CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 17TH, 1860.
MINUTES OF EVIDENCE,
JAMES DROVER BARNETT
Short hand writer 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, September 17th, 1860, and following days.
BEFORE Sir John Bernald Byles, Knt. one of the Justices of Her Majesty's Court of Common Pleas; Sir Colin Blackburn, Knt. one of the Justices of Her Majesty's Court of Queen's Bench; William Taylor Copeland, Esq. M.P.; Sir James Duke, Bart. M.P.; Sir Francis Graham Moon, Bart. F.S.A.; Sir Robert Walter Carden, Knt. M.P.; William Cubitt, Esq. M.P.; William Laurence, Esq. Edward Conder, Esq. and James Abbiss, Esq.; Aldermen of the City of London; 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.
THOMAS GABRIEL, Esq. Ald.
OCTAVIUS CHAPMAN TRYON EAGLETON, Esq.
CHARLES CAMMON, Esq.
CENTRAL CRIMINAL COURT.
CARTER, MAYOR. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT, Monday, September 17th, 1860.
PRESENT—Sir JAMES DUKE, Bert. M.P. Ald.; Sir FRANCIS GRAHAM MOON, Bart. Ald.; Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. SLEIGH conducted the Prosecution.
FREDERICK SHEAD (City-policeman, 425). On the afternoon of 28th August, I was on duty in Cheapside—I ovserved a crowd collected near Sir Robert Peel's statue, and went to see what was the matter—I found the prisoner and a carman fighting—the carman was on his back on the ground; the prisoner was standing about three or four yards from him in a fighting attitude—I went up to him and said, "You must go out of this we can have no bother here"—her answered me with a volley of abuse, and asked what the h—I I wanted with him, why not unterfere with the other man—he went to rush past me to the carman; I caught hold of him by the coat and told him he must go away—he said, "I have had twelve months for very nearly killing a policeman; you had better let go your hold"—I then let go of him and tried to persuade him to go away—he said, "You must be a much stronger man than me to keep me away from him"—I then caught hold of him again to hinder him from going—he then knocked my hat off with his hand, seized me round the neck with his arm and commenced kicking me about the legs—he kicked me once in the groin—he then put his leg between mine and tried to throw me—he continued to assault me till the arrival of Banham, another constable—he caught hold of him by the arm and persuaded him to come, but he still kept on kicking us both very violently—sometimes he walked and sometimes we had to drag him—when we got to the top of Bread-street he threw himself down in his back on the ground and continued to kick at us very violently—he said if he had a knife he would stick it into us; he would die for a policeman—in Cannon-street he threw himself down on his back again and kicked very violently—we did at last with the assistance of three or four others, succeed in getting
him to the station—at the police-station he went on his knees in the dock, clasped his hands in an attitude of prayer, and said he hoped God would strike him blind if he could not beat the two best men in the city police force—he had been drinking a little; he was not drunk—the kicks produced, marks; the kick in the thigh I feel up to this time.
Cross-examined by MR. METCALFE. Q. Had he a barrow or truck of greengages there? A. I believe so; there were some vans stopping there—I did not at that time know whether the carman with whom he was quarrelling belonged to one of those vans—they were not fighting when I came up; the carman was on his back, I suppose the prisoner had knocked him down—the prisoner did not request me to take the carman as well—he did not complain to me, or in my hearing, that the carman had run against his truck and that his horse had eaten any of his greengages, and that then the carman had assaulted him—I believe I had seen him a few times before—I had not frequently ordered him to move on, or taunted him at all; he was not a regular visitor on my beat—he appeared to be very much excited.
MR. SLEIGH. Q. Had you ever said a word to him before? A. I never spoke to him before—I saw nothing of the carman afterwards.
FREDERICK BANHAM (City-policeman, 431). I came to the assistance of Shead, on the afternoon of 28th August, in Cheapside—I saw the prisoner struggling with Shead; he had his arm round Shead's neck, and was kicking him violently—I took hold of his arm and requested him to desist and go quietly—he refused to do so; turned round and, using the worst of language, he began kicking me and Shead—I continued with Shead until the prisoner was conveyed to the station—he continued to struggle and resist all the way to the station—he kicked me several times; my shin was broken and the blood cozed through my stocking—I feel the effects now.
Cross-examined. Q. What became of the carman? A. He was gone when I arrived—I did not see him, or the van, or the greengages—I did not herar the prisoner say anything about taking the carman.
JAMES DUNSTAN . I am in the employment of Messrs. Caldecott of Cheapside—about twenty minutes past 12, as I was going out to dinner, I saw the prisoner and a carman quarrelling—the prisoner came up to the carman in an attitude to strike him and the carman struck him as in self-defence—they struggled and fell—they got up to resume the fight—the constable came up and wanted the prisoner to go away; he refused several times—the constable said if he did not he should have to lock him up; he again refused—he several times requested him to go away quietly, and pushed him away from fighting—the carman went away; he had been delivering bales at our house—the prisoner resisted being taken very much—it took several policeman to convey him to the station—I saw him kicking very violently all the way they were going—there was a great crowd.
Cross-examined. Q. What did the quarrel commence about? A. I do not know; I was not there at the commencement—I saw a barrow there, but did not see what it contained—the carman's van was very close to the barrow—I did not hear the prisoner complain that the carman had driven on his barrow—the carman struck the prisoner first.
GEORGE DRAY . I am a commercial traveller—I saw the prisoner with the two policeman—I was passing by at the time he was resisting and struggling—I heard him tell the policemen that he had settled one policeman and had twelve months for it, and he would have served him the same if it had not been for his mates—I saw the policman's leg at the station
it was much wounded and bruised—I did not see the commencement of the matter.
Witnessess for the Defence.
JOHN BRIEN . I am the prisoner's brother—about 12 o'clock on 28th of last month, I was in Cheapside with a barrow of greengages—I saw a crowd collected and a young man came and told me my brother was in trouble over the way, fighting with a carman—I ran across the road and saw my brother with the two constables; the carman was standing by; the mob was crying out "Shame! why not take the carman as well? he was the aggressor"—the constable said, "You must come with me"—another constable ran across and said, "Oh, we know him; he has had twelve months before for assaulting one of our fellows"—the prisoner said, "I will go quietly if you will go back and take the carman"—Shead said he would not—the prisoner said, "I will go till you take the carman"—he was bleeding from the nose and mouth, and was crying—the mob was crying out, "Shame"—he used no violence at all while I was there, he only laid down on the ground waiting for the carman to be taken—he said the horse had been devouring his greengages.
Cross-examined by MR. SLEIGH. Q. Did you accompany your brother to the station? A. Yes—he went quietly down Bread-street, but two more constables came up as I was wiping his face; one of them collared me and tole me to go away—my brother did not attempt to strike or kick any one in Bread-street—he resisted in Cheapside because they would not take the carman—he did not commit any violence, only threw himself down—I did not see the beginning of the matter; I came up when the constable had hold of my brother—the carman had gone—my brother did not make use of any strong language towards the police—he did not say he had had twelve months for nearly killing a policeman—he did not kick either of the policemen in my presence—the policemen pulled him along, tore his waiscoat off and handkerchief from his neck.
GUILTY .**— Confined Twelve Months.
MR. DICKIE conducted the Prosecution.
CHARLES BAKER (City-policeman, 635). On 6th September, about twenty minutes to 5 in the afternoon, I was coming from Petticoat-lane to Whitefross-street, and saw the prisoner coming from Bishopsgate-street with something rather bulky in his breast—I crossed over towards him—he sprung forward, shoved me on one side and passed me—I ran after him calling, "Stop thief!" through two streets, and at the corner of Artillery-lane I saw him drop this reticule (produced)—I picked it up and followed him into Gun-street when two men tried to stop him—he turned round and faced me and I took him—as we want to the station there was a lady and gentleman; the gentleman said, "Here he is now;" I believe the prisoner heard that, he was close by—they came to the station and charged him.
HENRY NORMAN TOWNSEND . I am an accountant, and live in Fenchurch-building—on 6th September, about a quarter to 5 o'clock, I was going home towards Dalston and saw the prisoner make a snatch at something which a lady had, and run up a court—I spoke to the lady and accompanied her towards the station and we saw the prisoner in custody of a policeman—I have not the slightest double of him.
Draper's-hill—on 6th September, about 5 in the afternoon, I was in Bishopsgate-street, and the prisoner made a snatch at my bag and ran up a court with it—my brooch dropped with the snatch—Townsend spoke to me and I afterwards saw the prisoner between two policeman—I am sure he is the man—he owned it at the station—this is my bag, it had in it 10s., a brooch, a cap, a handkerchief, and a purse; they were all in it when I recovered it.
Prisoner. Q. You say that I said I owned to taking it out of your hand, at the station-house? Witness. A. Yes; I said that when my brooch dropped I thought I had lost my watch, and you said, "I did not take your brooch."
Prisoner. I made no such statemen; I said I was not guilty of taking the reticule, but owned to having it in my possession. Witness. You did not say that, or anything like it.
Prisoner's Defence. There was a man running before me who thought I was running after him; he took something out of his bosom and threw it away; I picked it up. When the policeman came to me I thought it was stolen and tried to get away.
GUILTY .— Confined Six Months.
CHARLES CAMPBELL . I am a waiter at the Shades Stam Packet Hotel, Lower Thames-street—on 10th September the prisoner walked into the coffee-rooml there was no one there—he said, "I expect to meet a gentleman, I think I am a little before my time"—I asked him to sit down, and left the room for about two minutes to attend to a party outside, and when I returned the prisoner had gone and I missed my coat from behind the prisoner running in the middle of the road with my coat on his arm—I followed him as quickly as I could into Monument-yard and saw him picking up some halfpence which had falled out of the coat pocket—an officer came up on the other side and secured him—I had in my coat a purse with two half-sovereigns and a postage stamp—I have never seen them since.
Prisoner. Q. Have you never seen me call there before and take refreshment? A. Never—I did not notice you there on Saturday—you were not in the habit of hanging your coat there close by the door—I have never had a gentleman's coat hand there, for there is only one peg.
GEORGE RUSSELL . I am a detective officer—I saw Campbell running after the prisoner who had the coat on his arm—some halfpence were falling out of it and I have no doubt that the purse fell out—I took him.
Prisoner's Defence. I occasionally went to the house to have refreshman and had been in the habit of leaving my coat there by the door, close by the peg where the plaintiff's coat hung. I was waiting for a friend; I waited as long as I could, and finding he did not come I went out, and being in the habit of hanging my coat there and not thinking what I was doing, I took the coat and did not know it was not mine till some money dropped form it.
GUILTY .— Confined Nine Months.
MR. RAWDON conducted the Prosecution.
JANE WHITE . I am the wife of William White, a moulder to a brickmaker—we like at Northalt, near Uxbridge—on Monday afternoon last, about 3 o'clock, I was going with my husband's tea into the brick-field, and met the prisoner going towards my house—I saw him put his hand in the water-spout to see if the key was there—it was not there, and then he tried to force the door open—he could not—he then took up a brick and smashed in the window and frame, and got in—I went up, and saw him coming out at my bed-room-window with a pair of trousers, a waistcoat, a shirt, and a handkerchief, belonging to my husband—I told him they did not belong to him, and to put them down—he took up a shovel and swore he would murder me me if I did not let him came out—he knocked me down with the shovel and cut me on my head—I had my baby in my arms at the time and he stunned the child with his fist, and made his way off—when I came to myself, I ran after him as fast as I could, hallooing, "Stop thief!"—some friends caught him, and the things were taken from him.
Prisoner. Q. Have I not been at work for your husband in the brick-field? A. Yes; and we found you in lodging—you had clothes of your own in the house—you left work that day because my husband would not let you have any beer—there was no quarrel between you and my husband—your things were kept in your own room—I have not left you in charge of my house several times—I left the pud boy in charge, who has been with us three years—when you took off your Sunday clothes, you left them in the room—I could see you when you entered the house, and you might have been me—the cottage only stands a little distance from the brick-field—you were not drunk—I did not see that you were the worse for drink—you have been in the habit of getting tipsy—I never had any quarrel with you—you left your clothes with me the first Sundays you came to my place—I did not refuse to give them up to you because you owed me money—I did not object to your having them but my husband let you—that is ten weeks ago.
GEORGE BRAWDEN (Policeman, T 201). I was called to take the prisoner in charge—the prosecutrix was very much injured, and covered with blood from the blow she had received—these things were given to me by Mr. and Mrs. White—he said he was very sorry, and hoped Mrs. White would forgive him—I told him he was charged with breaking into the house, and assaulting the women, and stealing the clothes—he was sober.
MRS. WHITE (re-examined). I gave the things to the policeman—I saw them take from the prisoner by a young man named Wellman—they are my husband's clothes.
(The prisoner put in a written defence, stating that being intoxicated he took the prosecutor's clothes in mistake for his own.)
NOT GUILTY .
NEW COURT.—Monday, September 17th, 1860
PRESENT—Mr. Ald. CUBITT, M.P., Mr. Ald. LAWRENCE, and ROBERT MALCOLM KERR, ESQ.
Before Robert Malcolm Kerr, Esq.
739. ROBERT BATTEN (26) , Stealing 1 order for the payment of 1l. 0s. 4d., 1 order for the payment of 12l. 1s., 1 order for the payment of 14l. 10s. 6d., and 33l. 8s. 2d. in money, the property of Edward Weatherby, his master, to which he
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY.—Recommended to mercy. — Confined Twelve Months.
PLEADED GUILTY .— Confined Eighteen Months.
MR. DICKIE conducted the prosecution.
SARAH MANN . I am the wife of William Mann, a coffee-house keeper in Long-lane, Smithfield—the prisoner was my servant of all-work, and had been so about a month; I paid her 2s. a week and her board—on 28th July I had three soverighns in my purse in my pocket in my wardrobe, which I had left the night previous—no one had access to it but the prisoner—in the evening I went to my purse to get a sovereign and there were but two sovereighns there—I came down and asked the prisoner if she had seen a sovereigh; she said she had not—I asked the otehr servant and she said she had not—on Sunday morning, at breakfast time, I told the prisoner she must have taken the sovereign, and if she would give it me I would not give her in charge—she would not, and a policeman was called in—I examined her bundle, and my sheet was torn up in her bundle—I kept her for two hours and she would not own it was my sheet, but afterwards she said it was mine—she wanted to go, and said she had only 7d. in the world—I gave her in charge, and she was taken to the station—I was in the station, but I was not present when she was searched—her aunt had washed for me some time, and she recommended her to me as having been married and left a widow with one child—this ring (produced) is mine; I had had it three years—it was in a box in my room under the dressing-table—it cost 15s. 6d.
Cross-examined by MR. COOPER. Q. When did you see it last? A. About three weeks before—I have another servant in the house—I have children; one is 9 years old, the others 8—they sleep in their own room; they may go into my room—I take lodgers, but I had none at that time—the prisoner brought a bundle with her but no sheet—she said at last that the sheet was mine, and that she took it from off the bed—it was in the bundle with her clothesshe was going away—the purse was kept in my wardrobe in my bed-room.
SUSAN MARSHALL . I am a searcher at Smithfield station—I searched the prisoner and found in her pocket 7 3/4 d.—I found this ring and twi bills in the seam of her petticoat—I found this soverign pinned in her other petticoat, and some sugar—she said the 7 3/4 d. was all the money she had.
GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Four Months.
745. THOMAS BARRETT (24) , Burglariously breaking and entering the dwelling-house of Henry Lofting, and stealing 1 cornopean, and other articles, his property; having been before convicted; to which he
PLEADED GUILTY .— Four Years' Penal Servitude.
746. ALFRED HOARE (24) , Feloniously breaking and entering the warehouse of Zacherias Finlay and another, and stealing 113 pieces of ribbon, value 268l., 880 ostrich feathers, and other articles, their property. Second Count, receiving the same.
MR. DICKIE conducted the Prosecution.
WILLIAM ARTHUR EADE (City-policeman, 146). On 24th August I saw the prisoner wheeling a truck with a box and a bag on it, from Monkwell-street into Clipplegate-buildings—I shortly afterwards stopped him and asked him where he was goint; he told me to the Eastern Counties Railway—I asked him where he brought it from, he said "26, Wood-street," that was not the way from wood-street—I took him to the station and exployed a man to take the truck and box—I searched him at the station and found a cotton handkerchief upon him—I afterwards broke the chest open in his presence, and found this jemmy at the top and 130 rolls of ribbon, 15 head dresses, 2 pieces of crape, 30 yards, 14 bottles of wine, 24 ostrich feathers, 9 packages of silk, from 8 to 112 yards in each packet, and 17 remnants of silk, average 12 yards each.
Cross-examined by MR. RIBTON. Q. What street was he in when you saw him? A. In Hart-street, which is quite a different way from Wood-street—I have not had any money from the prosecution; I will swear I have not been promised any money—he said he had been exployed by a gentleman at 26, Wood-street—this is the bag (produced) that he had in the truck; the box is not here—it was nailed down and corded with small cord—the bag was under the box.
ZACHARIAS FINLAY . I am a manufacturer, of 35, Monkewell-street, close Hard-street—I left the premises about half-past seven on the 23d, the night of the robbery, quite safe; all the doors were shut—I was the last person on the premises that night—I returned next morning at about half-past 8—I tried to open the door, and after a great deal of difficulty I succeeded—I found the inside door of the warehouse forced open, and the boxes which contained these feathers and the papers containing these silks, lying open; the boxes which bottles which had contained the ribbons were lying about on the floor—I found three empty bottles which had contained wine the previous night—I found the counting-house door broken open and the desk, and 4l. 11s. 3d. and four-pence taken out of the desk—the papers were not thrown about much—a new pair of boots were also taken, and an old pair left in their stead—the boxes contained feathers, a great portion of them—two drawers upstairs were also broken open, on the second and third floor, and some tiles on the roof of the house—I have samples of the property here; the value altogether of the property lost was about 500l.—I can swear to these goods; they have all my private mark on them—I had not sold them.
WILLIAM FENNING (City-policeman 88). I went to the premises of Mr. Finley in Hart-street, and compared the jemmy; it corresponded exactly with the marks on the warehouse door, and also on the desks in the counting-house.
The Prisoner's statement before the Magistrate was here read as follows:—"I do not wish to say anything. I was asked by a man in Wood-street to take it to the Eastern Counties Railway, and he said he would give me a shilling."
GUILTY of receiving. — Confined Twelve Months.
OLD COURT.—Tuesday, September 18th, 1860.
PRESENT.—SIR JAMES DUKE, Bart. Ald. M.P.; SIR FRANCIS GRAHAM, MOON, Bart. Ald.; and MR. COMMON SERJEANT.
Before Mr. Common Srjeant.
MR. SLEIGH conducted the Prosecution and MR. METCALFE the Degence.
In this case the Jury found, in answer to the questions submitted to them by the Court, first that the father did not consent to the girl being taken away; secondly, that the prisoner knew that the father did not consent; and thirdly, that he intended only to take her away temporarily, and not with the intention of keeping her away permanently. Upon this finding, the Court directed a verdict of Guilty to be entered, and reserved the case for the consideration of the Court of Appeal.
The prisoner entered into his own recognizances in 100l., and two found sureties of 80l. each, to appear and receive judgment when called upon.
MR. COOPER conducted the Prosecution.
JOHN BALL . On 5th Septmber I went into the Magpie at Harmonsworth, in the morning, and the prisoner came in in the afternoon—I had some beer and gin and the prisoner saw me pay for it—I had two bags, one in the other, containing 12l. or 13l.; there was a 5l. note and some gold and silver and copper—I felt the worse for what I had take, and went into a field and laid down, as I had done previously in the day—I was awoke in a quarter of an hour by the prisoner extracting the money from my pocket—I felt for my purse and it was gone, I had felt it safe not twenty minutes before—she ran away—I got up and gave information to the police, and they showed me this 5l. note (produced) on the Monday following—I know it by this name of "R Spittle" upon it; I have not seen the gold—this (produced) is the inside bag—I had no connexion with the woman and never gave her a shilling—I am a married man—it was nearly 8 o'clock in the evening when she awoke me; it was light enough for to me to see her, and I am sure of her—she had been in the public-house with me three or four hours—she came down the day previous with two men in search of reaping.
FREDERICK DAY (Policeman). I received information and went into the Golden Cross public-house, Colnbrook, and saw the prisoner there with some money—I asked her where she got it from; she said that she earned it in reaping—she became very abusive and I took her in custody for being drunk and disorderly—she handed to me out of her pocket a 5l. note, 3l. 10s. in gold, 2l. 9s. in silver, and 7 182d. in copper—I found this bag on her—I had not heard of the robbery, but she was showing a good deal of money.
WILLIAM HAMILTON (Police-superintendant). The prisoner was brought to the station verydrunk, and I asked her what account she gave of the money—she said that she had earned it at harvest work—on the next day she said that it was given to her by a blacksmith in a field near the Magpie, and that 15s. 6d. of it was her own money.
The prisoner in her defence stated that the prosecutor gave her the bag of money for an improper purpose.
GUILTY .— Confined Six Months.
MR. SLEIGH conducted the Prosecution.
The evidence was interpreted to Klinger.
STEPHEN JOHN TURNER . I am assistant to Messrs Keed, drapers and hosiers, of Coventry-street, Leicester-square—on Friday, 4th August, between 11 and 12 o'clock, the prisoners came in together—Nantze said, "This gentleman." pointing to Klinger, "has just come from Germany and he wants some goods"—he called him a merchant—Klinger did not speak the slightest English, but Nantze, who spoke very good English, interpreted for him—they spoke together in a foreign language—Klinger selected twelve silk handkerchiefs and other property amounting to 14l.—Nantze told me to sent them to 15A, Clifford-street, Bond-street, at 4 o'clock, when Klinger would be there and would pay, but they were then out on other business—I took the goods at a quarter to 4, and Nantze was at the door waiting—I went up to the sitting-room with him and remainted there till about 5 o'clock, when Nantze said, I will go for my dinner as my gentleman has not come in; I except he is dining at Verey's in Regent-street, and where he generally dines—I said "As he cannot speak English, it is no use my waiting, but I will leave the parcel downstairs with the servant"—he said, "Well, you can either leave it with the servant or here, he will not be here till 8 o'clock"—I left the parcel and returned at twenty minutes to 8, but did not dind the prisoners or the parcel, though I looked for it, as the servant showed me into the same room.
Klinger. What he said for his own interest I do not know anything about; I could not understand what he said.
Nantze. Q. When I said I was going to have my dinner, did not you say, "What must I do with the parcel?" A. I did not; you said that the gentleman would not be there till 8, and it being a large parcel, I suggested leaving it with the servant.
HENRY JOY (Policeman, C 9). From information I received, I went in plain clothes to New-court, Hill-street, Finsbury, on 5th August, between 2 and 3 o'clock—I knocked at the door and Klinger put his head out at the window—I asked him whether his name was Klinger he said, "Yes"—he spoke English and I could understand him—I told him I had a note for him, and he came down and opened the door and let me in—I then told him I was a policeman and was instructed to apprehend him for obtaining goods at Mr. Keed's in Coventry-street with another man who I imagined was in custody at the time—he said, "I gave the goods to the interpreter"—I asked him what kind of man that was; he said, "A man with a moustache and whiskers"—I asked him when; he said, "At 10 o'clock this morning"—I told him that the goods had been returned and it was impossible for him to have given them to him—he walked away with me, and I took him to Vine-street station in custody—I found in his coat-pocket a pair of braces, a neck-tie and a pair of kid-gloves, which have all been identified—next day, Sunday, I went to 9, Charlton-street, Whitechapel, and the landlady gave me a parcel containing three shirts, and some other articles (produced)—I subsequently went to 8, Nassau-street Soho, and found the pair of gloves and neck-tie—I pulled this portmanteau from under the bed, and a quantity of bundles of fire-wood rolled from it—I have known the prisoners for the last twelve months, and have seen them together at various times—I knew Klinger when he lived in Queen-street; his wife is a laundress—this bill of Mr. Keed's (produced) was found on Klinger.
Klinger. Q. Did I say I gave these things to the interpreter? did I not say that I gave them to a gentleman with a black, namely, my brother? A. No; you did not tell me that if I would take you to the prosecutor you would pay for the things or return them; I did not admit at the station or to the Magistrate that you said so—your brother has no whiskers he has only a moustable.
Nantze. Q. There was no lock on the portmanteau: did not you state at the police-court that you found a portmantean tilled fire-wood, which was locked? A. No.
MR. SLEIGH Q. How much fire-wood was there? A. About 1 cwt. under the bed and in the portmanteau togather—there was just sufficient to fill it.
HENRY DAWSON (Policeman, A, 301.) I accompanied the last witness to New-court, and watched in Hill-street, outside the house, for some time—whilst so watching I saw Nantze come there with another man—he went into the court—I could not see the house in which Klinger lived—in three or four minutes Nantze came out again alone, spoke to the man who was waiting outside, and then went in again; he came out again with a women, joined the other man and the three went away together—I followed them to Chambers-street Whitechapel-Nantze and the women went into No.9—he came out again in about five minutes, spoke to the man he had left in the street, then went into the house again and the man went away—after staying in the house about half an hour I saw him come out with this parcel under his arm—as he was walking away from the house I followed, and asked if his anme was klinger—he said no—I said I thought it was, that I was a constable, and I should apprehend him for obtaining goods from Mr. Keed of Coventry-street—he said, "You must mind what you ar about"—I asked what the parcel contained—he said, "Various things, my property"—Iasked him what, and he would not give me an answer—I took him to vine-street station and found the parcel contained three shirts, six silk handker-chiefs and other things which the prosecutor has indentifed—I also found in chiefs, and other things which the prosecutor has indentified—I also found in Nantze's pocket a pair of braces and a scarf, which have been indentified.
LOUISA EMILIE NITSCHE . I am the wife of adolphus Nitsche, and live at 9, Chambers-street, Whitechapel—on Friday, 4th August, Klinger came to our house with a parcel of linen, washing—next day he asked me to lend him a carpet bag; he took it away and brought in back in a couple of hours with something in it—he took out what was in it and left the empty bag with me the things were his own, that he wanted to start on a journey with them—the second day he came with Nantze—he has been in England more thean a year.
Nantze lodged in my house for eight weeks previous to the beginning of August—I belive I have seen Klinger visiting him, I cannot swear to him positively, but to the best of my belief he is the man—he was there about every dat—when the policeman came to my house I went up with him to Natze's room and unlocked the door—I saw the policeman pull the portmanteau from under the bed; I did not see the fire-wood pulled out—I saw some in the cupboard; it was not mine.
Naintze. Q. Can you say that the portmanteay ever contained fire-wood? A. You used to cook your own victuals; I supplied you with things to do it—you lighted your own fire—I did not know of the portmanteau being there till the policeman took it away—there was a larger one in the room
which you brought when you came there, I have opened that to put your clothes in; it contained tickets and cards of different things—I do not know that waiters and porters of hotels came to your to hire you as an interpreter—I know people did call but I can't say what for; my little girl generally answered the door—you did act as an interpreter—I had a good reference with you and you behaved very well.
LOUISA EVANS . I live at 15, Cliffor-street, Bond-street—on Thursday, 3d August, I let a loadging to the prisoners, who called-Nantze acted as spokesman-Klinger did not speak at all in English-Nantze inquired if I had apartments to let—I said yes he told me he wished to engage a drawing-room and bed-room for the gentlemenwho was with him—I showed the apartments—they convered together in German for a short time—he said he was very much pleased with them but they were too expensive, but if I would let them at a reduced rate, in a hort time he expected his wife with a servent and child to join him, and then he would give the price we asked—I agreed to that but they did not decide then—they left and said they would call agin if they concluded to take them, which Nantze did—he said the gentleman had decided to take the apartments, that they were going to dine at Vereys and would come in about an hour—I did not see them then—Klinger came that night; I never saw any luggage—the servant let him in; I believe the brought a hat-box and a small parcel, but I did not see it myself—he took possession of the apartments—Nantze told me two or three times that the luggage was coming, that it would be there probably the following day and in order that I might know it was all right he wrote the name "Klinger"—Klinger slept there that night and had breakfast next morning, and during breakfast Nantaz came; they breakfast together—I never saw klinger afterwards; I do not know when he went out—I saw Nantze in the hall in the afternoon; he sent for me and asked if I would make him some present for bringing the gentlemen to my house-I declined to do so—I said it was rather premature.
Nantze. Q. Did I hire the room for both of us? A. No, for the gentleman you told me you were only interpreter to him—you said he would probably remain a long time, and I said if he did I should not object to give you something.
S.J. TURNER (re-examined). I have looked through the whole of this property and belive it to be Mr. Keed's—they are the things included in that bill.
Nantze. Q. Have I not on previous occasions brought foreigners to Mr. Keed? A. Yes, more than once, and that put me off my guard with respect to these goods.
Nantze in his defence statted that he was employed as an interpreter at different hotels, and that he merely acted in that capacity to Klinger throughout the transaction; that Klinger paid him 16s. for his trouble, and made him a present of that gloves and neck-tie
Klinger's Defence (Interpreted). I am accused of stealing these articles, which in no way I have done; I bought them in my own name and had them sent to my lodging with the intention of paying for them; it was not my intention to defraud the prosecutor of the goods.
GUILTY .— Confined Eighteen Months each.
There was another indictment against Nantze.
MR. LEWIS conducted the prosection.
JOSEPH PROBERT STRICKLAND . I am a draper of Gravesent—on 11th June I received some goods from the prosecutor—I was not to receive credit particularly—I pay cah principally—this (producted) is the invoice—on 3d July I paid the prisoner the amount, 1l. 0s. 9d.—this receipt is in his writing, 9d. has been deducted—that was not discount, it was an allowance for two boxes.
Prisoner. Q. Would you not have paid me the amout even on the day after if I had called? A. Yes.
WILLIAM HACKNEY . I am a hatter at Bow-lane Derby, and a customer of the prosecutor's—I was indebted to him in a sum of 9l. 6s.—I had a credit of four months to pay it—on the same day that I received the goods, 26th July, the prisoner called and asked for 2l. and he gave me this receipt (produced)—he allowd me 2s. discount—this is his writing.
Prisoner. Q. In the event of your paying this amount to me should you not have expected the discound that I allowed you on this part of the account? A. Yes—it was not the day be that I received the goods, it was the same morning, I think.
JOSEPH ROLF . I am a cap manufacturer of 130, London-wall—the prisoner was in my service at 25s. a week and 2 1/2 commission and his travelling expenses—his duties were to collect orders, to receive money, to pay it to me when he was in London, or send it up to me by post-I have niot received 1l. 0s. 9d. of him from Mr. Stickland of Gravesend, or 2l. from Mr. Hackney on account of a larger sum; I never expected it to be pai—I had given a month's creadit or three months without discount—he had no right to receive the money because the goods were sold on credit.
COURT. Q. But if the customer chose to pay it, would he be authorized to take it for you? A. Yes, allowing the proper discount.
MR. LEWIS. Q. Is there a person named Bidwell in your employment? A. Yes—he was not authorized to receive money in my absence or from the prisoner as my clerk.
Prisoner. Q. Whose business it to enter those amounts so collected by me? A. Bidwell's principally—when you paid me money I but my initials—no other party made entries but Bidwell; you made your own entries, and when you paid the money over to me I put my signature—I have entered amounts which I have received, but there are very few accounts which I have received myself, except government contracts, which you do not interfere with—when I receive money myself I do not affix my signature—I have no occasion; I know my own writing—these are the books (produced)—here is an entry of your's and another of mine which I collected myself—this is my initial, "G.R"—I received a cheaque from Captain Jeakes for 75l. on 26th or 27th June—here is the entry—I have never placed my signature to five or six consecutive amounts, at once for four or five days, signing over leaf and over leaf, except when they were booked in the same day and the money was given to me—it may have occurred once or twice when the scale has been effected two or three days before—this (produced) is the ledger—the accont of Wright of Hackney-road is not in it; but it is your book-keeping, you could not keep your books—I am not a very good scholar and you took advandage of me—I do not remember the day preceeding that that it was your duty to call on Wright
of the Hackney-road, as he had promised his account—I cannot recollect whether it was understood that our expenses should be divided on that Sunday, or that you told me you had received Wright's account a and took it on account of your commission, paying me the half of my day's expenses; but I recollect that you paid me the 1l. 4d. down and I booked it—you were not entitled to retain your commission out of the monies I received—you always had your commission paid every month; but when you required cloths, I directed my tailors to take it out of your commission—the book will show that you had 25s. a week; you received the last 25s. a week on 14th July—I think you started that day to the Midland Counties—you promised that the terms upon which you went were 7 1/2 per cent and your expenses paid—there was no settled amount for your expenses—I paid your railway expenses and 7 1/2 per cent but not your hotel expenses; you were to pay for your lodging and keep out of the 7 1/2 per cent—you were to pay for your lodging and keep out of the 7 1/2 per cent—you could do on the journey 150l. surely that would pay you—you hadl 3l. when you started 2l. afterwards, and 3l. after that—I recollect the last Kent journey that you went, you charged me 4l. for your expenses, and I made the same journey for 2l. in three days and a half—you spent a week and charged 4l. for six day's reilway expenses and I paid it—you once took the money out of what you received; that was on the last journey—when you take you expenses out of your receipts it would be your duty to show it in your accounts and what the balance was, and you did so—I gave you 3l. on 14th July, to start on your journey—I sent you 2l. more on the following Thursday, and 1l. 8s. you collected from Mr. Hackney, that made 6l. 18s. for fourteen days' travelling expenses; but you had no business to shop fourteen days, and had notice to come back.
MR. LEWIS Q. He not only did not pay you the money, but did not tell you that he had received these monies? A. Never.
COURT. Q. Would the goods sent to your customers appear in your ledger? A. Yes; it was posted up-the prisoner used not to take out the accounts with him, they were sent by post to the customers—having collected the money he would send it up by post-office orders, with a list—I have received a list of this money partly, but have not received these sums from Mr. Hackney or Mr. Strickland—I went to collect them and found they had been collected—on returning from this journey the prisoner made out a list of 1l. 17s. for his expenses.
Prisoner. That was my commission account.
Prisoner. Q. When I have asked you to enter any item to the credit of a customer, have you not always seen me pay the money over to Mr. Rolf? A. It was very seldom indeed that I saw money pass between you—I know you deducted your expenses on the second journey you went—that will appear in the account which you rendered—and have taken monies giving Mr. Rolf credit for them.
Prisoner's Defence. I entered Mr. Rolf's service in February, at a salary of 25s. and 2/12 commission—he was in a very struggling way of business, and had scarcely credit for a yard of cloth—I took my salary as I could get it, sometimes 5s. sometimes 10s. and we pulled together until I was able to go out of town to extend the trade; I had my own interests in view as well as his, and endeavoured to be as cautious as possible. My expenses have been very little over 10s. or 12s. a day, which is very small indeed to represent an old house, and is very difficult indeed to build up a new connexion. I received the 1l. 18s. from Mr. Hackney because I had to leave
my patterns in pawn to charter myself to Derby; what else could I do? I must have stayed there, at a frightful expense in the shape of an hotel bill, instead of which I collected this money, redeemed my samples, paid my bill, and just cleared my way up to London. I went without my dinner and without half my meals to make the money go further; I endeavoured to do all I possibly could but the journey was failure. This money was spen in bond fide expenses. Mr. Rolf has sworn tht I have not given credit for Strickland's account, how that is, I know not; I received it and am fully convinced that I paid it to Mr. Rolf. Five years ago I was charged in this Court for the same thing and had a years imprisonment, and it is hardly likely that I should throw away a change again for such a paltry amount; I paid him this money but unfortunately cannot bring witnesses to prove it; I have been negligent and careless: for having had troubles of a domestic nature, I have given way too much to drink, but as to embezzling the amounts, I should as soon think of putting my head in the fire.
MR. LEWIS conducted the Prosecution.
JAMES YEOMAN . I live in Chiswell-street, and have been a customer of Mr. Rolf—I was indebted to him 1l. 8s. on 7th August when the prisoner called—I had just paid away all the money I had, except 10s. which I gave him knowing him to be in Mr. Rolf's service, and he gave me a receipt—he said that he would call with some samples at the end of the week.
JOSEPH ROLF . I dismissed the prisoner on, I think, 28th July, he was not in my service on 7th August, he had left seven or eight days, and I went out of town—he had not authority to collect money for me, but he knew that the account was outstanding.
Prisoner. Q. When the alteration in my salary was effected, what notice was given me respecting it? A. There was no alteration at all—you were discharged—I discharged you on 28th July—I told you to leave because you had done nothing—you had warning a fornight before that time; I told you on the 14th that we could not go any further, and you said, "When I have stayed out a week or a fortnight I will leave"—You have no occasion to go on the journey—you had had your commission on Yeoman's debt before.
COURT. Q. Has he ever refused to pay you this money or denied that he had received the 1l. 8s.? A. No; he has not been in my employ—there is no custom in our trade for a person to receive the accounts when he leaves, and wind up the affair—if a traveller leaves with 500l. owing to his employer, he would be entitled to his commission upon it, but the prisoner had his commission on the transaction long ago—his commission is his remuneration for selling the goods and getting the money, but could I keep a traveller on till all the customers have paid their money?—he came to my house and annoyed me.
Prisoner. I came for a settlement of my accounts.
PLEADED GUILTY . Confined Twelve Months.
PLEADED GUILTY .— Confined Three Months.
NEW COURT.—Tuesday, September 18th 1860.
PRESENT—Mr. Ald. CUBITT, M.P.; Mr. Ald. CONDER; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY . Confined Four Years.
PLEADED GUILTY . Confined Four Months.
PLEADED GUILTY . Confined Twelve Months.
PLEADED GUILTY . Confined Twelve Months.
PLEADED GUILTY . Confined Twelve Months.
MESSRS. ELLIS and LAWRENCE conducted the Prosecution.
WILLIAM JAMES BAKER I keep the Jolly Sailor public-house in St. Georges in the East—on Saturday, 25th August, the little girl, Weiler came to my house for half a quartern of spruce in a bottle—she offered a bad shilling—I kept it and she was taken to the station—after she passed the shilling, I believe I saw the prisoner standing outside the door.
JOHN BAILEY (Police-sergeant, H 1). Weiler was given into my custody with this shilling—after taking her to the station I went to her house—116, Back-church-lane—I found the prisoner there in the front-room on the ground floor—he was talking to Weiler's sister, and her father and mother were in the back-room-I asked Weiler's mother if she was aware that I had her little girl at the station—she said, "No;" and asked what I had her there for—I said, "For passing a bad shilling"—the prisoner then said, "I must go"—I said., "You must stop, and I must see what you have about you before you go"—I told him to take all out of his pockets that he had in—he took out an old handkerchief and a piece of comb—I said, "Have you anything more in your pockets?" he said, "No;" I said "I must feel to see whether you have"—I put my hand in his left-hand trousers pocket and took out this little black bag—it contained seven packets of bad coin, containing ninety-two pieces—they are now in the same state as I found them—I said, "You have got a quantity of bad coin, why did not you take it out?"—he said, "I don't know"—I said, "Where did you get it?" he said, "I picked it up in Rosemary-lane—I gave him and the coin ti an officer while I searched the place.
ALFRED ALEXANDER HALL (Policeman, H 127). I was with the last witness—he handed me this bag containing counterfeit coin—I have kept it ever since—previous to that I had seen the prisoner in company with the
little girl in the Highway, about twenty yards from the Jolly Sailor; they were walking towards it—the prisoner gave the name of williamson, and said he had no home; he had just come from Liverpool.
WILLIAM WEBSTER I am inspector of coin to the Royal Mint—this shilling that was uttered is a bed one—heere are seven packets containing ninety-two pieces of counterfeit coin in this bag—the pieces are separated one from the other—here are twenty-nine shillings, and several of them are from the same mould as the one that was uttered—here are four florins, forty sixpences, and twenty 4d. pieces—they are all bad.
Prisoner's Defence. I was going along the Commercial-road saw a woman drop the bag; I took it up. The policeman did not give me time to pull the money out of my pocket.
GUILTY. Judgment Respited
MESSRS. ELLIS and LAWRENCE conducted the Prosecution.
WILLIAM WILLIAMS . I keep the White Horse in Church-street, chelsea—my wife, Mary Ann Williams, is very ill; I left her in bed—I have a medical certificate, which I saw signed on Sunday morning—she has miscarried—I was at the police office; I saw the depositions taken and heard them read—the prisoner was there, and we wre asked if they were correct.
(The deposition of Mary Ann Williams was read as follows:-"I am the wife of William Williams; he keeps the White Horse in Church-street, Chelasea—On 1st August the prisoner came about 8 in the evening—I served him with two-pennyworth of gin and cold water—he gave me half-a-crown in payment—I put the change, 2s. 4s., down there—I looked at the half-crown and found it was bad—I told the prisoner it was bad, and went to the foot of the stairs and called loudly 'William'—the prisoner took up the 2s. 4d. change, ran away, and left the gin and water—on the Saturday following I was called to the bar and saw the prisoner there, detained by my husband and a policeman—I said "That is the man who gave me a bad half-crown on Wednesday night"—I took the half-crown from where I had put it, my pocket—I had kept it there all the time—I gave it to my husband and saw him give it to the policeman.
WILLIAM WILLIAMS (re-examined). On Saturday, 4th August, the prisoner came to my bar for two-pennyworth of gin and warm water—he put down a 5s. piece—I gave him 4s. 10d. change—I looked at the 5s. piece; I rang it and put it in my waistcoat pocket—I had no other money there—I took it out in about a minute, and handed it to a man who stood at the bar, for his opinion, he having a better set of teeth than I have—the prisoner was at the bar and must have heard what was said—he was about three yards from him—the man bit the 5s. piece, and the prisoner walked out of the house—I got the 5s. piece, out of the man's hand; I never lost sight of it for a moment—I went after the prisoner and told him he had given me a bad 5s. piece—he said he did not know that he had, or words to that effect—he lugged the whole of the money that he had out of his pocket—I took back my money, sent for a policeman, and gave the prisoner in custody—I gave the policeman the crown, and also a half-crown which I got from my wife.
Prisoner. I gave him the crown, I did not know it was bad; I never was in the house before.
COURT. Q. Was the prisoner taken in custody in the house? A. Yes; my wife saw him, and she said, "That looks like the back of the man that gave me the bad half-crown"—the policeman told the prisoner to turn round and look my wife full in the face—he did so, and she said "That is the man that gave me the bad half-crown on Wednesday night, and afterwards ran out of the house."
CHARLES BARNES . I was in the police, No. 215 B, on 4th Augugust, and I was called to Mr. Williams'—he gave me this crown and half-crown, and I took the priosner in custody—he had 2s. 2d. in good money on him—he gave his address, No. 42, Rathbone-place—I went there and found it was false
COURT. Q. Did Mr. Williams say anythings? A. Yes. Mr. William called his wife and said he was going to the station, and she came and said "That looks like the back of the man that gave me the bad half-crown—I told the prisoner to turn round and he did, and she then said, "That is the man that gave me the half-crown on Wednesday night and ran away."
GUILTY . Confined Six Months.
MAURICE SMITH PLEADED GUILTY Confined Twelve Months.
MESSRS. ELLIS and LAWRENCE conducted the prosecution
ELIZA VINCENT . I keep the Peterborough Arms, in King's-road, Fulham.—on Friday, 10th August, about 7 o'clock in the evening the prisoners came into my house; Smith asked for a pint of porter, and gave me half a crown—I tried it and it bent—I told him it was bad he said he was not aware of it, he took it at Putney, and then he said from his employer—Orchard offered a shilling to pay for the porter, and smith asked me for the half-crown that he might go to he is employer—I did not allow him have it—they went away together and did not come back—I marked the half-crown a few minutes after they were gone, and kept it by itself in my pocket—I afterwards gave it to the constable.
Orchard. Q. Are you quite sure I am the person that came into your house? A. Yes.
MARY ANN BARR I am the wife of Henry Barr; he keeps the Hand and Flower in King's road, Fulham—on Saturday 10th August, the two prisoners came in together, and Orchard asked for a pint of porter—he offered me a half-crown—I tried it with my teeth—I told him it was bad, and I returned it to him—he ws very angry; Smith said he would pay—they drank the beer together and went out together—I pointed out the prisoner to my husband.
HENRY BARR . I am the husband of the last witness—she pointed out the prisoners to me; they were then in the open road, a short distance from my house, scuffling together—Smith was holding Orchard asif he had been drunk—I followed them and passed them—I looked back and I found they had turned back—I walked back and met Orchard coming out of the Nell Gwyne public-house—Smith was out and they joined-I went into the Nell Gwynne and then followed the prisoners; they went on to Cremorne Gardens and into the World's End—I saw them place a coin on the counter—I went in and asked the person if it was a good half-crown that they had given—she took it out of the till and said, "I don't think it is;" she gae it to the barman, and he said that it was rank bad—I said to the prisoners "I have
got you now; I have been following you far enough"—the barmaid gave me a half-crown after marking it—the prisoners were by at the time.
Orchard. I never was in either of the houses, neither yours nor the others.
GEORGE EDWARD LANE . I keep the Nell Gwynne—on 10th August, Smith came to my bar between 7 and 8 o'clock—he asked for a pink of half-and-half, and gave me a half-crown—I broke it in two and put it on the counter—he took it up and said he knew where he took it—he then called for half a pint of beer and gave me a penny—Orchard came in at another door—Smith went out and Orchard went out not a minute after him.
Orchard. Q. What did I have in your house? A. Nothing—you came in and I told you smoking was not allowed—you were not in the same part with Smith.
ELIZABETH PUSEY . I live at the World's End—on 10th August both the prisoner came in between 7 and 8 o'clock in the evening—one of them called for a pint of beer and put down a half-crown—I put down the change and Smith took it up—I put the half-crown in the till—there were two-shilling pieces, shillings, and sixpences there but no other half-crown—Mr. Barr came in directly and said "Was that a good half-grown?"—I took it out of the till and gave it to the barman; he tried it with his teech and said, "It is a rank bad one"—I marked it and gave it to the constable.
Orchard. Did I call for the porter? A. I don't know—one of you did—I don't know who put the money down but you said that you gave me a two-shilling piece. WILLIAM ARIS (Policeman, 351, V). I took the prisoners—this half-crown was produced in their presence—it was marked—I got this other half-crown from Mrs. Vincent at the Peterborough Arms—it was marked—I serached the prisoners in the World's End—when I was about to search Smith he struck me in the face and knocked me down—I threw him on the ground and searched him—I found on Orchard 2 1/2 d
Orchard's Defence. I was not in any public-house but the World's End—I was not passing and bad money.
ORCHARD— GUILTY .— Confined Twelve Months.
MR. POLAND Conducted the Prosecution.
EDWARD SANKEY . I keep a coffee-stall at Maida-hill Tunnel—the pri-soner came to me about a month ago and had some coffee and bread and butter—he gave me a shilling—I gave him change and when I went to change the shilling it was bad—I took it home and placed it on the mantelshelf—I gave it to the officer afterwards—the prisoner came again on the fast day of August—he then owed me a penny—he had had a cup of coffee and a slice of bread and butter on the Thursday and did not pay, and on the 31st he came and had some more which made 2d.; he gave me a shilling to pay—I put it in my pocket—it was the only shilling I had—I went to a neigh-bour and changed a sixpence—I had some sixpences and the barmaid gave me 2d. and a fourpenny bit—I gave the prisoner change—I took the shilling home and afterwards found it was bad—I gave it to a man at a butter shop and he bit it—here is the mark on it now—the prisoner came again to my stall on the morning of 1st September—he had some coffee and bread and
butter and gave me another shilling—I ran up to the barmaid in the May Pole and asked her what it was—she said it was bad; I did not lose sight of it—there was no one there but me—I came back and said to the prisoner "You gave me a bad shilling yesterday and another this morning"—he said "Don't be hard upon me, tell me where you like and I will see you at night and give you good money"—a constable came up and I gave the prisoner in charge, with the three shillings.
DANIEL FREDERICK KERRIDGE (Police-serjeant 6, D). On Saturday, 1st September, I was at the prosecutor's stall and the prisoner was given in my custody—I received these three shillings from the prosecutor—the prisoner gave his address 29, Norfolk-street, which I found to be correct—the name he gave is not his proper name.
The Prisoner received a good character. NOT GUILTY .
764. JOHN ABBOTT (25) , Robbery, with a women unknown, on Charles Henry Struges, and stealing from his person 1 watch and 1 watchchain value 9l. 6s. his property, having been before convicted; to which he
PLEADED GUILTY .— Six Years' Penal Servitude.
PLEADED GUILTY .— Confined One Month in Newgate, and Four Years in a Reformatory.
766. JASPER NORTHOVER (36) , Embezzling the sums of 4l. 6s. 11d., and 15l. 3s. 3d., and 30l. 11s.; also 4l. 16s. 14l. 2s. 7d., and 4l. 6s., the property of William Tupper and another, his masters; to which he
PLEADED GUILTY .— Four Years' Penal Servitude.
MESSRS. ELLIS and LAWRENCE conduced the Prosecution.
WILLIAM FOY (Police-serjeant, 9 T). I produce a certificate of conviction at this Court in November, 1859 (read: Charles James, convicted of uttering counterfeit coin. Pleaded Guilty, and imprisoned Nine Months.")—the prisoner is the person mentioned in that certificate—I was present.
MARY LEATHER . I keep the Stag and Hounds public-house at Brentford—I saw the prisoner on 28th August last at my bar—he asked for a bottle of ginger-beer, which was 2d.—he gave me a two-shilling piece and I gave him the change—my daughter met him at the door when he was going out—I gave the florin to her and she tried it—I looked at it, found it was bad, and market it; I should know it again—I had no other florin in my possession—that was about half-past 6 in the evening—I sent for a police-constable.
Prisoner. Q. Did you notice the florin was bad when I gave it to you? A. No, I did not—I gave it to my daugher when she came in; she marked it with her teeth—she followed you and gave it to the constable.
ELIZA LONG . I am the wife of Edward Long of North-row, and the daugher of the last witness—on 28th August last, in consequence of something said to me, I went after the prisoner about half-past 6 in the evening—he went into my mother's house—she gave me a florin; I tried it with my teeth and it was bad—I afterwards sent for a policeman—I gave the florin to my sister and she gave it to the policeman—I saw her give it him—I never lost sight of it—I should know the florin again if I saw it.
Prisoner. Q. Where did you give your sister the florin? A. At the door, and she gave it to the policeman at the same place—Mrs. Long had not marked the florin when you were taken, she marked it afterwards.
MARY ANN CHURCH . I am the wife of Charles Church, he keeps the Royal Buck, at Brentford—on Tuesday, 28th August last, a little after 6 in the evening, I saw the prisoner at my house—he came for a glass of ale, which came to three halfpence—he offered a half-crown—I found it was bad and told him so—I laid it on the tap-room table—he said he said he did not know it was bad—he gave me a good florin, and I gave him the change.
Prisoner. Q. Will you swear that I am the man? A. Yes—I made communication to Mrs. Long after that.
JOHN FREDERICK DOWLER (Policeman, T 69). On Tuesday evening, 28th August, I was sent for to Brentford to take the prosoner—when I first saw him he was about 200 yards in front of me; Mrs. Long was close by—directly he saw me, he ran away—I took him in a corn-field in Hatton-lane—he ran about half a mile; he was behind a sheaf—I told him what he was charged with, searched him, and found twelve shillings, nine sixpences, a threepenny and fourpenny piece, and one shilling and a halfpenny in copper—Mrs. Long's sister gave me this florin (produced)—it was marked before it was given to me with one tooth mark—it was given to me in the corn-field.
Prisoner. Q. Did you lose sight of me when I was running? A. I lost sight of you when you went through the hedge; but as soon as I got through the helge, I saw the sheaf of wheat move and I ran round and took you—I saw you put an envelope in your mouth; it was addressed to your brother in Cold-bath Fields—I have not got it—I gave it to the sergeant at the police-station.
Prisoner's Defence. Mrs. Church says I came into her house and had a glass of ale, and gave her a half-crown in payment. At Uxbridge she said I pulled out a soverign and some other money: when the policeman searched me, he did not find anything on me.
GUILTY .— Six Years' Penal Servitude.
OLD COURT.—Wednesday, September 19th, 1860.
PRESENT—MR. JUSTICE BYLES; Mr. Ald. COPELAND, M.P.; SIR JAMES DUKE, Ald. M.P.; SIR ROBERT WALTER CARDEN, Knt., Ald.; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .**— Confined Six Months.
Before Mr. Justice Byles.
MR. SERJEANT BALLANTINE, with MR. SLEIGH, conducted the Prosecution.
WILLIAM GANN . I am one of the keepers of the Colney-hatch Lunsticasylum, and perform duty principally in ward "C"—in March in the present year the deceased, William Swift, was placed under my care in that ward—he was about fifty years of ago I should thing; he might be a little more—he was a large built powerful man, very strong—from that period until Wednesday 9th May, he remainted in the ward under my care—on that evening, in consequence of hearing some noise made by him, I went to the door of the door of the room in which he was and opened it; before I had sufficient time to speak to him, he struck me in the eye and seized me by the necktie—he made use of the words, "I have got you now, you b----"—I found that he was near strangling me; I struck him, and we both fell together—I fell sideways; I could not exactly say how—I knew no more till I was released by Reed—in my struggle with Swift, I did not use any more violence than was absolutely necessary for my own protection—I struck him in the pit of the stomach, just here (pointing to the place); a little to the right as near as I could judge—I saw Swift again that evening, about 8 o'clock, in the same room—he only said, "Good night;" that was all—he did not then make any complaint at all of suffering from any injury—it was my duty on the following morning to unlock the door of the room in which he was—I unlocked it about ten minutes past 6—he showed me a bruise which he had on his stomach—he did not complain of any pain or suffering—the bruise was where I pointed before—he did not at that time appear to me to be under any suffering at all in breathing, or in any other way—he made no complaint at all, only showing me the bruise—it was his habit to sweep that ward—he applied to me about half-past 6 for a broom to sweep the ward down as usual—I thought proper not to give it him—I saw him about the ward that morning, the same as usual; he took his breakfast as usual—he was out in the airing-court as usual; he came in and had his dinner the same as usual—it was 1 o'clock when they sat down—after dinner I went down with him to No. 11 ward, and there I left him—that was by Dr. Tyerman's direction—what had taken place the previous night had been reported in the morning—during the whole of that morning, up to the time of my removal of him to No. 11, he did not exhibit any symptoms at all of distress or suffering, or make any complaint at all.
Cross-examined by MR. METCALFE (for slater). Q. Did you hit him a violent blow? A. I hit him as hard as I could; it was a life and death struggle between us—I was nearly strangled and should have been quite, if it had not been for the other attendant—I was quite insensible when he came—I hit Swift with the right hand I think, as near as I can recollect—we both fell then—that is all I recollect till I was released—there was no padding at all in the room in which the blow was struck—it is a boarded floor, so that we fell on the boards-there was no furniture in the room—there was a matterss and a bed made up in the usual way; there was no badstead—at the time the struggle was going on, the door was open—I had unlocked it when I went to speak to him not to make such a noise-that was beforeit began—the struggle took place close by the doorway—the door opens outwards—when I went to him to tell him not to make such a noise—that was before it began—the struggle took place close by the doorway—the door opens outwards—when I went to him to tell him not to make such a noise, he was knocking at the door and hallooing out, shhouting—I had not time to speak to him before he struck me—he continued the same till I became insensible—that was the reason he was shhifted down to No. 11 ward—that is the ward for the most disorderly patients; it is called the refractory ward—I cannot say whether they are drafted into that from all the
wards—refractory men are generally sent down there—I do not know anything about Clark or Varney; they have not been under my charge—I was examined before the coroner—serveral witnesses were examined before the coroner—I cannot say exactly when the inquest was held; it was more than a few days after the death—it might be a week or somethhing like that, I cannot say exactly.
Cross-examined by MR. ROBINSON (with MR. LEWIS, for Vivian). Q. He was habitually very violent, was he not? A. Yes, when excited—he was very frequently excited—I have seen him sparring and offering of fight in the yard many times—he came into our ward on 8th March—there were marks on his wrist where he had been chained down, as he stated—there were marks on both wrists of something of that kind—I did not know any thing of him before he came in—he was under my care from 8th March to 10th May.
CHARLES REED . I am an attendant at the Colney Hatch Asylum, and was so on 9th May last—I recollect being called by one of the patients to the assistance of Gann—I went into the room where Gann and Swift were—I found Gann lying down on the floor and the patient had got him fast by the throat, by the necktie, and had one knee on the floor—I took hold of his hand and said, "Leave go, Swift," and he let go immediately—this was between 6 and 7 o'clock, or it might be a little after 7—before I left the room with Gann I desired Swift to go to bed—he did so in my presence—I said, "Swift, go to bed," and he went to bed directly—he was undressed—he had nothing on but his shirt—he got into bed directly—I saw him afterwards at 8 o'clock; he was then in bed—he did not get up at all, or make any complaint to me—I did not notice anything peculiar in his breathing—I did not go into his room—I unlocked the door and saw him lying in bed—I spoke to him; I bade him good night—he said, "Good night, old fellow," or something similar to that—I saw him again on the subsequent morning, between 6 and 7 o'clock, sitting in the recess in No. 5.—he was dressed; he had dressed himself—I did not speak to him then—nobody had dressed him that I know of—I never knew any one to dress him—he did not make any complaint to me then—he said to me, as I was walking up the gallery, "Charley, it was a lucky job for him that you came last night; if you had not I should have killed him"—I cannot say whether he appeared to have his breathing affected at that time, or to walk with any difficulty—I did not notice anything—I saw him again that day—I believe he was shifted that day—I saw him after six o'clock that day—I cannot say that he had anything the matter with him at the different time I saw him.
COURT. Q. What was the latest time that day that you saw him? A. Perhaps it might be about 11 o'clock; I never saw him afterwards.
Cross-examined by MR. METCALFE. Q. Can you say whether he was suffering or not? A. I cannnot say—when I first went in, when he was holding Gann down, he had on nothing, only his shift; at the time the struggle was going on—he was a very violent man at times; he had a sort of paroxysm—I have seen him very violent with other patients.
Cross-examined by MR. ROBINSON. Q. What was his particular delusion? A. I can't say—he used to say that he was possessed of a great deal of property—he used to fancy himself the strongest man in the world—I have very frequently heard him say that he had killed a great number of Catholics—he believed that—I can't say how many persons he has told me he had killed, some great number; peraps 300 or 400 he has told me; I might say more—I know nothing of Clark further than that I have seen him—neither he nor Varney have ever been under my care.
JOHN VERREY . I am one of the head attendants at Colney Hatch—I remember the deceased man, Swift—I remember the day of his death—I saw him during the afternoon of that day—about 4 o'clock—he was then in the airing court—this was on the Saturday after the Wednesday—I had seen him on the Thursday and Friday proceding, and on the Saturday about 4 o'clock—during those days he appeared to be in his usual health and strength—he was so at 4 o'clock on the Saturday—that was the last time I saw him—he made some remark to me on that day—he always used to follow me about; he was very fond of following me about and speaking to me—he was rather partial to me, I believe—he fancied he was very strong; and that he could blow into persons' mouths and infuse strength into them—he talked in the same strain generally, and did so on the Saturday—I observed nothing amiss with him at all that afternoon more than at other times, with respect to his breathin, walking, or anything else.
Cross-examined by MR. METCALFE. Q. Did he make any complaint to you at all on the Friday? A. On the Thursday morning he complained about a blow that he had had from Gann on his chest—I examined him and found a large bruise there, and reported it to the doctor—(pointing out its position)—it was a large bruise, nearly as large as my hand—he complained of it more than once—I think he complained of it on the Friday afternoon—on the Thursday I examined him when I went round the first thing—it was a large bruise—there was no swelling; merely a bruise—he only complained of that particular place—he did not complain the having been ill-used by any body on the Friday; neigher on that day nor on the Saturday—I am certain of that—he did not then, or at any time before his death, make any complaint of ill usage by either of the prisoners—I saw him on the Saturday morning, and in the afternoon after dinner as well.
Cross-examined by MR. ROBINSON. Q. Do you know Clark and Varney? A. Yes—I am the head attendant—I have a general superintendence of the whole wards—I have know Clark and Varney ever since they have been in the asylum—rather upwards of two years—Varney has been in the refractory ward the whole of the tie, with the exception or three or four days at the latter part—Clark has been removed to several wards—he has passed a very considerable time in the refractory ward—he was in the refractory ward during the whole time Swift was there—he was a very violent man—he used frequently to strike patients—I do not think I can state anything about him with reference to his telling the truth or telling falsehoods—I think he is a spiteful man—he has not made any complaints to me of other persons—I have not known of any—by his being a spiteful man, I mean attacking other patients and ill-using them; striking them—he was not appointed to any store-room at Colney Hatch to my knowledge—I do not know of his having been at Hanwell before he was at Colney Hatch—I know nothing about him, only during the time he was at Colney Hatch—I never saw any violence on Varney's part—I believe he was placed in the refractory ward when he first came from Hanwell, and he has refused several times to leave that ward to go to another—he is very obstinate.
MR. SERJEANT BALLANTINE. Q. You say on the Thursday and on subsequent occasions Swift complained to you about this bruise? A. Yes—he merely made a reference to it—he said that he felt a pain there, and that he had been struck; that was all—he said that more than once—when he made the complaint I did not observe any difficulty on his articulation, or this his breathing was at all affected—he appeared to have no difficulty whatever in walking.
THOMAS JOHN FORD . I am one of the head attendants at the Colney Hatch Asylum—I recollect Swift being in the asylum—I saw him on Saturday afternoon, 12th May, between 4 and 5 o'clock, to the best of my remembrance—he was then in the airing court—I observed nothing beyond his usual manner—he came up, as he invariably would, and accosted me in his usual style—he spoke, amongst other things, of having killed 300 Catholics—it was a general delusion of his, and he almost invariably entered on that topic—he was not more than two minutes speaking to me; merely in passing through the court—there was nothing about his walking that I noticed, as if he was in pain—I did not notice when he spoke to me, that there was any affection in his breathing—he did not make any complaint of any kind to me—I had not seen him the day before.
Cross-examined by MR. METCALFE. Q. Are you the attendant over these two prisoners? A. No; Mr. Verrey was their superintendent—the deceased did not complain to me at all before his death of any improper treatment by the prisoners—to the best of my remembrance it was between 3 and 4 o'clock that I saw Swift in the yard—there were, I think, at that time, about forty patients in the ward altogether—that was when I saw him in the airing ward between 4 and 5 on the Saturday afternoon—probably some of those patients are quite as rational as Clark or Varney—I can't say whether they are as capable of giving evidence—Clark was not under my care—I have seen him—he was always an excitable man and prone to fighting—he has no peculiar fancy I imagine, but he was not under my care—his insanity shows itself chiefly in excitement and violence—to a certain extent you might rely on what he said—some things might be fallacies altogether—he very often committed acts of violence on the other patients—I merely know Varney as being a patient there for some time; two years nearly—I do not know how his insanity shows itself—I never saw anything peculiar about Varney, except at times a degree of irritation—he was irritated about any peculiar subject that might vex him for the moment—I imagine he is prone to fallacies, otherwise he would not be there—I do not know of my own knowledge—supposing Clark gave a description of anything that occured in the ward, I should not rely upon it implicitly—I should rely on nothing implicitly that I heard from any one there.
DR. ALONZO HENRY STOCKER . I am a physician and am medical superintendent of Grove Hall Lunatic Asylum at Bow—I have had two lunatic patients of the names of Clark and Varney under my care for rather more than a month—they are in attendance to day—Clark is the subject of delusions—in my opinion he is capable of giving a correct narration of matters and facts which occur under his observation, within his sight—he is capable of giving a correct account of matters that took place before his eyes—I consider Varney to be competent to give a correct account of matters that came under his personal observation.
Cross-examined by MR. METCALFE. Q. They have been under your care since this inquiry has been going on? A. Since the 17th of August last—I was not aware of the object of their being placed there—I was not aware whether the express object of their being placed there was that I might ascertain, if I could, whether they were competent to give evidence—they were placed there by the authority of the visiting Magistrates of the County Asylum, with, I believe, the sanction of the Commissioners of Lunacy—a few days after they had been placed there, I received a letter—I was requested to pay attention to their mental state during the time they were under my care—neither of them were actually
violent, while with me; only on one or two occasions Clark showed a slight disposition to be quarrelsome—he is an excitable man—I am not aware whether anything was said to them about my being instructed to ascertain that—I have had numerous conversations with Clark during the time—he is the subject of delusions—I judge whether I can rely on any statement by the probability or improbability of the story—my judgment would be guided entirely by that.
Cross-examined by MR. ROBINSON. Q. Suppose he told you he had killed a man twelve months ago? A. I should investigate the matter—if he told me he had killed a man in Australia, I should not rely upon his simple statement—he is under the delusion that poison has been administered to him, antecedently to his being with me—I believe that to be a delusion—that is his principal delusion—as a result of that delusion he believes that his system has been much injured—I have no doubt he sincerely believes all that—I believe it to be utterly untrue—at first I could detect no delusion about Varney; but his delusion is that he has been the subject of persecution by the parochial authorities from whence he was sent, and by the officials of the Asylum where he has been—I think there is no foundation for it; I believe it to be a delusion—I have not heard him use threats against any persons—he was not violent when' he talked about these persecutions, he was quiet and calm—I was not able to defect any other delusion—I tried to discover—I have read the account of what took place at the inquest and before the Magistrate—I was informed that I should be required to give evidence on this subject a few days after the lunatics were placed under my care.
MR. SERJEANT BALLANTINE. Q. Is it a fact that lunatics may have a delusion upon one subject and yet reason correctly upon others? A. Yes—persons labouring under delusions may state facts correctly; their memory is not necessarily affected from their having a delusion upon one subject.
Upon Samuel Clark, one of the lunatice, being called, MR. ROBINSON submitted that, as further evidence appeared upon the depositions relating to the state of mind of the witness, the prosecution should first lay that evidence before the Court, as, primd facie, the evidence of a lunatic was not admissible. MR. SERJEANT BALLANTINE called the attention of the Court to a ruling of Lord Campbell's, that before such a witness was sworn he might be examined, and that witnesses might be called to prove circumstances calculated to show him an inadmissible witness. MR. ROBINSON referring to REG. v. HOLT, and to a passage in Archbold, submitted that where it was shown that the lunatic had no lucid interval, his evidence could not be received. MR. JUSTICE BYLES observed that in the case referred to it was distinctly laid down that, primd facie, the evidence of a lunatic was admissible, and at present there was nothing to exclude the testimony offered; when the medical witnesses were called, any cross-examination could be addressed to them upon the subject.
SAMUEL CLARK . I live at Grove-hall—I remember residing at Colney Hatch—I know the two prisoners—I know their names—they were two attendants at Colney Hatch—I knew a man of the name of Swift—I was not acquainted with his death until the Tuesday—on the Saturday I saw him taken from the airing court into the ward—that was about ten minutes to 5 o'clock—Vivian caught hold of him with his right hand—he went to take him by the collar, and the man said that he would go where he pleased with him; he simply dropped his hand, as though I was going to take hold of this gentleman's arm—Mr. Slater was there—there were some men coming in from walking round the building, from the airing; Mr. Vivian met Slater
as he was coming in, and said he had been waiting for him, as he could not keep Swift out of the ward; Mr. Slater immediately said, "We had better have him in at once"—they took Swift into the ward and threw him down, by catching him by the collar and tripping his feet from under him—Vivian did that—he tripped his legs from under him—he fell on his back—they then kicked him, and punched him—and jumped on him with their knees, and stamped with the foot on his chest; here (pointing it out)—they put him into the padded room after that—they went in—I could then hear the noise of their ill-treatment, and him calling out—it might be about a quarter of an hour or twenty minutes that it lasted—I heard him call out "Murder!" once; and he was calling out not to be kicking of him, ill-using him in that way—as I went in from the airing court I saw him in an inclined position—he was in the padded room—I went from the airing court into the ward—I could then see into the padded room—Slater and Vivian were there then—I saw Slater's hand on his head, and he drew up his legs as though to shift his position—Slater just looked round towards the door as if there should be a rush by the patients from the noise that was made; it could have been heard all over the building—Slater had his hand on Swift's head, and looked round towards the door—Vivian was on his left, standing erect—Swift was lying in his back with his face towards the airing court, and as the patients came in he drew up his legs—the patients came in from the airing court; that was the ward for them to come in; Slater said, "We had better have them in as it will be heard all over the building"—he gave the word immediately for "All in"—I went into a recess and sat down—I did not see anything more—Inever saw Swift again—when he was put into the padded room he was partly undressed—his trousers were down—he took off his stockings, shoes, coat, waiscoat, braces, and handkerchief—I did not see whether he was more undressed than that before Slater and Vivian left.
Cross-examined by MR. METCALFE. Q. You say the noise could be heard all over the building? A. On that side—it could be heard by a great number of persons there; other attendants as well—I saw them kicking him; the number of kicks might be three or four or half a dosen—both of them were kicking him as hard as they could—they kicked him in the side' the ribs—they did not kick him in the face at all—Mr. Slater also stamped on his chest—he dropped with his weight with his knees on his trunk—it was both stamping with his foot and with his knees—he kicked him on hte chest with his foot once, and dropped on his stomach with his knees, about twice—he got up after he had dropped, and then dropped again; just to drop his weight—the kicks were very violent—Slater also punched him with the fast—that was in the ward by the side of the door—the blows bit him in the side—they were as hard as he could hit him—the blows were always in the ribs—they were before he was on the ground, and theydid the same when he was onn the ground—I could not say how many blow were struck with the fist, because I was walking to and fro; as I was not continually looking in at the door it might have been more than what I saw—the ill-treatment was both inn the ward and in the padded room—I could see at times what was going on in the padded room—there were two of three kicks also in the padded room.
Q. You have been ill-trated, you have been poisoned, have you not? A. I have been severely ill treated there myself—I have had something that has done me injury; I have been scarcely from under the doctor's hands since—I have had the poisoning on several occasions, before I came
to Colney Hatch—I was out in Sydney once when I was poisoned—that was not the first time that I was poisoned—I do not remember what the first time was—I was poisoned a short time before I went to Colney Hatch—I was then in the parish of Shoreditch—I can't say how many times altogether I have ben poisoned; a good many—I am very nervous, and it does not ake much to make me so—Swift complained to me the same day; on the Saturday; about 4 o'clock, or close on that—that was previous to the jumping or kicking, before we went to walk round the building—he complained of his ribs being nearly broke—he told Mr. Verrey that, and made use of foul language at the same time to Mr. Verrey—he called the two attendants out of their names—he complained to Mr. Verrey on the Saturday, of these two attendants—he said that these two brutes had nearly broken his ribs the previous evening—I first mentioned the stamping and kicking, about the 2d of August, before the Commissioners—I said to Varney, when I heard of Swift's death, that I should mention what I saw—I did not at that or any other time tell Varney what I had seen—we were going to enter on the subject, but I turned away as I did not wish to enter into discourse—I did not mention this to anybody, not even to any of the patients, until August—Varney said that it was pretty work that was going on, but it would not last always—I heard of an inquest being held—I was examined before the Magistrtes—I mentioned this to the Magistrates, about his death only—Varney told me about his death—I told the Commissioners that Varney had spoken to me about his death—I had not told what had occurred—I did not tell the Commissioners, that I am aware of, that I had told Varney all that I knew-I had been talking to Varney abut other things, but not concerning what had occurred—I did not tell Varney about my being poisoned so often—I did not tell the keepers at all about my being poisoned—I have said that I had been injured—I am quite sure that I never told Varney that I had been poisoned—I did not complain to him at all of anything that had been done to me—I have not, at any time before I went before the Magistrates, told anybody that I mentioned all these circumstances to Varney—I was questioned upon that point—Varney had acquainted me about his death, but I turned away when I saw he wanted to enter into the discourse of what they had done—I was asked if I had told Varney what had happened, and I said no; I had spoken upon other things, but not on that; that was on 2d August—I said I was not aware I had told Varney what had happened about the kicks and blows—I am pretty well certain that I did not tell him.
Cross-examined by MR. ROBINSON. Q. Whilst you were walking to and fro in front of the door, were there any other persons walking there too? A. The two attendants and the patient Swift, and somebody else out in the airing court, walking toand fro also—I know a person of the name of Overall—he is patient-he could not see into this room as he walked—he was nearer to the door than I was—he did not pass the door—he came up to the door and went back again—he could hear all the noise—he went to and fro, hearing the noise all the time—he did not look in at the door: he checked me for going near; as I was drawing near, he said, "Don't go there; they will take you in directly"—Overall was in the asylum when I left—I know a person of the name of Hetherington—I did not see him out in the airing court—his place is generally in the ward all the day; he scarcely ever goes out the same as the remainder of the patients—they took off part of Swift's clothes when they got him into the padded room—they left on his trousers and shirt—he might have drawed his limbs from them—
every time they gave any blows or kicks he drew himself from them, but he never struck, or showed any signs of resistance at all—this kicking and stamping continued nearly an hour, and during that hour they were frequently kicking him as hard as they could kick him—they had their boots on—during the whole of that hour he was screaming as loud as he could scream.
COURT. Q. Is that so? A. He made use of the words, to kill him; not to be kicking of him in that kind of way; that was the last I heard, and then his voice seemed to get fainter after; it had such an impression on me as I sat, I got that timid, it had that effect on me, the same as if I went off into a sleep—I went into a recess of the room that leads into the padded room, in the ward, and went to sleep, after the made use of those words.
MR. SERJEANT BALLANTINE. Q. Did Swift say at what time the violence had occurred that had nearly broken his ribs? A. On the Friday; he did not say at what hour—I been a soldier—I was serving at Sydney, in Australia.
WILLIAM VARNEY . I have come to-day from Grove Hall Asylum—in the mought of May last I was living at Colney Hatch, in No. 11 ward—I remember a patient named Swift—he was brought into that ward on Thursday 10th May, by the attendant Gann—he appeared pretty well—he was talking erroneous—he sat at table at meals with me, on the opposite side of the table—I remember his taking his supper there on Thursday evening, he appeared as usual them.
COURT. Q. What had you for supper? A. Bread and cheese and half a pint of beer.
MR. SLEIGH. Q. Did you see him next morning, the Friday morning? A. Yes, he was as usual then—I saw him at different times during the whole of that day till supper time—I dined at the same table with him; he appeared quite well—we had meat, vegetables, bread and half a pint of beer for dinner—it is served out so much to each person—he ate all his dinner that day—I talked to him of Friday, but he did not talk anything but nonsense—after dinner we were amusingourselves playing cards and draughts—I saw Swift there then—he was talking erroneously at that time—the prisoners Slater and Vivian were in the ward; Swift was talking and making a noise, and Slater spoke very roughly to him, and told him to go away down the gallery—he was not making much noise; he was merely talking erroneously—Slater then attacked him immediately, so that he had no time to go down the gallery if he wished it—he seized him and threw him down, and dragged him along the floor to the padded room—it is about eleven or twelve yards from where Slater took hold of him to the padded room—this was nearly 2 o'clock, after dinner—from the place where we were playing cards and draughts I could see into the door of the padded room quite plain—while Slater was dragging him along the floor to the padded room Vivian was close to him, and they both went in and took Swift with them—I heard him cry out when he was taken in; he halloed out "Oh," and "Oh, Lord," several times—I heard a lumbering about as it persons were striking or kicking him, or throwing him down; there was a great scuffle—I should say that continued between five and ten minutes, it might be about ten minutes, I cannot say—I did not see anything more of Swift that evening; he was not let out till Saturday morning—I saw him then
about 7 o'clock, he sat down to breakfast with me; but I heard him talking to Slater at the bath-room door—he complained to Slater of being hurt inside—he said it was too bad to kick him so, and he put his hand up to his breast in this manner—Slater seemed to take but little notice—he did not talk violently to Swift at that time—Swift ate his breakfast that Saturday morning—I saw him during the day in the ward, he appeared very much hurt in sitting down and getting up—I noticed that—he dined on that day at the same table; he ate it all to the best of my knowledge—after dinner that day we went out into the airing court—I went out of the building that afternoon, we went to Southgate to paly at cricket, and I left Swift as usual—I returned again about seven or ten minutes past—when I went into the ward the door was shut—I heard Swift in the room—I did not see anything of him—I never saw him again.
COURT. Q. What did you hear? A. I heard that he had been put in the padded room—Cross-examined by MR. METCALFE Q. Were there many people playing at cards with you? A. There might have been seven or eight playing at draughts and cards, including the attendants—I do not know whether Clark was one—I did not notice him while this was going on, on the Friday—the other seven or eight could have heard, they were close to him—the cries were rather loud—some part of the time he could hardly be heard, as if he was choked; I should have mentioned that I heard him speak to Slater about his chest on Saturday morning—he said it was too bad to kick him so, and he put his hand just about here (across his chest)—he did not complain further than that at that time—I noticed he had a difficulty in sitting down and getting up—he appeared pretty well in other respects—I have been in Colney Hatch Asylum two years—I have been in No:11 ward the whole time, with the exception of two days—I was removed from Hanwell to Colney Hatch—I was at Hanwell ten years.
Cross-examined by MR. ROBINSON. Q. Were you in the store at Hanwall? A. I was in the store for about three months—I assisted there as a patient—I was not dismissed from it, I left of my own accord—I had no wish to continue there—I made complaints on account of being ill-used there—I made it know to the Commissioners of Lunacy once—I was ill-used several times by different persons, they were attendants at Hanwell—I considered it was a serious annoyance that I complained of—they made me shave thought the doctor said he had no objection to my heard—when I was there a little time I had a little knife, I did no dney it, I showed it to the doctor, I said I would give it him if he would give it back—he said he would rather not—he immediately rang the bell, brought the attendants on me, drove me into the refractory ward, cut all my beard off, knelt on me in various ways, and hurt me a great deal—that was one of the complaints—then he ordered them to give me a shower-bath and on another occasion he ordered pumice-stone—six or seven of the strongest men in the ward held me while they pumice-stoned my face and severely injured me—they cut through the skin—they continued doing that a few minutes—I was hurt—the wounds on my face were clerly to be seen—the attendants said it was the doctor's order—he was not present—I complained of being struck again—the attendant cut me one morning through the ear—I showed it to the doctor and he laughed at it—in a few days it was well again—I do not remember whether there was any other complaint I had to make at Hanwell—I was not employed in the store at the time these complaints
were made, I had left it—I left the store myself—I pleased myself whether I left or not—I expressed a wish to leave the store and I was allowed to do so—I had little odd jobs—I had mo accounts to keep—I went in the garden there, and I was in the garden before I went in the store-room—I did not do as I liked—I could go to work when I pleased, and leave off when I pleased—I have not had any conversation with Clark about this matter, not particular—I have seen him once since he has been in Grove Hall—I remained in the refractory ward up to the time of my leaving, except two or three days—I saw Clark for some time after the death of Swift—he was in the ward at the time of the death—he was moved before I was—I might have spoken a word to Clark about the death of Swift, but nothing particular—he heard about what I had seen on the Friday as much as I did, he was up there—I know he was in the ward, but where he was I cannot exactly say—I said nothing particular to Clark on the Friday—I have spoken a little to Calrk about this matter, but not at Grove Hall—I might have spoken to him the same as I did to others in the ward—I talked about it to several in the ward—there were several talking about it, nothing particular—there might have been eight or mine, or more, patients who saw this on Friday afternoon—the patients were all in the ward—there were about forty of them, whilst the violence wasw going on—there were somewhere about forty patients in the ward—I believe Clark was there too; I know he was—they did not take more than a quarter of a minute to drag him along, but they might have been about ten minutes, or less, in the padded room—I saw them come out—I heard cries from the padded room—many of the other patients did not take any notice; some are very different in their ways to others—I have not stated it all to you, when I came down on the Sunday morning the padded room was empty, and I heard that Swift had been taken away some time in the night—I cannotsay whether Clark has had a conversation about it with the patients.
MR. SERJEANT BALLANTINE. Q. You say there were about forty persons in the ward; it is divided into an airing court and other places, is it not? A. The airing court is attached to the ward.
COURT. Q. Have you ever seen Swift violent? A. No; I never saw him attempt to strike any person.
DANIEL FLETOHER TYERMAN . I am a member of the College of Surgeons, and medical superintendent of the Coloney Hatch Lunatic Asylum—in the early part of May last there was a patient named Swift under my care—he was one of those who are considered dangerous lunatics—I remember his being moved on 10th May, I think, to No. 11 ward—it is a long building, perhaps 150 or 160 feet in length, with a recess in the centre of it towards the west, and a large exercise or airing court, into which one of the doors of the ward opens—during the day the patients would be in different parts of that ward, over the whole of that space.
COURT. Q. That is, in fact, the refractory ward? A. It is; it is one quarter of the establishment which is appropriated for the effectual management of very refractory patients—the recess is under cover—it forms part of the ward.
MR. SERJEANT BALLANTINE. Q. The recess you speak of is that portion of the ward in which the patients dine? A. It is so—the number of patients at the beginning of May varied from about forty to forty-nine—there were three attendants at that time for the whole number—adjacent to this airing court is another ward which also opens into it, and where there are more patients and more attendants—I believe I saw Swift on 10th
May—I know I was in that quarter of the establishment once or twice—I do not recollect seeing him at this distance of time—I recollect seeing him on more than one occasion before his death—I did not at that time feel his pulse, not in the interval from the time he had been removed into No.11 ward—I heard of the attack he made upon Gann—on Saturday evening, the 12th Slater came to may residence and gave me information—it would take a minute or two to get to my residence from the asylum—he came between half-past 7 and a quarter to 8—he told me that the patient Swift was very ill, if not already deceased—he led me to suppose that his state of danger was so great, that I might possibly find him dead when I got there—he said that Swift was very ill, having had a fit, I think—I immediately accompanied Slater to the padded room, and found Swift lying upon the mattress, straight out upon his back, with his night-clothing on, dead—there was no contraction of the muscles or anything of that kind, he was quite straight out—I observed on mark of external violence on the right side of the stomach, a large bruise—Slater stated that he had fallen in a fit in the ward—I asked some particulars about the fit, of Slater and Vivian—I asked them on the circumstances of his death, and they told me that he had a fit—I am not quite sure at this time whether there were not two fits described—I think so—I am pretty certain it was first stated that he had a fit from which he partially recovered, and appeared better, and that then he appeared worse and was palced in bed—I am not clear what was said about another fit—I do not distinctly recollect whether it was worse I am sure, and then was palced in bed—it would be my duty to make a report of any matter of that kind-Slater and vivian said it was an epileptic fit—the post mortern examination was made on the following Monday morning in my presence—they told me they left him to attend to the other patients, who were then, I think, at supper—they both agreed as to that—I forget which first stated it—there are so many thousand fits occuring in the course of the year that it would be impossible to fetch a medical man to every individual fit that occurs to an epileptic—there are, perhaps, 30,000 or 40,000 in the course of a year, in one department alone; but if any extraordinery circumstances appear, if the fit does not pass off, and if there is any danger, it is the duty of the attendant to fetch a medical man—during the time Swift had been under my care he had not suffered from epilepsy to my knowledge—I think I have recollection enough of the post-mortem examination the answer you the particulars—a great portion of the arch of the chest was fractured on both sides, across the sternum—there were several ribs on each side broken and the breast-bone was also broken across—the sternum is the centre of the chest, and that was fractured across, about the centre—there were two slight ruptures of the liver—there was an extravasation of blood in the abdomen to the extent of two or three pints, I presume coming from the ruptured liver—there was no appearance of inflammation in the liver—with regard to the chest we found some serous effusion into it which was evidence of a certain amount of excitement in the membrane, the pleurathat was in the pleural cavity; the cavity at the side of the chest—there was an effusion of serous fluid into the chest which was tinged with blood—there was no symptom of inflammation about the lungs—I should say that the fracture of the arch of the chest down on each side and across was not accompamied
by displacement of the bone—there was no depression of the bone, no fragments of bone pressing on the lungs; there was no manifest appearance that the bone had at any time penetrated—the nature of the matter that was deposited, of which there was an effusion, was a bloodtinged fluid; at all events tinged with the colouring particles or colouring matter of the blood—it was reddish, blood-stained—that was in the chest—it was on one side of the chest here (pointing to his own chest), the cavity which contains the lungs—I could tell you by looking at my notes on which side it was—I made these notes at the moment of the post-mortem examination on the Monday following the death of the patient—I had not then heard of any complaint against the prisoners in reference to this paticular case—I had heard of the attack upon Gann by the patient and nothing more—I had not heard of any alleged attack by these two persons in the most remote degree—these notes were all made at the same time—probably this first memorandum might have been made before I went into the autopsy room, but just at the moment, (reads:) "William Swift, aged 54, admitted apparently paralysed, 24th February, 1860—recovered to a great extent and became stout and muscular—epilepsy—evening of May 12th, died between 7 and 8 p.m.—married—a labourer—great violence—lately attempted to throttle master of workhpuse of Aldgate, and also and attendant Gann, at Colney Hatch"—I did not get any of the particulars I have just read from the prisoners—now I come to the autopsy"Right ribs 4th, 5th, 6th, 7th, 8th, and 9th; left 4th, 7th, 8th, 9th, and 10th; echymosis of left costal pleura"—that means the external portion of the pleura—"An effusion of three ounces of sanguineous fluid in right pleural cavity; echymosis of right costal pleura; sternum fractured across the centre; lungs cretefied, tubercles of right sper, generally healthy and moderately collapsed"—that refers to the lungs—"Heart not well contracted; right side empty; left side also empty and not well contracted; a layer of blood in the under mudiastinum—abdomen, a large quantity of partly coagulated blood in the abdominal cavity—liver, laceration two inches long, not deep, at the anterior surface of left lobe of the liver; slight superficial laceration on right lobe; mark on the right face and neck and lower part of right ear; bruise and ecchymosis underneath the abdominal integuments at right of umbilico; slight bruise onn right wrist; outer side—brain, before dissection 55 3/4 ounces, after, 54 3/4 "—there is the figure of "I" which implies that there was a loss of one ounce of fluid passed into the liver from old disease of that organ—the heart was wholly untouched by any fractured bone—it did not appear to have been touched.
Cross-examined by MR. METCALFE. Q. Had you, previously to coming here to-day, shown these minutes to the attorney for the prosecution or to any one on the part of the prosecution? A. I read my evidence from these notes before Mr. Henry, the magistrate at Bow-stret—I had the book in my hand at the time—I have not been asked for it; as far as I am aware no one on the part of the prosecution has looked at these minutes at all, nor asked to loook at them—this form of paralysis would affect the patient so as to make him more insensible to pain; I think it always does so to a greater or less extent, paralysing the nerves—the nerves are in a peculiar condition under this form of paralysis; I should explain that it is not the ordinary form of paralysis, but a form almost entirely peculiar to the insane—during the first appearance of these symptoms, it is not necessarily accompanied by any want of physical power in the body, but it is accompanied by a want of regulation of that power; there is a want of regulation of the muscular movement—it undoubtedly makes the person more insensible to pain—at times
I think perfectly so—they do not under that state manifest evidence of pain under severe injuries, fractures—I have known cases of patients with that form of insanity endeavouring to go about their ordinary occupation with broken limbs of bones, and also in another form associated with epilepsy, in a way that a sane person could not do—I have known that occur in Colney Hatch Asylum with persons whose ribs I have subsequently discovered to have been broken—I have noticed and reported such cases, and carefully attended to them for the purposes of science; I remember the case of a person there who fractured the left clavicle or collar-bone, and he did not appear to suffer the least pain; he moved his arm almost as freely as before, somewhat to my astonishment—a sane person could not have done that—there is a wide difference between the two—I remember another patient who, in kicking at the door of the padded room, fractured the left patella or knee-cap; he walked about with a considerable amount of facility a few days afterwards without any apparent pain whatever; that could not have been done by a person perfectly sane and having the usual amount of feeling, not in a state of sobriety, a person intoxicated might possibly do so; the nervous system alters—I remember a patient dying rather suddenly from collapse; at the post-mortem examination I found that several ribs were fractured, they were comparatively recent fractures, I mean wihtin a few days of his death; between the time of the accident and his death I saw that man walking about in his usual way—he made no complaint; on the contrary, on the morning of the day he died he said he was quite well; upon further post-mortem examination extensive fractures of the ribs on both sides were disclosed, and injury to the pleura—nothing whatever was known of it up to the time of his death—the cause of all that, occurred three or four days before—an inquest was held in that case—I have known repeated cases where patients have suffered injuries of this description without any appearance of pain—I have been connected with lunatic asylums for twenty years, as superintendent of the Cornwall Lunatic Asylum and that at Colney Hatch, and during that period I have seen many cases—such cases are constantly occurring under the eyes of most scientific men—Dr. Forbes Winslow is an authority on these matters—the paralysis of which I have been speaking is a form which supervenes upon insanity—I have been in court during the greater part of the day—I have heard the description of the violence said to have been exhibited by the prisoners to the deceased immediately before his death—I do not think it could possibly have taken place without leaving some mark upon the external system, beyond the mere bruise that I discovered—a single blow may cause death without leaving any external mark—I should not expect that a great number of very heavy blows and kicks, such as have been described, could be inflicted without leaving any external mark—the immediate cause of death was h✗morrhage from the liver, producing collapse—if the bones were fractured on the Wednesday without being displaced, a fall on the Saturday, in consequence of a fit, would tend to displace them more than if they had not been previously fractured—the ruptures of the liver were not in the immediate vicinity of the fractures—there were two normal ruptures—I should suppose that the liver would be more likely to be ruptured in consequence of losing the protection of the frame-work—I could trace a connexion between the bruise on the upper part of the abdomen, and the disruption of the liver—there might be a possible associated between the two in this way, that a very heavy blow upon the abdomen might cause rupture of the liver—I believe it possible that the bones may have been broken on the
Wednesday—if a heavy blow was struck under the breast-bone on the Wednesday, and then a fall immediately took place, that would lead me to consider that the bones might have been broken on the Wednesday—there was nothing in the result of the post-mortem examination to prevent my believing that—the crushing in of the chest might have occurred with greater case after the first fractures, and that might of course lead to rupture of the liver; might facilitate it raterh; it might happed at the same time—the wtness, Clark, has been under my eye during the whole time he has been there—I think he is not a creduble witness—if he came and told me any ordinary matter, I should sift it before I believed it—I have found him constabtly subject to delusions—I cannot say that I remember much of the particular delusion as to being poisoned—in conversation with him I have found him uttering a great number ofdelusions—Varney is also subject to delusions—I should not in any matter of my own, or if I were on a jury, rely upon either of them.
Cross-examined by MR. ROBINSON. Q. What is Varney's particular species of madness? A. His history is somewhat a long one; I have his notes in my pocket—it is what is called homicidal mania, that is, a disposition to take life and conspire against the lives of others—I would not rely upon anunsupported sttement made by either Varney or Clark—if they told me they had not had theri dinners, I should make inquiries; I certainly should not believe it without—I reside at the asylum, I have a house within the precinots—it is not my exclusive duty to attend to the lunstic patients—I also attend to a large staff of attendants and servants connected with the establishment—I am constantly attending to all the patients—the fracture of the ribs produced no displacement—Swift was a very heavy, powerful man—severe pressure would have the effect of increasing such a fracture—if the ribs had been fractured on the Wednesday and he was afterwards carried in to anotehr room, it would not surprise me if from the pressure a portion of the ribs penetrated the plebura, if the proceeding was conducted in a rough manner—if there was the slightest resistance on his part that would, of coursr, tend to increase the mischief already begun—the ribs, when perfect, form a perfect arch, and at that adult age would resist a vast amount of pressure—when cracked the principle of the arch is entirely gone—the pleurs is between the ribs and the lungs—the liver is situate within the ribs, at the lower part of them; it hardly extends below the ribs in its natural condition—it may be felt under the ribs—supposing the continuity of the arch is gone, pressure of a powerful nature on the chest would have a tendency to rupture the liver—the effect of pressing on the ribs when the continuity of the arch is gone, would be to contract the space beneath the ribs, and, therefore, force the fluids of the body downwards towards the liver—I should say that a person who had gone about with his ribs slightly fractured, but not displaced, would be much more likely to have rupture of the liver, caused by a slight stain, than if there had been no fracture—I have read Dr. Taylor's Medical Jurisprudence—I deo not recollect an instance where a person on horseback, making a sudden turn, has ruptured the liver—it would not surprise me that a person in comparative health should rupture the liver by a sudden jerk, or turn, or fall, if it was of a violent character—I am not very much acquainted, personally, with ruptures of the liver—I have seen very little of them, they are not very common—it is quite possible that there may be a partial paralysimg of the nerves of sensation, without the nerves of the will being in any way affected—all the patients in the refractory ward at his time, except fourteen
would sleep in different rooms—there are two dormiteries, containing fourteen patients, all the rest are single rooms, and that ward contains about thirty-four beds—they go to bed pretty much at the same time—there are only three attendants in that ward—there were two at the time of Swift's death—I was examined before the coroner, Vivian was also eramined—Slater was not, nor do I remember Verrey—I believe Gann and Reed were.
MR. SERJEANT BALLANTINE. Q. You do not attribute the fractured ribs and sternum to the blow that you discivered the external mark of? A. I do not; however, the ribs and sternum were fractured, there were not external marks to indicate anything of the kind.
DR. WILLIAM TUOKER . I am a member of the College of Surgeons, and also a Doctor of medicine—I am one of the assistant medical officers at Colney Hatch—I was so in May last—I recollect seeing Swift at No. 11 ward, on my visits—the last time I saw him was between one and two o'clock on the Saturday afternoon, the day of his death—I examined him then as to the state of his health—I felt his pulse; it was moderately good, as good as usual—he did not make the alightest complaint to me—in my observation there was nothing whatever about him to indicate that he was in any different state of health to what he had been previously—I saw him on the Friday; he appeared perfectly well on that day.
Cross-examined by MR. METCALFE. Q. On Saturday morning did you see him at all? A. Yes; between 12 and 1 o'clock—he was then apparently perfectly well—he made no complaint of any violence on the Friday—I have been in Court to-day, and have heard the description given by the two patients of the violence used towards this man—it is possible for great interual injuries to occur without any exterual marks of violence—I should scarcely believe it possible for so many kicks, and so many blows of the fist, and the stamping, and all that, to have occurred without leaving any mark of any kind—I do not think it possible for a man to be kicked about for half-an-hour in he way described, without leaving traces or marks of violence behind; it would be very unlikely—I have been 13 months in the Asylum—from personal observation during my residence there I have known cases of insane patients, suffering under that form of pamlyais, where they have suffered very heavy injuries, and yet have felt no pain—I had a man under my care whohad both the bones of his right leg broken, and he stripped off the whole of the straps as fast as I put them on, and walked about the ward on the stump—he did not appear to feel the slightest pain; he did not betray any of those marks that a same person must necessarily have done—I saw a portion of the post mortem—I certainly believe it possible that the fracture might have occured on the Wednesday—assuming that to have been so on the Wednesday, and the fall on Saturday in consequence of a fit, or in consequence of being carried int a room, or in consequence of a struggle, I think it probable that the rupture of the liver would be more likely to occur then in, consequence of the want of protection of the framework round it—if the ribs had been fractured previously, any additional violence might cause it—I think a man with such fractured ribe might have walked about in the ordinary way without appearing to feel any pain—the patients Clark and Varney have not been under my care; they are under the sole charge of the medical superintendent, Mr. Tyerman—I have seen them in passing through the wards—I have not seen sufficient of them to form any opinion upon their being competent to give evidence.
MR. SERJEANT BALLANTINE. Q. Do you think that when you felt his
pulse on the Saturday such a fracture could have existed without your discovering it? A. I think it possible with a man of Swift's condition—I think that he would not make any complaint of of—in this fracture there was no displacement at all; they were merely simple fractures without any displacement—I think it possible that that might be without my discovering it—I think it possible that all these fractures could have existed, and the breath not be seriously affected, so long as there is no displacement of the bone—I think certainly that if there had been an effusion of the quantity of blood mentioned, into the abdomen from the liver, it would be discoverable by the pulse.
COURT. A. In your judgment as a medical man, do you think these fractures had existed since the Wednesday? A. I had never seen anything of the sort before; I am not in a position to answer that question.
COURT. Q. do you agree with the account which Mr. Tyerman has given of the condition of the body after death? A. Yes; there is only one little discrepancy between his and mine—I think Mr. Tyerman described the effusion of the serum and blood to be in the right pleura; I made the examination and I have just mentioned to Mr. Tyerman that, according to my notes, it was on the left side—I think that is the only discrepancy that I observed.
Cross-examined by MR. ROBINSON. Q. I believe your judgment is, the from what you saw of the state of the ribs, it was more likely to be occasioned by pressure than by direct blows; is not that you impression? A. Decidedly—I am not a qualified member of the college—I have been very much in the habit of dissecting—I should think I have examined 800 or 1000 bodies of all kinds—supposing there had been violent kicking and stamping on a man in the upper part of his body, when only covered by his shirt, I should expect to find marks; but I find nit recorded that there are many case in which there are no marks—I should expect to find marks; that is according to my experience.
RICHARD PARTRIDGE . I am one of the senior surgeons of King's College Hospital, and am also Professor of Anatomy—I have been so for twenty years or more—I have been in Court during the whole of the evidence, and I have heard the condition described upom the post-mortem examination of the deceased—taking that as the basis of my opinion, I believe the proximate cause of death to have been collapse; fainting, arising either from the loss of blood from the the liver, or the effect that a very severe accident of any kind always had on the nervous system—supposing the injuries described on the chest, the ribs that were broken, and the sternum, to have taken place on the Wednesday, I do not believe that that person could have walked about, eaten, his meals, and appeared to be in good health up to the Saturday; I do not believe it to be possible—I understand that aboput eleven ribs were broken, besides the breast-bone, and that a great part of the chest was injured; that would consequently impede the breathing, therefore there would be a change very obsefvable in the mode of breathin, and dependant upon that would also be a chagne in the pulse—it would probably by hard, provided he had recovered from the immediate effect of the accident, the collapse, which must be presumed if he had lived for a day or two after—the effect on the breath would show itself externally, thus (descrubing it)—we breathe with regularity, a certain number of times in a minute, with more or less tranquillity
but there would be a diffuculty in drawing his breath if the walls of the chest, the ribs, were extensively broken, and especially if the breastbone were broken; and itr would exhibit itself externally in the way I have described—I should call it a panting, a hard and struggling breathing—it would not prevent his eating his food—the same appearance of breathing would be visible during the time of his eating—that appearance of breathing would be continuous—it is not such an appearance I think as to escape the attention of a medical man—I heard, likewise, of the rupture of the liver, and the extravasation of blood in the abdomen—supposing it to have occurred on the Wednesday I think that quantity could not have been discoverable; the liver may be ruptured to the slight degree I heard without any very manifest symptoms, but if I recollect rightly about two pounds, that is, about two pints, of blood were lost out of the liver—I cannot come to any very distinct conclusion on that point, as to when it was done—those injuries were inflicted, I should think, shortly before the death, perhaps a few hours, certainly, I should say, not more than a few hours—with these particular injuries a lunatic, or a person in any condition of body, would not be able to alter the state of his breath—the difference between the mode in which a lunatic sustains an accident is this, that a lunatic having broken his collar-bone, or his thigh, or his arm, say his thigh, will do what a sane person will not do, attempt to stand upon it; and if the limb is capable of sustaining him he may do so, or he may make a blow with his broken arm, and he does not manifest any sense of pain, but if his tongue is cut, or his chest is broken in, that is, his sense of talking or breathing, then his lunacy would not help him to carry on the functions of his body any more than in the case of a sane person—the puse would be different if the loss of blood had taken place at once; if it had been gradual loss it might not—it was a very slight wound of the liver, which is an organ that bleeds very profusely when injured—if the loss had been gradual it might not have affected his pulse manifestly, but if it had taken place within the moment, the half hour or so on, it would affect it—supposing injuries of that kind had occurred on the Wednesday and the death on the Saturday, I should undoubtdly have expected to find symptoms of inflammation—that applies both to the injuries of the chest and liver, but more especially to the chest.
COURT. Q. If the injury was on the Wednesday you think there would have been symptoms of inflammation by the Saturday? A. Yes.
Cross-examined by MR. METCALFE. Q. In giving that opinion about the breaking of the ribs, and the consequent effect upon the pulse and also upon the breathing, are you assuming that the chest was knocked in, or merely that the bones were fractured? A. Merely that the bones were fractured; not necessarily displaced—I am presuming that they were not displaced; I understood that they were not; not at all—certainly there would be considerable impediment to the breathing, in my judgment and experience in such cases—the muscles which assist in breathing are attached to the ribs, and the ribs being separated, they would lose their purchase—some of them come round the sternum, they lie between; others are attached—supposing the sternum were ruptured to actual separation, and assuming the cartilage was not displaced, that there was something still which held it together, I think that it undoubtedly would affect the muscular system; the mere breaking of the bone without displacing the cartilage round it—that alone would affect the breathing, to such an extent, that any observant persons, such as these gentlemen who have been examined, must notice it—I have had no experience of the intelligence of keepers of asylums, but I think you
would observe it; any intelligent person would—within a couple of days or so it produces an uncontrollable tendency to cough, the irritation is so great and uncontrollable, even by a person suffering under the form of paralysis which induces the absence of pain—notwithstanding all those conditions, I still think that an ordinary person would obseve the difference; these are involuntary muscles and not paralysed by the kind of palsy so described—supposing the system of the chest to be broken and not displaced, I should say a patient would not feel any difficulty in sitting down or getting up—I do not think a sane person would move about much; how far a lunatic would do so, I cnnot say—I have seen accidents occurring to lunatics brought into hospitals, but have had no further practice amongst lunatics—a person may break two or three ribs or more and be almost unconscious of it; it depends upon the rib—I should not like to venture to define very accurately how much of the sternum or how many of the ribs may be broken without the person betraying these symptoms; but the breaking of a breast-bone is a very different thingt from the breaking of a rib—I think that the sternum is searcely ever broken without the ribs being broken; I never saw it—I should not like to say how many ribs might be broken without showing the symptoms; a great point is finding so many ribs broken—I do not know of an instance of the breast-bone being broken without the ribs, except by one shock—assuming the breast-bone or one or two ribs to be broken on the Wednesday, it might happed that from a little extra violence, a fall or anything of that sort, the rest would follow and the other ribs would go; it would be more likely; it would depend upon where the breast-bone was broken—supposing the main bone of the breast to be broken through and one or two ribs to have gone with it, the rest would be more likely to break from want of support—I never saw the breast-bone broken without considerable innury to the ribs; I do not conceive it could be broken alone.
Q. Having heard the evidence of the number of kicks, the stamping, and the blows of the fist, do you think all that could have occurred without leaving any marks at all externally? A. I have seen such extraordinary injuries without any external sign, that, although I should certainly have expected there would have been marks seen, I would not say that it was impossible, but I should have expected marks on his body—if it was possible with one blow, every additional blow would render it more improbable—I think the effect of the kicking would be more likely to be seen than the stamping.
Cross-examined by MR. ROBINSON. Q. You have never had the superintendence of a Lunatic Asylum? A. Never; I have had rather more than the casual cases of a medical man—I belong to a hospital nad, of course, lunatics, like other persons, come there; no further than that—the ribs are surrounded by a membrane—the lungs might play without much difficulty if only one or two ribs were broken, and there was no displacement; but not with eleven ribs—I have known it occur with two or three, never with eleven—it partly depends upon the ribs; these were from the fourth—I have never met with an instance in which there have been more than three ribs broken where the breathing has not been impeded—I should not be surprised at it to the extent of three ribs; I have seen one, two, or three ribs broken, and not felt, till the next day—I think it possible that the effusion upon the liver might have been going on for a few days—I think it possible that a partial laceration might have taken place a few days before, and that have gone on increasing till the Saturday.
DR. JAMES DUKE . I am vice-president of the Royal College of Surgeons and senior surgeon at the London Hospital—I am also surgeon to St. Luke's Hospital for lunatics—I have been connected with that hospital for forty years—in the course of my duties at the London Hospital some 10,000 or 12,000 accidents come under my observation in the course of a year, they do not all come under my observation—I have heard the medical evidence in this case and the description of the post mortem appearances—in my judgment the injuries that I have heard detailed were the proximate cause of death; I include the whole of the injuries collectively—I think it not probable that those injuries were inflicted on the Wednesday, he not suffering in the interval between the Wednesday and Saturday—I should say they were inflicted at no considerable period before death; I mean a few hours before death, so that there was not a sufficient interval for inflammatory disease to occur—I have heard Mr. Tucker state that be felt the man's pulse at 1 o'clock on the day of his death, and that it was then in a healthy condition—I do not think that is at all consistent with the previous infliction of such injuries as these—the injuries to the sternum and ribs would most undoubtedly cause a perceptible effect upon the respiration—I have heard the evidence of Mr. Partridge, and, in the main, I agree with it—I believe that insane persons can conceal pain or not feel it; but as regards the disturbance of functions, I think they cannot conceal it.
Cross-examined by MR. METCALFE. Q. Do you take in all classes of insane patients at St. Luke's? A. Not every class; they reject paralytic and epileptic cases, they are sent to other asylums—the absence of pain is not limited to paralytic patients, nor chiefly so—I do not know that there really is an absence of pain; there is an absence of expression—it arises from a dullness of the nervous system from some cause, but not necessarily from paralysis—I would not say generally from paralysis—we sometimes find insane patients suffering from other causes with an apparent absence of pain—I do not know that I have known cases where, with broken ribs, a patient has sung and danced j but I have known them move about without any apparent inconvenience, with one or two or even three ribs broken; I might perhaps go to the extent of three; they would not necessarily suffer a great deal of inconvenience—I should agree with Mr. Partridge in not going beyond the third rib—Dr. Forbes Winslow is an authority on these matters—I can easily believe that a person may walk about with a broken rib without showing any signs of suffering—I think the whole of the fractures collectively must necessarily have occurred recently—if one rib is fractured the adjoining ribs will always support the walls of the chest; even with the sternum broken it might not materially weaken the functions of respiration—a patient might not evince pain with one or two ribs broken, and the functions of respiration might not be materially interfered with—I do not mean that it was because I found so many ribs broken that I think the injury must have occurred immediately before death; but there was no evidence of inflammation—the excitement in the pleura might arise from the effusion of blood at the time of the accident—it might also be evidence of inflammation in connexion with other things; but those other things in this case were apparently absent, at least, they were not mentioned—it is because so many as eleven ribs were broken and the liver ruptured, that I think all this must have occurred shortly before death, in connexion with the absence of symptoms previous to the Saturday—I could not undertake to say how much of the injury might have occurred on the Wednesday and yet the man have lived till the Saturday; perhaps he might have lived with
the whole of the injuries, but he would have exhibited in the interval very marked symptoms of distress in his breathing—if the system had severely been fractured on the Wednesday and not displaced till the Saturday, I still think there would have been so marked an alteraton in the breathing as necessarily to have excited the attention of any ordinary person.
MR. SERJEANT BALLANTINE. Q. You have dwelt a good deal upon inflammation; assuming the injuries to have been inflicted on the Wednesday, and the death on the Saturday, in your judgment must there have been appearance of inflammation? A. I think it is highly probable.
COURT. Q. What are the symptoms of inflammation? A. A deposition of a pecular fibrinous matter on the surface of the pleura or the peritoneun, with an increased turgescence of the vessels of the parts—there may also be the effusion ofserous fluid as stated.
BARNARD HOLT . I am surgeon at the Westminster Hospital—I have heard the evidence in this case, and the opinions that have been expressed by Mr. Partridge and Mr. Duke—I concur in those opinions—if he injuries had been inflicted on the Wednesday, I do not think it would be possible that there should have been no symptoms of them observable till the Saturday.
Cross-examined by MR. METCALFE. Q. That applies to the whole of the injuries, I suppose? A. That applies to the whole of the injuries.
NOT GUILTY .
NEW COURT.—Wednesday, September 19th, 1860.
PRESENT—Mr. Justice BLACKBURN; Mr. Ald. COPELAND, M.P.; Sir JAMES DUKE, Ald. M.P. Bart; and Mr. Ald. LAWRENCE.
Before Mr. Justice Blackburn.
MR. GIFFARD conducted the Prosecution.
ARTHUR ROWE . I am a cashier at Messrs. Hoare's—Mr. Hugh Points Mallet keeps an accpunt there, and has done so for many years—about 27th July, Leete came and presented a piece of paper—I examined it and gave it back to him—it had been originally delivered to Mr. Drake, with other pieces of paper of a similar description.
JOHN LEETE . I am a provision dealer of 143, Sloane-street—on Saturday, 21st July, the prisoner came and asked if I could save her the trouble of going into the City, and give her change fer a 10l. cheque—I said that it was inconvenient at that hour, but that the probability was that in the after part of the day I should be able to do it for her—she went away and came in the afternoon, and I gave her two 5l. notes for it—I asked her address and she wrote it, "Ann Watson, 60, Westbourne Terrace,"—she gave me the cheque—I kept it till Monday, presented it at Hoares' bank, and they returned it to me without any money, in consequence of which I enclosed it to Mr. Mallett, and afterwards received it back from him—I went on the Thursday following to Mr. Drake's, 34, Chester-square, and saw the prisoner there—Mr. Drake asked her if she knew the address of a servant who had left in the spring, as a cheque had been taken out of her book she thought about the time that the party inquired about left—I said nothing to her, nor did I explain to her why I was there—she went away out of my
presence, and at half-past 8 the same evening she came to my house by Mrs. Drake's directions—I placed before her the cheque iu question, and asked her why she gave the wrung address to that document—she said that she knew nothing whatever about the cheque—she denied it for a considerable time, and I was as positive that she passed it to me, and she then made the admission that she had—I said, "Did I give you two 5l. notes for this cheque?" she said, "Yes"—I then accompanied her to her mistress's house, before whom she said she would make a further revelation than to me—her mistress asked her whether slie knew anything of the cheque, and she said that Crouch, the party who left Mrs. Drake in the spring, had sent it to her by post to pay some accounts, which she had paid with the money—I then left her—I kept the pietoe of paper about ten days, till Mr. Holder, of the Strand, called on me, and asked to see it—he gave me 10l. for it, and I gave it to him.
MR. GIFFARD to JOHN LEATH. Q. Now tell us what the cheque was. A. It was drawn on Messrs. Hoare for 10l. by H.P. Mallett—I do not remember the number of it, it was the same that I tendered at Hoare's bank, and which was refused, and which I afterwards gave Mr. Holder.
Cross-examined by MR. LAWRENCE. Q. What time did she call first? A. About 10 o'clock—I did not notice that she had a letter in her hand then or on the second occasion—I do not remember her putting a letter down on the counter—she did not tell me she had had a letter from a friend in the country—when Mrs. Drake asked her the address of a young woman who had left in the spring, she said that she thought she had it—Mrs. Drake asked her if she knew anything about the cheque, and if she thought it was in the writing of the person she was inquiring about, and the prisoner replied that she believed it was not—I understood by "the party who left in the spring," Crouch, Mrs. Drake's cook.
MR. GIFFARD. Q. Did she suggest at that time that she had received that cheque from Crouch? A. Not at that time—the said that she knew nothing whatever of it.
JANE TYRWHIT DRAKE . I live at 34, Chester-square—the prisoner has been in my service as lady's-maid for a year and a half—Mr. Leate came to my house in July—I have heard his account of it, and have nothing to add, except that he asked whether the prisoner would pay it off—she said that she would—he said, "Have you got it?"—she said, "I have only two sovereigns left"—he said, "Go and fetch them"—she did so, and said, "I will pay the rest in two or three days"—I said to heir the same evening, that I would give her an opportunity of justifying herself if she could pay it, and she told me something about the cook, but did not give me her address; she said she had lost it—I also bank at Messrs. Hoare's—I miss a leaf from my blank cheque-book—the cheque which was produced is the same number and the same appearance—the entire leaf is taken out—I did not join it into the book, because it has been cut or torn afterwards, and would not have fitted—part of the counterfoil was left when it was produced—on the Saturday morning, at 12 o'clock, the prisoner went out and never came back—I was not in the least aware that she was going to leave—my cheque book was kept sometimes in a drawer, and sometimes in a desk, both of which were locked—the prisoner may have got access to my keys—Crouch left my service on 7th June.
Cross-examined. Q. The prisoner came to you, I believe, with a
excellent character? A. Yes; but not from the person she had lived with last—I had from Lady Stephenson—she is an educated young person—the cheque that has been abstracted was taken out, I suspect, about May—here are several cheques after May and before July—these entries on the counterfoil are in my writing.
JURY. Q. When did you first find out the leaf had been taken out? A. When Mr. Leate came—the counterfoil before where this cheque is taken out is May 3d, and the one after is May 20th—these are in my writing, and there are the dates on which I drew cheques—I always draw the first cheque—I do not remember ever leaving a leaf—I did not miss this leaf till 26th Jule—I may have begun to write a cheque and not completed it, but I do not think it was so in this instance, because there was only one missing from the book.
ARTHUR ROWE (re-examined). When the cheque was presented it had no counterfoil attached to it, it was cut or torn across at the right place—we do not issue cheques in duplicate—this is Mrs. Drake's number.
Cross-examined. Q. I suppose it sometimes happens that one customer may use another customer's cheque? A. Well, it has happened.
HUGH POINTS MALLETT . I keep an account at Hoare's bank, and have done so for some years—the prisoner was in my service as lady's-maid for about a year, two or three years ago—I remember receiving from Mr. Leate a cheque puporting to be drawn by me—it was not my cheque, or written by my authority.
ALEXANDER HUSSEY (Policeman.) I went in search of the prisoner in August, with Mr. Leate—I found her at Walton on the Naze—Mr. Leate said, "Mary, I have found you at last; are you going to settle for this cheque?"—she said, "Yes; I will settle with you if you will come inside"—I said, "I shall allow no compromise, I am an officer, and shall take you in custody for stealing 16l. and a cheque from Mrs. Drake, your late mistress, of 34, Chester-square."
Cross-examined. Q. What else did she say? A. She said, "When did I steal the money?" I said, "I cannot say when stole it; but it was missed when you went away" she said, "It is very well Mrs. Drake to say it was me; but she has other servants"—I asked her what money she had—she produced a purse containing four sovereigns and six or seven shillings, and at the station she gave me a 5l. note.
RICHARD MULLENS . I am the solicitor for the prosecution—in consequence of a letter I received, I called on the prisoner's uncle, made a communication to him, and he wished me to see her—I saw her about three weeks, ago, after her committal for trial, and she said that the otehr sevant sho had left knew nothing about it.
Cross-examined. Q. Was that all she said? A. No; I was with her a quarter of an hour or twenty minutes, in the presence of her uncle—she refused to give me any information about the person who had got up the cheque.
GUILTY of Uttering.—Recommended to mercy by the Jury. —Three Years' Penal Servitude.
MR. GIFFARD conducted the Prosecution.
of the engine-house—I found the prisoner there—he told me that he came I to give himself up for setting fire to the hay-stack—I asked him if he did set fire to it—he said, "That's my business"—I then asked him a second I time if he did set fire to it—he said, "Yes; I did, and I wish to give I myself up for it"—I ran up to the hay-stack to see whether it was on fire, and it was all in a blaze—that was before he had spoken to me, and before I went to the station for the keys—I received information that the hay-stack was on fire, and I immediately ran up and saw that it was so, and I then ran back to the station to get the keys—I took the prisoner into custody—I searched him, and found on him a shirt and four shirt-collars; a box of matches, a knife, and a pipe—there were lucifers in the box; there was also this broken box (produced)—there were no matches in that.
Cross-examined by MR. RIBTON. Q. When you say the "station," do you mean the police-station? A. Yes; the engine-house is kept there.
COURT. Q. Was he sober at the time? A. Yes.
CHARLES BOSWELL . I am a baker, living at Enfield Town—on the night of 13th August last I was passing from Enfield, through the fields leading to Edmonton, and saw the prisoner at a gate on the left hand side, leading to a foot-path, lighting his pipe—I spoke to him, but he did not make me any answer—this was about a quarter to 6 o'clock—I returned again about a quarter to 7, along the same foot-path, and he was then coming out of the field at the opposite gate to where I had seen him first—I saw him coming from the stack—I know Mr. Winterburn's field—that was the field where the hay-stack was, which was afterwards found to be on fire.
Cross-examined. Q. Were there any boys about there playing at cricket? A. Yes, they were there when I was going—they were near the hay-stack—from the hay-stack you can get a view erf the field.
Cross-examined. Q. Do you know how much it was burnt? A. Between four and five loads of it was burnt and damaged—we considered there was about twenty loads.
NOT GUILTY .
771. THOMAS REEVES (22), JOHN WILLIAMS (19), and JOHN DOHERTY (18) , burglariously breaking and entering the dwelling-house of Thomas Hunns, and stealing therein fifteen pairs of boots and other articles, value 10l. his property.
MR. BEST conducted the Prosecution.
THOMAS HUNNS . I am a boot and shoe maker, and keep a shop—I reside at 16, New-street, Dorset-square—I think this affair took place on the morning of 23d August last—I had fastened up my shop the night before, it was all quite safe—my attention was called to it in the morning—I saw it safe at 11 o'clock the night before—from a knocking at the door I came down into my shop on the morning of the 23d, some time before 6 o'clock—the door of the shop into the street was open, and also a kind of trap-door through which the shutters are passed—it is a circular window, and at the lower part of the window there are two small doors that take the width of the window; the shutters are kept under there during the day—if a man gets through that he could get into the shop, and then he could open the shop door—the bolt of this trap-door was inside—it had been forced—I bave seen the articles contained in this bundle (produced)—they are my property—the handkerchief is mine that they are wrapped in—this bag is also mine—they are all my property—they were perfectly safe in my shop on the night before this door was broken into.
Cross-examined by MR. WAY (for Doherty). Q. Did you put up the shutters on that evening? A. Yes; I fastened the door when I took the shutters out—that was at 9 o'clock—when the door beueath the shop window is entered you are immediately in the shop—there is a partial partition, but it is not entirely parted off—there is a small door between that door and the shop—I can't say whether it was shut up on that night—it is only a small door nine inches wide, or something of that sort.
COURT. Q. When you enter the trap-door what is there between you and the shop? A. The window of the shop is partially partitioned off, and there is a small door in that partition for the convenience of closing the outer door—I am perfectly certain that I fastened up that door—I should just as soon think of going out without my hat, as of leaving that unfastened—the bolt was found forced out of the socket, and the plane of the holt had been torn from the wood-work, leaving the screws on the floor—there is no handle at the outside of this door—this handkerchief was taken out of my coat pocket—I have no doubt as to its being mine—it is the handkerchief in which the goods were wrapped up when I saw them at the station, but it was in my pocket, from whence it was taken to put the goods in, no doubt—my coat was on the sofa in the parlour behind the shop—when these things were displayed to me they were all placed on a table—only these two pairs are my own manufacture; the others are not—I dou't think I have sold many of this kind—I might have sold some—I will swear they are my work-manship—I never sold a pair of boots and left them in this condition—I know that this boot was taken from my house on the night in question—I will swear that I had it in my hand the night before—they were taken early in the morning, because I had just had it from the workman—it is customary for us to have them in that state form the workmen—there may be many boots of this kind, but there is such a great difference.
MR. BEST. Q. Are these boots of a similar description to the ones you missed on that night? A. Yes; and I know the hankerchief and bag are mine.
WILLIAM MEADOWS (Policeman, D 337). I was on duty in New-street near Dorset-square, on the evening of 22d August last, about a quarter past 10, and saw the prisoner Williams there—I know Mr. Hunn's shop there—Williams was right opposite in the cornen, of the mews—he went straight along New-street to wards Baker-street—I saw Reeves and Doherty about half-past 12 that night together; they were in New-street walking straight through—I saw them again about twenty minutes past 4 in the morning going in the same direction.
Cross-examined. Q. New-street is a large street? A. Yes; a market street; it is all shops; it is a public thoroughfare, and a good many people go through—I was close to the men, not a yard from them, and they very nearly touched me as they went by—I did not speak to them—I saw them twice when they did not see me—they looked hard in my face—I was in my police dress, on duty—they were walking quickly—I saw them go into Upper Baker-street—I saw them on the first occasion when they came into the street, and they went right straight through—they did not try to avoid me when they came through again, they walked right by me, and looked very hard in my facr.
Reeves. Q. Did you not tell the inspector at John-street that you had not seen me? A. No.
be three quarters, from New-street, Dorset-square—I saw the prisoners in Great James-street at a quarter to 5; all three of them together—they were walking one after the other, towards George-street; ten or twelve yards from it—Williams had the bag slang across his shoulder, and Reeves and Doherty had a bag under each arm—Reeves' bag was red, and Doherty's white; the other was a black one—I watched them into No.3, George-street, got the assistance of another constable, knocked at the door, but no one answered—I forced it open, with the assistance of D 132—I then heard a great rattling on the stairs, and a breaking as if the top of the house was coming in—we rushed up to a room on the left, and saw a trap-door, and some legs going through it, to the top of the house—I told my brother officer to stop in the room—I rushed down stairs and called out to the other constable that they were on the roof of the house, and sprung my rattle—I saw no one on the roof—I saw Reeves in the street; he went through a cow-shed, opened the door of it, and rushed out—a great number of people who were there called out, "There he goes!"—a person, could get through the roof on to the cow-shed—there were a great many tiles broken—I did not see the other prisoners till they were in custody, but I am sure they are the persons who went into the house—these bundles are of a similar character to those I saw taken into the house.
Cross-examined. Q. What do you know this bundle by? A. By this red handkerchief—it is of different colours—this white, one is the one that was under Doherty's arm—I know it because it is white—I have seen one like it in my life—I saw no red border to it then—I swear that it was a white handkerchief—it is about thirty yards from James-street to George-street; they run out of one another-that is about half or three quarters of a mile from Mr. Hunn's—when I was going towards the prisoners, and they wore coming towards me, George-street was between me and them—I passed into George-street after they passed in—I might have been ten yards from George-street when they turned into it, or more than that—they had their backs to me—I saw their backs, and that was all—they were the only persons I saw—it was broad daylight—I swear I saw legs going through the trap-door, but could not see the prisoners" faces; they were too quick—I never saw either of the persons who I took for Doherty and William until they were found in the public-house—they could not get into the cowshed except by breaking through—it is two houses further on from the house I watched them into—I never saw anything till they were brought out—I did not go into the public-house—it was not open—D 148 went in—I was present when the bell was rung, and the publican called up.
Williams. Q. Did you see me get through the roof? A. I saw the legs which were supposed to be your's, but could not say whether it was you or anybody else—I do not think they were the legs of anybody else.
JOHN LEGG WADE (Policeman, D 48). From something told me by Everest I went on 23d August, about a quarter to 5 o'clock, to 3, George-street I examined the door and found it was locked—I stopped there about two minutes, and saw the three prisoners going through the roof—I saw them all and knew them before—they went on No.4, and across the roofs as far as the cow-shed—as I could not get over the walls to come after them, I went round to the front, and Reeves came out of the cow-shed and ran away—I followed him about 500 yards, caught him, and took him to the station—I then went back to the cow-shed, and went over the roofs till I got to the Hope public-house; two other constables were with me—the doors were all fastened—we roused the landlord up, he came down and opened the door;
we went in, searched the back room, and found doherty and Williams—it is and old lumber-room, and the doors are not kept locked—they were dressed—I told them I wanted them for some burglary which had been committed—they said that they would go with us, and they did—they could not get into that door that morning; it was bolted on the inside.
Cross-examined. Q. Who came out on the roof first? A. Williams, then Doherty, and then Reeves—there were a multitude of people about, who could see what was going on as well as I could—the publican is not here.
Reeves. Q. How far is the cow-shed from No. 3? A. three or four doors, it is next door to the school—I ran after you when you ran out of the cow-shed, and was the first that caught you.
WILLIAM BARRETT (Policeman, D 132). I accompanied Everest, and assisted in breaking open the door—I heard a noise, and saw that the tiles of the roof were gone—I searched every room in the house, and found on the kitched stairs, a black frock coat, and in the front vault, this bag, and two bundles containing boots and shoes (produced)—I saw no male person in that house or go in or out of it.
Cross-examined. Q. Did you go to the public-house? A. No; I took the property—there was scarecly any one moving in George-street then, but at the time they got on the roof there was, because that was a considerable time afterwards—I had examined the boxes and found the property, which took me half an hour.
Williams' Defence. The constble says that about twenty past 4, I was in New-street, and had nothing on me; and now the constable says that he saw me about a quarter to 5 with a bundle; I should have had a short time to do a burglary in twenty minutes and get three-quarters of a mile.
Reeves and Williams were further charged with having been before convited.
WILLIAM HOWES (Policeman, D 97.) I produce two certificates of conviction (Read: "Westminster Sessions, May, 1856; Thomas Boyer, convicted of house-breaking, having been before convicted; Sentenced to Four Years' Penal Servitude")—I was present—Reeves is the person. ("Westminster Sessions, May., 1856; John Chapman, convicted of housebreacking, having been before convicted. Sentenced to Four Years' Penal Sevitude")—I was present—Williams is the person.
Ten Years' Penal Servitude.
DOHERTY— Confined One Year.
THIRD COURT.—Wednesday, September 19th, 1860.
PRESENT—Mr. Ald. CUBITT, M.P.; Mr. Ald. ABBISS; and Mr. COMMON SERJEANT.
MR. HORRY conducted the prosecution.
HANNAH ATKINS . I am the wife of William Atkins, a hawker of Dorset-street, Spitalfields—the prisoner lives in the next house—on 21st August, I was coming down stairs about 1 o'clock, to shake a carpet—the prisoner was standing at the door with a cat and a dog—she came up to me and said, "What call'd you with my husband last night?" I said, "No, I ws not
with him, I was speaking to a young woman that was along with a man; I did not know it was your husband"—she called me a prostitute—I told her I was no prostitute, but a married woman—she then spat in my face and we were jangling, and I went into my passage—she followed me and put her hands on my shoulders, and bit off my nose—I don't know what she did then—I was taken to the hospital and she went to the station.
Prisoner. You spat in my face. Witness. No, I did not—she spat in my face, and I smacked her face—my daughter did not take the poker to strike the prisoner—my daughter just came home from work when this happened—Mrs. Cox did not take the poker out of my daughter's hand.
COURT. Q. Was your daughter there before your nose was bitten off? A. No; not till just at the moment.
LOUISA COX . I am the wife of John Cox, a mattress maker—I live in the same house with Mrs. Atkins—about 1 o'clock on 21st August, I heard her come downstairs and saw the prisoner and her quarrelling—the prisoner said, "What did you go with my husband for last night?" they quarrelled and Mrs. Atkins slapped her face—the prisoner abused her very badly.
COURT. Q. Before she slapped her face, did the prisoner do anything? A. No—I did not see her spit—she abused her and called her a prostitute, and she said, "I am married woman, and no prostitute"—the prisoner called her several bad names and Mrs. Atkins smacked her face.
MR. HORRY. Q. Were the bad names after the slap in the face? A. Both before and after—I saw Mrs. Atkins go in the passage—the prisoner untied her bonnet and followed her and said, "Perhaps you will give me another slap of the face?"—Mrs. Atkins did not do anything—the prisoner then lifted her hands and put them on Mrs. Atkins' shoulders—she opened her mouth, and I saw Mrs. Atkins* nose in her mouth—I did not see any more; I was so horrified, that I ran out of the house and fetched the policeman—I Saw her nose bleeding when I came back in five or six minutes—I did not go in the passage; I waited till she came out, and I saw her face all blood—I went to the hospital with her.
Prisoner. Q. Did you take the poker out of Mrs. Atkins' daughter's hand? A. No; I saw no poker in her hand.
COURT. Q. Did you see Mrs. Atkins' daughter there? A. Yes, both before and after—I live in the same house with Mrs. Atkins—I have never seen her with the prisoner's husband—she lives with her own husband—she is a well conducted woman—there was no foundation at all for this suggestion.
ELIZABETH ATKINS . I am the daughter of the complainant—she has another daughter living at home—about 1 o'clock on 21st August, I came home from my work; I saw my mother and the prisoner; they were quarrelling—I heard the prisoner say, "What was you doing with my husband?" my mother said, "I was not with your husband," and then the prisoner spat in my mother's face, and my mother put up her hand and smacked her face—my mother went in the passage, and the prisonor pulled her bonnet off and asked some one to hold it—she went after my mother in the passage—she put her hands on my mother's shoulders, and bit her nose off—my father came into the passage, and he took hold of the prisoner—I heard my mother say, "She has bitten my nose off"—my mother was taken to the hospital; I saw her face was all blood—the prisoner's mouth was all blood—I picked up the nose.
Prisoner. Q. You took a poker to hit me? A. No, I did not—Mrs. Cox did not take a poker from me.
21st August I was in the passage; I saw the prisoner standing in front of my wife—she put her hands on her shoulders and I saw her face all blood, and the prisoner's mouth was all blood—I took hold of her.
WILLIAM GEORGE PAYNE . I am house surgeon at the London Hospital—on 21st August Mrs. Atkins was brought in—she was bleeding profusely from where the nose had been—the nose was quite separated—she fainted away—she is now out of danger, but erysipelas came on—she is still an inmate of the hospital.
COURT. Q. Is the wound healed? A. Not quite—the nose can be replaced.
GUILTY .— Confined Eighteen Months.
NOT GUILTY .
MR. GENT conducted the Prosecution.
WILLIAM HUGHES . I am a hair-dresser, of Southampton-row, Holloway-road—On Saturday night, 8th September, the prisoner came in between 10 and 11 o'clock—he was shaved—I attended to him—when he got up he took the paper to read—he was standing near the gas-light and his cap caught fire—a customer told him of it and her said he would punch his head—I told him to go about his business, as I would not have customers insulted—he went out and came in again and insulted me, and said he would punch my head—he knocked me down—I get up again and tried to get him out of the shop—after a scuffle I got him out, and in the scuffle we both went down together—I was underneath, and he took my nose with his teeth and bit a small piece off the end—there was a piece of it fone—I called to my young man, and he came and pulled him off—I got up and he struck me again—I went in my shop, and he ran in the shop and knocked me down again—my nose bled and he ripped my shirt all to pieces.
Cross-examined by MR. BEST. Q. How many persons were in the shop besides yourself and yout assistant? A. About three—the prisoner had been shaved—he was talking about a fight and by some means his cap caught fire—I did not laugh at him. nor did any one else that I know of—they only said his cap ws taking fire—he was angry and he went out of the shop when I told him—it was not a minute before he came back again—he told me I should net shave him any more—I did not rush at him and turn him out of the shop—he threatened to punch my head, and he did punch my head in the shop, when I had the razor in my hand—I told him to go out—I did not follow him out of the shop—I swear I did not go to him after he was out and knock him down—I will swear we did not struggle together and fall—I was underneath him—I will swear I was not on the top of him at any time—after I had been down a short time I got up—he was up before me—I did not knock him down again—I did not get on the top of him when he was down—I don't know a woman named Wright.
Q. After this second time did not a woman come and try to pull you up, and say, "You rascal, let the man have fair play; don't take advantage of a man on the ground"? A. No—the woman did not pull me off that man—I went into my house and somebody else closed the door—the policeman came in to me while I was putting a shirt on—there is a fishmonger's shop
close to me—I and the prisoner did tumble near the fishmonger's door—I did not shout out "Don't bite me;" I cried out, "This man is biting me!"—that was when I got him outside, from the door to the window—close by the door.
MR. GENT. Q. Had you left him before this took place? A. No—we were down on the ground—after he knocked me down I laid on the ground—I rushed on to him outside—my young man pulled him off and I got into the shop.
ROBERT PAGE . I live at 4, Matthew-street, Highbury-vale—I was in the prosecutor's shop when this affair took place—it was between half-past 10 and 11 o'clock—I saw the prisoner there; he stood reading the newspaper, with his back to the gas—his cap caught fire, and the gentleman who was being shaved said, "Your cap is too near the gas"—the prisoner put up his hand and his cap was on fire, and he began to call the gentleman everything he could think of—Mr. Hughes said, "I can't allow such language in my shop on Saturday night; you had better go out"—he went out of the shop and came in again and said, "You take it up, Mr. Barber"—Mr. Hughes said, "You had better go out or I shall put you out"—the prisoner said, "I will knock you down"—Mr. Hughes put his hand to his breast and pushed him out of the shop, and they both fought together just outside the door—I cannot tell what transpired outside, but Mr. Hughes came in again and was bleeding profusely from the nose—he said, "He has bitten me in the nose"—I saw it was bleeding profusely—I did not see any more after that, for I left—the door was open—the prisoner did not come in again, bat Mr. Hughes did.
Cross-examined. Q. Did some of you laugh at him when his cap was on fire? A. No; not at all—from the language he used I should say he was sober—he went out and came back again—he just looked in and said, "You take it up, Mr. Barber, do you)"—Mr. Hughes said, "I can't allow this language in my shop on Saturday night; you had better go out," and the prisoner knocked him down—Mr. Hughes was lathering a man at the time, and Mr. Hughes got floored—he got up and put his hand on the prisoner's breast and put him out, and they fell—I was not being lathered; I was wiping myself.
HENRY PRIM . I work for Mr. Hughes—the prisoner came in the shop about half-past 10 o'clock—he got shaved and took the newspaper and went to the gas—one of the customers told him his cap was on fire, and he turned round and blackguarded the customer—Mr. Hughes told him it would not do, and to walk out—he-went out and came back and began to blackguard Mr. Hughes; said he should not shave him any more, and used bad language—Mr. Hughes told him to go out, and the prisoner struck Mr. Hughes and knocked him down—Mr. Hughes got up and told him to go out—they joined, and they both went out of the shop and fell—he did not try to put him out before the prisoner struck him; the prisoner struck him first—he did not quite fall down—they did not close directly—there was a scuffling—he was out of the shop, and they both fell en the slab at the fishmonger's door—Mr. Hughes was above him, and the prisoner turned him over and got on him on the pavement—while they were down Mr. Hughes cried out, "He is biting my nose"—I believe they were the words that he used—I pulled the prisoner off him by his neck and got Mr. Hughes up, and before I oould get him in the shop the prisoner attacked him again, and they had another scuffle outside—I got them parted again and got Mr. Hughes into the shop—I saw the state of his nose—he bled very much—the blood was all over
him—I tried to keep the prisoner out, but I could not—he rushed in again and they had another acuffle in the shop—he attacked the prosecutor again—I turned him out again—before that I had seen Mr. Hughes' nose; it was bitten—I could not see whether any portion was bitten off—I saw his nose bleeding—the prisoner wanted to rush in, and he smashed the window.
Cross-examined. Q. Are you under-scraper, and do you assist in lathering? A. Yes; I am sure my master pushed him out, and they rolled over on the fishmonger's slabm and then on the ground—I pulled him off the ground—there was a woman or two there and a man or two—I am not aware of anybody pulling him but myself—nobody pulled at my master—it was not a woman who pulled my master off the top of the prisoner—I did not hear a woman say, "You rascal, let the man have fair play' don't take advantage of the man on the ground"—there was not such a noise that I could not hear it, there was no noise—I was not down on the ground alongside of him—my master hallooed out, "He is biting my nose;" and I took held of him and got him off—I was close by—they were down; the prisoner was upper-most and my master was down under—I was on the top looking at them—I seized my master and got him up—it took me a minute or two to get him off him—the place was lighted up—they were on the ground near the shop-door—I am sure my employer did not strike this man.
MR. GENT. Q. Were you there all the time? A. Yes—no woman pulled the prosecutor off—I did not hear any woman say anythinl if they had I should have heard it—when my master said his nose was bitten, I got him up, and I looked, and his nose was bitten.
Witnesses for the Defence.
ELIZABETH WRIGHT . I am the wife of Daniel Wright of Holloway—I know the prisoner and I know Hughes the barber—last Saturday night week I was standing against Mr. Beale's shop—I saw the prisoner come out of Mr. Hughes' shop, and he began taking his coat, off, and before he had the opportunity of taking his coat off Mr. Hughes came out and they both got fighting and fell opposite Mr. Hughes' shop on the pavement—Mr. Hughes was on the top of the prisoner—they got up again and the second time they fought they fell on Mr. Beale's slab—they came off the slab on the ground and had a fair scuffle—Hughes was uppermost—I tried to pull him off—I told him not to take advantage of a man while he was down—I did not hear anything said by Mr. Hughes while he was down—he did not complain of anything—he did not say anything when he was on the slab—I did not hear him complain of anything done to him—he went into his shop and stopped about five or ten minutes, and he came out and gave the prisoner in charge for biting his nose—I saw his nose; it appeared to me to be bitten.
Cross-exmined by MR. GENT. Q. Was there bleeding at the nose? A. Yes; on the nose—I did not see any blood on his clothes—I was standing in Mr. Beale's shop—when it began I was inside the shop—I came to the door—I saw the prisoner in the act of pulling his coat off and immediately after I saw the prosecutor—I could not see in too Mr. Hughes' shop only along the pavement—I stood on the pavement outside—immediately Mr. Hughes came out they had a scuffle—I pulled Hughes off the prisoner the second time—I swear that—I saw several persons standing by the side of him—I saw the man that works for Mr. Hughes—he was standing at the shop-door—he might have seen me pull Mr. Hughes off—I tried to pull him—he would not allow me—I did not see any blood on his clothes.
MR. BEST. Q. Do you remember the prisoner and Hr. Hughes being on the ground after they got off the shop-board? A. Yes; I did not see Mr. Hughes' man pull the prisoner off Mr. Hughes, and I was looking on.
COURT. Q. You say there was no blood on Mr. Hughes' clothes? A. I did not see any—I did not see that his shirt was torn—the first I saw was the prisoner taking his coat off—I heard no bad language—I believe a pane of glass was broken—I heard the noise of it—I did not see the prisoner go into the shop at all after the scuffle—I did not hear the prosecutor call out anything about his nose, or about biting, not till the fight was over—he went into the shop and came out, and said to the policeman, "I give this man in charge for biting my nose."
ALFRED BEALE . I am a fishmonger—I keep a shop next door to the prosecutor—last Saturday night week I was standing opposite Mr. Hughes' shop—I saw the prisoner come out of the shop in a backward position and the prosecutor came out and struck him, and knocked him down on my shop-board—they got down and got up again and had another round—the prisoner knocked the prosecutor down and got on the top of him—at the third round the prosecutor knocked the prisoner down and got on him, and he was taken off the prisoner by a woman—the prosecutor then pulled off his coloured shirt, and before the prisoner had time to get his coat off the prosecutor struck him again—then they were parted, and the prosecutor went inside his shop and in about ten minutes he came out and accused the prisoner of biting his nose, and he gave him in charge—I saw his nose when he came out and it was bleeding, but it was ten minutes before he came out and accused the prisoner of biting bis nose—there are two hooks at my shop-board and I thought at the time that they had made the wound on his nose—they fell on that part where those hooks were—it is possible for them to have made this wound, and that is how I thought it was done.
Cross-examined. Q. Where are the hooks? A. One on each side above the board—they are to support the board—there is an eye in the board and those hooks are to hook it up—I did not see one of those hooks go through his nose, I thought it might be so—his nose was bleeding a great deal when he came out of the shop—it was ten minutes before he made any complaint and he had got into his own shop—the prisoner was in my shop; he came in—I heard some glass break—that was the fourth time, neither of them fell that time—I believe the glass was broken by his striking at the prosecutor—it was on the second round the prisoner got the prosecutor down—I am sure it was the second round—and the prosecutor was on the prisoner in the third round—I have known the prisoner by sight—I have lived six years at my house—Mr. Hughes has lived there about eighteen months—he is a very good neighbour as far as neighbourship goes—he does not share me—I know Mrs. Wright; I have not spoken to her about this matter till we were subpoenaed—she asked me if I was going, and I said, "I suppose we must do so"—nothing else passed—I saw the prisoner come out of the shop and saw him struck by the prosecutor immediately—he was not more than two or three feet out of the shop.
MR. BEST. Q. How near were you to them when they rolled off the shop-board? A. Three or four yards—I looked at them on the ground—I did not see anybody pick one of them up,
COURT. Q. When was it you first saw the prosecutor's nose bleeding? A. About ten minutes after the last round—if his nose had bled before I suppose I should have seen it—when they first came out the prosecutor knocked the prisoner down on my shop-board—that was the only time they
name in contact with my shop-board, and it was ten minutes after the last round that the prosecutor came out with his nose bleeding.
CHARLES HAWKINS . I lice in Holloway-road—I know the last witness—I was standing opposite Mr. Hughes' shop—I saw the priosner come out and the prosecutor followed him, and caught hold of him—they struck each otehr—Mr. Hughes threw him on the board, and they came down on the pavement—Mr. Hughes was uppermost—they got up, and Mr. Hughes struch at him again—they both fell together again, and Mr. Hughes was under-neath—they got ip, and Mr. Hughes went inside, and pulling his shirt off, and before the prisoner could get off his coat the prosecutor struck him again, and then Mr. Hughes was on the top—they got up again, and Mr. Hughes went inside and came out and said his nose was bitten—I was quite close to them when they were on the ground—I did not hear Mr. Hughes make any complaint while he was on the ground—I heard him say, "Pull him off"—I did not see Prim pull the prisoner by his neck off Mr. Hughes—I know the shop-board that they fell on, and I thought Mr. Hughes came in contact with the hook of that board.
Cross-examined. Q. He was a good deal injured, was not he? A. No, he did not complain at all—I was outside—the prisoner was outside, and Mr. Hughes came and caught hold of him—I was standing close by the door—I saw a woman pull Mr. Hughes off—that was the last round—he was pulling his shirt off to come out to fight the man again—that was the third round—it was a coloured shirt, I believe—I did not see any blood on it, I could not see that it was covered with blood—the lights were in the shop—I was not inside, I looked in—I could not see any blood.
COURT. Q. Did you ever see Mr. Hughes' nose bleeding? A. Yes—after he came out of the shop five or ten minutes afterwards, when he came out of the shop the last time—the time that they fell near the hook was the first round—I think the blood came from that
GUILTY.—Recommended to mercy by the Prosecutor. — Confined Three Months.
PLEADED GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution.
BAPTISTA CAMBRIOSI . I am an artifical flower maker, and live in Britannia-street, City-road—on the 13th July the prisoner came with two other men, Jones brothers—he said he had brought two gentlemen who were going to commence business as artificial flower makers, and he was going to conduct their business for them—he said he had known them seven years, and they had kept a house, 7, President-street, Goswell-road, six years—they selected some goods—theprisoner was the person who told them what they wanted, Mr. Jones did not understand the business, and he did—the value of the goods I let them have was 24l. 10s.—I sent them to the place—on the Thursday after the prisoner came and selected some of the goods, and asked me to give him something—he said he should expect something—I said, "When I have the money I will give you somethin"—I called on the following morning—I saw the landlady—I did not find the prisoner there—on the Saturday I called there again, and not finding them I went to a public-house in East-road—the prisoner was there, and directly he saw me he said,
"Then I am off"—I said, "You are the man I want"—he said, "I was just I going to see Jones"—I gave him in custody.
Cross-examined by MR. SLEIGH. Q. How far is Britannia-street from I President-street? A. About five or seven minutes' walk—I had some communication from my sister that induced me to go to 7, President-street—I had seen the prisoner before, but before I went to 7, President-street I had no conversation with him about this matter—I went to 7, President-street, and there I saw the prisoner and the two persons, Jones's brothers—it was there I had this conversation—it was on the next day that the prisoner came to my place and selected goods; that was on the 14th—the prisoner told me he was engaged to Jones's to manage the business for them—I spoke to the other persons as Mr. Jones, and they answered me as such—I went a second time to the house and took some of the goods—I did not make some inquiries at the house—Jones did not tell me that they were going to trade under the name of Jones Brothers, and that they had lived at 7, President-street, for six years, it was the prisoner, they did not say so—I was examined before the magistrate—this is my writing—it was read over to me before I signed it—I did not say, "The two men represented themselves as Jones' Brothers, and said they had lived at the house, 7, President-street, for six years—it was on the faith of the other two men saying that they had lived in the house for six years, and traded under the name of Jones Brothers that I trusted them, otherwise I would not have trusted them with the goods"—I said it was Mr. Pincomb made the representation; I only said it on the representation of the prisoner.
Q. Did you enter these goods in a book as a sale to Jones Brothers? A. Yes—I made an invoice debiting them with the amount—I did not trust them with these goods on the representation that they made to me—it was what Pincomb said.
Q. When this paper was read to you did you tell the magistrate it was not correct, or did you sign it? A. I said it was on Mr. Pincomb's representation—I objected to it—I did not see this gentleman who is here; he was in the Court before, but he was not in the room when I signed the paper—I have only carried on business in England since Christmas—my own place is in Britannia-street—the Jones's came there two or three times with Pincomb—my sister was there when the Jones's and the prisoner were there—my sister takes a part in the business; she is not here.
MARY ANN GRIFFITH . I have kept the house No.7, President-street, for seven years—I remember the prisoner and the Jones's coming to hire the front-room on the first-floor at my place—they had no furniture, the room, was furnished—they brought a bag there—they took it on 11th July and left on 19th—they paid no rent—I had half-a-crown deposit and nothing else—they left a bundle of straw behind, that was all—they had not lived there six years and carried on business as Jones Brothers.
Cross-examined. Q. Did the prisoner sleep there? A. No—none of them slept there—the Jones's were there every day—I took the prisoner to be a servant of theirs—they appeared the principals and he the servant.
The Prisoner received a good character.
NOT GUILTY .
OLD COURT.—Thursday, September 20th, 1860.
PRESENT.—Mr. JUSTICE BYLES; Mr. Ald. COPELAND, M.P.; Sir JAMES
DUKE, Bart., Ald. M.P.; Mr. Ald. CONDER; and ROBERT MALCOLM KERR, ESQ. Before Mr. Justice Byles.
777. WILLIAM EVANS (21) , Stealing, whilst employed in the Post Office, a post-letter containing a gold watch cse, a silver watch case, a watch plate and wheel, the property of Her Majesty's Postmaster-General.
MESSRS. METCALFE and POLAND conducted the Prosecution.
ANN SARAH BEBB . I am the wife of Robert Bebb of Barton, near Kington in Herefordshire—my watch was broken during the summer—I tok it to Mrs. Skarratt, a watchmaker at Kington, and left in with her—I had had it in use for some considerable time—I believe this (produced) to be the watch case that I I delivered to Mrs. Skarratt.
Cross-examined by MR. TINDAL ATKINSON. Q. You don't indentify it by any mark? A. There is the name of Meredith—I only identify it by the pattern—I have not seen others of the same pattern.
MR. METOALFE. Q. This spring of your watch was broken? A. Yes; I left it for the purpose of being mended—I sent it by a lady of the name of Meredith to Hereford, to have it cleaned, and her name was put in it—I believe it is in it now—I do not see it there now, but I know it by the chasing on the back of it, and by the snap-spring being broken.
CHARLOTTE CARLTON SKARRATT . I am the daughter of Elizabeth Skarratt, a watchmaker, of Kington in Herefordshire—I remember, at the latter end of December last, Mrs. Bebb bringing a watch to my place—the case-spring was broken—we could not repair it down at Kington—I put it into a silver hunting-case and then into this box—I believe this to be the watch-case—some watchmakers generally put their name on them, but we never do; we put the number in a book—I cannot see the name of Meredith on it—I believe this to be the case—the spring is broken—I put it inside a silver hunting-case, ans a lever plate was put inside that, and the watch wheels in the corner of the box—I put those articles inside this green box—I can swear to the box—it has my own handwriting on it—I wrapped the box up in writing paper, sealed it, and directed it to Messrs. Martin and Bishop, opticians, 20, Bunhill-row, London—it was on 2d January that I made up the parcel—I then gave it to a person of the name of Rosser to take to the Kington post-office.
Cross-examined. Q. You were using a magnifying galss, were you not? A. Merely to see the name—the mark on the box that I speak of is at the bottom.
JOHN MORGAN ROSSER . I live at Kington—I remember Mrs. Skarratt giving me a small parcel to take to the post on January 2d—I posted it—I forget the address of it—that was the only package I had to post.
ANN PRICE . I am the wife of the post-master at Kington—on 2d January I assisted in making up the letters to be sent to London—a letter or package posted at our ofice on 2d January would be forwarded to London by the half-past 7 train—I assisted in dispatching all the letters and packets that had been posted on that day—they were forwarded to London.
JAMES LORD. I am a superintendent sorter at the General Post Office, and also what is called a tick-clerk—the bags containing packets for the North Western division, posted on 2d January, would arrive on the morning of the 3d—the mail was late that morning; it arrived at 7.40—that was not too late for the letters to be sorted for the first delivery.
arrived by the post that morning from Mrs. Skarratt of Kington—it never arrived.
WILLIAM SMER . I am a constable attached to the Post Office—on 15th August, in consequence of information I received, I went to 28, Little Britain—I went there because the prisoner stated he had lately lodged there—he was asked in the office, in my presence, where he lodged, and I heard him say that he had lately lodged at 28, Little Britain—I went into the second floor front-room and found Eliza Vincent—I saw her unlock a box and saw the police constable, Upfold, take from it a letter-carrier's uniform coat; and from the same box in which that coat was, I saw him take this small box—he handed it to me—I opened it and found that it contained the gold geneva watch-case that has been produced—in consequence of what Eliza Vincent said, I took the box and case to the General Post Office in the same state that I found it—I there showed it to the prisoner—I told him where it had been found and that Eliza Vincent had stated to me that he gave it to her about five or six months ago—his reply was, "Yes, it's mine; I gave it to the young woman a long time ago"—he was then asked where he got it—he stated that he had bought it of a Jew in Mr. Reeve's public-house, Pope's-head-alley, Lombard-street, and that he gave 35s. for it—he was then asked if it was in the same state as it now is, with the spring broken which fastens the inner case to the outer case—he stated yes, and that he bought it with the intention of having some works put into it—he was then asked if any one was present at the time he bought it—he stated that he went into the public-house with another letter-carrier named Fox, to have a glass of ale, but whether Fox had left at the time he made the purchase he could not tell, but he rather thought that he had—the prisoner was a letter-carrier in the office, doing what is called messenger's duty, that is, stamping and collecting letters in the office—he was suspended—on 18th August I went in search of him, and met him in Alderagate-street—I brought him back to the Post Office; he was then told that the gold watch-case had been sent in a letter by the post—he stated that he had bought it of a Jew, as he had previously stated—I then took him to Mr. Reeve's public-house and he pointed out the barmaid, who, he said, was present when he bought it—her name is Berryman—I spoke to her and afterwards told the prisoner that she knew him by sight from coming to the house, but that she had no recollection of the circumstance; neither had she ever seen a Jew in the house selling gold watch-cases—the prisoner's answer was, "Very likely she did not see me"—pointing to a seat on the right of the bar, he said, "That is where the purchase took place"—he was then taken into custody—the barmaid said that there was a little Jew used to come there hawking about ticketd of watches, and selling gilt pins.
Cross-examined. Q. You are attached to the Post Office for the purpose of detecting thefts of this kind? A. Yes—I have been successful in bringing persons to justice for taking property in the way described here—the prisoner said that he had bought the case at the end of February, or the beginning of March—he did not say at once that he lodged at Little Britain; he hesitated; he first said he lodged at 107, Aldersgate-street—that is his proper residence—he then said he had lately lodged at 28, Little Britain—it was not from that information that I went to Miss Vincent's apartments—we had reasons to know that he lodged there—he was suspended on Tuesday, 15th August last, and he was at large till Saturday the 18th—the seat he pointed out was on the right hand side, against the window, where he said the case was purchased.
ELIZA VINCENT . I lived at 28, Little Britain, at the time the oficers came there—on that day I produced to the officer the box and watch that have been produced here to-day—I also showed to the officer a postman's uniform coat, which belonged to the prisoner—the prisoner gave me the watch-case but not the box—he gave me the watch-case the same evening that he returned from his holiday—I believe that was in Jannary last—he told me that he bought it of a Jew in a public-house in Lombard-street—he said he was going to have an inside put in it—the spring was broken them—I bought a brooch in this box, at Homerton, at the prisoner's sister's—I was staying there a short time; a man came in with a box and asked me if I should like anything, and I bought the small brooch in the box—the prisoner's sister kept a pork butcher's shop, and the man came into the shop and I bought the brooch and the box of him—that was, I believe, in the early part of February—I put the watch into the box as soon as I began to wear the brooch, which was very shortly afterwards, and I kept the watch in it from that time till the policeman saw it—there was a piece of wool in the box when I bought it—I have known the prisoner more than four years—he has been in the habit of visiting me sometimes—he was not at Homerton when I bought this—he only came down every Sunday—I was staying there—I do not know the name of the person who sold the brooch to me; he was a travelling man—the prisoner saw the broch on me on the following Sunday, and the box too—I bought it on the Thursday.
CORNELIUS FOX . I am a messenger in the Genral Post Office, and am employed of an evening at the branch office in Lombard-street—I know the prisoner—in January last he was a messenger in the Post Officer—I remember his going for his holiday on 13th February—he returned to his duty on the 27th—I had seen him before that in London; on the Thursday or Friday night in the last week—he called at the Lombard-srteet post-office after 6 o'clock—he asked me to go out and have a glass of ale—we went to Reeve's public-house in Pope's Head-alley, Lombard-sreet—the prisoner had a carpet-bag with him, I think—we had a pint of halg-and-half there—we did not stay there above five minutes—we then left together—while I was with the prisoner there I did not see him purchase anything; nothing but the beer was purchased that I saw—I did not see any Jew there; nor see the prisoner purchase any watch case—I was there with him at times on other occasions—I never saw him dealing with a Jew at that place—he said he had come from seeing his father.
Cross-examined. Q. On this particular day did you leave him at the door? A. Yes, I bade him good night outside—he might have been turned back again—I don't know anything about where he went.
JOHN FIFE . I am a letter-carrier in the General Post Office—on 3d January I was the pricipal letter-carrier in the Chiswell-street walk—that includes Bunhill-row—I had two assistants on thatwalk—the prisoner, on 3d January, was one of them—he would have something to do with sorting the letters for that district—all the letters that come in for that district would be placed in the hands of us three, to first sort and then deliver—it was my duty on that morningto deliver any letters for Bunhill-row—I cannot remember having any letter to deliver at Messrs. Martin and Bishop's—I delivered all that I had.
COURT. Q. Was it your sole duty to deliver at that house? A. Yes—each would take a part in the sorting of the letters—if a letter had come in for Martin and Bisop I could not say at all into whose hands it would first come—I think the prisoner came early that morning; the first thing in the morning—we all have to be in at 5 o'clock.
Cross-examined. Q. Is there a large table there on which all the letters are put before you three men? A. Yes—they are sorted first downstairs in the inland office; into walks—they are then brought up to the letter-carriers' office, and divided as I have described—if this parcel came into my walk it would, in the first instance, pass through the hands of those down-stairs—the letters and parcels are thrown down before us to be sorted by us, each of the three men seeing what the others do.
JURY to A. S. BEBB. Q. You said the name of Meredith was on the watch-case? A. Yes; scratched inside on a former occasion when it went to be cleaned—the watch-maker scratched that name in.
COURT. Q. Was it scratched in the inside of the watch-case? A. Yes; on the metal—I am not sure which part it was in—Meredith's Christian name is Ann—it was not the initial but the name in length, as far as I can I recollect.
JURY to JAMES BRENNAN. Q. What was the value of the watch-case? A. About 1l. 2s.
JURY to MRS. SKARRATT. Q. Do you put your same mark on all the boxes you transmit through the post? A. Yes—it ib the cost price of the article it had contained—we send a great number of them; not these boxes, this I took out of the window finding it suited the size of the parcel I had to send—I was not in the habit of sending others of this sort.
(The Jury were at first unable to trace the name of Meredith on the watch-case, but upon being supplied with a magnifying glass they stated they could clearly trace it.)
The prisoner received a good character.— GUILTY — Four Years' Penal Servitude.
MESSRS. METCALFE and ROWDEN conducted the Prosecution.
ROBERT HORNER . I keep the Radnor Arms, King Henry's-walk, Islington—I live there—some time ago the prisoner was in my service as potman for five or six months—he has left me nearly a twelvemonth—about 12 o'clock on the night of 30th August, I was sitting in my back parlour—in consequence of hearing a noise I went to the top of the staircase that leads down to the cellar and opened the door—I heard a little more noise, and I directly returned to the upper kitchen and took the kitchen poker—I had a candle in my hand—I then went down the stairs, directly opposite the cellar door, that I should have had to unlock to turn the gas off—I was holding the candle to look in the coal-house, and the prisoner rushed in front of the door with both hands up, and struct me a violent blow on the forehead which knocked me against the opposite wall—it was not with his fist, it was with something heavy—the candle fell and was burning on the floor—there was a dim light—I saw him coming from the coal-hole and I met him with the poker, and struck him as hard as I could—I struck at his head—he then rushed at me—we had a struggle—I gave him what we call in wrestling a buttock, and fell heavily upon him—we struggled a considerable time—he held my head down on his chest, and I lost my poker—when I found it I called out, I was swinging it at the back of me, fancying there might be some more of them, and I gave him a punch on the bead with the other eud of the poker—he then called out, "Hold hard, Mr. Horner, don't murder me; it's George—I am alone"—I recognised the
prisoner perfectly by his voice—I then got my elbow across his throat, and forced myself from him and said, "Oh! it's you, is it?" and I gave him another good one with the poker—it was quite dark—I then rushed upstairs to see if any one there had taken the cash—I got a brace of pistols and then came down again—the prisoner was then gone—I then looked to see where he could have come in or gone out—the doors were bolted, but there was a square of glass broken just below the catch of the window, leading into the back-kitchen, and the upper sash was thrown down—I examined the premises outside the window and found a small ladder, or steps, of mine that would lead into the area and the back yard—any person could get over the wall into the street through the garden—I had a glimpse of the man before the candle went out—I have no doubt, whatever, that the prisoner is the man; I will swear to him—he had his coat done up, but from his size, stature, and general appearance, I belive him to be the man—the doors were all bolted—no one could get out of my house except by the window that was broken—the lower sash was screwed down.
COURT. Q. Who fastened the windows? A. I had looked round myself—I look round every evening to see if the doors were fastened—I only know the prisoner to be the man by his general appearance, and from his having lived with me six months as potman—I positively swear to him.
Prisoner. On the first examination you stated that the light was out and that you had not the least glimpse of me (The witness's deposition being read did not contain any such statement). Witness. I believe the window was in a proper condition when I went down to see if all was safe—I have a potman that goes round—if the windows are ever left open, and I have occasion to go down into the cellar with a light, I can scarcely go down without my light being blown out—that evening I went down and felt no draught—I believe the window was not broken at that time.
THOMAS JORDAN . I am potman in the prosecutor's employ—I used the back kitchen as a pothouse, and clean the pots there—On the evening before this took plave I was in there at 8 o'clock—the window, that was afterwards broken, was all fastened at 8 o'clock—I had seen the prisoner on the same Thursday, at 4 o'clock in the afternoon, in the Back-road, Kingsland—that is about two minutes' walk from my master's place—he asked me if I was going to stand anything to drink, and we went and had a glass of ale together, and during that time he asked if the governor was out for a holiday; and I said, "No;" he then asked if we had the little dog yet—I said, "No; we had lost it about six weeks"—he said, "Have you?" I said, "Yes;" next day I found this penknife (Produced) in the yard, under the area window, outside, where he got out.
Prosoner. You said something about the dog before I mentioned it, and you told me your governor was out.
RICHARD STIRLING . I am the landlord of the Sir John Cass, Victoris Park-road, South Hackney—the prisoner was in my service three months—he left three weeks ago last Sunday—I know this knife—I have used it on several occasions—it belongs to the prisoner.
Prisoner. Q. What have I lent you the knife for? A. For cutting hope in the ground, and for cutting string or stick—I have had it in my hand many times, and when you have been accounting for money you have pulled it out of your pocket with the money, and it has been exposed several times.
some footprints there, leading to and from the window that was broken—I compared them with the boots that were taken from the prisoner—they corresponded—I found some blood on the glass—I found that one of the prisoner's fingers, on the right hand, had a jagged cut, and he also had a wound on the right side of the head from some blunt instrument.
COURT. Q. How did you compare the shoes? A. I made an impression by the side of the footmarks—the boots are here—there are no nails to them.
Prisoner's Defence I have always got my living in an honest manner since I have been in London; on the night in question, I had been to the theatre, and, coming home, some one ran against me; we began fighting, and I fell against the kerb, which cut my head and my hand. It is only from what the barman says that I am accused; I live close by and could have been taken the same night if Mr. Horner knew it was me.
COURT to MR. HORNER. Q. Was the skin broken on your forehead? A. It bled very much—I feel the effects of it very much now—I did not know where the prisoner lived at the time; I was told next morning.
GUILTY.—Recommended to mercy by the Jury on account of his youth.
MR. GLFFARD conducted the Prosecution.
JANE BLOWER . I live at 67, Judd-street—On Saturday, 18th August last, about 7 o'clock in the evening I was at my window—my house is on the left side of Judd-street as you go towards the New-road—it faces the top of Cromer-street—I could see about ten yards down Cromer-street, as far as a butcher's shop—I saw a pianoforte van coming down Cromer-street driven by the prisoner; he was on the top of the van and he seemed as if he was in a fit or very ill; he looked very white; I thought he would have fallen or gone through the draper's before he came to the post—he was in this position (leaning forward)—there are two stone posts at the corner, one a short one leaning against the other—he went over the short one—he lost his reins and he tried to stoop and pick them up, and he turned-a somersault like, off of the van into the road—I cannot say whether he fell off the van after he had passed the post or whether he was shaken off in going over it; he had got about two or three yards from the post when he fell into the road—he was coming down Cromer-street, towards Judd-street, on the right hand side—he was on my left as I was looking out of window, that would be on his right hand side—he was as close to the kerb-stone as he could possibly be all the time I saw him.
Gross-examined by MR. RIBTON (with MR. LAWRENCE). Q. Was there no other cart or vehicle in the street? A. Not that I could see; the street was particularly clear—I did not see one—I was looking out of my window for a few minutes before I saw him; he was under my observation, perhaps for a minute or two, before he turned the corner—I have been examined before the Coroner and before the Magistrate—I saw when the reins dropped, it was after he had gone over the post, they might have been shaken out of his hand—I saw him try to stoop to pick them up; it was then that he fell off—I did not see another man in the van; my attention was attracted to him before he turned the corner—there was do one with me at my window—I saw the horse go down Judd-street without the driver—I did not see anything of the accident—I did not see any pipes up in the road, in Cromertreet, or anything being done.
SHADRACH VARNEY . I live at 15, North-place, Cromer-street—on the night of 18th August, I saw the prisoner standing a lamp-post facing the doctor's shop in Judd-street—it was after 6; I can't say the time—I say he was tipsy.
Cross-examined. Q. Did you see him fall off? A. No—he was not on the ground when I came up to him—he was standing up against the gas-post, with his whip in his left hand and a mob round him; it was after he had fallen—he was not insensible or nearly so; his beard was covered with mud, not his face—he did not appear at all stunned by the fal; he said nothing to me—I persuaded him to go into a cab as he was all over mud—I helped him in—he walked to the cab—he wanted to go to Brunswick-square first—I and some of the bystanders led him to the cab—he required assistance—I laid hold of one arm and somebody else of the other.
MR. GIFFARD. Q. What did he say about going to Brunswick-square? A. He wanted to go to Brunswick-square at first, when he came out of the doctor's shop, and the people round persuaded him to get into the cab to go home—he said, where was his horse? or something of that sort—he said he would not go in the cab, but after about ten minutes he got in.
JOHN WILLIAM STRONG . I live at 19, William's-mews, Mary-street, Hampstead-road—on 18th August, I was in Judd-street, and saw the prisoner at a chemist's shop there—he was assisted into my cab and I drove him off—I could judge of his condition; in my opinion he was drunk—I drove to his employers, Messrs. Collard's in Camden-town—I assisted him out of the cab and he went into a beer-shop—I afterwards saw him with Messrs. Collard's clerk—the clerk came up and said to him, "You are drunk; what have you done with the van and horse?"—he replied, "It has brought me home"—I was in his company altogether about twenty minutes—I should say he was positively drunk in my opinion.
Cross-examined. Q. You did not see him till he came outside the chemist's shop? A. No.
Cross-examined Q. You did not see the fall, did you? A. I did not—he appeared stupified; it might have been from the fall—I did not notice that the pipes were up in Cromer-street—I could not say that they were not.
WILLIAM TITFORD . I live at 41, Judd-street—I saw the deceased, John Kingston, thrown from his cab on the 18th—I was standing at my own door about a quarter to 7 o'clock, which is within thirty paces of the Euston-road—I saw a van coming down Judd-street without a driver—I ran out and should have succeeded in stopping the horse, but a gentleman from the opposite side ran out with an umbrella, which he put up in the horse's face; the horse ran on one side and came in collision witj the cab, and the van horse mounted on to the top of the cab horse, and I believe the shafts of the van struck the man in the side and he was thrown from his seat under both the horses, the horse of the van and the cab horse—I any my son extricated him—I called a cab and assisted in taking him to the Royal Free Hospital in Gray's Inn-lane—he died within a few minutes after he was there—I saw that he was dying before we got there.
Cross-examined. Q. Ws this in the New-road or Judd-street? A. In Judd-street, about thirty paces from the New-road—my house is the last house in Judd-street on the left side going from Judd-street to the New-road
—the van was coming down the centre of the road, and by the shouting everything had cleared out of the way—had it not been for the person with the umbrella, I believe there would have been no accident, for I should have succeeded in stopping the horse in a few minutes—it was not going at I a great rate; it was a fine horse—the cab was not in the middle of the road—it had driven on one side, as everything had, so that there was a free passage for the van to go down—I should think the horse was going at the rate of about eight miles an hour; I have horses of my own—the cabman had drawn up on the left hand side of Judd-street, from the Euston-road, the same side as my house—he was not standing still when the horse went over him; he was coming up; he pulled across the road out of the way, but still continued driving—I did not see him before he pulled across the road—I saw him in the act of crossing to the right side—he drew up nearly to the kerb before the accident—if the gentleman had not put up his umbrella the van would not have touched him—if the cabman had remained on the side where he was at first, the van would not have come in collision with him, unless the man with the umbrella had started the horse on the other side; he would have continued his career and gone direct into the cab; but as the cabman got out of the way the man with the umbrella swerved the hone—if he had remained where he was and no umbrella had been raised the van would have come in collision with the cab—the man having raised the umbrella, if the cabman had remained where he was no collision would have taken place—I saw the man raise his umbrella—I got out of the way, seeing that—the cabman was then driving across the road, clearing himself from the track—if he had remained where he was the accident would have happened if the horse had not swerved—if he had remained where he was in the first instance no accident would have occurred—there were other vehicles in the street, there were cabs behind, but they had all cleared away, and made a complete channel for the van to go down—I did not see the prisoner at all.
MR. GIFFARD. Q. You say if the cabman had remained where he was there would have been no accident? A. Yes, I do say so, because the man putting up the umbrella drove the horse and van on the other side of the road—I mean if the cabman had remained where he was, and the man had put up the umbrella there would have been no accident, but if he had remained where he was, and the man had not put up his umbrella, there would have been a collision.
JOHN DANIEL HILL . I am a surgeon—I was present on 18th August when the deceased was brought into the hospital, he died a few minutes after his admission—I made a post-mortem examination of the body—the cause of death was laceration of the liver—the shafts of a van driven violently against his side might produce such a laceration—it was a recent laceration.
WILLIAM HANNAN . I am a sergeant in the army—I was in Judd-street on the night of 18th August—I saw the prisoner in the act of falling from the top of the van—I picked him up, and assisted him into Mr. Bradshaw's shop—I cannot say whether he was drunk or sober.
Cross-examined. Q. It was a very severe fall? A. Yes, thirteen or fourteen feet—he fell on his head and breast—his face was covered with mud—he was completely stunned by the fall—I actually thought he was dead—I was the first that put a hand to him—he was quite senseless—I helped him to the doctor's shop, and I went to fetch a policeman—I did not see the van touch the post, nor see the reins drop from him—I saw him first in the act of falling, whether he was stooping to catch the reins or not I cannot say.
MR. BRADSHAW. I am a surgeon—the prisoner was brought into my surgery in Judd-street on the evening of the 18th in a state of perfect insensibility, obviously the result of concussion—he afterwards came to himself—I them said interrogatively, "You have been drinking, my man"—he replied he had, a little—his breath smelt as strongly as possible of tobacco, overwhelmingly so.
Cross-examined. Q. He was very much stunned by the blow, I suppose? A. I do not think the concussion was so very severe, it would have been very much more so if he had fllen on the back of his head, if the occiput had come in contact with the stone, but he fell on his face, consequently the cartilage protecting the face afforded a kind of resistance which prevented the concussion having the effect it otherwise might, but he was perfectly insensible when brought into my surgery—I have been a surgeon in the navy thirteen years.
THOMAS EGERTON (Policeman, E 14, re-examined by MR. RIBTON.) I did not see the accident—I saw the prisoner afterwards—on the way from the station to his lodging next day I said to him, "The people say you were drunk"—he said, "They may say so, they can say what they like"—there appeared to be nothin amiss with him then except some bruises on his face—I can't say whether the fas pipes were up in Cromer-street.
MR. BRADSHAW,(re-examined.) I could not possible say whether the prisoner had been drinking—I was before the Coroner; a Mr. Hartley, who keeps a public-house in Skinner-street, was examined, and a Mr. White who was in the van with the prisoner, and a good many otehrs who saw the accident.
GUILTY .— Confined Three Months.
780. ALLAN FERRIE JOHNSON (28), Was indicted (together with Sarah Elliot, not in custody), for feloniously and by force taking away one Clara Tilson Smith, a child under the age of 10 years, with intent to steal certain clothing upon her person; Other Counts, varying the mode of stating the charge.
MR. MCDONNELL conducted the Prosecution.
JESSIE SMITH . I am the wife of William Smith of 23, Raphael-street, Knightsbridge—the child, Clara Smith, is my child—she is five years and four months old—we lost her on 10th July—I knew the prisoner by the name of Elliot; it was his wife Mrs. Elliot who took the child out of my room—she was charged before the Magistrate but has absconded—I gave her leave to take the child out with her to buy her a sash—the child performs—she was then engaged at the concert hall at Knightsbridge—it was about 2 o'clock in the day that she went out with Mrs. Elliot—I did not see her again for three weeks—she was taken to Portsmouth—I found her there at the station-house—I had not engaged the prisoner or Mrs. Elliot to go to any concert room with the child—they had nothing to di with us at all—Mrs. Elliot had nothing to do with performances—the child performs with her father—I have known the prisoner and Mrs. Elliot live together as man and wife—when I found the child did not return I made inquiries at Queen-street, Brompton, where the prisoner lived, and could learn nothing of them—I was about with the policeman for a week looking for the child.
THOMAS WILLIAM STREET . I am an inspector of the Portsmouth Borough Police—on 15th August I took the prisoner into custody in Prince George-street, Portsea—the child was with him—I told him I charged him with being concerned with a woman in stealing that child—he said the child was not stolem.
WILLIAM ROGERS . I belong to the Portsmouth police—I took the woman Sarah Elliot into custody on 15th August, at Jubilee-terrace, Southsea, that was before the prisoner was apprehended—I saw him afterwards that same afternoon—he was taken at another house.
WILLIAM SMITH . I am the father of the child—in July last I was engaged with her in singing at the Spread Eagle at Wandsworth—she sings at concert rooms—I know Sarah Elliot, and have known her for about twelve months—on 30th July last the child was allowed to go out with her to purchase a sash—I was present at the time—I gave her permission to keep the child for a couple of hours, and she promised me faithfully she would not keep her longer—she knew that the child was in the habit of singing at concerts with me—she is a source of very great profit to me—at the time she went away she had on a common dress, and a white pinafore—she was not dressed for the stage, what she had on was not worth much.
JESSIE SMITH ,(re-examined.) The child was dressed in a brown silk dress a very good one, and this hat trimmed with blue, and a feather—the things were worth about 17s. 6d.—she has been put into mourning since—when she came back she had on all the clothes that she had on when she went away except the feather in her hat—the child goes to school every day,
Prisoner. Q. Had she on the same drawers and chemise? A. No; she had old ones on, which you bought her; the commonest you could get for the money.
JANE SAUNDERS . I am the wife of James Saunders, of Queen street, Brompton—the prisoner and a female took apartments at our house in the name of Ferrie; they left on 30th July, about 2 o'clock in the day—the woman went out first, and the man about five minutes afterwards—they left without paying me, or saying that they were not going to return—they did not return.
MARY ANN CORK . I am single, and live at Latimer-street, Southampton—I keep a lodging-house there—on 30th July the prisoner and a female came to our house about a quarter to 8 in the evening with this little child—they did not say where they came from—I afterwards saw them at Ports-mouth in custody of one of the officers.
Prisoner. Q. Did the child appear to be petted and well treated? A. Yes; the feather belonging to the child's hat was left under the sofa cushion when you went away.
CLARA SMITH . I was at home with my father and mother at the end of July—I know the prisoner—I left home with Mrs. Elliot—the prisoner was waiting for us at some gate—I went with her; she took me to some place—we stopped in town that night, and next morning went by railway—I don't remember where we went to—the prisoner and Mrs. Elliot were with me while I was away—we went from one place to another, to Southampton and then to Portsmouth—I did not perform anywhere; they did not ask me to perform—I went with them because she took me—I asked to go home a good many times—she said I should go home when that week passed; and then she said I should not go home at all.
Prisoner's Defence. Mrs. Elliot told me she had the mother's consent to take the child; I remonstrated with her for bringing it, as it would only be an incumbrance, but she said the child was pale and ill, and she thought the country would do her good; we have had the child at various periods before, for a day or a night, and even as long as a week, and have bought the child clothing at different times; I thought, of course, she had the mother's consent, and the child seemed pleased to be with us; there was not the
least intention, that I am aware of, of stealing the child, or anything belonging to her.
JESSIE SMITH (re-examined). The child had never slept at Brompton—she never slept out of the house—she had been staying with them two or three hours in a day, but never stayed all night to my knowledge.
NOT GUILTY .
NEW COURT.—Thursday, September 20th, 1860.
PRESENT—MR. JUSTICE BLACKBURN; Sir FRANCIS GRAHAM MOON, Bart. Ald.; and Mr. Ald. LAWRENCE.
Before Mr. Justice Blackburn.
781. DANIEL DE LA CHEROIS GOURLEY (60), was indicted , for that he, being a trustee of certain property, feloniously did appropriate to his own use the sums of 508l. 8s. 9d., 800l., and 1,439l. 18s. 9d., part of said property, with intent to defraud.
MESSRS. COOPER and METCALFE conducted the Prosecution.
EDWARD GIBBON . I am clerk to the Attorney General, I produce a paper; this is the signature of the Attorney General (This was the sanction of the Attorney General to Henry Wadham for the present prosecution).
JOSEPH HUGGETT . I am a detective officer of the City of London police—in consequence of a warrant from the Mansion House, I went to Edinburgh—I saw the prisoner there on 1st August—I saw him at the Turf Hotel—I told him I was a police-officer of the City of London, and I held a waeeant for his apprehension—I showed him the warrant, on which I took him—he said it was a pack of lies from beginning to end, and he should he able to prove that he never appropriated one farthing of the money to his own use—I read to him the warrant and told him he must go to London—I asked him his address at Edinburgh; he refused to give it me—I said "I know where you live, at 8, Henry-street, Edinburgh, and I should like you to accompany me there for the purpose of finding such papers and memoranda as I think necessary to take to London with you"—he said, "I shall do nothing of the sort; I shall not go with you, and I protest against your taking anything from my apartments"—I left him in custody of an Edinburgh officer at the hotel, and I went to 8, Henry-street—I was there shown Dr. Gourley's apartment by the landlady, and in that room I found a box—one of the keys I took from Dr. Gourley opened that box, and in it I found this probate of a will, a pass-book of the western branch of the Bank of England, this account-book, this deposit nole for 1,200l. in the National Assurance and Investment Association, Pall-mall, dated March 22d, 1860, in the name of Daniel de la Cherois Gourley, M.D., of Wilton-house, Regent's-park, London, and an interest note on the same bank for 4l. 5s. 4d., dated 10th July, 1860—these I found in the box—I had searched the defendant previous to going there, and I found on him a letter directed to J. Bryan, Esq., Dacre-street, Westminster, signed by the defendant, and in that letter a crossed cheque for 1,200l., dated 26th July, 1860—another letter addressed to Mr. Bryan and a 5l. Bank of England note, No. 25,037, dated 29th May, 1860—all these I produce.
Cross-examined by MR. TINDAL ATKINSON. Q. Did you see the defendant in company with anybody else? A. Yes, with Mr. Williams—I did not see
an attorney of the name of Lewis—I did not go to Edinburgh in company with Mr. Hanrott; I went by myself—he did not put up at the same hotel—I believe he put up at the hotel called the Waterloo—I saw a gentleman there with him—I was there off and on to make inquiries—I was not acting under the instructions of Mr. Lewis—he was in Mr. Hanrott's presence when I was with him—I apprehended the defendant at the Turf Hotel; I had an Edinburgh officer with me—I was only in Edinburgh one clear day before I took the prisoner—I went on the Monday and got down on the Tuesday—I saw Mr. Hanrott when I got to the hotel; I did not see Mr. Lewis—I saw him the next morning—he and Mr. Hanrott came together in the morning; they came into the room where I and Dr. Gourley were—Mr. Lewis asked me if I had any objection to go out, and I walked out—I stood outside the door; I did not lose sight of the door—I did not hear any part of the conversation—I went in again after Mr. Lewis came out—I took the defendant in custody—I came up to London—I saw Mr. Lewis the next morning at the Mansion House.
ELIZA RIGG . I am the widow of Mr. Samuel Rigg—I live at 5, St. James's-terrace, Notting-hill—my husband died in September, 1858, leaving a will appointing Dr. Gourley executor and two others, James Horton and William Parnell, and I was named executrix—the will gave me a life interest in the property, and at my death it was to be divided amongst different persons—the other gentlemen renounced the probate and Dr. Gourley disliked to act at that time—he afterwards accepted the trust, and he and myself proved the will—we have acted as executors under the will—before my husband's death the defendant had attended us professionally—at the time of my husband's death we had in the bank of Messrs. Hammonds at Canterbury the sum of 703l. 8s. 9d.—soon after my husband's death 200l. of that was taken out by Dr. Gourley to pay the funeral and other expenses, leaving 503l. 8s. 9d.—he told me he had received that 503l. 8s. 9d. and paid it into the western branch of the Bank of England, that was shortly after the 20th of November, 1858; before that I had conversation with him about it—I told him I wished it to be invested—he told me he wished it to be invested—that was both before the drawing out and after—it was to be invested, and he said he. wished it to be in London—I know of an 800l. mortgage being paid in about the 6th of August, 1899—before that 800l. was paid in I had spoken to Dr. Gourley about the 503l. 8s. 9d.—the 800l. for the mortgage was placed in my hands—it was paid in Dr. Gourley's office, 49, Pall-mall—it was paid in notes—this book is Dr. Gourley's handwriting; here is the entry of the 800l., and here is the 503l. 8s. 9d. left in the banker's hands at Canterbury—when the money was paid Dr. Gourley went to the western branch bank of the Bank of England and entered the 800l. into the bank—in going along I said it should be in both names, I believed—he said, not till it was invested—I saw Dr. Gourley afterwards and I mentioned about the 503l. and the 800l.; I kept urging him to invest it, as I was losing the interest—he said he had not met with a satisfactory investment, and we were acting in accordance with the will—at the time of my husband's death we had stock in our joint namqs amounting to 2,492l. 4s. 5d. in the 3 1/4 per cent. Consols; I had no conversation with the defendant about it—I believe it was just prior to the 8th of March this year, he said it-was legally mine, which I believe it was—it was mine before my marriage—he advised that it should be sold out, and 1492l. 4s. 5d. was sold out and 1,000l. remained, and was transferred into my name—I don't know
what was done with that 1,492l. 4l. 5d.—I went into the West of England—I never gave leave to Dr. Gourley to apply this money to his own purposes—I don't know Mr. Bryan—I never gave the defendant authority to offer any money or lend any—I never knew that he had lent money to anybody or had withdrawn this money from the bank.
Cross-examined. Q. The number of legatees was large? A. Yes—Dr. Gourley declined to act, and it was at my request that he acted with me—he advised me to go to Edinburgh; he said he should then be able to arrange things better—it was on 20th November, 1858, I went to the office in Pallmall—I did not object at all to that—there was a second payment of 800l. arising from a mortgage that was paid at the office in Pall-mall—I was present when it was paid in—I went with him to his own bank and saw it paid in to his own account—the money that was sold out of the funds was mine before my marriage—it was sold out to carry out this arrangement with the legatees—it was in the 3 1/4 Reduced—I was aware that the investment bank paid better interest than the funds—it was sold out in March or it might have been the commencement of April—I remember the will being proved—my cousins did not advise the settlement with the legatees.
MR. COOPER. Q. Had you ever a personal interview with Mr. Lewis? A. No; I don't recollect that I ever received a letter from him—I went down to Edinburgh by the advice of Dr. Gourley; he told me it was Mr. Lewis's advice—all I heard was from Dr. Gourley.
JOHN DOUGLAS FARRELL . I am clerk in the western branch of the Bank of England—this pass-book produced by the officer is Dr. Gourley's pass-book with our bank—on the 26th Nov. 1858, 530l. was paid in by him—59l. 13s. 6d. was his balance previous to that—on the 5th August, 1859, there was a further sum paid in of 800l.; before that he had had sums out, leaving a balance of 3l. 5s. 4d. in hand—on the 8th March, 1860, 1,409l. 10s. 4d. was paid in—before that sum was paid the balance in his fivour was 35l. 9s. 2d.—on the 20th March 1,200l. was drawn out by a cheque of Ransom and Co.—since then we have paid a number of other cheques, these are they—his balance now is 28l. 3s. 10d.—the last cheque was on the 21st July, 10l.—on the 20th July, one cheque 5l. to Prideaux, and another for 10l. the same day—on the 7th June another for 10l., on 12th May 10l.—one on 13th January, 10l.; one 20th January, 10l.—on the 26th June here is one for 100l. to Bryan—on 27th November, 1858, one for 200l. for self—on 9th August, 1859, a cheque for Cornyn, 25l. 5s. 3d. for one quarter's rent for office, No. 49, Pall-mall—on 29th November, a cheque for 175l. payable to self or bearer.
HENRY D. ADCOCK . I have been concerned with the defendant in this and other matters—I received from him two cheques, one for 20l. and one for 5l., drawn on the western branch of the Bank of England, I think about December or January—they were paid; these are the cheques—they were to pay a previous attorney's bill—I was Dr. Gourley's solicitor.
THOMAS ROBERT WILLIAMS . I am clerk to Simpson and Cook, stockbrokers, Throgmorton-street—on the 7th or 8th March we sold out this money—the amount of stock was 1,492l. 4s. 3d.—the cheque I made was for 1,409l. 10s. 4d. on the western branch of the Bank of England—I saw Dr. Gourley at our office.
—BRABY. I am a wheelwright in partnership with my father, at No. 32, Bridge-house-place, Borongh—I know Dr. Gourley—I made an ambulance for him—the cost was 71l. 15s.; it was paid by a cheque drawn on the western branch of the Bank of England, dated the 30th November, 1858.
Cross-examined. Q. Was it from a model of Dr. Gourley's? A. Yes; it was a contrivance by which persons could be conveyed about.
HENRY MURRAY . I am a solicitor—I manage the business of Miller and Home, St. Martin's-place—I know the defendant—I defended an action for him at the suit of Mrs. Cox; the debt and costs amounted to 103l. 10s.—the letter produced, Bigned Miller and Home, was sent by me—I received this cheque (produced) for 103l. 10s. on the 8th August, 1859; it was for the payment of that debt and costs.
Cross-examined. Q. Did Dr. Gourley give you instructions? A. I believe he gave instructions to Mr. Miller.
THOMAS PRIDEAUX . I live at 32, Charing Cross, and am a civil engineer—I have known Dr. Gourley for some time—I have been accommodated with sums of money by him between August 13th, 1859, and July, 1860—I have been accommodated with sums amounting to about 80l.—they were not entirely by cheque; some of them were by cheque on the western branch of the Bank of England—this is one for 30l., and this is one for 5l. 10s.
Cross-examined. Q. You have known him some time? A. About twelve months—he is a very clever man in his profession as far as my experience goes.
JAMES CALBURN . I am a grocer—I know the defendant—I have changed cheques for him to the amount of 100l. at least—(The following letters were here read:) "7, St. Martin's-place, Trafalgar-square, 6th August, 1859. To Dr. Gourley,—Re Cox,—Dear Sir,—The costs of the case were this day taxed at 61l. 7s. 6d.; the damages were 41l. 13s. 4d.; total, 103l. 0s. 10d. to be paid over. Mr. Watson said he should not do anything to-day, but we suspect he will issue an execution on Monday; he mentioned that you had advertised a meeting for Wednesday next. The costs of the reference, and Mr. Loxton's fees, 24l., cannot be enforced for some time, in fact not till November; but, in the mean time, Mr. Watson can tax the costs, and prepare to make you pay some in November, which will add 3l. or 4l. to the expenses. We ought to add that Mr. Watson is under no positive undertaking or binding legal promise to wait till Monday for the 103l. 0s. 10d., but as it was clearly understood between us, and he promised not to issue execution to-day, we do not for an instant believe that you will be annoyed with an execution before Monday.—Yours truly, Miller and Horne."—"The University of Edinburgh, August, 1860. To J. Bryan, Esq., Dacre-street, Westminster.—My Dear Sir—I had some reason for withdrawing the amount of the enclosed cheque, which I shall be much obliged to you to have the goodness to send to your bankers and obtain cash for it, until I send for your cheque for it, which may be in a few days; or to request you to pay it into my bankers—should you require a hundred or two of it don't hesitate to use it.—I am, my dear sir, yours truly, D. D. GOURLEY."
GUILTY.—Recommended to mercy by the jury on account of his age. Confined Six Months.
MR. CARTER conducted the Prosecution.
EMILY MICHAUX . I live at No. 5, Constitution-row, Gray's-inn-road—the prisoner is my son—he has not been living with me for three months before this—he left my house with the pretence of going to a situation—I gave him money and clothes—I had not seen him from the time of his leaving till I was called up in the morning of Friday, 24th August, between 5 and 6 o'clock—I found the prisoner in the passage standing with a constable, and this basket packed full of goods taken from the shop: it contained twenty-two brushes, there were eight black-lead brushes, ten large dusters, two larger ones; painters' brushes, parlour brushes, a clothes brush, some essence of lemon, and other things—some of them had been hanging to the ceiling, and the others were in different places—the lock of the parlour-door had been forced back—the parlour communicates with the shop—I had locked the parlour-door myself on the night before quite securely, about 11 o'clock—I was the last person up—there was not any one on my premises after that—the basket had been in the baok room the night before—I did not know my son was there, till I was called—he had no authority from me to enter the house, or to take any of those articles.
COURT. Q. Was there anything to show how a person got in? A. Any one could open the street door—it was not chained—he came in at the street door and got into the parlour and into the shop—this basket is mine and the brushes and other things.
WILLIAM MARRIOTT (Policeman, G 184). I was on duty in the neighbourhood of that house on the 24th August, and about 5 o'clock in the morn-ing I heard a noise inside the house like some one breaking a door—I stood listening and I saw the prisoner peep outside the door—I went there and the door was closed—when the prisoner opened the door and looked out he looked in the direction in which, I was standing, and he saw me and drew back and shut the door—I went to it and knocked—he made no answer; I knocked again and I saw him standing close to the door, looking through the key-hole—I knocked again, he opened the door and asked me what I wanted—I asked him what he was doing there—he said it was all right, that he had come home the night before and made matters all right with his mother—he said, "I have come back to work, I am going to open the shop, I have got my apron on"—on looking down I saw this basket of goods, and over the top of it five bundles of wood were laid to make it appear that he had got all wood—there were in it brushes, tea, sugar, bread, new-laid eggs, and other things—I called his mother down, she was very angry and was fit to fly at him—I found this iron in the basket; it is what the parlour door was opened with, and I found on him this key which opened the outer door, a threepenny piece, and 1 3/4 d.
EMILY COLE . I live on those premises—I had been up all that night at needle-work, and on the morning of 24th August I heard the door opened with a key—I don't know what time it was, but it was not daylight; I was burning a candle at the time—it was after 12 o'clock and before daylight—I heard the door open and I thought it might be a person I live with, who had gone out the day before—I took my candle and looked, but I did not see her.
Prisoner's Defence. I did not take the basket; I went home and slept in the cellar, and about 4 o'clock in the morning I went in the parlour and was
going out; I saw the policeman and not wishing to be seen I went in and closed the door. The policeman came and knocked, and rang the bell, and called my mother; I found these things, which I know nothing about; I had not been home for three months before, when I left to go to a situation.
GUILTY .†— Confined Twelve, Months.
MR. COOPER conducted the Prosecution.
CHARLES THOMAS GAYLER . I am a city-police constable—on 31st August, about half-past 7 in the morning, I saw the prisoner Besworth drive a van to Salisbury-square—he left the van and came back to Fleet-street—I afterwards saw George and a lad drive a cart in the direction from Temple-bar—they stopped the cart and George gave Bosworth a bundle of paper tied in this bundle, containing two quires of the Illustrated London News—Bosworth then went towards the van,—I stopped him and asked him what he had got in that bundle—he said he did not know what it contained; a man gave it him to take to the Great Northern Railway—I asked him who it wai for, he said he did not know—I took him to the station—the parcel is addressed to Mr. Brown, Bradford.
Cross-examined by MR. ERNEST JONES. Q. Who was with George? A. A lad was with him.
Cross-examined by MR. SLEIGH. Q. The name "Brown, Bradford" was on the parcel? A. Yes—I did not look in the van to see what it contained—the van was Mr. Farringdon's, the employer of Bosworth—I don't know that this man was in the habit of collecting papers to take to the Great Northern Railway—I have known Bosworth many years—I know he was in Mr. Farringdon's employ—I did not let him put the parcel in the van to see where he was going to drive to—these papers are what the newspapers were wrapped in, to conceal what they were all delivered the parcel at the station to Mr. Clayton's clerk.
JOSEPH COMBER KNIGHT . I am a city-police constable—I was with Gayler on the morning of 31st August, at half-past 7 o'clock—I first saw Bosworth at the corner of Salisbury-court—shortly afterwards I saw George come with Mr. Clayton's cart in a direction from Temple-bar; he drew up near where Bosworth was and Bosworth went to the cart, and Geoige took this parcel out of the cart and gave it to Bosworth—I let George to on towards London-bridge—I waited at the end of Cannon-street—I there stopped the cart—I got in the cart and told George I was a police officer—I asked him what parcel he had given out in Fleet-street—he said, a parcel for the Great Northern Railway—I took him to Fleet-street station—I then asked him who gave him that parcel—he said no one gave it him, it was laid on the counter, and he took it and put it in the cart by no one's direction.
JOSEPH CLAYTON . I am a newspaper agent—the prisoner George was in my employ to carry out various newspapers to the different stations—it was his duty to tie them up—we do not send newspapers by the railway on Friday morning—it is a rule that no paper shall be sold till Saturday—we have them on Friday morning to post to Scotland—George has been two or three years in our service I think—he knew that well—he could have no right to have the Illustrated London News in his cart on Friday morning; certainly not—I saw this parcel at Guildhall—I had taken stock before—immediately on my
arrival at my business, after I heard this parcel had been taken from my stock, I missed two quires and five sheets—George had no right to these newspapers—these would be worth about 1l. 1s. 6d.—we had no such customer as Brown, of Bradford.
Cross-examined by MR. ERNEST JONES. Q. Do you mean these never leave your house on Friday morning? A. If a customer comes in and wants one we let them have it—it is not customary for one newsman to oblige another—I don't know that it is a general habit for persons in the newspaper trade to send papers from one to another—we have other persons in the shop besides George—I think two persons besides him were employed in carting parcels—when we get them from the office there are twenty-seven in the quire—this parcel contained two quires and five sheets—I did not count the stock of my other newspapers—I received in the office thirty-five quires—I have known George three years—I had great confidence in him.
The prisoners received good diaracters.— NOT GUILTY .
THIRD COURT.—Thursday, September 20th, 1860.
PRESENT—Mr. Ald. CUBITT, M.P.; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. GENT conducted the Prosecution.
THOMAS SIMMELL . I live at 7, South Wharf, Paddington—I produce a bill of exchange for 23l. 11s. 6d. drawn by the prisoner—the signature is in his writing, and the endorsement—I received it at my own house from the prisoner himself; he brought it to me to be discounted—I had discounted a bill for him before—he said, "You know Mr. Snell; this is one of Mr. Snell's"—there is the name of Snell across it—it is "Accepted, Edmund Snell"—I looked at the bill—it is payable at No. 11, Gracechurch-street, City—I did not call on Mr. Snell before discounting it—I called afterwards—I discounted it, and it was left with me; it has never left my hands—I called on Mr. Snell some little time before it came due—(Bill read:) "London, March 12th, 1860, Mr. Edmund Snell, 2, Johrison-place, Harrow-road, Paddington, boot-maker, a bill for 23l. 11s. 6d.—Accepted, Edmund Snell, payable at 11, Gracechurch-street, City."
Cross-examined by MR. SLEIGH. Q. How long have you known Mr. Dyer? A. Perhaps twelve months—this book is in my writing; I use it to refresh my memory—during the time I have known Mr. Dyer I have discounted pretty extensively for him—I discounted two bills in the name of Snell—only one before this—he paid the first one—I never had any dealings with Mr. Snell—I am quite certain that Mr. Dyer brought me this bill, I was not quite sure about that for a moment before the Magistrate—I hesitated for about ten minutes—I was three times before the Magistrate—I think it was the second occasion when I was sure of it—I presented this bill for payment to Mr. Snell at his house in Johnson-place, and he said it was not his writing directly it was presented; instantly—I had a conversation with him between, the discounting and the maturity of the bill—I showed Snell the bill before it became due—he did not say it was his writing
because I did not let him finger it—I held it up to him—I asked Vm whether he had accepted a bill for 23l. 11s. 6d. of Mr. Dyer—I mentioned Mr. Dyer as the drawer, and also mentioned the date—he said, "Yes"—that took place at Snell's—I went away satisfied.
MR. GENT. Q. Is the date of the bill you took of Dyer 12th March? A. Yes; that is the same date as this bill—Dyer sometimes sent bills by his boy to my office—I was not sure at the moment whether he had sent it or had come himself; but now, having turned the matter over in my mind, I have no doubt that it was Dyer himself who brought the bill—I have refreshed my memory by my book—it is in my writing, and it contains I accounts of the dates of some of my bill transactions—I gave the money to Dyer himself.
COURT. Q. Have you discounted Snell's acceptances for other persons besides the prisoner? A. No.
EDMUND SNELL . I am a boot and shoe maker, carrying on business at 2, Johnson-place, Harrow-road, Paddington—I have known the prisoner three or four years, he is a leather seller—I have had dealings with him during that time, several times—I have recently had credit of him for goods—about 12th March last I had some goods of him to the amount of 23l. 11s. 9d.—I bought the goods myself, and accepted this bill of exchange for that amount—it is made payable at my house at 2, Johnson's-place—I have had two bill transactions with him before—the last bill I gave him previous to this was on 13th December, 1859, this is it (produced)—it is payable at three months—I have paid this one previous to this 12th March—there was no money owing to him, and no bill outstanding—the name in the corner, James Logan Dyer, is in the prisoner's writing, and the endorsement on the back—I do not know the writing on this bill of 12th March—it is not my acceptance—it is not the bill I gave—I have not authorized the prisoner or any one else to accept a bill for me—I had never seen this bill till it came, from the hands of the holder, Mr. Simmell—he called on me about the bill before it became due—he asked me if I had accepted a bill for young Dyer; he named the amount and the date—they corresponded with what I had accepted—I showed him the invoice, he said he was very glad to hear it, and then he went away—this bill is on a lithographed form.
Cross-examined. Q. How long have you known Mr. Dyer? A. Three or four years—when I knew him first I was carrying on the same business, as a boot-maker, and also in the discount line, as I do now—I am the manager of the company—there are others beside myself in the company;—the first transaction I had with him was, I bought some goods for him—that was not on credit; I did not give him a bill for them, I paid ready cash—I had to sue the prisoner on a bill about two years ago—I never discounted but two bills for him—during all the years I have known him I have discounted two bills and accepted three for him—the bill on which I had to sue him was a joint promissory note of himself and two others—I have never accepted any bills for his accommodation in my life—I was not introduced to him originally by a person named Wilford—I know a person named Alfred Wilford—I had had bill transactions with him—he kept the same shop—there was no disagreement between myself and the prisoner—it was not a quarrel, it was only a little business transaction—I might have met him at a public-house some time ago, and have gone to his place and bought some goods, I don't remember that I did—I never had any animosity towards him—I sued him, but that was a matter of business—this bill was paid by me, and if I was to say that it was an acceptance of mine I should tell a lie
—I put it on the file and never noticed it—this is a forgery too—I have not indicted the prisoner on that—it is on a threepenny stamp, and dated 15th December, 1859—that was paid by my wife, and I received the value in goods from him to that amount three months before, but it is not my acceptance—I left the money with my wife, and when I came home she told me she had paid it and put it on the file—I never found out that it was forged till I took it off the other day—I did not entertain the slightest notion it was a forgery, and my wife would have paid this bill if I had not been at home—I might have paid it myself and not have looked at it—it was made payable at my place of business—I mean to say that that "Accepted, Edmund Suell" upon this bill of December, is a forgery—that would be due on 16th March—from that 16th March to the present day I have never had any bill presented to me for 20l. 9s. 6d.; neither of these acceptances are bad imitations of my writing—I have not prosecuted any other person on a charge of forging my name to a bill of exchange—I have been at Exeter, I was carrying on business there—I was not dealing in bills there too—I never gave any bills there—I was a journeyman there for seven years—I never appeared against a person and charged him with forging my name—I left Exeter nearly fourteen years ago—I never gave a bill of exchange there, or promissory note; nothing of the sort—Mr. Dyer's shop was closed—there was a dispute—he signed his father's name to a bill—I never knew his father—he was carrying on business in the same place that he occupied until the time of his arrest—he got into some difficulties—I don't know Richard Barnard—I know the prisoner's brother-in-law, but he always went by the name of Dyer—I know John Davis—he is in the same line of business as myself—a man named Barnard signed my bill, but he goes by the name of Dyer—I positively swear that this "Edmund Snell" is not in my writing—I know James Wilson, Mr. Dyer's foreman—I don't recollect that I went into the shop and said, "Where is Jim?"—I used to say "the governor"—I never said to Wilson. "I hear the game is all up with Jim: what is he going to do about the bills I gave him? I expect he will make me all right,"—nothing of thd sort—I never attempted to take some of the stock out of the shop, saying to him that it would secure me against loss—I don't know whether there was an execution in the house at this time—I don't know whether there was another person there when I said something to Wilson I about the governor; I don't know that there was a Sheriffs officer.
MR. GENT. Q. You say the prisoner was in a respectable way of business for some time; how long before the arrest were the premises closed? A. I don't know—the prisoner's brother-in-law, Barnard, had a loan of me, and I have never been paid—he signed the name of Dyer then, and when I summoned him he said his name was Barnard—I say both these bills are forgeries—I gave bills in each case for the same amounts—the other bills were paid, but the last one has not been paid—I have had other bills presented since this for the same amounts—it is two years since I sued the prisoner—he defended that action—I have had dealings with him twice or three times since that—I have never accepted bills for him, except for goods which I purchased, and not then, till I had the goods at my house.
COURT. Q. I suppose the prisoner went down in the general crash of the trade? A. He went before that; he was in embarrassed circumstances before that.
THOMAS HURST (City-policeman, 220). The prisoner was given into my custody on Tuesday, 25th June, by Mr. Newin—I told him he was charged with forgery—I took him to Smithfield police-station, and from there to
Paddington, where the charge was read over to him from the charge-sheet—I have not got it here—I heard him told that he was charged with forging a bill of exchange for 23l. 11s. 6d.—he said he was very sorry for what he had done.
JOSEPH COOKE . I am a wholesale boot and shoe maker, carrying on business in Newgate-street—I have known Mr. Snell ten or eleven years—I have done business with him, and have been in the habit of seeing him, write continually—the acceptance across this bill is not in his writing, I am positive—I have been in business in Newgate-street eight years, and nineteen years in Greville-street, Hatton-garden.
Cross-examined. Q. Is it at all like his writing? A. Very slightly—I have known Snell up to a recent period—to the best of my knowledge and belief this bill if December, 1859, is his writing, but the other is not.
COURT to SIMMELL. Q. What day was it that the bill of exchange was brought to you for discount? A. On 22d March—the date of the bill is the 12th.
Witnesses for the Defence.
JOHN DAVIS . I am no relation of the prisoner's—I hare known Mr. Snell four years—he is the manager of a loan society—I knew him before that time—I had no opportunity of seeing him write till I became a borrower to his loan—that might be now two years ago—I have seen him write, and have received letters from him, on which I have acted—from those means I believe I have acquired a knowledge of his writing—this "Accepted, Edmund Snell" resembles his writing, and, to the best of my knowledge and belief it is his.
Cross-examined by MR. GENT. Q. You first said it looks to be the same? A. According to the writing I have seen—I have a loan book here which I saw him write (produced)—I do not form my judgment by that book—I have bis letters also sent to me with his name on them in fall—I saw Mr. Snell write in this book, on the dates entered there—I saw him write the whole of it—I did not see him write before February, 1858—that was the first time—I had several letters from him after that date—I have not got them by me now—I received the last letter from him, it may be about six or seven months ago—they are not printed forms—the "Edmund Snell" written on the letter resembles the one on the bill—I received the letters from Mr. Snell as secretary of the loan society—to the best of my recollection the letters were not lithographed.
MR. SLEIGH. Q. Were the letters that you received about arrears that you were in default? A. Yes; they were directed to me in writing, and the signature was in writing also.
ELIZA BARNARD . I am the wife of Richard Barnard, and live at 15, Queen-street, Seven Dials—I have known Mr. Snell for years, up to about twelve months ago—he is the manager of a loan society—my husband hm borrowed money there—the payment had been going on until within twelve months ago—I received letters from Snell, and have seen him write re-repeatedly—I have received letters from him on which I have acted—by those means I think I have obtained such a knowledge of his writing as to be able to speak to it—the signature on this bill is Mr. Snell's writing—I have another in my pocket very much like it—I feel confident those words "Edmund Snell" are in his writing.
Cross-examined. Q. Where is the signature you have in your pocket? A. Here is one—I did not see him write that (A promissory note signed by the prisoner and another person, promising to pay Snell 5l.)—I have his
signature to a letter he sent me; that is more than twelve mouths ago—I looked at that bill before I was examined—no other bill was shown to me at the same time—the signature on this bill of 13th December is very much like his writing—I have not seen this before that I am aware of, I did not see it this morning—I am the sister-in-law of the prisoner.
COURT to EDMUND SNELL. Q. Is that paper in your writing? A. Yes; that is what I put into the County Court—(This was a joint promissory-note written by Snell, and signed by Davis and Dyer).
GUILTY of Uttering. — Four Years' Penal Servitude.
MR. METCALFE conducted the Prosecution.
JOHN MOYE . I am messenger in the service of Messrs. Atkins and Son, of 62, Fleet-street—I live there—about a quarter past 10, on the night of 15th August, I was about to enter the private door in Bouverie-street in order to go home—it was raining, and the female prisoner came and asked me to lend her my umbrella—I refused, and said I wanted it myself—I went to the back of the premises to look at the fastenings of the shutters—she came round there and asked me again for my umbrella—I told her to go away, for I did not want to have anything to say to her—I then put my hand up to the shutters, and she began to fumble me about—I said, "If you don't go away, I shall give you in charge"—my watch was, at that time, loose in my waistcoat pocket, with the chain inside the pocket where she was fumbling—she then went away—I put my hand to my pocket and found my watch was gone—I was going to run after her, when I was collared by a man, perhaps a couple of yards from where I was standing at the shutters, and not more than two or three seconds after the woman had gone off—I put my hand to my pocket instantly—the man said, "You ought to be prosecuted"—I called out "Police," immediately—he said, "You ought to be prosecuted," before I I called "Police"—he did not say why—he ran away directly I called out—he held me about two or three seconds; his holding me impeded me from going after the woman—I did not see her when I got into Bouverie-street—I cannot say whether the man ran or walked away—I saw a policeman standing opposite Bouverie-street, on the other side of Fleet-street—in consequence of what I said to him, he went down Bouverie-street and brought the woman back—he said to me, "Is this the woman?" I said, "Yes, that I will swear;" and that instant, she put the watch into my hand, and said, "Here is your watch, you won't lock me up?" in the presence of the policeman—I locked her up—when I attended the police-court the next day, I saw Alger in the gallery of the Court sitting there as one of the audience—Cole was then in court—I pointed Alger out to the police—I had an opportunity of seeing his features when he collared me, I looked him right in the face—there was no light except the gas-lamp the other side of Bouverie-street—there was sufficient light to enable me to see him—I have not the least doubt that he is the man—the Magistrate asked me to look round and see if I could see the man—I did so, and in about half a minute I pointed him out.
Cross-examined by MR. SLEIGH. Q. Do you swear positively that he is the man? A. I have not the least doubt of it—I swear that he is the man, from the impression which his countenance made upon me—I cannot tell you whether he wore a hat or a cap—I can't tell how he was dressed—I should I rather say he had not whiskers—I would not swear either way—Farley was
the officer who took the woman into custody—I think I saw him in the morning at Guildhall before I got into the box to prefer this charge—I bade himgood morning—he did not tell me that if I looked round the Court, I should probably see the man; nothing was said about it, either by him or anybody else—I had not thought of looking round the Court before I was asked to look by the Magistrate—I was there at 12 o'clock; we were not waiting for any length of time—until I had been asked to look round by the Magistrate, I had not seen any person who I thought was the person who had collared me—he was perhaps four yards from where the woman was in the dock; he was standing—there are seats there for any one to sit down—at the time the woman took my watch, I did not see any man near.
Cole. Q. Did not the two policemen have hold of me, one at each shoulder, walking along when you were behind, and say, "You must come with me"? A. Yes, the policeman had hold of you when you gave me the watch.
ISAAC FARLEY (City-policeman, 342). On 15th August, about a quarter past 10 o'clock the prosecutor spoke to me, and I took Cole and took her to the prosecutor—she gave him a watch and said, "Here is your watch, you will not lock me up, will you?"—I did not see Alger at that time—I was at the police-court next day when the prosecutor was asked to look round, to see if he could see the male prisoner, and he pointed him out from as many people as are now in this Court or perhaps more—after the prisoners were remanded at Guildhall, I went below and heard Alger say that he knew nothing of the woman.
JOSEPH COMBER KNIGHT (City-policeman). On Thursday, 16th August, I saw Alger at the police-court, and afterwards saw him in the custody of a gaoler to whom he gave his address, 14, Vauxhall-street, Vauxhall-wharf—I have been there, but there is no No. 14, and I could find no such person.
Cross-examined. Q. You at first said Vauxhall-walk? A. That was a mistake—I went to Vauxhall-walk and found No. 14, but there was no such person there—I went there because I thought it might be the prisoner's mistake.
ROBERT FRANKLYN (Policeman, K 480.) I have known the prisoners for the last two years, and have seen them together going to and from Devonport-street, Ratcliffe; they live together there as man and wife—the last time I saw Alger was about a fortnight before he was apprehended; he then had whiskers half-way down his face and under his chin, meeting all round.
Cross-examined. Were you at Guildhall police-court on the morning the charge was preferred? A. Yes, I saw Mr. Moye in court before the charge was entered into, but had no conversation with him whatever, for I was rather late—I was not there on the first examination; I was there on the remand.
Cole's Defence. I am innocent; I did not touch his watch, and know nothing about it. Witnesses for Alger.
WILLIAM DUNNING . I deal in foreign shells and birds at 31, Lower Shadwell—I have got three rooms and the back warehouse—I have known Alger about fifteen months—he has been working with me eight or nine months, and generally slept at my place, but at times he does not deep there—he was sleeping there in August last—I was not aware that he was taken in custody till two days afterwards—on Wednesday, 15th August, we brought the boat ashore and it came on to rain hard—that was five weeks ago yesterday—that was the last time he worked with me in the boat—he was wet through, and stopped with me till 11 or half-past, when I went to my
bed and left him to go to his—I keep a clock which is right within half an hour, and by that it was 11 o'clock—we had some tea and laid down on the sofa, and he went to the White Lion public-house and came home at half-past 10 or a quarter to 11 and went to bed—I was with him the whole time—I never missed him from 7 till 11 that evening, but he may have been absent for a few minutes.
Cross-examined by MR. METCALFE. Q. Have you known him fifteen months? A. I may have known him longer—I had some corn that day from a vessel called the the Milly, and have my receipts here—it was last Wednesday five weeks, not six weeks—I have no memorandum of the day—I do not keep a book for that—I only take receipts of what property I receive—Alger generally slept in my house—he is a single man and when he gets a good day's work he goes out drinking, and we go and take a glass of something, which I cannot afford—I do not know Cole; I have seen her in the parish of Shadwell, but never had any conversation with her—I do not know that I ever noticed her.
COURT. Q. I have got it down on my note that you have seen her? A. I do not know as I have seen her—on my oath I do not know that I ever saw her in my life before—I have not seen her.
MR. METCALFE. Q. What room did Alger sleep in at your place? A. In the back place—there is only one floor; it is all ground floor, and I have got the floor to myself—he did not sleep in the back warehouse, but in the last room—I sleep in the other room with my wife and two children—my wife is generally at home with me; she is not here—one of my children is three years old and the other eleven months—a publican and his wife and family, I believe, sleep in the house—there is nobody here from the public-house I went into that night—I brought nobody but myself—I do not remember seeing the prisoner with whiskers since I have known him—I should not like to swear that he has not worn them, or that he has—I did not see him on the morning after this Wednesday—he went out before I got up—I do not know what induced him to go to the police-court.
Mr. SLEIGH. Q. Has the publican who sleeps in the house anything to do with you? A. No—I do not know who sleeps in his private rooms any more than he does in mine—my wife has the children to take care of and that is the reason I would not let her come here—I have no recollection of the prisoner having any whiskers within the last month or two before he was taken in custody—I cannot say that I have ever seen Cole before, and I have not looked at her yet.
Q. Look at her then. A. I cannot say that I have ever seen her before.
ALGER— GUILTY .*— Confined Twelve Months.
COLE— GUILTY .*— Confined Nine Months.
The officer Franklyn stated that the prisoners had been convicted together of an aggravated assault.
786. JULIA SIMPSON (24), and CHARLES SPILLER (27) , Stealing 12 pairs of stockings, 6 pairs of socks, 2 pairs of gloves, and 1 piece of braid, the property of John Bagallay and others, the masters of Spiller, to which
SPILLER PLEADED GUILTY .— Four Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
WILLIAM SMITH (City-policeman, 572). On 30th August, about twenty minutes to 3 o'clock, I was near Moor-lane, Cripplegate, and saw Spiller with this parcel (produced) under his arm—I followed him to Cripplegate Church
—he crossed over the road to Simpson, who was standing there, and gave it I to her—they both walked on together, turned into Jewin-street, and then into Wells-street, where they stopped, and Simpson gare Spiller some money—he then took this parcel from his pocket and handed it to her—I followed them to a public-house—they came out, went into St. Martin's-le-grand, and I separated—Simpson ran across the street into Little Britain—I stopped her there with the parcel under her left arm—I said, "I am an officer; you I received that parcel from a young man"—she said, "I have not"—I said, "What is in the parcel?"—she laid, a dozen pairs of stockings, which were for her own use, and that she had given 12s. for them—she appeared very much agitated, turned very pale, and could hardly speak—she said, "I have I been led into this; I am very sorry for it"—I said, "You have given some money for it?"—she said, "I gave him 12s. and I made it up with halfpence"—I said, "You have received also another parcel?" and she produced this other parcel from under her shawl, containing two pairs of ladies' gloves and a piece of silk braid—she said she was very-sorry at being placed in this position, but she had been led into it—I took her to the station and found in the bundle twelve pairs of stockings and five pairs of socks—she was searched by the female searcher'—I then went to Messrs. Bagallays and gave information, and took Spiller—Simpson gave her address, 4, John's-lane, Smithfield-bars, and said she was a widow—I went there and made a search—no one occupied the room but hersalf her husband, and the sister.
Cross-examined by MR. RIBTON. Q. How do yoa know it was her room? A. I saw her husband there and his sister—it was the front room—the sister lives with them.
SUSAN MARSHALL . I am the wife of Jacob Marshall, a city police-sergeant, and am female searcher at Smithfield station-house—I searched Simpson on the afternoon of 30th August, and found a pair of socks in her dress pocket.
THOMAS WESTON BEGALLAY . I am a partner in the firm of John Bagallay and others of Aldermanbury—Spiller was our porter—I believe I these stockings, socks, and braid produced to be our's—we have goods precisely similar in stock, and I have no doubt they form part of it—this piece of paper with the manufacturer's mark upon it is exactly the same as we keep—we occasionally have packets of less than half a dozen goods—I can say that this single pair of sucks and the five pairs in the paper came from the same paper.
Cross-examined. Q. Would not all the paper the manufeaturer sells have the same mark, even if supplied to other people? A. It might or might not—these are marked to our order—we did not miss them, they might have been sold, similar goods have been sold.
MR. LILLEY. Q. Why are you not likely to miss them? A. Because we have so large a stock—we received information from the police—Spiller would have access to property of this description—he was not authorized to purchase or take away goods without paying for them—he would have to ask one of the young men for them.
MR. RIBTON contended that Spiller's plea of quilty could not be taken as evidence against Simpson, and that without that there toas no evidence at all.
THE COURT being of the same opinion, directed a verdict of
OLD COURT.—Friday, Septemher 21st, 1860.
PRESENT—Mr. Justice BYLES; Mr. Justice BLACKBURN; Mr. Ald. COPELAND, M.P.; Sir JAMES DUKE, Bart., M.P., Ald.; Mr. Ald. LAWRENCE, and Mr. Ald. CONDER.
Before Mr. Justice Byles.
MR. MCDONNELL conducted the Prosecution.
HENRY STEVENS . I am a cane maker, residing at Friars Mount, Bethnal Green—On Sunday Morning, 2d September, about 1 o'clock I was at Mr. Craigge's house at Friars Mount—a person named Waring came to the door and asked me to direct some person the way to Whitechapel Church—I went up to the prisoner, who was standing a little way from Mr. Waring's door, and asked him where he wanted to go to—he said "I want to go to Whitechapel Church"—I told him the way to it—he said, "When I get to Whitechapel Church, how far am I off from Whitechapel-street?"—I directed him—then he asked me for Church-street, Bethnal Green—I told him, and with that he turned round and called me a b—liar, and a thing, or something of that sort—he up with his hand and made a blow at me with his fist, and in return, I struck him back—he said he would cut my b—throat, and he put his hand to his right hand pocket—I ran from him directly, into my own passage—he followed me—I did not have time to bolt the door, he forced it open again, and by forcing it open he slipped, and I jumped out into the road—he directly gave me a blow over the left eye; I don't know what with—I hallooed out that I had been stabbed—the blood came from my left eye very bad—Mr. Waring came up, and I asked him to take me to a doctor's—the prisoner did not run far, he only went on to the pavement—Mr. Waring and I went down to Church-street to find a doctor—I was taken to the police-station, and there attended to by a doctor—I afterwards gave the prisoner in custody—whilst I was at the police-station the prisoner turned round and said, "I say, old fellow, if I had been sober I should have blinded you."
Cross-examined by MR. BEST. Q. This was 1 o'clock in the morning; are you usually up so late? A. Being Saturday night we had been round at a friend's having some beer—that was at Mr. Craigge's place—there were six of us—Mr. Waring was not one of us—there was Mr. and Mrs. Craigge, I and my wife, and Mr. and Mrs. Birch—I went into the place about half-past ten—we were not drinking inside the public-house till 1 o'clock—I got home about a quarter past 12—we took home three pots of beer with us, and were finishing up the night at Mr. Craigge's—Mr. Waring first came up and called me out—I said nothing to the prisoner—nobody else said anything to him; not a word while I was there—the man was savage when I came up—I gave him a civil question and he gave me a rough answer—I did not hear anybody talking to him before I got there—I saw nobody—it was rather a dark place, but there is a lamp right facing Friars Mount—there was no light in the passage of the house—I was not sober, I had had a little drop.
MR. MCDONNELL. Q. Where you felt your eye bleeding, was that in the open street? A. Yes—I had neither said or done anything to the prisoner before he spoke to me.
turner—On Sunday morning, about 1 o'clock, the prisoner came up to me as I was sitting at my door eating my bread and cheese—he asked me the road to Church-street—I told him—he then asked me when he got to I Whitechapel Church how far he would be from Whitechapel, and I told him he was in Whitechapel then—then I went and called at Mr. Craigge's house for one of them to come out and direct him, as he would not go away—the I prosecutor came out and told the prisoner where Church-street was, and I where Whitechapel was—I was not olose to them while this was said; I did not hear it all—then there were blows between them, but I don't know who struck first—the prisoner ran after Stevens, and I was afraid, and ran to my street door—I afterwards ran up the street, and found Stevens was stabbed—he was standing up against a wall—he asked me to take him to the doctor's—I took him towards the doctor's, and went with, him to the station-house afterwards—the prisoner was there before us—he said to a man that he would have a go with him if he would come where he was.
Cross-examined. Q. You say the prosecutor was stabbed; what do you mean? A. The blood was running down his face, and he said, "I am stabbed, take me to the doctor's."
JOHN WILLIAM BROWN . I am a cabinet maker, at 11, Friars Mount—On Sunday morning, 2d September, I was coming home and saw the prisoner draw a knife from one side of him, with the right hand, and inflict a wound on the prosecutor—he raised his hand—I did not notice the place where he struck—I did not notice which pocket the knife was taken from.
Cross-examined. Q. You were not before the Magistrate? A. No; I first gave this evidence the day before yesterday, to the prosecutor—he asked me to come up—I could not swear the prisoner is the man, because I did not see him distinctly.
ELIZABETH STEVENS . I am the prosecutor's wife—we were in Mr. Craigge's house when the prisoner passed the door—I did not see him till I came out—I then saw him running after my husband with a knife in his hand—my husband ran into his own house and shut his door—the prisoner forced the door—my husband still kept it shut—the prisoner made a slip—my husband came out into the street again, and the prisoner, returning, made answer, "I will cut the b—b—'s throat"—I did not see anything done by any one—when I saw my husband he was bleeding from the temple—I saw a white-handled knife in the prisoner's hand—by taking it from him the point of it cut into my little finger—I took it out of his hand and gave it to the officer—I saw the prisoner taken into custody—the man that the policeman took into custody was the same man from whose hand I took this white-handled knife (produced.)
Cross-examined. Q. Do you know that knife? A. Yes; it is the knife that came out of the prisoner's hand—I never saw it before, I am quite sure of that—I don't know that it is mine—I never said it was mine or Mr. Craigge's; I know nothing of it—I had been drinking a little that night, nothing to speak of—we did not leave our house till half-past 10 o'clock—we had no spirits—I am not mistaken as to the man.
ROBERT BILLING (Policeman, H 101). On 2d September, about 2 o'clock in the morning, I was on duty at Friars Mount—I saw the prisoner and a man named Craigge, and the last witness together—the prisoner and Craigge were struggling on the ground together—I asked what was the matter—Craigge said, "He has stabbed a man"—I detained, him a few minutes till the prosecutor's wife came up—she said, "I give that man in custody for stabbing my husband"—when she handed over the knife she
said, in the prisoner's presence, she had taken it from his hand—I then took him to the station-house—on the way there he said he would stab forty b—people if they struck him first—the surgeon went to the station and dressed the prosecutor's wounds.
Cross-examined. Q. He was rather excited, and drunk? A. He was a little gone in drink—he is an Irishman, I believe.
WILLIAM PROPHET DUKES . I am assistant-surgeon to Mr. Edmunds, of Spital-square, Norton Folgate—On 2d September, about 2 o'clock in the morning, I was taken to the Chapel-yard police-station—I saw the prosecutor there—he was bleeding very much from an incised wound on the left side of the forehead, about an inch long—it was over the left eye, and penetrated to the bone—I dressed the wound—in my judgment such a wound would be produced by a similar instrument to this knife.
Cross-examined. Q. He soon got well? A. He is quite well now; there was nothing dangerous about it.
The prisoner received a good character.
GUILTY of unlawfully wounding. — Confined Six Months.
Before Mr. Justice Blackburn.
MR. GENT conducted the Prosecution.
(The prisoner Nicholls being a foreigner, had the evidence interpreted to him.)
THOMAS WEST . I am a cigar maker—On 29th July last about 11 o'clock at night I was near the Beehive public-house, North-street, near the Commercial-road, St. George's-in-the-East—Charles Shrewsbury was with me—we afterwards returned to the Beehive, but did not go in—we had been at the Red Lion—when we got back to the Beehive, I spoke to ft female who was with the two female prisoners—I touched her and said, "How are you, Polly?"—upon that the male prisoner came up to me, and two others followed directly after—being hard of hearing I could not hear what he said, but he muttered something—the two female prisoners were close to me when he came up; they may have been two or three yards away—I turned round and he muttered something—both the female prisoners directly said "The b—a want the knives put into them; put your b—knives into them"—they were speaking to the male prisoner—I was turning round telling the other witnesses to go away quietly; when I was caught hold of by the back of the head and thrown right off the kerb—I could not say who did that—I was thrown down, and the prisoner atop of me; there were two or three standing round at the time—I was pulled down, and when I fell down I saw the prisoner on me, and then I was stabbed—I saw the male prisoner do it—it appeared to be with a knife or dagger—the first stab he made at me with the dagger went through my coat—I was on the flat of my back and I had a good view of him; he thrust it right through my chest—there was no one else near then—when it went through my coat it did not wound me—there were two stabs made at me—I saw them both made, but I did not feel the knife go in until he had got off me, and I found then that my breath was short, that I could not breathe—no one else was near enough to me at that time to do anything—there were others there, two of them were apparently foreigners—I have not been able to use my hand since, from the effect of the wound—it was not hurt in any other way—there was a lamp burning close to where
we were, and it was right opposite the public-house—I called out to Shrewsbury and said I was stabbed.
Cross-examined by MR. SLEIGH (for Eliza and Jane Booty.) Q. What time did you go to the Beehive that evening? A. It was late in the evening, but I can't say whether it was 10, or five or ten minutes past—it was later than 9 o'clock—it was as near ad possible 11 o'clock when I was stabbed, I should say, because the public-house was closing—we had been in there, and out of that into the Red Lion, another public-house in Batty-street, something like 100 yards from where this occurred; this was Sunday evening—the Beehive was the first public-house that I went into—it is about a quarter of a mile from where I live—I think I had been there at dinner time to take refreshment, porter or half-and-half—I dined at home, and went to sleep afterwards—I went to the Beehive about 9 o'clock—I dare say I had had a glass of half-and-half between dinner time and when I went out at 9, but I had not had enough all day to make me intoxicated—when I first went into the I Beehive I had a drop of half-and-half or porter; I don't drink spirits—I think we had a pot amongst three of us, and then we went to the Red Lion and had, I think, a pot again—I got in no general row—I did not go back into the Beehive—it was outside the Beehive that I was stabbed—my brother was with me—I only had the quarrel with the prisoners—previous to that I had not spoken to anybody—I believe the name of one of the witnesses is Mary Harwood—there were not two or three foreign men upon the ground, and I, amongst others, kicking them—the only person I was struggling with was the prisoner, to stop the knife from coming into me—I do not know whether there was a man there named Emanuel—there were two I men there besides the prisoner; they appeared foreigners—I did not have a quarrel with those two men, and all come down on the ground together; nothing of the kind—there was nobody near me when I was stabbed, except I the prisoner—Shrewsbury was not on the ground with me and the foreigners, nor did Mary Harwood, with others, come and pull me off of them—I had known the two female prisoners before that night—I never have been in their company at all—I have lived in that locality fifteen years, and I go into the public-houses there—both the female prisoners said, "They want the knife put into them;" both used the same words, and they both said, "You b—s, you will be dead before morning, and the foreigners will be gone"—I told I that to the constable in the hospital; I don't know his name—those were the very words they made use of—there was not a great deal of confusion at the time—there was a great deal of noise when they found we were stabbed, but the whole affair did not last anytime—the language that I heardwhile the row was going on was far different from "Mind your knives; take care of your knives"—there was no such language as that made use of—I have heard nobody say that that was the language.
Nicholls. It was my countryman stabbed him, not me.
MR. GENT. Q. Was the seizing you by the back of the head the commencement of this? A. Yes; nothing took place before that that I saw—what row there was ensued after that—I am certain that this was the man who stabbed me, the light was sufficient for me to see him—when in the hospital, although nearly blind, I recognised him, and saw he had his whiskers cut then—a tall foreigner engaged with Shrewsbury and he was also stabbed.
CHARLES SHRESBURY . I am a labourer living in Barnard-street, Commercial-road—On 29th July, in the latter part of the evening, I was with West in North-street, St. George Vin-the-Eastr—I went into the Beehive public-house;
I then crossed over the road to go home—there were two girls opposite—West was with me, and his brother, and another young chap, Charles Austin—we met two females—Jane Booty was one of them, the other was another one that was with them—West spoke to Polly—there were only the two girls there then—he said, "How are you, Polly?"—I could not exactly say what answer she made, for I was standing on the kerb, and up came the foreigner—the woman that he spoke to was not in company with any man at that moment—the foreigner came running up round the corner when she was spoken to—that man is not here; he is gone to sea, I believe—he said to West, "What are you doing with my girl?"—West said, "I don't want your girl, I am doing nothing with her," and that caused the disturbance—then West's brother ran up, and he and the foreigner had a fight—then up ran a lot more; the male prisoner was one amongst them—there was a general fight, four of them and four of us, or it might have been five—while the fight was going on both the female prisoners said, "Use your b—y knives"—they were all together—they did not speak to me; they were speaking to the foreigners, of whom Nicholls was one—Nicholls and West were on the ground then, I saw them fall—at that time I was not engaged in the conflict, I was standing looking on—I saw those two men down and then I heard West say he was stabbed—there was only Nicholls and West together then—I ran up to them to give assistance, and I was stabbed by the man that has gone to sea, Emanuel I think his name is—there was no one near West but Nicholls at the time he called out that he was stabbed—they were on the ground together—there were two gas-lights—I think the public-houses were just closing—there are two gas-lights almost on the spot—I was stabbed on the left side, through the jacket—it was a serious wound—I was in the Hospital.
Cross-examined. Q. Did you go to the Beehive with West? A. Yes—I we do not live together, we live in the same street—I had seen him that morning before—I went to his house—his sister was married that day—I went to tea in the afternoon—I dare say it was 3 o'clock when I went there—the marriage party was held at his house—we were drinking porter, and also tea—I stayed with him that afternoon till we set out for the Bee-hive—I only went home and washed myself—we started, I dare say, shout half-past 9 to go to the Beehive—we were all sober—I can't tell whether West was perfectly sober, he did not seem the worse for liquor when we went to the Beehive—I could not swear whether he was drunk or not—we had, I think, a pot of beer between four of us—the next was beer again; two pots, I think—that was before we adjourned to the Red Lion—I dare say we had been at the Beehive an hour before we went to the Red Lion-we were at the Red Lion about a quarter of an hour—we had sixpenny-worth of gin amongst five of us at the Red lion—West was sober to all appearance, I could tell how he felt inside—there was a general row between us eight people, that lasted, I should think, about ten minutes before any knives were pulled out, or anybody was stabbed—West's brother was engaged in the fight—I was not on the ground together with West and his brother, along with the foreigners—I dare say I was four or five yards from them—West and his brother were not on the ground with the foreigners at the same time; only those two people together—there were never any people on the ground except West and the prisoner, that I saw—I know Mary Harwood—it is not true that there were four foreigners on the ground, and that West and I were knocking and kicking them about; nor is it true that West and his brother were kicking them about; nor that Mary Harwood came and pulled me and West awuy from the foreigners—
the expression which the women made use of was, "Use your knives"—it was not "Mind your knives," or "Take care of your knives," or "Put your knives into them."
Nicholls. You and another one laid hold of me by the hair of my head.
Witness. I did not—I was fighting with the one' that assaulted me.
Nicholls. They began to beat me about, and my knife dropped from my pocket, and another of my countrymen took it and stabbed him with it.
Witness. There was nobody but himself when West halloed out, "I am stabbed"—I never put a hand on the prisoner at all, I was with the other one.
MR. GENT. Q. Did the women make use of those expressions onoe or several times? A. Several times—they said, "Use your knives," and then "Use your b—y knives," and "Stick it into them."
JURY. Q. Did West take any of the gin? A. He did drink a little drop—he never drinks gin, but he did take a little drop.
MARY HARWOOD . I live at 23, Brunswick-street, and am a laundress—on the night of 29th July I was crossing North-street, St. George's—I saw all the prisoners there—I saw Shrewsbury and West go and insult the young woman that Antonio Nicholls was stopping with—I did not hear what they said—Nicholls was in the street with the young woman; just coming from the public-house—he has been stopping with her since he has been from sea—I saw West go and take hold of the girl, and Nicholls, being the worse for liquor, did not like seeing her pulled about by those landsmen, West and Shrewsbury—I went up near to them to try and get Nicholls away, and West hit him and so did Shrewsbury—they knocked Nicholls down—there was a fight between them—West knocked Nicholls down, and Shrewsbury went and kicked him and another foreigner that was with Nioholls—West was not on the 'ground; he had Nioholls down on the ground—there were a great many kicking Nicholls when he was on the gwind—when he got up he drew his knife at them; I saw him draw it—he stabbed West with it on the side, in the chest—I only saw him stab him once—West bad no chance to do much after that—Shrewsbury then went up and kicked Nicholls; and when the two female prisoners saw Nioholls with the knife, they told him to mind his knife and put it away—I did not hear anything more, only the girls telling them to "Mind your knives"—that was said after the stabbing—the two females did not see him stab him—they saw the glitter of the knife—I am sure it was after the stab—Nicholls had his knife in his hand when the women said, "Mind your knife"—I saw it, the two female prisoners saw it and told him to put it away—I know these two women; I live three doors from them—I don't live with them; I am in lodgings—I knew Nicholls a fortnight, and know him to be a very steady, quiet young man—he lives, not with one of the prisoners, but with another one that is outside.
CHARLES DAWSON . I live at 37, Richard-street, Commercial-road—On 29th July, about a quarter to 11 o'clock at night, I was present at a disturbance—I saw the prisoners there, and West and Shrewsbury—I saw West touch one of the women on the head; he did not say anything—she had a cap on at the time, and he touched her on the cap—Nioholls was with the woman; he asked him what he wanted to do that for—he spoke English—he shoved West down—he caught hold of him by the breast—Nicholls went down too, and held him down—while this was going on, Nioholls called out in English for some more help, and eight or nine foreigners ran out of Brunswick-street—I did not see Shrewsbury do anything then—saw, Umauuel, the other
foreigner, run behind Nicholls; I can't say whether he took a knife from him, but he ran and stabbed Shrewsbury—Shrewsbury went to help West—after he had done that the stabbing took place—the two women were there—they cried out, "Emanuel, use your b—y knives"—Nicholls had West on the ground at that time—no other man but Nicholls struggled with West in any way—I did not see West stabbed—when Nicholls left him he got up and said, "I am stabbed"—Nicholls was the only man that handled him.
Cross-examined. Q. How long did this row last before there was any stabbing? A. About ten minutes—when Shrewsbury saw West knocked down he ran to his assistance—he did not knock anybody down, or anybody knock him down, but Emanuel ran out and stabbed him—that was when the row had been going on for some time—there was only one on the ground; that was West—I know West's brother—he ran away from them—I know Mary Harwood—I did not see her during the whole affair—I should think the greatest number of people there at any one time was between twenty and thirty—there was not a considerable noise and squabbling and swearing—it was a general row—they all seemed sober.
WILLIAM CONOLLY . I live at 5, Brown Bear-alley, East Smithfield—I was at North-street, near the Beehive, when this disturbance took place—when I came out of the Beehive I saw Shrewsbury running backhand a tall foreigner running after him—I did not see anything done to Shrewsbury by the tall foreigner—the tall foreigner knocked me down, he was on the pavement—Nicholls was in the middle of the road—I can't say what Nicholls was doing—I did not see him do anything either with West or Shrewsbury—I saw the struggling with the tall foreigner and Shrewsbury—the woman were at that time in the street, hallooing out, saying, "Pull out your knives, Emanuel, pull out your knives, where are your knives?"—the two female prisoners called that out—I don't know whether they spoke to any one besides Emanuel, they were in the middle of the crowd—they spoke to anybody—Nicholls was near enough to hear.
Cross-examined. Q. How many women were there there? A. I can't say—there were a tidy few, about a dozen—I did not exactly look round to see how many men there were—there was not a crowd—I dare say there were thirty or forty people—none of them appeared to me to be drunk—they were not very noisy—they were rowing before I came out—I did not see Nioholls in the middle of the road scuffling with West and Shrewsbury.
JOHN WILLIAM MOSS . I am a coffee-house keeper at 8, Back-church-lane—On Sunday night, 29th July, I was at the Beehive about 11 o'clock—I heard a noise, and went out—when I got out I heard Charles Shrewsbury sing out that he was stabbed—I went over to him, and laid hold of him, and pulled this dagger (produced) out of his side—there were a lot of people there—directly I set him down I ran away to get a cab—immediately after I took hold of him I saw the backs of one or two running away—they appeared to be foreigners—I gave the dagger to the policeman at the hospital.
MARY ANN LEE . I am an unfortunate woman—On Sunday night, 29th July, the three prisoners and I were in company together—West, who was in company with Shrewsbury, came up and spoke to me, and kissed me; both the men that were stabbed did so—I told them to go away, and they made use of very bad expressions—I heard very bad language—the women told the men that were there to mind and take care of the foreigners' knives—the foreigners had their knives out at the time—I have seen this dagger before—it belongs to Nicholls—I have seen it in his possession—I dout
exactly live with him, I have been with him frequently—the foreigners always carry knives about with them.
Cross-examined. Q. How long was the row going on? A. We were there all the evening together—I did not hear these women, or either of them, make use of any such expressions as, "Pull out your knives; pull out your b—knives; stick your knives into them"—the women did not make use of any expressions, as encouraging the men, or either of them, to pull out their knives or use them, or anything of the kind.
FREDERICK MARTIN (Policeman, H 135.) On 1st August I apprehended Nicholls in Ratcliff-highway—I asked him if his name was Antonio—he said, "My name is John Castor"—I asked him if he was in a row on Sunday evening, where two men were stabbed—he said, "No, I was at my boarding house"—this was in broken English—I told him I was a police-officer, and should apprehend him—I did so, and took him to the London Hospital, where he was identified by Shrewsbury—West was ill at that time.
JOSEPH DENDY (Police-inspector, H.) Nicholls was brought to the station-house on Tuesday evening, 31st July—I said, "I am going to ask you a few questions, and the answers, you make to me I shall tell to the Magistrate in the morning"—I asked him if his name was Antonio—he said, yes, that his name was Antonio Nicholls—I asked him if he knew a girl named "Jew Polly"—that is Mary Ann Lee—he said, "Yes, I have been stopping with her two weeks—I said, "Were you with her on Sunday night last?"—he said, "Yes; there were three of us, and three girls"—T said, "Were you in North-street, and did you get fighting?"—he said, "Yes"—I said, "Did you have a knife?"—he said, "Yes"—I said, "What became of it?"—ho said, "I lost it that night"—I said, "What sort of a one was it?"—he said, "A white handle, with a cross, and broken at the top"—I said, "You had a beard and moustache on that night"—he said, "Yes"—I said, "Who cut it off?"—he said, "I did it myself yesterday"—I said, "What for?"—he said, "Because I was frightened some one should know me"—he also said he was frightened when fighting, and ran away—I made a note of these expressions at the time, and they were read to him—the charge was then made to him—he was cautioned when it was read over to him—he said it was all right.
Prisoner. He did not ask me what sort of a knife it was. Witness. I did.; I am quite positive of it—I received that knife from the constable.
FREDERICK ROUTLEDGE . I am house-surgeon at the London Hospital—on Sunday, 29th July, West and Shrewsbury were brought there, about half-past 11 o'clock—West was wounded in the chest—it was about an inch long, aud it appeared to penetrate to the sternum, but by passing my finger, it passed obliquely into the muscle, severing the cartilage at the fifth, or sixth rib—that wound was very dangerous indeed to life—I could not ascertain whether the lungs were wouuded, but I have no doubt they were—with caution he is out of danger—I saw only one stab on West—this knife is just the very thing I should think that would inflict such a wound.
Nicholls Defence. The two persons that were wounded knocked me down aud struck me repeatedly with their hands, and tore the hair from my head; and two of my countrymen came up to me, and one of my countrymen took the knife and stabbed one of them, and then told me to go away because he had stabbed him; that one is gone, and he left the knife in the chest of the person that was wounded.
NICHOLLS— GUILTY .— Confined Twelve Months.
ELIZA and JANE BOOTY.— NOT GUILTY .
789. FREDERICK AUGUSTUS DAVIS (34) , Feloniously forging and uttering an acceptance to a bill of exchange, for the pajunent of 479l. 6s.; also, forging and uttering an acceptance to a bill for 689l. 18s.; also, an acceptance to a bill for 635l. 2s.; to all of which he
PLEADED GUILTY .— Six Years' Penal Servitude.
NEW COURT.—Friday, September 21st, 1860.
PRESENT—Mr. Ald. COPELAND, M.P.; Mr. Ald. CUBITT, M.P.; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. TINDAL ATKINSON conducted the Prosecution.
THOMAS HUBBLE (City-policeman, 94). About half-past 10 o'clock on Saturday, 15th September, from information I received, I went to Messrs. Ridley's, and after I had seen them, I went to the prisoner; I said to him, "I believe you are the person who pledged a table-cover at Mr. Hughes, 115, Old-street, yesterday?" he said, "I don't know anything about it; I was not in Old-street, neither did I pledge anything"—I said, "You must accompany me to the pawnbroker's"—we went there, and I said to the pawnbroker, Mr. Hughes, "Do you know anything of this man?"—he said, "I don't know anything further than he has pledged goods here; he pledged a table-cover here yesterday about 1 o'clock"—the prisoner said, "You are mistaken; I am not the person; I don't know anything about it"—the pawnbroker said, "You remember pledging a table-cover here yesterday, and taking out at the same time a gold chain?"—I said to the prisoner, "You must go with me to the station"—in coming out of the door of the pawnbroker's he turned round, and said to him, "You are quite right, I did pledge a table-cover"—I took him to the station, searched him, and found this Albert chain; and at his lodging this bundle of worsted (produced)—he said at the station, "I met a man at a coffee-shop in Golden-lane, who asked me if I would pledge the table-cover for him"—the prisoner was not with me when I went to his lodgings.
Prisoner. Q. Did not I say when I came out of the pawnbroker's, "This is not in Old-street?" A. Yes—the shop is at the corner of Old-street; the house stands in Old-street—there are two side doors—there is a door in Old-street—the house would be properly described as Old-street—I don't think a person could be easily mistaken.
PATRICK NOLAN . I am manager to Messrs. Ellington and Co., Watling-street, City—I am employed in the damask department—we do business in table-covers—the prisoner was in their service as porter—he is not in the discharge of his duties entrusted with parcels of this kind—we keep a stock of these covers in our warehouse to which he has access—this table-cover produced by the pawnbroker is of precisely the same quality and character as those which we have in stock—I have one here just like it from our stock (produced)—we have also worsted of this character—we have no private mark on it—our stock is very large—we have two places of business, one in Watling-street, and one in Friday-street.
pledged at our shop by the prisoner—he had not been there before to my knowledge—when he came with the cover he took out a gold Albert guard 1l. 5s.—I advanced 6s. on the cover.
COURT. Q. Are you sure he is the man? A. Yes, confident—when he took the guard out I asked him 1l. 5s. 10d.—he seemed rather-confused, and said he must pledge the cover to make up the difference, as he told me at the time he had not sufficient money to pay for it—he pledged it in the name of John Kennedy—he looked to me to be a respectable young man.
Prisoner. Q. Did not I tell you I had come to take the chain out for a gentleman to look at? A. No, I am sure of that.
Prisoner's Defence. I went out to dinner at half-past I into Fore-street; I was there, and pulled out my pocket-handkerchief and a pawn-ticket of this guard, which I had got in pawn; a gentleman, who sat aside of me, said, "What have you got there?" I said, "A ticket of mine in pawn." He said, "Let me look at it;" he looked at it, and said, "We will get five or six shillings up and get it out, and look at it." Another man came up with a parcel, and I went in and pledged the table-cover whioh was in it in his name; I know nothing about the worsted, it has been in my room for months.
GUILTY .—He received a good character.— Confined Twelve Months.
MR. LAWRENCE conducted the Prosecution.
GEORGE NIVES . I am a hair-dresser, and live at 8, Brompton-row—I know Mr. Doubble, of Bartlett's-buildings, a brush-maker—on 28th August the prisoner called at my place with some goods, and this receipted invoice (produced)—the amount was 4l. 19s. 3d.—I paid him 5l., and he gave me 9d. change.
JAMES MINORS . I am warehouseman to Mr. Thomas Doubble, of 18, Bartlett's-buildings, a brush-maker—in August last the prisoner was in his service as porter—he had been employed by him about three months—on 29th August I gave him this invoice with the goods—it was, made out by the clerk—he was to take the goods to Mr. Nives, and to receive, the money—I gave him 9d. for change—he was to bring back 5l.—he did not return—I did not see him again till he was in custody last Tuesday.
JAMES STEVENS . I am clerk to Mr. Doubble—in August last the prisoner was in his employment as porter—when he received money, his duty was to pay it to me—he did not pay me 4l. 19s. 3d. on 29th August—he has never paid me that sum or any part of it.
Prisoner's Defence. I put the money in my pocket, five sovereigns, and when I got close to the building I found I had lost three of them. I was afraid to go back, because I thought he would turn me away. I thought I could get a place, but they would not take me without a character.
GUILTY .— Four Years' Penal Servitude.
ELIJAH WHEATLEY WATTS . I am a warehouseman—on 24th August, about 12 o'clock at night, I met the prisoners; they asked me to treat them with a little beer, and I did so, at Mr. Short's—I don't know the sign of the house—after being there some little time I left, and the prisoners came out immediately—I had to cross the road; they came after me—after I had gone a little way Jenkins wanted me to go with her—I said I would not, and
she immediately put her hand in my pocket—I said, "You have got your hand in my pocket"—she took it out and some money fell on the ground—she took it up and put it in her pocket—I had about 1s. 6d.—I said, "Give it to me;" and I was immediately struck by some man a violent blow on the jaw which broke my jaw right across—I was taken to the station and the prisoners were brought in—I knew Roberts, but I was in great pain, and they were both discharged—the next night a policeman sent for me to the station; the prisoners were there, I identified Roberts as the woman who was with me the night before, and as soon as Jenkins spoke I knew her voice and identified her.
Cross-examined by MR. LLOYD. Q. Had you been drinking? A. I had had two pints of half-and-half and a pint of porter—when I went with the prisoners I had nothing but ginger beer—I was not a quarter of a minute with them; just at the door—I might have been with them altogether about a quarter of an hour—I had not more than 1s. 6d. and a copper coin—I had been drinking in Southwark, over the water—the first time the prisoners were brought in I identified Roberts; I knew her—I did not see the man in the public-house—I have no doubt he was in the public-house—I was directly stunned when I was struck.
COURT. Q. You identified Roberts the first night and you were in such pain you could not be sure of the other? A. Yes.
EDWARD DILLING (Policeman, 98 G). On Friday night, 24th August, I was on duty in Middle-row—I saw the two prisoners running away, about fifty yards from where I afterwards found the prosecutor lying insensible on the ground—I asked him what was the matter—he complained of being robbed and assaulted—I asked him by whom, and from what, he said I took the prisoners in custody and took them to the station—I assisted in taking the prosecutor to the station—I brought in the prisoners, and he at onoe identified Roberts, but being in such agony he had a doubt about Jenkins and they were both let go—the next day I received information and took the prisoners to the station—the prosecutor was sent for, and he at once identified the two prisoners—I likewise apprehended a man whom I saw running with the prisoners, but the prosecutor could not identify him and he was let go.
Cross-examined. Q. Did you fetch the prosecutor to see the prisoners? A. The prosecutor went to the station and I went in search of the prisoners and brought them—the next night I took the prisoners and I went and took the prosecutor to the station—I told him I had taken two women and they were waiting at the station to see if he could identify them—I know where the sign of the Leaping Bar is; it is in Old-street.
MR. RIBTON. Q. How far is the Leaping Bar from the station? A. About 130 yards—a man was taken—the prosecutor was suffering much that night—it was about 11 o'clock on the next night that I showed him the prisoners, and he then identified Jenkins.
Roberts. Q. Why did you take another woman to the station? A. I did not take any other woman, you were the only two I took—I took the man on the second occasion.
Roberts' Defence. He could not swear to us the first time; he took us the second time and then the man came there; this woman was out and I was in her company; the prosecutor said it was not either of us.
COURT to EDWARD DILLING. Q. Did the prosecutor say it was not either of these women? A. No.
GUILTY .— Confined Twelve Months each.
MR. GRESHAM conducted the Prosecution.
JOSEPH WILSDON (Policeman 69, G.) I was on duty in Old-street at half-past 12 at night on the 23d August—I went past the prosecutor's bouse—it was quite secure—I went round my beat and in about half an hour I returned again—I then tried the doors, and on trying the middle door, which leads to the bar, it went open, and immediately I heard some one moving—I said "Halloo, ma'am, I thought you was gone to bed"—I was answered by the prisoner who said, "It is all right, I have only come in for a glass of ale"—there was no light, it was all dark; I stood just inside the door—the prisoner was there and she again repeated that it was all right, she had only come in for a glass of ale—I called and the landlord came down—I asked him if he knew the prisoner, he said, "No, I never saw her in my life"—he gave her in charge and I took her to the station—the house is in St. Luke's parish.
Cross-examined by MR. METCALFE. Q. Is that a night house? A. It is open very late—there is a beer-shop there—there is a court between the two houses—I went round at half-past 12—I tried the doors and found they were all safe—when I shook the door I stopped, to see if any one was there—I found the doors were fastened with bolts—there is a side door up the court—a single door opens to the bar—a folding door opens to Old-street—there is a counter running round—it was one of the two folding doors that was open.
JOSEPH EDWIN TOWNSHEND . I keep a public-house, 124, Old-street—on the morning of 23d August I was called by the last witness, about a quarter before 1 o'clock—I found the prisoner and-the officer—I had gone to bed about 12 o'clock; I had fastened all the doors—I remember bolting the folding doors—I never saw the prisoner before in my life—there was nothing missed from my place.
Cross-examined. Q. Did you fasten these doors or your wife? A. My wife could not, she is so short—I bolted both, the top and bottom—I and my wife were in the house, and a boy, who is a relation, and I have five children.
NOT GUILTY .
NOT GUILTY .
MR. GIFFARD conducted the Prosecution.
WILLIAM TOWNSEND (City-policeman, 123.) About twenty minutes past 1 o'clock, on 23d August, I saw the prisoner at the corner of Bloomfield-street—I observed something bulky iu his coat-pocket and in his trousers-pocket—I said to him, "What have you got in your pockets?"—he at first said "Nothing"—I said, "I believe you have some silk there"—he seemed rather frightened, and said, "I have; let me go this once and I will never
take any more"—I took him to the station, and found in his pockets this silk (produced).
Cross-examined by MR. METCALFE. Q. When did he say that he had it? A. When I accused him of having silk in his possession—I said that at the police-court—he said, "I will not take any more," or, "I will not do it again"—I believe he said, "I will not take any more"—he gave his correct address and his proper name—he said at the station that he had found it in a paper in Broad-street—this was about twenty minutes past 1 o'clock in the day—I could see that he had got something, but I could not see that it was silk—I did not find any paper about him except a small piece containing some duplicates.
RICHARD COMBER . I carry on business, with others, at 1, Great Winchester-street—the prisoner has been engaged as a porter at our warehouse—I can't tell whether he was on the 23d of August; I believe not—I have examined these heads of silk—some of them I know are the property of our firm, some I cannot identify—we had silk of this sort—some of this is common, but some is of a very peculiar sort—the value of it is about 1l. 10s.
Cross-examined. Q. Is your's a large business? A. Yes; my partner sells this silk—supposing silk to be sold we should send it out by the porters—they take it out from directions—our premises stand in a certain yard—there is a large yard belonging to other persons besides us.
Cross-examined. Q. Are there other persons constantly about? A. Yes. The prisoner received a good character.— GUILTY.—Recommended to mercy by the Jury. — Confined Six Months.
THIRD COURT.—Friday, September 1st, 1860.
PRESENT—Mr. Ald. COPELAND, M.P.; Sir FRANCIS GRAHAM MOON, Bart; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
MESSRS. GIFFARD and ORRIDGE conducted the Prosecution.
WILLIAM JARVIS (City-policeman). On Wednesday, 20th August, I went with Huggett, another officer, to 16, Laystall-street, Clerkenwell, and found the prisoner Smith—he carries on business there as a boot-maker—he his a bed-room on the top floor, and a workshop in the back kitchen—I said to him, "I understand, Mr. Smith, you have been selling a quantity of uppers to the trade, in London and in the country; of whom did you buy them!" telling him that I was a detective—he said, "I bought them of a short man, who I should know, if I saw him again"—I said, "Do you know his name!"—he said, "No; I do not"—I said, "Have you any more uppers by you?"—he said, "Yes; I have"—he then went into the workshop with us, where there were several men at work, and Mr. Joseph, who was with us, pointed out eight pairs of uppers for women's boots, saying that they were his—they were on the lasts, being worked up—we then went to Smith's bed-room,
where there were three boxes—I said to Smith, "Which is your box?"—he pointed out this box (produced), and gave me the key—I unlocked it, and found in it the sixty-one pairs of uppers (produced) which Mr. Joseph identifies—I asked Smith who he bought them of—he said, "The same person"—I said, "Did you book this purchase at all?"—he said, "Yes; I did," and produced this book—I searched the room, and found seven pairs of children's boots hanging from the wall—(the boots were entered in the book "to William Pickering")—I said, "Do not you know the person's name?—he said,"No"—I said, "Have you any morel"—he said, "Yes"—we then went down to the front shop, and in a drawer on the counter I found five pairs of women's boots, seventeen pairs of uppers, and in the window, exposed for sale, four pairs of boots—Mr. Joseph identified the uppers and some of the boots—I said to Smith, "Do not you know Mr. Joseph?"—he said, "Yes; I do"—I said, "You must know this man's name, now tell it"—he said, "His name is Pike; he works for Mr. Joseph"—Mr. Joseph said, "Do you know a person named Clark?"—he said, "Yes, I do; he works for you also"—I told Smith that he must consider himself in custody for receiving them, knowing them to have been stolen—he said, "Well, I cannot help it; I believe I paid a fair price for them"—I took him to Smithfield station, searched him, and found 1l. 0s. 8d. on him.
JOSEPH BUGGETT (City-policeman), I went with Jarvis and found eight pairs of women's boots partly made up in the workshop—Smith said, "These are the same materials," and Mr. Joseph identified them—we then went to Mr. Joseph's, in Skinner-street, and Pike was called into the counting-house—I told him that I was a police-officer, and wished to ask him a few questions respecting a robbery which had taken place—I said, "Do you know a person named Smith?"—he said, "No; I do not know such a person"—I said, "Mr. Smith, of Laystall-street, a boot-maker"—he hesitated for a few minutes, and said, "Yes; I do know such a person"—I said, "Smith is in custody for receiving a quantity of boot uppers belonging to your master, and he states that he purchased most of them from you"—he said, "I never sold any of my master's property in my life"—I took him to Smithfield police-station, and Smith pointed him out as the person who he had bought the goods from—Pike made no reply—I searched him, and found a pair of boot uppers round the calf of each of his legs under his stookings, two pairs round his waist under a belt, a pair in each of his trousers'-pockets, and one pair in the inside breast-pocket of his coat—next day, taking him from the station to Guildhall, he said that he only commenoed robbing his employer during the last four months, and the reason of it was that he had been stopped in the warehouse by one of the firm and searched, and had nothing but a knife upon him.
GEORGE HUNT . I am a shoe-maker, and have worked for three months at Smith's shop—I was at work on some of these uppere when the officer came and took them away—I have been with Smith when he has been buying what are called bottoms for boots—I have seen him buy soles—he has sent me to sell uppers for him a great many times—I have received the money and handed it over to him—I do not know Pike—on one occasion I heard Smith (say that he would give Clark a good blowing up, the next time he saw him for bringing such rubbishing uppers, and that if Mr. Joseph had no better uppers in his warehouse, he would not give' him a shilling for his whole stock.
occupied a bed-room up stairs and the back kitchen—some of these uppers were taken from some drawers in the shop, which we allowed Smith to fix there—there were some boots in the window for sale along with the confectionary—I have seen Pike at our house with Smith several times—the last time was on the Tuesday—I have seen Pike with Smith in the parlour—he may have gone up into the bed-room with him—I have seen them go up stairs, but never followed them—I have heard no conversation between them—I have seen Pike once or twice with a small parcel—Smith has lived in the house two years and eight months—Pike has been coming there for perhaps a twelvemonth, on and off—Pike may have been some weeks twice a week, and sometimes not at all—I have not seen him with any boot uppers in hig hands—the parcel might contain one of these uppers or more, but I cannot swear to it.
DAVID JOSEPH . I am in partnership with my brother at 13, Skinner-street, Snow-hill—Pike was one of our warehousemen, and had access to all our stock, manufactured and unmanufactured—I was with the officers on 29th—these articles are all mine—the value of these which were brought from Smith's is 23l. 6s. 8d.—I do not know Smith, but he says he knowi me—I also identify the uppers found on Pike—there were other uppers of mine at Smith's besides these—on my going over the drawer in which my goods were, with those of somebody else, Smith regularly selected my goods, saying, "These are your's, and these are your's," and I found that hi selection was perfectly correct.
Cross-examined by MR. RIBTON. Q. I suppose you carry on business to a very large extent? A. Yes, in a wholesale way—I do not buy the uppers in this state, I manufacture them—I never sell uppers without making them into boots first—we sell the boots at the same establishment—these uppers are manufactured by us—we are entirely in the wholesale way—uppers are sold in the trade—there are not a great many manufacturers—I cannot tell whether other manufacturers sell uppers only—there may be manufacturers who make uppers and sell them, but I do not know of my own knowledge—there is a trade done in London in ready closed uppers, but I do not know one manufacturer—there are not hundreds of thousands of ready closed uppers sold—I should not think the trade was so extensive—I do not think they send ready closed uppers from Northampton—our's have onr mark on them (pointing to it)—this mark indicating the size is common to the trade; but these marks, indicating the manner in which they have bees manufactured, are our private marks—this "8" means the size; "W" means welts—it is my "W;" but another manufacturer could put "W" for we U if he liked—this other mark means welts, military heels—such boots are sold at auction rooms in London.
COURT. Q. Are they private marks of the quality and value? A. Of the quality and description, and the cutter's private marks, so that I can tell which cutter cut auy particular boot—these are what are called springs; they are worth 6s. 1d. a pair—these called lace, are worth 4s. 1d. a pair; and these called button, 6s. 1d. a pair—these cashmere, with springs, 4s. 1d. a pair—these are general prices known to the trade, and any person going to a respectable warehouse would have to pay such prices for them.
GUILTY .—(See next page.)
PLEADED GUILTY .— Four Years' Penal Servitude.
798. GEORGE CLARK (46), and WILLIAM PIKE . ( ), were again indicted for stealing 423 uppers of boots, the property of David Joseph and others, their masters, and the said JOHN SMITH for feloniously receiving the same.
MESSRS. GIFFARD and ORRIDGE for the prosecution, offered no evidence against CLARK.
NOT GUILTY .
JOSEPH HUGGETT (City-policeman). I took Pike at Guildhall on 30th Aug.—he said to me on the road that he had been robbing his employers for the last four months, and from further information I received I accompanied Mr. Joseph to Mr. King's house in Gray's-inn-lane, where he identified these 379 pairs of uppers (produced)—I then went to Mr. Gladman of Pinner, and received the first time nineteen uppers, and the second time twelve pain more—I also went to Mr. Purvis of Commercial-road east, and received three pairs, and to Mr. Grattan of Goswell-street, and received ten pairs—I showed them all to Mr. Joseph.
WILLIAM KING . I am a leather-seller in Gray Vinn-lane—I have known Smith seven years—I purohased 379 pairs of uppers, spme from Smith, some from Mitchell, and some from Hurt—I know Mitchell and Hurt as being in Smith's service—these are the invoices (produced)—I used to supply any goods that Mr. Smith required—I have not seen Mitchell in his service—I have got invoices that were brought to me by Mitchell—they are signed "J. Mitchell for Smith"—the body of them is in Smith's writing.
Cross-examined by MR. RIBTON. Q. Do you know Smith's writing? A. No—I know nothing about the connection between Smith and Mitchell, except what Mitchell told me—I had none of the uppers from Smith himself—I have no invoice with the goods—Smith never spoke to me about having sold me goods through Hurt or Mitchell—this invoice was receipted at my shop—it is in Smith's handwriting, but he never receipted a bill in my shop—it is signed "A. John Smith"—I cannot say by whom it was receipted—I cannot recognise the writing—I should say this other invoice (produced) is Smith's writing, as it corresponds with the others—I had dealings with Smith, but invoices have not passed between us, nor writing of any sort—these (produced) are bill-heads out of my shop—I should say they are receipts purporting to be those of John Smith—I wrote them either for Mr. Smith, or Hurt, or Mitchell—I cannot say that I ever knew Hart or Mitchell sign Smith's name—I cannot tell you whether John Smith wrote this signature "John Smith"—I believe it to be his, because it is like his other writing—I have never seen Smith receipt bills, and do not know whether this is his receipt or not—I have seen him at these premises, but not very often—I have never seen Smith write, and do not know his writing, but I say this is his writing, because there are three signatures to this invoice, and this is like Smith's signature that I have received before, when he has sent the bill with the goods already receipted—I should say that the other signatures were not sent to me in the same way as this—whether the other invoices were Smith's I do not know, except that they bear his name.
GEORGE HURT . I was for some time in Smith's employ—I have seen him write—this invoice is one of his, this other is his, and so are all these bilk—I know Mr. King, I have taken uppers to him for sale—Smith sent me with them, and I have sold them—I have been nowhere else with uppers, but I have taken boots to Mr. Grattan and to Mr. Purvis from Smith—I took none to Gladman of Pinner.
Cross-examined by MR. RIBTON. Q. Was the only person you took uppers
to, Mr. King? A. Yes; I believe I have taken them there a dozen times, at intervals of a week or a fortnight; sometimes there has been a week, and sometimes two or three weeks—the last time was, I believe, on 29th August—it is about three months since I first went.
JAMES GLADMAN . I am parish constable of Pinner, and am also a hoot and shoe maker there—I have purchased uppers from time to time of Smith—altogether as many as eighty pairs—I first took away nineteen pairs, and then another thirteen pairs—I received them all from Smith—I put my initials on twelve pairs.
Cross-examined by MR. RIBTON. Q. I suppose you cannot tell whether the eighty pairs were Mr. Joseph's, or not? A. I do not know—I have had dealings with Smith four months—they were all fair honest transactions—I should have brought the boots open in my hand through London streets—I made up the rest of the uppers and sold them.
Cross-examined by MR. RIBTON. Q. How many pairs altogether have you purchased of him? A. About four dozen—they were all manufactured into boots—I never bought any uppers.
ENOCH GRAFTON GRATTON . I am a boot and shoe maker of 100, Goswell-street—I have purchased about thirty pairs of boots of Smith—I had eighteen pairs on hand when Mr. Joseph came to me—he identified ten pain which I handed to the officer; they are here.
Cross-examined. Q. You bought boots only of him? A. Yes. (The evidence of Sarah Dennington was taken to be given, as in the last ease.).
DAVID JOSEPH . I have looked at all these articles; they are all minePike had access to them—these elastic boots which I value at 5s. 6d. I found were bought at 3s. 1 1/2 d.—here are several other purchases at 2s. 6d. and 2s. 8d., and cashmere boots at 2s. 9d.—I am reading from Mr. King's invoice.
Cross-examined by MR. RIBTON. Q. How do you know the M? A. They from my own manufacture—it is only the uppers that I claim as my property—the bottoms have been added since the uppers were taken—I never missed any, but can swear that I lost some; I sell boots, but none of these are my manufacture—I have got one partner—not one upper is ever sold at our place—we have not extensive dealings with the trade in London—the uppers are manufactured at our own place—there are many other manufacturers of uppers in London—here is a mark of 5 1/2, and a dash and an M. under it, on this upper—5 1/2 mean the size; but the 1/2 has been attached since—it, was not there when they were in our establishment—M. means military heels.
Cross-examined by MR. THOMPSON. Q. Do you ever buy any uppers of other people? A. No—I know what value I should put on these goods—there is no independent person in Court who could put the value on them.
PIKE— GUILTY .— Confined Eighteen Months.
SMITH— GUILTY .— Four Years' Penal Servitude.
OLD COURT.—Saturday, September 22d, 1860.
PRESENT—Mr. Ald. CONDER, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. LANGFORD conducted the Prosecution.
WILLIAM HALL . I live at 30, Kirby-street, Snow-fields, and am a night watchman to Henry Grey, a lighterman of Water-lane—on the afternoon of the 23d August, I went to the London Docks, to the Shadwell basin, to look after the lighter Kenmtt—she is the property of Henry Grey—I went on board between twenty minutes and half-past 8; there was nobody on the barge then—it was laden with ten hogsheads of rum—I bad been there about ten minutes when I heard a footstep on the gunwale of the barge, and I asked who was there—the officer replied, "It is me;" that is, Wenman, he is a Custom-house officer—I knew he had gone to take charge of the rum—he went about half-past 3 in the afternoon—Wenman then came down into the cabin and said, "Are you going to stop here?"—I said, "Yes"—he said, "I have a friend on deck; I am going for a few minutes," and went out, of the cabin—he returned in a short time and said, "Are you going to stop all night?"—I said, "Yes"—he said, "I don't think it is any use me stopping, I think I will go home "—I said, "That you can do as you please about; I am not going to leave charge of the craft"—he said, "My friend does not go away till 10 o'clock," and went out oi the cabin—he had been gone some little time and came back and said, "It is'only now about half-past 9"—he stopped ten minutes or a little more and then said, "I will now bid you good-night"—I saw no more of him till he was in custody on the quay—I had one other lighter to look after, a barge called the Elbe, laden with flour—I was not always on board the Kennett—I did not see Brownson till I saw him in custody on the quay—I went an shore to have a look at my other barge—Cooper called me; I went up to him and he asked me what I bad there—I said a barge loaded with sugar, rum, and molasses—the prisoners were both there and could hear that—he asked me if I knew either of them—I said, "Yes, I know Wenman; he has charge of the barge"—I asked him what was the matter—he said, "They have got some rum about them"—I was detained on the quay till the inspector came—I did not take any rum; nobody could come on the barge without Wenman's knowledge—he showed himself about four times—there was nobody on board the barge when I went away.
Cross-examined by MR. METCALFE. Q. Have not you said that a person could come on board without your hearing it? A. No; I said that a person might easily secrete himself on board the barge—I was there from 8 o'clock till 10, but went away twice at intervals, from three-quarters of an hour to an hour—I was away about twenty minutes out of two hours—I was only about three-quarters of an hour on board the Kennett—I had been there about a quarter of an hour before I finally left—my other barge was about fifty yards off—Wenman said he was going away but did not say why; I know nothing about his wife being ill—it was his duty to remain on board as a Custom-house officer, for the purpose of the revenue, from 4 o'clock till half-past 7 or 8 next morning, when he would be relieved by another officer—my time to leave was 10 next morning, but I was taken away.
DANIEL COOPER . I am a watchman in the service of the London Dock Company—on the night of 23d August, I was on duty at Shadwell basin, near the Kennett—I saw the two prisoners, about 10 o'clock, coming off the
Royal Bride from the lighter Kennett—I said to Wenman, "What is your business?" he said, "We are Custom-house officers"—I asked him if it was not an unusual time for Custom-house officers to be on the quay—he said, "I am going home"—I asked him if he was in charge of anything; he said that he was in charge of a craft—I asked him if it was not an unusual thing for Custom-house officers to leave their charge—he said, "No, I have left all right"—I then went up to Brownson, who was about thirty paces shead; he had a big coat on, buttoned over his uniform—he said that he was a Custom-house officer—I asked him to unbutton his coat, and he unbuttoned it, and I saw that he was—I asked him if he was in charge of anything, he said, "No, I am on the sick list"—he seemed very bulky; I felt his pockets and found these two bladders containing rum—he took out a knife and attempted to cut them—he said that he had come to tell Wenman that his wife was sick—I called Ahern, and sent him after Wenman, who had walked on—the basin is parted off, and we had to let a man through a door into the main dock—Inspector Trickey and Swingland then came up and I gave the prisoners in charge—I saw Brownson searched and two other bladders and some spiles taken from him, which I gave to Swingland.
Cross-examined. Q. Was the Kennett close to the shore? A. No; the Royal Bride laid close to the shore, and alongside that lay the Heloise—I merely saw them come from the Royal Bride on to the shore.
JOHN AHERN . I am a watchman in the service of the London Dock Company—I was on duty at Shadwell basin on the night of 23d August—Cooper called to me and I saw Brownson standing by him—I went after Wenman, calling him, and finding I got no answer, I kept on till I overtook him, about 200 yards from where Brownson and Cooper were—I said, "It does not look well for an officer of Customs to run away, come back"—he said, "I do not think your comrade knew that the other man was an officer of Customs, or else he would not have stopped him"—I said, "Never mind, come back;" we both came back to where I first saw Cooper and Brownson standing—(I have said that I had seen Brownson)—I saw Cooper take from Brownson two bladders of spirits—I said, "What is the matter?"—Brownson said, "I have got a drop of rum, let me go"—he said that his wife would die if she came to hear it, and that he would cut his throat—I took a knife from him and gave it to Swingland, who came up and took from Brownson two more bladders and some spiles—Wenman seemed very quiet.
Cross-examined. Q. Did Wenman say, "I am quite innocent, I know nothing about it"? A. Yes; that was after the bladders had been taken from Brownson, after the charge was made, and I had told Wenman that he was implicated in it—the bladders contained rum.
JAMES SWINGLAND . I am a constable in the service of the London Dock Company—on the night of 23d August, I was on duty in the western part of the dock—I came through a door to the Shadwell basin with Inspector Trickey, and saw the two prisoners, the two watchmen, and Hall—Cooper informed me that he had stopped the prisoners, and had taken two bladders from one of them and placed them on the ground; these are the two bladders (produced)—I asked Brownson in Wenman's presence whether he had got any more about him—he made no answer—I searched him and found two bladders, one containing seven, and the other six pints of rum; also these spiles and a piece of wax taper—the other bladders contained, one three pints, and the other four—I asked Brownson where he got the rum from—he said "Do not ask me, I am in trouble enough"—I searched Wenman, but found nothing on him, but he had walked away—these two bladders were
afterwards brought to me by a labouring man—the prisoners were taken to the station with the bladders, which I measured and gave to Trickey—I compared the spiles with those in the hogsheads—they are not regularly made, they are not made by machinery.
Cross-examined. Q. Did Brownson say that he had come down to tell Wenman his wife was ill? A. Yes—the things were found on Brownson.
JAMES CHAPLIN . I am a vault-keeper in the London-Docks—on 23d August, about 10 o'clock in the morning, I examined some rum on the dock quay—they were not spiled then—but on the following morning I examined them and they had then been spiled, and about two gallons and a half had been taken from each cask.
Cross-examined. Q. How did you ascertain that, by assuming that they were full before? A. I had dipped them myself—they were not quite full—I measured the deficiency.
JOSEPH TRICKEY (Thames-police Inspector). On night of 23d August, I was at the Shadwell basin with the constable Swingland, and saw the two prisoners and Hall a few minutes before 11 o'clock in company of Cooper and Ahern—Cooper said to Swingland, "I have stopped this man," pointing to Brownson, "and taken these two bladders of rum from him;" pointing to two bladders on the ground opposite to where they were standing—Swingland asked him if he had taken them from him—he said, "Yes;" he searched him and took two other bladders from his pockets, and these spiles, and this wax taper—Brownson said, going to the station, "The lighterman Hall knows nothing about it, he is as innocent as you are"; before we started for the station I asked Hall what was in the barge; he said, "Rum, molasses, and Bugar;" he said, "Wenman was the officer, in charge, he told me he was going home for the night; I know nothing about it"—Wenman said, "That is the truth"—next morning, between 5 and 6 o'clock, I went on board the Kennett and found two hogsheads of rum—I found that one of them had been spiled; I went to the West India Docks and saw them landed and examined by the coopers, and found that both had been spiled—I succeeded in extracting this part of a spile (produced) out of the cask—it is a soft spile and quite different from those used in the docks—Phillips compared the rum in the bladders in my presence—I produce samples of rum from each of the casks.
WILLIAM PHILLIPS . I am a surveyor and inspector of Customs—on the morning of 24th August, I caused the ten puncheons of rum to be landed—I examined them in the presence of the inspector and compared the rum in them, with the rum in the bladders, which I found to correspond, within a very small degree—it is the same in flavour, colour, and strength, and I believe it to be the same rum—I know that Wenman was in charge of the rum on board the Kennett; it was his duty not to leave charge until he was relieved—from the size of the piece of spile which was taken out, I calculate that it would take at least half an hour for the quantity of spirit deficient to flow out—I do not know where Brownson was on duty that night, except from what I have heard—the officers have no business to carry wax tapers.
Brownson. The very party is in Court of whom I bought a box in which that taper was.
Cross-examined. Q. How many spiles did you find in each cask? A. Two; I said before the Magistrate that this quantity of rum could be run off in a few minutes; say 30 minutes—it would run off twice as fast from two
holes as from one—I am a superior officer of Customs—Wenman has been in their service thirteen or fourteen years.
The prisoners received good characters.
BROWNSON— GUILTY .— Confined Six Months.
WENMAN— NOT GUILTY .
800. FREDERICK GRIFFITHS (25) , Embezzling the sums of 2l. 6s., 2l., and 4l. 5s.; also the sums of 3l. 6s. 10d., 2l. 0s. 6d., and 3l. 7s.; also the sums of 1l. 18s., 18s. 11d., and 14l. 17s. 5d.; the moneys of Maria Isabella Flockton his mistress; to which he
PLEADED GUILTY .
Mr. Giffard, for the prisoner, stated that when in the service of a former employer, the prisoner had been charged with larceny, pleaded guilty, and received six months' imprisonment, after the expiration of which he entered into his present employment, but his former employer represented to the prosecutor that he had been guilty of dishonesty towards them, and he was discharged in consequence of which the Magistrate refused to commit him for trial, but the prosecutor had gone before the Grand Jury and preferred this indictment; he also stated that his master wan willing to take him back again.— Confined Six Days.
PLEADED GUILTY .— Confined Four Months.
MR. LLOYD conducted the Prosecution.
JOHN ADAMS . I am assistant to Thomas Roots, a draper of the Borough—I have known the prisoner as town traveller in two or three situations—I have never given him an order when he called, but he has solicited it two or three times—he came to me in July or August and solicited orders for shirts, but I gave him none—nothing was said about forty dozen.
HENRY HANKIN . I am in the service of Mr. Lawley, a pawnbroker of 78, Farringdon-street—I produce six shirts pledged for six shillings, in the name of John Williams—this is the duplicate—I took them in of a man but do not know whether it was the prisoner.
WILLIAM HALLPETT . The prisoner was engaged by me to sell goods on commission at 5 per cent.—a day or two previous to 28th July, he represented to me that he had sold a single shirt to Mr. Adams, who asked him to show him half a dozen from the bulk—I let him have them for that purpose and no other—two days afterwards he said, "I have shown those to Mr. Adams, he will take forty dozen of them"—after that he stopped away for eight or nine days, and, not seeing him, I went some days afterwards and saw Mr. Adams—about a week after that I went to the prisoner's house and saw him, I said, "How is it you have not been up to see us, you ought to have been up as you promised; have you seen Roots or Adams about those shirts?" he said, "I have been buying and have not had time"—I told him that if he did not produce all his samples we should have to see further into it—he said, "I will be up to-morrow or the day after"—I then went away—I saw a note from him next day, which I gave to the police to whom I mentioned this matter a few days afterwards—the prisoner had not been in the meanwhile—I am perfectly sure that the agreement was
that they were to be sold to Mr. Adams—the prisoner wai to have 5 per cent, commission on them when the goods Were sent in.
Cross-examined by MR. TINDAL ATKINSON. Q. I believe you engaged him to go round London for the purpose of selling your goods? A. Yes—I deal in clothing of all descriptions—the agreement was that he was to pay our firm lor the samples he took out and he did so for the first two samples—alter that he did not pay for them—we did not debit him with them in our books, but we had a memorandum of it—he has taken out what is called a debit of it, but not in our regular account—I know nothing about his finding a tag containing 50l. in gold and notes and taking it to Mr. Alderman Mechi, who was sitting at Guildhall, and receiving a public compliment for it—I recollect his getting an order for a Mr. Garden—I do not know that he went to considerable expense to endeavour to obtain the money for me—he gave that as a reason, but I was not bound to believe it—I made out a list against tin for 10l. 1s. for these samples; these six shirts were in it—he wrote me a note to meet him at the Cathedral Coffee-house—I had sent in no accouut to him—he had had a list of what samples he had had—It was understood that I claimed the samples—I saw him at the Cathedral Coffee-house—an officer was there, but did not go with me—I did not present an account to the prisoner and say, "If you do not pay this, I shall give you into custody for embezzlement" and nothing to that effect—I said, "I want those samples can you give them to me directly?" he said, "I can produce them at 5 o'clock"—I said nothing about the money; I said, "No; give them to me now, or I will give you in custody"—he said, "Come over to my place and I will settle it; I dare say I can find the money"—I said, "I want the camples; I have no objection to go over to your place to see what you can do "but I said nothing about the money—I snowed him a memorandum naming our prices for the goods—it was not an invoice—I went over to the Borough with him—I said, "Can you produce any of those goods?" I said nothing about the money—I had got orders from the firm to give Turn in custody, but as a member of the firm it would have satisfied me, perhaps, if he had given me the money—I never asked him for the money, I said, "I will see what you can do."
MR. LLOYD. Q. When he got the shirts, did you debit him with them? A. No; we put them to Messrs. Brooks and Co., but subsequently we transferred them to the prisoner, when we found that Messrs. Brooks nad not ordered them—my orders were to give him ill custody.
THOMAS SMART (City-policeman.) I took the prisoner on 5th September, and told him he was charged with fraudulently obtaining a quantity of shirts of Messrs. Hallett and Co. of Cneapside—he said ta Messrs. Haltett, "I hope you will not give me in custody—I told him that my object in searching him was to ascertain if he haa got sutf pawnbroker's duplicates—he said, "I have them all in my pocket, and produced twenty-one duplicates, among which was one for the six shirts, and'he afterwards handed me two others for property of Mr. Hallett's.
Cross-examined. Q. Do you know anything of his finding a bag of money and giving it to Alderman Mechi? A. I do not.
THE COURT considered that there was no case for the Jury, as the arrangement that the prisoner tods to buy the samples.
NOT GUILTY .
NEW COURT.—Saturday, September 22nd, 1860.
PRESENT—Mr. Ald. CONDER, and ROBERT MALCOLM KERR, ESQ.
Before Robert Malcolm Kerr, Esq.
MR. SLEIGH conducted the Prosecution.
JAMES JOHN JOHNSON . I am assistant to Mr. Charles Lloyd of 21, Coventry-street, tobacconist—this that I am looking at is in my own writing; made at the time—the prisoner Shine called at my shop, with another person who is not here, and asked to see some of the finest cigars that we had—I took them upstairs and showed them some—the other one said he hoped I would show him something very fine and very choice, for he would be a very large customer—I then showed him some cigars—Shine looked at them and selected three boxes—he gave me his card—it has been destroyed; I can't remember who destroyed it—it was lying about for some time in the shop—I have made search for it; I have not been able to find it—on the card was, "J. Stanley and Co., Commission Agents, 9, Duke-street, Westminster"—Shine told me that if I would send them about 6 o'clock he would be there to receive them and pay for them—I afterwards gave them to Pullen, who did not bring them back—next morning I went at 10 o'clock to 9, Duke-street, Westminster, to receive the money—I knocked at the door, tried the handle, and found it was locked—the place is let out in offices—I knew the place before—I have known the neighbourhood some time—I never was in that place before—I knocked at the door on this occasion—Keeling opened it; I had never seen him before—I presented the bill and asked him if Mr. Stanley was there—he told me that he had not arrived—I then told him that that was an untruth, because I had seen him pass from the front office into some room at the back—he said that it was a friend of Mr. Stanley's—I told him that unless he went into the room and fetched him out I should go in myself and see—Keeling then went to the door and Shine came out—it was Shine whom I had seen go into the other room—he gave the name of Stanley—when he came out he made no end of promises—there were so many that I can't remember the whole of them—Keeling and Shine and the person who was with Shine at the shop when they ordered the cigars, and who also came out, all three told me that if I would call in an hour and a half I should have the money—they did not all use exactly the same words—as near as I can remember, it was that if I would go away and call again in an hour's time I should have the money—they each came out, one at a time, and said, "If you call is an hour," and the others said very nearly the same, and afterwards Keeling said, "If you will go away and come in three minutes you shall be paid"—I asked them why they wished me to go away; Shine said because they expected some one to call there to pay some money, and they did not want them to see any one waiting in the passage—I was sitting on one of the chairs in the, passage—Keeling at first asked me to stop there—some one came into the front office, and he asked me to step into the passage—the front office was furnished with about a couple of chairs, a table, and one or two bottles; it did not appear to me to be at all a place of business—I said I could not go away without the goods or the money—Shine said if I would go with him to the City, he would call on his bankers and pay me—that was after they had asked me to go away for five minutes—I went with Shine to the City by the steamboat—none of the others accompanied me—he took me to Thames-street, St. Dunstan's-hill, he did not take me to any banker's—he went into this place in Thames-street, and said he should most likely get the money, and that if he got it he would pay me—I stopped in
the passages—the place was let out in offices—there was some name up—he was in there about ten or twelve minutes—when he came out he said he had not got the money, and then he told me that if I followed him any farther he would give me in custody—I told him that he could not possibly do that, as he had invited me to go with him—he told me that he had 3l., and if I would go with him to the Dublin Steam Wharf, Smithfield, I think it was, he had a consignment of goods there, that he would have to pay a small sum of money, and that he would give me the difference; if not he would give me the 3l. and call and see my employer, and try to make some arrangement with him—on our way to Tower Hill he showed me the 3l. they were sovereigns and some silver—he got into a Hansom cab—I told him I would take that if he would call and see Mr. Lloyd with me—I got into the cab with him—he told the cabman to drive as fast as he could to East Smithfield—we went there, to the Dublin Steam Wharf, and. made some inquiries about goods consigned to him, which they knew nothing at all about—I heard them say so in his presence—I applied for the 3l. immediately we came out, and he promised that he Would come with me to Mr. Lloyd and pay the 3l.—we got into a boat to come back—he promised to come out at one or two piers, and at last he said he could not come, and would not come—I asked him to get out at Blackfriara, and Waterloo, and also Hungerford, being the nearest piers—he said he should not do apy such thing; he should not go; he should go home—he and I got out at Westminster-bridge—he went home and I went with him, to Duke-street again—Keeling came out and told me that unless I went home he should go down to Mr. Lloyd and make some complaint; with that he went in again, came out again, and started off by himself—I stayed there a few minutes after he had left; I knocked at the door and found that it was not answered, and then I went home to Mr. Lloyd's—Keeling came there afterwards—he went into the counting-house; Mr. Lloyd was there—Keeling told him that he was a friend of Mr. Stanley's, and that the debt should be paid in the course of the day—Mr. Lloyd told him that unless it was, he should enter proceedings against him—those were the words as near as I can recollect—this was all on the morning of 26th May—on the night of 30th August I was sent for, and went to Mr. Bartram's, the pawnbroker's—I there saw the prisoners—I did not see the cigars.
Cross-examined by MR. GIFFARD. Q. Were you examined before the Magistrate? A. Yes—I remembered then the tale which I have repeated to day about the gentleman who was with Shine, saying he would be a very large customer—I can't say that what I said was taken down word for word in writing; it was as near as I remember—I believe I said about the gentleman being a large customer, but I do not take my oath that I said so—what I did say was taken down in writing, and I signed it as being correct—at first he offered me the three sovereigns in gold, and I would not take it until I had seen my employer—I did not lay hold of him and raise a crowd round him at St. Dunstan's-hill after I found that those goods were not consigned to him at the harf—there was not the slightest quarrel between us which raised a crowd on St. Dunstan's-hill—it was between ourselves; there was not more than one person passing, if there was that—I will take my oath that I did not touch his collar—it was all of a sudden that he said he would give me into custody if I persisted in following him—when Keeling was at Mr. Lloyd's Mr. Lloyd did not say that he would give them credit till Monday, unless they were paid for the same day—they did not say that Mr.
Stanley would pay on the Monday—I swear that nothing was said about the Monday—Mr. Lloyd is at home, or at his country house.
THOMAS PULEN . I am in the employ of Mr. Lloyd, tobacconist, of 2l., Coventry-street—on 25th May Mr. Johnson gave me a parcel of cigars to take to 9, Duke-street, Westminster—I took them there and asked for Mr. Stanley—I saw Keeling—I gave him the cigars with the bill, and he said Mr. Stanley had just gone away with his lady in the carriage into the country to a dinner, and that if I did not leave the cigars he would be very much offended, and very likely would not have them at all—I told him, when I gave them to him, that I could not leave them without the money—I was in the office—there was a rail between us, and he put the cigars over the rails to me into my hands at first—I put them under my arm then, and Shine came rushing out from a back room and told me that Mr. Stanley had told him that there were some cigars coming, that it was all right; that he had nothing to do with them; he was superintendent of the police, and that he was to forward them at once, and that if I did not leave them he would be very much offended—as I had them under my arm he took hold of them and gradually took them from me—he took me regularly off my guard; he said two or three other little things that I can't recollect exactly—he overcame my scruples, and I left them there—I was not in the shop when they were ordered.
Cross-examined. Q. Just tell me again what was said about the carriage and about going into the country with his lady.? A. Keeling first told me that Mr. Stanley had gone into the country to a dinner with his lady; that she had called in a carriage for him—I never said that he was driving about.
CHARLES JOHN CLIFT . I am assistant to Mr. Bartram, pawnbroker, at 51, Princes-street, Leicester-square—on the evening ef 25th May, 3lbs. of cigars were pledged there between 7 and 8 in the evening by Shine—they were in three boxes, tied up in three bundles—I advanced 3l. on them—the prisoner gave me the name of Lee—Keeling came in and recognised him as a friend—they spoke together—Keeling went out of the shop first; Shine went out after he was served—I had seen Shine before—I had never know him by the name of Stanley, I knew bin by the name of Shine.
Cross-examined. Q. You knew his name at the time be told you his name was Lee? A. He told me his name was Lee—I only knew him as having pledged things before in the name of Shine—it is very seldom that the real name is given when persons pledge—Keeling was in a different part of the shop—I should say he would be there on business or he would not be then at all—there are two others in the shop besides myself—those goods were redeemed the next day, by whom I can't say for certain, I waft not present.
BENJAMIN AMES (Polioemm A 343). I took Shine and Keeling into custody, both at the same time, on 13th August, about 8 o'clock in the evening, at Mr. Young's, pawnbroker, 51, Pinces-street—that is the establishment the last witness comes from; it is "late Young"—I told the prisoners they were given into my custody for obtaining goods by false pretences, and that they must come with me to the station—I did not tell them whose goods—Shine said, "I had the cigars, and I am willing to pay for them if I am given time"—the other prisoner made no remark—I had not known either of them before.
Cross-examined. Q. Were you at the investigation before the Magistrate? A. Yes—the landlady of the house in which the prisoners were found was summonsed—she was called as a witness and examined on the last examination—she is not here to-day.
COURT to JAMES JOHN JOHNSON. Q. Whom did you first consult when you did not get the money for the cigars, when Keeling had gone away and you did not get the money? A. I believe Mr. Lloyd went to a Trade Protection Society—I don't know what took place there—Mr. Lloyd is not here—the Trade Protection Society is in Argyle-Street or Plaoe, I think; I can't tell the number—it is a Trade Protection Society to which people Bubscribe—I have been there—Mr. Lloyd subscribes to it—I saw one of the prospectuses about a couple of months after this, with the prisoners' names; not as subscribers—if there had been an action in the County Court I should have heard of it.
COURT to BENJAMIN AMES. Q. Did you make any attempt to look after this third person? A. No.
NOT GUILTY .
PLEADED GUILTY .— Confined Eight Days.
Before Mr. Common Serjeant
805. JOHN DEVENISH (39), and ISAAC GUNN (80) , Stealing 3 bushels of a mixture consisting of chaff, beans, and clover, the property of Matthew Young, the master of Gunn. Second Count, charging DEVENISHwith receiving the same. MR. METCALFE conducted the prosecution.
HENRY CLOKE (Policeman 48 K). On 20th August I saw Gunn, about half-past 11 o'clock in the day, in the Ilford-road, with a waggon drawn by three horses, loaded with hops—I saw three nosebags full, and a sack full on the top of the waggon—I followed him till he came to the Rising Sun public-house—he drew up there, and when I got there I saw the sack on the shaft nearest to the public-house—the nosebags were put on the horses—while I was watching, another waggon came up and it was drawn between me and the prisoner's waggon, which prevented my seeing the sack—I waited till the prisoner started with his waggon, and then the sack was not there—the nosebags had been taken off the horses Just before the waggon started—I still followed him, and when I got to the police-station I stopped him and asked him what he had done with the sack of horse-feed—he said, "I had no sack of horse-feed"—he afterwards said, "I had a small quantity, which I put in the nosebags"—I took the nosebags off the. waggon—they were about half full when they were taken off the horses at the Rising Sub—they had not been replenished—they were In my sight all the time—I asked Mm where he baited—he said, "At a coffee-shop in Stratford"—he then afterwards said, "I did not stop to bait there, only to get a bit; 1 baited at the Rising Sun"—I went back to the Rising Sim—I found a sack in the stable, and I found a straw band—I had noticed that the sack which was on the waggon was tied with such a straw band—I also found some horse-feed, consisting of beans, chaff, and clover, in the stable—I had seen Devonian, who is ostler there; he was outside with Mr. Smith, the landlord—I said to Mr. Smith, "I want to look in your stable—I went in with him and Deveuish into the granary as they call it—when I found the horse feed, I said to Devenish, "Whose is this?"—he said", "That is mine, and everything here belongs to me"—I put the horse-feed in the sack and took it away—I afterwards showed it to Mr. Young—I saw Mr. Young find one piece of paper
in that feed taken from the bin at the granary, and two from a sack that I took off the waggon when I stopped it—the sack I found in the stable was not belonging to Mr. Young, but on the waggon I found an empty sack belonging to Mr. Young, and in that sack the two pieces of paper were found—I had not seen an empty sack before on the waggon, I had seen the fall one—when I saw Mr. Young pick out the pieces of paper I went back and took Devenish—I afterwards found other pieces of paper in the feed that was taken from the bin—I found twenty-six in all
Cross-examined by MR. TINDAL ATKINSON. Q. When you searched this food, was the prisoner present? A. No—I searched it at the station—it remained at the station during the whole time after it was taken from the stable—I did not see the waggon loaded—when I went in the stable I pointed to this bin; it was not very full.
Gunn. After I had been in the public-house half an hour I replenished the nosebags. A. No, you did not—I did not lose sight of the nosebags all the while.
MATHEW YOUNG . I am a cow-keeper in Mile-end-road—Gunn had been in my employ for four or five weeks—on 20th August he had a van with three horses—he had to take three nosebags full and a sack full of fodder for the horses to eat on their journey—the horses could not empty the nosebags in less than an hour—I had previously put pieces of paper in the food and I had written my name on the pieces of paper—I placed them among the fodder, and I found this fodder with the pieces of paper in it at the station—these are the papers (looking at them), here is my name in full on them—I never gave Gunn any authority to part with any of the food.
Cross-examined. Q. How many pieces of paper did you cut up? A. Nearly a hundred; and mixed them with the food—the food that he put in the sack he took out of my barn where I had it cut—it was on the floor—there was about a sack full and about 100 pieces of paper in it—it was worth about two shillings.
Gunn's Defence. I did not take the sack full; and it was not tied with a straw band. I never sold any to Devenish, I put it in the nose-bags.
DEVENISH.— GUILTY.—Recommended to mercy by the jury. Confined Six Months.
GUNN.— GUILTY .— Confined Nine Months.
MR. METCALFE conducted the Prosecution.
JOSEPH GOSLING . I am assistant to Mr. Carter, who keeps a general shop at Woodford in Essex—on Saturday, 4th August, between 9 and 10 o'clock in the evening, the prisoner came to our shop—I don't know whether she had been there before; she asked for a pair of boots—I took her into the boot-room and showed her a pair, she asked me for a common pair; I showed her a pair—she tried them with her hand and said they would suit her—when I pulled the pair of common ones from the cupboard some others fell on the floor—I did not try them on, she said she could tell the size by her hand—she said she would take them—I then went to put the other boots into the cupboard when I heard something drawn along the floor—it sounded like boots—there was nothing else in the department besides boots—she asked for a pair of children's boots, which I showed her; but as I could not find the pair she wanted, she said she would call on Monday for them—while she was lookiug at the children's boots I heard her rustling something in a basket which she had with her—I did not notice anything else, as
there was a girl standing between us—we had to go'through the carpet-room into the draper's shop on the way to the street—I took her into the draper's shop to take the money—I carried the boots which she had selected into the front shop and placed them on the counter—she put down a half-sovereign—I went to get the change, but did not give it her then—I called the shopwalker, Mr. Abernethy, and then I accused the prisoner of having a pair of boots that did not belong to her—she then went to run out of the shop—Mr. Abernethy stopped her and said, "What have you done?"—she said, "Oh, Mr. Carter, you must forgive me;" believing he was Mr. Carter—he then pulled up her shawl and found a pair of boots hanging upon her left arm; they were fastened together—we then took her in to Mr. Carter, and she said, "Oh, you must forgive me"—when we were passing through the back room she took a pair of children's boots out of her basket and threw them away from her—I distinctly saw that—they had our mark upon them, and so had the boots taken from her arm—they were my master's—neither pair had been sold by me—when she threw the boots away I picked them up—a constable was sent for and she was given into custody.
Cross-examined by MR. SLEIGH. Q. How long have you been at Mr. Carter's? A. About eleven months—I have been informed that the prisoner has been a constant customer; I had never served her before—I saw her there once before—she did not say anything about wanting a pair of boots for her daughter who was in a situation and had just come home—the price of the common boots that I showed her was 2s. ll 1/2 d.—she did not say they would not do, and that her daughter in her work would wear them out in a week, nothing of the sort—the price of the boots that she had upon her arm was 4s. 10 1/2 d.—that is one pair which we charged her with stealing—I do not attend to the boot and shoe department in particular—I attend to all—those boots which she bought at 2s. 10d. would fit herself—I should think the others would be too large for her—I have not seen those boots here—she gave me half a sovereign in payment—at the time she gave me that I believed she had been stealing—I did not speak to her then—I took the half-sovereign to get the change; we have no cashier, each assistant takes his own money—I got the change out of the till—I went to the till to get the change before I communicated to anybody—I afterwards made a communication with Mr. Abernethy—he pulled up her shawl and the boots were visible, hanging on her arm—Bhe did not pull up her shawl, Mr. Abernethy pulled it up—I never thought she did; I know she did not
COURT. Q. Did you say anything to her when you stopped her? A. I said, "What have you got?" and she said, "You must forgive me, Mr. Carter"—that was before the shawl was pulled up—I said, "You have a pair of boots in your possession that don't belong to you"—she went to run out of the door and Mr. Abernethy stopped her and asked her what he should do with her, she replied, "You must forgive me, being the first time"—he then pulled up her shawl and saw the pair of boots hanging upon her arm.
MR. SLEIGH. Q. Then it is not true that she pulled up her shawl? A. No; I have not said so that I am aware of—when she was being taken through the shop and threw the boots away I was behind her, Mr. Abernethy was in front leading her; the prisoner's little girl was with her, she was behind us—I don't think she could have seen it—it was rather dark—it was going through the passage, which is about three yards long—it is a narrow passage leading from one shop to another—there was no lamp or candle there—I stated at Stratford that I had seen her take a pair of boots out of
the basket and throw them away; I told Mr. Abernethy of it, and that is the statement I have always made.
WILLIAM ABERNETHY . I am foreman to the prosecutor—on 1st August, between 9 and 10 o'clock—in consequence of something Gosling said to me I went up to the prisoner—when I reached the front of the shop I went between her and the shop door—Gosling then said, "This woman has some boots about her"—she then made a movement to go out of the door and I stopped her—I said, "What have you got there?" lifting up her shawl, and I took a pair of boots from off her arm—I think lifting the shawl was partly the act of both—I made a movement to do so and she pulled it on one side—I then saw a pair of boots strung across her arm—I took them off her arm and said, "What must I do to you now? I must give you into custody"—she said, "You must forgive me this time, Mr. Carter" or words to that effect—I then took hold of her and led her through the passage way to Mr. Carter—in passing through the doorway that leads to Mr. Carter's department, she pulled on one side from me, and on turning round I saw Gosling pick up a pair of boots—Gosling said to her, "What, another pair?" they were children's boots—she said nothing—we went in to Mr. Carter—he sent for a constable and she was given into custody—the place where the boots were picked up was not the place where the boots were usually kept—they are kept in another room—boots were never scattered about there—it is some distance from the shoe room—I believe she had a basket with her.
Cross-examined. Q. How many examinations were there at the police-court? A. Only one—I believe I mentioned about Gosling picking up the other pair of boots before—I don't know about the words "What, another pair?"—I saw the pair she was said to have bought; she was not charged with stealing them—I think mine was the first movement towards pulling up the shawl, and she finding I was pulling it pulled it too—she did not say, pointing to the boots on her arm, "These are the boots I bought, and I put the money down to pay for them"—she said so before Mr. Carter, before she was taken by the constable she said, "Mr. Carter knows me well, I this is the pair I bought, and I put the money down to pay for them."
MR. METCALFE. Q. That was when you went in to Mr. Carter? A. Yes—she did not say anything of the kind when she was first charged; she did not say anything about the children's boots.
The prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury. — Confined Two Months.
PLEADED GUILTY .**— Confined Twelve Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Six Weeks.
PLEADED GUILTY .— Confined Twelve Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined One Year.
HARRIET TORTOISHELL . I am the wife of Isaac Tortoishell, a mechanic, of 19, Henrietta-street, High-street, Deptford—on Monday morning, 20th August, between 9 and 10 o'clock I sent my little boy to take my boots to be repaired—some time afterwards a communication was made to me, and I went out and found him under one of the railway arches without any boots on—he had new boots on when he left home—they were worth 4s. 6d.—I went in doors, put him on another pair of boots, went out, and found the prisoner at the door of Mr. Harris, a pawnbroker—I had not known her before—she saw me and the little boy coining up, threw the boots down, and ran away—I lost sight of her—I asked a little girl who she was, and picked up the boots—they were wrapped up in a piece of spotted print which she had torn from her under petticoat—I am sure she is the little girl—I was within two yards of her.
SUSAN JAMES . I am the wife of Edward James, a shoemaker, of 10, Mary Ann Villas—on Monday morning, 1Oth August, I was in the shop of Mr. Harris, a pawnbroker—the prisoner came in while I was there with these boots in a piece of spotted print, which she laid on the counter—she said, "My mother is ill and dying, will you ask Mr. Harris to take these in for me?" but I missed her all in a moment, parcel and all—I left the shop, and a few minutes afterwards Mrs. Tortoishell came in with the piece of rag and a pair of child's boots in her hand—I had never seen the prisoner before.
JOHN LOCKER (Policeman, R 295.) On 20th August, about ten in the morning, I went to the prisoner's mother's house—I told the prisoner that I was looking for her respecting a pair of boots, taken from a child—she said, "Another little girl told me to take them"—I took her to the station and she said, "Mary Ann Stoneham told me to take them"—she is a smaller and younger girl than the prisoner—a piece of print was torn from the prisoner's petticoat.
HARRIET TORTOISHELL (re-examined.) These boots are mine and are what my little boy had on on the morning of 20th August—I saw no other little girl—I do not know Mary Ann Stoneham—my little boy is between, five and six years old.
GUILTY.— Judgment Respited.
PLEADED GULITY .
HAYWARD— Confined Twelve Months.
MALONEY.— Confined Nine Months.
Before Mr. Common Serjeant.
MR. BEST conducted the Prosecution.
street ill-treating a young woman—I interfered, and said, "Let the young woman alone"—he then struck me and I struck him again; I only struck him once—he then struck me in the head, and I cried out, "I am stabbed"—I felt my head bleed, and I put up my hand and drew part of the blade of a knife out of my head—when I got to the station I found I had been stabbed in the stomach and the right thumb; they both bled—they have got well except my thumb—I did not strike him at all till he struck me.
THOMAS MURPHY . I am in the employ of the railway—on the morning of 4th September I was in Stanhope-street, Deptford—I saw Welsh there and the prisoner—there was a row between them, and the prisoner struck him on the head—there was a woman there—the prisoner went in-doors and shut the door—I saw Welsh pull part of a knife out of his head; it bled—I went with him till he met the constable.
Prisoner. Q. Did you see me strike him with a knife? A. No.
JOHN ALLEN (Policeman 140 R). I was on duty—Welsh came to me and complained—I examined his head and found it was all blood—he gave me this piece of the blade of a knife—I went and apprehended the prisoner and he was taken to the station and charged with stabbing the prosecutor—he said he did not doit—I saw the prosecutor's stomach; it was all blood—that was cut too—the prisoner was perfectly sober.
Prisoner. He came and struck me and I struck him again.
GUILTY .— Confined Four Months.
MR. LANGFORD conducted the Prosecution.
CHARLES HOBSON . I am servant to my mother, Sarah Hobsou, who lives at Woolwich—on 8th August the prisoner and another bombardier came to our shop about 2 o'clock—the prisoner brought an order; he said, "I want two fancy shirts," and he handed me this paper (Read: "Please let the bearer have two fancy shirts, James Scott")—I know James Scott, and I was in the habit of attending to his orders—I said to the prisoner "Did you get the order from Sergeant Scott; is this his writing?"—he said, "Yes"—he wanted two fancy flannel shirts—I had not got them, and I gave him two fancy cotton shirts—he said they would do—I put them up in paper and gave them to the prisoner, and he took them away—I believed the order was from Sergeant Scott.
Prisoner. Q. You asked me who gave the order, and I said the bombardier. A. No; I asked who gave it you, and you said Sergeant Scott—it was you who said that, the bombardier hardly spoke.
FREDERICK POULTER . I live at St. James's-place, Plumstead—on 8th August I was in the shop of the last witness—the prisoner came in and said "I want two fancy woollen shirts"—the witness said he had not them, and he took two cotton ones—the witness said, "Who did you bring the order from"—he said, "Sergeant Scott?"—he said, "Who are the shirts for?"—the prisoner said, "For me."
JAMES SCOTT I am a sergeant in the first brigade of the Royal Artillery—I was in the habit of giving these orders to the men in our corps—the prisoner was in my corps—I did not give him this order on 8th August to get two fancy woollen shirts—I am sure of that.
Prisoner. I met the bombardier in Artillery-place—he asked me to go with him—he gave me the order—the man said, "Who gave it you?" and he Raid "Sergeant Scott."
JURY to JAMES SCOTT. Q. Can the prisoner write? A. I think not
GUILTY of Uttering. — Confined Four Month.
815. JEREMIAH CRONIN (23) , Burglary in the dwelling-house of Michael Long, and stealing 3 shirts, 3 bed-gowns, and 2 gowns, the property of Thomas Cullen Rutter; and 6 towels, 1 bag, and 1 knife, the property of Michael Long. Second Count, receiving the same.
MR. LANGFORD conducted the Prosecution.
ELIZA RUTTER . I am the wife of Thomas Cullen Rutter—Mr. Long is the landlord of the Golden Fleece—I lived in one of the rooms upstairs—I washed on Wednesday, 15th August—on that night I saw all my clothes right; I shut the door but did not lock it—the door leads to a passage leading to a yard—I left all safe about one o'clock in the morning—about 8 o'clock in the morning I came and missed three shirts, three bed-gowns, I and other articles, and the black bag, and towels, and knife, which were the property of Mr. Long—these articles (looking at them) were brought to the Golden Fleece by the policeman on the 16th—this knife was safe in the wash-house about 5 o'clock, and I saw the black bag—I used the knife about 5 o'clock—I did not see it afterwards.
Prisoner. Q. Was there any breaking? A. No; I did not see the appearance of any—the top sash of the window was down level with the bottom one—I can't say whether it had been up the night before—I saw footmarks in the room at 8 o'clock on the bagatelle board leading from the window.
MICHAEL LONG . I am landlord of the Golden Fleece—on the morning of 16th August my potman came to me—I went down to the wash-house between 8 and 9 o'clock—I went in the bagatelle-room; I found the window open, the top sash was pulled down level with the bottom one—I saw marks of a naked foot on the piano which stood under'the window—I had seen that room safe and the shutters closed about 9 o'clock—I don't know that the shutters were fastened—that was the last time I saw them closed—I went to bed between 12 and 1 o'clock.
Prisoner. Q. Did you find any mark of any breaking instrument? A. No. JOHN LANE. I am waiter at the Plough coffee-house in Mill-lane—on 16th August, I was standing at the door at half-past 3 o'clock in the morning—the prisoner came up to me and asked if I would buy a shirt—I said no, I had no money—he did not show me the shirt—in about five minutes I saw a knife, and he asked me where there was a grating leading to a sewer—I took him two houses from the coffee shop and showed him where there was a grating—he had nothing on but his shirt and drawers, and he pulled this knife (looking at it) from his shirt sleeve—I said, "What are you going to do?"—he said, "It is only an old knife—and he threw it down the sewer—I communicated with the policeman—he got an iron bar and lifted the grating; I got the knife up myself—I had been up all night; I was just going to bed.
Prisoner. Q. Did you see what I threw down? A. Yes; but I asked you, to see if you would tell the truth.
JOHANNA BROWN . I am the wife of Patrick Brown—on the morning of 16th August, I was going out to wash at a quarter before 5 o'clock—I saw the prisoner opposite my door and I saw a bundle lying at the door, and the prisoner came towards it—I picked it up and I said to him, "Does this belong to you?"—he said,"Yes, and if it was not for running, I should lose it"—it was a wet bundle wrapped in a sheet—I am sure it was the prisoner—he had a large beard; he has changed that, but he is the man—he took
the bundle away; I did not see what was in it—I came back at 8 o'clock and I was told something; I went in the yard and saw the bundle, and I went and fetched the policeman—I saw a black bag; I don't know whether it was this that is produced—it was a shiny black bag like this—the was not in the bundle when I gave it to the policeman.
Prisoner. Q. When you opened the door which did you see first, the I bundle or me? A. I saw you both together—I saw you running up to wards it.
MR. LANGFORD. Q. Did you notice the man's legs? A. Yes, he had no shoes nor stockings on.
Prisoner's Defence. Mr. Long says his house was entered by some one but he don't know me; Lane is not a fit witness to come here, his house is open all night for common prostitutes; it is open from morning till night and from night till morning.
Prisoner. Q. Did you see the knife there? A. Yes—I asked Lane whit sort of a knife it was and he said a large rusty knife with the point broken—I lifted the grating and Lane reached down, got the knife and gave it to me.
Prisoner. A woman was taken up with this property in her possession and she said two men gave it her. I was at Deptford at the time; I went, to the workhouse on the 15th, and stopped till the Saturday; I am innocent of the charge brought against me; that Mill-lane is the worst part of Dept-ford.
GUILTY .— Confined Twelve Months.
MR. BRIERLY conducted the Prosecution.
WALTER BIDGOOD I live at Woolwich and am a gunner in the Royal Artillery—On Saturday, 21st July, about 6 o'clock in the evening, I cause home from my work—I called my little daughter Susannah, and put a two-shilling piece in a leather purse and gave it to her to go and get some butter—I did not get the butter; she went away with the two-shilling piece and came back with the purse and a penny-piece in it—I should say she was quarter of an hour gone—some little girl came back and told me something—I saw no more of the two-shilling piece—my daughter is six years six months old.
PHOEBE PTTER . I am twelve years old, and live in Artillery-place, Woolwich—I recollect seeing the prisoner at the bar and the other little gid opposite Artillery-place—I saw the prisoner take the purse away frour the
little girl, take the two-shilling piece out and put a penny-piece in—she then gave her the purse back again and ran away—she was sitting down counting cherries when I saw her—she put the cherries down and took the two-shilling piece out and put in a new penny-piece—I went to the little girl's father and told him—I saw the prisoner with a policeman about a fortnight after—that is the little girl(pointing to Susannah Bidgood).
EDWARD FEATHERSTONE (Policeman, 48 R.) I had the prisoner in custody between half-past 7 and 8 on 17th August—when she was in custody I met I Mr. Bidgood and he said, "I believe, from the description, this is the little girl who robbed mine"—I saw Susannah Bidgood pick the prisoner out at the station amongst four or five others—and she said, "That is the little girl who took my money from me."
GUILTY.— Recommended to mercy by the Jury on account of her youth.—Judgment Respited.
Before Mr. Justice Byles.
MR. BEST conducted the Prosecution,
WILLIAM JAMES YOUNG . I am a waterman, and live at 18, Parson's-hill, Woolwich—I went to bed at 11 o'clock on the night of 24th August last—I sleep in the front parlour—the house stands back some twenty yards from the street, and there is no thoroughfare past that way at all—there are only four houses stand there, and there is a pathway up to those four houses—a person coming up the pathway can touch the window outside—I can't say that that window was fastened when I went to bed that night; it was shut—I took my trousers off, and put them on the sofa by the side of the window—I had in my pocket three sovereigns and a half, and five shillings, or fifteen shillings, I can't say positively which, in a brown leather bag, and two or three halfpence in another pocket—I got up about half-past 6 o'clock next morning—my trousers were in much about the same place as where I had left them—the first thing that attracted my attention, was, I could not find one of my stockings—it was iu the window, with a small portion of it jammed under the sash—I had left it on the bed—the window must have been moved during the night, or else the stocking could not have got there—a person could get into the room by opening the window—I examined the pockets of my trousers—I found nothing there; the bag and money were all gone—I was not disturbed at all in the night.
Prisoner. At the first examination, you said you had only lost 3l.
Witness. I said I would not be positive whether it was 3l. 15s., or 4l. 5s.
COURT. Q. Had you a candle when you went to bed? A. Yes; the blind was down before I went into the room—the candle was on the table, in the centre of the room—I undressed between the table and the window, exactly opposite the window—I dare say the candle would throw my shadow on the blind—there are shutters to the window, but they were not up—we do not put them up, because there are no holes in them to let the light in.
CHARLOTTE ELLEN HOLMES . I knew the prisoner when he was at Aldershot a few days before 24th August—I accompanied him from there, and he and I came together to Woolwich—I do not remember when we got to Woolwich—I remember the evening of 24th August; I think we arrived a day or two before that—wo were in Woolwich a week—we lived together during
that week—we were living together on the night of 24th August—he had not any money before that night—he had a shilling or a sixpence in the daytime; he had none in the evening—I remember going on that evening down one of the streets, down a footpath that leads to four houses—I saw the prisoner at a window of one of those houses—when the prisoner left me he told me he was going on business, and I walked up and down the road; and he came back with half a bag of money, and he said, "Come, Ellen, we will go down to the coffee-shop," and we did so, and'there he spent 12s. 6d.—I do not know the name of the coffee-shop, or the name of the people there; I had never been there before—it was very nigh 4 o'clock in the morning when we got there—he did not show me any of the money he had with him—he had it in a leather bag—when he came from the house, he took the money out of the bag, and threw the bag away—he changed two sovereigns at the coffee-house, I believe—I did not have a farthing of the money.
COURT. Q. Do you know how much money he had? A. No—he also paid 2s. in the morning for a bed—I afterwards saw police-constable Thomas Scriven—I showed him the window that I saw the prisoner at.
Prisoner. Q. Did I take you to the coffee-shop? A. Yes, and treated me with some coffee and gin—I lived at a lodging-house in Woolwich for a week—you left me there, and you went away without paying the rent—I saw you come from the house with the money—I left my place a day or two before' I came away with you—I told the policeman that you had bought some clothes with the money you had.
MR. BEST. Q. Was that at Mr. Joseph Mercy's? A. Yes; and I took the policeman to that shop—the prisoner changed the clothes that he had on that evening for those that he bought at Mr. Joseph Mercy's.
COURT. Q. Where were you when you first knew him? A. I was in Aldershot; he came there to see a friend of his.
THOMAS SCRIVEN (Policeman, R 380). I met the last witness in the street at Woolwich, on 26th August, about half-past 2 in the afternoon—she took me to the prosecutor's house; also to Mr. Mercy's shop—I apprehended the prisoner in Hill-street, Woolwich, at half-past 6 on Saturday, 26th August—he was in the act of striking the girl Holmes—I said, "Don't you strike her"—she said, "Take him into custody, he has been robbing a house"—that was in the prisoner's presence—I took him into custody—I found on him 15s. 4d. in silver, 6 1/2 d. in copper; a tobacco-pipe, two lucifer-matches, and a knife—there were no sovereigns—I also found a written character.
Prisoner. Q. Did I want to strike the female when you came up? A. You were in the act of striking her—I saw you and her in company previously to that day.
JOSEPH MERCY . I assist my father David Mercy, who keeps a clothes-shop, at Woolwich—the prisoner came on Saturday morning, 25th August, and bought a shirt for 2s., a scarf, 1s., a waistcoat, 3s. 6d., and a pair of trousers, 8s.; and he changed a sovereign.
Prisoner. Q. Have not you or your father received the money for the clothes? A. Yes.
GUILTY .— Confined Twelve Months.
MR. BEST conducted the Prosecution.
12 o'clock—I pulled off my coat, waistcoat, and shoes, and pulled the covering of the sofa over me, because I had to get up very early in the morning—the house was all safe when I went to bed—the windows and everything was fastened—I was awoke by feeling a certain seusation as of somebody scrambling over my face—I thought it was my wife, and I said, "Emma, you are hurting me," and then I felt a cold hand come over my face, and then a pressure on my chest—I put up my hands, and found it was a man—I rolled off directly and we had a desperate struggle—I got hold of the prisoner and held him down—it was all in the dark—we had no light—my wife came down and brought a light—we were scuffling together, she went and called my lodgers, a man and his wife, who came down and assisted in taking him—I then went outside the door, called "Police!" and fell in with the policeman on duty—this was about a quarter after 1 in the morning—I gave the prisoner in custody—on the road to the station, I heard him say to the constable that if he had been aware that I was lying there, he would have cut my b—throat—there is no shutter to our window, he had got up on our area rails; there is a space of about three feet between them and the window, it is in the main street—he must have stood on the top, got on the window-sill, and got something to open the latch; then pulled the upper window down and clambered over the two sashes—I did not see him do that, but there was no other way for him to have got in—on the upper part of the window there is a spring latch, but you can shove anything up between the window and open it.
COURT. Q. Who fastened the windows and doors that night? A. The windows had not been opened for some time—I shut the door when I went in, locked it, and put the key in my pocket—I always do that—there was only one door to the room and that was locked—he could not have got in at the door—he was not in the room anywhere when I went in—the window was open at the top next morning—a person could have got from the area raila to the bottom of the window—there was a spring that goes backwards and forwards, that fastens the window—there is a vase of flowers on the table underneath the window; that was knocked down, and the vase broken and the books in the centre of the room were all raked up together.
ROBERT MABTTN (Policeman, 321 R.) I have been a policeman at Woolwich eight years—I have not known the prisoner before—he has never got into any trouble before that I am aware of—I found him that evening at the prosecutor's house—he was a very little the worse for liquor.
JURY. Q. Was the prosecutor sober? A. Yes; quite sober—his window was not easy to get in at.
Prisoner's Defence. I was drunk and never recollect anything about it. The prisoner received a good character from a Sergeant in the Artillery.
GUILTY .— Three Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. LAWRENCE conducted the Prosecution.
JOSHUA JAMES REEVES . I am a chemist, and live in Church-street, Greenwich—the prisoner has been servant to Mr. Williams, a neighbour of mine—she was in the habit of coming to my shop two or three times a-week for articles in my business—on Sunday, 19th August, she was in my shop twice for a bottle of mixture for her master—on the following morning,
about 8 o'clock, I missed a bottle of tolu lozenges, a box of lemonade powders, and other articles, worth about 5s. 6d.—on 27th August, I went with a constable to the prisoner's master's—I saw her, and told her from information I had received, I desired to look in her box—we went up to her room with her mistress and another lady and her master—the prisoner said, "If you think I have taken anything you can have my box broken open"—it was broken open, and the constable searched it—I found in it this box of lemonade powders, two bottles of scents, and other things—I should say this box of lemonade powders was mine—there is no private mark on it—it is similar to what I had in stock—I believe all these to be mine—I did not sell any of them to the prisoner—she first denied the charge, and afterwards acknowledged it—I said, "That is mine, and that is mine"—she said, "No, they are not"—she afterwards said, "That is yours, and that is yours"—she said she had taken them from the glass-case in my shop.
ADAM SLES BARR (Policeman, R 421.) I went with Mr. Reeves to Mr. Williams on 27th August—I saw the prisoner—Mr. Reeves told her what he had heard, and asked to look in her box—she said he was welcome to go and look, she had nothing there belonging to him—we went to the back-room at the top of the house—I asked her for the key of her box—she went to look, and said she could not find the keys anywhere, she must have mislaid them—we went back, and she told Mr. Reeves to break it open; she had nothing there belonging to him—it was broken open, and the first thing I found was this box of lemonade powders—Mr. Reeves said they were his—she denied that the boxes and these others belonged to him—Mr. Reeves told her she had better acknowledge it, and she did—she said she took the lavender water and the others from his shop.
The prisoner's statement before the Magistrate was here read as follows:
"I don't know what to say; the lemonade powder, and one of the boxes of pastiles, are not his."
NOT GUILTY .
MR. DICKIE conducted the Prosecution.
JOHN NEWELL (Policeman, R 59.) I received charge of the prisoner at the Marine Barracks at Woolwich, for stealing a puree from John Abbey—the prisoner said a female gave it him—I produce the purse; it has 3s. 10d. in silver in it, 3 farthings, and a duplicate.
JOHN ABBEY . I am a private in the Royal Marines at Woolwich—the prisoner is a private in the same corps, and slept in the same room with me at the Marine Barracks on the sixth parade, between Saturday night the 25th and Sunday morning 26th August, to the best of my knowledge—I put my purse, containing a two-shilling piece and one farthing, and a duplicate of a coat pawned for two shillings, in my trousers pocket, and placed them under my head—when I awoke in the morning, my trousers had been removed to the top of my comrade's bed, and I missed my purse—I looked round a minute and reported it to the sergeant of my company—this is my purse and this is the duplicate—I never saw the duplicate till I saw it now—I saw the purse at the police-office—I had been in a public-house with the prisoner the evening before—I might have been in another public-house with him, but I was not drinking with him—I was sober, but he was not—I took my purse out to pay for the liquor—I was sitting by the prisoner—there were several soldiers—they were not all sober—I dare say there might be forty
persons in all—there was no female in our company; there were some in the room—I don't know how many—I went out of barracks about 3 o'olock in the afternoon to the best of my knowledge—I did not go with the prisoner—I don't know where I went to first—I have not been in the corps long; I was a recruit—we went into two or three public-houses, two to the best of my knowledge—I did not get to bed till 12 o'clock—that was nine hours after I left the barracks, but I went for a walk with a comrade up the common in the afternoon, and I went in the dock-yard with Allen—I met persons in walking—I met women, but I had no conversation with them—when I went out I had a sovereign, a florin, and some other money; I believe a four-penny piece and a farthing—I had not more than four or five shillings left in the purse—I had spent all the rest in the public-houses—in the public-house I was last in there were seven or eight altogether, and I stood treat—there were ho women, not a single female—I was quite sober—we went into the barracks together—I had my purse in my hand before I put my trousers under my pillow.
NOT GUILTY .
PLEADED GUILTY .— Confined Twelve Months.
JANE ANN LOW . I am single; the prisoner is my sister—on Sunday, 26th August, I missed from a chest of my mother's a skirt of a gown and a bonnet—I went home on the Sunday evening about 10 o'clock—I had prohibited my sister from taking them—my mother did not know that she had taken them—on missing the things I went in search of my sister—I walked about till I found her half tipsy in Woolwich, entering a house—I asked her to come home; she said sne was not coming home any more—she said, "It is not me you want, you want your things"—I said, "I want you, and the things too"—she threw the bonnet at me—I got her to come home, and she was given in charge—she had left home before; she had asked me to lend her a dress, and I have lent her one.
NOT GUILTY .
Before Mr. Common Serjeant.
SARAH TURNER . I live with my mother at Wood Cottage, Lewisham—the prisoner used to come there, as Mr. Gattey's servant, to deliver meat—on 21st August I paid him 4s. 2 1/2 d., and on 5th September 13s. 1d. for meat received from Mr. Gattey, and he marked these bills (produced) "Paid" in my presence.
WILLIAM THOMAS WOODHOUSE . I am a customer of Mr. Gattey—the prisoner came with meat, and I paid him these bills—I paid him 8s. 7 1/2 d. early in August—this (produced) the bill, it was marked "Paid" by the prisoner in my hal.
WILLIAM ROBERT GATTEY . The prisoner was in my employment to take out meat to my customers—he was authorized to receive money, and he ought to pay it to me or my wife the same day—I sent the meat mentioned in these bills to my customers, but have never received these three sums—I always asked him whether he had got any money to pay in—I asked him that day whether he had received any money—I am sure of that—I cannot say whether he paid ine any money that day—sometimes two or three customers
would pay him 8s. or 10s. in a day—some days he had 50s. or 60s. to receive, and some days nothing—he has made false entries in order that he should not be detected—I put, "Bill delivered, 4s. 2 1/2d." and he would make out another bill, leaving out bill delivered—I have not received 8s. 7d. from Mr. Woodhouse; there was also another bill of Mr. Woodhouse afterwards of 8s. 10d., which Mr. Woodhouse has mislaid—the prisoner received 16s. 10d. altogether—the drawer was not locked, and he must have gone to it to get the papers.
JAMES MARGETSON (Policeman). I took the prisoner at Mr. Gattey's, and told him the charge—after he got outside the house he said, "I think this can be settled without my going to the police-station, if I see master"—I said, "You are given into custody, and you must go with me"—I searched him, and found 1l. 2s., 7 farthings, and three of his master's billheads.
Prisoner's Defence. I received the money, and lost it. I should have paid it on Tuesday, when I received my wages, but Mr. Gattey found it out on Monday night.
W.R. GATTEY (re-examined.) He had no money to receive on Tuesday; what he did receive that day would be my money.
GUILTY .— Confined Three Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Eighteen Months.
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
MARY SIMMONDS . I am the wife of Stephen Simmonds—I keep a shop in Weston-street, Bermondsey—on 1st September the prisoner came to my shop and asked for a pennyworth of bread—I served him; he gave me a shilling—I looked at it—my husband stood by—I did not like the look of it, and I said to my husband, "Is this a good shilling?"—he said, "I think so"—I gave the prisoner change, and he left the shop—I bit the shilling, and previous to putting it in the till I found it was bad—I told my husband, and he went aud brought the prisoner back—I said, "This is a bad shilling"—he said, "Is it?"—I said, "You are the man who changed a bad shilling here a short time ago"—he denied being in the shop, and said I was mistaken—I said, "You was, and had a quarter of a pound of bacon, and I will show you the piece I cut off, and I gave you change for a shilling"—I am certain he is the man—there was no other shilling in the till besides those two, and they were both bad—when I received the shilling for the bacon there was no other shilling in the till—about ten minutes after the prisoner had left a boy came in for a pennyworth of cheese, and gave me a bad shilling—these were the only shillings that were in the shop—no one was in the shop all the afternoon—I sent for a constable, and gave the prisoner in charge.
Prisoner. I was twenty or thirty yards from your shop when your husband took me; I could have got away.
NOT GUILTY .
Before Mr. Justice Blackburn.
NOT GUILTY .
Before Mr. Justice Byles.
MR. BEST conducted the Prosecution.
FRANCIS HARDING LLOYD . I am a silversmith, and live at 240, Blackfriars-road, in the parish of Christ Church. On Thursday night, 19th August, after going to bed, I was awoke by my shop lad just before 2 o'clock—in consequence of what he told me I went to the place where he and two other boys slept—the house faces the Blackfriars-road—it is on the left hand side going from the bridge, nearly opposite Stamford-street—a stable-yard runs at the back leading to the place where the boys sleep—there are some leads, by jumping upon which you can get into the stable-yard—I went and stood at the corner of the yard until one of the inspectors arrived—it is no thoroughfare—I then went to the gate at the corner of Alfred-place, and there saw the prisoner and another running up Alfred-place towards the Blackfriars-road—they were from five to seven yards from me—I saw the prisoner, and am sure he is the man—when they saw me they ran back again—thinking they could not escape that way I remained where I was till a constable came—we then went and searched and found a ladder, or pair of steps, placed against the wall of the stable, over which they must have got away—we then examined the back premises, and found that a window-frame had been taken out, and a pans of glass was taken out of the frame—a person by getting in at that window could get into the house—I saw the policeman find a jemmy, an auger, and a piece of wood, near the fanlight of the back shop.
Cross-examined by MR. RIBTON. Q. Is the building that was broken into connected with the dwelling-house? A. Yes; by a covered passage—there are eight or nine private houses in Alfred-place, it opens from the Blackfriars-road by an iron gate, and you go down a passage of twenty or thirty yards to the houses—a passage leads from there to the stable that was broken—there is no way of getting to it from Holland-street except by getting over some roofs—I had never seen the prisoner before—it was dark—he was taken the same morning.
MR. BEST. Q. Had you seen the window the night before? A. Yes; at 10 o'clock, it was then closed and unbroken.
NOT GUILTY .
MR. BEST conducted the Prosecution.
THOMAS WILLIAM MONKS . I am a jeweller, residing at Camberwell—I have also a shop ou Brixton hill—I was sleeping at that shop on the night of 20th August last—I went to bed about 11 o'clock—before doing so I secured the shop myself—the shutters were all right, and the jewellery in the window all correct—in the course of the night I was awoke by a sudden crash and noise in the shop—it was between ten minutes and a quarter past 1 o'clock—I observed the time by my clock—I got up instantly and went into the shop—I found the crashing was at the window—I could not see anything outside—from the noise and confusion I hardly knew what to do, but I went to the front door, and before I could open it the parties were gone—they had left this small jemmy behind, stuck in between the bar and the shutters—I found a number of my watches, I think eleven, lying on the pavement, and this brick, or piece of stone, lying in front of the shop—there were no such stones lying about there, it must have been brought for the purpose—the shutter had marks of the crowbar on it—it was not broken, but driven on one side—half the window was broken in, more than sufficient to enable a person's hand to take the watches—it is a plate-glass window—I shouted out "Police!" as loud as I could—in consequence of something I heard an hour or two afterwards I went to a place opposite to the Somers-road; to a place shown me by the witness, Brazier—Halsey, the policeman, was with me—I there found these two gold watches, a silver watch, and a variety of gold chains—they were just within a fencing close by the footpath—Halsey was with me when I found them—these other things (produced) were found by the policeman—they are my property, and formed part of the stock that was in my window on the night in question—these tickets were shown to me by Brazier—I can swear to them, they came off the watches.
Cross-examined by MR. LILLEY. Q. Where is your shop situated? A. Next door to the Telegraph, on Brixton-hill, opposite Roupell-park—there is a turning leading across to Tulse-hill.
JOHN BRAZIER . I am watchman at some water-works on the Brixton-road—I was on duty, on the morning of 21st August, leading up the rise of Brixton-hill, close to the Somers-road—about a quarter to 1 o'clock I heard a rattle spring—I went to see what it was—when I got to the top of the hill I saw Mr. Monks standing outside his door, with his shop window broken, and part of his property lying on the steps; he was picking it up—it was Mr. Monks' rattle that I had heard spring—I went back again to my watch box, and stopped about a quarter of an hour—I then heard footsteps coming down Somers-road, and presently saw two men come down—they were peeping round the corner of the pier, as if looking to see whether anybody was coming—they directly took arm-in-arm and away they shot—I went after them directly—when I had followed them about twenty yards, I saw somebody coming up the road, who I thought was a policeman, and I stepped out into the road and collared one of the prisoners, and said, "I shall have you two locked up on suspicion of the robbery"—the policeman came up, and I said to him, "Take these two men in charge on suspicion of the robbery"—Felton said, "You are drunk"—I said, "If I am drunk, I shall not lose you," and we took them to the station—I afterwards showed Mr. Monks the place where I first detained them, and then some property was found—nothing had passed along from the time the rattle sprang until I apprehended the prisoners—I found some property myself, and was with Halsey when he found some—it was found at the spot where I first detained the prisoners, on the rise of Brixton-hill, opposite No. 5—I found these
tickets in the Tulse-hill road, and I was with Mr. Monks when he found these chains and watches—I had not seen the prisoners in the Tulse-hill road, but you can come from the Tulse-hill road down Somers-road into the Brixton-road—you might go from Mr. Monks' house to the place where I saw the prisoners in about three or four minutes, and in four or five minutes-to the place where I apprehended them.
Cross-examined. Q. How far is your box from the place where you first saw the prisoners? A. Four yards—I might have been ten minutes or a quarter of an hour at Mr. Monks' premises, or I might have been twenty miuutes—I stopped and saw him pick up his property, and then returned to my box—I had no watch—I first saw the prisoners about ten minutes after I returned to my box—the Somers-road is a sort of semi-circular road, that starts out of the Brixton-road at one part and comes into it again at another—when I stopped the prisoners one of them said they had been mis-directed in their way—we took them to the station, that is nearly three-quarters of a mile from my box—the policeman and I then came back and looked about, and just where I had stopped the prisoners these watches and guards were found tied up in a handkerchief—we were in the Brixton-road, but the property was inside a garden, and part of the handkerchief was hanging through the fence, on the opposite side of the Brixton-road to my box—my box is on the same side as the Somers-road—I found the tickets from eighty to a hundred yards from the Somers-road.
ALFRED GOULDING (Policeman, P 287). I was on duty on Brixton-hill on the morning of 21st August, and just before 2 o'clock I saw the prisoners-standing by the fence of No. 5, Brixton-rise, near the Somers-road—they were standing together with their backs against the fence—Brazier came down the road and said something to me, in consequence of which I immediately crossed the road—the prisoners directly walked away down the road—I ran with Brazier and stopped them—I asked where they were going to—Felton said they were going home to Bermondsey—I asked where they had been to—they said to Creydon, to see a brother of Felton's—I asked what they did in the Somers-road, which was a bye-road—they said they had been wrongly directed to London—I said their answers did not satisfy me, that there had been a robbery up the hill and I should detain them on suspicion—they said they knew nothiug of it—I detained them for a minute and another constable came up, and we took them to the station, and I charged them on suspicion of the robbery—they said nothing there—a place has been shown to me where Halsey found something—that was the very spot where I saw the prisoners standing—Felton gave hia address, 10, Wildes-rents, Long Acre, Bermondsey—I have been there but could hear nothing of him, he was not known there—Stokes gave his address, 90, Mill-street, Dockhead, Bermondsey—I went there and there was no such number in the street—I searched Felton, but found nothing but 5s. 4d., in money—I found this door-key on Stokes, the upper ward appears to have been broken and afterwards filed—I should say it had been an ordinary key.
Cross-examined. Q. Was Brazier on the same side of the way as the-prisoners? A. He came across from that side when I came up—he had not got them in custody—he and I together stopped them—he had not detained them when I came up, to my knowledge—I know it was No. 5 they were standing against, because the number is on the pier-gate—there are gardens in front of the houses.
towards it, and found the prisoners in the custody of Goulding—I heard them state that they had been to Croydon, and were on their return home—I said they were telling a falsehood, for I had seen them going up towards Brixton-hill, in the direction of Mr. Monks' shop about 1 o'clock—they said that I was mistaken, and that I was telling a falsehood—I had seen them about 1 o'clock going up the hill—I am sure they are the same men, they passed by me on the same side of the way as I was, close under a lamp-post—Stokes was walking about a yard behind Felton—I had a good opportunity of seeing them—after taking them to the station I returned to the spot where I had found them in the custody of Goulding, and about six yards from where they were standing I picked up this life-preserver—it was higher up the hill, before you get to the spot—it was on the footpath—I went further up the hill, and about thirty yards from where they were taken, inside the front garden of No. 5, Brixton-rise, I found one gold watch, one gold guard, and four silver watches tied up in this handkerchief—I pointed out the place to Goulding—I took the watches to Mr. Monks', returned with him to the spot, and about ten yards from it we picked up this silver watch, two gold watches, four guards, one gold Albert and four long chains, one-silver guard, one hair necklace and another small one—they were found about ten yards from where the prisoners were taken, just inside a gateway leading to a riding establishment, and about four yards from where I found the life-preserver—the two tickets were given to me by the watchman.
Cross-examined. Q. What time did you go on duty that night? A. At 10 o'clock—my beat is from Brixton Church to the top of the hill, on the right hand side—it was as near 1 o'clock as possible that I saw the prisoners—I never said it was about 2 o'clock—they were taken in custody about 2 o'clock, and I said I had seen them a little more than half an hour ago—it was on the rise that I saw them, that is rather more than half a mite from the Telegraph.
COURT. Q. Where were you when you saw them? A. Walking on the footway, not on the Tulse-Mll side—they were going in the direction of the prosecutor's shop—they were on the same side of the way as where the goods Were afterwards found, nearly a quarter of a mile below the Somers-road—I had never seen them before to my knowledge, but Stokes resembles a man I know very well, which made me observe him particularly.
FELIX WILDE (Policeman, P 236). I was on duty on Brixton-hill on the night of 20th August, and about twenty minutes before 12 o'clock I saw the prisoners opposite St. Ann's School, at the top of the hill; they were going in the direction of Streatham.
Cross-examined. Q. Had you ever seen either of them before? A. No; I know the time, because I was at the railway-station at half-past 11, and it took me about ten minutes to come from there to where I saw them—they were about three hundred yards from Mr. Monks' shop—I am sure I am not mistaken in the time.
Felton received a good character.
FELTON— GUILTY .
STOKES— GUILTY .
Three Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. WAY conducted the Prosecution.
live at Woolwich—I am a miner—about 2 o'elock on the morning of 12th August, I missed my way—I met the prisoner in Rotherhithe-street, he was dressed as a policeman—I told him I was very tired and sleepy and had missed my way, and asked him if I could go and lie down anywhere for an hour or two—he said the likeliest place he knew was in one of the boats against the water-side—he pointed out a boat to me and I went there and went to sleep; the prisoner left me—when I went to sleep I had a watch and chain—the watch was in my fob and the guard round my neck—I awoke about 4 o'clock—I felt for my watch and it was gone—I walked up the street when I came out of the boat—it was five or ten minutes before I missed my watch—I had not seen or spoken to anybody from the time I left the boat till I missed the watch—as soon as I missed it I turned back and met the prisoner; we bade each other good morning, and he asked me how I had slept—I said I had slept very well, but I had lost my watch—he wanted me to go to the police-station with him, but said he could not go till he had done his duty—we walked up the street together and met a dock-watchman—that was about 5 o'clock—we were talking together a little while, and the prisoner said he wanted to go to a place to case himself—he went away about thirty yards to an old building—I followed him—I asked him if there was a water-closet about there—he said, "No; but I could go anywhere there"—he was buttoning his coat at the time—I walked to the corner of the stable and there saw my watch and guard lying on the ground, about three or four yards from where the prisoner was—I picked it up and said to the prisoner, "I have got the watch, I know your number, and I will go and report you now"—he said nothing to that—I went back to the watchman; while I was with him the prisoner came up—he said he was very sorry for what he had done—I said yes; but I could not look over it; I would go and report him—he begged very hard that I would forgive him and at last I said I would—I told him I had been out all night and I felt cold and wanted a cup of coffee—he asked me to go along with him—I went, but I would not stop to have any coffee, and he directed me to a coffee-house—I went there and he came to me with the watchman—the prisoner paid for three cups of coffee, one for me, one for the watchman, and one for himself, and he went and got some money and gave me 5s.—I took it—ten days or a fortnight afterwards I saw the prisoner again—I went to the station house and asked for him, and went with him to a public-house and he gave me 15s. 6d.—I had forgiven him two hours before he gave me the 5s.
Cross-examined by MR. GENT. Q. What was said about forgiveness previous to that; you say he begged hard and you told him that you would report him? A. I did for a little while, and then I said I would forgive him—it was perhaps about half-past 7 when I went to the coffee-house—we had walked slowly down and I had been to the station-house—after some time I told him that I would forgive him, and he promised me some coffee—that was between the place where it happened and the station—I did not require any money, but he said he would give me a sovereign—I went to the station-house with him to get some coffee, but did not have any—I am not a very good one amongst strangers; I had no ill-feeling against anybody—I went to the coffee-house and he said he would come there and see me—he said he would give me a fiddle if I would forgive him, as he had no money—I have not had time to say that before—I told him I did not want any fiddle—I wanted 5s., and I had 5s. and the coffee—I had been to Rotherhithe to see a friend and had lost my way—I work at Woolwich now—I was not doing anything at that time, I had given up my work—the men
had turned off on Friday at dinner-time, and this happened on Tuesday morning—I had been working at the Gas house yard, Deptford, for a month or five weeks—I went with a friend that night as well as going to see one—I went to a public-house and stopped till we were turned out at 12 o'clock—I was there perhaps three or four hours sitting talking with my friends and drinking a little—I had not much money to spend to get drunk—I went to no other public-house—I was going direct home but missed my way, and wandered about for two hours—I went to sleep in the boat because I did not know my way home, and I thought it was the best place, and that it would get daylight if I stopped an hour or two—I had had a little drink but will swear I was sober—he gave me 5s. that day and I went to him again because he said I was to do so—it was near 5 o'clock when I went into the stable—it was daylight—my watch is in pledge for 1l.—I have had the coffee and the 15s. 6d. and the 5s. 6d.—I hope I am not liable to be convicted for compounding a felony by doing this—I do not understand it.
ROBERT ALLUMS . I am watchman to the Commercial Dock Company—on 12th August, about 5 in the morning, I met the prisoner and prosecutor in Rotherhithe-street—the prisoner asked me if I had seen his mate—I told him that I had not—he said, "This is a strange affair; this man has lost his watch and guard, last night"—we fell into discourse as to the value of it, and after a quarter of an hour or twenty minutes, he asked if he could go round into my premises to ease himself—I said, "Yes;" and pointed out the way—while he was gone the prosecutor spoke to me and then followed him and came back in about five minutes with the watch and guard in his hand—the prisoner followed him, and Wooffinden, in the heat of passion, said that he would go to the station and report him—the prisoner said, "I hope not"—he said that he would, and wanted me to go with him—I said that I had to change my clothes and would meet him, which I did—I went with the prosecutor to a coffee-house—the prisoner came there about ten minutes afterwards, and I saw him pay for some coffee for us—after some little agitation he said that he had got no money, but I saw him give Wooffinden 5s.—I never heard Wooffinden tell the prisoner that he was unjustly accused of taking the watch.
Cross-examined. Q. Was not it an understood thing, upon this money being paid, that the prisoner was not to be prosecuted? A. When he gave him the 5s. he said that he was sorry for what had occurred, and he hoped he should hear no more about him, and after he received the money he said he would not report him—it was daylight when I met them—it was a water closet that the prisoner was directed to, but he did not go there; he went into an old stable—the prosecutor was perfectly sober when he first cane to me.
EDWARD WILLIAM REDDING (Police-inspector, M.) I received information of the robbery; made some further inquiries; went to the station; called the prisoner into the office and told him I had heard a most dreadful statement concerning him; which was that he had robbed a man of his watch and given him 5s. to say nothing about it—he said, "It is not true"—I said, "If the Commercial Dock watchman says that you robbed a drunken man of his watch and gave him 5s. to say nothing about it, that is not true"—he said, "It is no use making any more bother about it; I did steal his watch and gave him 5s. to say nothing more about it"—the case was reported to the Commissioners of Police, and they directed this prosecution—he has been in the police about two years.
GUILTY .— Three Years' Penal Servitude.
The Court, at the request of the Jury, reprimanded the prosecutor for having taken the money.
Before Mr. Justice Blackburn.
MR. ORRIDGE conducted the Prosecution.
MARY MITCHELL . The deceased George Mitchell was my husband—I know Williams and Davis, bat not Walker—on Saturday, 11th August, Davis called on my husband and they went out together—my husband returned home that night and went out again on the Sunday morning at 6 o'clock—he was then in very good health—he returned at about 5 minutes to 12 with John Kay and another man, a stranger—he was then very bad; he had some braises, and one of his eyes was bleeding—he sat down in a chair, went to sleep, and never spoke again—I sent for Mr. Leech—he died at half-past 4 on Monday afternoon.
Cross-examined by MR. LILLEY. Q. Had not your husband and Williams been fellow shopmates? A. Yes, they had worked together for some time, and were always on very good terms.
ROBERT KAY . I live at 25, Long-lane, and was a fellow-workman of Mitchells—he came to me on the morning of this fight and told me to meet him at a coffee-house in Union-street—I did; there were several persons there but I did not notice either of the other prisoners—we went down the Cat and met Davis, Williams, and several others, who I do not know, at the Victoria Theatre—we went to Battersea into a small field wide of the park—the deceased and Williams went into the park and stripped, they shook hands and commenced fighting—Davis picked Williams up when he fell, more than once—I call him a second, I suppose—I saw Williams strike the deceased but no one else—the fight lasted close upon half an hoar—I saw Walker pick the deceased up more than once, and put him on his knees; he acted as what you may term a second—I went home with the deceased after the fight and left him at his cottage—I was with him the whole of the time—he received no blow on his way home.
Cross-examined by MR. LILLEY. Q. Were you near enough to have heard anything that was said towards the close of the fight? A. Yes, if it was spoken loudly—I did not hear Williams express a desire to withdraw from the fight—I did not hear the deceased say anything towards the conclusion—we called at a druggist's on the way home and got a plaister for his eye, and we all got a bottle of ginger-beer; there was no gin in it to my knowledge—no gin in any shape was taken—they both seemed very determined in the fight, but the deceased was determined to win it if he could.
Cross-examined by MR. RIBTON. Q. Were there a great many people? A. Twenty or thirty looking on—I did not keep time or help to pick the men up; I once gave him a drink of water—there were not several of us assisting to back the men, but if any of us was nearest to the water we reached it.
Cross-examined by MR. RIBTON. Q. How near were you to the men? A. Within five or six yards; it is a small field.
JOHN STOCKDALE . I am an engine-driver—I know the deceased—he called on me about this affair on Saturday evening, between 7 and 8 o'clock with Williams, spoke to me and I left him at the corner—they came to me again about 9 o'clock and said they should fight for 1l., which they asked me to keep—the stakes were 2l., they gave me 5s. first—on the following morning I went with them to Battersea-fields—they went into a field and
fought—I do not know who the seconds were—I saw Davis and Walker there—I did not see Walker pick the deceased up, some man picked him up—I sjiw Davis pick Williams up—it lasted about twenty-five minutes—I did not see the beginning or the end of the fight, but after it was over Williams came to me—when I was in the lane, he said he had won the pound and if I had got the money I was to give it to him—I handed him over 2l. in silver.
Cross-examined by MR. LILLEY. Q. As far as you saw, was there anything unfair in the fight? A. Nothing—I have not known Williams long—I had known Mitchell a long time—he was quarrelsome when he got a drop of beer—I never saw Williams in a row in my life.
Crrss-examined by MR. BEST. Q. This was not a regular roped ring? A. No.
WILLIAM HAMPTON . I live at 20, George-street, Southwark-bridge-road—I was present at this fight and saw the three prisoners there—Williams fought with the deceased—the other two picked the deceased up and others assisted as well—it lasted about twenty-five minutes.
Cross-examined by MR. LILLEY. Q. Are you in the employment of Easton and Amos? A. Yes, I have been there nine years—Williams has worked there on and off two or three times—I never saw anything in his character different from that of a quiet inoffensive man.
HENRY LEACH . I am a surgeon of 22, Union-street, Borough—on Sonday, 12th August, I was called to the deceased's house and found him on a bed made up on chairs, quite insensible—he had marks of bruises about his face, neck, shoulders, and hands—I attended him up to the following afternoon, when he died—I made a post-mortem examination on the Tuesday, and found the skin of his head very much bruised—on opening his head I found a clot of blood on the left temple pressing on the brain, and another clot at the back of the head on the right side—these clots corresponded with the marks of blows outside—the brain was healthy in its substance—the cause of death was the clots upon the brain—they could have been caused by a blow from a man's fist—the marks outside were sufficient to account for the clots—the whole body was perfectly healthy in other respects.
Cross-examined by MR. LILLEY. Q. Might the bruise you saw on the posterior part of the head have resulted from a fell? A. Yes, but the one on the left temple could not, because it was not on a prominent part that he would fall on, but it might have if he had fallen sideways on a stone.
THOMAS GARDNER (Policeman, M 28). On 13th August I went to the factory of Easton and Amos, and took Davis—I told him he was charged with being concerned with others in causing the death of George Mitchell, and that I understood he was a second at the fight—he said that he was not more a second than the rest were—when he got to the station he said that he did pick him up two or three times—Williams came to the station in a cab with his father, who said, "Here he is," pointing to his son—Walker afterwards came and said that it was much better to give himself up, as he had been regularly dragged into it.
Cross-examined by MR. LILLEY. Q. In what state was Williams? A. Very much knocked about—one eye was bunged up and the other nearly so; in fact, I did not know him again—I had knowu Mitchell seven or eight years.
Cross-examined by MR. THOMPSON. Q. I believe you have known Walker ten or eleven years? A. Yes—I know nothing against him—I always considered him a quiet man—I never saw him in any bother before.
The prisoners received good characters.
WILLIAMS— GUILTY.—Recommended to mercy. — Confined Three Weeks.
DAVIS— GUILTY.—Recommended to mercy. — Confined Two Weeks.
WALKER— NOT GUILTY .
832. WILLIAM SMITH (31), and THOMAS FISHER (29) , Burglariously breaking and entering the dwelling-house of William Skinner, and stealing therein 26 boots, 1 pair of uppers, and 2 pairs of boot fronts, his property.
MR. BEST conducted the Prosecution.
WILLIAM SKINNER . I am a boot and shoe maker, of Lower Norwood—my dwelling-house adjoins my shop—on Saturday evening, 11th August, I went to bed, leaving iny shop all right—I was awoke by my apprentice about 2 o'clock, went down, and missed several pairs of boots—the kitchen window and the yard window were open—by it a person could get access to my house by going through a passage—these articles (produced) are mine, and were safe the night before.
ALFRED AYLING . I am apprentice to Mr. Skinner, and sleep in the shop—I was disturbed in the night by somebody opening the parlour door, that leads into the shop—I heard somebody talking, but only one spoke—the person pressed on the bed on my feet, and said, "There is somebody here"—I called out, "Who is that at my feet?" and got up and called my master—I heard footsteps going away but cannot say of how many—three boots are my master's;. I made some of them myself.
ARTHUR MASON (Policeman, M 64). On Sunday morning, 12th August, I saw the prisoners in Blackman-street, a little before 4 o'clock—that is about five miles from Lower Norwood—they were coming from that direction and going towards London Bridge—Smith had a bundle of boots wrapped up in this handkerchief under his left arm—I followed some distance and asked him what he had got there—he said, "Some boots; you can feel what they are, can not you?" I said, "Yes," and asked him where he brought them from—he said, "They are my property, I made them"—I took hold of Fisher's coat and felt boots all round him and all over him—I asked him where he brought them from—he said that he would not tell me, and that they were his own, and he was going to take them to Rosemary-lane—I took him to the station, searched him, and found these boots on him—these are only a portion: also a screwdriver, a box of lucifer-matches, and a knife—I found a knife on each of them.
Smith. Q. Did not I tell you that I bought them at Croydon? A. No, I asked you if you made them, and you said "Yes."
They were both farther charged with having been before convicted.
JOHN ALLOWAY . I am governor of Ipswich Gaol. I produce a certificate. Read: (Bury Assizes, March, 1854; William Greig, alias Smith, convicted on his own confession of burglary, after two previous convictions; sentenced to Five Years' Penal Servitude). Smith is the person.
HENRY DUFF (Policeman, 219 M). I produce a certificate. (Read: Surrey Sessions, December, 1854; James Fisher, convicted of stealing lead faced to a building, having been before convicted. Sentenced to Four Years' Penal Servitude.) I was present—Fisher is the man.
GUILTY.— Ten Years' each Penal Servitude.
ADJOURNED TO MONDAY, OCTOBER 22d, 1860.