CENTRAL CRIMINAL COURT
CUBITT, MAYOR—SECOND MAYORALTY.
FIFTH SESSION, HELD MARCH 3RD, 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, March 3rd, 1862, and following days.
BEFORE the Right Hon. WILLIAM CUBITT, Lord Mayor of the City of London; Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir Samuel Martin, Knt., one other of the Barons of Her Majesty's Court of Exchequer; Sir Henry Singer Keating, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir James Duke, Bart, M.P.; Sir Francis Graham Moon, Bart,; and John Carter, Esq., F.A.S. F.R.A.S.; Aldermen of the said City; Russell Gurney, Esq., Q.C. Recorder of the said City; Warren Stormes Hale, Esq.; Thomas Gabriel, Esq.; John Joseph Mechi, Esq.; Edward Conder, Esq.; Thomas Dakin, Esq.; and Robert Besley, 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, March 3rd, 1862.
PRESENT.—The Right Hon. the LORD MAYOR; Sir JAMES DUKE, Bart., M.P. Ald.; Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. RECORDER; Mr. Ald.HALE; Mr. Ald. MECHI; and Mr. Ald. DAKIN.
Before Mr. Recorder.
MESSRS. SLEIGH and GIFFARD conducted the Prosecution, and MR. ROBINSON the Defence.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY .—The prisoner received a good character, but the prosecutor stated that his embezzlements amounted to 130l., and that he had previously forgiven him a deficiency of 49l. —Three Years' Penal Servitude.
PLEADED GUILTY .— Three Years' Penal Servitude.
He received a good character.
PLEADED GUILTY.*— Confined Nine Months.
PLEADED GUILTY .—The prisoner's father stated that he had recently got into bad company, previous to which his character had been good.— Four Years' in the Industrial School at Feltham.
NEW COURT.—Monday, March 3d, 1862.
PRESENT—Mr. Ald. MECHI; Mr. Ald BESLEY; and Mr. COMMON
Before Mr. Common Serjeant.
(See page 405).
MESSRS. SLEIGH and GIFFARD for the Prosecution, offered no evidence.
NOT GUILTY .
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY.**— Three Years' Penal Servitude.
PLEADED GUILTY .—Recommended to mercy by the prosecutors.— Confined Nine Months.
MESSRS. SLEIGH and LEWIS conducted the Prosecution.
FREDERICK PONTIFEX . I am in the employ of Messrs. Pontifex, copper-smiths and engineers, of Shoe-lane, Holborn—about 3d or 4th August, Sheen and a tall man came—he gave the name of "W. R. Hughes, & Co., 13, I think, Broad-street-buildings"—he said that he was a merchant, and ordered some spirit measures and a tap, the value of which was 2l. 10s.—they were delivered at 13, Broad-street-buildings, and two days afterwards I went there, and saw Keeling and the foreman—I mentioned to Keeling that the goods had been delivered, and asked for payment—he said that Mr. Hughes was not within, and he really did not know anything about it—I then left—on 5th August I received this other order (produced), and then wrote to Messrs. Hughes for a reference, as we had not done business with them before to any extent—this (produced) is the answer to my letter, and I declined to send the goods—we have not received the 2l. 10s. for the goods which were delivered.
COURT. Q. Did you send the first order without inquiry? A. Yes; it was only one or two things for him to look at as a sample.
Cross-examined by MR. PALMER (for Sheen). Q. Was it your business to receive those letters and to write for references? A. Yes—it was mentioned that the goods were for Hughes and Co.
HENRY WEBBE . I am an auctioneer and upholsterer, of 2, Newport-street, Pimlico—I have known the prisoners since May, 1860—I knew Keeling at King-street, St. James's, trading under the name of Monck, Keeling, and Co., wine merchants—I knew Sheen in Duke-street, St James's—I do not know what he was—in July, 1860, I knew them both together at 83, Upper Thames-street, and 3, Little Bush-lane, as general merchants, under the name of James Burns, and Co.—that was the last time I knew
them together—Keeling afterwards appeared as an insolvent at the Court, at my suit, for 40l., and was imprisoned for seven months—his name is Keeling so far as I know—I have seen both the prisoners write numbers of times; both these letters are Keeling's writing.
Cross-examined. Q. Have you known Keeling some time? A. Since May, 1860—I never heard that he was once in Mr. Stubbs' Protection Society—I did not get the bill of exchange I sued him for; he was in Whitecross-street for it—I have not had it yet, and am not likely to get it—about two days before the prisoners were remanded I met Sergeant Joy, who asked me if I had seen Keeling and Sheen write—I said "Yes," and he asked me to attend—when I trusted them with this bill they were trading with Morris Smythe, in May, 1860—I knew them in Bush-lane in July—I knew Sergeant Joy thee, and told him—I also told Smart, a detective, and he stopped numbers of goods which had been delivered there, and some hams—I did not do that on my own responsibility, but upon information—I am an upholsterer, but I considered it my duty as a tradesman to interfere with hams or anything eke I found them getting—I have made it a part of ay business to check these people wherever I could, because they sold the goods three days after they got them—Sheen was not a party to the bill, but he told me he was a partner of Keeling's—I have seen them write, in Upper Thames-street, numbers of times, and I have a down letters of Keeling's, excuses for non-payment, and non-appearance—I only had one transaction with him; it was for 60l. or 70l., and the bill of exchange was given in part payment, on, I think, 30th May—since then I have thought it my duty when they were trading under a fietitious name to give information to the police—I had communicatios with them to ask for payment, not for my bill, for extra beyond the bill, for goods I had supplied—I was under the instructions of the police—I saw them three or four times there, and have communicated with them several times since—up to the time they were charged, I commuuicated with the police if I knew anything.
MR. SLEIGH. Q. You communicated from time to time with the police to prevent the public being defrauded? A. Yes.
ANGELO CRISP . I am a porter residing at 58, Lincoln's-inn-fields—I formerly lived at 32, Fenchurch-street—Sheen took offices there on 22d January, 1861, in the name of Leslie and Co., which was painted up in four or five places—he represented himself as Mr. Leslie—he did not remain three months—his rent became due, and was twice applied for; he did not pay it, and there was a notice pot on the door—his goods were put out on the landing because he did not pay—I do not know Keeling.
Cross-examined. Q. How long after the rent was due were the goods put out? A. Not many days—because they demanded his rent and it was not forthcoming—the prisoner nearest to me is Leslie—I believe he paid the rent in advance when he took the rooms, but I had nothing to do with it—it is the landlord's custom to take it in advance.
HENRY JOY (Police-sergeant, C 9). I have known the prisoners between two and three years—I knew them in May, 1860, in the name of Stanley and Co., 9, Duke-street, Westminster—I had occasion to ask each of them his name; Sheen gave the name of Shine, and Keeling, Keeling—I took Sheen in custody on the 9th, and took this book (produced) from his pocket—he wanted to give it to his companion, but I took possession of it, and have retained it ever since.
Cross-examined. Q. Have you known one longer than the other? A. It may be a little longer—I do not know whether Keeling was in Mr. Stubbs'
office—I knew Sheen in St. Martin's-lane; his master died, and he managed the business for the widow.
THOMAS WAVELL . I am chief inspector under Stubbs' Protection Society—this prosecution is conducted by them—I have known the prisoners about two years—neither of them have been officers of that society since I have been connected with it—I first knew them by the name of Stanley and Co., 9, Duke-street, Westminster—the first time I saw them was at Marlborough-street police-court, in June, 1860, in charge—I then knew them as Stanley and Co.—I next knew them as Burns and Co., in Little Bush-lane, and afterwards as Dodson and Co.; and in August or September last as Hughes and Co., at 13, Broad-street-buildings—I paid a visit to that establishment and saw Sheen—he asked me why I had come there—I said, "In consequent of having so many inquiries about the firm"—he knew that I belonged to Stubbs' Trade Protection Society—I said that I was surprised to see him there, and the name of W. R. Hughes and Co. put up; I said, "Why do you use the name of Hughes?"—be said, "Keeling has a relative named Hughes, and that is the name we use "—he did not tell me he had relatives named Stanley or Burns—I said that I was astonished after what had happened that he should come into the City and use the name of Hughes, and asked him for Keeling—he said that he was not within, and asked me why I came; was it to give him some wholesome advice—I said, "Yes"—I met Keeling in Thames-street shortly afterwards, and made the same observation to him that I was astonished to find him trading in the name of Hughes and Co. after what had happened at Malborough-street—I advised him to alter his course, and we parted.
Cross-examined. Q. As an agent to Stokes you do not know Keeling? A. No—I was not with Inspector Field previously—there are forty or fifty people in Stubbs' society who I do not know—there was an intimation from Sheen, at Bow-street, as to Keeling having been in the employment of Stubbs, and I made inquiries, and heard that he was there, but was employed as a messenger, or lad to carry out letters—I was at Marlborough-street, but not as a witness—Mr. Lewis was there defending the prisoners—I believe they were sent for trial, but I was not there at the time.
MARY CLISBY . I am a widow, and am housekeeper at 40, St Mary-are, which is let out in offices—in November last the prisoners looked at some offices there—Sheen gave the name of Martin, in Keeling's presence, Keeling gave no name—I never knew him as Anderson, but a hamper came there for Mr. Anderson, and Anderson, Martin, and Co. was written up—the prisoners were in those offices at the time of their apprehension.
Cross-examined. Q. Was the name of Martin and Co. placed on the blinds? A. Yes; and over each of the doors—they took the premises in the name of Martin, Anderson, and Co.—I saw several other persons there at different times—I saw a notice put up once when Martin and Co. went out, "Return in an hour "—I was the principal person to see them when the place was let—I did not ask for a reference; Mr. Brice did that—he was satisfied before he let the place.
Keeling. Q. Did you not recognise me the entire time I was there, as a clerk in the office? A. Within a week or two of Mr. Martin leaving, he rang my bell to say that his clerk had misbehaved himself, and I was not to allow him to enter the office again; and, therefore, I refused to allow you to come there on Saturday evening—you invariably told me that you would get the money for my small account when Mr. Martin or Mr. Anderson came in, and you did so when they came in—I did not know from your
conduct whether you were the clerk or not—you paid for the hamper that came for Mr. Anderson, and took it away, and therefore I thought you must be Mr. Anderson—you did not say whether it belonged to you or who—you sever told me you were Mr. Anderson, and I never knew you were a clerk till Mr. Martin forbad your going into the office; you then went away and never came back—Mr. Brice did not mention to me that you had anything to do with taking the offices—I do not know what took place between you and Mr. Brice—I know nothing about signing any agreement—you said that you bad taken the place, and Mr. Brice had given you leave to bring some goods in—if 1 had not considered that you were a principal, I should never have admitted you—1 never allow anybody to go into the office when I am forbid to do so.
ANN HESSE . I am the wife of Dr. Hesse, of Broad-street-buildings—in June, 1861, the two prisoners had offices in our house, in the name of W. R. Hughes and Co.—they were there six weeks—they did not leave of their own accord—when Keeling took the offices he gave the name of John Keeling—I did not know anything of Sheen till some time afterwards—they paid no rent.
Cross-examined. Q. Was Keeling there some three or four weeks before Sheen came? A. Yes—Keeling told me that Sheen was his clerk, and was a relation of his—Keeling told me that he traded in the name of Hughes, as be had traded in that name in Dublin, and had a brother-in-law of that name—I knew that his name was Keeling—several persons came to and fro, but 1 had nothing to do with the offices—persons came in and out in the ordinary way that offices are used; and I have stopped the trade by telling such persons who came, to be careful that they did not deliver their goods without the cash—two days before the prisoners left, I told some one so; but we knew it from the first—I saw what they were, and I told the people that came to be careful—they had only been a few weeks at the office before I saw what they were; and they only remained six weeks—they were quarterly tenants—they did not enter at the half-quarter—it was after the rent was due that I saw this, and I told them on the Saturday that they must leave on the Monday, and that during their being in my place I should caution every one—I did that because I had reasons—there were so many people coming to ask for money, and they always denied it—the prisoners always said that their master was not at home—I had nothing to do with the offices; but there was such a great deal of noise that I sometimes went down stairs to see what it was, and that was how I knew that people sometimes called for money, and they said the master was not at home; and we knew at the time that Sheen and Keeling were in the office—we had the whole of the house, except a few offices on the ground floor—I could hear everything from my room, which is only up one flight—I did not answer the door—1 sat in the room over their offices, and I could hear much noise, and there were a great many gentlemen coming there for money, and making a noise—they were scolding or angry.
Keeling. Q. Did not you mention to me that this disturbance occurred when I was away for two or three weeks in the country? A. Yes; but it happened also when you were there, and you knew it very well—it never ceased while you were there, until I got you out—it is not true that nobody went away while you were there without being paid—I asked you the reason you put up W. R Hughes and Co. over the door, and then you told me that you never mentioned the name to the agent—that was the reason he was surprised to see it on the door—yon told me yourself that Mr. Fox
never went to your reference, that he never troubled himself for any reference—he did not tell me that he had ascertained that you were respectable people—he said that nothing could be done till the quarter, when we could give you notice—be showed me some letters from your brother on 24th June—you took it from 24th June, and the rent was due in three months—it was you who took the offices.
SAMUEL DICKINS . I am a lodging-house keeper, of 4, Norfolk-street, Strand—the prisoners came to lodge there in December—Sheen gave the name of Martin, and Keeling that of Henry—Sheen gave me their card—it bad on it" Anderson, Martin, and Co. merchants, 40, St. Mary-axe"—he gate it to me as a reference—my rent was not paid—they lived together, and occupied the same bed—they had a portmanteau and a trunk; the trunk contained some bricks and iron, and a carpet; and the portmanteau some iron, and dirty linen, and papers—1 took those things for my rent.
Cross-examined. Q. No, you did not; you took a bill of exchange. A. Yes—the portmanteau bad "Anderson, Martin, and Co." on it, on a bam plate—it contained papers—they were at my place five weeks—they had a sitting-room and bed-room—they gave the card of Anderson, Martin, and Co.—they referred me to the office, but I did not go—one of them said, "We are from Anderson, Martin, and Co." and I let them the rooms.
Keeling. Q. You say they took the rooms; who took the rooms and made the arrangements? A. In the first instance my wife saw Sheen, and in the second I saw him—you were not present—you were not there quite five weeks—you were there a little more than a month—the bill of exchange is dated 3d January—you had been in my apartments not a week previous to that date—you were there after the bill was given—1 think you left just at the beginning of January—I made no demand on you for any rent on the day you left and gave me up your key—I did not consider you responsible for any rent: I considered that Sheen would pay the whole amount, as he took the rooms—I did not see Mr. Anderson when we went down to the office to get this bill of exchange—I saw a person named Smith, who said he would take care you did not come there again—I thought he was one of the principals in the firm at St Mary-axe—I saw a tall young man; but be told me his name was Page, not Anderson—I understood that you were dismissed from the employment—he said you should not come there again.
MR. PALMER. Q. During the time they were there, have you not seen Sheen with considerable sums of money? A. I once saw him with some notes—he was there five weeks.
MR. LEWIS. Q. Did you ever get any of them? A. No—this is the bill of exchange (produced)—I saw Sheen sign it in the name of A. Martin—it is "Payable at our office, 40, St. Mary-axe"—I saw him stamp it," Anderson, Martin, and Co."—I have not still got the bricks, the policeman fetched them away.
COURT. Q. Did you understand where the office was? A. 40, St Mary-axe—Sheen told me that if I went to the office at 5 o'clock, my bill would be paid—I went, and Sheen presented the bill to Mr. Smith, who said, "No; I shall not advance any money, if you squander your money like that, unless your father authorises it;" and then Sheen called me into the other office, and said, "You see I cannot pay you now because I have overdrawn my account, will you take a bill?"
THOMAS EMMENS . I delivered some chairs at 40, St Mary-axe, to Keeling—I asked for the name Anderson, Martin, and Co.—he said" All right; bring them in," and I left them there—I saw Sheen there—Keeling afterwards
came to my master's warehouse, and said, "You have sent some chairs, have you not, to Anderson, Martin, and Co, 40, St. Mary-axe?"—I said, "Yes"—he said, "They have not been paid for"—I said, "I don't know"—he said, "You had better look after them as soon as possible, or else you will not obtain them"—he said that they were not Anderson, Martin, and Coat all; but mentioned some other name—this was about a week before the chain were removed.
Cross-examined. Q. Did he seem hurt or angry? A. He seemed a little bit excited—he did not tell me that he had been used very ill, and turned out, nor did he say to in my hearing; but I heard from another party that he had heard so—it was three or four weeks after the chairs were delivered.
HENRY SCHOOLBRED . I am in the service of William Hampton—I recollect some carpets being tent to Martin, Anderson, and Co. 40, St. Mary-axe—Keeling came to me shortly afterwards to say that he had been very much abused by the firm; that he was their clerk, and they had turned him out—I asked him if there was any probability of getting the goods or the money—he said we might get the goods, but not the money; and if we saw Sergeant Joy he would be able to give us some information—he said they were a parcel of swindlers from top to bottom, tad the firm was a complete hoax—we did not get paid for the carpets.
Cross-examined. Q. When did you supply them? A. On 25th November 1861, and I was called on 6th or 7th December, about ten days afterwards—they were not in custody then—in consequence of what Keeling told me, I went to 40, St Mary Axe, and asked for the money—we had sent the bill with the goods, and requested a settlement—we sent a stamp which was either torn off or brought back—we did not exactly give them credit for the goods—the understanding was that they were to be paid for on delivery, but our man came back with another small order for mats, and said that the money would be paid—we did not take the carpets up again, because it would be a great loss to us—we were rather short-handed, so we let the matter stand over.
Mr.LEWIS. Q. You bettered that them was such a firm? Yes—I have since seen the carpets in pledge at Jones and Banner's.
Keeling. Q. You said that it was ten days after the carpets were put down that I called? A. I said more than ten days—it was not six weeks—it was not 6th January when you called, it was 6th December—Sergeant Joy said that he was looking after Sheen at the time; and the next time I saw Joy shortly afterwards, he said, that he had got Sheen all right—if my memory serves me right, it was in December that you called, but it may have been January.
MR. PALMER contended that the prisoners had not taken the name of any trading firm. THE COURT considered that it was for the jury to decide whether the prisoners had taken the name of W.R. Hughes and Co. for the purposes of fraud.
Keeling's Defence. I took the office in Broad-street-buildings in my own name, and explained to the agent that I was doing business with my brother-in-law, Mr. Hughes, in Dublin, who had been in business with me previous to my leaving Dublin. Mr. Fox went down and had an interview with my brother at the West-end. I called on him a few days afterwards, and he expressed himself perfectly satisfied. I took the offices in June; my rent commenced at quarter day. Mr. Fox told me he would call on Dr. Hesse and tell him that he was satisfied of my respectability, and that I might have possession in a few days. I called afterwards and saw
Dr. Hesse and he told me the agent had seen him, and he was quite satisfied, and he gave me the key. I think Mrs. Hesse was then present; I explained to her that my brother-in-law was in Dublin; that his name was Hughes. I got an order from a gentleman in Ireland for some of those measures that have been spoken of I did not know much of the large manufacturing houses in London; and Mr. Sheen having longer experience than I, I happened to mention to him that I wanted some measures, I said a very small quantity at first, to see if they would suit. He happened to know Messrs. Pontifex, and I asked him to call and select some for me. He did so, and selected one set, amounting to 2l. 10s. My brother-in-law was in London then. I had just before that told Mrs. Hesse that my brother-in-law was coming up, and he would arrange all the accounts; that is why, when the man brought those things up, he was told that Mr. Hughes was not at home. As regards the two firms with which they have endeavoured to identify my name, Leslie, in Fenchurch-street, and at Pudding-lane, I was not there at all. At the time of the existence of those two firms I was in Whitecross-street, till the end of April, 1861, when I passed through the court. Mr. Webbe has alluded to a firm called Monck, Keeling, and Co., and I asked him to produce the card which he saw; there was never an office of such a firm in existence. At that time, in May, 1860, I was clerk to a Mr. Smythe, who had offices in St. James'-street, and having some capital I invested it in the purchase of some wines. I knew a gentleman of the name of Monck, in Dublin, a spirit merchant, and he asked me if I would try and get him some orders here. I said I would, and he had some papers printed with the name of Monck, Keeling, and Co., on them, and sent them over to me. I sent them back, and said that it would not suit my purpose to carry on an agency of that sort, consequently there were never any cards printed, nor any names put up over the office, nor did I ever do any business or send out any circulars, or any business letters in such a name. With reference to the firm of Burns and Co., in Bush-lane, I had no connexion with it. I was engaged by them when the firm was first established there. I was never even seen in it; but I was offered a commission if I would dispose of some goods for them at certain prices. I endeavoured to do so, and I made a little money for two or three weeks while I was connected with them. Mr. Webbe came to me there. I told him I was engaged by Mr. Burns, doing commission business, and I wished him not to have me arrested at that time; but that I would pay him so much a week off his bill; that was in July. The firm of Stauley and Co. was in existence at the very time that I was doing business in King-street, St. James's ; I was only in that office twice altogether. I was engaged at St. Mary-axe as a clerk. It has been endeavoured to identify me there as a partner, which I was not. I was only there for three weeks altogether, and at Christmas, the housekeeper, according to her own statement, received instructions not to allow me into the office if I came there, and when I presented myself about 2d or 3d January, and wanted to get some papers of mine which were there, and told her to come into the office with me, in order that I might get them, she told me that she had received instructions not to allow me in, and she did not; of course if I was a partner in the place I could have insisted on going in, but I did not do so, knowing that I had no right there unless the gentlemen were present and wished me to be so. I utterly repudiate any intention of defrauding Messrs. Pontifex of those goods. I did not assume any name. Mr. Hughes is my brother-in-law's name, and if I had had a little longer notice, I should have been prepared this day with
witnesses to have proved the statements I have made. I have been in business many years, as one of the mart extensive booksellers and publishers in Ireland, where my name is well known. When Mrs. Hesse complained of the disturbances there had been, in consequence of people coming for small mounts, I ascertained that that had really takes place. I had been away for three weeks out of the six, for which that office was occupied; and while I was away other persons, who had been left in the office, had had trifling things in, such as dinners, and there had been noises upon the people coming for the payments for them. I settled all those when I came home. During the whole time I was there, there was not £5 credit obtained for anything. After I was dismissed from Anderson and Co's, I gave information to those gentlemen that they might obtain their goods or their money. When I called upon them they told me that they were perfectly satisfied and did not wish to take any steps whatever. When I was at Bow-street, I thought it was only a charge of fraud; I had no idea it was a charge of forgery, nor was I aware of it till to-day. I am perfectly innocent of any intention to defraud, and I have never gone into any place of business except in my own name. I never had any office except that in Broad-street-buildings; the other offices I had no connection with at all.
MR. LEWIS stated that there were several other indictments against the prisoners, and that he held in his hand some blank acceptances in the name of Anderson, Martin, and Co., which in themselves would be a forgery, with the stamp of the London and County Bank also forged on them, the prisoners not having any account at that bank; and, on two or three leaves of a book, which purported to be a diary kept by the prisoners, then were impressments of the die to see whether it would mark sufficiently; that under the name of Anderson, Martin, and Co. alone the prisoners had obtained £100, and that their frauds, under the different names, and at different times, had amounted to several thousand pounds.
Ten years' Penal Servitude each.
OLD COURT.—Tuesday, March 4th, 1863.
PRESENT—The Right Hon. the LORD MAYOR; LORD CHIEF BARON POLLOCK; Mr. BARON MARTIN; Mr. Ald. HALE; Mr. Ald. Mechi; Mr. Ald.BESLEY; and Mr. COMMON SERJEANT.
Before Lord Chief Baron Pollock;
MESSRS. COOPER and ORRIDGE conducted the Prosecution.
JOSEPH FARR . I live at 30, South-street, Marylebone—I was an assistant in the employ of Mr. Wincott the deceased, at 30, South-street—about 4 o'clock on Saturday afternoon, 3d February, I was in the shop—we have a customer of the name of Viall, who takes away the bones from our place—Viall was there with his cart removing bones from our place that afternoon—whilst the cart was at the door laden with bones, I saw the prisoner come up with three other men, named Walsh, Cox, and Poulton; they came up and commenced taking the bones from the boneman's cart—I can't say which began, they all began, they took the bones and threw at Viall the boneman—some of them got up on his cart and took bonesa nd began throwing
them at him—Viall took a hone in self-defence, to keep them down—he struck one off of the cart, I could not say which it was; they afterwards left the cart and went a little way—Viall afterwards got off his cart and went into the shop—I then went and called my master out of the parlour at the back of the shop—he came out, came into the shop, and stood in the shop—the prisoners all came back to the shop door—Viall was in the shop then, the door was open—Mr. Wincott was standing at the door to keep them out—I saw the prisoner strike Mr. Wincott, Mr. Wincott struck him again in self-defence—they were at the door, I should think about a minute, scuffling together, trying to get into the shop—I afterwards heard Mr. Wincott say, "I am stabbed"—he said that more than once—that was almost directly after the prisoner had struck him—I saw one of the men, who was with the prisoner, with a chopper in his hand; he was flourishing it over his head—one of the men, I cannot say which, said, "Rip the b—s guts open"—I do not think it was the prisoner—I saw the prisoner stab Mr. Wincott with a knife that was on the shop-board by the side of the door—it was a knife belonging to Mr. Wincott—this is it (produced)—he used it in this way (describing it)—it was a kind of underneath stab—I had been using the knife not a minute before this happened; it might have been five minutes before—he was coming to make a second stab but he was stopped, I do not know by whom—the prisoner and the others went away almost directly after the stab—as the prisoner was leaving I heard Mr. Wincott say, "I am stabbed, and that is the man that stabbed me, "pointing to the prisoner—at the time the prisoner made the stab I heard him say, "Take that"—I followed the men, and they were afterwards taken into custody, about twenty minutes afterwards—I followed them until they were taken, in East-street, Marylebone—they were all of them drunk.
Cross-examined by MR. SLEIGH. Q. I believe they were not merely drunk, but were coming along the street holloaing and shouting, and making a great noise like half madmen? A. Yes; there was a good deal of confusion and excitement while these men were throwing the bones about—I did not see Mr. Wincott lay hold of one of the bones and strike the prisoner—it certainly might have occurred without my seeing it, there was a good deal of confusion—I did not see it—I could not say it did not occur—the knife was lying on the board outside the door.
WILLIAM VIALL . I am a bone-boiler in Bower-road, Hackney-wick—On 3d February last, about 4 o'clock, I was removing bones from the deceased's shop—whilst doing so the prisoner and three others came up the street, throwing about whatever came in their way; there was a green-grocer's cart there, and they were throwing savoys about first—they then came up to my cart; the prisoner took an empty basket from behind, and sent it at me, and the rest of the men all threw the bones at me—this continued some minutes; they then left—they returned in about two minutes—I was then in the shop after my coat—Farr called Mr. Wincott out to get them out of the shop—the prisoner came into the shop—Mr. Wincott ordered him out—the prisoner struck Mr. Wincott, and in defence Mr. Wincott struck him again—there was great confusion, and the prisoner took up the knife and stabbed Mr. Wincott; the knife was on the board outside—I saw him take it in his right hand—they were then all turned out of the shop, and all went away—I heard Mr. Wincott say, "I am stabbed;" that was within half a second after I saw the prisoner take up the knife—I do not know what became of the knife after Mr. Wincott was stabbed—before I saw the prisoner take up the knife I heard one of them say, "Give it him."
Cross-examined. Q. Were you taking the bones out of the shop? A. I had just taken them out—they had all been taken out—one of the bones had been thrown into the shop—I did not see Mr. Wincott take up that bone and strike the prisoner with it.
DENNIS SHEE . I am a labourer and live at 1, Johnson's-place, High-street, Paddington—on the afternoon in question, I was outside Mr. Wincott's door, and saw the boneman's cart there—I saw the prisoner there with some other men—I saw a disturbance with them at the cart outside the door—I saw the prisoner try to get up into the cart first—Viall, the carter, jumped off the cart and ran into the shop for protection—the prisoner and the others followed him—there was a bit of a scuffle at the door—I saw Quail take a knife from the stall-board and stab Mr. Wincott with it on the right side—I directly ran and caught him round the arm and took the knife from him and passed it to Mr. Langley—he was going to stab Witcott again, and I prevented him—this is the knife I took from his hand—I helped to move Mr. Wincott.
Cross-examined. Q. Did you see Mr. Wincott struggling with the prisoner at the door? A. Yes; the other men were crowding round the door, shouting out and making a noise, more like madmen than anything else—I did not see some of the bones thrown from the cart by one of the men into the shop—I saw a leg of mutton hove into the shop—I did not see Mr. Wincott, when he was struggling with the prisoner, strike him a blow with something that he had in his hand—I did not see anything in his hand, and I did not see any blow struck until I saw the hand going up—I was outside, on the kerb-stone—there were not many persons standing between me and the shop; four or five—I have known the prisoner all my life-time—he is married, he is a hard-working man—I never knew him in trouble before—he has always been a very well conducted, and peaceably disposed man, attentive to his work and to his family—I never knew him in anything of this kind before.
GEORGE FLOWER . I am a fishmonger, and live at 61, Ashburton-grove—on 3d February, about ten minutes after 4, I was standing near the deceased's door—I saw the prisoner and three others come to the bone-cart—after that they left the cart and then came back again—Quail went into Mr. Wincott's shop—Mr. Wincott came from his parlour into the shop, to the shop-door—he tried to prevent the prisoner from attacking Viall, Viall was then in the shop—Mr. Wincott came out pushing Quail, preventing him from getting in to do the man an injury—this knife was on the board, and a chopper by the side of it—Quail took hold of the knife and ran it into Mr. Wincott's groin on his right side; that I saw—Poulton and Walsh, two of the others, were on the pavement, on the kerb before the cart; and they said, "Go it, let the b——have it"—that was said after the stab—I did not hear the prisoner say anything when he stabbed—I heard Mr. Wincott say, "I am stabbed, I am stabbed, I am stabbed"—the prisoner was then going away with the knife in his right hand—I siezed hold of him—I was blocked down and he got away—I went after him, and came up with him in a mews in South-street—I told him he had stabbed Mr. Wincott—he said, "Did you see me"—I said, "Yes, I did"—he said, "It is a bad job, but I shall get over it somehow "—he then knocked me down.
Jury. Q. Did you see Viall strike the prisoner with a bone? A. No; he held up a bone to protect himself, but he did not strike him—I do not think there was any particular irritation that induced them to come back a second time; I saw them all from the beginning to the end—I got very
severely knocked about, right and left—I did not see Mr. Wincott strike the prisoner before the prisoner struck him.
MR. SLEIGH. Q. Had Mr. Wincott a bone in his hand? A. No; he had nothing—Viall had a bone in his hand to protect himself.
HENRY GORSUCH TIMES . I am a member of the College of Surgeons, of Thayer-street, Marylebone—on the afternoon of 3d February, I was passing the end of South-street, and saw a disturbance—some person said I was wauted, that Mr. Wincott had been stabbed—I went and found Mr. Wincott sitting in his parlour at the back of the shop, with his hand on his right side—he said, "Oh, sir, I am stabbed"—I undressed him and examined him—I found a slanting wound, an inch and a half long and very deep; I could not reach the bottom of it with my finger—it was about an inch below the right border of the rib, on the right side—I applied a bandage and attended him till his death, the next evening at 7 o'clock—I thought so seriously of it that I thought it necessary to communicate with the police, to have his deposition taken that evening—it was taken—I afterwards made a post mortem examination—I found that the wound had penetrated the right side of the abdomen, passing through the walls and penetrating the right lobe of the liver, producing extensive internal hemorrhage, which was the cause of death—there was no wound to the intestines—it was such a wound as would be made by such a knife as this—I was present when the deposition of the deceased was taken by Mr. Yardley—the prisoner was also present, at the foot of the bed, and had the opportunity of cross-examining him—I saw the Magistrate sign the deposition—this is his signature—(Read; "I was in my own shop, at No. 30, South-street, Manchester-square, at 4 this afternoon, when I heard a disturbance outside; and going out I saw four or five men trying to pull out of a cart a man engaged in taking away the bones from my shop; I went out to protect him, when they rushed at me and tried to get into the shop; I got back into the shop; one of them took a knife from outside the board, made a rush at me inside the shop, and stabbed me with the knife in the side. I can't say positively it was the prisoner, but I am almost certain it was him.
EDWARD WHITE (Police-sergeant, D 16,) cross-examined. Q. Do you know the prisoner? A. Yes, very well—I dare say I have known him thirteen or fourteen years—he is married—in my opinion he has borne the character of a hard-working, peaceable, well-conducted man, for a man of his class—he has once been engaged in a drunken squabble—men of his class are generally very disorderly and cause a great deal of trouble—ha is a costermonger and sells things in High-street—his character has generally been that of a peaceable, well-disposed man.
MR. SLEIGH called the following witnesses for the Defence.
MART BUCKLEY . I live at 34, South-street, Marylebone—I am a Servant—I am out of place now, and was so at the time this occurred—I am lodging with a friend—on the night in question I was passing near Mr. Wincott's shop, coming down the street—I do not know the prisoner, or Mr. Wincott, or any of the parties—I saw the boys larking at the bonecart which was standing at Mr. Wincott's door—the larking went on for a few minutes; I was standing there—I did not see anybody trying to get into Mr. Wincott's shop—Mr. Wincott stood on the front of the door and I was standing alongside of him—I was not going to his shop for anything—I was passing by and I stood at the door while the men were larking at the bone cart—I heard Mr. Wincott tell the man at the cart to knock them
down as they came to the cart, and to give it to them well—after that I saw the man at the cart make a blow at one of the young men's heads, but he turned his head and only got it on his shoulder or arm, and he fell back on the cart—the man then jumped from the cart and ran into the shop, and the boys ran to the door after him, and one of the boys caught the jamb of the door and was trying, with his other hand, to get a blow at the man that ran into the shop; he did not de it—that was Quail, I did not know his name then—he did not try to get into the shop, he was only trying to put in his hand to get a blow at some one in the shop, but he had got nothing in his hand—Mr. Wincott had a bone in his hand, and he was trying to make a blow at the boy's head, and I caught hold of the boy by the coat and drew him back from the blow that was made at his head—I am speaking of the prisoner—he was the tallest of the four boys—I drew him back from the blow, and his coat tore a little where I had my fingers, and Mr. Wincott gave him a great blow on the side of the head with the bone, and it frightened me; I thought be was killed—I did not appear as a witness in this matter before the Magistrate or the Coroner—I never was in a Court-house before—I knew that the prisoner was to be charged before the Magistrate—I did not go there; but the people heard that we were looking on and they summoned us here on Saturday.
Cross-examined by MR. COOPER. Q. Who summoned you here? A. The prisoner's wife brought me the summons—I had never seen her before—she came and asked me what I had seen, and I told her—that was the first thing she said—I told her what I had seen, just as I have explained it now—I had never seen Mr. Wincott before—I know it was him I saw, because I heard them say it was Mr. Wincott; then, when he was at the door, I heard say he was "the governor," when I heard them say he was stabbed I heard it said that he was the master of the shop—I saw him after he was stabbed; I went into the shop—I did not see anyone stab him—I was standing alongside him—he was outside the door at the time—I could not tell who was inside the door—all the butchers were outside—the door was open and they were all standing outside—I did not see him stabbed—I saw the bone in Mr. Wincott's hand when the boys got to the door—after he had struck the boy on the head, the boy kept his hand on his head for a few minutes, and then he ran into the shop, and I heard say that Mr. Wincott was stabbed—one of the butchers said so—that was outside the door—he ran out of the shop—I did not see anybody lay hold of the prisoner—I saw him go down with the police afterwards—I did not see the knife at all—when Mr. Wincott struck the prisoner with the bone he went back into the shop; and the prisoner ran into the shop then, but not until he was struck with the bone—I saw no knife, nor did I see anyone pull the prisoner away.
ANN LEE . I live at 4, North-street—I know Mr. Wincott's shop—I lodged directly opposite it—on 3d February, about twenty minutes past 4, I was coming out of my door and saw the bone cart there—I saw the prisoner and three men against the cart—the bone man hit Cox, one of the men, with the whip—I did not see him hit the prisoner—I saw the boneman go into Mr. Wincott's shop—the prisoner was then against the door—I did not see him go into the shop—Mr. Wincott was standing against the door—I do not know whether he had anything in his hand or not—I saw him strike at Quail three times—that was while he was standing at the door—he then turned back into the shop—I do not know what Quail did then—I did not see what he did; he was against the door—I did not see whether he went into the shop or not—I heard a minute or so afterwards that
Mr. Wincott was stabbed—he struck Quail before he was stabbed—I could not say to a minute or two, how shortly it was before; I was so frightened—it was perhaps a minute or so after that he went into the shop; and it was directly afterwards that I heard he was stabbed, before I came to the end of the street.
Cross-examined. Q. Was Quail outside the shop at this time? A. Yes; they were all outside—they might have gone away—if there had been a little more quietness and patience with Mr. Wincott and the rest, it might not have happened—I saw a young girl pull Quail away—I did not see anything taken from his hand—I saw nothing more than I have stated—I saw them all when they went away, for about twenty minutes after this had occurred—I was asked to come here by Mrs. Quail—they have been to me ever so many times, day after day, to come—they have not talked this matter over with me; nothing of the sort—I have known Quail in the street as a hawker in fish, but I have known nothing more of him, except as being civil and quiet.
MR. SLEIGH. Q. From what you have known of him, has he been a quiet well-conducted man? A. Yes; in the street, with that exception he was quite a stranger to me, and so was Mr. Wincott likewise—at the time I saw the blow struck by Mr. Wincott, there was scuffling and struggling going on against the door.
ELLIN COFFEE . I live at 357, Oxford-street—I am in service there—I was not in service on the day this occurred—on the day in question I was coming down South-street—I did not know the prisoner or Mr. Wincott previously; all the parties were strangers to me—I was coming along with another young person, and saw a man or the cart with a large bone in his hand—I stood by the butcher's door, not thinking that the butcher had anything to do with the fight, and he laughed and jeered, and encouraged the man in the cart to hit these boys—I saw Mr. Wincott in the shop—I was in the shop when he was stabbed—when the man in the cart leaped on to the pavement, and ran into the shop I ran into the shop too, for safety—I did not see the prisoner try to get in to the shop—they never came opposite the butcher's door—I saw the prisoner outside, at the door, and I heard Mr. Wincott tell the prisoner to go out of his place—I did not see the prisoner come in—I saw Mr. Wincott get a bone and hit him on the shoulder with it—I cannot tell whether it was a heavy or a light blow—I saw Mr. Wincott afterwards stabbed—I cannot say how many minutes that was after I had seen him strike the prisoner; it was afterwards—I did not go before the police Magistrate—I was living then next door but one to the butcher's, in a situation, and my mistress thought to keep me from it, if she could—I am here to-day because they brought a summons, and of course I was obliged to appear to it.
Cross-examined. Q. I thought you said at the time this happened you were out of a situation? A. Yes; but they did not come after me till last Wednesday—I was in a situation then—I did not hear of the prisoner being at the police-station—I did not follow the crowd to the station—I went in to where I was lodging; that was about five doors from the shop—I left there on 13th, I think—this took place on the 3d—this was talked of in the neighbourhood; but I thought I should not have to appear—I heard of the prisoner's being at the police-court—I did not go there to give evidence—I first mentioned what I had seen to my cousin, where I was stopping—that was in the afternoon of 3d February—I was with Mary Buckley when this happened—she was outside the door, when I was in the shop—I saw the
blow struck by Mr. Wincott, it hit the prisoner on the shoulder, not on the had—I am quite sure it was on the shoulder—the prisoner's wife came to me on Saturday night—I talked this matter over with my cousin the afternoon it happened—I saw her again last Sunday week—she did not tell me she was coming here—we did not talk over this matter—I thought nothing of it till last Wednesday, when they came after me—I was then at my situation in Oxford-street—my cousin is not in a situation, she is in business for herself as a greengrocer in South-street—I did not see any knife—I could not swear as to who took the knife; but I heard Mr. Wincott come in and say he was stabbed—I saw no knife used—I saw that Mr. Wincott encouraged the man with the bone, and that aggravated the prisoner's being a little intoxicated—I saw they meant to do no harm, but the butcher stood in the doorway jeering, and that of course aggravated the boys—I had never seen any of them before—I saw the prisoner standing against the jamb of the door—I did not see anyone pull him away, but I heard one of the butcher's men say to Mr. Wincott, "Governor, let him have it"—the butcher stood in front of me—I was behind him, in the shop.
Samuel Crane, naturalist, of 9, Duke-street, Lisson-grove; Richard Adcroft, naturalist; and Augustus Williams, general dealer, of two Grafton-court, deposed to the prisoners good character.
GUILTY of Manslaughter. —Six Years' Penal Servitude.
Before Mr. Baron Martin.
MR. COOPER conducted the Prosecution.
JAMES KING . I am assistant to my father, John James king, a jeweller, of 21, Kingsland-place, Kingsland-road—I reside there—on 1st January I listened up the place about 12 o'clock—at that time all was safe; the doors were secured in the usual way, and the windows the same—about 4 o'clock in the morning I was called up by the police, and on coming down found the place in great confusion—the thieves had entered by the back window; that window had been closed and fastened the night before—we lost property on that occasion to the amount of 3,400l.—amongst the property lost was this watch (produced)—I know it—we gave 7l. for it to Mr. McKewan.
THOMAS MCKEWAN . I am a watch and clock manufacturer at 140 and 141, Cheapside—I sold this watch to Mr. King in 1854, for 7l., amongst others—on the night of 18th January last, in conseqnence of a communication from Mr. King, two policemen in private clothes came to me, and by their wish I went to the bar of a public-house in Red Lion-street, Holborn—a party whom the police introduced to me brought the prisoner to me there—he produced to me a silver gilt watch—he said it was gold, and wanted 7l. 10s. for it—he then produced another, which I was not quite sure was Mr. King's property, but it subsequently turned out to be so—I took the number of it—a third one was then produced, which I also took the number of; but not being sure of either of those I asked to see another, and this watch was then produced—he asked 4l. or 5l. for it at first, but ultimately took 50s.—I paid him for it, and then left the public-house, and met the police-sergeant by appointment—I am quite sure the prisoner is the man I saw—I could swear to him among a thousand.
to a public-house in Red Lion-street, on Saturday, the 18th—whilst there I saw the prisoner come out of a coffee-shop, and go into the public-house where Mr. McKewan was, which was at the corner of the street, about fifteen yards off—I afterwards saw him in conversation there with Mr. McKewan—I went in and looked in at the door—he returned to the coffee-shop, and then returned again to the public-house—I saw him three times and am quite sure he is the man—I afterwards followed Mr. McKewan to his shop in Cheapside, and received the watch produced from him—I returned to the coffee-shop that night and searched for the prisoner, but could not find him—I apprehended him on the Monday morning following, the 27th, between 12 and 1 o'clock—he was in conversation with a girl at the door of a coffee-shop in Eagle-street, close to Red Lion-street—I told him I was a police-sergeant, and that I had been looking after him for the last week—he said he had not been out of the way—I told him that I wanted him for selling a gold watch to a person, which was stolen from Mr. King's, at Kingsland—he said he had never sold any gold watch to any one, and he knew nothing at all about it; it was a mistake, and I must be mistaken in the man—I took him to the Kingsland station, and he denied the charge there in the same way.
Prisoner's Defence. I am innocent of stealing the watch. I received it from Mr. Benjamin in the coffee-shop in Eagle-street. At the time the gentleman came for the watches Mr. Benjamin was busy, and said, "I cannot come over myself, I will send some one over." I was in there taking some coffee, and he asked me if I would go over with it. I said, "Yes." The first watch I took over was a large gold one, as he told me, and he told me to ask 7l. for it—it did not suit the gentlemen, and he gave me another—that did not suit, and I took another, which I was to ask 3l. for; the gentlemen said he would give 50l. I took it back and told Mr. Benjamin about it, and he said, "Go back, and take the 50s.," which I did, and I immediately returned to the coffee-shop, and gave it to Mr. Benjamin, and he gave me half-a-crown for my trouble.
GUILTY .— Confined Eighteen Months.
Before the Lord Chief Baron Pollock.
MR. LILLEY, for the prosecution, offered no evidence, the Grand Jury having
thrown out the bill.
NOT GUILTY .
NEW COURT.—Tuesday, March 4th, 1862.
PRESENT—MR. RECORDER; Mr. Ald. HALE; and Mr. Ald. CONDER.
Before Mr. Recorder.
GEORGE PLEADED GUILTY .— Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
for that purpose kept a considerable quantity of money in the second till at the window-end of the counter—on 15th February there were 56 sovereigns in a bowl in that till—a person standing on the ground, could not reach over the counter to the till—between 1 and 2 o'clock that day the prisoner Hall came into the shop for a sheet of paper to wrap something in—he had nothing with him to wrap up—I handed him one or two sheets which did not suit, and he went with me to the back of the counter, where he took a seat, selected a sheet, and paid for it—I was alone in the shop, Mr. Brown was at a funeral—I am not aware whether Hall had an opportunity of seeing where the money was kept, as I do not know whether I served a customer while he was there—having obtained a sheet of paper he left the shop—shortly afterwards he came in again for a larger sheet—I had several money orders to attend to, and said, "Will you go to the other end of the shop and see if you can find a larger sheet, while I am serving these customers?"—not many minutes elapsed before I went to him—no one was then left at the other part of the shop; he and I were the only persons in the shop (in attending to the customers I had had occasion to open the drawer where the money was; it was the money-order drawer)—I heard a slight noise, raised my head, and saw the other prisoner on the counter lifting the bowl of sovereigns up in his baud—I rushed to him—I do not know whether I shoved him round; but he tried to put some of the sovereigns into his pocket, and some of them were thrown upon the ground—some one came to the door, and I held George till a policeman came—not above a minute or two had then elapsed—Hall stood looking on, but did nothing; he was standing about six or seven feet from the door—he emptied the money out of his pocket when he saw that there was no means of escape—George opened Hall's pocket and put the money into it, while Hall stood perfectly still—he emptied it on the counter almost directly it had happened—he did not endeavour to assist me in any way—he said something, but I forgot what—they were both given in custody—two sovereigns fell outside on the door eill, which were picked up and given to the policeman—they were all found.
Cross-examined by MR. RIBTON. Q. Did all this past very quickly? A. Yes; not many minutes I should say—the distance from the door to where Hall was looking for the paper was about eighteen feet—Hall did not jerk the money into George's pocket; he went dote up—I had hold of him by the back of his coat, and he threw it into Hall's pocket—Hall did not put the money on the counter directly, but he did almost directly; it was put out almost immediately it was put in—when the drawer is open you can see the basin from the window—I cannot say whether I left it open or not—it may have been in that state that anybody outside may have seen it.
MR. METCALFE. Q. Had Hall an opportunity of seeing the person who came to the door? A. Yes; while he was watching at the counter—the person who closed the door held it outside.
HANNAH LEVY . I am a widow, and reside in the upper part of the house in question—I was in the shop talking to Mrs. Brown, while she was serving Hall when be first came in—afterwards, being up stairs, I heard a noise and came down, and as I was coming down I saw Hall turning out his pocket, and saw some sovereigns on the glass-case—Mrs. Brown was holding George—I picked up the bowl and a number of sovereigns.
THOMAS WORKMAN . I am a ticket-writer of 6, Newnham-terrace, Lambeth—I went to Mr. Brown's with an order, and when I got to the door I found Mrs. Brown holding the prisoner George, who was attempting to escape from her towards the door—I (secured the door outside—I picked us two sovereigns
outside I called, "Police"—two officers came, and the prisoners were taken—I saw two persons inside—the other was within four or five of Mrs. Brown—he was not assisting her in the least—I closed the door and kept it safe outside.
SAMUEL BELL (Policeman, H 20). I know Hall, his proper name is George Allcock—I have seen them both together three or four times, walking in the street—I have seen them as recently as the beginning of February.
JOSEPH COOMBER KNIGHT . I am one of the detective officers of the Citypolice force—I know the prisoners by seeing them together on several occasions; the last time was about a week previous to this transaction—I have seen them in Bride-lane, and Fleet-street, and Shoe-lane, and on Ludgate-hill, more than once.
Hall's statement before the Magistrate was here as follows: "It is a scandalous thing that I should be taken for another men's stealing. Suppose I steal a thing and put it in another man's pocket, is he to be charged with it as well? I did not take the money, nor did I tell him to take it. I never see the man with my eyes before. I know nothing at all about it.
HALL— GUILTY.*— Confined Twelve Months.
MR. LAWRENCE conducted the Prosecution.
JOHN BOWEN . On Monday, 24th February, I was renting three rooms at 29, Poppin's-court, Fleet-street—the prisoner is my wife—I have been married to her about sixteen years—I have one son about thirteen years' old—I cannot say whether he was at Poppin's-court or not on 24th February—I have now got employment at Mr. Penn's, at Greenwich, and have had for the last twelve months—I was desirous of moving my furniture to Greenwich, and on Saturday I came from Greenwich, intending to move the furniture on the Monday—I began to more the things about half-past 2—I had got several things into the van, and she struck me on the head with a broom—she said nothing—she was not willing for me to take the things—after that I went up on the second-floor to move some things out—I passed her on the second-floor landing, with a chopper in her hand, breaking up a bird-cage, and a box belonging to me, destroying them, and throwing them over the banisters—she followed me into the second-floor with the chopper in her hand, and struck me on the shoulder with the blunt part of it—after that I was putting a bed out at the second-floor window into the van, and I was struck a blow on the back port of my head—I fell upon the window-sill and sang out, "Police! police!"—I could not say who struck me, but my wife was close behind me when I was struck—blood flowed from me—the police came and took her away—she said, "I did it; I did it"—my head in bad now: I can hardly recollect—my head was hurt very much—I was taken to Mr. Dempsey, a surgeon, and am still under his care—I am very ill now.
Cross-examined by MR. LEWIS. Q. Were you determined that the, furniture should go, and had you gone there to remove? A. Yes; I was putting some of it out of the window, and she tried to stop it—I did not then take hold of her and push her down stairs—I was taking a small chest of drawers down, and touched her, and she fell; but I believe she fell for the purpose—I do not believe her head would go between the banisters, for they are only this space apart—I did not push her down stairs several times—I never struck her in my life—I did not see her fall more than once—we
were first of all on the first landing—the injury to me was on the second-floor—I did not see my son at all; I only saw two persons in the room—he has not told me that he was there—he is not living with me; he says he will go where his mother does—I rent a room down at Greenwich, and rent this place as well—my son was living in Poppin's court—this is the hatchet (produced) with which my wife was chopping the bird-cage and the box—I did not see a poker in the room—the policeman has got one in his hand now—I have not spoken to my son about this, he is such a bad boy—he has threatened to kill me before—it was a little before 3 o'clock, as near as I can guess, when the blow was struck—I was not ill-treating my wife at that time—I could take 40,000 oaths I have never ill-treated her in my life—I can take an oath on any Bible—after I sang out, "Police," I became sense-less; but I had recovered a little when the policeman came—I went into the police-station all bleeding—my wife did not say, "I did not do it; I did not do it"—she said that she did do it.
MR. LAWRENCE. Q. You say that you he not know the instrument you were struck with? A. No; but she was rising the hatchet to chop up the box and bird-cage.
WILLIAM CHURCHHILL DEMPSEY . I am a surgeon of 97, Fleet-street—on Monday afternoon, 24th February, about 3 o'clock, the prosecutor was brought to me bleeding from the side of the crown of the head—I examined his hand, and found an incised wound about an inch and three-quarters long, and a quarter of an inch deep—I did not probe it, as I thought I would not interfere with it, the skill not being at all depressed—it had gone through the integuments—it had been inflicted by a sharp instrument—this hatches would certainly do it, but it must have been with the sharp side—there was concussion of the brain—he apparently could not stand when he came in, and he has not recovered it yet.
Cross-examined. Q. Do you mean to say that a blow from that hatchet would not completely smash the skull? A. If it was struck with violence it might—a sharp-pointed poker would not have produced the same result—that would have produced a lacerated contused wound, and there would not be the hemorrhage that there was from this cut.
JOHN SLAIDON GALE (City-policeman, 377). I was called into Poppin's-court about ten minutes to 3 o'clock, went up to the second floor, and met the prisoner coming out at the second floor back-room door—she said, as she came out, "I done it"—she went inside, and Mr. Bowen said, "I give my wife in charge for striking me; "he did not say with what—I saw no instrument there—I took her to the station—her son gave my brother officer this poker, which he brought to the station—it was produced to the prisoner before the charge was taken, and she said it was not done with that poker, but with a shorter one—after we heard that it was done with an axe, I searched the house and found this axe under the bedstead of the second floor back-room—that was not the room that I saw her coming out of—there are two front rooms and a door between—there were no marks on it—I found it-about half an hour after the prisoner was taken.
Cross-examined. Q. Do you mean to say that the words she used were, "I done it; I done it?" A. Yes—I swear she did not say, "I did not do it"—the words were used directly I got up on the second floor landing, before I saw the husband, and before I had spoken a word—I did not know what she had done—she said it in her husband's presence—he was at the back of the room.
Witnesses for the Defence.
and the prosecutor—on the day of this injury, I came home at ten minute past 3, from Wilson's, in Harp-alley, where I am employed—I went into the second floor back-room—my father was putting a bed out at the window—my mother said that he should not have the drawers, upon which he caught hold of her by the throat and chucked her down the stairs, and her head jambed between the banisters, and it took three people to pull her up, Mrs. Faulkner, Fred Faulkner, and Mrs. Simmonds—when she was down, my father said that it was all gammon—my mother got up, and went into the second floor, and my father put out his hand like this, and knocked her head against the bed-post—he said he would have three months for her; he would lay her in the hospital—upon that, I did not like to see my mother ill-treated, and I struck my father on the head with a poker—my mother did not strike him with the hatchet—I saw a policeman come—I did not hear my mother say anything to him—I was in the room with my father at that time—my father afterwards gave my mother in custody—now my father is in Court, giving his evidence, he can make it worse than it is.
Cross-examined by MR. LAWRENCE. Q. Was anything said when your father gave your mother in custody? A. Not that I know of—I did not hear my mother say anything—I should have heard her if she had—it was a kitchen poker that I struck my father with—this is it. (The large one)—I did not perceive whether my father had a cap on—I have seen another poker, a small one; but I am quite certain I hit my father with this poker—I do not recollect telling Knight that my mother hit my father with the big poker: I will not be positive; I cannot recollect—I cannot swear whether I did or not—(Knight was here brought into Court)—I cannot say whether or not I told that man that my mother hit my father with the big poker: I do not think I did.
COURT. Q. Is it true that your mother hit him with the poker? A. No; but I was so aggravated at the time that I do not know what I said.
MR. LAWRENCE. Q. Then you might have said to Knight that your mother hit your father with the big poker? A. I might; but I do not know whether I did or not—it was at the station that I saw Knight—I did not tell the people there what had occurred—I cannot recollect what I said to Knight, I was so aggravated—I remember coming with the woman to the station, about half an hour after the charge was taken down, and then I saw Knight—I cannot recollect whether I told him anything after that—I cannot recollect anything I said then, because I was so upset about it—I came home about ten minutes past 3—it had gone 3.
MR. LEWIS. Q. You say that you recollect what you did yourself, and what you saw? A. Yes; but I am not certain about what I said.
COURT. Q. Did you see the chopper at all? A. Yes; it was on the bed in the back room when I came in—I did not see it afterwards, till the policeman said it was under the bed—I do not know who put it there—I had not meddled with it—I did not have it in my hand at all—a lot of people went up there.
ALICE FAULKNER . I live next door to the prisoner, in Poppin's-court—I was in the prisoner's house on the day this injury is said to have been committed—I saw Mr. Bowen push the prisoner down stairs, and her head went against the banisters—I did not see the little boy on the landing at that time; but he might be on the stairs—I and my son lifted the prisoner up, and Mrs. Simmonds helped us, the prisoner also gave a hand—I afterwards went to the door of their room, and saw Mr. and Mrs. Bowen and the boy—that was about 3 o'clock—I saw no blow struck, but I saw the glimpse of
a poker—I could not see in whose hand it was, nor do I know who struck the blow.
Cross-examined. Q. Are you sure it was a poker? A. Yes—I saw no chopper—my son was against the door when I saw the scuffle.
GUILTY Recommended to mercy by the Prosecutor. .— —Three Years' Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
MR. LLOYD conducted the Prosecution.
WILLIAM MARTIN . I am an engineer of 7, Charles-street, Islington-green—about half-past 2, on 29th January, I was looking into a toy-shop window, in Cheapside—a man came up to me, not the prisoner; I had some conversation with him, and we went into a public-house in Newgate-street, where the prisoner introduced himself to the other man, and said that he had just recovered an action in the Court of Chancery, and on the following Saturday, he was to receive 5,000l.—the other man said that he had some houses to sell, would the prisoner buy them, and the prisoner agreed to do so—upon that, it was agreed that we should adjourn to another public-house, in Earl-street, I believe—we all three went there together, and the first man that introduced himself to me, left the prisoner and me, and fetched a third man—(they had said at the first public house that I was to be a witness to the purchase of the sixteen houses)—after they returned, gambling was the first thing carried on, by chalking upon the table—the prisoner and the other man who was fetched in did that—one pot of beer was had—I drank once out of it—this was up stairs—one of them, I do not remember which, asked me to pay for the pot of beer—I said that I could not, I had only twopence on me—the man not in custody then asked me what the time was—I pulled out my watch and told him—I had no sooner done so than he snatched my watch from me and gave it to the prisoner—I requested the prisoner several times to give it to me, and it was agreed that I was to go out with them and pawn it—I did not agree to pawn it as I had ordered no beer—we all went off together, the watch being in the prisoner's possession—I kept fast hold of the prisoner's arm—I asked him for it three different times on the way, and he pulled it out in his hand, and said, "My good man, your watch is safe," so I know that he had it—I never let go, but held him fast till we got on the bridge, where we met a policeman coming towards us; and as soon as the prisoner saw that, I called the policeman he gave up the watch—I did not see the other two men afterwards—they were in front of us—I gave 12l. for the watch some yean back—I gave the prisoner in custody.
Cross-examined by MR. METCALFE. Q. You did not go from Earl-street direct to Blackfriars-bridge? A. We went from the last public-house to Blackfriars-bridge—I went where they took me—Earl-street may be the nearest street to Blackfriars-bridge—we did not go direct from Earl-street to Blackfriars-bridge—we went through several streets—we very likely walked as far as Cannon-street and back again—I cannot tell what streets we went into—we were not wandering about anything like half an hour—it was nearer a quarter than half an hour—we did not pass several policemen
before we got to Blackfriars-bridge, this was the first—I did not go up there looking for a pawnbroker's shop—I did not complain to the landlord of the public-house—I complained to nobody till I met the policeman—I drank once of the beer, I had no particular wish to do so; I was asked to go there as a witness, I had nothing to pay for—they did not say that I ought to pawn my watch to pay for it, but they proposed that I should pawn it, and I went out of the house with them—I took the prisoner's arm from the public-house in Earl-street till we met the policeman—he took the watch out when we stopped—I could not, of course, hold his arm when he was taking the watch out—I took his arm the as I would take your's or any gentleman's—I did not complain to anyone till I met a policeman—I did not think the public were fit persons to complain to, I was looking for the aid of the law—I asked him three times for the watch—we stopped each time, and he pulled it out and showed it to me three times—I was bound to let go of his arm when he put his hand in his pocket—the last I saw of the other man was when I called the police—it is true that I had no money about me but twopence.
MR. LLOYD. Q. Do you recollect which of the men asked you to pay for the beer? A. The prisoner—I do not know what the price of it was—it was not paid for in my presence.
THOMAS DONOGHUM (City Police-sergeant, 38). On 29th January, about 4 o'clock, I was on duty on Blackfriars-bridge, and saw the last witness and the prisoner walking towards me—the last witness had hold of the prisoner by the arm, and, before he came within two or three yards, he called out, "Policeman, I want you"—he then asked the prisoner to give him his watch—the prisoner looked at me, put his hand in his pocket, and handed the watch to the prosecutor, who gave him in custody for stealing it—I took him to the station—he refused his name and address.
The prisoner received a good character.— GUILTY — Confined Eight Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Nine Months.
MR. PLATT conducted the Prosecusion.
MARY HALFORD . I am the wife of Robert Halford, a jeweller, of Queen-square, Aldersgate—on the night of February 10th my husband and I were at a supper party, at a public-house in Paul's-alley, and after supper the prisoner was there, playing a concertina—he had a bag with it—I was about leaving, with my husband, at about 3 o'clock in the morning—I came down stairs first to bid some friends good night, leaving my husband up stairs—I waited for him close to the bar—the prisoner was there, with his concertina in the bag, and I asked him to play a tune—I had seen my watch safe a few minutes before that, in a pocket on my left side—it had a chain to it, and a locket, a gold key, and a ring—the prisoner said, "I must fetch my other concertina," and went into the tap-room—I then saw my chain hanging loose in front, and mised my watch—I then sent for Mr.
Halford—this watch-chain and other things (produced) are mine—when I bid my friends good morning I looked at my watch to tell them the time, and nobody else came near me afterwards but the prisoner.
Cross-examined by MR. LEWIS. Q. What time did you leave the supper room? A. A few minutes before 3; it was ten minutes or a quarter of an hour before I missed my watch—I had had some drink with Mr. Halford, but had nothing at the bar—I did not treat anybody to drink—the bar is very small, but there was no one near me but the prisoner.
ROBERT HALFORD . I am a jeweller, and the husband of the last witness—on 11th February, about half-part 3, I was called down to the bar of the public-house, and found my wife there, and the prisoner—there were other persons there, but not near him—I observed my wife's chain hanging loose—she said, in the prisoner's presence, "I have lost my watch"—I laid hold of the chain, and said, "And your seals too"—the prisoner said nothing—I had seen him with some cutting pliers that evening—the landlord said, "Nobody shall leave the house till everybody is searched;" and he lit the gas, and pushed the prisoner into the tap-room—I followed the landlord in—there was no one else there—the prisoner put his concertina on the table, on the top of a newspaper—it was in a bag—I had seen nothing else on the table at that time—I moved the concertina, and saw my wife's watch between two folds of the newspaper—the prisoner was standing close by it—I said to him, "The watch is here; the seal and key is not far off"—I asked the prisoner to take his shoes off—he did so; and while he was taking his stockings off I heard something fall on the floor, which proved to be the his and key—I picked them up—it bounded about a yard from him, as he had his foot on a form to take his boot off—he made no observation—I gave him in change—the key is my own make—I am secretary to a society, who were having a supper; and the prisoner made his way into the rooms unknown to the landlord—money was collected for him when he played—these (produced) are nippers and pliers in one—I saw him doing something to his concertina with them that evening—after that I found them on him, and took them from him—you could twist a key like this with pliers, but not without—the chain was not divided, but the rings of the watch was left on the swivel—it must have been taken off by two operations—no one was searched but the prisoner—I knew all the persons there, they all belonged to the society.
Cross-examined. Q. Yon do not mean to say that this has been snapped with the pliers? A. No doubt of it—it has been removed by a twist, but you must have pliers to make the twist—it might be done with the fingers, but with the pliers it would be done in a minute—the ring of the watch is left on the splitring now—I had seen the prisoner once or twice before, playing the concertina—he asked permission to come into the room to play, and to receive contributions from the members—he was allowed to do so, and money was collected for him.
JOHN BELL . I am a tailor, of Young's-buildings, Red Cross-street—I was at this public-house—I came down to the bar a little after 3, and heard Mrs. Halford ask the prisoner to play her a tune—she was standing with her back to the counter, and the prisoner is front of her, close to her—the cercertina was in a bag—he went into the tap-room to fetch a second concertina, and directly after that I heard her say that she had lost her watch, and saw her chain hanging down—I afterwards saw the prisoner go into the tap-room—I, and Mr. Halford, and Mr. Dewdney, went with him—I did not see the watch found—the key dropped about a yard from him as he was taking his stockings off.
Cross-examined. Q. I understood you to say that the watch was missed while the prisoner was out of the room? A. He had gone into the room for his second concertina—there were several persons at the bar—I was about two yards from Mrs. Halford—Mr. Halford asked the prisoner for the pliers, five minutes after the watch had been missed, and he produced them—I could not see the key drop from his stocking; but I saw it under the table, where the watch was found—the watch was on the table opposite to where the prisoner was taking his stocking off—he was searched willingly.
COURT to ROBERT HALFORD. Q. How many persons were in the room where the watch was found? A. Mr. Dewdney, myself, the prisoner, and another person whose name I do not recollect, who was behind me and who belonged to the society.
MR. LEWIS. Q. Did everybody go into the tap-room? A. No; they were kept in the bar: when the landlord said that, no one left the house.
The prisoner received a good character.
NOT GUILTY .
286. GEORGE STEDMAN (37) , Feloniously forging and uttering a request for the delivery of 2 pairs of trousers and 1 waistcoat, with intent to defraud; also a request for the delivery of 6 shawls; also a request for the delivery of 3 pairs of trousers and 3 waistcoats; also a request for the delivery of 2 pairs of trousers and 2 waistcoats; also a request for the delivery of 8 shawls; to all which he
PLEADED GUILTY .— Confined Eighteen Months.
MR. GIFFARD conducted the Prosecution. MR. LEWIS, for the prisoner, stated that he could not struggle against the evidence, and the prisoner in the hearing of the jury, having admitted his guilt, they found a verdict of
GUILTY .— Four Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
JOSEPH BISHOP . I am a butcher, of 19, Shoemaker-row—on Friday evening, 31st January, I had a leg and chine of mutton hanging on a hook, outside the shop, weighing about thirty pounds—I missed them about 7 o'clock—I had not sold them.
EMILY ADAMS . I live at 14, Shoemaker-row, and shall be ten years old next birthday—on Friday evening, 31st January, I saw the prisoner take the meat from Mr. Bishop's shop and run down Friar-street—I am quite sure he is the boy—I knew him by sight before.
Prisoner. I was not there; I was at the Victoria Theatre.
COURT. Q. What o'clock was it? A. I cannot recollect—I had had my tea—I usually have tea about 5—I go to bed at 10 o'clock—I have known him as long as I can remember—he lives near me—his father keeps a milk-shop in the court.
THOMAS HAYWARD (City-policeman, 370). I took the prisoner on 6th February, and told him I wanted him on a charge of stealing mutton from Mr. Bishop's shop—he said, "If you lock me up, I hope you will send me to some school"—I took him to the station, and when the charge was read over to him he said he knew nothing about it he was at the Victoria Theatre—I saw him in the middle of the day on the 6th, but he escaped from me, and I afterwards took him when I was in plain clothes.
Prisoner's Defence. I was not there; I was at work at the City Kitchen till half-past 5; I then left my mate and went over to the Victoria Theatre.
GUILTY.*— Confined Nine Months.
289. MOSS BENJAMIN (47), and EMMA BENJAMIN ( ), Burglariously breaking and enteriug the warehouse of Marmaduke Matthews, and stealing therein 1 epergue, 1 tea-pot, 42 spoons, 29 forks, and a variety of other articles, value together, 300l. his property. Second Count, feloniously receiving the same; also stealing 3 printed books and 1 box, the property of Joseph Hornby Baxendale; Second Count, feloniously receiving the same; in both which Moss Benjamin
MR. METCALFE, for the prosecution, dated that the prisoner had been a receiver of stolen property for fifteen or twenty years.
Five Years' Penal Servitude.
There were two other indictments against the prisoners, and the COURT directed a reward of 5l. to be paid to the officer Robinson, for his exertions in the case. MR. METCALFE offered no evidence against the female prisoner upon any of the indictments.
290. MARY PRIDMORE (50) , Stealing 14 yards of ribbon and other articles, value 17s. the property of George Stagg and another; to which she PLEADED GUILTY , and received a good character.— Confined Three Months
PLEADED GUILTY .—He received a good character; and Mr. Lyttler, an auctioneer of Great Portland-street, engaged to take him into his service.
Recommended to mercy by the prosecutor.— Confined One Month in Newgate
THIRD COURT.—Tuesday, March 4th, 1862.
PRESENT.—Mr. Ald. BESLEY and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY.**— Six Years' Penal Servitude.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months each.
PLEADED GUILTY .— Confined Nine Months.
297. JOHN PITT (31), JANE CLOSE (35), HARRIET YOUNG (46), and MARGARET YOUNG (20) , Feloniously having in their possession a mould on which was impressed the obverse side of a shilling; to which PITT, CLOSE, and MARGARET YOUNG,
PLEADED GUILTY .
MESSRS. COOKE and CRAWFORD conducted the Prosecution.
JAMES BRANNAN . In consequence of information I received, I went to 1, Pimlico-walk, Hoxton, on 27th February, at 7 o'clock in the morning, accompanied by my son and other officers—we broke the outer door and the parlour door—there is a parlour and a back room—I broke the front parlour door in first, and directed the officers to go in—the two Youngs were there with a baby—the other officers went there—I and my son went into the back yard to the back door leading to the kitchen—I did not go through the parlour—there is a door into the back-room from the yard, and also a door between the back room and front parlour—I broke open the door from the yard into the back room—it was partially opened by my son when I got there, and he was held in the door by the prisoner Pitt, who resisted violently, and was assisted by a bed which was thrown across the door—before I got in I was seized in the private parts by Pitt, from within the room—he put his hand out—he was naked—I was halfway within the door—he and Close were both undressed—Sergeant Brannan said, "She's breaking the mould"—at that time Inspector Webster pushed in behind me, and assisted me to seize the male prisoner—Sergeant Brannan and Inspector Bryant seized Close, and took from her hand these fragments of plaster of Paris moulds (produced)—I had hold of Pitt by the hair of the head and he said, "Leave go of my head, Mr. Brannan, you will find all you want on the shelf; there is a galvanic battery, and all you want"—he was then secured by Inspector Webster—I went to the shelf and found in this basket (produced) a cylinder jar, and another jar, both containing acid, a copper wire which has been dipped in solution, and all that forms a complete battery—on the mantle-shelf in that room I found in a little box, two 3d. pieces and a sixpence, counterfeit—we then proceeded with the prisoners into the front room—I pulled down the blind—one of the Young's was on the bed, and the other one lying on another bed on the floor—on pulling down the blind I saw Margaret Young put her hand underneath the clothes of the child which the elder prisoner had in bed with her—I said, "You have passed something to your mother; I am not going to be done in that way; let me have it"—they both positively denied that there was anything passed—I said, "Don't let's hurt the baby; I am determined to have it"—I seized the elder prisoner Young by the wrist, and in it I found this purse (produced) which contains two shillings, two groats, and a counterfeit 3d. piece—I then said to the prisoners that I had received instructions from the authorities of the Mint to look after them as dealing largely in counterfeit coin—I said, "It appears the imprisonment you both have had has not had the desired effect"—the younger prisoner said, "I did pass it, Mr. Brannan;" and the elder prisoner said, "That is all we have got; you will find no more, Mr. Brannan"—previously to that I addressed Pitt and Close and told them I had had them under observation for some time—Harriet Young said to her daughter, "That is the fruits of acting kindly towards others"—I produce the whole of the articles I have mentioned—the baby is the illegitimate baby of the younger prisoner—it was born in prison.
JAMES BRANNAN, JUN . (Police-sergeant, G 21). I was one of the party of police on that occasion—on the bed where Harriet Young was lying in the front room, I found these two counterfeit shillings (produced) separately wrapped in paper.
BENJAMIN BRYANT (Police-inspector, G). I was with the party on the occasion of breaking into this house—I found these three counterfeit shillings (produced) on a shelf in the back room, wrapped up separately in paper as they are now.
CHARLES WEBSTER (Police-inspector). I accompanied the party—I produce a ladle containing some white metal, also a get, a file with white metal in the teeth, and some black composition used for flumming, a knife, a tooth-brush, some white sand, and a piece of glass—I found those in the back room where Pitt and Close were—in the front room where the Youngs were I found a bag with white sand in it—(The articles were here produced).
WILLIAM WEBSTER . All the coins produced are counterfeit—here is a fragment of a double mould for a shilling and a sixpence, simply giving the obverse side of the two coins—one of these shillings found in the purse appears to me to have been made in that mould—here is a fragment of a mould for threepenny pieces, and here is a threepenny piece from that mould—here is a fragment of a mould for fourpenny pieces, the reverse side; and here is a fourpenny piece from that mould—the two shillings found by Sergeant Brannan, are out of this mould—all these articles which have been enumerated, the files, tooth brush, and sand, are used for the purpose of coining—I have been connected with the Mint authorities for twelve years in these cases.
COURT. Q. How many shillings correspond with the mould? A. Both the shillings found on the bed, and the one from the purse correspond; and also the two shillings that were wrapped up in paper.
HARRIET YOUNG, GUILTY .
PITT* and HARRIET YOUNG**— Seven Years' each in Penal Servitude.
CLOSE* and MARGARET YOUNG*— Five Years' each in Penal Servitude.
MESSRS. COOK and CRAWFORD conducted the Prosecution.
WILLIAM JONES . I am a hatter and keep a post-office at 34, Charles-street, Middlesex Hospital—on 15th January last, the prisoner came into my shop—I was not in the shop at the instant he came in, nor did I hear him ask for anything—I was called into the shop, and my wife gave me a half-sovereign—she passed it to me, and I said, "I believe it is bad"—I had seen the prisoner give it to her—I said to the prisoner, "This is bad"—he said, "How's that, I have just had it from the country"—I said, "Very well, at all events I shall not give it you back again"—he said, "Oh! very good," and walked away—I kept the half-sovereign, and afterwards gave it to policeman C 79—I did not notice what day.
THOMAS SNOOK . I am an errand boy at Mr. Tyrrell's in Greek-street—on Saturday, 25th January, the prisoner came into the shop and asked for 10s. worth of postage-stamps—I put the stamps on the counter to him and he threw down a half-sovereign, took the stamps, and ran out of the shop—my master's niece was by; she cried out something to me, and I ran after the prisoner, and saw him at the corner of the street—he was a good way from me, running—he ran out of my sight—I am certain he is the man—I gave the bad half-sovereign to Mr. Tyrrell.
for 5s. worth of postage stamps—I did not like the look of him, and I called Mr. Erle—he produced a 5s. piece to Mr. Erle who found it bad, and asked him where he got it—he gave it back to the prisoner, after having broken it so that he should not pass it again—the prisoner left the shop as quickly as possible—he did not produce any good money to pay for the stamps.
RICHARD FOWLER . I keep a chemist's shop at 14, Brewer-street, Goldensquare—it is a post-office—on 31st January the prisoner came in and asked for half a sheet of letter stamps, which was 10s.—he tendered a half-sovereign in payment—I handed him the half sheet—I perceived directly that the half-sovereign was bad—the prisoner was then close by the door, going out—he took the stamps and went out as quickly as possible—my partner ran after him and brought him back—I said, "This half-sovereign is a bad one, have you any money to pay for the stamps?"—he said, he had not got any—I then took the stamps from him; he had them under his arm—I sent for a policeman, gave him in custody, and gave the bad coin to the policeman.
JOHN CHAPMAN (Policeman, C 79). The prisoner was given into my custody—I received one of these three half-sovereigns (produced) of Mr. Fowler, one from Mr. Tyrrell, and the third from Mr. Jones—the prisoner was searched—nothing was found on him—he refused his address.
GUILTY .— Confined Twelve Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
HARRIET CUBLEY . I am barmaid to Mr. Dunt who keeps the Eastern Hotel public-house, in the West India-road—on 1st February, about 8 o'clock in the evening, the prisoner came there, and asked for a glass of six ale, which came to three-halfpence—I served him, and he gave me in payment 1s.—I had rather a doubt about it; but I put it in the till where there were other shillings, and I took the change out, a sixpence, a fourpenny-piece, and 4 halfpenny, to the best of my belief—I afterwards saw the prisoner and a woman at the bar, and he asked her what she would take: she said, "Two pennyworth of rum"—I served her with it, and he tendered for that a bad florin—I knew it was bad as soon as I saw it put down, from his manner—I then went directly to the till and took a bad shilling out, from the top—I am sure it was the same I put in—I took the two pieces to Mr. Dunt—the prisoner made an excuse that the woman had beguiled him in, and he was allowed to go—I kept the 1s. and the florin, and two or three days afterwards I gave them to constable Gray.
ELIZABETH DARBY . I live with my brother who keeps a beer shop in the West India Dock-road—on 1st February, about a quarter to 9, the prisoner came to our house and asked me for a glass of ale—I served him, and he gave me a shilling in payment—I looked at it and found it was bad—I said to the prisoner, "This is a bad one"—he said he did not know that, and gave me another, I looked at that and found that was bad also—I then told him they were both bad—he did not say where he got them—I then sent for a police-constable and gave him into custody, and gave the two shillings to Sergeant Gray.
EDWARD GRAY (Police-sergeant, K 20). The prisoner was given into my custody at this beer-shop—the last witness gave me these two shillings—I afterwards received from Harriet Cubley this florin and shilling—I searched the prisoner and found on him one halfpenny, a purse and a knife—I told him what
he was charged with, and he said he did not know they were bad—it was about ten minutes to 9 when I took him into custody.
Prisoners Defence. I met a woman outside the public-house, and she asked me to have something to drink, I said I had no money, and she gave me a two shilling piece. I went in and called for the glass of rum, she came in, and then walked out again in a great hurry, and the lady detected it was bad. I then paid for the glass of rum myself and went out. On my way home I went into this beer shop, and called for a glass of ale, and gave a shilling which was bad. I did not know it was bad, and this policeman took me in charge. I did not know what I was doing.
GUILTY .— Confined Twelve Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
CAROLINE CATHERINE DOBBS . My husband keeps a chandler's shop, at 13, Horse-shoe-alley—on Sunday, 5th January, the female prisoner came to our shop, I think it must have been between 9 and 10 in the morning—I served her with some small articles, the price of which was about 7d. or 8d.—she gave me a half-sovereign in payment—I fancied it was not good and took it into the parlour to my husband—he went out for a policeman—the prisoner was still there, and as my husband was going out, I said he was gone to get change—he shortly returned with a police-constable—I then said to the woman, it was very wrong for her to bring in bad money—she said, "Oh, you can send for my brother"—while my husband was gone for the constable I saw her brother, as she said, walk by the front of the shop three times—I had seen the woman go to and fro up this court, but I did not know this was her brother till she said so—I did not go to her landlord—he went up and called her brother, he lived there—he came down with the landlord to the shop—I said to him, "You see here is a bad halfsovereign that your sister has brought"—he said, "I won't believe it, give it to me;" but we would not give it to him—my husband cut it in half with a pair of scissors, and gave half of it to the male prisoner—he said it was no use to him, chucking it across the counter—I kept one half—the prisoners were then allowed to go—I had known the young man come into the shop a number of times—I afterwards gave the piece of the half-sovereign to the constable Chillingworth—I do not know what became of the second piece, it went on to the floor.
WILLIAM RICHARD TAYLOR . I am a tobacconist living in Chiswell-street—on Saturday, 1st February, in the evening, te male prisoner came to my shop about half-past 9—I served him with an ounce of tobacco, which was 3d.—he gave me a bad 5s. piece—I gave him the change and he went away—he had been gone about a minute when I found the crown piece bad—I went out to look for him, but could not see him—mine is not a corner shop, it is about two doors down Chiswell-street—I wrapped the crown up in paper and put it aside—later in the evening, about 11 o'clock, the female prisoner came in and asked for half an ounce of tobacco, which was threehalfpence—she gave me in payment a bad two-shilling piece, which I discovered
immediately—I told her it was bad, and she said, "Well, Sir, I was not aware it was bad"—I gave her into the custody of Sergeant Hooker, and gave him the bad florin, and crown-piece—I also gave him a description of the man—I afterwards went that evening, with the sergeant, to 10, Sander's-buildings, and saw the male prisoner getting out of bed there—I identified him, and gave him into custody—when I charged him with passing the bad 5s. piece, he said he came into the shop and tendered me a shilling for a cigar, and I gave him a light, and said, "Good night"—that was not true.
WILLIAM SCOTT (Policeman, G 45). I was on duty in Chiswell-street, on the evening of Saturday, 1st February—I know the shop of Mr. Taylor, the last witness—I was in Chiswell-street, from 10 o'clock, during the night—I saw the prisoners together at the corner of Bunbill-row, in Chiswell-street, about 100 or 120 yards from the shop—I stopped about a couple of minutes and they moved away in company, and I lost sight of them—I had occasion in the course of my duty before that evening, to go to No. 10, Sander's-buildings, on two occasions—I had found the prisoners occupying the same room—it is a sitting room and bed-room, both.
Williams. That is not my room, you have not been there.
COURT. Q. What time was it when you have seen them in that room together, day or night? A. In the daytime.
CALEB HOOKER (Police-sergeant, G 3). On Saturday, 1st February, the female prisoner was given into my custody, and Mr. Taylor gave me this bad florin, and 5s. piece (produced)—while I was taking the woman to the station, the male prisoner came up to her and said, "Hallo, Mary, what have you been doing?"—she said, "I took a bad two shilling-piece"—he said, "Where did you get it?"—she said, "A man gave it to me when I took my work home to-day"—he then said that she was nearly blind, she could not see what she did take—I took her to the station, and the man followed right up to the station door—outside, at the police-station, the woman gave me her address, 10, Sander's-buildings, Horse shoe-alley—she then said that she had got the florin to get some tobacco with, for a young man who came sometimes to see her sister—I did not see her searched—I went with Mr. Taylor to 10, Sander's-buildings, and there found the male prisoner—I went up stairs first to see if he was there, and then called Mr. Taylor up and asked him if any one was there that he knew, and he at once identified the male prisoner as being the man who passed the bad 5s. piece previous—there was a bedstead in the room, and part of a bed—the prisoner was lying on the bed with his coat off—I told him I must take him into custody, and he attempted to take out some good money and give it to another woman who was in the room, and while I was trying to pick that up, he slipped out of the room behind my back—I went after him, fetched him back, and took him into custody, after I had got the money, 6s. 4 1/2 d. good money—I produce part of a half-sovereign I got from Mrs. Dobbs—I gave it to the other constable—it is produced here.
Williams' Defence. I went into the tobacconist's about 8 o'clock, and asked for a cigar, and gave him in payment a shilling and reoeived 10 1/2 d. out.
WILLIAMS— GUILTY .— Confined Twelve Months.
WHITE— GUILTY .— Confined Nine Months.
The prisoner (after having been given in charge) stated, in the hearing of the jury, that he wished to plead Guilty, and the Jury then returned a verdict of
GUILTY .— Confined Six Months.
MR. COOKE conducted the Prosecution.
MARIA LYDIA FLETCHER . I am barmaid at the Manchester Arms, Adam-street East—on Monday, 24th February, Clark came there between 1 and 2 o'clock, and I served him with a glass of ale, which was 1 1/2 d.—he gave me a half-crown—I looked at it, discovered that it was bad, and bent it with the detector—I told the prisoner it was a bad one, and gave it him back, and he paid with a good two-shilling piece—this (produced) is the halfcrown—I did not see anything of the other man.
JURY. Q. How do you know it is the same half-crown? A. Because I bent it—I looked carefully at it.
WILLIAM SAMUEL COWLEY . I am barman at the Cock and Lion, in Wigmore-street—on Monday afternoon, 24th February, the two prisoners came there about 2 o'clock—Clark asked for half a quartern of gin, which came to 2 1/2 d.—I served him, and he gave me a half crown—I put it into the detector, bent it, threw it back to him, and told him it was bad—he said if it was a bad one it was no use to him—I said it was no use to me, and that he had better say where he got it from—he passed it to Goldsmith, and Goldsmith paid me—I see a mark on the head of this half-crown (produced)—it is the one I bent in the detector.
JAMES CHILTON . I am barman at the George, in Portland-street—on Monday afternoon, 24th February, Clark came there, at about a quarter put 2—I served him with a glass of ale—he gave me a half-crown—I put it into the till, where there was no other money, and gave Clark the change—Knight, the constable, came in, and from what he said I went to the till—I took out the half-crown that I had just put in, and found it was bad—I gave it to Knight, and the prisoner was taken into custody.
THOMAS KNIGHT (Police-sergeant, D 19). I was on duty in the neighbourhood of Wigmore-street, on Monday, 24th February—in consequence of information I received, I followed the two prisoners—I first saw them in company in James-street, Oxford-street, not 150 yards from the Cock and Lion—I followed them, and I saw them both go in there; they came out together—I then went into the Cook and Lion, and asked some questions—when I came out again they were going up Wigmore-street—I followed them to the George, in Portland-street—on my way there I got another constable to go with me—when I got to the George, Goldsmith was standing outside the door—I first took Goldsmith into custody, gave him to the other constable, and then went inside, where I found Clark; and, in his presence, asked the barman what money he had received—this halfcrown was produced from the till, and given to me, and I took Clark in custody—when I came out I saw Goldsmith drop a halfcrown from his pocket—I called to the constable Griffin, and told him that the man had dropped a halfcrown—I saw him pick it up—I found this bent halfcrown on Clark—it is the one identified by the witness Cowley—I have produced ft halfcrown that I received from Chilton.
Cross-examined by MR. RIBTON (for Goldsmith) Q. Where did you see Goldsmith drop a halfcrown? A. In Mortimer-street, after I came out of a public-house, on the way to the station—I saw it fell from his right hand
side coat pocket—I do not know whether there was a hole iu the pocket—I did not search him—Griffin searched him—I took Clark in custody inside the George, in front of the bar—Goldsmith was in custody outside—he was standing outside before he was in custody.
JOHN GRIFFIN (Policeman, A 377). I assisted in taking Goldsmith to the station—going along Mortimer-street I heard something fall from him—I looked on the ground, and found a halfcrown close by the side of his feet—I said to him, "Hallo, here is a halfcrown dropped"—he said, "I have got a hole in my pocket, and it fell out from there"—this is the half-crown; it is the one I showed to Miss Fletcher—at the station I searched Goldsmith, and found on him two sovereigns, nineteen shillings, three six-pences, three groats, and a threepenny piece, in silver; 1s. 10 3/4 d. in copper, a tooth brash, a little pocket-comb, and a bit of India rubber, and little articles he had been purchasing, all new; different packets, wrapped up separately.
Clark's Defence. On Saturday morning I went after a situation at the Blackfriars-road, and from there I went to Cambridge-terrace. I was going down home, and met some friends; I had something to drink, and had change for a sovereign. On the Monday morning I went down there again; I met a friend, and went and had a glass of ale with him. I must have taken the money there on the Saturday night. I had had too much to drink then, and also on the Monday.
THOMAS KNIGHT (recalled). I found these papers (produced) on the prisoner Clark—one is a letter written from a lady from Dover to give him a character, and here is a letter to a gentleman at Russell-square—I went there, and they said that he was a very good servant when with them, and they had recommended him to a lady at Dover—that is where the letter is dated from—he had been drinking at the time I took him—I should think he knew what he was about—he went before the Magistrate two hours afterwards, and seemed to be quite sober then.
CLARK— Confined Nine Months.
GOLDSMITH— Confined Fifteen Months.
PLEADED GUILTY .
MR. RUSSELL, for the prosecution, stated that the prisoner was in the service of the Alliance Insurance Company, and had been so for fourteen years, and that he was instructed not to press for any heavy punishment.
Confined Eighteen Months.
OLD COURT.—Wednesday, March 5th, 1862.
PRESENT—Lord Chief Baron POLLOCK; Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. Ald. CONDER; Mr. Ald. BESLEY; and ROBERT MALCOLM KERR, ESQ.
Before Lord Chief Baron Pollock.
MESSRS. COOPER and ORRIDGE conducted the Prosecution.
JOSEPH FARR . I am assistant to the deceased, Mr. Wincott, in South-street, Manchester-square—on 3d February, about 4 o'clock in the afternoon, I observed some men come down the street—there was at that time a cart standing before my master's door with bones in it—I saw the men come to the cart and pull the bones about—I saw all the three prisoners, and another named Quail—they took bones from the cart and threw at the man viall, who was loading his cart—that continued some few minutes; they then left—after a short time they returned, and followed Viall into the shop—he had gone into the shop, and was in the stop at that time—I believe Quail was the first that followed him, and the others followed him; they were all close together—I did not see any of them go into the shop, only to the door—I did not see Quail go in—whilst at the shop door I saw Quail strike Mr. Wincott; he was then standing at the shop door—after Quail struck Mr. Wincott, Mr. Wincott struck him in return—I afterwards saw Quail With a knife, and saw him stab Mr. Wincott—I did not see anything in Mr. Wincott's hand—I was so near that I must have seen if he had—when Quail stabbed him, he said, "Take that"—I heard one of the others say, "Rip the b—s guts open"—I could not say which it was that said that—I did not hear any other exclamation—I saw one of them with a chopper; I could not say which one it was—I saw him flourish it over his head—I did not hear him say anything—he was by the side of the door, on a level with Quail—after Mr. Wincott was stabbed they all left—I followed them to East-street and there they were taken by the police.
Cross-examined by MR. RIBTON. Q. Was Viall a customer of Mr. Wincott's? A. Yes—I dare say the bone cart had been standing there ten minutes—it was full of bones, all Sorts, large and small; he takes all sorts of bones—I saw these persons before they came up to the cart—I saw them coming up the street—they were all together; they were all drunk—they went up to the cart—they were coming in the direction of the cart—they did not seem to know Viall—they began taking the bones as soon as they got to the cart; they were holloing, and hurrahing, and kicking up a row, and laughing—they appeared to be very frolicsome—I did not think they meant to do any harm in the first instance—I did not think it would be anything serious—I am positive these are the three men—I did not see Viall fling bones at them—the matter went on between them and Viall for three or four, or it might be four or five minutes, before Viall Went to take refuge in the house—no conversation passed, only as they were throwing bones at him—some got up in the cart and took bones in their hands to hit him—I did not hear any words—the cart was Standing by the kerb, close to the door, except, the width of the pavement—Mr. Wincott was not standing at the door from the commencement, I called him just before Viall came in—he was not standing at the door as Viall came in; he was standing further back in the shop—Viall had taken out all the bones we had to give him—Mr. Wincott came to the door as soon as Viall came into the shop—the prisoners were close after Viall—they followed Quail up—it might have been two or three minutes from the time Viall entered the shop until the blow was struck—I was examined yesterday—I did not then say that the expression, "Rip the b—s guts open" was made use of after the blow was struck—I am quite sure it was used before the blow was struck; I have no doubt about it—I heard it just before—I was very much excited and alarmed as soon as the blow was struck—I was just by the side of Mr. Wincott, a little further
back—the knife was lying just outside the shop door, on the shop-board—I did not see it taken up; I did not see the man seize it—Mr. Wincott was near his door at the time the blow was struck—I could not say which it was that used the expression—I don't say it was Cox that was flourishing the hatchet; I could not say which it was, it was one of them—the hatchet was lying close beside the knife—the men were all outside the shop door, standing on the pavement, at the the shop door; they seemed all as though they wanted to rush in—Quail was not inside the shop door at the time the blow was struck—he was standing with his left hand by the side of the door, and one of his feet up by the threshold of the door.
WILLIAM VIALL . I am a bone-boiler, and live in Bower-road, Hackneywick—on 3d February, about 4 o'clock, I was removing bones from Mr. Wincott's—at that time four men came down the street to my cart—the prisoners are three of the men, and Quail was the other—on coming to my cart they took up the bones and throwed at me—they then left and then returned—I was in the shop when they returned, and these three men were all round the door, and Quail was just inside the shop door—Mr. Wincott was just inside the shop—I heard one of these men say, "Give it to him"—I do not know which one it was—they only said it once that I heard—then Mr. Wincott was stabbed—I did not see Cox with anything; that was all I saw—the prisoners then left—I stayed by my cart.
Cross-examined. Q. Had you completely finished loading? A. Yes; I was just loading—I had got the bones all round the cart, and was packing them—I had never seen the men before—I did not pelt them with bones; I took one in my hand to defend myself, and struck one on the arm, I do not know which—they went away about fifteen yards and then returned again, after they had pelted me—I had not left the cart before they went away—by the time they returned I was inside the shop after my coat—I was ordered to go in, but I went to get my coat; if I had had my coat on I should have driven away—I saw Mr. Wincott strike Quail; it was immediately after that that Mr. Wincott was wounded—these three men were all outside the shop when the blow was given; they were on the pavement close to the shop door—Quail was close against the shop door—I had never been pelted with bones before—I never knew tricks of this kind played on bone-boilers when their carts were loaded with old bones.
GEORGE FLOWER . I am a fishmonger of 61, Ashburton-grove, Hornsey-road—on 3d February about 4 o'clock, I was passing along South-street, and saw the three prisoners and Quail coming along South-street—there was a bone cart outside Mr. Wincott's door—Quail jumped on to the step on one side, and Poulton on the other; they got into the cart on each side, and throwed bones at Viall—Cox and Walsh were standing by, saying, "Go it, let him have it"—they then went away—they came back again—Viall had not entered the shop before they returned; he was just going into the shop when they came back—Quail took up the knife and stabbed Mr. Wincott in the groin on the right side; and afterwards Cox took up the chopper that was lying by and waved it over his head, and said, "You b—, I will have your head off"—I saw Mr. Wincott stabbed.
Q. Before that stab, or at the time, or just after, did you hear any exclamation by any of them? A. Yes; Poulton and Walsh said, "Go it, let him have it"—both of them said so—they said, "Let him have it," meaning the man inside, Viall—Mr. Wincott was about as far from them then as I am from the second juryman—that was all I heard—I went after them and assisted the constable, and I was kicked and knocked down, and got my coat torn.
JURY. Q. Was the expression, "Let him have it," made use of before or after the stab? A. After; it had no reference to the stab.
DANIEL GOODCHILD . I am a greengrocer, and live at 31, South-street, Manchester-square—on 3d February, I was in South-street about 4 o'clock—I saw Viall in his cart, and Quail and the three prisoners were at the cart—I saw a basket heaved by one of them, and a tub by another; but I won't swear which it was did it—after staying there some time, they went on for about ten or fifteen yards—they then returned, and tried to get up at the side of the cart—Viall got off the cart, and went into the shop—they all went a way two or three yards a second time—I saw a bone thrown in after Viall—I could not say which it was threw it—then they were all fighting at the door—they all rushed to the door as soon as they saw Viall go in; but I could not say who was inside—I did not hear any of the prisoners say anything—I saw them kept out of the shop, by whom I don't know—I did not see Cox have anything in his hand, or do anything—I afterwards saw them leave, and followed them.
WILLIAM SPINKS . I am the manager of a tripe shop of the deceased's, at 32, South-street—I was in the shop on 3d February, when this disturbance began—there was a cart before the door with Viall in it—I saw Viall enter the shop, and Mr. Wincott ordered him out—Quail and the prisoners all followed him into the shop—Mr. Wincott ordered them out—they did not go out, and he took hold of them and put them out—I assisted him in doing so—when we had got them outside the shop door, he and I stood against the shop door—he stood on this side, and I on that side—we kept pushing them out, and striking at them as they came in—they returned the blows—I could not say which first struck—I am positive they struck us first—a few minutes after the struggle I heard Mr. Wincott sing out, "I am stabbed"—I did not, before that, hear any exclamation from any of the prisoners—I did not see Mr. Wincott stabbed—I did not know that he was stabbed till he cried out that he was stabbed—I went for the police.
Cross-examined. Q. Do you represent that they were all in the shop? A. Yes; all of them rushed into the shop—they all got in—there was nothing to hinder them—I might not notice Farr at the time they rushed into the shop—I saw him outside just before—I was in the shop—I know Farr—I don't know that he was in the shop at the time the prisoners rushed in—I know he was outside a few minutes before—the whole affair only lasted two or three minutes—I am positive that they were in the shop, and that they were turned out—I did not see Farr in the shop; there was too much confusion to notice—I am quite sure about their being turned out of the shop—they rushed into the shop after the boneman—he jumped off the cart, and ran in for protection.
HENRY GORSUCH TIMES . I am a member of the College of Surgeons—on Monday, 3d February, I was called to Mr. Wincott's shop, and found he had been stabbed—he died the next night, at 7 o'clock—the cause of death was the stab, producing internal hemorrhage.
GUILTY .—Recommended to mercy by the Jury.— Confined Nine Months' each
MR. ORRIDGE conducted the Prosecution.
BENJAMIN DAZEVILLE . I live at 27, Leadenhall-street, and am a merchant in partnership with another, gentleman—on 26th January, the prisoner came to our office—he said he had been recommended to my partner as an
Englishman; and then he said he wanted to have 5l. to redeem a letter which had just arrived from Brussels, containing a draft for 2,300 francs, accepted by Monsieur Gaillet, banker, at Brussels—he wanted the 5l, to pay his landlord for his rent; the landlord having detained the letter containing the draft, and he wanted to redeem it—I told him it was certainly unfortunate to have a letter, containing such a draft, accepted by a banker, detained by his landlord, and that I was ready to lend him the 5l. he was quired, provided I might go with him and see the letter and the draft before giving the money—he then said, "Oh, for my honour's sake I would have the 5l. to give to my landlord without you, because it would be disagreeable to show to my landlord that I have not trust enough for 5l."—I asked my partner what I should do, and he said, "You may lend him the 5l."—he promised he would bring back the letter containing the draft; but, instead of bringing the letter, a few days afterwards he brought only the draft, and when I asked him why the letter was not with it, he said, "You do not want the letter, there is the draft accepted"—I certainly was not very pleased at such an answer in such a proceeding; but I could not have the letter because there was none—this draft he brought me (produced)—he came again two days afterwards, and asked for 5l. more—I told him I could not lend him 5l. more; but, after having talked with him, I agreed to lend him 2l. and my partner received another bill, which the prisoner said was accepted by a Monsieur Boutroid, a merchant, of Paris—he told me he had some other drafts to make on other people, but not accepted; and he made out some in our office—about the 28th he came again; and we sold him a looking-glass, because we thought his bill was a genuine one—we afterwards sold him several looking-glasses—after he had eight of them, I went over to Brussels, I saw M. Caillet, the banker, there, at No. 9 Roe d'Auremberg—in consequence of what that gentleman told me, I returned to England, and on the Saturday night, two days after I had seen M. Caillet, I saw the prisoner at my office—I kept him in conversation while my partner went to fetch the police, and I gave him in charge—I told the prisoner that I had arrived from Brussels, that M. Caillet had declared to me that it was not his signature to the hill, and that he owed him nothing—when he saw he was in the hands of the police, he said, "Oh, Mr. Daseville, you ought to have said this to me before."—I said, "If I had told you this before, you would not have been here"—he also said he had acted in this manner to obtain some money, because he was in want—he was talking in French—what he said was, that he had done so because he was in want of money—he also said it was very likely we should be re-imbursed what he owed us if we left him at liberty.
Cross-examined by MR. RIBTON. Q. Did he say that there was a brother of M. Caillet, M. Justin Caillet? A. No; when he presented the bill he said it was accepted by M. Caillet, the banker; and nobody but a banker could accept the bill—I think M. Caillet's firm is Jules Caillet; but his correspondent is here, who will tell you better than I—it is not "Caillet Frere"—I am quite sure of that—it is "and Co."—the prisoner told me at some time that there was a brother of M. Caillet, M. Justin Caillet, who is now in America, and has been for a long time—he told me that, before I went to Brussels, after I received the bill from him—he said he knew very particularly, M. Caillet, the banker, and had also known his brother who was gone to America, that he had seen him in Paris a few years before—he did not say anything about the brother having given him the bill, if he had I should not have gone to Brussels to inquire—I do not recollect his saying about the brother owing him money; he told me he wanted to pay his
landlord about 4l. 6s.—I think, that he wanted to redeem the letter which had just arrived from Brussels, containing the draft.
FRANCIS KEBRS . I am a merchant, of 30 Great Winchester-street, City, and agent to a Brussel's house—I am well acquainted with M. Caillet, the banker, of Brussels—his address is No, 9, Bis Rue de Auremberg—there in no other banker of that name in Brussels—he has no partner—he carries on business by the name of Caillet Jeune—I have seen him write very often—this aceeptance is not in his handwriting—I know that he has a brother who went to America some two years back—I think he never had any interest in the business—he is not a banker.
Cross-examined. Q. Has there never been a partner of M. Caillet, the banker? A. Never—the banker's Christian name is Louis—I do not know that this ease was adjourned from last sessions in order to procure his attendance—I have not seen his brother Justin for two years—I saw him in Brussels some years ago—I have often seen him at his brother's, in the bank—I am a friend of M. Caillet—I have been to Brussels since 3d January—Justin Caillet had nothing to do at the bank—I have seen him at his brother's house—he was living with his brother—he was engaged in the army—I do not think he kept any account at his brother's—he had no interest in the bank—I know of his drawing some bills on his brother—he never accepted any for his brother; I never heard of it—he had some debts in Paris and he drew on his brother, and his brother made some difficulty about paying the bill, but at last he did pay it, because it was regular bill—I have seen Justin Caillet write, but not very often—I think there are eight or nine clerks in M. Caillet's office in Brussels—he has two cousins who sign for him by procuration in his absence.
THOMAS INGRAM STONHILL . I live at 2, Upper Spring-street, Baksr-street—on 26th January last, the prisoner was lodging with me—he went by the name of Arnold de Bopret—I know nothing of this bill being in my possession on 26th January, or any latter—I had no letter or bill of the prisoner's in my possession—he did not owe me 5l.; he owed me a fortnight's rent—I think the amount was about 23s. altogether.
A translation of the bill was here read, purporting to be drawn by E. Le Roy, on T. Caillet, banker, and accepted by T. Caillet and Co.
BENJAMIN DAZECVILLE (re-examined). I had nevev seen the prisoner before he came to me for the 5l.—his name is Le Roy—he signed that name himself, and I have been to his father's, at Brussels—he said the bill was drawn by himself—I have seen him, write exactly the same handwriting as this, on other drafts that he gave me.
GUILTY .— Four Years' Penal Servitude.
There was another indictment against the prisoner for obtaining goods of the prosecutors by false pretences.
NEW COURT.—Wednesday, March 5th, 1862.
PRESENT—Mr. BARON MARTIN; Mr. Ald, MECHI; and Mr. Ald. BESLEY.Before Mr. Baron Martin.
MR. ORRIDGE conducted the Prosecution.
MORRIS COHEN . I am a bootmaker, of 75, St. George's-street—on Wednesday evening, 29th January, I was at the George and Vulture public-house, Ratcliffe-highway, and saw the decesed, James Gardiner, there—he lives at 1, Denmark-street, Ratcliffe-highway—the prisoner came in between 11 and 12 o'clock at night, and asked Mr. Gardiner for his chest, or clothes, I do not know which, at he wanted to go away to Cork in the morning—Mr. Gardiner made no reply—the prisoner stood there some few minutes, and asked him again and again for his things—Mr. Gardiner referred to me, loud enough for the prisoner to hear, saying, "Is not it a hard case, Mr. Cohen, that I should be tormented by a boy like this?"—I said, "Mr. Gardiner, take no notice, and go home"—I told Mr. Gardiner at the same time not to strike him, as I thought he was irritated—the prisoner said, "Are you going to give me my clothes, or by Christ I will let you see in a moment," or something to that effect—I then saw him leave the house—he returned in a few minutes, came to Mr. Gardiner again in front of the bar, and asked him for his clothes—I said, "Mr. Gardiner, go home"—Gardiner and I then went outside the public-house door; between the kerb and the door, about the middle of the pavement, when the prisoner asked him for his clothes again—Mr. Gardiner said, "Do not be tormenting me, you saucy boy; you shall have everything that belongs to you as soon as you choose to pay me the balance which I am entitled to—the prisoner then laid himself on Mr. Gardiner in this manner—he leaned on him, and Mr. Gardiner pushed him away—the prisoner then made a stroke at him, and, when making a second attempt, I saw the blade of a large knife—I called out, "A knife, a knife"—Mr. Gardiner then said, "I am stabbed, I am stabbed; run for a constable"—I said, "I am afraid, Mr. Gardiner, he has the knife in his hand"—Mr. Gardiner ran into the George and Vulture; he took down his trousers, and I saw a large gash in the side of his abdomen—I did not go for a constable; I was afraid to go out—the prisoner was outside, leaning towards the first window, but I was confused, and that is all I know.
Cross-examined by MR. SLEIGH. Q. What was Mr. Gardiner? A. A lodging-house keeper for sailors—the prisoner came into my shop, and had a pair of boots—he is a sailor boy, and had been at Mr. Gardiner's lodging-house some few days—he had just come from a voyage—I do not know whether he had placed his clothes and wages in Mr. Gardiner's keeping—I do not know whether it is a matter of habit and practice among lodging-house keepers for sailors to do so—they generally deposit their clothes; I do not know whether they do their money or not—the prisoner said that he wanted his clothes, to go to Cork in the morning—the deceased said, "Get away you saucy boy"—he said, "I will give you your clothes as soon as you pay me the balance"—this is not the first time I have said that—I have been examined before, and said so then; I swear that—when I cautioned Gardiner not to strike the prisoner, he was not about to do so—I cannot say whether Mr. Gardiner was a man of very irascible temper—I do not know that he is continually having altercations with these poor sailors in his house—I never was there, and have heard nothing of the sort—I never heard anything of the kind, not there; not at the George and Vulture; I
never visit public-houses—I never heard of a row with Mr. Gardiner—I cannot say whether I have heard that he occasionally had quarrels with poor sailor boys in his house—I am not prepared to answer the question—he had not that I know of.
COURT. Q. Do you recollect, because this is a serious matter, have you heard that he was a person who was in the habit occasionally, of falling out with sailors in his house? A. Not that I know of.
MR. SLEIGH. Q. Are you prepared to say that you never heard that poor Gardiner and the men who lodged in his house used to have quarrels? A. I should have said so before if I had known it—I do not know what I meant by saying "not there" a minute ago—I said so because you ask me questions that I cannot answer.
MR. ORRIDGE. Q. How long had you known Mr. Gardiner? A. Five or six years, from what I have always seen of him, he was a very goodtempered peaceable man.
COURT. Q. You say that the prisoner laid himself upon Mr. Gardiner, and Mr. Gardiner pushed him away, did he push him away with violence? A. No.
GEORGE PETERSON . I am a Norwegian and can speak very little English—I am lodging at 41, St. George's-street, Ratcliff-highway, next door to the George and Vulture public-house—on the night Mr. Gardiner was stabbed, I was outside the George and Vulture, and saw this boy come out of the public-house—in a minute afterwards Mr. Gardiner came out, they both went into the middle of the street and the boy turned round and struck Mr. Gardiner with a knife—I saw a knife in his hand before that—Gardiner was smoking a long pipe, it was between 10 and 11 in the evening—I did not hear the prisoner say anything—Mr. Gardiner, when he was stabbed, went into the public-house with his hand like this—I did not see what became of the knife—the prisoner went over to the public-house window, and I did not see anything more of him, a lot of girls oame round and I went away—I did not see Mr. Gardiner do anything to the prisoner.
Cross-examined. Q. How far from the door of the George and Vulture was it? A. Some three or four fathoms—I was not in the public-house at all.
SUSAN THOMAS . I am the wife of the landlord of the George and Vulture—I was not examined before the Magistrate, but I was before the Coroner—on this Wednesday night I saw what took place between the prisoner and Mr. Gardiner in the public-house—Mr. Gardiner and Mr. Cohen went outside, I then heard a cry of "Oh!" and Mr. Gardiner came in and said. "He has stabbed me"—I had known Mr. Gardiner five or six years—he was a neighbour of mine.
Cross-examined. Q. Had this boy been in your house before that night? A. Once before, and that was in company with Gardiner, who introduced him to the house—Gardiner kept a lodging house for sailors in the street, opposite our house, and he and his lodgers used our house—the prisoner said to Gardiner, "Why don't you strike me?"—Cohen was close to him and must have heard that—I was attending to my customers and happened to hear chance bits of the conversation—the prisoner was in an angry, excited state, at Mr. Gardiner refusing to give him his clothes—Gardiner had not been there three or four minutes when the prisoner came and asked for his clothes—the prisoner followed him and said, "I will have them," and said that he wanted to go to Cork in the morning—I heard Gardiner say "No"—I did no hear him say, "You saucy impudent fellow"—I did not hear Mr. Gardiner say that he would kick him out of the house—I
did not hear what immediately proceeded the lad's saying, "Why don't you strike met?"—I beieve Mr. Gardiner was a married roan, his widow in at the house—I have known Gardiner live or six years—I do not know whether this was the first altercation I have heard between him and persons in the house—he was not, that I saw, a man of very irascible temper—I do not know that he and his lodgers very often quarrelled about his keeping their clothes, and his wanting to keep them for them.
COURT. Q. Do you know how much money he had, or what was his claim upon him? A. I heard that the wages that the prisoner took, were 3l. 7s.; but I did not hear that he had given that amount to Gardiner.
MR. ORRIDGE. Q. Then you never heard that Gardiner was a quarrel some man? A. No; I live in the street opposite him—the boy only came into our house once that evening after Mr. Gardiner, before this happened—Mr. Gardiner came in about 8 o'clock, but he did not stay a quarter of an hour, he came in a second time between 10 and 11.
CHRISTIAN OLSEN . I am a Norwegian—I do not understand English well—I was at the public-house on the night in question—Mr. Gardiner entered it at about a quarter past 9, and a quarter of an hour afterwards the prisoner came in and asked Mr. Gardiner when he would go home—Mr. Gardiner said, "11 or half-past 11"—I sat there, and at 10, or a quarter past, the prisoner came back again and holloaed out, "Are you coming home?"—Mr. Gardiner then went out with the prisoner, and when he got to the passage he said, "If you do not settle with me I will give you something you do not know"—he went out, and I never saw him since till he was dead, at a quarter past 11.
Cross-examined. Q. When the boy said, "Will you settle with me?" did not Mr. Gardiner reply to him in a very determined and positive tone that he would not? A. I never heard it before Gardiner went out—the prisoner said, "Are you coming Mr. Gardiner" and he went out, and the prisoner said, "If you do not settle with me, I will give you something you do not know"—Mr. Gardiner made no answer, I do not think he beard it, he took no notice of it—I have never lodged in Gardiner's house—I have been backwards and forwards to London for seven or eight years—I had been in the George and Vulture that night—I was there when the prisoner and Mr. Gardiner were there, and for an hour before—I did not hear the prisoner ask him then for his clothes, and tell him he wanted to go to Cork next morning—the prisoner came into the public-house and asked Gardiner when he would be home—the boy was in the house only a couple of seconds, he asked and went out again—I saw him come in the second time, he said, "Are you coming home?" in a sharp voice, and he went out to him Gardiner was sitting and talking to the people and reading the paper, what they call Lloyd's List, he was smoking, and we had a pint of porter between us—I did not see whether the prisoner was drinking—I never heard anything about his clothes.
MR. ORRIDGE. Q. Was Mr. Gardiner sober? A. Quite.
ROBERT SMITH (policeman, K 523). I was called to the George and Vulture public-house, and saw the prisoner standing outside against the window in the street—when I first received information of a man being stabbed, I hastened to the house as quick as I could, and just as I was about to enter it I heard the prisoner say, "I am stabbed, I am stubbed"—there was a girl with her arm round him holding him, and tbe other girls round him said, "No, policeman, he is not the man that is stabbed, he is inside"—I went in, and the deceased said, "Policeman, I am stabbed," at the same
time pulling down his trousers, and the blood was flowing—I asked the deceased where the prisoner was"—he said, "He is outside"—I then went outside, and the prisoner was pointed out to me by a man, as the man who had stabbed the deceased—I went to him and asked him where the knife was he said, "I have got no knife about me"—I searched him, and removed the females who were standing about him, but could not find any knife—I took him inside the bar and made another search of him—the landlord said, "Do not search him there, policeman, take him into the tap-room—I took him into the tap-room and the deceased said, "That is the man who stabbed me"—the prisoner said, "Then you should have given me my clothes, as I wanted to go to Cork in the morning"—he did not ask him why he did it.
JOHN BROWN ROSS . I am a member of the College of Physicians, and live at 56, High-street, Shadwell—on Wednesday night, 29th January, about a quarter to 12 o'clock, I was called to the police-station in King David-lane, and found the deceased suffering from an incised wound in the right side of the abdomen, at the lower part: it was about three inches and a half long—I dressed it, and had him conveyed home—I continued to attend him till the time of his death, which was eighty-seven hours after the injury—he died on the 2d February—all wounds penetrating the abdomen are considered highly dangerous—I made a post mortem examination and found that the wound extended through the walls of the abdomen, and there was a wound of an inch and a quarter through the peritoneum—the inner wound corresponded with the external one—the cause of death was inflammation of the peritoneum, produoed by the wound—it was such a wound as would be caused by a stab with a knife—he was sober when I first saw him, and the prisoner also.
JOHN MANNING (Police-sergeant, A 51). I was present when Mr. Selfe, the Magistrate, took the depositions of the deceased, James Gardiner—the prisoner was present and cross-examined Mr. Gardiner—this is Mr. Selfe's signature—I saw him sign it, and Mr. Gardiner also. (Deposition read:—"James Gardiner says, 'I live at 1, Denmark-street, St George's, lodging-house-keeper. Patrick Devereux came to lodge with me last Saturday night, the 25th January. On Wednesday afternoon he paid me 3l.; he owed me more than that; he wished me to return the money that he might himself pay to the tailor and bootmaker; this was about 6 o'clock in the evening; he came three times in the course of the evening to see me at the George and Vulture over the way. I was standing in front of the bar with Cohen, the bootmaker; the prisoner came to the door and said, "Are you going to pay me that money." I said, "I will not," he went outside the door, and said, "By Jesus, I will make you see directly." Mr. Cohen and me stood at the bar for three or four minutes, and then we came out; the prisoner stepped forward as we came to the door, and said, "Are you going to pay me that or not?" I said, "Be off with you, don't come torminting me any more." He had his right hand hanging down by his side; I scarcely had the words out, when he made a plunge at me, and struck me in the lower part of the stomach. Mr. Cohen then called out, "A knife." It was as quick done as thought; I had not myself seen any knife, but I put my hand down and called out "I'm stabbed." I felt the blood I trickling down my legs. I was anxious to see, and ran into the tap-room to pull my things down, and found I had a severe stab. In two minutes the policeman returned with the prisoner, and I swear he is the man who stabbed me; I had never given, him any provocation; the prisoner was perfectly sober and so was I; I went to the station, and Mr. Ross came and saw me, and dressed my
wound. James Gardiner.—By the prisoner. 'I did not tell you I would kick you out of the house; it may have been as late as 10 o'clock when the blow was struck; I did not say I would throw his things out in the street; you disputed the account with me as to what was owing to me, the shoemaker, and the tailor; I did not strike you in this room that night, nor outside; I did not strike you on the breast when I came out of the public-house, and knock you down."
GUILTY .—Recommended to mercy by the Jury on account of the prosecution used.
The prisoner being called upon to say whether he had any reason to give, why judgment of Death should not be passed upon him, said, "My Lord, I came into London on Friday evening and Mr. Gardiner came into the ship and asked me where I was going to board; I told him I had a boarding-house where I was stopping before, named Jacobs; he said that she had left the place altogether; we came up to London in the morning and that man came on board the ship, it was a wet day on Saturday and he stopped all day waiting for the crew and he said "You must come with me for the woman has left the place. I went with him and was four days on shore. I came down and was four days in his house, when I was paid off I went to the office, he had a bit of paper in his hand and said "Are you going to remit your money to me?" I said "I can keep my money myself;" he said "There are a great many robberies about here and it may be picked from you" and I gave it to him. I was paid off the Dunbar and I went to a man named Davis where I bought some clothes. I waited till 3 o'clock and saw him in his own house and asked him if he was going to settle; he said "There is plenty of time the night is long. I went up to his house and then met him in the public-house and said "Are you going to settle with me, Mr. Gardiner; I want to go to ny mother and father in the morning." I was sitting down in his house about an hour, and I came down to the public-house again and asked him "Are you coming to settle with me or I shall lose the steam-boat in the morning?" He came up and came into his house and said "This chap is always offending me and he put his back against the door like this. Some of my shipmates were there but they have all gone away. He said, "You owe five days board," wanting to charge me for Saturday, when I only arrived on Saturday night and he said "There is 4s. for putting the heels on your boots." I said that I would not pay it I could get it done for a shilling. He said "There is 18s. 6d. for the pair of boots you have got on your feet" and he said "You are in my debt." I said "I cannot be for only four days board." He would not settle with me and I went to a policeman and told him of it, in St. George's Highway; he said "You must wait till morning." "I said "I want to have my money before the morning" and the policeman said he could do nothing further. I asked him to come into the house with me and settle for me but he would not, and I went to the public-house; he was there drinking and one of my shipmates was there: I asked him to give me my clothes and I would go home with what money I had in my pocket, he said "Go away you scamp or I will kick your a—" he struck me three times. I said if he kicked me I would summons him in the morning. I am not getting justice, that man (pointing to Cohen) can give me justice if he likes but he wo'nt. He kicked me and turned me out. I went into the public-house, and was drinking, and this man with him, and one of my shipmates and two girls. My shipmates called me in to give me a glass of rum but I would not take it, I was crying. He would not give me my clothes and he
came outside the door. I asked him if he was going to give me my clothes and he struck me in the pit of the stomach. I went in this manner (stoping) and two girls said "Are you stabbed?" I could not speak, and they said, "The boy is stabbed." When I came to my senses I said, "I am not stabbed." I heard no more till I was taken by the police. That is all I have to say, I beg for mercy and I know I shall get justice. Have mercy upon me my Lord, have mercy; don't hang me; my father is an old man and I have no one to help my mother and my little brothers and sisters and what am I to do.
SENTENCE— DEATH .
307. GEORGE BARNES (38), and GEORGE SMITH (38) , Breaking and entering the Church of St. Paul, Whitechapel, and stealing therein divers moneys, the property of the Rev. Robert Hall Baynes, having both been previously convicted of felony; to which they
PLEADED GUILTY .— Eight Years each in Penal Servitude.
JAMES HOLMES . I am in the employment of William Neville, a ware-houseman, of 11, Gresham-street—I was there on the evening of 28th January, standing at the counter about the middle of the warehouse—a boy, who is not in custody, passed me with several parcels of scarves, and passed out of the warehouse—I looked across the counter to the pile of scarves, to see if they had been deranged by the boy, and saw the prisoner coming up with several parcels of scarves—he left the place where they were—I went and stopped him, and asked him what he was going to do with them—he said a gentleman in the street sent him in, and told him to take them, and that if anybody asked him what he took them for, he was to say that Mr. Harrison sent him, and it would be all right—I gave him to Mr. Wheeler, and went out to look for the boy—these are the scarves (produced)
Prisoner. Q. Was I not coming towards you to ask you whether it was right or wrong to take them out? A. You were coming towards the door to pass out with the scarves—you did not pass anyone with them—I do not remember your saying, "If I have done wrong I will put them down, for I do not want them—you put them down when you were taken hold of.
WILLIAM MARTIN (City-policeman, 456). On 28th January, about a quarter to 6 in the evening, I was called to Mr. Neville's, and found the prisoner there, charged with stealing two dozen scarves—he said that he was sent in by a gentleman in the street, named Harrison, to fetch three parcels out, and that if anyone said anything to him, he was to say that Mr. Harrison sent him, and it would be all right—I took him into custody, and asked for his address—he gave me his father's address, and I found that he boarded with his father, but slept somewhere else, as his father had not convenience for him—I found twopence on him.
Prisoner's Defence. I work 136 hours a week: my master has been up here two days to give me a character—the policeman went to one of my masters and he told him I had a good character.
The prisoner's mother produced a written certificate of character from his master, Mr. Winkle.
NOT GUILTY .
309. LOUIS LEVI (30) , Stealing 3 lockets, 1 bracelet, and other articles,value 5l., and 10l. in money, the property of Aaron Levy, in his dwelling-house. Second count, Feloniously receiving the same.
MESSRS. COOPER and OPPENHEIM conducted the Prosecution.
LOUIS BARNET ABRAHAMS . I am a teacher, and live at 9, Gun-street, Houndsditch—on 6th February about half-past 7 in the morning, I went to 23, North-street, Commercial-road, East, and saw the prisoner jump out of the first-floor window and runa way—I followed him and took him, without losing sight of him—I had previously been to Mr. Child's, the pawnbrokers and saw part of the property which had been stolen from the house of the Rev. Aaron Levy, 1, Smith's-buildings, Leadenhall-street.
EDMUND CHILD . I am assistant to Edmund Child, a pawnbroker, of 216, High-street, Shadwell—I produce a bracelet, a gold guard, three lockets, a silver card-case, and two charms, pledged by the prisoner on 18th January, 1862, on two occasions, the same day—he brought the gold guard first, and the three lockets, and two charms, and the other articles on the second visit.
Cross-examined by MR. HOLDSWORTH. Q. Had you ever seen him before? A. Yes, about half a dozen times—he has pledged things at our shop before.
CECILIA LEVY . I am the wife of the Rev. Aaron Levy, and reside with him at Smith's-buildings, Leadenhall-street—these trinkets are my property—I last saw them between 3 and 4 o'clock on 17th January—they were in a drawer of a dressing table, into which I put teu sovereigns, and other money—I locked it—I also put in some postage stamps—the drawer was found in the room about 7 o'clock the same evening when the robbery was committed—I went up stairs with the police—all the drawers were then taken out of their places, and this drawer was empty in the middle of the room, and all the trinkets were gone; they were worth between 30l. and 40l.
Cross-examined. Q. Do you occupy the whole of the house? A. Yes.
JOHN LEONARD . I am a detective officer of the City-police—on 6th February, in consequence of information I received, I went to 23, Commercial-road East, with Mr. Abrahams and Sergeant Shepherd—I knocked at the door—a woman's voice said, "Who is there?"—I said, "A friend, open the door," but instead of opening it, I found that she was bolting it—I called out to Sergeant Shepherd, who was down stairs at the back, and Mr. Abrahams who was at the front, brought the prisoner to me—he was then charged with committing a robbery on 17th January, at the house of the Rev. Mr. Levy: he said that he knew nothing about it—I examined the room, but found nothing connected with this case—I then got the pawnbroker, Mr. Child who identified him at the station-house—that was a few hours after the robbery was committed.
GUILTY on the second Count. He was further charged with having been before convicted of stealing jewellery, in November, 1859,when he was sentenced to two years imprisonment; to which he
PLEADED GUILTY.— Five Years' Penal Servitude.
MR. OPPENHEIM conducted the Prosecution.
HENRY WILLIAM ABBOTT . I am a clerk in the London, Brighton, and South Coast Railway Company, at Willow-walk station, adjoining the Bricklayers' Arms—on 20th January, at half-past 6 in the morning, I sent out van No. 48, loaded with ten barrels and nine tubs of butter—I have a book
here to show it—the entry is made by the clerk, who is in the habit of doing so—barrels are what we call firkins—no other one horse van with butter was sent out that morning—Hands was the carman and Samuel Aldridge the guard—the van was brought back about 7 o'clock the same evening without my butter in it—Hands and Aldridge had returned in the middle of the day stating their loss—they afterwards went in search of the van.
THOMAS HANDS . I am in the service of the London, Brighton, and South Coast Railway Company—I am not a carman, but on 20th January, I took out a one horse van, containing nine tubs and ten casks—it was a quarter-past 7 when I went out at the gate—I delivered the nine tubs, and at about half-past 10 o'clock I was with the van in the neigbourhood of Westminster Abbey, where I left it in the charge of the boy Aldridge, and when I came out from where I had been to, I found the boy coming the contrary way, and could not find the van or the butter—I gave information to a policeman and then went back to the station—the van came back in the evening.
SAMUEL ALDRIDGE . I live at 45, Swan-place, Old Kent-road, and am in the employ of the Brighton Railway Company—on 20th January I went out in charge of a one-horse van containing butter—I went with the driver and delivered nine tubs—we then went with the van to the neighbourhood of Westminster Abbey—the firkins of butter were then in it—Hands left the van, leaving me in charge of it, and a gentlemanly man came up to me and said, "Your master across there wants you," and I went to the corner of a street, but he was not there—he told me to go in a contrary direction to that in which my master had gone—I met the driver, and when we came back the horse and van were gone—we gave information to the police, and then went back to the railway station.
Cross-examined by MR. RIBTON. Q. How was the gentleman dressed? A. In black—I did not see his feet.
THOMAS WHITE . I live at 11, Brighton Cottages, Willow-walk, Bermondsey, and am out of employment—in November last I was in the employ of the Brighton Railway Company—I was not in their employment in January—on 20th January I was going towards Coppice-row, Clerkenwell, and passing through Clerkenwell-green, about twenty minutes past 11, I saw the prisoner driving a one horse van, containing casks of butter as I supposed—I hailed him—I said, "Hallo"—he took no notice, so I walked on—he was dressed in a coat something similar to the one he has on now—I have known him two or three years—he was in the employ of the railway whose depot adjoins the Brighton Railway, and from there he went to Reid's, the corn factors—I can take my oath the prisoner is the man who was driving the van—it was the London, Brighton, and South Coast Railway Company's van—that was inscribed on it; the ordinary inscription which is on all their vans.
Cross-examined. Q. Were you dismissed from the service of the Company? A. Yes; in November—it was for a little misunderstanding between me and the superintendant, not for frequent neglect of duty—I was discharged—I mean to say I was discharged for one single neglect of duty—it was not following upon other acts—that was the only act—I have had no quarrel with the prisoner—I can swear that—I know the Willow-walk station—he did not once ask me, at Willow-walk station, for a truck to load his van with, nor had we some angry words on that occasion—I do not recollect the circumstance—there were other men besides me to attend to him—I have not been trying to get back to the service of the Company—I have been doing nothing since; I have been living at home with my mother and father
—my father works on the Brighton Railway, where I worked—no application has been made to get me back, and I do not intend to apply—I was on the pavement and the prisoner was in the middle of the road, just by the Sessions house—I was twelve or twenty yards from the van, or it might be more.
MR. OPPINHEIM. Q. What part were you in? A. I was going down to Coppice-row, and he was coming up the hill—I was in the employment of the Brighton Railway Company eleven and a half years before I was discharged—I was night foreman there for the last three years—they are very strict in any act of neglect of duty committed by a foreman, and that is reason I got discharged, for neglect of duty that night.
JOSEPH LEE . I live at 8, Philip-street, Whitmore-road, Hoxton, and am a labourer—on 20th January, I saw the prisoner near my place with a horse and van—he was dressed in black—he got down outside, and just put the nose-bag on the horse, and then walked away—the van and the horse were left there—the cloth, the nose-beg, and the whip were left in the van—that was about five minutes past 12—at 6 o'clock that evening, I took it back to the Railway Company—their name was on it.
SAMUEL VINCE (Policemaan, K 331). I took the prisoner on 23d January, and charged him with stealing a horse and van, and ten tubs of butter, belonging to the South Coast Railway Company—on the way to the station he met his mother, who said to him, "What have you done with your father's money?"—he made no reply—that was all that was said at that time—I was present at a conversation between the prisoner and Inspector Richardson—I found 6s. and 10 1/2 d. on the prisoner.
THOMAS RICHARDS . I am a constable in the service of the London, Brighton, and South Coast Railway Company—in consequence of something I heard, I had a conversation with the prisoner, after he was taken in custody—I told him that he was charged with stealing a horse and cart, and some firkins of butter—I said, "In consequence of what your mother has said, I am going to put some questions to you; you can answer me if you think proper, but what you say I must give in evidence against you"—I asked him what money he had—he said 6s. 10d.—I said, "Your mother has asked me to deliver up the money that was found upon you, and she says it will be 10l. or 12l.; what have you done with it?"—he said that he had bought an outfit with it, to go to sea—I said, "Your mother says your father lent you the money to be married with—he said it was not 10l. it was 8l.—I asked him what he had done with it—he said he had spent it.
Witnesses for the Defence.
GEORGE ELRIDGE . I live with the prisoner's father—on Monday, 20th January, the day this is said to have happened, I was at home—the prisoner was there—I came away about 12 o'clock in the morning and left him at home—I went home between 11 and 12 to dinner, and left about 12—I was at work all the morning—I left the prisoner at 5 o'clock in the morning, and returned about half-past 11—he was there then—I remained at home about half an hour, and left after dinner—I did not see the prisoner wearing a suit of black.
Cross-examined by MR. OPPENHEIM. Q. What are you? A. A carman—I do not always get home to dinner—I do when I can, which is sometimes two or three times a week, and sometimes not once a week—I am sure I went home on the 20th, by his being taken in the same week—I go home to dinner, sometimes at 11 or 12, and sometimes not till 3—the prisoner and I sleep in the same room—he was sitting down in the kitchen—no particular
conversation passed between us—I board with his father and mother—I left at 12 or a minute or two afterwards—I am employed at the Great Northern station, Minories, and live in Thames-street, Whitechapel—it takes me about ten minutes to go from the station to my house—I was back at the station after dinner, at about ten minutes past 12.
HARRIET LEE . I am the prisoner's mother—he lives in the same house with me—on the morning he was taken in custody, he got up about half-past 8, and remained at home till half-past 1—I am quite sure of that—he did not leave the house, because he had his boot sent to be mended, and had no others—I took it to be mended.
Cross-examined. Q. What time does he go out every day? A. Sometimes before breakfast, and sometimes after—he was in no employment then—I was going to take his boot to the shoemaker on Saturday, but they are so busy that they cannot do a little job, and I took it in the morning, about half-past 8—the man was just up—I fetched the boot for him about 12 in the day—between half-past 8 in the morning and 12 in the day, the only persons I saw come to the house, were the young man who lodges there, and my own family—my husband and my other son were there, and another person was there from half-past 9 to 12—the shoemaker who repaired his boot is not here.
JANE WHITLEY . I was at Mrs. Lee's house—I went then at half-past 9 in the morning—It was in the week the prisoner was taken—I stayed till 12 or a few minutes after—I saw the prisoner there the whole time—I looked at his feet—he had one slipper on and one boot.
Cross-examined. Q. What are you? A. I do not do anything at present—I take in a little washing and ironing when I can get it to do—I very often go to the prisoner's mother, and I wanted her to cut out a shirt for my husband, which I could net do myself—I was spoken to about this case on the Thursday following—this was January 28th—the mother spoke to me—she came across to my place, and said that her son was taken on a charge of stealing a horse and van with some butter in it—I said, "When did he do it?"—she said, "It was supposed to be done last Monday"—I said, "What time?"—she said, "From 10 to 12"—I said, "He cannot be the man, for he was at home then; they must have made a mistake"—I was examined before the Magistrate—I told him that I went there for Mrs. Lee to cut out the shirt—I did not say that I recollected he was at home, because he was apprehended the next day—I swear I did not—I may have been ordered to go out of the box; I might be told to go out of this box, and of course I should go out—I did get out of the box—that was after an observation of the Magistrate's.
WILLIAM LEE . I am a carman, and have been in the service of the Great Northern Railway for about two years—the prisoner is my son—I recollect the week, he was taken into custody—on the Monday before that, I got home to dinner at five, six, or seven minutes after the clock struck 12—the prisoner was at home then—I left soon after the clock struck 1, leaving him at home—my house is two miles or two miles and a half from Clerkenwell-green.
Cross-examined. Q. What time do you leave to attend to your business in the morning? A. Half-past 5 on Mondays, and half-past 6 on other days—I leave home at 5, and generally go home to dinner if I can get the chance.
COURT to THOMAS WHITE. Q. Were there two people or one, in the van you saw? A. One man.
NOT GUILTY .
THIRD COURT.—Wednesday, March 5th, 1862.
PRESENT—Mr. Ald. GABRIEL; Mr. COMMON SERJEANT; and ROBERT MALCOLM KERR, Esq.
Before Mr. Common Serjeant
MR. COOKE conducted the Prosecution.
WILLIAM WADSWORTH . I am in the employ of Messrs. Grant, linen-drapers, in Oxford-street—on the last day of January, the prisoner came there in the afternoon and bought some binding, which came to about 7 1/2 d.—she gave me a five shilling piece—I handed it to Mr. Wallace, the counting-house clerk, and it was found to be bad—the prisoner produced three halfpence good money.
HENRY WALLACE . I am in the employ of Messrs. Grant—the last witness handed me the five shilling piece—it was found to be counterfeit, and the prisoner was given into the custody of a policeman, to whom I gave the five shilling piece.
JAMES OUTING (Policeman, E 75). The prisoner was given into my custody with this five shilling piece (produced)—she was taken to Marlborough-street, remanded till 5th February, and then discharged—she gave the name of Emma Burkes.
MARY VISE . I keep a poulterer's shop in Newgate-market—on the evening of Saturday, 15th February, the prisoner came for six pennyworth of eggs, at about a quarter past 10 at night—she gave me a half crown—I saw it was bad—I went for a policeman and gave her in custody—I had seen her at my shop before—I gave the bad half-crown to the constable.
JOSEPH MC'DONALD (City-policeman, 256). The prisoner was given into custody on the night of 15th February—I received this bad half-crown (produced) from the last witness—the prisoner was searched at the station-house—I found a penny on her—she gave me an address—I could find no account of her at the place—she was not known there.
Prisoner. The address that I gave was right.
COURT. Q. What address did she give? A. 36, Surrey-street, Blackfriars' road—I inquired there for the name of Jane Smith, and could not hear anything of her—they did not seem to know such a person.
GUILTY .— Confined Six Months.
MR. COOKE conducted the Prosecution.
HENRY PENEL . I keep an eating-house in King William-street, City—on 24th February, at half-past 11 at night, the prisoner came there and asked for a glass of ale, which was three halfpence—he gave me a bad half-crown—I broke it in two, and told him it was bad—upon that he offered to give me three halfpence, but I refused to take it—I gave him in custody, and gave the officer the broken half-crown.
ROBERT HAWKRIDGE (City-policeman, 444). The prisoner was given into my custody on the morning of 24th February—I got this broken half-crown (produced) from the last witness—when the prisoner was searched, there was found on him 4s. 4d. in coppers, and a bad shilling—he said he had no home in London.
GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY.**— Five Years Penal' Servitude.
PLEADED GUILTY .— Judgment respited.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Twelve Months.
MR. ORRIDGE conducted the Prosecution.
RALPH HENCH . I live at 5, Bouverie-street, and am shopman in the employ of Mr. William Reeve, of 30, Fetter-lane, oilman—on Saturday night, 25th January, from what he told me, I went into the street and found the prisoner standing by a barrow with a can of varnish on it—I asked him where he got it—he said, "What's that to do with you, is it yours?"—I said, "Well, I think it is; we will see whose it is"—he seemed rather spiteful at first; but afterwards he said, "I know nothing about it; a man gave me a job to wheel it"—before the policeman came up, he said, "Very well, if it is your varnish take it; I don't want it;" and he was going away—the policeman then came up, and took him in custody—the varnish was ours, taken from just inside the shop door—it had no business out there—it was worth about 2l.
CHARLES HAWKINS . I am a cheesemonger, carrying on business at 26, Fetter-lane, four doors from the prosecutor—on Saturday night, 25th January, I saw the prisoner near my shop—he put his barrow right in front of my shop—I saw him put a can of varnish on the barrow, and wheel it away—I did not see any one with him—I gave information to Mr. Reeve.
COURT. Q. Did you ever find out whose the barrow was? A. No.
Prisoner's Defence. I was wheeling the barrow down Fetter-lane, and a
man asked me where I was going; I said, "Straight down;" and he asked me if I would give him a lift with the can. I said, "Yes." He put it on the barrow; I wheeled it about forty or fifty yards from him, when Hench tapped me on the right shoulder. I asked him what he wanted. He asked me where I got the can from. I told him the man asked me to wheel it for him. He told me to wait a moment. He looked at the can, and I said, "Does it belong to you?" He said, "Yes." I took it off the barrow, and placed it on the pavement. If I had stolen the can, or known that it was stolen, why did I not place it inside the barrow? it would have been concealed there. Instead of which, I placed it on the top of the barrow board, and it could be seen from the top of Fetter-lane to the bottom. I did not know what it contained. I never used any of it in my life. Mr. Hench saw the other man who was with me.
COURT to RALPH HENCH. Q. Did you see another young man there? A. Yes; he went off—I thought he was a companion, and I looked after this one—the other want away directly.
GUILTY .— Confined Six Months.
320. HENRY O'CONNOR (24) , Stealing 13 yards of silk, and within six months 2 yards and a half of silk, the property of Alexander Grant, his master; also, stealing 1 umbrella and case, the property of his said master; to both of which he
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
322. JOHN TAPPLIN (38) , Stealing certain scrip of the Melbourne and Hobson's Bay Railway Company, and of the National Bank of Australasia, value together 6,500l., the property of William James Muttlebury, in his dwelling-house; to which he
PLEADED GUILTY .—Recommended to mercy by the prosecutor.— Three Years'Penal Servitude.
There was another indictment against the prisoner.
FOURTH COURT.—Wednesday, March 5th, 1862.
PRESENT—Mr. Ald. CARTER, and MR. RECORDER.
Before Mr. Recorder.
323. WILLIAM COX (30), was indicted for breaking and entering the dwelling-house of Michael Towell, and stealing therein 3 coats, 2 dresses, 1 watch and chain, and other goods, value 6l., his property; having been before convicted of felony at the Guildhall, on the 9th May, 1853; to which he
PLEADED GUILTY.**— Six Years' Penal Servitude.
MR. GIFFARD conduced the Prosecution.
FREDERICK DOGGETT . I live at 6, Manning-street, Bermondsey, and am warehouseman to Mr. Paul Margetson, of New Westbourne-street, Bermondsey—he has a partner—on 24th April, the prisoner came to the ware-house
about 20 minutes to 2 o'clock in the afternoon—he said he wished to look at some seals—he gave me a card, similar to this (produced)—I showed him some skins, and after a little talking he purchased four dozen of different sizes—he said that if we would send them, he would send the cash back—I should say the lot of skins would weigh about a cwt.—we sent them about 5 o'clock in the afternoon.
COURT. Q. Was anything said as to whether you would part with them except on cash? A. No; he said if we would send the goods in, he would send the cash hack.
HENRY BUTCHER . I am carman to Messrs. Margetson—on 24th April I received a parcel of seal skins to deliver at Bunhill-row—I got to No. 100, Bunhill-row, about a quarter to 6 in the evening—I saw the prisoner there in the shop—I laid the goods upon she counter, gave the prisoner the invoice, it was 33l. 3s., and he wrote me this cheque (produced) for that amount—he gave it to me and I then came away and left the goods, taking the cheque with me, which I gave to my employers. (Read: "London, April 24th, 1861. Messrs. Adams, Spielmana, and Co., pay to Messrs. Margetson and Son, or bearer, thirty-three pounds, three shillings. W. Lucas and Co.)
PAUL MARGETSON . I am the prosecutor, and proprietor of this business at Bermondsey—Doggett is in my service—if a purchaser came, Doggett would submit the conditions of the sale to his employers—without that he would have no authority to sell goods on credit—reference was made to me in this particular case—the warehouseman brought the card in—I sanctioned the goods being sent—I do not consider they were sold for credit—I did not sanction the goods being sent on credit—I did not go to the address on the card on the 25th April; my partner went a day or two after the occurrence—I think I went the second day—I found the place all shut up, and no notice where Lucas and Co. had gone to.
Cross-examined by MR. METCALFE. Q. Did you say anything about credit? A. Not at all—as the principal of the firm, I exercised my own judgment; there was no comment made at all—nothing was said one way or the other.
COURT. Q. Did your warehouseman tell you what had passed between him and the prisoner? A. To a certain extent—he said, that they were for a foreign market, and they were sold on condition that the cash should be paid.
HENRY ROBINSON . I am a partner of Mr. Paul Margetson—on 25th April, about 11 in the morning, I presented this cheque at Messrs. Spielmann's for payment—it was not paid, and I went directly from the bank to Lucas and Co., 100, Bunhill-row—the place was shut up, and the bell broken—there was no notice, that I saw, of where Lucas and Co. had gone to.
FRANCIS KIDD . I have the management of the banking department of Messrs. Spielmann and Co., London-street, bankers—we had an account with Lucas and Co.—I have the book here in which the account is entered.
MR. METCALFE. Q. Is that in your handwriting. A. No.
COURT. Q. Do you know anything about the state of the account except from what you see from that book now? A. No—we have not the clerk here who wrote this, he can be here in a few minutes.
MR. GIFFARD. Q. You are the manager? A. Yes—I have from time to to time to refer to that book—I know of no other account of W. Lucas and Co. except from that which is here.
MR. METCALFE. Q. How often have you occasion to refer to that book? A. Not very often, the cashier would generally refer to it—he is not here.
COURT. Q. Was this cheque brought to you? A. I believe it was—I refused to pay it—I have had no communication whatever with the prisoner—there was 11s. in the bank to the credit of the prisoner at the time this cheque was presented—that was ascertained at the time from the books, and that is why we dishonoured the cheque—I did not refer to the books at all on that occasion—there are three handwritings in this account—there are two cashier's in this department.
MR. METCALFE. Q. Yours is not a regular bank, you deal in bullion do you not? A. We have a regular banking account—we do not admit small deposits; as a rule from 100l. to 200l. or 500l.—if a man was a stranger to us, we should not take less than 100l.—customers pay into our bank with tickets, which are filed—they fill them up themselves—they are received by the cashier with the money and filed, and then the ticket generally goes on to the hand of another clerk, and is entered—they are first of all entered in the journal, and then posted into this book—I sit in a back room, in the partner's room, and see that the clerks perform their duty and so on—I check the entries by the papers you allude to, at the audit—I should say I had been over every item of this account—this is the ledger—I check that from the journal to this ledger—the ticked are copied into the journal—one of the clerks, whose handwriting is here, has left—any one of them would be sufficient (one of the clerks was directed to be sent for).
MICHAEL HAYDON . I am a detective-officer of the City—about 11 o'clock, on the morning of 25th April, I went to 100, Bunhill-row, St. Luke's, and found the shop shut up, and the shutters up—I was there shortly afterwards, and it was still shut up then—I received information of this matter, and endeavoured to find the prisoner—I was not successful till 17th February last—I had been on the look out for him ever since.
MR. METCALFE submitted that no case of larceny was made out: the witness Doggett had no express directions not to part with the goods, if cash was not paid; sometimes cases occurred where the order was given not to leave the goods without receiving the cash, there was nothing of that sort here, it was the proposition of the prisoner that the cash should be paid, and upon that the goods were allowed to go: there was this further difficulty, the porter delivered the goods and the invoice, and the cheque was at once written out, taken home, and received by the master as cash: therefore, having taken the cheque as money, although he would still have his civil remedy, it destroyed the criminal offence: it turned out to be a useless piece of paper that they could not get the money for; under those circumstances he submitted that the offence of crceny was not made out.
MR. GIFFARD. No doubt if the cheque had been paid, by receiving the money upon that cheque, the master would have adopted the act of the servant, but it had been held more than once to be a larceny where the servant was induced to part with the possession of the goods intrusted to his care, and received the cash. See REX v. SMALL, 8th CAR and PAYNE, 46.
THE RECORDER. The difficulty is that there is no trick to get the goods, there is no trick till after the goods are delivered.
MR. GIFFARD. The whole thing was to be treated as a contrivance from beginning to end; if the prisoner himself had suggested that he would pay cash by cheque at the time, the prosecutor then would have been able to exercise option,
and to say whether he would accept it or not; but the servant got the cheque and gave it to his master as money, and it turned out to be a worthless paper. Again, the servant kept the control over the goods; he took the goods down, but did not go away from them, or leave control over them.
THE RECORDER. As far as the evidence goes there was a complete parting with the control over the goods before the cheque was given.
COURT to HENRY BUTCHER. Q. Tell us exactly what passed when you took these goods? A. I laid them on the counter; they were too heavy for me to hold and sign the invoice too—my orders from my master were to keep them till I received the money for them, and, therefore, had not the prisoner produced the cheque I should have taken them on my back and carried them out again.
MR. METCALFE. Q. Did not you say before, that you placed the goods on the counter, gate the prisoner the invoice for 33l. 3s., and that he wrote a cheque for you? A. He gave me a shilling for myself—he asked me if I could drink a glass of ale, and I thanked him and he gave me a shilling—I had not got a receipt-stamp in my pocket—I was about to go out for the stamp, but the prisoner said, "Stay, and I will send my man"—he sent his man out and purchased a stamp, and during his absence, the prisoner gave me the shilling—I signed the invoice before I received the cheque, after I received the receipt-stamp—I gave him the invoice first, sealed; he broke the seal, then brought his cheque-book and wrote the cheque, and handed back the invoice for me to sign, I signed it and handed it back to him—at that time the cheque laid upon the counter for me to take up; the goods had been on the counter all the time.
COURT. Q. Whom did you give the cheque to. A. To the head clerk, Mr. Brooks, the next morning, at 9 o'clock—I had other goods to deliver at other places, and did not get back in time in the evening.
COURT to HENRY ROBINSON. Q. When did you receive the cheque? A. I dare say about 10 o'clock—I went over to the bank with it about 11.
THE RECORDER, after consulting Mr. Baron Martin, was of opinion that there was evidence of larceny to go to the Jury.
MR. METCALFE. Q. How often, once a month? A. Yes, almost every day I should think—I should say I saw it almost every week—I have no occasion to look at the entries that the other clerks make to verify them in any way.
THOMAS THOMPSON . I am one of the clerks at this bank, the prisoner's balance on 24th April was 11s.—nothing was paid into his credit after 10th April—a cheque of 11l. 10. was paid out on the 24th, that is all—the whole account was never more than 23l.
MR. METCALFE. Q. Are there other departments in the bank? A. There is the bullion department and the banking department—there are not, to my knowledge, in the banking department, payments made quarterly and half-yearly, and that sort of thing—I have never had such an instance under my eye—there are not, to my knowledge, in the bank, annuity or half-yearly payments made.
COURT. Q. Have you any other account in which a sum paid to the prisoner's credit could be entered? A. No.
GUILTY .—Recommended to mercy by the prosecutor.
MR. METCALFE stated that the prisoner had, in this matter, been the tool of a person named Simon.
MR. GIFFARD believed such to be the case.
There were four other indictments against the prisoner, for stealing other goods of other persons; to which he
PLEADED GUILTY.— Confined Six Months.
MESSRS. METCALFE and LEWIS conducted the Prosecution.
GEORGE WILLIAM JEFFREYS . I am an export wharfinger at the Victoria London Docks, and reside at Rochester-terrace, Stratford—it is my duty to ship tea—I recollect, on 13th January, receiving a parcel of 100 chests of tea—I saw them safe at twenty minutes past 4 in the afternoon, locked up in a bonded shed—I went there at ten minutes to 9 the next morning, and four were gone—the weight of each chest would be about ninety pounds—they were marked B. D., in a square, and 530 underneath—I produce a sample of tea from one of those chests.
THOMAS CRIGHTON . I am a carman, and reside at 139, Nelson-street, Victoria-docks—I keep a horse and cart—I recollect Mr. Cousin's applying to me for my horse and cart—I know the female prisoner; she is his wife—in consequence of what he said to me I took my horse and cart to his house, but he came about an hour and a half before I took it up, on the 16th, I think it was, the day I took away the tea—I saw the female after the first bed tick came out—they were represented to me as beds—I do not know the man's name who brought them out—the first bed that was put on to the cart the counterpane was outside of it, torn, and she sang out to her husband not to tear them, and the answer I made was, "What is rotten will rend"—I afterwards took these bed ticks away in the cart—Mrs. Cousins went with me—her husband was not there when I first started—he met me at the Bridge Tavern, after I got over the iron-bridge—I first saw Palfrey just as I came over the Barking-road station, before I met Cousins—I never heard him speak till after we got into the Bridge Tavern—Mrs. Cousins said to Palfrey, just before we got there, "I am going to London to-day," and she ordered me to pull up to the Bridge Tavern, and I did so—she and Palfrey then went inside, and had a pot of half-and-half to drink, and in came Mr. Cousins, and another man with him—we stopped at another beer-shop, in the East India-road—my orders were to go to the head of the Commercial-road—Mr. Cousins gave me the orders—I drove there, and round to the end of Colchester-street—when we got to the end of the Commercial-road I asked Mrs. Cousins whether she knew where we were to go to—she said, "Did not my husband tell you?"—I said, "He did not"—the husband was absent at that time—I drove to the end of Colchester-street, stopped there, left the horse and cart at the head of a public-house, and then came back to Back Church-lane to see if I could see Cousins—Mrs. Cousins was inside the public-house at that time—I did not see Palfrey till after I got to Back Church-lane—I there saw him at a public-house called the Blacksmith's Arms—he was standing on the pavement—I could not say whether it was him sang out, or the other parties—there was a party sang out for me to stop the horse—I was leading the horse along—I could not say who it was.
WILLIAM TAYLOR . I am an officer of customs, residing at Carlton-square, Mile-end—from information I received, I went on 16th January to Back Church-lane—it was between 9 and 10 in the morning that I went there first, and remained there till a little before 2 in the afternoon—at that time I saw the prisoner Palfrey there—I first saw him at the bottom of Back
Church-lane, a few minuutes prior to a cart driving up—he was walking about—a few minutes after that he went up towards the Blacksmith's Arms public-house, and took his stand there—presently a cart came along, and when it was opposite he held up his hand, and the cart then stopped—that was the cart of which Crighton was the carman—I went up to the cart, and put a knife into the bed ticks that were in it, and tea fell out—I did not say anything to Crighton, or any one, in the presence of either of the prisoners—I afterwards went to No 1, Nelson-street—I went upstairs, into an upper bed-room, which smelt strongly of tea—I found a very small quantity there, which had been spilt on the floor, and under the carpet—the odour could not have been produced from that small quantity—there must have been a large quantity of tea in that room to produce that smell—the room was confined—I believe it is the house at which Cousins lived—the tea is worth from 15d. to 18d. a pound—the weight of the tea we took out of these bed ticks was 336 pounds—we take 84 pounds, at a fair average weight of these chests—if it is good tea it will weigh more.
Cross-examined by MR. RIBTON. Q. What sized house it this; a large house? A. About a seven roomed house, I fancy—there are other lodgers in the house—I cannot say how many.
THOMAS SMITH . I an an officer of customs, and live at Carlton-square—I was with the last witness at 2 o'clock on 16th January—I saw Palfrey come to the bottom of Back Church-lane—I and Mr. Taylor were walking—he came down looking about—I saw a cart approaching, and as it was approaching I saw Palfrey walk np towards it and hold up his hand—upon that the cart stopped, and backed towards the public-house there—upon the cart backing, Palfrey held up his hand—I then walked up to him, and he said, "Are you the party that has come to buy the tea?"—I did not answer him—he then said, "When is Jones?"—not knowing who he alluded to, I said, "Round the corner"—at the same time I saw Taylor rip the bed tick, and tea fell out of it—Mr. Taylor said, "All right," and I detained Palfrey there and then—I took held of him—I did not see anybody in the cart at that time.
Cross-examined. Q. Had not the bed tick been ripped before you get there? A. No—I did not see any tea before Taylor ripped it—I did not look—Palfrey did not seem to have been drinking—there was no one else about the public-house that I noticed—there were none standing near the cart—I am sure there were none standing about the public-house—the cart did not drive into the yard; it remained in the street—there was nobody near the cart, or near the public-house—there were plenty in the street—there was no one that I noticed within twenty yards but Palfrey—I cannot say whether the cart in its course had passed people—it had come down the street—I had a slight knowledge of Palfrey before—he never went into the public-house—I saw Crighton have the horse by the head—I did not see Palfrey speak to Crighton before I came up—all I saw him do was to beckon to Crighton—I should think he was about eight or ten yards from him when he beckoned—he spoke to no one before he said to me, "Are you the party who has oome to buy the tea?"—that was before the tick was ripped open.
HUGH ANDREWS (Policeman, H 62). I saw this cart stopped about 2 o'clock on 16th January—my attention was called to it then—I saw the female prisoner coming off the cart at the time, just as it stopped—I never spoke to her—I found out what her name was, and where she lived—I went to the house, 1, Nelson-street—I did not find her there—I apprehended her
on 16th, between 11 and 12, and went to the house next morning, 17th—I went upstairs into a room which was pointed ont to me—I did not find anything there—it had been searched before that—underneath the copper, in the yard, I found some tea paper and nails used for tea chests—the paper was partly burnt.
Cross-examined. Q. Did you see the cart stop? A. Yes; Palfrey was about eight or ten yards from it when it stopped—I saw him run round a corner at the time.
JOHN PORTER . I am inspector of police in the docks—on 14th January my attention was called to a break in the fence—there were three or four portions of the fence broken down—I traced tea outside the fence—on the 16th, two days afterwards, I found more tea—I lost trace of it on 14th—it took me in the direction of Cousin's house, No. 1, Nelson-street—I knew both the prisoners before that time well; they were acquaintances—I found some tea, which I produce, in the bedroom of the house, and also a portion of the two chests in the yard, and some paper off tea-chests.
HENRY GETHING . I am a police constable in the service of the Victoria Dock Company—I know the two prisoners—I heard of the robbery on Tuesday 14th January, between 12 and 1 o'clock—on Wednesday the 15th, at 25 minutes to 4 o'clock, I saw the prisoners crossing from Darlow's, a pawnbroker's on Plaistow-marsh, to a public-house known as "The Chandelier," properly called the Victoria Dock public-house.
Cross-examined. Q. What kind are they? A. The common kind, Congou tea—they are all samples of Congou tea.
THE COURT considered there was not sufficient evidence to go to the Jury.
NOT GUILTY .
326. JAMES PHILO (27) , Unlawfully obtaining, by false pretences, the sums of 1l. 0s. 9d., 1l. 6s., 1l. 3s., and 15l. 6s., of Alexander Grant, and another, with intent to cheat and defraud; to which he
PLEADED GUILTY .
MR. SLEIGH, for the prosecution, stated that the prisoner had been in the prosecutor's service a great many years.— Confined Eighteen Months
327. THOMAS KING (38) , Stealing 1 bunch of velvet leaves, 20 bunches of artificial flowers, and 1 box, the property of Richard Munt, and others, his masters. Second Count, stealing 11 ostrich feathers, the property of the same persons. He PLEADED GUILTY to the second count only.
HARRY BROWN . I am one of the partners of the firm of Richard Munt and others, of Wood-street, straw bonnet and hat manufacturers—we have velvet leaves and artificial flowers in our business—the prisoner was our town traveller—his duty was to select certain goods from the flower department and have them entered, through a particular process of our own, and then to take them round to sell—I remember the officer, Bull, taking the prisoner into custody—it was the latter end of January, I think—I heard something said about there being things at his house—the officer asked him if he had anything at his house belonging to his employers, and he said, "No, there is nothing there belonging to my employers; the only things you will find are a few broken flowers, which I have bought from time to time"—upon that I went with the officers to the house, No. 13,
Sherbourne-street—we did not take him with us—I knew that to be the prisoner's house—we found his wife and daughter there—we went into a bedroom, in the house, on the second floor, searched it, and under the bed we found four hat and bonnet-boxes, four or five bonnet-boxes full of flowers, and a box that we call a wreath-box—these are them (produced)—on opening the boxes I found property similar to what I have before me—the four boxes were full—I made a selection of the goods which form the subject of this indictment, because a portion of our tickets are on the whole of these except one, and that is an article made specially for us and for no other house in the trade—I know this one by the pattern, and this by the tickets—the value of the things found at the prisoner's house was nearly 4l.—these garnitures are made for us and are sold in boxes, one in a box.
Prisoner. Those goods do not belong to me; with reference to the box, I had that given to me in the warehouse.
COURT. Do you know of the prisoner having been allowed to have any goods resembling these, for himself? A. No—he would have them out to sell—he had not purchased any goods of us, of this description, for a considerable period: twenty months, I should say—I looked through the books—I am sure these were not sold previous to that time.
JOHN MARK BULL . I apprehended the prisoner, at his employer's ware-house, on another charge—I told him he need not answer me unless he thought proper; that Baker and I were going to search his house; we knew where he lived, in Sherbourne-street; had he got any property there belonging to his employers—he said, "All you will find there will be a few broken flowers.
Prisoner's Defence. These were not my goods, they were purchased by a lady who had formerly made millinery at my establishment. I told the constable he could find them under the bed; there was no concealment; as to the box, it was given to me by a young man from the firm, named Amor; about the feathers, I plead guilty, as I had them in my possession; I took them to show to a customer, and carelessly placed them in my pocket before I had them properly entered.
COURT to MR. BROWN. Q. When things are sold are the tickets left on? A. They are—I cannot tell when any of these were in our possession, but persons in my employment can.
WILLIAM WILKINSON . I am in the employment of the prosecutors—this was not in our stock before October—in October this was purchased by the firm—we had none of these before November—it is my duty to check all goods that are taken into the department—I remember this pattern perfectly—I have been in the employment since September last—new patterns are made every season—I know we had not them before, knowing it was a new pattern—I had never seen the pattern before.
NOT GUILTY on the first Count. Sentence on the second count— Confined Nine Months.
GUILTY .—Recommended to mercy by the Jury.— Confined Three Months
PLEADED GUILTY .— Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
EDWARD CONSTABLE (Policeman, 48 N). On Tuesday, 14th January, I went to the prisoner Taylor's shop, at High-street, Homerton—it is a butcher's shop, with a slaughter house in the rear—I asked him if he slaughtered two beasts on Thursday night—he hesitated for a moment, and then said, "Yes, I did"—I said, "Were they two cows?"—he said, "Yes, they were cows"—I said, "Were they in calf?"—he said, "Yes, they were in calf"—I said, "What colour were they?"—he said, "One was black with white spots, and the other was a dark and lightish colour, mixed colour"—I said, "How did you come by them?"—he said, "A tall middle aged man brought them to me, and asked me to slaughter them for him"—I said, "Do you know the man?"—he said, "No, I do not"—I said, "Did ever you see him before?"—he said, "No, not to my knowledge"—he did not give me any address of the man—I said, "What did you do with the carcases?"—he said, "I took them to Newgate market, and sold them to a Mr. Thorpe"—I said, "What did you do with the skins?"—he said, "I took them with me"—I said, "What did you do with the tripes and offals?"—he said, "Oh, I took them all away together"—I said, "Did you sell the heads to the same man you sold the carcases to?"—he said, "No, I took the heads to Leadenhall market, and sold them to Mr. Gardner's man"—I said, "Did you receive the money for the carcases?"—he said, "Yes; on the following Monday I received the money from Mr. Thorpe, in the market"—I said, "Did you receive the money for the heads?"—he said, "Yes; I went to the New cattle-market on the Monday, and received the money from Mr. Gardner"—I then asked him if he would consent to go with me to Mr. Rumball's house; he said, "Yes," and went with me—he is the owner of the cows—while there, a bill was shown to him, describing the two cows which had been stolen; and he then said, "The two cows I slaughtered answer this description"—he was then given into custody by Mr. James Rumball—I cautioned the prisoner, and said he need not my anything more unless he liked, and took him to the station—on the 19th I went to Witt's house, at Fisher-place, Homerton—I saw him there, and told him I was going to take him in custody on suspicion of being concerned with Taylor, in stealing two cows—he said, "Well, I will tell the truth; I went to Taylor's house on that night; he said he had two cows, and asked me to help him slaughter them: I did so, and don't know what became of them."
JAMES RUMBALL . I am a former at Upper Clapton—on 9th January, about 11 o'clock in the day, I had eight head of cattle in a field, in Pond-lane, Hackney—about 10 o'clock on the following morning, the 10th, there were three missing—amongst those three there was one red and white, and one a sort of roan colour—they were cows, in calf—the two were worth about 30l.—I have seen the hide produced by one of the witnesses—that came off one of those cows—I know it quite well.
Cross-examined by MR. BEST. Q. Did you never see a cow the same colour as that hide? A. I have seen red and white ones before—there was a mark on them.
THOMAS HUTLEY . I am in the service of Mr. Gardner, of Leadenhall-market—on 10th January, I received two heads and two sets of feet, I believe, one head has since been shown to Mr. Rumball—I don't know from whom I received it—I have received heads from that man (Taylor); but I cannot recollect that he waa the man I received these from—I believe that is the man—it was dark, about half past 6 on the Friday evening; and I cannot swear to the man—I had received heads of him before.
COURT. Q. Why do you say you believe it was him?A. His name is Taylor—they were left in the name of Taylor, of Homerton.
JOHN THORPE . I am a meat salesman, at 29, Newgate-market—I received two heads of cow beef, on 10th January, booked in the name of Taylor—I don't know who brought them; my man Appleby will tell you—I gave Taylor my cheque for them myself, 13l. 11s. 8d.—they were not valuable for killing, being in calf.
GEORGE CUTTING . I live at 24, Bridge-street, Homerton—on 10th January I received two tripes, bearings, and other things, parts of two cows, from Taylor—the cows that they were taken from were in calf—I paid 8s. for them—I produce a bill (read: "Mr. Cutting to Frederick Taylor, 10s.")—he asked me 10s. but I paid 8s.—the bill is for 10s.
ALFRED ROGERS . I am a carman, at High-street, Homerton—on 9th January, about half-past 7 in the evening, I saw two cows going along High-street, Homerton, towards Taylor's premises, about forty or fifty yards from them—I have seen the hide produced—one of the cows that I saw was the colour of that—two men were driving them—I cannot say who they were—I saw them driven to a turning out of the road, leading to Taylor's, not a thoroughfare—I afterwards saw Taylor at the Spread Eagle, and asked him if he was going to work that night—he said, "Yes"—I said "You have two nice beasts"—he said, "Middling."
COURT. Q. Are you able to say that the two persons you saw, were either of the prisoners? A. I do not know who they were.
THE COURT considered that there was no evidence against Witts.
WITTS— NOT GUILTY .
TAYLOR received a good character.
GUILTY .— Confined Nine Months.
331. JOHN HERBERT (21), REBECCA HERBERT (56), THOMAS SIMPSON (18), and JOHN BROWN (17) , Burglariously breaking and entering the dwelling-house of William Henry Hart, and stealing 96 shirts, value 11l. 4s. 18 collars, 1 coat, and other articles, value 8l. his property; to which JOHN HERBERT, THOMAS SIMPSON, and JOHN BROWN PLEADED GUILTY .
MR. DICKIE conducted the Prosecution.
SOPHIA HART. I am the wife of William Hart, of Blue Anchor-alley, St. Luke's—I keep a laundry—it is connected with a house—on Friday, 10th January, I went to bed at 10 o'clock—all the doors were quite safe then—about 1 in the morning, my husband knocked to gain admission—the door was open—I came down stairs and found the doore broken open, the outside door, and the laundry door—I went into the laundry, and missed ninety-six shirts altogether, that I had received from customers, and various other things—these are some of them (produced)—I recognise these as having been in my possession—I have looked over them before.
home about 1 o'clock—I found a basket placed up against the door outside—I went into the passage, and as soon as I stepped inside I heard footsteps; but I could not see anyoue—I called out, "Who is there?" and saw two persons running away, and a third one come out of a room opposite—I lost a quantity of shirts, and other goods.
THOMAS EVANS (Policeman, G 22). I had some information of the robbery, and took the prisoners in custody—I went to the house where the female prisoner lives—I first saw the hair-dresser down stairs—I then saw the female prisoner on the stairs—I told her I belonged to the police, and I had information that she had got some shirts that were stolen—she said she had not—I then took her up stairs—I saw the mistress of the house, who is the daughter of the female—I told her that I should search the house—the daughter then said to the prisoner, "Why don't you say if you have got anything mother, and give them to him"—the prisoner then went into the back kitchen, and off a stool there, she took three shirts, which I produce—I then searched the front room, and in the drawers I found these three pieces of needlework; and behind a table were these drawers, and jacket, and children's things—this dress she was wearing—I also searched the house, 5, Black Swan-court, Golden-lane, where she said she lived, and found five pawnbroker's duplicates for five shirts—that is where her son lived, and the other prisoner—she did not live at this place with her daughter—I also found this ironing blanket there, what they iron the shirts on—these duplicates were in a vase on the mantlepiece—the female prisoner said she bought the dress in Petticoat-lane on the Monday previous; that would be the 6th—the robbery took place on Friday, the 10th—she said her son had brought the things which I found at the first place, and left them with her.
HENRY CLOUD . I am manager to Mr. Attenborough, pawnbroker, at 31, Crown-street, Finsbury—I produce two shirts pawned on 11th January for 4s., in the name of Jane Jones—I cannot swear who pledged them; it was a woman—I rather think it was a younger person than the female prisoner, but I would not swear—I have nothing to do with the other duplicates.
DAVID RICHARDSON . I am assistant to Mr. Johnson, of 25, Providence-row—I produce a shirt pledged on 11th January for 18d.—it was pledged by a man, I believe, and, to the best of my belief, by a taller man than any here.
Rebecca Herbert's Defence. I was at my daughter's all day. I never knew what was done at home, at my place. I can never be answerable for what was in my place. I was sometimes out for two or three weeks together, nursing.
GUILTY .— Confined Eighteen Months.
JOHN HERBERT.**†— Four Years' Penal Servitude.
THOMAS SIMPSON.**†— Six Years Penal Servitude.
JOHN BROWN.**— Confined Eighteen Months.
PLEADED GUILTY .— Judgment Respited.
333. HENRY ALEXANDER (26) , Burglariously breaking and entering the dwelling-house of Charles Gervis Long, and stealing 1 cape, 1 teapot, 2 aprons, 3 pair of boots, and 1 shirt, his property; to which he
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined One Month in Newgate, and Three Years in aReformatory.
OLD COURT.—Thursday, March 6th, 1862.
PRESENT—Mr. BARON MARTIN; Sir FRANCIS GRAHAM MOON, Bart, Ald.;
and Mr. Ald. CONDER.
Before Mr. Baron Martin.
MR. POLAND conducted the Prosecution.
CHARLES SIRKITT . I live at 1, Albert-terrace, Wharf-road, Islington—I am a carman—on Friday, 21st February, about half-past 4, I was at the New Cattle-market—I saw the prisoner there—he was with a horse—I saw the deceased John Gould—he went up and spoke to the prisoner—I did not hear what was said, I was on the other side of the way—the prisoner knocked him on the nose with the end of his stick once or twice—Gould then walked away to the other side of the way—the prisoner untied his horse, which was tied up to the pens, and followed him, and said he would punch his b—head; and he called him a b—old rogue several times—Gould said he did not know as ever he rogued him or anybody else—Gould was a farrier—the prisoner up with the end of the halter that he had hold of the horse with, and tried to put it round Gould's neck, and said, "I will hang you, you old b—, I will"—Gould said he would call the policeman, and the prisoner said, "Call the policeman; there he is"—Gould said he did not want to call the policeman if he would go on and not insult him; he had given him no cause to insult him—the prisoner directly up and shoved the stick in Gould's eye, and said, "Take that you old b—, do"—the stick went into Gould's left eye, between his nose and left eye—the prisoner had hold of the stick the whole time—it was a drover's stick; a little thin ash stick—a policeman was close handy—somebody called the policeman, and Gould gave the prisoner in charge—blood flowed from the wound; it came on to his cheek, and his eye swelled up very much directly after it was done—the policeman took the prisoner into custody, and took the stick from him—this (produced) is the stick.
Cross-examined by MR. RIBTON. Q. Was Gould a dealer in horses as well as a farrier? A. Not that I know of—I did not know him much; only as working down the yard where my horse was—he was not at work on this day, he was at the horse market—I had not seen him all the morning—I met him first alongside the horse—I do not know that the prisoner had purchased a horse—I saw him with a horse—it had the appearance of being recently bought—there were not persons about him jeering him about the horse, and saying it was not worth half the money he had paid for it—there
were only their two selves and another man, who was standing with his back to them—I do not know what was the cause of the altercation between them—I could not hear what was said—I could not judge by their manner whether they were having angry words, I did not take that notice—Gould did not remain talking to him two minutes before he came over to me—I was rather better than the width of this court from them—when Gould came over to where I was he did not speak to me, nor I to him—the prisoner then came up; he spoke first, and called Gould a b—old rogue, and threatened to punch his head—Gould never made any answer—before he came over I saw the prisoner touch him on the nose with the stick—I thought they were only larking, because he did not hit him hard—nothing occurred beyoud what I have stated before the prisoner poked the stick in his eye—they were standing quite close together—Gould was right in front of the prisoner—he did not lift the stick as if to strike him; he deliberstly poked it in his eye—he held it in this way (thrusting it)—he was leaning on the stick before, and had the horse in his other hand; the left hand—he brought the horse across with him—it is an ordinary drover's ash stick; it has a sharpish point—it is a common point, not made sharp—Gould did not fetch the policeman; he was close by, and somebody called, him—Gould walked to the station.
SAMUEL WAKEFIELD . I am a traveller and live at 2, Roman-road, Caledonian-road, Islington—on Friday, 21st February, about half-past 4 o'clock, I was in the New Cattle-market—I saw the prisoner and the deceased there—I heard the prisoner say to Gould that he would knock his b—eye out, and he immediately ran the stick into his eye—he was close to him at the time—I was standing close to the deceased—I said, "You villain, you have knocked the man's eye out," or something to that effect, and I gave him into custody—it was done with a stick similar to this.
Cross-examined. Q. Were you on the left side of him? A. I was right behind him—the prisoner was standing by the near side of the horse—he had the stick in his right-hand—the horse was at his right hand—he was holding the stick and halter in his hand at the same time—he did not let go the halter when he used the stick—he lifted the stick in this way (describing it)—he did not put it in the other hand—he used both hands—I did not know the deceased at all—I did not see any of the early part of the transaction—I do not know whether there was any chaffing going on about the horse that the prisoner had purchased.
MR. POLAND. Q. I believe you afterwards saw the deceased at the hospital, dead? A. Yes.
JAMES BEERY . I live at 57, Upper Bemerton-street, and am guard of a railway van—I was in the Cattle-market on this Friday, and saw the prisoner and Gould there—I saw the prisoner push Gould first and then poke the stick into his eye—I was on one side of the fence and he on the other, where the horses are tied—I did not hear anything said before this was done—I had only just come up.
Cross-examined. Q. Was the prisoner holding his horse? A. Yes; he had hold of the halter with his right hand—the horse was standing on his right side, and he had the halter and stick in his right-hand when he pushed him—I believe he pushed the stick into his eye with both hands, I can't be sure—I did not know either of them—they did not seem particularly angry.
and Gould there—I saw the prisoner shove the stick in Gould's eye—I did not hear anything said before that—they were talking together, but I did not hear what was said.
Cross-examined. Q. Did you see the stick put into the man's eye? A. Yes; he had got the halter in his hand—he had got the halter in his left hand, and the stick in his right—I am sure of that—he raised the stick—I did not notice that in raising it, it knocked against the halter—I was about a yard away from him, facing him—the deceased was at the side of me—there was nothing between me and the prisoner to prevent my seeing—when he raised the stick he still held the halter in his lefthand—it was done in a moment.
WILLIAM FAINT (Policeman). I was at the New Cattle-market on Friday the 21st—I took the prisoner into custody, and took from him this stick—Gould was bleeding from the eye at the time—the prisoner was charged with assaulting him—he said he did not do it—at the station he said he was very sorry for what he had done—after the prisoner was locked up I took Gould to the Great Northern Hospital, his wound was dressed there, and he had some lotion; I then took him to his own home at 59, Harrison-street, Gray-inn-road, when I left him there he was sensible—on the way to the station the prisoner said that he had been annoyed by some parties in the market telling him he had bought an old screw, meaning an old horse.
Cross-examined. Q. Did you see any of this transaction? A. No; the prisoner had got an old horse when I took him into custody—he looked rather like a screw—there are a great many screws sold there—at times there is a good deal of chaffing going on there.
WILLIAM STEVENSON . I am house-surgeon at St. Bartholomew's Hospital—on Saturday, 22d February the deceased was brought there—I examined him—he had a punctured wound in the corner of the left eyelid—I made no examination at the time as to the extent to which it penetrated—he died on Tuesday the 25th—he was not sensible when he was brought in—I made a post mortem examination—I found that the wound had penetrated altogther about four inches—the cause of death was inflammation of the brain, which had produced paralysis—the brain itself was actually wounded—I believe a stick of this description would have inflicted the wound.
Cross-examined. Q. Were the parts immediately in connection with the surface of the wound in a state of inflammation? A. Not of inflammation, they were discoloured by extravasation of blood—it was impossible to tell from the external examination to what depth the wound extended—there was no doubt about it from the internal examination, because there was the track of the wound left by the instrument—it had not closed up at all—there was a track through which a probe was passed from the outside wound into the interior of the brain—the probe was not passed before the parts were opened, but afterwards—I am quite sure the probe did not cause any of it—I am able to say positively it was four inches in extent.
SAMUEL JENNINGS , a smith of Woolwich, deposed to the prisoners good character, and stated that he had been at one time confined in a lunatic asylum for five weeks, owing to a depressed state of mind brought on by losses in business.
GUILTY .— Six Years' Penal Servitude.
MR. POLAND conducted the Prosecution.
5th February, about half-past 5, I was driving my horse and cart along the Bath-road, towards Harmondsworth, and saw the prisoner walking on the foot-path, smoking a short black pipe—I know the rick of oats belonging to Mr. Hunt—the prisoner was about 150 yards from it when I first saw him; not on the London side, the other side—the rick is about ten or twelve yards from the road—there is a gate opposite it—I had never seen the prisoner before—I drove past him, and past the rick, and drove on towards London, until I turned off to the left on the Harmondsworth-road—about seven or eight minutes after I had passed him, I saw that the rick was on fire—I pulled up, turned my horse round, and saw there was a flare-up—I saw it was the rick; but I was not near enough to see whether it was the top or bottom of it—I directly gave an alarm in the village, and directly I mentioned it another person came up and called for the engine, and called "Fire"—about there-quarters of an hour afterwards I came back and pulled into the field to have a look at the fire, and I then saw the prisoner, and said, "That is the man I passed smoking a pipe"—he said, "I never smoke"—I said, "You were smoking when I passed you."
HENRY SNOWDEN . I live at Harmondsworth—on the night of the fire I saw the prisoner coming out of a yard, smoking his pipe—that was before the fire—the yard was on the right hand side of the rick—he went straight up the road, leading to the rick—he was about 300 yards from it when I saw him first—I do not know what became of him.
THOMAS TOMKINS . I am a labourer at Harmondsworth—on Wednesday, 5th February, I was coming along the road in the direction of the rick, on the London side—I was about 300 yards from the rick when I saw the fire—I walked towards it, and met the prisoner 126 yards from the spot, on the London side of the rick—he was walking along towards London—I could not say whether he came out of the field or no—I stopped him and asked if he knew what it was on fire—he said, "I don't know, I am sure"—I said, "You most know I"—he said, "I don't know, I am sure; I never saw it till I got by"—I said, "You must know, for you are hardly by now?"—he said, "I don't know, I am sure," and then I left him and ran to the rick—he went on—when I got into the field there was no one there that I could see—it was impossible for any one to get away, for the field is between fifty or sixty acres—there was a man about 200 yards ahead of me, going home from his work the same as I was; that was Pye, who is here—I believe the prisoner was not smoking when I met him.
COURT. Q. Was the rick altogether destroyed? A. Yes; they saved about two loads by pulling it to pieces.
MR. POLAND. Q. Whereabouts was the rick on fire when you went into the field? A. About two or three feet from the ground—on the side towards London.
WILLIAM PYE . I am a labourer—I remember the rick being on fire—I had passed by it about six minutes before—it was quite safe then—I did not meet any person about there; not between the rick and Longford—I saw Mr. Wyatt, but that was on the Harmondsworth side of the rick, past the rick.
GEORGE RANDALL . I am a labourer at Harmondsworth—on the night of the fire I was in the Bath-road—I saw the fire when I was about 500 yards from the rick, on the London side—as I walked towards it I met the prisoner about 300 yards from the rick, on the London side, walking towards London—I asked him what it was on fire—he said a rick on fire, as he came by—I said, "Why have you not stopped?"—he would not make me any answer for a moment, and I said, "You vagabond, you set it on fire"—he said, "I
did not"—I said, "I have a great mind to take you back"—he did not make me any answer, but walked on as fast as he could go—I went on towards the rick to render assistance, and he went on for London—he was not smoking when I met him—I gave information to a police-constable, who went after him.
GEORGE BEARD (Policeman, T 184). On the night of the fire Randall gave me a description of a man—I went op the London-road, and overtook the priosner about a mile and a quarter from the rick—I asked him which way he came from—he said from Henley-on-Thames, through Maidenhead, on for London—I asked him if he had seen a fire on the road—he said he did not see one himself; not till a farmer's man told him about it—I asked him what part of the road it was where he met this man; and lower down he pointed it out to me, and it was about 125 yards from the rick, on the London side—he was coming in his right direction from Henley, along the turnpike road—when I took him into custody I asked him if he had got any pipes, tobacco, or matches in his possession—he said he did not make use of anything of the kind—I searched him, and found a quantity of tobacco in his side pocket, twisted up in a bit of paper, and likewise some loose in his trouser's pocket—I found no pipe or matches—it was only a small quantity of loose tobacco, enough to fill about two pipes altogether.
JOHN BATEMAN . I am foreman to Mr. Samuel Hunt, a farmer, at Harmondsworth—the rick of cats that was on fire belonged to him—it was this one nearest the road—when I heard of the fire I went to the field as quickly as I could—I found the rick burning all over—I know nothing of the prisoner; he is a perfect stranger to me—he does not work for Mr. Hunt—I know nothing of him.
Prisoner's Defence. I am sure I do not know what benefit it was to me to set fire to the rick.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
GEORGE ATHERFIELD . I am the proprietor ef the Duke of York public-house, in Union-street—Foskett, the prosecutor, was in my employ as barman—I know the prisoner as frequenting my house—on Saturday, 25th January, about 11 o'clock, she came into the house and asked me to give her something to drink—we refused to serve her, because she is such a desperate character—I had forbidden her coming to my house—I threatened to turn her out—she said, "If you do, it shall be a b—bad job for you, for I have something for you in my pocket"—Foskett was then in the taproom about his business—I said I would turn her out if she was not quiet, as she interrupted my customers coming in with their jugs—is a minute or two after that she came and wished to speak to me quietly—I refused—she asked several times, but I refused—after that she went into the taproom, and in about two minutes Foskett came out stabbed—I said, "Foskett is stabbed"—the prisoner said, "Yes; I have done it, I meant to do it, but I meant this for you," and she threw a knife on to the counter she said, "When I came out I will do it for you then"—she was taken into custody, and Foskett was taken to the hospital.
EDMUND CLEMENTS . I live at 68, New Bond-street, and am helper in a stable—I was in the taproom at Mr. Atherfield public-house—about 11 o'clock on the night in question, Foskett was there—the prisoner came in—I saw her put her hand in her pocket—she took out a knife, and opened it, and said, "Take that you b—, you gave me seven days; I meant to do it," and she rushed the knife into Foskett's ear.
Prisoner. Q. Did not you say when you saw the blood, "Tom; she has struck you with the key?" A. No; I did not—you had some bread and meat, and you put that on the end of the counter—I saw you take out the knife and open it—I was close to you.
THOMAS FOSKETT . I am potman and waiter to Mr. Atherfield—I have known the prisoner for some time—on the night in question I was in the taproom—I saw the prisoner go towards the fireplace, and shortly after I felt a violent blow in the ear—I turned round and saw the prisoner take her hand away—I seized her by the throat, and held her till some one came to my assistance; and I said, "She has struck me with the key"—I thought it was the key—I was taken to the hospital, was there twenty-four days, and I have been very ill ever since—the wound was right in the ear—a great deal of blood came from my ear and mouth—I had once been a witness against the prisoner, and she got seven days for being riotous.
Prisoner. Q. Were you not playing at dominoes when I came in? A. No—you did not, when you came in, say, "What is the old fellow going, to turn me out for?" nor did I say, "If he does not, I'm d—d if I won't"—I did not seize hold of you and knock your head against the door—I never spoke to you or laid a hand upon you, until you struck me; I then turned round, and laid hold of you by the throat.
WILLIAM SISSELL . I live at the Duke of York—I saw the prisoner in the bar—she asked for some drink and was refused—she afterwards went into the taproom—she had not been there more than two or three minutes when I saw her come out, and Foskett having hold of her—I assisted him, and got her away—she went up to the counter, laid the knife on the counter, and said, "That is the b—knife I did it with, and if I have not killed him I will do it when I come out"—I went out and fetched a policeman, and she was taken to the station, and, as soon as I entered the door, she said, "You long b—, I will do it for you as soon as I come out"
Prisoner. All he states is false, he was not there at all.
JOSEPH REED (Policeman, D 60). I was called to take the prisoner into custody—she said, "Look here fatty, so help me God, I have done it, and I meant to do it"—the knife was given to me by the landlord—it is a large clasped knife.
JAMES HAROLD (Policeman, C 107) by the Prisoner. When I came to the taproom door the prisoner was standing in front of the bar—I asked the landlord who stabbed the man, and the prisoner said, "I did, and I meant to do it."
WILLIAM MORRIS MARSHALL . I am house-surgeon at the Middlesex Hospital—on the night of the 25th January, Foskett was brought in there—he had a wound in the right ear, extending about an inch and a half inwards—I think it must have penetrated the back of the throat from his expectorating a quantity of blood the following morning—it was a wound that might have been made by such a knife as this—I did not consider it dangerous—it was in a dangerous place—it must have passed the carolid artery—he was under my care more than three weeks—it is quite healed now; but he still feels a little inconvenience from it.
Prisoner's Defence. I and two other girls were in the public-house all the evening, and we had two quarterns of gin and two half-quarterns of rum; I went and got some bread and bacon at the chandler's shop, and when I went into the taproom with it, this man took me by the throat to put me out. It is my first offence. I did not intend stabbing him; I did not think about it.
GUILTY of unlawfully wounding.— Confined Eighteen Months
MR. HORRY conducted the Prosecution.
THOMAS SADLER . I keep the Phoenix Tavern, in Brick-lane, Spitalfields—on the evening of 6th February, I went out—previous to doing so I saw the prisoner and three or four other persons in the taproom, and I left a sixpence on the table for them—I returned about a quarter to one—I found the prisoner still in the house, and another man with him in front of the bar—I told them to go, and I fancied that they went—the prisoner bade me good night—in about twenty minutes, the witness, Mr. Thompson, came to my house, and I let him in—he took off his coat and left it in the bar-parlour—I fastened up the house—I secured the side door leading into Brick lane—about 2 o'clock I was called up by the police—I went down and found three policemen in my bar—when I went to bed I had left about 30s. worth of coppers in drawers and tills in the bar, and ten sixpenny packets of farthings in the bar parlour—when I came down I found all the drawers empty of the coppers I had left, the cupboard door forced open and the whole of the ten packets of farthings gone—I found a wax taper burning on the top of a glass—it was just expiring as I got down—about 2 lbs. of cigars was taken from a shelf where I had seen them before I went to bed—the side door was open when I came down.
JAMES THOMPSON . I am a clerk, and reside at 14, Mawby-road, Old Kent-road—about half-past 1 in the morning in question, I went to the door of Mr. Sadler's house, in Brick-lane, and knocked—immediately after knocking I saw the prisoner, and he said to me, "It is no use your knocking at the door, they won't get up when once they have gone to bed," however, Mr. Sadler did open the door for me, and I went in—I took off my coat and hung it in the bar parlour—there was a silver watch in the pocket—I have not seen my witch since.
Prisoner. Q. What time do you say it was when you saw me that night? A. From ten minutes to half-past 1.
Prisoner. It is false. I was at home and in bed at a quarter past 1.
JOSEPH CARNE . I am a pointsman on the Eastern Counties line, and live at Old Ford—on the morning of 6th February, about a quarter to 2, I was on the line opposite Mr. Sadler's house—there is a wall there, and I can see over it into Mr. Sadler's house, over the shutters—I happened to be looking that night and saw a man walking about the bar, with what appeared to be a wax taper burning—that was about 1.45 or 1.50, as near as I can tell—I saw him walking about the taproom, and I saw him go to the counter, pull out a drawer and take something out—I could not see what—I also saw him take two square bundles from the corner—be then went into the bar-parlour, and there I lost sight of him—at the same time I saw the prisoner against the corner of the street, outside Mr. Sadler's house, underneath a lamp-post—he went to the corner door and looked through—he whispered something—I could not hear what it was—I was then called away for a minute, and then I went to look for a policeman—when I came back the man was still in the bar—I had to go away again for about a second—I saw a policeman, and told him what I had seen, and when I returned again the policeman was inside the house—I knew the prisoner, and am not mistaken about his person.
ROBERT DOUGHTY (Policeman, H 87). From a description I received, I went in search of the prisoner on the afternoon of the 6th, I found him in the Grey Eagle public-house, Spitalfields, sitting in the taproom—I
called him out, and told him I should take him into custody on suspicion of stealing some money from the Phoenix public-house, Brick-lane—he said, "I am quite sure Tommy won't have any suspicion of me, I am quite sure Tommy won't prosecute me for it; I will go round to his house and see him, before I go to the station with you"—we were close by the house, and we went—Mr. Sadler said he did not see him do it—I took him to the station, left him there, and fetched the last witness—I put two other men along with the prisoner, and the witness picked him out directly, and he said he was the man he had seen outside—I searched him, and found on him 10s. 11 1/4 d. in copper, and out of that there was 1s. 10 1/4 d. in farthings—I asked him where he got the money from—he said, he had won it gambling under the railway-arch in Phoenix-street—I am sure there had been no gambling under that arch that morning, for I had passed under it on several different occasions.
JAMES EDWARDS (Policeman, 16 H). About 2 in the morning of 6th February, from what Carne told me, I tried the side door of Mr. Sadler's house—I found it open—I called Mr. Sadler up, and found a wax taper burning at the bar, and two empty cigar boxes.
WILLIAM LOWE (Policeman, 152 H). About a quarter past 1 on the morning of 6th February I saw Mr. Thompson knocking at Mr. Sadler's door—about a quarter of an hour afterwards I saw the prisoner in Phoenix-street, about nine yards from the house—he passed me—I said, "Hallo, what is your game at this time in the morning?"—he said, "All right, Tommy, I am going home"—I have known him for a long time—I followed him down Grey Eagle-street—when I got into Quaker-street I heard the spring of a rattle—I went back to Mr. Sadler's house and found the door open.
Prisoner. Q. When you met me at quarter past 1, did not you say to me, "Holloa, young shaver, ain't you at home yet?" and did not I say I was just going home? A. That was at 5 minutes to 1, when you came out of Mr. Sadler's house; but the time I am speaking of now was at half-past 1—I saw you several times in the course of the night.
Prisoner's Defence. I am quite innocent of it; my brother can prove I was at home at quarter-past 1.
GUILTY .— Confined Eighteen Months.
NEW COURT.—Thursday, March 6th, 1862.
PRESENT—Mr. JUSTICE KEATING; Mr. Ald. MECHI; and Mr. Ald. BESLEY.
Before Mr. Justice Keating.
MR. LLOYD conducted the Prosecution.
JOHN CHARLES WARD . I am a carver and gilder, of 14, Chiswell-street—on 15th January, about half-past 9 o'clock, I was between Bunhill-row and Artillery-court—I saw the prisoner and another man coming towards me, apparently drunk—I moved on one side to get out of the way, but the man who is not taken, gave a lurch against me and I fell—my hat fell in the gutter and I stooped to get it—he came to help me up, but he seemed more disposed to pull me about, or tumble over me—the prisoner came behind me,
and I felt something being drawn from my pocket—I put my hand in my pocket and found that all was gone—there had been a purse containing thirteen sovereigns, a half-crown, and two sixpences: and a silver snuff-box—I had them in my pocket less than half an hour before—I caught hold of the prisoner's coat, and said, "This man has taken my purse"—I turned round and the other man was gone, and my silver snuff-box was lying in the gutter—I held the prisoner—a policeman came up and I gave him in custody—Mrs. Brooks laid hold of him as well.
Prisoner. Q. Where had you been to? A. I was coming from my employer's—I did not hear any conversation between you—you had not your arms linked together, but were a very short distance from each other—I was perfectly sober—the other man, who had knocked me down, came in front of me under pretence of picking me up, and you pulled me about here—you were not in front of me; you put your left arm under my right arm, and I think Mrs. Brooks laid hold of your other arm—neither of you lifted me up—after I fell, I twisted myself round to get my hat, but I was not on my back, I was in a sitting position, and my impression is that your hand was in my pocket, but I will not swear it was your hand.
COURT. Q. How far were the men apart? A. About at far at I am from that desk; very near together—when I felt the prisoner's hand going out of my pocket, I could not see what the other man was doing.
SUSAN BROOKS . I am the wife of Joseph James Brooks, of 4, Artillery-court, Chiswell-street—on 15th January, about half-past 9 o'clock, I was in Chiswell-street, and saw the last witness sitting in the gutter—I asked him if he fell down—he said, "No, these two men pushed me down"—the prisoner was then behind him, and the other man in front of him—I saw them attempting to help him up, and heard him say to the prisoner, "You have taken my purse;" and he caught hold of his hand—there was no one near him but the two men—the prosecutor, as he was sitting in the gutter, seized the bottom of the prisoner's coat and held him till he was given in custody.
Prisoner. Q. Did you see me picking Mr. Ward up? A. Yes; your left hand was under his right arm, and the other under your Inverness cape—you appeared drunk, and you were very abusive at the station-house—you were close to me—I did not smell your breath—I was not there when he was knocked down; I came up when he was in the gutter—I had hold of his left arm to assist him up, and you had hold of his right—I did not see you take the purse,—I was not on the side you were on—I did not take notice of the other man's hands.
COURT to J.C. WARD. Q. Which pocket did you lose the money from? A. My right hand breeches pocket; and my snuff-box also.
JOHN THORPE (Policeman, 193 G). About half-past 9 on 16th January I was in Chiswell-street, and saw the prosecutor sitting in the road, holding the prisoner by his coat—I said, "What is the matter?"—he said, "I have lost my purse, and this man has got it"—he charged him, and I took him in custody—the prisoner said that he did not know anything about it, and would not go to the station—he resisted a great deal—he refused his address at the station; I believe he afterwards gave it, but not to me—I searched him, and found on him two sovereigns, 1l. 0s. 4d. in silver, thirty-two receipt stamps, and two postage-stamps—he appeared sober when I took him and when he got to the station, but he shammed drank going along—I was close to him, and he did not smell of liquor.
Prisoner. I gave you my address. Witness. I deny it.
COURT. Q. Did you go to any address which he gave? A. Afterwards; and found that he had lived there—he is a tailor, but I do not think he has done much at it—I did not see the second man, he was gone.
COURT to SUSAN BROOKS. Q. Did you see the other man go away? A. Yes; he went off instantly—the prisoner made a sort of a swing with his arm, and the other man was instantly gone.
Prisoner. Q. Did you see the snuff-box? A. Mr. Ward picked it up in the gutter close to where he was sitting, where you must have pulled it out of his pocket—it was on his right hand side.
Prisoner's Defence. I live at 2, Gloucester-court, Whitecross-street; I had been out, and taken a little drop of drink; I saw Mr. Ward lying on his back, and went and picked him up; he shouted out, "I have lost my purse," and instantly gave me in charge; after the inspector wrote it down in the book he would not press the charge, but went away; he did not come to the police-court next morning, and was summoned, and on the following week he appeared; he says that he saw two men and did not take particular notice of them, and yet one of the two was me; that they were not linked together, but were at a distance from each other, and not in company; he says that one of the men, not me, knocked him down, and, while he was in a sitting position, another man came in front of him and took hold of him; he says that my left hand was under his right arm, and that he lost his purse; the money was not found, and consequently he charges me with it.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
JOHANNAH COLLINS . I live at 17, Perseverance-place, St. George's—the prisoner had been stopping with me some three weeks before this happened—he had stopped away two nights out of the three weeks—on the night of 31st January, about 10 o'clock, he came from his boarding-house door and followed behind me in the highway—he said, "Give me the scarf that is on your neck, I want it?"—I said, "I want it to get some tea with"—he said "No; I will give you some money to get some tea;" and said that if I would not give it to him he would rip my guts—he hit me several times, knocked me down, and kicked me—I called Margaret Gibbons, and asked her to go down the highway with me as I was frightened to go by myself he went across the road and asked me to go down to his boarding-house with him—we went as far as the door of it, when he said, "Come down that street?" but I would not—he said, "What do you want that woman in your company for?"—I said, "She is coming down the Highway along with me, a little bit"—I went into a public-house with him, and then me and Margaret were coming home together, to sleep together, and he followed us through Bluegate-fields, and hit me several times, and stabbed me—he had a knife in his hand and kept striking me with it, but said nothing—it was a small penknife which I used to use in cutting cotton or embroidery; he took it out of a work bag I had—after he had stabbed me several times on my head and arms he ran away, and the policeman caught him.
Prisoner. It was a knife which I made her a present of, eight years ago; she wanted it back, and I would not give it to her; I was cutting up some hard tobacco with it, and I raised my fist to strike her, forgetting that the knife was in my hand, and that is how it happened: what she says it true, but it was not done intentionally. Witness. He was not cutting tobacco.
MARGARET GIBBONS . I live at 5, Bluegate-fields, Shadwell—I was standing at the corner of Bluegate-fields when the prisoner went by with the prosecutrix—she said, "I want to speak to you," and said something to me which the prisoner did not hear—she and the prisoner afterwards went into a public-house and had a quartern of gin—the prisoner had a large sheath-knife, and I wished to take it from him; a man took it from him and said, "You do not want to commit murder in this neighbourhood"—he said, "No; but I am going to jump on board of my ship at 3 o'clock in the morning"—the knife was put behind the bar, and we left the public-house—I then said to the prisoner, "I wish you would leave our company"—he said, "No; I will not"—I told him that the prosecutrix was coming home to sleep with me, because she was in danger, and when we were in a dark place, near the church, he struck her several times, and she cried out to me, "Oh! I am stabbed"—she fell, and he ran away—I cried out "Police!" and he was apprehended—she had five very small stabs on her shoulder, which the doctor did not see at the station—they bled, and the doctor saw them afterwards.
—HARDY (Policeman, K 483). On the night of 31st January, I was on duty in Bluegate-fields, and heard the last witness cry out "Murder," and "Police"—I ran to the spot, and saw the prosecutrix lying on the pavement and the prisoner running away—I ran over, took him, and said, "I want you for an assault"—he said, "All right, policeman, I will go with you; I have done it—he was not drunk—nothing was found on him—I looked about for a knife, but could not find one.
JOHN BROWN ROSS . I am a physician and surgeon, of High-street, Shadwell—on the night of 31st January, I was called to the police-station, and saw the prosecutriz—I found a large, contusion on the top of her head, and an incised wound, two and a half inches long, extending to the bone, about an inch from the contusion, which had been done by a fall, and the wound by a stab—there was also a stab on her left thumb, and her face was swollen—I asked her if she had any other wounds, and she said "No;" but when she was undressed, I saw two or three stabs on her shoulder, and a large scratch as if it had been done with some pointed instrument—none of the wounds were severe—they were bleeding freely—either a small knife, or the small point of a large knife would inflict them—the wound on the head was not serious,—they are not, in that class of people, what we generally call dangerous wounds—The prisoner's statement before the Magistrate was here read as follows: "I was drinking all day. I had no knife about me."
Prisoner's Defence. I am sorry it happened; it was not my intention to use a knife upon the young girl I have known her a long time; it was through my being intoxicated. I was just talking about going away next day. I was cutting up tobacco two or three feet behind them. I asked her if she was going home, she made some reply, and I hit her with the knife in my hand; it shut on my hand, and fell. If I had been in my right senses I would not have touched her at all.
GUILTY of unlawfully wounding.— Confined Eighteen Months
341. THOMAS BRADBURN (24), JOHN HURLEY (25), GEORGE DOBSON (25), MARY ANN BRADBURN (24), THOMAS EVANS (25), DAVID TAYLOR (30), and MARY DUNN (28) , Burglariously breaking and entering the dwelling-house of James King, at Spitalfields, and stealing therein a 10l. note, 319l. 10s. in gold and other money in silver, his property. MR. RIBTON conducted the Prosecution.
Pan public-house, 207, Brick-lane, Spitalfields—on Saturday, 1st February, I had over 500l. in the house—there was 329l. 10s. in a bag, all gold, but a 10l. note—there were several sums of gold in various drawers, and 9l. 10s. in a small spitting-pot; also a gold pencil-case, a gold seal and keys, a locket, and some children's heads—the bag with the large sum of gold, was underneath my husband's pillow, and the other things were about the room—our week's takings were on a table by the window—I saw all safe at 8 o'clock when I went up stairs to get change for a sovereign, which I took off the table, and put the sovereign in the bag with the rest of the gold—I brought the key down with me, and locked the stair-foot door, which leads to the bar, with a padlock, so that no one could go up without our hearing or seeing them—my husband was at home—I went up to bed about a quarter to one in the morning, with the key in my hand—the stair-foot door was still locked, but I saw the room door open—I called down to my husband, and said, "Oh! we have been robbed"—I found the lock of the door forced, and hanging by two screws—I found the clothes scattered about the room, the bed turned over, and missed all the money and jewellery—I at once communicated with the police—I know five of the prisoners, Hurley, Dobson, Taylor, Evans, and Dunn—I never saw the Bradburys before—the others have been in the habit of coming to our house within three weeks of the robbery—Dobson and Taylor have been backwards and forwards, and Mary Dunn and John Hurley also—Daniel Hurley has also been there frequently—he is not in custody—on Saturday evening, about half-past 7, I was in the bar, and Daniel Hurley came in first, and Taylor next—a short young man came in behind them—Dobson and Taylor were there—I am quite positive of that—I do not know how long they had been in the house—on the Tuesday previous to the robbery, Mary Dunn came in and said, "Mrs. King, I will put you on your guard about something"—she had no sooner said that than John Hurley came to the door leading to Thrall-street, and called her out—I think he was near enough to hear what she said, as she speaks very loud—on the Sunday after the robbery, as soon as we opened the house, she came in, called for a quartern of rum, and a pint of half and half—she said, "I am very sorry for your robbery," making use of a bad word, "for it is too late now; I told you I could put you on your guard, but you did not say "what;" have you any suspicions on Johnny?" meaning John Hurley—I said, "No"—she said, "Have you any on Dan?"—I said, "No;" but at the same time I had got a strong suspicion—I said no, because I thought I might hear a few words from her concerning the robbery—she went out, and brought in John Hurley soon afterwards, and called for a glass of stout—I looked at him, and he turned wery pale and went out—I saw no more of him till he came again on Monday evening with Mary Dunn, and I gave him in custody—he had been in my house every day the week before the robbery—Mary Dunn lived opposite my side door in Thrall-street, with John Hurley; and previous to that she lived in the room which Bradbury and his wife occupied—they left it five or six days before the robbery.
Cross-examined by MR. PATER. (For Dobson and Taylor). Q. In what street is that room? A. No.8, Thrall-street—I had part of this money before I came into the house, upwards of 250l., and about 250l. has been collected since we have been there—my husband is not here, he is very ill; he has been so for some time, he was not examined before the Magistrate—he did not see much of these men, as he was ill, and was not in the business—my husband had placed the bag under my pillow, and I had put the sovereign in it when I changed it—there was then 328l. 10s.—I took a pound's worth of silver off the table—on the Friday night, when my husband got into bed, I
said, "Have you got the money?"—he said, "No;" and went down stairs, and fetched it, and placed it under his pillow—my two daughters and a potman assist in the business, and there are no other servants in the house—we have never had extra hands, unless it is a woman who comes now and then to wash, and she never goes up stairs—she was last at the house on the Thursday previous to the robbery—the potman is continually engaged; but he never goes up stairs—he is not in onr service now—I discharged him a fortnight after the robbery, as I thought he was connected with indifferent company—I do not know that for a fact, but I suspected so by different things I had seen—our house is very much frequented at times—I have no reason to doubt that I saw Dobson and Taylor there at half-post 7 on the Saturday, because I looked at the clock—I was gazing at then rather attentively; because there was nobody in the bar but myself—they were sober to all appearance—they were not respectably dressed, but they were deoent and clean—they had middling suits of clothing on—they had not the clothing on then which they had when they were taken in custody—I wish to adhere to my statement that my husband knew of this money being in the house—I swear that—he placed it there in my presence—I was in bed at the time—that was about 1 o'clock on the Saturday morning, and it remained there till 8 o'clock in the evening—I have not said that it was placed them at 8 o'clock.
COURT. Q. When had you placed it under your pillow, was it before or after you saw it safe at 8 o'clock? A. I saw it safe at 8 o'clock; but at 1 o'clock that morning my husband went down-stairs and fetched it—I mean one hour after 12 on the Friday night; that is 1 o'clock on Saturday morning; I think you will understand that.
MR. PATER. Q. Where had you been in the habit of keeping the sums you had in the house? A. In one of the drawers in the bedroom—it was in the drawer on Friday; but we expected the distiller to call to be paid, and took it down stairs, and placed it in a cupboard in the bar; but he did not call—we have been sixteen months in the house—we remove the money from the till every night, and take it up stairs—there were several persons in and out of the bar at half-past 11 that night—there was not a particularly good run of business, not so much as we generally do—I do not know anything about No. 8—I have not seen bricklayers going in and out.
MR. RIBTON. Q. Did you find the stair-head door as you had locked it? A. Yes—nobody could go up stairs without breaking the lock off.
Hurley. Q. On the night of the robbery did you see me in your house with either of the prisoners? A. I did not see you myself—I know very well that a week before the robbery was committed, you left the room where the entry was made from—Mary Dunn came and asked me whether I had a room to let—it is not true that, on the Monday night when I gave you in custody, I said, "I know you have had nothing to do with the robbery, but you know who has done it; nor did several persons in the bar say, "Yes; lock him up;" nor did I say, "I will lock up the whole street till I get somebody to tell me about it"—Mary Dunn related to me at the station what took place; but she did so also before I went to the station—I never mentioned looking up the street.
Mary Dunn. He is very hard of hearing; he could not hear what I said.
JOHN BAILEY (Police-sergeant, H 1). On Saturday morning, 2d February, at 1 o'clock, I received information of this robbery—I saw Mr. and Mrs. King—I examined the bedroom, and found the drawers all turned out, and one missing—the bed was turned up at the head and the feet—I found the lock of the door pushed off from two screws—I went up to the top and
traced wet marks up the stairs through the attic, which is a pigeon-loft, and is left open—there were some tiles broken, and footmarks in the gutter, which I traced for 100 or 150 yards, to the roof of No. 8, Thrall-street—there was no window broken, but there was a place left open at which persons might have come in—some tiles had been taken off the roof of No. 8, by the side of a chimney, which led to the top of a cupboard on the top floor—I then went round to No. 8, with H 83, and left two other constable at the door—I went up to the first floor front room, and saw Bradburn and his wife—his wife was lying on the bed, and he was standing up in the room—I looked up to the top of the cupboard, and saw that a board about two feet square had been taken down, where the entry had been made—I got up and looked through—I could get out on the roof; but not with my great coat on—I then came down, and searched the room very closely; but could find no property which had been stolen—while I was searching, Evans came in—he occupies the top floor back room—I had told the constables not to let anyone go out or in—Evans said, "I have not been in here before; I know nothing about what you are after"—he was dressed just as he is now, but with no boots on; and by the side of the hole, there was a new pair of Blucher boots, which looked as if they had been recently taken off, and this bayonet by the side of them—I said, "Whose boots are these?"—Evans said, "They are new boots"—I said, "Yes"—he said, "They are mine"—I said, "Just now you told me you had not been in here to-night"—he said, "I might have been in and had a pipe of tobacco"—I said, "If you had a pipe of tobacco, you must have known you had been here"—then he said that he knew nothing of the robbery—I said I should take them in custody, and take them to the station, and did so—Bradburn and his wife lodged in the top room front, and Evans and his wife in the back room; but Evans's wife was not there—on Tuesday morning, the 4th, about half-past I, from information I received, I went to the Bull's Head, Kingsland-road, and took Dobson in custody—I told him I was going to take him on suspicion of being concerned, with others whom I had in custody, and some who were not, in the robbery at the Frying Pan—he said, "So help me God! I know nothing about it"—I took him to the station—I was with Dowlett, No. 87—going to the station Dobson said, "Who is this that has been rounding on us? that is that b—Dan; he first put us up to it, and now he has been rounding on us"—I know Dan Hurley—he has since absconded—Dobson was taken to the station and searched—he had on this top coat, a dress coat, trousers, waistcoat, shirt, and stockings, all new, and a new gold watch, 3l. 10s. in gold, and 5s. 3 1/2 d. was in his pocket; and two gold rings on his fingers, and a pin; a new knife, and a watch and guard that seemed new, none of which have been identified as stolen.
Cross-examined. Q. Is it a second-hand watch? A. I believe it is new—Deeble has made inquiries about it—I told him the charge directly I got him outside the public-house, which is nearly half a mile from the station—he first denied knowing anything at all about this matter; but when twenty or thirty yards from the public-house, he made that statement—that was a long distance from the station—I had not told him that he had better tell the truth, or anything of that kind—he first said that he knew nothing about it, and while in my custody, made use of the expressions that I have told you—I did not take his coat off when he was in the cell.
Thomas Bradburn. I told you at the station-house, that I was a licensed hawker, and had sold 11 lbs. of rags, and had the bayonet amongst some old iron. Witness. No; you denied all knowledge of the bayonet until next morning going to the police-court; and then, when you saw me with it, you
said, "That old thing I bought with some old iron; it is no use bringing it here;" but you had denied it over night—some bills I took from you are at the station—you asked us to take them there for safety, as they might run away with your things—the inspector sent for your box of toys, and there were a few bills in it, but there was no bill about a bayonet—you were not getting into bed when I came to your room—you said, "I live here"—I said, "How long?" and you said, "Three days"—I said, "What time did you come home?": you told me 10 o'clock; and that you did not go out afterwards.
Mary Ann Bradburn. I was on the bed, and he took me and my husband. I had a little drop of drink, and on Monday morning I said to my husband, "There is the bayonet; and, Mr. Ledger, where you bought the stuff, will prove you brought it home. We went into the room on 28th January.
Evans. Q. When you came up into the room was I there? A. No—I took you in the front room—you were not sitting on your bed in the bedroom—I did not turn any boxes over, or break any images; there were none broken—you said you were quite willing to go with me—you were very quiet.
RICHARD KENWOOD (Policeman, 194 H). I took Taylor in custody, at 1, Norfolk-gardens, Shoreditch, at 3 o'clock on the morning of the 4th, from information I received—he was going in at the door, saw me coming towards him, and ran away—he went round the back way, got in, and hid behind the stairs—he had a lighted cigar in his mouth—I saw the light of it—I told him he was charged with being concerned with others, in stealing a large quantity of money from the Frying Pan public-house last Saturday night—he said, "I did not do it; but I know the parties, who did do it; they gave me a portion of the money, which I laid out and bought a new suit of clothes with"—I took him to the station, searched him, and found on him this silver watch, and gold guard (produced), three sovereigns, and 19s. 6d. in silver, 8 1/2 d. in coppers, and three gold rings on his fingers—all his clothing was new, shirt, stockings, and everything—Deeble was with me.
Cross-examined. Q. Are you the constable who went into the cell when Taylor was there? A. No; I never went in—I stripped Taylor's clothes off at the station, but not in the cell—I carried his trousers and shirt in to him next morning—he did not strike me, nor did I put my lantern in his face—I never had any conversation with him after he was at the station—he did not strike me, nor did I provoke him.
MR. RIBTON. Q. Was Deeble present when he said that about giving the money? A. He was.
JOSEPH DEEBLE (Policeman, 195 H). I know Taylor and Dobson—I saw them in Shoreditch, on Saturday, 1st February—they had not got new clothes on, but old suits of black—I was with Kenwood when Taylor was apprehended—he took him out of a house in Norfolk-gardens, and said he should take him, for being concerned with others, in custody, for breaking into the Frying Pan public-house, and stealing over 500l.—he said he did not do it, but he knew who did, and they gave him part of the money, and he bought some clothes with it—I accompanied him to the station, and saw him searched—previous to that I was at the station when Dunn was brought in, and charged—she said something to Mrs. King, and called me to the cell door, and said, "I have got into a fine thing now, I can tell you who they are that done it"—I said, "Who?"—she said, "Do you know a young man who used to live with Mogg?"—I said, "Yes; I do"—she said, "Do you know Dave Taylor?" meaning the prisoner Taylor—I said, "Yes"—she
said, "Them and Dan Hurley done it, and they gave the people who occupied the room 1l. 15s. and if you go to the Bull Inn, in the Kingsland-road, there you will find them; and if you do not find Dan there, it is very likely you will find him at a baker's shop three doors away"—that was Dan Hurley, the man who has absconded—Dobson was apprehended at the Bull.
Cross-examined. Q. How near to the station was it that that statement was made? A. About fifteen yards, or it may have been more from the place where he was taken into custody; some distance from the station, nearly a quarter of a mile—he said he did not do it, but he knew who did—he finished the statement at once—Kenwood had all the talking, I said nothing—there was no interval between the time the charge was made, and the answer he made that he knew who had committed the robbery—I do not remember Kenwood having any other conversation with him before he made the latter part of his statement—I was not with Kenwood when I went into the cell—I do not know that he was struck by Taylor after he was taken in custody—I do not know who did go into the cell.
JOHN DOUGHTY (Policeman, 84 H). I was with Bailey when he took Dobson at the Bull public-house, Kingsland-road—we told him we should take him for being concerned with others in stealing money from the Frying Pan, in Brick-lane—he said, "So help me God! I know nothing about it—then he said, "Who is this that has been rounding on it; that is Mr. b—Dan, after telling us how to do the job, and then to round on us, I did not think he would do it"—he said that a little way from the Bull—he was just outside the door when he said, "So help me God! I know nothing about it," and we had gone about thirty yards before he made the second statement.
Cross-examined. Q. How near were you to the station when he made the last statement? A. Nearly half a mile from it; more than a quarter—we may have gone a greater distance than twenty yards from the house when he made the statement; twenty or thirty yards; I cannot tell—Sergeant Bailey was having conversation with him at the time—I did not hear Bailey say anything to him before he made the statement, he said it of his own accord.
ELIJAH BROWNING (Policeman, H 132). On Saturday evening, 1st February, I was on duty in Brick-lane—I stand principally opposite the prisoner's house all day—I was there all the afternoon—I was there at 5 o'clock, and saw John Hurley in the bar—I afterwards saw Dobson and Taylor go in, but not together, at the other door, at the corner of Thrall-street—Hurley came out about a quarter to 6—I did not see the others come out—they were strange faces to me—I knew Hurley before, but not Dobson and Taylor, though I am sure they are the men.
Cross-examined. Q. Are you the policeman who remained in Court after the order was given for the witnesses to leave? A. I was not here when the order was given—I went out very early in the proceedings.
Hurley. Q. Were you at the police-court at the first examination? A. I was not in Court; I was outside.
GAZINA AMELIA CLAY . I live at 21, Thrall-street, opposite No. 8, which is a few doors from the Frying Pan—on Saturday, 1st February, about five or ten minutes to 9, I was at my door, and saw Dobson walking up and down the street with a person not in custody; to and fro from our door to the bottom—I did not notice them go into the Frying Pan—they walked to the bottom and back again; and afterwards they went into No. 8, and I saw no more of them.
Cross-examined. Q. Which is Dobson? A. The third man; the man without a coat—I was subpoenaed to swear to the identity of Hurley as well as Dobson—I did not appear to give evidence before the Magistrate on the first occasion when I was called—they had been up two or three times—I was not aware that I was going to be called upon—I was up at the Frying Pan on the Monday after the robbery, and happened to say that I saw these two men walking up and down and go into No. 8—I am a brush maker, but do not do any business now—I work for my children and my husband—my husband works at Corfield's chemical works, next door to where I live—when I saw Hurley and Dobson I was going for some wood, and saw them walking up and down, which gave me suspicions—I had seen Dobson going up and down before that night; but had never seen him enter that house before—there is a lamp over our door, so that I could recognise them—I saw them first before I went for the wood, and as I came back I met them full face, and then I stood at my door and saw them go into No. 8—I stood at my door because I had suspicions.
MR. RIBTON. Q. What is your husband? A. Porter at the chemical works, and I attend to the house and family—I have seen Dobson several times going up and down the street—I met him full face—I am sure he is the party—I had certain reasons for watching.
BARNETT HART . I am salesman to Mr. Lynes, of 166, Shoreditch—these clothes (Selecting some) belonged to us; these others do not—this coat was sold on Monday, 3d February. (The one found on Dobson)—it was on Monday, to the best of my belief—I am sure it was the first Monday in February—I have examined the trousers and waistcoat, but cannot positively swear to them—he has them on—I can identify this coat and waistcoat found on Taylor—they were sold on Monday 3d, to the best of my belief—the trousers and waistcoat were sold on the same day—I am unable to speak positively to the prisoners, but think they are the parties who purchased the clothes—I mean the two men in shirt sleeves (Dobson and Taylor)—one set was 3l. 19s., and another 4l. 2s. 6d.
Cross-examined. Q. Do you do a very large trade? A. Yes—this description of cost is to be bought at our place by anybody—I speak to it by its shape—it is not the last fashion, but it is our own goods—I swear, to the best of my belief, that it has been in our possession—I cannot swear to it, because other parties might make a coat up in the same style.
COURT. Q. Is there any mark on it? A. No; but it resembles our's, and we sold a coat that day exactly like it.
MR. PATER. Q. I suppose you sold many coats like this that day? A. Yes—our name is on this waistcoat—it is on all our best waistcoats—we may have sold a score of waistcoats that day—I cannot say that we sold ten—I believe we sold several—it is partly from the men having been pointed out to me at the police-court that I say that I believe they are the men—it is not partly from what a policeman said—that has scarcely anything to do with it—I cannot positively swear to them, but to the best of my belief they are the men.
HENRY CATLIN . I am warehouseman to Mr. Lynes, the same shop as the last witness—I recognise the two prisoners in their shirt sleeves (Dobson and Taylor)—they came there on a Monday in February, between 1 and 2 o'clock—I cannot say the date—they purchased clothes to the amount of 8l. 0s. 2d.—I have looked at these coats—they are the sort they purchased—they called again about 4 o'clock with another party—they stopped about half an hour—they then paid 3l. 15s.—they particularly wished me to give
them bills, dated a week back—I said that I had not a stamp, and they had better call in the evening, and I would have the bills ready for them, but they were apprehended, and did not call—I have no doubt they are the men.
Cross-examined. Q. Did you give evidence at the police-court? A. No: I was not called upon—I was served with a subpoena on Monday evening—that was not in consequence of my volunteering—Deeble and another police-man looked about the door to see what goods we had, and after I had asked him what he wanted, he said he came to recognise some of the goods—he asked if I had sold certain goods—I said that I had not, but our man had, and I made out the bills—Mr. Hart, having served them, attended at the police-court—I was discharged on Saturday morning last, and was served with a subpoena on Monday evening, a week previous—I was discharged because I was ill on Thursday and Friday, and Mr. Lynes engaged another party in my place—it was for no misconduct on my part—I am quite certain that Dobson and Taylor were in the shop, but the names they gave on the bills were fictitious.
MR. RIBTON. Q. Are the bills destroyed? A. Yes—I do not recollect what names they gave, but not Dobson and Taylor—I first saw Deeble about a fortnight ago, on a Saturday evening, when he came and asked Mr. Lynes to go without a subpoena, and Mr. Lynes said, "No."
COURT to SERGEANT BAILEY. Q. Did you examine the house? A. Yes; when I went out at the opening in the attic—I could go along the roof to the opening of No. 8, without descending to the street—a person going out of the aperture at No. 8 could get in at the aperture of the Frying Pan public-house—the hole in the roof was in the room occupied by Bradburn—it is a lodging-house let out in separate rooms—I mean that from the room occupied by Bradburn I got out at this opening—it appeared to have been recently done—the tiles had been taken off very recently, and laid on one side, also the deal board from the top of the cupboard—it was a little after 1 o'clock when I went into the room at No. 8; from 1 to half-past—it was immediately on the alarm.
MR. PATER contended that there was no evidence of burglary, as the property might have been stolen before 9 o'clock. THE COURT was of opinion that that was a matter for the Jury.
Bradburn's Defence. There was neither lock nor key to this door night or day. I work very hard. I sometimes go twelve miles into the country hawking till my stock is worn out. I am hardly ever at home on Friday or Saturday nights till 11 o'clock. My license is at the police-station, and, the directions of the shops I sell and bny at. I had only had this room three or four days, and did not know the character of the persons who had been there before me. I did not come home till 8 o'clock, and then went down to town, and did not come home till a quarter to 12. Everybody knows how I get my living in the towns I go through. I bought the bayonet with some old iron, and I can prove it. I never saw these persons before, to my knowledge; only the sailor (Evans). I have seen him at Deptford, when he came three months ago, on the Saturday. I was hawking at Deptford, and saw the inspector at 2 o'clock, about a quarter of a mile from the station. I had a truck in a narrow passage, and he stopped till I passed by. On the Friday I got the bayonet I sold 11s. worth of things all but one penny. I did not come home till half-past 10, and my wife was out, too, looking for a living. I go about gathering rags. My license was out, and I wished to renew it on the Monday, and that is the reason I was out so late. The parties who keep this house were all strangers to me.
Hurley's Defence. On the night of the robbery, at 6 o'clock, Mary Dunn and me left London-bridge station for Woolwich. We came back to New Cross, and stopped there till a quarter to 12. I paid a penny each for us to come through the Thames-tunnel, and when we reached the neighbourhood where we lived, it was half-past 1 in the morning. The policeman who searched my cupboard found some flour, with an address at Woolwich on the bag, and I also had a doctor's bill at Woolwich. I told the policeman so, but he said it did not matter, for I should get off, and be discharged.
Mary Ann Bradburn's Defence. I am sometimes out with my husband, and sometimes I go out hawking by myself, selling copies and cushion covers. On this Saturday night I went as far as the Duke's Head to meet my husband, but missed him. When I came home it was a quarter to 10, and he had gone out to get something to drink. I had my supper and went out again. I met Evans's wife, who said she had been to the play—we went into Mrs. Brown's and had a pot of beer together—we took this room at 3s. 6d. a week—I knew nothing of the robbery.
Evan's Defence. On the Saturday the robbery took place, I left my father-in-law's house. I was hawking some goods for him, not being in a fit state to go to sea. I went out selling bonnet and hat boxes. I came home at 6 o'clock, went out with my wife, and we were out till half-past 10. We met Bradburn in Whitechapel-road. He asked me where I had been. I said, "To the play." He said, "Are you going home?" I said, "No," and we went together, he and his wife, and me and my wife. We did not go home till half-past 12. He then went up into his room, and I went into mine. My wife went down to get a pot of beer. She stopped a long time, and I went to look after her; when I came up again the policeman and two more constables were in his room, and the good woman was lying on the bed. He said to me, "Do you live here?" I said, "No; this is my room next door." I went into my room, and in about ten minutes he took me in custody. I asked him what for. He said, "On suspicion of a robbery at the Frying Pan public-house." I said, "If that is all, I am willing to go." He found nothing on me, no fine clothes or jewellery; certainly I had a pair of boots, but those I bought and paid 8s. for, a shilling at a time—I brought them home on the Thursday previous to the robbery. I had not been in the room from 6 o'clock to half-past 12. I have been eight years and nine months in the Navy, and was discharged from Liverpool in June, 1856. I did duty in the trenches in the Crimes, but was discharged with palpitation of the heart and dizziness of the head. My father and mother live at Deptford. I had just come home in the ship Mary Ann, which was cast away, and only eleven of us came on shore. I was called down to Southampton to receive 4l. 15s., and came up to Chatham, and met two or three of my shipmates who told me my child was dead; it died on the 4th of January. It was kept till the 13th, as I could not come up to London, and when I came up it was dead and buried. I have been paying the undertaker a shilling or sixpence a week, which I should not have done if I had had 500l.
Dunn's Defence. I was in Woolwich the night the robbery was committed.
COURT to SERJEANT BAILEY. Q. Did you ascertain whether the room that Bradburn and his wife occupied, was the same that John Hurley and Mary Dunn had left? Yes; I knew that—I have been up in the room and seen them.
Five Years' Penal Servitude each.
THOMAS and MARY ANN BRADBURN, HURLEY, EVANS, and
DUNN— NOT GUILTY .
MR. O'CONNELL conducted the Prosecution.
ROBERT WAITE . I am a waiter and live at 6, Red Lion-court, Charter house-lane—on 4th February, about 2 o'clock in the morning, I was in Long-acre—I was quite sober—when I got near St. Martin's Hall I felt a sudden pressure on my throat—I was pulled backwards, and fell on my back—I felt a man's hand in my waistcoat pocket, and saw Leary leaning over me—I called, "Police," and sprang to my feet; another man left my side at the same time, but I did not see his face—he was on the same side of me as Leary was, but rather behind me—one went across the street, and continued on the opposite side, and the one I followed kept in front of me, that was Leary—they both ran towards Drury-lane—I never lost sight of Leary, except for an instant, when he turned the corner and ran into a policeman's arms—he was then five or six yards from me.
Cross-examined by MR. HOLDSWORTH. Q. Where are you waiter? A. At Mr. Webb's, at the corner of Chancery-lane, a cafe—I had been to my brother's house to see my mother, and then went with a friend to Pimlien, and then returned to my brother's where we had supper and a pint of ale—I also had three pennyworth of gin and water at a public-house—that was all I had had—I neither saw or heard anybody before I was seized—an arm was thrown round me, and I felt myself nearly choked—I did not become insensible at all—the blow was a very violent one, and my hat flew off, but I felt no blow on my head, as it did not strike the ground—I had on a thick woollen coat, not this one, a double breasted one; it was buttoned close, except the bottom button, which had come off the day before—my coat was pulled open, and I felt a hand in my waistcoat pocket, but whether it went to the bottom of it I cannot say—there was a lamp a few yards from me and another behind me, at the corner of Bow-street—I did not observe another soul about—I saw a man go down the street in pursuit—Leary ran in front of us—there must have been four men all running together—Leary is the man who ran in front.
MR. O'CONNELL. Q. Did they both run towards Drury-lane? A. Yes—when I saw Edgington he was crossing Drury-lane.
JOSEPH EDGINGTON . I am a tin-plate worker, of 27, Matilda-street, Caledonian-raod—I was in Long-acre, heard a cry of "Police," turned back, ran into Drury-lane, and saw two men running, the prosecutor and Leary—I was past Bow-street, going towards Leicester-square, when I heard the cry—I followed, and saw the prosecutor fall, I pursued Leary, and saw him run into the arms of policeman 70, in Brownlow-street, I think it is named.
Cross-examined. Q. Did you see anybody about? A. No one but Leary, the prosecutor, and the policeman—I had a friend with me, but he did not run back—Brownlow-street leads out of Drury-lane—I am not well acquainted with the neighbourhood, and do not know whether there would be two or three corners to turn—I did not see the other prisoner.
MR. O'CONNELL. Q. Were you near the corner of Drury-lane when you saw them first? A. Yes—they were running towards Holborn.
CHARLES VOKINS (Policeman, F 70). I was in Brownlow-street, Drury-lane, and heard a cry of "Police"—Brownlow-street opens into Drury-lane—I stopped and saw Leary come round the corner of Brownlow-street, from Drury-lane—he was running towards Broad-street, but turned to the left, and I stopped him—the prosecutor was then in sight—where Long-acre joins Drury-lane would be behind him—I asked him what he was running for—he
he said he was running after a man—the prosecutor came up in about a minute, and said, "That is the man that put his arm round my neck"—he was very much excited, and blood was flowing from his mouth—he was quite sober.
Cross-examined. Q. You saw no other man? A. Edgington came up with Mr. Waite—where I stopped Leary was about 200 yards from St. Martin's Hall.
JAMES WATTS (Policeman, F 82). I was in Parker-street on the morning of 4th February, on the right hand side, going towards Holbern—Brownlow-street is on the left—I heard a cry of "Police," which sounded from Wilson-street; that is nearly opposite Parker-street—I saw Cunningham running several yards ahead of two or three persons who were behind him; and, hearing a cry of "Stop thief!" I made a spring at him, but missed my hold, and he crossed Drury-lane into Parker-street—I pursued him—Wilson-street and Brownlow-street are on the same side of Drury-lane—the man I saw was on the same side of Drury-lane as the others—he ran into a house on the left hand side of Parker-street, fifty or sixty yards up, and got into the back yard—I was not three yards behind him—he turned round on seeing me enter the yard, and I said, "What did you run away for?"—he said, "I was not going to stop there to be knocked about"—I said, "Hearing a cry of 'Stop thief!' and you being the first man running, I shall take in your in custody"—he said, "I shall not go, there is no one here to charge me; if there was I would go, but there is not, and I will not go quiet"—I said, "You had better do so, for I intend taking you"—he said, "Then we will have an up and down for it"—I collared him and took him to the station—I found Leary in custody coming towards Bow-street—I had not seen him before, but I saw a person ranning in the same direction—when in the dock they denied knowing each other at all.
Cross-examined. Q. Were you in Parker-street when you heard the cry? A. Yes; that is higher up than Long-acre, on the right hand side—it seemed to me that the cry came from Wilson-street, nearly opposite—the three men ran as if they had turned out of Charles-street—I could see some one cross from Charles-street—they came down Wilson-street—I was at the corner of Parker-street when I saw Cunningham passing, and attempted to take him—there was not a person there who could have passed before I got there—I crossed over and could see nobody, and I stood a moment to listen where the sound came from—there was no person then in Drury-lane—the next man behind Cunningham was about thirty yards from him, or a little more as near as I can judge—I did not know who that was—I did not see him till he was in custody—the corner of Parker-street is 150 yards from the front entrance of St. Martin's Hall.
MR. O'CONNELL. Q. Did they seem at if they came up one of the side street? A. Yes; that would be a shorter distance from Long-acre than going round Drury-lane.
MR. HOLDSWORTH. Q. Did Cunningham make any resistance? A. No; he only threatened to do so.
LEARY received a good character.
GUILTY .—Recommended to mercy by the jury.— Confined Six Months
CUNNINGHAM.— NOT GUILTY.
THIRD COURT.—Thursday, March 6th, 1862.
PRESENT.—Mr. Ald. CONDER and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
343. GEORGE BRODERICK KING (28) , Feloniously marrying Maris Somers; also, feloniously marrying Susan Brock well, his wife, Amelia, being alive; to both of which he PLEADED GUILTY .— Three Years Penal Servitude.
344. JOHN WOODS (25), and JOHN CLARK (23) , Breaking and entering the dwelling-house of William Cheasley, and stealing therein, 5 shawls, a coat, and other articles, value together, 7l. his property. Second Count, feloniously receiving the same.
MR. COOPER conducted the Prosecution.
MART ANN CHEASLEY . I live near the National School at Hanwell—on 21st February, I left my house, about 8 o'clock, to go to work—I locked it, and left it quite safe—all the windows and doors were fastened—I locked the outer door—about 12 o'clock in the day, I was fetched home by my neighbour, Charlotte Borrows—I went first to the police-station, and then to my house, and found the outer door broken open—I missed a black cloth coat, a pilot jacket, a pair of trousers, a brown cloak, a black shawl, a black cap, two pairs of stays, two pairs of stockings, two shawls, one scarf, two brass candle sticks, and other property—these things (produced) are all mine, and my husband's—they were all safe in my house when I left that morning—they were in drawers and boxes, not locked—I had last seen them on the day before—I saw the two prisoners about half-past 10 that morning, before my house was robbed—they passed the yard where I was at work—they saw me—that was not the yard attached to my house—it is a yard about ten or twelve minutes walk from my house—I watched them to the top of the lane that leads to my house—they were then about three or four minutes walk from my house—I was attending a sick person—I had seen the prisoners on the Tuesday morning before that—I knew them again, and am sure they are the men.
Cross-examined by MR. DICKIE. Q. Is not this lane a common thorough-fare? A. Yes—I did not see them go into my house, nor did I see them carrying my property.
CHARLOTTE BURROWS . I live near Mrs. Cheasley, at Hanwell, and am the wife of William Thomas Burrows—about 12 o'clock, on 21st February, I saw the two prisoners in Mrs. Butler's garden, a garden adjoining Mrs. Butler's house, which adjoins Mrs. Cheasley's—I am sure the prisoners are the men—Mrs. Butler's and Mrs. Cheasley's are the only two cottages there—the men had two large bundles in their hands, and one had an umbrella—I spoke to Thomas Chapman who was near—the prisoners saw that and they ran and jumped over into Mr. Baker's market garden—I ran up to the village to give the alarm, and then returned home—I had seen those two men on the Tuesday before—they came past my house—I am quite sure they are the men—they ill used my dog on that occasion—this (produced) is the kind of umbrella that I saw.
Woods. Q. How far were you off when you saw us? A. I think it might be three minutes walk—I was at my house—it is not very far; I could walk it in three minutes—I did not see you go into the place.
COURT. Q. Where were you standing when you saw them? A. On the
bridge of the canal—between the bridge and Mrs. Butler's garden there is a short space of osier beds, twice the length of this room, and thent here is a small piece of garden—it was there that I saw them.
Cross-examined by MR. DICKIE (for Clark). Q. Then you did not see them come out of the house either? A. No—the osier bed is three minutes walk from my house—I saw the faces of both the men—I will swear that—they both turned round and looked at me—it was with Woods that I had the disturbance about the dog—Clark had on the same dress that he has now, and a billy-cock hat—when I saw him on the Tuesday he passed my gate—Butler's garden was the nearest that he was to me, on the day the place was robbed—the osier bed was between us—the distance from that house to mine is not four times the length of this room, nor three times—I swear that—I have not had it measured.
MR. COOPER. Q. What is the height of the osiers there? A. They were not any height—they are only stumps.
WILLIAM CHEASLEY . Mary Ann Cheasley is my mother—on the Tuesday the house was broken, I was at play in the school yard about 11 o'clock—I saw the two prisoners go down the lane towards my mother's house, about two or three minutes walk from there—I am quite sure they are the two that I saw—one of them had this stick (produced) in his hand—I am quite sure that is the stick—I particularly noticed it—he was holding it by the end, swinging it.
Cross-examined. Q. When these men were first apprehended, did you make this statement at the police-court? A. No; I told my mother—I did go before the Magistrate and was examined—that was on the second examination—I saw the prisoners go down the lane—I did not see either of them go in to my mother's house, nor come out—I do not know anything about the dog being struck.
THOMAS CHAPMAN . I live at Southall, and am a labourer—on 21st February, I was at work on the railway, the Bradford line—we left off at 12 o'clock to have our dinners, and we came off the line to get our dinners, and came down close to the cut—I saw the two prisoners come from the corner of one of the two cottages, occupied by Butler and Cheasley—I am sure the prisoners are the two—Woods came through the gateway first—each of them had bundles—Clark followed Woods—I did not notice that they had anything else but the bundles—upon seeing that, from suspicions we had, I and some other men that were under me, ran after them—the prisoners then ran through Baker's hedge into the garden, and I lost sight of them among the trees—they were taken about half an hour afterwards, I should say—I knew them at once when I saw them—I am sure they are the men.
Cross-examined. Q. How many yards were you off? A. I should say it was nearly a hundred—it was not more than two hundred—I do not believe that it was a hundred and fifty—I would not swear it was not, because I never measured the ground—there was a canal between us—it was a nice beautiful clear sunshiny day—I saw Woods come through the gate first—I said to one of the other men, "Those men have come and robbed that house again"—Clark followed close after, within about three or four paces or so—I was so near that I can say they are the two same men—I could see which came through first, and by the appearance of them, after the policeman came and took them, I knew they were the same men—I was not close enough to see their faces.
COURT. Q. What became of the bundle? A. They jumped through the hedge into the garden, and the property was left in the garden.
o'clock, I received information of this robbery, and went in pursuit of the men directly I got there—I found the men in Mr. Baker's market garden, within a short distance of where the property was found deposited—the property was hidden in the garden under some rubbish—this (produced) is it—the prisoners were somewhere about one hundred yards from the bundles when I came up to them—I gave them chase—they ran—I saw some civilians, and called out for them to stop them—they were stopped by some men near the road—I took Clark into custody—he said, "What do you want me for?" or, "What are you going to do?"—after taking him to the station I returned to the garden, and made a search—Phillips found the property.
Cross-examined. Q. What you saw was the back of those persons running away, was it not? A. They were walking away when I first saw them, and when they heard me halloo out they took to running—I was about one hundred yards off—there is no thoroughfare through Baker's market garden—they were walking along the roadway that leads throsgh for the waggons to collect the fruit and vegetables—they were dressed similar to what they are now—I did not see any one else in the garden till after I saw the prisoners.
WILLIAM PHILLIPS (Policeman, T 208). On 21st February I went to Mr. Baker's garden, from information I received, and found there the whole of the property identified by the witness—I also found an umbrella there, buried along with the clothing.
HENRY COLLINS (Police-sergeant, T 20). On 21st February, from information received, I went to Mr. Baker's garden, took Woods into custody, and took him to the station—in his pocket I found two stones, a pair of gloves, and a small handkerchief which belongs to the prisoner, I believe—I went to the house of Mrs. Cheasley, and found that it had been broken open—on the table were this bill-hook, poker, and stick (produced)—I found the washhouse door of the next house also broken.
COURT to MRS. CHEASLEY. Q. When you locked your house in the morning was that poker, and bill-hook, and stick on the table? A. The poker was my own, what I use for my fire, but the bill-hook belonged to my mother, the next door neighbour—it was not in my house that day, till we saw it afterwards—neither of them was on my table when I left my house that morning.
MR. COOPER. Q. Was this stick there? A. No; it does not belong to me, or to anybody connected with me.
CLARK was further charged with having been convicted on 5th July, 1858, of breaking and entering a shop, and stealing money and articles therein, having then been previously convicted, to which he
PLEADED GUILTY.**— Ten Years' Penal Servitude.
WOODS— Three Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
WILLIAM LUDGATE . I am a lodger at 19, North-street, St. George's-in-the East—on 6th February, about 10 o'clock, I went to bed in a room on the ground floor, which is the parlour of the house—Thomas Eldridge is the landlord—the window and shutters were closed when I went to bed—the window looks out on the street—about a quarter to 4 I was roused up by a noise in the room—I said, "Who is there?"—somebody said, "Nothing, d—it"—with that he threw the shutters open, and, taking a bundle, jumped out at the window—I was after him in no time—I never lost sight
of him—there were two policemen standing outside at the time—he made towards the police, not seeing them—I followed him, still naked, and as he dropped the clothes I picked up some—I left the policeman springing his rattle, and I returned to rest.
COURT. Q. Then you do not know who it was that was in the room, and jumped out of the window with the bundle? A. No; I saw him—I believe the prisoner to be the party, but I do not know—the policeman ran after him.
ANN ELDRIDGE . I am the wife of Thomas Eldridge, who is the landlord of 19, North-street, St. George's-in-the-East—the last witness was a lodger in my house—in the room in which he slept there was a chest of drawers, in which was a pair of trousers belonging to my husband, and a pair belonging to my little boy—about 4 o'clock ia the morning, I was called up, and found all the things turned out of the drawers on to the floor, with the exception of what the man took away—these things (produced) belong to me—they were in the drawers in the room where Ludgate slept—they were gone—they were brought to me by the policeman Brewer.
GEORGE BREWER (Police-sergeant, H 30). About a quarter to 4 in the morning I was on duty opposite North-street, St. George's-in-the-East—I heard a noise, and saw the prisoner jump out of a parlour window of No. 19, with this bundle in his possession—he ran towards me, and when he saw me he threw down the bundle—I pursued him, and picked up the bundle—he ran into Backchurch-lane, and turned up a court where there was no thoroughfare—he had the waistcoat on, and the comforter round him—he lay down beside some palings there, and pretended to be asleep—I spoke to him, and said, "What are you doing here?"—he said, "Me sleeping"—I said, "Sleeping or not you will have to come with me"—I took him back—he was very much excited—he shook his head, and said he was sleeping—the woman identified the property—I saw him throw the bundle away.
COURT. Q. Did you ever lose sight of him? A. No; not from the moment he jumped from the window—he was wearing this light waistcoat, and the comforter tied round his waist.
GUILTY .— Confined Four Months.
MR. WARTON conducted the Prosecution.
HENRY HUMPHREYS . I am gardener to Mr. Bullen, at Cheshunt—in 1860, I was in the service of Mr. Wiltshire, of Palmer's-green, in the parish of Edmonton—on 2d September, 1860, I saw the pony in a field, on that Sunday evening, with two more horses on Monday evening I saw the two horses there, but the pony was gone—the field gate was looked, and the chain was broken—I saw that pony in Suffolk on 14th February this year—I was with two constables Boutell and Roberts—the pony was with Larter—I am certain that that was the pony belonging to Mr. Wiltshire.
Cross-examined by MR. BESLEY. Q. When did you leave Mr. Wiltshire's service? A. I think about six or eight months after the loss of the pony; it was in 1860—the distance from Mr. Bullen's, where I am now living, to Mr. Wiltshire's, is something like ten miles—after leaving Mr. Wiltshire's I set up a nursery in Southwark, about a mile from Palmers-green—I stopped there somewhere about eight or nine months—I found my business did not answer, and through Mr. Wiltshire's recommendation I went to live with Mr. Bullen last June—Mr. Wiltshire got me the place—I had the pony for
seven years—it was a good pony, a bay, with a few particular marks about it; a scar on the near side, a few white hairs on the forehead, good step, short action, very fast—I never tried whether he was a good jumper—he was in a gentleman's paddock with very good fences apparently—they were not much account, as the chain was broken—my idea is that the pony went out at the gate.
JOHN BOUTELL . I am a police-constable at Horinger, in Suffolk—on 4th September, I saw the prisoner at Horinger fair, driving a pony, which has been identified by Humphreys in my presence—I have seen it lots of times since I saw it at Horinger—I am quite certain that is the pony.
Cross-examined. Q. About how many times had you seen it between 4th September, 1860, and 14th February, 1862? A. I might say twenty times—the last time that I saw it before 14th February, 1862, was in September, 1861, or the latter part of August—I saw it at Horinger, a few days before Horinger fair—I did not see it between September, 1861, and February, 1862—Horinger is near Bury St. Edmunds—there were several ponies in the fair that time, and a great many people—it is a middling fair.
COURT. Q. Do you know any particular marks on the pony? A. I know it by the action, and there were a few white hairs on the forehead—it is remarkable in its action—it is a fast going pony—it was in good condition at that time, and a good made pony—I have known the gentleman whose hands it has been in all the time—there were a hundred bay ponies at the fair, but not like that one; it was in better condition than any others; I noticed it at the time the prisoner was driving it—I first saw it in the prisoner's hands, and afterwards in Frost's hands—the prisoner was alone when I saw it in his hands, he was riding on it, but I afterwards was him in company with two other men, strangers—they bought another pony and rode off together in a cart—the prisoner was riding with the other man in the cart—the other man was driving—I cannot say whether he looked like the master—I noticed the pony at the time and thought what a nice pony it was, and I know its tail to be fresh cut—I could see that by the hair.
ARTHUR ROBERTS . I am inspector of police at Bury St. Edmunds, in Suffolk—on Friday, 14th February, I saw Humphrey's and went with him to Hargrave, about eight miles from Bury St. Edmunds—he identified a pony which I showed him—I took possession it and brought it up to Bury—I went to Norwich on the following day and saw the prisoner in the Cattle-market there—I asked him if he knew the county of Suffolk—he said, "Yes"—I said, "Were you at Horinger fair last year?'—he said, "No"—I said, "Were you there the year before"—he said, "No," at first, but immediately after he said, "Yes, I was"—I asked him if he knew anything about a pony that was sold there; if he was in company with a man named William Collins, or George Bambridge, and there sold a pony which was stolen—he said, "No," to my first question—I said, "Nor with William Moon, or Romford Fred," who were the same persons: Collins and Bambridge go under different names—he said, "No"—I asked him if he had sold the pony—he said he had not—I then took him to the Norwich police-station, and there repeated those questions to him again; he again denied them—I afterwards brought him to Bury and charged him there with stealing the pony—before he was locked up I asked him if he stopped at Bury the night before Horinger fair on that occasion—he said, "Yes"—on Sunday morning, 16th February, I saw him in his cell and told him that I had information that he was in company with two others, and stopped at
Horkingdon Green with a pony on the night before Horinger fair, the year before—he said, "I know nothing about it"—afterwards I had the horse and cart and took him on to Horkingdon—as soon as he got into the cart, he said, "Where are you going to?"—I said, "I am going to Horkingdon to see whether you tell the truth or not"—he said, "You need not go any further; I was there with William Moon and Long George"—I do not know "Long George," I know William Moon—he said that he and the other two left the Fox beer-house at Edmonton on the Sunday night previous to the Tuesday, with a pony and cart, and drove down to Bury—he denied having anything to do with it, only that he was a servant to Moon.
Cross-examined. Q. Is Moon a man who has been convicted of an offence? A. He is now waiting his trial—he has been convicted—the prisoner did not know the names of William Moon and Romford Fred, when I put them—it was not till the following day that he admitted he was with them—they are the same persons; I have no doubt of it—all my questions put on 14th February, 1862, referred to something that occurred in September, 1860—he answered correctly that he was not at the fair in 1861—I was not dressed as a policeman at that time, I was when I went to Norwich—I do not think he knew I was a policeman—I was in company with a policeman.
COURT. Q. Did he know you were a policeman? A. Probably he might not—after the first three questions I took him to the police-station as Norwich—I had not told him that I was a policeman before the questions about Collins and Bambridge.
MR. BESLEY. Q. When he said they went to the Fox beer house? A. He knew then that I was a policeman—I had no warrant to take him in custody down at Norwich; I took him on my own authority—it is usual down there to interrogate them—I have beeu in the police force ten years—I have never been reproved for it in any court of justice.
MR. WARTON. Q. Who was the policeman with you when you spoke to him? A. One of the Norwich policemen—the prisoner knew on Sunday morning the 16th, that I was a policeman—he then denied having put up at Horkingdon, and when I was going to take him there he admitted it.
NOT GUILTY .
FOURTH COURT.—Thursday, March 6th, 1862.
PRESENT—Mr.RECORDER and Mr. Ald. DAKIN.
For the case of James Briggs, tried this day, see Surrey Cases.
~OLD COURT.—Friday, March 7th, 1862.
PRESENT—Mr. RECORDER; and Mr. Ald. HALE.
Before Mr. Recorder.
MR. SERJEANT BALLANTINE for the prosecution offered no evidence.
NOT GUILTY .
PLEADED GUILTY .— Confined Twelve Months.
349. CHARLES FROST (30) , Burglariously breaking and entering the dwelling-house of Robert Blockley, and stealing therein 1 cloak, 1 shawl, and other goods, his property. Second Count, feloniously receiving the same.
MR. PLATT conducted the Prosecution.
MARY ANN BLOCKLEY . I am the wife of Mr. Robert Blockley, of 9, Albany-street, Barnsbury, it is our dwelling-house, and is in the parish of Islington—on the night of 13th February, I was alone in the house from about 9 o'clock till ten minutes past 10—I went to the street door at 9 o'clock; it was then quite safe—I was in the breakfast-room—I did not go up stairs again till a little past 10, the door was then ajar—I missed nothing at that moment; next day about 4 o'clock in the afternoon, I missed most of the property from the second-floor front-room a black cloth cloak, a black velvet mantle, a black scarf shawl, and a black silk dress, five brooches, two rings, a bracelet, a necklace, a pencil case, a ring, a metal spoon, a caddy spoon, a medal, and a silver thimble—I should think the value of them together was about 20l.—there was another brooch taken from the second floor backroom—I am quite sure they were all safe at a quarter to 8—I am position they were all safe on that same evening.
Cross-examined by MR. PATER. Q. Was this the evening of the 13th? A. Yes—all these articles, with the exception of one brooch, were in the second floor front-room, in drawers and boxes—I was in the breakfast room till I found the door open—I kept one servant—she is still in my service.
COURT. Q. You say the door was closed at 9 o'clock? A. Yes—it was not locked or bolted, merely closed—it could be opened from the outside by a key.
HENRY BARRETT (Policeman, 16 L). About quarter to 1 o'clock on the morning of 14th, I took the prisoner into custody for assaulting me in the Borough-road—there were several other men with him, who got away—whilst I had hold of him I saw him drop something wrapped up in a piece of paper—it dropped into a constable's hands—I saw that myself—when he did that he said, "Here, Charley, take this to my mother"—Charley got away with the others—these are the articles (produced)—here is a silver medal, a silver thimble, part of a silver pencil-case, and a plated caddy-spoon; that is all.
Cross-examined. Q. Do I understand you to say that you distinctly saw these articles in his possession? A. yes—I saw him drop them into the constable's hands—they were wrapped up in a piece of newspaper—the silver medal bears the name of Robert Blockley.
ROBERT YOUNG (Policeman, 81 L). I was with the last witness, on the morning of 14th, when he took the prisoner in custody—the prisoner was on the ground struggling, and I saw him trying to get something from his pocket—I seized him by the arm with my left hand—I saw he had something in his hand, wrapped up in paper—in the meantime he said, "Here, Charley, take this and give it to my mother"—I put my hand down and these things dropped into my hand.
Cross-examined. Q. Did you see the parcel on the ground before you saw it in the prisoner's hand? A. No; I saw him take it from his trowser's pocket—I am quite sure of that—I had hold of him by the right arm with my left hand—when he was on the ground he knew I was near him—the
other constable was there too—we were both in plain clothes—he was charged by the other constable, with assaulting him.
MARY ANN BLOCKLEY (re-examined). This metal or plated spoon is my property—this is part of the pencil-case that was safe—I know this medal with the name of Blockley on it—that was one of the things safe, and which I lost at the same time—I can speak to it from the name—I know it—these other things were all safe on that night, and form part of the property stolen.
Cross-examined. Q. You speak of the medal in consequence of the name being on it? A. Yes; and my knowledge of it—I am enabled to speak to the thimble because it is my own—I do not know anything else I can claim it by than by knowing it—I had not worn it very long, but I had it some years—I identify the pencil-case—it was not in this condition when I lost it, it was whole—this is only a small portion of it—it was in a jewel box with the other things that were stolen—the thimble was kept in the same place—I also identify this caddy spoon.
GUILTY on second count.*†— Confined Eighteen Months.
NEW COURT. Friday, March 7th, 1862.
PRESENT—Mr. Ald. HALE; Mr. Ald. DAKIN; Mr. Ald. BESLEY; and
Mr. COMMON SERGEANT.
For the case of Whittington, Edwards, and Smith, tried this day, see Surrey Cases.
Before Robert Malcolm Kerr, Esq.
MR. WIGHTMAN conducted the Prosecution.
ANN WILLIS . I live at 7, Globe-crescent, Forest-lane, West Ham, and am a charwoman—I rented a room in that house, which is unoccupied—on the morning of Tuesday, 18th February last, about 8 o'clock I went out, locking my room door, and the street door also—on my return about 6 o'clock, I found the street door open, and my room door also—I got a light and found that I had lost a table, chair, washhand stand, some plates, and a carpet, some cups and saucers, a mug, and some pawnbroker's duplicates—I then went to Mr. Bragshaw, the pawnbroker, and mentioned my loss to him, and, in consequence of what I heard, I went the next morning for a policeman, and accompanied him to the prisoner's house, which was next door to me—I knew her, but was not particularly acquainted with her—the first thing I saw when I got to her house was a dress of mine that I had pawned at Mr. Bragshaw's—I also saw a shawl and a hymn-book on the table, and, in, the cupboard, my cups and saucers, and the pint mug—I gave her into custody—15s. or a 1l. is the value I put on those articles.
Cross-examined by MR. COOPER. Q. You were in an up stairs room? A. Yes—the table, chairs, and things were not very heavy—I cannot say how long the prisoner has lived there—I should say she is about my age—I do not know much about her—she was a midwife—I was generally out at work
—the tickets were not in my name, but in the name of Wood—the gown was not pledged in the name of Green—she said she had found them at first, but I told her she could not, for I left them on the table in my own room—she said a little girl had given her the cups and saucers—O'Brien is the name of the girl; she lives in the same house—she is not here as a witness.
PETER BIDGOOD (Police-sergeant, K 41). On Saturday morning, 22d February, from information I received, I went to the house of the prisoner's husband, next door to the prosecutrix—I asked her if she had redeemed a dress from Mr. Bragshaw's—she at first said she had not; she then said she had redeemed one of her own—I asked her to let me see it—she went up stairs and brought it down, and I showed it to the prosecutrix, and she identified it as being a dress of her's that she had pledged, and the ticket had ben stolen from her room at No. 7—on searching I found a shawl, a hymn-book, and some cups and saucers—the prosecutrix identified the things that I found.
COURT. Q. Where were all the cups and saucers and things, standing out open? A. In a cupboard in the prisoner's room—the cupboard was shut, but not locked—the table was not moved out of the prosecutor's house, only brought down from one room to the room below—it did not get to the prisoner's house—I also found ten duplicates—I then went to search her drawer—she made an objection—she then opened it herself, took something out, I could not see what, immediately left the room, and went into the back room—I followed her and saw her put something into the fire—I took it out, and it was this parcel with ten duplicates in it wrapped up in a piece of rag—I showed them to the prosecutrix, and she identified them as being her's, and stolen out of her room—two of the three are in the name of Green, and one in the name of Bradford—the prisoner has a husband.
MR. COOPER. Q. They are not all yours? A. No; seven are mine—there are three left.
COURT. Q. How long have you known the prisoner? A. The last two years—I do not know whether she if quite sane—she ia employed by many as a midwife there.
MR. COOPER. Q. She is a well known midwife there? A. I believe she is—her husband takes out coal and coke.
BENJAMIN BRAGSHAW . I am a pawnbroker residing at Stratford New Town, West Ham—on the evening of 18th February last, the prisoner came to my shop with the intention of redeeming two articles—she delivered the duplicates to me—one was for a dress in the name of Green, and one was for towels in the name of Wood—she could not have the towels because they were out of date—I gave her the gown.
MR. COOPER. Q. You gave Miss O'Brien in charge, did you not? A. No, I did not—I did not take her into custody, nor charge her with taking my cups and saucers.
NOT GUILTY .
Before Mr. Baron Martin.
MR. SLEIGH conducted the Prosecution; MR. HORRY the Defence.
NOT GUILTY .
MR. SLEIGH offred no evidence.
NOT GUILTY .
Before Mr. Recorder.
HENRY HANKS . I am a dissenting minister, and reside at Plumstead—on Thursday night, 6th February, there was a side of pickled pork in my cellar, and a hammer, a chisel, and other tools—I missed them next morning, and, in consequence of information, I went to the house where the prisoner resided with his father, and asked him if he knew anything about the things I had lost—he said he knew all about the robbery, but had none of the things—I sent for a policeman, and the prisoner led him to the back part of my premises where the pork had been buried in the earth—he then led us to a person in the village, Mrs. Wood—the prisoner asked her if she had some pork—she said that she had, and after some hesitation she produced it, and I recognised it as my ham—the prisoner then charged her with having bought it early that morning; he did not say of himself—I found the tools buried in another part of the ground where the prisoner led me.
ABRAHAM PRATT (Policeman, 126 R). I went with the last witness to the house of the prisoner's father on 7th February, before 10 in the morning, and said, "What about the pork?"—the prisoner said, "Come on and I will show you"—he took us to the back of the premises, where we found the tools and pork—I asked him what he had done with the rest—he said that it was down at Parkes-place—I went there and asked Mrs. Wood if she had any pork—after some hesitation she said that she had, and she bought it of a man named Jordan—she brought it down.
Prisoner's Defence. I never stole the pork nor yet sold it.
GUILTY .—Recommended to mercy by the prosecutor, who stated that he had taken the prisoner into his house, and treated him as one of has own family, when his father expelled him from home for his vicious habits, and that his father had consented to this prosecution in the hope of getting him into a Reformatory.— Confined One Month
Before Mr. Common Serjeant.
MR. COOKS conducted the Prosecution.
JOSEPH WATES . I am a draper at Woolwich—on Friday evening 24th January, the prisoner came to my shop, about half-past 8—she asked for a common cotton handkerchief—we keep them as low as 3d.—she was applied with one by my wife—my wife took a half-crown from her, and passed it on to me—I found it was bad, and said to the prisoner, "This is a bad half-crown"—she seemed greatly surprised, and said something about her husband having just given it to her—she then left the handkerchief, and proposed to leave the half-crown and send her husband for it—I inquired
her name and address—she said Mrs. Chandler, and she lived in John-street—I asked her, "What John-street?" and she said, "John-street, Woolwich"—I allowed her to go ont of the shop, and followed her, and instead of going up John-street she went into William-street—I gave her into custody to a policeman, to whom I also gave the bad half-crown.
Cross-examined by MR. LANGFORD. Q. What were you doing when the prisoner came in? A. I had just given instructions to shut up—I was standing behind the counter—her face was towards roe at first—while she was being served I moved round—I do not know that I had any particular motive in doing that—Mrs. Wates is at home—I did not see the prisoner take her purse out of her pocket—I first saw the half-crown when my wife gave it to me, and requested me to examine it.
MR. COOKE. Q. Was that the half-crown the prisoner wanted you to keep till her husband came? A. Yes.
CAROLINE KING . My husband keeps a haberdashery shop at Plumstead, which is about ten minutes walk from Eleanor-street, Woolwioh—on Friday, 24th January, between 6 and 7 in the evening, the prisoner came to my shop and asked for two pennyworth of envelopes—I served her, and she tendered me in payment a half-crown—I put it in a detector, and bent it nearly double—I told her it was a bad one, and she said she had been to London that day, and she must have taken it there—she did not seem much surprised—she did not pay for the envelopes—I put the half-crown on the counter, and she took it up aud went away.
Cross-examined. Q. Do you put all money that you take, into the detector? A. I make it a general rule to do so—this gave way directly.
MR. COOKE. Q. It did not give you much trouble in bending it? A. No
SAMUEL PETERS . I live with Mr. Stone, a draper, at Woolwich—on Friday, 17th January, between 8 and 9 o'clock in the evening, the prisoner came to the shop, and asked to look at a cap front—Ellen Wates served her, in my presence—I saw the prisoner put a half-crown on the counter in payment—Miss Wates handed it to me, and I put it between my teeth—I found it was bad, and said so—the prisoner said she did not know it; it was a great shame for people to be imposed upon—she did not give any good money for the cap—she said she must leave it, and she went out—she left the half-crown, which I marked, and afterwards gave to the policeman.
ELLEN WATES . I live at Mr. Stone's, the drapers, at Woolwich—I remember the prisoner coming into the shop, on the evening of 17th January—I showed her a cap front she asked for, value 4 3/4d.—she gave me a half-crown, which I handed to Samuel Peters—I saw him put it in his mouth, he bit a piece out, and said it was bad—she went away, leaving the half-crown and the cap front.
LOUISA DRIVER . My husband keeps a haberdashery shop at Green's End, Woolwich—on Friday, 17th January, I and my daughter Rosa were in the shop—I believe the prisoner to be the woman who came in and asked for a pair of gloves at 4 1/2 d.—I told her I had not got them; I had them at 7 1/2 d.—she agreed to buy them, and gave me a half-crown in payment—I went into the parlour to get change, leaving Rosa in the shop with the woman—when I came back I gave her the change, leaving the half-crown in a bag, in the parlour—I had no other half-crown in the bag at that time—I next went to the bag next morning—I gave the half-crown to my son, and he said it was a bad one—we all examined it at that time—it was bad—I afterwards showed it to my husband, and he put a mark on it when he gave it to the policeman—the same half-crown I took from the woman was afterwards given to the policeman Holmes.
Cross-examined. Q. Other people have access to this money-bag besides yourself, do they not? A. Yes; some one may put a half-crown in or take one out without my knowing it—this was somewhere between 6 and 8 o'clock—I examined the half-crown next morning, about 12 o'olock.
MR. COOKE. Q. Are you able to say it was the same that you put in the evening before? A. I am not quite positive, but we had no other that I know of.
ROSA DRIVER . I live with my parents at Woolwich—I was in the shop with my mother one evening when a person came for a pair of gloves, and the next day there was a talk of a bad half-crown being found in the bag—I stayed in the shop with the woman who bought the gloves, while my mother went to get change—the prisoner is the woman.
Cross-examined. Q. Are you the daughter of the last witness? A. Yes—I am quite certain the prisoner is the woman—I saw her next at the police-station, a fortnight afterwards—I had not seen her in the interval, or before.
MR. COOKE. Q. Were you in the shop alone? A. Yes—I was not talking to her while my mother was away.
JOHN HOLMES (Policeman, R 145). The prisoner was given into my custody on 24th January, by Mr. Wates—he gave me this counterfeit half-crown (produced)—I also produce a counterfeit half-crown which I had from Peters, and one from Mr. Driver—a purse was found on the prisoner contaning a sovereign and half a railway ticket from London to Plumstead—she gave me her address 7, Charles-street, Westminster.
MR. LANGFORD to SAMUEL PETERS. Q. Were you the first person who saw this woman on 19th when she came to the shop? A. I was in the shop—Miss Wates served her, and I was standing at the side of Miss Wates—the prisoner had a bonnet on—I cannot say about her dress, so much as I know her by the face, I am certain it is the same woman—I have bitten pieces out of bad shillings and half-crowns before; I always do—I had not seen this woman before—I saw her a fortnight afterwards—I did not see her in the interval—I went with Holmes to the police-station, and then another policeman took me to see her—I have not the slightest doubt that she is the woman.
GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months.
HODGSON— PLEADED GUILTY .— Confined Twelve Months.
MR. COOKE conducted the Prosecution.
ELIZA HOSKINS . My husband keeps a general shop at Woolwich—on Saturday, 15th February, between 5 and 8, I think, in the evening, the female prisoner came there to buy some tobacco, and other small articles—she tendered a five shilling piece—I think it was only 6d. that she had to pay, but I cannot exactly remember—I gave her the difference—I put the five shilling piece in my purse—I had no other crown piece there—on the Monday I had occasion to examine it, and found it couuterfeit—I kept
it until the next Tuesday evening, and gave it to the constable Yardley—I put my initials, E. H. on it, before I parted with it.
Smith. I was never in the lady's shop at all. Witness. I am sure you are the person.
JOHN JAMES WEISE . I am a hatter, at Richard-street, Woolwich—my shop is perhaps 200 or 300 yards from Mrs. Hoskins'—on the evening of Saturday, 15th February, the female prisoner came there between 9 and 10 o'clock, and asked for a boy's cap, which came to 1s.—she tendered a crown piece in payment—I gave her 4s., and put the five shilling piece into my pocket—I had no other crown piece there that night—almost immediately she had gone, I think, the police-officer Yardley came into the shop—in consequence of what he said I examined the crown piece, and found it counterfeit—I put a mark on it at the police-court.
WILLIAM SHEPHERD . I am a shoemaker at Woolwich—on Saturday evening, 15th February, I was in company with policeman Yardley, about half-past 9 o'clock in the evening—I saw the two prisoners and another woman, who is not here, in company—the other woman left them—I saw these two in a street called Richard-street—the woman left the man, and went into the shop of Mr. Weise, the last witness—I saw her come out with a cap and something in her hand—the man was then on first—at the bottom of the street, on the other aide of the road, they joined, and spoke—I saw the policeman go into Mr. Weise's shop, and then he went and took them is custody—I saw the man throw something on the ground—I picked it up, opened it at the station, and found a bad five shilling piece.
Smith. I was not with the other prisoner; I merely asked him the way to the railway station.
WILLIAM YARDLEY (Policeman, R 259). I was on duty at Woolwich on 15th February—my attention was directed to these two persons and another woman—I saw this woman go into Weise's shop, and come out again—I then went into the shop, and received from him this counterfeit five shilling piece (produced)—I afterwards went to the shop of Mrs. Hoskins, and received this other five shilling piece (produced) from her—I took the prisoners into custody—they were in company—I heard something fall to the ground, and the witness Shepherd picked it up—it was found to be this bad five shilling piece (produced)—on the woman was found the 4s. she received in change, and the cap; no more change—on the man was found 16s. 1 1/4 d., five cigars, and two half ounces of tobacco—no tobacco was found on the woman.
Smith's Defence. I am an unfortunate girl, and I was not aware of their being bad.
COURT to WILLIAM YARDLEY. Q. Where did the fourth crown came from? A. On making inquiries at Mrs. Hoskins' I found that another one had been passed four weeks previously—she was taken down to look at Smith, and identified her as the person who passed it.
GUILTY .— Confined Nine Months.
MR. COOKE conducted the Prosecution.
MARY ANN SWAISLAND . My husband keeps the Bank Tavern at Woolwich—on Saturday evening, 11th January, the prisoner came there for half a pint of porter—I served her, and she put a sixpence on the counter—I put it between my teeth, and bit a pieoe out of it without much trouble—I
asked her if she had any more of that kind on her—she asked me if it was bad—I asked her if she remembered the last half-crown she had given me—she had been in the house on the Saturday fortnight before—upon that she began to be very abusive—the policeman Martin was in there—he took up the larger piece of the bad sixpence, and the smaller piece went on the floor—he asked her what she had got in her hand—the refused to show it him, and they commenced struggling—whilst they were struggling a man came in and asked for half a pint of porter—before I could serve him he snatched up the piece of the bad sixpence, and ran out—that wan the piece which the policeman had taken up—he had laid it down—the woman was given in custody—I afterwards picked up from the floor the piece of the sixpence that had been thrown down, and gave it to Martin—Blanch was in the bar when she came in.
JOHN CLEMENT BLANCH . I am the potman at the Bank Tavern—I was in the bar on the night of 11th January, when the prisoner came in for some drink—I saw her put the sixpence down, in payment, and saw my mistress break it with her teeth—she asked her if she had any more of that kind, and then the policeman caught hold of her hand, and she tried to conceal somthing under her cloak—I had come to the bar for some beer—I saw the policeman and her struggling, and saw the policeman put part of a bad sixpence on the table, and then a man came in, snatched it up, and ran off—Martin ran after the man and took him in custody, and took them both away.
ROBERT MARTIN (Policeman, R 210). I was at the bar of the Bank Tavern, on Saturday, 11th January, and saw the prisoner come in and put down a sixpence—I picked up the largest piece of the sixpence as soon as the landlady had put it down—I inquired of the prisoner where she lived, and she gave, 16, Air-street—I said, "That is a shop"—ahe said, "Yes; I am aware of that"—I said, "What does the shop consist of?"—she said, "I do not know"—I put the pieoe of the sixpence down to endeavour to get something out of her hand, that she was holding—I did not get her band open—this (produced) is the piece of sixpence that I got from the landlady afterwards.
MARY SHEEHAN . I am a widow at Woolwich, and sell oranges—on 4th January, when I was with my basket of oranges, the prisoner came by and looked at them—she passed me a few steps and returned back again, and said, "Them are good-looking oranges"—I said, "Yes"—she said, "How do you sell them?"—I said, "Two for a penny, and two for three-halfpence"—she said, "I don't mind what I pay for them so as they are good"'—she took three half-penny worth of oranges—ahe said, "I have not got three-half-pence, have you change for a two shilling-piece?"—I said, "Yes; I have," and I gave her 1s. 6d. in silver, 3d. in copper, and three penny-worth of oranges, and the gave me a two shilling piece—I had no other two shilling piece at the time—on the Tuesday after that happened I went to the market, and found that two shilling piece was bad—I am sure it was the same that the prisoner had given me—a man that I gave it to, broke it in two and said it was bad—he gave me one piece—I gave it to Mrs. Worsley, and she gave it to the constable—the other piece he threw away, and I did not get it.
COURT. Q. Are you sure she is the person? A. I am—it is not true that the policeman made me state that she was—she was in the dark at first, and then when she came to the light I said, "She is the person."
Woolwich—I am the female searcher—on 11th January, I was directed to search this woman—when I began to do so, I heard something rattling, in her mouth—I asked her what she had there—she said, "Nothing "—I told her I was sure she had, for I could hear it rattling against her teeth, and if she did not give it to me, I should call assistance—with that she took it out of her mouth, tried to make away with it—she tried to throw it down a water-closet—I prevented that, and then she put it in her mouth again, and then pulled it out of her mouth, threw it under the seat, and I picked it up—it was this shilling (produced)—I also found on her 2s. 9 1/2 d. in copper 6s. in silver, a piece of pork, two pieces of prints, two mutton chops, a saveloy, and a postage-stamp.
GUILTY .—She was further charged with having been convicted on 13th August, 1860, of unlawfully uttering counterfeit coin, having other counterfeit coin in her possession, and sentenced to six months imprisonment; to which she
MR. COOKE conducted the Prosecution.
MR. COOKE. Q. Was the man that came in the male prisoner? A. Yes; he snatched up part of the sixpence, and ran out before I could serve him with the beer.
Webb. Q. Where were you standing when I came in? A. Alongside of the female—the 6d. lay on the table, which might be about two yards from the door—I was there by myself and could not leave the bar to go before the Magistrate—my husband went because he met the constable on the way, and went with him, and when he came back I went myself—that was after you were locked up, after the charge was taken.
MR. COOKE. Q. Is the male prisoner the man that came in? A. Yes.
Webb. Q. Where were you standing when you saw me pick up the sixpence? A. In front of the bar—I had just come from the taproom for some porter—there is a partition on one side of the bar—I cannot see through the partition—I was not that side at all—I was round by the bar-door—I did not say, as you were going to the station, "It's all right; come along quietly; Missus is tipsy; she will not come up at all"—I said at the police-court, that I saw you pick up the piece of the sixpence off the table.
Webb. The inspector called you back, and you said a second time, that you did not know what it was, and then the third time you said it was the piece of the sixpence. Witness. No; I was never called back at all—I know James Brady by sight—I was not tried with him last February, nor had three months for house breaking—I was tried for a robbery at Butterfield's, opposite the George and Dragon at Woolwich, and had three months for it—it was not for having house breaking implements on me.
COURT. Q. What was it for? A. For being at the front door at 6 o'clock in the morning.
Webb. Q. Were there any implements found on you? A. No—I know a man named Ginger—I was not tried with him for an attempt at highway robbery, nor had I three months for it.
MR. COOKE. Q. After you took the man in custody, I believe you took him to the female prisoner? A. I did—he said he knew nothing at all about her—he gave me an address, 23, London-street, Greenwich—I could not find any body there to answer the description—Blanch was with me when I apprehended Webb.
Webb. I made a mistake in the name of the street. Witness. They both gave false addresses.
EDWARD FEATHERSTONE (Police-sergeant, R 22.) On Friday night, 11th January, between 8 and 9 o'clock, I saw tfce prisoners in Air-street, Woolwich, walking together—at a few minutes after 9 I saw the man standing at the corner of Air-street, alone, with a small bundle in his hand—Air-street runs out of High-street—they were in conversation when I first saw them—I saw them at the station-house afterwards.
Webb. Q. When did you see me first? A. I saw you and the female together by the side of that large butcher's shop in Air-street—going from Powis-street the shop is at the commencement of Air-street—that was the direction I was coming from—I afterwards saw you standing at the corner of Air-street, and High street, at about a few minutes or a quarter past 9, I cannot say exactly, with your back to the wall—I know Blanch—I believe he bore a bad character till he got this place—I do not know how he has got his living all his life—I have not known him all his life—I do not know that he is called the terror of Woolwich.
MR. COOKE. Q. You know be is in a respectable situation now? A. Yes; and seems sorry for his past errors.
MR. COOKE. Q. Did you find that bad shilling on her? A. Yes; there were two mutton chops among the articles found on her.
Webb' Defence. I went into this public-house to have half a pint of beer and when I got in I saw the policeman with some money on the table. I turned back again, thinking I would go into the next house. I was out, I suppose ten minutes, and across the road; the policeman came after me and said he wanted to speak to me, and then he charged me with stealing a had sixpence; I showed him what money I had about me; he looked at it, found it good, said that I must go with him down to the station-house; he said that this woman had tried to pass a bad sixpence. I went with him and when I got there he charged me with being in company with the woman. I had not seen her at all till I went into the publie-house.
WEBB— GUILTY .— Confined Fifteen Months.
SHEPHERD— GUILTY .— Four Year's Penal Servitude.
PLEADED GUILTY . **— Four Year's Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. HORRY conducted the Prosecution.
—my husband has the charge of Mowing-wharf, East Greenwich, the property of Sir John Scott Lilley—there is a factory on the wharf, in which is a steam engine, which has not been used for some time—the factory is locked up, quite closed—on Wednesday, 19th February, about ten minutes to 3, my child gave me some information—I went to the factory door and found it fastened—I looked through a large key-hole and saw the prisoner working very fast at the engine, trying to take some of the things off I think—I sent a person for a policeman—the policeman came and looked in at the key-hole and saw him—I told him to go round to the back—the padlock of the back-door was open, hanging to the staple of the door—I tried to get in at that door and could not—I told the policeman to break it open, and he did so—we found the prisoner inside hanging over the rafters of the house—another man that I gave information to brought a ladder to get him down, I think—he got down by the wall, he did not wait for the ladder—when he was taken into custody the engine was examined, and one of the brass bearings was down by the side of the engine, away from its place—the policeman took it up, and said, "I will examine you"—he said, "I have nothing"—the policeman said, "I will not take your bare word for that, I am used to your kind of customers"—the prisoner said nothing to that—the policeman said that he must have had a wrench to get the things of—he said that it was a wrench that was on the premises that he had made use of—he was taken to the station.
Prisoner. The policeman asked me what I had in my hand, and I said it was a wrench.
THOMAS RUTLEDGE . I am the husband of the last witness, and have the charge of this factory for Sir John Scott Lilley—about 4 o'clock on Wednesday, 19th February, after the prisoner had been locked up, I went to the factory—the constable gave me the padlock which was on the back door (I had seen that safe at 3 o'clock on the afternoon of the 18th)—I found it as if it had been unlocked—it had been picked, for I had the key of the house in my possession—I examined the engine and found different parts of it disconnected, brass taken off the pump—I found two guage cocks, they were broken off the boiler; some of the brass work of the engine—the constable showed me a brass bearing—the engine and those things were safe in their proper position the day before.
JOHN PITNEY (Policeman, R 97). On 19th February, in consequence of what I heard, I went to the engine-house, looked through the key-hole and saw the prisoner in the act of unscrewing something—I did not see him take anything off the engine—Mrs. Rutledge hallooed out—he became alarmed, and I saw him run from the engine on to the boiler—I saw him throw something away—I went round to the back door and found it fast on the inside—I broke it in and saw the prisoner hanging to the rafters—I asked him to come down—he said nothing, but came down—I asked him what he had thrown away, and he said it was a wrench which he had found in the place—I found two brass bearings lying by his side—I took him to the station, and when there, asked him what be threw away—he said it was a wrench that he found in the place—I found these two brass cocks (produced) afterwards.
COURT. Q. They would be unscrewed I suppose? A. Yes; these are the other brasses that I found by the prisoners side—they had been taken from the pump, near which he was when I saw him.
Prisoner's Defence. I am innocent of what I am accused of; it was with no intention of taking them that I went there; I went there to relieve myself.
GUILTY .— Confined Five Months.
MR. POLAND conducted the Prosecution.
JAMES MARGETSON (Policeman, R 122). I was on duty on Friday evening, 14th February, in the Blackheath-road, about half-past 7 o'clock—I saw the prisoners there, one on each side of the road—I saw Saunders first, they were each carrying a parcel in a handkerchief, apparently very heavy—I followed them down Blackheath-road for some distance, till they came opposite Mr. Adams', a marine-store dealers shop; he is Saunders' father-in-law—Saunders crossed the road smartly, and Rice went into the shop close behind him—Saunders went to the end of the counter and put down his parcel—Rice also put his parcel down by the side—I was looking in at the window, and I saw all three apparently in conversation; some words passed between them, but I could not hear what—Rice was the last one in the shop and the first one coming out—they were coming out and I met them coming out without the bags—Saunders stepped up to Rice at the door, when I met him, and said, "That is the little engine I was speaking to you about," pointing to a small engine that was standing against the door—just as he said that, I said to Rice, "What do those bags and parcels contain that you bronght into the shop?" neither of them made any reply—I then took hold of Rice and pushed him back into the shop to where the bags were lying—Saunders was behind him—I said to Adams, "Do you know what the bags contain"—he looked at the two prisoners and looked at me, and then said, "No"—I said, "Untie this first bag, let us see what it contains"—Adams untied it, and I saw that it contained brass—I then said, "Untie the other bag, let us see what is in that;" and then he untied the second bag, which also contained brass—both the bags are here—I then asked the prisoners where they worked—Rice said, "I work at Mr. Soames' soap-works, East Greenwich"—Saunders also said, "I work there"—they said they had brought the metal from Mr. Soames—I asked them if Mr. Soames authorised them to dispose of that property—Rice said, "No, but if you go to Mr. Perrier, the foreman, he will tell you all about it"—nothing more was said then—I sent to the police-station for an officer—a police-constable came and took Rice and one bag containing the brass, to the station—I took Saunders and the other bag to the station—I told them I should make some inquiry about it before I let them go—instead of going to Mr. Perrier I went to Mr. Soames—neither of the prisoners said anything more as to why they sold the metal—I did not lock them up at the time—I left them at the station, and went to Mr. Soames, who came and charged them—these (produced) are the bags—the two weigh about 72lbs.—I cannot say which prisoner carried the bag containing these brass bushes and bearings—they were lying close together—the other is old metal, some of it has been in the fire.
Cross-examined by MR. COOPEER. (For Rice). Q. Did you know either of these men before? A. I did not—I was not dressed as I am now—I am a plain clothes constable—they were about two miles from Soames' place when I first saw them—they would have to pass along the road all that distance—it was just the time when the work-people were going to their work; and just the time when police-constables in uniform as well as out of uniform were going about.
Cross-examined by MR. LILLEY. (For Sounders). Q. I suppose you told the prisoners you were a police-constable? A. Yes.
COURT. Q. Was that before you had the conversation with them? A. Yes; as soon as I entered the shop.
WILLIAM PERRIER . I am foreman to Mr. Soames, and have been in his service between seven and eight years—Rice was his head engineer—he has been in Mr. Soames' service about ten years, and Saunders about nine months—I did not give the prisoners authority to sell any of the property in those bags, or to take it out of the premises—I did not know that any portion of it had been taken from the premises—a portion of it is old metal—the brass things would not be considered old metal, without they were passed as such by Rice; if they were made too large, and would not corns in use, if he passed them for old metal they would go for old metal—I do not know what is the value of all the metal—there was a fire at Mr. Soames' on 17th May last—I sold some old metal about a mouth before that was damaged in the fire—no metal ought to be sold without being brought to me to he weighed and entered in a book—I sold the old metal to Messrs. Jackson and Watkins—they would pay for it at the counting-house—I never saw Adams, the marine store-dealer, till I saw him at the police-court—I gave no authority for any metal to be sold to him—these men left their work on 14th February at half-past 5—I do not know where Saunders lives—Rice lives at Greenwich, a mile and a half, I should think, from Adams.
Cross-examined by MR. COOPER. Q. Except those things which you have spoken to, the majority of that is old metal, is it not? A. Yes—I did once say to Rice, "There is some old metal; we most send it to Stone's"—that was the metal that was sold—we had an open account with them—it was about five weeks before this occurrence—it was said while we were working—I was speaking about some old metal which I had in my possession—I had part of this metal in my possession—that was in the cutting-room—the other was in Rice's possession—before we sold it to Jackson and Watkins the which of it was in my possession; but most of those things were picked out just at the time, to be useful, and therefore not to be sold at that time—Rice has had from four or fife to twenty-four or twenty-five men under him since the fire; not during the whole of those ten years—before that, there were only about one or two with him—there is no other foreman besides Rice—there was no other one under Rice superior to the rest, unless he placed a man in authority when he was going to leave.
Cross-examined by MR. LILLEY. Q. Were you the general foreman in the establishment? A. Yes—Rice was the engineer, and Saunders worked under him—I do not know anything about engineering—if those bushes were too big for the wheels, and Rice considered they were old metal, they would go as such.
COURT. Q. You would be satisfied with his decision? A. Yes.
MR. COOPER. Q. When you spoke of sending old metal to Stone, did you not say, "Take it to Stone's?" A. No.
MR. LILLEY. Q. Saunders being under Rice, was it his duty to obey Rice in all matters that were lawful? A. During working hours—Rice was in the employment before I went there—I have been there between seven and nine years—Saunders might have been unaware of the rule that the old metal should come to me—he might have had the impression that Rice, the foreman, was entitled to deal with it—I do not know anything about Adams—I do not know him at all—I have only been in the neighbourhood about four years and a half; when our new works began.
MR. COOPER. Q. You said, "I talked about sending metal to Stone, where we had an open account, take it to Stone's;" but not implying that Rice was to take it himself? A. I said before the Magistrate, in speaking about the metal, I thought we might as well send it to Stone's, as we had an open
account—I did not say, "Take it to Stone's—I said we would send it to Stone's.
MR. POLAND. Q. Was there an open account with Stone's? A. Yes—I spoke to Mr. Soames about it, and in consequence of what I said to him, the metal was sent to Jaokson and Watkins instead—even suppossing we had been going to sell those things as old metal, the metal ought to have been brought to me to be weighed and entered in the book, as the other metal that was not to Jackson and Watkins was.
JAMES SOAMES . I am in partnership with Arthur Soames—in consequence of what I heard had taken plaoe before the Magistrate on 15th February, I saw Rice there—I did not speak to him then—the only time I spoke to him was at the station-house—the policeman said thai Rice had told him that Perrier had given him orders to take this metal—in consequence of that, I turned to Rice, and said to him, "Do you mean to say that Perrier did give you orders to take it?"—he said, "No; he did not"—I do not think anything further passed—Perrier is still in my employment.
The prisoners received good characters.
NOT GUILTY .
MR. GENT conducted the Prosecution.
MARY KEITH . I am servant at the Coach and Hones beer-shop, Mill-lane, Deptford, and am a married woman—on Friday, 21st February, the prisoner and some other marines were drinking at that house—I attended to them—one of them, not the prisoner, asked me to go and sell a silver spoon broken in three pieces—I took it to my mistress, and afterwards went to a pawnbroker's with it—the pawnbroker would not buy it, because I could not give a satisfactory account of it—I was coming back, and a constable took me on the shoulder, and asked me where I got the silver spoon, and I told him the truth about it—he came back with me, and I went up stairs—he saw the prisoner—the man was there who gave me the spoon—I went into the room and said, "Which of you men gave me tho spoon?"—the mau who gave it me pointed to the prisoner, and said, "That is the man it belongs to"—the prisoner said, "I picked it up in the street"—the constable then took him to the station—I gave up the pieces of the spoon to the constable.
JOHN RUSSELL (Policeman, R 282). On Friday, 21st February, I went with the last witness to the Coach and Horses—she gave me these three pieces (produced) of a silver spoon—there were several marines at the beer-shop—I asked which one it was belonged to the silver spoon, and a marine there pointed out the prisoner—the prisoner could hear what he said—I asked him if it was true that it belonged to him; and he said that it did, that he had picked it up in the street as he came up from the barracks that morning—I told him that I could not be satisfied with the account that he gave, and I must take him—he did not say anything else at that time—afterwards he told me that it looked as though it had been run over, but that he had broken it into three pieces himself.
HENRY NEWMAN . I am servant to one of the officers at the Deptford-barracks, attached to the marines—I keep the officers' plate in my custody—I know the prisoner—he is a marine—on 20th February, he was scrubbing out the pantry there—the plate was not kept in the pantry—we had it out that morning to clean it—I can swear to these pieces of spoon—this spoon was on the salt-cellar on that morning, on the shelf in the pantry—a person who was cleaning the pantry could reach it if they chose—anyone could have
seen it—it was the only one that was left out for breakfast that morning—he was cleaning about half-past 7, and went away about twenty minutes to—I saw it safe at half-put 8, and then I went up into my master's room left him—I missed the spoon on the same day—there is the crest and the Government stamp on it by which I can identify it—the value of it about 4s.; the crest makes some odds—it belongs to my master Rose Lambe Price.
COURT. Q. How many of you were cleaning that plate that day? A. Two; I and another servant—the other is not here, he is at Woolwich—I do not know whether, if anyone wanted a spoon, they could get a better than that—I had all the plate cleaned, and as soon as it is all cleaned went it up—this was cleaned in the pantry—marines were not going in and out,—the others are not allowed to go in there—I did not lock it when I went out, because I left the man in there.
Prisoner's Defence. I picked up the spoon in the street, coming on the road from the barracks.
NOT GUILTY .
Before Mr. Baron Martin.
363. ROBERT JONES (26), was indicted for feloniously breaking and entering the dwelling-house of Jacob Morris Harris, and others, and stealing therein 400 lbs. weight of flannel rags, their property. (See Second Sessions, page 210.)
MR. F. H. LEWIS conducted the Prosecution.
JACOB MORRIS HARRIS . I am in partnership with my father and brother, as rag merchants, at 1, Barrou's-place, Waterloo-road—we had two persons in our service, named Johnson and Rowlands; Johnson as foreman, and Rowlands as carman—I believe the prisoner is Johnson's brother-in-law—on 29th November, last year, I marked three or four bags, containing rags; and on the 30th I secreted myself in the warehouse, with my brother and a policeman, between 6 and 7 in the evening—while there I heard the window of a house, occupied by our foreman, open, and immediately afterwards heard some footsteps on the roof of the warehouse—I then saw some laths, which form part of the roof, removed, and two men enter the warehouse, and come down the ladder—I likewise heard a third party on the tiles at the time—I then saw the two persons who had entered the warehouse lift up some bags, and pass them through an aperture on to the roof—they were rolled along the tiles, and I heard them fall into a fore-court in front of Johnson's house—I then, with my brother and the policeman, ran out to endeavour to secure the parties—I saw a van, at the entrance of the fore-court, laden with rags; and as I ran out into the street, I saw three persons run from the van, and a fourth person turned back into the fore-court—I then ran down the street, and saw Johnson in the custody of my brother—I returned and took Rowlands into custody; and saw Baldwin, the third man, in the custody of the policeman—the fourth man, who I believe to be the prisoner, I could not distinguish, and he got away—we prosecuted the other three men, and they were convicted here at the January Session.
SIMEON MORRIS HARRIS . About 7 o'clock on the evening of the robbery I recollect leaving the warehouse and seeing a van at the door—I saw the prisoner in the act of running away from the van; he ran down the street and ran away—I was not able to catch him—I ran after him and Johnson;
caught Johnson—as we opened the warehouse door some one got off the ran, and then I saw the prisoner running from the van, on the off side.
Cross-examined by MR. COOPER. Q. Was the van standing in the open street? A. Yes—there was a name on the van—I now know it wan a hired ran.
Cross-examined. Q. He had hired vans of you before, had he not? A. Vans and carts—he did not say what he wanted it for—I have known him about two years—he is a general dealer—I have known no otherwise of him than a good character.
JOHN GORMAN . I live at 14, Black friars-road—I sometimes work for the prosecutors—I recollect being outside their warehouse one Saturday, and Bob Jones asked me to go with him to fetch a van—I went with him to Mr. Groves, and then to the prosecutor's warehouse—they were going to take some rags away—there was Baldwin, Johnson, Rowlands, and the prisoner—the prisoner was piling the rags up on the van—I saw Mr. Harris come out of the warehouse, and the men all ran away; three were caught, and the prisoner got away.
Cross-examined. Q. Did he not tell you he was going for some wet rags? A. Yes; that he had brought from the dust-yard—I went with him to where the rags were—he did not tell me to say nothing about it, or keep it a secret—I saw it all—a great number of persons were walking about in the street at the time—a great many passed while the rags were being loaded—I saw policemen among them—I did not see any near the place when the rags were being taken.
HENRY MORTON (Policeman, 63 L). I was secreted in Messrs. Harris's premises—when I came out I saw the prisoner run away from the van—nothing had been said to him before he ran away—we all rushed out together, and on my seising one of them the other three ran away—I have been looking for the prisoner ever since—I took him into custody last Monday week in Spitalfields.
Cross-examined. Q. Was not that near where he lived? A. Within about 150 yards—I had not heard, till that night, that he lived there.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the Jury, believing him to be led into it
by others.— Confined Nine Months
MESSRS. METCALFE and BESLEY conducted the Prosecution.
WILLIAM JOHN ASKEW . I live at 1, Norfolk-place, Church-road, Lambeth, and have been in the employ of Messrs. Barclay, tanners, of 13, Richardson-street, Long-lane, Bermondsey—I know the premises of a man named Boston, at the back of Mr. Barclay's; the premises join each other—I first saw the prisoner at Boston's house in the middle of last summer, but had no conversation with him then—I saw him again at his own house, and took him some skins which I stole from Mr. Barclay—I did not get any money for them, from the prisoner, the first time—he said that I might bring as many as I liked, and the next time I came he would settle with me, and would give me two shillings to half-a-crown a skin—he is a shoemaker, and lives at 2, Parker-street, Drury-lane—I took him skins at other times,
sometimes two, sometimes three, and sometimes four, from sixteen to eighteen in all; and there were two to be off for a pair of boots, which made it eighteen or twenty—all those skins were obtained in the same way as the first—I have also delivered them to his apprentice—he said that be was going into the country, and there would be some one at home to receive them.
Cross-examined by MR. RIBTON. Q. How long ago was this? A. I cannot say—I had the interview with the prisoner about a month after Whitsuntide, or it may be two or three months—it is not more than twelve months ago—I was taken in custody for stealing the skins, and when they made me a witness they let me out
MR. BESLEY. Q. Can you tell us the last time you delivered skins there? A. The Monday before I was taken in custody.
GEORGE HOLMES (Policeman, 252 M). Askew spoke to me at the station-house, and, in consequenoe of what he said, I took a cab and went with him to Parker-street, Drury-lane, where he pointed out the prisoner's house—the prisoner was not there, and I afterwards found him at a public-house in the same street—I told him we had got a youth, named Askew, in cutody for stealing skins from Mr. Barclay, who said that he had received a quantity of them, and asked him if he had any objection to my searching his house—he said he had not—I went to his house, and he said, "I will show you my cutting-room, and where I keep my leather"—I went up into the cutting-room and searched it, but found no skins there at all—I said, "Askew tells me I shall find those skins which he sold you last Saturday night in the middle room; which is your middle room?"—he said, "This if the middle room, but you will not find anything here"—I said, "Where is the key?"—he said, "My wife has it, and she is out—I said, "Well, I must have it, and search it"—after the lapse of five minutes he found the key in the bottom room, and I went into the room, and on a shelf I found five skins and a piece, which I produce—I said, "Where did you get there from?"—he said, "I bought them from the stout Mr. Barclay"—I told him I should take him in custody for receiving them, knowing them to be stolen—he said, "Very well, you will find that to be correct; that I bought them of Mr. Barclay, the stout one"—I waited about ten minutes in the bottom room for my brother constable to come, and during that time Boston's daughter came and said that she wanted to convey a message to Mr. Robinson; but when she saw me she went away and did not say anything.
Cross-examined by MR. RIBTON. Q. Did you find a good many other skins? A. No kid skins, there were two or three goat skins—there were no sheep skins, and only a few scraps of leather—I did not find a dozen sheep skins and throw them down in a corner.
THOMAS JOHNSON . I live at 58 1/2, Hatton-garden, and know the prisoner—I have been to his place—I never saw Askew there, except on the Monday night when he brought me the skins between 8 and 9 o'clock—that was the Monday night before the prisoner was taken in custody—Robinson was not in the house at the time Askew came, he was in the country—I was sitting by the fire ready to go to bed—I am not an apprentice, I was only working for Robinson—I turned the skins out on the bank, took them into the second floor, and gave him the wrapper—he said that they were for Mr. Robinson—Robinson had said nothing to me before that, about the skins coming, nor did he say anything when he came back—I did not show them to him—he came home while I had gone to tea, and I found him at home when I came back—I took in the skins because Askew told me that they were for
MR. ROBINSON—I told Robinson that a boy had brought a bundle which I had put up stairs—he said, "Oh!"
GEORGE RITCHIE . I am a leather-dresser, working for Messrs. Barclay—Askew also worked there—I saw a hole in the premises, which had been made at the back of Mr. Boston's place, big enough for skins to be taken through—I have looked at these skins (produced) and believe they are Messrs. Barclay's—there are none of my marks on them—one is marked, but it has been marked since—I find marks on them, which enable me to say that they are Messrs. Barclay's property—the man who is in the service now makes the same marks.
Cross-examined. Q. Do you say that they are Mr. Barclay's? A. Yes; they are the sort of skins that he sells—a great many of them are sold—here is one marked No. 8—I cannot say whether these were sold or not.
BENJAMIN EPHRAIM ROBERTS . I am in Messrs. Barclay's employment—I find my mark on this skin, but it has been tampered with since it left my hands—it has been Messrs. Barclay's property—it has also the mark of other men who I could produce—these skins go through two or three processes, and we each put a mark.
Cross-examined. Q. Is it one of Mr. Barclay's? A. Yes; I do not know whether he has sold it—the mark is No. 8, but it has been tampered with—the "8" is here, but it has had another kind of ink placed over it, and a "1" put on each side of it—I put the 8 on myself—it is the practice for every person in the firm to put a different mark to another—I am the only workman in that firm that puts 8—other firms mark in a different manner—I know the eight by the tail at the end.
MR. METCALFE. Q. Is yours a plain 8? A. Yes; but the "1's" have been added since.
JOHN BARCLAY . I am a currier, in partnership with James Barclay—I have sold skins to Robinson, but never sold him six skins such as these—I have sold him Metnel goats and a few enamelled horse shanks, but nothing of this description—I find my men's mark on them, and believe them to be my goods—they are worth 84s. a dozen.
Cross-examined. Q. Is there another Mr. Barclay? A. Yes—I do not khow whether I am the stout Mr. Barclay—I have sold the prisoner two lots of skins.
Cross-examined. Q. Is there another Mr. Barclay? A. Yes—he is not stouter than me—the clerks and foremen do not sell—my son, who has just gone down, is the only person who sells.
MR. METCALFE. Q. Does the gentleman who is not here, attend to the cash? A. Yes—these are Irish skins, but we manufacture them in England.
THE COURT was of opinion that there was no eonfirmation of Askew, except on to the five skins found at the prisoner's house, and as those were delivered in the prisoner's absence, there was clearly no receipt by him.
NOT GUILTY .
MESSRS. METCALFE and BESLEY conducted the Prosecution.
WILLAM JOHN ASKEW . I am in the employment of Messrs. Barclay—I became acquainted with the prisoner by Mr. Boston's introduction—I went with him on Sunday morning to take some books to Mr. Knight, a shoe-maker in Clare-market—the shop was closed, and I saw Mr. Knight come
out of it—we had some beer together, and got into conversation, which was all jokes, larking one with the other—nothing was said in relation to the skins—on another occasion I saw Knight and received 9s. from him for four skins, which I stole from Mr. Barclay's—I was going to take them to Mr. Robinson's; but I was passing Mr. Knight's shop, and he stopped me, and said, "What have you got there?"—I told him I had got some skins—he said Mr. Boston has made it all right, you can bnng as many as you like, and the money will always be ready—he bought the skins of me, and gave me 9s. for them—I gave them to him in his own shop—I afterwards took three more skins to him—he did not give me any more money, but promised to settle with me next time I came.
Cross-examined by MR. MCDONNELL. Q. What was the date when you went with Boston to Knight's house? A. I cannot say—I do not remember Boston telling the prisoner, in my presence, that he had begun to deal in these things for himself—nothing of the sort—I heard no conversation about skins while I was there—I was there all the time Boston and the prisoner were together—I cannot say whether I heard all the conversation that passed, I went out two or three times—when I saw Knight on the second occasion, and he gave me 9s. I was by myself; and he told me that Boston told him, he knew a young man who could get skins cheap; and asked me if I was the young man and I said, "Yes"—I did not tell Knight that I had begun business; nothing of the sort—I am a dealer in leather.
GARRETT MUNROE PEARCE (Policeman, M 39). On Saturday, 1st Febraury, I went to the prisoner's house, in Clare-market—he was in his shop—I was in plain clothes, but I had a sergeant iu uniforn with me—I told him I was a police-constable, and asked him if he had recently bought any calf skins of Askew, who was a prisoner and was with me—he said, "No "—Bostons's wife, who was there, struck Askew across the face, and called him a traitor—I asked him if he had any objection to my searching his house—he said that he had not—I went up stairs, accompanied by the prisoner's wife, searched the place, but found nothing—when I came down stairs, he said, "I did; I purchased nine skins from Askew at different times"—I asked him where they were—he said they were at the Commercial-road, Whitechapel, at a baker's shop—I said that he had better accompany me there, which he did—he said, "I must thank Boston for this; he introduced Askew to me; I paid him 4s. a skin for them"—I went to Whitechapel, and found the nine skins at Windsor's, a baker's there—these are them (produced).
Cross-examined. Q. Immediately you got in, did Boston's wife follow you? A. Almost directly; I took a cab, and drove very hard from Bermondsey, and she must have taken another—I told him so when I went in—a sergeant of the F division was with me in uniform—I first told the prisoner I was a police-constable, and then asked him if he had purchased any skins from Askew recently—he volunteered this statement to me, when I came down—I took him to the bakers in a cab—he afforded me every facility to arrive at the truth—he said, "I must thank Boston for this; it was he who introduced Askew to me"—Askew said nothing.
MR. METCALFE. Q. Had you seen Mr. Boston before? A. Yes; at Boston's house, Long-lane; and then I drove to the prisoner's house, and found his wife there.
FREDERICK RANGER . I am a baker, of Whitechapel—I know Knight—I delivered to the policeman, when he came, a parcel done up in paper, which I received from Knight last Friday four weeks—they were left at my house the last day of January—I have knowu him a long while, and he left
these, and said he should call for them again on Tuesday, at the party who was going to buy them, was not at home, and it was not worth while taking them back.
Cross-examined. Q. How long have you known him? A. Ever since he was a child—he once left a carpet bag at my house, when he was out on business.
GEORGE RITCHER . I am a leather-dresser in the service of Messrs. Barclay—one of these skins has my mark on it—the others are all marked by our workmen, and I believe them to be Messrs. Barclay's skins.
Cross-examined. Q. Do imitation skins occasionally reach the prioe of 4s.? A. Yes; and 7s.
The prisoner received a good character.
GUILTY .— Confined Nine Months.
MESSRS. METCALFE and BESLEY, for the prosecution, offered no evidence against the prisonerse, there being no confirmation of the approver.
NOT GUILTY .
Before Mr. Recorder.
367. CHARLES RICHARD FROGGART (21) , Forging and uttering the endorsement to a bill of exchange for 65l. 1s. 7d., with intent to defraud; also, embezzling the sums of 55l., 85l., and 4l.; also, 100l., 65l., and 101l. 16s., the moneys of Percy Bicknell and others, his masters; to all which he
PLEADED GUILTY .
Recommended to mercy by the prosecutors on account of his youth and previous good character.— Four Year's Penal Servitude.
368. WILLIAM BROWN (32), was indicted for unlawfully obtaining by false pretences, 1s., the money of John Augustus Thomas McGregor Croft, with intent to defraud. Second Count, assaulting John Saffell, a constable, in the execution of his duty.
MR. ORRIDGE conducted the Prosecution
JOHN SAFFELL (Policeman, V 192). On Saturday, 1st February, I apprehended the prisoner in the Crescent-grove, Clapham-road, not on this charge—on searching him I found this certificate; I took it from him, and showed it to him—he said it was his discharge in 1859—(This certified that sergeant William Brown, born at Cheltenham, was enlisted in the 59th regiment on ith May, 1847, at the age of eighteen; that he had served twelve years and two hundred and ten days, and was discharged, in comequence of disability, not being fit for further service; dated Table Bay, 14th October, 1859; character very good. Signed H. H. Graham)—I was in plain clothes at the time—when I endeavoured to take him he struck me in the chest; I still held to him; we both rolled together in the mud, and I had all my knuckles nearly knocked to pieces; he was very violent—I told him I was a police-constable, and I should take him into custody for begging of gentleman—he said, "Do you think I am a b—fool; you have been watching me for some time"—in the struggle a gentleman came up, and asked what was the matter—I told him the prisoner had been begging—the prisoner said "I did not"—the gentleman said, "You did, for I am one of the
gentleman you stopped," and he gave me his card—some cabman came up at the same time, and they said they had known him about there for some time.
Prisoner. Q. Did you hear me beg of any gentleman? A. I saw you follow several gentlemen up—I did not hear what you said—I had received some information upon which I acted.
JOHN AUGUSTUS THOMAS MCGREGOR CROFT . I am a physician, in Abbey-road, St. John's-wood—about the end of June last, the prisoner came to me, my servant came and informed me that Sergeant Brown, of the 59th regiment, wished to see me—I immediately went to the outer door, and saw the prisoner—he stated that he was a discharged Sergeant Brown, and that he recognised me as the medical officer of the 59th rifles—I had a recollection of most of the men, and I listened to him—he stated that he was in bad health, and could I afford him some assistance—I aaked how he came to leave the regiment, and asked him for his discharge—he produced this document, and, recognising the name of Colonel Graham, whom I personally knew, and the character being good, I sympathised with the man, and gave him a shilling, suggesting that he should go to Colonel Graham for further assistance; and I myself wrote to Colonel Graham—the prisoner came to me again in November—I asked him if he bad been to Colonel Graham—he said no, and I would not assist him further—I had previously received a communication from Colonel Graham—I gave the shilling on the strength of that certificate, the character being stated to be very good, and that he was a discharged soldier of the regiment that I had been in some degree associated with.
Prisoner. Q. You say it was in June that I called? A. As far as I can recollect, it was—it was in the evening after dinner; the lamps were lighted—I said I thought I recognised your face—I told you when you called agin that I had written to Colonel Graham, and read Colonel Graham's letter to you.
HENRY HOPE GRAHAM . I live at 9, Holies-street, Cavendiah-square—I was formerly the Colonel commanding the 59th regiment—I ceased to be so on 30th June, 1860, but I left the corps at the Cape of Good Hope, as leave of absence, on 23d July, 1859, and I have not seen the regiment since—this certificate was not written by me—I had left the Cape before 14th October, 59, when it purports to be dated—I remember the prisoner is the regiment—he served under the name of Hayes—he was never a non-commissioned officer—the character he bore was very bad.
Prisoner. I throw myself on the mercy of the Court.
GUILTY .— Confined Eight Months.
Before Robert Malcolm Kerr, Esq.
369. RICHARD WHITTINGTON (35) , Stealing 1 sack of barley, I sack of oats, and 1 sack of linseed, the property of Joseph Kitchen and others, his masters, and JOSEPH EDWARDS (27), and JAMES SMITH (27) , Feloniously receiving the same.
MR. GIFFARD conducted the Prosecution.
JOSEPH KITCHING . I carry on business in the Blackfriars-road, with my partners—our counting-house faces the Blackfriars-road; the mill is at the back, and there is a side entrance—a cart going to the premises would have to go up Church-street, and in at the side entranoe—Whittington was in our service in February, as delivery foreman—when persons come for goods they first come to the shop, tell us what they want, I show them the
goods they say what amount they require, and I make out the invoice—if the goods are in stock I make out a ticket, as we deliver all stock from the mill; I then take or send a ticket into the mill, to the foreman, Whittington, and it is his duty to shoot the goods from our sacks into the buyer's sacks—the linseed is kept at the top of the mill; not on the same floor as the barley meal—on 21st February, Smith came to me and said that he wanted these goods—I made out an invoice, and this delivery order (produced)—he wanted a quarter of oats, and found, after I had made out the invoice, that he had not sufficient money to pay for them; and I at once altered the invoice to half a quarter, as it now is—I put that in both the invoice and the order—Smith told me that he came from Mr. Smith, of Clapham, a commercial traveller—he paid me about 2l.—the goods put into the cart were worth about three guineas, in addition to what he paid for.
Cross-examined by MR. LEWIS. (For Whittington). Q. How many sacks would there be for the order which was paid for? A. Six—a quarter of bran is sixteen bushels; that could have been put into four sacks, but it was put into three—it is generally put into two sacks, but these were five bushel sackes, and by shaking it down you can get it in—if they did not shake it down there must have been a fourth sack—I think the shute which draws up the sacks was broken—I am not sure whether it had been mended then or not—the sacks would not in consequence of that, be all mixed together—they would be put together for the occasion, as they were wanted—the sacks were not kept ready filled during the time the shute was broken, because they had to be shot into the buyer's sacks—it was not the custom for purchaser's sacks to be brought and kept full, ready to be sent cut, and afterwards our own sacks sent out with the goods.
Cross-examined by MR. PATER (for Edwards). Q. I understand that some document is lost; what is that? A. The piece of paper handed to me by Smith—he did not speak to me to tell me what he wanted, but handed me a paper—when I was saying what he asked for, I was giving the effect of that document—he handed me the paper, and I understood by that that he wanted the goods—I asked him if he wanted them, and he said, "Yes "—I have no independent recollection of what was upon the order except what I see by the delivery order—we had a thorough search for the paper after the second examination at the police-court—we usually file the documents, but I have no recollection of filing this—I cannot tell you two or three other orders on that day, though I had orders in writing from other customers—I recollect this, because I suspected Smith when he went round, and that fixed it in my memory—I had not seen him before, but I believe he had been there—the customer's sacks are not of an invariable size—according to the size of the sacks would be the number to contain the articles—this is the original, which I passed on to the back of the shop—they have pulled down the houses at the back of our shop for a railway, but there were no men at work there at that time—there were no works going on near Church-street to my knowledge—after I had made out this ticket I prefixed these small figures, 1 and 2; that is how I turned it into a half—I do not think it possible for a person to read it I and a 1/2—there would be another I wanted for that.
Cross-examined by MR. THOMPSON. (For Smith). Q. Did Smith present a written order for certain goods? A. Yes, which I cannot find—I took the ticket to the foreman; I did not send it—two or three other persons serve in the shop; but I was there alone, as it was dinner time, and the others were away—it was about half-past 1 o'clock—this was a ready money transaction
—I have not inserted the name of the customer on the bill; there is a blank left—we make no entry of ready money transactions in our books, and we do not care what name the customer gives so long as we have the money.
MR. GIFFARD. Q. Would the foreman have any right to deliver without an order made out by you, or some one in the shop? A. No; he would not deliver, upon the paper which is lost—Smith went round to the mill at about a quarter to 2 o'clock, and one of the detectives came back to me about 3, so that I remembered the order Smith gave.
COURT. Q. Did you deliver the order personally to Whittington? A. Yes; I saw no one else there, the others had gone to dinner—I had seen two go to dinner out of the three, and when I gave Whittington the order I asked him whether he was alone, and he told me he was.
GEORGE HOLMES (Inspector, M 252). I am a detective officer—on Friday, 21st February, I was watching the prosecutor's premises, and saw a cart, driven by Smith, draw up to the front—I saw Smith go in, and afterwards come out, and take the cart round to the side entrance in Church-street—I then noticed that the cart was empty—it remained at the side entrance in Church-street from half an hour to an hour, during which time I passed several times, and saw Smith and Whittington loading it—I was in plain clothes—I saw the cart move out, and counted either eight or nine sacks in it—Smith was driving it at a rapid speed, and I followed in a cab, through the back turnings, and never lost sight of it till it reached the prisoner Edwards' premises, in the New Kent-road—Edwards came out and spoke to Smith for a minute or so—Smith then commenced unloading as fast as he could—I saw Edwards assist him with three sacks on to a shelf at the side of his shop—he dropped two of them on the floor, and when Smith was taking the sixth sack from the cart, I went to him and told him I was a police-constable, and that I should take him in custody for being concerned with his master in stealing a quantity of corn from Messrs. Edwards, in the Blackfriar's road—I asked him how many sacks he brought from there—he said he did not know exactly, seven or nine—I took him into the shop, and saw that one of the sacks, which was put on the shelf, had straw sticking in a hole in it, and there was linseed escaping from it—I sent Smith by a constable of the P division to the station, and I took Edwards to the station, when he said, "I know the order I gave to my carman"—I said, "What was it?"—(I am looking at a memorandum I made at the time)—he said, "a quarter of oats, a quarter of bran, half a quarter of beans, and a sack of meal"—I said that I would write it down, and I did so; this is it—that is all that passed.
Cross-examined by MR. PATER. Q. Do you know the prosecutor's premises? A. Yes—I believe they let down the goods from a loop hole—there is a crane there which lifts to three or four windows—I am not certain whether it will lift to the top floor; I do not believe it does, but I know it does to the first and second.
COURT to JOSEPH KITCHEN. Q. How many floors does the crane lift to? A. To three floors, and the linseed would be drawn up by another chain to the top floor.
MR. PATER to GEORGE HOLMES. Q. Had you any means of distinguishing one sack from another, while they were in the cart? A. I can only say that one sack which I saw in the cart, was the same which I saw on the bank—it was much shorter than the others; but, leaving out the linseed, I could not identify one sack from another from the casual glance I had—it is not the
fact that the prisoner Edwards was present, as the sacks were being delivered at the prosecutor's warehouse—Smith was there, and his name is Edwards; they are two brothers; we have got proof of that—in Edward's shop, Smith tunred his back to the shelf, and Edwards assisted him up with them—the shelf was not full, and I do not know the reason that the others were put on the ground, but he let them slip off his shoulder on to the floor.
Cross-examined by MR. THOMPSON. Q. You say that you saw the cart drive to the side entrance? A. Yes; the gates were open—Smith did not remain in the cart; I saw him at the first-floor loop hole with Whittington—he removed a portion of the sacks into the cart.
MR. GIFFARD. Q. Why do you name the furthest man Smith? A. Because he gave that name at the station, and represented himself as Smith.
COURT. Q. You were aware what goods ought to have been in the cart, had you seen Kitchen? A. Yes; after the cart was driven round to the side entrance—I had never watched the premises before; it was in consequence of an anonymous letter.
GARRETT MONROE PEARCE (Policeman, M 59). I was with Holmes, in plain clothes, watching the prosecutor's premises—I saw the linseed sack in Edward's shop—the linseed was coming through a hole, into which some straw was put—I followed the cart with Holmes—Edwards was near enough to see the linseed pouring out of the hole—Edwards told me that he had kept the shop about six weeks, but I knew that myself.
Cross-examined by MR. LEWIS. Q. Was it you who took Whittington in custody? A. Yes—he afterwards said that if there was an improper number of sacks it was a mistake, and he only had the number of sacks in the order which Mr. Kitchen sent to him.
MR. GIFFARD. Q. Was there anything else said? A. After taking Edwards to the station I went to Mr. Kitchen's premises, and told him what the result was; that we had succeeded in apprehending them, and he had better send for the foreman—he did so, and I told Whittington who and what I was; and Mr. Kitchen said, "Have you loaded that cart for that Mr. Edwards?"—he said, "I did"—I asked him how many sacks he had put in—he said, "I put in what was in your order"—Mr. Kitchen then produced the order, and said, "Is this it?"—he said, "Yes"—Mr. Kitchen said, "Are you sure this is all you have put in?"—he said that he was—I then told him I had two parties in custody; that I watched the cart from the prosecutor's premises, and there were nine sacks in it instead of six—he said that he could not account for that—I said, "Surely, you cannot make a mistake between six and nine sacks"—he said that if they were there it was a mistake—I then took him to the station.
COURT. Q. You said in your examination in chief, "Edwards told me that he had kept the shop about six weeks; I knew that;" when had you a conversation with him? A. Before that—Holmes was outside with Smith when I went in—I asked Edwards for the five sacks which were brought into his house—he said that there were no sacks brought into his place; neither did he see his carman that day; and I then pointed to the five sacks; three stood inside, behind the two—three of them had fresh wheel marks on them; dirt from the wheel in taking them out—he then said, "What sacks I have they are now in my cart outside the door"—I said, "Then what about these five?"—he then admitted that they were the five sacks received from Smith, and I gave him into Holmes' custody, went to Mr. Edward's place, and took Whittington—he said nothing to me when I told him the charge, because I left directly—I do not know what he said to Holmes.
Cross-examined by MR. PATER. Q. Had you seen the sacks taken in? A. Yes; from the cab—Holmes may have been in the shop during part of the conversation, but I do not think he heard it—it took place in less than a minute—I asked him where they were, because there were other sacks besides those five—I asked him where they were, though I had seen them taken in, because I wanted to see what he would say—I did not want to catch him—Mr. Lewis put that expression to me on a former occasion, and I said that if I was watching a thief, I liked to catch him if I could—after some discussion, it ended in his admitting that these were the sacks—I did not want any information.
Cross-examined by MR. THOMPSON. Q. Was the name of Edwards on the cart? A. No; I swear it was not—there was a sort of a chalk mark on one side—I looked on both sides—I think the chalk mark was on the right side, but will not swear—I dare say I looked at the front, there was no name there that I could see—I will not swear that I looked in the front—something had been written with chalk, and rubbed out—nobody could discern it.
Cross-examined by MR. PATER. Q. The middle man you know as Joseph Edwards? A. Yes—for the first thirteen years of the nineteen, he was in my employment—he is honest to a degree, and industrious, and truthful—I have engaged him as a carman to fetch me considerable quantities of foreign wood from the docks—I have known him since he left me, and have had opportunities of testing his character by counting my stock and weighing it over by the delivery note.
Cross-examined by MR. THOMPSON. Q. Are these (produced) the delivery notes from the docks for your goods? A. Yes; they form a great portion of what I have at home—James Edwards did not officiate as driver for me; but he was in business with Joseph as carman—the name of Edwards was distinctly painted on the carts that came to my place—I have heard of James taking the name of Smith in this affair—I do not know whether that was because he was in a menial position.
MR. GIFFARD. Did you see the cart that went to Mr. Edwards, at the corner of the Old Kent-road? No; I know nothing of that transaction.
MR. THOMPSON contended that Smith was not charged with stealing, and that there was no evidence against him of receiving; that if he was guilty of anything, it was stealing, as he was in the warehouse with Whittington assisting in taking the goods. MR. GIFFARD submitted that it had been decided that if it was proved that a man did not receive, but only stole, he might likewise be convicted of receiving. THE COURT would not stop the case, but would reserre the point if upon reflection it became necessary.
Smith and Edwards received good characters.
WHITTINGTON— GUILTY — Three Years' Penal Servitude.
EDWARDS and SMITH— GUILTY .—Recommended to mercy by the Jury.—EDWARDS— Three Years' Penal Servitude.
SMITH— Confined Twelve Months.
Before Mr. Common Serjeant.
he was also charged on three other indictments, with similar offences; to all which he
PLEADED GUILTY .
MR. GIFFARD, for the protecution, stated that the sums in the indictments amounted to £30 or £40, but that the offences extended over four or five years, and amounted to £300.
Recommended to mercy by the prosecutors, in consequence of his previous good
character.— Confined Fifteen Months
MAC CARTHY and MURRAY PLEADED GUILTY**.—
Three Years Penal Servitude, each.
MESSRS. POLAND and UNDERDOWN conducted the Prosecution.
JAMES BRANNAN . On 20th February last, I went to the Windmill public-house, in the New-cut, Lambeth, about half-past 6 in the evening, accompanied by other officers—on entering I saw the prisoner Mac Carthy behind the bar, and Murray standing against a post which is in front of the bar—on Mac Carthy turning round and seeing me, he put his left hand in his trousers pocket, took from it this bag (produced), and attempted to stuff it down the hole where the pipe leads from the bar to the cellar—at that time Murray rushed forward, and took from his right-hand coat pocket a bag, and attempted to stuff it down the same place—I called Inspector Bryant's attention to it—he picked up the bag, and I picked up Mac Carthy's bag—when I saw him putting it down behind, I seized him by the collar and attempted to pull him away—he had an iron wrench in his hand, and he held it up in a menacing attitude—it was an iron wrench for screwing nuts, about 4lb. weight—he said, "You see I am at work for this man, Mr. Brannan," meaning the barman, who stood close by—I said, "Oh yes, Mr. Mac Carthy, I see the work you are at; you were endeavouring to stuff this bag down the hole"—while I was struggling with Mac Carthy, I heard two packets drop on the floor—I looked round and saw Matthews standing close by, with her baby in her arms, with her left arm under its clothes; and from under the baby's clothes fell this packet (produced), which contains ten counterfeit shillings—they were all separately wrapped up, as were all the other packets—in the bag which Mac Carthy had, there were three packets containing ten counterfeit shillings, each separately wrapped in paper—I then said to Murray and Mac Carthy, in the hearing of Matthews, that I had received instructions from the Solicitor of the Mint, to look after them as dealing largely in counterfeit coin—Mac Carthy answered, "I dare say you think yourself very clever for an Irishman; that woman is innocent," meaning Matthews—the prisoners were secured, and taken to the station—I also picked up two more packets containing ten shillings each, close to where Matthews stood, but I could not swear that she dropped them—I heard two fall.
Matthews. Q. Was I near Mac Carthy? A. I should think you were about three and a half or four feet from him; standing close to him when the struggle took place between him and me—at first you were sitting down, and you immediately sprang to your feet when I went in—you were both standing near Mac Carthy—I did not pick up any money immediately you dropped it, because I was struggling with Mac Carthy; nor did any other officer; it was on the ground before me—I picked up some, in your presence,
near you—the two packets I heard drop I picked up, and the third packet which I saw drop from your child's clothes.
BENJAMIN BRYANT (Police-inspector G). I accompanied Mr. Brannan on 20th February—I saw Murray stoop down in front of the bar, and put a small leather bag there—he put it down a hole where Mac Carthy had put a bag, but neither of them went through—I took this leather bag (produced) from there—it contains two packets of counterfeit florins; nine in each; separately wrapped in paper.
Matthews. Q. Did you see me drop the shilling? A. No.
WILLIAM WEBSTER . Here are three packets of ten counterfeit shillings each, of the dates 1849, 1853, and 1856, and there are several from each of those moulds—they are from Mac Carthy's bag, and are all bad—in this packet which fell from Matthews, there are ten of 1849, 1853, and 1856; several from each of the moulds of those dates, and also from the same moulds as those of Mac Carthy—there are also two packets of shillings which were found on the floor, of the same dates and moulds—there is a seperate shilling of 1845, also found on the floor—that is bad—there are three shillings said to have dropped from Murray, of 1853, and from the same mould as one of Mac Carthy's—there are two packets of florins, all of which are bad.
ARTHUR ELLIOTT (Police-sergeant, G 13). I was present on this occasion at the Windmill, and saw several packets drop from Matthews; I then seized her and saw Mr. Brannan pick up two packets, and I saw also a loose shilling fall from the child's clothes which she had got.
Matthews. Q. Did you pick it up when you saw me drop it? A. I did not pick it up again because there was a man trying to push between you and me—I saw Mr. Brannan pick up the two packets, and Inspector Young pick up the loose shilling.
Matthews' Defence. I am quite innocent of what I am accused of. I know nothing at all of it. I never dropped any coin.
GUILTY . *— Confined Eighteen Months.
MR. POLAND conducted the Prosecution.
THOMAS MALCOLMSON DONOHUE . I am a surgeon, and carry on business at 2, Westminster-road—on Saturday, 15th February, the prisoner came into my shop and asked for a cake of Windsor soap—I, being on the other side of the counter, took it out of a glass case, gave it to my son, he gave it to her, and she gave him in payment a florin—he brought it round to me, I examined it, and found it was bad—I took a pair of ordinary scissors and cut it in two pieces—I said to the prisoner, "This is a bad one"—she said, "Oh, is it," and tendered a shilling which I found to be bad also—I broke that also, and said, "This is bad too"—I then sent for a policeman and gave the pieces of the shilling and florin to him, and the prisoner into custody—when she went down to the station she said she got them from some gentleman; she gave no name.
two pieces of a shilling—the female searcher found on the prisoner a cake of soap and a packet of violet powder—I was present afterwards when they were produced—they were given back to her—she gave an address at the station, No. 2, James-street—I went there and could not hear anything of her—she it was a mistake, and I went to No. 1, but could hear nothing about her.
Prisoner's Defence. I am an unfortunate girl; I met with this gentleman a fortnight ago last Saturday, and he gave me the money; I did not know it was bad; I should not have offered the shilling had I known it was bad. I was never in trouble before.
NOT GUILTY .
MESSRS. POLAND and BESLEY conducted the Prosecution.
WALTER PRITTY . I am eleven years old, and live near the Blackfriars-road, with my father and mother—on Saturday night, 15th February, I was near Christ's church, just about a quarter to eleven—the prisoner said, "Hi! will you go and get me two ounces of salts, and when you come back I will give you a penny"—he told me where to go, he pointed to a chemist's shop—I went there—before going he gave me a half-crown to pay for the salts—I went to the shop that he pointed out, and got them there—I gave the half-crown to Mr. Herbert, and he immediately told me it was bad—he asked me where I got it, and I told him that a man by the church gave it me—he gave me the salts—I went out, and Mr. Doughty told me to go on and his assistant would come—I did not see the prisoner directly I got into the street; it was about two minutes before I saw him, and then he came up and said, "Where's the salts and the change?"—I offered him the salts—he did not want it; but said, "Where's the change?"—and the gentleman came up, caught hold of him, and said, "Here's your change."
WILLIAM HERBERT . I am assistant to Mr. Doughty at 26, Blackfriars-road, a chemist's shop—on this Saturday night, the last witness came there for two ounces of salts, and gave me a half-crown—I found it was bad—I gave him the salts and kept the half-crown—I let him leave the shop with the salts—I went to the back door and then went into the Blackfriars-road—I saw the boy speak to the prisoner—I heard the prisoner ask for the change—upon that I laid hold of him, and said, "Here's your change"—I met Osborne, a constable, and gave the prisoner into his charge with the half-crown.
Prisoner. Q. How far were you from the boy when I came up? A. Close to him, standing by the church railing—our little shop-boy was with me.
GEORGE OSBORNE (Police-sergeant, L 13). This (produced) is the half-crown the last witness gave me—I took the prisoner in custody—he said he was not aware the half-crown was bad—I searched him and found two duplicates and an old knife—the duplicates were given up at the police-court.
Prisoner's Defence. I had been working at the London Docks, and had received 3s. 6d. for my work that day; at the corner of Christ's church a young man offered to sell me a vest for a shilling; I thought it was cheap and said I would have it; I handed him a half-crown, he put it in his pocket, and then pulled it out again, and said, "I have not got change." I said I would send that boy for change, and I went and asked him to go and
fetch me two ounces of salts, and I would give him a penny; he went and I stood talking to this young man at the corner, awaiting his retain; I saw him coming along by the church and the shopman and another boy with him. Had I known the half-crown to be bad, do you think I should be so foolish as to go direct up to the boy and ask for the salts and change? it stands to reason, if I had known the half-crown to be bad I should have made off as quick as possible. When the shopman laid hold of me I did not try in any way to get away from him, but I went back direct with him. I was searched at the shop, there was nothing more found on me, nor at the station-house, where I was stripped and searched again. Had I any more on me, or had I tried to pass another at another place, it might look something like guilt; as it is, a man may take a piece of money without knowing it to be bad I took 3s. 6d. at the docks, and to my misfortune the half-crown turned out to be a bad one.
He was further charged with having been before convicted in August, 1860, and sentenced to twelve months imprisonment; to which he
PLEADED GUILTY.— Four Years' Penal Servitude.
MESSRS. POLAND and BESLEY conducted the Prosecution.
RICHARD THOMAS REEKS . I keep a beer-shop at Norwood—on Friday, 17th January, I saw the prisoner at my bar—she came for half-a-pint of porter—she tendered a bad shilling—I took it up, bent it, and returned it to her, telling her it was bad—she left—I followed her into the street and noticed her stoop twice—she went into a public-house kept by Mr. Drewitt; she came out again and stooped down to her boot, and then went on again—I watched her till she went into Mr. Rivers' shop, in High-street—when she came out I went in, said something, and got a bad shilling from Mrs. Rivers—it was not the shilling that I had bent—I left it on the counter, and went out and called a policeman—I afterwards gave it to the policeman.
ELIZABETH ANN RIVERS . I am the wife of William Henry Rivers, and keep a shop at High-street, Lower Norwood—on Friday, 17th January, about half-past 5 in the afternoon, the prisoner came to our shop, purchased a pocket-handkerchief which was 3 3/4d. and gave a shilling—I gave her sixpence and 2 1/4 d. change, and put the shilling on the ledge of the till, apart from other money—the prisoner then left the shop, and Mr. Reeks came in and spoke to me—from what he said, I went to the till and found the shilling where I had placed it—I looked at it, found it was bad, and gave it to Mr. Reeks who laid it on the counter, and I gave it to the constable.
JAMES PARKER (Policeman, P 388). I saw the prisoner come out of Mr. Rivers' shop—she stooped down to her boot—I took her in charge—she said she did not know what she was going to be locked up for—I did not search her, but I was present when she was searched—on her was found 12s. 3d. in silver, 1 3/4d. in coppers, a pocket-handkerchief, four duplicate, a purse, a basket, and two keys—I heard her asked where she lived—she refused to give her address.
COURT. Q. Was her boot examined? A. Yes; there was nothing there.
Prisoner's Defence. I hare never been in the man's shop before, nor have I ever been here before.
GUILTY .— Confined Six Months.
MR. COOKE conducted the prosecution.
AUGUSTA MARY MORTLOOK . My father keeps the Durham-arms, at Kennington—on 18th February, between 9 and 10 o'clock, the prisoner came and asked for half a pint of beer, which came to 1d.—I served him and he gave me a shilling—I took it to my father in the coffee-room—I did not like the look of it—my father came back with me into the bar, and told the prisoner it was a bad one; and said, "Have you any more about you?"—he said, "No; I have only three-halfpence"—a constable was sent for, and he was given into custody with the bad shilling.
Cross-examined by MR. THOMPSON. Q. I believe you had never seen the man before? A. I have seen him somewhere before, but I cannot tell where.
THOMAS MORTLOCK . I am the landlord of the Durham Arms—my daughter brought me a shilling into the coffee-room—I saw it was bad, and went with her into the bar, and questioned the prisoner as to whether he had any more money about him, or any money of that kind—he said he had nothing but three halfpence in copper—I said it was a bad shilling—he said he did not know it was, he had taken it in selling some brooches during the day—I gave him in charge, with the shilling.
Cross-examined. Q. Do you know that he used to go about selling cheap jewellery? A. I do not—I have no knowledge of him before.
JAMES CHAPMAN (Policeman, L 183). The prisoner was given into my custody, on 18th February, by Mr. Mortlock, from whom I received this counterfeit shilling (produced)—on my way from Kennington-lane I heard something fall from his left side, and saw Hurd pick something up—he gave it to me—it was this bad shilling (produced)—the prisoner said he must have taken it in selling brooches—I found three halfpence on him.
Cross-examined. Q. How had you hold of the prisoner? A. Not at all—I was walking by his left side—I saw the coin fall, and heard it drop on the pavement—I said, at Lambeth police-court, I saw it going down, before it was on the pavement; about half-way up his leg—if it had been the sound that attracted me I should not have seen it till it had fallen—I have made inquiries about him—his previous conduct has been very good, from what I have heard.
THOMAS DAVID HURD . I am a hairdresser, at Vauxhall I—was in the Durham Arms on the evening of 18th February, and saw the prisoner given in custody—I followed him and the policeman down Kennington-lane—I saw something drop from the prisoner's pocket—I picked it up, found it to be a bad shilling, and gave it to the policeman.
Cross-examined. Q. How did it drop from his pocket? A. I do not know whether it dropped from his pocket, it was from his left side, from the direction of his pocket—I could not swear whether it was from his trousers or waistcoat pocket—I saw it fell on the pavement—I did not give it to the constable till I got to the station—the place where he dropped it is about half a mile from the station—I did not carry it for half a mile without giving any information—directly he dropped it I mentioned to the policeman that I had picked up a bad shilling, and he allowed me to carry it to the station—I have lived in my present residence two years.
MR. THOMPSON called
PHILIP WILLIAMS . I live at John-street, Waterloo-road, and am in the service of Messrs. Grant & Co., of Pilgrim-street, Ludgate-hill, printers—the prisoner was employed there for more than two years—he worked under me—he was always attentive—I had a character with him from Kronheim
& Co's. of Shoe-lane—I believe he was there about seven years—he was working at Grant's up to this time—he was in the habit of selling cheap jewellery—I have seen him sell pins and brooches to the men in the shop.
GUILTY .—Recommended to mercy in consequence of his previous good character.
Confined Three Months.
MESSRS. POLAND and BESLEY conducted the Prosecution.
ANN ASHTON . I am the wife of Adam Richard Ashton, and live at 1, Amelia street, Walworth—on Wednesday, 5th February, the prisoner came there and asked for two mutton chops—she gave me a half-crown—the chops came to eightpence—I gave her the change—as soon as she left the shop I discovered that it was bad—I put it away by itself—on 21st February she came again for two mutton chops—I recognised her—she offered a bad half-crown—I told her that I knew her, and said, "This is a bad half-crown that you have given me"—she said, "A bad one! it can't be a bad one"—I said, "I believe it is, but I will go to my neighbour and ask her"—I called Mrs. Bennet, a neighbour, and then I said to the prisoner, "Now, you are the person who came a short time ago, and called for two mutton chops, and gave a bad half-crown in payment"—she said that she was not, I was mistaken—I told her I was not mistaken—I am quite sure she was the person—I sent for a policeman and gave him the two half-crowns.
Prisoner. At the police-court you said you did not know me by my features or my dress. Witness. I said I knew you by your features; I did not say by your dress.
COURT. Q. Are you quite sure she is the person? A. Yes—I knew her directly she came in, before she spoke.
ALFRED MANSFIELD (Policeman, 312 P). The prisoner was given into my custody on 21st February—Mrs. Ashton gave me two half-crowns (produced)—the prisoner said she was an unfortunate girl, and that a gentleman gave her the half-crown—that was the last half-crown—she said that Mrs. Ashton was mistaken as to the first one.
COURT. Q. What was found on her? A. A porte monnaie, a pawnbroker's duplicate, and two brass brooches; no money.
Prisoner's Defence. I am innocent; I did not know it was a bad one. I went in for the two mutton chops; when I gave the half-crown to her she said it was bad, and accused me of having given her one on the Wednesday before, which I am innocent of.
GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Eighteen Months.
Before Mr. Recorder.
378. JAMES BRIGGS (43) , Feloniously receiving, on 6th September, 1861, 45 reams of glass paper, 25 reams of emery cloth, 200 lbs. of glue, 70 sheets of paper, and 70 printed labels, the property of John Oakey.
MESSRS. ROBINSON and TINDAL ATKINSON conducted the Prosecution.
Blackfriars-road—I have had occasion to look at the stock, to see whether we have any missing—I did that at the end of October—I found between 300 md 400 reams which I could not account for—I have seen the emery-cloth which is produced—it is worth about 25s. a ream—that is the invoice price—that is the way in which our paper is labelled when it leaves our place—the second quality cloth is 23s.; and the selling price of the glasspaper is 14s.—those are the wholesale prices—I did not know the prisoner till I saw him at the police-court—we had no account with him—I superintend the town department in the business—we have different sized figures for goods sent about town, and to the country—this paper (produced) will illustrate it; the small figures are the country, and the large ones are the town—we generally begin every month with one, for town, but the country numbers go all through the year—we have numbers in our books for town which run above 505—I have the books here—these are the town and country order books (produced)—in October the numbers went higher than 505—I have got August here—I made the entries myself in September—the highest in August was 590, and the other was 364—in the course of our business I never knew a town order rise above 1,000—the date of this order (produced) is 7th September; it is for emery-cloth, emery and glasspaper, and sundry things, from Jameson & Co., of Newcastle-upon-Tyne—I have examined those goods which are the subject of this inquiry; they are our manufacture—the selling price of Scotch glue, from our place, is 63s. a cwt.—I do not remember, in the course of my business, going to Mr. Barnes.
Cross-examined by MR. GIFFARD (with MR. F. H. LEWIS). Q. Is there any person who knows more about this order than you do? A. The clerk that entered it might—these reams are marked with consecutive numbers from the order book—these are marked 2,030—the next would be 2,031, then 2,032—this is not one order—there are several orders here on a sheet—the order is written by our traveller—he is not here—I think the numbers are consecutive in the order book—those are the customer's numbers—some of them have letters—they would have something that could not be the same as our numbers—I don't know how high the numbers have run in the country orders—that is the book of 1861—we should begin another every year—there would be a 2,030 in the year 1860, and every year, if we had orders enough—our orders are generally more than that—as a reasonable probability then would be 2,030 every year—the person who enters that, is the person who enters the order—in this particular case the 2,030 is in the handwriting of one of our clerks named Duncan—I do not know whether he is here—the ream with the red label is the best—what we call the best is the second quality—there is the genuine and the best—this is the genuine, the red, and worth 25s.—we distinguish the other by the yellow label, which is worth 23s.—there is not a genuine and best to the paper—that is all the same quality—we do not put our name on that paper—if the red label was not on, we could distinguish the quality by the stamp on each sheet—the word "genuine" on the stamp shows its superiority—that is necessary to distinguish it—we might bo able to see the difference of the quality without that; but other people would not—people buying two qualities would know it by the difference in the stamp.
COURT. Q. What is the difference between genuine and best? A. One is made of the genuine emery paper, and the other is made of the second emery—it is an inferior quality of stone; there is also a shade difference in the colour.
MR. GIFFARD. Q. Did you yourself take stock last October? A. Yes—I ascertained that there was some stock missing by counting the stock we had in hand—it was all packed in reams—I do not know what quantity of stock there was—I have not my book here—I took the stock by counting the reams—they would not be in the place where these were kept—this was a surplus stock that was kept in two or three different rooms—at one time, I should think, there were 900 reams of surplus stock—I cannot speak for certain—I cannot tell about how much in October; it was between 500 and 600—this paper was packed in reams, and placed in certain rooms; and the account was taken of what was sent up then—one of the young men took that account—he is not here—it is by a comparison with what he wrote or said, that I speak to a certain quantity being missing—if he sent up twenty reams he would furnish me with an account of it; and if he took down five reams he would give me an account of that—I made up my account from that; and when I looked at that book there was a deficiency—that book is in our counting-house—we had no check at all upon the young man's accuracy—I did not, nor did any person under my orders, see that he accurately took the surplus stock—we trusted to him—it altogether depended on the accuracy of his paper—he is not in our employment now—I do not know where he is—this surplus stock was in three rooms, on the first floor, the middle of the factory—the manufacturing portion is above and below—this was between the two—after the surplus stock was manufactured, it was packed into reams similar to these, and brought down into the warehouse first, by the manufacturer—the warehouse is on the ground floor in front of the house, and the manufacturing premises are at the back—the whole quantity manufactured is brought into the warehouse—no account is taken of that, so as to comprehend the whole stock, including the surplus stock—when an order is being executed, the paper is put behind the press that it is packed in, in the warehouse—it is not marked before it is packed—the stamping is done before it is made—I made these numbers—they would be made to agree with the book—that is put on the packing note, and is not put on the goods before they are packed—the number is put on at the time they are packed—each packet would be numbered, ana they would be all stacked together, behind the packer's press—suppose there are ten packages of this sort, all going to Newcastle, to one man, when the operation is complete, some person puts them together in a package, they are put into a railway-carriage, and sent to Newcastle—a label and number is put on each package we send, and they are left for the packer to send them together—we have not a very large business over the counter—last year it was about 48l. a month, up to October.
Q. Do you not know that occasionally when persons come in for a town order, there being some packages ready stacked for the country, that they have been handed over, the figures altered, of course, and altered from a country order to a town order? A. It has been done, but not to my know ledge—the goods sold over the counter do not have numbers on—if a man comes in to buy a ream of paper it does not go through our books, and therefore does not have a number—the man who does that ought, properly to erase and alter the mark—if goods are sold over the counter we cannot put a number on.
COURT. Q. Supposing a package which had been intended for the country was made use of for an order over the counter, what would you do with the number that was already on? A. Rub it out.
MR. GIFFARD. Q. How would he rub it out? A. Wet his fingers—it
would not take long to rub out—I know Rushbrook—I remember Parrott being examined at the police-court—Rushbrook told me nothing about his having received 3l. from Parrott—I did not hear him say so—the police-sergeant had communication with Rushbrook first—Rushbrook has been in our permises since this inquiry began—he came there and gave information about this—he has been several times—I cannot remember when he first came—I know he has been several times—he was there once or twice last month—that was not the first time—he had been there before that—he came the first time when we discovered that these goods were gone—I do not known when he first came to our establishment—the police can answer |that question, I cannot—it must have been some time in October, or the end of September—it was long before the first examination of the prisoner—I know the time when the prisoner first surrendered—Rushbrook was not forthcoming on that day—we could not find him anywhere.
MR. ATKINSON. Q. Did he come to your counting-house? A. Yes—he was is the counting-house and the private house as well—it was on this inquiry—the policeman accompanied him on most occasions—we sell single reams, half-reams, quarter reams, and small quantities over the counter—I never knew of any transaction over the counter, where a thing packed for the country was altered and sent to a town order, to any extent like this bundle.
WILLIAM DEE . I live at Newington—in September last I was a packer in the employ of Mr. Oakey—at that time there was a person of the name of Skinner there, a clerk in the country department—I received my orders from him to pack—I remember receiving a packing order for Newcastle, in writing—this (produced) is like the order I received from Skinner—it may be the one—I acted upon the order I received—I packed up a quantity of paper with that number, 2,030, on it—it was an order for about thirty reams, I think, of emery cloth, and glass paper—after I had packed the order it was put on the floor behind where I worked—I don't know when I began to pack the order—I do not know what part of September it was—Mr. Skinner gave me the order, and I packed it with the numbers 2,030 upon it—after that, I had a seoond order, which I packed; some glass paper, and emery cloth, I do not know how much—it was not so large as the first order; near about twenty reams, I think—the number on that was also 2,030—I communicated with Mr. Skinner after I had the seoond order, not before—I do not know what became of the first order I packed—I had nothing more to do with it—I left it behind on the floor, with these numbers on—that is done through plates, with a brush.
JURY. Q. Who receives the order after you have packed it? A. One of the labourers, not Skinner.
MR. ATKINSON. Q. What is done with the written order? A. Given to the labourers—there are two or three men who do it—they afterwards go to Mr. Skinner—there was a carter of the name of Leggatt in the employ—he took some of the goods out—some of them went by Pickford's vans; the country goods—these produced are packed in the usual way—I am not able to say that these are the goods I packed; they are of a similar kind.
Cross-examined by MR. GIFFARD. Q. Let me understand first about the order, after you have done with the goods, they go into the hands of labourers to put them in cases? A. Yes; or parcels—after they have ticked the order off, they are put in cases, and Mr. Skinner has that order again; then, I believe, it is entered in the books by Mr. Skinner or a clerk—I do not know Mr. Skinner's writing—the person who enters the goods into the
book has the order to enter it from—I do not know what that person does with the order after it is entered; it goes into the counting house—Mr. Skinner attends to that, and a man of the name of Duncan—he is not here—he is still in the employment of the prosecutors—I believe the orders are filed—I do not know, as a matter of fact, that when a town traveller has come in in a hurry for his order, that goods packed to supply country orders have been given to him—I have missed goods, and have had to supply their place with others—I did not suppose they had been stolen at that time—they might have had them for sale over the counter—new reams have been substituted from the warehouse to make up an order, and sometimes I have taken what had been for one order, and made up another order—when I do that I always ought to alter the numbers—I do not always do so—sometimes they have no numbers at all on; when they have, I have either robbed them out, or put other numbers on—I pack fifty or sixty reams in the course of the day.
Q. You told my learned friend that on that new order that you exceuted, after the first 2,030, you executed another similar one, and put 2,030 on that, do you remember that? A. Yes; I executed what was on the written paper—the second one was 2,030—it was a large order—my attention was first called to this matter when I had the second order out—some out spoke to me about it at the latter end of September—I remembered the numbers 2,030 being on the two different ones by the order that you have there, that shows me, because of the name being Jameson—I remember speaking of it at the time—there is nothing on that paper to show me that the second order was for Jameson, and that it had that number on it—I do not know when I was first examined as a witness—it was this year—there were four persons packing in this warehouse, Pearce, Ebdy, Roberts, and myself.
MR. ATKINSON. Q. To whom did you speak about the second order? A. Mr. Skinner—what I remember is, that the second order for twenty reams had the same number as the first for thirty.
JOSEPH ARMSTRONG BROWN . I reside at Newcastle-on-Tyne, and am assistant to Messrs. Jameson, ironmongers—in the course of our business we supply quantities of this emery cloth paper—I remember in the months of September receiving two cases of goods—they consisted of emery cloth paper and glass paper—this is the invoice (produced)—I compared part of them at the time—I was not present when they were being compared—I compared the glass paper, glue, and knife polish; that is all—I saw them when they were packed on the counter—I saw a quantity of paper of this kind—when we first heard of this we had still two and a half reams of it in stock—they are here—I have had my attention directed to a half ream since I have been in London—this is it (produced); it is one we had in stock—I supplied the other half myself to Stevenson and Co.—half a ream of each sort was generaly supplied to them—we supplied all that came down to them; they are the only parties we supply with that—we do not let these go out as they are; we generally halve them—it is all packed in reams, and we take off those labels and send them in half reams; the labels and pieces of paper are put among the waste paper—the cost price of this quality is 23s. and that with the label coloured red is 25s.
Cross-examined. Q. Why do you say this is one that was supplied to you? A. We had that in stock on 2nd December—I identify it by our name being put on it; it is written on in pencil—it is almost rubbed out now; but for that I could not distinguish it from any similar packet—we supply Messrs. Stevenson's ourselves—I have sent goods repeatedly—I am a general
assistant in the business of my employers, managing all their business—I generally keep the books, and am at the counter—an account of what we sell is put down in the day-book, and from that I post it into the ledger—I have not got my books here—from the books there would not have been the slightest difficulty in showing you every ream sold—I have not brought them—I am not the person who conveyed the goods to Mr. Stevenson—there is no one here from Mr. Stevenson's to say what they have received—we sell a good quantity of these articles, and have been doing so for a great number of years—Messrs. Oakey have supplied us—there is no one here from our establishment who checked the invoice from the contents of the cases, and no one could recollect it if they did.
MR. ATKINSON. Q. In supplying Mr. Stevenson, they do not go in these outside packets at all? A. No—I very often see it put up, and all that sort of thing, before it goes away.
COURT. Q. You are not able to say, without any books, from your own memory, what quantity arrived in September; you cannot say whether it was twenty or fifty reams? A. No; not without the invoice; it was two large cases.
JOSEPH OAKEY . I am town traveller to the prosecutors—I know Mr. Robert Barnes, an oilman, in Brick-lane, Whitechapel—in the course of my business I called at his shop on 5th October—I saw some goods there which I considered he had no right to; that he did not buy from me—there were two reams of No. 3 emery cloth, which was a thing I knew he would never buy, and which he never bought from me—they had country numbers on; numbers entirely different from town; only about half the size—in consequence of seeing the number on it I placed myself in communication with the police, and then inquiries took place.
JOHN HENRY RUSHBROOK . I am a traveller—I have not travelled for orders exactly in this particular trade—I know the prisoner; he lives in New-street, Borough-road, and keeps an oil shop—I had known him in that business in September last, about five weeks—I first met him at a public-house in Southwark—after that I called upon him, hearing he kept an oil shop—he said he had got some things to sell, and showed me some emery cloth and glass paper—the invoice will show what quantity I saw, and what I took away—there was between twelve and thirteen reams—I can tell you by the invoice how many reams there were (produced)—there were twelve reams of paper and cloth—this is in my handwriting—I was to pay 9s. for the paper, and 14s. for the cloth—this is my invoice that I made out—I made out a list of the articles that were there at the time—I cannot say I have got that here—I have not looked for it—I had a lot of lists—the prsioner did not suggest any names I was to call upon—I am a traveller myself—I have a connection in London—I went out by myself to sell first—I made the first sale to Mr. Rose, and then took the money back to Briggs—I got the goods from Briggs' shop—I made the sale before I took the goods out—I made the invoice out at Briggs' shop; he was present—I communicated to him the price I sold at, and the result of it was that I made this invoice (read—"September 7th, 1861, Mr. Rose bought of Henry Rushbrook, 54, Boston-street, Hackney-road, 8 reams of glass paper, at 11s., 4l. 8s.; 4 reams of emery cloth, at 14s., 2l. 16s; 2cwt. of Scotch glue, at 54s., 5l. 8s. Paid Henry Rushbrook, same time.")—it was Scotch glue; that is a better class of glue—having made out the invoice, I took the goods to Mr. Rose—Briggs did not go with me—I got the cart two doors from him—Briggs suggested the place to have the cart—the
person to whom the cart belonged was the driver—Rose's place is in Loondon-fields—I got a cheque from him, and came away with the cart—I wanted some cash, and I went back again, and allowed Rose one shilling to cash it, and he cashed it for me—when I came back I handed the money over to Briggs, and he paid me my commission out of the money that I brought back—he allowed me 2s. commission on paper, and 1s. on cloth; if I only got 14s. I was to have one shilling out of the fourteen—there are plenty of makers who will buy them of you at that price—that transaction was about the date of this invoice—I called round again in the course of three or four days—I made another invoice out to Mr. Scrine—I think this is it (produced)—Mr. Scrine is a wholesale oilman at High-street, Hoxton—I went to him on Saturday, 14th September, and sold him goods to the amount of 13l.; 10 reams of glass paper, and 9 of cloth—after I had made that sale I informed Briggs as before—I recollect the goods being sent to Serine—they were taken from Briggs's shop in a corn-chandler's cart, Mr. Moore's, of London-road—I do not know the driver's name—Mr. Briggs assisted me to put them in the cart—he went with me—when we got about two hundred yards from Serine's, the prisoner got out of the cart, and went into a public-house—there had been nothing said, between him and myself about his getting out of the cart and going to the public-house—I delivered the goods at Mr. Serine's—I was paid by cheque, and I delivered the invoice—I gave the cheque to Mr. Briggs, in the public-house in Hoxton—I found him there—there was only his little boy with him, about ten or twelve years of age—I got my commission; Briggs paid me when I gave him the cheque at the public-house—the next transaction was with Lee, of Hoxton, on September 10th, for 13 reams of glass paper—when I made ths sale I informed Briggs as before—I went to his shop and oommunicated with him—the cart was ordered from Moore's again, and I and Briggs packed the cart—I cannot say whether his little boy was with us then—when we got near Lee's he got out as before, and went into a public-house—I was paid for those in cash—I brought the money to him, and I was paid my commission—the next transaction was with Mr. Rose—I saw the number on some of the paper that was taken to Rose's—it was 2,030—the next transaction with Rose was on 17th September—I got this cheque (produced) from Rose; it is payable to Henry Rushbrook or order; I gave it to Briggs—there was one cheque I cashed myself—I do not know which one it was—I gave all but one to Briggs, and that I cashed myself in consequence of Ross being out—the date of that is September 26th, for 12 reams of glass paper and 8 1/2 of cloth; sold at 11s. and 14s.—I got the goods as before—Briggs went with me—he did not go to Rose's—he stopped opposite at a public-house—I gave him this cheque, made out as before to me or order—the next transaction was with Barnes, of Brick-lane, Spitalfields, and consisted of three reams of emery cloth—I got that from Rose's shop—I had originally taken it to Rose—there were four reams of No. 3 returned, and these were three of them—I noticed the coverings of those three reams; they had 2,030 on the cover—I do not recollect the colour of the label—the prisoner did not go with me to Barnes's—this was for my commission—I sold them for myself—there was another transaction with Mr. Berry, of St. John's-square, Clerkenwell, one cwt. of Scotch glue, and two reams of glass paper and emery cloth; the amount was 5l. 8s., and was paid in cash—the next transaction was another with Barnes, of Brick-lane—there is no date to this—it would be after the 2d October; it was for one ream of emery and two of glass—then there was one with Rose again, on 10th October, for two reams of
emery paper, and six of cloth, 5l. 15s. 6d.—Mr. Oakey's name was on all the paper that I sold—some of the goods were taken from Briggs's shop, and some from the parlour, on the same floor, at the back, divided by a glass door—about the middle of October, in consequence of some information that I had, I went to Briggs's house, and saw him in the parlour—his wife and son were there; not the little boy I spoke of, an elder son about nineteen or twenty—it was on a Sunday that I went—Briggs told me that Spenser had been locked up on the overnight respecting some goods which had been taken from Cox's; there was a bit of a bother about the things I had been selling, and that I had better be out of the way for a little while—I think I said, I was very sorry for it, I knew nothing at all about anything being wrong or I would not have had anything to do with them—there was an appointment made for a meeting on Sunday night, at a public-house in Boston-street, Hackney road, near my house—I did not go—I sent my son and Mr. Parrott to keep the appointment—I remember going to a public-house Pownall-road the same night—I saw Briggs there—he was not with anyone—I saw Parrott and his cousin there—a conversation took place between me and Briggs to the effect that I must keep out of the way a little while; he would supply me with money, and take care of my wife and family—that the goods I had been seiling he had heard had been come by wrongly, and the officers were after me—I think Mr. Oakey's name was mentioned by him, with regard to Spencer being taken to his place by Mr. Oakey and two detectives.
COURT. Q. When was it he told you that Spencer had been locked up? A. On the Sunday, at dinner time; not in the evening—there was some conversation about Spencer in the evening too.
MR. ATKINSON. Q. What was the conversation? A. That Spencer had been taken by two detectives, with Mr. Oakey, over to his house, and he was locked up—he promised to send me over 3l.—I received it on the following Wednesday, from his son—I did not receive any money from Parrott—the money was paid in Parrott's presence—I was told by Briggs to go in the country to keep out of the way—I did not go anywhere—I stopped at Parrott's all the week—I was out and about all the week, every day—I know the Angel public-house in Farringdon-street—I remember, in consequence of a communication being brought to me, going there on the Wednesday evening—I and Parrott went to Brompton; to Queen's-buildiugs first—I saw Mr. Briggs and Mr. Cox there—I had not sold any property to Cox—they were at a private house—very little talk took place then—we all got in a cab and came to Farringdon-street; me and Parrott, Cox and Briggs—I told Briggs that I had heard at several places that the officers were after me—I was persuaded to go to Mr. Oakey, but I did not go at first, I thought I might get into trouble, because my name was to the invoice—I did not then go—Leggatt was sent for to Farringdon-street—I cannot say who by; a party fetched him—he came—there was then a conversation as to their finding me some money to keep out of the way altogether—Briggs was ther, and he said that he would take care of my wife and family, if I would only get out of the way—I think Skinner's name was mentioned—there was an appointment made to meet the next night—I received 2l. from Briggs at that meeting.
Cross-examined by MR. GIFFARD. Q. I think you said you first became acquainted with the prisoner at a public-house? A. Yes; that was about a week previous to the first sale—on the occasion of the first sale I made the invoice out after the sale was effected in the prisoners presence—I am quite sure of that—Briggs was not with me on the first occasion—I went
by myself—I got this paper from Briggs's shop, at the date that is on it; I am quite sure of that—Mr. Rose had nothing to do with this paper, only taking it in receipt of the money he paid me—it is a receipt by me to Rose, of the money in payment of the goods I had given to him—I wrote it in Briggs's shop, and handed it to Rose in receipt of the money he paid me—I wrote it after I had sold the goods to Rose; after I had sold them, and before they were delivered—we do not make invoices out when we sell goods, but when we deliver them—I wrote this on the day it bears date—I have no doubt about it—the bargain with Rose to buy the goods was not made on the same day that I delivered them; there might be the interval of a day or two between the bargain and the delivery—I could not say for a day—this was written on the day of the delivery—I gave it to Rose at the same time I delivered the goods—it has now come from Rose's possession, as far as I know—I cashed one cheque myself; I did not cash any other—I got it cashed in gold, not in notes; I think the amount was 17l.—all the cheques were payable to my order—all these invoices were written at Briggs's house—the receipt attached to the bottom of them, "Paid, Rushbrook, same time," was not written at the same time, but when I went to the counting-house—Briggs would know on each occasion, if so disposed, to what customer the goods were going—in one of the instances there was a sale which did not come up to the commission I had arranged for; for that I received No. 3 Emery cloth, that I took to Brown's—I headed that in the same way, "Rushbrook," Co. the customer; that was instead of my commission—that was at the date of one of the invoices, "Returned, 4 reams, No. 3"—I was examined altogether four times at the Police-court—I do not think I told the story in different parts on different occasions; to the best of my recollection I told all at first—I remember Parrott being examined—I was not examined again after he had been examined—I was in the witness-box and my deposition was read over; but I was not examined for fresh evidence—I had not, before Parrott was examined, told the policeman that Parrott was the person who gave me the 3l.—I did not think he was the person, before he was examined—after he was examined I said I had made a mistake, and that it was the prisoner's son; it was in Parrott's presence—I had made a mistake, if I stated it—I never recollect stating it—I never did receive the 3l. from Parrott—I came forward and said I wished to be examined again in order to correct the mistake—I was in court at the time Parrott was giving his evidence, and heard the mistake made—I heard what he said—it was after that that I said I had made a mistake, and that Parrott had not given me the 3l.
COURT. Q. Then you must have made the mistake at one time, and said that Parrott had given you the 3l.? A. If I did it was a mistake; I have no recollection of it; it was represented that I had said so—it was given in Parrott's presence.
MR. GIFFARD. Q. Did not you hear Mr. Lewis, the attorney for the prisoner, address the Magistrate on the subject? A. I did not; I was not in court—I do not think it was after Mr. Lewis had left that I went and said I wanted to correct the mistake; I will swear that—I saw Mr. Lewis about the court afterwards; it was after he had addressed the Magistrate on the prisoner's behalf—I think I heard Mr. Lewis say that I was not corrobborated, but contradicted by Parrott about the 3l.—when I was selling these goods, I might have been selling on behalf of Mr. Saunders—I don't recollect that I made use of his name; but I was selling for him at the same time; travelling for him with 1l. a-week commission in another line.
and I might have said so, in as much as I know that oilmen are a class of men who, if they can buy goods a little under the market, they will do so, and do the agent out of his commission—if I said I was selling them for Saunders it would not be a mistake; it would be said intentionally to deceive the oilmen—I have dealt a good deal in business in the course of my time; I have been travelling for about eighteen years in various lines; not particularly in the same line—I had only done business with Mr. Briggs five weeks—in the course of years I have sold a quantity for various oilmen—I have sold a great quantity for Mr. Rose, the man I sold these goods to—I have sold Emery paper of other makers; I never had any of Oakey's to sell—there was nothing in the mode of selling this to excite suspicion, nor in the price—I received the 3l. to support me while I was out of the way—I was only from my own house to Parrott's—I did not go about as usual; I was about; I was in and about once or twice in the course of the day—I was at several places during the week in London; in various public-houses and other places—I lived that week at Parrott's—there was a summons out against me at the instance of my wife; that was not while I was living at Parrott's; it was a week previous to that—I was to appear on the Tuesday as I was at Parrott's, but it was out the week previous—I did not appear to it—there was not a warrant issued on my not appearing to the summons—it was settled before it was to come on; it never was intended to go to trial—it might have been settled on the Saturday previous to the Tuesday—it was a charge of assault against me by my wife—there was no person at the Police-court on my behalf to explain why I did not appear—I was once accused of dishonesty; that was last February twelve months—I travelled for a firm at Birmingham, and collected their accounts, and I lost a small sum of money—the charge was for fraud, embezzlement, or something of that sort—the principal of the firm was at Birmingham, and the agent took upon himself to stop my salary and lock me up; but there was no case against me, Mr. Yardley would not listen to it—the prosecutor came to the House of Detention and got a letter from me, under a promise that he would not take any proceedings against me; the letter was not to be made public; but it was, in consequence of the agent and I having a few words afterwards—I never applied to the prosecutor to forgive me in any shape or way—I don't know what my wife did; I never saw or heard from her during the whole time—the prosecutor agreed to forgive me; that was in 1861—I have known Parrott ten or eleven years—I have been a good deal with him at times; not more in 1861 than any other time; sometimes I did not see him for two or three months together, and I might see him for a time in the course of my travels every day—I could not say that during August, September, and October, I saw him three or four times a week—I should not think I saw him so often as that—I can tell Scotch glue from town glue; it is of superior quality and different in price—the invoices that have been put in do not comprehend all the transactions that I had with the prisoner; it comprehends all the transactions in respect of glass paper—on 7th September I made out the invoice in Brigg's shop, and afterwards, when the customer paid me the money, I attached my receipt to it—that was the case in every one of the instances where I have the papers before me—the three reams, of course, would not be made out in Briggs's shop; that would come from Rose direct—I had four reams, the other I sold to somebody else; a commission man about town like myself—I could find him if it was required I dare say; I do not remember his name—it was a sort of job lot; we looked on them all as being job lots.
MR. ATKINSON. Q. Did you ever sell for a house, or have you been selling job lots? A. Oh, yes; I travelled for a house ten years—George Borwick, of London-wall—he is a general merchant—I can explain as to the charge of fraud—I was travelling for Ward of Birmingham, at a salary of three guineas per week—a corn-chandler here was appointed agent, and was to pay me my money every Saturday night—about November, 1860, I happened to lose a sum of 8l. 15s.—I gave the agent the items, names, and everything else, and he agreed to take it by instalments, and that Mr. Ward should know nothing about it—in the Christmas week he took upon himself to stop my salary—he stopped it for two weeks—I got some money and paid myself—the amount altogether was 15l.—he wrote to Birmingham, and the consequence was he gave me into custody—they let it be from Monday morning till Tuesday night before they locked me up—Bull was the detective, and Mr. Beard had the case—Mr. Yardley could not see anything to detain me—Beard begged a remand as there was not time to see what defalcations there were, and I was sent on remand to the House of Detention for bail—Mr. Johnson, of Poplar, one of the parties I had had some money from, came to me at the House of Detention, with Mr. Ward—Mr. Johnson came to me first, and said Mr. Ward was down stairs and he wanted me to give him a letter, acknowledging myself in default, and he would take no further steps—I said to him, "What would you do?"—he said, "Do it by all means; he has guaranteed to me that the letter shall not be showed publicly to anybody"—he went down stairs and sent his brother up, and the officers supplied him with pen and ink, and I wrote the letter—the officer has a copy of it—the brother, Thomas Johnson, waited for the letter, and took it down to Mr. Ward—they paid me for my keep, supplied my wife with money, and on Monday, Mr. Beard said, that in consequence of a letter which the prosecutor had received from me, he was to forego the prosecution—that was the whole transaction—Parrot is a person with whom I have been frequently in the habit of dealing.
THOMAS PARROTT . I am a commission agent, of 47, Princes street—I know Mr. Rose, an oilman, and have frequently done business with him—I am also acquainted with Rushbrook—I have known him for some time in the way of business I remember, in the month of September, being in Rose's shop—I could not say the date—I think it was the latter part of the month—I saw Rushbrook there—I, and Rose, and Rushbrook left the shop together, and went to the Sir Walter Scott public-house opposite—we saw Briggs there—I had not known him before—Rushbrook said to him, "Hallo Jem, my boy, how are you? I have not seen you for a long time;" and he handed him a glass of ale—Rose went away and left us there—I saw a horse and cart at Rose's shop, and a man in it, who I did not know—I did not notice him—we had some drink together at the house, and Rushbrook and Briggs then went away together, and left me there—one Sunday evening, about a fortnight or three weeks afterwards, in consequence of some information I received, I went to the Suffolk Arms public-house, in Boston-street, Hackney-road—William Hill, a cousin of mine, went with me—he is not here—I found Rose's son there—while I was waiting there, Briggs came in—I said, "Mr. Briggs?" he said, "Yes"—I told him that I had seen Rushbrook, and that he wished to see him, as it was not prudent to meet in the street, where he was living at the time, if he came to the Seven Sisters in Pownall-road, Rushbrook was there—nothing was said between us after that as we went along—Rushbrook was in the house of a friend of mine, and I left Briggs with my cousin, and went and fetched Rushbrook, where they
met—Briggs said to Rushbrook, "I know I am all right now; I thought you were two detectives;" meaning me and my cousin—we then all went to the Seven Sisters—we went into a private bar—Briggs said that Rushbrook must be kept out of the way, as they could do nothing without him; he would provide for his wife and family as long as he kept oat of the way, and would send him 3l. on the Monday morning, and on the Wednesday, I saw 3l. brought by Briggs's son—it was given to Rushbrook—I have been to Briggs's shop, and have seen his son there—after that, I went that same evening, with Rushbrook, to Queen's-buildings at Brompton—Rushbrook asked me to accompany him there—when we got there we saw the prisoner and Mr. Cox—there was no particular conversation there—we had something to drink, and they called for a cab—we went to the Angel in Farringdon-street—we went into the parlour—there were some strangers there—there was a little conversation about paying for Rushbrook, and it was suggested that Leggatt should be sent for—I cannot say who suggested that—it was between 2 and 3—the conversation that led to that was about Briggs not being able to afford the money—Briggs said that he could not afford to pay it all himself—Skinner's name was mentioned—Leggatt was sent for, and he came—Briggs said to him that he ought to provide as well as himself—myself, Rushbrook, Leggatt, the prisoner, and Cox were present then—Leggatt said he could not afford to do so by himself, but he would see Skinner, and he made an appointment for the next evening to know the result—I and Rushbrook went there the next evening, and found only Briggs there.
Cross-examined by MR. LEWIS. Q. Were you the jobbing traveller that bought the ream of paper from Rushbrook? A. No—my suspicions were first aroused as to there being some fraud, on the Sunday—I had suspicions when Briggs said, "I thought that you were two detectives"—when I went to Rushbrook they said there was a bother about it—Rushbrook told me that he did not know that the goods were stolen—he did not tell me that they were stolen—I did not hear Briggs and Rushbrook say what he was to keep out of the way for—I did not inquire; it did not interest me—Rushbrook told me that the detectives were after him on the Sunday evening; the same evening that he came to lodge at my house for that night—he did not tell me that the detectives were after him for the paper; they wanted to see him—he did not tell me about what—he gave me his word that he did not know anything about the paper he had been selling—he told me the detectives were after him about the paper to know where he had got it from—I did not know at that time that a summons was out against Rushbrook—I first made a communication about this matter on the next Monday; a week after—I do not recollect Briggs being charged in November—I had nothing to do with it—I heard that he was charged in November—I do not know the date—I did not make any statement before that time that I am aware of—I do not believe I had seen anything about it the first time that Briggs surrendered, early in November—I had not been before anyone—I do not think I had—I don't know the date when I made the first communication—the day I gave information to Mr. Oakey was on the Monday week following, as I saw Rushbrook on the Sunday—at that time I only knew by hearsay that Mr. Oakey had had some paper stolen—I had heard it—Rushbrook told me he did not know it was stolen—he told me that a party had been locked up, named Spencer—Rushbrook also told me that he had the goods from Briggs—he did not talk over the whole story with me, about my having been at these different public-houses with him,
and ask me what I could remember—what I did was with my own consent—I and Rushbrook did not talk over what I could recollect as to the meetings at the public-houses before I made a communication to Mr. Oakey—there was no occasion for any talking—I could recollect it well.
MR. ATKINSON. Q. Have you, to the best of your ability, given us the facts and conversations as they occurred? A. I have.
ALFRED ABBEY . I live at 16, Broadway, London-fields, Hackney, and am in the employ of Mr. Rose, and have been so for about eight months—I know Rushbrook—in the conduct of Mr. Rose's business I know of purchases having been made from Rushbrook of glass paper—I think I can recognise Briggs now, but I could not some short time ago—from what I have heard, I have no doubt he is the man—I think I have seen him in the shop—he looks like the man—that is my belief—when Rushbrook supplied goods to Rose, two men came with him—the prisoner looks very much like one of the men—the goods were brought in a cart.
Cross-examined. Q. I think you say you cannot speak to the man's identity? A. After the evidence I have heard I should say he was the man.
COURT. Q. Independently of that, all you can say is that he is like the man? A. Yes.
GEORGE BRITCHER . I am a carman, residing at Hatfield-place, Westminster road—in the month of September last, my horse and cart was hired by Rushbrook—I went with him to a shop; I do not know whose it was, in Brick-lane—we then went to New-street, to an oil-shop—I do not know Briggs, I never saw him that I am aware of—I took up two cans, and a tag or two, I will not be certain which, and two or three packets of paper—I saw some emery paper outside here to-day; I cannot say whether that is the sort of paper I took into my cart—it was something similar to that—I do not think it was packed up with the same wrappers—I really do not know whether it was covered with brown paper—I cannot say whether it was like this produced—I took them to an oil-shop in Brick-lane, Whitechapel—Rushbrook went with me—my orders from him were, after I had got it into my cart, to drive to Shoreditch—he went with me, and I drove to Shoreditch—when I got to Shoreditch Railway station I picked up another party—I do not see him here to-day, that I am aware of—he did not go to Brick-lane with me—he got out before I got into Brick-lane—I do not know where he went then—I delivered some of what I had in the cart at Brick-lane—I went to Limehouse with the remainder; to another oil-shop—I believe I delivered the cans and the paper at Brick-lane—I do not know, in fact, what I did deliver—I delivered some part of my load there—it might have been the paper—when I left Limehouse I came home—I did not call at Shoreditch on my way back; I am quite certain of that—I picked the same man up again in Brick-lane, after we had left the things in Brick-lane—I then went from there to Limehouse, and from Limehouse I came straight back home—the man I picked up in Shoreditch went with me to Limehouse—he got out before I got to the oil-shop—I did not see where he went—I picked him up again after I had delivered the load, and brought him back to the end of the Borough-road, Stone's-end—it is near New-street—New-street is the bottom of the Borough-road, and where I delivered him was at the top, just by the Ship public-house.
HENRY WRIGHT . I am an oilman, residing at 40, Cambridge-road, Mileend—I remember, on 25th or 26th September, buying some nutmegs of Rushbrook—some discussion took place about the weight of the nutmegs
with me and Rushbrook—he left the shop, and brought in Mr. Briggs—he came from a public-house opposite—he saw them weighed, and I settled the matter with Mr. Rushbrook.
Cross-examined. Q. I do not quite understand you; did you see Briggs come from the public-house, or do you judge from what Rushbrook told you? A. No; I saw him come—the nutmegs were short weight, and I objected to pay for them—I have not thought of the date myself—I have got it entered in my cash-book paid to Mr. Rushbrook—I have looked at my cash-book—I took it up to Southwark police-court—I have not got it here—it was the 25th or 26th of September—the weight was a pound short—Briggs did not come and weigh it—it was on the wales outside my shop door—Briggs said they were not weight, or something of that kind—Rushbrook sold the nutmegs to me at so much a pound—I cannot recollect the weight—I paid 10l. 5s. for them—they were not quite a pound short, but Rushbrook allowed me a pound for them—Briggs was fetched as a witness to see whether they were weight—I disputed whether the scale did show whether they were short weight or not—the discussion was, as to which way the scale showed the weight to be; and Mr. Briggs was fetched to judge between us, which was right about it, and he decided in my favour—Rushbrook said that the nutmegs were sold for Mr. Saunders, a blacking, or pickle-maker, in Blackfriars'-road.
CHARLES HANNISETT . I am traveller to Mr. Wright—I recollect buying some nutmegs—I do not remember exactly the day—I know it was one day at the latter end of September—I saw Rushbrook at Mr. Wright's shop—(A man named Morgan was here called into Court)—I saw some one very similar in appearance to that man—he was dressed differently to what he is now—I believe him to be the same man who was in company with Rushbrook—I also saw Mr. Briggs—Rushbrook was outside the shop, under the window, weighing the nutmegs on the machine—I was present when some discussion took place about the weight of the nutmegs—it was arranged—Mr. Briggs was called from the Queen's Head public-house opposite; and he came over and it was arranged—Morgan was at the side of a cart—I did not see him come up with the cart, or leave with the cart—I believe he came into the shop—I could not avoid noticing the cart; there were other goods in it—I cannot positively swear of what the goods consisted—I am accustomed to see the sort of goods usually sold to oilmen—it was that description of goods.
EDMUND GEORGE LEE . I carry on business in High-street, Hoxton, as an oilman—I remember buying some glass paper from Rushbrook; at the early part of September, I think—I do not remember the exact amount I paid him—I had an invoice and a receipt—I paid by cash—I did not see Briggs at all in the transaction.
JOSEPH SCRINE . I am an oilman carrying on business at 120, High-street, Hoxton—I remember having a transaction with Rushbrook for goods, amounting to 13l. 13s. 4d. for ten reams of glsss paper and some emery cloth—I do not know Oakey's make, only by the name on it—some of it had that name on it—I do not recollect how much—I delivered over to the officer what I brought.
GEORGE BREWSTER ROSE . I am a general merchant, carrying on business in Black Horse-yard, City-road, and also in the Broadway, London-fields—I know Rushbrook—I remember purchasing some goods of him on 7th september, and on the 11th, I think—I do not know the dates exactly—I paid on the invoice of the 7th, by a cheque, which I subsequently cashed myself—that was the first transaction—he brought it back about half an hour
afterwards—I gave him the money for it—the cheque was destroyed—my cheque book at home will show it—it is not one of these here—I paid a cheque for 17l. and sold nearly all the things to Mr. Goodrich.
EDMUND RICHARD GOODRICH . I am an oilman, carrying on business in Church-lane, Whitechapel—I produce an invoice of 23d September, for 24l. for goods purchased from Mr. Rose—I find a sale of emery cloth there—I did not notice at the time how it was marked—I have noticed since, that some of it was marked 2,030, and some 2,031, and I think 1,917—I think those were the numbers—I made a memorandum of it.
Cross-examined. Q. Are you speaking from memory? A. The 2,030 I am positive of—I had a memorandum and read it to the Magistrate at the police-court—I have seen the numbers since, with my mark on the paper—this is it—this is not mine—some of it has my mark upon it—this is the officer's mark—I have not known Briggs as an oilman for some time—I know him by sight, by his being employed at Messrs. Wells', the house I do business with—I do not know whether he bore the character of an honest man—I know nothing against him.
COURT. Q. Is this some of Oakey's paper? A. It is—I know their paper—that is my mark—it is some I bought of Mr. Rose, marked 2,030.
ROBERT BARNES . I am an oilman, carrying on business in Brick-lane, Whitechapel—I made a purchase from Rushbrook in the first instance, amounting to 2l. 2s. and in another to 3l. 16s.—the goods consisted of three reams of emery cloth, two reams of glass paper, a ream of emery paper, and six gallons of fine oil—Oakey's name was on them—I do not recollect seeing any number on them; there might have been—some of them had not any covers on—I remember young Mr. Oakey calling on me, and having a conversation about some paper—I got the paper that he saw from Rushbrook.
ABRAHAM BARRY . I am an oil and colourman at 13, St. John's-square, Clerkenwell—I remember making a purchase of some cloth from Mr. Rushbrook—it was brought to my place with a horse and cart—I noticed the driver—that is the man (Morgan) that brought it that time with the cart—I paid 5l. 8s. for it, 1l. a ream—it was the emery cloth—Mr. Oakey has the invoice of it—it is not a printed invoice—I have many times bought the same character of paper from Mr. Oakey—every sheet of paper bears Mr. Oakey's name—it was covered when it was delivered to me, the same as some of this; but I did not notice the number that was printed on it.
JOHN CHARLTON . I am an ironmonger, carrying on business at Newcastle-on-Tyne—I am in the habit of receiving emery paper and cloth from Mr. Oakey—I received a parcel from them about 26th September—I do not recollect how it was marked at the time—I have looked at it since, and find the number to be 2,031—I had two reams left, and have brought them with me; they are outside—I sold the other portion to a wholesale hat manufacturer at Newcastle—that is the only party who gets their glass paper from me—they use it in their business.
Cross-examined. Q. Do I understand that you got it from these particular Messrs. Oakey's? A. Yes; I gave the order to Mr. Griffiths, their traveller, when he called on me.
HENRY RUSHBROOK . I live at 21, Duncan-street, Broadway, London-fields, and am the son of Henry John Rushbrook—I know the Prisoner—I have seen him at my father's house, in Boston-street, Hackney-road, from September to November—I recollect on Sunday night, being sent with some directions from my father, to the Suffolk Arms, at the corner of Boston-street
—I saw Mr. Parrott there, and his cousin, Mr. Hill—while we were there together, the prisoner came in—he said that the robbery at Mr. Oakey's had been found out, and that if my father did not keep out of the way he would get collared for it.
JOHN OAKEY (re-examined). In October, 1861, I took an account of the surplus stock in this book (produced)—this book shows a deficiency in each of the sizes—there were 118 reams deficient of the sizes sold to Rose—the stock was put up in single reams—the clerk who took the stock is no longer in our employment.
GEORGE HOLMES (Policeman, M 252). On 19th October, in consequence of some information, I went with Mr. Oakey to the prisoner's shop, in New-street, Borough-road—it is a small oil shop, and I should call it a chandler's shop too—a man named Spencer went with us—when I went into the shop I saw Briggs, and in consequence of what Spencer had told me, I said to Spencer, "Is this the man you had the goods from"—he said, "Well, I am not certain about the man, but I am sure this is the shop"—I found some glass paper there marked with the name of Day—I said, "I think this is some of Oakey's manufacture"—the prisoner said, "It's false, I have never had any of Oakey's goods in my possession"—he said he bought that paper at a sale, at a chandler's shop round the corner; I found that to be correct—it was only a few quires—I took Spencer into custody upon that, and in consquence of what he told the inspector, I went back with Constable Pearce to Brigg's place—I said to him, "Spencer still adheres to the statement that he bought the goods from your shop, and that you are the man that he had them of"—he said, "It is all a lie, I never had any of Oakey's goods in my possession; I never sold any, and if you are not out of my shop I will punch you head"—on 2d November, I received from Mr. Goodrich some emery cloth and glass paper, 34 1/2 reams—I also received some from Serine, some from Lee, and some from other persons—we have got at the station about 59 reams—I am speaking of the property that we have traced to the prisoner—all that we have traced to him is not here—there has been a large quantity sold—we have traced some to customers not here—I looked after Briggs after this—I was looking after him from 28th November for about six weeks, almost daily—I went to his house on three or four occasions and left word for him—I saw his landlord—I made every inquiry for him—he was not at his place of business; his wife was there.
Cross-examined. Q. Did you leave word at his house that you wanted him? A. I heard that his father was dying, and that he had gone into the country to see him, but I did not believe it—I have no one here to show that that was not true—he surrendered at last all of a sudden—this paper that I have been looking at, is the memorandum that I made at the time he surrendered—it only contains three dates—it was on 2d November that I left word at his house that he was wanted, and on the 28th he surrendered—he was then discharged, and he again surrendered in January.
MR. ATKINSON. Q. Were you present when he surrendered? A. Yes; a person named Church came with him, and his solicitor, Mr. Lewis—Mr. Lewis was in Court, and asked for the case to be postponed for him, and we could not find the different witnesses, but Rushbrook was the principal one.
The prisoner received a good character.— NOT GUILTY .
MR. ATKINSON, for the prosecution, offered no evidence.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. THOMPSON conducted the Prosecution.
HENRY CLEMOW . I am in the service of Edward Groves, a clothier, of Lower-marsh, Lambeth—the prisoner was in his service as salesman, from March, 1858, till August, 1861—this coat (produced) is the property of Edward Groves—our mark is in the sleeve—the value of it is 12s. 6d.
Cross-examined by MR. LILLEY. Q. Has Mr. Groves two establishment? A. Yes; one in the Edgeware-road, and one in the New-cut—I think there are about seven persons in the New-cut who sell articles of clothing; and five, six, or seven in the Edgeware-road—that is the mark, in ink, on the sleeve—two clerks keep the books of our establishment—the cashier takes the money—he has to enter every sale—I have not searched the books—the cashier is not here—I have been in Mr. Groves' employ turned six years—the prisoner was in business for himself, as a clothier, at Chapel-street, Edgeware-road—I do not know at what date—I am not sure of the street—it was not just previous to his coming into Groves' employment—he had lived at Mr. Prew's, in Holborn—he left Mr. Prew's to come to Mr. Groves—I do not know the date at all—I cannot say whether I was in Mr. Groves employ at the time; but I can swear to this having been marked within three years.
MR. THOMPSON. Q. You can swear to its having been marked within three years? A. It is my own mark; I marked it myself—all the articles are marked, coats in the sleeve, waistcoats and trousers in the lining—this is what I should describe as a new coat.
CAMPBELL POOLE . I am in the service of Mr. Robinson, a pawnbroker, of the Triangle, Kennington—this coat was pawned, on 21st September, 1861, for 12s., in the name of John Price—this is the ticket—I cannot recollect who pawned it—I do not know the prisoner.
WILLIAM GOODLAND (Policeman, 82 L). I took the prisoner into custody—I charged him with being drunk, on the first occasion—I asked him if the ticket belonged to him—he said, "Yes"—I searched him, and found on him 122 pawn tickets, a latch-key, and a cork-screw—among the tickets I found this one (produced) relating to this coat—I asked him if the ticket belonged to him; and he said that it did—I afterwards made inquiries—I said nothing to him about the coat.
Cross-examined. Q. Are you sure you said nothing with respect to this particular coat? A. Quite so—I did not draw his attention to it at all—he said nothing about it to me—he was asked questions at Lambeth police-court, but not by me.
THE COURT considered there was no evidence against the prisoner.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution.
hdgeware-road—these two coats (produced) were pawned by the prisoner, one on 16th November, 1861, for 14s., and the second on 22d November, for 17s.
Cross-examined by MR. LILLEY. Q. Have you got the ticket? A. Yes—I have lived with Mr. Miller fifteen months—I had lived with him before—I cannot say that I remember the prisoner being in business about there at any time—I recollect a clothier's shop being opened, but I cannot recollect whether it was by the prisoner or not.
COURT. Q. Are these new coats? A. Yes—they were pawned in the name of John Goldson—I always understood that was his right name—I I have seen the prisoner once or twice—once he offered some things to pawn, and we did not take them in, because we could not agree about the advance—I cannot say the date of that—it was previous to the pawning of this last coat, I think—he said one was his own and the other was his brother's—I did not know him to be a master tailor, or a journeyman—I knew nothing of him or of his position—the two coats were not brought at the same time—if a man comes in with a new coat we ask if it is their own, and they always say it is—some men bring new coats on Monday morning to pledge—it is a daily occurrence.
ROBERT ALBERT WALLER . I live with Mr. Folkard, of Lambeth-walk, pawnbroker—this coat (produced) is quite new—it was pawned by the prisoner, in the name of John Wells, on 18th December, for 1l.—I knew nothing of him before, but I remembered this transaction, as soon as the coat was brought down to show to the constable.
Cross-examined. Q. What makes you remember it? A. Because the prisoner said that this was an ordered coat, and it was to go home the next day, for two guineas—he wanted it done up very carefully—I laid it up behind—he wanted me to take care of it, he was going to redeem it—either he, or somebody he knew, pawned a bed, for 1l., at our place—the constable has the ticket.
BARNETT HARRIS . I am a clothier of 19, Harrow-road—the prisoner was in my service as salesman—he came in September, and left in December—this coat which was pledged with Waller, is one of my coats—I had six of them made—these other two are also mine—a pair of trousers and a waistcoat, and several more things that were pledged were taken before the Magistrate—they are not here, the persons gave them up; they would not come here to prosecute—I received fourteen coats and some trousers, pledged by some one, I suspect the prisoner.
Cross-examined. Q. Have you any private mark? A. There was a private mark, but I pointed out to the Magistrate where the ticket was taken out—I had six of those coats made of a certain make, they cost me a certain price—none of them were sold—no other house makes up those coats—I get them from the country; they were made expressly for me—I do not think that there are many persons in London that deal with the same house—the peculiarity of these coats is the binding—I understood that the prisoner was in business himself as a clothier, but I did not know him as such—I am sure he did not deal with the same firm in the country; that party was not in business when he kept a shop.
COURT. Q. How many people have you in your employment? A. Only this man, at the time I lost the property, and a boy.
NOT GUILTY .
ADJOURNED TO MONDAY, APRIL 7TH, 1862.