CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 25TH, 1861.
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.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers in 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, February 25th, 1861, and following days.
BEFORE the Right Hon. WILLIAM CUBITT, Esq. M.P. Lord Mayor of the City of London; Sir Frederick Pollock, Knt. Lord Chief Baron of Her Majesty's Court of Exchequer; Sir William Fry Channell, Knt. one other of the Barons of Her Majesty's said Court of Exchequer; John Humphery, Esq.; Thomas Challis, Esq.; Thomas Sidney, Esq. M.P.; and Sir Francis Graham Moon, Bart. F.S.A.; 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. Q.C. Common Serjeant of the said City; and Robert Malcolm Kerr, Esq. Judge of Sheriff's Court; 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.
JAMES ABBIS, Esq. Ald.
ANDREW LUSK, Esq.
OCTAVIUS CHAPMAN TRYON EAGLETON, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
CUBITT, MAYOR. FIFTH SESSION.
A Star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment, denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 25th, 1861.
PRESENT—The Right Hon. the LORD MAYOR; Sir FRANCIS GRAHAM MOON, Bart. Ald; Mr. Ald. FINNIS Mr. RECORDER; Mr. Ald. ROSE.
MR. RECORDER conducted the Prosecution.
213. JOHN RAWLINSON(27), and WILLIAM FRANKLIN(17), were indicted for burglariously breaking and entering the dwelling-house of George Prince, and stealing therein 14 knives, 5 forks, and 3 towels, his property, to which they
PLEADED GUILTY .— Confined Sine Months each.
MR. COOPER conducted the Prosecution.
HENRY TRIPP . I am a carpenter, and live at 32, Tufton-street, Westminster. On Sunday evening, 21st January, between 7 and 8 o'clock, the prisoner came to my house—I had not known him before—he said, "I have a gold watch for sale;" and he pressed me very much to buy it—I had not stated to any one, except my brother, that I wished to buy a watch—after a great deal of persuasion I asked the prisoner into the parlour with another man who is not in custody—they produced a watch to me, and asked me twenty guineas for it—I did not like the appearance of it, and said it was rather too much—this (produced) is the watch—I said I would rather not have anything to do with it, I would rather go to a respectable place and purchase one—he said, "I will take 16l."—I said, "No; I will not have it at all"—then he said 12l. then 10l. and then 8l. and after a great deal of persuasion, I said, "I will give you 6l. and I do not care whether I have it or not"—I paid 6l. in money, and gave an I.O.U. for another pound, to be paid in a month from that date—next day I tried the watch, and found it to be quite a spurious article—it is not gold.
Cross-examined by MR. RIBTON. Q. Had you ever seen the prisoner before? A. Never—the other man did not say that he had heard I wanted
a watch—he said, "I have a watch to sell"—the other man, not in custody, produced the watch from his pocket—the prisoner was the first party who spoke to me—the other one did not come up till five or ten minutes after—the prisoner spoke to me at my own door—after a little while he came in, and the other man too—I was talking to the prisoner at the door when the other came up—I asked them both in—the prisoner said, "We have a watch to sell" before the other came up—he did not say he had been asked by a friend to sell it, hearing that I wanted one—after a little conversation at the door, I said, "You had better come in, and I will look at it"—and they both came in—they stated that the watch was gold before they came in—I cannot recollect all that was said—the other man did not speak a wonderful deal—the prisoner was the most prominent in the bargain altogether,—in fact, I made the bargain with him, but the other produced the watch—I looked at it—the prisoner said he was a barman out of a situation, and was rather pressed for money, and Would sell the watch at a sacrifice—I said it was rather larger than I wanted, but after a good deal of persuasion, the bargain was made—it was not made in the house—we went out and had a drop of ale, and the bargain was made over that—I paid the money and had the watch.
ANN TRIPP . I am the mother of the prosecutor, and live at 32, Tufton-street—I was present when the watch was brought—the prisoner brought it—another one was with him—he said he had a watch for sale, he understood my son wanted one, that it' was a very good one, and a gold one, and they particularly pointed out the mark on it—both of them did that—my son bought it after a great deal of persuasion—I asked if it was gold—the prisoner said it was gold—he said he would not have brought it if it was not a good one.
Cross-examined. Q. You asked the question if it was a gold one, did you? A. Yes; and the prisoner's answer was, if it had not been a good one, he would not have brought it.
COURT. Q. What was the mark they pointed out? A. 18 K.
WILLIAM STEELE . I am a watch-maker of 2, Rochester-terrace, Westminster—this watch is a brass one washed over—I should have thought it gold, but for the mark "18 K;" and a coronet, which raised ray suspicion—all foreign watches, if they are genuine, have "18 K" on them—that means 18 karats, the quantity of gold—the watch is worth about 30d.—it was made in Switzerland.
Q. Does it go well? A. That I do not know—I have no doubt it would keep good time—it would have deceived me, if it had not been for the coronet.
COURT to HENRY TRIPP. Q. What induced you to purchase the watch? A. He pressed me very much indeed, and after a great deal of persuasion and saying he was pushed for money, I thought I would purchase it—I thought I had a bargain—I refused buying it several times—I cannot say whether I should have bought it if I had known it not to be gold—I did not much like the size of it at all—it was that put me against the watch from the beginning.
NOT GUILTY .
Mr. Cooper offered no evidence.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
OLAF WILHELM FAIRLING (through an Interpreter). I am captain of the ship Dolphin lying in the City canal—on the evening of 12th February between 6 and 7, I was in company with the witness Davison in Old Gravel-lane—she was walking after me—I was going towards the Wapping police-station—three men came up to me, one took hold of my throat, another one had my arms behind me, and the third unbuttoned my coat, and my watch chain was cut—I had the watch safe before this happened—I felt when the watch was taken—I think the one with the red necktie (Condon), is one of the men; my opinion is that he came up to me first—I could not speak to the other man at all, it was rather dark, it was in the dusk, I could not see plain—when the men laid hold of me, I stood up as long as I possibly could, but they knocked me down and my arm or elbow and head was hurt—I can't say who it was knocked me down—the value of the watch and chain was 8l.
Cross-examined by MR. RIBTON (for Condon). Q. How long had you been with the witness Davison that day? A. About an hour I should say—I had had one glass of ale—we had been to a publichouse in the neighbourhood—I don't know that Davison is a woman of the town—I can't say, she has been washing and repairing my clothes—I have given her money, I paid for my washing—I used to treat her with a glass of ale when she came—I did not know anybody else to show me to the police-station—I saw her at her lodgings first that evening—I don't know the name of the street—I know where she lives—I have. never stayed there a whole night—I have been there but never to sleep there—I have only stayed there a short time—I came to know her first when she came and took my washing.
ANNIE DAVISON . I am the wife of Andrew Davison, of 20, Gill-street, Limehouse—I was with last witness on Tuesday evening, the 12th, between six and seven—I was down in my own place—he asked me to show him to the Thames police, and I went down Old Gravel-lane to show him—when we got there I said to the captain, "I shall ask the next policeman I see which is the way to the Thames police-station," and Condon heard me speaking—he said, "Where are you going, Annie!"—I said, "I am going to bdow the captain the Thames police"—he said, "Can't you give me a chance?" there were two men with him at the time, Buckley was one of them—I am sure the prisoners are two of the men who were there—Condon asked me was there a chance—I asked him what did that mean—I said he was no young woman, he did not want a chance, and he came and put his hand on the captain's throat, and then Buckley and another one broke open his coat, and knocked him down—I halloed out "Police!" and there was no police there, and they knocked me down—they took his watch, but which of them I cannot tell—I had seen the watch before that safe—when I called out "Police I" and "Murder!" they knocked me down—I do not know which of them it was, they ran down a little court that leads to Wapping station-house—I looked at the captain's chain, there was a piece gone along with the watch—I have known Condon since last May—I have seen Buckley talking to Condon three or four times—I knew him by sight—the other man got away—I did not know him.
Cross-examined by MR. RIBTON. Q. Is your husband alive I A. I don't know whether he is dead or alive—he has been away nine months—he is now at Melbourne—he has not been away considerably more than that, it is
not two years—it is not more than nine months—he will have been away ten months the 27th of this month—he went away about the latter end of last May, not longer—he left about the latter end of May—I have never seen him since he left the ship Suffolk, in Melbourne, and the ship came home—I saw him last at the latter end of May—he was living with me then at my house—he had been living with me since I have been married except the time he has been to sea—I have heard about him since May—I know he is in Melbourne—I have got my papers to show that I am married—my husband did not leave me any half pay, and I went to service, and that was how I knew Condon—I have known him since last May—I knew him by being in service opposite where he lives—I know his brother, and I know his family—I have not been on intimate terms with his brother, only the same as I was with him—I swear that—I know the Barking-road—I was in service there seven weeks—I left the service I was in in Earl-street, Lime-house, and I went to Barking-road and was there seven weeks—I was obliged to leave because I was not able to work—I was never threatened to be given into custody for stealing—on my solemn oath I have not been living with the prisoner Condon's brother, nor with anybody since my husband left me—Condon's brother did not wish to take me to his mother's house, nor was it objected to by the prisoner—I never had any quarrel with Condon—I never threatened that I would transport him if I could—I have always been civil to them and so have they to me—I have known Captain Fairling since New Year's Day—Mrs. Waters, a respectable woman, washes for him, and 1 go to her house—I know the captain by going after his wash clothes there—I do not wash for him, but he knew me by being in the house, and he asked me to show him the Thames police—I met him in the street—I first saw him at Mrs. Waters'; he was coming there after his clothes—I was there by accident—I did not make any acquaintance with him—I met him a fortnight afterwards—I saw him in the house once or twice; that was all I knew about him till I met him and he asked me to show him to the Thames police—I never saw him at my house—he has never come to see me, only since this occurrence, never before—I met him once before in the street, and he spoke to me—I never walked with him before this night—I never drank with him—I was going down Limehouse-causeway on this night when I saw him, and knowing me, he said, "Annie, five of my men have run away from the ship"—I said, "Have they, captain? and then he asked me to show him the Thames police-court—he speaks English a little—he did not call me "Annie," but "Mrs. Davison"—I call myself Annie—he knew me as Mrs. Davison by Mrs. Waters calling me by my name—it was 3 or 4 o'clock when I met him—we went first to Arboursquare, and were then directed to Wapping—I had been with him altogether about an hour and a half before the robbery took place, or two hours at the outside—I am not acquainted with any other captains of vessels—I never asked the prisoner Condon to live with me—I am in the family-way and near my confinement.
Cross-examined by MR. METCALFE (for Buckley). Q. Was it the same evening this occurred that you were taken down to the police-station? A. Yes—the police came to the house for me and took me down to the police-station—I was shown these two men when I got there—they were in the station—I can't say what the place was—they were just as they are now, the two together—I was asked whether they were the men, and I said Condon was the man, but I was not quite sure about the other—I think I remained in the station about a quarter of an hour—I think it was S rgeant Cox
fetched me—I do not know whether Petty, K 96, was at the station—I did not take any notice of the number, I was too much flurried and frightened—I did say I was not quite sure he was the man then, but when I saw him the next day I did—I did not look at him that night because I was frightened too much—I looked at him certainly—I said as to one I was certain, and as to the other man I was not sure.
MR. PLATT. Q. But next day, when not so frightened, did you say it was the man? A. Yes, I said I was sure it was him—that was at the police-court, Arbour-square—I then felt certain he was the man—I am certain now that he is the man—I had seen him two or three times talking to Condon.
COURT. Q. When you were shown these two men, were there any persons with them? A. Not in the police-station, nobody except the policeman.
TIMOTHY COX (Policeman, K 46). I heard of this robbery on the same evening—in consequence of that I went to the White Swan, St. George's-street; that is about 300 hundred yards from where it took place—I saw the prisoners standing in front of the bar—I went up to Condon—he turned his back as soon as he saw me, and said something to Buckley—I could not hear what he said, but when I got near I heard him say, "It is b----Cox coming"—I said I should take him in custody on suspicion of stealing a watch from a captain in Old Gravel-lane—Condon did not say anything—Buckley said, when I got them out of the public-house, "What am I taken for?"—I then gave them over to K 96, and he asked again, "What am I taken for?"—I said, "On suspicion of stealing a watch"—he became then very violent and threw himself down—he said nothing else, only repeated that two or three times—when we got to the station Condon said to me," I suppose, Cox, you think you have got me to rights?"—I made no reply—he said, "It was all through the b drink"—Mrs. Davison was not there then—I did not see her in their company—when they were taken I went and fetched the captain and Mrs. Davison—when they came to the station she pointed out Condon—she said, "I know him well, he is one," and "Buckley," she said, "I believe is the man"—they did not make any reply to that.
Cross-examined by MR. RIBTON. Q. Where did you see Mrs. Davison that night? A. I never saw her till I fetched her from Gill-street—I had seen her before, but did not know her name—I have not seen her about the streets—I believe she was servant at the King's Arms in Norris-street, lime-house, twelve months ago, it might be—she lived there as a servant or something—I do not know that she was a servant—that is all I know her by—I did not know her at all—I have seen her since, walking along the streets, but not with anyone—I have met her by herself I may say several times, walking in the streets, the same as I may meet anyone else—I did not know whether she was a respectable woman or not; I don't know anything about her—I believe she has two children—she has been married—I do not know any-thing about her husband—I do not know how long he has been away or whether he is dead or alive—I know her address, she left it at the station—I know Condon—he lives about there—Mrs. Davison gave a description and left his name at the station—Condon resides with a prostitute in Bluegate-fields.
GEORGE PETTY (Policeman, K 96). I know the prisoners—I have known them for two years—they have been in the habit of being together to my knowledge—on the evening of Tuesday, the 12th, about half-past 5, I saw them together in Old Gravel-lane, going towards where the robbery was committed, about 200 yards from the spot.
Cross-examined by MR. RIBTON. Q. Have you been long about that neighbourhood?
A. I have; fifteen years—I do not know anything of the woman Davison—I did not see her before that night—I have never seen her to my knowledge—I have seen Condon.
COURT. Q. Was anybody else with the prisoners or were they alone? A. They were both together, nobody with them.
CONDON— GUILTY .
BUCKLEY— NOT GUILTY .
Condon was further charged with having been before convicted.
WILLIAM JOSHUA JUDGE . I produce a certificate (read: "31st May, 1858, at the Thames police-court, John Jones was convicted of stealing a coat and two handkerchiefs of Alexander Drysdale, and sentenced to six months imprisonment.")—I was present at the time—the prisoner, Condon, is the man mentioned in that paper—I had him in custody.
GUILTY.**— Four Years' Penal Servitude.
GEORGE SMITH . I am a porter, living in Moor-square Cripplegate—on the night of 28th January I was near Mr. Knight's shop in Moor-lane, and saw the prisoner Tame loitering by the window—I afterwards saw him go into the shop, and come out again with the till under his arm, the other prisoner following him—I went in and alarmed the prosecutor, who was sitting in the back parlour.
Tame. I have got witnesses to prove that I was at home.
COURT. Q. What time was this? A. About 9 o'clock in the evening—I knew Payne before by sight well.
JOHN CONLEY . I am a porter and live at 3, Collyers-court—on the night of 28th January, about 9 o'clock, I was standing near Mr. Knight's shop—I saw the prisoner Payne go into the shop, reach his hand over, and take a till out of a box, and give it to little Tame—little Tame ran up New-court and Payne followed him—Payne went into the shop first and the little one waited in the passage—I ran after little Tame who had the till—Payne stopped me underneath the arch—he would not let me run.
Payne. Q. Have you not been a thief? A. I don't know.
COURT. Q. Don't you know whether you have been a thief? A. Well, I have been one—that was about twelve months ago—I was put into prison for twenty-one days—it was for a book that I picked up—I have been in prison three times—I don't know when the other times were—twelve months ago was the last time, and I was in prison twice before that—I get my living by working now—I work at Pitfield-street for Mr. Gillon, a greengrocer—I have been working for him a fortnight—I was before that working at Ward's—I was there about six months—I left because I could not get up early enough on Monday morning—I ought to have been there at half-past 6, and I came there at a quarter to 7—I was discharged for that.
Payne. Q. Where did you stand when you saw me, as you say, take the till? A. Underneath Crow-court—that is the opposite side of Moor-lane from Mr. Knight's shop—I saw plenty of things in Mr. Knight's window—I can't say what there was—there was nothing to obstruct my sight that 1 am aware of—I saw you reach your hand over and pull the till out—the till was like a wooden box, about a foot long—it was black—I don't know whether it was painted black; it was dirty.
Tame. He is the first one that ever took me out thieving, and told me to thieve.
COURT. Q. Have you been out with that little boy? A. I have been out in their company in Moor-lane—he was the first one that gave me seven or eight cigars—there are plenty about the street to prove it—he had been a thief before ever I came to live in Moor-lane.
THOMAS EDWARDS . I live with my mother at 2, White-street, Little Moorfields—on the night of 28th January I was at the corner of Reynold's-court, about fifty yards from Mr. Knight's shop—I saw the prisoner, Tame, running down the court with a till under his arm, taking the money out as fast as he could, and Conley, the last witness, was coming towards him—Tame asked him to have half—Conley said, "No, I won't," and he said, "You are caught"—I did not see Payne at all.
Tame. Q. What time was it you saw me? A. A little after 9.
Tame. I have witnesses to prove that I was at home about 6, and in bed by 9.
WILLIAM KNIGHT . I am a bootmaker, at 5, Moor-lane—on 28th January I was out of my shop for a short time, in the back room—somebody came in and gave me information, in consequence of which I looked for my till and it was gone—it was safe not ten minutes before—there was about 30d. in it, I should say.
JOHN MARE BULL (City-policeman). On 28th January, a little after 9 in the evening, in consequence of information I received, I went to Mr. Knight's shop—while talking to Mrs. Knight the prisoner, Payne, came in and asked for a halfpenny heel-ball—when he saw me he caught up the ball and was so agitated he could hardly get out of the shop—I opened the door for him to go out, thinking he was a customer—he was no sooner out than the witness, Conley, came in—in consequence of what he said I went after Payne, and overtook him in New-court, and said he must come to the station with me on suspicion of stealing a till at a grinder's shop in Milton-street—he said, "I know nothing about any till"—he resisted very violently, and with considerable difficulty 1 got him to the station—he, at first, refused to state any name or address; at last he gave his name but no address—I searched him and found 11 1/4 d. on him, and a long knife.
Payne. Q. Was I intoxicated at the time? A. You had been drinking nothing particular, I don't think that could account for your agitation—I never saw any one act more disgracefully—there was a female in the station.
THOMAS HUBBLE (City-policeman). On the 28th, the night of the robbery, I went to the residence of Tame's parents, and inquired for him—they said he was gone to bed; that was about half-past 11 or quarter to 12—I took him into custody, and told him he was charged with being con-cerned with another man in stealing a till—he said he did not know anything about it.
Payne's Defence. All I have got to say is that I went into the shop to get a halfpenny ball and a bit of wax, twice during that evening; I was intoxicated at the time.
Tame. I have my witnesses here.
Witnesses for the Defence.
CAROLINE TAME . I remember my son being taken in custody—I was at home at the time, and my husband too—my boy came home a little before 7 that night—when he came home his father took his shoes off and mended them, put some nails in them, and told him he should not go out any more to-night, and I went upstairs and put the two little ones to bed, whilst his father was nailing
his boots, and he did not go out any more—I stopped upstairs ten minutes and then came down again when I had put the little ones to bed—the boy was then down with his father—I was down nearly the whole evening after that, and he did not go out whilst I was there—I stopped there all the evening; he did not go out at all—I am quite sure he did not go—I could go from where I live to Moor-lane in five minutes, or less than that—I never left the room my son was in, except when I put the children to bed; that was soon after 7, and I was down before half-past 7, and between that time and the time he went to bed, he did not go out—I cannot tell exactly the time he went to bed, but it was before 9; the detective came after him and found him in bed—I think it was between 9 and 10 that the detective came—I could not say for certain—my son had been in bed a good while before the detective came; I could not say exactly how long, but I know he was in bed before 9—I cannot say what time it was when the detective came, but I think it was nearly 10—I think he had been in bed about half an hour when the detective came; I cannot say exactly to the time, for I did not look at the clock—I know he was in bed just before 9—I went to bed after they had taken him away.
COURT to THOMAS HUBBLE. Q. What time was it that you took him? A. It was 11 or a quarter-past 11; between 11 and half-past—I am sure it was not before 11 that I went there—it was some time after Payne had been taken—I had received some information that caused me to go.
THOMAS HARDY . I am a French polisher—I know Mrs. Tame—I live in the same house—I was in her room at 8 o'clock on this evening—I left their room at 8 o'clock, and returned again about ten minutes before 9; the father of the boy was then nailing the boy's shoes, and the boy was gone upstairs to bed—I walked up my own stairs, and bid the boy good night, and he bid me good night at the top of the stairs—he was in bed—the door was open—here is the place I went to pay some money (producing a paper)—that shows the date; the father was surety for me, and that was where I had been to—I paid 3d. that night at the Griffin, in Shoreditch—I left off work at 8, and went indoors for the money—I got half from him, and half was my own—he was surety, and I was borrower—I went to that society and paid it, at 13, Broad-street—that might be half a mile from Tame's, or not so far—the bank closes at 10 o'clock—I am positive that I returned about ten minutes or a quarter before 9—I was gone out again when the police came—I went out about half-past 9, and came back at 12 o'clock—when I came home I heard of the boy being taken—I know that he went before the Magistrate the next day—I did not go before the Magistrate, because I was not asked.
CAROLINE TAME (re-examined.) Q. How was it you did not go before the Magistrate next day? A. I did; I was there, but was not called upon; you are not allowed to speak, without they ask you a question; they did not ask me anything, if they had, I should have told them.
CHARLES TAME . I am the father of this boy—I remember the night he was taken in custody—he was home a little before 7 o'clock that night, when I got home from work, and he pulled off his boots—he went out again for a few minutes; I thought he was gone to the closet; he was not gone half an hour—he went to put his slippers on; he was not gone half an hour; he was back again in bed by 8 o'clock—he did not get up again until the officer came and called him down; he was asleep—it might be an hour or an hour and a half after he was gone to bed that the officers came; I cannot say exactly, for I did not take any notice—I should think it was,
to the best of my knowledge, half-past 9 o'clock when the officer came; I am not certain—I have got a clock—that told me what time the officer came, but I cannot say now—I think it was about half-past 9—he might be more than an hour and half in bed, and it might be less—I knew my boy was before the Magistrate the next day—I did not go there, I was busy at work—I sent my wife; I thought she would do.
PAYNE GUILTY .— Confined Nine Months.
TAME GUILTY .
Tame was further charged with having been before convicted.
JOSEPH WILLIAM FAWKE (City-policeman, 112). I produce a certificate (read: "December 3d., 1859, Guildhall Justice-room, William fame convicted of stealing a handkerchief from the person. Confined Four Months.")—the prisoner is the person—I was present when he was convicted—he had been convicted four times previous to that.
GUILTY.**— Confined Two Months, to be once privately whipped, and then sent to a Reformatory for three years.
PLEADED GUILTY .— Three Years' Penal Servitude.
NEW COURT—Monday, February 25th, 1861.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. GABRIEL; Mr. COMMON SERJEANT; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY — Four Years' Penal Servitude.
PLEADED GUILTY— Judgment Respited.
PERRY PLEADED GUILTY .*— Confined Twelve Months.
DAVID NOBLE . I am a furniture dealer of 78, Long-alley, Worship-street—on 28th January the prisoners came, and Perry asked me if I bought old furniture, as his mother had some old chairs in a cellar which she did not want—I asked him what he wanted for them—he said, "Four shillings"—the back was off one of the chairs, but he said that he could bring it to me if I bought them—he asked Murray if he should take 4d.—Murray then asked me if I would give 4d. 6d—I said, "No," and they went away a little way and came back—Perry then said to Murray, "Shall we take 4s?" Murray said, "Yes, we may as well take four," and I bought them—next day Perry came alone, and on the day after that, January 30th, they both came, and Murray said, "What did you give him for those three chairs last night?" alluding to three which Perry had brought the day before, and which I had let him have 4d. on, and was to let him have more if it turned out that his mother had really sent him—I said, "I gave 4s.; but what made you run away, Perry, when you got the 4d., because you were to show
me where your mother lived?"—he said, "I will go with you now and show you where my mother lives"—they both went part of the way with me, and Murray said, "You can go and show him where your mother lives; I have no occasion to go with you"—he took me into a place where there was hardly an article of furniture, but his mother did not live there, only an old woman and a girl—he ran up the stairs and got ahead of me—I went and told the police-sergeant.
Murray. He says that I carried chairs to his place; I carried one, I confess, but no more. Witness. You had the three chairs, and Perry had the washing-stand.
THOMAS JACKSON (City policeman, 169). On 30th January I took Murray in London-wall—I told him that I took him for being concerned with another in selling some chairs—he said, "Very well, I will go to the station with you"—he said at the station, "Why do not you go and apprehend Perry? I do not think I ought to be blamed for all; if you do not know where he is, I will show you"—he then went with me to Mr. Keaney's house, 7, Half-moon-alley, and said, "If you go up-stairs to the top you will find Perry there"—I went up, but Perry was not there—I told Murray so—(I had left him in charge of another constable at the door)—when we got to the station he said, "Well, I will tell you as far as I know; I went with Perry to sell some chairs in Long-alley, and we took them from Mrs. King's; I had nothing to do with stealing them.
AARON SMITH . I am a French polisher, of 30, New Union-street, Little Moorfields—these chairs are mine, one or two are old and the rest are chair frames—a hole through the brick-work, 2 feet high by 1 foot 6 inches wide, was made in my wall—I did not see the prisoners take the chain through that hole, but all the doors were locked and the windows do not open, they are fixtures—a false key might have been used—this washing-stand is mine—I value the chairs at 14d. each that were sold to Noble for 8d. altogether—Noble gave 8d. for what was well worth 3l.
MURRAY— GUILTY .— Confined Six Months . THE COURT disallowed the expenses of the witness Noble.
PLEADED GUILTY Elizabeth Jane Willis stated that she knew the prisoner to be a married man before she married him, and that she was not the prosecutrix.— Confined Six Months.
OLD COURT—Tuesday, February 26th, 1861.
PRESENT—Mr. RECORDER; and Mr. Ald. ROSE.
Before Mr. Recorder.
MESSRS. CLERK and BEASLET conducted the Prosecution.
The prisoner had the evidence interpreted to him.
EDWARD BUTT (Police-inspector, A). I was on duty, walking on the near side of Her Majesty's carriage, on 5th February, upon the opening of Parliament—in Whitehall I saw the prisoner step out from the crowd, from the left hand side of the way, going towards the Houses of Parliament—he had this envelope (produced) with a string round it, as I thought, hung
round his neck, and he had his hand up to his throat—knowing him previously I fell out of the procession and went up to him—I found that his throat was bleeding, and a knife was at his feet in the dust—Flawn, another constable, laid hold of him—I directed him to be sent to the station—he was at the hospital a week or so.
Prisoner. I cried out, "Queen! petition! Parliament! petition!" Witness, He said something which I could not make out—the petitions are in English.
RICHARD FLAWN (Policeman, A 424). I was on duty on 5th February, as Her Majesty was proceeding to open the Houses of Parliament—I saw the prisoner step out from the crowd as the Royal carriage was passing—he was, as near as I can guess, about four yards from the carriage—he had this envelope in his left hand, suspended from his thumb with a string—he was holding it out in his left hand—he made use of some words which I could not distinctly understand—I thought it was, "Me no protection, me justice"—I did not perceive where his right hand was until I seized hold of him by the shoulders and turned him round—I then saw his right hand sawing at his throat with a knife, cutting across his throat—I knocked it out of his hand immediately—the knife was at his throat at the time I turned him round—he was then bleeding from the throat; he bled more on the way to the station—I took him at once to the King-street station, which was close by—this (produced) is the knife; I picked it up—on searching him at the station I found this quantity of papers in his coat pocket—this small hone was rolled up in the papers—I afterwards took him to the Westminster Hospital—his wound was dressed at the station-house; he was bleeding at that time.
WILLIAM TRAVERS . I am house-surgeon at Charing-cross Hospital—on 5th February the prisoner was brought there—he had a superficial wound of the throat, about two inches in length across the throat—it was such a wound as would have been produced by a knife—it was not a dangerous wound—I apprehended no danger at all from it; it was very superficial indeed—it was not bleeding at the time, it had been dressed previously—it had been bleeding—he remained at the hospital till 11th February—I saw him three or four times a day during that time—I saw nothing at all to lead me to suspect any aberration of mind during the time he was under my care there.
Prisoner. The doctor brought my bitter enemy near me, who has tyrannized over me. Witness. Colonel Hughes called to see him one day; he was the only person; there was a little excitement when he saw Colonel Hughes.
At the request of the prisoner his petition to Sir Charles Wood, found amongst his papers, was put in and read. It contained a very long and confused statement of wrongs and persecutions, alleged to have been sustained by him in India, and explained his object in coming to this country to be, to obtain redress and compensation from the British Government.
NOT GUILTY .
MR. RIBTON for the prosecutor offered no evidence.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
ABRAHAM ANIDJAH . I am a looking-glass manufacturer of 170, Bishops-gate-street—the prisoner was in my employ, at a salary—it was his duty to carry out glasses, with other goods, and give an account where he had left them, if he came home with any short, and pay the money he had received to me, or the managing-man in the counting-house—on 3d November he took some glasses to Mr. Harwood—he took out perhaps forty glasses that day—on his return that day he produced this card to me—it is a card of Mr. Harwood, 7, Hereford-road, North Westbourne-grove—he said that was the gentleman with whom he left the goods—the amount was 1l. 19d. 0d.—there were twenty-two looking-glasses—he told me how many he had sold to Harwood—he enumerated them on the back of the card, in pencil—he did not pay me the 1l. 19d. 10d—he never accounted to me for the glasses in any other way, or returned them to me.
JOHN HARWOOD . I am an upholsterer, 7, Hereford-road, North Westbourne-grove, Bayswater—I did not purchase the twenty-two glasses on 3d November—this is one of my cards—I did not give it to the prisoner—I have had dealings with him for four or five years on and off as a traveller—I never bought twenty-two glasses of him that day, nor paid him 1l. 19d. 10d.
Prisoner's Defence. I never sold them to this gentleman; I sold them to a party who is in Court, but who never paid me.
ABRAHAM ANIDJAH (re-examined). The prisoner gave me a description of the glasses sold to Mr. Lutie, that was a different transaction altogether, and on a different date—he had authority to take out goods and sell to customers—he was not allowed a commission, he was paid a weekly salary—this writing on the back of Mr. Harwood's card is the prisoner's—they are the notes he made of the sale.
GUILTY .— Confined Eighteen Months.
There was another indictment against the prisoner for embezzlement, and it was stated that he had been before convicted.
The prisoner pleaded GUILTY to the Second Count, and MR. POLAND, for the prosecution, offered no evidence on the first. Ten Years' Penal Servitude.
PLEADED GUILTY .— Ten Years' Penal Servitude.
MR. METCALFE conducted the Prosecution.
JAMES ABBOTT . I am a cab proprietor, living at Little George-street, Bethnal-green—I know the prisoner—I had a horse and cab—which he drove out on Friday, 1st February—he drove them out in the ordinary way as a cab-driver—the horse was in harness, with the cab—he did not return at all
with them—on the Saturday three boys brought home the cab, without horse or harness—in consequence of what was said, I made some inquiries, and ultimately saw the horse and harness in Tothill-street, Westminster, at a stable belonging to a publican—I there saw a person of the name of Hewlett—the horse and harness were worth 15l. to me—the prisoner had been taken into custody previously—I asked him what he had done with the horse—he never spoke—he ought to have returned at 12 o'clock on the Friday night, that was the arrangement.
Cross-examined by MR. ORRIDGE. Q. How long has he been in your employment? A. This was the second week—I have one of his family in my empoy now, one of the best servants I have—I did not myself send the prisoner out with the cab that afternoon—I left word with my man—the man puts the harness on the horse, and puts him into the cab—that is his part of the business.
GEORGE HEWLETT . I am a general dealer, of 4, Catherine-court, Westminster—last Saturday three weeks I saw the prisoner at Tothill-street, Westminster, leading a horse along by the halter—the horse bad no harness on it—I asked him what he was going to do with it—he said he was going to sell it—I asked him how much money he wanted for it—he said 3l. 10s—I thought that too much—I bid him 2l.—he would not take it and went away—he came back afterwards and took it—Mr. Downey paid the 2l. for me—I took the horse to St Martin's-lane to see if I could sell it outside Aldridge's—finding I could not sell it, I took, it home again—that was the horse that was shown to Mr. Abbott—I bought the harness after I bought the horse—he told me he had an old set of harness that he would sell me—the cab was down the yard in. Tothill-street—the harness was up in one corner of the yard—I gave him 7d. for the harness, and 2d. to a man that was with him—the harness was also given up to Mr. Abbott—the prisoner did not say where he got the horse—he said he had been working half-time with Mr. Abbott, that he did not want to work any longer—that he had had bad luck, and should sell the horse—I did not see what became of the cab.
Cross-examined. Was the prisoner drunk when he came to you? A. I did not notice that he was—it was at half-past 2 in the afternoon when I bought the horse.
JAMES WHITE (Policeman, H 90). On 2d February, about 7 in the evening, I went with the prosecutor to the Coach and Horses public-house in the Minories—I there found the prisoner and took him into custody—I told him that it was for stealing Mr. Abbott's horse and harness—he said, "Very well, old fellow, I expected some one."
MR. ORRIDGE to JAMES ABBOTT. Q. How was the prisoner paid? A. He was supposed to bring home so much money each day, 5d., and to keep for himself what he could make beyond that.
Cross-examined. Q. Was anything said by him when he took the cab? A. He said he should return by 12, that was all.
MR. ORRIDGE submitted that the evidence did not support the charge of larceny, as servant, the property being lawfully in his possession in the first instance, nor was there anything to render him liable as a bailee, there being no express contract. MR. METCALFE called the attention of the Court to Powles v. Hyde, in the Queen's Bench Reports, where this matter had been discussed. The RECORDER was of opinion that the property was entrusted to the prisoner for a special
purpose, and that he was sufficiently a servant within the meaning of the Statute.
PLEADED GUILTY .— Confined Nine Months.
229. GEORGE VERNON JACKSON(63) , Unlawfully obtaining 2 bales of cloth and other goods, the property of Benjamin Wood and others, under the colour and pretence of dealing in the ordinary course of trade, and within three months of his bankruptcy; he was also charged upon four other indictments with like offences; to all of which he
PLEADED GUILTY .— Confined Eighteen Months.
MR. THOMPSON conducted the Prosecution.
ELIZABETH CHANTRY . I am the wife of Francis Chantry, of 2, Spring-villas, Ealing—on Monday evening last, 18th February, I was in Regent-street between seven and eight o'clock—I went from there to the Circus, and across from the Circus down Oxford-street, down Vere-street, across Wimpole-street, exactly opposite Vere-street chapel—just at the corner of Wimpole-street I was attacked by three boys—one of them, I can scarcely tell which, I was so frightened at the time, gave a pull at my umbrella—I held it very tight, and the next moment it was snatched out of my hand, and the boys ran away—I turned round and saw the three boys—the handle (produced) was left in my hand—the three boys were running very fast when I turned round—in half a minute afterwards a witness brought one of the boys, asking me if I had lost anything—and I showed him my handle, and said I had lost my umbrella—Frederick Salter was the one he brought to me—the prisoners are like the boys that I saw—I cannot swear to them—they are about the size and general look—I should say they are the boys—they are like them exactly, but I did not see their faces—the value of the umbrella is about 10s.
Cross-examined by MR. MCDONNELL. Q. Was the umbrella taken from behind you? A. The boys came from behind me, at the side—when they wrenched it they were behind—I had not seen any boys until the umbrella was snatched from me—I cannot swear to the prisoners, because I did not see their faces—I do not recollect a woman passing at the same time—my attention was not called at all to other boys close to me—I did not see any other boys there—there was no shop very near there, it was at the corner of Wimpole-street—I was some little distance from a gas-lamp—it was rather dark in that part.
HENRY JONES . I live at 73, Great Titchfield-street, and am a porter in the employ of Messrs. Nicoll and Co. of Regent-street—last Monday night, the 18th, between seven and eight o'clock, I was in Regent-street, near the corner of Argyll-street—I observed the three prisoners following a lady—I fancied they were up to no good—my attention was drawn to them—I followed them to the Circus—she crossed the Circus at Oxford-street, and went along Oxford-street to Vere-street, the boys still followed—I followed them closely, two or three times looking at their features, so that I should know them if they were up to anything—I was as close to them as I am to this gentleman (the foreman)—then they walked on to Vere-street—the lady turned up Vere-street—I crossed on the opposite side—she turned to the right to go into Wimpole-street—I crossed the road immediately, and at the corner of Wimpole-street and Henrietta-street the three lads made the attack upon her—they rushed towards her—I could not tell what they took
from her until I took one of them to her—the three ran away—I captured the little one, and took him to the lady to know what had been stolen from her, and then I gave him into the custody of the police-constable—I saw the other lads next morning, as near half-past ten o'clock as possible, at the police-court—I identified them there—I gave them into the custody of the constable—they were at the corner of Weymouth-street and High-street, game standing at the corner of a public-house, about fifty, sixty, or a hundred yards from the police-court.
Cross-examined. Q. Do I understand you to say you were as close to the prisoners when they were following this lady, as you are to that gentleman at your right hand? A. I was—not at all times, two or three or perhaps four times—after I first recognised them the furthest that I was from them was about ten yards, previous to crossing Vere-street—I do not swear to ten yards—it was the length of crossing Vere-street, which might be perhaps more than twenty yards—I was, I might say, within fifteen yards of the lady and the prisoners, when they rushed upon her, or I might say twenty—I had sufficient light to see the attack, but not to identify what they took from her—it was a dark corner—I rushed across the road after them immediately—they had begun to run when I came up—I distinctly saw the three run away, and one I took hold of—I did not see the lady carrying the umbrella before the prisoners attacked her—I did not see any umbrella at all after she was attacked.
MR. THOMPSON. Q. Were there any other boys about? A. No, there was not—I traced these boys from Regent-street—there was nobody with me till I captured the youngest lad, several persons then came round, as the lad was crying.
GEORGE KING (Policeman, D 76). On Monday evening, the 18th, between seven and eight o'clock, the prisoner Frederick Salter was given into my custody by the last witness—the lady stated the charge, that she had been robbed of her umbrella—the boy said he had just come from Clerkenwell, and was going on a message to his father, who was at work somewhere—I said, "Where does your father work?"—he said, "I don't know the name of the street"—I then took him to the station-house, and when he got there he said he lived at 28, Dudley-street—he stated nothing more—next morning the witness gave the other two lads into my custody—I told them what they were charged with—they said, "We know nothing at all about it, we were at home sitting on our door-step, from six till nine o'clock"—they both gave the same address, 28, Dudley-street.
Cross-examined. Q. Was that address right? A. Yes—when the last witness first came across the road with the lady, he had hold of the little boy by his jacket—he said, "I followed this boy and two more all the way up Regent-street—I saw the other two attack the lady, and I have inquired what she has lost, and she said her umbrella"—next morning he came to me in Court and said, "The other two boys are outside in High-street"—he did not say, "I saw two boys who were like these two"—nothing of the kind.
GUILTY.— Recommended to mercy by the Jury.—Judgment respited.
MR. H. GIFFARD conducted the Prosecution.
CHARLOTTE SANGERMAN . I am the wife of David Sangerman, a musician, residing at Southampton—On 6th February, about three o'clock in the afternoon, I was in Globe-road, Mile-end—I saw the prisoner Draper, the
other I cannot swear to positively, but there were two together—they walked straight before me up the Globe-road—Draper looked at me very hard—I thought perhaps he had seen me somewhere, and I stared at him just as well as he did at me—I do not know whether the other looked at me—he then came back and tore my chain off my neck—he had to pull it, because my chain was under my cloak, and he made me a very severe mark in doing it—he succeeded in getting the chain off my neck—he then ran away with it—I ran after him and called, "Thief! stop thief! my chain!"—and a little boy ran after him, and threw a stone at him, and I suppose it made him lame, he did not run so fast, and I saw him throw the chain over his back, and the little boy caught it, and brought it to me—I did not see Draper again till the police-constable fetched me to the station, and I picked him out of six men—that was on the same evening—I am quite sure he is the man—I did not see what the person did, who was with Draper—he was behind me—I did not feel him touch me in any way—I did not see him after he went behind me—I did not see him till at the police-court—a little girl told me he was the man, and I gave him in charge—there was a locket attached to the chain, and two gold keys—4l. was the value of the chain and locket.
Cross-examined by MR. TINDAL ATKINSON (for Draper). Q. I suppose you are not in the habit of being looked at in the streets in that way? A. I do not know—I did not look at the ground—he stared so particularly at me, that it made me stare at him j that is why I knew him so—I had never seen him before—he had a light coat on, not such as he has got on today; when I saw him at the police station he was changed—I cannot tell you whether it was a very light coat; a pepper-and-salt colour—the constable came to me and said he had taken a person that he thought was the one that robbed me—I said I could pick him out of a hundred—he did not give me a description of the man; I had given him a description of him—he did not tell me what sort of a young man he was—he took me to the police-court, to see him—he was then between six men, three on each side, and I picked him out—they were grown up-persons, much older than he—I cannot tell you whether they were very much older—I cannot tell whether they were middle-aged people—I do not know what the other persons were; they were dressed in black clothes—they had no blue clothes—the young man I had seen was in white nearly.
MR. GIFFARD. Q. Was he in white when among those people? A. No.
Elgee. Q. In what part of the Globe-road were you when the robbery was committed? A. I do not know; lama stranger here; it was not far from Mile-end—the robbery was committed in Globe-road—I cannot swear to you as being the other man—I gave you in custody because the little girl told me you were the other man—she told me that you had said to her, "Have you seen a young man run away with the lady's chain?"—she said, "Yes," and you said, "Never mind, hold your noise"—that is what the girl tells me, and she tells everybody so—I did not say that both the prisoners came in front of me—I cannot tell you how far the place where I gave you in custody is from the place where the robbery was committed; it would take about twenty minutes to walk—I never saw you before I saw you in the Mile-end-road; I cannot swear to you positively; if I could I soon would—the man that stole my chain ran into a turning—I did not see any boys—I do not know the name of the street in which the boys were playing; I am not acquainted with London—I did not say at the police-court that I was very much frightened at the time—I did not take any
notice of any persons walking near me from the time I left my residence, till the time the robbery was committed—at Worship-street, I said the chain was round my neck—I did not say that it was round my brooch—I had not a brooch on—I had no pocket—I did not feel your hand at the back of my neck, and, if I did, I was so excited, I could not tell.
MR. GIFFARD. Q. Was the person who came up with Draper, a person about the size of Elgee? A. I cannot tell; I did not observe him, only the one that stared at me.
WILLIAM FRANCIS . I am twelve years old, and live in Willow-street, Globe-road, Mile-end—on the 6th of this month I was playing in the street at about 3 o'clock—I saw the two prisoners there; I recollect them both—I saw a lady there—Elgee went behind, and they took the lady's chain off her neck, and the locket—the one behind the lady was trying to take it off the lady's neck, and the front one did take it off and ran up Willow-street—Draper was in front, and the other one was behind—when Draper got it off he ran up Willow-street, and I threw a stone at him because he was going to hit me—I ran after him—he threw the chain over his head—I picked it up and gave it to the lady—I am quite sure about both the prisoners.
Cross-examined. Q. How was he dressed? A. Draper was dressed in a greyish coat; not the coat he has on now—it was a kind of a loose jacket, of a light colour—I followed him up into St. Peter's-road, and then lost sight of him—he ran fast; faster than me—he got out of sight—when I lost sight of him I went back to where the lady was—I saw the police-officer there, and went with him to look after Draper—Draper had then been gone about ten minutes.
Elgee. Q. Where were you playing when the robbery was committed? A. In Willow-street, towards Globe-road, about twenty yards, I dare say, from Globe-road—the robbery was committed at the top of Willow-street, at the corner—I saw you go behind the lady and try to take the chain from the back of her neck—I was in Willow-street—the robbery was committed in the Globe-road—the lady had not passed Willow-street—you had hold of the back part of the chain—you made an effort to get away with it—you did not succeed in doing so—I know you by your looks; you had on the same clothes as you have now—I saw your face; you came and spoke to me and another boy in St. Peter's-road, and you asked if I saw anybody run away with a watch and chain, and I said, "Yes," and then you said, "Never mind, I will run round and catch him"—instead of that you ran away.
JOHN NELSON . I am fourteen years old, and live at 3, Willow-street, Globe-lane—on the 6th of this month, about 3 o'clock in the afternoon, I was playing with Francis in the street—I saw the prisoners there—Elgee came behind the lady, and Draper came before her; Elgee tried to get the chain and could not, and then Draper got it—he pulled it from the front of the lady's neck, and then ran off, up our street—I ran after him—I did not catch him—I lost him at the corner of Bancroft-road—I did not see Elgee afterwards, till at the Thames police-court.
Cross-examined. Q. How was Draper dressed? A. He had a grey coat on, a sort of loose jacket—I could not run quite so fast as he did; I should have caught him, only I was playing at horses, and I had a bit of string on my legs; I had a hoop on the string and the hoop caught my trousers—that prevented me from running—it did not throw me down—lie turned the corner, and then I lost sight of him—I did not go back to the lady—I went about with the constable in search of him, but could not find him.
Elgee. Q. Where were you playing at the time the robbery was com-mitted? A. In Willow-street, at my own door—I saw you behind the lady, at the corner of Willow-street—I cannot tell what part of the chain you had hold of, I was not near enough; I suppose you had hold of the part behind the lady's neck.
GEORGE EMERY . I am twelve years old, and live at 6 1/2, Green-street—on the 6th of this month, I saw the prisoner Draper in Globe-fields, walking very fast—I and Francis and a lot more boys were after him—I know Nelson—I saw him there—Draper came up to me and said, "Have you seen anybody steal a chain and some lockets?"—I said, "No"—he then ran away and I ran after him—I am quite certain he is the man; we went up to Arbour-square, and there were six men, and we had to pick him out; and I, and Francis, and Nelson, and the lady, picked him out.
Cross-examined. Q. Who were you playing with? A. I was not playing with any one—I could not tell for certain what coat Draper had on—it was not something like my own—from what I could see of it, it was a light one—when he came up to me and said, "Have you seen anybody stealing a chain and some lockets?"—the other boys were running after Elgee.
Elgee. Q. Did you see me in company with the man that stole the chain? A. Yes; and you came up to me when I was with Nelson, and said, "Keep back, keep back, and I will catch him"—that was at the corner of Norfolk-street—I did not see you have hold of the lady's chain.
HANNAH HALL . I live at 4, Regent's-road—on the 6th of this month, about 3 o'clock in the afternoon, I was going down the Globe-road—at the corner of Green-street I saw Draper, and I saw Elgee behind the lady—Draper gave a snatch at something of the lady's hanging round her neck—he then ran, and the lady ran after him—I saw Draper afterwards in Nicol-street, and he pointed to me; I took no notice of it—I went a little further, and I saw the other one—he came up to me and said, "Have you seen a young man that has stolen a watch?"—I took no notice of him; I went on with my mother's work, and when I came back I met the lady—I saw Elgee after-wards in the Mile-end-road—I said to the lady, "That is the man," and she gave him in custody.
COURT. Q. But what had you seen him do before, at the time Draper made his escape? A. I saw him do nothing only speak to Draper at the public-house at the corner—at the time that Draper made the snatch at the watch Elgee was behind the lady.
Cross-examined. Q. How was Draper dressed? A. He had a lightish coat on.
Elgee. Q. Where were you walking at the time this occurrence took place? A. Down Globe-road—the robbery was committed on the left hand side of Globe-lane, going down towards Mile-end way—Green-street is where the robbery was committed—it was at the corner of Green-street that I saw Draper snatch at something on the lady, I do not know what it was, and then he ran down Green-street—you went down Nicol-street—that is the next turning—I do not know Willow-street—you were behind the lady in Globe-road—the lady was walking along Globe-road—I do not know whether you had hold of the chain at the back; I did not notice it—I did not have the persons in view above ten minutes before the robbery was committed—I went on for my work, and then I saw the lady again—that was about a quarter of an hour after.
COURT. Q. Did the two persons run away together? A. Yes, directly the robbery was committed—from the time the robbery was committed
up to the time I saw Elgee in the Mile-end-road, was about a quarter of an hour—his coat was rather long, that was the only way I knew him; not by his face at all, until I saw him at the Thames police, and then I was sure it was he, by his face—I saw his face when I saw him with the lady.
Elgee. Q. When you first saw me in the Mile-end-road, on which side of the road was I walking? A. On the left-hand side, going towards White-chapel—I was walking on the right-hand side—I did not come across the road and look you full in the face before I gave you in custody—I gave you in custody there and then—I had not been following you any distance before giving you in custody—I had you in view about five minutes before I gave you in custody.
ROBERT THIMBLEBEE (Policeman, K 119). On the afternoon of 6th February, I was in the Mile-end-road—I heard a cry of "Police!"—I immediately hastened to the spot—I saw a lady crying—in consequence of what I heard, I went into the Bancroft-road—I saw Draper running away; a lot of boys were after him—I followed—I lost sight of him—I afterwards found out where he lived, went there, and found him—he was on the bed dressed in his shirt sleeves—he had on a light coat when I saw him in Bancroft-road—when I took him in custody he put on a dark coat; I believe the same he has on now—I took him to the station and showed him to the prosecutrix, after I had placed him between six other men—she selected him from among them—at his house I found seventeen duplicates in the room in a box—I looked for the light coat he had on, but did not find it.
Cross-examined. Q. The house was his father's house, was it not? A. Yes—the father is a carman in the employ of a ginger-beer manufactory—the mother keeps a mangle.
Elgee. Q. Did you see met? A. I never saw you till I went to give in formation about the robbery, and you were brought in while I was giving information.
COURT. Q. Can you explain the situation of Green-street and Willow-street? A. Globe-road, Willow-street, Nicol-street, and Green-street are all parallel streets within twenty or thirty yards of each others—Willow-street runs into the Globe-road; Nicol-street and Willow-street is all one, and a little angle runs into Green-street—they are all within 100 yards of each other—Green-street comes into Globe-road.
JAMES BRETT (Policeman, K 371). About 3 o'clock on the afternoon of the 6th I took Elgee into custody, in consequence of what the prosecutrix told me—I received the chain from the prosecutrix—I took Elgee to the station and detained him—I then went to where the robbery was alleged to have been committed, and the locket was handed to me by a woman—it was picked up by a little child between where the chain was picked up and where the robbery was committed—it was not picked up while I was there.
Elgee's Defence. I am a brush and broom manufacturer. I came down Mile-end-road to sell my goods, and had sold out, and bad in my possession 7d. 9d.; coming home the officer came up to me and took me in custody. I asked him what was the matter; he told me I was concerned with another man that stole a watch-chain. I said I did not, neither was I the person that was with the person who stole the watch chain. He took me to Arbour-square station. I went with him. When I got there I was inspected by the policemen, and they said, "No, he don't look like him," that is what the youths stated when I got there. I did not have any hand in the robbery at all.
DRAPER, GUILTY .*—
ELGEE, GUILTY .—
Confined Eighteen Months each.
NEW COURT.—Tuesday, February 26th, 1861.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. GABRIEL; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MESSRS. F. ELLIS and ROWDEN conducted the Prosecution.
JAMES BRANNAN . I was formely inspector of the Metropolitan Police—on the morning of 18th February, about 5 o'clock, I went with other officers to 31, Lambeth-street, Whitechapel—I opened the door by means of a latch and proceeded up stairs to the first-floor back room—the door was securely fastened—I forced it open and went into the room—I there found the prisoner sitting on the side of the bed, and the female prisoner (See next case) in bed—I told him I had received instructions from the authorities of the Mint to look after him, he was suspected of coining—I said, "We come here to search for counterfeit coin and coining instruments"—he said, "Oh, God blew you, Sir, you will find nothing of the kind here, you may search"—at that time I saw him stooping, removing a piece of cloth, which was a substitute for a hearth-rug, by the side of the bed—(he was undressed)—I said, "What are you doing there, man?"—he replied, "Looking for ray stockings"—I went to that part, and underneath the rug which he removed, I found a piece of loose board about ten inches long and six inches wide, underneath which I found a tin box, containing five half-crowns, finished, separately wrapped in paper, eleven shillings, finished, also separately wrapped in paper, two shillings, unfinished, and two sixpences, all of which I believe to be counterfeit—I placed them on the table and said, "I think that this is proof positive that my information is correct"—he said, "I am guilty, I am the only guilty one, spare my wife, she knows nothing at all about it, we made them after she went to chapel last night: I had a chap from the chapel," meaning Whitechapel, "come to assist me to turn out a few things on a Sunday night, my wife knows nothing about it, I am the guilty party"—he was then in the act of putting on his waistcoat, and I said, "What have you got there?"—he said, "Nothing, Mr. Brannan"—I searched him, and in the pocket I found this woollen bag or purse containing a franc, a good shilling, and fourpence farthing in copper—I believe the shilling has been in plaster, and that from it one of the moulds was taken—I made a further search, and under the fireplace there was some broken plaster which had apparently been used for moulds, some sand in a basin, a spoon, which has been produced, and all the necessary implements for making, colouring, and coating counterfeit coin.
Prisoner. I am guilty of letting the man come from Whitechapel—he gave me a shilling to let the things remain in my house, but I never made such a thing, I could not. Witness. You said you had a chap from the chapel to assist you, but the person you allude to I will swear has not lived in Whitechapel for these ten years—I did not disturb a man named Lidett, who lived there with his wife and child, but I have disturbed many persons there since Christmas.
BENJAMIN BRYANT (Police-inspector, A). I went on 18'th February with Brannan and other officers to the prisoner's premises, 31, Lambeth-street—on the mantel-piece I found this piece of glass, with plaster of Paris on it—in the cupboard by the side of the fire-place I found an iron spoon with
white metal adhering to it, some copper wire which had been dipped in solution, and a cup which was wet at the time, and had evidently had solution in it; that is all I found—I took the prisoner into custody—I heard him say in the room what Mr. Brannan has stated—on the road to the station he told me he was guilty, and he would go with Mr. Brannan to see what he could do with the Mint authorities to get his wife off, she knew nothing about it.
JAMES BRANNAN , Junior (Policeman, G 21). On the morning of 18th Feb. I went with other officers to 31, Lambeth-street—I searched the room there, and on a ledge up the chimney I found this black bag (produced) containing two half-crowns, two florins, and two sixpences, all bad—I asked the prisoner how long he had lived there, and he said, "About four years."
ARTHUR ELLIOTT (Policeman, G 104). I went with the other officers to the prisoner's house—I searched the back yard, and on a rafter between the roof of the water-closet, I found two plaster of Paris moulds; one for making shillings, and a double one for making shillings and sixpences (produced).
WILLIAM WEBSTER . I am inspector of coin to the Mint—this is a mould for making shillings of 1852—this good shilling was used for making that mould—these thirteen shillings are counterfeit, and five are from the mould—the others are all bad and from different moulds—here is a double mould for making shillings and sixpences—there are no shillings made from that mould, but there is one sixpence—here are three counterfeit half-crowns of 1817 from the same mould—these found up the chimney are from the same mould, and all from the same mould as the others—here is everything necessary for the making of counterfeit coin; this wire serves for the battery, for the purpose of electro-plating the coins—the glass has been used for the purpose of making the moulds on, and this cup for mixing.
Prisoner's Defence. I admit allowing a party to bring them into my house; I never made such a thing in my life. I work at the docks.
The officers stated that there was little doubt that he had got rid of pounds' weight of counterfeit coin weekly. Six Years' Penal Servitude.
NOT GUILTY .
No evidence was offered.— NOT GUILTY .
NOT GUILTY .
MESSRS. ELLIS and ROWDEN conducted the Prosecution.
JOHN PENN . I am landlord at the Bricklayer's Arms in South Milton-street—on Thursday, 17th January, between 11 and 12, the prisoner came and asked for half a quartern of gin, which came to 2 1/2 d.—I served him; he gave me 1d. in payment—I examined it and immediately saw it was bad—I gave him the change, and he immediately left—I made a hole in my pocket and put it inside the lining—I had no other shilling in that pocket; it is a pocket I never keep money in, under any consideration—it remained there till Monday the 21st, and it was by itself all that time—I gave it to the policeman Peck—on Monday the 21st, about the same time, the prisoner
came again—I recognised him—I was outside the bar—he asked me for half a quartern of gin, and I went round the bar and served him—he gave me in payment a 2d. piece, which I saw was bad immediately he laid it on the counter—I bent it easily with my thumb and finger, and told him it was bad, and that he had passed a bad shilling on the previous Thursday to me—he said he was not aware that it was bad, and he never was in the house before—I called the waiter to send for a policeman—the prisoner left the house with a female—I went round by the other door and stopped him—he then offered me a 2d. piece, and offered to pay me the shilling—he took the 2d. piece from a small purse in his pocket—I refused to take it, and he put it in his purse again—a constable arrived—I charged the prisoner, and gave the coins to the constable—I went to the station, when the prisoner took from his pocket the purse containing the 2d. piece, and said to the sergeant on duty that that was the 2d. piece he presented to me—it was handed to me and I examined it; I can swear it is not the one that he gave me, because I bent it easily with my thumb and finger—I had handed that one to the constable.
CHARLES AUGE . I am a butcher at 17, South Molton-street—on 21st January, I was at Mr. Penn's, and saw the prisoner there—I was there before the policeman came; he had a 2d. piece in his hand and was jinking it on a cask, trying it, and the prisoner snatched it away out of the constable's hands, put it in his mouth and immediately swallowed it—the policeman caught hold of his throat and told him it was too far gone—the prisoner snapped his fingers and said, "There, you have not got it."
CHARLES PECK (Policeman, C 28). On Monday, 21st January, about 12 o'clock, I was called to Mr. Penn's—the prisoner was given into my charge—I received a bad shilling and a bad florin (produced) from Mr. Penn—the florin was bent very much—I was sounding it on a cask that was standing there, and just as I was picking it up, the prisoner snatched it from my fingers and swallowed it—I seized him by the throat and felt it pass my thumb down his throat—the prisoner snapped his thumb and finger, and said, "Oh, you have not got it!"—I said, "You have swallowed it"—he said, "No, I have put it in my pocket"—I took him to to the station—Mr. Penn was there—I placed the prisoner in the dock; he instantly took out this purse (produced), and took out a good 2d. piece, put it to his mouth, and said, "This is the good 2d. piece that I offered to the landlord"—I can swear that it is not the same I sounded on the cask—I searched the prisoner and found one halfpenny on him—he gave me an address—I went there, but could not find any such person.
GUILTY .— Confined Nine Months.
MR. ROWDEN conducted the Prosecution.
JAMES BRANNAN . On 8th February, about 10 at night, in consequence of information I received, I went to 8, James-street, Fleur-de-lis-street, Spitalfields, at a quarter to 12 at night, with Sergeant Brannan, Inspector Fife, Sergeant Harris, and Elliott, 104 G,—the front door was shut; it was, forced open by Sergeant Bannan at my request and we went into the first-floor front room, the door of which was ajar—no one was there—I looked in the adjoining room and saw the prisoner—I said, "Miss Cavanagh, I
want to see you; is this your room?"—she said, "Yes, we hare not been here a week"—I said, "I know you have not, for I have had you under observation in Thrall-street; where is Weldon?"—she made no answer—I said, "I mean Mander"—she said, "He is out"—I saw a box on a chair near the fire-place—it was locked—I said, "Who has the key of this?"—she made no answer—I said, "Come, let me have the key if you have got it"—she put her hand to her dress pocket, took from it two keys, and said, "The largest will open the box"—I opened it and found this ladle, which was warm, containing a very small portion of white metal and eight counterfeit shillings, one finished and seven unfinished—I said, "This is pretty good proof that my information is correct"—she said, "I cannot help it, Mr. Brannan, we must do something for a living"—there was a quantity of broken plaster on the hearth, which I believe to have been used, though I cannot say for moulds; it was thrown down as if it had been set and broken into powder—on the table was a plate containing sand and water, which is used in scouring counterfeit coin after it is cast, it takes the blue hue off it—I took her in custody.
Prisoner. What I said was, "I work very hard for my living," Witness. No.
ARTHUR ELLIOTT (G, 104). I went with Brannan—I searched the room and found a bottle containing acid in the cupboard—I have heard Brannan's evidence; it is quite correct—I heard the prisoner say, "I must do something for a living."
Prisoner. I never said such a word.
Prisoner's Defence. I never saw the parcel till the policeman opened it; it was brought into my place by the young man I was riving with, who told me not to open it I work very hard to support myself and child.
MR. COLLINS, as amicus Curia, suggested that as the coins were unfinished they did not resemble the current coin of the realm.
MR. COLLINS further suggested that a shilling has a milled edge, whereas the edges of all the coins produced were rough. The COURT having consulted the RECORDER left it to the jury to say, whether the coins or any three of them "resembled, or were intended to resemble a piece of the current silver coin of the Realm called shillings."
GUILTY — Confined Eighteen Months.
MR. ROWDEN conducted the Prosecution.
CATHERINE SIMPKIN . I am the daughter of Richard Simkin, the landlord of the Fountain public-house, King-street, Long-acre—on 21st February, about 10 o'clock in the day, the prisoners came into my father's house—Donovan came in first, before the soldier came in—he asked for a pot of ale—I gave it him and he paid me with good money—I cannot remember what it was he gave me—just before he asked for the ale Collins came in and whispered to him—they drank the beer together—during the course of the day they came in together frequently—Donovan came in again with two men, strangers to him, and asked for a pot of ale—he paid for it with a shilling—I put that shilling in the till-there was no other money in that till—Collins came through the other side of the bar, but went out again
directly—Donovan called for another pot of ale—he gave me a shilling at first and I gave him 6d. change—I put that shilling in the till and there was no other money there—he then went out—I do not know where Collins was then, he was not in the house—they came in again together and Donovan asked for half a quartern of rum, and gave me a shilling in payment—I put it in the till with the other two—there was no other money there—Collins was standing a little way from Donovan at the same side of the bar—Collins asked my sister for a quartern of gin—I do not know what he gave her—he drank it with another man—he did not drink any of the rum with Donovan—Collins also asked for a screw of tobacco, which came to a penny—he offered a shilling in payment for that, and I put it in the same till—we never kept money in that till—Collins then asked for a pot of ale, which was 6d.—he gave me a shilling in payment—I tried it directly and found it was bad—I showed it to him and said that it was a bad one—he said, "Give it to me back and I will give you another"—I said, "No"—he then gave me a good sixpence, and I kept the bad shilling and pat it on one side—Donovan and Collins drank the ale—when I found the shilling was bad, Donovan called for another pot of ale and paid for it with a good sixpence—a woman who had been drinking with them said, "You will see if that is bad? you said the other was"—I said to Collins, "I have got the one that you gave me for the screw of tobacco in the till"—I tried it and found it was bad—I then said I would go and see if those that the boy Donovan had given me, were bad—I went and fetched them and found they were all bad—I gave all the counterfeit shillings to my mother and sent for a policeman—the men knew it and some of them left the bar at the time—my father stood at one of the doors and prevented the prisoners from going out—my mother had the shillings—they were given to Franklin in my presence.
Donovan. Q. Did you not say that on the Friday me and the soldier were drinking all day together? A. No, not all day—you were in the house about 4 in the afternoon—you had the half-quartern of rum when you came back in the evening.
Collins. Q. On the morning when I came into your house did not this lad come in with me? A. He was in there before you came in—you came in and whispered to him first, and then called for a pot of six ale and Donovan paid for it—you were there about 4 or 5 o'clock—the lad then came in about a minute or two after you—the bar was crowded, but only with your own friends—no one at the bar had given me a shilling—when I took the money out of the till I thought it was good.
COURT. Q. Did you take any shilling from any other person on that day? A. Yes, but they were put in a different place—I took another bad shilling that was mixed with the good that same day—the shillings which I took from the prisoner I am able to identify, having kept them separate.
WILLIAM FRANKLIN (Policeman, E 20). On Thursday evening the 21st, a little after 12, I was sent for to the Fountain public-house—the prisoners were there—I took one, and another constable took the other—the last witness told me they had been passing bad money—she said the soldier had passed two, and the middy, as she called him, had passed three—she also gave me three shillings which she marked before I took them out of her possession—I took Collins down to the station—he merely said he was innocent and knew nothing about it—I searched him and found five pennyworth of halfpence in his pocket—I saw Donovan searched, and 2d. 2d. in good money found on him.
Collins' Defence. I am on furlough and I know nothing about it.
Witness for Donovan.
JAMES MCCARTHY . I am a general-dealer in Church-street, St Giles—I was with Donovan on this day at the Fountain public-house, but not before half-past 4—I had some refreshment with him there—I stayed in his company till half-past 12 at night—he called for several pots of ale—I can swear that the 1d. he gave was a good one.
Cross-examined by MR. ROWDEN. Q. What number do you live at in Church-street? A. No. 10.
NOT GUILTY .
OLD COURT.—Wednesday, February 27th, 1861.
PRESENT—The Right Hon. the LORD MAYOR; the LORD CHIEF BARON POLLOCK; Mr. BARON CHANNELL; Mr. Ald. CHALLIS; Mr. RECORDER; Mr. Ald. ROSE; and ROBERT MALCOLM KERR, Esq.
Before the Lord Chief Baron Pollock.
239. EDWARD ZINCROFT(27), was indicted for stealing, whilst employed under the Post-office, a post-letter containing two half-sovereigns and 6 postage stamps, the property of Her Majesty's Post-master-general; to which he
PLEADED GUILTY .— Confined Eighteen Months.
Before Mr. Recorder.
MR. LILLEY and MR. M. J. O'CONNELL conducted the Prosecution.
HONORA CONNOR . On 10th February I lived at 10, Holborn-buildings—I now live at 10, Bishop's-head-court—I am the wife of Michael Connor—I had a child named Catherine—on 10th February the prisoner visited my room, my husband was at home as well as myself and four children—the child Catherine was there among the others—she was ten months old the night she died—the prisoner was sitting by the fire—there was a piece of iron used as a poker, with which we stirred the fire, standing by the fireside—the prisoner took it and began to poke out the fire with it, and began fiddling with the fire, with the iron rod—I reprimanded her two or three times to put it down—she was poking the fire out one way and the other—I was suckling my child, and when I was in the act of holding it out, she thrust the poker quite straight at the child, right in the groin—I said to the prisoner, "You have burned my child"—she said, "No," turning the poker round and bringing me the other end—I said, "Don't you do like that,—I put my hand against it and it was quite hot—I was suckling the child at the time she did it, and holding it out—the child's clothes were up, and the prisoner thrust the poker up towards it—it came right on the privates and thigh—the child did not cry much at the time—I got some sweet-oil and used it—it got very low—the prisoner had used the poker towards the other children in the morning part, and she said to my husband she should like to put the poker so and so, and mike so and so of him; it is not fit to be explained—this was between 6 and 7 o'clock on the Sunday night—I went to a surgeon in Leather-lane on Wednesday—he examined the child and gave toe some elder-ointment for it—I can't tell the name of the doctor—on the Friday I took it to Bartholomew's Hospital and the doctor dressed it, and
told me to bring it again on the Monday—on the Saturday I saw the child was getting very low and I took it to Mr. Cox, at night, and he looked after the child till it died—it died on Sunday evening after 6 o'clock—the prisoner never offered to take the child to a surgeon at any time.
Prisoner. Q. Did I not come on Monday morning and say, "Take the child to Gray's Inn Hospital"? A. Not a bit of it—you came to me wanting to deprive me of my boots—I did not move the child towards the poker—we did not have any supper or gin together, in my place, after this happened.
COURT. Q. When you said, "You have burnt my child," did she say anything? A. She said the poker was cold, handing forwards the cold part, and holding the hot part back—this is the instrument I call the poker (looking at a piece of bent iron produced by the officer).
MICHAEL CONNOR . I am a labourer, and live at Bishop's-head-court, Holborn—I work for Mr. Sanders, in Castle-street—the deceased child, Catherine Connor, was supposed to be my child—she was ten months old when she died—I was present on Sunday evening, 17th February, when she died—on the Sunday evening before that, at the time the accident occurred, I was in my own room, in Holborn-buildings—the prisoner was there—she had come in several times the day before—I saw her doing something with the poker—I do not know anything much about this occasion, and I am very sorry to know it now—she caught hold of this poker and was putting it in between the bars for some time, I can't tell you how long—she kept putting it in and out—my wife sat at one side of the stove and the prisoner sat at the other side—my wife was holding the deceased child out to make water—since this has happened I cannot recollect things as I ought—the prisoner took the poker out of the fire and put it right into the child and catched her in the privates and in the thigh—the poker was hot at the time—I do not know whether it was red hot—the child made but very little noise—my wife said to the prisoner, "You have burnt my child"—I can't recollect what she said to that—I don't recollect her saying anything about the state of the poker, whether it was hot or not—I had had something to drink at this time, but I have often had more—I was sober enough so far as not to do an injury to anybody else—I was sober enough to recollect what happened—what I do recollect I am telling you.
Prisoner. Q. Did not you and I go out in the morning and have two pots of beer together? A. Yes; I afterwards drank at your expense, because I had no money myself, only one pot of beer I brought in for dinner—you made use of very bad language—you had some supper in the room—there was a saucepan used—it was a borrowed one—I did not tell you to poke the fire, no such thing—I did not tell you to go and get a bottle of gin and a gallon of beer—you brought some gin in a bottle—I can't tell how much there was.
CATHERINE SULLIVAN . I am the wife of Patrick Sullivan, of 5, Holborn-buildings—I am no relation of the prisoner's—I have never seen the prisoner but twice—I saw her on Sunday morning the 9th, at the room of the last witness—when I went in, the prisoner, Mr. and Mrs. Connor, and the four children were there—it was between 12 and 1 in the day—the prisoner was dancing and capering about the place—the eldest little girl had the baby in her arms, and the other little girl, three years old, was standing by the side of her—the prisoner took the piece of iron out of the fire and reached it towards each of the two youngest children—the baby was in the little girl's arms, and the other child stood on the left side of the little girl—I took the piece of iron out of her hand and threw it on the floor, and I said to her,
" Woman, do you mean to burn the children?"—she said, "No," she did not mean it—in the course of some time she took the piece of iron up again and pushed it into the fire, and drove it towards each of the children again, and I took it out of her hand again and threw it on the floor, and she took it after some time again and pushed it into the fire, she did not let it remain there long, when she took it out again and reached it towards the children again—I took it out of her hand, threw it down, and said, "What do you mean?"—she said it was larking—I said, "Very often a lark comes to a linnet"—I threw the poker down again—she took it up and put it in the fire the fourth time, and she put her hands round the father's arms and said, so help her God, she should like to do so and so and make a freemason of him—Mrs. Connor was going to make some dumplings for her children's dinner, she had no dish to make them up on, and I went and got her one—I saw nothing more—I walked out and did not come in afterwards—I did not see the poker put to the baby—this was between 12 and 1 in the day, and the baby was burnt between 6 and 7 in the afternoon—I did not see the baby till between 10 and 11.
Prisoner. Q. Did you not see the child about 8 o'clock, when I brought in a bottle of gin? A. Between 10 and 11 in the night—I took the poker out of your hand between 12 and 1 three times—I am on my oath and it is not likely I should d----n my soul for you or any other person—I saw you put the poker into the fire.
HENRY COX . I am a member of the Royal College of Surgeons, and live at 4, Gray's Inn-lane—on Saturday night, 16th February, about 11 o'clock, I was visited by Honora Connor, with a female child—I examined its private parts—it was suffering excruciating pain—it was bordering on a state of mortification—the extensive inflammation was seated on the right labia of the female organ of generation, and there were marks, corresponding to the instrument produced, of charred cuticle—the child was suffering from nervous excitement from pain—it was in a healthy condition generally, and well nourished—it was not in a low state—it was in a very excited state from great pain—such an inflammation as I saw would produce that excited state until the mortification made progress—having examined the marks I aw with the instrument, I have every reason to believe it was inflicted by that instrument, and by a burn—I have not the slightest doubt of that—I ordered a liniment, which my assistant made up—I was absent when called on the following day, and my assistant went and visited the child—that was on Sunday—I was summoned to go to the child—it died just as I arrived, about a quarter to 7 on Sunday evening, the 17th—I saw it dead at that time—it vas the same child—I made a post mortem examination of the body twenty-four hours after death—the general appearance of the body was good, very well developed, and particularly fine for its age—it was particularly clean—the under and upper parts of both thighs were highly inflamed, and bore marks of the instrument, marks of burning, charred cuticle, completely destroyed—there was a corresponding mark on the outer side of the left foot, as though the instrument had been applied to the genital organ, and then in the movement to avoid it. H had caught the foot—the mark was slight on the foot, it had merely destroyed the surface of the cuticle, but it bore evident marks of the instrument produced—there was very extensive inflammation of the right labia passing to the internal parts of generation, extending to the bladder, and producing extensive inflammation into the pelvic cavity—I was very careful in my examination, and was unable to find anything other than would have ensued from nervous excitement—the cause of
death was nervous prostration, induced by the injuries inflicted—it is my firm belief that the burn was the cause of death—I could not see anything else to account for it—mortification had taken place in the parts, conveying the effects to the nervous system, and ultimately killing the child—the mortification was in the substance of the labia and the lower part of the right thigh, which implicated all the vessels in the immediate part.
Prisoner. Q. What day in the week did she bring the child? A, On the Saturday night before it died—it appeared to have been kept very clean.
Prisoner's Defence. She neglected the child in filth and dirt to go after charity, that is her character. I did not take the poker in my hand to injure any child, for I am a mother myself; they stood godmother and godfather to my second child. I have been a good friend to her in every way; my husband was fifteen or sixteen weeks out of work; we were obliged to sell our home, and I went to her for shelter. I did not do it with any bad feeling, it was dirt and neglect, and the place being so narrow, and I poking the fire with the poker. I did not mean to do it.
GUILTY.—Recommended to mercy by the Jury, believing it was done through drink.— Confined Six Months.
From MR. COOPER'S opening it appeared that the prisoners were with other at a public-house; when a bet being proposed, they deposited with the landlord the note in question, to be held by him as their portion of the stakes, and upon his discovering the note to be a forged one he gave them into custody. The RECORDER, upon this state of facts, did not think they made out such an uttering as would support the indictment, unless some authority could be adduced. MR. COOPER was not aware of any direct authority, but where a forged receipt for rent had been produced it had been held to he a sufficient uttering. The RECORDER could not accept that as a case in point, for there it was clearly intended to be represented as a receipt.
MR. RIBTON (for the prisoners) called attention to Reg. v. Shaukard, in Russell and Ryan. The RECORDER, after consulting MR. BARON CHANNELL, was clearly of opinion that this was no uttering, and directed a verdict of
NOT GUILTY .
MR. SHARPE conducted the Prosecution, and MR. H. GIFFARD the Defence.
GUILTY —Recommended to mercy.— Confined Three Months.
243. JAMES WALLIS(17), CHARLES IMPEY(35), JOHN CUPIS (28), and HENRY NEIGHBOURS(41) , Feloniously killing and slaying Alfred Tabraham; they were also charged on the Coroner's inquisition with the like offence.
MR. TAYLOR conducted the Prosecution.
JAMES MOSELEY . I live at 12, Cock and Castle lane—on Sunday, 8th February, I went down into the neigbourhood of the Lea-bridge-road in a cart—the cart did not belong to me, only the horse—I did not come home in it; I walked—I saw Tabraham, the deceased man, there—he was brought home to my house, by his brother's horse and cart I believe—I saw a horse and cart going along, and I followed it to the forest—I saw a fight, not on the marshes, but in the forest—I saw the prisoner Wallis there; he was fighting with young Tabraham, whose Christian name, I believe, is Alfred, not Henry Tabraham—I have seen the brother Henry Tabraham here to-day
—I saw several rounds—there were so many people there, that you could not fell which was the best—they fell several times—I could not say which fell under—I did not see the end of it, or the beginning—I cannot say that I saw either of the other prisoners there—I saw one man wipe Wallis's face.
COURT. Q. Did you see any of the other prisoners there? A, Impey—I did not see the man brought home—I saw him at home, after the fight, when I came home he was at my house—I believe he was then insensible, he could not speak—a doctor came to him—for what I know, it was between 11 and 12 o'clock in the morning that he was brought home—he died at 8 o'clock at night.
Cross-examined by MR. BEST. Q. During the time you were there looking at the fight, was everything fair and straightforward? A. Everything that I could see of it.
HENRY BURDER . I live at Wood-street, Walthamstow—I was present at the fight on the Forest, on Sunday morning, 27th January—I saw Wallis there—I saw eight or nine rounds, I should say—Wallis and the deceased were fighting—they fell at the end of each round—I cannot exactly say which generally fell underneath; one fell as much as the other—I also saw Neighbours and Impey—they were seconding the men; I could not tell which men—when the deceased or the prisoner was picked up, they washed him, and then both began again—I saw the last fall that took place—I believe Tabraham fell undermost then—I could not see what was the cause of that fall—I did not see any blow in particular on that occasion—he was taken afterwards to Nicholls', a blacksmith's shop, and washed.
Cross-examined by MR. BEST. Q. What were you doing at this fight? A. I was walking up Hagger-lane, it being Sunday morning; I saw a crowd, and went there—I was outside the crowd—I was not above ten yards froth the ring where they were fighting—there were a lot of other persons between me and the ring—two or three rounds before the fight was finished, I heard Wallis say that he wished to give up—I did not hear whether they would not let him stop or not—he went on again the next round.
Cross-examined by MR. RIBTON. Q. Did you see Neighbours there? A. Yes; I was not above ten yards from him—I am quite sure of that—I have always said so—I did not know Neighbours before—I saw him on the Wednesday afterwards at the coroner's inquest—the coroner pointed him out to me—he asked me if that man was one of the seconds, and then I said it was—I never said so before to-day, except to the coroner—I never said w before the Magistrate—he was not before the Magistrate—they told me his name—there were a great many people between me and him—I was standing on very high ground.
WILLIAM STRUTT . I live at 29, King Henry-street, Back-road, Kingsland—on this Sunday morning I saw some horses and carts going along Shacklewell—I went with them—I saw two men fight in the Forest—I believe the deceased was one of the men—I did not know at the time who the other one was; I believe Wallis is the man—I did not see either of the other men there—I did not ride with the deceased in a cart.
HENRY TABRAHAM . I live at Albion-place, Hornsey-road, and am a greengrocer—the dead man was my brother Alfred—I was at this fight on the Forest, on Sunday, 27th January—I was thereat the second round—my
brother and Wallis were fighting—some of the other prisoners were there, but I could not swear to them—I have seen them before—I saw my brother fall to the ground at the last round—I did not see what caused that—I went home with my brother to Moseley's—it was about 1 o'clock when I got there.
CHARLES BEWLEY . I am a member of the Royal College of Surgeons—on Sunday, 27th January, I was called to the house of Moseley, and saw the deceased man Tabraham—that was about 20 minutes past 3 o'clock—I found him perfectly insensible, in a state of collapse—I examined his body—I found his head slightly bruised; different protuberances about the head; and one rather severe blow under the chin—he was perfectly insensible, not to be roused up—he died that evening, about a little after 8 o'clock—I made a post mortem examination in conjunction with Mr. Duplex—I examined the head and state of the brain—I found the brain generally healthy; there was some amount of extravasation in the left hemisphere—on the front portion of the brain, on the left side, there was an escape of blood; about a teaspoonful—I found one external mark, a bruise, corresponding to that—that extravasation of the blood was the cause of death.
Cross-examined by MR. BEST. Q. Might that blow be caused by the effect of a blow from a fist, or from a fall on the ground violently? A. It might be caused by a fall.
COURT. Q. Is it not more likely that the fall would cause it, than the blow? A. I should think it was more likely than a blow.
Cross-examined by MR. RIBTON. Q. Suppose a man carried home in a cart, put into the cart awkwardly; might it be caused by the striking of his head against any portion of the cart? A. It might be—I think it quite possible.
GEORGE DUPLEX . I reside at 60, Torrington-square, and am a member of the Royal College of Physicians, at Edinburgh—by order of the coroner I made a post mortem examination of the deceased man—I heard the last witness's evidence—there was a very considerable bruise on the left temple, which had disorganised the temporal muscle, completely lacerated it; and underneath the skull, corresponding with that locality, I found a quantity of blood extravasated, from the rupture of the vessel—death unquestionably arose from that extravasation—the organs of the body generally were healthy—I infer, from what I saw, that the death of the man was occasioned by a fall.
Cross-examined by MR. BEST. Q. Would such a fall as a senseless body being lifted into a cart, and then dropped down, would that cause death like this? A. I should think that it would want a heavier blow than that.
Cross-examined by MR. RIBTON. Q. If in any part of the transit his head might have been knocked against any portion of the cart, would that have caused concussion? A. That would not have caused extravasation—I have no doubt at all myself as to the death being caused by the fall, and not by the blow of the fist, from the situation of the injury.
NOT GUILTY .
The Grand Jury having in this case ignored the bill, MR. HORRY on the part of the prosecution, offered no evidence on the inquisition.
NOT GUILTY .
NEW COURT.—Wednesday, February 27th, 1861.
PRESENT—Mr. BARON CHANNELL; Mr. Ald. HUMPHERY; and Mr. Ald. GABRIEL.
Before Mr. Baron Channell.
MESSRS. GIFFARD, POLAND, and MEADOWS, conducted the Prosecution.
JOHN BARELLI . I am a commission agent, of 10, Trump-street, Cheapside—in June last, I was agent to Joseph Marshall and Co. of Leeds, cloth merchants, and went to the premises of Gandell and Co. in Greenwich-street, which is in a line with the water—it is the premises marked C on this plan (produced)—the under part, I believe, belongs to the copper company—I had never been there before—this gateway is the entrance to the premises—I think the entrance is in Greenwich-street, and not by a door in the gateway—the packing business was being carried on there—I did not see the prisoner on my first call, and I do not think I left any patterns—I called again, perhaps two or three days after, and saw the prisoner in his counting-house at the end of the warehouse—it looked out on the water—I took some patterns of blue cloth with me—I said that I had the pleasure of representing Joseph Marshall and Co., of Leeds, in the cloth trade, and showed him some patterns of blue cloth which I then had in my warehouse—I left them with him, and he asked me to come again in a day or two—I did not know his name at that time—I only knew him as Mr. Gandell—I had applied for Mr. Gandell, and I. was shown into the counting-house to him—that was the second time—the person I asked took me forward into the counting-house, and said, "There is Mr. Gandell"—I saw no other Mr. Gandell—the prisoner was the only party I saw at any time to have any conversation with—I called again in two or three days, and went into the counting-house—I never spoke to him in any place but the counting-house, and I do not think I ever went without asking for Mr. Gandell—he said on that occasion, "You can send in those pieces that you have"—I agreed to do so—I do not remember arranging at that time how they were to be paid for—when I sent them in he told roe he could buy a lot of goods for the market, such as black, and Oxford mixture, and brown. medley, and that he could do a large business for me—perhaps that was a day or two after I had agreed to send in the cloth—I told him the nature of the goods, and I think at that time he said he would buy the other goods of me if I could get up patterns of them—I got patterns up from Leeds, from Joseph Marshall and Co., and saw the prisoner about them in his counting-house—some of them were purchased, and he told me that he could buy a lot of goods for the China market, a class of goods we call Spanish stripes—I said that at present I had nothing in that way, except a small lot of eight and a quarter coloured cloths which I had, representing Thomas Conyers and Co., of Leeds, whose agent I was—I pulled the patterns out of my pocket, showed them to him, and I think I left him ten or twelve of them, and promised to call again—I saw him again a few days afterwards, and he said that he would take them—that was I should imagine, in the early part of June—I asked him for a reference, as I like to have a reference with any new customer—he gave me a reference to a house at Bradford, by word of mouth, and I think I wrote it in my
pocket-book at the time; but will not swear to that—I then wrote to Marshall's, giving the reference—that was before I went about Conyers' goods—the reference the prisoner gave me when Coyners' goods were ordered, was at a house in Halifax—will you allow me to say that he may have written it on a small slip of paper, and given to me, but if so it was verbally as well—if it was given me merely by word of mouth, I should make a memorandum of it—whatever it was I communicated it to my principal—I said to the prisoner, when Conyers' goods were ordered, that my men were little men and preferred cash—he said that he could not pay cash, but he would accept a bill at four months from the date of the invoice—I agreed to that—we had agreed upon the price—I communicated the order to Conyers, and the goods were afterwards sent in direct from Leeds; not through me—it was after I got the reference and sent it into the country, that Marshall's goods were sent in; not many days after, but time enough to make inquiry—I recollect Mr. Conyers coming up to London—I do not think that was on 18th June, but it was on a Monday—the bill was drawn on the 18th—I went with him to the premises in Greenwich-street, and introduced him to the prisoner—I said, "Mr. Gandell, I have the pleasure of introducing Mr. Conyers, of Leeds, to you"—Mr. Conyers then said that he had brought up the bill for his acceptance, producing this bill—(an invoice had been sent in; that would go from Leeds, it was not produced at this interview)—the bill bore date 14th June, and was addressed "Messrs. Thomas Gandell and Co. 79, Thames-street, London"—the prisoner looked at it, and drew his pen through the word Thomas, saying, "We always accept as Gandell and Co.," but turning round to Mr. Conyers, he said, "It makes no difference, the firm is the same"—he made other alterations, but I only noticed his striking the pen through "Thomas"—the address is altered—he has introduced the words "Joiner's Hall-building, Upper Thames-street"—I know Mr. Conyers' writing—it is not his, and it is not mine—the prisoner then said he wished the bill re-drawn, and he would accept it—I did not notice whether anything was said about the date, but I see that the date is altered from the 14th to the 18th—Mr. Conyen then returned to ray warehouse, taking this with him.
Cross-examined by MR. LEWIS. Q. How long have you known the firm Thomas Gandell & Co.? A. Never before my first calling on them, but I had heard of them for many years as packers—I have seen the name on carts about the City since 1856, and before, but I did not know where they carried on business till I called upon them.
Q. Do you know that since 1856, the part marked B on this plan has been given up? A. I knew nothing of the firm or the locality of it till I called on my first transaction—I only knew that there was such a firm—a great many persons know that there is such a firm as Childs and Co. but I do not know where it is—I went to the prisoner quite unsolicited by him—I took' an order-book, do you think I took a bit of paper?—I told his Lordship that I took an order-book—I have not the order-book here, because I came this morning, not knowing the trial would take place, for I was told that the bill was not found—this is the first time that my attention has been called to the order-book—I have not been examined by an attorney—I do not know that I have looked in my book, with regard to Marshall, since the investigation at the police-court, but cannot say positively—Marshall's transaction was entered merely "Gandell, of Thames-street"—in the case of Thomas Conyers I looked at the book, but in taking the name of Gandell and Co. I did not take the Christian name—the referees in Conyers'
affair were Peeles of Bradford—I have known the firm of Gandell and Co. a long time, and I believed it to be the firm of Thomas Gandell and Co. when I first sent in the reference to Marshall's—I always knew the firm as Thomas Gandell and Co.—I never asked the prisoner what position he held in the firm—I had only known the firm as hot pressers and packers, never as merchants or consignees of goods—I had not known them to be carrying on the trade of exporters for more than three weeks or a month before I called on the prisoner—that was the first time in all these years that I heard that they were exporting goods—it did not strike me to ask the prisoner how long the firm had been engaged in exporting, or to ask whether it really was the firm of Thomas Gandell and Co. which was exporting—when I use the word "export," I mean selling as well as exporting—I have known other packers; there is Perrett and Watts—I never knew men engaged in the business of packing, ship goods on their own account, but perhaps, my Lord, you will allow me to make a remark; my first reason in calling on Gandell and Co. was that they had been concerned in packing goods to Hudson's Bay, and on that occasion they were trying to do a little business on the quiet—I should say it is not a common thing for packers to ship goods on their own account, but many people profess one trade and carry on another—whether light or wrong, I supposed that by carrying on the business of packers they were shipping on their own account, and that led me to apply to them—I think it was on the quiet something; out of their ordinary course of business—I should say Mr. Conyers came up to town a week or a fortnight after I had received the order for him—I cannot say exactly—the arrangement was that the bill was to be drawn from the date of the invoice—Mr. Conyers did not know the firm of Gandell and Co., my clients are not supposed to know all the firms I call on—I did not tell Conyers that they were doing a little shipping on the quiet—I do not know that I told him they were packers—I did not tell him that they were shippers—I gave him the reference—when he came to town I told him something, and took him to Thomas Gandell and Co. of Thames-street—I did not tell him who they were, I took him to see for himself, and I think he saw that they were packers—he must have known the nature of the order at that time, because he executed it—he was present at the presentation of the bill—there was only one conversation in reference to the bill—there is no drawer's name on this bill, but it is not a bill, it is a stamped piece of paper—I do not know that Thomas Gandell and Co. banked at the Bank of England—I saw a piece of paper on the prisoner's desk, with "Messrs. Price" on it, and I imagined that Messrs. Gandell banked at Sir Charles Price's, and I do not know whether he did not give me that reference—my impression is that he did bank at Price's—I cannot say that he gave a reference to Sir Charles Price—I never went to Sir Charles Price—I cannot say whether Mr. Conyers or myself presented this piece of paper, we were both together—we were both in the room when he scratched out the "Thomas"—I made no observation to the prisoner then—it was a momentary transaction—I will swear that the form of expression was," We do not accept as Thomas Gandell and Co."—I did not notice that he laid any emphasis on the word "we"—I did not hear at the time how long the firm had been shipping goods—I do not know since, that bills to the extent of about 10,000l. have been met at Sir Charles Price's, certainly not; how am I to know t—I could not go into his private business—it is not likely that I could go to a person and find out what bills had been met—I know nothing of Thomas Gandell and Co.'s bankers—the prisoner on one occasion spoke to me about black cloth mixture, which, I understood
him, was for the India market—I do not know that those goods are suitable for the India market, but shippers send out strange things sometimes—I believe that stripes are especially suited for the China market—it is a very light fabric of cloth—at the time when the "Thomas" was erased, the prisoner did not say that he had no authority to accept as Thomas Gandell, certainly not; you may take that down.
COURT. Q. Were you selling on the terms of guaranteeing the payment? A. No; I did not guarantee the account—when I first called I did not see him—when I called again it was not by specific appointment for 10, 11, or 12 o'clock—no particular time or day was stated—I introduced Mr. Conyers—the intended drawer and acceptor were then both there, and if they had put their names it would have been complete—this bill (The forged one) is in the clerk's writing.
Cross-examined by MR. SLEIGH. Q. Is Joiner's Hall this space here, and ought it not to be coloured the same as A and B? A. No—that shows the plan of the premises over-head—this which is marked Joiner's Hall, is part of the premises coloured pink—it is an upper storey of Joiner's Hall—I believe it is used as stowage for wine—taking the square which is denoted by the pink lines, you get the basement, and taking the other, you get the whole, with the exception of a court cutting in here—I do not know whether they were all in Gandell's occupation.
THOMAS KILBURN CONYERS . I am a manufacturer, carrying on business at Leeds, under the name of Conyers and Co.—between 9th and 12th June I received a communication from Mr. Barelli, in consequence of which we made inquiries about the firm, after which we executed an order—this (produced) is the invoice we sent to London by post—it is in my clerk's writing, he posted it—the goods corresponding with these invoices were sent—I did not see any of the invoices, but I saw the goods previously to their being packed.
JOHN NICHOLAS MASON . I am solicitor to the assignees under the bankruptcy of Gandell and Todd—I found this paper among the papers in that bankruptcy—I produce it as solicitor to the assignees (MR. LEWIS object to this being produced, unless it came from the messenger who was the proper officer; and MR. GIFFARD withdrew it for the present).
THOMAS KILBURN CONYERS (continued). I never saw that paper in London, till a fortnight or three weeks ago—I came to London on 18th June, and went with Mr. Barelli to the premises in Greenwich-street—he introduced me to the prisoner as Mr. Conyers, a manufacturers of Leeds—we commenced a conversation about Spanish stripes and cloths—I presented the bill, and Mr. Gandell struck out the name of Thomas, and altered the date from the 14th to the 18th, and wrote "Joiner's Hall-building". Upper Thames-street"—he requested me to draw another bill in the name of Gandell and Co.—he said, "We accept Gandell and Co. but the firm is the same"—I was desired to draw a fresh bill and send it down—I agreed to do so—I afterwards drew this other bill (produced,) and it was afterwards brought to me, accepted as it now is—I negociated it, and it was returned about 24th October.
CRESCENS ROBINSON . I am a wholesale stationer, of 79, Upper Thames-street—I have carried on business there since 1853—I know the name of Woodwell, of Joiner's Hall-buildings—my place is at the corner of Joiner's
Hall-buildings, and the other corner is No 80—Joiner's Hall leads down Greenwich-street—I know the firm of Thomas Gandell and Co.—they carried on business at Joiner's Hall, in Joiners Hall-buildings, when I first knew them—they were there when I took occupation of my premises in 1803—I do not remember the exact time—they were there two years I should think—they then moved to Joiner's-street, which is immediately at the end of Joiner's Hall-buildings—this part, the new premises, are letter C on the plan—Joiner's Hall-buildings, is a private passage, between No. 79 and 80—as you go towards Joiner's-street No. 80 is on the left—it is this block of buildings marked E, and No. 79 is the opposite comer—when they removed, it was to the part marked C—since they removed from Joiner's Hall-buildings, there has been no firm that I know of, of Thomas Gandell, carrying on business as packers there—Mr. Thomas Gandell's private residence is there—that is the part marked A and B.
Cross-examined by MR. LEWIS. Q. Do you recollect when Thomas Gandell and Co. left? A. No; I do not think it was more than two years ago—they have not carried on business as packers at Joiner's Hall at all since they left—part of the premises are in the occupation of Messrs. Cairns and Son, wharfingers; the business premises—they have been so ever since, as far as I know—there never was a name written up—the name of Cairns is not written up now.
MR. GIFFARD. Q. Do you remember what name was written up at the premises in Greenwich-street? A. No; I do not remember if there was any name.
EDWIN BULLOCK WATTS . I am an officer of the Court of Appeal in Bankruptcy—I am in the chief registrar's office—the affidavits of bankrupts are filed there—I produce these papers from the file in the chief registrar's office.
MR. SLEIGH. Q. Where did you get it from? A. From the chief Registrar's office—I am clerk there, and these papers are filed there—all I can say is that I have brought them here off the file, by order of the Court.
JAMES SEDGER . I am a clerk in the bank of Sir Charles Price and Co.—the prisoner kept an account there—the signature to this affidavit is his, to the best of my belief—I have constantly seen his signatures, and acted on them—the acceptance to this bill "Gandell and Co." is in the prisoner's writing.
Cross-examined by MR. LEWIS. Q. Does his father, Thomas Gandell, keep an account? A. Not with our firm—the prisoner has banked there as long as I have been there, which is over twelve years—during the last eighteen months, bills have been paid into the bank, which we have honoured, accepted by Gandell and Co., and for a longer period than that—I cannot say that for the seven months preceding the bankruptcy, we have honoured bills signed Gandell and Co. to upwards of 10,000l.; but to a large sum—they have been in the same form as this precisely, with the exception of the drawer's name—during the preceding eleven months, the bills we have had, have amounted to a very large sum.
COURT. Q. Was it the course to provide you with funds? A. There were always funds provided. (The affidavit was here read: it was signed by the prisoner, and stated that his father, Thomas Gandell, for many years carried on business at Joiners' Hall, as "Thomas Gandell and Co." in whose name bills were usually accepted down to the present time; that he never represented himself as the partner of Thomas Gandell, lately deceased, or that the goods purchased by him were purchased on the joint account, though it was possible
that some persons not acquainted with the nature of his business, might suppose that he was buying on account of Thomas Gandell, but such was not the fact, and that he had no intention to deceive, the purchase being made on the account of himself and Henry John Todd.)
JOHN CHARLES AUSTIN . I am one of the ushers of the Court of Bankruptcy—I produce an examination taken in that Court, of Edward Gandell, on 2d August: and another on 22d September—they purport to be signed Edward Gandell.
JAMES SEDGER (re-examined). I believe this to be signed by the prisoner. (MR. LEWIS objected to this evidence, which he founded on the case of Reginav. Scott. THE COURT considered the evidence admissible, referring to the case of Regina v. Cross, 7 Cox's Criminal Cases, where it was laid down that the "examination of a bankrupt is admissible in evidence against him on a criminal charge arising out of the very matters upon which he was examined." The examinations were then put in.)
JAMES DENTON . I am in the employment of Messrs. Fresh field and Newman, solicitors to Messrs. Smith, Payne, and Smith—I attended at the examination and examined the prisoner myself—I received this letter (produced) from Smith, Payne, and Smith—it purports to come from George and Downing—I showed it to the prisoner when he was under his examination—it is not marked by the Commissioner. (MR. LEWIS contended that the prisoner was no party whatever to this letter, and therefore that it was not admissible. The Court was of opinion that as the prisoner interpreted that letter in his examination, it was evidence against him. The letter was from Messrs. George and Downing to Messrs. Smith, Payne, and Smith: it stated that Edward Gandell was not a partner in the house of Gandell and Co., and had nothing to do with it; that Thomas Gandell was a gentleman of 87 years of age, and had for seven years carried on alone his business of a packer, his son, Edward Gandell, having been for years in his father's service at a weekly salary of 51 and that they were never in partnership.—Bills read: "London, June, 1860. Drawn on Messrs. Gandell and Co., Joiners' Hall-buildings, Upper Thames street, for 109l. 2s., four months after date, payable at Sir Charles Price's and Co., bankers, London. Gandell and Co."—"June 18, 1860. Four months after date pay to our order, 109l. 2d., value received, Messrs. Thomas Gandell and Co., 79, Thames-street, London," altered to "Messrs. Gandell and Co., Joineri Hall-buildings, 79, Upper Thames-street."—MR. SLEIGH contended that there was no forgery proved, forgery being either the false making of an instrument or the altering a genuine instrument with a view to prejudice another party, and that there was no evidence that this bill was a genuine instrument of the person whose name it bore. MR. LEWIS contended that the name of Gandell and Co. had been used for two years, and not for the purpose of fraud. THE COURT considered that it was a question for the jury whether the prisoner led Mr. Conyers to believe that the new bill accepted by him was the acceptance of Thoman Gandell and Co., though they would not accept in that name, or of a firm who had no existence at all, but if he did it with the intention ta defraud, the offence was complete.
NOT GUILTY .—(See page 404.)
THIR DOURT—Wednesday, February 27th, 1861.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
246. EDWARD BURROWS(40) , Stealing 5 1/2 1bs. of tin, value 7d. 9d., and 2 metal gas-fittings, value 4d. 6d., the property of George James Mearock, his master, having been before convicted; to which he
PLEADED GUILTY .**— Four Year Penal Servitude.
PLEADED GUILTY .**— Four Years’ Penal Servitude.
248. JOHN JOHNSON(48) , Stealing 1 gas branch, value 2d. 6d., the property of the Agra and United Service Bank, limited, fixed to a building; also, 2 gas branches, value 5d., fixed to a building, the property of Joseph Sterry and another; also, 1 gas branch fixed to a building, the property of John King Farlow ; also, 1 gas branch fixed to a building, the property of Arthur Finch and others; to all of which he
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .**—He had been twice convicted and several times in custody for similar offences.— Three Years' Penal Servitude.
MESSRS. CLARE and ORRIDGE conducted the Prosecution, and MR. SERGEANT BALLANTINE the Defence.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
ELIZA MULLETT . I am single, and was residing at 9, Arlington-street, Islington, on 6th February—on that afternoon, about half-past 4 o'clock, I entered an omnibus at Camberwell-gate to go to the Monument—I went to the very top of the omnibus, near the driver—there was nobody in the omnibus when I entered it—some lady entered and sat at the bottom, next the door—I cannot tell who came in next—after a while the two prisoners came in—one sat opposite me, and the other on the same side as myself, next but one to my left hand—I was sitting on the right hand side seat, as you enter—a lady was between me and Smith—when close to the Monument the omnibus stopped for me to get out—I was getting out, but had some difficulty in passing the prisoners; one of them put an umbrella across the bus, and that detained me some few minutes—the conductor said, "You will keep me here all night"—before I got out I saw a notice atop of the bus, "Beware of pick-pockets, both male and female"—I got out, and, as I went to feel in my pocket, I found my purse was gone—seeing the bill induced me to feel in my pocket—I hailed the conductor to stop, which he did, and he put me into the omnibus—when I first got in my purse was safe—I did not take it out when I got in—it was in my pocket—I did not require it then—I felt for it to see that it was there—it contained 14l. in gold, and some silver—this (produced) is the purse—I did not see it when it was found.
Cross-examined by MR. METCALFE. Q. Was the omnibus quite full?A, Yes—there were no more admitted after the prisoners; they completed the load—I did not then know who the lady was that was sitting next to me—I believe there is no one of the passengers here except Mr. Beaumont—it was only a moment after I got out that I discovered the loss of my purse—I had a handkerchief in the same pocket and some keys—I had sufficient halfpence to pay my fare—I did not take out my purse after I got into the omnibus, to pay my fare.
MR. COOPER. Q. Had you occasion to use that handkerchief while you were in the bus? A. No—the pocket was in the dress, under the flounce—it was the usual size.
Cross-examined by MR. SLEIGH. Q. Was the person opposite you, a man or a woman? A. A man—there was a female next to me at my left hand—Burton was next to the man who sat opposite me—Smith was sitting opposite the third person from the top on the opposite side—I cannot tell whether the person opposite Smith was a male or a female.
COURT. Q. When did you take the coppers out of your pocket? A. When I first got in.
JOHN BEAUMONT . I live at 4, Woodland-terrace, Trafalgar-road, Greenwich, and am a city-missionary—I was in the omnibus on 6th February—I got in a little this side of King-street, Walworth—I rode from there to the Monument, where the prosecutrix got out—the prisoners got in after me—they came in together—Burton sat on my right hand—my wife sat next to the prosecutrix, and Smith sat next to my wife—I was not on the same side as the prosecutrix—I sat at the top of the omnibus opposite the prosecutrix—upon the prosecutrix leaving the omnibus she was very much obstructed; she could not get past the prisoners; they sat nearly opposite each other—she was detained some little time—I lifted up her shawl with my left hand and saw Burton’s hand very near Miss Mullett's pocket, at least near her right side, where I supposed her pocket was—she got out, and in a few moments, before the omnibus had scarcely gone on a yard or two, she came back and was introduced into the omnibus again—as soon as she got in, she looked very confused, and said, "Oh, my purse, I have lost my purse"—I said, "All right, Ma'am, your purse is safe; your purse is in the omnibus"—I then laid my hand on Burton's shoulder and said, "This is the woman who has your puree"—I then said, "I insist now upon this woman being searched, and not only her, but the woman sitting opposite"—that was Smith—Burton, in reply to what I said, began to abuse me and to represent herself as a respectable person, and that I must take care or I should be likely to be punished—I do not recollect that the other woman said anything—a moment or two afterwards, Burton said, "You can search me," and began to rise from her seat—they were removed from the omnibus, and we then began to look about for the purse, and it was on the floor a little to the left of where Burton had been sitting—I believe both the women volunteered to come out and be searched at once—there was a policeman at once.
Cross-examined by MR. METCALFE. Q. Did Burton sit next to you? A. Yes—seeing the lady going out, I lifted her shawl because I suspected something 'from seeing Burton's hand under the shawl—I did not mention it to the lady, or to anyone, because I did not see the prisoner's hand in, or coming out of, the lady's pocket, neither did I see anything in her hand—I was just on the point of asking her if she had lost anything, but I thought it was rather a delicate thing to do—I did not ask her to look whether she had lost something, because I had no evidence that she had taken anything—
the purse was found between where Burton and I were sitting—I did not say a word to any body till she came back and complained of the loss of her purse—the purse was about the middle of the floor of the omnibus between the two seats, about half way between my seat and hers—that would be some little distance to Miss Mullett's left.
COURT. Q. Would it be the very spot where she stood, trying to get out? A. Behind her—she had got a little past that.
MR. METCALFE. Q. Was the purse found just about the point where your legs must have met; you four that were sitting near? A Just about there—I do not know where the women got in—I do not know the neighbourhood of Walworth.
Cross-examined by MR. SLEIGH. Q. Can you give us any idea what time elapsed between the getting in of the one and the getting in of the other? A. They got in both together—there were not two stoppages—the prosecutrix was the first to leave the omnibus—I rather think some one got in after me and before the prisoners, but no one that went near to Miss Mullett—I have no recollection of any person getting in after me and my wife—I had been in, I suppose, between seven and eight minutes, or not so long, before the prisoners got in; five minutes—no person got into the omnibus with me and my wife—I do not think there was any passenger in when we got in, but Miss Mullett—we got in while it was on its journey—some one else got in very soon afterwards—I do not think there was a man in the omnibus except myself; I am not sure—I believe the rest of the passengers were ladies—one female sat next to me before the prisoners got in—other persons got in in the meanwhile, before these persons got in—before the prisoners got in, the lady next to me moved a little way down the omnibus towards the door, to make room for Burton—Burton was very unwilling to sit next to me, I could tell that by her hesitation—there was only room for one more passenger on the side on which I was sitting—the others got in between the time of my getting in, and the prisoners.
MR. COOPER. Q. You do-not recollect how the others got in; but you remember yourself getting in? A. Yes: and I remember how the prosecutrix sat—I have told you how the two prisoners sat, I did not regard the others, because there was nothing particular to attract my attention to them.
STEPHEN CRUMP . I am a conductor of this omnibus, and was so on this day—I live at 4, Attwell-street, Rye-lane, Peckham—I remember Miss Mullett getting into the bus—to the best of my knowledge, I think, she was the first passenger in it—the two prisoners got in near Carter-street, Walworth, as near as I recollect—they came together up to the bus, and got in together, both at the same time—one went on the left-hand side and the other on the right, about the fourth passenger up the omnibus, I should think—no one got in after them—I had ten in the omnibus when I received them, and they filled it—I think there was another gentleman in the bus besides the missionary, but as to the exact passengers, I cannot swear—the bus went on till we reached near the Monument—I received notice there that some one wanted to get out—I blew my whistle, opened the door, and stood down on the bottom step of the omnibus, and while there I saw Smith place an umbrella across the omnibus in the direction towards Burton's legs—Burton put her legs out—being rather behindhand, I said, "You will not let that lady get out; I can plainly see you are doing it on purpose"—I spoke loudly on purpose—in the meantime, the lady got by and came out—I handed her out, and she walked away, but had got but a very few yards
before she came back to me in an excited state—she pulled my coat, and said, "Conductor, I have lost my purse"—I said, "That accounts for the obstructtion I saw take place in the omnibus"—I should think that all in the bus could hear me say that, but there was great confusion at the time—I spoke it loud enough—I opened the door of the omnibus, and insisted upon the lady getting in again—she, at the time, was in a fainting state, and could scarcely get in—I assisted her in, and after that Burton volunteered to be searched—in the mean time I saw her in a rising position from the seat, and saw her hand, and something, which was no other than this purse, slide from her hand to the omnibus—at first I thought it went on the seat—I would not allow any one to leave the omnibus—an officer arrived, and I gave the two prisoners into his custody—I afterwards saw this purse found somewhere in the omnibus; I think, on the floor—I thought at first it was on the seat, but in the great confusion I will not exactly swear as to where it was—it was placed in my hands by one of the passengers—the money was in it—fourteen sovereigns—I gave it to the officer.
Cross-examined by MR. METCALFE. Q. Have you sworn that it was picked up on the seat? A. I said I thought it was on the seat—I do not remember that I swore that it was picked up on the seat where Burton was sitting—I might have said so—there was great confusion—a good many persons had risen from their seats—they were getting up, all in a huddled condition as it were—I swear that I saw the purse in Burton's hand—I have not been asked that before to-day—I might have said the same at the Mansion-house—I took no note of what I said—what I said there was truth, and what I say here is truth—I believe I have said before to-day, that I saw the purse—I will not swear to it, but I believe I did—Burton said, "Conductor, if you will allow me to get out, I will be searched in the mean time"—(The witness' deposition being read, stated:—"Burton then said, 'I will be searched,' and I saw her at the same time put her hand into her right-hand pocket and take out something, and put her hand behind her, at her side—Burton then wanted to get out, but I said I would detain her till I got an officer, and told her to retain her seat, and that the purse should be found where she was," Smith sat on the fight-hand side of the omnibus, to the best of my belief, and Burton on the left—they were dressed like ladies then, with gold guards and that sort of thing—I said that Burton sat on the same aide as the lady who lost her purse, because there was a vacant seat on that side of the omnibus, and I concluded that the lady had got up from there; but, instead of that, another lady had sat there and had shifted into the prosecutrix's seat—I never mentioned the terms "right" or "left"—I still say that Burton was on the left-hand side—when I saw them get in I knew where they were sitting—I could not exactly swear where the lady sat—when the prisoners got in and took their seats, the omnibus was full—I have not sworn that Burton took her seat on the same side with the prosecutrix.
Q. Do you mean to say you have not sworn that Burton was not sitting on the same side as the lady, before the lady got out of the omnibus? A. I do—and that Smith was on the opposite side—I believe I have mentioned the umbrella before—I will not swear that I have—it is not one of the General Company's omnibuses, it belongs to the Camberwell and Peckham Association—I have been a conductor three years, under the same Association—I have been off once—I cannot exactly say how long ago—I know I was appointed again about a month before last Christmas—I was off for about five or six weeks before that—it was because I missed my omnibus of a morn-ing—I could not get up of a morning.
Cross-examined by MR. SLEIGH. Q. Where did Smith get into the omnibus? A. Near Carter street, Walworth—they both got in together—the omnibus only stopped once for them—they were standing on the pavement, not at the corner of the street—we sometimes halt at Carter-street, if any one is coming down the street—I make a signal to see if there is anyone—when the prisoners got in, there were ten in the omnibus—Mr. Beaumont and his wife were in—the omnibus is licensed to hold twelve—when the prisoners got in they filled up the number—I am quite correct about that—I believe no one got out of the omnibus before Miss Mullett, after those two got in.
MR. LILLEY. Q. How were the prisoners dressed when they got in? A. One had a grey shawl, and one had the shawl that she has on now.
LUKE MOSELEY (City-policeman, 588). I was called up to this omnibus—the two prisoners were given into my custody for stealing this purse, which was banded to me by the conductor—the prisoners denied stealing it—Burton said, "I believe that gentleman's wife did it," pointing to Mr. Beaumont—I said, "You two are charged with the offence, and you must come to the nation-house"—the other prisoner did not say anything.
BURTON— GUILTY .†—
SMITH— GUILTY .*—
Four Years' Penal Servitude.
OLD COURT.—Thursday, February 28th, 1861.
PRESENT—The Lord Chief Baron POLLOCK; Mr. Ald. HUMPHERY; Mr. Ald FINNIS; Mr. Ald. CHALLIS; Mr. Ald. BOSE; and ROBERT MALCOLM KERR, Esq.
Before Lord Chief Baron Pollock.
253. ROBERT FRASER NORTH(34), was indicted for stealing, on 29th January, 2 pieces of paper, 2 orders for the delivery of goods, 4 warrants for the delivery of goods, and 3,027 cwts. of tallow, the property of John Gillibrand Hubbard and another. Second count, being bailee of the same, feloniously converting it to his own use.
MESSRS. GIFFARD and MATTHEWS conducted the Prosecution.
From the opening of MR. MATTHEWS it appeared that the prisoner, who was a commission agent, was in the habit of having business transactions with Messrs. Hubbard; that in the transaction in question the prisoner having purchased a quantity of tallow by means of a sold note, afterwards procured from Messrs. Hubbard the delivery orders, and other papers for the goods; that the custom of the trade was to pay cash in all large transactions, that the prisoner, after on sacral occasions requesting time for payment, ultimately, fourteen days after-wards, pave a crossed cheque for the amount, viz., 8,700l. odd; he then having at his bankers' a balance only of 9l. is. 2d., and in the mean time having dealt with the property.
MR. MATTHEWS. I would put it in this way: by the sold note on the 18th, the property in the tallow passed to the prisoner, but as by the terms of the con-tract he was only entitled to possession upon payment of cash, and as he did not pay cash the prosecutors had a clear right to retain possession until the money was received, and on the 29th the prisoner gave a crossed cheque.
MR. MATTHEWS. There is no false pretence here.
MR. MATTHEWS. That would be an allegation ax to some future fact, and to constitute a false pretence there must be the misrepresentation of an existing fact. The second count is framed on the Bailee Act, and turns upon a rather different view of the facts, viz., that it was the duty of the prisoner, supposing the cheque not to be met, to return the warrants to Messrs. Hubbard, the unpaid vendors, he being their bailee for that purpose.
THE LORD CHIEF BARON . I very much doubt whether you can make anything of that—the bailee in the Act of Parliament, must mean a real actual bailee, and not a person who becomes bailee by reason of a supposed custom, although you may for certain purposes call him bailee. I do not think the notion of it being hit duty to return the warrants would make him a bailee. It is of extreme importance that the transactions of commerce, if they are real transactions, should not be subse-quently turned into larceny. (The CHIEF BARON then went into the other Court to consult MR. BARON CHANNELL on the point.) My brother Channell agrees with me most distinctly upon this point, that the vendor had a right to insist upon cash, he was not bound to take cash, but taking a crossed cheque it was entirely his own fault that time was given to the prisoner to enable him to do what he has done, and I think it would have been the same thing supposing instead of giving a crossed cheque he had given a bill payable two days after-wards; in reality a crossed cheque is a cheque payable the next day, the taking of that crossed cheque was the vendors' own faulty and I think he cannot turn it into a stealing; he has taken that which he was not bound to take, he hat voluntarily altered the contract and given a credit to the prisoner which he was not bound to give. I don't think I can consider that a felony or leave a case of that sort to the Jury. I want as distinctly as I can to let this be understood, that if a person who is entitled to cash, instead of that takes an instrument which necessarily postpones the payment, he by his own act gives the party a control over the property which he would not have had if he had held to the bargain as he had a right to do; he in fact by so doing gives up both property and possession. My brother Channell very much agrees with me in the doctrine that you ought as little as possible to introduce indictments for felony or foist pretences into what are really and truly matters of sale and purchase. If this man was in the habit of buying and selling and trading in this way, as hat been opened, although he may become a fraudulent trader, you cannot suddenly make him a felon; for instance, if a man is dealing in plated articles, and he represents an article to be of one quality and it turns out to be of another, it would be monstrous to say that that man is to be indicted for obtaining either money or goods under false pretences—where a shop is actually opened for the express purpose of carrying on matters of that sort or where a man goes on Change for the first time expressly to do some act of that kind, then I think a different consideration might obtain, although it would not then of necessity be 6 felony. It seems to me that the answer to this charge of stealing is this, that it is all your own fault; you (the prosecutors) take an instrument which gives to the prisoner a credit which you were not bound to give, and giving him that credit he had lawfully during that time the possession and the right of property on account of the sale. I think the prisoner is entitled to an acquittal.
NOT GUILTY .
254. ROBERT FRASER NORTH(34), was again indicted for stealing, on 29th January, 1 piece of paper, value 2d., 1 warrant and order for the delivery of goods, and 509 lbs. of tallow, the property of George Goss, Second count, being bailee of the same and feloniously converting it to his own use.
MR. GIFFARD stating that the facts of this case were precisely similar to the other, offered no evidence.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. LANGFORD conducted the Prosecution.
JANE HALE . I am the wife of George Hale, of 9, Half-Moon-alley, Chapel-street, Milton-street—I and my husband occupy the whole house, which consists of two rooms—last Saturday night, 23d February, I went out about 6 o'clock, leaving nobody in the house—I double-locked the door and took the key with me—I had fastened the windows—I came back at. a quarter to 7, and saw a candle alight—three coats were taken off the door and laid on the ground, three umbrellas were taken from the staircase, and were laid on the three coats, and a gown was taken from the bedroom—the drawers were open and a shirt taken out of it, and laid on the top of the other things—nothing was taken away, but I found these things removed—I unlocked the door of the house, and it only required one turn to unlock it—I had double locked it—I found the prisoner in the house, he was attempting to make his escape out of the back door—I heard a scuffle' outside while he had the back door in his hand; there must have been another party—I did not lay hold of him—I am quite sure it was the prisoner—he went away—I called out for the police—my house is in the parish of St. Giles, Cripplegate—the value of these goods is about 30s.
JAMES LOGAN . I am a carman residing at 24, Milton-street—the stables of my mistress, Mrs. Bingham, are immediately by Mr. Hale's house—on Saturday night last, about 7 o'clock, I was coming from my stable, as I had done my horse up for the night—I heard a noise, and on looking to the tiles I saw the man jump from the tiles into the yard and run towards the gates—I ran after him, and secured him till the policeman came—I heard last witness call "Police"—I did not see anybody else at that time, but I heard some one.
GEORGE STEER (City-policeman, 175).' On Saturday night last, I took the prisoner in custody from the last witness, and took him to the station—I told him he was charged with being there for some unlawful purpose—I did not know the charge at the time—he said he had only just come in the yard—I searched him, but found nothing on him.
Prisoner's Defence. I went into the yard to get a drink of water, and I no sooner went in, than a man caught bold of me and said, "There is a woman calling out 'Police!' I shall hold you till she comes;" and he held me the policeman came, and gave me in charge: he did not see me on the tiles, I was not on the tiles.
COURT to JANE HALE. Q. Where did you see the prisoner when you came into your house! A. With the back door in his hand—directly I saw him, I looked at him and went out of the door and called "Police!"—he climbed up the wall when he went out at the back door—I know the tiles of Logan's mistress—there are no other tiles to be got on from my wall—there are three sides to the yard, but there are no tiles over—ours is the only house that leads over to his place—the light was sufficiently strong for me to see the prisoner's face.
GUILTY .— Confined Three Months.
MR. TAYLOR conducted the Prosecution; and MR. DICKIE the Defence.
NOT GUILTY .
NEW COURT.—Thursday, February 28th, 1861.
PRESENT—Mr. Baron CHANNELL; Mr. Ald. HUMPHERY; Mr. Ald SIDNEY; and Mr. Ald. GABRIEL.
Before Mr. Baron channel.
257. EDWARD GANDELL(59), was again indicted (see page 396) with HENRY JOHN TODD(60) , for unlawfully and within three month of their bankruptcy, obtaining goods on credit of Hugh James Galbrath and others; also of George Edward Hardiman, and of other persons, under the false colour and pretence of carrying on trade.
GANDELL PLEADED GUILTY to obtaining the goods of Messrs. Galbrath,
TODD PLEADED GUILTY to obtaining the goods of Messrs. Hardiman.
TODD— Confined Two Years.
PLEADED GUILTY .
PLEADED GUILTY .— Confined Two Years.
260. EDWARD GANDELL was again indicted for feloniously forging and uttering a bill of exchange for 502l. 3d. 2d., also a bill for 300l., also a bill for 204l. 15d. also a bill for 700l. 2d. 10d., upon all which charges MR. GIFFARD offered no evidence.
NOT GUILTY .
He PLEADED GUILTYto unlawfully wounding, and MR. LLOYD, for the prosecution, offered no evidence on the felony.
GUILTY of unlawfully wounding.— Confined Two Months.
MR. SLEIGH conducted the Prosecution.
THOMAS PHILLIPS . I am assistant-manager to the Union Bank, Argyle-street branch—cheques are given out on customers' written orders, or personal application—I bring this written order from the bank—we fib them—I believe that a cheque-book was in the course of business delivered to Mr. McIntosh.
GEORGE WALMSLEY . I am a pawnbroker, of 155, High-street, Borough—Stephens was in my employ—he left, I think, in August, 1857, or there-abouts, having been with me about twelve months—I keep no account it the Union Bank of London—I had several opportunities while he was with me of becoming acquainted with his writing—I believe this cheque to be in his writing.
Cross-examined by MR. KEMP. Q. Do you mean to say that if you had
seen that wiper you would have sworn it to be in his writing? A. I should not; but by my attention being called to it under the present circumstances, and by refreshing my memory by looking at our books, I might hare looked it over if it had been shown to me without any reference to Stevens—this memorandum at the bottom is not in his writing—I suppose it is the banker's—whether it is in Stevens' writing or not, I never sent it to anyone.
MR. SLEIGH. Q. Have you the least doubt that it is in Stevens' writing? A. Not the least.
Cross-examined by MR. KEMP. Q. Were you in Court when your master was examined? A Yes—I never quarrelled with Stevens—I was on good terms with him when be left—if this paper was presented to me along with others I should not have known it to be Stevens' unless I was looking for it—I only swear it to the best of my belief.
MR. SLEIGH. Q. Is there any pretence for the suggestion that you have bad any quarrel with Stevens? A. Not the slightest, my attention being called to the paper, and having a knowledge of his writing, I have no doubt that it is his.
REBECCA WITHERS . I am the wife of James Withers, a baker, of 86, Blackman-street, Borough—Mr. Walmsley has been a customer of Our's some years—on 9th of October, Myers came and asked me if I could oblige Mr. Walmsley with cash or change of a 15l. cheque—he did not offer to buy anything—I looked at it, found It was not endorsed, and told him to take it back and get Mr. Walmsley to put his name on it—he said, 'Oh, you want Mr. Walmsley's name on it,' took it, and left the shop—Mr. Walmsley's place of business is not 150 yards from our house—Myers re-turned in five or seven minutes, said nothing, but presented me with the cheque—I looked at it, found it endorsed, and gave him 15l. part in gold, part in silver: there were some fourpenny pieces—there were no notes—a boy named Oviat was in the shop—I said something which caused him to go out.
Cross-examined by MR. KEMP. Q. Did you know Myers before? A. I never saw him to my knowledge.
GEORGE OVIAT . I live at 2, Mitre-court, Mint-street, Borough—on 9th October I was at Mr. Withers' shop—I saw Myers there, and in consequence of something that was said when he left, I followed him—he joined Stevens and gave him the money—I did not know either of them before—they went up a little court, and Stevens pulled out a bundle of papers as large as the cheque, and gave Myers one—Myers then went into Putley's, the butcher's—I did not see the colour of the paper, but there was printing on it—it was the same shaped paper as this cheque—Myers then came out of the shop, crossed over, and went to West's, the tobacconist's.
Cross-examined by MR. KEMP. Q. How far were you from these two men? A About a yard—there were not many people about, only passing by—I did not follow them up the court—I stood against the hair-dresser's, about a yard from them—they were just at the corner of the court—a yard is not as much as from me to his Lordship—I was on the same side of the way as they were—I was taken to the police-court at Clerkenwell, and indentified Stevens there—there were a lot of gentlemen with him, but Myers was not there—I identified Myers in the House of Detention on the Monday, and
Stevens on the Tuesday—the gaoler went round and opened the cells, and the constable asked me if that was the man.
Cross-examined by MR. COOPER. Q. Are you quite sure Stevens is the man? A. Yes—I had never seen him before—I saw him for about tea minutes—I was afterwards in the neighbourhood where he lived, and two lads went into his shop—he was fetched out and asked the lads some price for a table.
COURT. Q. Who was the person who spoke and induced you to go out of the shop? A. Mr. Withers; I only saw him about a minute before—I did not see the prisoner for a month afterwards—I had seen Stevens in the interval, standing in his shop—that was in February.
MESSRS. COOPER and KEMP here stated that they could not struggle with the facts of the case, and the prisoners having pleaded guilty, in the presence of the Jury, the Jury found a verdict of GUILTY , GUILTYand recommended Myers to the mercy of the Court,' believing him to have been the instrument of Stevens; and also, on account of his youth.
STEVENS—GUILTY.— Four Years' Penal Servitude.
MYERS—GUILTY.— Confined Twelve Months.
MR. SLEIGH conducted the Prosecution.
FREDERICK BILLINGTON . I keep the refreshment and dining rooms at 73, Cheapside—I know the prisoner as occasionally making use of my house—I remember his dining there, with a couple of friends, at the latter end of January, when he incurred a bill of 1l. 16d.—he did not pay me at the time, not having change—he called again on Friday, February 1st, between 4 and 5 o'clock in the afternoon, as near as I can tell—he said, "I owe you a little account"—I said, "You do"—he said, "We are going to have a little dinner, and I will settle with you"—there were two young gentlemen with him, who dined with him, and ran up a bill of 1l. 6d. 6d.—before they dined, the prisoner gave me this cheque for 4l. 17s. 6d.—he said, "I do not want the change now, I will call to-morrow, at 5, for the difference—they dined, and went away—I' kept the cheque—I afterwards observed that it was not endorsed and sent one of my servants to Messrs. Spooner and Attwood's, on the Saturday morning—I afterwards had a conversation with two detectives in the bank—the prisoner came again that evening—there were two detectives there—I did not see him come in—the officers saw him before I did.
Cross-examined by MR. METCALFE. Q. Had you known him some time? A. Seven or eight months, I have always heard a good character of him—I was not pressing him for money—if instead of leaving the cheque with me, he had said, "Will you give me the difference I" I should have done so, un-doubtedly—there was 1l. 14d. 6d. for him to receive out of it—I am not aware that he attempted to escape when told that it was a forgery—I believe I know his writing—I have seen him write once—I have not seen any papers or letters in his writing—I can form no belief whether this cheque is his writing or not.
MR. SLEIGH. Q. Did you see him until you were called? A. I was not called—I had been to Mincing-lane, and he was in custody when I got back.
rooms of the last witness, in company with Gale, another officer—I think we went there at about half-past 2 o'clock—we waited there till about twenty minutes to 4. I should think; I cannot say to a few minutes—the prisoner came in at about half-past 3, I should think—he had one young gentleman with him—when they came up into the room they asked one of the waiters where Mr. Billington was—they both of them were speaking—I heard one of them, I cannot say which, ask for Mr. Billington—they walked towards the stairs, and then returned into the room—I was in plain clothes—I asked the prisoner if his name was Frederick Jones—he said it was—I told him that I was a police-officer, or that we were police-officers—I asked him if he had given Mr. Billington a cheque, drawn on Spooner and Attwood, for 4l. 17d. 6d., on the previous day—he said he had—I asked him if it was made payable to his order—he said, "Yes"—I then asked him how be came possessed of the cheque—he said that he had changed it, or given money's worth to George Augustus Wood—I asked him when and where he got the cheque—he said he could not recollect—I afterwards asked him if he saw George Augustus Wood fill up the cheque; and he said, "No;" I asked him if he knew where to find Mr. Wood—he said he did not—I then told him if he could take me where to find Mr. Wood, I would stop out with him as many hours as he thought proper—the prisoner then said he did not know where to find him—he had met him in the Haymarket, and other places—I then took him down to the police-station, Seething-lane, Tower-street—on the road to the station-house he said he had been a clerk at the Union Berk (I went with him alone) and had left there about four months—he gave me two addresses—I understood one to be 15, Wilton-place, Knightsbridge, and the other, 12, McGregor-place,' Chelsea—one proved to be his father's—at the other he was not known—I asked him several times about Wood, down at the station-house—I told him I would render him every assistance that lay in my power, to go and find Wood, but he said it was useless, it might be a month, or it might be twelve months, before he could see him—lie said if he saw a friend of his, he could, most likely, find out where Wood as and I wanted him to go and see his friend, but he did not seem inclined—he did not mention the name or address of the friend—on his being taken to the station he was searched—only a duplicate was found on him—it is for a pair of trousers, pawned, 2d December, 1860, for 7s.
Cross-examined by MR. METCALFE. Q. Did you find a place at Knights-bridge, where he occasionally slept? A. No—I misunderstood—the ques-tion was put to me at the Mansion-house—I found his brother was well known at Knightsbridge, at the second address—I believe the prisoner said, "I gave value"—either that, or "I gave money;" I cannot remember which—he said that he met Mr. Wood, and Mr. Wood asked him if he would cash the cheque for him, and he did so—but he said that he gave him value for it—he did not say that he cashed it, I believe—I was sent for by the bank.
CHARLES NURSE COOK . I am clerk to Spooner and Attwood, the bankers—this is one of their cheques—we have no customer named George Augustus Wood—it is crossed in the ordinary way, the effect of which is, that it must be paid through a banker.
Cross-examined by MR. METCALFE. Q. Do you receive all the cheques? A. All cheques over the counter—the effect of this crossing would be, that if it was presented after 3 o'clock on Friday, it would not be paid till Satur-day—if paid in on Saturday morning, it would be cleared in the course of that afternoon.
COURT. Q. You have two clearings, have you not? A. Yes; the first
clearing is about half-past 10—if a cheque was presented at the clearing, house that day, the owner of it would have credit at his bankers' that day—I can hardly say when a person would get credit if a cheque was presented at the afternoon clearing, because I do not know how other bankers would act.
MR. METCALFE. Q. Is the second clearing about 3 o'clock? A. 3 o'clock on Saturday, and 4 o'clock on other days—all cheques paid over the counter, pass through my hands, and country cheques too—if persons make payments quarterly or half-yearly, they would pass through the cash-book—a cheque could not come to the bank and be dishonoured when there was money to meet it in the country department—if a person, named George Augustus Wood, had deposited a sum of money the day before, I should see the credit on the other side of the books, if his cheque was presented to me—we have a signature book, and a depositor's name book—I should make an entry in my book from the account kept by other clerks, but it would not be entered in the ledger—the ledger clerk makes up the ledger—my books are not made from the ledger—I get my information, whether I am to honour or dishonour a cheque, from the ledger—I am assistant ledger-keeper, and in the afternoon, after the clearing, and in the absence of the ledger-keeper, it is my duty to go into the ledger, and I know all the accounts in it—we have more than one ledger, and we have a balance-book—the ledger is not here, because it has not been asked for—I know merely from the ledger that there is no such account.
MR. SLEIGH. Q. From your own independent knowledge, is there any such customer in the bank as George Augustus Wood? A. No.
COURT. Q. If a cheque is presented to you, should you be able, without reference to the books, to know whether the man is a customer? A. Un-doubtedly, but if I wanted to know whether he had funds in hand I should refer to the ledger.
MR. METCALFE. Q. Is it not very often that a cheque is presented in the morning, and the afternoon post will bring funds to meet it or money be paid in in the afternoon? A. No, I have no recollection of such a thing, and if it was so that would be on an existing account—nobody opens an account at a bank without the banker's consent.
CHARLES YABECOMBE . I am a clerk in the Union Bank of London—the prisoner was a clerk there for some time—I have frequently seen him write—I believe this signature "Frederick Jones" to be the prisoner's writing, and the body of it appears to bear a similarity—I think that is his also—I mean the amount; the word "order" I cannot say anything about, but I swear, to the best of my belief, to the signature—there appears to be a similarity about the figures, with what I have been accustomed to see in his figures—I cannot speak as to the figures in the margin or to the word "order," but the other part of it I believe to be the prisoner's writing.
Cross-examined by MR. METCALFE. Q. Were you in the same department as the prisoner? A. For some months—it may have been two or three months—he was often shifted about—he was in the bank, I believe, between three and four years—I have not seen him write letters, but he was in the habit of receipting bills for the bank, which sometimes afterwards passed through my hands, and sometimes went to the clearing-house.
COURT. Q. Why would he have to receipt them? A. Every bill, when due, must be receipted before it can be paid, and it is part of our duty to receipt these bills—we get them from our customers—we should get the money for them at the clearing-house.
WILLIAM THOMAS SANDERS . I am a clerk in the Union Bank of London the prisoner was a fellow clerk of mine during the whole time I was there, which was eighteen months—when I first went into the bank we were in the same department—I cannot say how long that continued, but I have been in that department several times since with him and have had frequent opportunities of seeing him write—I have seen him write the names of cheques and his own signature as well—he used to sign his name "Frederick Jones" and occasionally "F. Jones," and I have seen him sign his name when we were on the walk together—to the best of my belief, the "Frederick Jones" in this cheque and the 4l. written in letters are his writing—I cannot speak to the 17d. 6d., in figures—the word February I should also say is his.
Cross-examined by MR. METCALFE. Q. When did he leave the bank? A. I believe in January—there were about thirty clerks in that department—besides the prisoner and Mr. Yabecombe there is a head cashier—as soon as I was shown this cheque by the chief cashier I said, "That is Jones's signature."
THOMAS FOTHERINGHAM RANKIN . I am chief cashier at the Union Bank of London—the prisoner was a clerk there between three and four years—he left on 16th January—I have had opportunities of seeing him write—the name "Frederick Jones" in this cheque is similar to his writing—I cannot offer any opinion as to any other part of the cheque—I speak from having seen his signature.
Cross-examined by MR. LEWIS. Q. I believe he left the bank with very good testimonials? A. He had no testimonials; quite the reverse—I first saw this cheque three weeks ago, when it was presented to me by Mr. Mullin's clerk, and I showed it to one of the witnesses who was examined at the police-court—I was asked my opinion about it at that time and yet I was not called in—I expressed my opinion as soon as I saw it—the prisoner's accustomed mode of signature was his full name—he went through two or three steps while at the bank—we could not call it promotion, because he was moved for the interests of the office.
MR. SLEIGH. Q. What was the prisoner's conduct in the bank? A. It was not satisfactory—his leaving was not his own voluntary act.
RODERICK WARDEN MOOBE . I am an accountant, of Charlton-street, Pimlico—I have known the prisoner for nine or ten months, and have seen him write, and corresponded with him sufficiently to form an opinion of his writing—I believe the words "February," "Four pounds," "Frederick Jones," and the last letter "D" in the signature of "Wood" to be his writing—there is a dash after the "D" which is similar to the dash which he makes in his own signature—I have seen him write on one or two occasions,—but not so much as by his letters which bear his signature.
Cross-examined by MR. METCALFE. Q. Frequently? A. I think I have eight or ten letters of his—I have only seen him write his name once—there is a tail at the end of this "D" which is similar to what he makes in his own signature, which has a flourish, but the flourish is left out here—I believe that if he signs his name there is a flourish, which is not there when he writes his name only—on the one occasion when I saw him wrote he wrote his name in full—that must have been in May or June last year when I summoned him, and he endorsed the summons—I have letters of his with me.
Witnesses for the Defence.
—I have known the prisoner twelve or fourteen years, and always considered him a man of honesty—I know his relations—I have seen this cheque before, and compared it with other documents of his at the Mansion-house—I believe it is not his writing—I looked at it through a glass—I have a knowledge of his writing, and as far as any man can offer an opinion, I believe it is not his—I am used to examine a great many ancient and modern documents—I am certain that it is not the prisoner's writing.
Cross-examined by MR. SLEIGH. Q. Do you know the circumstances under which he left the Union Bank? A. Yes; I know he got associated with young men above his own station in life, he was led into debt, and told that he must resign, but that does not constitute criminality, that led me to censure him—I do not believe him capable of a dishonest action, a young man may be loose and foolish, but may not be a criminal—the only part of this that bears the slightest resemblance to his writing is the letter "K," but the "R" and the "E" are very different—the "K" is round at the top—I said first that that was not his writing—two other papers were then handed to me, and I said "These are his writing," and that was correct—I said that the "E" in Frederick was not the Greek "E," nor is this "R," it is a running "R," this is like a schoolboy's "R"—I went before the Lord Mayor at the request of the prisoner's mother, having heard that he was in custody on a charge of forgery—I saw this cheque at the Mansion-house for the first time—I had a letter of his in my pocket, which I took out during the examination, and compared with this cheque—I could not tell without, this (produced) is one of the papers that was shown to me at the Mansion-house—(MR. SLEIGH proposed to put into the witnesses hand certain papers which were unquestionably in the prisoner's handwriting, and ash the witness questions about them. The COURT refused to allow this, as it amounted indirectly to a comparison of handwriting)—neither this cheque, nor the signature are in the prisoner's writing—I mean still to adhere to it, that the "Frederick Jones" is not in his writing.
COURT. Q. Which are the particular letters in the words "Frederick Jones"? A. Both the "R's" and the "E's—this is a school-boy's "R."
FRANCES JONES . I am the prisoner's mother, and live at 12, Margarettaterrace, Chelsea—he was living with me when he was taken—I have had opportunities of seeing him write, this cheque is not his writing, it is very different—I was called at the police-court.
Cross-examined by MR. SLEIGH. Q. Is it like his writing? A. I think not—the letters are differently formed, there is no similarity at all—I saw my son every day—he slept at my house almost every night—he would be out a little time—he had not been in any employment for some time previous to 1st February, and was not doing anything for his living—I supplied him with money when he wanted it—it was with his father's knowledge that he slept at home previous to 1st February—I remember the officer Monger coming to my house after my son was taken—I did not tell him that I regretted, that my son's conduct had been such, that I dare not let his father know that he was in the house—I told him that his father was angry with him for losing his position—I did not say that he was utterly without money, except what I supplied him with—he had his salary, and I always supplied him with money when he wanted it—I gave him money during the fortnight that he was out of employ—I did not say that he had nothing in the world but what he stood upright in, I could not—when the officer asked to search his box I said, "He has nothing in the house in the way of papers," and told him he could see them if he liked, but he did not
press it—I could not have said that he only slept there sometimes, and that his stopping away accounted for the fact that he had no money, and that he had not anything in the world but what he stood upright in.
BARNET LEE . I am a tailor of 95, Enston-road, and carry on business in Cranbourn-street, Leicester-square—I have for a long time supplied the prisoner and his family—I have had opportunities of seeing him write—I am only acquainted with him in business—no part of this cheque bears any resemblance to his writing—I have had an opportunity of comparing it with some writing of his.
Cross-examined by MR. GIFFARD. Q. Is there any resemblance at all? A. No—I should say no person could mistake it for his.
GUILTY of uttering.— Four Years' Penal Servitude.
THIRD COURT—Thursday, February 28th 1861.
PRESENT—Mr. RECORDER; Mr. Ald. CONDER; and ROBERT MALCOLM KERR, Esq.
Before Mr. Recorder.
264. HENRY MANN(21), and MARY ANN MANN(21) , Burglariously breaking and entering the dwelling-house of Charles Orange, and stealing therein 30 yards of corduroy, value 48d., and 3 pairs of trousers, value 24d., his property.
MR. BROOK conducted the Prosecution.
JOHN WILLIAM LILLICRAP (Policeman, H 183). On the morning of 6th February, I was on duty in Hare-street, Bcthnal-green, about a quarter-past 2 o'clock—the breaking of glass in Hare-street, just at the front of me, attracted my attention—I went to the place—I saw the male prisoner going away from Mr. Grange's shop, and saw him drop this corduroy and trousers (produced)—he was carrying them loose on his arm—he was then about fifteen yards from the shop—I took him into custody—he struck me in the mouth, resisted very violently, and slipped his coat off to escape—his wife got behind me and held me behind the arm, and tried to loosen me from him—she told me she was his wife—Sergeant Savage came to my assistance—there was a man walking about seven or eight yards ahead of the prisoner when I law him drop the property—the prisoner had a bird-cage in his possession when I took him.
Cross-examined by MR. COOPER. Q. Are you quite sure you saw them drop from the prisoner's hand? A. Yes.
GEORGE SAVAGE (Police-sergeant, H 7). On the morning of 6th February I law Lillicrap struggling with the male prisoner about a quarter past 3 o'clock—the female prisoner had got hold of him by his arms, trying to force his arms from the male prisoner—the constable at that time was bleeding very much from the mouth—I took hold of the male prisoner and asked him to come with me—the constable said, "They have dropped something down the street"—the female prisoner then said, "No, it was not him dropped it, it was me dropped it"—I took the prisoners down the street some way, and found this corduroy some way down on the ground—I afterwards went to Mr. Grange's
shop—I found him in the shop—I examined the shop window—I found a mark on the door-post as if they had tried to force the bolt—one of the shutters was forced down, and a pane of glass broken, big enough to extract this bundle of property through—the property was loose in the street when I found it, about ten or fifteen yards from the shop.
CHARLES GRANGE —I am a tailor of 20, Hare-street, Bethnal-green—I secured my shop the night before the burglary—I put the shutters up myself about 10 o'clock—I went to bed about 11—I was awoke by a great noise in the street about a quarter-past two o'clock—I went downstairs, saw the shutters down as low as they could get them, and these goods taken out of my window—there was a pane of glass taken out, sufficient for them to clear the window—I missed this property—3l. 12d. is about the value of it—I had seen it safe the last thing after I secured my shop the night before—I had seen both the prisoner and his wife before—I cannot say positively how long before, but they had been there for a pair of trousers—when I went, in the street I saw the two prisoners in custody, and the male prisoner said, "I am a customer of yours; I was measured for a pair of trousers at your shop, I have the trousers on now that you made for me"—I said, "A pretty sort of fellow you are to disturb me at this time in the morning for your custom."
Cross-examined by MR. PATER. Q. Was the prisoner in custody when you saw him? A. Yes.
MARY ANN MANN— NOT GUILTY .
HENRY MANN— GUILTY .
He was further charged with Jiaving been before convicted.
GEORGE----(Policeman, K 160). I produce a certificate (Read: "Worship-street Police-court, 14th April, 1858.—Henry Mann, convicted of stealing 8 live tame fowls, value 40d. the property of James Willis—Confined Six Months.") The prisoner is the person there mentioned—I had him in my custody.
GUILTY.**— Four Years' Penal Servitude.
265. EDWARD SPENCER(22) , Burglariously breaking and entering the dwelling-house of John Johns, and stealing therein 5 yards of cloth, value 25d., and a waistcoat, value 11s., the property of Charles Frederick Wilmer.
EDWIN CHAPPELL (Policeman, E 36). On 2d February, about half-post 4 o'clock, I was on duty in Broad-street, Bloomsbury—three men passing me attracted my attention—the prisoner was the middle one—I watched them—they went along Holborn—when they got to the end of Oxford-street they all three stopped—I then ran into Bloomsbury-court, which is nearly opposite 191, Holborn—I saw the prisoner cross over to 191, Holborn—he came back and then crossed over with another one—after some little while I heard the sound of a shutter-barmoving, and then a smash of glass—I ran across the road as fast as I could, and caught the prisoner as he was leaving the shop—the other one ran into my arms; I laid hold of him, but he got away, dropping these things (produced) at my feet—I kept the prisoner—the other one ran up Oxford-street—the prisoner said, "It is not me"—I afterwards examined the front of the shop, No. 191—I found a shutter and the shutter-bar removed—I found this staple on the pavement; I found a pane of glass broken.
Prisoner. Q. When you took me, you said to me, "You have pulled that shutter down?" A. I did not—I did not say anything to you—it was about a quarter of an hour from the time I was watching you—you left the
shop-front first—you were the first that I met and caught hold of—the third man remained watching at the point where the street branches off.
CHARLES FREDERICK WILMER . I rent the shop 191, High Holborn, under Mr. John Johns—he resides there—I fastened up my shop at 9 o'clock on the night of 1st February—I cannot remember what time I went to bed—I go generally between 11 and 12 o'clock—it remained all safe up to the time of my going to bed—this property (produced) is mine—it was all safe in my shop on the night of 1st February—I was disturbed in the morning at near 5 o'clock—I did not hear the noise myself; the landlord came.
GUILTY .*— Confined Eighteen Months.
MR. COOPER conducted the Prosecution.
THOMAS WOOD . I am the master of the Annie, now lying at Grimsby—I live at the Bull's Head, Lower East Smithfield, when in London—on 31st January, about 5 o'clock in the afternoon, I was walking down Upper East Smithfield—I noticed two or three different people, and the first two that I walked betwixt, they closed on me—the prisoner was on my right side—he pulled my watch out of my pocket—I said, "Halloo, what are you up to?—he gave it a jerk, and broke the chain—he was buttoned up and I could not seize him by the collar—I seized him by the side and the other one gave me a rap on the head—I then fell on the edge of the kerb-stone—I jumped up and ran after the prisoner as well as I could—the farther I ran the farther I was behind—I could not catch the prisoner—the other men dispersed—I think the rap was done with his fist—I am sure the prisoner is the man—I was not with him two minutes when I got hold of him—I could see his face—I spoke to him—I am sure he is the man.
Prisoner. Q. What did you say? A. I asked you what you were doing—you said nothing; you ran away as fast as you could.
PATRICK NOWLAN . I live with my father—I was coming down Smithfield on 31st January, and saw the prisoner taking last witness's watch—I went to his assistance—the prisoner ran away—I went to the station-house with the captain—the prisoner told me not to tell any one where he went—I am quite sure he is the man—I went afterwards, saw him with others, and picked him out.
Prisoner. Q. Did not you say at the station-house, that I was running and stopped and spoke to you? A. No; I said I saw you do the thing—I was coming out of the Loudon Dock gate with a basket.
COURT. Q. Where was it that you saw this gentleman attacked, and his watch taken? A. Against the London Dock; afterwards the prisoner ran up Butler's-buildings.
FRANCIS KELLY (Policeman, H 130). From information I received, I took the prisoner on this charge at a lodging-house in Keap-street, Spitalfields—I said, "I charge you for rescuing a prisoner, and assaulting me" I took him for being concerned in stealing the watch—I did not tell him, so at that time—when I went to the station, I told him that he was also charged on suspicion of stealing a watch—he said, "I know nothing about it"—about half-an-hour or so after that, I placed three or four others with him, something similar to him, and the little boy was then shown into the room—when he came in he said, "Yes, that's him," pointing towards the prisoner—the prisoner made use of a foul expression, and said, "It is, not toe, you have made a mistake"—on the Sunday night previous I went to a
public-house, and the prisoner and the person who escaped were both together in company with another; and I apprehended the one that was with him, on suspicion of being concerned in stealing the watch the prisoner assisted in rescuing him from me, and the next morning I went there and took the prisoner.
Prisoner. Q. On the Sunday night when you came in, what did you say? A. I said to the other person, that I took him on suspicion of stealing the watch—you said, "Who are you?"—I said, "I am a policeman."
COURT. Q. What sort of persons were they that you put with the prisoner when he was identified by the boy? A. They were men; one was a man that cleans about the yard, and another; and there were two other persons there—they were all standing together—there were two with him when the boy came in—East Smithfieid is close to the Dock gate.
GUILTY .—He was further charged with having been before convicted.
FREDERICK MARTIN (City-policeman, 17). I produce a certificate (Read: "Central Criminal Court, January 2d., 1860. George Hayes, convicted of stealing a box, and 30lbs. of tea; the property of Thomas Searle.—Confined One Year.") The prisoner is the person mentioned in that certificate.
GUILTY.** †— Six Years' Penal Servitude.
OLD COURT—Friday, March 1st, 1861.
PRESENT—Mr. RECORDER; and Mr. Ald. CONDER.
Before Mr. Recorder.
267. CHRISTOPHER SUMMERS(27) , Stealing, on 7th April, 5001bs of opium, value 500l. the property of the London Dock Company, from a dock adjacent to the River Thames. Second Count, the like quantity on 1st June. Third Count, Stealing 171bs. of opium on 17th September.
MESSRS. GIFPARD and POLAND conducted tike Prosecution.
JONATHAN WHICHER . I am an inspector of the detective police—I have been engaged in inquiring into the robbery at the London Docks—on 12th January, I went to the Eastern Shades beer-shop, No. 1, Upper North-street, Bethnal-green—I there saw a person named Solomons, and had some conversation with him—he gave me this card (produced)—I took Solomons to the police-station, where he gave me a key—in consequence of what he said to me, 1 took that key to No. 6, Devonshire-street, Mile-end—I was accompanied by Sergeant Robinson—I went upstairs, and saw a Mrs. Hardiman, who is here—in consequence of what Solomons had told me, I went to a cupboard in the first-floor frout room of that house; at least, there is only one room up stairs, and one down stairs—the cupboard door was open—the key that he gave me was the key of the door of the house—I had not occasion to use it—the door was opened by Mrs. Hardiman—Sergeant Robinson went to the cupboard in my presence, and I saw him take out of it this opium (produced)—it weighs 261bs.—Robinson took possession of it—after that, we returned 10 the Leman-street police-station, Whitechapel, where we had left Solomons—I then went with Sergeant Robinson to 63, J idling-street, Dockhead—the address on the card, is "Christopher Summers, 63, J idling-street, Dockhead"—I think it was about 9 o'clock in the evening when I went there—I did not find Summers—I waited till 1 o'clock, but he did not come home—I then returned to the station—not being able to find the prisoner, I charged Solomons on
suspicion of having stolen the opium; of having it in his possession, and he was detained there in custody—I went to 63, Jidling-street again, about 11 o'clock the following morning, Sunday, and saw the prisoner there—I said, "l am a police-officer; do you know a person of the name of Solomons, residing at 6, Devonshire-street, Mile-end?"—he said, "Yes"—I said, "I have him in custody charged with having stolen property in his possession, and he has made a statement, implicating you in the matter"—Summers said, "What does he say then?"—I said, "I will not repeat what he says, you had better hear what he says in your presence at the station-house"—we then walked on to the station, and going along, the prisoner said, "I can't think what he wants to see me for, I never sold him anything except a sewing machine"—on arriving at the station, Solomons was brought into the prisoners presence—I said, "Is this the man that you state that you had the opium from?"—Solomons said, "Yes, that is the man"—Summers immediately said, "I never sold you any opium"—Solomons said, "Why, yes, you did"—the prisoner said, "When?"—Solomons said, "Why, many times"—Summers said, "I never sold you any opium"—Solomons said, "Why, yes you did, you know I paid you a sovereign last Friday night at the beer-shop"—Summers said, "Yes, but that was for the sewing-machine"—Solomons said, "No, it was not; you know the sewing machine was paid for long ago"—Solomons repeatedly asserted that he did any it, and the prisoner repeatedly assertedthat he did not sell it to him—he was then charged with Solomons—this (produced) is a piece of opium that I got from Mr. Phillips', a chemist's shop in Tottenham-court-road.
Cross-examined by MR. METCALFE. Q. When you told Solomons the charge, at the station, what did he say I A. He said, "I don't see how you can charge me with stealing it; I never was in the London Docks in my life"—I had, previously to that, taken a pocket-book from him—looking among the documents in it, I said, "You are not charged with stealing it; but I think you must have been in the docks, for I find in your pocket-book some receipts relating to rummagesales"—he said, "That relates to sponges; 1 never was there but twice"—I found the opium in a cupboard in the bedroom among some scores of sponges—the woman who is called his wife accompanied us.
MR. GIFFARD. Q. Tell us all that Solomons said in this conversation, when he was charged. A. I think that was all he said on that occasion; before that there was a long conversation.
MR. METCALFE. Q. Let us have the whole of the conversation with Solomons. A. I went to the Eastern Shades beer-shop about 6 o'clock in the evening, on 12th January—I saw Solomons, and asked him to step out-side—when we got outside I told him I was a police-officer—I said, "I believe you have sold some opium to a person by the name of Phillips, in Tottenham-court-road?"—he said, "Yes, I have"—I said, "Have you any objection to tell me where you got it from?"—he said, "No, I bought it of a young man"—I said, What youngman?"—he said, "If you come to the light I have got his address in my pocket-book, I will give you his name and address"—I asked him where this young man was employed—he said he was employed at the Eed Lion Wharf—he then gave me this card out of his pocket-book—I asked him if he had bought much of this young man—he said, "No, I just bought it from time to time"—I asked him what he gave him a pound for it—he said 10d. 6d.—I said, "Have you got any invoices?" I"—he said, "No, but I paid him a sovereign in front of the bar last night"—I then asked him if he had got any at home—he said,
I think, "About 20 lbs."—I then got the key from him—that is not all the conversation I had about Summers—I think it is nearly all affecting Solomons—I have heard that Summers is still in the service of Mr. Kearas since be has been on bail—Mr. Kearns was examined before the Magistrate, and bound over to be here, and he was here on Monday—he was not taken before the Grand Jury—his name is not on the back of the bill—Solomons gave me the list of several places where he had sold the opium—none of those people are here—Mr. Phillips is not here—the assistant from Mr. Phillips has been here each day—I do not know whether he is here now.
MR. GIFFARD. Q. In the statement Solomons made did he say anything about the quantity? A. No; he said, "A good bit from time to time"—he did not say the weight, but afterwards at the next examination he said how much he had bought from him—at the time Summers was taken into custody he was not in the service of Mr. Kearns—he had been discharged about a fortnight.
SOLOMON SOLOMONS . I live at 6, Devonshire-street, Mile End, and have from time to time dealt in sponges—I have known the prisoner four or five months, I do not know exactly—I first bought opium from him somewhere about four or five months back—he came to me at the Britannia beer-shop, where I was—the landlord called me out and said I was wanted—I went out and saw a man standing at the bar, I passed him and went into the street, thinking it was my wife who had called for me, which she had occasionally done—when I found she was not there, I went in again and saw the prisoner standing at the bar—he said, "Is your name Solomons?"—I said, "Yes; what do you want?"—he said, "Do you deal in Turkey sponges?"—I said, "Yes, I do"—he said, "Would you buy some Turkey opium?"—I asked him what Turkey opium was, for I did not know—he said, "Well, I dare say you know—I said, "Indeed I do not, for I never saw any in my life; but what might be the value of it, what do you want for it?"—he asked me a price, and I told him that if he would bring me a sample I would inquire the value of it and let him know—he asked me 12d. per pound for it—on the next night, or a night or two after, he brought me some, a piece or two, and I took it to a druggist and inquired the value and the quality—the druggist told me it was very good quality indeed, very superior, and the market price of it was somewhere about 20d. per pound—I then agreed to purchase of the prisoner at half-a-guinea per pound—I asked him how he came by it, and he said that one, two, or three ships came into the docks every week, and he could smuggle such a thing as ten, twelve or fourteen pounds per week from those ships, or if he could not smuggle it that it could be smuggled from those ships, and from that time he continually brought me some, two or three times per week—sometimes it was two pounds, sometimes three pounds, and sometimes four pounds—it was never one particular quantity, but varying from a pound and a half—not having kept an account of it, 1 judged when I was first asked that I had had about 140 pounds of it, but on reference to my recollection, having a little more time since, I do not think there was so much as that—I cannot say how much short of that it was—I do not think the time would have allowed for so much as 140 pounds, in the quantities he brought at a time—I dealt with him generally at a public-house called the Duke of Gloucester, in Seabright-street, Bethnal-green, and sometimes he brought it to my house—no person ever saw me deal with him, because it was done secretly—Mrs. Hardiman, the woman who lives with me as my wife, was at home several times when he came—I
remember weighing some opium at a chandler's shop, in Three Colt-lane—the name was Stichbury—the reason of my weighing it there was that he charged me for half an ounce weighed in the paper, and when I weighed it out of the paper I found I had not the weight—he was in the shop with me when I weighed it—I remember buying a sewing machine from him—that would have been a month or a little longer, before Christmas—I never kept any dates—it was paid within one week of the purchase—there were two separate payments—it was 2l. or 30d. on the first payment,' and 9l. or 9l. 10d. on the second, according to whether the first was 30d. or 2l.—it was paid within ten days—I do not recollect the date, but the last payment I made him was a sovereign—that was likewise about a short time before Christmas—I do not know whether it was more than a night before I was taken in custody; I think it was one night only—I think it was on the Friday—I was taken into custody on the Saturday—I had borrowed a sovereign of the landlord of the house, to pay my fare to go into the country with, and I came home—I was not fortunate in selling my goods, and I only brought home 3l. with me—I paid the landlord a sovereign, the prisoner came in just at the moment, and I said, "Here is a sovereign for you, and I have one sovereign left, which I want for my household expenses"—when we went outside the door he said if I could only pay him 5l. it would be a sufficiency for the present, for that there were other persons connected with him in it to whom he had got to give the money—I remember giving a card to Which her the inspector, who took me in custody—Summers gave that card to me—he wrote it.
Cross-examined. Q. You have not given us the names of the persons who kept the public-houses where you bought the opium; did Mr. Morris keep one, the Eastern Shades? A. Yes, that is where I paid the sovereign—the "Duke of Gloucester is kept by William Johnson, that is where 1 generally dealt—the place where I first saw the prisoner is the Britannia—I only saw him there once—the landlord's name is White—I did not understand the opium to be stolen—I understood it was smuggled—he told me that ships came into the docks two or three per week, up to January, and that there could be ten or twelve pounds smuggled—I only know that he told me it was smuggled from the ships in the docks—I had no occasion to make any further inquiry at all, except as to the value and quality of the articles I was going to purchase—I have dealt in sponges this forty yean, and inquiry has been made into my character by respectable gentlemen—my bills of parcels will prove all my dealings in sponges to be fair—I buy the sponges from different merchants; Mr. Cantor is one, and Mr. Fuminger another, and Mr. Lewis, the wholesale dealer in the article, and several more—I never got any smuggled sponges—I have dealt occasionally in other things; I have dealt in pictures, but sponges is the manner in which I get nay living—I Have dealt a little in jewellery at times, nothing else that I can think of—I carry a bag about when I travel—I do not hawk and go about from house to house—I go and serve shop-keepers only—I do not always get an article at 10d. 6d. when it is worth 20d. in the market; I only sold it at 15s., A pound.
Q. In consequence of your fancying it was smuggled you would not let any other persons see it? A. I did not; nobody saw it—my wife saw it several times, and Mr. Stichbury saw it once when I weighed it there—my wife knew about it—she did not know what I was buying, but she had seen me purchasing—she did not know anything about it—she could not very well avoid seeing it when she was in the house—the prisoner came of a Sunday morning to my place and brought tree or four pieces; he had to
bring the scales down and weigh it in her presence—nobody else lives in the house with us.
MARY HAKDIMAN . I have lived with the last witness for thirty-two years As his wife—I know the prisoner—I first saw him at the beginning of October as near as I can recollect—he knocked at the door of Solomon's lodging about 10 minutes to 8 at night, and inquired for Solomons—I said he was not at home, and that he could leave his message with me if he liked—he said he could not leave his message with me—I said he would find Solomons at Mr. White's at the bottom of Three Colt-lane, or at the Eastern Shades in North-street, and accordingly he went there, I believe—he came again after that—I think I have seen him there about fourteen times altogether—he has brought the stuff in that box—he brought no more than three pieces at a time—he had the first button of his coat buttoned, and two pieces under his arms and one piece in some part of his trousers—I did not know what it was; I never saw it before he brought it there—I thought it was greaves, what they give the dogs to eat—I remember Solomons purchasing a sewing machine from the prisoner—he came in the place on 28th November, in the evening—the Sunday following Solomons gave him nine sovereigns and a half in gold, and that paid for the machine and my instructions as well—I have seen money pass between the prisoner and Solomons a great many times—I have seen as much as 1l. 14d. pass at a time—I have been to Summer's house to be instructed about the machine—I was there in the beginning of November—I was there three times to learn how to use the sewing machine.
Cross-examined. Q. What time did he generally come? A. Mostly Sunday mornings, sometimes Sunday evenings; fourteen times altogether—I did not know anything about the stuff being smuggled—I never interfered with Solomon's business at all—I did not enquire what it was—I have never touched the opium at all—I have never had a bit in my hands, nor in my mouth—I know when Solomons was taken in custody—the police came and searched my place—I told them to go up stairs—Whicher knocked at the door and said that he had seen Solomons and had got the key of the door—I did not know anything of his affairs; he has one portion of the room to keep his goods in, and I never go to that portion of the room for anything at all—I went up with the officers—I showed the light up stain—I went to the police-court, Leman-street, the same night, to inquire; the sergeant told me that he was in custody.
RICHARD MORRIS . I keep the Eastern Shades beer-shop, North-street, Bethnal-green—I know Solomons and know the prisoner by coming into my place together and drinking together, a dozen times, perhaps—I saw money pass between them, but only on one occasion, that was a sovereign—it was on a Friday night five or six weeks ago, and on the Saturday night following, I think, I heard that Solomons was in custody—Solomons gave me a sovereign at the same time, which I had lent him about a week before.
Cross-examined. Q. You say you had seen them there about a dozen times, do you mean that they came together? A. They came in together two or three times—they were drinking as any other people in the house would.
MR. GIFFARD. Q. Were they drinking as separate persons or as companions? A. I do not know—they were sitting together sometimes.
COURT. Q. Within what time have they been in the habit of being together there, when did it first begin, did the twelve times spread over, twelve months? A. No, it may have been about three months.
JOHN STICHBURY . I keep a chandler's-shop at the corner of Three Colt-lane, Bethnal-green—that may be about 150 yards from the Eastern Shades—I know Solomons very well—I remember his coming in there with another person—Solomons said, "May I weigh this on your machine?"—I said, "You are at liberty to do so"—he put it on the machine and turned round to the man with him and said, "That is the weight, you see"—I said, "What curious looking stuff it is, what are you going to do with it?"—he made no reply but took it out of the scoop—I cannot say whether it was like this; it is so long ago—I cannot say whether the prisoner is the man.
HENRY GURDER . I have just come from Holloway prison—I was employed for eleven months at the Red Lion Wharf, Upper Thames-street—I was last there on 24th December—the prisoner was employed there at the same time that I was—I sometimes saw some opium on the drug-floor there when I passed it; some short time before Christmas the prisoner came to me when I was on the butt-floor—we worked together on the butt-floor the last two months—about a fortnight before that he said to me, "You can go to any place in the house and you can take some opium; never mind what quantity, I can get 10d. for a pound; I know a market for it; you can take a whole case; the gate-keeper is all right; I will bring it out, and you shall have the money for it."
Cross-examined. Q. He wanted you to steal opium, and said he would sell it? A. Yes; I was too honest, I would not do it—I am in custody, that was through the prisoner's false witness, not through the law of England—there were several false witnesses against me—there was the gate-keeper—I was convicted and am undergoing two months' punishment—I was in charge for having possession of money—I have been four times before the Lord Mayor—not the law of the country punished me, only the power—I have been in prison once before and had one year—there were not false witnesses against me then, that was true—it was in this Court—it was for passing bad money—twelve months was a long time to give me for the first time, but my companions had got more money—this two months was becaue I was in a public-house, and there was some money stolen—the gate-keeper charged me with stealing some silver, but afterwards he mend two half-sovereigns in his pocket—Mr. Kearns had not discharged me before that—that is Mr. Kearns sitting there—he is the owner or proprietor of that wharf.
COURT. Q. How long ago was that affair of the bad money? A. 12th December, 1858.
HENRY WEBB . I am deputy warehouseman at the London Docks, No. 2, warehouse—the opium floor is part of that warehouse—on 4th or 5th of April I saw twenty chests of opium weighed, into No. 13 yard—on 17th or 18th December, these same chests were examined again and six cases were gone—that is about 1,017l.—the market value of the opium we import is about 22s. 6d.—it came to over 1,000l. in value—every parcel of opium differs materially in appearance and quality—I observed the opium in there—this (produced) is of the same character and quality as that in the cases I saw in April—there is a peculiarity in the appearance of the lumps, and in the aroma—opium is usually imported in lumps of various sizes, but there is the same appearance about this opium, because the whole parcel was reckoned a fine one—it did not go up for sale, but the buyers came down, and it was purchased by Mr. Brooks.
Cross-examined. Q. What is the quantity generally in the Docks? A, generally a very small stock—a great quantity of opium comes to Mr. Kearn's wharf—I hare not been there to look at his opium—this all came by the
Brenda, In March, from Smyrna—it is imported from there—it is the best—I have seen several parcels, good and bad—I did not see any bad in this—Solomons did not cross-examine me at the police-court—I did not hear him cross-examine the witnesses—I was only there the last day—I did not see Solomon break a piece of opium, and show that it was inferior—there are not many people employed on the opium floor—the usual number is about six—there is a foreman over them—they were not suspected of being connected, in some way, with this matter, but they have all been discharged in consequence of the loss.
GEORGE BROOKS . I am a drug-broker of Turnwheel-lane—in April last I purchased eighty-four cases of opium—I saw every case and examined them thoroughly—nearly all the opium imported into this country passes through my hands—I have examined the opium produced to-day—I believe it forms part of the consignment at the London Docks, but I will not undertake to swear it—there is a peculiarity about it—it is rather more uniform in size for such a quantity, and is peculiarly good in quality—this presents those peculiarities.
Cross-examined. Q. Does it give you an impression that this is the same? A. Yes; it is my belief that this is the same, but I will not undertake to swear to it.
MR. METCALFE to JONATHAN WHICHER. Q. Were you present when Solomons was charged at the police-court? A. Yes; I charged him—he cross-examined the witnesses, as to the quality of the opium, and something was said about the price of it—one piece had been broken and put together again—he opened it and said that it was a bad quality—Mr. Randall was in the box at the time, and he cross-examined him as to the quality, and as to whether 10d. was a fair price—Mr. Randall said that it was worth 20d. a pound, and Solomons took this piece up to show that it was not worth 20d.
MR. GIFFARD to GEORGE BROOKS. Q. Is this good quality or bad? A. (Cutting the piece up). It is not so bad, and it is not so good as some of the other pieces.
MR. METCALFE called
JOHN KEARNS . I am the proprietor of the Red Lion Wharf—the prisoner has been in my service five or six years—I dismissed him shortly before he was arrested, and since this matter I have taken him back again—he is in my service up to to-day—during those five or six years, his character for honesty has been good or we should not have retained him—I have never heard a breath against him—I employ hundreds of workmen.
Cross-examined by MR. GIFFARD. Q. You were asked whether you had ever heard anything against the prisoner's honesty? A. I have not heard anything that induces me to believe that he is dishonest—I remember Whicher coming and telling me that he had got Summers in custody—I do not remember saying, "I do not wonder you have got him, for he is a great scamp"—I do not say I did not—I know I was very irritated with the prisoner—I kicked him out—I said that he had been guilty of irregularity and drinking during the hours of business, and that I imagined he had been drinking with Cox—I said, I suspected he had been concerned with a person named Cox who had robbed me of bell-metal—I could not say that he had been—I said to Whicher that he had been reported as having drank during my hours in a public-house, but I did not say that. I suspected him of being concerned with a person, named Cox, who had robbed me of bell-metal; that I swear—I told the inspector that there was a system of espionage, and that the prisoner had expressed an opinion that Cox had better keep out of the way
—I did not mention the fact to the inspector that Cox had robbed me of bell-metal—we had no charge against Cox, though we suspected him—I did suspect Cox, and therefore, I dare say, I told the inspector so—my suspicion of Cox arose from a description given to me of a man, by some of our men, but I am not certain that it was Cox—we put a flannel-jacket and other things together and we imagined that it was Cox—I have no doubt that I mentioned all that to Whicher—I mentioned it to Batterbee, the gate-keeper—it is my impression that he was in collusion with him, and let him take it out, and Batterbee was discharged—I have looked for Cox but I do not know him—I did not say to Whicher that I suspected that the prisoner was concerned with Cox in this transaction—I could not, I swear that.
MR. METCALFE. Q. You say that at the time Whicher came to you, you were angry with the prisoner because you had found him drinking at a public-house in the hours of business? A. We dismiss every man who drinks in the hours of business—I do not know that it was Cox, but I imagined it—after having investigated everything very carefully, I have taken the prisoner back into my employ—during eight years I have not had occasion to find fault with him, except for drinking in that way.
COURT. Q. How long was he out of employment before Christmas? A. About a week or a fortnight.
Other witnesses gave the prisoner an excellent character.
MR. GIFFARD re-called
JONATHAN WHICHER . I went to Mr. Kearns on the morning after I apprehended the prisoner—I asked him if he had a man of that name in his employ—he said, "Yes"—I told him the circumstances under which he was in custody, and he said, "I am not surprised to hear it; I have no doubt he is a great scamp—I discharged him a fortnight ago for being concerned with a man named Cox, in stealing some bell-metal"—I said, "In what way?" he said, "When Cox absconded he sent a message to him to keep out of the way."
NOT GUILTY .
Before Mr. Common Serjeant.
MR. ORRIDGE conducted the Prosecution.
CHARLOTTE HAYDON WHITE . I am the wife of George White, who keeps the Woodstock Arms beer-house, in West Ham, Essex—on the afternoon of 8th February, between 1 and 2 in the afternoon, the prisoner came with a decanter and wanted half a pint of gin—I told him we were not licensed to sell spirits—he said he would not give any trouble, he would have a glass of ale—he then put down this half-crown (produced) in payment—I gave him the change—he went out immediately—I took the half-crown into the parlour to my husband—in consequence of what took place in the parlour, after looking at the half-crown, I went and looked after the prisoner—I went to the next public-house, the Walmer Castle—that was about five minutes after—a witness named Bond went there with me—I saw Bond take hold of him, and; take a half-crown out of his hand—he was brought back to my husband's house, and a policeman was sent for—I marked the half-crowns that I showed to my husband.
Cross-examined by MR. TAYLOR. Q. Did you direct him where to get some gin? A. Yes, at the next house—that was not far—I did not think him
intoxicated—our house has the appearance of being a public-house—we applied for a license—many persons come in for spirits.
GEORGE WHITE . I keep the Woodstock Arms beer-house, West Ham—on 8th February, I saw the prisoner in my shop, and heard him ask my wife for some gin—soon after that she brought me a half-crown into the parlour—I went out, tried it with a detector, and found it was bad—I was at home when the prisoner was brought back in custody—I saw one half-crown taken from him, and then two more—I have since found that they were all bad.
Cross-examined. Q. Did you know the prisoner before? A. No, I had never seen him before—I did not know he had been a steward—he said he was a steward, a sailor—he had one good shilling on him—2d. 4 1/2 d. was the change that my wife gave him.
COURT. Q. How much is half-a-pint of gin? A. A shilling.
JAMES BOND . I am a general shopkeeper at 1, Swancombe-street, Plaistow, Essex—on 28th February I went into White's beer-shop—I saw the prisoner there—I went out leaving him there—shortly after I had left, Mr. White came to me—in consequence of what he said, I went in search of the prisoner—I found him at the Walmer Castle public-house, which is near by—I said, "You have passed a counterfeit half-crown at Mr. White's"—he said, "Where is that?"—he then ran to the door as though he wanted to know where Mr. White's was—I brought him back—when he found that Mr. White was determined to send for a policeman, I found him trying to shift some money out of one of his hands—I caught hold of him and took from his hand one bad half-crown, a shilling, and sixpence in good silver, and some coppers—I turned round to give directions to a little girl to go a different way for a policeman, and when I turned round again I saw his hand between the blind and the window—I ran forwards, threw him down, and took these two bad half-crowns (produced) from his hand—I marked them—a policeman came and he was given into custody.
Cross-examined. Q. Did you find him at the Walmer Castle? A. I did—he had a decanter in his hand with some gin in it—I said that I charged him with passing a bad half-crown, and he said, "Where is Mr. White's?"—I said that I would show him—he went back with me—he appeared quite willing to go—he did not tell me he was a steward on board a ship, or that he had changed a sovereign in the dock that morning—at the police-station he said something about being on board a ship—the landlord of the Walmer Castle is not here—there was nobody in the room at Mr. White's but myself and Mr. and Mrs. White.
COURT. Q. How much copper did you find on him? A. I cannot say—there was more than a penny—not so much as 5d. or 6d.
JEREMIAH BROWN (Policeman, K 337). On 8th February I was called into White's beer-shop, and took the prisoner—I received two half-crowns from Mr. Whito, and three from the last witness—the fifth is not produced here to-day; it was not in this case, it was taken at Mr. White's house half an hour previously, from a woman—four half-crowns altogether were taken from the prisoner—one be uttered, and these three were taken from him—I searched him and found threepence in copier on him.
Cross-examined. Q. The other was William the Fourth's, and these are Victoria's? A. Yes.
The prisoner received a good character.
GUILTY .— Confined Six Months.
Before Mr. Recorder.
MR. LLOYD conducted the Prosecution.
BRIDGET DONOVAN . I am married—on the morning of 1st February, between 12 and 1, I was at the house, No. 6, Surbiton-street, Plaistow-marsh, Victoria Dock-road—Ellen Gentry and the prisoner were in the room along with me—the prisoner asked me whether I would sleep with him—I declined—the other girl was in the room—he had slept with her on the Tuesday night—she was in bed—he did not get into bed—previous to this he gave me a shilling to get some gin—I got a shilling's-worth of gin, partook of some myself, and he drank all the rest—he was sitting on the sofa and his knife and sheath were lying on the sofa, and he said to me, "You have taken my money"—I said, "No, I have not taken it"—he said I had, with that he began slapping me about in the face, and pushing me—I said, "You will give me two black eyes if you do like that," and 1 began to cry—he struck me with his open hand—we had a scuffle, and he said, "You did take the money"—I said, "I did not," with that I went towards the door—and he went to the sofa and got the knife out of the sheath and made an attempt to stab me—Gentry screamed as loud as she could—I said, "You are not afraid of a knife, are you?"—she said, "Yes," she was—she jumped out of bed and screamed—I said, "Oh, I am stabbed," and I went down-stairs and sat in the landlord's room—I don't remember any more till I was in bed, and the doctor attending me—the prisoner attempted to stab me in the breast, and he stabbed me in the shoulder—this was a sheath knife.
ELLEN GENTRY . I was in No. 6, Surbiton-street, between 12 and 1 o'clock on 1st February—the last witness and the prisoner were present—I had drank two glasses of port wine with the prisoner before I went home, no more—he was not drunk, but he had been drinking—I got into bed—I could not see what took place then because there were curtains all round—I heard Bridget Donovan crying, saying, "You have given me two black eyes"—I got out of bed—she said, "Are you afraid of a knife"—I said, "Yes"—he went and asked her for his money—she said she had not got it, and he asked me for histrousers—I gave them to him, and he took them in his hand, and his knife and sheath, and he went across and tried to stab her in the breast, and she turned round and caught it on her shoulder—the prisoner had given Bridget a shilling to get him some gin—I unlocked the door, went down stain and gave the alarm—the prisoner came down stairs after me and Bridget, he ran out at the front door with his trousers in one hand and his knife in the other—he had nothing on but his shirt—I went and gave the alarm, the policeman came, and I went out with him in search of the prisoner—I found the sheath down stairs.
COURT. Q. Had he the greater part of the shilling's-worth of gin? A. He drank it all but one little wine-glass.
JOHN TUFF (Policeman, K 317). Oh the morning of 1st February, I was on duty in the Victoria Dock-road—in consequence of something I heard, I went to Surbiton-street—I found the prosecutrix sitting on a chair, bleeding—she told me she had been stabbed—in consequence of that I went in search of the prisoner and arrested him, close against the Victoria Dock entrance, standing in the road, with nothing on but his trousers, no boots and no car—I found in his pocket this stone (produced)—I took him to the house where the prosecutrix was in bed, she identified him, and I took
him to the police-station—I found nothing else on him—the landlady of the house gave me this purse, and 6d. and 3d.
PHILIP UMBLEY DANKS . I am a surgeon in the Victoria Dock-road—on the morning of 1st February, I went to No. 6, Surbiton-street—I found the prosecutrix there, sitting in a chair very faint, and bleeding from a wound on the shoulder—it was an incised wound about one inch in breadth, and I should imagine about an inch in depth—I should imagine that would be caused by a knife similar to that which sailors use, a sheath-knife—there were some bruises about the chest and face—she has been under my care since: within the last week she has recovered.
Prisoner. Q. Had she received some injury from another woman before? A. I don't know—something was mentioned about having been injured by another woman, the day before—when I saw her she was complaining from injuries about the chest, whether caused by injuries from you or not, I can't say—the only wound from a knife, was on the shoulder.
The Prisoner's statement before the Magistrate was read as follows:—"I was waiting for some of my shipmates to come ashore; they did not come that night; I got drinking with these two girls, and stopped with them till lock up time; we then went to another house, and were drinking there till it was time to lock up. We then went to their home. Gentry induced me to stop there, which I did; we had some gin, whilst drinking I got my knife and cut up some tobacco, at the same time talking with Gentry who was in bed—after I had cut up my tobacco, I looked for my money, and money and purse were gone. I asked Donovan where it was; she said she knew nothing about it. I said I would search her; she resisted, and we got into a struggle, and in the struggle she came in contact with my knife, which was in my hand all the time; we were all drunk—she said 'You have cut me.' Gentry gave an alarm, and I ran out; I was frightened."
The prisoner in his Defence repeated in substance the Statement just read.
GUILTY of unlawfully wounding.— Confined Six Months.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Eighteen Months.
MR. LANGFORD conducted the Prosecution.
GEORGE BARRELL . I am a watchmaker of Thomas-street, Woolwich—on Tuesday night, 29th January, between 8 and 9 o'clock, the prisoner came to my shop and asked me if I had any rings—I said, "No, only plain ones"—he said they would not do—he asked if I had got any lever watches—I said, "Yes"—I showed him one that did not suit him—I showed him another—he agreed to give me 4l. 5d.—he then asked if I had got an Albert chain—he selected one—I attached it to the watch—he put the watch to his ear two or three times, and I took it out of his hand and put the number of it down in a book—I was waiting for the money—he opened his pocket
and pulled out his porte-monnaie, shut it up and put it in his pocket again, then put his hand in his left hand pocket, and ail of a sudden he threw with his left hand some stuff into my eyes, and then broke the glass-case in the shop and stole from it a gold hunting lever watch, a gold guard, a gold Albert chain, and a gold brooch—they were quite safe on the counter while he was in the shop—I missed them all from the glass case, and also a piece of velvet—he did not take the watch and chain that he had bargained for, but he snatched at it—I am quite certain the prisoner is the man—I identified him at Colchester—when he was in my shop he was dressed in the undress of a line soldier—he had "86" on his cap—after he had broken the glass and taken the things, he slammed the door and ran out of the shop—I ran after him as well as I could—a person named Penn also ran after him—I have not seen my watches or anything since.
COURT. Q. How soon afterwards was it that you saw him again? A. I went down to Colchester and identified him on 10th February, Sunday, I think it was—I identified him as soon as I saw him—he was not with other persons, he was at Colchester gaol—I went down to identify him.
WILLIAM SAMUEL PENN . I am a master painter of Sandys Hill, Woolwich—on Tuesday evening, 29th January, between half-past 8 and 9 o'clock, I was near the prosecutor's shop when Mr. Barrell was chasing the prisoner—I followed the prisoner round William-street, into Wellington-street, where I overtook him—as soon as he saw me approach he threw some powder into my face—it very nearly blinded me, and it went into my mouth as well—he got away—I am quite certain he is the man—I picked him out of six others at Woolwich police-station.
JOHN SERGEANT (Policeman, R). I took the prisoner into custody at colchester, on 12th of the present month—I was not present when Mr. Barrell identified him—I was present when Penn identified him, at the police-station at Woolwich—there were six others placed with him, and Penn selected him from among the six—he was detained as a deserter from the 67th at Colchester, and from information we received, also from several other regiments—he was not in the 86th at any time to my knowledge—the "86" on his cap was supposed to be done by reversing the figures.
GUILTY .— Four Years' Penal Servitude.
The officer SERGEANT stated that the prisoner had enlisted in several regiments, received the bounties, and then deserted.
272. WILLIAM WADMAN(28), JOHN HEAENDEN(24), and JOHN WELLS(25) , Burglariously breaking and entering the dwelling-house of Richard Hancock, and stealing therein 2 legs of mutton, value 13s. 6d., and 8lbs. of beef, value 6d. 6d., his property.
MESSRS. DICKIE and LLOYD conducted the Prosecution.
WILLIAM KEMPSON (Policeman, R 260). About a quarter to 12 o'clock, on the night of Friday, 8th February, I was on duty at the village of Lee—I saw the three prisoners standing at a corner—I am quite certain they are the men—I have seen them before several times, they live in Lee—I had suspicion that something was wrong—I watched them for a short time—I got behind some fence opposite the prosecutor's shop—I stopped there a few minutes, and saw Wells and Wadman go up to the shop, leaving Hearnden at the corner of Boon-street—Wadman and Wells sprung the bar of the shutter—Wadman tookone shutter down and then got on to the board, handed the meat off the hooks, and passed it down to Wells—knowing all three prisoners, I did not make my appearance at the time—they came out shortly afterwards,
and Wells and Hearnden ran up Boon-street, Wells having the meat under his coat—I went then and called up the prosecutor—I saw the witness Brown there, I called him downstairs—I told him what had happened—I went in quest of the prisoners, and met Wadman coming down Boon-street—I told him I wanted him for breaking into Mr. Hancock's shop—he said, "Very well"—he did not deny it at all—I took him to the station, and then I went up to Hearnden's house, which is in Boon-street—he was in bed—after my standing there a little while he came down—I told him I wanted him for being concernedwith two others in breaking into Mr. Hancock's shop—he said he was very sorry, it was a drunken job—I then went up to Wells' house and knocked at the door—he was two hours before he came downstairs—I then went into the house, and told him what I wanted him for, for being in Mr. Hancock's shop—he said it was a bad job—I went into the back place, and one of the sergeants with me—I found one leg of mutton and a piece of beef.
Cross-examined by MR. COOPER. Q. Is it not the duty of a policeman to prevent a burglary if he sees one going to be? A. We have had several robberies round in that direction—I do not know that the prisoners have borne a good character—I have seen them out in the night—I have not drunk with them—they are well known in the parish—I know nothing about their parents.
WILLIAM BROWN . I am in the service of Mr. Richard Hancock, of Lee, a butcher—on 8th February, at 12 o'clock, I was called up by the last witness—when I went downstairs I found that the shutters had been taken down, and the bar of the shutter removed—I had shut the shop up about 9 o'clock before I went to bed—I missed two legs of mutton and a piece of beef—they had been safe the night before—at the station-house I afterwards saw some beef and mutton produced by the policeman—that was the same that we had lost—the mutton is worth about 13d. 6d.
COURT to WILLIAM KEMPSON. Q. How long after the breaking into this place was it that you took Hearnden? A. About three-quarters of an hour—he did not appear at all drunk then—he had had a little to drink—Wadman appeared the same.
The prisoners received good characters.
GUILTY .—Recommended to mercy by the Jury.— Confined One Month each
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .— Three Years' Penal Servitude.
MR. KEMP conducted the Prosecution.
WILLIAM WALLER . I am sixteen years old, and live with my grandmother, the prosecutrix, at 9, Richard-street, Woolwich—I recollect seeing the prisoner on 11th February, about 2 o'clock in the day—I saw him snatch two boots from the doorway of my grandmother's shop—I ran after him and caught him—he had the boots beneath his coat—I said, "Give me those
boots"—he said, "No I won't, I shall be taken up"—I gave him into custody—these (produced) are the boots—they are my grandmother's.
ALEXANDER REDDICK (Policeman, R 264). On 11th February, the prisoner was given into my custody by the last witness between 2 and 3 o'clock—I told him he was given into my custody for stealing a pair of boots—he said, "I know I have"—these are the boots—I did not see them on the prisoner—the boy had them.
He was further charged with having been before convicted.
JAMES WILKS (Policeman, S 43). I produce a certificate (Read: "Central Criminal Court, 23d November, 1857. Thomas Styles, convicted on his own confession, of stealing an ox, value 10l.—Confined Twelve Months.") The prisoner is the person mentioned in that document.
GUILTY.**— Four Years' Penal Servitude.
Before the Lord Chief Baron.
MR. JOYCE conducted the Prosecution.
FRANCIS FISHER . I am a commercial clerk, and brother to the prisoner—I had a sister, now deceased, named Eliza Fisher—her age was about thirty-five, as near as we can possibly ascertain—she was a single woman—she had four children; the eldest I think is about eleven, the youngest is between three and four—my sister resided with me in 1859—a gentleman paid me 10d. a week for her and her child, during the time she was with me in Carlisle—the other three children were at Southampton at the time, taken care of by the gentleman—I left Carlisle in December,'59, or about that time—the prisoner was a private in the artillery at that time, and was attached to the corps as a tailor, and was allowed to reside in the town, with his wife and family—I think he has six children, I am not certain whether it is six or seven—they were all living with him at the time when I first took my sister to him—I brought her up to London in December, 1859, and left her at the York Hotel in the Waterloo-road—when my sister came to me in Carlisle, I had not seen her before for seven years—I understood she was in a very delicate state when she came, but nothing in the way of out of her mind—I found out afterwards that her mind was affected—her mind was affected very badly once or twice a month, but I did not know it till after she lived with me—it was brought to my knowledge by her actions during the first two or three days—when she arrived in town, I think her state of mind was rather worse if anything—I placed her in the care of one of the servants at the York Hotel, and then I went down to Woolwich to see my brother, with a view to his taking care of her—I told him I had brought my sister from Carlisle, I had written to him previous to this, and he had agreed to take her—I did not mention to him at that time, on what terms he was to keep her, I did afterwards—we met at the York Hotel—an arrangement was made, but what arrangement that was, I did not know till afterwards—we met the gentleman from Southampton—he resides at Southampton—his name is Mr. Little—he, my brother, and my brother's wife made the arrangement between them—I did not hear the arrangement, so that I do not know what it was; but I afterwards ascertained from my brother that he was to have 5l. per month for herself and two children—my sister after that went to the house of the prisoner—in the following year, 1860, I took the elder of the two children away, the one about eight years of age; the younger one was left—I did not
then arrange as to the reduction of the 5l.—I believe it was arranged by a letter between the prisoner and the gentleman—he received 3l. 5d. per month after that—I visited my brother when I came from Carlisle—I was between three and four months away, after I brought my sister to him—the first occasion was between March and April, 1860—I did not see but what my sister was treated very well at that time—I think I came to London for good in April—I lived afterwards in the Commercial-road, Peckham, and live there now—I went down to Woolwich several times—I did not notice but what my sister was treated well—she was able to walk about at that time, and she seemed pretty middling—she was light-headed at that time, and used to do very foolish things at times—she did not appear to have judgment over herself at all times—she was very weak on her legs, and would fall and stumble about a great deal, and so she did at Carlisle—I do not know that she was paralytic, no more than what the medical man says—I went there on several occasions—I did not notice anything on the second occasion, nor yet on the third, but that my sister was treated very well by my brother's family, and all—I went to Woolwich frequently, but I never saw anything in regard to ill-treatment towards my sister—I thought she was not quite so cleanly as she ought to have been, and I spoke to her about whether she was treated well, and she said, "Oh yes, oh yes"—she was sensible at that time—I do not know what day of the month it was my sister died; it was in January last—I made my last visit to her about a week or ten days before Christmas—that would be about five or six weeks before her death.
Cross-examined by MR. SLEIGH (with MR. PALMER). Q. While she was with you she was, I believe, in an almost helpless condition? A. Yes—she used not to evacuate in the bed at the time she was with me—I am told that occurred while she was with my brother.
CHARLOTTE FISHER . I am the sister of the prisoner—I went down to Woolwich on the Tuesday, the day before my sister died—I was there two months before that time—when I went there I found her sitting up in the bed with her night dress on—she was unable to dress herself—I noticed a small mark on her shoulder, as if it was an old bruise—I took her down some clothes—I believe she had some clothes before I took them down—I do not know how much she had—I heard that she had been in the habit of destroying her clothes, therefore I took some down for her—I took a dress, a flannel petticoat, and a chemise—I had gone down before that, and then I found her up and dressed—I found her up all the other times she was lying on her bed when I went down two months before her death—it was a feather bed—I was examined before the coroner—I remember that—she was lying on a feather bed and bedstead—I took a small piece of cake down to her on that occasion and gave it to her.
Cross-examined by MR. SLEIGH. Q. This poor creature had the same accomodation that the other members of the defendant's family had? A. Yes—he is in the artillery—he was out from 5 in the morning till 6 in the evening.
MR. SLEIGH to FRANCIS FISHER. Q. While your sister was with you, I believe she was violent and used to tear her clothes to pieces? A. Very much so.
WILLIAM WOODS HARDING . I am surgeon of part of the parish of Woolwich—I received an order to visit at the house of the prisoner on the evening of 4th December, 1860—I went there on the 5th and saw the prisoner—he brought the order to me himself on the 4th—I do not feel quite
certain whether I saw him or not on the 5th—I saw the deceased and examined her—I found her rolled up in a dirty looking counterpane or rug, lying on a bedstead, but whether on a mattress or bed I am not prepared to say—she was so closely rolled in the rug that she was apparently naked—the state of the room was very offensive.
COURT. Q. Was her mind affected? A. Yes—I put some few questions to her, it being the object of my visit to ascertain the state of her mind—she was imbecile, and what we call a dirty patient—that is a familiar phrase—they told me she was quite insensible to the calls of nature—she appeared to me to be so, either from the state of her mind or from wilfulness.
MR. JOYCE. Q. Did you speak to the prisoner? A. I don't feel quite certain whether the prisoner was at home on that occasion—I did not go on any other occasion—I did what 1 had to do as a medical man and that ended my visit—I did not go again.
Cross-examined by MR. SLEIGH. Q. The rooms that were occupied by this man and his family consisted of two only, I believe? A. I only saw two—one room could not be called a small one, the one in which the deceased was, was smaller—there were two bedsteads in that room—the effluvia I speak of would arise from a person involuntarily evacuating—I was told that she tore her clothes to pieces and that they could not keep anything on her.
COURT. Q. What did you prescribe? A. Not anything—I visited to give a certificate to be taken to the Board of Guardians that she might be taken into the Union, that being the prisoner's wish, or expressed wish.
BENJAMIN WAITES . 1 am the assistant relieving-officer of the parish of Woolwich—in December some application was made by the prisoner's wile, I believe, after which I went to the prisoner's house—I saw the deceased—that was on Sunday, the 16th December—she appeared to be wrapped in a dirty rug, lying on a bed which was straw—I saw some portion of straw from the edges of the bed or mattress—the room was offensive—I did not say much to her—I saw that she appeared to be in an imbecile state and was dirty—her form in the bed was more like that of an animal, with her knees up, and so on—that decided me at once as to her state—I saw the prisoner with reference to the poor woman going into the workhouse—I told him that I had an order for her admission into the house, but that as I perceived from the appearance of the place and from a remark made, there were means to pay, I said to the prisoner, in consequence of his having previously stated to me that he was willing to pay a small sum, "You told me you would pay 3d. a week, and your brother, you said, would pay something?"—he said, "Yes, I have no objection to pay 3d. a week, and my brother will be down to-day "—I said, "You and your brother will come down and see me in the after-noon; I will give you an order for her removal into the union at once"—the order did not depend on their payment—I had an unconditional order.
COURT. Q. Is there a part of the union used as a hospital, for the reception of persons who are unwell? A. There is a large infirmary and also a place for imbecile and deranged persons—we have every facility for applying water, cold and warm—the prisoner was in two rooms as far as I saw, part of a house, lodgings—there was nothing of the sort there.
MR. JOYCE. Q. Did the prisoner and his brother come to you? A. No—I did not hear any more of the case until the death.
Cross-examined. Q. Who did you see when you visited the place? A. As near as I can recollect I saw the prisoner at one visit, his wife, a young woman, I believe his daughter, about sixteen years of age, two drummerboys,
and, I think, a younger child—the sitting-room was rather larger than the bed-room—there was no sleeping accommodation in the sitting-room—it appeared to me that the family slept in the same room as the deceased—I understood that the two drummer-boys slept at the barracks—I never gave the order to the prisoner, I only told him I had obtained it and told him to come for it, as is usual, we don't carry them about with us—it was about five weeks afterwards that 1 heard of the death—I did not go to the house in the interval—I suggested to the prisoner that he should contribute something; I did not suggest that his brother should also do so, that was his suggestion—nothing occurred which led me to imagine there was any ill-usage or unkind treatment towards the woman, had there been I should at once have seen to it and made the order imperative—I never heard a word of the kind.
MR. JOYCE. Q. You say you suggested to him that he should pay something towards the support of his sister, tell us what was said. A. I think I said that he had previously offered to pay 3d. a week, and he said he should be glad to get rid of her for 3d.—I merely suggested it in order to protect the rate-payers if people are able to pay.
MARY STAY . I am the wife of a pensioner at Woolwich—I lived in the room opposite the prisoner—I was living there when the deceased first came there—she was then very clean and tidy—sometimes she would go out of doors a little and walk about—within about four months of her death she looked very poorly, her head was bad and she seemed very ill—I have been into her room—I did not find her so comfortable as I think she Ought to have been—she was lying on the bed with a sort of mattress—there was straw coming out at the foot of the bed as if there was some put underneath—I did not speak to the prisoner about her—he was continually out during the day—he did not work at home, but at the tailor's shop at the barracks—lie went out about 7 in the morning, returned about 12 to dinner, then went out again and returned after 6 in the evening—I heard the deceased cry out for bread and butter and tea one night about four months before her death, and once when I heard her cry out I took her some from our table; it was about tea-time—the prisoner was not there at the time.
MR. SLEIGH to FRANCIS FISHER. Q. Whilst your sister was with you used she, notwithstanding being amply supplied with food, continually call out for it? A. Yes, in the middle of the night she would do so, and likewise after she had had a good dinner in the middle of the day, about half an hour after having it she would go and get a raw onion or turnip and begin gnawing it very ravenously as if she had not had a bit—sometimes she would disturb us all nightlong so that we could get no rest whatever.
WILLIAM STEWART . I am a surgeon—I made a post mortem examination of the body of the deceased on Friday, 25th January—she died on the Wednesday—I found a chronic disease of the brain of long standing—the brain was of a firmer texture than it ought to be, and there was a quantity of water in the ventricles and effused into the membrane covering the brain—there were also a great number of red spots in the substance of the brain, more than is usual—I should not suppose that the person to whom that brain belonged could have been in her right mind for some time—all the other organs of the body were healthy but the stomach was contracted, pale, and unusually small and empty of anything like food, and the intestines equally so—I cannot state how long she had been without food—she died from disease of the brain—that disease would inevitably have been fatal at some time or other—cold, hunger, and privation would undoubtedly accelerate it.
COURT. Q. Have you been much accustomed to insane patients! A. No, not more than is usual in a general practice—it is not unusual for persons with that sort of affection of the brain to abstain from food—the appetite would become impaired, and there is also in imbecility, to some extent, an inability to feed themselves—what I saw was quite consistent with her baring food about her or having food brought to her; but she would probably not take it without she was fed.
The LORD CHIEF BARON was of opinion that upon this evidence there was no cue to go to the Jury.
NOT GUILTY .
Before Mr. Common Serjeant
MESSRS. CLERK and ORRIDGE conducted the Prosecution.
CHARLES TWILLEY . I keep the Fox beer-house, Frogmore-lane, Wandsworth—on 24th January, about 3 o'clock in the afternoon, the two prisoners came—M'Carthy asked me for a pint of beer, and offered me a half-crown—I said, "This is a bad one"—he said, "Give it me back, and I will see if I have got another one"—I gave it him back—I tried it with my teeth; I found it grit—I am sure it was bad—I saw a half-crown since, but cannot swear that it was that one—he then gave me a 2d. piece—I said, "This is good"—I gave him 1s. 10d. in change—they drank the beer between them, and left the house together—I gave information to the police—I believe this (produced) to be the half-crown.
M'Carthy. Q. When the policeman gave you a good half-crown at the police-court, did you not try it with your teeth? A. Yes—I said, u No, this is not the one"—I bit the second one, and said, "This is a bad one," and that it looked like the one you gave me.
MR. CLERK. Q. At the police-station did the policeman show you some money? A. Yes—he first gave me a good half-crown, which I tried with my teeth—he then gave me a bad one which appeared to be like the one that they had changed at my place.
JANE STYLES . My husband, John Styles, keeps the Cedar Tree public-house at Putney—from there to Frogmore-lane, Walworth, is about three-quarters of a mile—on Thursday afternoon, 24th January, the prisoners came to my house about half-past 4 o'clock in the afternoon—McCarthy called for half a quartern of gin, which is 2d.—he gave me a half-crown—I examined it—there was no one else in my house at the time—it appeared to be a bad one at the time I took it—I gave him his change, 2d. 4d.—they both drank the gin, and left immediately—as soon as they had gone out a constable named Johns came in—I gave him the half-crown which M'Carthy had given me—he went out and followed the prisoners.
M'Carthy. Q. How did you know it was a bad half-crown? A. I thought it was bad, and when the constable came in I asked him—I did not try it while you were in there—I did not let it go out of my hand—there were not teeth marks on it when you gave it to me.
JOHN JOHNS (Policeman, V 69). On the afternoon of 24th January I received some information from Mr. Twilley—I went towards Putney—I saw the—prisoners come out of the Cedar public-house—I went in there and saw Mrs. Styles—she gave me this half-crown—I went after the prisoners—I lost sight of them for sometime after I came out of the Cedars—I went towards Putney, and, coming back, I found them in Wandsworth-lane—I was then with Costello, another constable—I took Fellows into custody—I said, "You must
go back to the Cedar public-house with me,"—he said, "What for?"—I said, "You know what you had to drink there; you have passed a bad half-crown"—he said "I don't know anything about it myself; I did not pay for anything'—I took him back to the Cedars, and Mrs. Styles identified the two—I took him into a room and searched him—I found on him 1d. 4d. in silver, and 4d. in copper, good money—I know a Mrs. Ready—the other constable has got the other half-crowns—Mrs. Ready pointed out to me where she had picked up five half-crowns—that was in Wandsworth-lane, about three or four yards from where we had taken the prisoners in custody—they had passed that place—they must have seen us as they passed that place.
EDMUND COSTELLO (Policeman, V 160). I took M'Carthy into custody in Wandsworth-lane—I searched him at Mrs. Styles', and found on him a half-crown, two-shilling piece, a shilling, a sixpence, and two penny pieces—when the charge was made against him he said to Mrs. Styles, "If I have given you a bad half-crown, I will give you a good one now," but she refused to take it.
ELIZA READY . I am the wife of John Ready, of Brewhouse-lane, Putney—on Thursday afternoon, 24th January, I saw where the crowd was—the two prisoners were gone then—after they were gone I picked up in the road a piece of paper in which were five half-crowns—I did not know they were bad—I did not see them dropped—that was about half a yard from where the crowd had been—I took them, and shewed them to Mr. Knight, and took them afterwards to my husband, and gave them to him—the only other money I had with me at the time was a fourpenuy bit.
M'Carthy. Q. Did you pick up those half-crowns while we were there! A. No—I did not see you there—you were gone up the lane.
MR. CLERK. Q. Did you show the constable the spot where you had picked them up? A. Yes.
THOMAS KNIGHT . I am the landlord of the Castle Inn, Wandsworth-lane, Putney—on 24th January the last witness gave me five half-crowns, all counterfeit—one of them was melted at my house—I gave the other four to the constable Symonds, the next morning.
M'Carthy's Defence. I own I had the half-crown in my possession, but I did not know it was bad when I gave it to the first witness; he took it up, and asked me if I had any more money; I said I had; he said he did not like the looks of it; I gave him another; he gave it me back; I did not know it was bad, nor did I when I offered it at the other place; when we came out the police-constables cameup to us and asked us if we would go back, and we said, "Yes." I do not know the other half-crowns at all; I never saw them before.
Fellow's Defence. I know nothing at all about it.
GUILTY .**— Confined Nine Months each.
MESSRS. CLERK and OBRIDGE conducted the Prosecution.
beer—I served him—he gave me a half-crown—I put it in the till—there was not another there—I gave him 2d. 4 1/2 d. change—ten minutes afterwards I was clearing the till, I looked at the half-crown and found it was bad—I put it on a shelf at the back—an hour and a half afterwards the prisoner came in again—Moore, my fellow-servant, served him, and brought me a half-crown—I did not see the prisoner give it—Moore brought it to me, and I said, "Who gave it to you"? he said that the prisoner did—it was bad—I then recognised the prisoner—I said, "This is bad; have you" any more about you?"—he said, "No"—I said, "You" were here this afternoon, and gave a bad half-crown"—he said, "I have not been in the house before"—I told him that he had a pint of beer when he gave the bad half-crown before—he said that he did not drink beer—I then sent for the constable, and gave him in charge—I gave the constable the two half-crowns.
Prisoner. Q. where did you" put the half-crown I gave you? A. On the shelf; the one I took—when I found out afterwards that it was bad, I took it out of the till and put it on the shelf—we clear the tills every hour—there were not any bad half-crowns on the. shelf, besides the one you gave—there were good ones—I put the one you gave me by itself, not among the others.
ROBERT MOORE . I am also a barman at the Old Dover Castle—about half-past 6 o'clock, on the evening of 1st February, the prisoner came there—I served him with 2d. worth of gin—he gave me a half-crown—I bent it, and gave it to him, and said, "This is a bad one"—he then gave me a good one, and I gave him 2d. 4d. change—while he was still at the bar, I asked him to let me look at the bad one again—he gave it to me, and I then took it to Frederick Jones, and gave it to him.
THOMPSON BARNETT (Policeman, L 156). I took the prisoner—I received these two half-crowns (produced) from the witness Jones—I searched the prisoner, and found on him 2d. in silver, and 5d. in copper, good money—he said he Jived at 24, Prince's-street, "Union-street, Borough—I have been there—it is a false address—I cannot hear of him there.
NOT GUILTY .
MESSRS. CLERK and POLAND conducted the Prosecution.
SUSANNAH CARTER . I am the wife of James Carter, of 5, John-street, Cornwall-road, Lambeth—we keep a greengrocer's shop—the prisoners occupied our back room, second floor, for four months, as near as possible, in the name of West, at 2d. a week—they said they were brushmakers—about mid-day on Monday, the day they were taken, the woman came into my shop, and I served her with a pound and a half of potatoes to take up stairs.
JAMES BRANNAN . I was formerly inspector of the G division of police—I am now engaged by the Mint authorities in apprehending persons engaged in making coin—on 4th February I received some instructions and went at 10 o'clock at night, with other officers, to the first-floor, 5, John-street, Cornwall-road—it was locked, I believe, for I could not open it—we broke it open, and upon entering, saw on the table, by the side of the fire-place, a galvanic battery in full work, with seven counterfeit sixpences on the wires, undergoing the process of electro-plating—this (produced) is the cylinder in which they were deposited—there was an earthenware jar outside, in a position to accelerate the process—I saw some counterfeit coin on the mantelpiece,
and on the shelves, and in the cupboards, on each side of the fire-place—on the table was a plate, a cup, and a saucer, all containing wet sand and water, with some pieces of coin in it—on the same table were two files with white metal in their teeth, as if recently used, with a large quantity of white metal metal filings on the table—near the fire-place I found this ladle containing white metal which was warm—in the cupboard I found these pieces of plaster of Paris, which I believe to have been moulds—some with two or three channels for the purpose of testing two or three pieces at one time, but the impression is obliterated—there was no person in that room—I had seen the male prisoner go out at about twenty minutes to 9, by himself—he was running—we had been watching the house all that time, and for a long time before—I did not see the female prisoner leave the house—I went down-stairs, leaving Inspector Fife and Elliott to watch the rooms—I sent some other constables to search for the prisoners, accompanied by Rope, who lived in the house, to point them out—about an hour afterwards I heard Bryant's voice in the court downstairs, at the door—the male prisoner was coming into the house with Bryant, who held him by the hand, and called me—I heard Bryant say, "I do not live here"—I opened the door and said, "Bring him in, Mr. Bryant, that is the man I want"—at that time Inspector Fife was coming in at the side entrance with the female prisoner—we proceeded up stairs—I opened the door of the back-room, and said, "Mr. Vowell. I received instructions from the authorities of the Mint to look after you as dealing largely in counterfeit coin; there is pretty good symptoms of it here," pointing to the battery and counterfeit coin lying in all directions, and the implements on the table—(his name is Vowell)—he said, "I do not know what you mean; somebody must have put them here since I have been gone"—I said, "Oh! that is what you mean, is it, Mr. Frenchy; what have you got about you?"—I put my hand to his waistcoat-pocket while Bryant held him, and in it I found seven good sixpences, loose, and ten bad sixpences in another pocket, wrapped separately in paper—I said, "Perhaps somebody put these in your pocket since you have been out"—he said, "Well, it is no use, Mr. Brannan, I will plead guilty to it ail, if you will spare my poor wife and child"—I said, "I can hold you out no promises "—he said, "I only sell, I do not make"—I said, "This is pretty good proof," producing the moulds, the impressions on which were effaced—he said, "Well, it is no use, I will plead guilty to it all: when I came out of prison last time, I met a man who taught me; I am a brush-maker by trade; I am badly off for work"—I have known him since 1849, and believe the female prisoner is not his wife—she has lived with him perhaps a couple of years—I produce a large quantity of counterfeit coin—one packet contains five half-crowns, two finished, and two unfinished: ten florins, nine of which were counterfeit, and the other, I believe, to be the pattern piece, it was wrapped in the same paper with the bad ones—here are twenty-two counterfeit shillings, some finished, and some unfinished, and considerably above 100 sixpences—here are all the necessary implements for casting and cleaning counterfeit coin.
Powell. Q. When I went up stairs, did not I ask you who had been breaking my place open? A. No; I did not tell the Magistrate that I only found five sixpences in your pocket; I found seven—you did not say that you had only been three months from prison, after eighteen months which you had had—I took great notice of what you said—you did not say, I suppose, for my bad character, I shall have to suffer for this thing"—I have omitted to say that the key of the room door was found in a basket which West was carrying.
BENJAMIN BRYANT (Police-inspector, G). I accompanied Brannan—I saw the galvanic battery, and the coins—I shortly afterwards left and went in search of the prisoners—I went to the Stamford Arms, Stamford-street, which is not a quarter of a mile from the prisoners' house—I saw the prisoners sitting there—they came out, and I followed them towards their home—when they got to the corner of their court, Powell looked back and saw me and Fife—West looked back also, and turned to go in another direction—we, ran up and secured them, and I called out to Brannan, when. I got near the door—when I took Powell ho said, "What do you want with me?"—I said, "Here is a gentleman down here wants to see you"—he, said, "You have made a mistake"—I said, "No;" I said, "Are you not Mr. West"—he said, "No; you have made a mistake; you had better let me go"—I said, "Do not you live here?"—we had then got to the house, and Brannan opened the door, and I said, "Mr. West has come home"—Brannan said, "Very well, bring him in"—we took the prisoners up stairs—I held Powell, and saw Brannan take six or seven sixpences from his waist-coat—pocket, and afterwards a paper parcel containing ten bad sixpences, wrapped up separately—I found seven half-crowns, and seven sixpences on the table, all counterfeit, close to where he was standing.
Powell. Q. I think I took you to the house more than you took me? A. No; I dragged you there—Brannan searched you before he touched any of the articles—the basket was in West's hand.
MR. CLERK. Q. Was the key of the room in that basket? A. Yes; and Brannan tried it in the lock.
JAMES BRANNAN , Junior (Police-sergeant, G 21). I went with the other officers—all these things were in the room, when we broke open the door—I produce the battery which was in full play, containing seven sixpences, and a cup with five counterfeit sixpences in it, in some wet sand.
ARTHUR ELLIOTT (Policeman, G 104). I went to this room—I produce five counterfeit half-crowns, twenty counterfeit sixpences, and twelve counterfeit shillings, which I found on the mantel-piece, and this purse on the sideboard, containing two half-crowns, four shillings, and four sixpences, all good.
SAMUEL HOPE . I am a labourer, and live in the same house with the prisoners—they occupied a back room at the top of the house—I had just come home from work, when the police broke open their room—I saw West go out about a quarter of an hour before the constables came—she had the child with her, and a little round basket—I heard the door burst open, and went out and saw the policemen on the stairs—I went with a constable and pointed out the prisoners at the Stamford Arms.
Powell. Q. Did not you say that you followed me out at twenty minutes past eight? A. No; I did not see you at all that night before 1 saw you in the Stamford Arms.
WILLIAM WEBSTER . This is a galvanic battery—this wire is to hold the pieces which are to be covered with silver—here is a mould for casting three coins—the seven sixpences which were in the battery are coated with silver—they are all base metal—I have examined all the counterfeit coins, or so many as will answer your Lordship's purpose, and have compared them with the good pieces produced, amongst which I have found the patterns used for making the moulds, one of which was wrapped up with the bad
coins—here are ten counterfeit sixpences of George the Third, of 1817; ten of 1842, and the patterns of them; seventeen of 1858, and the patterns of them; fourteen shillings of 1817, with the patterns; eight shillings of 1842, with the patterns; seven counterfeit half-crowns of 1836, with the patterns; four of 1817, with the patterns—here is a packet containing ten florins of 1859, nine of them are counterfeit, the tenth is good, and was the pattern for the others—here are a great many other pieces, all of which are counterfeit—I know these moulds have been used, by the channels, bat the impression is completely obliterated—they could not be used for anything else, because the channels are so close together.
Powell's Defence. It is no use my denying anything, as they have made the case out against me; Brannan's attention was entirely devoted to picking the things up, and they were all mixed together in the cab, and so they were at the police-court; they have separated them since, but they cannot swear which officer found them, so that shows that they are swearing falsely; if they are guilty of swearing one thing false, they may be guilty of swearing the whole.
GUILTY .— GUILTYThe Jury recommended West to mercy.
The officers stated that Powell was a dealer in counterfeit coin, and could get rid of pounds' weight of it in a day; that West was his agent for circulating it, that she was also a very expert maker of it.
POWELL— Eight Years' Penal Servitude.
WEST— Four Years' Penal Servitude.
MR. CLERK conducted the Prosecution.
ROBERT VICKERY . I am barman at the King's Arms public-house, Kenniugton-lane, on 31st January the prisoner was there, at 12 o'clock in the day—I gave her half a pint of beer, and she gave me fid. in payment for it—I placed it in the till—there was a 2d. piece and 1d. in the till, but no other 6d.—I gave her 5d. change, and she left the house—she returned again five minutes afterwards—I recognised her when she came in—I looked in the till when I saw her come in at the door, and found the 6d. was bad—I took it out of the till before I served her the second time—she asked for half a pint of beer—I served her, and she gave me a bad 6d.—I said to her, "This is bad, and this is one you gave me just now"—I threw the 6d. she first gave me on the counter, and she took it up, and bit it to pieces, and swallowed them—I called my master's attention to her—he took a part of the 6d. that she was chewing out of her hand—a constable was sent for—he took the prisoner into custody, and I gave him the second 6d. the prisoner gave me—the piece of the other was given by my master in my presence—no one looked in her mouth—I looked on the floor, but could find no pieces.
Prisoner. I know nothing about the first one.
HENRY BARRETT (Policeman, L 16). The prisoner was given into my custody at the King's Arms—the master gave me a counterfeit sixpence, and the piece of another (produced)—the last witness was present at the time—the prisoner was searched, and a good shilling in silver and 5 1/2 d. in copper found on her—I looked about in the public-house but could not find any more pieces.
GUILTY .— Confined Nine Months.
MR. CLERK conducted the Prosecution.
ROBERT WILLIAM HANNAH . I am an oil and colourman of High-street, Newington—my mother keeps the shop—on 19th January the prisoner came for half a pound of candles which came to 3 3/4 d.—she offered me a half-crown—I told her it was bad—my mother asked her where she lived, and she said up the street, she did not know the name of the street as she had only been there a week—she gave her name Mary Cummins—my mother gave her in custody.
JANE HANNAH . My son brought the half-crown to me—I afterwards gave it to the constable—I asked the prisoner if she had any more money—she and No, and that her mistress gave it to her to get half a pound of candles—I asked her where her mistress lived—she said down the street somewhere, that she had not been there long, and she did not know the name of. her mistress, or the number of the house—I sent the lad for a policeman.
STEPHEN FENNIMORE (Policeman, L 145). I took the prisoner in the shop—I asked her her name—she said Mary Cummins—I received this half-crown from Mrs. Hannah—this was on a Saturday—the prisoner was taken before the Magistrate at Lambeth, Police-court on Monday morning, the 21st, and remained till the 23d, when she was discharged at about 2 o'clock in the day.
MARY ANN BROWN . I am the wife of George Brown, of the Rodney Head beer-shop, Little Suffolk-street, Borough—on Wednesday, 23d January, the prisoner came there about half-past 8 in the evening—I served her with a pint of beer—she gave me a shilling—I kept it in my hand, and I thought it looked like a bad one—she left the house—I then told my husband to run after her—he brought her back—I said, "You knew this was a bad shilling when you gave it to me—she said that if I would let her go, she would get a better one—I told her to put the 10 1/2 d. change which I had given her, on the counter, and she did so—I gave the shilling to my husband and he gave her in custody.
JOHN ARROLL (Policeman, M 282). Mr. Brown gave the prisoner in my custody with this shilling, at the Rodney Head—she said that her name was Jane Smith—I asked her where she lived—she said she was an unfortunate girl and got her living off the streets; she had no home.
GUILTY .— Confined Nine Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
CHARLES JOHN WEBB . I am a baker of 14, George-street, Southwark—on Saturday, 9th February, about 8 o'clock, a female came into my shop for a half-quartern loaf—she gave me what appeared to be a half-crown—I gave her 2d. 2 1/2 d. change, and she left—I put the half-crown in the till—there was no other there—directly she left the shop I took it out, put it on the parlour table, and left it there—I did not then know it was bad—after she went out, the prisoner came in and asked for two half-quartern loaves—I served him; the price was 7d.—he tendered me what I supposed to be a half-crown—I said, "I do not know what I shall do, governor, for I have not any halfpence"—he said, "Give me half a quartern of flour"—that would make it 11d.—I had not a sixpence in the till, and I called to my wife to go up stairs and fetch me a shilling, which she did, and I gave the prisoner a
shilling, a sixpence, and two halfpence, and he left—I put the half-crown in the till, and just as he left I took it out again, having suspicions, tried it, and found it was bad—I went out and saw the prisoner on the opposite side of the way, about six doors up—he went up to the woman who had been in first and given me the half-crown, and then left her directly—I followed him caught him in the Blackfriars-road, at the top of George-street, and asked him to come back to my shop as he had given me a bad half crown—he said, "Eh! what, governor, I have not been in your shop"—he would not come back—he said, "If you want to take me, go and get a policeman"—I said, "No, I shall stop with you till I can find one"—I did not find one for half an hour, during which time the prisoner was dodging me through some passages—he gave me a run for it, but I stuck close to him, and gave him in custody—he had no bread or flour with him then, but the woman had gone away—I am certain the prisoner is the man—I gave him in charge with the half-crown.
ISABELLA WEBB . I am the wife of the last witness—I remember my husband bringing some money into the parlour on 9th February, and putting it on the table—the prisoner afterwards came in—he is the man—I went up-stairs to bring my husband down a sixpence—when he left the house I looked at the money that he had put on the parlour table—it was a bad half-crown—I gave it to my husband when he came back—I put no money on the table while he was away.
WILLIAM EDWARDS (Policeman, L 26). On 9th February, in the evening, Mr. Webb gave the prisoner in my custody for passing bad half-crowns—I told him the charge—he said, "What do you charge mo with, stealing a two-shilling-piece?"—I took him to the station, searched him, and found on him two shillings, a sixpence, and 2 1/2 d. in copper, all good—on the way to the station he said, "I do not look much like a man who would go into a baker's shop, and buy two half quartern loaves, and half a quartern of flour"—I had not said anything about the loaves and flour, nor had anything been said in my presence to him about them.
Prisoners Defence. It is very strange if he saw me talking to the woman he did not stop her. He must have seen the loaves and flour if I had them. He has mistaken me for another party.
GUILTY .— Confined Six Months.
Before the Lord Chief Baron.
MR. METCALFE conducted the Prosecution.
FRANCES BLOTT . I am the wife of John Blott, a baker—we now live at No. 10, Mint-street—a short time ago we lived at No. 12, the same house in which the prisoner lived—we removed from there about two months before the death of the child—we had been living there about two months before the prisoner came home—the child was in the house at that time—the prisoner's husband was living there with her and three other children besides the deceased child, and older than her—she was about 14 months old at the time she died—they occupied a room at the top of the house, I occupied the room immediately under them—when the mother brought the child home the first week it cried very much, but I did not take any notice
of it till my attention was called to it by the neighbour next door, in consequence of that I listened to it and I heard the mother slap the child repeatedly, and scold it for being dirty—the child cried on and off very much the second week—I heard the slaps frequently, mostly every day—the child cried very much—on one occasion I heard it slapped three times in the day—after the mother had been at home a fortnight with it the child was one day crying very violently and I heard the mother slap it—Mrs. Freeman who lodged in the next room wished me to go in, and I did and said to the prisoner, "You will excuse me, Mrs. Connor, for coming in, but it very much upsets me hearing the baby cry so, and hearing you flog it"—the baby was then sitting in a corner of the room and the family were getting their dinner at the other side of the room, the prisoner, her husband, and the other children—I wished Mrs. Connor to let me take the child downstairs and let my little girl nurse it while they were getting their dinner—she took it away from me, sat it down in the corner again, and said she would not allow me to take it down, and I left the room—I did not say anything more—I heard it slapped after that—it went on for another fortnight) at times—I heard it slapped on Friday night and I knocked at their room door and asked what she was doing to the child—the man brought the child out and abused me very much indeed—I said I could not help it, I did not wish to interfere! but I could not bear to hear the baby cry so and hear it slapped—I thought it was because the mother was strange to it and it had not got used to them and I wished her to take it and comfort it—I told her on one occasion that I was afraid that being away had won away her affections from the baby, and in mercy to her I think that was the cause of it—she said it was no such thing, it had not won away heraffections; it was very dirty—they threatened to punish me for interfering, but she was in a passion at the time and I did not take much notice of it—I told her I did not wish to interfere; 1 had a great regard for her at one time and I undertook to do for her children while she was away from them, as I thought striving to do what she could for the benefit of her family—she had been put to it very much at home through her husband being out of employment—the husband was generally out when I heard the slapping—I heard it slapped on the Saturday afternoon, after I had interfered on the Friday—the father was out then—the mother flogged it as if she was in a great passion with it because it would not go to sleep—I was on the staircase at the time—I heard the prisoner say she would make it go to sleep—I did not go into the room then—I accused her once of stifling its cries, and she said she merely threw a shirt over it that she was making—it sounded very much to that effect, not as if it was severely stifled, but it did not cry so plainly—on the Friday night when the man abused me, the neighbour next door wished me to take a policeman in, and I said I would have them watched for I knew they were not kind to it—on the Saturday afternoon after the mother had flogged it, I said I would fetch a policeman if they continued to ill-treat the child—she said she was not afraid of a policeman; she had done nothing to her child no more than she had to the other children—she said if the policeman did come she would put him and me down stairs—I heard the child slapped next day, Sunday, but nothing more than I have heard a baby slapped by other mothers if they have been cross—I went in on the occasion and found the mother and father both there, she was holding the baby over a pail to have a motion—there had been a great many words on the Saturday, and I went in and said I had no ill feeling, only the baby made me very unhappy, I did not wish them to suppose for a moment that I wished to
interfere—before I went in I was on the stair-case and I heard the father say, "Don't 1" when she was slapping it—the child was not crying when I went in—I asked them to let me have it a little while and the father said I should not—the mother said, "Yes, let her take it," and I took it, but he said I should not take it downstairs—I never saw the child put into water; I have heard it washed in water several times—I have heard it moaning very much, I thought it was from teething—I did not hear it slapped on those occasions—I heard her slap it very little after the Sunday—I do not think I have been in about the child above four times since the mother's return; I gave great offence by going in, and the mother was never friendly with me afterwards—I have given it something to eat—I went in on several occasions when she was gone out with the little boy to the hospital, for two or three hours together—it ate what I gave it—I never saw it fed.
Cross-examined by MR. ROBINSON. Q. I believe you have never seen the child ill-treated in any way? A. I have heard it—some of the slaps I heard were very violent, too violent for an infant—I thought they were slaps on the bare flesh—after the slaps the cries appeared to be stifled—I have not been constantly abusing them and calling them murderers—I did at the time the man came out and abused me—I did not one day, when I heard the child crying, go up to the door and call out, "You murderess, you will murder your child," nothing to that effect—I said to her on the Saturday after she had been beating it so severely, "You had better murder it, do not torture it"—that was the only time I said that to her—she told me that she treated the child as she did the other children—I never had any conversation with her afterwards—I lived in the house about eight months altogether—my sister-in-law, Mrs. Freeman, also lived in the house—the prisoner went as wet-nurse to Lady Frederick Fitzory—during that time she entrusted the baby to Mrs. Freeman—I did not hear any complaint that the child was not looking well while it was with Mrs. Freeman—it had a severe cold on one occasion—their room was a very small one—I heard that they had been in great destitution before she went to Lady Fitzroy's—she came back in September—in consequence of the child being ill, the prisoner took it away from Mrs. Freeman and lodged it at Notting-hill—I did not see it all the time it was—at Notting-hill—I heard it was getting on nicely there—there was a little contention between Mrs. Freeman and the father, he said she had not time to attend to the child sufficiently—after that I offered to take charge of the three children, not of the baby—I don't know that the prisoner said she would prefer having it at Notting-hill where it was improving—it looked a very nice baby; I nursed it the day it came home for nearly an hour—I never observed any peculiarity about the eyes—I have seen much finer children at the age, and many worse—I did not think it a very fat, fine child, but I thought it was through not having the milk from the mother—I never knew a fed child thrive so much as one fed from the breast—I left that house about a month after Michaelmas as near as I can judge—I have been away from the house three months now—I had seen nothing of the child, I think, for nine or ten weeks before its death—I did not know the prisoner took the child to Mr. Llewellyn—I knew it since—I was told, that she took it to Mr. Wood, a medical gentleman in the neighbourhood.
Q. Do you recollect going to a person of the name of Higginbottom shortly before you left the house, and asking her whether she had ever seen the child beaten?A, I went to a person that occupied the shop and parlour
opposite, but I don't know their name—I was told afterwards that Mrs. Higginbottom had told Mrs. Connor that 1 had been to her—I don't recollect on one occasion after I had complained of Mrs. Connor having slapped the child in that way, her stripping it before me and Mrs. Freeman and showing the body to show whether there were any marks—she did not show it to me, and not to anybody in the house that I know of—I don't know that she did to Mrs. Freeman—I never heard that she did—she has threatened to go before a magistrate and have me punished for annoying and insulting her—I believe on two occasions she threatened to do so, the man and woman too—she never did go before a magistrate—I never heard that the man was not kind to the children—on one or two occasions he has told me that he would not put up with my constant interference and annoyance, that he and his wife were doing their duty by the child—the child cried very much indeed—I did not see her after she had been to Mr. Wood.
COURT. Q. Did it suffer much from cutting its teeth? A. I do not know—I told the mother that I thought it suffered very much from cutting the teeth—it cried very much, and I thought it was the teeth, and I wished the mother to take and have its teeth lanced—I said I was sure something was amiss by its crying so.
MR. METCALFE. Q. Did the child improve after the mother came home or not, after it had been with Mrs. Freeman? A. It was away from Mrs. Freeman three months before the mother brought it home—it appeared in good health; it did not cry much then—it was away three months; when it came back, it appeared to be in pretty good health—shortly after it came back, it began to cry in the way I have described, and fell away very much.
HANNAH FREEMAN . I live at 11, King-street Walworth—I formerly lived at 12, Mint-street, Borough—I occupied the front room, first-floor, while the prisoner was there—I have heard the child cry, and slapped and shaken violently—they lived on the same floor as myself—I occupied the front room and they the back—this began about a fortnight after the mother came back—I remained there till October—it continued during the whole time I was there, five or six or seven or eight times a day—I spoke to the mother about it about three weeks after she came back; I asked her the reason the child cried so—she said it was very cross, she supposed it to be teething—I said, "Poor little thing, it must be suffering a very great deal to cry so"—that was after I had heard it slapped—I did not say anything to her at any time about the slapping and beating—on one occasion I heard the baby crying very much, and went to ascertain what was the reason—I found the child lying in bed, and the mother sitting at the foot of the bed at needle-work—I requested to have the child to take into my room, but she would not allow me—the child was lying on the bed, underneath the bed-clothes, covered right over—I have heard Mrs. Blott say to Mrs. Connor that she was ill-treating the child—she said on one occasion, she had better take a knife and cut the child's throat and put it out of its misery, for she was slow murdering it—the kitchen is under the first and second floors, three stairs down, under ground—when I have been in the kitchen, I could then hear the child moaning and crying, very plainly indeed—I have repeatedly heard it at night, and have got out of bed as many as five or six different times, in consequence of the child's crying and moaning, and from hearing it being slapped; and I also heard it fall on the floor two different times in the night—I do not know anything about its food—it had fallen away a very great deal when I left in October—it had a very melancholy look with it—it bad not as much flesh as it had before—I
have never seen any food given to it—I have not had any opportunities of seeing it—I have seldom entered Mrs. Connor's room—only on one occasion—I have heard them preparing their meals, but I never saw what they had—I have not seen food come into the house for them.
Cross-examined. Q. You were not before the Coroner? A. No; I have not been before the Magistrate—I gave my statement yesterday to the police—they came to me about it—when the child came back in September, it looked healthy, full of spirits, and a colour like a rose—I believe Mint-street is considered one of the closest streets in London—this was a very small room in which this man and his wife and four children lived—it was about three weeks or a month before the child began to look ill.
ANN GOOCH . I live at 12, Mint-street—I came to live there on 10th or 12th January last, I won't be certain which—I had not been there to live, before, but I had been to the house from the beginning of August—the child died in my arms either on 29th or 30th; I won't be certain—it was on a Wednesday—from the 10th or 12th, up to the 30th I remained in the house—I daresay I had been to the house eighteen months before that, in and out—I saw the child when it was about five weeks old—I saw it first with a Mrs. Bartlett, it was a healthy child at that time, then it went into Mrs. Freeman's hands—it was a healthy child then—it was still in Mint-street—I did not know of its going away to Notting-hill, till a couple, of days after it was gone—I saw it the day it came home from Notting-hill, in the mother's arms—it was a healthy child at that time; it appeared so, in the mother's arms—I was never in Mrs. Connor's room above twice before the child died—I certainly heard the child cry very much, and I have heard it slapped frequently, sometimes several times in the course of the day—the mother said it was teething and that caused it to be so cross, and it was a very dirty child—until three weeks before the death I had never spoken to the mother at all, and I was not in her room at all—on the Tuesday previous to the child's death I heard a neighbour say that it was very bad, and I went into Mrs. Connor's room to ask how the child was—I found it very ill indeed, and the mother said she had just put it in a bath—I did not take it into my room then—not till the Wednesday evening—and it died while I was nursing it—I put it into a bath at half-past 10 myself—I requested the mother to, fetch a doctor—she said it was not necessary, because the doctor said if there was any change in the child it should be put in the bath—it was convulsed afterwards, and very much convulsed while I was putting it in the bath—when it died I saw a very small bruise just on the face and on the forehead.
Cross-examined. Q. Those were very trifling bruises? A. Yes, they were—there was nothing on the body—I saw no bruises whatever on any other part—I had been in and out of the house during the three weeks before its death—I never saw the mother ill-use it in any way—I can't swear that the child had been ill for some time, because I was not acquainted with it till 10th January—I was not at the house at the time the mother took it to Mr. Wood—I heard of it—Mrs. Connor told me that Mr. Wood said that medicine was not the thing the child should have, that it was in a decline, and she said that Mr. Wood ordered the best new milk she could get—she said that Doctor Llewellyn told her if the child got at all worse she was to put it in a hot bath.
MARY WRIGHT . I live at 12, Mint-street—I am a married woman—I knew the baby that died—I had been in the house about fifteen weeks—I heard the child cry very much indeed for the first six weeks—I have not
seen it, but I have heard it slapped and beaten by the mother, when the father has been out, never when he was at home—I have heard the child cry very violently—I live in the kitchen and the prisoner lived at the top of the house, and I have heard the ships when I have been in the kitchen—I never saw anything about their food—I have said to Mrs. Connor, "What makes you beat the child?"—she said, "Because she won't be clean, she is a very unclean child"—I persuaded her not to beat it, because that would not break it of those habits—I have fed the child myself when Mrs. Freeman had it, not since, except about a fortnight and three days before it died—I took up a little piece of pudding for the children and I gave the baby a piece, and she ate it, and when she dropped a currant she picked it up and ate it.
Cross-examined. Q. Was the pudding your own making I A. Yes—It was a very nice one—that was on the third Sunday before the child died—she died on the Wednesday.—I have heard the mother beat the child, and I have seen her slap it on the back of its hands once—that was not the time I told her she should not slap it—it was when Mrs. Rlott called me up and begged me, for God's sake, to go upstairs—I have talked to Mrs. Blott a great many times about this matter—she has taken me on the stairs to listen, and once I went into the room and told her she was too young to be beaten—I did not see her beaten then—I asked her to go and see Dr. Wood—I can't say whether she went—she told me she had been to Dr. Wood—she did not tell me that he said the child was in a decline and did not require medicine—she told me the child was wasting away and it was no use giving it medicine, but she was to give it little powders—she told me Dr. Wood had said so—she never took the child to Mr. Llewellyn—I recollect Mr. Llewellyn attending her when one of the others was ill—I never saw any mark on the child—my sight is too bad—I have a cataract on one eye—I did not notice the child.
MR. ROBINSON to MRS. FREEMAN. Q. Do you recollect Mrs. Connor once showing you the child naked? A. Yes; she said that they bad been charging her with beating and ill-treating it, and she stripped it to show me to see whether there was any mark on it, and there was none only a small scratch on the leg—I have had no conversation with Mrs. Blott op. the subject—Mrs. Blott knew very well that the child was stripped, because she was in the room at the time—we were both in the room together.
MR. METCALFE. Q. When was that? A. In the beginning of October.
WILLIAM LLEWELLYN . I am a surgeon, at 71, Black man-street, Borough—I saw this child about three times before its death—it died on 30th January—I saw it first about four months and a fortnight before its death, shortly after its return to Notting-hill—I do not know exactly the time—it was in a very good state of health then—the prisoner brought it to me to examine to see whether there were any bruises on the child, for the neighbours had complained that the child had been ill-treated—I examined the child but could find no external marks of violence whatever—I did not give it some powder for teething at that time, but a few weeks after she brought it again, said it was very fractious, she thought it was teething, and I gave it a little soothing medicine, and, to the best of my belief, I lanced its gums, was to remove any state of irritation—the child was then in a very good state of health to all appearance—I saw it again the day it died; it was then very much emaciated, quite a skeleton—I saw that the child was dying. and it was useless to do anything—I made a post mortem examination—I found all the organs of the body perfectly healthy—I saw it a few hours before its death—my assistant saw it the day before—it was quite emaciated,
quite a skeleton—I found no evidence whatever of any disease—the stomach was very pallid and completely empty, except two or three spoonsful of mucus—the bowels also completely empty and contracted—I found no particle of food at all, and no feculent matter in the bowels—there was neither food nor the results of food in the bowels—I cannot judge whether there had been food within a recent time—I did not see any marks—the stomach was not eaten away—the stomach was healthy—the child could not have had food for some little time, but how long it is impossible for me to say—the cause of death was inanition from want of sufficient nourishment—I can come to no other conclusion, because there was no disease—all the fat was completely absorbed, there was not a particle—there was not much blood in the vessels, they were relaxed.
Q. Considering that the organs were healthy, can you judge from what cause it was that there was no fat and so little blood I A. If there was not sufficient nourishment the child must have fed on the fat of its own body, and it must consequently have become absorbed—that would be caused by want of nourishment certainly—there was a small bruise on the forehead, apparently recent, within a few days I should soy—that had nothing to do with the death.
Cross-examined. Q. Is it because you could find no ostensible cause of death, that you say it died from want of nourishment I A. That is so—there was no evidence of disease—I examined the brain—it was perfectly healthy—I examined the state of the teeth, and can say positively that teething was not the cause of death—teething does not induce children to reject food so entirely as that you would not find the slightest particle in the body—if it had rejected food for two days,' that would not have got rid of all the feculent matter from the body, not in that short space of time—the post mortem examination was made by direction of the Coroner—I never knew a case precisely like this—I have made many post mortem examinations—my assistant was with me at the time, and I also had the assistance of another surgeon, Mr. Randall—he is not here—he was not examined before the Coroner—he did not see her at all before death—my assistant is not here—I heard, after the child's death, that a gentleman of the name of Wood had seen it a fortnight previous—I believe Mr. Wood's assistant is here—my assistant saw the child a day previous to its death—he had not seen it before—he is a young man of twenty or twenty-two years of age, studying at Charing-cross Hospital—Mrs. Blott has been to me; she came once before the child's death—only once to the best of my recollection—that was a few months before the death—that did not induce me to go and see it; the child was brought to me—I don't recollect Mrs. Blott coming to me after the death; she may have done so—I know the neighbourhood of Mint-street very well—it has been a very unhealthy neighbourhood; it is better now—the air of Notting-hill is decidedly preferable to that of Mint-street—a removal from Notting-hill to Mint-street, would not be likely to have a beneficial influence on the child's health—I don't know that the transition would be so very violent.
CHRISTOPHER FISHER . I am assistant to Mr. Wood, a surgeon, of 22, Union-street, Borough—I saw the deceased child on one occasion when it was brought to the surgery about a fortnight before its death—it was very much emaciated and apparently sinking from mirasmius, which is synonymous with consumption, it is a wasting away of the body—whether that wasting away arose a rose from want of food or disease of the lungs or some other organ, I cannot tell—Mr. Wood never saw it.
Cross-examined. Q. Will that wasting away frequently occur without any ostensible cause? A. Yes, without any apparent cause—I have no doubt that the removal from the atmosphere of Notting-hill to Mint-street would have a very marked effect upon the child—I am not prepared exactly to say that it would produce the wasting away I speak of, not wholly perhaps—no doubt it would have a very marked effect, but I think not to that extent—I have known instances where a child, in teething has entirely refused food for a certain time—teething will produce irritability of stomach that may induce a child to throw up its food as soon as it had taken it.
COURT. Q. Might that go on with a child until it would die, as a result of that? A. No, I never knew an instance of it—I have never known an instance of this kind.
MR. METCALFE. Q. Where you find the stomach absolutely empty, without a particle of food or any fat, would you infer that that would arise from teething? A. No; teething might occasion a child to reject food for a time—I don't think it would do so to such an extent as to cause the stomach to be absolutely empty.
COURT. Q. Have you any experience to enable you to give a positive opinion upon that. A. No, I cannot take on myself to give a positive opinion—the change of atmosphere that has been spoken of might cause a child to fall off in its appetite—mirasmius is such a disorder as is sometimes called "atrophy,"—supposing the child to have died of mirasmius, the external appearance would have been such as Mr. Llewellyn has mentioned—I should expect to find disease in the intestines or stomach; I mean perforated intestine; it would be very evident—disease is very apparent in such cases—when I saw the child a fortnight before its death, it did not appear to be in want of food—if it had been perishing for want of food, I think it would have appeared to me on that examination.
The prisoner received an excellent character.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. ORRIDGE conducted the Prosecution.
JOHN SHORT . I am a carman, in the employ of the London and Brighton Railway Company—on Thursday 14th February, I was sent with a van to Linhani's in the Borough, for a load of butter and bacon—I got the load—among them were fifteen firkins of butter for Lord of Hastings—I went straight back from Liuham's to the station in Willow-walk—I put my van in the yard, and took my horses out—during that time I did not take away anything from the van—I did not go to the van again—next morning I was called upon to give an account of two firkins of butter that were lost—the birkins I had were chalked on the head, and branded with an "R."—I noticed them so as to be able to say what the marks were—they were numbered up to 40 something, but the numbers were not progressive—we don't in general take notice of the numbers and marks—I have seen the firkin of butter that has been found—this is it (produced)—that is one of the same sort that was lost—it is the one that was lost—I know it by the numbers—they in general call out the numbers to us—this is No. 41—a cask of butter marked 41 was given to me that 'night—I know that by the numbers they gave me on the sheet at Linham's—they call out the numbers as they put them in—that number was given to me on one of the casks.
Cross-examined by MR. LILLET. Q. What was the number on the other that was lost? A. 33; I am sure of that—I was told at the station that 41 and 33 were lost—the others are all marked progressive—I have not since examined all the firkins that were on the van—I have no knowledge of the numbers except from loading the casks into the van, the numbers were called out to me at that time—we generally notice that the goods are all marked alike when they go in—I do not know from my own knowledge or from my own examination that two are missing, only from what I have been told.
MR. ORRIDGE. Q. Did you not see the remainder of them in the van next morning? A, No; the check clerk did, he is here.
JURY. Q. Did you receive a delivery note from Messrs. Linham containing the amount, with the numbers and marks? A. Yes; and in loading them into the van I noticed the numbers.
COURT. Q. How do you know that the firkin produced is one of the fifteen that you put in your van that day? A. It resembles the marks on the others; of course anybody might take another firkin and mark it exactly the same—I am positive that is one of the casks—according to my conscience I can swear that that cask of butter was put into my van at Linham's that day—I can identify it by the marks—I cannot do more—I don't know that it contains butter—I have never seen the inside of it—I am positive in my own mind that it is one of the same that was delivered to me at Linham's—it is not our duty to stop till the van is unloaded, or to count the load—as soon as we get into the yard we have to leave again, and go away with other vans—the goods are counted by other officers of the station.
MR. ORRIDGE. Q. Did you see this firkin at Linham's? A. I did—there is no doubt about this having come from Linham's—I know that those casks were intended for Lord of Hastings—I saw the man at Linham's cheek the whole of the firkins.
ALFRED JEFFERY . I am receiving clerk at the Willow-walk station, Bermondsey, on the London and Brighton Railway—on the night of 14th February, from information I received I went to the van that was loaded with butter and bacon which had been brought in by the last witness—my way bill stated that there were fifteen firkins of butter for Lord of Hastings—I could only find thirteen—two were missing—this (produced) is the way bill—that is made out in the office by the invoice clerk, and then is sent down to me to see that the goods correspond with it—I counted the firkins of butter that were in the van—the two that were missing were 33 and 45—I could not find those numbers—I took the numbers of all the firkins that remained—the one now produced is numbered 41—No. 33 has never been found—with the exception of those two numbers, the numbers were all progressive.
Cross-examined. Q. Do you know anything at all about it except from the paper sent to you from the clerk? A. I took the number of each firkin, and examined them with the way bill—I am able to say the numbers were progressive from my examination.
JOSEH BURCH (Policeman, M 237). On Thursday night, 14th February, I was on duty in Grange-road, Bermondsey, about a quarter to 8—I there saw the prisoner carrying a firkin on his shoulder—I saw him turn out of Page's-walk into Grange-road—I thought something was wrong, and turned and followed him—Page's-walk leads from Willow-walk and Swan-street—the Willow-walk station is in Page's-walk—I followed the prisoner, and
just before I got up to him, he turned and saw me—he then threw down the firkin, and ran away—I distinctly saw his face—I was quite close to him when he had the firkin on his shoulder—I have not the slightest doubt about his being the man, I could pick him out of a thousand—it was close to the Pitt's Head public-house—there are three lamps outside there, besides the street lamp, and the lights from the windows—I ran about one hundred yards after him, and when I had got as I thought close enough to reach him, he dodged me round, and got away, but I saw his face again then—I next saw him on Saturday evening about 8 o'clock, in the Kent-road—I told him I wanted him for stealing the butter the other night—he made no answer—I took him to the station—he there gave the name of Daniel Hobden, Clarendon-street, Kent-street—he said he was a master carman, that he had got a bone and van of his own, and rented a stable in Paragon-mews, New Kent-road—I went to Paragon-mews—I did not find any stable or hone and cart belonging to the prisoner there—I saw the landlord—I went to Clarendon-street, and went to almost every house in the street, but could not hear the prisoner's name anywhere—he told me he did not know the number.
Cross-examined. Q. Where do you say Page's-walk leads from it? A. From Willow-walk and Swan-street—the station is in Willow-walk—I was in the Grange-road when I first saw the prisoner, about fifteen yards from him—the Pitt's Head is in the direction of Bermondsey New-road, towards Bermondsey Church—he threw down the firkin when he got to the Pitt's Head—I left the firkin there while I ran after the prisoner, and when I came back I found it there—it was where he had thrown it down—it was still lying in the road—I had never seen the prisoner before, to my knowledge—I do not know whether there is any one here from Clarendon-street—Inspector Mackenzie took the charge at the station.
COLIN MACKENZIE (Police-inspector, M). I was at the station when the prisoner was brought in—I received the charge—he denied the robbery—it is usual to ask the name and address of prisoners, and also their trade and occupation—I asked him his address, and he said St George's Newtown—I said, "What street?"—he said, "I don't know the street—I said, "Do you know the number?—he said, "No, I do not know the number"—I suggested Clarendon street to him, as the principal street in St George's New-town—he said, No, he did not know the name of the street at all; but he said there was a name on the door—I said, "Do you mean a sign-board?" there are a number of sign-boards there—he said, "Yes"—I did not believe his statement, and paid no further attention to it—after the case was disposed of at the police-court, I was passing through the gaolers room, and saw the gaoler taking down the prisoner's name and address in a book—the gaoler was called into the Court for a time, and asked me to remain in charge of the prisoner till he returned—I did so, and as soon as the gaoler had gone out, the prisoner commenced crying—I said to him, "It is no use crying, that will do you no good at all"—he said, "Why should I get into such trouble for other people?"—at this time a woman came into the room, and he said, "That woman knows the two men as well as I do, that committed this robbery"—another woman came in, and he said, "That woman knows them both as well as I do"—I was about to tell him that if be wished to make a confession, I would receive it, and at that time his solicitor, Mr. Edwin, came in, and I said, "There is your solicitor, you had better consult him"—I then left the room.
Cross-examined. Q. Have you stated all that passed? A. As far as I can recollect—the prisoner stated that he had not done it—I said that before, that he denied the robbery.
The prisoner received a good character.
GUILTY on the Second Count.— Confined Twelve Months.
Before Mr. Recorder.
285. SUSANNAH WOODROW(27) , Stealing 1 watch, value 12.l.; 1 chain, and 4l. in money, the property of Sarah Anyon; and 13 spoons, value 5l.; 1 clock, value 3l.; 1 pair of sugar-tongs; and 1 cruet-stand, value 5l.; the property of Sarah Anyon, and another, her mistresses.
MR. PATER conducted the Prosecution.
SARAH ANTON . I live at 4, Rockingham-row—the prisoner was my servant—she lived with me fifteen months and three weeks—I left my house on 10th February last, at a few minutes before 5 in the evening, in charge of the prisoner—there was no one in the house besides the prisoner—I told her not to let anyone into the house, and that I should be at home early—I returned from about half-past 9 to 10—the prisoner opened the door to me—she had her apron up to her eyes, and I asked her what was the matter—I asked her once or twice before she answered—she then said that a man had forced his way past her in the hall, and she could not keep him back—I asked her if they had taken anything—she said, "Yes; the clock"—I said, had they been up stairs?—she said she supposed so, as the drawers were open—I then sent my niece to a gentleman we had been with in the evening, and my sister and myself went into the parlour—the prisoner went with us with a light, and I then saw that they had taken the clock from the table, and a cruet-stand from the cheffonier—we then went upstairs—the drawers were shut, but they had been opened—I then missed my watch and chain, four sovereigns, and a purse that was in my room—I looked in all the drawers, but there was nothing missing—they had all been opened—I had left them locked—I said to her, when we ware in the parlour, that I did not believe a word she said; that she had better tell the truth, it would be better for her.
Cross-examined by MR. LANGFORD. Q. You sent for a gentleman? A. Yes; and he went for a policeman—ft was not done in a very short time—my house is in St. Mary's, Newington, the other side of the water at the Elephant and Castle—the prisoner told me she had gone to the Alfred's Head to get an orange—she said she had an unpleasant taste in her mouth, and went to the Alfred's Head to get an orange—I said she could have got an orange nearer than that, and she said she thought they were better at the Alfred's Head; that was all she said.
MR. PATER. Q. Is there an orange shop next door? A. Nearly opposite.
WILLIAM SWEENY (Policeman, 33 M). I was called into 8, Rockinghamrow, on 10th February, at a quarter-past 10 o'clock, and received the prisoner in charge; I told her what she was charged with, and she said she went out to buy an orange, and as she was coming back a man spoke to her, and wanted to get into conversation, and wanted to persuade her to let him come in—she said she would not let him come in, and he forced his way in—this conversation took place at the house—when I took her to the station she said there were two men spoke to her—she said she met two men, one of them spoke to her and got in conversation, while the other came into the house and committed the robbery—she said he went in about twenty minutes past 6, and went out about half-past 7, that she saw him come in and go out—there are many policeman about that neighbourhood stationed at the corner of the street—I am on duty there every evening—she said that the man's name who was in conversation with her was Jack.
Cross-examined by MR. LILLEY. Q. You say that there are policemen stationed at the corners of the street; it is a very wide street and a much frequented thoroughfare, is it not? Yes—I can't say exactly how far Rockingham-row is from the Rockingham public-house—it is eight doors from the turning called Poplar-row—when I took the prisoner into custody she did not seem to be a great deal affected—she took it very coolly from what I could see of it—she seemed to be dull—I might have asked her some questions concerning the robbery—I don't remember whether I did or not—I won't pledge myself that I did not—she was searched by the female searcher—nothing was found upon her—she said what I have stated, when we got to the station about 3 or 4 o'clock—I recollect her saying that the man kept her talking—I mentioned that to the Court.
MR. PATER. Q. Kept her talking while the other man went in? A. Yes; and remained from twenty minutes past 6 till half-past 7—nothing concerning the robbery was found on her—she had a gold chain on.
GEORGE HOLMES (Policeman, M 252.) About 9 o'clock on 10th February I saw the prisoner against the Alfred's Head, in conversation with the man who was charged with being concerned in the robbery—that was about 9 o'clock—the Alfred's Head is about 130 yards from the prosecutrix's house—it may be a little more—I am quite sure it was the prisoner.
Cross-examined. Q. To reach the Alfred's Head, she bad to cross Newington-causeway. A. Yes, from the corner by the Rockingham Arms, and this house is down the New Kent-road—there are plenty of people about.
The prisoner received a good character.
NOT GUILTY .
ADJOURNED TO MONDAY, APRIL 8, 1861.