CENTRAL CRIMINAL COURT
CUBITT, MAYOR—SECOND MAYORALTY.
EIGHTH SESSION, HELD JUNE 16TH, 1862.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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, June 16th, 1862, and following days.
BEFORE the Right Hon. WILLIAM CUBITT, Lord Mayor of the City of London; Sir Charles Crompton, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir George William Wilshere Bramwell, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Robert Walter Carden, Knt., Alderman of the said City; Russell Gurney, Esq., Q.C. Recorder of the said City; William Lawrence, Esq.; Benjamin Samuel Phillips, Esq.; William Ferneley Allen; Esq.; and James Clarke Lawrence, Esq., Aldermen of the said City; and Robert Malcolm Kerr, Esq., Judge of the Sheriff's Court of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
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, June 16th, 1862.
PRESENT—The Right Hon. the LORD MAYOR; Sir ROBERT WALTER
CARDEN, Knt. Ald.; Mr. RECORDER; and Mr. Ald. ALLEN.
Before Mr. Recorder.
MR. DICKIE conducted the Prosecution.
HENRY WILLIAM HAYES . I am an agent, and live in Carnaby-street—on 27th May, about 2 o'clock in the morning, I was in Long-acre, going home, and as I crossed over from Covent-garden, the prisoner seemed to come out of a house with two women—Williams placed his hands on my waistcoat pockets—I shoved him away, saying, "You have made a mistake"—he again in a more determined manner placed his hands upon me a second time, and I more violently shoved him away; I turned to walk away, and received a blow on the back of my neck from McCarthy, and at the same time felt his hand on my coat tail pocket; I turned round and knocked him down—I had a full opportunity of seeing both the prisoners, and am certain of them—I walked away down Long-acre, and when I got into St. Martin's-lane, I heard footsteps running after me, and the two men and two women saying, "That is him"—some of them ran on one side of the street and some on the other—not wishing to go up the dark street, I stood at the corner of St. Martin's-lane, and Williams halloed out to McCarthy, "Jack, that is him; give it to him," and he squared up to me—as I was defending myself Williams tried to come to this side and attack me also, and the women were about me—I halloed for the police, and a gentleman came up, Mr. Fichon, who saw all the latter part of it.
Cross-examined by MR. ORRIDGE. Q. After you got to St. Martin-lane, did not McCarthy ask you what you struck him for? A. Yes—I did not know that they had followed me, but when they got up to me I heard them talking—I heard Williams say that I had no business to strike McCarthy—they attempted to give me a thrashing for what I had done—Williams was the first who touched me; he said "How are you?"—when they attacked me,
and attempted to strike me a second time, I thought of charging them with attempting to rob me, and I knocked McCarthy down—I was perfectly sober—I had been sitting with an invalid friend at Brixton all the evening—I left Brixton at 12 o'clock, and walked over alone—I had on a white waistcoat like this—Williams said to the policeman that he spoke to me thinking I was a friend of his.
MR. DICKIE. Q. You did not give them in custody on the spot? A. No; not on the first attack—it was not on the impulse of the moment that I gave them in custody.
WILLIAM TYJOU . I am an engineer, of 3, Bridge-street, Westminster—on 27th May, between 1 and 2 in the morning, I was turning out of Cranbourn-street into Upper St. Martin-lane, and heard cries of "Police!"—I looked in that direction and saw five figures, two men hitting a third man, and two women—the two men were the prisoners—I never lost sight of them till they were lodged in Vine-street station—the prosecutor is the man they were attacking—I did not see anybody on the ground.
ARTHUR HERRING (Policeman, C 60). On 27th May, about 2 in the morning, I was on duty in St. Martin's-lane, and heard a cry of police—I went to the spot, and saw the prisoners, the prosecutor, two women, and the last witness—the prisoners were in a fighting attitude—the prosecutor said, "I give these men in charge for attempting to rob me and assaulting me"—I took them to the station.
Cross-examined. Q. What did they say? A. That they had done nothing to him, and they would go quietly if I would let them walk by themselves and not take them by the arm—they refused to give me their address.
NOT GUILTY .
PLEADED GUILTY .— Confined Twelve Months.
There was another indictment against the prisoner.
608. ROBERT WARN (38) , Feloniously forging and uttering a request for the delivery of 18 dozen boxes of pills, 6 dozen packets of ointment, 12 dozen powders, and 6 dozen bottles of ink, with intent to defraud; to which he
PLEADED GUILTY .
Recommended to mercy by the prosecutor.— Confined Six Months
MR. LILLEY conducted the Prosecution.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
HENRY CUNNEW . I am an India-rubber web manufacturer, of I, Alder-manbury-postern—the prisoner has been in my employ as a commission traveller—I had a customer, Mr. Muler, at 62, High Holborn—the prisoner did not account to me on 16th April for 18s. due to me from Mr. Muler—this is one of my invoices: "Mr. Muler, bought of H. Cunnew and Co., I gross patent band for sorted sizes, 18s. 6d., paid, 16/4/62, E. T. Jones"—that is the prisoner's signature.
Prisoner. Q. Did I see you afterwards until I was in custody? A. I am not quite certain; I think not.
COURT. Q. When was it the prisoner's duty to account to you for money he received? A. The same evening; but he had no authority to receive money from me; it was not part of his employment to receive money.
Prisoner. Had I received accounts before for you? A. I think on two occasions, and I then cautioned you not to do so in future.
WILLIAM MULER . I am an artist's colourman, of 62, High Holborn, and a customer of Mr. Cunnew's—on 16th April the prisoner called on me for an account due to Mr. Cunnew—he receipted this invoice, and I paid him 18s. 6d.
Prisoner. Q. Did I ask for the account? A. No; you called for orders, and I said, "There is a small account due; I will pay you"—you had an account with me before, and received the money.
JOHN MARK BULL . I am a detective-officer—I took the prisoner on 13th August, as he was leaving the Britannia playhouse, Hoxton—I told him I was a policeman, and took him for embezzling several sums of money, and likewise getting goods under false pretences in the name of Henry Cunnew, his late master—he said, "Allow me to see Mr. Cunnew; I can make the matter all right"—I said, "I cannot," and took him to the police-station, Moor-lane—he gave his name Edward Jones, but refused his address—I searched him, but found no money.
COURT to HENRY CUNNEW. Q. How long had he been in your service? A. Four months—he could see me every day, but sometimes he has not seen me for two or three days—he did not see me on this night, because he kept away; I was trying to find him—I applied to the police, who placed the matter in the hands of a detective—I did not know where he lived at that time—he had given me no notice of his intention to leave my service—he was paid by commission—I allowed him to sell for other people.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
HENRY CUNNEW . On 5th April the prisoner was in my service, and called over an order from Messrs. Speakman and Co. customers of ours, for three gross of umbrella bands, value 1l. 8s. which was duly entered in our order-book—they were delivered in due course, and the prisoner received his commission upon them—they have never been returned, nor have I received payment for them.
Prisoner. Q. Was I in the habit of taking goods for you to different parties and bringing them back? A. You had done so on two or three occasions.
SAMUEL QUINT . I am in partnership with Mr. Speakman, umbrella and parasol manufacturers, 10, Silver-street—on 8th April, I received from Pearce a parcel from Messrs. Cunnew—I did not open it—I knew the prisoner, but was not aware whether he was Mr. Cunnew himself or his traveller—he called for orders—after these parcels were received, the prisoner called at the warehouse, and Mr. Speakman told him that he did not order the umbrella bands, and would not keep them—the prisoner said, "You
had better keep them, as you will want them"—Mr. Speakman said, "No; I shall not keep them"—I told the prisoner he must take them back, gave the parcel to him, and he took it away—that was a fortnight or three weeks after they were left—a short time after that an invoice came from Messrs. Cunnew for 1l. 8s. and I gave some information to the lad.
JOHN MARK BULL . I took the prisoner on 13th May—I had been in search of him since the 3d—he said that he was very anxious to see Mr. Cunnew to settle the case, and would I take him there in a cab—I said, "No;" and took him to the station—he refused his address, and the goods have not been found.
Prisoner's Defence. I said, "I have no address;" and Mr. Cunnew knew that; after I received these goods I did not see Mr. Cunnew until I was in custody; I do not deny receiving them; I did not want to receive them from the parties.
The prosecutor gave the prisoner a good character.
GUILTY .— Confined Twelve Months.
There was another indictment against the prisoner.
MR. CARTER conducted the Prosecution.
CHARLES PUSEY . I am foreman at Messrs. Stevens and Jackson's coal-yard—on Friday morning, 23d of May, I assisted in finishing to load a van; twenty-two sacks had been loaded overnight, and we completed it from half-past 7 to twenty minutes to 8 in the morning—they were for Mrs. Fleetwood, of Montague House, within a quarter of a mile of Uxbridge—thirty sacks were weighed out, each containing 224 lbs.—they were put into one of my master's vans, and given into Fountain's charge as carman—Collier went to assist him—they left before 8 in the morning—a delivery-ticket, containing the quantity, was given to Fountain with the coals by the boy in the office; I saw that—on the same day, before dinner, I went to Mrs. Fleetwood's and weighed the coals—there were twenty-four sacks, and some litter about would make twenty-five—there are two hundred-weight in a sack.
Cross-examined by MR. LAWRENCE. Q. Do you know how long Fountain has been with Messrs. Stevens and Jackson? A. Two years; something like that—the men are allowed to take orders—I am not aware whether they are allowed to take ready money for them—they may take the money for them with a bill.
Cross-examined by MR. LANGFORD. Q. How came you to call Collier to go with Fountain? A. Because my master authorized me to send a man to assist Fountain as we were a little extra busy—I have known Collier five or six years—he has worked regularly with me for two years—I never heard anything amiss with him.
JOSEPH BLAND . I am in the service of Mrs. Fleetwood, of Montague House—on 22d May, I gave an order to Messrs. Stevens and Jackson for coals, which came in on the 23d, at a quarter-past 8—the prisoner came with them—they were brought in sacks in the usual way—they had to carry them twenty or thirty yards to the cellar, and I placed myself at the kitchen window opposite the coal cellar where the men could not see me, and noticed every sack carried to the cellar—there were either twenty-four or twenty-five—I am sure there were not more than twenty-five—some lumps of coal dropped out of the sacks—one of the men picked them up in his arms, and then Fountain shut the
cellar-door—I said, "Fountain, you have not brought all the Coals"—he said, "Yes, I have"—I laid, "You have not brought in five or six sacks"—he said that he was positively sure he had—he delivered this ticket to me (This was for the delivery of three tons of coal, in thirty sacks)—Fountain said, that two of them coming in with the coals, I must have made a mistake, as they carried them rather quick—I said, "No such thing, Fountain"—I went to the gate to count the empty sacks, and found that Collier and the wagon had gone—I then went to Messrs. Stevens's coal-yard and made a communication, in consequence of which some men were sent to weigh the coals—Mr. Jackson sent for Collier, and asked him if he had delivered coals anywhere else besides Mrs. Fleetwood's—he said that he had not, and that he delivered three tons there—Fountain was not there—I saw the coals weighed; none had been consumed, and if there had been any there before they would have increased the bulk—twenty-five sacks were all that could be found.
Cross-examined by MR. LAWRENCE. Q. Do you swear there was sufficient coal to fill twenty-five sacks? A. Yes.
WILLIAM NORRIS NEAVE (Police-sergeant, T 28). I am stationed at Uxbridge—on 23d May, I received information, and took Fountain in custody—I charged him with stealing five sacks of coal, a portion of the load he should have left at Mrs. Fleetwood's, and leaving them at Sargood's—he said, "I have not left a sack of coal at Sargood's"—Sargood's is about a quarter of a mile from Mrs. Fleetwood's—I afterwards took Collier, and told him he was charged with being concerned with Fountain in stealing five sacks of coals, and disposing of them at Sargood's—he said, "I never went to Sargood's only to give the horses water"—I went to Sargood's and got five sacks of coals—there was about a ton on the premises, but these were shot by themselves.
Cross-examined by MR. LAWRENCE. Q. Where was Fountain when you took him? A. In the town at his work.
SARAH SARGOOD . My husband keeps the Gardener's Arms—I know Fountain—on Friday morning, 23d May, about half-past 8, when I came down he was at the bar and said, "I have brought your coals at last"—I said I do not want them; you did not bring them when I ordered them, and I have got them—he said, "But I have shot them"—I said, "Where is your ticket?"—he said, "I am coming back again and I will bring it"—they were shot by the side of my coals—I had given him an order at a former period—I had never dealt with Stevens and Jackson—the coals were afterwards taken up and taken away by the police.
Cross-examined by MR. LAWRENCE. Q. Had you given orders to Fountain before? A. No; I gave him this order because he was at my house—I would not pay for the coals without a ticket—I believed he had the authority of his master to deliver them, and if they had been brought at the proper time I should have taken them in.
JOHN GOSSETT JACKSON . I am in partnership with Mr. Stevens, as coal and timber merchants—we keep five regular carmen, and often employ six or seven—the prisoners had authority to receive orders and bring them to the counting-house; when they take coals out they take a ticket, and if the parties wish to pay for them they take a receipt likewise, with a delivery note for thirty sacks—it is their duty to deliver the whole quantity—this (produced) is the counter part of the ticket.
Cross-examined by MR. LAWRENCE. Q. Has Fountain been in your employment some years? A. We took the business in 1860, and found
him there, we believed him to be honest until this matter, or we should not have kept him.
Cross-examined by MR. LANGFORD. Q. What has been the character of Collier? A. We never suspected him.
FOUNTAIN— GUILTY .— Confined Twelve Months.
COLLIER— NOT GUILTY .
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Nine Months each.
NEW COURT.—Monday, June 16th, 1862.
PRESENT—Mr. Ald. ALLEN and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
MESSRS. METCALFE and LEWIS conducted the Prosecution.
LOUISA CUMMING . I live at 25, New-street, near the London Hospital—I know the prisoners, but did not know them before 21st March—on 21st March they came and applied for a furnished room—they both spoke—I had a room to let, and a bill in the window—Beecher said that she had a friend from the country—I said, "Oh, have you, indeed"—she said, "You have a room to let, I think"—I said, "Yes, I have"—she said, "My friend requires a room as I cannot accommodate her for a week"—I told her the price of it, and Knight agreed to take it for a week—I asked her in the parlour—she asked me for pen, ink, and paper—I gave them to her, and she took down my name and address—she said that was for her goods to be brought there that night, that she had to go to the Euston-square station to fetch them—she paid a shilling deposit—I asked Knight what time she would be back, as I would get her room in readiness; she said about 9, she thought, and then they left—they came again about 9 o'clock—a cart laden with goods was with them; that surprised me rather, as I expected luggage—I said, "Surely you are not going to deposit those goods in my room?"—I referred to the quantity when I asked that—they were packages done up in a sort of brown holland wrappers—they took them upstairs between them—they did not sleep there that night—in answer to my question they said, "Why, is it not a large room?"—I said, "Yes, for the size of the house, and being a back room, it is"—that was all that took place—they locked the door, took the key, and left, leaving the goods there—Mrs. Knight said she
felt very much fatigued after travelling so far, and she thought the would go and sleep with her friend that night, and then they left—they called occasionally afterwards—they came on the Monday morning, went up into the room, and stayed, it might be, ten minutes or a quarter of an hour—I did not go up with them—they locked the door again when they went away, and took the key with them—I saw them occasionally during the week, from the Friday up to the following Friday—they passed through the passage and went upstairs, without any parcel, unlocked the door and went in, and came down once or twice with a parcel—on the Friday evening I gave notice to the police, and on the Saturday a policeman came and took possession of the goods.
Cross-examined by MR. ORRIDGE. Q. Did Mrs. Beecher point to Knight as a friend of hers? A. Exactly—they generally came together—Mrs. Beecher came once alone and said her friend was ill—they had no street door key—the children generally opened the door—I was not generally present then—I did not always come in, but when I did they were without parcels—I was dusting my front parlour when I saw them—I saw them come in at the front-door and go upstairs—I would not swear that they had no parcel on the occasions when I did not open the door—when I was dusting in the front-parlour I could not be off seeing them—Beecher paid the rent on the Friday night, and that same evening that I gave notice.
COURT. Q. What was the size of the parcel that you saw them taking away? A. Not very large; about a foot long, such as people might get at a linen draper's—it was not a parcel that could be carried in a woman's ordinary pocket.
MR. METCALFE. Q. Was it on more than one occasion that you saw the parcels carried away? A. Once or twice only.
THOMAS COLLINS . I am an assistant messenger to the Court of Bankruptey—I produce the proceedings in the matter of James William Beecher, carrying on business at 55, and 186, Brick-lane, Spitalfields, tailor and trimming seller (The petition was dated 24th January and the adjudication of his bankruptcy on 24th January, Henry Howes appointed trade assignee on 12th February).
GEORGE PULLEN (Police-sergeant, K 10). About 20 minutes to 12 o'clock on 29th March, I went into 29, New-street, Stepney, Mrs. Cumming's house, and remained till 12, when I saw the two prisoners come along the passage and go upstairs into a back room on the first-floor—they remained there about ten minutes; they unlooked the door with a key—I opened the door and went in, saw Knight with this large brown parcel (produced) done up in brown canvas—I had a constable with me—on seeing her catch hold of the parcel I went up to her and said, "Hallo, what are you up to here? I am a police-sergeant; this is a police-constable with me"—Knight immediately said, "Oh, good God, I expected this"—I told her that they must go to the station with me—Beecher then said, "It is all right; my father, Mr. Sykes, executed a bill of sale on those goods," or "lent money"—I then took them to the station—there were about 40 parcels in the room, some larger and some smaller than these.
COURT. Q. Have you brought the other forty parcels here? A. No; I have only brought two.
HENRY HOWES . I reside at 23, High-street, Whitechapel—I was appointed trade assignee under the bankruptcy of Beecher—I know both the prisoners—I have seen the thirty or forty parcels in the room at Mrs. Cumming's house—the room was pointed out to me by the policeman—
Mrs. Cumming was present, but neither of the prisoners—Beecher was at the station—I had seen most of those goods previously on the bankrupt's premises—I had sold him the greater part of the goods myself—I had last seen them on the bankrupt's premises about the middle of December—I cannot swear that I have seen any portion of them later than that.
Cross-examined by MR. ORRIDGE. Q. You are still dealing with Mr. Beecher, the bankrupt, are you not? A. He sends occasionally to my shop for small things—I am still dealing with him—I let him have things when he sends, and he sends the money for them—his shop is 186, Brick-lane; he is there—I have not been to his house once within the last three weeks or month—I swear that—Mr. Beecher is the husband of the prisoner Beecher—I cannot refuse to serve him if he sends—he gave me some duplicates—I do not know what they are for—I have not taken them out—I have looked at them—these are them (produced)—I do not know that one relates to his wife's ring—I did not offer to forego all opposition for 5s. in the pound—I was never offered anything.
THOMAS WOOD . I reside at 18, King Edward-street, Mile-end Newtown, and have a horse and cart—about three months ago Mrs. Faveli left word that I was to be up there by Brick-lane, by 6 o'clock—Mrs. Beecher was not present—I saw her afterwards; she drove in the cart with me and Mrs. Faveli to a street in Tottenham-court-road—it was three months ago that I went to Brick-lane—it was to Mrs. Beecher's house—I believe Mr. Beecher lives there now—it was in the afternoon—I went with the cart and horse, and took Mrs. Faveli and Mrs. Beecher to the West-end—we went to a private house, where some bundles were handed to me by Mrs. Faveli and Mrs. Beecher, and I put them in the cart—I did not know what they contained—Mrs. Beecher and Mrs. Faveli told me to go to Whitechapel clock as I understood her, but it was the hospital clock; I misunderstood her—I drove there, found I was mistaken, and when I could not see any one there I went back to Mrs. Beecher's house in Brick-lane, which is very near Whitechapel-church—I stayed there some time, but did not see Mrs. Beecher there—I afterwards saw her or her sister, Knight, I cannot say which, and then I drove to the hospital clock, where I saw Mrs. Faveli, Mrs. Beecher, and Mrs. Knight—either Mrs. Faveli or Mrs. Beecher said, "Come on, Wood"—it was in the dark—I said, "Jump up"—they said, "No; we will walk," and they all walked till they got to Mrs. Cumming's house, at the back of the hospital—I unloaded the cart there and delivered the things to Mrs. Faveli, and they handed them into the passage—the others did not assist in unloading the cart—I suppose it was in their presence; they were in the passage—I believe that everything that was said was in the hearing of each of them.
Cross-examined. Q. Did you advise that Mrs. Faveli should not be prosecuted? A. I never said a word about it—I have not been before the Magistrate.
EMMA FAVELI . I recollect the day I went with the last witness in his cart—I do not recollect the date; to the best of my recollection, it was 21st March—I started from Brick-lane, and went up the Tottenham-court-road—I really do not know where the cart took me to—some parcels were placed in the cart, and we then drove to Oxford-street, Stepney, Mrs. Cumming's—Mrs. Beecher was with me—she did not go by the direction of any one—I assisted to load the cart—Mrs. Beecher and her friends were present at the loading, a man and woman—I cannot say who they were—I also assisted at the unloading; that was not of my own accord—I did it at the invitation
of Mrs. Beecher—Mrs. Beecher, Mrs. Knight, myself, and the carman, were present at the unloading.
Cross-examined. Q. Were you in Mr. Beecher's service as shopwoman? A. Yes—I am not now—the shop it mine now.
MARIA DYER . I live at St. George's-terrace, Borough—I recollect the day of the last examination of Mr. Beecher—I am his sister—I was present the whole time of his examination—I was taken to be his wife; it was stated in the paper that it was his wife there crying—it was I—I recollect a conversation between Mr. and Mrs. Beecher at Mr. Benham's office—that was the same day—I followed him from the Court to Mr. Benham's office—Mrs. Beecher was sent for in a cab—she came into the room and said, "Now, James Beecher, I have done with you."
MR. ORRIDGE. Q. Where did this conversation take place? A. At Mr. Benham's office, in the Poultry—Mr. Benham was present—he was Mr. Beecher's solicitor—MR. ORRIDGE contended that this conversation between husband and wife was confidential, and could not be evidence; that if they chose to converse together it could not be admitted in consequence of a third person hearing what took place, and that the husband could not be called to say what took place.—MR. LEWIS submitted that the not being able to call the husband did not invalidate the conversation at all, but he wished to show that there were no grounds upon which it might be said that the wife was acting under the coercion of her husband, and could not therefore be in the indictment.—THE COURT, after consulting the Recorder, considered that the conversation was not within the privilege)—Mrs. Beecher came, and throwing up her arms, said, "Now, James Beecher, I have done with you; you have no home; you can't go home"—he said, "What am I to do?"—she said she did not know, and did not care; she should do the best for herself; and Mr. Benham then replied that he must get the Surrey side of the water, "wait at a coffee-shop, get where you can; get where you like"—Mr. Beecher walked about the room—I do not recollect his saying anything—he was half frantic then, as he was in Court when he appeared for his bankruptcy.
COURT. Q. Do you mean that he was to go to a coffee-shop and hide himself, or did Mr. Benham mention any coffee-shop? A. No; he mentioned no coffee-shop—he said if he waited on that side two hours he would be arrested; and then Mrs. Beecher told me to take him home, and I did so, and he was in King William-street, and had got half way—he turned back, and went to Mr. Benham's office again—Mrs. Beecher was present all the time—I followed him back to the office—Mrs. Beecher's sister was also there—she came out and would have nothing to say to him, and then he came out directly and went home with me.
MR. LEWIS. Q. You said something about Mrs. Beecher having said, "Do the best you can for yourself?" A. She said, "Do what you can, do what you like, I shall do the best I can for myself; what's to become of me and my children?"—I was with my brother all the time from his going up to the Bankruptcy Court to the time he went to Mr. Benham's.
Cross-examined. Q. Was this the day Mr. Beecher was committed for contempt of Court? A. Yes—he was in Court—he was the worse for liquor, and misbehaved himself so much that the Commissioner committed him.
THE COURT considered that there was no case against the prisoners.
NOT GUILTY .
PLEADED GUILTY .
MR. SLEIGH stated that the prisoner had been made the dupe of another man, whose supposed address he had given to the solicitor.—MR. PATER stated that the prosecutor did not wish to press the case against him on account of his youth and previous good conduct. The prosecutor stated that he had forgiven the prisoner 35l. 2s. 6d. about the end of April, before the present case was discovered; but he believed that it was true that the prisoner had been influenced by some man.
PLEADED GUILTY .— Confined Three Months.
MR. GENT conducted the Prosecution.
JACOB ABRAHAMS . I am a tailor, at 25, Duke-street, Aldgate—the prisoner came to work at my house—he was there about the 18th of last month—he was there about two months; not exactly in my employment—he used to be downstairs, to do anything—on 18th May I sent him on an errand—he did not come back—I never saw him again till I saw him in custody—I missed a Crimean medal and a coat—I missed a good many things before that—I did not take any notice of it—this (produced) is the coat I missed—it was hanging on a row in the bedroom when the prisoner went on this errand—that room was not locked up—he could have gone there if he wished—I have not seen the medal; it was in a little tin-box in the drawer, in the same place where the coat was—my wife had the medal in her hand that day—I also saw the coat the same day—I know this to be the coat I lost; I told all the marks that were on it before I looked at it—it is worth about 10s. to me.
Prisoner. The Sunday I was taken at Victoria-park there were two witnesses with me that knew where I bought the coat, but I was taken to Arbour-square-station, and it was too far for them to go—I did not know where they lived.
COURT. Q. What day was it? A. 18th May—I cannot say exactly what day, but I think it was the middle of the week.
MR. GENT. What time was it that the prisoner left? A. I cannot say exactly; I think between 2 and 3 o'clock.
JAMES BRETT (Policeman, K 371). I was on duty near Victoria-park about half-past 6 on Sunday evening, June the 1st—from information I received I took the prisoner in custody for stealing a coat and Crimean medal—a friend of the prosecutor's saw him in the park, and followed him out—he was wearing the coat—I told him he must go with me to the station for stealing a coat and a medal—he spoke to the party who gave me the information, and said he could not prove it—he gave me an address—I went to his lodging, but he had left there about a fortnight—he lodged there for about two nights, but left about 18th May, the time the robbery was committed—I cannot find the medal.
Prisoner's Defence. Two witnesses saw me give the money down for the coat. I do not know where they live; it was just after I had done work
at Billingsgate-market, and going through Petticoat-lane, I bought it there. At the place I was at they gave me a bottle and 2d. to go and get some brandy; they used to give me 4d., and when I had done a hard day's work they used to give me 6d. I broke the bottle, and went down to Billingsgate. I had not been there fire minutes before a man asked me if I would carry some winkles for him to Smithfield; I said I would, and I never went back to the other place any more. I left Cohen's lodging-house because they said it was going to be broken up, and I lodged at 64, Wimpole-street, Spital-fields. When the prosecutor's friend met me I was against a new drinking fountain; he asked me about a medal first, and never about a coat. He asked me if I would walk down as far as some house. I said I would. I had a pipe, and when we got out of the house he said, "Oh! there is the gentleman; I will go over to him." I said, "I will go with you," and then he gave me in charge to the policeman.
COURT to JACOB ABRAHAMS. Q. Did you send him out with a bottle and 2d.? A. Yes.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
ELIZABETH SHARER . I am the wife of Philip Sharer, of 11, Grangecrescent, Sunderland, and am staying at 60, Thornhill-square, Islington—on Wednesday, 28th May, I was going to Greenwich with my son—he took the tickets and paid for them, and we were waiting for the boat, on the wooden quay at Upper Thames-street, when I felt my pocket touched very slightly—I turned round and saw the prisoner Davi just turning on his heel away from me—he walked away, and my son came up; he had left me a moment and it was while he was away that I felt my pocket touched—when I felt the touch I put my hand in my pocket and found my purse gone—I said to my son, "My pocket has been picked; that person was close to my side, he must have taken it away"—I pointed Davi out to my son, and said, "We must keep him in view; we must not let him escape"—we walked up the pier and when he saw us following him he turned and went on to a boat that was waiting there—I spoke to an elderly gentleman that was near, and told him, and we went on board the boat—I did not see him on board the boat; I just looked on board and saw he was not there—when I came back the gentleman had told the captain of the steamboat of it—when I came back I saw Davi in the cabin looking out of the window—I saw him turn his back and cast a look under his hat, and I saw that it was him—it was the cabin window of the boat I had seen him go into—I pointed him out immediately to the mate, and the mate said there were two persons on board—he was given into custody—the purse contained three sovereigns, one half-sovereign, two florins, and six shillings in silver—I believe there was a penny and a piece of gold beater's skin besides—Davi was the only person near me at the time I felt my pocket touched.
Cross-examined by MR. DICKIE (for Davi). Q. You have not got your purse, have you? A. No—I heard that the prisoner was searched—there were not many people on the lighter at the time; there were a few—the prisoner did not run; he walked away.
Wilson. Q. Did you see me? A. I saw a person sitting on one side in the cabin, and when the other prisoner was accused he rose, but whether it was you I cannot say—I did not see you till afterwards, when he was being searched—there were other gentlemen in the cabin at the time—I heard some
one say that something had been thrown out of the cabin window, and likewise on the fire; indeed, I saw the remains of it burning on the fire, but I don't know what it was—I did not observe anyone reading in the cabin when I went down, or anyone with a pocket-book, writing—there were three on the right and three on the left when I went down.
RICHARD COE . I am a carrier, living at 112, Brussells-street, Bermondsey—on Wednesday, 28th May, I was on the dummy—I was going to take a ticket on the opposite side to where they take the tickets for Greenwich—I saw the prisoners there together—I saw Davi try the last witness's pocket by lifting it up at the side—I saw her go on to the lighter—there were five or six persons getting tickets, and I could not get down in time or I should have followed her down—they will not let persons pass without a ticket—Wilson was close to Davi when he tried her pocket—she went on down to the lighter—the prisoners followed close behind her, and I lost sight of them—I saw Wilson being brought back—he said he had got a halfpenny in his pocket; I believe that was Davi—then he said he had got 1s. 6d. or 2s., and afterwards he said he had got a half-sovereign—I was present when he was searched—half a sovereign was found on him, nothing else—a Thames police-constable searched him—I do not know his name.
Cross-examined by MR. DICKIE. Q. Was there a ticket found on him? A. I believe there was a ticket for the pier—I cannot tell you where it was to—the lady had taken a ticket from the Woolwich Steamboat box—there are two boxes on the pier, one for up the water and one down—I never saw the purse; if I had, I should have stopped them with it.
Wilson. Q. Did you see me at the side of Davi? A. Certainly I did; and I saw him in the act of picking the lady's pocket—she was then taking her ticket at the Woolwich box; she and her son were there together?—you did not say that you had only got a halfpenny in coppers—you took the half-sovereign out five minutes afterwards—the other one had been searched in the mean time.
LUKE BUSHELL . I am mate of the Black Prince steamboat, which was lying alongside of the pier at London-bridge last Wednesday fortnight—I was in the cabin eating my dinner, about half-past 12—there was a fire near me—the two prisoners came downstairs, almost falling down, they were in such a hurry—they sat down opposite me, with their knees together and their bodies away from one another, and their hands down between their bodies—I saw Davi roll up some paper and throw it in the fire, and the other one I saw scuffle towards the second port and throw something out of the window; it shone with the sun on it like gilt or brass—the pier man then came down, not Mr. Mackay, but the other one—he came before Mrs. Sharer, and then he went up again and said to the lady, "Come down," and she pointed out Davi directly, and he was taken into custody, and Wilson also about two minutes afterwards.
Cross-examined. Q. Did you hear the rattling of any money? A. No—our stairs are not very steep—ours is a new boat—they make the stairs more slanting now.
Wilson. Q. When I was in the cabin, was there not a gentleman with a pocket-book in his hand? A. Yes; there were two gentlemen, yourself, me, and a boy—the boy was cleaning a tin teapot right opposite me—it was not till after the lady accused Davi of stealing the purse that I said I had seen you throw something out of the window, because you were not given in custody—I told her that I saw you with that young man in the act of throwing something out; I did not tell her that in the cabin, but I said, "There
are the ashes in the fire"—I did not tell her at once, because you were not given into custody; the lady had gone off with the other one, and when Mr. Mackay came to the top of the stairs, I was talking to you.
WILLIAM MACKAY . I am the pier-master at London-bridge—I was on the dummy on 28th May—my attention was called by seeing the shortest prisoner brought up by a Thames police-officer out of the boat, and I was about going up to see what was amiss—Captain Johnson, of the Black Prince, followed, and said, "Mr. Mackay, that is the party on my boat these; he has been down in the cabin with him"—that was Wilson, and he said, "You ought to take him into custody as well," and I took him—I asked him what he had on him—he told me he had a halfpenny—I said, "Are you sure you have got no more?" and then he said 1s. 6d. or 2s.—Kingsford, the officer, was searching him at the time—1s. 6d. was found on him, and I said, "Are you sure you have got no more?"—he said, "Yes, I have 10s. or 12s."
Cross-examined. Q. Then you did not see the purse found? A. I did not—I saw no more than what I have stated.
Wilson. Q. Did not I tell you I had only a halfpenny in coppers? A. Yes—you told me that you had 1s. 6d. or 2s. in silver, and after a lapse of time, when I put the question to you, you said you had half a sovereign in gold.
COURT. Q. Did he tell you all this at once? A. No—it was while the searching was going on, and the money was being found—I am sure that was so—I questioned him to see whether he was a companion of the other or not; he was a strange face to me—I see a great many of them.
JOHN KINGSFORD (Thames-policeman 6). I took Davi into custody on board the Black Prince, on 28th May—Mrs. Sharer charged him with stealing her purse—I searched him and found nothing on him—I searched Wilson afterwards and found on him a half-sovereign, sixpence, a halfpenny, and a knife—I asked him where he lived—he said he had only come from Dublin four days previously, that he lodged in a coffee-shop, and did not know the name of it, nor of the street where it was—Davi gave his address, "4, Canal-terrace, Camden-town"—I have been there and he was not known there.
Wilson. Q. Are you positive that you found a knife on me? A. Yes, I found all the property on you—(Davi's statement before the Magistrate was here read at follows: "Please you, my Lord, can't you settle it?"
Cross-examined by MR. DICKIE. Q. Did you find a ticket? A. Yes, a penny ticket, which would take him as far as Lambeth—there is one place to get the Woolwich tickets from and another to get the Lambeth tickets from.
COURT to ELIZABETH SHARER. Q. When had you seen your purse before you missed it? A. A very short time before—I had four sovereigns, and I thought before going down to the boat, it would be only prudent to change one, and I went down to a tobacconist's shop before I got to the bridge, and changed one of the sovereigns—it was all right then, and I put it in my pocket again.
Wilson's Defence. I was sitting in the cabin, and was brought out and asked what I had about me. I said, "A halfpenny in copper, 1s. 6d. or 2s. in silver, and half a sovereign as well." If I had anything to do with that purse, should I not have had the money on me?
GUILTY .— Confined Twelve Months each.
OLD COURT.—Tuesday, June 17th, 1862.
PRESENT—SIR ROBERT WALTER CARDEN, Knt. Ald.; Mr. RECORDER;
Mr. Ald. WILLIAM LAWRENCE; and Mr. Ald. JAMES LAWRENCE.
Before Mr. Recorder.
MR. ORRIDGE conducted the Prosecution.
WILLIAM JOSEPH PARKER . I am clerk to Ebenezer Howard, a salesman, in Leadenhall-market—on 14th April, about 5 in the evening, the prisoner came and said that he wished to pay his account—I asked him what name; he said Nix, and told me the amount, 1l. 18s.; I referred to the ledger and found it correct—he tendered me this cheque (produced), and I wrote the name of Nix on the back (This was dated April 11, 1862; drawn by Henry Dawson on the bank of Sir Charles Price, Bart., for 11l. payable to Mr. Rossi)—I said that it was not usual for us to change cheques; but he said that Mr. Dawson wanted it particularly that evening—I had seen him before, and knew his face, and I gave him the change, 9l.—he returned the two shillings, saying, "As it has been owing some time, never mind the two shillings"—he said, "Mr. Howard has known me some time"—that is the only account in the name of Nix in the books.
Cross-examined by MR. SLEIGH. Q. Had you previously supplied him with goods? A. Not myself—I am the clerk—I have seen him there, I may say, for twelve months.
Cross-examined. Q. Whence is that knowledge derived? A. From searching our books—I have been there about fourteen years—we have entered in a certain book, the names of all the customers in the bank; that is in the customers' writing—I have not brought it here—(The witness was directed to fetch the book).
SAMUEL NIX . I live at Blackheath-park, and have for some years been a customer of Mr. Howard, of Leadenhall-market—I do not know the prisoner—I did not owe Mr. Howell anything on 14th April—I never authorised the prisoner to pay anything for me.
ANTHONY WILSON MONGER (City-policeman). I took the prisoner, on 19th May, at 12, Oakley-street, Orchard-street—I have known him several years by the name of Rossi—he was at supper, and I said, "How do you do, James?"—he got up, and said, "Oh, Mr. Monger; I know what you want me for"—I told him it was for passing a forged cheque at Mr. Howard's, in Leadenhall-market—he said that he had passed the cheque, but did not know that it was forged; he had given value for it—I gave him a caution, and told him there were a great many cheques in circulation, and some of the same kind—I did not say by whom they were drawn—I asked him where he got it from; he said, "You must excuse me, Mr. Monger, for not telling you; I will explain all to my solicitor to-morrow"—I then took him in custody—he gave the name of Rossi at the station.
Cross-examined. Q. Did you find him living with his mother-in-law? A. Yes—after a great deal of trouble he said that he did not know the cheque was forged—there were about a dozen people in the house.
THOMAS HORTON UPJOHN . I am clerk to Mr. Howard, a salesman, in Leadenhall-market, and have been there for the last sixteen years—I have known the prisoner about two years, as occasionally purchasing poultry there—he paid for what he had at the former part of the time, and gave me the name of Nix—I know Mr. Nix, of Blackheath, perfectly well; I never spoke to the prisoner about him; but the prisoner stated that I was in the habit of serving Mr. Nix with poultry, and he hoped I should serve him as well.
Cross-examined. Q. Was that the first time he bought anything of you, two years ago? A. Yes—he paid for about nine months, and from that time till he paid the last account he used to run up a little score, a few shillings, or 1l., and then pay it—when he first ran up a bill I asked what name I should book the goods in; he did not jokingly say, "Any name you please," nor did I then put down "Nix," which means "nothing"—I did not go to his mother-in-law's house before he was taken, but I heard that Mr. Parker did.
MR. SLEIGH to W. J. PARKER. Q. Did you go to his mother-in-law's? A. I went with the detective when he was taken in custody, but not before; I did not know his address—his mother-in-law came to the shop the day he was taken, and also about two weeks before—I did not offer to take the money by instalments if she would pay me.
COURT to H.J. WOOD. Q. Have you got the book with the names of the customers? A. Yes—the name of Dawson is not in it.
MR. SLEIGH. Q. Does one book contain the autographs of the customers? A. Yes; these two books are both the same, only one is an old one and the other a new one—there is no other book which contains a register of the names of the customers at the bank.
MR. SLEIGH Called
MARIA NICHOLLS . The prisoner is married to my daughter—he resided with me at 12, Crawford-street, Portman-square—about four years ago a person named Lee Stratford was introduced to my family, and from that time he has been, until lately, in the habit of calling at my house, and on terms of acquaintance with me, and my son-in-law, and daughter—he was introduced by a friend, named Marryat, a private gentleman, who lives at Grove House, Bayswater—I have been a customer of Mr. Howard's, for poultry, for twenty-seven or twenty-eight years—I know nothing personally about this cheque having come into my son-in-law's hands.
Cross-examined by MR. ORRIDGE. Q. How long have you lived in this house? A. About three months—before that I was living in Oxford-street, number 103 or 303, I forget which; it is a tailor's—I lodged there three months—I lived at Starch-green before that—the prisoner married my daughter three years ago last May—I knew Lee before that—I was in the room when Lee was taken in custody—that was a week before the prisoner was taken—Lee did not lodge at my house—I lodge there, and occupy the first and second floors, with my six children and my husband—Lee came there one day and went back the same day—on the day he was taken in custody he came, about half an hour before the occurrence—Mr. Marryat is here—the prisoner has been a clerk at Mr. Copplestone's, in Mincing-lane, as late as January, I think, but I cannot speak to the exact time he left—he was out of employ for, I should think, twelve months before that—he was at Copplestone's about four months—he has, I believe, done business on his own account—I have heard of his being in situations—he had no regular place of business that I am aware of—I recollect his bringing a moderator lamp to my place once—I only know of one.
MR. SLEIGH. Q. Was his father a wine merchant, and have you been in much better circumstances than you are now? A. Much better; the prisoner has lodged with me eight or nine years—he lived with me before his marriage.
JOHN EDWARD HILL . I live at Pelham Cottage, Howard-road, and am the prisoner's brother-in-law—I have been in the habit of calling at Mrs. Nicholls continually—I have seen a person named Lee, or Lee Stratford, as a visitor there—one afternoon in April, I should say, I met the prisoner and Mr. Stratford in the City—the prisoner had not been able to get a cross cheque cashed, and having facilities in that way, I endeavoured at two places to get it cashed, but my friends had not enough money—this is the cheque—I returned it to the prisoner—I asked Stratford as to whether the man was a good man, because I should not like a cross cheque to get changed, unless I thought it was genuine, and his answer was that he had plenty at the bank to meet it, and more if required.
Cross-examined. Q. Did you attempt to get it cashed more than once? A. Yes; twice on the same day—I was with the prisoner then—I first went to a man named Vaughan, in Broad-street—he said that his partner was out of town, and he did not pass cheques through his bankers in his absence—I then went to the place where I have my lunches, but they had not sufficient—I did not hear what the cheque was given for—the prisoner did not tell me, and I did not ask Lee—I was before the Magistrate when Stratford was examined, but was not called.
MR. SLEIGH. Q. Do you know that the prisoner was short of money, and was trying to borrow? A. I was not aware that he was particularly pressed for money.
FREDERICK MARRYAT . I live at Grove House, Bayswater—I am acquainted with Mrs. Nicholl and her family—I have known Lee Stratford fifteen years, and believed him to be a respectable person—I was the means of introducing him to the prisoner about four years ago—if I had not believed him to be a person of character and means, I would not have associated with him—his name is William Lee Stratford—Lee is his Christian name—I do not know his family.
Cross-examined. Q. Have you known Stratford as having living with the prisoner? A. No; he never lived there when I first knew him—he lived at Bayswater—I do not know where he lived at this time—he lived at Pimlico when I last knew him—I think it was Stanley-street; I am not sure—that is four or five months ago—I have not been there, but I believe he was lodging there—I have met him lately at different places.
T.H. UPJOHN (re-examined.) The prisoner owed us 1l. 18s. in the name of Nix.
GUILTY.—The officer Monger stated that several other similar cases could have been preferred against the prisoner .— Six Years' Penal Servitude.
MR. WILLIAMS, for the prosecution, offered no evidence.
NOT GUILTY .
PLEADED GUILTY.—Recommended to mercy by the prosecutor.
Confined Twelve Months.
No evidence was offered.
NOT GUILTY .
625. EDWARD HUGHES (37) , Stealing, on 1st February, 169 pieces of leather, and on 4th June, 151 pieces of leather, the property of Ebenezer Homan, his master; also, on 2d June, 642 pieces of Leather, 2lbs. of string, and other articles; and on 6th June, 7 pieces of leather, the property of his said master; to both which he PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY . **— Four Years' Penal Servitude.
PLEADED GUILTY .—Recommended to mercy by the prosecutors.
Confined Twelve Months.
PLEADED GUILTY.— Confined Six Months.
629. CHARLES ADENEY (28) , Embezzling the sums of 41l. 2s. 2d.; also, 4l. 11s. 6d.; also, 8l. 19s. 6d.; the moneys of William Hill Collingridge, his master, having been before convicted; to all which he
PLEADED GUILTY .— Four Years' Penal Servitude.
MR. GIFFARD conducted the Prosecution.
WILLIAM GILPIN . I am assistant to my father, William Gilpin, of 142, High-street, Borough—on 11th April, the prisoner came and ordered goods to the amount of 3l. 19s. 5d.—I took them to his lodgings, 5, Trinity-place, Trinity-street, and saw him write this cheque, which he gave me—(This was dater April 11th, 1862, drawn by John Wilson, on the Union Bank of London, for 4l. payable to Mr. Gilpin, or bearer)—I gave him 7d. change.
Cross-examined by MR. METCALFE. Q. Was anyone with you when the prisoner came? A. I did not see the prisoner, but I saw the goods out off by Mr. Hart, who served him—nobody else was present in the shop—I was merely looking on—I had nothing to do—I took the parcel to the lodging and got the cheque—a young lady opened the door—I think she is the daughter of the person who keeps the house—the is not here, but her mother is—Mr. Hart is not here, nor my brother—the cheque was drawn in the front-parlour—nobody was in the room, and the prisoner looked the door—he was standing at the parlour door when I knocked—the young lady saw him—I have made no effort to get her here—Mr. Hart is still in our service—I have never seen the prisoner before—he was a quarter of an hour in the shop—he had on a cape without sleeves, and a hat.
DIANA SALMON . I keep the house 5, Trinity-terrace, Borough—on a Thursday in April the prisoner came to me to take some rooms—he said that he liked the parlour very much—he never went up to the bed-room—he came again on Friday, but only stopped five or ten minutes—he told my granddaughter he expected his things to be there soon, and she was to take
them in—a knock came to the door, and he came out of the parlour and took a parcel in of a man—he went away, and I never saw him again till now.
Cross-examined. Q. Did he remain there on Thursday night? A. No; he went away directly, and said that he would be there on Friday morning, which he was, and stopped about five minutes, and the young man with the parcel came two minutes after him—I saw him twice on Thursday, and on Friday I asked him for references, and my granddaughter was to go after them—I did not, when I first saw the prisoner, say that I thought he was not the man; but he is very much altered, and I told the officer so; he is thinner a great deal—my granddaughter is living with me now; she is not here, because she was not subpoenaed—she saw a great deal more of him than I did; he spoke to her—she has not seen him in gaol.
COURT. Q. Did he mention his name? A. Yes—I cannot recollect what it was, but it was not Saffery.
THEOPHILUS DAVIS . I am shopman to James Worley, of Newington-butts—on 16th April the prisoner came there and purchased goods to the amount of 4l. 12s.—he wrote his address on the back of the invoice, "James Harris, 6, Harding-terrace, Abbott-street, Penton-place," and ordered the goods to be sent there—I took them, and he wrote me this cheque—(This was dated April 16th, 1862, on the Union Bank of London, for 5l. payable to J. Worley, or bearer, and signed "James Harris.")
Cross-examined. Q. I believe you have always said you would not swear who that person was? A. I have sworn to him—I swear positively that he is the man—I was positive at first—I said, "The person who I believe to be the prisoner;" that is the same thing—I am more certain now, because I have seen more of him—I was certain then, but I used a different form of language—I saw him while he was being served with the goods—Mr. Worley served him—he is not here—I handed the goods to him, and stood by waiting on him—the prisoner opened the door to me when I took the goods home, and the landlady was in the passage.
COURT. Q. Had he the cheque loose? A. He took it from a cheque-book, in which there were about half a dozen left.
ELIZA FAREBROTHER . I live at 6, Harding-terrace, Newington—I remember somebody coming there to take apartments—the prisoner looks like him, but he is very much changed—the person was not there more than ten minutes—he left, and returned in about an hour—somebody followed him with a parcel, and he opened the door to them himself—he left almost directly afterwards, and I did not see him again till he was in custody—he took the apartments in the name of James Harris.
WILLIAM BARKER . I am clerk to Charles Williams, of 91, Minories, provision dealer—he keeps an account at the Union Bank of London—I have not got his cheque-book here; it is stolen, but I have the cheques before and after this one—the book was stolen on the date of the last cheque, between the night of the 27th and the morning of 28th.
THOMAS FOTHERINGAM RANKIN . I am principal cashier at the Union Bank of London—Mr. Peter Northall Laurie is one of the partners—these two cheques and four others produced are part of a cheque-book issued to Mr. Charles Williams—each cheque is consecutively numbered—neither James Wilson nor James Harris keep an account at our bank.
MR. METCALFE. Q. Between 1 and 3 the whole transaction was complete?
plete? A. Yes; it was twenty minutes to 3 when I took the cheque—I followed the prisoner into our shop in about ten minutes or a quarter of an hour, or three-quarters of an hour at the latest.
MR. METCALFE called
CHARLES SAFFERY . I am the prisoner's brother, and am a private in the 2d Battalion of the Military Train—I have been in the Army about seven years—I have been in China, and arrived in England about 24th March, having been away two years and nine months—I got my leave on 8th April, and saw my brother on 10th—he was living at 24, Queen-street, Pimlico—I met him at my mother's house at Hackney, on 10th—we went to Mr. Scott's, and had some ale—I went home with him to Pimlico, stopped with him all night, and next morning about half-past 6 I left him—he joined me again about half-past 11 in Hackney, and we kept company till half-past 11 at night—I did not lose sight of him for a moment—we were at Mr. Brown's, the Lamb, in the afternoon, playing at skittles—we did not go out of Hackney till half-past 5 o'clock—I will swear he was not out of Hackney till half-past 11—I did not see him on 12th—I wrote to him on 13th, and saw him in the afternoon—I saw him at our house on 15th, in the evening, at my mother's house, at Hackney—on 16th he met me again at my mother's house, at a quarter past 12—we had some dinner, and stopped in till 2 o'clock—we then went to Mr. Scott's, and had some ale—we commenced gambling, and stopped till 4 o'clock—we then went to Shoreditch, and, being without money, my brother went and pledged my father's gold pencil-case for me, in the name of James Smith, Walworth, at Mr. Francis Cotton's—I remained with my brother till half-past 12—the next morning we went to Mr. Brown's, the Lamb, and to Mr. Scott's, both in Hackney, and we also called at the Catherine Wheel—we never went over the water at all, nor did my brother, but he did afterwards, about 24th or 25th, after, a place at the Camberwell Brewery—he did not go over there on any of these dates—he was dressed in a grey coat, dark overalls, and a hat—I did not see him in an Inverness cape; he could not bear to see anybody dressed in one.
Cross-examined by MR. GIFFARD. Q. Have you been in the Military Train seven years? A. No; I was discharged at the reduction of the Army in 1856, after the Crimea, but was only one month out—I have only joined the Second Batalion two months, but after a month's interval I went from the 38th Foot in the Military Train—I enlisted on 18th July, 1856, and was discharged in the same year—on the afternoon of 11th, we went to Mr. Brace's, who keeps a public-house in Hackney—I do not know the exact street; it is just out of the Wick-road—I have not seen him here, nor anyone who saw me there—we stopped there till about 4, my brother and myself, and Yarnell and Smith, who were playing at skittles with us—I have not seen them here—we went to Scott's at 4 o'clock—he keeps the Duke of Cambridge public-house in Hackney—I cannot say who we saw there—we had several glasses of ale at the bar, and went back to my mother's house—we got there about 9—we were doing several things from 4 o'clock till 9; we stayed at the bar gambling for one thing, going a round robin for glasses all round—there were other persons with us—they are not here—my brother lives by his pen, as a clerk to the gas company—he was with my father before that—he was doing nothing at this time—he lived in a furnished lodging in Pimlico—I never saw him from 28th or 29th April till now—he was not doing anything
since April for a living to my knowledge—my brother came to our house on 16th, a little before dinner time; that is, 1 o'clock—he partook of dinner, and we went out and went to Mr. Scott's, gambling—I had the money—I had saved it up while I was on a foreign station—we both joined in the gambling—I paid for the prisoner—I first saw in the papers that my brother was in custody—I cannot say what date it was that he was taken in custody, but it was 18th May I saw it in the paper—I afterwards received a letter—I cannot say when it was, but I remember the 11th and 16th by the circumstances which occurred; for instance, pledging my father's gold pencil-case on 16th, and the 11th was the first time I had seen my brother for four years—I saw him on the 10th, but we stopped together till the pawning on the 11th—we slept together in the same bed, at 49, Queen-street, Pimlico; that is the only reason I remember the 11th—I am positive it was not the 12th—on 9th I got my furlough, and on 10th I found out where my mother lived—I went to Tottenham, wrote a letter, and had got the stamp nearly fixed on it, when he came—I cannot say how I came not to see him on 12th—he did not assign any reason for not coming—the 11th and 16th are not the only days I was with him all day; we were together all day on Good Friday and Easter Sunday—on Good Friday, he and his wife and a friend of his stopped at our house the whole day—we were enjoying ourselves in our own house, and he did not leave till 9 o'clock at night—I did not go before the Magistrate to prove what I have proved to-day—to the best of my knowledge, it is sixteen days since I first heard it was desirable to prove where my brother was on 11th—it was after he was committed for trial—I saw by the newspapers that he had been taken in custody, but did not go before the Magistrate, because I did not know I should be required—it did not state the whole of the facts—I did not communicate with my brother when I found he was in custody, and have not done so to this moment.
MR. METCALFE. Q. What is your medal? A. The China war.
ELIZABETH SAFFERY . I am a widow, and am the prisoner's mother—I do not exactly remember the date that Charles Saffery came home, but it was the 9th I think—my house is in Hackney—he came there alone, and next day the prisoner saw him there—I think they went out together, and I think my son slept with him all night at my house—I cannot remember what night that was—they were a good deal together for four or five days, but I did not see them a great deal at my house, but they were backwards and forwards.
SAMUEL PRIEST . I live at 49, Queen-street, Pimlico—the prisoner lodged with me from 17th March till he was taken in custody—while he lodged there, the soldier there came four or five times—he was there all night—I do not recollect the date—they slept in the prisoner's apartments—they had the whole of the top of the house; besides that I saw him there on other occasions—the prisoner's dress was a gray wool coat, cut fashionably, and a little Oxford hat—I never saw him in anything else—I am positive there was nothing like an Inverness cape in the house, for being alone I used often to go and sit with them.
JURY to CHARLES SAFFERY. Q. When did your furlough expire? A. On 30th April.
NOT GUILTY .
631. JAMES SAFFERY was again indicted for feloniously forging and uttering an authority for the delivery of one book, with intent to defraud; he PLEADED GUILTY to the uttering, and received a good character .
Three Years' Penal Servitude.
Upon which MR. GIFFARD offered no evidence.— NOT GUILTY .
633. JOSEPH JOYCE (37) , Feloniously forging and uttering, on 19th May, a receipt for 1l. 1s.; also, on the same day, a receipt for 1l. 1s.; also, on 21st May, a receipt for 10s. 6d., with intent to defraud; to all of which he
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
MR. RIBTON conducted the Prosecution.
HENRY MALHAM . I live at 18, Queen-street, Brompton, and am clerk at the parish church of Old Trinity—I produce the original register of marriages on 4th March, 1851—here is an entry of a marriage between William Smith Sharp and Sophia Leonora Harrison; it is witnessed by me—the prisoner was the person then married.
Prisoner. Q. You said on a former occasion that I deserted your sister? A. You did—you did not come to me from Southampton and tell me the reason—I fetched her up from Southampton when I heard that she was there—you did not go with me in a cab till I sent for you—you did not tell me you had sufficient money to pay both your fares up—you went with me because you were afraid—you walked with me to Waterloo-bridge station—you met me in the evening when you brought my sister up—you lived with her afterwards, and she left you in consequence of your beating and striking her.
Prisoner. Q. Why? A. Through your ill treatment; you threatened to run me through with a knife—I did not leave you to cohabit with another man, a carpenter, at that time—I was with him till last March—after I left him, I asked you for some money, and you said you would see me b—first—I did not intend to take money from you—you treated me very badly in Scotland; you kicked me in the chest, and I had to go to London to see a physician—I knew before I left, that your first wife was living—I did not bring these proceedings forward before, because I could not find her—I did not know that you were married at the time I married you; you told me you had lived with a woman, but she was dead—you came to me in the name of William Cooper, and said that you were a single man.
Prisoner. Q. Did I make any remark? A. You said that you had not seen your first wife for five years.
Prisoner's Defence. I wish to call attention to the time which elapsed between the time my wife deserted me and my second marriage—a report had reached me that my wife was dead.
GUILTY — Confined Twelve Months.
RICHARD STRANGWAYS . I carry on business in Chiswell-street—on Thursday, 12th June, at half-past 3 in the afternoon, I was in Moor-lane, felt something at my pocket, and saw a man, who I believe to be the prisoner, walking away—he was then about ten yards from me—I walked on a little way and missed my pocket-book from my coat; I turned back to the corner of Fore-street—a communication was made to me and I went into a public-house at the corner of Moor-lane and looked for the prisoner, but was surrounded by three or four young fellows who appeared to be associates of thieves—I was afraid of having my pocket picked again, and came away—this is my pocket-book (produced)—there are memorandums in it and postage-stamps.
ALFRED LEECH . I am shopman to Mr. Cuthbert, an oilman, of Oxford-street—on 12th June, I was at the back part of the shop and saw the prisoner on Mr. Abbott's, the publican's steps, eating some bread—I saw the last witness pass; the prisoner followed him, lifted up his coat, took out his pocket-book, and went into the public-house—I beckoned to the gentleman, made a statement to him, and we went into the public-house together, but could not see the prisoner—I saw him next day, at half-past 1, in the station with the police—he is the person.
JOSEPH FORK . On 12th June, about 4 o'clock, I was passing the corner of Moor-lane, and heard some women quarrelling in a public-house respecting some property which was not equally divided—Mary Oxley was one of them, and also a person who was afterwards taken in custody for disposing of stamps, and who was discharged at Guildhall—I did not see the prisoner while the quarrelling was going on, but I saw him next day in Moor-lane station-house, when he was charged with stealing the pocket-book—he said, "You have got it hot for me now"—I found three-halfpence upon him—he gave his correct address.
MART ANN OXLEY . I am married, and live at Philip-court, Milton-street—on 12th June, I went into a public-house at the corner of Moor-lane and Fore-street, and found this pocket-book—I took it to the station-house—I did not see the prisoner in the house the whole of the day, and I was in there several times—I was getting my living there.
JURY to ALFRED LEECH. Q. How long before Mr. Strangways came, had you seen the person who was eating bread on the steps? A. About an hour—he was eating bread at the time he picked the pocket—I was at work in the window, and watched him all the time—I went into the public-house but did not see him there—there are four or five entrances to it; in the compartment he went into there is a door into Moor-lane and a door into Fore-street.
GUILTY .—He was further charged with having been before convicted at this Court on January 31st, 1859; to which he
PLEADED GUILTY. **— Six Years' Penal Servitude.
NEW COURT.—Tuesday, June 17th, 1862.
PRESENT—Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. ALLEN; Mr. Ald. JAMES LAWRENCE; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY . **
MR. BRANNAN stated that the prisoner for six or seven years had got his living by dealing in counterfeit coin, and was mixed up with a notorious gang of utterers.
Ten Years' Penal Servitude.
PLEADED GUILTY . **— Ten Years' Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY.— Judgment respited.
MESSRS. CRAWFORD and LLOYD conducted the Prosecution.
HANNAH WINTER . I am the daughter of James Winter, a cutler, of 74, Upper East Smithfield—on 9th May, the prisoner came and asked for a knife, the price of which I told him was 1s. 9d.—he tendered a sovereign, which I gave to my sister, who went out and brought back change, and a constable.
THOMAS WINTER . I am barman at the Cook and Neptune public-house, St. George's-street, which belongs to Mr. Brightley—on 9th May I received a bad sovereign from the last witness, and sent for a policeman—I gave it to the potman, Henry Rymers, and he gave it to the policeman, not in my presence.
JURY. Q. Did you detect the sovereign before he gave it to the policeman? A. Yes; before I sent for a policeman—I gave it to the potman because I had sent the policeman into the shop, and forgot to give it to him—it only passed through one person's hands.
HENRY RYMERS . I am also a potman at the Cock and Neptune—on 9th May the last witness gave me a sovereign, told me it was bad, and told me to go for a policeman directly—I went—he gave me the sovereign after I found the policeman—I went with the policeman and Emily Winter to the house of Mr. Winter—the prisoner was there—I put the sovereign in the officer's hand in the shop, in the prisoner's presence, and said, "This is a bad one."
THOMAS ROBINS (Policeman, H 157). I was on duty on 9th May, and was called in by the last witness—I went with him and the girl to Mr. Winter's shop, where the first witness said, "I shall give him into custody for uttering this half-sovereign—I took him into custody, and received this counterfeit sovereign (produced) from Rymers—I searched the prisoner at the station, and upon undoing his trousers there dropped down this other counterfeit sovereign (produced) in a piece of newspaper—I did not say anything to him about that, but he said, "Do not say anything to the Inspector, and if you do not I shall get off"—I also found on him 8s. in silver, and 2 1/2 d. in copper, and two combs, a knife, and tobacco-box.
The prisoner's statement before the Magistrate was here read as follow; "I acknowledge I uttered the coin; I only had it half an hour before. A man in the public-house gave it to me."
Prisoner's Defence. I received the money from a man who was going on board a ship to America the next morning; he did not tell me it was bad. He was going to see some friends, and said that he did not wish to take it with him, and gave them to me. I put the other sovereign in my drawers because I thought if one was bad the other must have been bad. The knife belonged to the other man; he only lent it to me.
GUILTY .— Confined Two Years.
MESSRS. CRAWFORD and LLOYD conducted the Prosecution.
JAMES BRANNAN . I am in the employ of the Mint authorities—on 31st May last, about half-past 6 o'clock, I went with some other officers to the White Horse, Baldwin's-gardens, Gray's-inn-lane, and saw the prisoner there with others—he was seized by the right arm by Inspector Brannan, my son—I seized him by the left and pulled him towards the back-room, he clung to the stairs but was pushed forward by Sergeant Elliott—when he let go the staircase he attempted to put his left hand into his pocket—after he got inside the large room, which is occasionally used as a skittle ground, I put my hand into his pocket and found this paper packet (produced) containing fourteen counterfeit shillings wrapped in paper, and two half-sovereigns, a half-crown, three florins, five shillings, and sixteen sixpences, good money, loose—on taking them out I placed them on the table, and addressing him by name, said "Jack, I received instructions from the authorities of the Mint to look after you as an extensive dealer in counterfeit coin; I do not think you have a right to grumble at your run"—at that time I had seen 13 G take from the prisoner's right hand pocket a sovereign—the prisoner then said, "I will be on my oath that the sovereign is the only bad money I have got about me"—I commenced searching in the room, and behind the door I found this bag (produced), containing two crowns, one half-crown, and thirty-two florins, wrapped up into packets, all counterfeit—since then, Mr. Webster, upon comparing the paper in which the money was wrapped, found in the prisoner's pocket, with that which contained the thirty-two florins, discovered that they were pieces of the same Daily Telegraph—these are the pieces.
Cross-examined by MR. LAWRENCE. Q. Are you very moon obliged to him? A. I am, for it really escaped my notice—I took the first packet out of his pocket in the presence of three or four officers.
ARTHUR ELLIOTT (Police-sergeant, G 13). I went with Mr. Brannan on this morning to the White Horse—I followed him into the house—I searched the prisoner—as Mr. Brannan took the first handful of money, the packet of shillings came out with the loose silver—I saw him take it out and lay it on the table—the prisoner then began to straggle—I seized him, and put my hand in his right hand waistcoat pocket—he said, "All you will find there is one counterfeit sovereign; that is all the bad money you will find about me"—I found this counterfeit sovereign (produced) wrapped very carefully in this piece of tissue paper.
Cross-examined. Q. He told you the truth about this counterfeit sovereign? A. yes; he said that before I found it—it had a better appearance
of a sovereign then than it has now—that sort of thing is used as card markers—I believe that was a marker at the time.
WILLIAM WEBSTER . This sovereign is bad, and these fourteen shillings also—there are several from the same moulds—the coins in the bag and those found on the person are not from the same mould—there are thirty-two florins found in the bag, several from the same mould, but not from the same mould as those from the person—in looking over the papers I found two pieces of Daily Telegraph corresponding, one piece agreeing with a piece found on the prisoner.
Cross-examined by MR. LAWRENCE. Q. That counterfeit sovereign would not deceive anybody, would it? A. It ought not—it depends entirely on how it was put down—any sane person might take it for a sovereign, if it is put down in this manner—it is a sort to deceive the eye, not to deceive the ear—it has lost its colour—that could be restored to it.
GUILTY .— Confined Two Years; the fourth, eighth, and twelfth month of each year in solitary confinement.
MESSRS. CRAWFORD and LLOYD conducted the Prosecution.
MARTHA JACOB . I am a widow, and keep the Cromwell Arms public-house, Fulham-road—on 27th May, about 8 o'clock, the prisoner came with another, who called for a pint of beer, and tendered a shilling—the beer was 2d.; I gave 10d. out—they drank it and left—I then examined the shilling, and found it bad—I placed it on the top of the till—at half-past 9 the prisoner came again alone, and called for a glass of stout, which was three-halfpence, and tendered another bad shilling—I said, "This is too bad, twice in one night"—he said he had not been in the house before—I told him he had been there with another, and the other had tendered the other shilling—I put them in the tryer, and they both bent—I sent for a constable and gave him in custody.
Prisoner. Q. When the first shilling was passed, why did not you say it was bad? A. It was between the lights, and I could not see; when I found it was bad you were gone—I knew you the moment you came to the bar, but I waited to see what you gave—you had two shillings and a half-crown in your hand, and you looked and picked out the one to give me.
Prisoner. I took them all out of my pocket at the same time.
JURY. Q. Had you some suspicion when you took it that it was a bad one? A. I told him so; I took it up in my hand from the bar, and saw it was a bad one—I put the first one on one side—I felt a little doubt about it because it was between the lights.
Prisoner. Q. You swore that if you could have seen either of the two parties you would have said it was a bad shilling? A. I should not know the other party, but I knew you—no one was in the bar but myself, and I could not go after you—there was a customer at the bar, and men standing at the door to stop you if you attempted to escape—I winked at the customer to stop you if you attempted to go—you made no attempt to go—you said, "You can lock me up if you like"—I did not hear you add, "if you think I was here before"—I said, "This is the second time to night"—you said, "I have never been in the house before," but I knew better—I noticed you more than the other—I could not swear to the one that put it down; you were nearer to me—I should be very sorry to take an oath here if I was not certain—you sent your mother to me to tell me what money she gave you in the morning; but she did not give you those
shillings, and she hoped if you passed a bad shilling on me, a widow (she was a widow herself), that you would get seven years for it.
COURT. Q. Had you any suspicion of the first shilling when it was offered to you? A. Yes; when I took it in my hand; but there were a great many in the bar, and they were gone in a minute—I am sure this was the shilling that was given me by the other person—I took it up and gave change, but I laid it in the bar; not with the rest of the money in the till—I had only half a crown in silver in the till—I am quite certain that the prisoner is the man who came in with the other man—I had given change for that half-crown, which I put in the till, and then I took this first shilling; that was the only shilling I had—I took other money between the first and second times of the prisoner's coming—I laid the first shilling aside till the gas was lighted, and then I examined it and found it was bad, and laid it there again, and then I tried the second shilling in the tryer—I did not try it at once, because I was very busy and was alone.
Prisoner. Q. You said before that I stood between you and the gaslight? A. You came at 8 o'clock the first time, and at 9 the second, and I said, "It is just an hour and a half since you were here"—I did not say you stood between me and the light; you stood nearest to me—the other was at the further end when you had the pint of beer—of course I gave change, because you were drinking the beer so fast to go; I did not give it to you because you did not give me the shilling—when I taxed you with the shilling, you said it was an old shilling that you gave me.
JOHN DEAN (Policeman, V 111). I took the prisoner to the station, and received these two bad shillings (produced) from Mrs. Jacob at the time—I searched the prisoner, and found on him a half-crown, a good shilling, and a penny.
The prisoner's statement before the Magistrate was here read as follows: "I never remember being in the house before I went in for a glass of stout."
Prisoner's Defence. I was remanded for a week, and have been a fortnight here; I have never been known to do the like before in my life; I get my living by working hard. I could not pay for the stout with less than a shilling. I had two shillings with me, and I put down one; if I had been guilty before, there was nothing to prevent me from going away, which I did not attempt to.
NOT GUILTY .
MESSRS. CRAWFORD and LLOYD conducted the Prosecution.
EMILY GRIMSTEAD . I live with my uncle, Mr. William Everard, a grocer, at Southall—on 31st May last, about 6 o'clock, the prisoner came and asked me for a quarter of a pound of sugar and half an ounce of tea—I served her, and she gave me a shilling and went away—I thought it was not good, kept it in my hand, and told my uncle directly she went away, and he sent Coppin, a policeman, to follow her—I marked the shilling, and gave it to the policeman—this is it (produced).
EDWARD LAYTON . I am a baker, of Hanwell—on 31st May last, the prisoner came, and I served her with a twopenny loaf—she tendered a shilling—I gave her sixpence and a fourpenny-piece—as she was going out at the door I tried the shilling with my teeth—I did not bend it—I found it was not good, went after her, and told her it was bad—she said she did not know a good shilling from a bad one; she gave me a good one, and I gave her the other back—when I got back a constable came to me, and he
went after her—this is the shilling she gave me—it has the Queen's head on it; the other one is a George the Fourth.
FRANCIS COPPIN (Policeman, T 144). About a quarter past 6 o'clock on 31st May, I went to Mr. Everard's shop, and he handed me this bad shilling—in consequence of what he said, I went down to Hanwell—I followed the prisoner, and saw her just before she got to Hanwell, from the description that Mr. Everard gave me—I saw her go into Mr. Layton's shop, and as soon as she came out and went away, I called him out and spoke to him, and then took the prisoner in custody—I told her I should take her into custody, and take her back to the baker's where she had just passed a bad shilling—she made no answer, and I then took her to the station—I asked her to take out her purse, and she took out this leather purse wish a florin and bad shilling, which Mr. Layton afterwards identified as the one he had given back to her—I said that she must have got some more money—she said she had no more—I asked her what the had done with the change she had just received from Mr. Layton—at first she said she had no more—I told her that I was sure she had—she said she had spent it in gin—this is the shilling I found on her, wrapped in this piece of paper, inside this bag, and 1s. 4d. in copper, all good—I found this basket also, with several things in it—it has a false bottom, underneath which I found a half-quartern of flour, a twopenny loaf, some sugar, and two penny rolls, two saveloys, a half-pound of sugar, an ounce of tea, a quarter of a pound of sugar, and half an ounce of tea.
GUILTY . **— Confined Two Years.
MESSRS. CRAWFORD and LLOYD conducted the Prosecution.
ELIZABETH SMITH . I am the wife of Edward Smith, and keep the George public-house, Broadway, Hammersmith—on 10th May, about 11 o'clock, the prisoners came there with a woman—one of these men, I do not know which, called for a pint of beer, and paid for it with a shilling—I do not know which put the shilling down, or whether it was the same man that called for the beer—I put it in the till, and served the beer—they drank it—there was no other shilling in the till—I gave them the change—Leary took it up—they all went out, but they called for a pot of beer before they went out, and had it, and the woman paid for it with another shilling, which I afterwards found was not good—they then went out together, and all came in again afterwards with another man in plain clothes, and Ryan called for a bottle of soda water for Leary to drink—Ryan gave me a two-shilling piece, which I tried in the detector and found bad—I returned it, and said, "This is not good"—he said he thought it was; he had only just taken it from his landlady for his billet-money, and if it was not good, he must take it back again to where he received it; but Leary said, "Give it to me; I will take care of it," and he gave it him—a half-crown was then tendered by Ryan, and I gave him the two shillings I had previously taken—I had put them in the till—Ryan looked at them, and while I was giving the coppers, he said, "Oh! I think I will not change the half-crown;" and the woman said, "Oh! if you say you have no change, I have some small change; I will pay for it for you," and she paid with fourpence in coppers—they parted without drinking the whole of the soda water, and it struck me directly that I had taken two shillings of them, and I thought I would see
if they were good, and I found they were bad—that was before they were out of sight—I sent a lad and the ostler after them—the two men were brought back directly, and I gave them in charge with the two shillings.
Cross-examined by MR. RIBTON (for Ryan). Q. You had never seen these men before, I suppose? A. No; they belong to the militia, I believe, that is in that neighbourhood—them were a great many militia about at that time—Ryan said that he was billeted—the publicans give them money sometimes to get rid of them—this was about 11 o'clock at night—there was no other money in the till; no more shillings—I never keep a great deal of money in the till—I have two tills—I had silver in the further till—I cannot say how much—one is at one end of the counter, and the other at the other—a very short time elapsed between the first and second times of their coming—I had not received any other money between the two times—I do not know how the woman came to order the drink on the first occasion—I never saw the woman pay for the drink much—there was not another woman that gave me the other shilling—there was only one woman—the first shilling was not given by the woman—Ryan did not give me either of the shillings—all that he had was the florin, which he said he got from his landlady.
Cross-examined by MR. DICKIE (for Leary). Q. Did you notice if Leary was tipsy? A. They had all been drinking—I am quite sure there was only one woman—they did not run away—they were not out of sight when they were taken—I am the only lady that serves in the bar—there is no barman; my son is there sometimes, and my husband also—I think my son was there that evening—he was not serving.
JOHN LYONS (Policeman, T 132). I was in the Broadway on Saturday night, 27th May—the ostler and another man came and pointed out the two prisoners to me, and I took them into custody—they were very violent on the way to the station—they had been drinking—I searched Ryan, and found on him 4s. 9d. in silver and 8d. in copper, good money; on Leary I found a sixpence, and 8d. in copper—Mrs. Smith gave me these two bad shillings (produced).
Cross-examined by MR. RIBTON. Q. Have you got the money you found on Ryan? A. Yes; it was the month the militia were on duty—there were a great many about there—I found the money in his pocket—I told him what I charged him with—he said he got the florin from his landlady, and knew nothing about any other bad money at all.
Cross-examined by MR. DICKIE. Q. Was Leary very drunk? A. Yes.
MR. CRAWFORD. Q. Could they walk pretty well when you took them? A. Yes—when they were pointed out to me they were walking pretty steadily down the street—they were able to get along.
MR. DICKIE. Q. They were not running? A. No.
NOT GUILTY .
MESSRS. COOKE and CRAWFORD conducted the Prosecution.
SUSANNAH ALEXANDER . My husband keeps the Crown public-house, in New Oxford-street—about 16th May the prisoner and another man came there—I was serving—the other man called for a pint of porter, and tendered a half-crown, which I at once put in the detector and found bad—I told him it was bad, and I had taken so much bad money previously, I was determined to put a stop to it—I asked him where he got it, and the prisoner
who was standing by him said that I must be mistaken in the person; that he was a very respectable young man, and worked for Day and Martin's, and that he received that half-crown in part payment of his week's wages—while he was answering me, I saw the other man take off his boot—I did not see him take anything out of it—I passed round out of the bar, and sent one of the customers to get a policeman—the prisoner was standing beside him after he took off his boot—they both ran away before the policeman came—the other man was brought back by the policeman—I gave the half-crown to the policeman—on 27th May the prisoner came again with another man, and asked for a pint of half-and-half, which was threepence—I served him, and he gave me a bad half-crown—I tried it, and told him it was bad, and that it was not the first time he had been there, and I was determined to have him locked up—he said nothing—I called my husband—the prisoner merely said that I must be mistaken; that the other one had passed it—he was very violent, and aimed a blow at me, and gave my husband two black eyes—he was ultimately given in charge—I gave the half-crown which I marked to the policeman.
Cross-examined by MR. COLLINS. Q. Is your husband here? A. Yes—he had hold of the prisoner—the prisoner made an attempt to strike me, but did not—my husband laid hold of the prisoner to take him to the police-station before the prisoner struck him—I knew the prisoner by having seen him at my house before—I cannot say that he had often been there—I have a pretty good deal of business; a great many people in the course of the day—a great many people have passed me bad money at certain times; not recently.
MR. COOKE. Q. I suppose every one does not stoop down to their boot and then run away together in the way these two men did? A. Not very frequently—I am positive this is the man who was in the house on the 16th and ran out—I knew him again directly.
COURT. Q. At what period of the transaction on 27th May did you first recognise the prisoner as the man who was there on the 16th? A. I was serving several people in the bar, and noticed him the moment he came in at the door, and knew him to be the party that had escaped—I said nothing to him till I had tried the half-crown—if it had turned out good I should have served him and given him the change, and said nothing about the affair of the 16th.
GEORGE BOWDEN (Policeman, A 296). On 16th May, a man named Cornelius Dyer was given into my custody by the last witness—I also received this counterfeit half-crown (produced)—the man was taken before the Magistrate and discharged.
RICHARD COOK (Policeman, E 96). I took the prisoner on 27th May, and received this half-crown (produced) from Mrs. Alexander—the prisoner was searched, and on him was found a porte monnaie containing two shillings and a threepenny-piece good money, and a comb, a pocket-book, and piece of soap.
Cross-examined by MR. COLLINS. Q. No bad money? A. No.
GUILTY .— Confined Twelve Months.
MESSRS. CRAWFORD and WARTON conducted the Prosecution.
prisoner came for a half-quartern loaf—I served her, and she gave me a half-crown—I put it in the till where there were no other half-crowns, and gave her change—I saw another person looking in at the window at the time I was serving her—a few minutes after the prisoner went out the other person came in, and asked for a half-quartern loaf, which I served her with, and gave her change for a half-crown which she gave—I put it in the till with the other—I had not taken any other half-crown between those two—another customer then came in for a quartern loaf, and gave a half-sovereign—I opened the till and gave her the two half-crowns and some smaller change—she said the half-crowns were bad—I wrapped them in paper and put them into a letter-case that hung over my mantel-piece—there were only some papers in it; no other coins whatever—I looked at the half-crowns all the time that customer was looking at them—on Tuesday, the 20th, the prisoner came to me again between 8 and 9, the same time as before—I remembered her—she asked for a half-quartern loaf, and gave me a bad half-crown—I said, "Wait a minute; I have not change," and I directly went round the counter and laid hold of her by her dress—I said, "This is a bad half-crown," and asked her if she remembered coming into my shoe before—she said, "No," and she had never been in the shop before—I called to my servant, and said, "Maria, bring me them other two half-crowns"—the prisoner then pulled out her purse with a half-sovereign, and gave me, wishing to take for the three half-crowns out of it; she said, "You see I carry good money as well as bad"—I took the half-sovereign—my servant brought me the other two half-crowns, and I directly sent her for an officer—the prisoner then wished me to keep the half-sovereign altogether, and to let her go without giving her in charge—I was holding her then—I had not let go since I first took hold of her—I held her till the officer came to the shop, and then gave her in charge for passing bad money—I gave all the bad half-crowns to the officer, and also the half-sovereign—these (produced) are the half-crowns—I marked them—these are the first two.
Prisoner. Q. When I first gave you the half-crown did you put it into your money detector? A. No—it is not bent—the second one you gave me I put in, and it is bent—I asked you whether you had ever been in the shop before—I did not tell you it was bad till I had got round the counter and taken hold of you, and then I told you it was bad—I did not say that I was not going to be the loser of the three half-crowns I had taken, and should make one suffer for it—the policeman did not have the coins from a man that had come across from the other side of the road; I gave them into the policeman's own hands.
MARIA CHAMBERLAIN . I am in Mrs. Sismey's service, and was in the shop on 15th May, nursing the baby, when the prisoner came in—I recollect her coming on the 20th—I was in the parlour—it was the same person—I went for a policeman—I saw my mistress hand the half-crowns to the policeman.
Prisoner. She gave them to a man outside the door that she called over, and told him not to give them out of his hand till she gave them to the policeman.
ISAAC FLORY (City-police-sergeant 57). I apprehended the prisoner on 20th May—Mrs. Sismey charged her with passing a bad half-crown on 20th May, and one on the 15th—she gave me the money—when she said, "I give the prisoner in charge," I said, "For what?"—she said, "For passing bad money"—the prisoner said, "I was not aware that this was a bad half-crown,
and I was never in the shop before"—I took a small pocket-book or port monnaie from her hand, and at the station I looked in it and found a half-sovereign—Mrs. Sismey, at the station, handed the inspector a half-sovereign, which she said the prisoner had offered her to take for the half-crowns—there were two half-sovereigns together—the prisoner made no statement.
Prisoner's Defence. I am an unfortunate girl, and took the half-crown from a gentleman that I was with from the Sunday till the Tuesday, and likewise the two half sovereigns. I went in to purchase some bread, not knowing it was bad. I am innocent of the other half-crown, I assure you.
GUILTY .— Confined Twelve Months.
OLD COURT.—Wednesday, June 18th, 1862.
PRESENT—The Right Hon. the LORD MAYOR; Mr. JUSTICE CROMPTON;
Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. PHILLIPS; Mr. Ald. JAMES LAWRENCE; and ROBERT MALCOLM KERR, Esq.
Before Mr. Justice Crompton.
650. WILLIAM MULLER (36), was indicted for feloniously and without lawful excuse having in his possession certain copper and zinc plates, upon which were engraved parts of an undertaking for the payment of 10 roubles, of the Empire of Russia.
MR. SLEIGH conducted the Prosecution.
GEORGE SCOTT . I am one of the detectives of the City of London—in consequence of information, on 12th May, about 3 o'clock in the afternoon, in company with Leonard, Foulger, and Brett, I took the prisoner into custody on London-bridge—I had seen him leave the London-bridge station, and followed him to Adelaide-place—I told him we were officers, and that we took him into custody for forging Russian rouble notes, in connexion with Reichberg, Josephson, and others, who have been tried for this offence—he said, "Me; I know nothing about it"—we put him into a cab—Brett took this parcel (produced) from underneath his coat—it is addressed "M. Berny; to be left till called for"—I asked him what the parcel contained—he said, "I don't know"—I said, "Where did you get it?"—he said, "A man gave it me at the railway"—I said, "What are you going to do with it?"—he made no answer—he said, "I know Reichberg and Josephson; I have done some work for Reichberg"—we took him to the station, and at the station I opened, the parcel, and found it to contain seven engraved copper and zinc plates and fifty-three forged Russian rouble notes—he gave me his address, 7, Kent-street, Hackney-road—I went there and found this bag containing a quantity of engravers and other tools, some pieces of zinc similar to the plates produced, and a seal and wax in the drawer of a looking or dressing-glass—those plates have not engravings upon them—on the 14th of the same month I went with Brett to Woolwich, to the Arsenal railway station, and received from the station-master there the parcel which I now produce, directed to Mr. Wilkinson.
Prisoner. I did not say that I had worked for Reichberg; I said I knew him. Witness. I am sure he said he had worked for him.
the police-station, I heard him say, "I know Reichberg and Josephson; I have done some work for Reichberg"—on searching him at the station, I found on him a pocket-book containing papers—I took the parcel from under his coat—the pocket-book contains the number "4,827."
WILLIAM COYLE . I am head clerk at the cloak-room of the London-bridge Railway station—on 7th May a parcel was taken in at the cloak-room—this is the parcel—I did not see it on the 7th; I saw it on the 9th—in the course of business a ticket is given to the person depositing a parcel—the number of this ticket was 4,827—a counterfoil is attached to the parcel—the book is kept by me—on the 9th the prisoner came to the cloak-room, and said he had called to claim a paper parcel which he had left in the office on the 7th; that he had lost the ticket, but he could tell me the number, at the same time taking his pocket-book and showing me it written in pencil—this is the same book; he also showed me the same name that was written on the parcel, "Mr. M. Berny; to be left till called for"—I told him it was not sufficient to give any exterior marks, or even telling the number, without the ticket itself was produced, and that it would be necessary for him to inform me the contents of the parcel—he replied, "It merely contains plates and engravings, as I am an engraver"—I told him we should have to open the parcel before we could give it him—he then said, "I will not take the parcel now; I will call this evening"—he did not call that evening; I did not see him again until the 12th—he then came again and applied for the parcel—I said to him, "You are the gentleman that called on Friday, stating that you had lost the ticket"—he said, "Yes, I am; I wish to take the parcel"—he then handed me this letter written by Mr. Dyne (This was dated 12th May, 1862, addressed to Mr. M. Berny, Worship-street; stating that, in reply to his letter; the parcel would be delivered upon his signing for the same)—Upon that I requested him to accompany me to the station-master's office—I took him there and introduced him to Mr. Dyne, as the person who had applied for the parcel—he then signed this book in my presence; "Received the parcel of the corresponding number to this. M. Berny; 12-5-62; 4,827"—upon that the parcel was delivered to him—that was between 3 and 4 o'clock.
Prisoner. I never said that I was an engraver and dealer in plates, and that these were engravings; I said there were some plated things and brooches in it. Witness. That is not so.
COURT. Q. Was the parcel opened at the railway office? A. No—I had not had any communication with the police before that—we gave it up because we were satisfied with the description of it and of the seal.
FRANCIS K ZAMBYNSKI . I am landlord of the house, 16, Eagle-street, City-road—I know the prisoner, and know his handwriting—I have seen him write—he lodged in my house for some months—this letter is his writing, and also the writing on this parcel that was found at the Woolwich Arsenal station (The letter being read was addressed to Mr. French, Baker and Basket, Worship-street; stating that on 7th May he had left a parcel under the name of M. Berny, with the number 4,837 and two seals of the same description as enclosed, that he had lost the ticket, and requested the parcel to be forwarded to him).
HENRY DYNE (continued). On 12th May Mr. Coyle brought the prisoner into my room with the letter that I had written to him—I asked him if he was the owner of the parcel—he said he was—I was satisfied, and directed it to be given to him.
THOMAS RAWLINS . I am a lithographic printer, of 38, Whitecross-street, Finsbury—about July last the prisoner and a man named Josephson called on me—Josephson asked me, in the prisoner's presence, if I would teach his brother-in-law (the prisoner) a certain part of lithographic printing—I asked him in what respect—he said, "To take a transfer from a copper-plate and transfer it to a stone"—I told him I would do so—I gave him some instructions—he came subsequently on several occasions either alone or in company with Josephson, and on those occasions I transferred for him impressions from copper-plates which he brought, to stone—the plates were brought when the prisoner and Josephson were together—this (produced) is one of the plates he brought and which I printed from (Scott. This is one of the plates that came out of the parcel)—I made impressions from this plate, I think, on three or four different occasions; I mean that I transferred them from the plate on to the stone, and afterwards printed from the stone—on different occasions I pulled for them, from the stone, near 300 impressions—the back part of the notes produced by Brett is the part that I did; the border and the writing.
BENJAMIN HILLMER . I am an engraver, at 5, London-wall—in October last the prisoner and Josephson called on me—the prisoner introduced himself as a writing engraver—I asked who recommended them, and they said a printer in Finsbury that I knew—they did not mention Mr. Rawlins' name; I had to guess the name—they produced a circular zinc plate—this is it (Scott. This was found in the parcel at Woolwich, with three other plates and two type-holders containing figures)—They asked me to imitate that upon copper, which I did—it is the centre part of the front of the note which is almost invisible—I did not do the writing; I only made the plate—this is the plate I made—I gave it to Josephson—(Brett. This plate was found on Josephson when he was apprehended)—I see a seal here—in my judgment, that seal made the impressions that are on this parcel.
Prisoner. Q. How many times was Josephson at your house before me? A. You came with Josephson, and gave the order together; you came twice—Josephson seemed to interpret for you, as you did not speak English sufficiently plain—it took me a fortnight to make the copper-plate—you came twice with Josephson respecting it—you did not see the zinc plate and the copper plate together when you first came—you came with Josephson to give the order, and at the same time you told me that you were a writing engraver, and asked if I could teach you how machine-ruling was done, and where you could buy a machine to do these plates—you never came afterwards—Josephson came and took the plate away, and paid for it—I do not say you gave the order—I say you came with Josephson and he interpreted for you.
EUGENE KLEIN . I am officially attached to the printing department of the Bank of Russia, at St. Petersburg—the currency of Russia is partly in rouble notes of different amounts and denominations; amongst them are ten rouble notes—the notes produced are forged ten rouble bank-notes; they purport to be notes of the Bank of Russia—they are very good imitations, but I have no doubt that they are forgeries—I have compared the plates produced with these notes, and I find that the notes are printed from these plates.
COURT. Q. Do the notes purport to be notes of a foreign state, to wit, the Empire of Russia? A. They do—they purport to be State bank-notes—the bank is a Government establishment, and the genuine notes are notes of the State, and the currency of the State; it is stated on the notes themselves
—they state that the Imperial credit notes are secured by the total property of the Empire.
The prisoner handed in a written defence, and also addressed the Court at some length, to the effect that he had been made an instrument in the hands of Reichberg and his friends; that he had no idea of the criminal nature of the transactions in which they were engaged; but that, being in very distressed circumstances, he was induced, at Reichberg's request, to apply for and obtain the parcel in question, the contents of which he was wholly ignorant until it was opened by the police.
GUILTY .— Six Years' Penal Servitude.
There were other indictments against the prisoner.
651. BENJAMIN SAMUEL REDBURN (26) , was charged upon 3 indictments with feloniously, and without lawful excuse, having in his custody and possession certain blank notes of the Colonial Bank, the Chartered Bank of Australia, and the Bank of New South Wales; also with embezzling and stealing the sums of 100l., 150l., 150l., 250l., 50l., and 100l., the property of Henry Tritton and others, his masters; to all of which he
PLEADED GUILTY.— Judgment respited.
MR. COOPER conducted the Prosecution.
MICHAEL MURPHY . I live at 8, Verulam-place, Gray's-inn-lane, and am a labourer—on Monday evening, 27th May, between twenty-five and twenty-eight minutes to 7, I was working at the station that is being built for the Metropolitan Railway at King's-cross—the prisoner was deputy ganger there—Driscoll, the deceased, was in his gang—I was near where the prisoner was at work, on the fifth rib from King's-cross, forming the span of the roof of the station—Driscoll was called down from the top and took up his own place where he was at work before, on the rib—the prisoner came up and said to me, "Mike, I want you down the other side"—I was on a plank between the two ribs—I said "I can't go till I get a cord to make fast"—Driscoll said to him, "You can't show us our work; we can always do our work, can't us, mate?" speaking to the man that was along with him—I then went down to the next rib and took a cord with me; that was the rib opposite where they were—I was not standing, because you could not stand there; I was coming up cross-legged, the same as Driscoll was when he fell—I saw the prisoner striking Driscoll—I was right over them, opposite to them—the prisoner hit Driscoll several times, and Driscoll said, "Let me go down into the road and I will fight you"—the prisoner then hit him again, and Driscoll said, "If you hit me again I will put the podger in your b—eye"—the podger is an iron that we use; he had it in his hand at the time—the prisoner, I think, was in such a passion that he hardly spoke a word—Driscoll had only one hand to hold on by, he had nothing but the rib to hold on by; the prisoner had a derrick in his favour, he had more power, he was on the highest part, he could hold by the plank at the top—they were both on the rib—the derrick is the thing that you pull up by—the prisoner had hold of that, and he had a great deal of advantage over Driscoll; he was in a more level part—the prisoner was the strongest man of the two—they were both sitting straddle-legged across the rib, face to face—the
next thing I saw was Driscoll come over; I saw legs come over and drop down as straight as dropping a plumb-bob.
COURT. Q. Could you see what caused him to drop down in that way? A. The prisoner stood up over him, and as I looked down I saw the man's legs come over—they were still straddling across, but the prisoner stood up on the plange—I was in such a position that I could not exactly see; I was between the two ribs; I was over them, right on the top, on two planks—the depth that Driscoll fell was from forty to fifty feet—I assisted in taking him to the hospital.
Cross-examined by MR. SLEIGH. Q. Does this model (produced) represent pretty accurately the ribs and the place where you were standing? A. Not exactly; it comes down more on a level at the top, that is all; it ought to be a little more arched; that would not render it more difficult for a person to keep his hold—I have only known the prisoner five weeks—I have nothing at all to say against the man—while this altercation was going on Driscoll had the podger-iron in his hand; he was obliged to use that—the prisoner went up to take his place where he was at work; he had nothing in his hand—I did not see Driscoll strike the prisoner at all, he only had the podger just to defend himself, to keep the prisoner away from him—he was hitting away, trying to baulk his blows; that was all—of course he must have struck him or else he would not have been bleeding—he only hit him in his own defence—he did strike him several times with the podger-iron—I saw Driscoll's face was bleeding before he fell—I did not see that the prisoner's face was covered with blood, not till after the fall, then blood was coming down the side of his face; it was only on one side of his cheek—this quarrelling did not continue long before Driscoll fell; it was not five minutes.
MR. COOPER. Q. You say Driscoll was using this iron to defend himself with his left hand; was he holding himself by his right? A. Yes; he kept hitting the prisoner across the arm with the iron, in the way of defending himself.
MR. SLEIGH. Q. Is this a derrick-pole (referring to the model)? A. Yes; a thing like that—it was in that position—the prisoner was on the top, on the side of the derrick, and Driscoll was underneath on the slant part—the prisoner had not got his hand on the derrick; he was using both his hands, and he was leaning with his shoulder and leg against the derrick to support himself; one was on one side of the derrick-pole and one on the other.
MR. COOPER. Q. Whereabouts was Chandler standing; near you? A. No; on the same rib as Driscoll fell from—he was on the same level, between the deceased and the prisoner; Chandler was leaning by the cord from the top, lower down than the derrick, between the two men.
JAMES CHANDLER . I live at 3, Haverstock-place, Hampstead-road—on 27th May, between 6 and 7, I was at work on the same rib with Driscoll—I was standing up holding by the rope that came from the derrick-pole—Driscoll was three feet from me on the lower part of the rib, sitting straddle-legged across the rib—the prisoner was there when we went there—Driscoll got on the lower side of the rib, and said to the prisoner, "Come out, let us do our work; you can't show us our work"—the prisoner said, "You sha'n't do any more here," and I believe he knocked Driscoll's cap off—Driscoll said, "You had better mind your fingers"—the prisoner then hit him in the face; I can't say whether it was with one or both hands; it was two or three blows, I can't say with which hand—Driscoll then said, "I will knock your eye out with this podger if you hit me any more"—I did not
hear the prisoner say anything, but he hit him again somewhere about the body or shoulder—I saw the blood begin to flow from both—I saw Driscoll then hit the prisoner with the podger across the arm or face, or anywhere he could get at—I then saw the blood flowing, and turned to and made a bow-line knot with the rope that I had behind me, for the purpose of throwing over Driscoll, who I thought was getting weak; at the same time, as I did not know which was going first, I clapped my hand on the prisoner's shoulder to keep him on—I saw Driscoll falling at the time that I placed the rope over his head—I got the rope over his head and caught him by the arms, but his head slipped through it; his arms did not catch hold of it.
Cross-examined. Q. By the grasping of the prisoner's shoulder, probably you saved him from falling? A. I don't know whether I did—I did not know whether he was going to fall or not, and I placed my hands upon him to pull him back—I had known him eight weeks—as to peaceable conduct he was very fair, as working men together—I cannot say whether he was at his proper work, and where he ought to have been—of course he had the lead of the job.
ABRAHAM DOWNSTON . I am a cheesemonger, and live at 259, Pentonville-road—on Monday evening, 27th May, between 6 and 7 o'clock, I was on the leads at the back of my house, which overlooks the new station—Mr. Smith was with me—my attention was directed by some quarrelling to the ribs, which were from sixty to seventy feet from where I was standing—I could distinctly see what was taking place there—the first I saw was the prisoner hit Driscoll on the side of the face three or four times—Driscoll defended himself with a podger in his hand, and hit the prisoner with it on the arms, as he struck him, and I heard him tell the prisoner to come below and fight it out—I heard a voice come from the part, but where it came from I cannot my, "I will throw you over," or "pitch you over"—I am not sure of the words, but that was the effect of it—I was almost on a level with them; it came from near where the prisoner was; it came from off the ribs—I would not swear that it did not come from the prisoner, and I would not swear that it did—after hearing that, I saw the prisoner lean forward, and the two were close together—the prisoner raised himself up and held Driscoll by the shoulders, and he was lifted off the girder so that his legs came right up; both legs came above the girder and he dropped so (describing it), with his arms out, and his feet down, so that his feet came first to the ground—I saw his feet reach the ground.
Cross-examined. Q. The lead flat of your house where you were is eighty or ninety feet from the rib, is it not? A. Not so far as that; I think not more than seventy feet—the men might have been ten feet higher than I was; I had to look a little upwards—I had not a side view; I consider I had a direct view—I was looking across; the girders, and machinery was not at all in my way—this model correctly represents the place—when I first saw the men Gregory had his back to the derrick-pole with a leg on each side of the girder—they were straddling and face to face—I saw a man at the back of Gregory throw a rope over Driscoll; that man was above them—I am not sure of the man—Gregory was between that man and Driscoll; I am sure of that—if Chandler was the man, he was on the top of the rib, and Gregory was to the left of the derrick-pole—Chandler was not between them; there was nothing between them—Driscoll was warding the prisoner's blows off—I saw the prisoner hit Driscoll on each side of his face, and while he was doing so Driscoll defended himself with the podger—he hit the prisoner on the arm—I did not see him hit him in the face; he made a blow at him—I
can't say whether he hit him on the face or not—I saw him hit him on the arms, but not anywhere else—I did not see any blood on the prisoner's face—I don't think I was too far off to have seen it—I did not see Driscoll hit him on the head; he might have done so, but I did not see him—I could see the other workmen on the ground below at this time—there were several there—they were calling out to the men, telling them to leave off—the voice that said he would pitch or throw him over came from off the girder—I can undertake to say it did not come from the men below, and that it was not, "he will pitch him over"—I could tell whether a voice came out of the cutting or off the top—I am certain it did not come from the men on the ground—there were men below calling out, one man in particular—I can't exactly say what he called out—I heard him hallo out and tell them to be quiet; the principal thing he said was, "Leave off quarrelling up there;" but I can't tell exactly what the words were.
MR. COOPER. Q. Are you quite sure that the words you speak of came from the girder? A. Yes.
JOHN SMITH . I am a cheesemonger and grocer, and live in North-road, Highgate—on the afternoon in question I was with Mr. Downton on the leads of his house, and my attention was directed to the girders by some quarrelling—from where I stood I could distinctly see what was going on the girder—when I first came on the leads I saw the deceased and the prisoner struggling together, striking at each other; they were face to face, straddle-legged across—after they had struggled for a second or two they divided, and sundry words passed between them—I could not say what; they were oaths and quarrelsome language—I then saw Gregory strike at Driscoll with his right hand—he then struck him in some part, from the position I was in I could not say where, and then a man who stood at the back of Gregory threw a rope—when the rope was thrown a word was said that they would fall off if they did not desist quarrelling—when the rope was thrown over Driscoll he appeared to be very exhausted—he threw up his arms and threw the rope off as it fell over his shoulders, and then made a thrust at Gregory with an iron bolt or something in his hand; with that Gregory took hold of Driscoll, lifted him off from the girder, and let him fall down—I saw him fell—I should consider that he took hold of him by the collar and under the arm to lift him—I saw it—I saw him take him by the collar and some part of the body.
Cross-examined. Q. Could you see by what part of the body he took him? A. I have stated it as near as I possibly can—I should almost go to say that he took him by the collar of the waistcoat and placed his hand on the other part of the body; you may put it down that I say so.
SAMUEL FARLEY . I am a decorator, and live at 87, Harrison-street, Gray-inn-road—on Monday evening, 27th May, between 6 and 7 o'clock, I was passing King's-cross—I saw Gregory and Driscoll sitting cross-legged on the rib, face to face—I saw Gregory strike Driscoll several times on both sides of the head—I saw a third man touch Gregory on the back, as though he wished them to leave off quarrelling—that man was standing behind Gregory—I then saw Gregory raise himself higher than he was before, lean over, and take hold of Driscoll—he put his right arm underneath Driscoll's arm, and his left one on his right shoulder, lifted him off the rib, and dropped him down at his right-hand side into the cutting—I saw that distinctly—I was standing about fifty or sixty feet from them, directly opposite; I could see distinctly—I saw the man fall; he fell from Gregory's right-hand side.
Cross-examined. Q. When you first saw these two men, were they both
straddling across the rib? A. Yes—it is about ten or twelve inches wide, I think—the prisoner appeared to me to be standing on the bottom part of the rib, about the height of his knee, by the flanges—at the time he threw off the man his legs were still across, one on each side of the rib, and his feet on the flanges—Driscoll did not appear to be trying to raise himself in the same manner, he rather leant back at the time—they were face to face—Driscoll was slightly leaning back to avoid the prisoner's blows—the prisoner lifted him sufficiently to get him off the rib—I could not say that his two feet were higher than the rib—he certainly lifted him off the rib sufficiently to throw him over—he lifted him entirely off—I think the prisoner was the stoutest man of the two—I do not suppose there was much difference between them—I mean to say the deceased man's legs lifted up above the rib.
COURT. Q. Do you mean that before he let him drop he had got his two legs over the rib? A. Yes, in this manner (describing it)—he lifted him so that he went over and the man cleared the rib—he did not lift him perpendicularly—I saw him taken to the hospital.
JOHN DANIEL HILL . I am house-surgeon at the Royal Free Hospital, Gray's-inn-road—Driscoll was brought there on Monday evening—he died on the following night, about twenty-five hours after he was brought in—the cause of his death was the fall and the shock to the system.
Cross-examined. Q. Did you see the prisoner? A. I did; a few hours afterwards—he had a scalp wound on the left side of the head, such as might be produced by an iron bar—it was a contused wound; a bruise, a small one—the deceased was an able-bodied man—there was not much difference between the two.
HENRY DAWSON (examined by MR. SLEIGH). On the day when this happened I saw the deceased—I was employed at the same works—his mate, Chandler, was with him—I heard them threatening the deputy ganger (the prisoner), that if he made use of any more threats towards them, they would throp him, and pitch into him; if he gave them any more of his lip, I believe, was the term—I did not know either of the men before, for I was a stranger on the work at that time—I left before the accident, and did not hear of it till next morning—this was about a quarter to 5, as we left at half-past 5—I do not think Driscoll was sober at the time—I feel sure that he was not—I was examined before the Coroner.
MR. COOPER. Q. What makes you say he was not sober? A. From the language I heard them use, and the, quantity of beer they had had—I was leaving before them, as they were working at a more important job—I was not present when they were drinking the beer, but Driscoll very nearly knocked me over in the water-closet in snatching a piece of paper from the hand of Chandler.
The prisoner received a good character.— GUILTY .— Confined Twelve Months.
NEW COURT.—Wednesday, June 18th, 1862.
PRESENT.—Mr. BARON BRAMWELL; Sir ROBERT WALTER CARDEN,
Knt. Ald.; Mr. Ald. ALLEN; and Mr. Ald. JAMES LAWRENCE
Before Mr. Baron Bramwell.
653. EDWARD JAMES SMITH (31) , Stealing, whilst employed under the Post-office, a certain post-letter, containing 1 500l. bank note, and a warrant for the payment of 20l. 5s., the property of her Majesty's Postmaster-General .
MESSRS. CLERK and METCALFE conducted the Prosecution.
JOHN HAY . I am a share-broker at Huddersfield—on 16th January, 1861, I sent a letter to Messrs. Moore and Carr, 2, Royal Exchange-buildings, London—I did not post it myself—I inclosed in the letter a 500l. Bank of England note, and a dividend warrant of the Crystal Palace Company for 20l. 5s.—before I put the note in the envelope, I gave it to my clerk, Joseph Bentley, to copy, and then having fastened the letter, I gave it to him to post—on 18th January I received a communication.
JOSEPH BENTLEY . I am clerk to Mr. Hay—he gave me a letter to post on 16th January—before he gave it me I saw him put in a 500l. Bank of England note, and a dividend warrant of the Crystal Palace Company for 20l. 5s.—I took the number and date of the note—this is it (produced) 92,387, 16th January, 1860—I posted it at the Huddersfield post, about half-past 6 o'clock, in time for the evening post to London—I find the same date and number on this note, and here is my writing on it, "J. F. B. 1,170"—that refers to the folio in the book, and I can say that this is the note.
WILLIAM BLACKBURN BASON . I am senior clerk at the Huddersfield post-office—a letter posted at half-past 6 in the evening would be despatched to London that night—a letter posted on the night of 16th January, 1861, would in due course arrive on the morning of the 17th—a letter posted addressed to the Royal Exchange, London, would come up in the East Central bundle from Hudderefield—that would be placed in the London District bag—I made up the bag on the night of 16th January, 1861, and despatched all letters for the Central District.
WILLIAM GEORGE DUNSTALL . I am inspector of letter-carriers at the General Post-office—the prisoner was a letter-carrier on 16th and 17th January, 1861—his duty on the morning of 17th January was to assist in sorting the letters for the B division—a letter addressed to the Royal Exchange would be in that division—the prisoner was on such duty that morning, that it might have come into his hands in the ordinary course—there were nine or ten others engaged in similar duty that morning, sorting for the B division.
ALFRED BAILEY . I am a letter-carrier, and deliver letters in the East Central district—the Royal Exchange was on my walk on the morning of 17th January, and I delivered all the letters to Messrs. Moore and Carr that were given to me.
ROBERT WILLIAM MOORE . I am a member of the firm of Moore and Carr, of Royal Exchange-buildings—on the morning of 17th January, I received no letter purporting to come from Mr. Hay, of Huddersfield, with a 500l. note and a Crystal Palace warrant—we did not acknowledge the receipt, and Mr. Hay sent a telegram to us.
JOHN GARDNER . I am senior clerk at the General Post-office—on 10th January, the prisoner was brought there in custody on another charge—he was asked a question about a 5l. note which was missing, and if he had it about him—he said, "I have a note at home in my cash-box, in a drawer in my bed-room; it is a large one; it is a 500l. note, in halves; I picked it up on Fingbury-pavement, in a pocket-book which I destroyed"—he said that it was about ten months ago—Bingham and myself afterwards asked him where he lived—he said, "At 33, Dorchester-street, New North-road"—Bingham left me, and shortly afterwards returned with the cash-box, in
which we found the halves of a 500l. note, in the prisoner's presence—we asked him whore he got it—he said that he picked it up on Finsbury-pavement, near Cater's, the linen-draper's, in a pocket-book.
HENRY BINGHAM . I am a constable, attached to the Post-office—I was present at this conversation—I afterwards went to 33, Dorchester-street, and saw the prisoner's wife—she took a cash-box from a drawer in the bed-room, and was about opening it with a key—I asked her to give me the key, opened it, and found there a 500l. note, which I took to the Post-office and showed it to Mr. Gardiner.
Prisoner's Defence. About ten months ago I was crossing Finsbury-square to go to White cross-street to buy some meat, and, when against Cater's, I saw this book. I did not look at it till I got home, when I found in it, in a dirty envelope, the two halves of a 500l. note. I said, "Very likely there will be a reward for this," and kept it. If I had stolen it, is it likely that I should have kept it? I did not steal it, or know it was stolen, nor did I receive it from anybody. I was in hopes I should get a reward by keeping it, but I never saw any advertisement
NOT GUILTY .
654. EDWARD JAMES SMITH was again indicted for stealing, whilst employed in the Post-office, 2 post-letters, one containing the halves of two 5l. notes and the half of a 10l. note, and the other containing two half-sovereigns, and the halves of two 5l. notes, the property of Her Majesty's Post-Master-General, to which he
PLEADED GUILTY .— Four Years' Penal Servitude.
MESSRS. CLERK and ORRIDGE conducted the Prosecution.
JAMES IVES . I am assistant-warder at Millbank Penitentiary—the prisoner was a convict confined there on 19th May—I was going into his cell about 8 o'clock in the evening, as he was in the act of leaving it with his day's work—I went in to remove it, but he was bringing it out into the corridor—I was entering the cell to see that it was safe, when I received a blow from some sharp instrument which the prisoner had in his left hand, and struck me with it on the left temple, inflicting a wound from which the blood gushed out—I then received a clenched-fist blow from the prisoner's right hand, which rendered me insensible for a few seconds—the prisoner closed on me, we fell, and he inflicted several cutting wounds on my neck when I was on the ground, one of which cut through my jacket collar, which was the most severe—I then partly regained my legs, but my right leg became entangled with my key-chain—I fell again, and the prisoner inflicted a blow between my eyebrows, which extended nearly to my temple from my nose, and also a slight wound in the corner of my left eye—he also bit my left cheek, and bit the top of my finger, which deprived me of the use of it for some time, and I have lost the nail—the struggle lasted from five to seven minutes, and I received several other wounds not of a serious nature—Minchin, the warder, was there from the beginning—I had said nothing to irritate the prisoner—I spoke to him about an hour before, and said, "Smith, come, get on with your work," and he said, "All right master"—his work was preparing cord for making mats—he had no instrument to do it with—the surgeon dressed my wounds, and I was disabled for sixteen days.
account given by Ives—that is correct—I interfered to prevent the prisoner striking Ives, but did not succeed in securing the prisoner till they had had a struggle of six or seven minutes—I got him by the collar to choke him off but it was impossible to get him off—after the struggle, the prisoner got on his legs, and made a violent blow at my head with something he had in his fist—I parried off the blow, and received a slight wound on the right wrist—after the struggle I endeavoured to get Ives away, and secure the prisoner in the cell; and when he was that in, he called out to another man, "Ryan, come, I have done for one of these b—s; come in, come in, I will do the same for you"—whether he meant Ryan or me to come in, I do not know—Ryan is a convict—I saw nothing in the prisoner's hand.
THOMAS HANDY . I am principal warder at Millbank—on the evening of 19th May, a few minutes after 8, I west to the prisoner's cell, and saw Minchin—the prisoner was secured, and I heard him say, "I have murdered me b—r, and I will murder another—I afterwards found this knife-blade (produced)—he had no business with it whatever—prisoners of that class are not allowed any instrument.
Prisoner. I could have murdered him, but it was not my intention to do so.
COURT. Q. Had there been any struggle between one of the officers and any other prisoner? A. Not that I am aware of.
ROBERT MUNDAY GOVER . I am surgeon to Millbank Penitentiary—Ives was brought into the infirmary, on 19th May, with his face covered with blood—I found several wounds about his face, head, and neck, all superficial but two, one of which extended from the inner angle of the right eye to near the ear—it was about three inches long, and under the brow—it was a little more than one-sixth of an inch deep—the other was on the left temple; it was less extensive, but it went deeper, and divided a small blood-vessel, from which a good deal of blood issued—there was a wound on the neck; it was not deep, but was in a dangerous situation over the artery—he was off duty from 19th May to 5th June—the wounds might be inflicted with this instrument.
The prisoner, in his defence, entered into his history from the time of the Crimean War. He stated that he was discharged at Chatham as unfit for service, and that he had received a medal and three bars from Her Majesty; that he had been in a lunatic asylum, and could not bear to be excited; that, when at Millbank, the officer on duty gave him three months on the dark side of the gaol, and three months on the light side; that an officer named Downs was always at him, and he could not get any sleep; that he tried to do his best, but the officers would not let him, but made his life miserable, so that he would as leave die as not; and that, if he had been treated at Millbank as kindly as he was at Newgate, he would have done everything to please.
GUILTY .— Penal Servitude for Life.
656. EDWARD ORAM (35) , Unlawfully, whilst employed in the Post-office, detaining a certain post-letter, for a long space of time, which had come into his possession by virtue of his employment. Other Counts for detaining other letters.
MESSRS. CLERK and METCALFE conducted the Prosecution.
JAMES GARDNER . I am one of the senior clerks in the Post-office—the prisoner was an auxiliary letter-carrier in the north-west district, that is, Eversholt-street, St. Pancras—on Saturday, 11th May, in consequence of complaints, I made up some letters, addressed to persons in the prisoner's
delivery, and after I had done so, I went to the district office, and the prisoner was brought to me there about 11 o'clock—that allowed time for those letters to reach their destination in the ordinary course—Crocker, who brought him in, produced nine letters to me, all unopened, among which I found two of those which I had made up—I asked the prisoner why he had not delivered them—he said, "Some I do not know, and others were not answered," meaning that some of the addresses he did not know, and others he could get no answers at the doors—I told him I had seen him go to Mr. Garrett, the butcher's, at the corner of Weston-place, and afterwards saw him go to the top of Brewer-street, or nearly so, and I said, "What became of you afterwards, did you go into Agar-town?"—he said, "Well, I did not"—Agar-town, is the part of his district in which the letters were to be delivered—I directed Crocker to go and search the prisoner's house, and he returned with nearly 400 letters and a few papers—the prisoner was present—none of them had been opened—three or four of the letters contained money, and some, keys—Crocker told the prisoner that they were found in a box under his bed, and asked how he accounted for it—he made no reply—they bore post-marks of February, March, and April—there was among them a letter addressed, "Mrs. Clements, 4, Perry-street, Old St. Pancras-road," bearing the London post-mark of 6th March—that is, I believe, in the prisoner's district—the contents of it are gone—I opened it at Bow-street; but as I opened three or four I do not recollect what this one contained—here are two addressed to Mrs. Lockie, 23, Weston-street, Somers-town—I do not recollect what this one contained; it bears the post-mark of 9th April, and the other of March 5th—here is a letter addressed, "Mrs. Horley, Duke of Clarence, Old St. Pancras-road," post-mark 15th April, and three addressed, "Miss Kidwell, 10, Aldenham-terrace," post-marks 19th February, 8th April, and 15th April.
Cross-examined by MR. LEWIS. Q. Were you present when the prisoner said that he had suffered from a sun-stroke in India? A. Yes—I was not present when he said that he had, some time ago, tendered his resignation.
GIDEON CROCKER . I went with Bingham, on the night of 17th May, to the prisoner's house about half-past 10 o'clock—he keeps a grocer's shop—we went to a room at the back of it, and found the prisoner lying on a bed asleep—after some difficulty we aroused him—I should say that he had been drinking—I told him to get up, and asked him if he had finished his delivery—he said that he had—I asked him for his bag—he said he had not got one—I told him I was positive he had, as I had seen him with one—I took a coat from the head of the bed, and found three letters in it dated some days previous—I went into the shop and asked his wife where his bag was, and it was lying at the head of the counter rolled up—I took possession of it, and found nine letters in it, bearing the stamp of that day, which should have been delivered between 8 and 9—I then took the prisoner to the North-western office, leaving Bingham in the house—as we went along, the prisoner said that he had been in India, and suffered from sun-stroke—I told him I thought it was rather the effect of drink—he said, "Perhaps that might have a little to do with it"—I left him with Mr. Gardner at the Western office, went back to the prisoner's house, and found a box of clothing under the bed, in which, at the top, was a bundle of seventeen letters of the previous day, tied up with string—the covers of them are here—they were all sent out for delivery, and of course they got mixed—I found under the clothes, other letters—the whole number I found amounted to 397—they all had
different stamps on them, and had all passed through the Post-office at different dates, from February to May—I took them all to Mr. Gardner—the prisoner was with him—among those letters were two addressed to Mr. Lockie, one to Mrs. Horley, and one to Mrs. Clements—I delivered them, and received back the envelopes—on 19th May I went again to the prisoner's house with Mr. Bingham, and received from the prisoner's wife, an old tea-chest, in which I found 387 letters and packets, all having the post-mark, and different dates between February and May on them—they were also delivered, and the envelopes received back.
JOSEPH FAULS . I am inspector of letter-carriers in the Western district of the Post-office—the prisoner was an auxiliary letter-carrier engaged from 5 o'clock till 9—he had to deliver letters in St. Pancras-road, and was employed during February, March, April, and May—I have seen all these letters produced by the officers; they were all in the district, with the exception (f one or two, which were missorted, and he ought to have turned them out—in cases where he could not find the people, he should sign the letters, put them into his pouch, and bring them to the office next morning—I afterwards had other letters forwarded, and got the covers of them back from the different people.
Cross-examined. Q. Do you recollect the prisoner tendering his resignation? A. No; but I heard that he did; Mr. Baker very likely knows more about it.
WILLIAM AUSTIN BAKER . I am inspector of letter-carriers of the North-western office—the prisoner was an auxiliary letter-carrier; his walk during the present year was Old St. Pancras-road—it was originally York-terrace; but he complained of it being too much for him, it was further from his house, and his walk was changed about four months ago—Old Pancras-road is much nearer to his house, and there are a less number of letters to deliver there—the total number of letters he would have to deliver of an evening would be from twenty-five to thirty; not more than thirty.
Cross-examined. Q. Was his beat changed when he tendered his resignation? A. At that time—I recollect his saying that he had had a sun-stroke, but not that he had been three times shipwrecked, and once burnt out—he may have said so—he did not tell me that his frame was to shattered he was quite incompetent to perform his duty, or anything to that effect—he would hand his resignation to me, and I should hand it to the deputy-comptroller, but he withdrew it, he did not wish to have it forwarded—I told him I could give him a lighter walk, and he said that he felt very grateful, and did not wish his resignation to be forwarded.
EMMA KIDWELL . I live at 10, Aldenham-terrace, St. Pancras-road—these three letters were not tendered to me till 19th May, when they were brought by the officer—I was at home at the time these post-marks represent; I have not left home for some time—my house is not a little out of the way; it is in St. Pancras-road.
ELLEN LOCKIE . I lived at 23, Weston-street, Somers-town, at the time in question—I never received these two letters till they were sent from the Post-office about 20th May—one is postmarked 5th March, and the other 9th April—I was at home at those times—I did not refuse to receive any letters brought to me from my daughter; one of them contained a small coin.
EDITH HORLEY . I have lived at the Duke of Clarence, Old St. Pancras-road, from February down to the present time—this letter addressed to me has the post-mark of April 15th; it was brought to me on 19th May—I have never refused to receive a letter.
COURT to JOHN GARDNER. Q. Have you ascertained how many letters of one date there are not delivered? A. On 13th February here are thirty-three, and on the 14th, twenty-four.
MR. LEWIS. Q. Did the prisoner receive an official bag to carry his letters from the Post-office? A. Yes; which would of course be in his possession.
MR. LEWIS called the following witnesses:
CHARLES JOHN GOSLING . I am a letter-carrier in the employment of the Post-office, and in the tame department at the prisoner—I have observed a peculiarity in his manner for the last few months: I could not help it—he seemed to assist in sorting letters, but he did not do anything; he was more in the way than anything else—I sorted his letters for him, for his district—he was competent to deliver them if I set them in, but not otherwise; and I did it for him for four months, up to the last day—I had to write on the letters in pencil to show him more minutely which way to go—he appeared to me to have a great failing of memory—I had to put some letters in his right hand, and others in hit left; and I did the same for two more, and among these are letters and papers which I had written on; for instance, I put on one, "Opposite the Great Northern Railway"—he would have a good many letters for the workhouse, but there are none of them among the letters found at his house—I used to put these in one hand, and the work-house letters in the other, which were the bulk of his delivery—the average of his walk would be thirty-five letters, eight or nine of which were for the workhouse, and seven or eight for Cottam's iron foundry, and the others would be for private persons, poor people in the vicinity of Agar-town.
COURT. Q. You said something about the 374 letters? A. Those that were found on Saturday night; there are no letters among those addressed to the workhouse or to Cottam's iron-foundry; proving that the letters which I had put into his hands he had delivered—I do not know that he delivered none but what I put into his hands, but I put those separately into his hands every night that I was on duty, and pointed the district out to him.
Cross-examined by MR. CLERK. Q. How long had you known the prisoner at a letter-carrier connected with that office? A. About ten months—I have delivered letters in Old St. Pancras-road—I changed with the prisoner on 15th January, to the best of my belief—I commenced to set up letters for him on 17th January; I mean by that, putting them No. 1 and No. 2—they are sorted by the letter-carriers—I set up his letters in the order in which he was to deliver them, and he set my letters up on the same night for the walk which he had come off; that was on 15th January—the name of the walk was York-terrace—the first night he set up my letters was quite sufficient—he wanted to do to the next night, but I would not allow him—I had learnt the walk sufficiently to deliver them the next day, but he was quite unable to set up his own on the second night—I did not set up his letters every night from 15th January to 19th May, but I did every night I was on duty, and I do not suppose I have been off two nights—I did my own letters as well—I never noticed that he was the worse for drink—he never told me that he had not delivered the letters—I never made any report that he was unable to set up his letters—it would have been unjust of me to report him; it was not my duty—I was directed to set up his letters for six weeks, and then the prisoner was told by the inspector that he had better move from where he was sitting next to me, and he had to remove to another part of the building—after that I had to go and do the same for him as I had done before, because he was quite lost—he came to me and asked me several times where different places were which he had been to
before, and I went from my seat to his—he did not tell me that he had not been able to find any place the night before—he never told me that he had not delivered letters, merely that he had forgotten the address—I used to write on the letters in pencil, but not on those for the workhouse or Cottam's, though I used to make them into separate bundles—(The witness locked through the 743 letters produced, and picked out several on which he had written in pencil).
Q. You have given this letter out as one which you have written upon; what have you written on it? A. Nothing; but there was 2d. to pay upon that which the prisoner would have to pay if he did not deliver it—I do not know who wrote this "Not known" on the other letter—here it another with 2d. to pay—though I have written nothing on these, my object in selecting them it to show that the prisoner could have meant no harm, because if he did not deliver them he would have 2d. to pay—I have written on this letter "Try Noakes'," thinking the prisoner knew Noakes', which is a well-known saw mill—I have written on this other, "Corner of Weston-street, Mr. Parkes, King's-cross," thinking he knew Weston-street better than King's-cross—he gave me nothing for setting up his letters.
MR. LEWIS. Q. Were then many other persons present who could see that he could not set up his own letters? A. Yes; many of them knew it in the office.
CHARLES THOMPSON . I am an auxiliary letter-carrier in the Post-office, and was in the same department as the prisoner—during the last three or four months I have observed that he was vacant in his habits and memory—I cannot say whether he could sort his own letters.
Cross-examined. Q. Did you ever drink with him? A. I have had a glass of ale with him, but not often—I have never seen him the worse for liquor—I made no observation to any of the inspectors when I saw him vacant in his habits and memory.
COURT to JOHN GARDINER. Q. Is Agar-town an out of the way place? A. It is the extreme end of his delivery—I do not now remember where the letters were—among these 743 letters there are a great many the doors of which he must have passed.
GUILTY .— Confined One Year.
MR. WALTON conducted the Prosecution.
MARY KING . I am the wife of John King, a labourer, of 31, Charles-street, Westminster on Sunday, 13th April, I was in my room with my husband, cleaning myself and putting my things on, when the prisoner, who is my grandson, came in at the door—he had been in before, and left, and he came in again—I saw him coming across the room with something like a knife or a razor in his hand, and I knew it was murder directly—I shouted out, and he struck me across the free directly—I fell, and put the table over me, because I was afraid he would cut my throat—he cut me again across the head, and beat my head with a stick—the doctor came and stopped the blood—the bones of my head are still sore—I bled wonderful—a doctor from Parliament-street came in—I was taken to the hospital, and was these seven weeks—I had had no quarrel with my grandson, but a week or two before, when I was talking about May-day, he said that I should not be alive on May-day, but I did not take any notice of it before he threatened my life—somebody told me that he threatened my life before he tried it—he said so to his mother.
Prisoner. As to my saying she would not be alive on May-day it is a gross lie, but I know she said that May-day would be a gay one. I had no intention of taking her life; if I had wished to do so I would have done it when there was nobody in the room, and I should have locked the door. I did not intend to take her life; I only intended to draw some of her blood. It is evident she is connected with the devil. There have been persons connected with the devil who have done things of witchcraft, though it is not believed in at this day. If you can prove to me that she does not work by devilish arts, I am willing to forfeit my life for her's.
COURT. Q. Did your grandson live in the house? A. Yes—he did no work—he has had his soldier's pension for twelve months, and his mother and I keep him together—I have never had a quarrel with him—I have not found fault with him particularly—when I saw him with the razor I was sure he was going to murder me, because he had tried my life before—I cannot tell how he came to do that—I had had no quarrel with him, but he is strange in his mind—people have said that he is out of his senses, and it seems a good deal like it by what he says.
Prisoner. Q. When did I try to take your life before? A. You came down one morning to try to take my life when my husband was gone to work, and you used to come to my door of a morning for that purpose.
COURT. Q. When you say that he has tried to take your life before, you mean somebody has tried your door to get in at it, and you think it was the prisoner? A. I know it was him; I am sure of it.
JOHN KING . I am a labourer, and live with my wife at 31, Charles-street, Westminster—the prisoner is my grandson—on Sunday, 13th April, I was sitting by the fire after dinner, and the prisoner came in and warmed himself in front of me—my wife was by the window washing herself—I was not asleep, but I often go to sleep after dinner, and was sitting with my head down, when I heard a bustle, and my wife shouted out—I got up, and was knocked down by the prisoner—I did not see any more of it—I was unsensed, and did not see what he had done—I saw no instrument in his hand—I was apparently like one half asleep—I knew he was beating with a stick, but did not know what it was, and when I got up to rescue her the prisoner left home—I saw the stick, and heard different gashes, but did not see the instrument he used—I took hold of him, held him by the hands, and called out—a man and woman came who live on the first-floor above me, and afterwards the landlord and landlady—they went and brought a policeman, who took the prisoner—they sent for a doctor, who did all he could to stop the blood, and she bled confusedly, wonderfully—two police-men took her to the hospital, and I came back again, and as I was walking by the table I saw my razor on it, which I had not used for two or three months.
WILLIAM MARSHALL (Policeman, P 277). I was recently 599 A—on Sunday, 13th April, I was on duty in Charles-street, Westminster, and received information—I went to No. 31, and found the prisoner struggling with the prosecutrix, who was bleeding from the head and face—he said, "I have done it, and do not wish to run away"—I said, "I do not wish you to say anything to criminate yourself, as probably the wounds will prove fatal"—I saw him drop this razor from his right hand—I picked it up, and he again said that he had done it—I asked the woman what it was done with—she said, "With ray boiler stick," and that I should find it near where he was standing, and there I found this stick (produced) with wet blood upon it—the prisoner said, "The d—d old bitch ought to have been dead years
ago"—the woman was leaning on a bed and resting on a chair when I went in, bleeding from the wounds, and I took the prisoner in custody, and took the old woman to the hospital.
Prisoner. When you take that book and say, so help you God, do you mean the God of this world, commonly called the devil, or the God above? He says he saw the razor drop out of my hand, whereas it has been said that I had not got it before; though I do not care much about the affair, but I like to speak the truth.
GEORGE START (Police-sergeant, 32 A). On Sunday afternoon, 13th April, I was on duty at King-street police-station, about a quarter to 4 o'clock, and the prisoner was brought there by Marshall, who was directed to charge him—I said, "Poor old woman;" and the prisoner said, "Serve her right, she ought to have been dead years ago, she has done me harm enough"—I entered the charge and read it to the prisoner—he made no reply, but on placing him in the cell, he said, "Now I do not want it thought that I wanted to kill the old lady outright, I only wanted to spill her blood, which I have done; it is not what I shall hate to suffer in this world but the next."
CAUDELL CLARK . I am a surgeon, and late house-surgeon at Westminster Hospital—on Sunday, 13th April, Mary King was brought there on a stretcher covered with blood—I immediately admitted her, and found on her face three contusions which must have been caused by some blunt instrument—on the left side was an incision extending across the cheek to past the ear, and another extending from the top of the head down to the same place—those two wounds might have been inflicted by a razor—there was a great collection of blood under the scalp—there was very great danger, in consequence of which I sent to the Magistrate to take her evidence—(The prisoner's statement before the Magistrate was here read as follows)—"The latter part of my grandmother's evidence, about my saying she would not be alive in May, is false; she is a woman not fit to live; she has dealings with, and is connected with, the devil; I am certain of it."
Prisoner's Defence. Why I did shed her blood, was because she should not have that power over me which she has done with her arts; two hundred years ago I know such a woman would have been put to death without any ceremony about it. The reason I took upon me to revenge my own wrongs, was because I expected I should get very little redress from the law, because people consider themselves so much enlightened in these days that they do not believe in such a crime, but I do believe in it.
GUILTY .— Penal Servitude for Life.
MR. LLOYD conducted the Prosecution.
JOHN POPE . I am a carver, of 28, Montpellier-row, Brompton—on 8th May, about 12 at night, I was in Piccadilly, between Park-lane and Hamilton-place, and saw a Hansom's-cab and a four-wheeled cab near together—the prisoner got off his cab, got on to the forewheel of the four-wheeled cab, took the driver by the collar, and pulled him on to the kerb, and I thought the man's head was smashed to pieces—his face came on the kerb—he hallooed "Murder!" twice, and a policeman came up—I said, in the prisoner's presence, "I think I never saw a more cruel thing in my life"—I should not like to say that the prisoner was drunk, but he seemed very excited.
Cross-examined by MR. DURHAM. Q. How far were you from the cabs?
A. Fron two to three yards—the first thing I saw was the two men black-guarding, each other—they were then both on their cabs—there was nothing but bad language between the two of them—I heard one, I do not know which, say, "B—y Exhibition cabman"—I saw the prisoner get up on the wheel—he was swearing at the man and pulled him off—the deceased most likely had a strap and badge—I am positive the prisoner took him by the collar; whether he took him by the strap as well, I do not know—I was perfectly sober.
MR. LLOYD. Q. Did you see any struggle between them previous to the prisoner getting on the wheel? A. No—I saw no striking at all.
COURT. Q. Did anybody ever suggest that you were not sober? A. No; this is the first I have heard of it—the four-wheeled cab was the nearest to the kerb—they had both stopped with their horses' heads towards London, and were abusing each other—the Hansom's cabman got down and went round to the four-wheeled cab's horse—they were both on their own side of the way—the deceased did not drive off, but waited for the prisoner to come and lay hold of him—the deceased did not lay hold of the prisoner; I do not think he had a chance of saving himself—the prisoner fell as well—the had hold of the deceased by his coat, and pulled him to him, and the deceased came to the ground on his face.
WILLIAM SMITH (Police-sergeant, C 1). On 24th May, in consequence of information, I took the prisoner in Great Marlborough-street—I said that he was charged with assaulting a cabman named Charles Field—he said, "It is a bad job; we had a quarrel; he called me a liar, and struck me with his whip; I got off my cab, took hold of his badge-strap, and, in the struggle which ensued, he fell through my arms on to the foot pavement; I think he must have been drunk, for he fell like a lump of lead; I accompanied him to the hospital; I have been several times to see him since, and have taken him port wine and other things"—he was taken before the Magistrate, and I afterwards, on the same day, took him to the hospital into the deceased's presence—several other witnesses were present—I said to the deceased, "Who caused the injuries to your head which you are now suffering from?"—he pointed to the prisoner, and said, "That man there"—I said, "Tell me how it happened, will you?"—he said, "I was driving along Piccadilly, and thought I heard some one call 'Cab'; I thought I should like to take another job—"he was going to state something else, but he wandered from the subject—I gave him sufficient time to recover, and said, "Are you sure that man (pointing to Walker) is the man?"—he said, "Yes"—the prisoner merely asked him how he was.
Cross-examined. Q. Did he go readily with you? A. Quite readily—he appeared very sorrowful.
MARY FRANCIS FIELD . I live at 6, Buckingham-street, Strand—Charles Field was my son—I was with him when he died, and two days and two nights previously, at St. Georges Hospital—the prisoner came to see him in the night, and said, "How do you do?"—he said, "I do not know you"—the prisoner said, "I am the man that did that," pointing to my son's head—I said to the prisoner, "How came you to do so? it was very cruel of you"—he said to my son, "Do you know how it happened?"—my son said, "About 1 o'clock in the morning I was near Hyde-park Corner, and heard 'Cab' called; you were behind with your cab, and the wheel came against mine; you said, 'You did it on purpose;' I said, 'I did not,' and then you called me a liar; you got off your cab, took me by the collar, and threw me on the kerb"—the prisoner said, "You fell as heavy as though
you fell from the top of the house," and he asked my son what he was going to do; whether he would make it up in any way.
FRANCIS WOODHOUSE BRAIN . I am a member of the Royal College of Surgeons, and house surgeon at St. George's Hospital—the deceased was admitted on 8th May, suffering from a wound on the right side of the head, just above the forehead, about an inch and a quarter long, going down to and exposing the bone—there were two other slight wounds by the side of it—he west on pretty well for ten days, when he had an attack of inflammation about the bone, followed by inflammation of the membranes of the brain, and he died on the 25th from that inflammation and from the matter produced by it—I attended him all the time—it was such an injury as would he inflicted by falling on a kerb-stone—I was present on the 24th, when the prisoner and the deceased and Smith were together—I have heard what smith has said; it is perfectly correct.
Cross-examined. Q. Was the deceased a strong powerful man? A. Not what I should call a powerful man; he was an ordinary man—I cannot say whether he was drunk or sober—he was not as powerful a man as the prisoner, and certainly not more powerful.
ROBERT FROSDICK (Policeman, C 107). On the morning of 8th May, just after 12 o'clock, I was in Piccadilly, and saw the deceased sitting on the side of the palings, with blood running down his face and clothes—the prisoner was there within hearing—I asked the deceased how it happened—he pointed to the prisoner, and said, "That man pulled me off my cab by my badge-strap on to the kerb"—I asked him what I should do for him—he said, "Take the number of the cab, and remove me to the hospital"—I did so—the prisoner said nothing.
Cross-examined. Q. Did he attempt to run away? A. No; he followed me to the hospital, and when I came out he was standing outside.
COURT. Q. Did the driver of the Hansom's cab say, "I am the man who did it; it was through a fall?" A. Yes.
HENRY GALE . I am a cab driver—on 8th May I was in Piccadilly with a four-wheeled cab, and when near Hamilton-place? I heard an altercation between Field and Walker, and very bad language being used—the deceased said, "B—y Exhibition cabman; who are you?"—Walker said, "You are a b—y vagabond"—Field immediately took his whip in his hand and struck him twice across the back—that was all I saw, for, having a fare, I was requested to drive on.
Cross-examined. Q. Could you see if the deceased was drunk? A. I had not much opportunity—he was not on the pavement when I saw him—I did not see him taken off the cab—he was wearing a badge—I could see that by the strap across his shoulder—I know the prisoner well, but only by pulling up at different ranks.
MR. DICKIE called the following witnesses.
EDWARD HAINES . I live at 5, Lock's-terrace, Camden-town—on 8th May, at 1 o'clock in the morning, I was in Piccadilly, and saw two cabs draw up close to the kerb; the Hansom's cab rather in advance of the other—I heard a deal of bad language from both men—the man on the Hansom's cab said, "You b—old scoundrel, what did you do that for?" the man on the fourwheel said, "You are a liar, I did not do it, you are a b—Exhibitioner," and he stood up and struck at the prisoner with the whip—the man on the Hansom's cab got down, got on to the wheel of the other cab, and they took hold of each other—there was a scuffle, but no blows that I saw, and they both fell, but the one who fell from the wheel did not lose his footing—the
other man fell with him, or at the same instant of time, and came on his face—I cannot say what state the deceased was in, but he used very bad language, and was very violent.
Cross-examined. Q. You say that he fell from the wheel? A. Yes, from the nave of the wheel, and fell on his feet—I could not see whether he had hold of the badge-strap at the time, but they had hold of each other—the deceased fell from the box—both the horses' heads were towards town and from Knightsbridge—they were not in collision or touching one another, when the deceased struck the other with the whip.
COURT. Q. When did you first give any evidence on this matter? A. At the Coroner's inquest—I went there because after the affair was over, the prisoner, who was almost crying, said, "Did any one see the beginning of this?"—I said, "Yes, I did"—he asked me to give him my name and address, which I wrote for him under the next lamp, and the next I heard of it was a summons to attend the inquest—I did not see the prisoner again till I was summoned by the Coroner—Sergeant Smith brought me the information on Sunday night—I did not know at that time that the man was dead, or that any mischief had happened.
GUILTY .—Recommended to mercy by the jury on account of the provocation.—
Confined One Day.
THIRD COURT.—Wednesday, June 18th, 1862.
PRESENT—Sir ROBERT WALTER CARDEN, Knt., Ald.; MR. RECORDER; and
Before Mr. Recorder.
MR. ORRIDGE conducted the Prosecution.
EDWARD PEDGET . I did live at 2, Poppin's-court, Fleet-street—I am a carpenter—about half-past 6 o'clock on the evening of 16th May, I was in Fleet-street, looking at a man with some owls—I felt some one press me, and something at the same time at my waistcoat pocket—I turned sharp round, and saw the prisoner standing behind me—I asked him what he was doing—he said nothing, but turned round and gave something to the man with the owls, and whilst so doing he let the bow of the watch fall—this (produced) is it—I looked round for a policeman—he walked quietly away, and I followed him, and gave him in charge in Shoe-lane—I am quite sure it was he who dropped that bow—I saw his hand move round my side, where my watch was—that was when I felt the pressure.
Cross-examined by MR. CARTER. Q. What day of the week was it? A. Friday—it was a basket of owls that I was looking at—I had to stand in front to see them—there were not many persons about; eight or nine perhaps—I was in front of those who were looking at the owls—there was only the prisoner looking over my shoulder—the other six persons were standing round, but they were at a distance from me—there was a person on my left; but none on my right—I do not know who that was—he was half a yard from me at least; it was on the pavement—I did not see my watch go, or see it in the prisoner's hands—I saw something in his hands when he gave something to the man with the owls—it looked white like money—I cannot swear that it was not money—he was behind me—I carried my watch in my waist-coat
pocket—I cannot say whether he had gloves on: I saw the head, but I do not remember whether he had or not—he walked away after he had given the man what appeared to be money—I did not speak to the man with the owls to ask what had been given to him—I did not stop and see whether he went away—I did not go back to him—I have not seen the watch.
ROBERT LILLEY (City-policeman, 344). I took the prisoner on the evening of 16th May about a quarter to 7 o'clock in Fetter-lane—he was walking fast towards Holborn—I saw the prosecutor just after; the prisoner passed me; he said, "That man has stolen my watch"—I ran after she prisoner, stopped him, and told him he was charged with stealing a watch—he said, "Me do such a thing? it is a mistake altogether"—the prosecutor then came up alongside of him and said. "You did steal it, for saw this bow drop from year hand"—I took him to the station, searched him, and found 3s. 6d. on him, and a common brass ring—he gave me a false address.
Cross-examined. Q. Have you anybody here from the house of which he gave you the address? A. No, I have not—I did not find any watch on him. (The prisoner's statement before the Magistrate was here read as follows: "I would rather it be settled here.)
GUILTY .— Confined Six Months.
660. THOMAS MORTON, (40) , Stealing 31 spoons, value 15l., 13 knives, value 2l., 1 pair of sugar tongs, value 15d., and 14 forks, value 20l. 15s. the property of Edward Rhys Jones, in his dwelling-house.
ANN WEAVER . I am housemaid to the Rev. Edward Jones, who lives at the Rectory, Lambeth—on 13th May, I saw the plate basket, containing a quantity of plate, safe at half-past 6 in the evening, in the housemaid's pantry in a closet—there were 49 pieces altogether in it, forks and spoons—I left the pantry—I might have gone into it again, but I did not miss the plate till about 9 o'clock, when I looked in the basket, and it was all gone—there is an area, but no gate to it—any one can come down to the kitchen door—I do not know that it had been open that evening; it is generally kept locked—I looked and saw that the doors appeared all fast, but other people might have gone out—this (produced) is the property.
Prisoner. Q. Did you ever see me in the neighbourhood? A. I never saw you in my life until I saw you in Worship-street.
RICHARD KENWOOD (Policeman, H 194). On the night of 30th May, I was in the Whitechapel-road, two or two and a half miles from the prosecutor's house, and saw the prisoner with another man who was walking in front, on the look-out—something attracted my attention—I stopped the prisoner and asked him what he had got in his pocket—he said, "I have got nothing"—I said" You have got something there, let me see what it is"—another constable came up and pulled away his hand—I then put my hand in his pocket and pulled out these spoons and forks—I asked him how he accounted for them; he said a man had given him them—I asked him who the man was; he said he did not know—I asked him where the man lived; he said he should not tell me—he then said a man gave them to him in Club-road—he afterwards stated that it was in Plummer's-road.
Prisoner. Q. I told you a man gave it me to carry in Brick-lane? A. No; you said a man gave them to you to carry—where I took you in custody was about fifty or sixty yards from Plummer's-road.
COURT. Q. Was he going in a direction from those places? A. He was going towards Club-road from Plummer's-road.
Prisoner's Defence. The female witness swears that at the time she
missed the plate, all the doors were looked; how could I obtain access into the room to steal it? Supposing a person stopped me and asked me to carry a parcel and then the policeman found me with it upon me, what could I say? should I not be employed to carry it? and that is what I say in this case.
PLEADED GUILTY. **— Three Years' Penal Servitude.
661. WILLIAM ISAIAH DUTTSON (44) , Embezzling and stealing the sums of 100l., 100l., and 150l.; also the sums of 250l. and 50l., of Henry Tritton and others, his masters; to both which he PLEADED GUILTY .
The prisoner received a good character.
Four Years' Penal Servitude.
662. FREDERICK SIMPSON (20), and EDWIN JAMES MAY (20) , Burglariously breaking and entering the dwelling-house of William Timbs, and stealing therein a coat, value 3l., and other goods, value 5l. 10s. his property.
EMMA ELWOOD . I was servant to Mr. Tumbs, on 9th May, of 2, Eleanor-place, East India-road—early on the morning of 9th May, I was aroused by a ring at the bell—I had closed the window in the kitchen the night before about 12 o'clock, saw that the other parts of the house were safe, and then went to bed—Mr. Timbs followed me upstairs; he was the last person up—in the morning I saw my work-box in the front-kitchen broken open—I had left it in the back-kitchen, looked, the night before.
WILLIAM TIMBS . I was awoke on the morning of 9th May, by a violent ringing of the bell; my father-in-law was sleeping on the ground-floor, he heard it before me—I went down and found the back-kitchen window open, and all my things lying out on the kitchen table, put together ready for removal—they had been is a keg in the corner by the piano the night before—I went to bed after the last witness—I did not open the kitchen window after she had closed it.
GEORGE BROWN . I was at 39, Ashton-street, on this night—that is almost adjoining the back of Eleanor-place, it is four or five yards distant—on the morning of 9th May, between 4 and 5 o'clock, I heard a noise—I jumped out of bed, put on my trousers, looked out of the window and saw the two prisoners going down the street—I had never seen them before in my life, that I am aware of—I followed them—my wife called out, "Police?" and one of the prisoners turned round directly and called out "Stop thief?"—Simpson put his hand in his pocket, made use of a bad expression, and came across to attack me—I ran away—both the prisoners came after me and then I stood up against them—I gave them in charge to a policeman—there were footmarks along the yard from Mr. Timbs' house to mine.
CHARLES ABBOTT (Policeman, K 322). On 9th May, I was on duty in the East India-road, Poplar—I went to Mr. Brown's house in Ashton-street, where they were crying out "Stop thief!"—I went through Mr. Timbs' house, traced the footmarks, and found a quantity of things packed up ready for removal—the kitchen window was open, and there were some burnt matches and this piece of paper with a candle in it—two of the matches lay on the window-cill—I afterwards searched Simpson, and found on him a box of matches of the same length and dip as the others; there is nothing peculiar in them.
9th May, in the East India-road, and saw the prisoners close together, talking, against Mr. Timb's house, about 3 o'clock—I was going that way, and as soon as they saw me, they walked away; I walked by them and turned round and had a good look at them, and about half-past 4, I was on duty in Ashton-street, and saw them both come out of Mr. Brown's house—I pursued them, and ran them into the arms of another policeman—I took them into custody, and took them to the station—I saw a light in Mr. Timbs' house about half-past 3—I tried to arouse them, but they did not come down to answer the door—after I took the prisoners in custody, I went back to Times' house with the last witness.
Simpson's Defence. I was walking along on the night I was taken; I was in liquor, and it rained so fast that I took shelter in Mr. Brown's yard, and seeing where I was when I woke up, I went in the house I was in there for no bad purpose.
The Court considered there was no evidence that the prisoner were in Mr. Timbs' house.
NOT GUILTY .
GEORGE BROWN repeated his former evidence, and added—When I went back from the station I found the back window was open, and two flower-pots had been taken from inside the room, and the third one knocked down and smashed—that would not produce the noise I heard—it was the bursting of the passage door which awoke me; I found the fastening of that door had been broken.
ELIZABETH BROWN . I am the wife of the last witness, and was the last person up in the house—I came in at the front door after he had gone to bed—I bolted and locked the door—that was a little after 11—about 5 o'clock in the morning I heard a noise, and then another noise and then a crash—I then threw the window up, and saw the two prisoners go out at the street-door—I awoke my husband, and hallooed out, "Police!"—neither of them was out then, but they came out afterwards—they turned round and looked at me, and when I hallooed "Stop thief I" they hallooed "Stop thief!"—I am quite sure of them—I found a brace in the back parlour, and gave it to the officer.
CHARLES ABBOTT (Policeman, K 322). The two prisoners were brought, by another constable, to the station—I had previously been to Mr. Brown's house—I heard the cries of "Police!" and went there at the time the officer and Mr. Brown were running after the prisoner—I received this brace from Mrs. Brown next morning—I examined the prisoners—May had only one brace, and it corresponded with this.
Simpson repeated his former defence.
May's Defence. I was in the house with no bad intention.
They were both further charged with having been convicted at this Court in July, 1860, and confined Eighteen Months each; to which they both
PLEADED GUILTY. **— Four Years each in Penal Servitude.
of horses' feet in front of me—shortly afterwards I saw the prisoner coming on horseback, driving another horse before him—I went up to him—he turned up a bye-lane opposite—I followed him, and stopped him—I asked him whose horses they were, and where they came from—he said, "Never mind; here I are"—I put the same question several times, and he made the same answer—I told him I was not satisfied, and he should not go any further till he satisfied me better—he then said he was going to take the horses to a public-house, Mr. Simpson's, at Edgware—I said I should go with him—he then jumped off the horse, and attempted to run away—I went after him, and took him—he began to cry, and said he was a d—d fool, he thought he should get away—he said if I would let him go, he would give me a shilling, and come to dinner with me on Sunday—on the way to the station he said he met a tall young man, who told him he had lost two horses, and if he found them, he would pay him—I asked him who the young man was—he said he did not know, nor where he came from—I asked him if he would tell me the truth—he then said that they belonged to Mr. Tomlin, of the Alma, at Harrow Weald—he was about a mile and a quarter from the Alma, coming from it—I gave the horses up to Mr. Oliver Tomlin, the son.
SILVESTER TOMLIN . The horses that were given up were mine—my son had been using them that very day—three of them were turned out, about 7 or 8 o'clock in the evening, on a bit of waste land at Harrow Weald—I never saw the prisoner to my knowledge before.
Prisoner's Defence. I was at work at Harrow Weald, and a man told me that if I would take them to Stanmore in the morning, he would pay me. I did not start from Harrow Weald that night until 11 o'clock.
GUILTY .— Confined Two Months.
FOURTH COURT.—Wednesday, June 18th, 1862.
PRESENT—MR. Ald. ALLEN; Mr. Ald. LAWRENCE; and ROBERT
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAWFORD and LLOYD conducted the Prosecution.
LEWIS MARCUSSEN . I am a tobacconist, of 131, London-road, South wark—on 11th April the prisoner came to my shop and asked for half an ounce of tobacco—the price was three-halfpence—he tendered me a bad florin—he said he was not aware of it—I said I intended to give him in custody—he said he had no objection; he had it given to him by a gentleman in the City for carrying a parcel—I sent for a constable, and gave him in charge—I went to the police-court—he was remanded and discharged—I gave the florin to the constable.
HENRY THOMPSON (Policeman, M 229). On 11th April the prisoner was given into my custody by the last witness, with this bad florin (produced)—the prisoner was taken to the Southwark Police-court, and afterwards discharged.
JOSEPH IREDALE . I am barman at the Flower Pot in Bishopsgate-street—I served the prisoner on 26th last month with half a pint of beer, which was 1d.—he offered me in payment a bad florin—I told him it was bad—he said a gentleman had given it to him—I sent for a constable, and gave him in charge with the florin—I saw the prisoner before, about a month previous,
at the Flower Pot—he tendered a bad florin then for some beer, and I broke it, and gave it to him back—I told him, on 26th May, that he had been there before, and he said that I was mistakes—I hare no doubt about his being there before.
Prisoner. Q. What do you swear to me by, as being there before? A. From your appearance—you told me you had got the florin from a gentleman for carrying a box.
Prisoner's Defence. I can assure you that I was not aware that either of those florins were bad. I get my living in the street—I am not able to work, as I have lost the use of one of my hands.
GUILTY .— Confined Twelve Months.
OLD COURT.—Thursday, June 19th, 1862.
PRESENT—Mr. JUSTICE CROMPTON; Sir ROBERT WALTER CARDEN, Knt. Ald.;
Mr. Ald. ALLEN; and ROBERT MALCOLM KERR, Esq.
Before Mr. Justice Crompton.
MR. POLAND conducted the Prosecution.
MARY MADDEN . I am eleven years of age, and live at the Greyhound, at Fulham-field—on a Tuesday in May last I was playing there with a shovel in my hand—the deceased man Bailey tried to take it from me—the prisoner came up, and said that Bailey was beating me—Bailey told him to mind his own business—the prisoner turned round, and was going to hit him, and Bailey took off his belt, and was going to hit the prisoner, but he snatched the belt away from him, and said he would break it and cut it up—Bailey said, "Cut it up, and I will give you a chance"—the prisoner then threw Bailey down, and was going to kick him, and the, prisoner said he would stamp his guts out—he, was then on the ground—the prisoner did stamp upon him, and kicked him in the side—Bailey stood up, took off his coat, and said he would fight him fair, and then called to Mr. Connor to catch hold of him.
JOHN WATTS . I am a traveller, and live in Albion-terrace, Kensington—on Tuesday, 20th May, I was passing through Fulham-fields—I saw Bailey there—he was a militia-man, and was in his uniform—I saw him run from the piggery into the road, and the prisoner after him—Bailey laid himself on the ground as if he would not fight, and the prisoner began kicking and striking him while he was on the ground—he kicked him on the right side several times, and knelt on him with one knee; it seemed to me on his chest—Bailey was kicking his legs up in self-defence—I did not see him kick the prisoner—the prisoner got off of his own accord, and went into the yard about his work—Bailey then got up, took off his jacket, and said he would fight him fair, like a man—he directly dropped on the ground, and
cried out, "Oh, Mr. Connor, do come and help me; I feel as if I had got pins and needles sticking into me"—he was assisted into the outhouse, and afterwards taken to the dispensary—I afterwards saw him dead.
GEORGE JAQUES . I am a shoemaker, at Fulham-fields—I saw the prisoner and deceased there on this Tuesday—they were standing up in the attitude of fighting—they struck the one as the other—I believe Bailey gave the first blow—in the tustle Bailey fell and the prisoner on him—he leant on him, and began punching him, and telling him he would kick his guts out of him—he kicked him and stamped his feet on his chest—he kicked him on the right side five or six times with his heel—it was done violently—he laid hold of him by the belt, and the belt broke and came off—Bailey defended himself by kicking upwards—I then left—the prisoner was going away at that time.
JOHN THOMAS O'CONNOR . I am a cab proprietor—on 20th May I saw Bailey lying on his back in the road and the prisoner standing over him, looking at him—they were abusing each other and having some aggravating talk—the prisoner stooped down to give him a clout, and at the same time Bailey shot up his legs and caught the prisoner on the chest—the prisoner said, "I will stamp your guts in"—he leant towards him, and jobbed with one leg and kicked with the other—he rested one leg on his body and kicked with the other, on the right side—I hallooed to him, "Don't kick, whatever you do"—he stopped directly and came up to me—Bailey rolled on the road for a second or two, and then got up, walked up manfully, stripped off his jacket, and said, "D—you, don't kick, and I will fight you fair;" and all of a sudden he folded his arms, and said, "Oh, Mr. Connor, I feel as though there were pint and needles sticking throught my body; pray do something for me or else I shall go lock jawed;" and he was taken to the hospital.
COURT. Q. Was the prisoner at work for you? A. Yes—when he came into the house where Bailey was lying he was in a dreadful way, and was very much affected—I think he Beamed very sorry—I told him he had better give himself up, and he did so.
CHARLES ALFRED ATKINS . I am house-surgeon at the West London Hospital—on 20th May Bailey was brought there—he was in a state of collapse—when he was roused he complained of pain in his right side, over the liver—he was put to bed and stimulants were administered—he died the next day—I made a post mortem examination—his death was caused by a rupture in the liver, happening in a previously diseased part, that could not have happened except from external violence—a kick on the right side would be very likely to do it—there were no external bruises—it might have been done by a kick without there being any external bruises—there was a bruise on the surface of the stomach—that might have been from a blow—that was not connected with the injury—the prisoner was brought to the hospital and Bailey made a statement there in his presence, which was taken down by the Magistrate's clerk.
COURT. Q. From the liver being previously diseased, would it be more likely to be ruptured? A. Certainly; but in my opinion it could not have happened without external violence.
WILLIAM HENRY ANDREWS . I am clerk at Hammersmith Police-court—on Tuesday, 20th May, I was sent for to the West London Hospital—I went there accompanied by Mr. Bird, a Magistrate of the county—I found Bailey in bed there—the prisoner was present—I took down a statement that Bailey made in his presence—he was sworn—the prisoner had an
opportunity of asking him any questions—he was not asked if he wished to do so—(The statement was here read as follows: "My name is John Bailey; to-day, at half-past 5, I was at Fulham-fields; a little girl at the door had a shovel in her hand; I went to take it from her; this man came up and said, "What are you about? you are knocking her about;" I told the child to say if I was hitting her; I kicked him and he kicked me back again in the guts; I do not know whether I shall get better or not; if I thought I was dying I should say the same; it is the truth I have said")
GUILTY .—Recommended to mercy, the deceased being the aggressor.— Confined Five Months.
MESSRS. METCALFE and CARTER conducted the Prosecution.
A certificate (under the seal of the Registrar General) was put in of the marriage of Jonathan Gotobed of full age, bachelor, to Barbara Catherine Morris of full age, spinster, on 22nd August, 1848, at St. Helen's Chapel, Billericay, Essex, according to the rites and ceremonies of the Roman Catholic Church, in the presence of Anthony Morris and Vincent Morris, signed William Curtis, registrar, and certified to be a true copy).
WALTER SMITH . I am a corn merchant, and live in Claremont-square, Pentonville—I knew Jonathan Gotobed—I knew him before his marriage in 1848—I knew the defendant for a short time before her marriage, by the name of Catherine Barbara Morris—I met them both at the house of a friend of mine at Islington—Gotobed was a builder at the time I knew him; at the time of the marriage—I was in the habit of seeing them at the time—I saw them after the marriage about half a dozen times, or it might be more—the defendant was called Mrs. Gotobed—I met them at private houses—they lived in Islington for a short time after they were married—during that time they were living as man and wife—a sister of Mr. Gotobed's married a very distant relation of mine—the last time I saw Mr. Gotobed was in the police-court at Bow-street, some three or four months ago, during these proceedings.
Cross-examined by SERJEANT BALLANTINE (with MR. GIFFARD). Q. Gotobed's sister married a person of the name of Brown, did she not? A. I do not know—I heard of Gotobed being in Canada in 1842 and 1843, but I did not know him until after his return from Canada—I did not know Miss Morris's family until after the marriage—I believe they were most respectable people in the county, and very old residents there—I believe they resided at Brentwood—I should think the defendant was more than sixteen when I knew her—I only knew her about a month or five weeks before her marriage—she appeared young when she was married.
MR. METCALFE. Q. Was she living with her friends at that time? A. With her father and mother—I believe her father was a farmer, or something of that sort, at Brentwood.
A certificate (under seal) was put in and read of the marriage of William Langham Hazlerigg Le Hunt Wilson, of full age, to Barbara Catherine Howard Morris Gotobed Gordon of full age, widow, on 12th January, 1858, at St. Pancras.
at Camden-town, at the residence of her sister, Mrs. Petch—after that she came down to me where I was residing at Epping—I was a friend of her sister's: at least I had known her for a short time—I was visiting her—I remember the defendant saying that she was going to be married to a Captain Wilson—that was said at Camden-town, at her sister's—she said he was quite a young man, and she had brought him from Northampton to London with her—her sister said, "What will you do with Jonathan?"—she said, "He is all right; he is in America"—this was near January, I think, in 1858—I knew that Jonathan meant Mr. Gotobed—I knew that from the prisoner—after her marriage with Mr. Wilson I went to reside with her—she was not living with Mr. Wilson at that time; he was in a lunatic asylum: I knew that from the prisoner, and I saw him there—I should say he was about twenty-four or twenty-five years of age when he was married—the prisoner was thirty or over thirty—I think it was about six weeks after the conversation I have spoken of that I went to reside with her; no, it was in the March after the conversation that I went to reside with her—Captain Wilson had been a short time in the asylum at that time; I don't exactly know how long—(looking at the register of marriages)—I see the signatures here—I recognise the signatures of both Captain and Mrs. Wilson—this is the defendant's writing, and this is Captain Wilson's—after I had been residing there some time I saw Captain Wilson—I saw him once at the asylum—after I had seen him at the asylum he came to reside at the house—I had been there then about three or four months—they were then residing at Hazlerigg-lodge, Gloucester shire—they remained there a short time, and then went to London—they lived there as man and wife—I had opportunities of seeing Captain Wilson write—he was a captain in the militia—I believe he is a gentleman of considerable property—I know that from the prisoner, and I have also seen the appearance of the parties—I remember riding with the defendant and Captain Wilson in the carriage one day—I can't say exactly when it was—I think it was about three or four months after I had been there; it was getting towards the middle of 1858, I think—as we were riding in the carriage we met Mr. Gotobed—I observed that the prisoner looked rather confused and Captain Wilson said, "Who is that?"—the prisoner said it was an old admirer of hers; and then she said to me that it was her husband that she had been married to, Jonathan Gotobed, when she had been married before—she said that aside to me when Captain Wilson's head was turned—he could not hear her—she said it in the carriage, aside to me.
Cross-examined. Q. This is not the first time you have been a witness against this lady? A. No; it is not—I was a witness against her at Haverford West, on the charge of substituting a fictitious child—I don't know that I stated that I was an accomplice—I would rather not answer whether I appeared in the matter as an accomplice—I was examined before the Magistrate there—it was about twelve or fifteen months ago—the charge was that she had substituted a child, she having had no child at all—Mr. Stannard prosecuted, and Mr. Goodrich, I believe—by Mr. Stannard, I mean that gentleman sitting there—he took me, with the other witnesses, down to Haverford West—I was present again at the Old Bailey—I was never examined here or elsewhere again on that charge—I know Captain Wilson's handwriting perfectly well—both of these letters (produced) are in his handwriting—I saw Captain Wilson at the Bow-street police-court about two or three months ago—he was examined as a witness—I have not seen him here to-day—I don't exactly know where he is at present—he was in London
when I saw him last; I can't say how long ago that was; it was not very long—I saw him after he was examined at Bow-street—I have not seen him since that—I spoke to him then—Mr. Stannard was with me when I spoke to him—it was at the Euston Hotel—Captain Wilson was there for two days, I think; he was staying at the hotel—I was not staying there; I was with Mrs. Wilson, his mamma—we were all at the Euston—Mr. Stannard is prosecuting this indictment, I believe—I have not seen a great deal of Mr. Stannard lately; not more than was necessary—I have been staying at Gravesend—I have not been at Gravesend with him—I have been staying there with friends of Mr. Stannary's—I have not been staying with him—I swear I have not—I know Mr. Perks, 30, Darnley-road, Gravesend—I have stayed there—Mr. Stannard used to come down sometimes—he did not stay there at all—he has slept there—Mr. Perks is the friend with whom I was staying—there is a Mrs. Perks—I was staying there in my own name, as Miss Earle—I can't tell you how often Mr. Stannard slept there—he has never slept there for a week together—I never staid with Mr. Stannard—I have never gone by his name—I never lived with him—I never slept with him—I do not know the Chapter Coffee-house in New-street, Covent-garden—I don't know any coffee-house—I don't know New-street—I have been living in Dorset-place for the last six months, the whole time, and in Cambridge-terrace; I have been staying there with a friend of mine—with these exceptions, I have never staid anywhere else—I have been to my aunt's at Stratford—I don't know whether I have been in any street in the neighbourhood of Covent-garden; I dare say I may have been—I do not know a Mrs. Taylor—I have never lived or slept in a house under that name—I have not slept in any house in the neighbourhood of Covent-garden within the last three or four months—I don't think I have—I have not slept in a house, in the neighbourhood of Covent-garden, with Stannard: never—I have not—I have never slept with Mr. Stannard there, or anywhere—I pledge my solemn oath that I have never slept with Mr. Stannard—I have never passed the night with him, only going to Wales—I have never passed the night with him in any room—I have never known Stannard passing as Taylor—I have not, within the last three months, slept in a street in the neighbourhood of Covent-garden, not at any house, or passed the night there; not in any street whatever—I have not been a great deal alone with Stannard—it is a private house that I am living at in Dorset-place, No. 35—Herbert is the name of the person who keeps it—Mr. Stannard has called there to see me—I am with the lady of the house there—I am a lodger there—I have a room of my own—Mr. Stannard has not been to that, never—I have not had any conversation with Stannard about my evidence to-day; I have not seen him—I have come from Essex this morning—I have been staying with a friend of mine, at Stratford; my aunt, Miss Raynton—I went there yesterday—I was not in Dorset-place last night—I was the night before—I am sure about that—I was examined before the Magistrate at Haverford West—this is my signature to this deposition (looking at it)—it was read over to me before I signed it—this states, "I first met Mrs. Wilson at a lady's, some time in 1859"—it must have been 1859—it was before the Princess was married—it was the end of 1858 or the beginning of 1859—I cannot remember exactly—I am quite sure it was the end of 1858 or the beginning of 1859.
MR. METCALFE. Q. Is there any truth whatever in the suggestion of your having connexion with Mr. Stannard? A. Not the slightest—I have never heard any such suggestion before—there has not been any impropriety
between us—I came from my aunt's this morning—she is living at Stratford—when I was at Mr. Perks', at Gravesend, Mrs. Perks was there—I believe she is a respectable lady—I always found her so—I was staying with her—I board with the family where I am now living, and have a bed-room of my own—I saw Captain Wilson at the police-court, and I saw him at the Euston Hotel afterwards—he dined there that evening—I have not seen him since.
MR. SERJEANT BALLANTTNE. Q. Just look at that woman (a woman who was called into Court)—do you know her by sight? A. No; I do not—I have never seen her in my life to my knowledge—I do not know her at all.
MR. METCALFE. Q. Have you ever been to a house of ill fame? A. Not that I am aware of—Captain Wilson was in as asylum some little time after he was married—I no not think he is a person of very weak mind—he was confined because he was supposed to be insane—that was a few weeks after the marriage—it is true that I was a witness at Haverford West against the prisoner, on a charge of substituting a child—the did do so—she substituted her sister's child—the complaint was made before the Magistrate—I gave evidence before the Grand Jury here on that charge—I don't know whether Mr. Stannard is an attorney's clerk—I believe Mr. Goodrich is a solicitor—I can't say whether Mr. Stannard is his clerk—Mr. Sleigh conducted the case at Haverford West—Captain Wilson appeared at the police-court and gave evidence on the part of the prosecution, and Mr. Stannard was conducting it there, instructing counsel.
ROBERT JOHN LETTICE . I am parish clerk of St. Pancras—I produce the register of marriages containing the entry of the marriage of Captain Wilson and the prisoner, on 12th January, 1868 (reading the entry)—this is the book that the last witness looked at—the parties signed this book.
GEORGE HUGHES . In the year 1848, I was an acolyte at St. Helen's Chapel, Brentwood—there are generally two acolytes to carry the candles on either side of the cross-bearer in the Roman Catholic ceremonies—they attend the priest when the service is performed—I was in attendance when the marriage was performed between Barbara Morris and Jonathan Gotobed—I recognize the prisoner as the lady who was married—I have seen Jonathan Gotobed since, that time—I saw him at Mr. Stannard's office and at the police-court—I do not know what day it was—it must have been last year—no; it was 1862—I believe I saw him at the police-court while this case was going on—he was the person who was married to the prisoner—that chapel was at that time commonly used for marriages, with the attendance of the registrar—he attended on the occasion of this marriage—Mr. Hood was the officiating minister—Mr. Curtis was the registrar—he is the registrar who commonly attended.
MR. SERJEANT BALLANTINE to MISS EARLE. Q. Do you know whether Captain Wilson has a younger brother? A. He has.
Witnesses for the Defence.
HARRIET ALLWOOD . I am the wife of Mr. John Allwood—he has a pension—I have been companion to Mrs. Wilson for some months, during the last twelve months—I was present at the police-court at Bow-street when Mr. Gotobed was produced—I saw him there put forward as the first husband—I took Mr. Maugham to a place where I afterwards saw the same Mr. Gotobed, and was with Mr. Maugham when he saw him—it was the same Mr. Gotobed who had appeared at the police-court at Bow-street as the first husband—he was then going by the name of Gee.
Cross-examined by MR. CARTER. Q. How long have you known the
defendant? A. Thirteen or fourteen years—I am not separated from my husband—he is a pensioner at Chelsea—Mr. Maugham it a gentleman from Canada—it was on the 31st of last month that he went with me to see Mr. Gotobed—I do not know anything of Mr. Gotobed now—I have not seen him since—I had known him for many years before I saw him at the police-court—I knew him and the defendant living together from the time of their marriage—I cannot say how long they lived together, because they went to America shortly after their marriage—they were living as husband and wife—they went to America together—I had known him from the latter end of the year 1836 and 1837, from that time until he went to America—they went to America very shortly after the marriage—he left England in 1837, I think, and returned in 1846, to the best of my recollection—he was a family connection—that was why I was so well acquainted with him—my sister married his brother—of course I had no opportunity of seeing him while he was in America—he was absent for eight or nine years—he was a builder—some time after he returned from America, in 1847, he went into business—he built a house for his sister—he had no decided place of business—his sister provided him with money to build her house—that was in Barnsbury-park, Islington—he also built some houses at Notting-hill—I am not aware that he was anything before he was a builder—be went by the name of Gee since his return from America, which was in 1846, I think—I knew of his marriage in 1848—I have known him by three names since his marriage—I knew him by the name of Gotobed—his name is Gotobed; and I have known him by the name of Gee—my name is Allwood—my former name was Harriet Newington—I have never called myself Mrs. Newman—I have not called myself Newington recently—I have never received any money from any one during these proceedings.
MR. SERJEANT BALLANTINE. Q. I believe this person (a Chelsea pensioner) is your husband, who has accompanied you here to-day? A. Yes; he has been a non-commissioned officer—there is no pretence whatever for saying that I have obtained money, or gone by any other name—it was with my husband's sanction that I was living with this lady.
NICHOLAS MAUGHAM . I am a builder, and carry on business in Eglington, in Canada West—I have come over to this country on Mrs. Wilson's solicitation for the purpose of being a witness in this court—I saw, in company with Mrs. Allwood, a person who was going under the name of Gee—I knew that person before—I knew him in the year 1837, in the township of York, Canada, about four miles and a half from Toronto—I knew him then under the name of Brown—he lived there for something like four years without interruption—it might be something less—I would not be positive as to that; it was about four years—he went away for a short time—I understood he went to Kingston—that in about 180 miles off—he came back—he was gone, I think, something like two years—I would not be positive of the particular date of his return—he certainly returned before 1843, or, at least, in 1843, not later—the last time I saw him, after he returned, he told me that he was living in Toronto, and that he had brought a wife from Kingston—I did not see the lady at that time; I saw her afterwards—he took a house two doors off, but he brought the lady to live with his brother-in-law, Mr. Brown, a builder—previous to taking a house he was serving his time with Brown, at the commencement of the arrangement—Brown married Gotobed's sister, and Jonathan was at that time serving his time to the building business with Brown, previous to his leaving—his wife's Christian name was Margaret—she was always treated
by every one at his wife—they lived together as man and wife—they lived together at Brown's before he took a house for himself, and then he took a house and removed his wife into it, and they lived together in that house for a few months—I would not be positive as to how long; it is a long time since—I made a cradle for a baby that was born there, for Gotobed; it was born to him and his wife—I remember his leaving—he went away alone—I think it was in the fall of the year 1845, to the best of my recollection, and, I think, I have a pretty good recollection of it, for his brother-in-law, Brown, and I at that time had a contract jointly, that fixed it in my recollection; he had the brickwork and plastering of a private residence, and I had the joiner's work and carpentering—I do not think that Mrs. Gotobed was aware that her husband was going away—she lived in the house for some little time after he was gone—his work was not done when he left, and she was left very destitute—he tried to draw what money he could of a party who lent him some before he left—to the best of my recollection his wife did not remain there more than ten days or two weeks after he left; in fact, she had no means of living there, that is the truth of the matter—Mr. Brown removed her in a cart or waggon—I had no personal knowledge of the Guy family, except Mrs. Brown; I only knew there was such a family—that was the maiden name of the lady—when Gotobed came home he spoke of having been married at Kingston to Margaret Guy—(looking at a paper) I did not compare this certificate—my name is to it, and I had the Acknowledgments of the several parties—I saw the parties acknowledge their signatures—they must have been married about 1843—the last I heard of her was about 1850 or 1851, at the Provincial Fair; I did not see her—I heard it from Brown, her brother-in law—he had removed at that time from our neighbourhood, and met her at the Provincial Fair.
The Jury here interposed and found the prisoner NOT GUILTY .
NOT GUILTY .
NEW COURT.—Thursday, June 19th, 1862.
PRESENT—Mr. BARON BRAMWELL; Mr. Ald. WILLIAM LAWRENCE; and
Mr. Ald. JAMES LAWRENCE.
Before Mr. Baron Bramwell.
MESSRS. RIBTON and WILLIAMS conducted the Prosecution.
SARAH CARNELL . I am married, and live at 108, Crawford-street, Marylebone—I had at this time been separated from my husband about six months, but not finally separated, he used to come to and fro to see me—I have known the prisoner five years in November—my husband introduced her to me, with her husband, in the name of Mrs. Taylor—we visited a little occasionally—the prisoner lived in Upper Kennington-lane, Lough-borough-street—when I visited her I used to take refreshments at her house, and on one occasion I was taken very seriously ill with vomiting—on 13th February I saw the prisoner at my house—I saw her three times that week, Monday, Wednesday, and Thursday, and she stopped all night with
me—I was taken seriously ill during her visit, and she said that she would fetch some medicine—I suggested rhubarb draught, and she offered to fetch it—she went out and was away, perhaps, twenty minutes—she returned with a black draught, which she said was a soothing draught, and that the doctor would not give her a rhubarb draught—I was not in bed, but I went to bed directly after—I did not take the draught till half-past 9—she then gave me a glass in my hand, and began to pour the draught out of the bottle into the glass, and it began to get warm—I did not observe anything in the glass at that time; I believe it was clean when it was put into my hand—there was a candle on the mantel-shelf—I could not see very well—the prisoner poured the draught into the glass from the bottle—I found it was very hot, and she said, "Drink it up; the doctor says it is soothing"—I put it to my lips, but did not swallow it—I filled my mouth with it and threw it forward momentarily, without swallowing it—my mouth was seriously burned—I was sitting up in bed—I told her she had been boiling the medicine, and I never could take anything hot in my life—she said, "Drink it up, love; it will warm you"—I did not empty the glass, I spat it out on the bed-clothes, and took a little milk; and I threw some of that which was in the glass on the bed-clothes—there was no one present then, but my son came into the room when I was throwing it out—I said, "William, take this back to Mr. Meacher; he has given me the wrong medicine"—he did not give me anything to drink—I had milk by me, which I washed my mouth out with—there was nothing else but milk there, but during the evening, when I was seriously ill, I had a little brandy and water, and a biscuit, which she fetched me—she continued with me—my boy returned in a few minutes from the chemist's, and said that the medicine was all right in the bottle—the glass was not tasted; my son took it to the chemist's—the prisoner remained with me that night—I first give information on the Saturday morning—I was seriously ill all day.
Cross-examined by MR. OPPENHEIM. Q. Was the prisoner in the habit of coming very often to your house when your husband was living with you? A. No; she came more afterwards—I had not seen her for eighteen months till she came in July last, and after that she became a frequent visitor—I was on very friendly terms with her—she pretended to effect a reconciliation between me and my husband—I have had no quarrel with her—she never slept at my house but that week, three times that week—when Mrs. Wilson came on the Sunday in that week I was quite well—the prisoner came at 10 o'clock on Monday night; she said that she came from Paddington Station, and could I sleep her—I said yes—when she called on Wednesday, and after she had been with me a little while, I was taken unwell with purging and sickness, I do not remember what I took to eat or drink that day, but I think it was a little pancake, and I was taken ill directly afterwards—that was my dinner—I think I also had a little bit of steak—I took nothing to drink; I never drink at dinner—I drink porter at supper—Mrs. Wilson slept there on the Wednesday—I do not know why—she said that she was going to sleep there, and she was coming to lodge with me—she slept, with me in my room—I was unwell after tea on Thursday; I had been unwell all day—I do not remember what I took that day, but it might be a little steak; that is what I very often have—I have tea for my breakfast—I was unwell in the evening—I took tea about 5 o'clock—I felt very sick and very much purged after I had taken tea—I vomited often—I felt a little pain across the bowels, and was very faint—I went to stool many times; I cannot recollect when I first did so that day, but it was
after I had had my tea—I told the prisoner to get me some medicine about 7 o'clock in the evening, and she went for it—my son was not in the room when I told her to get it, nor when she brought it back—when she put the glass in her hand I told her it was warm—there was a little of the draught in the glass, and she poured some more to it, and it began to get warmer and warmer—I took about a table spoonful into my mouth—it burned my mouth momentarily, and I cried out to my little boy—I heard him coming into the room—I said, "William, William, take that back to Mr. Meacher; he has given me wrong medicine"—that was 9 o'clock, or half-past, perhaps—the prisoner slept in the room—she got up first on Friday morning, but was up and down all night—the two rooms are together—I had no pain in my bowels in the night; I had pain in my mouth, and washed it out with oil—the prisoner brought me a little tea about half-past 6 for breakfast, but I could not take it, my mouth was so bad—after she left I received a note without any name to it—it was either Friday evening or Saturday morning; I think it was Friday evening—I do not know her writing—there were some letters like her's—it was written all across, and it was a very strange letter—a postman brought it—the note was about the prisoner; it said that she had been knocked down and run over by a cab, and taken to Brompton—it was signed Ann White, but there was no address—I complained of my mouth next morning about half-past 8 or 9, to my trustee, who lives in the house with me, Mr. Graves—before the prisoner left, I told my son to throw away the contents of the glass and bottle, and I saw him put it in the slop-pail—the prisoner left about a quarter to 7, or a quarter past—I did not point out the sheets to her before she left—I first pointed out to Mr. Graves that they were discoloured, and I think he took them of the bed, but I was very ill, and I cannot say whether he or a female lodger came first—there are eleven rooms in the house, and they were all full—no lodger resided on the same floor as me—the rooms are let out above and below—I went to the prisoner's lodging on the Saturday, and the furniture was all taken away, and the house shut up—I was directed to a person named Coombs or Corns, who was no friend of mine, where I had a convertsation about my husband and the prisoner—I have known a person named Taylor four years and a half—I do not know that he and the prisoner were always together; they came together to me on three or four occasions—Taylor and my husband were acquaintances—Taylor came to meet Sergeant Boden at my house, on, I think, the Monday after I took the medicine—I had seen him about eight or ten months before that—I will swear I had not seen him since that—eight or ten months had elapsed since I saw him—I do not know how he came to meet Boden; Mr. Boden will be able to answer the question better than me—Taylor and the prisoner lived together as man and wife—I did not hear from Taylor or any one that my husband was friendly with the prisoner—Mrs. Coombs told me that she had seen a gentleman, a relation of mine, there; that she did not know my husband, but if she were to see him she should know whether he was the person or not—my husband lodged with Mr. and Mrs. Barnes—I went to Mrs. Barnes' house and took tea there on the second Friday in January—I was taken very ill after tea—I did not complain of the tea or of any one—I wished seriously ill, vomiting and purging—I did not say I thought I had been poisoned: and I had no suspicion of any thing of the kind—I did not write to my husband about that—I have been married three times—it it nine year since my second husband died—I married my present husband five years ago this June—he never finally left me; he comes sometimes to see me—I wished
him to leave me—he ceased living with me last July—we did live together as man and wife, but we had a quarrel, and I could live by myself, and he could live by himself—his work compelled him to have a lodging at Agar-town—we never ceased to live together—we lived in distinct houses before July; perhaps eighteen months before—be was compelled to have a lodging or he would have lost his employment, but we never ceased to live as man and wife—I was not in the habit of quarrelling with him, but I wished him to leave—he used to drink, and I did not wish him to come and annoy me—I drink to a certain extent—I sometimes drink porter for my supper, but not brandy and water, I cannot get it—Dr. Kelly, of Fetter-lane, was my medical attendant, but I have not required him for many years—I did not go to my medical attendant when I felt unwell with my mouth, nor send for him—I sent to Mr. Meacher.
MR. MATTHEWS. Q. Have you always been a healthy woman? A. Yes; it was when the prisoner visited me and I had had dinner that I felt ill—the prisoner pretended to partake of those meals, but sometimes she would not have anything—she sat down with me—when I took the glass to hold there was about a tea-spoonful of what appeared to be a portion of the draught, and she poured some more in, making it perhaps three-parts full, and as she poured it in it got warmer and warmer in my fingers—it felt warm as she put ft into my hand, and became warmer and warmer as she poured it in—I have a little independent property of my own—up to the date of this occurrence I did not know that my husband was living with the prisoner, but Mrs. Coombs said that she had seen a person whom she called Richard—I did not know that the person called Richard was my husband—I did not know that my husband was living with the prisoner when I gave the information to the police—when I took tea at Mrs. Barnes' I was in good health; that was the first time that I was seriously ill; the prisoner and my husband, and son, were present, and the prisoner bought some bacon and look it in to be broiled—I partook of it, but she did not—Mr. Barnes cooked it—the prisoner was present at the meal—I was ill after that, and was obliged to get a cab to get home—my husband is an engineer, and is obliged to sleep away from home, as his work is in Agar-town—I am a sober woman; no one ever saw me in liquor in my life—I never had any oil of vitriol in the house in my life.
WILLIAM ROBSON . I am a son of the last witness, and lived with her in Crawford-street—I was in her room shortly before the prisoner was sent to the chemist's, and saw a small bottle standing on the mantel-piece about the size of a marking-ink bottle—it was corked—I knocked it over—there was a darkish white fluid in it—the prisoner said, "Do not knock my smelling bottle over," and took it up and put it in her pocket—I was not in the room when my mother took the medicine—I went out for some gin, and when I came back my mother told me to take the bottle and glass back to the chemist—I did so, but he only examined the bottle—my mother gave the glass into my hand, and it was warm—the bottle which contained the black draught was not warm—in the morning I saw a large hole in the sheet where my mother threw the stuff and the smell was very disagreeable—I saw some small white specks on the fire-irons.
Cross-examined. Q. How old are you? A. Fifteen next birthday—I went for the gin before I went to the chemist's—I noticed the bottle on the shelf before I went for the gin—I never told any one about the bottle till the prisoner was taken—the cork did not come out when I knocked it over—I did not spill anything from the bottle—I did not say anything to the
chemist about the glass, but I handed them both to him—I did not tell him that the glass felt warm—I do not know why not—the bottle did not feel warm—I mentioned about the glass being warm at the same time as I said about the bottle—that was after the prisoner was taken in custody—I had heard my mother speak about the glass feeling warm before that—she told me so on Sunday morning—I know my step-father—he has ceased to live with my mother about nine months—he has left her two or three times before that—he stayed away about eighteen months—he did not often come to see my mother after he left her; he went to the country—my mother and he agreed—they had quarrels, but not very often—it was the following morning that I looked at the fender—I recollect the prisoner coming to the house on the 13th; she sent me for the spirits; it was not my mother—a quartern of gin was brought in, but no beer to my knowledge; I was at work—that was on 13th February—my mother is unwell every time the prisoner comes to her, or that the goes to the prisoner's house—she complains of being sick; she vomits—on the Thursday night after my mother had taken this medicine I slept in the bed with her.
MR. MATTHEWS. Q. Who first asked you this, did the policeman ask you anything about the glass and the bottle? A. Yes; I cannot tell how soon afterwards—I said to the chemist that the glass was warm; that was a good while after the prisoner was caught.
THOMAS KING . I am assistant to Mr. Meacher, a chemist, of 105, Crawford-street, Marylebone—on Thursday, 13th February, the prisoner came; I do not know what she asked for, but she purchased a black draught of me—I do not remember refusing to give her anything, or that she asked for one thing and I gave her another—the black draught I gave her was one of many similar draughts; we keep them all ready made up in a drawer—the bottle in which the draught was, was brought back by a boy the same evening; with a cup or a glass; it was like an egg-cup—I have had experience in mixing medicines; there is nothing in black draught that would burn a person's mouth or a sheet—the result of mixing sulphuric acid with a black draught would be that it would cause it to become very hot about a minute after mixing—if you mix anything with oil of vitriol it becomes hot—it is a matter of common experience that if you mix water with sulphuric acid great heat is generated; it is sometimes almost hot enough to break the glass vessel containing it—I have had no experience of the effect of sulphuric acid on the mouth, but I have seen it on the skin—it burns the skin, and if thrown on linen in a diluted state it causes it to be destroyed; it leaves a kind of dirt-coloured stains, which become quite rotten, so as to leave holes in the place—the black draught that left our shop was one of the ordinary draughts; there was nothing in it to discolour linen or to cause a burning heat in the mouth.
Cross-examined. Q. When, the bottle was brought back to you by the chemist, did you taste it? A. I did—it did not burn my mouth—I both compounded and bottled the mixture myself—there is no recognised formula in the Pharmacopeia for black draughts; every chemist makes it up according to his own choice—it always contains sulphate of magnesia—I do not think that resembles any other sulphate when in small crystals—I know what sulphate of zinc is—I do net think sulphate of zinc and sulphate of magnesia, in small crystals, could be mistaken by a person who knew them both, but they might by a person who did not understand it—sulphate of zinc is poison—there were about a dozen. bottles of black draught in the drawer when I gave the bottle to the prisoner—they were all made from one
mixture—the police have not applied for any of the mixture, nor for any black draught from my shop—I have been my master's assistant eleven months, and have been a professing chemist since 1851—I sold nothing to the prisoner besides the black draught.
MR. METCALFE. Q. Is sulphate of magnesia Epsom salts? A. Yes—sulphate of zinc is very rarely used for emetic purposes, but if so used, and taken in excess, it would have a burning effect upon the mouth—it is only given for emetics—I have no experience of it—It would take a long time to burn a hole in a sheet with it; it would do it if it was very strong, not without—I have no experience of sulphate of zinc, or any sulphate, burning holes; only sulphuric acid—it is a speculation of mine—the black draught mixture I made, contained enough for a dozen draughts—I sold two the same evening to a man, and have had no complaints of them—black draught consists of Epsom salts, senna, and some other matters—I have no doubt that the black draught I sold contained sulphate of magnesia and not sulphate of sine—I made it up myself—there are about two drachms of sulphate of magnesia in a black draught—I tasted the draught, and it did not burn my mouth—I did not taste anything that was in the glass.
MR. OPPENHEIM. Q. How often do you make up black draughts? A. About every fire or six weeks—this was made up about three weeks before I sold it to the prisoner.
THOMAS CHARLES KIRBY . I am surgeon to the D division of police, and live at 77, Connaught-terrace, Edgeware-road—I have had experience in cases of administering poisons—on 15th February I was consulted by Inspector Burroughs—he was accompanied by Mrs. Carnell—I looked in her mouth; her lips, tongue, and the inside of her cheeks were covered with white patches, the probable cause of which was, in my opinion, sulphuric acid, which is commonly known as oil of vitriol, the effect of which upon the tissues of the mouth would be to produce white patches of the description I saw—they could not be produced by a draught containing sulphate of zinc, nor would that burn holes if brought into contact with linen, but sulphuric acid would, even if very much diluted, and the same if not diluted, only sooner—if sulphuric acid was thrown into a glass containing the ordinary black draught, the result would be that it would get warmer till it became quite hot—that is the result of the chemical combination—the sulphuric acid has a great affinity for the water, and, in the act of combination, heat is evolved—the inspector gave me some pieces of a sheet, which I analysed, and came to the conclusion that they had been rotted by sulphuric acid—I called next day to see Mrs. Carnell, and saw one or two spots on the fire-irons—they had a grayish rust, which, I think, was made by sulphuric acid—it seemed like sulphate of iron, which would be the usual result of throwing sulphuric acid on iron—from the inspection I made of Mrs. Carnell, I have no doubt what was the cause of the appearances she presented, and I thought it was that when I saw the sheets.
Cross-examined. Q. When the policeman brought Mrs. Carnell, I believe he said that he thought she had taken something deleterious? A. Yes; he asked me to look at her mouth—I cannot remember whether he showed me the pieces of sheet first, but, to the best of my belief; I saw her mouth first—it was from the appearance of her mouth that I thought the linen might have been burned—I think I might have seen the linen, because he had a bundle of linen in his hand as he came in, a sheet, or something of that sort—I thought it was sulphuric acid from the appearance of her mouth—there are some disorders which will produce white patches on the
mouth, but not many—the bowels being out of order would not produces them, though that might produce a very foul tongue and blisters in the mouth, but they would be a transparent white, and not an opaque white—nothing would produce patches like that—I know the disease called thrush, that sometimes appears in persons who are in a very low state of health—they have patches on the mouth—if a person has been greatly suffering from diarrhea, so that the stomach becomes lowered, thrush may ensue—sulphuric acid is colourless, and has no smell when pure—when it is thrown on anything, it smells—when thrown on linen, it decomposes it, and there is a sour smell—the linen brought to me smelt, not of black draught, but of sulphuric acid—I did not examine the whole of the sheets—a piece of a sheet was brought to me, and I saw the remainder of it before the Magistrate—my opinion is that the inspector brought the whole sheet, and I took a portion of it, but it might not be so—it was in pieces, because it was rotten—I had never seen Mrs. Carnell before—besides sulphuric acid, there are a hundred things that would produce spots of rust on iron, all the mineral acids—I did not apply any test to those spots; they were of a grayish white.
MR. RIBTON. Q. Was there anything to lead you to suppose that this was thrush from which the woman was suffering? A. No; the sheets had not got the thrush—judging from her mouth, and from the sheet, and from the spots on the iron, I have not the least doubt that they were caused by sulphuric acid.
GEORGE GRAVES . I live at 108, Crawford-street, in the same house as Mrs. Carnell—on 15th February I went in and saw her in bed, and tore off a portion of the burnt part of the sheet, took possession of it, and gave it to Inspector Burroughs.
Cross-examined. Q. How long have you resided in Mrs. Carnell's house? A. I went there before Christmas—I live on the second floor—Mrs. Carnell has been unwell several times—when she has been in the prisoner's company, she has been very ill—I have known her above thirty years, and always knew her to be a very healthy person—I knew her three husbands—I do not know why her present husband left her.
CHARLES BURROUGHS (Police-inspector). On Saturday, 15th February, I went to the prosecutrix' house, and saw a sheet and a night-dress in Mr. Graves' possession, but I at last received them from Mrs. Carnell—I went with her to Mr. Kirby—he examined her mouth, and I showed him the sheet—it appeared as if it had been burnt, and it smelt acid.
Cross-examined. Q. Did you take away the remainder of the sheet and the night-gown? A. I did not.
WILLIAM BODEN (Police-sergeant, D 11). On 16th February I went to 16, Lough borough-street, Kennington; knocked several times at the door, and received no answer—I went through the adjoining house, looked over the garden-wall, and saw that the house was empty—I was informed that the prisoner lived there, and I have found it out since—I found her on Saturday night, 5th April, in Randolph-street, Camden-town, walking arm in arm with Mr. Carnell, the prosecutrix' husband—I had been looking for her all that time—I said, "Good evening, Mrs. Wilson"—she made no reply, but was very agitated; both her hands went in this manner (shaking)—she had a reticule in her hand—I said, "I am a police-officer; I take you in custody for administering poison to Mrs. Carnell, at 108, Crawford-street, on 13th February, and what you say to me I shall be at liberty to use against you"—she made no reply—I placed her in a cab, and conveyed
her to Monmouth-street police-station, and on the road there, in the Regent's-park, she said, "If it is not an unfair question, may I ask you for my handkerchief to wipe my face, as I have been perspiring so much"—I took it from her reticule, and she wiped her face with it, and wished to hand it to Mr. Carnell, but I would not allow her—on Monday morning, when I was conveying her to the police-court, she said, "Allow me to thank you, Sir, for your very gentlemanly conduct towards me; I have seen my solicitor; he has told me to say nothing; she must prove what she asserts; I never bought anything anywhere in my life."
Cross-examined. Q. When did you get that glass and bottle you have there? A. To the best of my belief I received them from Mrs. Carnell, either on the 7th or 14th April—it was after I took the prisoner, and after she had been before the Magistrate, but whether it was the 7th, or the following Monday, I forget—I received the sheet on Sunday morning, 15th February—only the sheet was taken to Mr. Kirby.
COURT. Q. Are there marks on the night-dress like those on the sheet? A. Exactly similar.
MARY ANN SADLER . I live at 4, St Leonad's-square, Kentish-town—the prisoner took my rooms on 4th February, and entered on the Friday following—I know nothing about her living in Loughborough-street, Kennington—she was away the whole of the following Tuesday, after taking my rooms, and likewise on the Thursday before she left—I cannot say where she was on 12th February—she remained with me three weeks, during which time she was away three days, the Thursday and Friday in the last week she was with me, and on the first Tuesday as she entered on the previous Friday—I recollect her coming home, it was on a Saturday evening about the middle of February—she went away on the Thursday at a quarter before 7, and remained away till Saturday, and she left my lodgings on Monday, 24th February—she said when she came back that she had been taken ill when she left my house, that she was pregnant before she left, and miscarried and went to her doctor.
Cross-examined. Q. When she came to you, did you take her to be pregnant? A. I did.
COURT. Q. Do you suppose the time she was away was the time she was at Mrs. Carnell's? are you sure that it was the Thursday or Friday immediately before she left you? A. Yes; I know it was the Monday night, she had not been out of my house twenty minutes when Sergeant Boden arrived—I do not recollect what day of the month it was.
MR. RIBTON to M. A. SADLER. Q. Was it the Thursday and Friday before that, that she was away? A. Yes.
COURT. Q. Can you speak with confidence to its being the 24th? A. I know it was the Thursday and Friday before she left—she paid me three weeks' rent—she gave me no notice—she paid me the week's notice and left that night.
Q. If she paid you for one week which she did not stop, she must have paid you for two weeks which she did stop? A. I cannot say—the week's rent was for the week she did not stop.
NOT GUILTY .
PLEADED GUILTY .— Four Years' Penal Servitude.
THIRD COURT.—Thursday, June 19th, 1862.
PRESENT—Mr. RECORDER; Mr. Ald. ALLEN and Mr. Ald. BESLEY.
Before Mr. Recorder.
671. WILLIAM JOHN GLINDON (48) , breaking and entering the dwelling-house of Mary Morning, and stealing 1 coat, 1 pocket-book, 1 handkerchief, 1 umbrella, and 1 hat, the property of Robert Ewing; also stealing 1 coat, 1 box, 50 postage-stamps, 50 receipt stamps, 5 keys, and 2 towels, the property of John Gurney, and 1 coat and 3 keys the property of Richard Harry Heather ; to both which he
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY — Confined Three Months.
MR. BESLEY conducted the Prosecution.
ARTHUR PINNOCK . I am a licensed victualler, at 7, Oxford-terrace, King's-road, Chelsea—on 22d March, the prisoner brought me this cheque (produced) and asked me to cash it—I told him I could not cash it then, if he would look in later in the day I would do it, as I was busy—he said, "I owe you a little account, you can take it out of it when you take the change"—I gave him a sovereign then, as he wanted some money; he said he was going a little way up the road—he called in afterwards, the same evening, and I gave him the remainder of the cheque, and he paid his little account, which was, I think, about 8s.—I asked him to endorse the cheque, which he did, in the name of Campbell—I had known him some eight months before by that name, living at No. 22, in the same terrace—I saw no more of him till he was taken in charge—I paid the cheque away and it was returned to me—I went on the Wednesday to the place where I understood him to live, and they said he had left; I did not see him—I was induced to part with the money on the belief that it was a good cheque, and knowing he was a neighbour I supposed it was all right—I asked him whether the cheque was all right, and he said "Yes."
Cross-examined by MR. PATER. Q. I believe you have known the prisoner some time? A. Yes; eight months—the cheque is on Marryatt and Price, for 17l. 10s.—I have always known him to go by the name of Campbell—I have known since why he went by that name; it was not for the purpose of fraud—I believe he was living with a woman who took the house in that name—I knew nothing against his character or I should not have cashed the cheque—I asked him if it was all right, and he said, yes, he had it of a friend—I do not recollect whether the friend's name was given—the first time he came was on a Saturday evening, about 7 o'clock, when I was very busy; and then he left it with me, and came about 9—I believed at the time that he acted perfectly bona fide in the matter, or I should not have cashed it—I believe he has been made a dupe of—I have expressed an opinion to that effect on more than one occasion.
MR. BESLEY. Q. If you had known the cheque to be fictitious should you have parted with your money? A. No; decidedly not.
COURT. Q. From your knowledge of him, did you believe his statement, that the cheque was good? A. Yes; and as a customer. (Cheque read: "Sir Charles Price Bart. Marryatt, and Price; pay Mr. J. Coleman or bearer 17l. 10s. 22d March, T.F. Remington.")
HENRY JAMES WOOD . I am cashier at Price, Marryatt, and Co.'s, bankers of King William-street—this cheque was presented to our firm for payment, and was returned, saying there was no account—we have never had any one named T. F. Remington, keeping an account at our bank—I have been in the bank about fourteen years
Cross-examined. Q. I suppose you keep yearly books? A. We keep books with names of persons who keep accounts at the bank—I searched the two signature books for the purpose of ascertaining—we have only two—Remington never had an account there—I do not know the signature on the cheque—we once had a person named Pearce—I do not know (that he adopted the name of Remington—I should know his writing if I saw it—his account is closed—I have not the books here containing the names—they are required at the office—I brought them here in the last case (See page 164).
COURT. Q. Is any part of this cheque in Pearce's writing? A. No.
HENRY ANTHONY . I keep the Barley Mow, Dorset-street, Baker-street, Marylebone—the prisoner lodged at my house about a fortnight—he came there the week previous to 19th April, which was the day upon which he presented this cheque (produced)—it was between 8 and 9 o'clock on saturday evening—he owed me 2l. 15s. 10d.—he said that he had received it too late to get it cashed at the bank, and asked me to advance him something upon it that evening—I gave him 2l. that evening, and two or three more on the Sunday—I owed a small bill at Dock's hi the Strand, and I went and paid the cheque there on the Monday—it was returned to me nine days afterwards as "no account"—I parted with my money because I believed there was money in the bank to meet it.
Cross-examined by MR. ORRIDGE. Q. Have you known the prisoner some time? A. I knew him a week before he presented no with the cheque—he was lodging at my house—he came back after five or six days to receive the rest of the money.
COURT. Q. Do you remember on what day he came there? A. I believe it was on the Monday week afterwards; and he slept there one night, and than I understood he took another lodging and slept there, and then he came to my house and slept there one night, and then he left—(This cheque was for 17l. 10s. drawn by T. J. Lawson and Co. on Messrs. Grindley and Co. dated 19th April).
CHARLES HANLEY . I am cashier to Messrs. Grindley, army agents, in Parliament-street—this cheque was presented to me for payment, on 28th April last—no cash was given for it, because we had no account of the drawers—it was signed by Lawson and Co., in favour of R. Lee, and we had not funds to meet it.
Cross-examined. Q. Do the different depositors enter their names in a book? A. No—we are obliged to take the list of them from letters; half our constituents are in India—I have not the book here in which we register our depositors' names.
COURT. Q. Are you able to say, of your own knowledge, that you had no account with those persons? A. I am.
CHARLES GANDER . I am a wine-merchant, carrying on business at Essex-street, Warwick-square, Pimlico—the prisoner brought me this cheque (produced) about twelve months ago, and asked me if I could give him cash for a
cheque for 6l.—I rang the bell for the waiter, and he handed the cheque to him to cash and he brought up six sovereigns and gave them to the prisoner—I parted with the money on the faith that the money would be paid for the cheque—the next morning about a quarter-past 9 I ascertained from Smith, Payne, and Smith's, that there were no effects.
Cross-examined. Q. The prisoner merely asked you to give him change for that cheque? A. Yes—I had known him about six weeks before, I suppose—I saw him at the police-station locked up, about five days, I should think, afterwards—I did not give him in custody upon that—he was taken in custody—the Magistrate discharged him, but the money was offered to me by three or four persons if I would not prosecute—three or four cheques were presented at the same time, which were forgeries—I was offered the money prior to the Magistrate's dismissing the case.
MR. BESLEY. Q. I believe at the time the Magistrate dismissed the charge, there was no other charge of fraud against him? A. Yes, there was, by a person in Wells-street.
COURT. Q. You say other persons had paid the money; did you hear anything from the prisoner about it? A. No, but from one of his accomplices.
MR. BESLEY. Q. Was there any one present before the Magistrate, giving evidence about the other cheque, at the time he was dismissed? A. Yes, the sergeant, and prosecutor of the other cheque—he had taken the money that was offered to him, but I would not do so—(This cheque was drawn by H. R. Johnstone and Co., in favour of George Miller for 6l. on Smith, Payne, and Smith, dated 3d June).
COURT. Q. What name did you know him by? A. By the name of Stratford.
BEN. SMITH . I am a clerk in the employment of Messrs. Smith, Payne, and Smith, bankers—I do not know when this cheque was presented there—it did not come to me personally—there is no person named H. R Johnstone banking there—I have looked, and I know it independently of looking—I have looked further back than the last eight or nine years.
Cross-examined. Q. Do you mean to say you know the name of every depositor in Smith Payne's house, without referring to your books? A. I could not know without referring—if this cheque were presented to me, not knowing it, I should look at the books to see—I do not know this writing—I should look at the book in which customers write their names.
MR. BESLEY. Q. Have you any knowledge of the customers drawing on Smith Payne's? A. Yes—I do not know any person named H. R. Johnstone.
WILLIAM BODEN (Police-sergeant, D 11). On 12th May, from information I received, I went with Mr. Pinnock to 12, Crawford-street—I went up to the first-floor and knocked at the door—it was answered by a female—I said, "Is Mr. Campbell here?"—she said, "No, he is not here"—I pushed the door open, went in, saw the prisoner sitting there in an arm-chair—I said, "Your name is Campbell; you are the man I want; I want you for obtaining 17l. 10s. by means of a false cheque, from Mr. Pinnock"—Mr. Pinnock had followed me into the room—the prisoner said, "All right, Sir; I have been made the dupe of others, will you allow me to go in a cab into the City and get the money to pay the amount, to pay Mr. Pinnock?"—Mr. Pinnock said, "No; I shall charge you"—I conveyed him to the Chelsea police-station—on searching him there I found in his waistcoat pocket this notice of a dishonoured bill, (Read. "Bill for 46l. 8s. 4d. drawn by James Rossi, on
F. R. Marriott, lies due at Alexander Ridgeway's, Leicester'square")—Rossi is the man who was tried yesterday—when I found that the prisoner said, "That is not mine."
COURT. Q. Was this—"Bill on Marryatt, Grove-house, Moscow-road, Bays-water, the bill belonging to Spalding and Hodges," written on it then? A. Yes.
MR. BESLEY. Q. How is it that the prisoner is here in the name of Lee? A. I cannot say—I find, on inquiry, his proper name is Lee-Stratford.
Cross-examined. Q. Do you know that he has been living with a woman, and has passed by the name of Campbell? A. Yes—he lived a very short time in the neighbourhood of Anthony, only a fortnight—I believe he is the dupe of others—I know the whole gang of them, and the man that was tried yesterday—I have known the prisoner connected with the gang about three weeks—they have been only three months in my neighbourhood, and during that time I have known them and had strict observation on them—the prisoner may have known them longer than three weeks for all I know—I do not swear he did not know them before—Mr. Gander was in the neighbourhood where the people used to live before.
GUILTY .— Three Years' Penal Servitude on each of the first two counts, the second term to commence at the expiration of the first.
MR. DICKIE conducted the Prosecution.
JOSEPH PRICE . I am an agent, and reside at 10, Elder-walk, Britannia-fields, Islington—on Saturday morning, 10th May, about 3 o'clock, I was coming from Whitechapel to Shoreditch, having been engaged late on business in Whitechapel—in Commercial-street a young man came up and wished to forward a conversation with me—I gave him to understand that I had nothing to say to him—while he was speaking to me the prisoner came and seized me by the left arm, the other man was on my right—I had both hands in my pockets—the prisoner said, "Now, come on," and a third person then came up and strangled me, and the prisoner and the man on my right rifled my pockets—it was twilight, and I could see them—when they let me go I called out, "Police!"—I lost 3s., and a little pouch containing pawnbroker's duplicates.
Prisoner. You said I was on the right-hand side when you give me in custody. Witness. No—there was not a woman by me then, but two came up to intercede, and said it was a shame to serve the poor old gentleman so—I did not say at the police-court I was so drunk that I oould not write—I did write.
CHARLES GEE (Police-sergeant, H 14). On the morning of 10th May I was on duty in Brick-lane, and heard a cry of "Police!" in Commercial-street—I ran there and saw the prisoner and two females walking very sharply towards me—just before I got to them they turned into a court—I then met the prosecutor, and he told me about his being robbed—the prisoner and the others passed while he was telling me—I followed them about fifty yards; one of them ran away—I caught the prisoner, took him back to the prosecutor, and said, "Is this one of the men?"—he said, "Yes, that is the man that had his hand in my left-hand pocket"—I took him to the station—I afterwards went back, and within a yard or two of where I took him, I found this bag, containing these duplicates—the prosecutor claimed them and the bag.
Prisoner. Q. You came and took me back, and did not say anything to the prosecutor at first, but said, "I had better run you in for loitering." A. I did not say anything of the kind; I said, "You must come back with me."
COURT. Q. Who had the prisoner been with within a yard of that spot? A. No one—he went about the length of this place down the court—the others were not with him then; they had left him at the end of Commercial-street—he did not turn into the court alone—none of the others were near the spot where I found him—the prosecutor was very much excited when he gave the prisoner in charge; I think he was sober—I saw no marks of liquor—no one else is here who was present at the time—he was excited as a man would be with violence.
GUILTY . **— Three Years' Penal Servitude.
MR. PATER conducted the Prosecution.
JOHANN ROCHELL . I am courier to a Russian general, who is now in Paris—I live at 31, Golden-square—on 30th May I called at No. 6, West-street, Golden-square—the prisoner's wife lives there—I knocked at the door—a little girl opened it; then the prisoner struck me with a knife—he tried to strike me in the breast, and I caught his hand and dashed it down, and he struck me on the forehead—he was inside, behind his daughter—I saw something in his hand, shining like a looking-glass; it was a knife nearly a foot long with a white handle—he did not say anything to me before he struck me, nor I to him—I was sober—I had no time to make any inquiry of the little girl before he struck me—I ran into a little court after I was struck, and I received a blow on the head and I fell to the ground—the blow was from a man, I do not know who, or whether he was an acquaintance of the prisoner's—there were five or six of them kicking me—I had never seen the prisoner before in my life—I lost a great deal of blood—I went to a surgeon—when I took the plaster off next day the point of a knife came out, which I gave to Mr. Guy.
Cross-examined by MR. LILLEY. Q. Who resides in Golden-square? A. Ligo there to the Couriers' Club; it is the office where we get employment—No. 6 was where this matter occurred—I had not been to that house on several previous occasions—I came from abroad two weeks before Easter—I went several times to the house; I did not go to see the prisoner's wife, it was about my business; my business was not with her—I did go to see her—I have not known her three months, only since the two weeks before Easter—I knew her about a week after I came here—I may have visited her two or three times a week sometimes; I have been there two or three times a week since I came here—I have not passed the night there—sometimes I was sitting there till late and then went home—I never saw the prisoner until he came to the house where I was lodging, inquiring if I was at home, and the landlady told him I was not—he said nothing to me after I was struck—I will pledge my oath that I never passed the night in the house; sometimes I came away very early in the morning—I was sitting there talking with Mrs. Zumpf on business—that never continued up to 5 or 6 in the morning; sometimes I was home by 3 or 4 o'clock—I made a complaint immediately after the assault; when I got up from the ground I ran after the policeman and had the party arrested—I did not summons another man before the Magistrate—the prisoner did not ask me what I wanted when ho came to the door—I cannot remember his saying anything to
me—I was senseless after I received the blow—there was no time to ask me any question; I had the blow before I knew where I was—I went immediately to the surgeon—the other man was discharged—I went and called a policeman, and went to the prisoner's house and had him arrested—that was a little more than an hour afterwards—I went into the alley to try to get into a house for protection—it was a man belonging to that house that I afterwards summoned—I do not know who it was that knocked me down—the prisoner's wife was present, I believe—the prisoner had come to my lodging and told my landlady that he was a married man with a wife and children—he did not say so to me that evening; he did at some other time—a few weeks before, he tried to strike me with the board that they press the clothes on and the policeman prevented him—I went to his shop to see what he wanted to see me for, and it was then that he told me he was a married man with a wife and children; so I left the place and never went there since he forbade me—the alley is very dark—I had my feet on the door step, and when he struck the knife at me I caught his hand and he wrenched it from me and stabbed me in the face.
MR. PATER. Q. Is there any pretence for suggesting that any improper familiarities existed between you and the prisoner's wife? A. No.
COURT. Q. What were you doing there between 3 and 4 in the morning? A. She invited me to spend the evening—I only went there a few times; she told me her husband was in America and had not been living with her for three or four years.
LOUISA ZUMPF . I live with my mother at 6, West-street, Golden-square—on 30th May, Mr. Rochell called there—after I opened the door to him Papa came behind me and said, "What do you want here?"—no answer was given, and then I turned my head and saw Mr. Rochell's face bleeding—he went into the court opposite—I saw nothing in my father's hand—my mother has been living separate from my father for nearly four years—I think she has a protection order.
Cross-examined. Q. Did your father say, "What do you want here?" and then push the man out? A. He went in and shut the door—I was shut outside—I went with Mr. Rochell into the court—my father had come home that evening between 8 and 9 o'clock—I think he had some supper; I do not know—he had been abroad and returned on Easter Monday—he was abroad all the time he was absent from my mother—my youngest sister is about two years old—a young lady and gentleman were standing at their street-door, in the court, when Mr. Rochell ran down the court, and they ran in and shut the door; Mr. Rochell tapped at the door with a stick and then the gentleman ran out upon him and struck him and knocked him down—he did not strike the gentleman—they fell down together—the gentleman's wife said, "Oh, Charley, be quiet; he is tipsy"—when I went to answer the door I left my father in the parlour quietly talking to my mother; the supper had been cleared away.
COURT. Q. Do you know whether Mr. Rochell has been a whole night in your mother's house at any time? A. I do not know—I did not sleep with my mother; she slept in a room by herself.
GEORGE BROWN . I am a shoemaker of 34, Grosvenor-mews, Grosvenor-street—I was in West-street on 30th May—I was standing opposite and saw the prosecutor knock at the door—Mr. Zumpf came out with a knife, and made a strike at the prosecutor, who caught hold of his hand but could not stop the blow, and the prisoner stabbed him in the face—it was a white-handled knife—I did not see where the prosecutor went to after he was stabbed—I
saw his face bleeding and went to look for a policeman but could not see one, so I went home—I am certain it was a knife that was used.
Cross-examined. Q. How near is Grosvenor-mews to the place where this is said to have happened? A. Not far—I was not examined before the Magistrate—I could not find a policeman—I did not go to the Court or to the station—I was just going home from work at the time, and slopped to go into a public-house to have a drop of beer—it was about half-part 10 o'clock—I am right about the time—it was 9 o'clock when I left my work—I had been having a walk with my mates in the meantime—I was too late to appear at Marlborough-street—I met the prosecutor in Marlborough-street the next morning as I was coming home—I had never seen him before—I did go before the Magistrate about 12 o'clock, but was too late to give evidence—I told the policeman I was there—I believe the case was over at 12 o'clock, and it was impossible for me to be examined—I made inquiries—the case was not over but the witnesses had given their evidence, and I was too late to give mine—West-street is about eight or ten yards wide.
COURT. Q. Did you see the Magistrate? A. No, I did not—I am a shoe-maker—I could not get on with my work through appearing at the Court, and I lost one of my shops' work yesterday.
JOHN GUY . I am a member of the Royal College of Surgeons, and carry on my profession in Golden-square—the prosecutor called on me on 31st May—he was suffering from a wound in the cheek—I examined it—it went from the front part towards the interior; towards the back—I should describe it as an incised vertical wound, likely to have been caused by a knife—it was very deep but not very long—it could scarcely have been produced by a fall on the kerb, because the part that was injured was in the gums, towards the molar teeth; if it had been a fall it must have struck directly on the part.
COURT. Q. Was it a sort of wound that could have been produced by a stone? A. It did not appear to me that it was a bruise.
MR. PATER. Q. Has a piece of knife been handed to you? A. Yes; this is it—it was brought to me by the prosecutor as having come out of the wound on the plaster, the following day—the wound was likely to have been produced by that, the inside wound was so small, but it affected his mouth so much that he has not been able to use the eating muscle in consequence of the severance of it—the fibres of the muscles of the check have given impediment to his being able to chew, and he could only take gruel, or soup, or such things, since—he also had a very black eye, and a mark of a dreadful blow in the head, and was very much bruised about the body, and sore all over.
Cross-examined. Q. When was it that you first gave your professional attendance to this man? A. On the 31st, in the morning—the assistant of some other medical man had dressed the wound before that—I received this point the morning after that—the cheek was perforated—the blow had touched the inside of the gum—the lower maxillary bone was reached.
JAMES WEEK (Policeman, C 155). I apprehended the prisoner about ten minutes to 1 on the morning of the 31st—I told him the charge—he said twice, "I did not do it"—the prosecutor was very much excited, because he had been very much abused by another party that I took before I took Zumpf—he had every appearance of being sober.
Cross-examined. Q. You were first applied to by the prosecutor about ten minutes past 11, were yon not? A. Yes—he called for my assistance to take a man in custody for an assault upon him—I took the man to the
station, and he was locked up, and afterwards discharged at the police-court—it was about half-past 12 when the prosecutor mentioned about taking the prisoner in custody—he had not said anything about the prisoner before, neither at the station, nor for nearly an hour and a half afterwards—I found the prisoner at his house—he repeated the denial twice at the station—I searched the place and could find nothing; no knife—the prosecutor was bleeding very much when he first came to me.
MR. PATER. Q. This person who was charged first was not accused of stabbing? Q. He was charged with assaulting him—the charge was dismissed before Mr. Knox—there was a profuse quantity of blood on the pavement near the door—I saw it the same night, and there was blood also in the alley.
MR. LILLEY called
SARAH ANN ROBERTS . I am the wife of Henry Roberts, and live with my husband at 6, West-street, the house where Mrs. Zumpf lodges—Rochell has come to that house frequently during the absence of Mrs. Zumpf's husband, who returned on Easter Monday—I have known Rochell to sleep there four nights since the husband's return—he has since that generally called at 12 and 1 o'clock—the husband has been accustomed to visit his wife since his return—he had usually gone to his own lodging when the prosecutor came—the prosecutor has come after Mr. Zumpf had left—he usually knocked with a stick or with his nails on the door—he remained till 6 or 7 o'clock in the morning—on Friday night, 30th May, I heard a knock at the door about five minutes to 11—I was partly undressed, and my husband was not in—I put a shawl round my shoulders, went into the area, and called, "Harry, is that you?" thinking it was my husband—it was Mr. Rochell—I had no answer—I saw the little girl come out, and then I saw the prisoner, but only, as I thought, push the prosecutor—I could not see from where I stood whether he had any instrument or anything in his hand—I was not far off—the front door is at the end of the grating under which I stood—I thought I heard the prisoner say, "What do you want here?" but I did not hear the prosecutor make him any answer—I could not see where the prosecutor's feet where, but I thought one foot was forward and the other seemed back—I think they were both within the front door—I did not see what he did when the prisoner pushed him—the prisoner went in directly I lost him, and the door was slammed with great force, as I could hear from where I stood—I cannot say for certain whether I was near enough to see if the prisoner had had anything in his hand—the prisoner's wife came out and spoke to the prosecutor—the prisoner was not there then—I heard him go back into the parlour—as far as I could see, Rochell seemed to be in liquor.
Cross-examined by MR. PATER. Q. Did you see any quantity of blood on the pavement afterwards? A. No; I did not go out.
JURY. Q. Did you see any at all on the next day? A. No; I was not up till late, for I was not well.
GUILTY of unlawfully wounding.—Recommended to mercy by the Jury on account of the provocation .— Confined One Month
FOURTH COURT.—Thursday, June 19th, 1862.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY . *†— Confined Twelve Months.
PLEADED GUILTY.— Judgment Respited.
PLEADED GUILTY . *— Confined Twelve Months.
PLEADED GUILTY to the Second Count .— Confined Six Months
MR. ABRAM conducted the Prosecution.
The prisoner being a foreigner, the evidence was interpreted to him.
WILLIAM HENRY BYARD . I am a boat builder, and live at 4, Mill-place, in the parish of Lime House—on the night of 11th May, I was the last person up in the house—the doors and windows were all safe—I particularly noticed the landing window, because I had an engagement with a friend that evening, and I looked out of the landing window to see whether he had a light in his window—I can swear that it was shut—next morning I found it open, and found a piece of candle, a knife, and a piece of a bolt—I came down about 6 o'clock—my father made the alarm—I missed a necktie from my room—I had hung it across the glass the night before.
COURT. Q. Was there anything else you might have missed? A. Yes; a suit of clothes I had had on might have been taken, and my purse—I think the person must have been disturbed—this is my necktie (produced)—I know it by the peculiar manner in which I folded it, and have another one at home exactly like it—this is exactly like mine—I should be very sorry to swear that it is mine, but I know it by the way it is folded—I lost this tobacco-pouch, which I can swear to, because I put the tobacco in it just about five minutes before I went to bed—I left it on the sitting-room mantel-piece—I lost nothing else.
Prisoner. I had nothing at all to do with this knife (produced)—I saw the house open, and 1 went inside—it is true I picked up the cravat—I had not got any place to sleep in; I went inside and picked them up.
EDWIN JAMES BYARD . I reside with my brother at 4, Mill-place, Lime-house—on the morning after 11th May, when I got up, I missed this shirt (produced)—I had seen it safe when I went to bed—I put it across the back of a chair—I did not miss anything else—I had a coat, waistcoat, cap, and other things in the room—he might have taken other things in the room.
Prisoner. I wished for a shirt—I had not any idea the shirt was his.
JANE BYARD . I live with my brother at 4, Mill-place, Limehouse—on the morning of 12th May I missed a sixpence, a little key and a locket on it, two blue brooches, and several bits of chain, and two copper coins—they were all safe the night before.
Prisoner. The brooches are not mine.
—BAGWELL (Policeman, K 328). I took the prisoner at the back of a shed at 4, Mill-place—I asked him what he was doing there, and he said he had been there all night to sleep; the shirt and necktie he had on and the rest of the things about his person.
COURT. Q. Was he drunk or sober? A. He was sober—he did not look as if he had been drunk—I was in the shed about two hours before that, and there was nobody there then—there was another necktie on him; and two more shirts he had on.
Prisoner. Q. I was putting on my boots, was I not? A. Yes; your stockings.
NOT GUILTY .
There was another indictment against the prisoner.
MR. KEMP conducted the Prosecution.
ISAAC DAVIS . I am an upholsterer, carrying on business at 68, Westminster-bridge-road—I had had dealings with Mr. Harris many times before this—I knew the prisoner as his warehouseman—on 26th March I purchased some goods of the prisoner—this is the invoice (produced)—that was sent in an envelope with the goods, with a note at the bottom, that the account would be called for the next day—one of the City carts brought it—I think the prisoner called the next evening—I paid him by cheque—this is the cheque (produced)—it has been returned to me through my bankers—I made it payable to order—on 3d April I bought some more goods—this if the invoice (produced)—I think it was delivered with the goods—the prisoner called the next evening as usual—this is the cheque I gave him—it is to order for 6l. 4s. 6d.—that has been paid—I gave both the cheques to the prisoner himself.
Cross-examined by MR. BEST. Q. Have you known him long? A. Yes; I have had a great many dealings with him—I consider I gave more than the goods were worth; 1s. 9d. a yard was a very fair price.
WILLIAM FRANCIS HARRIS . I am a warehouseman, carrying on business at 110, Wood-street, Cheapside—the prisoner was in my service as a porter, and had been so for about four years—in March last I was in Germany, and during that time it was the prisoner's duty to superintend my business—he was empowered to make sales and receive money—he had not to keep my books; merely if a parcel was sold it was his duty to enter it—the amount entered on 26th March is 12l. 17l. 5d., the amount of the cheque is 18l. 3s. 6d.—on 28th there is an entry of 2l. 14s. for velvet—I had given the prisoner special directions not to sell that velvet at less than 2s. 3d. a yard—when I came back I inquired about it—there are two amounts of this other invoice of 2d April, 2l. 2s. 10d. and 4l. 1s. 9d., altogether 6l. 4s. 7d.—the 18l. 3s. 6d. consists of three items, it. 1s. 9d., 12l. 17s. 5d., and 1l. 4s., 9d.—I find no entry on 3d April of those amounts—I returned about the 27th, and missed two pieces of velvet—I asked the prisoner about them, and he told me that Mr. Davis had bought two pieces of green, to which he called my attention, and he had sent the others on memorandum—I inquired at what price, and he said "A shilling per yard"—I desired him to go and fetch them back that same day, and he brought me word the next morning that it was too late, and then made an entry of one piece of fifty-four yards, at 1s. a yard; that is the same thing that is charged 1s. 6d. in the invoice; as to the other amount in April for the second piece he said he was not to have an answer for two or three days—on the morning of 9th April he brought me word that the second piece was kept, and handed me the money, 1l. 14s.; that was for thirty-four yards at a shilling, that is all I have received—the amount charged was 1s. 6d., amounting to 2l. 2s. 10d. on the invoice—the cheques were never handed over to me—this signature is not mine; it is the prisoner's handwriting—I never gave him authority to endorse any cheques.
Cross-examined. Q. You say he made sales for you in your absence, what was he to do with the money that he so received? A. Hand it over to my friend who was in the warehouse, while I was away, Mr. Whitehouse—he is not here—the cheques made payable to order were to be kept till I returned, and the money paid into my bankers'—I keep a bankers' book—I have not got it here.
COURT. Q. Had the prisoner ever signed any cheque before? A. Yes; about a fortnight before—he brought me a cheque signed by himself, and I reprimanded him for doing so—I said that he should not sign my name on the back of cheques.
MR. BEST. Q. I see this second invoice is dated April 2d; I thought you said the account was on the 27th March? A. There are two accounts—I had the conversation with him on 27th March—I cannot tell when he made the invoice—Mr. Whitehouse is not a foreman; he is a friend, and manages my business when I am away—I do not give him authority to give instructions to my servants with regard to sales and so on—he was to receive money, and pay it into my bankers'; nothing else—the prisoner has been ill many times since he has been with me I am sorry to say—he has had bad health.
MR. KEMP. Q. Did the prisoner pay you this 12l. 17s. 5d. yourself? A. He paid it to Mr. Whitehouse—he paid me the 1l. 14s. himself—I only had one conversation with him.
The prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury and prosecutor .— Confined Six Months.
The particulars of the case were not of a nature for publication.
GUILTY .— Confined Six Months , and fined 50l. each.
OLD COURT.—Friday, June 20th, 1862.
PRESENT.—Sir ROBERT WALTER CARDEN, Knt. Ald; MR. RECORDER, and
Mr. Ald. ALLEN.
Before Mr. Recorder.
MR. POLAND conducted the Prosecution.
HENRY MORRIS . I live at Harrell-street, Bethnal-green, and am in the service of Henry Mears, a cigar manufacturer, of Great Prescott-street, White-chapel—on Saturday, 17th May I received from him a cheque for 40l. 4s. 11d., which I took to the Unity Bank, Cannon-street, to get changed—I presented it there at about half-past 1 o'clock, and received 24l. 10s. in gold, and 15l. 14s. odd in silver—I counted the gold first, and found it right, 24l. 10s.—I put it in a bag by itself and put it on the counter on my left side—I then proceeded to count the silver, and while doing so I noticed the prisoner on my left side, leaning over as if he was going to hand a cheque in, and then he asked me if they changed Irish notes—I told him I did not know—Mr. Crowther asked Mr. Porter, a clerk behind the counter, about it, and then told the prisoner where he could get the notes changed—I saw the prisoner and Mr. Crowther leave the bank, and I went on counting my
silver—I then looked for the gold and found that it was gone—the prisoner and Mr. Crowther had then left—I then spoke to the bank clerk—there was only one clerk behind the counter though there were other clerks in the bank—with the exception of Mr. Crowther and the prisoner, there were no other persons near me while I was counting the silver—on the Wednesday in the next week I saw the prisoner at Bow-lane station, and selected him from a number of persons.
Cross-examined by MR. GIFFARD. Q. Was there anybody present except Mr. Porter when you mentioned that you had lost the bag of gold? A. Yes; there were two clerks on the other side, and Mr. Terry and Mr. Porter went out, that was about five minutes after the prisoner went out, or it might be a little more—they did not go out as soon as I mentioned my loss, they stood and considered a bit who it could have been that had taken it—they said that nobody else had come to that side—I do not know how many persons had been to the other side—there is a little desk and I put the bag of gold in such a position that the desk would hide it from the clerk a little, just a shade—the desk is about half a yard high from the counter, and the counter is about a yard high—my height is about five feet—after Mr. Porter had paid me he was moving about from one side of the bank to the other—where I was paid was about three yards from the door—it is a swing door—the same door lets people in, whichever side of the bank they go to.
COURT. Q. Is there a counter on each side? A. There is a counter here and a counter across—when I said that somebody else came to that side, I meant the side where I was paid—the other side was on my left—Mr. Crowther was a yard from me—there was no one else near me but the prisoner—when I say that there were persons on the other side, I do not mean clerks, but customers—Mr. Crowther was nearer to the counter than me, and the other persons were three or four yards from him.
MR. POLAND. Q. I suppose you went out as well as Mr. Terry and Mr. Porter? A. No; I stayed at the bank about five minutes—I saw nothing of the prisoner when I went out.
THOMAS CROWTHER . I am a member of the firm of Rose and Crowther, shipwrights, of Gun Dock, Wapping—on 17th May I was in the Unity Bank, and saw Morris at the counter, counting money—I saw the prisoner speak to Morris—he was close behind him, and said, "Do they change Irish notes here, or can I get change for an Irish note here?"—he repeated the question a second time, and I turned round, thinking it was addressed to me, and said, "What did you say?"—he repeated the question to me—and I said, "I think not, but I will ask the clerk at the counter"—I did so, and he said, "No; but you will get them changed at Spielman's, in Lombard-street"—the prisoner then left the bank, and I followed him, the boy still counting the silver—as I left, I said to the prisoner, "I think you are a stranger; if you will allow me to show you, I am crossing into Lombard-street"—we crossed Cannon-street, side by side—he said, "I will not trouble you now; good morning," and I went about my business—we had only walked across Cannon-street—he went upwards, as if towards London-bridge—I went up Nicholas-lane and Abchurch-lane, one of the lanes opposite the bank—I saw no one but the prisoner near the boy—there were other clerks at the bank besides the one I spoke to—I heard of the robbery the same evening, and went to Bow-street police-station—I was shown ten or twelve persons in a room, and picked the prisoner out.
Cross-examined. Q. Were you filling up a cheque? A. Yes—I saw the
boy when I went in—I filled up the cheque about a yard from him, and had it paid.
COURT. Q. What other persons were in the bank? A. I saw no other customers—I think there was only Morris, myself, and the prisoner on the customers side of the counter—I am quite positive there was nobody at that part of the counter—I do not think I saw the bag of gold, but I saw the boy counting his silver very carefully, and putting it up in three or four parcels when I went in.
MICHAEL HAYDON . I am a detective City-officer—on Tuesday, 20th May, I followed the prisoner into the Rotunda, in the Bank of England—I told him I was a policeman, and must take the liberty of asking him what his business was there—I took him in custody, searched him, and found on him four 5l. notes, three Scotch 1l. notes, two Irish 1l. notes, 3l. or 4l. in money, a pocket-book, papers, watch, key, knife, and other articles.
Cross-examined. Q. Did he give his correct name and address? A. His correct address; I do not know anything of his name—I have ascertained that he has recently come from America.
MR. POLAND conducted the Prosecution.
CHARLES FREEMAN . I am clerk to Messrs. Keighley, Brothers, who carry on business at Foster-lane—on 13th May I went to the Union Bank, in Princess-street, and took with me a cheque for 200l., which I cashed at the counter, and received in payment a 100l. Bank of England note, some smaller notes, and gold—I then left, and went to Smith, Payne, and Co.'s, which is close by the Mansion House—I had an appointment there with Mr. Goodchild, who had not arrived, but in a short time he came up, while I was standing at the door outside—he asked me to give him the money—I had to pay him a sum of money—I went with him into Smith and Payne's and cashed a cheque for 300l., for which I got a 300l. note—I delivered that, and the 100l. note I got from the Union Bank, to Mr. Goodchild—it was the only 100l. note I had—I had waited at Smith, Payne's, at least ten minutes, but not a quarter of an hour—I did not notice any one in particular standing there, so many people stand waiting there for busses and so on—I do not know the number of the 100l. note, but it was the one I got from the Union Bank in payment of the cheque.
CHARLES VEEKE ROBINSON . I am a cashier in the Union Bank, Princes-street—on 13th May, here is an entry by me in my book (produced) of my cashing a cheque for 200l.—I gave a 100l. note for it, and the rest in smaller notes and money—it was quite a new note, there was no writing on it—I gave it to the person who brought the cheque, I do not know him.
Cross-examined by MR. GIFFARD. Q. Was this entered by you at the time the cheque was given, or was the cheque afterwards taken off the file and entered? A. I enter it before I put the cheque on the file—this is the counter cash-book.
JOHN JAMES GOODCHILD . I am a ham dealer, of 239, Shoreditch—on 13th May I went to Smith and Payne's bank to meet Mr. Freeman—he was standing outside when I got there; and I saw a short stout person within
one or two yards of Freeman, and who was afterwards taken in custody, named Harper—I believe I said to Mr. Freeman, "Hand us over the money, Charley;" and we both went into the bank—they were both standing there with their backs to the wall—inside the bank, Mr. Freeman had a bag containing a 100l. note, a 300l. note, eight tens, and 20l. in gold—I took that money and went to Mastermans, in Nicholas-lane—I did not notice when I went out whether Harper was outside—I went to the last desk but one to take up a bill—there was no person at all at that part of the counter; I noticed that particularly—I opened my bag, took out the 100l. note and eight tens, and was counting out 5l. in gold, when I received a sharp touch on this shoulder, as if it was a friend, not as a stranger would touch me—I turned rapidly round and saw the prisoner—in his right hand he held a slip of paper and he seemed to cover me with his left, as he was so close to me; his left hand seemed to pass to the back of me—he stood within two or three inches of my face—he spoke in an assumed tone, I think, saying, "Sir, can you tell me where I can change a draft?"—I believe those were the words—it was a sort of drawl—I do not know who he imitated, but it was as if he was trying to speak like a foreigner, I think—I said, "I do not know; the next desk"—I thought he was very rude, and I answered him irritably—I am positive no other persons were near me—there were no clerks behind the counter at that part—I turned fully round, looked at my notes, and missed the 100l. note which I had just placed on the counter—I did not like to charge him immediately—I folded up the other notes, put them in the bag, and went out after him, but he was gone—I immediately gave information to the police—I ascertained the number of the note within a few minutes—on the following Tuesday, 20th May, I was shown fifteen or twenty strangers, and immediately pointed out the prisoner and Harper—I am positive of the prisoner.
Cross-examined. Q. Do you mean to include Harper and the prisoner in the twenty you had not seen before? A. No—I saw the prisoner in the bank after I missed the note, but while I was satisfying myself that the note was really gone I saw him pass out at the door, and it took some few seconds to pick up the notes and gold and put them in the bag—I saw him pass out while I was searching my pockets—his manner was very suspicious, coming so close to me, and he held a piece of paper so close to me that his left hand certainly touched me, covered me—I could not see his hand behind me, but I had a sort of inanition—I did not like to look at his face.
MR. POLAND. Q. Was he as well dressed as he is now? A. Yes—he went to the next desk, and was answered very quickly; he did not transact any business there—not twenty seconds elapsed between my missing the note and satisfying myself that it was gone—I looked both ways in the street but saw nothing of him; I did not expect to.
MICHAEL HAYDON . I took Harper in custody, and the prisoner also—they were at the Mansion House when Mr. Goodchild came there—I have seen Harper write, and to the best of my belief this writing is his.
MR. GIFFARD. Q. Where did you see him write the first time? A. At Bow-lane police-station—he wrote his name in a book which I have got—that is the only occasion I have seen him write.
MR. POLAND. Q. Did you see him write the name William? A. Yes; William Harper in full, the same as it is in his passport, which he told me was written by himself—to the best of my judgment this, "William Johnson, Hotel de Paris," is the writing of William Harper—I saw the prisoner and
Harper together, in Princes-street, City, and followed them to the Union Bank, the Joint Stock Bank, the London and Westminster Bank, and the Bank of England, where I met them as they were coming out of the Rotunda—I stopped them, and said to the prisoner, "I am a police-officer, and must take the liberty to ask you what your business is in the Bank of England?"—he said, "I came here to change four 5l. Bank of England notes," producing them from his trousers' pocket—I said to Harper, "What is your business here?"—he said, "I came with my friend to show him the way, as he is an American and a stranger in London"—I said, addressing both, "What was your business in the London and Westminster Bank?"—Weston said, "I thought that was the Bank of England"—I said, "You were also in the Joint Stock Bank and in the Union Bank, what business had you there?"—Weston replied, "I thought each of them was the Bank of England"—I told them that the account was not satisfactory, and I should charge them with being in the Bank of England and other banking houses for the purpose of committing felony, and also a suspicion of having stolen a 100l. note from the counter at Mastermans' bank about a week previous—neither of them made any reply—I obtained assistance and took them to the Bow-lane station, the charge was read over to them, and they made no reply—I found on Weston four 5l. notes, three Scotch 1l. notes, two Irish 1l. notes, 3l. or 4l. in gold, and some jewellery—on Harper I found 64l. in English gold, 65 francs in French gold, a bill case, some articles of jewellery, and a passport—he was not committed on this charge, and I have not succeeded in finding him since the indictment has been preferred.
Cross-examined. Q. When did you first see the bank note which has been put into your hand? A. About a fortnight ago—Harper signed his name in the book some time after he was apprehended; not on the day of his arrest—I think it was on 20th May (looking at the book)—I have compared the writing—I formed my judgment originally by the comparison, having in my mind another writing—Harper made application for the return of his money on 2d June—I do not know whether the application was appointed to be re-heard, but I found afterwards that it was—a portion of the money was handed over on the 9th, upon which he gave the receipt, and in the mean time I had seen the note.
MR. POLAND. Q. Did you see Harper write twice? A. No; only once—setting aside the passport, having seen him write I adhere to my evidence, that I believe the writing on the note to be Harper's.
JAMES EDMUND CLARKE . I am chief warder at Holloway Prison—I know William Harper and have seen him write—looking at the endorsement on this note, "William Johnson, Hotel de Paris," I should take the "William" to be Harper's writing; it is very like it.
Cross-examined. Q. How often did you see him write? A. Once—he wrote "William Harper" in a book.
GUILTY .—Stephen Huggett, a police-officer, stated that the prisoner had been pointed out to him in America, by the police, as having had twenty-one days' imprisonment for loitering about banking houses. Six Years' Penal Servitude
MR. LLOYD conducted the Prosecution.
JOSEPH BLISS . I am an omnibus time-keeper, of Shepherd's-bush—on 2d May, about 7 o'clock, I was in the road by Shepherd's-bush—there was a performance of dogs, and a crowd collected—the prisoner was driving a dust-cart and standing on the shaft—I saw a child walking in the road, in the same direction as the cart—I turned my head to look at the dogs, and found the cart drawing on to the child—I held up my hand for the prisoner to stop, but he took no notice—I ran and took the child as the wheel knocked it down, and saw the wheel go over its head and neck—he had a bit of rope for reins—the prisoner kept on, but I ran and stopped his horse—I believe he did not know that he had run over a child—he was drunk.
Cross-examined by MR. LILLEY. Q. How do you know he was drunk? A. By his appearance—I said to him, "You good for nothing rascal; do you know what you have done?"—he made no reply—I looked round for a policeman—he got off the shaft and went away ten or twelve doors down the street—he did not seem to be considerably affected by the accident—the child did not run against the wheel—the horse was only going at a walking pace, but was going much faster than the child—the child was in the road, and so was part of the crowd.
MR. LLOYD. Q. You say that he walked away? A. Yes—I stopped the horse and then missed the man; he left his cart—I have no doubt of his being tipsy.
FRANCIS BROWN . I live at 42, Norland-road, Shepherd's-bush, and am a dealer in paper-hangings—I saw a crowd in the road looking at the performance of dogs—I saw the prisoner standing on the shaft of a dust-cart driving with rope reins—the crowd was completely across the end of the street, and when the cart got near it, the man desisted with his performance of dogs, and the crowd nearly all moved over to the near side with him—I heard somebody shout "Stop, stop," and saw the man pull his horse away, as if he was trying to miss the crowd—a child ran from the side of the road; not the side the crowd was on—the cart diverged out of the square to miss the crowd—the child was coming in that direction, and ran across the horse, and the wheel went over it—it all happened in two or three seconds—it made me feel ill, and I stepped into a shop door for a minute or two, looked out again, and saw the cart standing there—the man seamed amazed, as if he did not know what to do—he left his cart and turned down the street, as if he would go home—some people stopped him, and in about ten minutes he went to his horse again, and drove it from Shepherd-bush gate—he was neither drunk or sober; it was evident he had had some liquor.
Cross-examined. Q. Did it appear to you that the death was the result of an accident? A. Decidedly—the prisoner was looking at the crowd on the near side; and if I look at my Lord, I cannot see the jury—I am convinced that it was an accident, and not the consequence of any carelessness—I was examined before the Coroner's jury, and they returned a verdict of accidental death—the child was three or four yean old.
NOT GUILTY .
MR. BESLEY conducted the Prosecution.
May, about 1 o'clock in the night, I saw Courtney and the prisoner in High-street, Wapping, near the Thames Tunnel, pushing each other and quarrelling—two other men were with them, of whom Henley, who does not appear, was one—they were all intoxicated—the prisoner and the deceased took off their jackets and commenced to fight—Courtney was knocked down twice, and the second time he said that he had lost a sixpence, and would not fight any more till it was found—the prisoner was struck several times by the deceased—he said that the deceased had got the best of it, and the deceased said that the prisoner was bound to fight him—the prisoner knocked him down a second time, and then he went back seventeen paces, struck him in the face, and his teeth were knocked out—he said that his ancle was sprained, and he could not fight any more—the deceased struck him again on the chest and ribs, and his head went against the palings—Courtney tried to defend himself from the blows, and a friend of his got between them, but was pushed away, and then the prisoner drew a knife from his pocket and struck the deceased with it shut, I believe—he struck him several more blows, and how the knife got open I cannot say, but it must have, or he would not have been stabbed—I saw blood flow, and Henley got hold of Cochrane and put him down—he said, "For God's sake, Courtney, I hope you are not dead"—he made several strong observations—I held his hands, and a policeman came and took the knife out of his left hand—I went with them to the station, and as we went along the prisoner seemed very sorry, and he ran with us to get a doctor—at the time the prisoner struck the deceased he said, "If I am to fight you, you b—, I will fight you with this," and I think he showed him the knife to intimidate him—a man came in between them, but was kicked, and was obliged to hop away—the prisoner was endeavouring to avoid the fight for nine or ten minutes—he retreated seventeen paces; I measured it—he was stopped by a paling—the deceased got him against the paling, and struck him and knocked a tooth out—the deceased was a very powerful man, much stronger than the prisoner—he is what they term a rough, which is a man who can go and beat another man who does not understand the pugilistic system—I saw the commencement of the transaction—I did not see the prisoner struck on the stomach, but I saw him struck on the chest—he said two or three times that his uncle was sprained—the prisoner ran as far as he could, and the deceased was striking him on both sides.
MR. BESLEY. Q. Did you see a policeman in the street? A. Yes; almost immediately the blow was struck—there was a waterman there—the prisoner did not call for assistance—a man came over to his assistance, and was kicked away—I think they were all too drunk to ask for help.
EDMUND BISHOP . I went up at the time Courtney was struck down by a blow from the prisoner—I was going up to stop the fighting and when I was within thirty yards I saw the prisoner strike the deceased with his left hand—the deceased turned away, staggered about ten paces, and fell—I saw him bleeding from the right breast—I took the prisoner in custody, and took this knife (produced) from his left hand—I took him to the station, and then went to the hospital and saw Mr. Biddle there.
DANIEL BIDDLE . I am house surgeon at St. Thomas's Hospital—the deceased was brought there by the last witness, and I found an incised wound on the right side of the chest, two inches long, extending from a little within the breast bone, near the insertion of the cartilage of the third rib, downwards and outwards—it was shallow at its commencement, but an inch and a half deep at its termination—he died eight days afterwards from
hemorrhage from the wound coming on in a weakened subject—it was such a wound as would be produced by this knife.
The prisoner received a good character.
GUILTY .— Confined Eight Months.
ELIZABETH MARKS . I live with my father, John Marks, and live at 1, Meyrick's-buildings—on 6th June, about half-past 7 in the morning, I was going out for some milk—as I went out I saw the prisoner outside—I was not gone a minute, I had only to go four doors off—when I came back I went down into the kitchen—I heard a noise in the parlour, and went and opened the kitchen door, and saw the prisoner go out of the house—I pointed him out to the policeman.
WILLIAM WALKER (City-policeman, 121). I was on duty on the morning of 6th June, a little distance from the prosecutor's house—the last witness came and gave me information, and pointed out to me the way the prisoner had run—I did not see him then, but I went in that direction, found the prisoner, and took him into custody—I told him he was charged with committing a robbery in the house of the last witness—I took him back to the house, took him into the room, and found that the drawers had been opened, and a shawl and black silk skirt removed—he had not taken anything away—I found on the prisoner 9 1/4 d. and a key—the key would go into the outer door, but would not open it.
MARY MARKS . On 6th June my daughter called me down—I went into the parlour, and found the black dress lying on the table—it had been hanging behind the door—my middle drawer was open, and my black shawl, which had been in it, was lying on the carpet—the things were quite safe at half-past 10 the previous night—I was the last person up, and none of my family had come down this morning.
GUILTY .— Confined Nine Months.
ALFRED BOWD (Policeman, E 43). On Wednesday, May 28th, at a quarter to 2, I was in Langham-street—I heard the sound of the breaking of glass in Great Tichfield-street—I ran towards it, and met the prisoner and another man running very fast—I was about to stop the prisoner, and he ran into 35, Langham-street—as I was in the act of taking him he shot across from me—I chased him up Great Tichfield-street, and sprang my rattle—he was stopped by a civilian at the corner of Wells-street—I chased the other man a little way up Wells-street and lost him—I then turned back to the prisoner—I found him in the custody of another policeman—I told him be must go back with me and see what was the matter—I went and examined the houses in Great Tichfield-street, and found the fanlight of No. 84 broken; I roused the landlord—the prisoner said it was not him; he had done nothing.
Prisoner. I was not running with the other man. Witness. When they turned the corner they were within two or three yards of each other—then the other man parted from the prisoner, and the prisoner ran to 35, Langham-street, where the coat was picked up by the other constable—I did not
see it picked up—there was not another soul in the street but an old man with oysters in front of me.
JAMES BANGOR (Policeman, E 49). I was on duty in the neighbourhood of Tichfield-street on the morning of 28th May—I heard a rattle spring and ran in that direction—I found the prisoner in the custody of a civilian, in Wells-street—when the coat was missing I searched in the neighbourhood, and found it hanging inside the area of 35, Langham-street.
ROBERT RUSHBROOK . I am a tailor, of 84, Great Tichfield-street—on 28th May I was awoke by a loud crash of glass, which appeared to be in the shop—I jumped out of bed, ran into the shop, and unfastened the door—I heard the rattle spring in the distance—I went and put on my clothes, and shortly after the policeman brought the prisoner to my place—this coat is mine—it had been hanging on the shop door, under the fanlight, which was broken; it must have been taken from there—the fanlight was whole when I went to bed.
Prisoner's Defence. I was coming along Great Tichfield-street about a quarter to 2, and heard a cry of "Stop thief!" I saw a man running along Langham-street; I turned round and ran towards Wells-street, and was stopped. I am innocent of it.
GUILTY . †— Confined Eighteen Months.
NEW COURT.—Friday, June 20th, 1862.
PRESENT—Sir ROBERT WALTER CARDEN Knt. Ald.; Mr. Ald.; WILLIAM LAWRENCE; Mr. Ald. ALLEN; Mr. Ald. JAMES LAWRENCE; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
MR. SLEIGH conducted the Prosecution.
STEPHEN WISDOM . I am a porter in the employ of Messrs. Pickfords the carriers, at Leicester—I have known the prisoner some time; I cannot say exactly where he lives—I have seen him frequently at the Griffin public-house in Leicester—he is a jobbing butcher by trade, as far as I know—he came to me about 27th March, and said he had a portion of meat to send to London, and wanted a hamper and cloths, and would I go round to the Griffin back-gate and fetch it—I can't exactly remember whether he said how much—I went round and took the hamper and cloths down the yard—I lined the hamper and put the meat in it—I am not in the habit of packing meat—I was not the regular meat man, I was doing his work whilst he was ill—I do not understand meat; I am not a butcher—I did not to my knowledge make any remark to the prisoner about the meat; if I did I have forgotten—he said that it ought to have gone up the day before, that Robert Dunn, Chaplin's man, ought to have had the meat, but he neglected it, and so he came and fetched me—he never said anything to me about it being good or bad, or I to him—I was examined at Guildhall—the only thing he said was that if they did not send him anything down for it, he should not come to London to fetch it—I forget how many pieces there were; I was in a hurry when I packed it—I noticed some of the loin—I cannot pretend to say what other pieces there were—I cannot say what caused his observation about not coming to London for it—I don't exactly know that he said that—I did not to my knowledge say anything about whether I should like to
eat the meat myself or not; I might or I might not have said so—I won't take my oath that I did not say so—I did make the remark, I should not like to eat it—he asked me for a label—this (produced) is the one; it is one of the regular printed labels, with Mrs. Matthews' name—the writing on it is mine; "H. Matthew's, late James Matthew's, Newgate-market, from J. Worrens, Leicester"—I gave it to Garson.
Prisoner. Q. Was it not sweet and good bullock flesh, and as hard as a board? A. No; I refused it.
GEORGE RUSSELL . I am one of the detectives of the City of London—on 5th April, I think, I went to Leicester and saw the prisoner at the Fox public-house—I told him that I was a detective officer, and had come from London for the purpose of making inquiries concerning six pieces of beef that he had consigned to Mrs. Matthews at Newgate-market, on 27th March last, and which had been seized and condemned as unfit for human food; that my inquiries were for the purposes of the prosecution, and if he choose to give me an explanation he could, he was not obliged to do so, and if he did I should most likely have to use it against him—he said it had been seized and that was enough—I told him, No, that would not be so, it was a rather more serious matter than that, he would most likely be summoned—he then stated that he had bought the two hind quarters of beef of a person who had bought them of somebody else; he declined to say who, although I asked him the name of the parties—he said he considered the meat was fit for human food—when I told him he would probably be summonsed he made a complete laugh of it—he said, "I shall not go five yards"—a summons was subsequently served upon him, and he did not attend at Guildhall.
Prisoner. I had not the means.
JAMES NEWMAN . I am one of the inspectors of meat appointed by the Commissioners of Sewers—I was in Newgate-market on the morning of 28th March, and saw some meat in a hamper at Mrs. Matthews', a sales-woman there—I saw it opened and examined the meat that was in it—this is the label I took off—the meat was part of a bullock that had died from disease—it had a bad smell, and was unfit for human food—its unfitness was apparent to any one—it was packed the same as butcher's meat ordinarily is for market—Mr. Fisher and I examined it, took it to the Alderman, where it was condemned and destroyed—I do not know whether this is the condemnation note—I never saw it before.
Prisoner. It was not diseased; it was sweet and good.
COURT. Q. Could it have been fit for human food the day before? A. No, decidedly not—from the first time it was cut up it never appeared fit for human food—not having been bled it would look very dark and wet.
CHARLES FISHER . I am one of the inspectors of meat in Newgate-market—I examined this meat in company with Mr. Newman—in my judgment it was totally unfit for human food—from its appearance I considered that it had died of disease—it would not have appeared fit for human food the day before or within some time of its death, because it was diseased—even if it had been slaughtered it could not have been fit.
DR. HENRY LETHEBY . I am medical officer of health to the City of London—I was called upon to examine this meat—I saw it immediately before it was submitted to the Aldermen at Guildhall—I found six pieces of meat from an animal that had died of disease; it was quite unfit for food—it had never been slaughtered at all; it had died—if it had been slaughtered it would not have appeared fit.
Prisoner's Defence. When it went away from me it was fit for any one to eat, and as for that gentleman saying it died, it was stuck; and there was no disease about it, but a broken leg.
GUILTY .— Confined Six Months.
MR. SLEIGH conducted the Prosecution.
GEORGE RUSSELL (City-policeman). I went down to Leicester and saw the prisoners—I saw Cotton first—I asked him his name—he said, "Daniel Cotton"—I asked him if he had consigned two quarters of beef to Mrs. H. Matthews, of Newgate-market—he said he had, and had been for the account—I told him the meat had been seized and condemned as unfit for human food, that I was a detective officer of London, and had come to make inquiries for the purposes of the prosecution; that he could give me any explanation he chose, but that if he did do so I should use it against him—he had not been served with a condemnation note; I found it in the office of Messrs. Chaplin and Horne, and handed it to him—he said at first he would not take it, but afterwards he said that I had served it, and he might as well have it—I asked him from whom he had the meat—he refused to tell me—he said he did not have the other side, and refused to say whether it was sold for human food—he said he considered it fit for human food; it had been killed fairly, slaughtered, and that was enough—I saw Hill on Monday—I told him he need not tell me anything unless he liked—he is a jobbing butcher; Cotton is a labourer, but he buys meat at a slaughter-house in Leicester—I took down in writing what Hill said to me, and he signed it afterwards—this is it—he said, "On 27th March, Daniel Cotton, who lives near Russell-square, Leicester, asked me to send a side of beef to H. Matthews, Newgate-market," here showing the tally on the hamper—I produced this label to him—he said, "I am obliged to go out of town, will you oblige me by giving the beef to Robert Denns, Chaplin and Horne's man?" that he stated it was a young bullock, and looked as if it had been slaughtered—he said he could eat such beef, but he should not like to do so, it was a bit wet on the back—it looked as if it had been cast in the straw-yard, but was stuck in time—sometimes they are cast and cannot get up again, and struggle till they are in a dying state—he said "Robert Denns, one of the porters at the railway, came for the beef, and he let me have it"—the tally was on the hamper when Cotton asked him to send it—he said, "I think I wrote D. Cotton on it?"—I was a butcher originally—"a bit wet" means that it is rotten; but when it is wet on the back it is very bad—he said it was wet on the back—I asked what he meant directly.
Cotton. Q. You say I buy meat? A. Yes; I understood you to say you bought this—I never saw you buy any, but I had plenty of information that you bought it.
ROBERT DENNS . I am in the employment of Chaplin and Horne, carriers, at Leicester—I know the prisoners—on 27th March I called at the Black Lion slaughter-house, Belgrave-gate, Leicester, to know if there was any meat to be sent to London—some of the butchers in the town use that slaughter-house; not all—I saw Hill—he said he wanted a hamper and cloth to send some meat to London—I procured them, and put the side of beef into the hamper—Hill wrote this, "D. Cotton, Leicester," on the bill—I sent it to London by the railway that night—a few days afterwards Cotton came to the office of Chaplin and Horne—I did not see him in the office; I saw
him in the street—he asked me what I had done with the beef that went up on 27th to Mrs. Matthews, as the account had not come down—I said I had sent it in the usual course.
Cotton. Q. Was I there when this meat was packed? A. No; you said there must be some mistake, as the account had not come home—you asked me who you had sent it to.
Hill. Q. I never asked anything about the account, did? A. No; no one did besides Cotton—he told me it was his meat, not yours.
MR. SLEIGH. Q. What is Cotton? A. He is a labourer at a slater's; he carries slates and those sort of things—I have known him coming there with meat plenty of times.
COURT. Q. Have you ever known him to send any to London? A. Yes; I have known it come to London in his name.
MR. SLEIGH. Q. Has he come there with meat, and have you sent it to London in his name? A. He has come there with meat that I have sent to London, and I have had meat from there in his name—Hill said, "It is not mine, but it is Daniel Cotton's."
THOMAS WEBSTER . I am one of the clerks at the Midland Railway, at Leicester—I received a hamper of meat from the last witness, made out the invoice, and despatched the hamper to London by the 4.30 p. m. train of 27th March—this is the label which was on it.
GEORGE ROBINSON . I am in the employ of Mrs. Matthews, a saleswoman, it Newgate-market—on the morning of 28th March a hamper was brought there by a porter named Robinson—it had this label on it, and contained meat—Mr. Newman and Mr. Fisher examined it after it arrived—I opened it for them—I saw the meat; it was in the state which they describe, not fit for human food—that was quite plain the moment I looked at it.
JAMES NEWMAN . I am one of the inspectors of meat to the City of London—I examined this meat at Mrs. Matthews' on the morning of 28th March—it was two quarters of beef, which I believe had died—it was very wet; so much so that the men almost refused to pull it out or handle it, it was in such a bad state—I do not believe it was slaughtered, nor butchered after it was dead—I do not believe it could have appeared to an experienced or inexperienced eye fit for human food at any moment after it was skinned, it was so very bad.
Hill. The back was broken, that was why that was wet; there was never one with a clearer inside; the lungs and liver were good; it was as healthy a beast as ever was. Witness. It was wet both inside and out at the time I saw it.
CHARLES FISHER . I am one of the inspectors of meat to the City of London—I examined this meat—in my opinion it was unfit for human food—I should think it had died from disease—it was what the trade call "a wet un"—the flesh was completely wet; where the fat ought to have been was a watery serum—it was obviously, to the eye of a person unaccustomed to meat, unfit for human food.
DR. HENRY LETHEBY . I examined this meat—it was wholly and obviously diseased—the wet which is spoken of is the indication of disease—I should think that a person, not a butcher, could not have supposed it fit for human food—these things appear in a different light at night, but in broad day-light nobody of any experience at all could mistake it.
Cotton's Defence. I am not a butcher, and never was; I never bought any meat in my life; Hill asked me to send it for him, and my master came for me to go to work.
Hill's Defence. It was dry enough when it came up; if it got wet in the hamper we could not help it.
COURT to DR. LETHEBY. Q. Could you say from your examination that the back of the bullock had been broken? A. I do not remember seeing any sign of it—if it had been so my attention would have been directed to it at the time, and I should have been able to have spoken to it positively.
JAMES NEWMAN (re-examined). I did not notice any appearance of the back of the bullock having been broken—I saw no indication in the chine of a broken bone—I did not notice that any particular part looked worse than another—it looked bad all through.
COURT. Q. Was it one side of a bullock? A. Yes—one side—it was the hind and fore quarters of one side of a bullock—it was out in the middle, in quarters.
JURY. Q. Was it a bruise or gelatine? A. I did not see any bruise about it—it was wet all down the back; white serum both inside and out—that could not have been produced by a broken bone without other disease.
GUILTY .— Confined Six Months each.
Before Mr. Recorder.
PLEADED GUILTY .— Fined 20l. and to be imprisoned till the fine be paid.
MR. SERJEANT BALLANTINE offered no evidence.
NOT GUILTY .
MR. SERJEANT BALLANTINE offered no evidence.
NOT GUILTY .
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY . **— Three Years' Penal Servitude.
696. JOHN COLLINS (29) , Stealing 1 kettle and 1 preserving-pan value 20l. the property of Benjamin George Phillips; also, 1 jacket, value 4s. the property of Thomas Bentley, having been before convicted; to which he
PLEADED GUILTY . **— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined One Month.
Before Robert Malcolm Kerr, Esq.
MR. SMITH conducted the Prosecution.
GUILTY on the Second Count .— Confined Three Months
MR. SMITH conducted the Prosecution.
GUILTY of the attempt .— Confined Twelve Months
MR. LANGOFORD conducted the Prosecution.
GUILTY.— Recommended to Mercy by the Jury.—Judgment respited.
Before Mr. Recorder.
PLEADED GUILTY.— Judgment Respited.
MESSRS. SLEIGH and HOLDSWORTH conducted the Prosecution.
JOHH SAVAGE . I am a smith at the Royal Arsenal, Woolwich—between 12 and 1 o'clock on Tuesday morning, I was at Mr. George's oyster shop—the prisoner, whom I had never seen before to my knowledge, came in and after annoying the customers he was turned out by the man who minds the shop—after ten minutes he came back, rushed and struck at me—I prevented him and went outside the shop—he followed and struck me again, and I struck him, and then he stabbed me—I went into the shop and found I was stabbed in three places; the blood was running down on my waistcoat, which was cut in three places in front—I did not strike him until he had repeatedly struck me—I did then in self-defence—my hand is still very bad—I was obliged to have surgical assistance.
COURT. Q. Where were the stabs? A. On the back of the neck, on the chin, and on my hand—my waistcoat was cut here, and my coat at the back.
Prisoner. Q. Did I strike you before you struck me? A. You struck at me and I prevented you twice—you used insulting language to all the company in the shop—you did not say anything to me, but pushed against me, and I told you to keep your company to yourself—I spoke to Mr. George and you were turned out, and then came back again—I did not feel the effect of any of the wounds while I was fighting—I was sober—I knew I was wounded by seeing the blood drop on to my waistcoat—I did not see any knife in your hand—I heard some one say they saw something in your hand, and so I left off fighting and went into the shop—on my oath, I did not say at the police-court that I knocked you down three times in the street—I fell the last time—I cannot say how often I fell.
ROBERT EAGLETON . I am a dealer in fire-wood at Woolwich—I was walking in Beresford-street, between 12 and 1 o'clock on Tuesday morning, when this occurred—I went into the oyster shop, the prisoner came and kicked up a disturbance—Mr. George turned him out, and he came back about ten minutes afterwards and shoved up against the prosecutor, and they went out—I did not hear him say anything to the prosecutor—the
prisoner and prosecutor went outside and commenced fighting in the road—I saw that the prisoner had something in his hand, but could not distinguish what—I said, "You rascal; you have got a knife, or something in your hand"—he was on the ground—he said nothing, but flourished it and struck the prosecutor three times, that I saw—I did not notice how many times he struck him altogether—the policeman came up, told him to go away, and asked him whether he could fight—he said he could not tight him—I went back into the shop and saw the prosecutor bleeding from the neck and hand, and took him to Mr. Coleman's shop.
Prisoner. Q. Did you hear me say anything to the complainant? A. saw you shove up against him—I do not know whether it was accidental—I did not tell him you had any thing in your hand—I hallooed out to you—I do not know whether he heard it.
CAROLINE BLAKE . I am the wife of Henry Blake, a labourer at Woolwich Arsenal—I was in Beresford-street on this Tuesday morning, between 12 and 1 o'clock, and went into the oyster shop, where I saw the prosecutor and prisoner—the prisoner came in—he was very noisy and insulted every one, and they turned him out—he returned in about ten minutes, went to the further end of the room, shoved against the prosecutor, and wanted him to fight—they went outside, and the prisoner struck the prosecutor first—he retuned the blow, and the prisoner struck him three times with something which glittered in his hand—the prosecutor bled very much afterwards from the hand, neck, and face—I went with the last witness to Dr. Coleman's.
Prisoner. Q. Do you know Eagleton? A. Yes; he is my uncle—I did not come to the police-court the night you were charged—I came the next day of my own accord—what I saw was in your right hand—I had a little ginger-beer and porter that day; that is all—I was about six yards away from you—I cannot swear whether the prosecutor knocked you down at all or you him; you were down.
SAMUEL LING (Policeman, R 159). I was on duty in Beresford-street, and heard a scuffle—I heard some one sing out, "You have got a knife, you rascal, or something in your hand"—I immediately ran up; the prosecutor was then going into the house—the prisoner was on the ground—I said, "Jack, can you fight me?"—he said, "No; I can't fight you or any other policeman"—I told him to go home—I then went into the oyster-shop and saw the prosecutor there bleeding very fiercely from the face, neck, and hand—in consequence of something that was said to me I went after the prisoner, in about five minutes, and apprehended him—I asked him if he had a knife—he said he had a four-bladed one—I asked him where it was; he said is his pocket—I searched him but could not find one, nor have I since found one—I charged him with cutting and wounding the prosecutor, and told him he would have to go to the station—he told me not to take hold of him, and he would go quietly—the prosecutor was in liquor, but knew perfectly well what he was doing.
Prisoner. I told the policeman I had got no such thing as a knife; all I had was two combs and a tobacco-box.
WILLIAM WARREN COLEMAN . I am a surgeon at Woolwich—on Tuesday morning last, between 12 and 1 o'clock the prosecutor was brought to my surgery, suffering from three clean incised wounds, one on the back of the head and neck, one on the face, and another through the fleshy part of his hand; he was bleeding very freely indeed—they must have been inflicted with some very sharp instrument—a knife I should think would have caused them—the wound at the back of the neck was about four inches long
very clean cut but not deep—the one through the hand was entirely through the fleshy part, it was not dangerous—the wound in the neck would have been dangerous if it had been deeper.
Prisoner. Q. If he fell on a piece of glass would he not have got that cut in his hand? A. No; I do not think so—it would have been lacerated, and not so clean cut.
COURT. Q. Could the wound in the neck have been caused by falling upon anything? A. No, decidedly not—the wound in the face was not at all dangerous.
Prisoner's Defence. The man fought with me fairly. I had two witnesses who were there to prove that I never had such a thing as a knife, and that the complainant struck me first and knocked me down. When the policeman came I was bleeding through the nose and mouth. It is impossible that I could have struck the prosecutor in the back of the neck without his being aware of it. He was sober and I drunk.
GUILTY of unlawfully wounding. **— Confined Twelve Months.
MR. LILLEY conducted the Prosecution.
JOHN TAYLOR . I reside at Woolwich-common—I prepare candidates for the army—I occupy six houses which form Clarence-terrace there—there is a verandah running from the first to the last house opposite the first-floor window, those are sash-windows, they go within six inches of the floor of the room—this photograph (produced) is a correct representation of the terrace—at No. 1 there are Venetian shutters outside the lower windows—the verandah is about fifteen or sixteen feet from the ground, and at the other end, at No. 6, there is a wall which is about seven feet in height from the wall of the house, but slopes down to about four feet next the road—I occupy the drawing-room of No. 6, as my bedroom; myself; Mrs. Taylor, and my daughter occupy that room; Mr. Henry Chery occupies the corresponding room in No. 5—about a quarter-past 2 on the morning of the 17th May, I heard a candlestick fall—my dressing-table is across the window, and there is a chest of drawers close to the dressing-table—when I retired to rest, a candlestick had been left either on the dressing-table or looking-glass, or on the chest of drawers—there are two toilet candlesticks—the noise awoke my wife, she said, "What is that?"—I said, "Oh, nothing"—I fell asleep again for a short time and was awoke again by my wife—I rose in consequence of what she said—I heard a rustling noise, and heard a noise as of some one breaking into the house—I heard a stranger's voice, and called out immediately, "Who are you?"—the voice answered, "A friend"—I said, "If you are not off I will dash your brains out," and I rushed out of bed—my wife immediately struck a light, calling out, "Here's a pistol, and here's a poker"—as soon as the match was ignited I saw the prisoner, it was he who had spoken—his head was on a level with the dressing-table, projecting beyond the edge—his head was about half a yard inside the apartment—I said, "I will shoot you"—he said, "Don't shoot," and then withdrew, and I closed the shutters after him—I had found them open—they were put to the night before, but not barred—when I got out of bed, the sash was up, nearly as high as it would go, but when I retired to rest, it was closed—it was the prisoner's face that I saw over the dressing-table—there was something peculiar in his voice—I thought he was a foreigner—I tried to get out by the third window
—I rushed out as soon as I could open the shutters—the prisoner had made his escape—I searched the premises, and made a more minute search on the following morning—I gave information to the police about half an hour afterwards, and partly described the person of the prisoner, and he was brought to me in better than an hour afterwards, between 4 and 5 o'clock, by the constable to whom I had given the information—I said, "That is the man"—I did not go into Mr. Chery's room when I examined the premises—he communicated with me, and handed me a cap, which I threw over the verandah—the following morning I examined, and found footmarks on the Venetian shutters at No. 1, and a broken pane; also a broken pane in No. 2, and one in No. 5—at Mr. Chery's room the marks were about the breadth of a man's foot on the trellis work that forms the shutters—it is possible to ascend to the verandah by the Venetian shutters, with some amount of risk—I went to the station with the prisoner.
Cross-examined by MR. RIBTON. Q. How many panes of glass were broken? A. Three; there are eighteen windows altogether along there—I did not hear the glass breaking—I was very sound asleep, very tired.
HENRY AITKIN CHERT . I am a pupil in Mr. Taylor's establishment, and sleep in the first-floor room of No. 5, the next room to Mr. Taylor's, on the same floor—about 10 minutes or a quarter to 2 on Saturday morning, 17th May, I was awoke by hearing a crash of glass—I turned round and sat up in bed, and saw some one come up to my window and try to open it with his hands—he did not succeed in pushing it up—it was fastened—he then passed on towards No. 6—I was hardly awake—after a time I heard Mr. Taylor's voice, and a strange voice speaking—then I heard a noise of shutting a window or shutters, or something like that, and then I heard a strange voice say, "Oh, my fingers!"—I eventually got out of bed, went to the window, and spoke to Mr. Taylor—I afterwards examined my windows, and found the pane of glass next to the fastening broken, and I found a man's cap in my room, under the window—the window was open from the top—I cannot remember whether it was open from the bottom or not—the window that was fastened is another window—there are three in my room—it was the farthest from my bed that was broken—my bed is close to the window—I picked the cap up, and gave it to Mr. Taylor, and saw him give it to the policeman.
Cross-examined. Q. Was that window closed when you went to bed? A. Yes—I am quite sure of that—the breaking of the glass did not frighten me at all.
SAMUEL SHERRIN (Policeman, R 158). About 3 o'clock on the morning of 17th May, I was on duty on Woolwich Common, near Mr. Taylor's—I saw Mr. Taylor on the balcony—he gave me information, and handed me the cap produced—I made inquiries, and upon receiving other information from Watts, another constable, I went across to the barracks, which is about half a mile from Mr. Taylor's—I made inquiries of the sentry, and afterwards found the prisoner in a watering-place belonging to the barracks—he had no cap on—he had a cut across his forehead, and was holding his handkerchief up to it at the time—his clothes were not unfastened—I took him into custody—on the way to the station I said to him, "Have you lost your cap?"—he said, "Yes"—I said, "Where?"—he said, "I don't know"—I said, "What colour is your cap?"—he said, "Black"—at the station I took this cap out of my pocket, and asked if he knew it—he said, "Yes, it is my cap"—before taking him to the station, I took him to Mr. Taylor's, and he said, "That is the man"—he was sober, but appeared to have been
drinking—I found on him a box of still lucifers, sixpence in silver, and fivepence in copper.
Cross-examined. Q. There was a prayer-book also, was there not? A. Yes, and some books relating to a club, and two duplicator—I ascertained at his lodging, that he had been working at Battersea-bridge—I and my inspector also have been making inquiries about him—I do not know him myself; he is a stranger in the place—the sentry knew that he was in the urinal, and told me to go there.
THOMAS WATTS (Policeman, R 70). On the morning of 17th May, I was on duty, about a quarter past 3, at Shooter's-hill—I saw the prisoner without a cap—he had a handkerchief up to his eyes—I asked him what was the matter with him—he said he did not know—I asked him to take the handkerchief down, and let me see what was the matter—he took it down, and saw he had got a great out across the eye—he seemed quite sober—I asked where he came from—he said from Woolwish—I told him that was not the way to Woolwich, that was the way to London—I directed him back to Wool wick—he went along with me till we got to Charlton—he then made a stop, and said, "I don't want to go to Woolwich, I will go to London"—I said, "No, you go to Woolwich, and have your eye dressed, and get a cap, and then you can go to London"—he said, "I don't want to go to Woolwich, I will go to London"—he repeated that two or three times—I said, "No, you shall not go"—at last I got him to go to Woolwich—I gave information to 158—I asked the prisoner how he got the cut on his eye—he said at first he did not know, but he had come from Woolwich, and had laid down on the Common, and he must hare got the cut with a stick.
MRS. TAYLOR. Early in the morning of 17th May, I was awoke by the fall of a candlestick, and then I heard a voice say, "I say, mate," in a loud whisper—Mr. Taylor said, "Who it that?"—I struck a light, and saw the prisoner in the room.
Cross-examined. Q. You were not examined before the Magistrate? A. No.
SAMUEL SHERRIN (re-examined). The pans of glass next to Mr. Taylor's bed-room was broken near the fastening—I did not observe the others—I do not believe that a man in a state of intoxication could get up from the Venetian shutters to the verandah.
GUILTY .— Confined Six Months.
The officer stated that, from inquiries he had made, the prisoner bore a good character.
MR. LILLEY conducted the Prosecution.
ROBERT HYDER . I am a tailor at Plumstead—on the afternoon of 19th May, I had a roll of black cloth, of about 17 yards, value 4l. 10s., in my shop—it was safe about 5 o'clock when I left, when I came back I missed it—this is it (produced), I know it by a chalk mark.
Cross-examined by MR. BESLEY. Q. Where was it kept? A. On a shelf in the shop, with other black and coloured cloth; this must have been on the top—I had several rolls, of this particular kind.
saw two men pass my door, the prisoner was one of them—I observed a roll of cloth under the other man's arm, partly under his coat—I saw the prisoner look back three times in the direction of the prosecutor's house—I went and gave information to Mrs. Hyder, and we ran to catch them—we went in the opposite direction to which they had gone, and came out at the top of the street and saw them both; I saw the other man drop the cloth and run away down the street, along which they had come, and I went and picked up this cloth—the prisoner passed me and went in another direction—he said at the Court that he was lame, I did not notice it—they both appeared to speak to one another while they were together, passing my door.
Cross-examined. Q. When he said he was lame, did he not say that was the reason he did not run after those men? A. No; he said that he would prove that he was lame—I did not see him standing at the corner of the street and the other man running—I did not see any men run; I saw no third man, there were only two when the cloth was dropped—I was standing at my door—I did not see them until they were passing the door.
MARY ANN MUGGERIDGE . I am the wife of William Muggeridge, and live at Plumstead—on the afternoon of 19th May, I was at my sister's house—the last witness was just leaving the door and I saw the prisoner and another man, with a black coat, pass me, I looked after them and saw the roll of black cloth project from the bottom of the other man's coat—the prisoner was on his left hand, and kept looking over his shoulder—they were exchanging words, but I could not hear what—the prisoner assisted the other to raise the cloth up, to hide the part that was projecting—as I walked towards my home I saw them at the Hollows; that is a place where there is no thoroughfare, except into people's yards, they were just leaving the Hollows, and came out again to the opening where I was, there is a hedge there with an old paling—they came down, and the prisoner asked the other to come a little further this way—the other said, "No, let us go back"—I heard that—as they were arguing the prosecutor, Mrs. Hyder, and my sister came up—my sister picked the cloth up.
Cross-examined. Q. You have not told us that the cloth was thrown down? A. As soon as they saw them come up they dropped the cloth and exchanged some words which I could not hear—the words I have told you occurred before the others got to them—I mentioned those words to the Magistrate—after they had passed me I went behind them, within half a minute—I lost sight of them just half a minute while I was turning round to ask my brother for the key of the door—the Hollows is about one minute's walk, I should think, from my sister's house—I saw my sister run to the left to tell the prosecutor, and I went to the right, immediately, up to the Hollows—I saw no other person about the Hollows, except some boys at a distance—I noticed no one standing at the corner—I did not take particular notice when my sister picked the bundle up; I walked with her to see it taken home, not to her own home—one of the witnesses minded the cloth till they brought the prisoner back—my sister carried the cloth, the prosecutor's wife and the last witness followed—I am quite sure that one man that passed, had a black coat on, and the other a light one.
MR. LILLEY. Q. Have you any doubt as to this being the man? A. Not the slightest.
WILLIAM LYNN . I live at Plumstead—on the evening of the 19th May, I saw the prisoner and another man, about twenty yards from Mr. Hyder's house; they passed behind me, and I turned and saw them going down the street—the other man was carrying the cloth tucked up underneath is cost
—it stuck about eighteen inches below his coat; when he got about half-way down the street, I saw the prisoner assist him by giving the cloth a push up, as it seemed to be slipping down, and too gnat a weight for him—I went with Mrs. Alsford to the prosecutor's house, and went in pursuit of the men—we took a different direction to that which they had taken—we went round the house and met them in, what we call, the Hollows—the other man dropped the cloth and ran with all his might the way he had come—the prisoner turned and came towards us, and said, "The b—ought to be locked up."
Cross-examined. Q. He did not run away? A. No—I am positive I only saw one run away—the prisoner's expression was not, "They ought to be locked up"—he meant the man that had just left—no other man was near.
JONH LARKING (Policeman, R 192). I was on duty at Greensend about 6 o'clock on 19th May—my attention was called by Mrs. Hyder to the prisoner—in consequence of which, I went and told him to stop—he was hurrying away, and would not stop—I went, caught hold of his shoulder, and told him I wanted him respecting a piece of cloth that had been stolen—he said, "I know nothing about it"—I took him back to Hyder's shop where he was identified by Alsford, and was than given into custody—I could not perceive that he was lame—he said he would go back with me, that he was innocent.
Cross-examined. Q. How far was it from the Hollows that you took him? A. should think about 500 yards—the road is almost in a direct line from the Hollows to Greensend—he was about to turn to the right—the Hollows covers, I should say, about two or three acres of ground, not more—there are two or three little streets in it—when I took him he was going from the Hollows towards Woolwich Common.
MR. LILLEY. Q. Did you ask the prisoner for an address? A. Yes, at the station—he did not give me any—he said he had no fixed home.
ELIZABETH SLOMAN . I keep a tobacconist's shop at Plumstead, next door to Mr. Hyder's—about half-past 5, in the evening of 19th May, two men came there—the prisoner was one of them—the other was dressed in dark clothes—I cannot say whether he had two coats on—he had a loose black coat; I cannot say what material it was—he told me he would give me 7d. for sixpennyworth of old coppers—I gave him six new penny-pieces, and he gave me a sixpence for it—the other man said, "Oh I we will have half an ounce of tobacco"—I gave it to the prisoner, and he paid me for it—I heard about the cloth being stolen not five minutes after they left.
Cross-examined. Q. You did not see anything of the parcel, I presume? A. I saw the people go after them, and I took care of Mr. Hyder's premises while they were gone—I heard of the robbery five minutes afterwards.
GUILTY .— Confined Six Months.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Six Years' Penal Servitude. (See next case.)
MESSRS. COOKE and CRAWFORD conducted the Prosecution.
May, about midday, Jones came in for half a pound of steak; it came to 4 1/2 d.—he tendered a florin, which I noticed was bad—he said, "Do you think it is not a good one?"—I said, "Yes; it is of the sort"—I gave him the change, and he went away—I followed him into South-street—he there joined a woman, who was standing there, and they walked away together for sixty or seventy yards—she then left him, and went into Mr. Chamberlain's shop—Jones went and joined another man, and sat outside the George public-house—I cannot swear that Smith was the other man—I went into Chamberlain's shop, and saw the woman bargaining for a geranium—I saw her pull out a half-crown—I took possession of it, gave the woman 2s., and gave Ellen Chamberlain 6d., and kept the half-crown—the woman had a basket on her arm—when she left the shop she joined Jones and another man—I sent for Kitmer, the policeman, and told him to take Jones and the woman into custody, and gave him the half-crown—in the woman's basket was the steak I had sold to Jones.
ELLEN CHAMBERLAIN . I live with my father, a gardener, in South-street—on 29th May, a woman came for a geranium—Mr. James came in, gave me 6d., and took away the half-crown—the woman had given me that half-crown—I afterwards went out, and saw the woman outside the George with a man and the policeman—this is the geranium I sold her.
HANNAH WEAR . I am the daughter of the landlord of the Royal George—on 29th May, Smith came to the bar for a pint of porter—I served him with it, and he took it to a form outside—I heard him talking to some one there; I can't say whether it was Jones—I afterwards saw a woman there—Smith afterwards came in for another pint, and he then called the woman in—he pointed with his thumb over his shoulder into the garden—she had some gin, and went through into the garden—Smith brought me this parcel and the geranium, and asked me to take care of them for a few moments—shortly after he came for the parcel and left the geranium, saying he would come for it—I afterwards gave it to the policeman.
Smith. Q. When you came to the station did not the policeman point me out to you and say, "That is the man"? A. No—I did not demur about you at first; I pointed you out—I had seen you four times.
THOMAS KITMER (Police-sergeant, R 4). On 29th May, I went to Mr. Chamberlain's shop, and Mr. James pointed out Jones and the woman sitting outside the George—Smith was with them—I told him I took him into custody for uttering counterfeit coin—the woman said that the prisoner Smith was her husband, and she would not go without him—she had this basket on her arm—I took it to the station—it contained two pieces of steak, two herrings, some onions and new potatoes—nothing was found on Jones—he gave up a two-shilling piece—a half-crown, 2s. 6d., and 4d. in copper, was found on the woman—I produce the half-crown and florin which I had from Mr. James—the woman gave her address as 13, Lant-place, Southwark-bridge-road—on a shelf in the back kitchen there I found two paper parcels, one containing thirty-three counterfeit half-crowns, and the other fifty counterfeit florins—on the following Saturday I went again, and in the upstairs room I found three books—one is a rent-book of that place, with "Richard Smith" written on it—the other officer found a ladle with metal in it, some copper wire, and a quantity of plaster of Paris—I took Smith into custody the same evening that I took the others—I found a place of metal in his pocket.
Smith. Q. Why did you not take me without my being pointed out by two other officers? A. I was not certain of you, as you were standing with
your head down—I was ordered out of Court at the police-court; all the witnesses were—I remained in after that order was given.
JANET HUNTER . I am the landlady of the house 13, Lant-street—I let it on 15th April to Smith, for 4s. 6d. a week—this is his rent-book—he was tenant of the room at the time the policeman came there on 9th May—I have seen him and the woman go in and out during that time—I gave the rent-book to Mrs. Smith on the 21st April—Jones is the man I am speaking of as Smith—he gave me the name of Richard Smith—I never saw that man (Smith) in my life to my knowledge.
WILLIAM WEBSTER . I am inspector of coin to the Mint—the florin uttered by Jones is bad, also the half-crown uttered by the female—these thirty-three half-crowns found in the kitchen at Lant-street are all bad, and all from the same mould as the half-crown uttered by the female—these fifty florins are all bad; twenty-five of them are from one mould, the same as the florin uttered by Jones—the other twenty-five are also from one mould—here are pieces of tin which are used in making these coins mixed up with lead or pewter, which makes them very clear, and gives them a very good sound—many of these coins are in an unfinished state—some have been passed through a battery, the two that were uttered, and one or two others, but the majority are not finished.
DENNIS CLARK (Policeman, M 108). I have known Smith from three to four years—before he went to Lant-place he lived in Kent-street, Borough—I know the woman who was committed for trial with him—I have known them living together about two years—she is pregnant now.
Smith. Q. Where have you known us living together? A. In St. George's, New town—I did not point you out to Kitmer—you were not drunk—I did not tell kitmer I should like him to have a man of the name of Smith—I did not ask you for 1s. last Good Friday, nor did you give me one—I did not say if you did not tell me about the things that were lost in Kent-street I would have you the first opportunity—I have met you and the female together repeatedly, and spoken to you.
Smith's Defence. I was never near the house, and the policeman knows I was in Kent-street drinking the whole of the day. Mr. Kitmer knows I was nearly drunk when he took me; the landlady knows I had nothing to do with the house; she has known me for twenty-five or twenty-six years. I was living near the place where she is now landlady. I got two calendar months unfortunately a little while ago because I did not have a license at Richmond for hawking; I have been trying to get my living.
GUILTY .—JAMES BRANNAN stated that he had known both the prisoners to be expert coiners for some considerable time.— Confined Two Years each; the fourth, eighth, and twelfth month in each year to be in solitary confinement.
Before Mr. Baron Bramwell.
He PLEADED GUILTY to the Second Count.—Fifteen Years' Penal Servitude.
MESSRS. SLEIGH and ORRIDGE conducted the Prosecution.
JAMES MCMURRAY . I am manager of the Royal Paper Mills at Wandsworth—the prisoner has been in my employ two or three years—he dismissed himself in March; and between that time and the fire, he applied, through the gatekeeper, to be reinstated, and on the Wednesday before the fire he applied to me, and I declined to take him on again—the finishing room is built entirely of wood, roof and all, and on Sunday morning, between 2 and 3 o'clock, it was discovered to be on fire, and some of the boarding of the wall was burnt—some broken panes of glass had been papered over, and near these were seven reams of paper and some wrappers—this (produced) is a portion of them partly burnt—this is a piece of a table which was burnt, and this is the boarding immediately under the broken panes—the paper stood against the boarding—the wood caught fire from the paper—a match must have been put in at the window—there were two broken panes, and I found a lucifer match immediately under the first one, and under the second was the burnt paper—the match was not found where the greatest portion of the fire was—a lighted match must have been put in, which would set fire to the paper, and that would char the board—there was loose paper near, which would set fire to the bundles of paper—only wax-tapers are allowed to be used in the mill; not wooden lucifer matches—we light them with a wax lucifer match—there was nothing on the counter which would produce spontaneous combustion—there were no rags lying about and no gas burning, but there was gas in the room.
Cross-examined by MR. RIBTON. Q. How many men have you in the employment? A. From 300 to 400 in the mill, and from 80 to 100 in the Reformatory—about six men worked in the finishing room; it was that room only that was burnt—smoking is strictly forbidden in the rooms, and they never do it that I am aware of—men are always being discharged if they do not behave themselves—I cannot say whether we had discharged any the week before the fire.
COURT. Q. Was the boy Ashmore who has been sentenced to-day (See last case) in the Reformatory? A. He was, but I do not know him—I had not seen him there.
JOHN NURSE . I am a miller, of Garrett-lane, Wandsworth—I have known the prisoner eight or nine years—on Sunday morning, 11th May, I was close to Mr. McMurray's mills, going home, between twenty-five minutes and half-past 1, and met the prisoner between the Old Serjeant public-house and Old Farthing-lane—he was alone when I first saw him; but a man named Hawkins came from the corner of Old Farthing-lane, and when I got up to the prisoner he said, "Jack, have you got a match or two you can give me to light my pipe with?"—I put my hand in my pocket and gave him three or four; he used one to light his pipe, and put the others in his pocket—I had got those matches from Mrs. Maxsom's, at Wimbledon—the prisoner was not any the worse for drink that I could see, but Hawkins was quite intoxicated—I left the prisoner there and went home—I saw no more of him that night—I know where he lives, but they were standing, and I did, not see which way they went—on Sunday morning, about 12 o'clock, when the man came with the papers from London he brought me a paper; my wife answered the door, and the prisoner asked whether John was at home—I said, "Yes"—he called me out and said, "If anybody asks you whether
you saw me this morning say 'No' "—I said that I would—I did not notice whether he said anything about the time, as it was raining fast—I did not see him again that day; but on the Monday morning he called me to him at the corner of Mr. McMurray's premises against the iron bridge, and said, "If anybody asks you if you saw me at half-past 1 on Sunday morning say 'No' "—I said that I would—I did not stop to ask him his reason—I saw him again on Tuesday morning, and we walked down the lane together; and just before I left him to go in to my work he said, "I am suspected; if anybody asks you if you saw me, say 'No' "—I went in and took no more notice of him.
Cross-examined. Q. Were you taking a walk? A. Yes; I had been out the whole evening—I went round Wimbledon Common to take my brother some clothes—I did not meet a good many people coming home—working-people stay out later on Saturday nights—Hawkins is a shoemaker—the prisoner was about four minutes' walk from his house when I first saw him—he had his coat on—Hawkins was not half a minute before he joined him—I gave the prisoner three or four matches—I did not see him give any to Hawkins—Hawkins had a pipe in his hand, but did not light it in my presence—I did not meet anybody else before I met the prisoner—I heard nothing of the fire till next morning.
COURT. Q. Which way is the prisoner's house from the Old Serjeant? A. On the opposite side of the river, and near to the town.
SARAH CARTER . I live next door to Nurse—on Sunday morning about 12 o'clock, I was at the door when the newspaper was brought—I saw the prisoner go up to Nurse, and heard him say, "If any one comes to you to ask you if you saw me last night, say 'No' "—he said, "I will," and the prisoner said, "Because I told them I was in bed at a quarter to 1."
SOPHIA MAXSOM . I am the wife of Thomas Maxsom, a labourer, and live at Dog and Fox-court, Wimbledon—on this Saturday night, about half-past 12, I gave Nurse ten or twelve lucifer matches similar to some which were afterwards shown me by Inspector Ayre, to whom I gave the remainder of the box—it was out of that box that I gave Nurse the matches.
WILLIAM MALKHAM . I am watchman to Mr. McMurray, and live at 6, Ann's-lane, Wandsworth—on Sunday morning, about twenty-five minutes past 2, I had been through the factory, and was coming down the stairs that lead into the yard, when I saw a light in the finishing room—there is a yard between the stairs I was on, and the finishing room—I ran down to the finishing room, and the paper which forms the blind was in a blaze—there is a window in the finishing room which looks into the yard—I got into the finishing room, leaped on to the counter, and pulled down the paper which was in a blaze, and then I ran into the adjoining room, the machine room, in search of a pail—I then heard the yard gate bell ring—I was then near the tap in the machine-room—I ran to the gate to answer the bell, as I thought it was the police coming to assist, but it was the prisoner—I said, "For God's sake make haste, what made you come?"—he said, "I saw the fire from my bed-room window"—we both came down together; I told him to fetch a pail of water as he could go so much quicker than I could, and in the mean time I searched for some bags to smother the fire—he fetched the water, and we put it out between us—it only burnt ten minutes or a quarter of an hour—after the fire was out we went into the machine-room and looked at the dial, it wanted just twenty minutes to 3—I then went to the yard gate with him, and he asked me if I thought Mr. McMurray would think any better of him for coming—
I told him I did not know, but I should name it to my master—he said "So help me God, I would run anywhere to put a fire out"—he came a second time to the bell when I had gone to the back of the premises in search a the other watchman—we both answered the gate, and it was the prisoner—he asked if it was all out safe and said, "You had better watch it"—I had been in the finishing-room about three-quarters of an hour before the fire—I only opened the door and looked in—I saw no light, and smelt nothing everything appeared safe; there was no gas alight—I know the prisoner's cottage very well; the front of it faces the finishing room.
Cross-examined by MR. GIFFARD. Q. How was the prisoner dressed? A. I do not think he had more than his trousers, shoes, and shirt on: he had his braces over his shoulders in the usual way—he had no cap.
CHARLES POWERS . I am a watchman at Mr. McMurray's—about twenty minutes to 3, on the morning of the fire, I heard the bell ring; I went to the gate and found the prisoner—he asked me whether the fire was out—I told him, "Yes"—he said that the gas had been escaping—I said, "There is no gas to escape, and if there had not been a light there, it might have escaped till the day of Pentecost"—there was no smell of gas—he was then fully dressed.
JOHN HENDERSON . I am assistant in the machine-room at Mr. McMurray's mill—the mill works night and day by machinery, but closes at 11 o'clock on Saturday night—on the Saturday week before the fire, about twenty minutes past 1 A.M., I saw a person looking in at the window, but could not recognize the countenance—one of the young women called my attention, and I went and stood by a bench and saw a person look in a second time—I got up on the bench and looked out but could see nothing—on the same evening I saw the prisoner; he called me over and said, "Do you know who it was that was looking in at the window this morning?"—I said, "No"—he said, "It was me that was looking in at the window; I had a ladder"—he said that he saw the young woman, and saw me standing by the side of a bench—the window of the machine-room, where I saw him, is on a level with the window of the finishing-room—the machine-room is the same use the machine-house.
Cross-examined. Q. Who work in the machine-room? A. Two young men, two assistants, and some young women—there was no screaming going on, and no boys or girls pulling each other about, that I saw, and it could not have happened without my seeing it.
JOSEPH HOBBS . I work at Mr. McMurray's mills—on the Saturday week before the fire I saw the prisoner standing on the bridge over the Wandle, in the afternoon—he was on one side of the road and I on the other—I went over to him and said, "Well, Jack, how are you getting on?"—he said, "Middling; about the old pitch"—we stood talking several minutes, and he said, "I nearly frit the girls to death one night this week"—he did not say it was the night before—I said, "Did you?"—he said, "Yes; up at the back of the machine-house, at one of the windows; you have no occasion to say anything about it"—I said, "I shall not," and did not think any more about it—we stood talking there several minutes—he said that he was out of work, and I gave him twopence, saying, "Here is twopence to get you a pint of beer"—he said, "Thank you, that is more than everybody gives me," and went away.
CHARLES WHITE (Policeman, V 217). On the Sunday morning of the fire, I was in Garrett-lane, and saw the prisoner, between ten and five minutes to 2, with a man named Hawkins, who was smoking—he was standing
between the iron bridge and the side of Mr. McMurray's mill; there is a turnstile there—I told them to move on as it was very late, and told Hawkins it was not the first time I had had to speak to him—the prisoner said, "I will see that he goes home when he has smoked his pipe"—Hawkins was drunk—I believe the prisoner was quite sober—Hawkins lives in Garrett-lane—it would not take the prisoner above a minute or two to walk from where he was, to his own house, if he walked straight away—I continued on duty till 6 o'clock in the morning, in Garrett-lane and round the footpath—the only person I saw for the next hour or two was a man who was going to walk to Tooting, having missed a train from London; he talked with me at about twenty minutes to 3.
Cross-examined by MR. RIBTON. Q. Did you see Hawkins go home? A. No; but they both walked towards his home—the man went by the front of the mill, towards Tooting; he passed Hawkins' cottage—I went further away from Hawkins' cottage when I left them, and came back in half an hour—I did not go round the foot-path at this time; I went down the lane.
JOHN COLLINS (Police-sergeant, V 38). On 27th May, I had the prisoner in charge in the police-van from Horse monger-lane to Westminster police-court—he tried to force his conversation on me for some time, but I did not listen to him—at last he said, "I have had my friends to see me this week, the evidence is very slight against me, and I shall get turned up"—he hesitated a moment, and said, "Ah, there is nobody saw me set it on fire, or they would have come forward before this, and got the 50l.—I made a memorandum of that in pencil.
JOHN AYRE (Police-inspector D). On the Sunday morning after the fire, I examined the spot between 9 and 10 o'clock with Mr. McMurray, and saw him find a piece of lucifer under the broken pane of the window at the end of the room next to the machine-room—I went over almost directly, and saw the prisoner at his house—I said, "You first discovered the fire?"—he said, "Yes"—I said, "Come across with me to Mr. McMurray's; as you were the first to discover the fire, I want to put some questions to you, but be careful what you say, for I do not know how it may turn out"—I asked him where he was last night—he said, "I was at the Old Sergeant at a raffle; I left there at 12 o'clock at night, went home, and went to bed about a quarter to 1. I awoke about twenty minutes to 3, looked out at my bedroom window to see if it was time to get up, and saw a light on the tumbling weir" (that is at the back of Mr. McMurray's premises, nearly opposite to where the fire was) "I got up, ran round to Mr. McMurray's, and rang the gate bell; Malkham, the watchman, let me in, and gave me a pail, and I fetched two pails of water, and put the fire out"—I asked him what he had in his pockets, if he had any lucifers—he turned out his pockets, and there was a small piece of a lucifer, but not the same sort as that I found inside—I do not think it was like those which Nurse gave him the night before—I saw a fourteen round ladder of about eight or nine inches to a round, lying on some wood at the back of the prisoner's house—I received information and obtained these matches from Mrs. Maxsom, at Wimbledon, which, appear to correspond with this piece picked up by Mr. McMurray—the box is here—Bell's lucifer-match manufactory is not far from there—I enquired at the Old Sergeant, and they sell Bell's matches there—I got these matches (produced) from the prisoner's mother; they are different—I searched the prisoner's
bedroom on the Sunday, but could find no matches there—it is eighty-nine yards from where I found the wood to the finishing room—there is a bridge close to the prisoner's garden, which leads to the pathway under the wall of the finishing room—from the prisoner's cottage to the fire, is eighty-nine yards; from the fire to the bell, is ninety-five yards; from the fire to the gate leading into the prisoner's garden, is thirty-three yards, and by the public footpath to the garden gate, supposing he ran there and back, would be 161 yards—from the bottom of the street where Malkham was, to the finishing-room window, is forty-two yards—from the finishing-room window to the tap, is about thirty yards, because he would go through the machine-room.
COURT. Q. Is the river there very deep? A. Not very; it is deeper at some times than at others, when the water is kept back—he could walk round with a ladder, but I do not think he could get across the water with the ladder—I do not think the depth is such that he could put the end of the ladder in the water and fling over the top—I have omitted to say that on the Sunday morning I examined the broken square of glass, which had been covered with paper; the paper was broken and it leaned outwards, where the hand been inserted—the top part was not burnt, but the bottom part was.
Cross-examined. Q. What are you reading from? A. This paper contains the distances—it took me a minute to walk from the garden gate to the fire and back to the bell—if any one had been on the inside and thrust their hand out through the paper, then in withdrawing the hand the paper would bear inwards—if it was done with an umbrella or a stick, it must have been a large one—an umbrella was found inside partly burnt—I believe there has been a reward—I do not know who is to get it—Mr. McMurray offered it—I advised him only to offer 20l., but he offered 50l.—when I got the information that the prisoner had told Nurse to say that he had not seen him, I took him into custody—I received information which took me to Nurse—Mr. McMurray told me that Nurse had seen the prisoner, and I went to him in consequence—Nurse was very reluctant to tell me—I do not know whether he is to get the reward—the match found inside, corresponds with the matches which Nurse obtained from Mrs. Maxsom.
COURT. Q. Was there anything inconsistent with what the prisoner said to you, that he saw the light on the weir? A. The light on the weir from the fire could be seen from the window—he bad to go upstairs to his bed.
The prisoner received a good character.
NOT GUILTY .
Before Mr. Recorder.
MR. ORRIDGE conducted the Prosecution.
WILLIAM HOLAN (Police-sergeant, M 19). On 2d May I took the prisoner into custody at 37, Star-corner—I told him he was charged with bigamy, marrying Mary Ann James, his former wife being still alive—he said, "Yes, that is true; you can't make much of it, because she is married again, and got five children by her second husband, I have a son nineteen years of age at Birmingham, that is a credit to me"—I produce a certificate—(This certified the marriage of Thomas Toone and Sarah Neal, on 5th December, 1842, at Wandsworth)—I examined that with the register; it is a true copy, and this other certificate also—(This certified the marriage of Thomas Toone and Mary Ann James, on 28th May, 1861, at St. Andrew's Holborn).
—I have known the prisoner about twenty years—when I first knew him I lived at Birmingham—I knew Sarah Neal before and after she married the prisoner—they lived neighbours by me for about twelve months—I last saw her about five weeks ago in Birmingham.
Cross-examined by MR. LILLEY. Q. Did you visit the house where the prisoner lived at Birmingham? A. Not till after they were married—I was not present at the marriage—the prisoner's mother and sister occupied the house previous to the marriage, and then he and Sarah Neal lived as man and wife—they moved to next door to me, and lived there as man and wife about eighteen months.
MARY ANN FRY . I am the wife of Thomas Fry, and live at 75, Great Lant-street, Dover-road—I know the prisoner—I was present at the church when Mary Ann James was married to him on 28th May, 1861—I was her bridesmaid.
JOHN DAY (Policeman, M 101). As I was taking the prisoner to the station he said he thought it was a very hard thing; he was knocked about a great deal; he was out on 50l. bail for bigamy, and he knew his first wife was alive, but she was married to another man, and had got four children by him, and his second wife knew all about it.
Cross-examined. Q. Did he not say that his second wife knew all about it before they were married? A. No—he said she knew all about it—it was not five but four children that he said his first wife had.
GUILTY .— Confined One Month.
MR. DICKIE conducted the Prosecution.
OLIVIA SPRANKETT . I am the wife of Walter Sprankett, of 2, Herbert's-buildings, Waterloo-road, Southwark—on the 27th of May, I locked up all the house early in the evening, and closed the shutters—they were not fastened, but the window was down—I am positive I closed the door—I and my husband sleep upstairs, and an apprentice sleeps in the parlour—I was awoke about 4 o'clock in the morning by my apprentice, and saw the window wide open; the shutters were shut—I missed a clock off the sideboard, a box with six eggs, two pictures, a jug, and plate—these articles (produced) are mine—I value them at a sovereign, but my husband gave a sovereign for the clock alone, last winter—I saw the prisoner in custody at the door—I never saw the prisoner before—I did not allow her to take these things away—the prisoner said to the policeman, in, my presence, that another person took them and gave them to her.
Prisoner. Q. When you came down you saw me with the police? A. Yes—I looked and saw what I had lost—I said, "Will you show me where the things were taken?"—you said, "Yes, all I know of; I will show you where they are"—the policeman urged you to tell where the things were—you directed him at once to 16, Tower-street, the woman you mentioned did not reside there; but when you told where she really did live, we went there and found the things—I said that I could not miss all I had lost—we found a chair in your place after we came from the Magistrate—I have it now; the policeman fetched it from there—it was you that took the things; not another woman—you told me that the woman had slept with you on the Sunday night—you did not say that her husband had left her and was living with another woman, and that you had known her
to be in very respectable circumstances—after a great deal of persuasion you told us where they were, having first given a false address—you did not take us with you directly; you were very reluctant to go.
EDWARD STEEL . I am an apprenticed shoemaker, and lodge at Mr. Sprankett's—about 3 or half-past on the morning of the 27th I was in bed, in the parlour—I heard the prisoner moving some glasses off the sideboard, and packing the clock up, and saw her just going out at the door with it—I am sure it was the prisoner—it was not light enough to see her features, but I knew her when she came back; she had the same shawl over her head—I saw her putting the clock under her shawl; I heard it ticking—she was gone about twenty minutes.
COURT. Q. Did you keep quiet? A. Well, I had just awoke—then she came again and took the two pictures off the mantel-piece—I ran after her; she threw them in the gutter and ran away—I hallooed "Stop thief!"—I had a full opportunity of seeing her face when she was running, and have no doubt about it being the prisoner, I swear that it was—I saw her taken in custody—I did not lose sight of her when she fled from the house, till she was taken—I picked up the pictures and gave them to the police.
Prisoner. Q. You told the Magistrate you saw me take out the box? A. No; I did not say I saw you take the chair or the box—I said I saw you take the clock and two pictures—you had to move all the glasses, and that awoke me—I did not speak, because I was frightened and did not know what to do; I was only half awake—you did not say, when I stopped you, "They do not belong to you; they belong to the woman who is gone on"—I said, "Where are the things?" you said, "What things?" I said, "The things you took out of our house;" you said, "What house?" I said, "The pictures;" and then you pushed me away, put the things in the gutter, and ran away—I did not say, "You had better bring the pictures back"—you did not say, "The woman is gone on; I will go and bring her back"—you said that we should miss a chair, and we did miss it when we got home again.
MR. DICKIE. Q. Did you see any other woman there running? A. No.
WILLIAM HISCOCK (Policeman, P 249). On the morning of the 27th, about a quarter-past 4 o'clock, I heard a cry of "Stop thief!" at Waterloo-road, Lambeth, and saw the prisoner running towards me from the direction of Herbert's-buildings to the Westminster-road—I stopped her, and the other witness came up to me, and from what he told me I took the prisoner back to Herbert's-buildings—I did not see any pictures drop—I saw them at the station—the prisoner said some woman had employed her to take the things away—after I charged her with stealing she said, "If you go with me, I will show you where the property is"—I went with her to 4, Wells-court, Blackfriars-road, and there found these things; she gave them up—that was her lodging—she said two other women had helped take the things—we found one in the house at the time—she went before the Magistrate, but denied all knowledge of it, and was discharged.
Prisoner. Q. You never saw me before that morning? A. Not to my knowledge—there were two men in the Waterloo-road when I came up to you, but no cart—they were not asking you what it was about when I came up—you were not talking to any one; they came up when I stopped you—they were not standing there when you came up—I took you back and told the prosecutrix to go and look over her things, and I went in, leaving you in custody of another constable—you spoke to him about 16, Tower-street—I did not go there—you said, at Stones-end, that there was a chair missing
—the prosecutrix had not missed it at the time; we found it at the lodging afterwards.
MR. DICKIE. Q. Was there any other woman running besides the prisoner? A. No.
COURT. Q. Where was it that you found this other woman? A. At a water-closet, close beside where the things were found—the prisoner said that that was the woman who had helped her to take the things—she went before the Magistrate, and the prisoner denied all knowledge of her, and she was discharged.
Prisoner's Defence. I have never been accused in any situation before; I deny that I ever brought any articles out; the woman was coming along the Blackfriars-road with another woman, and she had the chair, the box, and the plate; she said that she was coming to my place, and that these were some things that she had, got from where her husband was with another woman; I went with her to this house; she went in and brought out the clock and two pictures; I came as far as the middle of the next street, and then said, "I don't like having anything to do with it, I shall get into trouble;" she said, "You will get into no trouble; they are my own;" she took the clock, and left me with the two pictures in my hand; the boy came up and said, "You have two pictures;" I said, "Yes; they do not belong to you;" he said, "Yes; they belong to the woman where I am living; bring them back; there is a clock, is there not?" I said, "Yes, and several other things;" he said, "You had better bring her back;" a man at the corner said, "The woman has turned up this turning;" I ran to overtake her, and then the policeman came up; I told where the things were, and gave them up; I need not have told where they were; the woman said she would have got rid of the things, and I was a fool to tell where they were; she was in the yard at the time the policeman brought the things out;" had I known it at the time I would have had her taken: I wish to get my living in an honest way; I have two children totally unprovided for; the woman has got out of the way.
GUILTY .—She was further charged with having been before convicted, in November, 1860, in the name of Margaret Fitzgerald; to which she PLEADED GUILTY. **— Three Years Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and LLOYD conducted the Prosecution.
CHARLES ROWCLIFFE . I keep the Flying Horse public house, Blackman-street—on Wednesday night, 7th May, the prisoners came and called for a pint of beer, for which one of them paid twopence; after a short time they called for half a quartern of gin, and one of them, I think it was Ann, gave me a counterfeit shilling—I put it into the till where there was no other shilling, and gave the change—they went away and I took all the money out of the till, there were two florins and the shilling I had received from the females—I put that money on one side, and left the bar in charge of Eliza Case—late in the evening I saw the prisoners again in my bar, and my wife said in their presence, "Here is another shilling, a bad one, which I have taken from these females"—one of them said, "You must not say anything against me"—I went directly to the till and found one counterfeit shilling, and three good sixpences—Miss Case pointed to the prisoner Ann, and said, "That female gave it me"—I went and got a police-constable and gave
them into custody—I marked the shilling I took from them, which I had placed with two florins on a shelf, with my teeth, and sent it to the policestation.
ELIZA CASE . I am barmaid at the Flying Horse—on the evening of the 7th May, I saw the prisoners there—Ann asked me for some rum, I served her, and she gave me a shilling—I gave her 9d. change, put the shilling is the till, there was no other shilling there, only small money—I continued the bar and they came in about three times within the hour, from 7 to—I heard my mistress say something about a bad shilling—she served them the third time—I did not see them the first time they came in; it was the second time that I saw them—my mistress said, "This is a bad shilling"—my master afterwards went to the till and took out a bad shilling, which he showed me, and kept it, no one had been to the till but me—I said, "This is the shilling that that woman gave me" pointing to Ann—as Sarah was going out, she said, "You must not say anything against me, I have had nothing to do with it."
Cross-examined by MR. LEWIS. Q. Is the house very much crammed in the evening? A. No; there was no one at the bar when these women came in—I did not touch any shilling that was on the shelf with two florins.
SUSAN ROWCLIFFE . I am the wife of Charles Rowcliffe, a publican—on 7th May, the prisoners came to our house, and the tall one asked for a quartern of rum—I think a shilling was tendered in payment, I did not see who put it down, I was serving at the time—I did not give the change—I detected it directly, gave it to Mr. Rowcliffe, and said, "This is a had shilling"—and he recognized the women as having been in before, looked in the till, and there was another bad one there—I am certain it was one of the two put the shilling down—I did not interfere with the shilling on the shelf.
Cross-exaimned. Q. Do you mean that your husband said to them at that time, "You two women have been here before?" A. Yes, he did, and the barmaid recognized them too—she said so at the time, I am quite certain of that—she was in the bar.
Sarah Clark. I never was in the house but once. Witness. I have not the least doubt about you, you stayed at the bar twenty minutes.
EDWIN COLEMAN (Policeman, M 53). The prisoners were given into my custody with two counterfeit shillings, and I afterwards received another from a gentleman who is not present—one prisoner said to the other, "You b—fool, don't utter a word, if you do you will make it the worse for me"—she repeated that on different occasions going to the station, till at last? separated them—the taller one cried very much, but the other one said to me, "I should not be such a b—fool if I passed one to go back the second time."
Cross-examined. Q. Were you examined before the Magistrate? A. Yes; I did not recollect this conversation then, I was not asked it—I told the solicitor of the Mint, and he said I could mention it on the trial—they were searched, and in the hand of the shorter one was twopence, and the other had a halfpenny.
COURT. Q. How was it that you only gave two to the constable? A. At
the moment I could not get any one to get a policeman—I first gave him the two, and then told him I most likely had got another—I gave that one to a young man who was with me, and he took it up—I recognise it by the mark.
Sarah Clark's Defence. I never was in the place but once, in my life. I was standing up out of the rain close by the place.
GUILTY .— Confined Twelve Months each.
MESSRS. POLAND and LLOYD conducted the Prosecution.
CHARLES BUTCHER . I am manager of the Anchor and Castle public-house in Tooley-street—on 5th June the prisoner came to the house and asked for half a pint of porter, and tendered in payment a shilling, I gave him change and he went away—I discovered the shilling was bad, and laid it on a shelf behind the bar—he came in again about half an hour afterwards and asked for half a pint of porter and a screw of tobacco, which was twopence—I served him, and he gave me a bad shilling—I jumped over the bar and kept him till I gave him in custody—I kept one shilling in my hand, asked the landlady to give me the other, and I gave them both to the constable.
Prisoner. Q. You say you put the shilling on the shelf, did not you when you gave me in custody ask the missus to give it you out of the drawer behind the counter? A. No, off the shelf behind the bar; that was the same shilling I had received from you.
HUGH O'REILLY (Policeman, M 114). The, prisoner was given into my custody on 5th June; he acted very violently, and kicked me as I took him to the station—I kept hold of him—I produce two shillings which were given to me by the last witness—I searched the prisoner and found two half-pence upon him.
GUILTY . **†— Confined Two Years.
MESSRS. POLAND and LLOYD conducted the Prosecution.
SARAH LAUNDY . I am the wife of Thomas Laundy, of 164, High-street, Borough; he is in the service of Mr. Joseph Sterry, an oilman—on 7th May the prisoner Brown came to the shop and asked for some soap and soda; the soap was one penny and the soda a halfpenny—he tendered a shilling, and I gave him change—I put the shilling in the drawer with others—I saw him again about an hour, or an hour and a half afterwards—he asked for a Pennyworth of chloride of lime, and gave me in payment a bad shilling—I I kept it in my hand, gave him the change and he went away—I then called to Carney, an assistant, to come and look at it—after marking it, I wrapped it up in paper, put it in a desk, and looked it up—I then went to the drawer, examined the money there, and found a bad shilling—I know Johnson—I have not seen him with Brown—I saw him at the shop on the same day; he asked for a pennyworth of soft soap, and I served him; that was between 2 and 3 o'clock, after Brown came—I saw Johnson served by Carney—he tendered in payment a shilling—I saw, as he laid it on the counter, that it was bad—Carney took it, put it in his mouth and broke it, and said it was bad: that was in Johnson's presence—I afterwards took the
shilling I found in the till, and the one I put in the desk, down to the station and gave them to a constable.
Brown. Q. Did you find out that the first piece was bad while I was the shop? A. No; I did the second—I let you go, because I knew you would come again; you knew we were moving at the time—I knew what you were; you did not come in again.
Johnson. Q. Was the shilling I gave to the young man, broken in two? A. It was, and I believe you swallowed it; you told them, when you were asked, that you had chucked it away.
ARGENT CARNEY . I am assistant to Mr. Joseph Stony, an oilman, of 164, High-street, Borough—on 7th May, I was serving in the shop; Johnson came in and asked for a pennyworth of soft soap—I served him, and he tendered me in payment a shilling—I said it was a bad one, and put it is my teeth and broke it—I put it on the counter, and he seized it up and made away with it—I have seen the two prisoners together in Mint-street frequently—Johnson was taken to the station, and afterwards discharged, I believe—I did not go there.
Brown. Q. Were you in the shop, when the person who has just gone out, served me? A. Yes; she put the first shilling in the till, and kept the second in her hand and showed it to me and the manager—we said it was bad, and we would wait for you—the shillings were not put together; they were wrapped up separately.
GEORGE KELLY . I am a pork butcher, at 7, White-street, Southwark—on 21st May, I saw the prisoners outside my window, looking in; Johnson came in and asked for half a pound of sixpenny steak—I served him, and he gave me a shilling—I gave him ninepence change, and put the shilling in the till; there was no other silver there, only coppers—he then went out, taking the steak with him; not a minute afterwards Brown came in and asked for half a pound of sixpenny steak—I served him, and he tendered me a counterfeit shilling—I looked at it, put it in my teeth, and said, "This is a soft; one"—he said, "Well, if it is, there is another," and threw down a good one—I said, "If you will fetch me a policeman, I will give you the change; I lay a guinea your pal has just now given me another one"—I opened the till and there was another one—I took it out, and was about showing it to him, and he said, "Well, I want my change"—I did not give him the change—I had taken up the good shilling—I gave him the bad one back, and he broke it up before me, and went out for a policeman—he came back and said that he could not find one—I refused to give him the change, and took him in custody myself—we did not meet a policeman till we got to the station-house; he was there locked up—I am quite sure the shilling he broke up was a bad one—I marked the shilling that Johnson gave me, and gave it to the constable at the station.
Brown. Q. Was there anybody else in the shop? A. Yes, a man buying a pig's face; he gave me sixpence, not a shilling—I did not pull out any silver in a bowl; there is nothing of the sort in my till—you did not attempt to run away going to the station; you have got a wooden leg, and my brother was behind you all the way.
Johnson. I was at Richmond on that day.
LAWRENCE KEIFE (Policeman, A 474). On 7th May Johnson was brought to the station, charged with uttering a counterfeit shilling—he was not detained—on 21st May, Mrs. Laundy gave me these two counterfeit shillings (produced)—on that same day Brown came to the station with the last witness—I kept him in custody, and Mr. Kelly gave me this bad shilling
(produced)—I searched Brown, but only found a tobacco-box, no steak—I have seen the prisoners together frequently.
Johnson. Q. Have you seen me and Brown together? A. Yes, scores of times—I never told your landlady that I would hare you before the week was out.
DANIEL MALONEY (Policeman, M 32). I took Johnson on 24th May—I told him he must come to the station with me, on suspicion of uttering counterfeit coin at 7, White-street—I did not tell him on what day—he said he was in Richmond; he was not at home from Wednesday night till Friday night—I said at the police-court that I saw him on the Thursday on two occasions—I saw him at half-past 10 on Thursday in Mint-street, in the Borough—I saw the two prisoners together several times during the month of May.
Brown's Defence. Do you think, if I was guilty, I should have gone back to the pork-butcher's? He pulled out a bowl of silver, took out a shilling, and said my pal had given it him.
Johnson's Defence. I have nothing to my. I was absent at the time.
GUILTY . **— Confined Two Years each.
Before Mr. Recorder.
714. WILLIAM NYE (28), HENRY MORGAN (22), and SAMUEL BAKER (27), Stealing 3 quarters of oats and 6 sacks, the property of Henry Aste and another, the masters of Baker. Second Count, receiving the same.
MESSRS. METCALFE and BESLEY conducted the Prosecution.
ALFRED MANSFIELD (Policeman, P 312). On Monday, 19th May, about 8 in the morning, I was on duty in East-lane, Walworth—the prisoner Nye is a com-dealer at 28 in that street—I saw a van belonging to Mr. Aste in front of Nye's shop, delivering corn—it is a double-fronted shop—the prisoner Baker was in charge of the van—I saw six sacks delivered—Morgan took the corn from the van into the shop—Baker put the corn at the back of the van—the sacks were on the top of the van, what they call riders—he gave them to Morgan, at the back part of the van, to carry into the shop—I saw no one but Baker in charge of the van—I saw Nye go into the shop just as the sacks were delivered—he stood aside a moment while they took the fifth sack in, to allow it to be taken in, and he then went into the shop, and Baker got off the van, and went into the shop, and spoke to him—Baker then got on the van and drove away—I followed the van about a quarter of a mile, and then hailed him—he went at a walking pace—when we got to West-street, I said, "I want to speak to you"—he said, "What about?"—I said, "Who gave you any order to leave corn at Mr. Nye's I where is your order?"—he said, "I have got no order"—I said, "Well, you will go to the station with me"—he said nothing to that—I do not think he was aware that I was following him until I spoke to him—I noticed him glance his eye over as they were unloading the corn—I was in uniform—I took him to the station, left Mr. Evans, a builder, in charge of the van, and went back to Nye's shop with two more constables—I saw Nye mixing up some oats in the corn-bin in the shop—I said, "Good morning, Mr. Nye"—he said, "Good morning"—I said, "I suppose you how what I want"—he said, "No"—I said, "These oats"—he said, "My man took them in; I know nothing about it "—I said, "Well, you must go to the station with me"—he did not say anything as to where he was when his man took them in, or give any reason for not knowing anything about
them—I took him to the station—I afterwards went back to the shop, and took Morgan there—I told him I wanted him for receiving corn, and he must come to the station—he said, "Very well"—they were all searched at the station, and on Baker was found a pass for the corn—the money found on them has been given up—I took possession of five sacks—I could not find the sixth—I have got some samples here—I found the sacks in Nye's shop—Mr. Aste's name is branded on them—I had not seen any of Mr. Aste's vans there before, that I recollect.
Cross-examined by MR. RIBTON. (For Nye.) Q. Did you know Nye before this day? A. Yes, I have seen him on several occasions in passing, as I might see other shopkeepers—it might have been a day, or two or three days before, that I last saw him—he had his arms in the bin when I went back, and I supposed he was mixing the corn up—I have not mentioned that before, I was not asked, and did not think of it—I did not give my evidence to any one before giving it before the Magistrate—it was taken down by Mr. Wontner at his office, and before the Magistrate—I had a conversation at Mr. Wontner's office—he took down my evidence after I was before the Magistrate—he simply asked me the nature of the case, and I told him—I did not mention to him about mixing the corn up—this is the first time I have thought of it—I stated at the police-court that I was thirty yards from Nye when I first saw him—I have measured the ground since, and find I ought to have said thirty feet—it was directly opposite the shop that I first saw him that morning, when the last two sacks were being delivered—I was then in the same position that I had been in when the others were delivered on the opposite side of the street—the van was directly opposite Nye's door, between me and his door—I saw Nye come from the direction of the Walworth-road—I could nee him plainly enough at his own door, because I went rather on one side and could see him standing on one side of the van—he stood on the footway whilst the last two sacks were being carried, and I stepped aside to see him—he was obliged to stand on one side when the fifth sack was going in—he was not standing in the doorway when he stepped aside I was standing at the tail part of the van—this is the first time I have named his stepping aside—I do not know that it is the first time of my thinking of it—the question has not been put to me before—I did not tell it to Mr. Wontner—I did not speak to Nye till the matter was over—I should think I was away about twenty minutes before I went back and found him in the shop; it might have been half an hour—there were only five sacks in the shop when I came back—six were delivered—I counted them as they were coming in—they were placed one on the top of another in the shop—they were full—four sacks had been delivered before Nye came up—I did not make any inquiry about the other sack when I found only five—the bins were all full—corn is a very hard thing to swear to—I think there was a little girl in the shop when I went back, who had come in for some article—the five sacks were all full—they are there now.
Cross-examined by MR. ORRIDGE. (For Morgan.) Q. Had the van the name of the corn-dealers upon it? A. The name of Aste and Son, Old Barge-house Wharf, was painted on it—Morgan took the sacks on his back, carried them into the shop, and they were put in the centre of the shop, in front of the counter—Morgan has been living with Nye as his man, about eight months, I have heard—he lived with Simmonds and Morton of Westminsterbridge-road, before he went to Mr. Nye's—I know that of my own knowledge—I went to Mr. Simmonds' place—they are very large millers.
MR. RIBTON. Q. Did you count the sacks that you found in Nye's shop? A. There were five sacks there—I had counted six, but only five were sworn to—I found five—I counted them when I went there with Mr. Hill—five only could be sworn to by Messrs. Aste's a traveller, but there were six full sacks in the shop, one on top of another.
Cross-examined by MR. PATER. (For Baker.) Q. Were you near the shop when the van came up? A. I was not—I am positive about the number of sacks taken from the van—I have not said at any time that I was not positive of it—I cannot say whether Baker had taken in any of the sacks before I came up—I am positive that six sacks were taken in—I did not go inside the shop at that time, but followed the van.
MR. METCALFE. Q. Were five of the six sacks branded with Messrs. Aste's brand, and identified? A. Yes—the six were all full of oats—the bin in which he was mixing the corn was full—it would hold one or two sacks.
WILLIAM KEBLE . I am collector and salesman to Henry and John Aste, who carry on business in partnership, at Old Barge-house Wharf, Blackfriars, and 75, and 70, Corn Exchange—Baker was one of their carmen—the other prisoners I did not know till I saw them at the police-court—Baker had to take out on this morning twenty-five quarters of oats, to go to Aldershot by the South-Western Railway—he ought to have gone to the Nine Elms station—he had no business in Was worth—Nye is not a customer of durs—Baker had no light or authority to take any corn to Nye's that day—I saw the van afterwards in the custody of the police and found the fifty sticks of oats still on it—I examined them; one had been changed—there were forty-nine sacks with forty pound Dutch blue oats, and one sack with Swedish oats—they were all Dutch oats when they went out—Smith was also a carman of ours—he had to take thirty quarters of Swedish oats to Northumberland-street, Strand, on a van; they were in sixty sacks, and were the same description as the one sack of Swedish oats which I afterwards found—I have seen the six sacks of oats which were found in Nye's shop—there were four sacks of Swedish oats and one of forty-pound Dutch oats, which latter corresponded in quality and appearance with the Dutch oats that Baker had taken; and the four sacks of Swedish oats corresponded with the Swedish oats that Smith was taking—there were four or five craft laden with them at the same time, from which they might have got other sacks—I counted the contents of Smith's van in the afternoon; Mr. Hayes called my attention to it—I found it at Old Barge-house Wharf after I returned from the market, and five sacks were missing front it—of the sacks found at Nye's, five were marked, and one was plain—they were branded in black, "Aste and Son, Old Barge-wharf"—those in in Smith's van were branded exactly in the same way—the sacks were placed one above the other, six high—all the bins were nearly full of corn.
Cross-examined by MR. RIBTON. Q. How many sacks were missed altogether? A. We have missed five; we cannot tell how many went, five were stolen—I would not swear whether there were more—only five sacks were missing from Smith's cart—I cannot say that only five were missing from prosecutor's—we are some sacks short, and the men have the opportunity of robbing us; we have no opportunity of discovering whether they stole six or twice six sacks from us.
Cross-examined by MR. PATER. Q. I believe when the carmen leave, they have orders received from one another? A. That depends; two men may be going on the same road—this man would have another man with him—each man has his own particular orders for the day—the other sack was exactly the same sort as ours, but it was not marked—I could not see at that time whether it was marked or not.
COURT. Q. Were the sacks Smith took out, and those Baker took out branded in the same way? A. They may not have been; every one of them was marked, some red and some black—I think the whole of those that Smith took were black—the one of Swedish oats that I found in Baker's van had a black brand—Smith did not take out any Dutch—I did not find any Dutch in his van, but in Baker's van I found one tack of Dutch oats—I found in all forty-nine Dutch and one Swedish—there were twenty-seven quarters and a half of Swedish oats in Smith's van.
MR. METCALFE. Q. Did the barge contain both Swedish and Dutch oats? A. The barge William did, it brought a load of each from the ship—our stock is too large to say whether there wan any missing from the barge—I did not see Smith and Baker leave—I have not seen Smith since.
RICHARD GREEN . I am a corn-merchant in East-lane—on Monday, 19th May, I was at a coffee-shop opposite Nye's shop about a few miuntes before 8—I saw Mr. Aste's van drive up the street—it stopped in front of Nye's door—Baker, I think, was in charge of it; I will not swear to him—he got down, spoke to Nye, and then got up on the waggon again—Nye was coming from the direction of the Walworth-road, and reached his own shop just as the waggon stopped—Baker then put the corn down towards the tail board of the van—he then got on the van again and drove off, and Nye went into the shop—I saw eight sacks of corn taken off the waggon—Map took the first; I can't say who took the others—I noticed that the waggon was No. 2—after Nye had spoken to Baker be went against the horses—I was some distance up towards the Walworth-road then, and could not see distinctly, because the horses were close to the pavement and the pavement close to the shop—I saw the policeman come up.
Cross-examined by MR. RIBTON. Q. Where is this coffee-shop? A. Directly opposite—I live with my father, who is a corn merchant—he and Nye are not rivals; there is no animosity between them—we have never had any intercourse to make us rivals—to the best of my belief they are on good terms—I don't know that they are on very bad terms—I don't know that they are on any terms at all—I don't recollect being asked that question—I don't think they are on the very best of terms—I only know from that my father said, but they are not on bad terms—I did not tell my father directly, what I saw that morning—I did before I went before the Magistrate—Nye came up just as the van stopped, before any of the corn was delivered—I can't say whether he went into the shop—I don't know whether he stood on the pavement while they were being delivered—the van was between me and the shop, so that he might have been there without seeing him—when the van came up, the policeman was coming towards the van—he was in a position to see everything I saw.
Cross-examined by MR. ORRIDGE. Q. Did you know Morgan at all? A. No—I had seen him at work before at Nye's, and knew he was carman to Nye.
MR. METCALFE. Q. When the van came up did you come out of the coffee-shop? A. I stopped for a moment, and then came out, and then moved a little distance off, and stood between thirty and forty yards off—I am quite sure I saw eight sacks altogether taken into Nye's.
JOHN WOOLFREY . I am wharf foreman to the prosecutor—it is my duty to see the waggons loaded—on Monday, 19th May, I saw Baker's waggon party loaded—twenty-five quarters of oats were to be put into his waggon—I told the men to load it with fifty sacks—this (produced) is the ticket which he was to take—his waggon was No. 2; they are all numbered—I
gave him this delivery ticket—I saw Smith's waggon loaded with thirty quarters, or sixty sacks of Swedish oats—it was to have gone to Lockett's, in Scotland-yard—four socks of that load, and one of Baker's load corresponded with the Swedish oats that were found at Nye's—the Dutch oats corresponded with Baker's, and the Swedish oats with Smith's—I have a sample of each here, which I took of those that were returned—I have looked at the brands on the sacks—those containing the Swedish oats corresponded with what Smith had, and those with the Dutch oats corresponded with the others.
COURT. Q. What time did they leave the wharf? A. Baker left at a quarter to 7, and Smith at a quarter-past 7.
THOMAS TALLY . I live at 3, Ely-place, St George's-road, and am a carman in the employ of Mr. Lilley, corn-chandler, London-road—I know Nye and his shop—I can't say how long he has been at his present place—I knew him previously, when he was in the London-road, two or three years ago—I know Mr. Aste's van—I have seen it drawn up at Nye's premises in London-road between two and three years ago—I saw it there two or three times—I saw a carman carrying two full sacks one morning from the van into Nye's shop as I was passing—I did not see that on any other occasion.
Cross-examined by MR. ORRIDGE. Q. Do you know Morgan? A. Yes; by sight—I don't know how long he has been living with Nye—he was not living with him in the London-road.
HENRY JONES . I am a carman in the employ of Mr. Edwin, of Cumberland-place—I know Nye's shop in East-lane—I have seen Mr. Aste's waggons standing outside there—I saw two sacks of something, grain, I suppose, taken from the van into Nye's—they were taken down the side slip by the side of the shop, not in at the front—I did not know the man that took them—I saw him at Nye's before and afterwards—it was not Morgan—this happened on a Friday somewhere about eight to ten months ago.
MARY BUSTIN . I am the wife of George Bustin, of 2, North-street, Barking—I know Baker, and James Smith, another carman of Mr. Aste's—on the evening of 18th May, they came together to our house to dinner—my husband knew them, and invited them.
(THE COURT considered that the case against Morgan was very slight.)
MR. RIBTON called
SAMUEL JADKINS CHEW . I am barman at the Royal Albert, East-street, Walworth, which is about a hundred yards from Nye's shop—on the morning this matter occurred Mr. Nye came to our shop about twenty minutes or a quarter to 8, as near as I can say—I am sure it was before 8—he left at ten minutes past 8—there was another gentleman or two in the house—I am quite sure he was there the whole of that time; about twenty-five minutes altogether—he never left the place; he was reading the paper all the time—I saw no cart go away.
Cross-examined by MR. METCALFE. Q. How do you know the time A. I know the time because he was reading the paper, and he threw the paper down on the counter, and said, "By the bye, it is ten minutes past 8; my breakfast will be waiting for me," and he walked out of the house—I looked at the clock myself—I did not go to the police-court—I came here voluntarily; I was not asked either to go to the police-court or to come here—there were two examinations at the police-court—Mr. Matthew, ray employer, went to the police-court; we
could not both go—about three or four days ago I said I would come up and tell the time—the matter occurred the same morning—I heard about an hour afterwards of Mr. Nye's being taken up—I did not think the there was anything to take me to the police-court—Mr. Nye generally came in every morning, except market morning.
MR. RIBTON. Q. What time does the paper come? A. About half-past 7—Mr. Matthews did not go to give evidence.
COURT. Q. You knew of your employer going up? A. Yes—I had heard before that that Nye had been taken, and my attention was called to the time about which he left—I did not give it a thought about going there—I mentioned the time to somebody in the course of the day—some one asked me the time Mr. Nye left, and I told him, and he said it was of the greatest importance—that was three or four days ago.
THOMAS MARSHALL . I am a salesman, and live next door to Mr. Nye—on the morning this happened I saw the cart come up, and saw some of the sacks delivered—Mr. Nye passed me that morning while I was on my steps hanging out my goods—that was before the van came to the door—he went up to the Royal Albert public-house—I did not see him go in—I lost sight of him—I saw the cart go away; it passed my door—I did not see him again before it left—he was not there—he could not have been there in the way described by the policeman and Green without my seeing him—I am quite sure I saw it drive away, and two or three minutes after that I saw Nye come—I did not see the policeman come then.
Cross-examined by MR. METCALFE. Q. Did you see the policeman go? A. No; I did not see him at all—I cannot say whether he was there at all, or Green either—I know Green—I was on the same side as Nye's; my shop joint his; there is a little bit of the court between—I was hanging up goods at the door—Green might have come out of the coffee-shop opposite without my seeing him—the van was between me and the policeman and him—Nye was not there—he would have had to pass me on the opposite side of the way in coming from the public-house—I was at my door all the time—I saw Baker there—I had never seen him before to my knowledge, and had never seen the van there before; I am quite certain of that—I have seen Mr. Nye's cart but no other, except some clover and hay which came there—they have to draw up in front of my door to unload—I have not seen sacks brought down from a cart at a distance—I have never seen a sack brought from Mr. Aste's cart before in that neighbourhood—it is perhaps a fortnight or three weeks ago that I first said anything about this to anybody—I know that within half an hour after the matter occurred Mr. Nye was locked up—I saw the policeman come and take Morgan, but did not see him take Nye—I am at my door all day long, except when I am serving customers inside—I was never asked to go to the police-court—I was not asked to come here till last Friday—I knew of the two examinations at the police-court, but it was for other people to ask me, and not for me to put myself forward—they must have known that I saw everything, for I am always at my door—I have never seen any solicitor about the case—I did not care which way it went.
COURT. Q. Not if you knew that Mr. Nye was innocent? A. The fact is, I was not asked respecting it, and I considered that I ought to have been.
MR. RIBTON. Q. I suppose the communication you made a fortnight ago was to some friend of Mr. Nye's? A. Yes—I opened shop about a quarter to 8, and it takes me about an hour to hang my things up and get straight.
Baker and Nye received good characters.
BAKER— GUILTY .— Confined Twelve Months.
NYE— GUILTY of receiving .— Confined Eighteen Months
MORGAN— NOT GUILTY .
715. EDWARD TRAVERS (42), and TIMOTHY CRONIN (22) , Burglariously breaking and entering the dwelling house of William Lambert. and stealing therein 36 lbs. of tea, 77 lbs. of bacon, and 16l. 10s. in money, his property.
MR. DICKIE conducted the Prosecution.
WILLIAM LAMBERT . I live at 113, Borough-road, St. George's, South-wark, and am manager of a co-operative store—on the night before 23d May I secured and locked up my premises at 11 o'clock exactly—early in the morning, about a quarter-past 4, I was called up, and found my house had been broken into—I missed 36 lbs. of tea, and a side of bacon weighing 77 lbs. value 2l. 5s.—I also missed a Rack which the tea was carried away in, and 16l. 10s. in money—I know those things were on the premises the night before (produced)—I know this bag is mine; I cannot swear to the tea—I do not know the prisoners at all—James-street is just across the road.
Cross-examined by MR. PATER. Q. All you identify is the sack? A. Yes; and the bacon was delivered to me at the police-court, and has been consumed; it would not have kept till now—my house is about 500 or 600 yards from Little Surrey-street—there are two ways of going to it; in fact I never was in the locality till some time after the robbery—I went round to see where the spot was—it was a very peculiar side of bacon; I never bought such a side before; it was very large and very coarse—on the afternoon previous to the robbery I was noticing several marks on it, where it had been hanging, and wondering how it would go off—I knew it by the marks on it.
JAMES BARRETT . I live at 53, Ewer-street, Gravel-lane, St. Saviour's, Southwark—on Friday morning of 23d May I went to take a walk—I was in Warwick-lane about a quarter to 4 or 4 o'clock in a glass house, where there were some other boys that I knew—two boys named Foley and Knott were with me—we left there about twenty minutes past 4, and went into Little Surrey-street, and saw Cronin come out of a house in Little Surrey-street into James-street, with a bag like this on his back; and then he came back with no bag, and he beckoned to another man round the corner—I cannot say who that other man was, but I think it. was Travers; it was something like him—I cannot say how be was dressed, but he was in his shirt sleeves and Cronin also—I cannot tell what house Cronin went into in James-street after he had beckoned to the man; he went into the house in Little Surrey-street which he had come out of—I saw his face distinctly; his nose attracted my attention.
Cross-examined. Q. How distant were you from Cronin when you first saw him? A. He was a few doors away from us; I dare say twenty or thirty yards—he was in a doorway when he beckoned, close against a dark house in Little Surrey-street—we were coming from Warwick-street—we did not go into the Borough-road at all—we left off work about 3 o'clock that morning; we had been working very hard and were hot, and we went for a walk—it was Foley whose evidence was rejected before the Magistrate—knott was not before the Magistrate—I only saw Cronin carry a bag—there was no one else in the street at the time—we afterwards told the policeman of it, who was coming down the street, about five minutes afterwards I don't know No. 3, Little Surrey-Street—I believe that was where Cronin was—I have not seen the house since—I never go that way now—we went with the policeman—we stopped in Little Surrey-street nearly an
hour, till the prisoners were taken—I did not go into a house with the policeman—the man that Cronin beckoned to, went back into Little Surrey-street—I and the policeman went to Newman-street, at the top of James-street, and then the policeman went back, thinking he might see one of them; but he did not see any one, and then he went into the house, and the two prisoners were there in bed together.
COURT. Q. What do you work at? A. At Mr. Powell's, a glass burner's in White friars—we work night and day.
THOMAS KNOTT . Early on Friday morning, 23d May, I was taking a walk with James Barrett to cool ourselves—we got into Surrey-street at a little glass-house with some boys—coming out of Surrey-street I saw Cronin run across the road with a bag—he went to a house—another man came out and beckoned with his hand to go back—as soon as we told the policeman of it, he ran in and collared the two—the bag was very much like this one—I can't say who the man was that went back—we walked half-way up the street, and the man ran after us—I ran round the other way to the policeman but we did not catch him.
Cross-examined. Q. Were you taken to the station-house on 23d May? A. Yes; I went with the policeman—I only went there once—I could not say that Cronin was the man that carried the bag—I think he is—this was about twenty minutes after 4 in the morning—I saw another man in the street who had on a blue guernsey, and there was a woman walking about the street—the policeman went into the house and fetched down the ten—there were two women downstairs—nobody was upstairs—I did not go into the house where the two prisoners were—I was outside when they were brought out—I would not swear to the man when I was shown him the same morning.
HENRY FOLEY . I live at 46, Surrey-road—on Friday, 23d May, between 3 and 4 in the morning, I was in Warwick-street—we went into Little Surrey-street, and saw Cronin run round the corner with a bag on his back, he came back without a bag, and another man, whom I do not see here, came round the corner in his shirt sleeves—I was not able to see him property—Cronin beckoned to him to go back, and ho went back—after that we told the policeman.
Cross-examined. Q. Do you remember being produced as a witness at the Southwark police-court some few weeks ago? A. Yes; the Magistrate would not take my evidence because I was hard of hearing.
WILLIAM HENDICOTT (Policeman, M 106). On the morning of 23d May, about a quarter past 4 o'clock, I was on duty near Surrey-street, Southwark—I passed the prosecutor's premises and saw the shop-door open—I went in, called the prosecutor up, and he came down and found the store-room window open—an entrance had been effected that way, and a quantity of tea taken from the bins, and some was strewed on the floor—from information I received I went to 3, James-street, Borough-road—I know the place very well—in the upstairs room I found this sack with a quantity of tea in it—two females were in the house—they were both taken in custody, but the Magistrate discharged them on the second examination—there was no one else in that house—the bacon and things were found by another constable.
JOHN POMEROY (Policeman, M 130). On 23d May, between 4 and 5 in the morning, I went to 33, Little Surrey-street, which is kept by a person named Clark—the prisoner lodges there—in a privy, in the back yards, I found a side of bacon weighing seventy-six pounds—I went upstairs to the
first-floor front room and saw both prisoners in bed together—I told them there had been a robbery in the Borough-road, and I had found a portion of the property in their place—they appeared at first to be asleep, but I awoke them—Travers said, "I know nothing of it; I am innocent, I have been in bed since a quarter to 1"—Cronin said, "If you take me, you take the wrong man"—I said I had received a description of two men, and they answered it, and they must consider themselves in custody—no explanation was given about the bacon.
Cross-examined. Q. Were there any other persons sleeping in the same room? A. Yes; there was another bed with two men in it—it was a lodging house—all persons in the house have access to the privy—there is a fence there, but three boards are down, so that any one can pass from one yard to another, or to a house in James-street adjoining—I was present when Foley was examined before the Magistrate—his evidence was rejected on account of his deafness I believe—the Magistrate's clerk examined him, and spoke to him in a loud tone, but I do not recollect the Magistrate saying that he waned so uncertain, and hesitated about the matter, that he would not allow his deposition to be taken—he said something to the lad about his deafness—I did not hear it exactly—a dozen parties live in that house, I dare say, altogether—I do not recollect Travers saying that he had lodged there about twelve months.
MR. DICKIE. Q. Do you know of his lodging there twelve months? A. No; not so long as that; but I know he has been there some time.
THE COURT considered there was no case against TRAVERS.— NOT GUILTY .
CRONIN.— GUILTY . *†— Confined Eighteen Months.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and LLOYD conducted the Prosecution.
JOHN CLARE KEILOR . I am a draper at 142, High-street, Whitechapel—on 21st May, the prisoner came to my shop for a 6d. pair of stockings—he tendered a bad half-crown—I said, "Halloa! here is a bad half-crown"—he said, "Oh! I did not know it; I got it from a sailor for carrying a parcel from the railway-station"—he walked up to the station and I gave him in custody, and gave the half-crown to H 75.
JAMES MURPHY (Policeman, H 75). The prisoner was given into my custody, with this bad half-crown (produced)—the prisoner gave the name of James Coghlin—he was taken to Worship-street, remanded till the 27th, and then discharged.
WILLIAM BROCKWELL . I am the landlord of the Fox and Geese, Bermondsey-street—on Friday, 6th June, the prisoner came to my house, and asked my wife for some gin and tobacco—she served him—after he had gone, she showed me a florin—the prisoner was sent for, and he came back—I asked him if he knew what he had given me, and said it was a bad two-shilling piece—he said, "I did not know it was bad"—I said, "Where is the change?"—he pulled it out of his pocket, and gave me 1s. 9 1/2 d.—the articles he bought cost 2 1/2 d.—he then took the florin up off the counter, put it into his mouth, and swallowed it, and said, "Now, what can you do with me?"—Mr. McIntosh, the inspector, was passing by at the time, and I called his attention to it—he caught hold of the prisoner by the throat, and looked into his mouth—I did not see him give the florin to my wife—she is not here.
Prisoner. Q. What did I ask for? A. Three halfpenny-worth of gin and a screw of tobacco—I swear that my wife did not put the florin out of her hand after she took it from you—she did not put it into a bowl—it did not go into the potman's hands—I thought you would choke when you were swallowing the florin—I caught hold of your throat, and so did Mr. McIntosh—I saw it between your teeth—you were some minutes before you could swallow it—it went down your throat at the time we had hold of your throat—Mr. McIntosh said, "Throw it out of your mouth; you will choke yourself;" and I said I would rather let you go, than you should choke yourself.
JAMES MCINTOSH . I am inspector of the M division of police, but now on leave from service—on Friday, 6th June, I was called into the Fox and Geese, and saw the prisoner there—I heard the last witness say, "You have passed a bad two-shilling piece"—the prisoner said, "I was not aware that it was bad"—Mr. Brock well said, "Where is the change?" and he gave him 1s. 9 1/2 d. change—I saw a coin in Mr. Brock well's hand, which I believed to be counterfeit, and about half a minute afterwards some people called out, "He is swallowing it!"—I seized the prisoner by the throat and tried to open his mouth—I saw a coin inside his teeth, and I told him to drop it—Mr. Brockwell and another person tried to get the coin out of his mouth, but we could not—there were about twenty persons there at the time, and they called out, "You will choke the man"—I was afraid we should choke him, and I let go—he then swallowed the piece, and said, "Do what you can; what can you do now?"—I sent for a policeman, and he was taken into custody—he gave the name of Driscoll.
Prisoner. Q. You say you saw this two-shilling piece on the counter? A. In Mr. Brockwell's hand—I think it was a bad one—I cannot swear to it—I saw it in your mouth—your mouth was partly open, not shut—I had hold of your throat with two other men—I saw an extraordinary excertion on your cheat when I let go—I have no doubt that if the tune you swallowed it
Prisoner's Defence. A young man came up to me, and said I was wanted in the public-house. I went there, and he told me about the two-shillling piece. I did not know it was bad. I say every word they say about the other one is false. It is not likely that I should have gone back with a strange man, if I had known the two-shilling piece was bad.
GUILTY .— Twelve Months for each offence; the second term to commence at the expiration of the first.
ADJOURNED TO MONDAY, JULY 7, 1862.