CENTRAL CRIMINAL COURT
CUBITT, MAYOR—SECOND MAYORALTY.
FOURTH SESSION, HELD JANUARY 27TH, 1862.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers 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, January 27th, 1862, and following days.
BEFORE the Right Hon. WILLIAM CUBITT, Lord Mayor of the City of London; Sir William Fry Chanwell, Knt., one of the Barons of Her Majesty's Court of Exchequer; Thomas Sidney, Esq.; and Sir Robert Walter Carden, Knt., M.P.; Aldermen of the said City; Russell Gurney, Esq., Q.C. Recorder of the said City; William Anderson Rose, Esq.; William Lawrence, Esq.; Edward Conder, Esq.; James Abbiss, Esq.; and James Clarke Lawrence, Esq.; Aldermen of the said City; Thomas Chambers, Esq., Q.C. Common Serjeant of the said City; and Robert Malcolm Kerr, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
GEORGE JOSEPH COCKERELL, Esq.
WILLIAM HOLME TWENTYMAN, Esq.
FREDERICK FARRAR, Esq.
CHARLES GAMMON, Esq.
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.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 21th, 1862.
PRESENT—The Right Hon. the LORD MAYOR; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. RECORDER; Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. JAMES LAWRENCE; and Mr. Ald. CONDER.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
WILLIAM HODGSON . I live at 6, East-street, Chelsea, and am a mason's labourer—on Saturday, 28th December, about 3 o'clock, I was in Mr. Crowther's kitchen—the prisoner was there, and my brother-in-law, Pratt, and Mr. Francis—my brother-in-law was going to strike the prisoner—Gibbs said, "He has insulted me before," and made a hit at him—they then went into the yard, and Mr. Crowther came in and told the prisoner to put the horse in the cart—we stood at the gate, and Mr. Crowther asked me if I would have something to drink—we went to a public-house; he stood a quartern of rum—I said in the public-house, "I will go and take my brother-in-law away; I did so—I got him out, and we went into Bond-street, and met the prisoner and Francis—Pratt said, "That is the man that insulted me;" that was Gibbs—Gibbs took him by the shoulders, and began shaking him—I got up to them, and Gibbs let go—I passed between them, and Gibbs came before me and hit my brother-in-law on the mouth, and knocked him down—I did not see him struck, but I heard the blow, and looked round and saw my brother-in-law lying down in the road—a man helped me to pick him up and set him on the kerb—his head dropped down, and he was bleeding from the nose and mouth—the prisoner and Francis walked away—I took the deoeased home to my place, which was about half a dozen yards off, and sent for Mr. Daniels, the doctor, who came in about three-quarters of an hour—the deceased lay on the sofa in my back parlour—he never spoke afterwards—he died on the following Sunday afternoon, between 3 and 4.
Cross-examined by MR. RIBTON. Q. Was this Mr. Crowther's house that
you were in before you went to the Blenheim? A. Yes—he was my employer before Christmas, and was the prisoner's employer—I was in the kitchen, because Mrs. Crowther asked me to go in—I cannot tell you how the deceased came there—I did not hear Gibbs say that Mr. Crowther had desired him to leave—no such words were spoken while I was there—I was examined before the Coroner—I did not hear the prisoner say in the kitchen that Mr. Crowther had desired him to leave—he has said so since—I did not see any drink in the kitchen—my brother-in-law was not drunk—he talked to me quietly enough—he had been drinking—the prisoner left to put a pony in the cart; that was after they had quarrelled in the kitchen—his mistress did not tell him in my hearing to get the deceased out of the kitchen—I did not say so before the Coroner—I first saw the deceased in the kitchen about 12 o'clock—I had nothing to drink there—I went away between 12 and 1, and returned about 3—my brother-in-law was still there, and the prisoner—they were in the yard, and as I went through they followed me into the kitchen; my brother-in-law was not then drunk; he had been drinking—I think the prisoner said the deceased had insulted him, or else insulted one of the others who had been there—Mr. Crowther said to his wife that he was very much surprised at her having a parcel of men in the house when we were going to a funeral—I did not hear it stated that Mr. and Mrs. Crowther had requested Gibbs desire the deceased to leave—we did not adjourn to the Blenheim—we were going towards it when we met Gibbs and Francis—I had been there with Mr. Crowther, but not with my brother-in-law—Gibbs and the deceased were passing one another when the deceased first addressed Gibbs—they would have passed, as far as I could judge, if the deceased had not said, "That is the man that insulted me"—Gibbs took the deceased by the shoulders; the deceased had a pipe in his mouth, and Gibbs said, "That pipe does not belong to you"—the other one said, "I know that, and it does not belong to you; if there is anything amiss I will rectify that with Mr. Crowther"—I believe the pipe belonged to Mr. Crowther's nephew—there was not the least scuffle between them, only Gibbs had him by the shoulders—some men laid hold of one of the deceased's arms, and I had the other, and we dragged him home.
JAMES CRISP . I have retired from business, and live at 70, King's-road, Chelsea—on this day I was coming along Bond-street, with my wife, about 4 o'clock, and heard a little bit of a wrangling; very little—I saw the prisoner knock the deceased down with his fist into the road—he fell backwards, and his head sounded as if his skull was smashed—it was like the smashing of a large flower-pot—two men picked him up; he was bleeding at the mouth and side of the head—he was senseless—I followed the prisoner to see if I could see a policeman to give him in charge, but could not find one.
Cross-examined. Q. Did you see the prisoner and the deceased scuffling together? A. No; I saw the prisoner and the man who was with him scuffling—his name is Francis—the deceased was standing as upright as I am now—there were four altogether, with the brother-in-law of the deceased, but he was standing iu the road at a little distance.
COURT. Q. Whom did you see Francis scuffling with? A. With the prisoner—they seemed to be mauling one another about—the deceased could stand and walk well—he was standing up smoking his pipe.
together—the quarrel was about a pipe—the prisoner said to the deceased, "That pipe don't belong to you"—he said, "No, nor to you; when they want it let them fetch it"—they had a few words, and the prisoner caught hold of the deceased—he said, "Don't handle me, and I will let go"—I was talking to the deceased's brother-in-law when the prisoner struck him—I helped to pick him up—the deceased was intoxicated; it was as much as he could do to walk before he was struck—the pavement was not slippery from frost—I saw the blow; it was on the mouth—it was not particularly heavy—I did not stop to see whether it was bleeding.
Cross-examined. Q. Were you in Mr. Crowther's house? A. Yes—I did not hear Mr. Crowther desire Gibbs to request the deceased to leave the kitchen; but the prisoner told me so just before the blow was struck—there was a quarrel between the prisoner and the deceased in the kitchen—I did not hear the words, but I saw them motioning—the deceased was drunk at that time, and the prisoner had been drinking—Mrs. Crowther was not there at that time—I heard the prisoner say that he had taken a pipe out of the kitchen belonging to Mr. Crowther—he had it in his hand—I heard the deceased say, "That is the man that insulted me," as they were passing, and the prisoner turned back and went up to the deceased, but merely caught hold of him—the deceased said, "Don't handle me"—I saw the blow struck—the deceased said something—they were quarrelling, but I could not hear the words—it was not a very heavy blow—if the man had been sober I do not think he would have fallen—he was standing about half way on the pavement—it is not a narrow pavement—his shoulder came on the kerbstone, and his head in the road—the kerb is six or seven inches high from the road—if he had fallen in the road altogether the blow would not have been nearly so great—I have known the prisoner about six months—he is in Mr. Crowther's employment—he is a quiet, inoffensive man—I never saw him the worse for liquor.
BENJAMIN DANIELS . I am a surgeon, of 222, King's-road, Chelsea—on Saturday, 28th December, I saw the deceased—he was then insensible from concussion of the brain—he died on the Sunday—I made a post mortem examination on the following Tuesday—I heard that he had been knocked down—I saw that he had a contused wound on the side of the head—on opening the skull I found that he had received a fracture of the skull on the right side, nine or ten inches long—the cause of death was a large clot of blood which accumulated under the fracture; three or four ounces, making a heavy pressure on the brain—falling on the hard pavement would be likely to cause such an injury—he must have fallen with very great violence.
Cross-examined. Q. How long have you known the prisoner? A. About eight months—I have always found him a quiet, inoffensive man, and had a high opinion of him—I recollect the day when these men were drunk in my kitchen, but I was very busy—I desired the prisoner about half-past 3 to request the deceased to leave, as I did not wish him to be drinking in my kitchen—I believe my sawyer had brought him there.
Cross-examined. Q. Were you there at the time the blow was struck? A. Yes; I saw them scuffling together before the blow was struck—I distinctly saw the blow while they were iu the act of scuffling—I think it was the man who was with the man who struck the blow, was scuffling with Gibbs—I saw the prisoner and the deceased scuffling—I saw him catch hold of his shoulder, and it was while so scuffling that the blow was struck.
COURT. Q. What was the deceased doing in the way of scuffling? A. He was standing with his back to the kerb; that is all, and the man struck him then—I only know what my husband said—we were both together.
Strongly recommended to mercy by the Jury.— Confined One Month
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Nineteen Days.
MR. RIBTON conducted the Prosecution.
CHARLES BAYLIS . I reside at 149, Whitechapel-road, and am an oil and colourman—I had purchased a quantity of soap from the prosecutors, of Brentford, to the amount of 34l. 10s.—the prisoner called on me in December in reference to that account—I had ordered the soap of the prisoner in November, I think—I paid him the 34l. 10s. on 24th December, he gave me this receipt for 34l. 10s. (produced)—I saw him sign it.
Cross-examined by MR. LANGFORD. Q. You deal largely with Rowe and Co. do you not? A. Not very—I had paid the prisoner several sums before, as many as twelve times perhaps, or more than that—I never found a mistake before.
EDMUND MILTON . I reside at 162, High-street, Poplar, and am a grocer, and oil and colourman—I had one lot of soap of Rowe and Co.—it was ordered by me of the prisoner—I paid the bill on 18th December—I have got the receipt here, for 9l. 5s.—I paid it to the prisoner in a cheque, and saw him sign the receipt.
GEORGE ALFRED GILLETT . I live at 57, Strutton-ground, Westminster, and am an oil and colourman—in December I was indebted to Rowe and Co. for 2 1/2 cwt. of soap—I saw the prisoner on 2nd January, and paid him 4l. 12s. 6d.—I received his receipt, and saw him sign it.
CHARLES JAMES CROSS . I am one of the partners of Thomas Berry Rowe, and Co.—the prisoner was engaged by us in July last—his duty was to come to Brentford every Tuesday and Thursday afternoon or evening, and to pay in all moneys received up to the time of his being there—he paid the moneys, over to me,—on 18th December last, or after it, we did not receive from him the sum of 9l. 5s. due by Mr. Milton—it should have been paid on Tuesday or Thursday next, following, the date of the receipt—the 18th was on a Wednesday—if received on Wednesday, it should have been paid at Brentford the next day, Thursday—we did not on that following Thursday, or any other day, receive from him the sum of 9l. 5s.—I can tell you whether I received any moneys from him on 19th by reference to our book I have here (referring)—there was no money received from him that day, not an entry at all—we have a customer of the name of Baylis—if the prisoner received money on 24th December, it would be his duty to account on the Tuesday, the very day—he handed me in an account on the Tuesday, 24th,
the same day that this was received—he handed me several moneys—1 have in my own handwriting, the account containing various sums, among others there was a sum which he acknowledged having received from Mr. Baylis for 17l. 10s.—he never paid me the remainder, either then or any other occasion—I did not, on 2nd January, receive from him a sum of 4l. 12s. 6d. on account of Mr. Gillett—he did not come to Brentford at all on the 2d—he wrote to excuse himself from coming on that day—he was apprehended on the following Friday night, the 3d, or early on Saturday morning the 4th.
Cross-examined. Q. You reside at Brentford? A. Yes; the prisoner resides at Greenwich—he stated that he resided there when our firm first engaged him—he was paid by commission, with a guarantee of a minimum sum, amounting to 100l. a year, it never exceeded that—I was present when our firm engaged the prisoner—he was asked where he had been before, and on being told, we asked him what amount of soap he thought he would be likely to sell for us, judging from his experience at the last house he was with—he stated he thought, with his connexion, he would be able to sell so much soap—we were satisfied with the way in which he took orders for us—there was a verbal arrangement with him at the time he came, that he was to spend his whole time in London taking orders for us, and receiving payment for the same—the manner in which he was to pay, was, that he was to come down every Tuesday and Thursday to Brentford, and pay in at those times, all the moneys he had received on account, up to the time of his coming; he has paid moneys into a bank in London on our account—I do not recollect, on any one occasion, his paying to me moneys that he received from one person to the account of another—I do not recollect the case of a man of the name of Flash, which by mistake, was paid to the account of Case—I am mostly at Brentford—when he pays me in money, he gives me the account on paper—I have one paper that was paid in to me on 24th—I think the paper of Thursday, 19th December, is there—this is it (produced), the prisoner might have paid Milton's account to one of my partners if I had not been there—the entries are in my handwriting generally—the entry of 24th December, is my handwriting—the entries are not all in my handwriting—he paid in altogether on 24th December, 36l. 7s.—I gave him into custody when I discovered the error in Milton's case.
MR. RIBTON. Q. Did you then institute other inquiries? A. We did, and the result was, that he was given in custody on a Magistrate's warrant—this is the account of 19th December, he handed to me—Brown of Upper Thames-street was a customer of ours—the sum was 10l. 4s., that was all the money he accounted for receiving on 19th—these four persons on the 24th were all customers of ours, owing us money—when he has paid money into the bank in London, he has always written to say so—he has never done so in reference to these three sums.
The Prisoner received a good character.
Recommended to mercy by the prosecutors.— Confined Eighteen Months
MR. SLEIGH conducted the Prosecution.
JOHN PRICE OLDACRE . I am an assistant in the establishment of Messrs. James Allan and Badger, Cheapside—the prisoner was in their employment as packer, and had been about five years—I was not present when Gaylor the detective, produced three felt hats—this hat (produced) I know very well, and these two I have not a doubt about—I know that by the mark inside,
it is a private mark, the selling price, that is not removed when we sell the hat—I do not know that it has not been sold, only it was found at the prisoner's house—I know it was once the property of my employer—they are worth 12s.; they are quite new.
CHARLES THOMAS GAYLOR . I am one of the detective officers of the City—on a Saturday, at the latter part of December, I went to Messrs. Allan and Badger's warehouse, in Cheapside—I there saw the prisoner—I asked for his address, and he gave me 15, Aldersgate-buildings, Aldersgate-street—I went there—I saw his wife and family there—I found there the three hats I have produced, and a thin paper bag—I brought them back to Messrs. Allan and Badger's—I showed them to the prisoner, told him where I had found them, and asked how he accounted for the possession of them—he said they were Messrs. Allan and Badger's; that he took them home that morning from the top warehouse.
Prisoner. Q. You did not find them secreted in any way, did you? A. They were in a paper bag between the bedstead and the window, on a box or something.
Prisoner. I did not take the hats with the intention of stealing them. I intended to return them on the Monday. I was asked by a young man to buy him a felt hat, and seeing these three, I thought I would take them and try them on, and he would very likely give an order for three or four more. I knew I could get a reduction on the price, and so earn an honest shilling or two for my trouble, and return them into stock again on Monday morning.
MR. OLDACRE (re-examined). The prisoner was not allowed to sell any hats without consent—if persons in our employment ask our permission, we sometimes let them take a thing out on approbation; but not without having them first entered—I have no recollection of the prisoner's ever having done such a thing.
HENRY BADGER . I am one of the prosecutors—we had communicated with the officer previous to the prisoner being given into custody—I had an interview with the prisoner after the officer returned from his lodgings with the felt hats—the prisoner said he must acknowledge he had stolen them in the morning—he used the word "stolen."
Prisoner. I said I owned that I took them in the morning.
Witness. My firm belief is that he said he had stolen them—I would not undertake to swear it—he said nothing about taking them out to show a customer.
GUILTY .— Three Years' Penal Servitude.
The prosecutor stated that he had lost a considerable quantity of property, which the prisoner had stolen and forwarded to a brother of his who was in employment at Worcester.
MR. COOPER conducted the Prosecution.
WILLIAM JONES . I am a confectioner at 1, Eagle-terrace, City-road—about 4 o'clock, on 20th January, I was passing along Smithfield from Long-lane; some man came up and asked me a question about an omnibus, and he continued talking to me and walking by my side for some few yards—we met three or four more—the prisoner was one of them—they all huddled
round me, and stopped me, and it was hardly half a minute before I felt my watch drawn from my pocket by the chain—that was done by the prisoner—I saw him do it—I caught him by his arm, and hugged him; and a policeman came up and took him in charge not five yards off—I saved my watch—it is a valuable gold one; but I have been wiser since then, and only wear a silver one now.
Cross-examined by MR. WARTON. Q. What did you see the prisoner do to you? A. I saw him draw the watch from my pocket; and I instantly caught his hand with it—I said so before the Magistrate—I think I should know the man again who was walking with me—he kept in close conversation with me till we fell in with the other four—I rather suspected him; he forced his discourse on me—it was not that man that pulled my watch out, it was the prisoner—there might have been three or four surrounded me—I was rather flurried at the time; being so feeble; I have been paralyzed for some time—I had not drank anything; I am not allowed to do so, being under the doctor—the watch was worth thirty guineas.
JOSEPH DUDLEY (City-policeman, 258). On 20th January, about 4 o'clock, I was at the end of Long-lane, and heard a cry of "Seize that man!" at that moment the prisoner darted by me—I am sure he is the man—I recognised him, and grasped at him—I took him to the station—some money and a key was found on him—at the time this occurrence took place there was a large crowd of persons assembled, owing to a collision between two vehicles—the prisoner gave an address which I could not find out.
Cross-examined. Q. What was the address? A. 10, Ely-court, Holborn—I went there, but he was not known there—I inquired of the persons living in the house—none of them are here—the crowd of persons was mostly at a stand still, owing to the collision—this made a commotion amongst them—they were principally stationary—the first I noticed to move was the prisoner, and that principally caused the commotion.
The prisoner's statement before the Magistrate was has read as follows:—"There was a crowd, and I made my way through the crowd, and happened to knock up against this gentleman, and he gave me into custody. I told him I had not been doing anything."
GUILTY .*— Confined Eighteen Months.
211. MICHAEL NOTLEY (29), JOHN WATKINS (23), and FRANCIS PERRY (23) , Burglariously breaking and entering the dwelling-house of John Britnell, and stealing therein 1 quart of whiskey, 1 quart of rum, 1 pint of gin, 150 cigars, and 7s. in money, his property.
JOHN BRITNELL . I keep the Light Horse public-house, at Hounslow—on Thursday, 16th January, I returned home about twenty minutes before 2 in the morning—before going to bed I looked round the house and saw that all was safe—I was called up a little after 4, and discovered that the parlour window was open, and the back door—I lighted the gas, and found the bar open, and missed some rum and whiskey, a quantity of pickwicks, and a box of cigars—a quarter of a pint of gin and a pint of rum was put all ready to be taken away—I can't say how much spirits was taken—there had been about 7s. in the till; that was all taken—amongst the copper I lost there was a penny and a halfpenny that I had put in that night after I came home, and there was also a fourpenny piece with a hole in it—(looking at some money produced by the policeman) here is the penny and halfpenny that I put in my till at 3 o'clock that morning—the fourpenny-piece is not here—these cigars (produced) are similar to those I missed—these two sticks were in the bar when I came down.
MARGARET STARK . I live at Mr. Britnell's, and assist in the business—on the night previous to the robbery I was serving in the bar, and saw the three prisoners there together—they were there at 12 o'clock—they left at that time, and came in two or three minutes after 12, and they left together at that time—they were the last persons in the house—they did not purchase any cigars there, or have any spirits to drink—they drank beer—Notley and Perry had sticks with them like these—this is the stick Notley had, and this is the one Perry had twisting round his finger in the room—when they left at 12 o'clock they took their sticks away with them—I am sure they did not leave them behind.
Notley. Q. What was there that lead you to notice my having a stick? A. I saw it in your hand as you stood at the bar—it was a peculiar looking stick for a soldier to use, and that made me look at it.
EDWARD HASLON . I am troop-sergeant in the 5th Lancers—the prisoners belong to that regiment—they were taken into custody on 16th January—I looked at Notley's kit, and found a quantity of coppers in the pillow of his bed—I gave them to Blake, the constable—these boots (produced) are regimental boots—this spur is numbered 324—that is the number of Watkin's arms—each man's arms are numbered separately, and this spur has Watkin's number.
Notley. Q. Did you find the money in my place? A. Yes; in your bed—there are no marks to the beds, but it was the bed you had left and folded up a quarter of an hour or twenty minutes before.
HENRY HOCKLEY . I am in the same regiment as the prisoners—I was with them the early part of the evening, before they were taken, from 7 till quarter to 9—I left them and went down to Hounslow, and I saw them again about quarter-past 11 or quarter to 12, near Mr. Britnell's—I asked Watkins whether he was coming home—he said he was, and told me to wait—I waited a few moments—Notley went up and spoke to him privately, and afterwards I found out that Watkins was on pass till 6 o'clock—Notley said he was on pass to the same time—after waiting a little Watkins said he was going down to Brentford—I then left, as my time was up at 12—Perry and Notley each had sticks—I know this stick well—I could not swear who had it on that night—this is the one that Perry had; I know it by the marks on the top, where he was knocking it against the sign-post opposite Mr. Britnell's door—that stick had been in the barrack-room two or three days—I could not swear whether Notley had it—next day I was called to take Notley to the guard-room—he said he was "done for"—that was after something had been done about his bed.
WILLIAM NORTHOVER (Policman, T 238). On the morning of the 16th, in consequence of information, I went to the barrack-room where the prisoners were sleeping—I found them in bed—I searched Perry's bed, and found one pickwick underneath the bed—he appeared to be very drunk—he was taken to the guard-room—I was present when another constable picked up several pickwicks underneath Watkins bed—he was also taken to the guard-room—I produce Watkins boots—I took them off his feet in the guard-room—I have compared them with some footmarks in the garden of Mr. Britnell's house, and also in the garden adjoining; that would be the way that persons would go in order to get to the barracks—the boots corresponded with the footmarks—there is a groove tip to the boot, and the outside of it is worn, which I could clearly trace in the impressions, and there was also the print of a spur—I made an impression with the boot by the side of the other, and they were the same—I did not put the boot into the impression.
CHARLES BLAKE (Police-sergeant, T 34). On the morning of the 16th, in consequence of information, I went to the Light Horse public-house—found that an entrance had been made by the parlour window being broken, and the fastening being pushed back—I went into the back premises, and examined the yard—I saw footmarks there, quite fresh, and also in the two adjoining yards—I directly went to the barracks, and saw the three prisoners there, in the guard-room—I took this pair of boots from Perry—he was then scraping the heel of his boot—I took it from his hand, took the other one, and went back directly to the prosecutor's, and compared the boots with the marks in the prosecutor's yard, and they exactly corresponded—I made an impression by the side of the one that was left, and I could scarcely tell which was which; you could see the very spot where the groove is worn, and also in the other yards the same—I also compared Watkins boots, and they agreed—I did not find the footmarks of more than two persons—there was a place where some one had jumped from the wall and made a very deep impression on the soft soil, but I could not trace anything—I could not say whether there were the impressions of two or three persons—I received these coppers from Haslon, and the prosecutor picked out these two coins—he had told me before he saw them that he had marked money in his drawer, and that he was in the habit of doing so.
WILLIAM ROBINSON (Policeman, T 109). I was on duty in Staines-road, about 4 o'clock, on the morning of 16th January—I passed by Mr. Britnell's house—the shutters were open, and the front parlour window—I gave an alarm, and awoke Mr. Britnell—I heard some men in the house, and when I began to make the noise they tried to open the front door from the inside; they could not get out that way, and they made their way out at the back—I did not see them—I went into the house and found these two sticks—I went to the back and traced some footmarks over into a gentleman's garden adjoining, out of that into another garden next to the lane leading to the barracks—I went to the barracks and searched Watkin's place there, and under the bed I found these three cigars and seven pickwicks—this bundle of cigars I found on the common, right opposite the prosecutor's house, and also a quart pot of whisky on the heath, about fifty yards off, between the third place where I saw the footmarks and the barracks—I saw the boots of Watkins and Perry compared with the footmarks, and they appeared to correspond.
Perry. Q. How can you swear that they were my boots? A. I was in the guard-room when the sergeant took them off your feet.
LEONARD WARD . I am a corporal in the Lancers—I was on guard on the morning of 16th—I saw Perry and Watkins come into the barracks between half-past 4 and 5 o'clock—I did not see Notley then—I did not know of his being out—it appears that he broke out of barracks and came in some other way—there are places nearly all round the barracks where you can get out without being seen—there are only five sentries round the barracks.
Perry. Q. At what time was my pass up? A. At 12—I did not confine you for being late—there is an order from the adjutant to let a man pass if he can give a good excuse—you said you had been out with your comrade Watkins, and that he was on pass till 6, and you did not like to come home without him, so I did not report you—you acted very drunk when we were in the room inspecting the things—I thought you wanted to hide something, and watched you—one of the guard had hold of your hand, and you said, "Let me go," and I picked up a pickwick alongside of your bed.
Notley's Defence. Any man could have put the money in my pillow in my absence. I was away for an hour in the stables.
Watkin's Defence. I was on pass till 6 o'clock. I certainly was in the Light Horse at quarter-past 12 that night. I went from there to Brentford. I found the place I went to was shut up, and returned. When I got into the lane by the barracks I met Perry; that was at half-past 4, and we both returned into barracks together. I asked if any of the chaps in the room had got any tobacco, and one of them gave me a handful of cigars; who it was I do not know. I lighted one, and the remainder I put under my bed, where they were found.
Perry's Defence. With regard to the stick, I was in the Light Horse that night, and I might have had the stick in my hand, but at the time I went out of barracks I had no stick with me; this does not belong to me. As to the boots, there are 400 pairs of regimental boots which would correspond with the marks just the same as mine; they are all worn in the same way, from the way we put our feet in the stirrups.
NOTLEY and PERRY— GUILTY .— Confined Twelve Months.
WATKINS— GUILTY .— Confined Four Months.
The troop-serjeant stated that Watkins had borne an excellent character in the regiment; but that Perry and Notley bore very indifferent characters, and had been repeatedly confined for petty thefts
NEW COURT.—Monday, January 27th, 1862.
PRESENT—Mr. Ald. ROSE; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .
MR. LEWIS, for the prisoner, stated that the prisoner had a wife and seven children; that he had become security for a person to the amount of 170l., and had had to pay the whole of it, and had paid it partly with money which he had saved, and partly with his master's money. MR. METCALFE, for the prosecution, stated that the prosecutors were willing to recommend him to mercy chiefly on account of his family; that Mr. Pewtress, one of the gentlemen of the firm, had met with a railway accident, and had not been able to attend so closely to the business. MR. PEWTRES stated that the amount embezzled by the prisoner was about 70l., and that it had extended from August last. Confined Nine Months
PLEADED GUILTY .
(The officer stated that he had seen the prisoner try the pockets of two other persons on the same day.)
Confined Nine Months.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .**— Four Years Penal Servitude.
218. JAMES ANDERSON (19) , Stealing in Middlesex, 1 bag, 9 yards of flannel, 2 brushes, and other articles, value 5l., the property of Daniel Henry Mackinnon; also stealing in Surrey, 1 bag, 4 shirts, 2 razors, and other articles, value 50l., the property of Charles Denford Gilliard; to both which he
PLEADED GUILTY . MR. COOPER, for the prosecution, stated that the prisoner was tried at Dover on 31st December and acquitted, and that a great number of bags were found at his lodgings.— Confined Four Months each on indictment, the second sentence to commence on the expiration of the first
OLD COURT.—Tuesday, January 28th, 1862.
PRESENT—SIR ROBERT WALTER CARDEN, Knt. Ald.; Mr. RECORDER; and
Mr. Ald. WILLIAM LAWRENCE.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months.
221. HENRY YATES (26) , Burglary in the dwelling-house of James King, and stealing therein a variety of articles of jewellery, to the amount of 3,000l., his property; having been before convicted in August, 1860, at Guildford, and sentenced to one year's imprisonment; to all of which he
PLEADED GUILTY .— Six Years' Penal Servitude.
PLEADED GUILTY.— Judgment respited.
Serjeant Brett, policeman 29 B, stated that this was the second occasion within a short period upon which the prisoner had attempted self-destruction.
MR. COOPER conducted the Prosecution.
JAMES HENRY NORRIS . I am salesman to Messrs. Nicoll and Co., tailors, of Regent-street—in November last I received an order purporting to come from E. Graham Duke, Esq., of Herne Bay, Kent, for two coats, one pair of trowsers, and two vests—a measurement was inclosed in the letter—this
(produced) is the letter—we returned an answer to it, and on the 9th received an order—upon that we sent a letter as directed, inclosing patterns—we received another letter containing the half of a 10l. note, and a cheque for 3l. 7s. on the London and Joint-Stock Bank—this (produced) is it—on receiving that we sent the clothes as directed—no other half-note came, and on presenting the cheque, there were no assets—in consequence of that, I went to Herne Bay to the Sturry station—I afterwards came up to London, and went to the prisoner's lodgings at 16, Union-road, Clapham—I there found all the clothes we had sent, and also a letter written by a clerk in our home, which was sent with the clothes.
Cross-examined by MR. PATER. Q. What is the date of the cheque? A. I believe it is not dated at all—I believe one of the firm opened the first letter we received—I cannot tell who it was—it was handed to me open—the first letter was received on 9th November, and the goods were sent on 7th December following—we did not consider it necessary to make any inquiries as to the genuineness of the order—the officer was with me when I went to the prisoner's lodgings—we did not see the prisoner there—we saw the landlady.
FREDERICK HOLME . I am managing-clerk to Messrs. Nicoll—I recollect the last letter coming from E. Graham Duke, Esq., of Herne Bay, on 7th December—I saw it opened—it inclosed this cheque and half a 10l. note—I presented the cheque, and they said there was no account—we advertised for the other half of the 10l. note, but never found it.
Cross-examined. Q. Who did open the letter? A. Mr. Henry Nicoll; he is not here.
Cross-examined. Q. Had you such an account in 1859? A. Not that I am aware of—I could not swear we had not—we certainly had not in 1860.
COURT. Q. Do you know that cheque at all? A. It came from a cheque-book of Messrs. Munday, of Bermondsey—I know that, because the number is registered in our books—I have not the books here.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
WILLIAM HENRY MOXON . I am assistant to Mr. James Hunton, the proprietor of Bull's library, in Holles-street, Cavendish-square—on 17th December the prisoner came to our shop and paid a quarter's subscription for old books—for that subscription he would be allowed six volumes of old books—I gave him six at that time—on 23rd December he changed some of them—on 8th January I had some business with Mr. Kimpton, a bookseller of Great Turnstile, Holborn—I recognised three books of ours on Mr. Kimpton's table—in consequence of that we communicated with Sergeant White—these are the three books (produced)—they are the "Seven Lamps of Architecture," and the fourth and fifth volumes of "Ruskin's Modern Painters"—they belong to Mr. Hunton—we should value them at 3l. 10s.—the "Modern Painters" is a very expensive work.
Cross-examined by MR. PATER. Q. Are they what you call in the trade surplus copies? A. We have no surplus copies of this book; we cannot spare them—we sell surplus copies at lower prices than they are published at—we had only this one copy of volume four in our library at the time,
and we have only one other copy of "The Seven Lamps of Architecture," and one other copy of volume five of the "Modern Painters"—I am quite satisfied we have no surplus copy of volume four—I am certain that no other copy has been sold—I have the management of the sale department—I have been with Mr. Hunton eight years in London, and four in the country—the date of the work is 1856, but volume five was published after that—here are three volumes that do not belong to us—it was on 17th December, 1861, that the prisoner first became a subscriber—he subscribed for six old volumes—we call them old volumes if they have been published six or eight months—the subscription would expire on 17th March, 1862—I served him on the first occasion, and saw him served on the second and third—I did not on the fourth—I saw him served with these books—I recognise them—we bind them in a particular way, different from other libraries—I swear this is our binding—we are bookbinders as well as booksellers—we bind for other people, but not like this—we should not refuse to bind in this manner for other persons if it was desired, but it has never been asked for—I do not say that we have never bound another book like this, but not of this work, certainly—we sometimes make inquiries of persons who apply to become subscribers, not always—it is generally sufficient to give the name and address, and then books are supplied in the regular manner—we keep entries of the books that are sent out—I have a record here of the books which the prisoner had, copied from the ledger—we also enter the books that are returned, at the time they are returned—if a subscriber wished to exchange a book for a more valuable one in the possession of another subscriber, he would have to ask our consent before it could be exchanged—Mr. Hunton would be the person to refer to—he is not here—any person who presents a book to have changed for a subscriber, we should exchange it—the books that were given out to the prisoner were, the fourth and fifth volumes of "Modern Painters," "The Seven Lamps of Architecture," "Du Chaillu's Explorations in Africa," "The Ingoldsby Legends," first series, and the first volume of "North and South"—if a book warn damaged it would be bound again if it was of any value; it would depend on circumstances—these books were not for sale at Mr. Kimpton's—they were lying on the table.
Cross-examined. Q. Suppose anybody wished a book to be bound in a particular way, you would bind it for them, would you not? A. I bind them in this way for that shop only—I have never bound for anyone else in a similar way—I have bound some hundreds for that shop of different works—I have bound several copies of this work; I don't know about the fourth volume—I know this is my binding—I cannot say whether I have bound several copies of the fourth volume.
RICHARD KIMPTON . I am a bookseller at Great Turnstile, Holborn—on 2nd January I received a parcel containing the four books produced, by the Parcels Delivery Company—this letter was contained in the parcel, directed to me—it is signed Lionel B.J. Foster, and offers me the books for sale at three guineas—I sent an answer to that letter as directed, but it was returned to me—I wrote again, and then received this letter (produced)—before receiving it Mr. Moxon came to my place and observed these books there, and in consequence of that we communicated with Sergeant White—I then wrote another letter, directing it the same as the first, and on 9th received a reply—I then wrote another letter inclosing 10s. worth of postage-stamps,
and directed to, "Lionel B.J. Foster, Chertsey, Surrey"—this is it (produced).
Cross-examined. Q. I believe you never saw the prisoner in your life. A. I cannot say that I ever did—I do not recollect having any transaction with him.
JOHN STOCKER . I am assistant to Mr. Hutchings, who is a post-office keeper at 42, Long Acre—I know the prisoner; he has been in the habit of calling for letters at our post-office, in the name of Foster—I do not recollect the Christian name—I produce a registered letter—that came to our office—the prisoner called for a letter on Saturday, I believe, but it did not arrive till Monday—he called on the Saturday, that he was taken into custody about half-past 5 o'clock—he had previously had two letters from me in the course of that week in the name of Foster.
MR. KIMPTON (re-examined). This is the letter that was directed by me (the witness was directed to open it)—it contains the 10s. worth of stamps I inclosed.
EDWARD WHITE (Police-sergeant, D 16). From information I received on 16th February, I went to Chertsey, in Surrey—in consequence of inquiries I made there, I returned to London and waited in Long Acre—about quarter to 6 that same day, I saw the prisoner go into the post-office, No. 42, and saw him speak to a female behind the counter—on his coming out of the shop I followed him a few yards, touched him on the shoulder, and said, "Mr. Foster"—he said, "Oh dear, no"—I then said, "If you are not Mr. Foster you must come back to the shop with me, where I have just seen you coming from"—on entering the shop I asked the female in his presence if he was the person who had called for the letter in the name of Foster—she said he was—he made no reply to that—I then took him outside and again asked him if his name was Foster—he said, "Oh dear, no"—I said, "Did you obtain some books from Bull's library or Hunton's library in Holles-street, Cavendish-square, last month, namely, 'The Modern Painters,' volumes four and five, the 'Seven Lamps of Architecture,' and other books"—he said, "Oh dear no, you are quite mistaken"—I said, "Then of course you do not know those books have been offered for sale to a Mr. Kimpton, in Great Turnstile, Holborn"—he said, "Oh dear no"—I asked him if he was aware of a letter that was to have been sent that day with 2l. 15s. in stamps for Mr. Foster—he said, "Oh dear no"—I asked him who Mr. Foster was—he said he was a friend of his—I then told him that I was a police-officer, that he answered the description of a young man who had given the name of Storey at Bull's library, and obtained the books I had mentioned with others, that they had been sent for sale to Mr. Kimpton, and I should take him in custody on a charge of stealing them—he then said, "Oh, repeat those questions to me again"—I then asked him if his name was Foster; he said "No"—I said, "Is your name Storey?" he said, "Yes, my name is Storey"—I then told him I should take him into custody—I perceived a book in his left-hand pocket, and asked what he had got there; he said, "A book"—I said I should like to look at it—I took it from his pocket, and it had Bull's label on it—it was a book called "North and South"—a short distance from there he placed his left hand inside his cape, and inserted his hand into a side pocket—I took it out, and told him he appeared to be very fidgetty, there must be something he wanted to get rid of—I put my hand in, and pulled from the pocket the letter I produce—it is a letter from the library requesting the return of "Du Chaillu's Africa" and "Buskin's Modern Painters"—on searching him at the station I found on him this paper, which
is nearly word for word with one of the letters sent to Mr. Kimpton about the books—on searching his lodgings I found this envelope in a drawer, addressed "Lionel B.J. Foster, Post-office, 42, Long Acre," and it contained the letter from Mr. Kimpton on 7th January.
Cross-examined. Q. Did you make any inquiries at Bull's library? A. Yes; they informed me that he was a subscriber there.
MR. PATER submitted that there was no case for the Jury, that the books had come lawfully into the possession of the prisoner, and that he had never parted with that possession; that, being a quarterly subscriber, his term of subscription had not expired up to the time of his being taken into custody; that the purchase had not been completed by Mr. Kimpton; and that no felonious intent was shown at the time he received the books from the library. THE RECORDER was of opinion that there was ample evidence for the Jury; the books were in the possession of the prisoner for a particular purpose, and the prisoner had parted with all control over them; independently of which, under the recent Act of Parliament, he would be clearly liable as a bailee, as "an intention on the part of a bailee to hold the goods no longer for the benefit of the real owner, but to assume the possession of them exclusively for himself, will constitute larceny" (See Roscoe, p. 573).
The prisoner received a good character.
GUILTY .— Confined Twelve Months.
The officer White stated, that the prisoner had been identified by several book-sellers at the west end of the town as a person who had subscribed in different names and obtained valuable books, which he had never returned.
225. JOHN CROUCH (23) , Stealing, on 16th May, 6 quarts of pickles and 28lbs. of soda; on 24th June, 3 gallons of pickles; on 26th July, 6 quarts of pickles and 28lbs. of soda; and embezzling the sums of 5s. 6d., 7s. 9d., and 11s. 9d., the property of James Burrows Palmer, his master; he was also charged with similar offences upon two other indictments; to all of which he
PLEADED GUILTY .
He received a good character.— Confined Eighteen Months
MR. LILLEY conducted the Prosecution.
WILLIAM SMITH . I am a detective officer of the City police—from information I received on 7th January I watched the premises of the prosecutors, Messrs. Hickson & Sons, boot and shoe manufacturers, in Hosier-lane—I saw the prisoner leave those premises about 7 o'clock that evening—I followed him through some courts into Cow-cross—I noticed something bulky under his coat—I went up to him and said, "What have you here? I am an officer"—he said, "Nothing, all right, master"—I said, "What have you under your coat?"—he said, "Nothing"—his left hand was then placed down, and supporting this lead—I took it from under his coat, and said, "You have brought this from your employers"—he said, "Who says so? I have not"—I said, "I have watched you from your employers, Messrs. Hickson's"—he said, "I have only borrowed it, I was going to take it back again; let me see Mr. Hickson"—I took him to the station and charged him—I knew his address previously—I went in company with two of the firm to 51, Gray's-inn-lane, where the prisoner resided—I searched the premises, and found eighteen lasts, partly wood and partly iron, and eighteen pieces of cutting toe-pieces and heel-pieces—next morning I went to the prisoner's cell, previously
to taking him to Guildhall—I told him I had found a quantity of iron lasts, and that they were identified as his master's property—he said, "The wooden ones are not his; I admit I have taken the others to manufacture with at home."
Cross-examined by MR. DICKIE. Q. Did he say anything about returning them? A. He did not; he said he had borrowed them.
THOMAS LEGG . I am foreman to Messrs. Hickson—I have examined the eighteen iron lasts produced by the constable—they are the property of Messrs. Hickson & Sons; they were used at their premises in Hosier-lane—they have another place of business—I am not aware that the prisoner had any authority to remove these lasts from the premises—he was employed as a leather cutter—I can identify these leather vamps or cuttings—I have the knives here that stamped them out—these knives are manufactured for our firm—I am able to say they are the property of Messrs. Hickson—the prisoner had no authority to remove these pieces from the premises—we use lead similar to this piece produced, but I cannot swear to it—we have pieces of that size and thickness used for stamping.
Cross-examined. Q. Do you undertake to say that such a knife or cutter as that is not used for other firms besides yours? A. No; all I undertake to say is that this is our cutter, and that that cutter has cut these vamps out, or a cutter exactly like it—it is necessary to use the lead when a cutter is used—the prisoner has been in our employment three or four years.
RICHARD PHILLIPS . I am a foreman in the employ of Messrs. Hickson's, in the rivetting department—we use the iron lasts produced in that department—these have been used occasionally for one pair or so; but we threw them on one side, because they were too expensive to get up—I can speak to those two galvanised lasts as being Messrs. Hickson's property.
The prisoner's statement before the Magistrate was here read as follows:—"I hope you will deal with me as lightly as you possibly can. I only took the lasts for the purpose of mending shoes, and my wife's and children's.
The prisoner was further charged with having been before convicted, in April 1855, at the Middlesex Sessions, of larceny as a servant, when he was sentenced to twelve month's imprisonment; to which he
PLEADED GUILTY.— Three Years' Penal Servitude.
NEW COURT.—Tuesday, January 28th, 1862.
PRESENT—Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. CONDER; Mr. Ald.
JAMES LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .*— Confined Two Years.
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. CRAWFORD and ROWDEN conducted the Prosecution.
JAMES BRANNAN . I was formerly an inspector of the Metropolitan police, and am now employed under the Mint authorities—on Wednesday afternoon, 15th January, I went to No. 5, Wilson's-place, Flower-and-Dean-street, Spital-fields, accompanied by Inspector Fife and other officers, seven in number—as me went there, I noticed a blind on the second floor drawn aside, and a face there, which I believed to be a female's—the house consists of three floors, one room on each floor—we went round to the back door, and proceeded up stairs to the second floor, forced the door open, and saw the prisoners sitting in their shirt sleeves by a clear bright fire—I heard something drop, as if thrown down with some force, and saw Barratt stamping on what turned out to be the fragments of a plaster of Paris mould for making half-crowns—I produce the pieces—I pushed him back, and he fell partly into a chair, but clung to the fireplace, and kicked me with both feet—he was seized by Inspector Broad, and a desperate scuffle ensued while they were on the ground—Gouldbourne was sitting at the table; he seized and upset a jar which contained solution and ten counterfeit half-crowns, and in the jar I found another half-crown—they were undergoing the process of electro-plating—Gouldbourne tried to push the table between me and Bow-man to prevent my getting to him—the jar fell on the ground, but did not break—there was a little acid left in it, which I produce—he was secured after using every possible means to prevent my getting at Barratt—on the table I found a file, with white metal in its teeth, as if recently used, and by the fireplace I found a ladle with white metal in it warm, almost hot—I found on the shelf another jar containing acid, some plaster of Paris in the powder, another file, and all the necessary implements for making and colouring counterfeit coin—I said to Barratt that I received instructions from authorities to look after him for coining—he said, "You have got all there is; if you search till this time to-morrow, you will find no more; it is a b——shame to take the old woman, she is innocent"—that was the woman who was sitting at the window—she was charged, remanded, and discharged—I believe the prosecution was withdrawn.
Barratt. Q. Had I any shoes on? A. You had slippers on, but lost one, and when you attempted to kick me, I seized one of your legs and pushed you over the chair; you resisted violently.
Gouldbourne. It was nothing but a drop of pure water which was in the jar. Witness. I have got it in a bottle here.
WILLIAM BROAD (Police-inspector, H). I went with Mr. Brannan, and saw Barratt stamping, and in a stooping position by the fireplace, as if treading upon something which he broke to pieces—I found four half-crowns in the chair which Gouldbourne was sitting in; after he was shoved over by Mr. Brennan—they were secured, and I handcuffed them both together, but before that I heard something fall from one of them, and saw this open pocket-knife picked up by Inspector Bryant
Barratt. Q. Had I any shoes on? A. Not when you were secured—you asked me to give you your slippers—neither of you had your coats on.
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint—these are fragments of the obverse and reverse sides of a Victoria half-crown of 1849—I have been enabled to put them together by collecting the small fragments, and on the obverse side I find certain marks which are conveyed on to these counterfeit half-crowns, produced on the coin itself thereby proving that these half-crowns are all cast in that mould—it breaks with the greatest ease, whether a man has slippers on or not—the solution in this
bottle in sulphuric acid—here is everything necessary for manufacturing counterfeit coin.
Gouldbourne. Q. Just look and see whether that is acid or water? A. It is sulphuric acid diluted—I have only seen one bottle.
Barratt's Defence. I want to know the effect of a man stamping on a mould without any shoes on, and I could not hurt him without shoes, if I had kicked him.
Gouldbourne's Defence. It was Mr. Brennan's son who shoved the table; I did not. He pushed my face with his fist three times. He picked up the knife and said, "You might have done me a great deal of injury with that knife. They picked up a poker from the fireplace, and said that we tried to resist with that. What could we two little men do against seven, and one of them with a sledge-hammer, and another with a stick loaded with lead? I did not upset the solution. Mr. Brennan was unmanly enough, when we were handcuffed together, to punch Mr. Barratt on the side of the face. I had not been in the room halt an hour.
Mr. Brennan stated that both prisoners had been before convicted; that Gouldbourne had only been out of prison six weeks; that Barrett belonged to a gang who, on one occasion, were so determined to rescue a prisoner, that they cut the harness of a cab used by the officers; that he was also a deserter, and the associate of thieves.
Five Years' each in Penal Servitude.
MESSRS. CRAWFORD and ROWDEN conducted the Prosecution.
FREDERICK HOSSOMMER . I keep the Bee-hive public-house, Christian-street, St. George's-in-the-East—on 6th January the prisoner came and asked for a pennyworth of gin—I gave it to him—he put down a bad sixpence—I said, "That is a bad sixpence"—he said, "I did not know; I will give you another"—he put down another, and I said, "That is another bad sixpence"—I said, "Where did you get this money from?"—he said that he had been round the highway, and had changed a half-crown, and that was how he got the change—I said, "Have you got any more money than these?"—he said, "No;" so I took the gin back and gave him the sixpences back, and let him go—my house is 200 or 300 yards from the Mallard Arms—I followed him out to the Mallard Arms—I heard the landlady say, "You vagabond! if I had got a polioeman here, I would give you in charge; you have got bad money"—that was as I was going in—I went in, and a constable was sent for, and she gave him in charge—I saw two bad sixpences on the counter there.
MINNA GRUNHOLD . My husband keeps the Mallard Arms public-house in Grove-street, Commercial-road—the prisoner came there on 6th January and asked for a pennyworth of gin—I served him, and he gave me a sixpence—I bent it, and found it bad—I said, "Give me other money"—he gave me a second bad sixpence—I said, "I am very sorry my husband is out, and I got no policeman here, I would give you in charge"—Mr. Hossommer then came in, and said he would give him in charge—he said, "You go and call the police, I will take care of him"—he was then given in charge—the two sixpences were lying on the counter—I gave them to the constable when he came in.
JOHN HENRY SHEPHERD (Police-sergeant, H 43). On 6th January I was called to the Mallard Arms public-house, and the prisoner was given into my custody by the last witness—I saw these two bad sixpences (produced)
on the counter—I afterwards searched the prisoner, and found two other bad sixpences (produced) and fivepence in copper.
Prisoner's Defence. I was drunk all day, and did not know what I was about.
He was further charged with having been convicted, on 5th April, 1858, of feloniously uttering counterfeit coin, when he was sentenced to Four Years' Penal Servitude; to which he
PLEADED GUILTY.**— Five Years' Penal Servitude.
MESSRS. CRAWFORD and COOKE conducted the Prosecution.
HENRY FLOREY . I am a grocer, of Chiswick—on 21st December, about half-past 9 in the evening, Hefferan, to the best of my belief, came there for half an ounce of tobacco, which came to three-halfpence—he tendered me a half-crown—I noticed that it was bad before I took it up—I told him so—I marked it—he said that he did not know that it was bad, and asked me for it—I refused to give it up—he asked me whether I would give it up to his father—I said, "No"—I would not give him the tobacco—I gave the half-crown to the constable.
Hefferan. Q. Are you sure I am the man? A. I have every reason to believe you are—I first said that I hardly knew whether you were the man or not, because you were sitting down with other persons; you afterwards got up, and I still felt some doubt, but when I saw you at the police-court I was sure of you—that was a fortnight afterwards.
MR. CRAWFORD. Q. How far is your place from Mrs. Jones's? A. Two or three hundred yards.
PHILLIS JONES . I keep a beer-shop at Chiswick, near to Mr. Florey's—on Saturday, 21st December, Hefferan came as near half-past 9 as possible, with Harrington and a man he called his father—they had some beer, and paid for it with a good half-crown, and went away—on Christmas eve Smith and Harrington came, and Harrington called for a pint of ale—she threw down half-a-crown—I gave it to my little boy John to go and get change, as I doubted it—while the boy was absent, Harrington ordered a second pint—she asked the boy when he came back for her change—he said he could not get it as it was bad, but he did not bring it back—Mr. Wright, the beadle, then came—Hefferan came and looked in, and I told Wright that that was the man who was with them on Saturday night—Hefferan was then brought in, and they were all kept till a policeman came, and then given into custody.
Smith. Q. What made you have suspicions? A. Because I had had word sent to me, and I had taken a bad florin that evening—I suspected it directly, as it was thrown down in the shade of a quart pot—she came into the dark corner—you were not with her on the Saturday night.
Harrington. Q. Did you say, "You are the young woman who was here on Saturday night?" A. Yes; and you said that you were.
MR. CRAWFORD. Q. I understand that you and Florey had had a communication A. Yes; he sent word to me on the Monday morning—it was in consequence of that that I noticed Harrington when she came in on Christmas eve.
JOHN JONES . I am a son of the last witness, and live with him—my mother gave me a half-crown to change on Christmas eve—I took it to Mr. Stinton to see if it was bad—I left it with him—I went for a policeman, but could not get one—I went back to Mr. Stinton, who sent the beadle back with me to my mother's—after that I went for a policeman, and brought one—I told the woman I could not get change, as the half-crown was bad.
Harrington. Q. Did you go anywhere else for change before you went to Mr. Stinton's? A. No.
ALPHONSO WRIGHT . I am beadle of Chiswick—on Christmas-eve, in consequence of something said to me by Mr. Stinton, I followed the little boy to the beer-house kept by his mother—I found two of the prisoners inside—I detained them for passing a bad half-crown—Hefferan then peeped in at the door, and somebody cried out, "That is the man who was here the other night"—I went out, brought him in, and gave him in custody.
GEORGE MARTIN (T 298). I was called into Mr. Jones's, and the prisoners were given into my custody—I received this bad half-crown from Mr. Stinton, and this other from Florey—I found on Hefferan 4s. 7 1/2 d. in good money, on Smith a good half-crown and one penny, but nothing on Harrington—I asked the men where they lived—they said they had no home—Harrington said that she lived at 15, Oakley-street, Chelsea—I went there and there was no such number.
Hefferan's Defence. I only looked into the beer-shop to see if some of my mates were there. The man called me in. I did not know what he wanted. I had no bad money. I did not know these people were there. A public-house is free for any man to look into. I was there on the Saturday, and gave her a good half-crown.
Harrington's Defence. I gave her half-a-crown. I did not know it was bad. How am I to know that the boy brought back the same half-crown.
Smith's Defence. Harrington asked me to have a pint of beer. I had half-a-crown, and if I had had a less coin I should have paid for it. She put down half-a-crown. They sent it away for three-quarters of an hour, and then said that it was bad. I was not with these people on the Saturday. I do not know Hefferan. If I had known it was bad I should have given my own half-crown.
NOT GUILTY .
MESSRS. CRAWFORD and LLOYD conducted the Prosecution.
WALTER GEORGE UNDERWOOD . I am the landlord of the King's Head, Queen-street, Tower-hill—about ten days before last Christmas the prisoner came there, asked for a pint of porter, which came to twopence, and tendered a bad shilling—I told him it was bad, and showed it to him—he said he was not aware of it—he asked me to let him have the porter to drink—I refused to let him have it, knowing him some time previous—I detained the shilling, and as I had no one in the bar I let him go—I broke the shilling in two in his presence, and threw it in the fire seven days afterwards.
Prisoner. Q. How long is it since you lived at Mr. Watchhorn's, in
Westminster-road? A. Better than two years ago—I have seen you between that time and when I saw you at the police-court.
CHARLES UNDERWOOD . I am barman at the Albion Stores, High-street, Shadwell, and was so in August last—the prisoner came in there about 10 or 11 o'clock one morning in August—he asked for half-a-pint of beer, which came to one penny—I served him, and he offered me a shilling—I found it was bad, and knowing him previously I did not take it off the counter—I told him that I knew very well what he was, and that I knew him before; that it was a bad one, and it was no use his trying his games on me there—I had seen him before—I said if he did not leave the house I would lock him up—he offered to pay me with a penny, which he handed me—I refused to take it—I took the beer away, and he left the house—before he left I broke the shilling in two, gave him one part and kept the date part, which I afterwards gave to the constable—that was the first time I saw the prisoner in that house, but I have seen him previously at another house where I was in service—that was in Whitecross-street, St. Luke's, about eighteen months ago—I served him with some beer—I do not know whether it was a pint or half-a-pint—he tendered me a bad shilling—I do not know what I did with it afterwards; it was lost—I told him at the time that it was bad, and he left the house as quickly as possible, and did not drink the beer—I also saw him on the Thursday or Friday before Christmas, about 19th or 20th December—he asked for a pint of beer—I served him—I recognised him when he came: in—I called the attention of the master and mistress, and of the other barman, to him—the beer came to 2d.—he tendered me a bad shilling—I told him it was bad, and broke it in two—I told him I should lock him up if he did not leave the house quickly—he then left—I was going to give him half of the shilling, but did not—I kept the two pieces—I afterwards gave them to the constable, K 149—there is an under-barman in our house, named Wasp—he never serves any one in the morning—on 1st January, between 9 and 10 in the morning, I was behind the bar, down on my knees, doing some cleaning, and my hands were dirty; the prisoner came and called for 1 1/2 d. worth of rum—I said to the under-barman, "Just serve that gentleman"—I said, "What did that man give you?"—he said, "A shilling"—I did not see him come in, but I saw him go out—he could not have seen me—I recognised him as being the party that was in before—from something Wasp said I looked in the till—there was only one shilling in it, and it was a bad one—Wasp ran out after the prisoner, and brought him and a constable back—I gave that shilling also to the constable.
Prisoner. Q. You say I came with a bad shilling to your place once before? A. You have come three times—the time before last was about the Thursday or Friday before Christmas.
MR. LLOYD. Q. Have you any doubt? A. I am quite certain he is the man.
GEORGE WASP . I am under-barman at the Albany Stores—the prisoner came there on 1st January and asked for 1 1/2 d. worth of rum—the last witness was on his knees doing something, and I served the prisoner—he tendered a shilling, and I gave him 6d. and 4 1/2 d. change, and put the shilling on a tray with other silver—we use the tray instead of a till—there was other silver in it, but no shillings—after he had gone Underwood and I looked at the shilling, and it was bad—I ran after the prisoner and asked him to step back with me, but be would not—he attempted to knock me down, and then ran away—I followed him up two or three streets, and gave him in charge.
JOHN BARRELL (Policeman, K 149). Wasp gave the prisoner in my custody—I took him to the Albion Stores, and received this bad shilling, and a shilling in two pieces, and a piece of a third shilling, from Underwood—I searched the prisoner, and found 6d. and 4 1/2 d. on him.
GUILTY .— Confined Nine Months.
MESSRS. CRAWFORD and COOKS conducted the Protection.
ELIZA BELL . I keep the British Queen public-house, Acton-road—on 1st January the prisoner came there for half a pint of beer, which came to a penny—he gave me a shilling, and I gave him sixpence, fourpence, and two halfpence—I kept the shilling in my hand, finding it was bad—I then went out after him across the road, and brought him back—I said, "The shilling you gave me was a bad one"—he said, "I was not aware of it," and gave me two good sixpences and a penny, and went away—I afterwards gave the shilling to the policeman, with some directions—this was about half-past 8, and about half-past 10 I saw the prisoner in custody.
Cross-examined by MR. WARTON. Q. How long were you before you discovered that the shilling was bad? A. I gave it to a little boy over the counter to see whether it was bad, and he said that it was, but I never lost sight of it—the boy came for a pint of beer—he comes there frequently—I charge him twopence a pint the same as the prisoner—he generally pays in halfpence—I described the prisoner to the policeman as wearing a black cap and coat, and that he was a shortish man, with a little tuft of hair on his chin, which he has not got now—I rubbed the shilling between my thumb and finger—it was not as I should like to see it, and I asked the little boy to bite it for me.
MR. CRAWFORD. Q. Had you been serving the boy? A. No; not till after I had got the prisoner back—I did not lose sight of the shilling.
ANNIE MARGARET KEMP . My husband keeps the Askew Arms, at Shepherd bush—the prisoner came there on 1st of January, for a pint of beer, which came to twopence—he received some money from a tall man who was with him, and then offered a bad florin—I bent it easily on the edge of a drawer, and returned it to the prisoner—he picked it up, broke it with his teeth, and showed it to another person who was there; not the person who was with him, and said, "It is a very bad one"—I believe he threw the pieces away—he paid me with two penny pieces, and they both left together.
Cross-examined. Q. Why did you give it back to him? A. I supposed that they were poor people, and were not aware that it was bad.
ROBERT THOMAS WEST . I keep the Princess Victoria public-house—on 1st January the prisoner came there for a pint of porter—he tendered a bad Victoria shilling—I bit it not quite in half, broke it, and threw it back, saying, "This is a bad one"—he said, "Never mind, here is another," and paid me with a good Victoria shilling—he then went into the tap-room, and had a pint of porter with another man.
Cross-examined. Q. Why did you give it back to him; is that your usual practice? A. Yes; after I have defaced them—I did not know what to do with it.
the prisoner to me—I found him about ten minutes afterwords, and took him in custody—Mrs. Bell came to the station about 10, or half-past, and identified him—I found 2 1/2 d. on him—I found him at the corner of Shepherd's-bush, about a quarter of a mile from Mrs. Bell's—I told him the charge—he made no reply—he told the inspector at the station, that he lived at 25, Wellington-terrace, Wellington-street, Kentish-town—I went there and inquired—he asked me before the Magistrate about the inquiries I made there.
GUILTY.—Recommended to mercy by the Jury.
MR. CRAWFORD stated that the person who was with him was the prisoner William Morris (see Surrey Cases). MR. WARTON stated that the prisoner's friends would send him out to Australia.
Confined Four Months.
OLD COURT.—Wednesday, January 29th, 1862.
PRESENT—The Right Hon. the LORD MAYOR; Mr. BARON CHANNELL;
Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. JAMES LAWRENCE; and ROBERT MALCOM KERB, Esq.
Before Mr. Baron Channell.
234. HENRY WELLS YOUNG (33), was indicted for feloniously forging and uttering a power of attorney to transfer 2,400l. New Three Per Cent Annuities, standing in the names of Maria Gohegan and another, with intent to defraud the Governor and Company of the Bank of England; also for forging and uttering a power of attorney for the transfer of 3,266l. 1s. 9d. Reduced Three Per Cent. Stock, with intent to defraud; to both which he
PLEADED GUILTY .— Twenty Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
JAMES WILLIAM TYLER . I am a builder, of 4, Wood-street, Westminster—prior to last Christmas I had the repair of the house 10, Portland-place, near the Regent's-park—Beckett, the deceased, at that time was taken into my employ as overlooker—I believe he had been a constable—I engaged a woman of the name of Flynn to take care of the house—the repairs went on—it was her duty to take care of the house at night, principally, as the foreman of the works was in charge in the day time—I cannot say whether the prisoner lived with that woman in that house—I have reason to believe he did, but I myself do not know—I told Beckett that he was to give her a week's notice for her to leave on the Saturday after Christmas—she occupied the butler's pantry, in the basement—that consisted of one room, which opened into the basement passage—there was a window in the room looking into the front area—Beckett had a perfect right to go in and out of the house, by my authority, at all reasonable hours.
Cross-examined by MR. RIBTON. Q. How long had you known this woman? A. Between three and four months—I had never known the prisoner at all—I have once seen him on the premises—he was there to my knowledge at the onset—I believe he slept there—I looked on the woman as his wife—I presumed that she was his wife—I was not cognisant of the
fact that he was sleeping there until his misbehaviour—the woman had to take charge of the whole of the house at night—there were repairs going on daily—the whole house was under repair; every apartment—they slept in the butler's pantry; she slept and lived there—I don't know anything about him—that was the only room that the woman occupied—there was another room occupied by my foreman—that was the only room occupied by the woman; I am positive of that—if she was in any other room it was against my order, or against my knowledge—she had a right to pass through every other room in the house to see that fires were alight in the day time—she had no right to have her meals in any other room—I desired her not—I said, "That is your room; you will live there until I wish you to remove into another room"—I did not positively desire her not to go into any other room—it was the butler's pantry that was broken open by the deceased, I have been informed; the very room that she was occupying—there was a verbal notice to be given to her—I also told Beckett in the week of Christmas, which was the week of her notice, that he was to enter the house daily, while some of the workmen were absent, to see that it was safe from fire and thieves.
COURT. Q. The workmen who worked at other times did not work during the Christmas week, I suppose? A. Some of them did, but the bulk of them did not.
MR. RIBTON. Q. Am I to understand that a the only instructions you gave him were what you have now told us? A. Yes, to the best of my knowledge—I was out of town when this unfortunate affair took place—I believe it was the 27th—there should have been work going on at that time, but the workmen were prevented—it was about ten days before this took place that I had given the instructions to Beckett—I first gave directions to give a notice to quit—the direction that he should go into the house and see that it was safe from fire and thieves, was gives at the same time—he had been in the habit of going in daily.
MR. COOPER. Q. You are a builder and had the repairing of this house? A. Yes; and I supplied men who worked there during the day—I required somebody to take charge of the premises during the night, and this Mrs. Flynn was the person I engaged—she had the use of the butler's pantry to sleep in—besides that she had authority to go into the other rooms—she attended to the fires during the day, and for that purpose went about the house—I gave directions to the overlooker to go in when he wanted, and more especially during the absence of the workmen in the Christmas week, to see that the house was safe.
WILLIAM HENRY WESTON . I am a carpenter of 20, Cowley-street, Westminster—I am foreman to Mr. Tyler—I had been employed in this house, 10, Portland-place—on 27th December I accompanied Beckett there about 9 o'clock—a labourer, named Gregory, was with me, my brother, a carpenter, and a man of the name of Boyce, a carpenter—when we got to the house I rang the area bell—Mrs. Flynn answered it—we were let in some few minutes afterwards—I did not see the prisoner previous to going to the house—on entering the house we went down the stairs to the basement, and went to the pantry door—I tried the door and found that the prisoner had fastened himself in—I called out to him to come out—I said, "Now Flynn, come out quietly, will you?"—he answered, "I won't come out, for that policeman is there," meaning Beckett—Beckett said he would get in by some means, and he went to fetch a constable—I can't call to my recollection any particular words the prisoner made use of, though, he was speaking a great deal in
there—Beckett then left—whilst he was gone the prisoner stated in reply to other parties as well as myself requesting him to come out, that he would not come out, and the first man that entered he would run him through—Beckett returned in about half-an-hour, as far as I could judge, with police-constable D 129 (Woollard)—Beckett first of all tried to force the door with his shoulder, but could not—he then requested Gregory to break it open—before that he called out to the prisoner to open the door, but he could not get it open—I cannot call to my recollection any particular remark he made, no further than calling on him to open the door—I don't think he said anything about what he would do if he did not—I could not hear the prisoner answer Beckett's request—the door was then broken open by Gregory with a crow-bar—Beckett placed himself before Gregory, and was the first man that entered—I saw the prisoner make a thrust with his right hand, and Beckett said, "He has stabbed me"—I gave the prisoner in charge, and requested my brother to take Beckett to a doctor—I did not examine Beckett at all—when he said he was stabbed he put his hand to his side, just by the side of the naval on the left side—I saw no more of him—I afterwards saw a knife given by Mrs. Flynn to the police-constable—that was after the constable had taken the prisoner up into the hall.
Cross-examined. Q. After the door was open did you go down stairs immediately? A. I don't think half a minute elapsed—the woman did not open the door for me—she was out in the area—she was not up at the front door at all—I don't know who opened the front door—it was open some minutes before I saw it—I rang the bell, Mrs. Flynn answered it, and came up to the gate to speak to me she was speaking to me when the front door was opened—it was not opened in answer to the bell—I believe it was opened by one of my party who got in at the back window—Beckett and Gregory were the two men that got in at the back window—on their opening the door for me I walked straight down stairs—we had not been able to get in to work that day—that was what we wanted to do; we were going there to work that day—we were not in the habit of breaking in at the back of the house to go to work—we had always had the house opened to us previously—we had not been at work on the 26th; we could not get admission then—it was the door of the butler's pantry that was broken open—the woman was out in the area until after the prisoner was taken in charge—I did not shut her out—she was shut out—the door was closed on her, end she was shut out in the area—it certainly required violence to break the door open—it is a large house, consisting of upwards twenty roome—it is a generally strongly built house—the door of the butler's pantry was not a very strong deer; it was an inch and a half-deal door—I should say I was not half a minute in breaking open the door—it was a heavy crow-bar; Gregory was wielding it—he struck it with the end, butted it against the door, like a battering-ram—the door went open with a sudden force—it did not go exactly wide open, it flew open as far as it did go; flew open suddenly—I was not standing close to the door at the time—I was, I suppose, three or four yards away—Gregory and Beckett were standing close to it—the policeman was not far behind them; he was very close to them—Beckett went in the moment the door was open—it was done in an instant—the moment the door went open in went Beckett—he went in before Gregory; the moment the door was opened—when the crow-bar was applied Beckett went in first, and immediately he went in this took place—I saw the knife in the prisoner's hand before the blow—he was holding it like that (describing it) with his thumb a little forward—that would be the position of his hand, I think, as near as I
could tell, but in the state of confusion I cannot speak to an inch—in a case like that of course there was confusion, which prevents my speaking with accuracy about it—the prisoner was close behind the door when I saw him first—when I say close, I mean within two feet—Beckett entering as he did would not come into close contact with the prisoner exactly at once, because the prisoner, as near as I can judge was about two feet from the door; he certainly would almost immediately, because the whole transaction did not take more than three or four minutes—I believe Gregory was next to Beckett—I was some distance behind at the time the blow was struck; about three yards, as near as I can judge—I did not see Beckett seize hold of the prisoner—I saw Beckett hold up a stick, a common walking-stick—I cannot say whether it was a heavy one—I never had it in my hand to judge—he had it in his right hand and placed it against the prisoner's left shoulder.
COURT. Q. Where was Beckett when you first saw him holding up the stick? A. He was standing then just at the entrance of the door—after the door was open the prisoner and he came in closer contact, and he held the stick to the prisoner's shoulder.
MR. RIBTON. Q. Was it in his right hand? A. Yes—I did not see him put out his left hand to lay bold of him—I will swear that the stick was placed, I should say, in close contact with his clothes—he placed it in front of him, not on his shoulder; it was touching him—I saw the stick before it touched him—it was then in Beckett's hand—it was about, I should say, a foot or from that to eighteen inches from him, previous to placing it against his shoulder—I should say it was about a foot from him previous to my seeing it touching him, and then the next I saw of it, was the stick on the man's shoulder—it was placed there by Beckett—at the time of the wound on Beckett—I believe he was stationary—the stick was on the man's shoulder in the way I have described at the time Beckett received the wound—I should say the two things happened almost at the same instant of time; namely, my seeing the stick on his shoulder, and Beckett receiving the wound—I examined the room afterwards—there was a bed in the room, the breakfast things were on the table—it appeared to me that they were actually at breakfast—I saw the knife afterwards (produced)—it is not a shoemaker knife, it is a common knife—I believe it is an ordinary pocket-knife—there were four of us at the door, I believe, at the time it was broken open—I do not suppose all entered it, not at the moment—I did not go into the room till after the prisoner was in charge, and the female was in the room—I was not at the threshold of the door at the time this happened—I was about three yards back—I had not got into the room myself at all—Gregory had not got in, he was back behind Beckett—there were four men there—they would have entered no doubt, the door being wide open.
MR. COOPER. Q. You had known Beckett for some time, had you not? A. Yes, from the commencement of that work—I had seen him walking with the stick previously—it was a stick similar to that umbrella stick—I should say, a trifle thicker than that—when he held the stick his hand was about the middle of it—he was holding it in that way (in the middle)—the prisoner was then inside the door—I should say there was about a foot between them—the prisoner was facing him—I believe he was stationary, but I could hardly speak correctly myself as to that—just at that time I saw the knife in the prisoner's hand—the next thing I saw was the thrust made at the body.
WILLIAM GREGORY . I was a labourer for Mr. Tyler—on 27th December I accompanied Beckett and last witness to this house—on reaching the house I went in with the deceased—we got in at a back window on the first floor—Beckett was first—we then went down stairs—during this time Weston was ringing the front door bell—the woman was in the area answering at the time—Beckett stepped forward and shut the door, and shut the woman in the area—then the prisoner was locked in the butler's pantry—Beckett persuaded him first to come out quietly—he asked him if he would come out quietly, or he would break the door open—the prisoner said he would not come out, but the first that attempted to come in he would run through—the deceased then went to fetch a policeman—I should think he was gone nearly half an hour, as near as I can recollect—during his absence we were watching the prisoner's manoeuvres in the room, and persuading him to come out—we could see into the room, looking through a window—I saw the prisoner there alone, he was walking backwards and forwards in the room, with the knife in his hand—I could see the knife, it was in his right hand—he had it in this way, down this side, with the blade open—he was walking about, when the door was shut—he did not my anything more during the absence of Beckett—we were persuading him to come out, and he said he would not, that was all—after the time I have meutioned, Beckett returned with the policeman, D. 129—he then ordered me to break the door open—he said, "I will have him out; break the door open."
COURT. Q. How did he say that, in a low or a loud tone of voice? A. Well, not particularly loud, loud enough for any one inside to hear.
MR. COOPER. Q. Was that the first thing he said, or did he say anything before that? A. I did not hear him say anything more—he requested me to break the door open, and I got the crow-bar and broke it open—I should say I was about two minutes breaking it open—as soon as that was done I cautioned the deceased that the prisoner had a knife in his hand—I said, "Be careful; he has a knife in his hand"—I spoke that loud; anyone inside could hear—the door was open at that time—the deceased stepped forward with the stick in his hand, held his hand up in this direction, and said, "If you use that knife, I will drop this stick on your head," no sooner did he say so than the prisoner made a plunge with the knife, and Beckett said, "I am stabbed, he has stabbed me"—the constable then stepped forward and told him to shut the knife up—the prisoner shut the knife up, and gave it to the woman in the area; dropped it in the area—I did not see it afterwards—the woman was in the area at that time—the policeman took the prisoner away—I did not examine the deceased at all; they took him away—I assisted the constable with the prisoner.
Cross-examined. Q. Were you one of those that shut the woman out? A. The deceased shut her out—I entered the house with him—she was not calling out to us to let her in—the room the prisoner was in was a small butler's pantry—I cannot mention the size—it was about as wide as the the dock, I dare say—it was much longer but narrow—I was next to Beckett—the stick did not touch the prisoner at any time—I am sure of that—I could see quite plain—Weston was standing at the back of me on the right hand side, when these words were used by the deceased—he might be near enough to hear them, I dare say; I cannot say—they were not said in an angry excited tone on the deceased's side—what he said was, "As soon as you use that I will drop this stick on to your head"—he did not say that in a tone of voice in any way put out—he said it in a loud tone,
in a determined voice; of course he was determined—Weston might easily have heard it—I do not know whether he did or not—I saw the knife before these words were used, through the glass—I saw it in his hand after the door was broken open, and before the words were used—he had it in his right hand when the words were used by him—there was no movement of the stick accompanying them—the stick was up; he had it up in this direction (describing it)—the movement of the stick at the time corresponded with the words, so as to intimate to the prisoner that he really meant what he said—he had the stick in that direction (in the middle)—he had full opportunity to have given him a very severe blow if he thought proper—the next instant he could have given him a very severe blow on the head if he thought proper—not a blow that would have killed him, with that stick I should think—it was an ordinary walking stick—Beckett appeared to be a strong man—it was immediately after the words were used that the blow was struck—Beckett had not advanced at all before the blow was struck—I had the crow-bar in my hand—I was close behind Beckett—I was holding it in both hands—I broke the door open with the ends—after I broke the door open I set the crow-bar down—I did not have it in my hand when I was following Beckett—I had not got it in my hand at the time Beckett used those words—I set it down by the door outside—I had it in my hand till I broke the door open, not after; the moment the door was broken open Beckett went in, the very instant—I mean to say that at the time Beckett said those words, I had not the crow-bar in my hand; it was set down.
COURT. Q. You say you got in at the back window with Beckett? A. Yes; I had not the crow-bar with me then, it was in the house—I first took possession of it when Beckett came back with the policeman, when he ordered me to break open the door—I found it in a little room which had been a wine-cellar—I got it for the purpose—there was a window which enabled me to look into the room and see the prisoner walking backwards and forwards—I was observing him through that window at different times during the half-hour, every now and then—the door was shut at that time—I went to the window from time to time and looked in—I was not always at the window—there was another man there, and when he had had a look I went and had a look—I should say I noticed him two or three times walking about with the knife in his hand during the half-hour, while Beckett was gone for the policeman.
JAMES WOOLLARD (Policeman, D 129). On 27th December, I accompanied Beckett to 10, Portland-place—when we got to the house, Beckett said, "Come into the house"—I went down stairs with him—I heard Beckett ask the prisoner to come out of the room—he said, "You had better come out quietly, and go away quietly"—I could not hear any answer from the prisoner, but a minute or two afterwards they broke open the door—Beckett was one and Gregory the other that did it—as soon as the door was opened Beckett was the first one that entered the room—he came back again, and said, "I am stabbed"—Mr. Weston said, "I will give the prisoner in charge"—I went into the room and saw the prisoner standing in the middle of the room with a knife in his hand—I have produced the knife to-day—I told him to lay the knife down; that he must go with me to the police-station—he closed the knife and dropped it out of the window into the area—I took him into custody, asking Gregory and Mr. Weston to hold him a minute while I went into the area and got the knife—I went into the area but could not find the knife anywhere—I afterwards got it from the female—she gave it to me—I then returned to the prisoner
and conveyed him to the station—on the way he said something to me—before he said so I had said nothing to him—I held out no promise or inducement whatever—it was in Oxford-street that he said it—he said he had been living with this woman and had told her she would be the cause of his doing something wrong, as she would not get up to get his breakfast ready that morning for him to go to work—that was all he said—when the door was broken open I was standing about two or three yards back, in the passage, just at the bottom of the steps—I was about two or three yards from Gregory, as near as I can tell.
Cross-examined. Q. Did you see the men go into the room, or attempt to go in after the door was broken open? A. I saw Beckett—Mr. Weston and Gregory were behind him—Gregory did not attempt to go in—he stood outside in the passage—I cannot say the distance he was from Beckett—he was not a great way; somehing about a yard, or it may be a yard and a half—he had the crow-bar in his hand—I; believe he had it in his hand at the time I heard the deceased say he was stabbed—the prisoner had got his boots on—he was not taken to the station in his slippers—he was in a pair of boots I believe—I did not take any notice of his feet in particular—he walked to the station—he had a pair of boots on—he did not put any boots on after I took him—I swear that—it might be a pair of slippers that he had on, I cannot say—he had a pair of shoes on or something—he did not put any on. after he got to the station—I do not know whether a pair of boots was brought to him after he got to the station—I did not see any—what he had on looked very like boots—when, I went into the room he was not without boots or slippers—I believe he had a pair of boots on—I do not know that his wife brought him a pair of boots at the station three days afterwards—he did not say that he was using the knife cutting the heels of his boots—I have not been in Court while the other witnesses were examined.
MR. COOFER. Q. Did the door of the pantry nice you, or was it by the side of you as you stood? A. It was facing me—it opened from the left-hand side to the rights believe Gregory stood on the left-hand side when the door opened—Mr. Weston stood between me and Gregory—Beckett stood against the door at the moment it opened, on the left—I could not see on which side he passed Gregory when he went into the room.
WILLIAM MORRIS MARSHALL . I am house-surgeon of the Middlesex Hospital—on 27th December, Beckett was brought there—I took him in about 11 o'clock in the forenoon—I examined him in the out-patients room—his clothes were removed before I saw him—there was a punctured wound in the abdomen, about half an inch in width—it was such a wound as a knife like this (produced) would make—he was then taken to the ward and placed in bed—I examined the wound many times afterwards, but did not probe it during his lifetime—he died, on the 8th January—I made a post mortem examination—I found that the whole lining membrane of the abdomen and the lining membrane covering the intestines was in a state of inflammation, or had been—that was the cause of his death—I traced the wound—the depth of it was about two inches—it had penetrated to the lining membrane of the abdomen, the lining, of the wall of the abdomen—I should say the inflammation arose from the wound, and the inflammation was the cause of the death.
COURT. Q. The wound had only penetrated as far as the lining of the abdomen? A. Yes; that is continues with the wall of the abdomen—the inflammation was over the whole of the intestines—I have no doubt that the inflammation was the cause of death, and that was caused by the wound.
Cross-examined. Q. Did you attend him from the time you saw him first until his death? A. I did—I thought it a slight wound at first—there were two surgeons attending him; myself and Mr. Shaw—I saw him every day, and I think Mr. Shaw did—he prescribed for him, and I saw his directions carried out—Mr. Shaw is not here—the wound was on the left side of the abdomen—I did not know the deceased before—I examined the whole of his body, and the head—it was quite healthy—there was some abnormal appearance on the brain; that appeared to be of long standing—I think he gave his age as 35—the inflammation was all over the intestines—I can undertake to say that the inflammation was owing to no other cause, besides the wound—there was nothing else to accouut for it—inflammation is generally set up from a wound within twenty-four hours—you cannot very well ascertain it except by the pain it gives rise to—it is ascertained more from the pain which the patient experiences on pressure—I did not really suppose him in danger until about four days before his death—the inflammation was then first well marked—he was confined to his bed in the hospital—I can undertake to say positively that the inflammation could not have been produced by other causes than the wound—I thought it a slight wound at first—it is against the rules of surgery to probe a wound in the abdomen—if I had probed it I could not have thought it a slight one; but from the external appearances it only seemed to be through the outer wall—it is not usual to probe, because that operation might give rise to the penetration of the peritoneum, the very mischief you are anxious to avert—I say that I know of no other cause to have produced it.
COURT. Q. Was yours a general post mortem examination? A. Yes—I examined the whole of the viscera, the head, chest, and abdomen—I found inflammation of the peritoneum—I traced that to the wound itself—there was a thickening round the wound, which had evidently proceeded from inflammation—that would tend to show where the inflammation was first set up.
SAMUEL STOKES (Police-inspector D). I produce the deceased's clothes that he had on at the time this occurred—I have examined them—I found a small hole going through two shirts, a pair of trousers, and a scarf, near the centre—I was present at the hospital when the deceased's examination was taken, in the presence of Mr. Tyrrwhitt, the Magistrate—the prisoner was also there—the deceased made a statement which was taken down in writing by the Magistrate's clerk—I heard him examined—the prisoner could hear what he said; and he put some questions to him—this is the Magistrate's signature.
Cross-examined. Q. Where was the examination taken? A. At the Middlesex Hospital in the ward—Beckett was in bed—I saw him sworn by the chief usher of Marylebone police-court—I saw the oath administered—Mr. Tyrrwhitt was present there—the prisoner was standing by the side of Beckett's bed—(The examination of the deceased was here read as follows:—"On 27th December, I was engaged as a timekeeper of the men employed at No. 10, Portland-place—I had instructions from the builder before he went out of town, to clear the house of these people, meaning the prisoner and the woman who had charge of the house—I went to the room where the prisoner was, with the other men—I got the assistance of the other men—the door was locked—after I got into the house I demanded admittance—the woman was outside the house in the area at the time—I called to him again to open the door, and I heard the woman say, 'Blow his b——brains out'—a man brought a large hammer—the door was broken open immediately
—I went to the door—I saw the prisoner standing about two paces to the right, in the room—I did not lay bold of him—I saw that he had something about four inches long in his hand—he had never attempted anything against me before—I told him if he did anything I would knock him down—he then stepped one pace towards the front, and half-pace towards the left, and he struck me with such force that it was like throwing a skittle ball—it was in the belly and I felt it very warm—I felt the blood—I had a thick waistcoat and thick clothes on, and a cheat protector; and it shows the force it must have struck; but for that it would have gone to the back bone. Cross-examined by the prisoner. I think it was an Irish labourer we had got there that broke open the door—I did not rush at him, or catch hold of him by the collar—I never raised a finger to him.")
MR. RIBTON to WILLIAM GREGORY. Q. When you saw the prisoner walking up and down the room, can you tell me whether he had his boots on or not? A. He had slippers on—he was taken in the slippers to the station—I did not hear anything said about his cutting the heels of his boots with his knife—I did not see the boots in the room—I did not see that he had one of the boots in his hand at the time I saw him walking up and down—I saw no boots whatever—I saw nothing in his hand but the knife.
GUILTY of Manslaughter. — Twenty Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
CHRISTOPHER CRANE . I live at Prebend-street, Islington, and am a wholesale milliner—the prisoner is my brother—on Tuesday, 3rd December, I met him at Islington-green, quite accidentally—I went with him to a coffee-shop on Islington-green—I had seen him nearly two years before this meeting—I had been abroad in that two years—he requested me to meet him to see a friend of his in the Green-lanes, on the following Thursday—he did not say for what reason—I met him on the Thursday in the Lower-road—we walked a short way down the Lower-road—he said it was not convenient to see his friend that night; but I was to meet him on the Friday evening—nothing passed that night except when I have stated—I was to have met him at 7 o'clock on Friday—I did not get home till 8, so I could not go to meet him—he met me on Saturday morning, between 9 and 10, at King's Cross, at the corner of the Caledouian-road—he said a friend of his had informed him that I went that way every Saturday morning—he said, "You did not meet me last night; but it is of no consequence, to-night will do as well"—I agreed to meet him that night, at 7 o'clook, in the same place, Northampton-street—I met him at quarter-past 7 that Saturday evening—he had a parcel in his hand, and he said he wished to leave the parcel in the Ball's Pond-road, as he knew a coffee-shop there—we then went up Northampton-street, and turned to the right, and proceeded as far as the Islington and Ball's Pond-road station—we bore off to the right, and turned down a lane—I don't know the name of it; but it took us nearly facing the coffee-shop he mentioned—he left me waiting there while he took the parcel into the coffee-shop—when he returned to me, he said, "That is all right; I have left it"—we then proceeded up St. Paul's-terrace—he wanted to go up a narrow lane that leads up to a tavern—I said to him, "If you want to go to the Green-lanes, why not go round by way of the green, it is cleaner than this way"—he said he wanted to see his friend
by 8 o'clock, an there was not time, that was the nearest way, or words to that effect—we then went that way—we went up the road by the side of the canal, or rather a pathway by the side of the river—not the tide that' is usually frequented by foot passengers; but the side where there had been a quantity of bricks standing for some time—I said to him then, "Why don't you cross over the bridge and walk on the other side, it is so very muddy on this side?"—he said. "Oh, never mind that, you can easily wash a little mud off your boots"—he asked me to walk by myself, as he was well known about that quarter—I said it made no difference to me—he walked on first, and left me—it was close by Paul's-terrace that he made that remark; but I cannot say exactly at what spot—we then proceeded a little farther, and he said, "Is that a man and a woman standing there"—I said, "No; it is only your fancy"—we walked about three parts of the way up the path, and he said, "Walk a little further in that direction"—that was pointing from the river I walked back a few steps, and he struck me a violent blow on the head—I turned half round—he repeated the blows several times, and I fell down—he then caught hold of my coat and waistcoat, and endeavoured to drag me towards the water—with a violent straggle I managed to get away from him, or he must have got me in—I saw afterwards that I had lost part of my waistcoat—it was in his hand—he then commernced striking me over the heads second time—he had a life-preserver in his hand the first time—it was after the second number of blows that he put the life-preserver on the ground—I distinctly saw him lay it down, after palling me towards the water the first time—the second time he attacked me with the life-preserver he laid it down on the ground—the first blow on the bead was with a life-preserver—he tried to drag me to the river the first time with it in his hand—it was after that he laid it down—I distinctly saw him take it up again, and he repeated the blows over my head again the second time—he then caught hold of me by my scarf, and endeavoured again to drag me towards the water—it was a scarf that I wear with my collar—I resisted as well as I could, and the scarf broke away from my neck—he then looked about for the life-preserver, picked the up, and began striking me over the head the third time—I then pulled the life-preserver out of his hand, and threw it from me—he did not take it up again—that was the last time he struck me—he then caught hold of me by the collar of my coat, and endeavoured to drag me into the river the third time, and I then slid down the embankment, and ran and walked away as well as I could—he ran past me towards a pile of bricks, and I fell into a pit—he came to the edge of the pit, and said, "Come out of there, what do you want down there in the pit?"—I said, "You wicked villain, to get away from you; I know you wish to murder me"—he made no further reply—I then got out of the pit, and ran towards a brick wall—I came to the brick wall, and tried to get over it—I clambered over it, and fell on the other side—while I was doing so the prisoner caught hold of me by the tails of my coat to endeavour to pull me back—he did not do so; I fell over—over the next wall I saw a light—I had two walls to get over—I got over the second wall—the light was in the kitchen of a house—I went into the area, knocked violently at the window, and called out "Murder!"—a man came out and assisted me—I went with him to a surgeon's, and afterwards to St. Bartholomew's hospital—I have been suffering ever since from the effects.
STEPHEN WATTS . I am a labourer, and live at Highbury-new-park—on the night of 7th December a tap came at my back kitchen window—It ran to the window, and asked what was the matter—immediately cries of "Murder!" issued—there is no back door from the kitchen into the garden—I
went out at the side door as quick as possible, and I saw a man in the back area—I assisted him out of the area—his coat was torn to pieces, and he was bleeding—I should not recognise his countenance—if I had not seen the man before I could not have recognised him again—the prosecutor was the man—I helped him out of the area—my wife went to the front gate, and cried "Murder!"—I assisted him to the doctor's—as I was taking him out of the garden gate a policeman came and assisted me, and we took him to the doctor's—I did not go with him to the hospital.
Jury. Q. You were acquainted with him? A. No—I mean if I had not seen him at that time, I should not have known him now—he was quite a stranger to me.
GEORGE WILLSHER (Policeman, N 158). I was on duty on the night of 7th December near Highbury-new-park—I saw the prosecutor there, and the witness assisting him down to the surgery—from some remarks that were made I went to the banks of the New-river—I there saw two pools of blood, and marks on the soil by the earth being knocked about as if a struggle had taken place—I found this life preserver there (produced)—there was fresh blood on it—I assisted the prosecutor, first to the surgery, and then to the hospital—that was before I went to the New-river.
Prisoner. He states he found two pools of blood; I should wish him to describe what he means by that. Witness. There were two pools within six inches of one another—the blood was scattered all over the ground—it was not splashes of blood; it laid in thick substance, where it run from the man in a stream—the two pools were about six inches apart—they were not exactly pools; there was blood on the ground that I could clearly see; it was lying in pools.
Jury. Q. Could you give any idea of the quantity? A. I have not any idea of the quantity.
GEORGE PARSONS (Police-sergeant, N 47). On the night of Saturday, 7th December, I took the prisoner into custody at 20, Ormsby-street, Kingsland-road—I told him he was charged by his brother with cutting and wounding him with intent to murder him at Highbury—he said, "I have not seen my brother to-night"—I did not mention the word night to him—this was in the night—I said, "Your brother has charged you, you must come with me to the station"—with the assistance of another constable I took him to the station—he did not say anything till we got to the station—before the charge was taken a constable had been sent to the hospital to ascertain how the wounded man was—when he came back I said to the prisoner, who was being put in the cell, "Your brother is very ill"—he said, "It is a bad job; I suppose I shall get over it somehow"—I went to Ball's-pond for a parcel—I found a parcel had been left by the prisoner—it contained a quantity of wadding—the coffee-shop man saw the prisoner—he is not here; he was not bound over.
THOMAS SMITH ELLIS . I am house-surgeon at St. Bartholomew's hospital—the prosecutor was admitted on the evening of 7th December—he was bleeding from the head and face—on examination he was found to have sustained a number of contused and lacerated wounds—some of them were contused and some lacerated, and some of them partook of both characters—they were over the head and face, the majority over the head—I counted twenty; they were nearly over the whole of the scalp—he remained in the hospital some time under my treatment—he was in great danger—he appeared to have lost much blood—they were wounds that might be produced by such an instrument as this life-preserver—it would produce a lacerated
wound—when there is a resisting substance underneath, like the bones of the head, it would, so to speak, crack the skin, and produce wounds which would have the appearance of lacerated wounds.
Prisoner's Defence. Some time ago my brother lost his character in the City. I went to his house one Sunday, and found him in great destitution. I enabled him to the best of my ability to go abroad; he said he would repay me if he could do so. He went to New Zealand, and returned, not having accumulated any cash. He went again, and returned, and started in business; he had previously started in business, but failed. When he returned he said to my friends he did not mean to do anything for me; he ridiculed what I had done for him, and said it was only to answer my own purpose and for my own ends. I lent him to the amount of 38l., and I have known the time when he has refused me bread. He provoked and aggravated me so that I did what I never thought of doing. He has taken things from me and from my sister, and sold them through his wife, and he has told my friends that I merely assisted him to gain my own ends. I hope you will take the matter into consideration before you pass sentence on me. I had no intention at the time to murder; I was so excited that I scarcely knew what I was about.
GUILTY on the First Count.—Recommended to mercy by some of the Jury on the ground that when he saw the prosecutor in the pit, he left him there without any further violence. — Twenty Years' Penal Servitude.
NEW COURT.—Wednesday, January 29th, 1862.
PRESENT—Sir ROBERT WALTER CARDEN, Knt. Ald.; and ROBERT
MALCOLM KERR, ESQ.
Before Robert Malcolm Kerr, Esq.
MESSRS. CLERK and METCALFE conducted the Prosecution.
JOHN NEWMAN . I am a watchmaker, jeweller, and auxiliary letter-carrier of Bexley-heath—on 13th September I received from Mr. Dunkley, of Bunhill-row, four gold rings, one of which had been made to order—I afterwards found that three of them would not suit me, and sent them back in a letter, addressed, "Mr. Dunkley, working jeweller, Bunhill-row, St. Luke's"—I fastened it, and posted it at the Bexley-heath post-office—I believe this (produced) is one of the rings I returned—one of those I sent was a hair-ring.
Cross-examined by MR. LLOYD. Q. How long had you that ring in your possession? A. Only one day—it is four months to-day since I saw it—I only say that it is a ring similar to this—it was a hair-ring with the initials E.B., as I read it, and I believe it to be so—I ordered E.B. to be put on it, for Esther Bawn—the ring I sent back on the 14th was the same which I received from Mr. Dunkley on the 13th.
COURT. Q. Is not this a very common hair-ring? A. Yes, we very often have them made to order with particular hair—this is the general pattern—
(The ring bore the initials C.B.)
THOMAS DUNKLEY , junior. Mr. Newman came to our shop on 13th September, and my father gave him four rings, one of which was a hair-ring—in which I had inserted the hair, but my father made the ring—the initials were engraved by Mr. Dowsett—I did not give him the instructions what
initials to engrave, but I gave him a bit of paper, and he engraved C.B. on it; it ought to have been E.B.—this is the ring—I never received a letter from Mr. Newman by the post, containing this ring and two others.
Cross-examined. Q. Do I understand you to swear it is the same, or that it is similar? A. It is the same, because the gold on the shield is red and the other part is yellow.
COURT. Q. When did you first notice the engraving being wrong? A. Not till Mr. Clare brought it to us a fortnight ago—I did not know at the time it was given to Newman that the initials ought to be E.B.—that was our mistake—I gave the engraver a piece of paper—I did not know at that time that the initials were to be E.B., nor did I know it when it came back from Dowsett—this is the universal kind of ring into which hair is put—I handled it after it came back from Dowsett, and put the hair in it, but did not notice the initials.
THOMAS DUNKLEY . I am the father of the last witness, and am a jeweller Of Bunhill-row—I made this ring—it is made of yellow gold and the shield is rather redder—I made it myself and gave it to my son to put the hair in—I know my own work—Mr. Dowsett of Wilderness-row engraved it—I sent my boy to him with it—I understood that the initials were to be C.B.—I gave directions for C.B. to be engraved, and I find C.B. on it—I gave it to Mr. Newman on 13th September, with three others—I did not receive a letter containing that and two other rings—I never saw it again till it was brought to me by the post-office authorities.
Cross-examined. Q. Have you made any other rings? A. Plenty, but we do not make two alike unless we have an order to that effect—I can speak to rings I made twenty-five years ago—I made severed alike at Christmas, but they were all for one family.
COURT. Q. Did you send a piece of paper to Dowsett? A. Yes, with C.B. on it, and afterwards an order came up to make the ring a little larger, and it was to be KB., but I never had the ring—I thought it did not fit—it is quite possible that some other man may have made a ring in which the shield is redder than the other part, but I do not think it would be at all likely—I had not got enough gold; they were in a hurry and I used different gold—it is not observable—it is only a cheap ring—it is not hall-marked.
JURY. Q. Did you make application about the loss of the letter? A. No; I did not know that there was any necessity, but the postman made inquiries.
WILLIAM BAILY DOWSETT . I am an engraver, and have worked for Mr. Dunkley many years—I engraved this ring—the letters on it are C.B., which I put according to instructions, I believe, but it is possible for me to make a mistake—the parties afterwards fetched it home.
Cross-examined. Q. I suppose you put a good many initials on rings? A. Yes; and I have many times engraved C.B. on them, but I cannot say that I have done so for Mr. Dunkley, neither can I say that I engraved this ring for Mr. Dunkley—I only say that I engraved it.
ESTHER MAYNOD . I keep the Bexley-heath post-office—I send off the letters—a letter posted at half-past 8 on the evening of 14th September would go to London at a quarter to 9—I sent the bag of letters to London that evening.
JAMES SHARPE . I am a sorter at the South-Eastern district post-office—the mail-bag from Bexley-heath reached that station about 10 o'clock on 14th September—it was tied and sealed in the proper way—a letter arriving in
that bag addressed to Bunhill-row, would be forwarded in the mail-bag about 11 o'clock to the chief office.
Cross-examined. Q. Do you recollect receiving it yourself? A. Yes, by signing the bill containing an account of the register afterwards in this bag.
MR. METCALFE. Q. Did you sign in the ordinary way, which you could not have done if it had been previously opened? A. Yes.
GEORGE CUMBERSOME . I am letter-carrier at the South-Eastern office—I made up and dispatched the mail-bag at 11.25 on the morning of 14th September, to the chief office—it was tied and sealed in the ordinary way.
Cross-examined. Q. How do you recollect it? A. I signed for it in a book.
WILLIAM DORRIT . I am a sorter in the General post-office—on 14th September I was on duty to deliver the 12 o'clock letters at Bunhill-row—if there had been any letter to Mr. Dunkley of Bunhill-row, I should have had to deliver it—I did not deliver any such letter that I am aware of—I get there about half-past 12.
Cross-examined. Q. From whom did you receive the letters that day? A. They are put up to the name of the walk, Chiswell-street—I get them from the sorting-table—I take my own letters—I believe the prisoner brought them to the table—five people are employed in sorting—it might go through five or six hands before it came to me—it would be the duty of a man named Clark to collect the letters that day, but not to give them to me.
MR. CLERK. Q. Were you engaged as a sorter that morning? A. Yes—the letters are sorted for particular walks—the letter carriers used to take the letters from the sorting-table to their seats; we do not now—I cannot say how long that has been prohibited, but it was so at this time—by collecting, I mean taking them from where they are sorted to the section where they are divided into walks—they are first divided into sections, and put before letter carriers to divide into walks—Clark could not have done that then because he was not there—that was his usual hour to be there.
WILLIAM GEORGE DUNSTABLE . I am inspector of letter-carriers at the General post-office—the prisoner was employed there on the morning of 14th September—it was his duty to collect letters from the first section sorting, to the walk sorting—when the bag comes the letters are emptied on a table, and are then taken by one man to the sorting table where they are sorted into four sections and afterwards into walks—the prisoner took the letters that morning after they had been sorted the first time, from the section to the walk sorting table—all letters for the first section would pass through his hands—Bunhill-row is in the first section—he signed a book when he came that morning—he came about 11.40—he made a change that day with a man named Clark, and he left about 12.15—the whole of the Bunhill-row letters would pass through his hands.
Cross-examined. Q. What distance would he have to carry the letters? A. Two or three yards—he would have about forty letters, according to the heaviness of the duty—it was a matter of choice how many he would carry, according to the heaviness of the duty—they cannot grasp many, only thirty or forty—if he abstracted the letter it must have been just while he was moving those two or three yards—it is done very rapidly—there would be about twenty people there while this was going on—he might have got some missorted letters—this entry is made at the time—it is in his writing.
that he was there on 14th September—his walk was Bartholomew-square—that is the adjoining walk to that for which this letter is directed—they sometimes receive missorts, and put them with their own delivery—on 10th January, an investigation took place at the post-office about some letters which the prisoner had to deliver, and I received from him some keys which I understood were his—I went to his lodgings at Packington-street, Islington, and found one of the keys which he showed me opened a box which I found in a bed-room, at the top of the house, in which I found several letters addressed to him—I further searched the pockets of the clothes in that box, and found five rings, among which was the one produced—I took them to the post office, and showed them to the prisoner—he said that they were all his—on the morning of 21st January he was brought to the post office in custody, and was told in my presence that the hair-ring was posted at Bexley, in a letter, and had been identified—he was cautioned that if he had anything to say it might be given in evidence against him—he said, "Well, if you want it for evidence, I shall decline to say anything about it—he also said the wedding-ring was his—he declined to say where he got the hair-ring, but that it had been given given to him—I did not ask him by whom.
Cross-examined. Q. Did not he say, "I can account for it?" A. Not at that time; he did sometime before.
COURT. Q. You spoke to him on the 10th? A. Yes; he was sent for then in consequence of having been seen taking some letters—on my oath he was brought there by the Inspector on the 10th, and the police-officer brought him in custody on the 21st—I do not know where he was from the 10th to the 21st—he was not employed in the post-office—he was suspended on 10th January, from an application made by Mr. Newman of Blackheath—I do not know whether he remained at his residence from the 10th to the 21st—the officer found him at his lodging—I was not there—I did go there on 10th January—he was not taken in custody on the 10th, because we could not tell till we searched the books whether there was any application for the ring—when I asked him for his keys he gave them up readily—letters are frequently missorted.
MR. CLERK. Q. Had this investigation which took place on the 10th, any reference to Mr. Newman's ring? A. No; I then went to the lodging and found these rings, and on further inquiry I found that application had been made at the post-office with regard to the loss of the letter in September.
WILLIAM SMEE . I am an officer of the post-office—I took the prisoner from his lodging to the post-office on the 21st, on a warrant for his apprehension, which I had had eight days—I had been to his lodging once and I had watched the house frequently—I did not see him from the 10th up to the 21st—I went there the day I got the warrant, to inquire for him, and was told that he was out—I received information that he had returned on the Saturday, and I apprehended him on the Tuesday following.
Cross-examined. Q. Was he out of town for a week? A. I do not know.
LANCELOT ARCHER BURTON HANKS . I am a letter carrier of the northern district office, Lower-road, Islington—on 12th January, the prisoner was employed there—he came to that district in November—he occupied the same lodging as I did in January, but had not done so from the time he came—he did for seven or eight weeks—we occupied the same room—I have seen him wearing a hair-ring—I did not take enough notice of it to swear positively to it—he did not wear it every day—the first time I saw it was
on Sunday, about a month after he first came to lodge with me—it might be a week more or a week lees—it had initials on the back, but I do not know what they were.
Cross-examined. Q. When did he come to lodge with you? A. It was ten weeks ago last Sunday—it was about 1st December that I first noticed the ring—I have seen him wear the other rings—sometimes he put on two on Sundays, and when he went out one evening, I remember his wearing one—he wore them in full dress. (MR. LLOYD submitted that there was no case against the prisoner as he was not seen wearing the ring till three months after it was stolen. Mr. Justice Patteson having decided in the case of Regina v. Partridge, that in the case of articles which passed from hand to hand readily, two months would be too long a period to be considered at a recent possession; and that there was only a bare possibility that the prisoner might have taken the ring. THE COURT considered there was a case for the Jury.)
NOT GUILTY .
MR. GRESHAM conducted the Prosecution.
JOHN HENDERSON (City-policeman, 472). On Wednesday, 8th January, I was with Betts in Queen-street, near the prosecutor's warehouse, and saw Wilkinson two or three yards from their door, and Johnson at the corner of Cloak-lane, about ten yards from the door—I had previously seen them walking together—I passed them and walked on—they were looking about them in every direction—we passed down about thirty yards—we were in plain clothes, and we then turned round and saw that Johnson had disappeared—we crossed to the west side of Queen-street, and saw Wilkinson standing outside the warehouse door, and immediately afterwards Johnson came out of the warehouse with a case in his arms, which appeared heavy—Wilkinson turned his back—Johnson put the case on Wilkinson's back—we then crossed over Queen-street—Johnson turned his head and saw us, and took it off Wilkinson's shoulder, put it on the pavement, walked two or three yards, and then they ran off as fast as they could—I pursued them, and took Wilkinson—I told him I took him for stealing a case of goods out of a warehouse in Cloak-lane—he said, "It was not I who stole it; it was the other man; he asked me to carry it for him"—this is the case, and this is a portion of the starch (produced)—it was filled with these packages.
Cross-examined by MR. LANGFORD. Q. When you first saw Wilkinson, how many yards were you off? A. Twenty—Johnson was not taken at the time—I know a person named Bagster—I believe he is acquainted with the prisoners—I have had a conversation with him about them—I believe there is some ill-feeling between Bagster and Johnson about a lady—I never saw Bagster till lately.
Wilkinson. That is quite correct what he states; I was employed by a man to carry it; he was a stranger to me. Witness. It was Johnson that I saw, and not Bagster.
COURT. Q. Who was the person that put the packet on Wilkinson's back? A. Johnson; it appears that Johnson ran away with Bagster's wife, or took his wife away from him, and we took Johnson from the woman in bed, when we apprehended him—we found out that Bagster knew something about Johnson—he did not know where Johnson was, but he ultimately gave us information which enabled us to get at Johnson.
WALTER BETTS (City-policeman, 461). I was with Henderson on 8th January, walking down Queen-street, and saw Johnson standing at the corner of Cloak-lane, two or three yards from the prosecutor's warehouse door—Wilkinson was close by—they were both looking anxiously about them in every direction—we afterwards returned, looked down Cloak-lane, and saw Wilkinson standing in the same position by the warehouse door—in about half a minute Johnson brought this case out in his arms and put it on Wilkinson's back—we walked towards them—Johnson turned his head and appeared to see us—he took the box off Wilkinson's back and set it down, walked two or three yards and then commenced running—I followed Johnson but could not catch him, being obstructed by the carriages, but I apprehended him on the Monday morning following, in Ratcliff-highway, at half-past 1, and charged him with stealing a case of starch from Messrs. Wotherspoon's warehouse—he said that I had made a mistake that time.
JOHN ABERCROMBIE . I am manager to Robert Wotherspoon and another, wholesale confectioners—I cannot swear to this case being ours, but it is similar to those we had on the premises on 8th January, and which contain starch—the prisoners had no authority to take a case like that from the warehouse that day.
Wilkinson's Defence. I am quite innocent. I was asked to carry the box down Thames-street; I said to the man, "What are you going away for; he said, "Here is the man who belongs to it, and ran off, and I after him.
WILKINSON**— GUILTY .— Three Years Penal Servitude.
JOHNSON— GUILTY .
PLEADED GUILTY.*— Four Years' Penal Servitude.
THIRD COURT.—Wednesday, January 29th, 1862.
PRESENT—Mr. Ald. SIDNEY; Mr. Ald. CONDER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MESSRS. COOKE and CRAWFORD conducted the Prosecution.
JESSIE CARR . My mother keeps a chandler's shop in Bedfordbury—on 18th November, I was serving in the shop—the prisoner came in for a pound of bread, which was 2d.—he gave me a shilling in payment—I gave him his change and he went away—Mr. Dawson, a neighbour came in—I still had the shilling in my hand—I gave it to him, he put it between his teeth, bit it, and said it was a rank bad one—he kept the shilling—he went after the prisoner and brought him back, and a police constable also—there was another young fellow brought back with him.
Prisoner. I distinctly saw you put the shilling in the till. Witness. There was no money in the till—I did not put it in—it was never out of my hand until I placed it in Mr. Dawson's hand.
JOHN DAWSON . I occupy a cellar at 33, Bedfordbury, and am a cooper—I was at work on 18th November—I noticed the prisoner and another young man lurking about the window of No. 33, where the last witness comes from—I saw the prisoner go in and tender the shilling while I was outside—the other one went across the road—as soon as the prisoner came
out of the shop, I went in and spoke to the little girl—she showed me a shilling, which she had in her hand—it was a bad one—I went after the prisoner, and caught him and his companion, and gave them im charge to a constable, to whom I gave the bad shilling—I afterwards went before the Magistrate at Bow-street, when the other one was discharged.
THOMAS HOWE (Police-sergeant, C 21). On 18th November, I received charge of the prisoner and another man from the last witness, who gave me this bad shilling (produced)—he charged him with uttering a counterfeit shilling in Bedfordbury—the prisoner, at first, said he had not been in the shop—he afterwards acknowledged that he had—he gave the name of John Thomas, but refused his address—he was taken before a Magistrate, remanded from the 18th to the 25th and then discharged.
JOHN FRANCIS LOGSDON . I am a shopman at 32, Little Newport-street, a post-office—on 14th January, the prisoner came and asked for half-a-crown's worth of postage-stamps—he put down a florin and sixpenny worth of halfpence—I handed him the stamps, and discovered that the florin was bad—I said to him, "This is a bad one"—he said, "A bad one"—I said, "Yes"—he said, "You don't mean to say so"—I called to my master, and he was given in custody—the florin laid on the counter till Mr. Green, my master, came—he picked it up and marked it.
GUILTY .— Confined Six Months.
DRAPER PLEADED GUILTY.— Confined Fifteen Months.
MESSRS. COOKE and CRAWFORD conducted the Prosecution.
HENRY BLOOMFIELD . I am assistant to a grocer at 72, Newgate-street—on Saturday afternoon, 18th January, Dean came there for a quarter of a pound of tea and some sugar—they came to 1s. 5d.—she put down a half-crown on the counter—I found it bad—I bent it in a drawer—I told her it was bad, and showed it to her—she said that she was not aware of it, that she knew where she got it and should take it back—I gave it her back, and she gave me a good one—I gave her her change and she left the shop—it was about 5 o'clock in the afternoon.
GEORGE BOTTERILL . My father keeps a tobacconists shop at 33, Cheap-side—on Saturday, 18th January, Dean came for a quarter of a pound of tobacco, which was 1s. 3d.—she put down a bad half-crown on the counter—I at once found it was bad, bent it, and gave it back to her—she said she knew where she got it from—she then gave me a good half-crown—it was between 5 and 6 o'clock—that is not a great way from Newgate-street.
FREDRICK CHANDLER . I am assistant at Messrs. Todd and Procter's, cheesemongers in St. Paul's Churchyard—I was serving in the shop on Saturday evening, 18th January—Dean came in and asked for a half a pound of fourteen-penny butter—I served her—she tendered a bad half-crown—she put it down on the counter—I observed it to be bad and broke a piece off of it—she seemed very much surprised, said she knew where she
got it from and would take it back—she gave me a good half-crown then—I gave her the change and she left—I had occasion to go out into the street immediately afterwards, and saw her in company with the prisoner Draper—they were standing in a passage in Ludgate-street, about 100 yards distant.
COURT. Q. Did you see her join Draper? A. No—I immediately crossed the road and gave information to Sergeant Montague—it was about twenty minutes to 6 in the evening.
HENRY MONTAGUE (City Police-sergeant, 28). I was on duty in Ludgate-street, on the 18th—in consequence of what Mr. Chandler said to me, I watched Dean and Draper—I saw them walking together in company—they stopped near the shop of Messrs. Saunders and Evans the drapers, and Dean went in—I saw her come out, cross the street, and join Draper, who was standing opposite, and they moved away together—I went into the shop and spoke to Mr. Saunders—when I came out I followed the two prisoners down Ludgate-hill, and took them into custody at the bottom—they were both talking together—I told them I should apprehend them on suspicion of having bad money in their possession—Draper said they were surprised I should think that—they were taken to the station-house and searched by Mrs. Harrison—at the station Dean gave me a purse containing this bad half-crown (produced), and 3s. 10 1/2 d. in good money—they both gave the address, No. 1, Trinity Church-passage, Fetter-lane,—I went there and found the prisoner Godfrey in the house—I sent Hand, a plain-clothes man, to inquire first—I afterwards went in company with Hand—we searched the house and in a room on the top floor, I found a bad half-crown in the skirt of a dress hanging up behind the door—between the bed and the mattress I found 7s. in good money, and a duplicate for 6s.—on Monday, 20th January, I received a message that Draper wanted to speak to me—she heard the evidence before the Magistrate—they had been before the Magistrate, and had been remanded, and I had mentioned that I had found that half-crown in the skirt of the dress—she said, "It is a mistake to say that it is Dean's room, it is my room that I occupy"—she said, "I consider myself equally as bad as Dean, I carried the pieces of bad money and gave one to Dean when she required one to pass.
Cross-examined by MR. HORRY (for Godfrey). Q. When you went to Godfrey's, did you go accompanied by two others? A. I did—Mrs. Godfrey did not take me up stairs to the room—I know the house—it is the first house out of Fetter-lane—a ten roomed house—there was plenty of furniture, such as it was—we went into the parlours; into every room.
JOHN WHITE (City-policeman, 353). I assisted the last constable in taking charge of the prisoners on the 18th January—I took Draper to the station—after she had been there a short time I observed this bad half-crown (produced) drop from her—there is a piece of it wanting.
JAMES HAND (City-policeman, 360). On the Saturday evening I went to 1, Trinity Church-passage, in plain clothes—I saw Godfrey, and told her that I had got Dean and Draper in custody for having bad money—I told her that we were police-constables, and were come to search her place—she said, "Wait a moment and I will get you a light"—she then went out at the street door, and turned down Fleur-de-lis-court—I followed her—when she got to the end of the court she did not get a light, but took something from her pocket and put it down the area grating—I said, "You have dropped something down that area, which I believe to be counterfeit coin"—she said, "I have not dropped anything down the area"—I gave her in
charge of the other constable, and proceeded to search the area—under the grating I found this parcel (produced); it contains twelve counterfeit half-crowns, two counterfeit crowns, and two counterfeit shillings—I took them back to her house and showed them to her—she said that they did not belong to her—when I first went to the house I knocked at the door, and she came in two or three minutes, and it was when I told her I was a constable that she said she would go and got a light—there was not time for her to go up stairs—she never moved from, the door, but came out in the court—whatever she had was in her pocket at the time she came to the door—when she said it did not belong to her, she said, "I found it in the room occupied by Dean and Draper, and I thought I would throw it away"—I then took her in custody—I had seen Godfrey a great many times before—she is the mistress of the house—I have seen all three prisoners in company at the street door before—I have had my attention brought to the house, by its being a brothel.
Cross-examined. Q. This house is almost at the corner of Fleur-de-lis-court? A. It is at the corner—the area does not belong to Godfrey's house—she went down the court about ten or a dozen yards on the left; as far as that.
ELIZABETH HARRISON . I am a female searcher in Fleet-street—I searched the prisoner Dean on 18th January, when she was brought to the station—I found on her a pair of new stockings in a parcel, some new thread, and some new pins; no money at all—I searched Draper and found four bad half-crowns in her hand, and a bad half-crown, and a two-shilling piece and one shilling in her purse, which was in her pocket—these (produced) are the coins—I found 3s. 4d. in good money on her, and thirteen packages of grocery—butter, a rabbit, boiled beef, and tea and sugar; thirteen packages in all—she carried them in a bag—I found on her 16s. 11d. in a bag in good money—silver and copper; no gold—I searched Godfrey, and found on her 3l. 10s. in gold, good money—it was in a bag sewn to her stays; and 13s. 6d. good money, in a piece of paper in her pocket.
WILLIAM WEBSTER . The whole of these coins are bad—there are twenty half-crowns, two crowns, one florin, and three shillings—the first half-crown is of 1819, uttered by Dean and found on Draper; the next are three half-crowns of 1819, found on Draper, from the same mould as that of Dean's; next there is a half-crown of Draper's of 1837, one of 1821, and one of 1849—of those which were found in the area there are two half-crowns of 1819, from the same mould as Dean's and Draper's; next, one of 1826 from the same mould as Draper's; next are seven of 1837, all from the same mould as one of Drapers's; next are two of 1849, from the same mould as Draper's one of 1849; the remainder are bad.
DEAN and GODFREY— GUILTY .— Confined Eighteen Months each.
MR. CRAWFORD conducted the Prosecution.
at Kensington—on 21st January Coombs came in and asked for a halfpenny stick of chocolate—I served him—Mrs. Weatherley was not in the shop at that time—he gave me a shilling, and I gave him 6d. and 5 1/2 d., in copper change—I left the shilling on the counter where he had put it—when he had got the chocolate he left the shop—I saw him stand looking in at the window for a few minutes—he then came in again, with Foster—Coombs asked for another halfpenny stick of chocolate, and paid a half-penny—Foster then asked for a pennyworth of cough drops—Mrs. Weatherley then came in—she did not serve him, but she took the shilling which he tendered—the shilling that Coombs had first given was still lying on the counter when Mrs. Weatherley came in—she took it up, went to her husband and showed it to him.
ELIZABETH WEATHERLEY . I came into the shop on the 21st of this month, and saw the prisoner's there—I heard Foster ask for a pennyworth of cough drops, and I put my hand out for the money—he gave me a shilling—I saw directly that it was bad—I saw there was another bad one on the counter—I went for my husband, and the prisoners were detained and given in custody—when I had fetched my husband, I said to the prisoners, "You have both passed bad shillings"—they both said they had given pennies and not shillings—Foster said that he did not know anything about it.
Coombs. The lady asked me what I had given. Witness. I did not—you did not say that you had given a halfpenny one time, and a sixpence the other—I gave the shillings to my husband, and he kept them.
CHARLES WEATHERLEY . I am the husband of the last witness—I received two shillings from her on 21st January, and gave them to the police officer, having marked them previously—I charged the prisoners with uttering the counterfeit shillings—they denied having given shillings at all—they said they had given penny pieces, or pence.
MATTHEW RANKIN (Policeman, T 202). I took the prisoners into custody on the 21st, and searched them—on Foster I found a sixpence, and 5d. in copper, in his stocking—Coombs said, "We were employed by a gentleman to carry a portmanteau from Westminster to Kensington, and he gave us 6d. each for carrying it, and we went to buy some sweets; when we came out another gentleman gave me a shilling and asked us if we would go and buy a pennyworth of cough drops; we went and bought them and returned to him with the change"—I received these two shillings (produced) from Mr. Weatherley.
Coombs' Defence. As I was going along I saw a gentleman with a box; he asked me to carry it; it was too heavy for me to get it on, my shoulder. Foster was coming along, and I asked him if he would mind helping me with it; he said "No," and he carried the box with me. We went into the shop to get some sweets, and when we came out, as we were going along the gentleman asked us to go and get him a pennyworth of cough drops, and gave us a shilling. I went in first, and got the change, and then Foster went in. He gave us sixpence apiece. Every time we got him change he put the change in his pocket, and sent us with another.
MR. POLLARD stated that Foster had been in custody in December, on a charge of felony: that both the prisoners belonged to a gang of lads at Westminster, and were believed to be the tools of others.
Sent to a Reformatory School for Three Years each.
MR. PATER conducted the Prosecution.
GEORGE RAWLINSON . I am a warehouseman, carrying on business at 33, Bread-street, Cheapside—I was returning to my warehouse on 16th Janunary, about ten minutes past 4—a boy was at the door, not the prisoner—when I entered the warehouse the prisoner was there—previous to going in I saw a piece of cloth in the lobby of the warehouse—that is not at all a usual place for cloth—I did not know the prisoner at all—I asked him what the piece of cloth was doing outside—he made no answer, but immediately ran out of the warehouse—I caught him in Friday-street, and gave him in charge to an officer in plain clothes—the boy outside was with his foot on the step, in the act of making off with the piece of cloth—the cloth was leaning against the door at first—this (produced) is it—it is my property—2l. 12s. is the value of it—the prisoner said nothing in my presence when taken in custody—when I came out of the warehouse the other boy had gone.
Prisoner. Q. Was I not turning away from the boy when you came up? A. No; you were in conversation with him; not just leaving him—you did not say, "What's this for?" when I came after you.
MR. PATER. Q. You saw him in conversation with the other boy? A. Yes; with my boy Groves, the lad in charge of the warehouse.
WILLIAM GROVES . I am a porter in the service of last witness—in consequence of a ring at the warehouse door I came from the cellar, and found the prisoner in the warehouse—that ring indicated that somebody had come in—when you open the door it rings a bell—I asked the prisoner what he wanted—he asked me if there was any clerk there of the name of Anson or Ansell—I told him no, and he asked me whether I was sure of it—I told him I was—Mr. Rawlinson then came in, and the prisoner ran away directly—we had lost a piece of cloth the day before.
COURT. Q. Between the time you heard the bell ring and the time you got up to him what interval elapsed? A. A quarter of a minute—this piece of cloth had been on a pile in the warehouse, inside the door—you could not see the pile without opening the door—there was plenty of time for anyone to have put it out in the passage—the pile was not above a yard from the door—the moment a person got inside they could see it—it was at arm's length, at the top of the pile, which was about a yard and a half high—he would have nothing to do but to put out his hands and pass it down—he could hear me come upstairs—he could have touched the cloth from where he stood, and the pile.
JOHN HENDERSON (City policeman, 472). About half-past 4 on 16th January I was on duty in Cannon-street West, and saw the prosecutor coming down with the prisoner in custody—I had seen the prisoner before, and I immediately crossed the road and asked the prosecutor what he had him in custody for?—he said, "For stealing a piece of cloth"—I said, "I am a police-officer, I will take him in custody "—I said to the prisoner, "You have heard the charge made against you, what have you to say?"—he said, "It is quite right; I have nothing to say to it"—I found there pocket handkerchiefs on him.
Prisoner's Defence. I met a young fellow going towards Friday-street, and he asked me to go with him; he asked me to go to this shop. I went in, opened the door, and rang the bell, and asked if a man worked there; I forget the name; the boy said he did not work there. The prosecutor then
came in and said something to the boy, and I ran, and they ran after me; I said, "What do you want?" and they took me in custody.
COURT to GEORGE RAWLINSON. Q. When had you last seen it on the pile? A. About twenty minutes previously.
COURT to WILLIAM GROVES. Q. When had you seen it before? A. Ten Minutes—nobody else had been into the warehouse since the time I saw it here.
JURY. Q. Would he be tall enough without a ladder to reach the cloth? A. He could reach it without a ladder—there was no ladder near him; it was as high as that wainscot (11 feet)—he could not open the door without the bell ringing—he must ring the bell first.
GUILTY . †— Confined Nine Months.
OLD COURT.—Thursday, January 30th, 1862.
PRESENT—Mr. RECORDER and Mr. Ald. CONDER.
Before Mr. Recorder.
243. JAMES NUTT (38), was indicted for feloniously omitting to surrender himself to the Court of Bankruptcy, after having been adjudged a bankrupt; also, feloniously removing, concealing, and embezzling part of his personal estate, with intent to defraud his creditors; also, unlawfully obtaining goods on credit within three months of his bankruptcy, under the colour and pretence of carrying on business in the ordinary course of trade; to all of which he
PLEADED GUILTY — Three Years' Penal Servitude.
244. GEORGE BARNETT (19) and JOHN CHASSION (22) , Burglariously breaking and entering the dwelling-house of Samuel Goldsmith, and stealing therein 23 chintz covers, 16 yards of carpet, 1 razor, and 2 blankets, value together 6l. 4s., his property; to which BARNETT PLEADED GUILTY .
MESSRS. COOPER and ORRIDGE conducted the Prosecution.
WILLIAM WILLIAMS . I am a journeyman dyer, employed by Mr. Goldsmith, of 2, Pout-street, Belgrave-square—on Saturday, 14th December, I left my workshop about half-past 5—I left everything quite safe and secure—the window was shut—there was no fastening to it—on the following Monday about half-past 8, I went to the workshop; I found the window open, and some chintz that was hanging to the ceiling on tenter-hooks gone—I had left it there on the Saturday evening—the window had not been open, I should say, for three months—I also missed a felt-druggit that lay folded on the board, two old blankets, and my old razor, nothing else—I know nothing whatever of either of the prisoners—these are part of the chintz covers that were safe on the Saturday night, and this is my razor—the workshop and dwelling-house are connected—the dye-house is a covered way between the two buildings.
CHARLES THURNWOOD . I live at 8, Leipsic-road, Camberwell, and am a cab-driver—on Monday morning, 16th December, between 1 and 2, I was called from my cab-stand by the youngest of the two prisoners (Barnett)—he said he wanted a cab, and I asked where he wanted to go to—he said some street in Westminster—Chassion afterwards came up where I went to take up—they got into the cab—they had two bundles with them—I think Chassion carried the bundles; he carried one—I drove to some street at the
back of the Victoria, Ann's-place, I think, it is in Westminster—they got out and took two bundles with them—I then came over Westminster-bridge, and took up another fare opposite the Female Orphan Asylum—it was a gentleman—I took him to Brixton—that was the only other fare I took—he got out—he did not take out anything with him—I did not see that he took anything in with him—after he got out I found a chintz cover in my cab, which has been produced here to-day—that is the one—I afterwards went and showed police-constable Huddy where I set these men down.
Chassion. Q. Did I speak to you at all? A. No.
COURT. Q. How soon did you see him again? A. I saw him again on the Sunday morning, four, or five, or six days afterwards, in the station-house, with eight or nine other persons—I picked him out as the person I had had in my cab that night.
Chassion. Q. But what made you stand hesitating, before you picked me out, ten minutes? A. I did not want to accuse anybody that was wrong; you had a different hat on when you had the cab, a white felt hat, and you had not that on when I saw you at the station-house—I did not pick anybody else out but you—I did not hear Barnett speak to you first—I cannot say which had the bundles—you had two bundles—you did not call me to the cell after I had picked you out—I passed you—you said it was my fault for taking the chintz back to the station-house, or else it would not have been found there—both of you said so—you were both in the one cell together, and both blamed me for this—at the time you got in the cab you had a white hat on—I know it was you by the same dress you have on now—I had an opportunity of seeing you by opening the cab-door—I opened the cab-door for you both, and saw you get in—there were some gas-lamps about—there is plenty of light in Pont street—it is just against Belgrave-square.
ALEXANDER HUDDY (Police-sergeant, B 2). I received information of this burglary on the morning of 16th—I went into Pont-street, examined the premises, and saw where the entrance had been gained—after a time I found the cabman, and he took me to the entrance of a court known as St. Ann's place—nothing was given to me then—I did not go there again.
MICHAEL JOHN SHEEN (Policeman, B 272). I went to 4, St. Ann's-street, Westminster, to a person of the name of Mary Ann Pike, who keeps a lodging-house there—two pieces of chintz were handed to me by her—they are the same that I have produced to-day.
MARY ANN PIKE . I live with my brother at 4, St. Ann's-street, Westminster—he keeps a grocer's shop, and has several lodging-houses; among the rest, 10, St. Ann's-place—I remember two females who occupied rooms in No. 10—I do not know their names—they were there on 14th December—they left on the Thursday before Christmas, and the next day I went up into the room—I there found some bits of rag, and among them a piece of chintz, which has been produced here—I gave it to the policeman on the Monday morning.
GEORGE MAXTEAD (Policeman, B 77). I know Chassion, and know 10, st. Ann's-place—I have known him to use that place on 14th December and before that—I have seen him going in and out there—it is my beat.
Chassion. Q. What was the first time you ever saw me go down there? A. I noticed you go down there with Barnett several times—you were a stranger to me when I first went on the beat—that was three weeks previous to this—I saw you going to 10, St. Ann's-place a fortnight, before that—I noticed you together, and I made some inquiries about you, and through
that and what I had heard I noticed you going there on several occasions—I have only seen you going there, I know you went into the room.
MR. COOPER to MICHAEL SHEEN. Q. I believe you took Barnett in custody? A. Yes, at 47, Old Pye-street—I found this razor in hit room.
SUSAN CLINTON . I am the wife of Richard Clinton, and lived before Christmas in the lower room at No. 10, St. Ann's-place—on 16th December two young women occupied the upper room at No. 10, over me—on Monday morning I saw two men go out of that house—I do not know the prisoners—I cannot tell you what kind of men they were—I was lying in my bed when they passed—one was a tall one, and one a short one—they had a bag with them—this was between 6 and 7 on the morning of 16th, on the Sunday morning, the day before, about 2 o'clock, I heard a cab drive up.
COURT. Q. Did you see any men come out of the cab? A. I heard the cab; I could not see it, and then heard the footsteps of two men come into the house.
SARAH OLIVER . I live at 2, St. Hermann's-hill, Broadway, Westminster, and am an unfortunate girl—I know the two prisoners—on 16th December I was lodging at 10, St. Ann's-place in the upper room, with another girl named Jessie Simms—on Monday morning, at 2 o'clock, the prisoners came and knocked at my door—they brought two bundles of chintz, similar to that produced—Falkner slept there—I call the little one Falkner (Barnett)—Chassion went home to his own place—it was about 3 o'clock when he left—he came back again next morning between 8 and 9, and they both went out together—they did not take anything with them—they brought the man that bought the chintz back with them—Barnett gave two pieces of chintz to Jessie Simms.
Chassion. Q. Are you perfectly sure it was me that came into the room along with Barnett? A. Yes, I am quite sure it was you, because I have seen you several times before in the same room—I know it was you; you had got the same dress on as you always had when you came there, and if it was not you, you would not go back to where you always sleep in Pye-street; but you did go there to sleep with Polly Atkins—I cannot say whether it was dark or light, because I did not notice—I am quite sure it was you.
JESSIE SIMMS . I live at 12, Union-place, Orchard-place, Westminster—before Christmas I occupied an apartment at 10, St Ann's-place—the other girl lodged with me—at 2 o'clock on this Monday morning, the two prisoners came there, they brought two bundles of chintz with them like that which I have seen—they took it away on the same morning—they went away together—two pieces of the chintz were given to me by Barnett—when I ceased to occupy the room I left some pieces of the same chintz, that were not required, behind.
Chassion. Q. Are you sure it was me that came with Barnett? A. I am quite sure, because you came to the bedside and spoke to me—I cannot exactly recollect what you said—you were going to stop there that night but you went away again—you have often sat there with George—I am quite sure it was you—I knew you quite well; if it had been a stranger I should not have been so positive—I could not say where you got the property from—Barnett was not stopping with me at the time—he came backwards and forwards to the place—he was not stopping there altogether—he was living with Mary Hathbone at the time, at your place—I told you to take the things out of my place.
The attention of the Court was directed to the fact that in the 51sec. of the
recent Act which related to burglary, the "night time" was not defined, and that it would therefore be necessary, at that statute repealed 1st Vic, to go back to the old Common Law definition, from sunset to sunrise MR. COOPER referred to the interpretation clause of the New Act, which stated that for the purposes of this Act night time should be deemed to be from 9 o'clock in the evening until 6 in the morning; and he submitted that would be sufficient, although the night time was not defined in the enacting clause THE RECORDER was of opinion that the definition in the interpretation clause was sufficient.
CHASSION— GUILTY . **— Three Years' Penal Servitude.
BARNETT was further charged with having been before convicted in March 1861; to which he
PLEADED GUILTY. *†— Four Years' Penal Servitude.
NEW COURT.—Thursday, January 30th, 1862.
PRESENT—Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. ALLEN; Mr. COMMON
SERGEANT; and ROBERT MALCOLM KERR, Esq.
Before Mr. Common Serjeant.
MR. ORRIDGE conducted the Prosecution.
JAMES BUGBEE (Policeman, K 140). On Thursday morning, 2nd January, between 5 and 6 o'clock, the prisoner came to the Wapping police-station, and said to me, "When I got up this morning I found my wife dead, and I expect I shall be locked up, for when I went home last night I found my wife drunk, and nothing provided for me, and the fire out; I had a few words with her; I struck her and knocked her down, then I went to bed, and when I got up in the morning I found her dead"—I went with him to the house where he lived; on the first floor I saw a woman lying on the floor dead, with her head against the wall, under the window—she was dressed—I then went to Mr. Ross, the surgeon—I did not take the prisoner in custody then, but I did at the commencement of the inquest.
Cross-examined by MR. RIBTON. Q. Was it a large room? A. No; very small, it is on the first floor—the door opens to the left when you get up stairs, and the bed was behind the door—the head of the bed was towards the window, and the foot towards the door—the window is not directly opposite the door—the end of the house towards the other house is opposite the doorway—there is a fire-place in the house in the end of the court—the bed was close up to the window—the side of the bed was about six or seven feet from the fire-place—two or three paces—I found the woman lying under the window, her head was parallel with the bed, her feet were under the side of the bed, and her head was five or six feet from the bed—she was over five feet high—I make her head four feet from the bed—nobody saw her but me—I did not disturb the body—there was a table by the fire-place, on the right hand side right opposite the door—it was a tent bedstead about two feet from the ground—her head was close to the wall—her limbs were stretched out.
MR. ORRIDGE. Q. Did you disturb the body. A. No; Dr. Ross found it exactly as I did.
St. George's—I know the prisoner, he lived at 6, New-court, right opposite me—on the night of 1st January, I heard a row at a little part 10—I stood at my door and heard the cry of a woman and of a child, at the same time, in the prisoner's house—I could not exactly tell what room it came from—I heard a blow at the same time as if something had fallen against a table—I did not see anyone come out of the house, but I heard the woman scream after the blow was struck—I returned into my room, and afterwards heard somebody come down stairs in that house—it is a very narrow court.
Cross-examined. Q. Was the first noise you heard something knocking against the table? A. No; the first noise was the cry of a woman—the only persons in the house are the prisoner and this woman, and two children whom he takes care of and who were sleeping in the same room—I have said before that I heard the cry of a child—what I heard was as if a person had been shoved—it was a fall against a table that I heard, it was like as if a person knocked against a table—I had known the deceased six or seven weeks—I never saw her drunk—I never saw her out late at night—I have known the prisoner for some time—nobody was in bed at my house I did not call any one, but I said to my husband, "There is a row over the way"—what I heard, appeared like a person coming down stairs—our house if No. 1, and the prisoner's No. 6—No. 5 is not so nearly opposite our's as No. 6—I did not go to bed that night as my little boy was very ill—I heard what had happened at half-past 5 in the morning, his sister came and told me.
MR. ORRIDGE. Q. When you to your husband that there was a row, I suppose you did not know that a woman had been knocked down? A. No.
Prisoner. There was only one child sleeping in the room, my mater's boy.
ANN CUNNINGHAM . I live at No. 4, New-court, two doors from the prisoner, on the same side—on 1st January, I was sitting by the fire; it was getting on for 10 o'clock, and I heard a very heavy cry in the prisoner's house it was soon over—that was a little after 10—then there was another cry—I did not hear anything between a man and a woman—I went to the door to see where the sound came from, and I heard, an "Oh!"—I heard no more than that—that came from the prisoner's house, the door opposite Mrs. Johnson's—the prisoner came downstairs—he was talking and jawing about and stepped his foot on the door step, and I immediately turned in and saw no more of it.
Cross-examined. Q. Had you known the deceased woman? A. Yes; about ten or eleven years—I never saw her drunk—I did not see enough of her to say whether she was given to drink—I was never much in her company—I used to see her occasionally; sometimes of a morning going past my window, and perhaps in the middle of the day, if I went on an errand, I might meet her—I was not on intimate terms with her—I never spoke to her but twice—I only know her by seeing her.
WILLIAM ADAMS . I live at No. 3, New-court—I was passing down the court from my work at a few minutes after 10 on Wednesday night, 1st January—a man followed me behind—I heard him say, "I will do for her"—I turned round and saw the prisoner, by the gaslight, go into No. 6—I was then twelve or fourteen feet in front of him—I went indoors, had my supper, went to bed, and saw nothing more of him.
Cross-examined. Q. How far was he from you? A. I should think about twelve or fourteen feet—I never measured it—I have known him about two years—I knew the woman, but was not so intimate with her as with the
prisoner—I have drunk with her—I have seen her a little the worse for liquor—I have seen her two or three nights a week in liquor, along with the prisoner—I went to bed and went to sleep, and never thought any more about it—I cannot say whether he was sober—I know there never was a quieter man—I have known him nearly two years—he pulls down old houses—that is what I believe he has been used to doing—I have known him to be a very hard working man, also an honest, quiet, comfortable, well conducted man—I am quite positive those were the exact words—I did not hear the evidence given before the coroner—I do not know what account the prisoner gave to the policeman—I was never told how the woman came by her death—I heard she was dead—I do not know that I have ever asked how she came by her death—I heard next day at dinner that she was found lying dead—I gave my evidence before the Coroner—I did not hear the other witnesses examined—I have never from that time to this had the curiosity to ask what were the particulars of the case, or how the woman came by her death.
MR. ORRIDGE. Q. Since you gave your evidence, have you heard how she came by her death? A. I have heard it spoken of.
JOHN BROWN ROSS . I am a physician and surgeon of 156, High-street, Shadwell—on 2nd January I was called in by the police-constable, Bugby, to No. 6, New-court, St. George's, between half-post 5 and 6 in the morning—I went into the first floor, and upon entering the room, found a woman dead, lying on the floor—she was dressed—her clothes were not at all disturbed—she had a graze on the forehead as from a fall—being a very dark room and early in the morning, I was unable to observe any other marks of violence—the rest I found out from the post mortem examination.
COURT. Q. Was she on her back? A. Yes, and her head was under the window, rather on the fire-place side of it; it was a little room—the prisoner was in the room—he said, "I have been out two days and one night at Bermondsey, at work pulling down old houses, and when I came home last night there was no fire, and nothing prepared for me; she then called me names, and I struck her, and she fell first against the window-sill and then on the floor; I then went out, returned shortly, got into bed at the foot, and went to sleep, then I got up in the morning at 5 o'clock to go to work, and I trod on her back"—I think he used the word "deceased"—he said, "I then fetched her sister, and then went to the police-station"—the following day I made a post mortem examination of the body—I found a graze on the forehead, a graze on the left cheek, two small bruises on the left side of the head above the ear—on opening the head I found the brain congested and an infusion of serum into the ventricles—on opening the chest I found the heart very much diseased, the liver congested, the viscera healthy, and the whole of the body remarkably fatty—there were fatty deposits in the heart as well—when I had made that examination, in my opinion the immediate cause of death was disease of the heart, accelerated by the blow or fall—person with such extensive disease of the heart would be in a precarious state at all times from any shock or exciting cause.
Cross-examined. Q. You say disease of the heart, accelerated by a blow or fall; suppose you had heard nothing of the transaction from anybody? A. I did not hear anything of it—I heard nothing of it at the time—I heard the man's statement, but I am not going by what he said.
Q. Supposing you had merely seen the body in the position in which it lay, and examined it, was there anything in the body, taking into consideration the position it was in, inconsistent with the notion that she died from
natural causes? A. Yes; the two little bruises on the side of the head which seemed to me to correspond with the knuckles—this is not the first time I have mentioned the knuckles—I believe it is in the depositions—I said so before the Magistrate.
Q. There is not a word about the knuckles? A. I said so.
COURT. Q. You were not cross-examined before the Magistrate, there was no cross-examination at all? A. I said so to the chief clerk.
MR. RIBTON. Q. Supposing you got rid of those marks on the head was there anything inconsistent with death from natural causes? A. Certainly not—the woman had her natural hair, a pretty good head of hair—she was an unhealthy woman altogether—it was not thin at all, but it was not a good head of hair; it does not follow that because it was not thin, it was a very good head of hair—I found the appearance of knuckles upon making the post mortem examination, on the side of the head, on the scalp, not on the bone—I did not find it through the hair—I shaved the hair off and found the two bruises on the scalp—I cannot say that they were not the result of her head knocking against something—I do not presume to say so—I I paid it was as if from the knuckles; they were close together—I cannot say that it was not the result of a fall—from the state I found her heart in she would be liable to sudden death at any time—the heart us not ruptured; it sometimes is, but it was not in this case—there is no doubt that the immediate cause of death was the disease of the heart—any excitement which would impede the heart's action would cause death, especially to a person in her state, taking the diseased brain into consideration—her brain was congested, or it would not have been so when I saw it—I should say she was accustomed to drink—I should say she was not drunk the night before, because there was a small quantity of beer in her stomach—I am not able to say what quantity she had been drinking during the whole of that evening—she had just had a hearty meal—I know that from what I saw in the stomach—I should say she was not drunk the night before—she had had beer; I cannot say what quantity—there was no giving way of any of the muscles of the heart—it was from fatty degeneration, with fluid in the pericardium—any exciting cause would have produced death—the heart ceased to move; stopped—any sudden quarrel, or words she made use of, or excitement of any kind; would produce that—upon the action of the heart ceasing, from any of those causes, she would of course tumble down, and receive bruises in the fell—there were marks of a fall—the bruises were caused either before death, or immediately afterwards—if it was a few hours afterwards there would be no difficulty in telling that—I saw the body lying on the floor—the head was near the window—she was a woman of about 5 feet 2 inches; I should say her head was about 4 feet 8 inches from the bed—the feet were under the bed—it was a small room; about 11 feet by 9, I should say, as near as I could guess.
MR. ORRIDGE. Q. You have spoken of some grazing and some bruizes; were they of a distinct character? A. The grazes on the forehead and cheek were done by a distinct fall; the others were done either by a blow or a fall—the position I found the body in would account for those grazes.
GUILTY .— Confined Twelve Months.
MR. RIBTON conducted the Prosecution.
THOMPSON HENRY JOHNSON BROWN . I am an architect and surveyor, of 2, Robert-street, Adelphi—I have known the prisoner since 1858—he has been in my employ since September 9—his salary was two guineas a week—his employment was to superintend certain buildings in Bennett-court, Drury-lane, in December last—he told me in December that the joists of the houses were in a very ruinous condition, and wished me to come and inspect them; he said that they must be reinstated directly with new joints—I went and looked at them, and came to the conclusion that the joints must be entirely reinstated, and gave him instructions to estimate what the timber would be which he should want to finish the house: he handed me this statement (produced)—it is in his writing—he said he thought it would come to about 5l., and I cast the amounts up and thought it would, upon which I sent him this cheque (produced) on 6th December, for the purpose—it is crossed—I gave it to him with the understanding that he was to pay it to Mr. Putney, of Elm-street, Gray's-inn-lane—he told me he had been there and looked at the stuff—this is his signature on the back of the cheque—he called on me the same evening; and said that he had paid 6d. more than the amount of the cheque—he produced the invoice, and I gave him the 6d.—I asked him whether the goods were delivered, and he said that there was some sawing to be done, but he could not tell what it would amount to, and the following week I was charged 1l. 4s. 6d. for the cartage and sawing, which I paid—I kept the invoice—it is the same date as the cheque, and is now in exactly the same state—he told me that the timber was delivered, but I have since ascertained, by information, that it was not—I do not know of my own knowledge; I took his word that it was.
Cross-examined by MR. METCALFE (with MR. ORRIDGE). Q. I believe this invoice is made out to him? A. Yes—I asked him why that was; he said that it was a mistake—this writing at the back, "Robert Dolling, carman to Mr. Putney," is mine—I had no idea that it was on the back of that particular invoice—I am not aware whether the prisoner bought timber at all of Putney—I know he has done so since this date, but not before; not previous to that day.
Q. Did he, on 14th December, ask you to lend him some money to pay Mr. Putney for some timber that he owed him? A. Not that he owed him; that he intended to buy of him—I did not, at the time this was bought, take an I O U of him for this cheque—I positively swear that—he has not paid me money of any kind—I have paid him—I went through the Bankruptcy Court in 1859—the prisoner was not my petitioning creditor for so much as 70l.—I think it was 52l.; I cannot swear—I do not know anything as to the state of the affairs—I was informed by the solicitor's clerk that there was a considerable sum in hand over and above what the creditors claimed; I understood the debts proved were 62l., and that the cash in hand was 125l. or 225l.—I mean to say that not a farthinghas been paid yet—I think the prisoner's debt was 52l.—I will swear it was not 70l., and there was a debt of about 12l. also—I had been insolvent before that—I did not make inquiries whether I paid anything then—it was in 1855 or 1856—I am forty-two—I commenced business about 1840 or 1841—I still do not know whether anything has been paid or not, though I have been told that there are plenty of assets—I really do not remember whether I have had any other insolvencies or bankruptcies—I do not remember any dates or any particulars—I have also been in business at Oxford—I had a very good business there, and I have a good connexion
there now, but I had a better business in London—I left Oxford in 1851 or 1852—I never was in Birmingham in business—I was many years connected with the London and Birmingham Railway—I did not take the benefit of the Act in Birmingham, nor did I compound with my creditors there, or in Oxford—I have not that I remember, compounded with my creditors besides my bankruptcy and insolvency—there were not half-a-dozen times besides that I am aware of—I have on a great many occasions been at plaintiff or defendant, in some of which I have been worsted, and some the reverse—I did not once have my books and papers detained in Court by Lord Campbell.
Q. The Times is a very careful reporter; does not Brown mean you? A. Yes; and Bradley was a man who had given me a bill to get discounted—I brought an action upon it for 40l. odd—I have no doubt that I swore on that occasion that I had paid Bradley 39l. on that bill—I will not swear whether I produced the receipt or not.
Q. Do you mean to say that that document could have been produced by you, and disbelieved by the jury, and impounded by the Judge, and you have forgotten it? A. I do not know what I produced—I produced certain receipts from Bradley, to show that I had paid him money; I will not say upon that transaction—I got into the box and swore that they were genunine—I produced my books and documents—I got all my books out of Court—I had a bill of exchange, and I think there were one or two receipts, for which application was made to be impounded—I think Lord Campbell tried the action—there was an application made to impound them, and I know that they were impounded, but I did not know it at the time; I was informed of it afterwards—I never heard till to-day, that the jury, after inspecting the documents, said that they were evidently concocted—I did not hear Lord Campbell immediately give directions that I should not leave the Court—I was not charged with forgery in 1855, nor in 1854—Mr. Hawkins preferred a charge, and the inspector would not take it—I think it was in September, 1856—I cannot remember that of which I have no knowledge—I never asked Mr. Hawkins for any paper signed by Mr. Parkes except bills of exchange.
Q. Did you tell Hawkins that you had paid money to Parkes upon those bills? A. I do not choose to answer questions upon that matter, because at the present time I am plaintiff against Hawkins in an action for that very matter, and therefore I shall not answer—I was discharged by the Magistrate, who said that he did not believe him upon his oath—I remember that because it only happened on 13th January this year, and he gave me in custody for the sole purpose of prosecuting this man,—the inspector would not take the charge in 1856—I have been charged twice by Hawkins, three, four, or five times on the same document—I brought an action against Hawkins in 1857—I do not know whether Hawkins said that it was true that I had committed forgery—he got out of the way, and turned up in Whitecross-street prison—I do not know whether he said that I had committed forgery—I do not know what pleas were put into my action, I am not a solicitor—I believe we gave notice of trial, I am only stating my belief; if Mr. Lewis, the solicitor, was here he could tell you more plainly—he would not let the matter go as an undefended action, and it was set down in the Secondary's Court, and he took out a summons to show cause why he should not be allowed to appear—he obtained leave to appear; by saying that it was the fault of his attorney, Mr. Clark, of Bedford-row; I will not be too positive; and having been served with a declaration, I believe they took out
about nine successive summonses to obtain leave to plead, under the plea that there was a material witness absent from the country—they obtained leave, and when we were ready to try the case, Mr. Hawkins was not to be found—I know nothing about what the pleas were; I knew nothing about them—although I know of things about the summons and the declaration, I mean to say that I do not know whether this man pleaded that I had committed a forgery—the action has never been proceeded with, because Hawkins went through the Insolvent Court—I think he has made four charges against me since upon the same document, and the last time Mr. Mansfield ordered him out of Court, and ordered me to be discharged; and I had to appear against him on the 13th, at the Middlesex Sessions—I know Mrs. Bennett, I lodged with her—I charged her on November 9th, 1855, with stealing some of my things—she was taken before the Magistrate—I cannot remember whether the servant appeared as a witness.
Q. Did she not say on the second occasion, when cross-examined, that she had been induced by you to make the charge? A. I never remember hearing her make such a statement, nor did I ever hear of it till two years ago—I know the servant was a witness in the case; and she was taken by Mr. or Mrs. Bennett and kept for a whole week, and then contradicted on the second statement, what she had said on the first—they never brought any action against me for false imprisonment—I had not been through the Insolvent Court then—I went through in 1856, but that is not 1855—I know the girl made some statement—I only read a report of it afterwards, in one solitary newspaper—I do not know that the girl made that state ment; I only know I saw something of that sort in print, that I had induced her to make that statement against the landlady—I do not know that I have done a very great deal in bill transactions—I have done a very little—I do some sometimes.
Q. And occasionally you have disputed them have you not; a bill in 1861 drawn by Bragg, and accepted by you: and upon Mr. Pullen, the attorney, making a request for payment, did (you tell him that that bill was a forgery? A. I told him no such thing—if you will give me my bag I will show you what I did say—my chambers were at 2, Maddox-street Adelphi, at that time—I am going to read from a letter addressed to C. A. Pullen, Esq.—I never write a letter without taking a fac simile—(MR. RIBTON objected to the contents of the letter as irrelevant to the case)—I told Mr. Pullen that if he had any bill of mine dated 3rd July, for 40l., it was a forgery, for I had never accepted any such bill—I disputed the bill, and an action was brought—I did not ultimately pay the bill and costs—I have never paid the plaintiff a shilling—I insisted upon having a bill of 5th July—I did not before the trial was coming on, pay the amount of the bill and costs to anybody, net upon any bill of 3rd July—I agreed to pay something for the costs—there was no such bill as that due, upon which Mr. Pullen brought the action, and they withdrew the Record, as one of the endorsees had advanced the money—I paid 20l.—I agreed to pay 30l., but I only paid 20l.—I have not paid any costs—I demanded the return of my acceptance; it was for 40l.—I do not know Mr. Gale, a baker, personally—I never called a cheque of mine for two guineas which he held, a forgery; it was dishonoured because it was obtained from me by fraud.
Q. After it was dishonoured did not he bring it to you and demand the money? A. I do not remember ever seeing Mr. Gale in my life—I do not remember anybody bringing it to me—I had a letter from a solicitor saying that if I did not pay it they would commence proceedings against me—
I never thought, or hinted, or said that it was a forgery; I could not—I believe a person called upon me about it, and I said, "That cheque was obtained from me by fraud, and I shall not pay "—I charged the prisoner first with obtaining money from me by fraud, charging more wages than he paid—that was investigated by the Magistrate, and after that I preferred this charge—I did not know of it at the time—I believe the Magistrate after that admitted him to bail—I do not know that while he was out on bail, he complained that I had forged his name—I never heard him—I mean to say that I do not know that he went, when he was out on bail, and applied for a summons against me for forging the document that I produced—I heard he made some statement of the kind to Mr. Henry, who refused to entertain the charge—I did not, after he had made that charge, prefer the charge of forgery which is to be tried—it was long previous to the man getting out on bail—I knew of the forgery first—I cannot answer the question whether I preferred the charge of forgery against the prisoner after he had been to Mr. Henry to prefer a charge of forgery against me, because I do not know at what date he went to Mr. Henry—it was preferred after I heard that he had been to Mr. Henry, but it was being investigated long before by me—I do not remember the date that he was given in custody for the forgery—if it was 8th January I knew of it on 30th or 31st December; but I did not give him in custody on the charge of forgery, because I was advised not to do so, until after the indictment had been preferred at the Middlesex Sessions—the indictment was preferred on the Tuesday—I am architect under the Society for Improving the Dwellings of the Poor—it was about 16th or 17th December that I first knew of the other charge I preferred against the prisoner, of demanding more wages than he ought
Q. I have your deposition before me, and I know what you stated. A. You have no deposition of a previous date, you ask me when it came to my knowledge, and I tell you exactly, it came to my knowledge on Tuesday, 17th December; I can now speak positively, I knew nothing whatever about it till 17th December about noon—I swear that Mr. Bosanquet called me into his office on 17th December, and then I found that the prisoner had been falsi fying his accounts the whole time he bad been with me—it was not until 17th December that I knew anything about his obtaining money by fraud—it is not true that on 2nd November J spoke to the prisoner on the subject, saying that he had charged more than ha had paid the men—I spoke to him on 18th December, and asked him what explanation he could give—it is not true that I spoke at all about it in November—I knew nothing about it till December—I receive from the Society the money that I pay to the prisoner—I have not got it, because I have always received money from the Society as I have asked for it, and I hare paid him myself—I claim the money I expend, from the Society—I am not aware that the Society is prosecuting in this ease; how can they prosecute the man for embezzling my money?—Mr. Bosanquet spoke to me about it—he is one of the Directors, and the Secretary—when he told me of this fraud I said that I had that high opinion of Brittain that I did not believe there was a word of truth in it; but when he produced eleven instances I said I should let the police interfere—I gave the man in custody for stealing my things, but not for stealing the Society's things, which they alleged that he had done—Mr. Bosanquet's charge was two-fold; first, for stealing old bricks and stones; and also for falsifying his pay-sheets, and thereby getting money by false pretences—I have heard that the Society are, at this moment, assisting in his defence; but I can show you a letter from Mr. Bosanquet, saying that if the prisoner or his wife have said such a thing
it is untrue—I see Mr. Bosanquet sitting there in Court—I had some witnesses up at the Middlesex Sessions, Curley and Davis—they bare been at my house repeatedly since this matter to get their money—I really cannot answer whether they have come to get their money on a Sunday or not—I cannot answer what I do not know—I do not remember their calling on a Sunday—I do not know that they were brought to my house on Sunday 22nd December, two days after the prisoner was takes in custody, but somebody called for the key of the works—I do not know who it was; it was one Sunday evening, by my directions—I cannot swear whether I saw either of those men at my place on 22nd December, because I do not remember—I really cannot tell you whether they came to my chambers on Sunday the 22nd or the 29th, because I have not the most remote idea, I know one man called on a Sunday to receive the key of the works, by my directions—I really do not remember that he called to talk over this matter—Curley and Davis did not go by my directions to rake out the ashes, I gave them orders to clean out the office, it being in an untidy state—I think that was 10th January; I said, "Clear up the place, and if you find any papers let me have them; "they asked me what they were to do, and I said, "Go and clean the place up "—that was shortly after the prisoner was in custody—it was 10th January—that was one of the days that I was up at the Middleser Sessions—I went up by the direction of my solicitor, and the men were there too—I think I went in about an hour afterwards—I was with Mr. Abrahams for an hour—I had not been to the place to rake it out before I went to the Court, not to rake out any place—I did not rake about the ashes—I sent Groombridge to tell a man I wanted to speak to him—I was in the office with him, and told him to go and tell a man that I wanted to see his master—I was then in the yard, not dost to the office—I complained to Groombridge of the untidy state of the office, and the men said, "What shall we do and I said, "Go and clean the office up, and if you find any papers, bring them to me "—I did not tell them where they were likely to find any papers—I went in in the course of my busineas, and Groombridge was ther standing at the desk—he said that they had found some papers—he was calling the prisoner all sorts of bad names—Kirly and Davis told me that they had found some papers, but Groombridge showed them to me—I do not know whether Curley and Davis were in the place at the time, but they both told me they had found some papers—before this search I had asked the prisoner's son for the key of his desk; he said he had not got it, and I had it forced, but it was not the prisoner's desk—I won't say whether it was Groombridge, or who it was that I employed to force it—on my oath, I did not break it myself, I told one of the men to break it open, either Groombridge, Curley, Merton, or Davis, as the prisoner's son had been there just previously, and had taken away a quantity of books and papers—the prisoner had engaged and discharged Curley and Davis—he paid them some wages, not what he charged me for them—I think they had both been discharged by the prisoner before any charge was made—I took them on again after the prisoner was taken—I am not employing them still—they have not been in my employment for a fortnight or three weeks, all the men were discharged by order of Mr. Bosanquet on 14th January; he stopped all the works, and I commenced an action against the (Company—Mr. Abrahams, of Bow-street is conducting this case for me—how do I know whether he is a solicitor or not; I have always understood that he is—I can tell you a very large list of solicitors whom I employ—I will tell you who is conducting the case against Mr. Hawkins, Messrs. Lewis & Sons, of Wilmington-square; but in
this case Mr. Abrahams, this gentleman, is my attorney—I was never charged with making any alteration in the writ as to the bill which Mr. Pullen speaks of in September, 1861—I tell you who defended that action, Mr. George, of Sise-lane—no one ever said in my presence that I had altered the date of the copy of a writ; if you had given me notice I would hare produced the original letter—there was no alteration made by me of any kind—I never accepted a bill of 3nd July—I did on the 5th; I admitted it—I never remember hearing anyone say that I had altered the writ from the 5th to the 3d—if it was said I think I should hare remembered it
MR. RIBTON. Q. You were asked about the writing on the back; just tell us under what circumstances those names came there? A. I went with Sergeant Holmes, in consequence of information of the non-delivery of the timber at Mr. Putney's yard; and there made inquiries of Mr. Dolling, who is Mr. Putney's clerk; and these are the names of Mr. Dolling, and Mr. Allum, Mr. Putnay's carman—I took their names and addresses down on the back of the invoioe, in consequence of information I received at Mr. Putney's they are the witnesses in this case—Mr. Hawkins preferred a charge of forgery against me about 7th December, 1856—the inspectors would not take it either at Bow-street or Marylebone-lane—I was not summoned upon it—I was walking up the Strand and he met me—I think it was 7th December, and he said, "Are you going to pay those bills?"—I said, "No"—he said, "Well; I mean you to pay them; I said, "I shall not; I have been discharged by the Insolvent Court, and shall do nothing of the kind; "he said, "I will charge you with forgery:" I said, "Do if you like" and at the corner of Catherine-street and Exeter-street we met a policeman; he said, "Take this man for forgery;" I walked to the office, and the inspector refused to take the charge, I walked out and he followed me, and gave me is custody again, took me to Marylebone-lane, and preferred the same charge against me—the inspector told him to get his witnesses; he got two witnesses who swore that the writing was not in Parkes hand; but in the mean time Superintendent Hughes came in and said to the inspector, "No charge can be sustained on this; let the man go;" and I was discharged—be did not apply again; but he followed me and hounded me through the streets—I had an action against him then for fake imprisonment—he went out of the way, and I never saw him again till he turned up in White Cross-street prison, two yean afterwards—he brought a charge against me on the 11th of this month; be fetched a policeman and gave me in custody on the same charge which he had made in 1856; I was walked through the streets from Lincoln's-inn down to Paddington, and incarcerated for forty hours; and the Magistrate, Mr. Mansfield, ordered me to be discharged, ordered the documents, to be impounded, and ordered him out of Court, saying that he did not believe him on his oath—that charge was preferred against me after I had brought this charge against the prisoner, and he said he would spend 100l. to transport me before I should convict the prisoner—I do not know that he is a friend of the prisoner's; but he has been active in getting up his defence—Mr. Bosanquet engaged me in February or March last as an architect in reference to this property, and the prisoner was employed under me—I first obtained information as to falsifying the accounts on 18th December—Mr. S. Bosanquet, the secretary of the Company, and his cousin, Mr. C.T. Bosanquet, gave it me—they made an appointment with me to be at their chambers; and he said he did not know whether I was aware that some of the men had made charges against the prisoner for falsifying the pay sheets, and also with not supplying
them with refreshments which he had allowed; and that he had charged for it without their receiving it; and that ha had had a quantity of goods manufactured out of materials supplied to me, for the purpose of office fittings, and they had been fixed in some office in Bedford-row; and that a quantity of bricks had been removed, and stoves also—I replied that I did not believe there was a word of truth in it—I began, in consequence, to make inquiries—I did not summon him to the police-court—I gave him in custody two days after the conversation with Mr. Bosanquet—I spent those two days in making inquiries, and had the assistance of the police—his desk was broken open after this charge—I charged him with falsifying his accounts, charging me so much a day, when he paid less—three cases were gone into at that time—he was remanded—he was sot represented by an attorney at that time—after the remand he was committed to take his trial—Mr. Bosanquet attended with me at the police-court—I have brought an action since against Mr. Bosanquet—that accounts for his being on the other side now—it is for conspiring with Hawkins and causing me to be arrested on a false charge—I think it was the day after the prisoner was committed on the charge of false pretences that the desk was opened; no, it was after he was given in custody, before he was committed—I went to pay the men, and asked who had got the keys; the sons said they had no keys, and I ordered somebody to break the desk open—it was after he was given in custody that I discovered about this case; but I was not quite sure of the facts till after he was committed—I made inquiries of Mrs. Putney and found what I have told you—I first ascertained the forgery on 30th or 31st December—that was after he was committed—that was investigated before the Magistrate, and the prisoner was remanded twice—he was not represented by an attorney, and the Magistrate sent it here—when I was first of all applied to, to pay a bill accepted by me on 3rd July, I declined to pay it, not having accepted any bill on that date—my reason for not paying the cheque for two guineas to Mr. Bragg, was because he had defrauded me of a sum of money amounting to 100l., and I never gave it to him in my life—the cheque which was said to be dishonoured is one which I did not pay because it was obtained by fraud—the fraud was that Bragg came and obtained a bill from me for 40l. saying that if he had that bill he would give me back a bill for 38l. 10s.—he did not do so, and I sued on it, and refused to let him have the two guineas—I did not give him in custody for the forgery—I believe he was given in custody by the direction of Mr. Mullens, solicitor of the Banker's Association—Mr. Abrahams is, I believe, clerk to Mr. Atkinson—he is my attorney in this case.
MR. METCALFE. Q. Was not Mr. Putney's man at Bow-street when the first charge was investigated? A. He came immediately after the prisoner's attorney had left; and therefore we did not think it right to go into the charge that was on the second occasion.
ROBERT DOLLING . I am foreman to Messrs. Putney, timber merchants—I have known the prisoner some little time—he came tome in the early part of December and asked whether I had some twenty-four feet battens—he said he wanted them for some joists for Mr. Osborne, of Notting-hill, I think—he did not tell me who he wanted them for, or who sent him—he purchased twenty twenty-four feet battens, and three seventeen feet ones—the amount of the invoice I gave him was 4l. 8s. 6d.—something else has been added here since I gave him the invoice—he paid the money—I am not certain whether it was in cash or a cheque—it was not the cheque produced—he paid me in cash—he never mentioned any name for whom they were wanted—I am positive of that—he bought them in his own name—
they were sent away from Messrs. Putney's place—they were gives to George Allum, I believe is the name.
Cross-examined. Q. Did you see them delivered? A. I delivered them on Mr. Putney's cart, which Allum was to drive—the prisoner bought no more timber at that time—I cannot say whether I ever sold him any before or not—I cannot say whether I had had transactions with him before; but I had afterwards, for other timber—he had some flooring and several other transactions afterwards, I cannot remember how many; but they were within a few days of this one—the 6th December was the first transaction.
MR. RIBTON. Q. Did you ever sell him any of this sort that is mentioned in the invoice afterwards? A. He had some battens afterwards but I do not think they were quite so long as the longest in the invoice.
GROGE ALLUM . I recollect receiving some timber by Dolling's directions—I delivered it at Notting-hill—the prisoner was not there—I forget the day of the month that I had orders to take it away—it was a Saturday morning about three weeks before Christmas—I took twenty twenty-four feet, and three seventeen feet yellow battens, and delivered them at Mr. Osborne's, St Katherine's-road, Notting-hill.
MR. RIBTON to ROBERT DOLLING. Q. Is the last witness the person whom you desired to take the things? A. Yes.
WALTER HOLMES (Police-sergeant, F 3). I did not take take the prisoner but I went to his house—it is a new building somewhere up Notting-hill way, I do not know the name of the road—I went on boxing-day with Mr. Brown—the prisoner was not there—I saw a man named Osborne, who told us that it belonged to Brittain and himself—we found a lot of joists fixed up with iron piping pot through—we found some yellow battens—this (Produced) is a portion of them—they were fixed in the buildings—this house were being built—there was also a lot el piping which we brought away—that was all I found connected with this charge there was enough for the floor—they are floor joists this is the only piece which was brought away—it is marked H.K. and Co.
MR. METCALFE. Q. Were you at Bow-street, police-court? A. Yes; on 27th December—I did not tell Mr. Brown what I was going to say—I never went into Court—I was subpoenaed by the Court—Sergeant Holmes served the subpoena—Mr. Brown and Sergeant Holmes called on me on Boxing-day, to know what battens I had sold, end after that I had the subpoena.
MR. RIBTON to WALTER HOLMES. Q. What day did Dolling go to the police-court? A. The same day that the prisoner was committed and put back into the cell—I met him in the passage—nothing was said about giving his evidence then—Mr. Henry had committed on one case and he thought that was enough.
MR. METCALFE. Q. Was the other case mentioned at all? A. Other cases were mentioned to Mr. Henry—he said that if they thought proper they could indict him—I believe the case which you are now investigating was mentioned to Mr. Henry—several cases were mentioned—the prisoner was not charged with the forgery till long afterwards—I have been driving about with Mr. Brown getting up the case—I believe this matter was mentioned to Mr. Henry—I believe Mr. Brown mentioned it, and Mr. Abrahams also.
MR. RIBTON. Q. After he was committed on the other case, whet was said to Mr. Henry? A. That there were several other charges.
MR. METCALFE to T.H.J. BROWN. Q. Have you recently, within the last two months, repudiated a bill of Mr. Parry of Deptford as forged? A. I have done nothing of the kind—Mr. Parry brought an action against me—I did not ask for time, on an affidavit, stating that it was a forgery; nothing of the kind—I obtained leave to defend, and afterwards I settled it—I did that on an affidavit—I did not repudiate it as a forgery, and I did not sign my name to anything of the kind—I might have said that it was obtained by fraud—I paid both debt and costs to my sorrow: I paid 70l.
THE COURT considered that it was immaterial whether the identical yellow deals, purchased of Mr. Putney, did go elsewhere, to long at the repairs at Bennetts-court were done with the right quality of deals, and that there was a proof to the contrary.
NOT GUILTY , and the jury stated
that they placed no reliance on the prosecutor's evidence.
247. WILLIAM BRITTAIN, Was again indicted for unlawfully obtaining by false pretences the sum of 5s. 4d. from Thomas Henry Johnson Brown, with intent to cheat and defraud him thereof. Second Count, Obtaining two further sums of 1s. each on the same day.
MR. RIBTON conducted the Prosecution.
THOMAS HENRY JOHNSON BROWN . I am an architect—the prisoner has been in my service—on the last occasion he was in my employ from 8th or 9th September, as foreman, at a salary of two guineas a week—he was clerk of the works, and had to pay the men under him—he sent to me on Friday evening a detailed statement of the work done during the week, charging against each man, the wages he was entitled to receive, and the total to be paid on Saturday—he charged his own wages, also one of his sons at a guinea a week, and the wages of his other son, making 3l. 18s. in all—he never handed me an account signed by the workmen—I learnt that there was one for the first time on 18th December—the whole of these pay sheets are in his writing—this is the pay-sheet for Drury-lane, for the week ending November 1st—I find a person named Curley, there—be is charged with working on Saturday, Monday, and Tuesday, ten hours each, Wednesday, eight hours, Thursday and Friday, ten hours each, altogether five days eight hours, at 4s. 6d. per day, making 1l. 6s. 2d. for the week—I gave him that in the gross sum that he received from me—I find here a pence named Davis, who is charged with working ten hours a day for six days, at 3s. 6d. a day, making a total of a guinea, and Murphy is charged at six days at ten hours each, making 3s. 6d. a day, one guinea—I have made inquires among the men, and I believe that more or less, every item in this page is falsified—these three sums I have mentioned are included in the gross sum.
Cross-examined by MR. METCALFE (with Mr. Orridge). Q. Just let me look at that paper; were you afterwards paying Davis a guinea a week? A. Yes; when I took him on, and Murphy also—Murphy was not discharged by the prisoner—Curley and Davis were, and I took them both on—those are the two men to whom I gave orders generally to go to the place where the papers were found—they did not go with me to the Sessions-house—they were there—there were five men there altogether—Curley and Davis are also witnesses in the forgery case, I believe—Curley was a witness before the Magistrate, but Davis was not—I believe Curley was subpoenaed—Davis went before the Grand jury in the last case—here are thirteen men on this pay-sheet, and I say that it is all false—I have inquired of nearly the whole of them, more or less—I can give you the names of those who have given me
the information that they have not received the amounts charged against them—Mr. Henry heard three charges, and he said that he considered that sufficient, but there are plenty of other men here to prove that they have not received the amounts charged—I have banked at the Bank of London since July or August—I have not withdrawn my account; I drew a cheque on Saturday, which was paid—that did not finish the account—before that, I banked at the London and Westminster Bank—I changed either in July or August—that was not by their direction.
MR. RIBTON. Q. Just look over that, and mention the names of all the items which are falsified? A. I notice here men named Anderson, M'Decmot, Rockall, Urwin, and Trew on this account; they are not falsified all in the same way as the present ones; some are charged as having worked more time, and others are charged at a higher rate; but, in all cases, representing more money to have been paid than was paid—they were at the police-court at Bow-street, but Mr. Henry said that he had heard quite enough—we could have brought all the men in the place there.
HUGH CURLEY . I am a labourer, of 89, Wild-street, Lincoln's-innfields—I was employed by the prisoner in September, to work at Bennett's-court—he paid me my wages—I received from him on the week ending 1st November, 1l. 0s. 10d.—that was all—that was at the rate of 3s. 4d. a day, not 4s. 6d.—two or three days before the prisoner was brought to Bow-street on this charge, he came to my place—I believe-it was on Tuesday, 17th December—he asked me to step round with him to Mr. Matherton's place, the broker, and acknowledge that I had received 4s. 6d. a day, and he would give me half-a-crown—he asked me if I had ever told a lie in my life—I said, "Yes, plenty, but I will not tell a lie now"—he offered me half-a-crown, and I told him I would not say it—he called on me again next morning, and mentioned the same words over again, and I refused—he did not take a half-crown out on the second occasion—he did not give me anything, he offered it to me—at the time I received the 1l. 0s. 10d. I signed a book; Mr. Brittain was standing by my side with a piece of blotting-paper over it, and it was a very dark room, I could hardly see what the writing was, but I signed it—this is the place; this is my writing—this is what I signed on that day—the blotting-paper was over the amount.
Cross-examined. Q. Then you have told plenty of lies in your life? A. Yes; but I did not like to tell this one—these lines should not contain the hours we worked, only our names—I made no figures at all.
COURT. Q. It was no use your putting your name to a blank? A. I could not see what I put my name to; it was a very dark little room—I do not know who had possession of that book; Mr. Brittain used to keep it—I can read and write—I could see the figures in the other pages—I can see my name on this page—I was discharged about five weeks before Christmas—I discharged myself Mr. Brittain did not discharge me—I only had 3s. 4d. a day—I was satisfied with 1l. a week, and always was—I received 1l. on Saturday nights, and I had 1s. 6d. a week for opening the gate, which Mr. Brittain gave me—I left on my own account five weeks before Christmas—I was not discharged—the conversation I have spoken of was after that—it was on 17th December, and on the Friday before that I went and told Mr. Bosanquet—that was some time after I left—I told him about the wages, and about some little things which I knew to be taken off the job; and he asked me what wages I had, and I told him—I said that Davis and every man on the job could say the same—I mentioned Davis and McDermot.
MR. METCALFE. When did you go back? A. About three weeks afterwards, at the same wages—I did not know that I received a pound, and that the prisoner charged Mr. Brown 1l. 6s. till one of the gentlemen spoke to me about it—I made a complaint to Mr. Bosanquet—I was asked what wages I received, and I told him—I never saw Mr. Brown till the Thursday morning afterwards—I never saw him or spoke to him all the time I was on the job—I was outside the Sessions-house with the other men, and Mr. Brown ordered us to go and make a thorough clearance in the office, and what little papers we found to pick them all up—he did not say anything about bringing them to him, but we were to keep them together, and he called in about an hour afterwards—I was then looking at a paper I had found—we always make ten hours to a day, from 6 to half-past 5—I have since been working at Covent-garden Market—Mr. Brown's works have been stopped these three weeks—before that I was in a place in Tottenham-court-road five years—I left there last summer, and came to work at Mr. Brown's last September—I was the first man on the work—I left the place I had been in for five years, because my master did not pay us regularly—he paid part on Saturday night and part on Monday as he never got his bills in—I put up with that for five years, and could not do so any longer—my family was getting too large.
MR. RIBTON. Q. Hart you ever told a lie on your oath? A. No—on all occasions when I signed the book the blotting-paper was on it.
MR. METCALFE. Q. Do you persist in saying that you did not tell Mr. Bosanquet that the prisoner was charging more than he was paying to you? A. No—I know 1 am in Mr. Bosanquet's presence; I can see him—on my oath I did not say that I believed the prisoner was charging more than he was paying us—I spoke about our beer allowance—I never spoke about the wages.
MR. RIBTON. Q. How came you to speak to Mr. Bosanquet? A. I felt myself aggrieved at the way Mr. Brittain was serving the men—I went one morning at half-past 6, and Mr. Brittain stopped all our wages—he stopped me fourpence, and I mentioned to Mr. Bosanquet that the prisoner had let a man have some pipes—he asked me where I lived, and I told him—Mr. Bosanquet sent for Davis, and I was brought before four gentlemen, and asked what wages I received—I told him, and he told me to keep my tongue quiet, and I should hear more before a week was out—other men were brought up as well as me—the prisoner was given in custody on the Friday after I made that communication to Mr. Bosanquet—I am quite sure the rate per day was 3s. 4d. and not 4s. 6d.—I was a labourer, not a bricklayer or carpenter.
JOHN DAVIS . I am a labourer, of 16, White Horse-yard, Drury-lane—I was engaged by Mr. Brown at Bennett's-buildings at 1l. a week—I worked ten weeks—I was paid by the hour at the rate of 3s. 4d. a day—I have never received more than 1l. a week—I used to put my name in a book as I was paid—I was not able to see what was in the column to which I signed my name; that was concealed by the blotting-paper.
Cross-examined. Q. Do you mean to say the blotting-paper was put close up to the name? A. I could not see any writing at all when I signed my name—I looked—I never saw the price, I could not see it—I can read writing—a piece of blotting-paper was laid over a part, so that I should not rub it while I signed my name; but it was held by the hand, shifted by the hand—Mr. Brittain is the man who shifted it about—sometimes it was placed above my name—I have written over another man's name when
the blotting-paper has been too high—I wrote my signature over another man's signature—I could not get it law enough, because the blotting-paper was held—my hand was not upon the blotting-paper, but Mr. Britain's—he discharged me on 30th November—Curley was discharged three or four weeks before that, I believe, or he left on his own accord, I believe—I was diacharged—I was taken on again by Mr. Brittain an 23d December—he did not come to me, I was passing the end of the court, and asked him for a job, and he told me to call on Monday morning—I had seen him before—he called at my place one day and asked me what I received a week—I told him 1l.—he said that my money was a guinea—I did not call at his place afterwards, only for my money—I called on Sunday for some money which was owing to me—he had not paid me on Saturday night—he was not there—he did not tell me to call on the Sunday—I did not see him—I did not speak about the prisoner at all—I saw Mr. Brown at Robert-street—Curley was with me—I went up stairs into the office, and remained five or ten minutes—Brown was there—that was not the Sunday after the prisoner was taken, it was after I was discharged the second time—I was discharged from the Company—they did not pay me my money, and I called on Mr. Brown for it—that is a fortnight, ago—I did not talk over this matter with him, only the money, 4s. 10 1/2 d. for my work—I went to the Sessions house about this matter—I was employed by Mr. Brown at the office, where I found some papers—he came in about half an hour after I found them—I have been living at home since that—I have not had any work since—I have got a bit of a shop, which I had before I worked for the prisoner—I live under the Company—somebody attends to the shop while I am at work—I worked for Kilby and Johnson all last summer—I have not always been at work—I am sometimes out of work in the winter—I have not got into a little trouble that I am aware of—two policeman from Bow-street came to me about this job—I was looked up for being tipsy once and was discharged—I did not go to Mr. Bosanquet about this matter; he sent his clerk for me on 13th December—Curley had been is previous to me, and I met him on the road, and went with him there—I went before the Directors—they asked me what I knew about it, how the work was going on, and the wages I received, and they told me the wages were a guinea—I have received a guinea from Brown since, but did not at that time.
MR. RIBTON. A. You received 1l., and that was all you ought to have received according to your agreement with the prisoner? A. He told me 1l. a week was allowed—I told Mr. Bosanquet about some new drain-pipes being taken away to another job, and two loads of bricks, and that some floor boards had been sent away from the yard—I pulled them up by Mr. Brittain's orders, and his son's—they were old materials—a carman came for them—(The wintness at the request of MR. RIBTON folded a piece of blotting paper to the size and placed it in the book in the way in which it usually was when he signed his name)—the paper was underneath where I wrote—I looked to see what was in the column to which my name was signed, but I never saw anything—there was no entry where I wrote my name—I simply wrote "Davis"—I see in this column the word "Davis" and a pencil mark 3s. 6d.—I never looked to see whether that was there when I signed my name, because he used to shift the blotting paper about while I was signing—I had to reach over his hand to write—he did not always cover the column to which my name was signed, but when I saw the column I did not see any entry in it.
by the prisoner to work in Bennett's-court, four months ago, and have worked for him ever since at 1l. a week, 3s. 4d. a day—the only time I received more was when I was watchman, just at the beginning of June when I received 7s. 6d. extra, for three days—that was about a fortnight after the job began—I cannot tell you the month the job began, but it is about four months ago—I used to sign a book—I only put my name—I looked in the column to which I signed my name, but there was no entry in it—here is "Murphy, 3s. 6d."—that 3s. 6d. was not there when I signed my name I am certain, it must have been put in afterwards—I signed a blank—I thought it was right to do so—I asked for 3s. 6d., but he said he was only allowed 1l. a week—I recollect giving evidence at Bow-street—the prisoner came to me before that—I had had a bit of a row with him, when I told him I would not put up with it; he blamed his son—he called me into the parlour and said, "Murphy, you do not want to do me any injury;" I said, "Certainly not,"he said, "There are detectives about the place, watching for me, and if any of the gentlemen ask you what you get a week, what will you say?—I said, "A sovereign," he said, "No, for God's sake say a guinea," and I told him I would, and I said so before the inspector, but when I was on my oath I altered my tune and told the truth.
Cross-examined. Q. Before the inspector yon told a lie? A. Yes; I was not upon my oath—I am sure he said something about detectives—he said Davis was doing all he could to injure him because he had been discharged—Davis is not a detective, but he said that Davis and Curley had put detectives on—I told him that I did not know anything about the detectives, and did not want to know—this conversation was upon the day before Mr. Brittain was taken first, on the Friday before Christmas—the conversation was on Thursday, and he was taken on Friday—I did not go the first time before the Magistrate—I went up before the inspector, on the same did that he was taken—I told the inspector I had a guinea, and therefore he did not take me to the police-court, but the other men knew better, they knew that I had only a pound—I went to the police-court the second time, and Swore that I had only a pound—neither Davis, Brown, or Curley had been to me in the meantime, only I was told that I should be on my oath and must speak the truth—Curley and Davis told me so—on the same day that he was taken I saw Mr. Brittain, and I told him about it—I told the inspector in the morning that I had had a guinea, and afterwards on the same day I said I had a pound—that was when I went to Notting-hill—Brown was not talking about the prisoner being taken—I knew that he was taken—I did not say a word to Mr. Brown about it, nor did he say anything to me—I told Brown that I had received a sovereign—on my oath I had no other conversation with Brown.
MR. RIBTON. Q. Where did you see Mr. Brown? A. At Notting-hill—I was not talking to him a minute after we had pulled the things out of the building and we had some beer there—we had no conversation, I only went and said, "Mr. Brown, it is no use my telling a lie, as I shall be upon my oath, I had only a sovereign."
WILLIAM ACKRILL (Policeman, F 48). I took the prisoner at Bennett's court, on 20th December—I found this book in his pocket, and took possession of it—it has been in my custody till to-day—it has never been in Mr. Brown's possession—I left it with the inspector at the station—it is in the same state now.
Cross-examined. Q. You do not know whether it was in Brown's possesses while the business was going on? A. Not previous to my taking the prisoner—I found it in his pocket.
COURT to MR. BROWN. Q. was the prisoner in the position of a contractor at all? A. No, only clerk of the works—he had not a right to have so much a day upon all the men employed—he had permission to have one of his sons employed, and had 3l. 18s. a week for that purpose—it was his duty to engage the men, and to return a true account.
MR. METCALFE. Q. Did you lend the prisoner some money on 18th December? A. Yes—he had left my employ on 14th; his engagement with me terminated on Saturday 14th December, and I lent it to him before I knew anything about this: I lent him on the 17th, 4l. 10s. and 7l. 5s.—I knew of the charge of a fraud on the 17th at 10 o'clock in the day, and I lent him the money at 10 in the morning.
MR. METCALFE called
Cross-examined by MR. RIBTON. Q. Do you know of his being in the Insolvent Court? A. Yes, within the last three years, but only once to my knowledge—it is nearly three years ago, it may be two years.
MR. ORRIDGE. Q. Was it on the petition of the prisoner. A. Yes.
Cross-examined. Q. Do you know were he lives. A. At Hogsden—I rather think he has houses at Notting-hill—I do not know—I think he has a job there—I bought some things of him—I have seen him, sometimes once in six months—I know a person named Osborne, of Notting-hill—I am not aware whether the prisoner has anything to do with him—I heard that he was in partnership with Osborne, at Notting-hill—I became acquainted with him in business matters, seven years ago—he has been through the Insolvent Court I believe—I really do not know how often, it is perhaps two years ago—I do not know a great deal about him: he may have been bankrupt and insolvent perhaps twice or three times, I think it is twice—I think last January was the last time—I cannot call to mind when the first time was, I rather think it was before I knew him—that would be more than seven years back—I never heard any charge against him, about stealing bricks at Hammersmith or West Ham.
MR. METCALFE. Q. Did you ever hear of any charge being made against him? A. No; I heard that he was a bankrupt once, but it was not to my knowledge—I do not know whether there was anything more than the one insolvency, which took place afterwards, besides the bankruptcy.
JOHN KIRK . I am an oil and colourman, of Lewisham—I have known the prisoner six or seven years—he has always been very honest and straight-forward in his dealings—I never heard anything against him up to this time—I have not heard of his being bankrupt; only insolvent, that was five or six years ago.
Cross-examined. Q. How often have you been in the habit of seeing him? A. Not very frequently—I do not live in the neighbourhood—I cannot say where he lives now—I knew him first at Rotherhithe, six years ago—he sent the timber down there, 1 have seen him there—I have seen him, not above half a dozen times in the last six years—1 have known his family, but about himself I have hardly known anything, only from hearing from him—I have only heard twice of his being insolvent; once was six years ago, I cannot call to mind when the other time was—it is only what I have heard—it is three or four years since I last heard he was insolvent—I do not know anything about his being bankrupt.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. LILLEY conducted the Prosecution.
THEODORE CORSE . I am chief mate of the Sparkling Wave—on 3rd January she was lying in the Victoria Docks, right opposite the Custom-house, between warehouses B and C—I had a silver watch, a gold chain, and a gold ring, which 1 kept in my state-room—I last saw them safe about.2 o'clock on 3rd January—I missed them at half-past 5 on that day—I did not give information to the police that evening; I did the next morning at 8 o'clock, after breakfast, and put 3l. reward on it—the prisoner was second mate on board, his berth was next door to mine—I did not look into his berth on the 9th—it was on 21st, when I gave him into custody—I was examined before the Magistrate on this charge, and gave my evidence—it was about ten minutes before that, that I went into the prisoner's berth and looked in his bed, when I went and got a policeman—I searched in his bed on 21st January—I lifted the pillow and found my watch and chain connected together, in the pocket of his waistcoat—I left it there, and went for the police—a policeman came—the prisoner was on board when he arrived—I told the prisoner I had suspicion, and wished to overhand his bunk—the policeman asked him if that was his bed—he said, "Yes;" and he went to his bed and overhauled it, and found my chain and watch, with the ring, in his waistcoat pocket—I said, "Did you know them belonged to me"—he said, "Yes"—I said, "How did they come into your bed"—he said he did not know, he did not put them there—I said, "If you do not know who put them there I shall give you in charge," and I did—I had seen the prisoner wearing the waistcoat in which they were found, many times—no sailors are allowed to go into my cabin without they have business there, unless they are ordered on duty.
Cross-examined by MR. PATER. Q. Is the waistcoat here. A. I cannot swear to it—I do not know whether the waistcoat has been brought here by any witness—I will swear that I have seen the prisoner wear that waistcoat most every night when he goes ashore—he has been in the ship with me since 5th November—we came from New York—I do not know whether he wore that waistcoat on the voyage—he wore it on shore—the vessel arrived in London about five weeks ago—we left New York on 11th or 12th November I believe; we were about thirty-eight days on the voyage—we went to Queenstown, Ireland—it was not there that I saw the prisoner wear the waistcoat, it was after we arrived in London—I do not know exactly when we left Queenstown—I spent Christmas-day in London, at the Victoria-docks—I did not see the prisoner wear it on Christmas-day to my knowledge—I have seen him wear it a dozen times since we have been here—we have been lying here about six weeks—he has worn it on shore in the evening—Captain Emery is the captain of our ship—the prisoner and he have not had several quarrels that I am aware of—there has been no quarrel on board ship coming from New York—the prisoner has not quarrelled with the captain—there was a little difference between them—I do not know that they have been on most unfriendly terms—they have had words, and so have I—the prisoner went about licking the sailors and the captain would not have it; that was all—the sailors did
not complain—the captain saw it and stopped it—that was all the trouble there was—the prisoner's berth was open—we call it a state-room—it is open to everybody—I offered the reward for the recovery of my watch and chain the next morning, the 4th January, and gave the prisoner in charge on 21st—I searched his berth on that day on account of suspicion—I went in alone, because I thought it would be better—the captain has never said in my hearing that it would be the best thing that could happen if this man was got out of the ship—the crew said they wished he was out of the ship—they were angry with him—I have heard that said on more than one occasion—no sailors use this state-room; only the second and third mates together—I do not know if this man was discharged whether the third mate would succeed to his office as second mate.
MR. LILLEY. Q. Are you influenced by anything that the crew have said in making this charge against the prisoner? A. No; the prisoner discharged his duty as usual between 3d and 21st January—he wore the waistcoat when he went on shore—no one slept in the bed, under the pillow of which was found the watch and chain, except the prisoner—there was another berth belonging to the third mate.
COURT. Q. Did the prisoner sleep in his own berth every night after the ship got to London? A. No; he was mostly away at nights—he only slept on board two or three nights.
MR. LILLEY. Q. Between the time of missing your watch and chain on 3d January had you seen and conversed with the prisoner at all about your loss? A. Yes; I told him I had lost it—he was the first one that spread out that I had lost it—I do not know whether he slept on board or away the night I lost it; I forget that—this, is my watch and chain (produced)—the watch was going the right time when I lost it
CHARLES BARBER . I am inspector of police in the employ of the Victoria Dock Company—that dock is a port of entry and discharge in the port of London—on 21st January, in consequence of some information I received from the last witness, I went on board the Sparkling Wave, lying in the Victoria Docks—I there saw the prisoner standing at the door of his cabin—I asked him if that was his cabin—he said, "Yes"—I told him I wished to search his cabin, as he was suspected of having stolen the chief mate's watch—he said, "Very well"—I did search, and in searching his bed found under his pillow a waistcoat, in one of the pockets of which I found the watch, chain, and ring, that I now produce—I then asked the prisoner if that was his waistcoat—he said, "Yes, it is"—I asked him if it was his bed and his berth, and he said it was—the watch was ticking at the time I took it from the waistcoat pocket.
Cross-examined. Q. Did he say he knew nothing at all about the watch? A. He said if it is there I know nothing of it—that was at the time I took it from the pocket—he made no objection to my search—he did not express my surprise at the watch being found.
GEORGE PAXTON . I am a watchmaker, living at Victoria Dock-road, West Ham—I know the prisoner—on 15th January he brought this guard and ring to my shop to have them repaired—the guard was broken—he wanted the ring made less, to fit his finger; a piece taken out of it; he said he wanted it to fit his little finger—I mended the guard, but the ring I did not do anything to—I saw him again on 17th two days after—he came back and paid the money, and took away the ring and guard—I had lent him ten shillings the first day he brought them, on 15th—I had no security—he brought these things and asked me to repair them—he said he was
short of money, and that he would come the next day, as he would draw of the captain, and take the things away.
Cross-examined. Q. Was there any repairing required to be done to the chain? A. I repaired the chain; it was broken—I recognise my own work here—it is a very common pattern—this chain has been broken and tied again since I had it.
COURT. Q. Do you see something there that was not there before when you had it? A. Yes; it has been broken again—I cannot find my own workmanship—I have no doubt it is the same chain—it is the same kind of chain—I live a good half-mile from the Victoria Docks.
MR. PATER. Q. Nothing has been done to this ring, I believe? A. Yes, there has—here is a mark inside of it; there was none on it before—this is not the same ring—here is a mark that I can swear to that was on before—there is another mark on it now—it is a very common article—the watch was never in my possession—I have no doubt whatever as to the prisoner being the person who offered the articles for repair—I had not known him before—I have no doubt he is the man—I had heard of no reward being offered.
MR. LILLEY. Q. How long was he in your shop? A. The first time be was in from ten minutes to quarter of an hour, and the second time not more than five minutes—to the best of my recollection that was between 7 and 8 in the evening—I have no gas in my shop—I have a couple of paraffin lamps.
COURT. Q. Do you know whether the prisoner lived near your shop when he was on shore? A. I do not know.
The prisoner received a good character.
NOT GUILTY .
JOSEPH FRENCH . I am a furnace-man, and live at 1, Montague-place Plaistow-marsh—on Saturday night, 11th January, I was in the Walmer Castle public-house, at Plaistow-marsh—I went there about a quarter past 11—the prisoner was there—he had a bother on the other side of the bar—I was on the private side of the bar, and I got on a seat to look over, and saw my brother and the prisoner fighting—the prisoner had a knife in his hand; a knife that is always open, like a butcher's knife; not a clasp knife—I got over and went to get my brother away, and in the meantime the prisoner stabbed me in the right thigh—I got hold of him round the neck, trying to pull him away, and be stabbed me in the thigh with the knife—I got my brother away as quick as possible, and the prisoner went outside—I went out as quick as I could—my thigh bled—I had no chance of saying anything when he stabbed me; I was pulling him backwards from my brother, and then he stabbed me—I was in front of him—we were both, as it were, in front of him—I did not say I was stabbed, as I did not know whether I was stabbed—he jagged the knife backwards and forwards eight or nine times, and cut two buttons off my waistcoat—the prisoner was to liquor at the time—he was mad-like—he did not know what he was doing—he had the knife between his fingers, and jagged the point at me eight or nine times—it was only a little bit of the blade—I tried to stop him—they were all hitting and fighting together—there were about fourteen or fifteen of his countrymen there, Americans, or whatever they call them—there was a general row—after I was stabbed I got out as quick as I could—I did not
go for the police or the surgeon—I stopped outside till the man came outside, and he was afterwards given into custody.
Prisoner. I have no questions to ask him; he is not telling the truth, that is all.
FREDERICK FRENCH . I was at the Walmer Castle—I was fighting with the prisoner—he came up and struck me—there had been a quarrel then—there were thirteen or fourteen of his countrymen there—I do not know what he is—there was a dispute—he came up and struck me, and I struck him again—in the scramble I went down, and he stabbed me on the left thigh after I got up—I saw the knife in his hand—I was bleeding much—I went to Mr. Banks, a surgeon, and the wound was dressed—it is not well; I wish it was; it is getting well—this occurred three weeks ago, come next Saturday.
Prisoner. There was not one coloured person in the house. Witness. There were thirteen or fourteen there that I saw—there was a row—you came up and struck me—you did not care who you struck—I was standing before the bar—I never spoke a word to you—you came up and struck me, and I struck you again.
COURT. Q. Was he drunk? A. He was in liquor—he was not having his supper—I saw him pull the knife out of his breast somewhere.
GEORGE BASFORD . I was in the Walmer Castle about five minutes after 11—the prisoner was there, and about twelve or thirteen more—he had his coat off, and said he would fight any white man there was in the world—Frederick French was standing at the bar there, and the prisoner came up and struck him—French hit him back and they got into a row, and three or four of his countrymen ran out; and as they were scrambling about the prisoner pulled out a knife either from his coat pocket or his belt, and went like this (describing), and cut him in the thigh—Frederick French said, "I am stabbed"—I ran out at the door to see if I could see a policeman, but I could not—the prisoner then went and put out the gas, and laid in the corner of the parlour—Frederick French was down on the floor on his back with his left knee up, at the time the prisoner was jobbing at him—I did not see him stab Joseph French.
JAMES PONSFORD (Policeman, K 223). I took the prisoner into custody on 11th January in front of the Walmer Castle—he was the worse for liquor—I got this knife (produced) from a sheath in his side—there was blood upon it—I told him he was charged with stabbing Joseph French and Frederick French—he denied doing it.
Prisoner's Defence. I went to this place, and I got there in liquor with a lot of shipmates, none of my own colour. There were some white men there, seafaring men. The second mate of our ship did not like me aboard the ship, and those men were set there to beat me. The door was shut up, and there was only me and one coloured man in the house. I was struck in the face; I was blinded, and could not see; they beat me. I ran into the taproom; some one had put the light out, and I never heard anything about this till after. A man came and took me by the collar, and led me out. I went and found the door still fast, and I went back into the tap-room; and three young fellows came up to me, and said, "Here he is now," and struck me again in the face, and pommelled me as much as they liked. I then went out in the street, and stood in front of the Walmer Castle for about ten minutes; the policeman came up to me, and said, "I will take you in charge for stabbing two men." I said I had not stabbed anyone, and he took me off to gaol. There were fifteen men there, but none of my colour. I never drew a knife at all; my knife was at my side, and no one saw it till I pulled it out and gave it to the policeman.
COURT to JAMES PONSFORD. Q. Were there any marks on his face as if he had been struck, when you took him, in front of the Walmer Castle. A. There were; he was bleeding on the cheek—his mouth was not swollen up.
GUILTY of unlawfully wounding.—Recommended to mercy by the Jury, as they considered there was very great provocation on the part of the English, by whom he was ill-treated. — Confined Four Months
Before Robert Malcolm Kerr, Esq.
MR. THOMPSON conducted the Prosecution.
JOHN BURRELL . I am a cattle-dealer, of 3, Grosvenor-road, Walthamstow—on 4th January the prisoner was in my employ as a drover—he sold three sheep for me to Mr. Alfred Edwards, a butcher—I sent them by him to Mr. Edwards—the prisoner has not paid me any money on account of these sheep—he left my service on the 9th—I did not send him away—he ought to have come to his employment on that day—I afterwards saw Mr. Edwards, and in consequence of what he told me I communicated with the police—I sold the sheep for 2l. 5s.—the prisoner had no authority to receive the money.
Prisoner. You have always allowed me to take bills. Witness. You have occasionally left a note for me, but you were not allowed to collect money—the note you have taken did not contain bills—you have not taken bills to Mr. Pile, a butcher—he owes me money now—you brought 30s. to me from James Clark, a drover, but you were not authorised to receive it—that was for sheep.
COURT. Q. Were they worth only 15s. each? A. They were very small Welsh sheep—you can buy a sheep for less than 15s.—it was on Saturday the 4th I sold the sheep to Edwards, and the prisoner left on Thursday, the 9th—I had no words with him before he left—I do not know why he left—he had been in my employment about four months—I had no fault to find with him whatever—I told the police the case on the 16th—he did not come to his work on the 9th, 10th, or 11th—I do not know where he was—he was apprehended at his lodgings—when he did not appear on the 9th I sent a little boy who worked for me after him, who said he was not at home—I did not send on the 10th—I sent on the 16th, the morning he was taken—the message then was that he was not at home, but I believe he was, because the constable took him in bed.
Prisoner. You have always allowed me to take bills, and if you will gift me time I will bring the witnesses forward. Witness. Only once—I am a general dealer in cattle—I always take my own money—if I sent the prisoner with some meat I should not deliver any invoice with it; it is not the custom.
ALFRED EDWARDS . I am a butcher, of Walthamstow—on 3d January I bought four sheep of Mr. Burrell for 2l. 5s.—the prisoner called on me on 6th January, and I said, "I suppose you have come for the money—he said, "I suppose I have"—I paid him 2l., and 5s. more when I got to the beer-shop and got change—the next day he came to my house with a pig from Mr. Burrell to be killed—I killed it with his help, and when I had done it Mr. Burrell came to my shop and went away with the prisoner, and I saw no more of him till he was in custody—they did not take the pig; they went off together—Mr. Burrell sent to my house afterwards to know whether I had paid him for the sheep—that was on Tuesday or Wednesday, and I said that I had.
Prisoner. Q. Was Mr. Burrell in the shop when you said you had paid
for the sheep? A. No—during the time we were killing the pig my mistress came to me to change half a sovereign—you said, "Can I do it"—when we came into the shop my mistress brought you the half-sovereign, which you took away with you—she had not sold a leg of mutton to Mr. Burrell—the change was for somebody who was in the shop—I said nothing about the sheep when he brought the leg of mutton—if you came back and said that I could have the pig at 4s. a stone, I was not at home—your master told me before he went that I could have it at 4s. a stone, and I said, "No"—that was the first dealing I had with Mr. Burrell—you did not bring me a bill with the sheep—we never have a bill with live stock—I offered to pay you the money because that was the day that I agreed to pay Mr. Burrell for them—if any dealer sends his man to me I should pay him—I did not think it anything very extraordinary—you brought the animals, and I thought if you could be trusted with them, you could be trusted with the money.
COURT to JOHN BURRELL. Q. When you were buying the leg of mutton was anything said about the sheep being paid for? A. No—I sent the prisoner back to say that Mr. Edwards might have the pig at 4s. a stone—I then went out of the shop, and went with the prisoner part of the way—he said nothing about paying for the sheep—I swear that.
GEORGE HUNTER (Policeman, N 357). I took the prisoner on 15th January, in Marsh-street, Walthamstow, at his lodging, at 9 o'clock in the evening—he was in bed—I told him he was charged with receiving 2l. 5s. from Mr. Edwards, and not paying it over to his master—he said, "I know all about it."
Prisoner's Defence. I did not go back to my master because he took the keys from me, and told me there was no more work. I was backwards and forwards at my lodging looking after employment from the 9th to the 15th. I believe there is a witness here who has got a bill. It is Mrs. Clark.
MRS. CLARK. The prisoner is my brother—I once paid money to him for Mr. Burrell—he brought me a bill, but I did not pay him at the time, because my husband was not at home—I paid him on 2d January.
COURT. Q. Did you see the prisoner from the 9th to the 16th? A. He came to fetch a pig on the Thursday morning—I never saw him till now—it was not killed at my house—he came to fetch it away on 8th or 9th January.
GUILTY.—Recommended to mercy by the prosecutor — Confined Four Days
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Three Months each.
PLEADED GUILTY . **— Confined Twelve Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Four Months.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
ANN SMITH . I am the wife of William Smith, of the Wheat Sheaf public-house, Church-street, Greenwich—on Tuesday, 14th January, about 12 o'clock, the prisoner came and asked me to give him a pipe—I did so; he turned his back and went out—I turned my back—my till was then quite closed—he then came in at the next door, and I heard some money drop—I turned round and saw him going out, and my till wide open—I missed 15s.—I knew how much there was there before—there was no one else in the place—I flew to the door, and saw the prisoner parting from another man—I called to my servant, pointed him out to her, and sent her after him—he was brought back in three or four minutes—I said, "You are a good for nothing man to ask me for a pipe; I very civilly gave you one, and directly I turned my back you returned by the other door and took the money out of my till"—I do not remember that he made any answer—a great many people rushed in, and I gave him in charge.
ANN MORRIS . I am in Mrs. Smith's service—I went out and found the prisoner about fifty yards from the Wheat Sheaf—I said, "You have robbed my mistress's till"—he said, "If I have I will come back with you"—he came back, and was afterwards given in custody—I had seen him pass the house twice before he came in; up and down.
Prisoner. Q. Was there any one with me when you saw me? A. No.
EBENEZER HOGG (Policeman, R 123). I was sent for to the Wheat Sheaf, and Mrs. Smith charged the prisoner with robbing the till—he said it was false—I took him in custody, and found a halfpenny on him—he gave a false address.
Prisoner's Defence. When the young woman came to me I offered no resistance, but went back with her. There was no one with me, and I had only a halfpenny on me.
GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
MR. LANGFORD conducted the Prosecution.
DAVID SMITH (Policeman, 122). I belong to the arsenal at Woolwich—on 23d December last, by the direction of Mr. Hopperton, I went to Ward's house, in company with Jenner, another constable—after we had stopped there about twenty minutes, I saw the two prisoners' come towards the house—Ward had this bit of board in his hand (produced)—I observed besides that, four longer boards, standing at the door of his house—they did not go into the house, we stopped them at the gate and asked how he accounted for these boards being in his yard—this (produced) is a sample of one of the four cut off—he said he knew nothing about them—I said, "Where is your
man?"—he said, "There is my man up the path"—I took about four steps up the path and asked Darley "Who authorised you to take these four boards there?"—he said, "My master, Ward"—we took them both into custody, and took them to Mr. Hopperton's house—Mr. Hopperton came in and said, "You have got some of my boards there, my property;" and Ward said, "Yes, I dare say you will be paid for it"—nothing else was said that I know of—we took them to the station—Mr. Hopperton charged them with stealing it from his premises—I afterwards searched Ward's house, and found there forty pieces of timber of various sizes—I afterwards showed the timber to Hopperton—we went to a baker's shop in the neighbourhood—I had sever seen the prisoners working at that bakers.
Cross-examined by MR. RIBTON. Q. What baker's shop did you go to? A. I do not know the baker's name—we went to see the timber that had been worked up—there was new stuff there which Mr. Hopperton said was his—he believed it to be some of his stuff—the baker is not here, nor any one from the shop—I was induced to go there from what Ward had been doing—it was not in consequence of a statement made by Ward—he did not say that he had been working at the baker's shop—he never said anything about the baker's shop—I never heard that he had—I have known him some time, it might be six months—he has got a bit of a kitchen at his place—I do not know that he uses it as a workshop—there was timber in it—I never saw any tools, I did not look for any—I cannot say there were not tools in it—I never heard Jenner say, "Hallon, Bill, how about Hopperton's timber," he might have said so—I did not hear Ward say "Hopperton's timber; I know nothing about Hopperton's timber"—I went up to Ward's house with Mr. Hopperton after he was taken in custody—no other constable was with me at that time—Mr. Hopperton was in his gig, he remained in his gig at the door, I went inside—Hopperton did not say, before he had seen what was inside, "Bring it out, I will swear to it all"—I am sure of that—we have got some samples of quartering here to-day—we have not brought it all.
SAMUEL JENNER (Policeman, 146). I belong to the royal arsenal at Woolwich—I never saw either of the prisoners at work at the baker's shop—on 23d December last, I went in company with Smith to Ward's house, I saw the prisoners come up to the house, Ward with that piece of wood in his hand—I saw the four pieces at the door—I said to Ward, "How came these boards there"—Ward said, "I know nothing at all about them"—my brother constable Smith, turned round to him and said, "Where is your man? are you his man?"—that was to Darley—he said, "Yes"—"Did you bring those boards here?"—"Yes"—"Who ordered you to do so?"—"Ward, my master"—I and Smith then took them to Mr. Hopperton's house—I was not in the house all the time—I had the boards down in front of the bar—Hopperton came in and said, "Halloa, what is this, that looks like some of my boards, these are my property"—Ward said, "I dare say they will be paid for"—that was all that I heard.
Cross-examined. Q. Did you say to Ward, "Hulloa, Bill, how about Hopperton's timber?" A. No; he said he knew nothing about those boards that stood in front of his house—I do not remember his saying he knew nothing at all about Hopperton's timber, he did not say so there—when I asked him how came these boards there, he said, "I know nothing at all about them"—I went to the station with the primmers—I did not go back to the prisoners' house with Mr. Hopperton—I did no go to the baker's shop.
THOMAS HOPPERTON . I am a builder at Plumstead in Kent—Darley has never been in my service, Ward has, at three different times, eighteen months past; the last time for about thirteen weeks, up to the time he was taken into custody—he was in my service then, he worked at piece-work or task-work as they term it—about half-past 5 in the evening of 23d December, two constables came with the two prisoners in their custody to my house—previous to their coming I had gone across the road out of the house—mine is a public-house—when I came in at the door, the boards' were lying at the door—I said to Ward, "Halloa, this looks like some of my timber;" and said, "Yes, it is"—I said, "Is this some you have taken away in the cart this afternoon"—he said, "Yes"—I had not seen the cart; I was not able to get out—I had given him authority to take a board for work that he required, but that would not have taken him more than two boards—instead of that, he obtained a cart and took a cart-load—I had given him authority to take two boards—he said in the presence of the two constables, "I dare say it will be paid for"—they were taken to the station-house—I was with the constable to Ward's house, but was not able to go inside—I saw some wood there, there were some forty pieces of various descriptions brought out of that house, put into a cart and taken to the station-house—those forty pieces were my property—we have some of the stuff in Court which I purchased—I know this to be mine by the peculiar way of cutting, and the class of goods—it is a class of goods that is not generally used—they are here—this timber is bought in this shape, in the whole, it is five inch cut, and then cut this way twice—this other one, much larger, was found in the bakery, and the other at Ward's house, and it exactly corresponds—it is cut in London before I purchase it—it is cut to my order, as it is now—the lesser ones were found at Ward's house, and this at the baker's shop, one much larger—I can positively identify a portion of that found at Ward's place as my property—I never gave him any authority to take it away—I never sold him it—I did not know of my own knowledge that he was working at this baker's shop until the Saturday previous—I had not seen him working there—the long piece which he had in his house is a piece of very thin floor-board; this was purchased at the same place—I know that to be my property—I have seen that on my premises; a great quantity of the same class of goods—there is no particular mark on it that I know it by, more than it is white wood—I had never given him any authority to take that wood away or to sell it—we have a portion of the four pieces that were at the door (produced)—this is my property—this is a piece that was cut off—there are four pieces, eight feet six inches long—I identify them as mine; no doubt whatever about it—I never sold any of that or gave him permission to take them away—those I told him to take were for battening in a small pair of gates for a side entrance—they were thicker than this—that was for some work on my premises—I went to a bakr's shop in Plumstead, and there took a piece of wood away—it forms a portion of this other wood, and forms a five-inch square—I have only valued the forty pieces of wood at fifty shillings—they are various lengths and widths; pieces that were taken at different times.
Cross-examined. Q. Were these three pieces cut on your premises? A. No; at Mr. Dowson's, our timber merchants—no doubt he cuts other timber besides mine—I do not know whether he cuts it in the same way—it is cut in this way for a certain purpose, for small buildings—I cannot say whether other builders would require wood cut in the same way—I cannot undertake to swear they would not—it is a particular class of goods, which is
not generally—I cannot say that I am the only builder who these timber merchants send white wood to—this other piece, found at the baker's, exactly corresponds with the other pieces, allowing for the saw out—the prisoner told me that he had been working at the baker's shop—that was the reason I went there—I should have known nothing about it unless he had told me—he was working for me at piece-work—I did not know that he was working for other persons besides—there would be nothing wrong in his doing so—he did not defraud me of any portion of his time by so doing—it did not matter for how many people he worked—I do not know that he had been in the Royal Arsenal before he was with me—I don't know that he was making a pair of large gates, and a glass door and shutter for Mr. Flanders—I know Mr. Flanders; he is here; and I know Mr. Gaselee, a builder, by sight; he is here—I did not go inside the prisoner's premises—I believe his kitchen had been under repair—I cannot say that he used that as a workshop—I don't know that in consequence of that being under repair he took some timber from his own premises to my place to work—I have never heard it—I keep a public-house as well as being a builder—there are two other pieces of wood here that I identify—there is no mark on it; only it corresponds exactly with the pieces I have left—it is used for different purposes, such as up-rights for partitions for small cottage buildings.
Darley. Q. Have you not offered to employ me since this! A. Yes; I should have no objection to employ you at any time.
MR. LANGFORD. Q. What did Ward say to you about the baker's shop? A. It was one Saturday; I said to him "You have not done anything here for this week"—he said, "No; I have been fixing a baker's trough, and some shelves, and things," which I found was there when I went—he told me where it was, at the corner of Bloomfield-row, Plumstead—I went there and found the pieces of wood I speak of, and there was a great deal more material similar to this, fixed—I identified the greater portion of it as mine—it was a similar class of wood to this—I had not given him permission to take any, or sold it to him.
MR. RIBTON. Q. Do you know of his making a sash for a person named Colone? A. That is a house I rent, and I allowed Ward the timber for the sash.
JAMES WILLIAM ANSON . I am in the employment of Messrs. Dowson—we sell timber to Mr. Hopperton precisely of this class, and very similar in cutting—in all our experience we never cut five by five, so the men in the mill tell me—we sold Mr. Hopperton wood precisely of that description and cutting.
MR. RIBTON called the following witnesses for the Defence.
WILLIAM GASELEE . I am a builder—I do not live at Plumstead, I am finishing two houses there—I have known Ward nine or ten months—I recollect selling him two white inch boards, about nine or ten feet long, in December last—it was what is called white wood—I have none other by me—there are thousands, and hundreds of thousands, of this white wood used daily—it is nearly all of the same sort—there is white spruce, and Christiana—a person, could not identify it without a private mark—I do not see here any of the white wood I sold him—mine was inch stuff, but not this description—this is all white wood, but what I sold him was not like this—it was about this thickness—it might be worked into this shape—this piece might have been sold by me to him—I have not sold him any of the other kind—I have sold stuff to him for nine or ten months—I was repairing his house about the 18th December, taking the roof off his kitchen and workshop
—he asked me if I could supply him with some stuff, as he was fitting up a baker's shop, and I told him to go to my place and choose his own stuff, which he did—I was about ten days repairing his shop.
JOHN FLANDERS . I am a bricklayer and builder—I have known Ward twelve months—he has always borne the character of an honest, hardworking man—he worked for me all the summer—I know him as doing various jobs for different parties, as a carpenter—I never sold him any wood—the wood he had of me I permitted him to take from my place down to his house—it was three deals, fifty-two feet—it might have been about 14th or 15th November—he did not buy it of me—he was to make a pair of gates and a sash-door for me out of it—he did not make it—the stuff is at his house at this very time, and it was taken away by Mr. Hopperton along with his stuff—he identified it as his—I swear that it is mine by the invoice which I have—I do not believe that any one can swear to timber without there is a private mark to it—this block cut into three pieces is the ordinary wood used in the trade—there is nothing peculiar about it in the least—these three pieces do not seem to me to fit—I was before the Magistrate and was examined.
THOMAS PELL . I am a builder and timber-merchant—I have known Ward about two years and a half—I have sold him wood at different times, on some occasions two or three times a week—I have sold him wood very similar to this produced—it is quite possible this may be part of it—I cannot swear that I have sold him some like this other—I have had the same kind of timber cut in the same way and of that size, but I cannot say that I have sold it to him—it is very possible I might—I may have sold him timber similar in appearance to all that is now before me—it is quite common to all the builders about Plumstead—I have had hundreds of this kind myself—I believe I have had some cut in a similar way for ceiling-joists—I have sold wood to Ward for two years and a half, up to about six months ago—both the prisoners have worked for me.
Cross-examined by MR. LANGFORD. Q. You have not sold any to him during the last six months? A. I think not—I have no books—we do not supply invoices with the small quantity we sell—he might be supplied by the men in the yard during my absence—it is all a ready-money affair—I have no entry in any book to show when the last purchase was.
MR. HOPPERTON (re-examined). There was some yellow timber taken to the station besides the white; that was selected from mine, and there it is for Mr. Flanders when he likes to come for it—I do not identify that; it is a different thickness to mine—I never identified it as mine.
Darley's Defence. I was not aware that I was doing wrong.
WARD— GUILTY .— Confined Twelve Months.
DARLEY— NOT GUILTY .
Before Mr. Recorder.
MR. HORRY conducted the Prosecution, and MR. LILLEY the Defence.
GUILTY.—Strongly recommended to mercy. — Confined One Month
PLEADED GUILTY.—Recommended to mercy by the Prosecutor. — Confined
MR. WARTON conducted the Prosecution.
ALFRED NICHOLLS . I am a waiter at the Kentish Drovers public-house, Old Kent-road—on Monday, 23d December, between 5 and 6 in the day, the prisoner and three more were playing a game of shove-halfpenny—Russell was one of them—while they were playing, George Norris, the deceased, came in—he stood there, leaning over one of the partitions there, watching the game, and he began interfering with it—he said the halfpence were not fair in between the lines—the prisoner cautioned him two or three times not to interfere, to go and sit down, and mind his own business—Fox pushed him to shove him away—the deceased had a pair of gloves on with the fingers off—he pulled the gloves off, and said he would serve him the same as a young man of the name of Thrower had served him; but I believe he made a mistake in the name, it was another party that Fox had had a quarrel with—as soon as he mentioned those words, Fox pitched into him, and Norris was pitching into him at the same time—they closed together, and were pushing one another, and by that Fox threw him on the ground, and fell on the top of him—Norris fell on the back of his head—I and Fox helped to pick him up after he lay there for a moment—he was insensible—some water was got for him, but he could not partake of it; it was put to his mouth, and he spat it out again—we put him on one of the seats in the tap-room, and he remained there until he was taken home—that was between 11 and 12 o'clock; but he was on the floor once or twice—he remained in an insensible state all the time—he was taken home on a truck by the doctor's orders—he was in liquor, but was not drunk—the prisoner had been drinking.
Cross-examined by MR. DICKIE. Q. You say he was on the floor once or twice after you lifted him on the seat? A. Yes; but I did not see him—I did not see him strike the prisoner in the face when he pulled off the gloves—as soon as he mentioned the words about Thrower, Fox pitched into him—I can't say which struck the first blow—I only know as soon as he pulled off the gloves, Fox and he had a round.
EDWARD CLIPSALL . I am a costermonger, of 11, Stockwell-street, Old Kent-road—on 23rd of last month, between 5 and 6 o'clock, I was in "The Kentish Drovers"—I saw a game of shove ha'penny going on with the prisoner and three more—Norris was interfering with the game, saying this was not fair, and that was not fair—the prisoner told him two or three times to mind his own business, as he was not playing it did not concern him—he continued to interfere, and the prisoner pushed him; not violently—Norris then pulled off his gloves, and threatened the prisoner worse than he had served Thrower; but he did not mean Thrower, he meant Nash—they then had a round—he pulled off his gloves and they had a bit of a scuffle; a fight—they both began it—they fought about a minute, and they fell together, Norris underneath—he fell on the back part of his head—he could not get up anymore till he was lifted up by the prisoner and the waiter, I then went away—he was insensible as long as I was there—they were both in liquor.
Cross-examined. Q. Was Norris in a much more drunken state than Fox? A. A little, he was not drunk, he knew what he was doing—I am quite sure he fell on the back of his head—when he pulled off the gloves, he came up in a fighting attitude to the prisoner—I was not in a position to see whether he struck him on the face—I cannot say whether he did or not.
EDMUND NASH . I am ostler at "The Kentish Drovers"—I was in the tap-room when this game of shove ha'penny was going on—Norris came out of the tap-room, and stood looking at the game—he interfered with it more than once, by calling the numbers—Fox cautioned him not to interfere—he continued to do so, and then Fox got up and shoved him away from that corner—it was a largish push, but he did not fall—he than took off his gloves, put them on the seat, and they then had one round in the tap-room—Fox began it by the shove, and then Norris turned against him—they both began the round—they had one round and then they came out of the box, and Norris went back on his head and Fox a top of him—Fox fell on his hands and saved himself and Norris went back on the crown of his head he laid insensible, and was taken up and put on the seat.
Cross-examined. Q. Did you see whether Norris struck the prisoner in the face? A. No; I cannot say that—they were playing very quietly at the game till Norris interferred—they had both been having a little to drink, but nothing to speak of—Norris was not drunk.
JOHN ANDERSON . I am a surgeon, in St. James'-place, Old Kent-road—I saw the deceased on 24th of last month—I attended him from that day to the 9th of this month, when he died—he died from the effect of a ruptured blood-vessel on the brain—there was a post mortem examination—he was quite insensible when I first attended him, from the effects of concussion—on opening the brain I found a large mass of blood resting on the fore part of the brain; that blood having come from a ruptured vessel—I saw no external injury except a slight injury of the upper lip—it is quite possible for concussion of the brain to take place, and to cause death, though there be no external injury—it is not an unfrequent thing—I attribute the rupture to concussion of the brain, it might be caused by a blow or fall—if he had been drunk at the time, it would make a rupture more likely to take place; the vessels would be much more distended, and to that extent it would be more likely they should give way—he never rallied.
WILLIAM STEVENS (Policeman, P 19). I apprehended the prisoner on 28th December—I told him he was charged with violently assaulting George Norris, at "The Kentish Drovers," and he must go with me to the station—he said, "Very well"—he afterwards said, "I was playing a game of shove ha'penny, he interfered with me, and I pushed him away."
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MESSRS. CLERK and POLAND conducted the Prosecution.
WILLIAM CHITTOCK (Policeman, M 66.) On 23d November, about half-past 1 in the morning, I was on duty with Bicknell, in Tooley-street, and saw the prisoner and some other men at the corner of Morgan's-lane—we were both in uniform—the prisoner was knocking at a public-house door—the house was closed and all the lights were out—he was knocking with his fist and kicking as well—Bicknell asked the prisoner what he was knocking for
—he said that he had left an umbrella in the house—Bicknell said that it was an improper hour to be knocking at the door, and advised him to go away—to said he should not, and Bicknell took him in custody—he was the worse for drink, and kicked Bicknell on the legs, and threw him down on his back—the other persons took the prisoner away from Bicknell, and as he was going away I took him in custody—I drew my staff to defend myself and somebody came behind me, caught me under the knee, and threw me on my back—he was then either rescued from me or got away, and came round and wrenched the staff out of my hand, and hit me across the forehead with it when I lying was on my back—he struck me a second time, and I believe again, for I have got two wounds on the back of my head, which I believe to have been done with my staff—I was lying on my back and could see him use the staff—I had a good view of his countenance—the second blow, which was on the back of my head, rendered me insensible—when I recovered my senses I was still on the ground, and the men were gone—I was taken to the hospital by my brother constable—I have been an outpatient several weeks, attended by a surgeon, who is here—I have not been able to attend to duty since—I did not know the prisoner before.
Cross-examined by MR. DICKIE. Q. How many people were there at the public-house door? A. There might be five or six—I drew my truncheon just before I took the prisoner in custody, after he was seized by my brother constable—I had not been attacked in any way then—I drew it as a protection after the prisoner was rescued from my brother constable—he was slightly the worse for drink—there was not a general row—the men were not all hitting at me—they showed fight, and I suppose you would call it a general row—I cannot say who threw me down—the prisoner was taken last Friday week.
MR. POLAND. Q. You say you drew your staff as a matter of protection, was that after the prisoner had kicked your brother constable? A. Yes, and after he was thrown on the ground.
JAMES BICKNELL (Policeman, M 276.) On 23d November I was on duty in Tooley-street, and saw the prisoner knocking at a public-house door at the corner of Morgan's-lane—there were four or five others with him—I asked him what he was doing—he said he had lost an umbrella which he wanted, and would not leave till he got it—I told him he had better go home and call in the morning for it, as the persons had gone to bed for some time—he said he would see me d—d first, and he would not go home till he got his umbrella—he was drunk and I was compelled to take him in custody he then knocked me down and violently kicked me—one of those who rescued him kicked me also—one of the gang rescued him from my custody—I did not see any blow on Chittock; I was lying on the ground at the time—I have been laid up ever since, and am not able to do duty yet—when I got up Chittock was on the ground insensible—some other constables came and assisted him to the hospital—he lay on the ground four or five minutes or more before he came to his senses—I was not present when the prisoner was taken—I was at the station last Friday week when he was brought there.
Cross-examined. Q. Were you quite sober? A. Yes—I had not had a drop to drink that night—that I swear—I was kicked on the knee when I had the prisoner in custody—I was holding him tight—I was not holding his legs—another man also kicked me on the knee—I do not know who he was—this transaction occupied five or six minutes—there was not a general scrimmage till I took him in custody.
THOMAS EVANS . I am a surgeon—on 24th November I saw the prosecutor at the hospital—he had a wound on his head, about an inch and a half long—I was unable to examine it very carefully because it had been dressed, and was covered with strapping—I could see that the skin was broken—there were also two wounds on the back of his head, such as might have been inflicted by a blunt instrument like a policeman's staff—he has been nominally under my care ever since—I also attended Bicknell.
GEORGE ARSON (Police-sergeant, M 9.) I apprehended the prisoner on 17th January, about 7 in the morning—I had been looking for him before that—I was specially employed for the purpose, I and another constable—we could not succeed in apprehending him, and therefore we left off looking for him, but on 17th January I succeeded in apprehending him—I have called at the Royal Oak by instructions—I could never find the prisoner there, if I had I should have taken him—I did not know who the party was—I took him on suspicion, through a description of the constable—I had a description of his clothes and hat, and so on—I took four men from the bottle warehouse close by—the master of the warehouse was placed with them and the prisoner—that made six, and Bicknell was sent for and identified the prisoner—Chittock was taken to the Southwark police-court by the gaoler on the Saturday morning to a cell where there were several other prisoners, and picked the prisoner out—I had been to the Royal Oak once to inquire for him—I have been to many other places—I went to all the dooks on the other side of the water—I did not ask the landlord of the Royal Oak if he could tell me who did it—I asked him if he could identify the man who left his house that night—he said he could not and I did not expect he would, being a customer, for it is a general rule not to identify customers—I did not give the landlord a description of him; I knew better—I do not know Darrell's corn wharf—I do not remember on 1st January being at the wharf, and seeing six or seven men amusing themselves by working one against the other—I pass there three or four times a day—I did not stand by and laugh, the prisoner being one of them—I was not there—I was not on duty on 1st January—I had never seen the prisoner since the assault—if I had I should have taken him.
COURT. Q. You did not see him till you took him? A. No—I have known him several years—there is a family of them—I knew where he lived and was employed looking after him—I was watching for him by his father's house but did not go there.
Witnesses for the Defence.
WILLIAM O'BRIEN . I am a corn porter, and know the prisoner to be a peaceable, hard-working man—he was at work with me three days previous to his being taken—he worked regularly at Mr. Mark's and Mr. Darrell's, at Pickle Herring, and at Coventry Down—I know Sergeant Arson—I saw him on 1st January at the Five Pipers, at Mr. Darrell's, and I saw him several times in plain clothes—the prisoner was there, and he watched us at work—the prisoner kept on with his work, and did not attempt to hide.
Cross-examined by MR. CLERK. Q. What day was it? A. I cannot say, but it was on a Wednesday, about 30th December, or the latter end of December—he works at Mr. Coventry's with me—I sometimes get two or three days work at one place, and two or three days work at another.
MR. DICKIE. Q. Is that the way you get your living when the barges come up? A. Yes; landing the corn—Arson was looking on at us for four or five minutes.
COURT. Q. Were you at the Royal Oak, in Tooley-street, on 23d November? A. No.
JEREMIAH SULLIVAN . I am a corn porter, and work at the wharf in Tooley-street—I have known the prisoner some time as a respectable, well-behaved man—he was at work with me last Friday three weeks, and two or three weeks following, at Mr. Darrell's—I was one of the party working there whom the last witness saw—I remember Sergeant Arson looking at us—the prisoner was there—that was last Friday three weeks—we then began the Baltic, and we finished on the Tuesday week following.
COURT. Q. Between the Friday and the Tuesday? A. Yes—I noticed him looking on because I did not know the meaning of it—he knew me to be a hard-working man—he gave me a nod—I know him very well—I pay him 6d. a week for calling me up of a morning—it did not strike me as anything extraordinary that he should see me at work at Darrell's—he was on his beat—when I say he looked on at that particular time it was only as any policeman might do.
DAVID WELSH . I am a corn porter—I know the prisoner to be a respectable, peaceable man—he worked ten days successively with me at this wharf during the last two months—anybody could have seen him who liked—I have seen him every day during the last two months in the neighbourhood of Tooley-street.
Cross-examined. Q. How many work together? A. According to how many are wanted; there are sometimes a dozen, and sometimes less.
CHARLES HENSHAW . I am a master and block maker, and have known the prisoner eight years—I always found him a very quiet, steady man—he lived close to my place for eight years—I have seen him regularly for the last two months, always attending to his business, and living at home.
Cross-examined. Q. Does he work for you? A. No—he lives in Darley's-buildings, Storey-lane, with his mother, I believe—I cannot tell you the number.
COURT. Q. What are your opportunities of seeing him? A. I have always noticed him coming to his meals, and the same of an evening going home to his work, going and coming regularly for the last two months—I have not been in Court—he has passed my place every day up and down Storey-lane.
MR. DICKIE. Q. You were only called as a witness to character? A. Yes—it was only by accident that you asked me a question—the prisoner has not left his lodging—he has lodged there since this transaction.
GUILTY on second count. — Confined Six Months
MESSRS. CLERK and METCALFE conducted the Prosecution.
THOMAS SHOOTER . I am acting inspector of letter carriers at the Southern District Post-office, Westminster-road—the prisoner was an auxiliary letter carrier in that office—he had also to sort letters—on 14th January he was employed there from a quarter past 5 till he had completed his 8 o'clock delivery, which would be about a quarter before 9—it was always very light on his walk—on the evening of the 14th he was engaged in sorting letters—I observed him clearing his own letters; taking them from the sorting-boxes to his own table, which we do not allow—I stopped him, and told him to let the regular man do it—I watched an opportunity, looked at the letters in his box, and found two thick letters which were not in his delivery, but which he had sorted to himself—he arranges the letters
for his delivery himself—there are thirteen men who sort the letters into the different walks, and he sorts together with the others into the sorting-boxes, and two men are employed to collect them to their own tables—the prisoner would sort letters to any walk, or all the walks—each carrier then goes to his sent or table and arranges the letters for delivery—the prisoner was not one of those two men who had any right to collect for his own table—there are three roads for the country letters; the Norwood, the Croydon, and the Carshalton—there was one thick letter for Clapham, and a letter for Mr. Morgan, of the Waterloo-road walk, which he sorted to his own walk, the Vauxhall walk—I put those letters back into the sorting-box, and allowed the regular man to collect them and take them round to his walk—they ought not to have been in the prisoner's walk—that excited my suspicion, and about twenty minutes after that I called him to take a Croydon bag to the cart downstairs, and in the mean time I went to his letters, because I thought perhaps he might have missorted them, but these two thick letters were still among his, at his seat—I took no notice of it, and each man tied his letters up and went out on delivery, and just before the prisoner went downstairs I called him, and said, "I want to examine your letters"—he took them from under his great coat, and I found these two thick ones, and five or six others which belonged to other men's walks, among his own—I told him that he ought to be ashamed of himself, and I should not allow him to go out on delivery—I sent some one else out with the letters, and then said, "Have you any more letters in your possession?"—I think he said, "Mr. Shooter, you are very hard; very severe," and he took out of his pocket nineteen letters, and handed them to me—I have some of the envelopes here, the letters have been delivered—they were not on his walk—some were for Croydon, and some for Carshalton—they bear the post-office mark of that day—they ought to have gone out at that time—the dispatch to the country was at a quarter before 8—some of them were Brixton, Streatham, Merton, and South Lambeth—I do not think any of them bore two stamps—these are they (produced)—when he produced them I said, "I have sent for a police-constable"—I asked him if he had any more, and he took out this packet, addressed to "Sim, Esq., Nonsuch-park, Cheam," containing a silver breast-pin—that also ought to have gone by the same delivery—it bears the Epsom post-mark of that day and the London poet-mark also, showing that it had been posted at Epsom, and had come through our office—an officer came and I gave the prisoner in custody and followed him to the station—Dawson searched him in my presence, and took from him a letter addressed to Mrs. Bullen—it was open—it seemed to have been the contents of another letter—there was no envelope—it contained a money order for 2l.—Dawson also produced an envelope addressed to some one at Hastings—I do not know the name—among the nineteen letters found in his pocket was one to "R. Titman, Croydon barracks," in which I found the halves of four 5l. notes—there was another letter addressed to Mrs. Detman of Lambeth—I delivered that to her and saw it opened—it contained a sixpence—I took the packet containing the pin to Mr. Sim, who opened it in my presence—when I told the prisoner he ought to be ashamed of himself—he said, "I can't think what I have been about."
Cross-examined by MR. DICKIE. Q. How many men are there in the room? A. Nearly thirty—the prisoner has been with us about a twelve month—his wages were 10s. a week—he was an auxiliary letter-carrier.
MR. CLERK. Q. Have all the auxiliary letter-carriers some employment
besides? A. Yes; I believe he was a French polisher—he said so—he has the whole of the day to himself.
MR. DICKIE. Q. Do you know whether he was at work? A. I do not—I believe he has a wife and three children.
WILLIAM DAWSON (Policeman, L 140). On 14th January, about half-past 8, I took the prisoner at the Southern District Post-office—I searched him at the station, and took from his pocket a letter containing a post-office order for 2l. and an envelope which was open and had no stamp—I also found this envelope (produced) addressed "Miss C. Hill, Argyle-house, Hastings," which was open—there was no letter in it—I also found an envelope addressed, "Mr. Balderstone, Croydon Chronicle"—I asked the prisoner where he resided, and went to his house and found a letter addressed to Sergeant Titman, Coldstream barracks, Croydon, containing the halves of three 10l. Bank of England notes—it was open in a desk—it had on it a postmark of 13th January—I also found twelve postage-stamps which were not obliterated—part of the envelopes were adhering to them, and part of the addresses to some of them.
Cross-examined. Q. Whom did you see? A. His wife and three children—his wife is to all appearance likely to have another child soon.
MARY ANN CLARE . I am the wife of William Clare of Islington—on 14th January, I wrote a letter addressed "Mary Ann Watkins, at Mrs. Bullens, 4, Kennington-place, Upper Kennington-lane, Kennington"—I inclosed in it a post-office order for 2l. to Mrs. Bullen, and some postage-stamps in a small envelope which I put into the other envelope, and a stamp—the first envelope was adhesive—this is the letter—on the inner envelope there was only a small private memorandum—I gave the letter to my servant, Sarah Jupp, between 3 and 4 o'clock to take to the post-office.
ESAU COLLINS . I am quarter-master of the third battalion of Grenadier Guards—on 14th January, I wrote this letter to drill-sergeant Titman, and inclosed in it the halves of four 5l. Bank of England notes—I put it in the usual place in the orderly room to be posted—I have the other halves of the notes.
EMILY JANE PICKERING . I live at 9, Pigott-street, Lambeth—on 14th January, my mother, in my presence, made up a letter addressed, "Mrs. Dillnutt, Lambeth"—I put a sixpence in it—she fastened it in my presence and my little cousin posted it—this is it.
GUILTY .— Five Years Penal Servitude.
There was another indictment against the prisoner.
Before Mr. Common Serjeant.
MESSRS CLEAR and POLAND conducted the Prosecution.
in about 5 or half-past, and asked for some bacon—I served him with half a pound, which came to 4 1/2 d.—he gave me 1s.—I gave him change, and he left the shop—I put the shilling in the till; there was no other shilling there—a few minutes after he left, Mr. Byatt, a butcher who lives in New-cut came in—from something he said to me, I looked in the till and took out the shilling I had just put in—I examined it and found it bad—I put it by itself on a shelf—in about a half or three-quarters of an hour the prisoner came again—I saw him when he came in—I knew him again—I spoke to my husband and called his attention to him—I saw my husband serve him—the prisoner gave him a half-crown.
COURT. Q. What became ultimately of the shilling you laid on the shelf? A. I saw my husband give it to the policeman.
Prisoner. At the police-court you said that you never took the shilling out of the till after you put it in; that your husband found it out, not you (The witness's deposition was here read over). The case has been altered since it was stated at the police-court—I was never in her house but once.
Witness. I am sure you are the man who was there the first time.
MR. CLERK. Q. Was it on the Tuesday, the same day that he was taken into custody? A. Yes.
MORITZ SCHRADER . I am the husband of the last witness—on the evening of Tuesday, the 7th, at half-past 5, I saw the prisoner at my house—my wife made a communication to me when he came in—the prisoner asked to be served with some pork chops—I served him—they weighed just a pound, which was 8d.—he tendered me a half-crown—as soon as he put it down on the counter I said, "This is a bad one, you are the same man who was here half an hour ago with this bad shilling"—he said, "No, I am sure I was not"—I then sent for a constable—just before the constable came he said, "Well, here is 2s. to square it, you are not the man to hurt me," and he threw down a good two-shilling piece—the constable came in, and took him in custody—I gave the constable the half-crown, and also the shilling from the till which my wife says she took from him.
Prisoner. If I gave her a bad shilling, it is not likely I should go and offer him a bad half-crown, I said, "Well, I have been drinking in a public-house not far from here, but I know where I took that bad half-crown." Witness. You did not say anything of that—you denied being in the shop before—you did not say that you knew where you had taken the half-crown, and that if I would send a policeman with you you would show him where you took it.
MR. CLERK. Q. Did Mr. Byatt give you a bad half-crown that evening? A. Yes—I saw him that evening, but not at the time that he spoke to my wife about the bad shilling—it was afterwards that he gave me a bad shilling, and I gave it to the constable.
COURT. Q. Did Mrs. Schrader speak to you before this man threw down the half-crown? A. Yes—the very moment he came up to the window to pick out the chops, she said, "That is the very man that came and passed the bad shilling"—that was not in the prisoner's hearing.
ALEXANDER HADDON . I am barman at the New Inn, Westminster-road, which is, I should think, about a dozen yards from the New-cut—on Tuesday, 7th January, the prisoner came there about from half-past 4 to 5 in the evening—I served him with a pint of porter, which was 2d.—he gave me a shilling—I noticed it was bad, broke it in two, and put one piece on the counter—I told him it was a bad one—he did not say anything—he took up the piece that I put on the counter, put it in his pocket, and gave me a good
shilling—I gave him change, and he went away, taking the piece with him—I kept the other piece, and afterwards gave it to the constable, when I heard the prisoner was in custody.
Prisoner. Q. Was I drunk or sober? A. You came in pretending to be drunk—it was on Tuesday, the 7 th, that you were there.
COURT. Q. Had he been in the habit of frequenting your house? No; that was the first time I saw him.
ABRAHAM BUNTON (Policeman, L 120). I took the prisoner into custody at Mr. Schrader's on Tuesday evening, the 7th—I received a counterfeit half-crown and two bad shillings from Mr. Schrader—I searched the prisoner, and found on him a two-shilling piece and a sixpence, both good—Haddon gave me the broken part of a shilling—that was on Wednesday, the 21st, a fortnight afterwards, when the prisoner was remanded—these (produced) are the coins—I believe the prisoner had been drinking when I took him in custody—he was sober, and knew what he was about—he was remanded till Wednesday week—he was committed on the 15th—Haddon gave me the broken shilling on the day he was examined—one of these shillings is marked.
Prisoner's Defence. On Tuesday I took my money where I had been at work. I went to have something to drink; a woman came in while I was drinking, and asked the barman to give her change for a half-crown. He said, "I cannot;" I said, "Well, I will oblige you," and I gave her five sixpences for the half-crown, which I put in my pocket along with some other money which I had. I came out about 5 o'clock, and as I was going towards home the pork-butcher asked mo what I would like to buy. I had a pound of pork chops, which he said I could have for 9d.; his wife said, "You have been in the shop before, and given me a bad shilling." If I had been there before, is it likely I should have given him a bad half-crown? I was never there before in my life, nor was I in the public-house before. They gave their evidence at the Court that I was in their shop on Wednesday evening, the 8th, when at that time I was in Horsmonger-lane gaol. I was taken on the 7th.
NOT GUILTY .
MESSRS. CLERK and POLAND conducted the Prosecution.
ROBERT BYATT . I am a butcher, of 54, New-cut, Lambeth—on Tuesday, 7th January, the prisoner came, picked up the pieces of meat off the board, and tendered me a shilling—I detected it in a moment, and said it was had—he said that he knew where he took it, and wanted me to give it him back—I refused, and he left—I instantly followed him to Mr. Schraders, who lives two doors from me—I had seen him leave their shop previous to coming to mine—he passed into Mr. Schrader's with something in a paper; then he went to a public-house at the corner, and from there came to my shop—I made a communication to Mrs. Schrader, and afterwards gave Mr. Schrader the shilling, which had never been out of my sight.
Prisoner. Q. What time was it? A. Between 5 and 6—I swear you were in my shop—I did not press the charge against you at first, because we had an affliction in the house; but I went to the police-court the second time—I did give my evidence first that you were in my shop on the Tuesday
when you were in Horsemonger-lane; but I corrected that afterwards when I took oath to it.
Prisoner. Q. Did I come in when your husband was there? A. Yes; and I told him you were the same man who came before—this was before you had the pork.
Prisoner. Q. When I was passing your shop did not you ask me what I would buy? A. No; I was not outside the shop—I was inside—I have got no pony, and was not outside with it—my wife said, "That is the same man that passed a bad shilling to me this evening"—that was before you laid down the half-crown, while you were outside picking up the chops.
GUILTY .—He was further charged with having been before convicted.
JOSEPH BUTCHER (Policeman, B 109). I produce a certificate—(Read:—"Central Criminal Court, William Morris convicted November, 1860, of uttering two counterfeit shillings on the same day.—Confined Twelve Months)—I was present—the prisoner is the person—I had him in custody.
Prisoner. I own that I was here before.
GUILTY. **— Five Years' Penal Servitude.
MESSRS. POLAND and O'CONNELL conducted the Prosecution.
MARY ANN CLEAVER, JUN . I live with my parents at the Leopard coffee-house, Newington—on Monday evening, 30th December last, I was at home—the prisoner came between 7 and 8 o'clock that evening, and asked for a cup of coffee, and a slice of bread and butter—I served him—they came to 1 1/2 d.—he gave me what I supposed to be a shilling—I gave him change, and put the shilling in the till—there was no other shilling there; only a sixpence, a fourpenny-piece, and some halfpence—he went away then—my mother was there and said something to me after he had gone; in consequence of which I took the shilling out of the till and gave it to her—I saw her give it to a lodger—I did not lose sight of it at all—I saw the lodger put it between a split piece of wood, and put it into the fire, and it melted in no time—on the following Wednesday, 1st January, I saw the prisoner again about the same time in the evening—I recognised him immediately—he ordered a cup of coffee and a slice of bread and butter, and paid with a shilling—I called my mother's attention to him as soon as he came in at the door—I passed the shilling he then gave me to my mother—a policeman was then sent for.
MARY ANN CLEAVER . On Monday, 30th December, I saw the prisoner at the coffee-shop—I did not know him by sight before—I saw my daughter serve him, and after he had gone I spoke to her—she went to the till and took out a shilling—there was no other shilling in the till—I had taken the money out of the till a few minutes before he came into the shop—the shilling was put between a piece of wood, and held just within the fire—it melted directly—on 1st January I saw the prisoner come in again—my daughter spoke to me; but I knew him before she spoke—I saw her serve him, and saw him give her a shilling—she gave it to me; I examined it, and found it was bad—I went to the prisoner and told him I should give him into custody—he said, "What for?"—I said, "Because you have brought a bad shilling here to-night, and one on Monday night"—he said "Oh no, not me"—I said, "I am positive you are the same person; I shall give you into custody"—he said, "For God's sake don't give me into custody,
for I shall lose my situation; and if I lose my situation it will be the ruin of me"—I told him if he was a respectable person he had no need to fear going to the station—he did not say where his situation was—he gave me no address—I sent for a constable and gave him in custody—the shilling which my daughter had given me I gave to the inspector at the station, and saw him give it to the police-constable.
WILLIAM MARKWELL (Policeman, A 476). I took the prisoner in custody on 1st January, and received this shilling (produced) from the last witness—the prisoner said he had just come from Chester a few days before, and had been lodging in Cheapside, but he would not say where—he said that it was not he who passed the first shilling—I searched him and found two halfpennies on him.
WILLIAM WEBSTER . This is a bad shilling—bad shillings melt almost instantly when they are put to the fire—a good shilling would not—you could not get sufficient concentration of heat in a common fireplace; you must have a furnace.
Prisoner's Defence. I came from Chester a few days before this occurred. I went to a pawnbroker and pawned my coat for 4s., and must have got the shilling there. I did not go to the shop the two days before, as the woman says I did; I was never there before in my life. This (produced) is the duplicate I received for the coat (Read:—"A coat, 4s. John Williams, 30th December.")
GUILTY.—Recommended to mercy by the Jury it being his first offence. —
Confined Six Months.
ADJOURNED TO MONDAY, MARCH 3d, 1862.