CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JULY 9th, 1860.
MINUTES QF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE,
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET.
I am Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of the Peace,
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 9th, 1860, and following days.
BEFORE the Right Honourable JOHN CARTER , F.A.S. and F.R.A.S, Lord Mayor of the City of London; the Right Hon. Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; the Hon. Sir Charles Crompton, Knt. one of the Justices of Her Majesty's Court of Queen's Bench; Thomas Quested Finnis, Esq. one of the Aldermen of the said City; Russell Gurney, Esq., Q.C., Recorder of the said City; William Anderson Rose, Esq.; Warren Stormes Hale, Esq.; John Joseph Mechi, Esq.; and James Abbiss, Esq.; Aldermen of the said City; Thomas Chambers, Esq. Common Serjeant of the said City; and Robert Malcolm Kerr, Esq. Judge of the Sheriff's Court of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
BENJAMIN SAMUEL PHILIPS, Esq. Ald.
THOMAS GABRIEL, Esq. Ald.
OCTAVIUS CHAPMAN TRYON EAGLETON, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
CARTER, MAYOR. NINTH 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, July 9th, 1860.
PRESENT—The Right Hon. The LORD MAYOR; Mr. Ald. FINNIS Mr. RECORDER; Mr. Ald. MECHI; and MR. COMMON SERJEANT.
PLEADED GUILTY — six months.
For other cases tried this day, see Surrey cases.
NEW COURT.—Monday, July 9th, 1860.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. MECHI; and ROBERT MALCOLM KERR, Esq.
THEODORE HALSTEAD FOULGER (City-policeman). At 20 minntes past 7 o'clock on 14th June, I was watching the prosecutor's wharf in Upper Thames-street—the prisoner Avery drew his cart under the granary at Rutland Wharf—he received twenty-four sacks of oats—I counted them there he drove them away to Bridge-street, Blackfriars—when he reached there he was joined by another man—they drove through Fleet-street, to Dean-street, Soho—Avery then left the cart in charge of the other man, who had joined him in Bridge-street, and that man drove on to Newmanmews, Castle-street, Oxford-street—I followed the cart all the way, and when it reached Newman-mews, the prisoner Avery was there; and I saw him take sacks containing oats off the cart and place them in a stable in Newman-mews—another officr was with me, and we went into the
stable just as Avery had taken the second sack in within about half a minute, and when we entered Avery was shooting the oats out of this sack into a sack held by Martin—I laid hold of Avery and told him I was an officer—he said nothing but dropped the back—Smith took hold of Martin—I searched the place—I found a sack without any name on it containing oats, and I found another empty sack lying on the floor of the stable with "Green and Sedgwick, Rutland Wharf, 1826" on it—I asked Avery how many sacks he ought to have had in his cart—he said twenty-four—I said, "Where were you going to take them to?"—he said, "Well, it is no use denying it, I was going to take them to Mr. Henderson's in the Haymarket"—I took him to the station—I found on him a delivery note for twenty-four sacks of oats.
Cross-examined by MR. RIBTON. Q. What wharf were you watching? A. Rutland-wharf—Bridge-street, Blackfriars, was in Avery's way—I found him afterwards in Castle-street—the other man drove the cart there—I did not hear what conversation took place between them before they parted—when Avery joined that cart again he was opposite the stable—I did not hear him say why he had brought the cart round—he had twenty-four sacks in the cart when he started at Rutland-wharf, and when it got to Deanstreet: none of them were touched till it got to the stable, and then two were taken off—there were then twenty-two, I counted them—I drove the cart home.
Cross-examined by MR. SLEIGH. Q. Have you made inquiries and found that Martin's father carries on the business of a greengrocer, and keeps his horse and cart close to that stable? A. I don't know—there was no horse or cart in the stable—his father carries on business at 5, Great Chappellstreet—I believe he does keep his horse and cart in that stable—I was told so by the prisoner that is all—I have not made any other inquiry; he has been very ill ever since—I heard Martin say, "I know nothing at all about it, I was sent here by my father"—he said so before he was accused of anything—he said, "I know nothing about it, I am servant to my father"—and at that time he was not accused of anything—he begged and prayed of me and Smith to take him to his father's—we refused to do so—we took him to the station.
MR. COOPER. Q. You know Henderson's in the Haymarket, how far did Avery go out of his way to go to this stable? A. I should think to go there and back it was a mile—he did not go in that direction at all.
WILLIAM SMITH (City-policeman). I went with Foulger on 14th June—I saw Avery drive the horse and cart to Bridge-street, where he was joined by another man—I went with the other officer and traced them to where the cart stopped—as we were going up Newman-street we saw Martin with two empty sacks on his right arm—he turned down Castle-street and went down the Mews after the cart and the two men—two sacks were then taken from the cart by Avery, and the other man took two sacks from the top and put them in the place where the two were removed from, from the tail of the cart—the two that were removed were taken in the stable by Avery—we followed him up with the last one, and I saw Avery with this sack—he was emptying it into this other which Martin was holding up—we said, "Halloa, what is this?"—Martin said, "I know nothing at all about it"—I laid hold of this sack and some of the oats were spilled on the ground—I collected it and put it in the sack—I told Martin should take him in custody for feloniously receiving these oats knowing them to be stolen—I had previously told him we were officers—he said, "For God's sake don't
take me,—I have a wife lying dead this moment, come with me to my father, I am in his employ"—we did not assent to that, but took him to the station—I had watched on the previous Thursday—I did not see the prisoners together then.
HENRY GREEN . I am a corn-merchant at Rutland-wharf, Upper Thames street, and have one partner—Avery was in my employ for six or seven months—these sacks are mine, and I believe the oats are my property.
Martin received a good character.
AVERY.— GUILTY .
MARTIN.— GUILTY .
Three Year's Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months ,
CHARLES HENRY ENTWISTLE . I became acquainted with the prisoner, and married her on 17th May, 1849—I had been living with her as her husband for two or three months before—some time after I married her I found she had got a husband living, and when I came home from my work I had no place to go to—I spoke to her about it—we separated, and I allowed her a maintenance for three or four years, but I went home one morning and found a man in bed with her; from that time I have never allowed her anything—she has come and annoyed me, and I told her if she did not go away I would give her in charge—She said she would not go away and I gave her in custody, and that led to this prosecution—I have lost two or three situations through her drunken habits.
ALFRED HOLLINGSWORTH . The prisoner is my sister-in-law—I was not present at her marriage with my brother—I know they lived together as man and wife—the last time I saw them living together was about 1838—I believe he left her with one child and near her confinement with another.
NOT GUILTY .
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY.— Judgment respited.
OLD COURT.—Tuesday, July 10th, 1860.
PRESENT—Mr. RECORDER; Mr. Ald. ROSE; Mr. Ald. HALE, and Mr. Ald. MECHI.
Before Mr. Recorder.
MR. SOLICITOR-GENERAL, MR. WELSBY, and MR. BEASLEY conducted the Prosecution.
JAMES RICHARD NAYLOR . I am chief clerk in the office of the Clerk of the Crown—I produce the writ for the last election at Berwick-upon-Tweed, and the return thereto—the writ is dated 12th August, 1859, and the return 20th August—Dudley Coutts Marjoribanks, Esq., of 20, Manchestersquare, is returned as being elected—there is no indorsement of any other candidate—I also produce the poll-books.
Cross-examined by SIR FREDERICK SLADE. Q. How is the writ directed? A. To the Sheriff of the town of Berwick-upon-Tweed.
THOMAS ALLAN . I am the present Sheriff of Berwick-upon-Tweed, and in that capacity am returning officer for the borough—I produce the register of votes in force in August, 1859, which I received from the preceding sheriff.
Cross-examined by SIR F. SLADE. Q. Is Berwick the county of a town? A. I understand it is a county and town in itself—it states here, "for the Borough of Berwick-upon-Tweed"—it is so described in the Municipal Corporation Act.
JAMES COLE WEDDELL . I was under-sheriff of the town of Berwick at the time of the late election—I received this register of voters from the town clerk on 29th November, 1858—it is the register which was in force at the time of the election—it has the town clerk's signature to it, R. Howe—his Christian name is Robert.
THOMAS ERSKINE MAY . I am clerk's assistant at the table of the House of Commons—I have here a minute book kept by me—I was present when the Committee for the trial of the petition against the election for Berwick were duly sworn at the table of the House—the petition was duly referred to them by the House—they consisted of Lord Robert Cecil, Richard Penruddocke Long, Esq., Grosvenor Hodgkinson, Esq., Sir John O'Gilvy, Bart., and the Right Honourable Frederick Peel in the chair.
Cross-examined by SIR F. SLADE. Q. Were those five members of the House of Commons who came up to the table? A. Yes; they were summoned to attend—I did not summon them, but five gentlemen had their names called by Sir Dennis Le Marchant, the clerk of the House, by the direction of the Speaker, and they were sworn at the table—beyond that I know nothing.
EDWARD L'ESTRANGE DEW . I was clerk at the select committee which sat for the trial of the Berwick Election Petition—that committee consisted of the noble lord and the gentlemen whose names have just been mentioned—I remember the defendant being examined before the committee—he was sworn by me—the oath that I administered was, "The evidence that you shall give before this committee shall be the truth, the whole truth, and nothing but the truth, so help your God."
WILLIAM GINGER . I am in the department of the journals of the House of Commons—I have here the Berwick election petition—it has on it the endorsement of the examiner of recognizances, Mr. Rickards—my belief is that it is his writing.
EDWARD L'ESTRANGE DEW cross-examined by SIR F. SLADE. Q. Have you got the minutes of your proceedings? A. I have—Sir F. Slade abandoned the charge of bribery, and opened the proceedings on the scrutiny; the case then resolved itself entirely into one of scrutiny as to each individual vote; and each individual vote was inquired into as a separate issue, with the exception of six which were bracketed together—there were two
instances in which several were bracketed together—James Urquhart Brown ultimately got bracketed with fire others; the two M'Queen's, George Wallace and Samuel Wallace, and Robert Bradon—the question before the Committee was whether James Urquhart Brown had been bribed or not—the Committee heard M'Gall on his oath, and James Urquhart Brown on his oath—that Committee of five gentlemen declared that James Urquhart Brown's vote was a good vote—the room was cleared; the Committee deliberated, and they resolved that the votes of James Urquhart Brown, George Wallace, Samuel Wallace, and Robert Bradon were good votes—Bradon was heard, P. M'Queen was heard, and Samuel Wallace—they were all taken together at Mr. Phinn's request—on the same day William Miller, who is also one of the parties in respect of whom perjury is assigned, was objected to on the ground of having been bribed—Miller was sworn and examined, and on the following day William M'Gall was examined in support of the vote—the Committee determined that Mr. Miller's was a good vote—on that occasion Miller was called first, and then he was re-called by the Committee after; M'Gall had been examined. On 27th March, Robert Blaylock's case was taken—he was sworn and heard, and M'Gall was heard, and the Committee resolved that the vote of Robert Blaylock was a bad vote, and be struck out of the poll—at page 17 in the general resolutions, 29th March, I find a resolution of the Committee that "Robert Blaylock was bribed to vote for Mr. Hodgson for 6l., of which 3l. was paid him by Robert M'Gall"—the resolution is, "The Committee are of opinion that William M'Gall, in his evidence before them, was guilty of wilful and corrupt perjury."
WILLIAM COUNSELL . I am a short-hand writer—I attended as such on the Select Committee on the Berwick Election Petition—I have here my original notes of the evidence—(Reads;"Examination in chief of William M'Gall. Do you mean to swear you did not offer anybody money for their votes on the polling day? No. Or give them money? I never asked any persons for their vote. Bid you give them money? No; not to induce them to poll. Did you give any money away on the polling day? No. Not a shilling? No. Nor lend any? No. Or offer any one? No, I did not. Did you promise anyone money? No, I did not.")
Q. Now will you turn to page 147, examination by the Committee, question 7,769. A. (Reads: "You have been asked whether you bribed this person or that; I understood you before to swear that you bribed no person? I did not. You gave no money to any person on the day of the poll? No; I was not engaged at all in the matter by any person, but just took an interest to get the people up to the poll. You were at Gibson's on the polling day? Yes Do you remember what time? The fore part of the day, I think. Do you think it was as early as 10 o'clock? I might be there about 9 and about 11—I was just passing out and in. You were there between 9 and 10? Yes. But gave no money to any one about 9, as to a vote? No. You never gave money to any person? I never gave money to induce the people to vote. Without speaking about how they should vote? No people at all; if any person made such a statement, he is stating what is false of me.")
Cross-examined by SIR F. SLADE. Q. Just turn to page 50, and read from 2,442 to 2,466. A. (Reads: "Do you know James Urquhart Brown? I know him when I see him. Did you know him at the last election? I saw him once on the election day, about 3 o'clock. Did you give him four sovereigns? I did not. Did you give him any sum of money? None whatever. Not on that day? No. Did you give him on the Friday?
No. Did you give him on the Sunday? No. Did you give him on the Monday? No; I gave him none. Have you never given him any money? Not at an election. Have you ever given him any money? In the summer I did. Before the election? Yes, long before the election; he came to me and said he was very unwell: he said he wanted a pair of shoes, and I gave him a shilling or two to help to buy them; I gave him no money at the election, and had no talk with him about money at the election. Did you never give him four sovereigns at all? No; not at any time. Not at the time of the election? No. Did you ever give him any part of four sovereigns? No. Not one, two, or three? No. Did you give them to anybody to give to him? No, I did not. Did four sovereigns never pass from you for Brown? No. Will you swear that? I will most distinctly—such a circumstance never existed. What is the most you have ever given him at a time? Never more than I have told you; two or three shillings. Did you give him two or three shillings about the election time? No, it was in the summer time. Since the summer up to this time you have never given him a shilling? No. And you have never given any person money for him? No; I most distinctly swear that. I will mention the circumstance if you wish it of what took place. What did take place I was standing in the street with another party and he came up. SIR F. SLADE. Q. Give us the name of that party. A. Mr. Waite—Waite and I were standing together; he said he could not get to the poll for the crowd—he said, if you go with me I will get you to the poll—I never saw the man again. MR. PHINN. Q. You mean to state positively that you have never given money, nor found money for him? A. No further than what I have stated.
Q. You were examined just now about page 147, question 7,769; you began it in the examination before the Committee? A. Yes; I have got it—this is the commencement of M'Gall's examination, when he was examined by Mr. Clerk; that is numbered 7,689 (Reads: "Do you know Robert Blaylock? Yes, I know him. Did you see him at Gibson's house on the polling day at Berwick? I do not think I saw him on the polling day at all. Did you send anybody to bring him to Gibson's? I did not. Did you give that man, Robert Blaylock, three sovereigns at Harry Gibson's? I did not. Did you give him three sovereigns anywhere else? No; I am almost positive I did not see him that day at all. Did you give him any money on the polling day? No. Did you offer him any money on the polling day? I did not. COMMITTEE. Q. Could he have received money from you without your seeing him? A. No. MR. CLERK. Q. Was he ever in a room alone with you at Harry Gibson's on the polling day? A. He was not. COMMITTEE. Q. You swear he was not? A. I swear he was not.")
MR. WELSBY. Go on and read the cross-examination. (The witness did so, and also the re-examination.) I remember Miller being examined—M'Gall was examined after him.
Q. Be kind enough to read from page 62, the examination in chief of the defendant. A. (Reads: "Do you know a man named William Millert? do not. I do not know if you had an opportunity of seeing the last witness, who was in the box yesterday? No. You did not see him? No. (William Miller called in.) Do you know that man? I do not know him; I never saw him before to my knowledge (William Miller withdrew). Do you know him by sight? I do not know him at all; he may belong to the town. COMMITTEE. Did you ever see him before? Not to my knowledge. Did you ever see him at the time of the election? Not to my knowledge;
I never had anything to say to him at all; he may be a resident in the town, but I do not know. You never had any transaction with him of any kind? None whatever—I never saw the man before to my knowledge, till now. SIR F. SLADE. Q. I think you told us yesterday that you were once, perhaps twice, in Henry Gibson's house during the election day? A. Yes. At any period of that day did you see the man who has just left the room? No, I did not at any period of the day. He has represented that between one and two a man pushed him into the room in which you were sitting at Henry Gibson's; that nobody was there but you and him; you asked him what he wanted,; he said he came for a trifle of money, and you gave him five sovereigns; is that true? No; no such conversation passed; I never saw the man. Is that true? No, it is not true; it is false. Did you ever give that man any money at all? None whatever; I never had any transaction with him; none whatever."
WILLIAM MILLER . I live at Berwick-upon-Tweed, and am a rope-maker—I recollect the election in August last, when Mr. Jlodgson and Mr. Marjoribanks were the candidates—I was in Berwick on the polling day—I was a 10l. voter, not a freeman—I voted for Mr. Hodgson on the polling day—I have lived at Berwick all my life—I know William M'Gall—as far as I can remember he has lived at Berwick all my time—I knew him, just by sight, before the election—I had never to my knowledge spoken to him before the polling day in the least whatever—as near as I can remember I think it was about 2 o'clock in the afternoon, or a little after, that I polled—I do not remember at what house Mr. Hodgson's committee was—I know Gibson's public-house—I never remember speaking to M'Gall in my life till the polling day—I had seen him before I "polled; it might be about twenty minutes before—it was in Gibson's room up stairs—I saw no one else in the room but M'Gall—it was a room on the first flight above the ground—Gibson's is a public-house—I do not know in what part of the house they carry on the public business; the bar is on the ground floor—I do not know whether they carry on the business on the ground floor only, or also on the upper floors—I went into this room; it was not a room fitted with benches, to serve liquor; I saw nothing of that kind—I could not say, because I paid no attention to what was in the room—I was led into the house by a stronger; I do not know who he was—I was fifteen or twenty yards from Gibson's at the time the stranger came up to me—he took me into the house, up stairs to the landing, and told me to go in at the door, and I went in—I did not shut the door to—I did not know Mr. M'Gall was there—I went in and said I had met with an accident and wanted a trifle of money, and I think he asked my name; he gave me 5l. and I came away—that was all that passed between Mr. M'Gall and me—I polled about twenty minutes after leaving M'Gall, as nigh as I can remember—I polled for Mr. Hodgson—I could not say whether there were any election bills on the walls of Gibson's house—there might be; I do not know—I do not know what coloured bills either Mr. Hodgson or Mr. Marjoribanks had—I do not recollect seeing any bills on the house.
Cross-examined by SIR F. SLADE. Q. You are quite sure this was about 2 o'clock in the day when you went into Gibson's house? A. Yes, to a nearness—I am sure it was past one—I have nothing to be sure about, no further than the time of day—I could not say to a quarter of an hour, but I am sure it was past 1—it might have been about 2 or a little after that I polled; I know it was about 2, to a nighness—I do not know the stranger—I never saw him since, or before, to my knowledge—he did not tell me where
he was going to take me—he either said, "Come along with me," or, "Come on this way," I will not swear which it was—I knew the house I was going to—I went with a stranger that day because I had had some drink—I consider I was not drunk—I do not know that I was exactly fresh—I voted for Mr. Hodgson that day—I voted on the election before for Captain Gordon and Mr. Cure: the Conservative side—I was offended with the other party—I never had any money before at an election; I was not bribed—nobody ever gave me a present of five sovereigns before, nor since, to my recollection—I did not tell anybody what luck I had had to get the five sovereigns—I never told a soul to my recollection—I never told a single soul that I had got five sovereigns till I had been treated up in London—I heard up in London that it was running very fine against Mr. Marjoribanks—I was put close by here, in an inn—I do not know how many of us were penned in together at Mr. Marjoribanks' expense—I do not know that there were so many that I could not count them—I saw no champagne with the first class—I do not know anything about the whiskey and ale class—I had as much as I wanted—I think I first went away on Thursday night, and came up on Sunday night—I went from Friday to Monday morning—I do not know about its being rack and manger all the time—I was there till Wednesday; four days; and came up again Monday, Tuesday, and "Wednesday; three days—having engaged myself there, I told what I knew, in the lobby, just before I was called in—they had not been pumping me all the time as to what I was going to say; I was never asked anything before I was called in—I do not know what they had me there for—they did not know what I was going to say—I never told anybody—I do not know whether it was lawful to question me before I was called in or not—I was privately examined by attorney Douglass, who, I understood, was Mr. Marjoribank's attorney—he said that I should probably be the next witness called in—I do not know whether he mentioned M'Galls name—he said I was to be called in, and I said I would tell the truth—I did not know that any vote was under discussion, or that I was to be called in against my own vote—I represent that I told nobody—I did not tell my wife that I had got five sovereigns, and I do not think she ever found it out—I put them with other money, which, of course, rather increased the stock—I saw M'Gall in the lobby, but do not think I spoke to him—I will swear I did not—I have got several friends in Berwick, but never mentioned this good luck to them—I do not know how they came to pitch upon me at Berwick, and bring me tip to London, not knowing whether I knew anything about it—I am perfectly willing that that should remain a mystery till the last day—they gave me, after the election was over, just so much as to carry me down again—I got 5l.—the fare, third class, is 1l. 8s. 6d.—they paid all my expenses up in town—I paid for nothing where I was stopping—they paid for my coming up before—I got 5l., out of which I had to pay my expenses, and the rail down again, and my day's work—both times that I was up I got that—I saw nobody on the stairs when I went up into this room, no door-keeper or messenger—I had only two or three glasses of ale that day—I had no whiskey to my knowledge—I know the lad Mace—I do not recollect saying to him that I did not know where I got the money from, or who gave it me, that I got it in the street—I never mind speaking to the boy about money or anything else—(A little boy named James Mace was here brought into Court)—I may have said so to that boy when I was the worse for liquor, but I do not remember saying it—I did not mention it to my knowledge to a
single soul until I came up into the lobby—I will not swear I did not, because when I am the worse for liquor I do not know what I am saying—I do not remember speaking to the boy about it at all, and did not do so in sobriety—I did not say the same to Jane Mace, the boy's mother, or to any person else.
MR. SOLICITOR GENERAL. Q. Were you brought, up from Berwick once, or more than once? A. Twice—I came up on Monday morning, and returned on Thursday evening—I lived near Gibson's, New Bridge-street—that is an inn—there were a good many lodging there; other Berwick people who were up at the election—I lived with the rest in the same way as they didI came up on the Sunday again—it was Sunday both times, and I remained till Thursday—that 5l. that I received was to carry me down, and for my time—I got 3l. to come up besides—I got 3l. each time I came up, and 5l. to go down each time, that was for my travelling expenses and time—I got back to my business on Friday morning, having been absent the whole time—I went down by the night train on each occasion—I left Berwick because I was served with a Speaker's warrant, not each time, but the last time I was told to go down and come back—I came up each time to answer any questions that might be put to me on the Committee—I paid no attention whatever to how the poll was going on—I said to different people in the early part of the day that if I voted I would vote for Hodgson—I was quite indifferent before I got the money whether I voted or not—I was not bound to vote—I cannot say that I had made up my mind to vote before I went into Gibson's—I heard people talking about some money going before I saw this stranger, but I should never have gone to Gibson's if I had not been taken there by the stranger—how the polling was going on I did not know—I paid very little attention to what was going on on that day.
COURT Q. Are you in the habit of getting intoxicated? A. At timesI was not drunk at this time—I was a little the worse for liquor, but nothing to speak of.
ROBERT BLAYLOOK . I am a butcher by business, and live at Berwickupon-Tweed—I am a voter for the borough, a ten-pounder, not a freeman—I remember the last election for Berwick—I recollect the polling day—it was on Saturday—I remember being, on the morning of that day, near the Town Hall—I know Gibson's public-house—I was standing about thirty or forty yards from that, I think, up the High-street—whilst standing there a person came up to me—I do not know who that person was—he said there was a gentleman wanted me to go up to Gibson's up to the top of the house—I went to Gibson's—it is a three-storied house—I went to the room at the top of the stain—it was the highest room in the house—there is one story on the ground floor, and this would be two stories above that—it was on the second floor—the stranger did not go up with me—I could not say whether he came to the foot of the stairs or not, but I was ordered to go up to the top of the stairs—the stranger told me that there was 8 gentleman at the head of the house wanted me, and I went up—I found Wm. M'Gall there—I had known him before—there was no one else in the rooms, that I could see, nor any one about the stairs, that I saw—he said, "Is that you, Blaylock I said? "I said, "Yes," and he took three sovereigns out of his pocket, and said, "Put them in your pocket, and go and poll"—I was down directly—I did not poll till 2 or a little after 2 in the afternoon—it was 9 or 10 o'clock when he spoke to me, just after I had got my breakfast, and came down from our house—I polled for Mr. Hodgson.
Cross-examined by SIR F. SLADE. Q. Had you the luck to come
across a stranger too, or did a stranger come across you? you say it was a strange man that took you there? A. Yes; a man tapped me on the shoulder, but who, I did not know—he told me to go up to the top of Gibson's house, that a gentleman wanted me—I went up and saw M'Gall—I did not ask him what he wanted—I did not stand with my mouth open—he said, "Is that you, Mr. Blaylock?"—I said, "Yes"—he put his hand in his pocket, gave me three sovereigns, and said, "Take that, and go and poll"—he did not tell me who I was to go and poll for—I do not know whether it was bribery or not—I never had such a thing as that happen before, as having three sovereigns or three anything given to me—I was bad, and was confined to my house for a month, and never was about when they were canvassing—I had not promised my vote—I was ill in bed, and Mr. Hodgson called about my being so ill—he sat down, and one Fleming came, and I said to him, "If I do not poll for you I will not poll against you," and I did not intend to poll at all—I cannot say why I did not tell them at first that I had had the three sovereigns—I made no secret of it—it appears to me that I have told nobody—there was one, Mistress M'Clean who said I told her.
COURT Q. Did you tell her? A. Well, if I was sworn I could not tell whether I told her or not, but I got the money—I do not recollect telling her that I had 6l. in two sums of 4l. and 2l.—I cannot say—I could not say I got two sovereigns and four sovereigns—the other three sovereign were paid by Mr. Fleming, about 2 o'clock, or a little after—I had not polled then—I got the first three after breakfast, and the second about a minute or two after 2, not before I polled, but just before Mr. Fleming came to me, and my own butcher—I did not tell Mrs. M'Clean that Mavor had given me some money—I could not—I was nine or ten days up in tows before they called me down to the House of Commons, and was living at Gibson's in Newgate-street with the whole party—I cannot say how many were there—I was very well fed—there was no wine where I was, nor was there beer and whiskey as much as we liked—sometimes when we called for drink it was stopped—there were plenty there—they wanted drink, and they would not give it to them—they would not give them whatever drink they wanted—they paid me, after the election, 10s. a day for my time—that is very good—when I was called in I let the cat out of the bag—they did not tell me that it was going hard with Mr. Marjoribanks who was paying for all my grub—I never said a word to any one till after I was sworn, and then I spoke the truth—the progress of the petition was not mentioned and I canvassed at the public-house after that—I never told any one that I would get a penny from any body—two or three persons were at me to know when I had the money—Mr. Bogue, and Mr. Sanderson the grocer, and anotherBogue took an active part in Mr. Marjoribanks' election—it may be four or five days after I came up that they tried to get me to tell—I was there about ten days—I got 5l. for loss of time—I got 9l. paid me—there was 6l. and 3l. to go down, making 9l.—Marjoribanks' party gave me 3l. to come up, and I paid 1l. 8s. 6d.—my evidence was taken down in writing in Gibson's, but I never told any one what I knew—I said, "When I go to the House I will speak the truth"—that was not in the lobby, it was when I was sworn—I had voted before for Mr. Gordon and Mr. Stapleton—I did not vote for Mr. Marjoribanks—I cannot tell anybody to whom I told that I had 3l., because I got a little drunk, and I might tell several people—Mrs. M'Clean is my sister-in-law—I cannot say whether I showed her any money on the day of the election, for I was a little fresh—I did not tell her I had had 4l. from a man named Thompson—I know she says I did, but I never got 4l. from Mr.
Thompson in my life—this was up at the top of the house—I did not say when I was examined that I did not know what room it was—it was a front room—I think it faces you at the top of the stairs.
MR. SOLICITOR GENERAL. Q. How often were you up in London before the election; once or twice? A. This is the third time—I was up once before the House of Commons; then before the Grand jury here; and then I came up to go to this Court—I left London on Sunday night—I had reached London on Monday morning—I travelled up from Berwick—I came away at 11 o'clock on Sunday night, and arrived in London on Monday morning—I left London on the Thursday in the next week—my business is a butcher—I considered when I got 10s. a day that that paid me for my expenses and for my loss of time—I was served with a Speaker's warrant to come up and give evidence—I had spoken to M'Gall before that time, but I was not in the habit of polling or giving votes—I knew him by sight—I had not seen him moving about, busy, at former elections—I cannot say whether any of Mr. Hodgson's friends were calling at Gibson's during the polling day, because I had never been at the house—I came straight out—I know Mrs. Turnbull—she told me that I told her I had got some money—I do not remember telling her, but I take her word for it; I may have mentioned it—I remember seeing her on the polling day in the tap-room at Gibson's, as I was going in—Mr. Miller will tell you that he interrupted me about 2 o'clock in the afternoon—that was after I got the 3l. from Fleming, and after I polled—I went into Gibson's tap-room—she came to me when I was sitting there—I think it was on the Thursday that I was examined before the House of Commons, the day I went away: no, it was before that; I went away on Thursday, and it was a day or two before that that I was examined.
COURT Q. Are you a journeyman butcher, or have you a shop of your own? A. A journeyman—I kill by the piece—I earn on an average 8s. or 10s. a week—I did not know who M'Gall was acting for; I took no interest in the thing; I did not want to have anything to do with it—I never heard his name mentioned—he mentioned nobody's name to me—he did not tell me who I was to poll for—I did not know who the 3l. came from, nor on whose side it was paid—when I got the money I went down by the railway, and never went near anybody till they sent for me.
JAMES URQUHART BROWN . I go to the fishing—I live at Berwick, and am a freeman—I voted for Mr. Hodgson at the last election—I polled about 3 o'clock, or a little after—I was at a house that day, but I cannot say whether it was Gibson's or not—I do not know Gibson's by name—I went into a room in a public-house about the same time of the day—I cannot say whether it was before or after I polled—it was a room down stairs, at the back—I saw M'Gall there; he gave me four sovereigns—I was not there a great while, about ten minutes—he did not say a word to me—I did not say anything to him; there was not a word said between us—he put the money into my hand from his pocket—he was standing up at the time—I did not see anybody else but us two in the room at the time—he did not say anything to me after he had given me the money—he did not say what it was for—I had had a glass of beer that day—after I got the money I went away down to the water-side—I think I polled after that—I got that glass of beer at the same house, before I got the money—nobody told me to go into that room; I went in myself—nobody was there to tell me to go in—I was going into the back yard, and I just went in by chance.
Cross-examined by SIR F. SLADE. Q. Is this an every day things to jump into a room by chance, where there is a man, who gives you four sovereigns
and never says a word to you; how came you to go in? A. I went in to get some beer, and just looked into that room—that never happened to me before or since—I was doing nothing all the ten minutes, only just standing there—what I say is true; that I just went in by chance, and that I stood there ten minutes—I never told a living soul that I had got four sovereigns, or any money—I have got friends—I never told them that I had got four sovereigns—I told nobody—there was a parcel I took up to a place at Islington; that is how they found me out—I cannot say how they found out that I had any information to give them about Mr. M'Gall—I was living at Gibson's, in Newgate-street, with the rest about fifteen or sixteen days—I was in the whiskey class, and had as much whiskey as I liked to ask for—I told them about the four sovereigns the very day that I was called upon at the House of Commons—I was to be examined twice, but I was not—I got some money after the petition was over—they gave me 5l. 10s.; that was for my expenses down, and the time that I was there—the 5l. 10s. was to go down to Berwick—it was 4l. for the time I was there, and 1l. 10s. to go down to Berwick—the 4l. was for the time I was at the House of Commons—they did not bring me up from Berwick, I came up on my own hook—I had been in London some time—I had been a knifeboy; cleaning knives at a public-house at Islington; earning about 6s. a week there—5l. 10s. is all that I got—I did not get any money from Mr. Marjoribanks—I got it from Crossman—that was the 2l. that I got at the House of Commons—that was just before I gave my evidence—that was for expenses—I did not ask for it; they volunteered it—they did not put it into my hand and say, "Now go into the room and swear up to the mark"—they did not say anything to me when they slipped two sovereigns into my hand, just before I went into the Committee-room—I had no money in my pocket then, and that was for pocket money—I did not tell them that I had no money in my pocket—I had no money because I was out of work at the time, before I went to Newgate-street—I did not get these two sovereigns before I went to Newgate-street—I got them while I was thereI was not very much obliged to them for what they did—I did not go in and swear against Mr. M'Gall after I got the two sovereigns—I speak the truth—I spent some of the two sovereigns—the whole party of us went to the play—we paid for ourselves sometimes when we went there—I did not go very often to the play; about once a week—I was there twice—I paid for myself once, and was treated once—I was only there about twice—I was not there three times—I do not know who was the paymaster that went with us from Gibson's—it was not Mr. Crossman—he never took me to the play—we went into the down stairs part of the house—there were not six or seven of us went—sometimes two or three went at a time—three is the greatest number that went together—I do not know whether I was treated to the play the night I had given my evidence, or before—I cannot tell you what play I saw—I cannot say whether I got the money that I have sworn I got from M'Gall before or after I polled; I think it was after I polled—I I swear that it was after I polled—when I was before the Committee I was not sure whether it was before or after, but I recollect now—I think I received the money after I polled, because I recollect going away directly, down to the water-side—it was after, I stand to that—I had not told M'Gall that I had polled for Mr. Hodgson, and he did not know it—I got the money after I had polled—I polled about 3 or half-past—I do not know Alexander Wake, a tailor—(Wake was here called in)—I think I have seen him beforeI know him by sight.
Q. Now did you come up in the street to where Mr. M'Gall was standing
with Wake, and complain that there was such a crowd you could not go to the poll; and did Wake say to you, "If you will come with me, I will take you up to the poll, and see you poll?" A. No; that is not true—in the place where I saw M'Gall, in the room, was just by the Town-hall—I do not know Harry Gibson's house—I do not know the street in which his house is—I cannot say whether it was in the same street in which his house is—I do not know where Gibson lives—this took place at a house close by the Town-hall—I cannot tell you the person's name who keeps it, nor the sign—I never looked at the sign—it was in the wool-market—I have been down to Berwick since the Committee—I have not ascertained where the house was I was never much down the street; the High-street—the house was not in High-street—I have not been down there much to look for it—I know a man I called Michael Anderson—I cannot say that I know George Knox, or Robert Douglass—I did not tell Anderson that Mr. Marjoribanks' party wanted me to state that I had got money from M'Gall—I did not say to Anderson "They want me to state that I got money from M'Gall"—nothing to that effect—nothing of that sort.
Q. Did you tell Anderson you were summoned here, and on his saying "What was it about? "did you say, "They wanted me to say that I got money from M'Gall"? A. I never had any conversation with him at all; not in London—he did not say, "You know best, "—I did not say, "I never got a penny of M'Gall in my life"—I never made that answer in my lifenothing of the sort.
MR. SOLICITOR GENERAL. Q. In what month did you leave Berwick and come to Islington? A. About the end of October, after the election—I came up by sea—I reached London in October or November—at London I left the ship that I had come up in—I was out of employ in London some time—I then got employment at Islington—that was the first employment I had in London—I was at some dining-rooms—I did not wait—I cleaned knives, and fetched the beer, and things of that sort—my father was living at Islington—I left Berwick because a brother of mine died—that was what I came up for—I came up to see my brother, and stopped up—my father did not help me to get employment—I had left the employment at Islington when I was first spoken, to about giving evidence before the Committee—I was living with my father, out of employment—I was spoken to about being examined the day before I was examined—I was to appear the next day after I was first spoken to—I was told the day before I was examined that I should be examined—I was examined about a week after I was at Gibson's—I went to Gibson's rather more than a week and a half before I was examined by the Committee—I had been at Gibson's about a week before I was examined—Mr. Douglass told me to go to Gibson's—I do not know whether he was a lawyer—I do not remember seeing him at Berwick—when he told me to go down to Gibson's, he then told me that I should or might have to be examined—I did not tell him that I wanted to go home to Berwick when it was over—I went down to Berwick—I go to the fishing, and Berwick is the place I go from—I received altogether the 5l. 10s., and the 2l.—I am sure that it was Mr. Crossman that gave me the 2l.—to the best of my recollection he did not say anything, nor did anything pass, when he gave me the money—that was the first money which I receivedthat was all the money I received before I was examined—I received the 2l. before I was examined, and the rest afterwards—I stopped with the other witnesses who were up from Berwick—we lived altogether—the inn where I got the money was close to the Town-hall—the polling was going on at the Town-hall.
COURT Q. You say it was the day before you were examined that you
were first spoken to? A. It was the day I got ray notice—I was then at Islington—I was at Gibson's for a week before I was called upon—I mean the day I was first spoken to was the day before I went to Gibson's I said that the place was close to the Town-hall, and in the wool-market—the Town-hall is at the end of the wool-market—I saw Mr. Crossman in the lobby of the House of Commons—I had been to his office in Gray's Inn-lane before I went to Gibson's—I was not examined there—I did not tell him what I had to say—I told him nothing—I was then sent to Gibson's—he did not give me the money at his office—I never told him that—I had not received any money from M'Gall or from anybody else—I told him that I could give some evidence, but I did not tell him anything.
Q. What did you mean by saying just now that you did tell him that you could give some evidence? A. I did not tell him anything about any evidence at all—I did not tell Mr. Douglass anything—I did not see him till I was at the House of Commons—the other men went to Gibson's—Douglass sent me there, and told me that I might have to be examined—that is true enough—I saw Mr. Douglass at the House of Commons, and he told me to go to Gibson's—that was the first day of my being at the House of Commons—I had been to Gibson's a week before that, but Mr. Douglass told me to go to Mr. Gibson's the first day I came—I saw him the first day I went to the House of Commons, and he told me to go to Gibson's—I did not say I had been at Gibson's a week before; I said I was there a week before I was examined—I went to the House of Commons before I went to Gibson's—I went to the House of Commons because I did not know where to go till I saw Mr. Douglass—I went there because the Speaker's warrant told me to go there.
JOHN WRENTON . I am a house carpenter, carrying on business at Tweedmouth, close to Berwick—I have known William M'Gall for many years by sight—I have not been in the habit of talking to him—I have been in the habit of going in and out of Berwick all my lifetime—I have not lived at Tweedmouth all my time—I have lived part of my time at Berwick—Tweedmouth is over the water—I remember being in Berwick on Saturday, the polling day, last year—it would be after 1 o'clock that I came into Berwick; between 1 and 2 I think—I am not a voter—I knew that the polling was going on at the Town-hall, and I went towards it to see how things were going on—coming from Tweedmouth I should have to I come across High-street to get to the Town-hall—I should not come up Church-street; either the Eastern-lane or the Western-lane, I do not know which—I went round to the part of the Town-hall where the filing was going on—I went there twice—the second time I went would be between 2 and 3 o'clock—the other time would be about 5 or 10 minutes after I got into the town—I know Gibson's public-house—I think it is the George—it is near the Town-hall—the wool market is near the Town-hall, which stands in High-street—this sketch is correct—Gibson's house is really in Churchstreet, but is near the wool market near the Tows-hall, and near Highstreet—I saw M'Gall and Miller either the first time I went there, or the second; I do not know which—it was William Miller the rope-maker that I saw—he was standing on the edge of the pavement, and M'Gall about a yard and a half off—it was within a few yards of Gibson's door—the pavement I speak of is the pavement in front of Gibson's house, and in Church-street—I could not say whether Miller and M'Gall were talking; they appeared to be conversing—M'Gall was looking towards Miller—M'Gall was in the carriage road, about a yard and a half from the pavement—his back would be towards Gibson's house, nearly in the position he was
standing—Miller was standing looking down Church-street—as I could judge they appeared like two men conversing together—Miller appeared to be excited, and M'Gall appeared to me by his gesture and actions as though be were trying to soothe him and to quiet him down—I could not hear the sound of conversation—I heard nothing—I passed up Church street—I was going up Church-street when I saw Miller and M'Gall together—I was behind the Town-hall, going up Church-street—they were just come to High-street—I passed along the carriage road—M'Gall was in the carriage road also—I was not far from him—it is a narrow street.
Cross-examined by SIR F. SLADE. Q. Did you go before the Grand jury? A. No; they have picked me up since—they found me out because I happened to name it—I did not manage the brewery of Mr. Douglass' father—I worked in a brewery some time ago—Mr. Douglass was agent to Mr. Marjoribanks—this was a year ago pretty nearly, August 1859—at the time that the inquiry was going on at the House of Commons I first said that I saw M'Gall talking to Miller and soothing him down—I went to the House of Commons, but was not called—they knew what I had to say and did not call me, not did they call me before the Grand jury—I was perhaps two or three yards from these two gentlemen—I did not hear what they said—I paid no attention to them—I was passing up the street—I only saw some action—I cannot put myself in the position that Miller did when he appeared excited—M'Gall was just going with his hand in this way—I do not know whether he had a stick or not—I do not understand making mesmeric passes—I do not know how long this pantomime was going on—I was only passing by—I had to pass near them, and then turn up the other street—there was not a great crowd—it did not make a great impression on me—I saw nobody making gestures or excited, besides unhappy Miller—I cannot tell you whether it was the first or second time that I went to the Town-hall that I saw this pantomime going on—I was up in London at Gibson's, in Newgate-street, in the second class—I mean that there was not party down stairs—my party drank wine but I did not—there was no champagne; I never saw any even on the night they won—I did not go to the theatre—there was not a class above us—we were up stairs—there were a dozen or twenty in our class—we had a good breakfast every morning, a substantial luncheon, dinner, and supper—I never saw any of them put to bed tipsy—I do not know that cigars were supplied too—there was smoking—I did see some of them put their hands in their pockets, but we got what we liked to call for—they never denied us anything—I do smoke occasionally—I did not pay for my cigars; I never had one, I had a pipe—I did not pay for that—I never paid for a single thing—I was not there ten days; I think it was four days—I was there from Monday morning up to the day the inquiry was withdrawn—left on Friday morning, not to go to Berwick; I wanted to stop a few days, as I was not very well, and I went to a friend's—as a second class man, I got 4l. to pay expenses coming up—that cost me 30s.—I got 10l. altogether for four days, and my board and lodging; that cost me 3l.
MR. SOLICITOR GENERAL. Q. How many days were you altogether in London? A. A week—I left home on the Sunday night, and got home again next Sunday morning—I do not remember the day of the month upon which I went back—I went back with some of the people who had come up to be examined—I saw Mr. M'Gall go back, and Mr. Weatherby—to was after the Committee was over that I went back—I was paid for my expenses, and also for loss of time.
JANE TURNBULL . I live at Berwick, and have for between thirty and forty years—I cannot say exactly the time—I was employed at Gibson's public-house on the polling day at the last election to help wait—there was a Committee room at that house—I suppose it was Mr. Hodgson's Committee room—it was up stairs—a good many people were going up and down the stairs to the Committee room—having lived there so long, I knew that some of them were freemen and voters—I could not name them all—I saw M'Gall at Gibson's that day—I first saw him in the fore part of the day—I think I saw him there more than once—I am not sure—I saw him going up stairs—I heard him ask some of those whom I knew to be voters to go and poll—I saw Robert Blaylock there that day—I saw him in the fore part of the day, and again after the poll—I saw him go up stairs—I could not exactly say whether M'Gall was at the house when Blaylock went up stairs—I saw M'Gall in the street, near Gibson's that day; about 1 o'clock; about the dinner hour; I could not say to half-an-hour—he was talking to Mr. Miller—I live a little farther up the street—I went to see my little girl, and as I returned to Gibson's, I saw them talking together on the other side; not the side of the street that I was—I was on one side, and they were on the other—they were on the opposite side of the street to Gibson's—M'Gall had one foot on the flags, and Miller was next the windows, close to the houses—I only saw them together just as I passed—I did not stop any time—I could not hear what they were saying—I could observe that they were talking—I never saw Miller in the house that day, not that I can recollect.
Cross-examined by SIR F. SLADE. Q. Were you examined before the Committee in the House of Commons? A. Yes—I do not know whether they asked me distinctly whether I saw Blaylock go up stairs—I saw him going up stairs when I was going from the bar to the kitchen—there were a great many people in the town—there was an excursion train from Edinborough that day—I was very much engaged—I saw a man named Blaylock going up stairs—I do not know whether I was ever asked, but I answered all the questions I was asked—I do not know whether I ever stated it to the attorneys—my statement is there—I came up to Mr. Gibson's in Newgate-street, on, I think, Monday night, and stayed there two or three days I think—I only took ale at dinner—there were a good many ladies besides me—I had no gentlemen with me—I cannot tell whom I saw amongst the ladies—I got 3l. to come up with, and 3l. to go down—I got my days' wages while I was staying here; so much a day—I do not know whether it was 7s. 6d. for three days—I got it altogether—I cannot tell—Mr. Gibson pays me a shilling a day at Berwick as my earnings; and I get more—I got 1s. 6d., and all my victuals—I got 7s. 6d. here and all my victuals; but I had to get a person to mind my house, as my husband was here—it was on the day of the poll that I saw Miller talking to M'Gall, when M'Gall's foot was on the kerb—I always remembered that.
Q. You say here, "Did you see William Miller in the house that day? I cannot exactly say; I do not mind seeing him that day." A. Yes, that is right—that was in the house you know—I did not say before the Committee that I had seen Miller talking to M'Gall—I never was asked.
This being the case for the prosecution, SIR F. SLADE submitted, first, that it was necessary to constitute perjury, that it must be committed on a material point, which was not the case here; as the question before the Committee had resolved itself into a question of scrutiny, and scrutiny only; Secondly,
that perjury cannot be assigned upon a question which a man answers untruly, if it is one which he is not bound to answer (See Roscoe's Criminal Evidence, page 300), and, thirdly, that the evidence only amounted to oath against oath, uncorroborated by any independant witness, which was not sufficient to constitute perjury. THE COURT considered that the third point was one which must be reserved if it became necessary, and that MR. SOLICITOR GENERAL need not address himself at present to the others. NOT GUILTY .
589. HENRY JOHNSON (34) , Stealing, on 17th December, 72 yards of camlet, 150 yards of alpaca, and 48 yards of mohair cloth; and, on 2d March, 336 yards of mohair cloth, 40 yards of alpaca, 2 dress pieces, and 1 table cover; and, on 18th April, 160 yards of alpaca, and 36 yards of mohair, the property of Thomas Warren; to which he
PLEADED GUILTY .— Confined Eighteen Months.
There was another indictment against the prisoner.
PLEADED GUILTY .*— Confined Six Months.
MR. METCALFE, for the prosecution, stated that he should not be able to obtain witnesses from the Custom-house at Paris, and must therefore offer no evidence. NOT GUILTY .
FREDERICK CHARLES ANDREWS . I am shopman to James Turner an ironmonger, of 7, Bishopsgate-street—on 8th June the prisoner brought me this order—(produced) (Read: "June 8th, 1860. Please send as under, one down each, 12 x 14 bastard files, for R. Dale and Son. James Dale")—he did not say anything—I gave them to him—we had not done business with Messrs. Dale before, but knew them by name.
JAMES DALE . I am a copper-smith of Upper Thames-street, carrying on business in the name of R. Dale and Son—the prisoner was in our employ about 6 years ago, and was in the habit of going for goods to different houses—this order is not written by our authority—I do not know the writing.
WALTER SHEPHARD (City-policeman). The prisoner was given in my custody, and I found on him this other order (produced) for 7lbs. of brass wire for Messrs Dale and Son—the paper exactly corresponded with the other—I asked him how he accounted for it; he made no reply—there was 2 1/2 d. found on him—I saw him fidgeting, and he produced 14s. from a private pocket.
Prisoner's Defence. I had nothing to do with the forgery—I cannot write so well—my friend kept it in my cap for fear it should be found on him. GUILTY of the uttering. He was further charged with having been before convicted.
JOHN LEONARD (Policeman M, 136). I produce a certificate (Read: Central Criminal Court: John Brown, Convicted January, 1855, of forging and uttering a request for the delivery of 60 files; sentenced to Four years fan Penal Servitude")—the prisoner is the person—there were two other indictments then, and a former conviction was produced against him.
GUILTY.— Four Years' Penal Servitude.
NEW COURT.—Tuesday, July 10, 1860
PRESENT—Mr. Ald. MECHI, and MR. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Four Months.
597. HENRY COOPER (37) , Unlawfully obtaining, within three months of his being adjudged a bankrupt, goods, value 80l., the property of Alfred Le Mare, with intent to cheat and defraud him thereof; to which he
PLEADED GUILTY.— Judgment Respited.
MESSRS. BEST and POLAND conducted the Prosecution.
EMMA WATERS . I am barmaid at the Crown public-house, Long Acre. which is kept by my father—on the night of 12th June the prisoners came in together at about half-past seven—Jones asked for a pint of porter—I served them—the woman drank half the porter, and the man said he would rather have some gin for it if I would exchange it—I did so—he gave me 1s.; I gave him 10d. change—they then both left the house—I put the shilling that the man gave me into the till—there was no other there—about ten minutes afterwards the prisoners came again with three other men—Vigo asked for a pot of porter—I served her and she gave me a shilling in payment—I gave her 8d. change, and I put that shilling into the till—I had been to the till with some coppers between the time they came in first and when they came in the second time—I had not put any shillings in between the first and second visit—the prisoners and the other men drank the pot of beer, and Vigo said to me, "Fill this pot again"—I did so; Jones then gave me a shilling in payment—I went to the till, still keeping the shilling in my hand; I found I had not got a sixpence—I took from the till a shilling and a florin and gave it to the waiter, Thomas Christmas, to get change; when I gave them to him he said, "This will not do, it is a bad one," he said the shilling was bad—Jones then asked for some gin; he heard what Christmas said—Christmas then went round the bar and said to Jones, "Have you got any more of this sort," and he said, "Oh, yes, plenty"—and took a shilling from his pocket and threw it on the counter—Christmas took it up and looked at it, and said it was bad—a policeman was sent
for, and the prisoners were given into custody—Christmas took up the shilling that was given to me on the last ocaasion, the one that I kept in my hand—I gave it to the policeman, and the one I had taken out of the till to give to the waiter to get change, and the one the prisoner took from his pocket—I did not see another shilling taken from the till.
SARAH WATERS . I am the mother of the last witness—I was at the Crown on the night of 12th June, when the prisoners were taken into custody—I went to the till directly the prisoners left the house—I found a bad shilling there—I broke it in two and gave it to the constable.
THOMAS CHRISTMAS . I am waiter at the Crown public-house—on the evening of 12th June the prisoners came in there; whilst they were there Emma Waters gave me a florin and a shilling—I found the shilling was bad, and I went to the male prisoner and asked him if he had got any more about him; he said, "Yes, plenty," and took a shilling out of his pocket, and threw it on the counter—it was bad—I gave them to Miss Waters.
WILLIAM EMMERSON (Policeman, 104 F). I took the prisoner into custody on 12th June last—I produce three counterfeit shillings which I received from Miss Emma Waters—I afterwards received another from Mrs. Waters—this is it (produced), one was broken in two pieces—I did not search Jones—I saw him searched; 4d. in copper was found on him—the female prisoner was not searched in my presence—a fourpenny piece was found on her, I think, and 6d. and 2d. in copper.
Jones's Defence. Is it feasible that I should stand in front of a bar and change two or three shillings, when I had the change of one in my pocket? I changed one shilling in the house, and as to knowing whether it was good or bad I did not. I changed a half-crown in the Hay market and got 2s. and 3 1/2 d., I did not know they were bad.
Vigo's Defence. I am an unfortunate girl; four weeks last Wednesday evening I met a man; a stranger to me, he offered to treat me. I went to a public-house in Long Acre with him, and had some porter; I drank part of the beer, the man changed the glass of beer that was left for a glass of gin; we came out of that house, he then said, "Now, will you treat me?—I said I had no money; he said he would give me a shilling and I must treat him out of it. We went back to the same house and met three men; we had one pot of porter, and I paid for it out of the shilling the man gave me. He then called for some more beer and some gin, and left the house; the barmaid had sent for some sixpences, and the waiter stopped us and said the money we had given was bad.
JONES, GUILTY .— Confined Twelve Months.
VIGO, GUILTY .— Confined Nine Months.
MR. BEST conducted the Prosecution.
THOMAS GANT . I am barman at the Apollo, in Paddington-street—on 9th June the prisoner came with another young man—I served them with a pint of porter—the prisoner gave me a half-crown in payment—I gave it to my master—I am quite sure the prisoner is the man—I saw him again on 15th—I think Mr. Gurney spoke to him after they had given the half-crown; he broke the half-crown in two—the prisoner paid with a good shilling.
Cross-examined by MR. COOPER. Q. What time was this? A. Half-past
five in the afternoon—I had not known him before—he did not sit down, he stood at the bar—he remained a few minutes after he had given the half-crown—he gave a good shilling—he was not taken till the 11th, on the Monday—my master gave him the half-crown back—I have not got it.
FREDERICK GURNET . On Saturday, the 9th June, I saw the prisoner with another man at the bar of the Apollo—my mother keeps the Apollo—I was staying there at the time—I saw the barman serve them with a pint of porter and saw the prisoner give a half-crown; the barman threw it down to me at the bar door—I found it was bad—I said to the prisoner, "This is a bad half-crown," and broke it in half, I could do that easily—the prisoner said, "Let me have it back again, I will take it to my master's, whom I had it of, in Thames-street"—he then gave me a good shilling in payment-change was given, and he and the other man left—he took the two pieces with him.
Cross-examined. Q. How long did he stay in your house? A. About ten minutes—we have a great deal of custom; persons were coming in and going out—I had never Been him before—I was searched for by the police—I came up here rather against my will—I had just sat down in the parlour when the barman threw me the half-crown—I could see all over the bar.
HENRY INGRAM . I am barman at the Stag public-house, Dorset-street, Marylebone—I remember the prisoner coming with another man—he asked for a pint of porter—I served him, and he gave me a bad half-crown—I asked the prisoner where he got it from—he said, "Give it me back, and I will take it where I got it, in Thames-street"—I broke it in two, gave the piece to my master, and he returned them to the prisoner—a constable, 77 D, was sent for, and he was given into custody.
Cross-examined. Q. Have you taken bad half-crowns and shillings in your lifetime befor? A. Never; I have seen them offered.
HENRY TAYLOR (Policeman, D 77). I was sent for to the Stag public-house, on 11th June last—I received from the master of the last witness, in his presence, these two pieces of coin (produced)—I found the prisoner there—he was given into my custody—I found on him the change that was given out of the good half-crown—I asked him where he lived, and he said, at 6, Anchor-yard, Old-street—I have been there—he is not known there.
The prisoner's statement before the Magistrate was here read as follows: "I never was in Mr. Gurney's house."
GUILTY .— Confined Six Months.
Before Robert Malcolm Kerr, Esq.
MESSRS. BEST and POLAND conducted the Prosecution.
REBECCA MILLER . I am employed at a baker's shop, 65, South Audleystreet—on Saturday, 23d June, O'Connor came to the shop about 4 o'clock—I served him with a twopenny loaf—he gave me in payment a good halfcrown—I gave him 2s. 4d. change—the two shillings were good—I saw him move his hand about, and put it to his mouth—he hesitated a good deal, and then asked me to give him two sixpences for a shilling—he gave me a shilling—I looked at it, and found it was bad—I am quite sure it was not one I had given him—he left the shop, and took the shilling with him—I saw him join a woman outside—I did not see her face—when I said it was bad, he said, "Is it," and went away—he went out calmly.
—I know South Andley-street—on 23d June, about 4 o'clock, the two prisoners came in together—they both asked for gin—I saw O'Connor give Price something—I served them with it—one of them gave ma a shilling—I gave them 7d. change—they then asked for some meat, and directed them to another house to get it—they had a few words, and O'Connor went out, and Price gave me some money wrapped in a piece of paper, and asked me if it was good or bad—there were four shillings—a piece of paper was between the shillings, and the whole wrapped up—I said it was bad, and she said the man had given it to her—I told her it was bad, and she then said that I had taken a bad shilling for the gin—the barman went to the till and took out a bad shilling—I said the man was standing on the opposite side, and I sent the barman for him—when he came, I asked him for a good shilling, as the shilling he gave me was a bad one—he said he did not give me one—I said, "You gave it to the woman to give me"—a policeman was sent for and the prisoners were taken.
O'Connor. Q. I called for a pint of beer, and gave you a 2s. piece, and you gave me change. A. Yes, you asked me where to get meat, and I told you over the way—I did not see you with any bad money—I saw you give Price something—I heard some conversation, I don't know what.
COURT Q. Did you say to him that you would send for a policeman if he did not give you a shilling? A. Yes—had he given me one, I would not have sent for a policeman.
SAMUEL LINES . I am barman at the house where the last witness lives—I remember her giving me these four shillings—they were bad—I gave them to the barmaid, while I went and fetched O'Connor back—after that I took the shillings from the barmaid and gave them to the policeman—I took a shilling out of the till and gave it to the barmaid, and she gave it to the constable in my presence.
SAMUEL GRISHAM (Policeman, C 132). On 23d June I was sent for to 43, Mount-street—the prisoners were given into my custody—O'Connor told me at the station that he gave the money to the woman in the house—I found on him half a bad shilling, eight good shillings, six sixpences, two threepenny pieces, and threepence-halfpenny in copper—I produce one bad shilling, and four shillings—the female searcher gave me one shilling.
O'Connor. Q. Did I make any resistance? A. No.
MARY ANN BOLTON . I am the female searcher at the police-station—I was there on the 23d of June—I searched Price, and found on her a bad shilling, which I marked, and gave to the inspector on duty—this is it
The prisoners statements before the Magistrate were here read as follows:—Price says, "On Saturday week I met the man in the park, where I had gone to see the review; he came up and spoke to me; I said I wanted to get out, and he said, 'Come and have some beer;' I said, 'I have no money;' he said, 'I have plenty;' we went away together; we passed a baker's shop, and he said to me, 'Go on,' and he went in; we then went to a public-house, and he called for some gin; he gave me a shilling, and I paid, and gave him the 7d. change; we went into the next bar and had some beer, and he said, 'You mind this,' he gave me a paper parcel, and I put it into my pocket; he went out of the house; I put my hand in my pocket and took out the parcel; I saw it contained money; I took it to the barmaid, who said it was bad money, and told me to fetch the man;
I then told her that the shilling I had paid her for the gin was one of the same kind, and it must be bad also. The man had told me before that there had been fault found with the money at the baker's. I can only account for the shilling being in my pocket, by saying, that it came out of the parcel he gave me; the paper was torn. I had no money."—O'Connor says, "I met the woman, and asked her to have some beer; she gave me the shilling to pay for the bread; I saw it was bad; I paid for it with a good half-crown of mine; she then proposed to have some gin, and I returned the shilling to her she paid for the gin, and I had some beer, and paid for it with a good 2s. piece."
NOT GUILTY .
Four year's Penal Servitude.
NOT GUILTY .
HANNAH CLARK . I am barmaid at the Swan Tavern in Leadenhallmarket—on 13th June the prisoner came about 5 o'clock and asked for half a pint of porter—I served him—he gave me a bad sixpence—Mr. Potter was at the bar—he told me to look at the sixpence, and it was bad—the prisoner did not say anything—I sent for a policeman and gave him in charge with the sixpence.
Cross-examined by MR. LILIEY. Q. Had you seen the prisoner before? A. No; not to my knowledge—he came alone—he was at once given into custody."
WILLIAM POTTER . I am a licensed victualler in Great Tower-street—on 9th June, between 4 and 5 o'clock, the prisoner came and asked for half-a-pint of porter—I served him—he tendered me a shilling—I said, "This is bad"—he ran out of the bar and ran four or five steps—I pursued and brought him back—I questioned him again and asked him where he obtained the shilling—he said it was given him by a gentleman for carrying a carpet bag, or a bag—I said, "What object had you in running away, it looks very suspicious; I shall send for a policeman"—he then said his sight was defective—i sent for an officer and gave him in custody—I marked the shilling and gave it to the officer—on 13th June, I was at the bar of the Swan in Leadenhall-market—the prisoner was standing there—I told the barmaid she had better look at the money he had given her, and she said it was bad—I did not go before the Magistrate about my own charge—the prisoner was discharged.
Cross-examined. Q. How long was it afterwards that you saw the prisoner at the Swan? A. On the 13th—the Swan is about three-quarters of a mile from my house—I took hold of the prisoner—he spoke of his defective sight at the time.
ROBERT ADAMS (City-policeman, 576). On 13th June I was called to the Swan Tavern—the prisoner was given into my custody, and Mr. Potter said he had passed a bad shilling to him in the week before—the prisoner gave his address correct—he gave the name of Williams, but his name is Rolfe—I
found no money of any kind on him—he said he had this sixpence given him by a gentleman for carrying a parcel—this is the sixpence.
Cross-examined. Q. Did you go to the address he gave you? A. Yes; I there found his mother—she is not here.
WILLIAM KNIGHT (City-policeman, 569). I was sent for to Mr. Potter's on 9th June the prisoner was given in my charge for, attempting to pass a bad shilling—he said a gentleman gave it him for carrying a parcel—he gave his name Charles Williams I took him to the station—I found nothing on him Mr. Potter did not give him in charge.
NOT GUILTY .
PLEADED GUILTY . Confined Six Months.
PLEADED GUILTY . Three Years' Penal Servitude.
PLEADED GUILTY . Four Years' Penal Servitude ,
OLD COURT, Wednesday, July llth, 1860.
PRESENT The Right Hon. the LORD MAYOR; The Lord Chief Baron POLLOCK; Mr. Justice CROMPTON; Mr. Ald. FINNIS, and Mr. Ald. ROSE.
Before the Lord Chief Baron Pollock.
607. THOMAS BAXTER was charged on the Coroner's Inquisition only, with feloniously killing and slaying Catherine Kenney. No Counsel appearing for the prosecution, and the Grand jury having ignored the bill which had been brought before them against the prisoner for the same offence, the COURT directed a verdict of NOT GUILTY
MR. COOPER conducted the Prosecution and MR. PEARCE the Defence.
NOT GUILTY .
MR. COOPER conducted the Prosecution and MR. PEARCE the Defence.
NOT GUILTY . (See also page 370).
NEW COURT. Wednesday, July llth, 1860.
PRESENT Mr. Justice CROMPTON; Mr. Ald. FINNIS; Mr. Ald. MECHI;
and ROBERT MALCOLM KERR, Esq.
For the case of Eliza Harriet Mary Feltham tried this day, see Surrey cases.
THIRD COURT.—Wednesday, July 1lth, 1860.
PRESENT—MR. RECORDER; Mr. Ald. FINNIS; Mr. Ald. ROSE; and Mr.
Before Mr. Common Serjeant.
MESSRS. COOPER and SHARPE conducted the Prosecution.
GEORGE LEGG (City-policeman, 440). On 6th June, about 4 o'clock, I saw Crouch go into a marine store dealer's shop, in St. Mary-at-hill, kept by a man named Daley, who is the husband of the woman at the bar—Cronch had a white apron on with a parcel in it, and a pitcher on his shoulder—he remained in there a few minutes and then came out with the pitcher in his hand, but without the parcel—I followed him to 7l., Great Tower-street, where Mr. Pugh, his master, lives—going along I made a communication to Sergeant Funnell—I then returned with Crouch to St. Mary-at-hill—when we reached there I waited outside with him while Sergeant Fuunell went in—I was called in very soon afterwards, and went in with the boy—the prisoner Daley was there—she said as I went up stairs that the children were dressing in the front room where Mrs. Daley was—I saw some spilt coffee on the carpet—I then went up stairs—I saw one girl at the bed, putting some parcels between the bed and the bedclothes; pulling the clothes down—I looked there and found a large apron with raw coffee in it, and also currants, and sugar—I found some cochineal and indigo in the place; some of it was under the sofa—I went to the window of the top floor front room, and in the gutter I found three parcels of sugar—this (produced) is the sugar about which this charge is—I have seen Crouch go there eight times before—when I went in Funnell had some sugar in his hand—Daley did not say anything then—she said something to Funnell while I was searching the house; I could not say what it was—in going up the house I saw one little girl on a ladder placed just over the staircase; there is a kind of trap through the skylight—I went up and found four parcels between the ledge and the parapet—I saw a hole cut through the ceiling into the shop, so that a person if kneeling down could see into the shop—we found a great quantity of things in searching the house—these (produced) are some of them.
Cross-examined by MR. SLEIGH (for Daley). Q. Did you find down stairs in the shop, as well as up stairs, groceries of the description you have named; coffee, spices, sugar, currants, and such things? A. There were some, what I should consider samples—we did not bring those away—I do not, of my own knowledge, know that people gain a living by dealing in samples of small quantities of such things as these, sweepings from wholesale druggists and grocers—I have heard of it—I have never been engaged in it myself—I have not seen this bill in the window of Mrs. Daley's husband—I have seen it at different merchants—(Read;"Wanted to purchase all kinds of samples, colonial and home produce, by W. J Daley, at 5, St. Mary-at-hill, Eastcheap, E. C., adjoining Peek, Brothers, and Company. Warehouses and offices cleared of old stores. N. B. Goods sold on commission)—I have brought some old plate here—Mrs. Daley told me that it was her own property, and that it had been left her by a relation; I have not brought it to help this case—I did not hear the conversation
between Funnell and Mrs. Daley—I did not hear Mrs. Daley say how much she had paid for this sugar—I did not hear her say that while she was up stairs with the children Mrs. Webb took in the sugar, and paid for it, calling it sweepings—I have heard Funnell say that she said, I have been very particular, because I have been told that officers are watching my shop;" but I did not hear it—these two parcels of sugar are what she gave up—these others do not form part of the 14lbs.
EDWARD FUNNELL (City-policeman). On 5th June, about 4 o'clock, I went to Pugh's, at Great Tower-street—I saw Crouch having some money in his band—I did not see Daley then, I saw her about quarter of an hour afterwards—I took Crouch back to Tower-street—he had a pitcher in his hand—I followed him into the warehouse, and said, "I am an officer; give me that money which you have just put in your pocket"—he pulled it out and gave me 2s. 2d.—I said, "What have you taken to Mrs. Daley's at St. Mary-at-hill, and sold?"—he said, "Sugar"—I said," Where did you get it from?"—he said, "From off the bench, and wrapped it up in some of that paper which lies in the corner"—I asked him how much he had taken; he said the woman told him 14lbs.—he pointed out some paper that lay in a corner of the warehouse on the bench where the sugar was taken from—he said the woman paid him the money—I said, "Now you must go back with me to St. Mary-at-hill;" that was to Mrs. Daley's—I left him in charge of Legg—we went down to Daley's; I left Legg outside—I went into Mrs. Daley's—I saw a woman in the shop, who I knew was not Mrs. Daley; Mrs. Daley was up stairs—the woman went up stairs to her, and then said that Mrs. Daley would come down in a few minutes—I heard a great noise overhead—I looked up and saw a square hole cut through the ceiling, and Mrs. Daley was kneeling down looking at me through it—there was a pane of glass that would move backwards and forwards, so that she could see any one that came into the shop—there was nothing over the pane of glass when I first saw it—I said to her, "now you must come down or else I shall come up there"—afterwards I found a piece of oil cloth that would cover over it—that was on the first floor—there is a table over it in the room to prevent any one tumbling through—Mrs. Daley came down, and I said, "Have you bought any sugar of any one to-day?"—she said, "No"—I said, "Are you sure: not of anybody?—she said, "No"—I said, "I have got the boy in custody that you bought some of just now, and he is outside the door"—I did not say what he had told me—she said, "Oh! come up here"—she went up stairs and I followed her—she pointed out those two parcels of sugar—they were lying on the drawers—I said, "How came you to tell me you had not bought any?"—she said, "The woman took it in"—I said, "Who paid for it?"—she said,"I did"—I said, "What did you give him?"—she said, "2d. a pound"—I said, "You must come down stairs along with me"—I took the sugar down and called Legg and the boy in, and said to the boy, "Which of these two women paid you the money?"—the boy pointed to Mrs. Daley—I then told Legg to go and get another officer, which he did—as soon as the officer came he took charge of the boy and the sugar—we went up stairs—I told her she must consider herself in my custody—there is 15lbs. of sugar here, without the paper—I saw Legg find something in the room—he found some coffee in the bed—when I told Mrs. Daley that she must consider herself in my custody, she said, "Oh dear, I have been so careful about buying, for I was told that there were officers on the hill, watching our shop"—I made no answer to that—I enquired as to whose bed it was
in which the coffee was found—Mrs. Daley told me it was the lodger's; a person named Williams—the husband came in as Legg was taking the plate out of the chest of drawers—Mrs. Daley was present—Daley said, "Are you going to take that away?"—I said, "Certainly"—he said, "I can tell you who that belongs to; it belongs to Mrs. Daley's friends"—I said, "Well, there are different crests on it, I shall take it away"—Mrs. Daley said that it belonged to them; that she had had it by her some time, and that they had pledged it two or three times—this Spanish liquorice was found in the shop, and also this gun-metal, spice, cochineal, and a bag of gutta percha—I saw a great quantity of old sacks and bags of all sorts, with different names on them—I took them to the station—Crouch did not say anything to me at the station or anything that I heard—he told me at the Mansion House that he had taken a great quantity at different times—he said he had been there about twelve or thirteen times with sugar—I asked him who bought it—he said, "Sometimes the woman, sometimes a boy; and the husband was present on one or two occasions."
Cross-examined. Q. The female, Daley, was not present at that conversation? A. No—the hole which I have mentioned is up stairs; between the up stairs room and the shop—there is no back room for the people to live in behind the shop—they live up stairs, and have got a place to look down into the shop to see if anybody is in the shop, but I never saw the shop left alone.
MR. SHAKPE. Q. How was the table? A. Standing over the hole—a person could not look down without getting on their knees and stooping down.
WILLIAM PUGH . I am a sugar-broker, carrying on business at 71, Great Tower-street, in the City—Crouch was errand boy in my employment—this is Havannah sugar—I believe it to be my property—it is precisely the same kind as some that I have got—I have got some which I suspect is some of this; I found it in a saw-dust bin after we had been at the Mansion House—I have missed some of it several times, and I have said to the boy that I suspected something wrong, having seen sugar scattered about—the sugar produced by the policeman is wrapped in a piece of newspaper, and the corresponding piece I produce from our premises—it is the same date; part of the same paper—that sugar is worth 4 1/2d. a pound—a person dealing in sugar would know that the value was much greater than 2d. a pound—there is no such price in the market.
Cross-examined. Q. 2d. a pound is about the price of what are called sweepings, is it not? A. I should not think that there were any sweepings worth 2d. a pound—there are not warehouse sweepings of sugar—there is not much spilled about—I am not aware that there are sweepings, and that I they are collected by persons in the establishment and sold as sweepings—they are not given away as any part of the perquisites—supposing this sugar was mine, the boy had no right to it whatever—they do not give the samples as perquisites in some establishments—it would cost too much money—all I say of this sugar is, that it is precisely the same kind that I have in stock—I have some similar—this is a kind of sugar of which there are large quantities probably within gun-shot of my place—this is a public paper.
MR. SHARPE. Q. I suppose it is the custom about the neighbourhood, as well as having the same sugar, to wrap it up in the same newspaper? A. No; they generally wrap it in blue.
ROBERT WILLIAMS . I am a copper smith, and lodge at Mrs. Daley's, at St. Mary-at-hill—I was lodging there on the 4th, 5th, and 6th June last—I never left any coffee in my bed—I do not know of any coffee having been put in my bed, with my sanction, by any one—I have no coffee at all.
MARY ANN WEBB . I am a charwoman, and live at 5, New-street, Field gate-street, Whitechapel—I was in Mrs. Daley's employment two days, Friday and Saturday—on 5th June I saw Crouch—he came to Mrs. Daley's and brought some sugar sweepings; he told me they were—one parcel was in his apron, and the other was in a jug or stone pitcher—he said, "I have brought some sugar sweepings"—I took them out of the handkerchief and put them in the scale—he said, "I have some more in the jug"—I went to him and helped him to get it out of the jug—as he took it out the paper broke—I took a piece of newspaper which I had been reading, and opened it in the middle of the shop—I put the sugar into it out of the jug—I was there when the constable took away the sugar—he took it away in the paper that I put it in—the boy did not ask me to weigh the sugar—I put it in the scale—he asked me what the weight was—I said, *I don't know the weights"—he looked over and said, "I think it is fourteen pounds"—I said, "I must go up to Mrs. Daley," and I took it and went up, and said to her, "A lad has brought some sugar sweepings"—she said, "Put it down"—she went down stairs into the shop—I did not see her pay for it—I did not pay for it—the boy left it—I put it on the drawers when I took it up—I did not see the boy after I went down—it might be about five minutes from the time I went up stairs to when I went into the shop again, and then the boy had gone, and the sugar had been left.
Cross-examined. Q. Did you go up with Legg or Funnell, the officers, when they came in? A. No; I was in the shop—it was between 3 and 4 o'clock in the afternoon—when the boy came in he said it was sweepings—that was in the open shop—I had not the least idea of it being stolen—there was nothing in his manner to make me think so.
COURT Q. Did you know the boy? A. I never saw him before to my knowledge.
MR. SLEIGH. Q. I believe that is what these people deal in; they buy this sort of samples? A. No.
(MR. SLEIGH contended that there was no felonious receipt on the part of Daley, she acting on behalf of her husband. MR. SHARPE submitted that it would not be her duty to buy sugar in her husband's absence. THE COURT was of opinion that she could not be held responsible for any act done in her husband's absence, unless it was clearly a separate act. DALEY.— NOT GUILTY .
CROUCH— GUILTY.—Recommended to Mercy by the Jury on account of his youth, and also by the prosecutor. — Confined Six Months.
OLD COURT.—Thursday, July 12th, 1860.
PRESENT—THE LORD CHIEF BARON POLLOCK; Mr. Ald. ROSE; Mr. Ald. MECHI; Mr. Ald. ABBISS; and Mr. COMMON SERJEANT.
Before the Lord Chief Baron Pollock.
MESSRS. COOPER and HORRY conducted the Prosecution and MR. PEARCE the Defence. GUILTY .— DEATH recorded.
MR. PLATT conducted the Prosecution. GUILTY .— Confined Nine Month.
614. JOHN LETFORD (19) , Burglariously breaking and entering the dwelling-house of William Hornsey, and stealing therein 8 coats, 30 pairs of boots, 15 pairs of shoes, 3 gowns, and 2 shawls, his property. Second Count, feloniously receiving the same. MR. DICKIE conducted the Prosecution
JOSEPH ROWE (Policeman, G 270.). On Friday morning, 12th June, I was on duty in Old-street—I was called to the shop of Mr. Hoare, pawnbroker, in Old-street, about noon; half-past 12—I found the prisoner there—Yorke said, "Hornsey's house has been broken into"—I did not then know it—he produced a coat and said, "From the manner in which the lining of this coat is cut," pointing to a coat in the prisoner's hand, "I have suspicions that it is one of Mr. Hornsey's"—I then left the prisoner in charge of another constable, and proceeded to Mr. Hornsey's shop, and brought him there—he said that it was his coats; he knew it from the shape and make, and said he would show me the mark—he turned it over to show me the place where it was, and the piece of lining was cut out—this (produced) is it—I took the prisoner to Old-street police-station—the inspector told me to take him to Moor-lane—after he had been taken to Old-street a woman came up and attempted to rescue him—we took her in charge—the prisoner was very violent—he gave his address, 12, Pound-court—I could hear nothing of him there.
WILLIAM HORNSEY . I live at 41, Beech-street, and am a clothier, and dealer in unredeemed pledges—my house was broken open between 12 and 2 o'clock on Friday morning, 8th June—I missed a large quantity of boots and shoes; from about 15l. to 20l. worth, I should think—an entrance had been made from the roof, at the back of the house—I am sure that I had seen every thing safe on the previous night—I am in the habit of putting a particular mark in the lining of my things—all the coats in my establishment go through my hands about four times—upon every coat that passes through my hands I put a private mark on the lining of the sleeve, in ink—I know this coat well by the shape and make of it—I have had it in stock a long time—the policeman brought it to me—I said, "That is my coat," and I said, "I will further prove it to you by showing you the mark"—I turned it over and saw that the mark was cut out—I have known the prisoner a long time by sight—I saw him by my premises the same night and have seen him by my premises many a time before.
Cross-examined by MR. METCALFE. Q. Was that made by you? A. No; it is an unredeemed pledge—I have not got the ticket here—this has been I worn—it has been under our hands three or four times—I do not mean that it has been pledged two or three times—I first buy it as an unredeemed pledge—I take it home and sort it, and then I take it up and I value it, and put my mark on it, and then I put it into my stock—I bought it of Mr. Hedges of Drury-lane—no one else is here to speak to it—I heard I the prisoner say that it was his, and that he had had it for six months—he called a pawnbroker, who did not swear that the prisoner had pledged it—it
has not been worn a very great deal—it is second band—I buy them quite worn out; then I sell them to the Jews in lots—the mark where this cut is is what I know them by, at least if the mark were here—the ink has run through on to the cloth—I did not swear to it by that; I swore to it by the shape and make—I said the mark had run through on to the cloth, but I did not swear to that mark—I do not swear to it by the piece which has been cut away—I know the shape and look of the coat—I never saw a coat before, with a mark in the sleeve—I have sold many coats, I do, not know how many in the course of the year; not many.
GEORGE RICHARD YORKE . I am assistant to Mr. Hoare, pawnbroker, of 150, Old-street—I remember the prisoner coming to me with this coat to pawn on 12th June, about a quarter past 12 in the forenoon—it attracted my attention by the piece being cut out of the sleeve—that is a very unusual thing—I never saw such a thing before—I took it indoors to the foreman and mentioned it to him—I then sent for a constable, to whom I handed it—he left the prisoner in charge of another constable; took the coat down to Mr. Hornsey, and came back with Mr. Hornsey, who identified it—while the constable was gone to Mr. Hornsey's, I asked the prisoner if the coat was his, and he said yes, he had had it for six months.
Cross-examined. Q. How long was it from the time he came in until the constable came? A. It might have been a quarter of an hour or twenty minutes—he was waiting during that time—he saw me leave the shop—he could not see me go to the foreman—he saw me take the coat with me—I did not give the coat back to the prisoner after I discovered the mark—part of it was on the counter and part of it was in my hands—while the policeman was gone, the prisoner remained in the private box, with another constable in that box with him; one of the little places for pawning.
MR. METOALFE to WILLIAM HORKSEY. Q. Can you form any notion of the number of coats you lost? A. About seven or eight, and about forty-five pairs of shoes, and about three or four shawls, and three or four gowns—they were the principal things—I do not know that there were other little things besides those—I have not missed them. NOT GUILTY .
NEW COURT. Thursday, July 12th,1860.
PRESENT.—MR. JUSTICE CROMPTON, and Mr. Ald MECHI.
Before Mr. Justice Crompton
MR. SERJEANT BALLANTCNE and MR. COOPER conducted the Prosecution.
MR. RIBTON applied for the indictment to be quashed, as fresh counts had been added since the defendants committal, which were not included in the charge before the Magistrate. MR. SERJEANT BALLANTINE stated that the charges in these counts were substantially the same as the others; but to avoid any difficulty he would withdraw them from the consideration of the Jury: and a verdict of NOT GUILTY was taken on these counts.
JAMES RICHARD NAYLOR . I am chief clerk of the House of Commons—I produce the return of the members for the Borough of Great Yarmouth; the persons returned are Sir Edmond Henry Knowles Lacon and Sir Henry Stracey—they were returned for the borough of Great Yarmouth, in the county of Norfolk—the return is dated 30th April, 1859.
WILLIAM GINGER . I am clerk in the petition department of the House of Commons—I produce the petition against the two members for the borough of Great Yarmouth election, dated 21st June 1859, the petitioners are Joseph Baily and Robert Pilgrim.
WILLIAM MOOR MOLLYNEUX . I am committee clerk of the House of Commons—I was present at the select committee appointed to try the petition for the borough of Great Yarmouth—the prisoner was examined—before he gave his evidence I administered the oath to him in the usual I way—in the course of the inquiry I received two 5l. notes—I gave them up with other papers to Mr. Webber—I don't remember who produced them.
Cross-examined by MR. RIBTON. Q. Do you remember whether you administered the oath? A. Yes; I did, I am certain.
SIR EDMOND HENRY KNOWLES LACON . I am a Banker residing at Ormsby, within five miles of Great Yarmouth—our's is an old established firm—I have been there the whole of my life—at the last general election in 1859 I, in conjunction with Sir Henry Stracey, stood for Yarmouth—I was returned—I know the defendant; he was acquainted with my person—he was a voter for Yarmouth—at the time of the election he was shopman to Mr. Walpole, a grocer of Yarmouth—the nomination day was 28th April—before the election I received a letter from the defendant; this is it—I received it about 8th April—I don't know his writing—I answered this letter—I recollect on 18th April, 1859, attending a meeting at the Victoria-gardens.
JAMES STRATFORD . I am employed by Messrs. Gurney, short-hand writers to the House of Commons—I was so employed before the Committee for examining the petition for the borough of Great Yarmouth—I was present when the defendant was under examination—I took down his evidence correctly—(Reads:)—"Q. Did you go to the Victoria-gardens? A. I did. Was there a meeting held there of his supporters? There was. Was it a day meeting or a night meeting? A night meeting. What time was it? Eight o'clock, I think, or it might be a quarter to 9, before they began. Did you see him (Sir Edmond Lacon) during the meeting? Yes, and Sir Henry Stracey too. Did you speak to him during the meeting or after? After. Where was it you spoke to him? Outside the Victoria-gardens. What time was it? It was about a quarter past 12. Was anyone with him? No. What was he doing? Walking in the road. Tell us what passed? He said, Mr. Fayerman I want to speak to you, and he took me down. What did you say? I said ‘Oh, very well, I am quite ready to speak to you.' What did he do? He took me down the road commonly called the Alma-road, just opposite the Victoria-gardens, and he said, 'Mr. Fayerman, are you going to support me and Sir Henry Stracey?' I said I had not made up my mind; he said, 'I suppose you want a little money,' I said it would be very acceptable; he said, 'Well, I will give you 5l., that is as much as I can afford, if you will vote for me and Sir Henry Stracey.' What did you say? I said, 'I will take it, and I will vote, and I will support you.' He said, 'If you will, after the election is over I will get you a situation on this new railway, if you will suppport me and my colleague.' Did he give you anything? He gave me a 5l. note. Is that it (Handing a note to the witness)? It is, and there is my signature upon it. When did you write that on it? As soon as I got home. Just read the indorsement? 'Given by Sir Edmond Lacon his
ownself, the 18th of April, 1859, at 12 o'clock at night from the Vietoriagardens.' You received this on the 18th of April, 1859, and promised to vote for Sir Emdond Lacon, did you? Yes. After that you said you had not made up your mind? Yes. You say that note was given to you on the 18th, and you promised to support Sir Edmond Lacon, and you told Mr. Reynolds that you had not made up your mind ten days afterwards? Yes, because I had not really made up my mind then. But you had taken this money then, and then you told Mr. Reynolds you had not made up your mind? Yes; because I did not know which way to go, as I always do when I am in doubt. Did you mention this to anybody, this gift of the note to anybody? No, not a word. You have got a wife, have you not? Yes, but she left me, and turned out a regular bad one."
Cross-examined. Q. Did you hear the Chairman announce the resolutions of the Committee? A. Yes; they were, "That Sir Edmond Henry Knowles Lacon, and Sir Henry Stracey are duly elected for the borough of Great Yarmouth," and "That there are strong grounds to believe that Henry Fayerman has been guilty of perjury"—he was not directed to be prosecuted—I know that in other cases they have directed prosecutions for perjury.
MR. SERJEANT BALLANTINE. Q. Do you produce two 5l. notes? A. Yes; they were impounded by order of the Committee, and handed to me by Mr. Mollyneux.
SIR EDMOND HENRY KNOWLES LACON (re-examined). Q. What time did you reach the Victoria-gardens? A. About a quarter past 8 o'clock—it is about quarter of a mile or 400 yards from my hotel—I went in a fly—when I got there, there was a meeting assembled of my supporters—Sir Henry Stracey was there; be and I addressed the meeting—the meeting broke up about quarter before 11 o'clock—I then went home with Sir Henry Stracey in a fly to the Victoria Hotel—it was the same fly that came with us, and the same driver—when we got to the hotel, I went up stairs to Sir Henry Stracey's room for a few minutes—I then came down stairs and went into the bar—I remained in the bar till about half-past 12 or a quarter before 1, and then I went to bed—the landlord of the hotel was there—after I returned to the hotel, I did not go out again that night—I did not see Fayerman that night—I dont remember that I saw him that day at all—I did not see him that night after I returned from the meeting—there was no other meeting but that at the Victoria-gardens—I did not give Fayerman a 5l. note that night; certainly not, nor any night, nor any day—I never gave him any money whatever, neither note nor money—I did not promise him a situation on the railway if he would vote for me—I never promised him any place at any time—I did not know anything about it being imputed to me that I had given the 5l. note, and promised the place, till Mr. Phinn opened it in his speech to the Committee—I had no communication any, evening with the defendant—I did not speak to him any time during the election, or the canvass—I never had any meeting with him on any evening—I never offered him any money, or promised him anything.
Cross-examined. Q. You know what a Tory is, I suppose? A. I hope so—my impression is that the members of the Committee are usually three Conservatives and two Whigs—the Tories have a majority in the Committees—I did not hear the resolution of the Committee read—I was not present—there usually is great excitement during a contested election in the town
of Yarmouth—I think I was down canvassing on 7th April—the canvass began on 7th; I think the election was the 28th—I was there from the 7th to the 28th—I did not go about the town canvassing every day, but several days, three or four in a week—I know Mr. Walpole—I did go to his shop to speak to him, not to canvass him—he never votes—I saw Fayerman there at the counter—I believe Walpole was not called before the Committee—my impression is, that he never voted—he did not promise his vote to me—I really don't remember what he did say—I attended three or four public meetings during the canvass, and up to the day of election—they were in the evening—I was accompanied by Sir Edward Stracey, and addressed the electors—there was a great deal of excitement—some of them were crowded meetings—they had what they wished to drink—there is not a hotel at the Victoria-garden—there is a pavilion that was erected for public exhibition—the pavilion was crowded that night—I should think there were 400 persons—some of them were smoking and drinking—I remained at the Victoria-garden till about quarter before 11—I smoked a cigar, and had something—the flyman drove me there; his name is Smith—he waited there—the fly was waiting when I came out—I know where Alma-road is.
Q. Is there a road there, a main thoroughfare, which they call Blackfriars-road? A. Tower-road is the main road—there is a road leading from the Tower-road by the side of the Victoria-gardens—the Victoria-gardens open into the Tower-road; you go in by that entrance to go in the pavilion—I know the Alma-road; it is parallel with the Tower-road—carriages to go from the Victoria-garden to the Victoria Hotel, would go down the Viotoria-road, which runs out of the Tower-road—the distance from Victoria-road to Alma-road, is seventy or eighty yards—when I came out of the Victoria-garden gate, I found the fly at the corner of the Tower-road, at the corner of the gate out of which I came; Sir Henry Stracey and I came out together—the flyman was three or four yards off—we came through the pavilion, and found the fly there—the flyman drove us home—he drove us several times—I went straight to the Victoria Hotel—several persons accompanied me and Sir Henry Stracey out of the pavilion, and to the fly—Marsh was one—I suppose they saw us go in the fly—Marsh was one; I cannot tell whether he saw us get into the fly—when we got to the Victoria Hotel, it was just before 11—I did not see the landlord then—I recollect on that particular night, the 18th of April 1859, going up to Sir Henry Stracey's room—my attention was first called to what took place on that night when the evidence came before the Committee last February, 1860—after such an interval, I perfectly remember the trivial circumstance of going up to Sir Henry Stracey's room; Sir Henry Stracey accompanied me—I did not go anywhere else before that—the landlord was not at home then—I don't recollect whether I spoke to the waiter, but I went straight up to Sir Henry Stracey's—when I was in the bar smoking the cigar, the landlord was there—I can't tell when he arrived—he was there a short time after I came down—I can't state whether I found him in the bar when I came down—he came in directly afterwards—I did not see the landlady there when I went up—I did not pass the bar to go up stairs—I don't remember whether anyone came in the bar—I distinctly remember coming home in the fly, and going to Sir Henry Stracey's room—I remember distinctly smoking a cigar on the evening of the 18th—I don't remember whether I smoked a cigar on the 16th or 17th—I went home on the Saturday; the other days I stayed there—I generally was in the habit of smoking a cigar—I
perfectly remember going up to Sir Henry Stracey's room, and smoking a cigar on the night of the 18th—I heard this man give his evidence before the Committee, and heard Mr. Phinn make the opening address.
Q. The committee having published the report on the 1st March this year, when did you first think of indicting this man for perjury? A. After a letter he published in the Norfolk News, on 28th April—I don't recollect the day when I gave orders to my solicitor, but it was about 5th or 6th May—the substance of that was, that he had stated the truth, and that I had committed perjury—two actions have been brought against me for slander after I commenced this prosecution—it was in consequence of words I had made use of at a public dinner—the public dinner was on the 12th of April—I heard of the action about the 9th or 10th of May—the notice was served on me on the 16th of May—I think it was in June when I first gave evidence before the police Magistrate.
Q. Did your solicitor tell you it was important that this man should be convicted before this action was tried, or anything to that effect? A. My solicitor told me it would be better to get this defendant tried before the action for slander—what I said was accusing a committee in Yarmouth of getting up evidence of a conspiracy with reference to the defendant's evidence—I left it in the hands of my solicitor; I believe I pleaded that the matter was true—I said that I did not blame that unfortunate man so much as I did the Committee—I believe those were the words I used—two actions were brought against me and I pleaded a justification that what I said was true—I don't know that this man would have been a most important witness—my solicitor told me it was important that this man should be tried before the trials came on—he did not tell me the reason; I did not ask him—I still adhere to what I have said that I do not know that this man would have been an important witness on the trial—I don't know that he was to be a witness at all—we succeeded in putting these trials off till November I believe—if it had not been for the application I believe they would have been tried last week—I believe they were put off for the absence of a material witness named Pilgrim—I rather think he is at Brighton—the real reason for these having been thrown over till November, was on account of Mr. Pilgrim's state of health—he was an important witness.
COURT Q, Do you know whether it was put off for the purpose of having this trial first. A. No.
MR. RIBTON. Q, Did you first want this changed to Norfolk. A. Yes; and then there was a fresh application to postpone it on account of the illness of a witness—I know Charles Botwright by name only—I know John Cooper—I saw him sometimes during the election—I have spoken to him when I wanted anything in his shop—I have not spoken to him in reference to the election—I don't remember canvassing him—I did not speak to him in reference to the election—I had no particular reason for abstaining—I know James Spiller; he is a friend of mine—I saw him in his own house—I canvassed him—he did not promise me his vote—I don't think he voted—I really can't tell what answer he made when I canvassed him—my impression was that he had not made up his mind—I can't say what he said—I only saw him that once during the election—he was not canvassing for me—Payne was examined before the Committee—saw Savage on the canvass; I have not had frequent communication with him—he was canvassing round—I know William Lee, he was not a canvasser of mine—he voted for me—I canvassed him—I had no communication with him during the election—I know Isaac Shelton; he was a voter; I did not
canvass him—he voted without—I had no communication with him—I never spoke to Fayerman at all during any part of the time, during the election or during the canvass.
MR. SERJEANT BALLANTINE. Q. At the Committee, after the evidence of Fayerman, you were yourself examined and I suppose cross-examined as to your statement? A. Yes I was, and it was after that that the resolution with reference to the perjury of this man was found—my opinion was that this man was only a tool in the hands of others—that was and that is my belief—I did not intend to prosecute him unless that letter had appeared—I made my speech at the public dinner on 12th April—from that time until I had commenced proceedings against this man for perjury no step had been taken against me in an action—the two actions are brought each by an attorney—I only know from their publishing their own names that those parties were on the Committee—I was not aware of those persons having been bribed; I gave no authority for it—Mr. Reynolds is my agent—I have represented Yarmouth before in Parliament—this was the first time Sir Henry Stracey had stood—I am generally in the habit of smoking a cigar in the evening—whether I recollect the cigar on that evening, I recollect the meeting at the Victoria-garden—that was the only one—Mr. Marsh has been two or three times Mayor of Yarmouth—he was not so at the time of the election—he was chairman at my meeting—Mr. Preston is my attorney—Mr. Corry is my solicitor; I left the matter in his hands—the production of this note, which was produced at the Committee, or the apprehension of any evidence he might give on the trial have had no influence on my mind in reference to this trial.
JAMES SMITH . I am a fly driver at Great Yarmouth—I was fly driver at the Royal Victoria Hotel in April, 1859—I remember the election at Yarmouth quite well—I remember driving Sir Edmond Lacon and Sir Henry Stracey to the Victoria-gardens on the evening of 18th of April—I left the Victoria Hotel from ten to twenty minutes after 8 o'clock; that is a short quarter of a mile from the gardens—on reaching the Victoria-gardens' gate the two members left the fly and walked into the gardens—I left the fly soon after and went in myself; I went straight to the pavilion; I saw the two members and heard them—after they had finished the meeting it wanted ten minutes or a quarter to 11; the meeting was then over—I then went first towards the fly and they followed me—on their coming up I opened the fly and let them in—I then shut the door, mounted the box, and drove towards the Victoria Hotel—on reaching there I saw them enter the house; that was about five or ten minutes to 11—I then took my horse in the yard; that was the end of my driving that night.
Cross-examined. Q. How long after 18th April were you first asked about this? A. On 28th April this year—I was asked about the time I took them and brought them back—Captain Marsh asked me on the 28th; I am sure of that—it was 28th April to the best of my knowledge; I recollect it quite well—I went to Captain Marsh's house and he asked me—Mr. Balls, the landlord of the Victoria, asked me to go to Captain Marsh's, and I went—Mr. Balls was in his own house—he told me to go to Captain Marsh; he went with me; he did not tell me what I was going for—I saw Captain Marsh in his house; in one of the rooms down stairs, and then he asked me what time I had taken Sir Edmond Lacon home on the 18th—I saw Captain Marsh at Westminster police-court—I mean to say that this happened on 28th April this year—I was first asked what time I had driven home Sir Edmond Lacon in April, 1859, and then I recollected the
twenty minutes to 11, the five or ten minutes, a quarter of an hour, and all the time had been driving about Yarmouth—I don't recollect what time I drive every body—Sir Edmond Lacon is the only one I can recollect; that it was from twenty minutes to 11 to a quarter—I drove him to other meetings before 18th April—there were several meetings—I can't be certain when I drove him before—I did not drive him on the 17th that I know of—I can't say that I drove him on the 16th—I don't know that I drove him on the 13th or 16th or 19th—I came up here on Monday.
MR. SERJEANT BALLANTINE. Q. Did you ever drive Sir Edmond Lacon and Sir Henry Stracy to the Victoria-gardens on any occasion but that one? A. No—I had heard them make speeches before, but never heard them make speeches at Victoria-gardens before—when the meeting terminated I went to my fly: it was at the garden door—the gentlemen followed me out—I went home and went to bed and to sleep.
SAMUEL CHARLES MARSH . I am a wine merchant—I am called Captain Marsh—I am commander of the Artillery Volunteers—I am an inhabitant of Yarmouth, and have been Mayor on two or three occasions, and a constant supporter of Conservative principles—these two gentlemen were Conservative members, I was the Chairman—I took the chair at the Victoria-gardens—I was requested to do so—I remained till the close of the meeting—both Sir Edmond Lacon and Sir Henry Stracey remained there—I saw them leave the meeting—Sir Edmond Lacon, Sir Henry Stracey, and some few others went through the meeting, the meeting making room for them—I went with them—we went then down to the fly—they both shook hands as they went along—they got in the fly and drove off—I went with them to the fly door—I know the Alma-road—it was not possible for Sir Edmond Lacon to have had any communication with Fayerman that evening: certainly not—I never lost sight of Sir Edmond Lacon till he got in the fly—if I remember, he got into the fly first; I think he did—I never lost sight of him till he got into the fly.
Cross-examined. Q. I suppose you attended a great many meetings? A. I think I attended two or three—on one of those occasions those gentlemen were not present; on the others they were, and made speeches—I was Chairman at one other meeting—I don't remember that 1 accompanied them to the fly on other occasions—I accompanied them merely in the room—I accompanied them to the door of the public-house—I never accompanied them out but on that one occasion—I was first asked about this some few months ago, after the Parliamentary inquiry—I believe Fayerman came once to my house, but I did not see him—I was at dinner—the flyman never came—I saw Mr. Balls; he called at my private residence—I saw him in my outer hall—no one was present—one of my servants let him in—he came to speak about the evening that Sir Edmond Lacon and Sir Henry Stracey came to his house—I can't say the exact time that this happened; it was this year, 1860, after the Parliamentary inquiry—I asked him about them—I had called upon him in the morning between 2 and 3 o'clock—I saw him in one of the rooms in his own house—I think it was the one on the left-hand side as you go in—I saw him there—he was alone—I asked him whether Sir Edmond Lacon and Sir Henry Stracey had slept in his house that night; he said he thought they did, but he would refer to his books and let me know—I think he said he would refer to his books and let me know—that was all that passed at that interview—I left—I was in a cab—he called on me the same day during dinner or directly afterwards—I saw him in the outer hall—he spoke first, he said he had called to tell me they slept
in his house that night, and that Sir Edmond Lacon had not gone out after he came in from the meeting—that was what he said—I don't know whether he said he had looked at his books—I don't remember that I made any answer—I might have said, "Very well"—I did not ask him into the parlour—he did not go in the parlour—I think it might be in April when he called—I may be wrong, but I think it was April, because the inquiry must have been about that time—it must be some few days after I read in the paper about the evidence—this interview took place a very few days afterwards—it might be in March—I am certain it was not in May—I have another place of business—when Mr. Balls came I did not see the driver—I believe he was outside—I think Mr. Balls said the flyman was outside.
COURT Q. You think Mr. Balls mentioned the flyman? A. Yes; I think he said he was outside.
MR. RIBTON. Q. Are you sure he was not inside? A. He was not in the parlour—I might have something to drink at the meeting—I might have one or two sixpenny-worths of brandy and water or whisky and water—I was a Whig; I am now a Conservative—I never voted against Sir Edmond Lacon.
MR. SERJEANT BALLANTINE. Q. Do you remember seeing James Smith at your house about this meeting at all? A. No; I saw the evidence of the Committee in the paper—I saw the statement made by Fayerman that on that particular night this five pound note had been given to him, and on seeing that statement I went at once to Mr. Corry and told him what I knew about it.
SAMUEL BALLS . I am landlord of the Victoria Hotel, and I was so last year—I remember the Yarmouth election last year—on that occasion the two candidates, who were afterwards members, lodged at my hotel, Sir Edmond Lacon and Sir Henry Stracey—I remember the night of the Conservative meeting at Victoria-gardens; they left my house in a fly driven by one of my servants, to go to the meeting—I was not at home when they arrived after the meeting—I saw Sir Edmond Lacon that night at a quarter-past eleven—I closed the doors of the hotel at twelve o'clock—Sir Edmond Lacon breakfasted there the next morning.
cross-examined. Q. Do you know what they had for breakfast? A. No; I have a book here which contains that they had a breakfast—I never said that I could not tell whether they had been there, without looking at a book—nobody same to ask me whether they had come there that night—it was pretty well known that they were there.
COURT Q. Did Mr. Marsh come to ask you about it? A. No; Captain Marsh never asked me.
MR. RIBTON. Q. Captain Marsh never asked you whether they had been there on the night of the 18th? A. No, never—I never told him I would look in my book and find out—Captain Marsh and I talked of this matter when the Commission came down—we talked in front of my hotel—I very frequently see Mr. Marsh, and this was in front of the hotel—I saw the account in the paper and I thought the man had committed himself, for that night that he stated that he had received the note, and at the time he stated, Sir Edmond Lacon was sitting in my bar—I think this was about 4 o'clock in the afternoon—Captain Marsh went away—I think I saw him again that evening—I rather think I called at his house—I saw him—I called on a matter of private business; nothing to do with this business—it might be between six and seven when I called on him—I went into one of his large rooms—I did not stay long—he walked down the steps with me—he went back—what he did afterwards I don't know.
MR. SERJEANT BALLANTINE. Q. Was your attention called to the newspaper report? A. Yes; I saw the day stated—I saw the evidence that Fayerman gave, and I recollected where Sir Edmond Lacon had been that day—I called the same evening at Captain Marsh's house.
COURT Q. Did you go with the flyman to his house? A. The flyman went with me on the quay, but he never went to Mr. Marsh's, nor to the house—he was about 100 yards outside, or it might be more—I left him behind and walked on—I told him I was going to Captain Marsh's—I asked him to go with me—I spoke to the flyman about this matter.
NOT GUILTY .
THIRD COURT.—Thursday, July 12th, 1860.
PRESENT—MR. RECORDER, Mr. Ald. ROSE, and Mr. Ald. ABBISS.
Before Mr. Recorder.
MR. PLATT conducted the Prosecution.
GEORGE VAVASSEUR . I am foreman to James Vavasseur and others, of 47, Cannon-street, silk manufacturers—the prisoner was in our employ on 10th April, as a weaver of silk, and had been so employed some time before that—on 16th April I gave him out forty yards of warp silk, that is unwoven silk; it weighed about forty-eight ounces—he signed a receipt for it—it was to be woven into silk—he was to make it up into neckties, and deliver it to us within twenty-eight days—I gave him a ticket, as is usual with us, telling him how the work was to be done, and in what time; that is the common course, and the workman signs the receipt—he was to make it up at a place occupied by him, No. 2, Golden-lane, City—that was a room he hired of us for that purpose—the loom there belonged to him, but the machine belonged to us—in the course of the manufacture it is necessary to use something called "leads," commonly called "lingoes;" they are small leads for the purpose of holding the silk; they also belonged to the firm—it is my duty to inspect the work as it goes on; I went to him on 26th May for the purpose of inspecting his work as he was going on with it—he was at work—as near as I could say about fifteen yards of silk was then-actually made up—if he had used proper diligence he should have brought his work home before that; the twenty-eight days had then expired some considerable time—I had paid him visits several times before that—it is very common for the work people to keep the work longer than the specified time—on 5th May, as near as I can say, he brought back sixteen and three-quarter yards—we considered that he ought to have brought us home eighteen yards; only a small quantity would be allowed for in the weaving—if we give out forty yards we should be content with receiving thirty-seven yards or so—the quantity that he was deficient would not be allowed for in the weaving—I went again on the 28th May; he was not there—it being WhitMonday I did not take particular notice of that; the door was locked at the time—I believed that the silk was safe—on the 29th, next day, I went again and examined the house; I found he was gone—when I went in I missed the silk and the leads; he gave no more silk to me than what I have mentioned, but he left a small quantity behind, about five or six ounces, for
which I have given him credit; that is part of the unmade silk—the whole of the silk that was manufactured was removed, and also part that was unmanufactured, and a small quantity of unmanufactured silk remained, the value of which was about 16s.—there was still a very large quantity deficient—ten guineas we estimate the value of that which was deficient—the lingoes were gone; more than 4,000—they were worth from 50s. to 3l.—I made a communication to the police.
Prisoner. Q. How many bobbins of silk might you have found? A. I think there were seven or eight with silk on them, but they were not all full—there might perhaps have been eight or ten bobbins with silk on—I will not swear that I found eighteen bobbins—there were two or three smaller bobbins—I believe the number of bobbins was quite correct—it very much depends on how much silk one bobbin will hold—they may hold more or less than an ounce, most likely less, on an average twenty-five bobbins take a pound of silk—the warp bobbins hold from the fifth to the sixth part of an ounce each bobbin—I will not swear to the number of empty and full bobbins, but the number given out to you corresponded with the number that we found, added to those which you had previously returned at the warehouse—we have at the warehouse the account of the silk that we discovered, and we have given you credit for it—we have not charged you with stealing the silk which you left behind you—I do not charge you with twenty yards of ready-made work—we consider that there was from sixteen to seventeen yards of work made up at the time it was removed—I will swear that I saw thirteen yards of work made on 26th May—that was on your beam—I am not acquainted with the precise value of that work after it is ready-made—I know the value of silk before it is woven—I have not got the particulars of the exact weight that was given out—the length was forty yards—I have not got the precise weight of the sixteen and three-quarter yards of silk that I received home—I said I believed there were four or five more bobbins—I do not swear it—I think there was an ounce of silk on the warp—when I went to your house on Monday I saw several of the tenants who reside there; I saw your next door neighhour—I did not see you—I think I came between five and six o'clock on Monday, the 28th May—to the best of my recollection the place was fastened up—I don't remember coming in and seeing you at work—I have a very great many things to think of; I have stated the evidence to the best of my recollection, and as far as remember the place was closed and I did not see you on that day—I enquired about you there, and I was told that you had had a quarrel with a man and had been kicked down stairs; a man named Wade told me that—I believe that was about five o'clock—I did not go to your place any more that evening—I went there again on Tuesday evening about six o'clock, the place was fastened up and I saw nothing until one of the work people broke away part of the fastening of the doors, and when I went into the place I found the work had been violently removed, and that the leads had been cut away from the machine—I would swear that 4,200 were cut away—they were all taken away—there were 5,200 leads—you could not work with one less than that number—they were all gone except a few that were found on the floor—I am not able to say what the market price of the leads is per thousand—your place was safe enough when I saw you there at work on Saturday the 26th May—that was the last time I saw you there at work—I found only a small quantity of silk waste—the forty yards of silk that I gave you was violet and the other colour was nankeen—there was forty yards of violet and twenty yards
of nankeen—I gave you twenty-one days to do that in—I gave you a document and you signed it.
MR. PLATT. Q. Making every allowance, allowing him for the fifteen yards, and allowing him for the remainder, is there still a deficiency of ten guineas worth? A. Yes—it was forcibly taken away from the loom—the prisoner was not there when I went in and found the property gone.
COURT Q. You have spoken of some paper; have you got that paper? A. Yes—that 1,300 represents the exact number of warped threads—that number is required in order to make the proper width and proper quantity—"two hundred shoots" means the proper quantity of silk that is to be shot across and across, in order to make up the quantity: "twenty-eight days allowed for work"—the length is not there, or the weight—they never give us a receipt for the quantity they receive.
THOMAS BALCHIN (City Police-sergeant, 518). I took the prisoner in custody at Hulseworth in Suffolk, on 14th June—I showed him the warrant and said I should take him for stealing silk from Mr. Vavasseur's—he was in custody when I got there—I received him from the superintendent of police—in the railway carriage he said, "I knew I was very foolish for doing this so I gave myself up; I have sold the property in question to a man whom they call 'Crutchy,' whom I met in the City-road"—I said, "Did you give it him"—he said, "No; I gave him leave to cut it from the loom"—I said, "As to the weights, do you know anything about them?"—he said, "No; I did not give him leave to cut the weights away."
Prisoner's Defence. When I first went to work for Mr. Vavasseur I, was making a scarf belonging to him; he saw me at work and said, "When will you have finished this? "I told him the day and he said, "I can find you something better than that when it is done." When I had the scarfs done I went to him; he took me to a house and showed me a room in Golden-lane, which he said he would let to me for 5s. a week; he afterwards took me to a much worse room and I had to pay 5s. a week for that. First he offered me 2s. 6d. per yard for work, and then he would not pay me more than 2s. 4d. I was dreadfully ill-used, and I was obliged to leave the place; I was ill-used by Mr. Vavasseur's tenants. I can get a man to swear that he saw a man break into my place.
The prisoner called
ANN FULHAM . On Whitsun Monday I met this young man and he played with my children—he was there till Tuesday—he had been dreadfully ill-used at the time, and he was afraid to return, for fear of that—he went with us to the forest on Tuesday—I have known him four years—he has borne a very good character during that time—I disapproved of his going to this place.
GUILTY.—Recommended to mercy by the Jury. Confined Four Months.
WILLIAM EDWARDS (Policeman, 256 T). I am stationed at Uxbridge—on 24th June I saw the prisoner early in the morning—the first time I saw him was about ten minutes past one; he was then about fifty yards from Mr. Durrant's gate—I passed him on the footpath with two other men—I met them again at quarter past two on the canal bridge—when I came upon the bridge I saw them standing at the foot of the bridge near a wall, with a copper on the wall—as soon as they saw me, one of them pushed the copper over into the gardens down below—there were three men there
then—as soon as the copper was pushed over, the prisoner came up to me—I said, "Good morning;" he said, "Good morning"—he leant over the bridge close by me—the other two persons then came up—the prisoner stopped there about ten minutes or a quarter of an hour—he then went down and washed his face and hands in the water—the other persons went towards a public-house—as soon as the prisoner had washed himself he went down to a passage that leads from the road to the footpath by the canal, there the other two came to him and spoke to him—as soon as I saw that I went into the gas-house—there was a man named King there, and I asked him to come out on the bridge to me—he came out, and I told him to mind the copper while I took the prisoner into custody—I went down to the canal, and as soon as he saw me he walked away; when he got near the bridge I walked up to him and took him in custody—as soon as the other men saw me they tried to get away through a doorway—I said, "It is no use trying to get away, I know you all three"—the prisoner said to me, "What are you going to take me in custody for?"—I said, "For stealing that copper you threw over the wall"—he said, "Then I am b—if you shall take me"—I drew my staff as the others were coming up, and he then said he would go quietly with me—I fetched the copper afterwards—I saw it safe at a quarter past one at Mr. Durrant's premises—I afterwards went into the garden and found three different impressions of foot-marks—they came over a wall down a low greenhouse into the garden—I went back to the station, got the prisoner's boot, compared it with the foot-marks and found it to correspond exactly—that was about a quarter past three; about two hours from the time I first saw him—I did not know that he worked for Mr. Durrant—Mr. Durrant is here.
Cross-examined by MR. DICKIE. Q. Are these the whole of the facts you have told us to day? A. Yes; I stated before the Magistrate that I saw the prisoner at 10 minutes past 1—it was light enough for me to distinguish any one I had known before—I am quite sure it was the same man I met on both occasions—it was not very dark; there were no gas lights just at hand—I had known him perfectly well before—I was very close to him when I passed him—I dare say I touched him—he did not say anything to me then—they were talking together—he tried to get away when I took him in custody—I compared the boots by making an impression about six inches from the other; they were exactly alike—there was a tip on the heel of the boot which showed very plain—I know the copper because there are some feathers on it; it stood in a washhouse—they keep fowls, but the fowl-house is about thirty or forty yards away.
MR. BRIARLY. Q. What was the condition of the ground where the footmarks were? A. It was mould; garden ground—it made a firm impression—there were footmarks of three different persons.
WILLIAM DURRANT. I reside at Hillingdon-house, Hillingdon, Uxbridge—I lost a copper on Sunday, 20th June—the prisoner has worked for me off and on for these four years, as a bricklayer's labourer—he has been all over the premises and in this washhouse—the last time he was at my place was about Christmas—this is my copper (produced)—I should suppose the value of it is about 2l. GUILTY .— Confined Six Months.
MR. PLATT conducted the Prosecution.
John's-street, Clerkenwell—on 4th July, about half-past 8, I was walking alone in West-street, Smithfield; there was a fire there and I stopped to look on—whilst there I felt my watch chain dragged—it was round my neck—I had seen my watch safe about 10 minutes before—it was attached to a chain by a small ring—upon turning round I saw the prisoner—I am quite certain he is the man; he had got the chain passed through his hand, and the watch appeared to drop from his hand—the wire of the ring was broken, but the watch had not come quite out, it was ready to drop out—I laid hold of him directly—a policeman came up and I gave him into custody—he was taken on the spot.
Cross-examined by MR. PATER. Q. Was there a great crowd there? A. Some twenty people; there were other persons near me, at my back.
JAMES THORNDIKE (City-policeman, 286). On 4th July I was in Weststreet—I saw the prisoner standing in front of the prosecutor; I am confident he is the man—after that I saw the guard in the prisoner's left hand—I saw the watch drop from the end of the chain and the prosecutor caught it—I laid hold of the prisoner directly, and held his left hand tight, so as to keep what was in it—I led him along to the station—at the station I let go his hand and I heard something drop on the ground—I looked at his feet and picked up this ring—he dropped it directly I let go his hand.
Cross-examined. Q. Did you search the prisoner at the station? A. I did; nothing was found on him but an old cotton handkerchief—I had hold of his hand all the time.
The prisoner's statement before the Magistrate was here read as follows:—"I was running to the fire last night; when I got there there was a great crowd being pushed about. I got aside of the gentleman; he turned round to me and said, ‘You have got hold of my guard.' I know nothing else; I am quite innocent of what I am charged with."
GUILTY .— Four Years' Penal Servitude.
MR. THOMPSON conducted the Prosecution.
ANN VAIZEY . I am a widow, residing at 41, Fitzroy-square—on Monday, 18th June, I was in the City, and about half-past 11 I got into an omnibus at the Mansion-house to return to Regent-circus—it was quite empty when I got in—I seated myself at the upper end on the left hand side—I had occasion to take out my purse in Leadenhall-street; that might be about 5 minutes before I got into the omnibus, but not more—the prisoner was the next person that got in—she seated herself close by me. on the same seat—I had a paper that I was reading—a young man afterwards got into the omnibus; he seated himself close by the door—nothing occurred in the course of the journey which attracted my attention—the omnibus stopped first in Newgate-street, very near Newgate market—the prisoner got out—I immediately thought of my purse, looked for it and found it was gone—it had been in this side pocket—I got out of the omnibus as soon as I could get it stopped, and went along Wood-street in the direction I thought the prisoner had taken—I did not find her there—I returned, and in returning along Newgate market I saw her—I ran towards her—she immediately disappeared—when I came to the corner where I saw her go from, I inquired of a butcher which way she went, and he directed me—I next saw the prisoner in Fleet-lane, leading out of the Old Bailey, in custody—I said, "You have robbed me"—she said, "No", I have not; what had you
in your purse?"—I said, "3l. 10s.," only meaning the gold, not the small change—she said, "I have a great deal more than that in my purse"—she took out her purse and said, "Is this your purse?"—I said, "No"—she was then taken into custody—I know that the purse had three sovereigns and one half sovereign in it—the silver was a half-crown and a sixpence, and either a threepenny or fourpenny piece—I will not say there was not more, but I can remember that there were those—when I was at Guildhall I did not feel quite sure about the half-crown, but after reflection I was then sure of that also.
Cross-examined by MR. TINDAL ATKINSON. Q. At what part of Leadenhall-street did you take your purse out? A. In an office, just opposite the India House—I had it in the usual pocket outside the dress; merely a slit in the dress—it is deep—I could not say which side of the way I walked, but I walked along Leadenhall-street towards the Mansion-house—I did not see Mr. Alderman Mechi's shop with its attractive wares; I had no time to look at shops—I did not look at the jeweller's in Corahill—I was in a great hurry—I did not even glance at Savory's—I was so intent on my business that I made the best of my way—I do not remember experiencing the least difficulty in crossing the street—there are generally several omnibuses about where I got in—the prisoner had a bonnet on—I would not speak positively as to whether she had a fall over her face, but it is very likely—I saw her face very distinctly when she got out—it was after she got out of the omnibus that I looked at her—I do not know whether she had a fall on; but I believe that she had not one down—I do not know which it was that I had, a threepenny or fourpenny piece—I do not remember where I took the small piece of silver—I could not give the slightest inclination as to which it was—I had a doubt about the half-crown—since I have had time to reflect I have come to the conclusion that I had a half-crown—I did not count my money in Leadenhall-street—I looked at my purse there—I had it in my hand in an office; not in the street itself.
JOHN BAKER (City-policeman, 255). I stopped the prisoner in Fleet-lane—she was running away as fast as she could, and a crowd of people after her—I brought her part of the way back, met the prosecutrix, and asked her what she had lost—she said that the prisoner had stolen her purse—the prisoner said, "Is this your purse?" she said, "No"—the prisoner asked how much her's had got in it—the lady said, "3l. 10s."—the prisoner replied, "Oh! there is a great deal more than that in my purse"—at the station-house the prisoner had got the purse in her hand—she was taking some silver out from the gold and putting it in another part of the purse—I took the purse from her, and asked her what she was changing the place of the money for—in the purse were three sovereigns, a half-sovereign, a half-crown, five sixpences, and a threepenny piece, and 1 1/2 d. in copper in her pocket—three rings were on her finger.
Cross-examined. Q. When you saw her was there a mob after her? A. Yes; at the time she was separating the money she was in my presence at the station. NOT GUILTY .
MR. THOMPSON conducted the Prosecution and MR. SLEIGH the Defence.
NOT GUILTY .
OLD COURT.—Friday, July 13th, 1860.
PRESENT—MR. RECORDER, Mr. Ald. ABBISS, and MR. COMMON SEBJEANT.
Before Mr. Common Serjeant.
MR. O'CONNELL for the prosecution stated, that he did not wish to press the charge of an intent to do grievous bodily harm. MR. SLEIGH for the prisoner stated that he would plead guilty to unlawfully wounding.
GUILTY of unlawfully wounding — Confined Three Months.
622. CHARLES WRIGHT (26), and THOMAS MURPHY (23) , Burglariously breaking and entering the dwelling-house of William Metcalfe, and stealing therein 1 pair of trousers, value 5s., and 1 apron, value 1s., his property.
MR. HORRY conducted the Prosecution.
WILLIAM METCALFE . I live at 120, Old-street, and am a tailor—the house is my dwelling house—on the morning of 15th June, about 4 o'clock, I was awoke by a crash—I went down stairs—the previous evening, between 10 and 11 o'clock, I fastened the back-room window and bolted it, and the door also—there is an outside shutter to the back-parlour window that was properly secured; when I came down I found the shutter broken and the window open—I had a chest of drawers in the parlour—I left them in the usual order the night before—amongst other things I left a pair of trousers there, they were laid across the drawers outside; they were not taken away—I found a chisel on the table—the glass of the parlour-door, which leads to the shop, was broken—that I believe awoke me—the house is in the parish of St. Luke—I missed nothing except the kitchen door key; we have not found that yet.
Wright. Q. Did you come down stairs directly you heard the crash? A. Perhaps a minute or two after that—I have not a clock in my bed room—it was about 4 o'clock—I did not see you in my house—I made an alarm, I called out, "There are some thieves."
Murphy. Q. Did you swear at the police-court that when you came from your bed room you met a man on the stairs? A. No; I never saw you near my house.
COURT Q. You say you saw Wright in the street; at what time was it? A. I saw him about ten yards from my front door, at ten minutes to 4.
MR. HORRY. Q. Was he then in the custody of Herbert? A. Yes; he was just in the act of taking hold of him—that was about two minutes after the alarm—his shoes were under his arm.
JOHN HERBERT . I keep the Bedford's Head public-house, Old-street—there is a court that goes from our house to the back of Mr. Metcalfe's premises—about a quarter to 4, on 15th June, in consequence of an alarm my wife gave me, I went out, and saw Wright about twenty yards from the entrance of the court—I could not see, at the moment, whether he was running or walking—I went out quickly—I stopped him—he had no shoes on—I asked him what he had been about—he said, "Nothing, what do you want to lay hold of me for?"—a constable came up a minute or a minute-and a half afterwards.
Wright. Q. Did not I tell you, when you asked me what I had been
about, that I had been to Hampton Races and lost the train? A. I don't know, I was flurried at the time—I did not hear any alarm given.
JURY. Q. What caused you to get up? A. I was up at the time—I had some friends.
Murphy. Q. You never saw me near the house? A. No; I saw a man run away up Henry-street.
JOHN SMITH (Policeman, G 79). On 15th June, about a quarter to 4, I heard an alarm in Old-street, and saw a man running up a street opposite the Bedford Arms—he was dressed in a light coat, like the one Murphy has on—I then saw a struggle between Wright and Mr. Herbert—I went to his assistance—Wright's shoes were under his arm—he said he was merely going home—that was not above ten yards from the prosecutor's—he was not struggling, he was in the hands of Herbert.
Murphy. Q. Do you know who gave the alarm? A. No; I was about two hundred yards from the prosecutor's house—I could hear it at that time in the morning—there was a cry of "Stop thief!"—no one was running after the man up the street—there were some people at the public-house crying out—it was New-street that the man ran up.
MR. HORRY. Q. You saw a man run up Bunhill-row? A. No, it was the next street to that—the man was running on the same side as Ironmonger-row, not on the same side as the prosecutor's house.
GEORGE MARTIN (Policeman, G 13). I know Murphy well by sight; I knew him about six weeks before he was apprehended—on the morning of 15th June, about 4 o'clock, I saw him running in Ironmonger-row in the centre of the road, with his shoes under his arm—he had on a black cap and the coat he has on now—he did not run past me; he turned out of Little Mitchell-street—I was going in the direction of Old-street, with my back to him—he turned round and laughed at me—I am sure it was him—this was about seventy yards from Mr. Metcalfe's house.
Murphy. Q. You swear you saw me up in Ironmonger-row? A. Yes; saw you turn out of Little Mitchell-street—I could hear you come round the corner; the morning was a very dry one—I dare say you were about twenty-five yards from me—it was only a momentary turn of the head—I can swear to your features most distinctly.
MR. HORRY. Q. There is a street that goes up by St. Luke's church? A. That is Ironmonger-row—he was running from the direction of Mr. Metcalfe's house towards Pickford's Wharf—when he got to the station I had his stockings taken off; his shoes were on then, but on the soles of his stockings I found horse-dung, which he had picked up going along the road—he had on a light cap when he came to the station—I said, "That is the man, but that is not the cap"—the constable afterwards found the cap at his lodgings—when he found that he would not have his stockings back, it took four men to take him to the police-court on a stretcher, and he had to be handcuffed to be taken before the Magistrate.
GEORGE MATTOCK (Policeman, G 162). On the morning of 15th June I went to 55, Union-street, Hackney-road, about half-past 6—the landlord let me in, and I knocked at the parlour-door—I was answered by a woman—I asked her if a man named Birk lived there; she said, "No"—I did not know him by the name of Murphy—I told her to dress herself, and then I heard the front parlour window open into the street—I then got in at the door; when I got inside I saw there was nobody in the bed; I then got down on my hands and knees, and saw Murphy behind two boxes, under the bed—I told him to come out and said I was going to take him into custody
—he said, "What for?"—I told him "For breaking into a house in Oldstreet"—he said he was at home all night—the woman heard it and she said she could prove it—we were there about an hour with him—we had to send for some police constables to take him to the station—Boobyer was with me at the time.
Murphy. Q. What made you ask for Birk? A. I thought your name was Birk; I knew you by the name of Birk—I dare say a policeman who was with me knew your name; I did not ask.
JOHN BOOBYER (Policeman, G 211). I went with the last witness to 55, Union-street, Hackney-road; took Murphy there, and took him to the station-house—he had a pair of bluchers on when he got there—these are his stockings (produced); I took them off his feet—the bottoms of them were covered with mud—it was rather a damp morning—I had seen him and Wright in company about half-past 9 o'clock the night before—I have seen them together at other times; about three weeks previous to this I had them in custody together.
Wright. Q. How could you see me at half-past 9, when I was at Hampton station? A. I saw you and Murphy come through Whitecrosspassage.
Wright's Defence. I was going along home to 5, Sawyer's-place, Lamb's-passage. I had my boots off, and I stated that I was going my way home. He never saw me go down the court, and he first said it was about 4, and then he said it was a quarter or ten minutes to 4. I was never seen near the place; I know nothing of it. The witness says he never heard any alarm, and the constable says he heard it two hundred yards away, and the people in the next house did not hear anything. I told the policeman I was going home.
Murphy's Defence. I wish to draw your attention, gentlemen, to the statements of the constables, Smith and Martin. Smith, at the police-court simply says that he saw a man running up a street opposite the Bedford Head; why did not he run after him? he saw no one running after the man, and yet he says there was a cry of "Stop thief;" he did not state that because he did not know the statement Martin was about to make; since then they have put their heads together, and have said, "You must swear that the prisoner Murphy had his boots off and I will say so too; I must say he had his boots off to make my evidence correspond with your's. "Then Martin says there is horse-dung upon the stockings, and Boobyer says there is no horse-dung, but they are only dirty. I can easily account for the dirt; I had bluchers on and they let water. I know nothing about the case; I was not with the other prisoner; I never saw him that night.
WRIGHT— GUILTY .
MURPHY— GUILTY.— Judgment respited.
WRIGHT was further charged with having been before convicted.
ROBERT BEE . I produce a certificate. (Read: "Charles Wright, convicted on his own confession, February, 1856, of stealing a handkerchief from the person, having then been previously convicted. Sentenced to four years' penal servitude.") I was present at the trial—the prisoner is the person described in that certificate.
WRIGHT—GUILTY.— Six Years' Penal Servitude.
NEW COURT. Friday, July 13th, 1860.
PRESENT—Mr. RECORDER; Mr. Ald. ROSE, and Mr. Ald. MECHI.
Before Mr. Recorder.
MR. DICKIE conducted the Prosecution.
BAXTER MANEY . I live at Messrs. Souters, on Garlick-hill—on 21st of June I saw the prisoner going out of my yard with a coat and a bag—I followed him out of the yard and called to him—he dropped the things and ran away—I called, "Stop him," and he was stopped—this coat and bag were on the pavement, they had been in a chaise, but I did not see them.
Cross-examined by MR. BROOKE. Q. What length is this yard of yours? A. Perhaps between 50 and 100 yards—the carriage was standing about three parts of the way down—the prisoner was between four and five yards from the entrance—he was getting towards the gateway—I saw his side face—the bag and coat were thrown down from fifteen to twenty yards out of the gateway—I noticed no persons passing—my attention was directed to the prisoner—he went five or ten yards further on and was stopped by Alderman Rose's servant, who is not here to day—it was near to the policestation—the prisoner said nothing to me—I stated at the police-court that he was stopped by a servant of Alderman Rose—I have not made any application to that man to come here.
Cross-examined. Q. Do you know where it was? A. It was on the front seat in the chaise.
He was further charged with having been before convicted.
WALTER RICHARD SHEPHERD (City-police-sergeant 32). I produce a certificate of the prisoner's former conviction—(Read: "Central Criminal Court, October, 1857: Richard Holmes, Convicted of stealing coats, having then been before convicted—Confined Eighteen Months.") The prisoner is the person.
GUILTY.— Three Years' Penal Servitude.
MR. O'DONNELL conducted the Prosecution.
HANNAH KIBLEY GEE . I am the wife of Thomas Gee, of the New Kent-road—I know the prisoner—I was present at a church in the Isle of Man, in the year 1840, when he was married to Mary Ann Gee, my sister—she is alive and is here now.
COURT Q. Did they live together? A. Yes—I don't know how long of my own knowledge.
Prisoner. Q. Were you and your husband both angry that she was married? A. No—you were married in the spring—I was not aware that you were an apprentice—I was not aware that you wrote to her father before you were married, and that he promised to furnish you a house.
MARY JANE CHEADLE . I was married to the prisoner in June, 1856, at St. Mary's Church, Haggerstone—I have had three children by him—I continued to live with him till about eleven months ago—he had never told me he was married; I had no idea of it.
Prisoner. Q. How long have you known me? A. About seven years—I was employed in the same office as you—I had been living with you about I twelve months before we were married—my friends did not know that we were living together; my father and mother knew it afterwards, but not at the time—we lived together in London about two months before we were married—the marriage was voluntary on your part—you introduced Mrs. Corkill to me as a friend of your's from the Isle of Man—she often used to come to my very great annoyance—I used to leave the room when she came—I don't remember her coming when she had a man with her—I do now remember her calling when you were at home to ask you about her marrying that man—I don't remember her calling by herself to ask your consent to marry that man—she told me many things—I left you in August last—we had not had any words in particular—I have heard Mrs. Corkill say she had left you several times—she said it was her fault that you were separated—it was not a month after my confinement that you brought her to my room as a friend of your's from the Isle of Man—you said that she had lived with you, but you were not married—about a fortnight after the marriage she did not tell me she was your wife—I was not kept by a young man before I married you.
WILLIAM MARKWELL (Policeman, 248 M). I took the prisoner in Blackfriars-road on 13th June, on a charge of bigamy—his first wife gave him in custody—I went to the church in the Isle of Man; I examined the book of marriages, and made an extract—I examined the extract with the book; it is a correct copy—I then examined the register book of the second marriage—this abstract is correct.
Prisoner's Defence. My wife was in the habit of getting drunk; she left me eight times. I had a written agreement to separate from her. Before I married again I went about to try to find her and made every inquiry. I then gave her up as dead, and after twelve months I married. She afterwards came to me and annoyed me.
GUILTY.—Recommended to mercy by the Jury.
Confined Six Months.
MR. DICKIE conducted the Prosecution.
EMMA GROOM . On 15th June I was on a steamboat at London-bridge—the prisoner pushed against me; there was no one else very near me—I heard the click of my watch, and I immediately missed it—I had seen my watch ehortly before, it was tied to a guard which was round my neck—I took hold of the prisoner and a witness came up with my watch in his hand—this is it—I gave 3l. 10s. for it.
Cross-examined by MR. BROOKE. Q. Where were you? A. I was going towards the gangway—I was at the top of the cabin stairs—the prisoner was on my left side—I missed my watch and saw it again when it was produced to me.
ABRAHAM VEAL . I am a lighterman employed on board a steamboat running to and from London-bridge—on 15th June 1 was on board and saw Emma Groom, she had hold of the prisoner—I found this watch on the deck close to the prisoner's feet.
Cross-examined. Q. Were there many persons on board? A. Eighteen or twenty—they were passing from the gangway—the watch was about two yards from the gangway—a great many people had passed it.
JOHN BRETT (City-policeman, 443). The prisoner was given into my custody on the afternoon of 15th June, at the Old Swan Pier, on a charge of stealing a watch from a lady—the last witness gave me this watch—I took the prisoner to the station—he gave me an address and I went to several places and he was not known—he gave the address North-street, Commercial-road—I went to three places and could not find it.
GUILTY . **— Four Years' Penal Servitude.
MR. DICKIE conducted the Prosecution.
SAMSON RANSUK . I live in Duke-street, Aldgate—on the morning of 18th June I was in Bishopsgate-street—I felt a tug at my watch, and saw my coat was shaking—I looked and saw my chain hanging and my watch was gone—I looked about and saw a young man go two steps—I began to call out; he began to run, and I ran after him—he was brought back by a policeman—this is my watch.
Cross-examined by MR. MCDONNELL. Q. What time was this? A. Half-past 8 in the morning—I was at the corner of Bishopsgate-street and Houndsditch—I saw some persons coming, I thought it was a rifle-corps, and stopped—my watch was attached to this chain—there was nobody near me—there were persons on the other side.
COURT Q. You saw a young man a few steps from you; are you able to say who that young man was? A. No; I was looking to Bishopsgate church—the young man ran through the people—I am not able to say whether the person the policeman brought back was the same—I did not see him stopped.
MR. MCDONNELL. Q. Were there a good many persons? A. Yes; on the opposite side—I was on one side, they were on the other—there were, no persons close to me, I was standing quite alone—the prisoner is about the height of the young man I saw.
JOSEPH LYONS . On 18th June I was standing at my shop door—I heard a cry of "Stop thief!" and saw the prisoner run down a street—the policeman came towards him, and he ran behind a cart—he turned round, and was running, and a man stopped him—I got hold of him, and he threw this watch down from his right hand.
Cross-examined. Q. How near were you to him? A. Close to him when he threw the watch from him—I saw it fall about a yard and a half from me, close against the coffee-shop—a man with a broom stopped the prisoner, and caught hold of him—there was a good mob round.
JOHN ROGERS (City-policeman, 664). On 18th June I was on duty in Houndsditch—I heard a cry of "Stop thief!" and ran towards Bishopsgate—I saw the prisoner running from Bishopsgate towards St. Mary Axe—he saw me, and turned back, and a man put out a broom and stopped him—the last witness got hold of him—when I came up, this watch was lying on the road—I took the prisoner to the station—I found nothing on him.
GUILTY .— Confined Six Months.
MR. HORRY conducted the Prosecution.
of Stephen Streeter against Joseph Ellis for 6l. rent, on 23d May—the judgment was for the defendant Ellis—I administered the cath to Ellis.
BERESFORD LOVETT JONES . I live at Bromley, and am a house-agent—I was present in the Bow County-court on 23d May, when the case of Streeter and Ellis was tried—I recollect Ellis being examined, he said that he was not liable for the rent, as Mr. Streeter had accepted Hadwin as the tenant—he said Mr. Streeter came there, and he had introduced Hadwin to him, and he had agreed to take Hadwin as tenant.
Cross-examined by MR. TINDAL ATKINSON. Q. You were not a party in the case? A. No; but I was there—there were a great many causes tried there—I did not mention this till I was at the police-court.
MR. HORRY. Q. Was your attention so far directed to this, that you attended to what was said by Ellis? A. Yes; I did.
STEPHEN STREETER . I am a butcher, and live at Poplar—I am the owner of a freehold house, 27, Roman-road—between Michaelmas and Christmas 1858 I let it to Ellis; the tenancy was to commence at Michaelmas—he had the possession—the house was in good repair—it had never been occupied; it was a good house, and new—the rent was 25l. a year—I received the rent for five quarters, to Christmas, 1859—the rent again became due at 25th March, 1860—in consequence of the nonpayment I took out a summons at the Bow County-court on 3d May, and on 23d May I attended the hearing of that case—I had no one with me, I went in singly—I heard Ellis sworn, and I heard his statement with regard to the tenancy; he said that I admitted Hadwin as a tenant, and I expressly denied it—I sued Ellis for 6l. 5s. for rent to March, and he said that I had accepted Hadwin as a tenant—he did not to my knowledge tell me at any time that I had accepted Hadwin—the verdict was against me—I applied to Ellis for the rent on 9th April—I applied to the house first, and his good lady directed me to the garden—he had gone from my house to that house—it was next door but one; Mr. Edwards was with me—I asked Ellis whether it would be convenient for him to pay me the rent—he said it was a bad job, but he would pay me when he got in his rent—Mr. Edwards heard that—I never accepted Hadwin as a tenant—on Christmas-eve, 1859, I received a letter from the prisoner, and on 26th December I saw him—he called on me, and said he had got a tenant for me—he said, "Did you receive a letter?"—I said, "Yes"—I said, "Why did you leave?" he said, "I have got a good tenant for you; I will see you paid up to 25th March"—I said he gave me no legal notice, and I should hold him responsible for the rent—I distinctly told him so—I met him afterwards in Whiteckapel-market—he said he had got an excellent tenant for me, and invited me to come up and see if we could not come to some arrangement—I saw Hadwin with Ellis on 23d of January, at the house—Ellia wanted me to accept Hadwin as a tenant—I went over the house, and found fault with it being in such a dilapidated state—I still denied accepting Hadwin as a tenant—I said I should not accept Hadwin as a tenant; I would see how things went on—I said to Ellis, "I shall still hold you responsible for the rent"—from first to last I declined accepting Hadwin as a tenant—I never did; I did not intend to do it.
Cross-examined. Q. Had you not seen Hadwin before 23d January? A. Yes, he called on me—I had not made any inquiries about him, and did not want it—I was examined at the County court by Mr. Webb—I don't remember that I said I had not seen Hadwin till 23d January—I question whether I did—I cannot answer you; I cannot recollect—I can't answer you whether, on being pressed, I afterwards said that I had seen Hadwin
and made inquiries about him—I do not recollect saying so to this gentleman; I can't believe anything about it—I did not tell him I had made inquiries about Hadwin—I recollect this piece of paper (looking at it) being produced—I did not say when it was produced, that it was a forgery—Mr. Webb said it might be a forgery—I did not say I had never seen it before—I don't recollect that, on its being shown, this gentleman said to me, "Do you say it is a forgery?"—I don't recollect that the Judge on that occasion cautioned me—I don't recollect that the Judge turned round to me and said, "I don't believe a word you say"—I did not hear him—I went on 23d January to the prisoner's house—his son was not present; his wife was—something was said about Hadwin being tenant—I said, "I have settled everything amicably and comfortably for your house"—I know Horton; he was a grocer, but he has left it—I did not say to Horton, "Look out, I have let my shop to a person of your line, and he will show you up in a very short time; you want some opposition down here"—he did not say, "What have you done with Ellis?"; and I did not say, "Oh, I have got rid of him;" nothing of the kind—I never made any inquiry, as it regards Hadwin, of anybody—I did not say on 26th December, that I was sorry for Ellis to leave the premises—I said I should hold him responsible—the house was not papered when he went in, it never had been—it was complete when he went in, except the paper—my attorney is Mr. Brin.
MR. HORRY. Q. Is what you have said that Ellis stated in Court, and what you denied, true? A. Yes—the 23d January was the day I saw Ellis—I called, and got my rent due to Christmas—I don't recollect what took place at the County-court—I can't say; I was excited—I expected I should have it settled—I paid the hearing fee—I was at a public-house in February when Duckett was there—my house was finished all but papering—it was in good condition—there was a shed attached to it—Ellis kept his horse there—the house is now in a thoroughly dilapidated state.
MR. TINDALL. ATKINSON. Q. Did you hear Ellis's wife examined? Yes—I did not say I could not contradict a word she said—the Judge did not say there was an end of the case if I could not contradict it.
THOMAS HADWIN . I live at Hoddesdon—I took a house and shop in the Roman-road; I took it of Mr. Ellis—I was to pay 25l. a year, the same rent that he himself was paying, and the same taxes—those were his words to me—I agreed to take the house, and purchase some fixtures—here is the agreement in Ellis's writing—I paid some money, and the remainder in greengrocery—he told me his landlord wished me to go and see him—I took possession of the shop on 18th December—Ellis continued to live in the house for almost a fortnight after Christmas—I remember 23d January—Mr. Streeter was in the house, 27, Roman-road—I and Mr. Ellis both asked Mr. Streeter if he would accept me as a tenant, but he said he would not alter things as they were—he should hold Mr. Ellis as tenant till 25th March, and after that, he should see how things went on—after that I endeavoured to sell the shop and business—I was in negociation with a person for that purpose about 14th March—I told Ellis that I exacted to receive 20l. from that person; and on 16th March, Ellis came and used very abusive language, and asked me to go out—that was about 1 or 2 o'clock—he came two or three times after that, and was very abusive—he came again in the evening and got hold of me, and pushed me out and got inside—he said, "Now I have got possession, I will keep it"—Mrs. Ashton, a lodger of mine, was in the house at the time—I never paid, or agreed to pay, any rent to Mr. Streeter—I have got the key at this moment, and don't know who to give it to.
Cross-examined. Q. Have you never paid rent at all? A. No—I went to see Mr. Streeter in December before I took possession—I had conversation with Mr. Streeter about taking the place from Ellis—I told him who I was, and that Mr. Ellis sent me down to see if he would take me as a tenant—he told me he would not—I told him I could give him references—I don't know whether I gave him the name of any person or not—I agreed to give 10l. for the fixtures—I paid 4l. in money, and Ellis agreed to take the rest in greengrocery, as he had a family—he has had it all—I did not make an agreement with his son about taking the stable—I did not get some goods in the name of King—I believe they were supplied in the name of King, but it was not my wish—I have seen Mrs. Nesbit once or twice; I cannot swear to her—I did collect some money that I did not account for—the case was taken to the Bow County-court—I gave an I O U for part of it—I have not been out of the way; I have been living at Hoddesdon—I did not run away—I left a coal-box in the house—I got my furniture away—I know Haydon—he owed me 1s. 6d.—I recollect his paying me—I don't remember his asking me what I intended to do with the shop—I know Charles Honisett; he supplied me two loads of goods in January and February—I don't remember saying to him, "Streeter has now accepted me as tenant"—I said I hoped to do better with the shop now Ellis was gone—I never said that Streeter had accepted me as a tenant.
MR. HORRY. Q. Were you in Mr. Ellis's service? A. Yes—I was working night and day to get his money in, and I could scarcely get my wages one week after another—I did take some of his money—I did not account for it to him till afterwards—I did not keep back any money wilfully; I meant to pay him again—Mr. Selfe said I ought to have paid my rent to somebody or other, and he thought I was to blame.
JAMES EDWARDS . I live at Bromley—I am an oilman, and the parish clerk—I went with Mr. Streeter on 9th April to see Joseph Ellis—we went to the house and saw Mrs. Ellis—she said he was in the garden; we went and saw him—Mr. Streeter said he waited on him to know whether he was prepared to pay the quarter's rent—Ellis said it was a bad job, but he must consider of it—Mr. Streeter said he should not call till he let him know—we were going away, and he said in about a week or a fortnight when he got in his rents.
SARAH ASHTON . I am a widow—I live at 22, Roman-road—in March I was residing at 27, Roman-road—Mr. Ellis was the landlord—at that time there was a horse in a shed there; Mr. Ellis and his family attended to the horse—on Friday, 16th March, I heard a disturbance between Mr. Hadwin and Mr. Ellis, and I saw Mr. Hadwin out in the road—he was pushed out by Mr. Ellis, and I heard him say as he shut the door that he had got possession.
Cross-examined. Q. Did he say, "You have not paid for the fixtures "? A. No; I saw young Ellis backwards and forwards—I took the room of Hadwin.
HUMPHREY JONES . I am a flour factor—on Friday, 16th March, I was passing 27, Roman-road, about 8 o'clock—I heard a disturbance—Hadwin was in his parlour, Ellis came in the shop and tried to force the parlourdoor—he said some very cross words—he said he wanted possession—I did not see any turning out—I saw the mark on Hadwin's arm where he was struck.
Cross-examined. Q. Are you what they call a house agent? A. No; I let a baker's shop—I don't know the name of Long—Mr. Streeter called
on me and talked with me about this—he asked me if I could give him Hadwin's address—I said, No, I could not—I did not make any inquiries for Hadwin after that interview—Mr. Streeter found him in the course of the day—Hadwin went somewhere in the North-road, City-road.
Witnesses for the Defence.
WILLIAM WEBB . I appeared for Mr. Ellis on the trial in the County-court—I heard Mr. Streeter examined—he gave his evidence in a very indistinct queer kind of way, which led me to believe he was perfectly tipsy—he knew what he was about—he stated distinctly that he never saw Hadwin until 23d January—I can't charge my memory with what he said, but he distinctly stated, and led the Judge and me to believe, that Hadwin was an utter stranger to him till 23d January—I pressed him very much on that, and then he said that Hadwin had been to him—I produce a receipt of Hadwin's; this is it (produced), it was produced at the trial and Mr. Streeter said it was not in his handwriting—I said, "Do you mean to say it is a forgery?" and he boldly said, "Yes;" I said, "This is a very important matter;" the Judge said, "You must know your own handwriting;" and then he admitted it was his writing, and the Judge said, "Then I don't believe a word you say."
GEORGE WILLIAM ELLIS . I am the defendant's son—I am twenty-four years old—I was present on New Year's Day, this year, when Mr. Streeter was at the house—my father asked him up stairs and he asked him about the house—My father said, "I have got a tenant for you;" and he said, "When will you bring the party?" and he said, "In a few days"—on 23d January, Mr. Streeter came to the door and my mother answered it—he said, "Well, mother, How are you?" she said, "Not very well"—he said, "I hope you will be better;" and he said, "I have made everything amicable and comfortable"—I had a horse standing at the time in a proper brick stable.
Cross-examined by MR. HORRY. Q. Do you live with your father? A. Yes; I have always been with him—I am quite sure Mr. Streeter said he had made everything amicable—it was my horse that was in the stable—I used it as a greengrocer, when I had the things in the shop—I carried on the business—my father goes in the stable sometimes when I am out of the way—he might use the horse sometimes—I live at 25, Roman-road—I have the horse now—I have got a proper stable now—there was a shed at 27; part of it is in my yard now—I don't know whether it was taken down on 25th March—I was not there when it was taken down—I can't say when it was pulled down, or when it came in the place—I can't say whether I saw it on 27th March, but I know, it is there.
WILLIAM HORTON . I am a grocer—I was in a public-house in February Mr. Streeter was there, and he said he had let the shop and got a very excellent tenant in it, and that my trade would very soon be annihilated—he said he had got rid of a very bad tenant, Ellis, who had destroyed his premises, and that he had got a very excellent tenant, Mr. Hadwin.
Cross-examined. Q. Was this in a public-house? A. In a beer-shop in the early part of February—I had a subpeuna to come to the County-court and I was determined to serve the man in any way—I went to the CountyCourt but was not examined—I heard Mr. Streeter cross-examined by Mr. Webb, and I had a conversation with Mr. Streeter afterwards in a public-house, where he was thoroughly drunk—I met him in the beginning of
February as we were having a glass together—we were in the habit of having some—I am a grocer—he gave me a kind admonition that my trade would be gone—I have known Ellis three or four years—I did not go to him and tell him this—I was not summoned here, I came voluntarily.
HENRY HAYDON . I live at Old Ford—I know Hadwin; he called on me after he left the house and I paid him 1s. 6d.—I asked him what he meant to do with the shop—he said, "All right"—I said, "Have you given up the key? "he said, "No; nor I don't intend to do it. "
Cross-examined. Q. When was this? A. The latter end of April—he said that he and Streeter were very good friends, and he would make old Ellis pay for it.
Cross-examined. Q. Did Mr. Streeter call on you and ask you whether you knew anything of this matter, and how the fence was pulled down? A. Some gentleman did—he inquired what I knew about Ellis, I told him I knew nothing about him.
CHARLES HONISETT . I am traveller to Mr. Wright, an oilman—I supplied Hadwin with two lots of goods in January and February—I called on him for orders, and in course of conversation he told me that he had seen the landlord, Mr. Streeter, and he had got possession of the house, and he hoped he should do better and give me better orders—he said Mr. Streeter had accepted him as a tenant—it was on that that sent in a lot of goods—in discharge of my duty I made inquiry about his having the house. The prisoner received a good character.
NOT GUILTY .
OLD COURT.—Saturday, July 4th, 1860.
PRESENT—MR. RECORDER and Mr. Ald. Rose.
Before Mr. Recorder.
MR. CHARNOCK conducted the Prosecution.
BENJAMIN GIBBS . I am a leather merchant in Bermondsey-street, Surrey—I have a warehouse there; I don't live there—on the evening of 27th January I was the last person there; it was secure when I left—I had a considerable quantity of leather on the premises—when I got there in the morning the first thing that attracted my attention was one of the books being covered with red ink, which had evidently been spilt over it—John Smith, a man in my service, was there before me—I missed property to the extent of 300l.—I lost eighty-seven dozen grafs, they are fronts of boots; about thirty or thirty-five dozen of calf kid, two dozen of patent calf some Memel goat and enamelled soles; I don't know exactly how many, but about two dozen I should think—it was clear the premises had been broken into—On about the 10th of the following month I received a communication from Northampton which led me to put the police in motion—a policeman afterwards produced to me some skins; they are here—my foreman went with the policeman—eleven of those skins are mine—George was given into cudtody—we went before a Magistrate in Surrey; he was then remanded for a week, brought up again and dismissed, and the case was then taken to Guildhall—there were two hearings there, and then the Alderman who
presided, dismissed the case—we offered a reward before that—things all remained quiet till June, last month, when I received another communication from Northampton—I went down there to Mr. Goodman's premises, and found in his possession a certain portion of my property—I made inquiry from him where he got it, it led me to Ward, and he was given into custody, and I afterwards gave this man into custody in consequence of whatpassed—I don't know George—I don't know anything about that bill—I have seen that paper before; it is marked 178l. 10s. 6d.—the cost price of the leather enumerated here is about 240l. or 250l.—I am able to say that the leather found at Goodman's, is part of the leather that I lost on the evening of 27th or the morning of 28th—I did not find the whole of the property mentioned in that paper.
JOHN SMITH . I am in the prosecutor's service—on the morning of 28th I was the first person at the premises—the front door was perfectly rightwhen I got inside, the leather was moved away, a great quantity of it—the back door was fastened up; it had been opened since I left the previous night—they had unbolted it; at the side the nails were broken away—I can swear these skins are my master's.
JOHN TIMOTHY HUGHES (Policeman 249 M). On 10th February of this year I went to the prisoner's place of business in Moor-lane—I found these eleven skins there (produced) in his warehouse—I took them into my custody and they have been in the superintendent's office ever since—I showed them to the prosecutor and he identified them—I was present when the case was heard at the police-court and in the City—I took him into custody in June, in Manor-road, Walworth—I went to his premises in Moor-lane; they were closed—he came in there while I was searching the place; he said he was the proprietor; that was on the 10th of February—I know nothing about the premises in June—I took him then between 10 and 11—I said, "Well, Mr. George, I want you again about this leather job;" he said, "How is that?"—I said, "I have received a telegraphic message from Northampton, from Mr. Gibbs, stating that he has traced the leather stolen from him to your possession, and that you were to be apprehended immediately"—he said Mr. Gibbs was telling a lie, or something to that effect.
Cross-examined by MR. RIBTON. Q. Was he in partnership with a man named Lillyman? A. Yes; he told me that Lillyman was his agent—I know the name of Lillyman was over the door because he was then in custody—I don't know when he was apprehended; it was after the 27th January—he was in custody for stealing a large quantity of leather—I heard he was tried at Northampton, found guilty, and sentenced to four years' penal servitude—I do not know that he was found guilty of receiving; I don't know the time when he was charged with receiving—it was after Lillyman was taken that I went to the house to search the place—the whole affair, as regards Lillyman, was stated to the Magistrates, and after that this man was dismissed and sent to London, then taken before Alderman Hale and discharged—I was at the police-court when Ward was taken out of the dock—George was taken in consequence of the telegraphic message I received—I believe that message was sent in consequence of a communication made by Ward.
FREDERICK GOODMAN . I am a leather-seller of Northampton—about 10th February last I purchased eighty dozen fronts from Mr. Ward, a hair-cutter and a leather-seller, at 19s. 6d. a dozen—I accepted a bill for them for 78l.—Mr. Gibbs' traveller, came to me in June and claimed the goods which I had bought of Ward—they are here, all but about a dozen—I believe I gave two
or three dozen of my own; I was confused at the time—I fetched them from Ratcliffe's, who came to me to know what I thought they were worth.
Cross-examined by MR. RIBTON. Q. Had you had leather a long time in your possession? A. Four or five months—I have bought other leather, but none of these got mixed up with it—I gave a fair price for it—I did not buy any more after I bought this.
THOMAS RATCLIFFE . I am a baker of Northampton—I know Ward; he deposited with me a quantity of leather as security for 50l. which I lent him—that was paid to me on the 12th—I ultimately delivered it up by Ward's direction.
JOHN WARD . I am a hair-dresser and leather-seller of Northampton—I know the prisoner—he came to me on, I believe, 3d February, and told me he had some leather at the station—it was afterwards brought to my premises by his direction, and I purchased it of him—the pencil marks on this paper (produced) are the prisoner's writing; he wrote it in my presence; the other part of it is my writing—I agreed to give him 178l. and paid him 50l. of cash, which I borrowed of Mr. Ratcliffe, and deposited some goods as security—I paid him the remainder in three bills for 50l. each; these (produced) are two of them; they are dishonoured—the prisoner's name is here—I am being sued on one of them—I saw the prisoner write his name on them—I am being sued now on the 23l. bill—they were accommodation bills between me and Brain—the other was due on the 4th of this month—I have not paid it—I am about to go through the Court—I saw the prisoner on the previous evening—I sold these graffs to Goodman, and the others to different people—Northampton is a good place to sell leather—that is the only invoice I received—I have dealt with him before, during the last seven years, purchasing leather, and have bought leather of him since this affair, and a great many times before.
Cross-examined. Q. Did you know Lillyman to be his partner? A. Yes—he is considerably older than George—I have known Lillyman fifteen years—the prisoner has been in partnership with him about fifteen months—I have bought goods of Lillyman—I was in London a day or two before I when George came to me—I saw Lillyman in Moor-lane on the Monday, and I the prisoner came to me on Thursday—I was in London the week before and I saw him on a Wednesday—Lillyman said he would show me a large quantity of leather—I said, "I cannot pay ready money for it"—he said that he could not sell goods without ready money—he said that perhaps he would send them down by railway—he did not say he would send his partner or anybody down—he said some time when Mr. George was down, he would call on me—he did not say when—George said in the first instance, "I have got some leather at the railway"—I said that I would buy if it suited me—he asked me what money I could raise—I said perhaps 50l., and he consented I to bring the goods from the railway—I gave him these bills—I did not tellGeorge that they were accommodation bills—I know that two or three days afterwards Lillyman was taken into custody in connexion with another man—they were both tried at Northampton and convicted—Lillyman is older than the prisoner—I know that what Lillyman did in the transaction was in reference to buying goods—I have seen him buy a great quantity at Northampton—I have always known him to buy goods himself—George had the management of the cash department, I believe.
THE COURT considered that it was Lillyman's transaction, and that there was nothing to show that the prisoner had anything to do with it; that he was civilly responsible, but not criminally so. NOT GUILTY .
MR. ABRAM conducted the Prosecution.
THOMAS BERRY . I am a general dealer, of Katharine-street, in the parish of St. Anne's, Limehouse—on Sunday morning 24th June, a little after twelve, I went to bed leaving my premises perfectly secure—about half-past two I heard a rattling in the shop; went there, and saw the prisoner and another man, whose back was towards me, in the back room, trying to escape out of my window—the other, one was getting out, and the prisoner seemed waiting to go after him; but only one could go at a time—they had to get on to a chest of drawers to get through the window—I went to the front door and gave an alarm—I followed the prisoner up Katharine-street into Rossiter-street—he stopped at the corner and threw some boots out of his pocket—I picked up one pair—it was a bright clear morning—he struggled, but I got assistance and gave him in custody—I found my parlour window broken—it had been fastened by a latch with wire-work over it—there were sixty-one pairs of boots lying about the room which had been taken from the window; and the till was lying on the counter—I missed 10s. worth of coppers and this silver dagger (produced)—I had a candle in my hand and could see distinctly.
Cross-examined by MR. RIBTON. Q. Do you mean to say you took the candle down with you to the shop? A. Yes—it went out, but I could see because it was a clear morning—it was about half-past two o'clock and was I daylight—I never lost sight of the prisoner—I followed him close up—I did just lose sight of him for a second while he turned the corner, till I got round the corner, but there was no one else in the street.
(MR. RIBTON stated that he could not struggle against these facts.)
GUILTY .**— Confined Twelve Months.
MR. RIBTON conducted the Prosecution.
WILLIAM BROOME . On the night of 15th June I was going along the high road—two persons came behind me and pinioned my arms—the prisoner came in front, struck me on the head, knocked my hat off, hit me three times and blacked my eye—he had this stick in his hand—(A long and heavy log)—I fell senseless, and when I recovered I found I had lost my money—I do not know who took it—the prisoner had a cap on—I found a cap there; when I recovered I took possession of it—I did not go on—I I turned back—I saw a person named McDonald directly afterwards—I saw the prisoner in custody that night—McDonald had gone after him—I will I swear he is the man; this (produced) is my waistcoat—they tore it from me, tore this part of it away and put it in my mouth.
DONALD MCDONALD (Policeman). On 15th June I was on Hamptoucommon—I heard cries and found Mr. Broome there—I turned my light on and found this cap—I made a communication to him, and went on towards Twickenham—when I had got 500 or 600 yards I met five men—the prisoner was among them—he had a handkerchief tied round his head—I had met the same five men just before—I wanted them to come back—they refused—I selected the prisoner, as I saw he was the most suspicious, being without a cap—we had two or three ups and downs, but I stuck to him and after a hard struggle took him back to Mr. Broome—the others all got
away—on the way to the station I asked the prisoner what had become of his cap—he said that he had lost it, and that it was a Scotch cap—he said this was not his—I searched him but found no money on him—I put the cap down on the table; he put it on his head and walked to the cell.
Prisoner. I have got the cap that belongs to me. Witness. I found this cap in the place where I apprehended you, and this is the one which you put on—the other is one which one of the other men had lost—he said his cap was a Scotch one with a stripe round the border.
Prisoner's Defence. He asked me about the cap and he found it at the same place where I told him. Witness. He did not say where he had lost it—he told me on Monday that one of the men with him took the cap off his head, and that it answered the description of this.
COURT TO WILLIAM BROOME. Q. When you came up with the prisoner, had he a cap on? A. I cannot say—there was nothing that attracted my attention—I did not notice his being without a cap.
GUILTY .— Five Years' Penal Servitude.
(The jury expressed their strongest approbation at the conduct of McDonald, to whom the Court directed a reward of 40s. to be given.)
ANN TYLER . I am the wife of George Tyler of 64, Farringdon-street, watchmaker and jeweller—the prisoner was in his employ about six weeks—he came to his work on Monday, 20th June—we had a case in the window where rings were, and about eleven o'clock I missed a ring off a card—I had before that found a ring on the floor, off another card—when I missed the ring, I asked him if he had seen anything of it—he said, "No"—my boy was in the shop—I went into the parlour afterwards and on looking through the window, saw a ring in the prisoner's hand—that was not the one I had found on the floor—he was looking at it—I went into the shop—some one came in to have a hand fitted on to a watch, which the prisoner was doing, and during that time he had the ring concealed between his fingers—he had a file in the other hand—the person stayed about a quarter of an hour, and after that I said to the prisoner that I had seen a ring in his possession and I must have it—he said that he had not got it, and I said, if he did not give it up I would send for a policeman; and he gave it to me—he was going to sit down to work, and I said he should not do any work till my husband came home—I called up Mrs. Cohen and they persuaded me to have him searched—I sent for a policeman, and during that time he tried to conceal another ring—Mrs. Cohen said, "He is going to conceal something else"—I looked under his hand and there was this other ring under it—the value of them both is about 14s.
Cross-examined by MR. BROOK. Q. Are they marked 14s. on the card? A. No; one is 8s. and the other 4s.—the one that is broken is 4s.—my son attends to the shop, and the boy in the evening—the prisoner very seldom left the shop—I am aware that my son was in the habit of borrowing money of him, but I did not know it before this; I learnt it afterwards—I believe my son let the prisoner have two brooches one night and he brought them back—I do not know that the prisoner had anything for himself—we were always in the shop, one or other of us—when I went into the parlour, after missing the rings, I left nobody with the prisoner in the shop.
presence, that she had picked up a ring off the floor which had been trodden on, and that she also missed another from a card—I went into the kitchen and was afterwards called up, and saw the prisoner doing something to a watch, and at the same time trying to conceal something between two of his fingers—Mrs. Tyler taxed him with stealing the ring and he denied all knowledge of it—it was arranged that a policeman should be sent for, and he gave the ring up—she said if nothing was found on him she would send him away—he drew his hand across a chair—I drew Mrs. Tyler's attention to it and a ring was found there.
Cross-examined. Q. Who was in the shop the first time you were called up? A. Mrs. Tyler, myself, another person, and the boy—I went out shortly afterwards, leaving the others there, and was away five minutes.
GEORGE TYLER . I am the prosecutor's son, and am fifteen years old—on 20th June I was in the shop—I had seen these two rings that morning on a card in the shop—my mother came in and said in the prisoner's presence that she had found a ring on the floor—she afterwards said she missed one—the prisoner said that he did not have it, and knew nothing about it—I recollect my mother going into the parlour and coming back and finding a ring on him—Mrs. Cohen was called up—something was said about searching him, and I was sent for a policeman and could not find one—when I got back, there was a policeman inside—I had not given the prisoner authority to take these rings—I had given him authority to take one a few days before, and this is it—the price of it is 8s.—I had borrowed 2s. 6d. of him, part on Tuesday and part on Friday, and told him that I would pay him when my father returned from the country—I recollect selling him a chain for 2s.—I gave the money to my father.
Cross-examined. Q. Do you remember selling the prisoner any brooches or letting him have any brooches to sell? A. No; it was an Albert chain that I sold him for 2s.—I remember purchasing a pipe—my father gave me the money, I did not borrow it of the prisoner, only 6d.—the price of it was 1s. 6d.—I have no recollection how long before this day it was—my father was at Finchley; that is where we reside—when he was away I was mostly in the shop—he authorized me to sell things; I had not to consult any one—I had money of my father's at that time, but I never liked to touch it because it is put down in an account—the prisoner did not say to me that the rings had better be replaced as my mother was inquiring about them, and I had given them to him—he did not say, "Why do not you tell your mother about them?"—I cannot say whether I had been out of the shop; I might—I arranged the window at 8 o'clock that morning, and the rings were missed about 11—there was a case to cover these things; we have to slide them along—the window is about a foot and a half deep—the prisoner works opposite the window, opposite the other side of the counter—he was alongside of me when he returned the ring to me—he serves customers when I am out of the shop—the price is marked on all the goods—he took two brooches the night before, to show to a young lady—he brought them back next morning and said they did not suit—he asked me to let him take another one—I said, "No, my father will be up from the country this morning and he will let you do it"—he did ask me to let him have another ring to show to this young lady—my father did not come up that morning, not till the next morning—any one in the room could see the prisoner go to the window—I remained in the shop after my mother discovered the robbery.
MR. ROBINSON. Q. He asked you to let him take one ring, and you
refused? A. Yes; I had not the least thought that he had taken one—I went to the corner of Stanworth-street for a policeman, and very nearly as high as Holborn.
The prisoner received a good character.
GUILTY.—Recommended to Mercy by the Jury. — Confined Nine Months.
MR. MCDONNELL conducted the Prosecution.
MARGARET HOGAN . I live at 10, Union-court, Orchard-street, Westminster—I met the prisoner on 8th June between 10 and 11 o'clock at night in Turtle-street—he went home with me—he gave me 3s. to remain the night with him—I went to bed with him; I would not remain with him—he was there three hours—I told him he might have the bed to himself—he then tore away the bed clothes and was going to tear my own clothes—I was struck by him on the forehead with the poker; I saw the poker—I saw him strike Fitzgerald when she came in to see what was the matter.
Prisoner. Q. Do you remember going down stairs before you undressed? A. No; I never left the room—it was after Fitzgerald and the other girl came into the room that you struck me—Hector came into the room.
ANN HECTOR . I live at 10, Union-court—on 11th June, about 8 o'clock at night, I went to Hogan's room; the prisoner was there—Hogan was crying and saying that he had cut her bed clothes up, and had a knife in his pocket, and said that he would cut up all her clothes—he had a poker in his hand which he fetched out of my room, and struck me on the breast with it in his violence—our two doors are close to each other—I called Mary Fitzgerald, who came with a candle in her hand, and the prisoner struck her very dangerously on the head with a poker.
Prisoner. Q. Was she sitting by the window when you came in? A. Yes; crying—she did not say that she had been fighting with Sarah Ann—I came in for a light and she said she had no candle—yon did not say you would give her a penny to get her a candle—I did not say that the shops were shut.
MARY ANN FITZGERALD . I live at 10, Union-court, Westminster—on the night of 9th June, about 11 o'clock, I went into my own room—I heard a female halloo out—I got out of bed, came down stairs with the candle in my hand, and as I came down the prisoner hit me on the front of my head with a poker, and knocked me down—I did not go into the room—I could see from where I stood that the prisoner was knocking the two females about with the poker, on the landing—I was taken to the station and then to the hospital, but only remained while the surgeon dressed my head.
Prisoner. Q. Do you remember the Inspector questioning you? A. Yes; I gave you in charge—he did not ask you if you did not want to give me in charge.
HENRY BAKER . I live at 10, Union-court, Westminster—on the night of 8th June, between 2 and 3 o'clock, I saw the prisoner on the tat landing, using a poker on Fitzgerald, who was bleeding when I came down stairs, though I did not see him hit her—he was flourishing it about.
Prisoner. Q. Did I say, "Take away one of the women while I go for a policeman"? A. I saw the women bleeding, and thought it was my business to assist them, so I hit you—I did not state in my deposition that
I saw you with a poker—I did strike you and knocked the poker out of your hand, and then you ran down stairs.
WILLIAM SLATER . I am house-surgeon at the Westminster Hospital—on 9th June, about 4 o'clock, Fitzgerald was brought there—she had a severe contused wound in front of the scalp extending down to the bone—she came every day to the hospital—any blunt instrument, such as a poker, would produce it.
WILLIAM GEARING (Policeman). I took the prisoner on the morning of 9th June, at Victoria-street, Westminster—he was quite naked—he told me had been robbed, and his clothes torn to pieces, and turned out of a house—I went there with him and found his clothes lying on the first floor landing, and his shirt torn—there was a large quantity of blood on the landing—I saw Hector, Fitzgerald, and Hogan there—Hector said that the prisoner had struck her with a poker—Fitzgerald was bleeding very profusely from the head, and there were several cloths covered with blood—the prisoner said that Hector had brought a knife and tried to cut his throat, and that Baker kicked him in the eye, and he wished to give him in charge as he had a black eye—I found a poker in Hector's room with marks of blood on it—she said that that was what it was done with.
Prisoner. Q. Nobody gave me in charge; did not I come down to make a complaint to you? A. Yes; you told me they had kicked you and that you had lost a handkerchief—you had a black eye—I went down to the station—the witnesses made a statement—the Inspector said that he considered you were the aggressor and had struck them, and they had marks—I did not hear Fitzgerald say, "Although I have this cut I do not want to give him in charge."
COURT. Q. Was the prisoner drunk? A. He was very excited, but was sober, in my opinion.
Prisoners Defence. They are all prostitutes, and so one is as good as the other. I met this girl; she asked me if I would go home with her. I said, "I do not care; I will give you 3s.;" she went down stairs a few minutes afterwards and then went to bed a second time and said she wanted a light. I offered her a penny to get a candle; he said the shops were shut; she came in again with a poker in one hand and a knife in the other, and said that I must go down stairs. I said, "No, I have paid for the room for all night, and I will sleep in it," the three girls started on to me, but would not strike a woman. I asked the man to keep hold of them; if I did it, I did not do it with any intention, but in my own defence; but one of them might have done it when they were making blows at me; they took my handkerchief and what money I had in my pocket.
GUILTY of unlawfully wounding. — Confined Six Months.
NEW COURT.—Saturday, July 14th, 1860.
PRESENT—MR. COMMON SEBJEANT.
For cases tried this day see Kent and Surrey cases.
Before Mr. Recorder.
MART TURNER . I am the wife of Robert Turner of Tottenham, a gardener—on Saturday, 30th June, I went to the Stratford railway-station—I took a ticket there, put it in my purse, and put the purse in my pocket—there were two half-crowns and a key in it—there are some stairs at the station by which you ascend to the platform—when I went up the stairs the two prisoners came up with me; there were some tipsy men below; the prisoners began talking to me going upstairs about the men—Strange was close to my pocket side; Colley was on the other side of Strange—I felt a drag on my dress while they were close to me, as we were going up the stairs—I went to the waiting-room and left them on the top of the stairs—I felt for my purse to put back some change into it, and it was gone—I then ran back directly, and saw the prisoners down below, against the door—I said to Strange, "You went up stairs with me; I have lost my purse;" she said, "No, I did not; I have not been up any stairs"—the porter then asked Strange if she would mind being searched, and she said, "No"—we then went to the station master's room with both the prisoners—I have since seen the purse; this is it (produced)—the key and the half-crowns are in it—the porter brought another purse and asked me if it was mine, and I said, "No"—the prisoners were taken to the station; nothing was found on them, and they were discharged, but on this purse being found, they were taken again.
Strange. Q. Did you see a man pushed against a bus? A. Yes, that was what we were talking about.
GEORGE FOGDEN . I am an inspector at the Stratford railway station—on the evening of 30th July I received information from Mrs. Turner that she had been robbed of her purse by two females; she said they had gone down stairs from the platform—I went down stairs, and the two prisoners were pointed out to me—I told them they would have to go with me to the station master's office to be searched; they were taken there—going there we passed the porter's room—they were given in charge.
Colley. Q. Were we both up in the waiting room? A. You were both taken down stairs.
HENRY SAWYER , I am a porter at the Stratford railway station—on this Saturday evening I, in company with Fogden, went with the prisoners up the stairs—I followed behind Colley; Strange was before her—as they were passing the porter's room I distinctly saw Colley take something from under her cloak and throw it into the porter's room—I did not say anything to her, but I went into the room directly and picked up a purse, which I now produce—I took it into the station master's office, and asked the prosecutrix whether it was her purse—she said, "No"—I told Colley that she threw it in and she denied it.
THOMAS YOUNGMAN . I am a policeman on the Eastern Counties Railway—on Saturday evening, 30th June, I saw these two prisoners in the station master's office, charged with picking pockets—I took them to the West Ham police-station—they were searched; nothing was found on them, and they were discharged—I afterwards went back to the station and searched the porter's room, and in a recess, between a mop and a broom, I picked this purse up, containing two half-crowns and a key—I met the two prisoners in West-Ham lane, and took them back to the station, where they were charged with stealing a purse.
COURT Q. Was the place where you found it, a place where it could have been thrown as the prisoners passed the porter's room? A. Yes—it is a small recess at the side of the door.
Strange's Defence. I saw a great crowd where a man was knocked against an omnibus. I went and got two tickets and went straight away to go to the train.
Colley's Defence. Strange was taken up about five or seven minutes before me; I could have gone away, because they left me down stairs five minutes. I wanted them to search me, but they would not.
STRANGE— GUILTY .— Confined Six Months.
COLLEY— GUILTY . She was further charged with having been before convicted.
RICHARD HART (Policeman, 82 L). I produce a certificate—(Read: "Surrey Sessions, 17th January, 1859, Charlotte Colley, convicted of stealing 20 yards of ribbon, having been previously convicted; Confined Six Months")Charlotte Colley is the same person.
COLLEY—GUILTY.— Confined Eighteen Months.
PLEADED GUILTY .— Confined Two Months.
Before Mr. Recorder.
MR. M'DONNELL conducted the Prosecution.
THOMAS FOX . I live in Boon-street, Lea, Kent, and am a milkman—the prisoner was in my employ until lately; he left about a week before I missed the property—while he was in my employ I had a fowl and a gun—I did not give the prisoner leave to take away either of those things—I saw the fowl safe on Friday and missed it on Monday—this is my gun (produced)—the fowl I cannot positively swear to.
Cross-examined by MR, DICKIE. Q. Had not you had a quarrel with the prisoner? A. No; I was quite in a good temper when discharged him—I know the gun by a peculiar mark; it is sprung in the lock, and there are two pieces on each side here; it is not very often you see that—I should not like to swear to the fowl.
ISABELLA MARCHANT . I am the wife of William Marchant of Lewisham, a marine store dealer—about five or six weeks ago the prisoner came to our place; he first said he had got a fowl to sell—Mr. Marchant said, "Oh, have you?"—he said he wanted 18d. for it; Mr. Marchant said he would give him 15d. and he took it—about a week afterwards he came with a gun; he asked 5s. or 6s. for it; we gave him 4s. for it—I was present at the time the bargain was made—I gave the gun up to the policeman.
WILLIAM BROWN (Policeman, 98 R.) I apprehended the prisoner on 9th June at his father's house—I asked him if he had had any Spanish fowls in his possession; he said, "No"—I said, "Did not you sell a fowl to Mr. Marchant?"—he said, "Yes"—I said, "Where did you get it?"—he said, "I bought it of a man in Love-lane"—I asked what he gave for it—I think he said "15d."—I said, "You also sold a gun—he said "Yes, I sold it for 4s. or is. 6d., and bought it from a man in Lewisham-road.
NOT GUILTY .
HENRY READER . I reside at Seven Oaks, in Kent, and In May lost I was in the service of Mr. Allan—the prisoner supplied the house with milk—I remember seeing two odd boots in the pantry—I last saw them in the evening before he came in the morning—I missed them the next morning—I saw two odd boots in the pantry, and I could not find the others—I gave information; spoke to Fox, the policeman—I did not give the prisoner authority to take away those boots—I saw them next at Greenwich police-court.
COURT Q. You say the prisoner came there with milk; what time did he come there? A. Between 6 and 7—it was after that time that missed them—the other two odd boots were left—these are the two missed (produced)—they are odd ones, and correspond with the other two odd ones.
WILLIAM BROWN (Policeman, 98 R) I apprehended the prisoner on 9th June; he was then wearing these boots—I asked him where he got them from—he said he had bought them in Petticoat-lane about two months before, and gave 4s. 6d. for them—I said he was charged with stealing them, and then took him to the station—they were identified there by the last witness.
Cross-examined by MR. DICKIE. Q. Did not the prisoner wish you to go with him to show him where he had bought them? A. No—there is another constable in this case.
GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Six Months.
MR. LANGFORD conducted the Prosecution.
JOSEPH WALLIS . I am a private in the corps of Royal Marines, Woolwich—I know the prisoner—on 15th November, 1859, I went with her to the parish church at Greenwich, and we were married in proper order—she gave me the name of Eliza Ellen Morgan—we lived together as man and wife from that time till she was taken in custody on 16th June—I did not ascertain before her appearing before the Court that her name was Ellen Bean—I did not know but that her name was Morgan till she was taken into custody—I she did not tell me she was a single woman, but always understood she was.
ROBERT MARTIN (Policeman, R 321.) I took the prisoner into custody on 16th June, and told her she was charged with bigamy—I went to the church—this certificate (produced) of the first marriage was given me—I saw it copied from the book, and I compared it with the book—(Read; "Marriage solemnized at the parish church, Wrotham, Kent; Robert Knowles to Ellen Dean; 30th September, 1856.")
COURT Q. Who gave her into custody? A. The first husband.
FANNY HAGERTY . I am the wife of Charles Hagerty, Woolwich—on 13th September, 1856 I went to the parish church of Wrotham in Kent, and saw Ellen Dean married to a man named Robert Knowles—I had known them both before—I last saw Robert Knowles last night alive—that was the same Robert Knowles that I saw married to Ellen Dean.
Cross-examined by MR. DICKIE. Q. Do you know what age she was? A. No—it was in 1856. MR. DICKIE called
GUILTY.—Recommended to mercy by the jury. — Confined Two Days.
RALPH BOYS . I am a mariner—the name of my ship is The Jane Isabella—on Thursday night,21st June, I went into a public-house at Woolwich; into the tap-room—about 8 o'clock in the evening or it might have been a few minutes after, I began eating some bread and cheese—the prisoner came in and asked me if I would give him a little bit of cheese—I cut him off a bit of cheese, and gave him a drink of ale—he stopped with me, as near as I can recollect, about two hours after that—when I went into this public-house I had a silver watch with me; when I came out I had lost it—I turned quite stupid in the head and became insensible—I went to sleep after the two hours—I never saw the prisoner any more—I awoke about eleven o'clock at night, and found everything gone; my watch, a knife, and a handkerchief, 7s., and a baccy fob—I am sure that I had my watch safe when I gave the man the bread and cheese—I gave no one authority to take my pocket handkerchief away—I did not give information to the police.
Prisoner. Q. Can you swear I was the person who took the watch? A. No.
COURT Q. Were there any other persons with you, or near to you? A. Well, there were a few people sitting in the room, but the prisoner was in my company all the time—no one but he and I were drinking together—some of the other persons were soldiers; there were some sailors there—none of those were near me—when I fell asleep or became insensible the prisoner was close to me; sitting alongside of me—I had not been drinking much.
Prisoner. Q. Was not there another sailor sitting next to you; between you and me? A. No; you sat alongside of me.
COURT Q. Had you known the man before? A. Never.
WILLIAM ALLEN . I am an engineer of Woolwich, and keep a coffee-shop there—about half-past 12 on the night of 21st June I was standing at my door—the prisoner came up to me; I am sure he is the same man—he produced this watch and said, "Will you advance 5s. on it? or lend me 5s. on it; or I will sell it you for 15s."—he said it was his brother's who lived at Portsmouth—I did not lend him the money; I took the watch and looked at it, and asked him how he came by it, and where the ring was off it—I gave information to the police—I am sure the prisoner is the same man—I am sure this is the same watch.
MR. LANGFORD. Q. Was Reynolds the name of the constable you spoke to? A. No; I do not know his name.
JOHN REYNOLDS (Policeman, R. 13). On Friday morning, 22d June, I went to the prisoner in High-street, Woolwich—I asked him if he had been offering a watch for sale, or if he had one in his possession—he said, "No"—I said I believed he had, and I wished to search him—he objected to that—I did search him in an alley in High-street—I found on him this watch and handkerchief—he delivered them both up to me—I am quite sure he is the same man, and that this is the same watch and pocket handkerchief—he did not say whose they were nor how he came by them.
Prisoner's Defence. I was going home in that man's company. I was about half drunk; I left him in the public-house, and there were several other soldiers and civilians amongst them; I did not see any more of him, but as I was going up the High-street, in Woolwich, I kicked my foot
against something, and picked up that handkerchief and watch; the watch was in it. Before that there had been a row in front of that place; many people were going away at the same time.
GUILTY .— Confined Nine Months.
(The prisoner being a foreigner, the evidence was interpreted to him.)
THEOPHILUS MARZIALS . Up to 24th June last, I kept a private boarding school at Blackheath—the prisoner was in my service; I am not certain as to the time, but, I believe eight or ten months—so far as I remember he left in August last—during the time he was in my service I missed a great many things; silver spoons, a gold watch, and other things—this (produced) is my son's watch—as my son has another gold watch we cannot say precisely whether it was missed while the prisoner was in our service, because my son did not look in his drawer for it very often—this silver gilt pencil-case is my property—I cannot say as to this dessert-fork, nor the silver dinner-fork—these books are all my property—as far as I can remember, at half-past 7 o'clock on Thursday evening, between three and four weeks ago, my great plaid, my son's umbrella, and my coat were in the hall—that was after the prisoner had left my service—there were also missed two large silver spoons and some other articles—this scarf is mine—the umbrella is my son's—the pawnbroker returned me my coat—as far as I can remember, I went to the prisoner after he was apprehended and advised him to make a full confession; I thought it was his duty to do so—afterwards, when he was coming down from the police-court he asked me to go and speak with him—he said, "Well, there is no use in my denying now; I am guilty"—he said there were some tickets in his portmanteau; he said he had been deceived by a poor woman.
Prisoner. That pin belongs to me.
WILLIAM WILDER . I am assistant to Mr. Brown, a pawnbroker—on 2d May this year, the prisoner came to our shop, with, I believe, a female—he pledged fourteen handkerchiefs, and a silver teaspoon—part of the handkerchiefs belong to the prosecutor; the other part, and the spoon, do not—the prisoner came in the name of "John Francois"—the whole of these articles were pawned by a female—that was the female who came with him on one occasion—there were on 1st July, a shirt, two waistcoats, and a pair of drawers—on 3d July, two pairs of drawers, and a shirt; 13th, calico, and a shirt; 17th August, two shirts, and some silver dessert spoons; 20th August, a coat, sheet, and three shirts—that is the coat that I gave up to the prosecutor—on 3d September, a shirt, two pairs of drawers, a tablecloth, and a fork: 6th September, a Bible; 7th September, four books—those are the books spoken to by the prosecutor—on 12th September, a table-cloth, and several smaller articles: 14th June, 1860, this scarf—I likewise produce some articles of plate, a table-spoon and fork, on 18th May: 20th June, a table-spoon, dessert-spoon, and fork: 5th July, a dessert-spoon: 10th September, a pin: 12th September, a pen-holder, and two pencil-cases; and 6th September, a gold watch, the one that has been spoken to.
Prisoner. The silver spoon which was along with the handkerchief, belongs to me.
JULIA SEYMOUR . I am the wife of Richard Seymour—I have got my living for thirteen years in London, by interpreting for foreigners—I am the person who went with the prisoner to pawn those handkerchiefs—that was
the only time he came with me—I did not pawn the scarf, or the gold watch; but all the other things I believe I did, by the prisoner's desire—I paid him the money I received on them every time, and he paid me for going.
JAMES MARGETSON (Policeman, R 373). I apprehended the prisoner on 17th June—I spoke to him in English—he understood me, and answered me in English—I said, "Francois?"—he said, "Me no Francois"—that was the name which was given to me—I said, "Yes, you are the person I am in search of; you must go with me to the pawnbroker's in Leicester-square"—he said, No, he should not go—I then took him to Mr. Brown the pawnbroker, who said he did not know the man at all—I told the prisoner that I was satisfied that he was the man who went to Mr. Brown's shop—I questioned the prisoner as to how he got his living—he said he was a cook, and had been in the service of Mr. Marzials, at Blackheath—I said that he was the person I-wanted, and that he must go there with me—with that, I took him to the police-court at Greenwich, where he was identified by the prosecutor—after he had been examined at the police-court, at Greenwich, on the Monday, he gave me a key—I went to his lodgings and opened the whole of the drawers—I found 48 pawnbroker's duplicates, relating to plate and wearing apparel—twenty of those related to the articles pawned at Mr. Brown's: the others related to articles pawned at other shops; things which have been identified by the prosecutor, and given up to him—I found two forks, and one dessert spoon in the same drawer—I found a pair of drawers, with the prosecutor's name on them; a linen handkerchief; three pieces of calico, and two pieces of towel, and three pieces of plate, which I have produced—these (produced) are the duplicates relating to the things at Mr. Brown's.
COURT to WILLIAM WILDER. Q. Are those the duplicates you gave to the person who pawned the things? A. They are.
GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Four Months.
Before Mr. Common Serjeant.
MR. ABRAM conducted the Prosecution.
DAVID MERCY . I am a general clothier, living in Albion-road, Woolwich, and I have another shop at 132, High-street, Woolwich—the prisoner was my shopman—he had the care of the shop, 132, High-street, for eight weeks—he was the only one in the shop; my missus sometimes came there in the afternoon—on 16th June, I missed from the shop, four coats, a pair of trowsers, one shirt, and some leggings—I told the prisoner that the stock was short—he said they were all right—I asked him if he had sold them—he did not say he had—I found the articles upon him; in his pocket—I found one pair of leggings in the inside pocket of his coat; also two capcovers, and one waistcoat—the policeman took some keys from him, and we went to his lodgings, where I found one white shirt; two waistcoats; one necktie—these things (produced) are all mine—I had not sold them to him;
he had no right to take them—when I spoke to him about them, he said, "I did take these, but I did not take any more."
JOHN ROBERT REYNOLDS (Policeman, R 13). On Saturday night, 16th June, the prisoner was given into my custody, charged with stealing the articles I have produced—when he was charged, he took from his coat pocket, a coat, a pair of leggings, and two cap covers—as I was taking him to the station, he dropped this waistcoat—I afterwards searched his lodgings, and found these things there—he was not with me then.
GUILTY.—Recommended to mercy by the Jury. — Confined Three Months.
Before the Lord Chief Baron Pollock.
DENNIS MIHAN . I am a gunner in the 8th battalion of the Royal Artillery; the depot brigade—on Sunday, 24th June, about half-past 2 in the morning, I met the two prisoners and another marine, in a street near Woolwich—I had not known them before—I went with them towards Plumstead, and past Plumstead church—we went on to a hill near Welling—being Sunday, there was no public-house open—I found a beer-shop open ultimately, and I treated the prisoners to three pots of beer—I left them—I was proceeding back towards Woolwich—Dougherty was the first that overtook me—he reproached me with having left them without having given them notice—I said I had given them notice—presently afterwards, another marine and the prisoner Johnson came up to me—they walked with me some short distance—I proposed to go through the wood, as a nearer road into Plumstead—after I got up into the fence, I saw there was a deep ravine, and I wished to go back by the road; and Johnson said, "No, certainly not; go through"—I went to the bottom of the ravine, and when I got to the opposite side, Dougherty seized me round the neck, with his left hand in front of my throat, and his right hand behind—the other man seized me round my waist, and they then threw me down—I tried to remonstrate with Dougherty—he said that if I spoke a word, I had not one moment's life in my body—they got me down on the ground—they took my watch and searched my pockets—I only had a trifle left, and I had that in my mouth—my watch was in my pocket, and my watch guard was round my neck—it was a silver chain—I had it safe before these men took hold of me—I saw them take it—this (produced) is my my watch and chain.
Dougherty. Q. Were there not four of us went out of Woolwich together, for a walk? A. I am not aware of that—I only know three; the man that was dismissed at the police-court at Woolwich, and you two—Johnson and I commenced to run about 500 yards—one did not turn back again to Woolwich—there were only the three—I did not see any other besides the three—there could not possibly have been any one else without my seeing them.
Johnson. Q. Was I along with you when this man knocked you down? A. You were—he did not knock me down, he caught me by the throat with the right hand—you did not do anything to me as to keep me down, when I was down; nothing but turning out my pockets and ascertaining if I had any money; and then you put your hand over my eyes.
WILLIAM HARRISON . I keep a wardrobe-shop at Woolwich—on Sunday, 24th June, about 2 o'clock, Dougherty brought this watch and chain; I asked him what sort of a watch it was—I found that he did not know, and therefore
guessed that it did not belong to him—while I was talking about it, in came a policeman and took him in custody—I asked him what his name was, and he said, "Jack McDonald."
Dougherty. Q. Was not your wife in the shop? A. Yes.
CHARLES WILDERSPIN (Policeman, R 296). I went to Harrison's shop and found Dougherty there, who immediately made a bolt, and tried to get away—I secured him, with Harrison's assistance, and asked him how he came in possession of the watch; he said that a man had given it to him to sell, but who the man was he did not know—before I went in, I saw two more marines in the street, Johnson and another one named Davies—they were standing looking round the corner—the prosecutor was sober.
The prosecutor pulled off his boots outside a public-house and went to sleep, and a lot of gipsies got a whip and awoke him.
Johnson's Defame. I was not with them at all; I fell asleep in a ditch; I had nothing at all to do with the man.
DOUGHERTY— GUILTY .— Confined Twelve Months.
JOHNSON— GUILTY .— Confined Six Months.
Before Robert Malcolm Kerr, Esq.
MR. BEST conducted the Prosecution.
WILLIAM LEACH . I am a shipwright, and live in Abingdon-road, Deptford—I was going home at half-past 11 o'clock at night, on 4th June—I was going up Dock-street and saw the prisoners; they stood in the way—I passed them, and they came behind us, and struck my mate—we went on to the Dock-gate to inform the guard, and they told us to go back and find them I out, and we did go back, and met them—I told them I knew them, and I should give them in charge in the morning, and they took off their belts I and struck me with them on the head, and on the left ear—they gave me I very deep cuts; my left ear was cut, and I had two cuts on my head—I did I not do anything; my mate called out for help—the people came and the I soldiers ran away—I went to the Dock-gates with the policeman, and the I prisoners came up; I am sure they are the men—I was quite sober.
Cross-examined by MR. RIBTON. Q. Had you no quarrel with the men? A. No I never spoke to them till I said I should inform of them; till I said I would give them in charge for striking my mate—they struck him without any provocation—nothing had passed between us; we went along I and without any conversation they struck me witht heir belts, and my mate with their fists—I did not say, "You Irish b—s you are drunk"—I there were I and my mate, Benjamin Ralph—I swear I did not strike any of them—there was not a fight, and two fell together—neither nor my mate I went and got an iron bar—some of the neighbours said, "One of them has I got an iron bar"—there was a great crowd—one of the men with me did not I go to a window, wrench off an iron bar, and strike one of the men on the head—his head was not bleeding after he had been struck with the bar—the prisoners ran away when the neighbours came out—my head and my ear were injured—I did not go to a surgeon—when the prisoners ran away I and my mate did not follow them, one of us having an iron bar and the other a stick—they were followed by the neighbours—I don't know whether one of the neighbours had an iron bar—I did not hear the words, "you Irish b—s"—I know Sullivan by sight—I did not see him there—I did not see any girls there; I did not see any before the quarrel began—we did not
call to the soldiers, "There are three of us, and three of you, you Irish b—s"—I did not strike a soldier; I did not hear one say, "Let the two fight it out"—I heard a woman cry out about an iron bar.
MR. BEST. Q. Were there any persons there till after your mate was struck? A. No.
BENJAMIN RALPH . I was with Leach about half-past 11 o'clock on the evening of 4th June; we were going along Dock-street—we saw three soldiers—they followed us, and knocked my cap off—I did not know any of the soldiers before—I went to the guard to see if we could get their names, and we could not—we went back to the bottom of the street, and the soldiers were all three there—Leach told them we should report them in the morning when we went in to work, and they stripped off their belts, and all three struck him—I did not go near them, I cried for help to the neighbour—they came out, and the soldiers ran away—Leach was hurt—his head was cut severely—he had cuts on his head and his ear—he bled—the blood ran down to his boots—I went with him to the station.
Cross-examined, Q. Did you see who struck with the belts? A. They all struck—they struck me first—they did not strike Leach till they did it with their belts—I was not drunk; I had one pint of ale at 1 o'clock—I mean, that without my saying anything, they struck me—I never struck them—nothing was said about Irish b—s—there were three of them—there were not three of us; only I and my mate—there were some girls in the street; I did not see my mate talking to them or quarrelling with them.
Q. As the soldiers were passing along, did not one of you say, "There are three of you," and did not one of the soldiers answer, "There are three of us, and three of you,"and did you not say, "Three Irish b—s?" A. No—I a soldier did not say, "We are Irish to the backbone"—I think my mate struck when he was struck with the belts—the belts were not used till we went after them to apprehend them—I was struck when I was coming along Dock-street—we passed the soldiers and one came and knocked my cap off—the belts were not used then—I did not strike one of ths soldiere and both fall down together, nor did my mate that I saw—I did not hear one soldier say," You two fight it out"—one of us did not go to a window and wrench an iron bar off—they told us about it at the station—I did not, at the time, hear anything said about an iron bar I have heard it since—we did not run after them—we were good friends with this Irish Militia—I have never heard them called Irish b—s—two of the prisoners were pretty drunk.
JOHN ALLEN (Policeman, 140 R). I am stationed at Deptford—about 12 o'clock that night I went in search of the soldiers—I found the three prisoners together—the picket was with me—I had seen the prosecutor that night at the Dockyard gate, he was all over blood; his head was bleeding—I saw the prisoners in the Dockyard—I saw their belts—two of them were covered with blood—they are here now.
Cross-examined. Q. Were they drunk? A. One was a little the worse for liquor—they did not make any statement to me—the picket took them in custody—I was in company with them—the prisoners did not say that they had been called Irish b—s—I am a constable at Deptford—I know where are rows in the public-houses with the soldiers—I know there were six soldiers here last session.
COURT Q. Did you see Fitzsimmon's head? A. Yes; there was no blood on that—the two shipwrights were perfectly sober.
JOHN TARR . I am colour-sergeant of the Donegal Militia—I remember the three prisoners coming in that night—the shipwrights came and made a complaint, and I went to the commanding officer and asked if he would give them up—the belts were brought before I came in—the belts go by their own regimental numbers—I can't tell which belt belongs to a man.
Cross-examined. Q. How long have these men been in the regiment? A. Gormley and Fitzsimmons for two years—they are well conducted—the other man I don't know much of, he has not been there long—the people and boys have not called the soldiers Irish b—s, or anything of that sort—there were six tried here last session—they were let out on their recognizances. MR. RIBTON called
DANIEL SULLIVAN . I live at a public-house in Dock-street—I lodge in the front room up stairs—I reollect this row; I was disturbed out of my sleep; I opened the window, and saw the shipwrights—there were three of them—I don't know them by name; the witness Leach was one of them—I can't say whether Ralph was one—there were two other shipwrights with Leach, they were talking to some girls—there seemed something like a quarrel—three soldiers came along; I could not say whether they were the prisoners—they were going towards the Dockyard gate, in the direction of the barracks—there was a fight with one of the shipwrights and a soldier, and the others were pushing towards them, and one of the soldiers said,"Let them fight it out; leave the two to fight it out"—one of the shipwrights went to a window and got an iron bar from it, and a woman came up and called, "Run for your lives, you will be killed with an iron bar"—it was not one of these men that had the bar.
COURT Q. Where was that bar taken from? A. From outside the shutters—it was the fastening of the window shutters—the public-house was shut up at the time of the row—it was not the iron bar of the public-house, it was a private house near there—I expect the shutters were fastened; I don't know how they were fastened—I saw the iron bar in a man's hand, I heard him pull it off, and saw it in his hand afterwards—I have seen a bar on the window since—I don't know whether it was the same bar, I don't know whether it was a new bar—I have not spoken to the people of the house about it, I told people about it the next day—I heard two or three days afterwards that the soldiers were taken into custody and committed for trial—I told the sergeant of it, I can't say on what day.
COURT to JOHN TARR. Q. Did you accompany the soldiers to the station? A. Yes; there was no explanation given to the Magistrate—I made an attempt to find some women, but did not find them—it was after twelve that night when the prisoners returned—I was out looking for then, and when I came in they were confined in the guard room.
COURT to D. SULLIVAN. What time was it when you heard this? A. About twelve o'clock, by the clock in my room.
GUILTY of unlawfully wounding. — Confined Four Months each.
MR. BEST conducted the Prosecution.
WILLIAM SMITH . I am barman at the Victory, in Trafalgar-road, East Greenwich—on 28th June the two prisoners came to our house; Adams called for a pint of cyder—I told her we had not any—she said she would
have a pint of half-and-half—I supplied them with it—Adams drank of it first and handed it to Teeling—Adams handed me a counterfeit shilling—I found it was bad; I broke it in two and gave it her back—she went to Teeling, who handed her something, and she handed it to me—it was a good two-shilling piece, and I gave change for it—they went away in about five minutes.
Cross-examined by MR. LILLEY. Q. What time was this? A. About twelve o'clock; about the time that workmen come to take their dinner beer, but at that time these two prisoners were the only persons in the house.
ANN HORNE . I am the wife of James Home, a stationer in Trafalgar-road, Greenwich—on Thursday, 28th June, about one o'clock, Teeling came to my house and asked for a comb—I supplied her with one—she then asked for some hair pins; they came to 4 1/2 d.—she tendered me a shilling; I kept it in my hand and gave her change—after she had left the shop I found the shilling was bad; I gave it to my husband.
Cross-examined. Q. Had you ever seen her before? A. Not that I am aware of—I showed her a parcel of combs tied up, and the top comb she selected.
JAMES HORNE . I am the husband of the last witness—on 28th June my attention was called to the prisoner Teeling in the shop; my wife gave me a bad shilling—I followed the prisoner and said, "Ton have given me a bad shilling"—she showed me another shilling in her hand, and she said, "Is I this a bad one?"—I said, "No, that is a good one"—I took the good one and went home.
FRANCIS TEAGLE (Policeman, 441 R). I am stationed at East Greenwich—on 28th June I went up Trafalgar-road—I saw the two prisoners; one was about five yards from the other—I had seen them before—I saw Teeling go in Horne's shop, and saw her come out again—the prisoners were then going towards Woolwich—I took them to the station and charged them with uttering bad coin—Teeling then handed me this shilling.
Cross-examined. Q. Where was the searcher at the time? A. In the station—the prisoners were both searched in the same room—Teeling had a basket with her.
JOHN GOLDING (Police-Inspector). I remember the two prisoners being brought by the last witness—I saw Adams shifting her hands about, and I said, "You may as well give me at once what you have got"—she handed me these four shillings in this piece of paper; the paper was rolled between each shilling.
WHITWORTH KAY . I am the female searcher—I searched Adams and found on her one shilling, which I gave to the policeman—I searched Teeling and found some good money on her, which I gave to the policeman.
FRANCIS TEAGLE (re-examined). I received from the searcher one shilling, seven sixpences, three threepenny-pieces, and a shilling's worth of coppers—Teeling had this basket, which contained a loaf some cheese, a newspaper, flour, tea, sugar, eggs, peas, some biscuits, a comb, hair-pins, and some other things.
WILLIAM WEBSTER . This shilling, which Teeling gave up, is counterfeit—these four, given up by Adams, are all bad, and one of them is from the same mould as the one given up by Teeling. TEELING— NOT GUILTY .
Before Mr. Recorder.
Before Mr. Common Serjeant.
ROBERT WILLIAM ROBERTSON . I am a member of the firm of Robertson, M'Clean and Robertson, of Falcon-wharf, Blackfriars, lead and glass merchants—the prisoner has been our traveller since 1852—when he first came he had 200l. a year, and at last he had 300l., besides his travelling expenses, which were 1l. 1s. a day; and at the end of each day he used to charge a sum for incidental expenses, which varied in amount from 3l. to 5l.—it was his duty to take orders for customers, to receive the amount due to us, and to remit to us during the journey from time to time, and to hand me in a statement, at the end of the journey, of the sums received—he had authority to allow the customers discount at his discretion—wa allow a large discount to persons who pay cash—he kept a cash-book in which he entered any accounts he received on the journey, and which he was supposed to remit to me—this (produced) is the cash-book—it is in his writing—he enters the names of the persons from whom he receives the money, and the amounts—on his return home he hands the book in, and has a statement of the money he has received—he never showed me any other book—I took his statement as he gave it to me from the cash-book—I attend to the cash part of the business; the book-keeping—on 21st December, 1859, the prisoner was at Oxford, and also on the 23d—on the 27th here is an entry at Newport Pagnell—I had a customer at Wolverton named Aveling, and another at Oxford named Taylor—there is no entry in the prisoner's book of 30l. received from Mr. Taylor at that time, or at any time since—Mr. Taylor was indebted to us in that sum—the prisoner has never accounted for it or paid it—he has not accounted to me for 5l. received on the 17th December, from Mr. Charles Aveling of Wolverton, nor is there any entry of it in this cash-book—we have a customer at Faversham named Mayton—I find no entry in the prisoner's cash-book, on 27th January, 1860, of 132l. received from Mrs. Mayton—this receipt is in the prisoner's writing—(This was signed by the prisoner and was a receipt for 142l. 0s. 9d.)—on that day he accounts for 132l. and he adds 10l. to the discount—the discount was 23l. 3s. 5d.—he has not acccounted to me in any way for this balance of 10l. 0s. 9d.—he applied for money when he wanted it, and had it—at the time of his apprehension 97l. was due to him which he had not applied for—this book (produced) is in his writing—I never saw it till his apprehension—I had no knowledge of such a book being kept by him—I find an entry in it, "17th December, C. Aveling, 5l."and "22d December, John Taylor, 30l."—on 27th February, "Mrs. Mayton, 132l."—there are various entries in the book not connected with our business—there are housekeeping expenses and various sums of money—they are all entries of receipts and accounts—it is marked "Private cash-book," but on the receipt side there are several entries, such as "Samuel Hutchins, 3l. 11s." and receipts initialled, of which I know nothing—they have been in the
custody of the officer ever since—we have only had possession of them when we applied—the receipt differs 10l.
Cross-examined by MR. METCALFE (with MR. LEWIS.) Q. Did not you say that the officer had possession of these books? A. Tea; they were taken from the officer at first—all his books and papers were handed to us, and when he was committed for trial Mr. Coombe directed that the officer should keep the books—I had them for a week, and since that we have had access to them whenever we applied—the officer came to the office and had the red book—I may have given it to him myself; I will swear he had it—I do not recollect saying that I could not find it—the officer bring them here this morning—this diary commences in 1860—I never said that I had lost this book, or that Iwould not produce it on the trial—there are other books that are delivered out to the prisoner when he goes on his journeys; they are here—these memorandum books he gave to the customer—he is expected to make entries—I know that he was accustomed to take the books to the customers and make the entries of the transactions at the time—this is not our book; it is a private boot of his own; we never received it—I have not looked in it from December, 1859, to see whether the prisoner has entered this transaction—there was no object in his doing so—the books are not served out by me at the counting-house when he goes on his journeys; I give no directions—these books are taken out by the traveller to enter his orders in, and the money he receives—there was no object to be gained by an entry of this kind in the book—there was an examination at Christmas of the books in which the prisoner banded over money—I find last year that the prisoner had paid about 20,000l.—he has not been called upon to go through the books—this is the only book which I supposed was in existence—I have never gone through the books with him and requested him to produce his vouchers—there have been no mistakes on the part of the firm with regard to him—he once put down 40l. too much—I know of no complaints made by him as to the regularity of the accounts—I have never asked to be allowed to see any of the books—it was not Mr. Stark's duty to go through the accounts—Mr. Smithies is a clerk in our employ—I am not aware that repeated mistakes have been made in the entries of the prisoner's accounts in my books—I do not know that Smithies has frequently entered accounts incorrectly—he has an account against the prisoner—I know nothing about some property from Smith's which ought to have been entered to Cooper, but it is quite possible it might be posted to a wrong account.
MR. SLEIGH. Q. You know nothing of any mistakes? A. No; I know nothing about entries being made in the books and corrected afterwards—it is possible that a wrong sum may be entered to a person's account—if all these mistakes were made, Mr. Smithies would not think it necessary to say anything to me—I do not know that two errors were corrected on this very journey—Mr. M'Clean is one of our partners—he has not complained of the way in which the business has been carried on—he wished to have a larger share of the profits than he had, and I told him that if he wished that he had better go elsewhere—I do not know that he has proposed to the prisoner to go into partnership with him; I never heard it till the prisoner was brought forward before the Magistrate, and stated it—Mr. M'Clean is not here—I received 200l. from the prisoner on the Monday before he was given in custody, and on the Saturday 208l.—that would come to hand on Monday morning—I applied for a warrant on that very day after I received it—I addressed him as "Dear Sir," immediately afterwards—I received a
further sum of 38l. on the morning of the very day he was apprehended—these books were handed over to the police by me (Mr. Orridge here put in the books.)
MR. METCALFE. Q. Just look in that little book; you will find "Cash, 30l." A. Yes; that is 21st December—I find the whole bill set out here—I have not looked at the entries before; this is the first time I have ever seen them—I did not know it; but I know from this mark that it was certain to be there—the prisoner has not been allowed to make up the accounts for the last journey—he has never applied to investigate them; he was given in custody before he had an opportunity of making out the account—I found a number of cases running over a number of years, and that is the reason I gave him in custody—(It was here ascertained that a juryman named Mother was serving, by mistake, in the name of Maynard; upon which the prisoner was again given in charge, the witness re-sworn, and his evidence read over to him)—the prisoner remitted 3,800l. in January and February—I think he came home on Christmas eve, and went out again on 1st January—while he was in town, he would have to balance all the accounts and Settle with me for the cash—he took this book with him, and would enter the money at the time he received it—he made out his accounts, I presume, as he went on—he would not have to make out the accounts for the next journey; but he would take a ledger with him containing the accounts—he was generally in town four or five days a week—the money was remitted on the journey, with letters of advice—I have not the letter which accompanied the remittance; it is in the office, and can be produced if you wish it—I have no doubt we have the letter which accompanied the remittance of 17l. or 18l.—I do not know that he wrote on 27th or 28th January—there was a bill—I got a bill for part of Laleham's transaction—it was remitted by the prisoner, and was paid into our bankers—I have not taken steps to see what has become of that bill; I do not remember the amount of it; I do not know whether you have it—it is an acceptance of somebody to Mrs. Young for 166l. or something like, that; something beyond the amount of the account—it was paid into the bankers, and credit given for it—it was duly paid at maturity—I have not looked for any of these letters of advice—this book was kept by the prisoner on his journey—the account was never given to Mr. M'Clean—I am the cashier, unless I am out of town for two or three days of the week, when it is given to Mr. Smithies—he is not here—there is no one else to whom payments are made at times—Mr. M'Clean never interferes with the cash in any manner, nor with the books—I do not manage the books, but the cash keep entirely—Mr. Stark superintends the books, and Mr. Smithies, Mr. Allen, and Mr. Hunter; they each have their separate duty—I do not know whether from 1857 to the present time, the prisoner has ever been allowed to check the accounts and see that the entries are properly made—I he has certainly never been allowed to check the accounts in my books—I always open the letters of advice and remittances when I am there—when I am not there Mr. Smithies sometimes does, or Mr. M'Clean, whichever may be there first, and hands the cash over to me—he gives me the letter as well as the cash, and I compare them before I enter them, and enter the receipts in a book which I keep, which is here, but not the letters of advice—the letters are kept in a book, dated 1—I have never looked at them since this matter has been pending—the business has increased while the prisoner has been with me—it has not pretty nearly doubled—I do not wish it had, for we have enough to do, and we should then have too much—I discovered
the 40l. and advised the prisoner of it—our letters crossed—I told him I thought he had made an error about the amounts of his remittances, and by the next letter he said that he had.
MR. ORRIDGE. Q. Did the prisoner complain to you of your not having credited him with monies, which you had not advised him? A. Certainly not—these letters (produced) are in his writing—these are in the nature of private books as well—here is a ball ticket, and an opera ticket—these are private and are in the books in which he took orders from the customers—he then writes to me what is contained in the books—he did not produce these books to me again after he was apprehended, and after they were given to him in blank—these are my last year's books—I did not request him to produce books of this description which he had—I find in this private book of his, and in the private ledger, the sums named—I had never seen this book before—on his return from a journey the other cash-book was produced as the correct return of the sums of money received by him—if mistakes are made by anything being sent to the wrong party that, would make no difference whatever in the cash account—Mr. Smithies bad nothing to do with making out the accounts; the cash account was entirely under my control—I received what I could get from him and then gave him in custody.
MR. METCALFE. Q. Did you receive a bill about 10th November from a person named Webb? A. Certainly not; we received three bills of 100l. each from the prisoner, and he only accounts for two bills—that is 200l.—there is no indictment for them; we did not discover it until some time after the indictments had been prepared.
MR. ORRIDGE. Q. Who remitted those bills? A. The prisoner; and that name occurs in his private book—this is the book that he keeps for the journey—he has sent bills for 300l., and he takes credit in his remittances for 300l.—on one side is 200l., and on the other he takes credit for 900l. 6s.10d., which includes 300l. to Webb, who is only credited 200l.—the loss would Fall on Webb.
JOHN TAYLOR . I am a plumber of Oxford, and a customer of Messrs. Robertson—on 21st December, 1859, I was indebted to them 57l. 5s. 9d.—I knew the prisoner as their traveller; he was in the habit of calling upon me, soliciting orders—I paid him 30l. on account on 21st December, and he signed this receipt, and gave it to me—(Read: "21st December, 1859, John Taylor debtor to W. Robertson and Co., balance 25l. 17s. R. G. Dean.")—that is the prisoner's writing—I paid him in money.
Cross-examined. Q. How long have you known the prisoner? A. Nine or ten years; he introduced me to the house—during the whole time I have known him he has borne a very high character for honesty and respectability.
MR. SLEIGH. Q. Did you know him in any other way than calling on you as traveler? A. No.
CHARLES AVELING . I reside at Wolverton, and have been in the habit of dealing with Robertson and Co.—in December last I was indebted to them 6l. 16s. 9d., and paid the prisoner 5l. on their account on 17th December, and he wrote me this receipt
Cross-examined. Q. Did he give you the money at the railway-station? A. Yes; in the refreshment room, about ten minutes before the train for London came up.
HENRY MAYTON . My mother carries on the business of a plumber at Faversham in Kent—she is old, and I manage the business for her—she was indebted to Robertson and Co. 153l. 12s. 7d. making allowance for some
error, and I gave the prisoner a bill of exchange for 142l. 0s. 9d. on 27th January, this year—he wrote this receipt in my presence, and gave it to me—he made no other allowance for discount than that which specified on this paper; he gave me back the difference—he laid down 4l. 12s. on the table, and an I. O. U. for 20l.—I retained the other paper till he remitted me the two halves of certain notes, and then I sent it to him and received the other halves of the notes, upon which I returned the second piece of paper to the prisoner which I held as security for the 20l.—the amount of the bill of exchange was 166l. 12s. 2d.—I do not think this (produced) is the I. O. U.; I think it was on half a sheet of note paper—the I. O. U. being settled that settled the account—the bill of exchange I have not seen since it has been paid.
Cross-examined. Q. Was the difference between 142l. and 166l. odd paid to you by the prisoner? A. Yes; I received the whole of the proper change back perfectly right—we had had several bill transactions before, and promissory notes, in the way of business—this "By error in balance" means an error made in calculating the previous account—1l. 10s.10d. is an error—bills were not given for these sums and then renewed—I gave him a bill for 173l.—that was not renewed; it was cancelled because he told me that he had not made his ledger up, and said that he would settle it on his next journey—that was in January, 1860, and on the following day I received this from him; the whole of the debtor and creditor account—the bill was cancelled on 27th; here is Mr. Dean's own writing—I never saw the bill after gave it to him—there had been several bills given before that; we mostly dealt by bills—there might, perhaps, be one out of four or five renewed from time to time—I never mentioned discount to him; I said that there was a mistake about the old lead, and it was deducted for that—that was the reason for making a fresh bill; but the discount was no error.
MR. SLEIGH. Q. Does this bill show an amount due to your mother of 173l. 14s. 7d.? A. Yes; this bill at three months, due April, 1860, is a promissory note of mine, which was cancelled, making a settlement of the whole matter—as regards the old lead I charged 100l. 9s. 10d. instead of 98l.—the discount, 7l. 13s. 1d., was arranged on 7th January—when that was drawn up and signed, that made it all clear between the parties—not one of the promissory notes which have been talked of is dishonoured at the present moment.
WILLIAM BURCHER (Policeman, M 236). I apprehended the prisoner on 30th April at Northampton; I told him the charge, and showed him my warrant—he said that he was quite innocent, but it was possible he had made a mistake under the peculiar circumstances, as he had done before; that it was not more than two months since he made a mistake and sent 40l. more than he ought, and it was possible he had made a mistake, but he could account for every halfpenny—he offered the books to me; he produced them voluntarily—he gave up everything—he said, "If I am a prisoner, I suppose you will require my books," and gave up these private books immediately, and the little books too—I handed them to Mr. Robertson on the following morning at the police-court—I got them back soon after I had been before the Magistrate—I got this diary of 1830 back.
Cross-examined. Q. Did you take from him a diary of 1859 also? A. These are 1858 and 1859—I also received one from him for 1860—I have received that from Mr. Robertson; they were all given up to him on the first occasion—Mr. Robertson has not said anything to me about the diary.
WILLIAM BURCHER (continued). I gave all the books to Mr. Robertson—I have never received the diary for 1860 back—I am quite sure there were two, and I received back one, which I marked—I spoke to Mr. Robertson about the diary which the other defendant came to see me about—he said he could not find it, or that I had had all that he had; that he did not know anything about auother diary—the prisoner did not call again after that—I did not tell him Mr. Robertson had said he would not produce it till after the trial, or that Mr. Robertson had lost it—Mr. Robertson said that I had the whole he had got except the books that belonged to him, and his own cash-books—I made memorandums of what I took from the prisoner, and gave them up to Hunter, I think his name is, one of Mr. Robertson's clerks, in a small leather case—Mr. Robertson was not present at the police-court—I am quite certain that I gave up two, and that I have only received one since—Mr. M'Clean did not go down with me to Thrapston; he came in in the afternoon—he was not there when I apprehended the prisoner—he had some dinner, and drank his wine—he had his dinner in the commercial room where we were—he and the prisoner both had a glass of wine—I don't think it was sherry, I do not know what it was—Mr. Robertson said at the police-court that he was not aware of anything about going into partnership with the prisoner, or that he knew it had been proposed—I remember that gentleman (Mr. Lewis) asking him a question—I do not remember Mr. Robertson saying that he was not sure of it, but that he had heard that it was to be so; I think he said that he was not aware of it.
MR. SLEIGH. Q. When Mr. Robertson was asked that question at the I police-court, did you hear him say he had never heard of such a thing till that day? A. I believe he said, "No"—this was a refreshment room, and I happened to be in the same room; it was a commercial room—Mr. M'Clean ordered his dinner, and had it there—I received one of these books from Mr. Dean's solicitor, but not the other—nothing was said by Mr. Robertson about his keeping it, and not producing it till after the trial was over—he said that he would look, and if it was not to be found he should know nothing about it, but if it was found I should have it; that he had returned everything he had received.
MR. ORRIDGE to ROBERT WILLIAM ROBERTSON. Q. Turn to those letters; one is December 13th? A. December 13th, 1859—that contains 374l. 15s. 3d., which tallies with his book between the 17th and 31st—on 10th September we received 243l. 5s. 6d.—the items are not set out as received from different people, they are lumped in the sum—they do tally in all cases—the book corresponds with the letters of advice—that is on 29th September—each journey is balanced—the journey and the balance in the book, and the amount, corresponds—on 17th December here is 95l. and on the same day here is 95l.—these are the letters (produced)none of them have been taken out; I cannot tell whether they are all here—I should think these would be the only letters containing remittances—there are no letters in which there were complaints of errors—we should put no letters in this book, I think, excepting letters containing money; but I would not be certain of that, because I did not put them in myself—my attorney and myself have had access to these books for two months—every letter in this book is written by the prisoner—every letter that advised a remittance is posted here; I have not cut any out—the books are made in this manner, with this extra piece to allow the letters to be posted in.
MR. METCALFE. Q. Is the prisoner's salary to the amount of 100l. owing? A. About 97l., there is an action pending.
MR. SLEIGH. Q. What was his original salary? A. 200l.—there was a difference within the last year or so in the mode of paying his salary—always paid it myself, by cheque—he used to draw his salary as it became due in the early part of his service—the action was brought for this alleged sum of 100l. after he had been taken in custody and committed for trial by the Magistrate—in the early part of his being with me he used to draw his salary, but he has not drawn it all, not for the last eighteen months.
The prisoner received a good character. NOT GUILTY .
MESSRS. SLEIGH and ORRIDGE conducted the Prosecution.
ROBERT WILLIAM ROBERTSON . I am a member of the firm of Robertson, M'Clean and Robertson, of Falcon Wharf, Blackfriars, lead and glass merchants—the prisoner has been for several years traveller to the firm—his salary last year was 300l. a-year, and a guinea a day for traveling expenses—we were in every respect satisfied with him—his duty in the course of his journey was to collect money and orders, and to transmit them to us by letters, and on his return he handed me in the book of his receipts—these are some of the letters received during 1859—I should suppose that all the letters advising me of remittances are in this book (produced)—this (produced)is one of the cash-books kept by the prisoner, and this one also (produced)—on his return from his journey he would hand me this book, which I understood contained a statement of the monies received by him during the time he had been away—I do not go over the book with him; I ascertain its correctness by comparing it with the remittances entered in our cash-book—as the monies arrived they were entered in our cash-book—at the end of each journey he makes up this book, and hands to me the book and the balance shown to be due by his own statement—these are the only books of which I had any knowledge; I had never seen these (produced)until the prisoner was taken into custody—they were used by him for the purpose of entering his orders and the money as he received them—I believe they were given out by us, but they were never returned to us—we never required the return of any of them, or the iuspection of them at all—it is the custom of our house to require an inspection of them—I have never, from the time of his being with us, seen or had any return made of these books—I have no knowledge of the custom of the trade beyond that of our own house of business—Mr. William Day is a customer of our's—I have no doubt that the prisoner was there at the time—this is the cash-book in which the prisoner accounts to me—I find in it an entry, on 10th February, of 9l. 15s.—this (another) is one of the books for February, 1859—in it it appears, from the prisoner's handwriting, that he has received 10l., but it is not under the same date as the other—this appears to be dated 26th January, 1859, at the top of the page—this appears to be all January, but it is the same amount—I find an entry of 10l. received from Mr. Day; besides that, there is "9l. 15s. discount," as if written in after-wards—he accounted to me for 9l. 15s. he never mentioned any sum of 5s. due from Mr. Day, nor any error—the prisoner had a discretion as to the amount of discount to be allowed—Mr. Baines, a plumber, at Cheshunt, is a customer of ours—find in this book an entry, "27th June, 1859, 25l. received from"—in the memorandum-book, on the same day, it stands, "C. Baines, cash, 5l.; bill at three months, 25l.: total, 30l."—
this is also in his handwriting; it is his private book—in it he enters, at 27th June, 30l.—at the end of the book, in a list of names, I find the name of "Baines, 5l."—this is a ledger, which the prisoner took with him on his journeys, containing a list of all the accounts he had to collect, made up by himself, in his own handwriting; in it the balance at Christmas stands 58l. 8s. 2d. as due to us by C. Baines, of Cheshunt—this paper is in the prisoner's handwriting; he was there in March, 1860—this purports to be an account of what Mr. Baines owed to us—the date of it is 6th March, 1860—I find the balance here 53l. 8s. 2d.—the prisoner has never accounted to me for the sums of 5s. and 5l.—I find that the prisoner's cash-book, which he handed to me at those dates, correspond with his letters of advice and remittances.
Cross-examined by MR. METCALFE. Q. When did you first see this account in the ledger? A. I cannot say when I first saw that particular account—it is quite possible that there is "53l. 8s. 2d." at the bottom of that ledger; I did not remark it—I looked at the amount at the bottom of the ledger—here is a memorandum of 53l. 8s. 2d. in the prisoner's handwriting, which ought not to be there—I never remarked it before—I have not tried to compare the entry in that ledger with the receipt—it begins with two items making up 72l. 15s. 9d.; that in the ledger begins with 79l. odd—these are both in the prisoner's writing—this account is made out, and brings forward a balance from the last journey of 64l. 2s. 8d.—his last journey appears to have terminated on 1st October, 1859—these two sums added together give 173l. 18s.; on the credit side of the same date is 104l. odd, leaving a balance of 69l. 2s. 8d.—the prisoner's bill is delivered as 64l. 2s. 8d.—the balance in our ledger, at the same date, is 69l. 2s. 8d., making the difference of 5l.—the two items of which this 104l. is made up, are 7l. 15s. 9d. and 25l.—I have taken notice of the sum of 25l. on the other side—the two together make the sum of 175l. 15s. 9d.
COURT Q. Can you, from looking at the bill, say whether the difference arises from his having been debited with former goods, or credited with less cash? A. Certainly not.
MR. METCALFE. Q. You have had the opportunity of looking at these; have you taken the trouble to look at your ledgers, and ascertain these accounts? A. I have looked at the ledger in which Baines' account was kept; I have not the ledger here—the prisoner was in the habit of remitting to me about 2,000l. a month; 20,000l. during the last year—he balanced at the end of each journey—his remittances on each journey varied in amount; the books speak for themselves—he was given in custody on a journey at Thrapston in Northamptonshire—Mr. M'Clean went there—he is not here to-day; he is in the country on a journey—Mr. Stark had nothing whatever to do with the prisoner's accounts—he made up the prisoner's account from the book; he copied it into our cash-book, but had nothing whatever to do with the receipt of the money—the accounts delivered by the prisoner were all copied into our general books by Stark, who is here—Smithies had nothing to do with those books; Smithies kep the ledgers himself; the prisoner had nothing to do with him in keeping them—Smithies posted, from Stark's entries in the cash-book, the accounts sent in by the prisoner—I did not say on Monday that Smithies was cashier; I am cashier—occasionally, when I was away for a day, or two or three days, Smithies would take charge of it, but he is not our cashier; he is here—I have not ascertained, since you asked me a number of questions about a number of errors, whether those errors were made or not—I took
no note of the names—I have not inquired whether those are errors or not—I forget the date when I caused the prisoner to be given in custody; you can refer to the deposition—I applied for the warrant myself, but I took no note of the date—I applied for the warrant on 28th April—between that time and last Monday I looked at those books, in some cases, to see what entries the prisoner had made—in this particular case I did not, nor any of those which were tried on Monday, but I sent for those books yesterday, and I then looked at Baines' and Day's—the prisoner had not finished his accounts for this journey; he was on the journey when he was taken in custody—he was not called upon in any way to go through his accounts or to balance the books—this journeyman's cash-book was merely put into my hands, and I looked to see whether it corresponded with the letters of advice—I never called on him to make up his accounts—it is quite possible that he sent up 800l. the last week of his journey before he was taken in custody; I do not know—he sent up 100l. the day before he was taken into custody, and possibly 200l. the day before the warrant was taken—I acknowledged the remittance in my usual manner; "Dear Sir," very possibly—when I have complained of a large allowance of discount being made, the prisoner has said he should be happy to go through it—sometimes I have gone through some particular items—I have not, since 1857, been through the accounts with him at all; the book itself is the account—nothing was said, at the time he was given in custody, about two items of eighteen months ago—all he knew about it was that my solicitor sent him notice that he would be tried—100l. of his salary is owing to him—since his committal he has brought an action—he was allowed to use his discretion about the discounts—commission would not be allowed to a person who recommended a good customer—supposing that instead of taking a journey to a certain person, the prisoner were to get that person over to where he himself was, he would not be allowed to charge their expenses—at the end of each journey he enters a sum for incidental expenses—I pay those expenses, as expenses incurred by him, and I suppose them to be reasonable; if they were unreasonable I should object—I know nothing of his allowing a person in that way—if it were allowed it would be entered in the incidental expenses—I do not inquire into them; I take it for granted that he has spent the money in some mode for our business—there is always a charge for booking made—in many cases, if the customer complains of the booking, it is allowed to them—in point of fact, it is part of the carriage under another name—we make a charge for carting, under the head of booking—that is not done whether there has been carting or not—if the customer objects, a portion would be taken off; a discretion is allowed to the traveller; and sometimes he might take it all off, in the case of a good customer—the prisoner's salary has been gradually increased from 200l. up to 300l.—the last increase was some time last year—I wrote to him, and told him that I should increase his salary 25l.—it is possible that that was in April; I really do not know, I kept no copy of the letter—I am at the business every day for many hours—I am there from 9 in the morning, and am generally there till 4 or 5 o'clock in the afternoon; every day in the week—sometimes I take a holiday for one or two days—the prisoner has increased his portion of our business considerably—he was a good servant to us; that was why we increased his salary—there have not been very heavy duties for him to perform—we have others who perform as heavy duties, and who perform them equally well—he performed his journeys two or three times a year; some were long and some were short—
he should usually visit each place three times a year—I really cannot tell you how many places he had to visit; I really do not know whether there were as many as 200—it would be very difficult to answer that question—he went down to the south coast; and north, as far as Norwich—he kept to the eastern coast—I should say he has certainly not been absent on those journeys as many as 360 days out of 365; I am not sure that he has not—sometimes he remained in town two or three days; never less than that—sometimes he remained a week.
MR. SLEIGH. Q. Did you allow him everything that was fair and reasonable in the way of expenses? A. I never complained to him in my life—I have kept the accounts myself entirely; and entirely also in reference to the squareing accounts with the prisoner when he came to town—I am the only person that receives that book from him when he comes to town—neither Mr. Stark nor Mr. Smithies had anything whatever to do with his accounts in any shape or way; Mr. Stark's business was in Copying from one book into another—I instituted careful inquiries in regard to the prisoner's accounts, further than in respect of, the one on which we took him into custody, and was satisfied that he had been robbing us for years.
WILLIAM DAY . I am a plumber, residing at Headcorn, in Kent, and have been a customer of Messrs. Robertson—on 10th February, 1859, the prisoner called on me in the course of business, and presented this account (produced) to me; he wrote it in my presence—(Read: "London, January 26th, 1859. R. W. Day, debtor to William Robertson & Co., Sept, 25, to balance, last journey, 13l. 4s. 4d., goods, 5l. 3s. 4d., cash, 10l., leaving a balance of 8l. 7s. 8d. Mr. Robert George Dean, Haunch of Venison, Maidstone, Tuesday, February 10th.")—"Haunch of Venison" is the name of the inn—I paid him the 10l. as appears by this receipt—I paid him with a 5l. note and five sovereigns—he allowed me nothing at all out of that—I never was allowed any discount by him.
Cross-examined. Q. Did you go over to Maidstone to see the prisoners? A. No, not at that time—I met him there once; I have no recollection of it being on this very occasion—on the occasion that I went there, he paid some of my expenses in coming over to Maidstone—it was in February that I paid him—I have no recollection of going over to Maidstone then; I should not like to swear that I did not—when I went there, there was one other customer waiting there with Mr. Dean—I do not think there was one from Town Malling; there was one from Hollingbourn—there was not one of the name of Judge, from Town Malling, while I was there—it might be the case that I made an arrangement with him, and went there on 10th February—I did go to the Haunch of Venison—I cannot swear to having paid him this bill at Maidstone.
Q. Can you tell the jury whether or not, when the bill was settled, whether he did not give you back 5s. at that very time? A. No—I had other business at Maidstone—I will not swear that he did not give ma 5s. back at that very time.
MR. SLEIGH. Q. When did you get this bill? A. Not till I saw Mr. Dean, when I paid him the 10l.—I live at Headcorn; that is where I have resided this forty years—this was after dinner—when I was at Maidstone, I went to the Haunch of Venison—I will not swear whether I paid Dean that 10l. at Headcorn, or Maidstone—it is my impression and belief that I paid at my own house—I had never before that paid him money at Maidstone, if I did then—I won't swear that I did; I have no recollection.
COURT Q. Are you sure that on one occasion you did pay him at Maidstone?
A. The 10th February must be the time, if I did ever pay him there—I won't swear that I ever did pay him at Maidstone; I have no recollection at what time of the year it was that I met him at the Haunch of Venison—I did not do any business with him there, to the best of my recollection, nor give him any order—he said he should be there, and I called there—I have known him this twelve years—I do not know that his place of stopping at Maidstone was always the Haunch of Venison—it was in 1859 that he told me first that he stopped at the Haunch of Venison—wherever it was that I paid him this 10l. it was a 5l. note and five sovereigns—I won't swear that he did not give me 5s. for my expenses; I have no recollection that he did—I never heard about it till I was asked the question to-day—I have never been in a witness-box before.
CHARLES BAINES . I am a plumber at Cheshunt, and customer of Messrs. Robertson's—the prisoner called on me on 27th June, 1859—I paid him 30l. that was owing by me to the firm—I paid him by a bill for 25l. and a 5l. note—he gave me this receipt (produced)—he called on me again in March this year—this (produced) is the account that he rendered to me in March.
WILLIAM BURCHER (Policeman, M 236). I took the defendant into custody, on a warrant down at Thrapston—I told him that he was charged with embezzlement from his employers—he gave me his keys, and said that I might take his desks and papers; he said he could explain everything.
Cross-examined. Q. Did he say "There may be some mistake"? A. Yes—I think he said "Not a month ago I sent up 40l. too much"—Mr. M'Clean shook hands with him after he was in custody, and he had dinner and refreshment in the same room—I do not recollect whether they took sherry or drank together—Mr. M'Clean had something to drink—I do recollect that they shook hands together.
MR. METCALFE to ROBERT WILLIAM ROBERTSON. Q. Was 40l. too much I remitted to you? A. Yes; our letters crossed—we found it out almost at the same time.
MR. SLEIGH to WILLIAM BURCHER. Q. Did Mr. M'Clean, one of the partners, shake hands with him when he went down there? A. Yes—it was not a mistake when I said that Mr. M'Clean shook hands with the defendant, Dean—I went down there in the morning alone, and met Mr. M'Clean down there—they sat at the same table—I had a pipe—Mr. M'Clean I was at the other side of the table—it was the public room.
MR. METCALFE. Q. Was it the only room? A. I do not know that it was—it is a large house. The prisoner received a good character.
NOT GUILTY .
650. ROBERT GEORGE DEAN was again indicted for embezzling the sums of 2l., 1l., and 1l., the monies of Robert William Robertson, and others, his masters. MESSRS. SLEIGH and ABRAM conducted the Prosecution.
ROBERT WILLIAM ROBERTSON . (Part of the evidence given by this witness in one of the former cases was read over to him, and he assented to it.) We have a customer named Charles Nutt, at Oxford—this paper is in the prisoner's writing—it is a receipt by him for 45l. 19s., 21st December, 1859—on that day he entered in his private book, 45l. 19s. as received; that is the same as the receipt—this (another) is our book which he hands to me—in that it is written 43l. 19s., and upon that footing I settled the account—in this little memorandum book which he carries about, here is an entry of Nutt, of Oxford—the entry shows the amount due to be 41l. 4s.—he debits himself as having received 43l. 19s., and 106l.
11s., which, added together, would make 150l. 9s., but in this book he makes it 152l. 9s., added up wrong—that is exactly 2l. error—these figures appear to me not to be in their original condition—in the private book, I in a list at the end, occurs the name of "Nutt, 2l."—that amount of 2l. has never been paid or accounted for to me by the prisoner—I have been able to trace nearly every one of these entries from these books, through the accounts in the prisoner's books—that 150l. applies to this particular journey in which Mr. Nutt's case is; I have been able to trace that through the prisoner's books—by his private book, the entry shows that he receives on this journey 4,006l. 16s. 4d.—that is the entry, and 6l. 16s. 4d.—it is all in the prisoner's writing—he pays to us 3,850l. 17s. 10d.—to make his private book tally with our book in amount, he deducts from that 4,006l. 16s. 4d. various sums of money, amounting to 155l. 18s. 6d.; deducting that, gives him the amount which he has accounted to me for, 3,850l. 17s. 10d., so that he actually received 4,006l., and pays to me 3,850l.; and I can prove each item; there is the name of a customer of our's to each item—he has never paid to me one shilling of those items, making up the sum of 155l. nor accounted to me for it in any way—the journey in which Nutt's case is, was completed on 24th December, 1859—subsequently I saw the prisoner, and squared accounts with him—we have a customer named Crowhurst, of Bexhill, Sussex—the first item in this old account is Webb's, of 100l.—I am in a condition, by the prisoner's own writing, to trace out that sum, and I will prove that I never received it—though I received the actual bill, by remitting that particular bill, the prisoner was able to keep back 100l. in money—I have the bill and receipt in Crowhurst's case in my hand; they are both in the prisoner's writing—on 4th February, 1860, he actually received 72l. 11s. 1d.; here, in the cash-book belonging to the firm, it is 71l. 11s. 1d.—there is an allowance in the bill for discount of 2l. 7s. 11d.—the allowance in his private book is 3l. 7s. 1d.—the 71l. 11s. 1d. would be made up by the 3l. 7s. 1d., and 1l. less in cash—the pencil book shows 3l. 7s. 11d.,—I have never had that sovereign accounted for—the total in the little book is 71l. 11s. 1d., and the same in the private book—we had a customer named Fiers, of Seaford—this bill and receipt are in the prisoner's writing—it appears by this "By cash 30l.," and a "bill for 76l. 6s. 6d., on 7th February, 1860, making a total, he received, of 106l. 6s. 6d."—in the pencil book is "Henry Fiers, 105l. 6s. 6d"—in our book "105l. 6s. 6d., "and discount" 7l. 2s. 3d., "the discount allowed being 6l. 2s. 3d—in the pencil book it originally appears, I think, 6l. 2s. 3d—the difference is to be found in the discount; we only received 105l. 6s. 6d.—he transmits his money during the journey—he transmits notes, but it does not follow that he transmits the same notes that he receives—I have never had that account in any shape or form—in the private book also it is 105l. 6s. 6d.
Cross-examined by MR. METCALFE. (Part of the witness' previous crossexamination was read over to him and he assented to it). Q. Have you the letter of advice about those three 100l. bills from Webb? A. Yes, this is it; here are the three bills—there is a total of 900l. 6s. 10d. remitted on that day, 12th November; four bills for 100l. each—I show, by my bill book, that three of them were from Webb—I generally make out my bill book, but in this particular case it was entered by Smithies—I received those three bills from Webb—the names of the persons from whom the bills are sent, are in Smithies' handwriting—here, in the letter of advice in Nutt's case, 21st December, I find the bill for 106l. 11s. 3d.—I also find a remittance in notes to the extent of 90l.—there are other advices also
and a postscript that he has received 20l. in cash from another person in Northamptonshire—there is not here, in the account in Nutt's case, an error of 19l. 2s. 6d. made against Nutt by the firm—I have no idea who made this tick—I have not looked to the letter of 4th February to see the number of orders he had on that day—I see three or four pages of orders here, showing that he had a great deal to do on that very day—in the little pencil memorandum book, at the date of November, Webb's case, I find two bills entered of 100l.—I find in his private cash-book, an entry of his having received that at Ipswich, from whence he remitted it to us—there is also an entry, 10th November, three bills of 100l. each, as received—at the same date in our book, there is an entry of only two 100l. bills received—he did remit the three bills, and having taken credit to himself for it, he ought to charge himself on the other side of the book with having received them; which he has failed to do—he did so in his private book, but not in our's; in ours it is only 200l.—during that journey he charges himself with having received bills to the amount of 2,418l. 0s. 5d. whereas in fact he actually did receive the amount of 2,518l.—this is all in his writing—the three bills were paid to Mr. Smithies by the prisoner in London—I saw them the same day—I put them into the cash-book myself—the three came in the same letter; I will swear that—I have not got Webb here—on my oath one of those bills did not go to the firm—in the letter of advice there are three bills, each with the name of Webb—Smithies has put that name; recently, since this prosecution has been going on—I cannot tell you precisely when those names were written to those bills—it was not since the last trial; I will swear it was not since the trial on Monday—I did not see it done—I first saw it in the book two or three weeks ago—it was after we has been going into these investigations; after the case had been enquired into at the police.
COURT Q. Then, although he sent up three bills of Webb's, he debited himself only with 200l. instead of 300l.? A. Yes—when we receive remittances it is taken into account as so much cash—we do not particularize the bills, and it is only at the end of the journey that he gives me this book as a true account of his receipts, therefore I have no opportunity of comparing it with the account that he sends, or with the amount—having paid three bills and only giving credit for two, he actually owes 100l. less to us than it appears he does owe by the ledger.
Q. On your book there is a record which must inevitably lead to some explanation about the 100l.? A. There would have been if we had looked at all these particular books and compared them when he returned from his journey, but it was never our practice to do so—this account was given to me six weeks after the bills came into my possession, the reforeit was never compared.
MR. SLEIGH. Q. Have you been in the practice of comparing carefully that book with the accounts? A. Never—he charges himself by this book with having received in bills 2,418l.—he actually did receive in bills 25l. 18s., and he takes credit to himself in remittances for 2,418l., so that he keeps 100l. in cash which he receives from our people, and puts it into his pocket—if we had suspected any fraud of that sort we could have looked into the books and found it out, but we never suspected him of robbing us.
MR. METCALFE. Q. Have you got Webb's receipt? A. No—I wrote to Webb, and brought him to London—I would bring him here if necessary—the prisoner's actual receipts of 3,850l., as entered in his book, should be increased by 100l.
COURT Q. Do you mean to say that that list of sums at the end of the
book is a list of sums, with the names of parties, which he has robbed you of? A. Yes.
MR. SLEIGH. Q. As regards this comparison of bills and accounts, you I have not been as precise and particular as you really ought to have been with regard to the prisoner? A. We have been as particular as we ever were, I but it is clearly shown now that we ought to have been more particular—I have had unlimited confidence in him.
CHARLES NUTT examined by MR. METCALFE. Q. Your account had been running on for some I believe? A. I have dealt with the prosecutors for some years, and had a running account—it was sometimes paid by bills, sometimes by cheques, and sometimes by both—the prisoner was at my house on 21st December—I will not swear that it was oil that occasion that he remained there all night, slept there on the sofa, and went off early by the train, but he has done so once—it was on the occasion that he told me he was going to the banquet of the Commercial Travellers—his next journey would be in four months; the latter end of March or the beginning of April, he ought to be there again—he was taken into custody at Thrapston in Northamptonshire—he would have come to Oxford in a couple of days had he not been detained—I had had advice in his own writing to that effect—I should think it would be between 4 and 5 in the evening that I paid this account—there was an error in the account supplied to me by the firm; they omitted to charge me 19l. 2s. 6d.; detected that myself—the account presented to me did not include the item of 22d June—Mr. Dean made out a fresh account for me, at my request
MR. SLEIGH. Q. Well, that was months before the payment of this sum of which you hold the receipt in your hand? A. It was made out at the time I paid it; this bill was—the 19l. 2s. 6d. related to goods I received in June—the night that Mr. Dean slept at my house was the night previous to the banquet referred to—I believe it was on that occasion that I paid him that money—he came to my house twice that day—I did the business with him the first time—I paid him at 4 or 5 o'clock in the afternoon, and then he came again subsequently and slept there—he wrote this receipt when I paid him the money—it is all right.
MR. METCALFE. Q. You gave Mr. Dean your likeness? A. it was a mutual exchange—I gave him one and he gave me one.
HENRY FIERS . I am a customer of the prosecutors'—I settled an account with the prisoner on 7th February in the present year—I gave him 70l. 6s. 6d., and he, on that occasion, wrote this receipt for 30l.—he allowed me 6l. 2s. 3d. discount—he did not allow me 7l. 2s. 3d.—this, on the bill, is right; what he allowed me.
Cross-examineid. Q. You live at Seaford near Brighton? A. Yes.
ALFRED CROWHURST . I live at Bexhill, in Sussex—I had an account with the prosecutors—I owed them some money and settled with the defendant on 4th February in the present year—I paid him on that occasion,72l.11s. 1d. in cash, and he allowed me 2l.7s. 11d. discount
Cross-examined. Q. Have you your previous account? A. No—I paid in cheques and cash—it is put at the back of the bill what was paid—there was a difficulty about the sum of 5l. 2s. 6d.—I had not quite enough to finish the bill, and in the course of half an hour I gave Mr. Dean the 5l.—there had been no objection to the account about a Bum of 5l. 2s. 6d.—I cannot say but what it was all settled
Q. But was not there a sum of 5l. 2s. 6d. left open between you and the firm about some plate glass? A. That was settled preyioufr—I canoot charge
my memory as to there being an account for some time which remained open—there was 1l. short—Mr. Dean wrote to me respecling it, and I reserved it for him and told him of it on that journey.
MR. SLEIGH. Q. How long before was that? A. That was a journey before he called last time—I gave him the 1l.—I believe the old account I was settled entirely before the commencement of this one—there is no pretence for saying that he allowed me an extra 1l. when he allowed me the 2l. 7s. 11d.—I gave him a sovereign the journey before that.
ROBERT M'CLEAN . I am a partner of Mr. Robertson, who is conducting this prosecution—it is not conducted without my concurrence—I have been telegraphed for to come up to town—I was not down at Thrapston when the prisoner was taken in custody; I came there a few minutes afterwards—it is not true that I sat down and had refreshment with him, and shook hands with him in a friendly way.
Cross-examined. Q. But did not you shake hands with him? A. I am sure I did not; I will swear 1 did not—when he started to come away by the train he put his hand out, but whether I took hold of it or not I do not know—I am quite sure I did not shake hands with him—I did not meet him in Blackfriars-street since this prosecution has been going on; I met him in Holland-street, Black friars-road—I did not shake hands with him then, not when I met him—I do not know that I took his hand in the same way as before; I will not swear that I did not—I did not say to him, "Mr. Dean, wish you every success, you have my best wishes," nor anything of that sort—I said I was very sorry for his position; I did not say I wished him suecess—I did not shake hands with him when we met—I have dined at his house once; not more than once—I have been there three times; I was there once to supper—the last time I was there was last July; twelve months ago—I don't think I have complained of the way in which the business was managed; I won't swear that I have not—I have said something about going into partnership with the prisoner—I did not tell that to Mr. Robertson until this case came out—I have not mentioned it to other people besides Mr. Dean—I have never mentioned it in the presence of any of the other clerks that was going into partnership, or thinking of doing so, with Mr. Dean; I have talked about it with Dean privately—it was only in contemplation—I think that was several months ago—I went to Scotland in February—I have mentioned it to him then—it was the latter end of February that I mentioned it—that was just before he went on that journey—it was not necessary to mention that to Mr. Robertson—it was only in contemplation that if the firm did not carry out certain arrangements I should take a business myself—I did not tell Mr. Dean that I had 8,000l. in the firm, and that I would bring it out of the business, and bring it into business with him—I said I could get 8,000l.—Dean has often been at my house; dined there—we were very friendly.
MR. SLEIGH. Q. At that time, when he went to your house, had you every confidence in him, and believed him to be an honourable man? A. Yes—before the warrant was applied for, or the prosecution instituted, Mr. Robertson and I consulted and went over the accounts, and Mr. Robertson told me about the accounts and about the prosecution—when I met the prisoner in the neighbourhood of Blackfriars-bridge, I did not say to him, nor indicate directly or indirectly, that I thought he was improperly prosecuted, and wished him to be acquitted—I said I felt for his family very much.
as regards settling his accounts when he comes from his journeys, my duty is posting—this bill-book is in my writing—here is an entry of three bills; November 12th.
COURT Q. Do those bills come through the prisoner, or do any of them come direct from Webb? A. Through the prisoner, all three; in one remittance.
Cross-examined. Q. You have made a good many errors, have you not? A. Yes; that must almost necessarily be in a large establishment like this—I have not made a very great number of errors in the accounts which I have kept between the prisoner and the firm in the course of the last three years—I have made some certainly—I could not say now whether there was an error of 9l. 3s. 2d. in Hursford's account, or whether there was an error in Holden's account in July, 1857, or in Haley's account—I do not recollect them particularly—I may have posted goods to the wrong person; then they I have been found out, and I have generally sent an account of them to Mr. Dean on his journey—I could not swear that the errors did not amount to 300l. in the course of 1857 and 1858—they might have amounted to 500l. I would not swear at all that since 1857 to the present time, my errors, as I between the prisoner and the firm, do not amount to 1,000l.—I cannot say that this error in Nutt's account, 19l. 2s. 6d., passed through my hands—I should not think it did—there is a very' great deal of work done in this establishment—the gentlemen in the establishment are not overworked—they are very much worked—the prisoner has frequently complained of the errors made—he has not, to my recollection, complained that he was not allowed to go through the books, and examine the accounts when he handed them in.
MR. SLEIGH. Q. Bid you ever hear the prisoner complain that he was denied every facility of going through his accounts, and balancing them with what he had received in the country? A. Never—that was a proceeding entirely between himself and Mr. Robertson—I had nothing to do with that whatever.
MR. METCALFE. Q. Your's were merely entries, not receipts of money at all? A. That is all.
NOT GUILTY .
MR. SLEIGH, for the Prosecution, offered no evidence.
NOT GUILTY .
653. SARAH BARRETT (36) , Stealing 4 spoons, value 9s., 2 forks, and 2 dusters, value 1s., the property of William Peck, her master, to which she PLEADED GUILTY .— Confined Four Months.—There was another indictment against the prisoner.
Before Mr. Common Serjeant.
MR. LILLEY conducted the Prosecution.
ELIZABETH EWEN . I am the wife of Everett Ewen, of Tennison-street, Lambeth—the prisoner came to lodge at our house on 20th March last—he spoke to me in English—I do not understand French—he continued there
up to the 8th June—when he had been there two or three weeks he borrowed 5l. of me, and gave me a small memorandum, which he said was as good as the bank of England—he brought me back that 5l. and I returned him the memorandum—he said, "My father is a Frenchman, and allows me 50l. amonth"—he afterwards applied to me for a further loan of 10l.—that was about the middle of April—he paid me up to the first of April—he shewed me this paper; a bill—he said he had bills which would become due in June, and on the next day I lent him the 10l.—and he shewed it me several times after I had lent him the money—whenever I said anything about money he always said that he had bills coming due in June—this is the bill I saw—I have had it in my hands a dozen times, or more—I mean that he shewed it to me—he had it on the table among several other papers—on 8th June, about 11 in the morning, he came in in a great hurry, saying that he had come to pay his bill, as he was going to Paris—he was always very anxious about paying his bill—he said he wished to have it made up with all I had lent him, and he would pay all together—I called in Mr. Davis, a lodger, who has been in my house these six years, and the prisoner packed up his things—Mr. Davis made out the bill, and I gave it to the prisoner—he gave me this paper—I did not understand it, but, of course, there was nothing else to take—he proposed to pay me with this bill—the amount of my account was 21l. 0s. 9d.—14l. was for money lent, and the rest for lodgings and breakfasts—he said the bill was a genuine one, and he might be back from Paris and take it up before it was due, which was on the 3d—21l. was the amount, and 23l. was the amount of the bill—he wished very much to have the difference—he said he must have the balance to go to Paris with, as he could not go without money, and if the train was gone and he did not go he should be back that night—I said I could not give him the change, I had no money—he said he must have money to pay his fare to Paris, and asked Mr. Davis to be very particular to see what the balance was to come to him—Mr. Davis would not allow me to pay it—he said he bad had quite enough—the prisoner packed up his things and left the house for a few minutes, came back with a cab and took them away—he called on me again about half-past 10 the same night, for some linen which came home from the laundress, and I did not see him again till he was in custody. (The bill was here read: "Dated, London, 20th March, 1860: drawn by Thomas Foster, and Co. on C. H. Hunter, Pudding-lane, for 23l. at three months; to the order of Mr. Luxemberg, for value received; and accepted by T. and C. W. Hunter.")
Cross-examined by MR. SHARPE. Q. When did you see him in custody? A. A month ago last Sunday—it was eight days after—I was at the police-court—there was an interpreter there to interpret to the prisoner the evidence I gave—he paid me everything up to the 8th April, lodging and all expenses, like a gentleman—he was there from 20th March to 8th June—I did not suggest to the prisoner that he should give this bill—he said at first that he had not enough money to pay his bill, and I had no money—he took the bill from a pocket book, I think, but I am not quite sure, because he was in such a hurry.
MR. LILLEY. Q. Did the prisoner give any notice before leaving? A. Not at all; I was not aware of his leaving—he came back at night, but only into the passage—he did not remain—when he took the bill out of his pocketbook he gave it to Mr. Davis—I have seen him write, and know his writing—this is his writing on the bill—this "Accepted, C. W. Hunter "is very like his hand, but I would not swear to it positively—I cannot swear to his
writing—he pretends he cannot write English, but I have seen him do so, and I have seen directions on letters to Englishmen—I never saw him write a sentence in English—he told me in April that he could not write English—he gave me his name in writing—he speaks English very badly—he spoke it much better when he went away than when he first came.
EDWARD KEATING DAVIS . I am a civil engineer, and lived at Mrs. Ewen's house—on 8th June she came to me, and in consequence of her statement I went down stairs, made out the account, presented it to the prisoner, and told him that I understood he was going to pay it—he said, "Yes"—I said, "Mrs. Ewen has asked me to come down and settle the account for her"—he looked at it, and said it was perfectly right and he was perfectly satisfied—he took out his pocket-book, and presented this bill to me—I asked Mrs. Ewen whether the account was to be settled with a bill, and she left it to me—I said, "Who is Mr. Hunter, and where is he to be found?"—the prisoner said that he knew him to be a respectable gentleman, and referred me to the address on the bill—I made some demur about it—I told him I did not like it—I was rather suspicious—he said that he knew it to be perfectly correct, and I need not have any doubts at all about it—it was repeated over and over again that the parties were all respectable; the two firms—he did not know Mr. Foster so well as the other party, but said that he was respectable—he asked for the change, and I told him that I should advise Mrs. Ewen not to give him more money until she had something more satisfactory—I thought he had had money enough—he remained a considerable time, and said, "Well, if you do not give me the change out, I cannot go to Paris"—I said, "That does not matter"—when he found that I would not agree to his having the change, he said, "Then I must have my bill back"—I referred again to Mrs. Ewen, and said that she must keep possession of the bill, and she did so—I left him in the room—after some time he went out—that was 11 o'clock—he returned at 2—I then went to the Change for the purpose of looking after Mr. Hunter, and when I went down stairs, to my surprise I found the prisoner at the door putting his luggage into a cab, of which I took I the number unobserved by him—I then went to Pudding-lane to ask how it was, as it occurred to me that there might be lodgers in the house—I could not find Mr. Hunter—the cab was at the door at a little after 11, and the prisoner went away in it with his things—I saw him again the Sunday week following in custody—I gave information to the police—I had told him on the Sunday what I had done, and also other parties who followed me—I told him that I had been up and down Pudding-lane twice, and could find ✗ such person—he referred to the directory, but could find no such person—he shook his head a good deal, and seemed very much excited—the policeman questioned him and he gave his name.
Cross-examined. Q. When you went down stairs and presented this account the prisoner took his pocket-book out did he not, with the bill in it? A. Yes; he did not put it down on the table—I know a little about bills of exchange—it was an inland bill drawn up as this is—I do not know that foreign bills are drawn up in sets, which is not usual with inland ones—I was on the step and he was at the door when I looked at the number of the cab—he knew that I saw the cab—there are forty or fifty houses in Pudding-lane—they are on both sides of the street—I went to every door on each side—there is no other Pudding-lane in the direotory, and I could not hear of any other.
MR. LILLEY. Q. Have you ever seen the prisoner write? A. Never—I had never spoken to him before except merely passing the door—I have no acquaintance with him.
JOHN COOK (Policeman, S 198). On the morning of 17th June from information I received 1 went to 17, Wellington-street, Oakley-square, St. Paucras, and found the prisoner—I asked him to accompany me to 45, Tennison-street, York-road, Lambeth—we went there and I asked Mrs. Ewen if she knew the prisoner—she said, "Yes"—I asked her what the charge against him was—she said "Forgery"—I told him that he was charged with obtaining 14l. on a fictitious bill—he said the bill was a goodone and he would pay it tomorrow, and he had it from a man named Cohen, of 18, Bookham-street, New North-road—there is such a street—I asked him what he had it for—he said he had it to make money of—he wanted me to take him to Bookham-street, which I refused to do; but took him there the same night—Cohen was not there—we went again on Sunday night, and afterwards on Monday morning, and found he had absconded—I have searched after him on several occasions, but have not been able to find him—I inquired at No. 18—he gave me the number—my inquiries were always made at the same place—I took some papers from the prisoner; this letter (produced)—I do not know whose writing it is in—there is some writing in English here—he occupied the single room there, this letter was laid on the table, and the prisoner wished me to put it in the post—I did not do so.
Cross-examined by MR. SHARPE. Q. What day was it? A. 17th June, that I took him in custody—I found him at No. 17, Wellington-street, Oakley-square, St. Pancras—I found, from inquiries, that a person of the name of Cohen had absconded on the morning of the 17th—I asked the prisoner what he had the bill for—he said he had it for the purpose of obtaining money on it—that is all that he said.
MR. LILLEY. Q. Did you ask him any other question? A. No; I put no other question on that point, except what did he have the bill from Cohen for.
MR. SHARPE. Q. He asked you to go to Cohen's did not he? A. Yes; he asked me to take him there—I did not go.
COURT Q. Where did you take that letter? A. In Wellington-street. MR. LILLEY to ELIZABETH EWEN. Q. Do you know whose writing that is, on that letter? A. No, I do not—this, on the envelope, I should say is Luxembourg's writing—the acceptance of this bill of exchange is not exactly like his writing—this indorsement at the back of the bill is.
COURT Q. Have you any belief about the acceptance? A. No, I have not—the prisoner asked me to read a letter once and I attempted to read it, but I found that he could read it better than I could myself—he never had any difficulty in making me understand what he wanted, and I could make him understand what I wanted—I saw him that evening when he came back for the linen—Mr. Davis had not been back at that time, or else we should have had a policeman ready.
GUILTY of the Uttering. — Four Years' Penal Servitude.
JOHN EDENS . I am a brakesman on the Victoria Railway—five weeks ago I lived at 5, St. George's-terrace, Pimlico—my solicitor purchased for me, at an auction, the house No. 81, York-street, Lambeth; but I could not get possession, and brought an action of ejectment—I succeeding in getting a verdict—on Friday, 15th June, I went there expecting to find a servant of
mine, or a policeman in the place—the shop was shut—I walked on the other side of the street first, and Mr. Bird told me that the premises were locked up—I borrowed a crow bar and went to the shop door and endeavoured to get in with it—before that I saw the defendant on the side wall, flourishing a stick—he said the first man that went into the house he would break his head with that stick—I said, "I must chance it," and got the bar partly in the door—he then threw part of a brick at me off a fan light above the door—it just touched me and that was all—a second was then thrown, and I do not believe that touched me; but a third did, and struck me very heavily on the eye, and cut my face, and laid my cheek open—the blood flowed—it hurt me, and I was obliged to leave the front door in consequence—I cannot say that I saw the defendant at the fan light—I was close under the door—I was not able to get into the premises—it was about half a brick.
Cross-examined by MR. MCDONNELL. Q. What are your wages? A. 4s. I a day—I have been there about eighteen months—the defendant's shop was bought on my behalf—35l. was paid for it—I have seen the outside of it—it is a good sized shop—I cannot tell how many rooms there are, as I did not go inside—I went with my solicitor, Mr. Burrell—I did not threaten to break the defendant's head at any time—my solicitor did not tell me, in my hearing, to punish him when I got inside, but not to kill him: nothing of the sort—he had a riding whip; a whip stock—I borrowed the crow bar at a blacksmith's, and a sledge hammer also—I noticed that the fan-light was broken—there was a pane out—I did not threaten to have the defendant's life—there was so much noise that my solicitor might have said anything twenty times without it being heard—I did not hear the defendant say "I am here under a writ of possession by the sheriff, Mr. Searle"—I have seen Mr. Searle, the sheriff's officer here, ✗ nothing of the sort was said in my hearing—I borrowed the crow bar to get into the house—my solicitor said, "You cannot get in," and I said, "I will get in," and I believe I asked him if he knew where there was a blacksmith's shop—I should not have borrowed the crow bar and sledge hammer if I had been by myself—I have known my solicitor several years—I gave him instructions to buy this property, a bit before Christmas—I had never seen it, and I do not think he described it to me—he understood it better than I did; he knew I did not understand it—when the prisoner was on the wall, I did not see him again until I returned with a policeman and found him on the wall—the brick fell through the fan-light which was three or four feet above my head—I saw no hand through the fan-light.
GEORGE MILLER (Policeman, L 20). On Friday, 15th June, I was at this house, 81, Vauxhall-street, Lambeth, and saw the prisoner standing on the wall at the rear of the house flourishing a stick in his hand, and saying that any one who attempted to come in he would beat their brains out—I saw Mr. Edens afterwards at the door trying to get in—the defendant was over the door at the fan-light and asked him what he was doing there—he said he was coming in—the defendant said, "If you do not leave off, I will drop this on your head"—that was part of a brick or a stone—Mr. Edens still continued trying to get in, and he dropped it—it hit him on the hat—he then dropped a second which did not hit him, and a third which hit him on the face and caused a wound which bled, and his eye became black—I advised him to come away from the door, and he did so.
Cross-examined. Q. Were you present when Mr. Edens went up the first time? A. Yes; they spoke to each other, but the prisoner was inside
and Edens outside—I surmised that it was the prisoner who was speaking—the prisoner did not say to me "These are my premises, and I am here under a writ of possession by the Sheriff"—I do not recollect hearing any thing about a writ of possession—I heard Edens say that it was his houseand he was to go and take possession—he then took the crow bar and placed it between the two folding doors and prised them open sufficiently to get the handle of the sledge hammer in—the prisoner did not then say, "I warn you; this is my house; I have it under possession from the Sheriff; go away or I will drop this on you"—I heard him tell him to leave off or he would drop it on him—I have known the prisoner ten or eleven years—he is a hard working man—I never heard anything against him in my life—he is not a violent man—I saw Mr. Burrell there—he had a whip stock and was standing at the side of the door—I did not see him do anything—I believe it was the handle of a hunting whip.
JOHN ENGLAND (Policeman, L 144). I was at these premises and saw the defendant at the fan-light, and Mr. Edens at the door—I saw the defendant drop a half brick or a stone, which struck him on the hat; then a second one which did not strike him, and a third which struck his face as he was looking up, and caused the blood to flow.
MR. MCDONNELL called
MRS. SARAH MURPHY . I live at 50, Tyer's-street—I have moved there from Vauxhall-street; next door to Mr. Heath—on 15th June, I was at my door, and saw Mr. Edens and Mr. Burrell—I heard Mr. Burrell say, "Do not quite kill him, but nearly;" making use of a very improper word—Mr. Edens said, "I will not quite, but I will nearly do for the b—"—I cannot say whether the defendant could hear it—Mr. Edens was then breaking the door with the crow bar.
Cross-examined by MR. POLAND. Q. Have you known the defendant some time? A. I have lived next door nine months; but never spoke to him—I do not know Mrs. Heath; not to speak to her—I believe there were two policemen there when this was said—I saw a hand at the fan-light when this was done, and they say it was Mr. Heath's—what Mr. Burrell said was, "Do not quite kill him, but nearly," and Edens replied, "I will give it to the b—, when I get there"—I was there when the bricks came out; but did not see the one that came on Mr. Edens—I was passing with a pint of beer for my luncheon.
MR. MCDONNELL. Q. I suppose your attention was directed to this matter by the conversation you have told us of? A. Yes.
MR. POLAND called
EDWARD BURRELL . On 15th June I met Mr. Edens by appointment—I have heard his examination—I did not make use of the expression, "Do not quite kill him, but nearly"—he was going towards the door, and there were twenty or thirty people there—some woman said, "The first person who goes into that house he will kill them;" and I said, "Nonsense about killing, you must protect yourself; but whatever you do, do not kill him at all eveats;" but as to saying I would do for the b—, I consider it hateful to make use of such a word—what I said was in joke, because it was so absurd—I do not think Edens heard me—he did not say a word—I heard the expressions that the defendant used on the wall.
Cross-examined. Q. Had you a whip with you? A. A whip stock—I did not tell Edens to get a sledge hammer—he said the house was closed, and somebody must be got to open the door—I said, "Get something to open the door," and most likely I said a crow-bar—I took a loaded whip
with me for two or three purposes; first to knock at the door, there being no knocker—I have carried that whip stock two or three days—I have not got it to-day—it is the handle of a hunting whip—I went with him to borrow the sledge hammer—I really do not recollect from which of us the suggestion came—the woman said, "Heath is at the door, and he will kill the first person who attempts to enter"—I turned round and laughed at the idea, and said, "Whatever you do protect yourself, but do not kill him"—it was a sort of joke—the man was excited—he stood on the wall with a very ugly jagged stick like a Turkish thorn—there were two policemen there.
MESSRS. METCALFE and POLAND conducted the Prosecution.
GEORGE COLE . I am store-keeper at the Lambeth workhouse, and was so on 10th April last—Messrs. Waters and Steel, millers, of Blackfriars, have been in the habit of supplying the workhouse with flour—it was delivered in their own sacks, which, after they were emptied, were fetched away when the other load came—that was the usual custom—they wera fetched by our own carman—on 10th April we had at the workhouse 162 sacks belonging to Messrs. Waters and Steel—on that day I saw the prisoner there—I first saw him on the pavement outside the flour loft door—he then came up the eteps into the loft, and said he came from Messrs. Waters and Steel for some flour sacks—he then began taking them up from the floor and weighing them—during that time I asked him if he was one of Waters and Steel's men—he said he was—there was a horse and cart at the door, and I said to him, "Is that Messrs. Waters and Steel's horse and cart?"—he said, "Yes, it is"—he then went on weighing the sacks till he had finished them—I then said to him, "You are a stranger to me, you may as well sign a receipt for the sacks"—I drew out this receipt (produced) and he signed it—I did not know the prisoner at all—I knew his brother, but I did not know it was his brother till afterwards—he was in the employment of Mr. Ward the flour contractor—he was in the habit of coming with loads of flour—upon this receipt being signed, "Henry Woodman," he took the 162 sacks away—almost all the sacks were branded with the name of Waters and Steel—there might be five or six that were not—I should not have parted with those sacks if I had known that the prisoner was not in the employment of Messrs. Waters and Steel—about a fortnight after this Messrs. Waters and Steel sent for some empty flour sacks—we had about five or six empty sacks which we could not let the prisoner have, as they were full of wheat at the time—inquiries were then made—about six weeks afterwards I went, with an officer named Hudson, to Mr. Weston's—he is what is called a sack collector—when the gate was opened I saw the prisouer in the yard—I said to him, "I suppose you know me again?"—he said, "No, I dou't know that I do; I don't recollect you"—I said, "Don't you recollect coming to Lambeth workhouse for some empty sacks?"—I am not certain then whether he made any answer or not—I then produced the receipt and asked him if he recollected it—he said, it was not his; he did not know anything about it—I am quite sure that he is the man—he did not pay me anything.
Cross-examined by MR. RIBTON. Q. You are not quite sure he said the receipts was not his? A. Ho said the receipt was not his; he did not know anything about it—I swear that.
COURT Q. Did you show him the paper? A. Yes—I said, "I suppose
you know this," or "You know this again"—I am not positive about the words—I think the words were, "Do you know your signature"—he said that he did not know it, and Mr. Weston sent him into the ward to get another receipt of his to compare them together—to the best of my belief he said it was not his.
MR. METCALFE. Q. Are you quite certain that he said he did not know you? A. He said he did not remember me again—he said he had not been there.
JOHN HART . I am the baker at the Lambeth Workhouse—I was present when the prisoner came on 10th April—I am sure he is the person who came on that day—he came in and I asked him what he wanted—he said he had come from Messrs. Waters and Steel for some sack—I said, "How long have you been with them?"—he said, "I have been with them some time now"—I said, "You are quite a strange hand here; I have never seen you here before"—he said, "I might have been here and you not have seen me perhaps"—I said, "That might be; I don't know"—he said he wanted the sacks—I said, "I suppose you must have them"—I said, "Is that Messrs. Waters and Steel's cart?"—he said, "Yes"—I said, "That is a very funny cart for them to send out; it looks more like a cat's meat cart"—it was a curious cart—he then went up into the loft and took away 162 sacks—the store-keeper was there—the prisoner did not pay me anything or Cole—I did not ask for anything—he did not mention the name of Weston at all—it is always a rule when a fresh load of flour comes, to take away the empty sacks—I don't receive anything on the sacks—I have been there six years and a half—ordinary bakers at shops and workhouses receive an allowance of 2d. a sack when they are returned—that is not so with me.
Cross-examined. Q. Have you received 2d. a sack? A. No—in other places it is customary in the trade—sometimes they don't pay you at the time—it has never happened so with me.
JOHN HUDSON . (Policeman, H 112). I went on 23d May with Mr. Cole to the prisoner's master, Mr. Weston—he was in the yard with his master—Mr. Cole pointed him out to me and said, That is the man who had the sacks from me"—I did not say anything to the prisoner—I said to his master, "Your man, Ward, is identified as the man who obtained these sacks from the Lambeth workhouse"—he said "Is that so, Ward"—the prisoner said, "No, master"—Mr. Cole produced that receipt—I can't say what was said with regard to that—(Read: Lambeth workhouse, 10th April, 1860, received 162 sacks: weight—. Signed George Cole and Henry Woodman.)
JAMES ALEXANDER . I am clerk to Messrs. Waters and Steel, millers, Holland-street, Blackfriars—they had a contract to supply flour to the Lambeth Workhouse—it expired on 25th March, I think—our men are in the habit of bringing back sacks from that workhouse—I think the contract was for six months, and during all that time they have brought back sacks—I did not authorise the prisoner in any way to fetch them or Mr. Weston—I afterwards sent our own man, and they found that the sacks were gone—the prisoner brought a quantity of sacks on the 11th and 12th—I paid him as from Mr. Weston—he was the collector—I paid the prisoner on the 11th two sums of 1l. 11s. 3d., and on the 12th 16s. 3d—two separate lots of 300 each on the 11th, that is 3l. 2s. 6d., and 78 on the 12th—that is 2 1/2 d. on each sack—supposing these 162 to have been among the sacks which the prisoner delivered, I paid 2 1/2 d. on each—that is the usual practice—2d. is paid to the baker, and there is a halfpenny profit for the collector—
they are supposed to be collected from the bakers—I can't tell whether the sacks from the Lambeth Workhouse were among the 300—the prisoner gave me receipts for these sums of money, signed "Henry Ward"—I believe this signature "Henry Woodman" is the same writing—I know the prisoner as I coming from Mr. Weston—if I had seen the name of Ward on the receipt given at the workhouse I should have known at once to whom it belonged.
Cross-examined. Q. How long have you known him? A. He came to Mr. Weston's since last Christmas—Mr. Weston is a collector of our's—we are flour merchants—we have three or four collectors—it is a race between the collectors to get our sacks—each collector is anxious to get as many sacks as he can—when the servant of the collector goes to a baker and gets some sacks, he pays 2d. for each sack delivered, and in the ordinary course of business he brings the sacks home to his master—a collector at the end of the day may have three or four servants come home with sacks, and they are then all put together—the prisoner had often come from Mr. Weston's—I had paid him money before in the same way for Mr. Weston—we might have a thousand sacks come in on Saturday—we always have more at the end of the week—there was nothing suspicions in the number that the prisoner brought—we are in the habit of paying as soon as they come in.
MR. METCALFE. Q. The sacks are all branded, I suppose. A. Yes—if I had known that these sacks had been brought from Lambeth workhouse, I should not have paid the money for them.
WILLIAM EDWARD WESTON . I live with my father who carries on business as a sack collector—the prisoner is in our employment—he collects sacks for my father occasionally—the custom was to bring them in, and we paid him money upon them—on 18th April he brought in 300 sacks—we paid him 2d. on each sack—he said nothing to me about bringing the sacks from Lambeth workhouse, if he had I should not have paid him 2d. each—I gave him no directions to go there—the sacks that he brought were sent to Waters and Steel the next day, and we received a halfpenny each upon them—we gave the prisoner a shilling a hundred on the sacks—besides that we paid him 18s. a week.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes; and my father also—he knows more about the practice than I do—I never collect, nor does my father; he used to—if I had been going by the Lambeth workhouse, I should not have called for sacks without authority—I had no directions not to go—I should have gone if nothing was said to me on the subject—I have never been there—sometimes the money is received from Waters and Steel before it is paid to the bakers—it is sometimes paid to the bakers the next time they go round—I do not know whether we collect for other workhouses—we don't ask the collectors where they have been—it is a race to see who will get them—sometimes one collector's man gets them, and sometimes another—I do not know that the baker at the Wandsworth workhouse used to have the twopence for the sacks—my father would know—the prisoner, on the 11th April, took 300 sacks from my father's to Waters and Steel—when we send sacks away they are entered in a list—I have not the list here—he brought us back some money on the same day—I can't tell the amount without looking at the book—he brought back the proper amount—I don't know what money was paid him, without looking at the books—I have not got them here.
MR. METCALFE. Q. Do you remember that you paid him 2d. on each sack that he delivered to you? A. 2d. on every sack he collected—we should not have paid him the 2d. without knowing that he had paid it or
become liable to pay it—if I had gone to Lambeth workhouse I should have gone there as coming from Mr. Weston's.
WILLIAM WATERS WATERS . I am a member of the firm of Waters and Steel, millers in Holland-street, Blackfriars—I don't know the prisoner—I may have seen him—he was never in our employment—he was never authorized by me to collect sacks from the Lambeth workhouse—I should not have authorised the payment of 2d. if I had known that he came from Lambeth workhouse.
MR. RIBTON to WILLIAM WESTON. Q. Do you in point of fact recollect, without looking at your books, whether you paid any money at all on that day, or the sum you paid out? A. No—I don't know to how many other collectors I may have paid money on that day—we always paid the collector 2d. a sack—it was a matter between himself and the baker as to whether he paid him the 2d. before or after he received the 2d. from us.
MR. METCALFE. Q. If you had not paid the 2d. to the prisoner, would you have charged Waters and Steel for the sacks? A. No.
The prisoner received a good character
GUILTY—Recommended to mercy by the Jury. — Confined Two Months
Before the Lord Chief Baron Pollock
657. EDWIN JAMES MAY (18), and THOMAS MOORE (19) , Burglariously breaking and entering the dwelling house of John Bolton at Bermondsey, and stealing therein 1 coat, 2 pair of boots and other articles value 4l. his property; also, Burglariously breaking and entering the dwelling house of William Hover, and stealing therein 1 time-piece, and 1 pair of boots value 1l. 7s., his property; to which they
PLEADED GUILTY .— Confined Eighteen Months each.
MESSRS. POLAND and METCALFE conducted the Prosecution.
JOHN GARDENER . I have been for some years employed as a senior clerk in the General Post Office—the prisoner was a letter carrier employed in the Southern district, Westminster Bridge Road—on 28th June I made up what is called a test letter, in which I enclosed two half sovereigns, fastened in slits on a card, in the ordinary way, and secured them with some adhesive paper—I addressed the letter to Miss Huggett, 70, Charlotte-terrace, Blackfriars Road—that was a real direction—there is a Miss Huggett of the age of seven years, I believe—I gave the letter to Willis Clare, one of the inspectors of letter carriers, with directions to post it, at the Southern district office—Mr. Huggett had been previously communicated with, and the letter, if posted should have arrived at that address, about 2 o'clock—in consequence of information which I received, I went to the Southern district office about half past 4, when the prisoner would return from his 4 o'clock delivery—he was brought to me in a private room, and I asked him what walk he was on—he said Stamford-street—I said, "Did you make the one o'clock delivery on that walk to-day?"—he said, "Yes, I did"—I asked him if Charlotte-terrace was in his delivery—he said, "Yes"—I asked him if he knew anything of a money letter addressed to Miss Huggett, 70 Charlotte terrace—he said, "I do not; I know Huggett's very well; they I keep a coffee shop"—I directed Bingham, a policeman who was with me, to search the prisoner, and saw Bingham take from the prisoner's pocket 14s.
in silver and some copper money, and the piece of card in which I had enclosed the half sovereigns, but no gold—I asked the prisoner where he got the card from—he said, "I do not know"—I said, "Then I will tell you where it came from; it came out of the letter addressed to Miss Huggett"—I this is it (produced)—here is my initial "G" on it—I cut that piece of card from this other piece, which I now produce—the writing is continued from the one piece to the other—it is lithographed I think; and besides that, I here is my private mark on the card and also the officer's initials—here are the marks on it where the money has been placed in, and here is a portion of the adhesive paper—I gave the prisoner in custody—the money I enclosed was the money of the Postmaster General—I believe a letter becomes his property when once posted.
WILLIS CLARE . I am inspector of letter carriers to the General Post Office—on 28th June I saw the last witness make up a letter addressed to Miss Huggett, 70, Charlotte-terrace—he gave it to me and I posted it at the Southern district office, at ten minutes before one—it was fastened up.
WILLIAM EDWARDS . I am inspector of letter carriers in the Southern district office—the prisoner was a letter carrier in that district—in conesquence of a communication to me, I noticed a letter directed to Miss Huggett, 70, Charlotte-terrace—I kept it in my possession till a quarter to one, and then placed it with other letters, and put it on the writing-desk in front of the prisoner, that he might sort them—I put a great quantity in front of him so that nobody should have occasion to take any from his desk—he was a sorter as well as a carrier—I am quite sure that this letter, was sorted by him; I kept my eye on him the whole time—he left the office with his letters at half-past one; he ought to have delivered the letter about 2 o'clock—when he had finished that delivery he was allowed to go about his business till four o'clock, when he would have to collect another delivery.
CHARLES HUGGETT . I keep a coffee-shop at 70, Charlotte-street, Blackfriars-road—on 28th June I was expecting a letter, and saw the prisoner pass my door at a quarter before two—he left no letter at all at my house—I have a daughter five months old—she is the only Miss Huggett—I communicated with the authorities on the same day, after seeing the prisonerpass.
HENRY BINGHAM . I am an officer attached to the Post-office—I was with Mr. Gardener on 28th June, and heard him ask the prisoner the questions he has deposed to—I then searched the prisoner and found on him 14s. 63/4d., and in his right trousers pocket this piece of card, with some money, some nuts, and a piece of paper. GUILTY .— Confined Eighteen Months.
Four Years' Penal Servitude.
MR. POLAND conducted the Prosecution.
THOMAS HODGE BOYLE . I am a chemist at Bermondsey—on 1st June I was in my back room, about 7 o'clock in the evening—I was called into my shop and found the prisoner there—there was a half-crown on the ledge on the counter—I inquired what he wanted, he said two ounces of salts, which he had previously asked for—I handed them to him—the price was 1d.; I took up the half-crown and found it was bad—I walked round the counter and went to the door to look for a policeman; one came in about twenty minutes, and I gave the prisoner in custody, with the half-crown—the prisoner had previously offered to pay for the salts—I went before the Magistrate—the prisoner was discharged on 5th June.
WILLIAM GREEN (Policeman, 533, M). On 1st June the prisoner was given into my custody—Mr. Boyle gave me this half-crown; the prisoner was taken to the station—he told me that he took the half-crown in the street—I found on him 4d. in copper—he gave the name of William Cadman—he was discharged on 5th June.
ROBERT LARGEN . I am a general dealer at Rotherhithe—on 18th June the prisoner came about 10 o'clock in the evening for half an ounce of tobacco—my wife gave him the tobacco and he gave her a 2s. piece—she put it into my hand directly and I gave the prisoner 1s.10 1/2 d. change—before he was out of the shop I examined the 2s. piece and found it was bad—the prisoner stood before the door and I said, "Come back my friend, this is a bad one"—he ran out of the shop and was brought back shortly afterwards by a constable; I am sure he is the man—I had given him in change a shilling, a sixpence, and 4 1/2 d. in copper—I gave the 2s. piece to the constable.
ROBERT FREESTONE (Policeman, 67, M.) On 18th June I was on duty in Parker's-road, Bermondsey—I saw the prisoner running, pursued by some boys; I stopped him and took him back to Mr. Largen's—I received from him this florin—I asked the prisoner what money he had, and he handed me two sixpences and 4 1/2 d. in copper; he said that was all the money he had—I searched him and found on him a shilling, a sixpence, a threepenny piece, and 5 1/2 d. in coppers, and half an ounce of tobacco—he gave his name William Payne.
DUNMORE PLEADED GUILTY .— Confined Twelve Months.
MESSRS. POLAND and SHARPE conducted the Prosecution.
ELIZABETH DODSON . I am the wife of William Dodson, he keeps a beershop in Bermondsey—on 2d July the prisoners came to our house and Dunmore called for a pint of half-and-half—I drew it and he gave me a florin to pay for it—I put it to my mouth and found it gave way—I bit it again, and I threw it back and said, "This is a bad one"—Dunmore put himself in a fighting attitude, and Slee said, "I know where we got it; I will go to Jemmy Wales, do you know him?"—I said, "No, I do not"—Dunmore said, "Let me have the pint of half-and-half and I will pay you"—I put it on the counter and he paid me two penny pieces and a half-penny—
he had said before that he had a florin and twopence, but he said, "Twopence will not pay 2 1/2 d."—I had bitten that florin and made two holes in it—I should know it again; this is it.
JOHN ELIAS BROOKS . I am superintendent of the Royal Porter—on the night of 2d July the two prisoners came in together about quarter-past 11 o'clock—Slee asked for a pint of porter—I served him, and he gave me in payment a florin; I was very dubious of it; I did not like the look of it—I tried it and at last I put it in the till and gave him change—I went and sat down in the parlour, and soon after I received from my bar-maid a counterfeit florin; she said it was bad, and that she had taken it of Dunmore who ran away—I ran after him and brought him back—I looked in my till and found a bad florin there—I cannot tell which of these it is—I did not mark them—I put them both on a shelf and afterwards gave them to the policeman—my son afterwards picked up two florins where the two prisoners had been standing—Slee afterwards went in the parlour and we were obliged to get a policeman to get him out.
Slee. I did not give him any bad money. Witness. It was you gave me the 2s. piece.
MATILDA KENNINGHALL . I am bar-maid at the Royal Porter—the prisoners came there, and after they had been there drinking Dunmore asked for gin and bitters—Slee was in the parlour—I served Dunmore and he gave me a bad 2s. piece—I gave it to my master—I did not see any toothmarks on it.
JOHN ELIAS BROOKS , Jun. I am the son of John Elias Brooks—on Monday night, 2d July, I got home about a quarter before 12 o'clock—the prisoners were then gone—I picked up two florins on the floor; they were wrapped in a piece of paper—they were on the spot where they told me the prisoners had been standing—neither of them have a tooth mark on them; I gave them to the officer.
Slee. I had no money, neither good nor bad.
SLEE— GUILTY .— Confined Twelve Months.
Before Mr. Justice Crompton.
MR. METCALFE conducted the Prosecution.
ROBERT BELL (Police-sergeant, P 39). I have been in the force seven years—I was on duty at the Crystal Palace, on Saturday, 9th June, in plain clothes—I had three constables under me; they were also in plain clothes—there was a fancy-fair there that day, for the Warehousemen's and Clerks' Schools—there was a great number of people there—the fair was held in the centre transept, in the large open part, in the centre of the place, right opposite the great orchestra—I know Lady Emily Peel's stall—it was on the right as your back was towards the grand orchestra—the fair was before you—there were two openings to the fair, one to the right and the other to the left—Lady Peel's stall was at the further end of the right-hand entrance—I saw the prisoner that day—I first saw her about ten minutes or
a quarter after 4—I saw her in front of Lady Peel's stall—from the manner in which I saw her moving about, ✗ her, and watched her—I saw her go up to the stall, and, after looking at several articles, she took hold of this D'oyley, which was pinned to the stall—she drew the pin out, and on a lady coming round in front of the stall to replace some articles, she happened to come close up to the left hand side of the prisoner, and the prisoner replaced the pin again in the D'oyley, and attached it to the stall, and as soon as the lady had turned her back to go round the counter again the prisoner took the pin out, and took the article, crumpled it up in both her hands, placed it somewhere in front of her dress, and, turning round, she walked about ten or a dozen yards, and on returning again to near the centre of the stall, there were two or three pairs of gloves or mittens—the prisoner then took this pair and placed them in her dress in the same manner as the D'oyley, and I believe in the same place—she then turned round and walked towards the orchestra—when she arrived at the outside of the fair, she took a piece of paper from her reticule, and in the piece of paper she rolled these articles up, and put them in her reticule—she then turned towards the north end, and I spoke to Stephen Baldwin, whom I found just outside the fair—he had been with me before, but we had left each other about a quarter of an hour before—he was not watching with me—I spoke to him, and directed him to follow me, and we went up to the prisoner—I stopped her, tapping her on the shoulder—this is the article I spoke of; this is not the piece of paper; this is the reticule—I had seen her take a piece of paper from her reticule, roll the articles in it, and place the paper in the reticule after she had rolled up the articles—when I went up to her, I asked her what she had got in the reticule—she said, "What I have got there is my own property"—she had not taken them out of the reticule then—I said, "Where did you get them from"—she said, "I bought them"—I asked her where, and she said, "In the bazaar"—I told her I was a sergeant of police, and she must consider herself in my custody—I said, "You could not have bought them, I saw you take them off a stall; come back, and show me the stall where you did buy them"—she said, "For God's sake don't take me back; I will tell you the truth about them"—I said, "What is that? you have told me one story"—she said, "I picked them up there" pointing to a spot within about twelve feet from where she was standing—I said, "You could not have picked them up there, for I saw you myself take this from off the stall of Lady Emily Peel"—she then said, "O, my God, what shall I do? I will give you any amount of money if you don't take me—I will leave you my gold watch and chain for the worth of the articles"—I said I could not take anything; I must do my duty, and take her to the station, which I did—Baldwin heard the conversation, every word—he went to the station with me—when I saw the prisoner unpin this article it was on the left-hand corner of the stall—the prisoner was between 40 or 50 yards from that stall when I stopped her—I had never lost sight of her during that time—she did not pick up anything while I was following her—she never stooped from the time she left the stall, until the time I took hold of her—I am quite sure that there was no one at that part of Lady Emily Peel's stall who could have shown her the things—I took the prisoner to the station, and then to the Norwood station—I took the reticule from her and opened it in the palace—I found these articles rolled up in paper in the reticule—when she was taken to the station there was a gold watch and chain found—the chain was on her neck and the watch was in her pocket—I saw a purse with two shillings, a sixpence, and two railway tickets in the porte-monnaie—that was all the money I saw—she gave her name and address correctly.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Did she mention that her husband was a clerk in a banking-house? A. Yes, and that he was in the building—she never mentioned her mother or any woman till she got to the station—she then told me she was to be found somewhere near where she was standing, and I found her mother-in-law near the grand orchestra—that was close by where I stopped her—I did not find her husband also—I did not see him that day—he did not come to the station as I know of—Baldwin heard all that took place—he was not exactly under me—he belonged to one subdivision—he accompanied me to the station—I cannot say that he heard all that took place—he was not present all the time—he was not present when I gave the prisoner in charge to my inspector—he had then gone back—the purse was in the reticule—the paper was a greasy piece of paper, and it got torn; it appeared as if it had wrapped up some beef, or something of that kind—there was also a small tumbler—I have been in the police seven years—I have been a sergeant two years and nine months—I was before a tailor in Charles-street, Westminster,—I was my own master—I was close to the prisoner when she unpinned the D'oyley—I was close to her; looking over her shoulder—I was able to see distinctly what she did—she first unpinned it, and when a lady came round she pinned it again—I don't know that that lady is here—there is no lady here who came round at that period, and who can confirm that part of my story—I mentioned that circumstance to Lady Peel—I was doing my duty in looking over the prigoner's shoulder—I believe I am the prosecutor in this case, so far as I must do my duty—I had an idea that the prisoner was stealing at the time, but I did not stop her—my object was to follow her to see that she did not give it to anybody else—I know she had not bought the articles—I did not seize her and take them from her—I had an idea that when people come there they come with a companion, and if she had given them to anybody else I should have taken her and the person too—I wanted to take two instead of one—I did not charge the prisoner with stealing the purse.
Q. On your oath did you say that you had heard that a gentleman had his pocket picked of a purse with just that amount of money in it and two railway tickets? A. Not till I was at the Norwood station—a gentleman came into the station and said his niece had had her pocket picked of a porte-monnaie, containing two shillings, a sixpence, and two railway tickets—he gave his card—I put it in the porte-monnaie when I came here—I have not been to the place, nor inquired about his niece—I did not say at the police-station "I know a gentleman who had his pocket picked of a porte-monnaie containing 2s. 6d. and two railway tickets"—I said at Norwood station "This is a very strange thing, a gentleman says that his niece has had her pocket picked of a porte-monnaie"—I asked the prisoner how much money she had got in her porte-monnaie; she said she could not tell—I then said, "A gentleman says that his niece has had her pocket picked, and her purse or porte-monnaie contained 2s. 6d. and two railway tickets"—I then asked her how she could account for that purse—she said "It is my own purse"—I did not believe her—I have had the purse in my possession ever since—I have not been to the gentleman to show it to his niece—I showed it to him at the Norwood station, and he said from the appearance he believed it was his niece's—I have had it in my possession—I have not inquired for the niece and taken it to her for the purpose of knowing whether it is her purse or not, because the gentleman left the Norwood station and went to the building again to look for his niece for her to come back and identify it—he went back to the Crystal Palace station
about 9; I have not seen him again—I saw the prisoner so close that I could not make a mistake—I don't believe I have made one or two mistakes as to the mode in which she took the property—I had said on the first examination that the article was pinned, and I was asked by Mr. Elliott, the Magistrate, to describe exactly what I saw—I have no recollection of saying that I wanted to amend my evidence—I believe I did not say I wanted to add to my evidence or to amend it—I will not swear I did not ask to be permitted to amend my evidence—on the first occasion I said I saw her take it, and Mr. Perry, the Magistrate's clerk, said, "How did she take it"—I said by unpinniug it—the statement I wanted to correct was that I saw her take it—I said that without mentioning the pinning or unpinning at the moment—I did not say I saw her snatch it—it was about half way through the case that I asked to be permitted to correct my statement—Lady Emily Peel was not examined on the first occasion—I was asked on the first occasion why I did not mention the unpinning before—I have no recollection of asking on the second examination to be allowed to correct my evidence—I won't swear I did not—I did not pull her purse out of the reticule before I got to the station—I did not take the purse out at any place; she gave it me out—I said, "Have you not got anything else in your pocket"—it was in her reticule at the orchestra, and she took it out of the reticule and put it into her pocket—I know it was in her reticule because I saw her take it out—she afterwards gave it me out of her pocket at the Crystal Palace station—I said the reticule contained a greasy piece of paper and a purse—I meant that it was taken out at the Crystal Palace—when she took the purse out I did not say, "I know who that purse belongs to; it belongs to some one else"—I did not say I knew who it belonged to—I did not know that it was not her own property—I did not say I knew to whom it belonged—it was at the Norwood station that the gentleman came in who told me about the purse—the gentleman was not confronted with the prisoner—Sergeant Marsh heard the gentleman make that statement, I believe—I believe Baldwin heard it; he was near enough—I did not say to the inspector "Here she is; we have got her at last"—we went into a private room at the palace—I examined her handkerchief; I did not make any charge about that because her name was on it—she was handed to the female searcher at the Norwood station—I did not say to the female searcher, "I know she has several purses about her; for I have seen her pick several pockets"—I did not say I knew she had several purses upon her—I did tell her in Sergeant Marsh's presence to be careful, as from the manner I had seen her moving about the crowd I suspected she had got some other things about her—I never mentioned watches neither in presence of the female searcher nor Marsh—in alluding to her own watch I might have mentioned something about a watch, but not of her stealing a watch—I said to Marsh "She offered me her watch and her chain and her earrings"—and she offered them to Marsh also—I swear I heard her offer them to Marsh—I might have said "She may have other purses about her"—to the best of my recollection I did not—I don't believe that I said she had several other purses—Marsh was of the same opinion as myself; he told the female searcher to be very careful—I never mentioned a word about the purse till the gentleman told me about his niece—I don't believe I said in presence of the female searcher and Marsh that she had other purses about her—I don't believe I did or that I did not—I can't say one way or the other.
Q. Upon your solemn oath did you not say something to that effect that
she had got other purses upon her? A. I said I believe after the gentleman had told me that she might have other parses about her—I might have said so; I believe I did—after the gentleman told me about this I said, "Be careful how you search her; she may have other purses about her"—I might have made the remark at the time—I took the purse from her at the Crystal Palace after I came out of the Crystal Palace station—I believe she had a false pocket in her crinoline, and I directed the female searcher to be very careful about searching her—I might have mentioned the crinoline—I won't be certain—to the best of my belief I said she had a false pocket under her dress—Marsh is here, and he heard what the gentleman said, and he also heard the offer about the watch and chain—he was sergeant at the station—when he was taking the charge I did not say to him that I had seen the prisoner pick three or four ladies' pockets, and that I believed she had several purses secreted about her—I said that from the manner in which she was moving about the crowd, before she took the articles that I suspected she had picked two pockets—I did not say three or four pockets—I did mention ladies—I had been standing opposite Lady Peel's stall about an hour and a half—the prisoner did not come in front of me—I saw her before she came up to Lady Peel's stall'—I did not say that she had come down pretty early in the morning to the Palace—I had not seen her in the previous part of the day—it was a little after 4 o'clock when I first caught sight of her—it was just before she got to the stall of Lady Peel that I noticed her manner—her dress was so different from others—I noticed her because she was dressed so shabbily; that was what called my attention to her—she had a brown straw bonnet on, and a Paisley shawl; green and blue faded—there was a mixture of red in it—she had a dark silk dress, very old—I am not positive that I said she bad a false pocket in her crinoline—I did not say to her while I was with her in the Crystal Palace "I have had my eyes upon you the whole of the day; you were down pretty early"—nor nothing to that effect—I never said anything of the kind at the Crystal Palace, nor anywhere.
MR. METCALFE. Q. Was Marsh acting-inspector at Norwood station? A. Yes; he took the charge—I did not, to him or to the female searcher, make any other charge except the one which is now being investigated—I cautioned the female searcher to be careful that she did not make away with anything—I may have said something about the false pocket by way of caution—when I got to Norwood-station, the gentleman made his appearance—when he said his niece had lost a purse containing two railway tickets and 2s. 6d., I opened this purse, and found it did contain it—I am almost confident I said to sergeant Marsh that she had unpinned the article—I stated on the first examination at the police-court that she had unpinned it—Mr. Lewis cross-examined me on that point, and I corrected it, and mentioned the first unpinning.
STEPHEN BALDWIN (Policeman, P 200). I was on duty in the Crystal Palace on Saturday, 9th June, last in plain clothes—I saw sergeant Bell—he called my attention to the prisoner—I had before that time in the course of the day been with Bell—about twenty minutes before he spoke to me again; he called my attention to the prisoner in the passage leading from the fair in the centre transept—there are two passages, and this was the passage on the right—it was that part of the fair which is nearest to the orchestra—the prisoner was out of the fair at the time; she had her face towards the north end of the building—she was going from the fair towards the great orchestra—she was about ten or a dozen yards from the fair I should think—I followed her with Bell—she was standing up when I first
saw her—she went about two paces, then she took the things from under her shawl, stooped down, rolled them up in a piece of paper and put them in her reticule—I saw that—I was three or four yards from her—Bell then went up to her and asked her what she had got in her reticule—she said, "What I have there is my own property"—he said, "Where did you get them?"—she said, "I bought them "he said—"You could not have bought them, I saw you take them from Lady Peel's stall"—he told her that he was a policeserjeant, and she must consider herself in his custody—she said, "For God's sake don't take me; I will tell you the truth, I found them, I picked them up, "pointing to a place at the other end of the fair—she said, "I will leave my watch and chain for the articles if you don't take me"—he told her that he could not take anything, but he must take her—she was then taken to the station—we went to the Crystal Palace station first, and then we went to Norwood station—Bell opened her reticule in the centre transept; the things were not unrolled or taken out till we got to the station; as he took the bag from her hand it dropped open—I saw a purse at the Norwood station—I was not there when a gentleman came in and made a charge; I did not hear anything about that—I did not remain while the constable made the charge, I went back again to the Palace—I went into the police-station—the superintendent was there, and when we went in sergeant Bell said that he had seen the prisoner take some things from Lady Peel's stall—I first heard Bell say that the things were unpinned, at the Norwood station.
Cross-examined. Q. Did Bell tell you why he did not take the woman into custody at the stall, when she took the things? A. No; he did not—he told me to watch her—I did not lose sight of her till we got to the Norwood station—the first time I saw the purse was at Norwood station—it was taken from the prisoner's reticule by sergeant Bell—he took all the things out, including the purse—I am quite sure about that; I swear to it positively—I did not see it taken out of her pocket—I believe it was taken from her reticule—I am certain I never saw it taken from her pocket—a gentleman followed us in, and said his niece had lost a purse—when I said just now that I did not know anything about that, I thought I was being asked about the secretary of the bazaar, because he came in there—the purse was taken from the reticule at the Norwood station, and I had not seen it produced before—I was watching her; I don't think it could have been produced at any time before that, without my noticing it—I am quite sure it was produced ont of the reticule—when the gentleman came in about his niece, he did not tell me what her name was—the purse was produced before he came in—I swear that sergeant Bell put the things back again into the reticule, and then the gentleman came in, and said his niece had lost a purse—he was brought from the Crystal Palace by another constable in uniform, on reserve, not under Bell—Bell did not say when the purse was produced that he knew who it belonged to—I am quite sure about that—I did not hear him remark to the prisoner that she had got there pretty early—he said in her presence that he had been watching her for some time—he did not tell her, in my hearing, that he had seen her attempt several pockets; he said from her manner he believed she was about to pick pockets—he said that to the superintendent—he never said in my presence that she attempted to pick pockets.
LADY EMILY PEEL . I am the wife of Sir Robert Peel—I took charge of I a stall at the fancy fair at the Crystal Palace—I remember the officer bringing back these articles to the stall—I had seen them upon the stall about an hour a and a half before that—at that time I pinned the D'oyley a little higher on the stall—it was hanging quite down in front of the stall, and I raised it up
—there was a cover on the stall, and I pinned it to that—it was hanging longways—it was pinned in the middle; there were two pins, in different parts of it—it was on the right hand side of the stall, facing the grand orchestra; almost at the extreme end of the stall—I think it was marked 15s., but I am not quite sure—I can identify the D'oyley, I will not speak to the mittens, but I had several pairs like them—there were other ladies serving at my stall—there were a great number of persons round the stall, and articles were continually being removed for the inspection of purchasers.
Cross-examined. Q. Had you the custody of these things? A. Yes; we were selling them on behalf of a charity—that was the only D'oyley we had of that pattern—I believe it was marked at 15s.; that is merely a fancy price—I did not price them; the Committee did that—I know, as a matter of fact, that this was not sold at my stall—I know that from what the other ladies told me at the time—I had no reason to know it was sold—some articles had fallen from the stall at an earlier part of the day, before I pinned this up, but no articles after that that I am aware of—there were articles of much greater value than these at the stall; there were cushions, purses, pocket-books and smoking caps; articles which women could tell at once, were of much greater value than these—it is not at all by my desire that this person is prosecuted—I really do not know what these are; they are called washing gloves, I believe—they are not very valuable—they are made by the children.
The prisoner received a good character.— GUILTY.—Strongly recommended to mercy by the Jury thinking she might have taken it from the ground, but might have found the owner by inquiry — Confined Six Months.
ADJOURNED TO MONDAY, AUGUST 13TH, 1860.