CENTRAL CRIMINAL COURT
CUBITT, MAYOR—SECOND MAYORALTY.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSION I. TO SESSION VI.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 25th, 1861, and following days.
BEFORE the Right Hon. WILLIAM CUBITT , Lord Mayor of the City of London; Sir George Bramwell, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Barnard Byles, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir James Duke, Bart., M.P.; Thomas Sidney, Esq. M.P.; Sir Francis Graham Moon, Bart., F.S.A.; and John Carter, Esq., F.A.S., and F.R.A.S, Aldermen of the said City; Russell Gurney, Esq., Q.C. Recorder of the said city; Warren Stormes Hale, Esq.; Benjamin Samuel Phillips, Esq.; John Joseph Mechi, Esq.; James Abbiss, 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.
The following Prisoners, upon whom the Sentence of the Court was respited at the time of Trial, have since been sentenced as under:
Vol. Iv. Page Sentence.
CENTRAL CRIMINAL COURT.
CUBITT, MAYOR. SECOND MAYORALTY.
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.
OLD COURT.—Monday, November 25th, 1861.
Before Mr. Recorder.
LONDON AND MIDDLESEX CASES.
MESSRS. SLEIGH and LAWRENCE conducted the Prosecution.
REV. THOMAS GREGORY . I am a clergyman living at Weston Lodge Groveend, St John's-wood—on Monday, 12th August, I went to the London-bridge terminus of the South-Eastern railway—it was after 10 o'clock when I got there—I had a large black leather bag with me—it was one like this (produced)—it had no mark on it whatever—I gave a police-constable the key of that bag when be afterwards came to my house, I cannot say the date—after getting my ticket I took my bag to the place where the luggage is labeled, and requested the porter to put the usual mark upon it—I left it with the porter and went away for a minute or two, and when I returned my bag was gone, and this other bag (produced) was left in its place—my bag was quite full; this appeared to have nothing in it, comparatively—I had not packed my bag myself, my daughter's maid packed it for me—this coat and pair of trousers and boots (produced) are mine, and were in my bag—I can also swear positively to these slippers and these collars—this note paper has my monogram and crest on it—this Church Service has my writing in it—the contents of the bag were worth about 17l.—I cannot speak to the bag; it is similar to the one I had.
Prisoner. Q. Before this charge had you known anything dishonourable of me? A. I have not seen you for many years, only once I think during the last ten years; but I could not suppose for a moment that you or any clergy man would be guilty of such a thing—I cannot form any notion of the weight of the bag—I was going out to spend a few days and it contained all sorts of things—my bag had one canvas division in the centre, and so has this; but I really cannot say anything about the bag—it strikes, me it is like my bag, more I cannot say.
WILLIAM HARRIS . I am an officer in the employment of the London, Chatham, and Dover Railway, at the Victoria-station—on 23d August I took the prisoner into custody at that station, and took from him a bag which I believe to be the one produced—I can't be exactly positive of it—I gave it up to Parish.
Prisoner. Q. Did you not find everything correct that I told you as to my lodging and everything else? A. Yes; perfectly correct.
CHARLOTTE GREASBY . I am a servant in the employ of Mr. Gregory—I packed a bag for him on Monday, 12th August—I am in the habit of packing his bag for him when he goes out—this coat, trousers, and boots are part of the things I put into the bag—this is exactly like the bag—it had no division, only a pocket like his—to the best of my belief this is the bag—it is exactly like it—the collars, the slippers, and the Church Service, I put in the bag.
Prisoner. Q. Was there a canvas division to the bag independent of the pocket? A. No—I have been in the habit of packing the bag for three years.
HARRIET YOUNG . I am the daughter of Mrs. Young, of 12, Staffordplace—the prisoner lodged there—I remember his coming home on 12th August with a bag—it was like this, about the same size—he asked me to carry it upstairs for him—I said I could not—it appeared very heavy—it seemed full.
Prisoner. My reason for asking her to carry it upstairs was because I had been ill for some time, and was crippled in my hands and feet. Witness. He said he had the rheumatics, and it was very awkward for him to carry it up.
ANN CAVENDISH . I live at 35, Hendon-street, with my sister—I am not married—I have been in the habit of letting lodgings—I know the prisoner—in August last he was indebted to me a sum of money—on 14th August he brought some clothes and gave them to me to dispose of—these produced are the articles—I saw a man at the door give them to Mr. Holloway out of a blue bag, and he brought them to me, and said he had bought them of him—I did not see him buy them—I saw him give the Jew some money, but I do not know what it was—he brought them upstairs to me, and then from my place he took them over to his lodging; and next morning he brought them over to me and told me that I could have them, for he had bought them for a gentleman and they were too large for him, and if I liked to have them I could, and dispose of them in which way I liked—I took them to a Jew's to sell them; but he offered me so small a sum that I took them to a pawnbroker's, Mr. Chapman's, in the Queen's-road, Pimlico, and there pledged them for 25s.—the prisoner had not been in the habit of buying things from persons at the door in this way—I have known him eight years, and never knew him do anything wrong—I have never said anything before to-day about seeing him buy these things at the door—I never was asked the question, or any question, only about pledging the clothes.
Prisoner. Q. What day used I to pay you? A. Mostly on Monday; sometimes on Tuesday—I went to the lodging on a Thursday—the week would not be owing until the Thursday.
COURT. Q. Was he lodging with you at this time? A. No; he was lodging opposite—he used to board with me.
Prisoner. Q. Did not I mention to you some days previously that I was going to buy some things for a gentleman? A. You did say so, and that they would not fit him—you said that at the time you brought the things to me—you said the gentleman wanted money, he did not wish for clothes—you did not tell me to pawn them—I told you I had sold them for 1l. 5s.—you said you gave a considerable deal more for them—I showed you the ticket—you said you had a great horror of doing this thing, and you would not look at the ticket—the man at the door took the things out of a blue bag—this black bag is yours; I have known you to have it for some time; I cannot say how long—I recollect on Monday, the 12th, your putting a great many papers into it—you said you were going out of town—when you left me you said you were going home to your lodging.
MR. SLEIGH Q. How long have you known the prisoner? A. Eight years—I have known him in different places besides London—he was a lodger of mine in the country; not at Croydon—we lodged in the same house at Croydon—I knew him when I was living at Deptford—I can't say whether I saw this bag lying on the table at the police-court—I saw several bags—my attention was not in any way called to this bag—I saw it produced, and heard Mr. Gregory say he could not positively swear to it—I did not then say anything about having seen it in the prisoner's possession—I was never asked.
COURT. Q. How do you know that bag to be the bag which the prisoner has had? A. I feel confident of it, it is so much like the shape of the bag—there is no particular mark upon it; I never noticed a mark—I often saw the inside of it—I have packed it for him when he went away—I have not looked at it now—I have been speaking from the outside—the prisoner's bag was quite plain inside, with a little side pocket—I do not remember anything about the inside pocket—(looking at the bag) this is it.
WILLIAM CRISP YERRILL . I am assistant to Mr. Chapman, a pawnbroker, in Queen's-road, Pimlico—on 14th August the witness Cavendish pawned this coat, trousers, and boots produced, with me for 1l. 5s.—I have the ticket here.
COURT to ANN CAVENDISH. Q. On what day of the week was it you pawned these things? A. On the Tuesday I think; I cannot remember—as near as I can guess, I saw them in the prisoner's possession two or three days before he brought them to me; but I cannot remember—I saw a person hand them to him, and he paid some money to the person—I really cannot remember how long that was before I pawned them—I cannot remember the day of the week that he brought them to me—he took them over to his lodging the day he bought them; and then, next morning, he brought them to me openly over his arm, and I think, if I am not mistaken, I had them in the house some days, it may have been two or three days, but I cannot tell how long—there was nothing more besides the coat, trousers, and boots—when he brought them in he laid them on the couch and said he had just bought them.
GEORGE TAIT . I am a porter in the employ of the South-Eastern Railway Company, at the Loudon-bridge terminus—I remember on a Monday in August Mr. Gregory coming to the station at a little past 11 o'clock; he had a black bag with him—it was very much like this—I could not swear to it—it was only about a second in my possession—it was left in my charge—I was labeling some baggage dose by, and my back was turned, and when Mr. Gregory came to me again he asked me for the bag, and I turned and saw it was gone, and this other bag left in its place—Mr. Gregory's bag was full—the bag that was left in its place was in much the same state
that it is now—I cannot say that I saw the prisoner at the station that day—I hare seen him two or three times.
Prisoner. Q. How long have you been with the Railway Company? A. About eleven years—I can't say how often I have seen you; but several times—there is a good deal of difference between the appearance of the two bags when you come to look at them.
ALLAN D. GILLMORE . I am a constable at the Waterloo-station of the South-Western Railway Company—on Monday, 19th August, I saw the prisoner in the first-class waiting-room at Waterloo, between 7 and 8 o'clock.
Prisoner. Q. Are you certain you saw me between 7 and 8? A. I am.
MR. SLEIGH. Q. After he was gone did you find a bag? A. No; I saw inspector Bent find it on a stool—this is it (produced) that was found after 8 o'clock; five or ten minutes after I had seen the prisoner there.
COURT. Q. Do you know whether or not that bag was there before the prisoner came in? A. I do not.
THOMAS BERT . I am an inspector of police at the South Western Railway station—in consequence of some information that was given to me I looked about the waiting-room and found this bag on a seat outside the office; not in the waiting-room—on opening this bag I found in it the property which has been produced, with Mr. Gregory's name upon it—the articles were subsequently shown to Mr. Gregory at the Police-court—the bag was found about three yards from the waiting-room, close to the door—there were no trains arriving or departing at the time; they were waiting for the mail train at half-past 8, and there was a train at five minutes past 8.
CHARLIES GREENSTREET ADDISON . I am a barrister—this bag is my property—I lost it the first Monday in August at the Victoria Station—I see my initials plainly on the bag; they have been rubbed out, but have since appeared again.
ROBERT BEGBIE . I am an East India merchant—I was at the Waterloo station as a passenger on the evening of the 19th August—I arrived at the station about five minutes before—I had with me one of Mechi's bags—I missed it—I looked for it with the porter everywhere but could not find it—I think it was between 8 o'clock and twenty-five minutes past—a small common leather bag for carrying papers in was left in lieu of my bag, and that was claimed by somebody immediately afterwards.
The prisoner in a long defence, after complaining of the length of time he had been in custody and the treatment received by him in the House of Detention, stated that he should be able to prove that the bag claimed by the prosecutor was his own, and that he had had it for eleven years; that he had only been at the London Bridge station on two occasions since October, 1860, and those were on 19th or 20th July last, and previously, to see the remains of the great fire: that on being taken into custody he had given his correct name and address, which he should not have done had he been guilty, and that the state of his health was such as to render him physically incapable of carrying away the bag alleged to be stolen.
WILLIAM HOLMES . I have known the prisoner about six years—from what I knew of him while he was a resident in my house, I could not suppose he would be guilty of the acts he is charged with; he bore a very good character—he has resided with me at intervals during the last six years—I have known him up to March last; that was the last time he left my house—I have frequently seen him since he left my house—as far as my knowledge of him goes he has borne that character up to the present time—I have not seen the bag—(looking at it)—I should scarcely like to swear to
this bag; the size is similar to Mr. Holloway's bag, which I have packed several times—it had no partition in it; it had a pocket like this; but bags are so much alike I could not swear to it—it is exactly similar to the bag that I have packed for him five or six times—his bag was a little torn at the hinge; I perceive this is mended—the tear was more in the lining than the leather—he had the bag in my house from the first time I knew him; that would be six years—I remember his coming to my house in January, 1860; he was then in a very infirm state of health—I should think he remained in that state for three or four months before Dr. Fuller saw him—he very seldom went out—he remained with me after Dr. Fuller came, until September, principally confined to his room—he very seldom went out, and only for very short intervals—he returned to my house on 3d January, 1861—he was very unwell at that time, and during the time that he then remained with me he was principally confined to his room—his eyes were bad and his hands also, and I had to write a great many letters for him because he could not see—he remained with me until the 13th or 14th March—I have seen him occasionally walk about the room with an I umbrella and stick—I remember his losing the use of his hands during the time he was with me—I should say he was incapable of carrying anything or walking away with anything, but he partially recovered before he left me; and he went out on one or two occasions before he left me, but even then he was not able to carry any of his luggage down the stairs, I took it all down for him to the cab, and went with it to the George and Blue Boar, Holborn—I saw him many times while he was there, and I have met him at Storey's Gate, once or twice by appointment—he was then apparently very infirm in the bands and feet when he walked—from knowing him infirmities and from his character, I really could not suppose him capable of doing what is laid to his charge; I was astounded when I heard it.
Cross-examined by MR. LAWRENCE. Q. Where do you reside? A. 3, New-street, Dorset-square—that was where the prisoner lodged with me—the last time he left my house was in March, but I have seen him since then at the George and Blue Boar and at Storey's-gate—I am a bookseller—I have a shop—I was not at the Police-court when the examination took place—one of the detectives came to my house and acquainted me with the fact that the prisoner was in the House of Detention; that was the firs I heard of this charge—I believe I was at the Police-court the second time he was examined—I have packed a bag like this several times for him—I can't say any particular time; when he left my house on various occasions I packed it for him—he always requested me to do it; he considered that I was more capable of packing it than he was—the last time I packed it was a day or two previous to his leaving my house in March, 1861.
ANN CAVENDISH (re-called). I recollect the 19th of August—the prisoner was at home on that day; he was very ill on the sofa and could not move; he had a dreadful pain in the limbs—he said he had occasion to go to the Bank on the Monday, and he was so ill he should defer it till the Tuesday, and he did not go out that day—I know it was the 19th August that he was so ill, because I went down and spoke to my landlady that day in regard of some rent.
Cross-examined. Q. Where was it that he was at home all day on the 19th? A. At my place; he came over from his lodging about half-past 8 or 9 to breakfast—he was very ill when he came over, and he did not leave the place again—he was not lodging in the same house with me; he came to breakfast with me—he staid till half-past 10 or 11 o'clock at night—I think he never went out that day—he used to stay the whole of the day at
my place—when he used to come in the morning he never used to leave the room till he went over to his lodging in the evening.
Q. Will you undertake to swear that he was in your lodging at 5 o'clock that evening, pray be cautious? A. I think he was; I feel confident of it—I can't say for certain; be has been at born so many days.
GUILTY on Second Count.
MR. SLEIGH conducted the Prosecution.
CHARLES GREENSTREET ADDISON . I am a member of the bar, and reside in Alfred-place, Thurlow-square—on Monday, 5th August, I was at the Pimlico terminus for the purpose of proceeding on the Croydon line, between 9 and 10 in the morning—I had with me a portmanteau produced)—there were no porters there, and I took it in my hand—I arrived there before the pigeou-hole, at which the tickets are taken, was opened, and I placed my portmanteau on the bench, and walked up and down until the place was opened—whilst I was walking up and down I observed that an elderly person came and sat down on the bench, leaning with his back against my portmanteau, and I observed that once or twice, as I walked up and down, he appeared to be watching me, and he moved as if to see whether I was coming to take the portmanteau, evidently endeavouring to ascertain whether I was the owner of it—when the pigeon-hole was opened 1 wept and got my ticket, and then turned towards the door to see if any friends of mine were going by the train—on turning back I went to the bench and found that my portmanteau was gone—I then went on to the platform and communicated with some porter or policeman—I told him what had occurred, and a search was made about the station, and in a short time the witness, Mrs. Healy, came up to me and made a statement—my portmanteau contained a dress coat and other things—I was going to the Croydon Assizes—it was not looked—my initials were on it—I see them now—they have been painted out but have made their appearance since—it cost me 12l. or 13l. to renew the things I lost—these collars have my name on them.
Prisoner. Q. Can you take on yourself to state that it was me you saw? A. No; I have not said so—I did not observe the person so as to be able to speak to him.
ELIZABETH HEALY . I live at 2, Rutland-terrace, Pimlico—on Monday morning, 5th August, I was at the Victoria station—I saw a portmanteau there, and I saw an old gentleman—I was sitting on the corner of the bench, opposite where they take the tickets for the Crystal Palace, and the old gentleman was on my left-hand aide, on the same Beat—it was outside the waiting-room—I saw him take up the portmanteau and walk out as if he was going to the train—it was a portmanteau very like this—it was about a quarter to 11 o'clock, I think, as nearly as I can recollect—the prisoner was the old gentleman I saw take the portmanteau—I am sure of him—I made a communication to the porter when the owner of the portmanteau came up and made inquiries, and described what I had seen.
COURT. Q. Was the portmanteau taken from the place where you saw Mr. Addison come to look for it? A. Yes, just that very spot—it was all momentarily done—as I sat down, the old gentleman was in the act of rising—I think there was a train just going to the Crystal Palace—he took it from the corner of a seat—it was quite close to where he was.
Prisoner. Q. When do you say this occurred? A. On 5th August—I said before the Magistrate that I did not know the day, but I have since ound out that it was 5th August—I cannot tell when it was that I next saw you—it was when I was called on to go to Westminster to identify you; I do not remember the day—I know it to be the 5th August, because my landlady had a child died that morning—if I had seen you between 5th August and the 30th, I should have known you—I think it was three or four weeks afterwards that I saw you—I did not have any conversation with any policeman before I identified you—a policeman came to leave the paper for me to appear, but I was not at home, and he left it with my landlady—I think you carried the bag in your left hand, but I did not take that particular notice—I am sure it was you—I caught a clear glance of your face—the sun was shining full on you—I said I thought you were between fifty and sixty years of age—of course I could not judge a person's age momentarily—it was all done in two minutes—it was not your stature that I noticed, it was your face—I did not say when you stood at the bar that I considered it was a much shorter man than you.
MR. SLEIGH Q. Have you any doubt whatever that the prisoner is the person you saw take the portmanteau? A. No, I have no doubt.
COURT. Q. Were you sent for to the police-office in order to identify him? A. Tea; I saw him in the Court at the bar, not with other persons—I was asked if that was the man that took the portmanteau, and I said "Yes"—I did not exactly know at that time that he was the person charged with it, but I knew that was the business I was there upon.
Prisoner. Q. Was I not pointed out to you by some person as you came into court? A. No; I knew no person in court; they were all strangers to me.
GEORGE TAIT . I am a porter at the South Eastern Railway, London-bridge—I remember a gentleman coming to that station with a black leather bag about the middle of August—I did not remember the day when I was at the police-court, but it was on the 12th August—I put it down in a book at home—the gentleman gave me a carpet bag to look after while he went round the corner, and when he returned the bag was gone, and this one was put in its place—I tried to find an owner for it—I went to every carriage in the train, first, second, and third class, and looked underneath the seats, but could not see any bag corresponding with the one that was lost—I took this bag to the station-master, and then to the lost property office—I could not say that I saw the prisoner at the station that day—I have seen him there two or three times, but I cannot be sure when it was.
Prisoner. Q. What time was the bag left there? A. A little past 11; I should say from a quarter to twenty minutes past.
JOHN SANDERS HOLLOWAY . I am a clerk in the lost-property office at the South Eastern Railway—I remember a portmanteau being brought to me in August by the last witness—it was on 12th August—it was deposited in my charge—there is a register label on it in my writing—it remained in my care till 31st August; I then handed it to Carpenter—it was then in the same state as when it was delivered to me.
Prisoner. Q. How long have you been at that station? A. Near upon five years—I cannot say that I have seen you there—I have nothing to do with the passengers—I am employed in the office.
JOHN CARPENTER . I am superintendent of the Brighton Railway Police—I received from the last witness the portmanteau now produced—it is now in the same state as when he gave it to me—it contains the same articles—
those articles were produced to Mr. Addison in my presence, and he identified them, and also the portmantean.
Prisoner. Q. You took all my papers from me; have you got the testimonial or the subscription list with respect to the hospital of St. Cross? A. I have not; I believe it is here—I delivered it over to our solicitors by the Magistrate's order—they gave a copy to your solicitor—I told the Magistrate it was necessary I should detain. it—I believed that I should have brought forward some cases against you in consequence of it, and I could have done so—I have seen you at the Victoria station on several occasions within the last year—I stated that I had seen you on several occasions in waiting rooms on different occasions at a table, having a bag open with a large number of papers and documents—I saw you on two different occasions at the South Eastern Railway at a table looking at documents, and once at the Victoria station—I cannot fix the dates, except the date of seeing you at the Victoria-station, and that was 10th August—I have known you for several years—I have seen you repeatedly for the last three years at the different railway-stations—the last time I saw you at the London-bridge station was about the latter end of July, or the beginning of August.
Prisoner's Defence. I had a witness here who could have proved a complete. alibi as far as 5th August is concerned, but she has left. I was at the Shakespeare Hotel that day at ten minutes past 10 o'clock. I went from there to Mr. Benjamin Bond Cabbell’s, in Chapel-street, Edgeware-road, respecting the amalgamation of a new hospital with that of St. Cross; that gentleman gave me a cheque for 5l., on Scott's house, towards the expense I had been at with respect to St Cross' Hospital I went and purchased a stock of a person in the Edgeware-road, and tendered the cheque there; he did not know Mr. Cabbell, and therefore said he would send the stock I had purchased to the Shakespeare Hotel. He did so, and I came back and paid him; as he has left I have it not in my power to prove this, or I could have proved that by no possibility could I have been at the station at the time stated. I stayed at the hotel from ten minutes past 10 until about ten minutes pact 11, and never went from there. I was extremely lame at the time, and when I came out he assisted me out of the cab into the hotel He could also depose to my general infirmity since April.
GUILTY .—There were three other indictments against the prisoner. Confined Eighteen Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Four Years' Penal Servitude.
The prosecutor stated the amount of the prisoner's defalcations to be 310l.
MR. F. H. LEWIS conducted the Prosecution.
WILLIAM CLARK . I live at 39, Giffard-street, Kingsland-road—I am clerk and manager to Mr. John Jacobs, of Fiusbury-place, South—he advances money on loan—I recollect this proposal coming, I think about 10th September—I afterwards saw the prisoner upon it—I think he came the office on 17th September—I asked him his name and likewise the (name of his security; he said, a Jabez Goody n—he came with a party who he represented as Jabez Goody—a clerk wrote out the guarantee, and I myself gate him the money—I had not seen Jabez Goody before; I had made inquiry about him—the prisoner had previously been there and said that Mr. Goody could not come up then, but he would on the Thursday evening—the prisoner was the applicant for the loan—he signed this paper in my presence—I made inquiries as to Good's responsibility at 17 1/2 Clarence-street, Waterloo-town, Bethnal Green—I afterwards communicated to the prisoner that I had made inquiries about Goody; that was before I paid him the money—I cannot tell the date—the next time I saw him was on 17th, about half-past 8 o'clock in the evening—he then had the other person with him—I asked the prisoner his own name—he said, "George Hart"—I then asked the name of his security, and he said, "John Goody"—he pointed out the man with him as Jabez Goody—I then asked the clerk to make out the guarantee and the I.O.U., and after it was signed, I paid him the money—this is the guarantee (produced)—it is signed "J. Goody" this was signed by the party who the prisoner brought, in his presence—I paid the prisoner 3l. 10s.—the money was to be lent at ten per cent, to repaid in instalments of 2s. a week-8s. was deducted for interest, and 2s. for book, rules and guarantee.
Prisoner. Q. When I took you the form, in consequence of some delay on your part in inquiring, did not Mr. Goody call at your office to know the cause of your delay? A. Yes; I think he did—I mean the real Mr. Goody—I might have told him that the money could be obtained on the Tuesday night following—I cannot tax my memory whether I had then been to his house—I did go to his house, and saw his wife—I was satisfied from what she said that Mr. Goody had left word that he would be your security—I am sure you represented the party you brought on 17th to be Mr. Goody—Mr. Goody did not sign any paper the day he called—I believe you repaid two weeks money, 4s. and 7d., fine—I did not receive any letter from you after that, stating that you were ill and would call and pay the money—Mr. Jacobs told me that you had called on the Monday to pay the money, and that he had refused it—you called on the Tuesday and were given in charge.
JABEZ GOODY . I live at 17 1/2, Clarence-street, Anglesea-street, Waterlootown, Bethnal-green—I know the prisoner—he came to ask me to become his security—I should say that was four months before 10th September—I would not swear to the date—it was either the latter end of June, or the beginning of July—I told him I had already been surety for a loan and had been sued in the county court for the arrears, and I did not think any office would take my security, and I should not like to go up and offer myself and be rejected—I neither said that I would or that I would not—the name of J. Goody on this guarrantee is not my writing—I did not authorize anybody to sign my name—the prisoner called on me at my place of business about a fortnight after the loan was obtained—he
told me he had got the money—I said, "What money?"—he said, "The loan w—I said, "How did you get it?"—he said he had taken a person to represent himself to be me and to sign my name, and he did not think there was any harm in it, and I do not think that he did know there was any particular harm in it at the time—I told him that I should never acknowledge the signature, and he must take the responsibility on his own shoulders, and that if I was applied to I should decided say it was not my guarantee, and that it was a false signature.
Prisoner. Q. When I first asked you to be my security, did not you promise that you would if they would accept you? A. No; I did not promise you—I did not know that you were going to take in the form of application—when I came home one day I found that a person had called, and I went up to the office that night—I believe I saw Mr. Clark—I told him my name was Goody—he said he was busy, and to let it stand over till the Thursday—this was on Tuesday—I asked him what application you had made, and he said, "To the amount of 4l"—I said, "Do not let him have it until you see" again—you did not tell me, about a fortnight afterwards, that you were going to take the form in that night, nor did I promise to go to the office with you—I did not ask you to wait another week that I might have my house in better order when they called to make the inquiry—I did not tell you that I had, got a fire-glass and a carpet in pledge, and that I was going to get them out that week, and the place would look in better order when they called—I never had a fire-glass, and never had snob a thing in pledge.
CHARLES BAKER . I am a detective officer of the City—I was called to 3, Finsbury-place, South, and took the prisoner into custody—he wished to make some statement; I said, "You are not forted to make any statement without you please; whatever you do may be given in evidence against you—he said he was Tory sorry for what he had done; he did not know there was any harm in it; that he had got a person from a public-house opposite, to sign the name of Jabez Goody—I asked him if be knew the man—he said he was a stranger to him—he had never seen him before in this life—(The guarantee was here put in and read).
Prisoner's Defence. If I have done wrong in this matter, I have done it entirely in ignorance; when I applied to Mr. Goody to become my security, he gave me a positive answer that he would do so; I told him I was going to apply for 4l. In consequence of some delay I called once or twice to know whether they had been there to make inquiry, and he said they had not; be thought they were a set of swindlers. He promised to go with me and get the money; I made two payments and was then taken ill I sent a letter stating the reason. I called on the Monday and they refused to take the money, saying the matter had gone too far, and I was to call on the Tuesday. I went on the Tuesday, and they then gave me into custody. I did not do it with the slightest intention of defrauding. Mr. Jacobs.
GUILTY .—Recommended to mercy by the Jury and prosecutor.— Confined Six Months.
SARAH MULLENS . I live at 14, Pye-street, Westminster—I have been living with the prisoner as his wife for twelve months—I left him in consequence of going to the hospital for an accident I met with at Charing Cross—I came out a week before this occurred—I saw the prisoner when I came
out—he promised to meet me at half-past 8 o'clock on the evening in question—I neglected to meet him—I met with a friend and got drinking—I was rather intoxicated, and I went home to go to bed—somebody who lodged in the house knocked at the door and asked for a light—that was about half-past 1 or 2 o'clock, I think, but I cannot say exactly—my room is the back parlour—I thought I heard the prisoner's footsteps, and I said, "Here is Jim coming, come in"—I thought be would strike me, seeing me drinking with this man—the man had a bottle of gin in his pocket—I said to him, "Come in," and blew the candle out—I had been drinking with him from half-past 8 in the evening, till that time—it was the same person that knocked at the door for the light—I told him to come in and fasten the door—the prisoner asked me to open it—I did not take any notice—he said, "Sarah; I know you are indoors; if you don't open it, I'll burst it open"—he did burst it open, and ran over to the fire-place, and took up something and struck me in the arm—he also struck me on my head—I cannot tell whether I struck him or not—I ran away as well as I could—I did not see any knife—there was a short-bladed knife in the room which I had used in having my supper—I cannot say whether I left that on the bed, or where it was—I was taken to the infirmary.
Prisoner. Q. When I knocked at the door, was not the man in bed with I you? A. Yes; he was—I was in my chemise—you had cautioned me against that man that very morning, and told me to have nothing to say to him—the man said that if you put your head inside the door he would open it with the poker—I cannot say whether I struck you—I was frightened that you would beat me, but I do not know what happened after you struck me—you said to me, "Is this what you mean?" and then struck me with something from the fire-place—I told you that I had been drinking with this man all night, and that he had paid the landlord a week's rent for me, and that I had got drunk with him.
JOHN LAVIES . I am surgeon of St. Margaret's workhouse—I saw the prosecutrix there on the Thursday afternoon—she was exceedingly exhausted, apparently from loss of blood—she had a wound on the left side of her head—it had been bound up by the medical man at the hospital, and I did not disturb it that day; she also had a wound about an inch and a half in length on the right arm, and a small wound on the left arm, also a very large graze on the left arm as if from a fight; and she was bruised considerably about the back and lower part of the person—the wound on the arm was an incised wound, and that on the ear also—it must have been done by some sharp instrument—after she had been in the hospital two or three days she lost a very large quantity of blood from the lower part of her person—that was partly the result of the bruising—the incised wound was not a deep wound, nor that on the ear either—part of the ear was cut completely through.
MARY ANN MULLENS . I am the prosecutrix's sister—about a quarter-past 3 o'clock on this morning, the prisoner knocked at my door and said he wanted to speak to me—he told me he had been home, that my sister was at home, and that there was somebody there that had a poker in his hand, and he wrenched the poker out of his hand—I asked if he had struck her with it—he said, "You will see her to-morrow morning, and she is a perfect object."
Q. Did not I say she would have something to show you, tat I could not help it after finding out what I did? A. Yes; you said you had found her in bed with one of the lodgers—you did not say you had beat her for it.
JAMES WHITE (Policeman, B 45). I was near Pye-street on this night—I saw the prosecutrix come out of the house with nothing on but her chemise, bleeding from a wound in her arm—I took her to the hospital—they did not consider the case bad enough for her to remain there—I advised her to go home, but she would not for fear of the prisoner—I then took her to the workhouse—she became very ill there—I apprehended the prisoner three days afterwards in Union-street, Borough—he was concealed under a bed—I told him to come out, and said I was a constable, and wanted him on a charge of cutting and wounding—he said, "I did not stab her, but I knocked her about, and I am b----sorry I did not give her more."
Prisoner. Q. Did not I say I was sorry I did not catch the man and give him more? A. No; you said nothing about the man.
The prisoner in his defence, stated that the man had threatened him with the poker, and that he wrenched it out of hit hand and beat the prosecutrix, and threw her on the bed, but did not use any knife.
GUILTY.—Of unlawfully wounding.— Confined Twelve Months.
9. EBENEZER PRICE JONES (35) , Unlawfully obtaining goods on credit within three months of his bankruptcy, under the false colour and pretence of dealing in the ordinary course of trade; also, for removing, concealing, and embezzling certain quantities of goods with intent to defraud his creditors; also, for concealing certain books relating to his personal estate, with a like intent; to which he
PLEADED GUILTY .— Judgment respited.
There were two other indictments for not surrendering to the Court of Bankruptcy, upon which MR. SLEIGH, for the Prosecution, offered no evidence.
10. EDWARD MALANDER (38) , Stealing 10 gas burners and 15 gas branches, the property of Francis Wyatt Truscott and others, and afterwards burglariously breaking out of the said dwelling-house; to which he
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY — Confined Eighteen Months.
PLEADED GUILTY .**— Four Years' Penal Servitude.
NEW COURT.—Monday, November 25th, 1861.
PRESENT—Mr. Ald. CARTER; Mr. Ald. MECHI; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MESSRS. SLEIGH and KEMP conducted the Prosecution.
JOHN WILLIAM CORTY . I am in the employ of Phillips and Company, lightermen—on Saturday week I took the barge Star to the ship Ellen, and moored her off the Custom-house Quay—I took 655 pigs of lead from the
Ellen and put them into the Star—I stowed them in fives; they were thirteen rows high, with fifty in each, and. five over—I dropped her down fifty or sixty yards, to where we moon our craft, and went ashore a very little after five, leaving no one on the barge—I returned to the barge at ten minutes or a quarter past five, with George Burke and Vorley—I saw man on the pile of lead, and the moment he saw me he sprang over into his boat—I ran forward and said, "Hollo! what do you want?"—he said, "I have got nothing! I have got nothing!"—I sprang into the barge, and missed three pigs off the foremost pile against the bulk—head—I sang out, "Police"—I saw one man in the skiff and another in the barge—I believe the prisoners are the men.
Cross-examined by MR. RIBTON. Q. Was there anybody with you when on counted the pigs? A. No; but I had to sign the mate's book for it—he is not here—he delivered them to me, and the tide surveyor is supposed to count them—I had been apprenticed to a lighterman, named Cannaway, two years or better—there are no books here; my signature is enough—it took me about three hours and a half to load the pigs—I cannot make a mistake in the number, because I put them five each way and ten high, that is fifty—I have never made a mistake in counting lead or anything else that I am aware of—if I make a mistake I must pay for it, and that makes me careful—there were five over, which were stowed by themselves.
MR. KEMP. Q. Were the piles all the same height? A. Yes—when I delivered them two were deficient.
GEORGE BURKE . I am in the service of Messrs. Phillips and Company—on the evening of last Saturday week I went with Wyatt, Corty, and Vorley to the Ellen—when we got there I saw the prisoner Bean on the gunwale of the barge, and Johnson in their boat—Bean was easing a pig of lead down to Johnson—I jumped out of our boat on to the barge gunwale, walked on the cabin top, and shouted out, "Police"—no police were near—I said to my companions, "Stop them, Charley"—the prisoners could hear what I said—my companions rowed after them, and Wyatt got hold of a bit of rope attached to their boat and turned it, and we made the best of our way to the shore—when they had got hold of the rope I heard one of the prisoners say to the other, "Throw them overboard," and Bean immediately did so—Johnson, who was rowing, got up from his sculls and assisted in throwing the lead overboard—I saw the lead, and saw and heard the splash—it was thrown overboard from the prisoner's boat.
Cross-examined by MR. RIBTON. Q. How far were you from the boat they were in, when you first saw anything of them? A. I should say it was as far or a little farther than from me to that door. (About thirty-five yards)—that was when I saw the lead being thrown over—there was a heavy splash in the water—it was between 5 and 6 o'clock—when I saw the man standing on the gunwale of the barge I was about five or six yards from the boat—I am sure it was Bean who was on the gunwale—I do not know that some of the other witnesses say it was Johnson—I heard the witnesses at the police-court, but I did not hear them say that—I knew Bean before—a pig of lead weighs very nearly a hundredweight—directly he gave the pig of lead to Johnson I said, "Holloa, there!" and he jumped into the boat and shoved away from the barge, and then they went off—I could swear that there were two pigs of lead thrown into the water—I cannot say what depth the river is there, but it is further out than low water mark—it is off the Custom-house Quay, a tidy bit below London-bridge—attempts have been made to pick the lead up—they have not been found—the police boat has searched several
times—they began to search on the same evening—the lead could not have floated away.
MR. KEMP. Q. Is the river very muddy there? A. There is a great deal of dirt and muck—when I first saw the man on the gunwale, our boat was on the other side of the barge, alongside of it.
CHARLES WYATT . On the evening of last Saturday week, I accompanied Burke, Vorley, and Corty to the Ellen—I saw Bean handing a pig of lead to Johnson over the barge—Bean was on the gunwale of the barge—Johnson was in their skiff on the other side of the barge—when I saw them put the lead into the barge I let our boat drift astern and caught hold of their boat, and then Bean hit me on the head with one of the sculls—I caught hold of a piece of rope in their boat and made it fast to our boat, and one of our men towed them ashore; while doing so I beard the prisoners say, "Let's throw them overboard;" and then I saw them throw two pigs of lead overboard—I was then about two or three yards from them in our skiff, and they were in theirs—the boats were then tied together—I am quite sure they are the men—I knew them before by sight.
Cross-examined by MR. RIBTON. Q. Were you with Burke? A. Yes; in the boat—he got aboard the barge, and I stopped in the boat—I saw the man on the gunwale of the barge, handing the pig of lead over—there was no one but Bean and Johnson in their boat—the man that rowed them ashore had not got in.
GEORGE THOMAS VORLEY . On the evening of last Saturday week I went with Carter, Burke, and Wyatt in a boat to the Ellen—when I got to the barge I saw the two prisoners in their skiff—I cannot say what they were doing; my eyes were not on them—they were trying to row away from us—our boat was then fastened to their's—I did not hear either of them say anything—I saw Johnson heave the lead overboard—the other was sitting on the foremost thwart, he had been pulling—he ceased pulling—I was close to them when the lead was thrown overboard; sufficiently close to see what it was.
Cross-examined by MR. GMTT. Q. What time was this? A. Between 5 and 6 o'clock—it was dark—I sat on the fore thwart of our boat, facing their boat; about as far as I am from you now—I had no light, but we could make them out; it was not so dark as all that—I could see at that distance in the dark—I saw Johnson ease the lead overboard—if a thing is of any size I could see it at that distance in the dark—it has not been found since that I am aware of—I should think it would not move down the river—two were thrown over.
MR. KEMP. Q. How much do the pigs weigh? A. Some are one hundredweight and a half, some one hundredweight and three-quarters.
WILLIAM BATHO . I am foreman to Messrs. Kitter and Marshall, of Roodane—between 5 and 6 o'clock on Saturday evening I was at Costom-house Quay—I saw the prisoners—one was in a boat, an a the other one stepped out of a boat into a decked barge—I do not know the name of the barge—I saw Johnson making his escape—he said, "I am not going away; I thought somebody was overboard—I went and looked at him in the boat—he said, "Let us stow the boat, she belongs to a poor man; we don't want to detain the boat"—he said nothing more to me; nothing about knowing where to find them—they were not rowing the boat then—they had come on shore, by two hands towing them—I gave them in custody—there were two others with them—I did not allow them to go were they wished—they stepped into the boat, and, instead of taking them where they wanted to go, I rowed them
to the police—the ship Ellen was my master's; the Star was hired—the property was not my master's; it was a merchant's—I did not count the pigs of lead when they were taken out, nor was I present when they were counted—a pig of lead is about eighteen inches long and four or five inches broad, round at the top—to the best of my belief the value of a pig is about 30s.
Cross-examined by MR. GENT. Q. Are these pigs very large? A. No; they would make a splash if thrown into the water—a pig weighs under a hundredweight—a man could easily lift one with two hands—it was a very dark night—it was between 5 and 6 o'clock—they said they thought there was a row, and that there was some one overboard.
JURY to JOHN WILLIAM CORTY. Q. Was the barge between the two boats? A. Yes; when I returned to the Star, our boat was inside and their's outside—the barge was about three feet above the water, but the witnesses could see what was going on on the other side of her, because our boat was a foot above the water.
BEAN was further charged with having been before convicted in October, 1850; to which he
PLEADED GUILTY.— Confined Nine Months each.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Nine Months.
MR. HORRY conducted the Prosecution.
THOMAS MORGAN . I am a civil engineer of 4, Lothbury—I have employed the prisoner as a porter—on Wednesday, 6th November, about 12 o'clock, I employed him to remove some property to Moorgate-street, among which there was twenty-four dozen files—I paid him for his day's-work, and on the next day I missed four dozen of the files—I returned to the office in Lothbury, and found two dozen in a desk where they ought not to have been—I had not placed them there—I afterwards saw the prisoner and said, "Where are the two dozen files?" holding the other two dozen in my hand—he said, I know nothing of them—I gave him in custody—they are worth 1l. 13s.
Cross-examined by MR. POLAND. Q. Were you moving all your property? A. Yes—there was no confusion, the prisoner did it all—he was engaged to do it as quick as he could, and it took him about an hour and a half—I was in and out during the time—I had no persons in my employment—the prisoner hung the key up in a neighbour's office, when we were in and out—I saw him when he had done; my friend paid him—my friend did not assist in the removal; he is not here—I did not pay the prisoner myself, because I had not agreed to pay him—after the removal was over, the place at Lothbury was locked up, and the key was left in the next door office, which was always locked up, and nobody could get in; there was always a man at the top of the stairs—I had employed the prisoner four or five times before, and always found him honest—he has formerly been in the Army—
I supposed him to belong to the Society of Commissionaires—I was present before the Magistrate when the prisoner made a statement, on the day after he was given in custody—he said that he had left the files at a baker's shop—he did not say that he went back to the shop and got the files, and then found that the office was shut—he said that he left them at the baker's shop, and we should perhaps find them there—they were produced at that time before the Magistrate.
MR. HORRY. Q. Were the files in the desk part of the property he had to remove? A. Yes; but they were not in that desk.
RICHARD SMITH , (City-policeman, 133). On the afternoon of November 7th, the prisoner was given into my custody, charged with stealing two dozen files—when Mr. Morgan accused him, he said, "I know nothing about it"—I took him to the station—I asked him where he lived, he said, 5, Alfred-place, Kent-road—I went there and found that there were four number fives, and that he did not live at either of them—I returned and told him I could not find it—he said, "You will find it No. 5, Alfred-street, Park-road, Peckham"—the one place is a long distance from the other—I went to 5, Alfred-street, Park-road, Peckham, to a room on the ground floor, and his wife brought me one dozen files, fastened up as they are now (produced)—I got eight other files from a shelf in the cupboard.
Cross-examined. Q. Was the place where you found the files about thirty yards from the Old Kent-road? A. Much more than that, some eight or nine minutes walk; not near Camberwell—I do not know anything of the Kent-road—I do not know that Park-road runs out of the Old Kent-road into Peckham—I could not find the place, and the prisoner gave me a more specific direction—I mean that it is eight or nine minutes walk from Alfred-street, Kent-road, to Alfred-street, Peckham—I do not know that part, though I know my way to it—the prisoner said that he had left the files at a baker's shop, but did not say that he afterwards got them from there, but could not deliver them as the office was closed; but his wife said so, and that when he left home in the morning he forgot to take them with him—he wears two medals on his breast—I did not take them away—I took some pawnbroker's tickets, but found nothing against him—I was in uniform—the prisoner did not tell me before I went to the lodging that I, should find the things there—he did not tell me that I might go and search; but I told him I should do so—it was after that he gave me the right address—he told me that they were at the baker's shop in Coleman-street, and I went there and found he had left some there and taken them away again.
The prisoner's statement before the Magistrate was here read as follows: "Your Worship, I am as innocent as you are of the charge."
NOT GUILTY .
OLD COURT.—Tuesday, November 26th, 1861.
Before Mr. Recorder.
17. ROBERT WATSON (61) , Stealing 1 cape, value 15s. the property of Joseph Bennett; I coat, the property of Edward Isaac Blumenthal; I coat, the property of Augustus Windham; and 1 coat, the property of William George Dunsford; having been before convicted of felony; to which he
PLEADED GUILTY .**— Four Years' Penal Servitude ,
MR. ORRIDGE conducted the Prosecution.
CHARLES EDWARD THOMAS . I am an oil merchant in Barking church-yard—the prisoner was in my employment as an errand boy, and was employed about the shop—on 28th October, I left town for a few days—in a drawer behind the counter I left, among other things, a 10l. note and a 5l. note—this is the 5l. note (produced)—I know it by my signature—on my return on 1st November, I found both the notes missing—from inquiries I made I found that a 5l. note had been changed at Mr. Bentley's, a neighbours—immediately I missed the notes I spoke to the prisoner, and he disowned all knowledge of them—he said he knew nothing about it; he had never seen any note; what good were the notes to him; he could not change them—I then told him that he must know something of them, for no one else would hare gone to the drawer to take them out—the drawer was unlocked—it was a goods drawer behind the counter—it is not likely any one would go to it unless they had seen me place the money away; which the prisoner did, some fortnight before—he disowned all knowledge until the next day, Saturday—I then asked him to tell me what he bad done with the notes—he said he bad never seen the notes; what good were they to him—I challenged him with it three or four times; at last he owned that he had changed the 5l. note at Mr. Bentley's—I then asked him what he had done with the money—he said he bad given it to a sailor to mind—I said that tale would not do—he then made two or threerother statements, that he had bought a purse and put the money into it, and had lost it on Tower-hill—at last he acknowledged that 4l. 10s. was hid in the cellar at his own house—I went there with him, and found four sovereigns and two halves on a beam in the cellar—I then asked if he had buried the 10l. note there—he said, no he had not seen it—I gave him until the Monday to tell me where the note was, and he then said, "The dog brought the note down to me in the cellar, and I burnt it over the gas"—he then said he had hid it in the dust-hole, and after we had half-emptied that, he said he did not know anything of the note at all—I gave him into custody—the 10l. note has not been found.
Prisoner. He did not tell me anything at all about the 10l. note, only the 5l. Witness. I told him I had lost two notes, and asked him to account for them, feeling sure that no one else could have taken them—there was no one else there but him and my wife—the notes were wrapped up together.
JOHN BENTLEY . I am a cheesemonger, and live at 35, Great Tower-street—I know the prisoner by his living at Mr. Thomas's—on 31st October, he brought me this 5l. note, and asked if I would oblige Mr. Thomas with change—I gave him 2l. 10s. in gold, and 2l. 10s. in silver—I paid the note into Messrs. Hankey's on the Saturday following.
Prisoner. You gave me four sovereigns and two halves, you did not give me any silver. Witness. I am sure I gave him silver.
Prisoner's Defence. On the Thursday morning as I was sweeping the shop out, I found a piece of paper; I did not know what it was. My mistress told
me to make haste and sweep behind the counter, and she must have gone to the drawer and taken the 5l. note out and put it on the floor to see if I was a thief; I put it in my pocket, and when my mistress sent me for some butter, I asked Mr. Bentley to give me change, and I put the money down in the cellar, so that if Mr. Thomas had asked me anything about it I should have given it to him; if not, I should have kept it; he asked me about the 5l. note, but never said a word about the 10l. note until the Saturday; he then said, "Are you going to deliver me up that 10l. note"I said I did not know anything about a 10l. note; I told him about the 5l. note, and took him to the cellar and gave him the money.
GUILTY .—Recommended to mercy by the Jury in consequence of the loose manner in which the prosecutor kept his money. Judgment Respited.
JOHN WILLIAMS . I live at 13, Swan-lane, Upper Thames-street—on Saturday, 3d November, a little after 12 o'clock, I was walking down Swan-lane, I did not see the prisoner—I heard a person come behind me, and she pat her left arm round my neck, and put her right-hand into my pocket, without any previous conversation—she took my port-monnaie with one sovereign, three half-sovereigns, a fourpenny piece, and a threepenny piece—it was the prisoner—she then walked away—I did not know she had taken my purse at that time—I walked to my door and then found I had lost my purse I instantly followed her to the top of Swan-lane, and gave her in the custody of a policeman—she was taken to the station and searched—this is my purse (produced).
Prisoner. Q. Did not you commence talking to me when you came out of the public-house, and say if I came down the steps with you, you would give me something to drink? A. No; I had not seen you before—I did not give you a fourpenny piece, and say that was all I had—you did not pick up the purse, and I claim it as mine—I never claimed my puree till the Inspector showed it to me.
ANN ALFORD . I am searcher of female prisoners at Bow-lane police-station—the prisoner was brought there on this Saturday night—I took her to the searching-room, and she pulled out a purse from her bosom, which contained one sovereign, three half-sovereigns, a fourpenny piece, and a threepenny piece; I also found on her, three other purses, a pair of scissors, a knife, another fourpenny piece, 3 1/2 d. in copper, and a pair of spectacles.
THOMAS EAVES (City-policeman, 465). The prosecutor gave the prisoner into my charge for stealing his purse—the prisoner said all the money she had got about her was 3 1/4 d. GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months.
MR. SERJEANT BALLANTINE with MR. TINDAL ATKIKINSON conducted the Prosecution.
WILLIAM HATCHY SPROULE . I am chief clerk in the booking-office of the Eastern Counties Railway Company—in February, 1860, the prisoner was in the employment of the Eastern Counties Company—his duties were to count the money at the different stations.
MR. METCALFE. Q. Was there any written agreement with him? A. I do not know; I never saw any.
MR. ATKINSON. Q. Was it also a portion of his duty, when monies were collected, to take them to the bank? A. Yes; the money was sent up from the various stations in cash-boxes—I was a party to sending the money to the bank when it was ready—on 15th February, 1860, the prisoner brought a statement in writing, naming the various coins, in cheques, notes, gold, silver, &c.—that statement contains an account of the monies, the subject of this indictment—it is in his handwriting—it relates to a sum of money which he had in his hands to convey to the bank—the money I had was added to that, and a statement was made out of the total sum I entrusted him with—this (produced) is it; it is in my handwriting; it is 2,510l. 16s. 9d.—it consisted of cheques, 1,263l. 6s. 8d. notes, 165l.; gold, 733l. 10s.; and silver, 349l. 0s. 1d.; total, 2,510l. 16s. 9d.—when the book was made up, it was handed to the prisoner with the money—I can state of my own knowledge that that was done on 15th February—he then left—he never returned after that—I am not aware whether any search was made for the book—it was found upon his desk under some papers, I think the same afternoon—when the book went to the bank it was the duty of the bank clork to initial it as being correct.
Cross-examined by MR. METCALFE. Q. Where do you get the items to enter in this book? A. From this rough book—I call this little book the banker's receipt-book—I make entries in the rough-book—I got the items partly from the cheques I received myself, and the other part from the Statements you have in your hand—the money the prisoner had to take to the bank consisted not only of what he had received at the different stations, but also what I had received at the principal station—I make up the aggregate, and enter it into the book and pay it over to him—I keep separate in this rough-book what I receive and what he receives; you will see there a large sum of 1,200l. I think, and a smaller sum of 15l. underneath, that is the quantity received by Lumby; and then on the left-hand you will perceive the letters C, and S, C being the notes received by me, and 8 the notes received by the prisoner, and both added together will be the total amount of notes sent, entered in the banker's book—you can trace each entry from that book, I think—1,247l. in cheques was received by me that day; under that is the notes received by me and him added together, and then the gold and silver—the word "stations" means the cheques received by him—this is all in my handwriting—I do not know whether I made a mistake originally in adding up this amount—it is merely a rough-book, not an official book—there appear to be some alterations—I copy from this into the little book that the prisoner takes to the bank—I do not receive the actual coin that he brings—I do not count it at all—the banker counts it—no one on the prisoner's behalf, except himself would count it—the amounts coming from the different stations would be counted by the station masters, and checked by the prisoner, so that I can ascertain whether this does properly represent the amounts received from the different stations that day—this 1,133l., 17s. 3d. is the aggregate of the money received by him from the different stations that day—I could, by inquiry, ascertain whether he has given a correct account of the money received by him; but that is not my province—I can scarcely say how many stations are included in that account—it represents nearly all the stations, except the banking stations, such as Norwich and Cambridge, and large stations of that sort; they pay direct to the local banks—the district stations round Cambridge
do not pay to the Cambridge bank, they send up to us—the prisoner had to check all those sums—each box is checked at the station, and then checked again by the prisoner—they should be counted over by him—it comes up in small parcels, and must be counted by him before it goes to the bank—we have a sort of invoice or note sent up from each station—it is the duty of the prisoner to check the amount with the ticket so sent up—he had other duties to perform also; he had to obtain money from the bank in order to send to the different stations to pay salaries and wages—that would come to a good deal—he had to go down to Stratford—he had about 3,000l. a week to pay there—he had to obtain the money in gold and silver and pay it himself—I believe there are about 1,500 men employed there—he had also to attend at the Brick-lane station every fortnight, and pay the wages there—there are about 700 men there—that would come to about 1,200l. a week—the result of all the business would be that about 20,000l. a week would be passing through his bands—he had to keep account of all the sums he paid and received—he had the pay lists signed or checked off as having been paid—if he made a mistake he would lose the money—if he paid a man too much, or accidentally gave him a sovereign instead of a shilling, he would be the loser; or if he took any bad coin at any of the stations—it was his duty to examine every bit of coin that came into his hands—I recollect one of the clerks at Brick-lane being deficient in his cash; he overpaid, I think, about 5l.—I may occasionally have made mistakes in my calculations; we are all liable to mistakes—this book is manly a rough book, and must check itself before the banker's book is made up, because the two sums added together must make one total; and if we make a mistake in detail it comes out—nobody checks that book, it it merely a rough book.
Q. How do you find out mistakes? A. I have a total say of 1,000l., and the prisoner 500l., that ought to make 1,500l. if it is 1,510l. I go through it again—a mistake of that sort must be detected—if I carried out the mistake in the other book, then the banker would check the amount—if I made a mistake in the rough book, and carried out the mistake in the little book, the prisoner would not be the loser.
COURT. Q. Does he see that you are right before be goes to the banker's with the book? A. Yes.
MR. METCALFE. Q. When? A. At the time; and he also sees the money that I make up—the cheques are called over to him by me—he counts over the money that I give to him—I make the entry from the ticket that he gives me—that ticket is not checked by anybody—I make an entry from the ticket, and he goes to the bank with his money and mine—after I have made out the aggregate in my rough book, the prisoner makes out a ticket for the bank in the way that anybody that has a banker makes it out; so many cheques, so much gold, and so much silver—the prisoner makes it out after I have made out the aggregate in my rough book—he makes out in my presence what is called the banker's docket.
Q. Do you or any of the clerks change money before it goes to the bank, supposing you want change for a 50l. or 100l. note, do you put in the note and take out the gold? A. No; it is handed to the prisoner to cash, the same as you would to any other person—I never take it myself, I hand it to the prisoner—it has never been done when the money has been made up or after the book has been made up; it cannot be done—I am quite sure that has not been done cither by me or anybody in the office—gold has never been given in change for notes after the money-bags have been made
up, or silver—I never recollect on any occasion that being done—none of the directors could have sent for change and change been given out of those bags after the money had been made up for the bank, and entered in that book—before the money is made up for the bank an alteration may take place, but after it is made up no alteration ever takes place—I never recollect such a thing being done while we were making up the money—to the best of my knowledge it has never been done while the prisoner has been counting his money—no doubt change has frequently been given before it has been made up in bulk—it is not usual to change 100l. in silver for 100l. in gold—it—is generally change of a note or cheque—we generally provide from the bank a sufficient quantity of silver to pay the wages—change for a cheque or a note has been given, but no other change has been necessary—it has never been done in the prisoner's absence to my knowledge—I was cashier at that time—I am now in the booking office; that is not so responsible a position as cashier—I went from the the booking office to the cashier's and then went back to the booking-office—the clerks are required to insure in the Guarantee Society, not every one of them—I do not—I am an exception—I give security—I believe it is now compulsory upon all the clerks to insure in the Guarantee Society.
MR. SERJEANT BALLANTINE. Q. How often does it occur that this transaction of taking money to the bank takes place? A. Daily, in the afternoon—when I was the head cashier it would be the prisoner's duty to come and bring his documents and whatever money he had collected—the whole had to be taken to the bank—before that was done the prisoner separated the money into the different divisions, in my presence, or during the time I was in the office—it was part of my duty to take his statement and to enter it in the book; and then the ticket was given in accordance with it—I had 50l. salary as chief cashier—he was under me—he had 160l.—I never knew him complain of having received a false note, or of having had to make up any money deficiency—he never appeared again after that day, when he went to the bankers—it would have been his duty to come back to the office again, and he did not.
MR. METCALFE. Q. About that time was there a station-master at Blackwell who was accused by the company of being abort in his accounts? A. Somewhere about that time—I think it was at that time—he was a station-master who had to remit a portion of these very monies.
MR. SERJEANT BALLANTINE. Q. But as I understand whether the station-master at Blackwall or anywhere else had been guilty of defalcations it was the-money brought into your office that had to be accounted for to the banker? A. Yes; and that only.
EDWARD JOHN LITTLETON . In February last I was cashier at the Union Bank, the Eastern Counties Railway Company bank at that establishment—I know the prisoner; he was in the daily habit of bringing money to the bank for the Railway Company—he also brought a book with him which we call the banker's receipt-book—I have not the books necessary to refresh my memory from the bank—I do not recollect his coming on 15th February—it is so long ago that I do not remember the particular day—my initials are not to the entry in this book on 15th February—they are on every day about that time, with that exception, in relation to the sums of money received from the Company—there are several entries after that day, the next day—I can tell you how much money the prisoner brought in on 15th February, on reference to that book; otherwise it is a question of memory with me.
COURT. Q. Is there any entry of yours in that book? A. I have made a marginal note on the next day.
MR. METCALFE. Q. When did you make that note? A. Next day when the book was brought to me to sign, not when the prisoner brought the money.
MR. SERJEANT BALLANTINE. Q. Do you recollect the prisoner bringing the book the following day? A. No, he did not come, and I then made a memorandum—I am able to say on looking at that memorandum how much money the prisoner brought on the preceding day.
COURT. Q. Did you at that time remember the exact amount he had brought? A. I referred to my books; finding a deficiency of 100l. by referring to my books and to the docket, I could tell the amount he brought to me—I had no other means—I presume the books are at the bank; they are not in my custody—I did not make an entry in the pass book of the money I received—that was done by another party.
The Court was of opinion that in the absence of the books, there was no case to go to the Jury.
NOT GUILTY .
22. ALGERNON SIDNEY LUMBY was again indicted for embezzling and stealing the sums of 23l. 15s. on 28th January, and 28l. 10s., on 11th February, received on account of the Eastern Counties Railway Company, his masters.
MR. SERJEANT BALLANTINE and MR. TINDAL ATKIKSON conducted the Prosecution.
JOHN CHARLES PHIPPS . I am cashier at the Brick-lane goods station of the Eastern Counties Railway—I have been cashier there for upwards of six years—I know the prisoner—in February 1860, he was in the service of the Company—his duty was to receive monies at the cashier's office at the Bishopsgate station—on 28th January, I paid some monies to the prisoner—I produce his receipt for the amount paid that day—(Read: "Eastern Counties Railway, received from J. C. Phipps, on account of Brick-lane station, Friday, January 28th, five cheques, 17l. 12s. 9d., gold, 1l. 10s., silver, 101l. 10s., copper, 5l. 5s. total 175l. 17s. 9d., signed, A. Lumby")—that was the amount of the remittance from that station—I have another receipt of 11th February—(This being read, was for 219l. 18s. 6d. signed, A. Lumby.
Cross-examined by MR. METCALFE. Q. Although they appear to be paid on Friday, were they not paid by you on the Saturday? A. Yes; I personally paid the money and received the receipt myself—the prisoner counted all the money when he took it, except the silver—I am not certain whether he counted the silver at the time—the coppers would be done up in 5s. packets—I am not aware whether there was any loose copper—I made up the money myself, counted it all, and placed it in the bags myself—the prisoner had to pay the wages at the Brick-lane station every fortnight, on the Friday or Saturday—I am not sure whether the 11th and 27th were days on which he paid the wages—I do not recollect—he had to pay a great deal of silver away when he paid the wages—I do not recollect the amount he had to pay—it was several hundred pounds—I have sometimes reserved the silver for him at his request, to deliver to him when he came down to Brick-lane to pay the wages, and have got his receipt for the whole amount—I do not know that on those occasions the silver was entered in this book instead of the account book—I have not got the wages account book here—I have nothing to do with it—I have frequently reserved the silver for him on pay days—I am not positive whether I did so or not on these two particular days—I myself took up a ticket of the actual amount I sent to the station—if the
ticket was produced, it would show the actual amount that was paid into prisoner's hands—I do not know where that ticket is.
MR. SERJEANT BALLANTINE. Q. It would be in the possession of the prisoner, would it not? A. I left it with him—this is the receipt he gave me—I leave a copy of it with the money—it was at the cashier's office at the Bishopsgate-station that I paid him over these two sums of money—it would be some time in the forenoon—I have known him to come down to Brick-lane to pay the wages about one or two o'clock—I cannot say exactly the hour at which he received these sums of money from me; as near as I can recollect it would be about 11 or 12—I did not pay him over the money the purpose of the wages—I believe he got it from the cashier at Shoreditch—the silver was given to him in a bag—I believe it was his duty to ascertain that the amount was correct—as I said before, he did not always count the silver in my presence, but he did the notes, the gold, and the cheques—I have no doubt whatever that the silver I handed over to him on these occasions, was as much as be gave me the receipt for.
COURT. Q. You said that at his request you sometimes reserved the silver for him? A. Yes; he did not give me anything in lies of it, when I reserved it—if it was the day for paying the wages he has said to me,"Phipps, I shall require your silver at Brick-lane, so you need not trouble to bring it up"—that was with a view to change it for gold as I understood him—he gave me the receipt in this case the same day, at Bishopsgate, before he received the silver, and in the event of their being anything wrong, it would be made right afterwards—he gave me the receipt for what I said was the amount of the silver, the bag being labeled according to the amount on the receipt—he did not receive it at that time—he received it when he came down to Brick-lane—at the time he gave me the receipt, he had no means of ascertaining whether my account was correct or not so, far as the silver was concerned; he gave me the receipt assuming my account to be correct—after that he came down to Brick-lane, and then he compared the amount of silver with the account—I labeled the bag with the same amount as was represented on the receipt, and I carefully counted it over beforehand.
WILLIAM HATCHY SPROULE . It was the prisoner's duty to receive money from the different stations, including Brick-lane—having received the monies from the Brick-lane station, it would be his duty to enter the amount in a book called the "Stations remittance book"—this is it (produced)—on Saturday, 28th January, he entered, as having received from the Brick-lane station, 152l. 2s. 9d.—I find entered under the head of 10th February, 308l. 10s. 8d., and 191l. 8s. 5d.—the 308l. 10s. 8d. is from another account—the 191l. 8s. 5d. is the Brick-lane amount—it was not his duty to enter in any other book—the books of the company were not made up from this book—a statement was made from this book—it was the foundation of all the accounts, and the amounts entered in that book, are the only amounts claimed at the hands of the prisoner.
COURT. Q. Does that account show in what coin it was? A. The total shows only the total, not the different divisions at that particular station.
MR. SERJEANT BALLANTINE. Q. Assuming a deficiency on the first day of 23l. 15s., and on the second day of 28l. 10s., has he accounted for either of them? A. No.
Cross-examined. Q. Not to you? A. No; he had to pay the wages at Brick-lane station, but he received a cheque—I have not the cheque that he received on either of those days—he had to pay wages to a large amount at Brick-lane—Saturday was pay day; it was every fortnight, every other
Saturday—I do not know whether the 28th of January was a pay day at Brick-lane—I cannot tell whether 11th February was pay-day—I do not know anything of the silver or a portion of it being retained at Brick-lane station in order to pay the wages—I know that it was so—if that was done, the prisoner gave a receipt for the whole amount without seeing the silver, and then went and paid it away in wages—there was a wages book kept at Brick-lane—I do not think I should be able to tell from the wages book how much he received from the bank and how much from Brick-lane to pay the wages—if he entered in the station's remittance book he would be responsible for so much being paid into the bank.
COURT. Q. Did he receive a less amount in consequence of the silver being retained for wages? A. That I cannot say.
MR. METCALFE. Q. Did not he, to your knowledge, receive a smaller amount, that is an amount, minus the silver at Brick-lane, to pay the wages with? A. But he would have credit for that sum in the cheque that he would receive to get cashed—he received the whole amount from the bank that he had to pay the wages with—he received at the bank the proper amount to pay the wages with, minus the silver he was to receive at Brick-lane; but then he took the wages down that much less—I cannot say how much he received—he would not enter so much less in the remittance book—he must enter the total remittance in the book, and give a receipt for it—he would have in his possession the cheque to pay the wages with, or the value of it in silver and gold; and he would put to that the money he took at the bank, and go down to Brick-lane with that amount in silver—the cheque is drawn by the directors, and cashed by the prisoner—the cheque is drawn for wages all over the line—when money is sent from Brick-lane station a ticket is sent with it—that is filed in our office—I have not got it here—for anything I know it is on the file now—there would be a ticket on each of these days, which would show the actual amount paid to the prisoner—it would show the particulars of the sum paid—a counterpart of the ticket is retained at the office as a receipt for the money—they are made out in duplicate—I do not think the ticket filed at the office would represent the amount paid to the prisoner, deducting the silver retained at Brick-lane—I do not remember seeing that—I will not swear that it is not so—I have not looked for the ticket—what I look at is this book in the prisoner's writing—the ticket is checked with this book by one of the clerks in my office—I cannot recollect his name now—it was one person's particular duty—it would be his duty to point out to me any variance if there was any—he went through it while the prisoner was gone to the bank—this 308l. applies to Brick-lane, both on the same day—there is only one tick against it; there ought to be two, if it applied to both—I have not tried to ascertain who checked that—besides the wages account book there are pay-sheets of the wages—they are filled up at the accountant's office.
MR. SERJEANT BALLANTINE. Q. When you were before the Magistrate was any intimation given to you that any question would arise about the wages? A. No; I have never before heard any suggestion that this money not accounted for, as having been paid to the prisoner, was paid over in wages—there is a separate cheque for the Brick-lane wages—the names of all the labourers and employes are put down upon the pay-sheet, with the amounts to be paid to them, and a cheque is made out in accordance with that—it is not a crossed cheque; it enables the prisoner to receive the money over the counter—the silver has occasionally been reserved; that was to save the prisoner carrying it down to Brick-lane—when he had silver from the cheque
that he had already cashed at the bank, to pay in in its stead, it was to save the trouble of carrying the silver to Brick-lane and back—he would take the amount from the cheque that he had already cashed, and put it into the station's remittance; for instance, we will say that 20l. was retained at Brick-lane, he would take 20l. from the amount of the cheque to pay at Brick-lane, and place it in the station's remittance, leaving the amount at Brick-lane for the purpose of the wages—I think I have an entry which shows in what coin he was paid on these two particular days at the bank—this book will show it; it is the prisoner's entry—it shows the whole amount he was paid, but it does not specify the amount in specie that he received from Brick-lane.
WILLIAM HENRY KENT . I am superintendent of police, in the service of the Eastern Counties Railway Company—in February, 1860, I sought after the prisoner for the purpose of apprehending him—I made diligent search for him—I did not find him till 5th October, 1861—he was then at Scarborough, in Yorkshire, at the St. George's concert-room, acting as musical director, under the name of John Staples—I brought him up to London—I told him I wanted him to come with me, and he said, "Very well"—I did not say what for—he knew I belonged to the company.
Cross-examined. Q. Do you really mean to say that you searched for him? A. Yes; after 22d February I searched for him, before Mr. Love's election was over, everyday—I was told to use every exertion to find out his whereabouts I think I was first told that on 17th—it was about the 100l.—that was what I went down to Yorkshire for—I told him that subsequently—I did not tell him anything about this case; I knew nothing of it—this was a subsequent charge; I knew of nothing but the 100l.
MR. SERJEANT BALLANTINE. Q. Was any restriction at all put upon you in the search you were directed to make? A. None whatever; I was only directed to take him upon the 100l.
GEORGE FERN . I am chief clerk in the Audit-office—after the prisoner left the company's service I was directed to investigate his accounts with respect to the monies which he received and should have accounted for—I drew certain conclusions from going through the accounts—I have not the books here from which I drew those conclusions; they would fill the Court if the whole of them were here—I have only drawn my conclusions from the examination of the books.
COURT to JOHN PHIPPS. Q. You say that occasionally you were in the habit of taking a receipt from the prisoner when you did not produce the silver at the time. A. Yes; I was also in the habit of making out a ticket and leaving it with him—that was not to charge me; it was merely a copy of it, to certify in writing the amount of the money—I cannot say whether he brought down that ticket to Brick-lane and compared it with mine—I took his receipt; the silver had nothing to do with the wages—at the time I handed him over the silver I did not show him the receipt again—he would sometimes take the coppers and pay them away for wages, but that had nothing to do with the money he received for wages—I did not carry up the coppers to Bishopsgate on pay-day; I reserved them at Brick-lane, at his request, on some occasions—at his request I reserved the bag of silver, as he would want to change it for gold for his own convenience in paying the wages—that has been done on several occasions—he has said that he wanted to change it for gold for his own convenience in paying the wages.
MR. SPROULE (re-examined). The cheque for the payment of the wages was cashed on the Thursday, and the prisoner would have the money in his hands from Thursday to Saturday—he got it cashed—not in my presence—
I know he brought the cash back; he did so on every occasion—it would be done on the Friday morning very early; immediately the bank opened.
The prisoner received a good character.— NOT GUILTY .
EDWARD KIDD (policeman). On the morning of 7th November, I was on duty in Stoke Newington, and going down the Green-lanes I saw a fire—I met the prisoner, and asked him where the fire was—he said, "Just below here"—I said, "What is it?"—he said, "Two stacks of hay, close to each other"—perceiving particles of hay and straw hanging about his hair and whiskers, I said, "You have been sleeping in the hay"—he said, "Yes; I have, Sir"—I said, "Have you got anything about you?"—he said, "No"—another constable then came running up, proceeding in the direction of the fire, and having heard what I said, he said to the prisoner, "Have you any matches?"—he replied, "No"—we searched him, and found a box of matches on him, and a knife, and a little bag—I said, "I am suspicious that you have set fire to this straw, and I shall take you to the station on suspicion"—he then said, "I will tell you the truth; I did do it"—on the way to the station I asked him where he got the matches from, and he said he bought them for a farthing—at the station the charge was read over to him by the sergeant, and he was cautioned in the usual way—he said it was a bad job.
Prisoner. I deny confessing it; I likewise deny that I denied having any lights. Witness. I am quite positive he did confess it in the presence of two other constables—I knew nothing of him before.
JOSEPH JOHNSON (Policeman). I was on duty in King Henry's-walk, near where the fire was—I was going towards the fire and saw Kidd questioning the prisoner as to where the fire was, and about his sleeping under the stacks—the prisoner said he knew nothing at all about it—I said, "Have you got any matches about you?"—he said, "No; I have not"—I said, "I must see"—I put my hand in his pocket, and pulled out this box of matches—I asked him what was the reason that he set it on fire—he said, "Well I did do it; but don't hurt me"—he had previously stated to the other constable that he did set it on fire—I went on to the fire, and found it was two stacks of straw belonging to Mr. Rydon; they were burnt.
Prisoner. This witness gives the same evidence as the other; I deny it; I say the same as I did at first; I deny that I confessed it.
EDWARD WEBB . I was foreman to Mr. Rydon—these were his stacks of straw—I was woke up by the alarm of fire, and found them burning—we were not able to do anything to save them—they were of the value or 300l.
Prisoner's Defence. All I have got to say is, I was searching for a lodging, and I went and lay between the two hay-stacks for a lodging; a policeman came up and turned me away; a few minutes after that the fire broke out at one corner of the hay-stack; I went away, and went down the lane, and the policeman took me into custody; that is all I have to say.
ST. GEORGE SEYMOUR . I am the prisoner's brother-in-law—I have known him personally for four years, but I am acquainted with the last twenty years of his life—it has been for some time our opinion that he is not quite right—that is likewise the opinion of medical men; but their testimony only goes to this, that it is a monomania, of which we can produce abundant evidence—they do not feel authorised to say that it goes to the extent of lunacy—about eight months ago I took the necessary steps to confine him in a lunatic asylum, but on account of its not going further than monomania,
was obliged to relinquish it—he had lived with me up to that time—he left me on account of treatment which I could not put up with—he took 7l. 14s. with him, in his pocket, and we hoped that he would make his way home again when that was gone, but we heard no more of him till the policeman came to inform us of this—he has many delusions; constantly blaming us for giving him false money—he has never earned a penny for the last twenty years—he has been kept by his family—I believe there is no doubt that he is labouring under a delusion of some kind.
JOHN ROWLAND GIBSON . I am surgeon of Newgate—the prisoner has been in this prison between two and three weeks—my attention has been a good deal directed to him—I am decidedly of opinion that he is of unsound mind—he entertains delusions as to property—I am not able to say that he does not know right from wrong, but it is difficult to say, when delusion exists, how far it may influence the conduct—there is very decided unsoundness of mind.
JOHN WEST . I know the prisoner by seeing him in the neighbourhood of my premises, about the sheds and straw stacks, and I have warned him away several times, and threatened to give him in the custody of the police if I found him lounging about there—I thought there was something wrong about him mentally—he seemed half-witted—I think it was the Sunday morning previous to the fire, that I had last seen him—he seemed very filthy, and had extraordinarily dirty habits, lying about and sleeping in the sheds—he has called at my house late of an evening and asked for a glass of boiling water; he said he could not drink it cold.
NOT GUILTY. being insane.— Ordered to be detained during Her majesty's pleasure.
GEORGE HENRY FARRINGTON . I am a wholesale stationer of 15, Godliman-street—on 19th November, between 2 and half-past 2 in the afternoon, I was in the back part of my warehouse, and saw the prisoner in the front part; he had a bundle of my paper in his hand—I came towards him, and asked him what he was going to do with it—he said, "Oh! nothing, nothing; I am going to put it straight"—he made an attempt to get away, and my man came forward and assisted me to hold him till the constable came—this (produced) is the bundle of paper—it contains four reams, and weighs about sixty pounds—he had it in his arms and he would have taken it away had I not seized him—he was going towards the door with it.
Prisoner. It's no such thing; I had not moved two yards, nor two inches. Witness. It stood on a pile of four others, and he had removed it from the top of the pile, and had turned half-way round with it in his arms.
WILLIAM WILKINS (City-policeman,313). The prisoner was given into my custody—I searched him at the station, and found on him 4d. in copper, a knife, pencil, an old book, and a flint-stone, and this bag in which the paper now is.
Prisoner's Defence. I had no intention of stealing the goods; I had not removed them an inch.
The prisoner was further charged with having been before convicted at the Westminster Session, by the name of James Minchin, July, 1859, when he was imprisoned Two Years; to which he
PLEADED GUILTY.**— Four Years Penal Servitude.
MR. COOPER Conducted the Prosecution.
HARRIET MILLBANK . I am the wife of Thomas Millbank, a coachman, of 4, Cobham-row, clerkenwell—on Saturday night, 2d November, between 11 and 12 o'clock, I was coming down Laystall-street on to Mount-pleasant—just as I reached a public-house door I was met by the prisoner—he hit me in the chest and knocked me down—he held me down by my left-arm and wrenched my purse out of my right-band—I cried out—I got up and saw him running away—I kept my eye on him, and in a short time found him in charge of a constable—the constable produced a purse to me, it was the one I lost—this is it—it had money in to the amount of 1s. and three half-pence.
Prisoner. She was coming out of the public-house and fell down, and dropped the purse out of her hand, and I picked it up. witness I was not coming out of the public-house—I had not been in—I did not tumble down—I had no glass in my hand—the prisoner knocked me down.
THOMAS FURLONG (Policeman, G 27). I was on duty in Laystall-street on this night—I heard the prosecutrix say, "That man has got my purse"—I saw the prisoner come from the place—I crossed over the way and saw him try to pass the purse to another man—I seized hold of him, and took it out of his band—this is it.
Prisoner's Defence. I did not do it with any intent; I had no occasion to do it; I was going to work on the Monday.
The prisoner was further charged with having been before convicted at the Middlesex Sessions, in May, 1860; to which he
PLEADED GUILTY.*— Confined Twelve Months.
MR. SHARPE conducted the Prosecution.
JAMES ABSELL . I am an upholsterer of 10, Cambridge-road, Hackney-road—on Sunday night, 20th November, about a quarter to 11, I went to bed—I fastened up all the doors and windows—something aroused me in the night, about half-past 3, but I did not get up till 7 in the morning, when I went down to let my man in, who worked in my shop—I did not then discover that the house had been entered—I went up stain to dress myself, and then came down about 7 or quarter-past—I found the back kitchen window open, and my parlour in a state or confusion—the ground was covered with papers, and clothes, and work boxes, burst open and all about the floor—I missed a coat, a hat, a pair of boots, a silk handkerchief, a pair of gloves, and a pair of spectacles, worth about 2l. 10s.—this (produced) is the hat I lost—I am sure it is my hat, and that it was safe that night, with the handkerchief and gloves in it—I saw the prisoner about the Thursday before the burglary, at the side of my premises—my private door is about forty or fifty yards from the road; and I saw him at the shop door—I saw him again on the Sunday, the day of the burglary—he was then at the corner, by the shop door—I was going to chapel at the time—he was standing there, and another man was on the opposite side, standing in the same way—I did not see the other man on the Thursday.
Prisoner. Q. What time on the second night was it that you say you saw me by your door? A. About twenty-five minutes past 6—as soon as I saw you I went round the corner and saw the other man, and I then returned indoors and staid at home; I turned the gas full on, pulled off the coat I was going to chapel in, and read till supper time, and did not go out again till ten minutes past 9—I went to bed at about twenty minutes to
11; something roused me about half-past 3—I think it must haye been the work-box dropping oat of your hand—I have a cough, and as soon as anything arouses me, the cough bursts out; but I did not get up then—I know the bat, by its being the one I have been in the habit of wearing—it fits me (putting it on)—there is no particular mark on it, except that I had altered the band, which I had round it, in consequence of the death of a relative—I know it is my hat.
WILLIAM WISEMAN (Police-inspector, M). On 24th October, the prisoner was brought to the station wearing this hat—I asked him where he got it, and how long he had had it—he said he had had it for about sixteen months, and that he had purchased it at Manchester.
Prisoner. Q. What trade did I tell you I followed? A. You said you travelled about the country.
PETER DEWITT (Policeman, M 92). On 24th October, I took this boot off the prisoner's foot at the station, and went to the prosecutor's house and compared it with some marks upon a chair in the back parlour—the chair was covered with Morocco, and the mark upon it was the mark of a muddy boot—there was a plain mark on the chair till you got to a certain part, that was the tip of the boot, and there there was a peculiar lump of mud—I found that the size of the mark corresponded with the boot—I took it into the street and wetted it, and then placed it alongside the mark on the chair, and it made a similar mark, till it came to that portion where the small piece of mud had dropped, and that corresponded also.
GUILTY .— Confined Righteen Months.
NEW COURT.—Tuesday, November 26th, 1861.
PRESENT—Mr. Ald. HALS; Mr. Ald. PHILLIPS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .**— Four Year Penal Servitude.
PLEADED GUILTY .— Four Year Penal Servitude.
PLEADED GUILTY .— Confined Two Years.
The officer stated that the prisoner got his living by selling counterfeit coin in the streets.
PLEADED GUILTY .— Confined Twelve Month.
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. CRAFORD and ROWDON conducted the Prosecution
EMMA MARY HORSFPOOL . I am single, and live with my father, a baker, in High-street, Poplar—on 7th November, Palmer came, and asked for a penny leaf; he tendered a shilling, which I put on the edge of the till, and gave him sixpence and five pence, in coppers—I afterwards gave the shilling to my father—I had not lost sight of it.
Cross-examined by MR. RIBTON. Q. Did you pot it in the till? A. Not right in, bat on the edge—I did not close the till again—I laid it there till my father came—there were other shillings there, but not where that waft—I had no suspicion of it being bad, but I did not know that it was good—I generally lay money on the edge of the till, in case there is any I—my father came in ten minutes after—I had not removed it in the time, or received any other money; nor had any one else—the till did not remain open—it will close, and a shilling will still remain on the edge.
COURT. Q. Is the cup round, told the till square, so that there is a triangle? A. Yes.
JOHN HORSPOOL . I am the father of the last witness—on 7th November, my daughter gave me a shilling—it was on the division of the till; between the cups—I do not allow money to be put into the till, until it is shown to me or my wife—I took it up not two minutes after the man went out; found it was bad, put it in my pocket by itself and afterwards gave it to Nicholl.
Cross-examined. Q. Tour daughter has said that you were out, and came in in ten minutes? A. I was talking to a gentleman in the shop; she has made some mistake—I was not eight minutes after the prisoner was gone—I put the shilling in my waistcoat pocket, and gave it to the policeman, a quarter of an hour or twenty minutes afterwards.
MR. CRAWFORD. Q. Were you inside or outside the counter? A. Inside; talking to a gentleman.
SUSAN GEE . I live with Mrs. Cox, who keeps an eating-house at Blackheath—on 7th November, Palmer came there for one pennyworth of pudding, and gave me a shilling—I gave him 11d. change, and he left—I pot it in the till; there were two or three sixpences there, but no other shilling—soon after he had gone, Wyhes came in, and I took out the shilling, found it was bad, and put it at the back, where there was no other money; I afterwards gave it to Nicholl—our house is about three minutes from Mr. Horspool's.
Cross-examined. Q. Are you sure there was no shilling in the till? A. No; only two or three sixpences.
HENRY WYHES . I live with my father, in High-street, Poplar—on 7th, November, about five minutes past 12 o'clock, I was coming from Brunswick-pier down Bruns-wick-street, and saw the prisoners talking together opposite Mrs. Cox's—Dixon said to Palmer, "Go on, they are busy now," no nodded towards Mrs. Cox's eating-house—Palmer pulled a shilling from his waistcoat pocket, rubbed it with his thumb and finger, went across the road, and got a pennyworth of plum pudding at Cox's—Dijon walked towards Robin Hood-lane where he stopped, and Palmer came out of the shop and they walked on together—I went into the eating-house and said something to Miss Gee, she pulled the till open and pulled out a shilling—I then left and went after the prisoners—I found them still going on together, and
followed them to the East India-road and pointed them out to a constable—we followed them and saw them stand talking about three minutes—Palmer then went into Kennedy's, the tobacconists—Dixon walked up and down outside, and was taken in custody.
Cross-examined. Q. Do you know Susan Gee? A. Yes; I have been often there for pudding—I did not have some that day—Palmer was eating the pudding when he came out—he did not give Dixon any of it; they were about five feet from one another.
MR. CRAWFORD. Q. Was your father in the police force? A. Yes.
MOSES NICHOLL (Policeman, K 97). On 7th November, Wybes pointed out the prisoners to me in the East India-road, about two hundred yards from High-street—they stood still about five minutes, separated, one went over the crossing where it was swept, and the other walked about twelve yards up—Palmer went into the tobacconist's, and I went up to Dixon, and said, "I shall take you in custody for being concerned with the other"—he said that I was quite wrong, he was an umbrella maker, and was looking for his living—I took them to the station, and received this shilling (produced) from Kennedy, another from Horspool, and one from Susan Gee—I searched the prisoners, on Dixon I found eight sixpences, four fourpenny pieces, four threepenny pieces, and 3s. 3 1/2 d. in coppers, a small loaf, a small piece of cheese, two small skins of blacking, and two small ease combs—I was present when Palmer was searched—there was found on him three sixpences, and 4 1/2 d. in copper good money, and half an ounce of tobacco.
ALXXADDER KENNEDY . I am a tobacconist of Virginia-road, Blackwall—on 7th November Palmer came in for some tobacco, and gave me a shilling—I gave him the change—he asked me if I had an old umbrella to dispose of—I said that I had not, and he left—some time afterwards a policeman came and made inquiries—I looked into my till and found three or four shillings, one of which was bad, and I gave it to the policeman—this is it (produced)—I do not know whether it is the one the prisoner gave me.
GUILTY .— Confined Nine Months each ,
PLEADED GUILTY .— Confined Six Months.
MR. COOK conducted the Prosecution.
SARAH ANN COOPER . My husband keeps the Hanbury-arms, Wigmore-street, Hoxtom—on Saturday, 24th October, Howard came and asked for half a pint of fourpenny ale, which came to 1d.—he gave me a bad sixpence; I bent it, and my husband broke it in half—Howard said that he was not aware it was bad, he had taken it in change for some tobacco, and if my husband would return it he had no doubt he could get a good one for it—he tendered me a good sixpenoe, and I gave him 5d. change—a youth named Mills was in the shop; he could see what passed—Howard walked rather slowly and heavily; he hat a wooden leg.
DAVID MILLS . On 24th October I was at the Hanbury-awns—Howard came in and tendered a sixpence to the landlady; she said that it was bad—when he left the shop I followed him—he had a wooden leg—he whistled, went a little way, and two people joined him—Christmas is one of them;
he had on a Scotch cap, and the other a turban—they walked to the middle of Harvey-street, and then Howard left the and went into the Roebuck beer-shop, kept by Mr. Andrews; the others went about twenty-five yards to the right—I waited till Howard came out, and ran into the house and spoke to the landlord—Howard had joined the other two—I then came out and followed the three—a few carts passed and a few people, and I lost sight of the one I cannot recognise—I followed the other two to the Earl of Aberdeen, where Christmas left and walked towards the Roebuck, but I cannot say whether he went in—I saw him come back soon afterwards and join Howard—they spoke together, but I was not near enough to hear—after that Howard threw something over a house or over the road—they walked on, I followed them, and gave them in charge.
Howard. You have mistaken me altogether. Christmas. You are quite mistaken. Witness. I know you were together—I pointed you both out to a policeman, and saw him catch hold of you.
ARTHUR ANDREWS . I keep the Rovers beer-shop, in Hyde's-place—on 24th October, Howard came in and asked for half a pint of beer, and gave me a shilling—I gave him change, put the shilling in the till, and he left—Mills came in and spoke to me almost immediately, and I looked in my till and found the shilling was bad—I put it on the counter, and afterwards gave it to the policeman—Lee came in five or ten minutes afterwards, and asked for half a pint of ale or porter, and gave me sixpence—I noticed that it was bad, and told him so—I said, "You have given me enough; do not give me any more—he threatened to have me prosecuted for taking away his character—he drank the beer, but did not give me any good money—I gave him in charge with the bad sixpence and shilling—he had on a round hat.
Howard. Q. You said at the police-court that you did not know who gave you the shilling? A. I do not know; there were other shillings in the till.
MR. COOK. Q. When you looked in the till, in consequence of the boy speaking to you, was the bad shilling uppermost or under most? A. It laid on the top—I believe it to be the shilling paid to me by Howard—there were eight or nine shillings at the bottom of the till.
THOMAS MAJOR , (Policeman N 120). Mills gave me information—I had a constable in plain clothes with me, and laid hold of Howard—twenty-five pence in copper was found on him—he had a Scotch cap on, and Christmas a turban—2d. was found on Christmas—I saw Lee at the station; he was wearing a pork-pie cap.
Lee's Defence. I changed half-a-crown in Hoxton, and a gentleman gave me a shilling. I did not know what I was putting down, and put down a sixpence. I have never seen the other prisoners before.
Howard's Defence. I sold a quarter of a hundred herrings at a penny each, and that was the money found on me with which I had to get my stock next day.
GUILTY of uttering the sixpence.
LEE and CHRISTMAS Confined Four. Months each . HOWARD** Confined Twelve Months.
MR. COOKE conducted the Prosecution.
ELIZABETH BRYANT . I live with my father at the Grown public-house in New Oxford-street—on 7th October the prisoner came for a pint of porter and a screw of tobacco—it came to three-halfpence—he gave me a bad florin—I told him it was bad—he asked me if I should know him again—I said, "Yes—I took the beer and tobacco back again, and broke the florin in two—I did not give him one part of it—I gave one half to the constable on the 14th—the prisoner must have removed the other half off the counter.
JOHH FBNWICK . I keep the Angel and Crown, Bloomsbury—on 11th October the prisoner came between 6 and 7 o'clock, asked for a glass of six ale, and gave me a shilling—I bent it, and told him it was bad—I threw it over the counter, saying, "This won't do for me"—he said, "I will give you a shilling that is not mine," and then he pulled out a good sixpence—I said, "I have a good mind to give You in custody at once"—he was insulting to me, and I said, "Well, you had better go away, or else I will lock you up"—he went, and I followed him with a friend—I asked one of my customers to follow him, and returned home.
THOMAS HOWE . I keep the Bull's—head, High-street, Bloomsbury, which it about half a mile, I should think, from the Angel and Crown—the prisoner came to my house on 14th October—he asked for a glass of six ale—my water served him, but I took the money—he gave me a shilling—I tried it, and bent it double with the detector—at that moment I saw a man pointing, and I said to the prisoner, "I am afraid you have been guilty of this somewhere else"—the man came in—I said, "Do you know anything of this man?" he said, "Yes; I have followed him from Gloucester-street, from a public-house"—the prisoner heard that—he polled out sixpence which I refused to take, and I took away the ale—I sent for a constable, and gave him in charge.
JAMES BRADFORD (Policeman, E 77). I took the prisoner, and received this counterfeit shilling (produced) from Mr. Howe—I also received a piece of a florin from Miss Bryant—I searched the prisoner and found on him a sixpence, a halfpenny, a cigar tube, and a German silver watch-chain.
The prisoner's statement before the Magistrate was here read as follows: "I took the shilling and afterwards passed it, as I thought I had a right to do. I never saw the woman before.
Prisoner's Defence. I received the shilling in change at the Great Northern Station, where I had been drinking with a friend. I have an affection of the brain, and am always worse when I am in liquor. I do not recollect giving the money on the 9th and 14th. With regard to the florin I never saw the woman before, and was net in her house that night; having been out to tea and spent the whole evening with my wife and child. I never use tobacco. This is one of the greatest cases of mistaken identity known.
The prisoner called
MARY PLEASANCE . I live at 292, High Holborn—my husband is a baker—I know the prisoner—on 7th October, Monday I believe, the prisoner had both tea and supper with me and my son-in-law and daughter—he stopped with me from about 4 o'clock till 12—I did not notice the time particularly—when he left, we accompanied him to the bottom of Tottenham-court-road and got a conveyance to take him and his wife and child home—he has worked with my son at painting, paper-hanging, and glassing, during the fortnight before he was taken.
Cross-examined by MR. COOK. Q. Where has he been working? A. With my
son, at Mr. Thompson's, in Oxford-street, and from one house to the other they have drank tea at my house before—I heard the week before last that he was taken up on this charge—I came here of my own accord to-day; no one has sent for me—I went in to see the prisoner yesterday and told him I should come to-day—I have plenty of persons to prove he was at my house that evening—Mr. Holmes had tea with us—I invited a few friends—I do not sell tea and coffee—I never knew the prisoner to be in any trouble.
COURT. Q. How far is your house from Mr. Bryant's? A. No great distance—I know Miss Bryant, and I believe she knows me—the prisoner is a teetotaler and so is his landlord—it was not a teetotal party, or else his landlord would have come and spoken for him—between five and six years ago he had brain fever—he never smoked in his life. to my knowledge.
COURT to ELIZABETH BRYANT. Q. What time was he at your house? A. Between 6 and 7—I am sure it was on Monday—my attention was called to it on the following Monday, the 14th—I am sure of the prisoner—I had never seen him before, but he asked me if I should know him again, when he was in the shop.
The prisoner received a good character.— GUILTY .— Confined Nine Months.
OLD COURT.—Wednesday, November 27th,1861.
Before Mr. Baron Bramwell.
MESSRS. CLERK and BEASLEY conducted the Prosecution.
MARY REEVES . I am the wife of Thomas Reeves, a basket-maker of 10, Drury-court—I had a daughter called Mary Ann Reeves—I last saw her alive on 15th November, between 9 and 10 o'clock in the morning—I did not see her again that day—when I last saw her she was in the first-floor back room—I left her along with her poor brother (the prisoner)—the prisoner is the son of my husband by a former wife—I have had the care of him ever since he was seven years of age—I went out about half-past 9 that morning with my husband; he wanted to get shaved, and I went out with him—I came back just about 10 o'clock—I was not away more than a quarter of an hour—I enquired for her, but could not find her or hear of her—I asked the prisoner if he knew where she was, and he said no, he did not—I saw him again a little after 1 o'clock—he came running upstairs and said, "Mother have you found her yet"—I said, "No my boy, where am I to go to find her—it was about 2 o'clock that I last saw him—I did not see the body of the deceased till late in the evening.
Cross-examined by MR. SLEIGH. Q. I believe he was always a very mild kindly disposed boy? A. Oh yes! he was always a good boy—his father has been twice under restraint for being insane—his uncle I believe died at Hanwell—his father has been twice out of his mind; once he was in St. Bartholomew's Hospital, in the lunatic ward—I am not aware that there was any other relation of the prisoner that was insane—I do not know that his aunt was—I know nothing about his grandfather; I do not know that it wan the cane with him.
MR. CLERK. Q. How long have you been married to Reeves? A. I was married in 1852—it is since my marriage that he has been in the hospital—it was two years last September he was in St. Bartholomew's—it was for delirium tremens—unfortunately he has been in the habit of drinking a good deal—the other time that he was under restraint was twelve months last August—he had the same thing the matter with him then, delirium trmens—he was then taken to the Strand union—he was only there from the Monday to the Thursday—I knew the uncle that died at Hanwell—I have seen him, but I did not see him when he was out of his mind—he was subject to fits, and I believe he died quite out of his mind at Hanwell—I never saw him at Hanwell—my husband told me he was at Hanwell—I do not know how long it is since he died; it was since my marriage—I knew him before he was taken to Hanwell—I used to see him when he came out—he was allowed out—I do not know whether he had been a sober man; he must have been, because he was in the Union for years on account of having fits—he had fits, and had been in the union for years, and then he was taken to Hanwell.
ELLEN JAMES . I live at 10, Drury-court, in the same house as the Reeves's—my husband is a stage carpenter at Govent-garden theatre—on Fridays the 15th of this month, I was at home about 9 o'clock—I came down about three or four minutes to 9 to go and get some milk, and the deceased child ran out to me and said, "Mrs. James, shall I go and get your milk?"—I said, "No Polly, I am halfway down the stairs, and I will go and get it myself dear"—I did not see her again after that—sometime after that I heard that poor boy (the prisoner) calling to her—he was in the passage at the foot of the stairs—he called, "Polly, Polly"—she replied in a rough way that she had in speakings "What is it you want Dick?"—he said, "Polly, bring me the key of the back place—she spoke again, "I do not know where it is Dick—he said, "It is on the table against the window, "perhaps a minute elapsed before she answered again—she then said, "All right Dick," and I heard her go down stairs, and I never beard any more of her un till she was put into my arms—it was about twenty-five minutes past 9 when I heard her go down stairs—a lad named Lynes afterwards came to the house—I went with him to the cellar—I saw the trap-door of the cellar opened—that was about five or ten minutes after 2, as nigh as possible—it is in a back place where they generally worked, in the same yard where the back place is, where they generally worked at the basket-making.
COURT. Q. Is it an open yard or a covered shed? A. A covered shed, and enclosed—they had had coals in a few weeks ago, and where the lodgers used to go down, they had some wood-work, so that they could not go down to it that way, they were obliged to go through the back place—there are no steps to go down to it, only a slide—it was not the coal-cellar of all the lodgers as well as the Reeves's; the Reeves's had it entirely to themselves, but we had to go into the cellar for water—it was blocked up from the lodgers, so that they could not get in that way to it—they were obliged to go in through the back place where they worked.
MR. CLERK. Q. Is there a door to the coal-cellar besides the entrance to it by the trap door? A. Yes, there used to be, but it vas blocked and nailed up—the only entrance was through the trap-door, at that time—in order to get to the cellar, you have to open the trap-door and slide down—there are no steps to go down—the coals are a few feet below the trap-door, immediately under it—when the trap-door was opened, I did not see the body of the child lying there, Mrs. Griffith did—she had a candle in her hand and she exclaimed, "Oh my God! it is Polly—she was taken out
and laid on the sofa—full twenty minutes elapsed before the doctor and the policeman came.
JOHN LYNES . I live at 7, Drury-court—I knew the little girl Mary Ann Reeves—I last saw her alive on the morning of the 15th, about 9 o'clock—I saw the prisoner in the course of the day, about ten minutes to 2—a lad named William Corney was with me—the prisoner came up to us in Drury-court—he said, "Jack, do you mind taking a walk with me to find my sister Polly?"—I said, "I do not mind"—I and Corney and the prisoner went down the Strand, and when we got to Folgate opposite St. Clements' church, he turned round and said to me, "It is no use you looking after my sister Polly, go back and tell my father if he wants my sister Polly, he Will find her in the coal-cellar; I have strangled her"—I and Corney ran back—we left the prisoner there; be went on towards the city.
COURT. Q. Did you not say anything to him when he told you this? A. No.
MR. BEASLEY. Q. When you went back did you see the father? A. Yes; he was tipsy at the time, going past—I asked him to come with me—he went with me to the passage, And then I told him what the prisoner had said—he and I went together—we saw Mrs. Griffiths on the stairs, with a candle and pail in her hand—I went to the cellar and got in—I jumped down through the trap-door—I could not get in through the door, only through the trap—nobody went in with me—Corney stood at the top with Mrs. Griffith and Mrs. James—when I got down into the cellar I found the body about two yards from the trapdoor—it was all on a heap, on the side, with some coals lying on her cheek—the body was lying on the coals—I took it up, and handed it to Mrs. Griffith and Mrs. James through the trap—I noticed a rope or clothes' line tied round the neck—it was round it at the time—the first part of it was tight—I did not notice it.
COURT. Q. Do you mean the front part? A. Yes; that was tight—this is the line (produced)—I did not notice how it was tied—after handing up the body I and Corney went off to King's College Hospital for a surgeon.
JOHH GRIFFITHS . I live at 10, Drury-court, in the first floor front-room—I was at home about 2 o'clock in the day—I heard of the body of the deceased being found—I went to the room where it was lying; it was on the sofa in the shop—I saw there was a rope round her neck—I undid it—I gave it tip to the doctor—it was drawn taut on first, and then put round again—it was very tout—I could not at first get my finger in between the rope and the neck, until I had worked it in a little way first, and then I got it loose and got it off in that way—my wife went up stairs to get a knife to cut it, but I undid it without.
COURT. Q. How was it tied? A. You may call it a slip knot, tied over, and then drawn taut—the tie was under the right ear.
CHARLES HENRY ALLFREY . I am house physician at King's College Hospital—I was called to the house 10, Drury-court, on the 15th November, about five minutes past 2—I found the dead body of a female child—it had been dead probably not many hours—there was still a little warmth about the trunk—I observed a deep mark or furrow round the neck—it was in a horizontal position—from the examinations I made, then and Afterwards, I found it had died of strangulation from the ligature of the cord,—from the position of the mark I should say she had not died from suspension—I examined the hands—there were no marks whatever on them of the rope, as if she had pulled it tight herself.
COURT. Q. Was it possible that she could have strangled herself in the
way you saw? A. I think not; the mark was as if the rope had been drawn very much tighter than she could have drawn it without making marks on the fingers—I think it is possible that a person might fasten a rope round her own neck in such a way as to take away life.
JEMIMA KADGE . I know the prisoner—I remember seeing him on the morning of 15th November—he came up to me as I was standing with my sister—he told me he had strangled his sister—I said, "Dick; I can't believe you"—he said, "I have done it;" and with that he asked me where Elizabeth Rogers was—I said she was upstairs, I believed—he asked me if 1 would go up and call her—I went up and she came down, and he called her three or four yards from the door—he said, "Has Jemima told you anything?"—she said "No"—he then said to her, "Liz, I have strangled my sister;" with that I was going to take some washing to a person in Endelf-street, and he said, "I am going up that way—I asked Rogers to go with me, and she did—I left her and the prisoner outside while I went in—the prisoner said to me, "I will see you about 6 o'clock in the evening—I saw him again about five minutes past 2, at the top of Ship-yard—he said, "I have sent two young chaps down to my mother's to tell them where Polly is;" with that I left him—I do not know where he went to—I went indoors to my work.
Cross-examined. Q. When he said this to you, how did he appear; the Mime as he does now, or in what state? A. He was in a very good temper when be spoke to me about it—he bad a smile on his countenance—I do not know whether he and the deceased used to play in the coal-cellar.
CHARLES GERMANUS VENUS (Policeman, F 96). On 15th November I had instructions to apprehend the prisoner—about a quarter to 5 I found him in Carey-street, reclining on a post at the corner of Serle's-place—I went up to him and said, "I want you—he stepped forward from the gutter on to the kerb, and said, "I know what for; I did it"—I Immediately said, "You are charged with the murder of your sister; be cautious what you say; what you say I shall use in evidence—he directly said, "I did it; she aggravated me to it"—I then took him to the station.
Cross-examined. Q. In what state did he appear to be when he made this statement to you? A. Perfectly calm; he had the same indifferent look that he has now, quite cool and collected.
GUILTY .—Strongly recommended to mercy by the Jury on account of his youth, and the bad example set him at home.— DEATH .
MESSRS. MATTHEWS and H. GIFFARD conducted the Prosecution.
WILLIAM CROUCH . I keep the Queen's Head public-house, 12, Lower White cross-street, City—on Tuesday or Wednesday, 16th October, about 9 o'clock in the evening, the prisoner came into my house—he beckoned me out of the bar-parlour, and asked if I would give him change of a 10l. note (I had previously given him change for a 5l. note)—he handed me the note—I said to him, "Is your name on the note, Taylor?"—he said, "No; I will put it"—I gave him the pen and ink, and he wrote it in my presence, "B. Taylor—I saw him write it—this (produced) is the note, and this is his signature—I gave him change for it, and put the note in my cash-box—on the Sunday previous to this, the 13th October, the prisoner Came into my house, about five or six minutes after 1 o'clock, and asked me to give him change of a 5l. note—I did so—this (produced) is the note—I know it by my
own signature—I signed it with his name and my own, "B. Taylor, Whitecross-street," before I put it into the cash-box—I can swear this is the note—I paid both the notes away to Messrs. Sager and Company, the distillers, with others, on the Friday following; and on the Tuesday following, the 22d, one of their clerks brought them back branded, "forged"—I then went over to the prisoner's house—I saw his man at the door, and he fetched him down stairs—I said, "Taylor, it is very awkward, those two notes I changed for you last week are returned to me as forged—he said, "Oh! that can't be," or something of that kind—I paid, "You had better step over the way, for the clerk is there that brought them—he immediately came over, along with Be, into my parlour where the clerk was, and the notes were lying on the table—I said, "Taylor; there are the notes"—he looked at them and said, "I changed two notes, but those are not the notes that I changed—I said, What do you mean by that; here is the 5l. note that I wrote your name and address on myself; that is the one I changed on Sunday, and here is the 10l. note with your own handwriting?"—he said, "Oh, no! that there is not, because I can't write—I then said to the clerk, "Will you be kind enough to put your hat on, I don't intend-to be the loser by these notes; I will go to the station-house," and he and I went immediately, leaving the prisoner in my house—in a short time we came back—the prisoner had then left my house, and was going down the street—an officer went after him, overtook him about one hundred yards from my house, and brought him back.
Cross-examined by MR. METCALFE. Q. You have known him some time, have you not? A. Yes; ever since he has lived opposite, three or four years—I have changed cheques for him on different occasions, small cheques, never above 2l. or 3l.—he has been carrying on business there as a metal dealer for about four years.
CHARLES BAKER . I am a detective officer of the City of London—I was sent for to Mr. Crouch's on 22d October—the prisoner was pointed out to me going from his house towards White cross-street prison—I followed and overtook him—I said, "Taylor; you have passed two notes at Mr. Crouch's public-house—he said, "Yes; I did n—I said, "They are forged; you must go back with me to Mr. Crouch's"—he went back with me, and I showed him the notes—he said they were not the notes he had passed to Mr. Crouch—I asked him if they were not the notes, where he got the two notes that ho did pass—he said, "I received them from my metal dealer about three weeks ago"—I asked biro what his metal dealer's name was—he said, "I don't know—I asked where he lived—he said, "I don't know—I asked how long he had dealt with him—he said, "About three or four years; he comes round every week—I asked what sort of a hone he had got—he said, "It is a large black horse, and a very large cart"—I then asked if he had sold as much as 15l. worth of metal to a metal dealer, whether he did not give a receipt—he said, "No; I did not—I asked if that was all he had got to say—he said, "Yes"—I then took him into custody.
Cross-examined. Q. Did he tell you he should be able to find the man for you, because be came round every week? A. Yes—I took him to the station, and he has been in custody ever since—I believe bail was applied for on the ground that he might have an opportunity of finding the man, and it was refused.
MR. MATTHEWS. Q. Has the shop been open since he has been in custody? A. It is still open—to the best of my belief his brother attends to it—the prisoner is married and has three or four children—they live at the house.
EDWARD KNIGHT (City Police-inspector). I know the prisoner's handwriting; I have seen him write—the signature on this note is in the character of his writing—I have his signature in this receipt-book (producing it)—I saw him write that—it is one of my books.
GUILTY .— Five Years' Penal Servitude.
MR. RIBTON conducted the Prosecution.
NOT GUILTY .
The particulars of this and the following case were not of a nature for publication.
MR. RIBTON conducted the Prosecution.
NOT GUILTY .
No evidence— NOT GUILTY .
Before Mr. Justice Byles.
PLEADED GUILTY .— Three Years' Penal Servitude.
MESSRS. CLERK and METOCALFE conducted the Prosecution.
EDWIN BROWN . I am a clerk in the Lincoln and Lindsay Banking Company at Louth in Lincolnshire—I made up a parcel for Prescott and Co. and put into it Bank of England notes, country notes, bills, and cheques, to the amount of 1,361l. 0s. 6d.—among them were these two 100l. Bank of England notes, marked G.Z. 80008, and G. Z. 62205, dated 19th May, 1860—I put a letter with the notes and cheques into an envelope, and directed it to Messrs. Prescott, Grote, and Co. bankers, London—I sealed the envelope with wax, and posted it at 5 o'clock, as Louth, in time for the delivery that evening—in consequence of receiving no notice of it, I telegraphed on Friday morning.
THOMAS SYMONDS . I am the postmaster at Louth—a letter polled there at 5 o'clock on any day, would be dispatched for London at 8.45 the same evening, and would arrive in London in the course of the next morning—I despatched the bag on 27th February—all the London letters were put into it.
ALFRED BAILY . I am a letter carrier in the General Part-office—on the morning of 25th February, I delivered letters in Threadneedle-street—I delivered some to Messrs. Prescott, the bankers—I delivered all those that came into my hands on 28th February.
CHARLES VANVILLE . I am waiter at the Hotel, de Paris, at Calais—I know the prisoner very well—he came there on the night of 3d March, but I did not see him till about 10 o'clock the next morning, when he was coming down stairs from the sleeping apartments to the coffee-room—(I went to bed at 11 o'clock on the 3d—it was not my turn to sit up that night—he was not in the house at that time)—I said, "Good morning, Sir"—he said, "I am going to change some money after breakfast"—I gave him his bill about half-past 11—it was five francs; which he paid me—he had a parcel with him—he left at five minutes to 12—he had no luggage but the parcel—a few days afterwards I saw Monsieur Bellar, the banker, so that my attention was called to the prisoner—the prisoner comes to the hotel once every year, so that I know him well.
Cross-examined by MR. SLEIGH. Q. I suppose it is a common thing at your hotel, for people to go to the neighbouring money changer? A. Yes; there were perhaps a dozen people at the hotel—I have been there five years—the prisoner came from the mail; but I was in bed at the time.
MR. CLERK Q. Did he come alone? A. Yes; there were two or three people with him at breakfast, but nobody went out with him from the hotel.
CHARLES EUGENE WASCAT . I am cashier to Monsieur Bellar, the banker, at Calais—I was at the bank on the morning of 4th March—the prisoner came there between 10 and 11 o'clock, I think, and asked me to change two notes of the Bank of England, of 100l. each—I took the numbers of the notes—this book, with the entry, is not in my writing—is was written by a clerk—I wrote the name on the notes and gave it to a clerk—these (produced) are the notes that the prisoner brought me—I asked him for his name and address, and wrote down what he gave me—I wrote down "Ellen, Hotel de Paris"—he gave his address as Hotel de Paris—I have spelt Ellen with an E, because in French that is A—I put it down by the sound—I gave him change for the two notes in French money, and he left the bank—I afterwards, on the same day, sent the two notes in halves to the London and Westminster Bank, our correspondents—there was nobody with the prisoner.
Cross-examined. Q. Did you indorse those notes at the time you received them from the prisoner? A. Yes.
MICHEL FRANCOIS VATTKL (Through an interpreter). I am the special commissaire de police, at Calais—the mail packet from Dover arrived there on 4th March, at half-past 3 in the morning, and as the passengers landed I took down their names on a piece of paper—fifteen passengers disembarked, the name of one of whom I took down as Thomas Alien.
MR. SLEIGH objected to Out evidence unless the witness could identify the prisoner as the person; but THE COURT considered that that would be a question for the jury.
MICHAEL HAYDON . I am one of the detective officers of the City of London—on 22d October, I took the prisoner in Old-street, St. Luke's—I told him I charged him with having stolen, on 28th February, a banker's parcel, containing
Bark of England notes, country notes, cheques, and bills to the amount of 1,360l.—I addressed him by the name of Douglas—he said my name is not Douglas, and never was; my name is Perkins—I took him to the station at Bow-lane, and told him that I had traced two 100l. notes, and had ascertained that he had changed them at a money changers in Calais, four days after the robbery—he made no reply—he gave his address 14, High-street, Cheltenham—I have been there, and there is no No. 14 in the High-street.
SAMUEL ROBERT GOODMAN . I am the chief clerk at the Mansion-house—I was on duty at the time the depositions of the witnesses were taken before the Lord Mayor, in the prisoner's presence—after the evidence of Haydon, the prisoner was asked whether he wished to put any question to Haydon—he said no, but he wished to make a statement—he was told that that was not the usual time to make a statement, but whatever he said would be taken down, and might be used against him—he then made a statement—I took it down and read it over to him afterwards—he did not sign it—this is it (reading: "I was in Calais some months since, waiting for a train to go on further. In the square a gentlemanly man entered into conversation with me, and asked me if I could tell him the best money changers there; I said I believed there was a banker down that street, who was one of the most respectable persons there, and I would go with him there if he thought proper. When we came near the money changers, he said, 'Perhaps you can get a better exchange than I can; will you oblige me?' I said, I have no objection;' he then handed me two 100l. notes, but whether these are them or not I do not know. I went and got the exchange and brought it to him at the door. From there I went to Lisle and did my business, and came back to Cologne and did my business; that is all I have to say.")
COURT. Q. Have the Bank of England been obliged to pay these notes? A. Yes; there are no other notes of that date and number.
MR. LEWIS contended that there was no evidence of the prisoner's having stolen the notes, or of his having received them in England, and that if he received them at Calais it was not within the jurisdiction of this Court. MR. METCALFE submitted that the parcel mutt have been stolen in England, and that tiff prisoner being in possession of the notes so soon afterwards, the inference was that he stole the parcel; and further, that he must have been in England to steel it, as he did not arrive in Calais until the morning of the 4th. The COURT considered that it was a case for the Jury.
GUILTY—Of receiving in England.
He was further charged with having been before convicted at this Court in 1848, in the name of John Clark; to which he
PLEADED GUILTY.— Judgment respited.
MR. METCALFE conducted the Prosecution.
HENRY SPARY . I am gas-fitter, living at Arles ford in Hampshire—I deal with Messrs. Cummings and Bone, of Tottenham Court-road—on 30th October, I wrote them a letter enclosing a half-sovereign, which I fitted into one of my business cards, and gave it to Elizabeth Hockley to post,
about half-past 7 o'clock—there is a day mail from Arlesford at 8 o'clock—these fragments (produced) are parts of the envelope, letter, and card.
ANN KEENE . I am the post-mistress of Arlesford—a letter posted there before 8 o'clock would leave for London by the morning delivery—I find on these fragments the whole of the post-mark of the morning of 3d October.
WILLIAM BENNING . I am a sorter at the southern district of the Post-office—on 3d October I received the mail-bag from Arlesford—a letter from Arlesford for the western district would be forwarded by me for delivery.
WILLIAM COWLETT HOWLETT . I am one of the inspectors of lettercarrier at the western district office—the prisoner was a sorter and letter carrier there—his walk on 3d October was the Tottenham Court-road district, and some of the adjoining streets—a letter arriving by the mailbag from Arlesford shortly after 1 o'clock, should be delivered by the prisoner about twenty minutes or half-past 2—according to his own showing in this book (produced) he left the office for that delivery at a quarter to 2—this is in his writing.
Cross-examined by MR. SLEIGH. Q. How many carriers are there on that walk? A. Five—the prisoner went out at a quarter to 2—the next indication in the book is his writing at 5 o'clock, when he returned to the office—the entry is that he terminated his delivery at fifty-five minutes past 2—the place in Tottenham Court-road where the lads say that they saw him, is barely half-way through his walk—the office is in Vere-street—he would not get to the commencement of his walk till 2 o'clock or five minutes past—he commences his round at Rathbone-place, and passes through Greek-street and Stephen-street, which is a thoroughfare into Tottenham Court-road, and when he comes there, he can go into Stephen-street again—whether he would deliver in Stephen-street before Tottenham Court-road, would depend upon his own judgment—there are places where he is required to be at certain times—if according to the directions on his letter he thought it prudent to go into one street before another, he would be allowed to do so.
MR. METCALFE. Q. You say there are several letter-carriers, are there several at that hour of the day? A. No; only the prisoner—the delivery takes him about fifty-five minutes.
EDWARD VIAN . I am an errand boy, in the employment of Mr. Allwright, a cheesemonger, of 45, Rathbone-place—my mother lives at 16, Tottenham Court-road—the prisoner has been the postman of our district for some time—on Wednesday, 30th October, I was standing with two boys, Frederick Mills and Henry Rowe, in Stephen-street, and saw the prisoner coming along Tottenham Court-road towards us, at half-past 2 or a quarter to 3—before he got to ns he tore some paper up—he was then from eight to ten doors from us—he threw so me in the gutter, and some on the pavement, and some money with it—he then stooped and picked up the money and put it in his pocket—I saw the shine of it as he threw it down—he then came close to us where we were standing, and as he passed us he drew out a half-sovereign from his right-hand waistcoat-pocket and looked at it—I could see it in his hand, it was a half-sovereign—we afterwards went and
picked up the pieces of paper, and some yellow paper, and pieces of card—we picked up all that we could see—I gave them to Frederick Mills, who took them to his mother, and then he brought them out and I took them to my mother and showed them to her—I have a brother a letter-carrier on the Pimlico district—my mother gave him the pieces of paper next day—I can read—I showed him the pieces of paper and card again—these (produced) are them.
Cross-examined. Q. When did you see them again? A. Next day—I read them the first day—I tried to put the card together—the person I saw in the street was dressed as a letter-carrier—I cannot tell you whether he had an Inverness cape on—he passed us on the same side of the street—I knew his face—I had only spoken to him once; that is about a month or five weeks ago, and about a fortnight before he threw the paper down—besides the paper he had a letter-bag in his hand, but no letters that I know of—this was in Stephen-street—he was not delivering letters because he came straight along—I did not watch him any further after he passed us—he bad a hat on.
MR. CLERK Q. Used the prisoner to deliver letters at your master's shop? A. Tee; my master often receives letters—a letter for my brother-in-law was once sent to our house—he lives at Pimlico, and it was sent back, and I told the prisoner so—that was the only time I spoke to him, but I saw him twice a day.
FREDERICK WILLIAM MILLS . I shall be eleven years old next birthday, and live with my father and mother in Stephen-street, Tottenham Court-road—I have seen the prisoner delivering letters about Stephen-street but only once a day, because I go to school—I usually see him at half-past 8 or quarter to 9—on Wednesday, 30th October, about half-past 2,1 was in Stephen-street with Vian and Rowe, and while we were standing together we saw the prisoner coming along Stephen-street towards Tottenham Court-road—he tore up some paper and threw it down in the road, and then stopped and picked it up, and as he came to us he took some gold out of his pocket—I could not see whether it was a half-sovereign or a sovereign—I helped to pick up the pieces of paper I had seen him throw down in the gutter, and took them to my mother—she gave me back the same pieces, and I gave them to the boy Vian.
Cross-examined. Q. How do you say he was coming? A. Towards Tottenham Court-rood—Stephen-street runs into Tottenham Court-road—I was taken to see the prisoner in custody on Friday—I think it was about a week afterwards—the police, or some persons from the Post-office, came for me—they told me they wanted me to come and see whether the person in custody was the person who had thrown away the paper—they took me to where he was, and the Post-office solicitor asked me if that was the person—he was then in the dock, before the Magistrate, in his uniform as he is now—I cannot tell you whether the person who threw away the paper had an Inverness cape on—he had his bag in his band and the half-sovereign—I cannot say whether he had any letters delivering—he had none after he tore the paper up—I did not talk this over with the other two little boys afterwards—they live in my neighbourhood—we spoke to each other about it directly lie had done it, and we spoke about it the day after.
MR. CLERK. Q. Do you recollect what day of the week you went to the police-court, Bow-street? A. Friday, and I saw the prisoner on Wednesday.
mother, in Tress-street, Tottenham Court-road—on the afternoon of 30th October, I was in Stephen-street, and saw the prisoner there—I had known him by sight about three weeks—I had seen him round Stephen-street and Greek-street delivering letters—he has delivered letters about five times at my parents' house—on 30th October, about half-past 2 o'clock, I saw him tear up some paper and threw it away, and some money, and then he stooped and picked it up—he went on past us and I helped the other boys to pick up the paper—I am sure the prisoner is the man.
Cross-examined. Had he an Inverness cape on, whoever he was? A. No; he had not—I know what that is; it is a cape like mine—I had a talk with Mills and Vian about it next day, but did not see the prisoner till I was taken to the police-court—I know other letter carriers about there, by sight, delivering letters—I never spoke to the prisoner that I know of.
Francis Merchant, High Constable of Brathan, Herts; Benjamin Jones, Steward of the East India College, Hayleybury; Henry Perkins, coachbuilder of Ware; and Charles Kitchen, a tailor, of 5l., South Moulton-street, gave the prisoner a good character.— GUILTY .—Recommended to mercy by the Jury on account of his youth and character.
Four Years' Penal Servitude.
MR. LILLEY, for the Prosecution, offered no evidence,— NOT GUILTY .
45. ELLEN SMITH (32) , Feloniously casting over Richard Chapman a certain corrosive fluid, with intent to maim and disable him. Second Count, to disfigure him. Third Count, to do him some grievous bodily harm. She PLEADED GUILTY to the Third Count.— Three Years' Penal Servitude.
THIRD COURT.—Wednesday, Nov. 27th, 1861.
PRESENT.—Mr. Ald CARTER; Mr. Ald. DAKIN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
HENRY WALKER . I carry on business in Gresham-street, and have also a factory at Alcester, in Warwickshire—I have been obliged to reside at the factory for the greater part of the time, in consequence of ill health—I have been laid up in London for eight or ten weeks when I have been obliged to come up—I am a needle manufacturer—the prisoner has been in my service—in the first instance he was engaged out of doors as town traveller, at 25s. a week, his own proposition—he entered my service about April, 1858—in the beginning of July, the same year, I took him indoors—I paid him then 35s. a week, my proposition—I increased it to 40s. at the following Christmas—I also gave him a bonus the first Christmas—the word "partnership" was never mentioned between ourselves in any matter of
business—the first intimation of that was when I received Mr. Clark's letter—the prisoner entered his salary every week after 1st July—he was to open all letters and reply to them; to receive all monies and to account for them, or get the work done by those under him; he was responsible for them—all monies received on account of my business were to be paid in to my bankers—he had no authority to indorse drafts—he had authority to sign country cheques for paying in, and to draw bills on customers; but not to indorse them—if a customer in the country sends to us that they have a payment to make at Barclay's, we send to Barclay's for the cheque, the cheque is brought into the warehouse, and he signs it by prosecution—he had authority to do that—he had no authority to indorse drafts or bills—he has made application to me on the subject more than once.
MR. ROBINSON. Q. What did you tell him by word of mouth? A. I refused it, certainly—he wished to have the power of indorsing any draft, and I refused—he said, "Give me authority to indorse drafts and cheques to order"—I refused that authority—I said, "No; I will not give that privilege to any person—I came up to Loudon in June last, to take possession of the stock books, and see what was going on—I was then in better health, and I came to attend to my business—I told Josslyn that I had come to look into my business—he said nothing particular; I just came to the place, and attended to the business—we had conversations subsequently—when I Had looked at the books I found entries in the "Accounts received book," which are falsely made.
MR. CHAMBERS. Q. Are those all in Woollard's handwriting? A. No; in Josslyn's handwriting, those I am now speaking of—we call this book the "Cash accounts received," meaning what he has received from customers for goods sold—ready money would come here; and remittances from customers; everything paid for goods sold.
MR. ROBINSON. Q. Each day is headed, and the receipt for that day are put down in that book? A. Just so—I called Josslyn's attention to the entries of 4th July, 1861, and demanded an explanation—they are entries from various country customers, and they are supposed to be amounts received by Hitchman, the traveller—he had been that ground in April and May, and he had another journey subsequently; that is entered before this—it would be Josslyn's duty to see that Hitchman gave in an account when ha came from a journey—I asked, Josslyn how that was, and he referred me to Hitchman for an explanation; after that answer we parted—there are some entries here that give false dates—the post-marks are by Woollard; that is, the postings of the ledger.
COURT. Q. Do you mean merely that the references at the side are in Woollard's handwriting, or the posting itself if in Woollard's handwriting? A. The postings themselves, I apprehend, are in Woollard's handwriting.
MR. CHAMBERS. Q. I understand you to say that when you referred to the ledger, you found the entries in the ledger were in Woollard's handwriting? A. I believe so, but I would not swear it without looking again at the ledger; it is not at all by that assistance that I am enabled to say that they are wrong.
MR. ROBINSON. Q. How do you mean that they are false? A. They are false in this instance first of all, from being entered on 4th July, when the journey was taken subsequently—here is one entry, "Parsons, Colchester, amount received 5l. 18s., 6s.; 7d. discount"—this is entered on 4th July, in Josslyn's writing. (The ledger was here handed to the witness).
MR. CHAMBERS. Q. Is that in the ledger, in Woollard's handwriting? A. Yes—the whole of the ledger is not in Woollard's writing—this credit that I have referred to is.
MR. ROBINSON. Q. Did you have any conversation with Josslyn respecting that entry? A. respecting the whole of it—I did not refer to the entry in the ledger, in his presence—I had this book open before me—I said, "I want to know what these entries are—he said he must refer me to Mr. Hitchman; Hitchman referred me to Josslyn—on the face of it, it is an account received by a traveller on the journey he has been—the first matter wrong in it is this, it is entered on 4th July, and the monies were received in April—the entries are here, and Josslyn's private marks are over them, showing when they were received—this book purports to show when they were received—there is a private entry over Parsons of Colchester, showing that it was paid on 26th April.
COURT. Q. But it comes under the head of 4th July? A. Yes; (reading) "Parsons, Colchester, 5l. 18s" over it are the figures "26," and above that is "April"—on looking at that I understand it to mean that the money was received on 26th April—I had an explanation also from Woollard about it.
MR. ROBIHSON. Q. Would it be the duty of Josslyn to receive those monies from Hitchman, or to account for not having received them? A. Yes; it would—at the end of the journey the course would be to balance the journey's cash, to settle between them—Josslyn has told me that Hitchman was behindhand—129l. 17s. 3d. is the amount of all these sums on 4th July, and not paid in—I could get no explanation from Josslyn.
COURT. Q. What do you mean, not paid in? A. When Hitchman comes up, what money he has not sent up by post he should pay in.
MR. ROBINSON. Q. The first column takes the amounts of traveller's receipts? A. Yes; and the third column the payments in to me—there was some explanation of the stock accounts that were wrong—he could not explain it—I discharged him—he left in reference to these very matters—that was the final conversation we had—I know that Mr. Clark is the gentleman who is now defending him—I received a letter from Mr. Clark in August—I had a customer of the name of Mrs. Halford, at Warwick—this letter from her has been, found amongst the documents—I found it amongst the papers in Josslya's possession, when I went to take possession—(MR. CHAMBERS objected to this letter being read until he had cross-examined as to where it was found, and about its being in Josslyn's possession. THE COURT considered that it must of course be shown to have come from the hand of the prisoner, but would admit it if it was pressed. MR. ROBINSON stated that he should prove it to be in Mrs. Halford's writing).—The indorsement per prosecution is Josslyn's—(read: "Warwick and Warwickshire Bank, three days after date, pay to Mr. H. Walker or order, 2l. 3s. value received, 19th September, 1860, indorsed p. p. H. Walker—that is the prisoner's handwriting—he had no authority whatever to indorse that document—this (produced) is a book for letters received—if you will give me the date of the letter you have there I will refer to it—at 20th September there should be an entry of the name of Halford, and the sum of 2l. 3s. against it—the name of Halford, Warwick, is here on 20th September, and no money given—when he received that money it would be his duty to eater it in this book—in the cash received book there is no entry on 20th September of the name of Halford nor on any day before or after—there is no account whatever in the book for 2l. 3s. from Mrs. Halford—it was his duty to tend down to me accounts with the amount of monies paid in—that
would inform me of the name of the customer from whom the money was received—this (produced) is the ticket.
MR. CHAMBERS. Q. Was it A weekly or daily ticket, or how? A. Made out as occasion would require—the cash was always balanced in the general cash-book at the end of the week—his instructions were that when he had 20l. he should pay in, or when he had more than 20l.
MR. ROBINSON. Q. That book contains an account day by day of the monies received by him? A. Yes—(The bankers ticket being read, consisted of various items) those amount to 51l. 3s. 5d.—the bankers have received that money—I cannot tell at all how the various monies have been paid, what cash or notes; at a distance of 150 miles it is impossible to tell—I am looking at the cash received in that week—the whole six days added together amount to 79l. 7s. 8d.—they are added and cast up in Josslyn's handwriting, for every day—they are cast up daily, and transferred to that book daily there is a weekly casting up of that book, and a weekly casting up from this book—the whole amount received is 79l. 7s. 8d.—there are two bills which make up that amount—he accounts in this cash-book for having received that sum from various persons, and 2l. 3s. is not included in that account—the amount of receipts on the 17th, is 15l. 4s. 2d.—that is made up of amounts received from several persons—(The witness here read several amounts from the ledger)—that altogether makes 79l. 7s. 8d—in the general cash-book I find all those accounts carried oat correctly as I have read them just now—on this side, is represented the amounts that he received during the past week—in order to discharge himself of that sum, he first of all sends me the two bills, for 17l. 11s. 9d. and 10l. 12s. 6d.—the banker's ticket is 51l. 3s. 5d.—adding those three together, they make up the sum of 79l. 7s. 8.
COURT. Q. He sends you two bills making up the balance? A. Yes; it was his duty to enter it in the ledger to Mrs. Halford's account, to give her credit for it, or to have it done by a clerk under him—the credit entries in this ledger are in Josslyn's handwriting; the debit posting are Woollard's—the casting up on the debit side is Josslyn's, and the casting is wrong—the debit side shows cast up, 7l. 1s.—the credit side is cast up 4l. 4s. 2d., and the debit side is also made 4l. 4s. 2d. by Josslyn—there are several entrier that have been mala since—as it is now put, it would appear to balance, and it is ruled off as though it were balanced.
COURT. Q. Are the credits rightly added? A. One is not added, the other is; but if you cast it up, the credits would amount to the same sum—the amounts are 4l. 2s., and 2s. 2d. discount, and the debit side is cast so as to show 4l. 4s. 2d.
MR. ROBINSON. Q. You know nothing about that 13s. 10d. I suppose? A. Nothing whatever—of these papers (produced), this is in Webb's writing, and this I presume to be Mrs. Halford's.
MR. CHAMBERS. Q. What do you call being in Josslyn's possession, were they open drawers, or was there a desk, or what was there? A. He had a desk with drawers—the drawers were locked when I went to them—he unlocked them and looked through his papers to see if there was any private matter that he wished to take away—his duty was to keep the desk locked—I cannot tell you whether they were always kept looked—when I went to his desk it was net open—the key was handed to me—the desk was locked up, and I opened it with the key and took possession of all the papers I found there—that letter was not in Mr. Josslyn's desk; it was with a parcel tied up, in the warehouse, Webb's letters and orders—Josslyn might either tie
them himself or put some one else to do it, as he pleased—his duty was to do the work, or get it done by persons about him—(a letter from Webb to the prisoner was here read stating that the account of his journey had duly reached him, and that he (the prisoner) had not credited Noon, of Leamington, last journey with cash 30s. Hart, of Warwick, 1l. 3s. 6d., debtor 1s., 1l. 4s. 6d.; and that Halford, of Warwick, had sent up to the bank 2l. 3s. and paid him 13s. 10d which amounted to 2l. 16s. 10d.—"Warwick, February 27th, 1861, to Mr. H. Walker; Sir, I hare returned your statement, not owing you for either of the items; on September 19th, I sent you a draft for 2l. 3s.; I paid Mr. Webb 13s. 10d., February 6th, 1861, ditto 4l. 2s. I owe you for the last order to Mr. Webb; send me the statement, I will remit you the amount and close my account with you, Yours respectfully, E. Halford)—Mrs. Pfeil is a customer of mine—there is no entry in the cash received book on 9th December, 1860, to 5l. received from Mrs. Pfeil—this letter is in Josslyn's handwriting—(Read: "47, Gresham-street, London, December 10th, 1860, Mrs. Pfeil, Madam, I have placed to credit your remittance of 5l., for which I am obliged; waiting your further favours. I am, yours respectfully, for H. Walker, Josslyn")—there is no credit to Mrs. Pfeil on that day in the cash-book—there is no entry of 5l. at or near that date—at April 16th, 1861; I have an entry in the cash-book to Mrs. Pfeil, of 5l.—there is no entry there of a receipt of 51. from a Mr. Emmens—(another ledger (M) was here handed to the witness).
MR. CHAMBERS. Q. Whose account is that that you are looking at? A. Ledger M is where the account begins, and it is transferred to other B. ledgers in the course of business—it is carried on to another folio here in C. ledger M, and one in the other ledger O.
MR. ROBINSON. Q. Have you told us there is no entry of the 5l.? A. There is no entry—there is an entry on 16th April, of 5l., the same folio at the cash-book.
MA. CHAMBERS . Q. Are they both in Josslyn's handwriting, in the cash received book, is that Josslyn's hand-writing? A. Yes; in the ledger it is posted by Woollard—Josslyn's writing is the original entry—that brings the account into my house—all subsequent transactions are minor; that is my opinion.
MR. ROBINSON. Q. Had you employed Messrs. Ashley and Tee to collect certain debts of yours? A. Yes; and I had given Josslyn directions with respect to them; that any accounts that were due which he could not recover in a reasonable time, they were to recover—I have the book of that Messrs. Ashley and Tee were to collect—I instructed Josslyn to out a ledger for them—this (produced) is the book in which he was to make out the accounts I wished them to collect—Gelding's account is transferred here—I find no entry here of a sum of 3l. 9s. to the credit of Golding—there is a debit—if he had received 3l. 9s. from Messrs Ashley and Tee on my account from Golding, it should have first come into the accounts received, and then here—it is not in the accounts received Mrs. Pfeil's account begins September 10th; on that day there is no account of her payment, in the cash received book—the 5l. does not appear—there is no credit whatever for any sum at or near that date—there is precisely the same condition with regard to Golding—there is no entry there whatever in the credit—the signature to this paper is in Josslyn's handwriting; the other part is not—(Read: "Walker v. Golding, received 15th October, 1861, of Messrs. Ashley and Tee, the sum of 3l. 9s. debt herein, signed for Walker by Josslyn")—a post-office order for that amount is paid in—this
paper gives an account of the money paid—it begins, "P.O.O.," post-office order—this is the banker's ticket issued by one of their clerks—in the cash receipt book on 15th October, there is no such entry as that of Golding—on that day in October or subsequently, at the end of the week, he gave an account of all monies received in that time; there is no entry of Golding's name at all, nor the amount of 3l. 9s.
MR. CHAMBERS. Q. At the end of the week, did not he send you that slip of paper that had passed through the bankers? A. Yes; be pays in the money order to the bank—he does not debit himself with the cash.
MR. ROBINSON. Q. How much does he admit having received at the end of that week, take the general cash-book and the cash received book? A. He takes 70l. 6s. 10d., but this week is balanced two weeks together, and the two weeks will require to be added together; and he has received by his own writing 10l. more; 10l. less one week, 10l. more the next; that balances the book—the account here corresponds with the account in the cash received book—that 70l. odd is accounted for in various names—on the 15th there are a number of items—I am referring to those in Josslyn's handwriting—on 15th October, there is (reading various names and accounts), that is one day, amounting to 43l. 10s.
Cross-examined by MR. CHAMBERS (with MR. LILLEY). Q. Tell me how long the prisoner had actually been employed by you before you quarreled? A. I must have my book if you want a very exact date—three years and three months—he was employed as my town traveller till the end of June, 1858—I was not my own manager at that time; a person of the name of Vernell was—he went abroad; to New Zealand, I think—I had no dispute whatever with him—I have had. many cases of embezzlement—I have charged four; they have all pleaded guilty—I have had about ten or eleven previously who have been dishonest—one brought an action against me for slander; an attorney's action—he recovered 5l.; damages were laid at 1,000l.—that must be three years and three-quarters, or about four years ago—that was before Mr. Josslyn came into my employment—Mr. Vernell recommended Mr. Josslyn to me—he became my manager in July, 1858—I had an establishment at Alcester—the establishment in London was at 47, Gresham-street, City—I can only, by referring to my book, tell what other persons were in my employ at the establishment at Gresham-street at the time I took him into my employ—I had a Miss Hill in the warehouse, and a Miss Cawthorne; I could tell you in a minute from my book—there were probably two more clerks; I think one was named Staff and the other was an errand boy—I sell needles at Gresham-street, wholesale only—that is our rule, but we have customers apply to us retail sometimes—any retail customer that could not get my goods would be supplied without hesitation—if you were to come in and say, "I cannot get your goods anywhere in the neighbourhood, "I should allow you to buy a packet of needles—the smallest packet we sell is, I should say, of one hundred needles—that would cost a shilling—I also supply the retail shops in London and in the country—I give credit to the retail shops in London, and to the customers in the country—I cannot tell you the number of accounts that were open in my books between the years 1858 and 1860—I should think very likely there were as many as between 1,500 and 2,000 open accounts, at one time and another—it is quite possible—those accounts were not all open at one time—there could not have been more than 1,500 open accounts on my books at the time he and I quarrelled; you may find that number of names—there is very little doubt that there were 1,500 names or more in the ledgers—my customers sometimes
order things by letter, and sometimes otherwise; sometimes through the traveller, and sometimes by calling—I do not call it a quarrel that we had—I had two travellers out in the country at the time Mr. Josslyn left my service—we have had two out constantly between 1858 and 1861—he has given commissions to other people who are not strictly travellers; commission travellers; I suppose about four or perhaps five, besides my regular travellers—the commission travellers transmitted orders as well as money—it was the duty of the travellers in the country to write letters from day to day as to what orders they had received, as well as what money they had received—it was the duty of Mr. Josslyn to open all the letters that came to my warehouse at Gresham-street, to see what orders were in them, and to see what monies were paid and transmitted—it is quite possible that he would find an order in one letter for so many different sorts of needles—it would be his duty to give the order out to be put up by other persons—at one time it would have been Miss Cawthorue's duty, at another time Miss Hill's duty—it would have been his duty to see that the orders were executed—I cannot say how many petty orders might come on an average in a day from the country for him to look to their being executed—if the traveller transmitted monies or cheques, the prisoner would have to account for them in his book—the travellers would send up what sums they had in hand, and he would credit them—they would send it up by cheque, or notes, or any way that would be convenient to them—the traveller might send up a bill of exchange sometimes if he chose; there would be no reason why he should not—if he had a bill sent by the customer he would, send it up—credit would be given to our customers—if they accept bills they come into the ordinary cash-book.
Q. Supposing one of your customers could not pay, and he said, "I will accept a bill for, we will say, 10l. at three months or so on," would that be sent up to the prisoner? A. The proper course would be for it to be drawn at the warehouse; it would not be sent up—it would be drawn at the ware-house, sent down for acceptance, and then returned to the warehouse—that was also the manager's duty; it was a very light one, probably two or three hills a week to draw—they would not average two or three a week—when 1 say two or three a week I put it at the utmost limit—it would be his duty also to exercise his judgment as to whether he could give that credit.
Q. You say sometimes the traveller would write and say, "I will have a cheque for you at Thompson and Company's," or something of that sort; "Miss Tomkins has directed her banker, Barclay's, to pay you 1l. 16s.; you will find a cheque there?" A. That might occur, but it would be a very rare thing—I gave him no power to indorse cheques—I have given a power of a limited character, which I can explain—the power is this; he is to sign cheques by procuration to pay in, but not to indorse—I wrote to my banker, in all probability, at the early part of the engagement, when he came in—my bankers are Puget, Bainbridge's, and Company—one of their clerks is here.
Q. It is a clerk who knows how often he has signed your name by procuration? A. The clerk has come for another purpose—unless this clerk knows how often from 1858 to 1861 he signed my name by procuration, I cannot tell you—the cheques to which I allow him to sign my name by procuration are cheques to be paid in, country cheques—the course of business is this: a country customer writes to Gresham-street and says, "Call at Barclay's," or some other house, "for so much money;" a person is sent to Barclay's country office, and inquires for a cheque, the name of H. Walker,
of the amount stated, from the town the party writes from; that is the first step; then the cheque comes back to the warehouse, and the thing is signed by procuration for H. Walker, by Josslyn—his duty, on receiving such a letter from a country customer, was to send for the cheque, not to go for it—I do not know that over and over again he went and signed the cheque by procuration—I am not certain about it—he would send some person, and that person would get a cheque from Barclay's, filled all but the signature, and then he would have to sign it—post-office orders used to come up sometimes—he would sign them, and pay them in to my bankers—sometimes country bank notes used to come up—there were commission travellers, regular travellers, and private customers writing from the country every day, with reference to orders and to payments; that is the ordinary course of business—I have no London travellers out at the present time—between 1858 and 1861 there were probably four.
COURT. Q. Were there ever four at one time? A. Not at one time.
MR. CHAMBERS. Q. How many had you out generally at a time? A. Generally two—I think at one time there was a commission traveller—the commission travellers get orders sometimes—it was not their duty to receive monies—they were not to collect monies—the regular town travellers did not collect monies; it was not their duty—Webb was a country traveller, not a town traveller—I have not the least idea of how many open accounts there were in the town district—I have looked into it—I have two town ledgers here that will give you the names of all of them—I should say the number is over five hundred—I am my own accountant—I have gone through my accounts; not so as to tell how many open town accounts there were for Mr. Josslyn to attend to—there could not be a thousand—I have taken it at five hundred—there were as many names of town accounts as five hundred on my books when Mr. Josslyn left my service, but, not as many standing open—some had been balanced—my belief is that I had not, at that time, more than five hundred town customers on my books—I cannot swear to it—I cannot tell you at all what is the smallest amount for which an account was opened in my books—it is quite possible for lest than 10s. with any respectable person; some for 5s.
Q. What is the lowest you would allow an account to be opened in your books? A It is not a question of what I would allow, when I am not present at the time—I cannot tell you the lowest sum for which an account has been opened in my book; may be a half-crown—my town travellers had not the privilege of collecting monies—the London customers sent their money, or they were called on by a clerk—Woollard the ledger clerk used to go round—I called him ledger or desk clerk—his duty was to make out invoices and collect monies, and so on—he used not to go round London every day—some of the customers came to pay at the warehouse—we have only one account for monies received—anything that was money he would enter.
COURT. Q. Supposing he received 3l. in the course of the day, were all the items specified? A. Yes; we do not ask all the customers what their names are.
MR. CHAMBERS. Q. Do you put "R M." for ready money? A. Yes; if a customer came from Lambeth to pay and account of half-a-crown it would be entered in his name; and if another came to pay 1l. we should enter it, and so on. Q. Can you give me an idea of how many entries he would be called on to make in that extended way? A. Here is an account, first day, two names, second day, four names, nine names the third day, five names the next, and one the next—that is about October 15th, 1860—when he had received half-a-crown from a Lambeth customer it would be entered
in that book—he would not enter that again—he counts up the day's monies and the cash accounts received, and then that day's money is carried to this book; each day is carried in—I had in the warehouse during the time, from 1859 to 1861, two females, Miss Hill and Miss Cawthorne—there would also be Woollard, Thorpe, Greenway, Jones a boy, and I believe there was another name, but I cannot recollect—they would not be there all at one time—there would be five in my employ at one time—it would be the two young ladies who would have the privilege of selling packets of needles, and receiving the money for them—if Woollard was out, at the banker's, they would be obliged to take the monies, and also receive debts that were due—Woollard would also do the same—it would be their duty to hand the money over to Josslyn—he would depend on the integrity of the others for what they gave him being all right—I do not recollect any other duties that he had to do, besides those I have enumerated—he did not come in the morning at half past 8 and open the establishment—he came at a quarter to 9—his time for leaving varied from half-past 6 to 7, and on Saturday earlier—3 o'clock is our time on Saturday—I really cannot tell how long that has existed—as soon as he had 20l. he had to pay the money into my banker's—that was the rule laid down; and another instruction was, that he should never pass a week without a balancing—he was at all times to balance the entire receipts on the Saturday—as he sent money to the bankers, he sent one of these slips of paper—they make their own investigation of that paper, and send it back—if he sent in a 5l. country note I cannot tell at all whether the bankers would know that he did so—I cannot tell whether the bankers would be able to tell whether that entry of "notes 40l." on 22d September, applied to country or town notes—there is a banker's clerk here—I cannot tell whether there is to anybody here who can tell you what amounts made up the 40l., and what kind of monies made up the 6l. 15s. 5d.—the slip of paper would be sent with the money—when that had got the initial of the banker's clerk, the prisoner transmitted it to me—how often he sent them to me would depend upon circumstances; for instance, how often he got them—when he had paid monies in, he sent me these down, and I kept them down at Alcester—I have a great many of them—the prisoner was suspended on 15th July, and discharged on the 16th, which was Tuesday, I think—it was in consequence of something in the account of Hitchman—I do not know what has become of Hitchman—he was in my service up to 20th June, or thereabouts—he was country traveller—I did not discharge him—he has gone away—I had him in my service about eighteen months, I think—I can give you the exact date.
Q. I believe as soon as the defendant was discharged from your service, or very shortly afterwards, he set up on his own account, did he not, very close to you? A. I do not know anything of that at all—I was in town for several days after I had discharged him—I know nothing of his being in business, except by report—I know the house 10, Huggin-lane, when I see it—it is perhaps sixty yards from my warehouse in Gresham-street—I have not been to the place where he was in business since the report reached me—I have not passed through it—I have not avoided it—I have been in Huggin-lane but not since the report—I cannot give you the date when I heard the report; it was a few days before he was taken in custody—it was mentioned by some one in the warehouse; I cannot say by whom—I cannot recollect how long it was after the prisoner was discharged, that I received a letter from Mr. Clark; it was more than a week after—I only know by the letter—that letter would, of course, inform me that by inquiry of Mr. Clark I could find out where he was.
Q. How long before you caused him to be taken in custody, did you know where to find him? A. I did not know where to find him at the time—it was about 30th October that I caused him to be taken into custody—he was taken in custody at Huggin-lane—that was supposed to be his place of business—the order was given overnight to the officer; wherever he could find him he was to take him—I did not know he was to be found in Huggin-lane; we thought he would be found there the was looked for there, and we found him there—he was taken to Guildhall within an hour or two of his being taken up, and there appeared Mr. Robinson, the attorney, and myself—I never sent to him and said that I had found an error in his accounts; that was at the conversation before he left us—there was never any any talk about a partnership—before he left I had taken the accounts received book and one of the ledgers to my apartments in Wells-street—I had done that perhaps two days before he left; I cannot tell to a day—I cannot tell whether they were at my place of business when he left; they were either there then or within a short time afterwards—my practice was to take them out and bring them back—I did not come up occasionally to look at the accounts; I am speaking of what occurred in July—my practice was to bring the books out in the morning and take them back in the evening, and sometimes when they were heavy, a boy did that for roe—that was the practice at that time—when I came up from the country I did not go through my books—it was my practice at that particular time to take the books away—I did it three or four times, night after night; that was since he left me—I never took away the books before he left me, previously to the date I have mentioned—there had not been any conversation between the prisoner and me, with reference to his having anything like a share or a commission for business that was done—the arrangement was made voluntarily on my side, if the business improved he was to receive a bonus, in addition to his salary—if the profits increased largely be would have a larger bonus—if they increased to a small amount he would have a smaller bonus—if there was no profit he would get nothing; and if there was a lass he would lose nothing—he was not entitled to a bonus until a profit was ascertained; then he was not entitled to it, but as a matter of gift—I must first ascertain from my stock books if a profit is made, to ascertain if there was to be a bonus, and if so whether it was a large or a small one—I had no communication from the attorney, applying to see the books—I received this letter from Mr. Clark on or about the date of the letter—(letter read; "August 17th, 1861. Sir, I have been consulted by Mr. Josslyn, with whom you have for sometime past carried on business as co-partners. I am instructed that you have removed from the business premises many of the books of account, and have taken means to prevent Mr. Josslyn having access to any of them. I have, therefore, on his behalf to request you will appoint some time and place where Mr. Josslyn, with his accountant, may examine all the books that have been in use since the formation of the partnership, and take an account of the business, &c. so that your respective interests therein may be ascertained. Upon hearing from you, that you are ready to comply with this requisition, Mr. Josslyn will, if you wish it, submit to you the name of the accountant he will employ, before, commencing the examination and taking of the accounts. I an further instructed to inform you, that if this request be not complied with proceedings will be commenced in chancery for the purpose of having the accounts taken there. Waiting the favour, of your reply. I am, sir, your obedient servant, THOMAS CLARK. To Mr. Henry Walker, 47, Gresham-street, City.")—I took
no notice of that at all—I was in London when I received it—(another letter read: "August 26th, 1861.—Sir, before commencing proceedings, I write again to request you will inform me whether you will afford an opportunity for the partnership accounts between yourself and Mr. Josslyn, to be taken. If I do not hear from you in the course of a week from this date, as my letter to you of the 9th, remains unacknowledged, I shall conclude you do not intend replying to my letter, and then shall act accordingly. I am, sir, your obedient servant, THOMAS CLARK. To Mr. Henry Walker, 47, Gresham street, City")—I was in London when I received that—I think it is more than likely that I had remained in London from the time when Mr. Josslyn was discharged, up to August 26th—I cannot say for certain—I was away for three days about that period, just before or just after—my books were all in my warehouse when I received that letter of Mr. Clark's of 17th August—I gave no answer to either of his letters in any way—I made no inquiries as to where Mr. Josslyn was—I cannot tell you when I first gave instructions to the police-officer to take him in custody—the instructions were in all probability given the day before—I had not submitted my books to an accountant—I had submitted them to my own examination.
Q. I see that Mr. Clark does propose that an accountant should be named by him and by you, to go through the books—that was as early as 17th August? A. That was for a very different purpose—I took his two letters to my solicitor, and begged he would take no notice of them—I did not write to Mr. Clark to say who my solicitor was—my books have never been submitted to a regular accountant; only to my own examination—I have been used to accounts all my life—I am more than an average accountant; I won't say a clever one—Mrs. Halford's case was not perfectly clear to me within a few days after he had left—it was more than a month before I found out anything about it, long after the end of August—I and my assistants got through the books before we found that out—Smith is one of my assistants, another is named Tngleman—neither of them are here—in Mrs. Halford's case, a draft was paid in to my banker's—he had no right to indorse that—I have not had the money for that draft—the banker's give me credit for the draft, but I have not had the money—they credit me with the amount of 2l. 3s., Mrs. Halford's draft on Glyn and Co.—I got a paper at the end of that week that had passed through the bankers—this is the paper—it is the banker's credit note, initialed by the bank-clerk—they give credit for Mrs. Halford's cheque—it is not entered in the cash receipt-book at all—it ought to have the name of Mrs. Halford as paying that—there is no sum of 2l. 3s. against Mrs. Halford's name there—the name is not written here—Mrs. Halford's name is not here at all about this date—the entry, "September 20th, Haines of Wend over," is Josslyn's writing, and also the 21st—I rely upon this book in the first instance—the next would be the general cash-book—this "N. W. bill," is a bill sent to me—that 10l. 12s. 6d. is a bill with another name—accounts received are on the left-hand side; paid to bank, on the right-hand—I cannot tell how long I discovered Halford's case before I gave the prisoner into custody—I should say six weeks after he had left—I had to go down in the country two or three times—I had to go through the books two or three times before I found it out, and made it plain to myself—I think in Miss Pfeil's case, there were two half notes sent up—her letters are in Court—my impression is, that she sent up the 5l. in two halves—I did take the trouble to investigate—it would not follow that two half notes would be paid into the bank, because we received two half notes—they may or they may not have been
paid into the bank—Miss Pfeil lives at Lincoln—I have not found out whether those two half notes were of a Lincolnshire note—I have not asked the question of my bankers or of Miss Pfeil—I have asked for the number of that note and could not get it from Miss Pfeil—I did not then find out whether it was a Lincolnshire bank-note—I never asked whether it was a country note—it was very recently that I asked the number of it—it was longer ago than when I gave the prisoner in custody that I asked the question—I have looked at the ledger with reference to that 3l. 9d. of Golding's—that is transferred to Ashley and Tee—I have got the account in the ledger, "Golding of Dart ford—the 3l. 9d. is entered as transferred to Ashley and Tee—the money has not come to me.
Q. I find here, in 1860, you credit them, or they are credited by cash, 2l. February 9th, then Ashley and Co. 3l. 9d. 1d.? A. Yes; he had not received that 3l. 9d. 1d. by the post-office order at that time—the account is "Ashley and Co. 3l. 9d."—that 3l. 9d. is entered to the credit of Golding—it doses his account—the post-office order of Golding is paid to the credit of the bank—the sum is here, and also in the post-office order—the prisoner was to put into the hands of Ashley and Tee a list of overdue accounts—on August 22d, he charges them with 3l. 9d. 1d. to be collected through the instrumentality of the attornies—they collect it, and he ought to have put in this 3l. 9d. 1d. that he had received from Golding—it is not there—Mr. Emmens is here, I believe—I have not the slightest idea what sort of a note he sent up—if anything came from Ashley and Tee's, I got the usual memorandum, or banker's receipt, so as to show what he paid into the bank that week—the prisoner gave me, up his keys previous to going away—he gave me up some money, not a considerable sum, about 37l. 0s. 5d. which was found in his drawer—that was the proper place for it—when I was examined at Guildhall, I did not know what sum he had given up—I had no book to refer to, and I did not know—I was examined at Guildhall somewhere about 12th November—I could not tell how much money I bad found in the drawer at the time I discharged him—I was not prepared to tell, I never counted it at all—I gave it to Woolard to count—it is not simply from Woollard's statement that I know the amount—the money was not out of my possession—I saw Woollard count it—the memorandum was made by Josslyn himself—he was not present when I caused the money to be counted—he gave me the money with his memorandum—I have got his memorandum—I had not it with me at the time I was examined, on 12th November—he did not make his accounts up when he left—we did not call on him to do so, nor to balance his books—he gave me the paper explaining his balance—I did not call on him to balance his books—he gave me several papers, explaining the balance to me—it was on the Monday that the money was given up, and then he gave me some memorandum with reference to the money that was in the drawer—I was examined twice at Guildhall—I was never asked the question whether he handed me over a sum of money on his departure—I never mentioned it—it was 37l. 0s. 5d.—part of it was the week's receipts—I could not call on him before giving him into custody, to come and explain those entries which he had wrongly, made or omitted to make; I did not do so—I never have called on him to come and explain how it is that I have found what I considered to be false entries—an order was given that he should be taken into custody, prior to my hearing that he was carrying on business in Huggin-lane—I cannot tell you when that order was given—it was given to the officer—I don't know whether he is here, I think he is—I cannot tell whether I gave it myself—
I think it was by me or in my presence—I did not, at the time I told Bull to take him in custody, tell him that he had nothing to do but to go and inquire of his attorney in Dean's-court to find him—I did not tell Bull that the best way would be to go to Mr. Clark's, and that Mr. Clark would give the prisoner's address—we knew where he lived, Queen's-road or King's-road, Chelsea—I do not know the number—I knew he lived with his father-in-law—to the best of my knowledge, he had lived with him all the time he had been in my service—I told Bull once to take him in custody, and then we stopped it—I wished to find some information—Woollard absconded about a fortnight after Josslyn went—I have tried to find him but cannot—another man absconded, not Hitchman; he has gone through the insolvent court—he is behind you now—I did not bring him here as a witness—I do not know where Hitchman lives—I have never inquired—the alleged cause for dismissing the prisoner was, that there had been some tampering with Hitch man’s accounts—I have asked Hitchman for information—I am not going to call him as a witness—he is going through the insolvent court a second time—I have not been up there as a witness—they have cheated me between them, without a doubt.
Q. How is it you have not taken Hitchman into custody? A. The matter is in the hands of my solicitor—I have not charged him with embezzling money—I believe the two have embezzled my money between them—I do believe that Hitchman has—I first believed that, when I saw those entries—Hitchman did not continue in my service after that—I first heard that he was going through the insolvent court by a notice he sent me about a month ago I should think—I have not been up to the Insolvent court to oppose him, it is too early to give any notice.
MR. ROBINSON. Q. What has Hitchman made you a creditor to the amount of? A. Hitchman says that he owes 55l.—that has been for monies that he has received on my account on the journeys—the report about the prisoner being in business in Huggin-lane has nothing at all to do with Hitchman, that I am aware of—I have not been up Huggin-lane, and do not know who Josslyn was in partnership with—when I was examined before the Magistrate I was not aware of the amount of cash delivered when Josslyn went—I produce these papers; they explain how the 37l. cash that he left is made up—it is made as part of the last week's statement, as regards the rest, there is a certain sum owing to his other credit—he has borrowed from the other cash 12l. which is deficient there—here is a paper in my handwriting that would show very clearly how that goes to make up the 37l.—these memoranda were made subsequently to my analysis of the account—the paper about the money that he left is not here—he left this paper with me, and another, which I have not here—this is the paper which has been left with the cash, and which has not been before the Magistrate—the cash corresponds with it, and it is initialed by the bank clerk as having been paid in—this account corresponds with the various accounts that he left—it was simply the last week's cash—there is no debit to the account of Golding—when an account was put into the book for Messrs. Ashley and Tee to collect, the prisoner's duty would be to enter it at the date that he transferred it to Ashley and Tee—the accounts were put into their hands in the spring—the 3l. 9s. should come into this book at once, and then it should come to the hands of Ashley and Tee—the clerks were not all in my service at the same time—I have had four who have embezzled; they have pleaded guilty—that has been at various times in twenty-eight years' trading—what I mean by light work is work that the prisoner could do in a short space of time—he never complained of
being overworked, or wanting more help—mine is a wholesale warehouse—sometimes I might not sell one shilling packet for a week—my retail trade is very little—I would much rather have been without it—I have bad occasion to bring actions in the Lord Mayor's court—the signature to that affidavit (produced) is in Josslyn's handwriting—I recollect about January; 1859, writing him a letter, inclosing him some amount for distribution-my letters to him were left by him in the drawers—(MR. CHAMBERS objected to these letters being read. THE COURT considered that they arm out of the cross-examination. Read—"Alcester, January 4th, 1859, Mr. J. U. Josslyn Dear sir, I in close herewith the returns which I think you will find by the day-book are correct. I am sorry to find the sum is much deficient of what I expected to reach; my undertaking, therefore, if strictly carried out, falls to the ground. There are, however, with diminished sales, some indications of better prospects. The returns are made at no greater relative expenses and I am inclined to believe there are less bad debts in the last six months trading, than in the corresponding period. The greater of course the returns, the less relative expense there ought to be; and the fewer bad debts, the less there is to be added to expenses in the shape of loss. Viewing all things, I am still inclined to do in part what I weald have preferred doing entire, if the trade had come up to the amount I therefore inclose herein a cheque for 25l. to be disposed of thus:—of the amount, 15l. for yourself, and 5l. for Miss Cawthorne, and the same for Miss Hill. There are many matters in the stock-books that will need great attention, more particularly all the larger articles in muslin; these are, or have been, helps to the amount of returns, but your trade for them is gone; the reason must be found out. If it can be altered here or by you, so much the better; but if not, we shall want something to make up for what will be future deficiency if not considered at once. The older articles, and in fact, every article in needles must be considered. The fancy box-trade is lost; the ridged eyes will be or should be extras. I have a heavy stock yet of all other goods, from six to eight millions of drilled eyed sharps; they are nothing in the needle trade. Sixteen millions were ordered one day recently in one order, I am told, at Redditch. Large orders produce quick cask returns; small orders the contrary. In the one case many profits are made in a year with the same capital; bat with me I only turn capital once a year This is the old style of trading and wants your greatest consideration with a view to alter it I have some articles you sell regularly which can be only made about once in five years, you sell so few; yet they are sold regularly, tons weight at a time. Hoping you will all feel satisfied with this inclosure, and wishing we may succeed better in the next six months, I remain, Yours very truly, H. Walker. Sales July 3d, 1858, to December 18th, 1858, 3,425l. 19s. 5d. Twenty-five weeks, average per week, 137l. 0s. 9d. Sales June 7th, 1857, to December 26th, 1857, twenty-seven weeks, net, 4,4741, 16s. 1d., add 2 1/2 percent, all discount being taken off, 109l. 17s. 6d., total, 4,584l. 13s. 7d. Twenty-seven weeks, weekly average, without the 109l. 17s. 6d., 165l. 14s. 8d.")
Another letter. "London, January 5th, 1859. To Mr. H. Walker. Dear sir, I have received yours this morning. Miss Cawthorne and self beg to offer our best thanks for cheque inclosed, and which folly satisfies us. I could hardly have expected under all circumstances to have equalled the amount of last year, considering when I came we had no travellers, and the first five weeks we did not average more than 65l. per week. We have not been so low since until last week; but I hope not to have another so bad,
and I am sure you may rely upon the utmost being done to carry out all your instructions to increase the business, &c. Signed, John U. Josslyn)."—That 25l. was sent entirely as a present—I subsequently to that gave Josslyn and Miss Cawthorne something, several times, in fact every stock taking I gave them something—they never made any claim on me for that sum as one I was bound to pay—it was never questioned that that was a gift—no question was ever raised—a conversation took place between me and Josslyn at the beginning of this year, not about giving him anything: it was of this nature, the profits had not realized what I had expected; but at the same time I told him that if they increased sufficiently, I would give him an advanced salary, the bonus system did not work—he assented to that.
ELIZABETH HALFORD . I carry on business at Warwick—I recollect being indebted to Mr. Walker in the sum of 2l. 3s. in September, 1860—I wrote him the note which is here, and inclosed him this draft—I never got any receipt for it—I recollect subsequently seeing Webb, Mr. Walker's traveller—the date of that is on the receipt, 3d October—I paid him the 13s. 10d.—he made a larger demand on me than that, and I wrote him a letter—I paid that as a balance, settling the amount.
Cross-examined. Q. Are you a customer still? A. Yes.
JOHN WEBB . I am a traveller in the service of Mr. Walker—I recollect on 3d October, 1860, calling on Mrs. Halford, of Warwick—I made a demand on her for 2l. 3s. beyond 13s. 10d.—she communicated to me that she had paid the 2l. 3s.—she paid me the 13s. 10d. and I gave her this receipt—I communicated to Josslyn on the order sheet that she had paid that 13s. 10d.—I transmitted it to him—I saw him after that—this letter was written by me on November 8th, on the journey after October 3d—I had seen Josslyn between those dates, and settled with him for the journey—a list of names were put down, and among them was that amount 13s. 10d.—the list has been searched for, and cannot be found—it was sent up in the ordinary way, stating that such a sum had been paid—I settled the account 13s. 10d. with Josslyn, with perhaps thirty or forty other amounts—the cash that I received was forwarded every day or every other day—I forwarded the 13s. 10d. the next day—I recollect calling on Miss Pfeil in January, this year, and in April also—I called on her on March 16th, and received the balance of her account, 4l. allowing 2s. discount—she said she had sent 5l. up—I cannot say whether I communicated that to Josslyn—I don't recollect—it would be my duty to do so—I should do so, in the ordinary course—it would be a great dereliction of duty if I had not done so.
Cross-examined. Q. Have you been charged with any mistake or defalcation of any kind? A. No; not making any mistakes in any way, nor for being short in my account—Mr. Walker has never charged me with anything—he said there was a balance due to him; but it was not any shortness of an account, and he investigated it—he found it was an error—he investigated that just in the same way as the other accounts had been investigated—he investigated all of them—he wrote me several letters about it, and then I went to see him, and explained it to his satisfaction—I was some little time before I was able to do that—I was called on to give him some promissory notes—I was called on for those a year before, and it was on those grounds that Mr. Walker asked me, during this affair, for a settlement of the accounts—I did not owe them, the account was not correct; that was a year and a half ago—in the early part of this investigation all
the accounts were gone into—my accounts were gone into about a fortnight or three weeks after Mr. Josslyn was discharged—I went to the warehouse, and then it was found that the balance was not against me.
MR. ROBINSON. Q. When Mr. Walker mentioned to you that he had got an account against you, did he say whether it was from his own knowledge or from information he had got from Josslyn? A. From information he had got—it was added up in Josslyn's handwriting—I satisfied Mr. Walker that my accounts were correct.
COURT to MR. WALKER. Q. Had Mr. Hitchman anything to do with the books? A. Nothing whatever; he kept no entries in them, and had no access to them in the discharge of his duties—he had nothing to do with them.
EMMA PFEIL . I carry on business at Lincoln, and have a fancy repository there—in December, 1860, I owed Mr. Walker 9l. 2s.—I sent up a 5l. note in December, 1860, and received this receipt from Mr. Josslyn—in March I paid 4l. to Mr. Webb—a larger demand than that was not made on me—the account was 4l. 2s.—there was no statement made to me about any previous statement in December—we had previously received false statements about money that had been paid—I did not pay 5l. in March or April, but I paid 4l. in March of the balance of my account.
Cross-examined. Q. Did you send up 5l.? A. Yes; it was a Liucoln note as near as I can remember; I would not be positive—I did not tell Mr. Walker that it was a Lincoln note when he spoke to me—he did not ask me such a question—he did not ask me to inquire where I had got it, so as to be able to trace it—I could not have traced from whom I got it if I had been directed to do so—my impression is that it was a Lincoln note—we have very few Bank of England notes.
MR. ROBINSON. Q. How many banks have you at Lincoln. A. There are two.
THOMAS EMMENS . I live at Abingdon, and keep & fancy repository there—I sent up to Mr. Walker a 5l. note in two halves—I got a receipt for it—I sent one half up about 9th April, and the other about 15th—these are the receipts that I got back.
Cross-examined. Q. Was not the second half as early as the 13th? A. cannot say; I think it was very probably the 14th—I am confident I did not send it on the 12th—I do not think I sent it as early as the 13th—I cannot be quite certain—I did not send the second half as early as the 13 th—I am under the impression that I sent the remaining half on the Sunday evening; Sunday or Monday—it was a Bank of England note—I have not got the number—I could not get the number—I received a letter from Mr. Walker about the note, but was not able to trace it in any way.
COURT. Q. How long after you sent the second half did you receive the acknowledgement? A. I think it was two days—I received it on the 17th.
MR. WALKER (re-examined). There is no entry in the cash received of 5l. as received from Mr. Emmens—there is a 5l. entered to Miss Pfeil on the 16th—no 5l. has been entered to her in December.
MR. CHAMBERS. Q. Have you got the bankers receipt note of that date, so as to show what was paid in? A. It is in court—I keep a bank-book; it is here.
JAMES OGILVIE STEWART . I am clerk to Messrs. Ashley and Tee—I received on 15th October, 1860, a post-office order for 3l. 9s. from Mr. Golding, I took it to Mr. Josslyn, and got from him a signature to the receipt that is here.
MR. CHAMBERS submitted that there was no case proved against the prisoner;
that hit duties were to receive money, which he was to pay into the bankers, and in the three cam charged they had not shown that he omitted to do to; that in Mrs. Halford's case the money was in the shape of a draft, which he had paid in, and had never received a farthing upon it: it therefore was not embezzled: that in Miss Pfeil's caset he granted that the prisoner had received the 5l. on account of his matter, but that the note which might have been traced had not been traced, and therefore they had failed to prove that it was not paid in to the bankers at the time it ought to have been; that on 9th December there was a large sum of notes paid in and they ought to have shown that the note in question was not included in them: that in Golding's case, the prisoner did enter the post-office order for 3l. 9s. to the bankers' account, and therefore it was not embezzled by him; and that in all three cases, the sums were given credit for, or actually paid in to the bankers.
MR. ROBINSON, in replying to the objections, was stopped by the COMMON SKRJEANT, who was of opinion that the case must go to the Jury.
The prisoner received a good character.
NOT GUILTY .
There were other indictments against the prisoner which were postponed until the next Session.
FOURTH COURT.—Wednesday, November 27th, 1861.
PRESENT—Mr. RECORDER and Mr. Ald. PHILLIPS.
Before Mr. Recorder.
MESSRS. CRAWFORD and POLAND conducted the Prosecution.
JOHN BRISTOW . I am barman at the Bell and Anchor public-house, Holborn—on 8th November, the prisoner came there between 10 and 11—I served him with half a quartern of rum, and half a pint of beer, which came to fourpence—he gave me in payment a bad florin, and I gave him in change 1s. 6d. and twopence—I put the florin in the till—there was no other florin there—the prisoner then asked me for some gin, and I put some in a bottle for him—it came to five pence—he put down another florin—I looked at it; it was bad—I said, "This is a bad one; this won't do"—he said, "Give it to me back again—I said, "I never return bad money—I then went to the till, and found the other florin there—I sent for a constable and gave the prisoner into custody, and gave the two florins to the constable—the one in the till was bad—there was a woman with the prisoner; his wile, I believe.
Prisoner. Q. Did not I come in alone first of all? A. I don't know; I do not know whether the woman came in with you; she was with you—I looked at the first florin at the time I took it, but did not notice whether it was good orbed.
WILLIAM ELDRIDGR (Policeman, E 85). I took the prisoner on 8th November, at the Bell and Anchor—he was given in charge by the last witness—I received these two florins from him (produced)—I searched the prisoner, and found a third bad florin in his right hand—this is it (produced)—the prisoner struggled with me, and he swallowed something; I did not see what it was; it made his mouth bleed—I also found twopence in copper on him—I did not find a shilling, or a sixpence—his wife was there at the time.
Prisoner's Defence. I leave it for you to judge, when I went into the house, what I wanted to change a second 2s. piece for, when I had the change in my pocket. I had been making too free with drink; I was out sometime before I went in the second time. I was coming home and I met my wife, and all I had I gave to her previously to going in. We went and had something to drink, and the only money I had on me was the twopence which the officer found. The one that the policeman took from my right hand was the one I gave to the barman, and he gave me back. The policeman knows I have a good character.
WILLIAM ELDRIDGE (re-examined). I have known the prisoner nine or ten years—I have never heard anything against him—he keeps a sort of general shop, a butcher's shop.
MR. CRAWFORD. Q. Have you not heard that he has been charged since this offence? A. No, not to a certainty.
Prisoner. I say, standing here as a living man, that I did not pass one counterfeit coin, let alone three.
GUILTY .—Recommended to mercy by the Jury on account of his previous good character. Confined Nine Months.
MESSRS CRAWFORD and POLAND conducted the Prosecution.
HENRY PETT . I am eleven years old and live at 56, Weston-street, Pimlico—I remember on a Tuesday in this month being near Mr. Bates' shop at a quarter to 1—he is a greengrocer—while I was there the prisoner came up and asked me to go and get A pennyworth of carrots from Mr. Bates', and he would give me a penny—he said that he had had a row with Mr. Bates the other night and he did not like to go himself—I said that I would go—he gave me a bad shilling—I did not know it was bad—I took it to Mr. Bates' shop and gave it to him—he spoke to me about it and gave me the carrots—I went out with the carrots to find the prisoner, and Mr. Bates went out some yards behind me—when I got out I saw the prisoner some distance from the shop; I pointed him out to Mr. Bates—the prisoner was talking to a lemon boy at the time—he ran away as soon as he saw Mr. Bates—I left the shilling with Mr. Bates.
Prisoner. Q. Did I say to you that I bad had a row with Mr. Bates? A. Yes; I am quite sure about that.
WILLIAM BATES . I am a greengrocer in Effingham-street, Pimlico—I remember the lad coming to me on Tuesday, 12th November, about 1 o'clock—he came to purchase a pennyworth of carrots—I served him and he handed me a counterfeit shilling—I gave him the carrots and told him to take them on, and I would come after him—I said before that, "Who are they for, Harry?" and he said, "A costermonger—I said, "Who is it?"—he said, "I have seen him, Mr. Bates, but I do not know him"—I then told him to take the carrots and point me out the man—I followed him about fifteen or twenty yards—the prisoner was about twenty-five yards from my shop—as soon as he saw me, he took to his heels and ran.
COURT. Q. What did the boy do to point him out? A. With his finger in that manner—he did not speak—I told him not to speak—I had not said a word before the prisoner ran away—I have never had any quarrel with him—I believe I have seen him before—I ran after him about a quarter of a mile—he went under the railway arch through a gateway there, over the railway fence, over the line and the next fence, and into the water-works ground—he pulled up there, and I caught him—he put his hands together
and laid, "So help me G—I am innocent—I believe those were the words—I was out of breath with running; I did not speak to him—a constable was on the other side of the fence, and I gave the prisoner aud the shilling into his charge.
WILLIAM WALDRON (Policeman, B 239). The prisoner was given into my custody by the last witness—I saw the shilling at the time, and Mr. Bates gave it to me at the station afterwards—this is it (produced)—I searched the prisoner and found a half crown, a sixpence, and a fourpenny bit, all good money, on him.
The prisoner's statement before the Magistrate was here read at follow: "I was out with herrings on Monday and I took this shilling, and laid of seven and got eight. I had only earned this bad shilling. I met this young fellow and asked him to go and get the carrots for supper. I did not tell him I had quarrelled with Mr. Bates.
Prisoner's Defence. I am innocent of it.
The witness Pett stated that he saw the prisoner, just before, give a shilling to another boy to get some apples at Mr. Bates'. MR. WEBSTER stated that this shilling was bad, from the same mould as the other.— Confined Six Months.
MR. METCALFE conducted the Prosecution.
GEORGE VIRTUE . I live at Oakland's-park, Walton-on-Thames—the prisoner was in my service as cook—she had been about three months with us—this cheque (produced) purports to be drawn by me on the London Joint Stock Bank—it is not in my writing, or written by my authority—I knew nothing of it till the officer came down with it—the prisoner was left in the house on Sundays when we went to church—she was the only servant who remained in the house—I kept my cheque book in a small breakfast room, in a desk, but not locked—she had access to that room among other rooms—the door was left unlocked—she had no business there—I never saw her write till the officer asked her to write my name, when he came down to take her into custody.
Cross-examined by MR. ORRIDGE, Q. Would anyone coming into the house have access to that breakfast room? A. Yes—I have understood since that a man named Manning used to come down to see her—I heard him say so at the Mansion-house—I never saw him before then—I had a good character with the prisoner—her sister is in ray employment now, as housemaid—her father and mother live close to us—the sister had been with us a year or two before the prisoner came.
FANNY BETTY . I live at 18, Craven-terrace, Bayswater, in the same house with Mrs. Elizabeth Bowe—on 29th October, I took a letter from the postman for Mrs. Bowe—I gave it to my mother—I did not see it given to Mrs. Bowe—I know the prisoner—I have seen her at that house—she was in the habit of sending letters to the house to Mr. Manning—he is Mrs. Bowe's brother—I know the prisoner's writing by taking letters—I often took in the letters for Mrs. Bowe and Mr. Manning, and I knew her writing—I have never seen her write—I have not spoken to her about letters—she has not said whether the letters were written by her or not.
Bowe—I did not see what she did with it—I came down again—I know the prisoner—I do not know her writing exactly—I have never seen her write.
ELIZABETH BOWS . I am the wife of Albert Bowe, of 18, Craven-terrace, Bayswater, and sister of Richard Manning on 29th October Ireceived a letter from Mrs. Betty—after looking at it I gave it to my brother—I broke the envelope, and the letter and the envelope were burnt in my presence—there was a cheque in that letter—this is it—the address on the letter was "Mrs. Bowe, 18, Craven-terrace, Craven-hill, Bayswater," and inside there was another envelope with "R. Manning" upon it—I saw part of the letter—I remember part of it—I have known the prisoner for three years—I know her writing—I have seen her write twice or three times, I cannot say—I have been in the habit of receiving letters from her—the writing on the envelope and letter was her's—I believe the writing on this cheque to be the same—my brother went up to the police-court to be examined—he was there taken with a fit and obliged to be carried out, and has been very ill ever since.
Cross-examined. Q. Where is your brother! A. At Salkham, near Kingsbridge, Devon—he went there last Tuesday week—I have not seen him since then—I saw the letter burnt by my brother—we did not look at the writing at the time—we did not know that he had anybody like this to deal with—I saw the prisoner write an address when she lived at Colonel Rowcroft's, and she wrote an address for me when she was leaving her situation to go into the country—I remember her going to Mr. Virtue's—my brother was in the habit of showing me his letters from her—I saw the letter in which she had written Mr. Virtue's name and address—my brother is a butcher—he has not been in any employment for five months—he has not been well—he was too ill to work—he did not go down very often to see the prisoner—I know that he was there on the Sunday—he did not always go on Sundays—I never heard him propose driving a cab.
MR. METCALFE. Q. Your brother was first taken into custody on the charge? A. Yes, and then the charge was withdrawn, and he was taken up to the Police-court as a witness—I saw my brother take the cheque out of the letter, and the week before that there was a letter, saying she had forwarded the money, and there was no money forwarded.
MR. ORRIDGE. Q. That is from the middle of the book, not taken from a consecutive number? A. Yes; the date of the last cheque that I drew was 16th October.
HATTAM WINDLE . I am cashier at the London Joint Stock Bank—Mr. Virtue keeps an account there—on 29th October, about 11 o'clock in the morning, this cheque was presented to me by a person of the name of Richard Manning—I at once saw it was not Mr. Virtue's signature, refused it, and the person who presented it was given into custody at that time.
Cross-examined. Q. You knew Mr. Virtue's signature? A. Yes; I at once saw it was not his.
GEORGE SCOTT . I am a detective officer in the City—on 29th October, I was sent for to the London Joint Stock Bank—I found Manning there, and he was given into my custody on a charge of uttering a forged cheque—in consequence of the explanation that he gave, I went down to Walton, and saw the prisoner there—I asked her if she knew Manning—she said,
"Yes"—I then asked her if she owed him any money—she said, "Yes, she had paid him some sometime ago"—I asked her if she had paid him any by cheque—she said, "No"—I said, "Did you send a letter to him last night containing a cheque?"—she said, "No"—I then produced the cheque in question, and asked her if she bad ever seen that cheque before—she said, "No"—I asked whether she wrote it, and she said, "No"—I had previously told her that I was an officer, and was making inquiries with reference to the cheque; there was a pen and ink on the table and I asked her to write the name of her master, putting a piece of paper before her—she began to write "Mr. Virtue," and I said, "No, George Virtue," and she wrote George Virtue—I then looked at the two, and in consequence of what I saw, I took her into custody.
Cross-examined. Q. You have told us that she said she had not sent him a cheque, did not she also say she had sent him a letter about a week ago? A. She did, and that it contained no cheque—I asked her whether she sent him a letter last night containing a cheque, and she said, "I sent him a letter about a week ago, but not containing a cheque; I never sent a letter with a cheque"—I have seen Manning since his examination; he is out of his mind—there is no medical man here to speak to his state, that I know of.
NOT GUILTY .
51. JOHN EVANS (20), and WILLIAM PICKARD (29) , Stealing, on 4th October, 1 bag, 1 pair of spectacles, 1 thimble, and 7l. 10s. in money, the property of Thomas Fossey, from the person of Naomi Fossey.
MR. COOPER conducted the Prosecution.
NAOMI FOSSEY . I am the wife of Thomas Fossey, an artist, and reside at 26, Hackney-road—about a quarter-past 5 on 4th October, I was passing along Crabtree-row, which leads into the Hackney-road—I had a leather bag, twisted round my arm, tight; it contained' a 51. Bank of England note, two sovereigns, and 10s. in silver, a pair of spectacles, a thimble, a piece of embroidery, and two linen handkerchiefs—a lad came up—I do not know which way he came—he ran at me, put his hand under my mantle, and got the bog, after a severe struggle—he pulled me down, and I was severely bruised—I have no doubt that Evans is the young man; he answers in size and otherwise; he looked like him—I called out "Stop thief!" and ran down the court—I turned back again—I was afraid of going after him far—I did not see the other prisoner.
Cross-examined by MR. COLLINS (for Evans). Q. You were very much frightened, I suppose. A. Yes, very much agitated—Evans was very much like the man—I did not see him again till I saw him at Worship-street—I there saw him in the dock, and I then said it was him—I did not know it was our case—I have no doubt it is him.
GEORGE HENDERSLY . I live with my father, a costermonger, at 16, Crabtree-row—on Friday afternoon, 4th October, about 5 o'clock, I was outside my father's door—I saw a lady coming along, and the two prisoners standing together—Evans took a bog she had, and ran down the court with it—the lady struggled very much, and he pulled her on the ground—she went a little way down the court and then turned back; the other prisoner stopped behind and then went down the next court—he was not above half a yard from Evans when Evans took the bag; he then stopped behind a little while and then went down the next court, which lead to Pickard—I had seen them together before this at the corner of the turning—I know them quite well.
Cross-examined by MR. COLLINS. Q. You had had a quarrel with
had you not A. No—I did not throw rats at him, and he at me; my father charged some one with throwing rats down his chimney; not Evans—I don't know who it was—I think Evans was taken in custody about the 29th—I saw him once before that, on the Sunday; not more than once—I did not know where he lived—I saw him about five or six days after the robbery, in the same place; on the ruins.
Cross-examined by MR. METCALFE (for Pickard). Q. A great many boys play there, do they not! A. Yes—this was about 2 o'clock in the afternoon.
RICHARD KENWOOD (Policeman, H 194). On the morning of 29th, I and Double took the prisoners into custody at 10, Collingwood-street—they were together, in one room—I took Evans, and told him he was charged with stealing a bag on the 4th, from a lady in Crabtree-row—he said "You have got me to rights this time; but I thought it was all forgotten before now"—I then took him to the station, and he was identified by the boy—I afterwards went back to the house and found five handkerchiefs, two with the names cut out—I did not find anything belonging to Mrs. Fossey.
The COURT considered that there was no case against Pickard.
PICKARD— NOT GUILTY .
EVANS— GUILTY .*— Four Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
ROBERT BRUCE DURHAM . I am a shipowner, and reside at Stock-lodge, Ingleston, Essex—on 17th October, I was walking along Bishopsgate-street, about ten minutes past 6; and passing by Catherine Wheel-alley a man passed out, brushing me as he passed—I turned to avoid him, and the prisoner came on this side, rendered this arm powerless, took my watch and chain out of my pocket, and rushed up the alley—I am quite sure he was the man—I pursued him three or four steps, and then saw two women standing in the court—they stopped me and said, "Have you lost anything, Sir?"—the prisoner then seemed to have gained on me, and I went back and got a policeman—I paid 35l. for the watch, and the chain, which was a present, was 25l.—I have never seen them since.
Cross-examined by MR. METCALFE. Q. Where did you next see the prisoner? A. At the Bishopsgate-street police-station, amongst ten or twelve others; there were two or three officers there—a letter was written to me by the inspector, to come up to London, and I did so—the police officers took me into the yard, and the prisoners passed in procession before me, and they asked me to point out the man who robbed me—there were some of his age and appearance—no signal was made to me; I am quite sure of that.
GUILTY .**— Four Years' Penal Servitude.
OLD COURT.—Thursday, November 28th 1861.
PRESENT—Mr. BARON BRAMWELL; Mr. Ald. CARTER; Mr. Ald. ABBISS; Mr. Ald. DAKIN; and Mr. COMMON SERGEANT.
Before Mr. Common Sergeant.
PLEADED GUILTY .**— Six Years' Penal Servitude.
Before Mr. Baron Bramwell.
MESSRS. CLERK and BEASLEY conducted the Prosecution and MR. RIBTON the Defence.
GUILTY of the attempt.— Ten Years' Penal Servitude.
MESSRS. METCALFE and TAYLOR conducted the Prosecution.
HENRY BURKE BERRYMAN . I am the brother of Edwin Berryman, the captain of the brig Milo—she is now in the West India docks—on 28th of May she was at sea—I do not know whereabouts; I did not navigate her—we were going from Liverpool towards Cuba—the prisoner was on board the vessel as an able seaman—there was also a sailor on board of the name of Pratt; he was also a man of colour—on 28th May the master was endeavouring to put Pratt into irons for not doing as he was told, or something of that kind—he was violent, and resisted—while that was being done, the prisoner cam down from aloft, and called out to Pratt, "Don't give in to the b----"—he called that out several times; besides that he used other expressions; I do not recollect what they were; they were inciting Pratt to resist—Pratt was ultimately put into irons—four persons were engaged in doing that, the chief mate, the second mate, the steward and I—the captain was at that time in the cabin—after Pratt was put in irons I came on deck—the prisoner was standing at the poop—the captain told him to go forward; to go down on the deck—he gave the captain some insolence at the time, but he went down after a time into the forecastle—the captain told him to go to his work—he was blacking the mainsheets, I believe—he did not do it—he went into the forecastle—the captain asked him several times to come out and he refused to do it—he said, "Come in and take me, you b----; come in and take me"—he said he would not come out—after he had been asked for some time, I and the second and chief mates went into the forecastle—the chief mate then asked him to come out again—he had been there about a quarter of an hour at that time—during that time the captain was endeavouring to get him out to his work—when the chief mate asked him again, he said he would not come out, and refused the same as he did before—the mate then attempted to take hold of him, and he went to resist, and we all laid hands on him, and he drew his knife in the struggle—he took it from his back—he had it concealed behind him, in some place or other—he had not a sheath on—it was a knife that goes into a sheath—I should think the blade was six inches long—this is it (produced)—he stabbed me with it in the rump—it was done violently—I think it went in about an inch and threequarters, the doctors say—the blood flowed very much—he said about the time he struck me that he would have the life of one of us—I do not recollect exactly when that was; it was before he struck the blow; before we went into the forecastle—he could not be taken—we went out of the forecastle, and the captain ordered him to be battened into the forecastle—we could not take him without—he fired bottles several times; not while I was in the forecastle—I saw some bottles thrown out of the door and window—that was
after to had gone out—I think they were thrown at the captain principally—they were large glass bottles, and a stone bottle also; some of them were smashed—one struck the captain on the nose, and cut it considerably.
Cross-examined by MR. RIBTON. Q. Was Pratt, who was put in irons, a black man? A. Yes; and there were two other black men on board—the crew consisted of eight, four white boys and four black men; I do not include the captain—I include myself amongst the boys—toe prisoner had been up aloft that day blacking the sheets—he spilt some of it—I do not think it was by accident; I think he did it purposely—he said he could not do it, and the captain went aloft and did a little of it for him to show him that it could be done—I can't say that there had been a good deal of unpleasantness between him and the captain fur some days—he was always giving insolence, and I think the captain punished him at one time—he put him in irons—it was on 13th April that he punished him the first time—I can't say how long he was in irons then—it was for giving insolence—I was not on deck at the time, and do not know what it was for—I do not think he was punished between 13th April and the 28th May; not to my knowledge—on the 28th May he was struck by me in the scuffle, when I was stabbed—I struck him with an arrangement I had made, and which I kept in the cabin as a defence; I was always afraid that something would occur; he was always a very disagreeable man; I had four revolver bullets, and I put some paper round them, and put a lanyard on them; and always had it in the cabin where it could be got in a moment if the fellow should attempt my life—I think I struck him with it that day; I could not swear to it—I could not swear that I struck him with it before I received my wound, and I could not swear that I did not—I have not said that I struck him with that instrument—I struck him with my hand in the scuffle—I had this weapon with me when I went into the forecastle—I do not know whether or not I only struck him with my hand, I intended to if it was necessary—I did not see any one else strike him—he was fired at—the mate fired at him with a pistol charged with peas—that was not before the scuffle—he was not fired at before I received the wound, not to my knowledge—three of us went into the forecastle after him, the mate, the second mate, and myself—we were all armed; the mate had a pistol loaded with peas, the second mate had a wooden heaver, and I had the instrument I have described—he was not struck by any of us before I felt the wound; I swear that positively—I am not sure whether I struck him with the slung shot or not; but I did not strike him with it before I received the wound, nor did I see the others strike him—no shots "were found in the prisoner afterwards—he was fired at with peas—he was not hit—the doctor examined him at Cuba, and there was no mark whatever—when we went into the forecastle I think the mate said to him, "I want you to go in irons"—the prisoner did not reply, "Mr. Mackie, you had better mind what you Are about"—I don't know what he said; he very likely said something—I did not see the mate take him by the collar; I was close to him—I think the mate put his hand upon his collar—I did not then go up and strike him on the head with the slung shot—he was not knocked down in the scuffle before I was wounded; I swear that—I did not see the boatswain strike him with the heaver, and I do rot believe that he did—we attempted to drag him out of the forecastle—I caught hold of him to attempt to drag him out—we were not all three dragging him out—I caught hold of him to Attempt to do so; that was before I was wounded—the others were going to lay hold of him when I was stabbed, but they did not—it was after I was wounded that the captain fired at him—he did not fire at him; he fired into the forecastle
while the prisoner was there—we left him in the forecastle—I can't say how often be tired into the forecastle, two or three times; twice I think it was—he did not fire at him, because he had no chance, he was in a corner—he did not intend to hit him, it was merely to intimidate him, that was all—I did not see him holding up his pea-jacket to save himself from the shot—it was not after the shots had been fired at him that he flung the bottles out; it was before, and after also—I did not see the mate point his pistol through the stove-hole—the boatswain is second mate—I did not hear the captain order him to bore a bole on each side of the forecastle, large enough for a ball to go through; nothing of the sort—we kept him somewhere about two days and two nights in the forecastle.
COURT. Q. How did he get out at last? A. He was taken out by the police at Cuba.
MR. RIBTON. Q. Did you ever hear angry altercations between him and the captain before I A. No; I cannot say that I did—I never heard the captain say that the mate should take a hand-spike and lay him stiff on the spot—the captain never allowed the mate to strike him—I never heard him say anything like, "Mind what you are about or I will sacrifice you before you get to Cuba"—I did not hear the prisoner say to the captain that he was born under the British flag, and ruled by the laws of the country; nor the captain reply, "D----the flag, I know what flag you shall belong to"—I did not hear him say, "You shall not have a farthing when you are paid off; for the last fifteen years I have been complaining of the likes of you, and this is the way I serve them—I heard nothing of the sort—my wound is still a little sore at times, with very much walking or anything—I never heard the captain call the prisoner a black son of a b----h—this knife was used by the prisoner for work about deck—he carried it about with him.
MR. METCALFE. Q. You say the captain shot two or three times, could he have hit him where he was? A. No; it was utterly impossible; there is a torn in the forecastle, and he was behind it in a corner; the only object was to intimidate him—we did not succeed in getting him out; he was very violent—he is a very powerful man—we kept him battened up until we got to Cuba; daring that time his food was put through a hole in the forecastle—he was left there until the authorities at Cuba took him out—before be stabbed me no violence was used towards him except what was necessary to control him.
COURT, Q. Did yo bring him back to England? A. Yes—when he had got into the forecastle we told him to come out and he would not come; then three of us went in, and it was when I caught hold of him that I was stabbed—I fell over a chest that was in the forecastle—I had my arm on his shoulder or neck—he tripped with me, and then he struck me with the knife—I can't say which hand he had it in; I think it was the right hand—I did not put my hand on him very gently; not as I would to a friend—I merely took hold of him—I meant to pull him out to put the irons on him—he stabbed me, and that disabled me—the others he kept at bay with the knife and the bottles—I came out myself, and. the others came out too.
EDWIN WILLIAM BERRYMAN . I am master of the ship Milo—on 28th May, we were at sea about sixty or seventy miles from Cuba—some of the officers were engaged in endeavouring to put a man named Pratt, in irons—Pratt had laid up without any cause, with a small pimple on his finger; and he would not keep a look-out—we were getting close to the land, and were short-banded, having only four able seamen on board, with two boys—he was
violent; he would not go in irons, and aid the whole ship could not put him in irons—he was a black man—the prisoner was on the mainyard at the time, blacking the topsail sheets—he had left about two or three feet undone—the mate told him to go on with it, he said he would not and he could not—I then told him I would not ask him to do anything I could not do myself and I went up to the mainyard outside of him, took the brash and blacked the chain; I then came down, and told him to go on with his work, which he did, swearing, and he upset a bucket of tar upon a new mainsail—directly after this I sent the mate forward to bring Pratt to me, that I might look at his finger—while Pratt was being put in irons the prisoner came down off the mainyard, saying, "Don't go in irons, Jack; don't go in irons for the b----"—I was on the poop at that time—he used strong language besides this—I ordered him to go to his work—he used all kinds of expressions—"Go to h----and be d----d," and instead of going to his work he went into the forecastle—I waited until the others came up from below, from putting Pratt in irons, and we then went forward to the forecastle—I told the prisoner to come out and go to his work; he said he would not, and told us to come and take him out; and the first man that came in he would have his life—he kept singing out, "Come and take me you b----, come and take me—I talked to him and told him to go to his work, and I called the crew and told them that man would not go to his work, and that he was armed with a knife, which the second mate called out—I told him the consequences if he did not go to his work, and told him the mate was going to arrest him with the second mate and my brother, and if he used a knife I would shoot him. at that moment—I went to the forward window of the forecastle with my revolver, which was loaded with shot—they went into the forecastle, and the first I heard was some one singing out, "I am stabbed"—they ran out of the forecastle door, I came aft and saw that my brother was stabbed in the right hip—I then went forward to the window to try and see where the prisoner was, and he threw a large quart glass bottle at me, full of palm oil—it struck me on the nose and face, and cut me very badly—he threw numerous bottles after that, whenever we went past the passage—I then fired two or three times through the window—I could not hit him from where I was—I did not try to do so—I did it to try and frighten him—I could not have hit him if I had tried to do so—I did not hit him—finding I could not get him out, I had to batten him up in the forecastle till we got to Cuba; and I had to put a small foolish boy that I had on board, in the passage while it was done—if the carpenter had tried to batten him up without that, he would have thrown bottles at him, but I knew he would not throw at the foolish boy, so I stood him in the passage, and then battened up the forecastle—when we got to Cuba he was taken out by the authorities—I saw my brother's hip—there was a wound nearly four, inches long, and I think the doctor said an inch and three-quarters deep—the doctor is not here—he was examined in Cuba—it was a very bad wound; it bled very considerably.
Cross-examined. Q. Do you mean to swear that the prisoner was not struck with the shot? A. I did not see him struck—I did not afterwards see some shot lodged in any part of his body—I swear that—I did not find any of them in his pea jacket—they were not pointed out to me by anybody—Pratt was put in irons about 9 o'clock that morning—I think there was a cry of "murder" from him—that was before the prisoner came down—he come down immediately after Pratt was crying; but I do not think anybody could hear what he was crying—he was kept in irons about five
days, until we got to Cuba—I did not keep him in irons while we were at Cuba—he was taken on shore by the police—we did not get to Cuba two days after this occurrence—I think it was four or five days, but I will not be confident—when I came out of my cabin after breakfast, the prisoner was up aloft—I do not recollect saying to him that he was too comfortable there—I desired him to come down on the foot ropes—I won't swear that I did not say he was too comfortable there; very likely I did say so—he told me there was no hold on the foot ropes—very likely I said, "Then I must have you sit that way,"I do not recollect it—that was before he came down—I then went up myself and did what he was doing—it was after that that some of the blacking was spilt on the sail—I told him I would make him pay for it; then came the cry of "Murder!" from Pratt, and then the prisoner came down—I did not see anybody strike Pratt—I do not know whether the boatswain struck him—I did not see him—I came up with my revolver while Pratt was in irons and while the prisoner was on the deck—I desired him to go forward or else I would shoot him—I told him to go to his work, and if he came one step further I would shoot him—he did not say it was a shame for a man with a bad finger to be put in irons—he did not go forward until after Pratt was put in irons—when I said I would shoot him, he told me to shoot and be d—d, he did not care a d—he did go forward after that—I did not say to the mate, "Lock Pratt up, and then come forward and put the other fellow in irons"—I might have said it—I do not recoil act it—he did not ask me what I wanted him to go in irons for, nor did I say, "I will answer you the other way—he did not tell me that I had put him in irons once, and ill-treated him without any cause—I did not say, "I don't care; I will pot you in irons dead or alive" nothing of the sort—the boatswain had not a hand-spike in his hand; he had a wooden heaver—I did not tell him to knock the prisoner down with it—I swear that.
COURT. Q. Is the ship an English ship? A. Yes; with British owners.
MR. RIBTON. Q. Did you call the prisoner more than once, a black son of a b----? A. No; no language of the sort—I swear that—he did not say, "Captain, do you think it is the right way which you are treating me, on board your ship"—I desired the three men to go into the forecastle to arrest the prisoner—I did not say, "If the three of you will come in and put him in irons, I will go to the forecastle window and fire at him if he attempts to resist"—I did not fire at him—when I went round after he had thrown a bottle at me, I fired in the forecastle—I did not fire at him, because I could not shoot him where he was, from the very fact of how the forecastle is built—I tried to intimidate him; I did it for no other purpose—I saw the three men go into the forecastle—I did not see what took place in the forecastle, because I was forward—I went forward in order to protect them with my pistol—I could not see into the forecastle—I could see a part of it, but not where the prisoner was—I did not see him struck by anything and knocked down—I did not see the wound inflicted—I think I fired at him afterwards with ball; that was in order to frighten him—I did not fire at him; I fired into the forecastle—I desired the boatswain to bore a hole in the forecastle; that was to admit air—it was not through that hole that I fired the ball—he bored a hole about an inch and a quarter or an inch and a half—I did not desire him to bore a hole on each side of the forecastle, large enough for a ball to go through—I told him it was to admit the air—I told the carpenter so; he is here—the prisoner was kept in the forecastle till we got to Cuba—we remained there some three or four weeks—I was in different parts of Cuba for two or three months—he was
in prison there all that time—he did not, to my knowledge, demand to, be tried in England—he was brought home in irons—we were fifty-one days on our voyage home—he was in irons during all that time; that was by order of the Consul, and the Naval Court, held at Cuba.
COURT. Q. What are the irons into which you put people? A. Handcufs; there are no irons to the feet; a man can walk with them; they are simply handcuffs—the prisoner was hand-cuffed for that fifty-one days; that was my orders—I could not go against the orders of the Naval Court at Cuba; I bad written orders.
MR. RIBTON. Q. When you were coming home did you order him to walk on deck, and had he a Bible with him? A. No; not in coming home—it was after this had happened; after we had got to Cuba.
COURT. Q. Did you cruise about with him at Cuba in irons? A. I did—he was in irons not only for the fifty-one days on the voyage home, but for four months besides—he has been in irons something, over five months.
MR. RIBTON. Q. Did you order him on deck, and did he bring his Bible with him? A. No; I came on board one evening; he was always very impudent; he had a book in his hand—I did not know what it was—I asked him what he had in his hand—he said it was his; he did not say what it was—I said, "Give it to me," and I took it down below—that was on my passage from Cub—it was a Bible that he had; but I did not know it was a Bible at that time.
COURT. Q. But whatever it was, what right had you to take it from him? A. He never used it; he never, looked at anything; it was just a bit of bravado on his part—I had him on board for the purpose of bringing him here to be tried—my orders were, to take him in irons to England—as soon as I found what book it was, I told the steward to take it to him; which he did the next morning.
MR. RIBTON. Q. He was in irons at the time you took it from him, was he not? A. Yea—I did not say to him, "You are my prisoner, and the law of England allows me to do as I like with you"—I do not recollect what I said to him—I did not say, "I will put you where you won't see to read your Bible"—I mean to swear that at the time I took it from him I did not know it was a Bible; I did not look at it at the time—it was an ordinary sized book—I did not say to him, "To-morrow I will take you ashore and put you in chains"—he was put in the stocks by order of the British Consul; that was not on the way home—it was at New Wales after we left Cuba; not on board, ashore—I put him ashore because the law of the mercantile navy tells me that I cannot keep a sailor on board in irons—I had nothing to do with putting him in the stocks—I did not tell him I had arranged it so that when I got him to England I would transport him or hang him; nothing of the sort—I have been a captain about two years—I have been on board a vessel altogether fifteen years—I have never been mixed up in any of these cases before—I have never given evidence before, or had evidence given against me—I swear that.
MR. METCALFE. Q. You say you returned the Bible to him the morning after you had taken it away? A. The steward took it to him by my orders—whatever took place after we got to Cuba, was by the direction of the Court there—the proceedings are lodged there; I brought a copy of them with me—he was tired at Cuba, and found guilty of mutinous conduct—whatever was done after I got to Cuba, was done by the direction of the authorities there; by the direction of the Naval Court—I had no option in the matter.
COURT. Q. I suppose you landed the prisoner? A. I applied to the British Consul for police officers, and he was landed—I made my complaint before the British Consul, and he convened a civil court, consisting of the masters of four British ships—the Spanish authorities had nothing whatever to do with it—it was determined that the prisoner should be sent back here to take his trial, and I was to bring him back; and as I was going a long coasting voyage I was to take him along with me to the different ports I touched at, and then back to England in irons—my vessel was the only vessel that was going to England for two or three months, not from Havannah, but from St. Jago de Cuba—mine was the first vessel that was expected to get to England—Havannah is directly across the island—I don't suppose it would be above a hundred miles.
PATRICK SLACK . I am boatswain and carpenter on board the Milo—I remember the 28th May, when Pratt was put in irons—while it was being done the prisoner came down from aloft—he said, "Don't give in to the b----s, Jack, don't give in to them—after Pratt was put in irons, the captain told the prisoner to turn to his work—the prisoner said he would do no more, he would be d----d if he would; and he went into the forecastle—I heard the chief mate, and likewise the captain, ask him civilly to come out and turn to his work—he said he would do no more—I suppose they were talking to him about a quarter of an hour—he said, "I will do no more; come in and take me, and I will have the life of some of you—after this I saw the mate and young Berryman go in; I went in with them—I had a wooden heaver in my hand, which the mate gave me—when we went in, the mate put his hand on the prisoner's' shoulder, and said, "Will you turn tot?"—the prisoner put himself in a fighting attitude—young Berryman sprang in between them, and both of them were in a scuffle, and they had the prisoner down in a kind of a stoop—it is quite a narrow passage; the forecastle is on deck; and the galley is partitioned off from the forecastle—they did not have him down; they had him in a stooping position, and he sent the knife up from below into Berryman's leg—I saw that—after that Berryman ran out of the forecastle—he bled a good deal—I and the mate also ran out—the prisoner then went in round a corner of the partition, and stood with a knife in one hand, and a bottle in the other—I saw him throw a bottle at the captain which struck him on the face.
Cross-examined. Q. Was that after the captain had fired at him? A. No; before—the captain did fire at him I believe, with a pistol—I saw him fire at him—the shot did not strike him, because it could not, he was round the corner, and the captain stood in the doorway, and he fired right straight in—the captain could not see him from where he stood—the prisoner did not show me any of the shot afterwards—I swear that no shots were fired until after he struck Henry Berryman—I have not been talking to the other witnesses since they were examined—I had never heard the captain use violent language to the prisoner—I can't say whether or not he was struck while we were in the forecastle—he was not knocked down to my knowledge—he was in a stooping position—I suppose that was from their trying to drag him out of the forecastle—I did not put my hand upon him—Henry Berryman and the mate did—I did not see Berryman strike him; I don't know what he was armed with—he went in along with the mate—I did not use the heaver—I know nothing about the prisoner being kept for two days and more with very little food—I have not been talking this matter over with the captain and the mate coming home.
COURT. Q. Did you go with the brig on her voyage to the different places
she went to? A. Yes, and back with her to England—the prisoner was not on board the whole of that time; he was ashore at St. Jago until we left, we then took him with us—he was used well and fairly fed; he did no work; he was not beaten or knocked about—he had as good a berth as any in the ship, except the captain—when he went to bed the handcuffs were still on—there was no person to undress him, or anything of the kind—he was undressed and washed—the young man that he stabbed used to wash him regularly—during the passage home he was kindly treated.
SAMUEL JOSHU A. I was a seaman on board the Milo, and went out from England—I remember, on 28th May, Pratt being put in irons—while that was being done the prisoner came down from aloft—he said, "Don't give in to the b----s; don't give in to the b----s—the captain said, "Go about your work—he did not; he went into the forecastle—the captain told him to come out and go about his work—they were asking him for about halfan-hour—he said, "I will see you d----d first; I won't come out of the forecastle; if you are man enough to come and take me out, I will have your life, or one of the three—I did not see them go into the forecastle—I saw Berryman come out, and saw the blood on the deck.
Cross-examined. Q. How long have you been in the same vessel with the prisoner? A. Nearly seven months—I do not come from the same country as he does, I belong to St. Helena; I was born there; he belongs to some part of the West Indies—I did not know him before—we have not been good friends—we had a squabble together—we never spoke except on duty, but when we got into the forecastle we never spoke together—we never quarrelled—we were not good friends—the day we came on board we never spoke—he no care about speaking to me, so I no care about speaking to him—I don't know why he did not speak to me—I never saw him before—I did not try to speak to him—I liked the man very well; I don't 'know whether he liked me or not—I suppose he was too good a man to speak to me; I suppose he thought too much of himself—we had our meals together—we did not speak then—I had a boy in there to speak to me; a little boy that we had in the forecastle—I came home in the vessel—the prisoner was in irons the whole time—I did not speak to him then, or do anything for him—he still thought himself a better man than me when he was in irons—I have been in irons sometimes, not very often—I was put in irons at Bombay; not by this captain—it was for not obeying the captain's order—I was in irons six weeks—I was tried at Bombay; I was punished for six weeks in gaol, and then put on board again—that was the only time I was ever in irons.
COURT. Q. Are you in the Milo now? A. No; I am doing nothing now—I have not got a ship; I am looking out for one—I believe the Milo is in the dry dock undergoing some repairs—I don't know when she will be ready to sail—I am not looking out for a berth with Captain Berryman; I have nothing to do with him now—I never sailed with him before, and never saw him before—there was another man of colour on board besides Pratt and I; he has gone away—I did not get into trouble with Captain Berryman at all this voyage.
GUILTY of unlawfully wounding. Recommended to mercy the jury on account of kit long imprisonment.— Confined One Month.
NEW COURT.—Thursday, November 28th, 1861.
Before Mr. Justice Byles
MR. PLATT conducted the Prosecution, MR. METCALFE the Defence.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Thursday, November 28th, 1861.
PRESENT.—Mr. Ald. PHILIPS; Mr. Ald. DAKIN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. DICKIE conducted the Prosecution.
GEORGE KILLY (Policeman, M 297). I produce two registers of marriages, marked A and B—I compared them with the register books, they are quite correct—(One of these being read, certified a marriage at St. James's, Westminster, on 13th March, 1843, between Henry Burnham and Catherine Thomas)—the prisoner was given into my charge by Sarah Beard—she said, "I give him in charge for bigamy"—I have been in the force about four years—I am quite sure she used the word bigamy—she did not say for marrying her when he had another wife alive—the prisoner said, "I had another wife, and you have got to find out whether she is alive or dead."
Prisoner. I said I had had another wife, but I was given to understand that she was dead. Witness. I am sure he did not say that; nothing of the kind.
CATHERINE DAVIS . I am a widow, and live at 33, Great Chapel-street, Westminster—I know the prisoner—I was present at St. James's Church, Piccadilly, many years ago, when he was married—I was bridesmaid—it is so many years ago that I cannot recollect what year it was—it was the marriage of the prisoner to Catherine Thomas—it was by banns—I signed my name as bridesmaid—I am quite sure he is the same man—I have not seen much of them since—I have not seen Mrs. Burnham these twelve years—she is dead.
COURT. Q. Did they live together for some time after the marriage? A. Yes.
MATILDA JANE THOMAS . I live at Wood-street, Barnet, and know the prisoner—he lived with my mother, Catherine Thomas—I am not his daughter—I am twenty-two years old—the prisoner lived with her as man and wife—I cannot say up to what period—my mother died on 7th August, 1857.
COURT. Q. Had he courted you long? A. We lived together as man and wife two years before—after I had lived with him a twelvemonth, I heard he had another wife, but I was given to understand she was dead—I gave him in custody because we had been having a few words; a quarrel.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
THOMAS FULFORD . I am a plumber and glazier, of 108, Limington-street, Pimlico—on 14th November, between 2 and 3 o'clock in the afternoon, I was walking along Tower-hill with a friend—I stopped a minute or two to look at a man selling something at the side of the road—just as I was moving on, I felt tug at my watch chain—I looked down and saw the watch in the prisoner's hand—I seized hold of him, and held him—he struggled to get away, and he managed to pass it away to some persons in the crowd which had gathered round—I held him till a policeman came, and gave him in charge—some one found the bow of the watch at his feet,. and gave it to me—the value of the watch was three guineas—I am quite certain the prisoner was the man—I hate not found my watch since—he had the guard in one hand.
Prisoner. Q. Which hand did you see the watch in? A. In your lefthand—I won't be certain which; I am quite sure I saw it in one of your hands—you were too sharp for me to catch hold of the hand in which it was—I caught hold of your collar—I do not know which way you were going—you had your handkerchief in one hand, and the guard also in the same hand.
GUILTY .*— Confined Nine Months.
MESSRS. SLEIGH and POLAND conducted the Prosecution.
RICHARD KENWOOD (Policeman, H 194). I had known the two prisoners some years—on the evening of the 17th October, about half-past 5 o'clock, I was in Shoreditch, and saw them there walking in company together—I followed them for something like half an hour, through various streets into the Minories—when they got there they met a van laden with corn and tea, belonging to the Midland Railway Company—directly they met it they turned and followed it through Hounsditch, through Wormwood-street to the corner of London Wall, when Nicholls went up and lifted the tea off the front part of the van, and was coming back towards me—I went to take him in custody, and he threw the tea at me—the driver was sitting on the box, above the tea; the tea was at the back of him—both prisoners made their escape—Waldren was close by his side when he took the tea—they both turned together, and came back towards me together, and I went to take them in custody—they both ram in the same direction, close together—I have known Nicholls for some years by the nickname of Brewer.
Cross-examined by MR. COLLINS (for Nicholls). Q. What time was this in the evening? A. From ten minutes to a quarter past 6 when it was taken off—it was dark—it was gas-light—I might be perhaps twelve or sixteen yards off, or perhaps twenty, when I saw him take it off—it was not a very crowded thoroughfare—the van was walking on, not stopping—he took it from just underneath where the driver was sitting, more in the front than in the centre—he went and took it off with his hands.
COURT. Q. Is it one of Pickford's vans? A. The same shape.
Cross-examined by MR. ROSHER (for Waldren). Q. Art you positive as
to Waldren being the other man? A. Yes; I could see distinctly—the two were side by side when Nicholls lifted it off, as close as they could get to one another—they had been in company the whole of the time that I followed them; walking together, sometimes two or three paces apart, and sometimes together—they were conversing together on different occasions on the way—I kept a certain distance behind them, sometimes twenty yards, sometimes perhaps twenty-five or thirty, so as to keep them in sight—I did not hear them talking together at that distance, but I could when I was closer to them, and could see them talking—when they returned from the van I was as near to them as I am to you—I could not hear what they said then—I swear they were talking—I could see them talking—I stood in an archway, and they passed me.
MR. POLAND. Q. Were you in plain clothes? A. Yes—I was watching them altogether about three-quarters of an hour—I am quite sure about both of them.
JAMES WHITE (Policeman, H 90). I received information about this robbery, and looked after the prisoners—on 19th October, I was on duty in Hare-street, Bethnal-green, and saw Waldren go into the Red Cross public-house—I went in, tapped him on the shoulder, and said, "Brown, I want you for stealing half a chest of tea in the City the other night—he said, "Me! I am not the man at all—I said, "Very well, you will have to come with me to the station"—he did so, and while waiting for Kenwood to come he said that he was in company with the other man, but did not know he meant to steal the tea—I asked him what other man—he said, "Brewer"—I had seen Nicholls before—I knew him by the name of Brewer, and Waldren by the name of Brown.
Cross-examined by MR. COLLINS. Q. Did you know any-one else of the name of Brewer? A. I did not.
Cross-examined by MR. ROSHER. Q. You took Waldren in custody about 4 o'clock in the afternoon? A. Yes, in a public-house, where he was standing talking to the landlord—Hare-street, Bethnal-green, is a wide thoroughfare—I know the places thieves generally go to—it is a place where I should expect to find a man that I was looking after—I knew he was in the habit of going to the Red Cross, and that was why I went there.
ISRAEL WATTS (Policeman, N 184). On Saturday, the 19th, about half-past 10 in the morning, I took Nicholls in custody—I told him he was charged with stealing half a chest of tea the other day from a van in the City—he said be knew nothing of it at all—I said, "You will have to come with me to the station; the constable that saw you do it is at the police-court"—I kept him outside till Kenwood came to identify him—I do not of my own knowledge know Nicholls by any other name.
Cross-examined by MR. COLLINS. Q. He came with you directly? A. Yes.
WILLIAM HALL . I am a carman in the employment of the Midland Railway Company—I was driving a van belonging to that company on 17th October, about half-past 6 o'clock—I was in the Minories—I had this half chest of tea (produced) in the van, in the front part—I was sitting up on one of those high things driving—I went through London-wall—I was not aware of this being taken off the van at the time—I loaded the van.
Cross-examined by MR. COLLINS. Q. You did not miss this chest of tea, did you? A. Not till I was told it was gone—the policeman did not tell me at the time—he had not the opportunity.
go on—I had no chance to run after it, because it had got some yards on—I went to look after the prisoners—the chest has been in my possession ever since.
WALDREN was further charged with having been before convicted at this Court, in May, 1858; to which he
PLEADED GUILTY.**— Four Years' Penal Servitude.
NICHOLLS.**— Confined Eighteen Months.
61. CHARLES BENNETT (38), and JOSHUA SMITH (24) , Stealing, on 26th October, 500 lbs. of rags, and on 31st October, 1,189 lbs. of rags, the property of William John Hall and another, the masters of Bennett.
MESSRS. SLEIGH and F. H. LEWIS conducted the Prosecution.
THOMAS CLARK . I am an inspector of the Thames police—at half-past 9 on the morning of 1st November, I went to the prisoner Smith's house in consequence of some information—he keeps a small marine store-dealer's shop in Rosemary-lane, Whitechapel—I said, "I am an inspector of police; have you bought any rags since yesterday morning?"—he said, "I have bought no rags this last eight months"—that was all he said to me—I had a constable with me—I left him with Smith, and proceeded to Messrs. Hall's warehouse in Seething-lane—Bennett was employed there as foreman—I saw him on the premises there and said, "I belong to the police; have you delivered any bales of rags since yesterday morning from the warehouse?"—he hesitated and said, "No"—a minute or more afterwards he said, "I delivered two bales of rags from the warehouse yesterday morning to a man of the name of Smith, a marine store dealer in Rosemary-lane; he gave me an order for them, but the order was not signed"—I said, "Where is that order?"—he said, "I gave it back to Smith again"—I then said, "You will consider yourself in my custody for stealing a quantity of rags"—I took him into custody, and on taking him past Smith's premises in Rosemary-lane, he said, "That is where Smith lives, who I sold the rags to"—that is all he said.
Smith. I did not say that I had bought none for seven or eight months.
Witness. I am quite certain that you did—I met you close by your door—I did not ask you whether you had bought two bales of rags from Seething lane that morning, nor did you reply, "No"—you did not tell me that you had got two bales of cloth cuttings, which in the trade were called mungoes, and were not bales at all; nothing of the sort—you did not tell me where they were in the shop.
COURT. Q. Did you see any cloth cuttings that answered to the description of mungoes? A. I saw a quantity of cloth cuttings in the shop.
MR. LEWIS. Q. Were those cloth cuttings separate from the 1,189 lbs? A. They were the 1,189 lbs. in question.
COURT. Q. Are they cuttings of woollen cloth? A. Yes; I saw them as soon as I entered the door.
HENRY DYER (Thames-policeman, 51). I was with Inspector Clark when he met Smith—I did not hear the conversation that passed—I crossed over to Smith and said, "Mr. Smith, have you received any bales of rags within this last week?"—he said, "No, I have not, not for this last eight months"—I said, "Have you sold any within this last week?"—he said, "No"—about this time we arrived at his house and went into his shop—there were seven sacks of rags lying in the shop, and three I discovered in a cupboard—I was left in charge of the prisoner by Inspector Clark, in whose absence I asked the prisoner whether he had got any book—he said, "Yes," and produced this one—I find the last entry in it to be 1st November, 1858—I
did not say anything to him on that—a short time afterwards he pulled out a quantity of papers from his pocket and began inspecting them—he was about to replace them in his pocket when I said, "I will take charge of them"—I took them and found amongst them this paper—(Read: "For cwt. of doth rags, 26th October, from Smith, Rosemary-lane")—the rope that I found concealed in a cask corresponded with the rope I have seen on Mr. Hall's premises—it is a very peculiar knot.
Smith. He never said anything about asking me if I had any rags or bales. Witness. I did.
COURT. Q. Was it before he was taken into the shop? A. It was—he was about thirty yards from the shop when Inspector Clark first spoke to him—I did not know what Inspector Clark had asked him—there was room in the shop for the other three bales.
CHARLES GILBERT . I live with my father, at 92, Royal Mint—street Towerhill—he keeps a cart for the purpose of being hired—I know the prisoner Smith by sight, by doing a little job now and then—I have seen him several times, when he has come for the cart—I recollect his coming to my father for a cart—I cannot say bow long it was before this robbery, or how long it was before I was examined before the Magistrate—I cannot tell how many weeks, days, or months—it was a week or two, or a month before I was examined—Smith was not in the cart; he walked alongside of it—I went in the cart to Crutched-faiarsfriars—I know Seething-lane; it is in Crutchedfriars, through the railway arch, on the left hand side—I saw a bale put into the cart; I cannot say by whom—it was lowered down by a crane from some warehouse; from a high place, a loophole—Smith was out of my Sight then—he had not led the horses up to this place—I had; I drove the cart, and he walked by the side—he told me to follow him and I did so, and he walked up to this place—I stopped because he told me to—I saw him after the bale was lowered; as soon as I bad got out from the yard—I had drawn into a yard and turned round—when Smith came down he told me to go on home—I knew where "home" was—I knew he meant to go on to his house—I knew where he lived—I went to his house—he walked—when we got to his house we unloaded the cart and left the bale at Smith's shop—about fire or six days afterwards, we removed some sacks from his house, and took them to Limehouse—there was something in them; I cannot say what—the bale that was lowered into the cart was in a sack.
Smith. The father and the boy came down with me in the morning. Witness. My father was with me one morning, but not this morning that I have been speaking of—there was one man with you; not all the while.
COURT. Q. What part of the time was he with him? A. When I went to fetch the bales—the man remained in the cart with me; he was there when the bale was lowered—the prisoner left the cart at the top of Seething-lane—the man went right home with me and Smith—I left him at Smith's—Smith said, when he left me at the top of Seething-lane, "If any one asks, you may tell them this is Smith's cart"—I said, "All right."
TIMOTHY DONOGHUE . I carry on business at 34, Royal Mint—street, as fishmonger and greengrocer, and keep a horse and cart, which I let out for hire—I know Smith—on 31st October, about 8 o'clock in the morning, I saw him go up and down the street before be spoke to me, and then he said, "Will you come and do a job this morning?"—I said, "I can't, I got Something else to do"—at last he offered me 4s., which was a little above price, and I consented to do the job for him—he and I jumped into the cart—we got down to Seething-lane and went up a gateway—I did not know
the name of the premises at that time—I am told they belong to Messrs. Hall—when we got into the yard two bales were put into my cart; bales of rags, I believe, from a loophole in the warehouse—Smith was not in the cart at that time; he had got out—he left before we came into Seething-lane—I saw him in the yard as we were loading—I saw him before we left—he told me to take the bales to his place, and I did so—he followed after us—I cannot recollect his telling me to leave them at his place, but I suppose it was by his directions, or I should not have left them there—he paid me the 4s.
HENRY BACON HALL . I am superintendent of the business of William John Hall and another, harbingers—they have wharves at Custom-House Quay, and had warehouses at Seething-lane—Bennett had been in? our service for about two and a half years from beginning to end; but not more than twelve months in charge of the warehouse as foreman—it would be his duty, as foreman, to deliver bales to persons on receiving an order; that order being entered in this book (produced), and countersigned by one of us—he would bring that order down at night to account for his delivery; it would be filed and brought back to the warehouse—it owned be his personal duty to bring it to the quay—he would execute the order and deliver the goods; and then return the order at night, and it would be checked and filed—we should keep the order as our voucher for the delivery of the goods—it would be his duty to see that it was numbered in numerical order, and countersigned by us—he had not the least authority to part with goods without that order—it is a particular form of order—they may write them—we have printed forms as well—sometimes they write them themselves—I have been fifty-five years as a wharfinger, and so have some knowledge 'of the trade; not only in rags—I do not find in this book any order for 5 cwts. on 26th October—nothing of the kind; nor an entry on 31st October for 1,189 lbs.—they would not be specified by pounds, but by bales, which would weigh 5 1/2 cwts.—they give us the landing weight on the order, which we should deliver—I have examined these rags (produced) forming the bulk of 1,189 lbs.—they are French rags—I have compared them with some others from bales from which we have missed some, and they are as closely alike as possible—the canvas is exactly alike, and the rope and tie of the knot are exactly the same.
COURT. Q. Had you ever dealt with Smith? A. No; I never saw him till he was in custody.
MR. LEWIS. Q. You do not sell rags yourself? A. Certainly not, we are warehousemen; we only hold them for the owners—Bennett had no authority to sell rags.
Smith's Defence. A man came one morning to my shop and asked me if I would buy some cloth cuttings. I asked him how many he had got. He said about half a hundredweight—I said I would give him 18s. a cwt. I weighed them; there was just half a hundredweight. I paid him; he did not want the bag back in which they were. About 3 o'clock he brought another half hundredweight. I asked him whose they were; he said his master's. I asked him where he lived; he said in Seething-lane. I asked him his name; he said Bennett. I asked him how he came by them; he said there had been a sale. I bought them for 9s., and sold them for 1l. At night he came and asked me if I was a buyer of rags; I said I would buy them of him, and he told me to hire a cart and send it round.
I hired one, and went with them and showed them where Seething-lane was, I left them and went home, and in about half an hour afterwards the bale of rags came. I unloaded them and sent the cart home. I had to take the rags out of the bales, because the bales were too big to come in. I did that in the street. Next morning I had another bale; it was not so good as the the first, I said I could only give 16s. a cwt. for it. When we got the first bale in the cart, he said, "You might as well take the two, this all I have got," and I did so. I told him I could not pay him then, I did not know the worth of them. I tried to sell them at a place, and they offered 15s. a cwt which I did not think enough, and I said he had better let me have them a day or two, and I would try and get as much as I could for them. The man told me they were his own property. If I had been aware they were stolen goods, I should not have sold them to my next door neighbour. I know there are very often sales in Seething-lane and in Mark-lane. I can take my solemn oath that I did not know they were stolen.
The prisoner Smith called
MRS. COHEN. I have known Smith about eighteen months—I am a marine-store dealer in Royal mint-street—he has been carrying on business in Rosemary-lane—I have always known him to be an upright, honest, steady young man—that is his character.
Cross-examined by MR. LEWIS. Q. How long has he had that shop? A. About four months—he used to deal with us at one time in rags—he has not bought any of us—when he first went into business he used to sell to us; but latterly, I suppose, he has sold to better merchants, where he could do better than with us—I do not think he has sold to us for four or five months; not rags of this kind—I never saw anything of that sort in his possession before to-day.
GUILTY .—MR. LEWIS stated that delivery orders had since come in to the prosecutors, for sixty-seven bales, and in every one of those bales there were deficiencies in the weight. The Jury stated their impression to be that Smith had been rather the dupe of Bennett.
BENNETT— Four Tears' Penal Servitude.
SMITH— Confined Nine Months.
FOURTH COURT.—Thursday, November 28th, 1861.
Before Mr. Recorder.
PLEADED GUILTY .— Three Years' Penal Servitude.
ANN DORLTON . I am servant to Mr. Charles Hardy, of 32, Castle-street, Holborn—a person named Edwards mangles for him—she lives at 19, Leather-lane—on 13th November last the prisoner called at the house—I knew her by sight before—she asked me for the mangling—she had been in
the habit of fetching it before for Mrs. Edwards—I gave her twenty-six pieces; they consisted of pocket handkerchiefs, towels, jackets, pinafores, a child's coat, and other things—she took those things away—she did not say she came from Mrs. Edward's on this occasion, but she did at first—she asked for the mangling as she had done on former occasions.
Prisoner. Q. Had you not left off sending your mangling to Mrs. Edwards? A. No; no one came to the house but you.
MARY ANN EDWARDS . I live at 19, Leather-lane, and keep a mangle—I have been in the habit of doing mangling for Mr. Hardy for about twelve months—the prisoner lodged in the same house with me—she has gone two or three times to Mr. Hardy's for the mangling—I did not send her on 13th November; she had left the house on the Sunday before that—she did not bring me any things to mangle.
Prisoner. I am innocent. I had no mangling.
JAMES MCWILLIAM (City-policeman, 224). I apprehended the prisoner on 22d November—I told her she was charged with obtaining from 32, Castle-street, some goods by false pretences—she said it was a mistake; she had not been near the place—she said she had no home at the time; she had been living at 19, Leather-lane.
COURT to ANN DORLTON. Q. Are you quite certain she is the person who came for the things? A. Positive; I had seen her four times before, and it was because she had had them before, that I gave them to her on this occasion.
Prisoner's Defence. I am not guilty. I never was in a station-house before.
GUILTY .*— Confined Six Months.
Before Mr. Recorder.
MESSERS. SLEIGH and F. H. LEWIS conducted the Prosecution, and
MR. COOPER the Defence.
NOT GUILTY .
Before Mr. Recorder.
PLEADED GUILTY .
MR. COOPER, for the prisoner, stated that he had been in the service of the South Eastern Railway Company for three years and eight months, that owing to sickness in his family he was led to forge these receipts, and that a gentleman present would, after the expiration of his sentence, take him into his service.
MR. LAWRENCE for the prosecution, stated that he was not instructed to press for a heavy punishment.
Confined Nine Months.
—on Saturday, October 26th, about noon, I saw the prisoner in a field at the bottom of our garden—he was in the middle of the field, about thirty yards from the footpath, and was looking over our fence—another man was with him—after that the witness Pearson came to the house, and in consequence of what he said I went into a field adjoining the one I had seen the prisoner in, and in a ditch there I found these curtain rings (produced)—they are my master's—I had seen them safe a few days before—they were kept in a store-room over the stables—I had seen the stable-door fastened at 10 o'clock that morning; but I do not know that the things were there then.
Prisoner. You said at the police-court that it was 150 yards from where you saw me. Witness. No; I said it was 50 yards, and it was 200 yards from where the things were laid.
WILLIAM BRITTER . On 26th October I was from home—I returned about half-past 5—in consequence of what the servant told me I went to the stable—I examined the room above it, and found it had been broken open—I saw these things that evening at the station, and identified them as mine—next morning I found seven bars of soap at the end of the stable; they had been removed from the room above—the stable door had been forced.
WILLIAM PEARSON . I am a labourer at Forest-hill—on Saturday, 26th October, about a quarter to 1, I was walking round the fields behind the prosecutor's house, and saw the prisoner and another man coming in a direction from the house—the other man was carrying something under his coat; I could not see what it was, but it looked shiney—on seeing me they put the things in a ditch, and passed me—I went up and saw what they were—I then went to Mr. Britter's house and asked if they had lost anything, and then went to the constable's house—I saw the things found in the ditch; it was where I had seen them put something in.
Prisoner. Q. What distance were you from the men you say you saw carrying something? A. About 150 or 200 yards—I saw nothing in your possession.
COURT. Q. Did you know the prisoner before? A. Yes; I had seen him round there twice before—I saw him again on the following Wednesday when was taken into custody.
Prisoner's Defence. Pearson says he was 200 yards away from the men when he saw them put these in the ditch. It is not feasible that he could discern where a man put anything at such a distance. I was in a cell by myself at the police-court when be came to identify me, and I was shown by myself to the servant.
GUILTY .*— Confined Nine Months.
PLEADED GUILTY .**— Three Years' Penal Servtiude.
PLEADED GUILTY .— Confined Nine Months.
Befort Mr. Common Sergeant.
The prisoner pleaded NOT GUILTY, and MR. RIBTON on his behalf, contended that on the arraignment, the Clerk of the Court had not proceeded according to the order laid down in the Criminal Law Consolidation Act, 24 and 25 Victoria, c. 96, § 116, which directed that "upon any indictment for committing any offence after a previous conviction, the offender shall first be arraigned upon so much of the indictment as charges the subsequent offence, and, if convicted, shall then be asked whether he has been previously convicted;" that, though the Old Act expired on 31st October, an offence committed in October under the Old Act must be tried under the New. MR. COOKE, for the prosecution, submitted that as the prisoner had to be tried for an offence under the Old Act, the old form of procedure must be followed, as the 3rd section of the New Act stated that uany offence committed against any of the said Acts shall be dealt with, inquired into, and determined, in the same manner as if those Acts had not been repealed," MR. RIBTON in reply, contended that the 3d section applied to the form of the indictment and to the trial itself, but did not touch the form of procedure. THE COURT having consulted MR. RECORDER, was of opinion that the old procedure should be adopted, that the case did not come under the 37th clause, and that the words in the first clause governed the whole.
PETER PROUT (Police-sergeant, 37 R). I produce a certificate—(Read;" Central Criminal Court, January 1st, 1855, Edward Neville, convicted, on his own confession, of uttering two counterfeit florins, on the same day-Confined Nine Months")—I was a witness on the trial, and believe the prisoner to be the person.
Cross-examined by MR. RIBTON, Q. Are you sure of him? A. Yes; I have seen him since.
EMMA BASTIN . My husband keeps a grocer's shop in Lewisham-road—on, I believe, 5th October, the prisoner came there—it was about a fortnight before my confinement—he asked for two ozs. of tea, two ozs. of cocoa, and 11b, of moist sugar; they came 1s. 1d.—he gave me a shilling and a penny, and left with the goods—I put the shilling with two other shillings in the drawer—I suspected it to be bad and took particular notice of it; it was a Victoria shilling—my husband came in almost directly—he brought the shilling to me; it was the same that I had had of the prisoner—he took care of it—my child was born on the 7th, and on the 19th, when I was up stairs with the nurse, sitting up in a chair, my husband brought the prisoner up stairs, and I recognised him as the person who was there on the 5th—I said, "That is the man" the nurse interfered to prevent anything more passing, and he was taken down stairs.
Cross-examined. Q. What time of day was it? A. Between 12 and 1, I believe—I had never seen him before the 5th, to my knowledge—I took particular notice of the other two shillings in the till, that I might know this, because I suspected it to be bad—I looked at it before I gave him the tea and sugar, but did not say anything about—my husband came in in five minutes, and found it—I do not recollect how long before the other two shillings had been taken—I do not know whether I took them—when I put the one in I did not take up the other two, but I remarked them—looking at them in the till was enough; they were a different reign—when my husband found the shilling on the 5th, he showed it to me, and I described the young man—the prisoner was in the shop from five to ten minutes.
two other shillings in the till; neither of which was a Victoria—I took it out immediately, and showed it to my wife; who described the person of whom she had had it—I put it in the central compartment of my cash box with another bad shilling—on 19th October, about midday, the prisoner came and asked me for two ozs. of tea, two ozs. of coffee, and two ozs. of moist sugar; they came to a shilling and a halfpenny—he gave me two shillings, one good and one bad—while I was looking at it, but before I had an opportunity of speaking, he said I can give you a halfpenny—I said, "I do not want your halfpenny; this is a bad shilling"—he said that he did not know it—I said that I rather suspected he did, and that he had been there before—I took him up to my wife, and directly he put his foot on the top stair, she recognized him—the nurse would not allow him to speak, and he went down with me and denied ever having been in the shop before—I sent for a constable and handed him the three bad shillings.
Cross-examined. Q. Did you put the shilling he gave you into the till? A. No; I kept it in my hand—my wife described him as very much like a man who worked for her cousin.
ELIZABETH HAWKED , I keep a shop at Greenwich, and sell eggs—on 25th September, at 8 in the morning, the prisoner came for two eggs; they came to 2d.—he put down a shilling—I said this is a bad one—he said, "Oh, is it," took it up and gave me a good one—I bad never seen him before; he is the person.
Cross-examined. Q. You merely looked at it and objected to it? A. Yes—I do not know what reign it was.
JOSHUA PARTRIDGE . I know the prisoner—he has been to my shop several times—the last time was six or seven weeks ago—he purchased butter, cheese, and other things, amounting to something less than a shilling—he tendered me a bad shilling—I bent it with my teeth, and returned it to him, and he gave me a good one.
WILLIAM WESLEY (Policeman, 95 R). On Saturday, 19th October, I was tent for to Mr. Bastin's, and received the prisoner in custody with these three bad shillings, and one good one—he was searched at the station, and a half-crown, two shillings, two sixpences, three threepenny pieces, four four-penny pieces, and 9 1/2 d. in copper, were found on him—he had a basket in which I found a set of brass castors, half a quartern of flour, two ozs. of tea, two ozs, of coffee, and 1 lb. of brown sugar.
Cross-examined. Q. Did you find any bad money on him? A. No.
GUILTY.— Four Years' Penal Servitude.
PLEADED GUILTY .**— Confined Nine Months.
Before Mr. Justice Byles.
MR. LEWIS conducted the Prosecution.
STEPHEN ELLIS (Police-inspector, R). I am stationed at Greenwich—on 11th December, I went to the prisoner's house 37, Amelia-terrace, Deptford—it was about a quarter to 11 in the evening when I arrived—I understood that he was in bed, but he dressed himself and came down—I did not then tell him why I had come, but asked him to come outside, and we went out
together in company with several other persons, his friends—I believe I said, "Come thin way"—I said to him, as I understood that he had made a statement, "I suppose you can point out the spot whore it occurred?"—he turned round, looked me in the face, and said, "I will tell you all about it; I bad been to Hackney-wick, I got out at the station in High-street: I then went to Bennett's, the barbers, and from there to the Lord Duncan public-house. While I was there she came in for the supper beer; we went out together; she offered me some of the beer; I drank some, she drank some, and together we drank the whole of it; she then said,' It is no se living, my friends are always nagging at me; will you follow me?' I said, 'Yes; anywhere you like to go.' We then went down the Mornington-road to the Surrey Canal; she asked me if I had got a handkerchief I said, "Yes."She said, "That will not be long enough to go round us both;" she said, "I have a piece of tape, but I did not bring it for that purpose;" I said, "I have got some boot laces," she said, "They will do;" we then tied ourselves together"—he did not say how—she said, "I do not think I shall sink; I said, "Why not?" she said, "Because the crinoline will keep me up."She then put her arms round my neck and we got into the canal. We rolled over together several times she soon drowned; but did not very soon sink. The string broke, and I got out on the opposite side. I tried to save her but could not. I hen got into the canal again, swam across, and went home"—I asked him what the young woman's name was; he said, "Margaret Edwards," and that he had been keeping company with her about three years—I proceeded with him to wards the Surrey Canal—I have omitted to say that he said at the tine they tied themselves together, "I was" very bad, and she had to hold me up—when we got near the canal I asked him if he felt better, as he had previously complained of shivering and cold; he said, "Yes; I am all right now; if I had been as well a while ago, I should not have been in this situation," or words to that effect—I sent for some drags; and at the spot which he pointed out in the Surrey Canal, we found the body of the. young woman—he appeared anxious to see the body, and I allowed him to do so—on its being landed he said, "It is not injured," or, "not damaged, is it?"—on obtaining a full view of the face he remarked, "It has made a great difference to her"—I then took him to the station-house, and charged him merely with attempting to commit suicide by throwing himself into the Surrey Canal in company with Margaret Edwards, who was drowned—I said, "I have merely taken your own words;" he said, "Yes; that is the truth—I assisted in taking the body of the girl to the dead-house—I found no handkerchief or boot-lace—the prisoner said nothing to me about any tape.
Cross-examined by MR. SLEIGH. Q. When he looked at the body and made these observations, were they made in a tone of affection? A. Yes; rather so than otherwise—he might have been drinking, but I should consider him quite sober and rational—that was after being in the water—he said that he had been drinking—I omitted that—when he said that, if he had been as well a while ago it would not have occurred, I said, "Had you been drinking?"—he said, "Yes; rather freely—the information which caused me to go to where he was was from one of his own friends: Wright and another person—I understand that he was in bed—I saw a coat and hat down stairs which I was told belonged to him—they were very wet.
years old, and was single—I had last seen her on Sunday evening; the night before she was at my house from 6 to half-past—she was in very good spirits, as good as ever I saw her—I know that she and the prisoner have been together as suitors just upon three years.
SUSANNAH RUSSELL . I am the wife of Mr. Russell, of Deptford—he is in the Income-tax office—Margaret Edwards has been in my service a year and eight months—I saw her about half-past 7 this evening—she appeared in good spirits—I gave her certain directions, and she had to leave the house for some beer—I did not see what she took for it—it was her duty to bring a pint—that was partly for herself and partly for the family—I had two jugs of a particular kind—one of them is missing—it was similar to this one (produced).
WILLIAM HAY . I keep the Lord Duncan public-house, Broadway, Deptford—I knew the deceased Margaret Edwards well for some years as a servant—she was in the habit of coming to my house for beer—I know the prisoner—I saw him on that night first between 6 and 7 o'clock—the girl came in a little after 7, or half-past 7—the prisoner was there—she brought a jug similar to this—I cannot say that it is the same—they recognized each other, and she left in about three or four minutes—she appeared to be in good spirits at that time—she came in smiling as if she was pleased to see the prisoner—she left first; and he left a few seconds after her—he was perfectly sober.
Cross-examined. Q. Did she male some signal? A. In leaving she got to the door, and threw a glance towards him as much as to ask him to follow her—he had been there, I should think, getting on for an hour before she came in with the beer-jug—I cannot say what he bad been drinking; but very trifling—he is a young man of very temperate habits—I know that for years he has been in the employ of the Steam Navigation Company—I have never seen him otherwise than as a quiet, well-conducted man—I cannot say whether he was very fond of this girl—I think he drank a pint of porter, or a glass of half-and-half, I know it was not spirits—he told me that he had been at Hackney-wick the previous part of the day to see a running match—the girl talked to him in a low tone of voice—I did not notice that she took the most part in the conversation—they were speaking together in an under tone, and I had other business to attend to—they were talking together about three or four minutes before she went out and beckoned him.
SOPHIA LEWIS . I live in Roll's-street, Deptford, under the North Kent Arches—my husband built his cottage there—on 11th November, between 8 and 9 in the evening, I had occasion to go to the next cottage to see my daughter who was left in charge of two children; and as I reached the window, I heard a fearful scream in the direction of the Surrey Canal—it appeared to me more of a female voice—I was so alarmed that I turned back—it was as nearly half-past 8 as possible.
Cross-examined. Q. Have you ever been examined about this matter before? A. No—I cannot tell you what distance our house is from the canal; bat it is right in a line with the canal, and the arches go over it—I had only to go next door, from one door to another—it was last Monday fortnight—I mentioned it on the Tuesday to Mr. Lewins, a market-gardener—I live so secluded that I did not hear any talk about it till my son came home to dinner and told me that something had occurred the night before—it was not till after that that I mentioned having heard anything—there is a public thoroughfare over the bridge—there is another cottage built on
the railway the same as our's is—there were no trains running at this time; but we are so accustomed to them, living there nearly eight years, that I did not notice them—I do not know the spot where the body was found—I have not been shown it since—I understand that an inquest was held in our neighbourhood—I read it on Sunday in the newspaper—I did not go to the inquest—I read that the prisoner was taken before the Magistrate—I heard screams; but did not go before the Coroner or Magistrate—I did not consider it of any moment—we often hear noises, though we live in a lonely part—if I had not heard afterwards that something of this kind had occurred, I should have tried to avoid it, for I am a very nervous person—I have known the prisoner's family for seven years—he is a most respectable man.
COURT. Q. What is hit father? A. He is not living; his mother is living—I have seen her here this morning—I only heard one scream, but I was so alarmed that I turned back—it was very shrill—it seemed to be a very fearful one of length—I did not afterwards go to my daughter's—my neighbour, Mrs. Taunton, returned to her family, and afterwards came into my house—I did not say anything to her about the scream, or to anybody else that night—it was about half-past 4 that I saw Mr. Lewins after my son had come and told me what had happened—I did not mention the scream to my son—I did not think it proper—he is fourteen years old—I was so ill at the time that I did not know what to do.
ELIZA TAUNTON . I live at Roll's-street, Deptford—on the evening in question, about half-past 8 o'clock, my attention was attracted by screaming, in a female voice, in the direction of the Surrey Canal.
Cross-examined. When did you, after that night, make any mention of this matter to anybody? A. The next day—that was after I had heard what bad occurred—the screaming was on 11th November, Monday—it was not till Tuesday afternoon, after I had heard what bad occurred, that I said anything to anybody—I saw Mrs. Lewis in the evening after I came home when I arrived at the door-way I went into her house—I mean at half-past—I live next door to her—the railway trains run over our house—it was a continual screaming that I heard—there were several screams—this was before I had seen Mrs. Lewis—I saw her three or four minutes afterwards—I noticed it very much, thinking it might be my own children; and seeing Mrs. Lewis's door open, I thought the sound might come from there my two children are there—they scream like other people's children, but they were in bed and asleep then—at first I thought it might be some one in convulsions, screaming fits: big children—I have only two children in my house—at the first moment my impression was that the screaming was from my house—I afterwards thought it was a female, or some big children screaming for help, or in convulsions, and I thought there might have been a fire in some cottage—it did not strike me that it might be the railway whistle; it was not that—the trains run every quarter of an hour, but it was not the shrill railway whistle—it was screaming from some individual.
COURT. Q. You say that it was continual screaming, and more screams than one; what interval was there between the screams I A. It was a continual screaming; there was no space—it was a continual screaming for two or three minutes, I cannot say exactly—when I got home I found my children in bed and asleep.
MR. SLEIGH. Q. How far is the pointsman's house from yours? A. A few arches off.
have seen the prisoner—I was in his company on 11th November, at Hackney Wick—I afterwards went with him to King William-street, City—it was half-past 5 when we got there—he bought a boot-lace there—he did not say that he wanted it for any reason whatever—this (produced) resembles it—it was a trifle longer than this, but very little—I left him at Deptford Railway-station, and he agreed to meet me at the Ship and Billet—he said that he should be home at half-past 8.
Cross-examined. Q. Do you say that this is the lace he bought? A. It appears to be the one—we were not walking along the street when he bought it—we were in a public-house in King William-street, and a man came in with boot-laces while we were drinking a pint of ale—I bought one first, and then the prisoner bought one—it was a pair of boot-laces—he bought one and I bought the other—we bought them to get rid of the man—I gave 2d for mine—we had been to see a foot-race—we were not there without having something to drink—I had half a pint of brandy, neat brandy—it was undiluted—I also had two pints of ale in King William-street—we had one biscuit in King William-street, but I had the best part of it—the prisoner only had a mouthful of the brandy; we shared it among three of us, and the two pints of ale we shared between two of us, a pint apiece—the prisoner was really the worse for liquor—he was very talkative—it was between 6 and 7 o'clock when I left him—I left him in that excited state—extremely talkative and the worse for liquor.
MR. LEWIS Q. Did you see him after half-past 8? A. Yes; we came down in the train at half-past 6.
COURT. Q. How long did you stay at the public-house in King William-street? A. Till about a quarter to 6—we both went down by the train in the same carriage, from London Bridge—we left London Bridge at five minutes past 6—the last I saw of him was twenty-five minutes or half-past 6—I had known him some months—he is a humane, well-conducted young-man—he never told me that he was in love with this girl, but I had heard of it, and I knew the fact that he was keeping company with her.
JOHN ROSSITER . I am a painter, of Old King-street, Deptford—on the evening of 11th November, about a quarter to 9, or from that to 9 o'clock, I saw the prisoner at Penny Bundle-lane, which leads to the Surrey Canal—I have been shown the spot from where the deceased was removed—he was about five hundred yards from there—he was going from the canal in the direction of Amelia-street—I have not been shown the house where he lives—he was running, and was we, as if he had been overboard—it was a very dear night—I heard no screams.
Cross-examined. Q. If there had been any screams proceeding from the canal, were you in such a position as you must have heard them? A. I was at home at the time—my house is half a mile from the canal—I left home at half-past 8, the half hour went as I came out at the door—it took about a quarter of an hour to walk there, but as the crow flies it is a much shorter distance—if there were cries at the canal, I certainly should not have heard them from my home, nor if I was coming in that direction, unless I was in the neighbourhood of the canal—I cannot hear the railway whistle at my house—I have measured the depth of the canal, at the place where the body was found, there were five feet of water there, but on this night I should not think it was more than four feet six inches—the depth varies, owing to the locks.
Cross-examined. Q. How far is that from the canal? A. I do not know; it is opposite New Cross-road.
JOSEPH HENDERSON . I am a member of the College of Physicians, residing in High-street, Deptford—I made an examination of the body of the deceased on the Tuesday, the day afterwards—after removing the clothes, I looked for any traces of external injury, and there were two marks: a bruise on the left side of the temple here, and an echymosed spot on the left side of the left arm, a dark spot or bruise—that might have arisen either from a blow or a fall—I afterwards made a post-mortem examination—the body internally was perfectly healthy—there was a good deal of frothy mucus from the mouth, and the lungs were gorged; the was drowned in fact—I afterwards attentively examined her clothes—they did not present the least appearance of having any tie round them—there was a depression on the bonnet, which was a black straw one, and the plaits were torn.
COURT. Q. I understand you to say that these marks might have arisen either from a blow or a fell? A. Yes—they were both on the same side; they may have been caused by a bruise on the same substance—I think the bruise most have been from a flattened surface—they may both be bruises at the same time from a flattened surface, or else there must have been an abrasion of the skin—the two marks were about in a straight line from one to the other—the bruise on the outside of the arm might have arisen from a grasp—the bruises were caused before death I think, because in bruising the dead body, we should not have that amount of discoloration under the skin—there are barges going frequently backwards and forwards on the canal—by before death I mean before the circulation had actually stopped—they might have been occasioned after apparent death.
Inspector Ellis, by the direction of the Court, made a sketch of the locality, and pointed out the railway station, the bridge, and the switchman's-box.
MR. SLEIGH to INSPECTOR ELLIS. Q. How far is the switchman's box from where the body was found? A. About three hundred yards—I should state that the distance from where the body was found, to the House of the witness who heard the screams, was not measured by me, but by police-constable Turner.
JOSIAH TURNER (Policeman, R 287, examined by the Court). There are two switchmen's boxes, one is almost directly over the canal, and the other fifty or sixty yards off—I measured to where the two female witnesses live, that is 290 yards—there are forty-nine arches—and to the other switchman's is fifty or sixty yards, that is immediately over the canal—there are always switchmen in each box, night and day.
Joseph Beard more, superintendent of the General Steam Navigation Works, at Deptford; Richard William Temple, Master of the Dean Stanhope's School, Deptford; Thomas Cheeseman, a blacksmith, of 7, Garden-place, Deptford; John Wormley, a blacksmith, of Deptford; and Henry Tugwell, of 38, Ameliaterrace, Deptford, gave the prisoner a good character.
GUILTY .—Strongly recommended to mercy by the jury, the woman being a consenting party. In reply to the Court, the jury stated that they believed the prisoner's statement to be honest and true, and that there was no spite, anger, malice, or deliberate intention to take the woman's life before they went to the canal.
Before Mr. Justice Bramwell.
MESSRS. GIFFARD and MATTHEWS conducted the Prosecution.
MARY ANN SPRAGUE . I am the wife of Thomas Sprague, a carman, of 93, Southwark-bridge-road—we take in lodgers—I had a lodger named Mrs. Dark—the prisoner used to visit her for four or five months—Mrs. Dark has left us—I saw the prisoner several times after she had left—on one occasion he asked me if I would allow him to have a letter directed for him at our house, from New York—he said he expected to receive a draft for some money; he did not say what amount—a letter did arrive for him about the latter end of August—I tried to find him in order to give him the letter—I went to Kingsland after him—tome days after, he called at my house and I gave him the better—he sat down and read it—he took something from the inside of it and placed it in his breast-pocket—it seemed like paper—he said it was a draft from America—I saw him again about a fortnight afterwards—it must have been Saturday, 21st September—he said he had had great difficulty in getting the draft changed, until a gentleman came forward and proved that he was John Howard; that they asked him if he knew anyone in town, and he said yes, he knew my husband; that they asked for how long, and he said three months, and they said that was not long enough, he must find some one else that had known him for years, and with that he went to Sheffield and got a gentleman, I can't say his name, but he was an agent in New York for Rodgers and Son, the cutlers to the Queen, to come forward and identify him—he said the gentleman had come over from New York and was in Sheffield at that time—he said he had had the draft cashed in Bank of England notes, and he had as much difficulty in getting the notes cashed as he had the draft, being a stranger—my husband came in, and the prisoner asked my husband if he Would change a note for him—my husband said as soon as he had had his tea he would go and get it changed at Mr. Wright's the publican's near us—they both went out together and came back together shortly afterwards—the prisoner thanked us for our kindness for taking the letter in and so forth, and said he should never repay us, and he gave my children half-a-crown to buy something—we asked him to dinner the following day, Sunday—he said he would come, but he did not.
THOMAS SPEAGUE . I am the husband of the last witness—I knew the prisoner when he used to call on Mrs. Dark—on Saturday evening, 21st September, on coming home I found the prisoner in conversation with my wife—he asked me to change a 5l. note for him—I asked him to wait until I had done my tea, and I would get it changed for him as I had not sufficient in the house—I went to Mr. Wright's, who keeps the Three Compasses in Guildford-street—the prisoner there produced a bank-note and gave it to me, and I handed it over to Mr. Wright, and asked him to be kind enough to give me change for a 5l. note—he said he would, and he took a pen to endorse my name on it—I told him not to trouble himself, if he would hand me the pen I would endorse it myself, which I did in his presence—this is the note (produced)—here is my writing, "T. Sprague, 93, Southwark-bridge-road"—Mr. Wright gave me change, and the prisoner and I went back to my
house—he was asked to dinner next day, but did not come—I saw him in the evening about a quarter to 6 at I was going with a friend to hear Mr. Spurgeon at the Tabernacle—I did not see nun till I was close to him, I merely nodded and ho did the same.
Prisoner. Q. Did I give you the note in the public-house? A. Yes.
EDWARD WRIGHT . I keep the Three Compasses in little Guildford-street, Southwark—I remember Mr. Sprague and the prisoner coming to my bar—Mr. Sprague produced a 5l. note and asked me to give him change for it—he got it from the prisoner—I gave him change and put the note away in my cash-box—Mr. sprague wrote his name on it—this is the note.
Prisoner. Q. Did you see me give the note to Mr. Sprague A. Yes.
WILLIAM PEAT LOFTHOUSE . I am a clerk in the service of Rodgers and Son, cutlers of Sheffield—Mr. Crooks is their agent at New York—he was in England this year; I believe in the spring—I believe he went back in July—Messrs. Redgers have no other agent in New York, I believe—I am not aware that any other agent of theirs has been in England this year.
JOSEPH ANSON MEE . I am in the employment of the Kdin Vale Company—Mr. Septimus Crooks, the agent of Messrs. Rodgers, was, until recently the agent of that Company—he was in England in June last—he left about 15th June for New York—we have received communications from him since—so far as I know he is in New York still—I have a letter from him dated in July.
JOHN FIRE (Police-inspector). I took the prisoner into custody on 14th October, at St Matthew's Square the Borough—I had received a description of him—he was with two other men—I stopped him and said, "Is your name Howard!"—he said, "No, oh no, my name is not Howmrd"—I said, "You are the man that I want for uttering a forged 5l. Bank of England note to Mr. Sprague"—he said, "I am sure it is not; it must be somebody else—I took him to the station.
Prisoner's Defence. My letters and papers have been taken from me; if they are produced I think you will find that I did receive this remittance from America, and I have a father-in-law in Ireland, who tent me tome money. I received this draft, and got it cashed, and got a 20l. note, and got it changed by one Richard Black for others. I got those parties to change the note, as I am a stranger here; I know nothing about notes; I have only been four months in this country. I told them I intended to go to Sheffield, for the purpose of having Mr. Crooks lo certify for me, as I had been employed by him in America; but it was not necessary for me to go, as I got the notes cashed here—if my letters are produced, it will explain things better than I can—(Four letters were put in and read. Two were from Frankfort, signed Michael Mantrig, dated 18th and 23d June 1861, directed to J. P. Hatton, and purporting to enclose the halves of notes to the amount of 2 l.; the other two purported to be from Monkstown, Ireland, from the prisoner's mother-in-law, and were dated 14 and 17 July, 1861, but contained no allusion to money)—Those are not the letters; there are others which I expected to he produced. All that I have to say is that I got the 201. note changed by Richard Black, whom I knew in America seven or eight years ago—I met him in the street; he invited me to his house, and he got the draft cashed for me and then the note—he gave me the note that I give to Mr. Sprague. I firmly believed the note to be good.
Recommended to mercy by the Jury, being a stranger in the Country.—
four Years' Penal Servitude.
Before Mr. Recorder.
73. THOMAS WARREN (29) Stealing a pencil case and other articles the property of Joseph Chapman Evans; 3 silver spoons and other articles, the property of Joseph French, in his dwelling-house, and burglariously breaking out of the said dwelling-house; to which he
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. POLAND and ROWDEN conducted the Prosecution.
JAMES BRANNAN . I was formerly inspector of the G division of police, and am now employed by the Mint authorities—on 13th of this month, in consequence of information I received, I went to Friar-street with other officers; we concealed ourselves in premises opposite the Friar public-house, and after some time, in consequence of what I saw, I sent Serjeant Elliott in to seize the prisoner—I had seen the prisoner go in there several times that day—I afterwards went in with Inspector Bryant and other officers, and Elliot said to me, "There it is; pick it up; he has just dropped it;" nodding hid head to a paper parcel which the prisoner was stamping on—this is it (produced)—I picked it up, and opened it before the prisoner—it contained six counterfeit shillings wrapped separately in paper—he broke the paper while stamping upon them—the prisoner said, "If my mother was to rise out of the grave, I never had them"—I then left him in the custody of Elliott, and saw the landlord of the public-house go into the privy at the back—I there found this bag, containing nine half-crowns, two florins, and eight shillings (produced)—at the top part between the tiles and the rafters—I then went back to where the prisoner was, and showed him what I had found, and told him where I had found them—he said, "I hope I may be struck dead if I ever saw them."
Prisoner. I never saw them before Mr. Brannan showed them to me.
ARTHUR ELLIOTT (Police-sergeant, G 13). I was in company with Brannan on the night of 13th November, near the Friar public-house, and from what he said to me, I went in—I there saw the prisoner in front of the bar—I laid hold of him; I caught him round both arms and the waist, so that he should not put his hands in his pockets—he then dropped a paper packet out of his right hand on the floor, and kicked about and tried to kick it away—Mr. Brannan and the other officers then came in, and I beckoned to Mr. Branuan with my head, and said, "There it is, Mr. Brannan, he has just dropped it; pick it up—Brannan picked it up—I could not see the packet in the prisoner's hand, but I saw it drop from his right hand; he had a fourpenny-piece, sixpence, and 1s. 2d. in coppers in his pocket.
Prisoner. Q. When you came in, did not you say, "What have you about you?" and I held up my hands for you to search me? A. No, you did not; I had no time. WILLIAM WEBSTER These six shillings are all bad, and five of them are from one mould—of those found in the privy there are eight shillings, and of those seven are from the same mould as the five; the two florins are from one mould, and the nine half-crowns are bad, and also from one mould.
Prisoner's Defence. I had been living as potman at the Friar, and had left about a fortnight. I never went outside the house only once all that day and that was to get my tea; I went to sleep in front of the tap-room fire, and afterwards went to the bar When Serjeant Elliott came in I offered to let him search me. I am quite innocent of it.
Elliott seize the prisoner—we could see that before we arrived In the house—he did not hold up his hands; he was offering all the resistance he could—there was no one else at that end of the bar.
ARTHUR ELLIOTT (re-examined). I have not the least doubt whatever as to seeing him drop it—I saw it drop from his hand—it was impossible for him to have lifted his arms, as I had them both down round the waist—there was nobody else on that side of the bar.— GUILTY . Confined Fifteen Months.
Brannan stated that he believed the prisoner got rid of pounds' weight of bad Coin in a week at the Friar public-house.
MESSRS. POLAND and ROWDEN conducted the Prosecution.
JOHN HAYTER . I am barman at the Black Prince public-house in the Walworth-road—on the evening of 13th November, the prisoner came there for a pint of porter, and put down a bad florin—I immediately detected it, and asked him if he knew what he had given me—he said, "Yes; a two-shilling piece"—I said, "No, something in the shape of one"—I asked him where he got it from—he said he did not know, and walked out—I went after him, but lost sight of him—I broke the florin in two, and ultimately gave it to Edward Johnson, 65 P—the prisoner had some of the porter.
Prisoner. Q. Did I not have whiskers on my face? A. I did not notice that.
COURT. Q. Are you sure about his being the person? A. Yea—he did not stay in the house above a minute; I knew him again—I had never seen him before, to my knowledge—I saw him again on the following Monday, in the police-cell with nine or ten others, and I picked him out—I speak positively to him.
THOMAS LEWIS . I am a general salesman, at 20, Cumberland-place, Newington butts—on Saturday night, 16th November, about 10 o'clock, the prisoner came to my house and asked me the price of a pair of salt-cellars that were exposed for sale—I said, "1s. 6d."—he said hi could not give 1s. 6d.; and said he supposed he should have and—d row with his wife, as he had broken a pair—I told him he might have them for 1s.; but he then went away—he afterwards came back and said, "I suppose I must have them"—he gave me in payment a bad lorin—I took it in my hand and found it was a bad one—I kept him in conversation for some little time, till I saw a policeman come up, and I then gave him into custody, and gave the florin to the constable—the prisoner said he bad just taken it from his master—he did not say who his master was—I did not notice whether the florin that be gave me was bent; I don't believe it was.
Prisoner. I did not know it was bad at the time.
CHARLES SMITH . I am a tobacconist, at 5, Surrey-place, Newington, about a hundred yards from last witness—on Saturday night, 16th of this month, about 9 o'clock, the prisoner came to my shop and asked for half an ounce of tobacco, which came to 2d—he gave me in payment, a florin—I tried it in the detector, and found it was a bad one—I told him it was bad, and returned it to him—he said he had received it from his master for his wages—he did not say who his master was—I beat the florin.
Prisoner. I don't know where the shop is; I never saw the man to my knowledge.
COURT. Q. How soon afterwards did you see him again? A. Not till I saw him at the Police-court; that was on the following Monday—I saw him in a cell with three more prisoners, and I picked him out as being the person.
EDWARD JOHNSON , (Policeman, P 65). The prisoner was given into my custody on this Saturday night, for uttering a counterfeit florin—I asked him where he got the money from—he said, in the first instance, his wife gave it to him—I said, "Did jour wife give you the bad florin?"—he said, "No; I got it from a man in Spitalfields-market"—I said, "Do you know where the man lives?"—he said, "No; I never saw the man before"—I searched him, and found four shillings, six sixpences, three fourpenny pieces, two threepenny pieces, and fourpence, in copper, all good money—I produce the florin that Mr. Lewis gave me, and also the one that John Hayter gave me—I did not find any bent florin on the prisoner.
Prisoner's Defence. I am innocent; I work in Spitalfields-market as a porter for a man; I took the two-shilling piece there. I don't know who the man is I took it of.
GUILTY — Confined Nine Months.
76. FREDERICK YOUNG (22) , Burglariously breaking and entering the dwelling-house of Emmanuel Shevier, and stealing therein 1 desk, value 30s., 7 shifts, 5 pairs of drawers, 4 bedgowns, 13 napkins, 3 gowns, 1 box of surgical instruments, and other articles, value 8l., his property. Second Count, feloniously receiving the same.
MR. METCALFE conducted the Prosecution.
WILLIAM COLLINS (Police-sergeant, P 4). On the morning of 20th October, at 8 o'clock, I received information that a robbery had been committed, and I went to Commercial-road, Peckham—I there saw the prisoner carrying a basket, going towards London—I knew where he lived; he was about seven hundred yards from his own house, and about three hundred yards from the house which was broken into—I stopped him and asked him what he had in the basket—he said, "I am not obliged to tell you"—I was in plain clothes—I said, "I am a police-officer, and I wish to know what you have got in the basket"—he then put the basket down and said, "They are old clothes, If you want to know"—I saw the table cloth, and said, "It's good clothes; it is the produce of a robbery"—there was some straw on the top of the basket, and I lifted that up—I found three petticoats, six shifts, a table cloth, and a number of other articles, some wearing apparel, &c.—this is the basket and things (produced)—the prisoner then said, "A robbery! I know nothing about a robbery; I found this in a field by the Duke of Sussex, when I was going to market"—I then took him to the station, left him in charge, and went and searched his house, at 4, Park-buildings, Park-road, Peckham—I there found three aprons, two pairs of stays, two pairs of drawers, six napkins, three shawls, a writing desk, a paint box, and a box of surgical instruments, all claimed by the lady of the house that was broken into—I took the articles to the station; showed them to the prisoner, find told him I had found them in his house—he said two men had brought them in at half-past 5 in the morning—he said he did not think it was all right, and he packed them in a basket and was going to take them to the police-station—I told him he was going the wrong way to the police-station—he said he did not know where it was, and was going to try to find it—he was going quite the contrary way—he was going from his house, towards London—I then went to the house of Mr. Shevier, 37, Park-place, Peckham—that is about two hundred yards from the prisoner's house I believe—there are gardens at the backs of the houses, so that a person could get across; but it was not so in this case, they have to go a round-about way to get into the main road—I found at Mr. Shevier's that the
grating of coal-cellar had been removed and left open; that would lead into the bottom part of the house; but the grating was too small to admit them; it was left out—I found that the catch of the back parlour window had been forced back by some thin instrument; there was a mark upon the catch—I found this knife (produced) at the prisoner's house—there is a notch in it; it was there before I tried it—I opened the catch with it in the presence of Mr. Shevier.
Prisoner. Q. Did I not say I had a horse ia the Green-yard and I was going to it? A. I don't remember that; at the place where I took you there is a gate leading to the door of a house; but there is no thoroughfare—I did not take you through that gate; I took you straight back again.
CHRISTIANA SHEVIER . I am the wife of Emmanuel Shevier, of 37, Park-place, Peckham—I was called by my servant on the morning of 20th October, about a quarter-past 7—when I came down I found the place in confusion, and goods strewed about—these articles which have been produced are my property; and they were in the house on the previous night—I went to bed about 11, and the house was safe at that time—I saw it all fastened.
HARRIET COTTRELL . I am the wife of James Cottrell, of 3, Smith’s buildings, Park-place—on the morning of 20th October, about a quarter-past 8, I saw the prisoner coming out of his door—he had a basket on his head, like the one here—it was filled with straw, and something in it—three gentlemen, followed after him out of the house.
Prisoner. Q. Did you see anybody come out with me? A. Not with you; about a second afterwards.
ELLEN CONDEN . I am a widow, and live at 3, Weltonterrace, Peckham—I was asked by Mrs. Shevier to stay with her on the night of 19th October—she came to me and I stayed with her that night we went to bed about 11—the house was closed when I came at night—it was closed when I went to bed—I got up in the morning at 6 or half-past, I cannot say, the clock was stopped in the kitchen—I found the place in confusion.
Prisoner's Defence. The night the things were brought to my place I was in bed. My wife woke up, and saw the two young men who brought them; and they left them there. I got up on Sunday morning, packed them in a basket, and was going away to the station with them. There is Richard M'Carthy here, who will prove I was in bed.
The prisoner called.
RICHARD M'CARTHY . I live about three-quarters of a mile from the prisoner—I was with him on the Saturday night till 10 o'clock, and then he left me and went home—I did not see him again till the Monday morning At the Lambeth police-court—I went to his house at 7 o'clock, and we went out at 9; and he left me and went home—I saw Ashmore and another young man, I suppose it was Turner, there—I do not know his name—they left before we did—they went away at 8 o'clock, and then we went out with our music to the Crown, at Peckham, and Young left me there.
ELIZABETH BREWER . I live with a person named "Frenchy"—I lodge in the same house with the prisoner—I remember Saturday, 19th October—I saw him that evening in bed between 10 and 11—I then went out along with his wife to get something for supper; and when we came hack he was still in bed—that was about 12—I then went into my room to bed—I went in on Sunday morning to get the milk-pot, and saw three young men standing there—I know two of them, and should know the other if I saw him—they were Ashmore and Turner.
GUILTY on the Second Count.— Confined Twelve Months.
(See next case.)
TURNER PLEADED GUILTY .— Confined Eighteen Months.
MR. METCALFE conducted the Prosecution.
WILLIAM COLLINS (Police-sergeant, P 4). About 8 o'clock on the morning of 20th October, I found Frederick Young in the Commercial-road, carrying a basket of things which I have produced—after taking him to the station I went to the house where he lived, and there found a quantity of other property which I have also produced—I then went to Mrs. Shevier's house, 37, Park-place, and found the grating of the coal-cellar removed, and also the back-parlour window open, and the mark I have described on the catch.
CHRISTIANA SHEVIER . On the morning of 20th October I found the house in confusion; and that it had been broken open during the night—it was safe over night—I went to bed about 11, and got up about a quarter to 8.
HARRIET COTTRELL . I saw Frederick Young on Sunday morning, 20th October, about quarter-past 8, coming out of his house with a basket—shortly after, I saw three other men come out of the same house—it could not have been above a second—Ashmore was one of them, and Turner another; they were together with a third—they followed Young up the place—it is a street—there is only one way to go out—I only saw them follow to the end of the street.
RICHARD M'CARTHY . I live at 11, Little Stock well-street, Old Kent-road—on the night of 19th October, I went to Young's house about 7 in the evening—I saw Ashmore and Turner both there—they were there about an hour—I stayed till a quarter to 9, and then Young and I went out together; and then he left me—I did not see Ashmore and Turner again after that—I did not see any other man there at that time.
Ashmore. Q. Had I not been there before? A. I had seen you there three or four times gether—you did not have tea there on Saturday with me—I had a cup of tea there—I do not think you had any.
ELIZABETH BREWER . I live at 4, Smith's-buildings; Young lives in the same house—on Sunday, 20th October, about 8 o'clock in the morning, I saw Ashmore and Turner in Young's room—I did not see them doing any thing—Young was not there at that time—he only had one room—there was a strange man there with them, whose name I do not know—I left them there—I did not see either of them on the previous evening—I have seen Ashmore and Turner there twice or three times.
ANN YOUNG . I am the wife of Frederick Young—on Saturday or Sunday morning, 20th October, I saw Ashmore and Turner in our house—on Saturday night I saw them there about 8 o'clock—they were there about an hour, and then went out—I saw them again between 2 and 3 in the morning; I and my husband were in bed at that time—they brought these things in with them—they were together with another man—the things were there in the morning when I woke about 8 o'clock—the men went out in the morning—I don't know how long they remained there, or what time they left—I went to sleep after they came in—I saw them in the morning when I woke at 8 o'clock, and they went out then—my husband had gone out when I woke—I had seen them at the house two or three times that week together—it was between 2 and 3 when they came in our house, and about 8 when they went away in the morning—whether they remained there all that time or not I do not know.
on Monday, 20th October—on telling him the charge, he laid I was mistaken in the man; he bad not been in Peckham for four years.
Ashmore's Defence. I left Turner at 8 o'clock on Saturday night, went to the Surrey Arms, and stopped there till 12. I then went to the Bricklayer's Arms coffee-house and slept there. In the morning I went down to Young's house, stopped there till ten minutes to 8, then went with him to the top of the street, and went straight home at 10 o'clock. I have only Turner as a witness.
Cross-examined by MR. METCALFE. Q. Where did you see him? A. When he came round to Young's house—I was there with the other man; the one who is not in custody—I don't know his name—I knew him by seeing him about—we both went together to the robbery—I met him in the Kent-road at a public-house—I do not know the sign of it—I know what name they call the man; they call him "Cain—we call him that amongst ourselves—it was agreed upon between us that we should take the things to Young's house—Ashmore came round there to see Young—it was not talked over at all between me and Young—it was arranged the same day in the room at Young's house; Ashmore was in the other room at that time—he went away from the house with me—I remember Young going out with a basket of things on Sunday morning—I was then in his room—I followed him, and Ashmore went with me.
GUILTY of housebreaking.
JOSEPH ASHMORE was further charged with having been before convicted of felony on 1st February, 1859; to which he
PLEADED GUILTY,**— Six Years' Penal Servitude.
78. HENRY JACKSON (31), and ELIZA JACKSON (28) , Unlawfully obtaining goods by false pretences of Henry Sowdon and another; also, for a conspiracy with others to defraud the said Henry Sowdon and another.
MR. METCALFE conducted the Prosecution.
ELIAS PHILLIPS . I am a salesman to Messrs. Sowdon and Woledge, of Commercial-place, Old kent-road—they are upholsterers, in a considerable way of business—in the month of July last the male prisoner called at the warehouse—he wished us to send to 5, Grove-terrace, Hill-street, Peckham, to measure for carpets—he said he wanted them laid down at once, as he was about to get married—I inquired of him whether he wanted any furniture, he said, "Yes; a little," and I showed him some drawing-room furniture, and he selected some chairs, &c.—I then inquired if there was anything more—he said, "Not to-day," but the lady would call—I also showed him carpets for dining and drawing-rooms—as he was about leaving I inquired his name and address—he said his name was Edward Low, at the address he had given, Grove-terrace, cattle salesman, banking at Hill and Son's, Smithfield—he then left—he did not say anything about the place of business of Mr. Low; no more than that he was a cattle salesman, and that the family had been cattle salesmen for a century—he said they carried on their business at Bank-buildings, Cattle-market—I afterwards spoke to Mr. Sowdon about it, and, after making some inquiries to ascertain the truth of what the prisoner told me, Mr. Sowdon told me. to Supply the furniture—I waited until the lady came—she came either the same day or the next—she called with a person who represented herself to be the servant—the female prisoner
was the lady who called—she inquired if Mr. Low had called at oar establishment—I said that a gentleman representing himself as Mr. Low had called, and ordered some carpets and furniture, and said a lady would call; and they represented to me that this was to be the future Mrs. Low—she then asked to see some drapery goods—I showed them some, and they selected some furniture for a dining-room—after that, from time to time, we sent off goods which had been selected by both the prisoners—the servant called afterwards, and, in consequence of what she said, I went to 5, Groveterrace—I there saw the female prisoner, and she said she wished to see me about the dining-room furniture—we had sent some at that time; being too small for the room, she thought it would suit the breakfast-room better, and she should like to have dining-tables, six chairs, a couch, and a sideboard for that room—I came back again, represented it to Mr. Sowdon, and he said, "Very well"—I inquired if Mr. Low was in, and she said, "No"; he was out of town—I went there again several times, but I could see no one but the servant—in consequence of what she said, I sent some chimney-glasses to the same place, and also some more carpet, and some fenders, and tire-irons for the breakfast room—the things were sent up from time to time as we got them ready, and they amounted altogether ultimately to 158l. 16s., and then I took the account—I saw the servant, and she said that Mr. Low had gone to be married—I never saw Mr. Low again—I went from time to time to the house, and ultimately, on Monday, 29th of July I think, I found it shut up—that was two days after we had sent in the last goods I think—we traced the van which had taken the goods away—we found one van loaded with the goods, and we took possession of it, and we traced a quantity of others to Mr. Best in Rochester-row—we ultimately recovered the greater part of them—Mr. Best is a furniture dealer; he deals in second-hand furniture—on 16th October, we found the prisoners in custody—I recognised them as the man I had seen, and the intended Mrs. Low—I never up to that time knew of any other name—on that day I went with the police to 2, Elizabeth-place, Wyndbam-road—I saw the prisoners in custody at the station—I also saw there a pair of curtains, a curtain-holder, and some anti-macassars, which I had sold to the prisoners—if I had not believed that the prisoner was Mr. Low, and that he had a banking account, I should not have parted with the goods.
Cross-examined by MR. BEST. Q. Did you part with the goods, in consequence of what the male prisoner told you? A. Yes; it appeared to be all right.
JAMES FOSTER . I am clerk to Messrs. Sowdon and Woledge—I saw the female prisoner in the shop—I cannot say positively the date—I should say it was the day after the male prisoner had been there—that was in the early part of July—I saw the back of the male prisoner—the female selected some goods which were subsequently sent off—on 29th July, in consequence of what I heard. I went to 5, Grove-terrace, and found the house shut up—I then went to Charlotte-street, Old Kent-road, and there found a van loaded with our goods, which I took possession of—next morning I found some more of our furniture at Best's, in Rochester-row—that has also been returned.
GEORGE HULL (Police sergeant, P 32). On 16th October, I went to Elizabeth-place, Wyndham-road, with Inspector Worels—I saw the male prisoner there in the yard—I told him I should take him into custody for obtaining goods from Messrs. Sowdon—he said, "I never had the goods—I cautioned him that anything he might say might be used in evidence against him—I
then went into the house and saw the female prisoner there—the male prisoner then said, "Yes, I did have the goods, I got them at the dictation of a man of the name of Low"—the female was present—he said he had not had any money except 4l.—I made the reply that it had been stated that the mistress got more money for them from Best—he said that Johnson and be were present in the Vauxhall-bridge road on the day the goods were taken away—he also said that Best asked him if the goods were hired, and he replied, "No, they were not on hire, they were got otherwise;" and Best then said, "Then I will have them—I round this pocket-book (produced)—there is nothing affecting this case in it—I also found some curtains, table-covers, antimacassars &c., which bare been identified by the prosecutors—these are they (produced)—I showed them to Mr. Phillips and be identified them—I also found at the house the marriage certificate of the prisoners in a box in the front parlour (This contained the names of Thomas Tapley and Elita Wahfdd, dated, October 15th, 1854).
Cross-examined. Q. When did you find that? A. After the prisoners were committed.
EDWARD WORILS (Police-inspector). I went with the last witness—when I first went into the room, Jackson turned round to his wife and said, "Here's a pretty go; they have come to take us about that affair of Sowdon's "—Mrs. Jackson said, "We have been the dupe of others, what we did we did innocently—I found a great number of duplicates in the house, sixty altogether; none relating to this furniture—I found a list of goods, some referring to these goods, and on the back of it was "Mr. G. Best, 5, Rochester-terrace—on the following morning the prisoner told me that his name was Thomas Henry Tapley, and that he was married to Elisa, October, 1853; and the reason he gave the name of Jackson, was that he had taken the house in Wyndham-road in that name—I do not know of my own knowledge whether any of the tickets relate to the property.
HENRY SOWDON . I carry on business in partnership with Air. Mr. Weledge, as upholsterers—in July last, in consequence of what Mr. Phillips said to me, I looked in the directory and also made inquiries at Hills' the bankers—in consequence of what I then ascertained, I authorised Phillips to execute the order—I should not have allowed the order to have been executed, if I had not believed that Mr. Low had a banking account at Hill's.
Cross-examined. Q. All these goods are credited to Mr. Low, are they? A. Yes.
WILLIAM AUSTEN . I am carman in the employment of Mrs. Cook, Curtain-road—she lets vans—on Monday, 29th July, I removed some goods in a van from 5, Grove-terrace, Peckham—I drove one van, and there was a second van driven by another man—I drove my Van away to Best's in Rochester-row—I left Peckham about half-part 7—we were ordered to commence loading at 5 in the morning, but we did not get there before 6—I did not see a gentleman named Jackson there—I saw two or three gentlemen—they did not assist in loading the van—I only drove it away—I had nothing else to do with it—I started with the first van—I did not afterwards see the other van loaded—when I came back I saw a van opposite Mrs. Cook's door—the policeman took possession of that van and the goods—I saw the male prisoner at a public-house where I was stopping for the other van to come to me—that was on the other side of Vauxhall-bridge—after I had got my load I was going to Rochester-row—I was stopping at a public-house, and I saw Jackson there—I do not know where he came
from—that was the first I saw of him—I never saw him More in my life—he did not say anything to me—he took me in and gave me a pint of beer.
Cross-examined. Q. He did nothing to the van, and gave you no instructions about it? A. No—there were four or five of them together, and they gave me some beer, and Jackson was with them.
COURT. Q. Were they the same gentlemen you had seen at the house when you were removing the things? A. Yes, one of them I saw.
JAMES WATTS . I am clerk to Messrs. Hill and Son, bankers, of West Smithfield—Mr. Edward Low, cattle salesman, keeps an account there. I know nothing of either of the prisoners—they have no account there—Mr. Low has been for some years in business—I know him well.
EDWARD LOW . I live at Myrtle-cottage, Islington, and am a cattle sales man in the cattle-ma, ket, and have been so for many years—I have an Account at Messrs. Hill—I know nothing at all of the prisoner and his wife—I never gave them authority to use my name—I do not know any other person of my name in the business.
Cross-examined. Q. How long ago is it since you saw him last? A. Two years—he then told me he had token a house in France, and had come over to order some beer.
WILLIAM BUTCHER . I am assistant to Messrs. Adams, of Bermondsey-street, pawnbrokers—I produce some goods that were pawned on 12th July—I have the ticket—it corresponds with the one that Sergeant Hull has produced—this is the sheeting that was then pawned—it is not made up at all—as far as I can recollect it was pawned by the female prisoner in the name of Eliza Austin.
Cross-examined. Q. Who do you say pawned those things? A. To the best of my recollection, the female prisoner—I cannot swear to her—it was on 12th July—a great many persons have pawned there since then.
MR. METCALFE. Q. Was it a woman? A. Yea; and to that woman I gave the corresponding ticket, which has been produced.
H. JACKSON— GUILTY .
E. JACKSON— NOT GUILTY .
HARRIS PARR . I live at 42, Blackman-street, Borough—on 21st June last I was in partnership with my brother, carrying on the business of ironmongers—on that day the male prisoner came into our shop—he said he was about being married, and wanted his house furnished—he gave his name as Edmund or Edward Low, salesman, in the market, and had a banking account with Hill's—he requested that some party should be sent out, as he did not know much about that business, and he wanted one of us to come and see what he wanted; he said the house was 5, Grove-terrace, Peckham—I went to the house, and I there saw the male prisoner and a woman whom he represented as being his servant—he ordered the furnishing of his house to the amount of 58l. 18s. 4d.,—he said he was about being married—his intended wife was not there then, but about a week afterwards the servant that I saw there, called at my house, and introduced the female prisoner as the intended Mrs. Low—she then selected some things, and took some away with her—there was a good deal of electroplate which he said he thought beat to leave to her—there was also a dressing
case, a razor strop, and a pair of razors—she said she wanted the dressing case for her intended husband—I fancy she said, "To make a present of it"—I, on that occasion, asked her when I should go for payment of the goods that had been seat before—she said if we would send out a bill no doubt Mr. Low would like to look over it—I went to the house that night, saw the female there, and requested her to hand it to Mr. Low—she said that Mr. Low was at that time at Romford, and he might go on to Leicester—I went again a day or two afterwards, and only saw the servant—I did not see either of the prisoners again after that—I called several times—about four weeks after the goods were supplied I went to the house, and found it shut up—this dressing case, razors and strop (produced) are the goods that the female prisoner took away with her—what induced me to part with the goods in the first instance was the female prisoner's reference to the bankers, and in the next instance it was the male saying she was going to be married to Mr. Low—I made inquiry at Hill's, and parted with the goods.
Cross-examined by MR. BEST. Q. They were all put down to the husband? A. Yes; she told me to put them down to him—she ordered some herself—this is my invoice (produced).
JOSEPH DEVONPORT . I am shopman to Mr. Bunce, a pawnbroker, at Gravesend—I produce a cruet-frame, which was pawned at our place on 7th August last, by a girl of the name of Howard—she was discharged at Lambeth police-court.
WILLIAM BUTCHER . I produce a butter-dish, some dessert-spoons, four table-spoons, and a gravy-spoon, all pawned at our house on 12th July—I cannot speak positively to the person who pawned them, but to the best of my belief it was the female prisoner—I gave this ticket (produced) to the person who pawned them.
GEORGE HULL (Police-sergeant P 32). I took the prisoners into custody—the male prisoner told me that the female was his wife, and that his name was Tapley, and that he was married in 1854—Inspector Worels found the duplicates.
WILLIAM JAMES BURDETT I live at New Cross, and am in partnership with William James Bacon, dealers in china and glass—on 15th July last, the female prisoner came to our house, with a servant—the servant said that the young lady with her was going to be married to her master, Mr. Low, a cow dealer, and had come to select a quantity of goods, and any they might select which Mr. Low, when he came the next day, might object to, be would select others instead of them—they selected at the time more than 20l. worth of goods, among which were goods amounting to 2l. or 3l. which they stated they wanted at once as the house was empty—we sent those goods at once—on Thursday, I believe the male prisoner came and asked if his wife had not selected some goods—I told him that she had, and showed him what the things were that had been selected, and a few others—he spoke of her as being then his wife—I was induced to part with the things with which I parted that day, by knowing that the Lows were a very respectable family, and the goods would have been paid for when they were sent in.
THE COURT considered that there was not sufficient evidence again the female prisoner.
HENRY JACKSON.— GUILTY — Confined Twelve Months.
ELIZA JACKSON.— NOT GUILTY .
MR. COOPER conducted the Prosecution.
ELIZA JONES . I am the wife of William Jones, and live at 3, York-place Pitt-street, Old Kent-road—the prisoner came and lodged with us last year, and his wife soon afterward came to him—in June last his son and daughter also lived with him—his son was three years old, and his daughter twelve—on this Saturday morning about a quarter-past 8, I remember the deceased asking for the street-door key—I gave it to her—she went out and returned in about two minutes, gave me back the key, and went upstairs—after she had been some little time there, I heard loud words, and then I heard a scream and a fall to the ground—in consequence of that I went upstairs, knocked at the door, and entered the room—their room is just over my back room—on entering the room I saw Mrs. Pinfold lying behind the door in a kind of squatting position, with her knees under her—the prisoner was standing at the fire-place, and the daughter at the foot of the bed against her mother—I asked the mother to get up; she said she could not—the daughter then screamed, and asked Mrs. Leith, another lodger, to come in and help her up—the came in and lifted her up—Mrs. Pinfold said to me that she would tell me how the words occurred—she said, "I went out and bought some bread and butter and two herrings for breakfast, gave three-farthings for one, and ahalfpenny (for the other, and because I did not account for the farthing, my husband served me so"—she said that her husband had out the children's bread and butter, put the breakfast things in the cupboard, and would not give her any—the prisoner said, "You pulled my hair," and she said, "You would not let me have any breakfast, and I went to the cupboard to get it"—he then went to strike her again, and I prevented him—she told me that he had struck her before that, and knocked her down; she did not say where—I assisted her into the other room, and at 3 o'clock she died—I saw her at that time—I believe the prisoner gave some one some money to get her some brandy—I do not know—I was not with her when she died.
Cross-examined by MR. BEST. Q. They were not a happy couple were they? A. No—she was a very inoffensive woman—I believe he enraged her to pull his hair.
CAROLINE PINFOLD . I am the prisoner's daughter—I lived with my father and mother in this room—we had one room where we all lived and slept—I remember the morning that this occurred, and father quarrelling about the herrings—they quarrelled about the breakfast—he wanted a farthing to buy some milk to put in the coffee, and he asked where the farthing was, and mother said one was a halfpenny and one was three farthings—he out my breakfast off and Johnny's too, and told mother she should not have any breakfast—he went to put the breakfast away, and she pulled his hair, and he hit her on the right side—when she received the blow she fell behind the door—she was afterwards taken up by Jane Lindo and Mrs. Leith, and put to bed—I had gone to a shop for my father, when my mother died—after she died, my father told me if I told anything about it, that he hit her, he would beat me—I had not been in the room quite all the morning—I was in there till my mother fell down—she had not any fall that morning before father hit her.
HANNAH SIMPSON . I am the mother of the deceased, the prisoner's wife—I remember the day of her death—the prisoner came to me at night, and told me of it—my daughter's health was pretty good before this, so far as I know—I bad not seen her for a fortnight—she appeared pretty well when I last saw her—she was in St. Thomas's-hospital about two years ago—that was from want, I believe.
Cross-examined. Q. You did not see her very often? A. No; I am always out—I do not know whether she has suffered from abscesses in the womb—she never complained to me of anything of the sort.
WILLIAM HENRY DRY . I live at 40, Salisbury-place, Looks-fields, and am a surgeon—I was called in on this Saturday afternoon to the prisoner's wife—she was dead at that time—I was afterwards called in by the Coroner to make a post-mortem examination at the workhouse—I found a discoloration on the left side, extending over the sixth, seventh, and eighth ribs, and on the thigh; the spleen is on the right-side—on opening the body I removed the peritonaeum, and presented to my view was the coagulated blood—I found the splenic artery ruptured—I removed the spleen and found it ruptured—I examined the other principal organs of life, and they were all healthy except the uterus—there had been disease of the uterus—rupture of the splenic artery was the cause of death—a violent blow inflicted on the right-side, and the body falling on the opposite side on any hard substance, would be likely to produce a rupture of that character—I afterwards examined the room—I did not observe anything there which would produce a rupture of this kind, except from a person falling with violence; no projecting surface—a person being struck on the one side and falling on the other would produce this, or being struck on that side over the spleen.
Cross-examined. Q. Supposing a person got out of bed and fell on a chair, would that cause it? A. No; it wants a violent fell to cause it; it must have been a very heavy fall—if I fell over this rail I should most likely fall very heavy—if a woman stood up in a bed, and fell down over a chair, that would very likely cause it.
COURT. Q. Was this a high bed? A. It was a low bed; what they call a stump bedstead—I did not see any chair at all—there was a table by the side of the bed.
MR. COOPER. Q. Having heard the evidence that you have in this case, is it your opinion that the blow given and the fall you have heard described would produce that injury? A. Certainly; persons who fall by themselves protect themselves with their hands when sober.
HENRY NUTTALL (Police sergeant, P 17). I went to 3, York-place, Pitt-street, Old Rent-road, on 13th—I saw the prisoner and told him I should apprehend him on suspicion of causing the death of his wife, by assaulting her—he did not say anything at that time—on the following morning he said she was in the act of getting out of bed, and she had fallen and hurt herself.
JANE LINDO . I live at 2, York-court—I was in this house where the poor woman died, about 8 or half-past—I heard a scream, and went to the door of the room—I there saw Mrs. Jones, the landlady standing at it—we went in, and I saw the prisoner going to strike his wife, and Mrs. Jones prevented him with her arm—I got the deceased up with the assistance of Mrs. Leith, and got her into Mrs. Leith's room—she was bleeding a little, and she had a bruise on her left temple—I left her in the room, and afterwards came back; she then complained of pain in her left side—that was about 9 o'clock—I then undressed her, and helped to put her to bed—she still complained of pain in her side—before I undressed her, about 11 o'clock, as near as I can
judge, she said she had fallen into the chair as she was getting out of bed—about 3 o'clock on the same day she called me and Mrs. Leith to the bedside—she then said, "It was not Mr. Pinfold that done it; it was her old complaint come back again"—that was just before she died; she died about 3 o'clock.
Cross-examined. Q. Did you see the prisoner there at that time? A. Yes; he was very kind to her then, and gave her some brandy—I did not see any gin.
JANE LEITH (examined by MR. BEST). I remember going to this house on Saturday morning, about half-past 8, in which this poor woman died—she was on the floor behind the door—I asked her to get up, and she said she could not—I got her up, took her into my room, and sat her on a chair—while she was there the prisoner came in—he was kind to her then—I went to his room and he gave me sixpence out of his pocket, and I sent the little girl to get some brandy to drink—she had the brandy in my room—she was led from there to her own room, and had some gin-and-water there—she complained of a pain in her side—she had said that she had been in the hospital, and had been ill—I know nothing of her falling on the chair.
MR. COOPER. Q. Did you say to the prisoner at any time that he had hit her on the side? A. I went into the room and asked him if he had hit her on the side—he said no; she was pulling his hair and he pushed her.
GUILTY .—Recommended to mercy by the Jury.
Confined Eight Months.
Before Mr. Common Serjeant.
MR. DICKIE conducted the Prosecution.
MARY STANLEY . I live at 42, Henry-street, Kent-street, and am the wife of John Stanley—on the evening of 26th October I took home a female who was drunk, to the prisoner's house—I saw the prisoner there—she lives up-stairs in the same house—the other woman lives in a different room—I saw her safe up-stairs into her own room—the prisoner, who was in the passage, asked me for some lucifers—I gave her some, and she went up-stairs and upset something, and then came down and said I had been in her room and broken her lamp—I said it was false, I had not been in her room—she said she should get murdered for it—I had a child in my arms—Mr. Hunter, the man that she lives with, came home—she said she wished I had not got the child in my arms—she kept on repeating in his presence about the breaking of the lamp—a little girl named Martha Crane took the child out of my arms—she is no relation to me or the prisoner—I did not give her the child; she took it from me—the prisoner said, "If you had not got the child in your arms, I would give you something for yourself;" and then the girl took the child from me—the prisoner then struck me across the top of the head, and I fell—I did not see the instrument; I cannot say what it was—after I was down I was bleediug very much, and she hit me again, but I do not know whether it was with the same instrument—the second blow was at the back of my head—I bled very much—I was under the surgeon's care for a fortnight—two men picked me up in the passage and stood me against the door, and I was led to the doctor's.
Prisoner. She came up in my room and broke the lamp. Witness. I did not, I was never in your room in my life.
COURT. Q. Did you know where her room was? A. Yes—the back room, second floor—there is only one up-stairs room to the house; it is one
story high—I have never been into her room in my life—I did not go In on ibis night and break her lamp—she was not with me when I brought the drunken woman home—I brought the woman out of Kent-street; not out of a public-house, but out of the street—I only saw the prisoner coming down Henry-street while I was taking the woman home—she came in just after us—I had not spoken to her before I got in—this woman was no friend of hers, but only occupied another room in the house—the prisoner had not been drinking with me in the Black Horse—I never drank with her in my life.
Prisoner. She accused me of stealing the drunken woman's shawl? Witness. No, I did not; nothing of the kind.
BETSEY NEUTCH . I live at 12, Henry-street, Kent-street, South wark—on 26th October, in the evening, I heard a noise at Mr. Hunter's house—I saw the prisoner there—I heard a bit of a bother and went down—I saw Mrs. Stanley there—Mrs. Hunter was inside the passage and Mrs. Stanley outside the door—Mr. Hunter had his arm across the door, smoking a pipe—Mrs. Hunter said, "What would I give you if you had not that child in your arms," and then the little girl took the child from Mrs. Stanley's arms, and no sooner was the child out of her arms than the prisoner struck her on the head—I saw this instrument (produced) in her band—Mrs. Stanley fell into the passage—I did not see another blow struck—the blood gushed into Mrs. Hunter's face—I went up the street for the two policemen, and when I came back Mrs. Stanley was outside the door bleeding very much—I am sure this is the weapon that the prisoner had in her hand.
DENNIS CLARK (Policeman, M 108). On the evening of 26th October, I was called to Henry-street, Kent-street, where I found the witness Stanley bleeding very much from the head—I was in company with another constable—I saw her bleeding from two wounds in the head—I asked her who had done it, and the prisoner was pointed out to me as the person—she was trying to get up stairs when I apprehended her—I told her I took her for stabbing Mrs. Stanley—she made no reply—I did not see this instrument.
COURT. Q. Could you tell whether tie prisoner was sober or drunk? A. Well, I should say she was not drunk: she had been drinking.
FREDERICK HOUGH (Policeman, M 112). I was called to 24, Henry-street, on the evening of 26th October—I saw the prisoner and prosecutrix there—the prosecutrix was bleeding from the head very much—the instrument was described to me as a steel—I looked about, and that was given to me by Mrs. Stanley's husband—I do not know of my own knowledge that it belongs to the man the prisoner lives with.
JOHN KILWATER . I am a surgeon at 135, Dover-road, Walworth—on 26th October, about 12 o'clock at night, the prosecutrix was brought to my shop bleeding from two wounds on the head, but not much; the bleeding had nearly ceased then—I dressed the wounds—one was half an inch in extent, and the other an inch—they were both lacerated wounds—this instrument is very likely to have caused them—they must have been done with an amount of violence—it went to the bone, but it had not injured the bone—the prosecutrix was under my charge a fortnight.
COURT. Q. Were they dangerous wounds? A. Not in themselves—they might have produced erysipelas or exfoliation—the prosecutrix was not drunk—it was what we call a penetrating lacerated wound, as if done with the point of a weapon.
Prisoner's Defence. I went out shopping with the woman from the front room, she has treated me twice; I went in to treat her, and in that public-house
I saw Mrs. Stanley in front of the bar; she came and drank with us and borrowed sixpence of the young woman I was with; we went home, I carried Mrs. Stanley's child home to the woman's door; she went into the young woman's room; I went upstairs, and soon afterwards she came upstairs and told me I had stolen the young woman's shawl; she challenged me to fight; she said she would pay it to me, she owed it to me; a month before that she burst in my door and came in and kicked me; coming downstairs in my passion, and having the drink, I don't know what I have done; I am very sorry for what I have done.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY .
83. ALFRED SHEA was again indicted for burglariously breaking and entering the dwelling-house of Henry Faulkner, and stealing therein 1 box, 5 spoons, 1 scoop, 1 case of drawing instruments, his property; and 1 shawl, the property of Rachel Newton. Second Count, Feloniously receiving the same.
MR. HORRY conducted the Prosecution.
RACHEL NEWTON . I am servant to Henry Faulkner, of 7, Bedford-row, Claphain-rise—that is his dwelling-house—on Sunday evening, 22d September, I fastened the house up—the back drawing-room window was quite fast—I put the latch to—I and the family went to bed about half-past 10 o'clock—I left this shawl (produced) on a small table in the kitchen—I came down next morning about half past 6—I had left a desk also standing on the table—I found it on the floor in the kitchen—the things were turned out—I missed my shawl—I called up the family—the drawing-room window was half open—the blind was half up at one end, pulled up untidily as if it had been hastily drawn up.
Cross-examined by MR. DICKIE. Q. Do you swear to that positively, as being your shawl? A. Yes, because there is a mark in one corner where the box was shut on it and went through it—I have no mark by needlework—the shawl was put in the box and the bolt of the lock went through it.
COURT. Q. How long were you up before you came down? A. Not long, about a quarter of an hour—I did not hear the clock strike 6—I was the first down.
EMILY LUCY FAULKNER . I am the wife of Henry Faulkner, of 7, Bedford-row, Clapham—on the morning of the 23d September, about 7 o'clock, I was called up by my servant—I found the drawing-room window wide open, a pane of glass cut out of it, and the latch put back—I found the inside of the drawing-room door very much cut—it had been locked securely on the outside on the night before, and it was forced and very much cut about and disfigured—they succeeded in opening it—I missed a silver snuffbox, and a set of drawing instruments—I have never heard anything more about them—my house is only separated at the back, from the fields, by a low wall.
COURT. Q. What parish is it in? A. Lambeth, I believe.
GEORGE WATERS . I am shopman to Mr. Barnett, of Saville-place, Lambeth, pawnbroker—on the morning of 23d September, this shawl was taken in by me—I have the duplicate—it was pledged by a female whom I do not know.
JOHN PHILLIPS (Policeman, P 64). On the night of 5th November, or the morning of the 6th, I was on duty in Cranmore-road, Brixton, about a quarter past 12 o'clock—I saw the prisoner come over the gate of Mr.
Sangster's house—he could not see me—he ran, and I ran after him, and sprang my rattle, calling out, "Stop thief"—he was stopped by two constables, of whom Parren was one, in the Foxley-road—when I got up to him, I said, "He has been over Mr. Sangster's gate, in his garden; I saw him come over the gate"—he said, "You are wrong; I was only standing under it"—constable 380 then said that he saw him throw something over the wall—he made no answer to that—360 and 377 took him to the station—I went to the garden, and found there this screwdriver, wrapped up in paper, and a knife—on 6th November, the day the prisoner was remanded, I went to No. 1, Smith-street, Kennington—he was apprehended on the 6th, and taken before the Magistrate on the 6th—he gave his name, but refused his address—I ascertained where be lived, and them went to his house—I found a woman there, who represented herself as his mother—I searched the house, and found four duplicates, one relating to a shawl that was pawned on 23d September—I found that in the spice-box, on the kitchen mantel-piece—the two duplicates that his mother gave me related to her own property—I afterwards went to Mr. Faulkner's house—the place had been so damaged that they had been obliged to have the carpenter there—there was only one mark that I could bring to correspond with that screw-driver, and a bradawl—that mark was on the cheffonier.
Cross-examined. Q. What sort of lane is this? A. It is road, with houses on both sides of the way, leading from Brixton-road to Foxley-road—I was about thirty or forty yards off when I saw him—this is a common screwdriver—I took the woman into custody also, after I had ascertained that the scarf was the proceeds of the robbery—I found that some of these duplicates referred to property belonging either to the prisoner or the woman.
COURT. Q. Was it from something you heard from some one, in the prisoner's absence, that you went to 1, Smith-street? A. Yes—I found a duplicate there, amongst other things, which I produce—the woman I found there was taken in custody on the 12th; six days afterwards—I took her at that very house—she and the prisoner were not brought together afterwards—I heard no conversation between them—I never saw them together until the time I had them in custody—they were not in company then—I do not know that she was his mother—my only reason for saying that it was his house was that somebody sent me there, and that somebody there stated that she was his mother.
JAMES PARREN (Policeman, P 377). On the morning of 6th November, about twenty minutes past 12,1 was on duty in Foxley-road—I heard a rattle spring, and saw the prisoner running, followed by Phillips—just before we took him into custody, he threw something wrapped in paper over a wall—Phillips afterwards brought a screwdriver and a knife—I assisted in searching the prisoner at the station, and found on him nine skeleton keys, a centre-bit, a bradawl, three wax tapers, and a quantity of silent lucifer matches—I asked for his address—these boxes have been claimed.
Cross-examined. Q. Could thatcentre-bit have been worked without a handle? A. There was no stock to it.
COURT. Q. Do you know that Alfred She a is her son? A. I believe he is—I know him—he has lived with her ever since.
Cross-examined. Q. How fire off do you live? A. About 120 yard—I
could not see the prisoner daily—I can state that he was not away a month at a time; I should most likely have made an inquiry if I had not seen him So long.
COURT to GEORGE WATERS. Q. Is this the duplicate you issued? A. Yes; "Ann Jones" is the name on it.
The prisoner's statement before the Magistrate was here read as follows: "My mother is quite innocent; the duplicates are mine; my mother knew nothing of my duplicates, because I always kept my things by themselves; I have a room to myself."
GUILTY .— Four Years' Penal Servitude.
There were other indictments against the prisoner.
MR. BESLEY conducted the Prosecution.
ALFRED RAY . I am a cook on board ship—I know Jane Russel—I was in her company on 22d October, at 6, Market-street, Borough-road—there was a bit of a quarrel between us—I have every time I have been home, cohabited with her—after the quarrelling the prisoner came to the house—he came up to me between 5 and 6 o'clock, and asked me if I did not know him—I said, "No"—I had my foot on the cill of the door, and he was standing outside—he said; "You must know me"—I said, "I never saw you before; I am not acquainted with you—he got mauling about my face, just shaving my nose, and hitting me on my waistcoat pocket with his hands—I said, "Go away; you are not acquainted with me; I do not want to have anything to do with you"—he said, Alf, you knew me well on the Downs"—I said, "What Downs? I was never ashore on the Downs; I have passed it some scores of times—I asked him if he would go away—he insisted on not leaving me, and I shoved him away—he walked back to me on to the cell of the door—I said, "You had better go away," and shoved him right off the kerb, which was not above two yards—he came back to me again, but said nothing—he then went away, and I followed him and asked him what he knew of me—he had another pal with him waiting—I had not seen anybody before that with him—this other person was not present then—I went down the street and asked him what he knew of me, and while I was speaking to him another man came up—I was still following him; holding him by his collar—the other man struck me a violent blow on the jaw, and ran away—I then struck Phillips a blow or two at least—I struck at him; I do not know whether I hit him or not, and ran after the other, but could not catch him—I came back to see if I could get hold of Phillips, but he was gone—he went into No. 13—I did not see him go in, but I found him there shortly afterwards—there was some matting before the door, which kept it from closing—I shoved it from the outside to open it, and my strength being greater than somebody's who was pushing inside, I forced it open, and saw the prisoner inside—I heard a female say, "Chive him—the door was then thrown open upon me, and I received a knife in my left breast—I saw something glitter, but I was not aware I was stabbed—I left the door and walked away—a female said, "You are stabbed—I then put my hand to my left breast and found I was bleeding very fast, and was exhausted—I had then walked two or three yards—they took me away to the nearest doctor, and from there to the hospital—I did not see the prisoner as I was pushing the door open—I believe he was behind it—I saw the figure of a man—ho could not get behind the door because it was thrown
completely back—I believe it was the prisoner—I swear it because there was no other man in the house—I had been drinking with two or three friends, but was not drunk.
Prisoner. You said at the police-court that we were fighting in the road, and that you struck me in the passage, Witness. I never said that I struck you in the passage.
COURT. Q. Did you never see the prisoner before? A. Never in my life—I had been ashore about a week, and had been with Jane Russel all night and all day—I had the quarrel with her at a little after 4 o'clock—I had not been drinking with her—the quarrel was about an hour before Phillips came up—I did not strike her—I did not hit her as I am aware of—I do not believe I did—I might have shoved her—she has a room upstairs, and one downstairs, but the quarrel took place in the passage—she was not there after the quarrel, she had left the house—I did not push her out—I never saw the prisoner before—he asked me if I knew Harry Raging; he is an ordinary seaman, and since that he has been on board one of the Navigation Company's boats; he sailed with me—when the prisoner walked from me at my repeated request, I followed him because he said he knew me in the Downs, and I went after him to ask him to explain himself—I went to No. 13, because another man had hit me, and I wished to ask the prisoner what that man hit me for—I did not put that question to him, but I have asked him in private, and he made me no answer, but turned his beck to me—I never took hold of him, I tapped him on his shoulder—I never took hold of his collar, not as a prisoner—I did not leave my hand on his shoulder—I saw him the same evening after this assault at the police-station—I should judge him to be sober.
JANE RUSSEL . I live at 6, Market-street, Southwark—on 22d October Ray left me for three quarters of an hour, and came back intoxicated about ten minutes past 5—he was a little the worse for liquor, but not very much—we then had a few words, and he struck me once—I said, "To save any more words, I will go out," and he stopped in—I went to Phillips's house, 13, Market-street—I afterwards went back to my house, we had a few more words, and I then went back to No. 13, and was in the same room as the prisoner's sister—the prisoner said, "What is his name, is not his name Jack?" I said, "No,"—my sister said, "You had better stop here a few minutes, perhaps he will be cooler"—I understood "him" to mean Ray—the prisoner said, "What is his name?"I said, "Alf"—he said, "I know him, I knew him in the Downs; I will go up to him, and perhaps we shall get a glass of something to drink out of him, I will see if I can quiet him a bit"—I went out and saw the prisoner standing by the door of No. 6, pushing Ray by the shoulders—that was about three minutes to 5—after that another person stopped Ray with the prisoner, and hit Ray on the side of the head—he went away, came back with the prisoner, and asked him why he struck him, he told him to ax * *—the prisoner then went and stood at the door of his house, and the prosecutor was standing close to the door—I do not know whether Ray attempted to get into the house, but they went into the road, and had a tustle together, and the prisoner left him and returned to No. 13—Ray followed him, he stood by the door, and said if be caught him there he would lock him up—he was immediately inside the door—my sister came out and said, "If you strike him, I will strike you with the poker;" and the poker was thrown out at the window—the prisoner came out again, they had a few more words, and another tustle in the road—the prisoner then went buck to the house, to the parlour door, and I went
into the kitchen—the door would not dose because of the mat, and I heard somebody pushing it—I went towards the door, and saw the prisoner and his sister—the prisoner had a knife in his hand—I saw him rush out, and when he returned he said, "Now I have chiv'd him"—I saw the door opened about quarter or half a yard—I did not see who pushed it, but I beard Ray say, "If I catch him, I will lock him up"—it was then that the prisoner went towards the door with a knife in his hand—he still had the knife in his hand when he returned and said, "Now I have chiv'd him"—I did not see any blood on it—I saw him put it in his pocket, but what sort of a knife it was I cannot say—the prisoner's sister said, "It serves him right."
COURT. Q. Was Ray violent? was he making a great effort to strike you? A. Not a very great effort—he pushed the door, and tried to get at the prisoner—it is the prisoner's sister's house—I never saw the prisoner but twice in my life—I am only friends with his sister as far as seeing her at the door, and saying good morning.
JOHN FREEMAN (Policeman, M 122). I took the prisoner on 1st November—I ran about a mile after him, and said, "Do you know what I am taking you for?" he stood a moment—I said, "If you do not know I shall tell you, for stabbing that man in Market-street, Borough road;" he said that he would do it again to any party who would strike his sister.
HENEY JAMES O'DONNELL . I am a surgeon of Albert-terrace, London-road—on 22d October, Ray was brought to my surgery, very much exhausted from loss of blood—he had a wound in the neighbourhood of the collarbone—I dressed it, bubbles of air were issuing from it, showing that the lungs were punctured—he fainted frequently from lost of blood—it was a clean punctured wound, done with a sharp-edged tool, through his coat, waistcoat, and under-shirt, and puncturing the lungs—his drawers were saturated with blood—it was about an inch deep, ft was a funnel-shaped wound, more deep at the base than the termination—it was inflicted by a knife, or most likely a dagger—it was a stab—I sent him to the hospital—the blow must have been given with very great force to cat through a thick pilot coat, and through his clothes—I considered his life in great danger—I was obliged to have him removed is a recumbent position, as I thought he would have died—he is getting well now.
The prisoner's statement before the Magistrate was here read as follows: He said he would fight the whole of the street, and would have my liver out, before I struck him with the knife.
COURT to ALFRED RAY. Q. Did you offer to fight? A. Not at all—I did not say that I would fight the whole of the the street, or that I would have his liver out—I did not threaten him a word—there were no angry words—he struck me in the jaw, and ran away—I did not threaten his sister at all—the people told me something about being struck with a poker, and they picked up the poker and said, "You shall not do it, you shall not knock out his brains"—the poker had been thrown out at the window—the man who ran away struck me the blow, and knocked me in the back.
COURT to JANE RUSSEL. Q. Did you hear him threaten the prisoner's sister? A. I did not; she said that if anybody struck her or her brother she would hit them with the poker—she was outside the door—I saw no mark on her of her having been struck—Ray was outside—he was not violent—he was standing by the palings—I did not see him strike or push her.
Prisoner's Defence. I went to see my sister, and Jane Reynolds came down for protection; I said, "Perhaps I can go and quiet him for you;"
I want up to the door and said "Holloa, Alf, how are you?" and he struck me and knocked me down on the pavement; he caught told of me again felled me to the ground; I got away from him and ran in doors, and two men came and stopped him, and laid that he ought to be ashamed of himself; he said "I do not care a b----for all the men in the street, I will tear the b----y liver out of him; my after said, a You shall not hit him;" he came into the passage and I could not get any farther back, and I stabbed him with the knife, if I had not, he would have come near and might have choked me; he was intoxicated.
The Primmer called.
MARTHA PITTS . I was at my house on this night—I went up to Jane Russel's, and heard screams of murder—she afterwards came down to my house, my brother was there—she asked lam to go up and get his clothes and speak to Alf, and he went up and Ray challenged him to fight—I was not there then—I next saw him when he was fighting in the road—I saw Ray about to strike my brother—I rushed between them and got my brother into No, 13, and when I went to shut the street door Alfred Ray struck at me and hit me on the mouth—he said to my brother "I will have your liter out"—he got into the passage, they were fighting, and my brother stabbed him—I did not see anybody step Ray and speak to him—I was inside my house—I did not go out till I saw that he was about to strike my brother—I dragged him into my own house, and then Alfred Ray struck at me.
Cross-examined by MR. BESLEY. Q. At the time your brother struck at him with the knife, was there any one in the passage? A. Russel was just inside the passage the parlour door is not half a yard from the other door; they are close together—beyond that door there are the stairs and the back room—the stairs are about four yards from the front door, and by the side of the stairs you get into the back room—there was no furniture between the entrance to the house and the hack room—nothing to prevent me or my brother going into the back room.
GUILTY* of unlawfully wounding.— Recommended to mercy by the Jury on account of the serious provocation he received— Confined Six Months.
Before Mr. Justice Byles.
MR. LILLEY conducted the Prosecution.
THOMAS ALEXANDER ODEDL . I reside at Peckham-rye—on 21st October, about 3 o'clock, I was on my way home—I had reached the corner of Rye-lane which conducts you into the Rye—I observed the omnibus time-keeper, George Allen, seated in a chair opposite a shop at the corner of the lane, reading what I took to be a newspaper—he appeared to be between forty and fifty years of age, and had dark hair—I saw the prisoner and two other men approach him—I had observed them before, as the prisoner had run against me—the prisoner struck the paper out of the deceased's hand, put his right hand to the hair of his bead, knocked it back, and pulled him by his whiskers—the time-keeper rose from his seat and pushed him away with his open hand, saying, "Go away, you foolish fellow, what do you Mean?" or words to that effect—the prisoner then made use of some words, and struck him in the face a straightforward blow—a scuffle then ensued sad they closed, during which I saw the prisoner seize him by the back part of his head with his left hand, and strike him; he then tripped him, by putting
one foot between his, having a purchase by the hair of his head, and threw him on to the pavement, the back of his head came in contact either with the kerb or the pavement—the blow was on the stone—it was a most fearful blow—it resounded most fearfully—he laid in a perfectly insensible state, with blood flowing from his ears, and I rather think from his nose as well—he was taken up and conveyed to a neighbouring druggist's shop—I left my name and address—no one else struck the deceased.
Cross-examined by MR. SLEIGH. Q. Were there a great many people present looking at this quarrel? A. There were several people round—I saw the deceased get up from his chair—he did not strike the prisoner a violent blow on the face before the prisoner did anything further than the preliminary part of it—he may have struck him in the scuffle, but certainly not at the time you mention—I saw blows exchanged during the scuffle—it is quite possible that blood was flowing from the prisoner's face, but I did not observe it—the deceased did not fall to the ground—I saw him on his knees, but he recovered himself—the prisoner was not thrown to the ground immediately after the struggle—I think the two men were on the ground at one time—to the best of my knowledge, the prisoner was not on the ground, and the deceased over him—I never saw it—the deceased was a much smaller man than the prisoner—I did not see the prisoner on the ground while the deceased was standing up—I saw the deceased on his knees, but not the prisoner—after the first struggle the prisoner got hold of Allen, and blows were exchanged between them—I should say that there were blows struck by the deceased as well as the prisoner—at the time they came to the ground I was not quite so far from them as I am from you—there was a mob round them—I should say that severe blows were exchanged.
MR. LILLEY. Q. Had you a sufficient opportunity to see whether the deceased was on the ground or not? A. Quite; he was on the ground on his knees, but it did not occupy a minute and a half altogether—they both went down at the same time—the prisoner tripped the deceased, and by the purchase he had by his hair, he threw him on the pavement—I should say that the prisoner's blow was not sufficient to knock the deceased down, but he came to the ground in the scuffle.
COURT. Q. Were they both strangers to you? A. Except the time-keeper, who I had occasionally to ask a question of—the deceased had not given the prisoner the slightest provocation, at the time the prisoner struck the paper out of his hand, and put his hand to his hair, and pulled his whiskers.
SAMUEL WELLS . I am a labourer living at Peckham—on 21st October, about a quarter before three in the afternoon, I was at the corner of Rye-lane and saw Allen the timekeeper sitting in a chair reading a paper—the prisoner went and made water up against a cab—he came back, got up on the pavement, walked up to Allen and struck him open-handed on each side of his face—Allen said "You go away, you stupid fool, what did you do that for?"—after he got away Allen got against Mr. Coggin's window, and his shoulder took the sash frame—the prisoner got hold of him and said, "You b----I have got you now, I will give you a cross buttock" and he took him by the hair and tripped him up with his legs, he fell on the pavement, and was taken to a doctor's shop five or ten minutes afterwards—the prisoner said, "You b----, come out again and I will give you a worser—the fall was enough to kill anybody.
Cross-examined. Q. Did you see the deceased strike the prisoner? A. No; only by pushing him away—I saw the whole of the matter,
the deceased did not strike the prisoner at all—he did not see him coming—he never offered to lift his hand to him—he was not powerful enough to strike the prisoner—there was no exchange of blows at all—I bare been in Court and heard the last witness's evidence—the prisoner fell on his left knee when Allen pushed him—the prisoner's face was not bleeding—his lip was bleeding inside by his knuckle pushing him, but not by a blow.
COURT. Q. Had the deceased done anything, or given any provocation whatever, up to the time of the prisoner assaulting him? A. No—he sat in hit chair reading his newspaper, and had not done anything.
ALFRED COCKINGS . I am a professor of music, living at Camberwell—on the afternoon of 31st October, just before 3 o'clock, I was getting off an omnibus at the corner of Rye-lane, and saw the deceased standing with his back against the shoe shop, and the prisoner sparring at him, and pressing him against the window—the prisoner's back was turned towards me, and partially hid Allen, so that I could not see everything; but I saw blows exchanged, and they went against a window—the prisoner took hold of the deceased's hair, held it upright, and cast him down on the ground—the deceased was then retreating, and the prisoner pushing him against the window, he went down like a stick—the prisoner threw him down by holding his hair; and putting his legs between the deceased's, they came down to the ground together; but the prisoner somehow escaped a fall; and the moment the deceased's head touched the ground he let go of him—the deceased was as rigid as a poker, perfectly still—the blow might be heard across the road.
Cross-examined. Q. Did you see the beginning of it? A. No—I do not know who struck the first blow.
WILLIAM CAUDILL . I am a mariner, and live in George-street, Commercial-road, Peckham—I was with Wells, and saw the prisoner go up to a cab for a necessary purpose—he then went up to Allen, who was sitting in his chair, reading a newspaper, and made a snatch at the paper—Allen pulled it away, seeing that the prisoner had a little drop of grog in him—the prisoner snapped at it again, and smacked Allen in the face twice—no provocation of any sort or kind was offered by the deceased before the prisoner went up to him.
Crost-examined. Q. Do I understand you to say that the prisoner was not struck by the time-keeper, before any struggle took place between them? A. No—I swear that—there were not violent blows dealt by the time-keeper on the prisoner—they bad a struggle, but I did not see a below struck.
CHARLES NIND . I am a surgeon at Peckham—on 21st October, about 4 o'clock, I was called to see the deceased at his house—I found him partially unconscious—I found a bruised swelling behind the right ear—he was bleeding from both ears—I afterward attended him—he died next day about 12 o'clock—I was not with him when he died—I made a post-mortem examination—I found a bruised swelling on the right side, behind the ear, and a little above it, on cutting through the scalp, I found blood pour out between the scalp and the skull—he had ruptured a blood-vessel—there was a fracture of the skull, which crossed the direction of one of the arteries of the dura matter—that wan the cause of death—a fall on the pavement would be calculated to produce the appearances I saw.
MR. SLEIGH called
—I saw Henry Budd spring on the foot pavement, close by Mr. Rabbit's, the boot maker's shop—Allen was sitting in a chair, reading a newspaper—he rose up and caught the prisoner a violent blow on his lips or teeth—Budd was sparring at a distance from him when Allen rose—I do not think the prisoner could have struck the deceased a blow first without my seeing it—Allen then struck him a blow on the mouth—they both struggled together and fell on their knees—they got up again, struggled, and fell again against a shop window—they slipped partly down again, and Allen made a blow with his right arm, and missed the prisoner—they then struggled together and fell together, Allen underneath, and Budd holding his head, which came in contact with the foot pavement—I saw the prisoner on the ground the last time—the deceased was underneath him—they never fell till the last time—Allen struck first—I cannot say whether the prisoner was acting in selfdefence—I knew them both by sight but had never spoken to them.
Cross-examined by MR. LILLEY. Q. Were you on the same side of the road? A. No; on the opposite side—there were a few people round them—they began to draw round as soon as Budd began sparring—Allen was seated in the chair with the newspaper in his hand at the time that Budd was sparring before him—Budd was the tallest.
WALTER SALTMARSH . I am a butcher, at Camberwell—I saw this matter on 21st October—I was about eight yards from them—the time-keeper was sitting in a chair, and Budd and two other men coming from New-cross way, Budd went up to Allen, had a few words with him, and stroked him in the face—Allen got up and shoved him down—he came up again and Allen rose from his chair, hit him in his face, and knocked him down—he came up again and they had a struggle for three or four minutes, and fell against Mr. Coggen's window, a plumber—I cannot say how often the prisoner was struck by the deceased—I saw him struck once—that was after he knocked him down the first time.
Cross-examined. Q. You said just now that he pushed him down? A. Yes—Budd was not sober—I did not notice that Allen had a newspaper—people gathered round very soon—I stood against the horse-trough at the Drover's on the same side of the way—they both hit one another as well as they could—when Budd stroked him in the face the time-keeper was seated in the chair—I know Budd, I live next door but one to him.
JAMES TUFFNELL . I am a wheelwright, of Peckham—I stood against the drover's horse trough and saw Budd come up to Allen and square at him in the attitude of fighting—Allen rose from his chair, walked a little way towards the Drover's against Mr. Coggen's plate glass window—Allen hit Budd in the mouth and knocked him down—he rose again—they got into a scrimmage—they both fell together—the first blow was struck by Allen.
Cross-examined. Q. Did you see Budd come up? A. He came out of Mr. Wright's, the grocer's—I saw him very plainly as I stood by the horse-trough—there is not an angle to hinder me from seeing him—I could see right to Mr. Wright's door—I have seen Budd before, but not to be in any way acquainted with him—I had nothing to do—I did not speak to Budd as he went by—I was not in conversation with anyone in front of the drover's—people were standing across the road—I did not hear a word pass between Allen and the prisoner.
Prisoner. Q. How far were you off? A. Thirty-five feet—I measured it with my rule the night before last, as I thought I would be perfect—Budd was two or three yards, or a yard or two from Allen, when he sparred at him;—I cannot say to a foot—he got close to him, or else he could not have struck him.
PETER REYNOLDS . lam a gardener, at Peckham-rye—on 21st October I saw Budd come out of the road and step on to the foot path—he went up to Allen and put his hands in his face in this way (Drawing them across)—it did not seem hard to me, but I was some distance off—Allen rose from his chair and pushed Budd, who was sparring in front of him—Allen struck him a blow in the face, and they fell together.
JOSEPH EAGLE . I live at Peckham—I did not see all this matter—I did not see what Budd did previous to Allen getting out of the chair—I am an omnibus driver, and when I got off my omnibus, Allen was sitting in a chair reading a newspaper—I got down to alter my bearing reins, went round and saw Allen rise from his chair and make a push at the prisoner, who came up towards him in a fighting attitude—Allen struck him—several blows passed, and in the scuffle they both were nearly down, and the prisoner was underneath—the blow the deceased struck the prisoner, was in real earnest.
The prisoner received a good character.
GUILTY .— Confined Twelve Months.
ADJOURNED TO MONDAY, DECEMBER 16, 1861.
The following case was accidentally omitted from the last Sessions.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Four Years Penal Servitude.
Than were two other indictments against the prisoner.