Old Bailey Proceedings, 22nd September 1862.
Reference Number: t18620922
Reference Number: f18620922

CENTRAL CRIMINAL COURT

Sessions Paper.

CUBITT, MAYOR—SECOND MAYORALTY.

ELEVENTH SESSION, HELD SEPTEMBER 22D, 1862.

MNUTES OF EVIDENCE,

TAKEN IN SHORT-HAND BY

JAMES DROVER BARNETT

AND

ALEXANDER BUCKLER,

Short-hand Writers to the Court.

ROLLS CHAMBERS, No. 89, CHANCERY LANE.

THE POINTS OF LAW AND PRACTICE,

REVISED AND EDITED BY

ROBERT ORRIDGE, ESQ.

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

LONDON:

BUTTERWORTHS, 7, FLEET STREET,

Law Publishers to the Queen's Most Excellent Majesty.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of

OYER AND TERMINER AND GAOL DELIVERY,

FOR

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

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, September 22d, 1862, and following days.

BEFORE the Right Hon. WILLIAM CUBITT, Lord Mayor of the City of London; Sir John Barnard Byles, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Henry Singer Keating, Knt., one other of the Justice of Her Majesty's Court of Common Pleas; Russell Gurney, Esq. Q.C., Recorder of the said City; William Anderson Rose, Esq.; William Lawrence, Esq.; Benjamin Samuel Phillips, Esq.; Thomas Gabriel, Esq.; James Abbiss, Esq.; Thomas Dakin, Esq.; Robert Besley, Esq.; and Sills John Gibbons, Esq., Aldermen of the said City; Thomas Chambers, Esq. Q.C., Common Serjeant of the said City; and Robert Malcolm Kerr, Esq., Judge of the Sheriff's Court of the said City; Her Majesty's Justices of Oyer and Tenminer 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.

Sheriffs.

FREDERICK FARRAR, Esq.

CHARLES GAMMON, Esq.

Under-Sheriffs.

CENTRAL CRIMINAL COURT.

CUBITT, MAYOR SECOND MAYORALTY.

ELEVENTH SESSION.

A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, September 22nd, 1862.

PRESENT—The Right Hon. the LORD MAYOR; Mr. RECORDER; Mr.

Ald. ROSE; Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. ABBISS, and Mr. Ald. BESLEY.

Before Mr. Recorder.

Reference Number: t18620922-929

929. MARGARET NAGLE (20), was indicted for unlawfully uttering counterfeit coin.

MR. W.H. COOKS conducted the Prosecution.

HENRY ELLIS . I am landlord of the King's Head public-house, Crown-Street, Oxford-street—on 8th September, about 8 in the evening, the prisoner came for a pint of ale, and gave half a crown in payment—I gave her change and put the half-crown in the till; there was no other there—directly after drinking the ale she went out—about five or ten minutes afterwards I went to the till, took out the half-crown, and thinking it looked bad, tried it in the detector; it bent directly—I put it aside on the top of the spirit cask; I afterwards gave it to the policeman—on the Tuesday following, the 16th, the prisoner came again, about 2 o'clock in the morning; the house was closed then, but she begged me to let her have some gin and I did—I knew her again when she came in—what she had came to 10d.; she gave me a five-shilling piece; I tried it in the detector, but could not bend it readily, and thought it was good—I gave her 4s. 2d. change; directly after she was gone I tried it again and found it was bad—I sent for a constable and gave it to him; as I was telling him about it outside the front-door, the prisoner came in sight—I went up to her and said, "You recollect coming for some gin five or ten minutes back?"—she said, "Yes"—I said, "And you recollect giving me a five-shilling piece; is this the one?"—she said, "Yes"—I said, "Are you aware that it is a bad one?"—she said, "No, I knew nothing at all about that"—I said, "Well, it is a bad one, and if you like to give me the difference I will say no more about it"—she said, no, she would be d—d if she would do that, and I gave her into custody.

COURT. Q. Do you say that you recognised her as the person who had given you the half-crown? A. Yes; at least I had suspicion—I could almost swear to her, but I would not swear that she was the person—I did

not say anything about the half-crown at first, it is such a bad neighbourhood, I thought I would rather keep it quiet.

RICHARD REED . I have lately been discharged as a seaman from one of her Majesty's ships—I met the prisoner on the Tuesday morning, a little after 2 o'clock—she asked me to have something to drink, I went with her, and when we came in sight of the King's Head we saw the landlord and the policeman—she made a sort of stop, and said, "Oh, that is where I passed the bad crown"—she then walked on, and the landlord stopped her.

MATTHEW BULLOCK (Policeman, C 203). I received the prisoner in custody from Mr. Ellis with this crown and half-crown—she gave her correct address.

WILLIAM WEBSTER . I am inspector of coin to the Mint; these coins are both bad.

Prisoner's Defence. I know nothing about the half-crown; I was not aware that the five-shilling piece was bad.

NOT GUILTY .

Reference Number: t18620922-930

930. JAMES WILLIAMS (27), and WILLIAM BRINCKLEY (28), were indicted for a like offence. MR. W. H. COOKE conducted the Prosecution.

ELIZABETH CLAYTON . I am a licensed victualler, of Bound's-green, Tottenham—on Thursday evening, 28th August, at half-past 10 o'clock, the prisoners came there—Williams called for half a quartern of gin, and gave me a half-crown—I took it into the parlour, put it on the table, and brought back 2s. 3 1/2 d. change, which I gave him—he called for another half-quartern five minutes afterwards, and paid me with 2 1/2 d.—they shared the drink, and Brinckley then said, that as Williams had paid for that, he would stand another half-quartern; he gave me half a crown, which I gave to my granddaughter, Mary Ann Papworth, who gave him his change, and they left together—that half-crown was put on the table with the other, and in about five minutes I found them bad—I gave them to a policeman next day.

Cross-examined by MR. DICKIE (for Williams). Q. Is the table the usual place where you put your half-crowns? A. When we take change—there were no other half-crowns there.

Brinckley. I have often been in the house and never passed bad money. Witness. I have known him by sight five or six years, coming there; he as there the week before.

MARY ANN PAPWORTH . I am the grand-daughter of the last witness—Williams gave her a half-crown which she put on the bar-parlour table—my grandmother afterwards gave me a half-crown which I laid on the bar-parlour table by the side of the other.

Cross-examined. Q. Did you know Williams before? A. No; but I saw them both there the night before.

WILLIAM KEEBLE . I keep a public-house in the Green lanes, Tottenham—on Thursday night, 28th August, about ten minutes after 9, the prisoners came, and Brinckley called for a pint of beer; he gave me a counterfeit half-crown; I bent it and gave it to him back as he did not seem satisfied that it was not genuine—I took the beer from them and ordered them off the premises—Allen came up at that moment and charged them.

CHARLES ALLEN . I am waiter and potman at the Queen's Head, Green-lanes, Tottenham, kept by Mr. Palmer—I followed the prisoners by his orders that night, about 120 yards; they went into Mr. Keeble's; I saw what they were doing, and wished to have them locked up, but there was no constable.

ALFRED ALLCOCK (Policeman, N 108). On 29th August, I was sent for

to Mrs. Clayton's, and received a half-crown from her—Bound's-green is about a mile and a half from the Green-lanes—I took the prisoners the next day, searched them, and found on Williams 2s. 9 1/2 d. in good money, and a farthing on Brinckley.

WILLIAM WEBSTER . These half-crowns are both bad and from the same mould.

Brinckley's Defence. I did not know it was bad; I was never locked up before.

GUILTY .— Confined Nine Months.

Reference Number: t18620922-931

931. JOSEPH RUDKIN (23) , Embezzling the sums of 20l., 25l., and 25l. the property of Henry William Peck and others, his masters, which he

PLEADED GUILTY .—He also pleaded guilty to two other indictments for embazement.— Judgment Respited.

Reference Number: t18620922-932

932. JOHN NEWMAN (24) , Stealing 1 watch-seal and key, and chain, the property of Mary Ann Perren, from her person; to which he

PLEADED GUILTY .— Confined Six Months.

Reference Number: t18620922-933

933. WILLIAM SHAW (21) , Stealing 1 handkerchief, value 2s., the property of Edward Turner, from his person; to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18620922-934

934. GEORGE SUTHERLAND (25) , Feloniously assaulting John Hope Featherston, a police-constable, in the execution of his duty; to which he

PLEADED GUILTY .— Confined Nine Months.

NEW COURT.—Monday, September 22d, 1862.

PRESENT—Mr. Ald. ABBISS and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant.

Reference Number: t18620922-935

935. JAMES BRETT (30) , Feloniously uttering counterfeit coin; to which he

PLEADED GUILTY .— Penal Servitude.

Reference Number: t18620922-936

936. JOHN STILES (30) , Unlawfully uttering counterfeit coin; to which he

PLEADED GUILTY .— Confined Nine Months.

Reference Number: t18620922-937

937. ELLEN DIXON (32), was indicted for a like offence.

MESSRS. ROWDEN and WARTON conducted the Prosecution.

JOHN PRICKETT . I am an assistant to Mr. Maltby, who keeps the post-office at 77, Long Acre—on Monday, 11th August, the prisoner came for some stamps, and put down a shilling and threepennyworth of halfpence—I put the money in the office, and gave her the stamps; and, on turning round, I found the money was bad—the prisoner was then gone—I ran round the corner, but she was gone—I broke the shilling up with a weight, and threw the pieces in the street; it broke quite easily—on the Thursday following I saw her again in the shop—she tendered my shopmate 5s. 6d. for stamps—she put the money down on the counter, two two-shilling pieces, a shilling, and a sixpence—Edmund Rogers, my shopmate, said, "This is a bad two-shilling piece," holding up one of those that she had laid down—I then said that I should lock her up; that she had been in on Monday and passed a bad shilling—I kept her, and sent for a policeman.

Prisoner. I said I was very sorry it was bad, and that I was not aware of it.

Witness. She said she did not know it was a bad one—she gave some of the stamps back to Rogers.

Prisoner. I was never in the shop for the shilling's worth of stamps.

Witness. I am quite sure she is the person.

ABRAHAM ROGERS . I am an assistant to Mr. Maltby, of the post-office, 77, Long Acre—on 14th August last, the prisoner came and asked for 5s. 6d. worth of stamps—she put down two two-shilling pieces, a shilling; and a sixpence—I looked at the money, and founds bad two-shilling piece amongst it—I told her that one was bad, and she asked me not to break it—the last witness said that she was the same person that was there on Monday, 11th August, and so he should lock her up—she was then given into custody—I gave the bad florin to the constable—this (produced) is it.

Prisoner. Q. Did not you say that if I gave back the two shilling' worth of stamps you would not have me locked up? A. No; I took two shillings' worth of the stamps back before you said a word to me; I did not ask you to give them back; I did not say I would not give you in charge.

JOHN SHEELING (Policeman, F 86). I took the prisoner on 14th August, and received this two-shilling piece at the time.

COURT. Q. Did she give her address? A. Yes; but she had not lived there for a week previous to her arrest—I went to where she had been employed; it was at a wine merchant's, and he had been obliged to discharge her in consequence of her intemperate habits.

WILLIAM WEBSTER . This florin is bad.

Prisoner's Defence. I never was in a Court before. My husband is at sea, and I went into service and lived in a situation for a twelve months. I was going to send the stamps to a person at Gravesend, for the trouble she took in finding out my husband's ship, and I did not know the two-shilling piece was bad.

COURT to JOHN PRICKETT. Q. What kind of a breaking was it of the Shilling? A. I used a half-pound weight—it was not brittle—I did not try to bend it without using the weight—I did not hammer it particularly hard—it broke quite easily—I hammered it up and bent it up, and then hammered it back, and it broke directly—I showed it to Rogers before breaking it up.

WILLIAM WEBSTER (re-examined). After hearing the account of what was done with that shilling, I am satisfied as to its being counterfeit coin.

ABRAHAM ROGERS (re-examined). I saw the shilling, and saw it broken—it was a bad one.

GUILTY .— Confined Six Months.

Reference Number: t18620922-938

938. JAMES KELLY (25), and CORNELIUS MAHONY (21), were indicted for a like offence.

MESSRS. ROWDEN and WARTON conducted the Prosecution.

MARY HEWSOM . I am the wife of Mr. Hewsom, of the Queen Adelaide public-house, Uxbridge-road—on 18th August last, about 4 in the afternoon, the two prisoners came in together, and called for a pint of beer, which was 2d.—I served them, and one of them, I do not know which threw down a shilling—I laid down a sixpence and fourpennyworth of coppers on the counter—I do not know which took it up, as a customer then came in—the prisoners went away—I suspected the shilling to be bad, and laid it by itself in the till, till my husband came in; not with the other silver—after I had served the customers, and they had gone out, I

looked at the shilling, thought it was bad, and kept it by itself—about half an hour after that I saw the two prisoners go by in charge of the police-man, T 332, on the opposite side of the way—I called to the policeman and I gave him the shilling.

HENRY SPENCER . I am a labourer at Miller's farm, Shepherd's-busb—on 18th August last, about 4 o'clock in the afternoon, I saw the two prisoners siting close together on some stones—I was breaking stones—they were passing money from one to the other—I was about ten yards from them—the Princess Victoria public-house is about a hundred yards distant—I went there, said something to the landlady, and stayed there—after a few minutes the prisoners came in—Mahony threw down a shilling, and called for a pint of beer—I saw the landlady double the shilling up, and she kept it and gave it to the policeman as soon as he came in—nothing else was done with it—the police were sent for, and I saw the prisoners taken in custody—they drank the beer together.

Kelly. Q. How much beer did we have to drink in that house? A. Only one pint while I was there—the landlady bent the coin up as far as it was then bent—I saw you sitting on the heap of stones for twenty minutes, I believe you sat on the side and looked at me as I was making the road—you tossed up a shilling to see which should go into the public-house first—I saw you toss it up, and I immediately went to the landlady and said, "There are two smashers about, and you look out"

Mahony. Q. It was I who picked up the shilling? A. Yes; and you dropped it pretty quick.

SYLVIA BOYER . I am the wife of John Walter Boyer, who keeps the Princess Victoria public-house—on 18th August, I saw the two prisoners in the bar there—I heard what the last witness said—it happened just as he stated.

Kelly. Q. What did you do with the shilling when you took it? A. I put it in the detector, found it was bad, put it down before you two, and said, "This won't do"—you immediately put it in your mouth, bent it more than I had done, and said, "It is bad"—Mahony then paid for it, and you both drank the beer—Mahony did not look at the shilling first—while you were waiting for the constable you had a second pint, which you paid for with coppers—Mahony was the one who put down the shilling, and he afterwards paid for the beer with a two-shilling piece—you also had a pennyworth of tobacco—you might have been in the house about half an hour—you might have been there perhaps ten minutes or a quarter of an hour before the policeman was there—I said I could not leave the house then, because my husband was out.

MR. ROWDEN. Q. Was the shilling which Kelly put down the same one that you gave to the constable Green? A. Yes; this (produced) is it—I made a very slight mark, which is here now, just on the edge of the shilling—Mahony received the change for the two-shilling piece, and put it in his pocket.

NOAH GREEN (Policeman, T 332). I took the prisoners in custody—I produce the two shillings and some good money—this bent one is the one I had from Mrs. Boyer—I searched the prisoners—on Mahony I found a florin, shilling, and sixpence, and four pennyworth of coppers, good money; and on Kelly two sixpences, and sixpence-halfpenny in coppers, good money—on the way to the station-house, I was going past the Queen Adelaide, when Mrs. Hewsom called to me and said that the prisoners had passed a bad shilling there about half an hour before—she said that so that they could hear it—she afterwards gave me this bad shilling—I got the landlord and potman of the Princess Victoria to assist me in taking the prisoners.

Kelly. Q. What did the landlady say to you when you came in where we were given in charge? A. She said you had just attempted to pass a bad shilling—I asked her if she would press the charge—she said that her husband was not at home, and she could not leave the house—she said she wanted to have you searched to see if you had any more bad money—I said, "I will search them here," and you said you would go to the station and he searched there—you were about twenty yards off when I took Mahony over to the landlady of the Queen Adelaide.

WILLIAM WEBSTER . These two shillings are bad.

Kelly's Defence. I met this young man, and knowing him by his dealing in the same goods as myself, we came part of the way together. I sat down on the stones to have a smoke, being tired, and he said, "Will you come and have a drop of beer?" He took me to the public-house, called for a pint of beer, and paid for it. I found the landlady would not take the coin, as it was bad. I put it in my mouth and said, "It is bad." I saw no more of the other money till the next day at the station-house; that is the only public-house I have been in with him. I know nothing of what money Mahony had, and I cannot account for it.

Mahony's Defence. I met this man about half a mile this side of the woman's house. I gave him some tobacco, and asked him to come and have a pint of beer. I went and put down a shilling; the landlady said it was bad. This man picked it up and I put down a two-shilling piece for the beer, and she gave me a shilling, a sixpence, and four pennyworth of half-pence change.

KELLY— GUILTY .**— Confined Fifteen Months.

MAHONY— GUILTY .— Confined Nine Months.

Reference Number: t18620922-939

939. CHARLES ROBSON (22), was indicted for a like offence.

MESSRS. ROWDEN and WARTON conducted the Prosecution.

JOHN FISHER . I keep a coffee-house at 8, Clement's-inn-passage—on the evening of 20th August, between 6 and 7 o'clock, the prisoner came for a pint of coffee and a slice of bread-and-butter, and gave me a bad florin—I put it in my pocket and gave him change—I had no other florin there—after he was gone I examined it, found it was bad, and kept it by itself—on Saturday night, 23d, I gave it to the policeman—the prisoner came again that night, asked for a pint of coffee, which is three-halfpence, and gave me a bad shilling—I broke it with my fingers and teeth—I told him it was bad, and that I had on the Wednesday night previous taken a bad two-shilling piece of him—he said, "Not of me"—I sent for a constable, gave him in charge, with the florin and part of the shilling—I found the other part since—these are them (produced).

Prisoner. Q. In what way are you sure it was me? A. I had a suspicion of you when I took that bad florin—I remembered your being in before, and that caused me to examine the shilling—I waited to see what coin you would give before I said anything—I am sure you are the man who came on the Wednesday.

STAFFORD BOWLEY (Policeman, F 171). I took the prisoner on 24th August, at Mr. Fisher's coffee-shop—he at the same time gave me this florin and pieces of a shilling—I searched the prisoner, and found on him two sixpences and fivepence in copper.

Prisoner. Q. What has been my character for honesty during the time you have known me? A. I have known you about two years; your character has been good as far as I know.

WILLIAM WEBSTER . This florin is bad, and these are the two halves of a had shilling.

Prisoner's Defence. I was in the employment of Messrs. Byrne and Heales, Haydon-street, Minories—I had 3s. a day, and had this shilling given me in my wages.

This is the first time I have been in trouble.

NOT GUILTY .

Reference Number: t18620922-940

940. JOSEPH PRIMMETT (28) , Stealing a watch, value 3l., the property of John Kellick Bathurst, from his person; to which he

PLEADED GUILTY Confined Nine Months.

Reference Number: t18620922-941

941. FREDERICK LOUEST (35) , Breaking and entering the warehouse of John Soulby, and stealing therein four albums, value 3l; also, breaking and entering the warehouse of Henry Knox and another, and stealing therein 19 shawls, value 17l., their property; to both of which he

PLEADED GUILTY .—( Edward Hancock, a detective officer, stated that there were several other cases of a similar nature against the prisoner; that five keys were taken from him, which had been tried and found to open the doors of eleven warehouses, at which robberies had been committed; and that in some cases persons had been dismissed from the firms in which they were employed, in consequence of suspicion having fallen upon them.)Five Years' Penal Servitude.

Reference Number: t18620922-942

942. MICHAEL MARTIN (22), was indicted for embezzlement.

MR. PATER conducted the Prosecution.

ALEXANDER TRAIL . I am cashier to the prosecutor, a wholesale cheese-monger, carrying on business in Seacoal-lane, Skinner-street, Snow-hill—the prisoner was a carman in his employ—it was his duty to deliver parcels to customers, to receive the money, and then to account to me on the same day or the morning following—on 26th August, I think, an order was received by me from a Mr. James Barratt, for some bacon—it was executed on 28th—the amount was 4l. 15s. 8d.—the prisoner received the bacon—I know that of my own knowledge—I did not see it in the van—I know he took it out of the shop for that purpose—the prisoner returned about 10 o'clock at night, I believe—there was nobody there then—he came the next day, about half-past 9 o'clock, and said he was sorry to say he had got drunk last night, and had either lost the money or been robbed of it; nothing else.

Cross-examined by MR. BESLEY. Q. Does Mr. Penson appear here to-day? A. No—he instructs in the prosecution of this case—he has got several solicitors—he sometimes employs Mr. Poole, in Bartholomew-close, and sometimes Messrs. Lovell—he gave the instructions to the prosecution himself—Mr. Penson did not go before the Magistrate; I went—I have been conducting this prosecution myself, under instructions—Mr. Penson prosecutes—I have not heard him say that he would not prosecute; that I swear—our head salesman engaged the prisoner, I think—I do not think Mr. Penson knew of his engagement—I do not know who made inquiries as to his previous character—1 believe he was at Mr. Morgan's, Snow-hill, for some time—he must have had a good character or we should not have engaged him—I knew nothing about his character, or did Mr. Penson—if he got back too late on the same night, he was to pay the money in on the following morning—I leave at half-past 7—he told me himself he was there at 10—on the morning, before taking the goods out, he paid me 28l. 7s. 3d., I believe—he paid me in money every day, when he had it—

he was in Mr. Penson's service four or five months, I think—I do not exactly recollect, but I do not think it was more than four months—he accounted counted honestly for every farthing while he wag there, as far as I know—I have nothing more against him—I have not examined the books; I do not think any one else has—I have not the slightest idea how much money I have received from the prisoner—the 28l. he paid me was an extraordinary amount—he came voluntarily to the place on the morning he told me the money was lost—he said he would stop and work it out, and pay the 4l. 15s. 8d. to Mr. Penson; and his mother said so too—I did not then hear Mr. Penson say that he did not wish to prosecute; that I will swear to—the prisoner also said it was too late to come to the office, and he took it home as usual; that after he had been home he went out again, having the money on his person; that he went into a public-house, in Liquorpond-street, got into the company of a female, and did not know whether he had been robbed or lost the money.

MR. PATER. Q. Do not you know that Mr. Warrant is the attorney for the prosecution? A. I do not know him by name—I instructed the Society for Protection against Swindlers to prosecute.

JAMES BARRATT . I am a grocer and cheesemonger, at 42, Robin Hood-lane, Poplar—I gave an order to the prosecutor on 26th August—I went and bought the goods there—goods amounting to 4l. 15s. 8d. were delivered by the prisoner to me on the 28th, about 7 in the evening—I paid him that sum—this (produced) is the receipt—it was signed by the prisoner in my presence—he was sober.

Cross-examined. Q. Can you tell me whether he was sober at 10 o'clock at night? A. No; he was when I saw him, about half-past 7 or 8—my place is four miles from the prosecutor's, I should think—I saw him returning by my house about 8, after I had paid him the money.

JOHN DAVEY (City-policeman, 252). I took the prisoner—I told him he was charged with making away with the money—he said he did not make away with it; that he lost it, or else a female whom he picked up robbed him.

Cross-examined. Q. Did he not say that he got drunk? A. Yes; after he came home—he told me where he lived—I went to the address, and found he lived there—I searched him, and only found a penny.

NOT GUILTY .

Reference Number: t18620922-943

943. JOSHUA PURVIS (18) , Stealing 36 metal collars, and 36 metal screws, the property of Charles Braun, his master; to which he

PLEADED GUILTY .— Confined Three Months.

OLD COURT.—Tuesday, September 23d, 1862.

PRESENT—Mr. RECORDER; Mr. Ald. ABBISS; and Mr. Ald. DAKIN.

Before Mr. Recorder.

Reference Number: t18620922-944

944. GEORGE COPELAND (24), was indicted for feloniously forging and uttering a request for the delivery of goods, with intent to defraud Richard Evans; also, for a like offence, with intent to defraud Robert Arnold Dalton and another; to both which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18620922-945

945. GEORGE RUST (32) , Feloniously forging and uttering an order for the payment of 48l. 13s., with intent to defraud.

MR. PATER conducted the Prosecution.

JOHN DAYMAN . I am an artificial florist, and live at 8, Eagle-street, City-road—the prisoner called on me on 30th August, about 4 in the after-noon—he said that a customer of his, of the name of Wyner, had given him an order for some goods, and if I could allow him something out of it, he would have them of me—he said he wanted 3,000 bunches of black beads, and seven dozen and a half of pearl beads, and it was to be a ready-money transaction—I agreed to allow him a farthing a bunch on the black beads, and a penny a bunch on the pearl—I packed up the goods, and went with him to the house of Mr. Wyner, in Pearson-street, Kingsland-road—the prisoner took in the goods—after some short time he came out and gave me this cheque for 48l. 13s., and 2l. in silver, saying, "Here is the money for them"—I gave him 2l. 4s. 6d. as his commission, and we parted—(The cheque purported to be drawn by Alexander Wyner, on the London and West-minster Bank, dated August 30th, 1862)—on 1st September I presented the cheque for payment, and found there was no account.

THOMAS TOMLINSON GILL . I am cashier at the Southwark branch of the London and Westminster Bank—on 1st September, this cheque was presented to me for payment by the prosecutor—there is no account at our bank in that name, nor ever was—I wrote on it "No account," and returned it to the prosecutor.

ALEXANDER WYNER . I am a wholesale milliner, at 9, Pearson-street, Kingland-road—I keep no account at the London and Westminster Bank I—this cheque is not signed by me—I did not authorise anybody to sign it for me.

JOHN MANBRIDGE (Policeman, N 145). On the 6th September, from information I received, I went to Hailsham, in Essex—I saw the prisoner in the street—I told him I was a police-constable, and that he was charged with forging a bill—I cautioned him in the usual way, that whatever he to me I should have to repeat again—I searched him at the station, and found 13l. 10s. 0 1/2 d.—on our way home to London, in the train, he said, "What do you think of this case? Do you think if the prosecutor follows it up shall get four years for it?"—in the cab from the railway to the police-station he made several other observations—when I first took him he said, "Is there anybody else taken for it?"—I said I was not aware that anybody else was wanted for it but himself—in the cab he said, "I did not write on the cheque, but I forged it to Mr. Dayman."

EDWARD BINGHAM . I live at 176, Goswell-street—I am a travelling-bag and portmanteau maker—I know the prisoner—I have seen him write—this cheque is his writing—I can swear to it—I saw him accept two bills in Whitecross-street—that was the only occasion that I saw him write.

Prisoner. I took the cheque at Mr. Wyner's, for a quantity of goods that I sold to a man named M'William, of Manchester, and I was told he would be here. They have only been paid for part of the goods. If I had been let out on bail I could have found the man. As for Dayman, a little time since went to Guildhall and falsely swore an affidavit against the Phoenix Fire Office for 131l., though he cannot claim a halfpenny; that is the second time he has done it, concerned with me. If the case was adjourned for a day or two I could explain it, and prove where I took the cheque.

ALEXANDER WYNER (re-examined). I have no person named M'William In my employ—I bought these goods myself of the prisoner, and paid him for them in gold and silver—I paid him 5l. 18s. 6d., and have his receipt

here in his own writing (producing it)—I know nothing about the cheque—the body of this receipt, I should say, is not the prisoner's writing—I saw him sign it.

Prisoner. You made out the receipt, and I signed it. Witness. Oh, no; none of it is in my writing.

GUILTY of uttering† —Four Years Penal Servitude.

The officer stated that other charges had been preferred against the prisoner.

Reference Number: t18620922-946

946. WILLIAM SHEARING (50), and GEORGE YOUNG(38) , Stealing 68 lbs. of worsted and cotton, value 12l., the property of Isaac Williams and another. Second Count, feloniously receiving the same.

MR. ORRIDGE conducted the Prosecution.

WILLIAM ROWLAND (City-policeman, 247). On the morning of 25th August, about half-past 8 o'clock, I was on Snow-hill with Chapman, another officer, and saw the two prisoners, both carrying parcels—they went up Snow-hill and King-street, into the Golden Ball public-house at the corner of Fox and Knot-court—Shearing came out, leaving Young inside—I went in and said to Young, "You brought a parcel in just now?"—he said, "I was employed to carry it, sir, by that man just gone out"—I then went out and followed Shearing down Fox and Knott-court—Chapman remained with Young—I said to Shearing, "You carried a parcel into that public-house just now, what does it contain?"—he said, "Berlin wool"—I said, "Where did you bring it from?"—he said, "From Mr. Paine's, 72, Queen-Street, Holborn"—I said, "Where are you going to take it to?"—he said, "To a Mr. Shearing's, No. 7, Horse Shoe-alley, Wilson-street, Finsbury"—I took him into the public-house, and took both prisoners to the station—I afterwards went to 7, Horse Shoe-alley—it is let out in tenements—there is no shop or manufactory there—it is a low neighbourhood, not a place where there is any weaving done—these (produced) are the parcels—the smaller parcel was found on Shearing, and Young had this sack full.

Cross-examined by MR. BEST. Q. They were carried openly through the street, were they not? A. Yes.

JOHN CHAPMAN (City-policeman, 241). I was with Rowland on this morning on Snow-hill, and saw the two prisoners, each carrying a bundle—they went into the Golden Ball—Shearing came out and went down Fox and Knott-yard—we then went in, and Rowland said to Young, "You brought a bundle in here?"—he said, "Yes; I was engaged to carry it by that man just gone out"—Roland then went out after Shearing—I asked Young where he was at the time the man engaged him to carry it—he said in Holborn—I said, "Where did he engage you to carry it to?"—he said, "To the Eastern Counties' Railway," for which he had been paid sixpence—Rowland then came in with Shearing—Shearing said it was his property; that he was going to take it to his master, at No. 7, Horse Shoe-alley, Wilson-street, Finsbury, to work it up; that he was a weaver—on taking the prisoned to the station they both said that they were standing in Holborn, opposite Day and Martin's, and that a man and boy came to them, and engaged them to carry it towards the Eastern Counties' Railway—I searched the prisoners—I found 1s. 3 1/2 d. on Shearing, and no money on Young.

ISAAC WILLIAMS . I am one of the firm of Davis, Williams, and Co., army lace makers, in St Martin's-lane—I have looked at this worsted (produced)—it is similar to what we are in the habit of using, and to what we have missed from our warehouse—this bag does not belong to us—this parcel, found on Shearing, corresponds with some that we missed of a similar nature

—I know it from its being of a particular spin, and it is a size that is very uncommon in London—it is spun specially to order, and the machinery is arranged on purpose for it—we make all the cavalry lace—this is intended to be manufactured into the cord for cavalry jackets—we have made all the cord used for their jackets for the last three or four years—the policeman came to us on the Monday evening, and next morning I examined our stock, and missed a large quantity of worsted—I missed this particular bundle, as it was the only bundle of tens left of our India stock—the value of the whole is nearly 15l.

Cross-examined. Q. Where is this particular worsted manufactured? A. It is spun near Godalming, and comes to us by railway—similar kind of cord is used by the artillery and volunteers—we do not supply all the volunteers, but that is made differently—it is not dyed now—other persons may have this kind of material in an undyed state—this is dyed expressly for the cavalry, the hussars, and dragoons—the cord for the Indian regiments in dressed in the same way—we supply all her Majesty's regular corps—the Indian regiments wear the same dress as her Majesty's—I might venture to my that no one but ourselves uses this colour—I have asked the two principal dyers in London, and I have never seen it—I have also asked persons in the country.

MATTHEW KELLY . I am foreman to Messrs. Davis—I recognise this worsted.

Cross-examined. Q. You agree with your master, I suppose? A. Yes; it is precisely similar to the worsted we have left—I had seen this particular parcel in the place about a week before it was missed.

EDWARD BELL . I am errand-boy to Mr. Jones, of White Hart-court, Castle-street, Leicester-square—that is at the back of Messrs. Davis's premises—on Monday, 25th August, I saw both the prisoners in the court, about twenty minutes to 8 in the morning—Young was carrying a sack like this—it was full—I believe Shearing had something, but the window was rather too high for me to describe what—I think it was a smaller bundle—I believe it to be the one produced—I had seen the prisoners in the court about five days before, and I recognised them again—they walked out of the court—they were coming away from Messrs. Davis's.

Cross-examined. Q. When were you spoken to about this? A. A fort-night afterwards by two officers in private clothes—they asked me whether I remembered anything on Monday fortnight, and of course I told them—they took me over to the shop, and I told the same there—they asked me if I should know the two men—they afterwards came and said they had two men in custody, and they would take me to see them—they did so; and I saw the prisoners.

COURT. Q. When did you see them? A. At the police-court—the constable took me down into the cell—they first brought out one and then the other—they were not mixed with other persons—I am sure they are the men..

GUILTY .— Confined Twelve Months each.

Reference Number: t18620922-947

947. WILLIAM ALFRED SEWELL, alias Wilfred Brougham (23) , Unlawfully obtaining 48l. 7s. the property of Roger Eykyn, by false pretences; also, the sum of 80l. the property of John Edward Cole, by false pretences; to both which he

PLEADED GUILTY .— Confined Twelve Months.

There was another indictment against the prisoner for forgery, upon which no evidence was offered.

Reference Number: t18620922-948

948. CHARLES SIBLEY (20) , Burglariously breaking and enteringthe dwelling-house of Sarah Isaacs with intent to steal, having been before convicted at Clerken well on 3d June, 1861; to which he

PLEADED GUILTY.— Four Years' Penal Servitude.

Reference Number: t18620922-949

949. CHARLES EDWARD PENDRY (35) , Feloniously forging and uttering a bill of exchange for 34l. 3s. with intent to defraud, having been before convicted at this Court on 5th April, 1858, to which he

PLEADED GUILTY .— Four Years' Penal Servitude.

Reference Number: t18620922-950

950. JOHN WEBB (32) , Stealing a gelding, value 20l. the property of Richard Skeeles.

RICHARD SKEELES . I am a harness-maker, of Park Cottages, Old Ford, Hackney-wick—on 12th September, about 6 in the morning, as I was dressing, I heard one of my horses call out as it was coming along the road—I looked out and saw a chestnut gelding being led by the prisoner—it was my gelding—I asked the prisoner where he was going to with it—he said he was going to put it on the Marsh—he was coming from the Marsh—it had been on the Marsh for some weeks past, and I had seen it there two days previous—I asked the prisoner to wait a minute—I ran downstairs half dressed, took him by the collar and said, "What are you going to do with this horse?"—he appeared quite confused—I said, "You had better wait a moment or two and we will have this matter settled respectably; I have lost one before"—I gave him in charge to a constable—I observed that the prisoner's boots were wet as if he had just come out of the grass, and there were short pieces of grass upon them—I valued the horse at 20l.

WILLIAM STACEY (Policeman, N 191). The prisoner was given into my custody by the last witness—I asked where he got the horse from—he said he picked it up opposite the White Lion at Hackney-wick—I asked him where he lived and what he had been employed at—he said he had no employment, that he had been some time knocking about in Kingston and some time at Bristol—I asked him where he was last night—he said at a coffee-shop in Shoreditch; that he called for a cup of coffee and remained till daylight—that he then took a walk across the park, and in coming out of the park gates he saw the hone and picked it up, and was going to take it to the Marsh, but he supposed he took the wrong turning—I asked who put the halter on it—he said he knew nothing about the halter.

Prisoner's Defence. I picked the hone up down Wick-lane; I was coming across the Park, and saw the horse coming down Wick-lane from the Marsh; I caught hold of it, thinking it had got away from some one, and was taking it towards the Marsh; when I came to the prosecutor's window the horse neighed, and the gentleman came to the window and asked where I got it, which I told him.

GUILTY .— Confined Twelve Months.

NEW COURT.—Tuesday, September, 23d, 1862.

PRESENT—Mr. Ald. ROSE; Mr. Ald. DAKIN; Mr. Ald. GIBBONS; and Mr.

COMMON SERJEANT.

Before Mr. Common Serjeant.

Reference Number: t18620922-951

951. GEORGE EDWARD BROWN (22) , Stealing 14 shirts, and 14 engraved prints, 120 pictures, and other articles, the property of Charles Meeking and another, his masters; to which he

PLEADED GUILTY .— Three Years Penal Servitude.

Reference Number: t18620922-952

952. JACKSON IRELAND (24) , Stealing 30l. 10s., the property of John Holt, his master; to which he

PLEADED GUILTY .— Confined Eighteen Months

Reference Number: t18620922-953

953. GEORGE STEER (23) , Burglariously breaking and entering the warehouse of John Philip Fisenden, and stealing therein 46 cigars and 230 postage stamps his property; to which he

PLEADED GUILTY .**†— Three Years Penal Servitude.

Reference Number: t18620922-954

954. ANDREW GRAY , was indicted for a libel.

He pleaded NOT GUILTY, and also handed in a special plea. MR. METCALFE (with whom was MR. BESLEY), for the Prosecution, objected to the reception of the special plea, it not being on parchment, and there being no formal heading to it. MR. GIFFARD, for the prisoner, contended that when inserted in the Record it would become formal, and the Record would be the formal heading to it. THE COURT considered that as the prisoner could read the plea instead of giving it in, it could not be excluded, but the question could afterwards be raised upon demurrer if it became necessary.

ROBERT PALMER . I live at 3, Park-village, East, and am printer and sub-editor of the Weekly Times newspaper—I was so in June last—I produce the manuscript of a paragraph handed to me for insertion; it is signed by Mr. Gray, with his address; he brought it to me himself and said, "You will find this is a very extraordinary case, and I believe it to be true; I have made myself acquainted with the facts"—I said, "I will look to it"—and he left—I do not know whether he said that it would make a sensation, but he said that it was a very extraordinary affair—I was afterwards directed to give up the name—I have known Mr. Gray some years as a reporter at the Greenwich Police-court, and at inquests—I have frequently inserted copy from Mr. Gray before—if this had been brought to me by a stranger I very likely should not have inserted it, but I have uniformly inserted reports when he brought them—I should say that his statement influenced me in accepting the copy.

Cross-examined by MR. GIFFARD. Q. You have always known Mr. Gray as a very respectable person, I believe? A. Always.

MR. METCALFE. Q. Did you alter it at all? A. A good deal in various places, and I altered the heading of it; it stood first, "Allegation of murder against a gentleman," and I struck out "Allegation," and put "Alleged"—I also struck out, "Mr. Phillips gave strict orders that if any attempt at exhumation was made it should be immediately suppressed"—that matter was published in the Weekly Times the following week; this is it (produced)—this article was copied into the paper from this manuscript—I know the copy, and I know that it was printed at my office—I printed it for sale and published it.

THOMAS LYON . I am clerk to Potter and Son, solicitors to this prosecution—on 9th June, I bought this copy of the Weekly Times for a penny, at a newsvendor's in the City-road—I marked it.

Cross-examined. Q. What is the newsvendor's name? A. I do not know; bought it over the counter; I took it out of the rack myself.

HENRY RICHARD PHILLIPS . I am the prosecutor, and am a horse dealer in a very extensive way of business both in Yorkshire and abroad—my wife died in February—the first I heard of the inquest was through reading the article in the Weekly Times, brought to me by my landlord on the Saturday night of its publication—the order for the exhumation of the body was contained

in that article, and the inquest was about a fortnight afterwards—there were two adjournments before the Coroner—I had an attendant who was with my wife during the whole of her illness, four years, and four doctors, two of whom made a post-mortem examination, and it was ascertained and proved before the Coroner that no poison had been administered—I have seen several copies of this paper in London, and have seen this copied into innumerable Yorkshire papers, the effect of which was, that I was continually pointed at, and crowds surrounded my house.

Cross-examined. Q. Was your mother-in-law examined before the Coroner? A. Yes; and her evidence was that I had poisoned my wife. (MR. METCALFE objected to this evidence, and contended that the Coroner's deposition ought to be put in. MR. GIFFARD submitted that as the witness had already stated something which took place at the Inquest, he had a right to ask for the rest; and further, that as it was only the Coroner's duty to take depositions where a prisoner was committed, which was not the case here, there could be no better evidence than the oral evidence of the witness. (See 7 Geo. IV. c. 64.) THE COURT admitted the evidence.

MR. GIFFARD. Q. Where you present when Mrs. Diana Little was examined? A. Yes; she had not accused me to my face before the Inquest;—I never saw her but at the time of my wife's confinement she was there; the had not been in the house for three years previously; I had excluded her by order of the doctor; she had complained of gross misconduct on my part towards my wife.

MR. METCALFE. Q. Such misconduct as is implied by this article? A. Yes; that I murdered my wife, in fact.

MR. GIFFARD. Q. Did you find out afterwards that before this article was published she had applied to the police? A. Yes, she had—I do not know that she had applied to no less than three Coroners—I know that, ultimately, she got an order for the exhumation of the body from Mr. Humphreys, the Coroner, in consequence of which the inquest was held—I think the order was acted on at the Kensal-green Cemetery, in about a fortnight—I did not take care to have some person attending on my behalf, but there was a doctor attending—I do not know who he was, or who performed the analysis—I had no one to look after my interests when the stomach was being analyzed—I received from the article in the newspaper the first intimation of that order, and went down to Mr. Humphrey's office and found out that it was true, though I could not succeed in finding him—I then took measures to get evidence and procure counsel—all the witnesses were summoned on the inquest, and examined, to throw a light on the subject—I received no summons to attend the inquest, nor any notice from the Coroner to attend, but if I had not seen it in the newspaper I suppose my solicitor would have taken me there—my mother-in-law was sworn before the Coroner—I was present when it was suggested that my wife had stated that she had been poisoned by me, and I had medical men to prove that this is not an uncommon delusion with women suffering from puerperal fever as she was—there was a scene of considerable violence at my house in consequence of my mother-in-law's conduct—my wife died on the Saturday, and was buried on the following Wednesday; we buried her a day sooner to prevent any confusion from Mrs. Little's interference; I dreaded a scene from that violent woman, and I did it to prevent scandal—I had everything ready, and the undertaker said that it would be advisable—Mrs. Little was very persistent in this matter, and went to Sir Richard Mayne, among other persons.

MR. METCALFE. Q. Do you know what was the result of her going to

the police? A. The detectives made inquiries, and among others of Miss Little, who said that there was no truth in her mother's accusation—she made application to other solicitors, who would not have anything to do with her case—I was informed that she went to Mr. Bedford, the Coroner, who refused to have any inquiries made by the beadle of the parish—she not to Mr. Brent, the Coroner, and he also refused—all this was going on during March, April, and May—I never objected to an inquest in the first instance—all this was before this paper was published—Mrs. Little is most awfully violent; she used to take a carving-knife about with her—Mr. Gray, or any stranger, would be satisfied from her conversation that she is a very violent woman—I do not know whether the burial was on Thursday, the 20th; it was fixed for one day, and we had it the day before—the first I hard about the other Mrs. Phillips was when it was suggested in this paper—I did not hear it at the inquest, nor did I ever hear it from Mrs. Little—it was not suggested by my wife—my wife was not jealous in the slightest degree—Mrs. Phillips is here; she is a highly respectable lady—Mr. Gray made no inquiries of me; I never saw him.

(The libel alleged that the prosecutor had murdered hit wife by pouring poison into her mouth as she lay in bed, eight days after her confinement; it also charged him with committing adultery with Jemima Phillips.)

MR. GIFFARD contended that there teas no evidence to show that the defendant knew the libel to be false. MR. METCALFE submitted that the word "false" could be struck out of the indictment, as it meant nothing; that the defendant had pleaded a special plea, that what he had published was for the public benefit which was a question for the Jury. THE COURT considered that it was not necessary to prove that the defendant knew the libel to be false.

GUILTY .— Fined 50l.

OLD COURT.—Wednesday, September 24th, 1862.

PRESENT—The Right Hon. the LORD MAYOR; Mr. JUSTICE BYLES;

Mr. Ald. GABRIEL; Mr. Ald. ABBISS; and Mr. COMMON SERJEANT.

Before Mr. Justice Byles.

Reference Number: t18620922-955

955. CHARLES FRANCIS COTIER (48), was indicted for the wilful murder of Elizabeth Carley. Second Count, stating the name of the deceased to be Elizabeth Cotier. He was also charged on the Coroner's Inquisition with the manslaughter of the same person.

MESSRS. SLEIGH and LEWIS conducted the Prosecution.

SUSAN SPINKS . I am the wife of Thomas Spinks, and reside at the prisoner's house, 42, Warren-street, Fitzroy-square—on the evening of 8th August, between 6 o'clock and half-past, I heard a noise in the passage downstairs—I was at the top of the house—I went down, and saw Mr. and Mrs. Cotier fighting together—she said she wanted to go out, and he said she should not—he had hold of her by the hair, and they both fell—she fell underneath the prisoner, and her head came against one of the stairs, and she said, "Oh!"—she fell very heavily—I begged of the prisoner to leave her alone, which ho did, and I got her downstairs in the kitchen—after that she went out and came back again about half-past 12, or from that to 1, that night—I heard cries of "Murder" two or three times; it was her voice—there was a great noise in the room, but we did not go down—they lived on the first-floor front room, and we lived at the top of, the house, the third-floor—I was on the landing when I heard this noise—it continued about half an hour, or it might be a little longer, I could not say

exactly; it ceased after some time—next morning I went down about half-past 6—I saw the prisoner, and he called me into his room, and said, "Come in; I am afraid my wife is no more; this is the cursed drink"—I felt her face—she was on the sofa when I saw her, undressed—she had an old quilt on her; that was all—I felt her face, and she was getting cold—there was a lot of her hair about the place—I collected it and pat it in the fireplace—the right side of her face was very much bruised, and on that side the hair was all off—there was also a bruise on the other side—I looked at the floor; there were marks as though some one had been lying there.

Cross-examined by MR. RIBTON. Q. Did you know the deceased for some time? A. No; I had only been living in the house a little better than a month—she was given to drinking—there were days when she was sober—I have seen her a couple of days sober, and very comfortable with him—when sober she was quiet and comfortable with him; but when drunk, very quarrelsome—I saw her three or four times on that day before 6—I saw her three times in the afternoon, come with a crowd of boys—I saw her first, I think, about 4 o'clock—she was drunk then, or very much excited, I cannot say which—she evidently had been drinking—I saw her several times between that and 6—when the prisoner was trying to prevent her going out he tore her clothes off her back, and said, "You b—h, you sha'n't go out any more"—at the time the fall occurred on the stairs, he was trying to prevent her from going out—that was not half an hour before he made use of the words I have mentioned—at the time the fall occurred he was actually trying by force to prevent her from going out—she fought with him—she was a tall, powerful woman—I can't say exactly whether she struck him, but they were both struggling together—she was exerting all her force to get out—they both fell on the stain—she had no bonnet and shawl on then—after she got her clothes tucked up, she went out into the street—I saw her take the roller of a blind and count "one, two, three," and Harry, the younger son, about fourteen, I think, came and took it away from her—she challenged the prisoner repeatedly to come out in the street and fight—she went away without her cloak and bonnet, and took a cab—I saw her go away—her hair was hanging about her head—I followed her—she was without a shawl or a bonnet—the little boys in the street followed, hallooing after her—she took a cab from a public-house opposite Trinity Church—I saw her get into the cab and drive away—I then lost slight of her—before she got into the cab one or two cabmen refused to take her—the next I saw or heard of her was at 12 o'clock at night—I cannot say whether she was in the habit sometimes of sleeping on the floor—when the prisoner came to me at half-past 6, he said that she preferred lying on the floor, and he always let her lie on the floor when she had been drinking—I gave evidence before the Coroner.

FRANCES MCARTHUR . I am a widow, and live at 53, Marylebone-lane—I was acquainted with the deceased—on the evening of 6th August, from twenty minutes to half-past 10, she came to my house, and I returned home with her at a little past 11—the prisoner was not in then—I first saw him while I was down in the kitchen with Mrs. Cotier—it was some time after I went upstairs that I saw him first—he never spoke to his wife at all—she was sitting in the chair by the side of the bed, and the moment I told him she had got money about her, he took her by the hair of her head and flung her violently on the floor; he put his foot on her clothes and began to tear them—she cried out "Murder!" of course—the prisoner had been at my house about a fortnight before this occurrence—his wife had been to my house for shelter several times before that—I told him that she had been—he said that

I had no business to encourage her at my house, and asked why I did not kick her out—I said how could I do that when she had three broken ribs—he said that he had done it, and he would break three more before he had done with her.

Cross-examined. Q. He had frequently, I believe, requested you not to allow her into your house? A. He told me that once, not to have her there—I had never seen him till the time he came in that evening—he had not frequently within the last six months desired me not to harbour her in my house, only that once; I swear that—he said he wanted her to keep at home, and I was not to encourage her there—I told him I did not encourage her there—she came to my house once now and then with him, and had supper and tea there—I had not been in the habit of drinking with her, not out of doors, but in my place we might have taken a glass of spirits or so, in doors, within the last fortnight, not more than one glass—or I should not be capable of doing my work—I might have had more than one glass of spirits, not more than two at a time—now and again she might send for a glass of spirits when she came, but not frequently—I never drank more than two gasses with her on more than two occasions—about nineteen or twenty years ago, I was falsely imprisoned—I never committed any crime—I had three months at Clerkenwell—I was accused of taking a pair of boots; I did not do so—I was tried at Clerkenwell and sent to prison—the first time I saw the deceased on 8th August was at half-past 10 in the evening, when she came to my place—she might have been drinking, but was not drunk—I never saw her more collected than she was then—she had got on an old bonnet and shawl; it was not her own, it belonged to some woman, a lodger in her kitchen—she said she had borrowed it of her—she stopped in the shop several minutes showing me what the prisoner had done to her—I had nothing to drink with her then—I had nothing to drink with her that day—I work at my trade as a shoemaker, the same as a man—I repair boots and shoes—when the deceased went home she went into the kitchen—the prisoner was not there—he came downstairs in about half an hour and called to her—she did not want to go out again—she took a seat on a chair by the side of the bed—and I took off her bonnet and shawl—the prisoner did not desire me to leave the place—he did not give me any chance of speaking—he said nothing about my being with her—I told him I had been, and he commenced ill-using me, and struck me violently on the shoulder—he did not try to turn me out of the house—I was examined before the Coroner—I have not since then given my evidence to any attorney, nor been examined by one—I have frequently seen Mrs. Cotier drunk.

ELIZA HUDSON SOUTHGATE . My husband's name is George Southgate—I life at 30, Warren-street, very nearly opposite the prisoner's house—on the night of Friday, 8th August, about a quarter to 12, I was in the shop and beard screams of "Murder"—they appeared to come from the first-floor front of Cotier's house—I stood at the door some time and heard the screams of "Murder" and "Help," and then I heard like a blow, which I took to come from Mr. Cotier, and heard him say, "Hallo again if you can"—I did not hear the screams of "Murder" again after that, but I heard her cry, and as if another blow and something fall on the floor or up against something very violently; then I knocked at the door—I saw a man's arm, which I knew to be Mr. Cotier's, up, and it went down as if he struck—I was then at the street door—the blind was down, but the window was up and there was gas in the room—I heard the expression, "Hollo again if you can" when I heard the cries of "Murder," and before I saw the firm up,

and I then went across and knocked at the door—Mr. Cotier opened the window and halloed out, "Who knocked at my door?"—I heard Mrs. Cotier crying; her sobs were dreadful, and she called for Harry to come to her, and then I could hear her sobs; they seemed gradually to turn off more to a groan, and then he closed the window down and everything was silent soon after—the gas went out before I went in—I went in and looked up at the window and saw that the gas was re-lighted—I did not see or hear any more that night.

Cross-examined. Q. You say you saw a man's arm up? A. Yes; on the blind I could see the shadow of a man's arm—I could tell by the shape of his arm and the coat sleeve; it looked like a man's arm, and the voice was the voice of Mr. Cotier—it was a coat sleeve; it looked like a coat sleeve—the blind was not quite closed; the sides were apart—it was the shadow on the blind that I saw—I am not able to say that his coat was on—I have said before to-day that it was the shadow of a man's arm that I saw, and I believe I said that it went down as if striking a blow—I believe I said so at the police-court—(The witness's deposition before the Magistrate and the Coroner being read did not contain those words)—I believe they asked me at the police-court, how I knew it was the shadow of a man.

JOHN WALLIS MASON . I am a surgeon, of 45, Upper Marylebone-street—I was called in to look at the dead body of Mrs. Cotier—I had attended her before that—the first time I was called in it was for delirium tremens, and more recently I attended her for fractured ribs—it was in May last that I attended her for delirium tremens—when I was called in on this occasion she appeared to have been dead about an hour—it was about 7 in the morning—I made a post-mortem examination—the body was generally contused particularly on the left side, on the legs and arm, and there were one or two patches of lividity on the face, and one on the right side of the right eye—the left eye was also considerably contused, and there was swelling of the left cheek—the scalp was contused in one or two places on the left side from behind the ear at the back portion of the head—it was a place about two and a half inches in length, and an inch in breadth—on opening the head, between the membranes of the brain and the skull, there was a large quantity of clotted blood covering both hemispheres of the brain; the brain itself was softened for about an inch in extent on both hemispheres—the vessels generally were healthy, with the exception of one portion of the superior longitudinal sinus, one large venous trunk corresponding with the softened portion of brain substance—the cause of death was extravasation of blood on the surface of the brain; that might arise from a blow or from a fall.

Cross-examined. Q. Might the extravasation have been caused if she had received a fall the evening before? A. The blood might cause very gently from the wounded vessel, and it might be some hours before death ensued—it might have happened from a fall on the evening of the previous day—if she had been drinking after that fall that would have a tendency to render it more certainly fatal.

COURT. Q. Might the softening of the brain go on for a great number of years without causing death? A. It may do so—the softening of the brain substance itself corresponded with the condition of the vessel in the brain where the injury was, which was the cause of death—there was a little slit in the softened vessel of the brain, from which the blood oozed, and that corresponded with the softened portion of the brain substance—a person in that condition of softened brain would be more likely to be seriously affected by a blow than a person in sound health.

JAMES CARLEY . I am a tailor, residing in King's-road, Chelsea—the deceased was my sister—she was living with the prisoner for some years past, not being married to him—I saw her body on Saturday morning—I have some hair which I got from the son of the deceased—it is like my sister's hair.

Cross-examined. Q. Recently, I believe, she came into the possession of some money? A. She did—she received the greatest portion of it—not in small instalments that I aware of—I understood that she received the whole of it—I do not know of my own knowledge how she received it—on the Wednesday following her decease she was to have received another smaller sum than what she had received—I do not know how much her share would have been—after the inquest before the Coroner, this matter was investigated before the Magistrate—I retained counsel in the first onset, before any proceedings were taken.

WILLIAM FRANKLIN (Police-sergeant, E 20). I took the prisoner into custody—I was in plain clothes at the time—I said, "I am a sergeant of police; I shall take you into custody for the murder of that woman," pointing to the coffin that was then in the room—that was at 8 o'clock on the evening of Monday, the 11th—the prisoner said, "This is spite got up against me about some money transactions"—I said, "I have nothing to do with that; you will have to go with me to the police-station"—on the way to the station he said, "All I done to her was to prevent her going out; and the first time I tore her dress nearly off of her; she came back again, and the second time I tore the dress entirely off; it was only to prevent her going out."

Cross-examined. Q. The prisoner kept a small furniture or broker's shop, I believe? A. I believe it was—I never was in there—it was shut up—I knew nothing about them previous to this.

Witnesses for the Defence.

WILLIAM HENRY COTIER . I am the son of the prisoner and the deceased—I am sixteen years old—the deceased was very often in the habit of getting intoxicated—she worked at Mr. Halstead's, a tailor's, in Woodstock-street, Oxford-street—that was before she had the money—she did not work there afterwards; she left—when she came home drunk she would come upstairs, throw herself on the floor, and hallo, and kick, and scream "Murder"—when the was in that state we used to carry her up to bed or else she would never go up—we put her on the bed and tried to undress her, but we could not—she would never sleep in my father's bed when she was drunk—she slept in the other room, the sitting-room, on a bed there—she was in the habit of lying on the floor—she was a tall woman—when she got tipsy she was very noisy—it was more than one person could do to manage her—I remember Friday, 8th August—my mother went out about 11 that morning to go to my aunt's—she came back about a quarter to 3—she had had a good deal to drink then, and she had two quarterns of gin and some stout when she came home—she remained indoors about an hour—she then put on her bonnet and shawl to go out; my father tried to prevent her; she was determined to go and she abused my father—this was about 4 o'clock—my father took off her bonnet and shawl to keep her from going out, but she went out after all and went outside the shop door—she pulled down all the things that stood at the door and threw them about—she took up a blind roller and was going to break a window in the shop front—I went outside and took it out of her band to keep her from breaking the window—she began sparring and wanting my father to come out and fight—my father did nothing—he did not go out to her—he tried to get her in, and asked her to come in,

but she would not—she went in at the private door and got her shawl off the table—my father heard of it and he went to the private door and tried to keep her in—he did keep her in a little time, but she was determined to go out—he took the shawl away from her—she afterwards went out without her shawl or bonnet, and walked up and down the street, and had a mob of people all round her—she kept saying to my father, "Come out, and I will fight you," sparring up at him—she then went down the street, and at last she got a lot of boys to go and fetch a cab; she got two or three cabs and they would not take her—I saw her at last get into one; after that my father told me to go out and look for her—I did so, but could not find her—I looked for her everywhere at every public-house, but she would not go anywhere where she thought we should go to look after her—I came in that evening about half-past 12—my father came down and let me in—I saw my mother then upstairs lying on the floor, just as she would throw herself down; she was asleep and snoring—there was a sheet and a quilt over her, and a pillow under her head—I and my father then went to bed—about 6 o'clock in the morning my father got out of bed and went to my mother; he asked her how she was this morning—he could not get an answer, and he came and called me up directly, and said, "There is something the matter with your mother"—I looked at her, and he said to me, "Go and fetch the doctor directly"—I went to Mr. Mason's—I could not get an answer the first time—when I went again the assistant opened the door to me, and he said he would tell Mr. Mason and he should come directly—when I came back I found Mr. Phillips, the blacksmith opposite, there, and the lodgers upstairs as well—my uncle was not there then—my father went down to my aunt's to tell her my mother was dead—she came up, and afterwards fetched my uncle—my uncle did not say anything to me; I did not see him till after that—there was some hair under the grate—I gave it to my uncle; he asked me to fetch it—my mother used to comb her hair in that room every morning—it was the same hair that I found under the grate.

Cross-examined by MR. LEWIS. Q. Did you see your mother after she was dead? A. Yes—I did not see that one side of her head was bare; I did not notice it at all—she had a middling head of hair; she used to comb such a deal out of her head of a morning—I went out to look after my mother from 6 to half-past, and I was out from that time to half-past 12 before I returned.

MR. RIBTON. Q. All that time were you looking about for her? A. I was looking at every public-house for her.

JAMES RAVEN . I keep a beer-shop at the corner of Cirencester-place, Carburton-street, near Fitzroy-square—I know Warren-street; my place is not three minutes' walk from there—from 5 to half-past, on 8th August, a cab came up to my door with a female without any bonnet, and her hair hanging all about her face—she offered the cabman some money; I cannot say what it was—he would not take it—some persons pointed for him to go up Cirencester-place, that was in the direction of Warren-street—he proceeded to go there—as soon as he had turned round the corner, and got about a dozen yards, she opened the door and went out head first on to the stones on her head—she got up—the cab was then going at three or four miles an hour; it had just started—the cabman did not know that she had got out; he went on—she was not half a minute on the ground—I rather think she came out on the right side—I know she came out on the right side, but she wheeled round, so that I could not exactly say—she got out at

the right side of the cab, the off-door—I rather think she fell on the back of her head—I am perfectly sure of it—I cannot say that she did full on the back of the head—I am perfectly sure she opened the door and fell out—I cannot swear on what part of her head she fell—I saw her walk away—I believe she went to the Colosseum Hotel; I saw her walk in that direction—I did not see her in the house; I lost sight of her—the reports in the paper drew my attention to this matter—I knew nothing of any of the parties.

COURT. Q. Did you ever see that woman before or since? A. Not at any time that I know of.

EDWARD BURCHELL . I am a labouring man, and live at 31, Cirencester-place—I recollect in August last seeing a cab come up with a woman in it, between 5 and 6 o'clock—I cannot recollect the day of the month; I think it was the 8th, to the best of my recollection—she was coming as though she had come from Cleveland-street, Carburton-street—I know where Warren-street is—I cannot say she was coming from that direction—I saw her offer the cabman some money; he refused to take it, and the cab turned to the right, up Cirencester-place, and did not get but a little way up when she by some means opened the door and pitched right out; it was a great mercy she had not killed herself—the kerb lies high—she seemed to get up herself—she crossed the road and went towards Portland-road, and I lost sight of her—I did not take particular notice of her dress; she had no bonnet, shawl, or cap on—her hair was all about her face.

Cross-examined. Q. When was your attention first called to this piece of evidence you are now giving; did you speak to any one about it or any one to you? A. Young Cotier the son spoke to me; he asked me if I knew anything about it—that was after the examination before the Coroner and the Magistrate—I cannot say when it was; it was some time ago—I expected the examination before the Magistrate would go on—he asked me if I saw it, and asked me to come and give evidence before the Magistrate—I did not go—he did not take me to anybody to have my evidence taken down—my evidence has been taken down; I cannot say when that was—it was longer ago than two or three days—I say this transaction occurred on 8th August, to the best of my recollection—young Cotier never asked me when it was—he asked me if I saw a woman fall out of a cab—I have not sworn it was the deceased that if I out of the cab—I saw a woman fell out of a cab—I did not know Mrs. Cotier.

MR. RIBTON. Q. How long after you saw the woman fall out of the cab was it that young Cotier came to you? A. I can't say—it might be a fortnight or three weeks—it might be a week—I don't know when the examination took place before the Magistrate—it was after that.

CHARLES FRANCIS COTIER . I am the prisoner's eldest son—I recollect going to the last witness—that was after my father had been before the Magistrate the first time—it was before the examination before the Magistrate was finished—I went to him to make inquiries in consequence of something that I had heard from other parties.

WILLIAM ANDREWS (Policeman, D 180). I was on duty at the Marylebone Police-court on 8th August—I saw a female driving in a cab outside the station door; some boys were halloing after her—she was very drunk—her dress seemed very much deranged, her hair was all hanging down, and she had no bonnet or shawl on—I did not hear anything about her having fallen out before that—the cab drove away with her up Marylebone-lane.

CHARLES WHITEHEAD . I am a smith, at 25, Barrett's-court—I knew the

deceased perfectly well—I saw her on Friday, 8th August, about 10 o'clock at night, as near as possible, at the Pontefract Castle public-house, Edward-street—she was in a state of regular stupor from drink; she could hardly stand—she asked me to have something to drink—I refused at first—I wanted to get rid of her, as she was so drunk—she urgently requested we should have something to drink, and she put a shilling into another man's hand to pay for a quartern of gin, of which she received one-third—I advised her to go home—she said she had been at home that evening at 6 o'clock—she had on a bonnet and shawl—she said Charles wished to keep her in, and he took away her bonnet and shawl, but she would not stop in; that she would come out—she showed me a purse three parts full of silver, stating that she had something else better at the other side of it—she went away directly afterwards in the direction of John's-court, Marylebone-lane—Mrs. McArthur lives in Marylebone-lane—I did not see her that day—I knew her perfectly well.

JOHN SAMUEL GILLESPIE . I am a hair-dresser, and an artist in hair—I was one of the Coroner's jury—there was some hair produced on the inquest by the prosecution—I examined it—I am convinced that hair was never pulled out by violence, and I am sure that it came from the head by the process of combing—I made that statement at the time.

Cross-examined. Q. Why do you arrive at that conclusion? A. From the appearance of the hair, in which I have had great experience—I have been called upon to work on that kind of hair for many years—it presented the appearance precisely that all hair does present when it is combed out of the head—I have never compared hair pulled out with hair combed out, but I have seen a vast deal of hair that has been combed off, and it always presents precisely the appearance which this did.

PATRICK HAROLD . I live at 42, Warren-street, in the same house as the prisoner—I am married, and live in the kitchen—I knew the deceased—I recollect her coming home on the night of 8th August, in company with Mrs. McArthur—she was, if I may use the expression, "genteelly drunk"—she was drunk, but not very drunk—they both came into the kitchen—Cotier was out at that time—he came in, and came downstairs—he looked round, and saw Mrs. McArthur, and said, "What! you here; my wife never got to be drunk, but you have been the instigation of kidnapping and keeping her away from home; you have actually robbed her every time she has been in your company"—he told her if she did not go out of the house he would kick her upstairs—the prisoner did not seize the deceased woman by the hair and throw her on the floor—I am sure of that—I was there the whole time that Mrs. McArthur was—I sat on the bedside during the time he tore the deceased's clothes off—I saw Mrs. McArhur leave—after she left, Cotier asked the deceased to come upstairs with him, which she did, and she laid hold of the collar of his coat, and said, in a very wild way, "I will go with you; even if you go to the gallows, I will go with you."

Cross-examined. Q. You say you saw him tear her clothes off; did you also see him throw her down? A. No; they both fell together—she did not fall in the kitchen—she fell from off her chair on to the kitchen floor—he pulled the clothes off her, and she fell from the chair—he did not throw her on the floor.

COURT. Q. Just attend; is this your handwriting? (handing him the depositions). A. Yes—I can read writing—(this being read, stated that he laid hold of her clothes, and pulled them of her, and threw her on the floor)—she fell from the chair on to the floor—it is the same thing.

MR. RIBTON. Q. Is the deposition correct? A. So far as this, that she fell from the chair—he laid hold of the bottom part of her garments, and, naturally, she went backwards on the floor—he was in the act of pulling her clothes off, and she fell on her back, and her head came in contact heavily with the floor—I had been living in the house about three months—the deceased had been frequently drunk—when she wan drunk she frequently cried murder—I was not three days in the house before I heard her call out murder—as soon as ever she was spoken to the would cry out murder, and tell him to be b—d.

ELLEN REEVES . I lived in the same house as the prisoner and the deceased—I know her to have been frequently drunk latterly—when drunk I have often heard her cry out murder; on many occasions; and she was in the habit of thumping on the floor and crying murder—I have known her do so when I and my sister only were there, and when the prisoner has been out at the time.

MR. J.W. MASON (re-examined). From my examination of the deceased's head I am able to say that no hair had been pulled out; the hair was in a very dishevelled condition, and I was obliged to take some pains in parting it for the purpose of making the incision to open the head; and had it been violently pulled out I must have seen evidence of it—I have known the prisoner for about five months; he always appeared a very quiet man.

The prisoner received a good character for humanity and quietness from five witness.

GUILTY of manslaughter under great provocation.

Confined Fifteen Months.

Reference Number: t18620922-956

956. WILLIAM DAVIS (37) , Feloniously killing and slaying John Radford; he was also charged on the Coroner's Inquisition with the like offence.

MR. DALEY conducted the Prosecution.

JOHN RUSSELL HOLMES . I live at 1, St. Anne's-court, Wardour-street—I am a boot closer—I was at the Two Ships public-house, at the corner of Compton-street, Wardour-street, on 11th September, between 2 and 3 o'clock in the day, the prisoner, the deceased Radford, a tall man named M'Donald, and several others were there—I heard the deceased ask a tall, strong man, not M'Donald, about wrestling—after he had caught hold of his hand and brought him to the ground nearly, he wrestled for a few minutes in the public-house—I left the public-house in company with Radford, and went into a urinal there—I, Radford, and a man named Crawford, were there for a minute or two—when I came out the tall man that he had been wrestling with stood outside, and the deceased up with his fist and struck him—the tall man struck out again, and they went out in the middle of the read; they fought three rounds; both of them fell; Crawford went and separated them, and told them the police were coming, and the tall man ran away, the deceased running after him as hard as he could; he did not catch him—as the deceased went, he fell very heavily against a chemist's window-sill—he got up instantly—instead of running direct after the man he had been running after, he turned a complete half circle back again—the prisoner was then standing in front of the Two Ships public-house, and the deceased up and struck Davis, and Davis struck him; the deceased struck the first blow—he ran to Davis and struck him with his fist about the chest—Davis struck back directly; I should say there were about half a dozen blows exchanged between them when they were both on the ground—they got up again and had another round, in which the deceased make a blow at Davis; Davis immediately let his left hand go as well, and followed it again with his right

—the blow hit the deceased about the left shoulder, and he fell with the right side of his forehead on the kerb-stone.

COURT. Q. What sort of a man was the deceased? A. I should say somewhere about five feet six or seven inches high; he looked a powerfully built man, though not fleshy—he seemed somewhere about thirty years of age—I should think the prisoner is about forty-four or forty-six—the deceased struck the prisoner first; he also struck the tall man first—the tall man had not given him the slightest provocation; he was standing in the public-house when the prisoner turned round and caught hold of him—I had seen the deceased drinking some gin, but he was full of drink when he came into the house.

ELIZABETH ANN WRIGGLESWADE . I keep the Regent public-house, 29, Balsover-street—I was in the Two Ships public-house on the 11th of this month, between 2 and 3—while I was there the prisoner and Radford, the deceased, came in with a female—there were some other men in the public-house; I did not hear anything said about wrestling—I saw a tall man who had been drinking with Radford; I saw Radford take his hand as I thought to shake hands with him, but he said he squeezed it too hard, and it was spite; with that, another tall man came in between and said, "Oh, don't quarrel!"—the tall man whose hand was seized was not M'Donald—I mistook the two—I went out of the public-house first, but previous to that they called for two pots more cooper—I saw Radford and the tall man fighting; I did not see them fall at all—I had a little child and it got down in the crowd, and when I got it up the tall man had his hand up and said, "I have done," and ran away—Radford ran after him very fast; he fell against Mr. Peppin's window—I saw him get up and walk across where he encountered Davis—I cannot say whether there were any words; I was not close enough; I cannot say who struck the first blow, but they fought; I saw them fall there in the first round—they got up and fought again to nearly opposite Mr. Dawson's public house—Davis then stood a little distance from the man, and struck a blow which, I think, caught him somewhere in the neck.

COURT. Q. Was that in the course of the fight? A. Yes; that was the blow that sent the deceased on to the kerb—it was the last blow.

JOHN SWIFT . I am a cheesemonger, of South-court, Great Windmill-street, Haymarket—I was standing at the corner of Great Pulteney-street, near Wardour-street, on 11th of this month, about 2 o'clock, talking with another young chap—I saw three men standing in the middle of the road, having a few words together—I did not take any notice of the conversation; the prisoner was not one of the men; it was M'Donald, the deceased, and the tall one he was fighting with first; the deceased put up his hand and began sparring at the tall one; they fought; they just had one round when the tall one ran down a street and the deceased followed him, running; I saw the deceased fall against Mr. Peppin's window—I then saw him come back again and meet the prisoner in the middle of the road—I did not hear what passed; the deceased turned round with his right hand and struck Davis; they both got fighting, and they had one round, and Davis hit him somewhere in the breast and knocked him into the gutter; a few friends picked them up and they got at it again, and they went to the ground with a little wrestling—several friends picked them up again, and they got at it over again opposite Dawson's, and Davis struck the deceased somewhere in the body—the deceased staggered and pitched on his temple against the stones—he did not get up again—I do not know the prisoner at all.

JOHN LOMBARD (Policeman, C 131). About 3 o'clock on 11th of this month, I was near Princes'-street, Leicester-square, and saw the deceased lying on the ground—I did not see the prisoner at that time; I was told something—I afterwards saw him at the corner of Crown-court, in Pulteney-street; he was wiping his face, wiping blood from his mouth—he said it was not him that had struck him (he was pointed out to me), it was the tall man; I brought him back to where the deceased was lying, and he was identified as the man who had struck the deceased.

JOSEPH ROGERS, M.D . I am a surgeon, of 33, Dean-street, Soho—on 11th September I was called to see the deceased—my assistant, who is not here, had previously seen him—I saw him forty-eight hours after death—I examined the body—there was a contused wound, nearly an inch long, at the upper and outer part of the right temple—the parts around were much congested, and blood had flowed from the wound before death—the skin, at the right of the neck, was much discoloured and puffed, and when cut in two the cellular tissues beneath were much distended with bloody fluid—there was an abrasion as if a finger-nail had struck against the side of the neck—the skin was knocked off the knuekles—I found a ruptured vessel at the base of the brain, with effusion, which was the cause of death—that might be caused by a violent fell against a kerb-stone.

Prisoner's Defence. I was standing in the road looking at the deceased and the other man fighting, and he deliberately came and struck me, and I retaliated, and the second time I hit him down; I never saw the man in my life before.

NOT GUILTY .

NEW COURT.—Wednesday, September 24th 1862.

PRESENT.—Mr. JUSTICE KEATING; Mr. Ald. GIBBONS; and

Mr. COMMON SERJEANT.

Before Mr. Justice Keating.

Reference Number: t18620922-957

957. ADELAIDE COLE (30), was indicted for the wilful murder of Charles Cole; she was also charged on the Coroner's Inquisition with the like offence.

MESSRS. RIBTON and WALTON conducted the Prosecution.

ELIZABETH FREER . I am a servant to Mr. Cole, the prisoner's husband, at Brunswick-place, City-road—on Thursday, 7th August, between 3 and 4 o'clock, in the afternoon, I saw the prisoner come up stairs—she came down again and went into the back kitchen, but I did not see her—Mrs. Dorrington then called me, and sent me up stairs—I went into the first-floor front room—I saw nobody there, but in the back room I saw Mrs. Cole's child lying on the floor dead—I saw that its throat was cut, the front part of it—its name was Charles Cole, and it was fifteen months old—it was lying by the side of the bed; not on the bed, with its face towards the bed—I had seen it alive five or six minutes before, and in good health—I saw Mrs. Cole carry it up five minutes before—I asked her if I should take him, and she gave me a shove—I went downstairs and said something, and then went for a doctor.

Cross-examined by MR. SLEIGH. Q. Have you been living with Mrs. Cole about six months? A. I think not quite so long—the prisoner was always very kind and fond of her children—she has been poorly for some

time—she looked very strange about the eyes when she had the child in her arms; she did not seem to know what she was about.

MR. RIBTON. Q. Had you spoken to her recently before this? A. In the morning—I had not spoken to her since the morning, till I asked her if I should take the child—I cannot tell you what time in the morning I spoke to her, but I asked her how she was, and she made me no answer, and when I asked her if I should take the child she made no answer—she was going up stairs with the child—she had not spoken to me at all that day, but I saw her once or twice up stairs in the front room reading—there was nobody with her—she was in the habit of reading very much—she had been reading all the morning, and had not been down stairs till she came down for him and took him up—I say that she did not know what she was about because she looked very strange—she only looked strange when she was going up with the child.

MR. SLEIGH. Q. Was it the Bible she was reading? A. Yes.

MARIA HAYDON . I was a nurse at the prisoner's about seven weeks—Mr. Cole is a cabinet-maker—on 7th August, about half-past 3 in the afternoon, I saw the prisoner—the child was then with me—the prisoner had been up stairs, and she came down speechless—we asked her if she had broken a blood vessel, but we got no answer—we took her into the kitchen, and sat her down on a chair—she brought the child down—I took it out of her arms and it was playing about—she went up stairs—I do not know whether she took the child up with her—I saw no more of her till she came down stairs—I observed nothing then which attracted my notice—I saw nothing on her hands then, but the last time she came down I saw blood on her hands, and on her throat, and on her dress—it was then that I asked her if she had broken a blood-vessel and she made me no answer—I went up after the girl, went into the back room and found the child dead, and bleeding from a wound in the throat.

Cross-examined. Q. Was she in bad health? A. Yes; and always appeared very fond of her children—after I saw the blood on her hands and dress, I found that her throat was slightly cut, but not for blood to come—she had made a slight attempt on her own throat, but not for blood to come—it was smeared from her hands—during the whole time I was in the house she appeared to be in a very low desponding state, and very fond of reading the Bible—I have observed something peculiar about her eyes and in her manner which attracted my notice—she looked rather strange to us at different times, and used to complain of her head being bad.

MR. RIBTON. Q. You say that she looked strange at different times; when was that? A. She looked very strange at different times when I have spoken to her—that was two or three days before this, and she had been ill all the time I was there—Dr. Rogers attended her, but he had left for a week—I have observed her looking strange since he left, but I did not send and inform him of it, as I did not think anything of it.

EMMA DORRINGTON . I was at Mr. Cole's house on this day—he was out at his work—I saw the prisoner go up stain between 3 and 4 o'clock—I did not go up into the room, or see the child—she had blood on her hands when she came down—a medical man was sent for, and I called for the nurse—after the prisoner came down, the servant girl in her presence said, "Mistress has murdered the child"—the prisoner said nothing to that—I saw a scratch on her throat—there was a little blood from it—I asked her if she had brought up blood again, as she had on a former occasion—she made no answer—she said nothiug at all to me—I said that the child was found—she made no answer.

Cross-examined. Q. When Freer said, "Mistress has murdered her baby," and the prisoner made no reply, what state was she in? A. She was in great agitation, and trembling from head to foot—she had been very ill some time previous, and had broken a blood vessel—during the time I was residing there she was often very vacant, and would wander about as if lost—the said that she was afraid she should not recover from this illness, and should have to leave her children to strangers—on the day before this occurred, I heard her say to my sister that she was lost, and I have seen her when she has been making such observations, walking about the room and wringing her hands—she walked from the drawing-room that very afternoon in a sort of wild way—that was the occasion when I saw her wringing her hands—she once said that the evil spirits were all about, and made motion with her hands; and a day or two before this she said that she had prayed, but her prayers had not been answered—she also said that the wrath of God was upon her—she always manifested the fondest affection for her children.

MR. RIBTON. Q. Did she say that she was afraid she should not recover from her illness? A. Yes; and it was then that she said that she did not know what would become of her family after her death.

JOHN F. ROGERS . I am a physician and surgeon, of 117, Old-street, St. Luke's—I was called to Brunswick-place, and saw the child dead, with a wound in the throat, such as would be inflicted by a knife which I saw—the prisoner was walking about the room—I spoke to her, but she seemed quite unconscious—I found three or four superficial wounds on her throat, and dressed them.

Cross-examined. Q. Had you been attending her some weeks or months previously? A. About a month previously—I was called to her on 4th July, early in the morning, for spitting of blood—she was then in very bad health physically—I noticed nothing particular in the state of her mind, but once or twice there was a wild expression about her eyes—when I was called in found she had inflicted wounds on her throat, and after I had dressed them she attempted to rush out of the room, saying, "The child is crying, I want to go to if—I had a consultation with Dr. Davis, of Finsbury-square, nearly a month previous to the child's death—she was very low and melancholy during my attendance on her—she complained of pains in her head—she was certainly not in a state of consciousness when I was called in to dress her wounds and see the dead child—she remained under my immediate attendance until she had recovered—she was in a very low state mentally, and I believe she was decidedly insane at the time this act was perpetrated—I was in attendance on her previous to this visit, and was attending on her subsequently, and according to my judgment she was not in a sound state of mind—I state that as my opinion from the result of my observations—on the evening of the murder she told me she was full of evil spirits, and asked me to cure them; and on the Saturday following she told me she was haunted by evil spirits, and that she saw the spirits murder the child before her eyes, and the next moment she denied the child's death altogether, and insisted on its being alive—she said that it was crying in the next room, and wanted to go to it—I have not given particular attention to diseases of the brain—it is an undeniable feature in cases of murder that the violence has been done to those nearest and dearest in blood—those acts are sometimes accompanied with attempts on the life of the person themselves—that is known in the profession as a homicidal monomania, and is very frequently produced by religious delusions among other exciting causes, and it is produced

frequently by grief—I have been present during the whole of the examination—the state of low desponding melancholy which has been described is decidedly that which would be precedent to the developments of the homicidal impulse—it is also characteristic of homicidal mania, that it is developed suddenly, and exercised on the person most loved, and without any motive—she was, in my opinion, quite unconscious of right or wrong, and incapable of distinguishing between right and wrong at the time of the act.

MR. RIBTON. Q. What was the illness you were attending her for? A. Consumption and spitting of blood—that would produce a low state of body, which would act upon the mind.

Q. You would not say that everybody in that state was unconscious of right or wrong? A. I merely express my opinion that Mrs. Cole was in that state—I do not mean to say that everybody affected so would be so, but they might be—I have not seen many cases of homicidal monomania—we are always taught that melancholy is incidental to the development of the homicidal impulse—that is the opinion of our first medical men—I do not speak from experience, but from books—the cases alluded to in the books are, I believe, recent, but I cannot swear that—I gave the prisoner tonics, which would act upon the low state of her mind and body—I never dreamed of her having a tendency to homicidal monomania before this act—I say that she was unconscious because I asked her if she knew me, and after some seconds she said "Yes"—I asked her what my name was, and she could not remember—I believe she said that she could not remember, or that she did not know—she was walking about, supported by her husband, and was throwing her arms about—this was after the child was dead.

CHARLES WEBSTER (Police-inspector, N.) On 7th August, about 4 o'clock in the afternoon, from information I received, I went to the house in Brunswick-place, and found in a back room there, a child with its throat cut, as described by the witnesses—the sergeant who found the knife is here—I took the prisoner in custody a fortnight afterwards, and told her the charge—she said nothing, but commenced crying.

NOT GUILTY being insane. , — To be detained during her Majesty's pleasure.

THIRD COURT.—Wednesday, September 24th 1862.

PRESENT—Mr. RECORDER; Mr. Ald. LAWRENCE; and Mr. COMMON

SERJEANT.

Before Mr. Common Serjeant.

Reference Number: t18620922-958

958. EDWARD HERON MCCABE (30) Feloniously forging an older for the payment of 5l. 10s. 6d., with intent to defraud; to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18620922-959

959. JOSHUA WEARING (28) , Assaulting Thomas Matthew Peacock, and occasioning him actual bodily harm; to which he

PLEADED GUILTY .— Fined 5l.

Reference Number: t18620922-960

960. JOSHUA WEARING was again indicted for feloniously assaulting Thomas Matthew Peacock, with intent to rob him.

MR. PALMER, for the prosecution, offered no evidence.

NOT GUILTY .

Reference Number: t18620922-961

961. MARY NICHOLSON (28) , Stealing 1 umbrella, the property of George Harborow; also, stealing 12 knives, the property of Augustine Laybourn; to both which she

PLEADED GUILTY .— Confined Eighteen Months.

Reference Number: t18620922-962

962. MARY DEAN (20) , Stealing 1 purse, 1 piece of paper, and 11s., the property of Eugene James Harrison, from the person of Sarah Harrison; to which she

PLEADED GUILTY .*— Three Years' Penal Servitude.

Reference Number: t18620922-963

963. WILLIAM ALLEN (25) , Burglariously breaking and entering the dwelling-house of Richard Millard, and stealing therein 1 watch, value 7l., I pocket-book, and 34l. in money, the property of Charles Hughes; to which he

PLEADED GUILTY .— Confined Eighteen Months.

Reference Number: t18620922-964

964. ADRIEN BRUN (26), and AUGUSTE TORTURAT (26) , Stealing 1 watch and chain, value 18l., the property of Charles White, in his dwelling-house; to which Brun

PLEADED GUILTY .— Four Years' Penal Servitude.

(The prisoners being foreigners, the evidence toot interpreted to them.)

MR. PATER conducted the Prosecution.

CHARLES WHITE . I am a jeweller, of 146, Great Portland-street—on Monday, 25th August, Brun came and asked to look at a gold English watch, not any Geneva watches, for he could get plenty of those in Paris—I told him I had not a gold English lever watch, but that I should have in a few days—he then left, saying he would call again—he came again on Wednesday, the 27th, with Torturat, and asked if I had got any English watches—I showed him a gold English lever, a hunter, which he liked very much indeed—he asked me the price of it—I told him—they talked together in French—I could not understand what they said—Brun asked me in English if it was a good watch to go—he could speak tolerably good English—Tortorat could not speak a word of English—Brun said it was the custom in France to time the watches before they bought them, and would I keep it one day and time it; so I put it by my regulator at the shop door, which keeps good time—they went away—I kept it till the next day, Thursday, when they both came again—I then informed Brun that I had timed the watch—he asked to see some chains—I showed him four or five, and he selected the best, and wanted to know the price of it and the watch together—I told him the price, but he could not, or would not, understand it, and asked me to write it down—he made signs for me to do so—I wrote it down, the watch and chain meantime lying before me on the counter, just under my eyes—I found something come in my eyes, which hurt them very much, and I heard a scuffle—I could not see—they both rushed out, and closed the door after them—I called to my wife to mind the shop, and rushed after them, without stopping to see whether the watch and chain had been taken away—on the way I saw Brun throw the watch away—I picked it up—they were running as fast as they could—the watch was mine—it was the one Brun selected—I took him back to my shop—I overtook Torturat first, but I did not stop with him, because I guessed that Brun had the watch—I asked Brun when I brought him back if he threw the stuff in my eyes—he said, "Yes"—I asked him what he did it for—he said, "I was very hungry; I have had nothing to eat for three days; I must take something to get food"—I asked him if he had got the chain—he said, no, his companion had got it—Brun wrote this paper (produced) at the station—here is

another, which is part of one that he wrote in the shop, and subsequently tore up.

COURT. Q. Did you ask him to write something down? A. He said, "Give me my liberty; I will give you the address of my father; I will give you the address of my friend, and he shall render you up the chain; "I said, "Very well, give me the address then"—the prisoner tore the paper up afterwards—this is only a piece of it—in consequence of what he said, I went to 40, Silver-street, Golden-square, and found Torturat there—I am perfectly satisfied that the prisoners are the two men who came to the shop on the day the snuff was thrown and the watch taken, and also on the two days before—I saw Brun three times, and Torturat twice.

MR. PATER. Q. Did you find in Brim's pocket any stuff similar to that which was thrown in your eyes? A. Yes; the policeman has a sample of it—it is a mixture of pepper, tobacco, ashes, and I should say there is some salt in it—the chain has not been found.

JOHN BOYD (Policeman, D 197). I took Brun on 27th August, about 4 o'clock—on the way to the station he stated to me that he threw the dust into Mr. White's eyes, and ran away; that he was hungry, and must have some way to procure food—I took Torturat about half-past 8 the same evening, at 40, Silver-street—Brun wrote this paper in the station and gave it to me, and I went to the address and found Torturat there—he said nothing to me—he could not understand English.

COURT. Q. And you could not say anything to him that he understood? A. No—I saw the tailor with whom he lodges, and I saw him here on Monday—he is a foreigner, and does not speak English—he has not said anything to me—I have never found the chain.

Torturat's Defence. I do not know Brun at all. The policeman came to 40, Silver-street, and accused me of having stolen a watch and chain, value 18l. The person who was there in the room can answer very well for my being there on the 27th. They told me the trial would come off on Monday, and now it is Wednesday. I have lodged there two months and a half, not having any means of existence. I have been in prison a month.

GUILTY .— Four Years' Penal Servitude.

There was another indictment against the prisoners.

Reference Number: t18620922-965

965. WILLIAM FISHER (25) , Stealing 1 watch, the property of Walter Monnery, from his person.

MR. GENT conducted the Prosecution.

WALTER MONNERY . I am shopman at 165, Fenehurch-street—on 21st August I was in Gracechurch-street, a little after two in the afternoon—I had just stopped to look in at a shop window, when I felt a tug at my watch—there was a chain round my neck—the watch was out of my pocket when I felt the pull—I looked, and saw it in the prisoners hand at my right hand side—when he saw that I saw it in his hand he dropped it instantly—I picked it up, looked round to see if I could see a policeman, but could not—the prisoner began to walk off—I followed him a few steps, and then he turned up a passage into Leadenhall-market—I took hold of him, and a gentleman fetched a policeman—the prisoner had seen me following him, and said, "What do you want?"—I said, "You know; you have had my watch"—this (produced) is my watch—the chain was a common one—the watch was broken off at the bow, and the chain remained whole—I did not lose sight of him from the time when I saw it in his hand till I took him in. Leadenhall-market—I am quite sure I have got the right man.

Cross-examined by MR. DICKIE. Q. Are you quite sure you never lost sight of him? A. Not for half a minute; not at all; not even when I stooped down to pick up my watch—I was looking at him all the time while I picked it up—I have never seen him before—I saw the watch drop from his hand, and I also saw it on the ground—I would not swear that I said anything at the station-house about its being in his hand—I did not take him directly, because there were no policemen—there were plenty of people round there, but I did not know at first whether I should take him or not—I looked at him all the while.

JOHN THOMAS (City-policeman, 601). On 21st August, the last witness gave the prisoner into my custody, and charged him with stealing hit watch—the prisoner denied the charge—I found them standing together; there was a mob round—the prisoner gave an address.

Cross-examined. Q. Have you the people here from that address? A. No—I went and made inquiries there.

GUILTY .— Confined Six Months.

Reference Number: t18620922-966

966. JOHN JOHNSON (26), and CHARLES WEBB (24) , Breaking and entering the dwelling-house of James Pink, and stealing therein 1 shawl, 1 watch, 30 yards of alpaca, and other articles, his property.

MESSRS. LEWIS and WILLIAMS conducted the Prosecution.

ELIZABETH HOWARD . I am the wife of James Howard, a labourer, and have charge of the house, 25, Cambridge-terrace, Hackney, which belongs to James Pink—I reside there—on Sunday, the 7th inst., I left the house in the morning, about nearly half-past 10, just before Church-time—it was all secured then; no one was in it—I returned at about 20 minutes to 8—when I put the key in the door, I found the door was only single-locked instead of double-locked—I stood a few minutes, and then the prisoner, Johnson, came out—I said, "Oh, you wretch; what do you do in my house?"—I said that twice—he said, "Nothing, nothing"—I then said, "Oh, you wretch; you must do something"—he said, "I have done no harm," and ran past—I then ran across the road, and called, "Stop thief!"—some people from the next door came to my assistance, and ran across the fields, and then another young man pursued him—he was eventually caught—I then went to the door again, and heard footsteps—I said, "Oh, there is some one in my house now; what shall I do?"—then the door went open, and I saw a man going up the stairs—I cannot swear to him—I heard the window go up—I went into the kitchen, but would not have anything touched till the policeman came, and when he came he picked up the things; rings and jewellery—the door had been opened with a key.

Cross-examined by MR. DALEY. Q. It was rather dark, was it not? A. The lamp shines all up the passage—there are iron railings in front of the house, and an iron gate—there is a roadway opposite the house, and, on the other side of that an open field, right facing the house—it is fenced by a low paling—the people that came from next door were the only persons I saw—I was standing right at the door when Johnson came out; that was the first that I saw—I spoke to him twice—I am sure I said that when I was examined before—he remained with me about two or three minutes before he ran away; it must have been two minutes—he stood by me before he offered to go away—he shut the hall door as he came out—we were outside the hall door, on the steps, while we were conversing—he then rushed by me—my daughter stood beside me—I never moved till he went across, and then I ran after him—I did not catch hold of him; I never touched him—

he ran across into the field—I did not see him and another man together at all—I did not, at any time, say that it was the other prisoner that I saw come out at the door—the next time I saw Johnson, after he went across the field, was at the station; that might have been about three-quarters of an hour afterwards—I saw him inside the Hackney station-house—Webb was there, sitting by the side of him—my daughter went to the station, but I did not see her speak to any boys—I cannot swear to Webb.

MR. WILLIAMS. Q. Is there not a gas-lamp directly opposite the house? A. Right facing.

HENRY DISNEY CARROLL . I am a bootmaker, of 5, Wellington-street, Shadwell—on the evening of 7th September, I was going along Stanley-road, and heard screams of "Murder" and "Police"—I walked up about twenty yards, as far as the public-house at the corner of the road—I saw Johnson come up, and captured him at the corner—I saw him turn away from Cambridge-terrace, running at full speed; he turned into Stanley-road—three or four persons were following him—he threw away a great many things—Policeman 541 came up with Webb, and ordered me to take my prisoner to the station—I never let go of Johnson—I took him to the station, and gave him up to the inspector—I told the inspector the place where I had seen something thrown—a boy had picked up sixteen keys, a chisel, and a screwdriver; and a female brought in two keys while I was in the station—I asked the boy to pick the keys up, and I put them all in my pocket, and took them to the station—I did not lose sight of the prisoner at all from the time I first saw him.

Cross-examined. Q. Do you know the house where the robbery was committed? A. I do not—I know Cambridge-terrace—there is a small extent of field opposite Cambridge-terrace—it has been partly built upon—there is a fence round some portion of it—when I saw Johnson running, I was at the Cambridge Arms Tavern; the opposite side to the field—Cambridge-terrace is a little to the rear; it stands back—the public-house if up another street, of which I do not know the name—I was in the Stanley-road, about twenty feet from the field—the public-house is not at a corner; it lies back, down a turning; there is a dead wall in front of it—I was walking before I stood still—I was coming from Victoria-park, having the field on my right—I was on my way from South Hackney to West Hackney—the people who were running after the prisoner did not go away when I caught him; the whole lot of them came up and assisted me to take him to the station—he threw the things away before I caught him—I caught him the moment he came up to me; that may have been three minutes after I first saw him; judging by the speed he ran at, I do not think it exceeded three minutes.

WILLIAM TYDIMAN (Policeman, N 541). I heard an alarm at Mr. Pink's house, and went there—I saw the first witness standing at the door—from information I received from her, I went into the house, and went over several gardens at the back—I came up to the top of the road, and there found Webb lying on his back; 120 yards, perhaps, from the house—he was held down by two or three civilians—I took him to the station, and returned to Mr. Pink's house—I first went into the back kitchen, where I found, on the floor, these three gold brooches, three rings, and several other article (produced), which were afterwards identified by Mr. Pink—I then went upstairs, and found everything turned upside down in the rooms—this parcel contained silk, alpacca, and a shawl, tied up ready for removal—the cash-box and another small box were lying on the bed, broken open.

HENRY PETERS . I am a commercial traveller, of 42, Pleasant-place, Victoria Park—on the evening in question I was in a house adjoining Mr. Pink's, and heard cries of "Thieves!"—I ran out into the back yard, and saw Webb jump out at Mr. Pink's back bedroom window on to the coal-shed into the next garden—I followed him, jumped over the wall at the back of the garden, ran, I should think, about twenty yards, and then jumped over another wall—I followed him over twenty-six garden walls till we got to the Duke of Cambridge public-house—he then jumped on to a coach-house in the Stanley-road, and there he was captured—I did not lost sight of him once.

Cross-examined. Q. Was there a wall at the end of the garden of the house which was broken into? A. Yes; at the bottom of the garden there is one about six feet high—he got over that and ran about ten yards, and then jumped over it again and got into a corner, and then got into the gardens of the other houses, and had to go over them all—I was within five yards of him all the time.

THOMAS HOWES (Police-sergeant, N 46). I searched Webb at the station-house—when I opened his coat this pin dropped from him on the ground—in his right-hand trousers pocket I found this gold watch—I found nothing else that is identified—there was a pin in his scarf, and he had three half-pence—I received the keys from Carroll, he put them on the desk at the station—I have got them and others, fifty-one altogether—they were brought next day to the station by different persons who found them in the field—I found two keys that opened the wardrobe, and two that opened the front door.

JAMES PINK . I reside at 25, Cambridge-terrace, in the parish of St John's, Hackney—I left Mrs. Howard in charge of my house while I was at the sea-side—these things are all mine—they were all safe in my house when I left.

GUILTY .— Four Years each in Penal Servitude.

Reference Number: t18620922-967

967. JOHN CLANCY (21) , Stealing a purse and 2s. the property of Mary Ann Haarnack, from her person.

MR. COOK conducted the Prosecution.

MARY ANN HAARNACK . I live at 65A, Long Acre, with my friends—on the night of 31st August, I was in Mansion House-street waiting for an omnibus—the prisoner came in front of me, put his hand in front of me, and took my purse—I am sure that he put his hand in my pocket—he then crossed over on the other side of the way and spoke to a man there—I crossed over to him and the other man left him directly—I told him he had put his hand in my pooket and taken my purse—he said, "I have not got it, and I was not on the other side of the way"—I said, "You have, for I saw you standing close by me"—he said he had not got it—a policeman came up and the prisoner was given in charge—I told him he was standing in front of me, and he said that he was not, that he had never been on the other side of the way where I had been standing—I had told him that I was on the other side of the way, and had crowed over to tell him, and he said he was not there.

Cross-examined by MR. PATER. Q. Were you in company with some one else? A. Yes; with my sitter—I am not employed at the Middlesex Hospital at all, nor have I ever lived there—I felt his hand in my pocket, and he left my handkerchief hanging right out—I walked over the road directly—I had no baby in my arms—I did not accuse him whilst he was near me, because he was so quick I had not time—I dare say there were a

dozen people standing near us waiting for omnibuses—I was standing still—my money was in my purse, in my pocket—the prisoner was speaking to the other man directly I crossed over—I do not know what became of that man—I did not lose sight of the prisoner at all—it was rather light—I watched him all the time—my pocket was on the right-hand side, and was covered by my shawl—I felt his hand going right round my dress—he came up and pushed in front—I think it was his right hand that entered my pocket, but I cannot say.

MR. COOK. Q. The moment you felt the man's hand in your pocket he darted off, and you followed him immediately? A. Yes.

MR. PATER. Q. Did he not walk across? A. Yes—to the other side.

COURT. Q. Had you seen your purse safe shortly before? A. Yes; I had it in my hand until about five minutes before he came up, and then I put it in my pocket, and I think he must have seen me put it in.

CHARLOTTE FORD . I am married, and live at 35, Berners-street, Middlesex Hospital—I was with the last witness, my sister, on the night of 31st August, waiting for an omnibus—we saw the prisoner standing in front of us—he turned round and looked us both in the face—I looked at him, and at the same time my sister said, "This man in front of us is feeling my pocket"—I said, "Oh! be careful"—she said, "Let him alone; he has not got his hand in it;" and then she put her hand in and said, "He has got my purse"—he went across the road and we ran across after him—he was standing there handing something, I could not see what, to another man, who ran off directly we came up—my sister said to the prisoner, "You have got my purse?"—he said, "It's not me"—I said, "No; not now; you have just given it to the other man"—he said, "Why don't you go after the other man?"—I said, "No; it is no use now he is gone; we will keep you"—neither of us had said anything before that about locking him up—be had not got three feet from us before my sister said, "He has got it" and went after him—I had a baby in my arms and was a minute behind her—the policeman was there, and the prisoner said to another man, "Go fetch the purse; you know who has got it."

Cross-examined. Q. Was not this what he said, "I think it is you who have got the lady's purse; if you have, or know who has, give it up like a man"? A. No; it was not the same man that the prisoner had spoken to after he crossed the road—my husband had come up and had the prisoner by the collar—he was looking for a policeman, and a man whom we had not seen before, came round the corner, and the prisoner said to him, "Go fetch the purse; you know who has got it; bring it to me; then I shall not be locked up"—the man walked away—I suppose we walked about ten minutes before the prisoner was given in custody—we had not gone a mile—we went down two or three streets towards the Bow Station—the prisoner did not go very quietly—he punched my husband once or twice—the prisoner was not indignant.

JOHN LEVINGS JOHNSON (City-policeman 446). The prisoner was given into my custody on the night of 31st August—nothing was found on him—he gave a false address—he did not say anything when I took him in custody.

Cross-examined. Q. What do you mean by a false address? A. He gave No. 9, Hatfield-street—there were two Nos. 9, and he lived at neither of them—I have not any of the people here from either of those houses.

GUILTY .—He was further charged with, having been convicted of felony in

January, 1854, at Clerkenwell, in the name of John Murphy, and sentenced to Four Years' Penal Servitude; to which he

PLEADED GUILTY.**†— Six Years Penal Servitude.

Reference Number: t18620922-968

968. ROBERT WILSON DAVIS (39), was indicted for bigamy.

MR. BEST conducted the Prosecution.

HURNASS JENNINGS . I live at Camden-town, and am verger of St. Paul's Church, Gamden-square, St Pancras—I know the prisoner—I was present when he was married on 31st July, 1859, to a person named Flora Ann Fletcher—this (produced) is the certificate of that marriage—I have compared it with the register—I have seen the woman he was married to—she is alive.

Cross-examined by MR. KEMP. Q. How long ago did you see her? A. Last Wednesday.

OLIVE DAVIS . I live at 62, Harwood-street, Camden-town—I was married to the prisoner on 8th April, 1860, at St Paul's, Carnden-square—I have known him from September, 1859—he represented that he was single.

Cross-examined. Q. Do you know a man named James King? A. No; I was in service before I married the prisoner—I will swear that my master did not, before I was married, tell me that he was a married man—he did not interfere in the matter—I do not know William King—no one told me that the prisoner was married—I had known him seven months before I was married to him—I had been living with him a fortnight before I married him—after I had been married seven weeks I heard that he was married—I continued to live with him until he left me, and then I went down to see the woman he was with, and asked whether he was a married man—I did not know then, but I know now, that he went back to his first wife.

MR. BEST. Q. You went and got the information from his first wife? A. Yes.

GUILTY .— Confined Six Months.

Reference Number: t18620922-969

969. ISAAC WATSON (50) , Feloniously and maliciously wounding John Toomey, with intent to do him some grievous bodily harm.

MR. HORRY conducted the Prosecution.

JAMES TOOMEY . I am the son of John Toomey, a shoemaker, and live with him at 8, Old Castle-street, Whitechapel—I know the prisoner well—on 1st August, about 8 o'clock, I was sitting with my father at work, when the prisoner came in, from his own house—he lives very nearly opposite; we are neighbours—he came in, stood in a fighting position, and said, "You old b—, I have known you many yean, and you old b—, I will murder you"—upon that he struck my father with his fist under the chin, and my father fell backwards off his seat—the prisoner then snatched up a shoe-maker's knife from my seat, and stabbed my father in the left side, without saying anything—he made a second attempt to strike him—this (produced) is part of the knife—I seized him round the throat, and prevented him striking him again—after I had thrown him on the floor my father got up, and I saw him walk out of doors directly—as I was struggling on the floor with the prisoner, he cut me four times on the hand—he did not attempt to do anything after my lather went out—he hallooed and cried out while I was struggling with him on the floor—I forget what he cried out—I found myself getting weak, called for assistance, and Higgins came and held him down—I tried to get the knife from him, but could not; I caught hold of it with my thumb, and had to break the knife into my hand as it is now—I did not get the handle; the prisoner took it away with him

—I saw Higgins get him out into the street, and he lay outside hallooing, hooting, and hissing; he attracted a mob of people—I gave this piece of blade to the officer—blood was then on it—the prisoner was not taken in custody at the time; he went into his own house.

Cross-examined. Q. Do you know he did all this? A. Yes—I did not follow him; I could see through the window—he has never quarrelled with me, because I have never given him anything to quarrel for—he quarrels with anyone—I do not know that he only quarrels with those who give him something to quarrel for; perhaps if I was in his company he might give me a cause—I do not work with him—I have never walked ten yards with him in my life, nor has my father that I know of—the prisoner was not drunk; he was not quite sober, but he knew what he was about.

MR. HORRY. Q. Had there been any quarrel that day when he came in? A. Not with us; there was with his wife.

PATRICK HIGGINS . I am a tailor and live at 55, Fashion-street—I was passing Mr. Toomey's door on this evening, and saw the prisoner lying on the floor of the shop—Mr. Tooraey's son was holding him down, and calling for help, and then I went into the shop, laid hold of the prisoner by the had and collar, and held him down as well as I could, while James Toomey held the hand that had the knife, and took the knife from him—I saw the blade of the knife—I took hold of his legs, and we brought him out into the street—I saw the father before I approached the door, with one hand to his left side, and the other to his head.

Cross-examined. Q. I suppose the prisoner was as sober as you are now? A. No; he was not—I should not take him to be sober—I should think he knew what he was about.

GEORGE COX (Policeman, H). I took the prisoner about half-past 8 the same night—he was drunk—I told him the charge, but he made no answer.

Cross-examined. Q. Had you seen him before that evening? A. Yes—he was drunk then; he had been quarrelling with his wife, trying to get in doors, and I told him I should have to lock him up.

JOHN TOMEY . I am the prosecutor—on the night of 1st August, about 8 o'clock, my son and I were working together in the shop, when the prisoner came in—I have known him for years as a quarrelsome neighbour—he was half-and-half, but knew what he was doing—he came and said, You old so and so, I have known you a good many years," and with that he hit me and knocked me down—my son has given a correct account of it—the prisoner took the knife off the seat, and stabbed me—I got up and said, "Oh! the fellow's stabbed me"—I found the blood running as fast as it could—I went to a surgeon, Mr. Blackburn, and there I fainted—when I recovered, I was in the Loudon Hospital, where I remained for six weeks—I have never had any quarrel or any words with the prisoner—I am not a patient now.

EDMUND GWYNN . I am house surgeon at the London Hospital—on the night of 1st August, the prisoner was brought there—I found him in a state of great collapse; he was suffering acute pain, and bleeding profusely from a deep penetrating wound on the upper and left side of the abdomen, just beneath the last two ribs—his wounds were dressed, and he was sent to bed—about 11 o'clock he vomited blood, and became so alarmingly ill that I communicated with the police, and a Magistrate came and took his deposition—this would have been a very likely knife to inflict such a wound—I do not see any blood on it now—he was in great danger for a week, but

recovered slowly, and was discharged cured—he was a patient up to 6th September, but is not now.

COURT. Q. The danger did not arise from anything in the constitution? A. No, the wound was dangerous; I before the stomach was perforated; that was the danger.

The prisoner's statement before the Magistrate was here read as follows:—"I was entirely drunk; knew nothing of it"

GUILTY of unlawfully wounding. — Confined Twelve Months

FOURTH COURT.—Wednesday, September 24th, 1862.

PRESENT—Mr. RECORDER; Mr. Ald. GABRIEL; and Mr. Ald. LAWRENCE.

Before Mr. Recorder.

Reference Number: t18620922-970

970. HENRY BROOKER (25) , Embezzling, on 31st May, 2l. 16s.; on 2d August, 2l. 16s. 6d.; and on 15th September, 6s. 1d., the moneys of William Edward Bartlett and another, his masters; to which he

PLEADED GUILTY .— Judgment Respited.

Reference Number: t18620922-971

971. CHARLES BURKETT (29) , Robbery with violence on John Sullivan, and stealing from him 1 watch, his property.

JOHN SULLIVAN . I am a labourer, living at 5, Sydney-street, Blackwall—on Tuesday, 9th of this month, between 12 and 1 at night, I was in the Commercial-road, taking a drink of water out of a fountain there—I had my watch in my waistcoat pocket, attached to this watch-guard—the prisoner came up to my side and made a grasp at the watch—I sung out, "Oh! I have lost my watch"—the ring gave way from this chain, and the watch went—I sung out, "Police, police! stop thief, stop thief!"—I was then within two doors from the fountain, at the corner of Lucas-street—the prisoner turned round the corner—there was another man as well, a shorter man, but he went off—one of the two, I don't know which it was, cut me across the temple—I hate the mark now—I cried out, and fell from the blow I got—I got up as well as I could, and, of coarse, lost some time, but the policeman on duty was coining up another street, and he captured the man—I did not see him taken—I saw the direction in which the prisoner went—he went towards the railroad in Lucas-street—I saw him in custody about two or three minutes afterwards—I am sure the person I then saw in custody was the person who seized my watch; he was as white as possible.

Cross-examined by MR. BEST. Q. What had you been doing with yourself all the evening? A. I had been as far as Blackfriars-bridge—I might be the worse for drink; I had one glass of gin and water and a glass of beer—I was sober enough to know what I was about, and to find my way home.

JOHN HAMSHER . I live at 1, Garden-street, Stepney—I was in Lucas-street between 12 and 1 on the morning of Tuesday, the 9th, and saw a man run post me—I got a little further on and saw the prisoner leaving the prosecutor, and the prosecutor getting up off the ground—the prisoner was about six yards from him when I saw him first; he ran away and I ran after him—I saw him stopped by a policeman—I am sure the prisoner is the must that I saw coming from the prosecutor, and running—the other man that I saw running was a shorter man.

Cross-examined. Q. You did not see him come from the prosecutor, did

you? A. Yes; I said that before, at the Thames Police-court—I said I saw the prisoner leaving him.

GEORGE HART (Policeman, K 154). I was on duty in the neighbourhood of Lucas-street, and heard cries of "Stop thief!"—I went towards the spot and saw the prisoner running away from the direction I heard the cry—I stopped him, and asked him what was the matter—he said he did not know—I said, "Let ua go back and see"—I took him back; we met the prosecutor, and he said, "That is the man who stole my watch"—I took the prisoner in charge—he gave me his address as 31, Church-road, Stepney, which was false.

The prisoner received a good character.

GUILTY .†— Confined Eighteen Months.

Reference Number: t18620922-972

972. THOMAS BEVAN (30), was indicted for feloniously forging a warrant for the payment of 60l. 13s. 5d., also a warrant for the payment of 1119l. 11s. 9d., with intent to defraud; to both which he

PLEADED GUILTY .— Three Years' Penal Servitude.

Reference Number: t18620922-973

973. LOUISA TESTAR (26), was indicted for feloniously harbouring the said Thomas Bevan, knowing him to have committed the said felony.

MR. OBRIDGE, for the prosecution offered no evidence.

NOT GUILTY .

Reference Number: t18620922-974

974. JAMES WARREN (21), and BATT SHEA (18) , Robbery with violence on Thomas Milton, and stealing from him 1 watch, value 3s. 10s., his property.

MR. BEST conducted the Prosecution.

THOMAS MILTON . I am a waiter, and live at 33, Exeter-street, Brompton—on the morning of 5th of this month, about 4 o'olock, I was standing near the pillars of Drury-lane Theatre—the prisoner Warren came up to me, and took my watch from my waistcoat pocket—it had a chain to it, fastened in my waistcoat—he broke the watch from the swivel and got it into his hand—I took him by the arm and took it away again—he then gave his arm a twist and got away—I followed him, and got about three yards, when Shea ran up against me and stopped me—he then pointed and told Warren to run down Lincoln's-court—I kept Shea and gave him in custody.

Warren, I don't recollect being in the neighbourhood at all.

COURT. Q. Where was it you gave him in charge? A. In Russell-street, Drury-lane—I had been out with a friend that evening, and I was standing cross-legged against a pillar—I was perfectly sober—I was not looking at anything.

WILLIAM WINDRED (Policeman, F 56). A few minutes past 4 o'clock, on the morning of the 5th, I saw the prosecutor and the prisoner Shea together in Russell-street—the prosecutor complained to me about having his watch stolen from his pocket—he said that the man who stole the watch had run away—I asked if he thought there was any other person concerned in it, and he said he thought Shea was, because when he was following the one that took the watch, Shea stopped him and told the other to run down Lincoln's-court—I went up to Shea, and he said he did not know anything about it—I then asked the prosecutor if he thought he had anything to do with it, and he said he thought so, and he would give him into my custody—I took him into custody—when I saw the watch, the swivel was broken—this is it (produced).

ROBERT WENSLEY (Policeman, F 36). On the morning of 5th September, about 4 or 5 o'clock, I was on duty near Lincoln's-court, and saw Warren

running down the court; as soon as he saw me he stopped find walked, and then went into a model lodging-house—I afterwards heard of the robbery, and in consequence of information I apprehended him on the night of the same day about half-past 10—I said I took him in custody for stealing a watch in Russell-street, in the morning, a little after 4—he said the prosecutor had got the watch back and he ought to be satisfied.

Warren. I did not say that, I said I was not in the neighbourhood the same morning, and knew nothing of it; you' did not make that statement on the night you took me in charge.

WARREN— GUILTY .— Confined Six Months.

SHEA— NOT GUILTY .

Reference Number: t18620922-575

575. ANN TWIG (30) , Stealing 1 purse, 1 bottle, and 2l. 2s. 3 1/2 d. in money, the property of Frederick Miller, from his person.

FREDERICK MILLER . I am a seaman, lodging at the Sailors' Home—on the afternoon of 16th of this month, I was drinking at the Black Horse—the prisoner was sitting by me—I called for a pot of ale and was going to pay for it, when I discovered that my money was gone—I had previously 2l. 2s. and some coppers, inside my waistcoat pocket, in a purse—I said my money was gone—the prisoner was not sitting by me then; she went out as soon as I got up—the purse and money were afterwards brought back to me by Henderson—this is my purse and my bottle (produced)—the bottle was inside my coat pocket; it has pomade in it—the prisoner gave it up at the station.

Prisoner. Q. Did not you give me that bottle? A. No; I bought it for myself—I did not see you take the money out of my pocket.

JURY. Q. Were you sober at the time? A. I had a glass or two.

BENJAMIN HENDERSON . I was with the last witness when he missed his money—I had seen the prisoner before that; she was sitting alongside of my comrade—I was dancing, and a shipmate came up to me and said my comrade had been robbed—I was not drunk; I had been drinking, I was not perfectly sober—I followed the prisoner out, and sung out to her two or three times—she turned round and said, "Do you want met"—I said, "Yes"—she then came back and said, "Here is the purse; say nothing about it"—she had got very nearly to the end of the street when she stopped.

Prisoner. Q. Did you ask me what I had picked up I A. No.

SAMUEL TOBIT (Policeman, R 211). The prisoner was given into my custody—I told her what the charge was, and she said she picked the purse up—at the station she gave this bottle up, and said he had it given her—I asked the prosecutor if that was his; he said "Yes," and that the woman most have taken that too.

JURY. Q. What state was the prosecutor in? A. He was in a state of intoxication, but the other man was not—the prosecutor said there was 2l. 2s. and some halfpence in the purse—that was before I showed it to him.

GUILTY .— Confined Four Months.

Reference Number: t18620922-976

976. THOMAS EDWARDS (23) , Robbery, with violence, on John Conroy, and stealing from him 1 watch and 1 chain, his property.

MR. BEST. conducted the Prosecution.

JOHN CONROY . I am a porter, and reside at 2, New Inn-square, Shore-ditch—on Friday morning, 28th August, about half-past 12, I was on my way home—when I got within twenty yards of my own door the prisoner stopped in front of me, and put both hands up to my face—I put my hands

up, thinking he was going to strike me—I was then seized from behind by the throat by some other party whom I did not see, and my neck held down—I distinctly saw the prisoner from the position I was in—the lamp was at my back, and the light was shining on the prisoner's face—I distinctly saw his features—I had got on this coat buttoned up, and the prisoner kept working away at it, and the watch was taken away—he had his eyes on mine all the time—I was left insensible, and the persons ran away—when I came to, I found my watch and chain and hat were gone—I also lost a chronometer, which was found about 2 o'clock on the following day by a neighbour—she is not here—I gave a description of the person who had robbed me to the police at the station.

Cross-examined by MR. ORRIDGE. Q. You had never seen the prisoner before, I suppose? A. No—I am a porter at the Eastern Counties' station—I had been out all day at the Exhibition—I had been supping somewhere—I had had sundry glasses of ale, and three pennyworth of brandy; nothing else that I remember—no one was with me at the time of the robbery—I left a friend at the end of that street, about 200 or 300 yards off, perhaps—there was no one near but the persons who robbed me.

MR. BEST. Q. Were you sober? A. Yes—I am quite sure the prisoner is the person.

COURT. Q. Were you at all the worse for liquor? A. No, I was not—I had been drinking about an hour before this—I went to Drury-lane Theatre, and when we came out we had a pint of ale—I had nothing else after that—I had sundry glasses of ale through the day; that is what I meant.

JOHN GILROY (Policeman, G 126). I was in New Inn-square on the evening of 28th August, and saw the prisoner at a quarter-past 11 about 200 yards from there with two women—I said, "Get away from here;" they made no reply—I went round my beat, came back, and they were list lower down, half-way between where I saw them first and where the robbery was committed—that was about a quarter-past 12.

WILLIAM MILLER (Policeman, G 148). From information I received I sought for the prisoner, and found him on 31st in Boundary-street, Church-street, Shoreditch—I said to him, "Johnson, I want you;" he said, "What for?"—I said, "You will bars to come with me on suspicion of a garotte robbery"—I took him down Boatman's-row, and met the prosecutor—I asked him if he knew any one, and he said, "This is the scamp that robbed me."

COURT to JOHN CONROY. Q. Do you know whether it was a man or a woman who grasped you behind? A. I thought it must be a man by the pressure—I saw a woman near there at the time.

GUILTY .**†— Six Years Penal Servitude.

Reference Number: t18620922-977

977. LEWIS LEWIS (32) , Stealing, whilst employed in the Post-office, a post letter, an order for the payment of 1l. 1s. 6d., and a piece of paper value 1l., the property of her Majesty's Postmaster-General.

MESSRS. CLERK and METCALFE conducted the Prosecution.

JOHN TRENCHARD . I am assistant to Mr. Oakshott, who keeps the post-office receiving-houise, Queen's-road, Dalston—money orders are issued at that office—on 10th September I issued a money order, No. 122, for the payment of 1l. 7s. 6d., payable at the chief office, St. Martin's-le-Grand—when we issue an order we send a letter of advice—I did so by the same post—that was stamped the same as the order—we merely put the initials of the person who sends the order in the letter of advice—C. Frith is the

person transmitting the money, and J. Cording is the person who was to receive it—I had received the torn of 1l. 7s. 6d. on behalf of Mr. Frith before I issued that order.

CHARLES FRITH . I live at Dalston—I had occasion to send some money to Mr. Cording, in Paternoster-row—I procured from the post-office this money-order for 1l. 7s. 6d.—I inclosed it in a letter, written previously by my wife—I folded the letter and the order in a black-edged adhesive envelope, and addressed it to Mr. John Cording, Christian World Office, Paternoster-row—I then gave it to a boy of the name of Twhoy, who is in my service, to post—that was about twenty minutes past 4 on the 10th September—I never saw this letter (produced) till I law it at Bow-street—it is not my wife's writing—the signature to the order has been added since it left me.

JOHN JOSEPH TWHOY . I am in the employ of Mr. Frith—I remember, on 10th September, Mr. Frith giving me some letters to post—I posted them immediately, about a quarter or twenty minutes past 4, in a pillar-box which stands in the street.

JOHN CORDING . I am a publisher, at 31, Paternoster-row—I did not receive a letter from Mr. Frith inclosing a post-office order for 1l. 7s. 6d. on 10th September, or on the following day—I never received this post-office order, nor did I authorise anybody to sign it in my name.

CHARLES BLAKE GEATHE . I am clerk in the money-order office in Alders-gate-street—on the evening of the 10th, or the morning of the 11th, this letter of advice from the Dalston offioe came to our office—it authorises a payment by me of 1l. 7s. 6d. on the signature of J. Cording—about half-past 10, on the morning of the 11th, a boy named Evans brought this order to the office, wrapped in a note—he handed them both together to me—the order was then signed as it now is, "John Cording "—in the letter of advice it is J. Cording—I questioned the boy as to how he became possessed of it, and from the account that he gave I went to the door to look for the prisoner—I did not see him—I then took the boy to the solicitor's office at the post-office—he there gave a description of the person who had given the order and the note to him—the boy was in my shop about five minutes.

JAMES EVANS . I am twelve yean old, and am in the employment of Messrs. Tatterson and Fossey, of Ludgate-hill, as an errand boy—on the morning of 11th September my master sent me on an errand to London Wall—I went through Angel-street on my way—when I got to the top of Angel-street, near the post-office, the prisoner stopped me, and said, "Will you take these two notes into the money-order office?"—he gave me some paper at the time—I told him I did not know where it was—he said he would come and show me—he said, "There is a lamp over the door, you cannot miss it; I will come to the bottom of the street and show you"—he went to the bottom of Angel-street with me, and pointed out the moneyorder office—he said he would wait at the top of Angel-street—I went into the office with the two pieces of paper which he had given me, and gave them to the last witness—he asked me some questions as to how I became possessed of them—I then went outside with him to look for the prisoner, but I could not see him—I was then taken to the post-office, and I described the person who had given me the papers—on the afternoon of the same day I was with Mr. Clare, in Hoi born—I saw the prisoner there—he was on the right-hand side, and I was on the left—I have no doubt that he is the man who gave me the purse—I am sure he is the man.

Cross-examined by MR. MONTAGUE WILLIAMS. Q. Had you ever seen the

prisoner before this morning? A. No—I remember how he was dressed; he had the same coat he has on now, but not the same neck-tie or collar—he was in company with another gentleman when I saw him coming down Holborn—he went up with me slow outside the post-office.

MR. CLERK. Q. What sort of hat had he on? A. A round black hat; a hat with a round bowl at the top, and turned up at the sides.

COURT. Q. Was it a stiff hat? A. Yes, like that (pointing to one is Court)—when I was walking up Holborn Mr. Clare told me to look at the prisoner, and asked me whether I had ever went him before, and then I said he was the person who had given ma the papers—the penon who was with the prisoner was a constable in plain clothes; I don't know his name—I had seen him at the post-office.

WILLIAM JAMES DUNSTALL . I am an inspector of letter-carriers at the General Post-office—the prisoner was what is called an extra letter-carrier and sorter there, in the evening only—he came in the evening and sorted letters there, and then went on his walk in Fleet-street—that is in the same district as Paternoster-row, but not in the same walk—the prisoner was on duty on the evening of the 10th—a letter posted at Dalston between 4 and 5 o'clock would arrive at about 6.50, and he sorted a little after 7—the prisoner was engaged in sorting letters at that time—a letter from Dalston, to be delivered in Paternoster-row, would come into that district—he and two or three others would sort them—he sorts papers, packets, and letters—a few letters are always sorted every evenings—they come in by the same post an the papers and packets—I am sure he was sorting letters on that evening—I am acquainted with his writing—I believe this letter (produced) is his writing, and I believe this signature, "Charles Frith," to the post-office order is his writing—I have received several letters from the prisoner—to the best of my belief both these documents are in hit handwriting.

Cross-examined. Q. How many men are employed in the same department with the prisoner in sorting for that district? A. Three beside himself—the letter that would be delivered in Paternoster-row would not be delivered by the proper.

MR. CLERK. Q. Was not Bigley the person who was delivering letters in Paternoster-row that evening? A. Yes.

JOHN BIGLEY . I am a letter-carrier at the General Post-office—I was on duty on the evening of 10th September—I delivered letters in Paternoster-row—I delivered all the letters that came into my possession for Mr. Cording—I did not sort any letters myself that evening.

WILLIAM SMEE . I am a police-constable attached to the Post-office—on the afternoon of 11th September, in consequence of a communication, I went to 24, Castle-street; Holborn, and found the prisoner there in the second-floor back room—I asked him to go to the Post-office—I walked down Holborn with him on the south side, the right-hand side, towards the Post-office—I saw the lad Evans on the opposite side walking with Mr. Clare, in the broad part of Holborn—I noticed the prisoner look across the road on several occasions as though he was looking towards the boy, and I tried to draw his attention the other way—on reaching the Post-office I sent him upstairs with the inspector into the solicitor's office, where there were three clerks employed, and told him to sit down—the boy was afterwards sent into the same room to see if there was anybody there he knew—he came out and said there was the man there who gave him the order—the prisoner was dressed in the same coat as he has now, a neck-tie, a turn-down collar, and a billy-cock hat, turned up at the side—he was going to put on another at

his lodgings, but I told him to put out that—I found 6l. in gold, and 10 1/2 d. in silver and copper—I afterwards went back to his lodging and found some ashes of paper which had been burnt on the top of the coals—amongst those ashes I selected the pieces that I have now here; they are parts of a black-edged envelope—I found the remnants of a black-edged envelope recently burnt—I also found several sheets of writing-paper, one of which I brought away, and which appears to be the same sort of paper as the sheet that was with the order—the stamp corresponds.

Cross-examined. Q. He made no resistance, did he? A. I did not take him; I requested him to go, and he went—he walked down Holborn side by side with me.

WILLIS CLARK . I am an inspector of letter-carriers—on the morning of 11th September I heard the boy give a description of the person who had given him the order—he described the dress—I went with him in the afternoon along Holborn with Smee, the police-officer—Smee went up Castle-street, and I waited at the bottom with the boy—I saw him come down Castle-street with the prisoner, and when they got about twenty yards off, I said to the boy, "Did you see that gentleman who was with me?"—he said, "Yes, and that man who was with him was the man who gave me the order; I did not like to speak at first, because I was not quite sure"—I then walked down Holborn with him—in conseqnenee of the description the boy gave, Smee was sent to the prisoner's lodgings.

COURT to W. SMEE. Q. You soy that the prisoner had on the same collar and neck-tie that he has now? A. Yes, to roe best of my recollection—it was a turn-down collar, and the same sort of neck-tie; I believe it was a dark one.

GUILTY .— Four Years' Penal Servitude.

Reference Number: t18620922-978

978. ROBERT GRANT (16) , Stealing 80 yards of silk, value 14l., the property of George Frederick Wallis; also 50 yards of silk, value 13l., the property of Henry Tyler; also 89 yards of silk, value 23l. the property of Clement Crispe; to which he

PLEADED GUILTY .—Recommended to mercy by the prosecutors.— Confined Eight Months

Reference Number: t18620922-979

979. SAMUEL GEORGE DRIVER (25) , Stealing out of a post letter, whilst employed in the Post-office, 2 5l. Bank of England notes, the property of her Majesty's Postmaster-General.

MESSRS. CLERK and METCALFE conducted the Prosecution.

GEORGE CLARK . I am cashier to Messrs. Lawson and Sons, machinists, it Leeds—on 19th August, I had occasion, of their behalf to make a remittance to Mr. Stephen Cotton, who was employed by Messrs Lawson, to attend to their stores at the Exhibition—I wrote this letter (produced), inserting at the bottom of it the numbers and dates of two notes—they are mentioned here, 63,979 and 8,407—they correspond with the notes—I inserted the dates also—after I had written the letter, I handed it with the notes to James Ward, a clerk in the office, in order that he might put them in an envelope and send them off—my initials are on the notes.

JAMES WARD . I am clerk to Messrs. Lawson's, at Leeds—on 19th August, I received from Mr. George Clark a letter and two five-pound notes—I looked at the letter and put it in this envelope (produced)—I put the notes in the envelope also, and addressed it to Mr. Cotton, 6, West-terrace, Penton-street, Newington—I wrote the word "registered," as it appears now—I fastened the envelope with gum—we have a private letter-bag—I put the letter in that bag to go by the post that night; I locked the bag—they have a key

to it at the Post-office—I gave it to a messenger, named Letby—on the following morning Letby gave me this receipt (produced) for the registered letter which I had put in the bag the night before—he also gave me another one—I had sent two registered letters that night.

THOMAS LETBY . I am in the employment of Messrs. Lawson, at Leeds—I remember Mr. Ward giving me the letter-bag to take to the post-office on 19th August—I took it there and they gave me two receipts, which I brought back to Mr. Ward.

JONAS MANN . I am clerk in the Leeds post-office—on 19th August, I opened Messrs, Lawson's letter-bag—it is my duty to register any registered letters I find in the bags—Mr. Robert Peart gives the receipts for the registered letters.

Cross-examined by MR. ORRIDGE. Q. Did you take these two registered letters from the bag? A. Yes; and handed them at once to Mr. Peart.

ROBERT PEART . I am a clerk in the Leeds post-office—I was on duty on the evening of 19th August, and received a registered letter addressed to "Mr. W. S. Cotton, West-terrace, Penton-street, Newington"—I gave the receipt for that letter to the boy as a registered letter—when I receive a registered letter I enter it on a slip of registered letters; that one was No. 7; and then I send all the registered letters inclosed in that slip, in a registered letter-bag, to London—I myself tied and sealed that bag, and dispatched it on the night of 19th August, to London.

EDWARD SMITH . I am a registered letter clerk in the chief office in London—on the morning of 20th August, I was on duty there, and received the registered letter bag from Leeds, tied and sealed—I opened it and took out the registered letters; a slip comes with the bags; I compared the slip with the letters—among them there was one addressed to Mr. Cotton—I received that letter—that would be afterwards sent to the Southern office in a registered letter-bag from the chief office, with another slip containing the account of the letters—that is made out by Mr. Henry Vaughan.

Cross-examined. Q. Did you prepare that other bag? No; Mr. Vaughan—registered letters are not sorted on the railway I believe; but other letters are.

COURT. Q. What did you do with that letter on its receipt? A. The letters are sorted—the registered letters are in a distinct department; I had nothing to do with anything except the registered letters—I only receive the registered letter-bag from Leeds.

MR. ORRIDGE. Q. Have you any independent recollection of that letter except by comparing it with the slip? A. No; if the slip had not been put into my hand I should not have remembered that that letter had come into my hands—a number is put on the letter corresponding with the number on the slip—that is No. 7.

HENRY VAUGHAN . I am a registered letter-carrier in the General Post-office—on the morning of 20th August, I made up the bag with the registered letters which had arrived that morning, to dispatch them to the Southern district office—this (produced) is a list of registered letters forwarded from the Eastern central office to the Southern district office—amongst the letters which I so dispatched, there was one addressed to "Mr. Cotton, West-terrace, Penton-street"—the porter fetched up the letter-bag in my presence; I saw it tied and sealed.

Cross-examined. Q. You make up all the registered letter-bags, do you not? A. Yes; I had three to make up that morning, and this with the other two was given to the porter to seal—I saw him put the seal to them.

RICHARD HENRY PATRICK . I am a sorter at the Southern district office—on the morning of 20th August, I received the registered letter-bag from the chief office—it arrived tied and sealed with the seal of the chief office—it contained this slip and some letters, amongst which I found one addressed to Mr. Cotton, West-street, Penton-street—I had to send that to the Walworth office for delivery—I made out a list of the letters I was to send to that office—this is it—I forwarded the letter for Mr. Cotton with those letters—it was put into a bag tied and sealed by me, and given to a person named Clark, to send to Walworth; one slip arrived in the bag, and the other I made out myself when I forwarded the letters to Walworth.

Cross-examined. Q. Is this made out by you? A. Yes; not from any other slip, but from the letters that I have to send; the actual letters are put before me and I copy the addresses—there is a slip furnished to me from the Post-office and then I have to make out a list of those letters which have to go to Walworth.

WILLIAM CLARK . I am a sorter in the Southern district office—on the morning of the 20th August, I received from Mr. Patrick the registered letter-bag from the Walworth office—I put that bag into the Walworth general letter-bag, and saw it tied and sealed—I dispatched it by the mail driver to the Walworth office, about half-past 7 on the morning of 20th August.

Cross-examined. Q. Who did you see it sealed by? A. The porter, Lucas—there are porters engaged for that duty; there are two at each route—I stand by and see that it is done properly—I have to sign the way bill.

WILLIAM MAY . I came with the travelling post-office by the up night mail on the night of 19th August—there was a bag of registered letters dispatched from Leeds—that bag was not opened on the railway during its transit from Leeds to London—the registered letter-bag is put into a general letter-bag from Leeds; that is opened—the registered letter-bag is never touched—it arrives in the same state as it is dispatched.

Cross-examined. Q. Do you come all the way? A. I travel from London to Rotherham—I had the bag under my control—I received it at Knares-borough station—the general letter-bag is not opened until after it comes into my possession.

JOHN WILDMAN . I am the charge taker at the Walworth district office—the prisoner was employed as a letter-carrier in that office—on the morning of 30th August, the registered letter-bag arrived from the Southern district office at thirty-eight minutes past 7; it was properly tied and sealed at that time, and inclosed in the general letter-bag which came from that office, and which was also tied and sealed—I opened both bags; I found the list in the registered letter-bag, and the letter addressed to Mr. Cotton—I handed that letter, with another addressed to Mr. Jones, Newington-crescent, to the prisoner; they were both on his delivery—he signed this slip for them, and there is my signature at the bottom—I, at the same time, gave the prisoner I receipt docket to be signed by the person to whom the letter is delivered—the prisoner signed this paper at forty-one minutes past 7; he received them three minutes after their arrival at the office—I am quite certain it was before 8 o'clock—he left the office at fifty minutes past 7—the district he is upon is not an extensive one—the furthest distanoe he has to go is about six minutes' walk; it would take him about an hour to deliver an average quantity of letters—he should have delivered Mr. Cotton's letters about a quarter-past 8, I should think—he would finish his delivery at five miniutes

past 9—when he delivered the letter he should have got a signature to the receipt and have brought it back to the office—he had a small linen or canvass bag, similar to that (produced) to carry his letters in—into that bag he would put the registered letters as well as the others; the registered letters are given to him first, before he has the other letters—when he makes up the bundle he lays them in with the others so that they may be delivered in the ordinary course—he would get back to the office after concluding that delivery at five minutes past 9; at 10 o'clock for a fresh delivery—he would leave the office again for another delivery at 10.30; he would be back at 11.15 from that delivery, and then the next would be half-past 3—he would leave the office about 4, concluding that delivery at 5.10, I think—he would not come to the office at all between the end of the 10 o'clock delivery and the begining of the half-past 3 delivery—he would have that part of the day to himself—I am sure he returned for the 10 o'clock delivery that day; he signed the book, and also at half-past 3—I expect the receipt back the next morning—sometimes the person to whom the letter is addressed is away, and they have to go three or four times; they don't leave the letter without getting the receipt, not without a proper signature; the housekeeper's is a proper signature, or any person responsible in the house—the prisoner returned the receipt for Mr. Cotton's letter to the Southern branch on the following morning; I found it on a file there—he said nothing to me that day about a missing letter, or not having delivered a letter—I saw Mr. Jones' receipt also on the following morning.

Cross-examined. Q. When was it the prisoner told you that there was a complaint that the money was not in the letter? A. The following day—when he comes back to the office, he puts the receipt on the file without giving it to anyone—I compare them with the registered letters to see if they are all there—I cannot say that the prisoner put that receipt on the file; I found it there—I did not call his attention to it on the following day; but he told me in the afternoon that Mr. Cotton complained of there being no money in the letter—the receipt had then left the office—it might have been 10 o'clock the following morning—I did not communicate with the post-office, because he told me the gentleman was going to write to the office immediately, so I thought it was not my duty to interfere as he was going to do so—the prisoner remained at the office for four days afterwards—I should think I have known him ten years—I knew his father; he was a postman for thirty-seven years, and then a pensioner of the Post-office; he is dead now—the prisoner has always borne the character of an honest man—I have never heard anything to the contrary.

REBECCA JACKSON . I live at 6, West-terrace, Penton-street, Newington—the last week in August, Mr. Stephen Cotton was lodging at my house—I recollect the prisoner bringing a registered letter for him, on the afternoon of 20th August, between 4 and 5 o'clock—he had not brought a letter to the house before that day—he produced this slip of paper, which I signed and gave back to him—I put the registered letter that the prisoner delivered to me on the mantel-piece—Mr. Cotton came home about half-past 8, and I told him there was a letter for him—he shortly afterwards made some communication to me about that letter; and a few minutes after that, the prisoner called again to deliver another letter—I called him in, and took him up to Mr. Cotton's room—Mr. Cotton asked him what time he brought the letter—he said, "About half-past 4 or 5"—Mr. Cotton said, "It ought to have come in the morning"—the prisoner said he brought it as soon as he got it—Mr. Cotton then told him that there ought to be two

5l. notes in the letter, and asked him where he got it, whether it was from the General Post-office—he said, "No; from the Walworth office"—Mr. Cotton then took the number on the prisoner's coat.

Cross-examined. Q. You did not answer your door all that day, did you? you the prisoner did not come to the house before half-past 4? A. I was in the house all day—I did not go out before 8 o'clock that day—I noticed the letter was tied up.

STEPHEN COTTON . I lodge at 6, West-terrace, Penton-street, Newington, and am agent for Messrs. Lawson—on the evening of 20th August, upon coming home, I found this registered letter—I opened it, found the inclosure, but no notes—I saw from the letter it referred to some notes, and gave the numbers of them—I rang the bell, and Mrs. Jackson came up—I ultimately saw the prisoner—I did got take any particular notice of the letter before I opened it—I did not notice that it had been tampered with at all; it was tied at that time—I called the prisoner's attention to the fact of the registered letter not being delivered until between 4 and 5, and asked him how that was—he said he did not know how that was, he delivered it as soon as he could—he said letters were brought in the road-carts from the chief office to the Walworth office—I told him that two 5l. notes had been taken out, and asked him for his number, which he gave me—I put it down on the envelope, and he went away—he did not say a word to me about having brought the letter before 8 o'clock; he said he brought it as soon after he received it as possible—I telegraphed to Leeds next morning, received a message from there, and communicated with the Post-office authorities.

Cross-examined. Q. Have you had many registered letters? A. Yes—there was nothing unusual in the appearance of this letter.

JOHN GARDNER . I am senior clerk at the General Post-office—the prisoner was a letter-carrier at the Walworth post-office—I have seen this slip, signed by the prisoner, containing the entry for two registered letters; one addressed to Mr. Jones, Newington-crescent, and the other to Mr. Cotton, West-terrace, Penton-street—I saw the prisoner at the General Post-office on 25th August—he had been brought there—this slip was shown to him—he said he had signed for the two registered letters in the morning, after he had tied up his other letters and put them into his bag; that he put the two registered letters in the bag, went home, and did not discover them till 3 o'clock—he also said, in answer to some questions that were asked him, "I discovered one letter, and delivered it at 10 o'clock; I went home about half-past 11; I finished my eights about 20 minutes past 9, and went home and got my breakfast; I felt, in my bag at home, and found one letter, which I delivered, Mr. Jones's, with my tens; I got home at a quarter-past 11 o'clock; I ran home as fast as I could with the intention of looking for the registered letter, but something called my attention, and, I suppose, I forgot it; I had to cook my dinner, and did not see the letter till I was going to the office for my three"—he was asked what he did after dinner, and he said, "I laid down and had a sleep until I went to the office"—that was all that passed in my presence.

JOHN CHARLES SERRIS . I am a paying-clerk in the Bank of England—on 20th August, these two notes were presented at the bank, and cashed by me, to the best of my belief, about 2 o'clock—the bank closes at 4—it was not after half-past 3—I left myself at half-past 3—I should say it was about an hour before I left—they were both presented together by the same person—I cannot say who the person was—they were paid in gold; all

gold—I should say, with one single exception, all the sovereigns I paid on that day were new—I cannot say about the half-sovereigns; I paid old half-sovereigns.

Cross-examined. Q. I suppose you paid a great number of old half-sovereigns that day? A. Yes; it might have been paid at 11 o'clock in the morning.

MR. CLERK. Q. Have you got a book there? A. Yes; I began paying that day at 9 o'clock—to the best of my belief, I paid the notes about 2 o'clock—I have a list of all the payments I made that day, and that occurs about the middle—I judge by my book; it occurs on the fifth side out of six and a half.

MR. ORRIDGE. Q. I see the sovereigns and half-sovereigns are not entered here; only gold? A. Yes; I might have paid twenty half-sovereigns that day.

MR. CLERK. Q. Have you any recollection of any one asking for twenty half-sovereigns? A. No.

WILLIAM ALBERT HARRIS. I am clerk to Mr. Watney, land surveyor, of 26, Poultry—I know the prisoner—he has been in the habit of paying ground rent to us at different times for some time prior to 20th August—there had been a sum of 6l. 5s. 2d. due from him for ground rent—it was due on 24th June—I had written letters to the prisoner myself—on 5th August I received this letter from the prisoner, asking for more time for the payment of the ground rents—it was in answer to a letter which I had written to him—(Read: "Dear Sir, I am very sorry that you should have the trouble of writing, but having lost my sister lately I have been put to great expense; if you will let it go for another week, you will oblige. Yours truly, Samuel George Driver.")—on the afternoon of 20th August the prisoner called at Mr. Watney's office, about 2 25, and paid me 6l. 5s. 2d. for the ground rent; 6l. in gold, 5s. in silver, and 2d. in copper—our office is about two minutes' walk from the Bank of England—I gave him this receipt (produced).

Cross-examined. Q. He paid them for his mother, did he not? A. Yes—to the best of my belief, he always paid in gold.

WILLIAM SMEE . I am a police-constable of the Post-office—I was present at the office on Monday, 25th August, when there was an investigation about this letter—Mr. Gardner was then present—I heard what was said, and have heard what Mr. Gardner has said, but I think he had left some time when the prisoner said something—the prisoner was asked whether he went to the Bank of England on 20th August—he said, "No; after I had finished my tens, about a quarter-pant 11, I went home; I cooked the dinner, and after I had my dinner I laid down; I never went out until I went to the offices at half-past 3 for my threes"—he was asked if he was quite sure of that, and he said he was positive of it—I then accompanied him to his lodgings, which are three or four minutes' walk from the Walworth district office, and it would take about that time, or not quite so much, to go from the office to Mr. Cotton's—I unlocked a drawer at his lodgings with a key from a bunch which he gave me, and in that drawer I found this receipt for 6l. 5s. 2d., paid on the 20th—in the pocket of the waistcoat I found four new sovereigns, wrapped in paper—they are not here—they were each dated 1861—I asked the prisoner whose money that was, and he said, "It is money I have collected on behalf of my mother for ground rents"—I said, "Why, here is a receipt for ground rents; who paid this?"—he said, "I did"—I said, "When?"—he said, "I do not know; look at the receipt, it will speak for

itself; it has got a date to it"—I looked at the date and showed it to the prisoner, and he said, "Yes, it was the 20th of August, the same day as I received the letter"—I said, "What time in the day did you go to the City to pay it?"—he said, "In the afternoon"—I said, "Why, you stated at the office that you had never been out that afternoon"—he said, "Yes, I know I did; that was my mistake; I knew I went to the City, but I forgot the date."

Cross-examined. Q. It was after you had shown him the receipt that he remembered he had been in the City that day? A. Yes.

The prisoner received a good character.

GUILTY Recommended to mercy by the Jury. .— —Three Years' Penal Servitude.

NEW COURT.—Thursday, September 25th, 1862.

PRESENT—Mr. JUSTICE KEATING; Mr. Ald. LAWRENCE; Mr. Ald. BESLEY;

and Mr. COMMON SERJEANT.

Before Mr. Justice Keating.

Reference Number: t18620922-980

980. JOHN CLAY (46) , Feloniously cutting and wounding Henry Howard, on his head, with intent to kill and murder him. Second Count, with intent to do him some grievous bodily harm.

MR. ROBINSON, for the prisoner, stated that the prisoner would plead guilty to unlawfully wounding, to which MR. METCALFE, for the prosecution, assented, the prisoner and prosecutor being brothers-in-law. THE COURT, having consulted MR. JUSTICE BYLES, considered that although this course had been permitted in certain cases, yet in the present cast, however painful the disclosures might be, there was no public ground for adopting the course suggested, and the case must take its ordinary course; but that the Court did not wish to establish a precedent, this decision applying only to the present case.

HENRY HOWARD . The prisoner married my sister—she was living at Colchester-house, Bromley-street, Poplar, at the time this happened, and I was staying there at her request—the prisoner was not living with her at that time—on Wednesday, 10th September, I had gone to bed on the first-floor, and my sister was sleeping in the room below me—there was nobody else in the house, and I did not know until I was awoke, that the prisoner was in the house—he was living at West Ham—I heard a noise towards morning as if it came from my sister's room—I then heard a scuffle, and almost immediately afterwards a loud noise at my bedroom door as if from a kick—the next kick smashed in the panel, and the prisoner rushed into the room with a cutlass in his hand—I believe that cutlass was kept in the house—I had seen it there two or three years before—I had just awoke out of sleep—I had been asleep since 11 o'clock, and I believe I got to the edge of the bed—he began to cut at me with the cutlass—I rushed on him to close with him, and in the struggle I forced him out of the room on to the landing, but before we got out of the room he cut me on the forehead—I do not know whether that was the first blow—he got the better of me outside the room, and I was thrown on my back—I rather think it was down the next landing, down five steps, that I was thrown—I believe I got on my legs as quick as I could, and I got on some steps—there was a further struggle as soon as I regained the landing—I ultimately secured him, and forced him into the room again, during which time I got some slight bruises—there was a cut on the stairs about half an inch deep; a piece was cut out—I do not know how it was done; it was not so before—it appears to have been cut with

some cutting instrument—I fancy that he was flourishing this cutlass about on the staircase, but I was not sufficiently conscious to say—I held him till the police came, and in that last struggle the sword dropped from him.

Cross-examined by MR. ROBINSON. Q. When he came into the room and made a blow at you, did he say, "You shall get out of this house?" A. I cannot say particularly what he said; he rushed in with great violence—I will not say whether he said, "You shall go out of the room and out of the house"—he made some coarse observation, you d—d thief, or something of that kind—he made a direct cut at me when I was on the edge of the bed—I mean to represent most decidedly that I was cut when I was on the bed, and the blood was on the sheet and blanket—I slept in the same bed that night—after I had received the cut I went down five stairs—there are fire stairs from the top landing—I then rushed up again, and over powered the prisoner—I did not strike him or grasp him by the throat—I heard him call out "Murder," but not till I had him down and disarmed him—he had no chance of breaking a window and calling "Police"—I had him down when the police came—it was his house, and his wife was living in it—I have several relatives in the neighbourhood—I know nothing of his declining to live in the house while his wife's relatives, myself and others, lived there—two and three-quarter years ago he came into the room where I was; my sister had been telling me about his ill-usage, and he said, "Henry Howard, let our acquaintance cease," if that is forbidding me the house, he did so—that is all that took place—I never had an angry word with him up to that period—he has not forbidden me the house since—I have never seen him, except twice the Commercial-road—I charged him with an assault before a Magistrate a short time since; that was dismissed—his wife told me that she was in the habit of going to West Ham on Sundays—she told me that she was so afraid of his violence that she dare not go out—I have no doubt that she let him in on this occasion—I have seen the cutlass many times in the room where they slept—it was generally down by the bedside.

MR. METCALFE. Q. Why were you in the house? A. About a couple of months ago my sister told me something, and requested me to come there as a protection to her—it is an eight-roomed house, but only two rooms were furnished, and she did not like to sleep in it alone.

JOHN SAUNDERS (Policeman, K 56). On 10th September, between 12 and 1 o'clock, I was on duty in Bromley-street, Poplar, and heard screams of "Murder" and "Police" proceeding from Colchester House—I went there as quickly as possible, and saw a female at the door, who begged me to hasten up to the second-floor front room—I did so, and found the prosecutor and prisoner struggling—the prisoner was undermost, being held down by the prosecutor—I separated them, and asked them the cause of the disturbance—the prosecutor said that he should give the prisoner in custody for cutting him on the head with this cutlass (produced), which I found under the bed—I told the prisoner he would have to accompany me to the station; he made no reply—on the way to the station he said that he had done no more than he should do again on finding a thief and a vagabond in his house—he was fully dressed, with his coat on, similar to what he is now—the prosecutor had nothing on but his shirt, and was bleeding profusely from a wound over the left eye—there was blood on the sheets, as if it had commenced there—after the prisoner was locked up, I went and examined the top stair, and found this piece (produced) had been cut out of it by some sharp instrument—the panel of the bedroom door was smashed in—

the prisoner was perfectly sober, but very much excited—I did not smell his breath.

Cross-examined. Q. Were not the words that the prisoner used that he had done no more than what a man had a right to do in his own house? A. Yes; those were the words used, I believe—he told me his object was to turn this man out of the house—he did not tell me it was his house, but he said that the prosecutor had no business there.

MATHEW BROWNFIELD . I am a surgeon, of 3, Eastcott-place, East India-road—I was called to the police-station to see the prosecutor—he had an incised wound on the left temple, about two inches long, down to the bone—it is not very deep there; the bone is very close to the surface—it had not penetrated the bone, which it would if it had been done with great violence—it bled very profusely, on account of an artery being divided.

Cross-examined. Q. Would it not be rather a mild blow with such a weapon as this, for a man who was determined to kill another? A. I think a heavy blow with this would have gone through a man's skull, unless it was very thick—it would not be long getting to the bone; it is only skin and integument—this only occurred a fortnight ago yesterday.

GUILTY of unlawfully wounding. Recommended to mercy by the prosecutor.—

Confined Nine Months.

Reference Number: t18620922-981

981. HENRY OGILWY (26) , was charged on the Coroner's Inquisition only, with feloniously killing and slaying a male child, upon which MR. SLEIGH,for the prosecution, offered no evidence.

NOT GUILTY .

Reference Number: t18620922-982

982. MARIA MARSH (36) , Feloniously killing and slaying James Marsh. She was also charged on the Coroner's Inquisition with the like offence.

MR. SLEIGH conducted the Prosecution.

ELIZA MANNERING . I am in the service of Dr. Parfitt, 24A, Pall Mall—on Saturday morning, 2d August, a man rang the visitors' bell, and left a hamper with me, directed "Dr. Parfitt, with care"—I heard a noise, and carried it to the consulting room—it was opened in my presence, and I found in it a living child—it appeared in a dying state—the doctor and I did all we could to restore it, and gave it a warm bath—I subsequently carried it to St James's Workhouse, and left it in the hands of the authorities—it was delivered to me at 10 o'clock in the morning, and I left it at the workhouse about a quarter past 11.

COURT. Q. Was the child wrapped up in the hamper? A. It was dressed in night-clothes—there was no covering over its face—the legs were rather turned up, as the hamper was not long enough.

HENRY PARFITT . I am a physician, of 29A, Pall Mall—my servant called my attention to a hamper, and I found in it a male child, in a state of rather—I ordered it to be placed in a warm bath, and the chest sprinkled, so as to produce respiration, and sent it by my servant to the workhouse—I saw no marks of violence on it—it was between two and three months old—I know nothing of the prisoner.

JOSEPH BUNCE (Police-sergeant, C 27). On, 2d August, I was sent for to Dr. Parfitt's—a male child was given into my charge, and I conveyed it to the workhouse, and gave it to the authorities—on Saturday, 16th August, about a quarter past 7 o'clock, I was sent for to St James's Workhouse—I saw the prisoner there, and told her I was informed that she came to give some information as to who the mother of the child was—she said that the mother had been living with her at 18, Canon-street, Commercial-road,

East, and her name was Ann Bivin—I asked her how she knew that to be the mother of the child—she said because she was confined in her apartment at that address, and that she had lent her articles of child's wearing apparel, a night-cap, flannel-shirt, and other articles, as she had none to put on for the child, and that she had seen the clothes on the child, which were a portion of some she had lent her, and one napkin was missing, which was burnt at two corners by placing it on a fender—I told her to accompany me to Vine-street station, which she did, with the master of the workhouse—I left her there in conversation with the inspector, changed my uniform for private clothes, and, after she left the station, I followed her to 60, Chandos-street, Charing-cross, a baker's shop—I went to an upstairs room, and found her there—I said to her, "I thought you lived at Canon-street, Commercial-road, East; you must accompany me to the station again, and probably the inspector will ask you a few more questions"—on the way to the station I asked her if she had any family—she said that she had three children—I asked her how old the youngest was—she said, "About six weeks"—I asked her where that child was now—she told me to mind my own business—I asked her where she was confined of the child—she said that she should not tell me or any other person—I took her to the station, and then went back to the house, and found some napkins and other articles—I took a bundle of them to the station, and opened them in her presence, but she said nothing—I took her to the inspector's office, and said, "I shall charge you on suspicion of causing the death of the child, by sending it to 29A, Pall-mall"—she said, "I will tell you the truth; I was nearly starving, and I had no means of supporting myself or my child but the breast; I sent it to Dr. Parfitt, he being a relation of mine; by my brother-in-law, the young man who you saw at my lodging; it was well and hearty when I sent it in the hamper, and the last thing I gave it was the breast."

CATHARINE RYAN . I am a nurse at the Strand Union workhouse—on 22d June, the prisoner was delivered of a male child there—she left on 12th July—it was called James Marsh—I afterwards went to recognise her at the House of Detention, and asked her what made her serve her baby so—I said, "You know where you came to in your first trouble, and you knew where to come to again"—she said that her brother-in-law persuaded her to do so.

JOHN GEORGE FRENCH . I am a surgeon, of 41, Great Marlborough-street—I was called to see the child—it was in a dying, sinking state—it died twelve hours afterwards—I made a post-mortem examination—it appeared to be about two months old—the brain was congested, but no other organ had anything the matter with it—I cannot at all account for the cause of death—there was no external violence, nor any trace of poison, or anything that would give a direct ground to form an opinion—if a child of tender age was put in a hamper and carried about town, I think that might conduce to its death; it would be a very dangerous proceeding—that would cause prostration and exhaustion.

The prisoner produced a written defence, stating that the child's father was in Canada with his regiment, that it was sickly from its birth, and the doctor ordered her to suckle it, but she could not do so, as she was sinking for want of common necessaries, and therefore sent it to Dr. Parfitt, hearing that he was a distant relation of her mother's.

GUILTY .—Strongly recommended to mercy by the Jury on account of her forlorn and destitute condition.— Confined Fourteen Days

Reference Number: t18620922-983

983. WILLIAM HOOK (18) , Unlawfully casting certain day against a carriage on the Great Western Railway, thereby endangering the safety of the passengers.

MESSRS. SLEIGH and ROCHFORD conducted the Prosecution.

JOSEPH SURMAN . I live at Conley Brick, in the parish of Hillingdon—on Sunday afternoon, 14th September, about 3 o'clock, I saw a train on the Great Western Railway, going in a direction from West Drayton to Uxbridge—I was in a lane near the rail—the prisoner was there, and I saw him pick up a, clod of dirt—I thought he was going to throw it at me, and I ran away—he then said, "I am b—d if I do not throw it at the b—y train"—there was a train coming along, and I said, "Don't, you b—y fool, you will get us both transported"—he threw it at the train—I did not see it hit, but I heard it smash the carriages, and then I ran away—the clod was pretty nigh the size of a brick, and it was not very soft.

COURT. Q. Was it mud or earth? A. It is a muddy lane, and when the dirt is dry it is very hard—it was the clay of the road, not brick earth—I saw him throw it over the hedge, and heard it hit the carriage.

RICHARD GARDINER . I am one of the railway guards on the Great Western Railway—on Sunday afternoon, between 2 and 3 o'clock, I accompained the train from West Drayton to Uxbridge, and when I got there I found one of the windows of one of the carriages smashed—there waa no passenger in that carriage—I found on the floor of it the fragments of a lump of earth—the plate glass was knocked from one side of the carriage to the other—it must live been a good weight—there were passengers in the next compartment.

WILLIAM NORRIS NEAVE (Police-sergeant, T 28). I do duty at Uxbridge—I took the prisoner on Monday afternoon, and told him I was going to take him for throwing a stone at the train—he said, "I have not thrown at any train, and I was not there at all"—he afterwards asked me who saw him throw at the train—I said that he would see to-morrow—he said, "I know I threw, but I do not know whether it went through the hedge or over the hedge; it was only at some birds."

The prisoner's statement before the Magistrate was here read as follows:—"I am sorry I done it."

GUILTY ; but the Jury did not wander that he contemplated the consequences of hit act.— Confined Three Months

(There was another indictment against the prisoner.)

Reference Number: t18620922-984

984. ELLEN REGAN (45) , Feloniously killing and slaying Ann Farrell.

MR. ATKINSON conducted the Prosecution.

JAMES FARRELL . I have lived for fifteen years at 13, King's Head-court, Westminster, and am a retired umbrella maker—Ann Farrell was my wife—she was seventy-five or seventy-eight years of age—she was returned as seventy-eight—she was ailing two years before this, but had recovered herself remarkably—her sight and bearing were good, and she was an active, good, soldier's wife—I was a soldier for twenty-two years in the Cameronians—on Tuesday, 29th July, between 4 and 5 o'clock, I heard a noise, and went to the door—the prisoner rushed into my parlour and took a seat—she used very bad expressions, which I did not like, and I turned her out by great force, being an old man—she appeared to be drunk—I pushed her out in the street from my door—I then went into my parlour, and left my wife standing at the door—I was sober: I have never tasted a drop of intoxicating drink for twenty years—I then saw the prisoner rush at my wife, and get hold of her hair, and bring her down on to the pavement with great force—

there was not a bone from her ankle upwards that was not broken—I got a cab and took her to the hospital—she was a healthy woman and might have lived a considerable time—I am eighty-two, and am a strong healthy man.

Cross-examined by MR. MATTHEWS. Q. Do you know the prisoner? A. No; she was quite a stranger—she did not ask for her sister—I did not strike her when she came in—I had not a stick in my hand—I pushed her out as far as my strength allowed me, but it was some time before I could get her out—she did not fall—my wife was coming down stairs when the prisoner first came in—my wife did not say a word to her—she had never seen her before, to my knowledge—I went into my parlour to put some coals on, and during that time, she rushed over and forced my wife into the street, and knocked her against the palings—it was all done in a quarter of an hour—it was two or three minutes after I pushed the prisoner into the street that she came up to my wife, and during that time I was putting coals on—I did not call the prisoner a Protestant turn-coat—I am a good loyalist—I believe the prisoner and my wife both fell on the pavement—I did not afterwards observe that the prisoner's clothes were torn, but I saw a parcel of women knocking the prisoner about, and she deserved it—it is about a yard from my house to the street—there are two or three steps, and my wife was standing close to them on the step of my door.

CATHERINE CONDOR . I am the wife of Michael Condor—I was sitting on the step of my door, about 4 o'clock in the afternoon, which is opposite Farrell's, and saw the prisoner come up just as if she was drunk—she walked up and shook hands with Mr. Farrell, who said that he did not know her—she said that she had known him many a long year, and did not know anything bad of him—she turned into his place and he went in also—the prisoner having had a drop of drink did not want to come out, but Mr. Farrell shoved her out and she fell on the kerb-stone—when she recovered, she went and caught the old lady by the waist, lifted her up, and slipped her down on the stones—she did not fall on her.

Cross-examined. Q. Are you sure she did not fall? A. I did not notice it—the prisoner's sister lives next door to me in King's Head-court—I have often spoken to the prisoner before, and in a civil manner too—I never called her a Protestant turn-coat—I am a Catholic, I never denied my faith for you or anybody else—I am not one of the women who pitched into the prisoner—I saw others do so, but it was not my business to save her after committing murder.

MARY ALDRIDGE . I reside in King's Head-court—on 29th July I saw the prisoner in Mr. Farrell's parlour—Mrs. Farrell was up stairs lying down—the prisoner made use of very coarse language both to him and to me, and he pushed her out—Mrs. Farrell then came down and went into the parlour—she afterwards rose from the seat and went to the street-door—the prisoner took her by the arm and shoulder and threw her violently out on to the kerb—she was picked up and appeared perfectly lame: she could not use her legs at all.

Cross-examined. Q. Were you there all the time? A. Yes; I was on the stairs when the prisoner went into the parlour—I saw her throw Mrs. Farrell out, and it was a great mercy she did not split her skull open—the prisoner did not fall when she was pushed out—I am quite certain of that—I was two or three yards off, not more, when she took hold of Mrs. Farrell.

MARY ANN ANDERSON . I am the wife of John Anderson—I was opposite Mr. Farrell's door and saw the prisoner go in—she was very drunk—I saw Mr. Farrell shove her and she went down on the kerb, not down the steps—

Mrs. Farrell came out and the prisoner pulled her by her grey hair, and pulled her down on the stones—she was taken up and taken to the hospital—I was very much excited at seeing the old woman ill used, and I struck the prisoner.

Cross-examined. Q. Were you exactly opposite this place? A. Yes; I live at No. 4, which is only one door from opposite—when Mrs. Farrell fell, the prisoner did not fall with her.

JOHN LANNAHAN . I am a stoker to a gas company, and live in King's Head-court—I saw the prisoner in King's Head-court between 4 and 5 that afternoon—I was in bed and was awoke by her disgusting language in the court—I got out of bed, and saw her go across to Mrs. Farrell's, who she brought out by the hair and threw her across the court—she fell on her side with force.

Cross-examined. Q. How far off were you? A. Sixteen or eighteen yards—I did not see the prisoner fall.

ARTHUR BEADLES . I am house-surgeon at Westminster Hospital—the—I deceased was brought in on 29th July, but I did not see her till the 30th—she had a fracture of the thigh-bone—I tried all that medical skill could do, but being a very old woman she sank and died—she was under my treatment three weeks or a month.

Cross-examined. Q. In a woman of that age, would the bones be much more brittle than in a young one? A. Yes; an injury not fatal to a young woman might be fatal to a woman of that age.

MR. MATHEWS to JAMES FARRELL. Q. Is it a fact that the police refused take this charge? A. Yes; I gave her in charge and they would not take charge of her—I went down next morning and wanted to have the woman taken.

MR. ATKINSON. Q. Was the prosecutor present when the assault took place? A. No.

COURT to ARTHUR BEADLES. Q. What was the cause of death? A. Irritation set up by the fractured ends of the bones, in the joint itself—the slightest slip from the kerb would do it.

MR. MATHEWS. Q. If the old woman had fallen down of herself, would it have happened? A. Ten to one the fracture might have happened before the fall.

GUILTY .— Confined Six Months.

THIRD COURT.—Thursday, September 25th, 1862.

PRESENT—Mr. Ald. GABRIEL; Mr. Ald. PHILLIPS; Mr. Ald. BESLEY;

And Mr. COMMON SERJEANT.

Before Mr. Common Serjeant.

Reference Number: t18620922-985

985. KAUFMAN KAUFMAN (35), and JACOB GOODMAN (30) , Breaking and entering the warehouse of Robert Smith and another, and stealing therein 517 whips, their property. No evidence was offered against

GOODMAN— NOT GUILTY .

MR. ORRIDGE conducted the Prosecution.

ROBERT SMITH . I am a whip-maker, living at 1, Barbican—on Wednesday night, 3d September, I lost a quantity of whips from my place, to the value of about 130l. or 150l.—the place was not broken into—the next time I saw that property was on Friday last, in the possession of Huggett, the

detective officer, and others—I had last seen it safe at about 4 o'clock on the 3d—I do not know Kaufman or Goodman at all—I left my premises about 7 o'clock, and law that they were securely fastened—no one sleeps on the premises.

COURT. Q. What parish is your warehouse in? A. St Giles', Cripple-gate.

JOSEPH HUGGETT . I am a detective of the City police—in consequence of some instructions I received, I went with Green and Smart to Cannon-street-road, St George's—after remaining there a short time, I saw Goodman and Kaufman in the street together—after a few minutes they entered 96, Cannon-street-road, occupied by Goodman—a servant girl came out afterwards; the door was left open, and we entered the house—I proceeded upstairs, and met Goodman coming down—I tried to open the door of the first-floor back room but could not—I allowed Goodman to pass—shortly afterwards he came upstairs; I told him I could not open the door, and he took the key and immediately opened it—the house was a sailors' lodging-house, kept by Goodman—I found Kaufman in the room—I looked under the bedstead and found an old wooden case, containing 517 ladies' and gentlemen's riding whips—Green was with me—I said, "We are police-officers; I have every reason to believe that these whips have been stolen from the City some week or two back; what account can you give of your possession of them?"—he said, "I know nothing at all about them, therefore I can give you no account"—Goodman was in the room; I said, "Goodman, what account can you give me?"—he said, pointing to Kaufman, "That man brought them into my house about half an hour back; they were brought in a truck, and a boy was with him"—Kaufman made no answer to that—I took possession of the whips, and brought the two men to the Old Jewry police-office—I took Goodman from there in a cab to Moor-lane police-station—Kaufman was with another officer—the whips were afterwards shown to the prosecutor, and he identified them.

HENRY FREEMAN . I am a wholesale clothier, at 90, Leman-street, Whitechapel—I have known Kaufman three or four years—he had a beer-shop when I first knew him, and of late I have known him to manufacture slippers—he supplies wholesale houses with slippers—he came to me lift Sunday fortnight, between 11 and 12 o'clock I should say, in the morning—he said, "I hear that you are shipping, and I think I have got a little lot of goods that will suit you"—I said, "Very well"—he said, "If you come to my house, I will show you"—I went with him to his house, 96, Cannon-street-road—he took me into a ware-room on the right-hand side of the passage; he opened a handle with about twenty-five whips—he told me there were between five hundred and six hundred—I said they were goods that I did not know anything about, and I should decline buying them—Kaufman and I then left the house together—just as we got out at the door we met Goodman, who made a full stop as he was going past, and said, "Hallo, what brings you here?"—I said, "Mr. Kaufman wanted to sell me a lot of whips; I don't understand what they are, and I declined buying them"—Goodman said, "Kaufman, if you have a lot of whips, no doubt I could sell them for you"—these (produced) are riding-whips, something like those produced by Kaufman.

Cross-examined by MR. RIBTON. Q. What day was this? A. Last Sunday fortnight—I am sure of that—I do not know the day of the month—I was examined at the police-court last Saturday—I then said "Sunday coming fortnight," not "last Sunday fortnight"—I had never been to Kaufman's

house before—I was fetched there by him on this occasion; he cam to my house for me—I did not meet him—Goodman was coming from the direction of his own home, past Kaufman's—I do not think he was going into Kaufman's; he just passed the door and saw me coming out—I left Goodman and Kaufman together—I do not know what they spoke about after I left them—I suppose they are acquainted; I do not know—I am no particular friend of Goodman's—I have known him eight or nine years—I have not done any work for him—he has brought some business to my house, as an agent—he is not an agent of mine—he keeps a lodging-house, and I keep an outfitting shop as well as a wholesale house—he brings me sailors as customers, and I rig them out—he has been in the habit of doing that this five or six years—I pay him a commission for every person he brings me; so much in the pound—I was told on Saturday that these goods were found in Goodman's house—I was called at the police-court as a witness for him, and gave my evidence—I saw a bundle of about twenty-five whips at Kaufman's—I cannot say that these are the same whips produced to day—I have not known what business Kaufman is in—I stated at the police-court what I have stated here—I do not live near Goodman; I live in Leman-street, and he lives in Cannon-street, Commercial-road—I saw also lots of slippers hinging up in Kaufman's house; I believe he sells them—some of the whips were on a cutting-board in his workshop—I did not see anybody else in the room—Kaufman is of the Jewish persuasion, and Goodman also, I believe.

MR. ORRIDGE. Q. It is not a very unusual thing for a person to receive a commission who introduces customers to your shop? A. No—sometimes they take them to one shop and sometimes to another; they are not particular.

JULIA LEE . I am servant to Mr. Goodman, and have been for two years and a half—I remember the day when the police came to my master's house—I had seen Kaufman that morning, about a quarter of an hour or rather better, before that—he same with a boy—I cannot say whether they had my vehicle—I saw him and the boy standing at the door with the box of whips—I cannot say that this is the box; it was covered—Kaufman rapped it the door, and I opened it—he said, "Never mind the door; you can go away; I will shut the door"—my master was not at home then—he came a about ten minutes or a quarter of an hour afterwards.

Cross-examined. Q. Were you called also to the police-court on behalf of Goodman? A. Not on his behalf—I was called to speak what I had seen—I went there with Mr. Joseph, Goodman's wife's brother—Joseph said, "Will you speak the truth of what you have seen?"—he asked me if I had seen the things come in—I did not know then that my master was charged with stealing the things found in our house; I was not aware that he had stolen them—I could not say what he was charged with until I went up and saw the whips—I knew he was charged with something, but did not know what—I knew he was in custody—Mr. Joseph said to me, "Did you see anything come in with Mr. Kaufman?" and I said "I did"—when I said that, I knew my master was at the station—it was on a Friday afternoon that I opened the door; it might have been 3 or 4 o'clock—a boy brought the box—I do not know how he brought it—it stood on the steps of the door when I opened it—I did not know the boy—I knew afterwards what was in the box, but I did not know at the time—I cannot tell what was over the box, it was covered over; the boy had his leg on it, waiting for the door to be opened—my master was out when it came—I do not know where he was; I did not ask him—I do not know where the things were taken—I opened the door and

left it—when my master is out I generally look the doors and leave the keys in them—I cannot say whether they were looked at this time—my master came in about ten minutes or a quarter of an hour after Kaufman—I cannot say where he went to—I am quite positive Goodman was not in the house when Kaufman came; I am generally about from one room to another—I cannot say when he went out that morning—I saw him go out once, but then he came in again.

MR. ORRIDGE. Q. Were you present when the officers and Kaufman were in the room? A. No; I was called up when the officers were up stairs.

COURT. Q. Were you and Mrs. Goodman and Kaufman present at any time together in the same room? A. Yes; Mrs. Goodman called me up when the inspector came in, and she said, "I did not know anything was in my room; call up the girl;" and I went up stairs—she said, "Who did you let in with those things?" I said, "Mr. Kaufman and the boy"-—Kaufman was in the room and heard that, but did not say anything.

MR. RIBTON. Q. Were the police there at that time? A. They were—the policemen came about a quarter of an hour or twenty minutes after the box came.

DANIEL JOSEPH . I live at 107, Cannon-street-road, St. George's-in-the East, and am a cap manufacturer—I know Kaufman—about a fortnight back I met him in the street—he told me he had some goods for sale—I asked him what sort and he said, "If you come home I will show you"—I went home with him, and he showed me four or five small whips similar to these—I told him that I did not understand the goods, but would find him a customer if possible—I cannot swear to the number that he had of them—I afterwards met Mr. Barnett Barnett and took him to Kaufman's.

Cross-examined. Q. Are you a friend of Goodman's? A. No friend—I have known Kaufman three or four years, and Goodman by sight for the same time—I have been to Goodman's, not often—I have not been doing anything at his house, I merely paid him a visit—I have never dined with him—I have paid him visits four or five times, never about business of any kind—I was not brought here; I was subpoenaed here by Goodman's attorney—I was not examined before the Magistrate—I had not mentioned to any one the conversation which I have just detailed—I only told my wife of it—I knew last Saturday evening that Goodman was brought up before the Magistrate on a charge of receiving or stealing a lot of whips—that was after he had been committed for trial—my wife told me of it when I came home, and I went down to Mrs. Goodman—I was just passing and the door was open, and I asked her about it—that accounts for my being here.

BARNETT BARNETT . I live at 2, Barnes-buildings, Houndsditch, and am a dealer in general stores—I remember meeting Mr. Joseph a few days since—from what ho said to me, I went with him to Kaufman's warehouse—I did not see Kaufman there at first, but Afterwards I did—he told me he had a lot of whips to sell—they were in a box like this one—he said there were something over five hundred—he asked me 3s. each for the whole five hundred—I told him I was no particular judge, but if he gave me a samples I might show them to a party who might buy them—he would not give me a sample, and I declined to purchase them.

Cross-examined. Q. Did you know of Goodman being charged before the Magistrate? A. No; I heard in the evening, of his being committed; a relation of his came to my house—I was in the country on Saturday, and did not hear of it till late on Saturday night, after the committal—his relation did not tell me that he had called witnesses at the police-court—he did

not tell me that a Mr. Freeman and Julia Lee had been called—the conversation between Kaufman and me, was in the front room, where then were slippers hanging—I went there because he asked me to walk in there—I did not meat him by accident—when I came to his house his wife, said he was not at home, but at a concert-room over in Whitechapel, and while we were gone there, he got home before us—I was subpoenaed here by Goodman's solicitor.

JACOB GOODMAN . (The prisoner.) I am a lodging-house keeper, at 141, Cannon-street-road, St Gtorge's-in-the-East—I first saw Kaufman in reference to these whips last Sunday fortnight—I have known him this last three or four years—he has lived near me latety—last Monday fortnight, I was walking down the street where I live, and met Kaufman coming out of his house with Mr. Henry Freeman—Freeman said to me, "You ought to see the whips Kaufman has got to sell"—Kaufman said, "Do you think you can get a customer for them?"—I said, "If I can, I will try—he did not show me the whips then—the following Saturday I met a gentleman samed Ridledge, who keeps an office at 65, Old Bread-street—I saw Kaufman on the following Sunday at his own place with that gentleman, and he showed me one whip for a sample—the gentleman said, "That is not the my I do business; you must show me a fair sample of every one of them, sad tell me the price of them, how many there are of every one of them,—Kaufman said, "I will send you a sample"—on the following Thursday Kaufman came to me and brought me a sample—it was tied up—I did not see what was inside—there was a piece of paper with it—I took it to the gentleman's office; he was not at home, and I left it there—I saw Kaufman next on the Friday, the day that we were both taken in custody—the sample was in a little box tied up in paper—it was not in my house—I met him in the street and he gave it to me—on the Friday the gentleman came and said he must look at the whole lot of them—I went by myself to Kaufman's house—Kaufman was not at home—an hour afterwards Kaufman came to my place and said, What do you want of me?"l—I said, u Those gentlemen went to me the whole of the whips"—he said, "Well, if they come about 3 o'clock, I shall be at home"—I came home about half-past 3 and the whips were then at my house—I went up stairs and saw them, and a little while after that the police came in, while I was up stairs with them, Kaufman heard the row and said, "What's that? for God's sake go down and shut the door"—I did so, and locked the door—these are the whips that he brought—we were then both taken in custody by the officers.

Cross-examined. Q. Were you to have gone to Kaufman's house with the gentleman to look at the whips? A. Yes: I do not know whether the gentleman is here, I have not seen him—I know him—he keeps an office in Old Broad-street—I gave a card of his office to the officer—there was only one gentleman when first I saw him—there was no arrangement with me that Kaufman should bring the whips to my house—the gentleman came to me because I introduced him to Kaufman—I do not know whew he was to go to see the whips—Kaufman never told me where he was to go—I went to Kaufman's house to tell him the gentleman wished to see the whips—I did not know they were at Kaufman's house—he was not to go to Kaufman's house that I know of—when Kaufman asked me to go down and lock the door, I asked him what for, and he said, "Come up and I will tell you"—after it was locked I suspected there was something wrong, but not while I was locking the door—it was so quick—I did not call any witnesses before the Magistrate—Henry Freeman was called for me, and also Julia

Lee, my servant, who had seen the whips come into the house—I did not call them—I did not know they were coming—after hearing them the Magistrate sent me for trial.

MR. ORRIDGE. Q. Were you to have any commission for the sale of them? A. Yes; 1d. each.

COURT to ROBERT SMITH. Q. You say your house was not broken open; how did they get in? A. They got through an empty house into the yard, and the inner part of my premises are always open, because I keep a ferocious dog—when they get inside the yard they would not even have to open a door.

The prisoner received a good character.

GUILTY .—Recommended to mercy by the Jury on account of his good character.

Judgment Respited.

Reference Number: t18620922-986

986. ELIZA COOPER (22), MARY WEST (20), MARY ANN KING (24), ELIZABETH MCDONALD (20) , and ELIZABETH SIMES (22) , Robbery on Thomas Roach, and stealing from his person 1 pocket-book and 55l. in money, his property.

MR. TAYLOR conducted the Prosecution.

THOMAS ROACH . I live at 17, James-street, Limehouse, and am a marine store-dealer—on the evening of 22d August, I was in a public-house, in High-street, Whitechapel, from 8 o'clock till half-past 11; afterwards I was in another public-house, bidding a friend good-night—I went back again to the public-house in High-street, and ultimately left that public-house with Cooper, at about half-past 12—while I had been in the public-house I had seen the prisoners West, King, and McDonald—I went with Cooper to her house, and gave her 2s—I had 45l. in a bag, in a cash-pocket inside the band of my trousers, and I had two 5l. notes, in a pocket-book, in the breast-pocket of my coat—she asked me for another shilling, and I pulled out my purse with the 45l. to give another shilling, and placed it on the table; she saw the whole of it—while I was putting it in my pocket she went out, leaving me for, I should think, eight or nine minutes, and when I went from the outer door into the street, I was seized by King, the tallest woman, who came and put her arm round my throat—McDonald, I think, seized my right hand, and West held my left, and Cooper cut my pocket open, as it is now, and took out every penny of my money; I could feel her taking it—the pocket-book was also taken at the same time as the bag—I fell into a pool of water after they let go—I could not cry out; I was nearly strangled, because of the pressure on my throat by King—there was no other violence but that; no striking—they had been in front of the public-house, in High-street, Whitechapel, from the time I went into the house till half-past 11—I had been talking to them in front of the bar—I am sure these four are the four who attacked me—I should think I lay in the pool of water a quarter of an hour before I recovered myself; I could not get up—when I got up I ran to the end of the street, saw a policeman, and gave him some information—I afterwards went with him to No. 20, Princes-street—that was about three-quarters of an hour after I had been attacked—when I got inside I saw Cooper, West, Simes, and a man there—directly they saw the police, Cooper dropped some money on the floor—I said, "That is the woman that cut my pocket open"—I saw Cooper drop the money—she was in the act of handing it to West—I saw the constable pick it up, I do not know how much—I gave Cooper and West in custody—Simes was not taken then—Cooper said, when she was taken, "He gave

one 11l. speaking of me—I said, "How can you say so?"—I tad not given her a farthing more than the 3s.—there was no more conversation—I was afterwards standing outside the police-court, at Worship-street, and saw King looking round a corner—I pointed her out, and she was apprehended—I could not hear what she said—the next morning, Saturday, I saw McDonald outside the House of Detention, bringing some food—I pointed her out and the was apprehended—on the 26th, I went to Simes' house again, with a constable, and Simes was apprehended—she never said anything to me—I heard her say to the constable, "I know all about it"—that was all I heard her say—at the police-court she told me that I had better leave it for a little while, and she would go up and see the girls, and see how much they meant to give me back—this was on the Saturday morning—I am sure the other four were at the public-house.

COURT. Q. Were they in company together then? A. Yes; all four were, as companions; when I first went in, they were sitting on a form—I do not think there were more than one or two other persons in the public-house I was perfectly sober.

JAMES HENRY JARVIS (Policeman, K 162). About 2 o'clock on the morning of 22d August, I saw the last witness at the corner f Baker's-row, which leads into High-street, Whitechapel, opposite the New-road—that is about 150 yards from Princes-street—he was very nearly choked, and could scarcely speak; I could see marks round his throat as if from a grip of a hand—he was sober—in consequence of information that he gave, I went to 20, Princes-street, with another constable, and saw Cooper, West, and Simes there—I did not know that Simes lived there—I did not see any man when I got in—I saw Cooper pawing the money to West—a half-sovereign of it was dropped, and I saw Hall, my brother constable, pick it up—the prosecutor charged them with having robbed him, and I took Cooper and West into custody, with the assistance of my brother constable—Cooper said the prosecutor had given her 11l. to sleep with him—the prosecutor said he did not—West did not say anything to me—next day I was at Worship-street Police-court, and the prosecutor pointed Ring out to me, in Worship-square, near a corner—I told her she was charged with robbing the prosecutor, and she said she had only come to watch the trial.

ALFRED ALEXANDER HALL (Policeman, H 127). On the morning of 22d August, about 2 o'clock, I went with Jarvis and the prosecutor to 20, Princes-street, and there found Cooper, West, and Simes—there was no man in the room—when I went in, I saw Cooper passing money to West—I seized West's hand, and took 4l. out of it—I picked up a half-sovereign from the floor—the prosecutor charged the two women with robbing him, and I took West into custody—she said that Cooper had given the money to her, and she knew nothing of the robbery.

PORTER WILLIAM DUNNWAY (Policeman, H 129). On 23d August, I met the prosecutor at the House of Detention—he pointed McDonald out to me, who was waiting there with some victuals in her hand for the other prisoners—I took her in custody.

ESTHER BLANKS . I am the wife of Thomas Blanks, a shoemaker, of 19, Princes-street—No. 20, Princes-street belongs to us—Simes was our tenant, and occupied two rooms there—I was at my door on this Friday night, between 12 and 1 o'clock, and saw Cooper come to the shutters, not to the door—I had seen her before—no one was with her—she asked for admittance, and Simes said, "I am a-bed"—I knew Simes' voice—Cooper stood at the shutters for, I dare say, five miuutes before she was let in—she asked her for something at last, and then Simes opened the door and let her in—I

afterwards saw West—I did not see any of the others—West came five or ten minutes afterwards to No. 20, and McDonald came almost directly after her—they were all three in the room when the policeman opened the door which might have been a quarter of an hour afterwards—two policeman and the prosecutor came—I went just inside the door with them—I saw no one there besides the prisoners—I saw a man in the passage, who went through into the yard; he lives with the prisoner Simes—this was on 22d August—I have never seen him since—next morning, when Simes came home from Worship-street, I asked her how the girls had got on, and she said they were all remanded—I said, "What did the prosecutor say I"—she told me that he said if he had 30l. back he would not go against the girls—I said, "Don't you think those poor girls would rather give the money back than that they should go to prison?"—the said, "No; was it me, I should not give a farthing back"—I picked up one sovereign on the carpet, and that was all the money I saw.

THOMAS ROBBINS (Policeman, H 157). On the evening of 26th August, at 9 o'clock, I went with the prosecutor to 20, Princes-street, where I found Simes, and took her in custody—I told her the charge against her—she said, "I know all about it; I know nothing at all further of any money, except what dropped on the floor"—(The prisoner's statements before the Magistrate to were here read as follows: Cooper says, "He left the money on the table, all but the 2s. he gave me." West says, "Four sovereigns were passed to me, and the girl said a man came with her and left 11l." Simes says, "The 10l. and two half-sovereigns were dropped in my room." King says, "I know nothing about it." McDonald says, "I am not guilty.")

Cooper's Defence. That man went home with me, and put 11l. on the table; he said he was going out to get something to drink, and he went. I went up to Simes' room and asked her to give me a piece of candle. I told her the man had been with me, and had left 11l. on the table; while I was there the prosecutor, with the constable, came to the door and said I had robbed him; I said I had not, and I had no more than the 11l. and the 2s. that he had given me.

Wests Defence. I was coming home to go to bed, and I borrowed an umberlla, Cooper told me the man had been home with her, and had left 11l. on the table.

King's Defence. I was in bed by half-past 8 that night, and was never cut till half-past 8 next morning; when I got up I went to Simes' place, sad a little girl told me that Simes and Cooper were looked up; I went to Worship-street, and when I came up the prosecutor gave me in charge; that is all I know about it.

McDonald's Defence. I know nothing about the theft on Friday night; I went down to the House of Detention, and the policeman took me in charge about it.

COURT to PORTER WILLIAM DUNNWAY. Q. How much money was found? A. 4l. 10s.

Sime's Defence. The policeman picked up the 10l., and the two half-sove-reigns, and all the money.

ALFRED ALEXANDER HALL (re-examined). I picked up the half-sovereign—that was all I saw.

COOPER,

WEST,

KING,

McDONALD,

GUILTY .— Confined Twelve Months each.

SIMES.— GUILTY of receiving.Confined Nine Months

FOURTH COURT.—Thursday, September 25th, 1862.

PRESENT—Mr. RECORDER; Mr. Ald GABRIEL; Mr. Ald. PHILLIPS; and

Mr. Ald BESLELY.

Before Mr. Recorder.

Reference Number: t18620922-987

987. JAMES JOHN FOSTER (21) , Unlawfully obtaining by false pretences, from John Jacques and another, 1 set of chessmen and 1 chessboard, their property; to which he

PLEADED GUILTY .—Recommmended to mercy by the prosecutors.

Confined Twelve Months.

Reference Number: t18620922-988

988. ISABELLA BARTLETT (22) , Unlawfully stealing and taking away Maud Graveur, a child under fourteen years, with intent to steal certain articles then upon her person, tht property of Louis Graveur; to which she

PLEADED GUILTY .—Recommended to mercy by the prosecutor.

Confined Fourteen Days.

Reference Number: t18620922-989

989. JOSEPH BROWN (31) , Feloniously uttering a forged 5l. Bank of England note, with intent to defraud.

MESSRS. GIFFARD and MATHEWS conducted the Prosecution.

LUKE MUNCEY . In January last I kept the Grapes public-house, Farringdon-street—I knew the prisoner some time before that—on 17th January, about 11 o'clock at night, he came for a pint of half and hatf—I think he had some conversation with me about different matters, in the course of which he asked me to change a note for him, and pulled a lot of notes from his pocket; I cannot tell exactly how many—he took a 5l. note from the roll and gave it to me—I gave him five sovereigns in change and put the note in my pocket, where I kept it till next morning, and then paid it away—I indorsed it before I did so—the (produced) is it—I had no other note—this is my writing, "18/1/62. L. Muncey"—that was Saturday, the day after the prisoner was at my house—the note was returned to me on the Monday afternoon—I did not tee the prisoner from that time till he was given into custody.

Cross-examined by MR. TAYLOR. Q. When did you leave the Grapes? A. On 24th June last—I do not know Scaines—I nerer saw turn that I know of—I know Mr. William Daniel—I have known the prisoner some five or six years—I have not known Daniel quite so long as that—he same to my house occasionally; not very often—I know that he is what is celled a skittle sharper—my house is not frequented by a good many other skittle sharpen—I cannot recollect the day I gave information about this note; it was some time ago—I saw an advertisement in the paper that a man had been taken for passing a bad note, and I went up to Clerkenwell to see if he corresponded with the man who gave me the note—I made an application to see him at Clerkenwell—that was before I left the Grapes; not long after I took the note—it might be a month or two after—it was after the prisoner was apprehended that I went again; at the beginning of this month, I think—I never saw Mr. Scainee before yesterday or the day before—I never had any conversation with Daniel about this 5l. note—I did not know that he and the prisoner were companions—I never saw them together—I swear that—I only had some conversation with Daniel the other day, when I saw him here—I think there was something said about it at Clerkenwell Police-court,

not before—I had never spoken to him before about the note—I do not remember that I have seen Daniel since I took the note until I saw him at Clerkenwell—I parted with it to Mr. White, a fruit salesman in Farringdon-market, for change in silver, on Saturday morning—I got it back on the Monday afternoon—I gave it up when I went to the police-court, having kept it in my possession till then.

MR. GIFFARD. Q. I believe you are building another public-house at Anerley? A. In the Hampstead-road—I am living at Anerley.

WILLIAM DANIEL . I live at 33, Storey-street, Caledonian-road—I have known the prisoner about two years, or from that to two years and a half—on 10th October last I saw him in the Caledonian-road, just at the other side of Thornhill-road-bridge—he spoke first, and said, "How are you, Bill?"—I said, "I am very well in health, but I am very bad in pocket"—he asked me if I would have anything to drink—I told him I had no objection, and we went into the Prince of Wales beer-shop close by—when we got inside he said, "I have heard you have been doing very badly lately; you have a family, have you not?"—I said, "Yes, I have; I have got five children "—he said, "If I had any silver in my pocket, I would give you five shillings"—he then asked me if I knew anybody who would give him change for a 5l. note, and he would let me have five shillings—I said I had only just come to the neighbourhood, and knew no one there I could ask—he said, "I could get change myself directly of Mr. Scaines, but I owe him a lot of money, and if I go to him to ask him for change he will expect me to pay him what I owe him"—I said that I knew Mr. Scaines, and if I went and asked him I had no doubt he would give me change—we then left the beer-shop and walked down towards Scaines', at the bottom of Caledonian-rod, close by King's-cross—it is down a little court—when we got to the corner of the court the prisoner said, "I won't go in with you, and I don't want Mr. Scaines to know that you got the note of me, or I might go myself"—I said, "All right"—he said, "If anybody is there you can get something to drink"—he took the note out of his trousers pocket and gave it to me—I then went into Mr. Scaines and asked him to change the note—I gave it him doubled up just as I received it from the prisoner—I cannot tell exactly what change Scaines gave me, because I did not count the money—I took it out to the prisoner—he then gave me the five shillings which he had promissed—we continued together about ten minutes after that, I should think—we went into the Bell public-house across the road—it was about a fort-night or three weeks after this that I first heard there was something wrong about the note from a man named John Dobbins, whom I met in the City—he is not a policeman.

Cross-examined. Q. You know Mr. Muncey, I believe? A. Yes; I dare say I have known him about eight or ten years—I have been in his house a great many times—I have known Scaines about ten or twelve yean—I have been in the habit of frequenting his house—I have known the prisoner about two years, or two yean and a half at the outside—Mr. Muncey never said anything to me about a forged note until now—I never knew that he had taken one from the prisoner—I am not aware that Muncey knew Brows—I never saw him at Muncey's—I swear that; never in my life—Mr. Muncey had two houses, one in Farringdon-street, and the other in the New North-road; first the one in New North-road, and then the one in Farringdon-street—I did not know the sign of the one in Farringdon-street—I knew it was Muncey's house—there was no skittle ground there or at the other place—I used to live then in the Kingsland-road—

I have got my living some years as a skittle sharper—this is not the first time I have seen the inside of a court of justice, nor of a prison either—I have had fifteen months' imprisonment, and have been in custody two or three times—I have frequented Scaines' house for a good many years—a great many people of my class frequent that house—I don't know anything about Scaines being charged with receiving stolen goods, only from the papers—I was not apprehended there—I have not seen anyone else apprehended there. I know it was on 10th October that the prisoner gave me this note, because as soon as I found out I had been deceived I made it my business to go to a friend of mine who I knew moved that very day—I went there and asked them the day they moved, and I found out through that the day—I knew it was the same day they moved—he had it down in his book—it was a little over a quarter of a mile from Scaines' where I met the prisoner—I did not think of Scaines before he mentioned him.

WILLIAM SCAINES . I keep the Alpha Arms, in the Caledonian-road—I know the prisoner and Daniel; they had been in the habit of coming to my house before October last many times—I remember Daniel coming to me with a note—I think it was on 10th October, in the evening—he asked me for change—the note was folded up when he put it into my hand and I opened it—he came into the house with it in his hand—I had not change enough in my bar, and I went out to get change for the note—I went to the Queen's Arms public-house—as I went there I saw the prisoner—he was standing at the corner of the street, about twice the length of this court from my house—he was doing nothing—as I came out of the door he walked any to the bottom end of the road—I went to the Queen's Arms with the note I had had from Daniel, and gave it to the barman, George Moore—I got change from him—he asked me to put my name on it—I am no scholar, and he wrote something on the corner of it in my presence—I know this is the note (produced)—I went back and gave Daniel the change before twenty or thirty people—my house was full at the time—the note was returned to me is forged on the 17th or 18th, in the morning—they both came on the same morning—I had received another 5l. note from the prisoner—I saw the prisoner again one evening, about four or five months afterwards—he came to me to make it up—I remember going to Charlton Fair; that was on 16th or 17th October—I saw the prisoner there—that was before I got back the forged note that I gave to Moore—the prisoner said he was very poor, he had not got any money to pay his fare home, and he asked me if I would stand anything to drink—I said I did not mind—we went in and got a pot of beer—he said he had a 5l. note, and if I could give him change he would stand some beer—I said I did not want any beer—he afterwards produced a 5l. note, and I gave him change in the booth where we were drinking—I took the note home, and on the Saturday, my daughter Elizabeth got it changed for me at Mr. Fordham's, the butcher a—she went out with it and same back with the change—both the notes came back to me on the Monday morning, within five minutes of each other, from the market—six or seven policemen came to me about it, and the two men who took the notes—I was taken into custody to Bagnigge-wells—I gave information to the police—I went round with them all that day, and I was to meet them again in the evening—I was discharged out of custody—the prisoner had been in the habit of drinking at my house before this—he did not come again after this till three or four months afterwards—one evening, when I was shutting up, he came with about eight or nine men with him—they wanted me to square it with him—he asked me if I would take a sovereign to square the 5l. note;

and said if he had any more money he would give it to me—I said, "No; I will have nothing to do with it; you must go to the inspector of police, Mr. Evans"—he then told me that he had squared it with Mr. Evans, and had given him a sovereign at Brighton Races—I then collared him and called out "Police"—my daughter was there, and a whole lot of them shut the door, and would not let her out to get the police—the men who were with the prisoner dragged him out of doors, shut the doors, and would not let me or my daughter out—this was about 12 o'clock at night—he has not paid me another visit since that.

Cross-examined. Q. You say he said he was very poor when you met him at Charlton Fair? A. Yes; I should think we were in company three-quarters of an hour before he talked about this 5l. note—I have known Mr. Daniel a good many yean—anyone comes into my public-house—skittle-sharpers come in—the police have never taken above two persons from my house, I think—I have been tried myself for receiving stolen goods—I was acquitted—I have not been tried more than once that I am aware of—I was not tried, I have been charged twice at the police-court about selling beer—I was at the Clerk en well Sessions about three sessions ago as a witness in a case—the man was not taken from my house—he was lodging there two or three nights—he was charged with stealing a watch—he did not say I had given it him—he was not acquitted—I believe he had six years—I was not it the police-court—the man did not say before Mr. Bodkin that I had give him the watch—I was not called up after the case was over—I was not told by Mr. Bodkin that my house was a perfect pest—he did not say that he had seen me there eleven or twelve times—he said that two or three prisoner had been taken lately out of my house—that was while I was a witness—I was not called up afterwards—I have been in custody three times, once for assault—I dare say I have known Daniel fifteen or sixteen years—perhaps it might not be so long—he has not been at my house very often; perhaps once in fix months—the prisoner has occasionally been to my house—to came sometimes, in and out—it was on 16th October that I saw him it Charlton Fair.

MR. GIFFARD. Q. Was the occasion on which you were acquitted of receiving stolen goods the only charge made against you for dishonesty? A. Yes; my daughter received the parcel behind the bar—I knew nothing about it—there was no allegation by anybody at the Middlesex Sessions that the robbery was in my house—I was not the witness to prove the fact of the stealing, but merely to say that I did not give the man the watch—he said I did—he was convicted and sentenced to six years' penal servitude.

GEORGE MOORE . I am barman at the Queen's Arms, Caledonian-road—I remember Scaines coming to my master's house and getting change for a 5l. note—it was about eight or nine months since—I do not know the mouth—I went and asked my master if he could give change for it, and he said, "Yes; if Mr. Scaines would back it,"—I ultimately wrote Mr. Scaines name on the back of it—this (produced) is it—that is my writing—I put it at the back of the bar, in the cash-drawer.

Cross-examined. Q. You have no recollection of the date at all? A. No; I did not put the date on the note; merely "Scaines."

ELIZABETH SCAINES . I am the daughter of William Scaines, who keeps the Alpha Arms—In October last year I assisted my father in the management of his public-house—I remember his sending me to Mr. Fordham's, a butcher in the neighbourhood, with a 5l. note—I got change from him—I wrote my father's name on the note—this is it—I left it with Mr. Fordham and went home with the change.

EDEN FORDHAM . I am a butcher, at 12, Caledonian-road—I remember Elizabeth scaines bringing me this 5l. note on 19th October—it is marked underneath—I gave her the change—I wrote the date and she wrote the name—I tendered it in the market and it was given back to me—I then went directly to Mr. Scaines with it; that was on the Monday.

THOMAS EVANS (Police-sergeant, Q 22). On 23d October last I received two forged 5l. Bank of England notes from Mr. Scaines—he made a statement to me as to where he got them from—in consequence of that statement I, and other officers under my direction, had been looking for the prisoner up to the month of August in the present year—I saw him once before he was in custody—about two months after October I went to a beer-shop in White Lion-street, and as I got to the door I saw him making his escape through the back of the passage and over the walls; one of his companions saw me and rushed in—I did not get up to him—it is not true that he ever settled the matter with me by giving me a sovereign, or did I see him at Brighton Races.

Cross-examined. Q. Did you ever before say anything about looking for him? A. Yes; I told Mr. Freshfield that I had been looking for him ever since—Mr. Scaines had given me some information about him—he told me who the man was, and told me many places I should be likely to find him; and I went with him, I should think fifty times, to different places—he gave me all the particulars he could—I don't know whether six or seven policemen went to Mr. Scaines'—I did not see them there—I went alone.

MR. GIFFARD. Q. Did scaines tell you anything of the circumstances under which the note had been changed? A. He said that one of the notes had been brought by a man named Daniel, who asked for change for it—that he went over to a public-house opposite, and as he went out he saw Country Joe (the prisoner) at the comer—he also said that the other night he us at Charlton Fair, and the prisoner asked him to change a £5 note for him, as he had no money and could not get home to London—that statement was made to me in the month of October last.

RICHARD FAWELL (Policeman, A 425). I apprehended the prisoner, and told him he was charged with forging a 5l. Bank of England note—he said, "That is all right; it was settled; I settled it with Sergeant Evans at Brighton races"—I took him in custody—he asked me not to lay hold of him—I told him I did not want to lay hold of him provided he would go with me quietly—he said he would—there was another policeman with me—when in the Old-street-road, opposite Vincent-street, he darted across the road and no down Vincent-street as fast as ever he could—I ran after him round several turnings for nearly a mile and a half—there are a great many turnings about there, it is like a rabbit warren—I caught him at last. FREDERICK MURFILL. I am inspector of notes to the Bank of England—these three notes are all forgeries, paper, ink, and everything, and they are all impressions from the same plate.

GUILTY .

The prisoner was further charged with having been before convicted of felony on 9th April, 1855, in the name of John Phillips, when he was sentenced to Four Years' Penal Servitude, having then been previously convicted; to which he

PLEADED GUILTY.**— Ten Years' Penal Servitude.

Reference Number: t18620922-990

990. THOMAS FENLEY (27) Embezzling 6d., the property of Charles Jonathan Newton, his master.

MR. BESLEY conducted the Prosecution.

ANN MERCER . I am housekeeper to Mr. Cox, at 22, Peter's-hill, Doctors commons—on Friday, 5th September, the prisoner swept the chimney just before

9 in the morning—I give him eightpence, and said it was twopence for himself, and sixpence for sweeping the chimney—I saw him again on the following Saturday, a week afterwards, when Mr. Newton was with him—Mr. Cox was in his room—the prisoner said that I had not paid him, and Mr. Cox said that he gave me the money to pay him—the prisoner then said that if I had paid him, he must have paid it into the house.

CHARLES JONATHAN NEWTON . I am a master chimney-sweeper, of 8, Lambeth-hill, Doctor's-commons—the prisoner was in my service as a workman—on 5th September, I gave him a list, the addresses of work, in the morning; he was supposed to do that and come back again—I saw him about 11 o'clock—I asked if he had received any money, and he said, "No"—he went to other places after 5 at night; one of those places was 15, College-square, Dr. Phillimore's—the prisoner paid me a shilling in regard to that—on the following Thursday, I spoke to him about Mr. Cox, and asked him what he had done there—he said, "The kitchen"—I asked him if he was paid—he said, "No"—I asked him if he had got his selfings—he said, "Yes, he had received twopence"—I called at Mr. Cox's for the money, and on the Saturday the prisoner went there with me—the housekeeper said she paid him, and Mr. Cox said, "I know she paid you"—the prisoner said, "Then if you paid me I paid it in"—there are no persons in my establishment to whom he can account, besides myself and my wife.

COURT. Q. How many places had he to go to on 5th September? A. Seven jobs, from 4 o'clock in the morning—it was when he returned from those seven jobs that I asked him if he had been paid, and he said "No"—at 5 o'clock he was to go to 15, College-square, and he gave me shilling for that job when he came back.

EMMA NEWTON . I am the wife of Charles Newton—the prisoner never paid me any money in respect of sweeping Mr. Cox's chimney, on Friday, 5th September—he paid me tenpence in respect of sweeping a chimney it 4, Bread-street-hill, on the evening of that day.

Prisoner's Defence. It is all malice that has brought me here. I gave the sixpence to Mrs. Newton, and she never rubbed it off the slate. I forgot all about it when Mr. Newton asked me whether I had been paid or not, on account of going to the other jobs. I had never been paid there before.

COURT to ANN MERCER. Q. Had you paid him before? A. I did last time and the time before—I did not generally pay him—it has gone on sometimes for a week or two without my paying him; but the last time I did pay him.

COURT to MRS. NEWTON. Q. Do you keep any account of the sums which you receive? A. Yes; I have my book here—I do not enter the sum in the book as soon as the prisoner pays it over to me; I scratch it off the slate—we have, on a slate, a list of the work to be done, and when he hands over the money I come and put "paid" on the slate—I always do that; I have never put it off and not done it at once—as soon as I receive the money from him I do it directly—I do not do it in his presence—he could see it if he liked.

Prisoner. I have sometimes paid the money to the children. Witness. I have sometimes sent the children out to get the money, and they bring it to me; but then I go out directly and ask him where it came from, and scratch it out directly—I mostly put the money on the drawers—I do not count it over at the end of the day and see if it corresponds with the wok which has been paid for—the work is not enough to require that.

COURT to CHARLES NEWTON. Q. What do you do with the money your

wife places upon the drawers? A. I ask her where it is from, and she tails me; I then see if it is marked off on the slate, and put it in my pocket—I always see that the sum corresponds with that marked off on the slate—I never take up the money without.

NOT GUILTY .

Reference Number: t18620922-991

991. JOHN BOYD (40) , Stealing 1 pocket-book, and an order for the payment of 8l. 8s. and 5l. in money, the property of Richard Edward Hayward, from his person.

MR. NAYLOR conducted the Prosecution.

RICHARD EDWARD HAYWARD . I carry on business in Long-acre—I was in Lothbury on Saturday, 5th September, about half-past 1 o'clock—I went into a urinal at the back of the bank—I felt a slight pull at my coat-pocket—I turned round and saw a man leaving the urinal—I placed my hand on my hip and at once missed my pocket-book—when I turned round, Boyd and another man were at the entrance, and as soon as I adjusted my clothing, I said to them, "I have lout my pocket-book, and think one of you must have it"—each of them attested their ignorance—I kept hold of Boyd short time and I then let go of him and took hold of the other man—he pulled a small book from his pocket and said, that was the only book he had—I then again took hold of Boyd—the pocket-book contained a cheque payable to order, a five-pound note, and some postage and receipt stamps—I went immediately to the London and Westminster Bank, and received the number of the note at once, and then went to the Bank of England—there was another person in the urinal, whose back was towards me, but he was not near enough to be the one who took the pocket-book from me—I could not tell what movement had taken place before I turned round—the prisoner and the other man appeared to be coming in; they must have given place, in order that the person in there could go out—the cheque was payable to my order, and was not indorsed—I have not seen anything of that since—I received information about the note, which I had stopped at the bank, about 1 o'clock on the Monday, this being on the Saturday—a note was produced and shown to me at Bow-lane police-station.

Cross-examined by MR. ORRIDGE. Q. You felt this tug, you say, at your coat-pocket, and you immediately turned round? A. Yes; it was that touch which induced me to look—I saw a person leaving the place by the same entrance as the two men were coming in—they did not come in, because I immediately taxed them with the possession of it—they were on the threshold of the place, as it were, pushing in, and I came oat immediately towards them—there are two places, one on the right and one on the left—the two men were at the entrance as I turned round, and the other man passed out towards the right hand—I never saw his face; he had his back towards me—the prisoner has but one arm—I received the note at the London and Westminster Bank three minutes before this—any information I had about the number of the note I had from a clerk at the bank afterwards; I don't know his name—I don't think he is here.

MR. NAYLOR. Q. You obtained it at one bank, and stopped it at the Bank of England? A. Yes.

COURT. Q. Is there anything on the note by which you know it? A. Yes; I put my own mark on it at the London and Westminster Bank—this is the note (produced)—I put "L. and W." on it on the receipt of it at the bank—this "Davis, 54, Cornhill," has been put on since; that is the indorsement of the bullion-dealer—the only mark on it when I lost it was that "L. and W."

MR. ORRIDGE. Q. Did you put that on at the time, the clerk paid it to

you, or after you had ascertained what the number of the note was? A. Directly I received it, as I always do.

JOHN WARD . I am clerk to Mr. Davis, a bullion-dealer, of 54, Cornhill—the prisoner came to our shop on Monday, 8th September—I and another clerk were in the shop—the prisoner wished for 460 france, French money, and he produced three 5l. notes and 2l. 10s. in gold—this is one of the 5l. notes he presented; this is my writing upon it—I did not give him change in francs—I went to the Bank of England with the three 5l. notes, and left him waiting at the office—something occurred at the Bank of England—I did not get gold for that note—from what passed there, an officer went back with me—I found the prisoner still waiting in the shop—the officer followed me in, and said that that note was stolen—he mentioned his name, and said he must go back with him to the Bank of England—the prisoner said that he had received it from a party who was stopping in his house.

Cross-examined. Q. Did you say anything to the prisoner in the presence of the officer, before you went with the officer to the bank? A. No; I left him there while I went over—this note is in the state in which it was presented to me, with the exception of this indorsement, which I put on—there are some others also—I cannot say whether this "L and W." was upon it; I did not take any notice.

WILLIAM JARVIS . I am a detective-officer of the City—I was on duty at the Back of England on 8th September, about 1 o'clock in the day, or little after—my attention was called to a Bank of England note, and in consequence of that I accompanied the last witness back to his master's shop—I found the prisoner there—I told him I was an officer, produced the note, and said to him, "From whom did you receive it?"—he said, "I received it from a lodger of mine; I keep a registered lodging-house, and that is my name and address on the back of the note, which I placed on it"—I asked him what he had taken it for; he said, "For two napoleons, one breakfast, and one night's lodging"—I asked again a second time from whom he took it; he said, "A foreigner; his name is Jarvis"—I said, "This note has been stolen, and you must accompany me to the Bank of England"—I then left him in charge of another constable, and from what was said at the Bank, I afterwards took him to the station—I saw Mr. Hayward the same day, and found that what the prisoner had said about the lodgings was false—I went to the lodgings, and when I returned Mr. Hayward was at Bow-lane station—I have had charge of the note since; my initials are on the back.

Cross-examined. Q. Did you find a correct address on the back of the note? A. Yes; I do not think I have mentioned the name of the person from whom he had the note, before—I do not believe that it is in my deposition—I have mentioned it to plenty of people—he said he had it from a Frenchman who lodged at his house, and that he had given him two napoleons and a breakfast on the note—he did not say he was to give him the remainder on Monday, or that he was to give him the rest when he got the note changed.

MR. NAYLOR. Q. Did he say anything at all about giving him any balance? A. No.

COURT. Q. Did he say the words, "on the note?" A. No; he said he had received it for two napoleons, a breakfast, and a night's lodging.

COURT to JOHN WARD. Q. Did he bring the note with his name upon it? A. No; I wrote his name—I never saw him before.

GUILTY .—He was further charged with having been before convicted of felony a Westminster, on 19th March, 1860; to which he

PLEADED GUILTY.**— Six Years' Penal Servitude.

NEW COURT.—Friday, September 26th, 1862.

PRESENT—Mr. JUSTICE KEATING and Mr. Ald GIBBONS.

Before Mr. Justice Keating.

Reference Number: t18620922-992

992. JAMES STEELE (16) , Feloniously carnally knowing and abusing Annie Eliza Arnold, aged 7 years.

MR. SLEIGH conducted the Prosecution.

GUILTY .— Confined Eighteen Months.

Reference Number: t18620922-993

993. JAMES AYLING (46), was indicted for a like offence upon Alice Crater, aged 6 years and 8 months.

MR. SLEIGH conducted the Prosecution.

NOT GUILTY .

Reference Number: t18620922-994

994. JAMES AYLING was again indicted for a like offence upon Matilda Wood, aged 11 years and 1 month, upon which MR. SLEIGH offered no evidence.

NOT GUILTY .

THIRD COURT.—Friday, September 26th, 1862.

Before Mr. Recorder.

Reference Number: t18620922-995

995. JOSEPH SMITH (19) , Stealing 1 pair of trousers, 1 coat, 2 shirts, 2 collars, and 2 handkerchiefs, the property of Henry Lind.

WILLIAM HIGGINS . I live at 1, White House-yard, Drury-lane—the prisoner lived in that house for about nine months, and left on 24th August, without giving me any notice of his intention to leave—he left about 8 o'clock on a Sunday morning, before anybody was about—I did not discover anything till Henry Lind came home from his work—in consequence of something he said to me, I went upstairs with him, and found his box looked—I went to the police-station and gave intelligence—I did not miss any of my property—I cannot speak to any that was missed.

HENRY LIND . I lodge at the house of the last witness—on the day the prisoner left, when I came home and opened my box, everything that I had left in it was gone—I missed a coat, a black pair of trousers, two shirts, two collars, and two handkerchiefs—these things (produced) are mine—I had seen them safe in my box the night before.

COURT. Q. Did you sell these things to the prisoner? A. No; I can swear I did not—I had some talk with him about selling him some things—he had not a coat on his back, and I had two, so I sold him a black coat and a waistcoat, and he owes me the money for them now—he pawned them directly, and came home with the tickets—I said, "Well, you have not paid me for them"—he said, "Well, I must have something to live on"—that was a fortnight before he left—he paid me some money on them, but there was 9s. left—none of these things are what I sold to him.

Prisoner. Q. Do you still deny that I bought all your things? A. You

did not buy these things—my box was looked when I came home—I do not know how you opened it—I swear that these things had been in it—I swear that you did not wear this coat six weeks before you left London; you had nothing to do with this one.

HENRY BLACKWELL . I am one of the Gloucester constabulary—on the morning of 22d September, the prisoner was given into my custody at Cheltenham—he was wearing this coat when I took him—he told me if I would go to his father's house, 15, Sidney-street, I should find the other articles there—I had told him he was charged with stealing a coat, a pair of trousers, two shirts, two collars, and two silk handkerchiefs—I went and looked in the box, and found these trousers, a shirt, and the two collars; the other things here belong to the prisoner, and have nothing to do with the case—I brought him to London—I heard him, in the prosecutor's presence, say that he was a ruined man for ever, and he begged Mr. Higgins to forgive him.

Prisoner. Q. Will you swear you charged me with stealing the things? A. Yes—I did not hear a man say, "This bloke has been robbing his lodging in London," nor did I hear you say, "It is a lie"—I was not too confused to hear it—Mr. Higgins caught hold of you first—you said you were a ruined man for ever, and would make away with yourself—I cannot say much about you; I have not known you lately—I saw you once before—I have never known you at the police-station at Cheltenham—I know nothing about your character at all.

Prisoner's Defence. I left my home in the early part of this year to come up to London, because there were better wages in London. Circumstances made me go to Cheltenham. I bought these things of the witness, and paid him for the coat and two waistcoats; I was to pay him weekly. The reason they have not put those in the indictment was because they acknowledge the money I have paid to be sufficient for those articles, and therefore they say I stole the others. I have always been known in Cheltenham as a respectable young man. My father has been in Cheltenham now about thirty-five years; thirty years in one firm.

GUILTY .— Confined Eight Months.

OLD COURT.—Thursday, September 25th; Friday, 26th; and Saturday, 27th, 1862.

PRESENT—Mr. JUSTICE BYLES; Mr. Ald. ROSE; Mr. Ald. BESLEY; Mr. Ald.ABBISS; and MR. COMMON SERJEANT.

Before Mr. Justice Byles.

Reference Number: t18620922-996

996. CATHERINE WILSON (40), was indicted for the wilful murder of Maria Soames.

[See Eighth Session, page 212.]

MESSRS. CLERK and BEASLEY conducted the Prosecution,

SAMUEL EMERY BARNES . I live at Highbury House, Holloway, and carry on there the business of a draper—Mrs. Maria Soames, of 27, Alfred-street, Bedford-square, was my half-sister—she was a widow—she died on 18th October, 1856—I last saw her alive on Friday the 17th, the day before her death—I had also seen her on the Wednesday before; that would be the 15th—I saw her that day at my house between 2 and 3 in the afternoon—she had come from her home to me.

COURT. Q. At what time did she come? A. I can't say that; I was from home—I did not see her till between 2 and 3 in the afternoon.

MR. BEASLEY. Q. Do you know whether the had taken her dinner then? A. She had dined at my house—she was perfectly well in health when I saw her that afternoon—her health was very good usually—she was then quite in her usual state of health—she borrowed 9l. of me—she asked me to lend her 10l., and I lent her 9l.

COURT. Q. Do you remember how was that 9l. given; in what money? A. No doubt it was gold, but I do not remember.

MR. BEASLEY. Q. How long did she remain with you? A. I should say the did not remain more than half an hour—some short time, three or four months, before her death, I had paid her upwards of 40l. as her share of a legacy that had been left her by her father—when she left me on the Wednesday she was quite in her usual health—I did not see her again until the Friday—I then saw her at her own house, in bed, about half-past 9 in the evening—I had received a letter from one of her daughters stating that she was unwell—I received that letter about 6 o'clock, and in consequence of that I went and found her in bed—she complained of sickness, and great pain in her body and head, I believe; I can't say that she said or pointed where, I remained there nearly an hour—I then went home—she was not any better when I went away; but I did not think her dangerously ill—I saw the prisoner there when I went there; she was in the room—I have no doubt that she was there all the time I was.

COURT. Q. Do you remember whether she was or not? A. I would not say positively.

MR. BEASLEY. Q. Did you observe what she was doing, or take any particular notice of her? A. Only that she seemed attentive to my sister in giving her what she required in the way of medicine and aliment—on the following morning (Saturday) I was called to see my sister again—a person came in a cab for me between 4 and 6 o'clock, to say that my sister was dead—I immediately returned with the messenger in the cab—I found that my sister was dead—I cannot recollect if I saw the prisoner, or who I saw in the house—I can't say positively whether I saw the prisoner there—I don't recollect that I had any conversation with the prisoner about my sister's death—there was an inquest held about the Monday or Tuesday after—it was held at my instance—I was there again on the Monday—I recollect a letter being received when I was there on the Monday—this (produced) is the letter—I did not see it delivered by the postman—it was given to me, I think, by Miss Rowe, one of the witnesses—it was brought upstairs to me—it was torn just as it is now—Mr. Whidborne was the medical man attending my sister—I do not think I applied to him for a certificate as to the cause of my sister's death; I should say not; my belief is that I did not—I never heard my sister say anything about going to be married again—I never heard anything of it—she had been a widow nine or ten months, I think, at the time of her death—I cannot positively say which was the nearest post-office to her house, but the post-office always made use of by the household and the neighbourhood is in Torrington-place.

Cross-examined by MR. OPPENHEIM (with MR. MONTAGUS WILLIAMS and MR. WARTON.) Q. Were you often at your sister's house? A. Yes; once a fortnight possibly—she merely had a legacy from her father—that was not paid to her shortly before her death; at various times—it was not paid in one sum—I paid her—I was executor to my father—I had the payment of the legacy—the amount was 100l.—it was paid to her at various time—

the last payment was on the Wednesday preceding her death—that was the 9l.—at no time did I pay her 43l. in one sum—the last sum I paid her, before the 9l., was 1l., on 11th October—the 9l. that I paid her on the Wednesday was part of the legacy—to the best of my belief she asked for 10l.—I knew the prisoner—I knew that she had been living for some time with my sister—I knew that she and my sister were on very friendly terms—my sister was in very good health—I have known her to have bilious attacks, but very seldom; once a twelve month—I have been present when those attacks came on—I have seen her ill with a bilious attack—she did not keep her bad—I have never seen her in bed with a bilious attack—I never recollect that she has suffered from vomiting at such a time—the vomiting might have been over—the 100l. was the sole legacy which her father left her—she had other income besides that which she obtained from letting her two houses—I should say, speaking roughly, her income was from 80l. to 100l. a year—I do not say that was in addition to what she received from letting rooms in the two houses in Alfred-street—she had other house property as well—I believe that the net income would amount, on the average, to from 80l. to 100l. a year, including the houses in Alfred-street, and every other source of income—I saw her on the Friday, between 9 and 10 o'clock—the doctor had been there then—I don't think I saw him there—it was at my request that the inquest was held—it came about by the means that I took; I was not satisfied with the suddenness of her death, and I moved about, and went to my own medical man, and he said, to satisfy myself I had better have as inquest—I saw Dr. Whidborne before the inquest took place—I attended the inquest—I have no doubt I gave evidence there—I might have said that when my sister called on me, on the Wednesday, she was dull in spirits, or low-spirited—I do not recollect whether I made that statement before the Coroner—I believe the prisoner was examined at the inquest in my presence, and Dr. Whidborne also—before the inquest there had been a post mortem examination of the body of my sister—my sister was not in the habit of coming to me and asking me to lend her money—I considered that I was indebted to her, and whatever money she had of me, at various times, was for the purpose of my getting out of debt—that was the legacy money, she had it at various times; 5l. or 10l., as she might want it.

COURT. Q. How long had her father been dead? A. Two years, I think.

MR. CLERK. Q. Was it for a loan that she came, or for a payment from, you on account of the legacy? A. She merely asked for money—I can't say whether she asked me for it by way of loan or by way of repayment—I have an accurate knowledge of what the amount of her income was—I have not the slightest hesitation in saying that it was from 80l. to 100l. a year; it varied, of course, with the nature of house property.

Q. You say she was dull in spirits on the Wednesday; did anything pass during your interview with her? A. Nothing whatever—I could not account for it.

ANN MARIA NAACKE . I am the wife of Herman Naacke, a German, who is a watchmaker—I am the eldest daughter of the late Mrs. Soames—I was married in 1856—I was living at home with my mother—I have a sister named Sarah—I am now twenty-six years of age; I was just twenty when I married—my sister Sarah was nearly nineteen; she is a year and four months younger than myself—I remember the prisoner coming to reside with my mother, at 27, Alfred-street, Bedford-square—it was in the winter time; about November, or before Christmas, 1855—the prisoner occupied the first

floor—she took it unfurnished—a person named Dixon came with her—they took the apartments together—she represented him as her brother—my mother occupied the front parlour on the ground floor, and the front kitchen—she slept in the front parlour; not all the time, but until the last of the time, and then she had a back attic to sleep in—she slept in the front parlour for some time while the prisoner was there—for some time prior to her death she had been occupying one of the attics; I cannot recollect how long—shortly before her death, at the time she was taken ill, I was living in the house, but I was much occupied in No. 13, opposite—I always slept in No. 27, and my sister also—I used to sleep with my mother, in the same room; not in the back attic; in the parlour—in October, when my mother was sleeping up stairs in the back attic; I and my sister slept together in the parlour—I do not know what led to my mother's going to sleep in the room up stairs, only that it was unlet, and she thought she would keep it aired—there was also a Mr. and Mrs. Stevenson residing on the second floor of the house—the prisoner became on intimate terms with my mother after coming to live in the house, in the latter part of 1855—my mother used to spend her time in the front kitchen the greater part of the day—the prisoner was there very often—my mother also often went to the prisoner's room—I do not recollect my mother going out of the house, one day in October, to go to my uncle, Mr. Barnes'; but I recollect her coming back again—I recollect the day; it was Wednesday, 15th October—I must have seen her that morning before she went, though I do not recollect it—I saw her when she returned—as far as I can recollect, I think that was between 4 and 5 o'clock—we generally used to have tea at about 5 o'clock, or a little after it might be sometimes—my mother had tea with us that evening; we all had tea together, I, my sister, and my mother—I do not recollect Mrs. Stevenson being at tea with us—my mother appeared quite well at tea that evening; in her usual health—her usual health was very good—for some long time before this she had nothing the matter with her—sometimes she had a bilious attack, but the last one was some time before that; I should think it might have been a twelvemonth; it was so long—she had had bilious attacks occasionally, at intervals—the attack generally lasted one day—she never saw a doctor on those occasions—she did not take medicine for them that I can recollect—some time after we had tea, on that Wednesday, the prisoner came down into the kitchen—that was while we were still sitting round the table; I cannot recollect the exact time—she invited my mother to go to her room—she said she wished to speak to her—she did not say, in my hearing, what she wished to speak to her about—my mother then, or soon after, left the kitchen and went up to the prisoner's room—I think I must have remained some little while in the kitchen—I was generally wanted about 8 o'clock, at No. 13, so, I suppose, I must have gone, but I cannot now recollect—I cannot recollect whether I saw my mother again that evening before I went to bed, but I think I must have done so—I had not observed any sickness or illness before I went to bed; not the least—I am quite positive that I had not noticed it—I first heard that she was ill about 6 o'clock next morning, when she came down stairs to call us—she came to our bedside, and said she had got a bilious attack, and she must go to bed, she was very ill with a bilious attack—she went up stairs to bed immediately—I did not go with her; I was in bed when she left the room—I got up soon afterwards—I saw her soon afterwards, in her room, up stairs—she was then very sick—she complained principally of great sickness and pain in her chest—I saw her retching—afterwards she retched without bringing

anything up; but the first day I cannot recollect—I cannot recollect how soon on the Thursday I saw the prisoner in my mother's room—I saw her in the day time, but I cannot recollect what time—I did not give my mother any tea, or anything during the course of that Thursday—I recollect her taking a few grapes that I gave her myself; I beg your pardon, that was on the second day—I did not see any brandy and egg given to her on the Thursday—the prisoner brought her something to drink on that Thursday, but she did not tell me it was brandy and egg—I was very little with my mother that day, so I cannot say whether she was vomiting seldom or frequently—when I saw her in the evening she was no better—the last time I saw her was on the Thursday night, quite late, about 11 o'clock—she was then no better—I proposed to my mother to sit up with her—I do not know whether the prisoner was in the room at the time—I did not sit up with her; Mrs. Hawkeshead, a cousin, did—she is now in America—I cannot recollect the first time I saw my mother on the Friday; I saw her very much on the Friday—she was still very ill, when I first saw her that day—she complained always of the sickness and pain in her chest—I saw her vomit and retch many times on the Friday—the retching was constantly; it might be every ten minutes or quarter of an hour—she appeared weaker on the Friday, from the constant retching, she said—Dr. Whidborne came on the Friday—I do not recollect how he came, whether he was sent for—I believe it was in the morning that he came—I do not recollect whether after that the medicine was sent to the house, or whether some one fetched it—I did not take it in myself—I recollect that some medicine came for her after the doctor had been—I saw the bottle of medicine—I saw medicine given to my mother by the prisoner—I remember the prisoner once said to me that Dr. Whidborne had given her the proper directions how to give it, and she would give it herself—after the medicine had been given to my mother the prisoner took the bottle from which it had been poured, down with her—I do not know where she took it to; she took it out of the room—I never saw the bottle in the kitchen or the parlour—when the medicine was given to my mother again the prisoner brought the bottle up with her—she took it away with her on each occasion—I did not notice whether the medicine, when it was given to my mother, did her any good—I did not notice that she appeared better, or that it did her any good—she did not appear to get any better during the time that I was attending her, until just before her death—I sat up with her on the Friday night; she said then that she felt easier—that must have been I should think an hour before her death—I think it was between 3 and 4 o'clock on the Saturday morning that she died—the prisoner was present at the time she said that—upon my mother saying she felt easier, the prisoner said it was time to take the medicine again—she fetched the bottle of medicine and gave some to my mother—after she had taken it she became immediately in violent pain, and she said she was sure it was the medicine that had done it, and she would not take it any more—I do not recollect that the prisoner said anything; oh yes, she said that it was sent to do her good; that was all—after taking the medicine my mother complained of violent pain in her chest—the colour of the medicine was a dark yellow—she got worse after she had taken it, and in, I think, it must have been about half an hour, she died—I went for the doctor, and returned in half an hour—I found the prisoner with my mother when I returned—she said that while I had been away my mother had been taken very bad, and she thought she would have died—my mother appeared worse then than when I had gone for the doctor; when I came back she could scarcely speak

—somewhere about half an hour after that she died—the appeared to be in violent agony up to the time of her death—she was complaining of the pain in the chest up to the last—a friend of mine, named Miss Rowe, resided in the other house, No. 13, but took her meals in No. 27—she came in just about the time my mother died—she was there at the last, just when my mother was dying—I cannot recollect whether I left her in the room with the prisoner after my mother was dead. Soon after the funeral the prisoner told me that my mother had borrowed 10l. of her—I was surprised at it—I do not know what I said—I had never heard during my mother's lifetime of her borrowing any money of the prisoner—the prisoner produced a paper to me, either at the time or soon after—she said my mother had written it—I read it—I suppose it must have been thrown away; I have not got it—I do not know what became of it—I received it from the prisoner—it is not above a year and a half I think since I saw it—I do not think it can exist now, for I have looked through all my papers—it was in my mother's handwriting; I am quite sure of that—there was on it "I promise to pay the holder or bearer the sum of 10l. on demand," and in my mother's name, "A. M. Soames"—I cannot recollect whether there was any date to it, or any stamp—I ultimately paid the 10l. to the prisoner—I paid her partly in cash, and she worked the rest out in rent—my uncle gave me 5l. of the money to pay her—I did not show the paper to my uncle—I cannot exactly say what income my mother had about that time—from what I reckoned up, as well could, it must have been about 150l., with what she got from uncle, including the legacy; that is as well as I can recollect or reckon now—my mother paid her bills regularly—at the time of her death there were a few bills left, for I should think about five or six weeks—my mother once said to me that her money affairs gave her a great deal of trouble, that was all—that was some short time before her death; not very long—I did not know of her having lent the prisoner money at any time—I had never heard anything about my mother's going to be married again.

Cross-examined. Q. Were there many lodgers? A. There were four lodgers, including the prisoner, in No. 27, and four in No. 13—my mother did not board them; there were three furnished lodgers for whom she bought tea and bread and butter—the prisoner and my mother were on very intimate terms—the intimacy between them commenced when the prisoner first came to my mother's house—I assisted my mother in the household affairs, and attended to the lodgers—my mother was always sick in her bilious attacks—on the Thursday when she was ill I only went once or twice into her room, until the evening—I was mostly sitting up stairs with her on the Friday—it was my mother that I asked to be allowed to sit up with her on the Thursday night, and it was she who would not allow me to do it—Mrs. Hawkeshead sat up—she was a relation, not a lodger—on the Friday, I was attending to my mother and nursing her quite as much as the prisoner—I was there all day—the prisoner kept continually coming up and down.

Q. How often during the day on Friday did your mother take medicine? A. I cannot recollect at all how frequently it was given—she vomited continually on Friday; she was retching and vomiting the whole of the day—she was not sick every time of the retching—I cannot recollect how often she was sick, it was very often—I cannot recollect that sickness took place on some occasions before she took the medicine; it was continually through the day, but I cannot recollect the particular times—Miss Rowe lived in one of my mother's houses; she is not a very young lady—she had one room in No. 27, and three rooms in No. 13—she was a dressmaker by trade—I must

have been present some part of the time just before my mother died—I am not quite sure whether I was present when Miss Rowe came into the room just before my mother died—my mother before her death did not say before me that she wanted to see Miss Rowe—Miss Rowe and my mother were on friendly terms—my mother had spoken to me about her money affairs being worrying, shortly before her death—some of the bills were unpaid—they were the house bills, to which I referred—I do not believe they amounted to over 1l. each—the whole amount of each bill was a little more than a pound—they were for several weeks—as near as I can recollect I think there were three or four bills unpaid, bills from three or four tradesmen—two of the houses were my mother's own; not the two in Alfred-place—the one she resided in she paid rent for—only the half-quarter's rent was due, I believe, when my mother died—she paid quarterly—I had never taken any of her things to pledge at her request before her death—I know she had sent one article, a silver milk-jug, to pledge—the prisoner continued to live with me about two months, I should think, after my mother's death; not at No. 27; she removed to No. 13, the other house—I do not think she gave me proper notice when she was going to leave—she did tell me she was going to leave before she left—she said she could not sleep there after the robbery—she paid her rent up to the time of leaving, through this bill or paper on which I owed her 5l.—I paid her a portion in money on that—it was soon after my mother's funeral that she first showed me this note—it must have been soon afterwards that she asked for half of it—I was examined at the Coroner's inquest.

Q. Did any conversation take place between you and your mother about her marriage, some time before her death? A. It was a joke; we were joking one day, I do not know what was said; I only recollect asking her, "Mother, you would not get married again?" and she said, "Oh, if I saw any good in it for you, I do not know what might happen;" that was all I ever heard—I cannot recollect what the conversation was which caused me to ask her that—I put the question to her because there was some talking about it at the time; the prisoner was speaking with my mother about it, joking with her—that was two or three months before my mother's death, as near as I can recollect—I do not recollect telling any one, within a few days after my mother's death, what I believed to be the cause of her death—I do not recollect going myself to the registrar's of the district soon after her death—I recollect going to Mr. Simpson's, the registrar's office, on one occasion; I cannot recollect what occasion it was—my maiden name was Ann Maria Soames—I cannot recollect whether, when I went to Mr. Simpson's, I said I had come to register my mother's death—he does not keep a shop, he lives in a private house in Gower-street—I cannot recollect signing a book in his office—I do not now recollect what I went there for—it might have been for my father's certificate; I do not know when I went—I do not know whether I went there a short time after my mother's death.

COURT. Q. Do you remember whether it was before or after your mother's death? A. No—I cannot recollect at all what time, or whether it was concerning my mother's death.

MR. OPPENHEIM. Q. Do you know who went to register her death? A. No, I do not.

MR. CLERK. Q. You say that your mother, when she had bilious attacks, had always been sick, do you recollect whether on those occasions she has ever complained of violent pains in her chest? A. No, not in her chest, but in her stomach, pinching pains in her stomach; she used to have the diarrhoea

as well—I do not remember who gave her anything to drink on the Friday, besides the medicine that she had—I do not recollect whether she was frequently complaining of thirst on the Friday—a silver jug belonging to her had been pledged; I cannot recollect how long that was before her death—it must have been after my father's death—he died in October, 1855—it must have been pledged after the prisoner came to live with my mother—I believe my cousin took it to the pawnbroker's—I did not go there—there was not above a shilling or two in my mother's room after her death—her purse was brought to me down stairs; I do not recollect by whom.

MR. OPPENHEIM. Q. Did your mother complain, or did she appear to you to be very weak on the Thursday when you saw her? A. In the evening past.

SARAH SOAMES . I live with my sister, the last witness—in November, 1855, I was living at home with my mother the deceased—I remember the prisoner coming there—I think that must have been in November, 1855—I recollect her saying she had lost a sum of money; that she had had her pocket picked in the street—I do not recollect the exact sum that she mentioned—I think it was about 70l.—I know it was a great sum of money—I did not hear of any steps being taken about it, or any policeman employed, and I was very much surprised at it.

COURT. Q. Was she in debt to your mother at all at that time do you know? A. I do not know.

MR. BEASLEY. Q. Do you remember Wednesday, 15th October, when your mother went away to go to your uncle, Mr. Barnes? A. Yes; I was at home when she started—it was in the morning—it must have been about 11 o'clock, I think—I should think it must have been about 4 in the afternoon when she came back—she, my sister, and myself, all had tea together—she was in a very good state of health when she came back—in her usual state of health, which was always very good—I remember the prisoner coming down into the room either while we were having tea or afterwards—it was in the front-kitchen—she came down stairs and wished my mother to come up stairs, she wished to speak to her—that was all she said—my mother went up with her—that was very soon after tea, and I do not recollect seeing my mother again that evening—I do not recollect what time I went to bed—I think it must have been about the usual time, 11 o'clock—I saw my mother about 6 o'clock next morning—she came down to call us—I was sleeping with my sister below, in the front-parlour—my mother said she was very ill indeed—that she had one of her bilious attacks and she must go to bed again—she did not describe the attack any further—it must have been a long while before that, that she had had a bilious attack—I do not recollect it for a long while—when she had one of those attacks it never lasted more than a day—she was always quite well the next morning, after a night's rest—I went up to her on this Thursday morning, about 7 o'clock, and took her some tea and toast—I think it must have been about 9 o'clock that morning that I first saw the prisoner—I do not know whether my mother had the toast—I know she drank the tea—she was dreadfully sick at that time—I saw her sick—every time I went up she was sick—I do not recollect that she was sick when I went up with the tea and toast—I saw the prisoner in my mother's room at 9 o'clock—she was speaking to my mother; attending to her—she was not giving her anything at that time—I saw her several times during the day give her brandy and egg mixed up with it—the prisoner told me that it was brandy and egg, and that it would

do her good—I did not see her prepare it—she brought it up ready prepared—I do not recollect how my mother was directly after it; but I know she was sick all the while, with scarcely any intermission—she retched dreadfully and complained of thirst—I took her tea a great many times that day and she seemed to like nothing else but tea, the was so dreadfully thirsty—she complained of very bad pains in her chest—she said she had never had such a bilious attack in h her life before—I was very much in the room on that Thursday—I made the tea for her—I do not know how many times the prisoner was in the room that day—I know she was there very often—she held the basin to my mother, sat by the side of the bed and talked to her, and sometimes gave her the brandy and egg—my mother was continually sick the whole of the day—it must have been about 11 o'clock that night, I think, when I left her—my cousin, Mrs. Hawkeshead, sat up with her that night—the seemed very weak when I left her; no better, if anything, worse—I saw her next day, Friday—I do not recollect when I first saw her—I must have seen her early in the morning—she was then very sick indeed; no better than she had been the day before—the symptoms were all just the same—she retched and vomited all the while—she was thirsty still—I gave her a great deal of tea the second day—the prisoner told me my mother was much better that day—I think it must have been about the afternoon or evening that she said that; I am not quite sure—it was after I had seen my mother—I left her that night for my sister, Mrs. Naacke, to sit up—the last time I saw her that night was between 11 and 12 o'clock, I believe—she was not quite dead when I came back—she was purged during the Thursday and Friday, but I do not recollect that so much as her being sick—I was called up on Saturday morning and got there just before she died—it must have been between 2 and 3 o'clock, I think, in the morning—I saw the physic.

COURT. Q. What did you see when you went into the room on Saturday morning between 2 and 3? A. I saw my mother lying on the bed, and she appeared to be dying; but I do not recollect who was in the room at the time, I only know I was very much astonished—I did not at all expect to find her dying—she appeared quite quiet.

MR. BEASLEY. Q. Did she die very soon after you got into the room? A. Yes—I saw the medicine on the mantel-piece in my mother's room on the Friday—I saw the prisoner take it down stairs with her—I did not hear her say anything about who was to administer it—on the Thursday, my mother told me to mend her petticoat, and it would be ready for her when she got well again.

Cross-examined. Q. What time were you and your mother taking tea on the Wednesday evening, the day before she was taken ill? A. I do not know the exact time, we usually had tea at 5 o'clock—I do not think the prisoner was taking tea with us, I am sure she was not—she was very intimate with my mother—that intimacy commenced from the first time of the prisoner's coming to lodge with us, but not so much, I think, as about the last two months—I attended to my mother's household affairs—I usually slept at No. 27; but that night, as my sister sat up with my mother, I went over the way to sleep with Miss Rowe at No. 13—I sometimes slept at No. 13, but very seldom—I slept then in Miss Rowe's room—I had no reason for ceasing to sleep in her room, only my uncle told me not to go over the way, but to sleep in the same house—I never did sleep with Miss Rowe before, only the one night—I had slept at No. 13, but not with Miss Rowe; not in her room—when I did sleep over there it was with our servant—was continually in and out of my mother's room on the Thursday, and on the

Friday also; but not so much as on the Thursday—my sister was more there on the Friday—I do not know who was in the room when I went there, when my mother was dying—Miss Rowe went there a little before I did—I do not recollect Mrs. Hawkeshead coming into the room on Thursday or Friday—I do not recollect seeing her, but I know she was there both Thursday and Friday—the prisoner was assisting me in nursing my mother—the sickness took place very frequently on the Friday—she was sick nearly all the Thursday and Friday, with scarcely any intermission—she appeared very weak on the Thursday, but still weaker on the Friday—she was weaker towards the evening—I think I recollect her saying that she was worried about her money affairs—I think that must have been shortly before her death—I do not know about the time—I did not attend the inquest.

COURT. Q. What sort of looking woman was your mother; was she tall like your sister? A. No; much the same as myself; rather stout, not very—she had very good health ever since I have known her—I never saw any Lowness of spirits in her, or anything to indicate that she meditated self-destruction—she had always very good spirits; very even spirits.

HARRIET JANE STEVENSON . I am the wife of Sampson Stevenson, now residing in Pratt-street, Camden-town—in October, 1856, I was lodging at Mrs. Soames's, with my husband, at 27, Alfred-street—I occupied the second floor—in October, I was expecting my confinement—I remember the evening before Mrs. Soames was taken ill, Wednesday evening—I was in Mrs. Soames's kitchen that evening, and my mother was there also; not in the kitchen, but up stairs in the house—Mrs. Soames had said she would be with me at the time of my confinement—I was not in the kitchen when the prisoner came there—I was confined on the Thursday morning. The deceased was with me in the kitchen that night, Wednesday night—Mrs. Soames and I were speaking together that evening about her being with me in my approaching confinement—I was saying to Mrs. Soames I hoped that I might be able to call her up that night, and she hoped that I might be able to do so—that was said merely in a joking tone—I was confined on the Thursday morning—my mother left me to go and call Mrs. Soames—I believe it was about 4 o'clock in the morning that I was taken in labour—Mrs. Soames came to my room—she said, "Oh! Mrs. Stevenson, I do feel very bad; I am afraid I shall not be able to attend to you, as I have been sick ever since I have been in bed"—she was sick in my room and vomited in a pail there—she did not remain in my room above two or three minutes—she then left to return to her own room—I did not see her again alive.

BARTHOLOMEW ARCHIBALD DUNCAN . I am a licentiate of the college of surgeons and physicians—I have attended a person of the name of Sarah Allen, of Alfred-street, Bedford-square—she is at present suffering from diptheria of a very severe character—I think it would endanger her life to come here to-day—it was against my will that she was here yesterday—I think her life would be endangered if she came out again.

Cross-examined. Q. When did you see her last? A. About three quarters of an hour back—she was in a room in the house, 26, Alfred-street—she was not in bed—she was sitting in an easy chair—she cannot lie down—I ordered her to be sitting.

EMMA ROWE . I am a single woman, and reside at 18, Alfred-place, Bedsord-square—in 1856 I occupied some rooms in the house of Mrs. Soames, at 27, Alfred-street, and also some rooms in No. 13 opposite—I used to take my meals at No. 27—I carried on my business at No. 13—I was at Mrs. Soames'

on Wednesday night, 15th October—she was then in a very good state of health—I saw her next on the Thursday morning, about 10 o'clock, or it might be a little later or earlier; I am not positive—she was then in bed, and was very sick indeed—the prisoner was there—she came into the room—in the course of that day she persuaded me not to see Mrs. Soames again—she said she was better to be left alone; that she would get better if she was left to herself—I did not see her again on that day—I recollect on one occasion before Mrs. Soames died being in the prisoner's room at No. 27; that was on the Thursday or Friday, I am not positive which—I saw two medicine bottles on the mantel-piece; one was larger than the other—one was a small phial about the length of my finger; the other was larger; I should say it was a half-pint medicine bottle, I am not certain—I asked the prisoner what was the large bottle—she said, "Mrs. Soames' medicine"—I asked her why she locked it in her room—she told me it was particular stuff, and it must be given by herself—I asked her whether myself or her daughters could not administer the medicine to the deceased—she said, no, the doctor told her that it must be given by her own hands—I asked her what the little bottle was—the told me that was her own—her room door was locked by herself when she was not there—on the Friday night Mrs. Soames' youngest daughter slept at my lodging with me—on the Saturday morning early I was summoned to Mrs. Soames' bedside—she died soon after I came—I was not with her when she died—I had gone back to my own lodging—I then returned to the house, and found that she was dead—neither of the daughters were in the room at the time I was there—about five, or perhaps ten, minutes after the death, or it might be half an hour, the prisoner called me into her room—she said she wanted to speak to me; that she had a secret to tell me—I asked her what it was—she told me that Mrs. Soames' death was not a natural death—I asked her why—she said the truth was that she was acquainted with some man, and that man had borrowed money from her to the amount of 80l., and he had deceived her, and she was tired of her life, and she had taken something to destroy herself—it was to a similar effect—she told me that she had taken it on the night that she was taken ill—she told me she had taken it in brandy and water, in her presence—I asked her why she allowed such a thing to be taken and not tell her family of it, or the medical man—she told me it was not her business; and then I told her she must be the villain.

COURT. Q. Give us the words as near as you can? A. I said, "You must be the villain"—she made no observation whatever upon that.

MR. CLERK. Q. Do you recollect whether, at that or any other time, you asked her anything about the man of whom she had spoken? A. At the same time she told me that there would be a letter come—I did not ask her anything about the man before that—she told me there would be a letter come about Monday morning, and if I took it in I was to give it to her—I said, "Very well"—the letter did come—she said the letter would come from some man, but not from whom; it was only "a man"—I took a letter in on the Monday morning—this is the letter (looking at it)—the prisoner was up stairs when the letter arrived, and she came down and took it out of my hands—I never saw that letter again for six years; not until this year—I was not examined as a witness on the inquest.

Cross-examined. Q. How long had you been living with Mrs. Soames before her death? A. About six years—I lived in No. 27 for six years—I sometimes, occasionally, went to the other side, No. 13, but I always lived at 27—on the night before Mrs. Soames' death I was sleeping at No. 13—I

had been sleeping there for six weeks previous—I was carrying on no business in particular then—I did do something at 27, but my place there was let to others; my rooms that I had there were let to two gentlemen—my business was dressmaking during the six years that I lodged at Mrs. Soames—I took work in—am I obliged to tell you how much I paid per week for my Iodging?—my room that I occupied at 27 was 5s. a week—I only had one room in that house; that was a bedroom—I had two rooms in the other house, for which I paid 7s. 6d.—I was on very friendly terms with Mrs. Soames—I was in the habit of being with her—I knew the prisoner from the time that she came and lodged at Mrs. Soames—I very frequently saw her in company with Mrs. Soames—I was not so often in company with the prisoner—Mrs. Soames used to tell me nearly everything, up to within six weeks of her death nearly—for six weeks before her death she was not so confidential as she had been before—the prisoner and I never had any reason to disagree at all during the time she was there—I can't say that we were on particularly friendly terms; as other lodgers, no more—we were not particularly intimate—I very often went into the kitchen which Mrs. Soames used to occupy; daily—I did not always find the prisoner there; I did sometimes; not so very often; not daily—I carried on the dressmaking business at 27—I know Mrs. Hawkeshead—during Mrs. Soames illness Mrs. Hawkeshead was more constantly there than any other person, with the exception of the prisoner—I only saw Mrs. Soames once when she was ill, and that was the first morning that she was ill, the Thursday morning—I did not see her again until just before she died—when Mrs. Soames and I were together we were often in the habit of talking a great deal—it was about breakfast time on the Thursday that I ascertained that Mrs. Soames was ill—I should say about 9 or 10 o'clock, or it might be a little later or earlier—I can't say exactly how long I was with Mrs. Soames on the Thursday morning; perhaps about half an hour—I am not positive; it might have been half an hour or a little more or less; I can't say—it was in the course of the day that saw the prisoner again—about mid-day—I should say, to the best of my knowledge, it was about mid-day that she told me I had better not go again into Mrs. Soames' room—I cannot tell when the medicine came—I never saw it only in the prisoner's room that time—that was on the evening of Thursday or Friday; I am not certain of the day—I know that Mrs. Soames was ill only Thursday and Friday—I cannot tell you whether the prisoner called me into her room, or whether I went in of my own accord, on the evening that I saw the medicine there—there were more there than myself—there was another gentleman there—his name is Necker, a German; not the husband of Mrs. Naacke, who has been examined to-day; a stranger to that gentleman; his name is Naacke, the other gentleman's name is Necker—I first spoke to the prisoner about the medicine—I did not particularly notice the colour of the medicine in the large bottle—I could not swear to the colour—I left the room soon after the conversation took place about the medicine; I can't state the exact time—when I left the room, perhaps I did not go to my own room; I might have gone down stair; I am not certain—I left the prisoner in the room when I left it—I did not see the prisoner lock the door, because there was another gentleman and herself in the room—I did not feel annoyed at the prisoner's telling me that I could not give the medicine to Mrs. Soames—I thought I was old enough to give it, that was all—she had never been ill before, so that I had had no reason to attend her—she did not have any billions attack that I ever attended her for—I remember her being a little poorly sometimes—I

was very often with her—I never recollect her but once not well all the six years I lived there, or ever to have a medical man—on the Friday night, the youngest Miss Soames slept in my room, at No. 13—I should say it was about 3 or 4 o'clock, on the Saturday morning, that I left my room and went over to 27—I can't say the time positively—I went because I was called—a gentleman called me; I heard him, I did not see him—we did not go at the time we were called—we were not gone to bed at the time—we went to bed after that, and in my sleep I thought I saw Mrs. Soames, and that made me get out of bed—I thought I saw her when I was asleep—I believe at this moment that I saw her apparent to my sight at the time—I can't say whether I was asleep or awake; I am not positive, but I thought I saw her—it was in consequence of my thinking that I saw her that I went over to No. 27—I went straight to Mrs. Soames' room—she was not in bed—she was sitting up—I can't say whether it was in a chair, I suppose it was—she was wrapped round with clothes, loose garments—I can't say whether Miss Soames went with me, I think I left her behind in bed—I did not wait for her—I think she was in bed, I am not positive—I am not certain whether Miss Soames came into her mother's room while I was there—I saw her in the next room—I was not present when Mrs. Soames died—I left the room, it might be ten minutes before she died, or it might be half an hour, as near as I can tell, according to the time that I heard of her death—I can't tell whether Mrs. Hawkeshead was in the room when I left it, just before the death—I know well that the prisoner was there—the daughters were not in the room; I remember one being in the adjacent room—I cannot tell you whether Mrs. Hawkeshead was there, it is impossible, I would if I could—after I left the room I went immediately to No. 13—that was when Mrs. Soames was sitting up in the room, when she was alive—I came back to No. 27 directly I heard of her death—I went on an errand and came back directly and delivered it—I went across to a medical gentlemen, who told me to ask what was the matter with her, and I asked her the cause and went back to him—it was a gentlemen that lived at No. 13—he told me to go and see what was the matter with her—I went, and went back straight to him and told him what was the matter with her—he was lodging in the house at the time—it might have been half an hour or ten minutes after had been in the room before Mrs. Soames' death, before I returned again to No. 27 and saw the prisoner—I am not positive of the time, but it was very short—when I went into the house after the death I first saw the prisoner in the passage, not in any room—I went into my own room, just to the door, that was on the ground-floor—I did not lose sight of the prisoner then—she wished the two young ladies to go to bed—I was present—I saw the two young ladies with her, that was in my bed-room—the gentleman, Mr. Necker, was there as well—the prisoner did not leave me after telling the young ladies to go to bed—we went together into her sitting-room—the gentleman did not go with us—the prisoner called me into her sitting-room; she asked me to go—she left my room door and called me to her room—she did not use the word "poison" in the conversation that took place in her room—she said "what she took she took in brandy and water"—she first said she had a secret to tell me—I asked her what it was, and she told me that Mrs. Soames' death was not a natural one; that she was in her room and she took a something in brandy and water; and she made away with herself, and took something that caused her death; and what she took she took in brandy and water—those were the words as near as I can tell now; it is six years ago—she said that she took that something in her (the prisoner's) pre-sence

—I will swear that—she said "in my presence;" and I then said, after asking her why she had not prevented it, "You are the villain"—I can't say whether it was the next day or the next week that I saw Mr. Barnes at the house—I saw him, I know, but I am not prepared to say whether it was the next day—I saw him between the death and the inquest—I did not tell him about this conversation—I did not mention it to the daughters—I did to Mrs. Hawkeshead, but not the same day—I mentioned it to her before the inquest; I swear that, but remember I did not mention it the same; I did not tell her exactly the same thing I have told you—I could not say now what I did tell her—I said it was not a fair death—that was not before the inquest, long after, months, years, it may be, perhaps two years after—I told nobody about it then—I told nobody about it before the inquest—I knew there was going to be an inquest—I do not know where it was held—I did not attend the inquest—I did not see Dr. Whidborne after the death and before the inquest, not to speak to him, that I know of—I thick I saw him, I am not positive; I may have done so; I could not tell you, to swear to it—I cannot tell you when was the first time after Mrs. Soames' death that I mentioned to any person what the prisoner had told me about her making away with herself—it is impossible to say when was the first time—I mentioned it when the prisoner was in Newgate—I cannot tell whether it was in May or June last—I then mentioned it to Mr. Barnes—I have seen a person of the name of Taylor within the last six months—I first saw him when I was examined at Kennington Lane, the first examination, I can't tell you the date—I saw him before the examination, perhaps an hour or two before—I had never seen him before that to my knowledge—I had some conversation with him when I saw him—I think the detective, Mr. Boden, introduced him to me as Mr. Taylor—it is six years since I last saw the prisoner before I saw her at Newgate—Mr. Barnes called upon me about this—I cannot tell you how long that was before I was examined before the Magistrate—it was while the prisoner was in Newgate for her trial about the former case—I cannot recollect the date—Mrs. Soames never said anything in my presence about her getting married, never in a joke—I was not present at the conversation she had with her daughter about it—Mrs. Soames never said anything to me about her being worried about money affairs—I did not continue to live in No. 13 after Mrs. Soames' death—I left there on 7th November—I lived there up to the 7th—the prisoner was living there also—she had not removed from 27, and I lived at 13—I met her once now and then after the death.

MR. CLERK. Q. You have mentioned a man of the name of Necker, was he a lodger in the house? A. Yes; at No. 27—he is a German—I have not seen him for some years.

COURT. Q. You say the prisoner said to you, "She took it in brandy and water, in my presence?" A. Yes; I asked her why she allowed such a thing to be taken and not tell her family or the medical man—I am sure I said, "the medical man"—I was examined about this before the Magistrate (looking at her deposition)—there is a little mistake in this deposition, I stated about the medical man, but there is a little mistake in it—I did not tell the medical man, because I thought I should be called at the Jury—I did not know I was obliged to go; I thought I should be called, and I should have stated all the case—I never intended for it to be kept so long—I was quite prepared to go—I told Mr. Barnes something leading to it—I told him a day or two after the death that I was out on business in a public-house, a little way from the house, and the barmaid told me that Mrs. Soames

was poisoned—it was at a public-house called "Strange's," at the corner of Alfred-street—it was a day or two after the death that I told Mr. Barnes this—it was in the kitchen at 27, Alfred-street—I told him that I had heard that his sister was poisoned—he asked me who told me, and I told him the man, Miss White, she is the barmaid—I said nothing more than that—I did not tell him what the prisoner had told me, because I told her I would never tell without I was obliged, and I thought I should be called at the inquest—I told Mr. Barnes this, because I wanted to be called at the inquest to divulge the secret—I mentioned it then and now also, before I was called before the Magistrate—I could not tell you who to, it was to somebody—I have not mentioned it publicly to anyone—I mentioned it to Mr. Barnes—I told him about it fully before I went to Newgate—I could not tell you the time exactly, but it was this summer, just before I went to see the prisoner in Newgate—I cannot tell you why I did not mention it to the young ladies, it is impossible—what the prisoner said to me was this: that she had a secret to tell me; that Mrs. Soames' was not a natural death; the truth was, that she was acquainted with some man, that that man had borrowed 80l. and had deceived her, and then she was tired of her life and she made away with herself, or similar to that, I could not exactly say; that what she had taken was in her presence, and in brandy and water—I asked her why she allowed it to be done? why she had not told her family and the medical man?—she said it was not her business; "Then I said, you are the villain"—she made no reply.

ELIZA FRANCES MATTHEWS . I am the wife of Benjamin Matthews, of 42, Amwell-street, Pentonville, grocer and oilman—I should have known Mrs. Soames twenty years by this time—at the time of her death I had known her sixteen years—I was on very intimate terms, indeed, with her; her health was particularly good—in consequence of a letter, I went to her house on the Saturday after her death; I saw the prisoner there then, but had no conversation with her—I went again on the Sunday, I saw the prisoner then, and she had a conversation with me respecting my deceased friend, over her body—she took me up to see the deceased, herself; she had the key of her room in her pocket—I was very much surprised at the appearance of my friend; her hands were clenched and her face was dreadfully distorted—I said to the prisoner, "Her's must have been a bad death"—and she shook her head and said, "Poor dear, poor dear, ah! you don't know all"—I said, "Not know all, not know all; what do you mean?"—she said, "Ah, poor dear, you don't know all, did you know she was going to be married?"—I said, "Married, certainly not"—I said, "Do her daughters know it or her brother, Mr. Barnes," I believe I said—she said, "Oh, no, it is a profound secret from all"—she said, "If it was not for that I think we should have her with us now"—I said, "What do you mean?"—she said, "The day after you were here (which was on the Tuesday), she went out to see the man she was going to be married to, and she found it very different to what he had represented"—I think she told me that she went in an omnibus up by the Angel, somewhere, to see this man, and it was finding out the altered circumstances of this man that had caused her grief and brought on the bile—she said, "She was in the habit of having her letters directed to me, under cover, so that her daughters should not know anything about it"—she said, "The man was always borrowing money, and there will be another letter to-morrow, and you will see it will be the old story, wanting to borrow money; he will be sure to want to borrow more money"—I said, "More money, I don't understand"—she said, "It is very shocking, is it not?"—I asked if she knew whether Mrs. Soames had lent

the man much—I forget the exact sum she said, but she told me she believed it was very considerable; but the letter would be sure to be to borrow more money, as usual—she said that Mrs. Soames had wanted to borrow money of her, and I think she told me that she had lent Mrs. Soames 10l., and would have lent her more if she had had it—she said, "Poor dear, I would have lent her anything if I had had it; I had such love for her"—I do not recollect any more of the conversation that we had just then, in the room—she told me she believed Mrs. Soames had made this man's acquaintance in going up to see her brother, somewhere at Islington; that it was a very wretched place that he lived in, and he had got a lot of children—the prisoner told me that she knew the man quite well; that she had seen Mrs. Soames meet him; I think: she said she had been with Mrs. Soames to meet him.

Q. Did you hear her say anything, during this conversation, about brandy and water? A. Yes; she told me that Mrs. Soames, from meeting this man, and from the upset, had caused her to have the bile, and she was taken ill in her room after drinking a little brandy and water—I then went down to tea with the daughters and some friends there—she afterwards brought in a little bottle and made a great mystery of it, and would not allow it to come near the light, and said there was some conspiracy against the house—I knew Mrs. Soames in her lifetime very intimately—I was there on the Tuesday before she was taken ill; I had never heard her, at any time, say anything about getting married, or about any one writing to her, or borrowing money—a short time before her death she came to my house on her road to her brother's, very much distressed, after there had been a robbery in her house of a lot of silver—she was quite well then.

Cross-examined. Q. This conversation that you have spoken of took place on the Saturday, did it not? A. Yes; the deceased had known me from a little child—I was a great friend of hers—I went to the house on the Sunday soon after dinner, about half-past 2, and remained till about half-past 8 in the evening—I cannot recollect whether I saw Mr. Barnes there that day—I saw him the day of the inquest, but whether I saw him before or not I could not be positive—I was not present at the inquest; I was at the house—I went every day to see the daughters, and I likewise saw the prisoner afterwards, and I asked her when I saw her, the first opportunity, if the letter came that she spoke about—I saw Mr. Barnes on the day of the inquest; not in the morning; I think it was after dinner, if I recollect rightly—I did not mention to Mr. Barnes anything about this conversation that I had with the prisoner—I saw the daughters on the Saturday; but they were so grief-stricken that they could hardly speak to me—I saw them on the Sunday; but I had no conversation with them upon this matter—I went down and had tea with them after the conversation—I did not say a word to them about this, because she told me it was such a profound secret that I was to keep it to myself; and I did not tell any one but my husband, when he came to fetch me home, and I told him immediately what had taken place—I told him directly I saw him; not directly I saw him, but directly we got out into the street together and were going home; I had not an opportunity before then—I could not say who the next person was that I mentioned it to—I know that my husband and I talked about it, and I think for the sake of the daughters it was kept quiet as much as possible, to screen their feelings; they felt their mother's loss very severely—I was examined before the Magistrate on this case—my suspicions were aroused—I first mentioned this matter on the

night the prisoner said there had been a robbery perpetrated on her premises—that was a second robbery—I cannot tell how long that was after Mrs. Soames' death—I should think it was about six weeks after, but I would not say positively; then I mentioned it—this was a second robbery that I heard of from the prisoner—I don't think it is so long as eleven weeks ago that I was examined before the Magistrate—it was talked of all among our family circle that Mrs. Soames' death was very mysterious—I mentioned the matter to Mr. Chipperfield, the attorney, before I was examined before the Magistrate—I did not see a person named Taylor before I was examined before the Magistrate—I saw Taylor in the courtyard; he was pointed out to me by some of the detectives, who said that was the man Taylor that the prisoner had been living with—that was the day I was waiting at the Lambeth police-court with my husband—I said I had seen him before, and my husband said he was the man that the prisoner said was there on the night that the robbery was perpetrated—I had no conversation with him—I knew that Taylor and the prisoner had been living together; I had seen it in the papers—I did not know that there had been a quarrel between them.

MR. CLERK. Q. You say that after the conversation on the Sunday you saw the prisoner some other day at the house? A. I think I saw her most days that I went there after that—I said to her one day, "Mrs. Wilson, did the letter come that you spoke to me about?"—I cannot say what day it was that I said that to her; it was before my friend was buried, I am quite certain—her answer was, "Oh! yes; sure enough it came, and with the old tale, too, as I told you, wanting to borrow more money"—the prisoner made the statement about a robbery having been committed, some six weeks after Mrs. Soames' death; that was at No. 13—that was the first occasion upon which I saw the man Taylor.

COURT. Q. On what day was it that she had this long conversation with you? A. On the Sunday—I particularly remember that; when the body was in the coffin—I mentioned it to my husband about 8 o'clock the same evening—she said it was such a profound secret from the daughters and Mr. Barnes, about this man that she was going to be married to, and that she had lent all the money to; that she only knew the secret, and that she imparted to me at her death—she said nothing about keeping the brandy and water secret.

The deposition of Sarah Allen was here put in and read as follows: "I am the wife of David Leslie Allen, and live at 26, Alfred-street, pianoforte-maker—I knew Mrs. Soames very well—I remember her death—on the evening of Saturday, the next day after her death, I went into her house—the prisoner opened the door—I said, 'Is it true that Mrs. Soames is dead?"—she said, 'Yes'—I went into the prisoner's room—I said, 'What is the matter?'—the prisoner asked me to go up and see her, and I did—I afterwards asked her again what was the cause—she said, 'I know; I know all her secrets, and I am the only one who does, but I want to keep it secret for the sake of her daughters; she has taken poison.' " Further examination: "I knew Mrs. Soames six or seven years, and was very intimate with her—I saw her last alive on the Wednesday morning before her death, between 9 and 10 in the morning; she was cleaning her door—she appeared to be very well then—I never heard of her being ill—she was a strong healthy person—when I saw her dead I noticed that her features were very much distorted, and her fingers partly clenched, and I said to the prisoner that I thought she looked a very dreadful corpse."

CHARLES JONATHAN NEWTON . I am a master chimney-sweeper, of 8, Lambeth-hill, Doctor's-commons—the prisoner was in my service as a workman—on 5th September, I gave him a list, the addresses of work, in the morning; he was supposed to do that and come back again—I saw him about 11 o'clock—I asked if he had received any money, and he said, "No"—he went to other places after 5 at night; one of those places was 15, College-square, Dr. Phillimore's—the prisoner paid me a shilling in regard to that—on the following Thursday, I spoke to him about Mr. Cox, and asked him what he had done there—he said, "The kitchen"—I asked him if he was paid—he said, "No"—I asked him if he had got his selfings—he said, "Yes, he had received twopence"—I called at Mr. Cox's for the money, and on the Saturday the prisoner went there with me—the housekeeper said she paid him, and Mr. Cox said, "I know she paid you"—the prisoner said, "Then if you paid me I paid it in"—there are no persons in my establishment to whom he can account, besides myself and my wife.

COURT. Q. How many places had he to go to on 5th September? A. Seven jobs, from 4 o'clock in the morning—it was when he returned from those seven jobs that I asked him if he had been paid, and he said "No"—at 5 o'clock he was to go to 15, College-square, and he gave me shilling for that job when he came back.

EMMA NEWTON . I am the wife of Charles Newton—the prisoner never paid me any money in respect of sweeping Mr. Cox's chimney, on Friday, 5th September—he paid me tenpence in respect of sweeping a chimney it 4, Bread-street-hill, on the evening of that day.

Prisoner's Defence. It is all malice that has brought me here. I gave the sixpence to Mrs. Newton, and she never rubbed it off the slate. I forgot all about it when Mr. Newton asked me whether I had been paid or not, on account of going to the other jobs. I had never been paid there before.

COURT to ANN MERCER. Q. Had you paid him before? A. I did last time and the time before—I did not generally pay him—it has gone on sometimes for a week or two without my paying him; but the last time I did pay him.

COURT to MRS. NEWTON. Q. Do you keep any account of the sums which you receive? A. Yes; I have my book here—I do not enter the sum in the book as soon as the prisoner pays it over to me; I scratch it off the slate—we have, on a slate, a list of the work to be done, and when he hands over the money I come and put "paid" on the slate—I always do that; I have never put it off and not done it at once—as soon as I receive the money from him I do it directly—I do not do it in his presence—he could see it if he liked.

Prisoner. I have sometimes paid the money to the children. Witness. I have sometimes sent the children out to get the money, and they bring it to me; but then I go out directly and ask him where it came from, and scratch it out directly—I mostly put the money on the drawers—I do not count it over at the end of the day and see if it corresponds with the wok which has been paid for—the work is not enough to require that.

COURT to CHARLES NEWTON. Q. What do you do with the money your

SAMUEL EMERY BARNES (re-examined). I do not remember that I saw Mrs. Allen between my sister's death and the inquest—I believe Mrs. Allen was not examined at the inquest.

JOHN HENRY BAKER . I am a builder, at Boston, in Lincolnshire, I have known the prisoner some years—I knew her when she resided at Boston—I have here the probate of the will of a person named Peter Mawer—I am executor under the will—I knew him during his lifetime—he was a seaman at Boston.

COURT. Q. What is the date of the will? A. 15th April, 1854—Mr. Mawer died in October, '54, I think; I am not certain as to the date (MR. JUSTICE BYLES was of opinion that the probate was not admissible).

MR. CLERK. Q. Did you collect some rents for the prisoner? A. Yes—the balance I had to pay her in 1856, from property in Boston, after paying succession duty and everything, was 21l. 16s. 6d.—I am familiar with her handwriting.

COURT. Q. Have you seen her write? A. I have not seen her write, but I have had a great quantity of letters from her; on which I have acted.

MR. CLERK. Q. Look at that letter; (marked A) what is your opinion with regard to the handwriting of that letter? A. It is my opinion, to the best of my belief, that it was written by the prisoner, but in a feigned hand—my belief is that it is her handwriting—this other one (marked H), I am certain is from her.

Cross-examined. Q. You say you were in the habit of receiving many letters from the prisoner? A. I was—they were in a different handwriting to this which has been handed to me—this is in a feigned hand—I can hardly tell you when I first saw that letter—I saw it at the Lambeth police-court, but I do not know the date; it was at the time of the examination.

COURT. Q. Why do you say it is in the prisoner's handwriting? A. There are several of the letters which I form my opinion from, being so much in the usual way of her making; for instance, the "D" in the "Dear," and there is a peculiar curve in the cross of the "F"—the Wednesday is spelt in my letters the same as it is here, "Wensday"—I do not detect any other peculiarity at this moment, except the "W"—there is a peculiar style in the "W," in the third stroke, about half way up—those are the coin-cidences or likenesses which make me think it is in her handwriting—I want to be particular—to the best of my belief it is written as near in the prisoner's handwriting—of course, there is a little doubt about it, but I feel almost confident in my own mind—I do not think I should have known it as the prisoner's handwriting supposing it had been put before me, unless I had known something about the circumstances that I do now—if it were given to me promiscuously, perhaps momentarily, I should not; but I paid a great deal of attention to it before I was asked for an opinion—I paid particular attention to it for several moments before I formed an opinion—I am now of opinion that I believe it to be her handwriting.

JOHN SOFTLY SNEATH . I reside at Boston, and am editor of the Lincolnshire Herald—I have known the prisoner for about ten or twelve years I think—I have received many letters from her—I have seen her write—I have corresponded with her on business—from the knowledge I have in my own mind of her handwriting, I believe this letter marked "A" to be in the prisoner's writing—the letter marked "H" is in her handwriting—it is addressed to myself.

Cross-examined. Q. You say you have seen the prisoner write? A. I

have—that was in Boston about seven years ago—I believe this letter marked "A" to be in the prisoner's handwriting; it is in a feigned hand.

COURT. Q. Did you know the late Mr. Mawer? A. I did—I should think at the time of his death he was probably about something over sixty years of age—I am not aware that he had had an attack of gout—I frequently saw him; perhaps every week—I never heard him complain of it.

JOHN HENRY BAKER (re-examined). The prisoner had lived in the service of Mawer—I am not able to say how long; three or four years, to the best of my knowledge—I think he was fifty-four when he died—he had slight attacks of gout, but not anything very serious; he was confined to the house by them for a short time, but nothing of any account—I know nothing of my own knowledge about the medicines that he took. (Letter marked "A" read. Directed to "Mrs. Soames, 27, Alfred-street, Francis-street, Tottenham-court-road. Dear Maria, I hope you was not very hurt at my not being at home on Friday; I was surprised to hear a lady in black wanted me; I cannot let you have the 80l. now, but if you would let me have 10l. more, I will by next Monday come to the corner; don't say anything of what you are going to do, to anybody; send me word if you was not well after you got home on Wensday, as you was unhappy in the afternoon; direct this letter as the first used to be, for the old postman found fault in the street; be careful and come on Wensday; I will be the—; write by return. Yours.")

JOHN SOFTLY SNEATH (re-examined). This letter marked "H" is addressed to me; I received it at the latter end of December, 1855, or the beginning of January, 1856; (Read: "Dear sir, I wish you and your mother a happy new year; hoping you are both well as it leaves me at present; I have been to a loan office to see for 20l., to be paid back again by monthly payments; I have two securities, the landlady and a gentleman in the house; the only thing wanting is a reference to some one, to say I have the property of eight houses I named; he asked me if I could refer him to some one in Boston, as to say if it was so; I told him I was living on my income from houses and money out at use; the only thing I have told wrong is, that I am a widow; every one thinks I am a widow, therefore you must not alter what I have said about that; I dare say you will be wrote to; and if you will have the kindness to say that I am receiving my income that way, and I am capable of paying it, and have always been a punctual payer to every one, when in possession, I shall be very much obliged to you in so doing; of course you will be the best judge what to say, as you will have his letter before you, and I shall not know what he writes; if you will have the kindness to write to me what he asks you, in your answer, I shall then know what to say to him; I told your name, but I really do not think I told him where, so if you would have the kindness to ask the letter-carrier if he has a letter for you, they will say; I cannot remember that I told anything but Mr. J. Sneath; I do not know your private address myself now; I know it would not do to ask Baker, for he would soon say she may do without it, and would say, as leave as look at me, I had a husband; don't say anything to any one; I have not told any one but you about it. Yours respectfully, C. Wilson; in haste.")

JOHN COWER DIXON . I am clerk in the General Post-office, and have been for nearly seventeen years—the stamp on the envelope of this letter shows that it was posted at Torrington-place, that is near Russell-square, between 10 o'clock at night on the 18th, and 9 in the morning of 20th October, 1856; Sunday being the 19th.

SAMSON BYRNE STEVENSON . I am the husband of Mrs. Stevenson, who has been called as a witness—I am an upholsterer by business—I remember my wife being confined, at 27, Alfred-street, in 1856—I was out of town at the time—I came back on the Friday—I remember the fact of Mrs. Soames' death, and the inquest being held on her body—on the day of the inquest, after it was over, I saw the prisoner on the stairs of the house where we were living; No. 27—it was after returning from the inquest—she had her bonnet on—I asked her what was the result of the inquest—her answer was, "Plenty of cause for natural death"—she said, "How thankful I am; oh! if that fellow has given her anything"—she said nothing more; she stopped there, or I went on—I did not stop.

Cross-examined. Q. Did you see Mr. Barnes after that; before the inquest? A. No—this occurred after she returned from the inquest.

GEORGE FERRIS WHIDBORNE . I am a surgeon, practising at 61, Guildford-street, Russell-square—I was well acquainted with Mrs. Maria Soames, who died in October, 1856—I had attended her husband—I think he died about a year and a half before that—I had never attended Mrs. Soames herself—I had been in the habit of seeing her occasionally—I always thought her a very healthy person—she was of a very cheerful disposition—on Friday, 17th October, I was, for the first time, called in to attend her—I think it was somewhere about the after part of the day when I first saw her—I found her suffering from great sickness and pains in the stomach and bowels, and a good deal of spasm generally about the limbs, and great restlessness—to the best of my belief, I saw her vomit—I learned that there had been a great deal of vomiting prior to my arrival, and a great deal of purging as well—she looked very dejected—she complained particularly of sickness—in consequence of the state in which I found her, I made inquiries as to what she had taken that would be likely to produce such symptoms—Mrs. Soames told me something—I believe the prisoner was present at the time—I feel confident that she was—Mrs. Soames said that she had taken some pork pie, and that was all that she recollected taking lately, which she supposed might have disagreed with her—I thought the prisoner seemed very kind and very anxious about her condition, as any other friend, as I supposed her to be—she said she was sure the pork pie was very good, and, I believe, she brought it to show me—I feel confident that she did—I administered a mixture of aromatic confection and Batley's sedative, which is a mild preparation of opium—I sent that to Mrs. Soames, I believe, imediately after I saw her—it was a very short distance from my house—it was done immediately, as she was so seriously ill—I saw one of the daughters when I first saw Mrs. Soames—I do not recollect giving any directions, before I left the house, with regard to the administration of the medicine; as to who was to administer it—I do not recollect saying anything to the prisoner about it—I feel sure that I saw Mrs. Soames again before I went to bed on the Friday night—as she was so near my house and suffering so much I am quite convinced I must have seen a person in that state before going to bed—she was no better at all when I next saw her, and I increased the strength of the first medicine, the aromatic confection—during one of my visits to Mrs. Soames, on the Friday, I believe, something was stated to me about a man in an omnibus, and Mrs. Soames—to the best of my belief, that statement was made by the prisoner—I saw one of the daughters, besides the prisoner, when I called on Mrs. Soames—I do not think I saw any one else in her room—to the best of my belief, the statement that the prisoner made to me was this: that Mrs. Soames was in trouble; that she had anxiety and trouble relative to some intimacy that

she had made with this person in an omnibus—I do not remember that anything more was said—I felt surprised at it—I do not recollect whether, at any time when I was visiting Mrs. Soames, anything was said to me about her having taken anything—I was called to her again on the Saturday morning, the day she died, at an early hour—I believe it must have been before 6 in the morning—she was still alive, but very ill indeed; as ill as she well could be—I think I must have stayed there a quarter of an hour or twenty minutes, very likely—she was still alive when I left her; but, I thought, near her end—she died very soon after—when I first went there, on the Friday, I found her with certain pains, and there had been vomiting and purging—I believe the purging continued nearly up to her death—there was no cessation of bad symptoms.

COURT. Q. Where was it that she complained of pains about the body? A. More especially about the stomach and bowels; that was all—that was the particular seat of her pain.

MR. CLERK. Q. Was any application made to you after her death, for a certificate with regard to her death? A. I believe so; there must have been—to the best of my belief I refused it—I was examined as a witness at the inquest—I made a post mortem examination—I have no note now of the appearances which the body presented—to the best of my recollection, the mucous membrane of the stomach and bowels was inflamed—I do not recollect that there was any disease in any organ of the body, the head, or lungs; I attributed the death, at that time, to inflammation of the mucous membrane of the stomach and bowels—the effect of the administration of such medicine as I prescribed, in a case of choleraic diarrhoea, should have been to relieve pain and stop purging—I attributed the death to natural causes, at the time—I had seen the prisoner in the same house, some weeks prior to the death of Mrs. Soames; that was at the time that a person of the name of Dixon was residing in the house—I attended him as a patient; he died there—his illness was in June, and Mrs. Soames' in the October following—he died in June—at the time I was attending him I had some conversation with the prisoner, with regard to the administration of some particular medicine—that medicine was colchicum—the prisoner said that he had been in the habit of taking colchicum for rheumatics, and I, in answer to that, said that I considered colchicum a very dangerous remedy, and that it should not be administered except under the direction of proper attendance—she said she was aware of that; she understood that—I do not recollect anything more passing upon it.

COURT. Q. Did she say how she understood it? A. I do not recollect that.

MR. CLERK. Q. Do you, as a medical man, know whether colchicum would produce vomiting, retching, purging, and pain in the chest? A. I feel perfectly convinced that over doses of colchicum would do so—it would produce purging, sickness, pains in the chest and bowels, stomach and bowels, I should say.

Q. What do you mean by the chest, first you say chest, and then bowels? A. I say the stomach and bowels, generally over those parts—such effects would certainly not result from taking the medicine which I sent to Mrs. Soames—if anything unwholesome had been taken in the pork-pie, I should have expected it would produce in many persons purging, diarrhoea, and sickness—in some persons of weak constitution, I should say that would continue for a considerable time—the effect of purging on the unwholesome food in the stomach, would be, that the unwholesome food would be brought away—I do not think the pork-pie would kill—if the illness had arisen from

unwholesome food, I should have expected that my remedy would have cased her pain and quieted the sickness, and she would have got better—I certainly thought that the inflammation of the bowels, which I discovered in the body, was produced from something that she had eaten, and I certainly, at the time, thought that perhaps the pork-pie might have disagreed with her; but I was very much surprised that the remedies did not have the effect which is usual in such cases, that they seemed to fail—I did not think that such unwholesome food would have killed my patient.

COURT. Q. Do you still think that? A. I do—assuming poison to be out of the question, I could not suggest any cause of death—I really thought at the time that her illness was brought about perhaps by her taking cold and eating indigestible food; never baring known her ill before, I quite made up my mind she would soom get better.

MR. CLERK. Q. Do you, as a medical man, know whether a vegetable irritant poison taken into the stomach, would have produced all these appearances which you found? A. I should certainly say that a strong dose of a vegetable irritant poison would produce those appearances—I feel quite sure that doses sufficient to cause death might be administered in such a mixture as brandy and water, or brandy and egg, or in a medicine, without being discovered by the patient.

COURT. Q. Such as colohicum? A. Yes; that has not a strong taste, I should say.

MR. CLERK. Q. Has Batleys sedative some taste? A. Yes; I think a sufficient quantity of colchicum might be administered in that, to be injurious to life, without it being detected by the person taking it—I was present when the body was exhumed in the summer of this year, I think about two months since—Sergeant White was with me—I think it was on 9th June—I removed portions of the body; those portions were placed in jars, and I sent them to Dr. Taylor—they were placed in jars, partly by myself, and partly by my assistant—the body was in a complete state of decomposition—supposing death had happened from an irritant vegetable poison, I should say that there would be no marks discoverable about the body, in that stage of decomposition.

Cross-examined. Q. I understood you to say that you attended Mrs. Soames three times on Friday? A. Yes; the first time was between 11 and 12 o'clock, I believe—it was about the middle of the day—my second visit was, I think, just before I went to bed, I suppose about 10 o'clock; and my third visit was just before her death—to the best of my recollection, it was soon after 4 in the morning that they called me—when I paid my first visit, to the best of my belief, I saw Mrs. Soames' daughters there—I do not know Mrs. Hawkeshead; I do not recollect seeing her after the death; I have no recollection of seeing any one but the daughters and the prisoner, in attendance on Mrs. Soames—I thought the prisoner appeared very anxious indeed in attending to her—I do not recollect that Mrs. Soames, in my presence, objected to anything that the prisoner was doing—I believe I was fetched to attend Mrs. Soames by her daughter, Mrs. Naacke—I found she had suffered from vomiting and purging, and pain in the stomach and bowels—my opinion then was, that it was an attack of choleraic diarrhoea—I have stated that before—it was then that I administered to her a medicine composed of aromatic confection with Batley's sedative—that is the medicine which I generally administer when a person is labouring under this complaint—that medicine was sent immediately; there was no time lost at all—to the best of my belief, I saw her three times that day; I did not

say so before; but I have been thinking that it was to, because I was very anxious about her—I think my second visit most have been just before my dinner, at 5 o'clock—After that I increased the strength of the same medicine—I found that she was decidedly getting worse—I ordered embrocations to rub her with, and also mustard plasters—the symptoms which I observed Mrs. Soames to be labouring under, are the ordinary symptoms of choleraic diarrhoea—she was a good-sized person, not very much one way or the other; I should call her a middle-sized woman, florid and full, and healthy—I do not know that a person of that description would be more liable than another person to bilious attacks—I could see nothing about her that would have indicated it to me—choleraic diarrhoea is frequently preceded by common diarrhoea, or by what is termed bilious diarrhoea—choleraic diarrhoea is, I think, commonly understood a English cholera; I think you might so denominate it—if a person was attacked in the night morning by bilious diarrhoea, I should say that English cholera might supervene upon it the same day—it is not customary for a person so attacked with English cholera, to die within forty-eight or fifty hours of the attack; I have not known a case of it—it has not come under my observation—I think a weak constitutioned person might die within forty-eight or fifty hours of such an attack.

Q. Is it not known as a medical fact that persona of strong constitutions are attacked with English cholera, and die within forty-eight or fifty hours? A. I have no recollection of anything of the sort coming under my observation—I have not heard of it—I do not recollect reading of it—in the year 1854, I believe there were numerous instances of death from cholera in this City within forty-eight or fifty hours, I mean from Asiatic cholera—I keep a book in which I enter the names of the patients I attend—I have not got it with me—I can produce it within a quarter of an hour—I had it in Court all day yesterday, and it is now locked up, in the neighbourhood—I did not enter the nature of the medicine which I sent to Mrs. Soames—I do not always do that—I enter the visit; but my prescriptions are in a private prescription book, which I have in my pocket now—it is my private book, written for myself—if I chose to make an alteration in the prescription, I can do so—I have not any book in which I entered these special medicines; this is a sort of private pharmacopceia—it is a very ordinary course for gentleman in my profession to keep private formulas, and generally to give that medicine; it saves a great deal of trouble and writing—the aromatic confection and Batley's sedative is not what in ordinary language is called a plain chalk mixture—I should not call it so—I believe it is frequently called a prepared chalk mixture—in chemist's shops, if you ask for chalk mixture, they will give you chalk mixture with some aromatic confection in it—what is called a prepared chalk mixture does not contain Batley's preparation of opium—this was kept mixed; it is what I call my carminative or cordial mixture—it would be understood to be the ordinary chalk mixture, with aromatic confection; it is in everyday use—if you ask for the ordinary chalk mixture, it is the chalk mixture of the pharmacopceia; mine is not that; mine is my own private formula, which is an improved condition of the medicine; an addition to the chalk mixture—I am speaking from recollection when I say that I gave the deceased this particular medicine—I have no note—I have said that I gave her a prepared chalk mixture, because that is what I call my chalk and aromatic confection mixed—when I increased the strength of the medicine, I did it by increasing Batley's sedative and the aromatic confection—Mrs. Soames was in a very weak state when I saw her—when a

person it suffering from diarrhoea, and gradually gets worse, and does not send for a medical man, at the end of twelve hours she would be much weaker and in a worse state—the deceased was very seriously ill when I first saw her, and she very gradually got weaker—I was informed that she had been ill from the morning before—in causes of severe diarrhea, tincture of opium it sometimes given instead of Batley's sedative; but it is merely given as a more economical remedy; one is very much more expensive than the other—I do not consider that it because, in preparing Batley's solution, the astringent matter of the opium is partially lost—in my practice of something like thirty years, I have not found it out; I have had large hospital practice, as well as privates and I have found Batley's solution of opium answer my purpose, I may almost say, invariably—tincture of opium is used in parish practice more especially, not in private practice—the medicine which contains this opium staid certainly be administered with great care—all medicines that contain opium should be given with great care—opium is not an irritant poison—the person who takes it, or the person who administers it, must be very cautions that too much it not given in one dose—I label my medicines—although I do so, I sometimes tell my patients, as well how it is to be administered, especially if it be a medicine which requires caution in the administration of it—I may have told some one in the house to be careful how this medicine was administered, but I do not remember doing so—I saw the prisoner there—I believe I saw her at every visit—I do not recollect having any conversation with any of the inmates of the house, after the death, about tho cause of death—I can only recollect my being surprised at her dying so soon.

COURT. Q. Did you express that surprise? A. Certainly.

MR. OPPENHEIM. Q. Was it of your own accord, or at the suggestion of any member of the family, that you made a post mortem examination? A. I believe it was my wish to do so—I believe the examination was made the Wednesday, 22d October; that was the day of the inquest—I made the examination with my assistant—he was, a medical gentleman—he is not with me now, I believe he is in India.

Q. At the time of the post mortem examination did you make any analysis of any parts of the body, to see if it contained poison? A. To the best of my belief (it is now some five or six years since), the contents of the stomach were taken out, and taken to University College Hospital—I expected, if I found any poison, or anything that would satisfy me of the course of death, to find it in the stomach; and, as I think these things are much better done at an institution of that sort, it was taken there and nothing was found there to give me any satisfaction of poison being administered—I believe it was stated by me that no poison was found, or any trace of poison, more than simply common inflammation.

COURT. Q. By no trace of poison, do you mean no trace of any drug of any kind? A. No; of any irritant poison.

MR. OPPENHEIM. Q. What made you examine the body for poison? A. To the test of my belief it was buzzed about that she had either taken something herself, or that this man had administered poison, and the result was that the suddenness of the death induced me certainly to satisfy myself of the cause of death if I possibly could—this was bused about immediately after death—before that bussing about, I certainly did not entertain any idea that poison had been taken—if I had, I should very likely have used different remedies when I was attending her; most assuredly I should—I do not recollect that I made any notes of the post mortem examination—I sent the contents of the stomach, not the stomach itself; to University Collage

Hospital—we examined the viscera, and came to the conclusion that there was no poison or trace of poison in those portions—I did not make any notes of the examination—my evidence before the Coroner was given from recollection—it was given immediately after I had made the examination—the inquest took place on the Wednesday—to the best of my belief; the heart was examined—when I was examined before the Coroner, I recollected what I said—I certainly should not now so well recollect, after the lapse of six years, what symptoms were exhibited by the body, as I did then—I speak now of the inflammation of the mucous membrane, from recollection—I do not recollect stating, almost immediately after the post mortem examination, that there was nothing wrong in the mucous membrane; I might have done so—if I did say so, I then deemed myself correct.

Q. After her death, or at the time you were attending Mrs. Soames, did you imagine that she was labouring under distress of mind? A. To the best of my belief, I did not—I had never heard of anything of the kind—I had no reason to think that she was suffering from any distress of mind—I might have stated before the Coroner that I thought there was distress of mind—it is so long ago, I do not recollect—certainly I would not say that I did not—I might have said before the Coroner that there was nothing wrong in the mucous membrane—I presume that I should not have recollected now—I should not deny it, if I was told that I did say so—to the best of my belief, the heart was examined—I really cannot recollect whethere I observed any symptom of diseased heart—I do not recollect giving information to any one about certifying the death.

Q. If a person dies of choleraic diarrhoea, would there be imflammation of the peritoneum? A. I do not see that there is any necessity for that—I don't see that that should follow—the peritoneum is one of the coverings of the stomach and bowels generally; I believe there are three; you may call it the serous membrane of the outer covering of the bowels, and the inward lining of the abdomen—I call it the third covering—I believe it is generally called the outward lining of the bowels and the inward lining of the abdomen—to the best of my belief, that is the fact; it is a scientific fact.

Q. Did you, after death, say that you believed death had resulted from inflammation of the peritoneum and bowels? A. It is so long ago, that I really cannot bring my recollection to that—I do not recollect having said so within the last few weeks—when I was called upon to sign my deposition before the Magistrate, at the last examination, I said that I wished to alter that which I had stated before the Magistrate three weeks before—I believe I then said, "I stated, when examined here before, that after making the post mortem examination, I had come to the conclusion that death had resulted from inflammation of the peritoneum and bowels, and I now wish to state that I consider death resulted from inflammation of the bowels"—in using the term "inflammation of the bowels," I mean inflammation of the mucous membrane of the bowels—if a person dies from having taking poison, there might be inflammation of the peritoneum after death—peritonitis, and inflammasion of the peritoneum are the same thing—if a person takes poison, vegetable or mineral, I should have no doubt that peritonitis might result from it—if a person was suffering as Mrs. Soames was, I think it would be very customary for persons to administer brandy, with constant sickness and purging going on—I know that persons very often do what they ought not, without calling in a medical man—I do not recollect that I was asked by any member of the family, or by any person, to state how the death should be certified before the registrar—I have a great many certificates to issue in the course of my practice.

MR. CLERK. Q. It appears that you were examined twice before the Magistrate in the present year? A. Yes; I was detailing circumstances which occurred between five and six years before—in the first instance, I said that death had resulted from inflammation of the bowels, and peritonitis—on farther reflection I corrected that—it is my opinion now that death resulted from inflammation of the bowels only, to the best of my recollection—I say that irritant poison may produce peritonitis—constipation is a symptom of peritonitis—I do not think that you have vomiting much in peritonitis—there is excessive tenderness over the whole region of the stomach—I felt the stomach of the deceased—there was great pain on pressure, and apparent anxiety—I think the administration of an irritant poison would produce a great appearance of anxiety in the countenance—I thought there was distress of mind, from her appearance—I knew her, and had been in the habit of seeing her constantly since the death of her husband—I do not think that any disease of the heart would account for the symptoms which led to her death—I searched for poison in the viscera—I did not direct my attention to any particular poison—I had no reason to suspect any particular poison—at the time at which I made the examination, in all probability no vegetable poison would be discoverable in the body; there might be no trace—excessive purging might remove any trace of vegetable poison from the body—I expressed surprise at the time, at her Hidden death—looking at her previous health, the suddenness of her illness, sad all that I saw afterwards, I could not account for her death—I did not find any change in the character of the disease, from the time I first saw her up to its termination—it went on from bad to worse—I am not aware of any change.

COURT. Q. In your judgment, would a single dose of coloricum, unrepeated, account for the symptoms? A. It most be a very large dose—one very large dose might have produced those symptoms—I don't think the effect of one dose would have continued—I believe there have been instances where one large dose of colchicum has produced death, but that would, I believe, he very soon after—by "soon," I mean within the time this was, from one day to two days—I think the purging and vomiting would have thrown it off in a person of her constitution—she was a very strong woman—supposing colchicum to have been used, looking at what I saw, I should rather believe in a succession of doses than in one single dose—to the best of my belief, during her life-time, I expressed my surprise at the nature of her symptoms, to her daughter—I should certainly say that I did so twice—the prisoner was not present at that time—I am quite confident I said it to the daughter alone—I think I must have expressed my surprise to the prisoner; but I would not undertake to say that I did—I was most assuredly surprised during the progress of the disease.

JURY. Q. Would a person be likely to suffer thirst, retching, and vomiting, and pains in the bowels and stomach, from an attack of bilious cholers, or diarrhoea? A. Yes—I think it was two days after death before I commenced the post mortem examination—I believe the post mortem was on the morning of the inquest.

DR. ALFRED SWAINS TAYLOR . I am a doctor of medicine, and professor of medical jurisprudence at Guy's Hospital—I have for the last thirty years directed my attention particularly to cases of poisoning—I have studied and written on the subject—after five years' interment, I believe there would be no possibility of discovering a vegetable irritant in the body—supposing the death to have occurred on the Saturday morning, and an examination of

the stomach to take place on the following Wednesday, if a vegetable poison had been taken in a flned state, and there had been violent vomiting and purging, I should not expect, even if it were easy to discover it, that there would be a trace—I have been in Court and heard the evidence which has been given in this case—violent vomiting and purging, with pain in the bowels and stomach, are symptoms of English cholera—retching is an occasional, but not a very common, symptom—vomiting and purging are common, and pain in the bowels and stomach, which is relieved after the act of vomiting—I have not, in my experience, known of a case of a healthy person dying of English Cholers within fifty-two hours of the commencement of the attack—I cannot call to my mind that I ever heard or read of such a case—if English cholera is induced by taking unwholesome food, then one of two things would happen: either it might, after some days, lead to death by gastritis, inflammation of the stomach: or, the noxious matter would be speedily ejected by vomiting and purging, and the person would recover—it would lead to gastritis, and death after several days—the more common case is that the noxious matter in a healthy person is very speedily thrown off by vomiting and purging, and then the person would recover—that has been my experience with regard to unwholesome food—the persons have generally recovered—there has been violent purging and vomiting, and they have got well—in a case of gastritis, terminating fatally, there would not be vomiting or purging—at the moment gastritis is set up there may be slight vomiting, but those symptoms disappear when gastritis or enteritis is set up—constipation is one of the marked symptoms of gastritis, and would certainly occur before death, if death ensued from gastritis or peritonitis—in peritonitis, constipation is a marked symptom, and in gastritis also—I may mention, as a reason, that nature requires repose for recovery, and there is a want of action in all the parts, to allow the restoration of health—violent pain in the chest is not a symptom of English cholera—I have heard mentioned by Dr. Whidborne the medicine which he prescribed in this case—the effect of that medicine in a case of English cholera, if administered simply by itself, would be to act as a kind of sedative to allay the irritability of the stomach, and to lead to a cessation of the violent symptoms, supposing it depended upon natural disease—supposing a person to be suffering from natural diseass, of the character of English cholera, I should not expect to find increased severity in the symptoms, after the administration of such a medicine—I think it was a very proper medicine to administer, to allay the symptoms—an increase in the strength of that medicine would have a tendency to arrest the vomiting and purging—I have not known a case of death taking place, from natural disease, under such circumstances as I have heard described—I am acquainted with the action of colchicum and other vegetable irritants—the effect of the administration of doses of colchicum, is to produce a sense of fullness and heat in the throat, and violent pain in the stomach; bursing pain it is sometimes described—that is the effect of repeated doses, or one dose—I do not mean doses in the degree in which they are medicinally given; I mean larger doses—repeated, or in one large dose, it would produce nausea in the throat, burning sensation, severe griping pain in the stomach, vomiting, with violent retching, and copious purging of a watery liquid—thirst is also a symptom, and great restlessness, with great depression of strength—in most cases of irritant poisoning, there is great anxiety expressed in the countenance—in such a case the symptoms would progress in severity; that is the general course—nothing relieves them—such a medicine as that mentioned by Dr. Whidborne would, as a sedative, tend to relieve the progress

of the symptoms of an irritant poison—I do not think it would suffice to relieve them; but it would have a tendency to do so—the only relief to be experienced in such a case, is by the elimination of the poison from the body—the amount of relief would depend upon the quantity of the poison that had been administered; with a small dose the medicine might do good, with a large dose it would not.

COURT. Q. Suppose there had been poisoning by a vegetable poison, what would be the proper course to adopt? A. The proper course would be to promote vomiting at far as possible, and purging at the same time, and to keep the strength supported by the administration of any stimulating remedy—the treatment must depend upon the date of the case; if it was in the beginning, the vomiting and purging would tend to throw off any poison in the stomach; but after a few hours, the poison being absorbed, very little treatment of any kind would be of service.

MR. CLERK. Q. Suppose a dose of irritant poison to be repeated during the administration of the medicine, would that medicine have any perceptible effect in alleviating the symptoms? A. I think not; it would be a continual source of aggravation—in the case of natural sickness, of vomiting and purging, or anything of the character of English cholera, where proper medicine is administered, I should not expect to find the symptoms progressive up death; in the case of a healthy and vigorous person I should expect to find there would be a disposition to recovery, and great relief experienced by the vomiting and purging, from the noxious bilious matter being thrown off—I believe that a sufficient quantity of each a vegetable irritant as colchicum might be administed either in brandy-and-water, or brandy and egg, or aromatic confection, without the patient discovering that vegetable irritant in the substance—in the ease of a death from irritant poison, them is very often a fixed appearance of the features, as if of painful suffering at the last moment of lite—it is not a necessary symptom, but it is occasionally seen—when death arises from English cholera, exhaustion is generally the immediate cause of death—in cases of severe Asiatic cholera, countraction of the hands, and a distorted character of the features, is found—I have not known it in ordinary English cholera—in Asiatic cholera the death is, no doubt, from exhaustion and from the cholera together; but the body then is shrivelled and blue—in English cholera, I should not expect to find that contraction, and clenching of the hands, and distortion of the features, where death has resulted from exhaustion.

Cross-examined. Q. You made an examination of the body, or of the viscera, of Mrs. Soames, some few weeks ago, did you not? A. I made an examination of the remains on 29th July last—I then made a written report—I was not instructed in any way to examine for anything—I did examine for arsenio and other poisons—I examined for every poision that I thought likely to be found after so long a period of burial—I did not find any—I can speak more positively as to mineral opinons—there was certainly no arsenic, antimony, or mercury—Asiatic cholera sometimes visits this country—the symptoms in Asiatic cholera, generally speaking, commence with uneasiness of stomach, pain, vomiting, and purging of a bilious matter, and, as the case goes on, there are some times symptoms of fever; if the case progresses in severity, there is an epidemic state, and a person may die after four, five, or six days; but, generally speaking, in ordinary English cholera, there is recovery—Asiatic cholera is so remarkably different, that no medical man could possibly mistake it—in Asiatic cholera the person has icy cold lips and hands, and the fingers and toes are bluish—the breath is cold as it

issues from the body—there is only a half state of consciousness, and the discharge by vomiting and purging is a sort of whitish fluid, like rice-water—it is impossible to mistake it for English cholera.

Q. How long after a person is attacked by Asiatic cholera, do these symptoms exhibit themselves? A. In the case of a friend of mine, who died from it, they came on in seven or eight hours; he was dead in about nine hours, from a state of perfect health—the cases of cholera which occurred in this metropolis in 1854 and 1855, were a carious mixture—there was a combination of the Asiatic form of the disease with the ordinary English cholera, in which the English cholera appeared to be rendered much more malignant than usual; in the beginning of the attack the evacuations were paler, and then they gradually became like the evacuations in the malignant Asiatic form—a medical man is at once informed of it, by its being epidemicvomiting, purging, retching, thirst, pain in the bowels and stomach, would be the symptoms of English cholera—they would also be the symptoms of the combined form of cholera—it would commence in that form—the disease is epidemic when it is so severe.

Q. Are there not instances occurring monthly in the registrar's reports, of such deaths, when the disease was not, by medical men, thought to be epidemic, A. I place no confidence in them—many of those cases thus registered, I have found to be cases of poisoning—I know there are such cases registered, but they are not carefully done; they are not carefully recorded—I have in my mind at least six cases which have been registered as death from cholera, which have been from poison—when cholera is not epidemic, and where death is registered as death from cholera, I should immediately suspect poisoning—I would not say that my general belief would be that the death resulted from poison—I should require an analysis before I gave an opinion; but, at least in eight cases which I know have been registered as death from cholera, upon exhuming the bodies they have turned out to be from irritant poison; therefore, I say, I place no confidence in these isolated cases thus reported—when a person is attacked with combined or English cholera, it is not usual for them to suffer pain up to the moment of death—there are long intermissions—if death results from the administration of vegetable poison, the patient generally suffers from pain until the time of death—that is generally the result of vegetable irritant poison, if it is not expelled from the body—if the poison had been absorbed into the blood, it is not probable that the person, although of a healthy constitution, would get better—the poison might enter the blood in from half an hour to an hour, or even a shorter time than that according to the state of the stomach—if poison be eliminated from the body, no traces of it are found in a post mortem examination—if absorbed into the blood, it would depend upon the nature of the poison whether traces of it would be found upon a post mortem examination—the poison suggested to me, colchicum, would not—I believe it never has been found in the blood—I have said that a person suffering from the disease, the symptoms of which would induce a doctor to believe was cholera, and taking the medicine which Dr. Whidborne gave, I should expect to be relieved—there are certainly some cases which are not readily treated by medicine; but the general principle is, that medicine of that kind administered in ordinary cholera gives relief—I have heard of cases of cholera in which, although medicine be administered, relief did not ensue—it is the case in epidemic cholera, that, although persons take the proper remedies, they do not get better, but continue to get worse—that is a fact in all cases of disease—there are some diseases that do not yield to remedies—I have known persons

who have taken irritant poison, complain of pain in the chest—I think it in often referable to the action of the poison on the throat in swallowing—a burning sensation in the gullet has been one of the symptoms—if a person, suffering under cholera, vomits severely, and continues vomiting for two days, that might bring on pain in the chest; but I gather, that pain in the chest was an early symptom in this case—in oases that I have seen, or am acquainted with, I have generally referred it to the action of the poison on the throat—it might be muscular pain, resulting from the constant vomiting—I have not attended many persons for cholera—I have not practised for some years; but I have seen many such cases—for many years I have confined my professional practice to the subject of poisoning, to jurisprudential matters—the experiments I have made have chiefly been on dead bodies—I have, within the last few years, been called in to attend cases of poisoning by arsenic, and opium, and cases of that description—I have not seen many cases of cholera since I have ceased to practice—I have only occasionally practised within the last fifteen years or so—I have within that period been often called in to attend living persons who have been poisoned; I can't say in how many cases, they have been chiefly cases of poisoning by arsenic, and cases of suspected poisoning, chiefly by arsenic, and opium—I have not, within the last fifteen years been called upon to attend a person who had taken colchicum—a person may die from having partaken of diseased food, with all the symptoms exhibited by a person who had taken poison—it may produce the effect of irritant poison; in fact, it is an irritant poison—in such a case, I would not say that all the characteristics of poison would be exhibited—the principal characteristics would be exhibited; vomiting purging, and pain—death has taken place from the administration of one dose of colchicum in as early as seven hours.

Q. Do the symptoms exhibited by a person who has taken poison, show themselves very shortly after the poison has been taken? A. It depends upon the nature of the poison—colchicum has shown its action in from a few minutes to half an hour, or an hour—if colchicum be eliminated from the body, it might be contained in the early part of the vomiting; that which is first thrown off—it would depend upon whether or not it got into the blood; if it got into the blood none would be found in the vomit.

Q. If colchicum had been taken, and all the symptoms were exhibited by the person who took it, which you have heard detailed here, could any tract whatever of the colchicum be found in the body on the Wednesday after death? A. Taking what I have heard of the incessant vomiting, retching, and purging, and assuming that it was taken in a fluid state, if taken at all, I do not believe any trace would have remained, even if the body had been examined at the time of death, or soon after—I believe, from the retching, that the stomach was quite cleared out of everything—colchicum, in destroying life in the same doses, has, in the case of persons taking it at the same time, left in one case a reddish appearance of the bowels, and in the other case no appearance at all.

MR. CLERK. Q. You have, in answer to my learned friend, spoken of a combined form of cholera, in which certain symptoms are similar to those of what is commonly called English cholera? A. Yes; it commences in that Way—before that combined form assumes a fatal character, there is a change in the symptoms; the evacuations, instead of being bilious, become wholly altered in character, and it ultimately assumes the form of malignant cholera—in the case of a person suffering from English cholera, when sedative medicines are administered, there are intermissions of pain—assuming that

some irritant matter had been swallowed, I should attribute it to an effect upon the throat—supposing diseased food had been eaten, such medicines as those that have been spoken of, would not have effect until the diseased matter had been thrown off—if death resulted from the diseased matter, I should expect to find some of that diseased matter in the subject, in severe gastritis, and inflamation of the stomach and bowels—if the matter is not thrown off from the body, it produces severe inflammation, and death in consequence—if diseased food was such as to act as an irritant poison, and cause death, I should expect to find similar symptoms in the persons who shared that food.

JURY. Q. Would a vegetable irritant poison, such as colchicum, produce the same, and as speedy effect, if administered in solid food, as it would when administered in a fluid state? A. It would not more speedily when given in a fluid state, and upon an empty stomach—if there was food in the stomach it might delay its operation.

DR. THOMAS NUNNELLY . I am a Fellow of the Royal College of Surgeons, and practice at Leeds—I have for many years had an extensive practice—I have, for some years past, frequently had occasion to turn my attention to cases of alleged and actual poisoning—I have heard the evidence given by Dr. Taylor, and the distinction drawn by him between the appearances of natural disease and cases of poisoning, and I generally agree with that evidence.

Cross-examined. Q. Do you agree with all that Dr. Taylor has said in reply to the questions which I asked him? A. Generally—the answer with which I should most disagree, would be as to the impossibility of discovering any vegetable poison, speaking generally; an to colchicum, I entirety agree with him—I think there are vegetable poisons, the presence of which it would not be impossible to discover after their absorption into the blood—I entirely agree with Dr. Taylor, so far as his evidence relates to this case.

ANN MARIA NAACKK (re-examined). I do not recollect saying anything to the doctor about Mrs. Soames being in trouble relative to some intimacy with a person she had met in an omnibus, or any man—I cannot say I did not—I do not recollect it at all—I heard about the man in the omnibus—the prisoner told me the night after my mother's death—I had not, before her death, said anything to the doctor relative to any trouble that my mother was in about a man she had met in an omnibus, because I did not know it—I don't recollect that I ate any part of the pork pie; my sister lays that I did—I do not remember the pork pie being brought down.

MR. OPPENHEIM. Q. Did you or your sister fetch the doctor? A. I do not think that anyone fetched Dr. Whidborne; I think he was in the house attending to Mrs. Stevenson—I do not recollect fetching him—I don't think I saw the doctor—I do not know whether or not I said to him that my mother was suffering from worry of mind owing to money affairs.

JURY. Q. When your mother came down in the morning, did she tell you at what time she was first taken ill? A. Yes; she said she had been ill all night.

COURT to SARAH SOAMES Q. Did you, to the doctor or anybody else before your mother's death, say anything about a man in an omnibus, or any man about whom your mother was in trouble? A. No; I had never heard of it—I had never heard of it before my mother's death—I heard of it then from the prisoner.

Q. Do you know anything of what became of the residue of this pork-pie? A. I know we had a portion to it brought down stairs, not that part that my mother had, but a portion of the same pie—we ate the portion that was

brought down stairs—there was nothing at all the matter with any of us—I did not fetch the doctor—I did not say anything to the doctor about my mother being worried with money affairs.

ELIZABETH HILL . I am now living at 40, Sidney-street, Brompton—in April, 1856, I came up from Boston with the prisoner, as her servant—I west with her when she took her lodging at Mrs. Soames'—that was in November—at that time there was a person named James Dixon living with her—before Christmas, 1855, I remember that she was short of money—I took and pawned her watch, and several things for her; some of her dresses and rings—that was before Christmas, and after Christmas I did somethig of the same kind once or twice—she said she had been robbed, and on Christmas-eve she got me to go down and ask Mrs. Soames in the morning if she would lend her a sovereign—she said she could not, she would lend her half-a-sovereign, and she gave the half-sovereign to me, and I gave it to the prisoner—she did not tell me how much she had been robbed of—I remember going to Blakey's, in Argyll-square; it is a private boarding-house—I left the prisoner, and got the situation there as servant—I went there on 18th February, 1856—before that the prisoner sent me to Blakey's about a loan—she told me to ask Mr. Blakey to be security for a loan for her—I did ask him, and he said he would not—she said she would ask Mrs. Soames to be her other security—I called on her before Mr. Dixon died—I went in to see her—that was in May—I saw her, and had my tea there—I stopped there some time—it was rather late in the evening when I left—when I was going out, I said, "You have got your apartments very nicely furnished," and she said, "Yes; I got a loan, and Mrs. Soames was one of the securities"—she told me that as I left the door—I did observe they were nicely furnished.

Cross-examined. Q. I understand you to say that the pawning of which you speak, took place at Christmas, 1855? A. Yes; before Christmas, it us on 18th February, 1856, that I went to live with Mr. Blakey—I was was sent to inquire about the loan before that—I did not say it was in June, 1856—it was just before Christmas, I think; before I went to live with Mr. Blakey—it was sometime between Christmas, 1855, and February, 1856—I left the prisoner's service in February, 1856, and It was in May, 1856, that I saw her with new furniture in her room.

GUILTY .— DEATH .

There was another indictment for murder against the prisoner.

ESSEX CASES.

Before Mr. Recorder.

Reference Number: t18620922-997

997. HENRY WILLIAM SANDIFER (36) , Feloniously wounding Emma Spurgeon, with intent to do her grievous bodily harm.

MR. HORRY conducted the Prosecution.

WILLIAM CURTIS . I know the prisoner—on 18th July, I was with him at the Rising Sun public-house, with two others, for about three quarters of an hour—we went from there to the City of London beer-shop, at Little Ilford—Emma Spurgeon was behind the bar—the prisoner called for some beer, which she supplied—we sat down in front of the bar—the prisoner sat down, but not near us—I was playing the concertina, and my two friends were also playing—while we were doing so, Emma Spurgeon came out of

the bar, and went to the door—as she came back again I saw the prisoner get up and put his left arm round her shoulder and stab her with a knife—she screamed, ran to her mother, and said, "My God, I am stabbed; this man has stabbed me"—I saw a knife in the prisoner's hand—I ran to him and secured him—he said he had thrown the knife outside the door—I ram and picked it up—I saw blood issuing from a wound in the prosecurtrix breast—I said to the prisoner, "What made you do such a thing as this?"—he said, "I have done it; I don't wish to offer any resistance; I know I have done it; I meant to do something."

Cross-examined by MR. METCALFE. Q. Had anything been said before the stab? A. Yes; the prisoner remarked that he should do something, but we thought he meant to himself—there had been no quarrel with the prosecutrix—the prisoner appeared to have been drinking—he appeared to be sober, but he remarked that he had been drinking for some time—I did not see him drinking anything but ale at the Rising Sun—he was them before us—I don't know that he was in a state of delirium tremens when he was taken—he showed me his tongue, and said he had been drinking for some time, and had eaten nothing for three or four days—I saw him at the station next morning—he seemed in a very weak state, and trembling—he asked for a glass of water as he went along, and he could scarcely hold it to his mouth, he was in such a state of shivering and trembling.

ANN SPURGEON . I keep the City of London beer-house, at Little Ilford—on 18th July, between 6 and 7 in the evening, I saw the prisoner come into the house—he sat down close to the bar door—my daughter was then in the bar—I went up stain, and as I came down I saw her at the frost door—as she came back to the bar I saw the prisoner jump form his seat, put his left arm round her, and struck her in the breast—they both had their backs to me—my daughter screamed out, "Mother, I am stabbed"—I said, "You villain, what have you done?"—he said, "I did it; I meant doing something; the knife is out there," and he pointed with his hand—I went to my daughter's assistance, and the prisoner was secured.

Cross-examined. Q. There had been no quarrel of any kind before this? A. No; nor any disturbance in the house—there was no refusal to draw beer—the prisoner had not known my daughter before—he was an entire stranger.

EMMA SPURGEON (examined by Mr. Metcalfe). I had not known the prisoner before—I had no quarrel of any kind; I never spoke to him—there had been nothing unpleasant before this.

EDWARD WHITTINGTON SULLIVAN . I am a surgeon at Ilford—on the evening of 18th July, I was sent for to attend Emma Spurgeon—I found an incised wound in the left breast, bleeding very considerably—such an instrument as this is capable of inflicting it.

Cross-examined. Q. Did you attend the prisoner after he was taken? A. I saw him that evening, and also next day in the prison—he was not suffering from absolute delirium tremens; it was a very near approach to it; it was in an incipient state—he had been drinking many days—he had tremor, but his mind was not out of order—the very next step would be delirium tremens.

GUILTY of unlawfully woundingConfined Twelve Months

Reference Number: t18620922-998

998. WILLIAM LUCAS (55) , Stealing I truss of hay, and 3 bushels of oats, hay, and clover, the property of William Lavere, his master.

MR. LILLEY conducted the Prosecution.

ROBERT ELSTON . I am in the employment of Mr. Lavers, of Plaistow Marsh, as watchman—on 3d September, in consequence of order I received from him, I noticed the prisoner—I let him out at the gates at a quarter to 4 o'clock in the morning—he had with him two nose-bags full, and a piece of a sack full, and a truss of hay—he drove two horses—I let him out on the Friday following at 5 o'clock—he then had two nose-bags and part of a sack full, and a whole sack full and an arm full of clover-hay—I have been three years in the establishment last March—I got up in the cart and examined the sack—it contained out clover, out hay, and oats—I saw no beans.

Cross-examined by MR. METCALFE. Q. Was the prisoner there when you got up? A. No; he had gone to water his horses—the prisoner knew that I have of late been always employed there as watchman—I spoke to him, and helped him to put the horses into the cart—I was not there when he took the fodder from the bin, but I examined it after it was loaded on the cart—the fodder is kept in the stable; the bin is left open, and the men take it—the piece of sack was partly full—I mean a sack which had a little in it.

MR. LILLEY. Q. Did you see him load the cart with fodder on the Wednesday? A. I saw him with it in the cart—the men help themselves—there was nobody there but the prisoner.

WILLIAM LAVERS . I am a contractor, and have works at Plaistow, and also at Harrow—the distance from one place to another is sixteen or seventeen miles—the prisoner has been in my employment since January—on Wednesday, 3d September, I was at Harrow, when he arrived with the cart, and two horses, about 2 or half-past—a totally filled nose-bag each horse would be as much as they could consume in the whole journey there and back—the men were invariably told on all occasions to take a day's supply only, so as not to have anything to take home at night—a sufficient supply is one totally filled nose-bag for each hone—I find they cannot consume more with other men—it is impossible that the prisoner's horses could have consumed two nose-bags full, a sack and part of another sack full, and a trust of hay, before they arrived at Harrow—I spoke to him when he arrived; but not on the question of forage—he then had two nose-bags not a third full—on the Friday he arrived at Harrow between 2 and 3 o'clock—I should say each bag was then rather more than half full, and there might have been a double handful in one sack, but not sufficient to call any—I should say that the sack had not been cleanly shook out, there was just a little in the corner—I asked him if he had brought any forage for the horses stationed at Harrow, on Wednesday—he said, "No, I was not told to bring any"—I said, "Well, that is rather stupid; you are sure you did not bring more down on Wednesday than you wanted, and you did not bring any to-day?—he said, "No, I only brought the allowance "—I said, "No, you have none to spare"—he said, "No," and left—after his return, I made special inquiry as to what he had started with—it is simply impossible that the quantity taken on Wednesday could have been consumed by the horses on their journey to Harrow—I then went to Tower-street, and got the assistance of a detective, and gave the prisoner in custody—I repeated the whole of the conversation I have now given, and asked the prisoner whether he had taken any forage back to the stables on the Wednesday evening—he replied "No"—I asked him whether he took any forage back with him on the Friday—he replied, "No"—I asked him again, and he said that he had a little left in the bottom of the bag; it might be a double handful—I said, "Had you any hay, or

any clover?"—he said, "No"—I called an officer, and gave him in custody—the prisoner said to me, in the presence of the constable, that if I would forgive him it should not occur again—he pleaded hard for forgiveness, and said that it should not occur again.

Cross-examined. Q. Have you any horsekeeper, or person who has control of the fodder? A. No one specially appointed for the purpose; the carmen take it from the chaff-cutter, and put it in the bin—it is given out to one man who cuts it up, and it is placed in the bin—he is not here—that quantity of corn is calculated to last a certain time—it is accessible to all the men, and they help themselves just as they like—I have told the prisoner expressly that he was to take out a nose-bag full for a day—my standard is a well filled nose-bag—there is a great deal of difference; if a nose-bag is well filled it will hold considerably more—I gave the prisoner no particular orders on this occasion—I told him about the time he came into my employ to take a well filled nose-bag for each horse—I do not remember saying that to him, but it is my invariable practice with a new man—if I said before that each nose-bag was fall when he arrived at Harrow I stated what I did not mean; there was very nearly half as much more on Friday as there was on Wednesday, and on the Friday there was a little in the sack besides—I should think he would feed the horses twice coming, and twice going back—I should allow fifteen hours there and back, but he was much longer than he ought to have been—I did not say so to him, because he had the work to do in the day—I do not know what time he started—I have no foreman during the night, there was one at 6 o'clock or a quarter to 6, but the men have their orders—he simply delivered his load at Harrow, turned round, and went back again; they go back wonderfully quick in proportion to what they come—the horses know the road better, and they have no forage to take—I was within a few yards of the cart wheel when I asked him what he had brought—the two watchmen should both be on duty at Plaistow when he left.

MR. LILLEY. Q. Had the prisoner authority to take a larger quantity than the two nose-bags full? A. No, and the trust of hay is the great difficulty.

COURT. Q. What proportion does a sack bear to a nose-bag? A. Hardly four to one—a sack would not tightly fill four nose-bags—over and above the nose-bags a man might take a double armfull of hay, and that would be consumed—this would not be more than was required, unless they had the note-bags full.

JOSEPH JONES (Policeman, L 151). On 6th September, Mr. Lavers gave the prisoner into my custody, and charged him with stealing a truss of hay, and some mixed corn—he begged Mr. Lavers to forgive him, and it should never occur again—he was rather reluctant to leave the counting-house, and when within a few yards of the office door he asked me if I had found where it was sold—I said, "No," and cautioned him not to say anything that might criminate himself.

Cross-examined. Q. Did you think he was chaffing you? A. No—I heard what ho said before the Magistrate.

GUILTY .—Strongly recommended to mercy by the Jury on account of the temptation held out by his master.— Confined Two Months

Reference Number: t18620922-999

999. HENRY REEVES (18), and THOMAS HALL (18), Stealing 1 handkerchief, the property of Charles Cobham, from his person; to which

REEVES— PLEADED GUILTY .

CHARLES COBHAM . I live at 7, Egerton-terrace, Stratford—on Saturday, 30th August, between 1 and 2 o'clock, I was walking up Stratford-grove, and in consequence of a question put to me by a gentleman passing T felt to see if my handkerchief was safe, and found it was gone—the stout prisoner was pointed out to me (Hall)—I think they were both in company—I crossed the road to him—I said, "Young man, I want you," and he ran away at full speed—they both ran in the same direction—I called out, "Stop thief"—I did not see either of them stopped; I met them coming back—they were brought back to me almost immediately.

Hall. Q. Did you see me take your handkerchief? A. No, it was picked up shortly afterwards, and given to me; this is it (produced.)

JOHN THOMAS HALL . I am a servant living at Stratford—on 30th August I heard a cry of "Stop thief," and saw the two prisoners running away—I followed and caught Reeves—I saw a red handkerchief thrown away as they were running—I did not see who threw it away.

JOHN DAVIS . I am assistant to Mrs. Harris, of Stratford—on Saturday, 30th August, I saw Mr. Cobham coming along the Broadway—I saw Reeves behind him—the prosecutor was leaning on a lady's arm—as he came along Beeves stooped down, and when he rose again he had a handkerchief in his hand—I turned round to Mr. Cobham and told him he had lost his handkerchief—I did not see Hall during this time, not till afterwards; he was standing on the other side of the church.

Hall. This gentleman said first that I stole the handkerchief. Witness. Oh, no, it was Reeves, and I said so at first.

COURT. Q. You said Hall before the Magistrate? A. Reeves is the party I saw; he was the one I meant—I did not see Hall till afterwards—I saw Reeves running past the church, and he caught up with Hall, and they both ran off together—they were about fifty yards apart at the time of the robbery.

HALL— NOT GUILTY .

Reference Number: t18620922-1000

1000. HENRY REEVES and THOMAS HALL were again indicted for stealing 3 lbs. of tobacco, the property of John Craddock.

JOHN CRADDOCK . I am a tobacconist, living at Stratford—on 30th August, about twenty minutes or a quarter to 2, I missed about from three to four pounds weight of tobacco—I had seen it safe about twenty minutes or a quarter of an hour previous—I gave information of it to the police—I have since seen some tobacco at the station—this is a portion of it (produced)—I took a sample with me to compare with the other, and it corresponded—it was exactly like what I lost.

THOMAS HALL . I am a servant at Stratford—I heard a cry of "Stop thief," and saw the two prisoners running away—I followed them—as I was following them I saw Hall throw some tobacco away; he threw it on to the road, and some on to a cart, as he was running by—I did not pick up any of it—it was picked up, not in my presence.

Reeves. I know nothing of the tobacco.

Hall. That tobacco I had given me.

COURT. Q. Did you not say before the Magistrate you saw Reeves throw it away? A. No, I said Hall.

HENRY BARNARD (Policeman, K 455). I was on duty at West Ham station when the two prisoners were brought there—I searched them—I found a portion of tobacco on Hall coming down the legs of his trowsers—this is it; this other was brought in afterwards by a witness.

Hall. The tobacco that was found down my trowsers was my own; I bought a quarter of a pound; a man gave me the other.

HENRY CRADDOCK . I am a bootmaker, living at Stratford—on 30th August, in the afternoon, I heard a cry of "Stop thief and saw the two prisoners running away—I was the principal one that followed them—I called out, "Stop thief"—Hall was caught first; the other ran round the corner of the lane and jumped over a wall into a field—the witness, Hall, jumped over and caught him, and we took both to the station—in going along they emptied their pockets of tobacco—they had side pockets—I saw them pulling it out of their pockets as fast as they could as they ran along—I did not pick up any of it—I saw it, but did not stop—a portion of it was given into my hand as I came back by a young woman, who picked it up.

Hall. It is false. This one had no tobacco; it was me that had the

"Take the knives and the razor away," and Mrs. Newton took the razor—Austen was in a very low state, and a doctor was sent for.

Cross-examined. Q. Was she struggling much when Austen held her down? A. No, I did not see her struggle.

BRIDGET NEWTON . I live at 34, Lower Wood-street, Woolwich—on 8th July, about 9 o'clock in the morning, in consequence of something I heard, I went to the place where the prisoner lived—when I had got half way up stairs, I heard Austen call out, "For God's sake, Mrs. Marsh, come, I am murdered"—I went into the room, and he said, "For God's sake take the knives out of the room"—I took a knife off the table, and threw it down stairs—there was only one knife and fork on the table, and by the time I went into the room again he had a razor in his hand—I took it from him and handed it to Mrs. Marsh—he was bleeding very much from his neck—the prisoner said nothing in the room.

Cross-examined. Q. Have you said that she said that she loved him, and wished to die at his feet? A. Yes, that was after she came out of her own room into the front room—I asked her what she had done it for, and she said that she loved him, and wished to die at his feet—that was after all this had happened.

THOMAS JOHN HUGHES . I am a surgeon and physician of 3, Albion-road, Woolwich—on 8th July I was taken to the house and saw the prosecutor lying on his face on the ground, with his trowsers down about his legs, and a wound in the back of his neck cutting through down to the spine—it went from the angle of the lower jaw right round to the other jaw—it cut through the sheath of the carotid artery, but did not cut the artery—it cut through all the muscles of the neck right down to the bone—it was a very dangerous wound indeed—it would be likely to be committed with a rater—I sent him to the hospital.

COURT. Q. You say that the carotid artery was untouched? A. Yes; but the sheath of it was wounded, and I felt it pulsating under my finger—there had evidently been two cuts—if the carotid artery had been cut, he would have died instantly—it would require a very firm determination, and a very sharp instrument to inflict those cuts.

CHARLES WILDERSPIN (Policeman, R 268.) On 8th July, I was called to the prosecutor's house and took the prisoner—the prosecutor was lying on his face on the floor, bleeding from his neck—I told the prisoner the charge—she said, "I have not done it, but I wish to die at his feet."

GUILTY on the Second Count. —Ten Years' Penal Servitude.

Reference Number: t18620922-1002

1002. MARY RILEY (30), ELLEN ROSE (24), and MARY FLYNN (44) , were charged on the Coroner's inquisition only, with the wilful murder of John Riley.

MR. METOALFBE, for the Prosecution, offered no evidence. NOT GUILTY .

Reference Number: t18620922-1003

1003. THOMAS SHIRTLIFFE (55) , Feloniously killing and slaying Louisa Shirtliff. He was also charged on the Coroner's inquisition with the like offence.

MESSRS. KEMP and ROSHER conducted the Prosecution.

ELLEN MURPHY . I live at 5, Rose-street, Deptford—on 27th July, between 10 and 11 o'clock, I met the prisoner—he said that there was a quarrel between him and his wife, through his week's money, which he had lost; that she accused him of being in bad company, and he said he was not, and threw a shell at her, and he thought he had done for her—I said, "How is she?"—he said, "She is all right now; she had got the gin-bottle

as I came out"—I went and saw her about a hour and a half afterwards; she was lying on the bed—she said that it served her right, because she had aggravated him so—she came to me the same afternoon down to the Evening Arms, where I keep a stall.

Cross-examined by MR. SLEIGH. Q. Did you and she go into the Evening Arms together? A. No; she asked me to get her a pot of half-and-half, and three people drank it—she and I had another pot, which we shared between us—that was the very afternoon that the prisoner told me that they had had a row—I never saw her the worse for liquor in my life—I do not know whether that is because she used to drink such a large quantity without its taking effect upon her—I do not know whether gin is her favourite beverage—I have something else to do than drink with her—she is not one of my pals at all—I may have drank with her—I did not see her till the Wednesday week afterwards—she did not die for a fortnight afterwards.

LOUISA SHIRTLIFFE . I live at Grove-street-hill, Deptford—the prisoner is my father—I recollect a quarrel between my father and mother on Sunday, between 11 and 12 o'clock—while I was in my own room, I heard my mother say that she would rip my father's b—y guts open, and my father said the same—my father said it first—after I heard it, I went into my mother's room—she was bleeding from the back part of the head—the prisoner was there, and my mother repeated the expression that she would rip his b—y guts open—she had only a knife in her hand—she said that my father heft the shell at her—my father was there then, washing himself—I washed my mother's head; she was bleeding a good bit—I did not send for any medical man—a surgeon was not sent for till the day she was dying.

Cross-examined. Q. I am afraid your mother was given to drink? A. She had a little drop in her, but not much out of the way—she knew what she was talking about—I never saw her much out of the way—I have seen her sometimes out of the way—I saw her drinking from a gin bottle between 11 and 12 that morning—she was not quite sober at the very time—she was sometimes in the habit of getting tipsy, not always, and then she sometimes quarrelled and fought with people—I never saw her rolling about in the street when tipsy, but I have seen her staggering about her lodgings—she went out on this very Sunday night, and again on the Monday and Tuesday, but not on the Wednesday—she had nasty swellings on her head, that used to burst and bleed—one of them had burst the day before—she used to strike my father, and I have had to interfere to prevent it—this is the shell (produced)—it was in my mother's hand, and is the shell she spoke about.

COURT. Q. Was there another shell? A. Yes—on the mantelpiece—the prisoner was sober.

ELIZABETH HAMMERSLEY . I am the wife of Alfred Hammersley, of 14, George-street, Deptford—on Sunday, 27th July, about 11 o'clock, the last witness came to me and asked for a piece of strapping, which I gave her—about four or five minutes afterwards I saw the prisoner pass my door—I stopped him and said, "I say, what have you been doing?"—he said, "She has been fighting and quarrelling with me all the morning about some money I lost, and throwing things at me, and I unfortunately hove the shell at her, but I did not mean it to strike her "—he appeared sober.

Cross-examined. Q. Have you known him some time? A. Yes; both of them, but I never passed many words with them—he has been in the same employment for thirty years and upwards—I never saw him tipsy in my life.

JAMES JOSEPH FREEGRAIN . I am a surgeon of Rotherhithe—on Monday, 11th August, I was called to a house in Grove-street, Deptford—I saw a female there who gave the name of Shirtliffe—she was in bed, and in a dying state—she had several tumours on the head, and one of them, on the top, at the right side, was gathering—she was almost pulseless—she died on the day I saw her—I made a post mortem examination on 14th August, by the Coroner's order—her right leg, knee, and thigh, were very much swollen, and on the inside of that knee was a small contused wound—there was also a contusion on the left side of the chest—I found on the head the suppurating tumour I before alluded to—on removing the soalp, I found, on the part of the head corresponding with the suppurating tumour, a part of the skull, of the since of a broad bean, punctured in, and the membranes of the brain, corresponding to that part, were commencing to inflame—on raising the dura mater, I found a deposit of coagulable lymph—the wound on the head was such a one as might be produced by a shell like this—my opinion is, that she died from a secondary cause, arising from the suppurating wound—the skull was fractured.

Cross-examined. Q. Was the proximate cause of death the absorption of pus into the circulation? A. Yes—she had suppurating tumours over various parts of her head—one was suppurating at the time—I have heard the testimony of her daughter—the purilent matter was absorbed into the system, thereby vitiating the quality of the blood, or, in plain English, poisoning it—if I had never heard anything about blows or violence, that alone would have satisfied me of the cause of death—the absorption of purilent matter into the blood was quite sufficient to have killed a down people—I was assisted by another medical gentleman—he is not here—the blood throughout the system was so poisoned that I found evidences of it in the legs, thighs, and joints—I have no knowledge of having seen her before—the skull was depressed, but not sufficient to cause pressure on the brain; the outer table was fractured, and the inner one indented—they were both fractured—it was the right parietal bone—the general result of indentation of the skull is pressure on the brain; the result of which would be a state of coma, and the person would be in a semi-unconscious state—I found her in that state, but not from that cause; coma would have set up at first—I have heard of cases in which indentation of the skull took place without showing symptoms for fifteen days; I do not mean without any constitutional disturbance for fifteen days—if I had not heard of the quarrel, and the shell, I should have said that the violence had been done a week or two, from the appearances—there was a deposit of pus in the leg and knee, but that was probably the result of the absorption of pus from the tumours—I have known the prisoner many years—he is in the employment of one of the public dock companies—I have heard a favourable character of him.

MR. ROSHER. Q. The pus circulating in the system was the cause of death, in your belief? A. I think so—that pus, in my opinion, was first formed in the separate tumour, over the fracture—they were sebaceous tumours, and were antecedent to the wound.

COURT. Q. You say the skull was fractured? A. It was—in my opinion, the fracture of the skull was the primary, but not the sole, cause of death—it was the primary cause of that which produced death, and it proceeded from the separation of the bone, which caused the absorption of the pus—my opinion is, that the fracture of the skull did contribute to the woman's death.

The prisoner received a good character.

NOT GUILTY .

Before Mr. Recorder.

Reference Number: t18620922-1004

1004. JOHN GOLDING (21) , Stealing 1 silk shirt, value 35s., the property of John Henshaw; having been before convicted; to which he

PLEADED GUILTY .— Confined Nine Months.

Reference Number: t18620922-1005

1005. WILLIAM GEORGE (28), and GEORGE FITZGERALD (22) Stealing 3s., the property of Thomas Trenouth; to which they

PLEADED GUILTY .— Confined Six Months each.

Reference Number: t18620922-1006

1006. EMILY MILLER (25) , Stealing I purse, and 14l. 12s. 6d. in money, the property of Samuel Mare, in the dwelling house of Thomas Manning.

MR. RIBTON conducted the Prosecution.

SAMUEL MARE . I am in my brother's business, as a ship-builder, at Millwall—I occupy apartments at Mr. Manning's, Circus-street, Greenwich—on 14th August, I left home about 10 o'clock, and left my purse, containing 14l. 10s., in gold, and 2s. 6d., on the dressing-table—there was a piece of wash-leather over it—when I got to the yard, at Millwall, I found I had left it behind me—when I returned in the evening it was gone—I also left a key and seal on the table—they were not gone—the wash-leather was put back in the drawer—a little girl was the only person I saw in the house—when I left in the morning I had not seen Mr. Manning, or his wife, or the two nieces—I don't know whether they had left or not—I have never seen the purse and money since.

Cross-examined by MR. ORRIDGE. Q. On what floor is your bedroom? A. On the first floor—there is no dressing-room to it.

COURT. Q. Did you know anything of the prisoner? A. Merely as a servant in the house.

THOMAS MANNING . I live at Circus-street, Greenwich—the last witness had apartments at my house—the prisoner had been in my service six months all but six days—on 14th August, I left my house about 9 o'clock in the morning—Mrs. Manning went with me and my two nieces—that was before Mr. Mare had left his bedroom; the prisoner and he were left in the house; the child had gone to school—I got home at 9 o'clock at night; the prisoner had then gone, and Mr. Mare had returned—the prisoner had not given any notice About leaving—she had given notice about a month before, but it had been made up—I had no reason to expect not to find her there; she had no business to leave—Mr. Mare complained about his purse—on 20th, about a week afterwards, a constable came to me with Mr. Baxendale, with the prisoner in custody—Mr. Baxendale asked her about Mr. Mare's money—I cannot recollect what she said—she was given in charge.

Cross-examind. Q. You have remembered at one time what she said, did she not say that she had not taken it? A. I cannot remember that—I told the Magistrate, at Greenwich, I could not recollect what was said—she refused to answer any questions—she did not say a word—I remember that—I will not swear that she did not say she had not taken the purse; I cannot recollect—she is a native of Ipswich, I believe.

HELEN HOLBERT . I live at Union-street, Greenwich—I am sometimes in the habit of going to Mr. Manning's—I recollect going there on 14th August, at a quarter-past 2—the street door was open—I went in and found a little boy, about three years old—I went up stairs—I did not go into Mr. Mare's room; there was no one else in the house; I called out.

Cross-examined. Q. The door was wide open, was it? A. Yes.

JAMES BAXENDALE . I live at 3, Prior-street, Greenwich, and am connected

with the City Mission—from reformation given to me by Mr. Mare I was in search of the prisoner—I knew her before—I saw her first after the 14th, on the 20th, about a quarter-past 8 in the evening, at the Sun musicsaloon, at Knightsbridge, with a soldier—I tapped her on the shoulder, and coming out of the lobby, she said to me, "Don't say anything to him about it"—I had not said anything to her before that—she asked me what was the matter, and I said she knew—I then told her when she had absconded from Mr. Manning's, a purse was missing with 14l. 12s. 6d.—she said she did not know anything about it—the policeman took her in charge—nothing was said particularly until we got to the Brompton police-station—I there asked her what she had done with the purse; whether she had given it away—she said, "No"—I asked her whether she had pledged it—she said, "No"—I then asked her if she had thrown it away, and she gave me no answer—she was then brought to Mr. Manning's, at Greenwioh, and from thence to the station-house—on the way to the station-house, I said to her, "Why did not you make a fall breast of it, and Mr. Mare would have forgiven you"—she said, "How did I know that"—that was all that passed.

Cross-examined. Q. Was that after she had asked you what was the mattter, and after she said she knew nothing about it? A. Of course—we had brought her from Brompton to Greenwich—I searched for her out of kindness to Mr. Manning—he came to me, thinking I might very likely find her, being in the same work; in the mission for the unfortunates.

JOHN DITTON (Policeman, B 318). I received charge of the prisoner, on 20th August, at Knightsbridge—I said, "you understand what you are charged with, absconding and stealing the sum of 14l. 12s., 6d."—she made so answer.

GUILTY .— Confined Nine Months.

Mr. Manning stated that the prisoner had been in a Reformatory.

Reference Number: t18620922-1007

1007. JOHN HAMMOND (26) , Robbery upon George Lumber, and stealing from his person, 2 metal medals, his property.

MR. DICKIE conducted the Prosecution.

GEORGE LUMBER . I am a private in the Royal Marines—between 12 and 1 o'clock, on 13th August, I was in Martyr'a-passage—the prisoner and two others attacked me—they dragged me in the passage and knocked me, and the prisoner cut my two medals off, a Crimean medal, and a Turkish medal—I am quite sure the prisoner was one of the persons—I had seen him before several times.

Prisoner. Q. You had been drinking, had you not, in two or three different public-houses? A. I had a drop to drink, but I was quite sober—I was opposite the door in the passage—they dragged me up four steps—I was on my feet when I went up; they knocked me down in the passagee, and left me there; two of them went out the back way.

COURT. Q. When did you see the prisoner again? A. The next afternoon, in the house where he was apprehended—I asked him if he wee going to give me the medals, and he said he had nothing to do with them; he did not know where they were.

THOMAS FISHPOOL (a prisoner). I am a mason—I fell in with the prosecutor on 13th August, about 11 o'clock, at the Earl of Warwick public house—I afterwards went down to the Punch Bowl public-house—I parted with him about 12 o'clock—after I left him I heard some one cry—I looked out of the window and saw the prosecutor and two civilians—I went down and saw the prisoner and another man coming out of the next passage—I called

to them by their names, and they ran away—I saw that the prosecutor had lost his medals.

Prisoner. Q. Can you swear that it was me? A. Yes; the prosecutor said he had lost his medals in the back-yard—he had been drinking but he was not drunk.

COURT. Q. What are you in custody for? A. I am charged with stealing a watch—I was taken last Sunday night fortnight—the prosecutor said he had had his medals taken off in the back-yard—I told him he had better go to the police and tell them, and he went.

MR. DICKIE. Q. Did you notice the medals on his breast before? A. Yes; about 11 o'clock.

EMMA SMITH . I am the wife of George Smith, and live nearly opposite Martyr's-passage—on Monday, 13th August, I was going up the passage, and the prisoner and another man were coming up behind the soldier—I saw them catch hold of him and drag him into the passage, he had his medals on then—I afterwards saw him and he had lost them; he said he had lost them—he was bleeding from the face very much—I told him be had better go to barracks—I am certain it was the prisoner, he calls himself Spider, and the other man is named Snobby—he goes up and down the alley all hours of the night.

Prisoner. Q. Where were you when they took hold of the prosecutor? A. Two doors from you, not ten yards off, you ran in the back-room, and some others ran down the alley, and said, "We will melt them to-morrow morning"—those were the words.

WILLIAM YARDLEY (Policeman, R 259). In consequence of information, I took the prisoner, and charged him with the robbery of the medals—he said he knew nothing about it—I took him in the back-room ground-floor of the house, where the robbery was committed—he said, "All right, master, I will go with you"—he also said, "I did not do it myself, but I know them that did," or something like that.

Prisoner's Defence. I think if this man knew who robbed him that he would have given information at once; he saw a policeman that evening. He was intoxicated; he said himself that he had been drinking.

GUILTY .— Four Years' Penal Servitude.

Reference Number: t18620922-1008

1008. THOMAS FISHPOOL (26), SARAH LEE(31), and ALEXANDER LACEY (26)(a marine,) , Stealing 1 watch-chain, value 6l. 15s., 1 purse, and 8l. in money, the property of Robert Clark son, from his person.

MR. DICKIE conducted the Prosecution.

ROBERT CLARKSON . I am a private in the Royal Marines at Woolwich—on Sunday, 7th September, between 9 and 10 o'clock, I went into the taproom of the Freemason's Tavern—I met Fishpool there with Lee, and Lacey with another girl—Fishpool asked me to pay for a pot of beer for him—I did so—he then asked me to pay for some gin for the girl, and the other one that was with him; and I did so, for some gin and cloves—I paid for several pots of beer, and four half-pints of gin for this girl and the other—there were six or seven in the room altogether—Fishpool afterwards asked me to have supper with him—I went, and he asked me to send for some beer, and I gave him half a crown—he asked me to have some supper—I said I did not want any—Fishpool said I was to give him my watch and chain, and money to take care of till Monday—I had 8l. in my Pocket when I went out, 5l. in gold, and 3l. in silver—I said I was quite capable of taking care of it myself—I had had some beer, but I knew what I was doing

—I would not part with it to him, and he came to me and took it off me, whether I would or no, and said he should not let me stop there with that on—I said I was not going to stop there, I was going home—he said he should have the watch and the money and take care of it till the morning—I would not let him have it, but he forced it off me—he took the guard off in my neck and the purse out of my pocket—there was a white handled knife in my pocket, and they went to a box under the bed and pretended to lock it up, and said it would be all right till the morning—Lee was sitting on the bedside at that time—she went down stairs and came up with Lacey—Lacey asked me what I was doing there—and I said I should have nothing to do with him—he tried to get me out at the door—I said I should not go for him—he then kicked me and tried to get me outside—I said I should not go till Tom gave me my watch and money—they kicked me outside, and I sat down outside—a girl came up and asked me what I was doing there—I told her that they had taken my money, and I was going to sit there till I got it—she said, "Knock at the door," and she knocked—Lacey came, and I asked for Tom—he said Tom was not in—I said that I knew he was, and then he kicked me out again—I identify this watch, knife, and gloves (produced) as mine.

Cross-examined by MR. ORRIDGE. Q. Where had you been on this night before you got to Martyr's-passage? A. At the Freemason's Arms—that was not the first public-house—I went to the Factory Arms first, I had been drinking at both those houses—when I gave Fishpool the half-crown to send for some beer, he gave me a glass of something to drink to make me drunk, they put something in it—I have known Fiahpool for a long time—he is an old mate of mine—he got a discharge from the marines—he was taken into custody about half-past 12—it was between 9 and 10 that I met him at the public-house—he did not caution me about the people in the house—he did not say I should lose my money if I did not mind—he said he would take care of my watch and chain for me—he did not tell me that they were bad characters there—I was on pan till 11 o'clock that night—I was not at all drank.

Lacey. I might have taken the gloves instead of my own—I did not kick him down the stairs.

Lee. I was not in the room at all when they had supper—I did not go in the house till quarter past 12, and when I went in he was sitting at the foot of the garret stairs—Ann Burnett was there, not me.

COURT. Q. Are you sure Lee is the person who was sitting in the room when Fishpool took your watch? A. Yes. (Ann Burnett was here called).—I know her, she was with Leo in the public-house—she was never in the house in Martyr's-passage that night.

ANN READ . I am single, and lived in the same house where the prisoners lodged—I remember going up stairs on Sunday evening, 7th September, and seeing Robert Clarkson sitting outside the door—he made a complaint to me, and I saw him rap at a bedroom door—Lacey answered it—I did not see Fishpool—Lacey kicked Clarkson three or four times, and pushed him down staire—I saw him lying down stairs—he was not insensible—Fishpool and Lee were in the same room with Lacey—I saw the policeman come to the house—previous to that I had seen Lee come out of the room with a bonnet in her hand—she went to No. 7, on the other side of the way, to Ann Burnett's room, and then came back into her own room again, where Lacey and Fishpool were—I did not see Ann Burnett at that time—I saw her ten minutes before this happened, at the bottom of the alley.

Cross-examined. Q. Was the prosecutor very drunk? A. No; he was not the worse for drink—it was nearly 12 when I saw him—I did not hear Fishpool say anything to him.

JOHN HOLMES (Policeman, R 145.) On Monday morning, 8th September, about half-past 12, I was on duty near Martyr's-passage—Read made a communication to me—I went up the passage into No. 17, and saw the processcutor lying at the foot of the stairs insensible—he seemed as if he had been hurt, his bat was beaten over his head—in consequence of what he said I went up stairs and knocked at the door—after a deal of knocking Fishpool came out—I asked him whether he had seen a marine—he said he had not, since he left the beer-shop at 11 o'clock—Lee was present then, and she said she had not had anybody in the room—I then called the prosecutor up stairs and he identified all the three prisoners—Lacey was lying on the bed in the same room—I told Fishpool that he would be charged with stealing the watch—he said he was quite willing I should search the room—I did so, Marched in a box, but could not find anything—I afterwards searched No. 7, opposite, the room occupied by Miss Burnett—I saw a bonnet hanging up on the wall—I took it down and examined it, and between the lining and the crape I found this watch and chain.

Cross-examined. Q. You heard Fish pool say, did you not, that he had taken the man's watch to take care of for him.? A. No; he said nothing of the sort—he said he had not seen it—I found no money.

JOHN WICKHAM (Policeman, R 185.) On 8th September, about half-past 12 in the morning, I was called to 17, Martyr's-passage, and received charge of Lacey—I told him the charge, he made no reply—I thought he was trying to conceal something with his hand—I told him the charge a second time, searched him, and found this pair of gloves in the breast-pocket of his tunic—I asked him how he came possessed of them—he said he did not know—the other prisoners were present—I afterwards searched the room, and found this knife between the bed and the mattrass on which Lee was lying when we went into the room.

Cross-examined. Q. Did the prosecutor tell you that Fishpool had said he would take care of the watch and chain that night.? A. No.

JURY to ROBERT CLARKSON. Q. Are these military gloves? A. Yes; the Train wear leather gloves.

Lee's Defence. I am not guilty; I was not at the house that night.

GUILTY .

JOHN HOLMES (Policeman, R 145), stated that Fishpool was discharged from the marines as an incorrigible character, and was then living with Lee, but that Lacey bore a most excellent character in his regiment.

FISHPOOL.— Three Years' Penal Servitude.

LEE.— Confined Twelve Months.

LACEY.— Confined Six Months.

Reference Number: t18620922-1009

1009. HENRY JONES (34), RICHARD SHAW (55), and ALICE CAIN (24) , Stealing 1 purse, value 1s., the property of William Whittington, from the person of Harriett Thirza Whittington.

MR. ORRIDGE conducted the Prosecution.

JAMES WILLIAM CROUCH . I am a detective belonging to the Dockyard—on Monday, 1st September, I was on duty about a quarter to 2 o'clock near the gates in plain clothes—it was the day the Queen was embarking"—there was a crowd round the gates—I saw the three prisoners come from the direction of Charlton towards Woolwich—Jones went alongside of a female

and put his hand by the side of her dress, covered by the other two prisoners—Cain was in front of her, and Shaw was behind Jones—Jones then moved and came down towards Woolwich—when they got to the corner, opposite the' Dockyard, Jones again put his hand in a female's pocket covered by the other two, who were standing behind him—a cart passed, they were obliged to fell back, and I saw Jones' hand distinctly come out of the female's pocket—directly the cart had passed the crowd formed to the right again, and I saw his hand again go into the same pocket—I watched them two hours and three quarters, continually going to and fro—Jones attempted several other pockets, and I believe Cain did too, but I do not know—they were in a position that they must have seen what Jones was doing—just at the time the Queen's carnage was entering the Dockyard I saw Jones go up to the prosecutriz, the other two being behind him—there was then a little rush, and I distinctly saw Jones open hand go into the prosecutrix's pocket, and two seconds afterwards I saw it come out closed—he then immediately left the prosecutrix and went into a public-house opposite the Dockyard, close to where they were standing—I made inquiries of the prosecutrix, and in consequence of what she said I stood at the door of the public-house—Jones came out, pretending to do something to his trowsers—he crossed the road to the other two, and then, seeing me, they separated—he had then got his hand at the side of a lady's pocket—I got assistance and took them in custody—I took Cain, and told her that it was for picking pockets—she said, "Do not handle me"—I took them into the yard, and they wanted to know what they were charged with—I said "Picking pockets"—I went into the back-yard of the public-house, got a light, and found a purse down the water-closet—the prosecutrix identified it in the prisoners' presence, who denied all knowledge of it, and of one another—I searched Jones, and found 5s. a half-crown, and 6 1/2 d. in copper, on Shaw one sovereign, 13s. in silver, 4 1/2 d. in copper, a duplicate, and a pair of spectacles; and on Cain 4s. 6d. in silver, and 6 1/2 d. in copper.

Cross-examined by MR. DALEY. Q. Are you a detective regularly employed there? A. Yes; I act as I think proper—during the three hours I was watching there—I went into that public-house, and watched them from up stairs, and I went behind the counter of a grocer-shop, took off my hat, and put on an apron—no one was in the public-house when I went in—they were all outside looking at the carriage.

Shaw. Q. Had you some one with you? A. Yes; White, late of the R division—I believe he asked the prosecutrix if she had lost anything—you were all strangers to me—I followed Jones and met him coming out of the public-house—I did not see you then—I asked the lady about her purse before Jones went into the public-house—White is not here, the Magistrate considered that his evidence was not wanted—you were not twenty yards from the Dock gates when White took you.

HARRIET WHITTINGTON . I am the wife of William Whittington, a tailor, of 21, King-street, Woolwich—on Monday afternoon, 1st September, I was opposite the Dockyard gates, and in consequence of something Crouch said to me I examined my pockets, and missed my purse—I had felt it safe half an hour before—Crouch afterwards showed it to me—this is it (produced)—there was nothing in it except a paper when I lost it—I also know it by that paper.

Shaw's Defence. I went to Woolwich to see the Queen. I was a quarter of a mile from the Dock gates when I was taken and charged with these two prisoners, who I had never seen before. I gave my correct address at the police-court.

GUILTY .

Jones and Shaw were further charged with having been before convicted is 1857, Jones at Bow-street, and Shaw at Clerkenwell Sessions; to which they

PLEADED GUILTY.**— Three Years' Penal Servitude.

CAIN.**— Confined Nine Months.

Reference Number: t18620922-1010

1010. ANN DELANY, alias MCDONALD (40) , Feloniously uttering, the counterfeit coin; to which she

PLEADED GUILTY .**— Four Years' Penal Servitude.

Reference Number: t18620922-1011

1011. GEORGE FREEMAN (24) , Stealing a pair of sugar tongs, the property of James Fiskin.

MR. HORRY conducted the Prosecution.

JAMES FISKIN . I live at Hill-house, Foreat-hill, Lewiabara—on Tuseday morning, 2d September, about half-past 7, I was at my second-floor window, my bedroom, and saw the prisoner in the road loitering about, looking at my windows—he moved out of my sight for a few minutes—about ten minutes afterwards I went down stairs, and found the dining-room door open, which leads from the dining-room into the hall, and the prisoner in the room, very near the window-cill—when he saw me he jumped out of the window into my garden, and from there into a neighbour's garden—I ran after his—by the time I got out he had got into the road—I called out, "Stop thief"—he ran nearly a mile, I should think, altogether—he was stopped—when I came up, I said, "You are the man that has been in my house"—I recognised him at once—he said that I was very ungrateful; that he was running after the fellow that I was running after—he was brought back—he came very reluctantly, and bolted off once, but we caught him again—I met a constable, and gave him in charge—when I got back I missed from my dining-room a plated tea-spoon, two forks, a pair of silver sugar tongs, and a salt-spoon—they had been on the breakfast table—these (produced) are them—I can swear positively to them—I next saw them in the police-court, about a week afterwards—they were produced there by the constable.

Prisoner. Q. Were your door and window left open? A. Yes—I did not say when I overtook you that 1 thought you were the man.

MR. HORRY. Q. Have you ever had any doubt about him? A. Not the slightest.

THOMAS MATTHEWS . I live at Forest-hill, and am a gardener—on this Tuesday morning, I was at work in a kitchen garden in Weatwood-park, and saw the prisoner running—he ran into a place where there was no thoroughfare—I called to him to stop, but he took no notice—I told him there was no thoroughfare, but he kept on running—about two or three minutes, perhaps, after that, I saw the prosecutor running after him—the prosecutor asked me to run after him, and I and two other men did so, and caught him three fields off—no one was running but the prisoner and us when we stopped him—he said that he heard a gentleman call out "Thief" as he came by the house, and was running after the thief, and we were mistaken—I said, "You come back to the prosecutor, and he will very likely let you off if you are not the man"—I have seen the place where the property was found—the prisoner passed that spot—we brought him back, and gave him in custody.

Prisoner. Q. When you were running after me, did you see anything in my possession? A. No.

JAMES CASH (Policeman, P 200). On this Tuesday morning, the prisoner was given into my custody in Wood-lane, near Forest-hill, charged with being in the prosecutor's house—he said he was not the man—I searched him, but found nothing.

JOHN CRUKILL (Policeman, R 62). I was an duty at Sydenham-station on this Tuesday morning, when the prisoner was brought in—I afterwards went to Mr. Fiskin's house, and was shown the direction in which the prisoner ran—I searched over the ground there, and found the sugar tongs, two forks, and a spoon—I could not find the salt-spoon.

ELIZABETH GOOCH . I live in the service of Mr. Fiskin—I had laid the breakfast things in my master's room, and had opened the window—I left the room with the window open, and the things on the table—that was before my master came down stairs—I heard him give an alarm directly he came down—I went into the room and missed the articles off the table—these are the things.

GUILTY . Four Years' Penal Servitude.

He was further charged with having been before convicted of felony in November, 1861, when he was sentenced to nine months' imprisonment; to which he PLEADED GUILTY.

SURREY CASES.

Before Mr. Recorder.

Reference Number: t18620922-1012

1012. JOSEPH MILLOR (42) , Stealing 2 counterpanes and 1 gown, value 30s., the property of William Morriss; having been before convicted in April, 1862; to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18620922-1013

1013. HENRY SANDEFORD (18), ROBERT HEATH (20), and JOSEPH WITHERS (23), were indicted for stealing 8 sheep, the property of Sebastian Garrard. Second Count, feloniously receiving the same.

MR. METCALFE conducted the Prosecution.

ISAAC PEPPER . I am in the service of Sebastian Garrard, of Colebrooklodge, in the parish of Wandsworth—on Monday, 25th August, there were forty sheep in a field adjoining Mr. Garrard's premises—I saw them correct at 8 o'clock in the evening—I then locked the gate of the field with a padlock, and took away the key in my pocket—there is a lane separating that field from Mr. Garrard's house and grounds, running up from Putney-heath, and joining the main road at the corner of Mr. Garrard's grounds—that main road runs from Kingston, through Wandsworth, in the direction of London—when you get through Wandsworth you turn to the left, and go down to Battersea-bridge; that would be two miles or two and a half—on Tuesday morning I missed eight of the sheep—the padlock had been forced open by an instrument—the sheep were marked with my master's brand; a round black, spot on the left hip—I have since been shown eight skins by Inspector Drake—I identified them—two of them were very plain; they had a portion of the mark left, but six out of the eight were partly gone from decomposition—I spoke positively to the two—the other six had the mark partly left—the mark was in the same place and apparently of the same description—the wool was the same class of wool, the same shearing, the same length, and corresponded in every respect—I believe them to be the skins of the eight sheep that were lost that night.

Cross-examined by MR. TINDAL ATKINSON. Q. Are the two skins here? A. Yes; below—I do not think the claw of a hammer would have broken the padlock; it was on a staple—a jemmy would have done it—a piece of flat iron would form a jemmy—I was never over Battersea-bridge till

yesterday morning—there is a toll-house there—toll is taken at one end—Mr. Garrard offered a reward of 10l. for these sheep—I think he gave the order to bare the bills printed on 9th September—there had been two examination before the Magistrates before that reward was offered—I should not like to swear to the six skins, but I believe them to be those—the two skins had the round mark on the left hip—it is not exactly a round, partly round, made with pitch and tar—it is only a single mark—the corresponded in every particular—there might be other sheep with wool in the same condition, but it is not every one that has a flock of sheep that has them shorn at the same time.

MR. METCALFE. Q. Had you been in the habit of attending upon then sheep? A. I had for three months—I had a good opportunity of becoming acquainted with their personal appearance.

EDWARD KING . I am a plumber, of 1, Cremorne-terrace, Chelsea—on 25th August, I was at work at the house at Mr. Lee, opposite the field where the sheep were taken from—I know the prisoners Sandeford and Withers—I did not see either of them that day—I can't say positively what day I saw them—I have been at work at Mr. Lee's house two months—I heard of the sheep being stolen, I think, about a month ago—I can't tell whether it was on a Monday—I should think they had then been stolen about a week—I did not see either of the prisoners while I was at work there, or anywhere near there—I had seen Sandeford and two others coming through Fulham; I don't know whether Withers was one of the two—they were going towards Putuey—it was a little after 6 o'clock—I cannot tell the day—it was after the sheep were stolen—I should think it was a fortnight or three weeks before I had the conversation with Pepper—if I said it was a weak after the robbery that I spoke to Pepper, I must have made a mistake—I did not see them on 25th, about 6 o'clock.

ALFRED CHINN (Policeman, V 218). On 25th August, about half-past 9 in the evening, I met about eight or ten sheep at Westhill, Wandsworth, about three or four hundred yards from Mr. Garrard's place, coming away from it towards Wandsworth; very nearly a quarter of a mile from the gate that was broken open—they were going in the direction of Wandsworth—one man was driving them, I believe it was Heath.

WILLIAM CLARK (Policeman, V 31). I know this locality well—I made this plan (produced)—it is an accurate plan of the road from Putney to Wandsworth, and from Wandsworth round to Battersea Bridge—it is marked with a blue line.

Cross-examined. Q. What scale is it on? A. Not any scale in particular—I was not brought up as a surveyor—there is a toll-taker at Battersea Bridge—I went to Radnor Gardens—it is an allotment ground, several persons have plots; about a dozen I should say—it has a private gate which is kept locked.

MR. METCALFE. Q. On going into the gardens what is there? A. A path runs across them for about fifty yards, then it turns to the left for another fifty yards, then to the right for another fifty, and then to the left again on to Health's father's premises—there is no thoroughfare through there—there is another house immediately opposite the gate, at the end of the first fifty yards, occupied by the witness Brewer—there are only two houses in the gardens—I made this other plan (produced)—it is a correct plan of the gardens—this part of the ground, belonging to Heath's father's allotment, had been recently dug and was planted with pinks when I saw it—the house is about a hundred yards from the entrance—it is not overlooked at all—there is a

house, a shed and a pig-stye—the gardens are inclosed all round by a wall about ten feet high.

GEORGE HAYWARD (Policeman, V 376). On 25th August, about twenty minutes to 10 o'clock, I saw some sheep; I should say from about 8 to 10, I can't swear positively how many—they were coming from Westhill, Wandsworth, about eight or nine hundred yard from Mr. Garrard's field, in a direction to Wandsworth, along the main road—to the best of my belief Heath was driving them.

Cross-examined. Q. I suppose there was no particular motive on your part for observing a man driving sheep? A. No—when I go out on night duty I generally look at those who pass me.

COURT. Q. did you know Heath before? A. No—I saw him at the second examination at Wandsworth—that was a fortnight afterwards—he was then in custody—I saw him leave the prison-van.

WILLIAM LOW (Policeman, V 350). On 25th August, a few minutes after 10, I saw some sheep, eight of ten—I did not count them—they were in High-street, Battersea, about a mile from Wandsworth—they were coming from Wandsworth in the direction of Battersea Bridge—to the best of my belief Heath was driving them—there was a gas-light near, and the light refected on him as he passed—an omnibus was passing at the time.

Cross-examined. Q. When did you see Heath again? A. Not before Sunday morning, at Chelsea police-station—I knew then that he was charged with this offence—I could have been certain of him if I had noticed the small-pox marks on his face, but I could not see that in the dark.

HENTRY LINK (Policeman, V 54). On the night of 25th August, about twenty minutes past 10, I was on duty in the Bridge-road west, Battersea, and saw a flock of sheep coming along—there were about eight—they were coming from the York-road, in the direction of Battersea Bridge—that is about four hundred yards frost High-street, Battersea, and about five hundred from Battersea Bridge—to the best of my belief it was Heath who was driving them.

Cross-examined. Q. Was it quite dark? A. Yes; I saw Heath again on the Monday week following, at the Wandsworth police-court—that was before I had heard of the reward—I am not on that district; I was on business there—I knew he was in custody for this offence—the officers told me, and I went to look at him.

BENJAMIN WOODWARD (Policeman, A 277). On the night of 25th August, about half-past 10 o'clock, I was on duty on the north side of Battersea Bridge and saw eight sheep—they were about twenty yards from the bridge in Duke-street, coming towards Chelsea College—I believe Heath was driving them.

Cross-examined. Q. I suppose you saw Heath in custody afterwards and identified him? A. I did, at Wandsworth.

THOMAS GREEN . I am a journeyman butcher, and live at 48, Cheynewalk, Chelsea—I know the prisoners by sight—they are all journeymen butchers—on Monday, 25th August, I was sitting on the rails, outside my Master's shop, in Cheyne-walk, and saw some sheep go by—I don't know how many; there might be a dozen, or there might be more, or less—it was a small flock—they were coming from Battersea Bridge, along Cheynewalk, towards the College—Withers was driving them—I suppose it was about 10 o'clock a little after.

Cross-examined. Q. When were you first spoken to about being a witness? A. I think about three days after; on the Thursday—I know Manley—he

told me the gentlemen would give 10l. if he could find it out—he did not say that I should have 2l. of it if there was a conviction—he said I should have 2l, but he did not say if there was a conviction or no; he said I should have 2l. of it—I told Mauley that I could swear to the prisoners if I was on any oath—I know I am on my oath now—I did not state that I could not swear to either of them—I told one person that I could not exactly swear to them, but then I ran along the water-side and saw Withers driving the sheep—I said that, because I did not want anything to do with it; but I was on duty bound to go up—Mauley said I was to have 2l.—I said I did not want it—I did not know of the reward till more than a week after—I can't say exactly when it was that I told the person that I could not swear to either of them—it was Heath's brother-in-law, Charley Sadler, the postman—that is him (pointing him out in Court).

MR. METCALFE. Q. When did he come to you? A. He did not come to me at all; he was outside our shop—he asked me whether I was going up to Wandsworth Police-court—his brother was then in custody—I said to him, "Mauley, the policeman, has been to me, and if I will tell him who it is, he will give me 2l. for telling him; if he wants me he will have to subpoens me"—I had told several chaps that I saw the sheep go by, before Mauley came to me, and I had mentioned the name of the person who was driving them.

COURT. Q. But you say you told the postman that you could not swear to either of them? A. Well, I said so because I did not want to have anything to do with it—I don't know how it was that I said so—I know I saw the sheep go by, and saw Withers driving them.

CHARLOTTE LUCY LEFFLEY . I live at 24, Radnor-street, Chelsea, that is within a door of the entrance to Radnor-gardens—on the night of 25th August, I was sitting up for my father, looking out of the parlour window—I saw Heath come out of Radnor-gardens, he went a little down the terrace, and then went back again into the gardens—he whistled, and a few minutes after I saw Sandeford drive the sheep down the terrace into the gardens; Heath followed after him—about ten minutes afterwards I saw all the three prisoners come out of the gardens, and go back again about a quarter-past 12—Heath put his hand into his pocket for something to open the gate with—about half-past 9 next morning, I saw Sandeford come down and go into the gardens, and about an hour, or an hour and a half afterwards, I saw all three come out—I did not see their faces, but I knew it to be them because I knew them by sight before—there is a gas light under our parlour window, and by that light I saw Sandeford drive in the sheep; I could not mistake him, because the light was thrown so on his face; there was no one with him then, but Heath came from somewhere and followed him in.

Cross-examined. Q. How many times were you before the Magistrate on this charge? A. Four times; it was the last time that I mentioned about the whistling—I was never in a court before, and I hardly knew what I said—I had not seen many of the police officers in the mean time—I feel quite as certain of the other two prisoners as I am of Sandeford, though I did not swear to them at the time—my mother was with me.

MR. METCALFE. Q. Is she an old lady? A. Yes; her sight is not good or she could have sworn to the men.

COURT. Q. How long have you known the prisoners? A. Heath I have only known since he has been living in the gardens, about nine months, as being a companion of Sandeford's—I have known Withers about the same time as a companion of Sandeford's—they were all three companions together.

ROBERT STUART (Policeman, B 39). On Tuesday morning 26th August, about a quarter-past 2, I was on duty at Smith's-terrace, adjoining Radnor-gardens—I heard some talking there, and immediately afterwards saw Heath coming out of the gardens—another person was with him, to the best of my belief, it was Withers—I asked them what they were doing there—Heath said that his father lived there, and that he lived there also—I asked what was the reason that the garden gate was left open—he said his mother was in the habit of coming in late, and that was the reason, but that his father would see to it and get the lock all right—he said they were butchers and they were going near the Red-house to work.

Cross-examined. Q. You only speak as to your belief with regard to Withers? A. That is all.

JAMES MANLEY (Policeman, V 347). On 10th September, I went to the premises occupied by Heath's father, in Radnor-gardens—I had before that been looking about to discover the parties—in the course of that morning I probed the garden with an auger; in the course of my search I turned up eight sheep skins, they were buried about four feet under the ground—those skins were shown to Pepper, Mr. Garrard's servant—the entrails and offal were also buried there—on two of the skins the marks were visible, it was kind of round mark on the left rump; the others were too far gone to distinguish—on 31st August, I apprehended Sandeford—I told him I should take him into custody on suspicion of stealing eight sheep—I did not say where from—he took an oath, and said, "I was not out of Chelsea during the whole of Monday night"—I had told him when they were stolen—he said he was along with Oliver, the walking man, at Alexander's waterside public-house, till 8 o'clock—on 31st, about half-past 12 o'clock, I apprehended Withers—I told him I should take him into custody on suspicion of stealing eight sheep—he said he had not seen any sheep; that he had bought a pig of Mr. Brewer of Radford-gardens; that Heath was with him, and they bought it between them.

Cross-examined. Q. When was the reward offered in this case? A. I believe on the 9th of this month—there had been two remands before that—I saw the witness Green about this matter—I did not offer him 2l.—I said nothing about 2l. out of the reward, nothing of the kind ever passed between us, not at any time—I did not offer him 2l. at all, certainly not; what should I offer him 2l. for?

MR. METCALFE. Q. Did you say anything to him about a reward? A. No; I did not know then that there was to be any reward.

COURT. Q. Did you say that Mr. Garrard would be willing to pay anybody? A. No; I told him he would have his expenses paid, I believe that was it; he was talking about his expenses and getting somebody to attend to his work while he was at the police-court—the part where I found the skins was fresh planted with pinks.

THOMAS DRAKE (Police-inspector V). On 31st August, about half-past 2 in the morning, I was examining Radnor-gardens, and during the time I was there Heath came home, he came near to his father's house—he lives there when he is out of employ—I told him I should take him in custody on suspicion of stealing eight sheep from Putney—he said, "I have not been to Putney; I know nothing of the sheep"—at the station he said he had not been out of Chelsea that night—I afterwards searched the premises, on 4th September—I found four knives in a rabbit-hutch, is asked at the rear of the house where his father lives—they are such knives as are used by butchers—there was also a saw, a chopper, a gamble, which they hang pigs

or sheep up by while they are drawn—I also found a long piece of wood, several hooks such as are used by butchers in drawing sheep or pigs; a steel yard, which in used for weighing meet, and two steels to sharpen knives on—three of the knives appeared to have been recently used—I saw some blood dried on them; one was very rusty—the shed is about thirty yards from the bed of pinks—there is no slaughter-house in Radnor-gardens, or any regular place for killing.

Cross-examined. Q. Did you see any tool used to scrape pigs with? A. Yes; I did not take that away—it might be used for pigs, not sheep—it was with the other tools—for aught I know, the blood on the knives might have been pig's blood or any other—Radnor-gardens is let out in allotments to five or six different persons.

WILLIAM BREWER . I am a carman, living in Radnor-gardens—I occupy the only other house that is there besides Heath's—I never saw any sheep in the grounds since I have been there.

The prisoners received good characters.

SANDEFORD and WITHERS— GUILTY .— Confined Two Years.

HEATH— GUILTY .— Confined Eighteen Months.

Reference Number: t18620922-1014

1014. JOSEPH BARTON (26), and MARY ANN POWELL (20) , Unlawfully having counterfeit coin in their possession, with intent to utter the same.

MESSRS. CLERK and ORRIDGE conducted the Prosecution.

RICHARD KIMBER (Policeman, P 50). On Tuesday, 12th September, I was on duty in Loughboro'-road, and saw the two prisoners together—I saw them separate, the woman going in the direction of Myatts'-fields—in about ten minutes she returned and had some conversation with the man—they remained together ten or twenty minutes, and then came down the Loughboro'-road into the Brizton-road—they there separated, and came down about half a mile to Russell-street, where they rejoined, and the man gave the woman something out of a purse, I believe, or something of that description—the woman then went down Russell-street, into the George the Fourth public-house—I followed her, after speaking to a constable—I waited for her coming out, and as she came out Miss Stone said to her, "You have given me a bad half-crown"—I said to her, "You hear the charge"—she made no reply—I told them to detain her, and I went and told the constable to apprehend the man—the woman was searched at the station, but not in my presence—I took this purse out of her hand previous to her getting to the station—it contained three good half-crowns.

CHARLOTTE STONE . I keep the George the Fourth public-house, in Russell-street, Brixton—on 12th August, the female prisoner came to our house—I served her with three pennyworth of brandy, and she tendered half-a-crown in payment—I gave her the change—as she was leaving the house I examined the half-crown, and showed it to my brother, and he went out after her—she was brought back in custody.

WENTWORTH STONE . I am the brother of the last witness—she gave me the half-crown—I kept it in my possession till I handed it to Pope.

JOHN POPE (Policeman, P 52). On 12th August, Kimber made some communication to me—I saw Barton in Melbourn-square, about fifty yards from Russell-street, on the opposite side—I followed him, he saw me following him, and ran away—I ran after him—as he was running I saw him throw something from his left hand—I called to a bricklayer named Baker to stop him, and he did so, and I took him into custody—I pointed

out to Baker the place where I had seen the prisoner throw something—he went into that field, and afterwards brought me this purse—I had kept my eye upon the place all the time, and I am sure Baker brought me the same thing that I saw go from the prisoner's hand—I opened it at the station and found it contained these seven counterfeit half-crowns, wrapped in separate pieces of tissue paper—on searching Barton at the station, I found on him 2s. 3d. in copper, four florins, sixteen shillings, one sixpence, three penny pieces, and a bottle containing rum and brandy mixed—this other half-crown was given to me by Mr. Stone.

Barton. Q. How far were you from me when you my you saw me throw the purse away? A. Not more than ten yards—Baker was within a yard of you; but he did not see you throw it—it was Baker that gave me the purse I saw him pick it up.

GEORGE BAKER . I am a bricklayer of 5, Little Bolton-street, Kennington—on Tuesday, 12th August, I was in Melbourn-Square, and saw the police-man running after Barton, halloing out, "Stop him!"—I did stop him—the policeman said to me, "You go in there; he has thrown a parcel of something in there"—I want and got the key of the enclosure, and went in and picked up a purse which I gave to the policeman.

WILLIAM WEBSTER . I am inspector of coin to the mint—the half-crown uttered to Mrs. Stone is bad; the other seven are also bad; two of 1817 are from the same mould; two of 1829 are from the same mould, and there are three of 1834 from the same mould the one uttered is from a different mould.

Bartons's Defence. I was at work round Kennington, and coming along the policeman came and charged me with heaving the purse away, which I am innocent of; this woman is a perfect stranger to me; I never saw her in my life before.

GUILTY .— Confined Twelve Months each.

The officer stated that the prisoners had been for some time living together as man and wife.

Before Mr. Justice Byles.

Reference Number: t18620922-1015

1015. WILLIAM ROUPELL (3I), was indicted for feloniously forging and uttering a certain will, purporting to be the last will and testament of Richard Palmer Roupell, with intent to defraud; also, for feloniously forgoing and uttering a certain deed of conveyance, with intent to defraud.

The prisoner upon Monday, September 22d, before Mr. Recorder, declined to plead to these indictments, upon which a plea of Not Guilty was directed to be entered; on Wednesday, the 24th, before Mr. Justice Byles, the prisoner Pleaded Guilty to both indictments, and was sentenced to

Penal Servitude for Life.

Before Mr. Justice Keating.

Reference Number: t18620922-1016

1016. GEORGE COOK (15) WILLIAM SIMMONDS (18), WILLIAM CROSS (17), and THOMAS FIELD (14) , Feloniously putting 10 stones upon the London and South Western Railway, with intent to obstruct and upset the carriages traveling thereon; to which

COOK— PLEADED GUILTY .— Confined Fourteen Days , and Five Years' at Red Hill Reformatory.

MESSRS. SERJEANT PAREY and POLAND conducted the Prosecution

ROBERY CASHEL . I am a plasterer's boy, and live at Wandsworth—on the evening of 28th August, I was returning from work over Potter's

bridge which passes over the railway near Wandsworth House of Correction—I saw some stones on the line—the prisoners Cross and Cook were sitting on the parapet, on the same side as the stones were, looking down on the line; they could see the stones—the other two prisoners were standing one on each side of them, looking towards the stones—one stone was on one metal and the other on the other, opposite each other—while I was on the bridge I saw the down train come from London; it passed over the stones at the time the four boys were on the bridge.

Simmonds. Me and Field went to speak to you about leaving off work on Saturday afternoon. Witness. Field came over to me; I did not see you with him; that was after the train passed.

Cross. Cook came up and said they had put the stones on the line; I told him he was to take them off, but he would not, and you heard it Witness. I heard Cross say to Cook, "It would serve you light if you were to get locked up."

Field. When he came along, the train had gone over the stones; I went to Cole and said, "Are you going to leave off work at 12 o'clock on Saturday?" and you said I am glad to see that you have nothing to do with the stones. Witness. I did say so; you were too little to look over the parapet at the stones; it was too high.

MR. SERJEANT PARRY here stated that after this evidence he should not consider himself justified in proceeding against Cook and Field, and should confine the evidence to Simmonds only.

JOHN TUCK . I am a plaisterer's boy, living at Mount-pleasant, Wandsworth—I was with Cashel, but did not see the stones on the line—I saw the four boys on the parapet; I knew Simmonds before—I did not see him before the train came up; what I saw was after the train had passed.

COURT. Q. Did you go over the bridge with Cashel? A. Yes; and when we came on to the bridge, the first train had passed but not the last one—I saw one stone on the railway, Cook pointed down to the line and said, "There is a stone."

Simmonds. Q. Did not me and Field come and ask you what time you were going to leave off work on Saturday? A. Yes, and I said 12 o'clock—I did not hear Cook say that he had put two stones on the line, but he pointed down on to the line.

CHARLES PAYNE . I am an engine driver on the London and South Western Railway—on the evening of 28th August, I was driving an up train from Godalming to Waterloo Station—it was about a quarter-past 6 when I reached Wandsworth, and when near Potter's bridge, I saw some large stones on both the metals of the down line—I turned round, locked up at the bridge, and saw three boys looking over—the stones were, I should say, as large as my doubled fist, and were similar to these (produced).

JOHN THORNE . I am station-master at the Clapham Station—on Friday evening, 28th August, I received information, took a cab, and went to the bridge—I saw the stones, but had not time to take them off before the train passed—it was a fast train—I heard it pass, but did not see it, as I was then going round—I saw the four prisoners on the bridge—I had a porter with me—I put him on the eastern end of the bridge—I directed the cabman to pull up, stepped out of the cab, and stopped all four of the prisoners—the two boys, who have been examined, were close by—I said "I want to know who put those stones on the rail; I will give 2s. to anybody that will tell me," putting my hand in my pocket—they each said, "It is not me"—I said, "If it costs 10l. we will find out who did it"—I

went down to see whether the rails had been damaged, and when I returned the prisoners were quarrelling among themselves, and Simmonds, turning to Cook, said, "I do not choose to be locked up for you; you put the stones on the rail; I shall not be locked up for you"—Cook immediately denied it—I said, "We will go to the police-station and settle the matter there"—I had them all put into the cab, and charged them at the Wandsworth station—there was a great quantity of broken stones on the rail, which was covered with the dust of the crushed flints, which I directed to be picked up.

MICHAEL CROOK . I am a porter at Clapham station—I went with Mr. Thorne to the place where the stones were, and saw them there—I afterwards pointed out to Sergeant Archer the place where they had been, and helped him collect these fragments (produced)—he put them together.

Simmonds. While Mr. Thorne went down on the rail, I told the porter that it was Cook that did it.

JAMES HEAD (Policeman, V 100). The prisoners were brought to the station, and given in custody by Mr. Thorne—after they were locked up in the cell, I heard Cook say to Cross, that Ferret, a nick name for Simmonds, told him to put the stone on the lines, and then wanted to cry off to get the 2s.—Simmonds was in the adjoining cell—Crow said, "You should not have done that"—Cook said, "I shall get three years"—and Simmonds shouted out, "If you tell the Magistrate I put the stones on the line, I will smash your b—y head for you"—Cook then said, "I hope I shall get four years down in Yorkshire"—Field, who was in the cell with Simmonds, said, "Captain, do not you tell the Magistrate that I heard Ferret tell you to put the stones on the line"—Captain is the nick name for Cook.

THE COURT considered that there was no evidence against SIMMONDS,

CROSS, and FIELD.

NOT GUILTY .

Reference Number: t18620922-1017

1017. SUSAN ARTER (28), For the wilful murder of a certain male child, born of her body, and not named.

MR. LILLEY conducted the Prosecution, and MR. SLEIGH the Defence.

GUILTY of concealing the birth.— Confined Fifteen Months

Before Mr. Common Serjeant.

Reference Number: t18620922-1018

1018. ROBERT OWEN (60) , unlawfully uttering counterfeit coin.

MESSRS. CLERK and POLAND conducted the Prosecution.

JAMES ADAMS . I am barman at the Duke of Gloucester, Union-row, New Kent-road—about five weeks before 3d September, the prisoner came in the evening for a pint and a half of porter—he gave me a half-crown, and I gave him a shilling, two sixpences, and some halfpence—I then stopped to serve a customer, and the prisoner said, "Give me two more sixpences"—I took his shilling, put it into the till, gave him two more sixpences, and he went out—the witness, Mann, spoke to me, and I went to the till and found a counterfeit shilling at the top, with the other silver—I have not the least doubt that the shilling I gave the prisoner was good—I showed the bad shilling to my master, who marked it and put it away—on 3d September, at twenty minutes to 7 in the morning, the prisoner came again for half a pint of porter and one pennyworth of gin—I recognised him—he gave me a half-crown, which I put in the till—I was going to give him change, when he said, "Give me that back, I have something smaller"—I gave him back the half-crown he had given me, and he threw down a bad shilling—I said, "This is a bad one, I shall keep it"—he said that he had it given to him in

change the evening before, and asked me for it back—I refused to give it him—there was no one there but me, and I allowed him to go, saying that my master would have him locked up when he came down—when Mr. he came down I showed him the shilling.

Prisoner. Q. Why did you not tell me of that shilling before I left you house? A. Because you were off—you lire a hundred yards off, eight doors down the first street, and were in the habit of coming in three time every day previous to September 3d—I said nothing to you till you brought another bad one.

EDWARD DEACON . I am landlord of the Duke of Gloucester public-house—the last witness is my barman—I received a shilling from him about five Weeks before 3d September—I marked it and put it by—I have seen the prisoner there twice or three times a day, and about three weeks afterwards one day when I served him with half a pint of beer, he gave me a bad ling—I gave it back to him and let him go—I did not know at that time where he lived—I cannot say whether I had seen him earlier that evening but I had seen him day after day at the same time—on 3d September, my barman gave me a counterfeit shilling immediately I got up, and I instructed a constable to apprehend the prisoner, and gave him both the shillings.

Prisoner. If I gave you a bad shilling three weeks after, would not you barman have pointed me out to you? A. We had not sufficient knowledge of you then, neither had the barman—I knew who you were, but not being present, I could not get a full description of you—I did not know where you lived—what money your wife spends at my house she earns.

Prisoner. It is my wife, who is confederate against me, who has done this.

MARTIN VANN . I am a parchment-maker, of 9, Granville-street—I was at the Duke of Gloucester public-house five weeks before 3d September, and saw Adams give the prisoner change, two sixpences, a shilling, and some halfpence—the prisoner picked it up—he had another shilling in his hand, which he put down and asked for two more sixpences for a shilling—I am quite sure he put down a different shilling to what the barman gave him—the barman gave him two sixpences and he left—I told the barman, he looked in the till, and took out a bad shilling.

Prisoner. Q. Why did you allow him to put it into the till? A. Because I was not certain whether it was a bad one—I knew the way in which you fingered it—it was on a Wednesday night.

HERMAN WHITE . I am a grocer, of Gloucester-place, Walworth—the prisoner has been in the habit of coming to my shop—he came there about a fortnight before his apprehension—(he had been there several times previous, and I always found bad shillings in the till)—my shop woman told me in his presence, that she gave him two good shillings and fourpence halfpenny, and he put down a bad shilling, and said, "Will you give me two sixpences"—I looked at the shilling and told him it was bad—he said hardly anything; I gave him the bad shilling, and said, "Take the money, and be off"—he took the articles which he had paid for and left—he was quite sober—he came again next morning, and that was the only time I saw him afterwards.

Prisoner. Q. Did not I come back next morning and say that I had been to Mr. Parks, in Walworth-road, and that it was a good shilling? A. Not a word of the sort—I did not say, "I was not there at the time, and did not see it"—I know it was bad, because I tried it with my teeth.

GEORGE TARRANT (Policeman, P 37.) I received information from Mr. Deacon,

consequence of which I took the prisoner on Saturday night, 6th September, at 8, New-street, New Kent-road, near Mr. Deacon's—he was lying on the bed, and I told him I should take him into custody for passing counterfeit coin at Mr. Deacon's, in Union-road—he made no answer—he was the worse for liquor—on the way to the station he made use of a filthy expression, and said that it was his wife who was going to put him away that time—I found 14s. 6 1/2 d. on him—I received these two bad shillings (produced) from Mr. Deacon.

WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint—these shillings are both bad.

Prisoner's Defence. I had no knowledge of the shillings being bad; my wife has been most bitter against me, and I thought she wanted me to strike her, or do something to get me sent away again, for the sake of taking my things. She said she would send me where I was before. I put 2s. 4d. on the shelf the night before, and my wife must have changed one of the shillings; she spends the whole of her money in rum in that man's house, after she comes home of a night.

GUILTYThree Years' Penal Servitude.

He was further charged with having been before convicted of feloniously uttering counterfeit coin in 1856, when he was sentenced to Six Years' Penal Servitude; to which he—

PLEADED GUILTY.

Reference Number: t18620922-1019

1019. WILLIAM HOLDOM (18) , Feloniously forging and uttering an order for the payment of 12l., with intent to defraud.

MR. DALY conducted the Prosecution.

TABITHA DODGE . I am the wife of Esau Dodge, a coach proprietor—the prisoner came with a man, named Horrocks, in June last—they drove up to the front of the shop with a horse and chaise—they said that they were commercial travellers, who had done their business for the day, and would I let them have a light gig, as they wanted to go a few miles out pleasuring, as it was Saturday afternoon—I said, "Yes," and we let them have a gig—they left their own in front of the shop till they came back at night; when they returned my gig, and paid me 4s.—on the following Sunday, 29th June, the prisoner had a horse and chaise of me, and Horrocks had another—I asked them for payment before they started; they both said that they were short of money, and asked me to advance them 2l. on the fourth of this cheque, which they produced, till Monday morning, as they were too late to cash it on Saturday—Horrocks gave it into my hand—I said that I had no money at all as my husband was out—they tried very hard to get one sovereign, but I did not give them anything then—they both went out with the chaise—the prisoner returned the same night; he brought back the horse and trap, and said that his friend had got tipsy, and was incapable of driving home, and he advised him to put up for the night; he told me where, but I forget—he asked my husband to advance him 2l. on the faith of this cheque, and my husband should go next morning to the Bank with him to receive it, as he should want the chaise to fetch his friend home—my husband said that he could not—the prisoner then said, "Can you let me have 1l.?"—he said, "No"—the prisoner said, "Can you let me have 10s.?" my husband said, "Yes; give him 10s." Which I did—I had got the cheque; he had left it with me in the afternoon—on Monday morning, he came again, and had the horse and chaise to fetch his friend home, and never came back; we never saw it till the Wednesday—we put it in the hands of the police—I wanted the prisoner to go to the Bank with me, but he seemed very much

confused, and would not go—he said that I could take upon myself to go, if I chose, and drove off, and I did not see him again—I afterwards went to the Bank with the cheque, and was given in charge—I was afterwards discharged.

Cross-examined by MR. LANGFORD. Q. Is Horrocks older than the prisoner? A. He may be a year or so—he produced the cheque—he said that he was too late for the bank; that he had a friend, in the Walworth road, who would lend him some money, and he would pay when he came home; and he did so—I kept the cheque as security for the gig—I do not recollect the prisoner saying, "No; I will have nothing to do with that cheque myself;" he may have said so—this is my signature to these depositions—I did not know him by sight before he came to hire the trap—he was at the stable door when the conversation took place—neither of them were in the trap then—I swear that the prisoner made use of the word cheque, on Sunday, to me and my husband; we were both together—the cheque was up stairs—my husband scarcely spoke two words to him on Sunday afternoon—Horrocks wrote an address on the wall, but the police say that it was fictitious—I asked for his address.

WILLIAM SPILLMAN . I am a clerk in the Temple-bar branch of the Union Bank—I do not know the writing of this cheque—we have no customer of this name—it was given out in February, 1858, to Mr. G. S. Chemiss, a customer of ours, who died—I do not know whether he ever gave cheques to Horrocks—it is not payable to Horrocks.

Cross-examined. Q. How long has Mr. Chemiss been dead? A. Two years.

HENRY WILLIS (Policeman, 99 V.) I took the prisoner on 23d August, and told him I apprehended him for uttering a forged cheque in the Blackfriars-road—he said, "It was not me; it was Horrocks."

Cross-examined. Q. Were not his words, "I can clear myself of that; it was not me; it was Horrocks?" A. Yes.

NOT GUILTY .

Reference Number: t18620922-1020

1020. JAMES CARTER , alias GEORGE CLEMENTS, alias THOMAS HARLAKD (41) , Unlawfully obtaining, by false pretences, the sum of 4l. from Mary Ann Harrison; 1l. from Caroline Fowkes; and 10l. 10s. from Ann Jones; with intent to defraud.

MR. LILLEY conducted the Prosecution.

MARY ANN HARRISON . I am unmarried—in November, 1861, I advertised for a housekeeper's situation—I afterwards received a letter in reply, from James Edward Marshall—I have destroyed the letter—Palace Gardens was the place from which I advertised—the prisoner came there—he gave the name of James Edward Marshall, the name mentioned in the letter—he said he was a widower, and had been so eleven years; that he had taken a hotel at the Isle of Wight, and said, "Will you superintend it for me, housekeeper?"—I consented; and he then said he should require me to go down in about a week or a fortnight—nothing was then said about my salary—he came again, three or four times—he came the next day but one after the first interview—he said he was a widower; that he had a brother at Norfolk, who was a physician; and that bis uncle had died and left him the property—he came a third time, and talked about the management of the hotel—he did not say anything about money that time—he came a fourth time, and then he said he had just received a letter, saying that he must get some wine out of the docks, and he had not sufficient to pay for it; would I let him have some money—I asked him how much he wanted—he

said, "How much have you got?"—I said, "4l."—he took that—it had been arranged at this time that I was to enter his service—I advanced the money, believing his statement that he was proprietor of the hotel at the Isle of Wight, and had bought the hotel—he only mentioned the hotel in the Isle of Wight—his representation of having that hotel induced me to part with ray money to him—nothing else influenced me—I gave him the money to clear the wine from the docks—I believed that.

Cross-examined by MR. SLEIGH. Q. That statement of his, that he had a relation who had left him money, had, no doubt, its effect on your mind? A. I did not think for a moment that the man was telling a falsehood—when he told me that he had been left money, and that his brother in Norfolk was a physician, it created confidence in my mind—I thought he was a man of respectability—his saying he had a brother a physician would strengthen the impression, and also the fact that he had a wealthy uncle, who had recently left him property—I should not have parted with my money on the mere faith of a stranger telling me he had an hotel somewhere, if had not believed him to be a respectable man, and a man with means in his pocket to repay me—I should certainly not have given it to a stranger.

COURT. Q. Would you have given him the money merely from his representions that he had an hotel, and that he wanted wine from the docks? A. No; I should not have parted with it if he had not stated those things.

MR. SLEIGH. Q. You would not have parted with your money upon his, a stranger, making those statements to you, except from his statement about his family and the money being left him? A. No; and his having the hotel—I would not have parted with my money unless I believed about his having a brother a doctor, and an uncle who had left him property; and that he himself was a man who had means, and was able to repay me.

COURT. Q. You say you did not advance the money on the false pretences that he had an hotel at the Isle of Wight, and wanted you to be housekeeper; and that he wanted to get the wine from the docks? A. Yes—altogether, I believed him to be a respectable man, and I took his word.

MR. SLEIGH. Q. Upon a mere stranger making these statements about the hotel and the wine, and wanting you to be his housekeeper, you would not have parted with your money to him, unless you had believed he was a man of means and able to repay you; in consequence of the statements he made about his uncle leaving property, and his brother being a physician? A. That was not it; the hotel was the matter that I thought about—I should not have parted with my money to a stranger, in a place like London, who merely answered my advertisement, and told me what might be a cock-and-bull story about an hotel, unless I believed him to be a man of means—I should not have parted with a single farthing to him if he had merely told me about the Isle of Wight, and about the wine, and that he intended to take me as a housekeeper; unless he had told me something else which created confidence.

ANN JONES . I reside in Goswell-road, and am a widow—about 20th August, I put an advertisement in the newspapers, being in want of a situation as housekeeper—I received this letter (produced) by post, in answer, in consequence of which, I afterwards saw the prisoner at my house; and he gave the name of Thomas Harland—he made a reference to the letter that had been sent. (Letter read: "London, 21st August, 1862. Madam, in answer to your's of to-day, I beg to say I will call on you to-morrow afternoon, from 4 to 6 o'clock. Thomas Harland.")—he called in the morning,

but I was not at home, and he then called in the evening—he stated that he was keeper of an hotel in the Isle of Wight, which he had taken six weeks before, and that the people who were leaving the house were still keeping it for him till he could go to it, but that he had paid the whole of the money for it—I do not remember what he said as to whereabouts it was in the Isle of Wight—he said he wanted a housekeeper to go down to the hotel in a fortnight's time—I had several interviews with him—it was arranged at the first interview that I was to be his housekeeper—he called on 27th August, and stated that he had wine and spirits in bond at the docks, which he must have out on that day; that he had come away from home with only 5l. in his pocket; that his solicitor was on circuit, it being Assise time, or he could have got plenty from him; and that he wanted 12l.—I said I had not so much by me—I got and gave him 10l. 10s.—he stated that the wine must be got out that day, or he should have some trouble about it—he said it was to be sent to the hotel, which he had spoken of, in the Isle of Wight—he called again next day, and promised to call again on the following day—I did not see him afterwards, until at the Southwark police-court—I was induced to part with my money to him under the firm conviction that he was what he represented himself to be.

Cross-examined. Q. You believed, I suppose, from his general conversation, that he was a respectable man? A. I did; he said he had only one relative, a brother, who was living down in Devonshire, and was a medical man—he told me that he had been left some property by his uncle—I did not for a moment doubt his being what he represented himself to be—I should not have parted with my money to him if I had not supposed him to be a respectable man—I had no motive but the one I advertised for—I believed what he said about his solicitor being on circuit—he stated that he had plenty of money at home, but that he had not time to go there—I never doubted what he said about his brother, and about the property to left to him.

MR. LILLEY. Q. Supposing nothing had been said about a brother in Norfolk, nothing about the relation who left him money, and the solicitor being on circuit, but only the other things you have mentioned, would they have induced you to advance the money? A. I think not; I think I should not have advanced it if I had thought he was not really a respectable man, and what he represented himself to be; and I did not doubt it until some days afterwards, when I went down to the Southwark police-court.

CAROLINE FOWKES . I am a single woman—about 10th or 11th July last I put an advertisement in the Times, for a situation as useful companion, companion and housekeeper, or housekeeper, to an elderly lady or gentleman—I received several replies by letter, one of which was from the prisoner—he afterwards called on me, and alluded to the letter which he had sent—he gave the name of James Harding, and said that he had taken an hotel in the Isle of Wight, at Wootton, and had been in possession of it three months previous to that; that he had taken lease, stock, and fixtures, and everything, just as they stood—the writing on this envelope (produced) is mine—that was done some time after the interview—this little memorandum (produced) I made at the time, directly the prisoner left the room—(Reading: "Wootton, five miles this side of Newport; ten servants; make up eighteen beds, private family hotel")—we had several interviews—he engaged me at the second as housekeeper to the hotel, at 25l. per annum—on 21st July, he called on me in the morning in a very great flurry, and said, "Oh dear, I don't know what I shall do, for my lawyer is gone on circuit, and I forgot to ask him for some money before he went; have you any you can lend me?"—

I said, "Well, I am very short indeed of money; I really have not"—he said, "Oh! well, I will go down to his private residence, and see if he has gone"—about a couple of hours afterwards, he came back to me and said, "O dear, I find I was too late; can you lend me seventeen shillings"—I said, "I have not seventeen shillings," but I put a sovereign down on the table, which he took up and put in his pocket, saying, "I will return it either this evening or in the morning"—the next morning he called on me, and said, "I sent to my wife, but I have not got an answer; can you lend me another seven shillings?"—I said, "I told you yesterday I was very short of money, and I most certainly have it back to night, or in the morning I have not seven shillings;" but I had two five shilling pieces in my pocket; I held them out in my hand and said, "Have you got three shillings?"—he took them out of my hand, and put them in his pocket, saying, "You shall be certain to have this with the sovereign to-night or tomorrow morning"—the next morning he called on me and said, "I have not brought your money, but you shall certainly have it this evening; I will call about 6 o'clock, and leave it you"—I never saw him again until he was arrested—I gave him in charge—I had two policemen with me at the time—I put another advertisement in the paper, and called at the library where I had them addressed to me; amongst the answers was one from the prisoner; I knew the handwriting—I answered it in a feigned hand, and in another name, addressing it from a friend's house, 46, Dover-road—the prisoner answered it, appointing a time to see me at 2 o'clock on a Thursday—I had two detectives there ready, and they took him in custody—I advanced him the money because he had engaged with me as his servant at Wootton, in the Isle of Wight, and it was on no other conditions that I let him have it.

COURT. Q. Did he give any name when he came in, before he was taken by the detective? A. The letter was signed "James Carter," and he came under that name, at the time the appointment was made in that letter.

Cross-examined. Q. Had you several interviews with him? A. Yes—he spoke of the hotel at the first interview, and at two or three of the interviews—I put down this memorandum at the second, when he engaged me—on the first occasion he said he had a brother in the country somewhere; that was all he said about his family; I do not think he said what his brother was—I have no recollection of his having spoken of the respectability of his relations—I believed his statement so far as that he had this place in the Isle of Wight; I believed no farther—he said he had an uncle who had died, but I do not recollect anything about money being left him—I do not remember his telling me that he came into property by the death of that uncle—he said he had an uncle died about eight months since, and that he was settling up that uncle's affairs, but he did not tell me what they were—he did not tell me that his solicitor had funds of his—I am sorry to say I have had a solicitor—he told me that it was in consequence of his solicitor being out of town that he was short of money at that moment—I did not give that a thought about believing it—the only thing that induced me to lend him my money, was that he engaged me as his servant to go to Wootton, in the Isle of Wight; under that impression I lent him the money, and under no other—if I had not any confidence in him I should not have engaged with him as his servant.

ROBERT BRICKLAYER (Policeman, M 167). On 14th September last, I apprehended the prisoner, and told him he was charged with obtaining a watch and several sums of money from Miss Fowkes under false pretences—he said, "Let me and Miss Fowkes be together, and I will take her over the

water to the Strand, where I can give her her watch, and I will get her her watch"—he said nothing else in my presence, and I took him to the station—he said nothing there in my presence—Holmes was with me at the time—I do not recollect the word "square" being used at all.

GEORGE HOLMES (Policeman M 252). I was with last witness when the prisoner was taken—I went into the room where Miss Fowkes was, and told him I was going to take him in custody—he said, "Now, let Miss Fowkes and me be together a short time, and I will square the matter with her"—he was afterwards taken to the station by the last witness, and charged there—from information I received on the 9th instant, I went to the lodgings of the prisoner in Queen-street, Drury-lane—I know them to be his lodgings, because I had seen him there before—I knew him in the name of George Clemitts—that is his proper name—I saw a woman there whom I knew as representing herself to be the prisoner's wife—I have known him living there nearly two years—I searched there, and found a duplicate of Miss Fowkes' watch; and, amongst other things, twenty-nine duplicates relating to jewellery and other articles of a similar description.

ABRAHAM VANNER . I am landlord of the Sloop Inn, at Wootton, in the Isle of Wight—I have lived there two years by the 11th of next month—there is no other inn in Wootton but the Sloop Inn—I have not let my house to the prisoner; I have had no application for it.

Cross-examined. Q. Whereabouts in the Isle of Wight is Wootton? A. Halfway between Newport and Ryde—there is the Clements Arms Inn at Binstead, which is better than two miles from Wootton, and rather better than a mile out of Ryde—the next hotel to Wootton the other way is New-port, which is a little better than three miles and a half from Wootton—it is seven miles from Ryde to Newpor—there are not so many as half-a-dozen different hotels within a circle of four or five miles from Wootton—there is the Prince of Wales, near Cowes, which is about three miles; there is my own and the other one that I mentioned, making three.

COURT. Q. Who keeps the Clements Arms? A. A man of the name of Hill—the prisoner does not keep it.

MR. LILLEY. Q. Do you know the landlords of the inns that have been mentioned? A. Yes—he is not the landlord of either of them—I never saw him before that I know of—the inn nearest to Wootton is more than two miles off.

THOMAS LAWLER . I am one of the Hampshire constabulary, and have been stationed in the Isle of Wight for five years—I know the hotels on the island—I have made particular inquiries in reference to this matter—there is no hotel or inn kept by a man named Thomas Harland, nor by a man named James Carter, nor by James Edward Marshall—I know Wootton—there is no family inn or hotel there kept by a person of either of those names.

ANN JONES (re-examined.) When the prisoner first called on me he referred to a letter—he gave the name of Thomas Harland—this is the letter he wrote me first, with my address on it—(Read: "London, August 21st, 1862.—Madam, I have seen an advertisement in this day's Times, and, from the manner in which you advertise, I feel sure you are a person suited for my situation. I am about to enter upon possession of a small but highly respectable family hotel, in the Isle of Wight, and require a respectable woman that will take the entire superintendence of my housekeeping, and that I can trust with confidence in charge of my business, should I at any time be absent. Nothing menial is required; in return for which, if, after an interview, it is agreeable to both, I should not object to marry, and make

her a comfortable home. If this meets your wishes, please write to me as soon as possible; I will then appoint a time when full explanations will be given. Yours truly, Thomas Harland. Please address, Post-office, Castle-street, Leicester-square.")—Mr. Edwin's clerk has my reply—subsequently to that he sent the short note which you gave me before. (MR. SLEIGH submitted that the alleged false pretences in the indictment were in reality only promises of future conduct, and not pretences of existing facts, and that there had been no evidence to negative them. THE COURT was of opinion that there being no such hotel in the Isle of Wight was evidence to negative them, and that the engagement of the several witnesses as housekeeper was a pretence with reference to an alleged existing fact, as well as the statement that he had wine which he wanted to send down there.

GUILTY .*

MR. LILLEY stated that there were forty similar cases against the prisoner, in which he had obtained sums of money varying from 4l. to 10l. and upwards from different ladies; and in one case the amount was 30l.— Judgment Respited.

Reference Number: t18620922-1021

1021. FLORETTA HEMMING (22) , Unlawfully endeavouring to conceal the birth of her infant child.

MR. POLAND conducted the Prosecution, and MR. SLEIGH the Defence.

NOT GUILTY .

Before Mr. Recorder.

Reference Number: t18620922-1022

1022. PIERRE LE ROIS (22), ALFRED TOWERS (18), WILLIAM CHARLES ALLEN (24), and AGNES ELIZABETH TOWERS (23) , Unlawfully assaulting Henry Herrick, and rescuing one Frank Towers from his custody.

MESSRS. LILLEY and RIGBY conducted the Prosecution.

HENRY HERRICK . I am one of the officers to the Sheriff of Surrey, and have been so for thirty years off and on—I am a servant of Mr. Seal's—I am appointed to my office by the Under Sheriff, by giving a bond of security—this (produced) is the bond by which I was appointed to my place—on 13th September last, I went to the Victoria Tavern, Waterloo-road, next door to the Victoria Theatre—I think it must have been as near 4 o'clock as possible, or a little after, when we got to the house—I went for the purpose of arresting Frank Towers on a warrant of capias—he was the landlord of the public-house, and I believe is now—I had known him some time—he knew me personally—I had arrested him once before, about three weeks prior—this (produced) is the warrant on which I arrested him—I had it with me on this 13th September—this (produced) is the writ of capias—George Walter Reeves and George Remnant were with me—they are my assistants, employed by Mr. Seal—I went in first to the front of the bar, and stood there a short time—Reeves followed me—I knocked on the counter, and called for three pennyworth of brandy—nobody came, but I saw Towers in the bar parlour, making his way towards the kitchen stairs—I immediately went round through the folding doors and saw him on the top of the stairs—I said, "Mr. Towers, I want you again"—he made some answer; "What for," I think, were his words—I said, "For a much larger amount than the last"—I took hold of him by the right arm, and he went up the steps into the parlour, and threw himself on to a chair—the female prisoner, Agnes Towers, his wife, immediately came into the room, and he requested her to fetch him a knife to stab himself, or to cut his throat—Reeves and I, and those two, were the only persons in the room then—I served Towers then with the capias and writ of summons—I served him with copies of the two writs of summons, and a copy of the capias—I showed him the two original writs and the warrant—I turned round to the other assistant

for him to fetch a cab, seeing that Towers was very excited, and the moment I turned round to get to the door I heard a shuffling, and a shriek from Mrs. Towers—that was before I got to the door—I was making my way to the door—I heard a bit of a scuffle, and a shout directly—I turned round then, and saw that he had jumped out of the window—at the moment of the shriek, a regular rush came into the parlour—Mrs. Towers caught hold of my collar when I was in the act of getting to the window—when the parties came into the room, she said, "These two men are come to take Frank away again"—I should say there might have been twelve or more come into the room, but the principal among them were the three male defendants—I was caught hold of by Pierre Le Rois in the first instance, and the other two defendants rushed upon me—my coat collar was torn in two places, but nothing happened to the tails of my coat—Le Rois wrested the staff out of my hands, and asked, in his way, whether I was a policeman—I nodded to him—the door was locked at that time—I cannot say who locked it—I made every attempt to get out of the window—I was knocked down over the table, and Mrs. Towers fell once with me—we were both down together at one time—I was knocked down by the three male defendants—I then fought my way through as well as I possibly could, to get to search the house—Reeves got through out of the crowd and got out, and the door got opened somehow—I tried to force my way from them, and could not do so for two or three minutes; at last I got into the front of the bar, and there I was forcibly shoved out by Allen and Le Rois—I could have had Frank Towers very easily in the yard supposing I had not been interfered with in the manner I was; because when he jumped out he fell and lay there—I was forcibly pushed out of the house by Allen and Le Rois—I afterwards tried to get an entrance again, but could not—Alfred Towers was there with them, pushing and knocking about—he caught hold of me by the collar and held me—I went to the police-station—a young policeman came up, and he did not understand anything about it, and there was a potman as bad as the rest—I have not been able to capture Frank Towers since—he has entirely escaped for the present.

Cross-examined by MR. LEWIS. (For LE ROIS). Q. This is a writ of capias ad respondentem? A. I believe you call it so—I have not had thirty years experience entirely with the Sheriffs—that is not a writ issued on a judgment—the person on whom that is to be served is generally served without notice—we take the copy of write with us to serve prior to the application of the capias—there is an application to a Judge on an affidavit that he is about to leave the country—Mrs. Towers seized hold of Reeves before me—she had hold both of me and Reeves before anybody came into the room—I never heard her scream "Murder"—it was a shriek—she was shrieking all the time of the confusion—she did not shriek more than once before anybody came into the room; they wets in in a moment—she had shrieked, but had not hold of me when the others came into the room—they knew I was a Sheriffs officer—Le Rois is a little Frenchman—when he got my staff away from me he said, "Are you police?"—he did not say that before I had my staff in my hand at all—I swear most positively he did not say, "Are you police" before I showed it—this (produced) is my staff—I did not say at that time that I was a Sheriff's officer—I wanted him to understand that I was a policeman, that he might give me up my staff and leave off following me in the way he had done—he did not say, "I don't believe you are a policeman; look at this staff"—he cannot speak English—he did not say "No police"—I did not intend him to understand that I was a policeman, but merely to give up the staff and to be quiet—I did not intend him to

believe me to be a policeman in order to give it up—I merely nodded to him, thinking he would give it up—he did not pull me off Mrs. Towers—he came and collared me—Mrs. Towers was not out of the room a second before Le Rois came in—I was examined twice before the Magistrate, and my deposition was read over to me before I signed it—there is not a quarter of my evidence in that deposition—I have not read it since; not with the attorney on the other side—I have called to my recollection everything that occurred—if a man made his escape of his own will it would depend on the circumstances at the time, who would be liable—I don't think it would make any difference if we could make out that we were overpowered.

Cross-examined by MR. MONTAGUE WILLIAMS. (For Allen and Alfred Towers). Q. You say you have been a sheriff's officer on and off, what have you been in the intervals? A. In the public business, and a broker at the same time as being an officer—I gave Allen in charge at the Victoria Tavern the very first moment it took place, and Towers also at the same time—they say they went of their own free will to the station with Le Rois, but the policeman went with them—I considered them in custody—I gave them in charge to the policeman at the Victoria Tavern—I swear that; and I also gave the potman, who is not here—the policeman is not here that I know of—he was examined before the Magistrate—the door was fastened, either locked or bolted—there was a fastening on the folding doors—I can swear I could not get out—I cannot say whether there was any lock.

Cross-examined by MR. KEMP. (For Agnes Towers). Q. The door opens inwards, does it not? A. I really cannot say; I did not notice it at all—I only know Mrs. Towers by seeing her come to the house—I do not know that she was in a very bad state of health; I should say far from it—I have seen her a great number of times—she did not go into a fit of hysterics; she simply kept shrieking—she and I fell—Reeves never fell to my knowledge—we were all there, all down together—I was not on the top of her, nor was she on the top of me; we were down together on the floor—she could not have been very much braised—I was not—Messrs. Abbott are the sheriff's attorneys—they are not the attorneys engaged in this prosecution.

MR. LILLEY. Q. Are the Messrs. Abbott under sheriffs? A. Mr. Charles Abbott is the Under Sheriff—Mrs. Towers fell in the scuffle—I was trying to get away from her; trying to get my coat off to get rid of her—I had seen Mrs. Towers before at the house where Frank Towers was locked up, and also at her own house—I believe the other defendants had seen me at the lock-up house when Towers was in custody—I would not swear that, but Allen knew me and Reeves well, and so did Alfred Towers—when Frank Towers was in the room, and Mrs. Towers was in the state of excitement, she said he could not possibly go that night, and he should not go—I tried to open the door, as soon as I could get to it, but was not able at the moment; Reeves got it open first, but I do not knew how—I have carried this staff ever since I have been an officer.

GEORGE WALTER REEVES . I am an assistant to Mr. Seal, an officer of the sheriff of Surrey—on Friday, 13th September, I accompanied Herrick to the Victoria Tavern, between 4 and 5 o'clock—Remmant, another assistant, was with us—he went in first, and then he came out and gave us some information, Mr. Herrick went in, and I followed him, and saw Mr. Towers against the bar-parlour door, going into the back-parlour—Mr. Herrick told him that he had a writ for him—he said, "Good God, you don't mean that;" and with that he went and placed himself in a chair under the window in the back-parlour; the sitting-room to the publichouse—Mrs. Towers was in the

room; she had come in—he said to her, "Here, they have come for me again," or some words to that effect—Herrick gave him the two write and the writ of summons, and he put them in his pocket—Herrick had the originals in his hand, and showed them—he said he had a writ for 300l., or thereabouts—he handed the writs to him, but did not put his hand on him—he told him he would have to come to 57, George-street, Blackfriars-road—Towers, at that moment, told his wife to bring a knife; that he would cut his throat or stab himself—his wife did not bring it—at that moment I told Herrick to tell Reeves to get a cab, and as I said that, Towers jumped out of the window—I caught him by the tail of his coat, and it came out; he left the tail in my hand—I was about going after him, when Mrs. Towers caught me by my right hand and swung me round the room—she shrieked out directly she caught hold of me, in consequence of which, a lot of persons came running into the room, amongst whom were all the prisoners, and others—when they came in I had got myself away from Mrs. Towers; and then Allen caught hold of me—young Towers asked what we wanted, and Mrs. Towers said, "They have come to take Frank again"—Allen, and young Towers, and some others, not in custody, threw me over the table—I fell on my chest, and my hat got broke—I got away from them, made for the door, and went down into the kitchen to seek for Towers—I had not tried the door before that; I had not had the chance—the folding-doors were locked, but not this door—I had not tried the folding-doors—I went down into the kitchen and looked all round, and I came up stairs to get out, and the folding-doors were locked—the window from which Towers jumped is about nine feet from the ground—I did not see whether he fell on his legs; I was pulled away from the window with his skirts in my hand—Mrs. Towers caught me and swung me round the room when the other people came in—I was about to go out of the window after him, if she had not prevented me—I could have overtaken him if I had not been obstructed—after going into the kitchen I went up stairs, and when I came down the folding-doors, and all the place, were open—I came into the bar, and saw Towers, Allen, and several others, and the Frenchman, there; and I understood they had been turned out—I am, from time to time, at the lock-up—I have seen the defendants there—they have been there to see Mr. Towers when he was locked up before—I do not know that Le Rois has been, but, I believe, young Towers, and Allen, and Mrs. Towers, have been there frequently—Allen has known me by sight for years, and so have Mrs. Towers and young Towers—they know my position—I saw a policeman when I came outside; and then Herrick said he would charge the lot—the policeman would not take the charge—he took the Frenchman, and then the others came down to the station—the policeman took Mr. Herrick's staff away from Le Rois.

Cross-examined by MR. LEWIS. Q. I believe Le Rois had not had the honour of an introduction to you before that day? A. No—I did not hear any cries of "Murder;" only one shriek; it was a good sized shriek—as it was given, they came into the room in a moment—I have been examined before the Magistrate—my evidence was not all taken down on the first examination—I was examined a second time—they took it all down then—I did not say on the first occasion all I knew of the matter; the Sessions were on at Horsemonger-lane, Newington, and I was obliged to be called there, to the jury that I have to summons, and I had only a few minutes to come to the Court—I was examined twice, but I had to run backwards and forwards—I had my evidence read over to me—I did not know but what it was correct

—I never read it—when it was road over I expressed no desire to make any alteration in it—the Magistrate did not say he would not believe me, or direct me to stand down—he found fault with me on the second examination, because I had not stated about the tails of the man's coat coming off at the time the occurrence took place—he did not tell me, on the first examination, that he would not believe me—the tails of Towers' coat were left there in the parlour.

Cross-examined by MR. WILLIAMS. Q. When this rush took place into the room Mrs. Towers was on the ground, was she not? A. No; standing up—nobody was on the ground but myself—I never saw her on the ground at all—I believe Allen and Alfred Towers went of their own accord to the police-station—I did not see Herrick on the ground at all.

Cross-examined by MR. KEMP. Q. Did you go into the place at the same time as Herrick? A. I did—I do not think Herrick put his hand on Towers—Mrs. Towers shrieked directly she took hold of me; only one shriek; she did not continue shrieking—she took hold of Herrick directly I got away from her—she had not, that I know of, hold of two men at any one time, unless she caught hold of him just as I was going away; as he was going to the window—I was very excited, but not with drink—I had not been drinking; I had nothing there.

MR. LILLEY. Q. Where was Le Rois when Mrs. Towers said, "They want to take Frank away again?" A. Tustling with Herrick—it was said near enough for him to hear that—I do not know whether he understands English—there were about fourteen or fifteen people in the room at the time—there was a great deal of bustling and confusion, but all of it did not last above ten or twelve minutes—my attendance on the jury, at Horsemonger-lane, was the cause of my not being before the Magistrate—there is no pretence whatever for saying that the Magistrate made the remark which has been put to me—Mrs. Towers might have been on the ground for an instant without my seeing it in the confusion.

COURT. Q. Have you always recollected her saying, "They have come to take Frank again?" A. Yes—they knew me directly I went in.

GEORGE REMNANT . I am an assistant to Seal, the officer of the sheriff of Surrey—I was in company with Herrick and Reeves on Saturday afternoon, 27th September, at the Victoria Tavern—I received directions from Herrick to get a cab—the first thing I heard was a scream from the female prisoner—that was after I had the direction about the cab—she seemed to be in the back parlour—after that there was a rush, and the folding-doors were closed to prevent me getting in to render assistance—I attempted to render assistance, but was prevented by the door being shut—I tried the doors and found them bolted, I suppose, inside—they were so fastened by some means inside so that I could not get in—I knew Le Rois, the Frenchman—I believe he cannot speak English, from what I heard at the police-station—I have not spoken to him at all.

Cross-examined by MR. LEWIS. Q. Can you speak French? A. I cannot—I heard the shriek—I was present at the police station when young Towers interpreted for Le Rois—I was in front of the bar when I heard the shriek—the other officers were inside the parlour—I was not with the twelve or fifteen people that afterwards rushed in; I was prevented—I was standing with the other people in front of the bar when I heard the shriek—they were the people who ran in, and I tried to go in, but the doors were closed on me, they ran all at the same time with me—I was assistant to Mr. Herrick that day, and am so on any day when he wants me.

JAMES NOLER (Police-sergeant, L 3). I am stationed at Tower-street station, Waterloo-road—on the afternoon of Saturday, 13th September, the three male prisoners came there accompanied by an officer—the female did not come—Herrick, Reeves, and Remnant, were also there, and made a charge in the presence of the prisoners—it was quite half an hour before could get any charge at all, but Mr. Herrick stated that Mr. Frank Towers had been rescued from his custody when he went to the Victoria Tavern to arrest him for debt—Reeves was present at that time—he was sober, but very excited—the Frenchman spoke, and made a very great noise, but could not understand what he said—I think he spoke French—he did not speak English—I had not known him before—Allen was not brought at first, but Le Rois, Alfred Towers, and Edward Towers who was afterwards discharged by the Magistrate, were brought in—Allen was brought in afterwards, and during the conversation, he said to Mr. Herrick, "I should not have collared you had you not collared me"—I believe those were the words—Herrick said that he had been pulled about, and considered that he was the foremost of the whole lot.

COURT. Q. Did you hear Le Rois Speak in English at all? A. I cannot say I did distinctly.

Cross-examined by MR. WILLIAMS. Q. Where is the policeman that took them originally into custody? A. He was before the Magistrate, but was not bound over to appear.

NOT GUILTY .

Before Mr. Common Serjeant.

Reference Number: t18620922-1023

1023. THOMAS BYGRAVE (25), and SARAH SELBY (25) , Robbery with violence, on Joseph Dawes, and stealing from his person 1 bag, his property.

MR. DICKIE conducted the Prosecution.

JOSEPH DAWES . I live at 17, Thomas-street, Lock's fields—on Wednesday morning, 13th August, between 1 and 2 o'clock, I was crossing the top of the Borough-road, and was knocked down by a female—I did nothing—I was insensible—when I recovered my senses I was in the station-house—I missed my bag, and had my trousers pockets torn; I cannot say what I had in them—I have not recovered my bag—I had not seen either of the prisoners before to my recollection—I do not know either of them—I felt sore at the back of my head next day—there are no marks there now.

JOHN TERRELL (Policeman, M 163). On this Wednesday morning, 13th August, about 2 o'clock or half-past, I was on duty at the top of the Borough-road—I saw the prosecutor come across the Blackfriars-road to the top of the Borough-road, and I saw Selby go before him and push him down—Bygrave came up directly, and said, "Wait a bit"—he walked round, took this life-preserver (produced) out of his pocket behind, and struck the prosecutor once on the head, and several times on the shoulders—I was about five yards off, behind, in a doorway, waiting—Selby was trying to get at the prosecutor's pockets while he was down, and Bygrave was striking him with this at the time—Selby tore both his pockets—I saw both the prisoners well, so as to have a good view of them—I knew them before; I had spoken to them that night before, and told them to go home.

Cross-examined by MR. PATER. Q. How many persons were assembled at the time? A. A great many came up directly; they were coming up while the prosecutor was on the ground, but there was no one there at first except tho prosecutor and the prisoners—the first thing that attracted my attention was seeing Selby knock the man down—there were no other females there at that time—I was standing at the corner, about four or five yards off—I was in plain clothes—Kemp, another constable, was with

me, also in plain clothes—Bygrave could not see us, because we stood in a doorway on the same side—I had been standing round about there for an hour and a half or two hours—we were waiting till the public-house was closed, because we knew what a lot there was inside—Bygrave drew this instrument from his right side-pocket—I seized hold of him after this—he dropped the life-preserver behind him whilst I was struggling with him; I went up and seized him directly while he had it in his hand—he was not then stooping over the prosecutor—when he saw me coming towards him he walked a few yards away—he had got about three or four yards from the prosecutor—I asked him what he had got here, pointing to this instrument—he said, "Nothing"—I said, "You have," and he dropped it behind him—Selby went away, the other constable followed her—I took Bygrave into custody—there was nobody with the prosecutor at the time he was knocked down—a young man came up afterwards—that man did not say that Bygrave had not struck the prosecutor—after I seized Bygrave perhaps a score of persons came up—they did not interfere with me at all.

JOSEPH DAWES (re-examined.) I had a young man with me some time before this—I was not confined to my bed afterwards—I was not confined to my house long, but I felt sore and stiff the next day—I was off work for about a week.

JOHN AUSTIN . I am a teacher of music at Walworth—about 2 o'clock on this Wednesday morning I was crossing the Waterloo-road—I heard a voice sing out, "Do you call me wh—you beast," or something of that sort, and with that I saw the female' prisoner go towards the prosecutor and knock him down on his back—I made towards them, and then I saw the male prisoner standing over the prosecutor knocking him on the head, I could not say what with—I saw the female prisoner in a stooping position trying to rifle the prosecutor's pockets—I afterwards saw the constable come up, and saw him take the life-preserver and take Bygrave into custody—Selby walked away with the prosecutor towards the London-road, and she took him some short distance, which made me think at the moment that they were man and wife—I went with one of the policemen, and asked him, "Do you know this woman?"—he said, "No"—I am positive the prisoners are the persons I saw.

Cross-examined. Q. Then you saw the commencement of this affray? A. Yes, I should think it was the commencement—the prosecutor and Selby were not quarrelling—I only heard that expression, and she knocked him down on his back—she appeared to push him—I was about ten yards from the prosecutor when Bygrave approached them—if he had drawn anything from his pocket I can't say whether I must have seen him, from the position in which he was; he was standing over the prosecutor—I don't know where he came from—he was knocking the prosecutor on the head—he appeared to me to be hitting him with his fist, or something of that kind—his back was towards me—I did not see any instrument—I saw the life-preserver picked up afterwards.

JOSEPH KEMP . At the time in question I was a policeman, M 281—on this Wednesday morning, 13th August, about half-past 2 o'clock, I was with Terrell—I saw the prosecutor in the Borough-road, going towards the London-road—I saw the female prisoner get in front of him, and strike him in the face, and knock him back on his back—Bygrave took a life-preserver out of his pocket, and hit him three times, once on the side of his face, and twice on the shoulders—he was on the ground at the time—I saw Selby with her hands in his trousers pockets—I think the prosecutor was sober—

I saw Terrell take hold of Bygrave, who dropped this life-preserver—I picked it up—I took Selby to the station; Terrell took Bygrave.

Selby. I know nothing about it; I was tipsy at the time. Witness. She was not tipsy.

The prisoners were further charged with having been before convicted, Bygrave in July, 1858, at the Surrey Sessions, and Selby, at the same place, is September, 1857. To this part of the charge they both PLEADED GUILTY.

BYGRAVE— GUILTY .**— Ten Years' Penal Servitude.

SELBY— GUILTY .**— Six Years' Penal Servitude.

Before Mr. Recorder.

Reference Number: t18620922-1024

1024. GEORGE SETH MORRIS (29) , Feloniously, with a man unknown, assaulting George Perrott, with intent to rob him.

MR. DICKIE conducted the Prosecution.

GEORGE PERROTT . I reside in King's-road, Chelsea, and am a leather-dresser—on Tuesday night, 12th August, I was in the Borough-road, South-wark, between 12 and 1 o'clock—I had been drinking in a public-house, and was the worse for liquor—as I was going along, I received a blow on the back of the head—I fell on my hands and knees—I did not see the party who gave it—my assailants then commenced to kick me violently; I tried to get hold of their legs but could not succeed—I then got a violent blow on the jaw, which fractured it; it is very bad now—I was an inpatient at the hospital for a fortnight, I am now an outpatient—I had been two or three hours at Bermondsey with some friends, drinking—when I fell, my impression was that I was going to be robbed, and I put my hands to my pockets.

WILLIAM BIRCHER (Policeman, M 236). On Wednesday morning, 13th August, between 12 and 1, I was in Market-street, Borough-road, South-wark—I saw the prosecutor there and told him to go home—he was having a dispute with some girls in Market-street—I followed some distance behind him up Market-street, to see that the girls did not molest him—just before he got to the end, I saw the prisoner and a companion of his, cross the other side of Market-street, and knock the prosecutor down—I ran up to his assistance, and just before I got up I saw the prisoner kick him—I took the prisoner by the collar and almost at the same moment I received a violent blow at the back of the ear with a life-preserver, I believe—I had a full opportunity of seeing the prisoner, I had known him before—on the morning of the 19th, I took him into custody—I told him the charge—he said he knew nothing about it, he was at home in bed at the time—I believe the prisoner was brought to the station that same morning, from the statement of the other constables—I could not swear to it—I did not identify him that morning, I was not able; I had not my senses for two days afterwards—I did not know what I was doing—at the time this assault happened the prosecutor was lying insensible—as soon as I came to, I sprang my rattle and was taken to the station, a brother officer got a cab and took the prosecutor to the hospital.

Cross-examined by MR. PATER. Q. When did you tell the prisoner the charge? A. On the morning of the 19th, when he was apprehended the second time—I have no recollection of seeing him the first time—another man was concerned in the assault—I described him at the station as being of a light complexion—the inspector did not refuse to take the charge when the prisoner was brought to the station on the 19th—he said he had been there before—the acting inspector was not there when I came in, but when he came in he took the charge directly—he asked me if I was positive the

prisoner was the man I saw assault the prosecutor—I said I was and he took the charge—I told the prisoner he was charged with assaulting Perrott—he did not assault me—he offered no resistance whatever to me—a companion of his assaulted me—the station is about a quarter of a mile, or a little more, from the place where I was assaulted—I walked to the station with assistance; the sergeant had hold of my arm, he is not here—I don't think any of the policeman are here who were present when the prisoner was first taken to the station—Dr. Evans was sent for, and he dressed my head and ordered me to go to bed—I have no recollection of seeing the prisoner, if he was brought to the station.

JOSEPH KEMP . I was a policeman on the morning of 13th last month, and was on duty in the Borough-road, about a quarter before 1—I was at the Dover Castle public-house, and saw the prisoner with three others there—I came out and they came after me—one said to me, "Mr. Kemp, we are getting up something hot for you"—I said, "I would advise you all to go to your homes"—they went from there across to the Borough-road—I did not see anything of this occurrence—about 4 o'clock I took the prisoner out of his bed, I heard he was wanted.

Cross-examined. Q. Did you go with some other detectives to the prisoner's house? A. Yes; with 163 M, and we took him to Stones-end police-station—he was placed with some other prisoners; he was not charged then, not till after the constable got well—I was not present when he was charged—he was taken again when the constable got well—when I saw him at the station, the first time, the constable could not identify him, and he was let go—he did not say anything, he looked at me more than he did at the prisoner—I was in private clothes—I did not hear him say it was a fair-haired man—I don't know that in consequence of a description given by him, another man was brought to the station and discharged.

MR. DICKIE. Q. Was the constable insensible at the time? A. Yes; I think he was.

JOHN CARROLL (Policeman, M 163). On 13th August, about I in the morning, I was on duty near the Borough-road—I saw the prisoner and three others about 10 minutes or a quarter before I—I said it was time they were at home, they had better go away to their homes—I did not see anything of this assault—I was present when the prisoner was taken—he had a hat on when I first saw him, and when we took him to the station he had a billycock hat on.

Cross-examined. Q. Did you go to his house? A. Yes; I was present when he got out of bed; I' was present when Bircher could not identify him—he was then dismissed—Bircher had an opportunity of seeing the person who was brought in, but he did not seem as if he had his right senses—I believe he looked at the prisoner—he looked at all of them—I was present when Bircher brought him to the station on the second occasion.

MR. DICKIE. Q. Did Bircher seem to be suffering very much? A. Yes.

GUILTY .†— Four Years' Penal Servitude.

Reference Number: t18620922-1025

1025. REUBEN STRAKER (22) , Burglary in the dwelling-house of Thomas Andrews, and stealing therein 4 coats, value 5l.; 2 pair of trousers, value 30s.; and 2 waistcoats, value 30s., his property.

MR. DICKIE conducted the Prosecution.

THOMAS ANDREWS . I live at 22, Charlotte-row, Walworth, and am a bootmaker—on Saturday, 26th July, I left my house between 8 and 9, quite secure, and did not get back till about half-past 11 o'clock at night—I left

nobody in the house—I found the back bedroom window unfastened and broken, some treacle paste on the window, and four coats, two pair of trousers, and two waistcoats gone—this is one of the coats (produced)—I did not give this away to anybody—I do not know the prisoner.

JOSEPH KEMP (Policeman, M 281). I took the prisoner into custody is James-street, Borough-road, on 28th August, about half-past 1 in the morning—he was wearing this coat, I believe—it has bean out of my possession since: another constable had it—I said, "You are wanted for being concerned with four others for breaking into a house in the division"—he said he was not there; he was innocent—I took him to Carter street police-station—the prosecutor was called in, and he said the prisoner had his coat on—I took it off—the prisoner said he bought a ticket of a pawn-broker in a skittle-ground, and he went to take the coat out—he said the pawnbroker lived in Gravel-lane—there is no pawnbroker there.

Cross-examined by MR. PATER. Q. Do you know this neighbourhood? A. Yes—there is an entrance in Gravel-lane to a pawnbroker's shop—the nearest pawnbroker's shop which has an entrance in Gravel-lane is about forty yards from Gravel-lane, I should think—I told the Magistrate about the skittle-ground—I did not go to any pawnbroker's shop; the other constable did.

COURT. Q. You say there is no entrance to a pawnbroker's shop; how comes it that you say that there is a shop? A. The pawnbroker's shop is in Union-street; you go from Grovel-lane into Union-street, and then from Union-street into the pawnbroker's shop—you cannot get into the pawn-broker's shop out of Gravel-lane without going into Union-street—this is my signature. (The witness's deposition being read, stated that the prisoner said he bought the ticket of a man in a public-house, and took the coat out of pawn in Gravel-lane, and that then were no pawnbrokers in Gravel-lane.

COURT to THOMAS ANDREWS. Q. Did you hear the prisoner say that he had bought this in a skittle-ground? A. Yes; and then took the coat out of pawn in Gravel-lane—I also missed a bag of coins, some gloves, and some cambric pocket handkerchiefs.

EDWARD INGRAM . I live at 7, Trinity-place, Dorer-road, Borough—I remember Mr. Andrew's house being robbed on Sunday night between 10 and 11—I was standing near the house that night, and saw five men there; the prisoner was one, and Jim Brett, Tom Hill, Dummy, and Briggs—I saw two of them standing by the gate, and two of them over the wall—I did not see the fifth doing anything at that time—I went into a public-house, and left them outside—the prisoner was gone when I came outside—before I went in they were all talking together—I saw the two standing at the gate, and two on the wall, after the prisoner went away—after I came out of the public-house, the two on the wall handed a bundle over, and they all four went away together—I had not known the prisoner before, or his name.

Cross-examined. Q. Did you net hear the prisoner wish these other men "Good-bye" before you entered the public-house? A. I did not know what they were talking about—I did not bear him say "Good-bye"—these men were not friends of mine—I only knew one of them, Tom Hill—he blinded my eye—that was a good while ago—I have not been on good terms with him since—I have never forgiven him—I gave evidence against him—I know they have been convicted—I appeared against them—I have never been in trouble—I have not been charged with anything—I met the prisoner, after 27th July, in the Borough-road, just against the Blackfrairs-road—I

cannot tell the date, it was about a week after the robbery—I did not speak to him, he nodded bit head to me—there are lights near the house—the public-house, which is just opposite, was lighted up on this night—the wall, where the two men were, is not above a couple of yards from the pubic-house I told a policeman about seeing the men, on the same night, about live minutes afterwards—he was right opposite, standing by the Red Lion public-house—he could not have seen what I did—the men were down the street, with a bundle, when the policemen took them—they were taken into custody the same night.

MR. DICKIE. Q. Were you able to tell the policeman their names? A. I did not know Dummy's name or the prisoner's—they were taken after the goods were removed.

JAMES LANGLEY (Policeman, P 343). I took Lester, Hill, and Briggs, in custody on Sunday night, 28th July—I took two of them in Red Lion-row, in a place where they dry fish, and afterwards took Brett out of a lodging-house at Walworth—they have all been convicted at Guildford—I have been in search of the prisoner for a fortnight and three days—I could not find him—I understood he was away—I got a description of him from the last witness

The prisoner's statement before the Magistrate was here read as follows:—"I have nothing to say. I have been home every night these three weeks; the constable Kemp has seen me every night."

COURT to JOSEPH KEMP. Q. Is that so? A. Not every night, only the night before I took him.

MR. PATER. Q. Did the prisoner name to you the day he took the coat out of pawn? A. No.

JOHN DOWER . (Examined by Mr. Pater). I believe this coat has been in pawn with us—it was pledged on 28th July, I do not know by whom—I have the tickets—it was taken out on 26th August—I don't know by whom—the policeman came and gave us the date it was pledged, and the date it was taken out, and the name, and we found the tickets to correspond—I don't identify the coat positively, I only know that a coat was taken in and taken out corresponding with those dates—our house is two doors from the corner of Gravel-lane—it is not known as the corner—that would be a sufficient description to lead a person to find it—there is an entrance to the house in Gravel-lane, and through Union-street as well.

COURT. Q. Do you mean there is a direct entrance from Gravel-lane into your house? A. Yes; we have two entrances, one in Gravel-lane, and one in Union-street.

MR. DICKIE. Q. Do you take in pledges at the entrance in Gravel-lane? A. Yes.

NOT GUILTY .

Reference Number: t18620922-1026

1026. ANN REYNOLDS (26), and MARY ANN HUMPHREYS (19) , Robbery with violence on Charles Avery, and stealing a watch, his property.

CHARLES PETER AVERY . I live at-9, Holland Cottages, Milbrook-road, Brixton—on the morning of 19th September, between 12 and 1 o'clock, just after midnight, I was walking along the Walworth-road—the two prisoners, accosted me, and requested me to treat them—I said I would not, and they followed me, and intercepted me on the pathway; I still refused and then the elder prisoner said, "You b—, take that," knocking me off the path-way into the road, which is considerably lower—I fell; they both fell on me, and seized me by the throat—I endeavoured to call for the police, but it was

impossible to do so, my throat was so contracted—I can show the marks now—I was there for some little time, struggling violently with them and then they released themselves from me—I got up, and found I had lost my watch; but in about two minutes the elder prisoner was brought back by a constable, with the watch in his possession—this is it (produced)—it is a family relic, and valuable to me on that account—I had a guard to it; the swivel was broken.

ALEXANDER BURNETT . I live at 20, Charles-street, New Kent-road, and am a pistol-maker in the employ of the London Armoury Company—a the morning of 19th September, I was near the end of the Walworth road, returning home, at about twenty minutes or a quarter to 1 o'clock—just as I turned by the Rockingham Arms, I saw a disturbance, and went to see what it was—I heard that a gentleman had been robbed—I lighted the constable's lantern for him, and when the light was turned on, I saw the watch lying in the gutter—he had Reynolds in custody at the time.

PETER ADAMS (Policeman P 146). I was on duty, on the morning of the 19th, in this neighbourhood, and received some information respecting the robbery from a young man—I don't know who it was—I saw Reynolds running along the New Kent-road—I went after her and stopped her—I immediately heard something drop; I tried to turn on my lantern, but it was gone out—I sent the last witness to get a light, and we found the watch just on the spot where I heard something drop, and in the morning I picked up part of the glass, which was broken—when the last witness went for the light, Reynolds requested me to take her to the station at once—I said I should wait to see what she had dropped—she said she had dropped nothing.

HENRY HACKETT (Policeman, M 176). I was on duty near the New Kent-road on morning of 19th—I saw a crowd round the last witness—in consequence of information, I went to the New Kent-road, and found Humphreys—I told her I wanted her for being concerned with another in robbing a gentleman of his watch—she said, "I did not rob him; it was a young woman with a light bonnet and dark shawl knocked the old man down, and told me to give it to Jenny; I gave it to her; she said, 'That is not Jenny, you fool' "—I then took her to the station.

Humphrey's Defence. I did not rob the gentleman. I saw a crowd, and went over to see what was the matter. I saw a young woman stopping over him, and she gave me the watch, and said, "Give it to Jenny, and I put it in her hands, and never touched the gentleman."

CHARLES AVERY (re-examined)It was Reynolds knocked me off the kerb—the other one took part—I recollect her by her having a pork-pie hat—I have no hesitation in saying it was her—I saw them again two or three minutes afterwards in custody—they were only out of my sight a very little time.

GUILTY .

Reynolds was further charged with having been before convicted of felony, on 20th January, 1862, at St. Mary's, Newington, when she was sentenced to Three Months imprisonment; to which she

PLEADED GUILTY>.†— Three Years' Penal Servitude.

HUMPHREY— Confined Six Months.

>ADJOURNED TO MONDAY, OCTOBER 27TH.


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