CENTRAL CRIMINAL COURT
CARTER, MAYOR. SIXTH 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, April 2nd, 1860.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. HALE; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
298. WILLIAM STUNT (34), indicted with John Brooks for unlawfully obtaining 7s., 9l. 1s. 6d. 9l. 17s., 7l. 1s., 8l. 7s. 6d., 3l. 6s., 6l. 16s. 6d. and 6l. 3s. 6d., the property of Henry John Nicholl and another, by false pretences; to which STUNT PLEADED GUILTY .— Confined Eighteen Months.
BROOKS, (who PLEADED GUILTY on February 1st, see page 299.) Confined Six Months from this date.
MR. COOPER conducted the Prosecution.
CORNELIUS BIKHER . I am a painter, and live in Davis-place, Cremorne-road, Chelsea—I did reside at 1, Winterton-place, Park-walk, Chelsea, for 16 or 17 years—in 1852 proceedings by ejectment were token against me by the prisoner—in consequence of something that transpired the proceedings stood over until October, 1859—the ejectment was then tried and a verdict was given for the lessor of the plaintiff—execution was stayed—the prisoner afterwards distrained upon me for the 105l.; I replevined and got a verdict in my favour—I afterwards proceeded to serve a copy of the rule on the prisoner—on Saturday, 4th February, I went with Mr. Hempson to serve the prisoner with a piece of paper—there was no one with us—I saw the prisoner in the ground adjoining the house—the gate was open and we walked in, and Mr. Hempson gave him the piece of paper—I was close by him at the time—the back-door of the house that I had lived in so many years was open, and I walked into the house; and as soon as I got into the house the prisoner caught hold of me and struck me against the door-jamb, and shut the door and jammed me between the door and the jamb; he squeezed me so that I was hardly able to speak; at last I halloed out "Murder"—I thought I must have died in the place, my breath was taken away—I halloed out
"Murder" as loud as I could, and a man came to my assistance—I called "Murder," I think, three or four times—it might be two or three minutes or more that I was jammed in the door—somebody came at last and I was set at liberty—the young man that released me was pushing the door open and I went in and caught hold of the banister rails, and there I stopped till I was turned out—the prisoner and an ostler turned me out—I was very much hurt indeed, and I complained as I laid hold of the hand-rail of the banisters—a woman iu the house was kind enough to give me some water and a cup of tea afterwards—the defendant was in possession of the house, I believe, at that time, but I was in the house—I went to Dr. Goddridge and saw the assistant, and stripped before him—I was uuder his care a fortnight and better—my back and chest were all black and blue where I was struck—I am not well now, and I am afraid I never shall be; I still suffer—I have been trying to work as well as I could, but my head is so bad I am afraid of standing on a plank for fear of falling off.
Cross-examined by MR. DOYLE. Q. You resided at this place sixteen or seventeen years? A. Yes; I paid 4 guineas a year ground-rent to Leeand Pemberton—I did not claim to be owner of the premises—an action of ejectment was brought against me—I defended it—the present defendant was then the plaintiff; the jury gave a verdict against me—I do not know that the Sheriff of Middlesex came on 12th January last, and put him in possession—I was not at home—when I came home I found my things were all broken and destroyed and put into the street—I did not know that the Sheriff gave him possession—when I asked the man that was in possession he said I must go to the Sheriff, Messrs. Willis and Willis—I did not know who they were—I employed an attorney afterwards—I heard from him that the Sheriff had given the prisoner possession—Hempson had some paper to serve on 4th February—I went to see it served, and as the gate was open I walked in—I did not consider they were the prisoner's premises—I did not know he was legally in possession—he had not been there from the 12th of the previous January—I believe he said once that he was not in possession, that Miss Calvert was—I do not know whether he was keeping the house for Miss Calvert—I saw him there in the yard—I do not know that he was in possession from January 12th—I had not been to the house in the interval—I passed by sometimes four or five times a day; it was my business—I did not see the prisoner there all that time—I have seen him there sometimes when I have been going to my work at 6 in the morning—I had never been in the house after my goods were turned out till the day I went with Hempson—I went because part of my property was in the house; some lead pipe—I was told that Beeston had taken the lead pipe off my butt, my butt was turned out and the taps were gone, and I was told that Beeston took it off; and I went to see whether my dresser and shelves and fixtures were there—I went to see if my things were in the house—I thought as the door was open there was no harm in going to see if my things were there—I did not see Humphreys till he pushed me in at the door and released me—I was in the doorway before the prisoner—I never heard the prisoner call out that I had no business there, and tell me to go away—he did not go to the back-door after Hempson had given him the paper—I did not rush after him and try to force myself in—when I was jammed between the door and door-post I was not trying to force myself in, I would have cot out if I could—I said "For God's sake don't kill me"—I could not get either one way or the other; I had no more power than a child; I was not trying to force myself into the house—I was going in when he jammed me in the door—I
have never sworn that went there because Hempson proposed to put me in possession of the premises—did not swear that in an affidavit at the Judges Chambers—did not hear Hempson call Humphreys to my assistance—Humphreys pushed open the door and pushed me in, and he went in with me and remained with me till the police came—the police were present when was put out—went to the Westminster police-court for a summons in this matter—Mr. Paynter, the magistrate, did not refuse the summons, it was granted—I believe, the magistrate stated that he was satisfied that the prisoner was perfectly justified—Mr. Hempson and I were bound over in our recognisances to appear at the Middlesex Sessions, and also Boud, Campbell and Dyer; and two of them were not in the house at all—I was tried at the last Middlesex Sessions with Hempson, for riot and assault, and was found guilty—I am now under recognisance to come up for judgment when called upon—I then came here and got this bill found—the Magistrate did not commit the prisoner or hold him to bail, because he stated a false case—I made no forcible entry, and did not wish it—l do not know whether Chapman, Campbell and Dyer were seen about the place in the course of the day before went there; did not meet any of them before went there—I was not at the Goat and Boots that morning, and did not see any of these men there—was at the Goat and Boots at near 4 o'clock, and this occurred about five minutes afterwards—all these men are friends of mine—I saw Campbell come in when I was in the passage hallooing out "Murder"—Boud was not in the house; I never saw Boud until he came in stripped to his shirt sleeves and was going to knock me over the banisters—have indicted Boud for hitting me—it was Boud's wife that gave me the cup of tea—Boud struck me when was being taken out—I resisted being taken out—they hurt me so much hardly knew what I was about—I don't know whether I kicked and put my feet against the door; I only resisted when they hurt me, when they were knocking me about in the passage, they would not let any one come to my assistance; I do not know how many of my friends were collected outside—almost everybody in the neighbourhood knows me, having lived there so many years—I did not hear any one shouting to me to keep in—I am called "the Don” I do not know why; it is a nick name—did not hear the mob shout out "Now, Don, you are in keep in; don't let them turn you out"—I did not see Boud come down stairs and go out at the front door for the police—I saw him when he came in—Campbell and the others came in to my assistance on my hallooing "Murder"—I was not engaged in my ordinary occupation the next day; I was not out of my bed from the Saturday till Monday when I went to the police-court, I "laid in bed all Sunday—I was at a public house the same evening but could not stop long, I was obliged to go home and go to bed—I live at a little cottage belonging to the King's Arms—I did not go to the King's Arms that night.
MR. COOPER Q. Were you and Hempson the only two that went there to make this forcibly entry, as my friend calls it? A. Yes; not a soul else—I had not employed any one—a great number of people came round—I never asked them to come—after remaining for some time like a nut between two crackers, I was released—Mr. Paynter never said that the prisoner was justified in squeezing my vitals out.
AMISS HEMPSON I am managing clerk to Mr. Brown, the attorney for this prosecution—there was an action for ejectment brought by the prisoner against Mr. Bikher—this is the original order of Mr. Baron Martin (produced)—I received it from Mr. Pollock, the associate; it was signed by him in the usual way—it has no seal; a nisi prius order has no seal—I received it from the associate and paid for it—I did not see him sign it.
MR. DOYLE. Q. Did you receive it from Mr. Pollock? A. I received it from a clerk in his office, in the usual way.
MR. DOYLE. objected to the reception of this order, it not being shewn to be properly authenticated. The COMMON SERJEANT considered it admissible bearing the signature of the proper officer; it was put in and read, and purported to be an order that, a Juror being withdrawn, possession should be given up to Miss Calvert, no costs on either side, no waste to be committed, and lodgers to be withdrawn.
MR. COOPER. Q. Having obtained a rule, did you go with Mr. Bikher to serve a copy of it? A. No, I did not—I served a copy of that order on the attorney, and then the case remained until the 12th January following before I heard anything further about the order—I then found that a judgment had been signed—an application was then made to the court to set aside the judgment: it was set aside on 31st January, and this rule made. (This being read, ordered judgment to be signed and all subsequent proceedings to be set aside for irregularity)—After that on 4th February, I met Bikher—I took no one else with me; I had employed no one else—I went by appointment to meet him, and we went to the premises—the dustman was there taking out the dust; Beeston was in the ground—I walked in and served him with a copy of that rule—I then turned round to come out the way I went in, and when I got very near to the door, I heard a cry of "Murderw"—it was near the gate, near the window—it is a gate in the grounds—in consequence of that, I turned back to the back-door of the cottage—I there saw Mr. Bikher and the defendant jamming him against the door-post, between the door and the door-post, just inside the place—I could see the prisoner, ho was pressing the door against him, and swore he should not come in there—Bikher appeared in much pain—a man of the name of Humphreys came almost immediately, and pressed against the door and Mr. Bikher went inside—I came away directly—I never went inside the door at all—I immediately turned away and went home—when I was taken before the Sessions court, Bikher and others who were witnesses for me, were prisoners with me, so that I had no witnesses to call—Humphreys was the only person, and I did not know him; he was a stranger to me—I never saw him before.
Cross-examined. Q. Humphreys was not a prisoner? A. No—I do not know Goodrich—at the sessions, there were three or four persons called, not on my behalf; not one of these people swore I was there half-an-hour before it all began—I did not hear Earl say so—no one said it—Humphreys is here to-day—Benjamin Moss was called on the part of the other defendants, not on my part—I do not know Joseph Huggis—Sharp and Earl were called; they had nothing to do with me—I do not think they ever said a word about me—I don't think they ever saw me—I had served a copy of the rule on Beeston's attorney, but counsel advised a copy to be served on any person who was on the premises, and that was the reason why the rule was served on the premises—I told Mr. Bikher to meet me there for the purpose of going with me—I could have gone and served it myself without taking him, but, from some information I had received, I thought it necessary to have him with me—I did not say to Bikher when we were outside in the yard, "The door is open, get in"—I did not say any such thing—I heard Bikher cry out "Murder" twice—I heard him cry out, "I am in, I am in," after he had been released—I did not when I saw Humphreys, call to him and tell him to go and help Bikher—I was standing at the door when the man came—I did not know him; I do not know
whether even spoke to him—I would not swear positively did not—he came up to the door and said something—I did not see Humphreys push Bikher in; he came to the door—I went right away home—I went from the door—he was between the door and the gate—I heard him cry out, "I am in"—I think the action of ejectment was tried last July—I bad nothing to do with it—I am aware that there was a verdict for Beeston as the executor of Mrs. Wilby—that verdict does not still standthere was an action brought for trespass—the order made by Mr. Baron Martin set the whole of it aside—after the verdict has been obtained in the ejectment, he stayed the execution that gave Bikher the opportunity of applying to the Court in the following term—in the Interim they seized the goods of Bikher for the alleged sum of 105l. for rent—that was replevined, and an act on was brought for the trespass; that came on, on the second day of term, before Mr. Baron Martin, after he had heard the case for the plaintiff, the defendant's counsel said he was not going to call any witnesses—Mr. Baron Martin then said if so he should direct the Jury to find a verdict for Bikher, with such reasonable damages as he had sustained, but he suggested that it would be best to let this verdict determine the two actions, and, if not, he should take care the verdict did not stand n the ejectment, and he postponed the trial till the 21st—on the 21st Beeston's counsel went on the case, and after the defendant's case was closed the arrangement there stated was come to—I have the briefs signed by both counsel, and that verdict was set aside—Beeston did not, after he had established his right by the act on of ejectment, distrain for rent—that was long before the act on commenced, I think as long ago as 1852; then he distrained for 105l., and an act on for trespass was brought against him for an illegal distress—he knew there was no contract, and no rent was due—Bikher said,"I am not tenant, and therefore you have no right to distrain"—when the act on for the illegal distress came on for trial, Mr. Baron Martin suggested that there should be a settlement of the whole matter, and a juror was withdrawn, and no verdict given—Miss Ann Elizabeth Calvert is not the person interested in the property—she is no relation to Beeston—I do not know whether Beeston sued n the character of her trustee—I had nothing to do with that—Mr. Baron Martin said that Miss Calvert was the only person that he saw who had a right to the property—the mother had died—the order was drawn up that Bikher should give possess on in a fortnight—do not know whether Beeston always appeared as Miss Calvert's trustee—I hadnothing to do with the ejectment—Nicholson and Clark were thesolicitors for the ejectment—possess was not given up at the end of the fortnight.
COURT. Q. Who was in possess on at the time this order was made? A. Mr. Bikher—he was in possession all the way along till 12th January for seventeen years.
MR. DOYLE. Q. Then the condition on Bikher's part was not fulfilled? A. No, and I can state the reason if you wish it—possess on was not given up; he was in possess on up to 12th January from the 21st November—I do not know that he had barricaded it so as to prevent persons getting in—judgment was signed on 10th, and possess on was given on 12th January—in the case of the ejectment the order was that the judgment should be set aside, and all the subsequent proceedings—I did not get a writ of restitution; I applied for it—the judges refused to make an order—I was not present—believe made an affidavit at chambers on 9th February—I did not state in that affidavit that I had come there to retake possess on of the premises—I can't say whether I stated that Bikher attempted to get in, that he called for help, and that went to his assistance—I will
not swear I did not; I have no doubt I did say that he wanted help—I was at the police-court, and was held on my recognisances to appear and take my trial at the Middlesex sessions, and the Magistrate ordered Beeston to be held to bail to answer the charge of assault—I and Bikher and the others were bound over; Beeston was not, on that occasion—I did not mean to say that he was bound over to answer any charge at the sessions—I was convicted of a forcible entry, and am now under recognisance to come up for judgment—I came here and preferred this indictment in the regular way, and the defendant was taken into custody ten days ago—I made inquiry about his bail—I did not go and talk to them in such a way as to prevent their becoming bail for him.
MR. COMMON SERGEANT considered that upon this evidence it would be difficult for the Jury not to conclude that the prosecutor was attempting to enter the premises, and in that case it could hardly he said that the violence used to keep him out was greater than the prisoner was justified in using. The JURY adopting that view of the case found a verdict of
NOT GUILTY .
MR. COOPER offered no evidence.
NOT GUILTY .
PLEADED GUILTY—Recommended to Mercy by the Prosecutor. — Confined Six Months.
PLEADED GUILTY.—Recommended to Mercy. — Confined Twelve Months.
PLEADED GUILTY .— Four Years' Penal Servitude.
304. JOHN YEO (25) , Stealing 1 walking stick, value 10s. of George Stephen Rix, also 3 parasols, 3 purses, 2 caps, 2 candlestick ornaments, 1 umbrella, 2 bags, 3 antimacassars, and 1 ladies' companion, the property of William Cookworthy Hutton, and another, his masters; to which he
PLEADED GUILTY except to the parasols. — Four Years' Penal Servitude.
PLEADED GUILTY. MR. METCALFE stated that a third boy who had been pointed out by the prisoners to a policeman, had since committed suicide.
They received good characters, and were recommended to mercy by the Prosecutors.— Confined Six Months each.
NEW COURT.—Monday, April, 2nd, 1860.
PRESENT.—Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. CONDER; and ROBERT MALCOLM KERR, ESQ.
Before Robert Malcolm Kerr, Esq. and the Fifth Jury.
PLEADED GUILTY .— Judgment Respited.
Lady Hardinge gave her a good character and recommended her to mercy.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Seven Years' Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and LAWRENCE conducted the Prosecution.
HENRY BUCKINGHAM (Policeman C 76.) I produce a copy of a certificate of conviction. (Read: "Central Criminal Court, January 1859; William Foster, Convicted on his own confession of uttering counterfeit coin. Confined One Year.")—I was present; the prisoner is the man.
SARAH HOLDSWORTH . I am the wife of Thomas Holds worth; he keeps a shop—the prisoner came there on 24th March—he asked for a quarter of an ounce of tobacco; I served him—it came to 1 1/2 d.—he said while he was about it he would have an ounce—I gave him an ounce and he gave me in payment a sovereign—I took it up and said, "This sovereign looks very light"—he said, "It is very good"—I said it might be but I could not give him change—I went out and left my little boy in the shop—I asked my next door neighbour to go to my shop, and I went to another person with the sovereign; he tried it, and bent it and gave it me back—I had not lost sight of it—I had seen the prisoner about two months before that—he came for a quarter of an ounce of tobacco—I served him—he gave me in payment a good two-shilling piece—I gave him 1s. 11 1/4d. in change—I am sure the change I gave him was good—after I gave it him he asked me to give him change for a shilling—I told him I could not—he then said would I give him the two-shilling piece back he would give me two shillings—I gave him
the two-shilling piece and he put down two shillings on my counter—I took them up and found one was bad—the other was the one I had given him—it was a hard worn shilling—I put that bad shilling at the back of my till and gave it to the policeman with the sovereign—a week or ten days after that two-shilling piece was passed, he came to my shop, my husband served him—the prisoner gave him a good shilling which my husband gave to me—the prisoner than said he did not want to change that, if I would give it him back he would give me a penny—he than felt in his pockets and said he had not got a penny he must change, and threw down a shilling—I told him it was bad, and he said it was the same one that he threw down first—I said "No; that was a good one and this is a bad one"—I put it on the counter and the prisoner broke it himself and left the shop.
Prisoner. Q. Can you swear that I came to your shop on 24th March and asked for a quarter of an ounce of tobacco and gave you a sovereign? A. Yes; you pushed it on the piece of marble and said, "That is the way you go"—I thought it was bad when you gave it me.
Prisoner. I never left Cold Bath Fields till 28th January, how could I be there and giving her counterfeit coin?
ELIZA BRADLEY . I am the wife of John Charles Bradley; we keep a shop—I recollect the prisoner coming there on 5th March; he bought three small articles which came to 4 1/2 d.—he gave me in payment a two-shilling piece—I had not change—I had not a sixpence; I gave the two-shilling piece to the little girl, Sarah Elizabeth Penny, to get change—she went, and the publican, Mr. Porter, came back with her and asked the prisoner if he had got any more of them—he said he had not, and he had not enough change to pay for what he had bought—he had only 3 1/2 d., he left the tools and went away—he was followed and given in charge—he was taken to the station-house.
Prisoner. You live at No. 1, Fitzroy-market? A. Yes—I had three half-crowns and three shillings, but I did not put the two-shilling piece amongst them—my husband gave you in charge—I was at that time at the station—I cannot swear that the two-shilling piece that was brought back was what I had given—I did not take sufficient notice.
WALTER MORTON . I keep The Feathers public-house—I recollect my barman giving me a bad florin—I do not exactly remember the day—I saw this little girl there, and went with her to Mrs. Bradley's shop—I saw the prisoner there—he said he was a respectable man, but he had not sufficient change to pay for the articles; I think he said he had only 3d. or 3 1/2d.—he was allowed to leave the shop as there was no policeman handy—I followed him, and Mr. Bradley gave him in charge when we saw a policeman—I gave the florin to the policeman—it never parted from my sight till I gave it him.
Prisoner. How far did you follow me? A. Across the Portland-road—I never lost sight of you.
JOHN MINNS (Policeman, E 28). On 5th March, Mrs. Bradley gave the prisoner into my custody—I received from Mr. Morton this florin which I produce—I have had it ever since—I took the prisoner to the station—I
found on him 11d. in copper and a sixpence in silver—he was taken to the police-court, remanded till the 8th, and then discharged.
DANIEL EARL (Policeman, E 91). The prisoner was given into my custody on 24th March—I searched him and found on him 1 1/2 d. in copper—Mrs. Holdsworth gave me this counterfeit sovereign, which I produce.
DANIEL O'HARA . I live at 37, New Compton-street—the prisoner came to my shop on 11th January or February for 3lbs. of potatoes; they came to 2d.—I seized him—he offered me a shilling—I gave him 10d. change and he left—I found the shilling was bad in three or four minutes, and followed the prisoner, but could not find him—I bent the shilling with my teeth and gave it to a policeman just after the prisoner was given in custody—I am quite sure the shilling I gave to the policeman, Strickland, was the one the prisoner gave me—I had kept it separate in a bit of paper—I had two more bad shillings—I had kept them separate in bits of paper.
COURT. Q. Had you bent the others? A. Yes; I did not let the shilling that the prisoner gave me go out of my hand before I tried it—I could not find the prisoner, and I put the shilling in a bit of paper—I did not put it in the same place with the other bad shillings.
MR. ELLIS. Q. Do you recollect Mrs. Holdsworth coming to you and asking you to go to her door and mind it? A. Yes; that was about the time that the prisoner was taken up.
Prisoer. Q. Well, Daniel O'Hara, what day was it I came to your shop? A. On the 10th or 11th of January or February—I don't know whether it was the 10th or the 11 th, but it was January or February—(At the prisoner's request this witness' deposition was read, in which he stated thai it was on the 10th or the 11th of January that the prisoner had come to his shop.
Prisoner. Q. Can you swear that I am the man that came to you and gave you the counterfeit shilling? A. Yes; after you gave it me, I gave you change, a sixpence, and 4d. in coppers—I put the shilling in a drawer.
Prisoner's Defence. Mrs. Holdsworth has sworn that I gave her a bad shilling about two months before 24th March, and at that time I was in Cold-bath-fields. I was not out till the 28th of January, and the two-shilling piece I was discharged for; I am innocent of the sovereign and the two-shilling piece.
GUILTY .*— Ten Years' Penal Servitude.
MESSRS. ELLIS and LAWRENCE conducted the Prosecution.
RICHARD COLTON (Policeman, B 68). I produce a certificate of the prisoner's conviction—(Read: "Central Criminal Court, May, 1859; Ann Flaharty, Convicted of uttering counterfeit coin.—Confined Nine Months")—I was present—the prisoner is the person.
JAMES CALLAGHAN . I keep the Star and Garter at Westminster—on 23d March the prisoner came to my house about 11 o'clock in the morning—she had something, for which she gave me in payment a Victoria half-crown—I noticed that it bore a whitish appearance, but it was not sufficient to make me have any suspicion—I put it in the till—there was other silver there and other half-crowns, but I was able distinctly to distinguish that from those other half-crowns—I gave the prisoner change
and she left—she came again about 12 o'clock for a pint of porter—the price was 1 1/2 d.—she gave in payment a half-crown of George the Third—I suspected it and spoke to the barman—I gave the prisoner change, and while I was speaking to the barman, she was off instantly when she had got the change—I ran after her but I did not see her—I made inquiries and called at several places—I did not find her abode till about 6 o'clock at night—I did not find her there—she came to my house about 9 o'clock the same night—she was then intoxicated; and in a bullying tone she asked if I wanted her—I said, "Yes;" and before I had time to tax her with passing bad money she took out the contents of her pocket and threw it on the counter, and asked if I could find any bad money—there were three or four sixpences and some other money—I said I had not charged her with passing bad money—I gave her in custody, and I gave the constable the last half-crown—I did not tell her at that time that she had passed bad money, but I did afterwards—I had given the constable the firsfc half-crown in the morning—when she came for the beer she brought a jug to put it in.
Prisoner. Q. What did I have the first time? A. I think it was gin—the change I gave you out of the first half-crown was small money.
Prisoner. It was your barman who served me with a quartern of rum—you came to my place and did not find me—when I came home mylandlady said that you wanted me, and I came. Witness. Yes, and when you came you volunteered the money you had, and asked me to find any bad.
COURT. Q. How many people had been in your shop that morning? A. I should say thirty or forty, or more—I had about five other half-crowns in the till—I have not had much bad money—I have been very fortunate—I have only been three weeks or a month in business—I called at the police-station and made inquiries about the prisoner—I had no knowledge of her only that she had a black eye—I know it was the prisoner who gave me the first half-crown—I knew the second was bad, and my memory took me back to the first of which I retained some slight suspicion—till she gave me the second I did not know there was a bad half-crown in the till.
GEORGE TAYLOR (Policeman, B 302). I took the prisoner in custody at the last witness' house—she said she would go to the station, and she had not passed any bad money—I received these two half-crowns from the witness.
Prisoner's Defence. It is not likely I should go twice to the house to pass bad money. I went once and gave one half-crown; I had been out at work till 12 o'clock in the day. He never accused me of passing the first half-crown.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MESSRS. ELLIS and LAWRENCE conducted the Prosecution.
RUTH HATCHER . My husband is a butcher; we live in High-street, Shoreditch—on 9th March, the prisoner came for half a pound of steak, served her—the price was 4d.; she gave me in payment a half-crown—I did not notice it at once—I had not mixed it with any other money—when I got inside the parlour I noticed the bad colour of it, and found it was
bad—told the prisoner it was bad, and sent for a constable and gave her in custody with the half-crown.
JOHN CRESSY (Policeman, H 221). I took the prisoner in custody—I received this half-crown from Mrs. Hatcher—the prisoner gave the name of Mary Ann Stevenson—she did not give her address; all that I could get out of her was that she slept in Flower and Dean street the night before, and she had received the half-crown from a gentleman—she was remanded and discharged on the 13th, no other uttering being proved against her at that time.
ELIZA SMITH . My husband keeps an eating-house in High-street, Shad well—the prisoner came there on 13th March for a pennnyworth of baked plum-pudding; she offered in payment a half-crown—I took it in my hand and told her it was bad—she said, "Give it me back, and I will give you good money"—I said that I would not—a constable was sent for and I gave her in custody—I bent the half-crown a little, and gave it to the constable.
Prisoner. I went and asked for a pennyworth of pudding: I gave her a half-crown, and she said it was bad; she had put it in her pocket. Witness. No, I had not.
GUILTY .— Confined Twelve Months.
OLD COURT.—Tuesday, April 3rd, 1860.
PRESENT—SIR ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. LAWRENCE; Mr. Ald. HALE; Mr. Ald. MECHI; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
321. MARY ANN MURPHY (23) , Stealing 144 yards of trimming, value 14s. the property of James Freeman, from his person; having been before convicted; to which she PLEADED GUILTY .**— Confined Twelve Months.
322. WILLIAM BARBER (18) , Burglariously breaking and entering the dwelling house of William Sudell, at St. Mary, Islington, and stealing therein 6 spoons, 1 seal, 1 hat, and other articles, value 15l. and 2l. 7s. 6d. in money his property; to which he
PLEADED GUILTY .— Judgment Respited.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined One Month.
MR. METCALFE conducted the Prosecution.
THOMAS HURST . I am a corn-chandler of Eastbourne, Sussex—I knew the prisoner in September last as coachman to Mrs. Hall, who was staying at Eastbourne—I supplied corn for her horses—this account for 13l. 10s. produced, contains a list of goods supplied to Mrs. Hall—I received that 13l. 10s. from the prisoner on 12th September, put a stamp on the bill, receipted it and gave it to him—I find a part of my writing on this bill, but the stamp has been removed—this other bill for 16l. 4s. is not one of mine, and was not made out by me or any one in my firm; but I found on it a stamp dated 12th September, upon which there is my signature as far as, "Thomas Hu—"—I did not affix any stamp to this bill; it is, I believe, the stamp that I affixed to the 13s. 10s. bill—I never saw this bill till it was sent to me—this bill for 5l. 17s., is for goods supplied to Mrs. Hall up to 12th September; it was received on September 27th from the prisoner—I affixed a stamp on that bill and receipted it—I find that the stamp is taken off—this bill for 6l. 19s. was not written by me or by my authority; it has never been at my place at all—it has the stamp on it that I put on the 5l. 17s. bill, with my writing upon it as far as "Hu—"—I supply oats and hay, but not green meat; that is bought by the stablemen who go round with carts—I should rather give corn and hay to horses in September than green meat, and it is very difficult to get green meat.
SARAH HALL . I am a widow, of Chalcot Villas, Regent's-park—the prisoner was my coachman—he had the care of my horses at Eastbourne in September last, and it was his duty to obtain corn and hay for them, and to come to me for money to pay the bills—he presented these two bills to me at Eastbourne, and I paid him for them—I never saw either of these other bills until I saw them in the hands of the police constable—I paid the prisoner other moneys for saddlery and sundries about the same time—I paid him 5l. 4s. 4d. on 19th September—he presented this bill to me with the stamp on it, and I paid him this cheque (produced)—the bill is for 28l. 9s. 8d. purporting to come from Mr. Wall—this account, giving the items (produced), was given to me by the prisoner—I never saw this other bill for 21l., 12s. 9d. (produced) at all, or any other bill from Mr. Wall except this—I never gave the prisoner authority to get goods elsewhere, and put them down into Mr. Wall's or Mr. Hurst's bill.
Cross-examined by MR. SLEIGH. Q. You never troubled yourself about where the corn was bought? A. Yes; I always understood that it was bought at Wall's—I know Hurst's residence—I left the ordering corn to my coachman, but I gave him instructions not to pay bills without presenting them to me—I was not acquainted with the tradespeople—the prisoner dealt at the best place—I believe that is the usual custom—I had a footman named Hopkinson—he is not in my service now—the prisoner had been about four years in my service at different intervals—two years as footman; he then left and returned about two years afterwards as coachman—he was not in my service when he was taken in custody; he bad discharged himself about a week, about 20th February—he had 12s. board wages, and 30l. a year—I did not complain last summer of his bothering me with so many little bills, and tell him to put all the small amounts into one bill; nor did I tell Hopkinson to tell him to do so—I am quite certain nothing of the kind took place—the Eastbourne bills were presented to me by the prisoner at Ryde, and I paid him the money—I came to town on the 21st October—between then and 11th November, the date of Mr. Wall's bill, the prisoner did not charge me for corn as bought from any other place
—I still have the three horses—I had no charge made by him or anybody else for corn during that period—the usual course was, for the prisoner to pay small amounts out of his own pocket, and come to me to be reimbursed, but it was contrary to my orders; I repeatedly told him not—I from time to time sanctioned that act by reimbursing him—he occasionally brought me a few bills which he had paid out of his pocket, and asked me to reimburse him, but very seldom—I believe the only account he brought to me at Eastbourne receipted as having been already paid by him, was the sadler's, and I paid him the amount—I owed him some wages when he was discharged, and also some money which he had paid on my account—it amounted altogether I dare say to 10l. or 12l.; and has not been paid to this day.
MR. METCALFE. Q. Were claims made on you by him? A. Yes; and, in consequence of my finding out that they were not correct, I refused to pay those bills—I do not find corn supplied between October 21st and November 11th by Mr. Wall; but bills were presented to me afterwards by the prisoner for corn which must have been supplied during that time, professing to come from Mr. Charles Tasker—a portion of these run over the same time as this bill of Mr. Wall's—those bills were presented to me by the prisoner, not sent in by tradesmen—I think I should recollect if I had told the prisoner to take the stamp off little bills and to put them on to fresh large ones—I have no rejection of doing that.
THOMAS SENIOR WALL . I am a corn chandler of 132, Edgeware-road, and have been in the habit of supplyiug Mrs. Hall with corn—I know the prisoner—this bill for 28l. 9s. 9d. was not made out by me or by my authority—it has a stamp on it which does not bear my writing, nor that of any one in my establishment—the stamp has "Paid, S. Wall," on it—that is not the way I receipt my bills—this book (produced) is in my foreman's writing, and was sent backwards and forwards by the prisoner—the things supplied to Mrs. Hall were entered in it—I find in it goods supplied to her to the amount of 21l. 12s. 9d. which was paid to me by the prisoner—my foreman, who was there, receipted the bill, and I took the money—he put this stamp on it—this bill goes up to 7th January—the amount to that date is 20l. 7s. 7d.—my account commences November 11th, and the first item in the other bill is October 21st—I supplied no goods between October 21st and 11th November—here are five trusses of hay, and six trusses of straw in this bill instead of five.
Cross-examined. Q. Is the handwriting of the bill yours? A. No, nor any imitation of it.
EDWARD CHAPMAN . I am foreman to Mr. Wall, and have been in the habit of seeing the prisoner come there for goods, as coachman—this bill does not come from our house—I know the book—it has my signature—the prisoner came to the shop just before he was given in custody, and said, "Grays will bring a bill over for 28l. odd; if they do, you will say it is all right; I have had goods from other places"—I said, "I cannot say that, because I know nothing about anything you may have purchased"—I know Messrs. Gray and Berry, solicitors to Mrs. Hall.
Cross-examined. Q. Was that some days before he was taken in custody? A. A few days.
CHARLES BEARD (Police-sergeant, S 23). On 3d March I took the prisoner at the Queen's hotel, Primrose-hill—I told him he was charged with forging a receipt to a bill—he said he had not done so; that He had paid all the bills, and they were all right—he asked what bill it was—I told him I could not tell him; I believed there were several—I told him to
reserve anything he had to say till he heard the charge at the station, as I could not tell him what the particular charge was—on the way to the station he said, "The bills are all right except that one where I got the corn in the Edgeware-road, and last Christnias time my mistress told me not to get corn there any more; since when I have been getting it where I could, paying for it myself, and putting it all down in Mr. Wall's bill"—he produced this bill of Mr. Wall's at the station, and likewise one of his own, from his pocket—I searched him, and found a bunch of keys in his pocket—I asked him if he had got any boxes—he said he had got nothing but what he stood upright in—I made inquiries, and went to a livery-stable keeper's in St. George's-mews—I found three boxes there, all of which I opened with the keys I took from the prisoner, and found in them some letters addressed to him, and the two bills produced here to-day from Mr. Hurst, without stamps, but with part of the name written on them—one for 13l. 10s., and the other for 5l. 17s. 9d.
Cross-examined. Q. You have made a good many inquiries; did not you find that the public-house where you found him was within a door or two of where he was lodging? A. Yes; he lodged in a Mews—his answer to me was, "I have nothing but what I stand upright in"—it was not, "I have no boxes here"—(The witness' deposition being read, stated—"I asked him where his boxes were, he said he had none")—he did say also that he had nothing but what he stood upright in—he said also, "The bills are all right"—it was not, "The bills you found are all right" because I had not found any—I did not see him after I found them—he was in custody—there were two sets of depositions at the Mansion-house—I found the bills before the examination on the remand—he said before the Magistrate that the bills were all right; that they merely contained, in addition, the goods he had put into Mr. Wall's bill.
MR. METCALFE. Q. Was this gentleman with you? (Mr. Lewis the solicitor.) A. Yes—I am satisfied that the prisoner said that he had nothing but what he stood upright in; he had only lodged one night up the Mews with another man, he had got no lodging—he gave me no information about the boxes—I said, "You must have some shirts"—he said, "I have got no shirts."
MRS. HALL (re-examined.) I never gave the prisoner any directions not to get corn from that place.
Witnesses for the Defence.
JOHN WHIFFIN . I live at St. George's-mews, Primrose-hill, and deal in hay and straw—I have known the prisoner six months, or it maybe twelve months—I knew him to be in Mrs. Hall's service—I first sold him some horse provender iu October last—it was when he returned from the Isle of Wight—I know that Mrs. Hall came back in October, because I saw the carriage and horses—I sold him half a load of hay, five sacks of oats, a bag of bran, and half a load of straw—I don't know how much it came to—he paid ready money—when he came into the Mews he said he had come home, and had nothing for the horses, and wanted these things of me till he went to the corn-chandler's—he paid me 4l. or 5l. for them, if not more—I have not counted it up—I keep books in my livery work, but not for corn, because I do not sell it, except to oblige anybody who wants any—Mrs. Hall's horses' stables are No. 4 or No. 5, and mine are No. I—I afterwards sold the prisoner some more hay, but do not know when—I do not know how much he paid me, but it was from 7l. to 8l. altogether, including the first—I do not know when I sold him the last quantity, as I kept no account, but it was before Christmas.
Cross-examined by MR. METCALFE. Q. Was it a month or two months before Christmas? A. It was after he had done with the other, and I believe it was before Christmas—the Mews are just by the Queen's hotel, near Chalkfarm—the horses had been there before that time—I have never bought corn or hay of the prisoner—he has borrowed a sack or two of my man, and returned it, as he had not got his own bay and corn—my man came and gaid that John wanted a sack of corn, and a truss of hay, and I said, "Whatever you let him have, keep an account"—I don't know when that was—I never keep any account—my man has the whole management of the corn, and of the hay-loft—I have never received corn or hay from the prisoner, nor has my man, neither from Mrs. Hall's stables, nor from carts that come, that I am aware of—whenever the prisoner had a sack of corn of my man he always returned it—I told my man that if John or anybody round the neighbourhood, the green-grocer, or the milkman, had anything, always to book it, and when they returned it to let me know—he has the key and the run of the hay-loft—I call the prisoner "John"—my man is "Henry"—I deal with Mr. King, of Camden-town, and with Mr. Tasker, who is here—I buy sometimes five, sometimes ten, and sometimes twenty quarters at a time—the prisoner said that he could not get the corn from the corn-chandler—my horses eat a sack of corn a day—there are eight of them—I took no receipt from the prisoner—I do not know how often the corn and hay has been returned in his way, my man can tell you, but he is not here—I never saw any corn and hay taken straight from the waggon to the stable, but I have heard my man say so—he has been with me two years now, but six or eight years on and off—I did not tell Mr. Lewis, the attorney, that John was the man who knew most about it; I said, "Henry," my man—I said whatever there was, if my man knew anything about it, it should be stated to him—my man has told me several times that corn and hay has been brought from the carts into my stable—I never asked anything about it, or how much at one time—I never paid money to the prisoner—my man has never paid him money for that very corn and hay that has been taken from those carts.
MR. SLEIGH. Q. Is there the slightest pretence for imputing to you that you received corn from the prisoner and paid him money for it? A. Never—if people in the Mews are short, I lend it them; and I have borrowed myself of a cab-proprietor—I have been there two years, the 13th of last month, carrying on the business of a job master—before that I was living as a gentleman's coachman, where I had been eleven years in one family.
JOHN HOPKINSON . I am in the service of Mr. Hook, of 9, Arlington-street—I was in the prosecutrix's service, and went from her to the service in which I am at present—I received a character from one place to the other—I was at Eastbourne last year with the family—the prisoner was coachman and I was footman—I do not recollect the exact words, but Mrs. Hull told me to tell the prisoner to this effect, that he was not to make out so many little bills; he was to put all the forage for the horses in one bill—that was before we went to Eastbourne—while we were there I remember corn being bought from Mrs. Hurst—the prisoner frequently brought green-meat from the carts which go round the town—I do not know what he paid a bundle—I have seen him get it frequently of a morning—I should think the cart came very nearly every morning in the week—I have seen the horses fed with it—it was sometimes vetches, sometimes clover, and sometimes grass—we were at Eastbourne about two months, or a little more.
Cross-examined by MR. METCALFE. Q. What green meat was it? did they
give green clover to horses? A. Yes—I will not swear exactly that it was green, but I know it was clover—it came in regular farmiug carts—the tares were in bundles, and there was grass—green graas was cut and given to the horses—we left in September—we went down before that—green food was given all the time we were down there—I never troubled myself to take the name of any farmer's cart—the horses were at the Wish-house, the stables belonging to the house—I used to be in the stables every morning—there was no memorandum given or taken—it was before we left town that Mrs. Hall told me to tell the prisoner not to make out so many little bills—it was not that she thought the bills he was making out were too much; nothing of the kind—I mean to say that she told me to tell him to put all the little bills, for forage of the horses, into one—two French ladies were present, and one of them came down into the kitchen and spoke to the prisoner about making out so many bills, and told him to put all the bills for the forage into one—I was discharged by Mrs. Hall, not at the same time that the prisoner was, but before they went to the Isle of Wight, when they left Eastbourne—I do not know why she discharged me, but if she had not I should have discharged myself—I do not know how the prisoner made up the bills—I had nothing to do with it.
MR. SLEIGH. Q. Who were the French ladies; were they friends of Mrs. Hall, or ladies' maids? A. I don't know whether you would call them ladies; I did not think them so: Mrs. Hall was lodging with them at the time—I was out of place about three months, as I was kept without a character—I got the place I have now partly on the character I got from Mrs. Hall—I referred to her for it and they denied it two or three times; I also referred to my former employer, on which I obtained the place I now have—there is no ground for imputing any dishonesty to me while I was with Mrs. Hall.
JOHN RETTY . I live at Bingfield, in Berkshire—I have known the prisoner from his childhood—it is usual to give green meat to horses in the summer and autumn—green meat is a general term for tares, clover, and that sort of thing—it is very often called grass—it is usual to give green clover to horses—during the time I have known the prisoner, I can give him a good character in every point of view; perfectly good for honesty and integrity—I have never heard the slightest imputation against him up to the present time—he has been in his own uncle's service—I am his uncle by marriage.
Cross-examined. Q. Do you mean to say that it is usual to give green meat in the autumn? A. Certainly; in October—it was given the whole of the winter before last; the winter being mild—I gave them to my own horses—I am a yeoman—I farm my own land—one of mine is a horse that I drive in my shay-cart, and the other is a farming horse—green meat is certainly given to carriage horses in September and October, and even later than that I have known it done—they have clover about that time, what we call latimust—I have seen the prisoner lately; I was bail for him—he has been with me since the bail—I have seen him frequently for the last two or three years, before he was taken in custody—I sometimes come to town—I have not seen him so often as three or four times in the year.
COURT to THOMAS SENIOR WALL. Q. Was there a book befcre this one which begins in November? A. Oh, yes—we have served Mr. Hall for many years—I have not got the former books—no goods were had of us by Mrs. Hall between October 21st and November 11th.
GUILTY.—Recommended to mercy by the Jury. — Confined Fifteen Months.
MR. PLATT conducted the Prosecution.
THOMAS PADDOCK . I live at 91, John-street, Tottenham-court-road—I have been a professional prize fighter but I have left it off—on Saturday, 3d March, I was at a place called Langham's, in Castle-street, Leicester-square—I asked the prisoner for 4s. 6d. and a knife—I told him if he did not give it me I should give him a punch on the nose—some scuffle took place in front of the bar between us—I did not give him the punch; I don't recollect who struck the first blow; I might or I might not—I was drunk, the prisoner was not drunk, not so drunk as I was, however, I had not been in bed all night—after that, I felt a knife go into my forehead, another cut over the eyebrow, and then under the lip—I hallooed out "Look out, he has got a knife; he has cut my throat"—I made sure it was my throat; he cut my I Up clean off—I saw his arm come between me, in the direction of my face—I could not see whether anything was in his hand—I was taken to the hospital, I was there two days—I came out on my own authority—we had been together at two or three public-houses on that morning.
Cross-examined by MR. SLEIGH. Q. You have been intimate friends for some years? A. I have known him for some years—I have been many a night out drinking with him—I was drunk—I had not been out with him all night—I could not have given him the punch on the nose—I was laid up two days and I attended every day for a fortnight.
GUILTY of Unlawfully Wounding. — Confined Nine Months.
NEW COURT. Tuesday, April 3d, 1860.
PRESENT.—Mr. Ald. CONDER; Mr. Ald. MECHI; and ROBERT MALOOLM KERR, ESQ.
Before Robert Malcolm Kerr, Esq. and the Sixth Jury.
MESSRS ELLIS and LEWIS conducted the Prosecution.
THOMAS JONES (Policeman, G 165). I produce a certificate—(Read: Central Criminal Court, Monday, May 9th, 1859; "Ann Williams was charged with unlawfully uttering a counterfeit coin. Pleaded Guilty. Confined Nine Months")—I was present at that conviction, and the Ann Williams mentioned there is the prisoner.
JOHN KECK . I am the landlord of the Cranbourne Tavern, in Great Newport-street—On Saturday, 24th of last month, I saw the prisoner in front of my bar with another female about 9 o'clock—the prisoner asked for some gin, and paid for it in coppers; they stopped there half-an-hour—the prisoner asked for some gin afterwards and put a shilling on the counter—I was about to serve her—I saw the shilling—I could not discern whether it was good or bad, and she swept it off the counter in the direction where she was standing on to the floor—I am quite sure it was the prisoner did that—after that she said to the other woman, "See what you have done, you have knocked the shilling out of my hand"—I said, "Never mind, we will look for the shilling"—she then went out and the other woman followed her—I saw the shilling picked up in the place where she had swept it off—it was given to we; it was a bad one, and I put it by on a shelf; I afterwards gave it to
the constable—I next saw the prisoner about two hours or two hours and a-half afterwards, she was alone then, she came in and asked for a quartern of rum in a bottle, and after it was put into the bottle and offered to her she said, "I don't want rum, I want gin;" my wife was serving her—she said to the prisoner, "Mind, don't give me any more bad money"—she also said, "You left a bad shilling in the box before to night"—she then threw another shilling down, it was a very bad one—I took it up, called a constable, and gave her in charge—I gave the two shillings to the constable—I am sure that the shilling given to the constable was the last shilling that was uttered; I never lost sight of it—the other was lying on the shelf all the time.
Prisoner. Q. Did I not come into your house and call for some gin, and pay for it in half-pence? A. Yes—your friend and you stayed there some little time—she did not call for a quartern of gin; she did not put down a shilling—I did not say at the police-court that you dragged the woman out of the shop.
COURT. Q. Had the prisoner been drinkiug? A. Yes, but she was not at all intoxicated—the other woman was more intoxicated than this one, a great deal—she was not flustered at all.
WALTER WEBBER (Policeman, C 78). I produce two pieces of money—I received them from Mr. Keck—I took the prisoner into custody—I saw her searched; no money was found upon her—she gave her right address.
Prisoner's Defence. Is it likely that if I went into the prosecutor's and swept the shilling off that I should not have stopped to pick it ip! I certainly was convicted before, but since then I have been getting an honest living. I met my husbatfd that day, who has been living away from me, and he gave me a half-crown. I paid away a shilling. I got my tea with sixpence, and I went into the public-house with the other shilling and had a quartern of gin. It is not likely if I had dropped it I should hare left it there and not picked it up.
NOT GUILTY .
MESSRS ELLIS and LEWIS conducted the Prosecution.
THOMAS SMITH . I am a grocer, and live at 13, Bedford-street—On 24th February the prisoners all came into my shop—Davis and another came in first—Davis asked for half a pouud of sugar, and half an ounce of tea, the price was 4d. after I had served them a bad shilling was tendered in payment—I did not observe the date of it—I placed it in the till—there was no other shilling in that department of the till—I gave the change, and the two prisoners left the shop; and in not more than one or two minutes the other two prisoners came in and asked for the same articles as those I had previously served, half a pound of sugar and half an ounce of tea—it was Harriet Johnson and Davis who came in first, and Gilbert and Emma Johnson came in last—Emma Johnson asked for the articles, and she tendered me a bad shilling—I bit in two, gave it her back, and told her it was a bad one—she said she did not know it and she gave me a good one—directly after she had gone out of the shop I looked in my till and found the shilling that I had taken of the first parties was bad—I then went out of my shop and followed the prisoners—I saw all the four prisoners together
about 40 yards from my shop—they all walked together and I followed them about a quarter of a mile—I met a constable and gave them in custody—I gave the constable the first shilling that I had taken.
Cross-examined by MR. SHARPE. Q. You have been examined before. A. Yes; at the police-court—I did not then think that it was Emma Johnson and Davis that first came into my shop, and Harriet Johnson and Gilbert who came in next—I pointed out the persons who came into my shop—I was not quite certain about their names—when I was at the police-station the different prisoners were pointed out to me—the first persons who came in my shop were Harriet Johnson and Davis.
Q. But when you were examined, and they were pointed out to you, did you not think that the first persons who came in were Davis and Emma Johnson; and did you not think that it was Emma Johnscn that asked for the tea and sugar and tendered you the shilling, and not Davis who asked for them and tendered you the shilling? A. It was Davis offered me the shilling—I put it into my till, which slides out like a drawer—at the time the first shilling was given me by those parties I had no suspicion that it was bad—I put it in the till as I ordinarily do—it was early in the morning—I had but little silver in the till, and this was put in a part where there was no other silver but the shilling—I have four compartments in my till and there was no other silver near that shilling—I had taken silver that morning, and taken shillings—there were several other shillings in the till I but there was not another near that shilling nor in that compartment—my I attention was directed to this shilling afterwards, when the second pair came I in and had left—I suppose they had not gone more than a minute when I went after them—I had not to go back after I had left for the purpose of taking off my apron—I did not go back again after I left my shop—they were something about 40 yards off when I saw them—when they came in my shop and bought these things I was behind the counter and they were facing me—after the four had left I went out and I saw the backs of four persons—I followed them a quarter of a mile—during the whole time these four persons were in my sight; I suppose they were 40 or 50 yards from me—it was between 11 and 12 o'clock—perhaps it might have been about 11—they were in Raven-street—that is not a quarter of a mile long—they went into South-street—that is a private street—there are private houses in it—I saw policeman, and the four persons were given into custody—the constables took the whole four—there was a second constable came up—the prisoners were taken together—I had kept them in sight the whole time; I never lost sight of them—they had turned a corner, and I must have lost sight of them, but I was just after them—I saw them taken in custody—I was close to them—they were not searched at the station—after the case was heard they were dismissed—I did not strictly prefer the charge.
MR. ELLIS. Q. Where did you first learn the names of the prisoners? A. I heard their names called over at the police-station—I cannot now tell what their names are—at the station the charge was given up; I did not press the charge—I was not half a minute in turning the corner when the prisoners turned.
GEORGE DEW (Policeman 68 K). I recollect the last witness giving the four prisoners in custody on the 24th February—I was in Whitechapel-road and he pointed out the four prisoners as passing bad money—I received this shilling from him—one of the prisoners offered to pay him a shilling for the bad one.
Cross-examined. Q. How did you manage to take these four women? A. They
all walked—I had no trouble with them—I was on one side of Whitechapel-road and the prisoners on the other—that is a public place—there were not many persons on the side where they were.
JOHN RYAN . I am fourteen years old—I live with my parents at 3, Union-street, Back-road, St. George's-in-the-East—On 29th February the prisoner Gilbert spoke to me between 7 aud 8 o'clock, in Cornwall-street—she called me into a house—she said "If you will go for me for a penny meat pie I will give you 2d.—she gave me a shilling to pay for the pie—I gave the shilling she gave me in payment for the pie—I received 11d. change—I gave the shilling to the woman in the pie-shop—I took the pie and the change back to Gilbert aud she gave me 2d.—she then said "Will you go for a penny apple pie" and she gave me another shilling—I went for the apple pie and I gave the shilling that Gilbert had given me—I was given iu custody for that shilling by the woman of the shop, Mrs. Thomas; and I was locked up all night—the next time I saw Gilbert was up at Arbour-square—the four prisoners were sitting together on a form—there were more people in the same room—at the time I received this shilling from Gilbert, I did not know it was bad.
Cross-examined. Q. When you were sent for those pies did you eat any of them? A. No; I was given in custody by Mrs. Thomas—I was locked up all night—I was in a great fright—I went first to Cornwall-street for the purpose of seeing Gilbert—I looked there and did not see her—Mr. French was the constable who took me there—I afterwards went to Arbour square—there were a good many persons in the room, but the four prisoners were sitting in a place by themselves—Gilbert was in the middle of them—before I went there I had been talking about this matter with the policeman, French—he did not tell me that he thought he had got Gilbert—he did not hare her then—he told me to look to a particular part of the room; and I looked where he told me and there these four women were sitting.
MR. LEWIS. Q. You were taken to the police-court to be heard, yourself? A. Yes; and to point out the woman.
AMELIA THOMAS . I was shopwoman in a pie-shop, 86, St. George's-street—on Wednesday evening, 29th February, between 7 and 8 o'clock, the little boy Ryan came for a penny meat pie—I served him—he gave me in payment a shilling—I gave him change, a sixpence, and 5d. in coppers, and he went away—I found the shilling was bad and I laid it aside—I noticed it was bad the moment I took it in my hand—the boy put down the shilling on the counter—I gave him the pie and 11d., and he was gone before I took the shilling up—I saw the boy again in three or four minutes—he came for a penny apple pie—he put down a shilling in payment, aud the moment I took it in my hand I found it was bad—I called a constable and gave the boy in custody.
Cross-examined. Q. Had the boy left when you took up the shilling? A. No; but while I was sounding it he went out of the shop and passed the window—when he came the second time I recognised him, and of course I expected he would pass another shilling—as soon as he put the other down I saw it was bad, and I gave him at once into custody—he told me he had been sent by a girl—I took him by the hand and asked him where he got the money from—before that I had said, "This is the second bad shilling you have passed," or words to that effect—I told him I must give him in custody to a policeman, aud then he told me this whole story about his having received it from a woman.
Cross-examined. Q. Davis has never been in custody before? A. Not that I know of.
HECTOR GRIFFITH (Police-inspector). The boy Ryan was brought to the police-court; the prisoners were not there then—he was brought a little I before 11 o'clock, and the prisoners came about 1 o'clock—they did not tell I me what they came for—I first saw them in the waiting-room, and I said to a constable in their hearing "Prevent any one leaving this room"—I went I in afterwards and I said to French, "Bring the boy, Ryan, in"—he was I brought in and I said to him, "Go and see if you can find the woman that gave you the shillings"—on seeing him, Gilbert placed her head behind one of the other women, and was looking out in the station-yard—Ryan stood opposite her, and he said, "This is her"—I said to her, "Turn your face round"—she did, and Ryan said, "That is the woman"—I said to the I prisoners "Now all four of you come in"—they came; and I sent for Mr. Smith, who said they were the women.
The deposition of Thomas Smith was here put in and read, in which he had stated that Emma Johnson and Davis were the first persons who came into his shop, and that Emma Johnson asked for the articles and gave him the shilling; that Harriet Johnson and Gilbert came in afterwards, and Harriet Johnson asked for the articles and gave him the shilling which he bent and returned to her.
GILBERT.— GUILTY .— Confined Eighteen Months.
H. JOHNSON.— GUILTY
DAVIS.— GUILTY .
E. JOHNSON.— GUILTY .
Confined Twelve Months.
MESSRS. ELLIS and LEWIS conducted the Prosecution.
KEZIA WESTON . I am the wife of Henry Weston, a stationer in Rathbone-place—On 3d March, the prisoner came to the shop—I served her with some note paper which came to 4d.; she gave me a sovereign—I gave her in change a half-sovereign, and some silver, and copper—I am sure the half-sovereign I gave her was good—I had examined it before I gave it her—when I put the money down she asked me the price of some pens which were in the window, and while I was turning round she said, "This half-sovereign is cracked"—I don't know whether the half-sovereign that I gave her was cracked or not, but it was good—the half-sovereign she gave me was light, and a bad colour—I observed that directly I told her it was bad—the half-sovereign I had given her was the proper weight, and it was of the average darkness of colour—I sent for my husband and gave him the half-sovereign—I had not been to the cash-box before I gave that half-sovereign to my husband—I had not put any other half-sovereign in.
COURT. Q. You got a good sovereign from her? A. Yes; and put it in the cash-box—there were two half-sovereigns in it besides the one I took up—I recollect looking carefully at the half-sovereign which I gave the prisoner—I had not taken the half-sovereigus that morning I think I had taken them before.
HENRY WESTON . I am the husband of the last witness—I was called into the shop by her on 3d March, and got from her a counterfeit half-sovereign—I saw the prisoner in the shop—my wife said that she had laid the change for a sovereign on the counter, and she had turned round to see for some pens and the prisoner said on her turning back with the pens
"I don't like this half-sovereign"—I had the half-sovereign in my hand, and I said to the prisoner, "Where is the good half-sovereign that my wife gave you?"—the prisoner advanced towards me and said, "Let me look at it;" and she appeared very anxious to get it out of ray hand—I persisted in refusing to let her have it—I got a constable and gave him the half-sovereign—he took the prisoner in custody, and she succeeded in taking the half-sovereign from his hand—I had looked at the cash-box that day—it might have been an hour and a-half or two hours before—there were then three good half-sovereigns in the box; only three—I always examine money and test it in some way before I put it in my cash-box—only Mrs. Weston and myself had access to the cash-box—within the last two hours before this occurred, no half-sovereign had been put in or taken out of that cash-box.
JOHN ENRY STUART (Policeman, C 133). I was called and the prisoner was given into my custody—I received this half-sovereign from Mr. Weston—9s. 6d. was found on the prisoner, but no half-sovereign—she was searched at the police-station, which is, I think, about one-eighth of a mile from Mr. Weston's shop—in going to the station her hands were not confined—I walked on her left side—it was about half-past 12 o'clock in the day.
COURT. Q. Were you told in the shop what she was given in custody for? A. Yes; it was explained to the prisoner by Mr. Weston that she had attempted to pass the bad half-sovereign—I asked her for the good half-sovereign and she said that this was the half-sovereign that was given her, and she had no other—I kept my eye on her in going to the station—I saw nothing to excite my suspicion—she carried her hands in front of her—she had this bag in one hand, and she carried it in front of her—I have been a police-constable eight years—I have not had much to do with these I utterers—another constable was with me who is not here.
Prisoner's Defence. That is the same half-sovereign that she gave me. I never was before a magistrate in my life.
The prisoner received a good character.
NOT GUILTY .
MESSRS. ELLIS and SHARPE conducted the Prosecution.
JOHN FARMER . I produce a certificate—(Read: "Central Criminal Court; Caroline Jones, convicted January, 7th 1848, of uttering two counterfeil sovereigns.—Confined Eighteen Months")—the prisoner is the person—I was at that time in the police, and I had her in custody.
JOSEPH SMOUT . I am a butcher—On 13th March the prisoner came for 6d. worth of beef steaks—she gave me a counterfeit half-sovereign—I took it up and said, "This is a bad one"—she said, "I took it of a gentleman who deals with you, and he is very fond of your meat—his name is James; he lives at 44, St. James's-square, Tottenham-court-road"—I said, "There is no such place"—she said., "O, yes, there is"—she gave me a good shilling and said, "Take it out of this," and I did so—I did not give her the half-sovereign back; I sent for a constable and gave her in custody—I marked the half-sovereign because she scrupled about my sayiug it was a bad one, and I said, "Very well, I will send my little boy to have it tried"—I did so and he brought it back—it was bad—I had bent it between my finger and thumb before I gave it to the boy—I gave it to the policeman.
Prisoner. Q. Where did you take the half-sovereign? A. Into my parlour—I did not give it to any one—I did not give it to a gentleman in black—it was only in the custody of myself, my father, and the boy, but I
had marked it before—I had not lost sight of it before I bent it—I did not I say at the station to the inspector, "I think I can make a case of this now, as she gave me a shilling and a half-sovereign."
CALEB HOOKER (Policeman, G 125.) On 13th March I was sent for to I Mr. Smout's, aud received from him this half-sovereign—I took the prisoner in custody and told her the charge—she said she did not know it was bad—she was searched at the station and 1l. 16s. 1d. was found on her—she gave I her name Caroline Jones, and said she lived at No. 44, St. James's-square—there is no such place—she then said it was No. 44, St. James's-place, Tottenham-court-road—I went, and there is no such place to be found.
JOHN ANDREWS . I am a fruiterer of Guildford-street—on 13th March the prisoner came to my shop for 6d. worth of oranges—I served her I and she gave me a good sovereign—I gave her in change a half-sovereign and 9s. 6d. in silver—she began taking up the change and then she said, "O dear me, I don't want change now"—I put my hand to take the change back and I saw it was not the half-sovereign that I had given her—I said, "This is a bad one" and I put it on the counter and bent it—it bent very easily—I said to her, "If you don't give me my half-sovereign back I will give you in charge"—she said, "I have no other"—I said, "This is not a good one"—I called the lad and told him to fetch a policeman—when she saw that I was determined to have it she gave me my own half-sovereign back—I had bent the one she gave me and returned it to her—after paying me she walked out of the shop, and I followed her and watched her to Mr. Smout's.
Prisoner. The half-sovereign your gave me oat of your pocket was a little bent. Witness. No, it was not, that I can positively swear—I did not examine the one you gave me more than bending it.
Prisoner. The prosecutor said, "I can make a case of this; she gave me a shilling and a bad half-sovereign." Witness. No, nothing of the kind.
Prisoner's Defence. I hope you will have mercy on me on account of my poor dying husband and my helple 38 children. This shall be the last time I will ever commit a like offence; spare me this time from a severe sentence
GUILTY .**— Ten Years' Penal Servitude.
MESSRS. ELLIS and SHARPE conducted the Prosecution.
ELIZABETH BLOWERS . I am single and keep a coffee-shop in Great Marlborough-street—On the 2d March the prisoner came and asked for & cup of tea and a slice of bread and butter—I gave them to her; they came to 2d. she gave me in payment a half-crown; I gave her change and she left—I put the half-crown in a drawer where there was one other half-crown—I noticed that the one the prisoner gave me was looking very white—soon afterwards I looked in the drawer and found one of the half-crowns was bad, that was the white one that the prisoner had given me—I took it out and barked it and put it aside—next day, Saturday, 3d March she came again—I knew her; she asked for a cup of tea and two slices of bread-and-butter—they came to 3 d.; she tendered me another half-crown—I took it and found it was bad—I asked her if she was aware of its being bad, and I told her she had given me one the day before—she made no reply—I sent for a policeman and gave her in charge with both the half-crowns.
witness gave me these two half-crowns—the prisoner was searched by a female, but nothing was found on her.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and SHARPE conducted the Prosecution.
EDITH BURNHAM . I was barmaid at the Princess Royal public-house in Seymour-place—On Sunday, 3d March, the prisoner came about 1 o'clock—she asked for half-a-quartern of gin—it came to 2 1/2d.—she gave me in payment a half-crown—I gave her change and put the half-crown in the till—there was do other half-crown there—I saw the prisoner again about half-past 4 o'clock—she had some gin-and-cloves which came to 1 1/2d.—she gave me in payment a shilling—I suspected it, and called Mr. Francis, and gave it him.
GEORGE FRANCIS . I am landlord of that public-house—on Saturday afternoon 3d March I got a half-crown from the last witness about half-past 1 o'clock—there was no other half-crown in the till; I had cleared it half-an-hour before—I found the half-crown was bad, and gave it to the policeman—between 4 and 5 o'clock that day the last witness called me into the bar and gave me a shilling—I saw the prisoner in the bar, I sent for a constable and gave the prisoner in charge with the shilling and the half-crown.
THOMAS HAMMOND (Police-sergeant, D 47). About 5 o'clock on Saturday, 3d March I went to Mr. Francis's house, and the prisoner was given into my custody—I received this shilling and half-crown—the prisoner said she did not know anything of the half-crown—she was searched at the station—1d. was found on her.
GUILTY of uttering the shilling. — Confined Twelve Months.
MESSRS. ELLIS. and SHARPE conducted the Prosecution.
JAMES MAY . I am landlord of the Duke of Sussex public-house, High-street, Kensington—On Friday, 2d March the prisoner came into my house—we were about lighting the gas—she asked for 1 1/2 d. worth of gin—I served her with it—she put down a sixpence—I told her it was bad, and asked how many more she had of them—she said she did not know it was bad—she gave me a good shilling, I gave her change and she went away—I went to the door and saw her standing on the other side of the way—I pointed her out to the police-sergeant, and he followed her—I broke the sixpence and gave it to him after he had taken her—I had lost sight of her after she went out of my door because I had to go round a corner—I am sure she is the same person.
JOSEPH WILSON (Police-sergeant, T 11). May pointed the prisoner out to me—she made off directly, and began walking very fast towards London—I came up with her and said, "I want you to go to the station with me; I expect you have got counterfeit coin about you"—she made no reply—I took her to the station—I said to her, "What money you have got about you, put it out on the chair"—she pulled out a shilling, a sixpence, and 4 1/4 d. in coppers—it was all good—I said, "Have you any more?"—she said, "No; that is all the money I have got about me"—I said, "What have you got in the basket"—she said, "Only a few things that I have got to
sell"—I examined the basket, and found in it some needles, thread am I combs, and at the bottom of the basket I found a counterfeit sixpence—she said, "If there is a counterfeit sixpence in the basket I did not know it was so and as regards the sixpence tendered to the landlord, if it was bad I did no know it was so"—this is the sixpence, and these are the pieces I got from the witness.
Prisoner's Defence. I am a poor woman, and had a few things to sell, I and I had taken the sixpence; I was not aware that it was bad, and as to I the sixpence in the basket I know nothing about it; if I had known it was bad, I had plenty of time to take it out before I was taken.
NOT GUILTY .
MESSRS. ELLIS and SHARPE conducted the Prosecution.
WILLIAM WATTS . I live at 1, High-street, Manchester-square, and am a tobacconist—On Sunday evening, 18th March, the prisoner came to my shop and asked for 6d. worth of cigars—I gave them to him—he placed a sovereign on the glass case—I had not change to give him, and I sent one I of my own sovereigns for change, leaving his sovereign on the counter—I I gave him the cigars and 19l. 6d., and he went out—I examined the I sovereign the prisoner had left, and found it was bad—I showed it to one of the witnesses, and he said it was bad—there were two persons in the shop; one of them is here to-day—I went out to look for the prisoner and could not find him—I gave the sovereign to the policeman—the whole I time it was on the glass case in the shop it was in my sight.
ASHER SAUNDERS . I was in wa✗ts's shop that evening—I heard the prisoner ask for six cigars, and he offered the sovereign; he put on the cigar case—when Mr. Watts took it up, he said it was bad and gave it to I me—it appeared to me to be too light to be good—I am sure the prisoner is the person; I knew him before from working in the neighbourhood.
GEORGE KING (Police-sergeant, D 76). On Sunday, 18th March, the last two witnesses came to the station-house in Marylebone—Mr. Watts gave I me this sovereign; he marked it in my presence—he and the person who was with him gave me a description of the prisoner—the prisoner was brought in afterwards on a charge of assaulting a gentleman in Bow-street.
WILLIAM WALKER . I am barman at the Victory public-house—on 1st March, the prisoner and Thomas Me Grath came in about a quarter before 12 o'clock at night, with another young man and a young woman—they purchased a cigar and Me Grath offered me a bad shilling—the prisoner paid fa the cigar.
Prisoner's Defence. I know nothing at all about the sovereign. I was with Me Grath and the young woman, but I did not give the bad shilling.
GUILTY .*— Confined Twelve Months.
MESSRS. ELLIS and H. GIFFARD conducted the Prosecution.
ANNIE SPENCER . I am barmaid at a public-house in St. Clement's. On Saturday night, 24th March, I was in the bar—the prisoner and three other persons came in; they called for a pot of porter, which came to 4d.—the
prisoner paid me with a shilling—I put it in the till where there was no other shilling—I gave the change—they left part of the porter on the counter and went away, and came back again in five or ten minutes afterwards—the prisoner called for a quartern of gin, and paid me a good 2s. piece—I gave him in change a good shilling, a sixpence, and four penny pieces—he then asked me for a shilling's worth of coppers—he gave me a shilling—I took it, and threw it into another till where there was no other shilling—I gave him a shilling's worth of coppers—Mr. Hubbard, the landlord, came in—I went to the till and opened it—I saw the shilling was counterfeit—I gave it to Mr. Hubbard—he said to the prisoner, "This is a bad shilling, give me another"—the prisoner said, "I did not ghe it"—Mr. Hubbard sent for a policeman and gave him in charge—I am quite sure there was no other shilling in either of the tills but those I put in—I did not lose sight of that shilling from the time I gave it to Mr. Hubbard till he gave it to the policeman—I saw the other shilling taken out of the till by Mr. Hubbard.
ROBERT HUBBARD . I keep the public-house; the last witness directed my attention to the shilling—I gave the prisoner in charge—I received one shilling from her and gave it to the policeman—I went and took the first shilling out of the till—I found it was bad—there was only one shilling there—I gave that to the policeman.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and H. GIFFARD conducted the Prosecution.
ELIZABETH CUNNINGHAM . I am the wife of James Cunningham, who keeps the Essex Inn, Essex-street, Strand. On Saturday night, 24th March, the prisoner came at a little after 9 o'clock; he asked for 2d. of gin and warm water—he threw down a half-crown—I took it up and found it was bad—I nearly doubled it in the detector—I threw it on the counter, and he gave me a second half-crown—I doubled that up in the same way—I took the spirits from him and desired him never to come there again—he took the two half-crowns and went out of the house—when he came in he appeared sober, but when I found the money was bad, he appeared drunk.
EDITH MULLIS . I am barmaid at the King and Keys, Fleet-street—On the evening of 24th March, between 9 and 10 o'clock, the prisoner came in and called for 2d. worth of gin and warm water—the other barmaid served him—he threw down a half-crown; she took it up—I took it immediately from her—I saw it looked very black—I gave it to Mr. Pegler, my master—he told the prisoner it was a bad half-crown—the prisoner threw down another which was good—the prisoner appeared sober when he came in, but afterwards he appeared very tipsy indeed—my master gave him in charge.
CHARLES PEGLER . I am landlord of the King and Keys, Fleet-street. On Saturday night, 24th March, I saw the prisoner at my house—I received half-a-crown from my barmaid—I gave the prisoner in custody—I put the half-crown in my pocket—I followed the policeman to the station—I there marked the half-crown and gave it to the officer.
on the prisoner one half-crown, three sixpences, and one fourpenny piece, and 7 1/2 d. in coppers, all good—I took him to the station—he made a desperate short to get away; we were obliged to put the handcuffs on him—he was not in liquor, it was all sham—he refused his address, but afterwards he said he lived in skinner-street, but he did not give any number—this is the half-crown Mr. Pegler gave me.
The prisoner's statement before the magistrate was here read as follows:—Last saturday was my birthday; I had a half-sovereign and seven shillings in my pocket. I went to the park to see the carrige coming to the drawing-room. I met with some friends and went to a public-house, and spent all my small change—I asked for change for the half-sovereign, and got four half-crowns, whether they were good or bad I can't say. I was intoxicated.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and H. GIFFARD conducted the prosecution.
SARAH RUSHBROOK . I am a licensed victualler—On 26th March, the two prisoners came in, and Brown asked for a quartern of gin—he gave me in payment a counterfeit half-crown—I said, "That is a bad one," and I bent it—he said, "I have just taken it of my master"—I put it on the counter; Brown took it up and said, "I have got no more money about me"—Jones said,"I am very sorry."—Brown took the half-crown—they walked out—my barman followed them.
Jones. Q. Did I not stop several minutes? A. No; you went out with him.
ELIAS JOSEPHS . I am potman to the last witness. On 26th March, I saw the two prisoners there; Brown called for a quartern of gin—he put down a half-crown—they went out together—I ran and took jones—I heard her say, "My husband took that half-crown of his master"—when I took Jones, she threw away a handful of bad money out of her hand into the road—I picked up two half—crowns, and a young woman picked up one—she brought it to the station and gave it up to me—they were all bad—I gave them to the constable.
Jones. You came to me and said I must take you in charge, and you picked up two bad half-crowns, and said, "I think you dropped them"—I said nothing about my husband.
Witness. Yes you did; and you threw a whole handful of coins out of your hand; and I took up two there was no other mand there but me and the officer—I was struck, but I don't know by whom.
HANNAH LONG . Houndsditch—I heard the last witness call out and saw him lay hold of junes—he said, "Now I have got you"—I did not hear him say anything else—Jones dropped some money—the witness picked up two half-crowns and I picked up one—a man came up to me and said, "Give me that half-crown"—I would not—I took it to the station and gave it to the last witness.
JOHN MORRIS (City-policeman, 652). On that occasion the barman came to me, and I went after Brown and brought him back—I found on him a sixpenses in good money—Jones refused her address—Brown gave an address
and I went there, but he did not live there—I received these three half-crowns from the barman.
Jones. I did not give any address; I said I had no settled lodging.
Brown. Did I run or walk?
Jones's Defence. I am an unfortunate, girl. I went in that house, and the man came in and gave a half-crown; it was bad, and he ran away. I was lightened and I ran away. I saw this man drop something, and the witness came and said, "This man belongs to you." I said, "No he does not;" he said, "I have picked up two bad half-crowns aud I think you dropped them." I said, "No, I did not;" I am quite innocent. I had no half-crowns at all.
Brown's Defence. I took 15s. 6d. of my master. I met this female and she asked me to give her a drop of gin. I said I did not mind, and I took her in to have it. I gave the half-crown and they naid it was bad. I said I was very sorry.
JONES— GUILTY .
BROWN— GUILTY .
Confined Twelve Months.
OLD COURT. Wednesday, April 3d, 1860.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice Williams; MR. Baron CHANNELL; Mr. Ald. FINNIS; and ROBERT MALCOLM KERR, Esq.
Before Mr. Justice Williams and the Third Jury.
PLEADED GUILTY .— Confined Six Months.
MR. ORRIDGE conducted the Prosecution.
WILLIAM MOORE . I am an inspector of the M division of police. On 24th March, I went to 128, Blackfriars-road, where the witness Mr. Lincoln lives—I saw the prisoner and Mr. Lincoln there—Mr. Lincoln told me that the prisoner had purchased of him a quantity of old coins, to the amount of nearly 20l.—I asked the prisoner how he became possessed of so much money; he said he received it from his father, who was a builder at Woodgreen, near Tottenham—Mr. Lincoln then handed me this blank cheque book (produced)—I asked the prisoner where he got it from; he said he got it from his father to give to a gentleman in Cheapside, but he did not know who the gentleman was, or where he lived, he did not know tho number of the house—I told him I did not feel satisfied with his statement, and I should detain him till I had made inquiry at the bank respecting the cheque-book; he nip de no reply—I took him to the police-station—I told him to let me have what money he had about him, aud he immediately drew from his pocket a bag containing seventy-one sovereigns—I first asked him if he had any money, and he said he had none about him
—I then told him I should search him, and he immediately drew out the bag—I also produce a silver watch which he drew from his pocket—he gave I me an address, 16, Nelson-street, Ivy-lodge, Woodgreen—I have since ascertained that he lives at 16, Nelson-street, City-road—when I returned from the Bank, I told him the charge against him would be obtaining a sum of money, amounting to 124l., by means of a forged cheque, and also for forging the signature of Mr. Shaw for the cheque-book—the prisoner I then said,"I did do it, there was no one else with me; there was no one I else concerned in it."
COURT. Q. You told him the whole charge then, the two branches of it A. Yes; and he made those observations to both branches—I also found these two cheques which are detached from the counterfoil of the book—the numbers correspond—they were in the cheque-book—(These were dated 20th February, 1859, purporting to be signed Wm. Wright, on the City Bank, for 376l., and 376l. 10s.)
MR. ORRIDGE. Q. Did you also receive from Mr. Lincoln a package of old coins? A. I did; which the prisoner had purchased.
JOHN WOODMORE DUNCAN . I am a cashier at the City Bank, of which Sir Robert Carden is Chairman—Mr. Wright of 17, King-street, Cheapside, has an account with the Bank—I produce an order for a cheque-book that was presented to me on 18th February—I can't charge my memory sufficiently to say that the prisoner is the boy; I think it was a youth—I gave a cheque-book in pursuance of that order—it was a busy day, and perhaps I did not observe so much as I might have done—(Read: "27, King-street, City, February 18th. Please let the bearer have a cheque-book. William Wright peo pro W. Shaw.")
WILLIAM WHITE EASE . I am a cashier at the City Bank—this cheque was presented to me on 18th February last—I paid the money 124l. over to the person presenting it—I handed it over the counter; it corresponds with the counterfoil in the cheque-book—I paid it in one note for 100l., one for 20l., and 4l. in cash; these notes (produced) correspond with the numbers entered in my book.
WILLIAM WRIGHT . I am an architect and surveyor of 27, King-street Cheapside—the prisoner was formerly in my service as an office boy—he quitted it about two years and a-half since—he had been with me six or seven months probably—I kept an account at the City Bank at the time he was with me and at the time he left—he had means of knowing that—I have continued to keep my account there till now—this order for the chequebook is not in my handwriting—this cheque for 124l. signed William Wright, is not in my handwriting, or either of these for 376l. or 376l. 10s.—I have no more than a strong suspicion that it is in the handwriting of the prisoner—I have seen him write many times—I do believe them to be, in his handwriting—I consider them very inferior imitations of my handwriting—this is filled up in a different way to what I fill up cheques.
FREDERICK WILLIAM LINCOLN . I am a bookseller and coin dealer at 128, Blackfriars-road. On 23d March the prisoner came to my shop and purchased coins and medals to the amount of 16l. 10s.—he had paid a visit the day before that—the first day he spent 2l.17s.11d. in coins and medals—the next day lie came again, and purchased to the amount of 16l. 10s.—the sum being a large one for a youth to spend, I inquired whether it was with the cousent of his parents that he spent the money—he said, "Yes;" and to prove his respectability he showed me a railway pass to Woodgreen—when I asked him about the consent of his parents, he said, "Oh, yes;" his
parents very much approved of his studying ancient medals, and his father was so well pleased with the things he bought the day before, that he wished him to come and make larger purchases—they came to 17s. 13s. 6d.—he said he had but 16l. 0s. 1d. to pay, and wished me to reduce the amount by taking back some of the things, which I did—in paying me I remarked that he took the money from different pockets—I told him I should like to go home with him and see that it was with the consent of his parents, and he was quite willing that I should do so—I went to Woodgreen with him—we got there at a quarter past 7, and we walked about till half-past 9 in the evening—I made inquiries about him at a confectioner's shop, and finding there was something suspicious in the matter, I thought it better to get a vehicle, and we got a brougham and went back to Woodgreen—the confectioner's was at Tottenham, but I did not know the neighbourhood—we were hunting for his home till 2 o'clock in the morning—he said, being dark, he could not find his home—several policemen assisted me in the matter, but the replies the prisoner gave to their questions were such as quite to baffle them; they thought the thing quite feasible, that the boy could not find his way home in the dark—I tried to get him a bed at Tottenham, but finding I could not, I took him to my own home in the Kent-road—next morning I found a cheque book sticking out of his pocket, I asked him what it was, and he said it was a bookseller's catalogue—I looked at it, and it turned out to be this cheque-book (produced)—I then took him to my business premises, called in Inspector Moore, and he was given in custody—I saw him searched, and this bag of sovereigns found.
ROBERT PACKMAN . I am a detective officer. On Saturday, 24th March, I went with Inspector Moore to 16, Nelson-Street, St. Luke's, where the prisoner lived—I saw his mother there—she gave me this box containing two hundred and sixty copper and silver medals—it is old coin of various descriptions—I afterwards went to the prisoner at the station-house and showed the box to him—I told him I was a police officer, and I had found this property at his lodgings at 16, Nelson-street, also a quantity of fishing tackle, a complete outfit—he said, "Oh, yes, that is mine; those coins, I purchased, the greater portion of, at Mr. Lincoln's yesterday, where I purchased the others, and I purchased it with a portion of the money I had for the cheque.
Prisoner's Defence. There is no proof of my handwriting, or of my being at the Bank—I found the whole of the money in a pocket handkerchief in Finsbury-square.
The prisoner was farther charged with having been before convicted of felony.
THOMAS EVANS (Policeman, G 22). I produce a certificate (Read:—Clerkenwell Police Court, 2d January, 1858; Sydney Dyer, stealing 2 watches and 2 rings from his master; to which he Pleaded Guilty, Confined Six Months"). The prisoner is the person named in that certificate—I took him in custody on that charge—he pleaded guilty before the Magistrate.
GUILTY.— Six Years' Penal Servitude.—Recommended to Parkhurst.
MESSRS. CLERK and METCALFE conducted the Prosecution.
WILLIAM SMEE . I am a constable attached to the Post-Office—the prisoner was a letter carrier employed at the General Post Office in London—in consequence of directions, I watched the prisoner on 24th March about
5 o'clock in the evening—I was watching in a position where I could command a view of the sorting office, but could not be seen myself—the prisoner was in the office sorting letters—he commenced sorting about twenty minutes past 5 at the dividing table, and whilst so doing I saw him examine several letters with his fingers, evidently to ascertain whether they contained coin—the letters that he so examined he placed in a particular place on the table with other letters—when he had finished sorting, he took the letters that he had so placed there, to the north-eastern division—he then sat down on his seat at the north-eastern division, and looked the letters through that he had just placed on the table, and while doing so I saw him take two or three letters from that parcel, and place them on his right hand side, close to his body, on the table—after he had finished looking them through, he shoved those letters that were in front of him further up the table—he then took his pocket handkerchief from his left breast pocket, and appeared to use it to his nose—he then shook his handkerchief out, and dropped it down on the letters that laid on his right hand side—he then crumpled his handkerchief up, and placed it in his right side coat pocket, and the letters were gone too, with the handkerchief—he dropped the handkerchief intentionally—he dropped it down, and his band went with it—Mr. Gardner was with me at that time—the prisoner then rose from his seat and went and collected another handful of letters, which he took and placed on the same table—he then went to another part of the office, where I lost sight of him—shortly after that I went into the comptroller's room, and saw the prisoner there, in the presence of Mr. Gardner—he handed me three letters which I produce—this is the handkerchief that I spoke of (produced)—it was handed to me at the same time by Mr. Gardner—I searched the prisoner, and found in his pocket 2l. 10s. 4d. in money, and 3l. more on searching his lodgings—I took him into custody, at the time the letters were given me—Mr. Gardner first came to me about twenty minutes to 6, just at the time the prisoner left the sorting table, and went to the north-eastern road—he was with me at the time the handkerchief was dropped.
JOHN GARDNER . I am one of the senior clerks in the general Post-office—On 24th March, I had some instructions with regard to the prisoner, and I watched him—he was in the sorting office—I went there for the purpose of watching him—when I first saw him, he was looking through some letters at the north-eastern division—he is a letter carrier and sorter—his duties on this evening were to assist in what we term the general sorting in the first instance; that consists of sorting into the ten districts for London—he would go to the dividing table for the purpose of sorting, and having got his letters for a particular district, he would take them to the north-eastern table for the purpose of arranging—first of all the letters for the north-eastern district would be all put together on the sorting or dividing table—when the letters from the north-eastern district have been separated and placed on the sorting table, the prisoner's duty is to collect them and take them to the north-eastern division table—he would then look through all the letters that had been sorted up at the north-eastern division, for the purpose of seeing that they were all for that district, to see if they had been correctly sorted—then his next duty was to have them tied up and placed in a bag for the district—I do not know that he would have to tie them up himself—they would he tied up—if he found any mis-sorts and letters which ought to have gone to another district, among the north-eastern, his duty would be to put them to their proper districts, or to hand them to some other person for that purpose—the prisoner was at the north-eastern table when I first saw him
with the letters—he had letters before him—I saw him take his pocket handkerchief from his left hand breast pocket—he appeared to use it to his nose, shook it out, and dropped it over two or three letters lying just at his right hand side—those two or three letters were lying apart from the other letters—he dropped the handkerchief over purposely; that, was apparent—he then crumpled the letters up in the handkerchief, and put them into his right side, coat pocket—when he took the handkerchief up, the letters were gone—I afterwards went round into the sorting office and met the prisoner there—that was about a couple of minutes after I had seen him put the letters into his coat pocket—I took him into the comptroller's room, and said, "You have some letters in your pocket"—he made no answer—he moved his hand towards his right side coat pocket—I at once inserted my hand into the pocket, took from it the pocket handkerchief, shook it on the desk, and from it fell the three letters produced—I said to the prisoner, "Why, here are three letters in your pocket, how did they get there?"—he said, "I don't know, I suppose they got there by accident"—I said, "Oh no, they did not get there by accident; I saw you take them up in your handkerchief, and place them there"—he made no reply—Smee the officer then came into the room—I gave him the three letters, and the pocket handkerchief—the letters have since been opened—at the time I shook them out of his handkerchief they were fastened—two were fastened with adhesive gum, and one with a wax seal—they were opened by myself in the presence of the Magistrate—after I had given Smee the letters, he left the room, and I told the prisoner that I was very sorry to see him in his present position; the more so, as the deputy comptroller had entertained a good opinion of him, and he might have got on; he must have known when committing depredations of this kind that they would be eventually detected—the prisoner said, "This is the first time, sir"—I said, "Oh, no, it is no use telling me that, for I know better"—he did not say anything to that—one of the three letters is addressed to Mrs. A. Adams, 1, Langham-street, Langham-place, Regent-street, with the letter W. on it—that would go to the western district—when that letter was opened, it contained 1s. and a penny postage stamp—another letter is addressed to a Mr. W. A. Nicholls, Aldine-charabers, Paternoster-row, E.C.; that is the eastern central district—that would have to go to a different table in the post-office, from the western or from the north-eastern—it would be sorted at a different division—that letter contained 6d. and a penny postage stamp—the third letter is addressed to Mrs. Meyer, 10, Lacey's-lane, Bolton-lodge, off Merrion-street, Dublin; that contained 6d.—all the letters had been stamped with the stamp of the chief office—they are stamped as soon as they come in, and before they are sorted—it is the stamp of the evening of 24th March, showing that they came in that evening—it is the 6 o'clock stamp—that would be for the 6 o'clock delivery—6 o'clock had not arrived—they are collected at 5, and stamped at 6—they would have gone out for the 6 o'clock delivery, two of them, the one for Dublin would have gone away that evening.
Prisoner. Q. Is it any tiling unusual to have a large number of mis-sorts placed there for different divisions? A. Letters are mis-sorted occasionally—they are pretty often—there must be some of necessity—it is done with great rapidity—I only found three letters on your person—you had some letters directed to yourself—the sorting-room is about as long as this court—I should think, perhaps as wide and a little longer—I think there are three sorting tables in the room—I should think more than thirty or forty men were occupied that evening—there may have been fifty, I really don't know.
MR. CLERK. Q. How near were you to him? A. I was about 8 yards from
the North Eastern table where I saw him put the handkerchief over the letters—there was light enough to see him well.
COURT. Q. Supposing there had been no dishonest or improper conduct on the part of the prisoner, all the three letters would be missorted letters? A. Yes; because they were brought to the North Eastern division to which none of them belonged.
SUSAN GREY . I live at Lewisham—I know these two letters—they are both written by me, the one to Mr. Nicholls and the one to Mrs. Adams—on 24th March last I left them at the office of Messrs. Wire and Child—I enclosed in one letter 1s. and a postage stamp, and in the other 6d. and a postage stamp—I left them there to be posted.
JOSEPH PORTHWAY . I am a clerk to Messrs. Wire and Child—on 24th March Miss Grey brought those two letters directed to Mrs. Adams and Mr. Nicholls to the office—I posted them, between 4 and 5, in Watling-street.
CATHERINE CAVANAGH . I am servant to Mrs. Edward Jacobs, 16, South-place, Finsbury square—Mrs. Jacobs is not able to attend; she is near her confinement—on 24th March I saw my mistress write a letter, and saw her put 6d. into the letter; she then gave me the letter with the sixpence to post; I posted it that same afternoon, between 4 and 5, in Finsbury-pavement—this is the letter—I saw the address.
Prisoner's Defence (written). "I take my trial for having in my possession three post letters while on duty at the General Post Office. I am led to believe I have broken the laws of my country by so doing: I shall endeavour to prove to your satisfaction I was performing my duty and nothing more. Among the many regulations and rules in the Poat Office the following is among the number: (Rule) "It is the duty of all sorters and 'despatching officers' to prevent letters passing through the Post Office with out paying the proper fee; and they are requested to weigh all letters which are 'suspicious' and tax them accordingly." On the 24th day of March last I resumed duties at 4 P.M.; I was called upon by my superiors to 'despatch' the North Eastern Branch; I did so up to the 6 o'clock; there was a very large number of letters at this hour, the chief part of them were circulars, weighing about a quarter of an ounce; among them were those three letters in question, all of them missorts, and seemed to be over the weight. It was my duty as a despatching officer to turn those letters out and have them weighed and taxed accordingly. I did so, and placed them by my right hand with the intention of doing so when I had despatched. When I had what letters I had before me examined some one called out to clear the remainder of the North Eastern letters; I obeyed the call, and brought those three letters in question with me in case my assistant would tie them up with those that were examined, as there are very strict rules against sending down missorts, unexcusable missorts as these were. The duty was heavy, and in the impulse of the moment I put those letters in my pocket before several of the men, and they were quite visible from my pocket. I have done so before: carried letters in my pocket when my hands would be engaged by other articles; I was never told to the contrary. My superior officers have no doubt seen me many times, with others, carry letters to and fro in our Pockets. I was never informed in what precise manner we should carry letters; had I been informed I should not have broken the regulation. You perceive I am tried for breaking a law which did not exist. The letters were in no way tampered with: if plunder was my object I should not have placed them in a pocket quite visible to a passer by, and before so many."
JURY to MR. GARDNER. Q. Is it usual to allow the sorters to take the
missorted letters from the table and put them in their pockets to be weighed? A. Not to put them in their jackets, certainly.
GUILTY .— Four Years' Penal Servitude.
MR. THOMPSON conducted the Prosecution.
JOHN MITCHELL . I keep the Duke's Head public-house, Reed's-mews, Grosvenor-square—the prisoner had been a customer of mine for about four months before the transaction in question—on 21st February he was indebted to me in the sum of 3l. 6s. 2d. altogether—I had not asked him for payment then—he said as soon as he received his money from the Zinc Company he was employed by, he would pay me—he said their offices were in St. Paul's-churchyard—I cannot state the name of the Company—he said he was to receive 13l. from the Company—on 21st February, a letter came by post for him; he opened it in my presence, and produced from it this post-office order (produced)—as soon as he opened it he said, "It is 13l. 1s. 6d., and I don't understand the 1s. 6d. to it—can you tell me?" I said, "No, I could not; he ought to know his business best as he had just come from the Company's offices;" he gave it in my charge, and he said "It is too late to get it changed, I will get it changed to-morrow;" he did not get it changed on the Wednesday—I named to him about getting it changed about a quarter to 4, and he said he did not feel very well; he would not go that day—on the Thursday night I spoke to him about it again and told him I wanted the money—he asked me to lend him 1s. on the order until he got it changed—I lent him 1s.—I asked him if he would get the order changed in the morning as I wanted the money—he said he would get it changed the first thing in the morning—on Friday morning, about 11 o'clock, he came to me and asked me for the order—I gave it him and he started to go for the money—he returned about 12, and he said, "I have been for the money and I have not got it,' for I asked for it in the Company's name, and they told me it was not in the Company's name; that it was in the Secretary of the Company's name"—and he said he did not know the Secretary's Christian name, he would have to go to the city to find that out—he promised me he would return about 2, on Friday—he never appeared till about 10 o'clock at night—as soon as I saw him, I asked him if he had got the money, if he had been to the city—and he said he had been to the city, and had met with an accident in grazing his leg, and he had got it covered with plaster, and he was very lamo—on Saturday morning he got up about 11 o'clock—he was lodging at my house—he said, "I am going up there now"—I understood him to mean to the post-office for the money—he came home about 7 that afternoon; and then I said to him, "Have you got the money?" he said, "No, I have not; I have been down to my home, and from the accident I met with the day before, I felt so cold because I had to leave my stockings behind"—I said if I had known he was going to serve me in the way he had served me, I would have seen him and his, somewhere else—he then put his hand in his pocket, took out the order, and said, "If you think I have not got the money here is the order;" and I said, "I will go and see if I can get the money"—he said, "If you think I have got the money, do"—I told him I would go and see if I could get the money myself—I asked him to sign his name to this—he said he would not sign his name to it—he gave me the order to go and get the money—he refused to sign his name, and I then asked him to give
me the man's name that sent him the money, and he wrote me this piece of paper out to go and get the money—he wrote the name of Gant—I took the order with this direct to the post-office in Park-street, Grosvenor-square—they refused payment; they said it was a forgery—it was on Saturday night I went to the post-office—it was open, but not for business—when I returned home the prisoner was not there—he was fetched in a cab by a brother of mine about 10 o'clock—I told him that the order was not right, and accused him of stealing my watch—at the same time he asked me to forgive him, and I told him I would not—I cannot say whether or not I told him what I had heard at the post-office—I cannot say now what the words were that I first said to him—I gave him into custody.
Cross-examined by MR. W. J. ABRAM. Q. How long have you known the prisoner? A. About four months—I knew him by his coming to my house with another young man—he is a singer—he used to sing at my house—I never paid him anything for that—when he first came he did not board at my house—he did not sing every night; it was quite by chance the first part of the time; during the latter part he did live at the house; but I did not pay him in any way—I did not charge him for his refreshments, because it appeared he had not got money to pay for them—I intended to charge him—I never made any bill out—the understanding was that he was to be charged—he promised to pay them as soon as he received his 13l.—I am positive that he owed me 3l. odd at the time that he produced this order—he had not paid me anything before that, except what he chose to call for—he had not paid me any bill—he did not go upon trust till a few days before 16th February—I can't say how much he had paid me—he paid for what he called for up to 16th February—the 3l. 16s. was for refreshments after that time and for a supper that he had ✗s a treat to his friends before he went to Spain—he was going to Spain as a zinc worker—I only know that by what he told me—I was present at the supper—I have heard him speak of a Company with a similar name to that of the Veille Montaigne Company, but whether that was the name or not I cannot say—I do not know that he was connected with any such Company except from what he told me—I am sure he said that it was in St. Paul's-churchyard—I do not know a person of the name of Gant—this letter came by the post and I gave it to the prisoner when he came in the evening—he opened it in my presence and I saw it contained this order—he gave it me to take charge of at first, not in payment for anything—I really cannot recollect what passed after I returned from the post-office after presenting the order—I know he asked to be forgiven, but whether that was for the watch or for the order I can't say—I charged him with the order—I did not charge him about the watch that night—he asked me for the order on the Friday morning to go and get it changed, and he gave it back to me again on Friday night—I did not take it out of his hand—he pulled it out of his pocket and gave it to me.
GEORGE FREDERICK APPLETON (Policeman, 26 C). I took the prisoner into custody on Saturday night, 25th February at 11 o'clock—I told him he was given in charge for having obtained money under false pretences, and likewise for stealing a watch—he said, "I know nothing at all about the post-office order, but I know I had the watch"—I took him to the station, searched him, and found several letters in his possession—he was not charged with the post-office order there, but he was charged with obtaining 1s. by false pretences—by means of the forged order—he said at the police-court, "You cannot prove that I put the figures 13 to the post-office order"—that was before the investigation took place before the Magistrate—I asked him if there was such a company in St. Paul's-churchyard as the
Veille Montaigne Company—he said no; there was no such Company—I have since been there, and there is no such Company there—he said be hoped Mr. Mitchell would forgive him, because his aunts would pay the money.
HENRY JEMMETT SHEPHERD . I am a clerk in the money-order office St. Martin's-le-grand—I made out this order for the sum of 1s. 6d., the 13 has been added since—I cannot swear to the prisoner, but I recognised him among several others at the Clerkenwell House of Detention—I believed him to be the person who obtained the order at the post-office, but I cannot swear to him—I have here the letter of advice sent to the postmaster; it is for the payment of 1s. 6d.
Cross-examined. Q. Is this order payable as it is now? A. No; the post-office would not pay without the signature; besides, it is an altered order—it is not in a state to be paid if it was a genuine one, because there is no signature to it—it would not be paid till it was signed—it is signed by the person who receives the money, and he could not receive it unless he gave the correct name of the remitter—if he gave the correct name, and signed it properly, the post-master would give him the money—there is do post-office order issued over 5l.
COURT Q. The person ought to have signed the name of Charles Fox in order to get the money? A. Yes; and he would give the name of Samuel Gant as the adviser—the post-master would then have paid him 1s. 6d.
MR. ABRAM submitted that the instrument in question was neither a warrant or order, but a mere useless piece of paper; according to the evidence there was no such thing as a post-office order for 13s.; any order above 5s. was a nullity, and the forgery of it would be no ofence; he further submitted that the instrument was incomplete, not having been signed, and therefore not in a state by which any fraud could be committed. MR. JUSTICE WILLIAMS was of opinion that the instrument was correctly described as a warrant; it had been held that it might be shewn by parol evidence that a document was a warrant for the payment of money, although upon the face of it, it did not appear to be so; it had certainly been shewn in the present case that the practice was not to issue an order above the amount of 5s.; still, an order beyond that amount would be a warrant for the payment of money, although it might not be an efficacious one; in the same way as an order for Ihe payment of a million of money would be an order, though one not likely to be paid.
GUILTY of uttering. — Confined One Year.
MESSRS. SLEIGH and POLAMD conducted the Prosecution.
EDWIN STONE CROZIER . I am clerk to Messrs. Smith, Payne, and Smith, the bankers—the Bank of Australasia has an account at our house—od 10th December last this bill for 40l. was produced to me by Robarts and Co., and paid by me through the clearing house—(The bill was dated Sandhurst, 19th August,1859, drawn by T. R. Ronald on the Bank of Australasia, Threadneedle-street, London, at thirty days after sight, payable to the order of Richard J. H. Read; endoned "For me, to A. B. Seymour. Richard J. H. Read." It also bore the endorsements of "Augustus R. Seymour" "Spielman and Co." "J. Rees and Co" and "Robarts and Co.")—those endorsements were all upon the bill when it was paid.
November last I was clerk to Messrs. Adam Spielraan, and Co. money dealers and bankers in Lombard-street—we received this 40l. bill from Messrs. Jonas Rees and Co. our correspondents at Liverpool, enclosed in a letter—it was paid in by us to Robarts and Co. as far as I can remember—it was then in the same state that it is now, with the exception of Mr. Spielman's endorsement.
JONAS REES . I am a member of the firm of Jonas Rees and Co. bankers and bullion dealers at Liverpool—early in November last, about the 5th or 6th, the prisoner came to our house with this 40l. bill—he wanted it discounted, but at that time he had not had it accepted by the Bank of Australasia; and I refused to take it—on the 9th he came with the bill accepted by the Bank of Australasia, and a letter from the bank stating that any bank in Liverpool would give him cash for it—he said, "You see this bill is quite right, quite in order; you had no occasion to be afraid that it was wrong—at first I had suspicions, but that day I thought it was all right—I looked among the names of the passengers of the Royal Charter—I did not find the name of Read; and I discounted the bill—I looked at the passenger list of the Royal Charter, because I knew that vessel had been wrecked, and the bill was spotted and discoloured with salt water, or something; and if the name of Read had been in the list of the wrecked passengers would not have taken the bill—I looked, and could not see it—the name of Read was not there—the prisoner asked me to discount the bill—seeing that the endorsement was wrongly worded, I was afraid something might occur at the time of payment, and I said I would give him 5l. on account and pay him the rest when it was due—I allude to the first endorsement, "for me, to A. B. Seymour"—it is often paid in that way, but some might object to it—I gave the prisoner 5l. and he endorsed the bill—I do not know whether he endorsed it then, or whether he wrote his name on a piece of paper so that I might see it was his right signature—the first time he brought the bill it was not endorsed by him; it purported to be endorsed by Mr. Read the first time—I asked the prisoner the first day how he got the bill, and he said he got it from a man who bought a watch of him for 20l. odd, and he gave him the balance of the money out—he said it was a man of the name of Read—he could not describe to me how he looked—he said it was the man who had endorsed his name—I am sure he said that it was the man who bought the watch of him that endorsed the bill.
Prisoner. Q. When I came to you the first time did not you offer to send the bill to London for me to get it accepted? A. No; I do not recollect doing so; that is often done, but I did not do it in this case—I said I could not take it until it was accepted—you came to me a third time on 14th December, when the bill was paid—I did not tell you that though the bill was paid, I was responsible for twelve months in case anything was wrong, and that I must have another 5l. for the risk—I paid you 34l. Prisoner. You only gave me 26l.; I never had any more. Witness. I gave you 34l. the third time you came—I only got 1l. by the transaction.
JOHN THOMAS PAYNE . I am a clerk in the Bank of Australasia, in Threadneedle street—we have a branch at Sandhurst in Australia—on 7th November last this 40l. bill was received by us in this letter—(Read: "Liverpool, 5th November, 1859. Sir,—Please to send me, by return, the amount of this bill in English notes, and direct the same to Morath* Brothers, Dale-street, Liverpool, clock manufacturers. Augustus Robert Seymour, watchmaker")—I accepted the bill and sent it to the address in Liverpool mentioned in that letter—being at thirty days' sight we did not
of course, cash it—we had received advice from our branch at Sandhurst—we received no advice in respect of any other bill of Mr. Read's, except that 40l. one—I have the advice with me.
THOMAS NANKEVILLE . I reside at St. Agnes, Cornwall—I have lately returned from Australia—I knew a person there of the name of Richard James Hawk Read—I know his father quite well; his name is John Read—he formerly lived at Helston—in August last I was at Sandhurst—I saw Richard Read there—I was with him at the bank of Australasia the day previous to his leaving—he got some bills there—I saw him enter a receipt of money previously paid—I can't be positive what the amount of the bill was—he left Sandhurst next morning, and sailed in the Royal Charter—I received a letter from him the same day stating that he was going on board, and that he had engaged a passage in the second cabin—the bill he received at Sandhurst was like the one produced—I came home in the Swiftsure, one of Green's ships, which followed the Royal Charter.
SAMUEL GRENFELL . I live at St. Ives, in Cornwall—I was in Australia, and sailed in the Royal Charter in company with the deceased Mr. Read—the vessel was wrecked on the coast of Anglesea—I was one of those providentially saved—poor Read was drowned—I lost nearly everything—I came on shore nearly naked—I was on the poop deck and Read was alongside of me just before I was washed overboard—I had the knob of the cabin door in my hand when the vessel broke in two—I believe the mail-bags and a quantity of property was washed ashore—the Read I knew was the only Mr. Read on board.
JONAS REES (re-examined). I did not say anything to the prisoner about having observed the salt water on the bill, I thought to myself that I should not like to cash it as it looked as if it had been in the salt water, but I did not say anything to the prisoner about it.
ROBERT CHARLES HANLAN . I am a member of the firm of Firmin and Co. Merchants, of Alderman's-walk, Bishopsgate-street—on 27th December, from directions I received, I wrote a letter to a person of the name of Augustus Robert Seymour, of Beaumaris—it was posted—I did not receive an answer, and wrote a second letter—that was directed to the care of Messrs. Morath and Co. Liverpool—after some delay, I received an answer from Beaumaris—that letter contained a letter for Mr. Read, Senior—this is the letter and the enclosure (produced)—I got the address to write to Seymour at the Bank of Australasia.
MR. BASE. I am clerk to Messrs. Mullens, solicitors for this prosecution—I served a notice on the prisoner in Newgate on Saturday last, of which this is a copy. (This was a notice to produce the letters addressed to him by Mr. Finnin).
ROBERT CHARLES HANLAN (re-examined.) I gave copies of those letters to Mr. Mullens—these are them—(Read; "27th December, Sir. Mr. R. J. Read, passenger on board the Royal Charter, drew on the bank of Australasia, London, for 40l. and it appears to have been sent by you for acceptauce. We are requested by the father of Mr. R. J. Read to request the favour of your informing us, by return of post, the nature of your transactions with his son, and how you became possessed of the bill in question."—Not getting any answer to that letter, I wrote a second, stating that if I did not get a reply by return of post, I should feel it imperative to apply to the bank of Australasia to stop the payment of the draft—that was two or three days after the former letters—I did not know at that time that the bill had been paid—I understood it was at sixty days' sight—this is the reply I received
to the second letter—(Read: "2d January, Beaumaris—Sir, In reply to your first and second letters, you are requested to forward the enclosed letters, as I soon as convenient, to the inquiring father, Mr. Read, senior. Yours, &c. A. R. Seymour."—"2d January, Beaumaris. To Mr. Read, senior—Sir, It seems there shall be some bother about a bill drawn by your son and taken by me on 31st October in payment for a gold watch and chain. The amount was 22l. and I gave 18l. change out. The bearer was a gentlemanly looking seaman, and I of course had no idea to be a loser of time and money, but as I on my coming to Liverpool was changing my bill, I was sadly disappointed, for after a great deal of trouble and loss of money, and waiting for five weeks for my money, I at last obtained payment of part of my property through Mr. Rees, 12, Lord-street, who I was obliged to pay enormously for his kindness. I was once a dupe, but no more; therefore, if you have any request or inquiry to make, write directly, for I am tired of the interference of merchants, esquires, and bankers. Yours &c. A. R. Seymour."
JOHN READ . I am a mining agent, and reside near Helston in Cornwall—I had a son named Richard James Hawk Read—he was in Australia—he was drowned in the Royal Charter—the endorsement "Richard J. H. Read" to this bill of exchange is not my son's writing, nor is it anything like it.
WILLIAM RATTEGAN . I am office keeper at the Police-court, Worship-street—my father was formerly superintendent of police at Prestigne, in Radnorshire—I lived there, and knew the prisoner there for eighteen months or two years—he was living at Prestigne—his name is Augastus Robert Zimer—I have seen him write a dozen times or more—I know his writing—I believe the endorsement on this bill "For me, to A. R. Seymour, Richard J. H. Read" to be his writing—I have not the least doubt of it—these three letters aud the envelopes are also in the prisoner's writing.
Prisoner. Q. Your father brought two charges against me at Prestigne, and tried everything in his power to get me convicted of felony. A. He did bring two charges against you; you were acquitted on both occasions—I do not recollect my father insulting you while you were with the church-wardens after your second acquital, and the churchwarden telling my father that before two months were over, he would turn him from his office—my father was not dismissed from his office—he did not leave the town in disgrace and debt.
MR. POLAND. Q. I believe your father was appointed by the Secretary of State office-keeper at Worship-street police-court. A. Yes; he then removed from Prestigne—when my father died, I was appointed in his place.
JOSEPH VAUGHAN . I am a cabinet maker at Prestigue—I have known the prisoner nearly two years by the name of Augustus Robert Zimer—he was a tenant of mine—he carried on the business of a clock and watch maker—at first he paid a guinea a month—I then reduced his rent to half-a-crown a-week on account of his being taken into custody—he was in reduced circumstances—that was about June last year—his family left Prestigne in December, and he left on 11th December—he had left previously about September or October, leaving his family behind—he returned again about the beginning of November, and then left again—he owed me some rent when he returned in November—I can't say exactly how much—I think he owed me from 25th June till November—I did not see him for some time after he returned—he called and paid my daughter a sovereign on account, but I was not at home—the prisoner had no new stock of clocks or watches, he only repaired them—he had some old ones—I don't know how
many—there were different samples—as much as a country dealer generally has—I have seen the prisoner write sometimes—the writing on this bill "For me, to A. R. Seymour, Richard J. H Read" is his—I have no doubt of it—these three letters are also his.
Prisoner. Q. Did my wife pay you for the windows that were broken in the shop and bake-house? A. No; I told you that you had spoiled a watch for me—I was told by a watch-maker that it would cost 26s. to get it repaired.
Prisoner. I suppose you will make me pay for it this day?
Witness. I only say what is the truth.
EDWARD FUNNELL . I am a detective officer in the City-police—on 24th February last I went to the prisoner's house at Beaumaris—he had a little parlour, or shop you may term it—they lived in the same room—there were about six watches there; they appeared to me to be there for repair, and two new clocks—the prisoner was not in when I went—I sent for him, and he came—I told him I had come down from London from the bankers, to make inquiries about these letters—he said, "Yes, I know"—I said, "Who was it that you had this transaction with?"—he said, "A respectable seafaring man, dressed like the mate of a ship"—I said, "What did you sell him?"—he said, "A gold watch and chain for 22l. which I made a clear 10l. by, and I also gave him 18l. in money"—I said, "In what way"—he said, "In gold"—I said, "You must be a very foolish man, I think, to sell your things in this way to a person you never saw before nor since"—he then said he thought it was a bank note at that time—I don't think he said "at first"—I was examined before the Magistrate—perhaps he did say he thought at first it was a bank note, I could not positively say—I said, "Do you keep any books?"—he said, "Yes"—I said, "Will you shew me the entry"—he said, "Yes," and he showed me this book—(produced) he said, "There, that is the entry of the transaction"—this is it (Read:) "31st October, gold patent lever watch and chain, 22l. Read—foreign note of exchange, No. 2710 2710 2710"—I can scarcely read it, it is not in very good English—I read the entry and saw that the No. 2710 was repeated three times, and I asked him what those numbers were—he said, "The number of the three bills"—I said, "Just now you told me you thought it was a Bank of England note"—he said, "Yes, but I have since ascertained they were bills of exchange"—I then asked him if he was not at Liverpool on 5th November—he said yes, he was, and he went to Mr. Rees, of No. 12, Lord-street—I said, "And did he discount this bill for you?"—he said, "He let me have 5l. in advance, aud stopped 9l. for his trouble"—I then took the bill out of my pocket, and asked him if that was the bill—he said, "Yes; that is the bill"—I said, "Now, if there is any writing of yours on the back of this bill, show me which it is"—he pointed to the back of the bill, and said, "I wrote that," the three words "Augustus Robert Seymour"—he said, "Mr. Rees wrote the other," meaning Mr. Rees' own name at the back—I then asked him who wrote the first endorsement there, and pointed to it—he said, "The man who I had the transaction with; he wrote it on the bench, with my pen and ink"—I asked him who was present—he said only the man and himself—I had asked him before who the man was, and he said a man that he had never seen before or since—I took possession of the book with the entry in it—he said, "Don't take my book away, tear the page out"—I said, "No, I must take the book"—I then left—afterwards, on 17th March, I took the prisoner into custody; he would not go, and made a desperate struggle—I was obliged to get the assistance of another officer
—he did not speak in English—it was in his own shop; his wife was there, and there was a great to-do.
Prisoner. Q. Was I informed of your coming the day before you came? A. think you were; you said you had heard I had been about last night—you had a letter prepared for me—the day I came to take you into custody, you gave me a letter—I don't think I have it here—it was merely requesting me to return the book—it also stated that you had heard I was making further inquiries about you at Beaumaris, and begged me to leave off, or it would ruin your trade—you entreated me to take you before the Magistrate at Beaumaris.
RICHARD MULLENS . I am the solicitor conducting this prosecution—I have examined the book produced—it is partly in German and partly in English—it purports to contain the prisoner's receipts and payments for several months prior to 31st October—it begins on 25th August—a great part is in pencil and rubbed out—he has balanced the book on the day before 31st October—it appears that up to that day, he had received 1l. 17s. 8d. and paid 1l. 15s. 8d. so that there was a balance of 2s. in his favour on that day—he enters his receipts and payments regularly on each of the book, and he has made a casting on Sunday, 30th October, which shows that to be the state of the account—the receipts are for things in his trade, "a clock, 2s. 6d" "an accordian," and so on; and the other side are his expenses for lodging and living—there is no casting after 30th October—the entries go on to 5th November—the time of his going to Liverpool.
The prisoner put in a written defence, stating that he received the bill in question on 31st October, from a person from thirty-four to thirty-six years of age, dressed like a first mate of a ship, of very prepossessing manners, in payment of a gold watch and chain which he sold him for 22l.; that he asked him to endorse the bill, which he did, left the shop, and he had never seen him since. The prisoner also entered at some length into the nature of his transaction with Mr. Rees, who discounted the bill: and as to the evidence of his handwriting, he asserted it was given by witnesses who entertained feelings of animosity against him.
GUILTY .— Confined Fifteen Months.
NEW COURT. Wednesday, April 4th, 1860.
PRESENT.—MR. BARON CHANNELL; Mr. Ald. MECHI; and Mr. Ald. CONDER. Before Mr. Baron Channel and the Fifth Jury.
MR. SLEIGH conducted the Prosecution.
WILLIAM HANDS . I reside at Croyland in Lincolnshire, about a mile and a quarter from Mr. Stapley's farm—I know Chesterfield, he is a butcher there—his slaughter-house is close to my place—the place where this meat was dressed adjoins my premises—on 23d December I saw a cow being conveyed to that place—I saw the cow taken in there—I saw persons dressing that cow—Chesterfield was one of those persons—Stapley was not there while I was there—I saw the hide taken off the cow—the cow appeared in a very bad state of health, and the stench that arose from the carcase was dreadful indeed—I, of course, have seen cattle slaughtered before—when they
were taking the skin off this animal the veins between the skin and the carcase were full of gorged blood and putrid matter—the putrid matter ran out of the carcase—in my judgment that animal was not fit for food for man or beast—it was not fit for a dog—I know Chesterfield very well—I believe he was in good health that day—I did not see any difference in him—either the next day or the day following he was taken ill—I did not remain there during the whole time—in consequence of what I saw I made a cominnnication to the authorities in London.
Cross-examined by MR. SERJEANT PARRY (for Stapley). Q. What are you by trade? A. A hair-dresser—it was about a quarter before 9 o'clock when I saw this—they were taking the skin off when I saw them—I saw them take it into the yard, and I followed to see what was done—a man of the name of Johnson was taking it in—he was examined before the Lord Mayor or Alderman.
Cross-examined by MR. TINDAL ATKINSON (for Chesterfield). Q. Is it your habit to follow cattle to the slaughter-house? A. No—I keep a shop—I had not any one to assist me—my shop was left to take care of itself when I followed this animal, but I had not many yards to go—I have not had much experience in killing cows nor in dressing dead animals—Mr. Chesterfield was ill—I did not visit him—I have bought meat of him—I believe I owe him 5s. 2 1/2 d., and I am ready to pay him now—I know he was out of health by his appearance.
MR. SLEIGH. Q. Was he not afterwards confined to his bed? A. Yes—about three weeks afterwards—I have no animosity against either of these persons.
WILLIAM PEPPER . I am a labourer living at Croyland—on 24th December I was driving a van—I assisted Chesterfield in putting pieces of dead meat into a hamper—I put a ticket on the hamper like this (looking at one)—whether it was this ticket on not I can't say—Chesterfield gave me the ticket—he told me to put it in my pocket till I got to Mr. Stapley's; and I put it in my pocket—Chesterfield told me if Mr. Stapley was not at home, I was to take the hamper to the Peterborough railway-station—he did not give me any money to pay the carriage, Mr. Stapley did—after taking the hamper to the railway-station I gave it to George Percival—I did not see Mr. Stapley again till he paid me the money for the railway-carriage—he paid me that a few days afterwards, 6s. 9d.—he said to me, "You won't know anything more about the meat"—I said, "No; I don't know anything more about it, and I don't want."
Cross-examined by SERJEANT PARRY. Q. When was it Stapley paid you? A. I don't know whether it was three or four days, or it might be a week afterwards—the expression he made use of to me was, "You won't know anything about it."
Cross-examined by MR. TINDAL ATKINSON. Q. When Chesterfield told you to go Stapley did he give you a paper? A. He gave me a ticket—he told me I was to see Stapley, and if he were not at home I was to go to the station—I did not go back to tell Chesterfield that Stapley was not at home, I went on to the station.
MR. SLEIGH. Q. Were not the words Stapley used, that if anything was said about the meat you were to say you did not know anything about it? A. Yes.
WILLIAM JOHNSON . I reside near Mr. Stapley—I am in his employ—on 23d December I conveyed a dead cow from my master's farm—he told me to take it to the butcher, Mr. Chesterfield, to make the best of it—I did so
—I assisted Mr. Chosterfield and other men to skin it—I believe it was fit for human food—there was an offensive smell when it was opened—I have been accustomed to see animals slaughtered—the smell of this animal was not like the smell of animals I have seen slaughtered—not exactly—I could not describe the smell—I saw Mr. Stapley about 10 minutes after it was dressed—I did not tell him anything about it—he and the butcher talked that over—I heard him tell Mr. Chesterfield that if it was fit to send he was I to send it to London, and if not it was to return home to our premises.
Q. What caused the conversation about its being fit or unfit for human food? A. The words I believe that passed were that they believed it was not in a very good state, but they should know in the morning if it was fit—I believe they both said that—I am sure I could not tell who first said it was not in a very good state—it was most likely said by the butcher—it was in the slaughter-house—at the time they were talking, the stench was not so great that I was holding my fingers to my nose—there were no people there complaining of the stench—the slaughter-house was not in an offensive state from that altogether—there was a sow and pigs there—it was enough to make a slaughter-house in a bad state—this was not putrid meat—there was a smell from the meat when it was opened—Mr. Staplee told Mr. Chesterfield that if it was fit to send he might send it; if not, to return it I—it was to be sent to the meat-market—he did not say any place—Mr. Chesterfield said he had got a meat salesman to send it to, and he would send it if it was fit—he did not say where, he said to London.
Cross-examined by SERJEANT PARRY. Q. Had this cow been perfectly well on the day before you found her dead? A. Yes—perfectly well as far as I could judge, as far as I could observe—I saw nothing the matter—she eat her food—she was milked the night before—I believe the milk-maid is here—the cow was milked about 5 o'clock—I could not tell to half an hour—the milk was used on the farm and made into butter—I had some of the butter—I always have butter from the house every week—I and my family had some of that butter, and eat it—I found this cow in the morning with her head between a post and a water-butt—it was about 7 o'clock in the morning—she was down on the ground—she was warm when I found her and when we got her skin off too—I went to my master to know if I should cut her throat, and he told me to do so—the blood flowed well as from a healthy animal—I took the cow to Mr. Chesterfield—I did not observe any smell about her as I took her—I took her in a cart—I saw the skin of the cow cut—there was no putrid matter flowing from it that I saw—I was present when Hands was—my master came after the cow was dressed and hung up—Mr. Chesterfield said she did not seem quite right, but he should know in the morning—it was upon that my master said, if she was fit in the morning to send to a salesman, to do it; and if not to return it—I have two masters—Mr. Staplee is my master since he came into the farm—he is about nineteen years old—I have known him about three years and a half—I have never known him to do anything improper—this cow was a part of the common stock of the farm—it was worth about 12l.—after the conversation between my master and Mr. Chesterfield as to if she was right to send her up, and if not to return her home, my master never saw the cow or had anything more to do with it.
Cross-examined by MR. TINDAL ATKINSON. Q. When meat has to be dressed, is it the butcher's province to dress it? A. Yes; it is a general thing to take it to the butcher, and if it is fit they send it—Mr.
Chesterfield is a respectable man in his business—he supplies the persons about there with meat; as good meat as any in the country—I buy of him—I never heard any complaint against him.
COURT to WILLIAM PEPPER. Q. You took this hamper to the Peterborough station? A. Yes; on the 24th—it must have been about 1 o'clock when I got there.
JURY to WILLIAM JOHNSON. Q. In your judgment, was this cow fit for human food? A. I believe it was—I would not have minded eating it at the time it was dressed.
Q. In dressing a cow do you take the entrails away in a body? A. I do not know—an effluvia may arise from dressing a cow, and yet leave the meat pure.
JOHN HULL . I am a journeyman butcher and slaughterer—I have slaughtered cows in my time—on 23d December, I was assisting in dressing a cow by Mr. Chesterfield—Johnson was there too—I assisted to dress that cow—it had an inflammation—when I was dressing it, it was very black on the back, which an inflammation causes—on the skin being removed, the animal appeared diseased—of course the smell was not the usual smell of cattle slaughtered—I proceeded to disembowel it—I dressed it for dogs' meat, not for human food—I did not think it was fit for human food—on opening the body and taking out the entrails my first opinion was confirmed—it was still my opinion that it was not fit for human food, of course it was—Mr. Chesterfield was there part of the time while it was dressing—when he came in be assisted in dressing it—after I came out of the yard I saw Mr. Stapley in the street—when I was about an hundred yards from the slaughter-house he said, "Slaughterer, what do you think of it?"—I said, "It is in a very bad state, not fit for human food"—he said in reply, "Let it go"—I said, "It is not fit for human food, don't send it; if you do you will hear something more about it"—in reply to that he said, "Never mind, let it go"—Mr. Chesterfield, my master, paid me 2s. for the assistance I gave.
Cross-examined by MR. SERJEANT PARRY. Q. Were you examined before the Magistrate, or is this the first time? A. Of course it is—I told Mr. Stapley the cow was utterly unfit for human food—I told him there was a great deal of inflammation all over it—of course, I mean that when I told him it was utterly unfit for human food that he said, "Let it go"—I warned him that if he let the meat go, bad consequences would follow—of course I did—this was in the open street, about an hundred yards from the slaughter-house—Mr. Stapley's man came up soon afterwards, but he did not hear it—I told Mr. Stapley that this was a thoroughly diseased cow, unfit for human food, and he said, "Let it go"—I was originally summoned on this charge myself—I did not come up to meet it, of course—I had not the means or I should willingly have come, but I had not a shilling to come with—Mr. Arthur the constable has now brought me up as a witness.
Cross-examined by MR. TINDAL ATKINSON. Q. You have been in the habit of assisting Mr. Chesterfield? A. Yes; he generally slaughters good meat—I never knew an instance to the contrary before—he is a respectable man, supplying persons with good meat—the butcher's is the place where they send animals to be dressed.
GEORGE PERCIVAL . I am railway clerk at the Peterborough station—on 24th December Pepper brought me a hamper—this is the label that was on it—it way despatched to Louden by the special train that day.
Newgate market, on the morning after Christmas day, about midnight, I received a hamper of meat directed to Mr. Taylor-I never saw the hamper of meat nor the label—I only checked it off—this is the sheet in which I made the entry at the time—these goods were called over to me and I ticked them off.
GEORGE REED . On 26th December, I took from the Great Northern Railway Company to Newgate-market a hamper for Mr. Taylor—I believe I did—it was my duty to pitch it—Mr. Hurst was not these when I came back with the truck—I had told him of it and it was his duty to check it off—I took what I had to Mr. Taylor—I never deliver anything in Newgate-market but meat and poultry.
COURT. Q. This was at 20 minutes past 12; was that at night? A. Yes; on the morning of the 26th.
WILLIAM MATTHEW EDWARD TAYLOR . I am a meat salesman in Newgate-market—I did not know Chesterfield prior to this transaction—I never saw him till he was up here—I have had many transactions with him—he has sent meat to my market—on 26th December, about 6 o'clock in the morning, I received, from the Great Northern Railway, a hamper with this label on it in the name of George Stapley, butcher, Croyland—I never had any transactions with such a person—I found the hamper contained three quarters and half a quarter of beef, about 500lbs. with the hamper—on opening the hamper, I saw that it was not a saleable article, and I condemned it as unfit for human food—I reported this to the authorities of the market—the meat was destroyed on the following morning—it was in a very bad state—on 26th February, I received this letter, which I purports to be signed by George Chesterfield.
Cross-examined by MR. SERJEANT PARRY. Q. This was so bad that the moment you opened the hamper you detected it? A. Yes; it has frequently happened in the course of my business that hampers come to me that I am obliged to condemn—this was on 26th December, about 6 o'clock in the morning—I have heard that this was dressed on the 23d—it frequently happens that meat fit to sell in the country becomes unfit to sell when it arrives—we have to condemn meat of the finest quality when killed, because it becomes unfit for human food on the journey up to town—a cow killed on the 23d might be healthy, and yet be unfit for food when it arrived—that occurs frequently, not only to a young man but to persons well experienced.
Cross-examined by MR. TINDAL ATKINSON. Q. I suppose you exercise great vigilance? A. Yes, if I am there, and if not the persons there will do it for me—I have had some transactions with Chesterfield before and since this—his consignments have always been of the best quality; this is the only case to the contrary that I know of and I detected it immediately—I am one of Chesterfield's bail.
MR. SLEIGH. Q. Has he on former occasions sent meat to you in the name of George Stapley? A. No, never—it would depend on the state of the atmosphere whether meat would become unfit for food on the journey—it was very close at that time—meat slaughtered on the 24th, and arriving on the 26th, if it were in a healthy state when it was killed, would not present the appearance that this meat did.
COURT. Q. Have you had much experience in meat? A. Yes—supposing this meat not to be in a sound state when killed, by its being packed on the 24th and remaining till the 26th it would get woise—meat quite sound on the 23d or 24th, would not have that appearance on the 26th.
JOHN BENJAMIN KENTISH . I am beadle of Newgate-market—I am not appointed inspector—I have had great experience in meat—I have been there twenty-seven years—on the morning of 26th December, I was sent for by Mr. Taylor, and I went and inspected some meat—it was all in the hamper; it had not been unpacked—in my judgment, that meat was decidedly bad, very bad—my opinion was that it was diseased meat, not meat that had become perished in the hamper—very frequently we have meat in the hampers for several days—in my judgment the appearance of this meat had nothing to do with the transit—it was not at all fit for human food.
JURY. Q. When it died was it fit for human food? A. Judging from the state I saw it in, it could not have been fit for human food when it was slaughtered.
GEORGE RUSSELL (City-policeman). I was formerly a butcher—I weut to Newgate-market on 26th December and inspected this meat—in my judgment it was in as bad a state as it could possibly be—it was putrid—that animal having died on the 23d I think could not have been in a fit state for human food at the time of death—the state of that meat could not have been ascribable to any damage in its conveyance to town—not at all.
CHARLES FISHER . I am inspector of meat to the City of London—I have occupied that position eleven years—I inspected this meat; it was totally unfit for human food—I condemned it as such, and destroyed it—I have no doubt, from the appearance of the meat, that it died from disease—I don't think the conveyance to town, or the packing in the hamper, had any effect upon it.
COURT Q. Would the conveyance to town in a hamper have more effect on meat that was unsound, than on meat that was sound? A. That would depend on the state of the weather—this flesh had every indication of the animal having been in a very bad state.
MR. SLEIGH. Q. The animal having died on the 23d must have presented the appearance, to an experienced eye, of being diseased? A. I have not a doubt of it.
Cross-examined by MR. SERJEANT PARRY. Q. Can you detect by your own practical and experienced eye, in the carcase of a beast after it has been dressed, the presence of disease? A. It depends on what disease—I don't think this animal being choked would have produced that appearance—I have heard that when the skin was removed the veins were gorged with blood-that would be the effect if it had been strangled—I don't recollect that I have ever passed meat as good that was found afterwards not good—I have not to my knowledge passed a carcase, or part of one, as sound which has in a few hours afterwards turned out to be unsound—it is not utterly impossible that diseased meat might get into circulation—I do not inspect all—I am general inspector to the whole of the City—there is an inspector exclusively for Newgate-market, but he is ill—there is an inspector there every day to inspect all meat—I have not known instances where meat has passed the inspector and yet afterwards turned out to be tainted—there are diseases the symptoms of which do not show after death—an animal may be diseased and yet appear healthy—some of the best ox-meat is diseased slightly.
MR. SLEIGH. Q. Did you hear the witness describe that when the skin was taken from the flesh, filthy matter ran out? A. Yes—that was a symptom of disease.
Chesterfield—I think this label is in his handwriting—I think this letter is the same handwriting as the label—there is no butcher at Croyland of the name of George Stapley.
Cross-examined by MR. SERJEANT PARRY. Q. You live at Croyland? A. Yes—I know Mr. Stapley—I have known him about a year—his Christian name is Henry.
The following letter was here read, addressed to Mr. Taylor, Meat Salesman, Newgate Market:—Sir,—I have been informed that the beast I dressed for Mr. Stapley, aud sent to you by his order on 23d December, has been seized by the City police. I wish to know whether there is any truth in the assertion. I have been informed that Mr. Stapley intends trying to get out of it by saying that he did not authorise me to send it to London, which is very false; but I have not seen him myself since, but the van man informs me that he called upon Mr. Stapley for the railway charges at the time, which he paid at once, and asked the vanman if he thought there would be anything more said about it, and if there should be he must not know anything. Please to send me your opinion, if there is anything likely to take place. I myself wished him not to have it sent to London at the time. An answer by return of post will oblige, Yours respectfully, George Chesterfield—Croyland, Lincolnshire—February 25th, 1860.
STAPLEY— GUILTY .
CHESTERFIELD— GUILTY .
Confined Three Months each.
THIRD COURT.—Wednesday, April 4th, 1860.
PRESENT—Sir ROBERT WALTER GARDEN, Knt. Ald; Mr. Ald. LAWRENCE; Mr. Ald. MECHI; Mr. COMMON SERJEANT; and ROBERT MALCOLM KERR, Esq.
Before Mr. Common Serjeant and the Eighth Jury.
MR. ELLIS and MR. HENRY GIFFARD conducted the Prosecution.
SAMUEL DOBLE (Policeman, D 147). On Saturday, 25th February, about half-past 12 in the day, I was in Gloster-terrace with another constable in plain clothes, named Newsom—I heard a cry of "Stop thief!" and the prisoner and another man ran into my arms—just before the prisoner came up I saw him throw something into the area of 52, Gloster-terrace—I took Layton and gave him in Newsom's charge—I then went to Gloster-terraoe; and asked if they had found anything, and got these nine florins and two pieces of paper (produced) from the cook.
Cross-examined by MR. COOPER. Q. What was the charge against the other man, Layton? A. Picking pockets—I have not known him long—they both pleaded guilty at the police-court to picking the lady's pocket, but were committed for trial.
WILLIAM NEWSOM (Policeman, A 381.) I was with Doble, and took the prisoner—I searched him at the station and found on him a half-crown, a florin, a shilling, and three penny pieces, all good—as he came towards me I saw him move his right hand as if throwing something down the area.
Cross-examined. Q. How far was he from you when he threw it? A. Eighteen or twenty yards—the other man was close to me—I could tell whose hand it was and am quite positive.
ELIZABETH SMITH . I was cook at 52, Gloster-terrace—on 25th February, about half-past 12 in the day I went to the area door and picked up these seven coins wrapped in paper—these other two pieces of paper (produced) were lying at a little distance—I put them in the kitchen and afterwards gave them to the policeman—I had been in the area previously, and saw no florins there then.
WILLIAM WEBSTER . I am inspector of counterfeit coin to the Mint—these florins are all bad—here are four of 1858, two of which are from one mould, and five of 1859, all from one mould—I can see the formation of a florin on this piece of paper—bad coins are always wrapped up separately.
GUILTY .— Confined Fifteen Months.
MR. POLAND conducted the Prosecution.
JOHN STACK . I am potman at the Duke of York, Lower Searle's-place, St. Clement's—on Thursday night, March 22d, the prisoner was playing at skittles in the skittle-ground—I served him with refreshment, which came to 5d.—he gave me a shilling, which I put in my pocket and gave him 6 1/2 d. change, telling him that I would give him the other halfpenny in a few minutes—I had no other money there—I went to my mistress at the bar, and gave her the shilling about ten minutes afterwards—she found that it was bad—I had not lost sight of it—I went to the skittle-ground and told the prisoner that he had given me a bad shilling—he said that he had not—I told him he had—he said I was a liar—he put on his coat, sat down on a seat, and was fumbling in his pockets—I saw his hand under the seat and asked him what he was up to—he said, "Nothing; what do you want! give me that bad shilling, here is a good one"—I took the good shilling, but did not give him the bad one—I told him that I would lock him up—he attempted to run away, but I got hold of him at the door and saw him throw something from him—I picked it up—it was a bad shilling wrapped up in a bit of paper—a constable was sent for, and I gave him in charge with the two bad shillings.
Cross-examined by MR. PLATT. Q. Did you ever say a word about the wrapping up before to-day? A. Yes; at Bow-street—there was only the prisoner and another man playing in the skittle-ground—the other man is not here-I do not know whether any money passed between them—I was not there the whole of the time—people generally play for drink, not for money—I put the shilling into my pocket, because I sat down for about 10 minutes till I had another order to go to the bar—I swear that there was no other money in my pocket—I did not hear the prisoner and the other man betting, or I should not have allowed it—I was accused of it once by my master—I did not bet with them myself.
MR. POLAND. Q. Was it after you laid hold of him, and said you would take him up, that he threw away something? A. Yes; he had played one game at skittles, and was playing a second—I picked up the shilling which he threw away, bit it, and then gave it to the constable without the paper—I did not put that shilling into my pocket.
at the Duke of York, and saw the prisoner—there were several other persons in the ground—he was crossing the yard with Stack—they were struggling together, and I picked up a bad shilling in the yard and took it to the bar and gave it to Mrs. Wilson—I saw him throw something but cannot tell what—I saw some paper in his hand.
Cross-examined. Q. Do you mean you saw it drop, or actually thrown? A. I saw him throw something, and saw a small piece of white paper in his hand, about the size of this—the shilling was outside the skittle-ground, about 3 yards from him—there was no other man there—no one but the prisoner and the potman—I saw nobody playing at skittles with him—the shilling was loose when I picked it up.
MR. POLAND. Q. When he was in the act of throwing, did some person call out? A. Yes; "stop him"—I then heard something drop, looked about with the light, and picked up the shilling.
TAMAH SMITHSON WILSON . On Thursday night, 22d March, my potman brought me a shilling to the bar—I found it was bad and returned it to him directly—shortly afterwards the prisoner was given in custody, and Mr. Rouse gave me a bad shilling which I gave to my husband.
Cross-examined Q. Did it remain on the counter any time? A. Not more than a minute—I tried it in the detector, told him it was bad, and he said, "I will take it back directly."
WILLIAM RUSSELL (Policeman, F 67). I took the prisoner at the Duke of York, and received 2s. from the potman and 1s. from the landlord—I found on the prisoner a sixpence, a fourpenny-piece, and 2 1/2 d. all good.
Cross-examined. Q. Is not the paper used, usually silver paper? A. No; sometimes they use a piece of newspaper—of course the finer the better; but the fine paper always receives the impression of the coin more—this is the kind of paper which would take the impression of the coin.
GUILTY .— Confined Fifteen Months.
SAMUEL RENANT . I am an hotel keeper of 59, St. James-street—on 7th March about 10 o'clock in the morning I was standing in Great Tower-street—the prisoner stood by my side—I felt my watch chain move, looked down, saw my chain hanging down, and said to the prisoner, "You have taken my watch;" he said, "I have not"—I saw him pass his hand behind him with the watch in it—I attempted to take it from his hand—he dropped it behind him, and I saw it picked up—it was given to a policeman, and I gave the prisoner in charge.
Prisoner. This gentleman never caught hold of me; it was another gentleman; this gentleman said, "Which of them took it?" a boy said, "I took it;" he said, "Let the other boy go;" the policeman could not find him; the gentleman afterwards denied seeing me take the watch at all. Witness. Not a word of that is truth—I caught him myself, and saw his hand go from my pocket.
another person and given to me—there were two or three other boys abont, but the prisoner stood by my side—I saw the watch in his hand, and took hold of his collar.
GUILTY .*†— Confined Twelve Months.
350. HENRY WATTS (27), and TIMOTHY EATON, Breaking and entering the dwelling-house of John Adlington, and stealing 1 clock and 1 writing-desk, the property of the guardians of the poor of the Edmonton Union; Watts having been before convicted; to which
WATTS— PLEADED GUILTY .— Six Years' Penal Servitude. See also Fourth Court Thursday.
MR. BEETHAM conducted the Prosecution.
JOHN ADLINGTON . I am master of the Edmonton Union—on 30th December I went into the board-room and found one of the windows broken, the fastening undone, and the sash put up—I missed this clock (produced) which had been hanging up, and this small desk used by the chairman—the prisoners had been inmates of the house—Watts came in on 20th December and left on the 27th, the day after we kept Christmas day—Eaton came in on 29th November, and discharged himself with Watts on 27th December—I saw the clock safe on Wednesday, and this was on Thursday or Friday—I have seen the desk many times.
WILLIAM BIRD (Policeman, N 177). I took Eaton on 7th March and told him I should charge him with being concerned, with another prisoner named Watts who was in custody, in breaking into the Edmonton Union and stealing a clock and writing-desk—he said, "I thought as much, but I did not steal it; I am concerned in it; I persuaded Watts not to take the desk, but he thought there was some money in it, and took it: I told him I thought the job was not worth doing."
Eaton. Q. Did you ever see us in company? A. Yes; and you have been convicted together in 1857—I did not see you together at the time of the robbery, but I did the day before—I saw you together about a week or a fortnight before you were apprehended, which was in February, but you had been locked up three weeks for an assault before I apprehended you.
JAMES EDWARDS (Policeman, N 231). From information I received from Watts I went to Crossley's the pawnbroker's and found this clock—I then went to Mr. Shelver's, a broker, at Holloway, and found this writing-desk.
Eaton being called on for his defence, stated that he wished Watts to be examined on his behalf.
HENRY WATTS . I have pleaded guilty to this charge; Eaton was not in my company when the robbery was committed; I do not know where he was living at that time; I did not see him till two days after the robbery.
Cross-examined. Q. Do you know Edwards, the policeman? A. Yes; I did not give him some information respecting Eaton, that I am aware of; he told me that he was in the House of Correction twenty-one days, for an assault; I did not give either of these things to Eaton; he did not go with me when I pledged them.
EATON— NOT GUILTY .
FOURTH COURT.—Wednesday, April 4th, 1860.
PRESENT—Mr. Ald. GABRIEL; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq. and tlie Second Jury.
MR. BEETHAM conducted the Protecution.
JAMES DREW . I am a rag-merchant, residing at Tottenham—on 27th March last, Tuesday, I was at the White Horse public-house—I don't know the time exactly—it was evening—it might be 7 or 8 o'clock—I had offered man some money for a donkey—I offered several different prices—I went up to a sovereign—the prisoner was present—he stood just by me, and he said, "Shew him the money, Jemmy, and theu he will take it"—I pulled out a sovereign and two halves—I was going to show the man the money, and the prisoner grabbed his hand over mine and took the two half-sovereigns—the sovereign I stuck to—I tried to hold my money, but could not—I asked him several times to give me the money, and he seemed to laugh at me—I knew what I was doing—I had not touched any beer till quite the afternoon—I took a little between 3 and 4 o'clock—I was not drunk—the prisoner is the man.
Cross-examined by MR. BEST. Q. You are no scholar, and a ragman; that is your trade? A. Yes—I drink a pretty good' lot—I know a man of the name of Heebs—Heebs was drinking with us that evening—there was another man there, but I don't know his name—we began at the Bell at Edmonton, between 3 and 4 o'clock—I don't know how long we stopped there—I did not take any account of the time, nor of the drink—I don't know whether we had ten or twelve quarts—I did not drink there, till I got tired—we went from there to the Tons, across the road—I did not get rather short of money before that—I borrowed a sovereign of Heebs—I did not begin to spend it at the Tons—I had a little at the Tons—we stopped there a very little while—after that we got to the White Horse—we went in there to settle about the money for the donkey—I don't know how many of us there were altogether—the house was full of people—they were not all drinking—I don't know how much beer we had in the White Horse—I never had any gin—I don't like gin—I did not say I was as sober as I am now—I knew what I was doing—the place was full of people—I did not shout out at all—I asked the mac for the money, and he laughed at me—I don't know whether the people said anything to me about the man taking my money—there was a set to about it.
FREDERICK WORBOYS (Policeman, N 290). On 27th March, between 9 and 10 o'clock, I was passing the White Horse public-house—I was called, by the last witness, to take the prisoner into custody—I found him in the tap-room, with about thirty or forty bad characters in the room—I knew nearly all of them, both by name and character—the house has been licensed many years before I was there—I told the prisoner the charge—he said, "I never had the money"—I asked the witness, in the presence of the prisoner, what money he had had in his purse—he said, "One sovereign, two half-sovereigns, and somesilver"—he showed me his purse, which then contained one sovereign, one half-sovereign, and some silver,—I searched the prisoner after I got him in custody, but only found some silver on him—as I was coming from the magistrate's, after the prisoner had been remanded, he said "I suppose this will be six months for me."
Cross-examined. Q. Was that after the prosecutor had given his evidence, and the prisoner was committed? A. No; he was remanded—James Drew had given his evidence—it was the same as be has given to-day.
EDWARD ROBERT CALVER . I am assistant to Mr. House, a pawnbroker residing in Bishopsgate-street—a Paisley shawl was pawned on 21st February, by the prisoner, between 2 and 3 o'clock—I lent a sovereign on it—two others were with her at the time—she asked the loan of a sovereign upon it, and said to a person named Thompson, who was with her, that she gave 75s. for it—Thompson said she did—this (produced) is the shawl.
EDMUND COPPING . I am in the employ of Messrs. Thomas Sharland, and others, drapers, in Bishopsgate-street—on 21st February last, the prisoner and two other women came into the shop—she asked for a particular style of shawl, at about 50s.—I showed her some—she remained looking at some about a quarter of an hour—she did not buy any—there was a great variety of other shawls near these at the time—after she had gone out a quarter of an hour or ten minutes, we missed a shawl—I cannot identify the shawl, but I have another person here who can—I did not go in search of the prisoner—I next saw her in the station-house—I am sure she is the person that was in the shop.
WILLIAM HOLLIDAY CREIGHTON. I am in the employ of Messrs. Sharland—I saw these people come into the shop on 21st February, between 2 and 3 o'clock—I had seen that shawl the day before—it had not been sold to anybody—the value of it is 6 guineas—that is our selling price—it is the property of Messrs. Sharland.
ROBERT HILTON LEE (City-policeman, 642). I took the prisoner into custody—I found her in Mr. Kerry's, another draper's shop in Bishopsgate-street—Mr. Sharland's man called me in—she was given into my charge for stealing a shawl—there was another female with her, who has since been discharged—the prisoner made no reply to the charge against her.
COURT. Q. Was she searched? A. Yes; 13s. and three half-pence were found on her—no ticket was found.
COURT. to WILLIAM HOLLIDAY CREIGHTON. Q. I suppose you have a dozen shawls like this? A. Yes—this one we have had twelve years in stock—this is a particular kind rather—we have not another shawl like it in the house—there are plenty others in London.
NOT GUILTY .
OLD COURT.—Thursday, April 5th, 1860.
PRESENT—Mr. JUSTICE WILLIAMS; Mr. BARON CHANNELL; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. Conder; and ROBERT MALCOLM KERR, Esq.
Before Mr. Baron Channell.
PLEADED GUILTY .— Confined One Year.
MR. SERJEANT PARRY for the Prosecution, stated that the prisoner had probably been an instrument in the hands of others. There was another indictment against him for omitting to surrender, upon which no evidence was offered.
Before Mr. Justice Williams and the Fourth Jury.
MR. TAYLER conducted the Prosecution.
March, after leaving my master's, I went to Mr. Prior's, 100, Pentonville-road, an eating-house keeper, in company with a friend, a young man named Henry Mason—I saw the prisoner there, he came in afterwards—I had known him before—there were no words spoken at all—we called for our suppers, and I tendered payment for it—the prisoner then told Mr. Prior to look to me for his sixpence, that he had no money—I told Mr. Prior that I was not to pay for it, as I had nothing to do with him—the prisoner then told Mr. Prior that he had better lock us both up—I asked him what he meant by "us," and he said, "you"—I said I should not pay for it—I asked Mr. Prior for my change out of the money I gave him, and Mr. Prior said he must have it from the prisoner—he told the prisoner so—he said nothing—Mr. Prior said he must have the money from him by fair means or otherwise—the prisoner said he could do which he liked—I then got up to go out, and the prisoner got up and struck me with a knife, and would not let me go—he made an attempt at my neck, but I put down my head, and he struck me down the back—I leant my head forward, on one side, seeing the blow come, to avoid it—it cut right through my coat and waistcoat—it did not cut my shoulder—it did not hurt my body, only cut my coat—I tried to get from him, and he laid hold of me—we fell down—while on the ground be struck me twice in the chest—while we were falling first, he struck the knife into my hand—it is well now—on the ground, he tried to strike me in the chest, and the knife bent up—he struck me twice on the cheat with the knife—it was bent when he struck me in the chest—it did not go through my clothes—the point was bent right round, it could not go through—I do, not know what bent it—I am sure it was straight when he took it up—it was bent in the scuffle—he was on the top of me when he did this—I was down—I then got from him, and the policeman came in—I was sober—before goin into the eating-house, I had seen in the Belvidere with this same friend—I had seen the prisoner there, but nothing had taken place, no words passed, but I heard the prisoner say that he would put a knife into anybody that ever interfered with him—he was sober—I do not know how be came to expect me to pay for his supper—I had never paid for his supper before, or he for mine—I had known him before, by asking him to come and wash my carriage for me as a job—he washed it twice—I gave him a shilling, and some beer and bread and cheese for it—he knew my friend Mason.
GEORGE EDWARD PRIOR . I keep an eating-house, 100, Pentonville-road—on the night of 21st March, the prosecutor and his friend Mason came into my house about 10 minutes past 12—they called for some supper—the prisoner followed the two in—they had their supper, and the prisoner also—after that Mason left, and I then went to the door—I came back, and in consequence of something my wife told me, I went and took a shilling back to the prosecutor—he had tendered a shilling to my wife for payment of his supper—I said, "You have given my wife a shilling to pay for the supper—there are three suppers; do you intend this shilling to pay for the lot?"—they had had boiled beef, pickles, and bread—he said, "No, that shilling is to pay for mine, I have nothing at all to do with the others"—I then turned round to the prisouer and said, "I am to look to you then for your supper" he said, "I have no money, you must lock us both up"—I said, "Well, you may please yourself, I will either have it by fair means or foul, I won't be imposed on by you nor any one else"—then he turned round to the prosecutor and said, "You had better lock us both up"—the prosecutor said, "What do you mean by us?"—he said, "You"—then a scuffle arose, and I saw the prisoner take a knife off the table—it was a dinner-knife—this is it
(produced)—it is the knife that had been used for their supper—he held it in the shape of a dagger—on seeing that, I ran across the road for a constable, and on my return, the prosecutor was bleeding from the hand—I did not see either of the stabs given—when I returned, the prisoner had laid down the knife in the shop—he refused to pay for his supper, but he did when he saw the constable—he had not sufficient, so I took sixpence, all the money he had got—the prisoner and prosecutor were both sober.
Prisoner. Q. What was the charge for each person's supper? A. Sixpence; but you broke two cruets and a plate—the prosecutor did not pay for Manson's supper as well as his own—Mason paid for his next morning.
COURT. Q. Could you collect at all upon what ground it was that the prisoner said the prosecutor was to pay for his supper? A. No.
JOHN BURKE (Policeman, N 273). I was on duty in the Pentonville-road on 21st March a little after 12 at night, I saw a crowd of persons at the door of Mr. Prior's eating-house—I was called in—I saw the prisoner standing at the door, and the proprietor of the eating-house as well, asking the prisoner for the money for his supper—at the same time I saw the prosecutor's hand bleeding—I examined it—it was not a very deep cut—it was done by stabbing, not a drawn cut—it appeared to me likely to be done with a table-knife—this knife was given to me by Mrs. Prior—she said this was the knife the prisoner had put down—the prisoner offered to pay for the supper afterwards, in my presence.
Prisoner's Defence. On the night in question there were three of us in company; we had been in company all that evening; we went to the public-house, and when that closed we went to the eating-house. Mason called for three suppers, they were brought; as soon as he had finished his supper, he got up and went out without paying; directly after, Thompson offered to pay for his; it came to sixpence. Mr. Prior asked him if he was going to pay for the three suppers, he said, no; that was to pay for his own, he had nothing to do with the other two; on that Mr. Prior said, "I shall look to you for the remainder." I said, "No, I have only money to pay for myself, and cannot pay for anyone else;" that was Mason. He said, "I will not be imposed on by you or anybody else; I will have it by fair means or foul." I said, "Then you had better lock us both up." Thompson then rose up and struck me a violent blow in the face; I struggled with him, and forgot, in the height of my passion, that I had a knife in my hand, and we both fell. I made no separate blows or stabs; he got his hand cut in the struggle; as to attempting to put it into his chest, or saying I would stab anyone, it is entirely false; he is prejudiced against me, having some time ago employed me for eight or nine days, and at the end of that time he gave me threepence, in addition to what he gave me for the work; and I, not thinking it enough, left it with the landlord of the beer-shop where he was employed; and for that cause he is prejudiced against me.
GUILTY of unlawfully wounding. — Confined Four Months.
MR. PLATT conducted the Prosecution, and MR. LILLEY the Defence.
GUILTY of the attempt. — Confined Eighteen Months.
356. WILLIAM PAGE (19) , Burglariously breaking and entering the dwelling-house of Thomas Proud, and stealing therein 15lbs. of bacon, an opera-glaas and 23s. in money, his property. Second Count Feloniously receiving the same. MESSRS. METCAKFE and PLATT conducted the Prosecution.
THOMAS PROUD . I am a general-dealer living at 2, star-place, North End, Fulham—On the night of 13th January I went to bed about 11 o'clock—on the morning of the 14th I discovered that my house had been broken into—when I went to bed I had some bacon, some cheese, some cocoa, and some tobacco—I had also the materials for a lady's dreys and about 23s. in copper—I missed all these things in the morning—I had seen them safe at half-past 10 the night before, just before I went to bed—the entry had been made by the back-parlour window—a ladder had been procured from next door to us, which is a corner house—they came over the side and then put the ladder over on our side—I found the ladder on our side; and I suppose they got in at the window by that means, and put the ladder back again in making their escape—the ladder was found on our side of the wall leaning against the wall; and the parlour window was left a little way open—I had seen it fast over-night—it fastens by a catch the same as all parlour windows—when the sash is put down that drops over it—the catch was not injured—I can't tell how it was opened, without a knife was inserted up the crack—there were no shutters—a knife between the sashes would have opened it—I think if anyone had got on a ladder they could have reached the parlour window—it would have been high enough—the money was in a cupboard in the parlour—the other goods were in the shop—I am positive the things were safe in the house when I went to bed—the value of the goods is between 4l. and 5l.
COURT. Q. What time did you get up in the morning? A. A little before 6—the shop communicates with the parlour.
Cross-examined by MR. THOMPSON. Q. Does any one serve in the shop besides yourself? A. My wife and daughter—I keep what is called a general shop—I make a practice every night of looking through the place before I go to bed—I am always the last up—I have no more recollection of this night than of any other night—I am always at home at night—I looked at every window and every door and saw that the fires were out.
WILLIAM BURNHAM . I live at 8, Sun-street, Fulham, and am a gardener—I occupy a room next to the one which was occupied by the prisoner—I was up rather late on the night of the burglary; but I do not know whether it was the 13th or 14th—I was up late owing to my wife being taken very ill in labour—it was early in the morning—I can't tell what o'clock it was because I have not a clock—I heard people in and out of the house very late; still that was not an unusual thing—they were in the passage—I heard a young man named Shields, but I did not hear him come up—I was up all night and was fatigued—I heard footsteps come in and out of the passage—there was one flight of stairs to get up to the prisoner's room—that was the nearest I heard him to it—it is only a one storey house the prisoner's room is up-stairs—the footsteps were down-stairs—I am certain I heard Shield's voice—he called out to me and I answered—that came from the next room to mine, the prisoner's room—he occupied the back and the front room.
Cross-examined. Q. How many people live in the house? A. Three families—it is not an unusual thing to hear talking and footsteps at that time of the night, for there is a brother of the prisoner's who plays the concertina, and goes out to play, and is always home late—I believe the prisoner has worked at the Gas-works.
MR. PLATT. Q. Do you know whether Shields and the prisoner are very often together? A. That I do not know; I am always occupied in my work.
Fulham—I did not know the prisoner before I went to live there—I know him now—I know a man of the name of Shields by sight—I have seen him in the public-house—the prisoner and Shields were sometimes in there together—I heard of the robbery the same day it was committed—on the night previous to that the prisoner and Shields were both at the public-house together—I saw them there the night the robbery was done—I think it was about half-past 11 as near as I can guess—I think they came in about 7 o'clock, and had something to eat—they went out of the tap-room together—I did not see them again during that night—they were eating some bacon and bread—I can't say whether the bacon was cooked for them in the house—I was out with some beer—when I came in they were eating—that was about 7 o'clock or a little after—I should think the Crown public-house is about two hundred yards from Mr. Proud's.
ROBERT RIGALSFORD . I am Inspector of the T division of police—in consequence of information, I went, on 14th January, to 8, Sun-street, Fulham, to a room occupied by the prisoner—in a table drawer I found this bacon, cheese, and cocoa: which I produce—I showed them to Mr. Proud—there are three pieces of bacon, and two pieces of cheese—I searched for the prisoner for some time after that—I could not find him at that time—he was not apprehended for some time—I went to his house—every exertion was made—we did not succeed in finding him till 6th February—he was apprehended by another constable—I was not present then.
Cross-examined. Q. What time did you go to 8, Sun-street? A. About 11 o'clock, on Saturday, 14th—the prisoner was not there—a chair had been placed against the door, so you could not open it very easily—you had to force it open—the chair was placed so as to keep the door shut—nobody was in the room—I found these things in a common table-drawer—a sergeant belonging to our division, and Mr. Burnham, were present at the time—the sergeant is not here.
WILLIAM BURNHAM (re-examined). I saw the Inspector open the table-drawer and find the bacon and cheese there—I believe the prisoner and his brother occupied that room—the police had not been into that room before they called me—they came into my room first—I believe the prisoner's brother is now potman at the Crown—he succeeded the witness there.
WILLIAM AYRES (Policeman, V 531). On 6th February I apprehended the prisoner at the Seven Stars, public-house, North-end, Fulham—I told him I took him for committing a burglary at Mr. Proud's—he said, "Very well,! am glad you have come for me; if you had not come, I intended to gife myself up"—I knew him some years before the burglary—after the commission of the burglary, up to 6th February, I was in search of him; I went to every place where he was likely to be found; I heard nothing of him till 6th February.
Cross-examined. Q. I believe the prisoner has been a labouring man about those parts, has he not? A. Yes; he had done no work five or six weeks before his apprehension—I remember his working at the Gas-works—that was from five to six months ago, I should say.
MR. METCALFE. Q. You say you do not know of his doing any work during that five or six months? A. No; and then he only worked casual work.
THOMAS PROUD (re-examined). These things are in a very altered state to what they were when they were recovered—I saw them on 14th February, when they were brought to me—here are two pieces of bacon, and three pieces of cheese—I identified them directly they were brought to me.
Cross-examined. Q. Are they altered now? A. Only by age, and from
having been tied up in a handkerchief at the station ever since—I could not swear to them from their appearance now, but I did at the time they were first produced to me, and I put a mark on them, which I find here now—there was no mark on them previous to their being stolen—the cheese was Cheshire cheese—it is mouldy cheese now—I could not swear to it now.
COURT. Q. Could you when you saw it on the 14th? A. Yes—the quantity corresponds with what I lost; both the bacon and the cheese.
GUILTY .— Confined One Year.
MR. M. J. O'CONNELL conducted the Prosecution.
MARIAN CRAGG . I am a single-woman and am now servant to Dr. Willis of Barnes—last January twelvemonth I was servant to Mr. Charier Frederick Phillips, of 48, Inverness-terrace, Bayswaier—I was out ol& morning in that month, and came home about 12 o'clock—I came backtb the house down the area and saw a man in the pantry—I see that man now;—the prisoner is the person—the pantry is through the scullery, through the kitchen, and at the end of a passage—I saw him in the pantry—he wy taking the plate out of the basket—I went into the kitchen—he could see me then—he came to me into the kitchen and said he was very sorry for what he had done and he hoped I Would forgive him—he had his hands full of plate; silver-forks and spoons—he said he would pot it all down if I would let him go—he put down what he had in his hands—I said I would call assistance—he said I should not; he would leave the plate—after be hod put it down he attempted to go, and I took hold of him—he tbm took some more plate out of his pocket, some forks and spoons and a soup-ladle—the plate was all put on the kitchen dresser—I caught hold of him by his coat when he attempted to go, and he poshed me back-rafter he had put down the second quantity of plate, he again tried to get away, and succeeded, after I had called for help—he got away through the scullery, and up the area-steps—I went after him and called out—a butterman caught him, of the name of Bird—he was brought back to the kitohen—my mistress was there then—the plate was then counted and it was found to be right—my mistress then let the prisoner go—I don't exactly remember ho* many forks and spoons there were—there were upwards of forty on the dresser—they were made up of what he had in hi hands when I saw him first, and what he afterwards took out of his pockey—I am quite sure tht prisoner is the man.
Cross-examined by MR. TAYLER. Q. I suppose yott wire somewhat frightened on this occasion? A. I was rather surprised at seeing a atrangt man—I have not said I was frightened—the police came to fetch ma some time after and took me to the station-house; and the primmer was brought out with five or six men—that was rather more than a month ago—I had not seen him in the interval—he was then in custody—the polioeman told me they thought they had got the man who had stolen my master's plate, and I was to pich him out—I recognised him when he was brought out and I picked him out—I should have known him anywhere if my attention had been called to him—he wore a brown coat at the time and a felt top, not a hat and darkish trousers—his features altogether I think are rather peculiar—I had described him to the police at the time of the robbery—the police came, after occurrence, to my master's house, and I described him then.
MARY STYLES . I am single and live at 51, Inverness-terrace—I was a fellow-servant of last witness, in January last year, in Mr. Phillip service—I heard last witness scream in the kitchen—I was on the staircase at work at that time—I went down to the kitchen, and saw some plate lying on the dresser—the prisoner was not there then—I asked her what had happened, aud ran down the terrace after her; and I saw the prisoner before he was caught, and I saw Bird catch him, and he was brought back to the kitchen—the last witness said she saw him with the plate—he said he was very sorry—I am certain the prisoner is the man—I couuted the silver; it was all right—my mistress came down.
Cross-examined. Q. Were you taken to the police-station also to pick him out? A. Yes; I have left Mr. Phillips' service—I am in another service—I was found out by the police, and the prisoner was brought out, with others, to me—I was taken there about a month ago, at the same time as the last witness—we were both taken there together—Bird was not taken there on that day—the other men I saw were not much like him.
COURT. Q. You were told he was there, and you were to pick him out if you could? A. Yes; I picked him out from five or six others.
WILLIAM HAWTREY (Police-sergeant 1, D). On 25th January last year I was on duty in Porchester-terrace, which is about 40 yards from Inverness-terrace, and perhaps seventy or eighty yards from Mr. Phillips' house—it runs parallel with Inverness-terrace—I saw the prisoner there on that morning—he had a bag on his arm—I watched him for a short time, and then lost sight of him—afterwards, in consequence of hearing something, I went to 48, Inverness-terrace—it was about a quarter past eleven when I saw him—I was shown the plate there, and a bag which the prisoner had left behind him—I have no doubt the bag was the one that I saw in his possession that morning—it was exactly like it—it has been sold since as unclaimed property—it is not kept more than twelve months—the witness Cragg gave it me on the 25th, the day of the robbery.
WILLIAM HAWTERY (cross-examined). Q. You say this bag has been sold as flnclaimed property? A. I have no doubt it has been—we thought it no longer of any use—the man was apprehended on another charge—I am positive he is the man I saw in the neighbourhood—I did not apprehend him, he was in custody—I thought he resembled the man—I saw him five weeks ago at the Lambeth police-court—the bill has been thrown out against him on the other charge.
COURT. Q. When you saw him did it occur to you he was the man you had seen with the bag? A. Yes.
GEORGE BIRD . I am a cheesemouger at 11, Alfred-terrace, Queen's-road, Bayswater—I remember in January last stopping a man in Inverness-terrace—there was a cry of "Stop thief"—the witness Marian Cragg was pursuing him—I am quite sure the prisoner is the man—when I stop'ped him I asked him what he had been doing—he said, "Nothing"—I stayed till Cragg came up and she said, "He has run away with some plate"—he said he had got nothing—I took him back to Mr. Phillips' and took him into the kitchen—I saw the plate on the dresser—I had never seen the prisoner before that time—I remained with him about ten minutes on that occasion.
Cross-examined. Q. You say there was a cry of "Stop thief" along the terrace? A. Yes—there were one or two people following—a policeman was not found then—I have not said that I should always know him if I saw
him—the police came to ask me if I remembered the robbery—I said "Yes"—he said, "Should you know the man?"—I said "Perhaps I should not"—when I saw him again, I thought he was the man—I was taken to the police-station to point him out the same way as the others.
CHARLES FREDERICK PHILLIPS . I am a solicitor and reside at 48, Inverness-terrace—the witness Marian Cragg was in my Service in January, 1859—I am the owner of the house—the plate that has been spoken of is my property.
The prisoner was further charged with having been before convicted.
NATHAN LEECH , Policeman, C 40. I produce a certificate—(Read: "Marlborongh-street police-court, 15th September, 1858. John Hurley, stealing 5 decanter-stands. Pleaded Guilty. Confined Four Months.")—I was present on that occasion—the prisoner is the person who was then convicted.
GUILTY.— Three years' Penal servitude.
NEW COURT.—Thursday, April 5th, 1860.
PRESENT—Mr. BARON CHANNELL; Mr. Ald. FINNIS; Mr. Ald. LAWRENCE:
Before Mr. Baron Channell and the Sixth Jury.
MR. SLEIGH conducted the Prosecution.
ROBERT MEREDITH (City-policeman, 414). On 8th March I was on at the Mansion-house—on the previous day I had apprehended the prisoner for picking a gentleman's pocket in Threadneedle-street—on 8th March he was standing in the dock, and after the sentence of three months had been passed on him by Sir Robert Carden, I was taking him down the staircase—he went down first, and as I was in a stooping position he turned round and struck me on the right temple with one of his fists—I became insensibly for a moment or two, and then I halloed out, and he raised his foot and kicked me in the lower part of my body—I called for assistance, and I was conveyed to St. Bartholomew's Hospital in a cab—I was discharged on my own request on Sunday, 11th March—I now keep my bed, only I am attending here today—I was in perfect health up to the time of my receiving that injury—I went on the Tuesday following to the Mansion-house, but was unabfo to remain there—I had a fit, and was taken to the hospital, and remained there fourteen days—I suffer great pain—my body appears to be doubling up at times, and my head is wandering—I had not given the prisoner the slightest provocation.
Cross-examined by MR. COOPER. Q. Were you taking him down alone? A. Yes—he was going first, and I was after him.
JOHN ROGERS . I am house-surgeon at St. Bartholomew's Hospital—on 8th March the prosecutor was brought there—I attended to him—he was in a very weak state, and pointed to his right temple, and to his abdomen there were no marks on the temple, but on the abdomen were one or two marks and bruises which might have been produced by kicks; decidedly—the symptoms which were afterwards developed in the head were such, no doubt, as would have been produced by a blow—he was in the hospital from* the 8th till the 11th—he was then discharged at his own request, and on the 13th he was brought back in a state of insensibility, and remained till the 27th—the sufferings he complained of were the results of this violence—he is still in a very weak state.
GUILTY .— Confined Three Months, and Three Years in a Reformatory.
MR. COOPER offered no evidence.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
(The prisoner being a foreigner, the evidence was interpreted to him.)
CHRISTIAN HAGEN (through an Interpreter). I am a shoemaker, and live in Rupert-street, Whitechapel—I know Robert Reisbroet—on Sunday, 26th February, I was in a public-house in Leman-street, Whitechapel, at 10 o'clock at night—I saw Reisbroet and the prisoner there—I saw them go out—I did not follow them, I saw them afterwards—I can't tell the time—they were at the corner of a court or alley, leading to Rupert-street—they had a fight together, and I saw after that that Reisbroet was bleeding—I saw the prisoner had a knife in his hand; and he threw it away—there were five of them together—I am not quite sure that he threw it away—I could not tell whether I saw a knife in the prisoner's hand—there were five together—I have not said that I saw the prisoner take a knife and stab the prosecutor.
MR. SLEIGH to the Interpreter. Q. Did you read over to this witness his deposition before he signed it? A. Yes; I did, and he understood it.
COURT to C. HAGEN. Q. Were you before the Magistrate? A. Yes—I don't know how soon that was after 26th February—I said that I saw the prisoner had a knife in his hand, but I did not see him do the deed—I did not say that the prisoner had a knife and stabbed the prosecutor—there were five together—I could not tell.
JOHANNA KIOCH (through an Interpreter). I am a servant at No. 3, Rupert-street—on 26th February I saw Reisbroet and the prisoner at the White Hart in Leman-street—I did not go into the house—I saw Hagen and the prisoner go out, and two men besides—I saw the prisoner and Reisbroet fight; and the prisoner struck Reisbroet on the head twice—I saw some blood—I saw, soon afterwards, that the prisoner had a knife in his hand—that was about four minutes afterwards—Reisbroet had nothing on his head—I asked him where his hat or cap was—he said he did not know.
Prisoner. Q. Did you see that I had a knife in my hand? A. I am not quite sure—I don't know who the knife belonged to.
The Court here read part of this witness deposition, in which site stated, "I saw the prisoner and his two friends pass me in the street—they were fighting and struggling together—I saw the prisoner strike Reisbroet on the head twice, and I saw blood directly afterwards—in about four minutes after Reisbroet was struck I saw a knife in the prisoner's hand—Reisbroet had nothing on his head."
Prisoner. Q. Did you observe, when in the White Hart, that Reisbroet called me names? A. Yes—no one struck you iu the White Hart; it was only talking—some one struck you in the street, before I saw the prosecutor struck on the head—I don't know who struck you.
Prisoner. Reisbroet struck me first.
COURT. Q. Was it Reisbroet struck the prisoner? A. Reisbroet beat him and other men as well—I cannot undertake to say that the prisoner had a knife in his hand at all.
Q. Then what did you mean by saying that after the prosecutor was
struck, you saw a knife in the prisoner's hand? A. Yes—I saw a knife in the prisoner's hand—it was a pocket-knife.
Prisoner. I did not use any knife at all.
THOMAS PAYNE (Policeman, H 94). On that Sunday night the prisoner and Hagen came up to me in the street—Reisbroet was with them—I saw the prisoner strike Reisbroet on the head once with his right hand—it was about 10 o'clock—the blood was flowing from Reisbroet's head—I did not see anything in the prisoner's hand—I took the prisoner in custody—Hagen and Johanna Kioch gave him in charge.
JOHN COMLEY . I am a surgeon in Whitechapel—on 26th February, about 11 o'clock at night, I was called to examine the prosecutor—I found an incised wound in the top of his head of a crescent form, about two inches long and one inch and a half deep—it was such a wound as a knife would have inflicted, and was bleeding very much—he was under my care for a week—he was so ill for four or five days that he could not attend at the police-court—he had another wound on the forehead which might have been produced by a similar instrument; but that was of minor importance.
Prisoner's Defence. I did not begin the fight; what I did was in my own defence.
The Prisoner called
GABRIELE REGARMEY (Through an Interpreter). I was at the White Hart that night—I saw three men come out together, and when about a hundred yards from the house, two of them struck the prosecutor on his head—the prisoner turned round and said, "What's the matter, are you going to fight?"—he turned back and fought—he struck Reisbroet on the head once with his fist: only with his fist—I saw blood come from Reisbroet's head seven or ten minutes afterwards.
GUILTY of unlawfully wounding.—Recommended to mercy by the Jury, considering that he had had considerable provocation. — Confined One Month.
MR. LILLEY conducted the Prosecution.
EDWARD STEWART HAST . I am a hosier and tailor in King William-street—on Saturday evening, 17th March, I heard the click of these brass plates coming away from the board—it was a peculiar sound of brass—on one of the plates is the word "Shirt" on the other "Maker"—the plates have two nuts which go into grooves, and the plate is then shifted to keep it tight—they are put outside to show my business—on hearing the click I went out of the shop and found the prisoner leaning over this basket and carefully wrapping these brasses over with an old wrapper—I asked him what he had there—he replied, "Did any of it belong to you?"—I told him I thought some of it did—on which he started off and ran to the opposite side of the way—I followed him and secured him there—he promised that he would walk quietly back with me—but when we got to the centre of the road he endeavoured to force me under the wheels of the vehicles which were passing, and he used considerable force to extricate himself from my hold—a policeman came to my assistance in the road, and we took the prisoner back to the shop—on returning I found the basket that I had seen the prisoner leaning over, with my two plates in it, and also two other plates—the value of my plates is 5l.—I don't remember when I had seen these plates safe, but at any rate I should think within half an hour.
Cross-examined by MR. STEEL. Q. How long was it after you heard the click before you went out? A. I was serving a customer and I left and ran to the door—I was not two seconds—the prisoner did not appear flurried, he appeared quite self-possessed—he was packing these plates up carefully and quietly—he crossed the road and I followed immediately and caught him when I got on the opposite side—I continued my hold of him, and came back and found the basket and the plates in my door-way—wheu I first saw the plates they were in this basket and he was leaning over it wrapping the plates up in it—it is not my basket—when I came back the basket had been moved into the shop—the prisoner used great force while I was bringing him across the road—I mentioned that at the police-station.
EDWARD BATSEY (City-policeman, 528). About half past 7 o'clock on the evening of 17th March I was called to the prosecutor's shop, and he gave the prisoner iu custody—another officer was holding the prisoner—when I got in the shop, I saw this basket, and I asked the prosecutor to allow a person to bring the basket and these plates to the statiou where I took the prisoner—these are the prosecutor's two plates and these are two other plates—I found nothing on the prisoner but a brass tobacco-box—I asked him his address, he hesitated a long time and he said two or three times that he had no settled abode, but after being asked repeatedly he said he lived in Browns buildings, Stanhope-street, Clare-market—I went there and was told he did not live there, but he was known there, and that he was in the habit of carrying a basket similar to this one.
The prisoner received a good character.
GUILTY .— Confined Six Months.
There were two other indictments against the prisoner for similar offences.
MR. MCDONALD conducted the Prosecution.
JAMES THOMAS . I am a carpenter, and live in Globe-fields, Mile-end—on Sunday, 18th March, about 12 o'clock in the day, I was in Bishopsgate-street—I had a watch and chain—the watch was in my left waistcoat-pocket, and the chain was round my neck—I saw a great many people walking backwards and forwards, and I was going through them—I did not see the prisoner before I saw him with my watch in his hand—I heard a snap and I looked round and saw the prisoner with the watch in his hand, and he had just let go the chain with his other hand—I turned round and caught hold of him—he dropped the watch, and I picked it up—he knocked my cap off, and some of my friends who were standing by, caught hold of him and held him—I gave him in charge.
Cross-examined. Q. Did not the prisoner get into the crowd? A. No; I had my hand on him directly—he had no chauce to get away—I had never seen him before—the young man who laid hold of him that day is not here—he did not see anyone take the watch—there were a good many people about—I found the watch on the ground—I had come from Mile-end—I had slept at Mile-end on Saturday night—I had not seen any friends that morning, only what were with me—I had not been drinking.
BENJAMIN JOHN HOLD (City-policeman, 657.) The prisoner was given into my custody on that Sunday about 12 o'clock—the prosecutor and another person had hold of him—the prosecutor said, "He has stolen my watch"—I took the prisoner—I found nothiug on him but a comb and a handkerchief
—he gave his address at his father's, and his father said he had not seen him for eight months. GUILTY .
The prisoner was further charged with having been before convicted.
WILLIAM WALKER (Policeman, K 488.) I produce a certificate of a conviction—(Read: "Clerkenwell: May, 1855: James Webb, convicted of stealing 1s. 7 1/2 d. from the person of Catharine Fitzgerald, Confined six months.")—the prisoner is the person—I was present at the trial—I have known him five years. GUILTY.**— Four Years' Penal Servitude.
THIRD COURT.—Thursday, April 5th, 1860.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CONDER; and Mr. COMMON SERJEANT. Before Mr. Common Serjeant and the Seventh Jury.
363. WILLIAM FRANCIS VANDERVELL (47), was indicted for, that he being trustee of certain stock in the London, Brighton, and South Coast Railway Company, value 250l. did unlawfully convert the same to his own use, with intent to defraud; to which he PLEADED GUILTY .— Judgment respited; there being another indictment against him, which was postponed to the next Session.
THOMAS COOK . I am principal usher of St. Mary-le-bonne County Court—I recollect the action of Hibberd v. Charles being called on, and my administering the oath to the defendant—it was tried before John Leycester Adolphus, Esq. the Judge.
JOHN CHARLES . I am a fishmonger of 23, Queen's-terrace, St. John's-wood—I am not carrying on the business now; I have let it; but I am living in the house—the defendant is a builder in the Queen's-road—I recollect employing him in June last to do some work for me—this is his contract—(Read: "1, Queen's-road, St. John's-wood.—Sir, I will undertake to fix the blind complete, and put rings, cords, and pulleys, for the sum of 11l. J. Hibberd.")—that is the defendant's signature—I recollect the blind coming home about July or August—it was put up, but was incomplete—the hooks did not answer, and the wind blew it down—it had no ropes or pulleys at all—I sent for the defendant's man, who took it away, repaired it, brought it back again, and re-fixed it; but without ropes or pulleys, and the wind blew it down a second time—I then went to Mr. Hibberd—he sent his man to roll it up, and I sent my man to his house with it on Sunday—there were at that time no ropes or pulleys to it—I represented that to the defendant several times, and wished him to send ropes and pulleys up; he said that he would—he afterwards brought an action against me in the County Court—he was sworn, and the Judge asked him, "Did you complete the work?" he said, "I did"—the Judge said, "Did you put ropes and pulleys?"—he said, "I did, Sir"—there were never ropes or pulleys to that blind at any time up to the trial.
Cross-examined by MR. SERJEANT PARRY. Q. Were you examined at the County Court in support of your case? A. Yes—I made the same statement that I have made to-day, to the best of my recollection—I called Mr. Ruddock, my wife, and Mr. Sidey as witnesses—they are here, and they
were before the police-Magistrate—the defendant was examined, and stated that there were pulleys and ropes—my principal point was, that the work never was completed, and that there were no ropes or pulleys—he was sueing me on this contract, I having declined to pay him until the work was completed: he compelled me to pay, and I have paid him—the County Court Judge ordered me to pay 11l. with expenses—although I have sold my business, I am a lodger in the house now—before Mr. Hibberd was employed there was a meeting of the tradesmen who live in these houses, at the Knights of St. John Tavern, and they all agreed to have an awning or sun blinds put up, so as to form a picturesque appearance, and also to protect the shop-fronts from the sun—ten tenders were sent in—eventually Mr. Hibberd was employed—there are twenty-six houses, and there were fifteen blinds put up—I saw some of them put up before I gave this order—they had no pulleys or ropes, but I told the defendant that I should like my blind to have ropes and pulleys, so that I might furl it and unfurl it—it was upon my saying that, that he brought forward this written contract—there are, to two houses, upright iron bars, fixed above fifteen or sixteen feet distance in the kerb, then a horizontal one, and then two side bars fixed to the house; and over that comes the blind—I suggested that I should like to have rings attached, and a pulley and rope by the side, so as to pull the blind backwards and forwards, which he agreed to carry out—this (produced) is the sort of pulley; and rope, and rings, were sewn on to the blind—I was not present when the blind was tried—I never saw it tried with a pulley on each side, and the rope through, making a great bulge in the middle when it was drawn up; nor di I swear at Mr. Hibberd, and say that I would not have anything of that kind done—he did not actually suggest to me that I should have a third row of rings in the middle to prevent the blind bulging—there was not a very violent gust of wind when the blind was blown down on Sunday—I never saw that the kerb stone was loosened by the bar from the violence of the wind—I sent the blind back to Mr. Hibberd after it was blown down—after I sent it back the last time, his workmen came to me over and over again and requested me to allow them to finish the blind, and I refused—I said that it was of no use to me after the summer was over, because it was a mere temporary blind to keep the sun off the payement—I said, "I will wait till the spring; Mr. Hibberd has kept the blind the whole of the summer, and now he had better keep it in the winter; and in the summer I will have it up"—Mr. Ruddock saw my blind, and had a blind put up similar to it, but with three pulleys—I saw his blind work once; it did not work well—he uses it—the defendant's man did not come to me over and over again, before my blind was blown down, to put a third pulley and make it exactly like Mr. Ruddock's.
Q. Did not you, on the Sunday, swear at Mr. Hibberd in the most violent manner? A. He was not near the shop, nor yet the man—I never used abusive language to them—it was not before my blind was finally removed that I said I would not have the alteration till the spring—Mr. Hibberd has applied to me many times for the money, and he wanted 1l. on account—I refused to pay him till the work was complete—I did not say to him that I would make it all right—I sold my business at Christmas—I heard of an application to my tenant to know whether he would take the blind—I did not say to Mr. Hibberd, "I would have made it all right if you had not gone halloaing to my tenant"—I am intimate with Sidey as a neighbour—I do not visit him—we are not companions—he was a competitor for putting up the blinds, and was unsuccessful.
MR. METCALFE. Q. Were the row of blinds, except your's and Mr. Ruddock's, made without pulleys? A. There were four blinds ordered with pulleys to prevent the wind blowing them away, as we live at the end of the terrace—the others were put up without cords and pulleys; but cords and pulleys were attached afterwards to three besides mine, of which Ruddock's was one—there were fourteen or fifteen blinds on the whole terrace, but mine were the first that had ropes and pulleys ordered—my blind was sixteen feet by nineteen, as near as possible—the pavement is sixteen feet wide—I do not know whether having the ring and cord increased the amount—it appears that some paid 12l. and some only 8l.—this contract called my attention to the ropes and pulleys so positively, that I am certain there were none—I saw the blind when it was taken down, and there were no cords or pulleys—the blind ran upon a piece of tubing which was on three hooks along the facia, and was brought down to the front and buttoned on—we had to unbutton it and pull it up—we should have pulled it up with the ropes, but it never was pulled up at all—the cord, if it had been put, would have been fastened to the rings—it was up from a week to a fortnight—the agreement is dated June—the blind was sent home at the latter end of August, and was sent back at the latter eud of September—after that they tried to put it up again; but I said that it was of no use till the spring—I do not know the date of the Sunday when it blew down the second time, but it was in September—I never saw but two men and a boy employed; the smith, the carpenter, and the boy who helped them—that covers the whole time—these were the same persons each time—I was not in any difficulties—I sold my business and retired.
MR. SERJEANT PARRY. Q. Were not there two smiths at work on the blind? A. I never saw them—I do not know a person named Stone—I never saw the defendant's nephew, Edward Hibberd.
CAROLINE CHARLES . I am the prosecutor's wife—I remember this blind being put up in August—it was blown down, taken away by Mr. Hibberd's man, sent back again, put up, and then blown down again-my husband sent it back again—during all that time, up to the time we went to the County Court, I am quite sure there were no pulleys or cords attached to it—I think there were rings, but I would not swear—I am quite sure there were no means of drawing it up—it was a fixture when once up, unless it was unbuttoned, unhooked, and taken away—I am continually in the shop, and I had a hundred opportunities of seeing it—I was there all day.
Cross-examined. Q. You remember that there were rings? A. I can't swear that—I was in the shop when it was first put up. and I think there were rings, but I will not be certain.
THOMAS RUDDOCK . I am a baker, and live two doors from the prosecutor—I recollect his blind being put up—there was no rope or pulley attached to it—I was one of the original meeting—I afterwards had a blind put up with ropes.
Cross-examined. Q. Did not Mr. Hibberd puff up your blind with ropes and pulleys? A. Yes; and I paid him. 12l.—mine had three pulleys and three rows of rings, but it did not answer well—I think it would answer better with three pulleys than two; as the middle pulley prevents it bulging in the middle—I did not try mine with two pulleys first—I think the middle pulley was put there before I tried it—Mr. Charles may have suggested two pulleys—mine was done first—Mr. Hibberd did not suggest to me to have three pulleys, because the two pulleys suggested by Mr. Charles would not answer—I am quite positive of that—I stood at my door
and saw Mr. Charles's blind put up, and mean to say there were no pulleys—I never saw it drawn up by a rope, and an immense bulge in the middle—mine was similar to this (produced)—it had a larger rope than this—it was brought to me first, and I told the man it would not do, and he got a larger rope—my ropes and pulleys were put up before Mr. Charles's blind blew down.
MR. METCALFE. Q. Do you know whether Mr. Charles had made his agreement before you made your's? A. Yes; but my blind was supplied first.
GEORGE SIDEY . I am an ironmonger, at 25, Queen's-terrace—I tendered for these blinds, but my tender was not accepted, though the defendant's price was more than mine—it would have been more for the long blinds, but less for the short ones—Mr. Charles asked me to tender for his blind, and I declined for any amount—I saw his blind when it was put up—there were no ropes or pulleys to it, or it would not have been blown down—I saw it blowing about on Sunday—the people who were coming from church were liable to be killed by it—if there had been pulleys, he would have pulled it up in an instant—I am quite satisfied that at no time while it was up, were there any pulleys—my attention was drawn to it by Mr. Charles—I have no feeling in the matter.
Cross-examined. Q. Did not you offer to do the blinds at 5s. a foot? A. No; I swear that—I do not retain my tender in my head—I never mentioned a foot, excepting for extras—I did not offer to do it for much less than Mr. Hibberd—my price for this, particular blind would have been more, but on the whole it would have been less, taking the bulk of the terrace—I required that the money should have been put into one common treasury—I was not there to know whether they said that if I was to work, it should not be done—all I heard was, that my price per foot for the extra blind was so much more than the other, that they must decline haviug it—the only feeling I have about this, is one of honesty—I have had no dealings with Mr. Charles—he lives at 23, and 1 at 25—I saw the blind fixed, and saw the rings—Mr. Charles told me that they were placed there for the cord to go through.
MR. METCALFE. Q. You noticed the rings; do you think if the ropes had been there, you must have noticed them as well? A. Yes; there were no ropes running through them.
WILLIAM WHITE . I live at Brompton, and am in Mr. Charles's service—I recollect the blind being put up—it came down twice, and was taken away—I never saw any ropes or pulleys attached to it—it was never rolled up during that time—I recollect taking it back to Hibberd's for my master—I helped to fold it up, and there were no ropes or pulleys to it.
Cross-examined. Q. Were you present when it was put up? A. I was there in the afternoon—I did not see it pulled up, and bulging out in the middle—I never saw it pulled up; and the men left before I came away—they were there in the morning—I saw the rings—anybody could Fee them.
MR. METCALFE. Q. As you noticed the rings, should you have noticed the rope running through them, if there had been any? A. Most decidedly.
AMELIA RAYNER . I am in Mr. Charles's service—I remember the blind being put up, and blown down again—I had frequent opportunities of seeing it—there were no ropes or pulleys attached to it, and no means of drawing it up.
Witnesses for the Defence.
ROBERT WILLIAM STONE . I now keep a public-house at South Walton, in Devonshire, and have come up from there to give evidence—I was foreman, last summer, to Mr. Hibberd—I remember the blinds being put up at Queen's-terrace—Mr. Charles was the first that had any rings or pulleys—the others were fixed with eyelet holes—I remember putting up Mr. Charles's blind—Edward Hibberd, who is Mr. Hibberd's nephew, was with me and two working smiths—I put two pulleys to it, such as these (produced)—they were put at the sides, on the face of the house—this is the way they were fastened—the pulley was attached here—I attached these pulleys and ropes to it, when I put it up—this is the blind (produced), and here are the eyelet boles—these are the rings that run on the bars—there was a good deal of iron-work which was not brought here—wheu we fixed the blind, it was drawn up and down to see how it worked—it bagged down in the middle—it did not run up well at all, and Mr. Charles said he did not like the way it was put up, because it did not run very easy—I worked the ropes, and pulled it up and down in his presence—my master and I afterwards suggested putting another pulley in the middle, and I told Mr. Charles that it would work a great deal easier, and prevent the bagging down in the middle—he said that he would not have it done then, he would see, Mr. Ruddock's done first—I put up a blind for Mr. Ruddock with three pulleys, and three ropes—in consequence of a suggestion from my master, I took the pulleys and ropes down from Mr. Charles's blind, as he said he did not like it, and attached them to Mr. Ruddock's blind, which worked, but not so well as it might—it answered better than it did with the two pulleys—before Mr. Charles's blind was taken down and returned to my master, and after I had put up Mr. Ruddock's blind, I offered to Mr. Charles to make his blind like Mr. Ruddock's—I went half a dozen times to offer to put his up like Mr. Ruddock's, and I went at other times besides to put it up, but he said he did not require to have it done until the spring, now, as it had got rather late in the season—I took the steps there at one time, and made an effort to work at it on them, and Mr. Charles offered to knock me off, so I thought it was no use to go any further—these pulleys are worth sixpence or eightpence, and the rope twopence or threepence.
Cross-examined by MR. METCALFE. Q. How do you say it was fixed up? Is this the thing you put up? A. I do not know whether that is the one; it was like that—I believe the hooks are there now—I put this screw under the facia, and the nut on the top—I put them in myself, with the assistance, of the smith—I was not at the County Court—I came up from the country on purpose for this trial—there must be a mark on the house where this screw went in, unless the screw is there now, which T believe it is—I did not take the irons to Ruddock's, as well as the pulleys—I left them there, and believe they are there now—I went into the country in August—I passed Mr. Charles's house yesterday, and I believe I saw the hooks there—there are some of them there, I know—there were three put up to each blind, and two pulleys—the third was to keep up the blind in the centre—the screws were put through here (Referring to the model)—I cannot tell whether they are there now—the middle of the blind was attached to the third hook, merely to support the rods—I am aware that there are two there now—there were two there, and I believe one has been taken out—I did not take particular notice yesterday, because I came about the blind, and not about the hooks—Mr. Hibberd showed me this hook before I came here yesterday, but there were two there, and if the Jury were to go there, they would see two hooks
—I did not tell you so when you first asked me, because I was not aware that you meant the hooks—Edward Hibberd, and two working smiths, and my master, saw me test the blind, and draw the pulleys and the cords—I cannot say that I saw Mr. Ruddock at all, though I believe he was there—I believe it was the next day that I spoke to him about the cords to his blinds—the pulleys were put to Mr. Charles's blind when I spoke to Mr. Ruddock—I went into the shop and suggested to him that Mr. Charles's blind did not work according to his wish, and said that I should like to put a third cord—he did not then look at Mr. Charles's blind, he had looked at it; and as it bulged down in the middle, he did not like it—the pulleys were put up in the morning, and the next day they were taken down again, before the blind blew down—that was to try an experiment on Mr. Ruddock's blinds—I think Mr. Edward Hibberd was there when the pulleys were taken down—we afterwards took the ropes down, that had been used in connexion with the pulleys, and carried them into my master's shop—they were no good after the pulleys were taken away—they are at my master's shop now, if they have not been used—I tried the experiment a few days afterwards—I am not aware that Mr. Charles went and saw the experiment tried on Mr. Ruddock's blind; but of course he saw it, because it was up a month or two—I left the defendant about three weeks afterwards, because I had not got my health—I had been with him nearly twelve months—he had much work at the time I left; sufficient for me and a great many others beside—it was during the strike that I went away—I did not go with my master to Mr. Charles's for the money, or by his direction—I had never heard that Mr. Charles came to the shop—he never came to the place when I was there, but after the blind blew down the second time, he said that he would not have it put up again; but two days afterwards, he allowed it to be put up—the blind ordered in June was not Bent till August, because it took a good time to make all these blinds—we had the others to put up as well, and, of course, we could not put them all up at one time—I am not aware that the defendant was in difficulties all this time—he never mentioned such a thing to me as the Bankruptcy Court, or the Insplvent Court.
MR. SERJEANT PARRY. Q. Whether this is or is not one of the hooks put up, were there three hooks put up in the way you describe? A. Yes—if Mr. Charles had chosen to have a third pulley, the middle hook would have done for the cord and pulley if it was only put up—a third pulley could have been put with great ease—I could have put it up in an hour, and put the rings in at once—my master was there when it was done, and saw and heard all that passed—he was also there at the trial of the experiment, and I believe he spoke to Mr. Charles—he saw it bulge, and it was with him that I suggested the middle cord—Mr. Ruddock said that if I could make it answer differently from Mr. Charles's, he would have it done, but if it was to break down in the middle he would not have it done.
EDWARD HIBBERD . I am the defendant's nephew, and am now in the Royal Marines, stationed at Chatham—in August last I was a carpenter in my uncle's employ—I enlisted on 5th or 6th August—I remember the bliud being put up at Mr. Charles's shop—I worked on the other blinds that were put up—I was with the last witness and two smiths when the blind was fitted up—we took pulleys and rope with us, and fixed them upon this son of hook—we fixed the pulleys here, and this rope through them—we tried it—it did not go up as it ought, and there was a great bulginess in the middle—I did not luur Mr. Charles say anything about it—I was gone before the blind was blown down—I remember going with Stone, after it
was blown down, with the blind and pulleys and ropes—I saw Mr. Charles, and he would not allow me to put it up—I remember Mr. Ruddock's blind being put up—we used three pulleys for it, the same as these—we used two of Mr. Charles's and I added a third.
Cross-examined. Q. Do you remember the blind being blown down a second time? A. No—Ruddock's was done at the latter end of August, I believe—I do not know whether it was the first week in September—I will uot swear it was not—I came up from Chatham last Sunday night—I have not beeu to Mr. Charles's house to look at it—I don't know what became of the rope that was taken down—Stone, two smiths, and my uncle, were present when it was put up, and several persous were looking on—am I bound to say why I left my uncle?—I left him because he had nothing more for me to do—he was not in difficulties, that I know of—I do not know that he applied to the Bankruptcy Court before I left—I do not know the exact day I enlisted—it was within a week or a fortnight of the 5th of August—it was uot on the 5th of August—I am not sure whether it was the latter end or the beginning of August that Mr. Ruddock's blind was put up, buti-swear that I was present—it was not put up after my enlistment—I do not know "whether I was present when it was put up; yes, I wast—well, now I come to recollect, I believe it was Mr. Harrison's blind that I was present at—I did not see the blind put up, but I saw the hooks pat on—I was present when the pulleys were put up at Mr. Kuddock's—I have no explanation to give to the Jury.
MR. SERJEANT PARRY. Q. Did you work the blinds? A. Yes; I worked at Harrison's blind—that is next door to Mr. Charles's, and Ruddock's is next door on the other side—I did the carpentering—I helped to put up Mr. Charles's blind—I was not engaged while all the blinds were put up; only, on some of them—I am sure that I saw the pulleys that were used at Mr. Charles's taken down to be used at Mr. Ruddock's.
WILLIAM MAJOR . I am a working smith, and am now in the employ of Mr. Harvey, of Circus-street, Marylebone—in July and August last my master had a job to put up the blinds in Queen's-terrace—I did the iron-work of fifteen of them—I remember putting up Mr. Charles's blind—that was not to be fixed—he altered his plan from the other tradespeople—he said he would have his to work up—I helped to threddle the rails on the stays—Stone was present—Edward Hibberd was not present when we drew the blind up—he was not working at that blind to my knowledge—this is the blind—there were pulleys to it—Mr. Stone fixed them and put them up—they were fixed like this, and with a rope through them—I tried the blind, and hurt my hand by rolling the cord round it and pulling—it bulged down in the middle when it was pulled up, and Mr. Charles said it would not do; it must not work so hard as that—I was present when a suggestion was made about having another brace in the middle—I only had to do with Kuddock's in putting up the ironwork—he said he would have his to pull tip as well—I am quite sure that was in the presence of Mr. Charles—I pulled up his pulleys, and worked his blind—he stood at the shop door at the time—I had a mate, John Land—he is in the hospital—he has a bad toe, and is obliged to have it cut off—our foreman saw him on Sunday.
MR. METCALFE. Q. Did Mr. Harvey's foreman come to see you too? A. I saw him every morning—he went to see how the boy was because he employed him—I did not go with my master to one of the workmen and ask him to come up and prove that there were pulleys—I do not know the number where the pulleys were put up at, but it was between Mr. Harrison's
and Mr. Ruddock's—on my oath it was not Harrison's where the pulleys were put up—he said that he would not have pulleys at first—his blind was not put up before Mr. Charles's—after Harrison's blind was put up, the kerb stone came out with the wind, and the blind fell in towards the shop front; which was the cause of Mr. Charles's blind coming down, because they were together—it was not at Harrison's that the pulleys were put up—Mr. Stone and I actually put the hooks in—we assisted each other—I may have put one in—I was not present when they were taken down—Mr. Hibberd employed Harvey because he does not keep smiths on the premises—I never saw Hibberd in my life—I did the work for Mr. Harvey—I believe these things were put up in July; it was after Whitsuntide; it was the latter end of June or the beginniug of July—I will swear it was not in August—I made a good deal of the ironwork, and they wanted me to work on Whit Monday to get on with the blinds—I do not know who made the pulleys—Mr. Hibberd brought them out in his hand—I do not know who Mr. Hibberd deals with for ropes or what has become of the rope which was used there—it was put up to see if it would answer, but the rings tore off, and we were obliged to take the other rings off, and Mr. Charles said that he would not have it—I do not know whether the ropes were taken out—I had nothing to do with that.
MR. SERJEANT PARRY. Q. Can you give me an idea of the cost price of the ironwork, of the labour, and of the blind? A. No; but the ironwork must have cost some pounds—I am sure it was between Whitsuntide and August, and not in August, that Mr. Charles's blind was done.
—KEAR. I acted as attorney for Mr. Hibberd in the County Court—I remember Mr. Hibberd giving his evidence, and the Judge recalling him after the different witnesses were examined—Mr. Adolphus said, "Were ropes and pulleys put to this blind complete?"—Mr. Hibberd said, "Yes, but—;" he was going to add something, but the Judge stopped him from the explanation which he was then about to give—I conducted the case for him when he was before the Magistrate for perjury, and had witnesses ready to call, which I mentioned to Mr. Hammil, who said, "As five witnesses have been called who swear that the ropes and pulleys were not complete, it is not my duty to decide"—I said, "Then it would be wasting the time of the public if I call witnesses."
Cross-examined. Q. Did not the defendant say that the blinds were Completed? A. I do not remember his saying more than those two words—I do not mean to say that it is untrue that he said that they were completed—I can hardly say that the agreement was before the Court, because I was imperfectly instructed; and Mr. Hibberd had a notion that the agreement was not admissible, for want of a stamp—I was not aware that we were suing on such an agreement—I do not know whether the agreement was before the Court, but I have no doubt it was—I did not take possession of it—I produced it at the police-court—it was handed to me there, but certainly not at the County Court—I can say that the agreement was in the County Court, but I cannot say that it was before the Court—the discussion was not about ropes and pulleys at first, and I do not remember the agreement being put in—the discussion about ropes and pulleys did not occur till the end—I made very rough notes, but have not kept them—I will not undertake to swear that Mr. Hibberd did not say something of this kind, that the blinds were complete at the time he was speaking, and that there were cords and pulleys there; but I will undertake to say, to the best of my belief, that no such words were used by Mr. Hibberd—he did
not, to my recollection, explain the kind of cords to the Judge—I do not remember his being asked whether they were completed when they were blown down, and saying that the cords and pulleys were up at that time—I destroyed my notes within forty-eight hours, and before these proceedings commenced—I have looked for them.
MR. METCALFE recalled
FRANCIS COOK . I remember Mr. Hibberd being called into the box a second time, after the evidence had been completed on both sides—the Judge said, "Mr. Hibberd, was the work completed?"—he said, "Yes"—the Judge said, "Did you put lines and pulleys?"—he said "Yes" distinctly—my impression was that he alluded to the time when the blind was actually up.
The defendant received a good character.
NOT GUILTY.—The Jury expressing an opinion that it was a very malicious prosecution.
PLEADED GUILTY .— Confined Twelve Months.
MR. SLEIGH conducted the Prosecution.
STEPHEN HENRY SHEPHEARD . I live at 3 Crowns-court, Southwark—on 27th December, I let a house to the prisoner, 5, Hatton-wall, Clerkenwell—he took possession next day—the roof was then covered with lead—I got possession again on 10th February, arid found that the lead was all gone—I value it at 251. or 30/. John Shean. I am a labourer of 3, Jane Shore-court, Shoreditch—I know Mr. Shepheards two houses in Hatton-wall—about a fortnight before Christmas the prisoner told me and the bricklayer to take the lead off No. 4 house, and chuck it down the stairs—he went into the back yard, swept it, and laid it in the shop downstairs—he sent me for a cart, put the lead in with two coats or jackets over it, and sent me with it to Mr. Jackson's in Crown-court, Finsbury.
JAMES SHADWICK . I live at 59, Crown-passage, and assist Mr. Jackson of 59, Crown-passage, a tin-plate and lead merchant—the prisoner came there in January and enquired the price of old lead in exchange—Mr. Jackson told him that 19s. was our full price—he came next day with a van and a cart, brought 5 cwt. 12 lbs. and received 4l. 16s. 3d. for it, himself—he had goods in exchange, and 3l. 4s. in money.
MR. METCALFE for the prisoner, stated that he could not resist a verdict of guilty.
GUILTY .—He was further charged with having been before convicted.
—HARVEY (Policeman, G 9). I produce a certificate—(Read: "Central Cnminal Court; Joseph Fossey, convicted, February 1844, of forging and uttering a request for the delivery of goods: Confined Six Months")—I was present—the prisoner is the person.
Confined Eighteen Months to run consecutively with his former sentence.
MR. SLEIGH conducted the Prosecution, and MR. MCDONALD the Defence.
GUILTY on the Second Count — Confined Twelve Months.
FOURTH COURT, Thursday April 5th, 1860.
PRESENT.—Mr. Ald. CONDER; and ROBERT MALCOLM KERR, Esp.
Before Robert Malcolm Kerr, Esq., and the Second Jury.
MR. BEETHAM conducted the Prosecution.
ROLAND HALLE . I am a schoolmaster at Forty-hill—I live in a house attached to the school—I remember 22nd February—I cannot speak positively as to whether it was Saturday or Sunday—I lost something, but was not aware of my loss till the policeman told me of it—these articles (produced) are what I lost—it is a case of mathematical instruments—it was on Ash Wednesday that the policeman came to me—he took me to see Watts—the things had been in a desk in the school-room; some were on the desk, and some in it—I last saw them safe in my possession on Saturday the 18th—they are mine—I know them by the tap that I set up, and a wheel that I used for a certain purpose—I have used them for many years—I saw Watts before, on the Sunday as I was going to Church.
WILLIAM BIRD (Policeman, N 177). From information I received I went to the house of Chesham, and asked him for the two books, a box of instruments, and the weather-glass—I asked him if he had not got them in his possession—he said, "Yes"—I said, "I have a prisoner in custody who stole it"—he said, "I lent Watts a shilling on it"—I took him in custody—Watts was in custody at the same time for breaking into Edmonton Union (See page 482)—I also told Watts, when Chesham was in custody, that he would be charged—I asked him if he sold it to Chesham for a shilling; and he said, "I sold it to him for a shilling"—he also said that he did the robbery at the prosecutor's.
Cross-examined by MR. WAY. Q. When you went to Chesham, did he tell you at once that he had got the articles you asked him for? A. Yes; he did not deny it.
NOT GUILTY .
MR. GENT conducted the Prosecution.
SAMUEL FALKNER . I am assistant to Mr. David Lonsda le, a linen-draper, at 29, Aldgate—on 29th February between 4 and 5 in the afternoon the prisoner came into the shop—she asked to look at some dresses—they were shown to her at the dress-counter—she afterwards requested to look at some silks, and they were brought to her—she was taken from the dress counter to the silk counter—I was at the silk counter—I was near enough to see what she was doing—I was serving a customer at the same time; and in the course of serving at the counter, I saw the prisoner take a dress—she seemed to ask for anything but what she was shown—if she was shown some particular style, it was not exactly what she wanted; she wanted something else—I heard all that passed—Eldridge was attending to her—from what I had seen I paid attention to what was going on, and I saw her take one dress from off the counter and slip it into her lap—it was a green silk dress—it is here—Aldridge then went to another witness, Handley, who was also watching her—he was standing in the centre of the shop, behind, as it were, a pile of dresses—on the two conversing together, I saw the prisoner take
these three dresses from her lap, it appeared to me; I was on the other side of the counter—I could not see her lap—she gave' them a jerk on to the counter—instead of going on to the counter, two I think went on to the floor—I picked them up and put them on to the counter, and they we're then in a crumpled state—she said, "These have dropped down"—the dresses would be shown to her half way open, in the position I picked them up—she was dressed, as she is now, with a cloak and bonnet—this is the dress (produced) that I saw her take from the counter—I saw it go, it slipped down—I did not see her hand drawing it, it could not have slipped—the counter is wider than the silk—it was lying flat on the counter—it was pulled down right off the counter—I did not see who pulled it—I did not see her fingers—it was pulled off rather quickly—I don't know anything of that purse or bag, it is not our property—the whole of these silks are worth 8l. 13s. 6d.—they are the property of Mr. Lonsdale—we sent for an officer—she was first aaked her name, and she said, "My name Sir, my name Sir—is—is—Elizabeth Cooper"—she was then asked where she lived; she hesitated, and at last said, "In the Curtain-road."
Cross-examined by MR. LANGFORD. Q. Were you serving a customer at the silk counter? A. Yes; and while Eldridge was waiting upon her I saw this green dress thrown up upon the counter—after Eldridge had gone away, the prisoner saw them speaking—she stood up and turned round—I can't say whether she stood up before she put off the things from her lap—the dress must have been pulled off the counter—I did not see any hand poll it—I was upon the other side of the counter, and could not see her lap—she threw three dresses on to the counter.
MR. GENT. Q. She was sitting down when Eldridge left to go to Handley? A. Yes; she could see them without moving—I cannot say that when Eldridge left she looked where he went to—I was at that very moment making out a bill, and I saw the three dresses thrown on to the counter—Eldridge walked to the middle of the shop—he had not left her above two or three minutes when she stood up—the moment I saw the silks on the counter, I saw her standing up—the prisoner could see Eldridge and Handley without getting up—they were about six or seven yards off—they were nearly sideways to the counter.
ALLEN ELDRIDGE . I am assistant to Mr. Lonsdale—on 29th February the prisoner came to our shop, and I attended to her—she asked to look at some dresses, and she selected one at 25s. 6d.—it was a different description of dress to these here—she said she would take that—she then asked to look at silks, and she was shown silks, at the silk counter—I showed her several dresses, of which she did not approve—I had to turn my back to her several times—each time I turned to her I found her hand to her pocket arranging her dress—I showed her all these dresses that are here—she did not tell me to cut any off of these dresses; but she asked me to cut off seven yards of another dress, which she knew I could not do, and which I refused to do—I cannot say whether Falkner was near me at the time—I left the prisoner to go and speak to Handley—she saw me talking to him behind a pile of goods—I did not see her eyes upon me—I think she could see me—when I had spoken to him I went back, and as I was coming round the counter she said, "These silks have fallen on the floor"—I said, "How came they there?" and then I charged her with stealing them—one of them was crumpled with being on the floor—it was dusty—I cannot say whioh dress it was.
his shop on 29th February, in the afternoon—I watched her; she was very restless—I looked down at her feet, and I saw some silk dresses there—Eldridge turned his back, and I saw her get up and try to conceal the dresses with her dress—she pulled her dress over the other dresses—they were on the ground at the time—she then sat down again—the young man turned his back, and she pulled the dresses up and put them between her knees and the counter—I should say she kept them there from seven to ten minutes—I was looking at her all that time—she spoke to the young man while she was doing this—I saw nothing else done—Eldridge came round to ask me what I thought—what I saw next was the dresses on the counter—I did not see who put them there—I saw the prisoner speak to Eldridge while she was holding the dresses—he had to turn away after she spoke to him, three or four times—I saw her given into custody, and heard her say, she would go out of the shop and would not come into it again—she said that to the head man—she was prevented from leaving the shop—the officer had not come at that time—I can't swear that these are the dresses I saw on the counter—they are like them.
WILLIAM WALPORD (City-policeman, 668). The prisoner was given into my custody at Mr. Lonsdale's shop—I told her she was charged with taking three pieces of silk off the counter—she said she did not do it, nothing further—she gave a false address—I have ascertained that it is false—she was searched; and 1l. 12s. 7 1/2 d. and these things belonging to her (produced) were found upon her.
Cross-examined. Q. Did you see her pocket? A. The female searcher searched her.
GUILTY .— Confined Twelve Months.
370. JOHN RICHARDSON (23), and THOMAS BURROWS (50) , Feloniously breaking and entering the dwelling-house of John Weeks, and stealing therein, 1 desk and 2 table covers, his goods—Second Count, Feloniously receiving the same.
MR. SHAPE conducted the Prosecution.
LUCY WEEKS . I am the wife of John Weeks, of King's road, Chelsea—he is a horticultural builder—on 19th December last I had a writing desk and two table covers in my house—they were my husband's property—they were in the dining-room—I saw them safe about twenty minutes or a quarter to 5, that day; and I missed them about half-past 6 that evening—I missed all three at the same time—I did not hear anything more of them till the police communicated with me—I don't know when that was; but I saw them in the possession of the police—it was in January—my house was secure at twenty minutes to 5 on the 19th—we were all at home, and the house was lighted up—the outside door was shut—the window of the dining room was shut—my servant first asked me if I was aware that the door was open—this (produced) is the writing-desk, and this is the table cover.
Cross-examined by MR. LEWIS (For Burrows). Q. Is there any mark upon that table-cover? A. No; but I am sure of it—I identify it by the pattern—it is not the only one of that pattern that has been made, but there are not many—I have not seen one like it—there is no mark on it, no more than the wear of it—it has been in my possession twelve months—the desk I swear to.
GEORGE WATKINS (City-policeman, 660). From information I received from 39, Moorgate-street, I went, on 17th February, to 9, Orchard-street, St. Luke's, and found that a house had been broken open there—I searched
the third floor of the house—I found the two prisoners there at breakfast—it was at 12 o'clock in the day—McLeod, a police-officer, went there with me—we told the prisoners that we were two police officers, and had come to search the place for some stolen property—they made no reply—we only saw two rooms on the third floor, a bed-room and sitting-room—we searched the sitting room first—I found a bag of clothes—I said, "What is in that bag?"—Burrows said, "They are clothes; I am a dealer in clothes" I—I said, "Where did you buy them?"—he said, "I bought them in Petticoat-lane"—Richardson had not spoken to Burrows, in my presence, before Burrows iaid this—I suppose we had been there about five minutes when Burrows said this—we had been in the front room up to that time—I believe Richardson left and went into the bed room after this conversation—one or both of the prisoners was in the room during the whole of this first five minutes—Richardson might have said something to Burrows without my hearing it—I did not hear him say anything—McLeod pulled some of the clothes out of the bag and looked at them, and I put my hand in the bag and pulled out a cruet stand—I said, "Did you buy this, too?"—he said, "Yes; I bought them as a j ob lot, in Petticoat-lane, for 11s., and I gave half a crown for the cruet stand"—Richardson, I, and McLeod, then went into the bed-room—in searching the bed I found this bag (produced) amongst the bed clothes—I picked it up, shewed it to Richardson, and said, "What's in this bag?"—that was before I opened it—he said, "Oh, you know what they are; the things will account for themselves"—I untied the bag—there were eight skeleton latch keys in it—I said to him, "When did you use them last?"—he said, "About eight months ago"—he said he meant to throw them away—when I was at th« Itation I received two keys, a screwdriver, and a jemmy from Sergeant White—he was not with us on this occasion—we afterwards went there again in the evening of 12th February—McLeod was with me then—we took both the prisoners into custody in the morning—we did not then shut the rooms up and lock them—Richardson's wife was there, and his sister—in tb* evening I found in a table drawer in the front room, eight files, a pair of nippers, a knife, two screwdrivers, and a small hand vice, which is used for making keys—I also found two bunches of keys of different sizes—they are all here—I had not searched that table-drawer in the morning—I iwwi a quantity of cloth cut up—it is all here (The articles were here produced)—I have heard that Burrows was a tailor—there was nothing there to show it—in a vase on the mantelpiece I found nineteen duplicates relating to wearing apparel—I had not looked at that vase in the morning—I found the cloth pieces in a box which I had looked at in the morning—they were there then, but I had not taken them in the morning—McLeod has got the nineteen duplicates—there are also twenty more duplicates which McLeod found.
Cross-examined. Q. These apartments belonged to Richardson, did they not? A. I am sure I don't know—Richardson told me so—he told me that his father in law lived with him—I don't know that Burrows had only been Btaying there two or three weeks—Richardson said so—he told me that the bed room, in which the things were found, was his bed room, and that Burrows w*s sleeping in the room in which they were breakfasting—I have known Burrows by sight not more than six months—I did not know that he was a tailor by trade—I never had reason to believe so—McLeod has known him longer than I have—when we went in the morning I took Richardson, and McLeod brought Burrows, both at one time.
MR. SHARPE. Q. Did you see any implements of trade, such as a tailor would have? A. I saw a sleeve board: nothing else.
Richardson. Q. You say one of these keys opens the door into Mrs. Weeks' place? just shew it me. A. This is it; there are no more exactly like it—there are others of the same make—I cannot prove these to be patent keys—when we came in, and wanted to go into the back room, you did not say to Burrows, "Go and fetch those things you bought."
COURT. Q. You say one of the keys opens the front door of Mrs. Weeks' house? A. Yes—I have tried it—the lock on Mrs. Weeks' door is one of those latch-locks that any latch key will open—it is a common lock.
MR. LEWIS to LUCY WEEKS. Q. Did you look at the lock or the latchkey hole of your door, after the articles were missed? A. Yes—there were no marks.
JAMES MCLEOD (City-policeman, 141). I was with the last witness on both occasions, when we searched the house at 9, Orchard-street—we were both together—we found the things in the bag, and the keys—in the evening I found these twenty duplicates—I also have nineteen duplicates that were given me by the last witness, thirty-nine in all—there is one, I believe, with regard to a writing desk and table cover—the others relate to coats, scarves, shawls, trousers, and general articles of wearing apparel, and also to diamond rings—I found the twenty duplicates in the pocket of an old coat that was hanging behind the door of the sitting room—I don't know whose coat that was—in consequence of looking at that ticket of the writing desk and table cover, Watkins and I went to Mr. Russell—Mr. Haines, the assistant of Mr. Russell, is here.
Cross-examined. Q. How long have you known Burrows? A. For a long time, by sight—for three or four years, I should think—I know that he is the father in law of Richardson—I heard he was a tailor by trade, but I don't know it myself—I heard it since he was in custody—I don't know him as a professional thief and burglar—as far as I know, he is an honest man—this duplicate was among the twenty that I found in the pocket of the coat, in the evening.
MR. SHARPE. Q. From whom did you hear he was a tailor? A. From one of our men; a policeman.
JAMES HAINES . I am assistant to Mr. Russell, a pawnbroker, of 37, Fore-street—on 20th December I saw Burrows—I had seen him on several occasions before—I knew his personal appearance—on 20th December he brought this writing desk, and table cover (produced), and pawned them, and I gave him that ticket for them—I lent 1l. on them—he gave the name of Bradshaw.
Cross-examined. Q. That is the name in which he has pawned before at your shop? A. Yes, always—I did not know that he had any other name—I do not know that his wife's maiden-name was Bradshaw—I have known him two or three years I think, as having pawned at our shop—I know he is a tailor—he has pledged cloth and redeemed it again, at our shop—as far as I was able to judge, I believed him to be an honest hard working man.
MR. SHAREPE. Q. Has he ever made any clothes for you, or any of your friends? A. No—I have never been to his house—I know he is a tailor, because he has told me so—his address on the ticket is Finsbury-street—I don't know where Orchard-street is.
MR. SHARPE to JAMES MCLEOD. Q. How far is Finsbury-street from Orchard-street? A. Nearly a mile.
Richardson's statement before the Magistrate was here read as follows:—"I plead guilty to having the property in my place in one case, but I know nothing about the tickets whatever: they were not found in my possession
at all. My father-in-law, the prisoner Burrows, had, nothing to do with the robbery that I have pleaded guilty to. He would not have said he bought these articles, had I not told him to say so. He did not know they were there, until the constable came into the place, and I told him to go and fetch them." Burrows says, "I have nothing to say to it. I know nothing at all about it."
MR. SHARPE to JAMES MCLEOD. Q. Have you heard Burrows say anything about having bought these things? A. Yes—he said he bought them in Petticoat-lane for 11s.—Richardson did not say anything to him, that I heard, before he made that observation—he could not have said anything without my hearing it—I did not hear him say anything at all, all the time.
GUILTY on the Second Count.
Richardson was further charged with having been before convicted.
JOHN ARCHER . I produce a certificate—(Read: "Central Criminal Court, November, 1850; Charles Richardson, alias Charles Grimes , Convicted of stealing from the person. Transported for Seven Years.") I was present at the trial—I had him in custody—Richardson is the person mentioned here.
371. JOHN RICHARDSON , and THOMAS BURROWS , were again indicted for breaking and entering the dwelling-house of Sarah Perrett, and stealing therein a brooch, a knife, a pair of spectacles, and a ring; her property. Second Count, feloniously receiving the same.
MR. SHARPE conducted the Prosecution.
GEORGE WATKINS (City-policeman, 160.) (The evidence of the witness, given in the last case, was read over to him, to which he assented.) Amongst the keys I found one that opens the street door of 115, Camden-road-villas—that is the street-door of Mrs. Perrett, the prosecutrix in this case—this (produced) is the key—I tried it myself—it was a latch lock—McLeod found a ticket for a gold brooch amongst the things at their rooms—it was only the key that I found.
Cross-examined by MR. LEWIS. Q. How many keys did you take with you? A. Eight—I found that one of them opened this door—I believe it was a common lock; I don't know—I tried the other four latch-keys out of the eight—none of them would open the door.
JAMES MCLEOD (City-policeman, 141). (The evidence of this witness, given in the last case, was read over to him, to which he assented.) Amongst the duplicates, I found one relating to a gold brooch—that was one of the twenty—here are three duplicates (produced); one for a gold brooch, another for a silver fruit knife and spectacles, and a third relating to a diamond ring—in consequence of looking at those, I went to three different pawnbrokers' shops—I went first to one of the name of Grant—I was shewn a gold brooch there—I afterwards went and saw the other things mentioned.
JAMES RAMSAY WEEDON . I am assistant to Mr. Grant, a pawnbroker, of 70, London-wall—I produce a gold brooch and bracelet—they were pledged with us on 7th February, by Burrows, I believe, but I would not swear—it was in the afternoon—30s. was given on them—I gave this ticket in exchange—they were pledged in the name of Richards.
Cross-examined. Q. You had never seen Burrows before, I suppose? A. Yes; I had—I am not distinctly certain whether it was Burrows—I think I had known him under the name of Bradshaw, but I had not seen him for some time, but I had a recollection of having seen him before.
Chiswell-street—a pair of gold spectacles and a silver fruit knife Were pledged with me on 7th February, about half-past 5 o'clock—they were pledged, I believe, by Burrows—he gave the name of Richards—I gave him 5s. on them—I gave him this ticket.
Cross-examined. Q. Had you known Burrows before? A. No; I don't know that I had ever seen him before—he was in our shop about five minutes.
MR. SHARPE. Q. When did you see him again? A. Not till he was in custody—that was about a fortnight afterwards.
COURT. Q. Did you recognise him as the person? A. I believed him to be the man—I was not quite certain—I believe he is the man.
CHARLES BERESFORD YOUNG . I am assistant to Mr. Anniss, pawnbroker, of 121 Minories—on 7th February, a diamond ring wag pledged there, by, I think, Richardson—he gave the name of John Richards—I gave him 30s. for the ring—I gave him this ticket—it was in the morning.
Richardson. Tou said at Guildhall you thought I was the man, to the best of your belief; that you were not certain. Witness. I was certain you were the man. (The witness's deposition being read, stated. "I produce a diamond ring pawned at our shop on 7th February, for 30s.; I think I took it from the prisoner Richardson; the daplicate which I have now, corresponds with that which I gave.") I am sure now that you are the man—I have since recollected it.
SARAH PERRETT . I live at 115, Canideu-road-villas—on the evening or afternoon of 6th February, I had in my possession a gold brooch, a silver fruit-knife, a pair of gold spectacles, and a diamond ring—they were safe at 5 o'clock—I afterwards missed them between 7 and 8 o'clock; from half-past 7 to 8—at 5 o'clock, all the jewellery was in a dressing-case; the fruit-knife was in a trunk with a quantity of other plate, in a wardrobe-cupboard in my bed room—the gold brooch was in a jewel case on the drawers, in my bed room—the ring was in the jewel case too, and also a bracelet—I had also a great number of other articles of jewellery, very valuable—there was plate and clothes also—the apparel was in the wardrobe cupboard—the things were all in my bed room—I have not calculated the value of the things I missed—in number, they were at least 50 or 100—I really cannot say what the value of the whole of the goods was—amongst the plate there were twenty-six silver spoons, eighteen silver forks, six dessert spoons, four salt spoons, a mustard spoon, all silver—this gold brooch is one of the things that was safe in my bedroom, in the jewel-case, and this bracelet also—the silver fruit-knife and gold spectacles were with them—the gold spoon has had my name erased—I am quite sure the spectacles were also there—the diamond ring is mine—all these things were mine, and were safe there—I believe the street door was fastened at 5 o'clook—all was particularly secure, and there were bells behind some of the windows—my bedroom is on the first floor—anybody going up there, would have to go up a very long flight of stairs—there was a latch lock on the front door—I understand that it was a Bramah—it was a good one—I did not consider it a common kind of lock—I did not put it on myself—I found it there when I went to the house.
Cross-examined. Q. You don't know, of your own knowledge, that it was a Bramah? A. I considered it was; I have understood that it waa—I have never looked at it—I suppose the only reason I have for saying it is a Bramah lock, is from what somebody has told me—the street door was closed at a quarter past 7 that day—I missed my property exactly at 8
o'clock—the door was safe, I know, at a quarter past 7; it was not barred, only shut—I did not see it—I know it, because I rely on the person that went out—I came in myself at 5 o'clock—I saw my servant shut the door then—I never left the dining-room after 5 o'clock—I was in the dining-room till we heard persons, who had been in my bed-room, leave the house—I did not hear the footsteps of anyone—we heard the door slam in a manner that we knew was unusual—I did not hear anybody in my house at all—anybody could have passed my dining-room without my hearing it—there were three persons in the house, between 5 and 8 o'clock; ail down stairs.
MR. SHARPE. Q. Were you in the dining-room all the time? A. Yes; that is on the ground floor—the drawing-room adjoins the street door—you go down a flight of stairs to the dining-room—the dining-room looks toward the street—the three other persons were down below, with me—the servant was in the kitchen—that is adjoining the dining-room, at the back of the house—persons going to the street-door from the kitchen, pass up a flight of stairs—they pass my dining-room door—ordinarily, we can hear a person going out into the street, shut the door—I heard a person of my own family go out between 5 and 8 o'clock, and heard them come in—I had several persons call from 5 to 8 o'clock—the last of those persons, a gentleman, went out at a quarter past 7—nobody else, that I know of, came to the house between that time, and when I heard the door slamming—when I put the key into my lock, I press hard, and there is a spring.
COURT. Q. Did you see those articles safe when you had dressed for dinner? A. I did—indeed I had some on before I came in.
MR. SHARPE. Q. I suppose you instantly went and looked when you beard the damming of the door? A. Yes; and I went and looked, and saw that these things were gone.
COURT. Q. Do you recollect shutting your bed-room door when ycm came down to dinner? A. I do not recollect that we did—wo do not always do it—I have two locks on the street-door now—this was the key of the lock.
The former conviction of Richardson was again charged and proved, as in the last case.
RICHARDSON—GUILTY.**†— Penal Servitude for Life.
BURROWS—GUILTY.— Fifteen Years Penal Servitude.
JOHN ROBSON . I am a bombardier in the Royal Artillery, now on furlough—on 28th March, I was in a pnblic-house in Shoreditch—I don't know the name of the public-house—while there, my handkerchief, with 9l. 10s. in it, was taken from my bosom—the prisoner Smith was the man that took it—he snatched it from me, and ran out—I attempted to ran after him, but was interrupted by Crawley—I am sure he is the man—he shoved me into the room, to prevent me getting out—the two prisoners then both ran away; and I did not know where they were till I met the police-officer, and told him about it—I was sober at the time—this (produced) is the handkerchief, I am quite sure—I cannot identify the money.
Cross-examined by MR. TAYLOR (for Crawley). Q. Did you know Crawley at all? A. No; I never saw him before—I only know Smith by coming home on board a ship with him—I had seen him before, on the 27th, when
we were discharged at Gravesend—that was the day before the money was taken from me—I happened to meet Crawley at this public-house.
COURT. Q. Have you any doubt about Crawley being the man who stopped you? A. Not in the least.
JOHN GILROYS (Policeman, G 126). On 28th March, I received some information from the prosecutor; in consequence of which, I went in search of the two prisoners, by the description he gave me—I did not know them at all—I apprehended them in Shoreditch—I watched them coming out of Magpie-alley, till they got into a cab, and paid the cabman; I then got up to the cab, stopped it, and told them the charge against them—Smith told me he had got the money upon him—he did not give me up any money—we went to the station—when I searched him there, I found 8 sovereigns and a penny on him—I got a handkerchief from Charles Minn.
Smith to JOHN ROBSON. Q. Do you remember losing any money in Leadenhall-street? A. I do not remember anything of the sort—I lost no money at all.
JOHN GILROYS (Cross-examined). Q. How soon after the occurrence at the Norfolk Arms was it that you apprehended them? A. Between half an hour and three-quarters—I saw them coming out of Magpie-alley—that was the first I saw of them—the prosecutor had given me a description of them.
CHARLES MINN . I am a labourer, and live at 13, Red-Lion-square—on the evening of 28th May last, I was standing against the Standard Theatre and saw the prisoner Smith chuck out this silk handkerchief from the cab—I picked it up and gave it to the policeman—I saw it in Smith's hand as he was coming along—I saw him in the cab—I did not see him get in.
Cross-examined. Q. Was the constable there when he threw it out? A. Yes; he threw it out behind the constable's back—the constable was standing with his back towards him, and when the cab was coming along Smith threw it out—that was after the constable had spoken to them—there was nobody else in the cab besides those two.
COURT. Q. Did you see the second man in the cab? A. Yes; it was Crawley.
Smith's Defence. We met with Robson in Leadenhall-street, after coming out of the East India House; he had this money in his hand; he asked us into a public-house kept by a namesake of his, Robson; we had two glasses of rum each, and he told us he wanted to go to Shoreditch Station; we said we would go there as soon as we had finished our business in the East India House. When we had got our business settled, we came down and had two glasses more each; a glass of rum, and brandy. We then took a cab and went up to Shoreditch, and went into the Norfolk Arms, a public-house there; we had a pint of rum there; there were five of us; Robson, this man's name-sake, had the handkerchief and money in his hand; he handed this Robson the money and told him he would not keep it for him any longer: he said to me, "Here, Tom Smith, take care of this till to-morrow morning;" I took the money; I had it in my hand; I sat there about 10 minutes after I got the money; there were a good many there: Crawley went out of the house, and I followed him out; when I got out I could not see Robsou, so I said, "Let us go down to the East India House;" we took a cab and I said. "I had better put this money in my pocket." I did so; I had the handkerchief in my hand; my arm was hanging over the window, and I dropped the handkerchief. I was then taken by the police; the money he got as correct as he gave it to me.
COURT to JOHN GILROYS. Q. In what state was the prosecutor? A. Quite as sober as he is now—Smith had had a little; but Crawley was quite sober.
SMITH— GUILTY — Confined Three Months. CRAWLEY— NOT GUILTY .
Before Mr. Baron Channell.
MR. DOYLE conducted the Prosecution.
SAMUEL PRIEST . I am a gardener and live at Plaistow, in Essex—I had a child named Ann, she was two years old—on 1st February, I was at work in the road, about seventy or eighty yards from my house—I was engaged with other persons to fell trees—between the tree where I was and my house there is a bend in the road—I could see my cottage quite plainly—about five or six yards from where I was, the road is straight—whilst I was at work I saw the two prisoners—Hollamby was on a white pony and Ellis on a dark one—they were going towards Plashett—about half-an-hour later, between 11 and 12 o'clock, I saw them returning, and they were mounted on the same ponies—I cautioned them, as they were coming very fast—they appeared to me to be racing—before they returned an elder child of mine had come to me for the chips and had goue back again, and I suppose had left the gate open, and this little child Ann had come out into the road, and when the prisoners came up I called to them to slacken their speed, or they would ride over my child who was in the road—the other child, Ellen, had got to the house at that time—I saw Ann in the road at the time—I called to the boys—after I cautioned them they went on, and Hollamby's pony knocked the child down, and Ellis's pony rode over the child—I saw it quite plain from where I was.
Cross-examined by MR. TINDAL ATKINSON. Q. Are you quite sure you are right in saying that you saw the child? A. Yes; I don't know that I have said that I did not see the child in the road at the time that I gave the lads the caution—if I did it was not correct—my house lies off from the road—there is no footpath—there is a ditch with water in it that comes rouud by my house to the road—there was water there, and that is continued on to the other side—perhaps the little child had been able to go by itself for about six months; I don't know exactly—my wife was at home; she had not been out for some time—my eldest child is about five years old, and I have one more that my wife was confined with at the time—there is a gate that cuts off the communication from my place to the road—that gate was open—the door of my house was open when I went back—I don't know whether the door was closed when the child came out—it certainly was not my habit to let that little child go out by itself.
Cross-examined by MR. SLEIGH. Q. I believe Ellis's father has done every thing that he could? A. Not so much as he might have done—who paid the five guineas to the doctor—the road had been gravelled some time before—it was rough, and I believe Ellis was driving in the cart-rut to get free from the gravel stones—the child fell towards the rut, and I saw him go right over the child—the child was knocked down close by the cart-rut—I was very much upset about this.
Q. When you halloed out was not Hollamby behind Ellis's pony, and did not Ellis pull up immediately on you halloaing out? A. Yes, he did; he slackened his speed; and upon his pulling up, Hollamby's pony passed Ellis's and knocked down the child—I suppose the pony's hind feet knocked it down by what I could see—I saw the little thing on the ground knocked down before Ellis's pony reached it—it was knocked towards the rut in which Ellis was riding to avoid the gravel—there was a fence between me and the road—the tree I was felling was inside the fence—I did not hear the poor child scream.
Q. You say Hollamby's pony knocked the child down: did you see the leg of Ellis's pony touch the child on the ground? A. The child moved as the pony went over it—it appeared to be struck—I could not say that it was, but there is no doubt about it—Ellis went clean over it—I saw the child move as the pony went over it—I can't say that I noticed Smith at the time—I afterwards saw him.
MR. DOYLE. Q. You ran back to your house? A. Yes—the child had not been taken into the house—Mr. Smith had the child in his arms when I got back—the child turned its eyes and looked—when Ellis's pony went over it, I saw the child move—it was just as though the child was kicked by Ellis's pony.
COURT Q. How long had you been at work felling that tree? A. All the morning—I was outside the fence when I cautioned the lads when they were passing me—I went to work again after I cautioned them—I had seen the child in the road before I cautioned them—that was about ten minutes before—the child was coming towards the tree—Ellis drew up, and Hollamby passed him—they were riding nearly abreast—they were pretty close to each other.
CHARLES DOCKERELL . On 1st February, I was at work with the last witness, felling trees—on the road leading to his cottage, I observed the two prisoners on two ponies, they were coming back from Plashett at a very fast pace—they were galloping—I heard Priest call to them to mind to slacken their pace, or they would be over his child—Ellis did slacken his pace, and Hollamby passed by him, and Ellis followed him again at full speed—he went at the same pace as when I first saw him—I saw the child knocked down by Hollamby's pony, and Ellis's pony rode over it—I can't say whether Ellis's pony touched it.
Cross-examined by MR. TINDAL ATKINSON. Q. Were they very small ponies? A. Not very small I should think; they were thirteen hands high—there were no houses between where I was at work, and Priest's cottage—I was out in the road.
WILLIAM MAHONEY . I am a labourer, and live at Plaistow—on 1st February I was at work with the last two witnesses—I saw these two lads coming on their ponies; they were both galloping—Priest called to them, he said, "Stop, my child is in the road; you will be over it"—Holliugsworth kept on, but Ellis pulled up, and then started on again to follow—I saw the first pony knock the child down, and Ellis's pony went over it—I did not see it touch it.
WILLIAM SMITH . I am a builder—on 1st February I was in the road or lane near Priest's house—I saw these two lads coming towards me—they were mounted, and were galloping; and when they had passed me, I turned myself round to look after them—I did not see the child before I saw them—I had passed Priest's house—the first horse appeared to have knocked the child down—I did not see the child knocked down, but I saw the last pony
pass deliberately over the child—the pony was galloping—I thought the last pony struck the child, but it might only have touched it's garments, or it's little straw hat—I went and picked up the child, and gave it to Mrs. West—I looked at the child to see what was the matter with it—when the hat was removed, there was a wound on the head.
Cross-examined by MR. TINDAL ATKINSON. Q. On which side were you walking? A. On the opposite side to the child, which was not far from the cottage—there is a little bridge over a ditch—I did not see the child till after the accident had occurred—I know Hollamby—I never heard anything against him.
Cross-examined by MR. SLEIGH. Q. You were going one way, and the pomes another? A. Yes—the ponies attracted my attention, and I looked round after them—I was about four yards from the child—I can't say the leg of the pony struck any part of the child's body, or whether it was the clothes; it lifted the clothes.
MR. DOYLE. Q. You did not see the child till the moment the accident happened? A. No—I can't say whether it was in the road or not, before.
COURT. Q. When you passed the cottage, it was on your right side? A. yes—I was walking on the opposite side—I was nearly opposite the cottage.
COURT to WILLIAM MAHONEY. Q. Did you see the child in the road, at the time Priest called out, and said, "My child is in the road?" A. Not just then I did not—I was noticing the ponies, and then I looked down the road and saw the child—I did not see it before the ponies got up to it.
CAROLINE WEST . My husband is a labourer—we live at Plaistow—on 1st February I was at Mr. Priest's, nursing his wife, who had "been confined—I was in the house, and saw the ponies go by very fast—they were galloping—I did not see the child knocked down—I had seen the child from five to ten minutes before, by my side—after the ponies had passed, I went out to look for the child; I saw her lying in the road, from four to five yards from the gate leading to her father's cottage—Mr. Smith was by her—I went down to the gate—Mr. Smith handed the child to me—she was insensible from a wound on her head—I took her to Mr. William, a surgeon, and he attended her—she lingered three weeks and three days, from the 1st to the 25th of February.
Cross-examined by MR. TINDAL ATKINSON. Q. You had seen the child ten minutes before? A. Yes; she was by my side—she could get out, by the door being left open by the eldest child—I would not have allowed the child to have gone outside the gate—I had no idea of it—Hollamby; and Ellis both came back when they were called—Hollamby's mother assisted in attending the child—she was there two or three nights, and she brought several things for the child.
HENRY WILLIAMS . I am a surgeon at Plaistow—on 1st February, the child was brought to me—it had a scalp wound—it was such a wound as might have been produced by a kick of a pony, or by a fall—it was on the right side of the top of the head—it was a part that might strike the ground, if the child fell on it's back or its side—I dressed the wound, and attended the child up to the time of it's death, and afterwards made an examination of the body—the cause of death was the suppuration of the brain, caused by the fracture.
Cross-examined by MR. TINDAL ATKINSON. Q. What is the character of Hollamby? A. Very good—there was another medical man attending the child—everything was done by the parents of these boys.
WILLIAM BEACH (Police-sergeant, K 6). I have measured the ground where this took place—the place where Priest and the other man were was 73 yards and a little over from where the accident happened—persons there could have seen a child on the road.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
THOMAS MILTON . On afternoon of the 6th March, I was walking down East-street, Barking—I saw the two prisoners about 20 yards from Mr. Blewett's door, and one of them was trying to conceal something under his coat—a part of it was hanging down—I went to Mr. Blewett's and gave information—his house is in the main street, and it has a passage—I then went after the prisoners and found this coat under a baker's barrow; Mr. Blewett's servant said it was her master's coat, and I gave it her.
RICHARD FIELD I am a chemist, and reside at Barking—on the afternoon of 6th March, I was in Barking, and saw the two prisoners—one of them was carrying oil-skin table-covers under his arm, and there was something hanging down, which they threw under a barrow—I was nearly 100 yards from them—it looked like a coat, which I found it was—they threw it under a barrow and then ran away, and took to the New-road—I went on and saw several persons, and after running nearly a mile and a half, I saw the prisoners stopped, and I identified them—they had the oil-covers then on their shoulders—they were the same persons who had thrown away the coat.
Cross-examined by MR. DICKIE. Q. You can't say which threw the coat? A. No, they were both in company, and one of them was carrying the coat—I don't know which, they each had a roll of oil-covers.
GEORGE PALMER (Policeman, K 25). I received information from the last witness on 6th March, and went in pursuit of these prisoners—I came up with them in Whiteport-lane near the railway-station—I said, "I want you on a charge of stealing a coat"—each of them said, "I know nothing about it;" the last witness was by me, and I appealed to him as to their identity—he said yes, he was quite certain of them—I received this coat from Mr. Blewett's servant—I was present when Mr. Blewett went to the station—he saw the prisoners, and he said he thought they might amuse themselves better than by stealing his coat—I believe it was Furlong who first said, "I am very sorry for it," and then Ross said, "I am very sorry for it."
Ross. I said nothing like it; I said I was very sorry we were detained there.
CHARLES BLEWETT . I am a farmer, and resided in East-street, Barking, at that time; I now reside at Ilford—this coat is my property—I saw it safe about 10 minutes before 3 o'clock on the afternoon of 6th March—I then went to London; I returned at 6 o'clock in the evening—I missed the coat and gave information at the police-station—I there saw the two prisoners—I said to them, "I think you might have amused yourselves much better than in stealing my coat"—they each of them said they were sorry for it.
MR. BLEWETT (re-examined). I had only one coat similar to this—I have not left that coat at home. Furlong's master gave him a good character.
FURLONG— GUILTY .
ROSS— GUILTY .— Confined Six Weeks.
Before Robert Malcolm Kerr, Esq.
EMMA LAMBERT— PLEADED GUILTY .*— Confined Twelve Months.
MR. WAY conducted the Prosecution.
MARY ANN WEBB . I am the wife of Frederick Edwin Webb—Lambert is my niece—about six weeks ago I saw a 5l. note in an envelope in a drawer in my room, in my sister's house, which is the house of the prisoner's mother—I missed the note a fortnight after I saw it—I know the number of it—this (produced) is the note; No. 89,998—I afterwards went to the house of Heritage, and asked her whether Lambert was there—she said no, she had not seen her—I asked her whether she had not been there all night, she said "No"—I asked her whether she had been purchasing any new things—she said no, she had not—she said what new things she had got in the house were what she had bought for her and her two daughters—she said she knew nothing aboutit, nor had she seen her spend any money at her place—I asked her if she had seen Lambert with any money, and she said she had not—I told her what she had robbed me of, and she said she did not know anything at all about it—I fetched a policeman and she still said she had nothing—the policeman searched and found a lot of new things in the place—Lambert said she had given her a sovereign—I told Heritage what Lambert said, and she did not deny it—she gave up a half-crown of the money—she said she paid 10s. 7d. where she changed the note, and 10s. the girl gave her when she came back—she did not say the name of the person.
Heritage. Q. Did you, before the Magistrate, say you knew the note from something that was written on it? A. I said some other note had something written on the back, and I did not know whether the one that was changed had anything written on the back.
ESTHER CHILTON . I am the wife of Thomas Ohilton, an eating-house and beer-house keeper at Plaistow—on 13th March, Heritage brought this 5l. note, and tendered it in payment for a bill of 10s. 7d. that her husband owed me—I took the note and went up-stairs to fetch down the change for her; I found I had not sufficient—I applied to my next-door neighbour, Mr. Bradbury, who changed it for me—Heritage said that she had a sister who had died, at Pontefract, in Yorkshire; that her sister had left her a legacy, and that the 5l. note was an advance of that legacy.
COURT. Q. Had you asked her how she got the money? A. No; she said, "No doubt you feel surprised to see me with the note;" or words to that effect—I can't say exactly—I recognise the note by my own signature at the back.
EDWARD GAMBLE (Policeman, K 49). On 22d March I was called in to Mrs. Webb's, about the loss of a 5l. note—I went there, and saw Lambert—she was given into my custody for stealing a 5l. note—she denied having stolen it—I then sent for a constable to look after her, and I went with Mrs. Webb to the house of Heritage—Mrs. Webb asked Heritage if Lambert had been at her house—she said, "No," she knew nothing about it; she saw her pass there—Mrs. Webb then said that Heritage was worse than her niece for encouraging her, as she had robbed her of a 5l. note—this was in the presence of Heritage; who was then given into my custody for being concerned—I asked her if she had received any money from Lambert; she said no, she had not; not a farthing—I then asked her if she had got any
clothes in her place belonging to Lambert—she said, no; what new things there were in the house, she had bought with some money, 10s. that she had received from some friend—I then searched the house, and found a pair of new boots concealed in the back-room up-stairs under some matting; and I found the skirt of a new dress; it was brought to me by Heritage's little girl, who stated to me that it was Lambert's—I found a pair of sleeves in a drawer in the front parlour, and two jackets—I also had a bonnet brought to me by Heritage's daughter; I told Heritage she must put her bonnet on and go with me—she put her hand in her pocket, and gave me a half-crown—I said, "Whose is that?"—she said, "That belongs to Lambert; she gave it me to take care of"—I then received 2s. 4d. from Heritage's daughter—the daughter is fourteen years old—I then conveyed the prisoners to the police-station—on the way Lambert said, "I did take the note"—Heritage was about a step before me then—she might have heard what Lambert said—I told Lambert she must mind what she was saying as I might say it against her—she said she did not care, she would speak the truth—she said, "I did steal the note"—I did not then tell Heritage what Lambert had said—Lambert also said, I gave it to Heritage to mind for me; she had it a month; she went and changed it, having a beer score to pay—I can't say whether Heritage heard that—she did not say anything—I can't say whether she could have heard it—she was not above a yard and a half before us—she might have heard it—I never told Heritage afterwards what Lambert had told me—I gave it in my evidence before the Magistrate—I found some more things in a woman's house named Mayne, bought by this money—I took Mrs. Mayne also to the station—Heritage heard the statement Mrs. Mayne made about those articles—they were all together—Mrs. Mayne stated that the girl came to her house and stated that she had left her situation and was going to another, and would she assist her in making up her things.
HERITAGE— GUILTY on Second Count. — Confined Twelve Months.
Before Mr. Common Serjeant.
MR. MC. DONALD conducted the Prosecution.
THOMAS WATKINS . I am a waterman, and reside at Greenwich—the prisoner is my brother—On Saturday, 3d March, at noon, I went into the Union public-house at Greenwich; my brother came in a few minutes after me—on his entering the room I observed that he looked very pale, and from his former threats I began to think it was time for me to go out of the room; but before I had time to do so, or to finish my conversation with a gentleman who was there, my brother called for a glass of gin and water—I had previously called for a glass of stout; the two were brought in together; mine was put on the mantelpiece, my brother's was put into his hand—he drank part of it, and then aimed the glass at my head, and the rest fell out of the glass—he aimed it at my head with all his vengeance, as hard as he could, and inflicted two very heavy wounds on the upper part of my head—not a word had passed between us—I fell senseless, and when I recovered I was bleeding in the corner of the room—the landlady sent for a doctor.
MR. DOYLE for the prisoner here stated that he could not resist a verdict of unlawfully wounding.
GUILTY of unlawfully wounding. The prosecutor stated that tlie prisoner had assaulted and threatened him on several occasions, but that he had no desire that he should be punished; all he wished was to be protected from violence.
To enter into his own recognizance in 50l., and find two sureties of 25l. each, to keep the peace for two years, and to appear for judgment if called upon.
MARY ANN BROWN . I am a widow and a laundress, of 12, Hill-street, Woolwich—On Wednesday, 7th March, I hung out to dry, three flannel-shirts, two pairs of drawers, and a petticoat—I saw them safe at half-past 8, heard the gate slam at 9, and then missed them—these are them (produced)—I gave no one authority to take them off the line.
ROBERT BURGE FISHER . On 7th March, at a little before 9 at night, I heard Mrs. Brown's gate go, heard her call out, and saw that the things were gone which I had before seen hanging on a line—I ran out to the gate and saw the prisoner run up the street with the clothes under his arm, rolled up loosely—he was dressed the same as he is now—I saw his face as he turned round to see if I was coming—I called out "Stop thief!" and saw him drop the clothes—I did not stop, but followed him into the King's Arms public-house—he ran into the tap-room—I saw his face by the gaslight as he entered, and am sure it was the prisoner—I did not lose sight of him—I fetched the piquet and gave him in custody—these (produced) are like the things he propped—he was twenty or thirty yards from the gate when I first saw him.
RICHARD GARDNER . I am a marine-store dealer, of 24, Ell-street, Woolwich, about mid-way between Mrs. Brown's house and tie King's Aims—On 7th March, about half-past 9, I saw the prisoner running towards the King's Arms in a direction from Mrs. Brown's—he called out "Stop thief!" as he passed me—he dropped the things just as he got to me—I told a person to pick them up and saw him do so—I believe these are the same things, and am sure the prisoner is the man who dropped them—I was out in the street when he passed me.
JOHN NEWELL (59 R). On 7th March, about half-past 9 at night I went to the Marine-barracks, and the prisoner was brought to the station by an escort and given in custody—he was charged with stealing these things in Hill-street—he said that he was never in Hill-street; he was at the Shamrock beer-shop—that is in a different direction altogether.
GUILTY .— Confined Six Months.
378. ALFRED BUTCHER (18), and ALEXANDER BINCKLEWOOD (19) , Stealing 11 flower-stands and 1 piece of iron, the property of John Wilson Newhall; also, 120 lbs. of lead, value 30s. the property of Mary Edwards; Bincklewood having been before convicted; to which
BUTCHER PLEADED GUILTY .**— Confined Twelve Months.
BINCKLEWOOD PLEADED GUILTY .**†— Four Years' Penal Servitude.
Before Mr. Baron Channell.
PLEADED GUILTY .— Confined Three Months.
Before Robert Malcolm Kerr, Esq.
380. GEORGE SIMMONDS (31) , Feloniously forging and uttering an order for the payment of 4l. 17s. 6d.; also another order for 4l. 17s. 6d.; also another order for 4l. 17s. 6d.; with intent to defraud; to which he
PLEADED GUILTY .— Six Years' Penal Servitude.
PLEADED GUILTY .— Judgment Respited.
382. GEORGE BROWN (40) , Stealing, as bailee to Henry George Murray, 2 watches; also stealing, as bailee to John Skinner Long, a watch and chain; having been previously convicted of felony; to which he
PLEADED GUILTY .*— Six Years Penal Servitude.
There were other indictments against the prisoner.
EARLY.**†— Six Years, Penal Servitude.
THORN.†— Confined Twelve Months.
MR. LANGFORD conducted the Prosecution.
WILLIAM FEATHERSTONE . I am a beer-house keeper of Woolwich—about half-past 4 o'clock in the afternoon of Tuesday, 13th March. I was at the Inverness Arms beer-shop, at Plumstead, in Kent—I was standing in front of the bar—the door of the tap-room was wide open, and I could see in—I saw Robert Ford lying asleep—I saw Holland in the tap-room, standing before the bar—I do not think anybody was with him—there was an old gentleman there reading the paper—I don't think he had anything to drink—Holland had some half-and-half with a man that came out of the street; a man that was working outside, and came in in his shirtsleeves—they had a pot of half-and-half—the man then came out, and Holland after him—the old man that was reading the newspaper was sitting in the same room—I saw the prisoner take the watch out of Ford's righthand pocket; not the guard—I won't be sure whether it was from the waistcoat or not, I would not swear—I saw the watch—I think it was silver—I was some little distance off; it might be three or four yards—I did not see his hand go towards Ford without a watch; but I saw it come, and it came away with one—then Hol'and went into the street—I went out to the door and watched him to the bottom of the street, and there I lost sight of him—I saw him afterwards near Beresford-square, about a quarter or half-past 5 o'clock—I followed him to the bottom of Inverness-place—the Inverness Arms is about the middle of the street—I saw him meet Ford and speak to him—I did not hear what they said to one another then—they came back again into Wool-wich, and another man with them—I joined them—Ford spoke to me, in the presence of Holland, about his having lost his watch—Ford took Holland into the Burridge Arms to give him something to drink—I said that Ford need not go far, for the man was there that had got his watch—I asked Ford whether he was going to give Holland in charge—he spoke to Holland, and Holland said that he would go and get his watch, that he would make the watch right for him, he would get it for him again if he did not give him
in charge—I then asked him whether he would give him in charge or no, and he said, no; if he would give him some recompense—he would not come to terms with him, and so I went for the constable—I saw the constable take Holland into custody—the constable asked him what he had to say about the watch—Holland did not say that he had not had it—he never spoke to the policeman at all.
Prisoner. Q. When the Magistrate asked you whether you ever heard me say that I would make some recompense for the watch, did not you say that you did not hear anything at all about it; that you did not hear the words? A. No.
MR. LANGFORD. Q. The old gentleman was in there all the time? A. Yes; we left him there.
COURT. Q. He is not dead since, is he? A. Oh, no; I could have stopped the prisoner with he watch when he first took it, and asked what he bad taken it for; but I thought perhaps they were two friends, and he took it to take care of because the other was intoxicated—the landlady said they were not friends, and, of course, I went after him.
ROBERT FORD . I am a labourer of the Royal Arsenal, at Woolwich—On the afternoon of Tuesday, 13th March, between 4 and 5 o'clock, I was in the tap-room of the Inverness Arms beer-house, at Woolwich—when I went in there I had a silver watch—when I came out of the tap-room I had not got my watch with me; only the guard and the ring—I have got the ring now—I do not know who took the watch—when I woke up I found it gone—I do not know how I lost it—it was broken off—it was safe when I went to sleep—I was a little the worse for drink—I don't know how long I was asleep—I met Featherstone, later in the afternoon, at the Burridge Arms, where he told me that Holland was the man that took the watch—I asked Holland if he had got it, to give it me, or to give me some recompense for it—he said to the other man, "Will you make it right with him for the watch?"—the man said, "I don't know"—Holland told me he had planted the watch—when the witness went for a policeman Holland ran away from me, and I ran after him—he said, "Don't give me in charge, I will make it right with you for the watch; I have planted it"—when the policeman came I gave him in charge—he did not say anything else to me about the watch—he did not deny having taken it.
Prisoner. Q. Do you not recollect stopping me in the Plumstead-road? A. Yes; I stopped you to ask after a man that had gone by—you said, "What's up?"—and I said, "I have lost my watch"—I told the other man we met that I had lost my watch—you said, "Let us go into the Burridge Arms and have a drop of beer before we go and look for it"—I did not know the man we fell in company with—I do not know whether the tap-room wae open for every one while I was asleep—the watch was in my pocket when I went to sleep—you said that you would find the watch.
JOSEPH MOSS (Policeman, R 151). On 13th March, soon after 5 o'clock in the evening, I came up to where Ford and Holland were, in Woolwich—Featherstone came for me to where I was standing—when we came to where they were, the prisoner had run away, and Featherstone and I ran up the Burridge-road together, and I took the prisoner into custody—I asked him what he had to say about the charge made against him of stealing Ford's watch—he would not speak—I repeated the question two or three times
and he answered nothing—I have made inquiries about the watch; but could not find it anywhere.
COURT. Q. He never said anything? A. No. The witness' deposition being read, stated: "I took the prisoner to the station, and he then said he had not the watch"—When he got to the station, he said he never had the watch—that was the first time he said it—I told the magistrate that he said that—he was searched and I found a pawn ticket for a pair of trousers—I have not got it here.
Prisoners Defence. On the 13th of last month I went into this house; I was told to go in by this man in the street to have a drink of beer with him: he came in after me and we had a pot of beer. I came out again; if he saw me take the watch why did he not stop me; and when I met the man that lost the watch, if I had got it, should I have gone down the road with him again to look for it? I should have tried to get out of his way. He said, "Have you seen a man with a white jacket going down here, as I have lost my watch?" I said, "No; but I will go with you and look for it," and he took me into the Burridge Arms, and then I was accused by Featherstone. I get my living by working hard.
NOT GUILTY .
385. JOHN BELLINGHAM (14), ROBERT MELLUISH (28), and HENRY JOHNSON (27) , Stealing 40lbs. weight of pork, value 28s., and 40lbs. weight of beef, the property of Henry Wilson, the master of Bellingham and Melluish. Second Count charging Melluish and Johnson with receiving.
BELLINGHAM PLEADED GUILTY.—Recommended to mercy — Confined Three Months.
MELLUISH— PLEADED GUILTY .— Confined Six Months.
MR. LANGFORD conducted the Prosecution.
HENRY WILSON . I am a butcher at Deptford—On Saturday, 17th March last, I went to the police-station at Greenwich and saw police constable Smith—I saw there four bellies of pork salted, a round of pork salted, a buttock of beef salted, and half a buttock; they were pointed out to me by Smith—they were my property—I know them by the peculiar way in which they are cut—I can't say when I had these four bellies of pork in my possession, or when I lost them—I looked at the round, it was mine—I know it by the wav it is cut—I saw the buttock of beef, I cannot swear to that.
COURT Q. Did you ever sell them? A. No; they could not have been sold by any of my men—I have a salesman, he could not have sold the four bellies of pork, because we always sell them in pieces—it is a very uncommon thing to sell four bellies of pork.
Cross-examined by MR. GENT (for Bellingham). Q. How do you identify these? A. By the way they are cut—I never saw one cut like that before.
JOHN BELLINGHAM (the prisoner). I was in the service of Henry Wilson of Broadway, Deptford—I had been in his service about three weeks—I never stole four bellies of pork—I don't know anything of them—I stole a round of pork about four weeks ago last Saturday—I took the round of pork from Mr. Wilson's premises, the slaughter-house, and gave it to Melluish; he was in Mr. Negus's yard, that is the next yard to Mr. Wilson's—Melluish is in the service of Mr. Negus, he is a baker—the yards are separated by a wooden fence down the middle—I got 1s. for giving it to him—he gave me the 1s. on the same Saturday—I did not see the round of pork after that—I knew I was stealing it when I gave it him—I took a
buttock and a half of beef same day—I can't say how much it weighted—it was more than 5lbs.—I passed that through the fence to melluish, he gave me nothing for that—I don't know what became of it.
MR. GENT proposted to examine the witness. LANGFORD objected, on the ground that MR. GENT was counsel for the witness who was also a prisoner, and that he had no locus standi. MR. KERR, after consulting MR. BARON CHANNELL on the subject, decided that MR. GENT had no right of examination.
ROBERT MELLUISH (the prisoner). I am a journeyman baker—I was in the service of Mr. Negus, a baker of Deptford—that is next door to Mr. Willson's the butcher—the yards adjoin each other—on Saturday. 10th March, I gave the boy John Bellingham 1s.—I knew he was in the service of Wilson—he gave me a round of pork, and a buttock and half a buttock of beef; not all in one day—I can't say exactly the day—I knew that he had stolen them—I never stole four bellies, of pork from Mr. Wilson—I never had them in my possession—I know johnson, he is a baker, and works at Mr. Martin's a baker at Deptford—that is about five minutes' walk from Mr. Negus'—Johnson lives at 12, Regent street that is about ten Minutes' walk from Mr. Negus'—I have known Johnson four or five weeks—I never gave him four bellies of pork—I gave him the round of pork—I took it round to his place; he gave me the key—he said as I was going to leave my place I might take my things in till I got a situation—I said nothing about the round of pork—he did not at any time say anything to me about the round of pork—I took the buttock and half buttock with the pork—he never said anything about that; he never gave me any money for it—I never showed them to him—one piece of beef was salted when I had it, the other was fresh—I told Johnson I has got the most, and he said I might take it round—the words that I told him were, "Bellingham said if I would give him a half-crown he would give me some pieces of meat for it"—I told him they were the pices that Bellingham gave to me, and he said I might take them round—I said nothing about Newgate-market—the police came to Johnson's on Saturday the 10th.
Cross-examined by MR. BEST. Q. Johnson did not go with you? A. No; he never had hold of this meat at all himself.
HENRY WILLIAM SMITH (Policeman, R 331). I am stationed at Deptford—On 17th March, I received some communication from Mr. Wilson the butcher, after that I went to the house Johnson, 12, Regent-street—I took Johnson from Martin's the baker's-before and taken Melluish; another constable was with me when I went to take Johnson—I told him I wanted him to come round to his house with me, because I wanted to search his house for some beef that had been stolen from Mr. Wilson's—he said. "Very well, I will go with you;" we both went together—I searched the house and found four bellies of pork, a round of pork, and a buttock, and half a buttock of beef—they were all salted, except the half buttock of beef—I afterwards took them to the station—house and showed them to the prosecutor—I did not say anything to Johnson before I found the meat; afterwards, I said, "You know how Melluish came by this"—he said before that, that he had given Melluish the key and told him he could take his things there—I asked him how he came by the pork—he said he had bought it at Newgate-market, the four bellies—he said the piece of beef that was not salted was given to him by Melluish at Mr. Negus's, he fetched it out of the loft—I found at Negus's house half a buttock of beef unsalted, that is where Melluish lives. Melluish said to me when I went to him that Bellingham had given it to him, and a
round of pork and a shoulder of mutton, also, which he asked me to take to his master's—I know nothing about Melluish.
JOHNSON.— NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
JOHANNA FITZGERALD . I am the wife of Michael Fitzgerald, and live at Camberwell—the deceased Bartholomew Courtney lived with me—on Sunday night, 18th March, he came home about 11 o'clock—he was very much intoxicated, and he went to bed the moment he came home—he got up about 9 o'clock the next morning aud had his breakfast, and went out—he returned about 5 o'clock in the evening—he looked very bad indeed; and his trousers and all his things were hanging off him—he was in drink, and appeared to be crying—he went out in the yard and then came in and went to bed—he was in bed the whole of Tuesday—he got up on Wednesday morning and went out—I went to a doctor—the doctor came about 12 o'clock—the deceased was in bed the whole of Thursday—I went to him on Friday morning, and asked him how he felt—he said he felt a great deal better—I said I was going for an order to get him into the House—I went and got an order from the relieving officer—I took it to Dr. Shayler and he signed it—I went to the house to get a chair to fetch him, and when I returned he was dead—he had complained of a pain across his loins.
MARY BIGGIN . I am the wife of Thomas Biggin—we live in Thomas-street, Camberwell—On 18th March, I was outside the Windmill public-house—I saw the deceased coming out, and the prisoner kicked him into the road during the time I stopped—the deceased got up and rubbed his face with his two hands; and on both sides of his mouth there was froth came out—I am sure it was not blood that came out—he stood against the sign-post and rubbed his hand all about his forehead—I was about three or four yards from the prisoner—I have no doubt that he is the man who kicked the deceased—the prisoner was taken away by some woman.
Cross-examined by MR. THOMPSON. Q. What were you standing there for? A. I went to get a candle—I saw a mob, and I stood, like a lot more, to see it—there were a good many persons—I don't know how mauy—in their coming out of the door, the deceased man was first—he was between me and the prisoner—as far as I could tell he kicked him in the thigh.
MARIA BENNETT . I am servant at the Windmill public-house, at Camberwell—I was there on Sunday night, 18th March—I saw the deceased there and the prisoner—I saw the prisoner shove Courtney down—he fell off the kerb into the road on the back of his head.
Cross-examined. Q. There was a mob outside? A. Yes; I did not see the deceased and the prisoner go out—it was after I was out of the house—I saw the deceased fall in consequence of a shove—the deceased
was drunk and very quarrelsome—I was against the side door—they were all out when I came outside the door.
ELIZA GRANT . I live at Camberwell—On 18th March I was at my shop door; which is directly opposite the Windmill—I saw the deceased come out; he was the first man—I could not say that I saw the prisoner; there were so many—there might be thirty coming out—I saw the deceased come out, and he fell on his back—whether he was kicked or not I could not say—I saw some one raise him—I did not see any one having raised him, let him fall.
Cross-examined. Q. Did he fall flat down on his back? A. Yes—I saw him on the Monday, and there were some musicians in the street—their back was against the Windmill—I saw the deceased dancing an Irish jigit was near 1 o'clock in the day—he rather seemed as if he had been drinking—I saw him on the Monday evening between 4 and 5 o'clock, on the cab-stand—he was coming out of the Windmill then—there were two fights that Monday—I did not see the deceased among the crowd—I saw him on the kerbstone when they made a ring—I saw there was a regular fight when the ring was made—they took their shirts off to tight—the ring was made in the centre of the road, and I saw the deceased on the kerb.
MR. MC'DONALD. Q. Did you see him take any part in any fight? A. No; I saw him fall on the Sunday, but I did not see Any fighting, but on the Sunday morning he came into my house, and had a bottle of ginger-beer; and he had a black eye—it was evident he had been fighting.
GEORGE FOX . I am landlord of the Windmill public-house—the deceased was in my house on Monday 19th March, and a man of the name of Donovan was there—I saw Donovan strike the deceased in the face—I could not say whether it was a back-handed stroke, or with the fist; but it was not a violent blow—the deceased was a very harmless man—he would not interfere in any quarrelling or fighting, not to strike a blow—I did not see him on the Sunday night strike or fight any one in my house—I saw him engaged in a noise on the Sunday night.
Cross-examined. Q. On the Monday he was drinking in your house? A. Yes; on and off—he was intoxicated—he left my house on the Monday at the time of the fight, between 4 and 5 o'clock to the best of my recollection—I don't remember seeing him after that time—I saw them quarrelling together on the Sunday evening about 10 o'clock as near as possible—there were, I think, eighteen or twenty of them—I saw them leave the house altogether—Donovan and the prisoner got to blows—I believe they were all intoxicated more or less.
DR. EDWIN SHAYLER . I am a surgeon, and live in Addington-place, Camberwell—I saw the deceased on Wednesday, the 21st March—he was lying in bed and complained of pains all over him—he was in a state of some fever, and had a black eye; not a very severe one—I inquired whether he had been in any disturbance, or whether he had been kicked or jumped upon—he made the remark that he had been kicked or jumped upon in his stomach—I felt his stomach and found it tender—I prescribed some medicine, and it was arranged that he should go into the workhouse, inasmuch as he could have no attendance out of the house—I saw him on Thursday, and found him in nearly the same state-the next morning I received an order from the relieving-officer to attend him—I went to see him almost immediately afterwards, and he was dead—I made a post-mortem examination
on Sunday 25th—he died from inflammation of the lining membrane of the wall of the abdomen—the external surface of the bowels, and one membrane, projected from one part over the other—that appeared to be recent—internal or external causes might produce it—the centre of the inflammation was low down, on the left side of the belly—there the inflammation was much more intense, and some matter was formed—I examined the chest and the head—they were healthy—there was no appearance of any outward bruise.
COURT. Q. Inflammation in this way would come on very rapidly? A. Yes—and it might have been occasioned by natural causes.
JURY to MARY BIGGIN. Q. When you saw the prisoner kick the deceased, where did he kick him? A. On the side about the thigh—I could not say whether it was on the right side or the left.
COURT. Q. Can you not tell on which side he was kicked? A. It appeared to me the right side—the deceased came out first and the prisoner followed him—I did not take notice with which foot he kicked him.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. CLERK conducted the Prosecution.
WILLIAM TOLHURST . I am barman at the Royal Oak, Tooley-street—on 28th February, about half-past 7 in the morning the prisoner came for half a pint of beer—he gave me a bad shilling, which I gave back to him—John Denny, who was in the bar, could hear what passed—I saw the prisoner in custody about two hours afterwards.
JOHN DENNY . I was servant to Mrs. Ryan, on 28th February—I saw the prisoner that day in the Royal Oak—he gave 1s. for half a pint of porter—I looked at it after it was bent; it was bad—he left—I then went back to Mrs. Ryan's, who keeps the Anti-Gallican public-house—she gave me 1s. to get change—I did not see who had given it to her—there was only a woman in the bar, who had a pennyworth of gin, and she paid with a penny-I gave the 1s. up to her—she left and I followed her—she joined the prisoner and a female about thirty or forty yards off, and remained talking with them about five minutes—the prisoner then left the two women and went into Mrs. Ryan's—he was served with two half-quarterns of gin; and Mrs. Ryan gave me 1s. to go out and get change—I found it was bad—I said to Mrs. Ryan, "This is the same man who was at the Royal Oak changing a bad shilling—he said that he had not been at the Royal Oak—I marked the shilling and gave it to a policeman.
Prisoner. Q. How long was it before I joined the female? A. Half an hour after you left the Royal Oak—I do not think I have said that it was five minutes afterwards—I knew the shilling was bad before I went out.
MARY RYAN . I am the wife of Daniel Ryan, who keeps the Anti-Gallican public-house, Tooley-street—I served the prisoner on this Tuesday morning with two pennyworth of gin, between 8 and 9 o'clock—he gave me 1s—I had no change—I gave it to Denny to go out for change, who said, "It is a bad one," and something about the Royal Oak, which I cau't recollect—a constable came with Denny to the door, and the prisoner was taken into custody.
GUILTY .**— Confined Twelve Months.
MR. CLERK conducted the Prosecution.
MARY ANN SPRY . I am the wife of James Spry, a baker of Rotherhithe—on 28th February a young man, who I believe to be the prisoner, came for half a quartern loaf, and gave me a crown—I took it to my husband in the adjoining room, who came back, tried it in a detector, bent it, and said that it was bad, and gave it back to the prisoner—he said, "I took it for my wages on Saturday night at Walworth"—he paid for the loaf and went away taking the crown with him—it was not much bent.
JOHN BULMER . I am a tobacconist of James-place, Rotherhithe, forty or fifty yards from Mrs. Spry's—on 28th February, about 7 in the evening, the prisoner come for six pennyworth of cigars, and threw down a crown—I told him I believed it was bad—he said, "If it is I took it from my master on Saturday"—I called in a policeman and gave him in charge with the crown.
JOHN FREELAND (Policeman, M 122). On the, evening of the 28th February, I was called by Bulmer, who gave the prisoner into my charge with this crown (produced)—he said he got it from his master down Walworth-road, a mathematical rule maker, and mentioned his name—I took him to the station, searched him and found on him 2d. and a tobacco pouch—he gave his address No. 1, Underwood-place, City-road—I went there and found his father and mother—I told him next morning that I had been there, and he said, "I suppose my father has told you everything; I got in company with more, men about a week or ten days before, and went to lodge with them at a lodging house in Keat-etreet, Spitalfields—I have been about several places in London with them—I went home on Monday evening and went back again to lodge with them—they asked me to go out sliding with them—I asked them what it was, as I did not know, they told me it was offering things at shops and giving bad money—I came with them from over the water through the tunnel—I went into a baker's-shop not far from the tunnel—I called for a quartern loaf and gave a five-shilling piece to a woman, who found it was bad, called her husband, who tried it in the detector and gave it to me again—I went to my companions and told them it was bad—they said, "Never mind, here is another—taking this one from me and sending me into the tobacconist's shop for some cigars"—at the time he made that statement to me, I had not heard that a five-shilling piece had been offered at Mr. Spry's.
Prisoner's Defence. I did not know the danger I was running into.
GUILTY.—Recommended to mercy by the Jury, on account of his youth.
Confined Six Months.
MR. CLERK conducted the Prosecution.
MARIA KINO . I keep a confectioner's shop at St. James's-place, Kenning-ton—on Wednesday, 29th February, the prisoner came to my shop at half-past 8 in the evening for two halfpenny tarts—I served him, and he gave me in payment a two-shilling piece—I gave him a shilling, a sixpence and 5d. in copper, change—I gave him a light for his pipe, and he then went out—I then looked at the two-shilling piece; it was a bad one—I then went out and followed the prisoner—he was about five minutes' walk from my house when I first saw him—he was out of sight when I got to my door—I
walked about five minutes from my house before I came up with him in the St. Mark's-road—I then told him he had passed a two-shilling piece—he waa going away, and I collared him: with that he struck me violently on the head—he was standing talking to another man at the time—when he saw me he crossed the road, and I went after him—I told him I charged him with passing a bad piece of money; he said he had never been into my shop, or had never seen me before—he then struck me violently on the hand, on the arm, and on my head with his hand—he then slung me from him and ran away—I ran after him—he ran up Little Bolton-street; there is no thoroughfare there—I caught him and held him till the constable came—I had the florin with me that he gave to me—I gave it to the constable—I am sure the prisoner is the man who came into my shop—when the constable came the prisoner said that he had not been in my shop.
Prisoner. Q. Did I not stay without anybody holding me before the policeman came? A. No; there were two men holding you.
WILLIAM LOUD (Policeman, P 70). I took the prisoner into custody—he was standing by a gate when I came up—there were several persons standing round him, and some person had hold of him by the arm—Mrs. King gave him in charge to me for passing a bad florin, and gave me the florin—I took him to the station—on our way there he said he was in the shop, bought the tarts, and gave her a penny, but he denied all knowledge of the florin—I searched him, and found on him a penny and a pawnbroker's ticket.
COURT to MARIA KING. Q. Did you lose sight of him when he ran into Little Bolton-street? A. Yes, for a moment or two.
Prisoner's Defence. I was walking along on Wednesday night, 28th February, when I heard the prosecutrix call out, "Stop him"—I saw a man running in front of me down this turning—I ran down after him, and when I got down I missed him. There were some palings there, and I heard a noise as if some one had gone over the palings. I deny giving the woman the bad florin.
GUILTY .— Confined Nine Months.
MR. CLERK conducted the Prosecution.
ROBERT ROBINSON . I am a tobaceonist in Lower Marsh, Lambeth—on Friday, 2d March, the prisoner came to my shop for half an ounce of tobacco—he gave me a shilling, and I gave him sixpence and 4 1/4 d. change—he then left the shop—as soon as he had gone I looked at the shilling that he had given me, and found it was a bad one—I kept it about two hours, and afterwards threw it on the fire—it melted away from the top of the fire, and fell through the bars—I showed it to several persons, and tried it with my teeth—it was very soft; it bent when I bit it—on the next day, Saturday, about 1 o'clock, the prisoner came again for half an ounce of tobacco—I recognised him when he came in—I served him, and put the tobacco on the counter—he put down a bad shilling—I asked him if he had got another—I said "This is a bad one;" he said, "Is it?" and put another one down, which was a good one—I then said, "You were here last night;" he said, "No, I was never in your shop before"—I told him I should keep the good shilling for the one last night—I then sent for a constable and gave the prisoner in charge, with the bad shilling he had given me—I called my daughter and asked her if she knew the prisoner, and she said, "Yes, that is the man who came last night"—she is not here—when she said that, the prisoner said it was a d----d lie.
CHARLES DEAN (Policeman, P 383). I was called to the house of Mr. Robinson on 3d March, took the prisoner into custody aud received a shilling from Mr. Robinson—I searched the prisoner in the shop, and found on him one penny in copper, a key, and the half-ounce of tobacco which Mr. Robinson had served him—the prisoner said he had not been there before—the daughter was called in while I was there—she said that he was the man who was there last night; he said it was a lie.
Prisoner's Defence. I was working on Friday at Scotland-yard; there were five of us; the ganger paid us all 6s. 8d. each. I went into this gentleman's to get some tobacco. I had not been there before. I did not know that the shilling was bad. The ganger has gone down to a barge; I don't koow when he will come up, or else he would have spoken for me.
GUILTY .— Confined Six Months.
MR. CLERK conducted the Prosecution.
WILLIAM KEMP . I am barman at the Horse and Groom public-house, Walworth-road—on 25th February, about half-past 4 in the afternoon, the prisoner came there for half a pint of beer—she gave in payment a counterfeit sixpence; I gave her 5d. change—I marked the sixpence that she gave me carefully, and put it on one side, before she got out of the door—I had had information before—I let her go—on the following Saturday, 3d March, she came again for half a pint of beer, and gave me in payment a counterfeit sixpence—I told her it was bad, and bent it before her—I called in the proprietor and showed it to him, and he said I was to seed for Mr. Bell, the inspector—I told the prisoner that she had passed one here last Saturday, and I had broken up one or two before and thrown them on the counter—I told Serjeant Bell of it before, and he told me what to do—I gave him the two counterfeit sixpences which I had received—I had seen this woman come in before, many times—I am quite sure she is the woman who came in both times—she was there the first time about half-past 9, and half-past 4 the other time—I made a mistake when I said half-past 4 the first time.
ROBERT BALL (Policeman, P 39). I was called to this house on 3d March, about half-past 4—I took the prisoner on a charge of passing a counterfeit sixpence—I received two bad sixpences, one which she passed on that day, and one on the previous Saturday—I heard something fall, and found a good threepenny piece; I said, "You have just dropped this money"—she said, "I know nothing about it; I have no small money about me"—she had a good shilling in her right hand—there were two gentlemen fitanding four or five yards off when she dropped the threepenny-piece.
Prisoner's Defence. I was not in the house on this day—I was not near the place. GUILTY .*— Confined Nine Months.
MESSRS. CLARK and POLAND conducted the Prosecution.
EDWARD MCLLOYD (Policeman, F 40). I produce a certificate (Read: "Central Criminal Court, August, 1858: John, Godfrey, Convicted of uttering counterfeit coin, having other counterfeit coin in his possession. Confined Nine Months.") I was present; the prisoner is the person.
came to 3 1/4 d.—he gave me a bad five-shilling piece—I laid hold of him, and he said, "Do not you make any mistake, it is good"—I said, "I am quite sure it is bad"—he said, "Let me look at it"—I did not do so, but went round and shut the door—he tried to get out, but I called my boy, and sent him for a policeman by the private door—the prisoner said, "I will go out this way," going towards the parlour door, but I got before him, and took hold of him; he struggled with me—I called my man, and succeeded in keeping him till a constable came—I gave him in custody with the crown.
JOHN CORNELL (Policeman, C 109). On 3d January, the prisoner was given into my custody, with the crown—I took him to the station—he gave his name John Margett—he was taken before a Magistrate, remanded for two days on 8th January, and discharged on the 12th—I found on him a florin, a threepenny-piece, and sixpence halfpenny in copper, all good—I am quite sure the crown was bad; it has gone to Scotland Yard to be destroyed.
SOPHIA GREEN . I am the wife of John Green, who keeps the Great Britain beer-house, Bermondsey New-road—on Wednesday, 28th February, between 4 and 5 in the afternoon, the prisoner came in with a man named Johnson, (See page 524) who asked for a pint of half and half, which came to twopence, and put down a good half-crown—I took it, and was about to give him change, when he said, "We have coppers, placing his hand as if about to give them, and taking the half-crown back—he turned to the prisoner, and said, "You have coppers, you say, why do not you give them?"—the prisoner, who appeared rather the worse for liquor, began to fumble in his pockets, saying, "Oh, I have some somewhere"—he was some little time, and Johnson said, "None of this nonsense, take the half-crown, and give us the change," giving me a half-crown, which I supposed to be the same—I put it in my pocket, where there was no other, and gave him 2s. 4 1/2 d. change—they drank the beer and left—I afterwards examined the half-crown, suspected that it was bad, and gave it to my son, who went after them.
RICHARD GREEN . I am in the employ oi James Wallace, of London-bridge-tavern, Wellington-street, and am the son of the last witness-she gave me a half-crown, and told me to look after some person—I saw the prisoner and Johnson and a woman together about three minutes' walk from the house, standing outside the King John's-head handling some shillings and sixpences—I think there were two shillings and sixpence—money passed either from the prisoner to Johnson, or from Johnson to the prisoner, I am not sure which—I pointed them out to a constable, who took them all three in custody.
JOSEPH FERN . I was a policeman, but have resigned—on Wednesday, 29th February, the last witness pointed out to me the prisoner and Johnson and a woman—I searched Johnson and the prisoner at the station—I found on Johnson three half-pence, and on the prisoner three shillings and 6d. or 8d. in coppers—the woman was searched and 6d. in coppers found on her; she was discharged by the Magistrate.
Prisoner. Q. When I asked the Magistrate to allow me some money for refreshment, and he asked you what money was found on me, did not you say "2d."? A. No; I said 4s. 2d.—you mentioned to the Magistrate that I had made two different statements about the money found on you; the Magistrate did not say that it did not matter.
Prisoner's Defence. I had been to Bermondsey to Mr. Glover's, an iron founder, and coining back I met Johnson, who asked me to come in and have
something to drink; he tendered half-a-crown, and the woman was going to give him change, he then asked for it back again, and said to me, "Did not you say you had got some halfpence and could pay for it?" I thought he had a good bit of assurance after offering to treat me, so I did not pay it, and he gave her back the half-crown—I had not said that I had got any halfpence—we went down Long-lane and the woman came up and said something to him; he gave her some money, and the prisoner came up and said, "Ton are wanted."—Is it possible I could tell what he had got in his pocket! let him be called up and asked whether I knew he had got it—I expect to be brought in guilty because I have been convicted before, but Johnson ought to be asked the question.
The prisoner called
GEORGE JOHNSON (a prisoner), I did not give you the change of the half-crown I passed—when you met me and I asked you in to drink, you in did not know what I was going to do—you did not know that I had bad money upon me.
Cross-examined by MR. CLERK. Q. Did you plead guilty on Monday to uttering this money? A. Yes; I have never been tried here befow, but have been discharged from the police-court twice—I met Godfrey in Bermondsey, I have known him seven or eight months—I was living in Turn-wheel-street, Smithfield—I do not know where Godfrey lived—I only used to meet him and have a drop of beer with him sometimes—I met him this day near Bermondsey Old Church about a quarter to 4—my wife was with me—she had been to Bermondsey to buy trotters, and I had been to Deptford, and met her at Bermondsey Church before I met the prisoner—she did not enter the Great Britain, because she does not drink, she waited outside while the prisoner and I had a pint of beer—I changed half-a-orown—I gave the 2s. 4d. change to my wife—I swear that—I do not know whether she was searched—I have not heard stated what was found on her—I was not up here last December.
Prisoner. Q. The first time I was before the Magistrate, what money did the policeman swear he took from me? Witness. Three halfpence from me and a halfpenny from you—we asked the Magistrate to allow us something to eat, and he said, Yes, over and above this money," and he sent us in two pennyworth of bread and some water.
COURT to JOSEPH FERN. Q. Did you search the wife? A. Yes; and found on her 6d. in copper.
GUILTY .**— Four Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
MOSES SARGESON . I am in the employ of Enthoven and Sons, lead-smelters of Rotherhithe—on 6th February, about 20 minutes to 9 in the evening I was on their wharf, and saw Holmes and Turnbull go to the pothouse: they could get on to the wharf that way—I went out a short time after, stood on the crane, and saw Holmes standing on a barge with two or three pigs of lead beside him—it was a fine moonlight night—it was short lead, what we call silver lead—there were four or five piles of silver lead on the wharf, close to the crane, one of which was broken down—I saw Vincent on the barge with the pig of silver lead in his hand, going towards Holmes, who stood next the water—Vincent walked from the edge of the barge
nearest the wharf—I stooped down, went into the works, and spoke to John Herbert—I went out with him on the wharf, and saw Holmes standing alongside the water-closet on the wharf; he made a bit of a cough, we stepped up towards him, and he came and asked us where we were going to—we said, "To see the ships going out"—he said, "There are none to-night"—I stepped on the crane again, and Holmes got hold of me to pull me off; I still got up, looked over, and saw Vincent going down into the cabin of the barge, and Turnbull standing on the deck—I said, "It is too cold to stop here, I will go inside"—Holmes said, "Was that you that was out a little while ago?" I said, "No; it was my mate, I think"—he said, "That is all right then," and I went inside—I had seen a mail passenger boat six or eight yards oflf smaller than this boat that goes over the water—I went inside and spoke to the watchman—I had not seen the barge after it was loaded that afternoon—she had her hatches on, covered up with tarpaulin, and was loaded with market lead, something like this—the pigs of silver lead on the wharf were five or six yards from the barge—the place they work in is the pot-house—that is where the lead is melted.
Cross-examined by MR. ROBINSON. Q. How low was the water below the wharf? A. It was low water; the water was ten yards from the wharf—the barge might be about six or eight yards from the edge of the water—it was close to the wharf, touching it, us nigh as she could get—the barge was fourteen or fifteen feet down below the wharf—the crane was on the edge of the wharf, so I should be looking down—when I went to speak to Herbert, I stopped a minute or two, and then we came out together—there might be fourteen or sixteen men at work; we are never sure to two or three men; they are going and coming at all times—the fourteen or sixteen were in the pot-house at work.
Cross-examined by MR. RIBTON. Q. Was the barge to leave that night? A. No; at 1 or 2 o'clock in the morning; that is, the middle of the night—it was twenty minutes to 9, when I saw Turnbull come there—there is one man that always takes the barge away, but I don't know who—there was one man watching the barge, but I don't know who he was—one man assists the watchman in mooring her—these men had nothing to do with the barge—they had not been there loading her that day—they are not in our employment.
MR. ORRIDGE. Q. They are not workmen of yours? A. No; they belong to the lightermen—the barge would float before 1 o'clock, but she had to gtop till high water, to go downwards.
JOHN HERBERT . I live at 153, Rotherhithe-street, Rotherhithe, and am in the prosecutor's service—on the evening of 6th February, I was at work in the pot-house where the lead is crystallized—I went in about 8 o'clock—Sargeson was at work there too—I saw Holmes and Turnbull about half-past 8 o'clock—they were walking through in a hurry—I said, "What's here?"—Holland said they were going to take a barge away—shortly after that, Sargeson came and spoke to me, and we went out on the wharf and got on to the crane, and there I saw Turnbull on the barge that was laying there, and another man going down into the cabin—I could not swear who he was—Holmes was on the wharf then, he said to Sargeson, "What are you doing here?"—Sargeson said, "We have come out to look at the ships"—he said, "There are no ships there"—Holmes said, "Who was that that was out here just now?"—Sargeson said, "It was my mate"—we then got off the crane, and went into the pot-house again—Holmes, when he spoke to Sargeson, just
gave him a bit of a pull, but he got up on the crane himself—Holmes got on the top of the fence, and slid down the guide chain of the crane—that would bring him on to the barge—Holmes said to me, "This is a very awkward way of getting over"—that is all I know of it—persons could not very well, at that state of the water, get up from the river bed, or from the wharf, without that chain, so that a person wanting to come to the wharf, would come through the pot-house—at low water I could not get up myself from the bed of the river—I had not noticed whether the guiding chain was fastened back that night.
Cross-examined by MR. ROBINSON. Q. Did you know these men before? A. Yes; I had known them for some time.
Cross-examined by MR. RIBTON. Q. Was it a moonlight night? A. Yes; there were, I suppose, a couple of dozen men about, crystallizing lead—they were moving about in the pot-house—there are not many go out—it is ten or fifteen yards from the pot-house to the. wharf—there was not a great deal of lead lying about on the wharf—I cannot tell how many pigs there were—there were more than two thousand—it is about ten or fifteen yards from the wharf to the barge—by taking down the doors you can get at oncjs from the barge to the wharf—we put gates along at night, and the guide chain goes over them—I saw Holmes slide down—that is not so bad as getting up—there were a great many little boats on the shore—I did not notice any on the river:—I won't swear there were not any—the next morning was the eclipse—it was full moon that night—the moon was shining full on the river—Holmes made me that answer as he was going there—I don't think he spoke to any of the other men—I knew him as a bargeman—I know a good many bargemen on the river.
MR. ROBINSON. Q. You say the barge was fourteen or fifteen yards from the wharf? A. No; from the pot-house.
MR. ORRIDGE. Q. The two dozen men were not on the wharf? A. No; in the pot-house—the only occasion for going out was when we wanted to ease ourselves—there were no other persons on the wharf outside besides Sargeson and I.
JURY. Q. Had Holmes any business on the premises at that time of night? A. No.
DENNINGTON BEAVER . I live at Albion-street, Rotherhithe—I am watchman iu the prosecutor's service—on the night of 6th February, I saw Holmes and Turnbull come through our premises—I asked Holmes where he had been to—he said he had been to Woolwich, and had just come from there—I asked him what was in the barge at the wharf, and he mentioned so many tons of lead—I asked him if she was going away at high water—he said "Yes"—I knew Vincent—I had not seen him that night then—I saw him afterwards—Sargeson came to me about ten minutes after the conversation with Holmes—he said something to me, in consequence of which I went on to the wharf by myself—I looked over the palings and saw Vincent walking along the barge, and go down into the cabin; and then I saw Holmes, and I believe, Turnbull, in the act of pushing off from the shore in a boat—the barge was about four or five yards from the water's edge—the barge was high and dry at that time—when they started they pulled across the river—it was a bright moonlight night—we could see the face of the moon distinctly—I had spoken to Holmes a few minutes before—I am sure Holmes was one of the men in the boat, and I believe the other to be Turnbull—I was present when Mr. Sparkes the foreman gave Vincent in custody—I merely heard him say that he would give Vincent in charge—Vincent said he had got the wrong man
—I said, "What have you done with Holmes?" he said, "I have not seen him to-night"—I cannot be positive whether anything was said about Turnbull—I believe it was, whether he had seen Holmes or Turnbull that night, and he denied having seen either.
Cross-examined by MR. ROBINSON. Q. Did Vincent say that he had been absent from the barge for ten minutes? A. Yes; I saw his face quite clearly when he was going towards the cabin—I saw him walk from one end of the barge to the other—I had not seen Herbert then—I had seen Sargeson—he was not with me then, he was at the other part of the wharf—I could not see over the palings; I was obliged to go to the end of the palings where it is all open—you can walk from the wharf past the palings and get to a perfectly open space, by going through one of the workshops—I went through there—I was then about fifteen yards from the crane—I was outside watchman—I don't watch the pots inside—I had been on duty since 7 o'clock that night—I did not walk about, I had to keep the wicket-gate; the gate of the premises, leadingfrora the road—that is about twenty or twenty-five yards from the water side—I can see the entrance to the pot-house from there—I cannot see from that gate the way they get out from the pot-house on to the wharf.
MR. ORRIDGE. Q. Did you see the barge that was laden ready to go off that night? A. I did; it was lying close under the palings, and under the crane—I did not see any other men about that part of the wharf that night, besides Sargeson and myself—the pot-house is some little distance from the water's edge.
ABRAHAM FRY . I am foreman to Messrs. Wellcock, of Tower-street, lightermen—we do the lighter business for Messrs. Enthoven and Sons, of Rotherhithe—these three men have been in my employment, doing Euthovens' work, and other work as well—Vincent and Holmes were to work for Euthoven that day by my directions—Holmes was to work at Woolwich—he had not any business at Enthovens' by my orders—Vincent was at the Rotherhithe wharf—he has no right to do business on his own account for Enthoven's—if he were sent to Enthovens' to do any work, I should send him—Holmes was unloading a cargo of lead at Woolwich—Turnbull had net any work at Enthovens' that day by my orders—I should have given him the orders if he had had any—Vincent was the only man there by my directions that day—he had to load a barge of lead for Woolwich, and when the tide served, to take her down—Turnbull had been working for me at the St. Katherine's Docks that day, loading a barge of coffee and wine—I left him at work there covering up the barge—when I left I told him to see everything safe and meet me at the counting-house, at 7 o'clock in the evening—it was then about half-past 4—I went to the counting-house and waited till about half-past 9—he had not been in at that time—I next saw him at my own house at Stepney, about a quarter to 11 o'clock, I think as near as possible—he said he came for his orders—it is not at all uncommon, if they don't meet me at the counting-house, to come to me at my house, if they are late—it is usual when I tell a man to come at 7 o'clock, for him to come—I tell them to come to the counting-house, and if they don't see me there they come to my house, and ask me for orders.
Cross-examined by MR. ROBINSON. Q. How long has Vincent been in the service of Messrs. Wellcock? A. About two years—he has always borne the very highest character—he is not in the service now, but I still employ him on jobs, taking barges up and down the river—the last job I gave him was last Wednesday I think.
Cross-examined by MR. RIBTON. Q. Holmes and Turnbull have been at
work for you also since they hare been out on bail? A. They hare—Holmes had to stay at Woolwich that day—I do not know what time his craft was unloaded—I was told that it was unloaded at Woolwich, and I believe the policeman went down to see if it was correct—I have no notion that it was unloaded early at half-past 5—he would have no business to remain at Woolwich with the empty craft—he knew there was another loaded barge coming down that morning—his would not have to go back again—he would come to me and tell me that the craft was empty—the craft that had been unloaded at Woolwich was the craft that had been sent from Messrs. Enthoven's—he could have had no business, in reference to that, to go to Enthoven's, that I am aware of—I don't see what there could be—Vincent had not anything to do with the craft that had been unloaded at Woolwich—Holmes had charge of all the craft that was at Woolwich, loaded—I can't tell you who took the barge down to Woolwich—it was unloaded on the Monday evening—she had been there four days; but who took her down, I do not know—they came and took samples away first, and afterwards came and unloaded them—I have never known it to happen that the men who unload at Woolwich have any papers to bring lack, to any messages to take to Messrs. Enthoven's—Holmes had nothing to do with the barge Vincent was to take, till she came down to his charge at Woolwich—having to unload at Woolwich it might be matter of curiosity to him to know the exact time she would arrive there; and he could find that nowhere with so much certainty as at the wharf itself—I have been in the pot-house myself.
MR. ORRIDGE. Q. When the barges at Woolwich are unloaded, what is Holmes's duty, with regard to making any report to you? A. He comes up to me at the counting-house, or to my house, to tell me the craft is unloaded—he did not do so on this day—I have not employed them to do any of Messrs. Enthoven's work since—I have been very busy—labourers are scarce on the Thames.
COURT. Q. How long would it take a barge to go to Woolwich? A. Three hours—the barge going down there would not be unloaded immediately it got there—it lay there three days—Holmes would take care of it there—it would be transferred into his custody by the man who took it down.
JOHN SPARKS . I am foreman to Messrs. Enthoven and Sons—I live on the premises—on 6th February they had a quantity of silver lying on the wharf in piles—I do not know the number of piles—there were from 80 to 100 in a pile—this is the sort of silver-lead that was there—these pigs are worth about 30s. each for the silver they contain—I was on the wharf that night between 8 and 9 o'clock—the watchman spoke to me at the gate, and then I pursued my way into the lead works—Sargeson there spoke to me, and I sent for a constable—in consequence of something I had heard, I gave Vincent in custody—he was in the barge at that time—I went on board with the constable—I said to Vincent that I should be under the necessity of giving him in charge in consequence of his having been guilty of stealing lead from the wharf, in connexion with Holmes and Turnbull—he said, "You are doing wrong, Mr. Sparks"—I said, "I am very sorry for it, but from the evidence I have received I feel it my duty to do so; if I did not I should not be doing my duty to my employers"—he said, u I havi not seen these parties to-night"—I noticed the piles of silver lead that night—I did not observe them when I left, but I did when I came into the house—I found them in a very disorganised state; one of the piles, bearing
this inscription, was disturbed, and several pigs of lead were lying about near the centre of the wharf; but this pile was standing a little by itself—the other piles in front and behind had been taken away.
Cross-examined by MR. ROBINSON. Q. Did Vincent say he had not been in the company of the men that evening. A. He said he had not seen them at all—he did not, to my recollection, also say that he had not been in their company—he did not say so to me.
JAMES BOWIE . I am in the employ of Messrs. Enthoven and Sons—on 6th February we were taking a pile of lead down, and five pigs fell off on each side—it was silver lead, similar to this—when I came the next morning I saw that on the side next the furnace there were only 2 left where there were 5 before—it was a very nice moonlight night—the 5 that I found next morning would be in the shade of the moon, those that were missing would have been in the bright light.
Cross-examined by MR. ROBINSON. Q. What time were you taking them down? A. All the afternoon till 4 o'clock—James Ryan was helping me; we left off together—I was first spoken to about this, next morning—we generally prepare sufficient pigs to be melted during the night; it is very seldom indeed that we do not leave sufficient—if the pigs fall off we do as we like about putting them on again—10 fell off together, we counted them—it is all accident how many fall—none fell last Thursday or last Saturday, to my recollection—we could tell next morning which was the sunny side and which was the shady side—I did not hear anything next day about an eclipse.
Cross-examined by MR. RIBTON. Q. Do you know Sparks? A. Yes—I did not hear him complain of the pigs being in a disordered state, or say anything about them—Ryan is here—the pigs weigh from 1/4 of a cwt to 1 cwt.
Cross-examined by MR. ROBINSON. Q. What is your age? A. Eighteen—I was not before the Magistrate.
COURT. Q. Did you see any pigs fall off? A. Yes; on both sides of the pile—I cannot say how many—I counted the pigs next morning, there were five on the river-side and two on the off-side.
THOMAS RYDE . I am in the employ of Messrs. Enthoven—if the men in the furnace want lead in the course of the night it is my duty to take it to them if Mr. Sparks orders it—I was there on the night of 6th February, but no application was made to me for any more lead, and I took none in.
Cross-examined by MR. ROBINSON. Q. When were you first asked about this? A. This morning—I was not before the Magistrate—only me and my mate, Thomas Jones, fetch lead.
THOMAS JONES . I am the mate that the last witness mentioned—my duty is to take lead in to the men when they want it—I was there on the night of 6th Februaryr-I did not take any more lead in—I was not applied to for any more—I provide a quantity of lead for each man at night.
Cross-examined by MR. ROBINSON. Q. When were you first spoken to about this? A. This morning—if I am sent out for a pig, they expect me to bring in one of these (pointing them out), not one of those—I do it by myself—it does not hurt me at all.
Cross-examined by MR. RIBTON. Q. Other men fetch them in besides you? A. Yes, one other, Thomas Ryde—I can't say how many pigs of lead I have fetched within the last six months, they are so many—I am often sent for
at all hours to fetch them—I cannot say how many I have fetched within the last month.
MR. ORRIDGE. Q. Was the lead you took in for the pots, or for your own furnace? A. For my own furnace—the silver lead goes into the pots, not into my furnace at all—Ryde is the only other man that fetches and carries.
WILLIAM CAPON (Policeman, M 45). I took Holmes in custody at Woolwich Arsenal, at half-past 9 in the morning—I told him he was wanted for stealing silver lead from Messrs. Enthoven's on the night previous, with two others—he said, "That is something fresh"—I asked him if he knew where it was—he told me he would answer somebody higher than myself—I took him into custody, and took him to the station, and to the Greenwich police-court—I took Turnbull in custody—I told him the nature of the charge—he said, "All right"—I told him he was charged with two others with stealing silver-lead; that one was in custody, and the other not, and he must come with me—he said, "Very well"—I brought him to the station.
Cross-examined by MR. RIBTON. Q. Where was Turnbull when you apprehended him? A. In bed at his own house—it was at half-past 2 o'clock in the morning—I woke him up out of his sleep—he dressed and came along with me—I apprehended Holmes the same morning at the Woolwich Arsenal—I don't know what he was there for—I did not find one of these pigs in his pocket—they are rather too large.
ELLIS BERRY (Policeman, M 278). I took Vincent in custody on board the barge, on the night of 6th February—I told him he was charged with being concerned in stealing the lead with Holmes and Teddy—he said, "I have not seen Holmes or Teddy to-night, or any one else on board the barge"—Turnbull's name is "Teddy"—this was about half-past 10 o'efock—Mr. Sparks and Vincent had both mentioned Teddy's name.
Cross-examined by MR. ROBINSON. Q. Were you examined before the Magistrate? A. Yes—Vincent did not say, "I have not seen Holmes to-night or any one else on board the barge"—I did not say that myself just now leaving out "Teddy"—recollecting that my deposition was taken down to writing, and was read over to me, I mean to swear that Vincent did mention "Teddy" on this occasion—Mr. Sparks, in his hearing, mentioned both Holmes and Teddy, and it was then that he made the answer I have given.
ROBERT MORRIS . I am in the employ of Messrs. Enthoven—on the night of 6th February, I saw Vincent and Turnbull at the Queen's Head public-house, about 8 o'clock—that is next door to Messrs. Enthoven's works—I spoke to Turnbull first—I said, "Hallo, Teddy, what are you doing here?" he said he had been sent over to see if the barge was loaded—I can't say whether he said he had been sent by the foreman or "Abry," but they are both the same—Abraham Fry is the foreman—he did not say anything else except "Good night"—he drank up what he had, and went out—it was a very bright night—you could see half way across the river.
Cross-examined by MR. ROBINSON. Q. What time was this you saw Vincent and Turnbull? A. About 8 o'clock.
(THE COURT did not call upon the prisoners for their defence, considering that the case was not made out; it was certainly a case of suspicion, but there was nothing upon which the Jury could be ashed to act. The Jury expressed their opinion that it was a case of suspicion, and nothing more.)
NOT GUILTY .
ADJOURNED TO MONDAY MAY 7TH, 1860.
The following Prisoners, upon whom the Judgment of the Court was respited at the time of Trial, have since been sentenced as under:
Vol. I. Page Sentence