CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE,
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSION I. TO SESSION VI.
BUTTERWORTHS, 7, FLEET STREET,
Law 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, November 26th, 1860, and following days.
BEFORE the Right Hon. WILLIAM CUBITT, M.P. Lord Mayor of the City of London; the Right Hon. Sir George Bramwell, Knt., one of the Barons of Her Majesty's Court of Exchequer; the Hon. Sir John Barnard Byles, one of the Justices of Her Majesty's Court of Common Pleas; John Humphrey, Esq.; Thomas Challis, Esq.; and Thomas Quested Finnis, Esq.; Aldermen of the said City; Russell Gurney, Esq. Q.C. Recorder of the said City; William Anderson Rose, Esq.; Thomas Gabriel, Esq.; and Edward Conder, Esq.; Aldermen of the said City; Thomas Chambers, Esq. Common Serjeant of the said City; and Robert Malcolm Kerr, Esq. Judge of the Sheriff's Court of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
ANDREW LUSK, Esq.
OCTAVIUS TRYON CHAPMAN EAGLETON, Esq.
CHARLES GAMMON, Esq.
The following Prisoners, upon whom the Judgment of the Court was respited at the time of Trial, have since been sentenced as under:
Vol. liii. Page Sentence.
CENTRAL CRIMINAL COURT.
CUBITT, MAYOR. FIRST 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, November 26th, 1860.
PRESENT.—The Right Hon. the LORD MAYOR; Mr. Ald. CHALLIS; Mr. Ald. FINNIS; Mr. RECORDER, and Mr. Ald. ROSE.
Before Mr. Recorder.
MR. SLEIGH conducted the Prosecution, and MESSRS. METCLAFE and LEWIS the Defence.
The prisoner received a good character. NOT GUILTY .
MR. COOPER conducted the Prosecution.
WILLIAM SHOPLAND . I am a butcher of 9, Queen's-buildings, Knights-bridge on 31st October, I went to Newgate Market and saw some shoulders of mutton on Mr. Frost's stall—I offered 3s. 8d. for them—I did not buy them—I afterwards met the prisoner as I was coming towards my cart—I told him I had offered 3s. 8d. to Mr. Frost for some shoulders of mutton, and for him to go back and see if Mr. Frost would serve me and if not, he was to give a farthing a pound more for them—that would be 3s. 10d.—I went to my horse and cart, which was standing at the Old Bailey, and the prisoner afterwards came up to me with the shoulders of mutton—he shoed me a ticket, and said he had paid for them—upon that I gave him the money—1l. 8s. 3d.—I said "I did not think you were worth 1l.;" and he said, "Well, I am not so bad off as that, thank God!" and that took me off my guard.
Prisoner. Q. Do you recollect who was with you in Newgate-street when you met me? A. Yes; Mr. Slocombe—I did not take out my purse and give you the money for the mutton—Mr. Slocombe did not say, when you came to the cart, "If you had given me the money, I should have bolted with it."
WARD EBERLEY . I reside at 14, Pentonville-road, and am clerk to Mr. Frost of Newgate Market—on 31st October Mr. Shopland offered Mr. Frost for some shoulders of mutton—the prisoner afterwards came to the stall and said he was authorized by Mr. Shopland to bid 3s. 10d. if he was not served
at the other price—I gave him the mutton and a ticket—he did not pay me 1l. 8s. 3d. for them, or anything of that amount—neither then nor since.
JOHN JOSEPH EMBURY (City policeman, 254). On 3d November I saw the prisoner at his house, 14, St. Paul's-alley, Cross-street—I said I should take him into custody on a charge of stealing 1l. 8s. 3d.—he said that he had had the money, that he had got drunk, and he supposed somebody had picked him up, meaning that they had robbed him.
Prisoner's Defence. I am sorry it occurred; I received the money, but had not the least intention of doing anything dishonest; I had been up all night and fell asleep in the tap-room, and unfortunately lost my money; as soon as I found it was gone I sent my wife to Mr. Shopland and acknowledged to it, saying I would repay it in the course of a fortnight, if he would allow me.
GUILTY .—Recommended to mercy— Confined Four Months.
SANKEY— PLEADED GUILTY .— Confined Eighteen Months.
BUTLER— PLEADED GUILTY .— Confined Nine Months.
Sankey had been in the prosecutor's employ, and had only left a few days previous to the robbery.
PLEADED GUILTY Judgment respited. .—The prisoner further pleaded guilty to ten other indictments charging him with larceny, as said servant, and also to other indictments for obtaining goods by false pretences, to which he pleaded NOT GUILTY.—
NEW COURT.—Monday, November 26th, 1860.
PRESENT—Mr. Ald. CONDER, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. WAY conducted the Prosecution.
HENRY BROWN . I am carman to Mr. John Dale of Tooley-street, a licensed carman—on 14th November, I received two chests of tea with an order to deliver them on board a trading vessel at Horselydown—I received one between 12 and 1 o'clock, and the other about 2 o'clock—I got to Botolph-lane about 5 o'clock, and backed my cart to Suffolk-lane—I jumped out of the cart and went into Mr. Bowen's—I returned in two minutes, and the horse, and cart, and tea, were all gone—I spoke to the policeman, and by
his directions I proceeded towards Tower-hill, in hopes of overtaking the oart, but I did not—on my return, I went to the station in Seething-lane, where I saw one of my chests of tea—the horse, harness, and cart, were found about half-past 6 o'clock in the street, the tail-board of the cart was down, and there was nothing in it.
THOMAS PRATT . I live in the Commercial-road—on 14th November I saw the prisoner in a cart in Lower Thames-street, about ten minutes to 5 o'clock—he was driving as if he had just turned out of Botolph-lane, and was going towards Nioholson's Wharf, close to it—he drove the cart along side of the kerb—there was a hole, and the wheel going in that hole drove the water in my face—I looked up and took particular notice of the man—he drove on, and I went towards the Custom House Wharf—after that I saw a policeman and the carman running along—I made a communication to the policeman—I afterwards went to Seething-lane Station—I saw the prisoner—he is the man that I saw in the cart, and he had the reins in his hand.
WILLIAM GALE (City policeman, 520). On 14th November, I saw the prisoner about five minutes before 5 o'clock in Lower Thames-street, near the west end of the Custom House—he was walking towards Tower-hill, and watched him—he was putting down a chest of tea that he was carrying on to a hawker's barrow—I heard him tell the man with the barrow to drive it to Brick-lane—I said, "Hold hard—what have you got there?"—he said "A chest of tea, I suppose"—I said, "Where did you get it from"—he said, "From Mr. Cook or Mr. Cox, I don't know which;"—I asked him if he had an invoice—he said, "I know nothing about an invoice, Mr. Foster gave it me to carry to Brick-lane;" I asked him who Mr. Foster was, he said he was standing in Thames-street, at the corner of Bell Yard—I took him back to see if Mr. Foster was there, and he was not—here is a direction on the chest—it is directed to Wakefield—I took it and the prisoner to the station—as we were going along a man came up, and said there was a horse and cart lost and two chests of tea—I said I had got one of them.
Prisoner's Defence. I was out to look for a job, and a man asked me if I wanted a job—I said, "Yes;" he asked me to carry this to Brick-lane and he would give me a shilling: I said, "Yes;" and was going there—he said he would follow me—I found it rather heavy and put it on a barrow, and the officer came and asked what I had got: I said, "A chest of tea." I went back to see for the man but could not find him, and the officer took me to the station.
GUILTY .— Confined Twelve Months.
10. JAMES CHESSON (62) , Feloniously forging and uttering a request for the delivery of 2 yards of cloth, half a hide of leather, and other goods, with intent to defraud, to which he PLEADED GUILTY .— Confined Four Months.
MR. LAWRENCE conducted the Prosecution.
EDWARD KNIGHT (City police-inspector, 11). I was in Ludgate-street on the afternoon of 9th November, at about 4 o'clock, at the corner of Ave Maria-lane—there was a large crowd, of which the prisoner was one—I saw Mr. Stocks amongst the crowd—two men had him by the collar of his
coat, and I saw the prisoner in the front of him with his hand upon Mr. Stocks' neckcloth—I forced my way through the crowd and seized the prisoner—the moment I seized him, the crowd, and his companions, I suppose, attacked me, and he broke away from me in consequence of the assistance the crowd gave—policeman Scott came up, and the moment he broke away I saw Scott seize him—the prisoner was never out of my sight—the prisoner put his right hand behind him and stooped—I made a seize at his hand, and he brought his hand up to the front directly open—I said, "You have passed something"—he said, "It's all right"—I directed Scott to take him to the station, and I looked for Mr. Stocks—he did not go to the station with me—I afterwards found his residence, and wrote to him.
Cross-examined by MR. ATKINSON. Q. Did he actually tell you it was all right? A. Yes—there was nothing in his hand then—there was a good deal of bonneting going on—there were a lot of rollicking, rattling people—a great crowd of roughs—the knocking about just then was not occasioned by their rollicking—I was standing—the show had gone by—there were 100 people, and upwards, I should think, from the corner of Ave Maria-lane to the comer of St. Paul's Church-yard—the prosecutor had no opportunity of swaying about—he was held so tight—I could not say whether the crowd was swaying, they were closely packed together, and uneasy, as all crowds are—I had some difficulty to force my way through to get to the prisoner—Scott met me at the end of the crowd, as I was coming to get the prisoner out of it—the prisoner was searched—nothing of a suspicious character was found on him.
WALTER MITCHEL I am a compositor, and live at Albany-road, Old Kent-road. On the 9th November, I was in Ludgate-street, at the corner of Ave Maria-lane about 4 o'clock in the afternoon—I saw an immense crowd there, and the prisoner in it—I saw him with two others, push a man back, and the prisoner snapped something from the front of the man—I did not see the pin at the time—the two men were pushing against the other man, the prisoner was in front—directly the prisoner pulled his hand away, the inspector came up—the prisoner backed away from him, and I then caught hold of the prisoner by the collar—directly he got away from the inspector he passed something behind him to somebody behind some others.
Cross-examined. Q. How close were you to him? A. Within two yards—there might be six or eight people between me and him, closely packed together—they were all sizes, tall and short—they did not lay hold of me—I was in my working clothes, and my apron on—they had nothing to lay hold of me for.
GEORGE HENRY SCOTT (City policeman, 387). I was on duty on the afternoon of 9th November, at about 4 o'clock, at the corner of Ave Maria-lane—I saw the inspector with the prisoner in custody—I saw him break away from the inspector—I immediately seized him—I got assistance afterwards and took him to the police station—I searched him there—I found on him one shilling in silver, threepence in copper, and two duplicates—he gave me an address—I went there, but found no one there who knew him—there was no such name there.
JOSEPH STOCKS . I am a law student, and live at 32, Maddox-street, I Regent-street—I was in Ludgate-street on the afternoon of 9th November, about 4 o'clock—I felt myself surrounded by a large crowd, and felt some one place his hand upon my collar, and some one else at one of my shoulders, holding me back—there was one man, I fancy, at the side of me—I could not see for the crowd—a third man rushed at me in front, and took from
my scarf a breast pin, worth about 2l.—I cannot say whether the prisoner is the man, or whether he is like the man—some one also hit me a blow at the back, of my head, and they tried to take my watch, but I caught it just, as it was coming out of my pocket—my watch was in my waistcoat pocket, and my coat buttoned up, but my coat was pulled open.
Cross-examined. Q. Had you left your law studies that day? A. I was returning from a visit that I had been paying to a friend in the city—I endeavoured to get an omnibus, but could not—I was moving slowly down in the crowd—it was a very large crowd indeed—I did not stand looking on when I got into the middle of the crowd—I endeavoured to force my way on, but found myself fastened by this man catching hold of my collar—there were men of various sizes there.
MR. LAWRENCE. Q. Did you go to the station home the same day? A. No; some one called at my lodgings afterwards, and requested that I would appear at Guildhall—in consequence of that I went to the station house, and was taken before the Magistrate at Guildhall.
NOT GUILTY .
BENJAMIN BALLANTINE . I am a boot-maker—on Sunday night, 28th October, I think, about a quarter before 8, I was going towards London-bridge, with my wife—we were on the City side—the prisoner followed ma down King William-street, till we got to London-bridge, and then he took my handkerchief—I had seen him behind and before me all the way from King William-street, but I did not think he was after anything—he put his hand into my side coat pocket, and took my handkerchief—I turned round and saw him go away—I did not see the handkerchief in hit hand—I followed him, and saw him attempt to take handkerchiefs from two other persona—I saw him put his hand into their pockets—he crossed the road, and then I went again and took him—I said, "You are the young man I want, you have taken my handkerchief"—a policeman came up and took him into custody—I saw my handkerchief at the station, it was found on the prisoner—he said that I was mistaken, that it was not he.
GEORGE CAVALIER (City policeman, 412). The prosecutor described the prisoner to me on Sunday night, 28th October—I first saw the prosecutor and his wife together in the middle of King William-street, and I saw him a second time at the corner of Cornhill, and he charged the prisoner with stealing his pocket handkerchief—the prisoner denied the charge—he said the property he had got in his pocket was his own—I induced him to pull out what handkerchiefs he had got in his pocket, and out of three pocket handker-chiefs the prosecutor identified this one (produced) as his—there is no particular mark on it—it is a common cotton pocket handkerchief—I took the prisoner into custody, searched him, and found on him sixpence.
COURT to B. BALLANTINE. Q. Is this handkerchief yours? A. Yes, and it is the one I had safe in my pocket that night.
GUILTY **— Confuted Six Months.
MR. GRESHAM conducted the Prosecution.
RICHARD LEIGHTON . I am a ship's husbandman, and live at No. 1, Harbour-square, Stepney—on the 9th November, about 20 minutes past 12, I was at the top of St. Mary Axe, stopping by the Lord Mayor's procession, which was passing—it was not particularly crowded—the prisoner
was standing on my left—I felt the guard of my watch jerked—my watch was in this position—upon looking down, I observed the prisoner's hands covering the guard in this manner—he called to some one by name, and stretched out his hand—I caught him in the act—I seized his hand, and called a policeman—I did not see anything in his hand at the time he was stretching it out to this other person, or before that—I observed the guard fall loose down from my waistcoat pocket—that was after he had stretched his hand out—I lost my watch—I never saw it again—I had seen it safe a few minutes before—I then gave the prisoner in custody—I could not recognise the other man, he was close to the prisoner, and a similar looking person in dress—I did not sec that man do anything with his hand.
Cross-examined. Q. What part of the show did you see? A. The front part—the first carriages were passing—I never saw it before—there was rather a crowd—there were a great many persons in front of me—when I had hold of the prisoner, he asked what I was holding him for—I had seen my guard in his hand—one end of it never left my waistcoat—it was held, to my waistcoat by the button-hole, and there is a large key—it is not easy to detach it—I did not see another lad run away at the time I had hold of the prisoner—the crowd came at the time.
GEORGE SMALL (City policeman, 656). I was on duty on this day about twenty minutes after 12—I heard a cry of "Police," and saw the last witness had hold of the prisoner—I ran up and he told me that the prisoner had taken his watch from his waistcoat pocket—he gave him in charge—I found one halfpenny on him.
Cross-examined. Q. Nothing else at all? no instrument or anything of the kind? A. No.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
MART GREENLY . I am a widow, and live at 7, Willow-cottages, Canonbury—it is my dwelling-house and is in the parish of St. Mary; Islington—I heard a noise in the house on the morning of 26th October, about a quarter or twenty minutes to 6; before I was up—as the sweeps were expected that morning I did not take much notice, but presently I heard a noise outside my bedroom door, at the wardrobe—I then got out of bed and sprang the rattle from the balcony—I remained there, and presently I saw the prisoner come up the area steps—he went across the garden and got over the iron railings—he had neither shoes, coat, nor hat on—he ran away and was pursued by a policeman—he was brought back to me—the prisoner is the person—I went to bed between 11 and 12 o'clock the night before—the places were all fastened up properly—I was the last up—after I saw the prisoner go away I went down stairs and looked about the house—I entered the parlour, and there I found that he had effected an entrance by cutting or breaking a pane of glass; the fastening was forced back, and the window opened—the shutters to those windows were not shut—when the window was open, anybody could easily get in through it—I proceeded to the kitchen, and found that he had been in the larder and regaled himself—I missed stout and provisions—after that he must have proceeded to the top room—the door of one room was open and unbolted—a black silk dress and a cloth cloak had been brought down from there to the parlour.
of 26th October; off duty—I heard a rattle near Willow-cottages—I went there, and saw the prisoner coming over the area railings into the front garden—he got from the front garden over the railings into the road and ran away—I pursued him and never lost sight of him till I took him in custody—he had his trousers, shirt, and waistcoat on—he had no shoes, ooat, or cap—when I charged him, upon taking him into custody, he said, "You have made a mistake, I am not the person"—I afterwards took him back to No. 7—Mr. Greenly saw him—I searched him at the station—I found I nothing on him but a comb and a bit of paper.
Prisoner. When he took me, he asked the lady whether I was the man? Witness. I did not—she said "That is the man."
Prisoner's Defence. I had been at my cousin's over night and was coming home; I lost my clothes on the Thursday night, and found myself on the Friday morning without them—I was making my way to the Lower-road, Islington, and some one called "Stop thief!" The policeman was coming down the road, and he collared me and said he saw me get over the railings. I never was in the place, and know nothing about it.
He was further charged with having been before convicted.
ROBERT GOULD (Policeman N, 40). I produce a certificate. (Read: "Clerkenwell Sessions, February, 1856; William Mason, convicted of stealing leaden pipe fixed to a building; having been previously convicted of felony. Sentenced to Four Years' Penal Servitude") I was present at the trial and proved the former conviction—the prisoner is the same person.
GUILTY.**— Six Years' Penal Servitude.
MR. LANGFORD conducted the Prosecution.
WILLIAM DODD . I am a stationer, of 18, Norfolk-street, New-road—on Saturday evening, 3d November, about half-past 6 o'clock, I was coming along Fleet-street, close to Whitefriars-street—I saw the prisoner rash past me down Whitefriars-street—I followed him—I saw Hetherill stop him down there—I came up at the very moment when he was stopped—Balch came up about two moments afterwards—he said to the prisoner, "Where is my watch?"—the prisoner said, "What watch?" and threw his coat back from his shoulders, and the watch fell from under his coat on to my foot—I did not have the watch in my hand, so I cannot say whether this watch (produced) is the one—it was a silver watch; I saw it on the ground—it was picked up by somebody—the policeman was there—two or three stooped to pick it up, but I don't know who got it.
CHARLES CHRISTOPHER BALCH . I live at 7, Brewer-street, John-street-road, and am a copper-plate printer—on this Saturday night, about half-past 6 o'clock, I was in Fleet-street, opposite Whitefriars-street—some volunteers were coming down Fleet-street, but they had not got up to me at that time; I was looking at them—I had my watch then in my pocket—I heard a click at my watch—I expected, by the sound, that my guard was cut by the nipper of a pair of pliers—the prisoner was immediately by me—I tried to catch him, but he bobbed his head and ran away down Whitefriars-street—I pursued him, and called "Stop thief!"—I found him at the bottom of the street, in custody—I did not see the watch fall; I saw it picked up—I do not know who picked it up—this is the watch that I saw picked upr—it was by the prisoner's foot—at the time I heard the click I only noticed the prisoner near me; no one else—I noticed him run away directly I heard it—I
did not notice him do anything else—this is my watch—I had seen it safe one minute before that—I had not left my shop half a minute.
Prisoner. Q. Did you see me steal your watch? A. No; but I saw you run away, and when I came up to you I said, "Where's my watch?" you said, "What watch?" and then threw your coat back, and Dodd said, "Something has dropped on the ground;" and then the watch was picked up.
WILLIAM BLEACH (City-policeman, 363). On Saturday evening, 3d November, about half-past 6, I was on duty in Whitefriars-street—I heard them call out "Stop thief!" as I was coming away from the Temple, towards Whitefriars-street—I saw Balch and Dodd come up—I heard the prosecutor ask the prisoner where his watch was—the prisoner said, "I have no watch"—I took him in custody and took hold of his right arm and Dodd had hold of his other arm—he pulled part of his coat back from his arm and the watch dropped—I did not see it drop, I saw it lie on the ground—this is it—I took him to the station.
Prisoner's Defence. I was coming by about half past 6; the colunteers were coming by, and I picked the watch up by the man's feet and ran away with it; I did not know it was his; I thought the first witness saw me pick it up, and he might have said it was his; that is why I ran. I did not steal it; the prosecutor cannot say that I did.
GUILTY .— Confined Four Months.
OLD COURT.—Tuesday, November 27th, 1860.
PRESENT—Mr. Ald. FINNIS; MR. RECORDER; and Mr. Ald. ROSE.
Before Mr. Recorder.
PLEADED GUILTY — Confined Six Months each.
17. ROLAND MUCKLESTON (32), was indicted for that he being a bailee of the sum of 94l. 10s., did unlawfully convert the same to his own use. Second Count for a larceny at common law. Third Count for stealing the order.
MR. SLEIGH conducted the Prosecution.
WILLIAM ONION . I am a carriage-trimming manufacturer, at No. 40, Drury-lane—I first became acquainted with the prisoner in the middle of June, I think—he, at that time or shortly afterwards, entered my employment as town traveller, with a salary and commission—shortly after that it happened that I was short of money—I had a quantity of velvet in my possession—I had some conversation with the prisoner on the subject—he said that through some friends of his he could raise money for me on the velvets—I afterwards, by his instructions, sent the goods to Messrs. Werner and Falck, on 6th July, at Bury-court, St. Mary-Axe—the prisoner afterwards, on the same day, handed me 90l.—he said it came from Werner and Falck's as an advance upon the velvets—I said that it was a very small sum for the amount of the velvets, aud asked him if he could not obtain more—he said he would try, and on the next day he returned and said that Werner and Falck would not give more—I think he remained in my service about a fortnight after the 6th—he had told me that the period of loan was for one month—ou 6th August following, I received a letter from him about the redemption of these goods—I saw him in the City and gave him a
cheque for 94l. 10s., being the amount of principal and interest—it might have been the day following the advance of the money that I learnt the interest was 4l. 10s.; it was not at the time the money was advanced—the only conversation was that the rate would not be a very heavy one; perhaps 1s. in the pound for three months, and to my surprise I found it was a 1s. in the pound for one month—I gave him directions to take the cheque to the Union Bank, Temple-bar Branch, get it cashed, and to pay over the proceeds to Messrs. Werner and Falck—I gave him directions to leave the velvets at Messrs. Werner and Falck's to my orders—I saw him subsequently on the day I gave him the cheque, about 4 o'clock in the afternoon, and he stated that he had been to Werner and Falck's and neither of the partners were in, and that he had left the money with the clerk—I did not direct or authorize the prisoner to sell these velvets after giving him the cheque; I had done so previously—that cheque has been returned to me by my bankers as paid—the officer has it—the prisoner was not in my employ when I gave him instructions to sell; it was afterwards—the value of the velvets is 148l.—I paid that for them.
Cross-examined by MR. METCALFE. Q. Do you really mean that you did not give him instructions to sell after you gave him the cheque? A. No; I decidedly did not know that he was negotiating a sale after I gave him the cheque—I did not know that Mr. Cawley had given bills for them—I have been frequently to Mr. Michael's, but not about the velvets or the bills; I went merely because I did not know what had become of Mr. Muckleston—Mr. Michael said something to me about the bills—I did not see them, or what was written on them, or whether they were bills; he showed me some pieces of paper which he stated had been given to him, and which he stated to be bills, But I did not look at them—he offered to discount them if I would put my name to them—I did not ask him what arrangements he had made about the velvets—I do not think anything was said about them—I do not know why those papers, which were called bills, were produced; I did not know of their being in existence—Mr. Michael said that the bills were left with him by the prisoner for the velvets—that was about all that was said about the velvets—he asked me to endorse them, and I declined to have anything to do with them—I went there about 12th or 14th August—the cheque was given on the 6th—the prisoner, I believe, wrote several letters to me before I went there—I did not go there in consequence of any letter; I cannot explain why I went, but I was searching after Mr. Muckleston at the time—the prisoner said one day that he had been to Tottenham to Mr. Michael, and asked him to discount some bills he had—this was before I went to Mr. Michael—I do not think he said that those bills were for the velvets, but he said that they were bills of Cawley's; they were some which I expect were obtained by frand—I had nothing to do with the bills or the discount—I do not know whether I should or should not have refused to receive the money if I had not been asked to endorse them—I said that I would not recognise any bills in any shape or form; all that I wanted was an order for my velvets, and that is what I told the prisoner—I first knew on Friday the 10th, that the proceeds of the cheque had not been paid, and after searching for the prisoner for a long while, I saw him come out at Mr. Michael's door, and spoke to him about the money—he told me he had been into Michael's at that minute to get him to discount Cawley's bill—it was two or three days after that, that he told me he had been to Tottenham, and after that I went to Michael's on the 12th or Hth—I did not know at the time, that the prisoner gave a bill for the 95l., but afterwards I did—that
was before I gave the cheque; it was on 6th July that he gave the bill—I told the prisoner to pledge the velvets in his own name; that was for a trade reason, it was that people might not know that I was pledging—I did not wish the velvets to be brought back, that my clerks might not know that they had been pledged; they went into the books as bo much cash from Werner and Falck on account—I knew something about Cawley before I gave the cheque—the only thing I know is, that he made sales to Cawley while he was in my employ, and I understood that Cawley's character was not such as I could trust, and I did not wish to do any more business with him—I never knew of the bills being grven for these very velvets till the 10th—I cannot say whether I knew before the 10th that the prisoner was negotiating a transaction with Cawley—he wrote me some letters, saying that he could do something with the velvets; those letters are here—I did not know on the 6th that he had offered the velvets to Cawley—he said before the cheque was given that he could sell these velvets to Cawley, and I declined the transaction—he was authorized to sell up to the time I gave him the cheque, either for cash or for bills approved by me, but not Cawley's bills—I went to Cannon-street to Mr. Burke, to inquire about Cawley's reference—that was when the prisoner was in my employ, and about three weeks before I gave him the cheque; he then said that Mr. Cawley was proposing to buy the velvets—I consulted my solicitor a few days afterwards—I cannot tell you when the warrant was taken out, but it was a short time afterwards—I swear I did not say to Mr. Michael that I would not endorse the bills; and that if I did not get my money, I would have it in another way, that I would have the money or lock the defendant up; nothing of the kind; nor that I would shut his mouth, and the money would soon be brought forward, as Muckleston had some warrant for grain and some seed—I said that I had seen the person who sold some seed to him, but I did not say that I would lock him up, or have my money; nothing of the kind—I may have called there again afterwards going by—I do not think I called there between the time when the papers were shown to me, and the issuing of the warrant—I went with Newton once or twice either after or before the goods were shown to me, I cannot say which—I have no doubt I went there both after and before—I looked at some goods with Newton which Michael showed me, and Michael did not ask me to take those goods as part of the bills, but against the velvets—I certainly looked at the goods, but for no earthly purpose: there had been no end of propositions made by Michael, and I might have just touched the goods in a cursory manner, but as to looking at them I did not—I did not say, "When he is ouce taken, the money with all my expenses will be paid;" nor did I offer a reward of 50l.—I said nothing about taking him, but perhaps I had the warrant out at that time—I might have said that I intended taking out a warrant, but nothing about locking him up; or about locking him up, and the money would soon be forthcoming—not on either occasion—the warrant was put into the hands of Haydon, the city detective, who I afterwards met on 28th August, and told him not to execute it at present—Michael was there—Poole was not there at that time—I found Michael and Haydon together at some place where I was referred to from the detective-office, and not by appointment at all—my reason for telling Haydon not to execute the warrant, was, in the first place, because we could not find the party—we had been looking after him for three weeks, and there was a certain matter entered into at the time, in which I was regularly done, and which I was foolish enough to sign—this letter (produced) is not my writing—one name
in it is, and also the u Dear Sir"—I have seen Mr. Poole on no end of occasions—he told me on one occasion, to tell Michael to come down—I called on Mr. Poole, who said, "Michael has heen hero"—I called as a friend, but for no specific purpose—I have known him for years—this was a week or ten days afterwards—I called on Michael to say that Mr. Poole wanted him—I might have had an idea what Mr. Poole wanted him for, but Mr. Poole did not tell me—I did not know perfectly well that Poole was to settle the matters between me and the prisoner, and that Michael and I were to see him on the other side—there was not a word about settling, but Michael was constantly upon Poole, to try to settle it—that I have heard since.
Q. Why was it you told Haydon not to execute the warrant at present? was not it because you had put the matters into Poole's hands? A. As a referee; I said to Haydon that it might be referred to Mr. Poole to know whether I had a civil or a criminal case, or it was said in his presence; Haydon and Michael were by—that was after the warrant had been out for nearly a month—I believe Haydon went out of town—I did not tell Haydon on that same day, the 28th, to have the name written off the police books—I told him to suspend the warrant, that was all—I have no recollection of his saying, "In order to do that, I shall be obliged to have the name written off at the station"—he did not execute the warrant—he did not Bay that it was handed over to Moes by mistake when he went out of town—he said that he had sent Moss in to apprehend him, while to remained outside—Poole is a private gentleman; he has an office in London—he does not live at Southend, but his wife was very ill, and he was staying there, and she subsequently died—I do not know that that was the reason that he could not go into the reference—I know nothing about it—I called almost daily upon Michael—the cheque was payable to the defendant—I understand that the acceptance that he gave was in his own name—I have not seen it—I have heard since that it was for 100l.—I did not write a letter to him about Cawley's bills—I never wrote a letter—I did not write a letter asking for Cawley's bills; decidedly not—I never saw the bills, and do not know whether there was first a large one for 175l., which was afterwards broken up into four small ones—I know nothing of any bills of Cawley's—if I have said, "Not for these last bills," it must have been a slip of the tongue—I never wrote to him to ask him for the one large bill—at letter has been destroyed by my request, or in my presence.
MR. SLEIGH. Q. When did you first learn or know that an acceptance bad been given by the prisoner for 100l.? A. Within the last fortnight, and before I gave my oheque for 94l. 10s.—he did not tell me so at the time when he told me he had got 90l. in advance—I first knew of Cawiey through some goods being sold to him by the prisoner—it was through the prisoner that I first in my life heard of Mr. Cawley—I declined to have anything to. lo with Cawley whatever, because I had made application to the reference, and likewise to the Trade Protection Society—that was while the prisoner was in my employment—I first heard of Mr. Michael through the prisoner—it was on 10th August that I first spoke to the prisoner on the subject of he cheque being cashed by him, and the proceeds appropriated to me—he aid that he had not misappropriated the money; that he had sold the velvets for bills which Michael was to discount—I then stated that he had no authority to sell; that I would not take the bills or recognise them in any ray—all that I required was my velvets, or an order for them to be given up—I repudiate the bills spoken of from beginning to end—I have since
paid the money to Messrs. Werner and Falck, redeemed the velvets, and got them back into my possession.
MR. METCALFE. Q. Is that since these proceedings? A. Yes; since it came before the Lord Mayor—I have given an indemnity.
ALEXANDER WERNER . I am a merchant, carrying on business at 3, Bury-court, St. Mary-axe—I have known the prisoner four or five months before this matter was inquired iuto—in July last he applied to me for an advance on some goods—I made the advance on 6th July—I gave him a cheque for 95l. upon certain velvet goods, and he gave me a promissory note and a memorandum of deposit in his own name—in the course of business that loan would have been repayable on 9th August, the bill was due on 6th August—I cannot say whether I saw him upon that day, I think it was afterwards—the bill was presented when due and not paid, and the prisoner came and asked for a renewal; the bill produced was for 100l.—I granted it, and the velvets remained in my hands—he afterwards called again and said, if any one said anything about the velvets, I was not to say anything about his business to anybody—I retained the second bill of 9th August that was not honoured, and since that I have had the amount of my advance and interest paid to me by Mr. Onion, and the goods taken away—the difference between the 95l. and 100l. was the interest.
Cross-examined. Q. You say you received an acceptance from the prisoner at the time you first received the goods? A. Yes; he gave me a letter of introduction which was satisfactory; it was from a very rich man—I advanced the money upon the bill and upon the goods—I advanced the money upon the bill, taking the goods as collateral security—this bill was given on the 9th to renew the other bill—I took this fresh memorandum of deposit at that time (produced)—the goods were in effect redeemed on that day and re-pledged—if the velvets had gone down in the market afterwards I should have sued Mr. Muckleston for the balance, they vary very much in the market—the prisoner told me that a person had bought the velvets—that was a day or two after the first bill was due, before the second bill was given; it was between the Gth and 9th—there are three days grace allowed—he said that Mr. Cawley, of Old-street-road, and somebody else would come and pay for the velvets—I gave him a cheque for 95l.—I offered him first 90l. for the velvets—I do not recollect that he said he wanted 5l. more for his own use.
MR. SLEIGH Q. Did you know anybody else in the transaction? A. No; I thought they were his own goods—the value of them is about 100l., not more.
WILLIAM SPEELMAN . I am a clerk in the Union Bank of London, Temple-bar branch—Mr. Onion keeps an account there; the officer Moss has the cheque; this is it (produced)—I debited Mr. William Onion's account on 6th August—there was one 50l. note, No. 13,262, 20th June; three 10l. notes, Nos. 92,877, 8. 9, 23d May; and two 5l. notes, Nos. 44,350, June 26th, and 66,851, June 26th, and 4l. 10s. in cash.
PHILIP BEYFUS . I am a cabinet-maker, at 91, City-road—I know the prisoner; previous to August last he was indebted to me; he called on me that day and paid me 69l. in notes and gold—I paid it into my bankers, the Union Bank, Princes-street, the following day—he owed me the money for furniture.
CHARLES HEWITT . I am a clerk at the Union Bank of London, Princes-strcot—Mr. Philip Beyfus keeps a private account there, and also an account of the firm of P. and S. Beyfus—on 7th August, some money was paid in to
the account of the firm—I personally received it either from Mr. Beyfus or somebody else—I believe it was from Mr. Beyfus himself—this (produced) is an extract I made from the books; 173l. 12s. was paid in, and amongst that there was a 50l. note, No. 13,262, dated 20th June; six 10l. notes, two of I which bore the Nos. 92,877 and 92,878, dated 23d May, 1860—there was also a 5l. note amongst them, dated 6th June, 1860, and numbered 44,350.
JOHN MOSS . I am a detective officer of the City—on 15th September, I arrested the prisoner on a warrant, at his office, 50, Lime-street, City—I said to him, "Mr. Muckleston"—he said, "Yes,"—I said, "Rowland Muckleston"—he said, "No; Richard"—I said, "I have a warrant for Mr. Rowland Muckleston to apprehend him"—he said, "I am not Rowland Muckleston, I am a cousin of his; I am managing the business for him"—I was not satisfied with that, and arrested him—he requested to go to Mr. Michael's office, 10, St. Mary-axe—he afterwards said that his name was Rowland Muckleston.
Cross-examined. Q. You found upon him two letters, did you not? A. Yes; Haydon accompanied me to the office and he stayed outside while I went in—the warrant was handed to me when Haydon was about leaving town—I told the prisoner it was for misappropriating a cheque, and he said that the matter was settled, and that he had letters to show that it was referred to Mr. Poole.
MR. METCALFE to MR. ONION. Q. Was any salary paid to the prisoner? A. Yes, there is a balance due to me now, 8l. which he was overpaid on the salary account—his salary was 3l. a week, and two and a half per cent on all paper hangings which he sold, and three and a half per cent, on all American cloths—there has been no settlement—I have no statement of the accounts with me—he was in my employ about three weeks—no balance was struck between us at the time he left, but there was a balance due.
MR. METCALFE contended that there was no case for the Jury: the cheque came from the prosecutor with directions to receive the money, but the money came from the banker, and the question was whether that was such a bailment as was intended by the Statute, as the prisoner received no specific coin from his master, and the money received from the banker would not be in the prisoner's hands as a bailee, it never having been in his master's hands; and further, that he took up the velvets by means of the renewed bill, so that after the cheque was given the object for which it was given was accomplished, and if any offence was then committed it was re-pledging the velvets. MR. LEWIS on the same side, contended that bailment is made up of two things, confidence and delivery, and that here there was no delivery, as the cheque was payable to the prisoner or bearer—that there was no direction by the prosecutor to the banker to deliver any specific chattel, and that there was no confidence between the banker and the prisoner, it was between the prisoner and his master (See Reg. v. Bull, Foster's Reports) THE COURT left it to the Jury to say whether the notes were given to the prisoner for a special purpose, and whether he, instead of that, fraudulently transferred them to his own use.
GUILTY on the First and Second Counts only.— Confined Six Months.
PLEADED GUILTYInspector Brannan gave her a good character . Judgment respited. .
MR. O'CONNELL conducted the Prosecution.
about half-past 12 or 1 in the day—I saw the prisoner Naughtou there, carrying something in a piece of canvas concealed in her apron—it was below her apron—I stopped her, and fonnd in it seven pairs of new boots, they had not been worn at all—I asked her where she got them from, and she said she got them from a man to sell, he was a traveller, but she could not tell me his name—I took her to the station house—Watkins, another officer, was with me—at the station house the prisoner said that a woman named Burke gave them to her—she lived at a shoe warehouse in Smithfield—she did not mention the name of it—she said it was a large warehouse—I went to Smithfield and found Burke there—she said something to me when Naughton was not there.
Cross-examined by MR. MCDONNELL. Q. Were you in your uniform? A. No, in plain clothes, and the officer with me was in plain clothes also—I did not tell Naughton that I was an officer—she had known me for years—I do not think Watkins said that I was an officer—I asked her what she was carrying, and she said nothing at first—I afterwards saw that she was carrying boots—she said she lived at a large boot warehouse in Smithfield—I went and found it was correct—she did not give Mr. Hickson's address—she said she lived at a boot warehouse in Smithfield, but did not tell me the name—she told me at the police-station from whom she got these boots—I made inquiries from Burke as to whom she gave these boots, and she told me that she had given them to Naughton—Naughton told me that Burke washed for her—she did not say, "If these boots have been taken, they must have been taken by Burke," nor anything like that—all she said was she got them from Burke; but she did not say how they came there—Burke told me that Naughton was in the habit of washing for the family where she lived.
MR. O'CONNELL. Q. Is that so, that Naughton washed for the family were Burke lived? A. Yes, I did not understand that Burke washed for Naughton.
GEORGE WATKINS (City-policeman, 60). I was with McLeod on this day in Beech-street—after Naughton was taken into custody she gave her address, 5, Silver-street, Bridgewater Gardens—I went there—I was shown her room—I searched it, and found a pair of new boots among some dirty linen—I afterwards told Naughton that I had found them there, and she said that she thought she had brought them all away—she was going towards Silver-street when we met her, and towards Smithfield.
Cross-examined. Q. Was the address that Naughton gave a correct one? A. Yes—Naughton did not tell me that anybody had been washing for her—she said that she washed for Burke in the family where she lived—she said that Burke had brought the boots in the dirty linen—she did not afterwards say that linen was frequently taken there by Burke, nor anything like it to my knowledge—I was in plain clothes—I did not notice whether the linen was marked—this is the pair of boots I found (produced).
MR. O'CONNELL. Q. Is this the same canvas that they were found in? A. Yes.
SAMUEL HICKSON . I am a wholesale boot and shoe manufacturer, of 20, West Smithfield—I have two partners—Burke was assistant to Cayford my housekeeper—these two pairs of boots have been our property—most of them have W. H. on the bottom, and some of them have been scratched in the endeavour to be erased—part have been scratched and part not—you can see the initials.
fortnight—my wife paid her wages—she had access to the warehouse to get up the coals—she was paid her first wages just after she came because she was in distress, having been out of service for some time.
Cross-examined. Q. Did you ever see Naughton at your place? A. Never.
WILLIAM SPRINGETT . I am an officer of Guildhall Justice Room—I remember the prisoners being examined there before an Alderman on 15th November—they were remanded and locked up in the same cell—they were afterwards placed in the van for removal, when thirteen half-crowns, one I sovereign, three half-sovereigns, one crown, one shilling and two florins dropped from Burke—4l. 12s. 6d. altogether.
COURT to SAMUEL HICKSON. Q. Can you tell when these boots were in I your stock? A. No—I do not know whether they have been sold—we I have not missed any; our stock is too large, and five parties have been robbing us this year.
MR. O'CONNELL to JAMES MCLEOD. Q. Did you ask Naughton anything I about the boots in Burke's presence? A. No; but I asked Burke in the presence of Naughton.
THE COURT considered that there was no case against Naughton.
NOT GUILTY .
PLEADED GUILTY .—To be Confined Three Years in Feltham Industrial School.
PLEADED GUILTY .— Four Years' Penal Servitude.
MR. COOPER conducted the prosecution.
JOHN WEST . I am a coal merchant and corn dealer at Southall—I am agent for the Ruabon coal company—the prisoner was in my employ—it was his duty upon receiving money for coals to bring it to the shop—I have never received 3s. 9d. from Mr. Smith, nor 1s. 6d. from Susan James, or anything from Elizabeth Grace.
Cross-examined by MR. DICKIE. Q. Do you take all the money yourself? A. No—sometimes my daughter does—she is my housekeeper—I have no wife—I keep books, but do not enter ready money transactions—I have a son, but he is out all day collecting orders—I will not swear that he never takes any money in the shop, but very seldom—I have other young children—I am not aware that they ever take money—they might take the money for a penny roll, but it is not usual for them to take money from customers—I made no entry of what the prisoner delivered or what he brought in—he can read and write sufficiently to book his bread—I have known him all his lifetime—he has been an honest, respectable man—he has been with me a year and a half.
There were two other indictments against the prisoner, for which, see Third Court, Wednesday.
WALTER BETTS (City-policeman). On the night of 8th November I was on duty in Gresham-street, and saw the male prisoner standing close to the door of Mr. Hawke, the hatter, and the female prisoner standing in front of him—I watched them for some little time—they walked away into Moorgate-street, and Finsbury-pavement—I then got another officer, stopped the prisoners, and asked what they had been loitering at the door in Gresham-street for—the male prisoner said he had been watching a young man and woman on the opposite side of the way, at a warehouse, the door of which was partly open—I asked him what he watched them for—he said he thought they were there for an improper purpose—the prisoners were then brought back to Mr. Hawke's house—I had some conversation with the servant on the opposite side—I then took them to the station—on going along Aldermanbury, near a court, the male prisoner said to the female, "You can go and do what you want, Elizabeth"—I said I could not lose sight of her—he said, "Oh, yes, you can, governor" and he jumped up at my throat, took hold of my scarf, and twisted it—I then took hold of him; a scuffle ensued—he called out to the female to make her escape—upon her endeavouring to do so I pushed the male prisoner on the top of her, against the wall, and stopped her—I called for assistance, which came—the female prisoner laid on the grating of an area and screamed violently—I heard something drop into the area—after taking her to the station I returned, and found in the area this jemmy, and these seven skeleton keys.
Robert Henderson. Q. Did you see me do anything to the door? A. No—there were some marks inside the lock.
WALTER BETTS (re-examined). I examined the lock next morning—none of these keys would open it—the marks on the lock appeared to have been newly made—some of the keys would go into the hole but would not open it.
Robert Henderson's Defence. On the 8th of this month my wife left me at home to go over the water to see an uncle; on her way home she met with a person who she had known for some time, who gave her these implements to mind. I met her in Gresham-street, but was not aware that she had them until we got into Aldermanbury.
Elizabeth Henderson's Defence. I met a party, and she gave me these, things—my husband knew nothing of it, neither did I know what they were.
ROBERT HENDERSON— GUILTY .**— Confined Eighteen Months.
ELIZABETH HENDERSON— NOT GUILTY .
PLEADED GUILTY .— Confined Six Months.
The prisoners father undertook to send him to sea at the expiration of his sentence.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
The prisoner received a good character.
PLEADED GUILTY .— Confined nine Months.
NEW COURT.—Tuesday, November 27th, 1860.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Six Months.
MESSRS COOKE. and POLAND conducted the Prosecution.
RICHARD STOKES (Policeman, A 257). I produce a copy of a conviction (Read: "Central Criminal Court, May, 1859. Ann Flaharty convicted of uttering counterfeit coin. Confined Nine Months). I was present—the prisoner is the person—I was in Mr. Morgan's shop seven or eight weeks ago—I was in plain clothes—I saw the prisoner there—Mr. Morgan said she had given her a bad shilling—she showed it to me—it was a bad one—I told Mr. Morgan that the prisoner had been previously convicted—the prisoner denied it, and said I made a very great mistake—the prisoner was allowed to go—Mr. Morgan gave me one shilling then, and I went afterwards, and she gave me four shillings more.
HARRIET MORGAN . My husband keeps the Gloucester Arms—I remember a woman coming to my house seven or eight weeks ago—I believe it was the prisoner—I served her with a pint and a half of beer in a jug—she gave me a shilling—I bent it, and fonnd it was bad—I told her it was bad, and I put it on the shelf—the last witness came in—I showed him the shilling—the prisoner was allowed to go—I gave the officer the shilling, and I gave him four other shillings about a fortnight afterwards—I had put that shilling on the shelf with some others—I can't tell which shilling it was—when the prisoner left she left her jug behind—the beer was put aside for her—she said she would fetch some more money—she never came back.
Prisoner. You said before that you could not say I was the person? Witness. I could not swear you are the person, but I firmly believe you are.
JOHN MAY . I keep the Royal Standard at Vauxhall Road—on Wednesday, 19th September, the prisoner came and asked for a pint of porter—I served her—the price was 2d.—she gave me in payment a shilling—I gave her the change, though I knew the shilling was bad—I kept it in my hand—I looked at it, and it was bad—I sent a person to look for a policeman, and they could not find one—the prisoner was not in a hurry in drinking her beer—I then detained her till a policeman came, and gave her in custody—I gave up the shilling at the station in Rochester-row—I had kept it apart from other money.
JESSE VARTER (Policeman, B 155). On 19th September, I was sent for to the Royal Standard, and the prisoner was given into my custody—at the station Mr. May put this shilling on a ledge, and I took it—the prisoner was taken to the police court—she was remanded and discharged—she gave the name of Mary Sullivan.
THOMAS RICE . On the afternoon of Wednesday, 17th October, I was in Orchard-street, Westminster—I saw the prisoner and a little girl standing together near the New-road—I went to Mr. Wheeler's shop, and while I was there, the little girl came in and asked for half a quartern of flour—she tendered a shilling to pay for it, which was found to be bad—the little girl was asked where she got it, and I went out with her, and saw the prisoner—the little girl pointed to her—the prisoner saw that, and ran away—I followed her, and a chase was given, and she was captured in Chapel-street—I ran after her about a quarter of a mile—I accused her of passing a bad shilling—she said it was not her—she denied any knowledge of the girl.
Prisoner. Q. Do you know the girl? A. I know her family—I don't know that they pass bad money.
CAROLINE WATTS . I live with my father and mother—I saw the prisoner—I did not know her before—she found me just at the comer of the ruins—she told me to go for half a quartern of flour—I said I must not—she said, "I will give you a halfpenny, and you won't be a minute"—she gave me a shilling, and I went—they told me the shilling was bad—Mr. Rice and I came out to see the woman—I saw her, and she ran away.
Prisoner. Q. Did Mr. Rice take it up, and look and say it was a bad shilling? A. Yes—I described the woman that gave me the shilling—I said you had had a brown bonnet on—I had seen you before in Peter-street.
SAMUEL GORDEN (Policeman, B 241). I took the prisoner after pursuing her for some time—when she was accused of giving the little girl the bad shilling, she said, "It is a mistake; it was not me"—this is the shilling I got from Mr. Wheeler—the prisoner gave the name of Ann Fogarty.
Prisoner. I said Ann Flaharty? A. No; I asked you twice, aud you said Ann Fogarty.
MR. COOKER. Q. She did not give the name of Ann Sullivan? A. No.
Prisoner's Defence. I know nothing at all about the girl; I never saw her in my life. I was down at the station-house, and the child said it was me, but it was a mistake. Mr. Rice took up the shilling and looked at it; he knows more about bad money than I do.
GUILTY .†— Five Years' Penal Servitude.
MESSRS. COOKE and POLAND conducted the Prosecution.
CHARLES CORNWELL . I am barman at the Queen Catherine public-house—on Thursday, 18th October, the prisoners came in together—Dooley called for a pot of beer, and Leary paid me with a bad shilling—I gave it her back, and Dooley then paid with a good sixpence; I gave her twopence change—they remained a few minutes and drank the beer, and shortly after Leary called for another pot, and she gave me another shilling or the same one I can't tell which—it was bad—I said, "It is no good trying to get rid of I them here"—I kept possession of that shilling, and Leary paid for the beer with coppers—I saw something pass from Dooley to Leary, and I saw Leary I pull a small tin box from her bosom, and take the lid off and shake the box—I could see there were some shillings in it, and I heard Dooley say to Leary, "Go and try to ged rid of them at some other shop"—Leary put her hand in her pocket and pulled out a spoon, and said, "How do you like this; will I this do"—Dooley said, "Go on, not so much of your Irish blarney"—Leary said, "Go on, what am I to do, have I not got rid of so many to-day," and I heard the word thirty-five—this conversation took place in the bar—I was wiping the counter, but I heard what they said—Leary went outside—I went out and saw a constable and spoke to him, and from what he said I went back to the bar, and while I was there another constable came in; Dooley was still at the bar, and the constable asked me in her presence if there had been anybody in the house trying to pass bad money—I told him, yes, there had; and he said, "Who are they?—I pointed to Dooley, who was standing there, as one, and I said the other was outside—I gave the second shilling to the constable, and then I went outside after Leary, and the first constable I had spoken to, took Leary in custody—both the prisoners were taken to the station, and on the way two shillings dropped from Leary and a piece of paper—the shillings rolled on the pavement and they were picked up by Harris.
Leary. Q. You gave me the second shilling back? A. No; I kept the last shilling and gave it to the constable, and he picked up two shillings in the street.
Dooley. Q. What did I ask for when I first came in? A. I remember now, you asked for half a quartern of rum, but I don't consider that that had anythiug to do with this.
THOMAS HARRIS (Policeman, K 383). I went to the Queen Catherine public house—I saw Leary outside, she was folding something up in her dress—I then went into the house and saw Dooley—some conversation took place, and I took Dooley, and I received a counterfeit shilling from the barman—I asked if any one had passed bad money—he said, "Yes," and pointed to Dooley—he gave me the shilling and said that was the shilling that woman had passed—Leary was outside—another policeman took her in custody—they went to the station in advance of me—I saw a paper and two shillings fall from Leary's hand—I picked them up—Dooley was searched by the female searcher—she said she found on her sixpence three farthings in copper, a good sixpence, and this file.
WILLIAM GAYLER (Policeman, K 303). I took Leary in custody—she was standing outside the Queen Catherine public-house in Ratcliffe—I laid my hand on her shoulder, and she said, "I know nothing about the money"—I had not said anything about money—I said to her, "You must go to the station with me"—she went some distance, and then she said, "I know
nothing about the money; Dooley gave it me to pass, and Dooley's husband makes the money"—as we were going I heard something fall on the ground—I turned round and saw something picked up by the officer—at the station I saw what was produced by the female searcher—two sixpences were found on Leary, and 5 1/2 d. in copper, this plated spoon, and this tin box—the searcher said she found them on Leary—Leary said the other woman gave her the money—I heard Dooley say at the station that she had not seen Leary before that day, and Leary said, "We both live in one house in Pye-street, Westminster."
Leary, in her defence, stated that she received the money from Dooley; and Dooley, in her defence, stated tliat Leary uttered the money.
LEARY GUILTY .—Recommended to mercy.— Confined Four Months.
DOOLEY— NOT GUILTY .
MESSRS. COOKE and POLAND conducted the Prosecution.
DANIEL DE LEVITE . I live in Whitechapel—on Sunday, 16th September, the prisoner came to me in Petticoat-lane; she bought a penny cake of me—she gave me a shilling and I gave her change, and she went away—I put the shilling in my pocket—I had no other shilling there—when I got home I found it was bad—I broke it and kept the pieces—on Sunday, 23d September, she came to me again, and bought a cake of me; she gave me a 4d. bit—I looked at it, and it was bad—I knew her again—I told her it was bad, and I said, "This is the second time you have given me bad money—you gave me a bad shilling"—she muttered something and went away—I kept the 4d. piece, and the same day I gave the shilling and the 4d. piece to the officer.
Prisoner. Q. You said it was another woman who gave you the shilling? A. No; I said that was the same woman that gave me a shilling.
JOHN DAVIES (City-policeman, 166). The prisoner was given into my custody in Petticoat-lane, on a charge of passing bad money—I saw a 4d. piece fall from her side and took it up—7 1/4 d. in copper was fouud on her—she gave a false address.
GUILTY .—Recommended to mercy.— Confined Four Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
ELIZABETH GATEHOUSE . I am in the service of Mr. Scott, a baker—on Tuesday, 16th October, the prisoner came into the shop about ten minutes to 7 o'clock—he asked for a penny loaf—I served him—he gave me a shilling—I tried it in the detector—I called Mr. Scott aud saw her bend it—she gave it back to the prisoner and told him he knew it was bad—she took the loaf off the counter, and the prisoner left with the shilling.
Prisoner. Q. Are you sure I am the man? A. Yes; I don't think you looked as if you were in liquor.
JANE RAITT . I live in the Broadway—on Tuesday evening, 15th October, the prisoner came in about a quarter past 7, he asked for half an I ounce of tobacco—it came to 1 1/2 d., he threw down a shilling—I gave him
change, a sixpence and the rest coppers, in good money—he left the shop—I went indoors, put the shilling on the table, and showed it to my husband—he bent it and returned it to me—I put it on the mantel-piece—on the same evening the prisoner came again—I knew him again in a moment—he asked for half an once of tobacco and tendered a shilling—I bit it with my teeth—I said, "This is a bad shilling, and this is the second time you have been to night—I must give you, in charge"—he black-guarded me and called me names and tried to get the shilling out of my hand—Berry came in the shop and that induced the prisoner to loose my hand—the prisoner tried to get away, and I came round the counter—there is a wire there to keep the children off—the prisoner caught in the wire, and I got round and seized him—he dragged me down the steps on my back—a policeman came up and took him on the spot—I gave the policeman both the bad shillings, and the policeman afterwards showed me some copper money and I recognised amongst them one halfpenny which I had given the prisoner before—it had been partly punched through, but not quite.
HENRY BEERY . I am an army accoutrement maker. On 16th October, I was in the last witness's shop—I saw the prisoner there, and I saw a shilling—the witness said it was bad, and it was the second time he had been there that evening, and she would give him in custody—the prisoner made a snatch at her hand to get the shilling—she ran round the counter and caught the prisoner—he tried to get away and she full on the flat of her back—the policeman come up and she gave him into custody.
Prisoner. Q. Were you in the shop? A. Yes, after 10 o'clock—I can swear you are the man—I was in the shop when you gave her the shilling—I was in the street after you got out in the street—I was not playing with any one outside in the street—I heard the witness call out, and I heard her say she would give you in custody, and she sent for the policeman—she did not drop the shilling in the street, it washer spectacles—I picked them up.
JOHN BUTCHKR (Policeman, B 109). I came up at the time Mr. Raitt was got up—the prisoner was about five yards away—he was charged with passing two counterfeit coins—I took him and found on him three sixpences, two half-pence, and one penny: no good money—I showed this copper money to Mr. Raitt, and she picked out this half-penny as one she had given the prisoner.
Prisoner. I was in liquor. Witness. No; you were sober.
Prisoner's Defence. I went for half an ounce of tobacco—this woman served me; I gave her a shilling; she said it was bad; I said it was more than I was aware of; she said, "I took a bad shilling to-night before, and I have no doubt you are the man;" I said she was mistaken; she said, "This man passed bad money, I will give him in charge;" I said it was a lie; she said that a man gave her a bad shilling and she gave it to her husband; I am blamed for another man; I am not a passer of bad money.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Eighteen Months.
MESSRS. COOKE and POLAND conducted tht Prosecution.
THOMAS YOUNG (Policeman, A 591). I produce a certificate of conviction (Read: "Central Criminal Court, January, 1855, Margaret Pike, convicted on lier own confession of uttering counterfeit coin. Confined Nine Months").—the prisoner is the person—I was present at the trial.
ELIZABETH TARLTON . I am the wife of William Tarlton, of Bellvue Terrace, Holloway—on 27th October, the prisoner came between 8 and 9 o'olock in the evening—she bought two articles which came to 9d. she gave me a half-crown—I tried it with my teeth, and said, "This is a bad one"—she said she was very sorry for it, but she knew where she took it—I gave it her back and she paid for what she had, in coppers, and left—I am quite sure she is the woman.
Cross-examined by MR. LLOYD. Q. I believe she bought a little gun? A. Yes, and another article.
ELIZA KEPPELL . My father keeps a dairy in Bride-street, Islington—we sell bread and eggs—on the evening of 27th October the prisoner came and bought a loaf four eggs; they came to 9d., she gave me a bad half-crown—I suspected it at the time and showed it to my father—he came with me to the shop—I then told the prisoner it was a bad half-crown, and she gave me another—my father asked her where she lived—she said at No. 17, down the road; and he said I will go and see.
Cross-examined. Q. How long was she in your shop? A. A very short time—when I went out ray father returned with me to the shop.
THOMAS PUGH . On Saturday evening, 27th October, my daughter brought me a bad half-crown—I came in the shop and saw the prisoner—I told her the half-crown was bad—she said she did: not know it—I asked her where she lived?—she said, "17, down the road"—I said I would go and see where she did live—she walked down the street and there was a child on the other side, sitting against a gate; on the opposite side to my shop—the prisoner spoke to the child and they went on together—I followed them, and as we were goitig along she said, "Let me go, I will give you half-a-crown"—I said, "No, I shall go with you and see whero you live"—we walked on to a cab-stand, and when she got to the middle of the stand she opened a cab-door, put the child in, and she jumped in herself, and she told the man to go on to Horeemonger-lane—I tried to prevent it—I told him not to go, slie had been passing bad money—she said, "Go on"—I went and took hold of the horse's head and called "Police"—the cab went on but I was near it and spoke to the officer—it went on slowly, he had but a few yards to go before he was stopped—a policeman came and I saw him open the cab door—the child was inside but the prisoner was gone—in about five or six minutes the prisoner was brought by another policeman—she had no bonnet or shawl on then, but she had when she got in the cab—I gave the policeman the half-crown which my daughter gave me.
Cross-examined. Q. Do you say you were watching the cab? A. I was close to the horse's head—I did not see the prisoner get out—she got out on the other side.
JOSEPH SWAN (Policeman, A 440). I was on duty in the Holloway-road on 27th October—I saw the last witness at the head of the horse, and from what he said I stopped the cab—the door was fast; I opened it and found in it a child about eight years old—I did not see the prisoner, but in a few minutes she was brought by another policeman with her bonnet and shawl in her hand—she was given in charge for passing bad money—I took her to the station—she gave her address in Horsemonger-lane—she gave the child a key which I took possession of—I went to No 7, Devonshire-street, Southwark,
and with the key I unlocked the door of a kitchen, and in a drawer I found several keys—one of them unlocked the door of a bed room; in that room was a 'mantel-piece aud on it this Bible, in which I found this counterfeit half-crown, and in a cupboard this bottle of liquid and this tin box—the prisoner gave up her purse in which was 9s. good money, and she had 8d. in copper.
Cross-examined. Q. Where was it she gave the child the key? A. At the station—I found by the child where she lived—I went with the cab to Horsemonger-lane—the prisoner said she lived there.
RICHARD SLAUGHTER (Policeman, A 411). On Saturday evening, 27th October, I was on duty—I saw a crowd round a cab—I went up to Highbury-crescent and saw the prisoner at the door of a house with no bonnet or shawl on—I said, "What do you do here?"—she said, "I live here; I am a servant"—I took up her dress and she dropped a shawl and bonnet from under her dress—she took them up—I said, "Is that your shawl?"—she said, "Yes"—I said, "I want you; you have left a child in a cab"—she said, "No, I have not"—I said, "You have been passing bad money"—she said, "I paid good money"—I took her back to where the cab was and she was given in custody—I heard by a by-stander, I don't know who, that she was wanted—there was no other woman is the Crescent but her.
ESTHER HOLMES . I and my husband are occupiers of a house, No. 7, Devonshire-street, Southwark—the prisoner occupied the kitchen and the back parlour—she came there on 7th August—I was with the policeman when he took a Bible from the mantel-piece—a half-crown fell out of it—that was the room the prisoner occupied—the little girl lived with her.
GUILTY .— Four Years' Penal Servitude.
MESSRS. COOKE and POLAND conducted the Prosecution.
JANE BENNETT . I am the wife of John Bennett, who keeps the Victoria beer-shop, North-mews, Highbury—on 24th October I was standing in my shop and the prisoners came together, with two women, between half-past 7 and 8 o'clock—Gearing asked for a pint of porter—I served him—they all drank the beer and when it was nearly drank Gearing gave me a shilling to pay for it—I kept that shilling in my hand, and at that time Smith put a quartpot across the counter and asked me to fill it—I drew the porter and he gave me a shilling to pay for it—I put that shilling in my mouth—I then gave the 10d. change to Gearing for the pint of porter—I had the shilling that Gearing gave me in my hand—I then bit the shilling that Smith gave me and it was bad—I went out and tried both the shillings—they were both bad—I went and fetched Mr. Walter, a neighbour, and left him in my house while I went to fetch an officer—I came back with the officers and the prisoners were there—I gave them both in custody, and I gave the two shillings to the officers.
Gearing. Q. What did you do with the shilling I gave for my beer? A. I had it in my hand—the women came in in less than two minutes after you.
WILLIAM JARVIS (Policeman, S 136). I was sent for to the Victoria beershop—the two prisoners were given in custody—I took charge of Smith and took him to the station—he was rather violent, and said he would not go
with me nor with any one else, and he got hold of the rails—but I got him away from them and then he went—another officer took Gearing—I produce two shillings which were given me by the witness.
THOMAS WALTON (Policeman, S 421). I searched the prisoners at the station—I found one good shilling on Smith, and on Gearing a sixpence and 4d.—they were asked their address, and both said they had no place of residence.
Gearings Defence. I am an innocent man. I sat from 20 minutes to half an hour after she gave me the change, and had I known it waft bad I should have walked away. I work hard for my living, and as to this man, I never saw him in my life before.
GEARING— GUILTY .—.
SMITH— GUILTY .
Confined Nine Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
ELIZABETH NIBBS . I keep the Tavistock Arms. On Wednesday night, 7th November, the prisoner came a little before 9 o'clock, he asked. for 1 1/2 d. worth of gin—I served him, he gave me a shilling—I saw it was bad—I sent for a constable and gave him in custody.
Prisoner. Q. I asked for gin and water? A. You asked for 1 1/2 d. worth of gin, and when you saw I noticed the shilling you said, "I will have a little cold water with it"—I had taken a bad shilling the night before, but I can't say it was from you.
WILLIAM PRATT (Police-sergeant, E 45). I went to the Tavistock Arms and took the prisoner—I produce this shilling which was given me by the witness—I found in the waistcoatpocket of the prisoner this other shilling, wrapped in tissue paper—I found on him three shillings, one sixpence, and 2 1/4 d. in copper, all good.
Prisoner's Defence. When I left home I had two half-crowns and two shillings. I conceived that one of the shillings was bad, and that was in my pocket; I could not give it to any one. I hope you will take a lenient view of my case; it is the first time I ever was taken in custody.
GUILTY .— Confined Six Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
THOMAS FREDERICK BECKETT . I keep the Black Horse in High-street, Southwark—on Friday, the 2d of November, the prisoner came about half-past 3 o'clock—I served him with half a pint of ale—the price was a penny—he gave me a shilling; I looked at it and found it was bad—I broke it with my teeth, and told him it was bad—he said, "Is it?"—I said, "Yes," and I asked him where he got it—he said he did not know—I gave him and the shilling to a constable—he was taken and remanded, and discharged a week afterwards.
SAMUEL BARTLETT (Policeman, A 475). I took the prisoner on 2d November, at Mr. Beckett's, who gave me this shilling—I took the prisoner to the police-station—I found on him one penny—he gave his name John
Bailey, but refused to give any account of himself—he was taken to the police-court and remanded, and discharged on the 7th.
WILLIAM BRADLEY . I am errand boy to Mr. Weeks—on 16th November, the prisoner came to his shop and bought some tea and sugar which came to 4d.—he gave me a half-crown; I gave it to Mr. Weeks—he spoke to the prisoner and told him it was bad, and he gave him in custody.
WILLIAM WEEKS . The last witness gave me a half-crown—I saw the prisoner there—I told him the half-crown was bad, and I asked him if he had any more—he said no, he had not—I asked him where he got it, and he said he did not know—I gave him in custody and gave the half-crown to the officer, first marking it—I asked the prisoner where he lived, and he said at Bow.
GUILTY .— Confined Six Months.
OLD COURT.—Wednesday, November 28th, 1860.
PRESENT—The Right Hon. the LORD MAYOR; Mr. BARON BRAMWELL; Mr. JUSTICE BYLES; Mr. Ald. HUMPHERY; Mr. Ald. ROSE; Mr. Ald. COUNDER; Mr. Ald. ABBISS; and ROBERT MALCOLM KERR, Esq.
Before Mr. Baron Bramwell.
MESSRS. SLEIGH and POLAND conducted the Prosecution.
MARIA MEAD . I am the wife of James Mead—he is a labourer, living at Hammond's-cottages, Lea-bridge—I know the prisoner, she came to live with me—I don't know what day of the month she came—I think it was about two or three months before she was confined, as near as I can judge—after she had been with me about two months she was delivered of a male child, at my house—Mr. Brook, the surgeon, delivered her—she continued to live at my house until the 28th of August—she lived there till 27th with the baby, and went away on 28th herself—before she left, I used to wash and dress the child—it was a very healthy child—I noticed a mark on its little navel, it was a sort of mark of a finger or thumb—red—it was what is called a mother's mark—on 27th August, between 11 and 12 in the morning, the prisoner went out with the child—she said she was going to meet her sister at Paddington station, for her to take the child down into the country to bring it up for her—she said it was a sister-in-law, her brother's wife—she did not tell me where she lived—I washed and dresbed the child that morning—it was then quite well and in good health—it was dressed in a little spotted dress, and flannel petticoat sewn with black cotton, and little worsted shoes (looking at some clothes produced by the inspector)—this is the dress she took the baby away in; this is the flannel petticoat; I tacked it with black cotton myself the morning they went away; it is on it now—this pinafore is marked B., the child had it on;—I did not mark it—these are the shoes, they had but this one button on
when I put them on, just as it is now; and this veil it had over its little face when she took it out, and these ribbons are what I tied its little sleeves up with; all these things the child had on on the morning of the 27th—I was at home when the prisoner left the house—I think she took two night-gowns with her besides the child, she said she would.
COURT. Q. Do you mean two night-gowns belonging to the child? A. Yes; she said she would, but I do not know whether she did—I took no notice.
MR. POLAND. Q. On that night did you go to bed before she came back? A. Yes; I heard her knock at the door between 11 and 12 o'clock—my husband let her in, and she came to my bedside—I asked her whether she had met her sister-in-law—she said, "Yes," and she had sent her child down into the country with her—she cried very much—she did not bring back the child with her—I do not think she said anything more that night—next morning she said she was going to send her things down to her sister-in-law's—she brought a strange basket with her, and she said she was going to send the remainder of the baby's clothing down in the basket her sister-in-law had given to her—she did say where her sister-in-law lived, but I did not take that notice—it was some place in Somersetshire—I saw the basket the next morning; this is it (produced)—the prisoner left the house on that evening between 6 and 7, after my husband came from work—she said she was going to her place, her service; she told me where it was, but I do not recollect—the direction was on her box—my husband saw the direction—I can't read—she left a little after 6—I did not see her again till she was taken into custody—before she left, on 28th, she gave me this little frock for my baby—she said she would leave it for the baby, she would not send it down, because it was not good enough, and she washed it out and gave it to me that morning—she said that her sister-in-law had brought up a little warm stuff dress, and a pelisse to wrap the child up in, and she gave me this frock—she washed it and gave it to me—I did not see these other clothes until after the prisoner was in custody; they were shown to me by the officer—about a month before the child was taken away from the house, as near as I can judge, it was vaccinated on the left arm—the mark had not quite healed when the prisoner left on 28th. On 19th September, I went to the privy at the back of the house; it is about six or seven yards from the house—you go along the garden to it—there is a man's shed behind it, another water-closet, but they do not touch each other—there are open fields beyond that, back and front—there is a wooden fencing—persons can get to that field at the back from the high road, and a person could get from the field into the garden, so as to go to the privy, without any difficulty—it was between 10 and 11 in the morning when I went to the privy—I saw there the body of a male child; it was lying with its legs upwards, and opposite the door as I went in—it was covered over with mess, all but the legs, I could see them—I had used the privy before, since the prisoner left, but I never noticed anything before—when I saw it, I sent for my husband and a police-constable, and they came and got the child out—it was quite naked and the left arm was off, just before you get to the shoulder—I did not notice any mark on that day—I next saw the child before the jury—the arm was taken off higher up than where the vaccination mark was on the prisoner's child—when I saw the body at the inquest, I noticed a mark on its navel—it was a similar mark to that which was on the prisoner's child—the child looked very much like the prisoner's child—the prisoner said she had named the child William Augustus Bryant—that was the name it was
called at my house—I had not been out on the day the child was found—prisoner did not call at my house during that day.
Cross-examined by MR. BEST (with MR. PALMER). Q. She lived with you some time you say, after she gave birth to the child, what was her conduct to the child? A. She behaved like a mother to it while with me; she seemed to be very fond of it—she always dressed it herself and attended to it—tbat conduct continued up to the day when I last aaw her with the child—she had two dresses for the child, a change of dress—when she left, there was nothing left behind in the dress line, except this one—I saw her when she left the house—she had wrapped the child in a shawl—she had no basket with her when she went away with the child—she came to my bedside when she returned in the evening—she felt very vexed in parting with her child; she fretted a very great deal; she seemed sorrowful and melancholy—she left on the following evening—she fretted a deal that day—she first said it was her sister that was going to take care of the child; and afterwards she said her siater-in-law—she said her sister could not come—I saw her washing the dress; it was on the morning of 28th—I saw the body two or three times—it was in a very decomposed state—I did not recognise it particularly the first time—I said I thought it looked a great deal like the child—I would not venture to swear now that it was her child.
MR. SLEIGH. Q. But on your seeing the body of the child did it present to you the satne appearance as to size? A. Yes; and its features were just as the child was when I saw it taken away alive; and the mark that I saw presented to me all the appearance of the mark that had been on the living child—I remember the position where the mark was on the living child, the exact spot—the mark on the body of the child I was shown appeared to be just in the same place—I cannot read writing—I have seen the prisoner write—this letter (produced) looks like her handwriting—I received a letter from her after she left me; it came to me by post—this looks like her handwriting—my husband can tell you, because he read the letter—I do net know whether it was a week or a fortnight before I received this paper that she was taken in custody—it was between that—my husband read it to me when I received it.
JAMES MEAD . I live at Lea-bridge, Homerton—the last witness is my wife—I remember the prisoner going away from our house on 27th August—I was not at home when—she went away—she came home at night between 11 and 12—I had gone to bed—I got up and opened the door—I found the prisoner there—she had a basket with her—I did not see anything else—she had no child with her—on letting her in I asked her whether she had taken the child to the station—she said, "Yes"—she said that her sister had taken it down to Somersetshire—she said nothing else that night—she went to bed, and so did I—the next dayrshe said she was going away herself to Notting-hill, as a servant—on 19th September, in consequence of being sent for, I went to the privy of my house—there are open fields behind it, and anybody could get to it without any difficulty—with the assistance of a police-constable I took out from the soil the body of a male child.
COURT. Q. Are the fields open fields? A. No—they are fenced all round, but it is a very low fence.
JURY. Q. How high, two feet high? A. In some places four feet, and in some places not above two-and-a-half feet—you could easily step over, or get underneath them; they are not close railings.
MR. SLEIGH. Q. Are there any gaps in that fence? A. Yes—I should say for about fifty yards all along a person could get underneath—I bad seen the
prisoner's child repeatedly during its lifetime—I thought the child found looked very much like it—since then I have had the privy emptied myself but have not been able to find the arm—I have seen the prisoner write—this letter is her handwriting—I remember it arriving at my house by post—I should think it was about eight or nine days before she was taken into custody—(letter read) "My dear Mr. Mead and Mr.—I am sorry to tell you that I was locked up in the station-house all of Tuesday night—when I got out of the bus he asked for my fere, 9d.; I told him I had 6d.—he went and fetched a policeman to me. I am living at Mr. Barnes', in the Hamp-stead-road, near Chalk Farm—my dear Mr. Mead I am just going to get a day to go to Brighton with the family that I am living with, so I cannot tell you where to write to me till I write again, and I will write to you as soon as I can; I shall never forget you, nor forsake you—I have not had my clothes off since I left your house. I cannot write any more now, as I mnst go; I will write a long letter to you then; good bye."—After the receipt of that letter I read it to my wife—we did not receive any other communication from the prisoner, or hear, or see anything of her till she was in custody.
Cross-examined. Q. You let her in, you say, at night, when she came home? A. Yes—I did not notice her dress at all—I did not see whether there were any marks or spots of blood on it.
MR. SLEIGH Q. I suppose you did little more than just let her in, and say those words, and she went to her room, and you to yours? A. That was all.
THOMAS GEORGE BROOK . I am a surgeon residing at Clapton. I knew the prisoner when she was living at Mr. Mead's—I delivered her of a male child on 26th June, and attended her during her confinement—it was a fine, full-grown child, and in very good health—I vaccinated it on 11th August, on the left arm, near the shoulder—I saw the child again on 18th August—it was to be brought to me that morning, and from its not coming I went down in the evening and saw it, and took some lymph from it—the wound had not healed at that time, there was a beautiful vesicle, finely formed—I think that was about the last time I saw the child—if I did see it again, I don't recollect it—it was in very good health on 18th August—I saw the child after that, when it was taken-from the privy, I was sent for to examine the body—I saw that the left arm had been removed above the place where I had made the vaccine mark—being a very fine grown child, had I not delivered her of it I should have supposed it to have been about three months old—I cannot say positively from the examination of the child whether it was the same child; it was so greatly decomposed, and the muscles of the face were so swollen, I could not recognise it—I did not make the postmortem examination.
COURT. Q. "It was so decomposed I could not recognise it"—have I got your answer correctly? A. Exactly—I did not see the mother's mark that has been spoken of—I was uot aware that the child I delivered had a mark on its navel—it was very late at night, and I made no special examination—I discovered no mark—I did not make any special examination when the child was discovered—it was so decomposed I could not have seen anything.
JURY. Q. We rather understood you to mean that you made no examination at the time of birth, do you mean then? A. At the time of the birth I made no special examination, I observed no mark then I merely delivered the child.
COURT. Q. When the body was discovered did you make any particular examination of it? A. I did, but observed no marke any particular examination of it? A. I did, but observed no mark; I could not, it was so
decomposed—I cannot say whether there was or was not a mark when it was discovered.
HANNAH WILLIAMS . I am the wife of John Williams—in July and August last we lived at 1, Hammdnd's-cottages, Lee-bridge—I knew the prisoner at that time—I lived next door to Mr. Mead's—I remember the prisoner being confined of a child, and Mr. Brook attending her—I, as a next door neighbour, attended too—I was present when the child was born—for the first week I nursed and washed it—it had a mark on the right side of its navel—it was a kind of fruit or jam mark, or something of that sort—it was a finger mark, about the size of a shilling, what is called a mother's mark—I saw the body of the child down the water-closet, and after it was taken out—I believe it was the body of the same child—I saw a mark on the body of the dead child; it was in the same place as the mark on the living child—I believe it was the same.
Cross-examined. Q. You saw the body more than once, did you not? A. Yes—I could not recognise the mark at all, until after the fourth day—the body was in a very decomposed state—I do not speak to any of the features, or anything of that sort, nothing at all—I have not attended persons in their confinement before—I have seen a good many of these marks before, and have been with persons that have been confined—the mark does not usually occur about that place; some are in different places—I have seen some there; a similar sort of mark to this—I saw the mark when I saw the body of the child on the jury, and recognised it—that was not the first, time I saw the body—I saw it taken out of the water-closet, and of course I recognised the child then; I recognised it by its features—it was in a decomposed state—I could recognise the shape of its head and face, the decay was not so bad but I could discern what it was.
HANNAH THAKE I am the wife of Cuthbert Thake, a labourer—I live next door to Mr. Mead—I knew the prisoner by being at Mr. Mead's—I remember her being confined, and I saw the child about three days after the confinement—I noticed a mark on its navel, similar to the print or pressure of a thumb—I was called to see it at Mr. Mead's, when Mr. Williams was dressing it—when the child was found in the privy I saw the body, from the distance of Mr. Mead's back door, not to examine it—I did not afterwards see it before the coroner—I saw the child's stomach—the stomach that was shown to me had a mark on it, by the navel; it was similar to the mark on the prisoner's child, only it was larger and not the same colour—it was in the same place—the coroner showed me the stomach.
Cross-examined. Q. Had you learnt from some of your neighbours that the body of this child had been examined, before you went to see the stomach? A. No, I had not heard that Mr. Mead or Mr. Williams had been up before the coroner on this inquiry, before I was shown the stomach—I saw Mr. Mead after the body was found—I was present when the baby was pulled out, and I saw it down the closet before it was pulled out—when the coroner sat I saw it—I wag up at the police-station but I did not see it there; not at Worship-street, because I did not wish to see it—I was there with Mr. Mead and Mr. Williams—they were examined when I was there—I did not hear Mr. Mead give her evidence; I was outside—I saw her afterwards—I did not talk to her about the body of this child—I am not aware that I talked to her about what she had been saying, and about the appearance of the child—we of course spoke a great many times about finding the body.
Hill Ferry, Upper Clapton—I knew the prisoner in the summer of this year—Mr. Mead is my brother-in-law—I have seen her at his house—I met the prisoner on the evening of Monday, 27th August, between 9 and half-past, at the corner of Dalaton-lane, that is about a mile and a half from my brother-in-law's—she had a very large bundle with her; she was carrying it as if she had a child in her arms—she was using both arms to carry the bundle—she was coming towards Clapton, going towards my brother-in-law's.
Cross-examined. Q. Did you notice how she was dressed at all? A. No; it was dark, I could not see that.
ELIZABETH DEAN . My husband lives at High Hill Ferry—I know, the prisoner—I saw her on the evening of 27th August at twenty minutes to 10 in Back-lane, Clapton, a quarter of a mile from Mr. Mead's—I spoke to her—she was carrying a very large paper parcel—she spoke to me first; she said she had been to take her child into the country, and she was going to service on the next day, that was all; she was going towards Clapton, that is towards the Mead's.
Cross-examined. Q. Have you been examined before? A. No, this is the first time I have given this evidence.
MARY PADFIELD . I am the wife of George Padfield who resides in Somersetshire—the prisoner is my sister-in-law—I had not heard from or seen her in the course of the present year at any time before August—I never saw her during the present year until after I saw her in custody—I have not had any correspondence with her or any communication with her during the present year—I did not know she had had a child—the prisoner's mother is alive—she has no father.
COURT. Q. Did you ever receive a child from the prisoner? A. No—I never saw the child.
Cross-examined. Q. Do you know her mother? A. Yes—I know her mother—she has one sister.
MR. SLEIGH. Q. Where does the sister live? A. At Clandown; that is about two miles from where I live—I am in the habit of seeing her frequently—I saw her in the course of August, this year—she had no child that she took care of, that was not her own.
ELIZABETH MILLER . I am the wife of George Miller, a plasterer, living at 12, Beaumont-place, Shepherd's-bush—I know the prisoner—I have seen her at Mr. Drake's, her recent master in Lansdown-place, Notting-hill—she was a servant there—I knew her by the name of Ann—no other name—I knew her in service there about three weeks before she was taken into custody; I remember her being taken into custody, but I cannot say what date it was—I had a conversation with her on the Saturday before she was taken into custody—I saw her at Mr. Drake's, in the kitchen—we were sitting at dinner—she seemed very low spirited, and she cried very much—she said she knew a young woman that had a child, between two and three months old, that she supported it as long as she was able, that she had a situation to go to, and the day before she went to this place, she took it in a field and gave it poison; and kept it on her knee until it died; she then brought it home at night, and put it down a closet—I asked her what kind of closet it was, that the body did not stop it up—she said it was in the garden—she also said the young woman's name was Emma Padfield—I did not know her name was Padfield at the time—she told me that of her own accord—she said she had something in her box which reminded her of the child—she said there was not a soul knew about it but herself—there was no one but ourselves in the kitchen at the time—she was crying when she told me of this.
Cross-examined. Q. Were you talking to her at all before she made this statement? A. No—we had no conversation about any one or anything—I she began crying, I asked her what was the matter and she told me—I did not make mention of this statement to any one till the Wednesday after she was taken into custody—Mr. Drake told me on the Thursday morning as she was taken in custody at night, what she was taken for—she did not tell me the particulars about it—I then told Mr. Drake about what she had said to me, but I did not think it was her at the time she told me, I did not know it was—I believe I have told you the same to-day as I did before.
Q. Have you ever said before to-day what you told us at the end of the conversation—not a soul knew about it, but herself? A. No; I have not I said that before—I did not remember it—I thought about it after I was before the Magistrate the last time—this is the fourth time I have been here—I was examined three times before I thought of this.
MR. SLEIGH. Q. You say four times, do you mean you have been examined in court four times? A. No, this is only the second, time I have been examined—I have been here four times.
ELLEN WEBSTER . My husband's name is William Thomas Webster—he is a labourer living near Lea-bridge—I knew the prisoner while she was living at Mr. Mead's—I remember her having a child while she was there—on 19th September, I was out in Lower Clapton in the afternoon between 3 and 4 o'clock, and I met the prisoner in Back-lane—she was on the opposite side of the way, and she came across and asked me how Mr. Mead was—I said Mr. Mead was in a great deal of confusion—she asked "What on," and I said they had found a baby down'Mr. Mead's water-closet—she said she was going to see Mr. Mead, and I said "Do"—I did not say in what state the child was found—I told her the baby's arm was off—she said she was going to Brighton—she said she had come from Brighton and was going to Brighton again—when I parted with her she went towards Mr. Mead's.
ANN PRESTON . I am single—Mr. Mead is my sister—I knew the prisoner when she was living at Holloway, at Mr. Bryant's—I sent her to Mr. Mead's when she left Mr. Bryant's—on 19th September I was living at 33, Park-road, Islington, in service there—the prisoner called on me on that day, I think about half-past 2 in the afternoon as near as I can judge—she said she did not live at Notting-hill then, she only lived there ix days, and she was going to live at Brighton—I asked her where her child was, and she said she could not tell me—she said her troubles were more than she could bear—she had sent me a letter with her address on an envelope, and when she came and saw me she said it was the wrong address, and asked me for the envelope, and I fetched it and gave it to her—this (produced) is it—I have not got the letter—I gave her back the envelope—it had the address on it of Mr. Drake, Notting-hill—she gave me no other address—she said she was going to live at Brighton; but did not say where—she said she would send me a letter after she got there—she was taken in custody in the evening—I had known her altogether about two years, living all that time at Mr. Bryant's, in service.
Cross-examined. Q. She was a kind, good natured girl, was she not, during the time you knew her? A. Yes—she seemed very so—I have mentioned before to day about the question I put to her as to where her child was—I first mentioned it at Worship-street, I think—I mean I mentioned it to the Magistrate—I have made no mistake about that—the address that was, on the
envelope that she sent me to enable me to write to her was, "Mr. Drake's, Notting Hill."
WILLIAM BOWLER . I am inspector of the N division of police—from information that was communicated to me on 19th September last I went to the cottage where the Mead's live, and there saw the body of a child—on the evening of the same day I went to Mr. Drake's house, 13, Lansdown-road, Notting-hill—on going there I saw the prisoner—she opened the kitchen door for me—I asked her if Mr. Drake lived there—she said, "No"—I said, "Who does?" and she said, "Mr. Warren"—I asked if Mr. Warren was at home—she said, "No"—I said, "Is Mr. Warren at home?"—she said, "No"—I asked if there were any other servants in the house besides herself—she said, "No"—I asked her if she knew where Mr. Warren was gone—she said he was gone to a supper party—I then said, "What is your name?" and she said, "Ann"—I said, "Ann what?" she said, "Ann Bryant"—I said, "I think I have seen you before; I think I have seen you at Hackney"—she said, "You may have"—I said, "Your name is Emma Padfield"—she said it was—she went by the name of Emma Padfield at Lea-bridge, and I was instructed to take Emma Padfield iu custody—I said, "Your master is at home, and I must see him"—she took me into the house, and she said, "If you want master you must ring the bell"—I put my hand up to the pull—she said, "You don't want me any more"—I said, "Oh yes, you must go up stairs with me; I want to see your master, you must take me to your master"—we went up stairs—the master came out, and said to the prisoner, "Who is this man? who is this man?"—I had a plain overcoat on at the time, and I unbuttoned my coat, and said, "Sir, I will show you who I am; I am an inspector of the Metropolitan police, and I come to take your servant into custody"—I said, "If you will oblige me by going into a room I will tell you what I want to take her for"—I went into a parlour with the master and mistress and the prisoner—I then told the prisoner that I was come to apprehend her on a charge of murder, for killing her child at Lea-bridge—I also said, "In the presence of your master and mistress I caution you, I don't wish you to make any statement to me, or answer any questions I may put to you; if you do it will be taken down and use; if against you at your trial, if you are sent for trial"—she then said, "I know nothing about it"—I said, "You were delivere of a child in June last at Lea-bridge"—she said, "Yes, I was"—I said, "What has become of that child?"—she said, "The friends of the young man, the father of the child, have taken it away to keep it"—she did not mention any names—I said the body of a child had been found in a water-closet at Lea-bridge, and it was supposed to be the body of her child—she said, "I have been in great distress; I have even wanted bread, but indeed I did not do it myself"—I went into the kitchen with her to collect her things together, previous to bringing her away, and she said, "If you take me away I will let it all out, for the father of the child has behaved very cruel to me"—I then brought I her in a cab to Hackney police-station, and charged her with the murder—I asked her on the road to the station the name of her child, and she said, the name of her child was Augustus—I asked her what her name was, and she said, "Ann Padfield"—this frock was given to me by Mr. Mead, the second day after the prisoner was in custody—these other things I found in her box—I have retained them in my possession ever since—the frock I let Dr. Gay have, but I put a mark on it at the time, and know it to be the same—I also produce a basket—I received that from Mr. Drake's residence, Lansdown-place, Notting-hill—there was nothing in it when I found it.
Cross-examined. Q. No blood at all on it, or anything of that kind? A. None whatever—I have been in the Metropolitan police about twelve years, and was a policeman before I joined it—I have inquired about her character, and every one speaks well of her—I have been twice into Somersetshire to make inquiries, and every one there spoke well of her.
MR. POLAND. Q. Do you produce two letters which were found in his box? A. I produce a number of letters—these are marked 1 and 2—I have also I the certificate of the child's registration. (This was a certified copy of the registration of the birth of William Augustus Bryant, the son of Frederick Bryant, general labourer, and Emma Bryant, formerly Padfield, on 27th June, 1860.)
FREDERICK BRYANT (Senior). I live at 6, Holloway-place, Holloway—the prisoner was in my service as servant in the name of Ann Padfield, I think for about twelve months—she left iu the month of November, last year—she was not in the family way then to my knowledge—I am not able to say that—I learnt since these proceedings that she had been confined—I knew nothing at all about her child—I never uudertook to take charge of it—I have a son of the name of Frederick.
Cross-examined. Q. She was in your service about twelve months, I believe, and conducted herself with great propriety during that time? A. I know nothing to the contrary.
FREDERICK BRYANT . (Senior). I live with my father at Holloway—I am eighteen I years of age—I knew the prisoner when she was in my father's service—I learnt after she had left that she had been delivered of a child—I did not I undertake to take charge of the child—I did not know what had become of it, or anything about it—this letter. produced by the officer is in my handwriting—there is also another one in my handwriting—(Read) "July 23d, 186O. Will you meet me in the Liverpool-road, near the stables next Friday, at 9 o'clock, when I will give you the 1l. if you will bring the doctor's certificate, but not without; I was there last Friday, but did not see you; bring the certificate. Signed, Thomas Wright." "I have sent you a post-office order for 1l., as I thought you would be disappointed if I did not send you, as I promised. The other 1l. I have not at present, but will send you in about another fortnight; please let me know whether I you receive this all right; you can address as before to the post-office at Highbury. You must write your name on the order; I have told, them Emma, as I did not know what your real name was, so you must mind anfl write Emma Padfield, and then go to the office at Lower Clapton, where they will pay you. Yours, &c., Thomas Wright. P.S. You must mind and write Putfield, not Padfield, as by accident the order was made out in the name of Putfield, or else you will not get the 1l."
MR. POLAND. Q. You say those are in your handwriting? A. They are.
JOHN JEFFEREYS . I am the registrar of births for the district of Hackney—I have my registry here—I have here the entry of the registration of this child—Emma Bryant registered the birth of that child—the mark was made in this book, and certified by me—I remember the prisoner as the person who registered, I made all the entries in this book, precisely, from what she told me—the child is registered as legitimate.
Cross-examined. Q. What is the date of the registration? A. The 7th of August.
JOHN GAY . I reside at 10, Finsbury-place, South—I am a Fellow of the College of Surgeons, and surgeon to the Great Northern Hospital—on 22d September, at the request of the coroner, I made a post, mortem examination
of a male child, at the Homerton workhouse—the body was considerably bloated and discoloured—it was apparently the body of a fine, well developed child—I could not exactly tell its age, but from the circumstances attending my examination, I could do so nearly—the head was very much bloated, and the body also, but not so much so as the head—it was of a livid colour, but in parts it had been stained by the soil of the privy—the livid colour arose from the stains of the soil to a great extent, it was not from decom-position or putrefaction—the eyes were considerably protruded, not sunk in as is usually the case with dead persons—the ears and the nose were compressed, as were also the lips—the nose appeared to have been violently compressed—the tongue was swollen and livid—the tissues of the mouth were far gone in decomposition, and eaten by maggots—the gums had separated readily from the jaw—the left arm had been removed within about an inch of the shoulder joint—the wound of the integuments was jagged, it appeared to have been cut by a moderately sharp instrument—the surface of the stump was considerably decomposed, and also maggot-eaten—it was a conical wound slanting from the skiu to the bone—the bone had, been apparently broken across about an inch below the head of the bone, and was splintered against the chest—the large artery was but very slightly contracted at the orifice, and contained no blood—there were three cuts through the skin, within a very short distance of the edge; one towards the chest on the inner side, and two on the opposite side—those cuts were parallel with the edge of the flaps of skin in each—the amputation was by a circular incision, and in a line with that incision were these cuts, parallel to the edge of the skin—I did not see the arm, it being lost, but the edges of the skin remained—each of them were five-eighths of an inch in length, and they gaped but very slightly—the left side of the chest contained a quantity of bloody fluid—both lungs were extremely solid and shrunken, and of a deep livid colour—the right lung sunk very readily into water, and, as far as I could judge, was entirely free from air—a portion of the left lung sunk half way, it was about the same specific gravity; it sunk slightly, but did not fall to the bottom of the vessel—on examining the ribs, I found that the second rib was cut through at the angle, which was against the I wound made in the amputation of the arm on the left side—the heart was I rather flabby, that might have been from the post mortem changes, and with the vessels, was empty of blood, but the tissues were blood-stained—I then proceeded to examine the abdomen—the mucous membrane of the stomach was of a deep livid colour throughout, and the stomach itself contained a little mucus—in the upper intestines there was a little food and I think some milk; and in the lower intestines, focal matter, the usual contents—the liver was very much congested, and of a deep purple colour—it was also shrunk, as well as the lungs—I examined the brain—the scalp had separated from the skull in consequence of decomposition—on cutting through the scalp at the back of the head, I found a little extravasated blood—the bones of the skull had separated from each other from decomposition, and the two parietal bones over-lapped each other very considerably—the brain was reduced to a pulp—my attention was called to the skin, by the coroner, and I took a portion of the skin of the abdomen, and put it in some river water—I found that that took out the livid marks, and left behind a mark on the right side of the navel—that mark was of a conical shape, the point of the cone being about an inch to the right of the navel, and from thence it took its course downwards and rather outwards, slantingly—it was about three-fourths of an inch broad at its broadest part, and about an inch and three
quarters long—I subsequently examined the jaws—they contained five milk teeth, and the rudiments of the permanent molar teeth—the milk teeth had not been cut—they were within the jaw—the mark on the abdomen was a discoloration of the skin—I believe it to be a congenital mark—that is sometimes developed after birth, generally within a few days after, but that is very uncertain—it was a peculiar mark—it was a simple discoloration, not a number of blood vessels as is sometimes seen—there was nutriment in the stomach—some of the conditions of the body, I think, might have been due to post mortem changes, such as the state of the skull, the alight extravasation of blood at the back of the head, and the colour of the stomach, but I do not think the state of the lungs could have been the result of post mortem change—my impression was, that the child died from asphyxia, suffocation, whether caused by compression or by drowning, I could not undertake to say—the compression of the nose and lips might possibly have I been caused by the body having been, at some time after death, in contact with some unyielding substance—I did not find any trace of disease in the heart, lungs, or any other part of the body that would account for death—it is very difficult to say whether the arm was removed before or after death, I can only state my impression—my impression is, that the arm was removed immediately after death—I think so, first, because there was nottho retractation of the skin that you would meet with had the amputation been made during life; and secondly, there was no evidence or appearance of clotted blood in the neighbourhood of the wound; that, however, might have been removed by the fluid in which the body had evidently been lying for some time; thirdly, from the fact that the wound was through the integuments and it did not gape, it had not retracted, as is usual, if made in a living subject; then the blood vessels being empty, would rather be a reason for thinking that it was immediately after death, still I would not give any force to that, for, as I say, the blood might have been washed away, or removed by post mortem change or decomposition—the vessels being empty would make me think it was done immediately after death, but I would not give any great weight to that opinion—there might have been blood in the vessels, and it might have been removed by decomposition after death—I have described everything that I saw—this frock was shown to me, I think three days after the inquest—I found no marks on it—I submitted it to maceration in distilled water, and I discovered some few blood globules in the water after maceration—I am able to say they were globules of blood, but whether of human blood or not I could not say—I showed the portion of the skin of the abdomen, with the mark on it, before the magistrate, also to the coroner, and some of the witnesses—I did not examine for poison, but as far as my examination went, I found no reason to apprehend that the child had been poisoned.
Cross-examined. Q. There were no appearances that usually attend a case of poisoning? A. There were none.
MR. SLEIGH. Q. Supposing any narcotic or vegetable poison had been administered, probably the maceration in that foul sewage would render its detection very difficult, unless you made a minute analysis of the. tissues. A. It would—I may say there is very great difficulty attending all these investigations, one can only speak of one's belief.
COURT. Q. It would leave no trace, you say? A. No; I think the features of the child were in such a condition, that any person who knew it in its lifetime would not be able to express an opinion as to the identity of the child—I don't think any one could possibly undertake, to recognise its
features—the eyes were thrust out of the sockets, the skin of the face was exceedingly discoloured, and altogether was so changed that I do not think a person who saw it under such circumstances could identify it.
Strongly recommended to mercy by the jury on the grounds of her seduction, her poverty, her mental anguish, and her previous good character— DEATH .
NEW COURT.—Wednesday, November 28th, 1860.
PRESENT—Mr. JUSTICE BYLES; Mr. Ald. HUMPHERY; Mr. Ald. FINNIS; Mr. Ald. ROSE; Mr. Ald. CONDER; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
39. ALFRED CHAPMAN (22), THOMAS GABLE (24), ALFRED WATSON (28) , Burglariously breaking and entering the dwelling-house of John Smith, and stealing therein divers monies in silver and copper, Gable and Watson having been before convicted, they all
PLEADED GUILTY , and an officer from the House of Detention stated that Chapman had been there several times and had been sentenced to Penal Servitude, and Policeman, H 196, stated that Watson and Gable toere associates of Chapman.
Ten Years' Penal Servitude each.
Before Mr. Justice Byles.
MESSRS. CLERK and METCALFE conducted the Prosecution.
JOHN GARDNER : I am one of the senior clerks in the post-office—the prisoner was sorter at the South Western District office, Pimlico—in consequence of something which occurred, I made up, on 7th November, what is called a test letter—I enclosed in it two half-sovereigns, having previously marked them, and fastened them in a piece of adhesive gum paper, to keep them from tumbling about—I put them into an envelope addressed, "J. Longfellow, Esq., solicitor, Merrion-square, Dublin," and fastened it in the ordinary way with the adhesive gum on the envelope—I gave it to Willis Clare, One of the inspectors of letter carriers, with instructions; and if posted according to my instructions, it would, in the regular course, come to the office where the prisoner was employed, and thence to the General Post Office—it would be posted at Battersea, and would be taken in a bag—I Opened the bag on its arrival at the chief office, and it did not contain the letter addressed to Mr. Longfellow—I then'Vent to Pimlico, and followed the officer Smee into the Phœnix public-house, close to the South Western office (this was shortly after 7 o'clock), where Frances Mitchlemore, the landlady's niece, produced five half-sovereigns to me, among which I found one of the two that I had enclosed in the letter—it had my mark upon it—I then went to the South Western office, and through the sorting office to the adjoining room—the prisoner was not there, and I directed Newman to fetch him—he did so, and I said to the prisoner, "Did you assist with the general sorting at 3.50 to-day?"—he said, "Yes"—(the general post sorting is sorting for the provincial towns)—I told him that a money letter addressed "J. Longfellow, Esq., Dublin," was missing, and asked if he knew anything
about it—he said that he did not—I directed Smee to search him, and saw Smee take from him a purse containing 9s. 6d. and some coppers—he told me that he had saved that from his wages last Saturday—I asked him if he changed a half-sovereign at the public-house round the corner today—he said, "Yes"—I asked him where he got it from—he said that he had received it for his wages on Saturday—I think this was Wednesday; I am not certain—I told him that I was in possession of a half-sovereign which I had obtained at the public-house, and which had been enclosed in the letter addressed to Mr. Longfellow, and that the letter had been seen in his possession at about 4 o'clock—he said that he knew nothing of the letter or the half-sovereign—I sent Upfold, an officer, to search his lodgings, while I remained with the prisoner—Flicker showed me three half-sovereigns at about twenty minutes past 8, among which I saw the other one with my mark upon it—the prisoner was then given into custody—these (produced) are the two half-sovereigns.
Cross-examined by MR. JONES. Q. Did you examine the envelope before? you inserted the letter? A. I did; to see that it was sound—I am certain the gum was in good order—I wetted the gum paper so that the half-sovereigns must stick to it—when this letter left the sorter's hands it should have been tied in a bundle at the South Western office, and the bundle should be put into the bag—I do not know whose duty it would be to put it into the bag—when I asked the prisoner where he got the change, he at once admitted having got the half-sovereign—he has been in the employment of the Post Office over four years, but something has arisen to give rise to suspicion against him, before this—he was recommended for promotion about three weeks before this—we did not sugpect him at that time, but we did afterwards—during the four years nothing has occurred to cause suspicion against him, until three weeks before this—he bore an excellent character till then—he received 27s. a week wages—I have not heard that he is married—I am not aware of a registered letter having arrived half an hour before this test letter was sorted.
MR. CLERK. Q. What did you say about changing a half-sovereign at a public-house? A. I said, "Have not you changed a half-sovereign at the public-house round the corner?" and he said that he had—he had been recommended for promotion, but subsequently I received instructions with regard to him.
COURT. Q. Was the mark you put on this half-sovereign, put on by a punch? A. Yes—I had used it before—I cannot say how many half-sovereigns I have stamped with it; not thousands—we have not more punches than one of this description in the post-office—I have used it two or three years—no other half-sovereign has been marked like this—I mark these in different places, as shown by this drawing (produced)—I never marked others in these places—I have not got my register here—I do not keep in my memory how I mark them, for three years—I keep memorandums—my memorandum book is not here.
WILLIS CLARE . I am inspector of letter carriers—on 7th November, I received a letter from Mr. Gardner, addressed to Mr. Longfellow, of Dublin—I saw it made up, and the half-sovereigns put in it—I posted it at the district office, Breach-road, Battersea, about one o'clock.
Cross-examined. Q. How long have you been in the service of the post-office? A. Nearly twenty-eight years—I saw the wife of the post-office receiver tie up the letter with others in the bundle.
District office—on 7th November I opened the letter-bag which I received from the Battersea-bridge office—I had previously communicated with Mr. Gardner to know what he was doing—when the letter-bag arrived, I found a letter addressed, "J. Longfellow, Esq., Dublin"—it was still fastened—I felt it, and it appeared to contain coin—the prisoner was employed in sorting letters, and I placed that letter before him with others to sort—I saw him take it to the scale and weigh it—he brought it back to the sorting table, and I afterwards saw him sort it up for the Irish division—it was the first letter in the Irish division—shortly after that the prisoner left the table, and went into the register room; he took something with him, and he also took some registered letters from the opening table, where the bags are opened—when he was gone I went to the sorting table to ascertain whether the letter was there; it was not there—that was about two minutes after I had seen it standing in the Irish division—I went directly—I examined the letters in the Irish division to see whether it had got mixed up with them, and am sure it was not there—I then tied them up, and sent them off with others—I afterwards made a communication to Mr. Gardner—the prisoner remained in the office till after 7 o'clock—I missed him shortly after 7—he was attending to his duty in the meantime, but he went down stairs once, about 5 o'clock—down stairs goes to the water-closet—he remained below about five minutes—when I missed him at a little past 7, I went to the Phœnix public-house, and saw him there, having something to drink—I then returned to the district office, and he shortly afterwards came in—Mr. Gardner then came in, and Smee, the constable—Mr. Gardner then directed me to fetch the prisoner, but, instead of fetching him, I called out to him, and he said, "All right"—he was then in the road room, where the letters are sorted for the suburbs of London—it is an ante-room adjoining the sorting room—he came out of the road room and I told him that he was wanted—he went up to the letter carriers' office up stairs, and as he was going up I called him, he said, "All right," but continued going up stairs—Smee and Gardner were in the adjoining room—I followed the prisoner up stairs, and found him in the act of getting a registered letter signed for—he was standing close by the seat of Henry Rice, a letter carrier—he came down stall's, and I followed him down and took him to Mr. Gardner.
Cross-examined. Q. Did you call the prisoner in to sort the letters at first? A. I beckoned him in—that was about 4 o'clock—this was not his regular work, but it was work which he was accustomed to do—there were a great many sorters in the office—he took the letter to weigh it—I do not know whether several people saw him weigh it—the weighing machine is in the sight of all the others—the stamper was standing near the weighing machine, I and there was a sorter opening at the table—I missed the letter in two minutest—during those two minutes I was watching him as far as I possibly could—my duty is to superintend the sorting—I was watching all the sorters; not Hume in particular—I had no object in that—I did not see him take the letter up after he had put it in the Irish division, and yet I was watching him—I examined the letters for the Irish post only—the prisoner remained from 4 to 5 o'clock without going out—I do not think he even left the place—he might have gone down stairs if he had chosen—the Phœnix public-house is used by all the sorters—I had been there during the afternoon, and it may be more than once—I do not know that I changed any money there; I may have, but if I did, I know it was not a half-sovereign, I because I had not one in my possession—I remember saying to somebody, I laying my hand on ray stomach, "I shall spend a fortune in gin to-day," and
most likely it was to the prisoner—when I got up stairs he was having a registered letter signed for—that was in conformity with his duty—I am not aware of a registered letter arriving open, containing a 5l. note—I recollect some remittance coming loose, but I do not think it was that day—I do not know that the prisoner received a letter open, containing a 5l. note, and that he handed it to the authorities at once—I remember a remittance from a post-office receiver, containing bank notes, coming open, and Hume showing it to me, but whether it was that day or not, I cannot say—he might have pretended that easily—he has borne a good character during the four years he has been at the post-office.
MR. METCALFE. Q. Does each person who receives a registered letter sign for it? A. Yes—their receipt is given to the person who gave it to them, and you can trace it from hand to hand in that way—I was unwell on this day, and was obliged to take some gin—it was the only relief I could get—there was a man sorting besides the prisoner, but not at that table—nobody came up to that table and interfered with him.
COURT. Q. You say the prisoner put the letter in the scale and weighed it—you then saw it in the Irish division, and he went into the register room; had he business in the register room? A. Yes; he had legitimate reasons for going there—it was at a subsequent period of the evening—past 7 o'clock, that he was getting the registered letter signed.
WILLIAM SMEE . I am a constable attached to the post-office—I accompanied Mr. Gardner to Pimlico—I saw the prisoner go into the Phœnix public-house soon after 7 o'clock—Frances Mitchlemore showed Mr. Gardner five half-sovereigns—that was directly the prisoner came out—I went in before any other person.
FRANCES MITCHLEMORE . I am the niece of Mr. Mitchlemore, who keeps the Phœnix public house, Palace-street, Pimlico—I know the prisoner by his coming in occasionally—he came there on the 7th November, shortly after 7 o'clock—he had something, and paid for it with a half-sovereign, which I put in a bag with some others, and gave him change—I afterwards produced five half-sovereigns to Mr. Gardner and the constable, among which was the one I took from the prisoner.
Cross-examined. Q. Out of the five could you say which it was that the prisoner gave you? A. I could not.
HENRY RICE . I am a letter carrier at the South Western Office—on 7th November, shortly after 7 o'clock, I was in the letter carrier's room—I had taken off my great coat and placed it under the stool, under the sorting table—I laid my canvas letter-bag on my coat, and then commenced sorting—I did not see anything of the prisoner coming into the room—I was standing with my back to the seat—I took up my bag to go out, about twenty minutes past 8, and, on pulling it away, three half-sovereigns dropped on to the floor—I picked up two of them, and Mr. Flicker picked up one—they all rolled off the bag—I had not put the money there—it was on my coat.
COURT. Q. What colour was the bag? A. Brown—it was about a yard long—I cannot tell whether they dropped from the inside of it, or outside—it was lying longways.
CHARLES FRICKER . I am inspector of letter carriers at the South Western Office—on the evening of 7th November, I was in the letter carrier's room—I saw the prisoner come up stairs, about half-past 7 o'clock—he brought up two registered letters, and the register-book, and got them signed for—while he was doing that he stood between the charge-taker's desk, and Rice's deak—there are only twenty-three inches between the two—I saw Newman come
up—the prisoner was still standing there, and I then saw him go down into the sorting office—he did not stand there more than two minutes—I did not go down—I saw him come up to the desk, and saw him leave the desk—about twenty minutes past 8 I heard some money fall close against where the prisoner had been standing, and Rice called out, "Who has lost any money?"—he directly handed me two half-sovereigns, and I picked up a third—I took the three down to Mr. Gardner, and saw him select from them one with his mark.
Cross-examined. Q. Was this in the usual letter carrier's office? A. Yes; open to all.
Mr. Linton, of the South Western District Office, gave the prisoner an excellent character. GUILTY .—Strongly recommended to mercy by the Jury.— Four Years' Penal Servitude.
PLEADED GUILTY .
MR. SLEIGH, On his behalf, stated that if the sentence was postponed till the next session, the prisoner would do all in his power to assist in the realization of his estate. MR. METCALFE, for the prosecution, stated that there were other indictments against the prisoner, which must stand over till the next session.— Judgment Respited.
MR. COOPER conducted the Prosecution.
JAMES FLEMING . I am a bricklayer, of 9, Holly Cottages, Dalaton—one day in September, Romsey came to me and asked if I had a pony for sale—I said, "Yes;" and told him the price, 7l.—he said he would call again at, 6 o'clock—he did not call again, but on Saturday evening, the 22d, the prisoner Wilson came and said that he was told that I had a pony to sell, and he wanted to buy one for his mistress, who kept a farm at Enfield-chase side—he wanted to aee the pony trotted, and my son rode it up and down the road for him—we had a glass of ale together—the price was to be 7l.—he said, thai money was no object to the old lady, so long as she could get a quiet pony—he said that his name was George Bramley, and that he should like to try the pony in harness—he did so, and after that took it away, promising to return it next day—he gave me 1l. which he was to forfeit in case the pony did not suit his mistress—he drove it away in the cart—I saw it again on Monday fortnight afterwards, at a livery stable in Coleman-street, and knew it again—I have seen Romsey before at Dalston.
MATILDA FLEMING . I am the wife of James Fleming—I know Romsey—he came on a Monday in September, and asked if ve had a pony to sell—I said, "Yes;"—he came again twice after that, and I saw him outside—I remember the day Wilson came to buy the pony—my son trotted it up and down—at that time I saw Romsey at the corner of the Richmond-road, about 100 yards off—he could see the pony then.
Cross-examined by MR. TAYLOR. Q. Do you really mean to say that you saw Romsey? A. I believe it to be he—I should not like to swear positively, because there is a probability that I might be mistaken, in the distance—I was outside the gate.
NOT GUILTY .
MESSRS. COOPER and DIXON conducted the Prosecution.
JOHN WOODWARD . I am a carpenter of New Milman-street—on 19th March, I was going into Russell-street with some work—the prisoner was standing on a step, and said, "How do you do?" I said, "You have the advantage of me; I do not know you"—he said, "I have known you for years; my brother kept the Blue Lion public-house, Blue Lion Yard;"—I said, "Well, I cannot stop," and went on—as I came back he was still standing there—he said, "You have not been long"—I said, "No;"—I walked on, and he followed me—he said he was waiting there on business—that he had bought a horse of a quaker for 20l. and had paid it to the groom, and when the groom took the 20l. home to his master, the master said it was twenty guineas; and that the groom had gone to see what he could do with his master about it—directly he said that, he said, "Here he comes;" and the groom came across the road, dressed as a stableman—he had a broadish brimmed hat on, more like a quaker's than anything else—the prisoner said, "What did the old man say?" he said, "He says you shall not have it at all now; I am to sell it for twenty guiness, but not to sell it to you"—he then said that he did not know what he should do, for he had sold the horse to a dealer for thirty guineas, and he-must have it—as he walked down Guilford-street we had to pass a livery stable, where there is what they call a ride—we went about three parts of the way down to see the horse, and he turned round to me and said, "I do not know that I need trouble you to see the horse, because I want the horse for the gentleman that I sold it to"—my house is at the corner of New Milman-street, the Portland Arms public-house is opposite—we went there and had a pot of ale, which I paid for; he pretended to give me the money to pay for the ale—he had a large pocket-book full of notes, and if they were genuine, there must have been at least 300l.—he kept handing a note or two to me to pay for the horse—to give t it to the groom for him, who was present with us—the groom kept saying, "No; I will not run the risk of losing a good situation for you, but if this person will pay the money to you, I will pay him again, and I will go and transfer the horse into your name"—that was so that his master should not know that he had sold it to me—he kept pressing me to buy it, because he' said he had sold it for thirty guineas, and he should lose the money—I went home to ray house, directly opposite—they both went with me—I went down stairs, and took the money out of a drawer, a 5l. note, a 10l. note, and 6l. in gold, having received a bill in the morning—Wilson counted the money and said that it was 1l. short—I counted it over and found that I had taken two half-sovereigns for sovereigns—they both handled the money, but I don't know which of them put it in their pockets—I have never seen it since—they" said, "Now come along up to Yeoman's, and I will give the horse into your possession;" I gave my son the candle, and before I could get up stairs, it being the corner house, they were both gone—I rather think that both took some of the money.
COURT. Q. What time in the day was this? A. Between 6 and 7 o'clock' when I paid them the money—it was light—I am sure the prisoner is the
man—I went over to Lambeth-street, and recognised him among five or six others.
Cross-examined by MR. METCALFE. Q. At Lambeth-street did you say that he was not the man? A. No; but there were some other people there taken up on a similar charge—I then went to Worship-street, and identified the prisoner—that was about a month ago—it was from March till October—I had not seen him in the meantime—I had been to Aldridge's and the Cattle Market, and could never see him—there is no one here from the Portland Arms—the barmaid served us—she brought up a pot of ale and put it down—she is not here; she has left; I went to the police-station as soon as I found that the men were gone—I then went to the Blue Anchor yard, and saw the proprietor—he said "Has the vagabond taken you in? he took in a man here about a fortnight ago"—I described the prisoner and he knew him directly—I went to the station and gave information—I saw people when I went into Yeoman's yard and told them what had occurred—I saw no one there when I went with the two men.
COURT. Q. You said that you handed the candle to your son; did your on see him? A. No; they were gone before my son came up—I have never seen the quaker since—I would not swear to the quaker, but I would swear to the prisoner among five thousand.
JAMES FROST . I am ostler at 38, Kenton-street—in March last, I was working at Mr. Yeoman's in Guilford-street, from six in the morning till eight in the evening—I remember seeing the last witness come there in the evening between six and seven o'clock—we had no horse there at that time the property of a quaker—I have not seen the prisoner at the place at all.
GUILTY on the Second Count.— Confined Six Months.
MESSRS. GIFFARD and DIXON conducted the Prosecution.
PATRICK CALLAGHAN . I am a labourer, of 19, Crown-street, Parson's green—the prisoner lives in the same house—on Wednesday, 7th November, I was standing against the palings of the house, between 9 and 10 in the evening—the prisoner came across to the palings, made a blow at me with a knife, and struck me in the neck, and again on the left shoulder—I had had no quarrel with him—he had said nothing to me about his wife.
Prisoner. He is a lodger of mine: I came in on the Saturday night and found him in my bed room. Witness. You never did—you never ordered me to go out of the house, or said a word to me—I did not dress myself and go into the street—you never found me stripped in your room except on the first night I came from my own country, when I slept in your room.
COURT. Q. What part oif the country do you come from? A. From Cork—I am twenty-two years of age.
MARY BARRY . I live in Elysium row—I was standing against the palings talking to Callaghan—I saw the prisoner cross to the next house to his own, and hit Callaghau in the neck—I saw no knife; and the next time he jumped across the palings, and hit him on the left shoulder—he said nothing—when he was taken to the station, he said that if he was to get twelve months for it he would take his life, and his wife's life besides—I saw blood running down Callaghan's side, from the place where I had seen him struck, and went with him to a doctor.
Prisoner. Q. Did you ever hear anything about my wife and Callaghan heiore that? A. No; and I have known them eight years—you have four children—your wife is an old woman, and rather too old for you to be jealous of.
EDWARD STACEY (Policeman). On Wednesday night, 7th November, I met Callaghan, bleeding from his shoulder—I went with him to the prisoner's house—the prisoner had this hatchet (produced) in his hand—it was about a quarter past 10 o'clock—I took Callaghan to the doctor and saw him stripped, and the wounds dressed—there was one on his left shoulder, and the other on the right side of the back part of his neck—they were cuts, and were bleeding—I believe them to have been done by a sharp instrument.
WILLIAM HIGHERS (Policeman, V 37). On 7th November, I was on duty at Chelsea police-station—the prisoner was brought there—he took this knife (produced) from his pocket, and said, "I did it with this, I am a cuckold, and I will have his life"—he repeated that several times—the knife was stained with blood—the marks are on it still, both on the blade and handle.
Prisoner's Defence. I do not care what becomes of me; I intended to kill him that night because I caught him with my wife, but I forgive him now.
GUILTY of unlawfully wounding.— Confined Six Months.
THIRD COURT.—Wednesday, November 28th, 1860.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. ROSS; Mr. COMMON SERJEANT and ROBERT MALOOLM KERR Esq., Before Mr. Common Serjeant.
KERRISON*— PLEADED GULITY .— Confined Twelve Months.
STEEL— PLEADED GUILTY .— Confined fifteen Months.
PLEADED GUILTY .— Confined Two Months.
MR. SLEIGH conducted the Prosecution.
ALEXANDER SCOTT . I am a master bill poster, and reside at 1, Burleigh-street, Strand—the prisoner was employed by me for the purpose of posting bills—Messrs. Waterlow, of London-wall, employ me to post bills for them—on 30th September, I received from them, for the purpose of being posted, a large quantity of bills, some of which were like these (produced)—the prisoner was my servant, and I handed him some of those which I had received from Waterlow's, with instructions to post them—two hundred, I should think, was about the number I gave him—if he has posted any district according to his judgment sufficiently, and does not exhaust all the bills, his duty would be to bring the residue back to me—I do not know the date of the month when I gave him those bills—it was on a Sunday;
the day after I got them from Messrs. Waterlow's—the prisoner has no right to keep them—after having given those bills to him, I saw them again at Mr. Soames', a stationer, but not till then—that was not after he was given in custody—I was taken to Mr. Soames for the purpose of identifying them, which I did.
Cross-examined by MR. PALMER. Q. Did you count the quantity when you gave them to him? A. No; I only judge by the appearance—I fancied it was somewhere between one hundred and two hundred—I gave him a bundle—I have seen him with the bills in his hand sometimes, when he comes back from posting—I do not count the bills when they return—I trust him to post the bills—my business is simply to give him some bills to post, and I rely on him as to posting them—I was shown bills at Mr. Soames' the stationer—they were the same kind as those I had given the prisoner—I could not swear that they were the same that came out of my house, because other persons do the business besides me—they are similar bills in appearance and size—no one assists the prisoner in posting bills—each man has a district to go over—it is a very common thing for sometimes a large, sometimes a small, quantity of bills to be returned—if I found a smaller quantity of bills returned I should not take any notice—we generally give a few over—we go on posting bills till they are used up—what they bring back one day over, they take out the next day—if a few bills had been missing, more or less, I should not have called upon him to account for them.
MR. SLEIGH. Q. If the bills which he has not posted, be few or many, what is his duty to do with them? A. To bring them back to me.
JAMES SOAMES . I am a stationer carrying on business at 5, and 14, Theobald's-road—I know the prisoner—he has brought about one or two lots of bills to my place, and I have purchased them of him—he brought some to me in October—I believe these bills to be the same which he brought me, the same description—the bills that he brought to me were the ones that I showed to Scott—my initials are on some of these—I paid him at the rate of 7s. per cwt.—I bought 63lbs. from him in October—this portion of them which has been produced to-day, was retained by me on my premises and given up to the officer—I bought these by the instructions of the officer—the last purchase was on 26th October—here are two of the bills which have my initials—I can say from that fact that I bought those identical bills of the prisoner—I did not understand that he was in the employment of any body—he told me that the bills were perquisites, and that he had a right to sell them.
Cross-examined. Q. When he said that, you thought it reasonable and did not inquire further? A. I did not; I believed it—under any other reason I should not have bought them—I gave 7s. for them and sold for 9s.—we have never bought many of them—I believe they are, in the trade, sold as perquisites—I bought these particular bills by the instructions of the police—the man brought these, the same as the others before—it was about two or three days after I had received instructions that the prisoner came to me, and I bought these bills from him—nothing more passed than I have related—I asked him to give me a receipt with his name and direction, and he did so—I did not give him a receipt on the former occasion—I said this time "Have you a right to sell them?"—I told him there was an inquiry made about these bills—he said they were his perquisites—I was satisfied with that, or I should not have bought them—it was desired by Messrs. Waterlow that I should put my initials on the bills before they were taken away, so that I
might identify them in Court, if called upon to do so—I think one day elapsed after the bills had been sold to me before they were taken away—I could not positively say that—I put my transactions down generally speaking—they were brought in a parcel by the prisoner—I put them in a bag, and kept them there, separate trom everything else—I had my reasons for that—63lbs. was the quantity.
MR. SLEIGH. Q. Are we to understand you that you believe that a person who was in employment, had a right to appropriate 63lbs. of these bills as a perquisite? A. Certainly—I can tell the jury that conscientiously—I was not aware that he was a servant—I believed him to be employed on his own account.
COURT. Q. Were the whole 631bs. the same bills? A. Not the same notices on them—collections of different notices; different bills—there may be five or six different kinds, I could not say—they do not all announce the same thing.
MR. SLEIGH. Q. Was that the ordinary practice, to give him a collection of bills to take out at the same time? A. I believe so—I had received instruction from Richards—that was two or three days, I think, before I purchased the bills; it might be one or two days—there is no pretence for saying that I solicited the prisoner to come to me with them—I bought them for 7s., and sold them for 9s.—they are used for various purposes.
MR. PALMER. Q. Can you remember what were given to him on this occasion? A. Only one sort of bill on this occasion.
COURT. Q. The other bills, therefore, he had on different occasions? A. Yes—it was the 1st October, I think, that I gave him the bills which we are now speaking of.
SIDNEY HEDLEY WATERLOW . I am carrying on business as a stationer, at Loudon-wall, with two other gentlemen as partners—Mr. Scott who has been examined, was employed by us to post bills—I did not deliver to him, about last September, a quantity of bills of this description to be posted—I believe they were delivered to him by my orders—the bills are printed by us—in consequence of some information which I received from the Secretary of the Brighton Railway, I sent for the prisoner, and caused him to be brought to my office—I cannot recollect what day that was—Spittle, the detective officer, was in the yard at the time the prisoner came to my office—I had not previously received a large quantity of bills of that description—I saw them at Soames' office, and ordered the officer to take possession of them—they were subsequently conveyed to my office—I believe they were in the offidb when the prisoner came in, but whether they were close to him or not, I do not know—I said to the prisoner, "You know this is a policeofficer:" (Spittle, I, and the prisoner, were then in the yard—I had been called into the yard); "you have been brought here for selling some of my bills"—I think the words he said were, "I know I sold the bills," or words to that effect—I do not recollect whether I told him I had found anything, or whether I mentioned the name of Soames or anybody else—the officer was present—he is here—when he said, "I know I sold them," I think I said, "Can you explain the matter," or some words to that effect—he offered no explanation—I am not certain whether there was a conversation; whether he addressed me or the officer, about his having had them some time—I said, "I am afraid I must give you into custody for selling," or "stealing these bills'—I do not know which word I used—I gave him into custody.
Cross-examined Q. You say you are a printer of these bills? A. Yes—I know these bills are printed by me—it would take too much time to identify them all—this one is printed by us—I know it by the size of the type; I ordered the type to be cut—we print hundreds of sorts of bills, and thousands of each sort—they are printed by us by the orders of the company—in the season, we print from ten to twenty thousand a month of different sorts—I could not, by looking at them, tell the particular bills which I delivered to Mr. Scott—I can tell by looking at my books, that a certain proportion had been delivered to Mr. Scott, of bills of a certain kind—I should know by the books—in this case, I probably never saw the order given, or the work done, or the bills delivered—I know it is my printing, that is all—I cannot say at this moment what quantity Scott had from me; it would be in numbers—I cannot tell how many, without my books.
COURT. Q. Do you know whether all the bills of the same sort as this blue one for instance, went to Scott, or some to some other person? A. I do not: some might have gone to others.
MR. PALMER. Q. When you went to Mr. Soames' shop, did any one call your attention to the bills? A. I went with the detective officer of the Brighton Railway—he and one or two other officers went up the yard, and asked for Mr. Soames—I went into the stable where Mr. Soames was, and some one asked for the bills which he had bought, they wanted me to see them—I saw the bills in a sack close to him—I pulled some of them out, and Scott pulled some others out—I do not know what quantity was in the sack; I was told—I did not weigh them—I did not examine the whole of them—I do not know about how many persons in the trade are employed in posting, the same as Mr. Scott—I think Mr. Scott can tell you better—we employ two—there may be a great many employed—we are the only printers that print these particular bills—we are the only printers employed by the Company.
MR. SLEIGH. Q. Have you any doubt about having printed those very bills which are lying before you? A. Not the least.
JOHN SPITTLE (City-police-officer). I was at Mr. Waterlow's premises on the occasion he has just mentioned—he told the prisoner that I was a police-officer, and that he had seen some of his bills at Mr. Soames', and wished to know whether the prisoner could account satisfactorily for the possession of them—the prisoner said, "I know that I have sold them"—Mr. Waterlow said, "I feel that I must give you into custody for stealing them"—I then took the prisoner to the police-station in Moor-lane, where he was charged with stealing the bills—a portion of them were then immediately before him—he made no remark on the charge being preferred against him—the whole parcel of bills weighs 66lbs.—I have selected the Brighton bills from them, they weigh 31lbs.—the conversation had been in the yard—the bills were then in Mr. Scott's cart, standing in London-wall, not in Messrs. Waterlow's premises—they were not talking near that cart—reference was made to the bills which were in the cart, but not as being then in the cart—I had taken the prisoner to Messrs. Waterlow's—it was I that originally arrested him.
Cross-examined. Q. Did you get the bills at Mr. Soames? A. I did—I went there to get the bills—they were in a sack there—I have been in Court—I heard the witness describe the contents of the sack—I turned them out—I weighed them in Moor-lane—they were in a sack in Soames' shop, separate from others—there are several sorts of bills—there are 31lbs. of
Brighton bills—the other 35lbs. were mixed bils—the Brighton bills were not all the same, duplicates one of another; but Brighton bills generally—the predominant colours of the bills are yellow and blue, and different sizes.
COURT. Q. Are the Brighton bills various in announcements, size, and colour? A. Yes; there are some which announce the Victoria-station—I cannot tell from them, whether they are different months—the printing on this pink bill is not the same as on this yellow one—they are different in size and colour—there are a large proportion about the Victoria-station—the yellow Victoria bills are those which Mr. Scott gave the prisoner on 1st October—the weight of 200 of those, might have been 20lbs.—these Victoria bills had only been printed, two or three days previous to 1st October—there were several thousands of bills, different in wording, and colour, but all announcing the same fact, the opening of the Victoria-station—they were printed very largely, immediately the Board of Trade decided that the station should be opened.
MR. SLEIGH. Q. Would those bills with respect to excursions, and others of the bills there, which bear no date at all, be just as serviceable for the same purpose during the summer months of the next year? A. Yes, some of them—sometimes the fares are on them—the notice "Brighton and back for half-a-crown," has been the same for many yean—some of these bills merely contain, "Cheap excursions to," such and such a place, "and back again;" and they are just as serviceable next July or August, as they are now—they are stock bills, and have marks on them—this one has "B 28" and so it is called "B 28;" and would be called by that name if any more vere ordered.
JAMES RICHARDS . I am a detective officer employed at the Brighton and South-coast railway-station—on 26th October, I went to the premises of Mr. Soames, and there saw a quantity of bills which are produced here to-day—they relate to our railway; they were in use at that time—I have always been given to understand that bills which were not used, were not to be sold—supposing they were given out to be printed in October, they would be serviceable at any other time—they are stock bills—Mr. Soames showed me 63lbs. of bills in a bag—on another occasion I went to Guilford-street, in the Borough, and there saw the prisoner—Mr. Scott, his master, was with, me—I said to the prisoner, "I am a detective officer; you have sold some bills to Mr. Soames, of Theobald's-row"—I think I said, "50lbs. weight"—he said, "I have"—I said, "Where did you get them from" he said, "From my master," pointing to Mr. Scott who was standing by my side—I asked him how he came to take them there—he said he knew Mr. Soamea was a buyer—he said, "I knew there was a row about the bills; I picked them up about the house, and Home from under the bed, to get rid of them"—I asked him whether he had sold any more there, and he said, "Not there"—he did not name any place where he had sold any more—Mr. Scott asked him in my presence, whether anybody else had sold any—he said he would not get any one else into trouble—I then went away, and communicated with the secretary of the Brighton Railway.
Cross-examined. Q. Have you anything whatever to do with the bill department? A. No—I know nothing about the bill-sticking trade, or about men selling bills.
THOMAS SAUNDERS . I am in the employ of Mr. Soames—I saw these bills in his shop—I have seen the prisoner there—I have, on one occasion, bought bills of this description from him—I did not ask him any questions as to how he became possessed of anything that he brought.
Cross-examined. Q. Did you notice when those bills first came into your master's shop? A. I saw them brought in—I could not say now that these are the very bills I saw in my master's shop—I only know that on a particular day some one brought some bills—they were put into a bag and were weighed—there was nothing else in that bag that I know of—I was on the opposite side of the building when the bills were brought in.
JOHN BULLIVANT . I am a waste-paper dealer of Leighton's-grove, High-street, Borough—on or about 16th October I bought about 4 cwt. of bills from Mr. Soames—I paid him 9s. a cwt.—I returned a portion of those back to Mr. Soames, on being required to do so—these are the same kind that Mr. Soames had, but I do not know that they are the exact ones.
Cross-examined. Q. You have had nothing to do with those particular bills? A. No.
COURT to ALEXANDER SCOTT. Q. On the evening of 1st Ootober, when you gave the prisoner these 200 bills, did he return some bills which he had not posted? A. Yes—I do not know what quantity—I took some of them away in my cart, and he took some away in the other cart.
Mr. Scott, the prisoner's master, gave him a good character.— NOT GUILTY .
MR. COOPER conducted the Prosecution.
JOHN WEST . I live at Southall, and am a corn-dealer and coal-merchant—I am also agent for the Ruabon Coal Company—the prisoner was in my service as an odd man—he occasionally carried coals out to my customers—on his being paid for them it was his duty to pay the money either to me or to my daughters—I did not receive half-a-crown on 28th October, from Mr. James—the prisoner supplied a sack of coals to Mr. Grace without ray right or authority—they were taken with my horse and cart on Saturday, the 27th—he had no right to take those coals at all—if he was paid for them it was his duty to pay that money back to me—I have not received any money for them; I am quite sure of that.
Cross-examined by MR. DICKIE. Q. How do you know the money was not paid? A. I am certain I never received it—I take the money occasionally—myself, my daughter, and my son have access to my till—no one else is allowed to go to my till—I have a small child that might sometimes go there to get change; I do not allow her to take money—I might trust her to sell a penny roll out of the shop—I should not allow her to give change without going to the elder ones for it—I cannot say that the others never go to the till—I have seven children—I keep a day-book, shop-books, and ledger—I keep a small day-book on the counter—money received from the prisoner by me, my son, or my daughter would be entered in the day-book, which is here—if he had taken out coals they would be booked, and if he had brought the money, that would be booked also—if it was ready money it would not be booked—I cannot tell what coals I have lost—I cannot say whether I have missed any coals—I have not weighed up my stock—I allowed the prisoner 12s. a week—he has a wife and family—I have known him between twenty and thirty years—I have nothing to say against him before—I do not want to be robbed—I have no animosity against the man—I have gone over the books before I brought the prisoner here; but not with the prisoner—I have not seen him since he has been in prison—he owned to having sold the coals, and having got the money at home—that was when I asked him for it—the coals were half-a-crown in Mr. Smith's case—there were two places where he
took money at on the Sunday morning—Mr. Smith is here—Mr. Grace's case was 3s. 9d.—it was on the Monday that he told me about the money—I afterwards found him in the stable—he was taken, and 3s., I believe, was found in his pocket—I never entered any ready-money transactions in the book—many transactions have occurred between me and the prisoner which have not been entered in my books.
MR. COOPER Q. Have you looked through your books since this affair has happened, and find that no entry of this money is in them? A. Yes—he has never paid me the half-crown.
SUSAN JAMES . I live at Southall, and am the wife of Henry James—I know the prisoner—I have been in the habit of buying coals from him—I ordered some coals of him, which came to 1l. 3d.—the first I had was on 31st August—I did not pay him at that time for them—I paid him the 1s. 3d. on 31st September, and 2s. 6d. on 17th October—I did not know, when I first had the coals of him, that he was Mr. West's man—I did not know whose coals they were.
Cross-examined. Q. Had you ever a bill delivered to you with Mr. West's name on it? A. Never—the prisoner has told me that he has been in the habit of paying ready-money for my coals—I never asked whether he was the principal—it was he who undertook to supply me with the coals.
ELIZABETH GRACE . I am the wife of Athektone Grace of Southall—I know the prisoner—I have been in the habit of buying coals from him—I remember paying him half-a-crown on 28th October, for some coals I had—I knew at the time that he was West's man—I thought I was dealing with Mr. West—he gave me no receipt for the money—I do not know how he brought the coals; I was not at home.
Cross-examined. Q. Are you quite sure you knew he was Mr. West's man? A. Yes—he never delivered any account to me with Mr. West's name on it—I believed that he would pay the money to Mr. West—I cannot say how many accounts I have had altogether—I have never had any with Mr. West's name on them—2s. 6d. was the last payment I made—that was on Sunday morning, 28th October.
ELIZABETH WEST . I sometimes receive money—I did not receive from the prisoner in September 1s. 3d., as received from Susan James, for coals; nor at any time—I did not at any time receive half-a-crown from him, as received from Elizabeth Grace.
Cross-examined. Q. Do you take all the money which is taken in the shop? A. No; sometimes my father takes it, and sometimes my brother; no one else—I have a little sister; sometimes, she goes to the shop—she goes to the till for little things—I book everything that is bought, in the day-book—I am quite sure that I enter everything in that book, that goes out—I am quite sure I never made a mistake in my life.
MR. COOPER. Q. Are those that are put down, only for credit? A. That is all—ready-money transactions are not entered.
THOMAS WEST . I have taken money for coals, over the counter for my father—I did not take 1s. 3d. from the prisoner during September, on behalf of Susan James, or any one else—I did not, during October, receive 2s. 6d. from the prisoner, as being paid by Elizabeth Grace for coals, or for any one else; I am quite sure.
Cross-examined. Q. Were you in the shop at all that month? A. Yes—I am in the shop in the morning, and then I go out with the cart, and am out all the rest of the day—I do nothing in the shop.
custody on 29th October—I told him he was given in charge for receiving money for coals that he had delivered on Saturday the 27th—he said, "And here is the half-crown"—before I started to the station, I told him he need not answer me unless he liked, as I might be compelled to make use of the words—he said that he had received no other money on account of his master—at the station I found 11d. in his pocket besides the half-crown.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Tursday, November 29th, 1860.
PRESENT—Mr. Ald. CHALLIS; Mr. RECORDER, and Mr. Ald. ROSE.
Before Mr. Recorder.
50. JOHN CARTER (12) , Burglariously breaking and entering the dwelling house of George Dibben, and stealing therein, 1 wooden measure, 2 pillow cases, 1/2 lb. of tea, and 5s. in money, his property; to which he
PLEADED GUILTY .— Four Years' Penal Servitude.
An officer stated that the prisoner had been three years in a reformatory, and since leaving it had twice robbed his mother.
51. ANDREW STEINMETZ (44) , Feloniously sending to Junius St. John Eicke a letter, demanding, with menaces, and without any reasonable or probable cause, a certain valuable security. Second Count demanding a certain chattel.
MR. CHARNOCK conducted the Prosecution.
JUNIUS ST. JOHN EICKE . I reside at 7, Elm-grove, Brixton-hill—I am Senior Lieutenant in the 3d Surrey Militia—I became acquainted with Mr. Steinmetz some months ago—I do not recollect the exact date—to the best of my recollection it was a few days before this agreement was entered into (Read: "Memorandum of agreement made the 11th day of July, 1860, between Junius Eicke, Lieutenant 3d Surry Militia, and Andrew Steinmets of 16, Boundary-road, St. Johns Wood, Barrister-at-law,—In consideration of the said Junius Eicke having placed the said Andrew Steinmetz in nomination as Captain Commandant of a Rifle Corps which he has raised in Surrey, and provided the said nomination shall ensue, the said Andrew Steinmets doth hereby consent and agree to clothe the first company of sixty men, at the rate of 3l. 10s. for each man, and to allow the said Junius Eicke to appoint the drill sergeants, provided that they are efficient and up to their duties")—The agreement originated in this way, he said he had been an ensign in the Victoria Rifles, but that the Duke of Wellington had deceived him, and that he had been induced to spend 250l. and did not get his captaincy; he said he should very much like to be made a captain—I said, "As there is the rifle movement now, if you would clothe the men, there are many respectable men, clerks and others, with small salaries, who would then be happy to join the corps, but who cannot afford this expence"—he then agreed to do so, and he gave me this agreement, and I acted upon that agreement by sending to Lord Lovelace, and Lord Lovelace consented to nominate him as captain, and accept the services of the corps.
COURT. Q. Do you mean that you sent that agreement to Lord Lovelace? A. No; I sent a prospectus.
MR. CHARNOCK. Q. In whose handwriting is that agreement? A. In the handwriting of the prisoner—the whole of it is written in his handwriting and signed by him.
Q. Do you know what the defendant is by profession? A. He told me he had studied for the church, and then he had studied for the bar—I asked him why he left the bar—he said he did not think that any one but a rogue could succeed in it—I said it was a strange argument—he said he could not reconcile it with his conscience, therefore he would not practice—he then said he had been brought up for a surgeon, but he did not practice; but that he had been to Hythe and obtained a certificate there—that he was then made ensign of the Victoria rifles, but he did not get his captaincy—he said the Duke of Wellington had deceived him, that he had promised him the captaincy and given him an ensigncy—I said that when the first company of the proposed corps was started, in all probability it would increase, and we might get it up to the strength of a regiment, and that no doubt as the strength increased, according to the rules of the War office, he would perhaps get his majority, that he might do so, but it would depend upon the Lord Lieutenant, whether he would accept him—he had not said anything about wishing to be a major before that, but he then said he was very anxious to be a major—the other officers referred to in the agreement, are only staff officers, drill instructors, not commissioned officers—after the agreement was signed, he had some communication with the Lord Lieutenant—he told me so—he said the Lord Lieutenant refused to make him a major—I said I was astounded that he could make such an application, knowing, as he well did, and as I did, that unless there were four or five companies raised it was impossible he could be made a major, that even Lord Lovelace himself had not power to make him a major—he said "well" the matter rested between him and Lord Lovelace—I said I did not think he ought to trouble Lord Lovelace with such numerous applications, it must throw rather suspicion, upon me—he said I had nothing to do with it then, because the matter depended between him and Lord Lovelace—to the best of my recollection this conversation was a few days after the agreement had been signed—he did not tell me before, of his intention to go to Lord Lovelace—I wrote to the defendant, to the best of my recollection, the day before I received from him the letter upon which he is indicted—it was on or about the 26th—I have served a copy of a notice to produce that letter—I served it personally upon Mr. Booth's clerk yesterday about 1 o'clock—on the following day, the 27th, I received from the prisoner this letter (Read: "16, Boundary-road, St. John's-wood, 27th July, 1860. Sir; In reply to your note, threatening legal proceedings, I have to inform you that if within twenty-four hours you do not retract that letter, and return me the paper on which you found your claim, obtained from me, such as it is, by surprise and unfairly, I will lay the whole matter before the Lord Lieutenant; for the public benefit and the volunteer movement this very suspicious matter shall be sifted to the bottom—you admitted yesterday that your brother was the Eicke of the late commission sale affair, and now another member of the same family has tried his hand with the volunteer movement; in your excuse to me yesterday for the family connexion, you calumniated Lord Brougham and his brother, and last night, your father, in like manner, asperaed the Earl of Jersey—this intensifies my suspicion of you—I suspect, however, that the letter just received, was written before you saw me last night—I have further to inform you that I have not as yet refused the command of the corps through the Lord Lieutenant, with whom alone I have to do; your
threat is therefore not only ridiculous, but premature—depend upon it, I will not flinch under your intimidation, or that of your father, whose appearance in the scene is, to say the least of it, indiscreet—your obedient servant, Andrew Steinmetz. P.S. Remember that you hold, or stated you held, a commission, and it was this that placed me into undue confidence in you—I admit my error, however, in trusting you")—In that letter he charges me with having calumniated Lord Brougham and his brother—there is not the slightest foundation for that—I never calumniated Lord Brougham—some short time after the defendant had signed, the agreement, he said he thought it might be arranged for the men to repay him back the amount of the clothing—I said that was contrary to the terms of the agreement, and it would be unfair to me, and they would not listen to me if I proposed it to the members, because it was an understood thing that they should be assisted with the clothing, and lay by to prepare for fresh clothing as they were worn out, but that they were to start free of debt—he said, "Well, then, the matte'r must rest," he would not go on with it—by the terms of the agreement it was to be done at once—I received these other two letters from the defendant, they are his hand-writing—they reached me by post—the date of the last is 30th July—he has never performed the agreement up to this time—he has called on me since—I am not sure whether it was before or after the 27th—I saw him—he said he wanted his likeness back that he had given me—it was a photograph that he had presented to me—he gave it me to show to the members of the corps—I had got upwards of sixty members promised—I did not exhibit the portrait to any of them—I put it in my sitting room—when he called, he said he wanted his likeness back, and he would have nothing more to do with the matter—I gave it him—he said he had only lent it to me, but he had really given it to me in the first instance as a present, and he said "If you put the wig in a certain position, it was like Our Saviour."
Cross-examined by MR. SERJEANT BALLANTINE BALLANTINE. Q. What are you besides being a lieutenant in the Surrey Militia? A. A drill instructor, a drilling master at schools—that is the mode by which I gain my livelihood, and the only mode—the defendant applied to me in the first instance, by answering an advertisement of mine; I had put an advertisement in the paper on behalf of the corps, requesting applications to be made to me—the parties on whose behalf I put the advertisement in, were the members of the corps—I can name a dozen of them if you wish—it was done for the benefit of all—I was not then in the corps, because it was not then formed—the advertisement was in these terms—"Rifle Corps—wanted to meet with a gentleman who is willing to take the command of a first-class rifle corps, which has just completed the first company, and who is patriotic enough to assist the corps with funds—apply by letter, with real name, 34, Water-lane, Blackfriars, City"—I put that advertisement in for the benefit of the sixty persons who agreed to form the corps upon those terms—I was authorized to put it in—it was with the sanction of all of them—I don't say they sanctioned me to put in the advertisement, they sanctioned me to find a gentleman who would clothe them and start the corps—Mr. Mellor was one of them—he lives in Cold Harbour-lane—he is a traveller for a London house—he was one of the sixty—he authorized me—I swear that—I don't know whether he was aware of the advertisement or not—the only benefit I should have had from the matter would have been this: that had it been raised to a battalion, I might have been rewarded with the adjutancy—that was my only hope of reward—I did not contemplate any other benefit; I could not receive any pecuniary benefit—on the same
day that I received the threatening letter, I received another letter in answer to one that I wrote—(MR. SERJEANT BALLANTINE called for this letter, and it not being produced, read a copy of it as follows: "Sir, In further reply to your threatening letter of yesterday, I beg to say that I am quite prepared to carry out my original intention respecting the alleged corps of rifle volunteers, provided, the services of the same be accepted by government, and I be nominated Captain Commandant, after laying before the Lord Lieutenant a copy of the original memorandum, and all the letters that have passed between us. Your obedient Servant, Andrew Steinmetz. P.S. Clearly, if you have acted honestly in this transaction, you will not resist one moment to accede to this honest proposal, it will prove whether you can bear inspection or not in your present speculation; (my last proposal was merely a test of your respectability,) of the alleged corps—you refuse to propose it to them and why.") I received that letter—I don't know whether it was the same day—I don't recollect whether it was before or after the other—I learnt that Mr. Steinmetz was going abroad—I took proceedings against him, and issued a writ, and made an affidavit that I believed he was going abroad, upon which I had him arrested—my reason for suing him, and having him arrested was a claim of 210l. upon this very agreement, as trustee in the matter—I was the only party who could sue of course, as trustee for the amount; the corps could not sue him—I also sued him for the amount of 20l. due to myself, expended by me—the demand made was upon the same agreement as that referred to in the letter—I had him taken in custody on the writ, and he gave bail to appear—I am proceeding with it, it is going on—I do not know how far my solicitor has gone—my father is not my solicitor in this case; I don't know about this case—I do not recollect the date of my taking proceedings to arrest the defendant—to the best of my recollection it was about a month after this letter had been written—he gave bail, and went abroad.
Q. Did you then go before the Grand Jury without giving him any notice, and without yourself going before a Magistrate, and prefer this bill against him for felony? A. I gave him notice before he went abroad that I should prosecute him—I went before the Grand Jury—I really do not know whether or not he was then in England—I went to Marylebone police-office—they said they did not quite comprehend the matter, and that I had my remedy by indicting him before the Grand Jury, and I went and indicted him before the Grand Jury—I then got a certificate from this Court, and a warrant from a Magistrate, and arrested him—I believe that was last Wednesday week—I did not receive notice from him that he was coming up to put in bail—I did not appear next morning at the police-court, because they said they would give me notice, which they did not do.
MR. CHARNOCK Q. My friend has asked you about the mode in which you get your living; is it at all an uncommon thing with military men to teach at schools? A. Not at all—I teach as a drilling master at ladies' schools—I looked forward to being made adjutant if this went on—there is no pay in the rifle corps, except for the adjutant—he is paid—the pay is about 10s. a day, and 2s. for a horse—the proceedings with regard to the arrest and the indictment were taken by my solicitor—the 20l. I expended was for the expense of printing, and so on, which he told me to get done—the notice I gave him before he went abroad that I should proceed against him, was embodied in a pamphlet which was sent to him—I did not personally tell him that—the mode in which I contemplated forming this corps is the mode in which several corps have been formed—on the other side of the
water they have mostly been clothed, Roupell's corps, Beresford's, and all but one or two corps have been clothed.
COURT. Q. Do you say that the adjutant is the only person who is paid? A. The only commissioned officer—the drill sergeant is paid, not the quarter master—the drill sergeant is usually a sergeant in the line.
Cross-examined. Q. Are you the author of the pamphlet that has been alluded to? A. Yes—I printed and circulated it—I sent a copy of it by post to Mr. Steinmetz—I did not go with the officer to St. John's Wood to arrest him—I went to point out the man—the officer would not go without some one—I did point him out at a distance—I was not told by the officer that I must come next morning to Bow-street—I swear that—we had a long inquiry before the the Magistrate on that subjeot—Mr. Burnaby promised to send word if it was necessary to attend—I am not practising as an attorney now—I have been on the Rolls for fifty years.
Several gentlemen of the bar deposed to the honourable character of the defendant.
NOT GUILTY .
52. THOMAS CHRISTOPHER WALKER (49) , Feloniously breaking and entering the dwelling-house of Henry Ernest and another, and stealing therein 3 ounces of attar of roses, and 1 bottle, their property. Second Count—feloniously receiving the same.
MR. COOPER conducted the Prosecution.
EDWARD TINDLAY . I am warehouseman to Henry Ernest, and another, wholesale druggists, of Old Swan-lane, Upper Thames-street—nobody sleeps on the premises—on 23d October, about 7 o'clock, I locked up the warehouse, and left everything safe—after locking it up, I as usual sent the key to Mr. Roach's house by the porter—about half-past 8 next morning I went to the premises, and found them in possession of the police—I found the safe had been opened by a key, and the contents wert scattered about the floor, as well as the contents of the cash-box—upon examining the stock a quantity of attar of roses was missing—I can't say the exact number of bottles, as it is not in my department, but to the value of about 90l.—they were in the safe when I left the evening before—the key of the safe was left in a desk in the counting house—that desk had been broken open, and the key was gone—the warehouse had been entered by a trap door in the roof—that was secured with a bolt—I should think it had been opened by a bar—it was forced open.
Cross-examined by MR. SHARPE. Q. Did you lock up the whole of the warehouse on this evening? A. Yes, myself—there are only two doors—I locked them both, and saw that all the windows were fastened—I did not see the trap door—that was seldom opened.
WILLIAM AUGUSTUS STEVENS . I am clerk to Messrs. Ernest—the attar of roses was kept in the safe, and the key of it was kept in my desk—when I went there in the morning, I found the safe open, and I missed twenty bottles of attar of roses from the safe—they had been there the evening before—the value of them would be about 90l.—I saw one of those bottles at the Mansion House—this (produced) is it—I can swear to it—it would contain between two and three ounces, English weight—the value of it is between 3l. and 4l.—I have one other of the bottles in my pocket—we sell them—I know this to be one of the twenty, because the twenty were bought in a
lump, and I have the invoice—we had not sold any of these—they had juste come over.
Cross-examined. Q. Did you count exactly twenty on the 23d? A. I did not count them on the 23d, but I know none had been taken out of the safe—I had counted them when I put them in the sale a few days before—none of them had been sold—other parties sell, but they do not take bottles from the safe, and the key of the safe was in my desk—I lock my desk up when I go out—I am the managing clerk, the head of the department—my master is very seldom there, and if he was there, he would not interfere—I never give up the key to him or any one else—the weight of the bottle is marked on the label—I know this to be one of the twenty bottles, by the label—I can describe the mark without looking at it—it is "P.O.A."—that is a mark put on at Smyrna, by those who export—that would only be put on in a particular lot—bottles are sent over to other persons besides my master, marked in the same way, but besides that mark, there is the number on the bottle, the gross weight, the tare, and the net weight, all of which agree with the invoice—I have looked at the invoice several times, to see whether the weight and number correspond with the bottle—the tare is the weight of the bottle, independent of the attar—that is marked on the label, and the number of drachms, in Turkish—that would be marked on all the bottles sent from Turkey, but I never saw a bottle marked exactly similar to this—the marks would agree, but not the weight and number—there is a separate number on each bottle—"58" is the number on this—that is put on for the purpose of identification—of course I could not swear that no other bottle would be marked "58," but it would be against all practice to do so—it would be very improbable—I have the invoice here, and there is only one No. 58 in it—it does not follow that there would be a number 58 in every case sent—they may begin with any number they like.
MR. COOPER. Q. If I understand you right, if a person was to send 30 boxes to me, I should end with No. 30? A. Most probably, and the next box perhaps would begin No. 31—that would be the way in which it would go on—I should not think that all the bottles sent by the same house would be marked "P.C.A." that would be the private mark of a particular lot—it is the private mark—there would not be the same number and the same import mark also—if the mark agreed the number would not, and vice versa.
JAMES WILLIAM ROCHE . I am one of the town travellers to Messrs. Ernest—I see stock when it comes in—about twenty minutes past five, on 24th October, the night after the robbery, I called at the shop of Mr. Baldock, in Aylesbury-street—I called there in the usual course of business—I remained in the first instance, and then left the shop and went into the back parlour—I saw the prisoner come in and produce this bottle of attar of roses—it was then in its original case, this tin canister—I was then let out by the back premises, and made a communication to a friend to get a policeman while I walked up and down before the shop—I then went in after waiting for some minutes before the policeman arrived, and the bottle of attar of roses, now produced, was placed in my hands by Mr. Baldock, and I recognised the article, he asked me if was a judge of attar of roses—I said that I did not pretend to be a great judge, but I knew something about the article—he said "I am offered this at a certain price"—he did not name the price—I asked what price he was asked for it—he said he was asked 10s. an ounce—that was in the presence of the prisoner—Mr. Baldock remarked that the quantity was too much for him to take, and that he knew I was in a
position to get rid of any quantity of attar of roses at a price—I said, "Yes, I can do any quantity at a price"—I then said, "Who has offered it to you?"—he said, "This is the party"—I turned to the prisoner and said, "Well, have you got any more of this article, because I can't give you 10s. an ounce for it, but I will buy it at a price; there shall be no mistake with regard to you or me—I do business on cash-payments—the fact is, I will take any quantity of it at a price"—I asked him if he had got any more—he said he had got five or six bottles more—I said, "As a matter of course you have got them with you, and they are equal to the sample you have produced to me"—he said he had not got them with him but could bring them in the course of a minute or two—I, not wishing to lose sight of the prisoner, said it did not matter, I would take a single bottle as sample of a lot—we then went farther into conversation, the question came to be about the weight; I asked him the weight, what he asked for the bottle of attar now produced—he said he should leave that to me; he did not know the weight—I remarked that I was not buyer and seller too, and that it was just probable he might turn up a week or two hence and say I had cheated him in the weight—I then said to Mr. Baldock, "If you will-be kind enough to find your Turkish weights, we will weigh this bottle"—Mr. Baldock searched for the weights for a few minutes and could not find them—we then said we would open the bottle and take the weight of the contents—in the first instance the gross weight of the bottle was taken, that is, the bottle and contents were put into the scales, then the bottle was emptied into a clean measure-glass and the weight of the empty bottle taken, which exactly corresponded with the net weight on the bottle—the gross weight of the bottle was three ounces and three quarters—I really forget the tare of the bottle, but it exactly corresponded with the mark on the label—at that time the bottle was full, it had not been opened—after this; my friend arrived with the policeman and the prisoner was given in charge—he then said a party round the corner had given it to him for sale—he remarked that Mr. Baldock had known him—he said he would go, and fetch the man who gave it him, if we would allow him to go by himself, but that it was not likely if the man saw him going with a policeman or with any disturbance about, that he would wait his coming.
Cross-examined. Q. Did he not tell you that he got it from a person of the name of Johnson, in Leather-lane? A. I heard that said at the station in Bow-lane—the policeman was present—I don't swear to the mention of Leather-lane—he said that a Mr. Johnson gave it to him—he did not say that before he got to the station—I can swear to that bottle as the property of Messrs. Ernest—before I went to Mr. Baldock's, I knew the marks upon the whole twenty bottles—it was upon seeing the P.C.A. on the bottle that I gave the prisoner in charge—I did not know the other marks until the invoice was compared with the bottle—the policeman came into the shop after the attar had been turned out of the original bottle—he was not there when the prisoner spoke about the weight of the attar—the prisoner agreed to let me have the lot for 9s. an ounce.
EDWARD CHARLES BALDOCK . I am a chemist of 30, Aylesbury-street, Clerkenwell—I deal with Messrs. Ernest—their traveller was in the habit of calling at my house—on the day in question the prisoner called at my shop about 5 o'clock—he showed me a bottle of attar of roses, and asked if I wanted any—I asked him how he knew it was attar of roses (the bottle was tied down)—how he knew what the contents were—before he gave me a reply, a little girl came in for some trifling article, and he left the shop
saying he would return in a few minutes—shortly afterwards Mr. Roche came in—in consequence of what I said to him, he went into an adjoining room, and while he was there, the prisoner came again—he then told me I could open the bottle and convince myself that it was attar of roses—I told him I had a friend in my parlour who was a better judge of it than myself, and I would submit it to his approbation, with his approval—he said he had no objection, and I called Mr. Roche, and showed it him—he said it was a very decent article, and if I could take some, and the prisoner had got any quantity he would take the remainder—I asked the prisoner how many bottles he had got—he said he had five or six more—I was present during the conversation that took place between him and Mr. Roche—Mr. Roche has given it correctly.
Cross-examined. Q. Did the prisoner say that in five or six minutes he could get the other bottles from his friend? A. No; he said in two or three minutes—it was in consequence of my asking him about the quantity of attar, that he went out of the shop—he returned in five or ten minutes—I was scarcely a minute talking to him before I called Mr. Roche—I did not go into the room to call him; I merely went to the door—the prisoner was then about the middle of the shop—he had never dealt with me before—he might know me—I knew him by sight—he has, on more than one occasion, offered me illicit spirits for sale—he was not asked whom he got the attar of roses from, till he got to the station—I did not hear Mr. Roche ask him—he volunteered the statement while the charge was being entered—he said he received it from a man of the name of Johnson—he did not say "of Leather-lane"—I think he said a person in Leather-lane gave it him to sell—he mentioned two or three names—he said he met a person at the corner of the George public-house in Leather-lane—he mentioned the name of Johnson.
MR. COOPER. Q. Did he mention any other name? A. He said afterwards he thought the man's name was Green—he said he could find him.
JOHN BEER (Policeman, G 219). I was called to Mr. Baldock's on this day and found the prisonert here—he was given into my custody by Mr. Roche—I asked him from whom he bought the attar of roses—he said he did not buy it of any one, but that a man round the corner gave it to him, and asked him if he knew where ne could dispose of it for him—that he did not know the man or where he lived, but he knew him very well by sight—I told him it was a very strange thing a man should give him a bottle of such valuable stuff as that, he not knowing him or where he lived—I took him to the station, and when he was charged, he said he got it of a man in Leather-lane, Holborn, by the name of John Williams—he did not give Williams' address—I did not go to Leather-lane—I afterwards went to 6, Gosset-street, Bethnal-green, which the prisoner gave as his own address.
Cross-examined. Q. Did he not say at the station that he had it from a Mr. Johnson in Leather-lane? A. He did not—I am quite sure of that—he never mentioned the name of Johnson at all there—he did at the Mansion-house—he gave his correct address.
WILLIAM A. STEVENS (re-examined). The mark on the invoice is P.A. and a C underneath it; and on the bottle it is P.C.A. all in one line—that was an error in the invoice of the broker's clerk, which it was not worth while to alter; but I can swear to the mark independent of that—all the other marks were compared with the invoice and corresponded.
GUILTY of receiving.
The prisoner was further charged with having been before convicted.
JOHN HARVEY (Police-Sergeant, G 9). I produce a certificate (Read; "Central Criminal Court, 5th April, 1852, Thomas Walker convicted of receiving.—Transported Ten Years")—I was present at the trial—the prisoner is the person so described.
GUILTY.— Six Years' Penal Servitude.
NEW COURT.—Thursday, November 29th, 1860.
PRESENT—Mr. Ald. CONDER, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MESSRS. SLEIGH and LEWIS conducted the Prosecution; and MR. RIBTON the Defence.— NOT GUILTY .
THIRD COURT.—Thursday, November 29th, 1860.
PRESENT—Mr. Ald. CHALLIS, and ROVERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Eighteen Months.
MR. COOPER conducted the Prosecution.
DAVID MCGREGOR . I am an engineer of Enfield-lock, Middlesex—I arrived in London on 13th September, and next day received a cheque from Thompson and Bonar for 39l., which I got changed at Messrs. Masterman's the bankers, and received for it two 10l. notes, nineteen sovereigns, and the remainder in small change—I folded the two 10l. notes separately, became in Russia, where I come from, notes are of very small value—I put them with the sovereigns, and the remaining five sovereigns I placed in another division of my pocket-book, which I placed in the breast pocket of this post—it is a deep pocket—I wanted my hair cut, and went to a shop at St. Mary-at-Hill kept by the prisoner—there is only the front room, the shop, for hair cutting—the prisoner and the little boy were there—I took my top coat off, folded it, and put it on a form—I sat down between the windows—the coat was then almost behind me—I could not see it—the boy was behind me; not above two yards off, playing an accordion—at the time I sat down, or a minute afterwards, he stopped shortly afterwards—there was no mirror before me—it was at my right hand, and I could not see it—after my hair was cut, I asked the prisoner if he had any hair oil or pomatum—he showed me some, and I purchased two bottles for half-a-crown—the prisoner was then before mo—he took out the bottles of hair oil and immediately afterwards he disappeared, and I paid the little boy who was close beside me—in fact, we were all three together when the hair oil was I brought—I had small change in my pocket-book, which I took out, and then replaced my pocket-book in my pocket—I left the shop and went to Aldis's dining-rooms where my luggage was—I dined with my top coat on
and then went down to see Colonel Dickson, at the Enfield Rifle manufactory—I counted my money next morning and missed a 10l., note—the other 10l. note was in the same compartment as I had put it—I also missed two sovereigns—in consequence of that I returned to London—went to the prisoner's shop about 2 o'clock, and said, "Do you remember me being in your shop yesterday?"—he said, "No, Sir"—I said, "I believe I must have lost 10l. note here, and I shall be willing to give you 3l. if you can restore it to me—he turned pale and said that he had not seen anything of it—he is paler now than he was then—I went to the bank and then to the police.
Cross-examined by MR. BEST. Q. Had you ever been to the shop before? A. No; it was the first time for four years that I had been in London—I pulled my pocket-book out at several places afterwards—there are separate compartments in it, I have one here precisely the same.
COURT. Q. You say in your depositions that you had been to the bank id stopped the payment? A. Yes, before I went to his shop—about half hour before—I had not taken the number of the notes, and I went to Masterman's to ascertain them—I told the prisoner that I had stopped the payment—I am positive of that—that was as near as I can recollect, store I said that I would give him 3l. if I could have it back, but I am lot positive.
ANTHONY WILSON MONGER (City-policman). On 29th October, I went to 84, Limehouse-causeway, which is a barber's shop—I went in and got shaved by the prisoner—I asked him if he had not kept a barber's shop in the City—he said that he had—I said, "I think I have seen you at St. Mary's-at-Hill?"—he said, "Yes"—I asked him if his name was Moore—he said, "Yes"—I told him that I was a police-officer, that he had no occasion to answer my questions unless he thought fit—I asked him if he remembered gentlemen calling at his shop to ask him about a bank note that he had lost—he said, "Yes;" but he could not tell to what amount—I asked him if he had bought any jewellery lately—he said, "Yes, a gold watch, which I paid five guineas for"—I asked him what he paid with—he said, "A 10l. note"—I asked him where he had got it from—he said that a stranger came into his shop who he had seen once or twice before, and seeing that he was rather flush of gold, asked him to change a note for him, that he did not like to do so, as he was no judge of notes—that there were two or three other persons in the shop, who he showed it to, and they said that it was good, and then he changed it for him—he said it was a short time after the prosecutor had left the shop, and that he had it in his pocket when the prosecutor came the next day, but was afraid to say anything about it, as he thought it might the same note, and was afraid that he would lose the money—I told him that we had traced the note through two or three different persons, and found that it was endorsed with his name—I then asked him where the gold watch was that he had bought—he said he had not got it—he had pawned it—I first heard of it about a month previous—I had looked for the prisoner, but could not find him.
Cross-examined. Q. You found another person occupying the shop? A. Yes.
COURT. Q. Was there any hesitation or difficulty in getting these answers from him? A. No—he spoke freely, and apparently honestly—I was not accidentally there—I went to be shaved to make sure that he was the man—I was shaved first, before I got into this conversation—his name was not over the shop door—he had only been there a short time.
a cheque was brought to me for 39l. 10s. 10d.—I gave two 10l. notes, numbers 65,470 and 71—this (produced) is one of them—there is also a cypher on it, H.M. by which I know it—that is in my book also.
RICHARD ADYE BAILEY . I am a clerk in the accountant's office of the Bank of England—I produce a cancelled Bank of England note, number 65,471, which was shown to the last witness—it has endorsed on it "Henry Moore, 31, St. Mary-at-Hill, Eastcheap, 15/9/60.
EDMUND SACH . I am a watchmaker of 172, Shoreditch—on 15th September, I sold a gold watch to the prisoner, and received this note produced—I wrote on it Henry Moore, 31, St. Mary-at-Hill, Eastcheap, which was the address he gave me—this is the watch (produced).
The prisoner's statement before the Magistrate was here read as follows:—"I don't see how I had time to steal the note, when the gentleman came in I hurried over him, and when I had done I ran up stairs, and when I came down stairs in about a minute and a half, he was gone, and I did not think anything of it. I took the book, and put down the grease the gentleman had bought, and about half-past 4 I was a cutting a little boy's hair, and a gentleman came in and sat down; I did not ask him what he came for; in the meantime two more came in, and the gentlemen who came in first gave his turn to one of the other gentlemen; I served that gentlemen he had given his turn to; the gentleman required change; I put my hand in my pocket to give him change. I had in my pocket about thirteen sovereigns, and a few odd shillings which I had been saving up for the last four months; I pulled a handful out to give him change, and the gentleman sitting on the form who gave his turn away said, "You are well up for money, perhaps you can give me change for this?" I said, "Well, I never took such a thing before, I would rather refuse it;" he then said, "Don't you think it good? you will save me a great deal of trouble." I then took it in my hand, and showed it to a young man in the shop, and asked him if it was good, and he said it was, and another gentlemen in the shop said, "Let me look at it," and he said, "Oh yes, it is good," and I gave him change, and he put his name at the back, and as I had never taken a note before, I did not think of having his address at the back. I then had it in my possession all the morning, and I gave it to a cousin of mine to get it changed; and I took and wrote my own name at the back of it, and he could not get it changed. I kept the note until the next day; I thought when the gentleman asked me if I had seen it, I had some suspicion about it, and told him I had not had it, for fear I should lose my 10l."
MR. BEST called
ROBERT COX . I worked for the prisoner eight months—he is a barber, and shaves—he had a concertina which I was trying to learn to play—I do not remember the prosecutor coming to the shop to be shaved—I remember seeing my master change a note—I think that was in September—it was about a fortnight before he left that house—two men were in the shop at the time he pulled out some money to give change, and one of them said, "You are rather flush of gold, will you be so kind as to give me change for this note?"—my master said, "I never took a note before, and would rather decline"—he said, "Do you doubt it being good," another man said, "It is good," and my master gave him change—that is the only note I ever saw him change.
Cross-examined by MR. COOPER. Q. Where did he take it from? A. Out of his waistcoat pocket—not the moment he came into the shop—he had been sitting down for a minute or two—I went out with my master on Saturday night and bought a watch; but I did not go into tho shop—I do not
remember his sending out his cousin to get change for that note before—he had a cousin, who is here—I do not remember tnat gentleman coming into the shop—I have been in Court all the time—it was between four and five o'clock when the man came into the shop—I do not remember the day of the month, but it was on a Friday, I believe; I am almost positive—I sometimes sit on a chair in the shop and sometimes I stand—I do not remember taking some money for some grease of a gentleman.
MR. BEST. Q. Did you ever see your master take a gentleman's coat, put his hand in the pocket, and take some money out of it? A. Never.
RICHARD COX . I am the prisoner's cousin—I succeeded to his business a fortnight after he left; I went in on a Monday morning in September—I was sent by him to change a 10l. note—he had put his name on the back of it—he came down to the place where I was living and asked me to get change for it.
COURT. Q. Did you see this "H. Moore" written on it? A. Yes—he wrote that in the room I occupy; out of my ink-bottle—it was on a Friday evening.
COURT to TOBERT COX. Q. Did you seethe gentleman do anything with the note before he got change? A. No—I went up stairs to get a bottle of water—I did not see him write any name on the note—there was a bottle of black ink in the prisoner's shop at St. Mary-at-Hill—I have seen the prisoner write letters with it, but not for three or four weeks before.
COURT to EDWARD IRELAND. Q. Does Masterman's bank ever re-issue notes? A. Yes, when they are in good condition, but I think this must have been a new note, because the two were consecutive numbers.
Prisoner. There was a looking-glass in front of the prosecutor as well as one at the side.
The Jury found the following verdict. That they believed the note was found in the shop, and that the prisoner found it not having the means of knowing who the owner was; that he afterwards acquired the knowledge who the owner was, and then converted it to his own use; that he intended when he picked it up to take it to his own use, and deprive the owner of it, whoever that owner might be; and that at the time he picked it up he believed that the owner could be found. THE COURT considered that this amounted to a verdict of GUILTY; but at the request of MR. BEST granted a case for the consideration of the Court of Criminal Appeal.
56. JAMES MULLEY (23), and MAURICE BARNARD (30) , Stealing, on 1st November, 9 whips and 12 pairs of braces. Second Count—stealing, on 2d November, 2 skins, 38 buckles, 2 brushes, 6 boxes of paste, and 1 ball of twine, the property of John Eldred, the master of Barnard; to which
BARNARD PLEADED GUILTY .—Recommended to mercy by the prosecutor. Confined Twelve Months.
MR. ATKINSON conducted the Prosecution.
THOMAS HUBBLE (City-policeman, 94). I saw Mulley in Fore-street, on the afternoon of 2d November—I know Mr. Eldred's premises well—he is a wholesale saddler there—it is a warehouse—Mulley had a parcel in his hands—he placed it in a cart, got into the cart and drove off—the cart was on the opposite side to Mr. Eldred's premises—a lad was in the cart—the parcel was about the size of this one (produced)—I got into a cab and followed him to 5, Church-street, Blackfriars-road, where the cart stopped—that is Mulley's residence—it is a shop—there are all sorts of saddlery in the window; brass, metal, whips, and articles in the saddlery line—I drew up when he stopped—I
got out, went up to him and told him I was a police-officer—he had got out of the cart—I was dressed in plain clothes; much the same as I am now—he did not say anything to me then—we went up stairs, and went into a private room—I said, "I believe your name is Mulley?"—he said, "Yes"—I said, "I believe you are a customer of Mr. Eldred's, of Fore-street, saddler?"—he said, "I am"—I said, "I believe you have purchased some goods there to-day, have you not?"—he said, "Yes, I have"—I said, "This is the parcel"—he said, "Yes"—I said, "Have you an invoice of it?"—he said, "No, I have not; I have lost it"—I said, "Can you tell me what the parcel contains; the articles that there is in it?"—he said, "Some buckles and other things"—I said, "Cannot you tell me what there is there?"—he made no reply—I said, "What did you pay for those things?"—he hesitated some time, and then said, "I paid 2s. 7d."—this is the parcel—I produce out of it thirty-two covered buckles, and I have also twelve brass buckles there, two curry-combs, one ball of twine, and two skins, those were contained in the parcel—I then searched the house—I found a quantity of saddlery up stairs—part of that is here—the prosecutor has had an opportunity of seeing that—I can produce it, if necessary, when the prosecutor is here—I asked Mulley about accounting for the possession of that saddlery—he said, "It is goods that I have purchased from time to time of Mr. Eldred."
COURT. Q. Did he say that in reference to the saddlery which you found up stairs? A. Yes—I asked him if he had got an invoice or bill of the goods he had received—he said, "No"—I took him to the station-house, with some of the goods; the rest I fetched afterwards—when I took him to the station, he was asked how he accounted for those goods—he did not take anything out of his pocket till he was searched—there was found on him five mane-combs, and six boxes of polishing paste—some were in his coat pocket, and some in his trousers-pocket—a brush was taken out of his pocket at his house—he was asked to account for the possession of them, and the parcel—he said, "I did not know what the parcel contained; the two brushes I brought away from my house for the purpose of finding a customer for them"—the others he could not account for, further than saying they were his own property.
Cross-examined by MR. STEELE (with MR. COLLINS). Q. From the time you first saw him till he went to his own place, did you lose sight of him? A. No—I was in a cab close behind him—my cab might have been sometimes forty yards from him, at the farthest; from thirty to forty yards—I did not remain one minute speaking to him, before I told him I was about to arrest him for receiving stolen goods—I did not ask him a lot of questions before I told him I was a police officer—I questioned him before I told him I should charge him with receiving stolen goods—I did not put all the questions before that, that I have told to-day; some of them I did—it was after I had put some few questions to him up stairs, that I told him I was going to arrest him for receiving stolen property—it was about when I asked him what he paid for them, and he hesitated, and I told him that if he did not tell me, I should find out—I said, "I believe you are in the habit of dealing with Mr. Eldred?" before I told him what I came for—I asked him what he gave for the goods—that was before I told him I was about to arrest him for receiving stolen goods—I believe I said before, that he hesitated when I put the question to him—I am sure he said he had lost the bill—I am sure as to the amount he said the goods came to—there was not the least concealment of the property I found at the shop—it was there in the ordinary way of business—I did not know what the parcel contained, before I opened it—I saw it
in the shop; uot in Mr. Eldred's shop—the prisoner did not tell me what goods he had ordered—he said he had bought some buckles, and other things—that was all he told me—I subsequently found that that was correct—I took the brush out of his pocket; he did not take it out—he put his hand on the brush, and I said, "I will take it," and I did so—I was examined before—I believe I remembar what I said before.
MR. ATKINSON. Q. Were the saddlery goods at the prisoner's house, kept in different portions of the house? A. Yes—it was the first-floor room in which I discovered the saddlery—it was a sort of bedroom—he hesitated about the price, and I said, "I can find it out by going to Mr. Eldred's;" and upon that, he told me the price, but not before.
JOHN ELDRED . I carry on business as a saddler's ironmonger, at 21, Fore-street, and have an extensive business there—Barnard was in my employ as a warehouseman, up to 2d November, and had been so about seven or eight years; I cannot state it exactly—I know Mulley—I have seen him occasionally at my warehouse—he has been coming backwards and forwards for purposes of business there, I should think, about twelve months—he was a customer of mine for ready money—I had no account with him—I have seen the articles that Hubble has brought here to-day—they are the same that were shown to me at the station-house—he showed me some property that was found in the prisoner's room up stairs; consisting of various kinds, the same sorts as we sell—I identify the goods produced by Hubble to-day; they are part of what was in our warehouse—the brushes have our name on them—the goods that were taken from our premises have our private mark upon them—on the afternoon of 2d November, I saw Mulley in our shop—Barnard was serving him—after Mulley had left, I went to Moor-lane police-station—I saw Mulley in custody there—I asked him how he accounted for having so many more goods in the parcel, than he had paid for at our warehouse—he said he did not know that there were any more than he had paid for; that he did not see what was packed up in his parcel—I asked him where he got the two brushes from, and some other articles also which were taken out of his pockets; some mane combs, and polishing-paste—he said he brought them from home with him; that he expected to meet with a customer, and, not meeting with one, he was taking them back again—I had given the officer previous instructions—I can hardly tell you the value of the goods in the parcel which Mulley put into the cart, without including the brushes and things taken from his person; but the skins and buckles and things in the parcel, would be worth considerably more than 2s. 9d.; about 15s. I should think.
Cross-examined. Q. Have you seen Mulley before at your warehouse? A. Frequently—he was a customer of our's—I never heard him ask to be served by Barnard—I never said to him that he could be served by Barnard his friend—if I had seen Barnard in the warehouse, disengaged, and Mr. Mulley not being served, I might have told Barnard to go and serve Mr. Mulley—I do not know Mulley more than in the ordinary course of business—I can identify these goods in the parcel—I can swear to these braces—we have not our mark upon them—possibly, you might get similar goods to these, in another warehouse—I can swear to them, because they were braces made to go to India, by particular order—Barnard had the order, and he showed them to me, and I told him they would not do—I cannot say that I told him to put them into stock to be sold—if they were put into stock, it would be quite right to have sold them—they did not answer for the
order—I do not say that any other of the property found in the house has been stolen from me—those braces might have been sold to Mulley in the ordinary way of business, or to anybody else that might go in as a purchaser—the prisoner might have bought similar goods from other warehouses, except that he would not have bought goods with our private mark on them—some of the goods found on the first-floor at his house, had our mark on them—we are wholesale, we send to those who might sell again; retail people—we are factors—all we sell is wholesale—there might be a few exceptions—we sell to people who sell again; not who sell again to the trade.
MR. ATKINSON. Q. What is the custom with regard to goods sold at your place? do invoices go out with them generally? A. Yes.
THOMAS BRIGHTMAN . I am a warehouseman in the employ of Mr. Eldred, of Fore-street—I have been in his service eleven years—I have been in the habit of seeing Mulley come to my employer's—I made a communication to the cashier—on 2d November, I saw Mulley in my master's shop—I saw him when he first came in—Barnard was not there then—I heard Mulley spoken to by Mr. Eldred—Mr. Eldred said Barnard would be in shortly, and would serve him—Mulley said very well, he would wait—I have, on more than one former occasion, known that to take place, that Barnard was out—Mulley has always expressed a wish to wait—on the 2d, he waited—I saw Barnard come in—we sell at the counter—if the quantity of goods bought is very small indeed, we pack them up as we sell them—a package like this one (pointing one out), would be supposed to be packed by ourselves—a large parcel, we should be supposed to take to the packer—at the time Mr. Eldred told him that Barnard was absent, the other men were doing their ordinary work—he was served by Barnard on that afternoon, with the goods which are now in Court, I believe—the invoice was written by Barnard, who packed the goods himself—it is our custom, when the invoice is made, to get somebody to check it—on this occasion, it was given to Mr. Taylor, the cashier, and he checked it—if we draw an invoice ourselves, it is checked by another to see if the amounts are carried out correctly, and the addition is correct also—the articles ought to have been called over, but on this occasion, it is evident, they were not—that is done by the cashier—he has a desk in the centre of the warehouse, where he is able to see all that is going on—our ordinary course of business, in checking the articles in the parcel, was departed from in this instance—while Mulley was purchasing these goods, Barnard went up stairs, and Mulley with him—we keep brushes up stairs, and goods of other kind; saddlery—while they were up stairs, I examined the parcel that had been left on the counter—I found in it, two curry-combs, a remnant of cloth, or serge you might term it, and these two pieces of leather; the buckles were not there—that was before the invoice was made—I saw Mulley leave the shop with that parcel—Barnard made it up.
Cross-examined. Q. Did you see it made up? A. I did—I opened it to look into it, when Mulley and Barnard went up stairs—it was not made up then; it merely laid there—it was made up afterwards by Barnard—Mulley stood in a position then where he could see all that was taking place—Barnard was inside the counter, and Mulley outside—in the ordinary way of our business, the goods are checked before they are made up into parcels; they ought to have been on this occasion: small purchases in the shop—these goods ought to have been checked—there should be no departure from that rule—there is no departure allowed; but there was in this instance—I
have known goods to have been sold by Barnard, that were not checked by the invoice; but I cannot speak to anybody else—I refer to Mulley in connexion with these transactions with Barnard—I informed our cashier and Mr. Eldred of it—that was at the commencement of the week in which the prisoners were taken—I told the cashier on the Tuesday, and Mr. Eldred on the Wednesday following—I was examined before—I was not asked that question before—when Mulley went up stairs the parcel was left on the counter—any one could have examined the parcel—there was an attempt at concealment of what was in the parcel—Mulley took the parcel with him—the cloth and the buckles were so wrapped together, that it would deceive any one; and to see what was in the parcel I had to unroll the cloth—I had a perfect opportunity of doing that.
WILLIAM TAYLOR . I am cashier to Mr. Eldred—I remember seeing Mulley in my employer's shop on the afternoon of 2d November—I saw-Barnard serve him—Barnard brought me an invoice—Mulley was standing there at the time—I checked it—I can remember what was in that invoice—there was half a-dozen buckles, half-a-dozen mending links, one mane-comb, one curry-comb, and a collar-cloth, 1s. 3d., I am not certain whether it was one yard—it was 2s. 7d. altogether—from my knowledge of the business that would be the price that these articles would fetch if sold new—no other invoice of any other goods was brought to me on that occasion of Mulley'a transaction with Barnard—I did not count the goods over in the parcel—that was the only money received from Mulley that day—I saw them go up stairs together—I am not quite able to say how long they were absent; I suppose from ten minutes.
Cross-examined by MR. STEELE Q. Were you there the whole day? A. Except when I was at dinner—my assistant takes my place then at my desk—I have sworn that no cash but 2s. 7d. was taken from Mulley during the whole day.
MR. ATKINSON. Q. Are monies received in your absence accounted for to you on your return? A. They are entered in my cash-book, and the-money given to me when I return.
MR. STEELE. Q. Is the name of every one who lays out money entered? A. The name and the goods—we make an entry of every puchase for ready money; either the name or the goods is entered—in this instance I put down the name and 2s. 7d.; but in some cases I do not know the name, and only put down the articles.
MR. ATKINSON. Q. When you know the name, do you put it down? A. I do—I knew Mulley's name—I had, on former occasions, put down monies I had received from Mulley.
MAURICE BARNARD (the Prisoner). I have been in the employ of Mr. Eldred for sometime past—I first became acquainted with Mulley about a twelve month ago, I think—I believe he was then a customer's journeyman. He used to come backwards and forwards to the shop—I have changed him lower generally for my master's goods than I have charged the generality of customers; I do not think my master, or any one else in the place, knew of that. It has been for perhaps the last two months that I have charged him lower—I did not supply him on 2d November with these two skins; he brought them to the warehouse with him tied up, and asked me to enclose them in his parcel—I had a conversation with Mr. Eldred about those skins at the station. I let him have those covered buckles; I could not exactly enumerate the things I let him have on that occasion, but I know there were several little things put in the parcel which Mr. Mulley did not
pay for—I could not enumerate the articles; I do not remember them; I believe it was 2s. 7d. that he paid on that occasion—I have put a few things in his parcel two or three times, perhaps.
Cross-examined by MR. STEELE. Q. When did you first know that you were to give evidence here to-day? A. Just now, for the first time—I remember being at the station-house—I was asked several questions by the Inspector and by Mr. Eldred.
MR. ATKINSON. Q. What were you asked? A. I do not remember exactly what the questions were—I was so excited at the time.
(THE COURT considered that there was no evidence on the First Count.)
MULLEY— GUILTY on the Second Count.— Confined Twelve Months. He received a good character.
OLD COURT.—Friday, November 30th, 1860.
PRESENT—MR. RECORDER, and Mr. Ald. CONDER.
Before Mr. Recorder.
57. JOHN COOPER (21), JOHN JONES (20), ELLEN DAVIS (21), and GEORGE GIBBS (20) , Burglariously breaking and entering the dwelling-house of Richard Goodman, and stealing therein 19 shawls, value 40l., and 5 mantles, value 10l. his property
MR. COOPER conducted the Prosecution.
RICHARD GOODMAN . I am a linen-draper, of 9, Tarlington-place, Paddington—on 7th November I fastened up my premises and front door, and went to bed—there is no back door; there is a skylight over the shop secured by four irons; it is a large piece of plate glass, as much as two men can lift; it is always closed, and was closed that night—the shop communicates with the house by a passage—I was not disturbed in the night—I arose in the morning at about half-past 7, and found the shop in a state of confusion, and many of the goods pulled about—I missed about 50/. worth of property—there was a rope under a skylight on the carpet, the skylight was removed; a person could drop himself by that rope into the shop—to get to the skylight they must have secreted themselves in the shop and mounted a wall, this (produced) is some of my property; it was taken from my shop that morning; it has my private mark on it—I went to bed at 12 o'clock.
Cross-examined by MR. LLOYD. Q. What sort of a mark is it? A. The cost price and the selling price, which is generally removed when we sell.
MR. COOPER. Q. Were these wrappers brought to or taken from your shop? A. They made use of my things as wrappers.
WILLIAM HOWSE (Policeman, D 97). On 8th November, about quarter past 5 in the morniug, I was on duty in George-street, Lisson-grove, about half a mile from the prosecutor's premises, and saw the four prisoners standing at the side of a costermonger's barrow—Cooper had just got the handles of the barrow, he took one of these bundles out of it, and Gibbs took another, James laid his hand upon another bundle—the woman Davies said, "Here is a policeman," and they dropped the bundles and ran away—Cooper ran into 15, George-street, Jones and Gibbs into No. 14, and Davies into No. 16—I sprung my rattle, got the assistance of another constable, went into No. 15, and found Cooper hiding under a staircase—I asked him what he was doing there—he said, "Nothing"—I told him I should take him into custody for
having this property in his possession—he made no answer, and I took him to the station—I was about three yards from them when I first saw them, and knew them all before well—I am quite sure of them—I have known Davies many years—I had seen them all four together about 1 o'clock that morning about ten yards from where I took them in custody, at the corner of George-street—the barrow was close against a lamp-post.
Cross-examined. Q. Have you been examined twice before? A. Yes; once when Cooper was taken, and once when the other three were taken—I have not always given the same account, because when I first gave evidence there was only one prisoner—I have been examined three times before the Magistrate—I said on the first examination before the Magistrate that I taw the prisoner and another—I was asked about the numbers of the doors they ran into, and I would not swear to them, but I knew the doors—there are no numbers on the doors in George-street—I have said that one man ran into No. 15 and the others ran away; I now say that two ran into 14, one into 15, and the woman into 16, that is true—the barrow was not a yard from the lamp, and I was about six yards from it when I first saw them—I hid myself behind a cart which enabled me to get close to them—I have not said before that I saw them all four together at 1 o'clock—they were then standing opposite the window of a coffee-shop, that was quite light, as there are never any shutters up—it is at the corner of the street and there is a lamp at that corner.
Prisoner Cooper. Q. I was standing at the door, going to call a man up to go to his work, and if you saw me, why did you not take me up at once? A. I took you as soon as I saw you.
Jones. Q. Could you see the barrow, which was underneath the cart? A. It was not—I stated that another man was present, I did not name him—I did not want to name the others till they were taken—I told my inspector, and more men were employed in plain clothes to look after you.
Davis. Q. Was there not a chain on the door? A. I believe there was, but the door was open on this occasion—Mr. Hyde was in the kitchen, and I believe that is the way the person went—Mr. Hyde has got all the houses in that street, and you can go from one house to the other—they all communicated, and there are nothing but thieves and prostitutes living there—I have not prevented the landlord or any man from coining.
RRCHARD HOARE (Policeman, D 46). On 8th November, about half-past five in the morning, I was in George-street, Lisson-grove, and saw the three male prisoners standing at a costermonger's barrow in the act of taking three bundles—I came in at one end of the street and Howse at the other—I came within ten or twelve yards of the barrow—I had seen them all together about half-past 11 or quarter to 12 in George-street, talking at the same door as they ran away to—I did not see them after that till they were taken—I know them all quite well—the woman was standing on the step of the door.
Cross-examined. Q. Have you ever said before that you saw them before half-past 11? A. I was not asked the question—I was not with Howse—he came in at one end of the street and I at the other—he was on one side of them, and I at the other—I came right down the middle of the road—there was a cart between Howse and the prisoners, but nothing between me and the prisoners—the barrow at which they were was right under a lamp.
Prisoner Cooper. Q. The woman had to run from No. 15 to 16 to get in; why did you not take her? A. She did not come my way—I went into the house that you went into, and found you concealed under the stairs—No. 14
is only a passage down to a yard—we could not go in because neither of us had a lamp—we sprung a rattle, got a lamp, and went in.
Jones. Q. Did not you state before that you were standing at the bottom of George-street? A. No; I said near Steven-street—the doors were right opposite you, and I believe you went down No. 14—I could not see whether it was 14 or 15; the doors are so close together—that was towards me and right opposite the barrow—the barrow was not under a dead wall—it was right under the lamp—I did not catch you because you got in before we got up to you.
Davis. Q. What door was I standing at? A. At the step of No. 15—I did not say that you were all four at the barrow—you ran to No. 15—the doors 14, 15, and 16, are all close together—I think there are only two lamps in the street.
JURY. Q. Are the houses near the middle or the end? A. Near the middle—the middle is not dark, because the lamp at the school is right in the centre of the street, and the other lamp is near James'-street; the street is not more than fifty or sixty yards long—it is built all along—I do not know how many numbers there are—there are twenty houses; some on each Bide, and there is a chapel and school on one side—there are seventeen houses on one side—No. 1 is opposite No. 15, and the lamp is opposite No. 15.
MR. LLOYD. Q. Have you not said that they all ran into the house? A. Gibbs and Jones ran into the passage, which is counted as a house; but it goes into the yard—there is a cottage in the yard, and they could not get away—I did not say that they all ran into one house.
----BRIDE (Police-inspector, D). On 8th November, I examined the prosecutor's premises—a rope was afterwards given to me.
Cross-examined. Q. How far is Tarlington-place from George-street? A. Between a quarter and a half mile.
WILLIAM BOWDEN (Police-sergeant, D 11). On 7th November, about a quarter past 12, I was passing down James'-street, and saw the four prisoners standing at the corner of George-street, about half a dozen yards down—I was coming down the Edgeware-road at about 4 o'clock in the morning and saw Davis standing on the kerb, within ten or twelve paces of the prosecutor's house—I believe she saw me—I halted on the opposite side, and she immediately walked across to my side, and turned down Erie-street towards her own house—about ten minutes to five o'clock I was standing in Devonshire-street, Lisson-grove, drinking a cup of coffee at a stall, and Davis passed me again—it would take her about four minutes to walk from the prosecutor's house to there—as she passed me I said, "Where have you been, Fan?"—she said, "I have been taking a walk; if you think I have been doing anything, take me and search me"—I was a dozen yards from the corner of William-street, and she turned round William street, abusing me—that is towards her own home—there is an archway down Steven-street leading into the court where she resides—I watched her down there, and, thinking she was going home, I went on, and met Inspector Bradick—we walked straight down William-street into George-street, and heard a rattle springing, and in George-street we found Cooper in the custody of D 46.
Cross-examined. Q. When you saw the four together, where were you? A. In James's-street; and they were in George street—there is a lamp that
reflects down the street—I am positive of the identity of the three male prisoners—I know them all well—I have seen them repeatedly.
Cooper's Defence. The policemen make a regular rule if they see a man employed, to get him out of employment and get him into trouble.
They were all four charged with having been before convicted.
WILLIAM FARLEY (Policeman, D 297). I produce a certificate (Read: "Westminster Sessions, January, 1856. Alfred Cooper, convicted of stealing a handkerchief from the person, having been before convicted.—Sentenced to Four Years' Penal Servitude.")—Cooper is the same person—I was present at his trial.
GEORGE JERRAM (Policeman, D 295,) I produoe a certificate (Read: "Central Criminal Court, August, 1855. Osmond Redwood, convicted of burglary.—Confined One year.")—I was present—Jones is the person—I had him in custody.
WILLIAM HAMMOND (Policeman, D 273). I produce a certificate (Read: "Westminster Sessions, September, 1856. Henry Ashton, convicted of stealing two coats, a cruet stand, and a spoon, in a dwelling-house, having been previously convicted.—Sentenced to Four Years' Penal Servitude.")—Jones is the man—I had him in custody—he served the whole four years, and is only just out—I produce another certificate—(Read: "Westminster Sessions, September, 1857. Ann Brown, convicted of feloniously receiving one copper, having been before convicted.—Sentenced to Three Years' Penal Servitude.")—I was present at that trial—Davis is the person—she is only just out, and when Jones was tried in September, she was tried also.
JOHN LODDER (re-examined). I produoe a certificate (Read: "Central-Criminal Court, April, 1859. John Thompson, convicted of feloniously receiving a ring, a pencil case, and other articles, value 140l. knowing them to have been stolen.—Confined Eighteen Months.")—I was present—Gibbs is the person.
COOPER—GUILTY.— Eight Years' Penal Servitude.
Six Yers' Penal Servitude.
DAVIS—GUILTY.— Four Years' Penal Servitude.
NEW COURT.—Friday, November 30th, 1860.
PRESENT—Mr. Ald. CONDER; Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
WILLIAM SMITH . I live in Canonbury-street, in the parish of St. Mary's, Islington—I went to bed about half-past 10 o'clock on the night of 15th November—I was the last person up—I fastened the house myself as usual—amongst other things I fastened the washhouse window—it fastens with a button inside—there was an outside shutter and two bars in front—I was not disturbed in the night—I came down about 7 o'clock in the morning and found the house had been broken into—an entrance had been effected by this window—one of the bars had been forced from its place and taken down—a pane of glass was broken, the inside fastening undone, the window open, and that gave access to the interior of the house—I missed three
towels and other articles—a policeman afterwards showed me some things—they were some of the things which I lost—they are mine—they were safe when I went to bed, and were gone when I got up—my female servant was up before me; she is not here—I got up in consequence of being called by her—persons get to that back washhouse window across the garden—I can't tell how they got into the garden, it has walls round it—on the other side of the wall are houses, they go all round—there is an opening in Northampton-street where they could get into the inside of the square—to get to my house a person would have to get over several walls—no other part of my house showed any signs of having been broken into—the wash-house communicates with the house by a door inside—you have not to go out into the open air to get into the washhouse.
WILLIAM WILCOX (Policeman, N 504). I was on duty on the morning of 15th November—I saw the prisoner about ten minutes after 4 o'clock in Northampton-street, which is near Mr. Smith's—there were three others with him—he had this bag of property (produced)—I said to him, "What have you got, let me see it?"—he said, "What do you want to do that for?"—I said, "This is very early in the morning for you to be out with a bag of things like that"—I took him to the station and found in the bag these things which I afterwards showed to Mr. Smith—I do not know what became of the other persons—they ran away directly I took the prisoner—these are the articles—the prisoner said he was a dealer in clothing—I asked him where he came from that morning—he said he had come from Holford in the country.
Prisoner's Defence. Do you think it possible with one arm and one leg for me to climb several walls, break an iron bar and force the shutters open and break into a window and get these things, and then climb over all these walls back again. I can hardly walk on level ground. I am a paralytic on one side and cannot use one arm and leg; since I have been afflicted I get my living by cleaning boots with one hand. I was out all this night. I had no money to pay my lodging. I knew a young man at Islington who owed me a shilling, and I thought I would go and ask him for a sixpence to pay my lodging; I waited there till past 12 o'clock, and then he had not come home; I did not know what to do, so I walked about till the morning. I was going along the Lower-road, Islington, at about half-past three, and I was stopped by two men and they asked me if I had a mind to earn two or three shillings; I said I should like it, and they gave me this bundle to carry, and I was along with them when the policeman took me, and I have been in custody ever since.
GUILTY on the Second Count.— Confined Six Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Nine Months.
Before Mr. Recorder.
PLEADED GUILTY .— Ten Years' Penal Servitude.
PLEADED GUILTY .— Confined Four Months.
Before Mr. Justice Byles.
62. GEORGE SHORTER (18) , Stealing 4 copper rings, 2 pieces of copper bolt, and other articles, also 2 copper bolts, 3 copper rings, and 9 pieces of copper, the property of her Majesty the Queen; to both which he
PLEADED GUILTY .— Confined Three Months.
Before Mr. Common Serjeant.
MESSRS. COOKE and POLAND conducted the Prosecution.
CHARLES DAGNALL . I keep an oyster and greengrocer's shop in Woolwich—on Saturday night, 27th October, I was outside my shop, and saw the prisoner walk up and down once or twice—he was alone—he then came to my stall, and he asked me to open him some oysters—I opened two or three, and put them down—he had several coins, and threw a shilling down—after I had opened one or two more oysters I took the shilling up, and put it in my mouth—I said, "This is bad one"—he said, "Is it? here is another," and he gave another—I said, "This is worse than the other"—he said, "I cannot change that"—I said, "You have more money in your hand"—he said, "I can't spare that"—I took out of his hand a half-crown, and said, "This is a bad one too"—I asked him where he got this money—he first said in change for a half-sovereign, and after that he said that a girl gave it him—I told him if he did not pay me I would lock him up—he said the first man that kid a hand on him, he should kill him—he ran off, and I and several others ran after him—he was taken—I had the three pieces in my hand, and I gave them to the constable—the prisoner did not say whether he knew the person he had the money from—he said it was from a girl
JOHN HOSKINS (Policeman, R 283). I was on duty, and the prisoner was caught, and brought to me—I took him—he became very violent on the way to the station, and tried to get away—I took him to the station, searched him, and found on him a florin, a shilling, two sixpences, and a fourpenuy-piece, all bad—he had no good money about him—this is the half-crown and the two shillings I got from the prosecutor—the prisoner said he received this money from a girl—I asked him if he knew her—he said he should know her again if he saw her—I asked him if he knew where she lived—he said, "No. "
Prisoner. I was drinking in the Bedford Arms, and a girl was drinking in my company; I got up to go, and she followed me, and asked if I was going home; I said, "Yes," and she told me not to go without money as she had plenty, and she gave me this money. If I had thought it was
bad I would not have offered it. I got it about 12 o'clock; I did not know it was bad.
NOT GUILTY .
PLEADED GUILTY .— Confined Two Months.
MR. COOKE conducted the Prosecution.
THOMAS GARFORTH (Police-inspector, E). I produce a certificate (Read: "Central Criminal Court, February, 1859, Edward Atton, convicted of unlawfully uttering counterfeit coin twice within ten days. Confined Fifteen Months.")—the prisoner is the person named in that certificate—I was at the trial.
CHARLOTTE DUKES . My husband is the landlord of the Prince of Wales public-house, Deptford—on Saturday-night, 10th November, the prisoner and another man came into our public about half-past 11 o'clock at night—one of them called for a pint of porter—he was served with it—that was, I think, the other man—I was paid 2d. by the one who ordered it—about 10 minutes or a quarter of an hour after that, the prisoner called for a quartern of rum—that was 6d.—I served him—he put a sovereign on the counter—I asked him if he had not smaller change—he said, "No," he wanted it changed—I took it up, and saw it was a light one—I took it in to my husband, who was in the bar parlour—he came out and interrogated the prisoner.
GEORGE DUKES . I remember my wife coming to me in the bar parlour, on Saturday-night the 10th, and showing me a counterfeit sovereign—I went to the bar and saw the prisoner and another man there—my wife pointed the prisoner out as the person from whom she got the sovereign—I took the sovereign like this, and said, "This appears to me like a rum un, a bad one; where did you get it from?"—he said, "I met a pal of mine in the Kent-road, as I was coming down; I told him I was hard up; he put his hand in his pocket, and gave me this"—I asked him the man's name—he did not know his name, or where he lived—I sent for a policeman, and gave both men into custody—the other was afterwards released—I gave Finch this coin—I had seen the prisoner at my public-house two or three times, and on the Thursday before.
JOHN FINCH (Policeman, R 101). I received the prisoner into custody with this counterfeit sovereign (produced) from the last witness on 10th November—I inquired of the prisoner how he came by it—he said he was coming along the Kent-road, and met a pal of his, and told him that he was hard up, and the pal put his hand in his pocket, and said, "This will carry you a little way," and when he looked at it it was a sovereign—he told me his name was Edward Archer—I searched him on the premises and found only a farthing—he was remanded—after he left the police-court on the first occasion, he said the man's name was Bishop, an engineer, or engine driver, in the employment of the South Eastern Railway—I inquired there, but there was no such man working in the Compauy's employ.
Prisoner's Defence. On Saturday-night, 10th November, I was going down the Kent-road, and when I came by a public-house a man called "Archer, where are you going?" I said, "I am going to Deptford, how do you know me?" he said, "I know you well, I know your brother;" he asked me how I was getting on, and whether I would have anything to drink; I said I would rather not. I told him I had been out of work a fortnight; I said, "I am
not very well off;" he said, "Here is something to carry you on a little while," and he gave me this sovereign; I took it in my hand, and saw what it was, and put it into a little bag, where I had a farthing. I wished him good night; he said, "Oh! you might as weil call on me;" he mentioned the name of the place where he lived; I forget it. I went to his house afterwards; he was not at home; I had some tea there, and then he came in; he took me to a public house, called for some ale, and gave a sixpence for it; I said I was rather tired; I called for some rum, and gave the sovereign; the landlady took it away into the bar parlour; they both came out togethar, and said it was a bad one. That is the truth.
GUILTY .**— Five Year's Penal Servitude.
Before Mr. Common Serjeant.
MR. SHARPE conducted the Prosecution.
JOHN AUGUSTUS FREDERICK SPOONER . I am a licensed victualler, and live at 210, Grange-road, Bermondsey—on 21st October I was in the church of St. Mary Magdalen—I have a pew there—it is in the parish of St. George the Martyr, Southwark—when I left the church in the morning I left some books in my pew—two hymn-books, a Bible, and a Prayer-book—the two hymn-books were shown to me afterwards by one of the witnesses; I forget his name—I recognised them as belonging to me—I had left them in the pew in church, on the 21st—I missed them on the 28th, the following Sunday—the hymn-books were brought to me on Monday the 29th—these (produced) are them.
MARY LEWIS . I am pew-opener of St. Mary's church—on Friday, the 26th, I left the church shortly before 1 o'clock—I went round to each door and saw every door secure—I looked up the church and took the keys to Mr. Langford.
FANNY LANGFORD . I am the sextoness of St. Mary's church, Southwark—I received the keys on Friday the 26th. from the last witness—on Saturday, the day following, I went to the church about half-past 10 in the morning—I found it in very great disorder, all the books lying about the aisles, the Communion table all pulled about, and the charity boxes all broken open—there was a casement window which does not open; some panes of glass were cut out of it—a large Bible and a hymn-book were gone from the Communion table—I found the doors locked all right—one door was unbolted from the inside—the names are in the books.
EDWARD HAGGER . I am barman at the White Hart, Walworth-road—on Saturday, 27th October last, the prisoner came in there about half-past 7 in the morning—he brought a parcel and asked me to take care of it till he should call for it—it was in a coarse wrapper—I saw him several times that day—he called again in the evening about 5 o'clock, and I gave him the parcel—he opened it—I saw what was in it—it was religious books—he opened some of them—he offered to sell some to me—I declined to buy
them—he sold them to Robert Drew for a half-crown—after that he asked me to take care of this church service—I afterwards gave it to the constable who has just produced it—this is the wrapper (produced) in which the books were.
Prisoner. Q. Have you known me? A. Yes, two years; by using the house.
ROBERT DREW . I live at 3, New-street, Kent-road, and am a plasterer—on Saturday, the 27th, I was at the White Hart public-house, Walworth-road—the prisoner was there—he had the books in his possession—he offered me seven of them for sale—he said he had picked them up—I gave him a half-crown for them—I was rather in liquor at the time—in consequence of what a friend said to me I took all of them to Mr. Spooner—I had not heard, before I went to Mr. Spooner's house, that the church had been broken open—I and my mate had some ale together at the Rockiugham Arms—I saw the prisoner there—he came in and asked me to give him a glass of ale, and I did so—he had nothing with him then.
Prisoner. Q. Have you known me? A. Yes; by using that public-house.
ROBERT CASTLE (Policeman, P 339). On Monday, 29th October, Drew came to the police-station and gave the acting-inspector the books which I have produced—as I was on duty I had to go in search of the prisoner by the inspector's ordere—I went up the Walworth-road, and succeeded in about a quarter of an hour in apprehending the prisoner—I said, "Bill, I want you?"—that is the name he generally goes by—he said, "What do you want me for?"—I said, "I want you to go to the station with me"—he said, "For what?"—I said, "To give an account to the inspector of how you became possessed of those books that you sold to Drew"—he said, "I can soon account for that; I found them in the Walworth-road, by Mr. Mix, the greengrocer's"—that is nearly opposite the White Hart—I took him to the station—he was searched, and went before the Magistrate—I found on him a two-shilling piece—on the Tuesday morning I received information that the landlady of the White Hart wished to see me, and there I received the Church service which is identified by Mr. Tucker—I also received the other books which I have produced to-day—the church is near upon half a mile from the White Hart.
Prisoner. Q. Did not you go to Mr. Mix, and did not he tell you that he gave the two-shilling piece to my boy to pay the rent with? A. Yes—it was found on you in searching you at the station—I never knew you to be locked up before.
ROBERT ARTHUR SMITH . I live at 15, Surrey-square, and am one of the church wardens of the district church of St. Mary Magdalen, in the parish of St. George the Martyr, Southwark—William Bird is the other church-warden.
Prisoner's Defence. On Saturday morning as I was coming down the Walworth-road I went up to Mr. Mix's doorway and found the parcel lying there; I picked it up, took it to the White Hart, and asked the barman to take care of them till I called for them; he said that he would; I went then and saw Mr. Drew and he asked me to have a glass of ale. I earned 1s. that morning; I came home about 2 o'clock and had my dinner; I went to the White Hart in the evening, asked the barman for those books, and he gave them to me; there were about ten or eleven people sitting in front of the bar; I opened them before everybody. I said I would take them up to the station on Sunday morning; I went away then. I went back again and saw
Drew, and he said he would give me a half-crown for them; I sold them for the half-crown. I know nothing about breaking into the place. I worked at the Great Northern; at coal carrying.
COURT to FANNY LANGFORD. Q. Was any money lost? A. About 11d., I think—the charity boxes did not contain much—they are emptied on the Sunday night.
NOT GUILTY .
MESSRS. CLERK and POLAND conducted the Prosecution.
JANE THOMPSON . My husband keeps a coal shed—on 18th August the last witness gave me a half-crown and I gave her change—I gave the same half-crown to Mr. Tittersell, and the same evening Mr. Tittersell gave me a bad half-crown—I marked it and put it in a tea-cup—on Friday, 19th October, the prisoner came and asked for 14lbs. of coals—the price was 2d.; I served her and she gave me in payment a shilling—I gave her 10d. change and she left—I laid the shilling on the table, and directly after she was gone I found it was bad—I put it with the half-crown in the tea-cup—on Tuesday, 23d October, she came again and asked for 14lbs. of coals—I served her—they came to 2d., she gave me a half-a-crown—I looked at it and found it was bad—I said, "Have you brought me another half-crown? I have got some more of your coin in-doors, and even last Friday you brought me a bad shilling, and you have not been in the shop since"—she said, "Yes, I have, and your daughter served me"—I said, "I have no daughter old enough to serve"—I called my niece, and the prisoner put down the coils and ran away out of the shop—I followed her—she went into No. 42, Landudown-terrace—I sent my niece for a constable and went with him to No. 42, Laudsdown-terrace; we looked for the prisoner, she was not there—on 31st October I went to Mint-street, which is hardly half a mile from my place—I saw the prisoner and followed her to No. 13, Mint-street—I laid hold of her and said, "I have got you now for the bad money"—she said, "I know you have, let me get my bonnet and shawl—I said, "No, I shall not leave you"—I gave her in custody, with the two half-crowns and the shilling.
MARY TITTERSELL . I live in Clarendon-street, Southwark—on 18th August Mr. Thompson gave me a half-crown—I offered it to a person who said it was bad—it was not out of my sight—I took it back to Mr. Thompson the same evening.
WILLIAM MARTIN (Policeman, N 248). I received these two half-crowfw and this shilling from Mr. Thompson—on 31st October I took the prisoner in a passage at No. 13, Mint-street—I told her the charge, she said, I did not utter more than two pieces.
GUILTY .— Confined Six Months.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Fourteen Days, and Three Years in a Reformatory.
JOHNSON— PLEADED GUILTY .**— Six Years' Penal Servitude.
BURDETT— PLEADED GUILTY .— Confined Nine Months.
MR. BEST conducted the Prosecution.
HENRY CROTFORD . I live at 32, Hampton-street, Harrow-road, and am a porter—I know the prisoner—I was present at Christ Church, on 27th September, 1848, when he was married to Harriet Harris, ray wife's sister—she is in Court now.
Cross-examined by MR. METCALFE. Q. Did they go over to America? A. Yes, in September, 1856—the first time I saw the prisoner again in this country after that, was at Lambeth police-court—his wife returned, the latter end of July, or the beginning of August last—I am not aware that the prisoner sent her a halfpenny to America—it was by his own wish that he left her there, she had no wish to stop—I know nothing of his losing any money by the stoppage of the American bank—I believe that is all false—I know that several American banks did stop—he had no money, he was a labourer—I heard from his brother four or five months ago—he was living with a second wife—I knew that my wife's sister was alive, because we kept up a correspondence, every two or three months—these proceedings were taken about a month ago—my wife took them—she wrote to Mr. Hamblin in February, or got a letter written, and it was a month after Mr. Hamblin came back, that we ascertained the name of his second wife, Anne Parker—my wife wrote to the prisoner in March to send money to his wife for her support, and said that if it was not sent, proceedings should be taken—proceedings were not taken till August, because they were not aware that he was married.
MR. BEST. Q. Was the money to save his wife from the workhouse? A. Yes.
WILLIAM PARKER . I am a gardener at 10, St. George's-place, Water-lane, Dulwich—I know the prisoner—he was married to my daughter Anne, on 24th May; 1858, at St. Matthew's Church, Brixton—I was present and gave her away—I saw her some years ago—he began to court my daughter when he came from America, that was before Christmas 1857—I cannot exactly say the time—he visited us as a friend, and came again after he came home from America—he said that he had been over to America, and had gone through great hardship; and the next time he came, he said that his wife was dead.
Cross-examined. Q. Was he in mourning at that time? A. I did not take particular notice—he was inspector of nuisances at Ewell—his name was up there—he was there fourteen or fifteen months.
SAMUEL HARRIS . I am a shoemaker of 11, Ernest-street, Notting-hill—the prisoner's first wife was my sister—I remember his going to America—I saw him when he came back in January, 1858, and asked him where my sister Harriet was—he said that he had left her in America—I asked him if he was not going to send over for her—he said, "No, I never intend to live with her any more; but as soon as I get into employment I will allow her half of my wages."
Cross-examined. Q. Did he tell you that she had remained in New York? A. He said that he had left her in New York—she had no relations there,
only country people who she was staying with—she had been in the habit of earning money, independently of him; she has been obliged to do so to try and get a living for herself—she was obliged to learn shoebinding and got a trifle in that way—I do apt know where they were in America—she used to write to my other sister, and one letter used to do for us both—the prisoner mentioned to me about the bank breaking, and said that he had lost some money—I know nothing about his being obliged to go to Chicago to work.
CHARLES REVILL (Policeman, N 175). On 18th August, I went to Ewell to look for the prisoner, but did not find him—I looked out for him afterwards, and found him at Southend in the name of George Young—after putting a question to him respecting a gun, I told him that I had a warrant for his apprehension for bigamy—he asked me if I would let him go in doors—I permitted him to do so—he said to his wife, "This is a new tiling, I understood that she was dead, and they are now going to take me to London"—I told him that he must accompany me to the station—he told me at the station, that his wife went with him to New York, where he could not obtain employment; that he went on to Chicago, where he obtained a situation, and wrote to his wife to come there; but as she would not come, he came away to England—I have been to Christ Church, Marylebone, and obtained this certificate—it is a true copy of the register—I also obtained this other certificate from St. Matthew's, Brixton—that is also a true copy—(The certificates were here read).
Cross-examined. Q. Did he tell you that he was obliged to work his passage home from Chicago? A. Yes.
GUILTY .— Confined Nine Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined One Month.
72. AUGUSTUS RICHARD HOUCHIN (26) , Stealing 1 portmanteau, containing 1 coat, 1 gold seal, and other articles; 18l. in money, and cheques for 23l. 19s. 8l., the property of Thomas Smalley. Second Count, Feloniously receiving the same; also stealing 1 portmanteau, containing 3 shirts, and other articles, the property of George Trevor. Third Count, Feloniously receiving the same; also stealing 1 glazier's diamond, value 7s. the property of Henry Locke; he PLEADED GUILTY to the Second Counts on all three indictments.—Six Years' Penal Servitude.
Before Mr. Justice Byles.
MR. RIBTON conducted the Prosecution.—The Prisoner was undefended.
GUILTY .— Penal Servitude for Life.
Before Mr. Recorder.
MESSRS. BEST and LLOYD conducted the Prosecution.
20th November, I was out the whole day—I returned somewhere about half-past 8 o'clock—the house was quite safe—I went out again—between 9 and 10 I received information that the house was broken open—I was then at my shop—I went home, and found boxes and drawers scattered about the floor, and all the things taken out—I missed a pair of trousers, a waistcoat, and 3s. 6d. in money, from the up stairs room, first floor—there is only one room up stairs—I had locked the door when I went out—when I came back, it had been broken open—the lock was not broken, but it had been forced—I let the down stairs apartments to Caroline Sportsman—I had seen the prisoners, Bell and Dodson, in the shop in Hercules-buildings, between 8 and 9 in the evening—a third person was with them—they bought something—they remained a quarter of an hour or twenty minutes—my husband was there all the time—he served them with what they had—they went away together—these (produced) are the things; this is the trousers and waistcoat—the drawers were quite safe when I went away, but not locked—the box was locked I believe—that was broken open.
Cross-examined by MR. PALMER (for Bell). Q. You say you saw Bell and Dodson in the shop purchasing, had you ever seen them before? A. Not to my knowledge—I was engaged in a little back place—they were not above three or four yards from me—I had a light, and there is a little door closes the parlour from the shop, and that has a glazed door half way—I was standing at the window at the time these men were in the shop—Bell had a wide awake on, with a shiny rim—I have only seen them once since, when we went up to Kennington-lane—I can't say exactly the coat the other man had on; but he had what is called a cheese-cutter cap—I had been out nearly all day—the front door has not a chain, it has two bolts; but of course when we go out, we can't bolt it from the inside—Caroline Sportsman, the lodger, was left in the house, and her mother and two little children—there are two rooms down stairs, and one up stairs—the street door was not broken—it appeared as if it had been opened with a key—when I go out, I shut the door after me—I know it was safe—when I went out at half-past 7 in the evening I shut it, that is all I did.
Cross-examined by MR. PARK (for Dodson). Q. How far is your house from your shop? A. Very nearly a quarter of a mile—Bell aud Dodson stayed in my shop, I should think a quarter of an hour or twenty minutes—they purchased some fish, baked potatoes, and bread—they ate them in the shop—it takes me about five minutes to go from my shop to my house—there was nothing in the shape of force to the street-door—my lodger was not in the house when I left—I did not go into her rooms—anybody could not have been concealed there, unless they had locked themselves in—I did not try the door.
CAROLINE SPORTSMAN . I am unmarried, and live at 7, Mill-street, Lambeth-walk—on the night of the robbery, I went out about 8 o'clock—when I left, there was nobody in the house, that I know of—everything was quite safe—I am quite sure I locked my door when I left; I took the key with me—I have two rooms, on the ground floor—there are two doors to those rooms from the passage, one into each room, and the rooms open into one another—they were all quite safe when I went out—I am quite sure I closed the house door after me—it is not a door which opens from the outside by a handle; it cannot be opened without a key—I left my things quite safe when I went out—I came back about 9; the street door was closed—I opened it with a key—when I went in, the parlour door was wide open, and then I found, when I got a light inside, that all the drawers were
out—I missed a pair of garnet earrings, a garnet throatlet, and this dress—the other things have not been found—I was some two or three minutes before I could get the street door open—there was a piece of carpet behind the door, but that I thought nothing of—it was there when I went out before—it was always there—I went and called the next door neighbour, Mr. Hill, and made some communication to him—I then went to somebody else, and Mr. Taylor came—I and Mr. Hill went over the house—we found nobody, in the house, but everything was out of its place.
Cross-examined by MR. PALMER. Q. Did you do anything to the door on that day more than on any other day? A. I pulled it to, and pushed it to see if it was closed—it is an ordinary latch—I am in the habit of going in and out with a key—it is my impression that I pushed the door to try it—there were two little children in the house when the things wore taken—they were in bed fast asleep—there was no one else—I cannot speak positively as to the time.
Cross-examined by MR. PARK. Q. How many drawers have you in your room? A. Three, and two top ones—the two top ones were not open—my room door was fastened with a lock—I am not aware how Mr. Taylor's was fastened, I did not go up stairs to see—I had these ear-rings in a workbox—it would not take long to open the drawers and ransack them all—they were none of them locked.
JAMES HILL . I am a shoemaker, of 8, Mill-street, Lambeth-walk, next door to the prosecutor's house—on 20th November, I came home at ten minutes past 9 by the right time—by my watch it was seventeen minutes past 9—I am quite positive to the time, within one minute—I looked—I have not the slightest doubt—I saw three young men—two I will swear are at the bar, and the third, I have no reason to doubt—they were standing at the prosecutor's door—the two that I am quite sure of, are Bell and Dodaon—I will not speak positively to the other, because he has not got the light waistcoat he had then, but I am positive he was the man, as he looked me straight in the face—I had a full opportunity of seeing the other two, because there was a gas-light on each side of them, twenty-five feet from the house—as I came up to the door, Bell had his right hand on the knocker, and I am certain as to the right hand, because, as he stood, his hand was to the knocker—the left hand appeared to me as though it was towards that part of the door where the key hole is—Dodson was face front to the door, with his right hand to Bell's left—as they saw me approaching, they began to laugh, professed to shake hands with each other without accomplishing the fact, and I heard Ren wick call me a snob, and some other word attached to it—I stood and looked at them perhaps for two or three minutes, then knocked at my door and went in—after I had gone in, I heard a noise towards the back of the house—I can hear distinctly through the wall—I went towards the back part of the house—not seeing anything there, I was coming through my house again, when a knock came at my door—I went and opened it, and it was the lost witness—in consequence of what she said I followed her out, and saw the prosecutor's street door open—I went in and saw the lock of her parlour door hanging off.
Cross-examined by MR. PALMER. Q. How came you to look at your watch? A. Because I had been to speak at a missionary meeting, and I make it a practice to be in before 10 o'clock, to set a good example to my children, and I regulate my watch by Mr. Hodge's clock, close by—I believe that night it was about a minute out, but generally speaking it is correct—I went to the meeting at 7 o'clock, and then, looking at my watch, I found it was
about seven minutes past 7, and when I came home it was ten minutes by the right time, and seventeen minutes by mine—I was quite sober that night—I am not in the habit of drinking—I was in possession of all my faculties—I did not think there was anything wrong when I saw these persons.
Cross-examined by MR. PARK. Q. I suppose you were highly indignant when they called you a snob? A. No; because I have been called so many times by gentlemen I work for—I said nothing to them—I can swear that I saw Dodson there—I had never seen either of the prisoners before.
ROBERT TAYLOR . I am the husband of Ann Taylor—on 20th November, I saw the three prisoners in my shop—they all came in together, and left together—I received information that my house had been broken open, and went home, and as I was giving information to the police, these three men came by—I suspected them, by having been in my shop, and charged them with the robbery—they all ran away—that was about half-past 10—they came right up to me and the policeman, as I was giving him information, and I said to him, "I give these men in charge on suspicion of breaking into my house;" Dodson had a bundle—I ran after Bell and caught him, and the policeman caught Dodson—Ren wick was taken next morning—I identified him from five or six more at the station.
Cross-examined by MR. PALMER. Q. You sell fish, I believe? A. Yes; I have a good many customers—they were in the shop about a quarter of an hour or twenty minutes—I don't think I had more than one other customer in the shop while they were there—my shop is in Hercules-buildings—the prisoners heard what I said to the policeman and ran away directly.
Cross-examined by MR. PARK. Q. Did you see any row in the street? A. No; I was standing still at the time.
FRANCIS HAWKINS (Policeman, L 189). About half-past 10, on the night of 20th October, I was on duty in Hercules-buildings—I saw the prosecutor, and while speaking to him the three prisoners came up—the prosecutor said, "I will give Bell and Dodson in charge on suspicion"—they all ran away directly—I followed Dodson, seeing him with the bundle—he dropped it in the middle of the road, as I was running after him—a man picked it up and afterwards gave it me—a little further on he dropped this key on the pavement—a civilian picked it up and gave it to me—I did not see him pick it up—Dodson ran into the arms of a brother constable—I was then about two yards behind him—Bell was also caught and given in charge—the bundle contained this pair of trousers, waistcoat, and gown—the key will not open the prosecutor's door.
Cross-examined by MR. PARK. Q. What were they doing when you came up? A. Walking along, smoking on the pathway; I dare say there might be a dozen or two of people in the street at the time, or a hundred for what I know; men, women, and boys.
HENRY THOMAS WINDSOR (Policeman, L 124). I took Dodson into custody about half-past ten, on Tuesday the 20th—he ran into my arms—I took him to the station—all lie said was, "Don't hurt me"—I found this bunch of twenty keys, about a couple of yards from the spot where I took him, just inside the iron railings of a garden in front of a house—they have been tried to the door of the prosecutor—none of them fit.
AMOS LEVINGDON (Policeman, L 79). I took Bell into custody—after taking him to the station I returned to the spot and found a skeleton key and another door key lying in the carriage way—I also found a piece of wax taper about five yards from the key, and there was a drop of something similar to wax on a petticoat in Sportsman's room, at the prosecutor's house.
Cross-examined by MR. PALMER. Q. Where did you take Bell? A. In the middle of the lane—it is common for a burglar to have skeleton keys—perhaps other persons may have them also—a locksmith would have them—it was near eleven, when I found these—the station is about a quarter of a mile, or rather more, from the spot—neither of these will fit the outside door of the prosecutor's house, but one will just fit the room door which was burst open.
WILLIAM PALMER (Policeman, L 2). I took Renwick into custody about half-past ten, on the morning of the 21st in Vauxhall-road—that was at the time the other two prisoners were being conveyed from Tower-street station to Lambeth-street—he was following them with a woman, who I knew to be connected with Bell—I told him I should charge him with being concerned, with the other two men, in committing a burglary, at 7, Mill-street—he said, "I know nothing of it, I know who the other man is that was with them, I saw them all three leave the George public-house, in Castle-street, Leicester-square, at half-past six, the evening previous"—he said, "Give me a fair chance"—I said, "I will, I will put you along with other prisoners"—I did put him with five others—I then took the witness Taylor into the yard; the witness Hall not being present at the time—Taylor went and picked out Renwick—I told him to put his hand on his shoulder, and he did, and Hall went and did the same thing afterwards—the same five persons were present then.
Renwick. Q. Was I not seen by Hill before I was placed by the others? A. No, he did not see you through a window—he saw nothing of you till he was brought into the yard—I went to the George public-house, and afterwards told you before the Magistrate, that the landlord said you were there between seven and eight in the evening; but he could not say whether you were there between the hours of eight and half-past eleven, but you were there again at half-past eleven—you said nothing to that, but referred me to the potman.
Renwick's Defence. If Charles Stanley was here, he could prove that I was at the George public-house at the time—I know nothing of this—I was coming along the road, and the policeman stopped me, and swore I was one of them.
(Dodson received a good Character.) GUILTY .— Confined Twelve Months each.
Before Mr. Common Serjeant.
MESSRS. CLERK and ROWDEN conducted the Prosecution.
JAMES HENRY EDWARDS . I keep the "Rising Sun," Lower-road, Bermondsey—on the night of the 3d of September last, the prisoner came there and asked for a glass of ale—I served him—he offered in payment a counterfeit shilling—I marked it, and afterwards gave it to the policeman—I gave the prisoner in custody to Witt—I told him I was surprised he should come here to pass bad money—he said, he did not know it was bad—he gave me another coin, out of which I took for the glass of ale—that coin was a half-crown, I think; a good one.
Cross-examined by MR. MCDONNELL. Q. What date was this? A. The 3d of September—I went before the Magistrate—the prisoner was remanded till the next day, and discharged.
CHARLES WITT (Policeman, M 51). On Monday, 3d of September, I had the prisoner in custody for passing bad money—he was locked up that night—he was taken before the Magistrate on the next day. Tuesday, and
remanded to the Wednesday—he was locked up on the Tuesday night, brought up on the Wednesday, and discharged—he gave the name of John Butler, No. 2, Kent-buildings, New Kent-road—I got this shilling (produced).
ANN WOOD . I am the wife of Edwin Wood, a baker, of Victoria-terrace, Kennington-road—on Friday, 19th October last, in the evening, the prisoner came to my shop and asked for a half-quartern loaf—I served him, and he gave me, in payment, a bad shilling—I took it into the parlour and put it on the table by itself—I took some change out of a small box, went back into the shop, and gave him 8 1/2 d. change—I then went back into the parlour and saw that it was a bad shilling—I made a communication to my husband—he ran out directly after the prisoner—I kept that shilling alone all the week—my husband ultimately gave it to the policeman—on the evening of the 25th October, the prisoner came again—I was then sitting in the parlour—I recognised him as the same man, as he came in—I went into the shop—he asked for twopenny worth of cakes—I served him—he took out a handful of silver, and selected from it a shilling, which he put on the counter—I made a sign to my husband and he went out after a policeman—I gave this second shilling also to my husband—the moment my husband was gone, the prisoner said, "Where is your husband gone?" I said, "He has gone for change"—he said, "What a time he is gone"—my husband had not been gone a minute—I said, "He has not been gone a minute"—the prisoner said, "Oh! he has been gone a long time"—I said, "He has not had time to return"—the prisoner went to the door to look out, and I went too, for I was afraid he would go away—he said, "Well never mind, I won't wait, I will call another time for the change"—he then went out of the shop, and went down Kennington-road—he left his change behind—I watched him all the way—I saw my husband coming with the constable, and saw them stop the prisoner.'
Cross-examined. Q. What time was it that he came on the Friday, the first occasion? A. Between eight and nine—there was no one in the shop besides himself when he came in—but a boy came in while he-was waiting—on the second occasiou he took out several coins, and held them in his hand—I saw some gold—I saw him try to disengage a shilling from among the silver—I thought I saw a half-crown and some shillings amongst the gold—he did not tell me where he lived—I will swear that—he did not say, "What a while you are getting change, I shall go over the way and get a glass of ale, and come back for my change;" or anything like that—no one but the boy came in while the prisoner was there on the second occasion—I think it was a little after five that he came in on the second occasion—he stood immediately opposite me, the counter being between us—I did not see more than one half-crown in his hand—I do not remember how many sovereigns, nor how many shillings I saw—I do not think the gold and silver was mixed up together, some between the other, when he pulled it out—I am nearly sure that I saw the gold in the back of the hand, and then the half-crown, and the shillings in front, it looked like that—I am sure that I saw him put his hand in his pocket, and pull out gold and silver together.
EDWIN WOOD . I am a baker in the Kent-road—on 19th October I was at home in The evening—I saw the prisoner at my house on that afternoon—I am certain he is the man; I will swear to him—that was about half-past 8 in the evening—I was sitting in the parlour—there is a glass door between the parlour and the shop—I cau see from the parlour into the shop—I
saw him leave my shop, and my wife then called my attention to a shilling—immediately we discovered it was bad, I ran out to look for the prisoner—he had then left my shop about a minute or two—I could not see him when I got into the street—on 25th October I was in my parlour and saw the prisoner come into the shop—I did not recognise him when he came in; Mr. Wood did, and told me it was the same man that called last week—I then looked at him and saw that it was the same man that had been there on the 19th—after he had purchased something of my wife, she made a sign to me and gave me a shilling—I took it with me and went out to fetch a constable—I was not absent five minutes from the shop—as I came back near the shop, I saw the prisoner walking down towards East-place—I stopped him and said, "I give you in eharge for passing a bad shilling in my shop last week, and you have done so just now"—he said, "If I have done it I am very sorry; I will give you another one for it"—I took both the shillings to the police-court, and they were both marked in my presence, and I gave them both to the constable.
Cross-examined. Q. How far from your shop did you come upon the prisoner? A. About a dozen yards—he was not running—I was not present when he was searched—when I told him I would give him in charge for passing a bad shilling, he said, "If I have done so, I am very sorry for it; I did not know it; here is a good one"—he did not offer me one—he said, "I will give you a good one for it"—I refused, and charged him—I was within eight or ten yards of a public-house—I will swear that he did not say, "I was going back to your place to get change; I was going to get a glass of ale"—he did not say anything like that—I have told you all that—he said—he did not tell me where he lived, or what he was, or that he had money with him—he did not tell me that he was a married man and had three children—he did not say a word of what you have asked me—it was in the street that I gave him in charge.
MR. CLERK. Q. Where was this public-house? A. It is called the "Rose"—I met him beyond that.
JOSEPH FLAXMAN (Policeman, L 25). On Thursday evening, 25th October, the last witness gave the prisoner in my custody in the Keunington-road—he told the prisoner he would give him in custody for passing a bad shilling, at his house on the 19th, and one now—the prisoner said, "I will apologise and give you another one if I did"—Mr. Wood said, "No, I shall not do any such thing; I shall give you in charge"—I took him to the station—he said he was going to the Horns, Kennington, but he was going in the opposite direction—he said he was going there to meet a man named Williams who was to give him some lessons in writing, and that Williams had a glass eye—I returned to the station and told the prisoner that I had been to the Horns, Kenningtou, and could not find any such person there—I told him I had made inquiries there—he did not make any answer—I searched him at the station and found on him seven sovereigns, a florin, and two shillings, all good money—he gave his address, No. 2, York-street, Kent-road—I went there; it was right—I received these two counterfeit shillings (produced) from Mr. Wood—I have not got the sovereigns here—they were given up to the prisoner, all but a half-sovereign—it was ordered by the Magistrate that half a sovereign was to be kept back for the fraud.
Cross-examined. Q. It was you who received the charge from the prosecutor? A. Yes—the prisoner said, "I did not know it was a bad shilling; I am sorry for it, and I apologize to you"—the prosecutor said, "You have been in my shop before," and the prisoner said, "You must be mistaken"—and
when he was given in charge to me, he said, "Don't take me by the hand, officer, I will walk with you, I am a respectable man"—he went quietly with me—you may go to the Horns direct up the Kennington-road—that is one way—the prisoner was going in the direction of Westminster-bridge—it would be a very long way round to go towards Westminster-bridge and then turn up a little way off, to go to the Horns—there are four ways of approach to the Horns—the prisoner did not say any more to the prosecutor than I have stated—the prosecutor stated at the first, that he was determined to give him into custody.
COURT to J. FLAXMAN. Q. Did you change one of the sovereigns? A. I did, after they were examined by the solicitor of the Mint—they were all good.
JURY. Q. How far is his place of residence from the baker's shop?—A. About two miles.
GUILTY .**— Confined Eighteen Months.
The following case has been omitted from the Old Court, Thursday.
PLEADED GUILTY — To enter into his recognizances in 100l. to appear and receive judgment if called upon.
ADJOURNED TO MONDAY, DECEMBER 17TH, 1860.