CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 15TH, 1862.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 15th, 1862, and following days.
BEFORE the Right Hon. WILLIAM ANDERSON ROSE, M.P., Lord Mayor of the City of London; Sir Samuel Martin, Knt., one of the Barons of Her Majesty's Court of Exchequer; William Taylor Copeland, Esq., M.P.; Sir John Musgrove, Bart.; Thomas Quested Finnis, Esq.; Alder-men of the said City; Russell Gurney, Esq. Q.C., Recorder of the said City; William Lawrence, Esq.; William Ferneley Allen, Esq.; Edward Conder, Esq.; James Abbiss, Esq.; Thomas Dakin, 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; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City and Judges of the Central Criminal Court.
JAMES CLARKE LAWRENCE, Esq. Alderman.
FREDERICK FARRAR, Esq.
JOHN MACKRELL, Esq.
CENTRAL CRIMINAL COURT.
ROSE, MAYOR SECOND 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, December 15th, 1862.
PRESENT—The Right Hon. the LORD MAYOR, M.P.; Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. ALLEN; Mr. Ald. DAKIN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. ORRIDGE conducted the Prosecution.
JOHN PAGE . I am an engraver, at 3, Saville-row, Mile End—on the night of 30th October, I went to bed between a quarter to 11 and 11 o'clock—I fastened up the house thoroughly before I went to bed—I left everything safe—about a quarter to 2 o'clock I was aroused by the policeman springing a rattle in my house—I immediately got up, pulled up the blind, and discovered the policeman in the yard, with his bull's-eye—in consequence of what he said I went downstairs—I found a bundle of clothes packed up ready to be taken away—all my clothes and my wife's were taken out of my bedroom—I had heard no noise before the policeman called me—I also lost a purse, containing a half-sovereign and two half-crowns, from my desk in the counting-house—I found the kitchen window open, and a policeman inside—the glass had been opened by a knife; and the hasp knocked back—no glass was taken out—I found a knife in the yard—I missed a coat, waistcoat, and a stick, altogether about 8l. worth of things—I afterwards saw the policeman produce a gown, a stick, a pair of boots, and a coat—they were my property—the coat was taken from the hall—the prisoner was wearing that coat, and under that, one of my son's tunics; under that, one of my waistcoats, under that, one of my boy's jackets, and a blue and white scarf, and the policeman also found one of my wife's petticoats on him—he was in the policeman's custody in the next garden—I had never seen him before—alt the things were safe in my house when I went to bed.
1 o'clock, I was going home from work—I had to pass at the back of Saville-row, where there is no thoroughfare—I saw the prisoner, and a tall man, about five feet nine and a half to ten inches high—I asked them what they did there—the tall man answered and said, "All right, mate; it is only one of my mates got a girl down here"—I said, "That won't do for me; I can see something different to that;" because I saw the two, the prisoner in front of the other, so there was no girl—I said, "You had better say what it is; it is something wrong; get away from here"—he said, "Well, all right, mate; it don't concern you in any way; it is only my mate got a girl"—with that the tall one held up a stick; I supposed he was going to hit me, and said, "Well, if it is only that, it don't concern me; stop here as long as you like"—I walked towards the top of the hill, till I got into the Mile End-road—I then turned round and said, "The pair of you had better stop till a constable comes; if you offer to go away I will call police, and follow you wherever you go"—the tall man said, "All right, mate; we will stop"—the prisoner kept saying to the other, "Come away; don't stop here;" trying to get the other one away—I stood before them till I heard a policeman a short distance off—I then called out police, finding they were getting very fidgetty; as the policeman came towards me, I took two steps towards him, and they directly ran away—I ran after them, calling, "Stop thief!" and the policeman sprang his rattle—the other man gut away, but I saw the prisoner stopped by the policeman—I never lost sight of him.
WILLIAM BAGWELL (Policeman, K 338). I was on duty in Canal-road, on the night in question, about half-past 1 o'clock—I heard the words, "Run, run"—I saw two men running, a tall man and the prisoner—by the time they were opposite me I heard a rattle sprung—the tall man was too far from me—I took the prisoner—the last witness came up and gave me information—I took him to the back of the houses, and examined the houses—I found the window of the prosecutor's house raised up—I examined it, and found a piece of wood fresh broken off—I called the prosecutor up, and went into the house, and in the bottom room, under the stairs, I found a great heap of clothes ready to take away—on the corner of the table I found this piece of wax taper—it had been lighted, and burnt down—the prosecutor identified a coat which the prisoner had on, and also the other things—this knife was given to me—it corresponded with marks on the window—I asked the prisoner at the station where he got this coat—he said he bought it in Petticoat-lane for 10s.—the prosecutor said 15s. was stolen—the prisoner said, "You old liar; it was only 9 1/2 d."
Prisoner's Defence. A man asked me to carry the things, and said he would give me a shilling; as it was a cold night he told me to put the coat on—we met the policeman, and the man said, "If you don't want to be taken up, you had better run;" he set off running, and I followed him; he got off, and the policeman tock me.
GUILTY .*†— Four Years' Penal Servitude.
There was another indictment against the prisoner.
MR. DICKIE conducted the Prosecution.
MARY ANN BROWN . I am the wife of Robert Brown, a shoemaker, of 31, Old Pye-street, Westminster—on 7th November, between 7 and 8 at night, I was in Downey's public-house in Westminster—my husband was with me
—he was sitting a little distance from me—there were about a dozen men standing before the bar—I saw the two prisoners there—I had some ale to drink—as I was about to leave the house, I was thrown down by Knowles; I think it was by his feet; I was tripped up just inside the door and I felt somebody holding me hard between the shoulders and elbows, and I felt a hand on the back of my head, while Knowles held me by the wrist with one hand, and wrenched my right hand open with the other, and 23s. was taken from it—I halloed to my husband, "Robert; I am robbed"—Knowles ran away, and as I got from the floor, Brown pushed me against the door, and took a great piece of skin off my arm—I did not see the landlord while I was in the house—Knowles was brought back to me about a quarter or twenty minutes afterwards, by Mr. Downey, the landlord—I struck him in the face and said, "You villain; you robbed me"—he struck me again, and I called for the police—Mr. Downey offered my husband 12s. or 13s. to say no more about the matter—Knowles was not present then—he had got away a second time—I saw him again on the Friday previous to his being apprehended on the Saturday—that was a fortnight or three weeks afterwards—I went up to him and said, "I have been looking for you young man, for some time"—he said, "Me, ma'am"—I said, "Yes"—he said, "You don't know me, ma'am"—I said, "I do; you are the villain that robbed me at Downey's, three weeks ago"—he said, "You make a mistake; I have just come from the country"—I called for the police, and he ran away again—I was sober on the night in question—I had only one glass of beer—I was in an excited state, so much so that I did not know what I was doing for some time after—I heard some of the money fall on the floor after Knowles had attacked me.
COURT. Q. This happened in a room where there were a dozen men? A. Yes; none of them interfered—I think they were pretty much one sort of people—I am sure Brown held me by the arms when Knowles tripped me up—I believe he is the man—it was done all in a moment—Knowles ran out at the time I got up; and as I was trying to get out, Brown tried to get out before me, and in doing so, pushed me against the door—he got outside—I don't know what became of him—I can't say whether anybody else went out at the time.
ROBERT BROWN . I am the husband of the last witness—on 7th November, about 7 o'clock, I was in Downey's public-house with my wife—I saw Knowles there—I was sitting down—my wife was going out at the door—there were some persons sitting between me and her, which prevented my seeing her—I did not know of any scuffle taking place with my wife till she called to me—I heard her call out, "Robert, I am robbed"—I made to the door as well as I could—I had to go through some persons—I saw Knowles running away when I got outside—I saw him brought back by Mr. Downey—he told me to bide quiet, and he would get me the money—I did not see Brown there at all—Downey said he would give me thirteen shillings for the money that was lost—I would not take it—my wife came up at the time, and she struck Knowles, and he ran away—I was sober, and so was my wife.
KNOWLES. Q. Do you say you saw me in this public-house on the night the robbery was done? A. Yes; I did not see you knock my wife down—I was seven or eight yards from her—I had been in the public-house, I dare say, about twenty minutes—during that time I had two pots of old ale—I had no liquor.
Three Elms public-house, in Ann-street, Westminster—on 7th November, about 7 o'clock, I saw the prosecutrix in oar house—she said she had dropped some money—I heard some money fell—the words she used were, "I have dropped some money; did you see the party that sat next to me?"—she went out—there were about eight persons in the house—she said nothing to me about two men—I am certain of that.
COURT. Q. Were the two prisoners there? A. I could not be certain at the police-court—I believe they were not there—neither of them.
Knowles. Q. How long had this woman and her husband been in the house? A. Some hours—about three hours, I should think—they ordered five pots of old ale, and half a pint of rum—I was in the bar the whole of the time—I never heard the woman say she had been robbed—I did not see her knocked down—if she had been, I must have seen it, and should most certainly have interfered, for my own benefit—I did not bear or see it—I do not remember seeing you at the public-house—you may have been—I had never seen the prosecutor and his wife before—they were not sober—I should think they were almost intoxicated—my husband was out the whole of the time—he did not bring you back—you did not come back—I don't remember seeing you—I did not hear my husband offer thirteen shillings to anybody.
MARY ANN BROWN (re-examined.) When Knowles was brought back, it was not in the public-house—it was about half-way from Peter-street to Downey's, in St. Ann-street—Mrs. Downey told me to keep quiet in the house, and I should get my money back—she keeps a house for thieves, and nothing else—a man was robbed of a pound of tobacco in their house, and Mr. Downey paid for that.
AUSTIN PORTER (Policeman, B 74). On November 7th, I was near Downey's house—I saw the two prisoners there, and Mrs. Brown also, about half-past 6 in the evening—I knew them before—there were eight or ten persons in the house when I looked in—I heard of this robbery about 9 o'clock, from a sergeant.
Brown. Q. What made you look in the house and notice us? A. Because robberies very often occur there—it is a noted house for thieves—I generally look in there on going round my beat; I have orders to do so—I have never said I would do something to you if I got the chance—I never spoke to you since you came out of prison.
Knowles. Q. I believe when the charge was being booked at the station, you were standing by? A. I came in while you were there—I asked you what you were there for, and you told me—I did not state then that I had seen you at Downey's at half-past 6 on this evening.
COURT. Q. At what time were they in custody? A. About a fortnight after the robbery.
JURY. Q. Did you see Mr. Brown that night? A. No; I saw Mrs. Brown—she appeared to be sober.
WILLIAM BRADLST (Police-sergeant, B 16). On 7th November, I saw the prosecutrix—she was sober, but excited on account of the loss she had sustained—I saw her at 31, Old Pye-steet, about a hundred yards from Downey's, about half-past 9 o'clock—she complained of the robbery—I apprehended the prisoner Brown on the charge of assault—he said I had got the wrong address this time.
JOHN FEAVER (Policeman, A 255). I apprehended Knowles a fortnight after the robbery—Brown and another person were with him—I took Knowles a few yards, and Brown and another man immediately attacked me—Brown struck me a violent blow on the aide of the head, and knocked my hat into the road, and said he would knock my b—brains out if I did not let Knowles go—Knowles resisted very much at the time—with the assistance of several bystanders I secured him, and took him to the station—another constable took Brown in the street—I pointed him out as having violently assaulted me.
Brown. Q. What did you do to me? A. Laid hold of you by the collar to make sure of you—you were not on the ground—I told you if you misted I should use my truncheon—I did not knock you down, or say I would knock your b—brains out—I did not put the prosecutrix up to making this charge against you.
Knowles. Q. Did you not knock me down? A. No; Mrs. Brown did not say she did not charge the prisoner Brown with anything—she said she would charge him with holding her down while you robbed her, and I said I would charge him as well with assaulting me, and attempting to rescue you.
EDWARD FRANCIS DOWNEY (examined by Knowles). I did not bring Knowles back to the prosecutrix, nor did I offer her 12s. or 13s.—I was out on 7th November—I did not see him at all that day—I never saw the prosecutrix till between 8 and 9 that evening, at my bar—I had been out, and came home at that time—I should say she was a little the worse for liquor—she came in about ten minutes after I got home—she was in a very excited state.
COURT. Q. Did she make any complaint to you? A. She asked me if I should know the man who had taken her money—I said, "No, my dear woman, I should not, for I was not here when the transaction took place"—she did not say she had been robbed of it; she said she had dropped it, and some one had picked it up—the did not complain of any violence having been used—her husband was not there at that time—I did not see him that evening—I had been out since 2 o'clock in the afternoon—I returned between 7 and 8—it was between 8 and 9 when I saw the prosecutrix—I did not take particular notice of the time—I came straight home from the City—I was not alone; a young man, not here, was with me—it was not Knowles—I had been to pay my licence—I had seen the prisoner before—I did not offer Mrs. Brown 13s. if she would make no further complaint; nor any money at all, nor her husband—I never saw her husband—I did not see Knowles at all that night—it is not true that I brought him back to Mrs. Brown, and that she struck him in the face, and said, "You villain, you robbed me," nor did he run away—it is all untrue.
MR. DICKIE. Q. Do you know, from any of the others in the house, that any money was found? A. I heard that a shilling was dropped, and picked up and given back to the prosecutrix; I did not see it—I was told that when I came home, before she came back—I heard that she had dropped six or seven shillings, and a shilling was picked up and returned to her—when she came in, she asked, did I know the man that picked up her money—I did not tell her I had heard that some one had picked up a shilling and given it to her.
Knowles' Defence. This woman had seven or eight shillings in her hand; she dropped it on the floor. There were ten or twelve men there. A man picked up a shilling and give it to her. She ran to the bar, and said to
the landlady, "Would you know the man that robbed me?" She said, "No; I saw nobody rob you." She said, "You know the man that ran out?" She said she saw no man run out. A woman named Ellen Lucas was there at the time, and saw her drop the money, and saw the man pick it up. I know no more about the woman's money than the child unborn, I was not in the house the night it was done.
PLEADED GUILTY.**— Ten Years' Penal Servitude.
KNOWLES.†— Four Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
THOMAS TILLMAN . I am a tailor, at 6, Catherine-street, Stepney—on Wednesday, 12th November, I was at the York Minster public-house, before 8 o'clock in the evening—I had some refreshment there—after leaving there I proceeded on my way home, through Philpot-street—when I got a little way up Philpot-street I received a blow on my hat—I was then seized round the neck by somebody; I don't know who it was—I then felt a pull at my watch-chain—I found it gone—I turned round, and saw the watch in Buckley's hands—I am sure he is the man—I saw him distinctly—they all ran away—I saw Buckley again the same night, when he was taken up to the Thames police-court—he was with Mason, in custody—I recognised him again at once, and I am sure he is the man—I received no injury to hurt me—I was alarmed, and returned to the York Minster—whilst there police-constable Venables came to me, and I went with him towards Arbour-square station, when we met the two witnesses, Wilks and Stout—from what they said, I went back to the York Minster, and there I saw Mason playing at billiards or bagatelle, and gave him in charge—I went next morning to the York Minster with Legg, and saw a woman—in consequence of what she said, I went to the Bedford Arms—she said she was Buckley's wife—I was there introduced to some stranger, and afterwards went to 46, Baker-street, Stepney—that was Percival's house, so I was told—he said himself it was his house—at the Bedford Arms he said, "Come to my house and wait till the man Walter comes back with the watch"—I waited in the house about an hour and a half—the watch was then brought back by a man they called "Walter"—it was shown to me, and a woman, a stranger to me, who was down iu the kitchen, asked me to give them a sovereign for it, which I would not do—I did not get it—it was taken away again—they did not give it into my hand at all—I am sure it was my watch—I then left the house, and went to the Thames police-court.
Cross-examined by MR. TAYLOR (for Buckley). Q. You have known Buckley for some time, have you not? A. I have seen him—I do not know that the woman I saw was not Buckley's wife—I had never seen his wife—I have not since said that I knew it was not his wife, or any person living with him—I have been told it was not his wife—I don't know—another woman represented herself to be Buckley's wife—that was the day after Buckley was taken in custody—the watch was shown to me in the kitchen of the house, 46, Baker-street—there were three women there altogether—I did not know any woman at 46, Baker-street—I have never spent a night there—I went there on that day, not with a woman—I have not
said, since this matter was before the police-court, that I went there with a woman on that night—I was not drunk on the night this occurred at the York Minster—I will swear it—I was perfectly sober—I had a friend with me named Robert Wilford—I had a slight quarrel with him, a few words—I had been in the house five or six hours—this occurred about 8 in the evening, I believe—I went there about half-past 2 in the day, with Wilford—I had not had a good deal to drink during that time—I had had some cooper—I dare say ten or twelve pots came in—I was perfectly sober—cooper is a mixture of stout and porter—we quarrelled about paying for the last—Wilford did not say, to my knowledge, to Buckley, "Tom," meaning me, "has got a shilling to pay, and he won't pay"—Buckley was in the bagatelle-room—I did not hear Wilford appeal to him about my not paying for the cooper—I did not hear him say anything about it—nothing took place between me and Buckley about it at all—Buckley did not say I ought to pay for it, and it was a shame I did not—I had a wet cloth thrown at me, but who threw it I don't know—I became very angry about that, and I went out of the house—I saw a good many men follow me—I believe Wilford and Buckley were two of them—there were some eight or ten—when I got outside, Wilford did not come and catch roe round the waist, to my knowledge—Wilford was not the only man that touched me—I don't know who touched me—I don't know whether it was Wilford—he was not close to me when I came out, to my knowledge—he came out with a lot more—he was a few yards behind me—he was not the nearest man to me, I don't know who was—I saw ten or twelve men follow me; who they were I don't know—Wilford did not catch me round the waist and say he would make me pay this shilling—he said, in the room, that I had lost a shilling.
Cross-examined by MR. KEMP (for Mason). Q. You say some one caught You round the waist; was it the waist or neck? A. Round my neck, I believe—I did not see who that was—I saw Mason there—I did not see him in the road—he was not in front of me—if he had been, I must have seen him—there were about fourteen people in the room, I should think—they followed me out—there were about twelve when I was seized round the neck—I turned round to see who it was—I could not say whether it was Mason—I did not see him there.
MR. COOPER. Q. You say you had two or three pots of cooper; who was that drunk by? A. The fourteen people in the room—it passed all round—ten or twelve pots came in amongst the lot.
HENRY ARTHUR LEGG . I am a ship-steward, and live at 6, Sydney-square, Stepney—on the night of 12th November, I was with the prosecutor in the York Minster—I remember his leaving there—I left immediately after—I saw him stopped in Philpot-street by his friend Wilford, who asked him to come back to the York Minster and pay for two pots of beer—he refused, and said he did not owe it—I then saw somebody's arms round his neck; whose they were I cannot say, and then saw his watch snapped by the prisoner Percival, who passed it to Buckley, and Buckley to another man—I saw that distinctly—I am most sure Percival is the man—I did not see his face distinctly, because his back wan to me—the prosecutor's face was towards me, and Percival's back was towards me, and his face was from me, so I could not see his face distinctly—I only saw his back.
Cross-examined by MR. RIBTON, with MR. ORRIDGE (for Percival). Q. Were you in the public-house drinking with them? A. I was—I saw most part of the cooper consumed; I should say about eight pots, while I was there—I did not go in at the time the prosecutor did—it was a bet of two
Shillings that remained unpaid—it was four-hand bagatelle—the opponents to the prosecutor and Wilford lost the bet—one of his opponents paid the prosecutor two shillings, and the other did not pay Wilford the two shillings,—Wilford did not have the the two shillings, and the prosecutor did, and a man who is not apprehended, but who I have heard called "Kingey," wanted the prosecutor to spend the two shillings in drink—I can't say whether he went out after the prosecutor, there were so many in the house, and so many went out—I heard the demand made that he should spend the two shillings in drink from the time I went into the house, and they continued disputing about it till the prosecutor went out, and a good many went out with him—Kingey did go out with the rest, but whether Percival did or not, I cannot say—it was about two minutes after they had gone out that I saw the watch snatched from the prosecutor by somebody—I saw Percival's back only—I did not see his face distinctly—I have not the slightest doubt it was snatched by somebody—I have sworn at the police-court it was Percival—I swear by his stature only, not by his face.
COURT. Q. Considering the imperfect opportunities you had, are you or not certain he is the man? A. I am almost certain he is the man.
MR. RIBTON. Q. You tell us fairly you did not see his face? A. Not distinctly—I judge more by his stature than his face—I had no opportunity whatever to swear to him, because I did not see him distinctly before the robbery—I would almost swear to him—I should not be doing my duty to God if I was to say positively—I don't know what became of the watch—the man who wanted him to spend the money has never been back to the public-house since, nor have I seen him since.
Cross-examined by MR. TAYLOR. Q. Did not Wilford, the moment they came out of the public-house, run and seize the prosecutor round the waist, and say, "You shall pay that money"? A. I can't say whether he seized him round the waist; I believe he put his hands on him, and said, "You had better come back and pay for the two pots of beer you have lost;" and he refused to do so—I could not distinctly see what happened—there were from sixteen to twenty persons there.
Cross-examined by MR. KEMP. Q. How far were you from the prosecutor at the time he lost his watch? A. About two or three yards—I saw a man take him round the waist—I don't believe that was Mason; if it had been, I believe I must have seen him, because he was so near to me during the transaction—there were two or three persons between me and the prosecutor.
MR. COOPER. Q. Did you see Percival in the billiard-room? A. Yes; during the evening—he was not there when I pursued the prosecutor, neither did he go out at the door at the time I did; if he had I must have seen him, for I was behind the rest of the parties, and distinctly saw who did leave—I can't say whether he had left before me.
WALTER WILKS . I am a gun-barrel borer, and live at 12, Eastmountterrace, Stepney—on the night of 12th November, about 8 o'clock, I was proceeding through Philpot-street—I saw several persons come out of the York Minster public-house—I ran to see what was the matter—they were all coming out of Philpot-street—I saw a good many there, and I saw Mason with his arms round the prosecutor's waist, and no sooner did he let go, than I heard the prosecutor say, "Bob, I have lost my watch, so help me God, all through you"—I had seen Mason before, and am quite sure he is the person.
Cross-examined by MR. KEMP. Q. How far were you from the prosecutor? A. About two yards—there were a number of persons, but I don't know who
they were—I was about two yards from Mason—the prosecutor's back was towards me—I could not see Mason's face then—I saw him when I got to the tide of him, with his arms round the prosecutor's waist—I will swear it was Mason—I swore so at the Thames Police-court—I have never declined to swear it was Mason—I saw the prosecutor turn round and look at him after he let go of him—I did not see Legg; I saw no more than Buckley and Mason—I saw Wilford—it was not Wilford that put his arms round the prosecutor—I won't swear it, but I don't think it was—I only saw one person do so; that was Mason—I am quite sure it was not Wilford—I heard Wilford say to the prosecutor, "Come back and pay for the two pots of beer"—he did not put his arms on the prosecutor, or touch him at all; he was away when they were all wrestling together, when Mason had his arms round the prosecutor's waist—I did not see Legg there at all; if he had been there I must have seen him.
Cross-examined by MR. TAYLOR. Q. Did you see the prosecutor come out of the house? A. I saw him in the middle of Philpot-street—I don't think he seemed to be very drunk—they were all larking or pretending to lark—I am not sure whether the prosecutor was drunk or sober.
Cross-examined by MR. ORRIDGE. Q. You did not see Percival there at all? A. No.
MR. COOPER. Q. You were only looking on, I suppose? A. Yes—I saw the constable Venables, and told him, and he went into the York Minster—I had never seen Legg before—I can't speak to every one that was there—I swear positively that Legg was not there—I did not see him there—I don't know whether he was there or no; if he had been there I must have seen him—I was looking at the prosecutor.
CHARLBS STOUT . I live at 7, Middle Storer-street, Stepney, and am in the service of Mr. Reynolds, inspector of weights—on 12th November, about 8 at night, I was going through Philpot-street, and saw a good many persons come out of the York Minster—I ran up and saw Mason standing in front of the prosecutor, and Buckley behind Mason—they hustled about, and I heard the prosecutor say that his watch was gone—I saw a man run away with a light coat on; I don't know who he was—I knew Mason and Buckley before by sight.
Cross-examined by MR. KEMP. Q. How far were you from the prosecutor? A. Four yards—I was near the other little boy Wilks; we were not together, he ran before me—I was at the side of the prosecutor—I did not see a man take him round the waist—I did not see him before he cried out that his watch was gone; I had just got up when I heard him say that—Mason was in front of him, as if he was speaking to him, not a yard from him—I saw Wilford and Legg there—I did not see Mason close to Legg—as near as I could judge, there were about sixteen persons there—there was no one between me and the prosecutor, or between me and Mason; the people were in front of him, not at the side—Wilford was about three yards from the prosecutor—he had his hat on.
JAMES BRIDEN (Police-sergeant, K 4). On 12th November, about 9 o'clock, I met Buckley in Storer-street, Stepney, in company with another young man—I said, "Hallo, Ben, you are wanted at the station for being concerned with Long Charley (that is Mason) in stealing a watch—he said, "I know nothing about it; where did it take place?"—I said, "In Philpot-street, near the York Minster; you had better go to the station-house with me"—in going along he said he was there at a row, or disturbance, but he knew nothing of the robbery—the prosecutor was at the station when we
got there, and on seeing Buckley, he said, "That is the man that had my watch."
THOMAS VENABLES (Policeman, K 141). On the night of 12th November, about 8 o'clock, in consequence of information, I went to the York Minster—I saw the prosecutor there—I went with him into the billiard-room, where Mason was, and he was given into my charge—he goes by the nickname of Long Charley—I told him he was charged, with others with robbing the prosecutor of his watch—a man who was there said, "So help me God, he never went out of the house at all"—Mason said, "I was outside there, but I know nothing of it"—I saw Buckley that night, within three or four minutes of the robbery being committed, coming from that direction, I believe, in company with Percival.
Cross-examined by MR. ORRIDGE. Q. Is not this the first time you have said anything about Percival? A. Yes—he was not apprehended at the time—I said at the police-court that I saw a man who I believed was Percival—I swear positively to Buckley, and the other man answered the description of Percival, but I would not swear he was the man, although I believe it.
GEORGE PULLEN (Police-sergeant, K 10). On Wednesday, 9th November, about 2 in the morning, I apprehended Percival at 39, Baker-street Stepney—he was in bed—I diet not know him, only by the description I had received—I said to him, "Joe Percival, get up"—he rote up in bed—I said, "Joe, dress yourself"—he said, "So help me God, I know nothing at all about it"—I had said nothing whatever to him before that respecting the robbery—I said, "What about, Joe?"—he made no answer—I then said to him, "Percival, I want you for being concerned with Mason and, Buckley in stealing a watch, in Philpot-street"—he said, "I know Mason, but I don't know Buckley."
MR. ORRIDGE to THOMAS TILLMAN. Q. Have you not said that you have since seen a man so like Percival, that if he had not been in custody you would have thought he was the man? A. I have seen a man very much like him.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
WILLIAM ATTWOOD . I am a carman, at 16, Agnew-street, Bethnal-green—I work for Mr. Freund, an ironmonger, of 86, Church-street—on Monday, 17th November, about 8 o'clock, I closed the gates, and fastened them in the ordinary way with two locks—I saw a large quantity of boxes of tin on the premises—they were marked, "Best charcoal; one cross; W—Llandore," on the side—I have looked at some boxes produced here, and they are marked in the same way—they were also marked with a sledge hammer.
Cross-examined by MR. SLEIGH (with MR. POLAND). Q. Is that the ordinary mark upon tin? A. Yes—there is nothing particular about the mark—it only indicates the quality—it is done by a brand.
JOSEPH COLE . I am warehouseman to Mr. Freund—on the morning of 18th November, from 25 minutes to half-past 7, I went to the warehouse—I tried the gates in the usual way, and found them open—the two locks to the little wicket-gate were off, and the warehouse door forced open—I missed twenty boxes of tin—I have looked at this produced by the police
—to the best of my judgment, they are some of the missing boxes—I find the same marks on them.
Cross-examined. Q. I believe you missed eleven boxes first, and nine afterwards? A. Yes; eleven were missing from one place, and nine from another—there are no initials on the boxes indicating whose property they are.
HENRY FREUND . I am an ironmonger—I have a warehouse at 6, Fuller-street, Bethnal-green—on the morning of 18th November, my attention was called to the warehouse having been broken into, and twenty boxes of tin missing—I should say the boxes produced are mine—there is no private mark upon them—the marks correspond with those I lost—we only missed eleven boxes at first; we afterwards missed nine from another pile—the boxes have not been opened—there are 112 sheets of tin in each box—the weight is 1 cwt. and 1 qr.—they are perfectly new—on discovering my loss, I sent my foreman to inform the police, and sent a shopman round to some of the dealers and consumer—I myself went down to the prisoner's, he sting a neighbour of mine—he is a tin-plate worker, and employs men to work under him—he works up such plates as these—I told him I had come to inform him that my warehouse had been broken open in the night, and that I had lost eleven boxes of tin-plate, Llandore, 20 by 14, one cross—I told him I thought it was very likely he might have them offered to him for sale, and asked if they were offered to him, whether he would gain all the information he could respeeting them, and let me know—he said he would—this was about 9 o'clock—he did not say a word to me about having received any tin-plate of any kind—in consequence of information, I went again the same afternoon, About 4 o'clock, with the constable Deeble—I waited outside while Deeble went in—after he had been in about ten minutes, he came to the door and beckoned to me to come to him—he told me to fetch Inspector Broad—I went and fetched him—Broad went in and left me outside—in about ten minutes Deeble brought the prisoner out and I went into the house—Broad got some tin-plates out of a hole, and asked if they were my property—I said, "No, they are not the size"—he then got some out of a corner of the shop, and said, "Are these yours?"—I said, "These are the size and sort; I cannot swear they are my property"—he said, "But Mr. Quail says they are yours"—Quail was not there then—I saw some there which resembled mine—they afterwards took me into a back warehouse, and there I saw ten boxes, two of which are here—they were standing in the warehouse with the marks turned to the wall—this is one of the sheets of tin (produced)—each box cost me 30s.
Cross-examined. Q. I believe the prisoner was in a very excited and agitated state? A. He was.
JOSEPH DEEBLE (Policeman, K 195). On 18th November, about 9 in the morning, I went to the prosecutor's warehouse; and in the afternoon, about 4, from information I had received, I went with him to the prisoner's place—I left the prosecutor outside—I saw the prisoner—I said, "Good afternoon, Mr. Quail"—he said, "Good afternoon"—I said, "You know I belong to the police; Mr. Freund was robbed this morning of a large quantity of tin, and he came and spoke to you about it; I want to know from you, for a fact, whether you did receive any tin this morning or not"—he said, "No, I have not"—I said, "Well, from the information I have received, I believe you have"—he again said he had not—I then said, "I can tell you more; it was brought to your house this morning, about 6 o'olock, in two carts; they knocked at the door, and you came down and opened the door, and took
it in"—I then said, "Come with me at the back"—he said, "It is no use for me denying it any longer; I did receive eleven boxes"—I said, "No, Mr. Quail, it was twenty boxes"—he said, "You are right, it was; I was tempted to do it, or else I should not have done it, but I ought to have known better than to receive my neighbour's property"—he said he had not paid for it, and that he was going to give 10s. per box—I saw some boxes in the warehouse—I pointed to them, and said, "They are not all the boxes"—he said, "No, those are ten of the boxes, and the other ten I have broken up"—he said the other ten contained tin, and he showed us where the tin was—I found ten boxes, and the remainder was loose tin—the ten boxes I speak of had tin in them, and I found loose tin besides—there were very nearly twenty boxes altogether I believe—I said I was given to understand that it was his pony and cart that the goods came in—he made no answer—he has a pony and cart; I saw it on the premises when I west there—I have since shown it to the witnesses Bailey, Dalton, and Wren—he said some time afterwards at the station, "Well, really, if I had known they were stolen property, I would not have kept them in my house two minutes"—I asked him for the names and addresses of the persons of whom he took the tin—he said he did not know where they lived—I asked him whether he had an invoice—he said he had not—I asked him whether he had an entry in his books—he said he had no entry at all.
Cross-examined. Q. Was the prisoner examined before the Magistrate the day he was taken in custody? A. The next day—I was examined on that occasion—I gave evidence then, merely enough for a remand, and it was taken in full some days afterwards—Mr. Freund only missed eleven boxes first of all, till he took stock, and then he found it was twenty—the prisoner said his bell was rung at 6 in the morning by the persons who brought the tin—he told me it was not his pony and cart that it was brought in—he said a man called in two or three days before, and asked him to buy some tin—he did not tell me that he represented himself as a tradesman who was obliged to raise money for a special purpose, and that he wanted to sell some tin; I thought he said a traveller—he said a traveller called to see him respecting some tin, and said he would sell him some cheap—he did not tell me that the man said he was in want of money, and had to make up an amount; I don't remember his saying so; he said the man called two or three times, and on the last occasion arranged that he would bring it to him on the Tuesday, in the morning—he told me on the following day that he was surprised when he heard his bell rung at that hour in the morning, and the tin being brought at that hour—he also said he was going to pay for it that evening—he never said anything about the invoice—he said the men were to come in the evening, and he was to pay for it—he gave me a description of some person who he said was the man with whom he had been dealing—he has been on bail ever since—he came to the station with his solicitor, and told the inspector he was willing to go with us anywhere—that was after he was out on bail—to the best of my recollection what he said about not knowing it was stolen property, was this, "If I had known it was stolen property, Mr. Deeble, I would not have allowed it to be in my house"—I have since been told that it was not the prisoner's horse and cart that conveyed the tin—I have seen his horse and cart, and the witnesses have all seen it, some say it was his cart, and some say it was not.
WILLIAM BAILEY . I am a labourer, and live at 5, Fuller-street, close to Mr. Freund's—on the morning of the 18th, about five minutes past 6, I was passing his premises, and saw a pony and cart standing outside the gate in
the road—I saw three men there, two at the cart and one just against the door; they seemed to me to be putting something into the cart, but I did not notice what it was—it was not light at the time—a pony and cart has since been shown me by the police; it was something like the one I saw standing there.
ARTHUR DALTON . I am a labourer—on the morning of the 18th, about five minutes before 6, I saw a pony and cart standing against Mr. Freund's gate; there was one man in the cart and one against the gate, I did not see what they were doing—they went direct down Fuller-street—I have since been shown a pony and cart by Deeble—that was not the description of pony and cart that I saw at Mr. Freund's—the cart I saw there had got no wings to it, and the one Deeble showed me had wings—I don't know whether they were moveable wings, that was the only difference I saw.
JAMES WREN . I am a plasterer, and live at 36, Hare-street, Bethnal-green—on the morning of the 18th, I saw a pony and cart opposite Quail's shop; I can't say who was with it—there was one party with a hat on rubbing his hands, and another one carrying a box on his back, like that produced, and another man was in the cart—there were three altogether—they were carrying the box across the pavement into Quail's shop—I have since been shown two ponies and carte, but I could not swear to the pony and cart, it being dark, and I being in a hurry.
ANDREW ANDREWS . I was in the employment of Mr. Quail; I am not now—on the Saturday previous to this Tuesday, Mr. Quail told me that he was expecting some staff to be brought in—he said he expected it on the Saturday—he had nine men in his employment at that time, with an apprentice—we were about as busy then as we had been for some time, about three months—on the Saturday I had no stuff to go on with, only some small places, and on the Monday I had none at all—when I went on the Tuesday he called me down and gave me out some stuff—I can't be on my oath that this is the same stuff—it was this sort—it was rather too good for the work I was on—I never opened the shop myself—it was generally opened about 8 either by Mr. Burke or Mr. Quail.
WILLIAM BROAD (Police-inspector, H). On 18th November I was sent for to the prisoner's house—I went into a room at the rear of the shop, and saw the prisoner and Deeble there, and thirteen or fourteen boxes of tin-plate—knowing that twenty boxes had been stolen, I said, "There are not twenty boxes here, we must find the rest"—the prisoner said that he would show me where they were—I went with him into the shop, and he pointed to some plates on the floor, out of the boxes, and said, "There they are, sir"—there were other sheets of tin-plate standing by the side, and I said, "Here is more"—he said, "That is no portion, sir, that is my own," and that was not identified—seventeen boxes and a half have been found out of the twenty; that is two and a half short—I counted the loose plates, and I believe there were 843 sheets—he did not tell me at all where he got it from—I asked him if he had an invoice, or any entry in his book—he said, "No"—I showed him an entry in his book as late back as 16th October—there was no entry later than that date.
Cross-examined. Q. When you asked him about an invoice, did he not say, "I have not got it yet, the man is to come this evening to be paid? A. No; when I asked him for the invoice, his answer was, "I have none"—I believe he did say that the person was coming to be paid that evening, but that was not said on my asking him for the invoice—the conversation lasted a very short time—it was not said to me, but to some one in my hearing
—I can't say that some of the tin had been worked up—I saw the men working open some tin, manufacturing it into vessels.
The prisoner received an excellent character.
GUILTY on second count.—Strongly recommended to mercy by the Jury, on account of his previous good character. — Confined Six Months
NEW COURT.—Monday, December 15th, 1862.
PRESENT—Mr. Ald. FINNIS and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .*— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Twelve Months.
WILLIAMS PLEADED GUILTY — Confined Twelve Months.
MESSRS. CRAWFORD and ROWDEN conducted the Prosecution.
CHRISTIAN RITTER . I am a baker of 6, Park-terrace, Hammersmith—on 20th November, about 7 o'clock in the evening, Williams came and asked for a twopenny loaf and change for a two-shilling piece—he gave me a florin and I gave him 1s. 10d. change—he walked quickly out of the shop, and I then discovered that it was bad—I kept it in my hand, looked in the till, and found another—I saw him join Donovan, who was about thirty yards off, on the other side—they walked together straight down the road towards town, and I followed them and gave them in custody to a constable, who brought them back to my shop fifteen minutes after Williams had bought the loaf—another small loaf was found on Donovan, which I had told to another party about seven minutes before Williams came: that had been paid for with a bad florin, which was in the till—Donovan also had a penny loaf him which did not come from my shop—I marked the florins and gave them both to the constable—these are them (produced)—it was a little cottage loaf which I sold to Williams—it was black, and I had cut a little bit off underneath, by which I know it—I had sold a good many of the same kind that day, to all kinds of people, but when Williams came in, I had only that one left—Donovan was not in the shop—it was a little brick loaf that was found on him—the prisoners walked quickly, and talked as they went on.
GEORGE CROCKETT (Policeman, T 59). Mr. Ritter spoke to me on the the Hammersmith-road, and I followed the prisoners for a quarter of a mile to the night house public-house—they then saw me coming, and walked away as quick as they could—I overtook them in the Broadway, and asked Williams whether he had got a twopenny loaf—he said, "Yes"—I asked him where he got it—from a baker's shop down town—I took them back, and when we got twenty yards further on, Donovan dropped this loaf on the pavement, and it rolled into the road—I asked a boy to pick it up and carry it, and sent to the station for assistance—while I was in the shop Donovan passed a penny from under his coat, on to a little green plate on the counter, with a red book on it—he laid the money on the book—I made inquiries, but could not find out anything about it—Mr. Ritter said that the
tin loaf was the one which he had told to the first man—I took them to the station, and found on Donovan a shilling, twopence, and about two ounces of loose tobacco—on Williams I found a shilling, a sixpence, a fourpenny-piece, and three-halfpence, which Mr. Bitter had given in change—Donovan said that he knew nothing of Williams, except that he asked him the way to Knightsbridge, and had not walked twenty yards with him—I had seen them walk a quarter of a mile together.
Donovan. There was not half an ounce of tobacco found on me. Witness. There were two ounces, you were chewing it.
Donovan's statement before the Magistarate was here read as follows:—"I met two men, and they gave a twopenny loaf. About two minutes afterwards Williams asked me the way to Knightsbridge, and asked me if had seen two men go by. I knew nothing of this man before.
Donovans Defence. I met two very well dressed men, who chucked me a penny loaf. About five minutes afterwards Williams came up and asked me whether I saw them. I said they had gone straight on to Knightsbridge. I was going that way myself, and he walked alongside me.
DONOVAN— NOT GUILTY .
MESSRS. CRAWFORD and ROWAN conducted the Prosecution.
EDMUND TYLER . I am a hosier of 110, High Holborn—on 3d December the prisoners came in, and Hay selected a black the, which came to one shilling—he gave me a bad half-crown—I bent it in a detector, and tried it with lunar caustic—I gave it back to him saying, "This is a bad one"—he looked at it and said, "Yes, it is"—Connor said, "I do not think it is, let me look at it; are you sure it is bad?"—I said, "Yes, I can bend it double if you like"—Hay said, "I have just taken it in change; do not put away the tie, I will go and get the money changed, and come back directly—they went out of the shop together, and never came back, but I saw them pass with two women about ten minutes afterwards—my shop is about two minutes walk from King-street; they went towards King-street.
Cross-examined by MR. PATER. Q. Are you quite sure it was the prisoners you saw pass? A. Yes—I did not speak to them then—I was behind the counter—this was between 6 and 7 in the evening.
GEORGE HENRY HOARE . I am a hosier, of King-street, Holborn—on 3d January, the prisoners came, and I stood by my wife's side while she served them—Hay asked for some paper collars, and bought half a dozen, which came to sixpence—the prisoner put down a half-crown—my wife took it up and said that it was bad—Hays asked for it back to look at it, and then said, "Yes, it is bad"—Connor asked to look at it, and said that he did not think it was bad; he handed it bask to Hay, who said, "Ok, it is bad enough"—I took it from Hay's hand, lit it, and made rather a heavy mark on the head of it, and bent it slightly, to prevent them getting rid of it—I gave it back to Hay, and they paid for the collars with a shilling, and left the shop with the half-crown—they went over the road to the Angel and Trumpet public-house—Connor came out again, and when I got to the door, he was keeping guard outside, pretending to be drunk, but when he saw me he took to his heels, and ran and called to Hay, who came out—Connor ran and
Hay walked at the top of his speed towards Oxford-street—I went across to Mrs. Williams, who gave me a bad half-crown; it was the same one which I had bitten—this is it (produced)—I followed the prisoners; they joined two women, whom I had not seen before, and went into the private box of a public-house.
Cross-examined. Q. What time was it? A. About 7 in the evening—perhaps ten minutes elapsed from the time they entered my shop till they left the public-house—Connor appeared to be drunk in my shop.
MR. CRAWFORD. Q. Did he run like a sober man. A. Perfectly.
MARY ANN WILLIAMS . I keep the Angel and Trumpet, in King-street, Holborn—on 3d December between 7 and 8 in the evening, the prisoners came, and Hay asked for a glass of bitters and a glass of beer, which came to threepence—I waited for the money, and then Hay gave me a half-crown—I gave him a florin and threepence in coppers, and put the half-crown on a shelf at the back of the bar—there were no other half-crowns there—they stood at the door some time—Connor appeared very tipsy—Hay said that he had better have some bitters, and asked me what he had better take—I said, "Some soda water"—he said that they were master and foreman, and after a long conversation about their business, Hay said he should lose 20l. through the foreman not being at work that day—Connor then went out, and afterwards came back and said, "You are wanted directly at the shop"—they both went out together, and the moment afterwards Mr. Hoare came and said something to me—I took the half crown from the shelf, bent it, marked it, and gave it to Mr. Hoare.
Cross-examined. Q. Do you always put your money on the shelf? A. Yes, since I had the till robbed two or three months ago—Connor pretended to be very drunk, but I am sure it was pretence.
RICHARD BLISSETT (Policeman, E 106). The prisoners were given into my charge by Mr. Hoare, with this half-crown—I searched them and found on Hoare three florins, one crown, one half-crown, and fourpence in copper, all good; a pair of kid gloves, six paper collars, a handkerchief, a door key, and a knife; on Connor I found a dirty linen collar, four shillings, two sixpences, and fourpence in copper, all good; two half quires of note paper, a pair of gloves, not new, and a knife.
Cross-examined. Q. What time did you take them? A. About a quarter past 7—Connor was very drunk—there was no pretence about it—Hay was perfectly sober.
COURT. Q. Where did you take them? A. At the Hole in the Wall, Theobald's-road—there were some women there, who went away—I cannot say that they were together.
CONNOR— GUILTY .—He received a good character.
HAY— GUILTY .*— Confined Two Years each.
MR. CRAWFORD conducted the Prosecution.
WILLIAM WRIGHT . I am a fish salesman, of Billingsgate Market—on 20th November, between 8 and 9 in the evening, the prisoner came and stood about for a quarter of an hour—he saw me talking to a friend—he bought a box of herrings of me for 3s., and paid me with a half-crown and sixpence—after he left I found the half-crown was bad, and put it in my pocket—there was no other half-crown there—five or ten minutes afterwards he came again, and said, "I think I will have another one"—he took a box
and gave me another half-crown and a sixpence—I went outside, took hold of him, and said, "You gave me one half-crown, let me have a look at the other one"—I bit it, and gave them both to the officer—these are them (produced).
Prisoner. You said, "You had better give me two more half-crowns in the place of them," but I said I had not got them. Witness. I said, "I cannot afford to lose my time, if you will give me my money, I will let you go"—you offered me the herrings back, and eighteen pence, which would have been eighteen pence profit for me; but somebody said, "Do not let him go, he has been here before," and I gave you in charge.
Prisoner. I changed a sovereign in Billingsgate market that morning, and bought ten dozen haddocks—I received this half-crown in change.
COURT. Q. How long have you known him about the market? A. I only know him to be a bad character—the next day while I was at the Mansion House one of his pals stole a pad of herrings, and another of them was laughing at me in Court.
SAMUEL NICHOLSON (City-policeman, 594). I took the prisoner in custody, and produce the half-crowns—I found on him a shilling, sixpence, a knife, a tobacco-box, and a ticket for a basket in Clare-market—I fownd that he had left the first box of herrings at the Britannia public-house, Fish-street Hill, with another box which he bought of Mr. Long—he gave me his correct address, 9, Clark V road, Chelsea.
COURT. Q. Do you know him? A. I never saw him before—I have done duty in the market for six months.
NOT GUILTY .
MR. CRAWFORD conducted the Prosecution.
EMILY BALL . I live at 7, Lambs' Conduit-street—my brother-in-law, Mr. Raines, keeps a tobaccnist's shop in Theobald's-road, and I go there to serve—I was there on Monday evening, 24th November, when the prisoner came in for half an ounce of tobacco—it came to three halfpence—he put down a florin, and I gave him 1s. 10 1/2 d. change—he went away, and I put the florin in the till—it was rather bright, like a new one—there was another florin there, and a half-crown and some shillings—my brother-in-law did not come in till a quarter-past 12, but my brother looked in the till, and then I looked and saw the two florins—they were both bad—we left them there; but the dull one was afterwards destroyed, because a gentleman came in, who said that he did not want me to get into trouble—he would throw one away, and give me another for it, and he did so—this (produced) if the florin the prisoner gave me—I gave it to my brother-in-law when he came home—on Thursday, 27th, the prisoner came again between 7 and 8 in the evening for half an ounce of tobacco, and gave me a half-crown—I bent it, and told him it was bad, and at the same time my brother-in-law came from the back parlour, and laid bold of the prisoner—I gave him the half-crown—this is it (produced).
THOMAS BALL . I am the brother of the last witness, and assist Mr. Raines—I was in his back parlour on 24th November, between 7 and 8 in the evening, and my sister was serving in the shop—I went out, and, thinking from the man's manner, that it was bad money—I looked into the till, and found two bad florins, one rather brighter than the other—I did not see the person who passed them, or see the dull one thrown away—on the 36th I was serving in the shop, between half-past 8 and 9 in the evening, when the prisoner came in—I am sore of him—he asked for one ounce of
bird's eye, and gave me this crown (produced)—I put it in the till, and gave him change—there was no other crown there—Mr. Raines afterwards looked at it, and said that it was bad—I was not there on the 27th.
Prisoner. Q. How was I dressed on the Tuesday night? A. I did not notice—I know you by your voice and features.
JOHN RAINES . I am a tobacconist, of 52, Theobald's-road—on Monday night, 24th November, I came home, and my sister-in-law gave me this florin, which I gave to the police-sergeant—next day, between a quarter and half-past 9 o'clock, I went to the till, and saw this 5s. piece there—I tried it, and found it was bad—I gave it to the sergeant—on Thursday evening 27th, I was in the parlour, and heard somebody throw down silver on the counter, which sounded bad—I went to the door—the little girl Emily tried it in the tester, and it was bad—I took this half-crown out of her hand, walked to the door, and told the prisoner he most stop till the police came, as I had had too much bad money lately—he said that he would give me his address, and come back another time.
JOHN GASCOIGNE (Police-sergeant, E 10). I received the prisoner in custody on the 27th, and told him he was charged with uttering the three pieces, which Mr. Raines gave me—he said, "The first two I never uttered, the half-crown was given me by a man named Bryant in part payment of a debt of 5s."—I said, "Where does he live?"—he said, "In Lisson-grove; I do not know the number"—nothing was found on him.
Prisoner. Q. Did you go to my matter's in Berners'-mews? A. Yes—he said that you worked for him about six months, and had left him six months.
Prisoner's Defence. I never was in the shop, except on the last occasion I never was near Theobald's-road; on the Monday I was looking for wok. On the Tuesday I was repairing a cask at the Bell public-house, Holbprn, and never left the house even to get my tern till half-past 9 or 10 o'clock in the evening. I have asked the publican to come, and also the man who set the stave, but they do not like to lose their time. On the Thursday I met a man, whom I had lent 5s. to; he paid me eighteen pence of it by giving me half a crown, and I gave him 1s. change. That is the half-crown now produced; I bought half an ounce of tobacco with it, and the tobacconist said that it was bad. I told him where I got it, and offered to come back and pay him for the tobacco—the 5s. piece and the 2s. piece I never had in my possession.
GUILTY .— Confined Twelve Months.
OLD COURT.—Tuesday, December 16th, 1862.
PRESENT—Mr. Ald. FINNIS, Mr. Ald. ALLEN, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
117. CHARLES TURNER (64), and GEORGE ABRAHART (24) , Stealing 5 account books, and 27 quires of paper, value 16s., the property of Thomas Best, the master of Abrahart Second Count, feloniously receiving the same; to which they both
PLEADED GUILTY .— Confined Twelve Month each.
PLEADED GUILTY .— Confined Nine Months.
ELIZABETH POTTINGER . On 26th November the prisoner came to me—my daughter lived as servant in the Hackney-road, and the mistress sent the prisoner to me, saying she had engaged her as a nurse, and would I allow her to sleep at my place one night—she slept there three nights—after she was gone I missed a pair of boats—I had seen them on the Friday night in the prisoner's hand, as she was going out—I saw them at the pawnbroker's three or four days afterwards—I had not given the prisoner leave to lake them.
Prisoner. It is false; he was not in the shop at the time; he only swears to me by the shawl, and I never had it on; it was the little girl that wore it. Witness. I am sure the prisoner is the person.
MATILDA POTTINGER . I am the prosecutrix's daughter—on Friday night, 28th November, the prisoner told my mother she was going out for an hour, might I go with her—just before that she had these boots in her hand—my mother asked her to put them under the drawers—she did not—about five minutes afterwards we went out—she asked me where there was a pawn-broker's—I showed her Mr. Telfer's—she said, "I am going to buy a piece of stuff, you stay outside"—I had bought some for my mother, and the prisoner said she would have that for herself, and buy my mother another piece—she went into the pawnbroker's, and when she came out she said, the gentleman had shown her about thirty pieces, but they wanted too much money—she went into a small linendraper's, and the money she had in her hand was a half-crown, a fourpenny piece, a penny, and a halfpenny—I saw it in her hand—she bought a bonnet front—we then went back to my mother's—she was taken into custody at my mother's on the Monday night.
Prisoner's Defence. I never pawned the boots.
GUILTY .— Confined Six Months.
120. WILLIAM PEACOCK (24) , Stealing on 11th November 7 orders for the payment of 12l. 3s. 2d. 14l. 5s. 2d., 7l. 1s. 3d., 12l.; 2s. 9l. 8s., 9l. 5s. 1d., and 6l. 1s. 11d., the moneys of William Edward Bartlett and another, his masters; to which he
PLEADED GUILTY .
MR. POLAND, for the prosecution, stated that the prisoner had surrendered himself, and given every information respecting his defalcations, and that the prosecutors desired to recommend him strongly to the mercy of the Court.
Confined Twelve Months.
MR. MONTAGUE WILLIAMS conducted the Prosecution.
24th, Nov. I was proceding towards my home between half-past 9 and a quarter to 10—I went in to fetch a pot of porter at the Pickering Arms, in Pickering-street—I came out with the pot in my hand, and had not proceeded above one hundred yards before I was pounced upon from behind, and the prisoner came in front of me, and took my watch out of my pocket—I struggled with him, and received a blow across the cheek-bone, at the same time fingers were put into my waistcoat-pocket, and a 2s. piece taken away—it was so sudden I could not make any resistance—my watch was left, but the case was torn off and lost—I did not give any alarm at the time-—I was close at home, and staggered in doors as quick as I could—I subsequently gave information to the police-constable Taylor, the same night; he came to my place—I gave him a description of the person who had robbed me—the following Thursday evening I saw the prisoner outside the Angel, with three others, and picked him out as the man.
Cross-examined by MR. COLLINS. Q. What time did you leave off work that day? A. About 7 o'clock—I work at several places—on that day I worked down in Bagnigge-wells-road—that is about half a mile from Paradise-place, Islington—I did not walk straight home—I went to the William the Fourth, and had two pints of porter between three of us—I then went to the Pied Bull at the corner of the Liverpool-road, and had part of two pints of porter there—I left the Pied Bull about a quarter-past 9, went to the corner of River-lane, and bought half an ounce of tobacco and some snuff, and then proceeded home to the Pickering Arms to buy the porter—I had nothing to drink there—part of the porter was spilt at the time this happened—I took the rest home—I saw the prisoner at the Pied Bull, with another man drinking—he did not speak to me—I only caught a casual glance at him at the bar—I was not drunk—I was the worse for what I had had, but I knew perfectly well what I was about—I had been drinking that day—I was not drunk—I had the same coat on as I have now, under this one—it was not buttoned up—my watch was in the right-hand pocket—there was a guard attached to it—the guard was not taken—it is an old fashioned watch, and the clip of the watch-case was broken—the chain was not torn from my waistcoat—they were stopped, they heard the policeman coming—it was very sudden—I just caught a glance of the man who was in front of me—there was a snatch, and a run off—the man in front struck me—he seized my watch, then struck me, and then put his fingers in my pocket—the moment he came up, he seized the watch, and struck me in the face—that man was the prisoner—I was not hurt in my throat—the Angel is about a quarter of a mile from Paradise-row—I saw the prisoner in front of the Angel on Thursday evening, and swore he was the man.
MR. WILLIAMS. Q. Had you such a glance at him that you had no difficulty in picking him out from others when you next saw him? A. Yes, I knew perfectly well at the time the assault took place what I was about.
JAMES TAYLOR (Policeman, N 491). On the evening of 24th November, about twenty-five minutes to 10, I saw the prisoner in company with another man, standing near the Half Moon public-house, Lower-road, Islington, which is not more than 300 yards from Paradise-place—I had no conversation with him—I passed him; I have known him for a long time—I was present on the following Thursday evening when the prosecutor identified him—there were four others present at the time—I told the prisoner I should take him in custody for assaulting and robbing the prosecutor on Monday the 24th; he said, "All right, I will go quietly with you."
Cross-examined. Q. And he did go quietly? A. Yes; the Pied Bull is
at the corner of the Liverpool-road—it is not more than 200 yards from the Angel—Paradise-place is about half a mile from the Pied Bull.
NOT GUILTY .
122. JAMES SANDERS VERNELL (22) , Unlawfully obtaining by false pretences, on 23rd October, from John Cooke Hester, 118 lbs. of tea with intent to defraud Second Count, obtaining by false pretences, on 25th October, from Harold Tyrrell Grainger and another, 118 lbs. of tea, with the like intent.
The prisoner having been called upon to plead, MR. SLEIGH on his behalf, applied to the Court that the indictment should be quashed, on the ground that a charge of obtaining by false pretences from two different persons could not be made in one indictment; that the prosecutor was only bound over to give evidence in reference to the charge of obtaining by false pretences from Hester, but that a second count had been added to it, which, although it was an offence ejusdem generis, a different person was alleged to be defrauded, and therefore, as regarded the second count, the indictment was untenable. MR. POLAND, on the same side, submitted that the two counts were two separate transactions, and that if part of the indictment was quashed, the whole must be.
MR. COLLINS (for the prosecution) contended that the two counts were part of one transaction, and that Mr. Hester and Mr. Grainger were both bound over to prosecute, and give evidence against the prisoner.
MR. POLAND urged that they were bound over merely as witnesses, in the same way as the policeman was bound over; his contention was, that if this was a good indictment, then the object of 22 and 23 Vic., c. 17, would be entirely defeated, and any person getting a committal of a prisoner for one offence might indict him for twenty others which were never dreamt of by the Magistrate; he then contended that the Court had no power to quash an indictment part, it must be dealt with as a whole, and as this indictment (the second count) had been found without proper authority, the whole was bad; the whole record, as presented by the grand jury, was not accompanied by that condition precedent of examination before a Magistrate, and binding over to prosecute. MR. COMMON SERJEANT stated that with reference to one count, that condition had been observed, and judgment might pass upon that, each count being treated a separate record; as at present advised, he was of opinion that he had power to quash the other count; he would take a note of the point, if it was desired to raise the question; but there was a very obvious course to be taken, the Grand Jury being still sitting, which might render it unnecessary.
A fresh bill was subsequently prepared and found, upon which the prisoner was tried (see next case).
MR. COLLINS conducted the Prosecution.
JOHN COOKE HESTER . I am the prosecutor in this case, and a merchant carrying on business at Great Tower-street—I was formerly at 14, Little Tower-street—I have known the prisoner for about three or four months; I think I saw him first in August or September last—he called several times at my office; the first time he requested me to give him a commission for the sale of tea in the west of England—I told him I was not then wishing to extend my business—he either at that time, or on one or two subsequent occasions, mentioned the names of several London grocers and tea-dealers, and asked if I did business with them—with some I said I did,
with others not—he said they were friends of his, and if he should get orders from them, would I pay him for them—I said I had no objection provided I approved the names—he mentioned the names of several he said were friends of his; he said that he had got some Chancery business, and that his wife was near her confinement, so that he did not care much about going out into the country; he was not entirely dependent on it, but if he made a little money it would help him on—I said, "If you get orders from names that I approve, those that you mention particularly I shall be most happy to execute them, and will pay you for your trouble"—he called several times between that and entering the order on which I am prosecuting—he called on the 23rd October, and entered an order for two half-chests of tea, to be sent to Grainger Brothers, in the Walworth-road—he made an entry in a book; that book was produced before the Magistrate, but it has since been burnt in the fire which took place at my premises in Little Tower-street—he did not make an entry in my order book; every one had a book specially for himself—a book was given to the prisoner which belonged to a traveller who had left us; it was a book that was kept at our office.
COURT. Q. You mean given to him for the purpose of making that entry? A. Yes; a waste-book—it has since been destroyed.
MR. SLEIGH. Q. Did you see the prisoner make any entry in that book in reference to this? A. No.
MR. COLLINS. Q. Do you know the prisoner's handwriting? A. I do—that entry in the book was his handwriting; it was produced at the first examination.
COURT. Q. You did not see the entry made? A. No; I have had letters from the prisoner, and I believe I have seen him write—I can swear it was his handwriting in that book; there was more than one entry of the prisoner's handwriting on that day—I believe I saw him make this entry—I believe I recollect the piece of furniture in the office where he wrote it—I know I saw him make some entry in that book, and, I believe, this particular one—my business is a very large one—I don't take much notice of the town-travellers generally as they come in, but I think I remember, on a corner of a little stand in my room, he entered that order, for I remember him asking for a particular sample to show to a person in the Borough, and I looked at it to see if it was that particular order, and it was not; it was the one to Grainger.
THE COURT considered that, as the book could not be produced, there was no evidence against the prisoner.
NOT GUILTY .
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
There was another indictment against the prisoner.
126. JOHN PERRY (20) , Stealing, on the 1st December, 1 handkerchief the property of Thomas Myles Lamb, from his person; having been before convicted of felony on 18th November, 1861, at Clerken well; to which he
PLEADED GUILTY .**†— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Six Months.
NEW COURT.—Tuesday, December 16th, 1862.
PRESENT—Mr. Ald COPELAND, M.P.; Mr. ALD. WILLIAM LAWRENCE,
and ROBERT MALCOLM KERR, ESQ.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY ;**Edward Hancock, City-policeman, stated that he had been six times summarily convicted, and that he was one of the most desperate thieves in London, and had twice threatened his (Hancock's) life. Four Years' Penal Servitude.
PLEADED GUILTY; Mr. Eick, a carman, of George-yard, City; Thomas Harman, a carman, of Albion-place, London Wall; and Mr. Partridge, gaoler of the Mansion-house, gave him a good character. Judgment Respited.
130. FREDERICK CLAYTON CLIFT (25), Feloniously being at large before the expiration of the period to which he had been sentenced; to which he PLEADED GUILTY . It was stated by Dennis Howard, warder of Milbank, that the prisoner, (with two others) had broken out of that prison, and had stated that he got out by bribing one of the warders, which was untrue. Fifteen Years' Penal Servitude.
There was another indictment against the prisoner for forgery.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .†— Three Years' each in Penal Servitude.
133. GRACE MEADOWS (33) , Unlawfully uttering, on 21st November, a counterfeit crown to Mary Ann Lane; and within ten days, a counterfeit half-crown to Rebecca Dawson; Second and Third Counts, charging single utterings; Fourth Count, uttering a counterfeit half-crown, on 25th November, to Susan Darrall.
MR. CRAWFORD and MR. ROWDEN conducted the Prosecution.
MARY ANN LANE . I am the wife of James William Lane, a grocer, of Devonshire-terrace, Stepney—on Friday, 21st December, between 4 and 5 in the afternoon, the prisoner came for some small articles of grocery, which came to 3d—she gave me a half-crown; I gave her change, and put the half-crown in the till—there was no silver there at all—my husband afterwards
took it out, and found it was bad; it was still the only one there, and no one had been serving but me—this (produced) is it.
Cross-examined by MR. METALCAFE. Q. Was it just getting dark? A. Yes; we had no lights—I had never seen the prisoner before—I next saw her at the police-station, rather more than a week afterwards—she was not in a cell; she had been out on bail, and was inside the court-yard—the policeman did not show her to me; I pointed her out—a great many women were standing near her.
JAMES WILLIAM LANE . I am the husband of the last witness, and was behind the other counter when my wife was serving—she asked me for change—I gave her a florin, and she gave me 3d. in copper out of the till—I laid it on the counter near the prisoner—I saw her face, and have no doubt she is the person—it was dusk—I saw her again in the passage of the Magistrate's office, among a cluster of women, who, I suppose, were her friends—the policeman said, "Can you recognise the person who passed the half-crown?"—I said, "Yes," and pointed out the prisoner.
Cross-examined. Q. Did you and your wife together point her out? A. Yes; I cannot say which of us did so first—I should have known her without what my wife said.
REBECCA DAWSON . I am the wife of James Dawson, a linendraper, of James-street, Stepney—on 25th November, about half-past 8 in the morning the prisoner came for a farthing boot-lace, a child's neck scarf, and two pocket-handkerchiefs—she paid me for the boot-lace first with a farthing, and then bought the other things—put a 5s. piece down, and asked me for change, which I gave her, all but some coppers which she went and got—I put it in the till, and afterwards gave it to my daughter to get change—Mr. Parks came back with it in his hand, and said it was bad—this is it (produced).
Cross-examined. Q. Was there anybody else in the shop? A. No; but I called my little girl out of the parlour to go out for some copper—next day I heard something from a milk-man, in consequence of which I went to 29, Edward-street, where I found the prisoner, and told her what I wanted—she said that she remembered coming, and giving me a five-shilling piece, and asked me to come inside and hush it up—I called a policeman, but did not give her in charge then because of her children.
SUSAN DARRELL . I live with my father, a potato merchant, in Bale-street, and assist in the shop—on 25th November, I served the prisoner with 4 lbs. of potatoes—she gave me half a crown—I went across the road, got change from Mr. Tydeman, and gave it to her—Mr. Tydeman afterwards brought me back the half-crown—this is it (produced)—I marked it at the station.
Witnesses for the Defence.
MARGARET ELLIS . My husband is a carman, of 29, Edward-street, Stepney—the prisoner is the landlady of the house—her husband is a paper-hanger—there is another lodger in the house, Mrs. Dix—on the Tuesday evening before the prisoner was taken away, I let her in at 7 o'clock, and she did
not go out any more till I went to bed at 10 o'clock—I opened the door to every one that came (I know nothing about the morning)—her room is on the second floor, and I live in the front parlour—I do not know where she was on the 21st—I know nothing farther than that evening Mrs. Dix was at home—she lives in the room over—the prisoner could not have gone out without my knowing it, because I opened the door to everybody—she has six children—the youngest is two years old—she does nothing for her living—her husband does that.
Cross-examined by MR. CRAWFORD. Q. How do you know she was at home at 7 o'clock? A. Because I let her in—I know the time, because she stood talking at my door, and I was waiting for my husband to come home—I looked at the clock in my room and said, "I am expecting my husband every minute, and it is now 7 o'clock"—I did not see her any more that evening, but I heard her—I opened the door to the children several times, and she said, "Mrs. Ellis, I am sorry to trouble you"—I said, "It is no trouble, as I am down stairs"—I did not look at the clock every time the children came—I can swear she was not out after 8, because I heard her in the house—I heard her voice talking to the children—I know Ball-street—it would not take many minutes to go there—it is not a minute's walk—Mr. Dawson's shop is more than four doors from Shilling's the potato merchant—it would take more than a minute and a half to go there.
MARGARETTA DIX . My husband is a blacksmith and boiler-maker—we live in the name house as the prisoner—I do not know much about it—I know she was at home between 8 and 9 o'clock on the Tuesday evening that she was taken—I do not know what time she came home, but I heard her over-head about 9 o'clock—I did not pay particular attention, because I and my husband were larking together—I did not see her all the evening, but I spoke to her after 10 o'clock on the stairs, and did not see her again—she was up stairs over my head, and I called up to her on the stairs—I heard her speaking to the children, and I know her voice well—I do not know where she was in the morning—she is a hard-working woman, and keeps at home with her children.
The prisoner received a good character.
GUILTY on the First, Second, and Third Counts.—Recommended to mercy by the Jury on account of her family. — Confined Six Months
MR. GENT conducted the Prosecution.
RICHARD TRICKETT . I am a grocer, at 34, Church-street, Deptford—on Wednesday, the 3d of this month, about half-past 4, I was in Philpot-lane with my son, who is about ten years old—I left him in charge of my pony and cart—there were four half chests of tea in it, the value of which was 21l.—I gave directions to my son to mind the cart, and remain there till I came back—I gave him no directions to go any where—I returned in shout fifteen minutes, and could not find my cart—about half an hour afterwards I found my son at Bower's provision warehouse close by—notice as afterwards given to me that my pony and cart were at the green-yard, Kennington—I did not get my tea back—the value of the whole was 50l.—the prisoner had been in the habit of minding my pony and cart sometimes near that place—he has done so perhaps twenty times—I know him very well by sight—I had not seen him on this day.
the afternoon—my father left me in charge of his horse and cart, with four half cheats of tea inside it—he left me for a short time—I was to remain there—two men came up to me—the prisoner is one of them—both of them spoke to me—the other man said, "Here; your father wants you at Benjamin Bowers"—the prisoner said he would mind the cart—I then got down and went with the other roan to Benjamin Bowers, which is down Botolph-lane—the other man came half way down, and then he left me—I did not find my father at Bower's—I went back in about two minutes, to where I left the horse and cart—I did not find it—they were all gone: man, cart, and all—I am sure the prisoner is one of the men who came up to me—I had seen him three or four times before, standing about there.
CORNELIUS MEAGHER (City-policeman, 759). I apprehended the prisoner in Fenchurch-street, on the morning of 4th December, about half-past 11 o'clock—I told him the charge—he said he knew nothing whatever about it—he denied being in Philpot-lane on the 3d—he afterwards admitted passing there about 5 o'clock, but not seeing the pony and cart—when waiting on the platform at London Bridge, he said, "My father told me to go to the station if I was asked, because if I had done nothing I had nothing to fear"—I am aware that he had no opportunity of seeing his father while he was in custody—he might have seen him before—I have found out nothing whatever about the tea.
Nathan Alexander, Isaac Michaels, a tailor, and Lyons Van Delzig, and Edward Lyons gave the prisoner a good character, and stated that he was silly boy, and did not know right from wrong; but Mr. Jonas, governor of Newgate, stated that he had seen no symptoms of silliness in the prisoner, and that he was a sharp quick lad.
GUILTY .— Four Years' Penal Servitude.
MR. BESLEY conducted the Prosecution.
JOSEPH COMBER KNIGHT . I am a detective-officer of the City—I was employed by Messrs. Pawson on the morning of 3rd December, about a quarter to 10—I saw the prisoner leave their warehouse, 9, St. Paul's Churchyard, with a brown paper parcel in his hand—I followed him to two or three places, and ultimately to Mr. Wood's, a pawnbroker, in High Holborn—he went in at the sidedoor—I went in at the frontdoor, saw what the pawnbroker took from him, spoke to the pawnbroker, and left—there is a partition between each box which prevented the prisoner from seeing me—I waited a minute or two till he came out, and after he got a few yards from the shop I stopped him—he had the same brown paper parcel with him then, with this pair of trousers in it (produced)—I said, "What have you got in that parcel?"—he said, "Well, I have got a pair of trousers"—I then told him I was an officer, and asked him where he had brought them from—he said, "From Messrs. Pawson's, in the City"—I said, "Did they give you any authority to offer them for pledge?"—he said, "No; they did not"—I said, "I must take you back"—he said, "For God's sake, don't take me in custody"—I told him my duty compelled me to do so, and I took him to Fleet-street Police-station—he gave his address there, "3, Blenheim-terrace, Kingsland"—after I got him remanded before the Magistrate, I went there and found these four coats and nine flannel shirts (produced).
Cross-examined by MR. KEMP. Q. He gave you a correct address? A. Yes; I cautioned him after asking him the first two questions—I asked him if he had any authority to pledge these goods before I told him what I was.
GEORGE PHILIP CLUES . I am manager of the cloth department at Messrs. Pawson's—we have missed property from the stock in that department—these trousers are of the description we missed—I know them by the make—they were part of our stock—they have never been sold—the prisoner has been in Messrs. Pawgon's service—he was there about twelve months, this last time—he was a traveller about town, calling on shippers and merchants—he had an occasional account with our firm—when he wanted to purchase things he might do so for ready money—I can state positively that the trousers were not sold to him at all.
Cross-examined. Q. Is Mr. Pawson or either of the partners here? A. Not that I am aware of—I have had the management of this case—I am not a member of the Society for the Prevention of Shoplifters—the case is prosecuted by a society—I am only toting as a witness—I don't know who the attorney is—I have not seen him about it—I gave him no authority to act for me—these would be sailor's trousers if a sailor had them—they are made for a sailor—I can't say how long the prisoner had been in Mr. Person's service—he was in the service some time ago—he was town traveller—he took out samples of things, similar to these which I have here, to get orders.
MR. BESLEY. Q. Can you state whether or not he took shirts from your house for samples? A. Not to my knowledge.
The prisoners statement before the Magistrate was here read as follows:—"I have nothing to say, with the exception of the shirts, I did not take them—they were given to me as samples by Mr. Clues—I took the coats."
COURT. Q. Did the prisoner take out samples similar to those you have there? A. Yes; he was allowed to go and offer them to merchants, and return them the same day—be was allowed to take out two or three things, and leave them if necessary at the buyers; supposing he had taken out some shirts and had not returned them that day, I should have inquired where he had left them; if he said, "I have left them with a merchant; "I should let it off for a day or two, and then inquire again—in his former employment he did not fail to return anything that I am aware of—he had no account with the house that I am aware of—supposing he had taken out a coat and not returned it, and said that he had put it ou because it was a wet day, and he would keep it, in that case he would have to get a ticket signed by one of the partners, and make a ready money account of it.
Q. Would you not deduct it from his salary? A. It is very seldom we do that sort of thing—we first missed goods from our stock on 28th November—we have about ten travellers altogether in the firm—there was only the prisoner in this department—his salary was 150l. a year, with board in the house—he slept out.
MR. KEMP called
WILLIAM ARCHER . I am a commercial-traveller, and have known the prisoner twenty-two years, during which time he has always conducted himself with honesty and strict propriety—I never heard the slightest thing against his character—I have known him to leave samples from Messrs. Pawson with a merchant for three months together.
Cross-examined by MR. BESLEY. Q. Do you take out samples? A. Yes—I give an account of them—I do not have a ticket if they are kept on my account; I have no document to show it—I am sometimes on a journey for six months, and if I keep the samples I pay for them when I return—there would be an Account of my paying for them.
the prisoner since 1853—I have done business with him repeatedly, and always found him upright and honest.
Cross-examined. Q. You only know him in the way of business? A. I have done business with him for eight years, and have seen him weekly.
COURT. Q. Have you had samples left with you? A. Scores of times; in fact my office is seldom without samples of his—sometimes I sent my clerk to Pawson's with them, and sometimes the prisoner took them away himself—I sent some three or four days ago.
DANIEL PRINCE . I was formerly in business in Leadenhall-street—I have known the prisoner fifteen years, during which time he has borne a good and honest character—I never heard any imputation against him.
Cross-examined. Q. What are you? A. An outfitter—I gave him samples to take out—I did not keep an account of them—he was to take them to my customers, and not to a pawnbroker's-shop.
COURT. Q. Was he in your employment as traveller? A. He was for, I think, eighteen months—his accounts were very correct.
NOT GUILTY .
MR. KEMP conducted the Prosecution.
GEORGE STEPHENSON . I am a grocer, of 35, Little Newport-street, Sobe—on Friday, 21st November, the prisoner came to my shop—I had seen her every week for five months—she was in Mrs. Bradley's service, 20, Cockspur-street, for whom I had cashed cheques before, through the prisoner—she produced this cheque, and asked me if I would oblige Mrs. Bradley with change—I gave her 12l. in gold for it, and paid it away to Mr. Rose on the 24th—he returned it to me on the 25th.
Prisoner. I only said, "Can you change me this cheque, please;" I did not say whom for. If it was wrong you ought to have told me so, because I do not understand it. Witness. She asked me if I could oblige Mrs. Bradley with change—I am sure she said that in reference to this particular cheque.
AUGUSTUS FREDERICK WALE . I am cashier to Mr. Rose, a wholesale grocer, of 176 and 179, Shoreditch—this cheque was paid in by Mr. Stephenson on 24th November, and I crossed it "Roberts and Co.," and paid it into Robarts' with other cheques—it was returned to me next day, marked "No account."
BOYS FIRMIN . I am a clerk in Messrs. Fuller's bank, 77, Lombard-street—this cheque came in with several others on the 26th, and having no account in that name, we returned it to Messrs. Robarts, writing across it "No account."
CHARLOTTE BRADLEY . I am housekeeper at the chambers, 20, Cockspur-street—the prisoner was my servant previous to 21st November, and had been so for some little time—on Tuesday afternoon, 25th November, Mr. Stephenson's shopman brought me this cheque, and the moment he did so I went down to Mr. Stanley's office, but he was not there—I saw him afterwards—I never sent the prisoner to Mr. Stephenson's to get the cheque cashed; I had never seen it before—I called the prisoner, and said to her, "What cheque have you cashed to-day?"—she said, "One for Mr. Stanley"
—I said, "Have you cashed any for any other gentleman in the home?"—she said, "No"—I said, "Have you cashed a cheque for anybody?"—she said, "Yes; I did for a woman"—I said, "A woman; what woman? do you know her?"—she said, "No; I never saw her before"—I said, "What was she like?"—she said, "A respectable woman, dressed in black, with a deep fall over her face"—I said, "Should you know her again if you were to see her?"—she said, "No"—I said, "What did she say going along from Dorset-place to Mr. Stephenson's?"—she said, "Nothing"-—I said, "Do you mean you walked all the way without speaking?"—she said, "Yes; I walked first, and she walked behind me"—I said, "Do you mean you went to Mr. Stephenson's and got 12l., and counted it into the woman's hand?"—she said, "No; I did not count it at all; as Mr. Stephenson gave it to me, I gave it to the woman"—I asked if the woman waited outside, and she said, "Yes"—I said, "What did the woman give you?"—she said, "Sixpence"—I have seen the prisoner write, but only once—I got her to write "J. Stanley," to see whether it corresponded with this, and she wrote Mr. Stanley's name three times on this bit of paper (produced)—she wrote it readily; she did not hesitate a minute; but she did not write it off-hand—she said that she did not know how to write—I said, "Do the best you can," and she asked me how to make a "J"—I showed her in my simple way—that is the only time I ever saw her write.
Prisoner. I know nothing about it; I wrote nothing on the cheque, only on the bit of paper.
HENRY JOHN STANLEY . I have chambers at 20, Cockspur-street—on 25th November, Mrs. Bradley brought me this cheque (produced), and I at once discovered that it was not mine—I keep my cheque-book locked up in a drawer—I examined it when I saw this cheque, and found that twelve cheques had been torn out, counterfoils and all—they are not taken consecutively—the number of this is 6,589, and thin is 6,890 which is produced—here is 6,591 in the book—this is Messrs. Fuller and Hanbury's cheque—both the stamps are the same; they are marked 19/2.
Prisoner. I never saw the cheque-book.
COURT. Q. Who cleaned your rooms? A. The prisoner, I believe—nobody else had access to them but the housekeeper—the lock did not appear to have been handled—I never left my keys about, or my cheque-book—I am not always there in the day, but I have a little clerk of sixteen there—I am often away for weeks together—my chambers are on the third-floor—the other rooms are occupied as chambers—there are four on that floor—my door has a Chubb's lock—this (produced) is the key of it—there are many people going about during the day, as architects' chambers are next to mine, and there are people going in and out—the chambers are a great deal frequented during the day.
CREECY ROBINSON . I am a detective police-sergeant—on 26th November, I saw the prisoner—1 told her I was a police-officer, and was going to ask her some questions about the cheque, but she need not answer unless she liked, as it might be given in evidence against her—I then asked her where she got the cheque from—she said that a woman gave it to her in Dorset-place, Pall-mall, to get it cashed, on Friday, and she had taken it to Mr. Johnson, who could not do it, and she took it to Mr. Stevenson, who cashed it for her—I asked her what she had done with the money—she said that she gave it to the woman, who was tall, and dressed in black, and who gave her sixpence for her trouble.
COURT. Q. Did you search her boxes? A. She had no boxes there,
only a work-box—I took her where her father and mother lived, at a lodging-house in Westminster—I searched one box of her's, but found no money—a halfpenny only was found on her at the police-station—I went to Mr. Johnson's, and they said that she had been there to ask for change—she was known at Johnson's.
Prisoner. Q. The halfpenny was found at the house? A. Yes; I gave it back to you.
BOYS FIRMAN (re-examined.) The cheque-book was given to Mr. Stanley from our bank, and I should say that this cheque came out of it—it is not lettered, and this is the only series of cheques we had unlettered.
NOT GUILTY.—The Jury stated that they thought she had been a tool in the hands of others.
MR. HORRY conducted the Prosecution.
EDWIN CRAIG . I am foreman to George Groom bridge, an outfitter, of St. George's-street—I know the prisoner and Jacob Cohen—on 5th April, the prisoner came and gave me this order, saying, "I want these goods for my brother"—Read:"April 5, Mr. Groombridge, will you send per bearer my brother, one dozen handkerchief flags of all nations, six blue guernseys six blue serge, and a black satin vest, Jacob Cohen")—I believed that to be in Jacob Cohen's writing—I gave the prisoner the articles, and he went away with them—there was a running account between the governor and Jacob, in which these articles were included, and Jacob declined to pay—I did not see the prisoner after 8th April till he was arrested, and when I did see him he ran, and was caught—he understood the charge on which he was taken perfectly well.
Cross-examined by MR. COOPER. Q. Have you received orders like this from his brother before? A. I never received an order myself—I am quite sure the prisoner said, "Give me the things for my brother Jacob"—I cannot say why he should say so, but I am quite sure he did—he was in the shop full an hour, as we had some more particular business to attend to—I have never seen the prisoner before, but his letters came for the governor—I do not know whether this is Jacob's writing—I never saw it—it may just as well be the writing of Jacob as Isaac for what I know.
Cross-examined. Q. Had you had goods from this gentleman before? A. Yes; for many years—I have sent one of my men for them—my brother has never been sent for goods for me—I have never sent him.
COURT. Q. Is he your own brother? A. Yes—I expect some bad friend wrote it for him—he was never in my employment—I do not know who he was living with last April—he has a father and mother—I think he lived with them, but I do not know—he was not always at home—I do not live with them—he was about my shop, and was entrusted with goods by me several times, and accounted for them several times—I have never had and defaulters among my men—I have never lost any goods—I first discoverey this on 1st December, when Messrs. Groombridge asked me whether I had had such goods—Craig did not tell me that he had given the goods to my brother—I know that at times my brother disappeared from his home, but I do not know the exact time—I made no inquiry about him, and have not seen him since April—I knew that the goods had been obtained, but did
not know that my brother was charged with obtaining them till 1st December—I have been home several times from April till December, and never saw my brother there—I asked my father and mother what had become of him, and they would not tell me—Messrs. Groombridge's is about a mile from my place—they said, during that time, that it was my brother who obtained the goods.
Q. But you said you did not know it till December? A. Yes, I did; I first knew in April that he was accused of it, and I refused to pay the money—I told Mr. Groombridge that he knew my writing very well, and he ought not to have given the goods—everybody in the place knew my writing—they made several applications to me for the money—I owed him a bill, but I said that I did not owe this, and I did not pay it—he told me that if I did not pay it he would prosecute my brother—the value of the goods was about 7l. or 8l.—I pay Messrs. Groombridge sometimes 200l. or 300l. a-year.
THOMAS PROCTOR (Policeman, 247 K). On the evening of 1st December I was with Mr. Craig, in Bedford-square, and saw the prisoner—he ran away—I ran after him, caught him, and told him he was wanted for obtaining things from Mr. Groombridge, in April last, the 5th or 8th—he said, "That is eight months ago; they cannot do much to me now for that."
Cross-examined. Q. Did he not say that he was the tool of some one else? A. No.
GUILTY** of uttering. — Confined Eighteen Months
MR. BESLEY conducted the Prosecution.
HENRY MAXWELL EGAN . I am senior curate of St George's, Hanover-square—I was acquainted with my predecessor, Mr. Witham—the first time I saw the prisoner was in the vestry of St George's Church—Mr. Witham had charge of the district in which he lived—after Mr. Witham's death I became senior curate—that was two or three months previous to September—the prisoner then called on me very frequently, and I have been to his house—he came to raise money to purchase an instrument to keep his shoulder blade in its place—he said that if he used the instrument constantly, he should get sufficient strength to earn a livelihood at light labour—I told him that if any benevolent person would send me a subscription for him, I should be glad to take charge of it—he said that he had had a contribution of 1l. from Lord Palmerston, and 10s. from Mr. Cowper, the First Commissioner of the Board of Works—after a little time he brought me an instrument which he said he had been measured for, and that Mr. Lindsay had made it, and he was to pay 12l. for it—I objected to it as not being worth 12l., and he brought it to me to induce me to give him 6l., he having collected 6l.—on my objecting to it, he said that the springs were covered with chamois leather, and that Mr. Lindsay had told him it was a very valuable instrument—I gave him no money on that occasion—he said that some alterations were to be made in it; and I said, "If you bring me the receipt, or bill, and show me the instrument again, I will give you the balance you require"—he afterwards brought a receipt which I objected to, as it was "By cash 6l., balance 6l. additional"—he told me that he would get from Mr. Lindsay a receipt for the entire sum, and afterwards brought me this receipt for 12l. on Mr. Lindsay's bill-head—it is, "Estimated cost of instrument, to J. Ridgway, 12l. 2s."—I would not psy it on that, and
then he brought me this, "To making instrument for shoulder, 12l. Received, J. Lindsay"—he said that he had got that receipt from Mr. Lindsay; and I took a sovereign from my purse and gave him; and as I had not got more, I authorized Mr. Evans, the clerk, to pay him 5l. additional—he said that part of the money which he had paid Mr. Lindsay he had borrowed of his landlord, which I afterwards found to be untrue—I asked him to give me the 6l. which he had collected, and to tell Mr. Lindsay to send me in his bill, and I would pay the entire sum—he said that he should prefer paring the 12l. himself, because, as he was a very poor man, he might induce Mr. Lindsay to abate a little of his charges, or to make him a little present—that was before I gave him the order for the 5l.
WILLIAM EVANS . I am assistant parish clerk of St. George's, Hanoversquare—on 4th December I paid the prisoner 6l., and he gave me 1l.—Mr. Egan was in the vestry at the time—it was money for which I was accountable to Mr. Egan—he produced this bill of September 4th, upon which 6l. had been paid previously—the second bill is dated September 6th—he was to bring a bill for the receipt of the whole, which he afterwards did.
MARK JOHN LINDSAY . I am a truss-maker, of 37, Ludgate-street—about three months ago the prisoner came to me, and said that he came from Dr. John Ogle, of the West-end, for me to examine his shoulder for an instrument, and give an estimate of the cost, and that the doctor wished him to have one of the most perfect construction—I told him it would be 12l. 12s.—he asked me to write a letter to Dr. Ogle, which I did at the same time; and he said that Dr. Ogle wished me to enclose an invoice—I did so—this is it—this "Estimated cost" is my writing—I asked him if a card would do as well, and he said, "No"—a day or two afterwards he said he had lost the whole, and wanted another bill-head—being busy at the time, I gave him another, but there was no writing on it—this receipt for 6l. 2s., signed, "Mark John Lindsay," is not written by me or by my authority—this one for 12l., signed, "J. M. Lindsay," is also a forgery—I saw the instrument the prisoner was wearing when he was taken in custody; the value of it was 1l. at the very outside.
HENRY DAWSON (Policeman, 301 A). I produce these receipts; I got them from Mr. Egan—I took the prisoner on 20th November, and said that it was for obtaining, from Mr. Lindsay, of Ludgate-hill, a bill-head, and forging his name on it, and obtaining 6l. on it from Mr. Egan—he said, "Yes"—on the road to the station, he asked me if I thought he would be locked up—I said, "Yes, I think you will"—he said, "I did not think I was doing wrong if I could get an instrument much cheaper, and the money that is over will go towards keeping me, as I have been out of employment a year and ten months.
Prisoner's Defence. I know nothing of the forgery; they were given to me by a person who made me an instrument; I saw the name of Lindsay on the bills, and said that I had called on a person of that name, on Ludgate-hill; he said, "That is the firm that I belong to."
REV. H. M. EGAN (re-examined.) There is a discrepancy between Mr. Evans and me; I do not know how my mind became confused, but Mr. Evans recalls to my memory that the money was paid on the first bill which was brought; 6l. partly paid and 6l. to be paid.
GUILTY .— Confined Six Months.
OLD COURT.—Wednesday, December 17th, 1862.
PRESENT—The Right Hon. the LORD MAYOR, M.P.; Mr. BARON MARTIN; Mr. Ald COPELAND, M.P.; Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. ALLEN; Mr. Ald. GIBBONS; and ROBERT MALCOLM KERR, Esq.
Before Mr. Baron Martin.
PLEADED GUILTY .— To enter into his own recognisance to appear and receive judgment if called upon.
MR. SLEIGH conducted the Prosecution, and MR. ORRIDGE the Defence.
GUILTY of endeavouring to conceal the birth. — Confined Eighteen Months
141. GEORGE LINES (35), was indicted for a robbery with violence, together with a man unknown, upon Walter Charles Woodward, and stealing 1 pair of earrings, 3 pieces of coral, 1 purse, and 2l. 18s. in money, his property.
MR. GENT conducted the Prosecution.
WALTER CHARLES WOODWARD . I am a jeweller's assistant, and live at 17, Holles-street, Haverstock-hill—on the night of 12th November I was returning home, a little after 11—I had to go through Maitland-park—as I was going, the prisoner spoke to me, and asked if I would please to relieve a poor distressed fellow—I told him I had no money to give him—at the same moment he clasped me by the neck with both hands—I also received a blow from behind at the back of my neck, and my arms ware pinioned from behind—the man behind placed both his hands over my arms, and in my pockets, and took out a purse, containing two sovereigns and 18s., a pair of coral earrings, and some coral ornament—the prisoner caught hold of my chain with one hand—he still kept one hand at my throat, and with the other he clasped my watch-chain—the chain broke—there was a struggle—I saw something glisten in the prisoner's hand, but I could not say what it was—he drew it across my throat—it cut my collar through, and just grazed my neck—it did not out me seriously; it bled a little—I called out, "Police! police! murder!"—I called loudly—this (produced) is the collar I had on—it is cut through—it was under my neckcloth—I struggled before I could get released from them, and called out, and they both ran away—the prisoner kept in front of me all the time—this happened close under a lamp-post—he kept one hand hold of my throat all the time this was going on—when I began to struggle he released one hand—I had an opportunity of seeing his face the whole of the time—I gave information of this to the police the same night—the prisoner appeared to have on a fustian jacket or coat, from what I could see of him, and a smock-frock underneath it—it was not a dark frock-coat; I should call it a fustian coat—I was not quite certain whether it was a fustian coat or not; it had all the appearance of one—I gave a description of the man, as soon as I was able, at the police-station—on the 25th I went to Kilburn with Mr. Thurlow, a builder, and saw the prisoner at work there, with from ten to a dozen other men—I pointed him out, and said, "That is the man that attacked me"—I have since seen my
purse; it was produced by a witness, who found it in a garden—it is the purse that was in my possession on this night—the money was gone, but the other property was in an inner purse inside.
Cross-examined by MR. BESLEY. Q. Is Mr. Thurlow an acquaintance of yours? A. I had not seen him, I should think, above ten or twelve times before this—I went with him to look at some men before we went to Kilburn—I knew I was going with him to look at some men—I believe the prisoner was dressed then as he is now—the policeman to whom I first gave information was the one on the beat in Maitland-park, I don't know his number; he is here—I did not go to the station-house that night, the constable came to my house, and the inspector called next day—I described the man that attacked me, to the two policemen the night previous; I did not describe him to the inspector—I did not see the inspector—I saw the account entered in the books—I believe the entry was made the same night as the attack, I can't say—I did not read the whole of it through—I heard the inspector read part of it through—I believe it was the same description as I had given to the two policemen—the man who attacked me was in front of me the whole of the time; that was about a minute or a minute and a half—there was another man, but I could not describe him—I did not see his features at all—I speak of something in the man's hand from seeing it; it was that that made me struggle more with him—I could not say what it was, it had the appearance of the flash of a knife—I had been to see some friends that night towards Regent-street—I had been waiting for a friend for nearly two hours there—I was only in one house the whole of the evening, for nearly two hours—I don't know the name of the house; it is kept by Mr. Moggatt, in Marylebone-street—that is about two miles and a half from Maitland park—I rode by omnibus from the commencement of Tottenham-court-road to Chalk-farm, and then walked—it was not the last omnibus that I rode by—I have been as late as a quarter to 12 from Tottenham-court-road, so that I am quite sure it was not the last omnibus—I should think it was a few minutes before 11 when I left Tottenham-court-road—I could not say positively the time; it was somewhere about 11—the omnibus takes about twenty minutes going to Chalk-form—I had to walk perhaps 300 yards from the end of the journey to where I was attacked, but I am not quite sure of the distance.
MR. GENT. Q. Were you going direct to your home? A. Yes, which is near there—I was perfectly sober.
EMMA AYLWORTH . I am servant to Mr. Manning, of Maitland-park-villas—On the night of 12th November, about half-past 11 or a quarter to 12, I heard cries of "Police!" three or four times—I was in bed at the time—I got up, opened my window, and looked out—I was awoke by the cry—I saw the prosecutor going by, crying for the police—I still looked out a little while longer, and I then saw two men, one ran one way and one the other—the one I saw was just underneath the lamp-post, right opposite my bedroom window—I can see by that any one that goes past—the prisoner is in the same dress that the man had, that I saw run past the lamp-post, but I cannot swear to his face; it is only by his clothes—I did not see his face—he is about the height of the man—I had no light in my room—next morning when I got up I found this purse in the garden on the pathway.
Cross-examined. Q. I understand you to say that you do not recognize the clothes; it is only from a similarity of clothing that you speak to the prisoner? A. I recognise him by his clothes—he seems to have the same clothes on that the man had whom I saw pass the lamp-post—I can say they
are the identical clothes—my window is four stories high—I was no nearer to the person than that—I had no light in my bedroom—the light showed sufficiently from the gas; my room is quite light from the gas—our's is a twelve-roomed house—the kitchen and breakfast-parlour are partly sunk below the ground—I include that in the four stories—I can't tell the height of the house—there is only one window to my room—there is a very thin curtain to it, and a Venetian blind, but I always have it drawn up to let the light in—I saw the police-inspector next day—I gave up the purse to my master as soon as I picked it up, and told him what had happened—he asked me if I should know the person, and I said I should know him by his clothes, but I could not see by his face—I did not tell my master what clothes he wore, I said he looked to me like a working man—I have always said I could not swear to his face.
STEPHEN CHARLWOOD (Policeman, S 265). On the night of 12th November, I was on duty at Haverstock-hill—another constable called me—I heard another person cry out as well; the cry came from Maitland-park—this was about twenty minutes to 12 o'clock—about a quarter of an hour before that I saw two men about 400 yards from Maitland-park—I noticed them and watched them as they went under the lamps, thinking they were not up to any good—they went down towards the pay-gate leading to Maitland-park—one of the men was dressed up a little like a navvy; the other had a dark dress on—the one who was dressed up like a navvy was dressed very much like the prisoner; he was a tall man—I could not swear to the prisoner being one of the men—upon hearing the cry about a quarter of an hour afterwards, I proceeded to where it came from, with Jordan, another constable—I there found the prosecutor—he was bleeding very much at the neck—he gave me a description of the men—I picked up a piece of watch chain on the spot at the time, and gave it to the prosecutor—it is now attached to his watch again.
WILLIAM JORDAN (Policeman, S 205). I was in Maitland-park on the night of 12th November—I saw the prosecutor running—he told me he had been stopped by two men, and robbed and ill-used, and gave me a description which I gave to the inspector—that was, as near as I could judge, between half-past 11 and a quarter to 12.
Cross-examined. Q. Did he not say, when he gave you that description, that he did not think he could swear to either of them? A. I believe he did.
MR. GENT. Q. What did he actually say? A. I asked if he could identify them, and he said he did not think he could, those were his words—he said nothing else on the subject that I know of.
HENRY HILL (Policeman, S 322). I was on duty at Kilburn on 25th November, and was called by the prosecutor to take the prisoner into custody in the Abbess-road, where he was at work with seven or eight others—the prosecutor pointed him out to me, and said he would give him into custody for assaulting and robbing him in Maitland-park on the 12th instant—he said, "You are wrong this time"—he said, "I will go with you"—he was searched at the station, and I found on him this knife and tobacco-box (produced).
Cross-examined. Q. Were not the words he used, "The gentleman is wrong, but I will go with you?" A. Yes—he did not give any address—he gave the name of George Lines at the station—he did not tell me where he lived—I heard him say he lived in Duke's-terrace.
George's-terrace, Haverstock-hill—I know the prisoner quite well—he has worked for me—at the time of this occurrence he was living in Duke's-terrace, I don't know the number, but it was at a greengrocer's shop—I know the spot in Maitland-park where the robbery took place; that is somewhere about 800 or 900 yards from the prisoner's residence—at this time the prisoner was not in my employ, but was working for some one at Kilburn—I went with Mr. Woodward to Kilburn—I cautioned him particularly to look about these men, and he picked out the prisoner from among ten or a dozen other men—he had previously examined my men—he gave me a description of the man, and I told him I had previously had a man in my employ answering that description, and if he liked I would go with him, and see if we could find out the party who had committed the assault upon him.
Cross-examined. Q. I believe the prisoner had left your service five or six weeks before this occurrence? A. I think it was somewhere about that time—he had gone to work for another master—I did not know where he was working—we had been on pretty good terms during the whole time of his employment—I always found him an industrious, quiet, inoffensive man during the time he was in my employ.
MR. BESLEY called the following witnesses for the defence.
HARRIET WRIGHT . I am the wife of John Wright, a carter, and live at 39, Duke's-terrace, Maldon-road—we occupy the second-floor back room—the prisoner occupied the front room on the same floor—he has a wife and four children; the eldest is a boy of eleven—in November I went to work for a lady at 4, St. John's-gardens—I went there twice in November—I know I was there on the 11th, because the lady gave me some oatmeal—the next day to that on which the lady gave me the oatmeal, the prisoner came home from 5 to 6 o'clock I believe it was—I saw him later than that, between 8 and 9, when he came in, I went in to borrow a saucepan of him—he generally came home about 6—he went out before I went in to borrow the saucepan—he did not go out after that—I went in again somewhere about 9 to take their child some gruel, and I took the child into my own room and nursed it a little time—I took it back again between 9 and 10—I went into the room again from 10 to half-past 10—the prisoner was then in bed—I went in for some matches—I heard the prisoner's eldest boy speak to his father after I left the room; that was about 11 o'clock—the prisoner used to go to work somewhere about 5 o'clock in the morning, I believe.
Cross-examined by MR. GENT. Q. What time was it when he went out after first coming in? A. After he had his tea; somewhere about 7 o'clock—when the boy spoke to him, it was to ask him to call him in the morning for the market—I have heard him ask his father to call him before, several times—the boy goes to market three times a week—I know it was on the 11th that the lady gave me the oatmeal, because I had only worked for her once before—I have a clock in my room—I looked at it; I was expecting the child's mother home—I know it was between 8 and 9 when I went in for the saucepan, because my husband had just come home, and had his supper, and gone to bed—he comes home about 8; he is not here—he went to bed between 8 and 9—he did not hear anything that took place afterwards; he was asleep—I had just gone to bed when I heard the boy ask his father to call him—I had not put out the candle; it struck 11 after I was in bed—the prisoner generally goes out after he has had his tea, and generally comes home between 8 and 9—he is never out much after that unless he is at the teetotaller's meeting; he it not then out after 11—I know something of
police-courts—I have been convicted, I believe, of felony—I was had up twice—the first time was for stealing a table-cloth; the next occasion was on a similar charge—I was discharged then.
MR. BESLEY. Q. Were you a washerwoman? A. Yes, when I was charged with stealing the table-cloth—I had pawned it—my husband knows nothing about the matter—he did not go before the Magistrate; I did, and I stated there the name of the lady who had given me the oatmeal.
COURT. Q. When were you first spoken to about this? A. Not till the prisoner was taken, that was a fortnight afterwards.
JOSEPH LINES . The prisoner is my father—I work for Mr. Stone, who carries on business as a greengrocer, at 39, Duke's-terrace—I, my father, and my mother occupied a room in that house—I have got some little brothers and sisters; there are four of us altogether—I am the eldest—I go to market early in the morning three times a week—I don't remember my father being taken in custody on this charge—he always slept at home—he has been sleeping at home lately; every night I went up he was in bed—he was not sleeping there last night—I go up to bed sometimes about 11 or a little after—Mr. Stone shuts up the shop about 10, after that I go and help him do his horse, and alter that I go up to bed—I sleep in the same room with my father and mother—I tell my father to call me up every market morning—he gets up early, about 5 o'clock, before it is light sometimes.
COURT. Q. What market is it you go to? A. Covent-garden—I go on Tuesday, Friday, and Saturday.
Cross-examined. Q. What time does Mr. Stone generally close his shop? A. About 10 or a little after—I then go and help Mr. Stone do the horse—he used to have two horses, now he has only got one—we do that in the stable; it takes us a little more than an hour sometimes—I am never very late only on a Saturday night—it is sometimes past 11 when I get to bed—my father is always in bed when I get there, and I always tell him to call me—we have a clock in the room, but sometimes it stops—it is always pretty right—I look at it when I come in of a night—I have sometimes found it after 11—there is always a light there—my father never goes out of a night at all, only when he comes home, he has tea, and goes out for a little while, and then he comes home and goes to bed—he goes out to meetings—I don't know what time he comes home then—I am not sometimes in bed first—he is always in bed when I get home—I see Mr. Stone fasten up his doors—the front door he locks, bolts, and puts two great half-hundredweights against it—nobody can get out at the back doors because they are bolted inside—I can always tell the time by looking at a clock; it is a little after 6 now.
MR. BESLEY. Q. Did you sometimes go oftener to market than three times a week? A. Yes; I always go on the same days—I generally go only three times a week, not always on the same days.
WILLIAM STONE . I am a greengrocer at 39, Duke's-terrace, Maldon-road, Kentish-town—the prisoner has lodged at my house over nine months—he occupied the top front-room—I sleep on the first-floor back room—the little boy has been in my employment a little over five months—he generally goes to work about 5, sometimes a little after, sometimes a little before—he comes home about 6 or half-past—I shut up shop about 10, or a few minutes after, and then go and clean up the pony, and see after him, which takes me about an hour—I then fasten up my house—there are two locks, and I put two half hundredweights against it, and bolt it besides—I remember going before the Magistrate at Marylebone, and giving this evidence
—I did not before that ascertain that the prisoner was charged with committing a robbery on 12th November; I heard that said at Marylebone—on the night the robbery was committed I saw the prisoner about 9, or it might be a little after—he came in doors—I saw him go upstairs—I never saw him come down after that—he could not have come down after 11, after I had shut up. without my hearing him—I put the half hundredweights the last thing before I go to bed, after I have done the horse.
Cross-examined. Q. Does it take you more than an hour sometimes to do the horse? A. It might by a few minutes—I have a back door to my house, which goes into the yard—that yard is covered over—there is no back entrance—there is no wall out into the street—it is covered over—you could get over other people's gardens and walls, if any one was so inclined—the back door was fastened inside—I was first spoken to about this, pretty nearly a fortnight afterwards, when the prisoner was taken—I cannot say the date—I did not put it down—I know it was on this night that he came in at the time I state, because I heard there had been a robbery committed in Maitland-park—I recollected it a fortnight afterwards—I have never known him to be out later, except on Thursday and Saturday, when we have gone to a teetotal meeting—it is a teetotal meeting on Thursday, and a harmonious meeting on Saturday.
MR. BESLEY. Q. Did you hear any one come down the stairs after you had shut up that night? A. No; I did not.
WILLIAM SMITH . I live at 17, Darnford-place, Kentish-town—I work for Mr. Yerby, of Kilburn—the prisoner was working for him for three weeks before he was taken—I saw him at work regularly every day during that time—we used to start regularly at half-past 5 from Darnford-place—I am quite sure he was at work every day—he never missed a day for three weeks before this.
NOT GUILTY .
NEW COURT.—Wednesday, December 17th, 1862.
PRESENT—Mr. Ald. Allen; Mr. Ald. GIBBONS; and Mr. COMMON
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .
The prosecutrix stated that there were three men with the prisoner, who also attacked her; and that the prisoner had had three weeks' imprisonment for striking her daughter with a shovel five or six months before.— Confined Six Months.
There was another indictment against the prisoner for robbery.
MR. LILLEY conducted the Prosecution.
SUSAN OSBORNE . I am married, but my husband has run away from me—I have been living with the prisoner as his wife for the last three months—on Saturday morning, 13th December, between 10 and 11, I got out of bed to dress myself—the prisoner had passed the night with me, and was standing in the middle of the room—my little boy, a son by my husband, opened the door, and said, "Mother, the young man has come to take your shawl out of pawn"—the prisoner then took my pocket off a chair, and took out my purse with all my pawn tickets in it—he put them in his pocket, and said, "You shan't have no shawl, and you shan't have no mantle, if that is the case"—I said, "Give me my pawn tickets, Joseph?"—he said, "I won't"—I asked him again, and he said, "You shan't have them"—I was going to put my hand in his pocket to take them out, and he took up this poker from the fireplace, got me back in the corner, and said, "I will kill you; I will kill you; I will be hung for you yet," and struck me three or four times on the head with it—it cut the side of my head, and cut my eye, which bled very badly—I screeched, "Murder," and the neighbours came down stairs—I was taken to a surgeon bleeding awfully bad—I fancied I was killed—this is the instrument he used, (A fender standard for fire iron)—it was straight before—this was last Saturday—here are my wounds.
Prisoner. Q. Did not you take it first, and strike me with it? A. No; I did not strike you at all—I did not pawn your boots—you did not give me the pawn tickets; if you had there would have been no row—I have known you four years—I lived with you as your wife three months the last time—I have lived with you several times before—you are jealous of everybody—I did not desire to get you into prison, or I could have done so before—I ran away from you because you served me so bad—you broke my thumb the night before, so that I could not move it—I did not call you names all the morning, or take you by the whiskers or hair—I told you I wanted you to keep away from me, and wanted nothing to do with you at all.
FRANCES CANNAN . I am the wife of Thomas Cannan, a cabinet maker—at the time of this occurrence I lived at 101, Long-alley, next door but one to the prisoner and prosecutrix—between 10 and 11 in the morning I heard the cry of "Murder" and "Help"—I was up at the top of a friend's house, and it seemed to come from the prisoner's room, the second floor back—I ran down, found the door open, and saw the prisoner—he had got the prosecutrix up in a corner: one hand was on her throat, and he had this poker in the other, with which he was beating her most violently—I said, "You good for nothing vagabond, you will murder the poor woman"—with that he ran at me, and was going to strike me with it, but I took it out of his hand, and he ran down stairs—the prosecutrix was bleeding most furiously from her head and eye—I took her to a surgeon.
Prisoner. Q. Did you see me strike her? A. Yes—I took the poker from you, and Mr. Coley of the adjoining room, took it into his room, and kept it till it was given to the police, in my presence—the door was not shut, the little boy opened it—I have only come here to speak the truth.
MARY ANN ROBINSON . I am the wife of Samuel Robinson, a scale-maker, and live in the top room of the same house as the prosecutrix and the prisoner, over their head—on 13th December I was up stairs at needle work, and heard a great scuffling in the prisoner's room, and heard a female voice scream, "Murder," two or three times—I ran down to the prisoner's room, and saw him beating her on the head with the poker—the door was open—he had one hand on her throat, and this instrument in the other—I said,
"Pray do not beat her like that, you will kill her"—a person knocked the poker out of his hand, and I picked it up, and gave it to a person in the next room.
Prisoner. Did you see me strike her? A. Yes; on the head, and I saw the blood pouring down.
JOHN BROWN (Policeman, G 218). The prisoner was given into my custody in White Lion-street, Spitalfields—the party who gave him in charge said, "You have killed the woman"—he said, "All right"—I took him to Spitalfields-station, and the prosecutrix came and preferred the charge—I received this poker from Mrs. Robinson.
Prisoner's Defence. I am very sorry, this is the first time I have been here, or in a police-station. This was done after some angry words, and I am very sorry for doing it.
GUILTY .— Confined Eighteen Months.
MR. GENT conducted the Prosecution.
JANE MARRIOTT . I am the wife of Henry Marriott, and live at Botany-bay, Enfield—on 1st December I went to bed at ten minutes to 10 o'clock—I fastened all the doors except the back door, which I left for my husband, whom I expected home—there were 81bs. of pickled pork in the kitchen, and some bread in the cupboard—after I got into bed and put the candle out, I heard the garden gate open and shut—persons can go round to the back from there—I got out of bed, went on to the staircase, and said, "Is that you, Henry?"—no one answered, but I saw the prisoner go out at the door—I knew him, as he lodged with us for two years up to the week before, and I knew him before that—I put my dress on, went down, and missed the meat and the bread—it was moonlight—the cupboard door and the house door were both open, and the moon shone on him.
Cross-examined by MR. KEMP. Q. There was no moon on 1st December, was there? A. Yes; it was a bright moonlight night—our cottage has four rooms, two above and two below—the pork was in the back kitchen—I sleep over the front room—the stairs go straight down from the bedroom to the kitchen—there is no door to the staircase, but the house door is at the bottom of the stain—I was standing two stairs from the top—there are about nine stairs—I could see all over the kitchen where I stood, and I could be seen from the kitchen—the prisoner did not answer me; he simply went away—there was no light in the kitchen—there are no shutters—the blinds were down in the front kitchen—my husband is frequently late—he is a labouring man—he came in between 11 and 12 o'clock—I did not go out before he came home—I did not give information till the morning.
MR. GENT. Q. Had you a candle on the stairs? A. No.
HENRY MARRIOTT . On the night of 1st December I was at Stokes' public-house, Ridgway-road, about a mile and a half from where I live—I saw the prisoner there—he left before me, and when I got home I missed my pork—my house is in the parish of Enfield.
WILLIAM FISHER (Policeman, S 337). On the morning of 2d December I received an account of the robbery, and a description of the prisoner—I took him at Stokes', and told him the charge—he said he had never had it—on the way to the station he said that he did not care a b—if he got a mouth.
GUILTY .*— Confined Six Months.
MR. RIBTON conducted the Prosecution.
MATTHEW PITMAN . I live at 49, Gooch-street, Tottenham-court-road—on 20 November I went to bed at half-past 11—my premises were then quite safe—Mrs. Blake and her friend disturbed me about 1 o'clock, and I found my parlour window on the ground floor open—it opens into an area—the shutters were broken off, and lay in a chair—they were inside shutters, fastened with an iron bar—whoever got in got in by the window—neither the area nor the street door were open—nothing was taken away.
MARY JENKINS . I live at 82, Charlotte-street, Fitzroy-square—on 20th November I went to Mr. Blake's, John-street, Gooch-street, to spend the evening—she lives opposite Mr. Pitman—I left at about a quarter to 1—I was stepping off the pavement to cross the road, and saw a man outside Mr. Pitman's window putting it down, and another man close by—the prisoners are the men—I went back to Mrs. Blake, who came out with me, and the prisoners were then scrambling over the railings into the road—I saw Brown come off of the window-cill—when I first saw him he was standing on a bar that goes from the iron railings to the house—they got over the railings, turned the corner, and I lost sight of them.
Brown. It is impossible for the woman to recognise me. There is room there for two vehicles to pass. Why were we not put with some more prisoners? I say it is false.
COURT. Q. How far were you from them, as far as you are now? A. About the same distance—Mr. Blake's shop window was open, right opposite, with the gas full on, and the lamp at the corner of the street, shone on them.
JANE BLAKE . I live opposite Mr. Pitman—on the night of the 20th the last witness spent the evening with me—she left about 1 o'clock, and then came back and said something—I went out and saw the prisoners get over Mr. Pitman's area rails on to the pavement, coming away from the house—they ran to the corner, and Johnson stood with his face towards the light, and I distinctly Raw their faces—I knocked at Mr. Pitman's door, and them ran after them—I saw no more of them that night, but on Saturday night I saw Brown going down Tottenham-court-road—I gave a description of them to the police, and saw the prisoners in custody on Monday, at George-street Police-court—there was another one with them, and I pointed out these two—I am quite sure they are the men.
Brown. Q. When you were brought into the police-court we were the only two prisoners there? A. There was another there, a little one of about nineteen or twenty, shorter than you.
JOHN BURJESS (Policeman, E 83). I was on duty in Gooch-street on the night of the 20th, and between 11 and 12 o'clock saw the prisoners go towards Mr. Pitman's window and look at it—there had been a clock window next to it—I looked at them that I might know them again—they crossed the road, and I followed them, and looked at them again, and have no doubt they are the men—I saw no more of them that night—Mr. Pitman's premises were secure then.
WILLIAM FRANKLYN (Policeman, E 20). On 23d November, after the prisoners were apprehended, Sergeant Ryan gave me this small crow-bar (produced)—I took it to Mr. Pitman's house, and compared it with some marks on the window-cill as of a crow-bar forcing up the window—it fitted the marks,
and I found a groove in the paint corresponding with this notch in the crow-bar—there was only one mark on the window, but several on the shutters—this crow-bar exactly fitted them—the shutters had been broken off, but when I saw them they had been put up again—the notches in the crow-bar exactly corresponded with some notches in the paint—the window was outside the shutters, and had been, I imagine, forced up by the crow-bar—I found no marks inside the house.
LAURENCE RYAN (Policeman, E 15). I took Brown on the morning of the 23d November, in Cumberland-street, Fitzroy-square—I had received a description from the sergeant who was on duty on the 21st—I also had a description of the prisoners from Mrs. Blake, on Friday morning, the 21st—I took him to the station, searched him, and charged him with having housebreaking implements in his possession in Tottenham-court-road, and also with assaulting me with a jemmy, and breaking my hat to pieces—he said nothing—he had assaulted me before I apprehended him, but on the same morning he struck me on the head with this crow-bar the moment I came up to him—it appears that he had escaped from Lambert—he threw away the jemmy and ran away—he was stopped by Mr. Foster—he cut my coat at the same time, when I put up my arm to save my head—I had him in custody seven or eight minutes after he struck me.
Brown. Q. Did a woman pick up that iron thing, and give it to you in the road? A. No, it was given to Lambert—you got away after you struck me, and I recovered myself and followed you—the policeman who apprehended you is not here; he only assisted me—you stated before the Magistrate that I struck you on the nose with a bunch of keys at the station, and the inspector contradicted it.
MR. RIBTON. Q. Was this crow-bar handed to Lambert? A. Yes; I did not pick it up for fear of losing Brown.
JOSEPH LAMBERT (Police-sergeant, E 12). I took Johnson, on another charge, on the morning of 23d November, in Tottenham-court-road—I had received a description of him from Mrs. Blake—I said nothing about this charge.
Johnson. Q. Do you say I dropped a jemmy or crow-bar? A. You dropped a crow-bar and a dark lantern when I was struggling with you.
JOHN FOSTER . On the night of 23d November I saw Brown in Upper Charlotte-street—I was going into my lodgings, heard a person running, and Brown passed me, running fast—in about a minute I heard a policeman cry out, "Stop him"—I ran after him up another street or two, and just as I came up to him I told him if he did not stop I would knock him down with a stick which I held in my hand—he stopped—a policeman came up, and I gave him in custody.
Brown. Q. You were not near me; did not two policemen take me into Tottenham-court-road? A. No—I did mention knocking you down, and you would not like me to have tried.
Brown's Defence. Gentlemen, it looks very strange for Sergeant Lambert to take another man, and that we should both get away on a Saturday night. I want to know what he was doing for us to get away? This case is got up by the policemen.
Johnson's Defence. I have nothing to say.
GUILTY of attempting to commit a burglary.
MR. RIBTON conducted the Prosecution.
JOSEPH LAMBERT (Police-sergeant, E 12). On the morning of 23d November I was in Tottenham-court-road—I saw the prisoners at about half-past 12 o'clock at the corner of Frances-street—I was on the west side towards Oxford-street—they walked towards Oxford-street, and I was four or six yards behind them—as they were crossing the end of Chenies-street they met a man coming in the opposite direction—Johnson said to Brown, "Here's a chance"—Brown said, "Let the old b—go, he has got no super"—that is a slang word which thieves use for a watch—at that instant I crossed the road to the corner of Gooch-street through hearing those words, and both prisoners stopped at the corner of Chenies-street for ten minutes—the person they spoke about passed on—I placed myself in a doorway out of their sight—they then walked backwards and forwards from the corner of Chenies-street to Frances-street four times, and the fourth time they met a man midway between the two streets—Johnson caught hold of him by the collar behind, and Brown in front—the man immediately cried out, "Police," and "Don't rob me"—as soon as they caught hold of him I sprang across the road, and took them in custody—I was so close on them that they let go immediately, and they made off—I pursued them—they turned down Tancrill-street, where I lost sight of them—I met Sergeant Ryan, told him what I had seen, and we went together to find them—he was in uniform, but I was in plain clothes—after searching about for half an hour I saw them at the corner of Chenies-street, Tottenham-court-road—I crossed towards them—they walked on, and in my crowing the road I met them—I immediately seized them, one in each hand—Brown caught me by the throat and got away from me—I tussled with Johnson, and he dropped a jemmy and a dark lantern—a woman came up at that instant, picked them up, and went away with them—Johnson said, "You b—, if you do not let me go I will knife you"—a private gentleman came up, and I begged him to take hold of one hand, which he did, and assisted me to the station with him—he is not here—I am certain the prisoners are the men I saw assaulting the gentleman—Ryan went after Brown.
Brown. Q. If you were at the other side of the road, do you think it likely you could hear the gentleman say, "For God's sake, do not rob met?" A. Yes.
Johnson. If a man was garotted, would not he come down to the station, and would not the sergeant take his address? Witness. I did not stop to do that—I pursued you, and while doing so the gentleman went away—I naturally expected that he would go to the station.
Johnson. If ever I get hold of you for a few minutes I will swing outside here for you. (Throwing a heavy boot at the witness, which missed him: upon which both prisoners were handcuffed.)
LAURENCE RYAN (Police-sergeant, E 15). On the night in question Lambert made a communication to me—I did not see the assault on the gentleman, but I was with Lambert when he pursued the prisoners—I lost sight of them, and came up to them again—I saw him take them, one with each hand—I kept away, being in uniform—I saw Brown escape, and went after him—he struck me across the head with this iron bar, and smashed my hat to pieces—I had actually taken him; I had put my hand upon him—the blow stunned me, but I afterwards pursued him, and found him and Mr. Foster together—I took him in custody.
Brown. Q. How could you pursue me, you were in Tottenham-court-road when I came there? A. I brought you there.
Browns Defence. I was in Tottenham-court-road, and the sergeant took me in custody. If that man dropped a jemmy it is very strange he should not pick it up. This case is entirely the policemen's making up. It looks very bad that the gentleman should get away, and we should get away too. Sergeant Ryan never took me at all; it was two other officers.
GUILTY .*†— Fifteen Years' Penal Servitude.—The Court directed a reward of 2l. to the officer Ryan, and the Jury expressed their admiration of Mr. Foster's conduct.
MESSRS. SLEIGH and DALEY conducted the Prosecution.
JOHN HENRY DIXON . I live at 5, Little Chapel-street, Westminster—on the 19th November, 1861, I was in Mr. Cowen's surgery, Rochester-row—Mr. Cowen, Mr. Baldock, Mr. Rikey and the defendant were present—Mr. Cowan said that he had been fleeced by various lawyers, and that he hoped Mr. Pounds was a regular certificated attorney—Mr. Pounds replied that he was of forty years' standing or practice—Mr. Rikey said, "Yes; and his opinion is looked up to with deference by various members of the Bar, and his name in the profession is termed the walking book of statutes—I saw Mr. Cowen take a receipt which was written by Mr. Pounds—Mr. Cowen then went into the back surgery and brought out some money, which he gave to Mr. Pounds—I do not know the amount—I did not see the receipt that evening—that was all that passed to my recollection.
Cross-examined by MR. METCALFE. Q. How came you to be there? A. I was attending Mr. Cowen as a patient—I was suffering from rheumatic gout—I was there simply as a patient on that occasion—I have been there in another capacity—I am very often there; not every day—I am a near neighbour and an invalid, and I go in there occasionally—I do not assist him in his business, I am no doctor—I write letters for him occasionally—he occasionally has a quantity of placards in front of his shop.
Q. And has had for the last ten years? A. He has not for the last three months, not during these proceedings, but up to that time he had—they are announcements of his opinions—I am not a judge of whether he has announced his opinions of the Queen and Prince Albert and the rest of the Royal Family pretty strongly—I write the papers for him, decidedly—I ought not to answer whether they reflect upon Prince Albert—he lives at the corner of Rochester-row, very near the Grey-coat School.
Q. Large placards and pretty little pictures? A. Not particularly large—this (produced) is a photograph of one—it is a reflection on the Medical Bill—I cannot say whether there is something about procuring abortion for Lord John Russell—it is a photograph of one of my drawings—I have been acquainted with Mr. Cowen fourteen years—I have not been drawing these things all that time—it may be eight years since I tried my hand at it, but very few things have been done during those eight years—Mr. Cowen was not prosecuted by Government for the pictures or for the writing, but for giving away 30l. worth of food on the fast day—the indictment was for breaking the peace on the fast day—he had fifteen months—I do not know how long ago that was; he was in prison for twelve months, but I do not recollect the date—he pleaded guilty to exhibiting this paper, under Mr. Serjeant Parry's advice, but the merits of the thing were not gone into—I decline to answer whether I drew up the paper which he pleaded guilty to exhibiting—it will not incriminate me—I do not know the paper he was
indicted for, but I object to answer the question—I remained at Mr. Cowen's after Mr. Rikey and Mr. Pounds left—they were there when I arrived, and they remained about three-quarters of an hour, because we went over the way and had a little refreshment—I have seen Mr. Morriss, the attorney, there, but never before this transaction—I think the first time he came was after last Christmas—I am speaking of the 19th November; I think he came shortly after that, but I will not be certain, because Mr. Cowen, after finding that a person named Morriss was entered on the brief, got me to write to every person named Morriss in the Directory of 1859, and Mr. Morriss of Beaufort-buildings, was not in the Directory, and had no letter sent to him—I received a letter from Serjeant Pigott's clerk, in consequence of which I found out Mr. Morriss, and he has since that been there frequently—he is, I believe, the attorney for the prosecution—I do not know it—I appear on recognizances from the police-court—Mr. Cowen came for me to go there—Morriss was there—I went to the Sheriffs' Court—I do not think Pound or Rikey were there—I went there as a witness for Mr. Cowen against Mr. Pound—I was not aware that Serjeant Pigott's name was on any trial of that sort—I was not aware that Serjeant Pigott was a defendant, but I am now, because Serjeant Pigott sent a distress into Mr. Cowan's house for costs—Mr. Morriss was present, but I do not know whether he was the attorney—I went to Lambeth Police-court—Mr. Morriss was not the attorney there—no one was attorney—an application was made there for a summons against Mr. Pounds, and it was granted—a second application was made there, and Mr. Elliott dismissed it, and Mr. Pound was taken in custody—these envelopes (produced) are all in my writing.
Q. And you say you did not know that Serjeant Pigott was a defendant; did not you send these through the Post-office with this inscription upon them? A. This was after the trial at the Sheriffs' Court, and after the distress was put in (One of these was addressed, Mr. Serjeant Piggott, M.P. and superscribed "Cowen v. Serjeant Piggott and other")—I did that under Mr. Cowen's instructions, for the letters to be more readily taken up and looked at—I do not mean to deny that it was for the purpose of calling public attention to the fact that there was an action against Serjeant Pigott—a report of the proceedings has been stuck up in the garden in front of the house—there is also, I believe, a placard about Commissioner Kerr, who tried the case at the Sheriffs' Court—I do not know whether it spells his name rather differently—I did not assist Mr. Cowen in bringing an action against the Judge of the Westminster Court—I had no means of assisting him—I was not a witness, I was present—I wrote no part of the proceedings for him—I very likely stuck up the Judge of the Westminster County Court in the garden—I do not know Mr. Ribton, or whether he was instructed to prosecute at the police court—I have not stuck up Mr. Ribton and Mr. Daley, who is now my counsel, in the garden, nor have I seen them up there, but there are a great many gentlemen of the bar up, and one may be mistaken for another—they are caricatures—perhaps my Lord and you will go up in the garden afterwards—these letters (produced) are my writing.
JAMES COWEN . I am a chemist and druggist, of 3, Great C—street, Westminster—in 1859 I became acquainted with Rikey in prison, and when he came out of prison he called on me; that was about December, 1861, as near as I can recollect—that was a week or ten days, I think, before I paid Mr. Pounds—he was very kind to me when I lost the use of my arms in prison, and I told him if he came to me when he came out I would put him right—he found out that I had something to do with Government, and he
said, "I can recommend you to a first-rate lawyer, a walking statute "—it is no laughing matter, for I have been fleeced out of 300l. by it—he afterwards came, accompanied by Pounds, and I said, "Is this the man you recommend to me? is he a certificated lawyer?"—the prisoner said, "Forty years standing"—and the other said, "A walking statute, and a good many counsellors in the Court take his opinion"—I said, "Who is your counsel?"—he said, "Serjeant Pigott"—I said, "I have two objections to him, one is, that he is a Government man, and this is a Government prosecution; and the next is, he is too high for my pocket"—he said, "I will take that in hand; it was me that got him in for Reading, and got him his silk gown at Cadgers Hall"—he said he should require 5l. 7s. 6d. I think it was, so much for himself and clerk—I paid him 5l. 5s. and half a crown for drink—they both gave me this receipt, and it is signed by both—(Read:"19th November, 1861. Received 5 guineas for mandamus in the above case for former mandamus. I am security that the above is appropriated to the object. John Rikey.")—I afterwards paid him various other sums, about 90l. altogether—no proceedings at law were taken to my knowledge, but they said that Serjeant Pigott moved something—I never got a mandamus or anything for the 300l. it cost me—I make it 300l. because I have had every obstacle that could possibly be made to prevent justice being done to me—I paid 12l. for fees in the Sheriffs' Court, and then they told me that I was in the wrong shop, and I do blame Government for not taking it up, for they have sold the bed from under me.
Cross-examined. Q. In the Sheriffs' Court you did not claim 90l.? A. No; because they told me I could only claim 50l.; but they took 40l. out of me—I was forced to make up a bill in some way or other—I claimed 50l. including loss of time and drink—I could not go further—the goods supplied to Pounds and Rikey were drugs, and scents, and soaps; it came expensive, I can tell you; but I do not blame this man, I blame Serjeant Pigott for it all—I should not have given this man 1d.—I could have put in more than 50l. at the Sheriffs' Court, but I had a parcel of swindlers to deal with: you have got a man before you now who has done the greatest service to his country—I cannot recollect how much I claimed in the Sheriffs' Court as cash paid—a great deal of that 50l. was for loss of time, and goods supplied, and drink—there was another bill at Westminster, besides the 5l. 5s.—this (produced) is the summons, and there was 12l. besides—there were two summonses, one for false pretences, and one for conspiracy—the Judge told me that I could not make any more claim, because I had got no more receipts; but you have got a claim for 12l. more—they said that I could not charge 12 guineas, because it was not receipted—I made a charge of 90l. at the police court; but they told me that as I had no receipt but for 5 guineas, I could not claim any more—there was then a second summons; that police court cost me 50l. to get that man there—I do not include that in the 90l.—I got a summons at the Lambeth Police-court, and what was the result? when I went in they all fell laughing at me—I have a good many of you lawyers in my little garden: it pleases me, and I do like to please people—I got into prison for it nine times, not for these little placards; that was for looking to the rights of the people—they never could give me a trial, it has cost me 1,000l. to get this trial—Serjeant Pigott charged me 45 guineas, and then wanted me to plead guilty—I took Mr. Ribton to the Police-court; he deserves it: Mr. Daley knows all the case; I paid 16l., Mr. Daley got well up in the case; and then I understand Mr. Ribton said, that if he took
it he would never give him another brief, and that cost me another 5l., and here is the receipt—I did not go to Mr. Ribton and Mr. Daley, and threaten to indict them, but I do say that Mr. Ribton is no gentleman—I had to pawn everything to pay him—he said that if he took my case up on account of Serjeant Pigott, he would never give him another brief—this is what Smith tells me—I told the Judge, who tried the case at the Sheriff's Court, that it was the greatest rascality that ever was—Sir George Grey is an old woman—the Government is not worth that (Snapping his fingers)—I told them I had to pawn and pledge everything, to my very bed I laid on, and they would not assist me—I was going to indict Sir George Grey, and he deserves it; I do my duty, and he ought to do his—I work fourteen hours a day, and I thrive on it—I am not very bad—I lost my pension at Chelsea Hospital, but it never did me any good; I gave it away, and more that, I gave 30l. away on the fast-day, and they locked me up for fifteen months—Serjeant Pigott got his 45l. for telling me to plead guilty—I went down to the Bail Court, and directly Serjeant Pigott saw me, he packed up his papers and went to another Court—I did not go to the Bail Court to see the brief given to Serjeant Pigott; I saw him in his chambers with this man, who calls himself a lawyer (there are eight warrants out Against him now), but I never saw the brief—I had a conversation with Serjeant Pigott about moving for a mandamus, and he said that he would do his best for me—he told me that it would be discharged with costs if he did move, but that was not his business—there is a man behind you who says he will produce Rikey, but it is a mob of swindlers throughout—I have heard that Serjeant Pigott did move; I do not know it—I had such a handful of swindlers I did all I could to get out of their hands, but they threatened me with eight yards of letters, and I thought it was time to give it up—they wanted 1,000l. to give up the papers—if I was a bad man, Palmerston would not have written me these letters, but I told him, though he was a Lord, he was a long way from heaven, (Exhibiting several yards of letters pasted together)—I put all the letters into this bill, and sent it to Lord Palmerston, saying, "Now, my earthly lord, put that into your pipe and smoke it"—that was after my spending 2,000l. in trying to put an end to the war—I did not indict Lord Palmerston; who could touch him?—I issued the affidavits, and paid 3s. 6d. for eight of them, and they were no use at all—these (produced) are some of them; this is my signature—Mr. Morris's name was torn off this brief (produced) at the police-court, and a man has signed his name here whom I never saw in my life—I cannot read, but I can spell pretty well—I do not think I had a second lawyer—I had great expense to find him out—he is not my attorney now; he cannot be, because he is a witness, and I have had to pay 5l. for another man—he is a man in Rochester-row, Mr. Smyth—Mr. Morriss was the attorney at the Sheriff's Court, where the Judge behaved so had to me, and also at the Lambeth Police-court—Mr. Smyth advised me to take out proceedings for the conspiracy, and Morriss took out the other—Morriss instructed Mr. Ribton and Mr. Daley; Mr. Ribton got well into the case, and if he had been allowed to go on, it would have been better for my pocket.
MR. SLEIGH. Q. I hope you do not intend to caricature me or indict me? A. I have not come to that yet; I hear you are a clever man, but I never saw you before—I never had a trial for these caricatures or libels, and never was in prison, except forgiving 30l. away on the fast-day against the Queen's letter—I said nine times, but that was for bringing things to light—after, seeing Serjeant Pigott at his chambers, and being advised by him, I paid the prisoner from 50l. to 60l.—it is from seven to eight months since I saw
Morriss for the first time—on no occasion would I have parted with a double, not a penny-piece unless I had believed Pound to be a certificated attorney.
MR. METCALFE. Q. Did you move the Queen's Bench yourself? A. Yes; I moved five times, I have been before every Judge of it, find never got any satisfaction; I moved five times at great expense, after Serjeant Pigott told me he would not move, and then I wrote a letter to the Lord Chief Justice, who got in a passion, and would have nothing to do with me.
EDWARD CHARLES BALDOCK . I am a chemist, of 37, Fish Street-hill—on or about 19th November, 1861, I happened to be at Mr. Cowen's house, in Westminster—I saw him, and saw Mr. Pounds and Mr. Rikey in conversation with him—they were there when I arrived—the conversation was about some proceedings Mr. Cowen was about to institute against the authorities of Chelsea Hospital for the restoration of his pension—Mr. Cowen said that he had been so mixed up with law and swindled, that before he parted with his money he should like to know whether Mr. Pounds was a certificated attorney—Pounds said, "I am a certificated attorney of forty years' standing," and Mr. Rikey said he was a walking book of statutes—Mr. Cowen asked him what counsel he intended to employ—Pound said, "Serjeant Pigott"—Mr. Pound said, "I have two objections to that; first, he is a Government man, and this is a Government case; and he will be too expensive for me—Pounds said, "You need not have any apprehension, I have got him under my thumb—it was I that got him into Reading"—Mr. Cowen went into his back surgery and got several sovereigns, and gave them to the prisoner—I do not know how much.
Cross-examined. Q. You have been repeating this little tale pretty often, I suppose? A. I repeated it at Westminster Police-court, before the Magistrate—I did not repeat it to Cowen—I have not been over it with Dixon—I go there almost daily, and remain a good part of the day—I have been in business fourteen years in Aylesbury-street, Clerkenwell, and have been out of business for a year, because I failed—Cowen commissions me to buy drugs for him—I buy them at wholesale houses; if ho gives me an order I execute it—I am partially in his service; he pays me 7s. a day—I had done business with him for a year or two before I failed—I went into his service a few days after I failed—I did not write any of the placards; I do not know who the draughtsman was—I have seen placards up, but know nothing about them—I swear I do not know who writes them—I have seen Mr. Dixon writing, but I never saw him writing a placard—I have seen him write letters at Mr. Cowen's dictation—I do not make little suggestions; that is not in my line—I was subpoenaed to the Sheriff's Court and to Lambeth on one or two occasions, and to the Westminster Police-court—Rikey used to be there very often—I did not know Mr. Cowen at the time Pounds came out of prison—Rikey came far more frequently than Pounds, but ho was often there before Pounds came at all—I never saw Rikey do anything—I have not seen Morriss there; I only know him since the proceedings have been taken, and have not seen him above half a dozen times in all—I saw him at the Sheriff's Court and at the Lambeth Court—he did not gowith me—it knight have been six or seven times, I do not know—I had been there about half an hour when the conversation occurred—Dixon was not there when I went; he came in shortly afterwards—no other papers were given up when the receipt was given—only one paper passed that I saw.
—I have searched the books of the Law Institution, and do not find the name of Charles Pounds as an attorney—I did not authorise the prisoner or Rikey to attach my name to briefs, nor did I authorise my name to be used to deliver a brief to Serjeant Pigott.
Cross-examined. Q. Did you never use the prisoner a your clerk? A. No; you will please to put in a piece of paper which you have got—I was once unfortunately a prisoner in Whitecroas-street—there was an appointment at 12 or 1; I could not go: the prisoner came in, and I asked him if he could manage to go before Sir Archer Croft, and I gave him an authority to go, which you have got This being produced stated, "As I cannot attend before you, being confined at the suit of the prosecutor, I shall be obliged if you will hear Mr. Pounds, my clerk, and postpone it for a week"—I never did employ him as my clerk in the sense of the word "clerk" or paid servant, from day to day—I mean, I never employed him regularly—I called him my clerk, but that did not authorise him to put my name to paper—the date is May 27,1861—I have seen this letter (produced) before; there is nothing in that—I have not employed him to act as my clerk in all sorts of legal matters, and paid him—I have asked him questions on legal matters; but as to employing him, I did not—I did not use his services except gratuitously; that was during the time this correspondence runs over, and these sums are all I paid him—I have looked through these papers; they do not extend pretty nearly through 1861.
Q. Just read the dates, I think you will find almost every month in 1861? A. Allow me to tell you Mr. Pounds was clerk to Mr. Hyatt, of Lincoln's Inn-Fields, and not my clerk—I employed Mr. Hyatt, and I have his receipts for money paid him—I did not use the prisoner's services—I employed Mr. Hyatt, and I paid Mr. Hyatt—the first of these letters is directed to Rikey not to Pounds—I cannot say that here are letters addressed by me to Pounds about business going on in my office, and asking him to attend to certain details of it—I have not been in Whitecross-street so many times as your client behind you; my opponent—I think it is twice, and he has been three or four times a year—I was a bankrupt thirty yean ago, as a coal merchant—it was in 1839—I was not insolvent three times in one year after that, or twice in one year—I was insolvent in 1854, 1857, and 1860—the last time was for your client behind you, for 4l. 11s. on a fictitious action which he brought against me—I have been insolvent four times besides my bankruptcy, and the last time was in 1861, for 4l. 11s.—I went to Scotland once, but I cannot see what that has to do with it—I suppose I went there to take the benefit of the Act—I was in York Castle in 1860, at the instance of your client; you are no doubt here to do the beat you can for him—I have not seen the affidavits or the brief in this case—the name of Mr. Morriss is endorsed on these briefs, but he had no right to do it—it was not by my authority—I did not advise the proceedings in the Sheriff's Court—I was subpoenaed there, and when I got there they asked me to turn advocate, which I did as impudent as you are now—I was brought there by subpoena, and then conducted the case as attorney—I was the attorney at the police-court, because the prosecutor had no attorney, and I was paid for it—I was not there the first time—there were two or three applications before they found out where my residence was—I did not take out these two summonses at Westminster Police-court, but I was there as a witness—I made the application, and in doing so I charged the prisoner with obtaining five guineas by false pretences—that was on Cowen's authority—I was not present when the application, as to the conspiracy summons, was made
—I gave the brief to your friend, Mr. Ribton, with three guineas, and I gave him another brief against your client there, and he advised me to take a draught, and go home for a couple of days and compose myself—I did not—I did not tell Cowan that I had given Mr. Ribton sixteen guineas—Mr. Ribton is here to speak for himself—I know that the summons for conspiracy was for five guineas only, Mr. Paynter, the Magistrate, took the receipt in his hand, and said that it had better be framed for conspiracy, and that the charge must be for five guineas—you have got the memorandum there: no, his Lordship has got it—I have no previous memoranda among the papers, I never heard of any more—here is one (pro-duced by Mr. Daley)—it is for 5l. 5s., and 10l. 10s., for moving for a mandamus, and is Rikey's writing, and this is Rikey's writing on the back—I know his writing, because I have got about twenty letters here—I have served a writ for him—I never did anything more—I talked the matter over with the prisoner, and he attended to it on Rikey's part, not on mine—here is the indictment upon which he was sentenced at this Court—Pounds did not draw this—it is Rikey's writing—he worked for Pounds, not for me—Rikey was not my client—I only issued the writ—I delivered these instructions (produced) to Mr. Gibbons, the pleader—that was twelve months before—I certainly ought to have scratched this out—I wrote to him, "This man is annoying me; do get his case done that I may get the declaration drawn; "because Pounds was acting for Rikey, not for me—I had issued the writ, and I wanted the declaration, and these are the instructions which he gave me.
Prisoner. I never saw him till he brought Rikey to me.
MR. METCALFE. Q. "The appointment for you to go to Mr. Pounds tomorrow evening, Friday, cannot possibly be attended to"—what did you mean by that, if he was the friend of Rikey? A. He acted as the friend of Pounds—they wanted me to go there to talk the matter over, but I could not afford the time—Rikey thought that if his attorney at Newcastle had called witnesses he would not have got two years' hard labour; that is the pith of it—I told him not to keep the appointment with his own friend because I could not come—I could not bring him four or five miles, and I not be there.
Q. You say that this man never acted as your clerk, here is, "Johnson v. Burridge, notice has been delivered; I shall be at the Queen's Bench at 11 o'clock; do not fail to be there at that hour;" and again, "Self at suit of Edwards. Bring the papers with you, or write them. I hope you have drawn the case for the pleader to draw the declaration from" I thought you said he had no right to put your name? A. All I say is that he was not my clerk, and all your talking will not prove it—Self is me—he used to bring the papers though he was not my clerk, and I have given him a glass of grog, and he has said, "How do you get on with so and so."
COURT. Q. How came he to have the papers, if he was not your clerk? A. When I met him in Fleet-street he used to ask me to let him have the papers, and he could give me some insight into it—he is clever—he is a good lawyer—he does know something about the Statutes.
MR. METCALFE. Q. Why was he to meet you at the taxation of costs? A. Because he said, "Mr. Hyatt has not got his certificate, and would you mind his sending the costs to your office, and let me know by a penny note;" and I took the costs and wrote him a note—it was only to benefit him.
Q. Here is "29th June. Do not fail to have the affidavit ready at 1;" and again iu July, "Bring all the papers with you, particularly the writ of
summons;" and again, "You can deliver declaration," do you mean to say be was not your clerk? A. No; he was not virtually my clerk—I gave him plenty of grog—I was very lax, and I dare say I wrote on 20th September, "I shall be at Beaufort-buildings if you want to see me;" and also, "Bring this with you that I may get on with it"—if he delivered the declaration, in that case it would have my name on it
Prisoner. I acted for him throughout because he was incapable of doing it.
MR. METCALFE. Q. Did you deliver a brief in Burridige and Johnson with your name endorsed? A. No; but I understand the prisoner did—I called in at Guildhall on the day of the trial, as I usually do when I am in the City and trials are on—Mr. Hyatt was the attorney, not me—this is wrong; he has made oat his bill of costs, and received it—I was there at the trial when Serjeant Pigott held that brief, and Mr. Hyatt was there—he was the attorney—Pounds was there—I did not see the brief that was delivered to Serjeant Pigott in this case—I did not attend the taxation, but I forwarded the bill of costs to him that he might attend the taxation—I mean that the bill of costs was not delivered in my name—I did not send it to the prisoner—Hyatt was the attorney, and he delivered a bill of costs to Johnson—I saw this W. F. Morriss on it, at Westminster—I repudiated it—Hyatt was acting for the defendant; I was not—Hyatt was not a certificated attorney for that year—he did not use my name—he deceived me—he took money of me as a certificated attorney, and I found that he was not certificated—I was not the attorney on the record: Hyatt was—a good many have their names on records who are not certificated—I do not know why it was delivered in the name of Morriss—I walked into Guildhall on the trial—I suppose it was quite accidental, I am down there every day—I did not wait during the whole of the trial, but I was in and out all day long for about two hours—I have explained to you that I met Pounds in Chancery-lane—he talked about various matters, and was kind enough to say that he would look through the papers; if I say to you, "If you will kindly look at these," you would do it—if I met Pound in Fleet-street and he wanted a 6d. I gave it to him—I am a certificated attorney, and he is a better lawyer than me—I remember Walter Pratt Nine, who was convicted here, and had six months—I got into the box and repudiated him at my clerk—he was my paid clerk, but he left my office in June, and in July he received 10s. at one place, and 5s. at another; and in August, September, November, and December the same, and I said to the parties, "If you do not pay me, I shall have to put you in court,"—I repudiated him because he was not my clerk then—he was an attorney who had not money to pay for his certificate.
MR. DALEY. Q. In 1861, was an action commenced of Edwards v. Morris? A. Yes; Edwards was not the real plaintiff; Mr. Hope was virtually—I met Pounds at the Judge's chambers—he said, "How are you getting on with Hope?"—I said, "Very badly"—he said, "Why do not you employ somebody; you know the old adage, 'A man who is his own lawyer has a fool for his client'; I will manage Hope"—Mr. Hyatt managed my business—he had two clerks; the other clerk is here—these papers are signed by Pounds, as clerk to Hyatt—my business with Pounds was as clerk to Mr. Hyatt, the attorney I employed—I did not know that Hyatt had no certificate—he deceived me—no offer of 20l. for costs has been made to me since these proceedings commenced—this is the receipt for the money I paid, and here are two more.
COURT. Q. Did you subpoena Mr. Serjeant Pigott? A. I did, and Mr. Commissioner Kerr also.
This being the case for the prosecution, and the Jury wishing to hear further evidence, and Mr. Daley declining to call Mr. Serjeant Pigott or hit clerk, though their names were upon the back of the bill, the Court called
ROBERT FRANCIS FENNING . I am clerk to Mr. Serjeant Pigott—this brie was delivered to him on 11th November, 1861, and he moved in the Bailf Court in Hilary Term, 1862, before Mr. Justice Blackburn—the affidavits were offective, and the Judge ordered that it should stand over for them to be amended—I was in Court, and heard the Serjeant move, and I went and fetched Mr. Pound, that he might be there, and I looked after Mr. Cowen, but he was nonest—after that the Serjeant still required the amended affidavit, which was not forthcoming; and, on 10th April, 1862, the Serjeant desired me to return the brief to Mr. Cowen, and write a letter stating his reasons, and returning the fee—the affidavits were to be made either by Cowen or Pounds—I know that Cowen saw Serjeant Pigott on 20th December, 1861; Pounds was also present—that was before the moving—I do not know of Cowen seeing him afterwards—the brief being returned, I know no more of the matter, except that I met Pounds several times, and he seemed to be very assiduous—I believe these are some of the affidavits—there were five or six—this is one, and this is another—I have been clerk to Serjeant Pigott ten years—from my experience, Pounds did all the duty that was to be expected, from a person performing such a duty.
MR. DALEY. Q. Had you known Pounds before? A. Fifteen or sixteen years—I did not know he was clerk to Mr. Hyatt; I thought he was clerk to Mr. Morriss, who I believed to live at 11, Beaufort-buildings, Strand, and I believe so now—I did not write a letter to Mr. Cowen, asking for Mr. Morriss's address; on the contrary, he wrote to me for it, and I gave it to him—I do not know that the motion was lost, but it was never renewed—the machinery for the mandamus was defective, and he endeavoured to find out what he never could realise—there were certain rules required, upon which the Commissioners of Chelsea Hospital had been in the habit of acting, and he said that he had searched all the booksellers in London, and could not find them.
COURT. Q. The Judge said that you must append the rules to the affidavit? A. Yes; and I learned from Pounds that he had been searching every bookseller's shop, and could not find them—I returned the fee—that is usual where a gentleman has not done that which he was desired to do—I was not instructed afterwards—I had no brief afterwards.
MR. METCALFE. Q. Do you know that Mr. Pounds afterwards took a grant deal of trouble, and searched the library of the House of Commons, and found the rules and regulations there? A. I do not—I knew him before as acting for Mr. Morriss—I have seen Mr. Pounds in Court, instructing the Serjeant, when Mr. Morriss has been there—I have the letter here from Serjeant Pigott to Mr. Cowen—(In this letter the Serjeant stated that upon the facts he had hi felt sure that he could not obtain a Rule, and that if he applied for one the motion would be dismissed with costs, which Mr. Cowen would have to pay, and that the Court would not interfere unless Mr. Cowen could show that the Commissioners of Chelsea Hospital had no ground for acting as they had)—I have got a bag full of the most scurrilous letters
from Mr. Cowen that were ever written—I told him I would gift him every assistance if he applied to me—it is not true that Serjeant Pigott sent in a distress, but the Judge gave costs.
COURT. Q. Was what the Judge required to be added, the cause for which the Commissioners acted? A. Yes; instead of which he put in something about the cholers.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Wednesday, December 17th, 1862.
PRESENT—Mr. Ald. ABBISS and ROBERT MALCOLM KERR, ESQ.
Before Robert Malcolm Kerr, Esq.
MR. COOPER conducted the Prosecution.
REUBEN ROBERT SPARKS . I am a-ticket writer, of 3, Essex-street, Mileend—on the night of 23d November, I was at the Durham Arms, Salisbury-street, Strand, about half-past 11—to go home I had to go along Northampton-street—the turning goes round, and leads right to my house—at the corner there is a door which goes back, where two or three could stand—as I was passing there I was pounced upon by two men—one I can recollect; the other had the goods—I was hit under both ears—I can't swear with what—they swelled immensely—it appeared something harder than a fist—I fell down from the blows, and one of the men fell on me, and covered me, being a big man—he tried to throttle me under the ear, and I lost my senses—when I recovered I found myself at my own house, with two policemen, and my neck bruised—I was only confined a day to my house—I lost a hat, a handkerchief, and 7s. 6d. in silver—the prisoner is the man who fell on me, and who was found on the top of me—I described the persons of the men who had attacked me, and was afterwards sent for to Bethnal-green—I attended there, at the station, and picked the prisoner out from four other men.
Cross-examined by MR. RIBTON. Q. Were you examined before the Magistrate after this matter? A. Yes—I should not say he was the man if I did not believe him to be—I said, on my oath before the Magistrate, "I believe him to be the man"; I could not swear positively.
COURT. Q. You had been drinking, I suppose? A. Nothing but what I was able to bear—I had been out that Sunday evening with some friends; that is all I can say.
JOHN EARLE (Policeman, K 133). I received a description from the prosecutor of the men who had attacked him, and also from a witness who is here—on the 30th, after having that description, the prisoner was taken up for drunkenness, and was at the Bethnal-green station—I went and fetched the prosecutor and the witness West—the prisoner was placed in a room with three other men—Mr. Sparks said, when he saw him, "That is the man who knocked me down," and West looked at him, and said, "To the beat of my belief, that is the man"—the prisoner had been locked up on the Saturday night, for being drunk and riotous, and this was on the Sunday night.
Cross-examined. Q. On what night was that? A. On Saturday night, and he was in custody all Sunday on that charge—that was the Sunday week after the robbery—the description given to me was, a man dressed in a white slop, and light fustian or mole-skin trousers, about five feet seven and a half or five feet eight inches—I did not measure his height—he is about five feet eight inches.
RICHARD WEST . I am a labourer, and live at 3, Northampton-street—on Sunday night, 23d November, about half-past 11, I was in that street, and saw the prosecutor lying on the ground, and a man on top of him—I could not swear to the man—the prisoner very much resembles him.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
MARY ANN BURGESS . On Tuesday, 2d December, I was in Turk's-row, at the corner of Lower Sloane-street, Chelsea, at a little before 12, at midnight, with Harriet Miller—when we got to the corner of Turk's-row, I saw Hurley seize Harriet Miller by the throat—I had not known him before—Hurley is the one this side—he went behind her, and put his hands round her neck, and pressed her so that she could hardly call out—she called out, "Mary Ann," and I turned round and saw Hurley seize her by the throat—she said, "If you want to rob me, I have got nothing"—he said, "Oh! haven't you; we will see"—Lee and another one were then coming towards us, and I called out, "Police"—two policeman came up, and took. Lee and Hurley; the other one ran away—Lee was about three yards from Hurley when Hurley seized the prosecutrix—they were taken on the spot.
Hurley. Q. Did I put my hand in her pocket, or anything like that? A. No; you had not time.
Hurley. I merely put my arm round her neck, because I knew her, and had not seen her for a long time.
COURT. Q. Do you know anything of either of these lads? A. No; I never saw them before—my name on the depositions is Jesser—I gave the name of Jesser—it is my mother's second husband's name—I am a servant out of place—I have been working with my mother at needlework—I live with her.
HARRIET MILLER . On Tuesday evening, 2d December, about 12 o'clock, I was with the last witness near Turk's-row—I saw both the prisoners—I had never seen them before, to my knowledge—I knew nothing about them—I was going to see my friend home, and when we arrived at the corner Hurley seized me by the throat—he came behind me, and took hold of me—I told him if he wanted to rob me, I had got nothing—he said, "Oh! haven't you; we will see"—he seized me with both hands, and it was at much as I could do to call for my friend—I was not much hurt—I called to my friend, and she turned round—Lee and the other one were then coming towards her—the other one had got his hand up to hit her, and she called out "Police"—two policemen ran across the road immediately, and caught the prisoners—Hurley was behind me at first, and then came in front of me.
Hurley. I told her name at the police-station, before she told the policeman, and where she lived years ago. Did I put my hand in your pocket? A. You had not time; when you saw the policeman you ran away.
Lee. The reason we ran away was because those policemen always hit us with their belts or staff.
MR. RIBTON. Q. Did you hear Hurley tell the policeman your name and address? A. Yes—that was after I had given it—he could hear me.
COURT. Q. What are you? A. A servant—I have been out of place three months—I was in service at Wandsworth, at Madame Gilbert's—her husband is a steward at a club in St James's-street—he did not come home to Wandsworth every night—I was a general servant there for two years—I had not been out before that—I was staying with my grandmother at the time this happened—she is nothing particular; she is only a poor woman—my friend had been staying with me at my grandmother's, and I went to see her home.
JOSEPH CASE (Policeman, B 142). On this night in December I saw the two girls, and the two prisoners, and another one behind them—they were going towards Turk's-row, and the prisoners were following them, about two yards off—I saw all three get in front of them—Hurley caught hold of Harriet Miller round the throat—I ran across the road and took Lee into custody—Hurley ran away, and he was found by another constable hid under a barrow—I am sure he is the man—I heard "Police!" cried as I got up; nothing before that—I saw Lee and the other go towards the other girl, as she halloed out "Police!"
COURT. Q. What sort of a neighbourhood is this? A. A very low one just at that corner—there are not many girls about at that time of night.
Hurley. Mr. Dennis was just shutting up his public-house; he saw the whole of it.
MR. RIBTON. Q. Is that so? A. The house was shut—all I saw afterwards was the potman, or some one, come out in his shirt sleeves.
JOSEPH WILLIAMS (Policeman, B 80). About 12 o'clock on this night, I saw Hurley and Lee, with another man not in custody, following the two females—I then saw Hurley go in front of Harriet Miller and seize her by the throat—the other men went towards the other female—she called out, "Police!" and I and another constable in plain clothes crossed the road to them—Case caught Lee—Hurley ran up Mermaid's-yard, and I found him concealed behind a barrow—I said to him, "What have you been doing with those females?"—he said, "Oh! I have not hurt them, master"—I took him in custody.
COURT. Q. Those girls that were out at 12, what are they? A. Well, a good many respectable young females are out at 12; it is not a usual thing, but sometimes it may be so—I know nothing bad of these—I have inquired, and have found nothing against them—they are both servants, and have been in service—I don't believe they are leading an immoral life—Case has made inquiries about them, I believe.
COURT to JOSEPH CASE. Q. Do you know anything of these girls? A. I have inquired about their characters, and have had two letters sent to me—I find they have very good characters; one for two years, where she was apprenticed—I find that Harriet Miller is a well-conducted girl—I wrote down to Cheltenham about the other one, but have received no answer—I have known her in that neighbourhood five years, and know her father-in-law, and mother—Hurley said, at the station, that he knew Miller's name, but, I believe, her name and address were then on the sheet—she has a sister like her—he may have made a mistake.
Hurley's Defence. They have spoken false; I never did it with any intention to rob her; I merely knew the girl, and had not seen her for a long time, and I put my arms round her neck.
Lee's Defence. We were going towards home; we were drunk, and could hardly stand, and we met the two females, whom we knew.
Lee. We had no intention of robbing them—we live almost next door to them—I was only six doors from where I live—one lives between us, and the other lives close by.
Lee. Q. Don't you know the house where I live, 5, White Lion-street? A. No—I don't go there—I don't know Bridget Hurley, to my recollection.
NOT GUILTY .
MR. PATER conducted the Prosecution.
CHARLES LEA . I am a brace and collar manufacturer, carrying on business at 3, and 4, Fitchett's-court, Noble-street, City—the prisoner was in my employment as a traveller, and had been so about ten weeks before this matter happened—I paid him a weekly salary of 1l.—he had to go round to wholesale houses for about two hours in the morning, and do anything else he could on his own account—it was his duty to obtain orders for goods for me—on Monday, 24th November, he told me that he had an order from Messrs. Venables, of Whitechapel, for 100 dozen collars—I said, "Very well; I will get them ready"—I took the order, and said I would do them at soon as I could, or something of that kind—I got 94 dozen ready—that was all I had—after packing them up, I gave them to the porter to take—the prisoner went with the porter to get the money—I gave the prisoner an invoice, and he made it out himself—this is it (Read: "London, November 24th, 1862. 3, and 4, Fitchett's-court, Noble-street. Messrs. Venables, bought of Charles Lea and Co., collar manufacturers, 94 down Persignys, at 4s. 5d.; 20l. 15s. 2d.")—this is a memorandum he gave me at the time that invoice was made (Read:"November 24th, 1862. Messrs. Venables. 94 dozen Persignys, at 4s. 5d.; 20l. 15s. 2d.")—I received 10l. from the prisoner on that day, which he said he had got from Messrs. Venables on account—on 3d November, he said he had met an old customer of his, and got an order for ready money, a Mr. State, of Romford, for 288 shirt-fronts—I looked out the goods—he said he would go down there, and asked me for half-a-crown to pay his fare, which I gave him—he took the goods home with him, and told me he should take them the next morning—the value of the collars is 20l. 15s. 2d., and the fronts 10l. 0s. 3d.—I saw those goods subsequently at Harrison's, a pawnbroker's.
Cross-examined by MR. COLLINS. Q. Whenever he got orders did you give him the goods to deliver? A. No—it was at his desire I gave him these Romford goods—he has paid me two or three accounts—he paid me this 10l. on the same day that I gave him the goods for Messrs. Venables—he has
paid me one or two other little things; not so much as 50l.; not 20l. I should think—this is a memorandum I am reading from, made a day or two ago—I have looked over my books to see what I have had—I should think the gross amount would be something like 12l.—I have received about 12l. from him altogether, not including the 10l.—I don't think he has paid anything since I gave him the collars to deliver to Messrs. Venables, only the 10l.; I am not particularly sure—he has sometimes had the goods sent in, and then collected the money for me, and sometimes I have done so myself—he did not pay in any other sums on account, only for goods seat in—I am sure he gave the name of State; it is on the invoice—I am quiet sure he did not tell me it was a Mr. Stains, of Romfbrd—I did not know there was a man named Stains at Romford—he gave me that name afterwards—I believe the prisoner has a large family—I have heard that his wife presented him, the other day, with three children.
MR. PATER. Q. Is that the invoice made out at the time, and does it bear the name of State? A. Yes—the prisoner made it out—the order was for cash, not a credit transaction.
JOHN BROWN . I am a porter in the employment of the last witness, and live at 4, Charlotte-court, Wellclose-street—on 24th November, Mr. Lea sent me with eight boxes of collars to Messrs. Venables, of Whitechapel—I see received directions front the prisoner before I went to Venables'—he said he had one or two places to call at, and I was to go on to Venable's and wait outside till he came to me—I waited an hour and a half, and then he came, and said he had met the buyer in the City, and he would go in and see if he had come in—he went in, came out again, and said that the buyer had not come in, but we would take the goods in—we took them in, and he asked a person there if the buyer was in—he said, "No"—the prisoner said, "Will you allow me to leave these goods for a time?"—the party said, "Yes;" and the prisoner showed me where to place the goods—we then came out together, and he told me to get back as quick as possible, because he should be detained an hour or two—on the afternoon of the same day I met him in Aldersgate-street, with the eight boxes of collars—he told me he had to bring them back to show to the buyer, in the City—I afterwards saw him with Mr. Lea, and he then said he had been back again to Venables', and they had advanced him 10l. on the goods—he told Mr. Lea that he had it on account, but he told me they had advanced him 10l. on the goods.
Cross-examined. Q. Are you a regular porter to the prosecutor? A. No, I am only engaged now and then.
EDWARD LLOYD . I am an assistant at Messrs. Venables', drapers, of 102, Whitechapel—about a fortnight or three weeks ago the prisoner came there, and left some boxes, which he stated to be collars—I don't know exactly how many boxes there were—he asked permission to leave them till the following morning—he called in about an hour's time and took them away—no collars had been ordered for Messrs. Venables from Mr. Lea, to my knowledge—I am not the buyer.
Cross-examined. Q. Is that all the prisoner said when he came in? A. That is all—I spoke to him—he asked for the collar buyer, and I said he was not there—the Messrs Venables are not here—I am not a partner in the house—there is Mr. Venables and his son—I am shawlman in the shop—the collar department is a different department altogether—they sent me here because I saw the prisoner, that is all.
all here; I have samples of them—I received them from the prisoner on 24th November, and advanced 12l. 15s. upon them—they were deposited in the name of William Trowbridge—I also produce 288 shirt-fronts, pawned by the prisoner, on 15th November, for 5l., in the name of John Trowbridge—the prisoner is the man who pawned them.
Cross-examined. Q. How do you know they are the same goods? A. I know them by the make and the boxes—they are not the only boxes used in the trade that I am aware of—they have my private marks on them—I instructed Mr. Davis, of Cheapside, to conduct this prosecution—the secretary, I believe, is here—Mr. Warren is conducting the case—I employed Mr. Warren—it is got up by a society.
MR. PATER. Q. You know Davis is Mr. Warren's clerk, do you not? A. Yes—I was recommended to him, and introduced to him by a friend.
JOSEPH WILLIAM FORK (City-policeman, 112). On Thursday, 27th November, from instructions I received I went to the Jacob's Well public-house, and saw the prisoner there—I called him outside, and told him that I wanted him for robbing his employer, Mr. Lea—he said, "Oh, nonsense"—I said, "It is quite right; you will have to go along with me to the station"—I took him there, searched him, and found 4s. 6d. in money, seventeen duplicates, nine relating to collars and shirt-fronts, and these four invoices (produced), one of which is in the name of State—I have been down to Romford, but could not find any one named State there—he gave a correct address.
Cross-examined. Q. You found somebody named Stains there, did you not? A. Yes, I saw that name.
GUILTY .— Confined Eighteen Months.
MR. MONTAGUS WILLIAMS conducted the Prosecution.
ELIZA EDWARDS . I reside at 16, Bedford-place, Commercial-road, East—on the evening of 2d December, at twenty minutes or a quarter-past 8, I left my house to visit my mother—I was going along the Commercial-road, near Richard-street, and on going down Richard-street the prisoner seized me, and struck me a violent blow on the side of the face—he made a grab at my neck, and broke my brooch, which I have here—I had a dress and lining in my hand in two separate parcels—I was very much confused, and dropped the dress, and the prisoner took it away—he struck me before he took the dress—when I recovered myself I saw him running through the court—I ran after him, and told the sergeant directly I met him—I ran through the court, and down James-street, and then into Walberg-street—I cried out, "Stop thief" all the way, and when I got to the bottom there I said, "I can't run any further," and some people said, "Yes, come along, we have got him"—I came up, and found him in custody—I identified him as the man who had struck me—I only lost sight of him just for a moment as he ran down James-street—when he was taken I saw the dress that I had in my hand before—that was the same parcel that I had before.
Prisoner. I heard a cry of "Stop thief," and ran with the other people, and came into Walberg-street, when they accused another man, who is a witness, of taking the dress. He said directly, "It is not me; it is him
over there," and then they came and took me. Witness. The prisoner ran down James-street with the dress under his arm, halloing out, "Stop thief; stop him;" and when he saw he was going to be caught he dropped the dress—he is the man who struck me.
ARNOLD THORN . On the evening of 2d December I was at the corner of Walberg-street, and saw the prisoner running towards me down Walberg-street—I waited till he passed me, and then I followed him, as he was calling "Stop him; stop thief"—I thought it was only a game, but afterwards, as he ran down Chapel-street where I was standing, I fancied he had a bundle under his arm; and as he got to the Ship public-house I saw he had a bundle—I made towards him—he dropped the bundle, and one of the witnesses picked it up—I stuck to the prisoner till he was taken.
Prisoner. Q. You were accused of it, were you not, by one of the other witnesses? A. Mr. Biddle came up and said, "Are you the prisoner?"—I said, "No; that is the man, "and pointed to you—I have not the slightest doubt you are the lad who was carrying the bundle, and calling out, "Stop thief"—I saw you drop it.
THOMAS BIDDLE . On the evening of 2d December I was within a door of the corner of Walberg-street, and saw the prisoner running away, crying, "Stop thief; stop him"—I ran after him, collared him, and handed him over to 21 K.
Prisoner. Q. Did you not accuse the last witness of taking the dress? A. I ran up, and was not sure which one it was—there were several running—one said, "It is not me, it is him ahead"—you were the headmost of the lot, and I caught hold of you—you had no bundle then.
WILLIAM DIXON . On 2d December I was at the corner of Chapel-street, close by Walberg-street, and saw the prisoner ahead of me, running, and calling out, "Stop Charley"—I saw no one else running then—I saw Thorn behind me, and he said, "Stop him"—I ran after him, and the prisoner dropped a parcel—I slipped over the kerb, and he slipped too—he said, "Take the parcel, and let me go"—Biddle then came up and said, "I will not let you go," and collared him—I was there when the prosecutrix identified the parcel.
Prisoner. Q. Did not you say to the other man, "Let him go, it is not him?" A. No, never—I could see it was you when the policeman brought you to the light—it was dark where you were taken.
JOHN STIMSON (Police-sergeant K 21). On the evening of 2d December I was in Walberg-street, and heard a cry of "Stop thief"—I ran to where I heard the sound, and found the prisoner in Biddle's custody—I took him into my custody, and Biddle gave me this piece of cloth, which the prosecutrix identified as her property.
Prisoner's Defence. The woman said, "That is him," before ever she saw me; and then the other witness, as soon as he heard what the woman said, said, "I saw him drop the bundle."
He was further charged with having been before convicted in May, 1862, at the Thames Police-court, when he was sentenced to four months' imprisonment; to which he
PLEADED GUILTY.**†— Six Years' Penal Servitude.
OLD COURT.—Thursday, December 18th, 1862.
PRESENT—Mr. BARON MARTIN; Mr. Ald. WILLIAM LAWRENCE; Mr. Ald.
ALLEN; and Mr. Ald. CONDER.
Before Mr. Baron Martin.
MR. POLAND conducted the Prosecution.
ELIZA ANN HOWELL . I live at 27, Upper Chapman-street, St. George's—the prisoner came to lodge at my house about 8th August last—she had a child with her—it was called Margaret Jackson—it was very nearly twelve months old when it came to my place—it was her only child—her husband did not come with her—no one came with her—the child was at the breast—the prisoner had one back room, for which she paid 2s. a week—she told me her husband was a sailor, employed in the David Milton, and she was receiving 2l. 5s. a month—besides that she used to work with Mrs. Johnson, who lived in the front room—when the child first came it was a nice healthy looking baby—the prisoner behaved very kindly to it for the first month—she was very much given to drink—about November last she used to go out and leave it for hours together, and the baby was always crying—I have known her to leave it for four or five hours at a time—I can't say how often I have known that, but I have known her to leave it a great many times—three times I have noticed that the door was locked, and the baby in the room—on some occasions I have found the door open—I have gone into the room, and seen the child there—I found it very dirty—it wanted food, and I often took it up food such as I have had for my own children; I am only a poor person, and cannot afford to give them very good food; a little bread and butter and broth, and things like that—every Sunday that it was in my place, except the last four Sundays, I took it food—when the prisoner was sober she used to keep the baby very clean, but when she was tipsy she used to keep it very dirty—when I have gone into the room, and found the child as I have mentioned, it was dressed, except the last day, then it was quite naked, on the bed—that was on the Saturday, as she went to the workhouse in the evening—I had spoken to her about the baby twice during the last two months that she was in the place—I told her she ought to stop at home and mind the baby, and not go out drinking so much; I thought it would become her much more—she told me to mind my own business—on the Thursday before she went to the workhouse she fetched the doctor to the child; because I told her so many times if she did not have some advice for the baby I was sure the child would not live—its ears were sore at that time, but the first of its ears being sore was, I think, from its not being properly cleansed—she went to the workhouse on Saturday night about 8 o'clock, and took the child with her—I got the order for her admission—she was not than sober.
THERESA JOHNSON . I lodge in the same house with Mrs. Howell—I know the prisoner—I made coats, and used to employ her at 3s. a-week—during the last five weeks or so I could not employ her, she was so saucy we could not bear her in the room—after that she had no work, to my knowledge, that would take her out of the house—she was not a sober woman—she was tipsy each time that she got her monthly money, for a fortnight afterwards, and sometimes into the third week—I remember the Saturday that she went to the workhouse—I went into her room on that day—the landlady came and fetched me—I found the baby lying naked on the bed, with a little bit of half-mourning on one side of her, and an old patch-work quilt on the other—the prisoner was out—I have seen the baby in the room on other occasions—I have known the prisoner to leave it sometimes for four or five hours together—I went for the doctor on the Saturday
day, and the abused me dreadfully about it, and said she would have my life if I fetched a doctor to her child—she was drunk then—on the Thursday she put a poker in the fire, and cut my head open with it, and nearly broke my arm, and bruised me dreadfully—that was became I said I would see that the child should be done for; that it was in a dying state, and I would let the parish know.
Prisoner. Did you not send for some rum and beer on 18th November, and treat me to it in my own room? You are the party who led me on to drink, and have caused me to stand here. Witness. It is false; I could not attend to my work as I do if I drank hard—on your wedding-day you asked me if I would have anything to drink, and I said not at your expense, as you had a dying baby, and I gave you a shilling—you had a good dinner every Sunday—you behaved very well to your baby when you were sober—I never gave you drink—yon never went out with me and Mrs. Seek—you were a stranger to me, but I hear that you have received this character from every home you have come from.
BURTON WOOLLARTON . I am assistant to Mr. Turtle, a surgeon on Thursday morning, 20th November, an order was brought to Mr. Turtle to see the prisoner—I went to Chapman-street that same evening, and saw the prisoner there and the child—the child was very much emaciated—it had sores on its head, was dirty, and covered with rags—the prisoner was drunk under the bed—I told her to send up for some medicine—she understood me enough for that—she did not send for any.
WILLIAM RAWSTORNE . I am relieving-officer to the parish of St. George's-in-the-East—on Saturday, 22d November, about 8 in the evening, the prisoner brought her child to the workhouse—she was drank at the time—I took the child in, and it was handed over to the nurse to be takes care of—I gave the prisoner into custody, and she was taken to the station.
SUSAN POTTER . I am a nurse at St. George's workhouse the child was brought there on the Saturday night, and given into my care—it was very dirty and very ill—it was seen by Mr. Croucher, the medical officer to the parish—it died on Monday morning about 6 o'clock—between 1 and 2 on the Sunday the prisoner was sent for from the station, in order to suckle the child—she remained till its death on the Monday morning she told me that the child had had the chicken pox, and had also been cutting its teeth—I gave the child whey and water, and arrowroot.
ALEXANDER RICHARD CROUCHER . I am medical officer to the parish of St. George—on Saturday, 22d November, about 9 in the evening I saw the deceased child at the workhouse—I considered it in a dying state—it was very much emaciated, with sores on each side of the head and about the am—I prescribed for it—I saw it again on the Sunday twice; I ordered it wine and arrowroot—it died on the Monday morning—on the following Wednesday I made a post-mortem examination—there were no traces of disease in the body; all the organs were quite healthy—the eruption I speak of might be from natural causes, such as teething or anything of that kind—seeing no disease of any of the organs, I consider the cause of death was want of nourishment and exposure—the emaciation was very great.
Prisoner's Defence. I never did any harm to the baby. I expected Mrs. Turner and Mrs. Stanley here; they told me they would come. I lived with Mrs. Turner before I went to live with Mrs. Howells, and the knows how I treated my baby. I never illused it in any way. Mrs. Johnson is the woman that has brought me to this.
GUILTY .— Confined Twelve Months.
MR. LILLEY conducted the Prosecution.
JOHN THOMAS FORD . I am waiter at the Somerset-hotel, in the Strand—on Thursday evening, 20th November, the deceased, Edward Lee, and the prisoner after ordering dinner, came there to dine—no liquor was supplied to them during dinner—at the end of the dinner, after partaking of cheese, the prisoner and Mr. Lee began to play with the cheese knives—Mr. Lee began by tapping his plate with the point of the knife he had been using for his cheese—the prisoner cautioned him not to play with knives, it being dangerous—upon that a conversation ensued respecting the difference between carte and tierce—the prisoner endeavoured to show Mr. Lee the difference with the cheese knife; he could not explain it satisfactorily to Mr. Lee, so they rose and stood in the middle of the room, each with a knife in his hand—Mr. Lee held his knife with the blade pointing towards the prisoner's shoulder, and the prisoner held his knife underneath towards the belly of Mr. Lee—they both stepped forward together and made a blow simultaneously, Mr. Lee over the prisoner's shoulder, and the prisoner at the belly of Mr. Lee—Mr. Lee was much taller than the prisoner; he stood over six foot—Mr. Lee immediately put his hand to his side, and sat down—I asked him if he was hurt—he said no—the prisoner then said, "My God, I am sure I have cut you"—Mr. Lee said, "I will show you"—he unbuttoned his trousers, and I saw a wound a little above the groin, on the right side—the blood was flowing, but not very freely—I took him into a private room, and went for a surgeon—Mr. Dunn came and saw the wound, and advised that he should be taken to a bedroom—that was done, and he remained there until the 30th, when he died—both the prisoner and the deceased had been drinking prior to coming to the hotel—they were drunk—this occurred between half-past 7 and 8 o'clock.
Cross-examined by MR. RIBTON. Q. Had they had much wine? A. Not any wine; all they had at our hotel was three-pennyworth of pale brandy each—they had been drinking before they came to our house—I had known Mr. Lee before; he had dined there very often—I had never seen the prisoner till that evening—the prisoner was very attentive to Mr. Lee after this happened—he remained with him for some time, until the surgeon came—either he or his wife came every day to inquire after him; they never saw him—there was nobody else in the room at the time, except myself and another waiter—they came both together to order dinner between half-past 7 and 8, and it was about 8 when they came to dinner—I heard the whole of the conversation at dinner—they were laughing and joking the whole of the time; they were very good friends all through—they did not talk at all about Mr. Dillon and the foreign duel—Mr. Lee had chambers in Dane's-inn—the prisoner is the head porter there—I did not hear Mr. Lee say anything to the prisoner after he had received the wound, but he repeatedly told me to go to those dear people, meaning Morris and his wife, and tell them that he was getting much better, and he also told me the day after the occurrence, that he entirely exonerated Morris.
ROBERT WILLIAM DUNN I am a surgeon, at 14, Clement's-inn—on the evening of 20th November, between 8 and 9 o'clock, I was called to the Somerset-hotel, and there saw Mr. Edward Lee—I made an examination of his person—I found him suffering from an incised wound just above the right groin—it was about an inch and a half long and about an inch and a half deep; it penetrated into the abdominal cavity, and entered the belly—I directed what was proper for him, and attended him at the hotel, from the
evening of the 20th until the 30th, when he died—the ultimate cause of death was inflammation of the bowels—the wound in the belly was the exiciting cause of that inflammation—it is a common effect.
Cross-examined. Q. It was a very slight wound, was it not? A. It was a very severe wound indeed; the bowel was wounded—when inflammation takes place in a bowel, death is nearly certain—I did not think him in danger till the Sunday morning, when inflammation set in—up to Sunday he was doing very well indeed—his habit of life was certainly against his recovery—if he had been a more temperate man, inflammation would not have been so likely; he would have had a better chance of recovery—I have known the prisoner on and off three or four years; he is the head porter of Dane's-inn, where Mr. Lee had chambers—I have since been informed that they were very good friends, and had been for some time—I may say that Mr. Lee distinctly told me it was more his fault than Morris's.
GEORGE BINNACOMBE (Police-inspector F). I took the prisoner into custody on 1st December—I received this knife from the witness Ford on that day—I told the prisoner he was charged with causing the death of Mr. Edward Lee—he replied, It is a sad job, I was considerably under the influence of drink."
Cross-examined. Q. Have you known the prisoner? A. For the last four years—he is a highly respectable man in his position.
NOT GUILTY .
157. THOMAS BAIN (47), was indicted for unlawfully obtaining goods within three months of his bankruptcy, under the false colour and pretence of carrying on business in the ordinary course of trade, with intent to defraud. Other counts for pledging goods with a like intent.
MESSRS. METCALFE and TAYLOR conducted the Prosecution.
JOHN WRIGHT . I am one of the Ushers of the Court of Bankruptcy—I produce from the court the proceedings in Bain's bankruptcy, before Mr. Commissioner Goulbourn—(The petition was the defendants own petition, dated 9th May, 1862, and the adjudication was of the same date.)
EDWARD TYER . I know the bankrupt's handwriting—this is his signature to this balance-sheet, and also these signatures to the examinations of 3d July and 1st October—(The balance-sheet stated the total amount of debit and liabilities at 2,055l. 3s. 4d., and the assets at 975l. 13s. 11d.)
ROBERT WILLIAM CATTELL . I am employed by Mr. Hamber, the messenger of the Court of Bankruptcy—I took possession of the bankrupt's books, and have them here—they were produced to Mr. Hart, the accountant—I saw them there—they were then in the same state as when I received them.
JOSEPH HART . I am an accountant of the firm of Hart Brothers—I was not employed as the accountant in this bankruptcy—I was employed to investigate some accounts in the books of the bankrupt—I have been carefully through his books and accounts—it appears from the account in his own books, that on 1st January, 1862, he owed 970l. 19s., and his assets were 438l. 6s. 4d., the apparent deficiency being 522l. 12s. 8d.—it appears from the abstract that has been made from the books that the amount of goods purchased from the 1st January to the end of March was 771l. 19s. 7d.—I don't find any purchase in the books after that time—I cannot give you the total payments in respect of those goods—I have not got that—I have only got the total payments made in respect of the creditors at that time—that
amounts to 163l. 3s. 9d.—the deficiency on 9th May was 1,168l. 9s. 10d.—that would tally with the balance-sheet.
Cross-examined by MR. SLEIGH. Q. Have you now before you, or in court, all the books from which you have made the calculation? A. I believe all the books are in court—I have not the custody of them—they are produced by Mr. Graham, the official assignee—the book from which I have abstracted the amounts just referred to, is now before me—there is a bill-book amongst the books—in the statement of payments I have not taken into account bills which were honoured daring that time—that was no part of my instructions—I aoi not in a position to tell you the amount he paid in redemption of bills—the bill-book is not very dear, it would take some time to extract it—I think I could give you an approximate amount—I don't think it amounts to hundreds of pounds.
COURT. Q. Why were you not desired to ascertain that? A. My instructions were to ascertain what his position was on 1st January, and what goods he had purchased subsequent to that date, without reference to payments—I find one entry in the journal, "Cash, as above, wages, 154l. 15s. 11d."—that is for March and April—there are payments entered into the account, which I have just discovered in the ledger, called the cash account, amounting altogether to 714l. 15s. 7d., during the period I have mentioned, and in that amount is included the 154l. for wages.
MR. SLEIGH. Q. Do you mean that that would include all the bills which he took up? A. I should think it would—I cannot, without making further investigation, pledge myself that there were not further payments in reapect of bills during those months—this is what he terms his cash account—it will be necessary to refer to another book, the last ledger, to see whether the wages account for January and February is included in the 714l.; there is an item of 319l., brought from the last ledger for payments in February—that book does not seem to be here, so I am unable to state that—I have not seen any bills of exchange—(MR. CATTELL. I have not brought all the bills and papers; I have nothing to do with them after depositing them with the official assignee)—I have not taken the payments upon Davison's bills into my calculation—I have not touched Davison's account at all—the bankrupts bank-book is now before me—the amount of money paid by the bankers on his account, is 1,353l. 16s. 5d, from 1st January to 11th April—that was the lust payment—on 1st January there was a balance of 14l. 18s. to his credit—between that and 11th April, 1,340l. 8s. 7d. was paid in, exclusive of the 14l. 18s.—it was all paid out on 11th April, except a small balance of 1l. 10s. 2d.—there is a stock book and journal—the records of the purchases of Mr. Key are in the books, but they do not describe whether they are seasoned goods or not—I am unable to state the aggregate amount of the prisoner's payments and receipts during 1861, because on 1st January, 1862, he appears to have started a fresh set of books, and the old ledger is not in court—this ledger only contains his transactions for 1862—I can't say that I have seen the ledger of 1861—I have not made reference to any of his books of account during 1861—I have confined my investigations entirely from 1st January, 1862, and to these books.
MR. METCALFE. Q. You say that 1,300l. odd was paid in and out of his bankers in 1862? A. Yes—714l. was applied to the trade account—I don't know whether more than that amount of cash has been applied to the trade account—the amounts drawn out of the bankers are all given in detail in the book—the foal deficiency appears to be 1,163l.; that appears from his own statement—in January it was 540l.—I have no means of ascertaining whether
the bills were trade bills or accommodation bills—I can't tell how much was applied to acoommodation bills, and how much to the trade account—all I was instructed to prove was a deficiency in January, and at the time of the bankruptcy, and the amount of goods purchased.
EDWARD TYER (re-examined.) I am traveller to Messrs. Key & Son, wholesale timber merchants, at Berkhampstead, Herts—about 28th December last I saw the prisoner at his place of business in Redcross-street—on that oocasion I sold him 848 pieces of spruce deal, amounting to 181l. 13s. 8d.—on 4th Jannary, 1862, I sold him more spruce deal, amounting to 88l. 12s. 1d.—I am referring to a ledger kept by myself in my own handwriting; the entries were made at the time—on 10th February I received another order to the amount of 176l. 16s. 9d.—he said on that occasion that he liked the previous goods very well—I received an acceptance for each of these amounts—not one of them has been paid—Mr. Key has them—the course of business is for me to send the order to my principals, and they forward a delivery-order to the purchaser—these goods were lying at the Grand Surrey Dock.
Cross-examined. Q. I believe your firm had previously had a transaction with the bankrupt? A. Yes; to the amount of 467l. 0s. 6d.—that sale was on 29th August; that was paid for—I saw him on Saturday, April 12th, this year—he then told me that he found he was in that state that he was afraid he could not meet his engagements, but he hoped to be able to pay, for he was negotiating to get a partner, a gentleman who had money, which would enable him to meet all his engagements, and carry on business prosperously—he did not mention the gentleman's name—there was a party named Shekell, who was continually in his office when I called, doing something to his books—I can't recollect the exact words he used about his partner—substantially, he conveyed to me that he was making arrangements by which he hoped to have a partner, and introduce money into the business—on one occasion, he pointed out Mr. Shekell, when he was at the office looking through his books, and said he was investigating the matter, to see if he would join him—he said that he wished him to be his partner, or something of that sort—I saw the prisoner again about ten days or a fortnight afterwards, and he then told me the negotiation had gone off; that the gentleman would not join him, and he had been disappointed—I have no recollection of his saying that it had come to the gentleman's knowledge that a creditor had served him with a copy of a writ, and upon that the negotiation had gone off—I don't say that did not occur—he subsequently proposed to pay 10s. in the pound as a composition, if the creditors would agree and give him time to pay the remainder—he made three or four propositions, the first was 10s. in the pound, the second 5s., and the third 4s., all within a fortnight—he did not couple that with a proposition to pay in full if ample time were given him—I wanted him to have time; I did not want him to fail—we were anxious to give him time—we refused to accept the five shilling composition, and the 4s. also—we would have taken 10s.—I have no recollection of his saying, when he finally proposed the 4s., that upon investigation, his affairs had turned out worse than he thought—he gave me no reason for reducing his propositions from 10s. to 4s.—I have no recollection of telling him that if he did not give me back the goods which were in the docks, I would oppose him through thick and thin if he became a bankrupt—I told him I wanted him to give Mr. Key back the goods—that was after 12th April—I think I told him that if he did not give them back we should oppose him in the Bankruptcy Court—I know the difference
between seasoned and unseasoned timber; the timber I sold to the prisoner was a fresh importation—I don't think it was unfit for present use for packing-case making; for joiners' work it is necessary to have dry wood, but not for packing cases—they use very common wood, and are not so particular as to the seasoning—they frequently use it immediately—timber is seasoned by time—these were spruce deals—I did not know that the prisoner had a very extensive customer of the name of Goy & Evans—the orders which the prisoner gave me were given at his own place of business, from my calling upon him—I am traveller for Messrs. Key, and it is my duty to go round and see customers—I called on the prisoner, and solicited his custom, and obtained his orders.
MR. METCALFE. Q. Did you know anything about this person who was proposed as a partner? A. No; nothing at all, beyond the prisoner's assertion—I had no opportunity of looking at the books at the time; in fact, the books were taken from the front office, there being some alterations making in the shop—when I told the prisoner I wanted him to give me back the goods, he first of all said he would do so—that was between 12th April and his petition—he afterwards said he could not do so—he went to Mr. Baylis, and I believe he advised him not—he told me he had pledged the goods—I think he first mentioned it on 12th April—he mentioned the name of Davison as the person with whom he had pledged them—if I had known he was going to deal with the goods in that way I would not have parted with them—the prisoner is a packing-case maker—we only had one transaction with him before 20th December, that amounted to 45l. 0s. 5d.—that was paid—a bill was drawn and the acceptance was met; not before the other order was given; the bill did not become due till afterwards, on 19th May, 1862—six months is the usual credit; he had nine months' credit—the bill was drawn on 16th October—I have not the bill; probably I am mistaken in a month.
MR. SLEIGH. Q. Was not the vessel actually discharging the timber in December? A. I think she was, about that time; the timber bought in February was part of the same cargo; it was all out of the same vessel—I never saw the prisoner's books? I should not do so in the ordinary course—I should not expect he would have shown me if I had asked him.
WILLIAM KEY . I reside at Berkhampstead, and carry on business under the firm to Key & Son—Mr. Tyer is our traveller—we sent to the prisoner the dock-order for the transfer to the timber purchased by him on 28th December—this is it (produced), and these are the orders of 4th January and 15th February—all that timber is unpaid for.
HENRY IVIMY . I live at 7, Portland-terrace, Rotherhithe, and am a clerk in the Grand Surrey Docks—in December, January, and February a quantity of spruce deal was lying there belonging to Messrs. Key & Son—I received these three orders (produced), transferring the goods from Messrs. Key to the prisoner—I also produce the prisoner's order transferring those goods to other persons; two to J. C. Sharp, of 25, Cannon-street, dated 10th February, 1862; one to A. J. Baylis, on 1st January, 1862; and one to T. P. Austin, on 21st January, 1862—that exhausts the goods of 28th December—the goods to Sharp were re-transferred to the prisoner on 15th March, and by him again transferred to Edward Westrop on the same day—the order was endorsed to Freeman & Co.—the warrant was received by us on 19th June, 1862—that shows that we have parted with the timber, but it is still in the dock; the party who purchased it keeps it there—as to the goods contained in the order of 4th January, 189 pieces were transferred on 21st
January from the prisoner to T. P. Austin; and 400 pieces on 6th January—on 27th February those goods were transferred by Austin to Ovens & Co., and were ultimately sold—they never went back to the prisoner—the order of 15th February is for 981 pieces; 492 of those pieces were transferred by this order not dated, but received on 25th February, 1862, from the prisoner to Hobson and Smith—they were ultimately sold by Johnson & Co. to Simpson & Co. (The examination of the prisoner in the Court of Bankruptcy on 3rd July, 1st October, and 7th November, 1862, were here read.)
FREDERICK CONSTANTINE SHARP . I carry on business as t money lender, at 25, Cannon-street—I know the prisoner—in February last he applied to me to borrow some money—he deposited with me this dock order, dated 10th February, for 255 pieces—he wished me to lend him 50l. on that order, which I declined doing without some one guaranteed the repayment of the money—he brought some one to guarantee that, and I lent him the 50l.—the money was paid off about five weeks after, and I re-transferred the goods back to him—part of it was paid on 10th or 12th March, and the remainder on the 15th, 25l. on each occasion—I took his promissory note for 50l., charged him 3l. for the transaction, and gave him a cheque for 47l.—it was subject to no other deduction whatever.
Cross-examined. Q. For what period was the loan to be? A. A month; of course, there was trouble and expense connected with the transaction.
EDWARD WESTROP . I reside in Essex—I have known the prisoner for some time—on the 15th March last he applied to me for a loan, and in accordance with his desire, I went with him to the office of Mr. Sharp—on his obtaining from him this transfer order for the timber he deposited it with me, and I paid off the balance of 25l. to Sharp—I made a further advance of 18l. 13s. to the prisoner on 17th—he gave me a bill for 45l.—the timber remained at the docks to my account, and was sold by my direction.
Cross-examined. Q. Have you known the prisoner for some years? A. Yes; about eight years—my opinion of him is that of a respectable, steady, honest tradesman, and I never heard the contrary—I was a farmer a short time ago—I am out of business now—at the time I made him this advance, he said he wanted to get on with his business—he complained that he was being charged ruinous interest, and he wanted the money to redeem the warrant from the person so charging him—in the early part of February I held out to him a small hope that I would advance him several hundred pounds—my money found another channel, and I did not lend it to him—I said I would look over his books, but I did not—we had several conversations about it—he subsequently told me that he was negotiating a partnership.
MR. METCALFE. Q. What did you get for your advance of 43l. 14s.? A. 1l. 13s.; the timber realised 47l. 10s. after deducting dock charges and all.
JOSEPH DAVISON . I am a merchant, carrying on business at 156, Cheapside—I have lent money to the prisoner—about 21st February he deposited with me some dock order—I never saw the order except when I saw it at Mr. Lewis's office; my young man took it—I have no entry of it—I was in the habit of lending the prisoner money whenever he came to me for it—on 21st February I gave a cheque to meet a bill—I believe the orders were lodged before then; about 17th or 18th, I think—he had 92l. on the 20th, and 10l. on the 21st—that was to take up a bill on which he and I were liable—on the 21st he had 10l. and 23l.—I lent him a few pounds almost every Saturday—he had 8l. or 9l. on the Saturday before that to pay his
wages with—that is included in the interest and commission—I charged him 25l. for the accommodation, deducting the 8l.—that was for three months—besides lodging the orders with me, he gave me a hill for 150l. to cover the money then advanced, and the amount of the hill that was taken up—the timber was some days in my possession, and Hobson & Smith then discounted some bills with me, and I lodged the warrant with them as security—part of it was transferred to Mr. Austin, and ultimately sold—the prisoner had a cheque for 92l. on account of the 150l. bill, 23l., 10l., and 8l.—the 92l. went to take up a previous bill; that was for money advanced—he had 50l. and 30l. on account of that bill; 50l. on the 18th December, when the bill was drawn, and 30l. and 5l.—he had that in hard cash—he was in the habit of coming to me on Saturday, and saying, "Lend me 2l. or 3l. to pay my wages"—I lent that as my own private concern, and when it came to commission my firm repaid me the little money I had advanced to him for wages, and charged it as commission—he had 50l. and 30l. 19s.—that was 80l. 19s., and there was 11l. 2s., which, no doubt, he had 6l. or 7l. out of for the previous day's wages—it was to pay a previous bill, upon which he and I were liable—I never charged him a large amount for interest; he was an old friend and acquaintance—I cannot tell you now what I charged him—my transactions are rather large—it was mixed up with interest and commission.
Cross-examined. Q. How long after the deposit of the warrant, was it that there was any transfer made of it? A. Some days, I imagine; I can't tell how many; it was not a month—the prisoner told me he was negotiating for a partner, and he applied to me to advance him money on his lease to repay these loans—he asked me not to part with the order, to see if he was successful in raising the money to save himself.
The prisoner received an excellent character.
NOT GUILTY .
NEW COURT.—Thursday, December 18th, 1862.
PRESENT—Mr. Ald. COPELAND, M.P.; Sir JOHN MUSGROVE, Bart Ald.;
Mr. Ald. ALLEN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. COOPER conducted the Prosecution.
CAROLINE PRESTLY . I am the wife of Thomas Prestly, a turner, of Gloucester-road, East—on 28th November, at a little after 6 o'clock, I was in Cornhill, and there was a stoppage, caused by an omnibus crossing Gracechurch-street—I had my puree in my pocket, with a florin, 1s., a 6d., and some stamps in it—there was a poet on my left side—the prisoner came up on my right side and gave me a rough push, which rose me off my feet, and in a moment he came and stood in front of me—I thought he was about to pass under the horses' heads, but he returned to my right side, and said, "You can't go yet"—I felt my portmonnaie safe before I crossed the road—the prisoner guided me across, and then I missed it—it was a dark-green one—the prisoner was still by my side—he then walked a little in advance of me and met another man, and they walked across the road—I
met a policeman and pursued the prisoner, who did not leave, but kept a little in Advance of me—the policeman brought him back to me a short time—the prisoner is the man.
Cross-examined by MR. OPPENHEIM. Q. Was there a pocket-hole in your dress? A. Yes; and the pocket in the skirt was right opposite—I had a woollen shawl on—I did not ask the prisoner to guide me across the road, but he did so—and then he said, "Now, mother, you may go," and gave me a push—he had both his hands on my shoulders crossing the road—I am certain I put my hand in my pocket and felt my purse when I was waiting to cross, and when I got across I put my hand in my pocket again, because I had an idea that he was wonderfully kind, and I thought, "I hope you have no motive in your kindness"—this was at the corner—I was coming across from Leadenhall-street to Gracechurch-street—the other man joined the prisoner the instant he crossed—they walked together, but not with me—they were bearing into the road, gradually crossing into the road—I never lost sight of the prisoner.
COURT. Q. Was there a crowd round you at the corner? A. There were people waiting about, as there was a stoppage of vehicles—I was detained at the corner about two minutes.
ELIJAH GALE (Policeman). The prosecutrix pointed out the prisoner and another man to me about half-past 6 o'clock in the evening—I caught hold of the other man, and then saw the prisoner with a green portmonnaie, which he was in the act of opening, but seeing me he ran away—I let the other man go, ran after the prisoner, and caught him in the dark part of the market, but did not find the purse on him—there were several waggons loaded with skins there, and I suppose he threw it into one of them—took him to the station and found 2 1/2 d. on him.
Cross-examined. Q. Did the old lady call out anything? A. She merely add, "I have lost my purse"—she was calling out, "Stop thief," before I reached her, which caused me to cross the road to her—the men were eighteen or twenty yards in front of her, walking fast—I ran dose up to them—they were talking together—I lost sight of the prisoner for an instant when he got into the dark part of the market.
GUILTY .†— Confined Twelve Months.
159. TIMOTHY SULLIVAN (25) , Unlawfully assaulting Sarah Hartnell, and occasioning her actual bodily harm.—The prisoner having in the hearing of the Jury admitted that he was guilty of an assault, THE COURT directed a verdict of
GUILTY of a common assault. To enter into recognisances to keep the peace.
MR. COOPER conducted the Prosecution.
JAMES HILL . On Friday, 28th November, between 6 and 7 o'clock, I was returning home from Hounslow, and when I reached Fulham Church two men passed by the side of my cart, one on one side and one on the other—I got a little frightened, and turned my horse round as quick as I could to go back to Hounslow—Clark then came on the near side, and Humphreys on the off side—Clark pulled me down in the cart, put a handfull of mud over my mouth, and held me down, whilst Humphreys took my money, 21l. 8s. 9d., from my right trousers pocket—there was
one 5l. Bank of England note, and the rest was in gold and silver—they jumped out of the cart and ran towards Hanworth Park, which is near Feltham Hill—I am quite sure of Humphreys—I have known him three years, and he helped me to load my cart that morning—the height and size of the other man tallies with Clark, but I am not positive of him.
Cross-examined by MR. BEST. Q. Had you seen Humphreys that evening? A. No; it was moonlight, almost as bright as day—I could see quite plain enough—this did not take long—I had no chance of halloing, because my mouth was rail of dirt.
WILLIAM BOWLES . I am a greengrocer of Hounslow—on the evening of the 28th November I saw Hill, with his horse and cart, by Mr. Cousins, the butcher's, in Hounslow—I saw no one behind him—but about an hour afterwards I met the prisoners going down the road, and I heard Humphreys say, "I will give it to the old b—"—Clark said, "I will fill his mouth with mud"—they were about half way down the road—I could not see Hill then.
Cross-examined. Q. How did you come here? A. I was subpoenaed by Sergeant Blake, the chief inspector of police at Hounslow—I told him something a few days before he gave me the subpoena—the first person I told of this was Mr. Carton, the butcher—I told him next morning—there was a talk in the village about this robbery—I knew that Humphreys was taken that night—I did not go before the Brentford Magistrates—I was not asked.
CHARLES BLAKE (Police-sergeant, T 34). On 28th November I was on duty in Hounslow—Hill gave me some information about half-past 8 or 9 o'clock in the evening, and a description of two men—I took him to Humphreys' house at half-past 10 o'clock—I knocked, and after waiting about ten minutes, Humphreys came down in his trousers, but I think he had no waistcoat—I said, "Humphreys, I want to speak to you respecting a robbery"—I called Hill, whom I had left a few doors off, and I had hardly got the words out of my mouth, when Hill said, "There is the man"—Humphreys said nothing—I took Hill inside the house and told Humphreys he was charged with robbing Hill of 20l. odd—he said he knew nothing about it—he had not been out of his house that night—I said, "Yes, you have, for I saw you"—he said, "Yes, I went out a little after 5, and returned between 8 and 9"—I asked him, in his wife's presence, what money he had got in the house, I was then by the bedroom door, and he said, "That is all the money I have in the house," pointing to 1s. 4d. on the mantel-shelf—I commenced searching, and found on the bedroom window board, a pair of trousers—I took them up and found a tobacco-box under them, and in the centre of the tobacco I found a sovereign—I said, "Here is money, how do you account for this?"—she said, "I know nothing about that," and he made no reply; but about a minute afterwards, she said, "Perhaps it is the sovereign out of the box, which I have saved to pay the doctor for my confinement"—Humphreys said, "Yes, it is; I took it out"—Bowles was not before the Magistrate, but hearing what he stated I subpoenaed him.
Cross-examined. Q. Did the wife allude to another box when she said, "Perhaps it is the money out of this box here?" A. Yes; and I looked into it—I found no other money in the house—Bowles is a greengrocer, a hawker—he kept a respectable shop two months ago.
MR. COOPER. Q. Was a cap found? A. Yes, this cap (produced) was handed to me by Hill.
JOSEPH LAWS . I live at Hanworth Park, and am private watchman to Mr. Perkins, the possessor and occupier—on 20th December, about half-past 7 in the evening, I saw two men crossing my master's paddock—I watched them, and saw them get over one of the fences across the gravel walk—Little and I called out, where are you going?—we went towards them—they were the prisoners—we asked them how they came there—they said that they had got lost, and were going to make their way across to Brentford—the one nearest to me had nothing on his head—I am quite sure the prisoners are the men.
Cross-examined. Q. When did you next see them? A. At Hounslow-station, in custody—I heard of the robbery early next morning—I did not hear then that a cap had been found—but I did before I went into Court.
Cross-examined. Q. You know nothing about them, I suppose? A. No; I frequently see men in the Park—it is a game-park, and we were watching for poachers.
Clark's Defence. I am innocent.
HUMPHREYS— GUILTY .— Four Years' Penal Servitude.
CLARK— GUILTY .*— Six Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
GEORGE THOMAS TAYLOR . I am a postman, of 25, Shaftesbury-place, Aldersgate-street—about half-past 1, on 28th November (after midnight), I met the prisoners in Cheapside—I had walked from Greenwich, having lost the last train—one of them spoke to me, but I did not stop—they came after me, and Fossett said, "Good night"—I made no reply, but walked on six or seven yards—she then came up behind me, took me round the waist, put her hand into my right-hand trousers pocket, and took my purse, which contained 7d. and a gold ring—I felt her hand in my pocket—I said, "Give me my purse; you have taken my purse out of my pocket"—I saw her pass her arm over, and give it to the prisoner Jacobs—I told Jacobs she had got my purse—she said, "I have not got it"—a constable came up and I gave them in charge—we searched, but neither the purse nor ring has been found—I had felt my purse safe ten minutes before, and nobody had touched me since—the ring cost me 10s. 3 1/2 d.—I saw no one come up to the prisoners—I am sure I saw my purse in Jacobs' hand.
WILLIAM ANGEL (City policeman, 468). About half-past 1 o'clock, on 28th November, I was on duty in Queen-street, and saw the prosecutor holding the two prisoners—I took them in charge—3s. 7d. was found on Fossett, and 1s. 6d. on Jacobs, but no purse or ring.
Fossett's Defence. I bid the young man good night, and he said he would give me a trifle if I would comply with his wishes, and then he would not give it to me; presently he said, "You have taken my purse." This woman came over, and he said, "I will have you too." Four policemen followed with their lanterns down to the ground, to see that the purse was not passed away. I never saw it.
Jacob's Defence. I never spoke to the gentleman, and never touched him
GUILTY .**— Confined Twelve Months each.
MR. COOPER conducted the Prosecution.
JAMES BLACKHALL . I am a labourer, of 12, Crispin-street, Bethnal-Green—I am sorry to say that I am the prisoner's father—he does not live with me, but my daughter does—on 15th December he came into my sitting-room—my wife and daughter were present—I asked him what he wanted—he said, "You old b—, I will knock your brains out; turn that b—out"—that was my daughter—he went into the back garden, and came back armed with this pickaxe handle (produced), and swore he would dash my brains out—he held it in this way, and I closed with him, and got the stick away, but he got me down and struck me on the head with it, saying, "I will kill you; I will knock your brains out; I will be hung at Newgate for you and your daughter"—my wife ran into the street and screamed "Murder," and as I got up the prisoner struck me on the mouth with his fist—I think it was a policeman who dragged him off me, or the neighbours, I do not know which.
Prisoner. You insulted me when I went into the room and asked for my clean things. Witness. He did not ask for any clean things—I had not quarrelled with him—he comes to my place when I am at work, and his mother gives him what he thinks proper—she begs him not to come on Sunday when I am at home—I am very sorry to bring him to a place like this.
ELLEN BLACKHALL. The prisoner is my brother—he came home last Sunday, and my father asked him what he wanted—he said, "What is that to you; where you are I will be"—my father said, "I rent this house, and you shall not oome here to annoy me"—the prisoner said, "Turn her out of doors" (that is me)—my father said, "I shall not do anything of the kind"—he said, "I will let you see, then, what I will do; I will settle you and your daughter too"—he ran into the yard, brought the axe handle, hit my father over the head, and I ran out and called for assistance—I saw my father bleeding.
Prisoner. She was convicted herself this time last year, and had three months, for robbing her mistress of fifteen sovereigns—what she has said is false.
GRANGER TANDY . I am a physician and surgeon, of 2, Spital-square—I was called to the police-station last Sunday, and found the prosecutor there, with a lacerated wound on the scalp, about an inch and a quarter long—the tissues were broken up right down to the bone, and the bone was exposed for half an inch square—a stick like this would produce such a wound—it was a dangerous part for a person to be struck in, by a strong muscular young man.
Prisoner. It was not done with the stick; it was done with a poker.
JAMES WHITE (Policeman, H 90). I was called by the daughter, and saw the prosecutor outside the door, bleeding from the head—I went into the backroom, and found the prisoner standing there talking to two men, and asked him why he struck his father—he said, "Because my brother had a large knife that he was going to use upon me."
father and my brother to stop them from fighting—that was after my brother had assaulted my father.
Prisoner's Defence. I went home, and my father asked me what I wanted. I said, "What is that to do with you; all I want is some clean things." He said, "You b—, I have got you here, and I mean to pay you;" and he stood up to fight me. I laughed at him, and went into the back yard. My father came with a poker, and my brother with a dagger-knife eight inches long, and said, "If you attempt to touch my father I will run it into you." I went to a man who keeps a butter shop and said, "What am I to do?" He said, "It is a family affair; I will have nothing to do with it" I went in, and was struck a blow with the poker, and then I struck him with my fist in my own defence, not with a stick; and my brother made a hit at me, but instead of hitting me, as we were struggling, he hit my father. Two men saw the blow struck, and I asked them to come as witnesses; they said "No," but the policeman saw me talking to them. This is not the second or third time my father has ill-used me. One morning, when I lived at Ely-place, because I was a little late he struck me with a ginger-beer bottle, and I laid in a pool of blood. I am driven into the streets by him and my sister.
GUILTY .—His mother dated that he had also assaulted her, and left her on the floor for dead, several times; and that he had split his sitter's nose open, the mark of which was still visible.— Five Years' Penal Servitude.
MR. LLOYD conducted the Prosecution.
GEORGE SELLING (City-policeman, 648). On 1st December I went to the prisoner's house in Tooley-street, Borough, and asked him if he had sold a chain to Mr. Defries, of Petticoat-lane, three weeks ago—he said, "Yes"—I said, "How much for?"—he said, "7l. 10s."—I asked him to account for it—he said that he bought it of a hawker in the street, and did not know his name or where he lived—I said that he must go to Arbour-square police-station to give an account to the Magistrate of how he became possessed of it—I took him there—he had a silver watch and chain on him.
Cross-examined by MR. WILLIAMS. Q. Did he tell you without hesitation where Defries lived? A. Yes.
COURT. Q. When you spoke to the prisoner did you name Defries and state where he lived? A. Yes—I said, "You have sold a chain to Mr. Defries, of Harrow-alley, Petticoat-lane, three weeks ago?" and he said, "Yes, I have."
MR. WILLIAMS. Q. Do not you know that Defries has been given in custody? A. Yes; he was in custody at that time.
JAMES LUSBY . I live at 100 1/2, Whitechapel-road—about two months before 1st December I was in the Bedford Arms public-house—I had something to drink, but I knew what I was doing—going home I received a blow on the crown of my head—I was knocked down and robbed of 16l. in money, a three halfpenny silver piece, and also of this chain (produced).
Cross-examined. Q. Do you know the prisoner? A. No; I saw nobody—there is no doubt that this gentleman bought it quite as honestly as Mr. Defries did.
NOT GUILTY .
MR. LLOYD offered no evidence.
NOT GUILTY .
MR. DICKIE conducted the Prosecution.
BENJAMIN THORBURN . I am a photographic artist of 15, Great Chapel-street, Westminster—on 2d December, between 8 and 9 o'clock, I was going through the Green Park—the prisoner came up to me and said, "I am hard ap chum, I wish you would help me"—I said, "I am hard up myself;" and no sooner were the words out of my mouth than an arm was thrown round my neck, and a knee forced into my back, which held me back, and the prisoner held one of my hands—my throat was compressed by the arm, which nearly choked me, and the prisoner emptied my pockets of all the money I had, which was 18s. 8d.—they then loosened me, and both ran away—I did not give information that night, but next morning I was on my way to the station, and saw the prisoner in a public-house in Tothill-street—I sent for a policeman, and gave him in charge—he denied it, and resisted the policeman—he said, "I am a card-sharper, and can get my living better that way than by garotting"—it was a moonlight night—the moon shone right on his face, and I am positive he is the man—I have been in the army.
Prisoner. You were talking to me about it that morning in the public-house before you gave me in custody? Witness. No; I was speaking about the robbery to a gentleman, and you said that it served people right, it was all owing to their allowing the Garibaldi meeting in the park—I had an inkling at the time that you were the man, and I told the gentleman, who advised me to send for a policeman—I was partly positive—I had not noticed you much then, as I was speaking to the gentleman, but when I looked at you I felt positive you were the man.
HENRY LAMBERT (Policeman, B 334). I was called to the White Horse public-house, Tothill-street, on 3d December, and the prosecutor gave the prisoner in charge for stopping him in the Green Park on 2d December, and robbing him of 18s. 8d.—he said, "I can get my living better by card-sharping than by garotting, and I have witnesses to prove that I was on the other side of the water at the time."
ELIZA MELSOM . I am the wife of William Melsom, who keeps the White Horse, Westminster—the prisoner comes there occasionally—I saw him there on 2d December, as near 10 or 11 as possible, and he never went out till half-past 12.
Prisoner's Defence. I know nothing of it. On the Tuesday morning I pawned a handkerchief off my neck to go to Croydon Steeple-chase. Next morning I got it out of pawn, and went to 72, Granby-street, Waterloo-road. I had some tea there, and stopped till between 10 and 11 o'clock. The little girl asked me to fetch some Dutch plaice off the barrow, and she can prove it. Her name is Emma Carter.
EMMA CARTER . (Examined by the Court). I am fourteen years old, and live with my mother, at 72, Granby-street, Waterloo-road—I have seen the prisoner several times at our house—he comes to see a gentleman upstairs, John Payne, who has lived in the house seven or eight weeks, but I do not know what he is—I last saw the prisoner there last Tuesday week, between seven and eight in the evening, and he never left the place till a little after 11, when he took a pair of plaice off the barrow, which I brought down from the market—my father sells fish, but he was not at the barrow, only me by
myself—I am sure it was last Tuesday week—I went before the Magistrate because Mr. White said he should like me to go and tell the truth about it—he sent for me, but did not speak to me—I did not go to him at all, I only went before the Magistrate—he sent for me because he wanted me to tell the truth—Mrs. Payne told me to go—she is the wife of the Mr. Payne who lives at my mother's—she said that Mr. White would like me to go and tell the Magistrate when White was at our place last—Mr. and Mrs. Payne were in last Tuesday week when he came, and Mrs. Potter—Mrs. Payne is here—the prisoner remained upstairs till a little past 11, and then he asked me to go for a pot of beer for him—it struck 11 then, and when I came back he was sitting there still.
ELIZABETH PAYNE . I am the wife of John Payne, a hawker of tins; we lodge at Granby-street—last Tuesday week the prisoner came to see my husband, at a little after 7—he had tea there, and never left my place till the clock had struck 11—my husband remained in all that time—the prisoner never went outside the door only to take a pair of plaice, which the child asked him to do, as they were too heavy for her to lift—my husband is in the country—he went yesterday morning—he did not say when he was coming back.
MR. DICKIE called the following witnesses in reply.
MICHAEL JOHN SHEEN (B 272). On Tuesday fortnight, 2d December, I visited the White Horse, Orchard-street, which I am in the habit of doing every night—it was as near 10 o'clock as possible, because I have to report myself at 10—the prisoner was in the tap-room half drunk, with several others—I have known him well for the last nine years—Granby-street is about a mile and a half from that public-house.
The prisoner's statement before the Magistrate was here read as follows:—"I am not the man. I pawned my handkerchief, on 2d October, to go to Croydon Steeple-chase, and redeemed it at 7 o'clock last night, from a shop in Union-street, Borough."
He was further charged with having been before convicted at Clerkenwell, on January 1st, 1861; to which he
PLEADED GUILTY.**†— Four Years' Penal Servitude.
166. MARK ARCHER (23), and WILLIAM HAYCOCK (21) Unlawfully wounding John Edward Morley. Other Counts, for assaulting the said Edward Morley, George Bull, and Frank Culliford, and occasioning them actual bodily harm.
MR. TAYLOR conducted the Prosecution.
GEORGE BULL . I am a butcher, of 153, Bethnal Green-road—on Wednesday morning, 3d December, I was with Morley, Culliford, and Higgs, at the Vicar of Wakefield public-house; we left at half-past 1; we were all quite sober—Higgs and Morley were on in front, and had turned round the corner of North-street, while Culliford and I were in Three Colt-lane—the prisoner Haycock turned the corner and caught hold of Culliford—I went to protect him, and Archer hit me on top of my head with a stick—I called for assistance, and Morley came round the corner, and Archer hit him over the head with a stick—my head swelled up about the size of a pigeon's egg by the time I got to the station-house—Morley fell from the blow, and Higgs picked him up and sat him on a door step—I then went to see if I
could see any of the others who had been to the raffle, but could not, and I came back and found Culliford following the prisoners—I went with him and they were given into custody—when the prisoners came up Haycock wanted to charge Culliford with assaulting him—Morley was brought there wounded.
Cross-examined by MR. PATER. Q. Had you been to a raffle with your friends? A. Yes—I had had a couple of glasses of sherry and some lemonade—only we four were together, but there were plenty of others there whom I knew—the raffle was at half-past 10 or a quarter to 11—I was either arm in arm with Culliford or by his side when Haycock seized him—nothing was said—I did not see the prisoners at the raffle—we either met them or they came at our side—the blow was on my cap, it has gone down now, this was a fortnight ago—it was twenty or twenty-five minutes to 2 when I returned and saw Culliford following the prisoners.
MR. TAYLOR. Q. As far as you can judge, is this (produced) the stick which Archer struck you with? A. Yes.
FRANK CULLIFORD . I am a butcher, of 1, Ann-street, Stepney—I was at the Vicar of Wakefield with the others, and left about half-past 1 in the morning—when I got to the comer of North-street, Morley and Higgs had gone on—Haycock came up and got hold of me by the collar and waistcoat, and tried to throw me, but I got away from him—he did not say a word—Bull came to my assistance, and Archer came up and gave Bull a knock on the head with a stick—Bull ran round the corner, and Morley came back to our assistance, and Archer gave him a blow on the head with the stick—I got away and followed the prisoners with Bull—I overtook them at the Lamb public-house, and they were given in charge.
Cross-examined. Q. Were they alone? A. Yes; we were four, but two of our friends had gone on, so we were only two—I was not more merry than I am now; a glass or two of sherry would not make anybody very merry—there was not a good deal of treating going on—I was not hurt, no attempt was made to rob me that I know of, but I dare say if they had the opportunity they would—that was the first time I had spoken to Bull, but I had seen him before—I had only had about two glasses of sherry and some lemonade.
MR. TAYLOR. Q. It is suggested that you were taken for a garotter, did you say anything to these men? A. Not the least.
Haycock. Q. How did I get my black eye and get my mouth cut? A. Why, I was obliged to take care of myself, and when you seized me I struck you in the face with my right fist—I had nothing in my right hand.
EDWARD MORLEY . I live at 74, Hare-street, Bethnal-green—I was with Higgs, in advance of the other two, and heard them cry out for help—I saw Haycock fighting my friend with Culliford, and Archer was defending himself with a walking-stick—I went up to him to give him a good hiding for making a disturbance with my friend—Bull had passed me; he got the top and then he turned the corner—I rushed at Archer and he gave me a blow on the forehead, which caused me to be insensible for a short time—it cut me, and I bled—Bull and Higgs followed them.
Cross-examined. Q. Were you rather merry? A. Well, we were there is no mistake about that, it was rather dark—I may have given Archer a blow; I do not know whether he felt it—I remember his saying, "If you do not stand off, I will give you a blow on the head with my stick"—I knocked his hat off, and it was not found till afterwards—when I had been struck with the stick, I said, "Well, lads, I must make the best of it, and I
must get home;" it was nothing but a squabble, and I was very sorry to see it put in the papers—I had never seen Culliford before that evening; he and Bull were rather the same as myself, we were inclined for the night, and no mistake about it.
JOHN HIGGS . I live at 169, Bethnal Green-road—I was with the last three witnesses, and when we came to the corner of Three Colt-lane and North-street, I went on, but hearing a noise I returned, and saw Archer strike Bull on the head with a stick, and Haycock straggling with Culliford—I saw Archer strike Mr. Morley on the head; I had to put him on a door step.
Cross-examined. Q. I believe you were merry? A. No, I was quite sober, and so were the others for what I know; Mr. Morley was.
GEORGE FEIST (Policeman 163 K). I heard a cry of "Police," and saw Culliford, Bull, and the two prisoners—Bull complained that Archer struck him with this stick; he was bleeding at the mouth—I took them as far as the Lamb public-house, where we saw Morley bleeding from the forehead—I took the prisoners on a charge of assaulting Morley and Bull.
MR. PATER stated that he could not struggle against a verdict for a common assault.
GUILTY of a common assault. MR. MORLEY stated that he found they bore good characters, and did not wish to press the case further. To enter into their own recognizances in 5l. to come up for judgment when called upon.
MR. ORRIDGE conducted the Prosecution.
CATHERINE O'BRIEN . I live at 14, Frederick-street, St. George's-in-the-East—on Friday afternoon, 5th December, about 4 o'clock, I went to a chandler's shop in Fenchurch-street for a quarter of a hundredweight of coals—as I came out the prisoner passed, and said he would assist me in taking them to my house—I had never seen him before—I allowed him to take them up into my room—he offered to stand some beer if I would drink it, and gave my servant 4d. to get a pot of half-and-half—the girl said that she could not get it for 4d., it was 6d.—nobody drank it but himself—he jumped from where he was standing into my bed with his clothes, and his dirty boots on—Catherine McCarthy was in the room—I asked him to get out of the bed, and so did she, and he kicked me in the stomach—I had done nothing to him—I afterwards got him by the legs to get him out of bed, and then he kicked me on the stomach—McCarthy asked him why he kicked me, and he said he would let her see, and he hit her on the forehead with his fist—he then laid hold of me by my hair, threw me down, and kicked me most fearfully on the body and face—he drew me along the floor to the cupboard by my hair, having kicked me for about ten minutes before he got to the cupboard—he then opened the cupboard-door, got a knife out; he said he would cut my throat, and stabbed me in the back of the neck with it—McCarthy said, "Oh! he has got the knife"—and she ran down stairs and screamed, "Murder!"—I was covered with blood—I screamed, "Murder!" and struggled to get away from him—several people came up stairs, and cried "Murder," and then he left me alone, and said by his Maker, that the first man he met he would rip him open—I was taken to the police-station and washed, and my wounds were dressed by a surgeon—we had had no dispute, about money, nor had anything happened but his
getting into bed with his dirty boots—I did not ask him for any money, or take any.
Prisoner. Q. You got into bed first? A. I did not—I did not take off my dress and put it on a chair—you never took any of your clothes off—the other young woman did not come in and take hold of your waistcoat and trousers while you were in bed—it is false.
Prisoner. They pulled the boots off my feet three times, and then she said, "Are you going to pay me what you owe me?"—I made a kick at her, and gave her a smack with the boot, or with my foot, I do not know which, and she fell against the bed—I got my boots on, and kicked her afterwards.
CATHERINE MCCARTHY . I am a servant, at 14, Frederick-street—I was up stairs when the prisoner came in with the prosecutrix—the prisoner sent me out for a pot of half-and-half—he gave me 4d. worth of coppers—I said that I could not get it for that—he took the 4d. and said, "I will go and get it"—he took the jug from the cupboard, and went out and got it, and asked us to drink—we said we did not want it, and he drank it all himself—then he jumped from where he stood into the bed with his dirty boots on—we got him by the feet, but we could not get him out, and he kicked the prosecutrix in the stomach—he then got out, caught her by the hair, and dragged her down, and struck me on the forehead with his fist—he was kicking her ten minutes, and then he took his foot and stamped on her chest as hard as he could—he then went over to the table, dragged her with him, opened the cupboard-door, and took out a knife—I called out, "Murder! he has got a knife"—he then chucked her into the back room, and stabbed her on the back of her neck—he then kicked her, and said to me, "I will out your d—d throat"—I went and got a policeman—there was no quarrel beyond what I have described—neither of us had done anything to provoke him.
Prisoner. Q. You gave me the jug, and I did not take it from the table? A. You took it yourself from the same cupboard that you took the knife from.
COURT. Q. Did he ever take his clothes off? A. None of them—there is not the least truth in that—they were not taken away.
Prisoner. I can prove that by the policeman, who saw me with the trousers on my arm, and she had the waistcoat. Witness. It is false.
MR. ORRIDGE. Q. How long were you out of the room when you went for the police? A. About two minutes—he had all his things on when I left—when I came back I was afraid to go up stairs—the prosecutrix was then lying in the room—she could not scream or speak—when the prisoner saw the policeman he ran down stairs—I cannot say whether he had his trousers on or off then, but he never had them off while I was in the room—I was standing below when the policeman came, because he had threatened to take my life.
JOSEPH CONLEY . I am a member of the Royal College of Surgeons, and live at 71, High-street, Whitechapel—I was called to the police-station in Leman-street, about half-past 5 on this afternoon, and found the prosecutrix with a wound at the back of her neck, an inch and a half long, dividing the branch of an artery, from which she had lost a good deal of blood—it was an incised wound—this knife (produced) would inflict it, and there are slight marks of blood on it—her clothes were saturated with blood—her arms and shoulders were very much bruised; they were recent.
Prisoner. My finger was bleeding when I picked up the knife, and the blood from it went on the knife—I did not use the knife. Witness. It was not a contused wound—it could not have been inflicted by a chair, by the floor, or by a blow.
FRANCIS KELLY (Policeman, H 130). I was going through a passage in Frederick-street, and heard a man saying loudly, "I will knock your b—brains out, and the first b—man I meet, I will rip him open"—he came running down the stairs of No. 14, with this knife in his hand—he had his trousers on his left arm—his coat was on—I did not notice whether his waistcoat was on—he put his trousers on down stairs before I took him—I forgot that at the police-court—I seized him, and took the knife from his hand—he said, "I picked up that knife; I kicked against it, and picked it up on the stairs"—I took him up to the room where the girl was lying on the floor, with a pool of blood by her—her clothes were torn from her shoulders, which were naked, her hair was hanging about, and a quantity of blood was running from the back of her neck—the prisoner said, "They have robbed me"—I said, "Of what?"—he said, "To the best of my knowledge, 18d. and my trousers"—he had put his trousers on then—I do not think he was drunk, he might have been drinking—he was very much excited, but he knew what he was about—I took him to the station, and next morning he said he missed his waistcoat also—he had no waistcoat then.
Prisoner. I had a waistcoat on when I went to the house, and had the money in the pocket of it, and you took it out—I had no blue shirt at all. FRANCIS KELLY. (re-examined.) You said that you had 18d., to the best of your knowledge.
The prisoner, in his statement before the Magistrate, send that McCarthy took his trousers, in which was 1s. 9d. or 1s. 10d. and his waistcoat, in which was a ticket for a coat for 2l. 12s. 6d., and the prosecutrix seized his coat and boots, which he took from her after a struggle of ten minutes, during which she fell, and the wound might ham been inflicted by his boot; that McCarthy afterwards brought his trousers up without the money in the pocket, and that he saw no knife till he picked one up on the stairs.
Prisoner's Defence. They took me there, and tried to rob me; if I had not done what I did, they would have stripped me naked; they get their living by it night and day for years and years.
CHARLES BAKER (City-policeman). I have known O'Brien for years as a prostitute—she belongs to a very bad class—when a man once gets into that place he is fleeced—they would take the shirt off his back.
GUILTY of unlawfully wounding. — Confined Six Months
THIRD COURT.—Thursday, December 18th, 1862.
PRESENT—Mr. RECORDER; Mr. Ald. CONDER; and ROBERT MALCOLM
Before Mr. Recorder.
168. WILLIAM DONOVAN (38), ALFRED OSBORN (21), ROBERT BURNES (33), HENRY WILSON (23), and WILLIAM ROBSON (19) , Burglariously breaking and entering the dwelling-house of George Adams, and stealing therein 42 ladles, value 6l., and other goods, value together 40l., his property. Second Count, receiving the same.
MR. PATER conducted the Prosecution.
MARY GODDARD . I am in the service of Mr. Adams, of 87, Oxford-street—on Tuesday night, 18th November, about half-past 10 o'clock, I made the premises fast—the glass-case was safe at that time—when I went down in the morning at a few minutes past 8, the shop-door was standing wide open, and the glass case was open, and the things strewn about the floor—there was a quantity of straw and a knife, the door was unbolted; it was bolted when I went to bed—a quantity of plated goods were taken from the premises.
GEORGE ADAMS . I am a dealer in plated goods, carrying on business at 87, Oxford-street—on the morning of 19th November I rose about 8, came downstairs about half-past, and saw the glass-cases all open, and a quantity of the plated goods lying about the shop, and a quantity of straw and a knife there—I have seen thirty-three sauce-ladles, nine soup-ladles, ten sugar basins, 106 spoons, and other articles, which are in the custody of the police—these are they (produced)—I identify them as my goods; they are Worth about 40l.
WILLIAM ACKRILL (Police-sergeant, F 48). Between 10 and 11 o'clock on the night of 18th November I was passing Queen-street, and saw the five prisoners come out of No. 9, the prisoner Donovan occupies No. 9—I saw Burnes carrying a wicker basket, which appeared to be very heavy, and there was something shining at the top of it like silver, and Osborn and Robson were carrying another basket—I saw them turn round, they caught tight of me, and then went into No. 10, which is also occupied by Donovan—I afterwards went to No. 10 with Sergeants Holmes and Cole, and in a cellar of that house we found two baskets full of plated articles; the baskets were of exactly the same description as those I had seen them carrying before; they were both quite full, piled up—the articles have been identified by the prosecutor—we then went to No. 9, and in the front parlour found Burnes and Donovan—I told Burnes I should take him into custody for stealing a quantity of plated goods; he said, "All right;" we then took him to the station—the houses are lodging-houses.
Cross-examined by MR. METCALFE (for Donovan). Q. When you went in Donovan was at supper, was he not? A. Burnes was at supper; Donovan was in the same room; his wife had been recently confined, she was in the back room adjoining—we did not go in that room to disturb her—Donovan lives at No. 9, they are both lodging-houses: he lets lodgings in the house in which he lives—there were people lodging in both houses at the time—we searched every room in both houses—I should say it was about an hour from the time I saw the baskets being carried, until the time I came back again; it may have been a little more.
Cross-examined by MR. LILLEY (for Osborn and Burnes). Q. Were you not away, nearer an hour and a half? A. I think not—I was on the same side of the way as the prisoners when I saw them, about six or seven yards off, in the street; it was nearer to 11 o'clock than 10—I should say that the business houses there are not shut up at 10 o'clock—I am quite sure they are not—it is a well-lighted street there—there were two or three lamps there; the public-house lamps were shining through the window—there were none of the usual lights out at 11 o'clock—the public-house has no lamp outside; it has two inside, in the window, which reflect into the street.
Cross-examined by MR. MONTAGUE WILLIAMS (v for Robson). Q. You say that Robson was assisting to carry the second basket? A. Yes—Robson was not there when I came back—Burnes and Donovan are the only two I speak to.
MR. PATER. Q. Have you any doubt about Burnes and Osborn being there when you saw them go into No. 9? A. Not the least; I had known them before.
WALTER HOLMES (Police-sergeant, F 3). I went to No. 9, Queen-street, on this day with Ackrill and Cole, and found Burnes there; Burke is his proper name—I found Donovan and Burnes inside, and Osborn standing outside; Burnes was drunk—I then went into No. 10, and then returned again to No. 9; in No. 10 we found these two baskets piled up full of all kinds of plated goods, they were counted—I did not take the prisoners—I requested Cole and Ackrill to take them—at No. 9 I found this jemmy and crowbar, and a knife rest also, down in the cellar—I had to wrench off the padlock of the cellar door of No. 10 before I could get to these things—Donovan belongs to both houses; he and Burnes live in No. 9.
CHARLES COLE (Police-sergeant, C 23). On 19th November, between 8 and 9 o'clock, I saw all the prisoners, with the exception of Donovan, near Crown-street, Soho—Burnes and Osborn went into Mr. Fry's, a pawnbroker's shop, and the other two stayed outside near—I went inside also, and from what I heard I communicated with Ackrill and Holmes—I then proceeded to Queen-street, and saw Osborn outside No. 9, with several other men—I went in with Ackrill and Holmes, and went into the front parlour; Barnes was sitting eating some supper, and he immediately said, without my speaking to him, "Holmes, you are on the wrong scent this time," or words to that effect—Holmes was then proceeding into the next room, and Barnes said, "You can't go in there, because," pointing to Donovan, "his old woman is just confined "—Holmes said, "I have a duty to perform, and I must go"—he was about to go into-the room when Burnes rushed towards him with a knife and fork in his hand, and placed himself in an attitude as if he was going to stab him—I was in plain clothes at the time, and I took out my stick, and said, "If you attempt to hit him or any other man here, I will kill you"—I had a small truncheon which I carry when I am in plain clothes—he then made use of some expression and threw down the knife and fork, and I threw them behind the bread tray—I then said to Donovan, "Donovan, you have had some plated goods, or electro-plated goods brought here," or words to that effect—he said, "No, by God; I have had nothing here"—I said, "If they are not here they are next door, and that is all one, the houses both belong to you, or are under your control"—he said, "There is nothing here"—I said, "I shall search the place"—he said, "Well, you may search the place"—I said, "If you don't like to tell me, you must consider yourself in custody," and I placed him in custody—we then proceeded to No. 10, and I there saw Holmes with this property, and other besides, in his possession—I picked up a packet of spoons in the cellar of No. 10—when Donovan was about to leave the dock at the station-house, he said he was a fool for keeping them so long, or something to that effect—we put them back for a time to fetch the prosecutor.
Cross-examined by MR. METCALFE. Q. Was not the expression used, that he wished the things had not been there so long, then he should not have got into that mess? A. It might have been—I would not swear to the words—I would not say those words were not used; he might have said, "I wish the b—things had not been there so long, then I should not have got into this mess"—I would not swear to the words exactly.
EDWIN CHAPPEL (Police-sergeant, E 36). On Thursday, 20th November, about 1, whilst the prisoners were in the cell, I heard Donovan say something—he was walking up and down the cell, there were two of them together—he said, "You chaps have got me into a d—d pretty mess, I did not want to have anything to do with it, and I should not, if it had not been for Bob; I had a chance to put it away, and I was a d—d fool to keep it so long"—I did not hear what the other man said; he spoke, but in so low a tone of voice I could not hear him—in answer to something he said, Donovan said, "It is a d—d lie, nobody see me put it away."
Cross-examined by MR. METCALFE. Q. You were sleeping between the cells were you not? A. I had charge of the cells—the prisoners were put into cells adjoining each other—I was in the yard, the doors of the cells lead into the yard—I should pass the doors of the cells—Donovan and another man were in one cell, and Osborn and Burke in the next—the man who was with Donovan is not here, he was not charged—I don't know his name—he was discharged from prison—he was taken into custody on this charge—he was not charged, merely taken to the station as a prisoner in this case, by the officers engaged in it—he was not taken before the Magisrate—I don't know whether he was discharged by the inspector; I was not there—I can't tell you how long he was kept in the cell—this police-station is in George-street—I have known cases where persons have been detained for hours, while an officer has been gone to fetch the necessary witnesses—this man was locked up in that way—a female was in the next cell on the other side of Donovan—I don't know who she was—she was brought in on a drunken charge; she was rather drunk and noisy then—nobody was on the other side of Burnes and Osborn—I heard them talking, and I went to hear what they had to say—I did not require to put my ear to the keyhole—there is a fanlight over the doors—it was said just as loud as I could hear—I should not have heard him so clearly, but he came close to the cell door as he was walking—I did not put the words down, but I am quite certain of them—I am not quite sure whether he said, "A d—d pretty mess" or "A d—d nice mess"—I did not get a copy of my deposition from the police-court; I have not seen it, nor heard it read over except by the clerk at the court—I made no memorandum of the conversation I heard—I told Mr. Hubbard, the inspector, of it on that same morning, directly afterwards, and he told me to go and listen again—Osborn commenced singing a song in the cell, the song was "Phoebe, dearest, tell me how to woo thee"—I am quite sure it was Osborn, because I spoke to him on the occasion—Burnes was drunk—I don't often listen like I did then—I have never reported a conversation on any other occasion except this.
MR. PATER. Q. Your usual duty when prisoners are brought in is to take charge of them at the time? A. Yes, we were very busy at that time.
CHARLES BROWN (Police-sergeant, C 5). On Saturday week, 22d November, I apprehended Wilson; another man was with him—I took Wilson for loitering in Castle-street, Leicester-square, and having in his possession housebreaking implements; he had a crowbar, a screwdriver, some matches, and a piece of soap—he walked very quietly with me till we got to Jermyn-street, when he made a sudden jerk, and ran twenty or thirty yards—I took him again, and as I took him he dropped the crowbar, which I picked up, in Regent street.
Wilson. Q. Did any one else stop me besides? A. Yes, another constable in uniform came up at the time—the crowbar was picked up two or
three yards from you—I saw you drop it—I took a pipe away from you at the station, which I broke before the inspector.
COURT. Q. What is the soap for that you found on him? A. It is used sometimes to take impressions of keys with.
WILLIAM FRANKLIN (Police-sergeant, E 20). On Wednesday, 3d December, I met Robson in Wells-street, Oxford-street, and told him I wanted him for being concerned, with four others in custody, in breaking into Mr. Adam's shop—he said, "I don't know anything about it"—he then said, "Who are the others in custody?"—I said, "Donovan, Burke, and Seeley"—Seeley is Wilson—he said, "I don't know them; I was not with them"—I then took him to the station, in George-street—he was placed there with lots of others—Ackrill was sent for, and identified him—he then said, "I own I was with them that night when you saw me, Mr. Ackrill, but I know nothing about the robbery; this is the effect of keeping bad company; Seeley has often wished me to go out with them, but I told them I would not; he then has called me a fool, and said I had not got nerve enough."
Cross-examined by MR. WILLIAMS. Q. When you first spoke to Robson, did you not say you wanted him for a burglary? A. Yes.; in Oxford-street, and he said, "I don't know anything about a burglary"—I think I stated before that he said, "I don't know them; I was not with them"—as near as I can recollect, those were the words—I believe I have stated before that he denied acquaintance with the other prisoners—he did not at once say, when I told him the names of the men who had been taken, "I was with them, but I know nothing about the robbery," certainly not—he did afterwards, in the presence of Ackrill—at the time I apprehended him, he denied all knowledge of the other prisoners.
JOSEPH LAMBERT (Police-sergeant, E 12). On Wednesday, 19th of last month, about half-past 8, I went to the prosecutor's house, 87, Oxford-street, and examined the premises—I found a glass-case broken open in the front shop, apparently by this knife, which was found there, as it exactly fitted into the mahogany woodwork—I went down into the warehouse, and through a water-closet, and over a small area leading from the water-closet I found that some one had been down, from the fresh marks—I then went out into the street, and discovered that the iron-grating, which had been fastened down into the foot pavement, had been forced up, and the brick-work of the house forced out—that was the way accross had been obtained.
Wilson's Defence. According to the statement of Ackrill, he saw five of us come out of No. 9, and go into No. 10, when we saw him. Is it likely that we, knowing him to be a police-constable, should have left those baskets there for an hour and a half? He does not say I carried a basket.
Dennis Vearden, of 16, Church-lane, Bloomsbury, and Robert Burke, of Drury-lane, gave Donovan a good character. Ann Sisam, of 88, Margaret-street, Wells-street, and Ann James, of 12, Castle-street, Upper St. Martin's-lane, spoke to Robson's good character for honesty and steadiness of conduct.
OSBORNE, BURNES, WILSON, and ROBSON, guilty of housebreaking.
DONOVAN, guilty of receiving.— Three Years' Penal Servitude.
Robert Burns and Henry Wilson were further charged with having been before convicted of felony, Burns at Westminster, on 13th January, 1855, in the name of Robert Burke, sentence Six Years; and Wilson at this Court, on 26th October, 1857, in the name of Henry Entwhistle, sentence Four Years; to which they
BURNS.**†— Eight Years' Penal Servitude.
WILSON.*— Six Years' Penal Servitude.
OSBORN.— Confined Twelve Months.
ROBSON.— Recommended to mercy by the Jury on account of his good character, and believing he had only lately been led into crime.
Confined Six Months.
THE COURT ordered a reward of 20s. to the constable Ackrill.
Before Robert Malcolm Kerr, Esq.
MR. BEST conducted the Prosecution.
CAROLINE BROWN . I am nurse at 44, Stock Orchard-crescent, Caledonian-road, Islington—on the evening of 24th November, about half-past 9 o'clock, I had been out for some biscuits for my mistress—I had them in my hand in a paper parcel—when I came near the Camden-road Railway I met the two prisoners—they first asked me what the time was, and then if I was cold—I don't know which it was spoke—I went on as quick as I could, as I did not like the look of them—as I turned round the corner they came and knocked my arm, and knocked the biscuits out of my hand—I stooped to pick them up, and they pulled me by the cloak and pulled me down in the road—I can't say which of them did that—they came behind me—they tore my cloak in doing it—they did not do anything to me when I was on the ground—one tore my veil off, and the other had got her hand in my pocket—I had fivepence in copper in my pocket before I saw them, the change out of the money for the biscuits—they used very bad language indeed; one called me a b—old b—h, and the other used language I should not like to repeat—I called "Police," and they ran away as fast as they could—I found that the fivepence was gone out of my pocket, and when I got to the station I found that part of my fall was gone—I was too frightened to notice it before—this is the piece (produced)—it was found in the pocket of one of them.
Cross-examined by MR. ROWDEN. Q. Had you ever seen these children before? A. Yes; Parish, at crossing-sweeping—there were no other children about at that time—I saw a lady and gentleman—I could feel the children pull me down—no one was near the place at the time—they both used bad language, but Carter was the worst—it was the children who followed me, because there was no one else in the road but them.
Parish. I am sorry for what I have done; what I did I only did in fun. I did not knock the lady down; God knows I did not I am a poor orphan in the world.
WILLIAM MARSH (Policeman, N 170). On the evening of 24th November, about half-past 9, I was in the Park-road, near Camden-road, and heard an outcry like "Police"—I hastened to the spot, and found the prosecutrix there, with several other persons—in consequence of something she told me, I went in search of the prisoners, and found them in the Holloway-road, about a hundred yards from the spot where the prosecutrix was—they immediately ran away, and I saw them throw a number of biscuits away from them—these are some (produced)—I can't say which threw them—they appeared to come from both of them—I took them in custody, and, on arriving at the station, I made them turn their pockets out—I found this
portion of the veil in Parish's pocket, three penny-pieces, and a halfpenny—on Carter I found fourpence in copper.
The prisoners' statements before the Magistrate were here read as follows:
Carter says: "I am very sorry for what I have done. If you will forgive me, you shall not see my face again." Parish says: "I am very sorry for what I have done. I hope you will forgive me. I will never do it again as long as I live."
Parish's Defence. I have never been brought up a thief; it was only play; I am very sorry for what I did.
GUILTY.— Recommended to mercy by the Jury on account of their youth.—Judgment respited.
MR. LANGFORD conducted the Prosecution.
CHARLES AUGUSTUS DORRINGTON . I am a butcher, at 24, Bath-street, St. Luke's—on the night of December 15th, about 7 o'clock, I was passing in front of Mr. Balderson's shop, in Goswell-road, and noticed ten sheep hanging up there in front—I passed on, and came back again, St. John's-street-road way—crossing over the road to come up a turning which leads to the side of Mr. Balderson's shop, I met the further prisoner (Grimble) with a carcase of mutton on his shoulder—I followed him into St. John-street-road, and saw the other prisoner join him—they then went some distance down the road on the left-hand side, and a man with a small van passed them, and Storey halloed to him, ran after him, and stopped the van—I saw the carcase put in the cart—they both put it in together, but Grimble had it on his shoulder—Manby is the man who had the van.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. You say there were ten carcases hanging up outside the shop? A. Yes—that was about 7 o'clock, as near as I can say.
HENRY MANBY . I am a greengrocer, of 60, St. John-street-road—I was going up St. John-street-road with my van on the night of 15th December, a few minutes before 7 o'clock—Storey, whom I did not know, called to me—he said, "Hi!"—I looked back and saw him running across the road to me—he came up and said, "I can put a shilling or two in your way"—I said, "What for?"—he said, "To go on the other side of London bridge"—I said, "What to do?"—he said he had got a sheep from the market, where they had been all day, and he was obliged to kill it, because it had got bad feet, and his mate had carried it as far as he could, and if I would take it to London-bridge he would give me two shillings—I said I could not do it, as I had other business to attend to—he said, "If you would, you would oblige me"—I then said, "I must run home and tell them I am going"—I then ran home, and when I came back the two prisoners were with the van and the sheep—Storey first said he would give me two shillings to go to London-bridge, and then he said afterwards, if I would oblige him he would not mind giving me half a crown, and something to drink—I then proceeded on to London-bridge, and was stopped by the policeman, Poole—I did not see the sheep till it was in the cart.
DAVID POOLE (City-policeman, 380). On the night of 15th December, about half-past 7, Dorrington gave me some information, after which I followed a van, and stopped it on Snow-hill—the two prisoners were in the van, and Manby—I saw a carcase of mutton in it, which I took possession of—I said to Grimble, "Where did you get this carcase of mutton from?"
—he said, "From the new cattle market"—I said, "From whom did you get it there?"—he could not tell me—I said, "Where are you going to take it to?"—he said, "To the London-road"—I said, "That account is not satisfactory; I must take you to the station-house"—I took them there, and showed the carcase to Mr. George Balderson.
Cross-examined. Q. Did not Grimble tell you how much he had given for it? A. Thirty-two shillings—it was lying open in the cart; any one could see it as they were walking along.
GEORGE BALDERSON . I am a butcher, at 315, Goswell-road—on the night of Monday, 15th December, I had ten sheep hanging in front of my shop—a few minutes before 7, I missed one—I did not sell it to anybody—the last witness fetched me down to the station that same night, and showed me a carcase of a sheep—I am certain it was mine—my private mark was on it—that is made on the side while it is warm.
Cross-examined. Q. You have not got the carcase here now? A. No—there was a slight mark on each side of the sheep—everybody has their own mark—it is a custom when the sheep is warm to cut the skin.
COURT. Q. Was your mark a simple cutting of the skin? A. Yes—I am perfectly certain it was my sheep.
GUILTY .— Confined Twelve Months each.
MR. HORRY conducted the Prosecution.
JAMES MANN . I am a coach painter, at 16, and 17, Ada-street, London-fields, Hackney—the prisoner is my brother—on Sunday afternoon, 30th November, while at dinner, I heard a knock at the street door—my son left the room to answer the knock, and returned bringing me this letter (produced)—it is the prisoner's writing—on the preceding Friday, the 28th, I was out, and when I came home I found the front of a dial smashed, and also the front of a glass case—(Letter read:"30/11/62. James—You may be surprised at receiving this from me, after what happened on Friday night; but I consider you owe me 2l. 10s., which Hester told you to pay me, and I am determined to have it, or I will have ten times the worth of it out of your property. If you had been in when I came on Friday night, I would have had the money, or I would have left you with sore bones. Now you know me pretty well; and if I say I will do a thing, I will do it. Now, if I do not receive part of the money tonight, I will pay you a visit when you least expect it; so you had better send it to-night to me, at a place I shall name, or I will make you keep your bed for a few days. You only pretend religion to suit your own avaricious nature, and I consider that you are nothing better than a swindler. You do not like to let me have the money, and you never intend to pay Hester—the same as you have swindled others. I am quite aware what you think of me, but I do not care one pin for that. I can't fall lower than I am at present; so if you know when you are safe, you had better send the money, or you will not do much work next week, and I will take care you do not derive much profit from your shop. P.S. You had better send the money to me, at No. 4, King's Head-court, Shoreditch, to-night, between 8 and half-past, as I shall be waiting for it, and I am resolved to have it. Alfred Mann.")—That letter came in an envelope, which I threw into the fire—it was addressed, "Mr. J. Mann, 16, Ada-street, London-fields"—it had reference to me—in consequence of that letter, I went, on Sunday evening, about 8 o'clock, to King's
Head-court, Shoreditch, accompanied by the detective, Harmer—I went to the door of No. 4, alone, and knocked—the door was opened by a young man—I spoke to him, and he spoke to me—he went inside, and in three or four minutes the prisoner came out with a stick in his hand, which the constable has got—I asked him what that life-preserver meant, that he had in his hand—I thought it was a life-preserver—I pointed to it, and said, "Put that down"—he said, "You b—, I will let you know what it means"—I then said, "I have come in answer to your letter, and I want an explanation of your conduct, for I don't know what you mean"—he said, "Come away from the door? don't stand talking here"—I walked with him a few steps up the court, when he observed the hat of some person, from the light of the lamp, at the end of the court, and said, "You have got somebody here, have you, you b—, that you know?"—he then deliberately took the stick and knocked me down—the constable then came up, and by the time I had recovered myself he was in custody—we had a cab from there—I rode on the box—a circumstance happened inside, but I did not take notice of it.
Prisoner. Q. Do you owe me any money? A. I do not—your sister Hester never lent me any money in her life—some three years ago there was a little business transaction between me and Mr. Harris, her husband, but that was settled duly according to the arrangement made between us—it was not a loan, it was a gift—Hester never wrote to me for money which I owed her, asking me to pay it in small sums if I could not pay it all at once: that I deny—I saw you write a memorandum about two years and a half ago—I knew your writing—I did not hallo "Stop thief" at all—the constable did.
MR. HORRY. Q. Have you supplied the prisoner with money at any time? A. I have—by way of gift—I have found him employment, and employed him myself—he has been supplied with clothes and money, and has got several situations through me and my family—I have myself obtained him several situations.
JAMES MANN, JUN . I am the son of the last witness, and live with him—on Sunday, 30th November, about dinner time, I answered the door—a man at the door gave me a letter—I can't say whether this in it—it was in an envelope, addressed 17, Ada-street, London-fields, Hackney—I gave it to my father directly—I left the street-door open, came back, and went out—I then saw the man who gave me the letter meet my uncle on the bridge, and they both went on together—he turned his head, and saw me, and went down a small turning—I went on and came back, and saw them both again—I went into a sweetstuff-shop to make him believe I was not following them—I then went home to my father, and told him what I had seen.
JANE MANN . I am the daughter of the first witness—I live with him—on Friday, 28th November, between 8 and 9 o'clock, the prisoner come to my father's shop—he asked if my father was in—I said he was not—he had just gone out—then he said, "Is he next door?" I said, "I don't know"—he went next door, and returned in about a quarter of an hour, and said, "Is your father at home?"—I said, "No"—he said, "Give me a pen and ink"—I did so, and he pushed it back—he then took a stone out of his pocket, and threw it at the clock—I said, "Don't do that"—he then took out another stone, and threw it at the front of the shop case, a glass case, and said, "I don't care a d—, tell him I did that."
WILLIAM HARMER (Policeman, N 166). I went in private clothes, with the prosecutor, on the night of 30th November, to King's-head-court—I saw him go up to the door, and afterwards saw him and the prisoner together—I saw the prisoner strike Mr. Mann with the big end of this stick (produced)
—it caught him on the shoulder, and felled him to the ground—I ran up, and took the prisoner into custody, and got into a cab with him—the prosecutor rode outside, and I went inside with the prisoner—the prisoner put his hand out of the window, and struck at Mr. Mann, but did not hit him—he caught it against the iron, and shook it for some time in the cab—I said to him, "If you don't sit still I will give you something"—I had my little truncheon down by my side, which he did not see—he said, "What will you give me?"—I said, "I will give you something"—I told him the charge, and he said he knew nothing about it.
Prisoner. Q. How could you see which end of the stick I used when you were at the end of a dark court? A. There was a lamp over the door where you were—it was alight—I shouted out "Stop thief."
The prisoner's statement before the Magistrate was here read at follows:—"All I have to say is, he owes me 2l. 10s.—my sister lent him the money, and ordered it to be paid to me; I applied for the money; he refused to give it me. I know nothing about the letter; I never wrote it or sent it"
Prisoner's Defence. I acknowledge I used the stick; I don't know which end I used. I am certain he owes me the money; my sister or her husband lent him money. He has committed wilful perjury. I asked him if he would let me have a little money, some of it, if he could not let me have it all, and he said he would give me neither money nor goods.
MR. HORRY stated that the prisoner had threatened violence to several members of his family, who were highly respectable, and that he had had six months' imprisonment for stealing a watch.
Confined Twelve Months.
OLD COURT.—Friday, December 19th, 1862.
PRESENT—MR. RECORDER; and Mr. Ald. DAKIN.
Before Mr. Recorder.
172. FANNY JACOBS (44), and MICHAEL DE HOZIZIER (37) , Stealing 21 yards of satin, and 12 yards of silk, the property of Robert Robinson, and another, in their dwelling-house. Second Count, receiving the same.
JACOBS— PLEADED GUILTY .
The prisoner being a foreigner had the evidence interpreted.
BENJAMIN LEECH . I am porter to Messrs. John and Robert Robinson, of Milk-street, Cheapside—on the morning of 15th December, Jacobs and another woman, and a man, came to our warehouse, and asked to look at some velvets—I rang the bell for some one to come and attend to them—there was a knock, which occasioned me to go to the warehouse door—when I came back they proposed to leave, saying they would call again in a quarter of an hour—they afterwards went up into the velvet room—they did not buy anything there—in consequence of something that was said to me by Mr. Robinson I watched them when they went out, and followed them to the corner of Aldermanbury—Jacobs went into Fountain-court—I passed the other woman, and she ran away—I turned into Fountain-court, and there saw the two prisoners by the side of each other—the male prisoner had a bag on his hand, holding it open, and the female prisoner dropped these two pieces from underneath her mantle into the bag, and the bag fell on the pavement—I caught hold of the male prisoner, took the bag from him, and said they were some goods stolen from Mr. Robinson's—he tried to get away, and in doing so tore his coat—he did get away—I followed him, halloing out
"Stop thief"—he ran against somebody, and fell down—these (produced) are the goods I found in the bag—they are my employer's property—they were taken from the room where the female prisoner and the other two persons were.
De Hozizier. Q. Did I ever appear in the house? A. No.
De Hozizier. I happened to be in the street, and met the female prisoner casually—I asked her for an address; she said she did not know it, and asked if I would oblige her by holding this little bag—I held it for her, and she took two rolls of something wrapped in paper, and placed then in the bag—the witness then came up and spoke to me—I did not understand him—the female ran away—I remained there, and the witness seized me—I did not make any resistance; in fact, I almost fainted away—I am a martyr to my confidence in this female.
DANIEL BRYAN . On the morning of the 16th I was standing near Aldermanbury, and heard a cry of "Stop thief"—I saw the male prisoner running away up Aldermanbury, and the last witness pursuing him—a man came past, and knocked him up against a doorway—he was going to run away again, and I laid hold of him, and held him—he tried to get away from me, and another man came to my assistance, and we held him till the constable came up.
De Hozizier. I made no resistance; I could not. I fell down. I was more dead than alive. Witness. He did resist, and tried to run away.
DE HOZIZIER— GUILTY of receiving. — Confined Twelve Months
JACOBS— Confined Eighteen Months.
NEW COURT.—Friday, December 19th, 1862.
PRESENT—Mr. Ald. DAKIN and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. LANGFORD conducted the Prosecution.
EDWARD REEVES . I am a watchmaker, of 129, High-street, Lewes, Sussex—on the night of 29th July, I locked up my house, and secured my windows—on the next morning I went down, and found the shop and back premises had been broken open, and seventy watches and a quantity of jewellery taken away, and two silver forks, three plated ones, two butter knives, and some watches—three out of these five watches (produced) are mine—one belongs to a customer, and was in my possession—these knives and forks are mine—I communicated with a constable.
Cross-examined by MR. BEST. Q. Are they such forks as any silversmith would sell? A. Yes—the watches are common, but have a particular number and name—no two watches are alike—it is not ordinary for a maker to have two numbers.
MR. LANGFORD. Q. Tell us the number and name on this? A. "Worrall, 1864"—that one is on my list—here is my private mark on two of the knives.
Cross-examined. Q. Have you since been with the prisoner to look for
a man named Luke Bliss? A. Once—I have not the slightest doubt that there is such a person—he is a hawker of jewellery, I believe—I suppose he is not to be found—I have got a true bill against him for this robbery.
WILLIAM YOUNG . I keep the Red Lion public-house, Wilson-street, Finsbury, and know the prisoner—on 7th November I had a watch from him for a party to look at—the price was 50s.—this is it—I told him I knew a person who wanted to buy it—I afterwards handed it to the constable Miller.
Cross-examined. Q. Do you know Luke Bliss? A. Yes—he also goes by the name of Watson, and is called Cheap Jack—I have known him a year and a half, and saw him it may be two or three days before 7th November—he came into my place, and asked me to lend him some money on some gold chains, and I refused to have anything to do with him—he then said that Mr. Gough had lent him 4s. on this very watch—I told him a customer of mine wanted a cheap watch for his son to send into the country—Mr. Bush's sale took place on 7th November at the prisoner's house—I went to it—it consisted of clothes, and gold and silver watches—I saw Mr. Clark, who wanted to buy a watch, and I said to the prisoner, "My friend came here to buy a watch"—the prisoner pulled the watch from his pocket, and said, "Here is one"—Mr. Clark said that he should not like to buy it without having it a week on trial, and the prisoner let him have it on trial—I took it away from Mr. Gough's house—I have known the prisoner for many years, and never heard anything against him—he is one of the vestry-men of Shoreditch, and is very much respected.
JURY. Q. Was there a catalogue of the sale? A. Yes—Mr. Bush is here, and I believe he has one, but this had nothing to do with it—I gave the watch to Miller on the 8th.
THOMAS EVANS (Police-sergeant, G 22). On Saturday night, 8th of November, about 12 o'clock, I went in plain clothes to the Paul's Head public-house, Finsbury, of which the prisoner is the landlord—Miller was with me—I told the prisoner I belonged to the police, and had information that he had got some stolen property in his house, and wished to search—he said, "I have got no stolen property here, where will you begin?"—I said, "In the bedroom, up stairs"—I went up with him to a bedroom on the second, floor, and commenced searching the drawers and cupboard—I then went to the bed, and he said, "By-the-bye, there was a box of watches left here by Mr. Bush the night before last"—I took them out from under the bed, on the floor—there were twenty gold watches, and five silver ones—he said, "They belong to Mr. Bush, of Kilburn"—I have since ascertained that to be correct—I asked him if he had any more—he said, "No; you have got them all now"—I then came to an iron-safe, and asked him for the keys—he said that they were down stairs—I went down stairs, and he asked his wife to give him the key of the drawers, and then said, "I have got the key of the iron-safe in my pocket"—I went upstairs with him again—he gave me the key, I unlocked the iron-safe, and found the five silver watches, the knives and forks, and some silver spoons—he said, "I forgot they were there; they belong to me"—I asked him where he got them from—he said, "I got the five silver watches from Mr. Weston; I lent him 50s. on them"—I took him in custody—I also found some gold chains and brooches, a diamond ring, some silk handkerchiefs, and some money and pawnbrokers' duplicates—he said at the station that he got one of the silver watches out of pawn, from Mr. Cotton, of Shored itch—when we were up stairs he said, "I did not ask you what you were looking for, or your authority"—I said, "I am
looking for a quantity of watches"—it was then that he said, "Oh, by-the-bye, there is a box of watches."
Cross-examined. Q. You have known him for some time, have you not? A. Yes—I know nothing against him—I know Luke Bliss, a traveller and hawker in the jewellery trade—he haunts that part of London—I do not know that he goes by the name of Watson—I had no claim on the diamond ring and other articles—he told me where these handkerchiefs were bought, and I ascertained that to be true—the silver spoons I believe belong to him—Mr. Cotton could not remember whether the prisoner had a watch of him or not.
WILLIAM MILLER (Policeman, G 148). I received a watch on 8th Nov. from Mr. Young—that is the one shown to Mr. Reeves—on Saturday night, 8th Nov. I went with Sergeant Evans to the Paul's Head, and accompanied him in his starch—I have heard his account, it is correct—on the Monday morning I was taking the prisoner in a cab to the police court, and he said, "It is a bad job, I never had them of Mr. Watson, I had them of Mr. B."—and afterwards at the court he said that he had 30 or 40 from Mr. Bliss.
Cross-examined. Q. Have you inquired for Bliss? A. Yes, there is such a person.
The prisoner received an excellent character.
NOT GUILTY .—The Court stated that the prisoner left the bar without the slightest stain on his character, in which the Jury concurred.
Before MR. BARON MARTIN.
174. GEORGE MITCHELL (29), and THOMAS HEWITT (33), were indicted for the wilful murder of Arthur Melton. Mitchell was also charged on the coroner's inquisition with the like murder, and Hewett with aiding and abetting him.
MESSRS. TINDAL ATKINSON, AND TAYLOR conducted the Prosecution.
EDWARD LOW . I am a lighterman, and live at 8, Model-cottages, Victoria Dock—I knew the deceased Arthur Melton—on Monday evening, 24th Nov. about 8 o'clock, I saw him at the Tidal Basin station on the North Woolwich railway—I remained with him till 10 o'clock—we then came off duty, and we went together to the Dock-house public-house—Harvey and Dyson were in our company—we remained at that public house till about half-past 11—I, the deceased, and Dyson came out together—we were all sober—Melton and Dyson were going home—Melton stopped behind by the side of the Dock-house for a certain purpose, and I and Dyson went on a little way—we had got about 50 yards when my attention was drawn to a noise which appeared to come from where we had left Melton—I went back and found Melton standing about two yards from the lamp post, near the house—I then saw the prisoner Mitchell with three or four other seamen—Mitchell struck Dyson, who was with me, on the shoulder, and said, "I know you"—Dyson replied, "If you do know me, don't strike me in that way"—Mitchell then turned to me and gave me a blow in the mouth, which felled me to the ground—when I got up I saw Melton lying at full length on the ground, and groaning—Dyson was moving away, and Melton after him,
saying he had done for one b—and he would do for the other—I then called "Police" several times—a watchman named Wallis came—I went back to Melton and found him lying by the lamp-post—he was insensible—I was looking over him and saying, "My God, Arthur is dead," when Mitchell came back again and gave me a blow under the ear, which felled me to the ground again, and then he knelt on me and punched me in the back of my head—when I got up he was taken into custody—he was drunk—Melton was moved into the public-house—he remained there insensible—I saw him again at 5 o'clock in the morning, he was then at home—he was insensible at that time—that was the last time I saw him alive—while this was going on I saw the prisoner Hewitt standing opposite the Dock-house hotel in a fighting attitude—that was after I had got up from the ground the second time—he said, "Go it, George, give it to them."
Cross-examined by MR. SLEIGH, (with MR. KEMP for Mitchell.) Q. Had you known these men before? A. Yes, as seamen—Mitchell belongs to the James Dixon—I knew him to speak to him—I had never had any quarrel or difference with him—I, Dyson, and Melton had been in the public-house about an hour and a half before this occurred—Scott had not been with us, I had not seen him that evening—we left the public-house about half-past 11—I was in employment at this time—I had left my work about 3 o'clock that afternoon—I am a lighterman's apprentice—I met with Melton and Dyson about 8 o'clock at the Tidal Basin station—I stopped there till 10, when they came off duty—I had nothing to drink during that time—I only had one pint of stout at the Dock-house hotel—Melton had the same, we had nothing else, we were smoking—I had had nothing to drink that evening before I went there, only some tea—the Bell and Anchor public house is about 200 yards from the Dock-house—I did not see the prisoners coming out of there, when I first saw them they were in the street; I heard no shouting or noise before I knew that anything had occurred to Melton—when I heard a disturbance I returned towards Melton—I did not see any persons running away up the street, two men passed us as we were going back, they were walking along the road, I don't know what became of them—when I got up to Melton I only saw one other man there besides the prisoner, that was a man belonging to the James Dixon—he is not here, I don't know what has become of him—Mitchell was very excited, and evidently the worse for liquor; he was in a wild state, as if he would have struck anybody who came in his way.
MR. ATKINSON. Q. Were Scott and Brown the two men you saw walking away? A. No, I do not know them; I should not know them again if I was to see them.
THOMAS DYSON . I am a porter employed at the North Woolwich station—Arthur Melton was my fellow porter; he was twenty-one years of age—he was a very quiet and inoffensive man—on Monday, 24th November, I left duty with him about 10 o'clock at night, our usual time—I went with him and Low to the Dock-house tavern—we were sober when we went there—we remained there till about half-past 11—we had two pints of half-and-half between the three of us—we left together—I came out at the door first, Low next, and then Melton; Melton stopped behind for a purpose, and we two walked on—when we had got about ten or fifteen yards we heard a disturbance and turned back; Low was rather in advance of me—I saw some men standing by the lamp-post—I said, "What's up"—Mitchell turned round and said, "I know you, you b—," and he struck me on the shoulder—I said if he did know me he need not hit me like that (I had known
him before; I had never had any quarrel with him)—he then struck me in the mouth with his fist—he said, he had settled one b—and he would settle me, and he ran after me; I ran away from him—I did not see Hewitt at this time—I ran across the road on to the goods line, which runs alongside the road—there is a sort of fence there and a gutter alongside—I climbed the fence—Mitchell attempted to follow me, and fell backwards into the gutter—I then returned to the place where I had left Melton—I found him lying on the ground insensible—I did not hear him say anything, I only heard him make a sort of noise with his throat, which he made all the night—he was insensible from that time—there were several sailors there—I know Scott and Brown; I did not notice them there.
Cross-examined by MR. KEMP. Q. You say you had known Mitchell before? A. Yes, he has gone up by the train—it was about two or three minutes after I left Melton that I heard the disturbance—it was not dark; it was near a lamp-post—as near as I could judge we had only got from ten to fifteen yards—no lamp-posts intervened between us—I could see Mitchell standing by the lamp-post, and several other men—I don't know what they were—I do not know any of them.
WILLIAM BROWN . I live at 12, Nixon-street—I am chief mate of the John Bowles steamboat—on the night of 24th November, I was in company with Scott at the Robert Stephenson public-house—I saw the two prisoners there and several others—they left about 11 o'clock or a little after—I and Scott left together to go to my ship—the prisoners had not left then; they must have followed shortly afterwards, for just as we got about eight yards from the Dock-house we heard a disturbance by the Dock-house tavern—Scott said something to me, and we turned back to see what was the matter—I then saw Mitchell, who is second mate of the James Dixon, standing in a fighting attitude, with his left hand up, and he went to a little man and said, "You are one of the b—s," and struck him with his left hand and knocked him down—Scott said to Mitchell, "Oh, my God George, what are you doing to that poor man"—I suppose it was Melton that he knocked down—I had never seen him before, but he was a little man, dressed as a railway porter—he was lying there when I want away.
Cross-examined by MR. KEMP. Q. Was it not Dyson? A. No—I had been in the Robert Stephenson from about half-past 8 or 9 o,'clock—I had had, perhaps, two pints of ale, not more—I was not intoxicated, nor was Scott—he has since been discharged for it.
Mr. ATKINSON. Q. He has been discharged, but do you know for what? A. No—I am not in the same vessel—I am a Newcastle man, and so is Mitchell.
MATTHEW SCOTT . I am at present residing at Greenwich—I was chief mate of the James Dixon screw collier, trading between Newcastle and London; Mitchell was second mate, and Hewitt was cook and seaman—on Monday night, 24th November, I was spending some little time at the Robert Stephenson beer-shop—I left there about 11 or after, with Brown—we went past the Dock-house tavern—we walked past three men first, they were coming past, and when we had gone by them about eight or ten yards we heard a disturbance—we turned back and saw Mitchell in the road in a fighting attitude; he had his coat off, and had on a red flannel shirt—he was fighting with some man in the road—I saw Melton at that time standing on the pathway by himself, not far from a lamp-post—Mitchell ran up to him, and delivered him a blow with his left fist in the face—could not tell whether it was light or a heavy blow; it knocked him down to the
ground—he fell on his back, on the back of his head; he went right back—there were gravelly stones there—the ground was pretty hard, as far as I can remember—after Mitchell had knocked him down, he rose his left leg in the attitude of kicking, and I called to him, "My God, George, what has that poor man done to you?" and he then put his foot down to the ground—he said, "You are one of the b—s"—I then went to my ship—he did not strike him again while I was present—I saw Hewitt there—he was not far from Mitchell when they began their row—I did not see him after that—I did not hear him say a word.
Cross-examined by MR. KEMP. Q. How many persons were there about there? A. There may have been seven or eight altogether, I could not say exactly—I was about eight or ten yards past them when I first heard the disturbance; I had passed by Dyson—I was not tipsy; no one charged me with being tipsy on that occasion—I have been discharged from my vessel; it was not exactly for being intoxicated; the captain said I ought to have been on board before—I did not offer to fight the captain—he did not say I was intoxicated—he said I had had a drop of drink—he did not say he discharged me for that—I went the voyage, and when we came back again he told me that the owner had given him orders to discharge me, because he had heard I was on shore along with these people.
ALFRED HOPPER . I am landlord of the Dock-house Tavern, in Victoria Dock-road—on Monday night, 24th November, I saw Melton, Dyson, and Low there—they went out about half-past 11—from three to four minutes afterwards, at most, my attention was attracted by a noise—I did not take any notice of it for two or three minutes, but hearing it continue, I went upstairs and looked out of the window—just as I got to the window I saw Mitchell make a rush at Melton and knock him down, and he threw him round the corner—my house being a corner house, he was then out of my sight; but I distinctly heard two or three heavy blows follow—as soon as he had knocked Melton down, he ran to Dyson and deliberately knocked him down with his left hand—he was on the opposite side of the way—he then rushed back to where Melton was lying, and I heard a heavy groan—Dyson got up as soon as Mitchell had left him, and got across the Eastern Counties Railway—Mitchell rushed after him, and said, "I have settled one b—, and now I will settle you"—I then went downstairs and found the deceased lying with his feet towards my door.
JOSEPH WALLIS . I am a police-constable on the Great Eastern Railway, stationed at Lower Wharf, Blackwall—on the night of 24th November, I was on duty there in plain clothes—about half-past 11, or a quarter to 12, I heard a disturbance about 150 yards from where I was, towards the Dock-house Tavern—there was a cry of "Police" and "Murder"—I ran in that direction, and saw Melton lying on the foot pavement, between the door of the tavern and the lamp-post—I saw Mitchell with his coat off; he was in the act of kicking Melton in the head when I got up—I did not notice whether he had boots or shoes on—I heard the sound of the kicking—I saw him deliberately kick him twice—I then saw Mitchell knock Low down, and he got up and ran away—Mitchell then struck at Dyson with his fist; Dyson ran and got over a fence—Mitchell was following him, and he slipped down in a ditch—he got up, and I followed him up the road, and detained him till a policeman came up—when I came up and saw Melton on the ground, and Mitchell kicking him, I saw Hewitt there; he was in the middle of the road, and he said, "Go it, George, let the b—have it"—at the time he said that, Mitchell was kicking Melton in the head—Hewitt was
about six or seven yards from Mitchell when he used those words; I could not say exactly the distance—Hewitt was very drunk, quite drunk—he was not staggering; he was able to walk—Mitchell was a little the worse for liquor, but not so bad as Hewitt—when I came back Melton was in the Dock-house; he was not sensible—I saw him again on Tuesday morning at half-past 8; he died at twenty minutes to 11 next day.
Cross-examined by MR. KEMP. Q. When you came up to the spot, did you find Dyson and Low both there? A. Yes; and Melton and the prisoners as well—they were not all together, they were scattered about, within a few yards of one another—there were two or three other persons going up the road—I did not see Scott—I was between fourteen and fifteen yards from Mitchell when the kicking took place—Dyson was by the side of me—Low was on the ground—Dyson was getting over the fence when this happened—I was looking at him—I stood in front of the lamp-post—I was standing by the fence; that is about fourteen yards from the lamp-post—Dyson might have been a yard nearer to the lamp-post than me; I won't say to a yard this way or that—I should think he was nearer to the lamp-post than me—I am quite sure he was getting over the fence at the time—I attempted to stop this—I did not attempt to seize Mitchell; he did not knock me down or try to do so—he appeared in a very excited state.
Cross-examined by MR. F. H. LEWIS (for Hewitt). Q. When you say Mitchell was kicking Melton had he his face or his back to you? A. His back—Hewitt stood sideways to me—he turned round when I came up—I turned my lantern on him—I distinctly saw Mitchell give two kicks: not after Hewitt made the observation, it was while he was in the act of doing it—I only saw two kicks—it was at the same time that he was giving those two kicks that Hewitt made use of the observation, "Give it to him, George."
MR. ATKINSON. Q. Did you hear Mitchell say anything when Dyson ran away from him? A. Yes; he said, "I have done for one b—, and I will do for you."
THOMAS ARNOLD . I am potman at the Dock-house hotel—I knew the deceased—I saw him, Low, and Dyson go out on this night—a few minutes afterwards I heard a disturbance—I looked out of the window, and saw the deceased running towards the lamp-post—I did not see anybody strike him—I saw the deceased running towards the lamp-post, and when I looked out of the window again I saw him lying on his back—I afterwards went out—I saw Mitchell strike Dyson in the face, and heard him say, "I have settled one b—, and I may as well settle another"—I found the deceased perfectly insensible on the pavement.
EDWARD JOHN MORRIS . I am a surgeon in the Barking-road, West Ham—On the morning of 25th November, about a quarter to I, shortly after the occurrence, I was called to see Melton—I found him perfectly unconscious, breathing very heavily, with all the symptoms of concussion of the brain—I examined his head, and found a puffy tumour, extending from the back of his head to the right side, over the right parietal bone—I adopted all the usual remedies, without success—I remained with him three or four hours, and saw him again about 8 o'clock—he was then in a dying state, and in the afternoon I found him dead—I made a post mortem examination—the cause of death was fracture of the skull, extending about nine inches, involving the right parietal, part of the occipital, and part of the left parietal bone—there was laceration of the large vessels of the brain, and extravasation all over the surface—the vessels were very much gorged with blood—on the outer surface of the scalp I found two or three distinct
bruises along the course of the fracture—the scar of the fracture had a star-like appearance, as if a more violent blow had been struck on that part than the other—I have no doubt that his death was caused by violence of some kind—the injuries could be caused by kicks as well as a fall.
Cross-examined by MR. SLEIGH. Q. Or by a fall as well as by kicks? A. Yes.
MR. ATKINSON. Q. Generally, I believe, he was healthy. A. Perfectly so. Hewitt received a good character.
MITCHELL.— GUILTY .— Five Years' Penal Servitude.
HEWITT.— GUILTY .— Confined Six Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Six Months.
MR. GENT conducted the Prosecution.
HENRY BEASLEY . I am a linendraper in High-street, Stratford—on 25th November, about half-past 7 in the evening, I was called to the door of my shop—I ran across down Chapel-street, and saw the prisoner with this roll of carpet by his side, hid up in a recess or corner—he was standing close against the door—the wall bends in a little—I went there in consequence of something told me by Mr. Saul—the carpet was outside the shop-door a few minutes before that—the value of it is about 2l.—I never gave the prisoner any authority to take it.
CHARLES SAUL . I am a butcher in High-street, Stratford—on the night of 25th November, I saw the prisoner come out of Skinner's-court, right opposite my shop, and about ten yards from Mr. Beasley's—he had a roll of carpet under his arm, which he brought from the court—I went over and gave information, and then went down Chapel-street after him—I told Mr. Beasley, and he ran first—I saw the carpet standing at the side of a dead wall.
Prisoners Defence. I went to Skinner's-court. I was sent down there by Mr. Cutmore that morning to get some work done, and as I was coming back I picked the roll of carpet up, and was taking it down to the station; and that gentleman came after me and told me to come back, and I came back with him.
The prisoner was further charged with having been before convicted of felony at this Court, on 7th July, 1862, when he was sentenced to one month's imprisonment; to which he
PLEADED GUILTY.*— Three Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. RIBTON conducted the Prosecution.
The evidence was interpreted to the prisoners.
about midnight, I went with Erickson to a coffee-shop in Rotherhithe, and also a friend who was in our company—I did not go inside; I waited at the door, and saw the prisoner Leverentz struggling in the shop with an old lady—I did not take notice of the others—the door was open, and Leverentz pointed with his finger towards me, over the back of the old lady, saying, "That in the man who struck me"—I do not know whether he did it to me or anybody else—he used several expressions in German with reference to me, as to whether I wanted to insult him—a little while afterwards, my friend and I walked outside the door, and stopped talking there five minutes, and then we walked away towards London—when we had walked about twenty yards, we were surrounded by three of the prisoners; Leverentz, Sgereen, and Winter—my hat was knocked off, and I saw what they intended to do, so I turned round and faced them, and as I stood defending myself, Leverentz and Sgereen were in front of me, and Winter on my left-side—I struggled with them two or three minutes—I sang out for my friend, and as I turned my back to escape, I received five stabs in my back, and one in my chest, and one by my neck—the knife was then put into my mouth, and I was cut from my mouth to my ear, and my finger was nearly cut off—I cannot tell who cut me, because I fell down on my knees, and after that, as I tried to get up, I received the cut on the mouth, and the blood flowed so much that I fell down, and knew no more—I cannot tell whether more than one knife was used—the three were close to me when I received the cut on my mouth—I could see them distinctly—it must have been one of them—they talked in German while they were stabbing me, but I did not understand it—I was in the hospital not quite three weeks, and my wounds are not healed yet.
Sgereen. Q. Why did you run after us? A. I did not.
Winter. Q. Why did you strike us first? A. I did not.
JOHN PETER ERICKSON . I am a foreign sailor—I went to the coffee-shop with Lawson—he stood at the door—I saw the prisoners there, and heard one of them say, "That is the man that struck me"—the lady of the house said to Lawson, "Go out again"—Lawson said, "I shall go," and he said to me, "Come, let us go; and we walked outside—we waited a little, and these four came after us—they struck Lawson—I received a blow from a stone which was thrown in my face, and at the same time I felt a knife in my neck, and on my right shoulder behind—I cannot say from which of them, it was so dark, but I am sure they were the same four men who were in the coffee-shop—I saw them all four round Lawson when he was stabbed—two came to me first, and then they were all upon Mr. Lawson—I am not quite sure whether there were four attacking him, but there were at least three—there was more than one knife used, because he was stabbed at the same time that I was—I did not see Lawson on the ground—I fell when they stabbed me, and was taken to the hospital—I cannot tell what caused them to leave off, but they ran away—we were not able to call out.
Lehman. Q. Was I in the coffee-shop? A. Yes; I did not strike you first, nor did you fall down and bleed from the nose.
COURT. Q. Did you know them? A. No; I had never seen them before—I only said, "Do not strike Mr. Lawson," but they did not understand that.
JOHANNA SCHLENZ . I was at the coffee-shop on this day: the four prisoners were there, and I could not get them outside again—they used blackguard language—Lawson and his friend came, and Leverentz said to Lawson, "That is the man who struck me in the beer-shop," and took his coat off, and wanted to fight him—I advised them to leave, and they left five or seven
minutes afterwards—I heard some screaming outside—that is all I know about it—I saw Leverentz and Sgereen the next night, and they said that they went out, and bid good-bye at the corner.
WILLIAM FEARNE (Policeman, M 90). On 18th November, about half-past 8, I was on duty in Russell street, Rotherhithe, and received information which led me on board a German barque, lying in the docks—Henriettas Struchman and Thomas Morgan were with me—the crew consisted of ten, and she pointed out the four prisoners as being in Lawson's company previous to the affray—Struchman pointed to Leverentz and said, "That is the man who had the knife;" and he spoke very good English, and Leverentz speaks very good English as well—she is the sister of the last witness—Leverentz said in English, "Well, I did not use the knife, but this man did;" pointing to Sgereen—I took them all four in custody.
THOMAS MORGAN . Two of the crew of the vessel pointed out the bunks where the prisoners slept to me, and their chests—these two knives (produced) were sticking in the ceiling, and I found this pair of trousers which had been washed; they had been wet, and were rolled up and put under one of the bunks—there were no marks on the knives.
THOMAS HOLMSTEAD . I am house-surgeon at Guy's Hospital—on 18th November, Erichson and Lawson were admitted there—Erichson had two wounds, one on the right collar bone, and one under the left collar bone towards the front, and a stab over the right shoulder—they could have been inflicted by a knife—that over the left collar bone was a severe stab; it was in a very dangerous situation, but it healed satisfactorily—Lawson had six or seven wounds; he had a long gash on the right side of his face, from the angle of his mouth into his whiskers, dividing the arteries of the face; a stab an inch below the right nipple, which was stopped by a rib, and four stabs on his back—I cannot say whether they were all inflicted by the same knife—Erickson remained till 29th November, and Lawson till 5th December—they lost a great deal of blood—the wounds were dangerous.
Leverentz's Defence. I will say the truth, which man has used the knife, and we three can swear that nobody had a knife but that one. I will admit that I have had a knife, and that I defended myself with it, because I was struck first, and naturally. I do not know how many I stabbed, or against whom I stabbed, as I was intoxicated, that is all. Being struck first is my excuse.
Lehman's Defence. The mate struck me first, and I defended myself. I had no stone to defend myself with; it is not true.
Winter's Defence. That man (Erickson) struck me first on the nose, and then I fell down, and then came Sgereen, who fought with the other man, and afterwards Sgereen said that he had used a closed knife, and an open knife. They ran after us and struck us first; that I can swear to. I had no knife, that I can swear.
GUILTY .— The jury recommended Lehman to mercy, on account of there not being so much evidence of violence against him as against the others.
Confined Eighteen Months each.
LEHMAN— Confined Nine Months.
PLEADED GUILTY .
MR. DICKIE. for the prosecution, stated that Edmonds was the brother of the prosecutor.— Confined two Months each, and Three Years in Red Hill Reformatory.
MR. PALMER conducted like Prosecution, and MR. LANGFORD the Defence.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Six Months.
181. JAMES COLLINS (23), ELIZABETH ROSS (30), and CATHERINE WATSON (19) , Robbery on William Stratton Forbes, and stealing from his person, 1 watch, value 9l., 1 guard, and 6s. in money, his property.
MR. DICKIE conducted the Prosecution.
WILLIAM STRATTON FORBES . I live at 6, Melbourne-place, Plumstead, and am time-keeper at the Royal Arsenal—on 15th November, between 8 and 9 o'clock in the evening, I was in High-street, Woolwich, and was accosted by the female prisoners—directly after they came up, the male prisoner and another one, not in custody, came up; Collins struck me in the stomach, and then again in the chest—he and the other one then laid hold of me, and the female prisoners tore open my coat, stole my watch, silver guard, and 6s., and ran away—Collins, before he left, kicked me on the knee which brought me to the ground and lamed me, and I was not able to pursue them—I could see their faces—I have known them by sight for the last three or four months, up and down the High-street—the watch has not yet been found.
Cross-examined by MR. BESLEY. (For Collins). Q. Had you seen the two men before? A. I had seen the females before—I had also seen the other man before, but not since—if anything he is a little taller than the prisoner and a little fuller in the face; his hair is rather light—I described him to the police—it was what I might call a cloudy night—the lamps were lit—the nearest lamp was about ten yards off—it would not exceed that—I next saw Collins at the police-station on the Monday evening about 7 o'clock—I had not been spending the evening anywhere—I went about half-an-hour or so before that to pay a little money in Power-street, and from there I walked round the town, looking at the shops—I did not hear what the females said when they spoke to me—they did say something—I did not say anything to them—it could not be more than five miuutes from the time they spoke to me to the time the men ran away after I was robbed—it might have been five minutes—it was done as rapidly as possible; no time was lost—I had one pint of porter half an hour before the robbery—we leave work about a quarter to 2 on Saturdays—I had been at home in the evening most of the time—when I came out of the Arsenal, I went home, and was doing up my garden till dusk—I had no refreshmnet then till I came in to my tea.
Ross. We met him in the street and he invited us to go and have some gin—I did not take the watch from him. Witness. That is not so—Ross did take the watch from me—I had seen them before that night—I had not spoken to them—I had not been in any public-house with them—I was not in the Salutation public-house.
Watson. He pulled off my shawl in the street, and took away a brooch I had. Witness. I did not touch you—I did not fall down in the mud while running after some females—I walked down the street—I was perfectly sober.
CATHERINE FLYNN . I am the wife of David Flynn, a lodging-house keeper, of 170, High-street, Woolwich—on Saturday night, 15th November, about 10 o'clock, Collins came to my house and asked me to lend him a shilling on a watch, and take care of it—I lent him a shilling, and the watch was left with me—on the next day I lent him 2s. more—I noticed something of a scratch on the face of the watch—Collins told me when he left the watch that Bet would come and call for it—he took the watch in the afternoon from me, and on the following day, Ross, whom they call Bet, came and took the guard and gave me the 3s. back, which I had lent on the watch—I saw no more of it.
Cross-examined. Q. Have you got a son? A. Yes; he lives at home with me—he might have been at home on this evening, a good deal of the evening—I am in one house and they are in another—the houses 76 and 77 join—they told me Collins had been in the house before I saw him at 10, but I did not know, of course—about 9 o'clock a lad came in for a pair of boots, and I heard him speak about getting a pair of boots out of pledge—I did not see Collins come out of the place—I only know from my son that he was there at the time of the robbery—my son was here to-day—I do not know whether he is here now—people were calling for Collins about 9 o'clock, as if he was in the house where my son was.
WILLIAM YARDLEY (Policeman, R 259). On Sunday, 16th November, I received information connected with this rubbery, and received a description of the prisoner from the prosecutor—I watched for Collins, and on Monday night, 17th November, I apprehended him in the back wash-house, at Mrs. Flynn's, and on telling him the charge, he said, "This is a d—d pretty thing, I know nothing about it; I have not had any watch in my hands."
Cross-examined. Q. You say he was in the wash-house, was he in the copper? A. No, I have been after another man—the description the prosecutor gave was, a man a little taller than Collins, and a little stouter, with light hair—I have not seen that man—he described Collins to me, as a man with a monkey jacket, tight cor trousers, and a slouch cap.
JOHN HOLMES (Policeman, R 145). On Monday night, 17th November, I apprehended Ross in the George and Dragon public-house—I told her she was charged with being concerned with others in stealing a watch on Saturday night—she said, "I know nothing at all about it"—on the way to the station, she said, "Now, I don't know what you have got me for"—I repeated the charge, and she said, "I hope you have not got Mucker, poor fellow; if you have, he does not know anything about it"—Collins goes by the name of Mucker.
Cross-examined. Q. Did you know at once whom she meant, when she used those words? A. I did; I knew him by the name of "Mucker Collins"—that is the name he goes by in Woolwich.
with a robbery on Saturday night, and she said, "I know nothing about the robbery; I was not in Rope-yard Rails"—I had said nothing about the place.
COURT. Q. The robbery was committed there, was it? A. Yes; just at the end of Rope-yard Rails; it is very dark there.
Ross's Defence. I did not take the watch—it was Watson took it—there was no man there whatever.
Watson's Defence. It was me took the watch, and gave it to Collins; there was no man there at all. The prosecutor took my brooch away from me; it was at the corner of Beresford-street that it happened.
MR. BESLEY called
KATE RAY . I am fourteen years of age, and live with my mother, at 4, Cannon-row, High-street, Woolwich—she goes out to work—I don't know Mr. Forbes—I have seen him before—I saw him one night at Rope-yard Rails with the two female prisoners, and saw them run away; and a man came from his door and ran after them down Cannon-row—they ran through the crowd, and I ran with the man—he would not go through, and said it was only a hiding-place for thieves—I did not see Collins there at all—it was about half-past 8.
Cross-examined by MR. DICKIE. Q. On this night did you see the prosecutor lying in the mud? A. He fell down, but not in the mud—he had none of his clothes off.
COURT. Q. Did you see anything done to the man? A. No; nothing at all—I did not see the women speak to him, but he was quite tipsy—I did not see anybody knock him down—I do not think the women did anything to him—I did not see them do anything—I do not know how long the women were with him; they were not with him when he came down near our house—I do not know the women—I know Mrs. Flynn and her son—Collins' mother asked me to come up to-day—a woman named Mrs. Cohen told her about me seeing the gentleman and the two girls—I don't know how she found out where I lived—she came to me and asked me what I had seen—my father is dead—there are four more of us, one older than me.
PATRICK DONOVAN . I am a labourer, and live at 77, High street, Woolwich, which is a lodging-house kept by Mrs. Flynn—I know her son—on Saturday night, 15th November, I was sitting in the kitchen, and he was present—the prisoner Collins and two more chaps were also there, some women, and some lodgers—they were having a game at cards—some of them began playing at 7 o'clock, or a little before—Collins was there then—he stopped in the kitchen till 9 o'clock, when he was called out—somebody came in, and said two men at the door wanted to speak to him—I am sure he was there till 9 o'clock—it was five Saturdays ago from last Saturday—I was in the house on the following Monday night when he was taken into custody, and I am quite sure that it was the previous Saturday to that that he was there playing at cards.
Cross-examined. Q. Why did you not go to the police-court? A. I did, but I was not called—Collins was examined twice at the police-court—I was there, but was not called—Collins is no friend of mine.
MR. BESLEY. Q. Has he had any attorney at all, all through the matter? A. No—I was ready to say the same then as I say to-day—I went up for the purpose.
COURT. Q. Was Collins' mother at the police-court? A. Yes; both times—I had not told her that he was in the house that night—I heard he was charged with committing a robbery, between 8 and 9 o'clock—some people
in the house told me—his mother was not in the house—I only saw her at the police-court—I know that it was 9 o'clock, because the clock was in the kitchen—I did not look at it for any particular purpose—Collins told me to take his hand at cards while he went out—some lodgers were there—I don't know who they were—there were some women—Ross was not there, nor Watson—I did not go to the door to see whether Collins was wanted by two men—I saw him afterwards, between 10 and 11 o'clock—I was talking to him alone at the door—Mrs. Flynn was not in the room where we were playing at cards.
MATHEW MURRAY . Mrs. Flynn is my mother—I live with her and keep a lodging-house—there are two sitting rooms there—one is a common room for the lodgers to resort to—I generally stop with my mother in her room—on Saturday night, the 15th, the Saturday before Collins was taken on the Monday, I was in the kitchen at 7 o'clock—Collins was there, and a man named Donovan, and some other persons—we were playing at cards—I should think it was about half-past 7 when we began—Collins played up till 9 o'clock—I then went outside to change a sixpence, and saw two men, who asked me if Collins was in—on my return Collins went out to them—that was about 9 o'clock—I am certain it was about 9 o'clock.
Cross-examined. Q. How are you certain? A. When I went in next door for change for sixpence, I looked at the clock—there is a clock in the further kitchen, not in the one where we were sitting—I did not see a watch in my mother's possession—I don't know that she had one—the kitchen was full—none of the others are here.
COURT. Q. Was Collins playing at cards? A. Yes—nobody took his place when he went out—Donovan was sitting nearest the gas on a form—there is a back and front kitchen—this was the front kitchen—you go through a door to the back—there is gas in both kitchens—they were pretty nigh full—Donovan was sitting with his back to the back kitchen—the clock is in the right-hand corner, going into the room, in the far corner—it stands up against the wall—you can see it from the front kitchen—we were playing "twenty-fives" at cards—I am sure nobody took Collins' hand when he went out—Donovan was playing at the time along with Collins—he did not rise from his seat that I saw—neither Ross nor Watson were there—it wanted two minutes to 9 when I went into the adjoining house—I next saw Collins about 11 o'clock, outside in the street—I was at the police-court, but I did not speak at all—I was not called in—I told Collins' mother that I was in the kitchen at the time—I don't know whether Donovan told her that—he was there—I did not see him speak to her—I did not see him at the police-court on either occasion—there were a great many people in the court—I stood outside with Collins' mother—I did not see Donovan—I did not tell her that Donovan was along with Collins in the kitchen that night—I gave her no names of persons who were there that night.
MR. DICKIE recalled
WILLIAM YARDLEY (Policeman, R 295). On this Saturday-night, 25th November, I saw Collins in company with another man, about ten yards from Rope-yard Rails—I said to a constable in plain clothes who was with me, "There is Collins, and another man standing there, who I think is young Murray"—that was about twenty minutes past 8—Collins knows the two women—he lives with Ross.
COLLINS— GUILTY .*†— Four Years' Penal Servitude.
ROSS— GUILTY .— Three Years' Penal Servitude.
WATSON— GUILTY .*— Three Years' Penal Servitude.
182. WILLIAM FOX (25), THOMAS VEAZEY (18), GEORGE VITO (21), HENRY ANDERSON (18), and JANE HEWITT (20) , Stealing 11 chisels, 2 hammers, and other articles, the property of John Williams and William Jones. Second Count, feloniously receiving the same.
MR. LAXTON conducted the Prosecution.
JOHN WILLIAMS . I am a working carpenter, and live at 4, Hamilton-terrace, High-road, Lee—on Saturday, 15th November, I was possessed of some tools, and was at work in a workshop in a field belong to Mr. East, of High-road, Lee—we left off work at 4 o'clock in the afternoon, collected our tools together, put them in a basket, and left them in the shed, which was properly locked and secured—these are the tools (produced)—this plane and this square belong to me—my name is stamped on them; also on two gouges and two chisels—I also identify this rule and compass—I know the compass, because it opens on one side of the joint—it does not close in the joint—there is a defect in the workmanship of it—I know the rule by its having two small holes in it, made by a bradawl—it happened to be under a piece of wood that I was boring—I went to the shed at half-past 8 on the next Monday-morning, and found my tools gone—the foreman had been there before me, and found the tools gone—I reckoned the lot lost between us to be worth about 7l.
Cross-examined by MR. OPPENHEIM (for Fox and Veazey). Q. What is the value of the compass? A. Sixpence; and the rule about a shilling.
Hewitt. I did not know they were stolen when they gave them to me.
WILLIAM JONES . I am a working carpenter, and was at work at Mr. East's on 15th November—I left off work at 4 o'clock on that day, and left my tools in the carpenter's shop in Mr. East's brick-field, where some building was going on—the door was locked—these two saws belong to me—my name is on one of them—I have got no private mark on the other—I have used it for three months—I can say it is mine—it is a Sheffield make—it is not often you can get one like it—it has the name of the maker upon it—I identify one saw positively as my property, and the other I have used constantly—my name is on this long plane, but not on this one—it is one I borrowed of the foreman—it belongs to him, and it was with my tools when they were lost—I recognise it by the name, "W Bray," being on it—there is also a square here with my name on it—on the Monday-morning I went to work at half-past 8, and found the whole of the tools gone—they are worth between 6l. 7l.
JOSEPH FRANCIS LEVER . I am assistant to Mr. Fish, a pawnbroker, of 5 Bentley-place, Kingsland-road—these two smoothing planes, these two squares, and this large plane, were pledged by the female prisoner in the name of Smith, on 17th November, between 6 and 7 in the evening—I advanced 1s. 6d.; 6d. on the small one, and 1s. on the large one.
EDWIN GANE . I am assistant to Mr. Edward Richard Lane, a pawn-broker, of Stoke Newington—in the evening of Monday, 17th November, the female prisoner pawned one tenon-saw, one hand-saw, four chisels, one jack-plane, and one smoothing-plane, in the name of Hewitt, and on the following day four chisels—I advanced 8s. 9d. on the lot—the chisels are here—on the last occasion she said she brought them to pledge for a party who had the brokers in—I have known the prisoner and her mother for the last two years—they are decent people—she goes out charing, and her husband is a bricklayer in the cemetery—they live in a court facing our shop—their house only contains four rooms—I don't think they have other
lodgers—I don't know anything about the other prisoners—I have never seen them in that neighbourhood.
JAMES THORNE (Policeman, N 485). On 26th November, I apprehended the female prisoner at Bain's-buildings, Kingsland—I told her she was charged, with others in custody, in stealing carpenter's tools from Lewisham, and told her I had found part of the property—she told me where she had pledged them, and said they were given her by a man named "Harry" to pledge—I understood her to mean the prisoner Vito.
COURT. Q. Do you know him at all? A. Yes; he goes by the name of Harry—I have seen him in Kingsland—his proper name is "Henry Carter."
THOMAS BEAKALL . I am foreman to William Jones—on 17th November, about a quarter or half-past 7 in the morning, I went to Mr. East's brick-field, to the shed—I there found a button, which I gave to Sergeant Pratt—I saw the place several times on the Saturday before—there was nothing missing then—the men were at work the last time I was in the shop—there was a small hole in the shed then, but not sufficient for any one to get through—on the Monday morning the hole was made much larger—anybody could have got through then, very easily.
COURT. Q. Where did you find this button? A. On the floor of the shed opposite the hole—I believe this (produced) is the button I found and gave to Pratt.
Vito. Q. How long has that shed been built? A. A little over three months—I can't say how long you have been discharged from that work; it might have been a fortnight or three weeks before this happened.
ARTHUR PRESTON (Policeman, R 96). On Sunday night, 16th November, I was on duty in the Lewisham-road, on horseback, about twenty minutes to 11—I saw Fox and Veazey there, walking very fast towards Lewisham—that is away from Mr. East's brickfield—when they saw me they separated—I was with R 51 at the time, and I called to him to assist in searching them—I dismounted and searched Veazey, but found nothing on him—the other constable searched Fox—I saw neither of the other prisoners.
Cross-examined. Q. Were they going towards the railway-station? A. Yes—I called out to them to stop—Fox stopped; Veazey tried to get away—he walked on past my horse after I told him to stop—I asked Veazey if he knew Fox, and he said he knew nothing about him—I was present when the other constable searched Fox.
MR. LAXTON. Q. Did either of them say anything? A. Veazey stated that he had met Fox at the Rose, at Lee, and beyond that knew nothing about him—Fox denied all knowledge of Veazey.
JAMES SELWOOD (Policeman, R 51). I was on duty, on 16th November, in the High-road, Lewisham, at a quarter to 11—I first saw the last witness, on horseback, and then saw Fox and Veazey—I called out to Fox, and he stopped immediately—I searched him, and found this rule and pair of compasses on him—Veazey tried to get away round the horse—when I tried to get the things from Fox's pocket, he wanted to get away, and to make me think he had not got anything—I asked him afterwards where he got them—he said he picked them up at the Rose, at Lee, about a foot from each other—I saw Vito and Anderson about two hours afterwards near Lee-park, going towards Bromley, about three-quarters of a mile from Mr. East's brick-field—the brick-field is about a mile and a half from where we took Fox and Veazey.
Cross-examined. Q. When you took the rule and compass out of Fox's pocket, did not he say directly, "I found them about a foot from each other
at the Rose at Lee"? A. When I asked him the question he answered directly—I heard Fox say he knew nothing of Veaxey—Vito and Anderson were going in a different direction to Fox and Veazey—Fox and Veazey were going towards the railway-station.
ARTHUR PRESTON (Policeman, R 96). I apprehended Vito and Anderson at their lodgings at Lewisham, on 30th November—the coat Vito is now wearing was on the bed—I asked him if the coat was his; he said, "Yes"—it wanted a button; this button corresponds exactly with the other buttons on the coat—Anderson said that he met two men on London-bridge who had the tools in a basket, and they asked him if he would pawn them—he gave them to the woman Hewitt, and she brought the tickets and the money to the carpenters who gave him the tools—I took the coat off the bed at the time, and Vito said it was his.
ROBERT LAMBERT . I am a labourer and rubbish carter, at 9, Richard-street, Kingsland—I know the four male prisoners by sight—about a month ago I saw Vito and Anderson—I know Anderson; I don't know the other man's name; it was these two nearest to me—I saw them in Bain's-buildings, Back-road, Kingsland—I don't remember what day it was; they were sitting down in a garden, and had got two bags with them—I saw them both in the afternoon, and each sitting on a pack bag—I afterwards went into the Fox public-house, Back-road, Kingsland—Vito and Anderson came in, and asked me if I would buy some carpenter's tools; they did not produce any—I saw them the next day walking along—the pack bags looked as if there was something in them.
COURT. Q. You don't know what day this was at all? A. I believe it was on a Monday; I don't know the day of the month—about a month from last Monday, I think, as near as I can recollect—I have not known Vito long—I have never worked with him—I have known Anderson a good many years, living in the neighbourhood—he is a brick-burner; Vito is a labourer.
WILLIAM KING . I am a labourer, of 9, Orchard-street, Kingsland—I know the four men at the bar—Fox and Veazey live in Orchard-street, Ball's-pond—I saw Harwood (Anderson) and Vito in the Back-road, Kingsland, I think, about a month ago last Monday—I saw Harwood pull some tools from a pack bag, and show them to another man, and I heard the other man say, "They have got the man's name upon them"—I then came away.
Anderson. Q. Why did you not speak to me when you saw me there? A. It was no business of mine to speak to you—it was a little after 6 I saw you—I saw the tools.
The prisoner's statements before the Magistrate were here read as follows:—"Fox and Veazey decline saying anything. Vito says, "I might have lost the button there as I worked close by, and had been in the shop to meals." Anderson says nothing. Hewitt says, "I did not know they were stolen; I pawned them, and gave the money and tickets to Anderson."
Vito's Defence.—I worked near the place where they found the button; I had been there to my meals, so that I might have lost it there. I had missed it for some time before.
Anderson's Defence.—I gave the tools to this woman to pawn; I never received a shilling of the money. I can prove I had birds in my pack bag; I was going birdcatching.
Hewitt's Defence.—I pawned the goods, but I did not know they were stolen.
HEWITT, FOX, AND VEASEY— NOT GUILTY .
VITO— GUILTY — Confined Eight Months.
ANDERSON— GUILTY .*†— Confined Eight Months.
Before Mr. Common Serjeant.
MR. GIFFARD conducted the Prosecution.
MARY STIDOLPH . I am a confectioner, carrying on business with my sister, in Bermondsey New-road—on 20th November I had one female servant living with me, and no other person in the house—about half-past 1 o'clock in the morning, after business, I counted out some money—there was 79l. in half-sovereigns and one new sovereign—I counted it out in twenty-pound parcels, and tore off a piece of cloth, and tied them up very tight with two knots—all my sisters except one were in bed, and the servant—my sister saw me put the money away; we had had so many attempts at robbery that we put it under the fender—I did not miss it till about the same time next morning, when I went to put some more money to it—I had some conversation with my sisters, and then with the servant, who I called up directly—next morning, between 7 and half-past 8, I went with Doidge, my foreman, to look at the dust heaps in the prisoner's yard—I was able to recognise the dust that had been taken from my house, by a quantity of almonds amongst it, which were very much damaged; there was about half a hundred weight—on the same day (Friday) I went with Hunt, the policeman, to Mr. Riches, and there saw a Guellialmus half-sovereign, which I recognised as having had it in my hands; for I doubted it very much when I took it and tried it in the detector, to see whether it was a good one or not, and then I put it in the bundle the same night—I described it to Mr. Riches before he showed it to me—this is it (produced).
Cross-examined by MR. BEST. Q. Was it an old bit of cloth that you tied the money up in? A. No, a new piece of common calico—the prisoner offered at the station to pay me 15l. back again—that was after he was in custody, not before.
ELIZABETH WHEATLEY . I am servant to Miss Stidolph—on Thursday morning, 20th November last, I remember taking all the dust away from the parlour fire-place, in an old saucepan—I put it in the dust hole between 11 and 12 o'clock—there was a saucepan and a half full; it was about a 4-quart saucepan—I did not see anything in it.
MICHAEL SULLIVAN . I am a dustman—I take the dust out of the dust-heaps and put it in the cart, and Collins the carman fills it into the basket—on Thursday morning, 20th November, between 11 and 12 o'clock, I went to Miss Stidolph's, and helped to load the dust—the dust laid in the yard; there was no wood round it; no bin—I did not go the prisoner's; Collins went by himself—I went to four houses that morning.
JOHN COLLINS . I am in the employment of the Bermondsey Vestry—I went to Miss Stidolph's house on 20th November, and took the dust away—I can't say, to a basket, how much of my cart the dust taken from Miss Stidolph's filled; thirteen or fourteen baskets—the cart was not half full; about one-third, I suppose; that would about one-third fiill it—I afterwards
went to the prisoner's yard, in James-road, Old Kent-road—I got there between 1 and 2 o'clock—I saw the prisoner, his man, and boy—I asked him where he would have the dust shot—there was no chain horse there, which we usually have to pull the cart up to the top of the heap, so he said, "Bring it to the bottom, and shoot it where I am," and I shot it there, and came away directly—I said there was a lot of almonds, and they were not to eat any, as they were very injurious—they commenced sifting the dust directly; the man and the boy did; and the prisoner stood there present, with his shovel in his hand—I showed the policeman next morning where I had shot the dust.
Cross-examined. Q. Are you the only dustman who supplies this mound with dust? A. Oh, no, there are three more carts besides mine, and occasionally four—there are four loads a day to each cart—the parish is divided into four districts—it is a good large heap—I did not examine the almonds—there were a good many in a basket, and I turned them out of that basket into my cart, and used my spade to flatten them down.
COURT. Q. Was Miss Stidolph's dust the first that you put into your cart that morning? A. No; I think it was the second—when I shot out the dust I could see a good many of the almonds.
JEREMIAH JOHN RICHES . I am assistant clerk to the vestry of Bermondsey—on 19th November the prisoner was indebted to the vestry 9l. 11s. 6d.—I sent him a letter on that day (The letter, being produced, threatened proceedings unless the amount were paid the next day)—on the evening of 20th November, I received from Elizabeth Stewart this paper, containing 9l. 11s. 6d., in seventeen half-sovereigns, one sovereign, and 1s. 6d.—on the following day I sent the prisoner this receipt (read:"20th November, 1862. Received of Mr. E. Wood, 9l. 11s. 6d., for dust supplied to 1st November, instant. J. J. Riches.")—on the 21st, Miss Stidolph called on me, and recognised a half-sovereign of this money—she had previously given me a description of it.
Cross-examined. Q. I believe you have known the prisoner for some time? A. Yes, for some years—I never heard anything against him before this—the only knowledge I have had of him has been in connexion with the parish—fourteen or fifteen years ago he supplied the parish with horses and carts, and also purchased dust, when it was of much greater value than it is now.
ELIZABETH STEWART . I am servant to Mr. Riches—on the evening of 20th November a woman left a parcel, which I gave to my master—the woman afterwards returned and asked me for a letter; it was folded up—I did not open it.
JOHN ASCOT . I am in the service of Mr. Brown, a hay and corn dealer, of 1, Alfred place, Old Kent-road—on a Friday, about three weeks before I was before the Magistrate, I remember taking half a load of hay to the prisoner's stables about 12 o'clock in the day—he paid me for it in five half-sovereigns, which I gave to my master.
EDWARD JOHN DOIDGE . I am foreman to Miss Stidolph—On Friday morning, 21st November, between 7 and half-past 8, I went with a constable to the prisoner's house, and then to his yard—I there saw a heap of dust with a portion of what had been taken from my mistress's house—I recognised it by the almonds—I saw a man there sifting dust; it was not the prisoner—I communicated to him the fact of the loss—I went again about 10 o'clock, and waited to see the prisoner—I heard what passed between him and the constable.
a mile from his dust heap—I asked to see Mr. Wood, and the prisoner told me his name was Wood—I asked if he could tell me where the man was that sifted the dust the day previous; he said he did not know—I asked if he could tell me his name—he said, "They call him 'Long Tom,' some call him 'Lying Tom' "—I said, "Can you tell me where he lives?" he said he did not know—I asked him the reason he was not at work that day; he said, "I told him last night that I had no rough stuff to sift, and I should not require him"—I said, "Were you at the wharf yesterday?" (he called the place where the dust-heap is, a wharf)—he said, "Yes; all day long"—I said, "Did you hear of any of your workpeople finding any money?"—he said, "No"—I said, "There has been some money lost, and there is a great many half-sovereigns among it;" he made no reply to that—I said, "I should very much like to find out where this Tom is"—he said, "I am going into the country to-morrow; if you call on Monday I will see if I can find out; I can manage it better than you can"—I then left—between 7 and 8 the same evening I went again to the prisoner's house; I saw him, and said, "Have you heard anything of Tom since I was here?"—he said, "No"—I said, "This a very strange affair; have you paid any money away to-day or yesterday?"—he said, "Let me see; I bought half a load of hay to-day"—I said, "What did you pay for it?"—he said, "2l. 10s."—I said, "In what coin did you pay for it?"—he said, "A sovereign, two half-sovereigns, and ten shillings in silver"—I said, "Have you paid any other money away?"—he said, "No"—I said, "Did you pay any money away last night?"—he said, "No"—I said, "You have paid some money away, in which there was a half-sovereign, which has been identified as one that was among others that have been lost; you will have to go with me to Bermondsey police station"—on the way to the station I said, "Last night you paid Mr. Riches 9l. 11s. 6d. which this half-sovereign was among"—he said, "Oh yes, I forgot; my wife paid it last night."
Cross-examined. Q. How long have you been in the police? A. Turned twenty-one years—I have not always been in the habit of cross-examining prisoners—I was not aware whether I should take him into custody or not—I went to see whether the information I had received was true—if he had told me straightforwardly that he had found it, I don't suppose I should have taken him into custody—I did not consider that I was cross-examining him; I thought I was only asking him such questions as my duty required—when I first went to him I was not aware that there was any charge against him; I went to inquire for the man who was supposed to have found the money—I asked him the subsequent questions from something I had found out—when I went first to him in the middle of the day, I only knew of the money that was paid to Mr. Riches; it was not till the after part of the day that I ascertained he had bought the hay and paid for it with five half-sovereigns—having suspicion, I then went and asked him the other questions—I did not tell him the charge at first, because I did not think there was sufficient—it was not to try and get evidence out of him; it was to try to find out the other man, if possible, and of course to try and find out him if I could.
PHILIP RAYMOND (Police-sergeant, M 22). On the night of 21st I received charge of the prisoner for receiving this 80l.—when the charge was booked, he commenced making a statement about this money, and I said, "Now, mark, whatever you say I will take down in writing; it may be used against you, so be cautious"—he then made this statement: "Whenever any money is found, it is always divided between the men and myself; notes are
frequently found, changed, and divided. My son said to me last evening, 'Run, father; Tom's boy has found some money on the heap!' On going to the boy, who is son to the woman that Tom was living with, he produced 45l. in half-sovereigns, which was equally divided between Tom, the boy, and myself."—after the charge was taken, he said he had paid 9l. 10s. to Mr. Riches, and 2l. 10s. for hay—I said to him, "That makes 12l. do you wish to give me any account of the remaining 3l.?"—he said "Well, I have subbed the men with that"—that meant that he had given the men subsistence money in the week to be accounted for at the end—it is a usual word.
Cross-examined. Q. "Sub" means to treat, does it not? A. No, I don't think it does; I believe the general meaning of it is to pay wages.
MR. RICHES (re-examined). I never saw the prisoner write; I have seen his signature attached to his tender—I heard him make a statement before the Magistrate—I did not see him sign it—it was handed in to the Magistrate's clerk by his solicitor—I see the signature "Edward Wood" here—I don't think it corresponds with the signatures that I have seen.
PHILIP RAYMOND (re-examined). I was present in Court when the depositions were taken—I did not see the prisoner sign this statement—he handed it to Mr. Edwin, his solicitor, who handed it to the Magistrate.
WILLIAM EDWIN . I am the prisoner's attorney—I did not see this signature written, and I never saw the prisoner's handwriting before; but this statement was given in by my advice, and I do not wish for a moment to dispute its being his writing—(This evidence was rendered necessary by the absence of the usual caution preceding the statement—read:"I purchase all the dust from the parish of Bermondsey. I have 16 loads per day of their dust shot in my yard; their men bring it. On the day in question, my boy told me that the men had found a number of sovereigns. I went to them, and as I always share with my men all the money and valuables found, they gave me 15l. as my share. When the police-constable asked me if I had found any money, I had paid the parish of Bermondsey 9l. 11s. 6d. and to Mr. Brown for half a load of hay. Fearing to have to pay the amount to some one if I had heard of the finding of the money, I said I had not found any. I told this to the inspector when the charge was taken, after having been cautioned by him that all I said would be used against me. I offered the prosecutrix the 15l. ever since I first saw her."
The prisoner received a good character.
MR. BEST submitted that there was no case in law to go to the Jury, no larceny being proved. THE COMMON SERJEANT was of opinion that it was a question of fact for the Jury, subject to the ruling of the Judges; in Reg v. Thurbourn, 1 Denison, p. 387—the law was this, if a person found a thing which had been lost, and which he reasonably supposed to have been lost, and appropriated it to himself, believing at the time that owner could be found, he would be guilty of larceny; but if he did not believe the owner could be found, then it was not a larceny.
GUILTY of receiving.—Strongly recommended to mercy by the Jury.
Confined Two Months.
MR. PLATT conducted the Prosecution.
Feathers public-house, Lambeth-walk—the prisoner was there; he wished to drink with me, and I prevented him—when I left, he followed me out—I crossed the street to get rid of him—I was going into another public-house to get quit of him, and he put both his hands to me and said I should not have any more drink—I attempted to strike him, but he jumped away from me—there is a dead wall in Lambeth-road, and when I got there he caught me by the collar of my coat and pulled me down and took a tobacco-box, a sixpence, and twopence in copper out of my trousers pocket—I was down on the ground, and when I got up again he was gone—I know I had the money safe just at the time—I was sober enough to know what was passing—I had all my senses about me.
COURT. Q. Besides laying his hand on your collar and taking your money, did he do anything else to you? A. No; when he got the money he stepped it.
Prisoner. I can prove I was indoors at the time he mentions.
HENRY HILLMAN . I am a labourer, at 12l, Vauxhall-walk—on 15th November I saw the prisoner following the prosecutor from one side of the road to the other—the prosecutor kept trying to get away from him and went to several public-houses—I heard him call out "Police" three or four times; that was whilst the prisoner was following him.
JOHN HOLTON (Policeman, L 148). On the morning of the 1st, the prosecutor pointed out the prisoner to me in Lambeth-walk, and charged him with knocking him down in Lambeth-road and stealing from his person 1s. 2d. and a tobacco-box—the prisoner said he was not in the Feather but he was with a girl that he cohabits with—I asked if it was Lou—he said, "Yes"—he did not say where.
Prisoner. Q. Did he not say 1s. 1d. at first? A. He said 1s. 2d. or 1s. 4d. but he was confident of 1s. 2d.
Prisoner's Defence. On the 15th, from about half-past 4 up to 9 o'clock, I was indoors, which I can bring the landlady of the house to prove. The prosecutor let it be for fourteen days, and never even gave a description to the police. He has known me for years, and the other witness also.
JOHN SMITH (re-examined). I did not make any complaint about the robbery that night, except calling "Police"—I did not see any police—I never saw the prisoner again till the morning I gave him in charge; that was yesterday fortnight—I did go to the station or make any complaint on the night of the robbery—I had never seen the prisoner before to my knowledge—I did not know where he lived.
Witness for the Defence.
CATHERINE DUNBAR . I live at 35, Church-street, Lambeth—I know the prisoner—his mother has apartments in the same house as I have—on the day the prosecutor says he lost his money I can prove that the prisoner was in the house until after 9 o'clock—I am speaking of 15th November; it was on a Saturday; he came in about 4 or a quarter past, and never went out till after the clock struck 9—I spoke to him on the stairs as he went out—I lent him a light coat that morning to go out in to see if he could get employment, and he had it on when he went out at 9 at night—I can't say what time he came back again—I saw him several times between 4 and 9 in his mother's room, which is on the same landing as mine—he was washing himself on the landing about half-past 6—I saw him again about
5 minutes past 8, when I went into hit mother's room for an iron that she had belonging to me; he was then sitting by the fire.
Cross-examined by MR. PLATT. Q. Are you no relation of his? A. None, and I have not spoken to him for years—I am a widow—I did not go before the Magistrate, because I did not know what he was in trouble for—I knew he was locked up, but I did not know for what; I did not inquire—I did not know the nature of the charge until the prisoner wrote and told me—if I had known the day it happened on, I should have gone—I recollect this Saturday, because I am a hard-working woman, and I was washing on the Saturday as I am engaged all the week at needlework.
GUILTY .— Confined Eighteen Months.
The officer Holton stated that the prisoner had been several times convicted of assaults on the police.
Before Mr. Baron Martin
MR. BESLEY conducted the Prosecution.
HANNAH WHEATLEY . I am single—I occupied the front room downstairs at 12, Wood's-buildings, on 22d November last, and had done so over twenty years—the prisoner occupied the front room upstairs, immediately above mine—he had lived there between six and seven weeks with his wife and three children; Johanna, the eldest, was between eight and nine years of age—on the evening of 22d November, my attention was first attracted by singing in the prisoner's room, between 9 and 10 o'clock—I don't know how long that continued—the next thing I heard was the little girl Johanna come down stairs; she went out and returned with some beer in a can—I saw her go upstairs again, and not many minutes afterwards I heard quarrelling—I could not distinguish the voices of the persons; I should say there were more than one—the next thing I heard was the deceased man say" Give me my change"—I know it was him by it being a much gruffer voice than those occupying the room—he made use of an oath and said, "I will punch it out of you if you do not;" the next I heard was a heavy fall and a table fall over with crockery upon it—I then left my room and went half-way upstairs—they opened the door and I saw the little boy with a light in his hand; that was all—they then shut the door again—I then came downstairs.—I heard screaming and went half-way up again—before that I went to the door and called "Police," and the neighbours came in—I then called up the stairs to know what was the matter; the prisoner's wife opened the door and said, "For God's sake, fetch a policeman, for he is chopping his brains out"—she then came out and the prisoner came out and pushed her—I came downstairs and she followed; I don't know whether the prisoner followed—I said, "Whatever is the matter? be quiet, or I will fetch a policeman"—he said, "You may," and he went back into the room—I came down stairs and I think I went into my own room, but I have not a recollection—the next thing I heard was a dragging sound as if something was being dragged, and
a fall—the prisoner's wife was at my room door at that time—I then went out and saw the deceased at the bottom of the stairs, bleeding from the head over the right eye—some one went for a policeman; I don't know what I did; and Mrs. Powell came and pulled the deceased up and held his head—I afterwards went into the prisoner's room—after the surgeon had come, I went to fetch a counterpane and coat to cover the man, but some time elapsed; I can't say how long; I did not take any heed of the time—I did not see any one in the room; I saw a quantity of blood on the left-hand side going in at the door—I afterwards saw the deceased dead at St. Thomas's Hospital on the Friday week following; I don't know the day of the month—this happened on a Saturday night.
Cross-examined by MR. SLEIGH. Q. Did the prisoner and his wife occupy more than one room? A. No; the room in which this occurred was their bed-room and sitting-room—I can't say how long this quarrelling and scuffling continued—it might be between a quarter and half an hour—I did not see the man fall down the stairs.
JOSEPH BREWER (Policeman, P 118). On 22d Norember, about a quarter to 10, I was called to 12, Wood's-buildings, Old Kent-road—I saw the deceased Thomas Searle there lying at the foot of the stairs with three extensive wounds on the head—I asked who did it, and the prisoner, who was in the next room downstairs, replied, "I done it, policeman; I will give myself up to you"—I looked round the room at the poker and other things, but could not see any blood on them; and I looked at the prisoner's boots, and on his right boot I found a quantity of blood splashed all over it, and all round the sole—there was no blood on the other boot—the prisoner said, "He should not come after my wife"—I went upstairs, and found a lot of blood in the front room, on the left-hand side, and several spots of blood all down the stairs—Searle was taken in a cab to the hospital.
Cross-examined. Q. Where was it you first saw the prisoner? A. Downstairs in the front room—the deceased was lying at the foot of the stairs, bleeding, and there was blood on the floor—the prisoner must have come down those stairs.
MR. BESLEY. Q. Was there any blood on his other boot? A. None, I am quite sure
JOSEPH DUNLOP (Police-inspector, P). On 22d November, I was on duty at the station in Carter-street, Walworth-road—the prisoner was brought there about a quarter to 11—Brewer charged him with violently assaulting a man named Searle—I asked Brewer if there were any witnesses to the assault—the prisoner immediately replied, "No, there are no witnesses; I did it"—I told him to consider what he was saying, that it was a very serious charge against him—he replied, "I should not care for my own carcass, but for the sake of my poor children"—he said, "The old b—should have kept away from under my nose"—I afterwards saw the deceased at St. Thomas' Hospital, and he told me his name was Thomas Searle.
Cross-examined. Q. Did not the prisoner say further, that Searle had taken his wife away from him two or three times, and with difficulty he had got her back from him? A. Not there, not to me; he did substantially say that the deceased had been cohabiting with his wife, and he had two or three times got her away from him—he appeared very much distressed.
HENRY GORDON SHEE . I am house-surgeon at St. Thomas' Hospital—on 22d November, Searle was brought there—he had received several injuries about the head, and two of his ribs were broken on the left side—
there were several lacerated wounds about the right side of the head and forehead; the face itself was much swollen and contused—over the right eye there were two cuts parallel, extending about 2 1/2 inches in length, from the temple towards the nose, and there were injuries to the bones about the right eye—I should think the wound over the right eye was caused by some blunt instrument—he was under my care and that or another housesurgeon during the time he remained in the hospital—I believe he died on the Tuesday night—I subsequently examined the body; on the Tuesday week afterwards—the swelling had then very much subsided, and I was enabled to discover a fracture of the bones of the nose—the bone over the left eye was also fractured, and the seventh and eighth ribs were fractured—I have no doubt that those injuries caused his death—I believe those injuries might have been inflicted by this boot.
Cross-examined. Q. Might they not probably be inflicted by the fall downstairs? A. I think not; the fracture of the ribs might—I believe the broken ribs did not perforate the lung—the viscera were all removed at the time I saw the body—if the broken rib had perforated the lung, that would of itself have been sufficient to cause death.
MR. BESLEY. Q. In your opinion, were the fractures of the bones of the nose and of the eye caused by a fell downstairs? A. I believe not; not the fractures of the head generally.
COURT. Q. In your judgment did those injuries to the head conduce to the death? A. Yes.
The prisoner's statement before the Magistrate was read as follows:—"He decoyed my wife away, and for about a twelvemonth he had been cohabiting with her. About seven months ago; he took her away for three months, she then asked me to forgive her, and I took her back. I moved away from where I then lived, and Searle used to go to my house while I was at work. He decoyed her away two days and two nights while I was there. She came back, and I forgave her again. I took another room so that he should not know where I was, and last Saturday three weeks, I made an appointment with my wife, but when I got home she was not there. I went out and got rather intoxicated, and met her and him together. They went into a public-house, and I went in with them, and I have no recollection of what followed till I saw him at the bottom of the stairs. He had twice challenged me to fight before this.
GUILTY.—Strongly recommenced to mercy by the Jury. — Confined Nine Months
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. POLAND and ROWDEN conducted the Prosecution.
JAMES HAM (Policeman, 320 P). On Saturday afternoon, 22d November, I was in St. George's-road, near the Elephant and Castle—I was about thirty yards from the prisoner, whom I knew, and saw him looking at me, and then at a turning, as if to know whether he would go down it or not—I stopped him, and said, "Hallo! what is your game now here?"—he turned round and said, "It is very fine"—I said, "Yes, it is; have you any
counterfeit money about you?"—he turned round very quick, and said, "I will d—d soon let you know;" put his hand in his right-hand trousers' pocket, and took out a little brown paper parcel, done up with worsted, which he threw over a house—I took him in custody, and handed him over to Camp—I then went to the top of the house, but could not find it—I afterwards found it at the back of a house in the garden of an adjoining house—this is it (produced)—it contained three crowns and three half-crowns, wrapped up in separate pieces of paper—I found it where he could have thrown it, as the house laid very low—I took it to the station, and told him I had found it, and should charge him with having it in his possession—he said, "I know nothing about it."
Prisoner. Q. Were you in police-clothes? A. No; I did not tell you that I was an officer—I did not say on the second examination that I took you for a man I knew nothing at all about—I did not shake hands with you, and say that I took you for another man who had had nine months—I said that I had seen you with a man who had had nine months for passing had money, and told you where he lived.
JOSEPH CAMP (Policeman, L 128). On Saturday afternoon, 22d November, I saw the prisoner talking to Ham—I was in uniform, and was twenty yards off—I saw the prisoner take something from his right-hand trousers' pocket like a brown-paper parcel, and throw it over the house—Ham took hold of his collar, and not knowing him to be a constable, I went over, but he said, "I am a constable; he has thrown some bad money over that house"—I took the prisoner to the station, and found on him a crown-piece and one shilling, both good.
Prisoners Defence. I am a shoemaker—I had an appointment to meet a man named Bradbury, at the Elephant and Castle, at 2 o'clock; he gave me this parcel, and I had not walked fifty yards when the constable came up to me face to face. I had only had it three or four minutes. I did not know he was a constable, and I told him to come to the station and see. I certainly threw it over the house. I asked the policeman if he knew the man he had seen me with. He said, "No." He says now that he knows the house where he lived. He admitted to me that he had never seen me before, but took me for another man. The man has now gone away.
GUILTY .†— Confined Twelve Months.
ADJOURNED TO MONDAY, JANURAY 5TH, 1863.