CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 8TH, 1861.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTER WORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty
On the Queen's Commission of
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, April 8th, 1861, and following days.
BEFORE the Right Hon. WILLIAM CUBITT , Esq. M.P. Lord Mayor of the City of London; Sir Edward Vaughan Williams, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Thomas Challis, Esq; Thomas Sidney, Esq. M.P.; Sir Francis Graham Moon, Bart. F.S.A.; and Sir Robert Walter Carden, Knt., Aldermen of the said City; Russell Gurney, Esq. Q.C. Recorder of the said City; William Anderson Rose, Esq.; Warren Stormes Hale, Esq.; William Ferneley Allen, Esq.; John Joseph Mechi, Esq.; James Clarke Lawrence, Esq.; and Thomas Dakin, Esq., Aldermen of the said City; and Thomas Chambers, Esq. Q.C. Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
CUBITT, MAYOR. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment, denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 8th, 1861.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. CHALLIS; Sir FRANCIS GRAHAM MOON, Bart. Ald.; Mr. RECORDER; Mr. Ald HALE; MR. Ald. ALLEN; and Mr. Ald. DAKIN.
Before Mr. Recorder.
MESSRS. METCALFE and POLAND conducted the Prosecution.
PHILIP SMITH COX . I am a solicitor, carrying on business at 19, Coleman-street, City—I know the defendant—he called at my office about the middle of January last in reference to an action that had been brought against him by my firm—on that occasion he told me he had established in London a horse register which promised to be very successful, and from that he hoped to have money to pay the debt for which we had sued him—he said he would send me some of the registers to look at—he then left—he sent me three copies of his registers—this is one of them (produced)—he called on me again a few days after that—these registers were lying on my table by my side—I told him that I had received them, and it happened that a friend of mine had just come to town who was in immediate want of a pair of carriage horses—he asked me to give him the particulars of the kind of horses that he wanted, which I did—he made a note of it in a memorandum book, and said he thought he might be able to assist me—I don't think he said anything further at that time—I received a letter from him a day or two afterwards, dated 22d January—this is it (produced)—I forwarded that letter to Mr. Hackblock.
Cross-examined by MR. SERJEANT BALLANTINE (with MR. RIBTON). Q. Was the debt due to your firm, or to a client? A. A client—it was a dishonoured acceptance—I never saw the defendant before he called on me with reference to that, nor did I know anything of his circumstances—the amount he owed was 35l.—I do not know that that letter is in his handwriting; I never saw him write.
MR. METCALFE. Q. Did you receive from him a notice of insolvency? A. No. not personally; it was left at our office—I have not received the money
for the debt—I did not know anything about the insolvency until after the horses were bought.
JOHN HACKBLOCK . I live at 34, York-place, Portman-square, at present; I reside near Reigate—I received this letter, dated 22d January, from Mr. Cox—I did not receive it till the Thursday night—the appointment was made for Wednesday—that was too late for me to see the horses—I read the letter, and sent to make another appointment—I afterwards got an order to see the horses—the letter came by post—I went with that letter on the 28th, to Knightsbridge, to the Swan-yard—I had the piece of paper with me, which I showed at the stables, and I was shown a pair of carriage horses—I thought at the time that the man who showed me the horses was Smith, the proprietor, but it turned out afterwards to be the witness Smart—I thought they were horses that would suit me—when I left Knightsbridge I went to 22, Parliament-street, the address on the letter, to see the prisoner—he was not there—his clerk gave me, on the back of an envelope, his address at Warrington stables, Edge ware-road—I went there and saw the prisoner—that was the first time I had seen him—I inquired for him—he told me his name was Hunt—I said I had been to see a pair of horses at Knightsbridge—he immediately said, "Oh! Mr. Hackblock, I suppose?"—he asked me what I thought of the horses—I said I thought them likely to suit me, but I asked him if he could not get them for something less than 135l. he said not a shilling; he had done his utmost, and he could not get them for anything less, and he then said, "By heavens! if they were my horses, I would not take 180l. for them"—I rather hesitated, and he praised them very much, and spoke about his mode of doing business—he said he was entirely in the commission way, that he never bought or sold horses on his own account, and he said that he had bought and sold horses to the value of 6,000l. within the last month—I then said if he could not get them under 135l. I would give it, provided they would pass Mr. Field's examination satisfactorily—he then pressed me very much to forego the examination, and to take Smith's warranty—he called him the proprietor—I said I did not know what Smith's warranty might be worth; he was a stranger to me, and I should prefer Field's examination—he said, "Oh, he is a man of 20,000l., and if you take his warranty you will be able to return them if any thing turns out wrong, but if you take Field's examination it must be final"—I then said I would consider it, and let him know in the morning—that evening I took the advice of Mr. Cox, my friend, and he advised me to have Mr. Field's examination, and I wrote a note, which I sent the next morning—my coachman had the order to see the horses—I can't say whether I saw it or not—this is the note I sent to the prisoner (produced)—it is dated 29th January—I sent it on the morning of the 29th by post, I believe, and in consequence of that note the horses were sent to Mr. Field—I did not put it in the post—I saw it produced before the magistrate by the prisoner's counsel—I had no copy of it—I got a certificate from Mr. Field—on the afternoon of the 29th the prisoner called at my house in York-place to know the result—I had at that time received the certificate—this is it (produced)—the prisoner read it partly through, and said, "Oh, that is sufficient for me l"—(This was a certificate signed William Field, stating that he had examined two bay geldings, and was not aware of any unsoundness about them)—when the prisoner read the first part of it which said there was no unsoundness, he said, "That is sufficient; of course you will take them"—I said, "Well, I think I will," and I gave him the money—something was said about a mare—I asked him whether Smith would feel disposed to take a mare I had, what he would give me for it, whether he would take the mare for the 35l. and a
100l.—he said he could not tell—he went with me and saw the mare, and he then went off to Smith's, at Knightsbridge—he came back and said Smith would take the mare at 25l. if I would give 110l. and the mare for the horses—I refused—I said I considered the mare worth a great deal more money, and I would sooner give him the 135l. and keep the mare—I then paid him the money—I gave him 140l. in notes—this is the receipt that he gave me (produced)—he wrote it in my presence—I gave him a pen to write it with—I gave him 142l. (receipt read)"Received from John Hackblock Esq., 34, York-place, the sum of 135l., and 6l. 15s. commission on a pair of carriage horses, passed by Mr. Field, V.S.—V. D. Hunt"—I gave an additional 5s. for the groom—I paid him a 100l. note, two 20l. notes, and two sovereigns—they were Bank of England notes; I have the numbers—I got the notes from the City Bank, from a clerk named Allen—when the prisoner gave me this receipt, he said, "Don't send your coachman for the horses for half-an-hour, for I must first go and pay for them"—he went away and I sent in about half or three-quarters of an hour—I sent the written order he had given me for the horses—he left me a written order for them—I sent for them and got them—after I had had these horses some time, on 8th February, an accident happened, and in consequence of that, I wrote a letter on 9th February—I have no doubt this is the letter—(read: "Mr. Hackblock begs to inform Captain Hunt, that he is under the necessity of returning the carriage horses, in consequence of one of them not being quiet in harness. Mr. Hackblock wishes to know where they are to be sent"—after that I received by post this letter, dated 11th February.
JAMES GOODRICH ANDERSON . I am not doing anything at present—I was acting as clerk to Captain Hunt on 11th February—both these letters produced are in my handwriting—I really cannot say by whose direction I wrote them—I copied a letter of Captain Hunt's in his handwriting—I fancy Captain Hunt gave me that letter to copy, but I cannot swear to it—I wrote both the letters by Captain Hunt's direction—the first one I wrote from a copy of Captain Hunt's—I cannot remember who gave it me to copy; Captain Hunt was in the office at the time—I merely received the letter to copy, and I copied it—I don't know whether I received it from Captain Hunt, or either of his partners—I don't know what was done with the letters I copied—I returned them back into the office, and laid them on the table—I did not return them to anybody in particular—Captain Hunt Had three partners, Mr. Henry Eicke, called Captain Eicke, and Mr. Farquharson; he is not called Logan—I have told you three or four times, that I do not remember who gave me the letter to copy—this is one of our office headings—I do not know who posted it—I merely had the copying of the letters—I have copied letters written by the partners, and I have also written letters on my own account in answer to business letters—this other letter is dated February 11th—that is in my handwriting—that was done from a copy of Captain Hunt's—I do not remember who gave me the letter, or to whom I gave it; I took it into the office in the usual way—that is written on plain paper—it was the practice in the office to give out letters to me to be copied—that was frequently done by one of the partners, not always; sometimes the principals wrote letters themselves, and posted them—I do not think I spoke to Captain Hunt at all about this transaction at the time—I have spoken to him of it since, but I don't believe I saw him in the transaction—I never mentioned the transaction to him at the time I copied the letters—I have done so since—I did not say anything about the letters—I said nothing about having copied them—am I obliged to say what I did say to him?
COURT. Certainly. Witness. I merely, told him that I hoped he would get off, as I thought it was a very unjust prosecution—this order to see the horses is in my writing—I do not know who directed me to write that—I do not remember seeing it at all in the office—I used to issue a great many of them—I did not write any letters to Mr. Hackblock without Captain Hunt's authority—I am not quite certain that I can swear to that, but I think these were the only two letters I wrote to Mr. Hackblock; if Captain Hunt's authority was not given to me directly it was implied. THE RECORDER inquired whether notice had been given to produce the drafts from which the copies were made. MR. METCALFE stated that no such notice had been given, but submitted that the copies were admissible upon the assumption, that they were made by the direction of the prisoner. THE RECORDER was of opinion that the copies could not be received, the originals not only being the best evidence, but also being the only authority upon which the witness acted in making the copies.
MR. HACKBLOCK (re-examined). I took the letter with me when I went to Captain Hunt—I showed it to him—I had it in my hand—I said I had been to see the horses upon that letter—he saw it in my hand—I said I had been to see these horses, and he immediately said, "Oh, Mr. Hackblock."
JAMES GOODRICH ANDERSON (re-examined). This letter of 11th February I wrote from a copy of Captain Hunt's, but, as I said before, I cannot say whether I wrote it directly from Captain Hunt's authority, or from the authority of one of the partners—the letter was in Captain Hunt's writing, and I received it from somebody in the office, but I cannot say from whom—the copies were put together in a bundle each day with the letters to which they related—I think they were all sent up to Captain Hunt at his residence, but I am not quite certain.
MR. HACKBLOCK (re-examined). After 11th February, Mr. Smart called upon me, and next morning I went to the stables at Knightsbridge—I there saw an entry in a book—in consequence of that, I consulted my solicitor—at the time I paid the money I was not aware that 110l. only was to be paid to Mr. Smith for the two horses; I thought the prisoner was paying 135l—he told me he was going to pay 135l.—I was induced to pay the 135l. by the statement that he was to pay 135l. for them—I was induced to pay the 6l. 15s. additional, because he told me it was only a commission transaction, and that he never bought or sold on his own account—I certainly should not have paid the 135l. if I had supposed he was to pay only 110l.
Cross-examined by MR. SERJEANT BALLANTINE. Q. You are not a judge of horses yourself, are you? A. No; I think the height of these horses was fifteen hands three inches—I think not more—I think my coachman is a pretty good judge, but I did not depend upon him—he did not drive them before I completed the purchase—I swear that—he rode on the box with another party, somebody in Smith's employ-my coachman went out with that other party to see the horses go in harness—I was there myself; but I do not consider myself a judge—I think my coachman is here—I have not seen him, but I desired him to be here—I did not know of his going smith's stables to make any demand—I heard of it from a person at the Middlesex sessions, but not till then—I had the option of having either a warranty of Mr. Smith's or the examination by Mr. Field—I elected to have the examination by Mr. Field—I should not have purchased the horses but for the certificate of Mr. Field as to soundness—if he had said the horses were decidedly unsound, I should not have bought them.
WILLIAM SMART . I live at the Swan-yard, Knightsbridge—I am book-keeper to David Smith, a job master and horse-dealer—on 28th January, Mr. Hackblock and his servant brought an order to see some horses—this is the order—upon that I showed the pair of carriage-horses mentioned in the order—I had previous to that shown the horses to Captain Hunt, and he approved of them—he bought them himself, and said he would send his friend down to see them—he bought them on the 28th, before Mr. Hackblock came—he agreed to the price; they were to be 110l.—after Mr. Hackblock had seen the horses they were sent to Mr. Field's—the prisoner afterwards came, I think, the same day—he said the horses had passed, and he would pay the money—he paid me 110l.—he paid me with a 100l. note, and a 20l. note, which I got change for—I entered it in my book—I have my book here—I gave him a receipt (the receipt was called for and not produced)—to the best of my knowledge the receipt was for a pair of bay horses passed by Field for 110l.—I did not give any order for the delivery of the horses—the coachman took them away at once.
Cross-examined. Q. You were aware that the prisoner had started a register of horses, were you not? A. Not till I saw him—I learnt it from him—we did not make a very considerable difference in the price at which I sold the horses in consequence of selling them direct to him—we made a difference on account of wanting to get rid of them, because there was so much frost and snow on the ground—I asked 120l. or 125l. for them—we had asked 150l. for them before the snow came down—that had not been asked of Captain Hunt—they had earned us a good deal of money; between 30l. and 40l. on different jobs—I think we had given 55l. a piece for them, to use and sell again—they were not at all deteriorated by the use; they were rather improved than otherwise—we bought them separately, of two different men—they would become of more value from being worked together—after the sale had taken place the prosecutor's coachman came to me.
MR. METCALFE. Q. Had Captain Hunt been asked more than 125l. for the horses? A. No; he had not been asked 150l.—he made a great noise about it, and wanted to get them cheap—he did not beat me down from 150l. to 125l.—they were really good, horses—we have since had the option of taking them back—not at 90l.—I believe at the original price—they were not accepted—if Mr. Hackblock had sent them to us at once we would have taken them and been glad of them—they were offered back after Mr. Hackblock had used them for some time.
MR. SERJEANT BALLANTINE. Q. Did not the defendant see Mr. Cass on the subject of the horses? A. He might in my presence have seen him—I do not know that he had any communication with him on the subject of the horses, or with Mr. Smith—the transaction was concluded with me.
DAVID SMITH . I am the proprietor of the Swan-yard, Knightsbridge—I had two bay horses standing there, which were sold to Mr. Hackblock—I just saw Captain Hunt once about the horses, but I referred him to my foreman Smart—I had nothing to do with the transaction—I received 110l. from Smart—I think part of it was in a 100l. note—I am not aware that I ever mentioned 150l. to Captain Hunt—I never fixed the price at all—my foreman fixed the price.
Cross-examined. Q. Can you say that you never asked 150l? A. Never—I think 120l. was the largest sum asked.
MR. METCALFE. Q. Did you see the receipt? A. I did not—I received 110l.
EDWARD PITT . I let the prisoner some stables—I have the agreement here—he signed it—it is dated 21st January, 1861—the stables are Warring-ton stables—he agreed to pay me 200l. a year, 50l. to be paid in advance—that was not paid to me by the prisoner, but by a person of the name of Eicke—it was paid in notes—I think there was a 20l. note among it—I paid it with other money into my banker's—this note (produced) I received on 30th January, of the person whose name it bears, Henry Eicke, and it was paid into Sir Samuel Scott's, my bankers, on the 31st (In the agreement the prisoner was described as of 22, Parliament-street, horse-broker)—I under-stood the rent to be paid to me from Captain Hunt, although I did not receive it from him personally—I did not know anything of any partner.
THE RECORDER. I am of opinion that the evidence does not support the indictment. According to the prosecutor's evidence he was induced to part with the money upon the prisoner's statement that lie was to pay 135l. for the horses, and no such averment is contained in the indictment.
MR. METCALFE. I submit if the false pretences are not strictly made out, the defendant may, under the present form of indictment, be convicted of larceny of the 25l., he being bailee of that sum for the purpose of handing it over to Mr. Smith, the owner of the horses.
THE RECORDER. I do not well see how there can be any bailment when there is fraud.
MR. METCALFE. If a person induces another by a fraudulent statement to entrust him with property to carry to a third person, he is not the less a bailee, because he may be punishable for that fraud; he cannot take advantage of his own fraud, as in the case of a fraudulent contract, the contract is good as against the party himself. The defendant receives the 25l. expressly to carry to Mr. Smith for the horses, and instead of doing that he pays his rent with it; surely that is a bailment within the meaning of 7 and 8 George IV.
MR. SERJEANT BALLANTINE. To constitute a bailment there must be a contract or agreement between two assenting parties, by which one delivers over to a bailee, and the other accepts from him; for whom is the prisoner bailee here, for the vendor or the purchaser? certainly not for the purchaser, for supposing the case for the prosecution to be correct, there was no intention on the part of the purchaser to hand over the 25l. for any specific purpose whatever, either for retention or otherwise; he hands it over upon an impression that it is to be paid away and got rid of, never to be returned to him or subject to his direction afterwards; nor can it be contended that lie was bailee for the vendor (THE RECORDER: No) then that is all the answer that need be given.
THE RECORDER. Upon the whole I do not think this can be construed to be a bailment; it is clearly not the kind of case to which the Act of Parliament was intended to be applied, and unless it came within the spirit of it, I should not feel disposed at all to strain the law to meet the case; therefore, in point of law, the case is not made out.
NOT GUILTY .
MR. METCALFE offered no evidence on this indictment.
NOT GUILTY .
PLEADED GUILTY .
MR. LEWIS conducted the Prosecution.
ROBERT FREEMAN . I am secretary to the Royal Benevolent Medical College, at Epsom—we have an office in Soho-square—the prisoner was assistant-secretary and London collector—it was his duty to collect subscriptions in London—I furnished him with a book for that purpose, signed by Mr. Probert, the treasurer, in blank—the prisoner would countersign it on receiving the money—there are also country local agents who have another class of receipt-books which are not usually signed by Mr. Probert—the prisoner had no right to use the country receipt-books in collecting the London subscriptions—it was his duty to pay over the subscriptions to me—I have here a receipt given to a Mr. Messer—I believe the name "John Probert" to this receipt to be in the prisoner's handwriting—it is written on a country form—I should give out the country forms—I did not give out any to the prisoner—there was no other person besides the prisoner who would have any right to apply for the London subscriptions—he has not paid over that money to me.
The prisoner here stated that he desired to plead guilty to the charge, upon which statement the Jury found a verdict of
MR. FREEMAN stated that the prisoner's deficiency amounted to about 180l.
Three Years' Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined One Year.
PLEADED GUILTY.—Recommended to mercy by the prosecutors.
Confined Six Months.
293. JAMES RICHARDSON (23), was indicted for wilful and corrupt perjury, committed by him upon the trial of William Henry Richardson, at the Middlesex Sessions, before William Henry Bodkin, Esq. and others; to which he
PLEADED GUILTY.—He received a good character.
Confined Twelve Months.
MR. GIFFARD conducted the Prosecution.
JAMES YEOMANS . I am a gun manufacturer, and have a factory at 3, Union-row, Tower-hill—the prisoner was an under worker for us, in the employment of a man of the name of Clode—on Wednesday, 28th January last, I missed twelve musketoon barrels and a quantity of other brass that
had been stripped from different finished guns—at that time the prisoner was at work in my factory—in consequence of some information I received from Messrs. Devey and Vale, brass-founders, in Shoe-lane, I went to their premises—I there saw two barrels and identified them as part of the number I had missed on the 28th—in consequence of something I heard from them I went to a person named Shea, and Shea and myself went to one of my factories, where the prisoner, together with other men, were waiting to receive their work, and he identified the prisoner as the lad that had sold him the barrel—I called the prisoner into the counting-house and taxed him with it—he at first denied it, but afterwards admitted it—he said he had been led into it by another man of the name of Harvey—the value of the two barrels is about 12l.
Cross-examined by MR. COOPER. Q. I believe he said that Harvey had given them to him to sell. A. Yes; and he had been led to do it, believing it was right—there was such a man in our employ; he is gone now—he is now in the workhouse—he is not here; he was at the Mansion-house, but was discharged—the prisoner at first denied it, but afterwards admitted that he did steal them, or rather, that he was led into it by Harvey, to sell the barrels—he did not say, "thinking it was all right"—I suppose he meant that.
MR. GIFFARD. Q. Tell us what he said. A. In the first place, Shea asked him if he was not the lad who had brought him the barrels—he said, "I did not; I did not sell the barrels"—Shea then said, "You certainly are the lad that sold them to me," and called his foreman to identify him too—the foreman also identified him—and on hearing that, the prisoner said, "I did sell the barrels, but I was led into it by a person of the name of Harvey"—that was all that passed as far as I recollect.
COURT. Q. Who is Harvey? A. He was a man in the same employ—an under worker, the same as the prisoner—I think Harvey is about twenty-three or twenty-four years of age—the prisoner is about nineteen.
JOSEPH SHEA . I am a marine store dealer, at 51, Great Ailie-street, Goodman's-fields—I bought these two brass musketoons of the prisoner, one on 18th January, and the other on the 24th—the first one was purchased by my foreman—I paid him ten shillings for the one I purchased—I asked him where he brought it from—he said, he was sent with it by his master, and brought a note; this is it (read)"January 23d, 1861—Sir,—The bearer has with him the barrel of a blunderbuss which does belong to me, but as it is perfectly useless I give him my sanction to sell it, as he has many times before, for old metal You may trust him, as he has been employed by me three years.—S. J. Harrison, 29, Chamber's-street"—on reading that note I purchased it, and paid him the money.
Cross-examined. Q. Are you quite sure he is the man? A. Yes, quite positive—I think he came somewhere about six or seven o'clock in the evening—he brought it openly.
The Prisoner's statement before the Magistrate was here read, as follows:—About the beginning of last month I went upstairs to go to work; I saw Daniel Harvey outside the door with one of the barrels in his hand. I asked him what he was going to do with it; he told me to mind my own business, and told me not to say anything about it, as he had bought it at half-price. I met him again in the evening and he brought the barrel with him; he said he would give me two or three shillings to sell it. I asked him if it was his own; he said "Yes," and if I said anything about it he would put a knife into me. Mr. Shea bought the first, and the last one I took he
refused, and I brought it out again to Harvey, and he told me to take it home with me—I would not, and left it in his care—he came two or three days afterwards and brought a note with him and told me to take that in, and that would do, and if they asked me where I brought it from, to say it was my master's.
The prisoner received a good character.
GUILTY of receiving. — Confined Twelve Months.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY.— Judgment Respited.
PLEADED GUILTY .— Confined Twelve Months.
298. WILLIAM WHITE (21) , Burglary in the dwelling-house of Elizabeth Poindestre, and stealing therein a writing-case, a jewel-box, 5 pairs of boots, and other articles, the property of Helen Gresham.
MR. COOKE conducted the Prosecution.
JOHN RADFORD (Police-sergeant, D 12.) On Saturday, 12th March, about twenty minutes past 6, I was on duty in Wellington-street, Strand, and saw the prisoner there, with a bundle at his back—I followed him into White-Hart-street, and asked what he had there—he said, "Some desks"—I asked where he got them from—he said he picked them up in the Strand—I then took him into custody—I looked in one of the desks and found an envelope there, directed to 14, Craven-street—I went down there and found the property had been stolen from there—I saw Mrs. Gresham, and took her to the police-station, where she identified the property—the prisoner was present.
HELEN GRESHAM . I lived in Craven-street, Strand, at the time of the robbery, with my mother, who occupied the drawing-room floor—on the night of 12th March, I heard a noise—I got up and went into the drawing-room—I saw that the table-cover was gone from the table, and a box, and two writing-desks, and three pairs of boots were also gone—I then aroused the inmates of the house—as soon as I had done that, I heard the hall-door shut down stairs—it had struck a quarter-past 6 by the Westminster clock about three minutes after the man had left the house—I went down to the door, and soon after the policeman came to the house—he gave me information, and I went to the station and saw the property there—the prisoner was there at the time—this desk is my property (produced)—there were also two pairs of the boots belonging to me, which were returned by order of the magistrate—all this property belongs to me or my sister, Kathleen—the clock had struck 6 just before I heard the noise—the noise was the door creaking on the hinge—that was the first sound I heard—it was about five minutes past 6 then—I did not see how the man had come in—he must have entered with a skeleton-key; there was no breakage, the door was left on the latch—the first noise I heard was the creaking of the drawing-room door.
Cross-examined by MR. GANSDELL. Q. Had not you heard any noise before that? A. Yes; very trifling, such as a dog might make running
about in the passage—we kept a dog—I heard no one come in—the creaking of the drawing-room door was from some one going out—that was on the first floor—I am quite certain the street door was closed; I closed it myself—we did not generally leave it on the latch all night long, but we did then—I am quite certain I closed it.
MR. COOKE. Q. Is the house yours? A. No; my mother's, Elizabeth Poindestre.
GUILTY .†— Confined Eighteen Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
NEW COURT.—Monday, April 8th, 1861.
PRESENT—Mr. Ald. CHALLIS; Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. DAKIN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
303. CHARLES HENRY RAYNER (28), was indicted (with JAMES OWEN ROBINSON (35), who had pleaded guilty last Session, for feloniously receiving 26 boots, 4 shoes, and 34 uppers, the property of Cyrus Clark, and others, knowing them to have been stolen.
MR. KEMP, for the Prosecution, stated that Rayner would withdraw his plea, which having been done in the hearing of the Jury, they found a verdict of
He received a good character.— Confined Fifteen Months.
ROBINSON— Confined Twelve Months.
304. ALEXANDER BRYANT (23), was indicted for stealing 1 warrant for the delivery of 3 pipes of wine, value 150l., and within six months 2 warrants, each for the delivery of two casks of wine, of Alfred Lamb, his master; also, stealing 3 warrants, each for the delivery of a puncheon of rum, and 3 warrants, each for the delivery of a hogshead of wine, and within three months, 1 warrant for the delivery of one pipe of wine, and 2 warrants, each for the delivery of a hogshead of brandy; also, 200 bottles, 100 bottles of wine, 50 bottles of brandy, 20 bottles of spirit, and 30 bottles of rum, of his said master; to all which he
PLEADED GUILTY .— Four Years' Penal Servitude.
(There were other indictments against the prisoner.)
OLD COURT.—Tuesday, April 9th, 1861.
PRESENT—Mr. RECORDER; Mr. Ald. ROSE; Mr. Ald. ALLEN; and Mr. Ald. DAKIN.
Before Mr. Recorder.
305. WILLIAM RANDER (70) , Embezzling and stealing the sums of 30l., 10l., 9l. 12s. 6d.; also, 24l., 12l., and 12l.; also, 25l. 5s., 14l. 10s. and 5l. 12s., received on account of Josiah Harvey, his master; to all of which he
PLEADED GUILTY .— Confined Twelve Months.
MR. GIFFARD conducted the Prosecution.
HENRY ROGERS . I am a clerk in the London and Westminster Bank, Lothbury Branch—Mr. Matvieff keeps an account at that branch—on Monday, 11th of March, this bill of exchange was presented and paid—it was after 11 o'clock—I have no recollection of the person to whom I paid it—I paid it in gold by the special request of the person who presented it.
CONSTANTINE POST FORRESTER SOLADORMSEOFF MATVIEFF . The acceptance on this bill is not mine, nor was it written by my authority—the prisoner was in my service about three years—he left in the preceding June—before 11th March last, he was a usual commercial clerk—in that capacity he has had opportunities of seeing my signature to various documents, bills of exchange among others—he has been employed regularly by me to fetch my pass-book from the bank—this signature "C. Matvieff" is like my handwriting—it is a very good resemblance.
Prisoner. Q. About what time did you grant a procuration in favour of Mr. Sergius Umnoff? A. About 4th of February last—that was for him to draw cheques on the London and Westminster Bank—I withdrew that procuration on 19th of March—I do not remember whether on giving the procuration I stated that I was about leaving England, I dare say I did.
MR. GIFFARD. Q. Was the authority to Mr. Umnoff to accept for you by procuration? A. Yes; to sign his own name by procuration for me—I know his handwriting thoroughly—this does not bear the slightest similarity to his handwriting.
COURT. Q. Did you ever give him authority to sign your name? A. Never or anybody else.
Prisoner. Q. I believe you stated before the Alderman that I was perfectly acquainted with the mode in which you usually accepted bills, and you also stated that you had never accepted a bill from London at seven days' sight, during the three years I was in your service? A. I believe I never have; the words of an acceptance across a bill were always in my handwriting; never in yours.
MR. GIFFARD. Q. Look at the words" accepted payable at the London and Westminster Bank; "there, does that bear any resemblance to your writing? A. Not the slightest—it is only the signature I think is imitated.
HENRY SMITH . I am pass-book keeper at the London and Westminster Bank, Lothbury—I had only been about a week on that duty—on Thursday, 14th March, a boy made an application to me for a pass-book—I did not give it to him—some short time after the boy had left, a man called for Mr. Matvieff's pass-book—I pointed that man out to Mr. Haynes.—I have no
remembrance of the man myself—I did not give him the pass-book—I noticed that the man had whiskers on—if a bill of Mr. Matvieff had been paid on the previous Monday, it would have been in the pass-book on the Thursday following.
Prisoner. Q. You stated before the Alderman that you asked the boy where he came from. A. I asked him who sent him, and he said a man in the passage—that was the reason I did not give him the book—I sent him out to fetch the man in—your height corresponds with that of the man that I saw, but I do not swear to your features.
ALFRED HAYNES . I am a pass-book keeper in the London and Westminster Bank—on Thursday, the 14th, my attention was called to a boy having called for Mr. Matvieff's pass-book—I saw that boy—Mr. Smith afterwards called my attention to a man; it was the prisoner—I knew him as having come from Mr. Matvieff for some time—I was not aware that he was not then in Mr. Matvieffs service—I had many times given him Mr. Matvieff's pass-book—I did not do so on this occasion—Mr. Smith was in attendance at the counter, and in consequence of what Mr. Smith said to me, I told him not to give the book up without an order.
Prisoner. Q. When the boy applied for the book, what answer was returned to him? A. I cannot tell—I did not speak to the boy—I saw the boy—I was not attending to the counter that day—Mr. Smith was—he applied to me and I told him to refuse the book without an order.
COURT. Q. Did the man wear whiskers then? A. He did.
JOHN HUNT . I am a ship-broker and-custom house agent—I have known the prisoner almost from his infancy—it was in consequence of my recommendation that Mr. Matvieff took him—I have very often had opportunities of seeing him write—I have seen this bill of exchange before—in my judgment, the acceptance "accepted payable in the London and Westminster Bank, London, February, 1861" is in the handwriting of the prisoner—I don't speak to the signature—I know the prisoner has great skill with the pen—his brother has told me so and I have seen it.
Prisoner. Q. You have seen the signature of Mr. Matvieff on the forged bill? A. Yes; it is a very capital imitation of Mr. Matvieff's signature—if I had received it in the regular course of business, I should probably have received it from yourself; and then certainly I should have concluded it to be Mr. Matvieff's signature, as I never received any documents of Mr. Matvieff except from him or yourself, I should never have suspected anything was wrong.
JURY. Q. Should you have doubted the signature if it had been presented by a stranger? A. Well, I can hardly say that I should.
COURT. Q. If there was nothing to attract your attention to the circumstances under which it came to you, you would have acted on it? A. I should, although it was very unlikely such a thing should occur.
CHARLES BUTCHER . I am clerk to Messrs. Fenning's—I have had opportunities of seeing the prisoner write—he and I used to write side by side at the same desk at times—I have often seen him write—I have formed a judgment that this acceptance is in the prisoners handwriting—he was in Messrs. Fenning's service—to the best of my belief he was in actual employment in the week in which the 11th March would be—I cannot call to mind what days he was there—I remember Saturday, 16th March—during the week ending that day, he was away ill—I won't say the whole of the week—he came on Saturday, the 16th, and had not been there before that week to the best of my knowledge—when he left and staid away from illness he had
whiskers on, and when he returned he had not—I said to him" Hallo, you have had your whiskers and beard shaved off"—he said, "Yes, I have had to rub an embrocating in."
MICHAEL HAYDON . I am an officer of the City—in consequence of some information I received, I took the prisoner into custody on 20th March, about 9 o'clock in the morning—I searched him and found this pocket-book (produced)—on the fly leaf there is the word "accepted" by itself—I told him what he was charged with, and he said he was quite innocent, and knew nothing about it.
Prisoner. Q. Did you not the evening before my arrest call at my house, and did not my wife tell you I was not at home, but you could see me between half-past 8 and 9 the next morning. A. Yes—I did not go to your wife on the 20th, after you were arrested, and state that I had been given to understand that part of the money was at home—I searched the place—I found you living in one room—I did not find any money—I asked your wife if you frequented any public-house, and she informed me that you went to the "White Horse," London-wall.
JOSEPH PALMER . I am a clerk in the employment of Messrs. Fenning—I have had frequent opportunities of seeing the prisoner's handwriting—I believe the word "accepted" on this bill to be the prisoner's handwriting, and the word "accepted" in the pocket-book I believe to be his writing also. (The bill was put in and read).
The prisoner, in a very long address to the Jury, after declaring his innocence, commented often upon various portions of the evidence which, he contended did not establish his identity as the person applying for the pass-book, or satisfactorily prove that the acceptance to the bill was in his writing; the word "accepted" in the pocket-book he accounted for by stating that he was about to enter the particulars of some racing bet which he had made, and which entry, upon reflection, he thought he had better not complete.
The prisoner received a good character.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
EMMA. HUDSON . I am the wife of George Hudson—we keep a confectioner's shop at 44, Goswell-Street—on 21st March I paid the prisoner 3l., and he at that time gave me this receipt for it—he wrote it at the time—(This was a bill containing various items to Smith and Co., 5, Fell-street, Wood-street, London; and at the foot was "Received on account 3l., George Brown."
Cross-examined by MR. RIBTON. Q. Did you give an order for any goods that day, do you recollect? A. I did—he did not ask me to pay anything on the old account—he asked me for some money—I laid 3l. on the counter—I left the shop, and fetched the bill—I had not put the money on the counter before I left the shop—when he asked me for the money, I hesitated, and he said, "Will you give me a sovereign or two?"—I said, "I would rather not pay it to a stranger"—I then left the shop—I did not tell him what I was going for; I don't know that he knew—I did not remain out of the shop more than two minutes—I said nothing when I came back—I did not say I had 3l. for him—I put the pen into his hand, and I laid three sovereigns on the counter—there was no one else in the shop—I remember seeing him make an entry of it in his book—I went out of the shop and looked for one of my husband's business cards, but I could not find one—in doing so, I left the shop twice—the second time was after I put the money down, I
believe, but I am not certain—I was a few minutes looking for my husband's card—I should think the prisoner was in the shop twenty minutes—there might have been a child come in while he was there, but no other customer—when I laid the money down he took the pen and wrote his name, and put the receipt, and then he took the money up immediately afterwards—I do not know any other person of our name in the trade about the neighbourhood.
GEORGE MILLER . I am cashier to Mr. Samuel Smith—the prisoner was in our employ as collecting clerk—his duty was to receive the various sums that were paid him on his rounds, and to pay them to me either that night or the following morning—on Friday morning, 22d March, he did not hand me any account of what he had collected—I asked him if he had any cash for me—he said, "I have not a farthing; only my expenses"—he did not tell me what the charge was for expenses that morning—on Saturday morning he handed in this account to me—that was the manner in which it was usual for him to hand in the account—this "Thursday, 3s." at the bottom is the expenses of the Thursday's round—"gold" means what he had received in gold, and "silver" what he had received in silver—I don't remember asking him anything further on his handing this in to me.
Cross-examined. Q. Do you know he was out collecting money on the Thursday? A. Yes—he did not pay me the result of his collection—he told me he had collected none—he always accounted with me regularly, no one else—he was out collecting on Friday—I don't think he paid me any money on the Friday—I am quite sure of that—I was not examined before the Magistrate—he paid no money to me on the Friday; of course I can't say what he did to other persons—I have no book here—I always enter it in my cash-book—the cash-book is not here—he paid me on Saturday the result of Friday's collection; at about 9 or half-past—I cannot tell you what he paid me on the Saturday morning—that paper represents the amount—he gave it to me on the Saturday morning—it makes 4l., 19s. 6d. and 3s. expenses for Thursday—if he came home late he did not account till the next morning—I can't say whether Mr. Smith ever received cash from him; it was not in his department—I know the names of most of the customers—Mrs. Hudson would be almost one of the first houses he would call at on the Islington round—on Friday he collected Croydon way—we have no customer named Hudson on that round.
SAMUEL SMITH . I am a confectioner, carrying on business at 5, Fell-street, Wood-street—I have a partner—the prisoner was in my employment as a collector—on Saturday afternoon, 23d March, I sent for him into my room, and asked him whether he had received any money on Thursday that he bad not accounted for—he said he had not—I said very pointedly, "Are you quite sure of that?"—he said he was—I asked if he had not received any money from Mrs. Hudson on the Thursday—he said he had not—I asked him again if he was sure of that—he said he was quite sure that he had not—he said he had paid in all the money he had received—I then told him it was known that he had received this money, and that we had a policeman waiting in case it was as we feared—he then said if he had received it, it was in a book that he had in his pocket, which he threw down on my table—this is it (produced)—he then said he had got into the company of a bad woman on the Thursday night, and had spent the money, and it had been preying on his mind—he made a long rambling statement or confession; I can't recollect every word—he said it had been preying on his mind ever since he lost the money, and he did not know what to do—he was then given into custody—
he took 8s. out of his pocket, and said he knew it did not belong to him, and I had better take it.
Cross-examined. Q. Was not what he said, that he had lost the money, and he did not know how? A. No—he told me distinctly, he had got into the company of a bad woman, and had lost the money with her—we have no other customer named Hudson on the Islington round except the witness—I do not think there was any person of that name on the round he went on Friday, the Croydon round—I should not like tar swear it; there might be—he might have had fifty places to call at on the Friday—on the Saturday he collected near home, round town—he paid in "24l. and 4l. 19s. 6d. on the Saturday—the 24l. was the Saturday morning's collection, and 4l. 19s. 6d. was the Friday's collection—I do not know that two sovereigns were found in a coat of his at his house after his apprehension—I heard so from his father-in-law—I don't know what coat he was wearing on the Saturday—he had been in my service three weeks the day before I gave him into custody I had received a good character with him—he was paid his salary regularly every Saturday—this was near the end of the quarter, so that the accounts he was receiving were very light; he would have had much more to receive had it been earlier in the quarter.
JOHN JOHNSON (City policeman, 134). I took the prisoner into custody on Saturday, 23d March—I found on him 8s. 11d. in money, and a book he was charged with embezzling 3I.—the charge was entered and read over to him; and he said; "It is so, I admit it"
Cross-examined. Q. He admitted receiving it? A. I understood him so—I know nothing about 2l. being found in a coat pocket.
MR. RIBTON called
THOMAS PICKERING . I am the prisoner's father-in-law—I recollect the Saturday he was taken into custody—I called at his house about half-past 9 that evening—on Sunday morning, his wife returned from seeing him at the station about 1 o'clock—she went and fetched down a great coat, and I saw her take out of the right-hand pocket two sovereigns wrapped up in paper—she handed it over to me, and I took them out of the paper—the prisoner has three children.
The prisoner received a good character.
GUILTY—Recommended to mercy by the Prosecutor and Jury.
Confined Nine Months.
308. WILLIAM GILBERT (25) Stealing, on 3d April, 7 pieces of alpaca; on 10th April, 10 pieces of alpaca; and on 16th April, 9 pieces of alpaca; also, on 26th July, 12 pieces of alpaca; on 7th August, 15 pieces of alpaca, and on 21st September, 9 pieces of alpaca; also, on 7th October, 7 pieces of alpaca; on 3d February, 14 pieces of alpaca; and on 5th April, 8 pieces of alpaca, and other goods, the property of James Carlton and others, his masters; also embezzling the sums of 3l. 5s., 3l., 1s., and 2l. 19s.; also 2l. 18s. 5d., 3l. 10s., and 2l., 6s., 8d., received on account of his said masters; to all which he
PLEADED GUILTY .— Five Tears' Penal Servitude.
The Prosecutor stated that his losses amounted to about 500l.
JOHN BRADFORD— PLEADED GUILTY .— Four years' Penal Servitude.
JAMES BRADFORD— PLEADED GUILTY .— Confined One Month, and Three Years at the Reformatory at Redhill. The prosecutor
stated that the prisoners were father and son, and that the elder prisoner, who had been thirteen years employed by him, had induced the younger one to assist in the robbery.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
312. RICHARD EDWARDS (20), and THOMAS LITTLE (17) , Burglariously breaking and entering the dwelling-house of William Jones Williams, and stealing 24 knives, 24 forks, and other goods, value 8l., the property of Henry Vaughan.
MR. BEST conducted the Prosecution.
WILLIAM JONES WILLIAMS . I am a grocer, of 17, Angel-terrace, Peter-street, Islington—I live there, and my business is in the City—On Friday night, 22d February, I went to bed between 11 and 12 o'clock—I am not positive that I was the last person up—when I went to bed, the doors and windows were all right—I can't say that I noticed the kitchen window, it was usually fastened at night—in the course of the night, I was aroused by Mr. Harrison, a gentleman who was staying with me, who was sleeping in the back parlour—I came downstairs and found a candle alight on the kitchen table, the drawers open, the papers taken out, and everything strewed about—in the breakfast room, in the front of the house, there were three different desks broken open, the papers taken out and strewed about, and some other little things—there happened to be no money in the place—I then went up into the parlour the key was taken from one side of the cupboard to open the other side—it will open both sides—the electro plate was taken away from there—in the kitchen I found these knives, which had been taken from a shelf in the pantry—a piece of ham was gone, also some tea, some cheese, and a pair of boots—after searching the parlour, I examined the kitchen window—I found it open—it appeared to have been cut with a diamond from the outside, then a knife inserted and the catch pushed back—the window could then be opened, and the thieves could get in—a portion of the property produced is mine—it was all in my house and under my care on the night in question.
JOHN HENRY HARRISON . I was staying at Mr. Williams' house on the night of 22d February last—I occupied the back parlour—I went to bed about half-past 11, I think, before Mr. Williams—about half-past 3 in the morning, I heard some one moving about in the house—I did not get out of bed then—the noise continued, and then I got out of bed and listened—I heard a noise downstairs—I looked out of window, and saw three men outside the window—there are a few steps leading out of the back kitchen up into the garden—they were just at the top of the steps just under my window, within the premises—I directly rang my bell, opened my door, and gave an alarm—I saw no more of the men—I suppose they bolted directly—I looked out of the window again, and saw a parcel on the wall—I went out and fetched it in, and it contained these knives and forks.
I was on duty in St. Peter-street, about a hundred yards from Mr. Williams's house—I heard a noise at the back of Angel-terrace—I immediately went round to the gateway, which is the only entrance to the backs of the houses—there I saw the two prisoners and another making their escape—I collared Edwards at the time, and Little is one of the two that ran away—I can swear that—I sprang my rattle and got the assistance of another constable, and he found a portion of the property—I saw a portion of it lying inside (be gate where it was found—it was about five or six feet from the gate where the prisoners got over, between that and the back of the house—I took Edwards back with me and saw this portion of the property, and this bottle of pickles lying inside the gate.
COURT. Q. Did you know Little before by sight? A. Yes—I have seen the prisoners several times in company.
HENRY NIXON (Policeman, N 379). On the morning of 23d February last, in consequence of hearing a rattle sprung, I went to the back of Angel-terrace—I there found Bush with Edwards in custody—I got over the gate, and about three yards from it I found this bottle of pickles and three-quarters of a pound of tea—I went down the back gardens for about twenty gardens before I got to Mr. Williams', and in the next garden I found a bundle, containing a pair of boots and a piece of ham—I showed them to Mr. Williams.
THOMAS WATERS (Policeman, N 56). From information I received, I apprehended Little at 11 o'clock on the morning of 23d February in the Bagniggewells-road, close to the police-station—I was in plain clothes—I told him I was a police-constable, and should take him into custody for being concerned with Edwards in committing a burglary on that morning in St. Peter-street, Islington—he said, "Oh, if I had known you bad been after me, I would have given you a run for it"—whilst I was searching him at the station, he said to me, "Did Hoppy round upon me?"—Edwards goes by the name of Hoppy—he has got a cork leg—I said, "No"—he said, "How do you know that I am concerned in it?"—I said, "Because you associate with him"—I know both the prisoners—I have seen them together scores of times.
Edwards' Defence. I know nothing about it; I could not have got over the railing with my bad leg. I was round the corner when the policeman took me.
Little's Defence. All I said to the officer was, "What do yo want with met" I never said anything about Hoppy rounding upon me.
EDWARDS— GUILTY .**— Three Years' Penal Servitude.
LITTLE— GUILTY .— Confined Twelve Months.
OCTAVIUS AUGUSTUS WALLIS . I am a hosier, of 48, St. George's-place, Knightsbridge—on the evening of 21st March, the prisoner was at my shop—I came in and found him there, and my young man asked me in his presence to give change of this 10l. note—he had bought goods to the amount of 1l. 18s.—immediately I took it in my hand, I thought it was a bad one, and asked the prisoner where he got it from, and if he could give me some account of himself, and if he did not give a satisfactory account I should have to send for a policeman—he then stated that he took the note from a gentleman at Brighton—he then said that he lived in Raleigh-street
—I said there was no such street in that district—he said it was Raleigh-street over the water—I then sent for a constable and gave him the note, after marking it and showing it to a neighbour—at the station, the prisoner said he had just come from Liverpool, and had taken the note there—he was asked for his residence, and he said "Raleigh-street;" that he should have stopped there that evening had he not been taken, but he had no residence in London.
THOMAS POTTER (Policeman, A 250). I took the prisoner into custody—he said he was a betting man and a book-maker, and he took the note from a gentleman at Brighton—he was asked his name and address—he said he had no address in London; that he came from Liverpool the same day—I searched him but found nothing on him.
GEORGE HOWARD (Police-inspector, B). When the prisoner was brought to the station I asked his name—he said Charles Stevens—I asked his address—he said he bad no fixed home; that ho came from Liverpool the evening previous, and had slept one night in Raleigh-street—I asked how he became possessed of the forged note—he said he had taken it in a betting transaction; I understood him to say skittling—the prosecutor remarked, "Why, he said he came from Brighton"—the prisoner made no answer to that.
Prisoner. Q. Where was the constable standing when the charge was booked? A. By the side of you.
Prisoner to Thomas Potter. Q. Did you hear me say that I had taken the note at Liverpool? A. No—I was standing by your side all the while.
Prisoner's Defence. There is no legal evidence to show that I had guilty knowledge or that I was previously acquainted with forgery; it may be the misfortune of any one to be in possession of a forged note. It may not he a satisfactory way of showing how it came into my possession, but my occupation leads me into business transactions with persons who I am totally at a loss to give any account of. I am a stranger in London.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
SAMUEL JOHN CLOSE . I reside at Wimborne, in Dorsetshire, and am porter at the railway-station there—on 19th February, about 1 o'clock in the afternoon, the defendant came to the station and brought four packages of meat in cloths—this direction (produced) was on them, I believe—I believe it to be his writing—I know him, but have not known him long—he merely said that there were four packages of meat for London—I asked him if there was any more; he said no—it was forwarded the same after-noon to London.
Prisoner. Q. What weight was it? A. 3 cwt. 12 lbs., the four packs.
WALTER TYLER . I live at 25, Warwick-lane, London, and am a porter at the London and South-Western Railway—on 20th February, before 6 in the morning, I took four packs of meat to Mr. Sketchley's, in Newgate Market, and delivered them there—this is one of the labels which was on them—there was one on each packet—I delivered them to Mr. Sketchley.
o'clock in the morning, I received four packages of meat from Wimborne—I opened one of them and found it in a very bad state—it was not fit for human food—I immediately called in the inspectors of the market, Messrs. Newman and Fisher, to see it—on opening one of the packages I found this letter (produced)—it is in the defendant's writing—I have had letters from him—The letter contained the following, "I do intend to sell some more beef this week, but you must not let the old man see this, for it is a bad job for me"—Mr. Pocklington, the former inspector, is dead—he was an old gentleman, and an old man is referred to in this letter.
Prisoner. Q. Was this meat exposed for sale? A. Not at all—it was packed up as good meat would be which was for sale.
S. J. CLOSE (re-examined). To the best of my belief, this letter is in the prisoner's writing.
CHARLES FISHER . I am one of the inspectors of meat at Newgate Market—on 20th February I was called to inspect this meat—it is totally unfit for human food—Mr. Newman also inspected it—all four packs were taken before the Alderman, and ordered to be destroyed—it is all one animal—it is the carcase of a cow, which is a very poor one, and diseased.
COURT. Q. Could it have become unfit for food in the course of it's journey from Wimborne? A. No; it was a diseased animal.
Prisoner's Defence. Gentlemen of the jury,—This bullock was my own, and I gave 12l. for it; it was healthy, and as sound as any animal in the world. I put it out to feed, and it jumped a ditch and broke its knees. I dressed it as quickly as possible, took it next day to the station, sent it to London at 10 o'clock in the morning, and it arrived at London at 7 o'clock the following evening; whether being twenty hours on the journey made any difference, I cannot say. Mr. Newman has been down twice and inquired into the circumstances. The bullock was four years of age.
CHARLES FISHER (re-examined). It was a cow—all four quarters were in a diseased state—the hind quarters were as bad as the fore—it died chiefly from lung disease—it was in a very poor state and wet—if the animal had not been diseased it would not have been wet—I have had twelve years' experience.
NEWMAN. I have been inspector of meat six years—I saw this heifer—it was very badly diseased—it had been dead, I believe, about two days—it looked much worse than it would if it had been skinned at the time the accident happened—it was wet—it would not be so wet from having died as from disease—I would not allow meat to be exposed at the market if I had known that it died by accident, or naturally.
COURT. Q. Not if it died from an accident? A. Not unless it had been bled and properly dressed by a butcher before it got cold; but it was not found for some hours after death—where the blood has set into the meat we should not allow it to be sold—this had never bled at all—the state of the animal was both from its not having been bled and from disease combined—it was most decidedly diseased.
JURY. Q. The blood being kept in it would, of course, give it a very different appearance; we seldom see meat with the blood in it: which might lead us to believe that it was diseased. A. It would not lead the inspectors of meat to think so.
GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Eighteen Months.
NEW COURT.—Tuesday, April 9th, 1861.
PRESENT—SIR ROBERT WALTER CARDEN, Knt.; Mr. Ald. DAKIN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .*— Confined Nine Month.
PLEADED GUILTY .— Confined Four Months.
JOSEPH JONES PLEADED GUILTY .— Twelve Years' Penal Servitude.
ELLEN JONES PLEADED GUILTY .†— Six Years' Penal Servitude.
MR. SMITHERS conducted the Prosecution.
ARTHUR ELLIOTT (Police-sergeant). On 8th March I was a constable, and was posted in the Hackney-road to watch—about 8 o'clock in the evening Smith passed me, and I followed him a short distance, took hold of him, told him that I was a policeman, and believed he had counterfeit money—he said, "You are mistaken," and tried to get his hands into his trousers pockets—I pushed him into a greengrocer's shop kept by Mr. Marsh, who assisted in holding him—I searched him, and found these three brown paper parcels made up into one—they were all sealed—I said, "What do you call this?"—he said, "You have got the lot; you will find no more about me"—Sergeants Brannan and Bryant came up, and we took Smith to the Queen Arms public-house, and in his presence I gave the packets to Brannan, who opened one, and told him that they were all counterfeit—the paper passed between every two coins.
JAMES BRANNAN (Police-inspector). On Friday, 8th March, I stationed Elliott in the Hackney-road, and other officers at the corners of different streets—about 8 o'clock in the evening I noticed a crowd—I ran in that direction and found Smith in custody in a greengrocer's shop—we took him into a public-house as the mob became large—the constable there gave me five paper packets, four of which contained 10s. each, separately wrapped up in paper, the fifth contained five counterfeit sixpences, each wrapped up in paper to prevent them rubbing—they were all bad—I said, "Phil, I have received instructions from the Mint to look after you, as dealing largely in counterfeit coin; where do you live?"—he said, "I refuse to give my address"—I said, "We shall find you one; I will take you to 5, James-street, Hertford-street, Haggerstone"—he said, "I am hardly settled there yet"—this was about a mile from Hackney-road—we went to Haggerstone—I left Smith in a cab with one of the officers, and did not take him directly there—I broke the door open, as it was fastened—we proceeded up stairs and met the female prisoner on the middle of the stairs—she knocked my bat off, seized me by the hair, threw herself down, and pulled me down—I went up stairs, and on entering the room I found Joseph Jones in his shirtsleeves
trampling on some plaster of Paris moulds—he broke them—there was a clear bright fire, on which stood a ladle with molten metal in it—he took it off the fire, and turned round towards me, as if to throw it at me—I knocked it out of his hand with a sledge-hammer—he then seized hold of the sledge-hammer—a struggle ensued, and Sergeant Brannan and Inspector Bryant immediately seized him, and came to my assistance—I found several pieces of plaster of Paris moulds broken, where he was standing, and some white metal—I found on the table, a plaster of Paris mould for making florins—the florin was in the mould, and hot, with the get attached to it—that is the refuse metal that is poured into the mould—the get has afterwards to be filed away—I also found, on the table, some basins with sand and water in them, and some files with metal in their teeth—on the cupboard were placed two galvanic batteries, charged, and in full work, with seventeen sixpences on the wires, undergoing the process of electroplating—that is a process by which a very thin coating of silver is thrown over the base coin—I found a large quantity of counterfeit coin in the cupboard, and the necessary implements for carrying on coining, and colouring, and coating the same to a very large extent; also, a large quantity of plaster of Paris in paper bags, and in a canvas bag nearly a hundred weight—galvanic batteries require acids, and I found a quantity of acids, a small quantity of bismuth, and a quantity of granulated metal—I saw the female in the act of tearing this piece of paper (produced)—it was in this pocket-book, which was on the table—the paper contains directions for coating and colouring counterfeit coin—Smith was down stairs at this time—he was pointed out to me by the name of "Phil," some months ago, when I first had him under observation—I think his name is Philip Chapman.
BENJAMIN BRYANT (Police-inspector G). I assisted on 8th March in securing Smith, at the Queen's Arms public-house—I took him in a cab, close to the house at Haggerstone, and left him there in the adjoining street till we had secured the other two prisoners—I then went into the house—I saw the female prisoner pull down a clock, which hung immediately over Mr. Brannan's head, while he was searching the room—it just saved his head—I took her down stairs—on coming into the back parlour she saw Smith, and said, "Hallo, Phil, this is a bad job, ain't it? I know who has put us away"—Smith said, "What do you want to implicate me for? I know nothing about it: you don't know me, I am sure"—she said, "What's the use of your being a fool; Mr. Brannan knows all about us"—Smith made no reply—we then took the prisoners to the station in a cab.
THOMAS LEATHER (Police-sergeant, G 6). I went with Smith to this place in James-street—I heard Ellen Jones say to him, "Well, Phil, this is a bad job, isn't it?"—he stood for a minute and said, "You don't know me, I am sure I know nothing about it: you don't want to implicate me in the affair"—she said, "What's the use of you being a fool; Mr. Brannan knows all about it"—he did not make any answer to that—as I was taking him away from the house, he tried to get out of the cab—I stopped him—he said then, "Who could have told Brannan where I live?"
ELIZA LITTLE . I live at 85, James-street, Haggerstone, nearly opposite No. 5—I have seen the prisoners all go in and out of the house together frequently—the first time I began to see them was five weeks before they were taken—I last saw them at 12 o'clock on the day they were taken—I have not seen Smith going in and out quite so much as the others—I have seen him going into the house very often—he used to go to the door with a dog and some dog's meat, and when he could not get in, he used to knock
once and call "Ellen," to let him in, and sometimes the female prisoner let him in—I used to see him three or four times a-day.
WILLIAM WEBSTER . I am inspector of counterfeit coin to the Mint—I have here the packets of coin that were found on Smith—I have examined all these things—Mr. Brannan produces a great many fragments of moulds, and by closely examining them, I am enabled to partly complete one or two of them—he produces one mould which is perfect—it is a mould for a two-shilling piece, and in it was the counterfeit, which is here, with the get and all attached to it—among these counterfeit coins produced there are twelve from that mould, finished—there is also a packet of five counterfeit crowns of 1820, George the Third, all from one mould—here is the obverse side only of a mould for a shilling of 1819—I put several fragments together, and formed a double mould of the obverse and reverse sides of a shilling of George the Third, 1819; and of the Queen, 1844—in these packets are five counterfeit shillings of 1819, and seven of 1844, from those moulds—I also found a fragment of a double mould for sixpences, of the Queen, of 1845 and 1853—there are two counterfeits from the mould of 1845, which is only shown on the reverse—I could not get the obverse side of that mould perfect—there are two counterfeits of 1853, clearly proved to be from the mould, both obverse and reverse—there are several other counterfeits which do not bear upon that mould—Elliott produces counterfeit coins found on Smith—these are ten counterfeit shillings of Victoria, of 1844, from the same mould as the seven—there are ten counterfeit shillings of 1819, from the same mould as the five—there are three counterfeit sixpences of 1845, from the same mould as the two, giving only the reverse—there are two counterfeit sixpences of Victoria, 1853, from the same mould as the two, both obverse and reverse—I have examined everything else that is produced by Mr. Brannan, the batteries, and everything connected with them, which prove that they have been carrying it on to a most enormous extent: on a most extensive scale—the coins are the best counterfeit ones I have seen—it is usual with false coin to wrap them in paper to prevent them getting rubbed and scratched—bismuth is an ingredient in this metal—this money is heavier than the usual bad money.
COURT to ELIZABETH LITTLE. Q. You say you saw the prisoners together at 12 o'clock on the day on which they were taken? A. Not all; they all went into the house together, and I saw them together in the room on the first floor—I have seen Smith in that room a great many times—I have seen all three of them passing and repassing in front of the window, and I have seen both the male prisoners in the public-house when I have been for my supper beer.
JURY to JAMES BRANNAN. Q. What is the width of that street? A. It is an exceedingly narrow street—there is no difficulty in seeing from Mrs. Little's parlour window into the prisoners' upstairs room—I have tried it.
SMITH.— GUILTY .— Ten Years' Penal Servitude .
Sergeant Brannan stated that it was impossible to calculate the mischief Joseph Jones had done in dragging boys from their homes to become utterers of counterfeit coin, and that the prisoner had supplied the City and West End utterers with coin for some years.
MESSRS. SMITHERS and COLERIDGE conducted the Prosecution.
unlawfully uttering counterfeit coin—Confined Six Months.") I was present—the prisoner is the person.
MATILDA BROOKS . I am barmaid at the Haunch of Venison—on 15th March, the prisoner came for a pint of porter, and gave me a shilling—I saw; that it was bad, and gave it to Mr. Maidon, the landlord, and the, prisoner was given into custody.
Prisoner. Q. When I gave you the shilling did not you open the till? A. No; I saw it was bad, directly I took it.
WILLIAM MAIDON . I am the landlord of the Haunch of Venison—the last witness gave me a bad shilling, on 15th March—I put it in my waist-coat pocket, went round to the front of the bar, and asked the prisoner where he got it—he said that he had taken it in the Borough, in change for a crown piece, which he had taken for his work, in Holborn—I asked him how long he had worked there—he said not long, for he had only been two days from Liverpool—he offered three halfpence for the beer, which he put on the counter, saying it was all he had—I refused to take it, as the beer came to 2d—I gave him in charge, saw him searched at the station, and, another shilling was found in his waistcoat pocket—he said, when he offered the three halfpence, that he wanted the beer, and had got no other money.
Prisoner. Q. Was the shilling disfigured when you put it in your pocket? A. No; there was no other silver there.
WILLIAM RICHARDSON (Policeman, C 212). Mr. Maidon gave the prisoner in my custody, with this shilling—I searched him at the station and found another shilling in his waistcoat-pocket—he said he did not know he had, got it—I searched further, and found three halfpence more—he said he did not know where he lived, he had not been long from the country.
Prisoner. Q. Were you on my right side or on my left when you took me to the station? A. Your left—I took the money from my right pocket.
Prisoner's Defence. I was convicted nearly two years ago. I knew I had another shilling when I went into the public-house, but that was to keep me on Saturday and Sunday. Now a man who had been convicted of uttering counterfeit coin would know what he would have to undergo if he was found doing so again; I had an opportunity of swallowing the shilling if I wished, and I am a very good runner, and might have run away, but I did, not, I am innocent.
GUILTY .— Confined Eighteen Months.
MESSRS. SMITHERS and WORDSWORTH conducted the Prosecution.
GEORGE ENGLISH . I am a stationer of Albert-terrace, Notting-hill—on Wednesday, 20th February, about 5 o'clock in the afternoon, the prisoner came and asked for half-a-crown's worth of stamps—I was in the parlour looking over the door—my wife, who was in the shop, told her that we could not give her so many stamps, and she asked for two shillings' or one shilling's worth, I forget which—she tendered a two-shilling piece—my wife took it up and it fell on the ground behind the counter—she picked it up,. put it into the detector, and called out to me "Here is another bad two-shilling piece"—I went into the shop, the prisoner was then leaving—I spoke to her on the door step, and asked her who sent her—she said, her mistress—I asked her where she lived—she said, "Bound the corner"—I told her I would go with her and see if that was correct—I went to the top of the street with her, and asked her if she intended turning the corner—she said that she did not live round the corner, she lived in Drury-lane—
that is four miles away—I gave her in charge—the florin was in her hand, and I took it from her before she left my door—I gave it to the policeman.
EMMA ENGLISH . I am the wife of the last witness—on 20th February, the prisoner came and asked me for a shilling's worth of stamps—she gave me a florin—it fell out of my fingers, behind the counter—I picked it up and put it into the tester—I am sure it is the same—it only fell at my feet—I found it was bad, and said to my husband "Here is another bad two-shilling piece"—while I was saying that, the prisoner took it from my fingers—my husband came, and I saw her give it back to him on the door step.
JOHN PEMBERTON (Policeman, T 54). I took the prisoner, and received the florin—she said that a gentleman gave it to her for nothing—I asked her where she lived—she said, "At 16, Drury-lane"—I inquired there, and found it was false.
JOHN CHILD . I manage a greengrocer's shop for my father—on 2d February, about 7 o'clock, the prisoner came for 2 lbs. of potatoes which came to 2d.—she gave me a two-shilling piece—I gave her the change, and put in a till where there were several other shillings and half-crowns, but no other florin, because the till had been cleared half an hour previously, and nobody but me had served in the shop that evening—I cleared the till again at eleven o'clock, when we shut up, and gave the money to my father—there was only one florin there then—I said to my father, "This is a two shilling-piece—on the following Thursday, the prisoner came again, between 6 and 7 o'clock, for two pounds of potatoes and tendered a florin—I noticed that she was the same person, bent it, and told her it was bad—that was in consequence of something I had heard—I said, "You were here last week; I think you are the party who gave me the two-shilling piece before"—she said, "No"—she said she had three halfpence and would have a pound and a half of potatoes—I asked her where she lived—she said "Round the corner"—she asked me to let her go, but I would not—I sent for a policeman and she was then questioned where she got the money—she said that a gentleman gave it to her for some flowers—I gave it to my father, and saw him give it to the constable.
JOHN ATKINS CHILD . I am the father of the last witness—he gave me the contents of the till on 2d February—there was only one florin—I took it out of the till, and tendered it in payment for some beer the following morning—it had remained till then in a box on the mantel-piece—the bar-man refused it as bad—he did not try it—I did not lose sight of it—I brought it back and put it in the fire—I did not see it melt—I took no further notice of it—next Thursday, the 7th, I was in the shop and saw the prisoner there—I heard my son charge her with passing a bad two-shilling piece—I sent for a constable—my son said, "You have been here before"—I received the florin from my son, and it was handed to the policeman by me or my son.
Prisoner. Q. Did not you give it to the Magistrate yourself down at the police-station? A. I think not; I will not swear positively.
JAMES COOKE (Policeman, S 250). On 7th February, I was sent for to Mr. Child's shop, and the prisoner was given in my custody—the father gave me the two-shilling piece, and said that the prisoner had tendered it to his son—I asked the prisoner where she got it—she said that a gentleman gave it to her for two bunches of flowers—she had a jug in her hand, and a key—I asked her name—she said "Emma Saunders," and that she had slept the night before in Short's Gardens, Drury-lane—I found three halfpence on her—
I had not time to make inquiries in Short's-gardens—she was remanded and then discharged.
Prisoner. Q. Did not old Mr. Child give the two-shilling piece to the-Magistrate, at the police-station? A. No.
GUILTY .— Confined Six Months.
MESSRS. SMITHERS and COLERIDGE conducted the Prosecution.
ELIZABETH RATCLIFF . I am the wife of William Ratcliff, a baker—at the beginning of October, the prisoner came for two penny buns—he gave me a florin, for which I gave him change, and put it in the till—I found, after he was gone, that it was bad—I marked it, and gave it to policeman: 266—there was no other florin in the till—on 11th December, be camel again—I recognised him on his leaving the shop—he asked for two penny worth of biscuits, and tendered a florin—I found it was bad after he left and put it on the Are—it melted—on the 12th January, about a quarter to ten o'clock, he came again for two pennyworth of biscuits, and gave me a half-crown—I tried it, found it was bad, and told him that he had been there before with bad money, and I should give him in charge—he said that I was a very absurd woman, and should find that it was good—I gave him in custody, with the half-crown and the florin which I had taken before;—I am certain it was the same person came those three times—I had known him before.
Prisoner. Q. Where did you place the money? A. In the desk, with. some fourpenny pieces and sixpences—my mother took the other one.
GRACE DILLON . I am the mother of the last witness—I was visiting at her house on 11th December, and served the prisoner with two penny biscuits—he gave me a florin, which I put in the till—my daughter after-wards said something to me about it and threw it in the fire—it melted—. I know it was the same, because there was no other there.
Prisoner. Q. Was your daughter in the shop when I came in? A. No, but she was sitting in the parlour—she called to me to take it out.
JOHN GIBBONS (Policeman, B 266). I received the prisoner in charge on 12th January, and Mrs. Ratcliff gave me a counterfeit half-crown and florin—I asked him his name—he said "Charles Stevens"—I took him to the Westminster Police-court—he was remanded for a week, and discharged.
DANIEL STEELE . I am a bookseller of Spring-gardens—on 14th March, the prisoner came for three shillings worth of postage stamps—he tendered a good shilling and a bad half-crown—I bent it, told him it was bad—he said, "h! no, it is good"—he gave me two addresses, one of which was next door to a public-house in Endell-street—I said, "That will not do for me," and then he gave me another address in High-street—I gave him in custody, with the half-crown—it was never out of my hand.
Prisoner. Q. Did not you return it to me, and did not I say, "I think it is a good one?"A. I did not—I tried it with a hammer—you gave me your address.
ABRAHAM FERRIS (Policeman, A 224). I took the prisoner at Mr. Steele's shop, who handed me this half-crown—the prisoner had written his name "Charles Lydiard, Endell-street," before I got lo the house—I found 1s. 8 1/4 d. on him in good money, and two keys.
Prisoner's Defence. I am innocent of entering the shop before—I went
one Saturday in January, for the first time—I did not know that the half-crown was bad—I bought a pair of boots of a friend for three shillings—he wrote to me for the money; I sent my wife to pledge a coat, and she gave me the half-crown and sixpence to buy the stamps—my name is Charles Stevens—I gave the name of Lydiard because I was frightened.
GUILTY .— Confined Nine Months.
MESSRS. SMITHERS and PAYNE conducted the Prosecution.
HENRIETTA CLOTHIER . I am the wife of William Clothier, who keeps the Crooked Billet, Wych-street, Strand—on 20th March, the prisoner came, and I served him with half a quartern of rum and a Pickwick, and charged him 2d. for the bottle—I am a stranger in London, and that was the first day I had served—they came to 7 1/2 d.—he gave me a half-crown—I gave him a shilling, a sixpence, and fourpence-halfpenny in copper—directly he went out I noticed that the half-crown was bad, and laid it on the pewter, by the side of the till—the prisoner had been in two or three times before that day, and he came in again about half an hour afterwards, and called for a glass of ale—I was awaiting his arrival, knowing he would come again—he put down another bad half-crown—I took it up and said, "This is two you have given me this evening; I shall give you in charge"—he then put down a good half-crown, which I put in the till—I showed him the two bad ones—I do not know what he did with them—I never saw them any more—a constable came in directly after, and I informed him of what had happened—t put the bad half-crowns on the till, and I was so worried with calling for a policeman, that I really cannot say what the prisoner did with them—I saw the constable find one on him, but what he did with the other I cannot say.
MARY JONES . I live at 12, Great Pulteney-street, Golden-square—on Wednesday night, March 20, I was in the Crooked Billet, about 7 o'clock—I was speaking to Mrs. Clothier; I had been with her the whole of the day—I saw the prisoner served with a half-quartern of rum and a Pickwick,. and 2d. charged for the bottle—he gave her a large piece of money, either a 2s. piece or a half-crown—she took it and put it on the pewter by the side of the till—I saw her give him change—he went away through the private bar, and came in again about half an hour afterwards at the large bar, and asked for a glass of ale—he put a half-crown on the counter—she took it up, and I heard her say, "This is the second bad half-crown you have given me to-day."
EDWARD MARSH (Policeman, F 163). I took the prisoner in the Crooked Billet—I saw two half-crowns, one bad and one good, lying on the counter when I went in, and Mrs. Clothier said in his hearing, that he had tendered her two bad half-crowns—I produce the bad half-crown—I said, "Where is the other half-crown?"—he said that he had not got it—I searched him, and found this 2s. piece (produced) in his waistcoat-pocket—I said, "This is a bad one"—he said, "No, it is not"—I said, "It is"—I then took him to the station.
Prisoner. Q. Did I not say that it was the 2s. piece that I had received in change from Mrs. Clothier? A. At the station you did; not before—I said, "One of these is good, and one is bad"—you said, "This is what I gave her last," pointing to the good one—Mrs. Clothier took the good half-crown, and I took the bad one—I found four halfpence on you besides the florin.
COURT to MARY JONES. Q. Did you give him a florin in change for his half-crown? A. No; he had to pay 7 1/2 d., and he only gave me a half-crown—I did not take a two-shilling piece out from the till at first—I did not hear him say where he lived, or where he got the had half-crown from; I did not ask him—he said, "If I have given you any bad money, I will rectify that if you will come over to my house."
MRS. CLOTHIER (re-examined). I did not gave him change at all when he gave me the second half-crown for the glass of ale—I took it up and took up the other, and said, "You have given me two."
Prisoner's Defence. I went in for half a quartern of rum for my wife, who was poorly, and I should not have gone into the house except for my son's knowing her brother at Portsmouth. I went in the house about three or four times; I had two half-crowns, and I am positive they were good. I went in more for the sake of getting change for the second half-crown than for the rum. She said, "I think this is a bad half-crown." I said, "I don't think it is." She took up another one from somewhere, I don't know where, and said, "You have given me another before to-day; I will give you in charge of the police." I said I was not aware that I had done anything wrong, but if I had I would rectify it I do not get my living by passing bad money; if I did I should go further from home.
GUILTY .**— Confined Twelve Months.
OLD COURT. Wednesday, April 10th, 1861.
PRESENT—The Right Hon. the LORD MAYOR; Mr. JUSTICE WILLIAMS; Mr. Ald. ALLEN; Mr. Ald. JAMES LAWRENCE; Mr. Ald. DAKIN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Three Months.
Before Mr. Justice Williams.
MR. COOPER conducted like Prosecution.
WILLIAM WALLER (City-policeman, 121). On 11th March, about 9 o'clock, I was called to Liverpool-street, and, on reaching there, I found a van with two horses attached to it, abreast—it was laden with two or three very heavy casks, and a quantity of cork; it was a made-up load—the prisoner was standing leaning on the pole in front of the two horses when I came up—another policeman came up and I told him to take the prisoner to the station—the street was being repaired at this place; they were making a new sewer, and in consequence of that a bar was placed across the street to stop the traffic—it was a large scaffold pole put across the centre of the road, and very near to each end of the pole were two lanterns about five feet high—the deceased was there when I came up—I helped to take him to a surgeon—he had a very severe wound—the accident had happened before I came up—the prisoner was very drunk.
Cross-examined by MR. DICKIE. Q. Was he able to stand? A. He was able to lean—I do not know whether he was able to stand—I do not
know what he was doing—I was aware afterwards that the deceased was a one-eyed man—his age was seventy-one.
JOHN NORMAN . I reside at 5, Elder-street, Finsbury, and am coachman to Mr. Norbury—I was walking up Bishopsgate-street on 11th March, about 9 o'clock, or a quarter past—I saw a van with a pair of horses abreast coming down Liverpool-street from Bishopsgate-street, at full rate; I should judge ten or eleven miles an hour—the prisoner was on the box driving—I saw the watchman standing on the off side, doing something to the lantern, I do not know what—the pole of the van ran against the bar that goes across the street; of course it was the coachman's fault, there was plenty of room for him to have turned round and gone into Broad-street.
COURT. Q. The bar across the street was made with a pole, was it? A. On three tressels—he could have avoided it if he had liked, if he had turned down Broad-street—unless he turned he could not have avoided it, because he was driving at such a rate—there was no room for him to pass except by turning round.
MR. COOPER. Q. Then going with that pace against the bar, what did you see done? A. He took the bar away with him with the end of the pole, about twelve yards from where the accident occurred, before the van stopped—I did not wait to see the man who was injured—I did not see how he was injured, or what became of him, because I ran and fetched the policeman as soon as I saw the van stopped—I saw the man standing by the lamp on the off' side—I saw the accident happen to him—the coachman had no power over the horses whatever when this occurred, and he took the bar away with the pole twelve yards, and then the pole dropped from it and caught the fore wheels, and that stopped him, or else he would have gone into the sewer—the man was run over on the legs—I saw that—he was knocked down by the bar—I saw him fall—it was through the furious driving—he was knocked down by either the bar or the van, I could not take my oath which—the bar was knocked down by the pole of the van that was between the horses.
Cross-examined. Q. Then you cannot tell us whether it was the bar or the van that killed the man? A. It was the van caused the man's death by knocking the bar down—I was between forty and fifty yards from the bar at the time; I have had it measured—the deceased was standing by the lamp on the off side—whether he was snuffing the lamp or putting a fresh candle in I do not know—I was quite sober at the time; I had not been drinking at all—according to my judgment the van was going at the rate of ten or eleven miles an hour—he had no power over the horses when he ran up against the bar—I saw the van running about twelve yards before it was stopped—I did not see it for five minutes, nor hardly for a second.
COURT. Q. You say it was going ten or eleven miles an hour? A. Yes; I reckon if I drive seven miles an hour it is quite fast enough on London stones—that is the pace I usually drive—I mean to say the prisoner was driving faster than I usually drive—the horses were trotting—I did not see him get off the van—there was no one with him at the time of the accident—he was alone in a kind of chair on the van.
WILLIAM TOWNSEND (City-policeman, 123). I was called up on this occasion—when I came up the prisoner was drunk in front of his horses—he was off the van—I did not see him on the van—this was adjoining my beat—I observed this thing across the street—it was a pole resting on barriers with lanterns, and the man who is dead was a watchman there—I think he. had a box there—I am not positive—there is a gas lamp close to the barrier
—it was quite light by this place—it was light enough to see the barrier well quite twenty yards off.
HERBERT EVANS . I am house-surgeon at St. Bartholomew's-hospital—on 11th March a man named Michael Ahearne was brought to me—I examined him—he had a compound comminuted fracture of the right leg, and a simple fracture of the left leg—a wheel passing over it, or a blow from a barrier knocked down might produce both the fractures—it was considered necessary that amputation of the right leg should take place directly—the operation was performed about two hours afterwards—he lived for a fortnight, and died on 25th March—death was caused by the accident; it was such a serious accident to an old man, he died from exhaustion—he sank under it.
Cross-examined. Q. Of course it would be much more severe to an old man than a young man? A. Certainly—he was seventy-two or seventy-three years of age, I believe. The prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury, as the load being a heavy one, and coming down hill, it might have got the better of the horses, and the prisoner might not have seen the light. — Confined Six Months.
MR. HORRY conducted the Prosecution.
HENRY HUGHES . I am an ironmonger at 162, Drury-lane—about a quarter-past 1 on the morning of 17th March I was going home through Long-acre—I was at the corner, at the Queen-street end, and I went into a cigar shop—just before going in I saw the prisoners and two others outside the door—I bought a cigar, paid three halfpence for it with a shilling, and put the change, 10 1/2 d. in my pocket, and the cigar in my mouth—as I came out of the shop I heard one of them, I cannot tell which, say, "Put it on him," and Williams put his arm round my neck, and lifted me up on his belly—I felt the violence at my throat choking me—he said, "Kick him in the guts"—then he and three others threw me on my. back, and Webb put his hand in my right pocket, and tore my trousers from top to bottom—that was in the struggle—I struggled with them—I did not cry "Police;" my wife did—she was not with me at the time, but being opposite the house where I live, she heard my voice, and came out, hearing a disturbance—nothing further happened to me—as soon as I got released I cried "Police," and when the police came they wished to make off, but I detained Williams—I was bruised from head to foot—I could not tell who kicked me; I received so many—I held Williams, but was obliged to let him go—that was after the kicks—he was so violent, I could hold him no longer—I did not know either of the men before; they were perfect strangers to me—after I was kicked they made off—Williams made off after I let him go—I lost my cap and handkerchief—I could not swear they took them—I do not know that they robbed me of anything.
Cross-examined by MR. SLEIGH (for Webb). Q. This was about 1 in the morning? A. A quarter-past 1 on the morning of Sunday—I had been to my club, I am a trustee—I had been taking money at my club—I cannot say who it was said, "Put it on him"—I have always said that I believed it to be Williams who said it, but I cannot swear to either one or the other—I could not tell their voices from behind—I saw the prisoners, taken—I gave them both in custody—one ran into the policeman's arms, and Webb stopped—they ran about thirty yards before they were stopped—I was not a yard
behind them when they were stopped—I pursued—I saw the other two ran down Wild-street, and these two kept on in Queen-street—I chased them—there were some women there—they were not running likewise—there were not two women running, and calling "Police," to my knowledge—there were some women there, not calling out "Police"—I heard "Police" being cried the whole time I was on my back, but I do not know whether it was by women or men—when Webb was stopped, I said to the constable, "Bring him with you"—I charged him with being one of the men who had assaulted me—he said in reply, "I had nothing at all do with it"—I have since made inquiries as to Webb—I believe him to be under control by Williams—I believe him to be of very respectable parents, and has borne in good character up to the time he was taken in custody.
Williams. Q. What is your name? A. Henry Hughes—that is the name I gave at Bow-street—the tobacconist's shop I went into is two doors from the corner of Long-acre—I did not say, when I made my statement at Bow-street, that you were the person that said, "Put it on him"—I said I believed it to be you, but I did not swear it—I gave Webb in custody—I saw him with you at the same time—I have suffered bad consequences from the pressure of the throat—I was not asked the question before—I was asked if I had any more to add, and I said, "No"—the trousers that were torn are at home—I did not produce them at Bow-street—I do not know who kicked me—I showed the marks where I had been kicked, to the constable and the inspector—I did not show them to the Magistrate—he said there was no occasion—I have not got the tobacconist here.
MR. HORRY. Q. Were the persons whom you saw in custody the same you described as being at the cigar shop? A. Yes.
COURT. Q. You say that all made off except Williams? A. And Webb—they all made off together—I detained Williams—I kept him back perhaps a minute or two before I let him go—I was on the ground, and I had got him a-top of me on the ground—I was detaining him by his shirt—I had got my hand inside his braces.
JOHN TYLER (Policeman, F 34). About 1 o'clock on the morning of 17th March I was in Long-acre—I heard a cry of "Police," and saw the prosecutor—I saw these two prisoners together in Drury-lane—when I got up there the prosecutor had got hold of Williams—they were standing up, and Webb was standing by—as I got up to them both of them ran away down Great Queen-street—I was about fifteen yards from them—I heard the prosecutor call after me—he said, "Stop the man with the hat on"—that was Williams—Webb was running down the street at the same time—he stopped, and I passed him—he was running down Queen-street—he was before Williams—I passed him, and caught Williams—I took him to the station, and told him he was charged with assaulting Hughes, and attempting to rob him—he said he had nothing to do with it—Berwick came up at the time I took Williams—I saw Webb standing under a lamp-post in Great Queen-street after that—that was about twenty yards from where I took Williams—Berwick took Webb in my sight—I am quite sure Webb was one of the persons running as I have described.
WILLIAM BERWICK (Policeman, F 138). On Sunday morning, 17th March I saw several persons running in Great Queen-street—Webb was pointed out to me by Tyler in the first place, and on asking again to make sure of the identity of the person, the prosecutor said, "That person is one," pointing towards him.
Cross-examined. Q. You have described it as a mob of persons running
down the street together? A. Yes—I did not charge Webb—I did not hear any charge made at the time—he was taken to the station by me, and there charged.
Webb received a good character.
WEBB— NOT GUILTY .
WILLIAMS— GUILTY .**— Confined One Year.
MESSRS. CLERK and POLAND conducted the Prosecution.
WILLIAM CHARLES SPENCE . I am a clerk in the office of the Religious Tract Society, in Edinburgh—on 24th January I procured from the National Bank of Scotland a draft for 690l. 7s. 3d., payable to Richard Jones or order at Messrs. Glyn and Co., bankers, London—I gave that draft to Mr. Suter—when I gave it to him the name of "Richard Jones" was not on the back—it is now—after I had given the draft to Mr. Suter, he gave me a letter addressed to "Richard Jones, Esq., Religious Tract Society, 56, Paternoster-row, London"—I weighed if and put an additional stamp on it—the letter was fastened up with gum—after I had put the extra stamp on it I gave it to a person in my office of the name of Kiddey, to post.
GEORGE SUTER . I am cashier to the Religious Tract Society in Edinburgh—on 24th January I had to make a remittance of 690l. 7s. 3d. to the Religious Tract Society in London—we get it from the National Bank, and they draw on Glyn and Co.—I received a cheque for 690l. 7s. 3d. from Mr. Spence, and placed it in a letter addressed to "Richard Jones, Esq., Religious Tract Society, Paternoster-row"—I gummed it and handed it to Mr. Spence—the name "Richard Jones," endorsed on the back of this cheque, was not there at the time I gave it—it was not crossed—we do not cross our cheques in Edinburgh.
WALTER KIDDEY . I am employed at the Religious Tract Society in Edinburgh—on the evening of 24th January I received from Mr. Spence some letters to post—I remember one letter addressed to Richard Jones, Religious Tract Society, 56, Paternoster-row, London—I noticed it because I was told it contained money—it had two stamps on it—I took it to the post-office and put it into the post, at forty-six minutes past 7 in the evening.
JOHN DIXON . I am a sorter in the post-office at Edinburgh—if a letter was posted in Edinburgh at forty-six minutes past 7 in the evening it would be too late for that night's despatch to London—it would be despatched from Edinburgh the next afternoon—a letter addressed to London, posted at forty-six minutes after 7 on 24th, would be despatched on the afternoon of 25th, and arrive in London on the morning of 26th—a letter addressed to Paternoster-row would be tied up in the Eastern Central letters for London—that is done in Edinburgh—I did not tie up all the letters on that day—I despatched the mail, but there were officers on duty previous to me on that day—I despatched from Edinburgh all the letters for the East Central district—I have no recollection of that particular evening, but I did the duty as usual—the bag is sealed before it leaves the post-office in Edinburgh.
WILLAIM ORCHARD . I am a letter-sorter in the General Post-office in London—I was on duty there on the morning of 26th January—I opened the mail bag containing the Eastern Central letters, coming from Edinburgh—they were then given out to be sorted—they are first stamped with the London mark, and then sorted by different sorters into particular walks.
Post-office—I deliver letters in Paternoster-row—I was on duty at the Post-office on Saturday morning, 26th January—I had letters to deliver on that morning at the Religious Tract Society, in Paternoster-row—I delivered all the letters that were given to me for delivery that morning.
RICHARD JONES . I am manager of the Religious Tract Society at 56, Paternoster-row—I was there on 26th January—I did not receive any letter containing a draft for 690l. 7s. 3d from Mr. George Suter, of Edinburgh—this endorsement, "Richard Jones," on this draft is decidedly not my handwriting, or written with my knowledge or consent—the endorsement "Richard Jones, 40, Prebend-street, Islington" on these three bank notes (produced), was not written by me or with my knowledge.
CAMPBELL HARDY . I am cashier at Messrs. Glyn's bank, in Lombard-street—it is a few minutes' walk from the Bank of England—on the morning of 28th January, some time between 1 and 2, I should think, as near as I can say, this draft from the Bank of Scotland was presented to me for payment—I can't say whether the endorsement "Richard Jones" was written when it was brought; it was written before I paid it—I should not have paid it without its being endorsed; it is payable to order—I paid the draft in twelve 50l. Bank of England notes, and the remaining 90l. 7s. 3d. in cash—I took the numbers and dates of the 50l. notes before I paid them—they were 29169, 29170, and 29171, 17800, 29573, 29574, 29575, 29576, 29054, 22884, 28379, 28234; all dated 20th November, 1860 these (produced) are three of the notes, and these (produced by Russell) are eight of the others—I cannot speak at all to the person who brought the draft.
ALFRED THOMPSON . I am balance accountant in Messrs. Glyn's bank—I was present at the bank on Monday, 28th January—I saw the draft for 690l. 7s. 3d. presented for payment to Mr. Hardy—I was standing by the side of him at the time—I saw the person who presented it, and saw the money paid—to the best of my belief the prisoner is the person who presented it.
COURT. Q. You say to the best of your belief; is that from your recollection of his person? A. From a recollection of his person—I feel confident he is the man.
Prisoner. Q. Did you give a description of the person who presented the cheque? A. No—I gave partly a description, not of your dress, but of your personal appearance, to detectives and parties that came to question me—I did not give a description of the dress, but the height, appearance, manner, and tone of voice—I was not able to give a description of the dress—I see about 300 or 400 people daily and sometimes more; customers and others—a great many present cheques for larger amounts than 690l.—I am not able to recognise all those who present such large cheques—my attention was first drawn to the person presenting this cheque by the nervous manner which he asked for the money—I then turned round and looked the person full in the face.
WILLIAM SENIOR DEANE . I am a clerk in the Bank of England—on Monday, 28th January, I was on duty there—on the afternoon of that day a person came with these three 50l. notes—he asked for gold for them—the the numbers of the notes are 29169, 28234, and 29379, dated 20th November, 1860—the prisoner was that person—it was about 2 o'clock in the day; I think—the name of "Richard Jones" is written on the notes—it is customary to ask, when persons present notes to us, to put their name and address on them—the address here is "40, Prebend-street, Islington"—
—I think the ink was wet at the time the notes were presented to me—it is usual to ask the name and address of the party, and to get him to write it on the note—we have instructions to do it on all occasions, whether the person be a stranger or not—when these notes were presented I had suspicion, from the appearance of the man who presented them, that there was something wrong about it, and I referred to the directory to see if the address was correct, with the name—I found there was no such number in the street—I had to turn my back to look at the directory—when I returned I found the prisoner gone, leaving the notes with me, without taking his money—I looked about the bank to see if he was there, and inquired of the detectives if they had seen him pass out through the front entrance, and they said he had not—I went to a private entrance and found he had gone out that way—I gave a description of the person.
Prisoner. Q. Did you give a description of the dress also? A. I did; and also of a pin that you wore—it appeared to be a round large rose diamond pin.
COURT. Q. Do you feel confident the prisoner is the man? A. I am without a shadow of a doubt—I am convinced of it.
JURY. Q. Would you have given him the cash for the notes if he had stayed? A. I should, although I found the address not correct; there was nothing to prevent my giving him the cash; the notes were not stopped or stamped forged.
FRANK PERRY . I am assistant to Mr. Andrew Campbell, a jeweller in Tottenham-court-road—on 25th March, the prisoner came to Mr. Campbell's shop to purchase some articles—he selected a gold watch and chain, and a diamond ring—the price for the three was 33l. be pulled out his pocket-book and said he had not enough with him, and ordered them to be sent home—he gave me his name and address as Charles Mansfield, 29, Euston-square—his manner attracted my attention—he selected the goods in a very off-hand manner; very quickly—my attention was drawn by that—after he had left, I went to Scotland-yard police office, and had some communication with the police there—I then proceeded with the articles the prisoner had selected to the address he gave me, 29, Euston-square—I found him there—it is a private house—he offered me a 50l. note in payment—I refused to take it and I went home, taking the goods away with me—I afterwards returned and found the prisoner there—I told him I could get the note changed if he would let me have it—he then gave me a 50l. bank note—he had written his name on it when I went to the house first—when he gave it to me to get changed, there was "Charles Mansfield" written on it—this is the note—the number is 22884, dated 20th November, 1860—I took that note to the Bank of England, and there it was stopped—I then returned to Mr. Campbell's—I did not go back to Euston-square afterwards.
COURT. Q. You have no doubt that the prisoner is the man? A. No; not the least doubt.
GEORGE RUSSELL . I am one of the detective officers of the City police—on the afternoon of 26th March I went, with another officer, Haydon, to No. 23, Clarence-road, Kentish-town—I found the prisoner there the second time I went—I called twice—it was about 4 o'clock when I went the second time—I asked him if his name was Holland—he said it was—I said "You were in Tottenham-court-road on Saturday afternoon and purchased a watch and chain"—he said, "I was not"—I said "Oh, yes you were, and left a 50l. note behind you"—after some hesitation he said, "I did"—I then told him we were detective officers, and should take him in custody; the charge against him would be for uttering a stolen draft, and forging the
endorsement thereon, and thereby obtaining 690l. in 12 50l. notes, and 9l. (in gold.—I then said to him "Give me the other notes"—he at first put his hand in his waistcoat pocket, fumbled about for some little time, then put his hand into his trousers pocket and pulled out this purse, and took from it these notes wrapped up in this manner, and handed them to me—there are seven—I took them to the table a little distance off and counted them—I said, "There are only seven here; there ought to be eight"—he said, "They are all there"—I said "No, they are not; three were left at the Bank of England, one in Tottenham-court-road, and seven are here"—he then said, "I left the other one as a deposit with the landlady at 29, Euston-square"—I said, "I have seen the landlady there, and she says you left no money there, and had no change"—he said, "I did leave it there"—he stated that he belonged to the Post-office, and that he had not been to the bank with the cheque, or to get the notes changed at the Bank of England; that he had found the notes—he said he did not want a Post-office prosecution—his lodging in Clarence-road was searched—I saw a pin found—Hay don has it—he has been called away to the Guildhall police-court—it was a round pin, exactly such as described, not a diamond; but a false one; an imitation diamond pin—I produced these notes just now and showed them to Mr. Hardy, the cashier—I went to Prebend-street, Islington—there is no number 40 in that street.
ELIZA WILLIAMS . I reside at 29, Euston-square—on 25th March, about a quarter to 1, the prisoner came to my house to engage some lodgings—he agreed to take them—he wrote his name down on this piece of paper (produced)"Charles Mansfield,"—he produced a 50l. note to me and offered, if I got it changed, to pay a deposit for the lodgings—I suppose on account of the rent—I could not get the note changed—I sent across the road to the public-house—they could not change it—it was brought back to me, and I placed it on the parlour table where the prisoner was sitting—I did not notice whether he took it up or not—I do not know what became of it—I afterwards saw the witness, Frank Perry, come with some goods, and the prisoner gave him a 50l. note in my presence—I never saw the prisoner from that day until he was taken into custody—he has never come to occupy my lodgings since, or before he came on that day—he never slept there—he took them weekly—he was to pay me 1l. 5s. a week.
WILLIAM GEORGE DUNBTALL . I am an inspector of letter-carriers at the General Post Office—the prisoner was a letter-carrier there in January last—a letter despatched from Edinburgh on the afternoon of 25th January would in due course arrive at the General Post Office about 5 in the morning of 26th—if a letter addressed to Paternoster-row was to arrive at that time at the General Post Office, it would first be taken out of the bag with the other letters for the same district, stamped, and then sorted—Walding was the letter-carrier who delivered letters in Paternoster-row that morning—the prisoner was also a letter-carrier in the same section—the 4th section—that would include Paternoster-row and the Temple likewise—the prisoner's own walk was the Temple—he was on duty in the Post-office on the morning of 26th January, from 5 till about 7 o'clock—at 7 he would leave to deliver his letters—the general despatch is about 7 o'clock—during the time he might have had access to any letters in that section, to a letter addressed to Paternoster-row.
COURT. Q. How would that be? A. It might have been mis-sorted to him—letters are frequently mis-sorted from one man belonging to another—he might have picked it off the floor—the Temple walk and the Paternoster-row walk are very near each other—it might have dropped on
the floor—packages and letters frequently drop on the floor—Walding or the collector might have dropped it in bringing it with others from the other part of the office—the collectors are men appointed to clear from one part of the office to another—it might also have come as a package, being rather thick, and the pigeon-holes for packages are very near the Temple walk, and it might have dropped on the floor.
MR. CLERK. Q. When the letters are taken out of the bag are they first stamped? A. Yes, and then sorted by the letter-carriers in letter trays—they are then taken to the letter-carriers' table, where they are set up by the letter-carriers for their walks—setting up means arranging them for the convenience of delivery; they do that at their own seats, at the letter-carriers' table—it often happens, when letter-carriers come to set up their letters, that letters belonging to one walk have been included in another walk—a letter from the Temple might be sorted to Paternoster-row, and vice vered—when a carrier finds a letter mis-sorted to him, not belonging to his walk, he ought to return it to a place called the blind sorting table, and then the blind sorter gives it to the proper letter-carrier to deliver.
Prisoners Defence. I had nothing whatever to do with the letter. There is a desk between the Temple walk and the Paternoster-row walk, and two rows of men, and there are two walks nearer to the pigeon-holes than the Temple walk, so that I had no means of getting at it in that way. It might have been mis-sorted to any one of the 150 men in the office. I found the nine 501. notes. Having occasion to go into the City on Monday, 28th January, for some money that was owing to me the previous week, and passing through Lothbury, I found the bundle of notes. I put them in my pocket and kept them till 25th March; then I did try to purchase a watch and chain with one, I must own. The others I gave to Mr. Russell, except the one I gave to the landlady at 29, Euston-square. The gentleman says that he gave a description of the person presenting the cheque; it varied very much from me. He said it was a person twenty-five years old, I am twenty-two; of sallow complexion, mine is fair; with blotches, I have not got any; 5 feet 8 inches, I am 5 feet 10 inches; brown hair, that would do certainly, but then anybody can perceive that I have curls, which would have been put down if they had been perceived. I know nothing whatever about the cheque or the notes presented at the Bank of England. I read the account in the paper, and it stated they were presented by a man of fashionable appearance. The gentleman from Glyn's says it was the personal appearance of the man that made him suspect. I know nothing about the letter stolen, the cheque, or the notes presented at the Bank. The only thing I know about is the nine notes; those I found and have given up, and I am very sorry that I did find them.
WILLIAM SENIOR DEANE (re-examined). I have here an account of the description I gave of the person (producing a handbill)—it describes him as about 24 or 25 years old, 5 feet 8 inches high, a sallow complexion, blotched face, which he had at the time I will swear; brown hair, not particularly dark or light; thin, dressed in a brown or mouse-coloured overcoat or Inverness wrapper, a large pin in his neck cloth, apparently set with a large diamond, and a ring on one of his fingers.
GEORGE RUSSELL (re-examined). I knew the prisoner directly from the description that was given, immediately on seeing him—I did not hear of his having curly hair; still from the general description given I knew him.
MR. DUNSTALL (re-examined). About the time the prisoner left the Post-office on leave of absence he had blotches on his face—he left on 28th
January—he returned after his fortnight's leave had expired, for one day only, and he has not been on duty since—he was absent under the plea of sickness—he brought a great many certificates of illness—I have reason to doubt their genuineness.
GUILTY .— Six Years' Penal Servitude.
There was another indictment against the prisoner for forging the name of Mr. Jones to the cheque.
328. MARY ANN CHESCOW (27) , Burglariously breaking and entering the dwelling-house of Richard Barrett, and stealing a table-cover and a coat, value 30s., his property. Second count, Feloniously receiving the same.
MR. POLAND conducted the Prosecution.
JOSEPH JONES (Policeman, L 151). I was passing through Farringdon-street on the morning of 11th March, about half-past 12, and saw the prisoner there—she was carrying something beneath her shawl—I could not see what it was at the time—I stopped her and asked what she had got, and from what she said to me I took her to the station, where she was searched by the female searcher.
ELIZABETH HARBISON . I am the searcher at the Fleet-street police-station—on the morning of 11th March I saw the prisoner there—I searched her and found on her seven duplicates (produced) they were all together, in an old pocket underneath her clothes—she begged I would not produce the whole of them—she said if I produced the duplicates it would be her ruin—I found 9 1/4 d. in money upon her.
THOMAS CARTLAND . I am in the service of Mr. Livermore, a pawnbroker, of 99, Shoe-lane—I produce a table-cover which was pawned at our shop on 8th March for 3s.—I can't say at what time—it was pawned by the prisoner—this is the duplicate I gave her (produced)—it is in the name of Ann Jones, of 5, New-court.
HENRY JOHN HANKIN . On 8th March last I was in the service of Mr. Lawley, a pawnbroker, at 78, Farringdon-street—I produce a coat pawned at our shop on 8th March, about half-past 11 in the morning, for 7s. by the prisoner—I made out a duplicate and gave to her—it is one of those produced—this is the corresponding one (produced)—it was pledged in the name of Ann Jones, owner and lodger, 8, John-street.
RICHARD BARRETT . I keep a private hotel at 9 and 10, Cecil-street, Strand—this coat is the property of Captain Thompson, and this table-cover is mine—they were last seen by the servant on 6th March, in my house—I can't say exactly when I last saw them, but they were stolen on the 7th, for they were used on that day—I saw them two or three days previous to that in the parlour at No. 10, on the ground-floor—on the morning of 8th March I noticed the window on the ground-floor room; it was shut down—I went to the station, and Inspector Felton came back with me, and we discovered that the catch of the window had been thrown back—that was about 8 o'clock in the morning—the window was shut down—in the condition in which it was, it could have been opened from the outside, thrown back with a knife—I saw some marks where a knife seemed to have been introduced, between the casements—a person from the outside could have opened the window with a very thin knife—I missed this coat and table-cover on the morning of the 8th, and gave information to the police.
Cross-examined by MR. RIBTON. Q. That is all conjecture about a knife? A. I suppose it would be—I saw some marks of a knife or something else—I mean to say positively that I saw the marks of a knife or something else between the sashes—my servant is not here.
The prisoner's statement before the Magistrate was here read as follows:—"A man asked me to go and pledge them. He took the coat off his back in the coffee-shop, and gave me the tablecloth out of his pocket, and asked me if I would pledge them, and I said 'Yes,' and he said he would give me a shilling; the same man gave me the other articles; he gave me a shilling for pledging them. He gave me the ticket and told me I might do what I liked with it. I put it in my pocket. I don't know anything of the man except from seeing him in a coffee-shop in Union-street, in. the Borough. The other tickets are my own property."
The prisoner received a good character.
GUILTY of receiving. — Confined Four Months.
FRANKLIN PLEADED GUILTY .— Confined Twelve Months.
SMITH PLEADED GUILTY .— Four Years' Penal Servitude.
There was another indictment against the prisoners.
NEW COURT.—Wednesday, April 10th, 1861.
PRESENT—Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. RECORDER; and Mr. Ald. DAKIN.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .
Confined Nine Months.
332. MARY BISHOP (62) , Breaking and entering the dwelling-house of Mary Winter, and stealing therein 1 cloak, value 20s., her property, and 1 coat, value 30s., the property of James Simmons; to which she
PLEADED GUILTY .— Confined Eight Months.
PLEADED GUILTY .— Confined Twelve Months.
334. GUSTAVE JOHN PARRY was again indicted for feloniously failing to surrender, after having been duly adjudicated a bankrupt, with intent to defraud his creditors; upon which MR. SERJEANT BALLANTINE and MR. POLAND, who conducted the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. GIFFARD and MATTHEWS conducted the Prosecution.
a large business in old clothes—on Sunday evening, 9th March, he came into my shop and asked me for change for this 5l. Bank of England note (produced) which was not marked—I gave it to him and put the note in a small bag where there was only some gold and a 5l. note, marked "Mariner, Wells-street"—I took the two notes and the gold home that night to Islington, and' also two other notes which were in the cash-box—I locked them in a chest where there were two other notes with names on them—the only unmarked note was the one I received from the prisoner—on 12th March I paid all those notes into the Eastern branch of the London and Westminster Bank, and the cashier marked "forged" on the one which I had received from the prisoner—I then went to the prisoner's premises and asked him whether he remembered changing the note—he said, "Yes"—I asked him if he remembered that he did not put his name on the back of it—he said, "Yes"—I then told him that it was a bad note—he said, "How do you know it is a bad note?"—I said, "I paid it into the London and Westminster Bank, and the clerk says it is a bad one"—he said, "I know nothing about a bad note; the note I gave you was a good one"—I saw him again the same evening, and he said that he knew nothing about the note at all; the note he had he took in business and had given 3l. 10s. in money for it and the rest in clothes; that he took it from three Scotch sailors who had gone to Scotland, and would not be back for a month—I said that I should not wait a month for my money; I wanted my money back—he said, "I know nothing about it," and walked away—I went again, on another day, to ask for my money—he said he knew nothing about the note at all, and still persisted that the note he gave me was a good one—I afterwards gave it to Dunnaway, the officer.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Did he take any means whatever to get the note out of your possession? A. No; I sued him for the money I had advanced on it—I have changed a note for him occasionally—he keeps a shop at which sailors get supplied with clothes; they call it a slop-shop, I believe, in that part of the world—I never had a bad note from him before—I have known him carrying on business there six or seven years—I have carried on business there six years.
MR. GIFFARD. Q. Are sailors supplied with clothes only from his shop, or with various articles? A. With other articles.
Cross-examined. Q. How long have you known him? A. Twelvemonths—I have never changed notes for him before—I know that his shop supplies sailors with everything that they can desire.
MARTIN GEORGE . I keep the City of Carlisle public-house—on 21st March I had a 5l. note returned as forged from my brewers—I showed it to Chapman, who identified it as having received it from Cohen—I sent it to Cohen the same day—I saw it the day it was received; that was ten days or a fortnight before it was paid away—the last time I saw the note was on Sunday—I received the note back on Thursday, the 21st, and it was on the Tuesday before that that the notes were paid away—about a quarter of an hour after I sent to the prisoner, he came to me, and acknowledged the note to be the same—he said that that was his signature on the back, and that he had received it of some sailors in the way of business—a person named Moss was with him—he said that he would pay me 2l., and that Moss would pay 10s. a week—he mentioned an I.O.U.—I objected to that; but Moss said,
"Do not be angry; I will give you my I.O.U. for the payment of the other 3l."—I gave the note back to the prisoner and he kept it.
Cross-examined. Q. How did it end between you? A. He gave me the I.O.U. and 2l.—Moss was standing in the bar—Cohen turned round to Moss and asked him how much he could pay off it, on the ground of his having brought the sailors there who had passed the notes—Moss said that he could not afford to pay 3l., but he would pay 1l. or 10s. a week—Cohen said this openly, and Moss agreed—I have known the prisoner twelve or thirteen years—I never had any transaction with him but what was straightforward—I have changed a great many notes for him before, both fives and tens, perhaps 200 or 300 during that time, and they have all turned out good—he can only just sign his name, and that very badly—this is his signature (on the I.O.U.), and you can scarcely make it out on the note—I wrote the I.O.U. all but the date and his signature—I did not know the signature, and my man was not certain of it, but the prisoner admitted it at once.
MR. GIFFARD. Q. Did he state that openly, without private conversation, with Moss? A. Yes—they both came in together—I do not know that I had ever seen Moss before—I believe he keeps a coffee-shop or boarding house.
JAMES BRAND . I am a licensed victualler, carrying on business in White-chapel—my house is known by the name of "The Skipper," as a Mr. Skipper held it before me—on 9th March, between 7 and 8 in the evening, the prisoner came to me for change for a 10l. note, which I gave him, and put it into my cash-box—neither of us marked it—there were other 10l. notes there, but to the best of my belief they were marked—on 14th March, I paid a sum of money to Messrs. Tanqueray, my distillers, and afterwards got this note produced) from them marked, "Forged"—I believe it to be the same.
Cross-examined. Q. How long have-you known the prisoner? A. About seventeen months—I have changed two or three notes a-day for him.
GEORGE PALMER . I am collector to Messrs. Tanqueray, distillers—on 14th March, I received from Mr. Brand a large sum in notes—there were some 10l. notes among them, one of which turned out to be forged—this is it—I returned it to Mr. Brand—the other notes were all marked with a name at the back.
JOHN MOSS . I keep a coffee-shop at Backchurch-lane—I have known the prisoner about seven years, and dealt with him about three or four years, for little things—I owed him nearly 4l. about four or five months ago, and on the afternoon of 13th March, I was outside his door, and he said, "Well Moss, have you come to pay me any of that money yet"—I said, "No, I am not doing anything, and I cannot pay you just now"—he said, "I thought you had come to give me something; I expect to get into a little trouble about some notes, and you can get me out of it; I shall never forget you; it will be the making of you; I want you to say that you brought me three Scotch sailors, and you must say that they brought me three notes; that each of them bought some clothes, and you saw me give them the change, 2l. 10s. to one, 30s. to another, and 2l. to another, if anybody should ask you"—I said, "Very well, I will do so"—he said, "Good night", and went in-doors, and I walked away—about two days after that he came round to our house after me when I was not at home, but in consequence of what my wife said I went round to him—he said, "Well, Moss, have you got any money yet?"—I said, "No, I cannot get anything to do"—he said, "I suppose you are taking them somewhere else to buy clothes?"—I said, "No"—he said, "Mind you say what I have told you if anybody speaks to you"—he told me to say that I took the sailors home with me, that they
stopped there all night, and left at 5 o'clock to go by the Liverpool Railway—it was the first time that he said that—next Thursday I went round to buy a suit of clothes for a sailor whom I had come home—I was looking out some things, and the prisoner said, "You had better go home and fetch the sailor, and we shall see exactly what he wants"—there was nobody in the shop at that time but he—when I got to the door he said, "Here, Moss, I want to speak to you"—he put his arm under my arm and we went up Rosemary-lane—he said, "You must say, where I am going, if I ask you, that you were the man who brought the sailors to my house to get clothes"—I said, "All right"—we went to Mr. George's public-house, and he said, "I came to pay that note; this is the man that brought the sailors to my house; I took it in the way of business, and I will pay you 2l., and give you an I.O.U. for 3l."—Mr. George said, "Very well," took the 2l., and wrote out the I.O.U., and the prisoner signed it—he was laughing, and he said, "Well, Moss, you will pay something towards it, as you brought me the sailors; can you pay 1l.? can you pay 10s.? can you pay 5s.?—I said, "All right," we had a drop of something to drink, and came out—Cohen got the note from Mr. George, and tore it in pieces—I said, "You should not do that"—he said, "I do not want anybody to know that I have got anything bad about me"—we had a drop of drink, and as we went along he said, "I told you that it would not be any bother to you"—he gave the pieces of the note to his boy, and told him to put them in the fire and burn them—I then went and fetched the sailor who picked out clothes which came to 6l.—we took them away, and I said, "Mr. Cohen you will let him have a little money besides the clothes?"—he said, "Yes, if you will come round by and by I will let you have some"—I signed an I.O.U. for 6l.—I went round in the evening, and he gave me 10s. for the man; then I signed an other I.O.U. for 6l. 10s.—I attended at the police-court when the prisoner was in custody, and made a communication to Mr. Turner, the prisoner's attorney—I did not see the prisoner—all that passed was between me and his attorney.
Cross-examined. Q. I suppose when you entered into this plan you did not intend to betray Mr. Cohen? A. I said I did not mind telling an untruth for him, as he had done a favour for me—I said I would not mind telling a. few lies to help him: and I did not minds it—this was not to get excused my 4l.—I do not reckon any number of lies per pound—I did it as a good turn for him, not intending to get anything by it—I could have had something by it if I had liked, I was offered it—I only did it out of friendship to him—after I had been to the defendant's solicitors in Leman-street, I began to feel that I was wrong—I told this statement to them—Mrs. Cohen came and fetched me—I made this statement with a view to their calling me on the trial—knowing that every word I stated was a lie, I went and made that statement to the prisoner's solicitors—I am thirty-seven years old—I have kept a lodging-house six or seven years—of course I knew, when I went to the prisoner's attorney, what I went for—I told him exactly what Mr. Cohen told me—that was to get him out of trouble; that I might be called as a witness for him—the fit of conscience came upon me when I went home to breakfast—my wife said, "Where have you been?" and I told her—she told me that I should not swear to it—she said, "If you have been telling lies, when you go to the police-court you will have to swear to them"—I offered to Cohen to go and tell a few lies if I should be wanted, but not to the solicitor for the prosecution or for the defence—my wife told me I should do wrong if I went and swore to what I told the solicitor—I first
saw Mr. Freshfield on Saturday morning—Mrs. Cohen came round to our house, and begged and prayed me to go and say what Cohen said—I met Mr. Freshfield just by Arbour-square—that was by accident—I was there and saw him coming along—I made no appointment to meet him, but he had told me to be there at Arbour-square at half-past 10—the first time I saw him was on the Saturday morning—I went to his house, up Leman-street way, and Mrs. Cohen took me to his house—I mean Mr. Turner's house, not Mr. Freshfield's—I am here for the prosecution, because I would not swear to any lies—I was subpoenaed there by that gentleman—(Pointing to somebody in Court)—I first communicated with the solicitor for the prosecution last Thursday or Friday—I was examined at the police-court about three weeks ago for the prosecution—I had told that gentleman before that what Mr. Cohen had wanted me to do—I spoke to the other attorney when I was told to go up to his house by the officer—I do not know how the officer knew anything about it—I have not been taking my wife's advice about my evidence to day—I do not know how the officer knew that I had anything to tell Mr. Freshfield—I swear that—he found me at home, and told me that I had to be there a certain time; at least he told me nothing, for l, was out, but he told ray wife—it was my wife who told me to go to Mr. Freshfield's—she told me so on the night I came home—I had no communication with the officer about it at all—T do not think I spoke a word to him about it before I went to Mr. Freshfield—I swear I did not make a statement to him; nor did he take it down in writing—I have seen him pass my door, but have had no conversation with him—I only knew that I had to go to Mr. Freshfield at the back of the bank—I had made no arrangement for my expenses—If I bring sailors to people who sell clothes I get a commission—I have brought one or two sailors to the" defendant's house, but not thirty or forty, as I dealt with Mr. Harris—I owed Cohen the 4l. because he came and took the brokers out of my house four or five months ago when I applied to him—he has got the paper now, and the I.O.U. for the money—I know a person named Barnett, who used to be his shop mate—I do not know where he is now—he Was not called by the prisoner as a witness at the police-court—I have never seen him here—I had no communication with him—I have not heard from him or seen him—I do not know whether the boy is here who threw the pieces of the note into the fire—I have not seen him—he is the prisoner's son—I have never been in any difficulties in my life.
MR. GIFFARD. Q. When did you first receive notice from any one that you were to go down to the police-court? A. On the Saturday mornings—I do not remember what date it was—it was the same day that I gave my evidence—the solicitor told me to be there at half-past 10, Mr. Turner; on the morning that I went round with Mrs. Cohen, the Saturday morning—I had told Mr. Turner what I now say is untrue—after that I went home to breakfast, and had a conversation with my wife—I then went to the police-court, saw Mr. Turner, and said, "I am not going to swear to what I told you; Mr. Cohen told me to say what I fold you"—Mr. Turner said, "What, are they all lies that you told me?"—I said, "Yes"—I went into Court—the case was called on, and I heard my name mentioned—the officer put me in the witness-box—I had not at that time told anybody but Mr. Turner what I could prove—I was sworn as a witness—nobody asked me any questions—Mr. Selfe was acting as Magistrates—he asked me what I had to say—that gentleman was there—(Pointing to the same person)—it was the second, day that I saw him: I made a mistake—I saw him once, that was
in Court, on the second occasion—I remember signing my depositions and being bound over—I was bound over before I saw Mr. Freshfield at Bank-buildings.
PORTER WILLIAM DUNNAWAY (Policeman, H 129). On Friday, 22d March, I went with two constables to the prisoner's shop—he was standing at the front door—we requested him to come into the back parlour with us, and I said, "Mr. Cohen, I have come to speak to you respecting a 5l. note that you gave to Mr. George, or one of his men, the landlord of the Blue Peter; but, before we go any further, you need not say anything to the questions I ask unless you like, for it is most likely I shall use it against you as evidence, for it is most likely you will be charged for this thing; did you pass a 5l. note to Mr. George, or one of his men, on last Saturday week, the 9th of the month?"—he said, "Yes"—I said, "And that note has been returned to you?"—he said, "Yes j it has"—I asked him where it was—he said that he had destroyed it—I said, "What did you do that for?"—he said because he did not like to have a note, with "Forgery" marked on it in his possession—I said, "Did you change a 10l. note on the same day at Mr. Skipper's?"—he paid, "Yes"—I said, "Did you also change a 5l. note at Mr. Jones's on the same day?"—he said, "Yes, I did; oh, Mr. Dunnaway, I have been drawn into this: I am as innocent' as a new-born babe: the notes were brought round to me by Mr. Moss, who keeps a coffee-shop in Church-lane, with some men, for some money and clothes, and the men ran away"—(I was examined before the magistrate as to this conversation before Moss was put into the box)—I said, "Mr. Cohen, have you got any more of those forged notes about you in the house?"—he said, "No; I have not"—I said, "If you have, give them up, because I shall search you, and also search your house before I take you"—I then saw him fumbling about in his right-hand waistcoat pocket, from which he took out a piece of waste paper—I said, "What have you got there?"—he opened the paper and gave me this 5l., note (produced), saying that that was another of the notes—I said, "Have you any more?"—he called out to his wife, "Bring them other notes down there"—she brought a 5l. note and a 10l. note, and gave them to me in the prisoner's presence—these are them (produced)—I said, "Well, Cohen, what, about these?"—he said, "They were brought to me by my next door neighbour, a man who keeps a fish-shop two doors off, of the name of Warwick, last Saturday night; I saw they were bad, and I called my man to hold the men, and he let them run away; I have kept the notes, thinking to catch the thieves"—I said, "Have you given any information to the police of this affair, or given any description of the men?"—he said, "No"—I said, "That would have been your most proper course to have taken; you must consider yourself in custody, and go with me to the station."
Cross-examined. Q. Did he make the observation about the men running away, in relation to the second lot of notes? A. And the first lot too—he did not say that he remarked that they were like the other lot—he said that he saw they were bad, and called to his man, who let the men run away—I went to Moss's house and left word with his wife for him to be at the police-court—that was in consequence of Cohen having vouched Moss—I did not know him till I saw him at the police-court—he did not introduce himself to me—he was pointed out to me, and I went and spoke to him—I said, "That is right; you are here"—I do not know that he made any reply—I called him, but I did not know what he was going to say at all.
GUILTY .— Ten Years' Penal Servitude.
MR. KEMP conducted the Prosecution.
EDWARD RILEY . I am a servant to Mr. Drummond—about a quarter-past 7 o'clock on the night of last Saturday month, I met Mahony—she asked me to go home with her—I said I would give her 2s.—I went home with her—she wanted some more, and because I would not give her any more, she opened the door and called to Harding to come in—Harding picked up the poker, held it over my head, and said that she would knock my brains out—Mahony held me—Harding held the poker over my head, and took the 9s. out of my pocket—I struggled with them, and tried to get away, and when I got away, they both pitched into me with their fists—I got a constable and gave them in custody—I was perfectly sober—I am quite sure they are the girls.
Mahony. We were both together when I met him. Witness. No you were not.
COURT. Q. When did you give information to the police? A. About a quarter past 9—I got away from the house about five minutes past 9—I did not go back there with the police—they had gone from these, and were in a public-house—a young chap told us they were there.
HENRY ASTLEY (Policeman, F 174). These women were given into custody by the last witness, about a quarter-past 10 o'clock, on the night of 16th March—they were in a public-house, called the Hart, in Newton-street, St Giles'—Mahony had been drinking, but was not drunk—Harding was quite sober, and the prosecutor also—I told the prisoners what I took them for—at the station-house they said they had not got the money—they were searched—nothing was found on them.
GUILTY .— Confined Six Months each.
337. GEORGE HARRINGTON (17), JOHN MANSFIELD (17) , Stealing 1 knife, and 1 shirt, value 4s., the property of Thomas Gregory, and 1 jacket, 3 shirts, and other articles, value 36s., the property of John Gregory, in a port of entry and discharge.
MR. LEWIS conducted the Prosecution.
JOHN HARRISON (City-policeman, 242). I took Harrington in custody, and took him to the station—Gregory said something to him in my presence—he was searched and the knife was found on him—he was wearing this shirt when they were identified—he said, "I know nothing about it."
JOHN DALEY (City-policeman, 252). Mr. Gregory gave Mansfield into my custody in Holborn—I took him to the station, and the shirt and stockings which he had on were, identified—he gave his address, 6, Union-court, Holborn—I went there and found some flour, and plums, and other articles, which were identified in the prisoner's presence—I then gave them up as they were perishable.
JOHN GREGORY . I am mate of the Juno, which is lying in Whitefriars-dock—the cabin was broken into on 29th March—I discovered it at a few minutes before 11—no one had been left on board to take care of her—I missed all my clothes and my father's, also some beef flour, plums, and other
articles—these articles have my name upon them; the others are my father's—I have seen the prisoner several times about the dock—I saw them about 3 on Good Friday afternoon, when I was moving my barge to the wharf.
Harrington's Defence. I bought the shirt and the knife.
Mansfield's Defence. I bought the shirt and stockings of a boy, from Field-lane Ragged-school.
HARRINGTON— GUILTY .— Confined Six Months.
MANSFIELD— GUILTY .—He was further charged with having been before convicted.
WILLIAM BARWICK (Policeman, 138 F). I produce a certificate.(Read; "Clerkenwell Sessions, January, 1861; John Mansfield convicted of stealing 2 books.—Confined Two Months.") I was present—Mansfield is the person.
GUILTY.— Confined Twelve Months.
HENRY CATLIN . I am shopman to Joseph Lynes, of 80, Bishopsgate-street—on the night of 12th March, I saw a coat safe about twenty minutes to 9 o'clock, and missed it at a quarter to 9—it was my master's property.
GEORGE DAVIDSON . I am a printer, of 51, Bookham-street—on the night of 13th March, I was coming out of the next house to Mr. Lynes', and saw the prisoner take the coat—I caught hold of him, and said, "You vagabond, you have stolen a coat"—he tried to get away, but I kept hold of his collar, and when he had got about a dozen yards, he passed it to somebody else, and gave me a blow in the face, and they both got away—I caught prisoner again, and two or three times altogether, but he got away eventually.
DAVID ROBERT JONES . I was in Union-street—heard a cry of "Stop, thief!" and saw the prisoner running, followed by a crowd of persons—I saw person attempt to stop him, but the prisoner knocked him down—I caught hold of him by the collar—he struck me three or four violent blows on the side of the head, and threw me against the shutters—somebody said, "Hold him fast; he has stolen something"—a policeman came, whom he also struck, and threw himself down—he kicked me violently on the thigh—he was taken to the station.
CHARLES BARRETT (City-policeman, 644). I went to Jones's assistance, and took the prisoner—he was very violent—I believe his drunkenness was put on, as he did not show it till he got to the station—he was able to run.
Prisoner. I was in liquor or, and know nothing about it; I am guilty of the assault, but not guilty of the theft.
GUILTY .— Confined Eight Months.
THIRD COURT.—Wednesday, April 10th, 1861.
PRESENT.—Mr. Ald. SIDNEY; Sir FRANCIS GRAHAM MOON, Bart Ald; Sir ROBERT WALTER CARDEN, Knt. Ald; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MESSRS. PAYNE and COLERIDGE conducted the Prosecution.
SOPHIA CHURCH . I am barmaid at the Rose and Crown public-house, Marylebone—on Thursday afternoon, 14th March, Monday came in for half a quartern of gin, about 3 o'clock; it came to 2 1/4 d—she gave me a shilling, and I gave her the change—I put the shilling in the till—there was no other shilling in there at that time—I am quite certain of that—shortly afterwards, Hawkins came in, and said to Monday, "Lend me a shilling"—she said, "The children require the shilling more than you do"—she lent him the shilling, and he then asked for a quartern of gin, which came to 4 1/2 d.—he gave me the shilling which Monday bad lent him—I pot it in to the till and gave him the change—I had not put any other into the till after the one that the woman had given me—he then asked Monday to lend him another shilling—she gave it him, and said that would be the last—he asked me for a quartern of gin, and threw that shilling on the counter—I drew the gin—I tried the shilling in the detector, bent it, and found it to be bad—a young man at the bar asked me to give it to him, and I did—I did not get it back—it was dropped on the floor—I then went to the till arid took out a shilling, tried it and found it bad, took it into the back parlour, and gave it to Mrs. Roberts, the landlady, and I saw her give it to Mr. Roberts—I then went back to the bar—Mr. Roberts went to the private bar—I saw him stoop, and he picked up a bent shilling—that was where I had given it to the young man—I am certain that it was the same shilling that I had put Into the detector and bent before—Mr. Roberts then gave Munday in custody.
COURT. Q. When you found the first shilling was bad, did you say anything? A. I said to the man, "Do you know what you have given me?"—he made no answer, and Mrs. Roberts sent for Mr. Roberts—after both the prisoners were gone, I went to the till again, and found the third shilling—I tried it, and found it was bad—I gave it to Mrs. Roberts, and she gave it, in my presence, to Mr. Breewood.
Hawkins. I was intoxicated. Witness. You were in liquor, but not drunk—I have seen you there frequently—I have never known you pass any bad money there before—you asked plainly for it—you could speak.
JOHN ROBERTS . I am the landlord of the Rose and Crown—on Thursday afternoon, 14th March, I was in the parlour—I saw the prisoner in the bar—I was called by my wife—she said, "Roberts, they have passed two bad shillings; lock them up"—they could hear that—I went round, and looked in at the door, and picked up the shilling at she woman's feet—it was a bent shilling, and Miss Church recognised it—there was a young man there, standing by the side of Munday—I put that shilling on the counter, and my wife gave me the otter one over the counter—I sent for; a police-man, and gave the woman in charge, and gave him the two shillings—I also had the third shilling—I went to the police-station with the women—the man went away directly afterwards; and the last shilling was found in the till, and Miss Church gave it to Breewood, who ran after him, and gave him in charge—I left the man in the room—I did not give him in custody—he was brought to the station, in custody, while I was there.
ELIAS BREEWOOD . I am an upholsterer—on Thursday, 14th March, in the afternoon, I was at the Rose and Crown—I saw the prisoner there—I saw the barmaid take several shillings—I saw her take one and give it to a young man—the young man asked her to allow him to look at it—she had then bent it in the detector—he was looking at it, and said, "Why, everybody could see this is a bad one," and then Munday snatched it out of his hand—I cannot say whether it fell on the floor—I did not see it; I was not
on that side—Munday was then given into custody—Mrs. Roberts gave me a shilling after that—I ran down to the station-house to give it to the policeman, and met the policeman on the road, and gave it to him—I have seen the prisoners frequently together; once or twice—Hawkins was in liquor, but not so drunk but that he could know what he was doing.
WILLIAM COOPER (Policeman, D 138). On Thursday, 14th March, I was called into the Rose and Crown public-house—I took Munday into custody there—the landlord gave me these two shillings (produced)—Mr. Breewood afterwards gave me this other shilling (produced).
CHARLES ESCOTT (Policeman, D 333). From information I received, I took Hawkins in custody on Thursday, 14th March—I do not know whether Munday was then in custody—I took Hawkins at the Green Man public-house, in the Edge ware-road—that was from information I received from Mr. Breewood—I told him I wanted him for uttering two bad shillings in Bums-street—I did not know the name of the public-house—he said, "I borrowed a shilling of the woman, and when I found it was bad, I threw it away—I took him to the station, searched him, and found a bad shilling in the lining of his coat; not in his pocket—I told him that I had found it—he said, "I did not know I had it"—6 sixpences, a shilling, and 1 3/4 d. in copper, all good money, were also found on him.
COURT. Q. Was he drunk or sober? A. He was a little the worse for liquor—he knew what he was about,
Hawkins. You told me the next morning that I did not know what I was doing.Witness. No, I did not—you did not ask me where I had taken you; whether I had taken you at home or not.
Hawkins' Defence. I did not know they were bad—I had them from this woman; she said she had taken them at her work—I am in the habit of working hard for my living.
GUILTY .— Confined Nine Months each.
MESSRS. PAYNE and COLERIDGE conducted the Prosecution.
SAMUEL WHITE (Policeman, K 471). I produce a certificate (Read): "Central Criminal Court, May 7th, 1860—Elizabeth Abrahams, convicted of unlawfully uttering counterfeit coin—Confined Six Months"—I was present at the trial—the prisoner is the same person.
CATHERINE STAUB . On Sunday, 17th March last, I was at my sister's, Mrs. Banks, who keeps a shop at 9, Half Moon-street, Bishopsgate-street—the prisoner came and asked for 2 oranges—I served her—she gave me a shilling; I laid it on the counter while I gave her change—after I had given her change I put it in the till—there was no other shilling in the till—I did not see my sister, Mrs. Banks, take the shilling afterwards—my brother, John Banks, was there—we went out together afterwards to look after the prisoner.
COURT. Q. Then she had gone away? A. Yes; my sister found out that it was a bad shilling.
ELLEN BANKS . I am a sister of the last witness—on 17th March, I tried a shilling that was given me by my sister—I had seen her take it from the prisoner—I tried it two or three minutes afterwards—I bit it, and found it bad—I gave it to my brother-in-law, and he and my sister went out after her—they did not find her—on 21st March, the prisoner came again, and asked the price of the oranges—she bought one, the price of which was 1/2 d.—she gave me a shilling—I bent it, and found it bad—I said, "You good for
nothing, you came on Sunday, and changed it very easy, and you thought you would come again"—she said, "I have never been in your shop before"—I am sure she is the same person that came on the previous evening—I sent for a constable, and gave her in custody with the shilling—I gave the former shilling to my brother-in-law—he gave it me back, and I gave it to the officer.
JOHN BANKS . On 17th March last, I was at my sister's—she gave me a shilling—I went out with my wife to find the prisoner but did not find her—I kept the shilling in my pocket till the Thursday, till she came in with soother bad shilling—I afterwards gave it back to my sister.
JOHN STOBBAR (City-policeman, 626). I took the prisoner in custody—Mrs. Banks gave me these 2 shillings (produced)—I told the prisoner what I took her for—she said that she was not the party that tendered the shilling on Sunday, the 17th—I asked her address—she refused to give it—she was searched—nothing was found on her.
GUILTY .**— Four Years' Penal Servitude.
MESSRS. PAYNE and COLERIDGE conducted the Prosecution.
SARAH BETJEIMANN . I keep the Crown public-house in Rupert-street—on either Thursday, 21st, or Friday, 22d March, after 8 o'clock, the prisoner came into my bar, and asked for half a pint of ale, which came to 1 1/2 d—she gave me a florin—I gave her change—I put the florin in the till—there was no other—I had emptied the till a few minutes previous—the prisoner went out—I then went to the till, took out the florin, put it in the detector and bent it—I then put it by itself in the cash-box—on Wednesday, 27th March, the prisoner came again, in the evening—I was sitting in the bar parlour—I saw her come in, and knew her immediately—my daughter was serving—shortly after, my daughter brought me a half-crown, which she tried—it was bad—I went into the hex—I said to the prisoner, "This is a bad half-crown; you brought me a bad two-shilling piece last week"—she said, "I did not bring you the bad two-shilling piece"—she merely said about the half-crown, "Is it bad?"—I then sent for a constable, and gave her into custody—I gave the half-crown and two-shilling piece to the policeman.
ANNIE ELIZABETH BETJEIMANN . On the evening of Wednesday, 27th March, between 8 and 9 o'clock, the prisoner came to our house, and asked for a pint of ale—I served her—she gave me a half-crown—in consequence of something that my mother had said to me, I tried it in the detector, and it bent—I gave it to my mother—I said to the prisoner, "It's a bad one"—she said, "Oh! is it bad?—she was then given into custody.
FRANCIS KELLY (Policeman, H 130). In consequence of information I received, I took the prisoner in custody at the Crown public-house, Rupert-street—Mrs. Betjeiman gave her in charge, and gave me this bad florin (produced), and this bad half-crown (produced)—she said "I give her in charge for now passing a bad half-crown, and last week a bad florin"—I asked the prisoner her address—she gave her address, 17, Backchurch-lane—I went there, but she was not known apparently—nothing was found on her.
GUILTY .— Confined Six Months.
MESSRS. PAYNE and COLERIDGE conducted the Prosecution.
HENRY ASTLEY BOORD . lama tobacconist—on 18th March last, the prisoner came into my shop, 42, Lombard-street, at half-past 4 o'clock, and asked for a threepenny cigar—he gave me in payment a counterfeit half-crown—I gave him the change—he went away—immediately after he was gone, I looked at the half-crown, tried it, and found, by the appearance and feel, that it was bad—I had not put it with any other money—I showed it to my partner, and ultimately gave it to the policeman.
WILLIAM CLEVELEY . I am in partnership with the last witness—I saw the prisoner on 18th March—I was present when he asked for the cigar—I saw him give the half-crown in payment—on 26th March, just before 5 o'clock in the afternoon, he came and asked me for a cigar—he put down a counterfeit half-crown—I told him it was bad—he said, "Give it me back"—I said, "No"—I did not give it him back—he then gave me a good florin—I gave him the change—I gave both the half-crowns to the policeman—I took the one from where Mr. Boord had placed it.
JOHN CLARK (City-policeman, 548). The last witness gave the prisoner into my custody on 26th March, and gave me these two counterfeit half-crowns—I searched the prisoner, and found on him five florins, six shillings, two sixpences, and 4 1/2 d. in copper, all good money—I asked him his address—he said that he refused to give his address.
COURT to WILLIAM CLEVELEY. Q. Did you give a third bad half-crown to the policeman? A. Yes—we found it (produced) in the till directly after the prisoner had left—that was about ten days before.
Prisoner's Defence. I think it very possible that some one else may have given them those bad half-crowns; if I had them, I must have received them in change for a sovereign which I changed.
GUILTY .— Confined Twelve Months.
343. BRIDGET SHEEN (24), and TIMOTHY SHEEN (24) , Maliciously inflicting grievous bodily harm upon Thomas Lapthorn, a police-constable, in the execution of his duty.Other Counts, for assaulting Thomas Knott; to which
TIMOTHY SHEEN PLEADED GUILTY .*— Confined Nine Months.
BRIDGET SHEEN PLEADED GUILTY .— Confined Three Months.
OLD COURT.—Thursday, April 11th, 1861.
PRESENT—Mr. JUSTICE WILLIAMS; Mr. Ald. SIDNEY; Mr. Ald. PHILLIPS; Mr. Ald. DAKIN; and MR. COMMON SERJEANT.
Before Mr. Justice Williams.
MR. METCALFE conducted the Prosecution.
JANE MARTIN . I am the wife of Joseph Martin, a labourer, and live at 5, Howard-road, Hornsey,—on 18th January, the prisoner came to my house—she told me that she was ill—I put her to bed—I had seen her twice before, of a Sunday afternoon—I do not keep a lodging-house—I was staying with my mother—I do not know how she came to come to us—I did not exactly know where she lived—she had been living in service up to that time—I asked her for the keys of her box to open it—she said she
had dropped them in the cab—she had come with her box in a cab—I found the keys in the pocket of her gown, after I had put her to bed—she appeared to be very ill at the time—I told her I had found the keys, and I was going to open her box—she said, "No"—she did not appear to want me to open it; she said so—I did open it, and there just saw the dead body of a child—it was in the box, with one of her gowns laid over it; it was folded up smoothly over it—I sent for Mr. James, and when he came, I showed him the box.
Cross-examined by MR. TINDAL ATKINSON. Q. She was very ill, was she not? A. Yes, and continued very ill afterwards—I was afraid she would die—at one time her death was expected almost every hour—she was utterly prostrate when she was brought in from the cab; she was obliged to be lifted out of the cab.
JOSEPH JAMES . I am a surgeon, and live in Nelson-terrace, Stoke Newington—I was called to the house of the last witness on 18th January, about half-past 10 in the morning—I found the prisoner there in bed—she was flooding frightfully; the after-birth had not been removed—I first attended to her, and was then shown the child's body in a pie-dish in the box—it was dead—it was a full-grown child—I found a scar on the forehead, an abrasion of the skin—it was a recent one—it was a tearing of the skin, about the size of a shilling, as if it had been rubbed against something, or as if it had fallen on the ground—I discovered that the throat was cut—it was a superficial cut on the left side, and deep on the right side, cutting even into the bone—it cut through the windpipe and gullet—those were the only marks I saw—next day I made a post-mortem examination with the assistance of Dr. Horner—the lungs were fully inflated—I should say the child was born alive—I judged sp from the lungs being inflated—I found no blood in the body; it was perfectly bloodless—the umbilical cord or navel string had not been tied—I should imagine the child had been born a few hours; the after-birth was still attached to the woman—the umbilical cord not being tied, there would be hemorrhage from that, from the child—supposing the umbilical cord to continue untied for some little time, the flow of blood would be quite sufficient to cause the child's death—the throat being cut might also have caused death—it would be quite sufficient to account for death—I cannot say from which of those two causes death ensued.
COURT. Q. Was there anything about the wound, or the appearance of the flesh, which would enable you to say whether the cut on the throat was made before death had ensued from the hemorrhage? A. It is utterly impossible to say—it might be cut immediately before or immediately after death, with the same appearance—it may have been that the death ensued from the hemorrhage from not tying the umbilical cord; and the cut of the throat may have been after death—it must have been immediately after death—it may have been made immediately after death had ensued from the flowing of the blood from the navel string—it must have been done by a sharp instrument.
Cross-examined. Q. I suppose the abrasion might have resulted from the child falling from the body of the mother? A. Yes—I do not know the prisoner's age—I should say she was about seventeen or eighteen.
THOMAS HORNER . I am a surgeon, and live at 9, Spencer-road, Stoke Newington—I assisted Mr. James in the post-mortem examination of the child—the muscles on the right side of the throat were cut completely through—I have heard Mr. James' evidence—I agree with him that death
might have ensued either from the non-tying of the navel string, or from the cut in the throat.
COURT. Q. Was the wound in the throat such as might have been made with a sharp instrument? A. I do not think it is possible for the wound to have been done, unless by a sharp instrument—I have no means of knowing whether the wound in the throat was caused before or after the hemorrhage from the navel string.
Cross-examined. Q. The child had evidently been born without professional assistance? A. Yes—I have had considerable experience in cases of child delivery—I had no means of judging whether this was her first child—Mr. James would be a better judge of that.
GUILTY of concealing the birth — Confined One Year.
MR. M'DONNELL conducted the Prosecution.
FRANCES PAPWORTH . I am the prisoner's mother—I reside at 33, Wells-street, Mile-end New-town—about the middle of March last, I went into one of my bed-rooms and saw some blood on the floor—I spoke to my daughter about it—she did not say anything about it—I afterwards saw under my table a pail with some clothes in it, stained with blood—I spoke to my daughter about it—she said, "Mother, I will wash them"—on 19th March, I went upstairs with my sister to one of the bed-rooms to look for a cape, and put my fingers on the body of a child in a box—I sent for Dr. Champney—he did not come, and I sent for Dr. Edmunds—I then spoke to my daughter, and said, "Emma, what does this mean?—she said, "Don't ask me, mother"—my daughter is nineteen years old on 5th November next.
Cross-examined by MR. COOPER. Q. Was the box in her bed-room? A. Yes—it was a box in which she kept her things—it was on the top of another box—I opened the box myself to show my sister a cape belonging to my daughter—my daughter did not know I was going to show the cape—I did not know that my daughter was in the family way—I never had a suspicion of it—I wish I had known it; my daughter should not have been here—I do not know that my husband knew of it.
ANN ROBINSON . I am sister-in-law to the last witness—in March last I went with her into one of the bed-rooms to look for a cape, and saw a baby lying in a box on its back—there was no covering over the face—the prisoner was not in the room whilst I was there—I did not ask her any questions after I had seen the child; she said nothing to me—I met her on the stairs, and she said, "Aunt, what is the matter with you?"—I said, "Emma, don't ask me"—we then came up into the bed-room, and I left her there talking to her mother—she said nothing to me as to who was the mother of the child—the mother asked her several questions, but I did not hear her answers.
JAMES EDMUNDS . I am a member of the College of Surgeons—on 19th March I was sent for to Mrs. Papworth's—my assistant went, and I went at 9 next morning—I saw the body of a female child—it was of full mature growth—it was lying in a box on its back, on a petticoat, and covered by a silk cape—I afterwards visited the prisoner, two doors off—I examined her breasts and abdomen and found that she had been recently delivered—the
box the child was in was an air-tight box—it might have been there two or three weeks—the body was marvelously little decomposed for such a time—it might have been two or three weeks old—I forbore to ask the prisoner any questions—she told me she had thrown the after-birth down the water-closet.
GUILTY — Confined Two Months.
MR. M'DONNELL offered no evidence, the Grand Jury having thrown out the bill.
NOT GUILTY .
MR. LEWIS conducted the Prosecution, and MR. BEST the Defence.
GUILTY of the attempt. — Confined Twelve Months.
MR. PARK conducted the Prosecution.
GEORGE STEER (City-policeman, 175). On the night of 9th January last, about 12 o'clock, I was passing through Flower and Dean-street, Spital-fields—I was in plain clothes—I had been off duty all the evening, and was going home—I live at the station-house in Moor-lane—when I had got about thirty yards down Flower and Dean-street I saw the prisoner and four other men standing on the opposite side of the way—I looked at them very hard—I passed by them a few yards, and then heard some footsteps behind me—I looked round and saw the prisoner and the other four men coming towards me—I took no notice, but was walking on, when the prisoner immediately put his arm round my neck from behind me, and pulled me back on to his knees and held me there some few minutes, till the other four men had taken my purse out of my right-hand trousers' pocket—I am quite certain that my purse was there—it contained a sovereign, two half-crowns, and a shilling—the prisoner hurt my throat very much indeed, and twisted my back by turning me back on to his knee so suddenly—they tore open both my trousers pockets, and tore my trousers down to my knees; and they ripped open my coats, but did not injure them—as soon as the prisoner saw that they had taken my purse, he immediately let go of me and ran across the road into a court—I made the matter known to the police-officers there, and waited about for two or three hours to see if I could see anything of the men—I then went to the station—this happened close against a shop window which was lighted up with gas at the corner, and there was a gas lamp on the opposite side of the way—I did not see the prisoner again until he was brought to Moor-lane station on 28th March, on another charge—I then immediately recognised him as the man.
Cross-examined by MR. COOPER. Q. You had never seen him in the interval? A. No—he was then alone; at least between two officers—I was just going to bed as he was brought in—this robbery occupied about two or three minutes; the seizing of me, and the whole thing—the street is very narrow—I believe the prisoner had on the same cap that he has there now, a cap with a peak—the peak did not go over his eyes, it came out straight—he had on the same coat that he has now—it is a very common kind of coat.
COURT. Q. Had you ever seen him before that night? A. Not to my knowledge.
CHARLES BAKER (City-policeman, 95). I apprehended the prisoner on 28th March at a public-house, at the corner of Fashion-street, about another matter—I took him to the Moor-lane station—after he was charged he was taken into the backyard to the lock-up—Steer came to the yard, and as soon as he saw the prisoner he said, "That is the man that robbed me."
Cross-examined. Q. Did he see him between two constables? A, Between me and another one—I knew him well—he gave his correct address, 12, Lower Keate-street, Spitalfields.
NOT GUILTY .
NEW COURT.—Thursday, April 11th, 1861.
PRESENT—Mr. Ald. CHALLIS, Mr. Ald. SIDNEY, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .*— Four Years' Penal Servitude.
350. JOHN ROBINSON GIBSON (46) , Embezzling the sum of 100l., a cheque for the payment of 60l. 11s., and a cheque for the payment of 3l. 5s., the property of the Eastern Counties Railway Company, his masters.
MR. SERJEANT BALLANTINE and MR. ATKINSON conducted the Prosecution.
MR. SERJEANT PARRY. Q. Were not the terms of his engagement entered in the minute-book of the Company? A. Yes—this (produced) is the minute-book—this minute of 30th June, 1853, is correct—it is not in my writing—I saw it as soon as it was made—the book is in my custody and keeping—I was secretary at the time—it contains the terms of the prisoner's engagement at the meeting of the Board on that day—(This was: "In reference to the minute of the Board of 23d March last, it was resolved; that Mr. John Robinson Gibson be appointed the Company's land agent, at a salary after the rate of 200l. from the 16th instant, and that he find security for 300l.")—the minute of 23d March is in this book—(Read: "The increased parochial assessments being brought before the attention of the Board, it is desirable to take steps to secure the services of a person whose knowledge and experience could be brought to bear upon the excessive demands brought against the Company by the parish authorities, and it is resolved that the services of Mr. Thomas Hall be dispensed with, on 20th July next.")
MR. ATKINSON. Q. What were his duties when he entered upon his employment? (MR. SERJEANT PARRY objected to this question, as the prisoner's duties would be defined by the agreement, he therefore objected to any parol evidence. THE COURT admitted the evidence, but took a note of the objection.) A. His duties were to collect and account for the rents of the Company's houses and surplus properties; also to examine all claims which might be made on the Company, for rates and taxes of every description, to certify as to the correctness of those claims before submitting them to the Directors for payment.
MR. SERJEANT PARRY. Q. Did you make any such statement to him? A. I never did. (Mr. Serjeant Parry objected to this, as tile witness was only
stating what he believed to be the prisoner's duties; whereas it was necessary to prove that his duties were brought to his personal attention. THE COURT could not exclude the evidence.) As land agent he collected the Company's rents, and took instructions from the Directors when property was untenanted, as to letting it—when he collected the rents it was his duty to account for such monies as he received—this (produced) is his cash-book which he used to keep with regard to the surplus property—it was no part of his duty to pay money for assesments—when he received money it was his duty to pay it over to the cashier—I know his writing sufficiently to say that these entries are his.
Cross-examined by MR. SERJEANT PARRY. Q. Was there a book called the rental book which the Company kept? A. There were four rent-books—the average amount that he had to receive was, I should think, about 8,000l. or 9,000l. a year—I cannot say that it did not amount to more—there was a book between the prisoner and the Company, in which he was debited with the whole of these rents in bulk—he kept the little books himself; they are here—they form part of the system—they were not his private property—he was not debited with all the rents of the Company—I believe there was also a ledger in which each individual is debited by name—these (produced) are the rent books, with the names of the tenants according to the district—I have seen no book between the Company and the prisoner in which he is debited with all the rentals as a private individual, in which he wrote off from time to time from the rate-book by order of the Company those that were not received—I know what you mean, and I have not seen such a book—it does not follow that I should see it in the course of business—it ought to be laid before the Directors if there was such a book in existence, and the auditors would see it if they called for it—if there was such a book the accountant would know—I cannot be supposed to know one half of the books that are kept—a balance-sheet was drawn up each half-quarter—the prisoner was not debited as an individual with the arrears—there must be more books, which I have not seen or heard of—if the prisoner constantly paid rates out of the money of the Company, he had no right to do so—I never heard a single instance of his having paid claims made on the Company for rates and taxes, out of the monies received by him on account of rents—I am always present at the Board of Directors—it is part of my duty—I have no recollection of being present when the prisoner's accounts have been discussed; and when receipts have been produced in his behalf for rates, they have been allowed him by the Company—I have no recollection of any amount of payments made by the prisoner out of money received for the Company, or of the amounts being connected and initialed by the Directors, and it could not be done without a minute—I have never known a single instance of its being done—this first entry, 15l., may be-allowance for water rate, but I do not read it so—the column is headed "Arrears due, Christmas, 1859, 15l."—there is a blank space, and in that is "Allowance for water rate"—the construction I put upon that is, that when the person who is debited, pays the arrears a certain allowance has to be made for the water rate—I can only take the thing as it stands—every column is headed except the last, which is for memoranda.
Q. Look at the column, "Allowance for sewers' rate," are you aware that that is a landlord's tax? A. I presume that the landlord would deduct it if the tenant produced his receipts—the first memorandum here is "John Bentley, occupier of 3, Bishopsgate-yard"—in the first place here is put the annual rent, and as the rents fall due at the different quarters he is debited with every quarter, and any cash which may be paid he appears to have
credit for; in this blank column the entry is from 25th March, 1860; my construction is that John Bentley took possession on 25th March, 1860, although the book began at Christmas, 1859—I presume, therefore, that there was a tenant prior to the property coming into his possession—here is "Allowance for sewers' rate, 60l."—that I understand to mean that when the rents are paid by the tenant if he produces his receipt for the sewers' rate it would be allowed—I never heard of the prisoner having paid rates out of the monies he received for the Company—I do not know whether he has or has not paid insurances out of the monies he received from the Company—I do not know whether the cashier would know better than I—if the prisoner paid insurances in that way, he had no right to do it—I cannot say, without referring to the book, whether the amount insured is 200,000l. or 250,000l.—it was not his duty to pay compensation at times for accidents that happened on the line—I believe it is very likely that he has on one or two occasions settled claims which have been made against the Company for accidents to cattle, or some other claims which occurred in the country; but in those cases he has not been authorised to pay it out of the monies received—the money has been given to him for the purpose—I know of no such instance authorised or unauthorised—he used not to pay money to the accountant, but to the cashier—he paid to nobody else—before the appointment of a cashier there was a treasurer, which was tantamount to the' same office—he used to pay monies to the treasurer, and when the treasurer's office was dispensed with, the cashier's office became tantamount to the same thing—he did not pay money to the accountant, or to the accountant's department, to my knowledge—this "Received by permanent way" means that he has debited himself with a rental which he was not justified in doing, belonging to another department—all these items of rent in these books are debited to him—I do not know whether there are other entries, I have not examined the books to see—these are the books from which he collected the rents—he, or a clerk in his office prepares the forms—he must release himself from his debits, either by cash which he pays, or by showing that some other department has received the money—I do not know what this "Account department" means; it is a memorandum—this 150l. would not go to the account department—I cannot tell you the meaning of an entry which I have not made myself—I do not see how the account could explain it—I should think the party who made the entry would be the best party to explain it—I do not know who made it.
Q. Did the prisoner, in the course of business, write under the column head-" Cash" the cash he had received? A. It is not in his writing—I do not know whose writing it is in—it was his clerk's duty to keep that book—it would be written in the land agent's office of which he was head—it appears to be after Midsummer, 1857—the cash-book is kept by him with the exception of one or two entries—there is no entry in the cash-book of this 150l.
COURT. Q. If such a memorandum as that was there, would that exclude it from his cash-book? A. No: in this very instance he debits himself with having received this money—here are two other items on this page, of 7l. 10s. and 15l.—there is no mark of date—the persons who keep these books are the Company's servants—I cannot say that I know what this charge to the account department means—I should say that the account department has not received the money, because the accountant is not an authorized person to receive the money—I cannot undertake to say that the accountant did not receive it, whether he was authorised to do so or not; but it is no part of the accountant's duty to receive money—Mr. Wadely is the accountant—he has been so many years—he was accountant at the time we are speaking of.
MR. SERJEANT BALLANTINE. Q. You say that his duty was to account at the cashier's office for the rents he had received? A. Yes; a book was kept between him and the cashier—I do not know that it had any name—it was a memorandum-book—with the exception of that book and the cash-book there were no other books existing between him and the cashier for the purpose of account—it contained his payments—the other books were kept in the office under the superintendence of the prisoner and his clerks.
MR. SERJEANT PARRY. Q. Was he a solicitor before he came to you? A. Yes; I believe he was engaged on account of his legal knowledge upon parochial matters.
MR. SERJEANT BALLANTINE. Q. Was that why you changed your arrangement? A. Yes.
EDWARD PITT EWELL . I am a banker of Yarmouth, in partnership with Sir Edmund Lacon—we rent premises of the Eastern Counties Railway which were formerly occupied by Andrews, brothers—on 22d August I went to the office at Bishopsgate station—I believe the prisoner to be the person I saw—I paid him a 100l. note, and he gave me this receipt—(Read "Eastern Counties Railway, Land Agent's Office, 22d August—Received of Messrs. Andrews, brothers, 100l. for one and a quarter years' rent, of ship-building yard and sheds, at Lowestoft, due Michaelmas, 1860—J. Robinson Gibson.")
Cross-examined. Q. How was it received of Andrews, brothers? A. We purchased the firm of Andrews, brothers, and found a year and a half's rent in arrear, which we paid—it was rent due from Messrs. Andrews.
JOHN UDALL . I am a clerk in the employment of Depree and Austen, 23, Laurence-lane—they rent premises of the Eastern Counties Railway—on 6th September, 1860, I saw Mr. Depree go into the office—I did not see him give anything to the prisoner—the prisoner applied for the rent—he asked if either of the principals were in, and was taken into Mr. Depree's room, and came out again—I produce the cheque and receipt—on 7th September, 1860, the prisoner applied for more rent, and went into Mr. Austen's room.
Cross-examined. Q. Anything that passed between Mr. Depree and the prisoner you are unaware of? A. Yes; I only saw him go into the room.
WILLIAM JAMES ROBERT SAVAGE . I am managing clerk in the office of Maurice, Stone, Townsend, and Maurice, of Moorgate-street—on 7th December the prisoner was indebted to a client of our's—I do not know exactly how much—I know that he was being sued (he had come to our office, and was served with a copy of the writ)—I do not recollect whether he said anything to me—he spoke to our managing clerk in my presence, and produced this cheque for 31l. 5s.—I do not know the signature—I paid it in to the London Joint Stock Bank on 8th December—I cannot swear that this is the cheque—we received other cheques that day, but not of the same amount—I have no doubt this is the same—it was in part satisfaction of the debt and costs—he paid other money at the same time, 50l. odd—it was for a butcher's bill.
WILLIAM ELLIS . I have been cashier to the Eastern Counties Railway Company for about twelve months—I know the prisoner—it was part of my duty to receive monies from him—he had a book in which he kept all money received for the rents of the Company—this is it—this red book is the one in which I used to give my receipt for monies he paid me—it was not part of my duty to look at the other book that he kept—that was his book—this little book contains vouchers for money paid to me by him, and each payment has my initiate—I have looked in this red book for the purpose
of seeing whether my receipt is there for a sum of 100l., purporting to have been received for rent at Yarmouth on 22d August—it is not there—the book is in the prisoner's writing—I find 25l. entered in the cash-book on 22d December, 1860, in his writing, received from Andrews, of Lowestoft—it is "J. Andrews, rent of yard at Lowestoft, 25l."—there is no credit for Andrews for the Lowestoft yard, between 22d August and 22d December subsequently—I do not find any receipt in this other book for 60l. 11s. on 6th September, from Depree and Austen—there is no amount of the kind, or of 31l. 5s. on 7th December, 1860, or the beginning of December.
Cross-examined. Q. Are the entries in the cash-book made by clerks under the prisoner? A. Here is a writing which is not the prisoner's—I can see one entry that is not his—they are all his but one, that I can see—he accounted to me about once a fortnight—it was sometimes once a month—I do not know that he accounted to anybody else—I do not know that he has collected rents and paid them at the accountant's office—I do not think the accountant is here—I have been sixteen years in the Company's employ, and have been cashier twelvemonths on the 1st of May next—I am not aware that any one was in the habit of receiving monies from the prisoner but myself—Mr. Batten is my clerk—he has received money and handed it to me when I have been out of the way—I have six clerks; they would receive money from the prisoner when I am out of the office, and it would be their duty to hand it to me—my office is the only place that the prisoner would account to, and he generally accounted to me—I think you will find but one signature of Batten's.
Q. I find no less than six payments to Batten? A. I am astonished at that then—here is 40l. to a man named Biggs; he is a clerk in my office—I see that Batten has received money six times and Biggs once—one of the items is not 210l.; that was not received from Mr. Gibson—I did not put it in as received from him—it is in his writing—it came from another office, the accounts office—that is not the same as the accountant's office—he would not have paid that into the accounts office first; it came from the audit of accounts office;—I do not know whether he paid it into that office, but I received it from that office—I do not remember receiving money any other time from the prisoner through that office—I was not a clerk in that office prior to May, I was taken from another department—I had no knowledge of the duties of that office up to May—I think there was another sum that I received from some other office for Gibson—it is 150I. something—I received it through the Secretary's office, but I do not know whether it was paid by Mr. Gibson—I received it for rents—this 210I. is entered in Mr. Gibson's book, but it is not signed for—I know that I received it—I do not know that Gibson paid it, but he entered it—I do not believe I ever saw it at the time entered in his book—I swear that I do not believe I ever did—I have latterly received monies myself from tenants; I mean since 12th February, the day Gibson was arrested—I never asked him, prior to that, for the slightest explanation—I do not remember receiving monies from teuants with my own hands before 12th February, and giving Gibson credit for them—I do not remember such a transaction—I do not know a person named Layton—I know Holloway—he has paid money to the Union Bank, and on one occasion, I think, one amount was entered into Mr. Gibson's book—I do not remember that Sir Edmund Lacon has ever done that—I credit Gibson with the amount paid to the bankers—I do not think Sir Edmund Lacon has ever sent money to the bank—my clerks, Batten and Biggs, were not in the habit of collecting rents—they have not collected money—I know
Holmes and Ford—they were my clerks under the prisoner—I do not remember a single instance in which they have brought me money which they had collected—I will swear my clerks have never collected money, and I do not believe Holmes or Ford ever brought money to my office—Batten and Biggs are not here—no other clerks besides them have received any money and handed it to me—there is no other name there—my other clerks have not paid me monies, which I have acknowledged to have received from Gibson and so entered—I swear that—it is my duty to enter every payment I receive from the prisoner—I am not aware that I once failed in that—I give him credit by my initials when he pays the money—I received 50l. odd from him on the morning of his apprehension—that is not entered—later on that day I received 80l. from Holmes—I do not remember that he has made my payments before—the prisoner did not come to my office on 12th February before he was arrested and pay me 50l.; I went to his office and there got it—I had never been to his office before to get money—I went to his office and he paid me this money—I did not know then that he was going to be arrested—that was between 11 and 12 o'clock—I am not aware that the prisoner was in the habit of paying rents out of the monies that he received for the Company—he has not produced the receipts to me, nor have I allowed them—I do not know of his paying in surances or compensation out of rents.
MR. SERJEANT BALLANTINE. Q. You say that you had never been to his office before, in relation to money; I suppose it was his duty to come to your office? A. Yes; but I was sent to his office by the Chairman to get some money, and I went immediately—I do not remember what I said to him, but when I entered the office he was counting his money and said, "Here, I have got something for you," and handed me over cash to the amount of 50l.—I am not able to account for these two sums of 210l. and 168l. 15s. 2d.—I know no reason why it appears in the prisoners took, and was not aware that it did so appear—neither of them have been signed for as if they came from the prisoner—with the exception of the red book, I had no knowledge of what the prisoner received and was bound to account for—it was not part of my duty to investigate matters in relation to his accounts beyond what appeared by the red book—I never saw the cash-book.
COURT. Q. Was the account before you, or the cash-book t A, The little red book—the transaction between us was simply this: he brought me a sum of money, it was entered in the little book, and then I initialed the amount; whether it was more or less than he ought to pay in I never inquired, my business was only to give him a discharge.
WILLIAM HENRY KENT . I am superintendent of police in the service of the Eastern Counties Railway—I took the prisoner and told him I had received instructions to take him for having embezzled 61l. 11s. and 31l. 5s.—he said, "Very well"—I took him to the station—the charge was read over to him and he said that he had received the amounts and appropriated them, but not with any felonious intent—he said, "I shall not give any trouble; I am guilty."
Cross-examined. Q. Were you present at the police-court when he denied having said that he was guilty? A. No; I was present some portion of the time at the police-court, but not the whole of the time—he said what I have stated—that was in the presence of Inspector Williams.
FRANCIS WILLIAMS (Policeman, 12 H). I was acting inspector at the Spitalfields station, when the prisoner was brought there in Kent's custody—the charge was entered in due course and read over to him—he said, "It
is quite right; I have received the amounts and appropriated them, hut not with a felonious intent; I shall not give you any trouble, I am guilty"—he repeated that at different times to me.
MR. SERJEANT PARRY submitted that it was not shown that the prisoner was in the Company's service in a sense which would bring him within the Embezzlement Act; that he was appointed and acted as land-agent, that the case was the same as that of attorneys employed in reference to purochial assessments, or business before the House of Commons, who, if they collected rents and paid them over, would not thereby become servants of the Company. MR. METCALFE, on the same side, contended that the prisoner, to come within the meaning of the act, must be either a clerk or a servant, whereas he was an independent officer appointed as the Poor-law attorney to the Company, there being no difference between him and the Company's other attorney; he was not a servant hired by the month or year; no stipulation was made for any notice to be given to him for the termination of the engagement, which might be terminated at any moment, the same as with an attorney; they could not make a claim for a year's service if discharged without notice. THE COURT considered that the prisoner was appointed as land-agent on account of his special qualifications, that there was not evidence to show that he discharged the duty of an attorney; but that he acted as clerk or receiver of rents, only at an annual salary.
Prisoner. There is a sum of 480l. which is not yet entered in that book.
GUILTY.—Strongly recommended to mercy by the Jury on account of his previous good character and of the lax way in which the Company's books were kept, which made the temptation so great. THE COURT would attend to the first part of the Jury's recommendation, but did not concur in the latter part.
Confined Eighteen Months.
There were other indictments against the prisoner.
351. GEORGE BLACKMORE (28), and GEORGE HADDON (38) Stealing 30 gross of braid and 2001bs. of beads, the property of Henry Faudell and another, the masters of Haddon, in their dwelling-house. Second count feloniously receiving the same.
MESSRS. GIFFARD and LEWIS conducted the Prosecution.
THEODORE HALSTED FOULGER (City-policeman). On 6th February, I received this parcel of silk (produced) from Mr. Taylor, in the prosecutor's employment—I took it to Birmingham and showed it to a person named Myers—from a conversation I had with him, I subsequently returned to London with him, and afterwards went with him and an officer named Smith, to a public-house in Hare-street, Bethnal-green—I do not know the sign—we saw the prisoner Blackmore there—he came in some considerable time after I had arrived there—I said, "You have sold some silk to this person," alluding to Mr. Philip Myers—there were two Mr. Myers' present—he said, "No, I have sold no silk"—I then turned to Mr. Philip Myers—I said, "This is the man who sold you the silk, is it not?"—Mr. Myers said, "Yes, that's the man"—Blackmore then said, "Well, I did sell him two or three lots of silk;" I rather think he said "little lots"—I said, "From whom did you receive them?"—he said, "I don't know"—I said, "You must know"—he said, "Well, I received them from a man in the Lane"—I said, "What is his name?"—he said "I don't know"—he then hesitated and said, "Well, I received them from a man that I used to meet outside Myers' shop"—that is in Old-street—he said, "I used to go in and sell them for him while he waited outside, and I used to get a shilling or two for my trouble"—I then took him to the station—he was charged with receiving a quantity of
silk—I have not got two receipts; they were given to Mr. Myers, but he says he has not got them (Mr. Myers was requested to fetch them).
Cross-examined by MR. LLOYD. Q. Have you a copy of your deposition? A. Certainly not—before Blackmore made his statement to me I told him that I was an officer—after some hesitation he told me that he did sell two or three little lots—Mr. Myers was with him before I was—he did not say to me "Mr. Myers must have known they were stolen," or anything to that effect—I searched him, but found nothing on him relative to this charge—I did not ask him his address—it was only two or three doors from his house, where we took him—we knew where he lived, because we had been told—we took him with us to his house—I swear most positively that the prisoner did not tell me his address at that time—at the station he told me his address, but we had searched his premises before we took him to the station—I have said that he gave a correct address; he did at the station—we found nothing there; no silk—Smith and I took Freaks, who is dead, into custody—I have heard that he was Blackmore's father-in-law—I have not the slightest reason to doubt it—Blackmore has a wife and children.
WILLIAM SMITH (City-policeman). I wag with the last witness on 7th February—after Blackmore had been taken in custody, and when he was with me, he made a statement to me—we were walking along to Bethnal-green to get a cab—Mr. Foulger and the two Mr. Myers' were in front; we were talking about the silk, and Blackmore said that Mr. Myers knew it was wrong as well as he did—he said, "Did he tell you how much he gave me a pound for it?"—I said, "Yes, 12s."—he said, "That's right"—he said, "How much is it worth?"—I said, "From 50s. to 60s., a pound"—I asked him where he got it from—he said, "From a man in the Lane, as Myers would not buy it, only through another person"—on 9th February, I went to Herbert-street, Cambridge-road, Hackney, and there saw a person named Freaks—I had some conversation with Freaks, took him into custody, and took him to the prosecutor's premises in Newgate-street, in company with Foulger—Haddon was brought into the private office by Foulger, in the presence of Freaks, myself and another gentleman—Black-more was in custody, but was not there—as soon as Foulger came into the office with Haddon, he said to Freaks, "Is this the man who brought out the silk to you?"—he said, "Yes"—Foulger said, "Are you certain?"—he said, "I am certain"—Haddon said, "Silk! me! I know nothing at all about any silk"—we then took him into custody—I took Freaks to the station-house, and then we went to Haddon's lodgings with him, at 20, King-street, Clerkenwell—we searched the room, and found a bundle of things which were not identified—when we were about leaving the place, Haddon asked for one of us to go out first—he said it might be noticed by the neighbours, all three of us going out together—Foulger went out first with the bundle—Haddon then turned to his wife who was sitting in the chair, and was about to whisper to her—I said I could not allow that; what he said, I must hear—she said, "What is the meaning of all this, George?"—he said, "Say nothing, and know nothing"—I then took him to the station, where he was searched—nothing was found on him relative to this charge—he was then charged—on the second examination of Blackmore I went down into the cell, and he called me to him—he said, "I received the silk from Freaks, but I did not like to say anything about it, because he was my father-in-law"—I got this blue bag (produced) from 16, Luke-street, the residence of Freaks, who occupied a cellar there—he had got a few bundles of twigs or osiers there, to make baskets of; he seemed in a very poor state.
Cross-examined by MR. LLOYD. Q. When you had that conversation with Blackmore, was Foulger with you? A. He was in front with Mr. Myers, not, I think, in a position to hear—I repeated soon afterwards to Foulger, in the prisoner's presence, what was said—none of the witnesses in this case are in custody—I believe they are bound over to appear here—Freaks was alive, but not in custody, when Blackmore made that statement to me; in fact, we were not aware of Freaks' existence at all in the matter, until after Blackmore's examination—I think Freaks was taken the Saturday afterwards; on 9th February—the conversation with Blackmore, in the cell, was after the second examination; I cannot remember the date—Freaks was dead at that time—he hanged himself the day before.
COURT. Q. Did Blackmore know that? A. Yes.
Cross-examined by MR. METCALFE. Q. You first took Blackmore, and in consequence of his statement you took Freaks; is that so? A. No; not at all—I said that Freaks hanged himself after the apprehension of Blackmore—Freaks was in custody when Blackmore first mentioned his name—Black-more was taken first—Blackmore did not mention Freaks' name until his second examination—I took Freaks on the Saturday after I had taken Black-more—that would be 9th February—I took Blackmore on the Wednesday or Thursday, I won't be sure—in consequence of what Freaks said, we went and took Haddon, at Messrs. Faudell's establishment—Freaks was taken on the Saturday, and hanged himself, I think, on the Monday.
GEORGE TAYLOR . I reside at Willow-walk, Bermondsey, and am a ware houseman in the prosecutors' employ—Haddon was in their service as packer—he had been in their employment between five and six years—as packer, he had to attend to the packing-room—he had, among other things, to sweep out the silk department—he commenced sweeping about twenty minutes past 8 in the morning—he would ordinarily finish about twenty-five minutes to 9—in that silk-room there was a large quantity of silk in drawers, which were unlocked—nobody would be in that room at that time—during that time he would have access to those drawers in which the silk was—the silk kept in that room is similar, in every respect, to that which I saw at the police-court.
Cross-examined by MR. LLOYD. Q. Do you know anything about Freaks? A. Yes; I have known him working for the prosecutors—he lived in a cellar, and slept there—there was a bed in the cellar.
COURT. Q. Was he employed by the prosecutors? A. Yes; as a basket-maker—rather as a tradesman than a servant.
Cross-examined by MR. METCALFE. Q. Did he bring his baskets to the premises, when he had made them? A. Yes; he had not any other duties at the premises—he had been occasionally employed to chop wood on the premises—he has repaired baskets on the premises—there is nothing else, that I am aware of, that he had to do on the premises—Mr. Hubble, the manager, who is here, had access to the silk-room, and also a lad and a young man, under him—in the course of the day parties from other departments would have access there—I cannot say to what number; a good many—there might be perhaps half-a-dozen persons, perhaps more, who would have access to that department, taking customers there, from one department to another—Mr. Hubble, the manager, was not confined to that particular room—he was the manager of that particular department, but he had to go to other departments with customers, at times—it would then be left to the man and the boy, or to any of the other people that might happen to go in—a man, named Charles Cooper, might have had access to that
room, but I do not remember seeing him there for a length of time—he might have had access, but not by himself—he was a porter—he would have no occasion to go to that particular room—he might have gone—he was convicted about two months ago, at the Guildhall police-court, of stealing stamps, from this very firm, and of course discharged from the service—it was, I think, previous to any of these people being taken in custody—I think it was on the 4th, the week before Freaks hanged himself.
MR. GIFFARD. Q. How long before Haddon was taken into custody was it that Freaks had been employed on the premises to chop wood? A. I think two or three months, as far as I can recollect—he was employed in the basement on that occasion—he did not, so far as I know, chop wood on the silk floor.
MR. METCALFE. Q. The basement is the room under the silk-room, is it not? A. Yes; at least it is the second room—there is a room between—he would have to go to the ground-floor, and then to the basement.
MR. GIFFARD. Q. What duties, as a porter, would bring Charles Cooper into the silk-room? A. Not any; at the time that he would go into the silk-room, there would be other parties there—he came in the morning from a quarter before 8 to 8 o'clock—his employment then was sweeping and dusting the counting-house, which is on the ground-floor.
COURT. Q. Is the counting-house under the silk-room? A. No; quite the reverse—you have to cross the warehouse and go up a staircase.
JOHN RYE . I am a porter in the employ of the prosecutors, Messrs. Faudell and Phillips—I get there about a quarter before 8 in the morning—I leave their premises at about a quarter before 9, from that to 9 o'clock, for breakfast—I have half-an-hour for breakfast—if I go at a quarter to 9, I come back at a quarter-past 9—I have, been out of a morning, going for my breakfast, when I have seen Freaks in the street, opposite the ware-house—I have seen Haddon and Freaks drinking in the public-house at the corner of Queen's Head Passage, a court that runs down the side of the warehouse—I have also seen them in the street together opposite the ware-house, between a quarter to 9 and a quarter-past—the first time I saw that, was about four months ago, or rather more—I have sometimes told Haddon something that Freaks has told me to tell him—I have told him that Freaks was waiting outside, and would wait in the public-house at the corner of the passage—I have done that twice—the last time I did so was about a fortnight, or not quite so long, before Haddon was taken in custody—I saw Freaks in the warehouse about a fortnight before Haddon was taken—he was not employed at that time by my employers—I do not believe they knew he was in the warehouse.
COURT. Q. How recently before he was taken did you deliver one of these messages? A. About a month, or it might be rather more—I delivered three or four messages to Haddon from Freaks.
MR. GIFFARD. Q. Do you remember what Haddon said when you delivered the message? A. That he would go and see him, or go and see if he could find him—something similar to that—I have seen Haddon with a parcel on two or three occasions when he has gone out, I think, rather thicker than two books of this description (pointing some out)—it was tied in white paper—once I saw Haddon outside at the travellers' carriages, and he sent me in to get a parcel lying on the desk where he makes his address tickets, and he said, "Bring that out to me"—I did so, and it seemed something very soft, similar to silk, by the feel of it—I have seen the boxes which contain the silk braid in my master's premises—they are
something after the size of two of these books, one on the other, or perhaps rather thicker—the parcel I saw with him was similar to the boxes containing the braid—the boxes are covered with paper.
Cross-examined by MR. METCALFE. Q. Where was it you found the parcel he sent you to fetch? A. Lying on the desk where Haddon sat to make out the addresses to put on boxes—that was his place, in the basement, where he was always employed, except when he was employed to sweep that room—I cannot say why he sent me to fetch it—it was his duty at that time in the morning, to stand at the door and see the travellers' vehicles till they were loaded—as he had to stand at the door, he would send me for parcels in the warehouse, but not for parcels lying on his desk—the vehicles were loaded at that time—there was no reason why he should send me—the parcel was lying on his desk, with a piece of blotting-paper on it—there was no address on it at all, I looked—when he has been in the ware-house I have booked the parcels for different customers, in the address-book, and taken them out—I did not know that his wife was working for a firm in Wood-street—I did not know her at the time—he did not say that he opened the shutters when he came, and swept the place down, and then carried his wife's work to a place in Wood-street, to save her coming—I know nothing about his wife's working at Wood-street—I saw her at the Guildhall—I do not know now that she works for trade manufacturers, and that she had work for people in Wood-street, which she had to send or carry home two or three times a week—I never heard that she did work anywhere—I have seen parcels taken out on other occasions, besides when he sent me for the parcel—about three or four times—I am a porter—my work is to take out parcels after breakfast.
COURT. Q. Do you copy the addresses into a book? A. Yes.
CLARA DEAN . I am barmaid to Mr. Beeton, at the Nottingham Castle public-house, Angel-street, near Newgate-street—I knew Freaks—he had been a customer for the last 6 months—I knew Haddon—he had been a customer at the house the same time—they both came together—they generally came together, about 20 minutes or a quarter to 9 in the morning, and sometimes alone—I never noticed Freaks bring anything in his hand—he would sometimes, after he had been in the house, take an empty blue bag, like this, out of his pocket, folded up squarely—when they came together, they went sometimes in the tap-room, if there was nobody there; at other times they would stand at the back door—there is a side entrance which leads into a court; they used to stand on the steps—our tap-room is never full so early in the morning—there might be 2 or 3 in there—I recollect seeing Freaks in the tap-room with the bag open—Haddon and he were standing face to face—Haddon was holding the bag open—I cannot fix any time—I do not know how long it was ago—it might have been about 6 weeks before I first went up to Guildhall—Freaks was holding a bag open—Haddon was taking a parcel from his pocket and putting it in—they were whispering together—I was not near enough to see what it was that was being put into the bag—I did not take any notice; it was a square parcel, something like that book, only more round, and folded in whitish paper—I have often, at other times, seen that bag in Freaks' hand, after Haddon has come into the place—when they were going away, I have seen Freaks twist the bag round and put it under his arm—it was not full then, but it appeared to have something in it more than when it was first produced.
Cross-examined by MR. METCALFE. Q. How many times do you think
you have seen them together? A. Oh! dozens of times together, and plenty of other people in the public-house at the same time—latterly, it has been about 20 minutes to 9 in the morning that they have come; but a month or two before, they used to come in about a quarter to 11—it was a quarter to 9 for six weeks or two months—I have seen them perhaps four or five times during the last six weeks, I cannot say—I never took any notice of them—they were generally in the tap-room when they came in early; on other mornings they used to stand at the bar.
MARTHA BROUGH . I am employed at the Queen's Arms public-house, St Martin's-le-Grand—I know Haddon; I also knew Freaks for the last 2 years—I have, for some months, seen Freaks and Haddon come into the house, sometimes about 9, and sometimes about 11—I have not seen them for the last two or three months—I last saw them on a Saturday morning, about 11; Freaks came first, and Haddon came and joined him—I have seen Haddon bring a small paper parcel, which he has given to Freaks—I have seen Freaks with a bag, and he has put the parcels into it—I have never seen Freaks give money to Haddon, but I have seen Freaks with money in his hand when they have been together, but cannot say what he has done with it—he has paid for what he has had at the counter, and has asked me to give him gold for silver—sometimes one paid, and sometimes the other.
DAVID DICKENS . I am a cap-maker of Craven-street, City-road—I knew Freaks for about two years—he was in the habit of bringing me silk, and beads, and braid—it commenced about ten months ago—the last time was in September—he brought some in a box, and some in a blue bag similar to this—he brought eight or nine lots, of sewing silk, of this description, three or four of braid, and two of beads, as near as I can recollect—I sold the beads to Mr. Cox, of Old-street, at, I think, 7s. 8d. a pound; and the braid and the silk to Mr. Myers, of Old-street-road, at 14s. a pound—I sold one small parcel of beads to Mr. Rotherham—I received 14s. a pound from Mr. Myers—all those things I received from Freaks, and sold them on his account, on commission—he allowed me 5 per cent for selling them.
Cross-examined by MR. LLOYD. Q. I suppose you did not know that they were stolen? A. No; or I would not have done it—I ceased selling it because the last lot I sold to Mr. Myers, there was some odd weighs about 1/4lb., which he declined to pay me for—I said that it was too much for him to deduct—he said, "If the party is not satisfied, send him round to me "—I had some difference with Freaks with regard to the money—he did not say that I had taken some of the money I had got from Myers, but he said that he did not think Myers would stop so much as that—it was on account of that difference that I sold no more for him—I suppose Freaks did not believe it, and I sent him round to Mr. Myers, to inquire whether he had paid me or not—I suppose it was because Freaks did not trust me, that I did not have any more silk from him.
MR. GIPPARD. Q. What was Freaks? A. A basket-maker—they do not generally deal in silk, but I have known him deal in job lots.
MORRIS MYERS . I carry on business in Old-street-road—from time to time, received goods from Mr. Dickens, consisting of braid and purse twist—the first transaction was last August—on 19th October, I bought 10 lbs. of silk twist, I believe of Blackmore—I also bought some from Dickens about November last—I remember Blackmore coming to my shop on more than one occasion—I believe I bought 13 lbs. of silk from him—he brought it, and asked me to buy it, and I did so—he said he was recommended to us as dealers in fancy goods—I remember selling some silk to Mr. Jevons—I
got that from Blackmore, on the 10th January, this year—on 12th January, this year, I may have bought some silk of Blackmore; I gave 12s. a pound for it, and sold 3 lbs. of it to Mr. Roxborough, of Islington, and some to Mr. Chester, of Tottenham-court-road—I cannot recollect whether Blackmore made any statement as to where it came from, it is such a long time since—he told me on one occasion that it came from a sale, and he bought it as a job lot—I was not in London the last time, but on the last occasion I saw him, he said, that it came from the same sale—I do not know Freaks personally—I saw him once at our shop about some settlement between him and Dickens, about 1/4 lb. of silk—I bought one parcel of silk of Freaks at the same time—I think it was 3 lbs. or 3 1/2 at 12s. a pound—I have bought 40 or 50 lbs. of silk twist altogether, from Freaks, Blackmore, and Dickens.
Cross-examined by MR. LLOYD. Q. Do you say that you bought in November of him? A. I cannot recollect exactly, but to the best of my belief—I cannot give you any correct date, only by referring to the receipts—I am a general merchant—I did not know that it was stolen, or I should not have bought it—I offered this very silk to Faudell and Phillips' people myself, which I should not have done if I had known it had been stolen—I would not buy a diamond ring of a poor man, nor a lot of silk, if he was exactly a stranger to me—I did not think it necessary to inquire in this case—I received this receipt myself from Blackmore—I was there on all occasions except one—I can swear to the particular occasions on which I received receipts from him—here are his receipts which prove that I bought goods on those days, all except the last—here is one on 19th November, and the other I have here, but it has no date—they are both signed by Black-more—the third is in the book—I do not keep a bought-book; my business is pretty large, but I do not think it necessary—every Article I buy I place my invoice in this book without having so much writing to do, as I keep no clerks—I have said that I cannot remember the date on one occasion, and I cannot exactly remember whether it was Blackmore or Dickens who came in October—I cannot tell whether it was in October without referring to the invoice—the price was always 12s. a pound to Blackmore—I did not always get 22s. a pound for it—I got 19s. 6d. from Faudell and Phillip's people—the 22s. was from Mr. Jevons, because I had a great deal of trouble in getting my money, and was obliged to put a little on—I did not know the value of the silk, but I took it round to the trade, and they told me it was not worth more than 20s.—I gave 14s.—I had some three months' bills for it.
MR. GIFFARD. Q. Did you show it in bulk? A. I sent down a sample in a letter—I did not sell any to Mr. Foxwell—my brother sold that by my authority—it was some that I got from either Dickens or Blackmore—I sold some braid to Powis—I bought that of Dickens—I did not sell any to Mr. Rotherham.
PHILIP MYERS . I am also a general merchant, in Old-street, and am partner with my brother—I know Blackmore—on 1st February I purchased 12 1/2 lbs. of silk from him; that was the only transaction I had with him—I sold the whole of that silk to Mr. Jevons, at 1l. 2s. 6d.—it might have been purchased cither of Blackmore or Dickens—I never sold to Mr. Powis—I sold some to Mr. Foxwell for 20s.
Cross-examined by MR. LLOYD. Q. Did you tell him you could not do anything with it in London? A. Yes; because none of my customers would buy it; they said it was no use to them, it was not worth the money—I knew that I had no customers for it in London—all my customers had
bought it of me, and would not buy any more—I had sold some in London—he came to my shop on 27th or 28th January—I had seen him before—I did not ask him his address or any questions—he did not give me his name, and I did not ask it.
MR. GIFFARD. Q. Did you make those boxes up yourself? A. No; I bought them to pack it in—I packed them up myself and sent them to Birmingham—they are the same boxes—the card and address that I put on them is there now.
JURY. Q. What price did you give him for that silk? A. 12s. a pound.
SOLOMON JEVONS . I live at 68, Worcester-street, Birmingham, and am a wholesale haberdasher—I know Morris Myers—I had some correspondence with him in September last, which ended in his sending me these boxes—in consequence of something I observed, I sent them to Messrs Faudell and Phillips.
Cross-examined by MR. LLOYD. Q. Was there any mark on this silk? A. Yes; upon looking into the silk, and turning it over, there were some tickets which had not been torn off very clean—this is the kind of thing.
JOHN GREEN FOX WELL . I keep a fancy repository in Islington—I bought 16 1/2 lbs. of silk from Philip Myers—I paid him 20s. a pound for it—I think one lot that I bought, was in August—this silk is very similar to that which I purchased; I should say that it is a portion of it—it was represented to me as being a portion of a sale in Bond-street; Philip Myers told me so—I produce all the silk which I had, with the exception of an ounce—it is the same silk that I got from Myers.
Cross-examined by MR. LLOYD. Q. What would be the value of that silk? A. Well, I am no judge of that kind of silk, but I should say about 30s.
JURY. Q. Is that all the money you were asked for it? A. I believe there was one lot I was asked 22s. for, and I said, "I don't require it; it is a sort of thing that I sell but very little of, and I would rather not have it"—it was shown to me, and he said at once, "Well, if you think it will suit you, you can have it at 20s.," and, knowing him for four or five years, I considered it quite as safe as buying it from Messrs. Faudell and Phillips themselves—I said "Where did the silk come from?"—he said, "I bought it of a party that bought it in Bond-street."
ROBERT ROXBOROUGH . I live at 17, High-street, Islington, and am a dealer in fancy goods—I know Morris Myers—I have purchased some silk twist and beads from him—the officer has got all that I have not resold—it is the same that I purchased—I bought about 9lbs.
JURY. Q. What did you give him a pound for it? A. 20s.—he represented to me as having got it at a sale.
JAMES SEARLE . I am buyer to Messrs. Rotherham, of Shoreditch, drapers—I have known Dickens about five years, as a customer—about four months ago I purchased some silk braid of him—I produce a portion of it—this is all we have of it now—he offered some more to me afterwards, which I refused to purchase.
Cross-examined by MR. LLOYD. Q. What did you pay for the silk? A. I gave him between 15s. and 16s. for the quantity—there was about 10 or 12 gross.
JURY. Q. What is the value of it, the wholesale price per gross? A.
The value would be 2s. 9d., but they being different colours, were no use to us, till they were dyed, which would bring them up to their value.
EDWARD COX . I am a bead dealer in Old-street—I purchased from Dickens two sets of beads, one lot of 88lbs., and the other of 91 lbs.—I gave 7d. per pound for one lot, and 7 1/2 d. for the other—I have not brought any of them with me—I had another parcel of 25 lbs., and they have got mixed.
THOMAS PRESTAGE HUBBLE . I am manager of the silk department for Messrs. Faudell and Phillips—I had the care of the silk which was kept on the first floor in drawers—I recognise these various articles which have been produced, as having been the property of Messrs. Faudell and Phillips—they have the name twisted through the silk—I have ascertained that there is over 100 lbs. of silk missing from the silk floor, the value of which is from 51s. 6d., to 73s. per pound wholesale price—there were three of us in the establishment, who were entirely employed in the silk department, myself a young man aged 20, and a lad—either of those might be left there alone—it might happen so in the ordinary course of things; it would be so, I have no doubt—it is very likely that more than once in every day the department might be left under charge of one person for a very short time; a few minutes—possibly the others might go out or might be called away to some other part of the house, from some cause or other—there was no employment of any kind by which one person would remain there alone—it might happen that one would be left there alone—the silk was kept in drawers—all the articles of this description were in that room, and kept in drawers—the braid would be kept in boxes—this is the kind of box we keep some of the braid in—all the same kinds of braid have the same kind of boxes—all the boxes are square, but they would not be all the same size.
Cross-examined by MR. METCALFE. Q. How long had Haddon been with you? A. About five or six years—I believe he had been with Messrs. Warwick before that; I have heard so—I cannot say how long—I cannot say whether there is anyone here from our establishment who can.
MR. METCALFE to GEORGE TAYLOR. Q. Have you seen Haddon's wife at all? A. Yes—I do not know that she works for a firm in Wood-street—I believe she does work—I think her work is making brace ends—we received Haddon from Mr. Warwick—he had been there two or three years.
MR. GIFFARD. Q. How do you know that his wife works for a firm in Wood-street? A. Some time back, the prisoner was absent from illness, and I was instructed by the firm to go and see what was the matter—I then saw his wife stitching some bracing, and from that I inferred that she works.
MR. LLOYD to T. H. FOULGER. Q. When was Blackmore taken in custody? A. On 7th February.
MR. METCALFE. Q. When you went to Haddon's house, did you see any work of the wife's? A. I did—I do not know whether she works for a firm in Wood-street—brace-ends were the work that she was doing.
MR. LLOYD to M. MYERS. Q. Is this one of the receipts you produce? A. Yes—it is in the name of Smith—I could not say from whom I received it.
MR. GIFFARD. Q. Where did you get it? A. It is a receipt given by a person that gave his name as Smith, that came with Dickens.
MR. LLOYD. Q. Were you there at the time? A. Yes—it was Freaks, the party that hanged himself.
MR. GIFFARD. Q. Have you got a receipt in the name of Thompson pasted in your book? A. Yes; here it is—I did not buy the last parcel—
I found it in my book; it was taken by my mother—I know nothing about it.
Cross-examined. Q. Have you always been certain that it was Blackmore? A. Yes; I put it on the file, and took no notice of it till the policeman took it off the file—I am no scholar, and therefore I could not read it—I know it from my recollection—I know it by its having the stamp on it, and that is all I know of it—I did not put the receipt in this book—I will pot be positive that this is the receipt—I would not swear that this (another) is not it.
MR. GIFFARD. Q. Why do you think that that one in the book is the one you got from Blackmore? A. I rather think it is, but I would not be quite positive; it looks like it—the quantity I had when I got the receipt was 12 1/2 pounds—it was between 3 and 4 o'clock that Blackmore came to me—I do not know exactly the date of the year; it was about six weeks ago—I paid him 7l. 10s. for it.
MR. GIFFARD to M. MYERS. Q. Have you any other receipt of 12 1/2 lbs. of silk, at 7l. 10s.? A. I have not—that receipt was found on the file, and the detectives took it off when they came.
MR. LLOYD. Q. Have you searched with a view to find out? A. I did search to find all the receipts for the stuff I bought, to produce at Guildhall—that was 1st February—the other receipts were signed, "Blackmore"—when I saw the receipt, I saw that it was not Blackmore's writing—I said so immediately I saw it.
Blackmore received a good character.
BLACKMORE— GUILTY on the Second Count. — Confined Eighteen Months.
HADDON— GUILTY on the First Count — Seven Years' Penal Servitude.
The Jury stated that they considered Messrs. Myers' mode of dealing to be highly censurable.
OLD COURT.—Friday, April 12th, 1861.
PRESENT—MR. JUSTICE WILLIAMS; MR. RECORDER; Mr. Ald. MECHI; Mr. Ald. ALLEN; and Mr. Ald. DAKIN.
Before Mr. Justice Williams.
MR. SLEIGH conducted the Prosecution.
CHARLES FISHER . I am one of the collectors and meat inspectors appointed by the Commissioners of Sewers, for Newgate-market—I have performed those duties for twelve years and upwards—on 16th February, my attention was called by Mr. Greatrex to four quarters of cow beef, which were lying at his place—they were in a hamper when I saw them—on exposing the meat, and examining it, I found it to be in a very bad state—the flesh was quite wet, which is always a sure indication that the animal was diseased—what ought to be fat was a serum, not fat at all, watery—the meat was totally unfit for human food—that was obvious to me immediately upon looking at it—there is no doubt that it was diseased and unfit for human
food when it came by its death—it was in no worse condition, in my opinion when it arrived in London, than when it was sent from the country.
COURT. Q. Would it have been unwholesome food when it was fresh killed? A. Decidedly so.
MR. SLEIGH. Q. How far is Hitchin from London? A. About thirty-four miles—I took the meat before one of the Aldermen of the City, and he ordered it to be condemned and destroyed—I went down to Hitchin to make inquiries about this matter—I called upon the defendant, and saw him—he is a fishmonger, I believe, living in Hitchin—I saw him in the street—I told him that I had come respecting some meat that had been sent up to Newgate-market in his name—he said that he had sent four quarters of beef, but he was employed by Mr. Peck; that the meat did not belong to himself—that was the substance of the conversation—in the course of it, he said that it was not bad—I said that I had seized it, and that it was very bad—he said he was very sorry that he had sent it in his name, and he hoped nothing would come of it—he said, "I shall not get anything by it; I have merely sent it for Mr. Peck"—he did not say anything as to who had packed it up, or dressed it, or killed it—it was cow beef—he did not tell me who slaughtered it—I made a written memorandum of the substance of the conversation—it might have been the next day that I made it—this paper (produced) is in my writing—he did say that he had killed and dressed the cow for Mr. Peck, and sent it up for him—I had forgotten that—I did not weigh the meat in the market in London—it was so very bad that the men objected to weigh it—we did not take it all out of the hamper—it weighed about 3 1/2 cwt.
Cross-examined by MR. COOPER. Q. Are you quite sure he said he killed and dressed it, or did he say that a batcher, of the name of Taylor, had killed and dressed it, and that he had merely sent it? A. No, he did not—I am quite sure of that—he never mentioned the name of Taylor—a good deal of boiling water is used sometimes in the process of dressing—I do not know what the defendant knows of meat—I never slaughtered meat, but I have superintended it when it was slaughtered—if it was quite fresh the day it was killed, I am quite sure it would not be in the state in which I saw it a day or two afterwards—diseased meat will decompose more rapidly than good meat—the disease would certainly be seen at the time of killing and dressing.
MR. SLEIGH. Q. Is it possible that any person could have killed and dressed that meat without observing that it was in a diseased and unfit state? A. Certainly not.
COURT. Q. Supposing I or the learned counsel had gone to look at this meat, would it have been perceptible to our eyes that it was unlit for human food? A. Certainly it would—the flesh was wet, and very different from the ordinary appearance of good meat—the flesh of a diseased animal would be wet and flabby—I had no means of judging what disease the animal was labouring under—we cannot always form a judgment of that—from my experience I should think, in this particular case, the animal had the lung disease, from the appearance of it.
Q. What were the appearances which, to an unpractised eye, it would exhibit of not being fit for food? A. The flesh was wet and flabby, and very different to the flesh of good meat, and the fat had turned to serum—the difference between fat and serum is that one is solid and the other a fluid—it was in a fluid state when it was exhibited for sale—the fat of a diseased animal would be so—if you took up this animal, the fat would flow from it like water.
MR. SLEIGH. Q. Did the meat appear to have been dressed in a scientific manner, by a person conversant with such matters? A. Yes; it was dressed in the usual way.
COURT. Q. Supposing you had merely seen this meat, from the appearance that you found on it, should you have come to the conclusion that it was dressed by a butcher, or by a person unskilful and inexperienced in such matters? A. By a butcher.
JAMES NEWMAN . I am one of the meat inspectors of Newgate-market—I saw the four quarters of cow beef, about which Mr. Fisher has now been giving his evidence—it has been my duty about seven years altogether to inspect meat—I think this was the worst I ever saw—it was very bad, and decidedly unfit for human food—in my judgment, that must have been apparent to the person who slaughtered and dressed it—no one who was any judge at all, could have dressed it without seeing that—it appeared to have been slaughtered and dressed by a person accustomed to do such work—it was cut up properly, as if done by a butcher—it had the appearance of having been dressed by a person accustomed to do it.
Cross-examined. Q. You are quite sure that it was cut up as a butcher would cut it up? A. Yes—any man that had common sense would know the difference between that and good meat—I believe a man that was a fish-monger and not a butcher could, by just looking at it, have seen that it was unfit for human food—I do not know whether meat is generally sent in cloths—sometimes I dare say it is, and sometimes not—there was no cloth on these when they came up—they come in quarters or sides, not in whole carcases—these were not in cloths—I saw them in the hamper—they had not been unpacked.
MR. SLEIGH. Q. You Saw the hamper opened? A. I saw the meat in the hamper—it had been opened before—the person who dressed the meat ought to have seen that it was in a diseased state, whether he was a butcher or not.
COURT. Q. Supposing a man who was a fishmonger and not a butcher had dressed this meat, what were the signs that it would bear which would indicate to him that the meat was unfit for human food? A. When he opened the animal, he would find the whole of the tissues a mass of water, and the meat would present a different colour from the ordinary colour—the lungs, I have no doubt, were double the usual size—I formed an opinion of what disease the animal died; it was pleura pneumonia—it was suffering from lung disease very severely—it would present those indications to the person who dressed it—the lungs would be formed of a hard callous matter, instead of the usual spongy appearance.
Q. With respect to a man who did not dress it, what indications would it present to him, if he was not a butcher? A. The colour of the meat any unpractised eye would see in a minute—a man I mean, not a butcher—it would principally be the colour of it, and the appearance of the fat—it was more the colour of mahogany than good beef—the fat was merely a thin skin of fat, hanging where the fat ought to be—we did not pull it about.
MR. COOPER. Q. Did you see a broken rib? A. I did not—it was so bad, I did not like to handle it—it was in a nasty clammy state.
WALTER GREATREX . I am a meat salesman in Tylor's market, Newgate-market—on 16th February I received four quarters of cow beef directed to me—it was in a very wet, damp state—in consequence of the state in which I found it, I called in the inspectors—in my judgment that meat was not fit
for human food—that would be evident even to an unpractised eye—it was so bad that any ordinary person could see it—this is the label that was on the hamper—it came by the Great Northern Railway—it was the only hamper I received that day.
Cross-examined. Q. Was there an invoice in the hamper? A. There was not—it was addressed to Larner and Greatrex—that is printed on the label—I was in partnership with Mr. Larner—we are large salesmen—it makes a good deal of difference in meat whether it is packed immediately after it is dressed—it generally arrives in very bad order if it is packed hot—I did not examine it sufficiently to see whether it was slaughtered by a butcher.
Q. Might it on being dressed and given to a man merely to pack up, that man being merely a fishmonger, have passed his eye as being common meat to send up to market? A. Really I cannot tell that—I cannot tell whether it might not have appeared fit for human food to a man not a butcher merely putting it into the hamper; I mean a man who did not examine it—I have seen meat that was packed pretty good, look much the worse for the journey.
COURT. Q. Would that apply to diseased meat as well as to Bound meat? A. No; it would not make that difference—it would make some difference—if diseased meat was packed immediately after the animal was killed, its bad condition would be increased by that—it would not look so well as if it was packed cold, even though it was diseased.
MR. SLEIGH. Q. Having reference to the state in which you saw this meat, in your judgment must it have appeared to have been diseased and unfit for food when it was packed? A. I really cannot tell, for I did not pay that attention to it—I saw it was in a very bad state and called in the inspectors—I cannot say how it looked when it was slaughtered—if it had been slaughtered a few hours previously, it must have presented a bad appearance then—if it was diseased it would have presented so bad an appearance as to indicate that it was unfit for human food—it would have done so to the eye of any ordinary person, as well as to the eye of a butcher—it arrived packed in a hamper and cloths—there were cloths over it—the four quarters were not in separate cloths; they were packed altogether, and the cloths were all round them—there were two cloths in the hamper, I think, one underneath and one over—the top one must have been added after the meat was put into the hamper.
SAMUEL BRITTEN . I am foreman to Mr. Greatrex—I cut the hamper open when it arrived on 16th February—I have been in the trade all my life—in my judgment that meat was certainly not fit for human food—it was in a bad state—it was diseased meat, the meat of a diseased animal—I pulled the cloth from the top, and as soon as I saw the meat I put it down again—I should say that it could be seen to be in an unfit state for human food by anybody, whether he was a butcher or not—anybody could tell that it was in so bad a state as to be unfit to be eaten.
Cross-examined. Q. Do you agree with your master, that packing meat immediately after it has been slaughtered and dressed, deteriorates it very much? A. Well, it does at times—it might have looked a great deal better at the place where it was packed—I should think a fishmonger would be able to see that it was not fit for market.
WILLIAM DURRANT . I am a porter at the Great Northern Railway Station—on 16th February I delivered a hamper of meat at Messrs. Lamer and Greatrex, Taylor's market, Newgate-market, about 3 o'clock in the morning—I brought it from the Great Northern Railway—it had on it a label similar to this produced—I have my delivery sheet here.
Cross-examined. Q. I suppose you carry a great number of hampers to these gentlemen in the course of a week? A. Yes—this was the only one we had for them that day—my attention was called to it the same day—I received it at Newgate-market—it was not given to me at the Great Northern Railway; it was brought there by a man named Dalton, and I unloaded it—it came in a Great Northern Railway van.
JAMES HOPPER . I am a porter at the Great Northern Railway Station, at Hitchin, in Hertfordshire—I know the defendant—on 15th February he brought a hamper to the railway-station at Hitchin—a label like this (produced) was on it—I don't know whether this is it—he said he wanted to send the hamper to London—I know it contained meat—they never put anything but meat into those hampers—it was an ordinary meat hamper such as is generally used to carry meat in—it was about 6 o'clock in the evening of the 15th that he delivered it to me—in the ordinary course of business it would be despatched to London at 10 o'clock that night, and would arrive in London about half-past 12 the same night—the hamper weighed 3 cwt. 3 qrs. 16 lbs.
Cross-examined. Q. Look at that paper; is that one of your receipts? A, Yes—the defendant is a general dealer—he deals a good deal in fish—he cannot either read or write.
COURT. Q. Is he anything but a fishmonger? A. He deals in fish, potatoes, and vegetables, and those sort of things—I am not aware that he has anything to do with slaughtering or butchering—I know him intimately; he lives about a mile from me.
MR. COOPER. Q. This is a receipt made out to Mr. Peek, is it not? A. Yes, for the carriage of a hamper of meat to London.
JOHN SMITH . I am a porter at the Great Northern Railway station, at Hitchin—I know the defendant—on 15th February he came to the station and brought a hamper—he put the direction on it when he brought it—it was a printed label like this—there was no writing on it that I am aware of—I did not see any—I wrote to Messrs. Larner for him, on a piece of paper to put into the hamper, to say that he had sent a body of beef—there was no other hamper sent up by him on that day to my knowledge—I have the consignment note which is written out when any one brings goods to be sent away (producing it)—I wrote that on 15th—it is kept in the Company's custody—it is in my writing—the paper that I wrote for the defendant was a different paper to this.
MR. COOPER. Q. Was it about the size of this? A. No—it was a similar paper; it might be a little larger—I wrote it in the goods shed at the station at Hitchin—the hamper was opened, and I saw him put it in—the hamper that contained the meat would have that piece of paper in it.
COURT. Q. Did you do it as a matter of business or as a favour to him? A. As a favour to him; he can neither read or write—this invoice is in my own handwriting—the prisoner gave me the information which enabled me to fill it up—he said it was a hamper of meat—I asked him who he was going to send it to at Newgate-market, and he said "Larner and Greatrex"—I did not get the weight from him; we weigh it ourselves, hamper and meat altogether—this word "Pink" under the head of "remarks" is the agent of the Company at Peterborough, who supplies hampers and cloths—there is a difference in the charge made when they have the Company's hampers and cloths and when they find their own—they fetch the empty hampers away to pack the meat in, and then bring them back again.
London—I was called in to look at this meat on 16th February—I examined it—in my judgment it was not fit for human food—it was from a very diseased animal—I think its unfitness for human food would be perceptible to an unpractised eye—one can hardly judge what unpractised persons might think, but it would be evident to those who had any knowledge on the subject; and I think it would have been evident to an unpractised eye—the animal had an epidemic inflammatory affection of the lungs—there was the effusion of diseased matter on the surface of the membrane—I have frequently to inspect diseased meat in the performance of my duties—in my judgment, this was in a very bad state.
MR. COOPER called the following wittnesses for the Defence.
PETER PECK . I am a licensed victualler, of Warlesworth, near Hitchin—some time in February, I purchased a cow of Mr. Partridge, of Little Bowden—I intended to keep her, but she had a broken rib; she had got down in the truck coming up—in consequence of that I had her killed—I employed William Taylor, a butcher, to kill her—I went and saw her just before they had done dressing her—the meat looked very well then.
Q. Was it bright and dry? A. It was bright, as good meat.
COURT. Q. It was what? A. It was very bright.
MR. COOPER. Q. Bright and dry! that is so, is it not? A. Yes; it looked very well—they had not quite finished dressing her—I saw nothing at all the matter with the meat.
Q. Whilst you had the cow, did you know her to have any disease at all? A. There was nothing at all the matter with her while I had her—she did not show any signs of disease—she had no diseased feet—there was no disease about her that I could see, and no difficulty of breathing—none at all—I have seen animals with pneumonia—if an animal has diseased lungs, the symptoms are very evident—you can tell one of them in a minute—they have great difficulty of breathing—they have it in the feet as well as anywhere else; the disease gets quite down them—I did not have the heart of the animal for dinner on the Sunday; the butcher had—I saw nothing the matter with it—I have been a victualler two years—I have seen a good deal of meat in my time—I did not employ the defendant when the cow was killed—I asked the butcher what they could do with it, and told them to sell it, or do what they liked with it—I told them to take it away from my place and sell it, and they took it and killed it.
COURT. Q. Who do you mean by "them?" A. Taylor the butcher and the young man at the bar—I told them to take it, kill it, and sell it, or do what they could with it.
MR. COOPER. Q. You did not know of any one in town? A. No, I never dealt with any butcher or salesman in town in particular; therefore I gave it to Taylor to dispose of, to do what they liked with it—that is the usual way in the country—the butcher had it to do what they liked with it; to take it and sell it, and make the best of it they could.
COURT. Q. What was the butcher to do with the money he got for it; did you sell it to the butcher, or was he to receive the money for you? A. No, I did not sell it to the butcher—I told him to take it, and dress it, and sell it—I should expect to have the money for it certainly.
MR. COOPER. Q. Is it not usual in the country when a person wants to kill an animal, a bullock or a cow, to send it to the butcher to be dressed, and for that butcher to send it up to London to dispose of it, and give you the money? A. Certainly, that is a common thing; it is done every day in the country.
Cross-examined by MR. SLEIGH. Q. Have you ever yourself had anything to do with slaughtering? A. Yes, I have in my time; but not for many years—I have been a butcher—I paid 4l. 5s. for this cow—that was at the beginning of February—she was a very healthy animal—I purchased her about nine or ten days previous to her being slaughtered—the person from whom I bought her is not here—he lives at Little Bowden, near Market Harborough, Leicestershire—I did not go there to make the purchase—he is a man that stops at my house with cows—he is up every week, or once a fortnight—he stopped with this cow, and a quantity that he had—she met with the accident on the rail—she got down in the truck—Dot near my place; somewhere on the rail—she had met with the accident before I bought her—I bought her, knowing that she had been down—I did not know that anything else was the matter with her, or whether she had her rib broken then or not—I knew there was something afterwards; she went a little on one side—there was nothing the matter with her when I bought her more than her having a broken rib, and that I did not know at the time—there was no disease about her—she was not ill, not with any disease—a broken rib is a misfortune—it was the hind rib that was broken, the last hut one I think—that would be towards the hip—I did not examine her when I bought her—I knew she had been down in the truck, and he sold her cheaper because she had been down—he never told me anything about the broken rib; I don't suppose he knew—you could not see that till after she was dressed—I said just now that all she had the matter with her when I bought her was a broken rib; but I did not know that till after she was dressed.
COURT. Q. Did you know when you bought her that she had had an accident A. Yes; he sold her a little cheaper because she had been down in the truck and trampled upon.
MR. SLEIGH. Q. Did she walk lame? A. She did go on one side—she was in calf at the time I bought her—I did not buy her with the intention of slaughtering her, but with the intention of keeping her—she got worse day by day until I found I could not keep her any longer—she would eat and drink plenty, but she could not get up when she was down, and I thought she was in pain, and I had better kill her—there was no disease—I did not give her any physic, nothing but hay and water—I did not call in any veterinary surgeon or cattle doctor.
Q. When she was dressed, as you tell us, you saw her, and the meat looked very bright; my friend also asked you whether it was dry or not; and I observed that you did not quite answer that question. A. Well, she was as dry as you could expect when she was being dressed, she was not quite finished, but the beef looked very well—I did not see her after the dressing was finished.
Q. You say you employed Taylor for the purpose of doing this job? A. I employed these two, in fact—I asked them to come and kill her and take her away I asked this man, because they were there together at my house—he has done part of that kind of work, perhaps—I do not know what he is accustomed to—he is a fishmonger and one thing or another—I did not employ him because he was in the habit of doing a job of that kind—I never heard that he was—I never knew him do it.
Q. Why was it you did not send the meat up to London in your own name? A. Spencer said he knew what to do with it—I never asked him to do anything with it—he told me he knew what to do with the meat—that was not when I employed him, it was afterwards, after I had told them to
take it and kill it—I asked both Spencer and Taylor to come and fetch her and dispose of her, and Spencer said he knew what to do with the meat—that was when she was slaughtered, not before—I told both Spencer and Taylor to come and fetch her away and dress her—the conversation as to what could be done with her was not before she was slaughtered—I mean to say that there was no conversation between me and the defendant, as to what was to be done with her, until after she was slaughtered; not a word about it, to my knowledge—the only direction I gave was a direction to slaughter her, without saying anything whatever as to what was to become of her until afterwards—I should say it was a mile from the field, where she was at the time I gave those directions, to the slaughter-house—she was not driven there to be killed; she was killed at my house, and then taken up in a cart—she was slaughtered by Taylor at my house—the carcass was sent to London, I suppose, but I don't know—it was taken from my house by Spencer and Taylor—she was killed at my house and taken up to the slaughter-house whole, as she was to be dressed—it is a slaughter-house that several butchers use—the reason she was not driven to the slaughter-house to be killed was because her rib was broken, and she could not very well get up when she was down—the cow was healthy enough, but from the effect of the accident she was not able to move—I could not say what I expected the animal to fetch when sent to London—I did not think anything about it—I did not know—it is a good many years ago since I was a butcher—thirty years ago—I am fifty-five years of age—I was brought up as a butcher from a little one—I made no stipulation as to what the meat was to be sold for; they were to do the best they could with It—I was at the justice-room, Guildhall, when the defendant was charged with this offence—was not examined there as a witness on his behalf—I was not called in—I became bail for him.
MR. COOPER. Q. I believe you were there ready to be examined had you been called? A. Yes; the cow ate her hay, and drank—she had the long hay, not chopped—when cows have got a complaint in the mouth, they cannot eat hay, or anything—that is the same complaint—it goes all through and affects the organs of respiration, and the whole of that part—cows affected with anything of that sort cannot eat the long hay—they don't want to eat anything—it chokes them at once—she drank plenty of water, and ate a truss of hay in a day and a night—she had not fallen off the truck—she had got down in the truck and was trampled upon—I knew she was a little lame when I had her; she leant a little on one side—I don't know whether a good deal of cow beef is sent up here and sold—I don't send any—I know that if a cow meets with an accident like this, she is killed, and sold as meat.
WILLIAM TAYLOR . I am a butcher, at Hitchin—I have been a butcher for twenty years—I know my business well—I remember this cow of Mr. Peck's—I slaughtered her on the 15th February, at his house—I afterwards took her, with the assistance of the defendant, to my slaughter-house—I asked him to come to help me—I dressed it that morning—I dressed it in the usual way, and he helped me—he helped to hold it up—I let him do the head whilst I was doing the other part—the head is a troublesome thing to do—I had finished the dressing about 9 o'clock that morning—the meat was good meat—it was quite fit for human food—it had one rib broken—in dressing it we took out all the entrails—I could not see any disease of the vital parts—I observed the lungs—I could not see any symptoms of pneumonia upon them—anyone may see in a moment if there is an affection of
the lungs—it is self-evident—I had the heart of the animal for my dinner on the following Sunday—I found it good and so did my wife and family—I found it very good meat indeed.
COURT. Q. What day of the week was it that you slaughtered her? A. On Friday; and I had the heart on the Sunday; I wish I had another one to-day for my dinner—it was a very healthy heart.
MR. COOPER. Q. Did you help to put this meat into the hamper? A. Yes; Spencer helped me—I quartered it about half-past 4 the same day—the meat was not quite cold when I put it into the hamper—it had then every appearance of being good and fit for human food—I saw nothing wrong about it—it appeared very good—the fat did not appear to be running serum—it was not quite dry—it had not had time enough to be dry; it had not been killed long enough, but there was nothing amiss—the meat was a very good colour, as bright as any in the market—I should not have minded eating a sirloin of it—a butcher, named Gascoigne, saw it in the afternoon, just before it was packed.
Cross-examined. Q. You say you had the heart for dinner; I suppose it was highly seasoned? A. It was very good—this was as fine and healthy an animal as ever I slaughtered—it did not appear to have anything at all the matter with it.
Q. You were asked whether there was any appearance of serum about the fat, and you said no; pray what is serum? A. When it is bad meat—this was good meat; there is no better meat killed—I don't understand your language—it was good meat; I don't know what you may call it; you may call it what you like—I know good meat from bad—I saw the broken rib; it was the first short rib; it was broken short in two—there is only one short rib—I examined the place—there was no appearance of disease about it, only where it was broken; no other disease except that—that was all the disease there was about it—the flesh was not inflamed where it was broken; not at all—it did not present any unusual appearance—the meat was not so sound and healthy exactly on the bone where it was broken—it was inflamed round about where it was broken, nowhere else—it was a little place about as big as a half-crown—the rib was broken in two—I first saw Mr. Peck about this matter down at his house; he sent for me—Spencer was with me then; he came down there and I asked him to help me—he was not with me the first time I was talking to Mr. Peck about slaughtering this beast—that was the morning I slaughtered her—I did not slaughter her about 9 in the morning; it was between 5 and 6—he had talked a day or two before about having it killed—he had not said anything to me about killing it till he sent for me that morning—the man came for me between 4 and 5 o'clock in the morning—that was the first I heard about slaughtering the cow—I had never heard of it before then—Mr. Peck had never said any-thing to me about slaughtering her before that—I pledge my oath of that—I went up and asked Spencer to help me fetch it away from Mr. Peck's house to the slaughter-house—Mr. Peck sent for him—he came a little before 6—that was the first I saw of Spencer—I had not slaughtered her at that time—Spencer was there, and assisted me to slaughter her—I never tried to get her up—she lay down when she was killed, and Spencer hit her with the pole-axe, and I stuck her while she was lying on the ground—a great many beasts are slaughtered down like that—they often get down in the truck, and get hurt—if she had been in a condition to rise, I should have adopted the ordinary plan of pulling her up to the bull-ring—I did not kill her in the usual way, because I could not get her up—I did not see
anything she matter with her, only that—I had seen her three or four days before that—she was always lying down when I saw her—I cannot tell the first time I saw her—I dare say it was two or three days before I slaughtered her—she was in calf—she was removed from Mr. Peck's down to my slaughter-house to be dressed—Spencer assisted to do that, and assisted me to dress her, and pack her—he did all that he could do.
COURT. Q. You said just now, that all he did was to dress the head, and you did all the rest. A. That was all he did.
MR. SLEIGH. Q. Did he assist you to skin her and get her dressed? A. He did her head; that was all—I said so before—he did not help me dress her—he did nothing more than the head—from the time the animal was taken to the slaughter-house until she was sent off to market, he gave me no further assistance—he did not do more than help me load her into the cart, and put her into the hamper—I do not know many meat salesmen in London—I know nothing about London men—I had nothing to do with sending her to London—I did not know anything about sending her to London—Mr. Peck said nothing to me about what we were to do with her—he did not say what was to become of the meat; he did not say we were to sell it—I had nothing to do with it but slaughtering it—I had nothing to do with selling the meat.
Q. On your oath, did not Mr. Peck tell you to do the best you could with it? A. No, he never did; nor asked me what I could do with it—I was to have 3s. 6d. for slaughtering it—I was paid that for my job—that was all the money I was to have in the matter—that was all I had, and I was not to have any more—I did not go with it to the station—I helped to dress it and put it in the hamper, and that was the last I saw of it—that was at my slaughter-house, on the Friday night—it was then taken away by Spencer, in a cart—I do not know who brought the cloths and hamper to the slaughter-house—they were there when I came home—I had gone to kill a pig, and when I came back they were there—the weather was not cold weather at that time—it was a very bad morning, a wet morning.
MR. COOPER. Q. If I understand you right, you saw this animal a day or two before you slaughtered it, at Mr. Peck's? A. Yes; Mr. Peck had no conversation with me about it then, that I recollect—I am sure I cannot say—he said he had been buying it of Mr. Partridge—he did not say anything more, to my knowledge—he told me he thought there was something broke in her loins, or something—he did not say anything then about what he should do with her—I do not recollect that he did; he may have done so, but I cannot say whether he did or not—I cannot tell you how the cow came to be sent to London—I do not know anything about that—I recollect Mr. Peck coming down to the slaughter-house and seeing the cow after it was dressed—Spencer was there then—I do not recollect his saying anything then, as to how the cow was to be disposed of—I do not recollect anything passing between Spencer and him, at that time, about its going to London—there might be some conversation between them, but I cannot recollect—I know that fishmongers come up to London to purchase their fish—Spencer comes up to London to purchase fish.
JOSHUA GASCOIGNE . I am a butcher, and have been so all my life—my father was a butcher before me—I live in Back-street, Hitchin—I saw this cow of Mr. Peck's about two hours after it was slaughtered—it was not good cow beef; it was thin, still it was fit for market when I saw it; stiff, and fit for market—it was light-run a little, which is prevalent among animals—the lights had grown to the side—that is often the case—I saw nothing in
the meat to render it unfit for market when I saw it, or unfit for human food—in such cases, the fat is generally skin instead of fat; it is not solid fat—it is my belief, if it bad not had a broken rib, it would have got over it; I mean it would have got over the accident, and would have lived—I dare say there was excruciating pain—I did not see anything that I should call disease in the animal; nothing to render it unfit for market; only at that time it had been raining for some considerable time, and very likely the hamper was exposed out in the air, and so it got wet—that would certainly make a difference with the meat afterwards—of course, anybody could tell that it was good meat as I saw it, hanging up by the body'—they oil it a body of beef when it hangs up—if it appeared good meat to me, who am a butcher, it would most decidedly appear as good to a fishmonger.
Cross-examined. Q. Did you see this animal while it was alive? A. No, I did not; all I saw of it was hanging up there in the slaughter-house—that was two or three hours after it had been slaughtered—it would still be a little warm—the butcher had dressed it—I could see what I have mentioned about the lights; it is prevalent among fat beasts as well—it had been finished when I saw it, and hung up—the dressing had been completed; the inside had been taken out then—the defendant was not there when I saw it, nor Mr. Peck—no one was there—I went there because the yard belonged to my brother, and I had been hiring it, within about 3 months ago—I go down there now and then—I was there promiscuously—I was not called upon to look at the meat—I went in accidentally—I merely took a cursory glance at it, no more.
MR. COOPER. Q. After you had been there, did Mr. Peck come to you? A I did not see Mr. Peck or Taylor—I saw Taylor it might have been in the evening—I cannot tell when it was-now; it is so long ago—being a botcher, of course, I should look at the meat.
COURT. Q. You say the lights had grown to the side? A. Yes, I saw that, because there was a little kind of froth at the side—the lights had been taken away, but it leaves an impression on the ribs—there were marks of the lights having grown to the side.
MR. COOPER. Q. Is that common to fat beasts as well as lean? A. Yes, it is—I have known the prisoner all my life—I never heard anything against him—he was always an honest, hard-working man, and respected by everybody about there.
GUILTY—Strongly recommended to mercy by the Jury, believing him to be a tool in the hands of Peck, who, in their opinion, ought to have been placed in the dock as well as the prisoner.
GUILTY— Confined One Fortnight.
PLEADED GUILTY .
MR. SERJEANT BALLANTINE, for the prosecution, stated that the prisoner had been for nearly fifty years in the employment of the husband of the prosecutrix, who was a very aged lady, and a widow, and who was anxious that no punishment should be passed upon the prisoner that would further aggravate his unhappy position.— Confined One Year.
There were other indictments against the prisoner.
NEW COURT—Friday, April 12th, 1861.
PRESENT—Mr. RECORDER; Mr. Ald. MECHI; and Mr. Ald. DAKIN.
Before Mr. Recorder.
MR. LLOYD conducted the Prosecution.
EDWIN GREGORY . I am assistant to Mr. Powles, a hosier, of Fleet-street—on 26th February, the prisoners came—I was at the other end of the shop, and saw Mr. Powles serve them with twelve cambric handkerchiefs, two silk scarfs, six pairs of kid gloves, one silk mantle, three flannel shirts, and thirty-six yards of Irish linen—they selected them between them—they came to 12l. 16s.—they ordered them to be sent to 17, Margaret-street, at 7 o'clock—I took them there, and was answered by a maid-servant—I said that there was 12l. 16s. to pay—she said, "Mr. Carri is out, but will be in in half an hour—I remained in the hall, and the servant went up stairs—a man with a cap came in, asked for Mr. Carri, and went up stairs—I had remained there twenty minutes or half an hour when Carri came in and went up stairs—I remained a few minutes and the man with the cap came down and went out, and afterwards Carri went out—I stood up to speak to him, but did not as I thought he had perhaps gone out to get change—in consequence of something the maid said, I went upstairs and found Paul and Mr. and Mrs. Robinson, as I understood them to be—I demanded my goods of Paul, or else the money—he said that he had not got them; Mr. Carri had gone out and had taken them with him—he spoke to Mr. Robinson in their own language, and then he took his hat and said he would take me to a friend's house where he thought we should find Mr. Carri—they can both speak English—I know that Carri can, because he spoke to me, and he spoke at the police-court—it was broken English, but such as you could understand—I went out with Paul to Oxford-market, and in Soho-square I ran up against Carri, and the man with a cap on—I asked Carri for my parcel or the money—he said that I was to go home, and he would call again to-morrow—Paul was within hearing; they were all three conversing together—I said, "I must have either the parcel or the money, or I will send for a police-constable—we all four went to the house in Margaret-street; one of them knocked at the door, and the man with the cap on turned and went away—the two prisoners went in, and I followed them, and asked the man to run for a policeman—the landlady spoke to the prisoners about my parcel; they said that they had not got it—I was asked to follow them up stairs to the first floor—Carri slipped into another room, and Paul said, "Come along here," or "Follow me up here," trying to induce me to follow him up higher—I said, "I shall not go up, for I know Mr. Carri is gone"—the landlady said,(You had better lock the front door," which I did, and put the key in my pocket—shortly afterwards a policeman, Barber, came, and I told him what had happened—Paul, who had followed me down to the hall, spoke to him—we then went up to the second floor, front, and found Carri smoking a pipe—the policeman demanded the parcel or the money—Carri said that he had not got it; it was locked up in the other room, and Mr. Robinson had got the key—he wanted me to go home, and to write something on a paper for me to take and show to Mr.
Powles, but I would not have it—shortly afterwards Paul went into the other room and produced six pairs of kid gloves and two silk scarfs—they were jumping about like mad men because I would not go without the goods, and Paul got a poker and advanced to me and the constable, and another constable was sent for—they said that we had better take them to the station to have it settled—they would not produce the other articles—Carri asked me if I would be good and kind if he showed, me where the parcel was—I said, "Yes, all I want is the other portion of the parcel"—we all went out together with the constable, and, they took us to the ice-shop in Oxford-street, where I saw the other portion of the parcel lying on the table all untied—I got my articles and saw that they were all right—one of the policeman asked the ice-man, in the prisoners' presence, who had brought them—he said that Carri had brought them and wished him to let him put them under the counter, but he would not, and he put them on the table—I then gave them both in charge—these are the things (produced)—they are my master's property.
Cross-examined by MR. ROWDEN. Q. Who came into the shop first? A. I cannot say positively—I was nearly the length of this Court from them—I could hear them talking, but not to understand what they said—I believe Paul spoke the most—when I went to Margaret-street, Paul did not tell me at once where Carri was, he took me out to show me—there was a fire in the room when I went in; Paul was sitting by it—he was not poking it that I am aware of.
Carri (through an interpreter). Q. When you met me, was not I alone? A No—Paul did not act solely as your interpreter; you spoke a little broken English—he helped you to select the goods, that is very certain—I did not understand you to order him to select goods for you—you both chose them together—you spoke together—Paul wrote the address, 13, Margaret-street, by your instructions—I heard you talking, but could not understand you—I was present when the best part of the goods were bought—I was serving somebody else, but was close to you—I got the goods for Mr. Powles, but did not show them to you—I did not charge you 3l. or 3l. 10l. too high—you did not tell me that you had taken the goods and would show them in Nassau-street to have them valued, so as not to pay too high for them—you did not tell me that if I would not trust you with the goods to come home with you, and you would give them to me back, nothing of the sort—it was five or ten minutes' walk from the house that I met you in Oxford-street—you were not alone then—going towards home you did Dot ran away, or I should have run after you.
JURY. Q. Did the prisoners know that the goods were to be paid for on delivery? A. Mr. Powles served them, but it is on our bills—Mr. Powles is not here; he cannot leave—we never give credit unless we know people.
THE COURT considered that the case could not be proved without Mr. Powles' evidence.
NOT GUILTY .
MR. ROWDEN conducted the Prosecution.
JOHN CHARLES PARKER . I am carman to Mr. Butterworth and his partner, grocers, of 110, Shoreditch—on Wednesday, 6th March, about 2 or 3 o'clock, I was out with my masters' van, containing a chest of tea and three caddies, which I bad fetched from the docks—I left it for ten or fifteen minutes opposite the foot entrance to the Long Room at St. Katherine's
Docks, and when I came back it was gone, tea and all—it was a four-wheeled van, painted green, with a red board in front, and my master's name on it—the tail-board, Was up and fastened by a chain—it was covered part of the way, and the rest was rails—any one could see the chest of tea—there were no pins.
Cross-examined by MR. LLOYD (for Price). What size was the chest? A. Eighteen inches high; it was under the seat inside, where the driver sits.'
JOHN DALE . I lived at 8, Ellen-street, Backchurch-lane, when this happened—I am foreman to Messrs. Butterworth—it was my duty to look after this van—on Wednesday afternoon, 6th March, about 3 o'clock, I was going along Royal Mint-street, and saw Kent driving our van, with a tea-chest in it—he was sitting on the seat-board and Price was running after it—I cannot say whether he gained on it—it went in the direction of Cable-street—Price saw me, and turned over to the other side of the way—I went with Deeble to Messrs. Butterworth's, the same night, and saw the same van there.
Cross-examined by MR. LLOYD. How far is Royal Mint-street from the entrance to St Katherine's Docks? A. From two to three hundred yards—the van went past me—I was on the pavement—the horse was in a trot, going four or five miles an hour—I did not suspect anything at the time—there were other people in the street—I saw the van for about 100 yards—it passed me—I was going one way and it went the other—I was not watching it, but I saw it because I am in the habit of looking after our Tans—I met Price face to face—I have seen Kent before on Tower-hill, and in company with Price, but did not know him to speak to—I have no doubt they are the men.
DAVID O'HARA . I am a labourer of Nichol-street, Shoreditch—on Wednesday, 6th March, between 3 and 4 o'clock, I was at Stepney-green, and saw the horse and van—there was no one with it—I stopped it, and took it to Messrs. Butterworth—there was only a seat-board and a horse's nosebag in it.
JOSEPH BUTTERWORTH . I am in partnership at 110, Shoreditch—on the afternoon in question, our carman went out for some tea and some caddies—the van was brought home with nothing in it, by O'Hara, about twenty minutes to 5 o'clock.
JOSEPH DEEBLE (Policeman, H 195). I received information, and on the morning of 9th March, went to Tower-hill, with another constable, and the prisoners were pointed out to me in conversation—I told them I was a constable and should take them in custody—I took Kent, and the other constable took Price—Kent asked what it was for—I said, "For stealing a horse and a van-load of tea, last Wednesday, about 3 o'clock"—he said, "All I know about it is, I was employed to drive a horse and van from Rosemary-lane"—(Kent—"That is false; I told you I knew nothing of it;")—the distance from where it was stolen, to where it was found, was about 200 yards—I asked them their names and addresses at the station, and the inspector asked them, but they refused to give them—I had seen them together within a week or a fortnight before this.
Cross-examined. Q. Did not they subsequently give their addresses? A. No; I do not know it yet, but I left Price to the other constable—they would have to go through Rosemary-lane to go to Stepney—Royal Mint-street is Rosemary-lane.
charge, and on the way to the station he said, "This is fine; dragging us through the streets for nothing at all"—I know both prisoners well by sight.
THE COURT considered that there was no case against PRICE.
NOT GUILTY .
KENT— GUILTY .—He was further charged with having been before convicted.
JOHN HENDERSON (City-Policeman, 172). I produce a certificate. (Read: "Central Criminal Court; John Clark, convicted December, 1849, of stealing sail-cloth and canvass.—Confined One Year.") I was present and had him in custody—Kent is the man.
GUILTY.**— Four Years' Penal Servitude.
MR. BRIBEY conducted the Prosecution.
THOMAS HANWELL . I am a boot-maker of John-street, Am well-street—on a Saturday night, at the end Of March, between half-past 11 and 12 o'clock, as I was passing along, the prisoner and two others stood by the side of the kerb—the prisoner, who was the nearest to the kerb, hit me on the back of my head with his fist—I turned round to ask him-what he had done that for—he put his hands up, drawed back, and I made grasp at him, to get hold of him, but one of them took me up by the back of my trousers, and I was thrown down—while I was down the prisoner was in front of me, and I felt his hand in my left-hand trousers pocket—he had then come for-ward in front of me, while the other men threw me down—they all made off, and I missed 4s. 6d. out of that pocket, which was all the money I had—it was safe hardly a minute before, I had only been next door to get some beer for my supper, and was going home—I went up Crown-court into Chapel-street, and saw the prisoner leaning with his hand against a lamp post—he saw me, put his hands to his face, and tried to slear away—I said, "You are the person I want, and the person I will have"—he bolted away, and I after him, hallooing, "Stop thief!"—two men stopped him—I collared him with my right hand, with my thumb outside, and he sent his teeth right to the bone of my thumb, kicked me on the legs, and I have got a scar now—I have been laid up ever since—here is my certificate from the hospital—I gave him in custody—I saw his face close to the lamp-post—I am certain he is the man—my money was a 2s. piece, two shillings, and a sixpence.
Cross-examined by MR. DICKIE. Q. Where had you; been? A. I did not leave work till half-past 10—I had a pint of beer as near as I can tell, and three halfpenny worth of gin—I had had half a pint of beer for my lunch—I had not been drinking at a pump, nor did I find the prisoner drinking at a pump that evening—I did not attempt to fight the prisoner when he struck me—I did not see the prisoner and die other man speak to each other, but they stood together, not half a yard apart—it was not dark when I was thrown down, but the lamps are further apart there—the prisoner drew me into a place where it was a little darker—there were not three men on me; only the prisoner—as I tumbled, I suppose he tumbled—I am sure it was the prisoner—I had a fall sight of him, and can swear he is the man who was in front of me before I fell—the second man was further behind me; there were three—I afterwards found the prisoner leaving against a lamp post, as if he were looking for some one.
MR. BRABEY. Q. Did you say that as soon as the man caught you behind and threw you, the prisoner came forward and you saw his face?
A. Yes; the prisoner was before me—the man who held me was behind, and the third man was further off—I am quite sure that it was the man who was before me, who had his hand in my pocket.
JOHN HORNBLOW (Policeman, A 299). The prisoner was given in my custody on Sunday morning, 24th March, at a few minutes after 12 o'clock in Portland street, Soho, on a charge of assaulting the prosecutor, in company with two others, and robbing him of 4s. 6d.—he said nothing—I found a florin, two shillings, a sixpence, a threepenny-piece, and threepence in copper, in his left hand pocket, all together; half a sovereign, and two half-crowns in his right hand pocket, and a sovereign, a threepenny piece, and three half-pence in his watch fob—I had been told before that, by the prosecutor in the prisoner's presence, what money he had.
Cross-examined. Q. Did the prosecutor say anything about coppers to you? A, He did not—he was sober, I believe.
GUILTY .— Confined Twelve Months.
MR. ROWDEN conducted the Prosecution.
ARTHUR BOOTH . I am an iron trimmer, of 4, Wharf-road, Paddington-green—on 18th March, about twenty minutes past 1 in the morning, I saw the prisoners walking together—when I was about three yards from them the female prisoner said, "How do you do, young man?"—I made no answer, and the male prisoner came up, took hold of my right arm, and said, "I want to get away from this woman"—I said, "Well, I don't want you along with me," and tried to get loose from him—he struck me on the forehead with his fist, and on the nose, and the female came up and struck me on the eye and cut me—it appeared to be something harder than a fist, and sharper—I bled a great deal from my nose and eye—I have got two marks now—I was struck a good many times by both of them—they did not get me on the ground—I lost a black silk handkerchief off my neck—I called," Police!—a constable came and saw them both assaulting me—I gave them in charge.
Cross-examined by MR. SHARPE. Q. What had you been doing? A I had been at Clerkenwell to see a friend, and was coming home—I bad been there all the afternoon, and left about a quarter to 1 at night—it is a private house—I had a pint of beer there for my supper, and about a pint at dinner—I had had no spirits or wine all day—I was perfectly sober—the male prisoner did not appear under the influence of liquor—I did not stop till I was struck—the male prisoner came up first, but the female accosted me first—what he said to me was not, "I want to get you away from this woman"—she was not holding his arm, but they were walking together—I did not answer the woman—I gave the male prisoner a dig with my elbow, and tried to get away, and he caught me by the neck.
THOMAS BUNT (Policeman, E 133). I was formerly F 178—I was on duty in Holborn on the morning in question, heard a cry of "Police," and saw the male prisoner holding the prosecutor by the throat in the middle of the street, and striking him often, and the female prisoner struck him twice—he was sober, and gave them in custody.
Cross-examined. Q, Did you take them both in custody there? A. I took the female at the moment—another constable, who is not here, came up, and I told him to bring the male prisoner, and saw him take him—they were both taken at the moment.
GUILTY .— Confined Eighteen Months each.
MR. SHARPS conducted the Prosecution.
CHARLES GERMANUS VENES (Policeman, F 96). On 25th August, about half-past 5 in the morning, I was on duty in High-street, St Giles's, and saw the prisoner carrying a basket—I stopped him in Endell-street, and asked him what he had got in the basket—he said, "Some things of my own"—I asked him whom he had got them from—he said, "From out of George-street"—I asked him where he was going to take them to—he mentioned some court in Wild-street—I directly said, "There is no such court there; I do not feel satisfied of the things; you must go to the station"—he then said, "I do not mean that, it is Orange-court"—I looked over the things—there were a great number of articles—I said I should take him to the station, and he said, "Give me a lift with the things," I did so—he walked by my Bide forty or fifty yards, then threw the basket down between me and him, and ran away—I pursued him some distance, leaving the basket with two other constables—I could not overtake him—I did not see him again till 6th April—that was at the corner of Charles-street, Drury-lane—I then told him that I took him for that little job in High-street—he said, "I know nothing about it"—I said, "It is relative to the basket that I stopped you with about seven months back"—he said, "I am not the man"—this half-pint pewter measure (produced) and towel were in the basket which he was carrying.
Prisoner. It is all false; I was not there. Witness. I knew you by sight before—I had seen you once or twice previously.
EDWIN ALDRIDGE . I am a plumber of 23, High-street, Bloomsbury—on the night of 24th August I went to bed about 9 o'clock or half-past, having locked everything up—next morning at 6 o'clock I missed a number of stripped—I had heard nothing in the night—on the evening of 25th I saw this towel and pewter at the station—they were safe when I went to bed—my name is on them in full—I missed them next morning.
Prisoner's Defence. I am not the person; I cannot run very fast, I have to a broken foot.
COURT to CHARLES GERMANUS VENES. Q. Do you mean that you had seen him once or twice about the street'? A. Yes—I had never spoken to him, but on this morning I was in conversation with him for five minutes—he did not run very fast, but it was a very wet morning; the tails of my coat were wet, and I had my lamp behind me.
NOT GUILTY .
ADAMS PLEADED GUILTY .— Three Years Penal Servitude.
MR. GRESHAM conducted the Prosecution.
WILLIAM SMITH (City-policeman, 572). On Thursday morning, 21st March, about 4 o'clock, I went with Parritt to Castle-street, Holborn—I was inside No. 2.7, and between 4 and 5 o'clock I saw the prisoners come down stairs from their bed room—they both went into the back yard—I went out into tin-street—they did not see me—they got on the opposite side of the way, and went in the direction of Holborn-hill—Bartling went.
On the opposite side of the way, and just before five, Adams came out and went in the direction of Holborn-hill—he returned a minute or two afterwards with a Hansom cab, got out, went into No. 27, and commenced loading the cab, carrying bundles of leather, and Bartling assisted him in carrying some of them—they were such pieces as these (produced)—after the cab was loaded, Adams got in, and Bartling stepped up on the step behind as if giving directions to the cabman where to drive—I got into the cab, and directed Parritt to take the other into custody—they were taken in custody with the leather, this label (produced) was attached to it; it is marked "R W. H., 104 C, paid March 18th, 1861"—between 12 and 1 o'clock the same morning I was at the same place, waiting, and Bartling came in and inquired of Mr. Evans, the lodging-house keeper, if Mr. Smith was there—Evans said, "What Mr. Smith No,—he said, "The person who brought a parcel this afternoon"—Evans said, "No, he has gone to the theatre, and will not be in till late"—I received this label from Evans, it was taken from the bale in my presence—Bartling gave his correct address, Newcastle-court—it is a lodging-house, where he has lodged for some time—the landlord is here.
Bartling. I did not say that Smith would come back from the theatre that night; I said, "I will come back in the morning."
CHARLES LAMMING . I am clerk to Richard Hellaby, of 1, Gresham-street, tobacco manufacturer—on Wednesday, 20th March, about twenty minutes past 1, I saw a bale on the staircase leading to our warehouse—it contained 289 lbs. of kip billies—that is leather—I did not notice a label attached—I cannot swear to the leather—I saw Adams there—I missed the bale on returning from dinner, about twenty minutes past 2—it belonged to my employer.
HUMPHREY VAUGHAN EVANS . I live at 27, Castle-street, Holborn, and keep a lodging-house—on Wednesday afternoon, 20th March, about 3 o'clock, I had some conversation with Adams, in consequence of which I received a bale of leather, about half-past 2 or 3 o'clock—I let him a room to put the leather in—I know Bartling—I saw him that evening—he came about half-past 12 and asked for Mr. Smith—I said, "What Mr. Smith do you mean?, I have many Smiths in the house"—he said, "The person who left a bundle of leather here"—the prisoners slept at my house that night—they came in about half-past 1—Adams then asked me, in Bartling's presence, if he could be called at 5 o'clock in the morning—I called the night porter and said, "Yes, you can be called at any time you think proper—he gave directions to the night porter to call him at that hour, as he had to take some goods to Paddington station, to go by the 6 o'clock train—I had let the sleeping room to Adams for himself that afternoon—they both went to bed at my house—the first time I saw this label was, I believe, in Adams' hand, when he asked me if I could make room for a bundle of leather; and the next time I saw it, it was on the bale which was brought to my house—when Adams said the Paddington station, Bartling corrected him, and said, "You mean the Eastern Counties."
RICHARD HEATH WOOD . I live at 12, Ann's-place, Hackney-road, and am warehouseman to the prosecutor, Mr. Hellaby—on this Wednesday afternoon I noticed a bale of leather at the foot of my master's stairs, about ten minutes past 1—there was a label attached—this is it, "R.W. H., 104"—I missed the bale when I returned from dinner.
in Holborn—Adams came and hired me—he took me to 27, Castle-street—he and Bartling brought some leather out of the house and put it into my cab—I drove to Evans's, Covent-garden—Adams got into the cab, and I asked Bartling to ride outside, as the weight was too much on the horse's back—I asked him to stand by me, but he had not got up before the officers took him—he said nothing to me when he was getting up—Bartling gave me the order to go—Adams said, "Is he going to the Eastern Counties?"—Bart-ling said, "No; he knows where to go to."
GEORGE PARRITT (City-policeman, 227—Examined by Bartling.) Q. What did I say, going to the station? A. I took you off the steps of the cab, and on the road to the station you said it was a shame to be dragged into it like that, referring to Adams; that you met Adams the previous night, who told you he could put you in the way of earning a shilling or two in the morning, and that you were very glad to accept it.
The Court considered that there was no case against Bartling.
NOT GUILTY .
MR. O'CONNELL conducted the Prosecution.
ALFRED JONES . I am turned 14 years old—I am in the employment of Mr. Cook, and drove a van for him—he carries on business in Cumberland-street, Hackney-road—on 15th February, about 10 minutes to 6, I was with the van in Church-row, Bethnal-green—it contained six sacks of flour belonging to Mr. Pratt, of Hackney-road—my master had charge of it—I had been at the railway-station and saw the prisoner in Church-row—he asked me whether I came from the pastern Counties Railway—I said, "Yes"—he told me to go back to Mr. Casey and get the right order; that I had got the wrong order—I had seen Mr. Casey at the station—the prisoner told me he would mind the van while I went back, and I left him with it and went back to the railway to Mr. Casey, but he was not there—I then went to the policeman at the gate, who sent me to the station—I then vent to where the van had been, and it was gone—I then went to Spital-square station; I did not find it there, but by the time I had gone back and told Mr. Cook it was at Spital-square—I found it there just upon 7 o'clock—two sacks were gone out of it and four were left—I had had six—this was on Friday, and I saw the prisoner in custody at Spital-square on the next Friday—I picked him out—he was with two more men—I am positive he is the man.
Prisoner. The policeman described the man to you before you came in. Witness. He said nothing to me, but told me to wait outside—he asked me what sort of hair the man had, and whether he had got any whiskers, and I told him that you had no whiskers, that your hair was black, and that you had a corduroy jacket and trousers.
ROBERT WELLS (Policeman, H 23). On Friday night, 15th February, about 7 o'clock, I was on duty and found Mr. Cook's van in New Nichol-street, Bethnal-green, about half a mile from Church-row—there was no one in charge of it—it contained four sacks of flour—I took it to the police-station.
THOMAS COOK . I am a carman of Cumberland-street, Hackney-road—the boy Jones was in my employ—I sent him to the Eastern Counties Railway for six sacks of flour on 15th February—they were worth over 12l.—I found my van and horse at the station that night.
Prisoner. Q. Did the boy describe the man to you as being all over flour? A. He said that his cap was all over flour, and his jacket like one of the rail-road porters—there was nothing the matter with the order.
JOSEPH DEEBLE (Policeman, H 195). I received information, and took the prisoner on 21st February in the Commercial Road—I told him I should take him for stealing a horse, and van, and a load of flour—he said that he knew nothing about it, he was at work at the time—I took him to Spital-square police-station, and sent for the boy—I then put the prisoner among two or three persons similar to him in height; the inspector then called the boy in and said, "See if there is any prisoner here that you know"—he went up to the prisoner and said, "You are the man."
Prisoner. Q. How was it you have never been to my residence? you have got another indictment against me, and you might have found the tickets for the blankets? A. Your wife was with you when I took you, and I knew she would move everything.
MR. O'CONNELL. Q. Where does he live? A. About four or five yards from where I took him, and about a mile from the police-station.
Prisoner's Defence. I am as innocent as the child my wife has in her arms. It is all villainy and spite; he told them what sort of a man I was, and got them to perjure themselves. It is an old grudge.
COURT to JOSEPH DEEBLE. Q. Tell me exactly what you said to him? A. "I shall take you in custody on suspicion of stealing a horse and cart, and some flour—I do not think I said when; but he said that he did not know anything about it, he was at work at the time.
GUILTY .—He was further charged with having been before convicted.
PORTER WILLIAM DUNNAWAY (Policeman, H 129). I produce a certificate (Read: "Clerkenwell Session, Robert Collins, convicted February, 1858, of stealing 123 lbs. of sugar; Confined Eighteen months.")—I was present—the prisoner is the person.
GUILTY.**†— Four Years' Penal Servitude.
The prisoners being foreigners had the evidence interpreted to them.
HENRY DICKENSON . I am a messenger at 9, Mincing-lane—on the evening of 13th March I was at St. Dunstan's-hill—I saw the defendant Ernest there—he asked me to take a parcel to 20A, Pudding-lane, and be would pay me well if I took it—he said, "If anybody asks you where you came from, say from William Barber and Co., 14, Piccadilly"—I was to receive 9s. 6d. for the parcel—he gave me a bill—this is the parcel (produced)—it is a box directed to "J. Williams, Bertolini and Co., 20A, Pudding-lane"—I took the parcel there and saw Mrs. Garton and Mr. Prentice—they offered me the money, but I would not take it—Mr. Prentice came with me to the Cow and Calf where Ernest had told me to meet him with the money—I did not find him there—I went up to my office, and on coming down St. Dunstan's-hill I saw Ernest again—he asked me if I had got the money—I said I had to go again in the evening for it—he told me to meet him again in half an hour in Mark-lane—I then went back again to Mr. Prentice—I afterwards went to Mark-lane und saw Ernest there—I said if he liked to come with me to Pudding-lane, I would get him the money—he said he did not like to go as he did not like to see his landlord—I then gave information to the police—I saw Plentz walking up and down Tower-street, opposite the Cow and Calf; he did not speak to me.
CHARLES PRENTICE . I a chemist—I was staying at Mrs. Garton's, 20A, Pudding-lane—some persons under the name of Williams, Bertolini, and Co., bad offices there—they left in January, and I was authorized to take in letters for them—Plentz passed under the name of Bertolini, and Ernest was there as a clerk—on 13th Dickenson brought this parcel—in consequence of what he said we opened it, and found in it the half of a brick—it is addressed to Williams, Bertolini, and Co.—I went with Dickenson to the Cow and Calf—I did not open the parcel till after that—afterwards, in going along Love-lane, I saw Plentz—he was crossing the top of Love-lane to East-cheap—he took no notice of me nor I of him; I was waiting to find Ernest—I afterwards gave Plentz into custody—I told him it was in consequence of having sent the fictitious parcel—he acknowledged that he had sent it, and begged me not to give him into custody; he said lie was coming for it.
The prisoners, in their defence, stated (through the interpreter) that the parcel in question was made up and sent, in order to see whether it would be properly taken in for them, as letters and parcels had on previous occasions been delayed by Mrs. Garton, to the injury of their business.
MARY ANN GARTON (re-examined). They owed me some rent, which I could not get, and I did' detain some letters for about five days, thinking that would induce them to pay it—it was not paid—I gave up the letters because I thought it would, perhaps, be injuring their business—that was on, the Saturday previous to the parcel being sent—we have had parcels brought from Gresham House, and have paid 7s. or 8s. for them, and have been paid again when I gave them up—I would not give them up until they paid me.
NOT GUILTY .
JOHN KING . I am a Scripture Reader, and live at High-street, Stepney—last Wednesday fortnight I was going down Petticoat-lane, and had my watch stolen—I caught hold of the person who stole it and called "Police"—I held the man for a little while—there was a crowd, and the prisoner came up and twisted my finger, making me loosen my hold, and the man escaped—a policeman came up, but the prisoner left—I saw him again last Saturday, and gave him in custody—he said that he was not near the place, but I am sure he is the man—I did not know him by sight.
Prisoner. The policeman took me out of the market where I deal, and you told the inspector that you did not knew it was me, for I had not got so much beard. Witness. You were looking on one side and slfutting your eyes, and I said, "It looks like the man, but he has more beard on than he had when he rescued the man—if I had a doubt, I would not swear to, you."
Prisoner. I had my beard shaved off, and the barber can come forward.
DAVID CARTER (Policeman, 88 H). I was on duty in Petticoat-lane, heard a cry of "Police," and saw Mr. King holding somebody—I saw the prisoner go behind him, twist his hand, and rescue his prisoner—I pursued the man who was liberated, but could not catch him—I am sure the prisoner is the person.
Prisoner. He is telling a falsehood.
CHARLES BROWN (City-policeman, 654). I received information of the stealing of this watch—I know the prisoner; he sometimes lives at home, but not always—I looked out for him after this, in consequence of what I heard,
but could not find him till last Saturday, when I received information that he would be at Billingsgate.
Prisoner. You told the Lord Mayor that you had been to my place to look after me four times. You never went once; you saw me five or six times, and never took me. Witness. You referred me to two men who you said you were in company with.
Prisoner's Defence. I am as innocent as a child.
GUILTY .**— Confined Three Months.
THIRD COURT—Friday, April 12th, 1861.
PRESENT.—Mr. Ald. MECHI; Mr. Ald. DAKIN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY.—Recommended to mercy. — Confined Three Months.
364. MARY WINTER (33), and ISAAC STURT (43) , Stealing 24 packets of cotton, 120 laces, 10 lbs. of beads, 60 stereoscope slides, 1,080 yards of tape, and other articles, the property of Charles William Cookworthy Hutton and another, the masters of Sturt; also for feloniously receiving the same.
MESSRS. GIFFARD and LEWIS conducted the Prosecution.
WILLIAM SMITH (City-policeman). I am a detective—the prisoner Whiter lived at 20, Great Mitchell-street, Brick-lane, St. Luke's—the prisoners were acquainted—I have not seen them together—I have seen Sturt go to her house many times—I had seen him go there about 3 or 4 months previous to his apprehension—the last time was about a week before—on 9th March, about 1 o'clock in the day, I and Foulger were in Wood-street, and Sturt passed us, carrying this bag, with something in it, (produced) over his shoulder—we followed him to No. 20, Great Mitchell-street, Winter's house—he remained there about three-quarters of an hour, and then came out with the bag over his shoulder, apparently empty, and went down Mitchell-street, into Brick-lane, towards Old-street; Foulger and I followed him—Foulger called him by name, and said, "Sturt, we are officers"—I said, "You have been into 20, Great Mitchell-street"—he said, "I have not"—I said, "You have left a parcel there"—he said, "I have left no parcel there"—I think Foulger an I spoke at the same time; I said, "Do you live there?—he said, "No, I do not"—he was very much confused—we took him to 20, Great Mitchell-street; I made inquiries of a woman who was cleaning in the passage, at the bottom of the stairs, whether the prisoner had been up stairs, and she said that he had not—I opened the parlour door and saw—Winter in the front room—I asked her whether she knew who Sturt was, and whether he had been in there—she said she did not know him, and he had not been in there—I turned to Foulger and Sturt, with my back to the female prisoner, and as I turned again, I saw her with her back to me, and her face to the sideboard; she then went towards the back room—it is divided by a partition, with a door in the centre—I caught hold of her, and said, "What have you there? we are officers"—she had these 2 watches and this chain in her hand (produced)—I took them from her—I found these 6 duplicates in this box (produced) in a drawer in the front room
—after finding these, I said to her, "Sturt has brought a parcel here"—she said, "He has not"—I said that he had just left, and she denied it, and continued to deny it all the time we ware there—we searched the place, and found a great quantity of Berlin wool, worsted, netted handkerchiefs, neckties, beads, and about 50 bundles of coloured wool—we found these two parasols (produced) hanging up in the front parlour—I examined a box, and found some more duplicates—some of them are made out in Winter's name—they relate to new dresses and new shawls—Winter said that a man left them there—I told her that I should take her into custody—I asked her whether she occupied those two rooms—she said that she did—I asked her whether she knew Sturt—she said, "Yes"—I said, "Do you know that he worked at Hutton's, in Newgate-street?"—she said, "Yes, I know that Mr. Sturt worked there"—she made no statement about how she became possessed of the property till after the examination—I asked her her occupation, and she said she was a charwoman, and took in washing—I said, "How long is it since you have done any charing?"—she said, "Twelve months ago"—I asked her how long ago it was she had done washing—she said she had washed 6 shirts for Sturt's boys—while we were in the house, I took from her a savings' bank book—she went into the back room, and I followed her—I saw her put her hand in her pocket—I took her hand from her pocket, and she had a savings' bank book—it showed a deposit in her favour of 7l. 0s. 2d.—I have not got it here; it was given up to Mr. Wontner, on application of the prisoner Winter, by order of the Magistrate—I afterwards took the female prisoner to Clerkenwell police-court—she made a statement to me on the way, and had done so previous to that—I did not say anything to her first—it was after she had been examined before the Magistrate—after the final hearing of this case, and before the other case came on at Clerkenwell (her premises were robbed while she was in prison), she said, "I wish I had told the truth"—I said, "You may say what you like;" and she said, "You brought three parcels from my place, how is it you have only brought two here"—I said, "Because we could only identify two"—she said, "One I bought myself, and the other two Sturt brought to me" and she said, "On the Saturday that you took us, he brought five bundles of worsted"—these large hanks—I said, "How did he bring the Berlin wool? you need not answer the question unless you like"—she said, "Two or three bundles at a time"—I said, "How did he bring the silk braid?"—she said, "Wrapped up in his handkerchief"—I said, "Your father says this has been going on for some time, and that you were about to be married, and keep a little shop"—she said, "Yes;" and she repeated many times, "I wish I had told the truth."
Cross-examined by MR. RIBTON. Q. It was her own house, was it not? A. Yes; her father lives in the house with her, when he is at home—he is a broker—the house has two rooms; two small parlours—she occupies the two parlours—she rents the rooms—it is not her house, because I heard her say that she paid 4s. a week, rent—she is a widow, I believe—while she was in custody on this charge, some woman robbed her, who pleaded guilty here the other day, and got 9 months—Foulger was with me part of the time, when I put these questions to the female prisoner, and so was the inspector, part of the time—Sturt was, there, in Foulger's custody—we took them both together to the station—she has given no explanation about the watches—the prosecutors do not claim them as their property.
MR. GIFFARD. Q. You say Sturt was present at these conversations; when Winter made a statement about receiving this property from Sturt,
did he say anything? A. He was not present when she made that statement.
THEODORE HALSTEAD FOULGER . I am a detective officer—I searched the back room of the house, and in this box I found five bundles of worsted, two pieces of Berlin wool, one of them marked Hutton and Co.; the other has a mark which I cannot make out—I also found a quantity of crochet-hooks, two parcels of orris lace, a bag containing 700 balls of worsted, a quantity of embroidery cotton, and some needle-boxes (produced)—the female prisoner was asked how she became possessed of them, if she chose to give an account—she said, "I can produce the persons at the proper time"—I said, "If, as you say, you came honestly by them, I can go with you anywhere you choose to take me; but don't you afterwards complain that I have not given you every opportunity of exonerating yourself"—she then repeated, "I can produce the persons when they are wanted"—Smith's account of the conversation is quite correct.
JAMES HEADINGTON . I am manager of the Berlin wool department in the employment of Messrs. Hutton and Co.—Sturt has been in our employ about 30 years—I have seen the property produced—it is precisely similar to the stock in the possession of Messrs. Hutton—I have seen some yellow wool—that is a new size recently introduced into Messrs. Hutton's business—it has their name upon it—these two wooden boxes which are here re-semble those in the packing department of Messrs. Hutton—the prisoner's duty was to carry parcels—he would have access to goods of this description.
Cross-examined. Q. You cannot say whether they have been sold? No; they may have been for what I know.
MR. GIFFARD. Q. Do you sell by retail? A. No; we sell to retailers—these bundles of worsted are such goods as we have in stock—I cannot say they have not been sold.
JOSEPH WHEATLEY . I live at 46, Duke-street, Manchester-square, and am in Messrs. Hutton's employment—this box was made for them—boxes of this kind have been in their possession about two months—I don't know what Sturt's wages were—Mr. Rix will be able to tell you—I should know if Sturt had bought articles of this description from Messrs. Hutton—he has not done so—I should have known if he had bought crochet-hooks.
Cross-examined. Q. You can't say that they have not been sold, I believe? A. No; there is something peculiar about the box—we had it made expressly for us—we have sold several of them.
MR. GIFFARD. Q. Do you sell by wholesale? A. Yes.
WILLIAM HENRY GARLICK . I am manager in the upholstery department at Messrs. Hutton's—these two parcels of orris lace have been in our possession—a ticket has been torn off one parcel—the value of it is 31s. 6d.
Cross-examined. Q. You cannot say they have not been sold? A. We mark them with the parties' name when they are sold—in most cases the name is marked on.
MR. GIFFARD. Q. Do you mark in the ordinary course of business the name of the purchaser? A. Yes; there are no names on these, and there are numbers here which we mark into our stock book—if it had been sold they would not be marked out—we sell wholesale.
Cross-examined. Q. You can't say that that has not been sold? A. Certainly not.
MR. GIFFARD. Q. You would know if you sold to Sturt, I suppose? A. No—we should not do so.
Cross-examined. Q. I suppose you cannot say that that has not been sold? A I cannot.
ANDREW BRADFORD . I am in the receiving room at Messrs. Hutton's—on 9th March, about quarter past 1, I directed the prisoner Sturt to deliver some goods in Wood-street—he had no goods to deliver in Great Mitchell-street—it was his duty to return to Newgate-street—our stock is very extensive indeed—I can't offer any idea as to its extent.
STURT— GUILTY of Stealing — Seven Years' Penal Servitude.
WINTER— GUILTY of Receiving. — Confined Eighteen Months.
MESSRS. GIFFARD and LEWIS conducted the Prosecution.
ELIAS DAVIS . I am one of the firm of Moses, Son, and Davis, clothiers in Aldgate—the prisoner was in the shirt department there—his salary was 2l. 10s. per week; a week of not more than 5 days—Saturdays he had almost at his own command—it was part of his duty to make contracts with the workpeople—his other duties were very general in his department—he had the entire superintendence; engaging the shirt-cutters and arranging their wages—he had no authority to receive back any portion of the wages which be agreed to pay to any particular workman—it was all piece-work—we derived no benefit from any portion of returned money—his duty with regard to the vouchers was to take a blank voucher and enter upon it, in columns described there, the work given up and brought in, and the price to be paid for that work—the true cost of the work—a workman so receiving that voucher would take it to the ledger-keeper for examination—he would enter it in his ledger, return the voucher to the workman with his initial, and the workman would then take it to the cashier for payment—he would receive in payment whatever the voucher represented in point of value—the voucher would be returned by the cashier—I have some of them here (produced)—the figuring is in the prisoner's writing, and the initial in the ledger-keeper's—the other parts carry on them the name of Upton—they are vouchers in favour of him—we have in our different establishments 2,000 employés, directly and indirectly, in and out the houses.
Cross-examined by MR. RIBTON. Q. 1s. 18s. what is paid a gross? A. Some are 5s., some are 9s.—that is money to be received—here is one voucher with 18s. a gross on it—the 18s. is in the prisoner's writing—you will find 1s. 6d. there, that is 1s. 6d. a dozen, which would represent 18s. a gross—there are 12 dozen in a gross—I believe that 1s. 6d. is in the prisoner's writing.; but the ledger-clerk will speak more positively to that point—the ledger-clerk will be able to tell you the course of business—I can hardly say how long the prisoner has been with us, but upon a mere guess it would be, I think, very nearly 18 months—we had great confidence in him—he had the whole management of that particular department of the business—his work was giving out shirt work, and taking it in when made—he had the employment of the workmen; he engaged them—he was not responsible at all for their returning what he gave them—if a workman got a lot of work and ran away with it, he would not be responsible; I should lose it—
we are subject to that sort of thing occasionally—they do not often run away from our place, they do sometimes—we should not blame the prisoner for that—it is impossible for me to say how many persons he would have to engage and to give out shirts to in the ordinary course of business—we are not the Moses and Son; we are Moses, Son, and Davis—I should think he would have more than 100 persons during the week to engage and give out shirts to—it is he that has to give the work out to them—he takes their names and addresses down—he would not do that every time they came—sometimes they are dilatory in bringing back the work—he would not have to look after them then; we keep boys for that purpose—it is not the prisoner's duty to do that—he ought not to have done it—it was against the rule of the house to have any communication with the workpeople, out of doors, or at their own homes—he knew that—it was generally known—that rule was not in writing—I do not think I ever told him of such a rule—it did not require that he should be told—when the work was brought home, it was the prisoner's duty to check it and see that it was correct; and then he passed on the voucher.
ALFRED UPTON . I am a tailor, living at 39, Freeling-street, Caledonian-road, Islington—I know the prisoner—he was in the shirt department of Messrs. Moses, Son, and Davis—I went there on 25th April, last year, and applied for work—I saw the prisoner, and asked him if he was in want of a shirt stitcher for shirt trimming, as his brother said that he was—he said that he was not very busy, and said, "Did my brother send you?"—I said, "Yes"—he said, "I shall be out at 7 o'clock to night; meet me outside"—I did so—in the course of the evening we went to a public-house at the corner of Vine-street, Minories—he asked me what I could do white and fancy shirt trimmings for—I said, "I am receiving 12s.," and produced a book from another house at the same time—the book was given to Mr. Lewis—he then asked me what I could do twill trimmings for—that is a commoner class of trimming—I said, "6s. and 7s. per gross," being the same as was in my book, and which I was then receiving elsewhere—he said, "Well, Upton, you know I have the sole control of Messrs. Moses, Son, and Davis; I can give you work, and I can give you 18s. per gross for white and fancy, and 8s. and 9s. for twill, and you know these are prices which are not paid elsewhere, but the difference you must return to me, and as long as you do that you shall have plenty of work"—from that time I had work—I received payments at those rates, and returned him the difference.
COURT. Q. The difference between the prices you had been receiving and the prices that were paid by him? A. Yes—I received payments for each of these documents (The receipts)—the prices and the number are in the prisoner's writing, and the other part is in Mr. Walter Young's writing, who receives it from Mr. West—I received all the monies on these receipts.
Cross-examined. Q. Had you seen the prisoner before that day? A. No; he was a perfect stranger to me—I saw him first at the warehouse—I saw clerks there, and a number of workpeople—I saw him in the presence of all the people—I saw him there on 25th—I cannot recollect the day of the week—I saw him at the Vine public-house the same day—I am sure it was on 25th—we were in the parlour at the public-house—there were other people in the room—I don't know who they were—we might have been there about an hour—we had a glass of something to drink—"16/11/60" on this receipt means the month of the year—I believe the 1,127 is the number of my book which I have my work entered out in—the solicitor has that book (produced)—1,127 is the number of this book; it was given to me by the clerk—this large book (produced) comes first—I received the large book
when I first began to get work—I had the other at the time—that is my own—I brought it there; but the large one was the book with the work in it when I first went there—this is where I began in it; in May—it is in West's handwriting—this 274 is the cutting of the work; the number of the cuttings—there are so many shirts cut out of every piece—here is "Trimming 9d. a-dozen"—that means 9d. a dozen for stitching, which comes to 9s. a gross—the initials are the clerk's, Walter Young's—this 9d. a dozen is in the prisoner's writing—I swear that—that was entered at the time he gave me the work, and the same with the other entries—the initials "W. Y." are put to it when I return the work—I don't know why I changed the books; probably I might have left the other one behind—I cannot state the reason—the prisoner's writing is in that book as well—it was white shirt trimming that I received 18s. a gross for—the trimming means the front, the two wristbands, and the collar—that would count as one shirt; twelve of them a dozen, and twelve dozen a gross—they were given out to me sometimes five or six dozen at a time; sometimes more, and sometimes less—I cannot say whether I have received a gross at any time—there was a time given us all to work, according to the time they wanted the work—a time was always fixed, but not always the same time—I have had half a gross out for a fortnight—that was regular—I was not found fault with for keeping it out—I have been found fault with for keeping work out longer than the fixed time, but not frequently, and not by the prisoner; by persons who were there, shirt hands—I can't give you their names—the prisoner found fault with me—I have been found fault with by the shirt hands—I say that the prisoner never found fault with me.
Q. You have made two statements, which is true; have you ever been found fault with by the prisoner for keeping the work out too long? A. Yes—I cannot say how often; probably half a dozen times: not very recently; it is some time since—I should say it was about two months before the prisoner was taken in custody for this offence, that he found fault with me for keeping the work back—on my oath he did not find fault with me half an hour before he was taken into custody, in the presence of a person of the name of Beard—I swear that.
COURT. Q. Do you mean it was two months from this time, or when he was taken? A. When he was taken.
MR. RIBTON. Q. Did you get less work than you expected in consequence of keeping it back? A. Not in consequence of that—I did get less work than I expected—not just before he was taken into custody—a month before—I only got half what I expected—upon my oath that was not in consequence of my keeping the work longer than I ought—it was because I did not keep up my payments—Mr. West made a demand of 7l. or 8l., and I would not pay it—it was in October, at the Grapes public-house, that he made that demand—I think he said I owed it on account of the contract of the work—I had paid him up to October more than we contracted for, and yet he wanted 8l. or 9l.—I thought that a most unreasonable demand—I gave him some money—he put me on short commons after I made that demand—that was the punishment I was to receive—I went on paying him after I got half-work, from October to 22nd December, and then I thought I would not stand it any longer, and I told him so—he was then taken into custody, I believe—I knew the other workmen from seeing them there—I do not know what they received—I know what the regular charges were from what I have heard—I told Mr. Davis first, that I had been paying money to the prisoner all this time, and I had, from May to December, every
week, I think—I have got entries in a book of it—I think I know a boy named John Holden—I never asked him to go into the counting-house and say he had been to Mrs. Banks, the shirt dresser, for the prisoner, and get money from her for the prisoner: I swear that—I never said I would give him 10s. for doing it—I don't know a person named Reece by name—(Reece was here brought into Court)—I know him—I never asked him to swear that he had seen money pass between Beard and the prisoner—we had some conversation upon it, and he promised to come up as evidence against Mr. West, and he came to the Mansion House on the day of the first hearing—he said that he lived with Beard, and that he had seen Mr. West come there frequently, and that he used to retain the book, the same as my own, and bring it to Mr. Beard to be made up once a week—I never asked him if he would like to earn a sovereign: I swear that—I never asked him to say that he had seen money pass between the prisoner and Beard—it was his voluntary act—he did say that he had seen it—I never said anything about his earning a sovereign—I used to go to receive this money at the same time as the other workpeople—there were sometimes thirty or forty there at a time—this little document was given to me by Mr. Walter Young at the time Mr. West received my work—when the work was given to me first by West, the entry was made in the book—I gave it to him when I brought it back—Mr. Young gets the paper from Mr. West—he makes it out and gives it to Young, who is close to his counter, and he gives it to me—it is folded up as it is now—the initials and the sum total are written by Mr. Young, and the other figures by Mr. West.
MR. GIFFARD. Q. Are the figures in these two books, which have been produced and which show the prices for which the work was to be done, in the prisoner's writing? A. Yes—I do not know one house in London that gives such prices for such work—my father has been present sometimes when I have given money to the prisoner, and a person named Jennett also.
WALTER YOUNG . I am a clerk in the establishment of Moses, Son, and Davis—it forms part of my duty to fill up in these receipts all that is not in the prisoner's writing—I have filled them up from time to time—the prisoner hands them to me, and upon the ticket being handed to the cashier, the money upon them is paid—I am acquainted with the prisoner's writing—I should say the prices set against the work in these books are in his writing—this applying to the business of Messrs. Moses, Son, and Davis, on tins page of the book, are in my writing, and the prices as well—the next page is also my writing, as well as the prices, and the next also—these tickets correspond with these prices—they were entered in the book from the tickets—I have seen these tickets before—they are all in the prisoner's writing.
Cross-examined. Q. Then it is not true that the entries in that book are in the prisoner's writing? A. No; they are in my writing; they are made when the work is given out—the tickets are made when the work goes out—the prisoner used to make them up, and put the prices down—a second ticket is made when the work comes in—there is out-coming and in-coming—the prisoner makes out both—it is on the same piece of paper—it is divided down the middle.
Q. What entry does he make when it comes in; read the entry when it goes out, take the first that comes? A. 103, at 3s. 6d. a dozen; that means 103 shirts; the 3s. 6d. a dozen is for the stitching and trimming—that is not 18s. a gross;—3s. 6d. is the price that is paid for a particular kind of shirt—there is not a ticket amongst these outs with 18s. on it—here is one
of the ins with 18s.—(Read: "15th July, 23 dozen and 11, at 18d. per dozen"—that is an entry for the ins made by the prisoner, and entered by me from that in the book—I sign it—I do the same with all the other workmen, and these are the same prices I paid to all the other workmen—fire or six persons are paid in the week who do this sort of work—they do not all come at the same time—there is no set time for them to come—I have known the prisoner all the time that he has been there; about fifteen months—I was never present when people came to seek for employment—the work was brought to the prisoner to give out by men from the cutting room.
MR. GIFFARD. Q. What are the prices that since these matters you have been paid? MR. RIBTON objected to this question, as it had no bearing on this case. MR. GIFFARD submitted that one of the imputations against the prisoner was, that he did not get work at the least possible price. THE COURT was of opinion that it could not be excluded.
MR. GIFFARD. Q. Are the prices less? A. Yes; one-sixth less.
MR. RIBTON. Q. What do you mean instead of 18s. a gross, they are paying what? A. 16s.—I am quite sure of that—we don't pay any of the workmen 18s. a gross.
Cross-examined. Q. You received the same sort of vouchers from the others? A. Yes; and paid them at the same rate, 18s. a gross—whatever was on the vouchers I should pay—I believe 18s. a gross was the ordinary price paid to them all.
MR. GIFFARD. Q. What was the ordinary priced? A. 8d. or 9d., different prices—it would be according to what the goods were—I don's know anything more, except what was on the vouchers—I found the same class of goods on all the vouchers.
MR. RIBTON to ALFRED UPTON. Q. Did the prisoner ever lend a you a sum of 2l.? A. Never; I swear that—I lent him money twice; half-a-crown and six shillings.
JAMES UPTON . I am a tailor, and am the father of Alfred Upton—I know the prisoner—I have seen him from time to time with my son—I have seen money pass from my son to the prisoner on three occasions; once, from 10th to 15th of July, in Gracechurch-street—I cannot positively swear whether it was a half-sovereign or a sovereign, but it was gold—I was not near enough to distinguish which of the two it was—the second occasion was at a public-house in Fenchurch-street, somewhere about the latter end of August—I think it was a sovereign then, but I could not positively say—it was gold—the third occasion was on 24th December, near the London Hospital—it was 1l. then—I did not notice anything particular being said between the prisoner and my son, only a little dissatisfaction—I suppose that from the irritable manner in which the money was received—I judged from the prisoner's manner that he was disappointed with the money, from his tone and gesture.
Cross-examined. Q. Do you know at once the appearance of a disappointed man? A. I have some little knowledge; I can judge whether a man is disappointed or not—I am quite sure it was 24th December—my son, the prisoner, and myself, were present—there had been a man with them, but not at the time the money was given—I cannot say how long he
had gone; it might be about ten minutes—this was to the open street—there were a number of persons in the public-house—I saw something pass there—I think it was a sovereign—that was in August—there were two or three persons there—I cannot say whether they all saw it—there was disappointment then—the third occasion was at a public-house—I went there to meet my son, and met him—there were other persons in the bar there—I believe none of them are here to-day—I did not hear what was said—I had not got my spectacles on then—I did not hear any conversation between them on either occasion—it was short and pithy—I cannot say what it was—I did not know any of the persons who were at the public-house—I was first asked about this case, on the night previous—my son told me that probably my services would be required on the following day; that I should have to go to the Mansion House betwixt him and West—he did not tell me for what purpose—he did not tell me what I was to swear—I have always made a rule to bring my son up in cases of difficulty to ask my advice, and on the occasion of this arrangement to do work for this firm, he asked my opinion what I thought of the arrangement, and I denounced it—I knew he was to give back money to West—I did not know how much; he did not tell me—I denounced it, because it was unbusiness-like—I did not think it part of my business to go and tell the firm that they were being defrauded—I did not know the ins and outs of it—all I heard from my son was, that I was to go to the Mansion House against West—I swear my son did not tell me what evidence I was to give, in reference to the charge—I do not recollect whether I was cross-examined—I was put out of Court—there might have been some trifling questions put, but I do not recollect—I said before, that my son told me he should require my services in reference to some sums of money he had paid to West—I have not denied that knowingly—the only evidence he gave me was, that he expected my services would be required to speak to certain monies—I misunderstood the question—if I have not comprehended the question, I admit my fault—I do not say that he mentioned the money to me.
JOSEPH GARNER . I am a fishmonger, of 29, Stephenson-terrace, Caledonian-road—I know the prisoner West, and Alfred Upton—I have seen them together several times, at different places—I cannot say how often—I recollect seeing them at the Grapes public-house—I saw some money pass between them there on one occasion—I saw Upton take some money out of his pocket, and give it to West, but I could not say how much.
Cross-examined. Q. Is this a public-house that Mr. West is in the habit of going to? A. Well, I believe he is in the habit of going there—I am not in the habit of going there now—I used to go sometimes, when I used to go with Upton—it was having business with Upton took me there—I cannot say that Upton has not had any conversation with me about the trial—he has not asked me to swear anything particular—he has not spoken to me at all about giving my evidence, or about this trial—I keep a pony and cart, and I used to take and fetch the work from Moses and Davis, for Upton—that was how I came to be acquainted with him—I have had money from him for the pony and cart—he has bought fish of me.
CHARLOTTE JENNETT . I live at 39, Freeling-street, Caledonian-road—I know Alfred Upton and the prisoner—I have seen West at Upton's place frequently on Saturdays; I cannot say how many times—I saw Upton once give West a sovereign—I remember West calling for Upton one Saturday when Upton was out—he said that Upton knew he was coming for money, and was gone out on purpose; that he was a d—d humbug, and that if he
did not give him any money he should not give him any more work—he had no work all the next week.
Cross-examined. Q. Does Upton live at your place? A. I live with Mr. Upton, in the same house—I am a machine hand—I am single—I have known Upton since last May—I am not keeping company with him at all—I work for Mr. Upton at the work that he received from Moses—he pays me 2s. a day when I have work—I do not do them very well—I do not do them by the gross—I work sometimes from 8 in the morning till 8 at night—I cannot tell you how long it would take me to do a gross—I can do about two dozen in a day, working from 8 in the morning till 8 at night—serge work I do—I have not for some time now done any of the wristbands or collars—I have been working for him since last May—he has not any work now—I cannot tell you what week it was that we had no work—it was before Christmas, but I have no idea of the week—there was no one else present when West said that to me—I opened the door, he came in, and went into the parlour—he said it openly to me—he knew I worked for Mr. Upton—a detective came and told me to go the Mansion House—Upton never spoke to me about it—the detective told me I should be wanted up at the Court the next morning—he told me about the case, and that I should have to go up to the Mansion House—I do not know how long before Christmas it was; I have no idea—I cannot tell you whether it was a month before Christmas—that book looks something like Mr. Upton's—I do not know that it is—I swear that I cannot tell you when it was before Christmas—it might have been a month or six weeks; I cannot tell you—Upton never told me that he had got no work—I knew there was no work.
WILLIAM JARVIS . I am a City detective officer—I took the prisoner at the prosecutor's warehouse, on Thursday, 21st February—I did not say anything to him at the establishment—Mr. Davis said to him, "This is an officer, and I must give you into custody for defrauding me"—he did not say the amount—the prisoner said, "You must be wrong; I have not done so"—I took him to Bishopsgate police-station—as we passed Hounsditch he put his right hand into his waistcoat pocket, and from that to his trousers pocket, and took out these two pieces of paper (produced)—I said, "What are you going to do with that; you must toot destroy anything that you have about you," and took them from him—he said, "It is nothing at all to do with this case"—I said, "You must not destroy any property at all while you are in my custody."
Cross-examined. Q Were you at the Mansion House when all the witnesses were called? A. Yes—there was a person of the name of Beard examined—he gave evidence on the part of the prosecution.
MR. GIFFARD. Q. Was he afterwards examined as a witness for the prisoner? A. Yes.
MR. RIBTON. Q. Is Beard in the employ of Moses, Son, and Davis, still? A Yes.
MR. GIFFARD. Q. In the ordinary course of the prisoner's duty, would he have any occasion to copy out an account of a person employed as Beard is? A. No occasion whatever—I know no purpose of his duty connected with the firm, which a copy of that account would serve—Beard is a person employed like Upton was to take work.
MR. RIBTON. Q. Are these people sometimes dissatisfied with Mr. West
for not giving them enough work? A. Yes; they very often think he does not give them so much as he ought to, and sometimes complain, and are annoyed with him—no doubt he had a very difficult post to fill to please them all—this is his writing.
MR. RIBTON submitted that there was no evidence of any false pretence or of any indictable offence at all, that the prosecutor was not defrauded, but by a private arrangement part of the money was given back to the prisoner as a bonus. The COURT considered that there was evidence for the Jury.
The prisoner received a good character.
NOT GUILTY .
PLEADED GUILTY — Confined One Month.
OLD COURT.—Saturday, April 13th, 1861.
PRESENT—Mr. Ald. ALLEN; Mr. Ald. DAKIN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
367. CAROLINE MARY PALMER (28) , Unlawfully causing William Samson to pretend to Edward Majoribanks and others that he was the agent of Henry Wells Young, and to endeavour to obtain 20 blank cheques, with intent to defraud.
MESSRS. SLEIGH and GIFFARD conducted the Prosecution.
WILLIAM SAMSON . I have been for some years engaged as a porter and messenger—I live at 15, Exmouth-street, Hampstead-road, and am principally employed in the neighbourhood of King's Cross—I have from time to time been employed by the prisoner to go on errands, and have from time to time been for her to the office of a Mr. Young, a solicitor—I have received several letters from her, but cannot recollect the date—it is most likely I may have received letters from her about the end of January—in the middle of January she came to me at Mr. Costin's public-house, near King's-cross—I cannot exactly say what passed, as she had been there so many times to see me—I remember her making an appointment with me once for the next day—she said she had some money in Mr. Coutts' bank, sent up from Hereford, and could not get at it without a cheque—she asked me whether I would go with her next morning to endeavour to get a cheque or cheque-book—I said that I would—it was arranged that I was to meet her at the Angel at Islington, at 12 o'clock, and I met her a few doors from the Angel (I had, before that, made a communication to Mr. Costin; on the evening of the 15th when I first met her)—she said that she was going about this cheque and that she understood they were to be bought at some stationers' shops; she thought she had seen them in the windows, and would I get one for her—I said I had no objection to go with her, and said, "Mr. Costin says a cheque is not required; a piece of blank paper will do as well"—she said, "I know blank paper will not do; it must be a cheque"—we went to one or two shops—I went in and she waited outside—I could not get any at the shops—we at last went to Gray's-inn-lane—she said that there was a pawnbroker there whom she knew, who, she thought, banked at Messrs. Coutts', and most likely he would be able to give her a cheque—I stopped outside while she went in to the pawnbroker's—it was in Gray's-inn-lane—I forget his name—she stayed there about a quarter of an hour, came back and said that he did bank there some time ago, but did not now, and he had not got
a blank cheque—(I afterwards pointed out that pawnbroker's to a policeman)—she said, "Will you go to Mr. Young's? I think he banks at Mr. Coutts', and if he has a blank cheque, he will give me one"—I knew who Mr. Young was—I went part of the way, but did not go because I thought he would not do it—I spoke to one of the porters in Gray's-inn-square, and went back and told the prisoner that the porter told me that a blank cheque was not necessary, that a piece of paper would answer the purpose—she said that she knew a piece of paper would not do; it must be a cheque—I said, "If that is the case, we cannot get the cheque"—she said that she understood that by going to Mr. Coutts', and making application in a person's name who banked there, that they would give it to you—I said, "In that case we had better go to Mr. Coutts' at once"—she said that Mr. Young had been her solicitor, which I knew, and banked there, and if I made use of his name no doubt they would give me a cheque or cheque-book—I said that I did not understand that sort of thing, but hoped that she would not get me into any trouble—she said that I could not get into any trouble by asking a simple question of that sort; and if I was asked what Mr. Young wanted it for, I was to say that he wanted a cheque, and had come out without his book—I had told her some time before that I was in trouble and had got the brokers in my house that morning for rent—she said that if she got her money she would make me a present of 10s. to assist me—I went into Coutts' bank, asked for a cheque-book for Mr. Young, and was detained—I said a few words to Anscombe, the policeman, and he took me outside the hank, into the Strand, to see the prisoner, but could not see her.
Cross-examined by MR. COOPER Q. I believe you were taken up, and taken to the police-court? A. Yes—I was indicted and was to have been tried last session, but was let out on bail at the end of the session, after which I went to Mr. Mullens and gave this statement—I was not sent for; I went to him—I was not born and bred near King's cross; I was brought up in the country—I began in London a great many years ago—I have not carried on the occupation of a porter at king's-cross for a great many years, I have been servant to a gentleman—I did not go to the bank for his cheque-books—I have been a porter three or four years—I certainly never believed in my life that cheque-books were sold at stationers, but I did not know whether they were or not—I fancied I had seen them—I did not go into any pawnbrokers' shops to inquire, but I went into two or three other shops—I cannot tell you the names of them, but I can point them out—I took the policeman to one in Holborn—I did not take him to all, but I could have—I did not take him to the others because the gentleman was standing out-side, and I had not had to go in—I asked him to sell me a cheque-book—I knew it would be of no use to take the policeman there, because I thought the man would not recognise me—I only went to two shops—I know that Mr. Young was formerly solicitor to the prisoner—I did not go to him because I was not aware that they did not sell the things at the shops—he was not her solicitor at the time, but he had been—I did not go to him, because I felt sure he would not do it—I did tell the prisoner that I had been to Mr. Young and he was out—I did go to Mr. Young's door—I went tip the street—I did not knock at the door, nor did it open—I only went to the top of the stairs, and then thought it better not to ask him—I then went to the prisoner and told her that he was out—she went within about three doors of the bank with me, and on the same side of the way—I went in at two doors, before I got into the bank—the outer door was partially open, there is a policeman always standing at it—I suppose I was not in the bank five or ten minutes before I came out—I told the clerk that a lady had sent me,
and I said at the moment that I did not know her name, because I was confused—that was the sole reason why I did not mention her name—I did mention it outside the bank—the clerk said, "You know her name"—I was with a policeman then—I do not believe policeman said, "You know the woman's name, and I must have it"—I will not swear he did not—I said that it was Mrs. Palmer—I did not at that time know where she lived—she has not been particularly kind to me; she has never paid me for more than I did—I lay in goal a fortnight—I was not bailed till the session was over.
COURT. Q. Do you know the prisoner's writing? A. I do—I received these letters from her about the time that they bear date, I believe.
MR. SLEIGH. Q. How long have you known Costin? A. About 6 years—it was through his instrumentality that I was liberated—I was bailed by him—I felt confused at the bank because there were several gentlemen round me speaking to me—it was outside the batik that I gave the name, before I was taken to the station—the letters are merely appointments.
MR. SLEIGH proposed to put in these letters in corroboration, to which MR. COOPERM objected, as they would be no corroboration, they referring to quite another matter. THE COURT considered that they were intended to show that the state-ment that the witness had done business with the prisoner was true, and therefore would admit the letters. The first of these was dated January 7th, 1861, signed "Mrs. Palmer," and requesting Samson to meet her the next day at Battle-bridge, and if there were any letters to bring them; the second was without date, from the prisoner to Samson, requesting him to go to Ossleton-street and inquire what had become of a child, and to meet her next day at Bennett's beer-shop, near Battle-bridge, and tell her the result.
CHARLES TURNER . I am one of the cashiers at Messrs. Coutts', in the Strand—I know Mr. Henry Wells Young, a solicitor of Gray's-inn-square—he kept an account there formerly, but ceased to do so in November last—he had no account there on 16th February—I was accosted at the bank counter, on 16th February, by Samson—he said, "I want some blank cheques"—I said, "For whom?"—he said, "For Mr. Young"—I said, "What Mr. Young?"—he said, "Mr. William Young"—I said "Where of? "—he said, "Gray's-inn-square—I communicated with one of the gentlemen in the house, and Sampson was taken in to one of the partners—Caroline Mary Palmer had no account in the establishment; no money, was ever paid in to her account at any time—she is a perfect stranger to the bank in all respects.
Cross-examined. Q. Did you ask him from whom he came? A. Yes; I was not present when he said he came from a lady—I only spoke to him across the counter—I was not called into the parlour.
THOMAS ANSCOMBE (Policeman, 102 F). On 16th February I was on duty at Messrs. Coutts'—my duty is both outside and inside the bank—I remember Samson being detained there; and while he was detained, I saw the prisoner waiting on the opposite side of the Strand for 4 or 5 minutes—in fact, I was looking at her at the time I was called in to Sampson—after he was detained, I went out to look for the prisoner, and she had gone—I took Samson to the station, and then went to Gray's-inn-square to see Mr. Young—on my way there, I met the prisoner in Long-acre, walking very fast towards Great Queen-street, from the direction of Coutts'—I believe she saw me because I saw her looking at me, and she crossed Long-acre immediately—I crossed over too, and said, "I beg your pardon, were you not in the Strand just now?"—she said, "No; I have not been in the Strand to-day"—I was in uniform—I allowed her to go on—on 6th March, I went; to the room where she resided, and said to her, "Well, Mrs. Palmer, I shall take you in
custody for attempting to obtain a cheque-book by false pretences from Messrs. Coutts and Co."—she said, "I did not do it; but if you say I did it is no use my saying anything"—I have not the slightest doubt that she is the person I saw opposite Coutts'—I had seen her the night previous to taking her in custody fetching her beer, and saw her go into the house—Samson pointed out the pawnbroker's shop in Gray' s-inn-lane to me—it was Mr. Foquard's 8, North-place—I received this duplicate (produced) from the prisoner—it is for a petticoat pledged on 16th February, in the name of Ann Palmer—Samson was not aware that I had that duplicate at the time he pointed out the pawnbroker's shop to me—I was not aware of it myself till I looked over the tickets in the shop.
Cross-examined. Q. Had you ever seen the prisoner before that day? A. No—I am engaged at Messrs. Coutts' as one of their particular officers—it was a fortnight or three weeks after this event that I took the prisoner—I asked Samson who sent him, and he twice told me it was a lady, and she was waiting outside—he told me that inside the bank, between the two doors—both doors are shut during the day, and I am inside the middle place, and as people go in, they have to pass me, and I open the door to them.
MR. GIFFARD. Q. Are the two doors only the two sides of one door? A. Yes; it is one door made of two pieces—I asked Samson who sent him to the bank—he said, "A lady"—I said, "What is the lady's name?"—he said, "I do not know"—I said, "Where does she live?"—he said, "I do not know; let me go outside and I will find her"—I said "No, come to the porter's room window, and look out and see whether you can show me her"—he said, "You cannot see her there"—I then took him outside in the Strand, but he could not point out any one—the woman I had seen was not there then—he never mentioned her name, or told me more than I have told you—he first mentioned the prisoner's name at the station—he told it to Mr. Young when he entered the station—he said, "Oh! Mr. Young, you know me very well, and you know also Mrs. Palmer; that is the person who sent me to the bank."
MR. COOPER. Q. Whereabouts in Long-acre did you see her? A. At the corner of Wilson-street, just past St. Martin's Hall, towards Drury-lane.
JURY. Q. Had Samson given you any description of the woman at the time you took him in custody? A. No; he gave me no description.
JOHN COSTIN . I am the landlord of the York Arms, King-street—I have known Samson for many years, and am his bail—on 15th February, I had a conversation with him. (MR. SLEIGH objected to this conversation being given in evidence.)
Cross-examined. Q. I suppose you have had many conversations with Mm? A. Yes.
JOHN HOLLOWAY . I am assistant to Mr. Foquard, a pawnbroker, of North-place, Gray's inn-lane—on 16th February a woman came—I do not recollect it, but this duplicate (produced) is in my writing—I have no doubt it was the woman who brought it.
Cross-examined. Q. Do you mean that it was a woman who brought the article? A. Yes—I was not asked by anybody to sell a cheque-book—I saw do man with the woman—she asked me nothing about getting a cheque.
JOHN COMLEY . I am one of the ticket porters at Gray's-inn, where Mr. Young's chambers are—I recollect Samson speaking to me on Saturday, 16th February. (MR. COOPER objected to this evidence, and it was not proceeded with.)
City-road—on Friday, 15th February, she owed a fortnight's rent—it used to be paid weekly—she asked me to lend her a shilling on 15th Feb-ruary, saying that she was going to Coutts' bank to get a cheque cashed, and when she came back she would pay me the shilling with the rent—I lent it to her—I cannot say what time she went out—she came back, it may have been between 5 and 6 in the evening, and sent to say she wished to see me—I was engaged then, and I said when I was not engaged I would speak to her—when I saw her she said that she had had such an adventure, she had been locked up for two hours—she said, "Mr. Young, my solicitor, has given me a crossed cheque, and I sent for him to liberate me, and he was locked up too, and he sent for somebody who got me liberated"—this was on the Saturday.
Cross-examined. Q. I believe you had some rent due which was not paid? A. It was paid—Mr. Bates paid it, the person whom the prisoner came with, as man and wife—a newspaper called my attention to this, and I got one of my lodgers to go to the bank—I was first examined at Bow-street, it may be a month or five weeks ago—I saw Coutfs' name in the paper, and it answered to the charge—the prisoner did not say "I have got to go to the bank before I can pay you"—she said, "I am going to Coutts' bank"—seeing it in the paper made me first think of Coutts'.
HENRY WELLS YOUNG . I am a solicitor in Gray's-inn-square—I formerly banked at Coutts', but ceased to have an account there at the latter part of last year—I know the prisoner—I have been formerly professionally engaged for her, and have had occasion to give her cheques on Messrs. Coutts' bank—I know Samson as coming on several occasions from Mrs. Palmer—I gave no authority to the prisoner or to Samson to apply at Messrs. Coutts' bank for a cheque-book or cheques in my name—I did not give her a Crossed cheque on Coutts' on 15th February, or on any bank—I was not locked up on 16th February in consequence of this cheque.
COURT to WILLIAM SAMSON. Q. When you went into Coutts', on which side did you leave the prisoner? A. On the same side, not opposite; but the policeman says that he saw her opposite.
JURY. Q. In Agar-street or in the Strand? A. In the Strand.
Mr. Young gave her a good character.
GUILTY .— Confined Six Months.
NOT GUILTY .
MESSRS. POLAND and LEWIS conducted the Prosecution.
WILLIAM HENRY WILLIAMS (City-policeman, 582). On 23d March I was on duty in the Minories, and saw Baker come out of Mr. Goodman's yard, about half-past 3, and go to Hobson's cab—that was about 170 yards from Baker's watch-box—I have known Hobson some time, and know the other prisoners as being in the service of the Dock Company—Hobson was on his stand opposite John-street, inside his cab—he got out and went on to the footpath with Baker—they conversed together for five or six minutes—Baker then went down Goodman's-yard and Hobson stood on the footpath opposite his cab—I expect they saw me; they might have seen me, I passed by with the sergeant at 10 minutes past 4—Baker came up the yard and spoke
to Hobson on the footpath opposite his cab—they stood talking about two minutes, and Baker then went away down Goodman's-yard—about half-past 4, he came and spoke to Hobson again, for a very short time—he went away and came back at 20 minutes to 5, to Hobson, who was standing on the foot-path, the cab being on the stand—he went away, and Hobson went and stood by the cab—Baker went down the Minories towards the railway-arches—I had seen Wackett once before, but not that same morning—Wackett came up on this morning at the time that Baker passed by, towards the railway-arch—I heard a whistle which I believe came from Wackett's direction, and upon that Hobson got on his cab and drove towards Goodman's-yard—he went down the yard—that would take him past the entrance into the Dock Company's premises—after the whistle and before Hobson got on his cab—Wackett staid there a few seconds, and then went down Goodman's-yard before the cab—I followed the cab, and as I got to the top of Goodman's-yard, or just going down it, Wackett came up and gave another whistle—I still followed the cab—he cut his horse and went much faster; into Mansell-street—when I arrived at the top of the yard the cab was close to the Dock Company's warehouses; that is forty or fifty yards from the top of the yard—when it started off I followed it up Mansell-street, and Swan-street, into the Minories as far as George-street, and then he turned it round and came back to the stand where it was at first—he went away from the stand and turned back again.
COURT. Q. He had not actually passed the stand, but had gone through the bye-streets? A. He turned the wrong way when he got to the corner of Swan-street—I went away, leaving No. 554 in charge of the cab—I afterwards came back—I went towards Hobson's cab, and as we were approaching it Hobson opened the door and said, "There is something put in my cab, and the men do not come; I think I had better take it to the station"—I was in uniform—I saw a sack in the cab, which I afterwards found contained tea—I said, "This is the very thing I have been looking for"—Turner told him he would not trouble him to take it to the station, for we would take it, and he, and the cab too—we took the cab and horse, in a body, in custody—this is the sack (produced) but it was turned inside out at the time—there were 92 lbs. weight of tea in it.
Cross-examined by MR. SLEIGH. Q. How long have you been on duty at this place? A. Seventeen months—I cannot say whether Baker has been the outside porter during that time—I am not on the beat where the premises are; I am on the opposite side—I have been on the beat where the premises are, seven or eight nights at different times, and have seen Baker on duty in Sparrow-corner—that is towards Rosemary-lane—he was on duty in Goodman's-yard this night—the railway abuts on the premises—it is drawn correctly on the map—the cab-stand is immediately at the end of the passage which leads up to the Minories—I have known Hobson to use that cab-stand—I know Baker did not come up that passage—I hare seen him come from Sparrow-corner—talking when on duty is not regarded by me as a heinous offence—they might have seen me at half-past 3, but not at half-past 2, because I secreted myself—they might not have seen me at 4 or at ten minutes past 4—I stood up in a doorway after the first time, and saw Baker speak to Hobson—I do not believe they could see me after the first occasion—I was so secreted that if Baker had done anything with Hobson I could see, but they could not see me—it was after I saw Baker god own the Minories that I saw the cab driven by Hobson—I did not follow him down the Minories—I do not know that there is a night coffee-shop in
the Minories, where anybody on night duty, policemen or others, can get a cup of coffee—there is a coffee-shop there—there is no coffee-stand in this street whatever—I did not go down after Baker to see whether he went to the coffee-shop, nor did I see him return.
Cross-examined by MR. M'DONNELL. Q. You say that you believe it was Wackett who whistled? A. Yes—I saw no one else; I was about thirty yards off—I will undertake to say that it was Wackett that whistled the second time—he was then close by my side, at the top of Goodman's-yard, as close to me as the foreman of the jury is—there was no other person close to him, or within sight, except my brother officer—I do not know a man named Wilson—I arrested Wackett after we had taken Hobson to the station—it was as near 6 as could be—I do not think it was later—a person named Wilson was not arrested in my presence by Turner the policeman or by any body—I apprehended no one, and charged him with having whistled at these warehouses, except Wackett—no one was apprehended in my presence except Baker—(Henry Wilson was here called in)—I never saw that man to my recollection—I swear that I did not apprehend him on a charge of whistling and being concerned in the robbery, nor was he apprehended by any body on such a charge in my presence.
Cross-examined by MR. LLOYD. Q. Do you know whether Hobson is a regular night cabman? A. Yes—he was in the regular course of his duty that night—Hobson went and spoke to him four times—I have never heard people whistle in that way when they wanted a cab—he whistled as though I was running after the cabman to catch him; I mean on the second occasion—he did not whistle as if to keep himself merry or keep himself warm—it was intended for a signal—I do not understand plans—the cab went from here through Goodman's-yard (pointing to the plan), this is the entrance to the warehouse, and this is where it stopped, I believe—I do not say that it stopped—I first lost sight of it as it turned from the first point where I saw it—I never saw it stop—it turned the other way—it went back to the rank and stood where it had stood at first—I went away and left Turner to watch it—he lost sight of it as it turned the corner—I could see all the way down Swan-street—it turned round to the right towards George-street—about three or four minutes after that it got to the cab-stand—it went up George-street and then went on to the rank—it turned to the right instead of to the left—it went about 800 or 900 yards and at full speed, but not at a gallop—he cut his horse to go as fast as he could—I believe he knew we were after him—it was about fifteen minutes after it got to the cab-stand, before the conversation took place between me and Turner—I had been away fifteen minutes—Turner was standing right opposite—there were no other cabs on the stand—I went up to the cabman about five minutes after-wards—he did not call me—I went towards it after consulting with the other policeman—I was about two yards from the cab when he said, "There is something put in my cab."
MR. POLAND. Q. Did Turner follow the cab down Goodman's yard, where the whistle took place? A. Yes; he was in uniform as as well.
JOHN TURNER (City-policeman, 554). I was on duty in the Minories, on the night of 23d March, and about 20 minutes to 5, I saw Baker come out of Goodman's-yard and speak to Hobson, who was on the pavement—I could not hear him speak—after they had stood there a little time, Baker walked down to him towards the railway arch—I saw him meet Richard-son alter he had got a little way down the Minories—after Baker went away, Hobson got on his cab and drove into Goodman's-yard—I ran after
the cab, hearing the cab door shut when If got near the corner of Goodman's-yard, previous to turning into the yard—as I turned into the yard, the cab was close to the warehouse entrance; being driven along—I saw Wackett standing almost where the cab was, and when he saw me going down the yard, he gave a whistle—I continued to run after the cab when he whistled, and when I got nearly opposite to Wackett, he gave another whistle, and Hobson appeared to drive his cab faster—I continued to run after the cab, and over-took it in Goodman's-yard—I caught hold of it, but did not speak; I only followed it—it turned into Mansell-street and Swan-street, and turned to the right instead of turning to the cab-rank—it went 90 or 100 yards to the right—I followed it till it came on to the rank again—I had hold of it all the time—I then watched—Williams went away while I was watching—I had been watching all the time—nothing was put in during that time—I went with Williams towards the cab, and when we got about two strides from it, Hobson opened the door, and said that he had got something put in his cab, and thought he should take it to the station—I ordered the sergeant to drive the cab—I went with it to the station and found a sack of tea in it—I afterwards went to Goodman's-yard and took Baker—he was in the yard; not in the warehouse—he was told that we had got a sack of tea, which was supposed to have been stolen from the warehouse, and that we must take him into custody—we said nothing about the cab—he said that he knew nothing about it, and went with Williams to the station, in custody—I identified him as the person who whistled when I went down the yard with Williams—I took Wackett—he was inside the warehouse, about 20 yards from where the other came from—he said nothing.
Cross-examined by MR. SLEIGH. Q. Are you on duty in that neighbourhood? A. I am acting sergeant there—there is a coffee-shop in the Minories, which occasionally opens early—I cannot say that I have noticed it open so early as 5 o'clock—I have never had coffee there—this was my first month on duty there; but there are two or three early coffee-houses, which open before 5 o'clock.
Cross-examined by MR. M'DONNELL. Q. Did Wackett whistle while you were running? A. Yes; the first whistle—I was about the length of this Court from the place the whistle came from, it may be twice the length; I cannot say—when I heard the whistle the first time, I saw Wackett and some other person—I only saw two then—I saw another man while I was running after the cab—when I heard the whistle the second time I was about as far from the cab, as I am from my Lord—I am positive it was Wackett that whistled—I never expressed the least doubt upon the point—I have spoken over the fact of the whistle with Williams—it may have been yesterday—I have not the least doubt of it—I will swear I have not done so within the last hour—I did not speak of it a little after 12 o'clock to-day, to Williams, in my recollection—I have spoken about it to my brother sergeant in court, and Williams stood there at the time—I did not express a doubt that Wackett was the person who whistled—I have always been certain of it—I have seen a person who was called Wilson; another officer arrested him—the policeman asked Wilson it he would go down to the station, as something had been stolen from the warehouse, and I said, "I cannot swear to his being the man"—I will not swear that the officer did not say "I want you for being concerned in stealing it;" but it was something similar—he did not say, in my presence, "You are the party who whistled, and you must come with me"—I have not told you all the conversation that passed between the officer and Wilson—I represented Wilson
as being of the same stature as the party I saw in Goodman's-yard; but he had dark whiskers and a dark coat—Wilson said that he came from Spitalfields, and belonged to Billingsgate-market—he made no inquiries—I never accused him—the description did not answer, because he had a light coat on—Williams was not with me when Wilson was with me.
Cross-examined by MR. LLOYD. Q. What kind of horse was there in the cab? A. A very good-looking horse—it was a four-wheel cab—I was before Williams when he followed it—he started in a different direction—he wag in the lower part of Minories, and I was in the upper—Goodman's-yard leads out of the Minories—Mansell-street is not in the Minories; it is in Whitechapel
MR. POLAND. Q. You say that there was a second man present when Wackett whistled? A. Yes; and a constable who was just coming on duty was sent with us—when I saw Wilson, I found he was not the man, and I told him he was not, when he asked him to go to the station.
HENRY RICHARDSON (City-policeman, 549). I was on duty, on this beat, at the date of the robbery—Baker spoke to me about 20 minutes to 5, and remained speaking to me about a minute or a minute and a half—I knew all the prisoners before—I have known Hobson many years—they know each other; I have seen them together a good many times for 2 or 3 months—I have seen them in a public-house on my beat, at 5 o'clock in the morning—they meet there—I had seen them all three together about 10 days before the robbery—24 cabs are allowed on the stand, but there was only 1 on that morning—Hobson was there at 12 o'clock at night—I saw him get into his cab about a quarter before 2.
Cross-examined by MR. SLEIGH. Q. Is there an early coffee-house in the Miuories? A. There is one that opens at 5 o'clock.
Cross-examined. Q. Is that cab there every night? A. He has come there for years, and even if he gets a job he comes back to that stand—I have known him for 9 or 10 years.
JOHN HOUSLEY . I am watchman on the premises of the Victoria Dock Company—on 22d March, I went on duty about half-past 7—my beat extends over where the truck was—I was on duty at that part up to 12 o'clock; I then go to the station as gate-keeper—the truck was there all right, as far as I know, up to 12 o'clock, and not broken open—Wackett was employed as a porter; he ought to come on duty about 1 o'clock, but he came about a quarter or 20 minutes before 1—he remained till morning.
Cross-examined by MR. M'DONNELL. Q. Was Wackett a night watch-man? A. Night porter—I do not know what time he leaves—I leave him there when I go.
JAMES DAY . I am night foreman to the Dock Company—Wackett's duty is to assist in dropping the trucks by the hydraulic machine, and unloading them, and unloading the vans—it was his duty to come on at 1 o'clock—he was unloading sacks that morning—he had no business to be out in the street till after he had done his work, which would be about 5 o'clock.
Cross-examined by MR. SLEIGH. Q. Was Baker the outside watchman? A. Yes; he had nothing to do with us.
Cross-examined by MR. M'DONNELL. Q. About what time were these articles removed? A. About 5 o'clock the last is delivered, and then we go and get our coffee—it might be half-past 5 that the last was delivered.
Cross-examined by MR. LLOYD. Q. How far is it from the Minories to the entrance of the warehouses? A. About twice the length of this Court—from there down to the corner of Mansell-street would be three or four times the length of this Court—it is a narrow passage from the Minories to the entrance of the warehouse.
THOMAS LEWIS . I am one of the foremen of porters, at the Victoria Docks—Baker was the night watchman there—it was his duty to watch in Goodman's-yard, at the outside of the premises—he had a watch-box there—he ought to remain there from 6 at night till 6 the following morning—his beat extended up to the entrance of the Dock premises—the entrance in Goodman's-yard is the only one by which you can get into Goodman's-yard from the Minories—Baker had no right to leave his beat and go into the Minories—it was contrary to his duty—Wackett ought to have come on duty at 12 o'clock, and remained till 12 next day—on the morning of 23d March, I received information that a robbery had been committed—I went down to the truck at twenty minutes past 6—there is an abutment of the railway-arch just where the truck was—I found the tape had been cut, and was entirely gone—the tape had been sealed—the lock was forced, and one chest of tea was taken out—I saw the vacant space—that might have been taken out by some person from behind the abutment, without being seen from the premises—this sack was in the Company's possession—it is one of fifteen—I had not seen them safe at all.
COURT. Q. Then how do you know it was one of the fifteen? A. I know we missed one of the fifteen—I did not see them till after the robbery—there were not fifteen then.
Cross-examined by MR. SLEIGH. Q. Was it his duty to be in Goodman's-yard, and up the Minories as far as the cab-stand? A. No; not within forty yards of the Minories—all the van traffic goes through this passage (pointing to the plan)—he has been three or four months in the Company's service as watchman—I do not know how long he has been in their service—I have been there four and a half years.
JAMES STEVENS . I am Customs officer at the Victoria Docks—I tallied eighty-four packages of tea and marked them with the Customs' seal—the truck was, I believe, sent to the warehouse in the Minories.
SAMUEL ALFRED LAUNDRY . I heard of the robbery on 23d March, went to the truck in the Minories, and found it had been broken open—I tallied the chests of tea the day afterwards, and found eighty-three instead of eighty-four—I afterwards searched for the pieces of the chest, and found a portion of them in a privy close by where the truck was—that was early in the morning of the 23d.
Cross-examined by MR. SLEIGH. Q. How long have you been in the Company's service? A. About sixteen months—they would not have taken him into their employment unless they had received a good character with him.
SAMUEL COCHRANE . I am foreman at these premises—I examined some tea found in the sack at the police-station—it exactly corresponded with that in the Company's truck—I have not the slightest doubt it was the same—the police showed me some pieces of paper out of the sack, that corresponded with the tea in the tea-chests—it was not figured paper, but it was a peculiar kind, almost white, such as is put between the tea and the lid.
G. F. NYE. I am employed at the Victoria Dock Company's premises—on 22d March, at ten minutes to 4, I saw the truck in the yard—it had not been broken open.
Mr. M'Donnell called
HENRY WILSON . I work for Mr. Forge at present—I did work, on 23d March, for Messrs. Blaxley—on that morning I was at the Victoria Dock—M'Namara's foreman sent me there with another man and a van—whilst there, a policeman came up and said, "I want you"—I said, "What for?"—he said, "I think you are the man that whistled for the cab this morning, about 4 o'clock, concerning a chest of tea"—I said, "Me?"—he said, "Yes; you; you are just the very man that I saw going down"—I said, "I am not"—he said, "You are;" and then he said, "You appear just the same sort of man that I saw whistle this morning for the cab"—I told him I was not—he said, "What time did you go home this morning?"—I said, "I did not go home this morning; I went home about 6 o'clock at night; I got up at 4 o'clock this morning"—he said, "Well, you will have to go with me to the station"—I said, "Very well, if I do, mind you, you will have to pay me my expenses, because I am on my master's business now"—he said, "Well, do you work here?"—I said, "I don't work here"—he said, "Very well, then, you better stop a little bit;" so I stopped a little while: the two policemen consulted together, and then he said, "You may go"—Wackett was there when we were talking together—there were four of us, Wackett, I, a carman, and another man, besides the two policemen—the policeman afterwards asked me where I worked—I told him in Billingsgate—they consulted together, and he said, "Well, I don't like to take anybody without I am sure, and so you may go"—I have known Wackett these last four or five years—I never knew anything bad of him—I have known nothing against his character for honesty up to the present time.
Hobson and Wackett received good character.
HOBSON— GUILTY of stealing. — Confined Twelve Months.
WACKETT— GUILTY of stealing. — Confined Eighteen Months.
BAKER— NOT GUILTY .
Before Mr. Recorder.
MR. PALMER conducted the Prosecution.
THOMAS WALLER . I am a cabinet-maker of Woodford—on 9th March, in consequence of information I received, I followed four lads the same size as the prisoners—Pledle is one of them—he is the only one I could distinguish—as I approached, I saw him put down something behind a bush—I went there and found this box (produced)—my shop is near the Castle—that is two hundred or two hundred and fifty yards from the bush—a constable was with me—this is my box—it is worth 5s.—I had seen it safe between 2 and 3 o'clock.
Cross-examined by MR. M'DONNELL. Q. What time was it? A. Between 4 and 5 in the afternoon—I do not know that Pledle had been into my place—he was on the green when I first saw him—that is about half the distance from my place to the bush—I have not said that I saw him do something before I followed him—I believe they were all four in company; but as I approached they separated—they turned to the right—they were sufficiently near together to have seen Pledle when he put the box away.
MR. PALMER. Were they walking in the same direction? A. Yes.
ROBERT WATSON . I am a whitesmith of Woodford—on Saturday, 9th March, I saw Bates and Pender outside Mr. Waller's shop, and within ten yards of it, and Pledle inside the shop—I returned about five minutes afterwards, and saw them all together in the middle of the road—Smith was with them—I next saw them all together against the police-station—that was not five minutes afterwards—it was on the edge of the Green—I pointed out to Mr. Waller the one who I saw in the shop, and he went after them—when they saw Mr. Waller and the constable coming, they separated—three of them went across the road, and Pledle went across the Green—Pledle and Fender came over to me with some herrings, and I noticed that Pledle had something under his coat—Pender said, "Come away; he does not want any; "and they all went towards the police-station—I ran after them, with the prosecutor and a constable, and Pledle went in, put something behind a bush, and the constable apprehended him—the others went round the road to the right.
Cross-examined. Q. How far were these boys from you? A. Not far—Pledle was not more than a dozen yards from me, because he only walked—the others were more than that, because they went round—the policeman, the prosecutor, and myself, were about a dozen yards off when I saw Pledle put this into the bush—the bush is in the middle of the Green—he went behind it, so that they could not see what he put—if he thought fit to come round he could see me and the policeman, and Waller; or he could see through the bush.
CHARLES FOUNTAIN (Policeman, K 316). On 9th March I was on duty at the police-station; received information, and went across the green after Pledle, who was about a hundred yards from me—when I got about twelve yards from him, I saw him put something behind a bush—Waller, who was with me, picked up this box behind the bush, and I took Pledle into custody.
Cross-examined. Q. Which was the nearest to you, the bush or he? A. The bush—he was not on the other side of it—he had not got to the other side.
EDWARD CABLE (Policeman, K 240). On Saturday, 9th March, in the afternoon, I was in High-street, Woodford, and saw all the prisoners sitting down opposite the house—after a great deal of persuading they went away towards the prosecutor's shop, which is about a mile from there—I received information, and apprehended Smith, Bates, and Pender.
Cross-examined. Q. Where does Mr. Waller live? A. On the high road—there are a number of houses together, his is one of them; it is the main street—that is what I mean when I say that I saw them coming in the direction of the prosecutor's—I had a good deal of trouble to take Smith.
Pender's statement before the Magistrate was here read as follows: "I was not with them opposite Mr. Waller's; I was on the other side of the road."
Bates and Pledle received good characters.
PLEDLE— GUILTY .— Confined One Month, his former master engaging to employ him.
SMITH, BATES, and PENDER— NOT GUILTY .
371. WILLIAM MANSER (19) , Burglariously breaking and entering the dwelling-house of William Winterbourne, and stealing therein a watch, a seal, and a shirt, his property, having been before convicted; he
PLEADED GUILTY to the receiving and the former conviction.
372. WILLIAM MANSER was again indicted for burglariously breaking and entering the dwelling-house of Charles Brown, and stealing therein 1 pair of shoes, 2 coats, and other articles, and 1s. 2 1/2 d. in money, his property.
MR. METCALFE conducted the Prosecution.
CHARLES BROWN . I am a farm bailiff at Chingford—on the morning of 18th March, I fastened up my house about half-past 9 o'clock, and went to bed—I got up at 5 o'clock next morning, went down stairs, and saw a light burning on the floor, and the window half open—I missed a pair of shoes and two coats then, and after I had seen them on the prisoner, I missed two handkerchiefs, a waistcoat, a knife, a meerschaum pipe, and 1s. 2d., which were all safe when I went to bed—these are them (produced)—they are mine—I had the shoes on the day before—I found the window catch broken, to get the window up.
WILLIAM NEGUS . I am a labourer, of Walthamstow—at a little past 5 o'clock, one evening in last month, I met the prisoner about twenty rods from Mr. Brown's house, coming away from it towards Chingford—I bade him good morning, and he did so to me—I am sure he is the man.
GEORGE CASEY . I am a farmer, of Walthamstow—on 19th March I saw the prisoner pass my house at a little after 6 o'clock—he lives about a mile and a half from me—I received information, went after him, caught him, and brought him back—he was wearing all these articles—he had the brown coat over the other one—the boots were on him, unlaced—he had the sleeve waistcoat on, and the handkerchiefs were in his pocket—I gave him to a policeman.
THOMAS HOLDEN (Policeman, N 346). I examined Mr. Brown's house, and found a square of glass taken out of the window, which was open—the back window latch was broken—the person had got in one way, and out the other.
GUILTY .—He was further charged with having been before convicted.
SIDNEY SNOSWELL (Policeman, N 513). I produce a certificate (Read:" Central Criminal Court, October, 1860; William Thompson, convicted of receiving a box containing wearing apparel; well knowing it to have been stolen. Confined Four Months.")—that refers to the prisoner—I had him in custody.
GUILTY.— Three Years Penal Servitude.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Eighteen Months.
There was another indictment against him for burglary.
PLEADED GUILTY — Confined Nine Months.
375. JOHN ROBERTS (21), and DANIEL CRUDGINGTON (22) , Stealing 12 live tame fowls, value 3l., the property of Thomas Spencer; also, 3 live tame fowls, value 5s. 6d., the property of Henry Birdseye: Crudgington having been before convicted; to which.
ROBERTS— PLEADED GUILTY .— Confined Four Months.
CRUDGINGTON— PLEADED GUILTY .— Confined Six Months.
MESSRS. SLEIGH and LEWIS conducted the Prosecution.
DAVID MERCY . I am a clothier of Albion-street, Woolwich—I engaged the prisoner two years ago, as a tailor, and he worked for me some time—he left, and applied to me again about seven months ago for employment—I said, "You can travel for me on commission"—I afterwards took a second shop and put him in to manage it, at 15s. a week, with furnished rooms, fire, and gas—he received no commission there—about 27th February, some pawn-tickets were brought to me—I think these are them (produced)—the prisoner had no authority to pledge any of my property.
Cross-examined by MR. COOPER. Q. I believe you insured your property in the Globe-office? A. Yes; for 900l.—I did not owe the prisoner 10l. for wages when he left me the last time—he left me on a Monday; I do not recollect the month—Jane Reed was not present, but she was in the house—she lives in the kitchen—I did not tell the prisoner when he was leaving, on his demanding the 10l., that I did not owe him anything, and would give him in charge if he said that I did—I have not known him to pawn goods for me often—I have not sent him with goods to pawn—I know Julius Aran—I do not recollect his being present, and my saying that I did not care about the prisoner summoning me in the county court, only as he had pledged lots of clothes, and as I had not settled with the fire insurance, I was fearful of his tolling them—I gave Aran 3l. at one time, and 2l. at another, for the prisoner, and he asked me for it because I did not give him two weeks' notice—I told him not to give it to the prisoner till he had left my house—I know Mary Ann Bird, the wife of Charles Bird—the prisoner did not say to me, "This is pretty treatment for pledging 80l. or 90l. worth of goods for you"; nor did I say, "You rascal"—I have not often gone out with the prisoner with a bag containing property and a man to pawn it—I know Elias Coan, a butcher of Whitechapel—he has not seen me and the prisoner going to the pawnbroker's, with a bag—I have gone with him to the London-bridge station with a bag, not in order to pawn property; only what I had bought—I never pawned any property and never gave the prisoner any to pawn—I had a fire in my house after I had insured; when I had been three years insured—the prisoner made the claim on the Office—I had not taken several things to the pawnbroker's, or sent him with them, just before the fire happened—the Insurance office did not pay me the money claimed—they told me that I was robbed; that I was stowing away the goods before the fire, and I did not go to law because I did not want to lose my name.
Q. You do not mean to say that the Insurance office said that you were robbed? A. You see there was only 407l. worth of goods found in my shop injured by water, but not destroyed—I ought to have claimed for 955l. worth, but I made it for 900l. for damage done to the goods—I was only allowed 100l. and the goods back which were not damaged by water—the prisoner made out this claim for me—he can read first-rate—he can read printing—I have only one hand and cannot work hard, and he took the goods and furnished the information to a man who wrote it—these articles (produced by four pawnbrokers' assistants) are my property—I know the make of them—I buy them in warehouse—they are all new—there is no particular mark—I only know them by the make, but have no doubt of them—the prisoner sued me in the county court for his wages, but he lost the case—the Judge considered that he swore falsely.
I went to the police-court—on Wednesday, 7th February—I went to the top of the house to hang the clothes out to dry, and found several old tin-pots and cans—I took them down stairs, and in one of them, a coffee-pot, I found a white rag, containing a lot of pawn-tickets—I took them to Mrs. Mercy, who counted them; there were twenty-two—the prisoner had left about ten days before.
Cross-examined. Q. Were you going to throw them into the mud? A. Into the dust-hole—Mr. Mercy sleeps very near where' I found the pots, but the room is underneath that floor—it is not near the stairs—the stairs, up to the roof, are close by the room where the prisoner lived—there was no other servant but me—anybody must have known that the pots would be seen the moment I went up there—I have never been in trouble or charged.
BENJAMIN CUNNINGHAM . I am in the service of Mr. Byas, a pawnbroker, of 147, St. George's-street, East—I produce a suit of clothes, pawned in August last, for 1l. 3s. by the prisoner, in his own name.
Cross-examined. Q. Then you knew him well? A. No; he had never pledged things with me before—he gave his address New-street, Whitechapel.
THOMAS WEYMOUTH . I am in the service of Mr. Attenborough, of 3, Kent-place, Old Kent-road—five suits of clothes were pledged there on 27th September, for 3l. 16s. in the name of John Hymen, 34, Albion-road, Woolwich.
Cross-examined. Q. Was anyone with him? A. There was a lad outside with a bag—I asked him who the boy was outside, and he said he was his master's boy—he said who his master was—he said he pledged them for his master, who lived at 34, Albion-road, Road, Woolwich—that was in conesquence of a question of mine—I asked him for a card, and he had not got one.
MR. LEWIS. Q. Do you know Mr. Mercy's son? A. No; I said that t hat the lad was very much like the prisoner—(The prosecutor's son Joseph Mercy was here brought into Court)—that is the boy.
Cross-examined. Q. Did a child or a boy come with him? A. I did not observe it.
JOHN NEWELL (Policeman, R 59). On 21st March, in consequence of directions, I went to a little shop, the prisoner kept, and told him I had about twenty-two pawn-tickets of wearing apparel, coats, and so forth, pledged in his name—he said, "Yes; there ought to be eighty; all that is pledged I have been authorised to pledge by Mercy"—I told him he was charged with stealing them—he said, "Very well: all right" and proceeded to the station—I went next day to the prosecutor's house and saw where the tickets were found.
The prisoners statement before the Magistrate was here read as follows:—"I am innocent of stealing the things; I pawned them by the direction of Mr. Mercy, and gave him the money"
NOT GUILTY .
NOT GUILTY .
Before Mr. Common Serjeant.
MR. BRIABLY conducted the Prosecution.
ELLEN FLACK . I live with Mr. White, in High-street, Woolwich—on the night of 27th February, I saw the prisoner betwixt 8 and 9 o'clock—I saw him break Mr. White's shop window, take a ham out, and run away—I followed him as hard as I could run, crying out, "Stop thief!"—I ran till I could run no further—he was dressed in the same clothes as he has on now.
ELIZABETH WILSON . I live with Mr. White, at Woolwich—on the night of 27th February, between 8 and 9 o'clock, I saw the prisoner walking up and down by the window; he turned round and smashed it, and took a ham which was in the window, and ran away with it—Mr. White keeps an eating-house—it was a cooked ham—I did not catch the prisoner—I saw-his face.
COURT. Q. Did you know him before? A. No—he is the man—he was a stranger to me up to that time—he had on the same clothes he now wears—there are a great many soldiers at Woolwich who wear that same sort of jacket.
JOHN WILLIAM COKER (Policeman, R 443). On 27th February, I met the prisoner in Warren-lane, Woolwich, about five minutes' walk from Mr. White's shop—I said to him, "You stole a ham from Mr. White's, and broke the window"—he said, "I did do so, and threw it away; I threw it over the wall"—the house is in the parish of Woolwich.
Prisoner. I shall be satisfied if you will give me two years.
COURT. Q. Did he tell you why he did it? A. He said he wanted to get four years; he wanted to get out of the service—he belonged to the foot artillery—I did not know him before.
GUILTY .— Confined Four Months.
PLEADED GUILTY — Confined Six Months.
PLEADED GUILTY .
His master stated that he had deserted twice— Confined Twelve Months.
PLEADED GUILTY .*— Confined Nine Months.
There was another indictment against her.
PLEADED GUILTY .
Recommended to mercy by the prosecutor— Confined Three Months.
EMMA PARRY . I live at 3, Old Woolwich-road, Greenwich—on 20th February, in the afternoon, I was crossing the road opposite the prosecutor's shop—I saw the prisoners with another person, who took a ham from a shelf inside the door of the prosecutor's shop; they all three walked away
together, and I picked up a fowl which they knocked down, and took it into the shop—I pointed out the three boys to the shopman, who followed them and would have taken the three, but another boy interfered—he took Kembley, whom I knew by sight before.
CHARLES GREEKS . I was shopman to George Dunnatt in February—I emember the last witness coming—I went to the door and missed a ham of my master's, which I had seen safe three minutes before—she pointed out some boys to me from twenty to fifty yards off—I laid hold of Kembley and accused him of taking the ham—he said that he knew nothing about it—I said, "You must come back with me to the shop"—he said, "No, I shall not"—one of the other boys tried to get him away—I did not see Bowles to speak to him.
JAMES MARGETSON (Policeman, R 373). I took Bowles on the 28th—Emma Parry pointed him out in a crowd of boys—I told him I wanted him to go down to Greenwich with me on a charge of being concerned with others in stealing a ham—he said he knew nothing about it; he never was in Greenwich in his life—I never saw him in Greenwich.
NOT GUILTY .
MESSRS. W. J. PAYNE and COLERIDGE conducted the Prosecution.
ALEXANDER JAMES . I am a baker—on 20th February last Bartel came into my shop for a twopenny loaf—he gave me a shilling—I told him it was a bad one—he said, "Then I will take a penny loaf, "and he put his hand in his pocket and gave me a penny—I gave him back the bad shilling—after he had left the shop I stood at my door and watched him till I saw a policeman—I gave a description to the policeman, and saw the policeman go after him.
Cross-examined by MR. COOPER (for Bartel). Q. Did not he say, when you said that the shilling was bad, "Then I will give it back to the man who gave it to me?" A. I do not think he did—I cannot be positive that he did not—I did not see him join anybody on the road—I did not see O'Connor.
WILLIAM WARNES (Policeman, R 217). On 20th February I was on duty near the shop of the last witness, in Trafalgar-road—in consequence of something he said, I followed Bartel down the road—he was about 200 yards from the shop when I first saw him—I followed behind a van—when I came up to him he was with a man that made his escape, and with O'Connor—they were all in company together when I first saw them—I came up to O'Connor first—he was four or six yards behind the others—I took hold of him and said, "What have you got about you?"—he began to cry, and called out, "Father!" and Bartel looked round; both the men then began to run away—I gave the boy into the custody of a civilian who was standing there—I pursued Bartel for about sixty yards before I caught him—I took him back to where I had left the boy—I then took them both to the station—as I was pursuing Bartel I saw him lift his hand as he was running—that was in front of the workhouse—I marked the place with my eye, as near as I could tell—there is a fence in front of the workhouse, about four feet high, and I saw him lift his hand just to the top of the fence—after he had been taken to the lock-up, I went back to that place, searched there, and
found this shilling (produced) tied up in the corner of this handkerchief, just inside the fence—I searched Bartel at the station-house, and found on him this knife and a paper, but no money—I searched O'Connor, and found on him ten counterfeit shillings, all wrapped up separately, and a knife—I asked him how he came by them, and he said his father gave them to him to hold—I asked him who his father was, and he said the man that made his escape.
Cross-examined by MR. COOPER. Q. When the other man went away, did be make his way past the workhouse? A. I could not tell whether he went past or not—he bore to the left—I have got a testimonial which I found on Bartel (produced)—he said that the father of the boy had given him a shilling to get a loaf, and he did not know it was bad.
O'Connors Defence. My father gave me the money and told me to mind it I did not know it was bad.
Bartel received a good character.
NOT GUILTY .
MR. BEST conducted the Prosecution.
JOHN CROSSWELL . I am a pianoforte manufacturer, and live in New Cross-road, Deptford—the prisoner has been in my employ as a tuner, somewhere about the last two years—I have two classes of customers in the tuning way; annual and casual—it was usual for me to give the prisoner a list of the annual customers, and for him to go and tune those pianos for which I gave him the list, and report, on coming home, what he had done—I then booked them, and he signed it—I have the book here—I know a person named Maria Wharton—she is a casual customer—his duty with respect to casual tuning was to hand over to me the money when he returned home—I saw him on 16th March last—on that occasion I sent him to Mrs. Wharton's with a bill, to receive the money—the tuning had been done some six weeks previously—he stopped away some two hours—I sent another after him—they missed each other—when he came in I asked him if he had seen Mrs. Wharton—he said no; that Mrs. Wharton was in London on the three, and there was no one there to pay the money—I then asked him to return me the bill if he had not got the money—he told me he would see me d--d first—I have not received any money whatever from him on account of Mrs. Wharton—he has never told me that he has received it—he always said he bad not—I know a person of the name of Griselda Archer—he was in the habit of tuning pianos for her—on 19th October last I sent Mm there to tune a piano, as a casual customer—I sent him with my regular list to Sydenham—on his return he entered it as being the first time as an annual—I have sent him there four times since, considering it as an annual—I have now found that it was not an annual—I did not receive from him at that time the sum of 3s. 6d., because I believed it to bean annual—I paid him by piece-work—as an annual I should not expect him to pay me anything for it.
Prisoner. Q. Did you employ me as a servant, or as a partner? A. As a servant.
COURT. Q. What did you pay him? A. At piece-work price; 2s. out of 3s. 6d., for casuals; 1s. 3d. out of annuals, for each tuning, and 1s. 6d.
out of half-crowns, and he worked at the bench at other times—he was to hand the whole over to me, and on Saturday night receive his wages—on the Saturday he was to give in what he had earned, and he was then paid his wages weekly.
Prisoner. Q. Did you not give me full power to do at those sort of places just as you would do yourself? A. No—I forbad the cards with your name on them.
COURT. Q. Did he have some cards printed? A. Yes; as a teacher of music—I said unless he destroyed them I should discharge him—he professed to destroy them; I have never seen any since—he was not allowed to tune on his own account at all while in my service, or to retain the money paid to him for tuning, that he might deduct what was due to him.
Prisoner. Q. When I came back you used to ask me for your amount? A. I asked you for the whole—I gave you full power to ask, wherever you went, whether the tuning should be as an annual or a casual, as a matter of business—I always paid your money on Saturday night; sometimes you used to draw it beforehand; I believe for the last six months you have been in my debt—I have since found out that you have charged me with tuning pianos that never existed, and I have paid you for them; I could not even find the houses where you professed to have tuned them.
MARIA WHARTON . I am the wife of Eli Wharton, and reside at the Golden Fleece public-house, Deptford—the prisoner called on me on Saturday, 16th May last, with a bill from the last witness of 4s. 6d., for repairing and tuning the piano—I paid the bill—he gave me a receipt for it—I have it at home; I forgot it—I paid him the money—I was a casual.
GRISELDA ARCHER . I reside at Westbourne-villa, Forest-hill, Sydenham, and keep an academy there—I remember the prisoner coming in October last, and tuning a piano for me, for which I paid him 3s. 6d.—I was a casual.
Prisoner. Q. Did you know Mr. Crosswell? A. No; I thought you were tuning on your own account—I knew nothing of Mr. Crosswell.
COURT. Q. Did you send for him to tune it? A. I sent to Mr. Westbrook, an organist, at Forest-hill, to send me a tuner, and afterwards this man called—Mr. Westbrook sent him.
MR. BEST. Q. What name did he give you on that occasion? A. Chosdell; but spelt rather differently.
ALFRED JOHN CROUCH (Policeman, R 92). On Sunday, 17th March last, I apprehended the prisoner at Deptford—I told him I was going to take him into custody, charged by Mr. Crosswell with receiving 4s. 6d. from Mrs. Wharton—I knew nothing of the other case then—he said he had had a tiff with his master, and that was the reason he went and received it.
Prisoners Defence. I owed Mr. Crosswell some money just before Christmas. I used to earn sometimes a pound or 25s., and then on Saturday night he gave me 2s. or 3s., or something like that; I asked him for the money, and he said, "Oh! I must look out for myself." Sometimes, instead of paying me the money, he went in the country, and never paid me.
COURT to JOHN CROSSWELL. Q. How much money did he receive a week, on an average? A. Not more than 15s. very often, because, with regard to the annuals, I call for them myself generally—I suppose on an average he would not himself receive more than 10s. a week for me—I did not quarrel with him at all.
JURY. Q. Did you pay him every Saturday? A. Yes—his average rate of earnings was 28s. or 30s. a week, during the whole two years—he frequently borrowed money of me; he had it in advance—on two occasions I forgave him what he had taken; he was in arrear and I let him off—that was about twelve months ago.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
WILLIAM WEST . I am a grocer in Church-street, Woolwich—on 28th February last, about 9 o'clock, the prisoner came in at the doorway of my shop, took a piece of bacon weighing 10 lbs., and ran away with it—it was on a bacon-stand, inside the shop, near the door—I saw his face distinctly—I was closer to him than I am to you, and where he took the bacon from was close to a strong gas-light—he was not one minute about this—he came up to the door, looked me in the face, and then ran away—I followed him as far as I could, but did not overtake him—I gave a description of him to Newell, the officer, and he brought him to me on the Monday afterwards.
Prisoner. Q. Did not you say before the Magistrate that I dropped the bacon when I was first in custody? A. No—the description I gave to the police of you was, a young man, slightly built, pale, and a little flushed in the face.
COURT. Q. Had you ever seen him before? A. No—I did not give any account of his dress—I said he was without whiskers.
JOHN NEWELL (Policeman, R 59). I took the prisoner into custody on Monday evening, 4th March, from the description given to me by Mr. West on Saturday, 2d March—I told him I. wanted him to go to Mr. West's shop, where there had been some bacon stolen—it was close by—he said, "You have made a mistake this time"—I then took him into Mr. West's, and asked him if he knew anything of this young man, and he said, "Yes, that is him that took the bacon."
COURT. Q. Did you take him because you found that he answered the description? A. I did—I did not go in search of this particular person; J saw him, thought he answered the description, and so took him—the description given to me, to a certain extent, brought a particular man before my mind.
Prisoner's Defence. I deny the charge; I was not in the shop; I don't know anything about the bacon.
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY .**— Six Years' Penal Servitude.
Before Mr. Justice Williams.
MR. BEST, for the Prosecution, offered no evidence on the inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
MR. LOVESY conducted the Prosecution.
MARTHA PACKINGTON . I am a widow, and live at 6, Cranmer-road, Brixton—on 4th March, about a quarter to 4 in the morning, I was in bed and asleep—I was aroused by a policeman's rattle—I got up and went first to my son-in-law's room, and then went downstairs—I found the kitchen window open, and also the front drawing-room window—I found the children's clothes, my son's coats and jackets, two shawls, and other things, all put together in a parcel—these two handkerchiefs (produced) are mine—I did not miss them until I saw them at the station—I have a dozen of the same kind—I had seen them safe in the house on Sunday, 3d March.
WILLIAM PACKINGTON . I am the son of the last witness—on the morning of 4th March, about a quarter to 4 o'clock, I heard a policeman in the back garden with his rattle—I got out of bed and opened the window—the policeman said there was somebody in the house—I went downstairs, and found two policemen there—this meerschaum pipe (produced) is mine—it was in my Inverness cape the night before.
JOHN PHILLIPS (Policeman, P 64). On the morning in question I was on duty near the prosecutor's house—I saw a light moving in the house—I went closer and saw the prisoner in the house with a light shining right on his face—I could not see what light it was—I had never seen him before—I went up to the back door, and the light was extinguished—I sprang my rattle—I got into the house—I found the back kitchen window open, and the back kitchen door also—it was not open when I went to it; only unfastened—it was not bolted—I could open it—I was about ten feet from the house when I saw the prisoner—I saw him in custody about an hour afterwards.
EDMUND COOPER (Policeman, P 257). On 4th March, about a quarter to 4, I was on duty in the Cranmer-road—I saw the prisoner jump out of the window of Mrs. Packington's house, and run across to the corner of the garden—I ran after him and caught him by the coat—he made his escape—I pursued him, and lost sight of him in South Island-place—I searched the gardens, and found him close by in the rear of Mr. Webster's house—I gave an alarm, and he was taken by another officer as he was getting over the wall.
JOHN COLLINS (Policeman, P 365). On the morning of 4th March, about a quarter to 4 o'clock, I was on duty in Camberwell New-road—I heard the springing of a policeman's rattle, and ran into the Cranmer-road—I saw several people seemingly alarmed, looking out of their windows—a man who was standing at the door next to Mrs. Packington's told me something, and I went towards the Brixton-road; as I got there, I heard the springing of another rattle—in consequence of what another constable said, I went to the backs of the houses, and after searching for about three-quarters of an hour, I saw the prisoner coming over the wall—I told him to stop—he got up and made off again, and I knocked him down with my truncheon—he made use of threats, and said he would warm me—I secured him—I afterwards searched him at the station, and found on him the two handkerchiefs and the meerschaum pipe that have been produced.
MARTHA PACKINGTON (re-examined). I examined the doors and windows before I went to bed—the house was securely fastened before the servant went out for church in the evening—I don't know how any one got in—I suppose it was from the sash of the kitchen window not having been fastened—that might have been opened from the outside as a pane of glass was broken in that window before this—when I came down in the morning that window was open, and the shutter was down—the hole in the broken pane was
quite large enough to admit a man's hand—I can't say whether he could have reached the catch—it could easily have been done with a knife—the window he got out of was a different window—that had been fastened the night before—he must have opened that from the inside.
The prisoner was further charged with having been before convicted.
GEORGE HULL (Policeman, P 22). I produce a certificate. (Read: "This certifies the conviction of James Spencer, at this Court, in June 1859, of Burglary; Sentence, Eighteen Months") the prisoner is the person mentioned in that certificate—I had him in custody.
GUILTY. (See next case.)
390. JOSEPH WOOD (21), was again indicted, together with ALFRED ABBOTT (19), and ALICE ABBOTT (25) , for burglariously breaking and entering the dwelling-house of John Strickland Elwood, and stealing a watch, a coat, and other articles, his property; Second Count, Feloniously receiving the same.
MR. LOVESY conducted the Prosecution.
JOHN STRICKLAND ELWOOD . I live at Dowler-street, Camberwell—on 21st February, at 8 in the morning, on coming downstairs and opening the middle door in the passage, I found my son's overcoat on the floor—it had been hanging up the night before—on unfastening the window and shutters, I found the room in great confusion; work-boxes and drawers of every description had been turned out, and all sorts of things scattered about—I called Mr. Savage, who lives in the house—I missed an umbrella, a scarf, a watch-guard, my wife's purse, and a coat—this is the umbrella (produced), and these other articles are my wife's—this watch-guard was hanging up, with a watch, over the mantel-piece—the watch went with it—this is a piece of woollen stuff that was left from my child's frock—I missed it from the house on this occasion—the house was bolted and looked securely the night before—I did not find any locks broken—the entrance was effected by a flap in the back garden—that would lead into the cellar, and then by raising a trap they would get into the kitchen—the cellar flap was not fastened—it only had a weight upon it.
Cross-examined by MR. HORRY (for Alfred Abbott). Q. How many times did you attend at the police-court? A. Only once—the prisoners were then all three in custody—that was about a week after 21st February.
CELIA SAVAGE . My husband is a tobacconist—he occupies part of the prosecutor's house—on the morning of 21st February, I came down shortly after Mr. Elwood—I found things scattered about, and missed a great many things, knives and forks, spoons, boots, gloves, and a bird—these are the gloves (produced), and this is the bird; it was taken out of its cage—I know it is my bird, and it knew me again directly it was put into its own cage, and began to sing and eat.
WILLIAM SMITH (Police-inspector). I received this umbrella from Mrs. Molloy, No. 1, Bishop's-terrace, Walcot-square—I also got from her a quantity of things which I have here—this silk guard and the purse I found on the prisoner Alfred Abbott—I asked him if they were his, and he said he had purchased them—that was on 6th March—I took him into custody at Horsemonger-lane Gaol—he was on a visit to his brother, who was confined there—Wood is his brother—I apprehended him after he had seen his brother, as he was coming out of the gates—the place in Bishop's-terrace, where I found the other articles, is the residence of Wood and Alice Abbott—I don't know whether Alfred had visited his brother in Horsemonger-lane Gaol before that, or whether he had done so at Bishop's-terrace, except from what the landlady told me.
Cross-examined by MR. DICKIE (for Alice Abbott).Q. Do you know that Wood's real name is Abbott? A. Only from what his father has told me.
ANN MOLLOY . I live at 1, Bishop's-terrace, Walcot-square, Kennington—the prisoners Wood and Alice Abbott lodged together there as man and wife—I remember the policeman coming to the house and searching—the prisoners were not thereat that time; the brother and Mrs. Abbott were there—some of these things were found there—I gave them to the inspector.
Cross-examined by MR. HORRY. Q. Do you mean that Alfred was there at the time the policeman came? A. Yes; it was on Tuesday, the 5th.
THOMAS NEWEY (Policeman). On 21st February, I went to Mr. El wood's house and examined the premises—I saw a great number of footmarks in the garden—I examined them and preserved several of them in the event of any persons being taken into custody—I covered them over with pieces of tile and slate, or anything I could get, in order to preserve them—since the apprehension of the prisoners I have compared their boots with those marks, and I find that the two pairs of boots which I have here belonging to the two male prisoners exactly correspond—I apprehended the female prisoner and found on her a pair of gauntlets, claimed by Mrs. Savage—I met her in the Borough-road on the afternoon of 8th March—I was in plain clothes—I told her I was a constable, and should take her in custody—she said she thought I was mistaken—when I told her it was my duty to take her to the station she said she would afford me all the assistance she could—I spoke to her about the parroquet that was taken from Dowler-street—I cautioned her in the usual way—she then told me that the bird she had sold at Mr. Judd's, the bird shop in Newington-butts, on the day previous, which would be the 7th, and that Alfred Abbott was present at the time she received the 10s. for it—Alfred was not present when she said that; he was then in custody.
Cross-examined by MR. HORRY. Q. Where did you get the boots from, that you call Alfred's boots? A. From Inspector Smith—I went to examine the premises immediately after the burglary, in the morning, and it was then that I made the examination of the footprints—I went again to the premises on 6th March, and found the footmarks there—they were just in the same preservation that they were on 21st February—it is garden ground—I mean a garden in the possession of a gardener, and worked by him—it is not all stocked—I found footmarks on the part that was not stocked—I did not look in the part that was—I found about half a dozen footmarks—they were the footmarks of three men: there were six marks, the marks of three men's feet—one was a long narrow foot, the other a short foot, with round toes—I mentioned the footmarks to Sergeant Hull at the time we were examining the premises—he went over the ground with me—I have been at the place I should say half a dozen times since the robbery—I did not go between the time of first seeing them and my going with the boots—that was the day after the prisoners were apprehended.
Cross-examined by MR. DICKIE. Q. After this conversation in the Borough-road with Mrs. Abbott, what did you do with her? A. I took her to the police-station in Carter-street—she was not examined before the Magistrate—I took her from there to Brixton—she was charged there and locked up for the night, and then taken before the Magistrate, remanded, and, I believe, let out on her own recognizance—she did not tell mo freely everything I inquired about the matter; quite the other way—he told me the man she was living with occasionally went out trapping birds, and she believed he had trapped this one.
Joseph Wood at the police-court—I did not take them off myself, but I had them taken off on 4th March—the others, I believe, Newey took off.
MARIA JUDD . I purchased a bird of this kind (produced) from a respectably-dressed young female and a young man—I cannot swear that this is the same bird—if Alice Abbott is the person, she was dressed more respectably than she is now—she has something of the features of the person, but I don't think I could swear to her—it was young person about her age—I am not the best person to remember features—I do not remember her—I should not like to be positive about it.
Woods Defence. My brother is innocent; he knows nothing of the affair.
MR. HORRY called the following witnesses.
JOHN ABBOTT . I am a smith—the prisoner Wood is my son; his real name is Abbott—Alfred is also my son—he is 19 years of age—he is my youngest—he has worked at home with me as a smith for a long time past—he has never been away from me only a fortnight before this transaction—everyone who knows him will give him an honest character—he has always borne that character—I recollect his buying a pair of boots; he bought them of William Braggs, of Garden-place, Mile-end—he bought those boots after 21st February—I can't say the day of the month—we had a few words together lately, and he went to live with his sister and her husband, and he was living with them up to the time of his apprehension—he was working with them at their business—knowing where he was, I was not so uneasy as if he had been amongst strangers—I can say that he was never out for one night from my house for three months before leaving home.
Cross-examined by MR. LOVESY. Q. How long has the elder prisoner been away from your family? A. About eight or nine weeks—I am not aware that Alfred has been constantly in the habit of going to his brother's lodgings.
MR. HORRY. Q. Would you have allowed him to do so had you known it? A. I would not.
WILLIAM BRAOGS . I am a working shoemaker, at Exhibition-change—that is where I sell my work—I don't know Alfred Abbott, no further than selling him shoes—I can't say how long I have known him—I have sold him several pairs of boots—I may have known him perhaps a twelvemonth, from selling him boots at Exhibition-change—that is near Rosemary-lane—they were second-hand boots—I can almost say that these boots (produced) are my making up—I should think they were but I could not be positive, not to swear to them—it is very much like my work—I believe they were a pair of my repairing—I don't sell new boots, only repaired ones—I have some idea of selling him these boots—I can't say how lately it was that I sold them, not to a week or two—I should think it might have been seven or eight weeks ago from their appearance; I cannot say—I can't say whether it was before or after 21st February—I don't keep any account of what I sell—these are very common boots—I dare say I sell 50 or 100 pair a week of them.
SARAH DONOVAN . I am the wife of Richard Donovan, a cabinet-maker, at 18, Clarendon-street, Borough—I am the sister of Alfred Abbott—I remember his coming to me from his father's—he was with me about a
fortnight before his apprehension—he was living with me up to the time of his apprehension—he slept every night at my house since he left his father's—he has not been out of the house for one night, while he as remaining with me—I can be on my oath that he slept there every night; the latest time that he was in bed was 10 o'clock; I can speak to that from my own knowledge—he was never out later than 10—we got up abut 7 or 8 in the morning, and he got up when we did—while he was with us, he worked with my husband toasting-fork making—he always was an honest lad—I never heard anyone speak against his character.
Cross-examined. Q. What became of him in the daytime? A. He was going about with my husband—he is a blacksmith—my husband is a cabinetmaker by trade, but he follows another business—he does embroidery stamping in the summer time, and makes toasting-forks in the winter—my brother helped to make the forks.
MR. HORRY. Q. While Alfred was with you, whatever your husband was doing, was he assisting him? A. Yes, in the daytime, and went out to sell them in the evening—it is part of a cabinet-maker's business to make handles to toasting-forks, and he turns the wires as well.
MR. LOVESY. Q. What do you say your husband's name is? A. Richard Donovan—he never went by any other name—he has been called Kelk—he followed his mother's name—Donovan is his real name—I don't know any reason for his calling himself Kelk at any time; it was simply a matter of whim.
MR. HORRY. Q. Was it in consequence of his ever having been convicted of anything? A. No, never.
ANN ELLIS . I am the landlady of Alfred Abbott's father, living at 19, Victoria-place, Hill-street, Walworth—my husband is a cigar-maker—I have known Alfred Abbott, during the time he has been with me, working for his father, and at other times at embroidery work—I believe he has always borne a respectable character—I never knew anything of him but honesty.
Cross-examined. Q. Have you ever been in custody? A. No, I have not; it is false—the police have never had occasion to search my house—they have been to my house—they came respecting this piece of cloth—I have seen it before; it is not mine—it was found at my house—I gave it up to Inspector Smith—Mrs. Molloy gave it to me—I went to fetch some things from her house.
WOOD and ALFRED ABBOTT— GUILTY of Burglary.
ALICE ABBOTT— GUILTY of receiving.
Wood and Alice Abbott were further charged with having been before convicted.
GEORGE HULL (Policeman, P 32). I produce a certificate. (This, as before read, certified tlie conviction of Joseph Wood with Alice Everett, at this Court, in June, 1859; sentence, Eighteen: months.) The female prisoner is the person to whom that certificate applies—I had her in custody, and was present at the trial—her real name is Alice Lyon.
WOOD— Six Years' Penal Servitude.
ALFRED ABBOTT—Recommended to mercy— Confined Three Months.
ALICE ABBOTT— Confined Six Months.
Before Mr. Common Serjeant.
MR. THOMPSON conducted the Prosecution.
church, and compared it with the register—it is correct—Read: "St. Luke, Middlesex, John Buxton and Fanny Goodsell, married 6th March, 1831"—I produce another certificate, which I have also examined—it is correct—Read: "St Paul, Bermondsey, John Buxton and Sarah Gilbert, married May 28th, 1854."
Cross-examined by MR. LILLEY. Q. Were you present at the police-court when Sarah Gilbert was there? A. Yes; she conducted herself in so violent a manner, that she was turned out of Court.
MARY ANN KIDDER . I am single, and live at 7, Temple-lane, Whitefriars—I was present at a marriage in 1831, between John Buxton and Fanny Goodsell—the prisoner is the person, and his wife is in Court.
Cross-examined. Q. Had you known him some time before that? A. Yes; more than thirteen years—I did not know, soon after I became acquainted with him, that he was married; I knew it some years after, and he swore it was an illegitimate marriage, and that if I had a family of children by him, as he was married in a wrong name, it was illegal—he swore it on the Bible—he had told me before 1854, that he was married, but that it was an illegal marriage, as it was in a wrong name; that it was spelt wrong—I have said that before to-day, I told my brother—the prisoner told me so hundreds of times—it Was in 1840, or 1841, that I became acquainted with him—to the best of my knowledge, he had no knowledge with regard to his Wife for many years, and I believe he said that he did not know whether she was living—his wife Went to my brother, and said that she lived under the protection of the Hon. Richard Moore—I gave him in custody six weeks ago last Monday—she came with a seal, and sealed up the home that I had honestly worked for, and I had partly kept him for ten years—I did not give him in custody—he had gone away on the Saturday—the wife fetched him—I gave him in custody in self defence, when he came on the Monday with his wife, and the nurse, and the superintendent to take the home from me, and put the seal upon it; but she could not do it, and went back to the Magistrate—I have four children by him.
MR. THOMPSON. Q. Is he a journeyman printer? A. Yes—he does very little Work—I first saw his wife about four years ago—she went to my brother's house, and represented that the prisoner was dead—the prisoner and I have been living constantly together, from 1840 up to six weeks to-morrow.
GUILTY .— Confined One Month.
MESSRS. GIFFARD and ORRIDGE conducted the Prosecution.
CHARLES THOMAS MAYLOR . (City-policeman, 348). On 7th January I was called by the prosecutors to go to Prince's-dock, Rotherhithe—I was in plain clothes—I saw Graham's waggon in the road, in front of the dock, soon after 5 o'clock—it had been there all day, loading with sheething metal—Percival, Jelf, and three or four others were loading it—Preece was on the waggon; and the prisoner was in the dock-yard where they beat the metal up—I took Sullivan in custody first—I then came back and saw the waggon standing at a public-house—I saw a man I cannot identify, run through a court with some metal under his arm—I then saw Jelf take some, and then the prisoner took an armful—Sullivan pleaded guilty, and the others were tried
and convicted (See page 342)—the waggon was, I think, at the Angel public-house—that is in Paradise-street, half a mile from the dock, not on the direct road, but out of the way—the man I cannot identify turned up a court leading into Clark's orchard, where a man named McGregor lived—he was in conversation with the other man—when Jelf came back I saw the prisoner partly in and partly out of the wicket gate to McGrego's premises—I caught hold of him—he had this metal under his arm—I pulled him back, and the metal fell part in the yard and part out—we scuffled together and were up and down two or three times—we got across the street into a narrow court and at last he got away—I could not follow him as fast as he went—I had seen him take the metal from the tail of the waggon—he was taken in custody last Tuesday.
Cross-examined by MR. RIBTON. Q. Are you sure he is the man? A. Yes, I knew him before—I did not know his name—I know he worked occasionally at Mr. Viviau's, but not constantly; a job man, not a regular man—the Angel public-house is out of the way—they do not go that way sometimes to avoid a toll-bar—I did not see the van again before it stopped at the Angel, only while it was loading—Harris was in the dock.
JOHN BURRUTT . I am one of the house of Vivian and Sons, 13, Upper Thames-street—on 7th January we were stripping the ship Gwalior, which we had sheathed in 1848, and were about to re-sheath her—I have seen this metal—it is marked "V. and S," it was worth 7 3/4 d. per pound at this time.
Cross-examined. Q. Is it old metal? A. Yes—it might be Sold as such if it could be—we take it back in exchange as old metal—we do not buy it.
THOMAS COLLET . I am storekeeper at Prince's dock—I remember wending for the copper sheeting from the Gwalior, on 7th January—the prisoner was engaged in straightening the metal at the bottom of the dock, but not in taking it from the dock to the waggon—Percival was the weigher—I was called away for two or three minutes, and left the dock—I remember the waggon leaving.
Cross-examined. Q. Had the prisoner anything to do with the loading of the waggon at all? A. No.
WILLIAM HENRY POWELL . I am foreman to Messrs. Vivian—Percival was in our employ on 7th January—he had charge of a set of men to go down to the Prince's-dock and strip the Gwalior—the prisoner had worked for us about two months—I saw the metal two sessions ago.
Cross-examined. Q. Was he working under Percival? A. Yes—Percival was foreman of the job, and the others were under him—copper stripped from other vessels would be of the same description as this—we have sheathed many others—I have known the prisoner two months, and have no reason to doubt his honesty.
MR. ORRIDGE. Q. Do you see your mark on that? A. Yes; and I know that the Gwalior was sheathed with our metal in 1858, though we supplied other ships with the same—no other ships of our's were being stripped at that time in that dock, that I am aware of.
COURT. Q. Is there anything to enable you to distinguish your metal? A. Only by comparison—the comparison enables me to say that this actually came from the Gwalior—I am satisfied that it did—I can distinguish the metal of the Gwalior from the peculiar wear, she had gone a voyage different from others—it is easily distinguishable, but not easily explained.
us in 1858—this bears the stamp of "20 oz." particularly clear—we made some remonstrance to the owner about it at the time—we were not sheathing any other vessel, the frost prevented it—the Gwalior was in before the frost commenced.
HARRY FEAST (City-policeman, 425). I took the prisoner on Tuesday last, at the Artillery brewery, Westminster—I told him the charge—he said he thought it had blown over, but still he must put up with it as it was.
Cross-examined. Q. Did you find him at work there? A. Yes—he did not say that what he did was by Percival's direction—I do not remember that he mentioned Percival's name.
GUILTY .— Confined Nine Months ,
MR. BEST conducted the Prosecution.
JOHN PRICE . I am a bricklayer, of 3, Holles-street, Spring-place, Wandsworth-road—I know the prisoner—I was at the Surrey Arms beer-house on Saturday night, 26th January last—the prisoner and I were tossing for a pot of beer, and the penny came against his feet and he kicked it over—I paid for the pot of beer—I left the public-house that night—in conesquence of something I was told, I went there again, on the following day, Sunday, at a quarter before 3 o'clock—I saw the prisoner there—I went to him and asked him what he had been talking about me, and if he had anything to say to say it before my face, and not to go backbiting me—he said, "I have nothing particular to say but what I have said, I can soon settle that"—I said, Well, that is what I want"—I was stripped at the time, and I went home and put my jacket on, and I then returned—he stood in the street—I went to him and said, "Now, how are you going to settle it?"—he said, "You b----, I will settle you," and then he rushed at me—I pushed him back with my left hand, and he struck me with his left hand, and then drew his right hand from his side in this way; he threw it round me and drove it right into my back, and said, "Take that, you b----"—we both fell together, and a young man, named Burgess, who was by, laid hold of him, and took an open knife out of his hand—the prisoner gave him a violent blow on the cheek—I put my hand to my side, and found that I had a handful of blood—after the prisoner had struck Burgess, I turned round and said, "You vagabond," and struck him a blow, and, I believe, I struck him a second time; I knocked him down—I was obliged to have Mr. Jones, a doctor, to the wound, and to keep my bed eight days—I could not get out—I was not able to do any work for eight weeks—I afterwards went to the hospital—I have recovered now, and am able to go to work.
Cross-examined by MR. RIBTON. Q. Are you what they call a fighting man? A. No—I get my living by hard work—once I and another man fell out, and he came and laid hold of me and dragged me out of doors—his name was Attwood, an excavator—we had a regular fight; about six rounds—I beat him—it lasted about twenty minutes, I think—that was last spring—that is the only time I have had a fight of that sort—there was a dispute between the prisoner and me on this night, over the penny—I went next day to the public-house to have a talk with him about what he had been saying of me—George Attwood was outside the public-house at that time—I first said to the prisoner, "What have you been saying about me all the morning?"—he said, "Nothing particular"—I swear that I did not say, "For two pins I would break your b----y nose; come out and fight"—
he did not say, "I won't; I aim not able"—I did not then put my head right into his face; I never touched him—I laid hold of him by the shoulder and turned him round, and said, "Come, now, what have you got to say?"—I did not offer to go down on my knees and fight him—I went home to put my jacket on I did not say I would put a heavier pair of boots on—I did put another pair on; these that I have got on, because I had got an old pair of slippers on with all the bottoms out of them—he followed me out of the public-house and stood in the street—I went home to put my jacket on—I do not know that I went for the purpose of putting my boots on as well—I did not think about it—I went home to put on my boots—I did go home to put my boots on and my jacket—after I had put my boots on I went to the corner—I did not go on purpose after him—I knew which way he had gone—I could see him; it was not ten yards from where I left him—I did not run after him—I did not hit him Or knock him down till after I was stabbed—I mean to swear that—I did not do anything before I was stabbed—I did not hear him say, "If you don't leave me alone I must defend myself the best way I can," or anything of the sort—I never saw the knife before—I have seen it since—I did not see it in his hand when I came after him to the corner—I cannot swear that he had not the knife in his hand—I did not, at the Surrey Arms, thrust my head into the prisoner's face, or strike him in the face with my open hand, or challenge him to fight—he did not say, I can't; I am not able to"—I did not say, "If you can't, I will make you"—I did not go down on my knees and double my fist at him.
MR. BEST. Q. That fight With Attwood was a year ago? A. Yes; I was not on strike at that time—I was at Work at Mr. Beaufoy's at the time, at South Lambeth.
JOHN BURGESS . I am a fireman, and live at 3, Holies-street, Spring-place, Wandsworth-road—on Sunday, 27th January, I Was in 3, Holles-Street, opposite the Surrey Arms, and saw the prisoner and last witness, about 3 o'clock, hustling together in the road—I was about four or five yards from them—I saw the prisoner pass a knife round, and thrust it into the prosecutor's back—I did not see the knife till he drew it back again—then I did—they both fell, and I took the knife out of the prisoner's hand—I gave it to Police-constable Jones.
Cross-examined. Q. Do you mean to say you did not see the prosecutor strike him? A. No, I did not see either, before I saw the blow with the knife—he may have struck him before I saw him, for I Was called out to see them—it had begun when I came out—I cannot tell what blows were struck before I came out—I did not see anything of what Went on in the public-house—it was before they fell on the ground that he was stabbed—I am quite sure of that—Price, when he was stabbed, held his hand in this way, and fell on the ground immediately—I did not see him strike the prisoner—directly I saw him fall, I ran and took the knife out of the prisoner's hand—I did not see Price knock him down, or call him a vaga-bond, or anything of that sort—I ran after a policeman—I did not see him strike him before the knife was Used.
COURT. Q. Was the prisoner sober? A. I could not say.
JOHN JONES (Policeman, V 246). On Sunday, 27th January, about 3 o'clock, I received this knife from the last witness—they were putting Price to bed when I went up into the room—he had a wound in the back—I could not say whether he was drunk or sober—I afterwards went down to the prisoner's house, and took him into custody—he had been drinking—a
witness, named Charles Gilroy, was examined before the magistrate—he is here.
GUILTY of Unlawfully Wounding. — Confined Six Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Nine Months.
MR. POLAND conducted the Prosecution.
JAMES BRANNAN . I was formerly an inspector of police—on the night of 26th March, about half-past 9 o'clock, I went to 20, Lant-street, Southwark, accompanied by Inspector Moore and other officers—it is a marine-store shop—the shop-door was open—I proceeded through the shop and front-parlour, upstairs to the second-floor back-room—I saw the door ajar, and a light in the room—on entering, the light was put out—we had lamps—Inspector Bryant had a lamp with him—he turned it on—the prisoners were there when we entered the room—the male prisoner was standing by the fireplace, trampling on some plaster of Paris, metal, and cinders—he was seized by Inspector Moore, and I went towards the female prisoner and took this galvanic battery wire from her hand, wet with solution—I said to the male prisoner, "Well, Tom, we received instructions from the solicitor to the Mint, to pay you a visit; you are suspected of coining—he said "What's the matter? what's the matter?"—I said, "We shall see presently"—I then said to the female prisoner, "Well, Mrs. Freeman, here we meet again"—she said, I don't know what you mean; I never recollect seeing you before"—I said, What, not at Flint-street?"—she said, "That's gone by"—the cinders were steaming hot, but the fire was put out by some offensive liquid, which smelt like acid—I said to Jones, "Is this house yours? have you any ledgers? if so, we have no desire td annoy them, for we have a search-warrant to search the place"—he said "The whole house belongs to me; I have only one lodger, on the first-floor front room"—I then commenced searching, and on a large dish, which I produce, were a number of plaster of Paris moulds in liquid—I found that between the two prisoners—two of the moulds bear the impression of sixpences, partly obliterated through being in the liquid, which smelt to me like urine—I could not say whether it was that colour, because the plaster discoloured it—there were a great number of moulds, some of which had the impressions completely effaced and obliterated—some of the moulds that were at the top, in the urine, were warm and smoking—on the landing, in a coal-scuttle, I found a quantity of white metal, also hot—on the stove, in the adjoining room on the same floor, I found this tea-cup (produced), with 155 counterfeit sixpences in it, some of them wet with the silver solution—I found an iron saucepan, also hot, containing a little white metal—I found all the other necessary implements for coining, colourings and coating—in a cupboard, under the stairs, I found two galvanic-battery plates, and three counterfeit sixpences (produced)—the officers, who were with me, found other things—I saw them searching.
Cross-examined by MR. LILLEY. Q. Was the front door open? A. It was—there were three females in the back parlour; none in the shop—I went straight upstairs through the back parlour—I saw a small lamp in the
room after we had searched—the blinds were not up—I put them up—I am positive they were not up at the time—the wire was wet with solution when I took it out of the female's hands—I know what solution it was, because I tasted it—Jones did not say anything about any lodgers having recently left—he said that he had a lodger in the front room of the first floor—I am quite clear that he did not say anything about a lodger having recently left his house, and having occupied those rooms—I know a man named Wright, and I believe he formerly lodged there—he is under charge here to-day, and has confessed his guilt (see next case)—the sixpences which I produce were found in the next room, in a tea-cup—I can only state that I believe the liquid was a mixture of the solution that they had been using for coating, for I had the curiosity to taste it.
MR. CLERK. Q. Was there a light in the back parlour when you went in? A. Yes; I took very little notice what the three females were doing—they were sitting down, and I directed that they should be secured, and they were kept downstairs, in custody—Wright was living at this time, at 97, Union-street, Lambeth-walk; at least, he was in custody at that time, about an hour before that—the rooms which we searched were on the second floor—the lodger was said to live on the first floor.
COURT. Q. Was Wright taken at Union-street? A. Yes, an hour before.
WILLIAM MOORE (Police-inspector, M). On 26th March, about half-past 9 o'clock, I went, with Mr. Brannan and some other officers, to this house, in Lant-street, in the Borough—I went upstairs with Mr. Brannan—in the front room upstairs, on the second floor, I found 4 counterfeit florins, 3 counterfeit shillings, and 11 counterfeit sixpences (produced).
JAMES BRANNAN (Police-sergeant, G 21). I accompanied the other officers to this house, in Lant-street—I entered the room with them, and I saw Jones stamping on some cinders, and a plaster of Paris mould—I pushed him on one side and got the mould—there is no impression on it; it is defaced—I also found some basins of sand, one of which had a get in it—I was at the police-court on 27th March, when the prisoners were remanded—while in the gaoler's room, as he was taking down the names in his book, the female prisoner said to the male prisoner, "I have done some time before, I suppose I shall have to do it again; but I am b----d if I don't do it after I come out, in spite of them; they can't hang me for it."
Cross-examined. Q. Was there any furniture in either of these rooms on the second floor? A. Yes, a little; there was a bedstead and some beds cut up, some feathers strewn about the room—there were some chairs—I am positive of that—I did not notice how many—there were more than 2—the bed cut up was in the front room, not where the prisoners were apprehended—in the room where they were apprehended there was a bedstead and, I think, 3 chairs and a table—I did not take particular notice of the other room—when the female prisoner made that statement, I said to Mr. Downes, the gaoler, "Perhaps you will have the kindness to remember that I shall tell the Magistrate about it"—nothing was said to her by me, or anybody else, before she said that—I did not take down her words in writing.
MR. CLERK. Q. Till what day were they remanded on the 27th? A. Till that day week.
this is a catalogue of the things in the order in which I am going to speak to them, made at the time they were brought to me—here are 2 double moulds for sixpences, but so much destroyed that I cannot speak to any of the coins having been cast by them—urine will destroy a mould if the mould is thrown into it in a hot state; but if thrown into it in a cold state, it rather tends to harden it—water will destroy it very much quicker—I have examined 155 sixpences produced by Mr. Brannan, and found them all to be bad—I only selected 6 from each, of the dates 1858, 1859, and 1860, to prove that they were from one mould—these produced by Inspector Bryant are 5 counterfeit sixpences of 1859, 1 of 1860, from the same moulds as the others—there are 5 shillings of 1859, and 2 florins of 1859, from one mould—the next are those produced by Inspector Moore—here is a sixpence of 1857; 2 of 1858, from one mould; 5 of 1859, from the same mould as the others of 1859; and 3 of 1860, from the same mould as the other of 1860; and 4 florins of 1859, from the same mould as the 2 produced by Inspector Bryant—here is a wire and a galvanic battery—when I first saw it there were several shillings in it, one above the other—they were placed there—whether they were found in that state I do not know—here is a part of another double mould; simply the channels are made—I will not venture to say whether it has been used—both the moulds produced, found in the urine, are double moulds for sixpences.
Cross-examined. Q. Do you say that placing plaster moulds in urine, in a cold state, will have the effect of hardening them? A. Yes; I found it so from an experiment that I made—not one of these moulds is undefaced; but you can see sufficiently what mould it is, and what it has been used for—they are in a sufficiently good state to tell me that they are moulds for sixpences, but not so good as to enable me to say that any of these coins had been cast from them—this mould has the impression of a sixpence on it.
COURT. Q. Is the double mould for sixpences so defaced that you cannot say whether it has been used or not? A. I said that I could not tell that any of these sixpences had been cast in it—it has been used for casting—I can say that there is upon it the figure and apparent resemblance of both the obverse and reverse sides of a sixpence.
GUILTY .—MR. CLERK stated that the prisoner Jones took the rooms occupied by Wright and Riley, the prisoners in the next case; and that some of the coins found at Jones's had been made from a mould produced by the same coins as a mould found in Riley's possession.
JONES**— Fifteen Years' Penal Servitude.
FREEMAN**— Ten Years' Penal Servitude.
WRIGHT PLEADED GUILTY .**— Fifteen Years' Penal Servitude.
RILEY PLEADED GUILTY .— Six Years' Penal Servitude.
MESSRS. W. J. PAYNE and COLERIDGE conducted the Prosecution.
GEORGE FERRIS . I am the landlord of the Sun public-house, Mason-street, Westminster-road—on the afternoon of 21st February, about half-past 12 o'clock, the prisoner and another man came into my tap-room—I was in the bar—the prisoner came out of the tap-room, and called for a biscuit, which was 1d.—he tendered a shilling—I gave him 11d. change, and put the shilling in the till—there was no other shilling in that compartment—he
returned into the tap-room, and came out again to the bar, and the other man with him—I was in the bar then—I did not hear what was said—I saw my wife serve him with some gin—I saw him tender something to her, and she handed me a shilling—I took it, looked at it, and said, "I took one yesterday about the same time, made with the same mould as this is; I believe you are the man that has given it me; I believe you were in my house yesterday"—both the men were at the counter—he said, "I never was in your house before; I was going to Worthing; I was too late for the train at London-bridge; I thought I would take a walk"—my house is about two or three miles from London-bridge—I went to compare the two shillings together, and while I was gone both the men left the house—I then went directly to the till, and found the shilling for which I had given him 11d. change—it was bad—I went after him, got a policeman, and gave him in custody.
SARAH FERRIS . I was in the bar when the prisoner came in—he asked me for half-a-quartern of gin, and tendered a shilling—I told him it was bad—he gave me a two-shilling piece—I handed the shilling to my husband.
Prisoner. Q. What did you give me in change for the 2s.? A. I believe it was a shilling, a sixpence, a threepenny-piece, and a halfpenny—the shilling that I gave you in change, I got out of the till—there were no more shillings there—we have four compartments in our till.
COURT. Q. Did you take your shilling that you gave him out of the same compartment as your husband put the bad shilling in? A. No.
WILLIAM LENNY . On the 21st, between 12 and 1 o'clock, I went into the prosecutor's house—I saw the prisoner there—I heard the prisoner say to the other, "Let's hook it"—that was after the money was offered.
JOHN HARRINGTON (Policeman, L 32). The prisoner and a man named Judd were given into my charge—Judd was discharged by the Magistrate—I searched the prisoner, and found on him 4l. 9 1/2 d. a puree, and a duplicate—I told him the charge—they both said they were innocent—I told him he was charged with uttering two counterfeit shillings—he said he was innocent of it—I said, "Why did you want to change the second shilling when you had just got the change of one?"—he said that he forgot he had the change—I received these three counterfeit shillings (produced) from Mr. Ferris.
Prisoner. Q. When you took us into custody had we not shoemakers' tools with us? A. Yes—you told me you were going to work.
COURT. Q. Did he bring three witnesses up at the Lambeth police-court to say that he was at work then? A. He called three witnesses to prove that he was going to Worthing; that he had had a letter to go there for employment—the Magistrate heard what they said, and committed the prisoner for trial after hearing it.
Prisoner's Defence. I was going to London-bridge railway-station, and I received some money to pay my fare down to Worthing; that was the money I had found on me; all good money. I was too late for the train; and I went into this public-house with my friend; I asked him what he would have to drink, and he said a drop of beer; he paid for it himself We went out afterwards, and had some dinner, and afterwards we went back, and my friend had some gin, and then I said it was getting time for us to go to the train, and we went.
GUILTY .— Confined Nine Months.
MESSRS. W. J. PAYNE and POLAND conducted the Prosecution.
the prisoner came for a quartern loaf—the price was 7 1/2 d.—he gave me le.—I gave him change, and he went away—I put the shilling into a drawer—there was no other shilling there, or any silver at all—I gave that shilling to my little boy next morning to go and buy some loaves at Mrs. Lambert's, the baker's—he brought it back, and I saw it was bad—I called my husband, and showed it to him—I then put it in the fire, and it melted—on 15th February, the prisoner came again—I recollected him—he asked for a quartern loaf, and gave me a shilling in payment—I put it in my mouth, and found it was bad—I had not given him the change—I called my husband, and he told the prisoner he ought to be ashamed of himself—I said, "This is a bad shilling, and you have brought me one before"—he denied that, and said he did not know this one was bad—my husband broke it in pieces, and I put the pieces in a drawer, and afterwards gave them to a constable—the prisoner went away—I next saw him when he was in custody—I was asked to go and see whether he was the man who gave me the bad money, and I did so.
JAMES THOMAS . I am nine years old next month—on 29th January my mother gave me a shilling to go to Mrs. Lambert's, who keeps a baker's shop in the Triangle, to get some rolls—I gave the shilling to her, and she gave it back to me—I took it back, and gave it to my mother—I did not lose sight of it when I offered it to Mrs. Lambert.
WILLIAM DRAY . I am a baker at Southampton-place, Camberwell—sometime in January last my niece called me into my shop, and I found the prisoner there—my niece showed me a shilling, and said she took it in payment for a loaf from the prisoner—the prisoner said he did not know it was bad—I broke the shilling, but kept" the pieces, and afterward gave them to the constable—I am sure he is the man.
JOHN PEOWRIE . My father is a grocer, at Martha-street, Camberwell—sometime at the end of January the prisoner came—I cannot say positively whether it was Tuesday or Wednesday—I served him with a quartern loaf, and other articles, amounting to about 10d.—he gave me a shilling, I tried it, found it was bad, and returned it to him—he then gave me a good sixpence, and took about half the articles—I next saw him on 3d March, in custody—I am positive he is the man—I knew him before, and had seen him about the neighbourhood.
Prisoner. Q. Had I not dealt for some time at your shop? A. I don't know; all I know is that you have come in with coppers and asked for a shilling for them once or twice.
JAMES HAM (Policeman, P 320). I took the prisoner on 3d March—I told him the charge was for passing a bad shilling to Mr. Peowrie—he denied it—I took him to his own house, 30, Cork-street, Camberwell—I left him in charge of another constable while I fetched Mrs. Thomas to see if she could recognise him—I told the prisoner that Mrs. Thomas had come to see him—she came in and said, "That is the man"—he first denied he was the man, but afterwards said, "I went to Mrs. Thomas's to fetch some things, but I was not aware that it was a bad shilling"—Mrs. Thomas gave me some pieces of a shilling, and I also got some from Mr. Dray.
Prisoner's Defence. I am innocent. The shilling I gave at the chandler's shop I did not know was bad. I have got Mr. Whaley here, whom I have worked for the last 7 or 8 years.
The prisoner received a good character.
NOT GUILTY .
MESSRS. W. J. PAYNE and POLAND conducted the Prosecution.
ELLEN ROOKE . I am the wife of George Rooke, who keeps the India Arms public-house, at Rotherhithe—about 20 minutes past 5 on the evening of 22d February, the prisoner came for a glass of ale—I served him, and he gave me a bad shilling—I told him it was bad, and he said he did not know it—I went to the door, called my husband, gave the shilling to him, and he marked it across the head—I did not lose sight of it—he gave the prisoner in charge with the shilling—the prisoner offered to pay me with a good sixpence, but I did not take it—this is the shilling (produced).
Prisoner. Q. Did you mark it before you went to the door? A. No; there was nobody behind the bar besides me—our bar has got a little gate to it—I did not come out of that—you did not try to get out—the policeman found sixpence upon you.
MR. POLAND. Q. How long was it after you called your husband that he came? A. About two minutes.
JOSEPH KEMP (Policeman, M 281). The prisoner was given into my custody at the India Arms, for passing a bad shilling—I said to him, "You have been passing bad money in Rotherhithe-street, at a public-house"—he said he had not been in that street—I searched him at the India Arms, and found a good sixpence on him—on the way to the police-station, I took him past the King and Queen public-house in Rotherhithe-street—I stopped there, and Mr. Burton, the landlord, came to the door and said, "That is the man that passed a bad shilling to me"—the prisoner said he had not been there.
Prisoner. Q. As you were taking me to the station from Mrs. Rooke's house, her husband came with us to book the charge, did he not? A. Yes; he was before us when we got to the King and Queen—he stopped at the door; he did not go in—you did not go in; I held you by the arm—I called to Mr. Burton, and asked him if you were the man who tendered him a bad shilling, and he said, "Yes"—Mr. Burton's name was mentioned at the station—it was put on the charge-sheet that you had been to Mr. Burton's, and passed a bad shilling—you walked quietly.
WILLIAM THOMAS BURTON . I am the landlord of the King and Queen public-house—on 27th February, about 5 o'clock in the afternoon, the prisoner came for some refreshment—he put a shilling on the counter—I saw it was bad, and said, "This is very soft, have you not got a better one? have you got any more in your pocket?"—he said, "Oh, is it a bad one?" and reached forward to take it off the counter, but I took it up, bit it, and doubled it with my teeth—my house is about a quarter of a mile from Mrs. Rooke's—about three-quarters of an hour afterwards, a constable brought him to my door—I walked round the counter to the door and said in his hearing that he was the same man who had come into my house about 5 o'clock—I let the man go after he gave me the shilling, and two of my customers who heard the conversation, gave information to the police, and they came for a description of him—the bad shilling the prisoner gave me was lost.
Prisoner. Q. Did you not say you were not exactly sure I was the man? A. No; I said before the Magistrate that you were the man—I did not go till I was summoned—I thought it was no use as I had not got the shilling—when you put your cap on I did not say that you looked a different-looking man—I said you were the man—the policeman came to my house during the time you were remanded.
MR. PAYNE. Q. You did not go up till you were summoned by the Mint authorities? A. No—when I first saw the prisoner after that, he had no
cap on, and towards the end of the examination he was told to put his cap on, and then I said he was the man.
Prisoner's Defence. I had half-a-crown on the previous night, and got 1s. in change, and went the next day to Mr. Rooke's house. I did not know it was bad. When the landlord of the King and Queen came before the Magistrate, the clerk told me to put my cap on. I did so, and he said, "He is a different sort of man." The Magistrate then said, "If you could swear to him when he was brought to the door, you can now;" and he said, "Well, I think he is the man;" and I was committed on that evidence. I could easily have got out of Mrs. Rooke's bar if I had liked; any guilty man would have got away, but I had my conscience clear. I was not in the King and Queen public-house at all.
GUILTY .— Confined Six Months.
MESSRS. W. J. PAYNE and POLAND conducted the Prosecution.
THOMAS CHASMER . I am a bootmaker of 68, Wesson-street, Bermondsey—on Saturday, 2d March, the prisoner came there and asked me what I charged for heeling and clumping Wellington boots—I told him 4s.—he said he wanted them done in a very great hurry—I told him I could not do them that night, and he said, "To-morrow?"—I said, "I do not work on a Sunday"—he asked me when I could do them and I said not before Tuesday, at dinner-time, if ho would let me have them by Monday—he then said, "To make sure I will not disappoint you in bringing the boots I will give you a shilling on account"—he gave me a florin, and I gave him 1s. change—it was either George the 4th or 6th—he then said, "Now, I have got to give you 2s. when you have done the job"—I said, "No, you have to give me 3s."—he said, "I have made a mistake; I am very sorry, but I really cannot afford it; if you return me my 2s. piece back again, I will give you your shilling," and I immediately gave him the 2s. piece, and received, as I supposed, my own shilling back again—I put the shilling he gave me aside; he left shortly afterwards—about a quarter of an hour after he was gone, I looked at the shilling and found it was bad—it was a Victoria one—I put it on one side, and afterwards, when he was apprehended, gave it to the police-constable.
Prisoner. Q. Have you never seen a man like me before? A. Not exactly—I know it was you.
JANE TARRANT . I am the wife of Thomas Tarrant, a shoemaker, at Brook-street, Bermondsey—on Friday, 8th March, between 5 and 6, the prisoner came—I opened the door to him—he asked what we would clump and heel a pair of Wellington boots for—my husband told him 3s. 6d.—he said he would send them in half an hour, and said he would pay 1a on them, and they were to be done on the Saturday morning—he gave me half-a-crown, and I gave him a shilling and six-pennyworth of coppers—he then asked how much he had to pay, and my husband told him 2s. 6d.—he then said he thought they were to be half-a-crown—my husband told him he could not do them for that, and told me to give him the half-crown back, and have my change—I gave him the half-crown, and he gave me a shilling and six penny-worth of coppers—he placed the money in my hand, and I put it in my pocket without looking at it—after he had gone about three-quarters of an hour, I discovered that the shilling was bad—I had no more in my pocket but what he gave me—I had no other shilling there—after he gave me the money back, he stood at the room door and said he would send the boots in an
hour, and we were to do them as cheap as we could—he never sent—I took the shilling he had given me to the station, marked it, and left it with the inspector—I saw him on the Saturday fortnight following—I followed him from Bermondsey New-road into Long-lane, and gave him in custody.
Prisoner. Q. What is it you swear to me by? A. Your countenance—I looked in your face hard all the time you were speaking to my husband—he is not here—he is the only one who was in the shop.
ISAAC STACEY . I am a shoemaker, of Russell-street, Bermondsey—on 14th March, the prisoner came and asked me how much I would sole and heel his boots for—I said, "Three shillings"—he gave me a 2s. piece, and said, "I will leave a shilling to make sure of the job"—then he turned round, and said, "I shall have to give you a shilling when the boots is done"—I said, "No, two shillings"—I then gave him the 2s. piece back, and he gave me a shilling—I put it in my pocket—I had no other shilling there—I kept it in my pocket till 10 o'clock—I then gave it to my wife to go on an errand—she brought it back to me bent—I threw it in the fire the next day, and it melted.
Prisoner. Q. Am I the man that gave you the 2s. piece? A. I cannot swear positively, for I did not take particular notice of you, but I have not the least doubt you are—my mother was present—when I saw you at the station-house, I said that you were not the man; I could not swear you were the man.
SARAH STACEY . I wag present on 14th March, when the prisoner came to my son's house about heeling some shoes—I saw him give my son a 2s. piece—he afterwards had that back again, and gave my son a shilling in change.
Prisoner. Q. When you saw me at the police-station, when you were asked if the man was there, did not you say, "No, there is none of them there," until the constable stopped you, and said, "Look again!" A. No—I can swear to you now by your countenance, voice, and the colour of your hair.
ELIZABETH STACEY . I am the wife of Isaac Stacey—on the night of 14th March, my husband gave me what I believed to be a shilling—I offered it in payment for some things that I went out to buy—I did not lose sight of it—it was returned to me as bad—I took it home to my husband—he put it in the fire, and it melted.
JOHN BASTON (Policeman, M 74). On 23d March, Mrs. Tarrant gave the prisoner in my custody—I searched him, and found a good florin on him—I produce two counterfeit shillings, one of which I received from Mr. Chasmer, and one from Mrs. Tarrant.
Prisoner's Defence. Do you think, if I wanted a pair of boots done, that I should take my boots and want to pay some money besides? Would not my boots be security enough? I am not taken in the act of passing bad money, neither is bad money found on me.
GUILTY .— Confined Nine Months.
MR. O. B. C. HARRISON conducted the Prosecution.
MR. SERJEANT BALLANTINE for Groves, and Mr. Ribton for Bowyer, stated that they could not struggle with the facts of (he case, and that the prisoners would withdraw their pleas.
The prisoners having then, in the hearing of the Jury, pleaded guilty, the Jury found a verdict against both the prisoners of
GUILTY.—Recommended to Mercy by the Prosecutor. — Confined Three Months each.
The following should have appeared among the KENT CASES.
Before Mr. Recorder.
MR. PLATT conducted the Prosecution.
MARGARET MURRAY . I am servant at Park-lodge, Sydenham—on Thursday, 13th March, about half-past 12 in the day, I was sitting at the kitchen window in front of the house at work—the prisoner came up the garden to the window—she had a basket with some small mats in it, which she asked me to buy—I said, "No"—she stopped at the window for some time, and said, "Will you have your fortune told I"—I said, "No"—she said she would tell me a great many things—I asked her how much it was, and she said sixpence—I opened the window—she asked if I had a sixpence—I took out of my pocket three half-crowns—she said, "I can give you change, but hold that in your hand"—she then said, "Allow me to cross your hand with this silver," and she took up the three half-crowns and crossed my hand with them, and then commenced saying some words—she mentioned four letters, a "J," a "W," an "L," and an S, "I think, and asked which would I have?—I said I would have a "J"—she asked if it was for James or John—I said, "For John"—she said, "Well, that is true"—she put the silver in my hand, and then took it out a second time, and said, "You must lend me this for half an hour"—I said I would do no such thing—she said, "You must for a quarter of an hour"—I said I would not—she said, "You must for ten minutes, or what you propose will not come true"—she then hastened away from the window—I got up and went through the house into the garden, but she was gone—I saw no more of her till she was brought back by the policeman, in about half an hour—I am sure she is the same woman—I had plenty of time to see her features—I identified her at once—there was a little child selling mats next door when I went out to look after her, and she was kept till the policeman came.
Cross-examined by MR. LILLEY. Q. When the woman came up to the window, she kneeled down, did she not? A. She stooped down—my master and mistress were out—she continued talking to me after I opened the window—my attention was directed to my hand being crossed, and what she was doing—I knew the time, for I had a watch in the kitchen—she came close to the window—it might have been about three-quarters of an hour before the constable brought her back—I have seen other women come up to the window, but not a woman of her sort—I gave a description of her to the constable.
RICHARD EDWARDS (Policeman, R 425).? I received information from the last witness, in consequence of which I went in pursuit and met the prisoner at Sydenham-park, nearly half a mile from the house—I told her that I believed, by a description that I had received from a servant-girl, that she was the person who had been telling a fortune to her, and had taken three half-crowns from her, and she must go back to the girl to see if she was the person—she denied being the person, and went back with me—she had a basket in her hand with three mats in it, and some food—she was searched,
and 1s. 7 1/2 d. was found upon her—when I first saw the prosecutrix I saw a child with her—that child was taken to the station, and when she saw the prisoner she called her mother, and the prisoner answered her—the prisoner wore a dirty straw bonnet, a light cotton dress, and a dirty light shawl.
Cross-examined. Q. Did not you say that the woman so little answered the description given by the prosecutrix that you would not have known her? A. I should not have known her by the description of the basket; that was all—she described the person and dress.
GUILTY .— Confined Four Months.
ADJOURNED TO MONDAY, MAY 6TH, 1861.