CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD FEBRUARY 2D, 1863.
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, February 2d, 1863, and following days.
BEFORE the Right Hon. WILLIAM ANDERSON ROSE, M.P., Lord Mayor of the City of London; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Fry Channell, Knt., one of the Barons of Her Majesty's Court of Exchequer; Thomas Sidney, Esq., M.P.; Thomas Quested Finnis, Esq.; and Sir Robert Walter Carden, Knt.; Aldermen of the said City; Russell Gurney, Esq. Q.C., Recorder of the said City; Warren Stormes Hale, Esq.; Benjamin Samuel Phillips, Esq.; Edward Conder, Esq.; Thomas Dakin, Esq.; Robert Besley, Esq.; and John Sills 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.
CENTRAL CRIMINAL COURT.
ROSE, MAYOR. FOURTH 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, February 2d., 1863.
Before Mr. Recorder.
MR. SLEIGH conducted the Prosecution.
WILLIAM ROSE . I am a fishmonger, of 19, Peach-street, St. George's-in-the-East—on 19th December, about 11 at night, or it might be later, I was in Peach-street, where a club of our's is held—I had been drinking—the two female prisoners came up to me, and pulled me down, and the two male prisoners came in front of me—I had received 17s. 2d. from the society—I had a tussle, and held one of the females by her shawl, which she left in my hand, and slipped away—two or three policemen came up while I was on the ground, and took a man and woman in custody.
Cross-examined by MR. RIBTON. Q. Were you struck a blow? A. No; I was not hurt in the least—I did not lose my money—I was too tipsy to tell who the two men were.
COURT. Q. You said that you did know, do you know who the women were? A. No; I cannot swear to the prisoners.
Cross-examined by MR. TAYLOR. Q. Will you swear that there were not three women? A. I am certain there were only two—I cannot tell you how much money I had, because it was my day's takings—I lost exactly the money I had received at the club—I received it about 10 o'clock, and this was about half-past 11.
JAMES LOKER (Policeman, K 334). I was on duty in High-street, Shadwell, heard cries of "Police!" and "Murder!" about 1 in the morning, and went and found the prosecutor on the ground, and Lovell and Power holding him down—I took Lovell in custody—Power had his hand in the
prosecutor's right-hand waistcoat pocket; he and the two women ran away—No. 157 K came up and pursued Power—I had seen Francis about a quarter of an hour before that, and when I went up to the prosecutor, both these women were three or four feet from him—several other women were standing there, but none of them were so close as the two female prisoners.
Cross-examined by MR. RIBTON. Q. Do you know when Power was taken? A. Almost directly after I took the other—I have had no dispute with Power: I believe he summoned some of my comrades seven or eight months ago—I did not threaten that I would do for him—I know McKay—I did not hear him say so—there were six or seven women there, but the male prisoners were the only men—five or six people stopped to see what was the matter, as they passed—it was not dark, it was just under a gas lamp—the prosecutor was lying on his back when I went up, but whether he tumbled or not, I cannot tell—they did not see me till I took Lovell, whose back was to me, and Power was stooping down, so that he could not see me—Lovell was nearest to me; he was between me and Power.
Cross-examined by MR. LEWIS. Q. Was Lovell very drunk? A. No; he was quite sober.
DONALD MCKAY (Policeman, K 275). I heard a rattle springing about 1 o'clock in the morning—I ran to the spot, and saw Connell with her shawl disordered—I saw No. 157 holding Power, and Locker holding Lovell—the prosecutor walked behind, and we took them to the station—I afterwards went to a low coffee-house in Ratcliff, and found Francis there—I had a description of her—I told her I wanted her for being concerned, with three others, in robbing a man in High-street, Shadwell—she said that she had just come from home, and had been washing all day—it was then half-past 1 in the morning—I had seen her that night, wearing a similar shawl to this (produced)—I saw her about 4 o'clock, with the other prisoners, in High-street, Shadwell—Power and Connell live in one house, the other two prisoners sleep anywhere.
Cross-examined by MR. RIBTON. Q. Are you the man whom Power summoned once? A. No; I never threatened to do for him—I have told him that if I saw him about of a night I should lock him up for loitering—he summoned one of our men six or seven months ago—I did not take him in custody.
MARK WILLIS (Policeman, K 157). About 1 o'clock on this morning I went to where this disturbance was, and saw Lovell there—Loker took him in custody—I took hold of Power, who was going away—he was with Connell nine or ten yards ahead, side by side, and I saw him extend his right hand towards Connell, but I did not see Connell do anything.
THE COURT considered that there was not sufficient evidence to go to the Jury against CONNELL and FRANCIS.
CONNELL and FRANCIS.— NOT GUILTY .
LOVELL received a good character.— NOT GUILTY .
POWER.— NOT GUILTY .
MR. ORRIDGE stated that the case had been postponed from last Session, in consequence of the prosecutor's absence in the hospital at Boulogne, who was still unable to travel to this country. He therefore offered no evidence against the prisoners.
NOT GUILTY .
Before Mr. Common Serjeant.
PLEADED GUILTY . and the prosecutor stated that he had prosecuted the prisoner's brother for robbing him, in 1857, who was sentenced to four years' penal servitude. Four Years' Penal Servitude.
PLEADED GUILTY .—He received a good character.
Confined Twelve Months.
GUILTY .—Recommended to mercy by the prosecutor.— Confined Six Months.
PLEADED GUILTY .**—An officer stated that the prisoner had been twice summarily convicted and twice in custody for assaulting the police.
Confined Three Months, and Three Years in a Reformatory.
PLEADED GUILTY .
James Brannan stated that he had known the prisoner for fifteen or sixteen years at a coiner, and that he had been sentenced to ten years' penal servitude in 1848, for uttering counterfeit coin after a previous conviction.
Twenty Years' Penal Servitude.
PLEADED GUILTY .— Four Years' Penal Servitude.
MESSRS. W. H. COOKE and ROWDEN conducted the Prosecution.
JAMES BRANNAN . I was formerly an inspector of police—I am employed by the Mint—on 3rd January I went, in company with other officers, to 17, St. Ann-street, Westminster—we found the street-door open, and proceeded upstairs to the second-floor front room, the door of which we found securely fastened—there were two doors, one inside the other—I don't know whether they were both locked; the inner door was bolted—I have the inner door (it was here produced); the bolt was sprung—the outside door we shattered to pieces—this is the oak post of the inner door—we broke open both the doors, and got into the room—we found the prisoners there in bed together—I had some conversation with the male prisoner of rather a coarse nature—I said to him, "It is quite certain you intended to resist, by all the means in your power, to prevent anybody making an entry in here"—he said he did not know what I meant—I said, "By placing this additional extraordinary strong
door inside"—he said, "The b—doors about here have got no strength in them"—I told him I had received instructions from the Solicitor to the Mint to endeavour to put a stop to his extensive coining and dealing in counterfeit coin, and that we came there with a Magistrate's search-warrant to search his place—he said, "You will find nothing here, unless you have brought it with you"—we then proceeded to make a search—I found in the cupboard this galvanic battery, charged with solution in both jars, a quantity of while metal which had been melted, files with white metal in their teeth, a pipkin with a small portion of white metal in it, a pad, a piece of marble with plaster of Paris upon it, as it now appears, a gallipot with some plaster of Paris in it, some brushes, some plaster of Paris in powder, and several bottles containing acid—there were also two tin bands with plaster of Paris adhering to them, a tin box containing white sand, and a canister containing several pieces of antimony—some of these things were in the cupboard, and some in a little drawer close by the cupboard; all in the room—I have a bag here containing plaster of Paris; that was found in the bottom of the cupboard—these are all articles used by coiners for the purpose of making counterfeit coin.
Cross-examined by MR. PATER. Q. And for other purposes as well? A. They might be; but there are several things here which I think are not used for any other purpose—I am not now in the police force; I left it in 1857, since which time I have been attached to a branch of the Home-office—I found the street-door of this house open—I can't say whether it is generally kept open; I have frequently seen it open—I believe the house is let out to several persons—I think we might have been about a minute and a half or two minutes breaking open the door of the room which the prisoners occupied; I did not knock before breaking it open—I did not knock at any other door before we broke this door open, but one of my companions did; that was the door adjoining, on that same floor—I do not know that the male prisoner uses the galvanic battery for the purpose of electro-plating ear-rings and studs—the other officers went into the room with me—I was in the room perhaps an hour and a half; the other officers were there the greater part of that time; some of them were in and out—I can't say what may have passed between them and the prisoners in the confusion—I attended to my own part of the business.
MR. COOKE. Q. Who broke the door open? A. My son, with the assistance of another officer and myself; we were all standing together on a small landing—Inspector Rolls showed me four counterfeit half-sovereigns in the room in the prisoner's presence.
RALPH ROLLS (Police-inspector, B). I accompanied Brannan and the other officers to this house—when we got into the room I found an earthen pot on a sideboard near the fireplace, and in it were these four counterfeit half-sovereigns, wrapped separately in paper—I showed them to Brannan, and said, "Here are counterfeit half sovereigns;" upon which the male prisoner said, "Then I'm b—if you have not brought them here."
Cross-examined. Q. Were you one of the officers who knocked at the other door? A. No; I heard the knocking—I should say that was three or four minutes before the door was broken open—I heard no answer from the inside—I don't know that the street door is continually kept open; I had never been to the house before.
MR. COOKE. Q. Did you five officers go up the stairs one after the other? A. Yes, close together; I was behind, I believe—those in front went at once with the sledge-hammer to the door that was broken open—we only
knocked at one room door; there were two doors to that one room—we were three or four minutes from first knocking until the door came open—we did not knock at any separate door; the only knocking was the breaking open—we went upstairs as fast as we could, and broke the door open immediately—I believe there was some knocking at the door of the back room about the same time.
THOMAS MINCHINGTON . I am a bootmaker in Orchard-street—I am landlord of the house 17, St. Ann-street, Westminster—the prisoners were the occupiers of the first-floor front room at that house when I took possession of it three years ago; they afterwards took possession of the second-floor front, and had it near upon three years—I was not aware of there being a second door to that room; it was not put by me.
Cross-examined. Q. Do you know whether the prisoners are married? A. I have always understood so; they passed as such—they have lived together all that time—the street door was invariably kept open—the house is let out to different persons.
WILLIAM WEBSTER . I am inspector of coin to the Mint—here are four bad half-sovereigns, all from one mould—the different articles produced appear to have been recently used—this pot is used for the purpose of melting the metal for the manufacture of counterfeit coin, and this is the kind of metal that is used for it—here are the wires of the battery, brushes for cleaning the coin, and everything that could be used for the making of counterfeit coin.
COURT. Q. Is this a galvanic battery? A. It is broken now; it was one before it was broken.
MR. COOKE, stating that the female prisoner was, in all probability, the wife of the male prisoner, THE COURT was of opinion there was no case against her, the possession being that of the husband. MR. PATER submitted that no legal offence was made out under the 24th sec. of 24 & 25 Vic. c. 99, upon which the indictment was framed; that a galvanic battery did not come within the meaning of the word "machine" used in that section; a machine implying an instrument with a combination of mechanical powers; whereas, the battery was of itself useless. MR. COMMON SERGEANT entertained no doubt that the instrument in the present case came within the term "machine;" it was a regular galvanic battery, completely and scientifically constituted; it was not necessary that it should possess a combination of mechanical powers; a machine was an apparatus consisting of parts more or less complicated, adjusted the one to the other, with a view to the production of a certain result, the individual parts of which would not be of any use; but those parts being adjusted, constituted a machine for a particular object. A similar point arose in the case of Reg. v. Gover, last Session (see page 437), where, having occasion to consider the words of this section, after consulting MR. JUSTICE KEATING, he was of opinion that here was a case to go to the Jury, believing that the words used in this section, "any other machine," had been added for the express purpose of including machines other than those before mentioned.
MR. PATER did not address the Jury upon the facts.
ELIZA BALLARD.— NOT GUILTY .
WILLIAM BALLARD. GUILTY .— Ten Years' Penal Servitude.
Brannan stated that the prisoner had been engaged in coining for nearly thirty years, but had always escaped detection.
PLEADED GUILTY .— Four Years' Penal Servitude (see next case).
MESSRS. W. H. COOKE and ORRIDGE conducted the Prosecution.
JOHN BURTON . I am a plumber, living at 5, Queens-square, Hoxton—on the night of 26th January, about 7 o'clock, I was with John Haines, in Dunstan-street, Kings land-road—I saw the prisoners Whitty and Door, and from something I observed, I watched them—I followed Door until she came to Bridport-place, Hoxton, about a quarter of a mile—she went into 52, Bridport-place—I looked through the window and saw her tender a shilling to Mrs. Anderson's daughter—Whitty was at that time standing about twenty yards off, under a public-house window—after Door came out, I immediately went in—Mrs. Anderson showed me a shilling, which I marked—I came out again, and saw the female join the male prisoner, and go up an opposite street—I followed them through various streets, till they came round again within ten yards of the place where the shilling was tendered—they went down Poole-street, to a baker's; Door went in for a halfpenny slice of bread—she did not tender any silver there—I then followed them down the New North-road, till they came to the corner of Wimbourne-street, to a Mr. Smith's—they stood outside the window looking into the shop—Door then went in—I called the attention of the constable 60 N—the male prisoner crossed to the opposite side into a dark street, named Cliff-street—I went up to him and told him I wanted him for uttering base coin—he resisted, and ran away—in running he dropped this doll and this journal—I picked them up and still pursued him—he then put his band into his coat-pocket, put something into his hand, and threw it away as he was running on to the top of 8, Cliff-street—I still pursued, and captured him, and gave him into custody—I afterwards went on to the top of 8, Cliff-street, and there found this purse containing two counterfeit shillings, wrapped up separately in paper.
ELIZA ANDERSON . I live with my mother at Bridport-place—on 26th January, Door came and asked for a bead-snap which came to a penny—she gave me a 1s. in payment—I gave it to my mother, and gave the prisoner 11d. change—immediately after she had gone out, Mr. Burton came in.
MARY ANDERSON . I am the wife of Robert Anderson, of Bridport-place—on 26th January, my daughter gave me a 1s.—I kept it in my hand—Mr. Burton came in directly the girl had left—in consequence of what he said, I looked at the 1s. and found it was bad—Mr. Burton marked it.
CLEMENTIA SMITH . My father keeps a stationer's shop in Bridewell-place—on the evening of 26th January, the prisoner came and asked for a copy of the "London Journal," which came to a penny—she gave me a 1s. in payment—it was a bad one, and I gave it back to her—I put it on the counter—at that moment Haines came in and put his hand on her shoulder—she took the 1s. up in her hand and put it to her mouth—Haines took her away with him.
Prisoner. I was never in that lady's shop. Witness. I am sure she is the person.
JOHN HAINES . I am a carman, and live in the Kingsland-road—I was with Burton on the night of 26th January—we followed the two prisoners—I saw the prisoner go into Mrs. Smith's shop—I stopped outside—she
produced a shilling—Miss Smith saw it was a bad one—I went in and touched her on the shoulder as she stood in front of the counter, and she directly put the shilling into her mouth and swallowed it—I took her away with me, and gave her into custody.
Prisoner. I did not swallow the shilling; I was never in the shop; I was outside walking along when he touched me on the shoulder. Witness. She was in the shop; we had a struggle for the shilling in the shop.
JEREMIAH ENRIGHT (Policeman, N 391). Whitty was given into my custody by Burton—I found on him, seven sixpences, four groats, one 3d. piece, and 3s. 9 1/4 d. in coppers, all good money, a cheap song-book, and a key.
GUILTY .— Confined Nine Months.
DANIEL SPOKES . I am a grocer, of 86, Great College-street, Camden-town—I deal with Mr. Mumby—the prisoner was in his employment—I paid him 1l. 6s. 3d. this day fortnight, on account of Mr. Mumby—he gave me this receipt for it (produced).
CHARLES FIELDS MUMBY . I am a spice merchant, of 2, Botolph-lane—the prisoner was engaged by me as a town traveler—it was his duty to receive monies, and account to me on his return from his round—he entered my service on the 19th January, that was his first day out—he did not account to me for these two sums—he never returned—he was taken into custody on the Thursday evening.
ANTHONY WILSON MONGER (City-policeman, 96). I took the prisoner into custody on 27th January, in the street close by his own house—I said, "I am a police-officer, and shall have to take you in charge for embezzling various sums of money belonging to Mr. Mumby, your master"—he said it was a bad job, that he had been out collecting orders and monies, that he got beastly drunk in the evening part, and that in crossing Regent's Park he was garroted by three or four men, and robbed of every penny-piece he had about him—I asked him how they garroted him—he said by pressing his throat very tightly—I asked him if he did not come home in a cab—he said, "Yes, I did; I paid the cabman half a crown, which I found remaining in my pocket"—I asked him if he had given information to the police round about the Regent's Park, as there were plenty of them there, and park-keepers—he said, "I have not; I spoke to a policeman this afternoon in Homerton, and asked him what was my best course to pursue"—I asked him the number of the policeman, but he could not tell me—I then took him to Seething-lane station—after he was committed for trial, I told him that any inquiry I could make respecting the garotting I would willingly do, I would not care what trouble I took over it if he could give me the slightest clue.
Prisoner. I deny emphatically that he ever suggested to me that he would make any inquiry. Witness. I spoke to him twice about it—he said at one
time that he had been garotted, and at another time he said he was punched in the side by four men.
Prisoner's Defence. On Monday, 19th January, I went on my first day's work for the prosecutor; I was on my feet for a considerable portion of the day, and had no dinner; towards the evening I unfortunately took several glasses of drink, and became intoxicated; I was attacked near the Regent's Park by a number of men, thrown down and robbed; feeling 2s. 6d. left in my pocket, I got a cab and went home; I intended to have gone at once to the prosecutor, told him all, throw myself on his sympathy, and make arrangements to pay him, but I felt too much ashamed and humbled, but on Thursday I wrote to him, stating I would pay him every farthing, and my wife took the letter; I have been twenty-three years engaged in commercial pursuits; unhappily, for the last few years, I have been addicted to drink, and have lost several situations in consequence, but as regards honesty and integrity I stand pure and unsullied.
MR. MUMBY (re-examined). I received the letter which the prisoner speaks of; I had two letters from him—I had a character of him from a fellow servant in the establishment—he was in needy circumstances—I never heard any charge of dishonesty against him.
NOT GUILTY .
MR. LEWIS conducted the Prosecution.
DANIEL LINNAHAN. I am mate of the Eleanora, now lying inside the Isle of Wight—she was hauled out of the Surrey Canal on 17th January, between 10 and 11 in the forenoon—the prisoner had shipped on board, and signed articles—when we had towed down as far as Limehouse-reach there was row on board; the prisoner had hold of the second mate by the throat, and others were striking him as they best could—he was bleeding from the nose, mouth, and ears, and his tongue was out—I ran to his assistance, and McKenzie struck me with his fist on my head—I saw the blow coming, but I got so many other clouts that I cannot say who gave them to me—I got the second mate clear from the rest of the men—I called the men to go to their work as I wanted to get the jib-boom rigged—I went aft, and the crew followed me—I got McKenzie by the shirt, and told him to go forward—he slued round and struck me under the eye, and the other man sung out, "You son of a bitch, I will cut your heart out;" drawing his knife from the sheath, and making a blow at me with it—I drew back, and put up my arm—it just scraped my cheek, and entered my left arm nearly to the bone—he then made another blow at me, which went into the second mate's thumb—he was then seized, and they got him into the boat—he jumped half way out, and the other man jumped overboard—the police were called on board—they saw the whole of it—the prisoners were given in custody.
Prisoner Watts. You drew a knife on us. Witness. I did not; when the row commenced the steward was cutting some meat, and I took the knife, and gave it to a man to put out of the way—I put my hand to a handspike to protect myself, but I did not get it because they seized me.
COURT. Q. What did the row begin about? A. Because the second mate told them to lend a hand to rig the jib-boom.
JOHN WALKER . I am a pilot, living at Wellington-place, Gravesend—I was on board the Eleanora—the second mate asked one of the crew to go to work—he would not, and struck the second mate—I saw the prisoners
strike the second mate, and the prosecutor interfered for his protection—I saw a knife in Watts' hand, but did not see him use it—as I went round the forecastle they struggled half round the hatchway and got out of my sight—the mate came forward and asked me to call a policeman—I afterwards saw that he was cut, and saw the two men jump off the forecastle.
JOHN JUDGE (Thames Police-inspector). On 17th January, about 12 o'clock, I was called on board the Eleanora—I asked Watts how he came to strike the chief mate—he said that he had not, but as I walking away he struck the chief mate in my presence—I laid hold of him, and then McKenzie struck the chief mate—Watts then made another blow at him—I did not see that he had a knife in his hand, but the man cried out, "I am stabbed"—he tucked up his shirt-sleeves, and blood was running down his arm—I closed with Watts, and saw a knife in his hand—I got sight of the blade—I got him, with assistance, to the top of the forecastle, held him down, and got the knife from him—he said, "I meant to stick it into his b—heart"—both the prisoners jumped overboard, but we afterwards got them on board the police boat—the knife went overboard.
Watts. Q. Was I drunk? A. You had been drinking, and so had the whole of the ship's company, but you knew what you were about.
Watts' Defence. The chief mate struck me, and called me a d—d son of a bitch; I struck him again, after which I unfortunately took some more liquor, and do not know what I did.
COURT to DANIEL LINNAHAN. Q. Did you strike him first, or call him a d—d son of a bitch? A. Never.
McKenzie's Defence. There was a row on board the ship, and he got me by the shirt and dragged me about, and I struck him in the face.
WATTS— GUILTY — Confined Fifteen Months.
MCKENZIE.— NOT GUILTY .
He PLEADED GUILTY to a common assault.— Confined Three Months.
NEW COURT, Monday, February 2d., 1863.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Twelve Months.
MR. CRAUFURD conducted the Prosecution.
serving there on the evening of 30th December, when the prisoners came in and asked for a pint of porter—they both spoke—it came to 2d. and Wilson gave me a half-crown—I saw it was bad—Mrs. Alexander, my aunt, was in the shop—I gave it to her, and she kept it—Brown then gave me a threepenny-piece to pay for the porter, and I gave him a penny change.
SUSANNAH ALEXANDER . I am the aunt of the last witness—my husband keeps the Crown public-house in Oxford-street—I was at the other end of the bar on the evening of 30th December—I saw Wilson give a half-crown to my niece—she called me, and gave me the half-crown before their faces—I saw it was a bad one—I marked it, and afterwards gave it to the constable—the prisoners were given in charge there—I heard some one ask for their address—I asked Brown if he knew anything of the other one before, and he said he had never seen him before; he only met him by accident, going down Holborn—at Bow street I heard him say that he had known the other before, for seven months.
Brown. Q. When you asked me whether I knew him, did not I say I knew him by seeing him up at the concert-room? A. No; you said you had never seen him before—you gave me no address.
ALFRED BOWDEN (Policeman, E 43). I was called in by Mrs. Alexander, and took the prisoners into custody—on Wilson I found 1s. 6d. in silver, and 2d. in coppers, good money, and on Brown 4s. 6d. in silver, and 7 1/2 d. in coppers, also good money—I asked Wilson where he got the bad half-crown from—he said he did not know—next morning, at the police-court, he said he thought he took it at some skittle ground—I asked his address and he refused it—Brown gave his right address, White Lion-street, Seven Dials—I received this half-crown (produced) from Mrs. Alexander—the 4s. 6d. I found on Brown was in four sixpences and a half-crown.
Wilson. Q. Did I not give my address before the Magistrate, and you went to it and saw my father? A. Yes; that is so.
ROSA SPILLMAN . I am barmaid at the Coach and Horses public-house in the Strand, kept by Mrs. Scott—on 18th December, I served Brown with a glass of porter, price 1d.—he tendered me a bad half-crown—I saw at once that it was bad, and told him so—a constable was immediately sent for, but the charge was not pressed—he paid for what he had, and was allowed to go—I gave the half-crown afterwards to Mrs. Scott, and she threw it in the fire in my presence—it melted.
Brown. Q. When you told me the half-crown was bad, did yon give it me back again? A. No; I gave it to Mrs. Scott's brother—he is not here—I afterwards saw him give it to Mrs. Scott—two policemen came in, and Mrs. Scott's brother asked if they knew you—I believe they said "No"—he asked for your direction and you gave it—I don't know what was done with it—one of the policemen who came in, is in Court.
ELIZABETH SCOTT . I keep the Coach and Horses public-house in the Strand—I was upstairs on this day in question, and was called down—before Brown left, my brother handed me a half-crown—I placed it on one of the shelves in the bar, and about 12 o'clock I threw it in the fire, and it melted.
Brown. Q. How long did the half-crown remain on the shelf? A. From 6 o'clock till 12—I examined it a good many times, and made the remark that it was a very bad one—it ran through when I threw it in the fire—I am quite certain of that—I told the policeman to make an example of you—I believe my brother let you go—I was not present then.
Brown's statement before the Magistrate was here read as follows:—"I
believe there is an Act of Parliament where if there is only one uttering, a man is entitled to his discharge, and there is only one uttering against me, and no proof that it was a bad half-crown; a good one will melt in time."
Brown's Defence. A meeting was got up for this man, where he took About 1l. 7s.; he must have had the bad half-crown in that; I met this man by accident; he was a stranger to me, barring coming up to the house where my club is; I met him, and asked him if he would have something to drink; he said he would, and I paid for it; that was before we got to Mrs. Scott's; we walked a little further and I was going home, when he said, "Come and have something to drink with me;" I said, "Yes;" and we went into Mrs. Alexander's house; he there tendered a half-crown in payment, and when they said it was bad, I paid, as it was a strange house; I have been in prison five weeks, on a charge of which I am not guilty.
Wilson's Defence. I was engaged by a man over the water, named Deacon, to remove him, on 29th December, and received a 5s. piece; I paid 6d. for my omnibus fare to come home, and got the half-crown in the change; I did not know it was bad—I did not give my address the first time, because I did not want to bring disgrace on my family.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
JAMES SPIKES . I keep the Globe and Friends public-house, Moorgate-street, Commercial-road East—I was in my house on 10th January, when the prisoner came in and asked for two pennyworth of rum—my wife served him—I was standing by at the time, and could see and hear all that passed—the prisoner put down in payment, a florin—my wife said, "This is bad"—I said, "Let me look at it"—she handed it to me, and I said, "This is bad"—I was putting it in my mouth, and was going to bite it, when the prisoner said, "No, don't destroy it; I will pay you 2d.," or something to that effect—I bent it up with my teeth—before I put it in my month he said, "Give it me back, I will give you 2d." and he threw the 2d. down—a police constable happened to be at the bar at the time, talking to me on business, and I gave the prisoner into his custody, with the florin.
FREDERICK MARSHALL (Police-sergeant, H 9). I was in Mr. Spikes' house on 10th January, talking to some people in front of the bar—I saw the prisoner go to the counter and ask for two pennyworth of rum, and heard Mrs. Spikes say, "This is a bad florin"—Mr. Spikes said, "Let me look at it;" and he said, "Yes; it is"—the prisoner said, "Give it me back, and I will give you two-pence"—Mr. Spikes said, "No; I shall not," and bent it—I took him in charge and said, "Have you anything more"—he said, "No; nothing more"—I searched him, and in his pockets I found these three medals (produced)—no good money—I asked him where he lived—he said, "Nowhere"—these medals are like sovereigns in colour—the prisoner paid 2d. for the rum before he left the place.
COURT. Q. Were you in uniform or in plain clothes? A. Plain clothes—I asked him whether he had any more money about him, and he said, "No, nothing more."
WILLIAM WEBSTER . This is a bad florin; it is one of the best made ones—these are Hanoverian medals, they have the word Hanover on them—they represent a sovereign in colour and size, and they have the Queen's head on them.
GUILTY .— Confined Twelve Months.
MR. CRAWFORD conducted the Prosecution.
SARAH WILTON . I am apprentice to Mr. Le Fevre, a linen-draper—on 16th January the prisoner came and purchased some stockings, another young person served her—they came to 4 3/4 d.—she laid down a florin before me—I took it to the till and tried it, it was bad, and I took it to Mrs. Le Fevre, in the parlor, who came and asked the prisoner where she got it—she did not answer at first, and then she said that she did not feel inclined to tell her—she offered to pay with a good half-crown—I went for a policeman, and when I came back the prisoner was four doors off, going away; she was taken in charge.
Frances Le Fevre did not appear, and her husband produced a medical certificate stating that she was ill.
JOSEPH BULL (Policeman, D 378). Miss Wilton came for me on 16th January, and I took the prisoner, and found on her a good half-crown, a parse, and an empty bottle—Mrs. Le Fevre gave me this florin (produced).
The deposition of Frances Le Fevre was here read as follows:—"I live at 54, Marylebone-lane, and am the wife of William Le Fevre—on 16th January, the last witness handed me a counterfeit florin, which I handed to the constable—I kept it in my possession till I gave it to the constable.
CALVERY. I live in York-road, Lambeth—on 1st December the prisoner came into my shop, and I served her with some eggs and tea, which came to 3 1/2 d.—she gave me a florin—I told her it was bad—she said that she did not know it—I gave her in charge with the florin—I afterwards went before the Magistrate, and the prisoner was remanded and discharged.
GUILTY .— Confined Twelve Months.
294. JOHN BATES (30) , Feloniously forging and uttering an acceptance to a bill of exchange for 21l. 0s. 9d.; also the acceptance to a bill of exchange for 38l. 4s., with intent to defraud; to both of which he
PLEADED GUILTY .—The prosecutor stated that he had discovered twenty-two cases of fraud against theprisoner.— Six Years' Penal Servitude.
OLD COURT, Tuesday, February 3rd, 1863.
PRESENT—MR. RECORDER; Mr. Ald. PHILLIPS; and Mr. Ald. GIBBONS.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Six Months.
GORDON PLEADED GUILTY .**†— Six years' Penal Servitude.
DAVIS PLEADED GUILTY .— Confined Twelve Month.
PLEADED GUILTY .— Four years' Penal Servitude.
MR. PATER conducted the Prosecution.
DAVID ALFRED LORIE . I am a furrier, at 92, Bartholomew-close—the prisoner has been in my employment since October 4th, as a traveler—on 10th December I gave him instructions to obtain 1l. 13s. 5d. from Messrs. Hills and Barnard, of Chelsea, for goods previously supplied through our traveller—on his return he was asked whether they had paid it—he said, no, they were out; they would pay the next time he was round—I asked for it once or twice afterwards, and he said they would send it down—on 24th December, the prisoner absented himself from the warehouse—this receipt is the prisoner's writing; it purports to be his receipt for 1l. 13s. 5d. from Messrs. Hills and Barnard, on my account—he never accounted to me for that sum—I have a customer named Ball, of Whitechapel, who purchased goods of my traveler to the amount of a guinea—I did not authorize the prisoner to receive that—it would not be due until 1st February—the prisoner has never accounted to me for it.
Cross-examined by MR. METCALFE. Q. Was it the prisoner's duty to account to you? A. Certainly—he had a list of persons to call upon on 10th December; he brings that list back with him, and then it is generally destroyed—I enter from that list into my cash-book the money received—I do not enter those that are not received—the cash-book is not here—I can send for it, and also for the book from which the list was made out—he had to collect on the 10th of each month from certain persons—I can't tell from how many he would have to collect on 10th December; it might be from twenty to thirty—I took a policy of insurance from the prisoner—that was about a week or ten days before I had the slightest suspicion of his embeszling money—it was about ten days before he left—I did not take any money from him—I did not put this sum of 1l. 13s., 5d. to his account—I put a sum to his debit, the amount of 1l. for some umbrellas, which I redeemed from a shop in Worship-street—I went to his house on 3d January—I did not tell him that I had found out that this sum had not been paid—I could not have done so, because it was not found out until after he was in custody—I told him there were irregularities in his accounts, but I had no idea of embezzlement then; I merely wanted him to come to the ware-house, and tell me what he had done—I requested him to repay me what he had overdrawn in his account—I have that account at home—I did not give him from Monday to Thursday to get the money for me—I told him if he came the following morning and paid me the 4l. or 5l. that he had overdrawn, he could leave—a traveler may sometimes overdraw—I have several travelers who have done the same—I don't think I called on the prisoner between the Monday and the Thursday—I saw his wife on the Thursday morning; that was previous to giving him in custody—I did not ask if the money was ready for me—I had the detective then outside—I still have the policy—it is for 100l. in the Kent Mutual, which is now amalgamated with the Albert and Medical—four years premiums are paid up.
MR. PATER. Q. When you spoke to the prisoner about money, was it respecting the account he had overdrawn? A. Entirely—I had no idea at that time that he had embezzled these sums—he had left some umbrellas at
the Bald-faced Stag, near Shoreditch, for a pound, and I redeemed them in his presence—I told him at that time that I could not take him again, but he said if I did not he should commit suicide, and I thought I would give him another chance—I took the policy from him knowing it was of no value, but as he seemed to attach a value to it, I took it to keep it as a sort of rod over him.
RICHARD HILLS . I am a draper, in King's-road, Chelsea, in partnership with Mr. Barnard—I have had dealings with Mr. Lorie—on 10th December I paid the prisoner on his account 1l. 13s. 5d.—he gave me this receipt—I saw him sign it.
FREDERICK ISAAC BALL . I keep a mantle-warehouse in Whitechapel-road—on 12th December I purchased of the prisoner goods to the amount of 9s. 3d. which I paid him on that day—he did not give me any receipt—on 19th December I bought half a dozen ties of him, for which I paid him 11s. 9d., and he gave me this receipt; he signed it in my presence.
DAVID ALFRED LORIE (re-examined). I have now got the cash-book—it contains the sums paid in on 10th December by the different collectors—I can tell what sums the prisoner paid in, knowing his round—I have also the book from which his list was made out; it is made up from the ledger by me—we always balance the accounts in the ledger from the cash-book—the figures "10th" are written against some items—these are my figures, indicating the persons who pay on the 10th of the month—those figures are not against Hills and Barnard's account, because there was no occasion for it; for the last seven or eight years they have paid on the 10th—it is impossible for me to say about what sum the prisoner would receive in a day—he would have about 40l. to receive on that day—I cannot say the average; on one day it might be 150l., and on another 5l.—this was the first 10th he was out.
The prisoner received a good character.
GUILTY .— Confined Eighteen Months.
MR. METCALFE conducted the Prosecution.
HENRY WINTERBORN . I am assistant to Mr. Grant, a pawnbroker of London-wall—I produce some silks which were pledged at my master's shop at different times, one piece on 1st January for ten guineas, in the name of Ann Hutley; another on the 14th for 10l., in the name of Glick; another on the 10th for 6l. 10s., in the name of Ann Hutley; and another on 14th for 9l., in the name of Ann Hutley—there were two on the 14th, both in the name of Ann Hutley.
COURT. Q. What quantity is there in these pieces? A. About eighty-two to eighty-five yards in each piece.
ANN HUTLEY . I am the wife of Henry Hutley, a tailor in Bread-street-hill—I know the prisoners—Cole came into my husband's shop on 1st January—I did not hear the conversation between them—after he had gone my husband gave me a piece of silk—Cole brought a pattern first, and afterwards a piece of silk—I took the silk and pledged it at Grant's in London-wall; this silk looks like it—I gave the money to my husband—Cole afterwards
came, and I saw my husband give him money—I don't know whether he gave him the whole amount or not—Cole brought silk four or five times, which I pledged at Grant's afterwards, gave the money to my husband, and he gave it to Cole when he came—Tunn brought a piece of silk on one occasion—I don't know which piece it was—one piece was pledged by Glick—I believe Tunn was there once when money was paid over by my husband to Cole.
Cross-examined by MR. DICKIE (For Tunn). Q. You will not swear that Tunn was ever present when money was paid to Cole? A. I won't swear—I believe he was once—I have known Tunn seven years—I know him to be a respectable young man—their last place of business was in Bread-street-hill—they are hair-net makers—I redeemed one piece of the silk, which was given by Cole or Tunn; not from Grant's—that was by my husband's instructions—it was cut up in lengths for dresses—I did not me it myself; it was sold—Glick had two of the pawnbroker's tickets, and Huggett, the officer, had one—I gave them all to my husband, not to the prisoners.
Cross-examined by BESLEY (For Cole). Q. What time was it when Cole came on 1st January? A. About 11 o'clock in the morning—my husband keeps a shop—Cole came openly to the shop in the middle of the day—I don't remember seeing him until that occasion—I do not know how long they have been carrying on this trade of hair-net makers—I knew Mr. Tunn—I did not know then that Cole was in partnership with him.
HENRY HUTLEY . I am the husband of the last witness, and am a tailor in Bread-street-hill—I recollect Cole coming to my shop on 1st January, and bringing a pattern of silk—he asked me if I thought I could dispose of it—I said I could not tell without I saw the piece—he went back and brought the piece over to me—he said it was half a crown per yard, nothing less—it was precisely like this—I believe he told me the number of yards, but I don't recollect the number—I gave the silk to my wife to pawn, and she afterwards gave me money, which she said was what she received for it—I gave that money to Cole with the exception of about 10s.—I was to keep what I got above half a crown a yard, and to keep the ticket—Cole brought me silk four or five times—I handed the money to Cole, after my wife gave it to me with one exception, when I gave it to Tunn—they were both together on that occasion, I think—I don't think Tunn was present on any occasion when I gave the money to Cole—Tunn brought one piece of silk—Glick had two tickets and the officer had one—I don't know what have become of the rest—I had them—I don't know what I have done with the other two—I think my wife gave that one to the officer.
Cross-examined by MR. DICKIE. Q. Do you mean to say you don't know what became of the tickets you received for the goods? A. I don't know—Glick pledged one piece of silk—I gave him 5s—I am not in the habit of going to pawnbrokers myself—I have known Tunn seven or eight years, and know him to be a respectable man; they carried on a large trade in Bow-lane.
Cross-examined by MR. BESLEY. Q. When did you first become acquainted with Cole? A. About six years ago, I dare say—when I first knew him he was an assistant at Morgan's, a draper in Bishopsgate-street—I don't know how long he was there—I don't know his age—he was quite a lad when I knew him first—this was the first occasion of his coming with any goods to me—it was a sale to me out and out at half a crown per yard, only payment did not take place till after I had pawned—I don't know how long Cole has been in partnership with Tunn—I was introduced to him by Tunn, and made some clothes for him—I have always thought he was an honest young man.
MR. METCALFE. Q. I suppose the draper he was with dealt in silks, as Well as other things? A. I don't know—he served behind the counter—lately he has been carrying on business as a hair-net and cap-front manufactures in Bread-street-hill—I dare say that is 500 yards from Messrs. Leaf's warehouse, or perhaps more than that—I have not been on the premises—this is the ticket I gave to the officer, and I believe this is the one I gave to Glick—the first piece of silk was pawned the same day that Cole brought it—the first transaction was on the 1st, and the last on the 15th, I think—it all took place between those two dates.
COURT. Q. Did Cole remain at your shop while the things were pawned? A. No; he went away and called again afterwards—nothing passed between us as to what I was going to do with the silk, or what I had done with it—I did not tell him I had pawned it.
JOHN GLICK . I live at 30, Long-alley, Finsbury, and am a tailor—I work for Mr. Hutley—I pledged a piece of silk like these for him; it was on a Thursday—I cannot remember the date—it was last month—I got 10l. for the piece—I gave the money to Mr. Hutley, and he gave me 5s. for my trouble—I kept the ticket in my pocket and have lost it now—Mr. Hutley gave me this ticket to sell on commission—I pledged in my own name.
EDWARD FUNNKLL (City-police-officer). I went with Sergeant Huggett and Mr. Hutley to Glick's shop in Long-alley—Huggett went into the shop, and I walked on with Hutley to the end of the alley, to a public-house—when we got there Tunn came out, spoke to Hutley, and went back into the public-house—I followed him in and there saw Cole—the prisoners were in conversation and drinking wine—I asked Tunn what his name was—he said, "Tunn"—I said to the other prisoner, "What is your name?"—he said, "Cole"—at that time I saw this parcel resting against Cole's leg on the ground—I took hold of it and said, "What it this?"—Tunn directly said, "It is a piece of silk"—I said, "Where did you get it from?"—he said, "I bought it of a porter about ten minutes past 10 this morning, at our office"—I said, "What did you give a yard?"—he said, "A shilling"—I said, "How many yards are there?"—he said, "It was sold to us at eighty-six yards"—I said, "Have you got an invoice with it?"—he said no, he had not—I said, "It is Mr. Leaf's silk"—Tunn said he did not know whose silk it was, but they bought it of a man—I told him that statement was not at all satisfactory to me, I was an officer, and they must consider themselves prisoners—I took them in a cab—on the way to the station I said, "Why, you have given Hutley a lot of other goods to pledge, where did you get them from?"—I said that to both of them—Tunn said they bought them of the same man—I asked him what he gave a yard for it, and he said, "A shilling all round"—I said, "Have you any invoices?"—they said, "No, we have not; that is where we are wrong," or "that is where we have done wrong"—I asked them both if anyone else was present when the man brought the silk, and they said, "No"—I said, "Were you both present when he did bring it," and they said "Yes"—I searched Tunn and found on him 21l. in gold, a gold watch, a ring, a pin, and several other articles, and on Cole I found about 5l. 1s. 7d., I think, in money, a watch, chain, pin, gold rings, and some memorandums.
Cross-examined by MR. BESLEY. Q. I understand that after you called Cole's attention to the silk, and asked about it, that the conversation then was between you and Tunn? A. Between all three-sometimes one spoke, and sometimes the other—Cole held conversation as well as the other—he did not deny anything that Tunn said—I made them prisoners in the
public-house—I asked them nearly all these questions when I had them in charge, in the cab—I think it is my duty to ask questions—I have never had instructions from any authorities in London to question prisoners after I have got them in charge.
JOSEPH HUGGETT (City-detective). I have heard Funnell's statement up to the time the prisoners were brought to the station—I believe it is correct—when they were brought to the station, I asked them whether they could give me any information about the person from whom they bought the silk—Tunn said, "A few weeks back we met a man, dressed as a porter, in Cannon-street; he asked us if we were buyers of hair nets, as he could get some cheap; we told him we were, provided they were cheap; we gave him our address in Bread-street-hill, and the next morning he called and brought us a piece of black silk; I asked him if he had got any nets; he said not then, bat we should have some; we bought that piece of silk; two or three mornings afterwards the same man called, and brought two pieces of silk; I still kept asking him about the nets, and he said we should have some; altogether we bought six or seven pieces of silk of him, which we afterwards give to Hutley, and he disposed of them; we were to give him a shilling a yard all round"—when the charge was read over to them, the name of Messrs. Leaf was mentioned in it, and they both said, "We did not know it came from Mr. Leaf"—I afterwards went to No. 2, Bread-street-hill, which might be about 300 yards from Leaf's warehouse—there was no appearance of business going on there; no fittings or furniture—the place was in a filthy, dirty state—no boxes with hair nets in them, or anything of that kind.
Cross-examined by MR. DICKIE. Q. Where did you see the prisoners first? A. In Crown-street, Finsbury—I then went to Gliek's in Long-alley, and saw Tunn come out of the shop—I afterwards received a message from Funnell that he wanted me, and when I got to the public-house, I found the two prisoners there, in his custody.
Cross-examined by MR. BESLEY. Q. Was there not a desk at this place in Bread-street-hill? A. No; nothing—I went there within an hour after their apprehension—they were arrested on Friday, 23d January—their names were not up on the door—it is a room on the first-floor, over a tailor's shop—I knew it was their room by the address they gave to me, and the key found on them opened the door of the room I went into—there were other rooms in the same house—it is let out in tenements—I did not try any of the other doors—there was no name up at all except the tailor's—it is a double shop—one is a tailor's, and the other a bootmaker's.
WILLIAM LIGHTFOOT HICKS . I am a buyer of silks at Messrs. Leaf's—I assisted in taking stock on 28th December—these pieces of silk before me were then in Messrs. Leafs stock—I identify them as having been there at that time—four out of the five have my mark upon them, which I place on all goods that I buy, in the corner of the silks—on one of them there is no mark, but just prior to our taking stock we sent these pieces of silk out to a man of the name of Sergeant, to have them put in fresh cases, and a day or two previous to the 28th they came back again into our stock, and I signed for them, and these are the only goods of this description that have this description of case on them—I am quite sure they are the goods—they still have those very cases upon them—this is a piece of a different decription—we have the same sort of silk in stock—I don't think any of it has been cut off—there is a mark on it, but not a mark by which we can identify it at all—the other pieces were missed on 20th January—the selling price
of one piece is 5s. 3d. a-yard, of two others, 3s. 11d., and another 4s. 2d.—the value of this one, which is not marked, is, as far as my judgment goes, 4s. 9d. a-yard—that is the piece where the mark has been cut off—the wholesale value of the silk altogether is rather over 80l.
Cross-examined by MR. DICKIE. Q. Had you known the prisoners? A. No, I had not—I had never seen them at our warehouse, to my knowledge—I do not know that they dealt with our house for hair nets—we have not missed any other goods except these, in my department—I only know my own department.
Cross-examined by MR. BESLEY. Q. Does not the value of silk vary very much? A. When there is a difference in the price of the raw silk, there is necessarily a great deal of difference in the price of the made silk—this is Spitalfields silk—goods of this description are a very small branch of the trade—it is perhaps the smallest branch of the silk trade that there is—it is not uncommon—it is as liable to fluctuation as every other—this silk may have been on our premises some time—the cases were dirty—the piece that is marked to sell at 5s. 3d. I gave 4s. 10d. for, and the one that is marked to sell at 3s. 11d. I gave 3s. 8d. for—I cannot tell you when I bought them—I do not mark the dates when I buy goods—it is a frequent occurrence in the trade that silks are sold in job lots—I never knew myself of people buying silks and pawning them—I never saw Cole before, to my knowledge—I am quite sure these silks were in stock on the Monday after Christmas-day—I don't know exactly what the date was—I am quite sure that the piece pawned on 1st January was in stock on 28th December—my department is in the further corner, the first branch of the house—these silks were kept in the actual corner of my department, in shelves, which are made for that purpose—they were kept tied up in brown paper—there are counters in front of the shelves—the goods are arranged in shelves—I can't say whether, if any one came there, they could abstract a piece of silk without my knowing it—I am often out in the day—there are hundreds of people in the establishment, I should think—I can hardly tell, it is so large.
MR. METCALFE. Q. With reference to that piece of 1st January, just look at that book? A. It is entered here as eighty-two yards, and as being in stock on the 28th—they are all entered in this book—the numbers which identify the particular piece are destroyed—it is on a ticket always, and the tickets have all been pulled off—my private mark is on the corner of the goods, corresponding with this entry.
BENJAMIN BURNETT HICKS . I am in the employment of Messrs. Leaf—I am not in the same department as the last witness—I have seen the prisoners in the establishment—I saw Tunn there in January, about a fortnight before they were taken—he came in to inquire whether we kept elastic for making skirt bands—I have seen him there on several occasions—several times recently—four or five times within the last two months—I have not seen Cole there very recently—I cannot say how long ago—he came to sell hair nets—I don't think I have ever seen them there together—mine is the haberdashery department—in order to come there, they would have to pass through the room where this silk was kept—that is the usual way.
Cross-examined by MR. DICKIE. Q. Do you know of any goods having been lost or stolen from Messrs. Leafs during this year? A. No; I think not—we missed half-a-dozen hair nets once, but whether they were stolen I don't know—I have known Tunn in the trade for about twelve months—it is usual for persons to offer small wares to us for sale.
Cross-examined by MR. BESLEY. Q. You say the usual way to come to your department is through the silk-room; I presume you allude to persons who are making purchases in other parts of your warehouse? A. No; persons who come in to sell—there is a shorter way, but they are not allowed to come that way—I cannot say which way Cole came in—I cannot tell you the month when he came—he has been on more than one occasion, but I cannot say when—I have seen him there within the last six months—I can't say whether I have seen him there since 28th December or not—I don't know the time at all—I have seen him there on several occasions.
MR. METCALFE. Q. In that other entrance you spoke of, the person would have to go through the packing-room, underground, or something of that sort? A. Yes.
FRANCIS HUTTON HARDING . I am in the employment of Messrs. Leaf—I saw Tunn pass up the warehouse about a fortnight previous to their being taken—I am in the silk-room—I have seen him go in the direction of the haberdashery department on several occasions, but have not seen him in there—I have never seen the other man, to my recollection.
Cross-examined by MR. DICKIE. Q. How long have you known Tunn? A. I don't know—I knew he was in the trade.
Cross-examined by MR. BESLEY. Q. Are you in the same department as Mr. William Hicks? A. No; our department is next to Mr. Hicks', another silk department—mine is at one corner, and Mr. Hicks' at the other.
Charles Davis, hair net maker, of Finsbury-pavement, gave Cole a good character. Both guilty on the Second Count.
MR. LEWIS, on the part of the prosecution, requested that the prisoners should not he sentenced then, as there was reason to believe that some one else was concerned in the stealing of the goods. Judgment Respited.
MR. COOPER conducted the Prosecution.
JOHN ADAM . I am a fruit broker, residing in Pudding-lane—I employed the prisoner during the day, and he was coachman to another Mr. Adam, whose brougham was kept at Mr. Soulter's—he drove Mr. Adam when he required him, in the morning and afternoon—he was employed in my ware-house as a porter—he had no right to take any goods out of my warehouse—I never gave him leave, at any time, to take these oranges, apples, forbidden fruit, or lemons—they were shown me by the policeman—there is a portion of them here—the others would not keep sound—the prisoner had a locker in my warehouse—he had no right to have anything of this kind in his locker—some were found on him by the officer, some in the brougham, and some in the locker—they are the same kind of things as I dealt in—we always have a quantity of these in our warehouse.
Cross-examined by MR. LILLEY. Q. About what quantity of oranges have you in your warehouse at one time? A. It differs—sometimes we have 10,000 boxes—the prisoner may be sometimes employed to sweep up the warehouse—he is a general porter—I have never sent him down to vessels that have arrived with cargoes of fruit from abroad—that was not his employment at all—we have different men for different purposes—he was confined to the warehouse—I dare say he has swept up the warehouse—he removed goods sometimes from one part of the warehouse to the other—he came there at about 10, or half-past 10, and left about 4—the other
Mr. Adam is a relation of mine—he knew the prisoner's father—I had not a character with him myself—we took him at the same time Mr. Adam wanted a man to drive him into town, and he asked me to employ him in the day time—he has been in my employment between four and six years—I don't exactly remember—we sell this fruit by the chest—oranges are about the usual price now—they are not very dear.
MR. COOPER. Q. He would not sweep up seventy-six oranges and ten apples altogether, would he? A. No.
WILLIAM BALDWIN (City-policeman, 537). About ten minutes past 12, on 17th January, I saw the prisoner coming from Pudding-lane—I followed him to Mr. Soulter's livery stables, in Hertford-street West—I saw him go up to Mr. Adam's brougham and empty his pockets—he was there about three or four minutes, and then returned to Mr. Adam's warehouse, in Pudding-lane—about ten minutes past 1, he returned from Pudding-lane to the livery-stables again—I followed him—I saw his pockets were very full—he went up to the brougham, and just as he had got his hands to put under the seat of the brougham, I touched his pocket, and said, "What have you got here?"—he said, "Nothing"—I said, "You have got something"—he said, "Well, it is a few nuts"—I said, "Do you know who I am?"—he said, "Yes"—I said, "I am a police-officer, and I must take you into custody for bringing those from Mr. Adam's warehouse"—he said, "Well, let us go up to Mr. Adam"—I said, "You must go into Pudding-lane"—he said, "No; the other Mr. Adam"—I then searched the brougham, and under the seat I found fifteen oranges, and under the mat, where the coachman's feet go, I found about three quarts of nuts—the warehouse is about 150 or 200 yards from where the brougham stood—I then took the prisoner back to the warehouse—he turned out his pockets there, and he had got about three quarts of Brazils and chesnuts, and five oranges—I said, "You have got a locker here, have you not?"—he said, "Yes"—I said, "Will you allow me the key of it?"—he said, "Yes," and gave it to me—I went there, and found seventy-six oranges, ten apples, one lemon, and two shaddocks, commonly called forbidden fruit—there was a carpet-bag there, but the fruit was loose in the locker.
Cross-examined. Q. You were out of uniform at the time? A. Yes—he gave me the key of the locker at once; took it out of his pocket at once.
The prisoner received a good character.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
BENJAMIN WILLIAM BAWTREE . I live at 47, Herbert-street, New North-road—on the evening of 18th January, I was on the steps of London-bridge, waiting for a bus, when I saw the prisoner—I went down with her as far as George-alley, Thames-street—I had not been with her a few minutes before I missed my watch out of my pocket—I said to her, "You have got my watch, and if you don't give it me up I will give you a night in the station-house"—two policeman saw me scuffling with her in George-alley, and they took her in custody—I walked to the station with her—I did not hear anything drop—the policeman picked up my watch—this is it (produced)—the bow of it is broken right off—the bow and ring were on when I had it in my pocket, before I met the prisoner—I did not hear the watch drop.
heard the watch drop, in Cloak-lane—when she moved on I saw the watch, and saw another officer, who was behind me, pick it up—this is the watch.
MICHAEL FOY (City-policeman, 433). I saw the prisoner on the night of the 18th—the prosecutor gave her into custody, and charged her with robbing him of his watch—I asked her to produce the watch, and she denied it—I told her we should take her to the station—she said the prosecutor had been in company with a female before her, and she must have taken it—on the way to the station, I saw her distinctly drop the watch in Cloak-lane, and I picked it up—this is it.
Prisoner's Defence. On the evening of the 18th, I bad been to a christening, and was in liquor, and quite insensible. I have not the slightest recollection of seeing the gentleman or his watch. I did not know anything about it till I was at the station-house. If I did conduct myself in such a way, I am very sorry for it.
The prisoner received a good character.
GUILTY .— Confined Four Months.
MR. SHARPE conducted the Prosecution.
THOMAS MANSELL . I live at West Bromwich, Staffordshire—I am in the employment of Mr. Waterhouse, and have been working at the Equitable Gas Company—on 7th August, I saw the prisoner at the Pimlico Gas Works—he gave me this bill, and said he wanted 5l. 15s. of me, for delivering the goods—I paid him the 5l. 15s., and he signed this receipt in my presence.
JOHN THOMAS . I am a clerk in the service of the Midland Railway Company at their office at the Castle and Falcon, Alderagate-street—the prisoner has been in their employment for about two years as a canvasser for orders—he occasionally collected money for the company—in July last an account was owing from the Equitable Gas Company—I made out this invoice, and gave it to the prisoner to collect the money—it was his duty to pay it over to me at once, on receiving it—he has never accounted for it—I spoke to him about it, and in the first instance, he said the foreman of the works was down at Brighton, doing some work there, and he could not see him—I told him to call again—he represented that he had done so on another occasion, and then said they objected to the charge; that the rate was too high—I asked him several times about it, and he always denied having received the money.
HENRY RALPH . I am manager of the office of the Midland Railway Company, at the Castle and Falcon—the prisoner was in their employment—I spoke to him about this account, and he said, in the first instance, that the foreman was at Brighton, and in another that the rate was too high—he has never paid the money to me—he was discharged on 19th November last.
Prisoner's Defence. I either had my pocket picked of the money or else I lost it. I did not like to mention it to Mr. Ralph, because I thought I would re-place it. It is my first offence. I have a wife and six children.
GUILTY .—Recommended to mercy by the Jury on account of his previous good character. Confined Eight Months.
GEORGE PALMER . I am a mason, of 26, Milk-street—on the night of 13th January, I went home about 6, and found the outer door shut, which was usually left open—I rang the bell, and when I got in I missed a cloak of my wife's—my wife went and searched for it—she came and told me something, and I afterwards saw it on the stairs, near the outer door, and near the water-closet—I picked it up and took it back, up three pair of stairs, where it was taken from—I afterwards gave it to the policeman—I saw the prisoner when I found the cloak—it was lying close by her side—I said to her, "You have something there that don't belong to you"—she said, "No, I have not"—she works in the house, but I had never seen her before.
Prisoner. Q. When you came to the top of the stairs after me, and said I was wanted, did I not go back with you? A. No, you never moved a peg—I did not see you have the cloak.
GEORGE PALMER Junior. I am the son of the last witness—in consequence of something that occurred, I watched the water-closet, and saw the prisoner and another woman go in—the other woman was a hand who works there—the cloak was in there before they went in; when they came out, I looked in, and the cloak was gone—I told my father, and he stopped on the stairs—the other woman went back into the work-room, and the prisoner went down stairs—my father went up to her and stopped her—I afterwards saw the cloak, after she had dropped it—I did not see her drop it—I saw it on the floor, at her feet—the other woman was four flights of stairs up—it could not have been thrown down.
Prisoner. Q. Why did you not stop me at first? A. Because there were two of you—I told my father to stop you—the cloak was not thrown down stairs while you were at the bottom of the stairs; there was no one there to throw it down.
COURT. Q. You say when they went down stairs, you went into the water-closet? A. Yes, of course both the women were out of my sight at that time.
NOT GUILTY .
MR. COLLINS conducted the Prosecution.
Prisoner. Q. Did I call the following week for orders? A. You did.
GEORGE WILLIAM HENRY DRAY . I am a wholesale stationer, at 27a, Bread-street-hill—the prisoner was in my employment for about three weeks, as traveller—he has never paid me the three sums in question—it was his duty to pay as soon as he received—he left me without notice.
Prisoner. Q. Was I not at the warehouse on the Saturday preceding this prosecution? A. I believe you were, for a few minutes—I believe you
entered four or five orders, in the order-book, that day—you were apprehended on the Tuesday morning—I left you to arrange what terms you thought proper with the customers; a month's credit and 2 1/2 discount, or three months—the goods, in question, were sold in January—sometimes you sold for cash—I believe Mr. Lambert's was a cash transaction—my porter told me that you were in the warehouse, on the 24th, and that he had persuaded you to stop, but you would not.
COURT. Q. Was there any fixed time for him to account? A. I told him he was to make his appearance once a day—I believe I told him not to receive money at all; if he did receive it, he should pay it to me.
Prisoner's Defence. All the amounts were received within one week; there was no time specified for me to be at the warehouse. I went there with the money on the Saturday; neither Mr. Dray nor his clerk were there to receive it. I intended to return again, but met a friend, which made me too late to return. On the Monday I was indisposed, and on the Tuesday morning, Mr. Dray sent a detective to drag me out of bed at 7 o'clock.
NOT GUILTY .
EDWARD MEAYERS . I am manager to Mr. Shipton, a hatter, of 37, Edgware-road—on 21st January, the prisoner called upon me, and owing Mr. Dray an amount, I said I would pay him—I did so, and he gave me this receipt (read); "To Mr. Shipton, bought of Geo. Wm. Dray, wholesale stationer, &c., 1,000 cap bags, printed to pattern, allowed 1s. discount, received 13s., for G. W. Dray, Edward Clarke."
Prisoner. Q. What does the discount amount to? A. There were fifty bags short; part of the shilling was for discount, and part for the short number of bags.
GEORGE WILLIAM HENRY DRAY . I am a wholesale stationer—the prisoner was in my employment as a traveller, for about three weeks—he then absented himself five or six days—I told him it was his duty to be at my warehouse once a day—I have not received the money in this bill of Mr. Shipton's—I am out on Saturdays—I should think the prisoner knew that, because he had to wait once or twice on the previous Saturdays.
JURY. Q. How was he paid his wages, weekly? A. On Saturday—his wages were due on this Saturday—he did not receive them.
Prisoner's Defence. This case I cannot understand at all; the whole amount is only 3l. 7s. 9d., and I ask whether it is likely that I should lose my home, and leave my wife and children, and I expect another one, this very week, and make a thief of myself for 3l. 7s. 9d.? I had the money in my hand, to pay it on the Saturday to Mr. Dray or his clerk, if they had been there.
NOT GUILTY .
MR. PATER conducted the Prosecution.
EDWARD HOLLAND . I carry on a millinery and artificial flower business, at 47, Boston-street—on 10th June last, I employed the prisoner to come with me into the city to pull a barrow, consisting of boxes filled with millinery, to the value of about 20l.—about 2 o'clock, we stopped in St. Andrew's-hill to have some dinner—I had occasion to leave him with the barrow for about ten minutes, and when I returned, he and the barrow were
gone, together with the dog that was with him—I saw no more of him for six months—I found him in Petticoat-lane last Sunday week—I found some of my hats at Mr. Turley's, some caps at Mr. Wolfe's, and my boxes and strap oil a traveller's barrow—the dog came back to me two days afterwards; the barrow was found about 1 o'clock the same morning, in the Hackney-road.
COURT. Q. Did you know the prisoner before? A. I knew him about twelve months before—I know him by sight perfectly well—I have no doubt about his being the person.
BRIDGET TURLEY . I am a widow, and live at 123, Cock-hill, Ratcliff—I have bought goods of the prisoner at different times—I bought these caps, two babies hats, and some artificial flowers of him, about the time in question.
CLARA WOLFE . I am a milliner in Back-road, St. George's-in-the-East—I bought three dress caps of the prisoner in the middle of last month—I paid him 1s. 6d. each for them—I did not know him before—he came with a box full; I thought he was a traveller—the prosecutor afterwards identified them.
Prisoner's Defence. I can call my father, who can prove that I was at work in the country at the time.
JOHN MOIR . The prisoner is my son—I know that he was at work with me at Reigate, for Mr. Carruther's, the whole of the week, including the 10th June, on which he is charged with this robbery—the 10th June was Whit-Tuesday—on Friday last, when the prisoner was committed, I wrote off to Mr. Carruther's, and here is a copy of the letter—I knew of his being taken into custody; I was with him at the time—I went before the Magistrate; but the date was not positively stated till last Friday, and it did not occur to my mind—it is only by its being Whitsun-week, that I can so positively speak to it; my wife's mother and sister-in-law were coming down on Whit-Sunday, to spend the day with us—I went to work with him it half-past 5 on Monday, and was with him till between 1 and 2—it was a pouring wet day; he took his dinner with him—I went borne to dinner, expecting the visitors from London, but they did not come, and I did not go back to work that afternoon—the prisoner came home at a quarter to 6—there were some rural sports going on at the Black Lion, at Reigateheath, and he went there, and came home at half-past 9—on Tuesday we went to work again at 6 in the morning—we arrived at the house belonging to Mr. Proctor, and worked there till about 9 o'clock; from there he went to Mr. Paul's, on Reigate-hill, and worked till the end of the week, 14th June last.
Cross-examined by MR. PATER. A. Have you ever said to the policeman 513, that you were not at work with your son, that you did not know when he was, or anything about him? A. Certainly not, at anytime—I am a painter—I have a job of my own now—I work wherever I can get it—from last June twelvemonth till 9th August, I was at work for Mr. Carruthers, of Reigate—I am now at 17, Green-street, Bethnal-green—I left Reigate on 3d November last—I was last at Reigate last June twelvemonth; that would be 1861—my family were, part of that time, in London, and part at Reigate—I have four boys—they were partly in London and party in Reigate during that time; my wife vas at Reigate—the prisoner is my eldest son; he is eighteen—I state most solemnly that I never stated to the policeman that I was not at work with my son, and that I did not know where he was at this period.
EDWARD HOLLAND (re-examined.) This happened on a Tuesday—I know it was the 10th June, for the market was on the Wednesday—I have books by which I can tell; where I sold goods that day—the prisoner told me that day that his father was at Reigate, and said he had nothing to eat for three days; and I said, "I will give you plenty to-day"—I was not bound to give him anything, but 1s. 6d. for his time—I had known him for twelve months; it appears that he lived in the neighbourhood where I lived—I was trying to find him, but could not anywhere, till I saw him in Petticoat-lane. GUILTY .— Confined Twelve Months.
NEW COURT.—Tuesday, February 3rd, 1863.
Before Mr. Common Serjeant
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .†— Confined Twelve Months.
MESSRS. CRAWFORD and WILLIAMS conducted the Prosecution.
GEORGE COOK . I live with my parents at 24, Willow-street, Finsbury—on 20th January, about half-past 10 at night, I was in Willow-street, and the prisoner came up and said, "Little boy, will you go for my errand?"—I said, "No, sir"—he said, "I will give you a halfpenny if you will go," and I went—he gave me a bottle, and some money wrapped in paper, and told me to go to the Griffin, and fetch him half a quartern of gin—I went there and gave the paper as it was, and Mr. Smith wrapped up the change in the same paper—I went back to the prisoner, and as he stooped down to take it, he saw Mr. Smith coming, and walked away—I said, "Here is your gin, sir"—he said, "I do not want it"—I went home to my mother, and the prisoner was afterwards brought to me—I knew him directly.
FANNY TYLER . I was staying on a visit to Mr. Smith, who keeps the Griffin, 9, Great Leonard-street, Shoreditch—I served the boy—he brought a bottle, and a half-crown, wrapped up in paper, and asked for half a quartern of gin—I thought it was bad, and handed it to Mr. Smith, and in consequence of what he said to me, I wrapped the change up in the same paper—the boy left, and Mr. Smith followed him immediately.
JAMES JOHNSON SMITH . I am the landlord of the Griffin—on the evening of 22d January, the last witness gave me a half-crown, wrapped in paper, and I saw her give the boy the gin and the change—I went out after him, saw him cross the road and go to the prisoner, who was standing as if in the act of taking them from him—I crossed over after him; he appeared
to see me, and walked quickly away—the boy called out, "Here is your gin," upon which the prisoner ran as hard as he could—I went after him—he first walked, then trotted, and then ran as hard as he could—I overtook him, and charged him with sending the boy in with a bad half crown—he said that he did not, and I gave him in charge, with the half crown.
JOHN SMITH (79 G.) I took the prisoner—I was standing at the corner of a street, and he ran close to me—I received this bad half-crown from Mr. Smith—I searched the prisoner, and found a bunch of keys and some half-pence; but no bad money.
WILLIAM WEBSTER. This is a bad half-crown.
Prisoners Defence. I work at 8, Crooked-lane, Cannon-street, Mr. Eaton's I left there about 10 o'clock. I was going home down Willow-street, when Mr. Smith ran out; he pointed over to me, and said to a little boy, "Is that him?" The boy said, "Yes." I did not run, I walked towards home, and Mr. Smith walked after me. When I saw the prosecutor, I stopped to see what Mr. Smith was running for. I have a good character.
GUILTY .— Confined Nine Month.
PLEADED GUILTY to the Third Count, and MR. SERJEANT BALLANTINE stated that the Prosecutor had been remunerate. To enter into his own recognizances in 500l., to keep the peace towards the prosecutor, and to appear and receive judgment when called upon.
MR. PATER conducted the Prosecution.
ROBERT GUY. I keep a private boarding-house in Fish-street Hill—on 9th January I was talking with two gentlemen in the first-floor sitting room—the door was partly open, and I saw some one steal cautiously by—I went into the kitchen on my toes, knowing that the servants were up stairs, and found the prisoner there—(the kitchen is on the same floor as the sitting-room)—the prisoner had two of my coats, which he was rolling up, and a shirt, which he had taken from a basket of clean linen, and was in the act of taking another—this coat (produced) is mine—I asked him what he was doing—he would not give me a straightforward answer, so I gave him in custody.
Prisoner. I was just coming out of the room, and he rushed up to me caught me by the collar, and said that I was going to steal the coat. Witness. You had taken them from the other end of the kitchen.
THOMAS GEORGE MILPORD (City-policeman, 580). I took the prisoner in Mr. Guy's kitchen—he said that he came there to see if he had some captains of vessels wanting to go to sea, as he was aware they used to lodge there.
Prisoners Defence. The prosecutor gave me in charge before he knew what I came there for. I was not wrapping the coats up. I was just coming out of the room, when the prosecutor said that I wanted to steal the coats.
PLEADED GUILTY.**— Five Years' Penal Servitude.
PLEADED GUILTY .
MR. ORRIDGE conducted the Prosecution.
HENRY LUCKING . I live at 2, Fleet-lane, and am a carman—on Friday night, 9th January, about twenty minutes to 8 o'clock, I was passing down Bride-lane, and I thought I saw some persons get over the churchyard railings—I walked through Bride-passage out into Salisbury-court, lit my pipe, and walked round Salisbury-square and back again; and, as the clock was striking 8, I saw the prisoners come over the railings—I stopped M'Cave, who came over second, but Cook called him in the other direction, and they ran away—M'Cave turned to the left towards Ludgate-hill—I followed him into a court, where I took him—I saw his face distinctly; he is the man.
Cook. It is false; I was not there—he said that he knew me by my jacket and trousers: if I had had a black jacket on he would not have known me. Witness. I described your face and dress at the station—I can swear positively to your countenance—it was nearly three weeks before I saw you again.
WILLIAM YOUNG . I am fire-engine keeper at St. Bride's, and live at 5, Parsons-court, Bride-lane—about half-past 8 o'clock that evening I examined the vaults and the churchyard, and found nothing amiss—I made a second examination, and found that the lead had been taken away from the roof of the entrance to a vault on the south side—Lucking and I afterwards went to the churchyard and found the lead, some in a bag and some out—it was laid down again by a plumber next day, and fitted perfectly.
JOHN WHITE (City-policeman, 353). On 29th January I apprehended Cook, and charged him with being concerned with M'Cabe, who was in custody, for stealing lead from St. Bride's Church on 9th January—he said, "You have made a mistake this time, governor."
Cook's Defence. I am innocent. If I get anything done to me it will be innocently. This prisoner knows I am innocent of it.
Dell, a Thames Police-officer, stated that both prisoners had been repeatedly convicted. Three Years' each in Penal Servitude.
PLEADED GUILTY .
And his father stated that he had been induced by an actress, to leave his service, and run away to New York.
Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
ROBERT PETSON WARWICK . I am an essential oil merchant, of 3, Garlic-hill, City—on 17th December, this document (produced) was brought to me by my clerk, filled up as it is now—I went and spoke to the youth who bought the order (it was not the prisoner), and then directed the goods to be handed to him, believing that it was a genuine order from Mr. Stunt, whose orders, on similar bill.
ads, I have frequently executed for some time part.
Borough—this order is on one of his printed forms—it is not filled up by me—he deals with Mr. Warwick—I gave no order or authority for these goods, and never received them—this is not the writing of any person in the house—I only know the prisoner by his occasionally coming to offer goods for sale to me, as a traveller, and I occasionally gave him an order—I had not missed any bill-heads, but I had received two invoices which had not gone out by my authority, and therefore I marked some bill-heads, which were kept on a desk in the counting-house—the prisoner came to that desk when he came to sell me goods—this invoice is one of the marked ones—I marked it on the 15th or 16th December, and the prisoner came there between the 15th and 17th, and had an opportunity of taking bill-heads from the desk—I have seen him write on several occasions, and believe this writing to be his.
Prisoner. Q. Will you swear that is my writing.? A. No; but that is my belief—I do not know of my own knowledge that you were there after I marked them, because I was not there—I did not see you—I was only told so by somebody else.
Prisoner. Q. Will you swear it? A. I did not see you write it, but I have seen you write in my house, and I said before the Lord Mayor that I have seen you write in Mr. Frith the wine merchant's office—Mr. Frith has turned me out of his house for mentioning his name—he did not say that it was a shame of me to give evidence against you when he could charge me with robbery; if you wish me to open my mouth I will—he said that he should lay my conduct before Mr. Harvey, the Commissioner of Police, if I did not get out of his house—he was angry because I mentioned his name, as yon are a companion of his two sons.
SEPTIMUS STUNT . This order is not in my writing, or written by my authority—I saw the prisoner there between the day that the papers were marked and the 17th, but cannot say what day it was—he was in the shop, and could take them down.
Prisoner. Q. Were you not there when I was there? A. Yes, but not from the time you came to the time you left; I was called up stairs.
THOMAS BROWN . I am warehouseman to Messrs. Hill, of Jewry-street, Aldgate, wholesale confectioners—on 17th September, this order was brought to me for two quarts of essence of lemon, which I gave to the lad who brought the order, believing the order to be genuine—Mr. Stunt has been a customer of mine for many years—this order of the 24th (produced was also brought by a different lad to whom I gave the articles, which were worth 3l.
GEORGE LANYON . I am warehouseman to James Rendle and other, spice merchants, of 33, Eastcheap—I received this order (produced) of 3rd December for 84 lbs. weight of nutmegs, value 74l. 18s.—I delivered the goods believing it was a genuine order of Mr. Stunt, a customer of our's—it was not to the prisoner.
Prisoner's Defence. I only wish to ask the Jury whether they can convict me, when neither of the witnesses can swear that it is my writing? it is proved that the goods were not delivered to me, and I did not receive them.
NOT GUILTY .
NOT GUILTY .
PLEADED GUILTY .
The officers stated that Terry had been convicted of attempting to pick pockets at the Great Northern Railway; that Palmer had been discharged from a Reformatory within the last three months, where he had been confined for picking pockets; that they were both connected with a gang of young thieves, two of their companions being in prison now Three Years' Penal Servitude ,
318. THOMAS LEONARD (22), and WILLIAM SPENCER (21) , Burglariously breaking and entering the dwelling-house of John Rowland, and stealing therein 12 knives, and other articles, his property, having both been before convicted.
LEONARD.— PLEADED GUILTY ; and the officer stated that he had been convicted fifteen times.— Ten Years' Penal Servitude.
SPENCER.— PLEADED GUILTY to the burglary, but not to the former conviction.
JOSEPH LAMBERT (Policeman, 12 E). I produce a certificate (Read: " Arthur Spencer , convicted at Marlborough-street Police-court, November 4th, 1862,of stealing 2books; imprisoned "two months,") I had him in custody; Spencer is the other person—he was then called Arthur—he only came out of prison in the morning, and this burglary was committed at night.
SPENCER—GUILTY.— Four Years' Penal Servitude.
WILLIAM SEARES . I am a tobacconist of 3, Lower-terrace, Lower-road, Islington—on 8th February, about 11 at night, I was at the Blakeneys Head public-house, near Islington turnpike—the prisoner was there—I knew him well by sight, but I had never spoken to him—I treated him with some drink, and he went out with me down the Lower-road—I saw some one following us—we went into Mr. Silcox's public-house, at the corner of church-passage, a quarter of a mile off—I cannot be certain whether the person who followed us came in, but a person who was with the prisoner drank with us—I treated them, and then the prisoner took my arm, saying that he would see me home, and went out with me—there are two steps, and the moment I was off the second step, I was seized behind, and my arms pinioned, and the prisoner came in front of me, took my watch, and gave it a twist—I told him I knew him very well, and could apprehend him at any time—they ran away up Church-passage—I cannot say whether the man who pinioned my arms was the man who had been drinking with us—I gave information of the robbery—I have not got my watch back.
Cross-examined by MR. RIBTON. Q. How many public-houses had you been to? A. I bad been to Spring Head, and went to see a friend who
keeps the Blue-eyed Maid, in the Borough, and had tea with him, and a little grog besides—that was a little after 7—I was not drinking with the prisoner for the four hours between 7 and 11—we were sitting in the parlour conversing—a little gin and water was put on the table in decanters, but I took very little—I was not sober at 11 o'clock; I had been drinking rather freely—I did not see double; I could walk steadily—I felt about the same as I do now—I am perfectly sober now—there were seven or eight people at Mr. Silcox's—I did not treat them all; I treated the prisoner at the Blakeney's Head, but I did not drink with him—I did not drink with him at Silcox's, but I drank by myself—I had brought a message for Mr. Silcox from Dartford; that is the reason I went there, and I treated the prisoner and his friend to some stout, I believe, it was—I cannot answer for who drank it—the prisoner was not assisting me off the steps, nor did I require assistance; he took me by the arm, but I perfectly well knew what I was about—the police came about two minutes afterwards—it was a silver lever watch.
MR. GENT. Q. Whom were you carrying the message to? A. To Mr. Silcox, from a friend at Dartford, but he did not return till nearly half-past 1—the prisoner said several times before I left, "I will see you home;" and I did not object to his walking with me.
WILLIAM SILCOX . I live with my father, who keeps the King's Head public-house, Lower-road, Islington—on 8th January, about a quarter or twenty minutes past. 12 at night, Mr. Seares came in with the prisoner—no one else came in with them, but I afterwards saw another man drinking with the prisoner—Mr. Seares was not quite tipsy—he was quite sober enough to know what he was about.
Cross-examined. Q. Was he a little gone? A. Yes; he did not treat everybody, he only treated the prisoner and his friend—he showed it in this way; he called for a glass of wine, and put down a shilling on the counter, my mother drew it and put down 9d., which the prisoner picked up, and put 3d. In the prosecutor's hand, and slid the 6d. On the counter saying, "You have left the 6d. On the edge of the counter"—the prosecutor could count, and he walked steadily, but he walked about the bar a little excited—I cannot say how much he had to drink there, as I was not there all the time—he had some brandy and water, and the prisoner had several glasses of wine.
COURT. Q. Did Seares deliver any message to you for your father? A. To my mother, but not in my hearing—I do not know whether he delivered it—he waited till my father came home—I did not see him leave.
WILLIAM PEARCE (Policeman, N 300). On the night of the 8th, or the morning of 9th January, about half-past 1 o'clock—the prosecutor came across to me, and complained of being robbed—he appeared to have been drinking, but could walk quite well—he went with me to the station, and gave a description of the man.
Cross-examined. Q. What made you think he had been drinking? A. Because he had a red face, and by the manner in which he talked—he did not speak thick.
WILLIAM NEWBOLD . (Policeman, N 151). On the day after this robbery I sent the prosecutor into the Half Moon public—house—I went in afterwards and saw seven or eight men—he pointed the prisoner out as the man who had stolen his watch—I took him, and told him the charge—he said that he knew nothing about it.
GUILTY .—He was further charged with having been before convicted of felony at Clerkenwell, in January, 1854; to which he
PLEADED GUILTY. **†— Five Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
JOHN STIMPSON (Policeman, K 21). On the morning of 23d January, about 9 o'clock, I examined the prosecutor's premises, and found the shutter-bars sprung, and a pane of glass broken—on the same day I found two odd boots, pawned at Mr. Wood's, and from the description I had received from the prosecutor, I fetched him, and he identified them—I saw the prisoner on the 8th at King David—lane station, and asked him how long he had had the pawn ticket—he said, "About a fortnight"—I asked him where he got it—he said that he bought it of a man dressed like a sailor—I asked where he lived—he said, "Charles-street, Drury—lane"—I asked him the number, as I should have to go there—he said, "It is no use telling a lie, I have no fixed abode; sometimes one place and sometimes another."
FREDERICK STARLING . I live at 5, Waterloo-terrace, Commercial-road, Ratcliff—on the night of 1st January, my shop was broken into, and some boots were stolen—from a noise which was heard, and which we conjectured was the wind, I believe it was about 4 in the morning—I found the shutters shifted one over the other—these two boots (produced) are part of my stock—I missed six pairs and two odd ones, worth between 4l. and 5l.—I had fastened the shop the night before—the shutter was all right when I went to bed.
GEORGE WOOD . I am in the service of my father, George Frederick Wood, a pawnbroker, of 90, St. George's street—these boots were pawned there on 2d January, by a woman, in the name of Ann Rogers—on 8th January the prisoner came there with the duplicate, and asked to release them—I sent for a constable and gave him in custody—he said that he bought the ticket of a sailor.
GEORGE MARTIN (Policeman, K 441). On 2d January, about 4 in the morning, I saw the prisoner standing two doors from the prosecutor's shop—it was raining very hard—I saw him again about ten minutes afterwards, about fifty yards from the house, still under shelter—I heard of the robbery on the morning of the 3d, at eight o'clock, and on the 9th I saw the prisoner in custody.
NOT GUILTY .
HENRY LEWIS CAESAR LANGRISH . I am a clothier, of 28, St. John-street, Clerkenwell—on Tuesday, 28th January, about 1 o'clock in the night, I was passing along Golden—lane, and the prisoner stepped out from a dark doorway, and hit me a violent blow on the side of my head with his fist, which knocked me down—he kicked me on my hips, knelt on my stomach, unbuttoned my coat, or rather tore the buttons off, and pulled it open—we struggled together—I got him by the collar and pulled him over me, which baffled his intention—I got up, and found three men and two women surrounding me—I cried out, "Police!"—a constable came up, and the prisoner ran away—we chased him through several courts into Golden-lane, crying out "Stop, him"—he was stopped by a constable, whose fingers he took hold of and wrenched them back, so that he has been under medical treatment
ever since—he then sprang at the constable who gave chose with me, caught him by the hair, and dragged him to the ground—I tried to extricate his grasp and he got hold of my hand, put it in his mouth, and bit me on the knuckles, so that I have the marks now—two more constables then came up, and he pretended to be drunk, and laid down, but suddenly he took hold of one of the constables by the legs, and tried to lift him and throw him over, but we caught him—the prisoner then got up and kicked and plunged about—it took four constables to take him to the station—the three women, whom I had seen in rising from the ground, then came to me and gave me a hit or two, but a sergeant and six constables came up and then the women ran away—the prisoner was very violent at the station.
Prisoner. I was running down the court, and knocked against him, being the worse for liquor. Witness. You were quite sober, but you said at the station that you should not have done it if you had not been in liquor—you took a deliberate aim, saying, "Hallo, old man;" and I was down before I was aware of it.
JAMES SANDILANDS . I heard a cry, ran and saw the prisoner kneeling on the prosecutor—as soon as he saw me he got up and ran away through several courts, I and the prosecutor after him—my brother constables caught him—I took the prisoner by the collar—he seized me by the hair, and dragged me to the ground—more officers came up, and we took him to the station—on the way there he was very violent indeed—he bit the prosecutor's hand, got away from us, and tried to throw me—the top button was off the prosecutor's coat—the prisoner gave a false address at the station—he would not give his name over night—nothing was found on him—I did not see the women as I was running.
GUILTY .— Three Years' Penal Servitude.
OLD COURT.—Wednesday, February 4th, 1863.
PRESENT—The Right Hon. the LORD MAYOR; Mr.JUSTICE WIGHTMAN; Mr. BARON CHANNELL; Mr. Ald. SIDNEY; Sir ROBERT WALTER CARDEN , Knt., Ald.; Mr. Ald. PHILLIPS; Mr. Ald. GIBBONS; and ROBERT MALCOLM KERR , Esq.—
Before Mr. Justice Wightman.
322. HERMAN STIFTER (24), and MARCUS STIFTER (19), were indicted for feloniously, and without lawful excuse, having in their custody and possession 2 stones, upon which were engraved parts of undertakings for the payment of money of a certain body corporate, constituted by a foreign state, viz., Poland. In a Second Count, the body corporate was described as recognized by the said foreign state; and other counts varied the manner of stating the charge.
MR. SERJEANT BALLANTTNE with MR. SLEIGH conducted the Prosecution.
ANDREW WHITE TEWER . I carry on the business of a lithographer and wholesale stationer, at 136, Minories, in partnership with Mr. Field—in the latter part of last year the prisoner Marcus called upon me—it was about two months ago: I can't say positively, it might be longer: it was about six weeks before I went to the Mansion House—he produced the two tickets which I have in my hand, and asked if I could manufacture tickets similar to those—I said I could—I asked what they were—he said they were tickets issued by private individuals over there—I surmised that he meant Poland, but
that was all he said—he then said that Poland was in a state of insurrection—that they were going to have a new King, and that was the reason that these tickets would be wanted—he said they were equal to our promissory notes used over here—he asked me the price for 5,000 and 1,000—I told him if he called again I would let him know—he said he would call again the next morning—I saw nothing further of him until Thursday, 11th December—he was then alone—he first produced ten slips of paper which I have here, and asked me if I could manufacture similar ones—I said I could, but I suspected that they were money—he asked me the price for doing 100 of etch sort, that would make 1,000—he said he had heard from his father with reference to the two former tickets, and they would not be wanted—I told him to call again next day—in the meantime I made a communication to the Russian authorities and the police—on the following day Marcus called again with a companion, not now in custody, ordered the tickets, 100 of each sort, and left 20s. deposit—he wanted them completed by the Tuesday—that would be the 16th—I said I would try to get them done by that time—he called on the Tuesday and wanted to know if the tickets were ready—I told him to call again on the Wednesday, which he did—he said he particularly wanted to have all the tickets delivered by Saturday, as his friend was going over on that day (I am reading from my notes taken at the time)—he impressed upon me very strongly the necessity of having the tickets done so that no one could tell them from the originals—on Thursday, December 18th, Marcus called again and I showed him the lithographic stone which is now before me—this is it with the body of the ticket upon it—on showing him the stone, he went to the door and called in the other prisoner, Herman; that was the first time I had seen him—the two examined the stone together—Marcus professed satisfaction, and introduced Herman as his friend who was going over on Saturday—Marcus asked me if I was willing to deal with Herman in stationery, and in return I should be favoured with a continuance of his orders for various tickets all the year round in very large quantities, provided they gave satisfaction—while they were looking at the stone they spoke to each other in a foreign language; I heard them, but could not make out what they said—I promised that the whole of the tickets should be done by 12 o'clock on Saturday—they then left—on the following morning about 11 o'clock I had visit from Marcus—he expressed dissatisfaction that the tickets were not completed, and said he would not have them at all, unless the whole of the order was completed that day, as his friend who was going over could not wait—I again showed him this lithographic stone—he promised to return at 4 that same day—he did so, and I showed him one of two specimens of the tickets—he wanted to take one away, but I retained it, and told him to call again at 5—he did so, and I gave into his hands fifty-two completed tickets—these (produced) are them—he took them away with him—I told him if he came on the following Monday he might have the remainder of them—this stone has impressed upon it the back and front of this ticket—that stone was lithographed by me, and the tickets printed from it, by Marcus's direction—this other stone has lithographed upon it the border of the ticket, that was also done by his direction.
Cross-examined by MR. METCALFE. Q. You never saw Herman until Thursday, the 18th? A. No—the other man, who is not in custody, I saw on Friday, 12th December—he came into the shop—I don't recollect his conversation—I can't say that he looked at the documents which I was doing; they talked together—I am not positive whether that man did not
call at the first visit of Marcus; it is my impression that he did—I first saw Herman on the 18th, and again on the 20th—the second set of tickets were first produced to me on Thursday, December 11th—I kept the first tickets and have produced them this morning.
SOPHIA CAMPBELL . I keep the Prince Rupert coffee-house, in Prince Rupert-street, Haymarket—I know the two prisoners—I first became acquainted with Marcus about three or four months ago; he used to come and have his meals at my house—at first he paid on every occasion, and after that he appeared to be in want of money—he told me on one occasion that he expected his father to fetch him home; that was not in relation to money—he afterwards said he had had a letter stating that his father was not coming, but that his brother was coming—I can't say when that was—I should think it was about a week before his brother came—on Thursday, 11th December, Marcus came about the middle of the day, and asked if he could have lodgings for himself and his brother—he said his brother had arrived the overnight—I said I should be glad to receive him—about half-past 5 the same day, the two prisoners came together—Marcus introduced his brother to me, and paid me a few shillings that he owed me—he did not say how he was enabled to do it—they remained there part of the evening, but went out to sleep; I had no bed for them that night—they returned next morning, and from that time they continued to lodge with me—Marcus said he and his brother were going home on the following Tuesday—they did not go then, and I asked Marcus when they thought of going—he said on the Thursday if their business was settled—on the Thursday or Friday I asked him again, and he said on Saturday, if their business in the city was settled—they went out about 10 or 11 o'clock on Saturday morning—they came back about the middle of the day, and went out again between 3 and 4—they did not return any more.
Cross-examined. Q. Herman does not speak English at all, does he? A. No; he did not—they were always about together, and seemed very affectionate—they were always together during the time they were at my house.
GEORGE SCOTT . I am a detective officer of the City—in consequence of information conveyed to me, I went on Thursday, 18th December, about 12 o'clock, into, the Minories, in the neighbourhood of Messrs. Tewer and Field's establishment—I was alone on that occasion—I saw the two prisoners coming down the Minories—Herman stopped in a doorway, three or four houses away from Mr. Tewer's shop, while Marcus went in—after a short time Marcus came out, beckoned to Herman, and they both went in together—I saw them in the shop looking at the lithographic stone; they remained there about ten minutes; they then came out together and went away—on the following Saturday, the 20th, I was in the Minories again, in company with Sergeant Brett, between 11 and 12 in the day—Marcus left Herman, who again went into a doorway, he going into Mr. Tewer's shop—he remained inside four or five minutes, then came out, and both went away together—about 4 o'clock the same day I and Brett were together, and saw the prisoners again come down the Minories—Marcus left Herman as before, and went into Mr. Tewer's shop, and Herman again went into the doorway, as he had done on the previous occasions—Marcus came out in a few minutes, joined the other, and they both went away together—about 5 o'clock the same afternoon I again saw them coming down the Minories together—I then went first into Mr. Tewer's shop—I had not been there above a minute or two, when Marcus came in—after some little conversation with Mr. Tewer, I saw Mr.
Tewer give him these pieces of paper—I heard Marcus say to Mr. Tewer that he was sorry he had not got them all done, and he would take what was done—there was a great deal said between them that I could not hear through carts passing along the street, and not being close enough, but that was what he said in going out—when he left the shop I went after him—I saw him join Herman; they walked together about 100 yards up the Minories, and I went to a window where there was a strong gaslight—Marcus gave the papers to Herman, and Herman was in the act of examining them close to the window, when I went up, took them out of his hand, and took him into custody—I said, "What have you got there?"—he did not make me any answer—I said, u Where did you get them from?"—he still made no answer—I then turned to Marcus, and said, "Can he speak English?"—Marcus said, "No"—I said, "Where did you get these papers; what are they?"—Marcus said, "Me? I know nothing about them"—I said, "Ask him where he got them from?" pointing to Herman—he said something to Herman, who made some reply, which I did not understand, and then Marcos told me that Herman said he got them from a printer's—I then told him that we were officers, and must take them to the police—station, which we did, and searched them—Brett searched Herman—5l. 10s. in money was found on Marcus.
Cross-examined. Q. Have yon seen a number of documents that were produced, and have you made inquiries into the character of the prisoner Herman? A. No; I have made no inquiry, only where he lodged—I am not at all in a position to say what the character of Herman is.
JAMES BRETT . When Scott was inside the shop at 5 on the Saturday evening, Marcus went to the shop and saw them printing these pieces of paper in the window—there was gas burning in the cellar, which is the workshop of Mr. Tewer, and the men were printing these things, which any person could see from the outside; I saw them printing—Marcus came up and saw it also; he then ran and fetched Herman to come and look, and they stood and looked at them for some minutes—I searched Herman, and found on him a pocket-book, containing some pieces of paper similar to those first produced, also two passports in different names.
Cross-examined. Q. Do you know at all what the character of Herman is? A. I do not—I have not made inquiries.
KILIAN SLIWOWSKI (through an interpreter). I am Chief of the cheque department of the Supreme Direction of the Polish Landowners' Association—the notes of that body circulate through Poland, under the sanction of the Imperial Government—this (found on Herman) is a genuine coupon—these other papers are promissory notes of a private commercial house—they pass as money in the district—these papers found in Herman's hand, are all forgeries; they purport to be warrants for the payment of half—yearly interest on the bonds of the association—these coupons are circulated by the association—they purport to be coupons issued by the Polish Landowners' Association, similar to the first that I looked at—the two tickets first left with Mr. Tewer I believe to be genuine promises to pay, but I can't speak positively; they are promissory notes of a private house, in order to facilitate business.
Cross-examined. Q. Does one of these coupons represent the value of about 9s. in our money? A. About 9s. 6d.—they do not all represent the same sum; they are of different values—the value of the coupon found on Herman is 9s. 6d.
MR. TEWER (re-examined). Ten coupons were originally given to me—these are they.
MR. JUSTICE WIGHTMAN called upon the counsel for the prosecution to elect upon which count they relied. MR. SERJEANT BALLANTINE elected to proceed upon the second count.
Benjamin Henry Asher, minister of the Jewish Synagogue, deposed to the respectability of the prisoners and their connexions.
HERMAN STIFTER, GUILTY
MARCUS STIFTER, GUILTY on second count.
The Jury recommended Herman to mercy.— Judgment Respited.
MESSRS. GIFFARD and KAYE conducted the Prosecution.
THOMAS LEWIS . I am the son of Isaiah Lewis, an upholsterer, of 26, and 27, Elm-street, Finsbury—on 22d January last, between 12 and 4 o'clock the prisoner came to our shop and asked for an Arabian bedstead—I showed her some, one at 5l. and one at 2l. 18s.; she eventually bought the cheapest of the two, and paid for it with what I supposed to be a 10l. Bank of England note—this is it (produced)—it has on it a stamped endorsement of "Miller and Son, Piccadilly," and some other endorsements, and my own name; I put that on it when she gave it me—I wished her to pay for the bedstead when it was sent home—she said she knew it was our custom not to leave the goods without the money, and she would rather pay for it at the time she bought it—I said I had not change in the house, and asked her to sit down while I sent for it, which she did—I sent Reed, our shopman, out with the note to be changed—the prisoner came into the counting—house to give her address, where I was to send the bedstead—I took it down—it was "Mrs. Beaumont, 1, Wellington—place, Britannia—street, City—road"—when Reed returned with the change, he handed me the 2l. 18s. and the prisoner 7l. 2s.—I gave her a receipt—this is it (produced)—she took it away with her—we paid the note away the same night—it was afterwards returned to us marked "forged"—I subsequently identified the prisoner as the woman who gave me the note.
Cross-examined by MR. DALEY. Q. You found this receipt at Mrs. Tarrant's, did you not? A. No; Inspector Brickwell brought it to us—I believe it was found at Mrs. Beaumont's—I should say it was nearer 12 than 4 when the prisoner came; I cannot say exactly the time; it was in the middle of the day—she had a bonnet on and a dark veil—she did not raise her veil—I had never seen her before—several of our men were in the shop—when I saw her at the House of Detention there were others in the place—she came out, and as she came up the staircase I identified her at once—she came out alone—she was called out by somebody, I believe by the warder—I sign all the notes I take at my father's shop—that was the only note I had taken that day—I did not take the number of it—I had, no doubt, taken other 10l. notes in that week—I saw this note again about four days afterwards, and saw my name on it—I knew it by that, and by the other endorsements on the back—I did not make an entry of the note—I recollect it very well—we never take the numbers of notes—I generally look at the backs of notes—if this had been a new one perhaps I should have hesitated in taking it, but seeing other endorsements upon it, I thought it had been in circulation—no doubt I had signed other notes that week—I mentioned to our shopman that I knew the note by these endorsements.
MR. KAYE Q. Did you serve the prisoner with the bedstead? A. Yes—we were some time talking about it—I had an opportunity of recognising her—I could see her face through the veil.
WILLIAM REED . I am assistant to Mr. Lewis—I recollect the prisoner coming to the shop on 2d January—I was in the shop—she addressed me first at the door—she said she required an Arabian bedstead—I handed her Over to Mr. Thomas Lewis, and he supplied her with one—she was in the shop, I should say, about a quarter of an hour; she eventually purchased a bedstead—I heard her give her address, "Beaumont, No. 1 or 2, Wellington-place, Britannia-street, City-road"—she paid the note to Mr. Lewis, and be said to me, "Go and get change for this"—I said, "Have you endorsed it?" and I saw him put "Thomas Lewis" on the note—I saw some initials or something of that sort on the note besides, but I did not take any particular notice of it—I went and got it changed—I gave the lady 7l. 2s., and Mr. Lewis 2l. 18s.—when I gave her the change, she was carrying a black bag or reticule, such as are used by ladies—she took a porte-monnaie out of that, and she made the observation as she passed it into the porte-monnaie, "It is very necessary to be careful in the streets of London"—I saw her again at the Worship-street, police-court, and recognised her the moment I saw her—she was then coming out of a doorway where they keep the prisoners—I don't know whether she came out alone—I did not hear her asked to put her name on the note—it is not the custom at our shop to ask parsons to endorse them—it is done at other places—I have seen my employer do to, bat he is one thing and his son another—I never saw the prisoner between the time of the purchase, and my seeing her at Worship-street—I was going to identify her, and the policeman said, "Come this way"—I said to him, "I have passed the woman"—he took me into an adjoining room where there were two more, and I said, "That is the woman"—I recognised her as I was going to be introduced to others—she was not in the dock, she was standing by the side of a doorway—Mr. Lewis was not with me at that time—the prisoner was standing in the court; I suppose she was in custody, I don't know whether she was brought in by mistake.
MR. KAYE. Q. When you said, "That is the woman," had she in any way been pointed out to you? A. Not at all—I can swear to her—I don't know that I should have noticed her so particularly, but for the observation she made about its being necessary to be careful in the streets of London; that drew my attention—I first passed her at the doorway in the court, and said that was the woman, and then afterwards I saw the same woman in a room, and identified her again.
JAMES LEWIS . On 5th January, I took an Arabian bedstead to Mrs. Beaumont's, 1, Wellington-place, Britannia-street, City-road, by the direction of my brother—I saw Mrs. Beaumont—she refused to take the bedstead in.
MART ANN BEAUMONT . I reside at 1, Wellington-place, Britannia-street, City-road—on 3d January, a letter was left at my house—I took it in; this is it; this is the envelope—it contained this letter and this receipt—on the Monday following, before 12 o'clock, a bedstead was brought to my house from Mr. Lewis's—I refused to take it in—I had not ordered it or paid for it—I do not know the prisoner—I had not authorised her or anybody to buy a bedstead for me.
of using our house in November and December last—on Sunday, 28th December, She came to me with a written order for some spirits, amounting to 8s.—this is it (produced)—it is signed by a person of the name of Tarrant—the prisoner handed it to me and said, "If you can change this, I will pay for it"—she gave me what I supposed to be a 10l. note—this is it (produced)—I know it by the name of "Miller and Son, Piccadilly," and "Coleman," written on it; one is printed and the other written—I noticed them at the time—I said to her, "If you will write your name, I will give you change"—she said she could not write, but she dare say the Missus would do it, and she took it away—I saw the note again, about a quarter of an hour after—it was brought by a woman, supposed to be Mrs. Tarrant—I had never seen her before—I asked her to put her name upon it—she asked for pen and ink, and wrote J. Tarrant on it—she said, "It is a very bad pen; but I suppose you don't have so much writing as I do"—I then changed the note——I paid her 9l. 12s.; deducting 8s. for a bottle of gin, a bottle of rum, and a gallon of the best ale, which had been previously ordered by the prisoner—I passed that note away in the course of business; it was subsequently returned to me as forged—I saw the prisoner in the house again the morning after I changed the note; but after that I did not see her till 13th January; that was against the Mile End-gate—I followed her some distance—when I got up to her she said, "Well, what are you going to do with me?"—I said, "Have you locked up"—she said, "For God's sake, don't do that; I don't know anything about it; I did not know it was a bad one; but I will tell you where they live"—she asked me not to give her in charge in the street—I said I would not if she would go to the station—house—she walked a little distance—I asked her if she knew where there was a police—station—she said no, she did not—I said, "I am sure I do not"—she went a short distance with me; then she stopped and said she would not go any further—I met a policeman and gave her into custody—as we went along, the man Tarrant came up to her, and tried to rescue her—I knew him before—I had seen him at my house with the prisoner.
Cross-examined. Q. Don't you know that Mr. and Mrs. Tarrant lived quite close to your house? A. I did not know that there was a Mrs. Tarrant—I knew that people of that name lived near—I did not know that the prisoner was their servant—she had not come to my house before on messages from them; never—when I asked the prisoner to put her name on the note, she said she could not write—she did not say she would go and fetch her mistress—she said, "I will take it back; I dare say the Missus will sign it;" she did say "my mistress"—the Tarrants lived at 36, Bedford-terrace—I have seen the prisoner go into that house—my wife was present when the note was passed—she is not here—when I have seen the prisoner she has had on a black dress—she did not wear a dark veil or a dark-coloured bonnet; I never saw her with a black bag.
JOSEPH HAYNES (Policeman, K 81). I took the prisoner into custody on Monday, 13th January—I met her in the street with Mr. Sutton—she refused to go—as we were going to the station, a man came up behind and tried to rescue her—he said, "Here, I want to speak to you"—I did not know that man before; I should know him again.
CHARLES COLLINS . I am chief clerk to Miller and Son, wax chandlers, 179, Piccadilly—the endorsements of Miller and Son, on the notes produced, are not the endorsements of our firm—I have never seen notes so endorsed—we usually take the names of the person from whom we receive the note, and write it on the back.
COURT to CORNELIUS SUTTON. Q. Did you not understand the order for the spirits to come from Mrs. Tarrant? A. No; it does not say "Mrs. Tarrant"—Tarrant was a customer of mine—the prisoner did not say whom it was from; whether from Mr. or Mrs. Tarrant—I don't think I said before the Magistrate that the prisoner came from Mrs. Tarrant—(looking at his deposition) I see it is so here, and it says, "Mrs. Tarrant returned with the note"—I did not know whether it was Mrs. Tarrant, only the potman said she lived there—I always thought the prisoner was Tarrant's wife.
GUILTY .— Five Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
CATHERINE HAWKINS . I live at 24, Tower-street—I am married, but am separated from my husband, and now live with my mother—the prisoner is my brother, and lodges with my mother—there was a quarrel between them; he used violence to my mother, and I called "Police"—he ran out—he returned about two hours afterwards, about 10'clock—I was then in bed—he made use of a very bad expression, and said he would do for me for trying to get him into custody; and he took up a knife that lay on the table, and stabbed me in the temple and in the arms—I gave an alarm, and some one went for a policeman; but before he returned the prisoner ran off a second time—the constable took me in a cab to the Charing—cross hospital—I had my head bandaged and dressed, and returned home that night—the prisoner came in late in the evening, and I gave him into custody.
Prisoner. At the Police-court she laid nothing about the stab in the arm. Witness. No, I did not.
WILLIAM TRAVERS . I am resident surgeon at Charing-cross hospital—the prosecutrix was brought there on 27th January—she was suffering from a wound over the right temple, about three—quarters of an inch in breadth, and a quarter of an inch deep, leading down to the bone and dividing in its course a branch of the temporal artery, which had been bleeding profusely—she had also a wound of the right arm—they were incised wounds, such as a knife would produce—I have not seen her since—I only dressed her wounds, and she went away—I advised her to come into the hospital, but "she wished to remain out—the wounds were doing very well—they were not dangerous; erysipelas might have supervened, but it has not.
Prisoner's Defence. I am very sorry; we were all drunk. She irritated me when I went back the second time to lie down, and hit me in the head with a basin or something.
CATHERINE HAWKINS (re-examined). I had been drinking a little over night, but not that morning—I should be very sorry to hurt him—he has been a good brother to me; I dare say I aggravated him—I feel no bad effects from the wounds—I hope this will be a warning to him—I only want protection.
GUILTY of unlawfully wounding.— Confined Six Months.
THIRD COURT.—Wednesday, February 4th, 1863.
PRESENT—Mr. Ald. CONDER; Mr. Ald. BESLEY; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
325. CHARLES HENRY MASON (38) , was charged upon three indictments, with embezzling three sums of money, of Rick man Godlee, his master; also feloniously forging an endorsement for the sum of 8l. 18s., with intent to defraud; to all which he
PLEADED GUILTY .—Recommended to mercy by the Prosecutor on account of his wife and family.
Confined Eighteen Months.
MR. THOMPSON conducted the Prosecution.
BENJAMIN ADAMS (City-policeman, 214). On Wednesday evening, 21st January, about half—past 5, I was with Rowland, another officer, in Newgate-street—I saw the two prisoners, and two other men, not in custody, in company—Marshall was carrying this roll of cloth (produced)—I followed them into Skinner-street, about fifty yards—I then stopped Marshall, and asked what he had got there, and what he was going to do with it—he said, "Ask that man there; it belongs to him," pointing to Watson—he then threw the cloth between my legs and ran away—Rowland took Watson is custody; Marshall got away—the other two went away first, as soon as we went up—I was in plain clothes—I had never seen the men before—I saw Marshall again on the 26th, in the custody of Rowland—I have not the least doubt at all about his being the man I saw on the 21st.
Watson. Q. Did you not say, when you came up, "Let us take him, as we can't take anybody else?" A. No—you did not attempt to run away; you had no chance, because the other officer had hold of you directly.
Marshall. That gentleman never stopped me at all. I was at home all that day. I saw him last Thursday week, and another gentleman, in company with him.
MR. THOMPSON. Q. What time was it you saw Marshall on Wednesday? A. Between 5 and half-past 5; I could not say exactly to a few minutes.
COURT. Q. Were the four men walking or standing still, when you saw them? A. They were all four walking together, on the pavement, down Newgate-street; Marshall was walking on the kerb, next the road, and the other three were walking close by—he had the cloth on his left shoulder, next to the other men—at the corner of the Old Bailey, before they turned into Skinner-street, they were all in conversation together—they made a halt at the corner—I am positive they were all in conversation.
WILLIAM ROWLAND (City-policeman, 247). I was in company with Adams, on the evening of 21st January, in Newgate-street, about half—past 5, as near as I can say—I saw four men in company—Marshall was carrying this cloth—Watson was in company with him—they walked down Newgate—street; made a halt at the corner of the Old Bailey; were in conversation there about a minute, and then went on down Skinner-street—we followed them into Skinner-street, when Adams stopped Marshall, and I caught hold of Watson—the other two ran away, and Marshall then threw the cloth
down, and ran away too—I asked Watson what he was going to do with that bundle—he said, "Me, sir? I don't know anything about them people; I have just come out of that house"(pointing to a house in Skinner-street) "where my father lives"—I took him to the house he pointed to, and found he was not known there—I then took him to the station—I searched him, and found an old pair of gloves, and two handkerchiefs on him—I afterwards took Marshall, about a quarter-past 12, on the night of the 26th, in High Holborn, pretty close to Brownlow-street—I told him I wanted him for being concerned, with three other men, one of whom was taken into custody, for stealing a roll of cloth, from Mr. McGregor's warehouse, in Cheapside—he said he did not know anything about any roll of cloth—I told him I was quite certain he did, and I should take him into custody—I then took him to Smithfield police—station, searched him, and found a pawn—broker's duplicate on him—he gave me his correct address—I had not known him before—I have no doubt at all that he is the man I saw carrying the cloth on the 21st.
Watson. He never took me into the house at all.
Witness. I took yon into the house, and asked a gentleman there, if anybody of that name lived there—you asked for the name of Watkins, and the gentleman said no one lived there of that name—I had hold of you at the time.
COURT. Q. Did you say anything to Marshall about having seen him with Watson, and with the cloth, when you took him? A. I did not.
Marshall. I was not there on Wednesday night; I was at home.
THOMAS MCGREGOR . I am a woollen warehouseman, in Cheapside—I have seen this roll of cloth before—I examined it at the police—station the morning after it was stolen—it is my property—it cost me, within a few shillings of 14l.—it originally measured sixty-nine yards—we cut some off—it now measures about sixty—eight and a half—I missed it from my shop—I do not know when I saw it last before that; it only came in on the 14th.
JOHN PORTER . I am in the employment of Mr. McGregor—I have seen this roll of cloth—I identify it as his property—I saw it on the morning of the 21st; the day it was stolen—it was then on a pile of goods, about a yard from the door—I missed it next morning when the policeman came in to make inquiries.
Watson's Defence. I don't know this other prisoner. I never saw him in my life before, and I don't believe he ever saw me. I ran up to a crowd, when they came and stopped this man, and when the other man went away they took me into custody. I saw the man that had the cloth—it was a taller man altogether than this man.
Marshall's Defence. I know nothing at all about it. Rowland did not catch hold of me when he first saw me. My mother was at home with me on Monday and Wednesday, and can prove I was at home all day; I should like to call her.
CHARLOTTE MARSHALL . I live at 8, Fisher-street, Red Lion-square—the prisoner Marshall is my son—I remember the 21st of January, it was on a Wednesday—I was at home, washing all day; my son was also at home all day—he was not well—he was only Confined at home that day unwell—he was in bed till between 11 and 12—I called him; he got up and had a little breakfast, and went down stairs once or twice—he was not well—I had occasion to go out in the evening after 6—there were only my little children in the house—one is a baby, eleven months old, one three, one six, and one
just gone eight—my husband was out all day—he took his dinner with him that day, it being my washing—day—that was the only day my son was unwell—he is a printer—he worked last for Mr. Cann, about three months back—he has had no work since that—he has not been well—he has been looking out for work—he has occasionally been ill for the last six weeks—he is a patient of King's College Hospital—I supported him out of his father's earnings.
Cross-examined by MR. THOMPSON. Q. You only occupy one room at this house? A. One room—I have five children younger than the prisoner—we all sleep in that room—we have not been there long—my son has always been living at home with me—I can't say what time he went to bed on this Wednesday—sometimes I hear him come in, and sometimes I do not—we do not sleep all in the same bed—it is impossible for me to tell what time he came home; it might have been towards the morning—sometimes I go to bed earlier than the others—he has of late been in the habit of coming in all hours of the night—he has not slept away from my home since Christmas; previous to that he did, perhaps a night, or two nights a week.
WATSON— GUILTY .**— Three Years' Penal Servitude.
MARSHALL— GUILTY .— Confined Nine Months.
MESSRS. CLERK and BESLEY conducted the Prosecution.
JOHN GARDNER . I am one of the senior clerks in the General post-office. On 10th January I prepared this letter (produced)—I had no previous communication with Mr. Gutch—I enclosed eight penny postage—stamps marked, in the letter, and gave it to the police—officer Crocker to post—I sealed it—it was fastened with sealing—wax when I gave it to Crocker—there was no gum on it—it was not addressed by me; it was addressed when I gave it to Crocker—that must have been about 1 o'clock on Saturday—there was a penny postage—stamp affixed to the face of the envelope on the right-hand top corner when I gave it to him—this is the letter I gave to him—the envelope has been opened, and re-fastened apparently with gum—there is no stamp on the face of it, and there is no mark of its passage through any post-office.
Cross-examined by MR. COLLINS. Q. This letter is dated from York-place, Peckham, from Mr. Gutch; is there such a person? A. Yes—I used his name without his authority.
WILLIAM CROCKER . I am a police—constable attached to the post-office—I received this letter from Mr. Gardner on Saturday, 10th January, and put it into the pillar-box in the Queen's-road, Peckham, about a quarter-past 10 that night—it was securely sealed at that time, and it had a postage-stamp on it.
JAMES NASH , Jun. I am a letter—carrier at Peckham. About ten minutes past 10 on the evening of 10th January I cleared the pillar letter-box in the Queen's-road, Peckham—I took out all the contents, and took them to the Peckham office—the letter-box would have to be cleared again at a quarter to 7 on Monday—when I took the letters out, to the best of my belief T locked the box—being three weeks ago I cannot speak to that—I am in the habit of doing so.
STEPHEN REYNOLDS . I am a letter—carrier at Peckham. On Monday, 12th January. I cleared the letter-box in the Queen's-road, Peckham, at a quarter before 7—I found the box locked when I went to it—I took out all the
letters, and took them to the Peckham-office—they would be sent from there to the South—eastern office, in the Borough.
ROSINA ROGERS . I am assistant to Mrs. Bull, the receiver at the Peckham post-office—I was there on the morning of 12th January, and received all the letters that were brought there by the letter-carriers—they are brought in bags—we add our letters to the bags, and then forward the bags to the South-eastern office.
Cross-examined. Q. Are the bags that are brought from these pillar letter-boxes locked? A. No, they are open—they are not sealed—I seal the bags.
MR. CLERK Q. Whom are they brought by? A. They are brought to our shop by the letter-carriers—we seal the bags and despatch them to the South-eastern office.
JOHN BULLARD . I am a sorter at the South-eastern district-office. On Monday, 12th January, I received the collections from the Peckham-office—the bag despatched from Mrs. Bull's, at Peckham, comes to us sealed—it arrived in its proper state on the morning of the 12th January—I opened the bags—I do not stamp the letters as they come out of the bags; they are stamped by the stampers—this letter was not among the letters that came out of the bags that morning—the postage—stamp is obliterated directly the letter comes out of the bag.
Cross-examined. Q. Do you do that? A. No.
CHARLES HENRY HULSE . I am one of the cashiers at the Union Bank branch in Argyle-street, Regent-street—on Monday, 12th January, the prisoner came to my desk at the bank, and brought me this envelope, containing this letter—I opened it and read it—it was fastened with wax, the same as this envelope—I opened the letter and tore it in this way in opening it—these stamps were in the letter—I did not say anything to the prisoner after I read it—I took it into the manager's room, and gave it to the assistant—manager, and he came out.
THOMAS PHILLIPS . I am the assistant-manager at the branch of the Union Bank, in Argyle-street, Regent-street—on the morning of 12th January I received this letter from Mr. Hulse—he had opened it at that time—a constable connected with the post-office, named Bingham, was then at the bank.—he had made some communication to me that morning, and I spoke to him when the prisoner came—I went to the counter where the prisoner was standing, with the letter in my hand, and said to him, "Did you bring this letter from Mr. Gutch?"—he said, "Yes, I did"—I said, "How is he?"—he said, "Very well"—I said, "When did you see him?"—he replied, "This morning"—I then told him to go into the private room, and pointed out where it was—Bingham was then standing by the prisoner's side—in order to go from the counter to the private room, you pass the outer door of the bank—the prisoner made an attempt to go out of that door—he walked round from the counter, as I thought, to enter the manager's room, but he made an attempt to leave by the outer door—he went in the direction of the outer door—Bingham was by, and he stopped him, and accompanied him from the door to the manager's room—I also went into the room—the manager was there—he asked the prisoner where he got the letter from—he said it was given to him by some person in the street—he was then asked where he lived—he said, "At Lambeth"—he was then taken into custody by Bingham—it was about twenty minutes past I when this took place—Mr. Gutch does not bank at our bank.
Cross-examined. Q. You don't know such a person as Mr. Gutch, then?
A. No—you do pass the door to go to the manager's room, but you do not go near it—Bingham was in private clothes, and close to the prisoner, and I was behind the counter.
MR. CLERK. Q. When you first spoke to the prisoner as to where he got the letter from, he told you, as I understand, that he had it from Mr. Gutch? A. Yes; and afterwards that he had it from a man in the street.
HENRY BINGHAM . I am a police-constable attached to the post-office—on 12th January I received instructions to go to the Union Bank—I was there when the prisoner came with this letter—I had made a communication to Mr. Phillips, the assistant—manager, before the prisoner came, and he then made a communication to me—I saw him go round to the desk where the prisoner was standing, and after some conversation with him, he asked him to go round to the manager's room, at the same time pointing out where the room was—the prisoner had to pass the door to go there, and as he was passing the door he made a bolt towards it, and I stopped him just as he got to it—I said, "This is not the way to the manager's room"—he would have been about three yards from the door, if he had gone straight to the manager's room—he was quite close to the door when I stopped him, and the door was partly open—I then took him to the manager's room—the manager asked him how he came in possession of the letter—he said that a man in the street gave it him—he told Mr. Phillips before that Mr. Gutch had sent him with it—he was asked his name—he said his name was Wilmot, and he lived in Lambeth—I asked him what part of Lambeth—he said, "I don't know who you are, and I shall refuse to tell you"—I then told him that I was a police-officer attached to the post-office, and he was in possession of a letter that he had no business with; if he still refused, I should have to mention it hereafter—he said he should still refuse to give me his address—I asked him where the man was when he gave him the letter—he said he did not know the name of the street, but it was about three turnings down, pointing towards Regent-street—I sent for a cab, took the prisoner with me in the cab, and asked him to show me the spot, or the man of whom he received the letter—when we got down to Coburg-place, in Regent-street, he said, "This is where the man stood when he gave me the letter"—I asked him if be could see the man anywhere—he said no, he could not—I then took the prisoner in the cab to the General post-office—he was there asked his name and address—he gave the same name, but said then that he lived at Hackney—he was asked what part of Hackney, but be refused to state—he said he had only been in London three weeks; previous to that he had lived in Ipswich for three years; that he was a watch-spring maker, and that he was probably known to all the watch—makers in Ipswich—he also said that his wife lived at Ipswich—he did not mention the names of any people there—he was asked the name of any person who knew him at Ipswich, but he did not give any name.
Cross-examined. Q. When the prisoner came into the bank, where were you? A. I was in a private room—I did not see him enter the bank—he went very quietly with me in the cab—I took hold of him—he took me to a spot where he said the man stood—(letter read: "10/1/63. York-terrace, Peckham. Sir,—As I shall not to able to get to town for a day or two, I will thank you to send me 10l., and debit my account with the amount Have the goodness to send me also half—a—dozen stamped cheques, payable to order. I enclose six postage stamps in payment for them. Yours very. truly, J. Gutch." Directed, "Cashier, Union Bank, Argyle-street.")
John Joseph William Gutch—this letter is not In my handwriting, nor his—I had never heard anything about it before it was sent—I do not bank at the Union Bank, nor does my father—I have never seen the prisoner before—my father is not here to-day—on 12th January, he was very ill indeed—the prisoner was never at our house—I never saw him in the street that I am aware of—I never gave him a letter to take to the Union Bank, in Argyle-street.
Cross-examined. Q. Where do you bank? A. At Barclay's—I have not an account there myself—I don't bank anywhere—my father does—my father is at home very ill—I am a pin and needle maker—I do not approve of people forging my name—my father does not allow anything of that sort, that I know of—he does not let me send these sort of letters—I was with my father on 12th January, but not all day.
The prisoners statement before the Magistrate was here read as follows:—"I was met by a man in Regent-street, who gave me a letter, and told me to take it to the bank, and wait for an answer. I shall not give my address.
GUILTY .— Four Years' Penal Servitude.
MR. CLERK, for the prosecution, offered no evidence on this charge.
The prisoners were again indicted for assaulting John Smith, and occasioning to him actual bodily harm.
MURPHY and LAWRELL
PLEADED GUILTY to the assault— Confined Three Days' each.
MESSRS. CLERK and ORRIDGE conducted the Prosecution.
JOHN WILLIAMS . I live at 17, Holborn, and am a carpenter and joiner—on the night of 27th December, I was with a man named Smith, in Church-lane, Chancery-lane, about a quarter to 10—I saw Lawrell and Connor there—I was assaulted there—I was not knocked down—Connor left the other—while I was being assaulted, he hit me—I could see whether he did anything to Smith—I did not hear him say anything—he ran away towards the public-house—I followed him there, and he went through a passage, and I lost him.
Connor. Q. Did you see me at the time this row commenced? A. Yes—you struck me—I don't know the sign of the public-house.
JOHN SMITH . I was with the last witness on this night, in Church-passage, near Chancery-lane—I was knocked down by a violent blow from Lawrell—I don't know with what instrument—I was taken to the hospital, and my face was strapped there—I can't swear to Connor being there.
Connor. Q. Are you not brother to the first witness? A. I am—my name is Williams—I go by the name of Smith.
CHARLES DUBOKAY . I keep a coffee-house, in Cursitor-street—on this Saturday night in question, I heard a disturbance—I was then in a public-house kept by Mr. Sutton—there is a passage just by the door of the house—I went to the door and looked out—I saw Smith down on his back, in the middle of the road—he was most brutally used, and the blood was streaming from his temple—Lawrell was one amongst them, and a short man, with corduroy trousers on—I have not seen him since—I cannot identify either of the other prisoners.
CONNOR— NOT GUILTY .
MR. SLEIGH, for the prosecution, stated that he had conferred with MR. RIBTON, who appeared for the prisoner, and, with the sanction of the Court the prisoner would plead
GUILTY to unlawfully wounding.
Several witnesses spoke to the prisoner as being a quiet and inoffensive man.
Confined Three Months, and at the expiration of that time to find sureties, himself in 100l., and two securities in 50l. each, to keep the peace for twelve months.
MR. THOMPSON conducted the Prosecution.
CHARLES BARTLETT . I live at 9, Wormwood-street, City—on Thursday, 22d January, about half-past 12 o'clock, I was in my shop—I saw the prosecutor in the street, and saw the prisoner take a handkerchief or something from his pocket—I caught him by the back of the neck, and pushed him before me up the street, until I touched the prosecutor on the shoulder, and told him the prisoner had got his handkerchief—I believe the handkerchief fell at their feet—they were close together—a constable was called, and the prisoner was given into custody.
Prisoner. Q. Did you see me drop anything? A. I did not—I saw you steal the handkerchief from the prosecutor's pocket, wipe it across your nose, and put it in the breast of your coat.
CHARLES BURDETT . I live at 33, Binfield-street, Stock well—on 22d January, about half-past 12, I was in Wormwood-street—the last witness pushed me on the shoulder—he had the prisoner with him—he said, "You have had your pocket picked"—I immediately turned round, and found my handkerchief at my feet—it had been in my left tail pocket—this is it (produced).
Prisoner. I was not brought up to be a thief. I was working at one place for five years and a half, and the constable knows it. Witness I knew him to be at work for about twelve months at a tailor's shop in Houndsditch, about two years ago—I have known nothing of him since then—I found nothing on him.
GUILTY .—Recommended to mercy by the Jury; but an officer stated that he had been three times summarily convicted. Confined Twelve Months.
MR. LAXTON conducted the Prosecution.
ETHELBERTA SYER . I am the wife of James Joseph Syer, a surveyor—I had been staying at Lewisham, and on Saturday afternoon, 17th January, I came up to London—I went to the General post-office to purchase a postage stamp for Melbourne, and went from there to Newgate-street—to the best of my belief, this (produced) is the stamp I purchased—two police-officers, in plain clothes, came up to me in Newgate-street, and, from what they said, I found I had lost my purse—when I last saw it safe there was in it a half-sovereign, a shilling, a sixpence, a postage stamp, a penny, a halfpenny, and two farthings; a return railway ticket, and four other tickets, and a key.
Cross-examined by MR. RIBTON (with MR. PATER). Q. What time was this? A. Between 3 and 4 in the afternoon—I don't exactly know the time.
WALTER BETT (City-detective, 461). On 17th January, between 3 and 4 in the afternoon, I was in Newgate-street with Dawson, of the if they came towards her, they turned round—Leslie went on the right-hand side of Mrs. Syer, and Johnson close behind her—I saw Leslie lift Mrs. Syer's cloak up, and put her hand into her pocket—when at the corner of Warwick-lane, I saw Leslie give her a push; I then lost sight of Mrs. Syer—while Leslie was lifting up the cloak, Johnson was standing close by her; she could see what Leslie did very well—I ran across the road with the intention of catching Mrs. Syer, but I did not see her at that time—about ten minutes afterwards I met her, and asked her if she had lost anything—she said she had lost a purse—the prisoners went down Warwick-lane, towards Newgate-market—this was about twenty minutes past 3—I afterwards found the prisoners in St. Paul's-churchyard, about twenty minutes to 4, both together—I took them into custody, and took them to the police-station, where they were searched by a witness—I told them what they were charged with—they said they had not been in Newgate-street—I am quite positive they are the two I saw in Newgate-street—I had been watching them from a quarter to 2.
Cross-examined. Q. You were in plain clothes, I believe? A. Yes—I was out on my own pleasure, not on duty—I did not start with the intention of hunting after thieves—I only went on a little private business of my own—my duty has been at night for the last two or three months, since this garotting has been out—I was on duty the night before this—I started from home about 12 o'clock on this day—it was at the corner of Warwick-lane that I saw this done—there was a crowd—I was about fifteen or twenty yards from Mrs. Syer, on the same side of the street—Dawson was on the opposite side—there were a great many persons between me and Mrs. Syer—the street was crowded with people, as it usually is; persons of all classes; plenty of crinolines, and things of that sort—I could see over their heads—I saw Mrs. Syer, but she got into the crowd—I lost sight of her, looking after the prisoners—I met her about ten minutes afterwards—I was standing in the street during that ten minutes, conversing with Dawson—she was coming towards where I was standing—I stood within about a yard of the place—there was a great deal of traffic at the time this occurred, and I could not catch her—Leslie put her hand in Mrs. Syer's dress pocket, on the right-hand side—I saw them in St. Paul's-churchyard about fifteen or twenty minutes after seeing them in Newgate-street—it was not crowded—Johnson had some sausages, which she said she had bought—I make reports at the station when I am out—I do not get anything additional for this, only a great deal of trouble—it is not idleness to be here—I have been here three days—I was not before the Grand Jury till Tuesday—I had another case on, on Monday, a burglary—I went before the Grand Jury on Monday in that case—it is no amusement to be here—I am standing about, as we all do—I was on night duty last night—I only get a shilling a-day from the Court for being here—it costs more than that—if there is a conviction, it is reported at the office—I did not go to the King of Denmark public-house, in the Old Bailey, on this day—I did after this occurred—I never was there
before—I did not state there that Mrs. Syer would not swear to what I wanted her.
MR. LAXTON. Q. Are you in the habit of being employed by the police force in plain clothes? A. Yes.
HENRY DAWSON (Policeman, A 301). I was in company with Bett on 17th January, in Newgate-street—I was on duty—I had just come from the City—I saw the two prisoners on that afternoon—I had known them before—I first saw them in the Poultry, and then in Newgate-street, just at the corner of Warwick-lane, going eastwards, towards the Post-office—I also saw Mrs. Syer; she was going westward—I was on one side of the street, and Bett on the other, some part of the time—the prisoners saw Mrs. Syer, and turned round and followed her—Leslie went on her right side, and, with her left hand, lifted her cloak—Johnson was close behind her, preventing any one else getting between them—the prisoners then turned back and went down Warwick-lane—I then spoke to Mrs. Syer—she said something to me, and I went in search of the prisoners—I did not find them—I went in one direction, and Bett in another—he found them—I was not with him at that time—I have no doubt whatever that they are the women I saw.
Cross-examined. Q. Had you had any communication before this with Bett? A. Yes; I had been walking with him about an hour and a half—I had been up to Great St. Helens, and was coming home to Marlborough-mews police-station, where I belong—we did not go into any public-houses—the prisoners did—I was standing behind a cart, on the other side of the road, when I saw the prisoners—Mrs. Syer was about the middle of the pavement—it was Leslie's left hand—she was not right in front of the protecutrix—she reached her hand over—there was nothing in the way just at the time I saw that—there was traffic in the street in other parts, but it was free just there at that time—a number of omnibuses came up just after, when I was about to cross—Bett could not get up to them either—I saw him at the corner of the lane, looking out for them—I crossed over to Warwick-lane as soon as I could—Bett was there then—I cannot say where Mrs. Syer was then—we lost sight of her at that time—I saw her afterwards talking to Bett, and we then went after the prisoners—we separated—I took Newgate-street, and he went round St. Paul's—I went home after the prisoners were charged—the inspector did not ask me where I had been—he knew I had gone to Great St. Helens—I said I had been engaged in a charge in the City.
MR. LAXTON. Q. How long had you been watching them? A. About an hour and a half, I think—it was about a quarter past 2 when I first saw them, along the Poultry, Cheapside, and Newgate-street.
SUSAN MARSHALL . I am employed as a female searcher—the two prisoner! were brought to me on 17th January—I searched them—on Johnson I found 4s., a threepenny-piece, 3 1/2 d. in copper, and a knife; and on Leslie, four florins, four shillings, four sixpences, a threepenny-piece, 10 3/4 d. in coppers, five postage stamps, and one sixpenny stamp—this is the stamp—it is an ordinary sixpenny stamp.
Cross-examined. Q. There is nothing about Melbourne on it, is there? A. No; I don't see it—it is an ordinary sixpenny postage stamp.
FREDERICK ANSELL . I am barman at the King of Denmark public-house, Old Bailey—I know the two prisoners—on Saturday, 17th January, they came in and changed a half-sovereign—I don't know what time it was—they had half a quartern of gin, and I gave them 9s. 9 1/2 d. change—they drank together—I can't say what money I gave the change in.
Cross-examined. Q. Was this not between 12 and 2? A. I think it was about that time—it might be as late as between 3 and 4—I thought it was between 12 and 2—I think it was from about 12 till 2—I think so now—I know that man (Bett)—he came into our place on the following Monday morning—he called for a glass of stout, and asked me whether there were two females changed a half-sovereign on Saturday—I never heard Bett say, "I can't get the old woman to swear what I want her"—he never said that to me.
COURT. Q. Was this half-sovereign changed on the Saturday after your dinner? A. Yes; I had had my dinner—I have my dinner all manner of times—I can't say what time I had it that day—the latest I have my dinner is half-past 1 or 2, and the earliest about 12—there is no fixed time for it to be ready, one time is not more usual than another—there is no usual time for dinner—I don't know whether it was early or late on this Saturday, but it was after dinner.
Witness for the Defence.
FRANCIS ALLEN . I live at 2, Westcott-terrace, Stoke Newington, and am an engraver—I was with Leslie on Saturday, 17th January, between 10 and 11 in the morning—I went to a public-house with her, and we had a pint of stout—from there I went to the district post-office at the corner of Pakington-street, Lower-road, Islington, and she purchased a shillings-worth of stamps—she bought a 6d. stamp, and some penny ones, I don't know how many—she posted a letter with one of them.
Cross-examined by MR. LAXTON. Q. Do you keep a shop? A. No; I keep a house—I have known Leslie for the last ten or eleven months—she lire close to Victoria Park—I met her accidentally on the morning of the 17th January—I was out on business—she went into the post-office and I went with her—I have been in the stationery business, and she told me what she wanted, and I went in to look at the book to see what she wanted—I asked for them, and she paid for them—I can't say that I know the other prisoner.
MR. PATER. Q. Did she tell you what she wanted the 6d. postage-stamp for? A. To send to a friend at Gibraltar, and I went in to look at the book to we what stamp she would want.
JURY. Q. What relation are you to the prisoner? A. None whatever—I became acquainted with her through her brother—I engraved a card-plate for him.
Johnson was further charged with having been before convicted of felony at this Court in May, 1856, having then been previously convicted; to this she PLEADED GUILTY.**— Five Years' Penal Servitude.
LESLIE.— Confined Twelve Months.
JAMES MCCABE . I am a carman, and live with my father at 5, Davenport-street, Commercial-road, East—the prisoner is my brother—on the night of 22d January, I fastened up the house, all the doors and windows—I and my wife were the last up—I went to bed some time after 10—I came down in the morning as usual about 8—I found the shutters of the kitchen-window had been forced open, the nails drawn from the bolt which fastened the shutter, and the window had been opened, though it was shut when I down—the shutter being forced, the window could be opened so as to
admit a person—I missed two coats of mine, a hat, and a cravat from the kitchen, likewise a coat of my father's, but he does not like to prosecute—I saw the things next morning at the station, except the two coats.
WILLIAM HALL (Policeman, K 425). I produce some clothes—I took this coat off the prisoner's back on the 23d, about 12 o'clock—I had then heard of the burglary—I told him that he had three coats, a scarf, and a hat—he said, "This is one of the coats; it is my father's, I believe;" and in going to the station he said, "I had just as much right to them as my father or my brother"—I had told him I should take him into custody for stealing them—he was right in front of his father's house when I took him—only one coat was found—I don't know where the prisoner lives.
Prisoner's Defence. I have nothing to say.
JAMES MC CABE (re-examined.) My brother lived in the same house with us for some time—he left six years ago—we have had him back now and then to try him, but we cannot do anything with him—he is a drunkard—he used to help my father until the last five years—it is my father's business—we help him—my father has the money—he never made any distinction between us—when we wanted a suit of clothes we used to go and order them, and my father used to pay for them—it is all through drinking.
NOT GUILTY .
FOURTH COURT—Wednesday, February 4th, 1863.
PRESENT—Mr. RECORDER and Mr. Ald. PHILLIPS.
Before Mr. Recorder.
PLEADED GUILTY .*— Confined Twelve Months.
MR. DICKIE conducted the Prosecution.
JOHN GREEN . I live at 5, Ann's-place, Spitalfields—on the night of 26th December, I went out about 10 o'clock, I returned about a quarter-past 12—I left some boots and shoes on the racks in the shop—when I returned I found the stock all gone, and a chest of drawers broken open—these boots and shoes (produced) are mine—I know them by my own make.
Prisoner. Q. You never saw me in your place, did you? A. No; I have seen you passing by several times, that is all.
ABRAHAM EVEREST (Police-constable, H 148). On the 27th December, at 2 o'clock in the morning, I was on duty in Thrall-street—seeing the prisoner and some of his companions standing at the door, and looking out of the house where the prisoner lives, I watched them—the prisoner left the house—I turned on my lamp, looked in, and I saw these boots and shoes lying about—I asked the prisoner to come back, and asked him where be hart got the boots and shoes—he said they were not his—he became very violent—it took three constables to take him—I searched the bed and bed-clothes, I found the frock, two scarfs (produced), and other things about the beds.
COURT. Q. Do other people live in this house where the prisoner lived? A. Yes; up stairs, but they do not go in at the same door—he has a front
and a back room—there is a side door—the property found was in the rooms occupied by the prisoner—I have known him before.
Prisoner. Q. When I made a rush out did I not say, "I won't go until I find the man that left them there," and that "I lent a half a crown upon them"? A. cannot say exactly what you said then—you said you would not go, and you tried not to go.
ELLEN GREEN . I am the wife of John Green, and live at 5, Ann's-place, Spitalfields—on the night of 27th December, my husband went out about 10 o'clock, leaving me alone in the house—I went to bed—my husband fastened the shop door and side door, went out at the side door—he locked the front door, and padlocked the side door and kept the key in his pocket—I was aroused by a little girl calling out, and discovered the bottom drawer In the room where I sleep, open and empty—I went suddenly into the shop, and found all the shelves stripped of the shoes—I had seed them safe before I went to bed—I know these things (produced)—they were in the drawers—they were taken out of the drawers while I was asleep—the glass in the shop door hail been out, and the bolt pushed back.
Prisoner's Defence. A man and two women came to my shop and asked whether I would buy a pair of trousers; I said, "Yes;" he said, "I want half a crown for them;" I said, "They are not worth half a crown;" I gave him half a crown; he put them in my back premises, and I was to have them until the morning; I said, "Very well, I shall return them when you return the money;" I am quite innocent; I did not know they had been stolen.
COURT to ABRAHAM EVEREST. Q. Whereabouts were the things that you aid you found in the bed? A. They were rolled up, some on the bed, some between the sacking, the laths, and bedding, and others on the bed-clothes; some in one place, and some in another.
GUILTY .**†— Four Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
DAVID MILLER . I am in the employ of Mr. Scott, a butcher, of Caledonian-road, Islington—on Friday, 9th January, at 7 o'clock, I was in Newgate-market, with my master's cart—I saw the prosecutors cart there next to mine—I did not observe the number of the house at which we were opposite—while I was in my cart, three men come up to the prosecutor's cart—the prisoner Edwards jumped up in the cart and banded down a flat—that is a basket—I do not know what was in it—it was handed to Tapsell, who wheeled it away towards the Old Bailey on a barrow—the other prisoner I cannot say anything about—my attention was attracted by a whistle, and some one said, "All right; go on"—I next saw Tapsell on the Friday following the 16th—I have no doubt at all that he is the man—I saw Edwards on the Sunday morning next after the 16th, at the police-station, with about eight other persons—I knew him directly he came in.
Tapsell. Q. At a quarter after 7 you say this robbery was committed? A. About 7 o'clock—it was then between the lights—there was something conspicuous about you by which I was able to identify you—it was your scraf, your coat being buttoned up, but I could see your scarf—the barrow went towards Newgate—he passed my cart, and after that his back was towards me all the way—the barrow had not passed the cart before the was put on it—I did not follow the man with the barrow—I did not
think a robbery was being committed, but when Osborn came up, that it the man employed by Mr. Cowper, be said, "I have lost a flat"—I did not see you before you took the meat—I saw you with the meat on the barrow.
COURT. Q. When you saw Tapsell in custody, did you pick him out from among others? A. No; I was taken to see whether he was the man—I was told they had taken somebody.
MR. LILLEY. Q. You Say be passed you; had you at that time an opportunity of seeing his face? I saw his face when he got hold of the barrow, just as the meat was about being put on—I have no doubt at all he is the person—I suppose I saw him for about five minutes, not more—the gas lights were just put out.
WILLIAM OSBORN . I am in the employ of Mr. Frederick Cowper, of Portman-place, Edgware-road—on the morning of 9th January, I was at Newgate Market—I put into my cart, about 7 o'clock, 10 bellies of pork in A flat—I then went away for a short time, and when I returned I missed it—I received information from Miller—I have never seen the pork since.
COURT to DAVID MILLER Q. Was your cart close against the flags? A. My cart was close against the other cart, but behind it—it was against the foot pavement—the barrow went along the middle of the road.
LOUISA CHIPCHASE . I live at Monksfield-street, York-road, and am the wife of John Chipchase, a cart attendant—I attend at Newgate Market to assist my husband in taking care of the carts—on Friday morning, 9th January, I saw Tapsell and Fletcher in a doorway in Newgate-street—one of them looked into Cowper's van; that attracted my attention, and I went down and passed them, and stood a minute or two; they turned away, and went towards the Old Bailey—I went a few steps on to see that the carts were correct, and I saw Tapsell and Fletcher return to the same place—I saw them twice; they were in company on each occasion—the second time, they were pretending to pass halfpence between them, they were by themselves—then Tapsell went between the next cart but one, into the horse-road, and Fletcher passed between four carts off and went into the horse-road, and I lost sight of them—I continued standing about the footpath—I had sufficient opportunity of seeing them to know them again, because I minutely looked at them—there was sufficient light to see them.
COURT. Q. At what time? A. It was a few minutes before 7, when I first saw them, and when I heard of the cart being robbed, it was about ten minutes after 7—then ray attention was directed to what I had seen.
Tapsell. Q. You say we were pretending to count halfpence; what do you mean? A. You were jingling halfpence between you—I was close enough to see that—I passed outside you, I stood close to the door step—after that you went away towards the Old Bailey—it was not during that time that the cart was robbed; that was not until after I saw you both return the second time—I did not then see anything in your possession—after I saw you the second time, I noticed the way you went; it was into the horse road, and 1 lost sight of you—I do not know which way you then went—I did not see you with the barrow.
Fletcher,. Q. After you saw me leave Tapsell, you say I went into the road? A. Yes; I did not see anything more of you after that—I did not wee you do anything contrary to the law of your country.
THOMAS HURST (City-policeman, 220). On Friday. 16th January, about 7 in the morning, the three prisoners were together loitering about Newgate-street and the Old Bailey—I suddenly lost sight of them—afterwards, up
Newgate-street, Tapsell was in the hands of Mrs. Chipchase's husband—I took him in custody—the other two prisoners were taken on Sunday morning.
DENNIS CLARKE (Policeman, 108 M). From information I received, I apprehended Fletcher on 18th January, at 25, Eaton-street, Lant-street, Borough—I had known him before—I have seen all three of the prisoners in company several times.
Tapsell. Q. How long have you known me? A. I dare say altogether about eighteen months, or a little more.
Tapsells Defence. I own I was in Newgate-street on 9th January, but not at 7 o'clock, when the meat was stolen; I was there about half-part 7, or a quarter to 8; the lady came up and spoke to me, likewise her husband I denied it; the husband told me to be off about my business. I went away, then the sergeant took me down farther, and spoke to me, and gave me in custody for stealing this meat.
Fletchers Defence. The woman Chipchase states that she never saw me do anything contrary to the law of my country; therefore I hope you will take it into consideration, and if there is a doubt, give me the benefit of it.
Edward's Defence. Miller states be saw me in Newgate-street; I swear positively I was not in Newgate-street; I am innocent of the charge as a child unborn; I am wrongfully sworn to.
FLETCHER— GUILTY .— Confined Eighteen Months.
PLEADED GUILTY.— Six Years' Penal Servitude.
EDWARDS.— NOT GUILTY .
PLEADED GUILTY .
MR. PATER conducted the Prosecution.
FREDERICK SCHOENROCK —I am a tailor of Turnham Green—the prisoner was in my service for seven months previous to December—in consequence of what took place on 17th December, I communicated with the police, and Sergeant Rogers was instructed to watch the premises—on the morning of the 5th January I was called up by the police—I went with Sergeant Rogers to the bath room—we there found the prisoner sitting on a box, pretending to be asleep, and he had got a screw-driver—I asked him what he did there—he said he had come from Birmingham, and wanted a night's lodging—I found the shop window broken—there were marks on the shop door which corresponded with the screw-driver—the shop was secure about 9 o'clock, when I went to rest.
Prisoner. The room window where I pushed my hand through on the 15th December, was never mended.
COURT. Q. Had a window been broken on 15th December? A. The window had been broken—I fixed a wire blind, so that no one could come into the room without forcing the blind away—the window was not mended, but the blind was so fixed that a hand could not be passed through—I put a
table or counter before the door, so that no one could come in that way without making a disturbance—there was no way of getting in, except by forcing the blind and undoing the fastening—there was no way of getting in at the back except by getting over two fences—the prisoner could then get into the back premises, but not into the house.
Prisoner. Q. Is not the screw-driver always in the back kitchen? A. It is kept in the tool cupboard—it is mine—the previous night it was left in the back room where the tools are kept—you could not have used it to get into the house; you got into the bath room to get the screw-driver, to force your way into the shop—my wife never wrote a letter to you.
WILLIAM HENRY ROGERS (Police-sergeant, 13 T). From a communication made to me by the last witness, I watched the premises on the 5th January—between 12 and 1, I heard a noise of glass breaking—I waited about half an hour, and I then heard some one at the back door; the wood was breaking—I cried out for assistance, got over the back fence, searched the premises, and found the prisoner in the bath room, with this screw-driver—he pretended to be asleep—I saw him not ten minutes before he went into the bath room, in the yard—on searching the premises, I found a piece of wood broken out of the back doorpost, and the wire blind which covered the window bad a hole through it, which exactly fitted this screw-driver—I believe that was taken out of a closet in the bath room, which was left open—the prisons could get to the bath room by getting over the fence; then he would get the screw-driver to force the door—there was a side window—he could not get in at the doorway, there was a long bench nailed against the door; part of the wood was broken away, but he could not get in—he told me he wanted a night's lodging—I took him then to the station—there were marks of violence on the shop doorpost.
The prisoner, in his defence, stated that he was drunk on 17th December, when he committed the robbery; that he then went to Birmingham for work, and while there he wrote to the prosecutor for forgiveness, and received a letter from the prosecutor's wife forgiving him; that he walked almost all the way to London, and, being very tired, and having no money, went into the house to deep until he could see the prosecutor in the morning; that the charge was made against him because the prosecutor was jealous of the attentions paid him by his mistress.
GUILTY .— Four Years' Penal Servitude.
MR. LAXTON conducted the Prosecution.
THOMAS PAYNE . I am a clerk in the service of the United Kingdom Electric Telegraph Company, Limited—they have offices at Gresham House—the prisoner was engaged there as the cleaner of the offices—I missed several things from the offices—I do not myself know of the towels named in the indictment—the pair of compasses were taken from the secretary's offices—I had not missed the candlestick until it was produced by the officer—I then recognised it as belonging to the Company—we had had gas put up some time since, and had not used the candlestick—these tin boxes were afterwards produced—the glasses we had in, no doubt, from somewhere, and as they were missing, we paid for them—they were discovered in pawn—I missed this stile; it has a wooden handle with an agate point—we were continually missing stationery of the description produced—I had no idea that these were lost until they were shown by the officers—these knives are
marked with Purssell's name; we had lunch sent in from there, and had to pay for them—here is a brush, which we had made expressly for cleaning the instruments—I had not missed them before, but here are two terminal points that we had made expressly—they form part of the galvanic battery; they are for securing the ends of the wires—this note paper has the Company's heading on it—we have lost a very large quantity of it—here is a letter clip which resembles one that; we lost—these four boxes I can swear positively to; they are sent from Germany, containing a peculiar ink for use in the instruments—here is an inkstand which resembles one we lost some time since—I cannot identify it beyond that.
Prisoner. Q. Were not a great many of those boxes thrown on one side? A. They are taken from the instrument room, where the ink is used, and are put on a counter at the side; they are not thrown away.
COURT. Q. In some had the ink not been emptied? A. I cannot say that—there were small glass bottles fitted in them—the prisoner had no authority to remove them—the candlestick she stated had been lent to her by the porter, but he, unfortunately, has been dead a short time—I never saw the pieces of wood belonging to the boxes thrown in the fire-place; they would be saved and returned to be used again.
THOMAS STONEBANK . I am assistant to Mr. Attenborough, pawnbroker, of Curson-street, Finsbury—these six wine glasses and four tumblers (produced) were pawned by the prisoner, on the 19th and 21st January.
HENRY BARNES . I am assistant to Mr. Barnes, pawnbroker, of Union-street, Spitalfields—I produce three towels pledged on 20th August in the name of Ann Cloake—I cannot say whether the prisoner is the person; it is some time since—they were pledged for sixpence.
COURT to THOMAS PAYNE. Q. Are they any of your towels? A. I know nothing of them—I only know that we missed a large number of these—they were not marked—I can only identity these from the similarity of the pattern.
Prisoner. Q. Yon know very well the Telegraph offices are left open night after night to the mercy of any one? A. That is so; by the regulations of the directors of the building we are compelled to leave the key—that is the reason the prisoner came to be selected to clean the offices—we cannot have our own servant, but we are compelled to hand the keys over—the prisoner is employed by Mr. Goslett, the secretary of the Gresham Company, but we pay her for her services.
CHARLES BROWN (City-policeman, 654). I went to the prisoner's lodging, in Eldon-street, Finsbury, on, I believe, 22d January—I saw her there—I asked her whether she worked at the offices belonging to the Gresham Company—she said, "Yes"—I told her she was suspected of having in her possession things belonging to the United Kingdom Electric Telegraph Company—she said, "Nothing that I am aware of"—I told her I must search the place—I found a pair of compasses, a brush, these brass instruments, this stille, some sealing-wax, these boxes, some paper marked "United Kingdom Electric Telegraph Company, Old Broad-street, Limited," a candlestick, the fitting of a galvanic battery, and a paper stand—after a farther search I found a quantity of china cups and saucers, tumblers, wine glasses, knives and forks, marked, "Tom's coffee-house," and "Purssell's, Cornhill"—the prisoner said the paper was left her by her late husband—I asked her how long he had been dead—she said four years, but upon examining the water-mark, I found it to be 1862—I found also some thirty or forty duplicates, and among them those relating to the glasses and towels.
Prisoner. They were my own glasses you took off the mantelpiece, and my own plates you took away; I bought them of a man, and gave a penny each for them. Witness. All that have not been owned, I have left at the Company's offices—there is a small apron belonging to one of the young ladies who works the telegraph.
Prisoner's Defence. I never committed any fault before, and I will never do so any more, if you will forgive me this time.
GUILTY .—She received a good character, and was recommended to mercy by the prosecutor. Confined Four Months.
MR. BESLEY conducted the Prosecution.
THOMAS RILEY . I am a chandler of 6, Clark's-place, Bishopsgate-street within—I have dealt with Mr. Bartlett for bread—during that time the prisoner has brought the bread to me—I always paid him the money every day, or if not that morning, the following morning; I never went long—I had a book—this (produced) is it—there is an entry of 5s. as paid on 1st January for bread—as I pay money it is put down there—I only paid the prisoner for bread—I did not owe anything for bread to Mr. Bartlett on 14th January.
FANNY COHEN . I am the wife of Isaac Cohen, of No. 7, Cobb's-yard, Petticoat-lane—we have dealt with Mr. Bartlett for bread—on 29th December I paid the prisoner 7s. 5d.—he gave me this receipt (produced)—on 5th January I paid him 3s. 0 3/4 d—he then gave me this receipt (produced).
WILLIAM JOHN BARTLETT . I am a baker at 117, Houndsditch—the prisoner has been in my employment from eighteen to twenty months—he was in the habit of delivering bread daily—it was his duty to take the bread from me, and accounting for it when he came back, and all the money he received it was his duty to pay to me—if it was convenient I used to take it when I first saw him; sometimes it would be inconvenient, and I used to let it be until 6 o'clock, or sometimes, if I was not in, I used to receive it the next morning, but that was seldom—I do not think I left it over the day, it would be very unusual—on 1st January the prisoner paid me 5s. on account of Riley, but not for bread delivered that day—Riley owed me for fourteen days, about 6l. 16s., and this 5s. had been taken off a previous delivery—I only knew from the prisoner that Riley owed for bread—he told me Mr. Riley would pay when he received some money from the country—I had been in the habit of giving rather longer credit, and he did not pay—I did not receive from the prisoner 5s. for the bread supplied on the 1st—I have received nothing in respect of Cohen's account, since 21st December, 1862—I have not received 3s. 3/4d. in respect of bread supplied to Cohen on 5th January—I have a book showing the monies I received in respect of the deliveries of bread—the prisoner accounted for bread delivered, but I have not received any money.
COURT. Q. Has he paid you any money professed to have been received on days subsequent to 21st December? A. No; he has paid me money from other customers.
Cross-examined. Q. How much money have you received from the prisoner since 29th December? A. He has paid me daily, 5s. or 6s. a day—that was on the general account—there always was a general account between us—I have sometimes deducted 2s. on a Saturday night for back money, but not 5s. or 6s.—he used to borrow money and he used to repay it on a Saturday
day—I have never taken 5s. from his wages of 1l. on a Saturday night in back settlement of account—whenever I deducted anything from his wages, it was for money he had received, and which had become due—I did not at the end of a month see what was the difference between us, and pay 2s. a week until it was paid—I never thought of deducting something a week to make the money right—I have not deducted 5s. or 6s. a week for back reckonings—he took out a certain quantity of bread, and he told me the number of loaves he delivered—I had a regular account against him—he used to pay me daily; his wages were never interfered with in respect of what was owing by a customer.
COURT. Q. Did you call upon him every day to account? A. Every day I called upon him to pay over the money he had received—he paid me money on account; money he had professed to receive—during the whole time he was with me he professed to account for all the money he received.
MR. COOPER. Q. I believe all that is owing you for back bread is 3l. is it not? A. About 10l. altogether—it is in different amounts—the prisoner has a wife, and a large family—I did not take him from any one's service previously—I turned one man away on suspicion, without any warning—I got somebody in the emergency, and I took the prisoner without a character—he never said, when I called upon him to account, "Quite right, it is really the fact, pray deduct it out of my wages, as you have done before"—I do not think he offered to pay it off—he did say he was expecting money in a day or two, when he would pay me—that was when I called in the police.
ELIJAH GALE (City-policeman, 670). I took the prisoner on the 14th of January—I told him he was charged with embezzling several sums of money, the property of Mr. Bartlett—he said, "It is very easy to get into trouble; I put the money in my pocket, but next Tuesday I expect to receive 4l. from the country, when I expected to pay it back"—he said also he was very sorry—I produce the books he kept when taking bread to the customers—it is his own book, with the quantity of bread he took out.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the jury and prosecutor.
Confined Six Months.
MR. COOPER conducted the Prosecution.
WILLIAM WHITE . I am a seaman, and live in the "Sailors' Home," Wells-street, Wellclose-square—on the 2d February I was walking in some square, I do not know the name of the street—it was near the Sailors' Home—I had a watch in my breast pocket—I had been drinking a little, but I knew quite well what I was doing—I had seen the prisoner about 9 o'clock in a singing-house just before—that is what is called a "free and easy"—he was laughing at me—I left the "free and easy" about a quarter to 12, and a girl vent out on the opposite side of the room—she was with the party inside, sitting—she said to me, there is somebody outside waiting for your watch—I went out—I am quite sure my watch was safe—she then went up to the prisoner, and he said to me, "Have you got no further, mate?"—I said, "No, I have got no further"—with that the girl walked away—the prisoner said, "Follow the woman"—I said, "I do not want to"—he said, "Do you go with her"—I said, "No, I am not going with her; I do not want to"—with that to went to catch me by the arm—I said, "I do not want you, I am going
home"—he says, "My house is on the way to the Sailors' Home"—we went along until we came to a corner, when this man was at my right shoulder—he gave me a shove, and there was another man coming the opposite way, and his shoulder caught me on the breast—I said, "That is curious"—then the prisoner made a rush at me—my coat was buttoned, and he unbuttoned it until he came to the guard; then the other man just stepped up, caught my watch, gave it a chuck, and went away—I said, "He has gone away with my watch"—I turned the corner and cried, "Stop thief"—I returned and said, "This is the man that unbuttoned my coat—a policeman came, and I gave him in charge—I am quite sure he is the man that unbuttoned my coat, and the other man seized my watch and ran away.
Prisoner Q. What part of Ratcliff-highway did you first see me in? A. The first place I saw you was the "free and easy" house—I cannot tell you where that is—I turned out of the street where the singing-house is, when my coat was unbuttoned—I had my watch when I was in that square—I saw the man take it off me—I was on the footpath when it was taken—I did not, when coming up Wells-street, upset an oyster-stall—I came on shore that day at nearly 4 o'clock—I had been in two public-houses before tea—after tea I went into one before the "free and easy"—I did not have any glasses of liquor in the first house I went into—I do not call beer a "glass of liquor"—we bad a pot of beer between four of us—the four of us drank out of the pot—in the next public-house we had another pot—we drank out of that together—after tea, and before going into the "free and easy." I went into another public-house—I had a glass of pale brandy there—o I had only one glass—I had no beer, gin, or rum—I do not know how many glasses I had at the "free and easy;" I had a good many—I had wine and beer—I had no spirits—I cannot tell whether I had six pints of beer—I should like to tell the truth—I do not think I had—you did not want to fight me—upon my oath you did not take the watch, but you helped the man to take it—the man who knocked up against my shoulder was in the concert-room joining in the laughing at me.
COURT. Q. From what you say of the other man, do you think they were companions? A. To the best of my opinion, the man was a companion—the prisoner is the man who unbuttoned my coat—the other man took the watch—they seemed to be companions in the "free and easy.
JOHN HUTTON . I reside in the Sailors' Home—I was with the prosecutor on the night of 2d of February—I had been at the sing-song—I saw the prisoner come up to the prosecutor—the female who was with him then left—the prisoner took hold then of the prosecutor's arm—he told the prisoner he did not want his company; but the prisoner clung to him until we came down to Wells-street, and just as we turned up Wells-street, a man was following down behind—there were three or four men; the prisoner made the fourth—just as we turned up Wells-street the prisoner made a rush at White—he said, "It is rather curious"—then another man wanted to fight him—I saw the prisoner unbutton White's coat, and the other man snatch the watch and run away—I ran after him—I had before seen the man who ran away with the watch, with the prisoner—they were in the "Paddy's Goose"—that is the "free and easy."
Prisoner. Q. Upon your oath, did you see me after your leaving the "Paddy's Goose," before you reached the end of Pearl-street, where the oyster-stall was? A. We were speaking to the women just as we left, and yon followed—I will swear you are the man—I saw you unbutton the prosecutor's coat—I had seen you and the other man together—I will swear you
are companions—when I saw you together, you were drinking together in the "Paddy's Goose."
SAMUEL FARTHING Policeman, 133 H). About half-past 12 at night, on 2d of February, I heard a cry of "Stop thief" in Wellclose-square—I saw the prosecutor, the last witness, and the prisoner together—the prosecutor said, "I have lost my watch, policeman"—then the prisoner said, "He has gone down Ship-alley, "that is running out of Wellclose-square—the prosecutor said, "This man unbuttoned my coat, and proposed for me to fight the man who ran away with my watch"—he then gave the prisoner in custody.
Prisoner's Defence. This public-house, the "Paddy's Goose," I never resorted to. I never saw the prosecutor until I met him at the end of Pearl-street, that is lower down towards the "Sailors' Home." I was talking to a female when he and the witness came by, both taking up the whole of the pavement; they seemed stupidly drunk; the prosecutor kicked over a tub of oysters. I said, "You will get into a mass;" he said, putting his hand in his pocket and pulling out 1s. 1 1/2 d., "Do you know where the Home is? "Yes," I said, "I am going up that way." He said, "I want to go to the 'Home;' will you have a glass of ale?" I laid, "I don't mind." We went to the next door but one, I said, "We can have a glass of ale hers, mate, if you choose to pay for one, if not, I will pay." "No," he said, "I will pay." Then we went on up to Wells street, and we turned the corner, when a man rushed out of the alley; the prosecutor was drunk, as I could see by his staggering about, and unfortunately I laid hold of his coat, but whether in so doing I opened it, I can't say. When I turned round I heard him say, "It is gone! it is gone! my watch is gone; he has taken it." I said, "Why do you not cry out?" Three of them ran down Wellclose-square. I suspected when they got to the end of the alley they could get no further. A policeman came up and asked what was the matter, the prosecutor turned round directly, and gave me in charge for unbuttoning his coat When the policeman came up I was with the prosecutor. Is it likely, if I had stolen the watch, I should have stopped there; we had been running after the man.
COURT to SAMUEL FARTHING. Q. Was the prosecutor any the worse for liquor? A. No; he seemed a little excited through losing his watch; he certainly had been drinking a glass of beer—he knew what he was about—Hutton was quite sober, he did not seem to have had anything to drink—when I came up they were not running together; they were running from the corner, where the watch was snatched, down to the alley—that is about 100 yards.
Prisoner. Q. Did you see me in company with the prosecutor and the witness? A. You were all together when I saw you.
NOT GUILTY .
MR. DICKIE conducted the prosecution, and MR. OPPENHEIM the Defence.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY . Confined Nine Months.
OLD COURT.—Thursday, Friday 5th, 1863.
PRESENT—Mr. JUSTICE WIGHTMAN; Mr. Ald. CARDEN; and Mr. Ald. CONDER.
Before Mr. Justice Wightman.
MR. ORRIDGE Conducted the Prosecution.
(The Prisoners being foreigners, the evidence was explained to them by interpreters.)
EDWARD HARDING . I am a sail maker, of 31, Princes-square, St. George's—on the night of 5th January, about half-past 11, I saw the prisoners at the corner of Shovel-alley, and a man named Clinton with them—I saw Galate stab Clinton in the left shoulder, and likewise dart something into his back—he had something in his hand—I could not see whether it was a knife or a dagger, but it shone bright—Clinton just moved one foot, and then fell down off the kerb—Galate and Silenos ran away directly—Galate and Caros were tipsy—Caros was too tipsy to run away; he stood quite still—he had a red shirt on—I did not see Clinton and his companions come out of the public house—I saw him put into a cab.
Cross-examined by MR. COOPER (for silenos). Q. How far off were you standing when you saw this? A. Nearly a yard and a half.
Cross-examined MR. SLEIGH for Galate. Q. Was there a ball at the Cock and Neptune public-house? A. I don't know anything about that—the Cock and Neptune is not a long way from there—I had never seen them before—I did not observe twenty or thirty persons all together, dancing, quarrelling, and shouting—I had been reading the newspaper, and taking a glass of ale, and was walking home to my own boarding-house—I had been in no dancing-room, I don't resort to such places—all these people were strangers to me—I was examined before the Magistrate a week afterwards—I did not see any of these persons again until then.
MR. ORRIDGE. Q. Seeing them a week afterwards, did you recognise them as being the men? A. Yes; and that I could say if I was on my death-bed.
WILLIAM HORNER (Policeman, H 28). On the night of 5th January, I was in the New-road, St. George's—I took Clinton to the hospital—I took Silenos into custody, about half an hour afterwards—he had a quantity of blood on his hands and face, and he had lost his cap—I afterwards took him to the hospital, where Clinton was lying, and he said, in Silenos's presence, that he was there, and was the first man that collared him—Silenos was sober.
Cross-examined by MR. COOPER. Q. Did you see his face, did he look as if he had been fighting? A. Yes.
Cross-examined by MR. SLEIGH. Q. How far was it, where yon took Silenon, from where you had found Clinton? A. 350 yards—I don't remember what coloured shirt Silenos had on—I did not see Caros that night—I did not observe any quarrelling while I was going up to where these men were; the quarrel was over before I arrived there—there was no quarrelling afterwards.
THOMAS BARNES (Policeman, H 10). On the night of 6th January, the night after this affair, I was near the Rose and Crown in Ratcliff-high way, And apprehended Caros—he understands English—I called him outside the
public-house, and told him I should take him into custody for being concerned, with two other men, in stabbing a person who was in the hospital—I took him to the hospital, to Clinton's bedside, and he said, "That is the man that ran after me; that is the man that stabbed me"—after I took Caros back to the station, he said it was not him; he fought English fashion, be did not use any knife; and before the Magistrate he said he did not do it, he never fought—I had seen the three prisoners in the Rose and Crown on the night of the 5th, about a quarter or half-past 10—that was about 300 yards from where the man was stabbed.
Cross-examined by MR. MONTAGUE WILLIAMS (for Caros). Q. When you took Caros into custody did not he say, "I will got?" A. Yes—when I him the charge he said, "No; not me"—he had on a red shirt.
Cross-examined by MR. SLEIGH. Q. Was it a dancing place in which you saw these men? A. It was in front of the public-house—there is a dancing-room up stairs—there were men and women of all nations there dancing, quarrelling too very often.
ROBERT PAYNE (Policeman, H 198). On the night of 5th January, about a quarter-past 10, I saw the three prisoners at the Rose and Crown, in St. George's-street—Sergeant Barnes came to me afterwards, and I spoke to him—Clinton and his companions were also there—Clinton and another man were stripped, and were going to fight with the prisoners—after some little difficulty, I and a brother constable parted them, and sent these one way and the others another—this was in the street; they had just come out of the public-house—Caros was dressed similar to what he is now; but he had on a red-shirt, and his coat was off—he was drunk—there were these three and several other foreigners, about thirty or forty, all hustling together; but these three were more particular as regards fighting with Clinton, than the others—there were some Irish, and some English, all fighting together in the row—after this the whole of the foreigners, including the prisoners, went back into the Rose and Crown, and we got the others away up St. George's-street—Barnes and I then went and visited the Rose and Crown—we had not left there very long before there was a row inside the White Bear public-house—we went there, and the prisoners, the deceased, and others were there quarrelling, and they were turned out of that house—that was about twelve, or fourteen, or twenty yards from the Rose and Crown—we parted them, and they went towards St. George's-street; Caros vent over to the Red Lion public-house, and went in there with a female—the other two prisoners went towards the Rose and Crown—Caros had not been at the Red Lion very long, before he came outside and wanted to fight an Englishman that was there—I got him away, and he and the girl went op Ship-alley, towards Wellclose-square—the others went back to the Rose and Crown, and stopped there till nearly the time the house was closing—I saw nothing more take place between Clinton and the prisoners.
Cross-examined by MR. WILLIAMS. Q. You say Caros and the girl went away from the spot altogether? A. Yes.
HOLLOWAY (Police-inspector). On 6th January, I was at the London hospital, where Clinton was lying—Galate and Silenos were present—Caros was not there that day; he was there next day, the 7th—I was present then—there were two examinations there—Mr. Woolrych, the police Magistrate, was there—Mr. Bowdler, the clerk, took down Clinton's examination—I believe he is not here.
MR. SLEIGH. Q. At the time this examination was taken, had any charge preferred against the prisoners, or either of them? A. Not that I am
aware of—they had been previously charged at the station—I do not know whether there had been any charge formally investigated by a Magistrate.
MR. ORRIDGE. Q. Did you hear the men there, before Mr. Woolrych charged with stabbing Clinton with intent to murder? A. That was after we came from the hospital—the charge was not read to them at the Police-court before we got to the hospital: it was read to them at the hospital.
MR. SLEIGH. Q. Before or after Clinton's statement was taken? A. Before.
MR. ORRIDGE. Q. Was what Clinton said written down in your presence? A. Yes; and he made his mark—he could not write his name—it was signed by Mr. Woolrich—this is his signature—(Read:"The examination of Michael Clinton, taken on oath, this 6th January, 1863—I am a sailor—I have stopped in the Neptune coffee-house, since Sunday morning—I came in last night—I met these men in the dancing-house in the highway—I had been drinking, but was quite sober—five or six persons were with me—they left me—I think Galate and another man were quarrelling about one girl—one chap with me, not here, took his coat off to fight with another man—Galate and another man, I am not sure about the other prisoners, said they would fight anybody, and two of my party left, and I was going to follow them, when somebody came behind and stabbed me in the back—I can't tell which did it—I expect the fellow in the red shirt was the man; he was the nearest to me—before then Galate caught hold of me by the shoulders—I said I did not want to fight—I believe Silenos was with them, but I am not certain—three of my shipmates were by, at the time I was stabbed—I was running to a doctor's shop but I bled too much and I fell, and lost my senses—I had not offered to fight any man—Galate was there, and was dressed in a blue shirt, as he is now—there was a short stout man, with a big whisker and a red shirt—I thought he stabbed me; but one of my shipmates told me he did not—I do not expect to recover—I think I shall die from this—I might have a little hope of getting over it, but not much"—The statement taken on the 7th was read as follows: "I was stabbed on Monday, near the dancing-house, in the highway—some man ran after me—the prisoner was going to fight any one who was there—he was the nearest to me—I believe he is the man who stabbed me—I am not certain—I am sure he was there"—that was signed by Clinton and Mr. Woolrych.
JAMES JACKSON . I am house surgeon at the London Hospital—about a quarter to 1, on the morning of 6th January, Clinton was brought there—I examined him—I found a wound on the left side of the spinal column, opposite the seventh and eighth dorsal vertebrae—it was about an inch and three-quarters in length—I examined the wound further, and found it extended upwards, about three inches, and entered the left side of the chest from behind—I also ascertained that the rib was completely severed, cut in two, by the same blow—there was a great deal of hemorrhage—the man died on the 15th—the wound was the cause of death—it was a punctured would, made by a cutting instrument—I made a post-mortem examination—the blow must have been given with considerable violence.
The statement's made by the prisoners before the Magistrate, were read as follows: Silenos says, 'I say nothing'—Galate says, 'The knife did not get into my sleeve. I know nothing of their motives. I was at home and in bed'—Caros says, "I was at home drunk at half-past 11. I went home to sleep. I know nothing about the fight.
SILENOS and CAROS— NOT GUILTY .
GALATE— GUILTY of manslaughter.—Eighteen years' Penal Servitude
NEW COURT.—Wednesday and Thursday, February 4th and 5th, and
OLD COURT.—Friday, February 6th, 1863
Before Mr. Baron Channell.
MESSRS. BRETT, Q.C. MCCULLOCH conducted the Prosecution.
MAXWELL ROBINSON . I am a clerk, in the employment of Messrs. Heathcock and Co., ship and insurance brokers, of Liverpool—they transacted business for the prisoner Ruxton, but I was not present at any interview between them—this paper (produced is in my writing—it bean Mr. Heathcock's signature—I cannot tell when it was sent.
CHARLES CARLISLE. I am inspector of the detective police at Liverpool—I took Ruxton in custody—I forget the date now—I took possession of his papers, and gave them to Mr. Ellis, the accountant—I gave Mr. Eddis no papers but those that were found on Ruxton.
HENRY WILLIAM EDDIS . I am an accountant of Liverpool—I received tome papers from Carlisle, which I have been employed in examining, and among them I found this paper (produced)—it is one those which I received from Carlisle.
Cross-examined by MR. SLEIGH. Q. Did you receive any other papers from any other source, in reference to this matter? A. No; but I received other papers for the purpose of pursuing my investigation into this matter—I have here all the papers relative to the Joseph Howe—I had no instructions in reference to the Joseph Howe at the time I received this paper—I have not brought here all the papers I received in August last—there is a cart-load of them—I do not think any of them were accounts and figures of freights, cargoes, and so forth—there were letters, but no accounts—their character was generally mercantile and commercial—I did not initial them as to the respective sources from web one I received them.
COURT. Q. You received some papers from Carlisle? A. I did—and some few from other people—I can swear that this is one of the papers I received from Carlisle.
MR. SLEIGH to CHARLES CARLISLE. Q. Whatever papers there were, you got from some place you did not know anything about, except from what was told you? A. Yes; I knew it before the apprehension: his name was there, it is in Duke-street. (Read: "George Ruxton, Esq. to Heathcock and Co., December 14th, 1860. To insurances per Joseph Howe on 1, 000l. at five guineas, premium 52l. 10s. policies, 2l. 5s.; 1,000l. at five guineas, 42l. 10s., 2l. 5s. December 29th, 500l. at four guineas, 21l., 1l. 2s. 6d.; 500l. at ditto, 21l.: 1l. 2s. 6d. December 31st, 500l. at eight guineas, 42l.: 1. 2s. 6d., making, premiums 189l., less discount 18l., 170l. 2s.; Policies, 7l. 17s. 6d. Total, 177l. 19s. 6d. Signed, Heathcock and Co.")
MR. SLEIGH. Q. There is no mistake about your knowing his writing? A. No; I have seen him write frequently—(Read: "Liverpool, 21st January, 1861.
Received of Messrs. Heathcock and Co. 1,500l. on account of
loss per ship Joseph Howe, GEORGE RUXTON." "London, 23d January, 1861, Received of Messrs. Heathcock and Co. the sum of 150l. on account of the Joseph Howe. GEORGE RUXTON." "London, 26th January, 1861. Received of Messrs. Heathcock and Co. 1, 675l. balance of insurance per loss of Joseph Howe. GEORGE RUXTON."
MR. BRETT. Q. Do you also produce a receipt signed, "Wardell and Co.?" A. Yes; they are insurance brokers in London—in the ordinary course of business, charges are made by brokers in London effecting insurances for brokers in Liverpool—they charge a commission—they generally allow the Liverpool brokers a commission—the usual and proper charges on the insurance of 3, 500l. would be 10 per cent discount—the amount for the charges on that amount would be 18l. 18s.—if Wardell and Co. or any other London brokers effected that insurance, they would charge a commission of 5 per cent, for collecting, advancing, and guaranteeing the amount.
COURT. Q. Do they get that from the owner, or from the Liverpool brokers? A. We have two accounts—Mr. Ruxton has the verbal order—we acknowledge ourselves instructed by Ruxton to insure, and we do it through the agency of our London broker—the 10 per cent, is an allowance made to the owner of the ship provided he pays within a month.
MR. BRETT. Q. Would Messrs. Heathcock have to pay Wardell? A. Yes; I am clerk to them—I do not act as cashier—the payments made by Heathcock go through my hands—I cannot say where Mr. Heathcock now is—I have not seen him since 4th December—this charter party (produced) was effected for Ruxton through Messrs. Heathcock and Co.—this signature at the bottom is Ruxton's—I did not see him sign it—it was executed in London, through Simpson and Co.
MR. GIFFARD contended that this could not be read, unless it was proved that Mr. Heathcock, the attesting witness, was not within the jurisdiction of the Court.
MR. BRETT. Q. Have you inquired for Mr. Heathcock? A. No; he has not been at his place of business—I have been at his house, but have not found him there—I have communicated with his wife, but have not inquired of her whether she knew where he was—I have seen her, but she did not tell me.
CHARLES CARLISLE (re-examined). I have endeavored to find Mr. Heathcock, and have inquired at his place of business, and at his house—I have also made inquiries with other officers—besides inquiring myself, I have instructed other detective officers to inquire for him—I have never been able to find him, or to obtain any information of where he is—he was carrying on business in Liverpool up to 4th December—I saw him at St. George's Hall there; the last time was about six or seven weeks ago—it was after December—I can fix the date by the assizes—I saw him at the assizes—Ruxton was tried at the assizes, and I saw Mr. Heathcock there on the day of the trial.
Cross-examined by MR. SERGEANT BALLANTINE. Q. What inquiries have you personally made? A. I have been across the Mercy five or six times, and watched his house—he lives at Rock Ferry, Cheshire—I have not found him at home—I have also been to thirty or forty places at Liver-pool, and have been occupied fourteen or fifteen days, and have not found him—he has not been advertised, but I know that special clerks were engaged, and went through Wales to find him—his wife told me that he was in. Wales—I am not aware that anything has been publicly done—I began to make inquiries about a fortnight before the last Session here, and have
continued to do so since—I believe his office is open—I cannot say whether business is transacting—I know the door is open.
MR. BRETT. Q. Have you been able to obtain any information of his being in Wales? A. Not the slightest.
CLARENCE ALEXANDER SNOW . I am in the office of Messrs. Loundes and Co. solicitors—I have had the conduct of this case, and sent two clerks from the office, separately, to look for Heathcock, in Wales, for the purpose of subpoenaing him as a witness, but have not been able to obtain any information.
Cross-examined by MR. SERJEANT BALLANTTKE. Q. I suppose you supplied them with subpoenas? A. Yes; I was the prosecuting attorney in Liver-pool—I had Ruxton arrested as he left the dock—I did not see Heathcock it that time, to give him notice that he would be wanted—I knew what I was going to charge Ruxton with, but I do not know that I had well considered it—I do not mean to say that I gave him in custody without having well considered the matter—the charge had been considered—I was not present it the trial—I took no steps personally to get him detained—a warrant against him was obtained in London while I was absent on my holiday in the autumn—I mean that on a warrant issued in London, he was taken in Liverpool on this charge—I was in Court a short time, but was not attending to the case, I was in the Civil Court—I have no doubt the case had been well considered, but I was in Ireland at the time the warrant was obtained—Heathcock's name was not on the warrant—I did not consider him to be an essential witness at that time—I had not personally considered the mode in which the case was to be proved, at the time he was given in custody, but it had been considered—I did not know that Heathcock was to be a material witness, but possibly the firm might—no steps were taken to subpoena him on that occasion, that I know of—no subpoena was left to my knowledge at his house, or place of business, or by my directions.
MR. BRETT. Q. When you came to the conclusion that he was a material witness, did you direct inquiries to be made? A. Yes; and directed Carlisle to look for him—I have never been able to obtain intelligence of him, except that he was in Wales—I sent two clerks there; one was away seven days and the other two days.
COURT. Q. When you were in Liverpool on Ruxton's trial, did yon know that Heathcock was a witness to the charter party? A. I do not think I did—I think the charter party was in the hands of the police or of Mr. Eddis at the time of the trial—the other charge did not relate to the ship at the, but to a ship called the Roscoe—I know of no service of a subpoena on him, either personally, or by leaving it at his residence; nor of any letter "at to his residence, requesting him to attend. (THE COURT considered that the document was admissible, and it was partially read. It was dated 9th November, 1860, between George Ruxton, of the Joseph Howe, and W. N. De Mottos, merchant, agreeing that the ship should proceed to Cardiff to be laden with a full cargo of coal, and then proceed to St. Paulo de Loando, and deliver the same; that three-fourths of the freight should be payable on the final sailing, and the rest by Bill at three and six months.)
JAMES FRASER . I was a partner with Mr. Wardell, of the firm of Wardell and Co. insurance broken, London—we effected the policy on the Joseph Howe a firm—my partner did the insurance—our instructions were received from Heathcock and Co. of Liverpool, and we saw Mr. Heathcock at our office from time to time—I fancy Ruxton was with him at one time when he came about the insurance—I cannot, at this distance of time,
recollect whether I saw Ruxton at our office more than once—these cheques (produced) are drawn by our firm—we collect the insurance—I did not hand these cheques to Heathcock—I know his writing—they are all endorsed by him—this (produced) is an acceptance of our firm, and this is Heathcock's signature—this receipt (produced) is also signed by our firm, and this account, in respect of these insurances and the collection, was made out by our firm.
Cross-examined by MR. SERJEANT BALLANTINE. Q. I do not understand you to say with certainty that you ever saw Ruxton in the matter of this insurance at all? A. I do not think I did—I cannot now recollect from whom I received my directions for the third insurance, or the goods—I have been subpœnaed this morning, only and I have no documents.
MR. BRETT. Q. You say that you have been subpœnaed this morning; has your partner, Mr. Wardell, been taken ill? A. I understand that he fell down stairs, and injured his spine very seriously—these cheques have been returned through our bankers, and the bill also—the documents which have been shown to me are those which I, acting as the agent of the Liver-pool broker, should hand over.
H. W. EDDIS (re-examined). This (produced) is one of the papers given to me by the police as found among Ruxton's papers—Read: "Loss of Joseph Howe, 3, 500l. less commission 175l. Balance 3, 325l. Cash 21st January, 1, 500l.; ditto 23d., 150l. making together 1, 650l. Balance 1, 675l.")—that 175l. would be our charge, as against Heathcock, we divided the account—our share would be half of that—this other receipt (produced) may for 175l. less discount—it is customary to divide the commission—the parties very often do not know that, it is a matter between the broken—we received the 175l. 14s. 6d. on this account—I do not know Ruxton's endorsement.
MAXWELL ROBINSON (re-examined). This bill (produced) bears Ruxton's endorsement—(This was drawn by Mr. Heathcock on 29th January 1861, for 1, 675l. balance of loss by Joseph Howe, accepted by Wardell and Co. and endorsed by Ruxton.)
ALFRED TOZER . I am Secretary to the Universal Marine Insurance Company—I have here the deed of incorporation—on 29th December, 1860, I effected these two policies (produced) on goods in the Joseph Howe by the directions of Wardell, Frazer, and Co.—they are signed by them—this third policy (produced) was also effected by them on the ship—a claim has since been made to me personally, not in writing, by one of the two partners; I cannot tell which at this distance of time—when the claim was made, I received the protest, showing the loss of the ship, and I also received, as regards the two policies on the goods, these two bills of lading; upon which I paid the two policies of 500l. each.
Cross-examined by MR. SERJEANT BALLAMTINE. Q. Would you not have paid it if you had not received the bills of lading? A. No; I received them to prove interest, especially as it is "As per bill of lading"—I do not know the individual who gave them to me.
Cross-examined by MR. GIFFARD. Q. Did you say that you had the protest? A. Yes—I have not got it—I returned it to Wardell, Frazer, and Co.—I took extracts from it.
MR. BRETT. Q. The protest you sent back in the usual course of business? A. Yes—I kept the bills of lading; they are my property—they were handed to me as being endorsed by Ruxton—they are deliverable to order.
COURT. Q. According to the course of business would they be produced
to you when you effected the policy, or do you take that on trust? A. I take that on trust—they are endorsed by the claimant to obtain payment for the total loss.
WILLIAM ARCHIBALD GRAY . I am manager to the Temperance and General Insurance Association—my father received instructions from Ruxton to insure his ship in our company—we are not incorporated—I produce these papers from our office—I know Ruxton's writing—the signatures to them are his—they are instructions for a policy of 600l. on the ship, and 300l. on the freight—those policies were effected, and Ruxton afterwards made a claim on our association for the total loss.
COURT. Q. When you effect a policy yon deliver it out? A. Yes; we do not retain it; but I can prove that the policies were effected, by the books.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Do you mean that you personally served it on him personally? A. Yes; in the prison, and a copy us served on his attorney on 26th January—I did not serve it myself.
W. A. GRAY (continued) I produce, first, the book containing the policy of 600l. on the ship Joseph Howe—it re not in my writing, it was done in the time of my father, who was then manager of the office, he is now dead—these signatures are his writing—I was acting with him for the Company when he was alive—he was acting as secretary to the Company, and my brother and myself have succeeded him as joint managers—the are the books kept between the manager and the Company—when a policy is effected it is the course of business that it is madder to the assured; the copy of it in this book is identical, and it is signed by the manager—after the loss, my father received these two letters from Ruxton, they are in his writing—(These were addressed to John Gray, Esq., the first dated 1 February, 1861, stated that the requisite documents were in closed to lay before the committee for the recovery of the policy on the Joseph Howe, and requesting a credit note an soon as possibly as the writer was anxious to replace the ship; the second was dated 16th May, 1861, acknowledging Mr. Gray's letter of the 15th, and the receipt of 89l. 7s. 11d.)—The policies are copied into this book; 600l. on the ship and 300l. on the freight; both are dated 10th November, 1860.
WM. NICHOLAS DE MATTOS . My firm entered into the charter party that has been proved, and we afterwards made the advance that has been mentioned in it—we paid 1, 161l., three-fourths of the freight, that would leave 387l. to pay, on the delivery of the cargo at St. Paolo de Loando, on the west coast of Africa—I never received any freight from Ruxton for goods shipped by him—I was not aware of any shipment of cargo by him—I never authorized him to ship cargo on his own account.
Cross-examined by MR. SERJEANT BALLANTINE. Q. I suppose things of that kind are done daily? A. Not without leave granted by the chatterer—I think we were entitled to the entire hold of the ship—we should decidedly object to the captain adding something if there was room—in sanding anything on his own account he was acting improperly—he might put anything m the cabin, but I consider that there was a demise of the entire hold—the coals shipped would be a full and complete cargo, they would take up the tire space, and give a full dead weight.
COURT. Q. If the ship was not full, still it was as much as she could carry with safety? A. Yes; if she once had her proper complement of dead weight on board, the rest would be over-loading.
Exmouth—it is not a chartered association, it is registered as a mutual body—I received instructions from Ruxton to insure his ship in our club, and I accordingly effected these two policies, dated for the risk to commence on 10th November, 1860, one for 400l. and the other for 200l. on the ship Joseph Howe, not on the goods—Ruxton afterwards applied to me for payment of these policies on the total loss—I paid him, and he gave me these receipts—(These were two receipts, one dated March 28th 1861, and one dated 31st August 1861.)—they were paid at different times because, being a mutual body, we collect the amounts—we call upon the persons liable at certain times after the loss—we stipulate for that in the policy.
REGINALD SGAIFE . I was formerly secretary to the Victoria Marine Insurance Company—I received instructions from Wardell, Frazer & Co. and effected this policy (produced)—it is dated 2d January, 1861—I do not produce any receipt from Ruxton for the amount, but a claim was afterwards made upon us on this policy by Wardell, Frazer & Co. and we paid the amount to them—when I pay a policy I endorse it—this is my signature to the endorsement on this policy—I can undertake to say that upon this policy there was a settlement by our office of the full sum of 500l.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Do you mean that you personally paid that amount? A. No; I said that it was paid—I was not present when it was paid—I endorse the memorandum on the policy that it is settled in full—the signature to the endorsement is in my writing—that is a recognition of the claim, and I consider it a payment, because I should not make a second settlement.
MR. MOCULLOCK. Q. Did you at the same time receive instructions from Ruxton to take a policy on the ship for 1, 000l.? A. I received no instructions from Ruxton, I received them from Messrs. Wardell—there have been changes in our office so that I cannot find those instructions—I retired from the office after that policy.
MR. SERJEANT BALLANTINE. Q. Kept by whom? A. By a man named Sprange, not now in the office—all I have done is to look at his entries and then make a search—besides what appears in this book, I know the nature and character of the policy by the copy in the office—I have not got the copy here, it is entered in the copy policy-book—I did not know that it would be asked for; it is at 3, Thread needle-street—we do not keep a duplicate of the policy, but we keep a policy-book, and besides that we have a risk book.
MR. BRETT. Q. Is this (produced) a copy of the policy? A. Yes; it was not made by me—(The policy-book was sent for)—a claim was made by Wardell & Co. for 1, 000l. on the 1, 000l. policy, and a claim for 500l. on the 500l. policy on commission.
H. W. EDDIS (re-examined). I found this letter (produced) among Ruxton's papers.
MAXWELL ROBINSON (re-examined). This letter is Ruxton's writing—I know that he has a son named William—(This was partly read, it was dated London, January, 1861, and commenced "Dear William'—it stated that the Joseph Howe foundered in a heavy sea, and that the crew were taken off by another ship; that he was well insured, 4, 000l. on the ship and freight, and 1, 000 on the goods, all in good offices, and expected to get 3, 500l. on the Wednesday or Thursday following).
RICHARD COLLINS SMITH . I am one of the firm of Smith, Simpson, and Co. ship and insurance brokers, London—on 14th November, 1860, I effected this charter party (produced)for Mr. Ruxton on the Joseph Howe with Messrs. Gabriel & Sons—this is Ruxton's signature to it.
MAXWELL ROBINSON (re-examined). This is my signature as the attesting witness to Mr. Ruxton—(This charter party was dated 14th November, 1860, between Ruxton and Thomas Gabriel and Sons, and agreed just after the ship had discharged her cargo she should proceed to another African port to be laden with a full cargo of square pitch-pine timber for the homeward voyage; one-third of the freight to be payable in cash on her arrival and the other half by bill).
RICHARD COLLINS SMITH (continued). We as brokers advanced Ruxton 600l. part of the freight on the charter party—the terms were that we should cover ourselves by insurance, the expenses of which Ruxton was to pay; he was to insure us—on the loss of the ship we received the insurance, and he kept the freight which we had valued, so that if the freight was not properly carried, we were to be insured by him, and were to get it back on the policy—we were so far insured by Ruxton that he paid for it—he pays the expense, and upon a loss we receive the money from the under-writers—that was done.
MAXWELL ROBINSON (re-examined). This letter (produced) is Ruxton's writing—(This was dated 13th November, 1860, to his son William, stating that he purchased the barque Joseph Howe, in London, last Friday week, for 2, 000l., and that she left for Cardiff on Sunday morning to load coal there for St. Paolo de Loando).
ALEXANDER BRAND . I am a sailor—I joined the Joseph Howe in Cardiff, about 7th December, 1860—Ritchie was then the master—the ballast was then partly out of her, she was not then ready to load with cargo—two or three days after I joined the ship, Ritchie left, and I then for a few days acted in command of the ship—she was afloat in the East Cardiff Dock when I joined her, and was making a little water, but not a great deal—she made water during the time we were at Cardiff and just about the same thing all the time I was in her—this letter (produced) is my writing—I posted it to Mr. Ruxton myself—I wrote it at Cardiff—I see an account in it of the water the ship was making—on Friday, at 5 P.M. she was pumped out—she was then discharging her ballast in the inner dock, which is eighteen or nineteen feet deep, and in the state she was with her ballast half out, she drew twelve or thirteen feet—when we pumped her on Friday night, I see by this refresher here, that she had eleven inches and a half of water—I remember pumping her every night and morning.
MR. SERGEANT BALLANTINE. Q. If you had not seen that letter, should you have any memory on the subject? A. I could not mention it within an inch or two—I think I joined the ship on Thursday.
MR. BRETT. Q. Did you pump her on Saturday? A. Yes; I do not remember what water was in her then, only by this document—(Looking at the letter)—there was 2ft. 7in. of water in her on Saturday at 7 o'clock in the morning—we had pumped her at 5 o'clock on Friday night; that shows that she had made water between 5 o'clock on Friday night and 7 o'clock on Saturday morning—Ruxton came to Cardiff while the ship was there, more than once—he was there while the cargo of coals was being shipped—I received the coals; it was my duty as mate—I received the ship's stores—they came down by the railway, and I received them from the railway—I was up at the railway station—I also received some beer on board, and some demijohns—I cannot exactly tell you the amount, but I gave a receipt for them as mate—I received
some things on board which did not come by railway, which had miscarried by railway—this (produced) is the paper I signed, it is an account of the goods I received by railway—I signed it when they were delivered at the pier-head—this includes the stores I have spoken of—I did not sign the other paper; it is signed A. W. White, but it was included in the other—this paper contains all the beer that I received, as far as I remember; there was one cask which miscarried—I got no more articles by railway excepting one cask—we received the demijohns by railway, and there was a good deal of potatoes, three, four, or five tons; I gave a receipt for them—we used those potatoes as far as we could—I also received turnips and vegetables—when Ritchie left, I acted for a day or two—the captain joined a week or ten days after Mr. Ritchie left—Bertie was acting just at the finishing of the loading; he had joined the ship before she left Cardiff—Mr. Ruxton was at Cardiff when Bertie was there—we sailed from Cardiff on 24th December—there was not such a material leakage in the ship; for the first two days there was no increase that I could notice, from what there was when she lay in the docks, but she was leaky—when you have other work to do sometimes you have to leave the pumps for three or four hours, and sometimes for eight—I cannot exactly remember how she was on the third day—we quitted her on the second day of the year, between Ushant and Scilly—we left her because she was nearly full of water—she went to the bottom, I should say, six hours afterwards at the farthest, but I did not see her—the was abandoned—she was in a sinking state when we left her; we had been pumping her for four or five days of constant work, for the purpose of keeping the water down—sometimes the water was up to four or five feet, and sometimes it was down to three, according to the pumping—there was seven feet when I sounded her last—at the place where we left her, I went on board the Indus with the captain and the crew—that is a place where ships are constantly passing—the Indus was a homeward bound ship from Madras.
Cross-examined by MR. SERGEANT BALLANTINE. Q. Was this the old leak, or a new one, that she sprung? A. It must have been a new one, because she made more water afterwards—I cannot say whether she sprung a leak in any other part, or whether the old one opened again, but we got her repaired as well as we could where the old leak was—she was properly repaired, in my opinion, to go on the voyage to St. Paulo—I had no interest in her, nothing but my wages, which were 6l. a month—the voyage was for nine or ten months—we should have been about eight weeks going to the coast of Africa—if I had seen any danger I would not have gone; in my opinion, there was no ground for apprehension, I was not afraid to go in her; I do not know whether the leak was known to the crew before leaving; the carpenter came and joined the ship, he had been the voyage in her before—he apprised us where the leak was, and we got it repaired—that carpenter had been the same voyage when she was under different master and owners—he pointed out where the leak was, from his former acquaintance with the vessel—he never had the chance to ship for the voyage, because he was taken sick; he did not sign articles, he had not the chance, he died—I suppose that if he had lived he would have gone out in her; he was going the voyage—the ship Bank about sixty miles from Scilly—it was not very bad weather, we had some severe weather between Cardiff and Scilly—it was what I call heavy weather, very bad weather—new pumps had been put on board, and patent wheels to turn the handles, which makes it easier for the crew—it enables more work to be done, with less trouble—the captain appeared
to attend to his Teasel properly, as far as he was able, but he was sick—there was nothing that I know of which rendered it improper to start from Cardiff—if the vessel had foundered in that weather, and we had been obliged to take to the boats, we should have been in extreme peril—the Indus came close alongside—I would not have minded being in the ship another day, but it was not prudent—I do not think she could have been saved; everything that could be thought of, and which I, as a mariner, could suggest to Rave her, was done—I was never at St. Paulo, but I have been close to it—I know that captains are in the habit of baring a little venture of their own—I do not know whether the potatoes were ship's stores, or whether they were taken out as a speculation; there would be a large quantity for ship's stores, but not a large quantity for a venture—I do not know of any flour going out, I cannot say whether it, did or did not—there were some pickle jars, and a good quantity of preserved salmon, which I signed for—there was also a good quantity of perfumery; that was not for the sailors; there was a large case of it, and I think there was another case; there was one case of perfumed soap, and another of perfumery of another kind—I do not know whether there is a good return for perfumery on the coast of Africa—I was never out with Burton or Bertie before.
Cross-examined by MR. GIFFARD. Q. You say that you were sixty miles from Scilly? A. Yes; as near as I can guess—we had been running for Scilly for two days before that—the captain consulted me as to whether it would not be prudent to bear up for a port, instead of continuing the voyage—I do not remember the exact date when the captain joined; it was more than three days before the vessel started, five or six days, at any rate—I cannot say whether he joined before the 20th, but I think it was about the 19th or 20th.
MR. BRETT. Q. You say that there was bad weather between Cardiff and Scilly; were any of the ship's spars carried away? A. No; but some of our spare spars were washed adrift, which were lashed on board, some of our bulwarks were knocked in, and the longboat, which was lashed amidships on deck, was knocked down on the lee side, and washed adrift—we did not lose her; that was not when we were lowering the longboat, it was before we bore up—I do not remember what water was in the ship when we bore up; the men were in mutiny nearly to bear up, because the ship was making so much water, and so much water was washing over her—we had gone 300 or 350 miles to the south-west, on the other side of Scilly—before we bore up we were making the proper course out to sea; we were in the course of ships homeward and outward.
COURT. Q. When you left Cardiff did yon sail in company? A. Nothing particular, but there were ships leaving with us—we saw a great many ships between Cardiff and Scilly, taking the same course that we did—we bore op for two days, through distress of weather, but the other vessels prosecuted their voyage—we were out nine days between Cardiff and Scilly before we left the ship, and were two days bearing up, running back to a port, and out of our ordinary course to St. Paulo—we saw several vessels running the tune course along with us, but I do not know whether they were homeward bound vessels; no vessels which left Cardiff, to my knowledge, came backWith us.
JURY. Q. When you left Cardiff, did you consider that the vessel was too deeply laden? A. She had rather too much cargo in her—neither the crew nor I complained of that—no complaint was lodged by the Dock-master, or anybody that I heard of—the long boat was disabled when we left the
ship—the first boat we put out was quite right, but she was stove going alongside the Indus—the long boat was stove before—the vessel was not finished loading when Captain Bertie joined, but she was partly finished—he had no means of knowing what stores had been put on board before he came—I know no means which the captain would have of knowing what goods were put on board, excepting his own shipment, but from me—it was my duty to receive the goods and sign the receipts—I do not remember the captain inquiring of me what goods had been received, before he signed the bills of lading, but I gave him all the receipts for the goods which had come—there was no appearance of the captain being ill before he joined, to my knowledge.
CHARLES PIMM . I am a rigger, of Cardiff—I took a contract from the prisoner Ruxton, to get the ship ready for sea, and was on board the Joseph Howe at Cardiff, from 18th till 24th December, when she sailed—I was in the hold at different times, and had the opportunity of seeing what cargo was on board—in addition to the coals and demi-johns, I saw about 100 casks of beer on board, and about seven or eight barrels of flour—I saw no other flour on board—I pumped the ship—I cannot say how fast she made water—I pumped her one day for five or six hours in dock—I did not pump—I was to take in these things, and do everything necessary to make her fit for sea—I am not a shipwright, nor do I act as one—I had nothing to do with the hull, only as to the rigging.
Cross-examined by MR. GIFFARD. Q. You bent some new sails? A. Yes; four—I did not send any mast or spars—my bill altogether was about 7l. 10s.—I did not put a new caboose for cooking—I do not know who did.
WILLIAM PARRY . I was employed as night watchman on board the Joseph Howe at Cardiff, and was also employed by day to check the receipt of the stores, and all that came on board—I had opportunities of going down into the hold and seeing what was in the ship—besides the coals and the demi-johns, there were about 100 barrels; I cannot say whether they were all beer—there were also six or seven barrels of flour—I saw no other flour on board for stores.
Cross-examined by MR. GIFFARD. Q. Have you any note of these thing that you saw carried on board; any memorandum? A. No—I have been night watchman to a great many vessels in the Bute-dock, Cardiff, since that—I am employed constantly—I took a note of the 100 barrels, but have got no memorandum in writing about them at present.
THOMAS SNOW MILLER . I am the collector of customs at Cardiff—when a ship goes to sea, the captain produces to me the clearance of the ship—that is called the Content, and it should always contain the description of the cargo on board—the agent to the broker to the ship, makes it out, and the captain signs it by declaration—there is a searcher of the Customs, who searches the ship previously—the declaration is the final clearance—if the whole contents of the ship were not in, it would be illegal to clear her—I clear her in point of fact—the clearance is made out, and the master declares it before me—I take it as a Magistrate would, and then sign it—the old form was a Custom-house oath, as it was termed—this is the Content of the ship Joseph Howe—this is my signature, and the master's—I keep these papers—I do not keep all the papers that the broker prepares, and the master brings to me, and I attest—they are not exactly duplicates, but they refer to these—this refers to the bills of lading—he declares that three bills of lading contain the whole of the cargo, and, as his clearance, I give him a document containing all the essential parts of this, signed by
me, and he produces that to the Consuls if he should put in on his voyage—this document in Latin is a bill of clean health—the content is the one that contains the amount of cargo—I keep these papers at the Custom-house, and have produced them—at the time the ship was cleared. Bertie forwarded me these three bills of loading, according to the statute—the clearance was quite regular in point of form—they are signed by my searcher—when he searches the ship, he signs the bills of lading, to say that, he has done so—he is answerable for that—I produce them from my office—they are either signed by Bertie or by somebody for him—it is by declaration they should be signed by him—I do not think Ruxton was present at the clearing of the ship, but he was within the precincts of the town.
Cross-examined by MR. GIFFARD. Q. Does the captain or owner very often ask for a drawback in respect of the stores? A. Yes—he asks for stores, out of bond, but wine would have a drawback—he gets that out of a bonded warehouse, being goods which have not paid duty; they are not for consumption in this country—in order to do that a request is made out—I have to look after it, to see that the articles are such in amount as are correct for the Toy age, and before such stores are granted, I have to form a judgment upon it by calculation—the technical name of the document is a request note.
COURT. Q. He makes a request to you, and if you are satisfied with the quantity, you make out the order? A. Yes—they sometimes ask for more than they ought—a man on board would not give them up without an order—I have no doubt that in this case, stores were taken out for the Joseph Howe.
WILLIAM SAMUEL JENKINS . I am searcher at the Custom-house, at Cardiff—I searched the Joseph Howe in reference to a drawback made for beer and wine—I found on board ninety-three packages of beer, and twenty cases of wine—drawback was claimed on both—I saw no other wine or beer on board—I did not search the ship for bonded stores.
COURT. Q. What was the drawback claimed on the beer? A. That was for Inland Revenue, and that on the wine was for the Customs—the ground on which it is claimed is the duty to be returned if they are exported from this country—the beer was sent down to Cardiff, but the wine was out of a bonded warehouse—there was nothing exported from Cardiff—this is something different from anything which was exported at Cardiff—he said, "I have got a certain quantity of wine or beer on board, upon which the duty is paid, and now, upon exporting it, I claim a drawback."
Cross-examined by MR. GIFFARD. Q. Is that drawback allowed in consequence of its being ships stores? A. No; cargo—we make no difference—he would still be entitled to the duty, whether it was cargo or stores—it appears on the content whether this was claimed on cargo or stores—if it was on stores, it would not appear on the content, but on the victualling bill—there is a mention of similar stores on the bill of lading.
MR. BRETT. Q. Stores are taken out of the bonded warehouse? A. Yes, the duty not having been paid—the beer which I switched for, is mentioned in the bill of lading on which there is drawback.
COURT. Q. According to the best of your judgment, there was no more than ninety-three packages? A. Nothing more—I ascertain the number of packages and I open a portion of them—I only went to see if the packages corresponded with the entry, and did not search to see if there was more—I not recollect whether any more was pointed out to me.
time as Portuguese Vice-Consul—St Paolo de Loando is a Consular port, and was in my jurisdiction—when a ship is to sail for that port, it is necessary that the captain should produce a manifest of his cargo to me, and also the bills of lading; and it is my duty to see that they agree—I then take a copy of the manifest, hut not of the bills of lading, as the contents of them are copied into the manifest—I keep one manifest, another is sent to the collector of customs at St. Paulo de Loando, and one is given to the captain to take, open; on the arrival of the ship, the cargo is checked by the manifest which I have forwarded—I believe Bertie cleared the ship, Joseph Howe, before me—this (produced) is the manifest kept by me—it is signed by the captain—these (produced) are the papers which I gave Bertie—I also sent a copy to St. Paulo de Loando.
COURT. Q. Can you tell me the reason for that role? A. We keep a copy, because at the end of the year we are obliged to send a return of the vessels and their cargoes—we should not be able to make out our reports unless we kept a copy—one of the reasons is, that the government of which I am Consul, prohibits the importation of certain goods, and I give this as a permit for the discharge of the goods—it goes with the ship, sealed up—it is the custom to send it by the ship—the post would be a speedier way.
MR. BRETT. Q. Are these the papers which he ought to take out to St. Paulo? A. Yes—the captain takes out one set sealed, but not enclosed in anything, and the other loose.
H.W. EDDIS (re-examined). These papers were found with Ruxton's papers.
RICHARD REES TODD (cross-examined by MR. GIFFARD). Q. I do not know whether you can tell me who the broker was who managed this ship? A. I do not remember—I have heard since that it was Mr. Carroll—there is a Mr. Carroll, a ship-broker, at Cardiff—he was alive and well when I saw him last—I have not seen him to-day—I last saw him, it may be a fortnight ago, he was then alive and well.
JULES VAN TROYEN . I was clerk to Mr. Carroll, a ship and insurance broker at Cardiff—he was broker for the Joseph Howe, and I acted for him entirely—he entrusted the affair to me—I did not clear the ship at the Custom-house myself—I signed the bills of lading for Mr. Carroll—those bills of lading so signed by me, and sent into the Custom-house, represent the whole of the cargo.
Cross-examined by MR. GIFFARD. Q. When did you first take the management of the Joseph Howe into your hands? A. When the ship arrived it Cardiff—Mr. Carroll has an extensive business—I left his service five months ago—he keeps books, but there is no book for the shipping that will show the dates of the transactions—I acted for two characters—they consigned the skip to Mr. Carroll—for the Custom-house business—Knowles and Foster (mentioned in the charter party) are merchants in London—Ruxton first asked me to clear the ship, in the month of December—I do not exactly know the date—I did not get the clearance myself, Gasconade got it—he is here—I instructed him to make the bill of lading, according to the contents of the Custom-house bill of lading—when we took the copy of the bill of lading at the Custom-house, we did not see the captain, and I had nothing to do with it Gasconade made the bill of lading, not I—I have never seen the signature to it, but I come to that conclusion by examining the bill of lading with the contents—I checked it with the contents.
COURT. Q. You represented Carroll and acted for him? A. Yes; and I
took charge of the ship's cargo, there being a small matter of ship's stores and cargo—I acted in that as well.
MR. BRETT. Q. Was Mr. Carroll the ship-broker in the ordinary way? A. He was; and I acted in the ordinary course—the captain does not bring me bills of lading of all the cargo shipped—he comes and signs the bills of lading in the office—all the bills of lading pass through the hands of the ship-broker—nobody acted at ship-broker but Mr. Carroll.
Cross-examined by MR. GIFFARD. Q. You only prepared the Custom-house copy of the bill of lading? A. That is so the broker makes out this copy for the Customs—I do not know when the bill of lading was presented to the captain for signature.
EDWARD FROST . I am manager of the goods department of the South Wales Railway station at Cardiff—all goods are entered in the inwards-goods book, which I produce—it is not in my writing—the clerk in the office who wrote it, is not here—but I see the book from day to day, to see that it is properly entered and carried out, to see that the clerk does hit work—I do not see all the goods—I do not see them in the ordinary course of business—I have brought the book to prove what is received at the station.
COURT. Q. You see this book from day to day? A. Yes—it is not compared with the delivery-book by me, but I see that it is compared—two clerks make out the delivery-book—(The Court considered that the book could not be admitted as evidence).
DAVID RICHARDS . I am contractor to the South Wales Railway-station at Cardiff—I delivered certain goods from there to the Joseph Howe—I produce receipts for their delivery—I took them to the wharf—they are signed by Alexander Brand.
COURT. Q. I suppose this bill is made out by somebody in your office? A. Yes; the coarse it for me to take a book when I deliver them, and a paper, and he signs the book—the paper is for me to receive the money from the brokers—it is signed by Brand, without which the broker would not pay.
CHARLES COLLINE . I was clerk to Messrs. Smith, Simpson, and Co.—I know Ruxton—these bills of lading are both filled up by me—I may have filled up the bills of lading from this paper, but can t speak positively—it was about the time of the ship sailing—the date is December 24th—I can't undertake to say that I filled them up on that date—it was not on that date—my firm is in London—I went into the country at Christmas-time, before Christmas-day, and returned on 8th January—I can't remember whether I filled up those bills of lading before I left, or after I returned; but I filled them up in the office—I went into the country on the Saturday previous to Christians-day—I think Christmas-day was on the Tuesday—I still cannot say whether I filled them up before I went into the country, or after I returned.
COURT. Q. How came you to fill them up at all? A. In the ordinary course of business they were given to me, and I filled them up—I had nothing to do with the shipment of the goods—the bills were given to me to do—I forget who requested me to do it—I had nothing to do with the goods, merely as a clerk—the firm chartered the ship—they had nothing to do with the shipment of the goods that I know of.
MR. SLEIGH. Q. Did you know Mr. Ruxton before? A. I knew him from his coming to the office, since he came on business there—I have left the office since.
MR. BRETT. Q. Have you any belief as to who told you to fill them up? A. No; I fancy it was Mr. Smith—I do not recollect the circumstance at all.
COURT. Q. Was there not a second charty-party entered into; did your house charter the ship for her second voyage; had your house anything to do with effecting the charter for Mr. De Mattos? A. She was chartered through, I believe—the signature to this paper (produced)is the signature of the firm of Simpson, Graham, and Co., and is signed by De Mattos as the attesting witness—our firm chartered the ship—I do not know specially whom they acted for.
ROBERT FOX . I was from 1859 to 1862 in the employment of Mr. Ruxton—I left for a short time, and returned in March, 1861—these two bills are drawn by James Bertie—I know his writing—they are his writing—they are accepted by George Ruxton—the signatures to these other bills are in Ruxton's writing—they are advising the bills to the Union bank—the signatures to these bills of lading are Bertie's, the captain of the Joseph How—the name of James Bertie, attached to this content, is Bertie's signature—I see Bertie's name on the back of these two bills—that is his writing.
Cross-examined by MR. GIFFARD. Q. Have you any doubt about that bills? A. No.
THOMAS SMITH . I am a detective officer of the borough of Liverpool—I took Bertie into custody at Falmouth, on board his ship—I told him he was charged, with George Ruxton, with conspiring to defraud the underwriters, by losing the Joseph Howe—he said, "Yes, she was lost;" and sat himself down on the sofa; he then said, "I did a bad job when I signed those blank bills of lading"—I asked him if he had any papers connected with the Joseph Howe—he said, "No, I think not"—I described them, searched the place, and found some papers, which I afterwards showed to him—I took him to the office of Messrs. Fox and Co.—I there read a letter addressed to him—he read it, and I then took it from him—I read this letter to myself, and said, "Is it true that Ruxton owes you that large amount of money for arrears of wages?" meaning the sum mentioned in the letter—he said, "No; he never owed me a shilling in his life"—it was after he had read that letter that I asked him that question—(Letter read: "Liverpool. Dear Bertie, the detectives are after you for the loss of the Joseph Howe, Mr. R. is in gaol for the same. They know of your receiving two bills, amounting to 400l., which you must account for as follows: 150l. insurance on effects, 130l. profit on goods on spec, 1201. balance of an old account, and wages; also expenses from Newcastle, board and lodgings at Cardiff and London, which sums amount to 400l.: abide by these instructions, and all will be right Sorry for poor Wylie. Destroy this immediately, or any other document relative to the said ship. Yours truly, A well-wisher.")
Cross-examined by MR. GIFFARD. Q. When you took him to the office, was it for the purpose of his receiving that letter? A. Yes—I first knew of its being there about 20th November, three weeks before, but I never saw that letter before—I took him there for the purpose of receiving a letter—I had received intelligence of it from Superintendent Julian of Falmouth, who is here—I told him I thought it would be better to call, because there might be a letter for him, and we did so—I was here last session—I was not here when an application was made to postpone the trial; I know that
it was postponed—I know that part of the terms of the postponement were that Bertie should go out on bail—bail was given at Liverpool—I objected to the first bail tendered, and kept Bertie in gaol ten days—I passed one bail—I knew that the object was that he should go out on bail to prepare for his defense.
MR. BRETT. Q. Did You object to one or to both the bail? A. To one—the Magistrate inquired into the sufficiency of that person and rejected him—I did not object to the other one—a respectable person was afterwards offered and accepted—I had nothing to do with sending the letter—I had never seen it before I took Bertie there.
COURT. Q. You had a suspicion about that letter, of course? A. We inquired at Lloyd's agents, and at all the places, if any letter were left there for him.
CHARLES CARLISLE (re-examined). When I took Ruxton's papers, I found a parcel of them tied together with the words, "Joseph Howe" on the back—I delivered them to Mr. Ellis in the state in which I found them.
H. W. EDDIS (re-examined). In the course of my business as an accountant, I have had great opportunities of learning the mode in which mercantile business is carried on—it is necessary to a certain extent in my business that I should be acquainted with the ruling prices of different commodities—I was employed in this case to look into Ruxton's papers, and books—I received them from Carlisle—amongst others I received a parcel of papers tied up and ticketed "Joseph Howe"—I found there a number of invoices, which I produce—I have compacted those invoices with the delivery tickets of the railway porter, and have a statement here showing the small points in which I have not been able to make them correspond—they do correspond, but with some trifling exceptions—I find hers two barrels and one tierce of sundries, four chests, and one trunk, received at cardiff, which I cannot identify with the goods received by the invoices—they are in the railway accounts, and I cannot find corresponding invoices—there are invoices for small goods, which, according to the ordinary course of business, would be packed in barrels and tierces to be sent by the railway—those small articles do not appear in the railway receipts—there are invoices for small articles in the railway accounts, barrels and tierces, otherwise they correspond exactly—among the invoices I find some for beer—I find an invoice for 200 dozen quarts of pale ale, packed in fifty barrels, of four dozen each; 301 dozen pints of pale ale, packed in forty-three barrels of seven doze each; thirteen barrels marked R in a diamond, containing fifty-two dozen quarts of London stout; that makes ninety-three barrels, besides the thirteen of stout—I find no other invoices for beer—I believe a certain quantity of porter is taken as ship's stores—there is no mark in the invoice to the ninety-three barrels—I have seen the bill of lading which was presented to the company—I have searched all Ruxton's papers, which were delivered to me, for invoices, but did not find any number of invoices which would make up the 800 dozen—there are a number of invoices and small accounts for amounts of 2l. or 3l.—I see on one side an account of the goods, and on the other side the prices are carried out—I see a word here which may be "tons" or "tierces"—assuming it to be "tierces," it is quite impossible that the prices could be the prices of those goods; it would be quite impossible to put one ton of cabin biscuits in a tierce, and supposing it to be "tons" the price could not correct, because the price given, 30l., would be approximating to the price of a ton, it would be rather above the price of a ton of cabin biscuits, rather au excessive price, and the same with the
other items—they are in the same category—the same remark would apply to the cabin biscuits and navy biscuits, the split peas, rice, and barley—the flour would be about the price, about 2l. a barrel, or rather over—I have found amongst Ruxton's papers the accounts of the repairs done to the ship—there is an account of some repairs done in London before the vessel sailed for Cardiff, of I think 124l—I believe the vessel was put into the gravingdock—here is an account of 4l. 14s. 3d., for repairs at Cardiff, from Bachelor Brothers, there—there was also a small account of Mr. Rumbelow's, for repairing the pumps:—the account was among the papers that were handed to me—I have not the account here, but I find the amount is ten guineas—I do not think there is any other account besides that:—I produce an account of a payment is Bertie—I find this, "Please pay per Captain Bertie, 10l., and charge the same to same to my account, G. Ruxton"—it is an order on Mr. Carroll, dated 22d December, 1860—I also find a receipt signed, "James Bertie," "Received of Mr. George Ruxton 7l., as wages, as master of the barque Joseph Howe"—those were not pinned together; that was only done for the purpose of convenience—I also find an account of Mr. J. P. Carroll, the broker of the vessel, in which was enclosed an amount of 10l., paid to Bertie as captain of the vessel.
Cross-examined by MR. GIFFARD. Q. Was this vessel re-classed In London? A. I believe she was—I have had some experience in shipping matters—it depends upon the class whether it takes a good deal of money to re-class a vessel like the Joseph Howe—(she was put into class A.E. 1, I think)—that is a point upon which I have no practical experience—I do not know what sum would be expended to get her re-classed—whether porter is usual in ship's stores, depends upon the liberality of the owner, and the length of the voyage—I believe this was a voyage of eight months, out and home—she was chartered for a round voyage—I never heard of St. Paolo de Loando till now, and know nothing of the customs of that port, or of the African trade—I cannot tell you whether the Merthyr steam coal is one of the great things that steam shipping desires—I do not know the nature of the coal at Cardiff, and I have had no experience of the trade to the west coast of Africa—the biscuits I had to value, are called navy biscuits which are usually supplied to vessels.
COURT. Q. What did you do with the papers after you received them? A. For a considerable time they were in the detective office at Liverpool, not in my custody—it was about 2d or 3d December that I searched the papers tied up and labeled "Joseph Howe"—they were two or three weeks in the office of the detectives, till the end of September; they were not taken from that office at all—they were handed to me there, and I went backwards and forwards to that office for three weeks; they remained there for the purpose of my examination—an application was made in London for a warrant against the prisoner—the papers were then given into my custody, and I brought them up to London for the purpose of getting that warrant—they remained in my custody, and I returned them to the detective office, in Liverpool, tied up as before—since that they have been in the hands of the attorneys for the prosecution—they have been in my possession ever since, with the single exception of their being at the office for my inspection, and since that in the hands of the attorneys—I can say that when I first received the papers these documents were among them.
MA. BRETT . Q. When you speak of the detective offices in Liverpool, are they the Corporation offices? A. Yes—when I wanted the papers, I applied for the key of the office in which they were locked up—I inspected them and afterwards banded them over to the attorney, and I gave them to
the policeman to put them where they were before—I was in the habit of getting the key from the chief clerk, Mr. Featherstone, of Liverpool—I can undertake to say that before the papers were removed, these papers were among them—I never saw Ruxton in my life before the inquiry at Liver-pool.
MR. GIFFARD. Q. I will just ask you a question upon that; hold that account in your hand, you see the first figure is thirty barrels, do not you see that it has been thirty-five, and that thirty is written over it? A. I think it has been twenty-five, if I am right—I am looking at it carefully.
Q. Do you see that it is carried out thirty-five in the corner in pencil? A. I think it is thirty in the corner—I see these words, which are either "tons" or "tierces"—I think the "n" is like the "n" in "cabin"—I should read it "turns"—it is not the best writing, and taking it as bad writing, I take it to be "n"—this little mark below the level of the "n" I take to be a defect in the paper—I am looking at it very carefully with a magnifying glass, because there is a little break—it is not very easy writing to decipher, but to the best of my judgment the word is "tons."
JURY. Q. Will you undertake to say that the paper is in the same state now as when you found it? A. Certainly—I never looked at it so minutely before as I am doing now.
MR. BRETT. Q. Have you done any thing to it? A. No—the pencil marks inside are exactly as they were, and all except the word "memorandum" outside—if the word be "tierces," I am still of opinion that the prices are perfectly absurd; it is impossible.
THOMAS PARKS (re-examined). I believe these papers art in Mr. Ruxton's writing—I do not know whose the pencil marks are, but I can say that they are not Ruxton's—the writing in ink is Ruxton's, but the pencil marks are not.
W. L. FRY (re-examined). I now produce the policy-book from the Victoria; it contains the copies of the policies.
NOT GUILTY .
NEW COURT.—Thursday, February 5th, 1863.
Before Mr. Baron Channell.
MR. GIFFARD, for the prosecution, offered no evidence.
NOT GUILTY .
MR. DICKIE conducted, the prosecution, and MR. ORRIDGE the Defense.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Thursday, February 5th, 1863.
Before Mr. Common Sergeant.
PLEADED GUILTY .*— Five years' Penal Servitude.
There were three other indictments for burglary against the prisoner.
409. WILLIAM WHITEHEAD (23) , Stealing, whilst employed in the Post-office, a post-letter containing 2 sixpences and 12 postage-stamps, the property of Her Majesty's Postmaster-General; to which he PLEADED GUILTY .— Four Years' Penal Servitude.
410. ADAM ANDREWS (39), PATRICK DONOVAN (20), TIMOTHY MALONE (20), and JEREMIAH BRYAN (20) , Robbery on Thomas Nennis, and stealing 1 pocket-book, and other articles, his property. Second Count, charging the like offence upon a person unknown.
MR. DALEY conducted the Prosecution.
JOHN ROBINS . I am a private in the 3d Buffs—on the morning of the 6th January I was in the Blue Boar public-house in Rosemary-lane from about 2 until about a quarter to 3—that was after midnight—while there I saw Thomas Nennis and the four prisoners—I heard Malone say to the prosecutor, "I have paid for a quart of beer for you to drink, and it is nothing but right that you should pay for one for me before you leave the house"—the prosecutor said he had drunk no beer of his, and therefore he should not pay for any for him—there was then a disturbance between the prosecutor and Donovan—he struck the prosecutor—the landlord then turned out Donovan and Nennis—I did not notice which way they went—the remaining three prisoners followed them—I then left house, and was on my way across Tower-hill—I was crossing the top of King-street, and I saw Nennis and the four prisoners; one on top of him, and he down on the ground—Andrews had hold of Nennis by the throat—I took hold of Andrews, and struck him, and knocked him up against a shop door, and he was bleeding at the mouth at the time I gave him into custody—I went over again and I saw Donovan rifling the man's pockets—I said I would not let him loose until such time as I gave him into custody—I then saw Malone putting his hand into the prosecutor's left-hand breast coat pocket, and taking from it a pocket-book—I saw Bryan standing at the feet of Nennis; I cannot say whether he was getting any money from him; he was there implicated in rifling him—I afterwards spoke to the police—I saw Malone in custody at about half-past 3—two men made their escape just at the time the row was; the other two were collared.
Cross-examined by MR. RIBTON (For Bryan). Q. What time in the morning was this? A. Between a quarter-past 2 and a quarter to 3—I left the public-house about that time—it was about five minutes after that, to the best of my opinion, that the row took place, or ten minutes—it was very near 3 o'clock—it was in the public-house the row was going on—I found them there when I went in, at 2 o'clock—I had been drinking, not anything out of the way—I was not drinking with anybody; I was drinking by myself—I joined the Army on the 22d of July, 1852—I have not been to Bryan's
mother's house since this occurred—I have not taken tea there—the whole four prisoners remained in the house the whole time—I do not mean to say they all left the house together; I said Donovan and Nennis went' out, and the other three followed—I mean to swear that when Donovan and Nennis went out, Bryan was in the public-house—he went out after them—Robins is my right name; that is the name I was born by—I can swear it—I was tried by a court-martial once; only once—that was for making away with ten rounds of ball cartridges on the enemy's field—I took charge of twelve down cases of brandy belonging to my officers, and there and then I discharged nine rounds out of the ten—I was tried by court-martial for that—the charge was for making away with ten rounds of ammunition—the sentence was fifty lashes—that was at Tien Sien, in the north of China—in addition I had to pay a penny a day for fifty days—there was no imprisonment—that was about two years ago, or it might be two years and a half.
Q. I ask you, upon your oath, is that the only time that you were tried by court-martial? A. I have not taken my oath whether I have or not; if you want my character you must send to the regiment for it—I decline to answer; I will answer about the prisoners, and no other.
COURT. You must answer the question.
Witness. That was the only time I was tried since I have been a soldier.
MR. RIBTON. Q. Were you ever tried before you were a soldier? A. Never—never on any occasion—I was never tried for anything—I never had any charge made against me—I refused to answer, because I am a witness against the four prisoners—I have not refused to answer any questions you put regarding the four prisoners—I did not, after this occurrence, visit Bryan's mother—I never went to his mother's house—I never had tea there—(Bryan's mother was here called into Court)—I have seen that woman in Court since I have been here—I never saw her before I saw her about the Court—I have never said, while there taking tea, "I do not deserve this tea, but I will deserve it"—I never boasted of my knowledge of the law, and said I had been tried three times by a court-martial—I did not make inquiries as to whether the prisoners were to have any attorney to defend them at the police-court—I never made a threat that if they had any lawyers to defend them, I would do what I could to get them three years—I never said anything of the kind—I am prepared to swear that Bryan was there at the time the assault was committed; he was standing at the foot—if he was standing at the foot be must be taking part in the assault.
Cross-examined by MR. WAY. (For Andrews, Donovan, and Malone). Q. You say Donovan had been drinking when you went in there? A. Yes; the prosecutor had been drinking scarcely anything before this—he was quite sober—I did not see him call Donovan out—I will swear he did not—there were more people in the public-house—there was a lot of women there—I cannot answer that they were making a great noise—there was a good many voices at one time—I could not say whether the women were making any noise, or whether it was the men—on Nennies leaving the house Donovan struck him—the table he was sitting at was at the public-house door—I can swear Nennies did not say, "Come out here"—he did not offer to fight—nothing of the sort.
CHARLES STROUD (Police-constable, H 156). On the morning of the 6th January, at a quarter to 3, I was on duty in Tower-hill—I heard loud voices—I saw Andrews and Donovan—I went towards the top of King-street, and as I got to the top, Donovan came out first, and the soldier close to him; in fact, he had his hand on him, and he said, u I will follow you the
whole night but what I will give you in custody"—he then saw me and said, "Take this man in charge"—I asked for what—he said, "For being concerned, with others, in robbing a sailor down the street"—I at once took Donovan into custody—I said, "Where are the others?"—the soldier said, "There goes another"—that was Andrews—he was then making his escape—the soldier ran after him—he brought him back, and gave him into the custody of Sergeant Samuel Bell, H 20—I asked, "Where is the man that has been assaulted?"—he said, "Down the street"—the soldier went after him and brought back Nennies—I then had Donovan in custody, and the sergeant had Andrews—they heard the conversation with Nennies—I said to Nennies, "What is the matter?"—he said, "These men knocked me down and robbed me"—he was then bleeding from the month and nose, and his coat was covered with blood—he said, "They took my pocket-book and my money"—I then took them to the station—they did not either of them say anything particular to the charge—we returned to Royal Mint-street—that would be about twenty minutes or half-past 3—we met the sergeant with Malone in custody—I then asked the prosecutor if that was another one—he said it was, and the soldier said it was also.
Cross-examined by MR. RIBTON. Q. How far is it from the corner of the street where the assault was, to the "Blue Boar?" A. About fifty or sixty yards—I did not see the assault—I heard a noise, and went to the top of the street—the assault was committed about twenty yards down the street—when I came up they were at the top of the street—the landlord of the house is not here.
Cross-examined by MR. WAY. Q. You say they said nothing particular; did they deny the robbery? A. They said they would go to the station, and they went quietly—Donovan commenced swearing—Andrews said, "Hold your tongue; do not make a noise"—Donovan replied, "We shall have to die at home; what signifies; we can but live; if we live here, we shall have to die there; if we go to some other country, we shall have to die there"—they had been drinking, but were not drunk.
(Malone to ROBINS). Q. How long were you in the house before I come in? A. It might be ten minutes or a quarter of an hour—I will swear you were all in the house when I came in—it was after that I left the house—I was in half an hour, or three quarters of an hour—I am sure when I went in the whole four were there.
SAMUEL BELL (Police-sergeant, H 20.) On the morning of 6th January, at about a quarter to 3, I found Donovan in the custody of 156 H, in Royal Mint-street—the soldier was there when I got up there—he turned round and said, "That is the other one"—I took him into custody—that was Adam Andrews—I then took him to the station—the prisoners were there charged by the prosecutor—the soldier described the other prisoners—he returned with me to Rosemary-lane—after we returned to Rosemary-lane we saw Malone walking on the contrary aide of the street—I was in the act of crossing the street, and he said, "Do you want me I"—I said, "Yes"—with that I whistled and turned on my light, and Stroud, 136 H, and Thomas Nennies and the soldier came back, and when they got within four yards they said, "That is the man."
ROBERT PAYNE (Policeman, H 198.) On the morning of 7th January, at half-past 2, from information I received, I went to Christopher-court—it was between 2 and 3 in the morning, after the robbery—I found Bryan there in bed—I said, "You must get up and come with me; I want you to go to the station for being concerned, with others in custody, for robbing a man just about Tower-hill"—he said, "I know all about the row; I had
nothing to do with it"—to the beat of my recollection he said, "I know about it," or it was, "I heard about it;" I won't be certain—I took him to the station—he then said, "I can prove I was in bud at the time."
Cross-examined by MR. RIBTON. Q. You have been examined before the Magistrate, when you mid that he stated, "I heard of it, but I know nothing about it"? A. I won't be exactly certain now whether it was, "I heard," or "I know all about it."
JOHN GREATHEAD (Policeman, H 31). On the morning of 6th January, about a quarter to 3, I saw Bryan at the corner of Christopher-court and Royal Mint-street—that is about 200 yards from where the robbery happened—he was going up the court to his own house—the place where he stood was 200 yards from where the robbery was.
Cross-examined by MR. RIBTON. Q. Are you sure it was a quarter to 3? A. Yes; I beard the clock go three quarters after 2—I heard that at the very time I saw him—I did not hear the clock before I saw him—I saw him going up the court, and heard the clock simultaneously—I knew him very well before—I did not say anything to him—I am quite sure it was not "one quarter," but "three quarters" after 2—I first said it was three quarters at the Thames Police-court—I did not hear the other witnesses examined—I heard, before I was examined, the other parties say the robbery took place at twenty minutes or a quarter to 3—I then gave my evidence before the Magistrate.
COURT to STROUD, 156 H. Q. Was any pocket book found or any money? A. Nothing, except 1s. 1 1/2 d. the pocket-books or papers.
NOT GUILTY .
PLEADED GUILTY .— Confined Four Months each.
MR. COOPER conducted the Prosecution.
HENRY SMITH . I reside at Warwick-terrace, Pimlico, and am solicitor to the Conservative Land Society, Norfolk-street, Strand—at about half-past 5 o'clock, on the 19th of January, I was walking up Holborn, on my way home—I bad my watch at the time—I wore it with an Albert chain, and fastened with a swivel inside my waistcoat pocket hole when I reached Weston's music-hall, some six or eight men intercepted me in my way, and one of them, the prisoner Reilley, seized my watch—he was not successful in getting it on the first attempt—another party called out to him, "Poll it; pull it," at which time I was confined by the arms at the back—I could not say whether by more than one—at the second attempt, Reilley got the watch—he did not make a second snatch—he never loosened his hold until he got the watch—he obtained it by wrenching the ring and straining the swivel, which was attached to my waistcoat pocket—the watch was given me afterwards without the ring—he ran away, and I ran after him—my arms were loosened as soon as he got the watch—he did not call out, but ran away at once—I ran after him, calling out as loudly as I could, "Stop thief! stop thief!" and I saw him until he was given into custody—I never lost sight of him—I did not see the other man doing anything, at that time—there was a scuffle among a crowd of 200 or 300 people—Pigott had stopped Reilley when I got up—that was a quarter of an hour or twenty
minutes before the policeman name up, and all the time the crowd was increasing—after a few minutes I saw Jenkins assaulting Pigott—we went to the station with Reilley, he being the only one in custody—a little boy of about ten or eleven years of age, came up to me with my watch—I gave a description of Jenkins to the police—I saw him a few days after—I at once recognised him as being the man who was assaulting Pigott when he had Reilley in custody—I swear positively that Reilley took the watch—he was some little time before me in making the attempt—the watch is worth about 15l. without the ring.
Cross-examined by MR. PATER. (For Reilley). Q. You say you were surrounded by six or eight persons? A. Reilley was in front; there was a crowd of them—I was not surrounded by those persons in front—Reilley was the only one in front—I am quite certain that when the snatch was made at my watch, there was no other person in front—it was very near Day and Martin's blacking factory—there were other persons on my right-hand side—they made a crowd round to intercept my passage—my arms were not pinioned at the first attempt—I did not seize Reilley at all; I could not, my arms were pinioned to give him time to make the second attempt, and some one said, "Pull it; pull it"—I should think about a minute and a half or two minutes elapsed between the second attempt and the time Reilley was taken into custody—I was but a very little way from him—I never lost sight of him—the person is here who stopped him.
GEORGE PIGOTT . I live at 32, Nutford-place, Edgeware-road, and am a carpenter—at about half-past 5, on the evening of Monday, the 19th of January, I was walking op Hoi born—I heard a cry of "Stop thief!"—I saw the prisoner Reilley run away—I directly turned off the pavement to run after him—I saw a young man put his foot out and throw Reilley over on the ground—I directly caught hold of him by the collar, while he was in a stooping position attempting to get up—Jenkins came up to him and stooped down—Reilley attempted to hand the watch, and Jenkins got the watch—I could not say where he ran up; he was there—directly he handed the watch, I took hold of Jenkins—I took him with my left arm—I allowed him to get up, and got his head under my arm—I then took hold of him by the collar, and handed him to some one that came up, saying, "This man has got the watch"—he said, "Let me go, I have done nothing"—I walked on a few paces, thinking I might see a policeman, and shortly after Jenkins name up and took hold of Reilley by the collar, and said, "Let him go, and I will take him to the station-house"—I said, "Oh, you are one of the same party"—he began directly to hustle me, and both the prisoners set to kicking me; then Jenkins hit me on the head—I told him I should not let him go, but would hold him until a policeman came—he said, "I will smash your head, if you do not let me go," at the same time he took hold of me, putting his knuckles in this way, (describing it) and had not the button given way he certainly would have strangled me—I tried to get the prisoners into a shop, thinking I could manage with them better then, but there were so many round they pulled me, and I could not succeed in getting the prisoners there at all—shortly afterwards the constable came up—Jenkins got away somehow—I did not again see him until some days afterwards—I am quite sure he is the man—I am equally sure that Reilley was the other, and that I saw him parsing the watch to Jenkins.
Cross-examined. Q. Did you see the watch in the hand of Reilley? A. Yes—he was attempting to pass the watch in this manner, (describing it)—both of the prisoners were stooping down together—that was after he was tripped up—I saw the watch after he was tripod up, and while he was in a stooping
position—the watch was banded to Jenkins—during that time I had got Reilley by the collar—there was no attempt made to escape at that time; he was attempting to get up from the ground—I was kicked by Reilley—I am quite sure of that—he kicked me on the knee and the leg, and so did the other one as well—I had marks there where they kicked me, but they are healed up now.
COURT. Q. You are quite sure you saw the one try to give the other the watch? A. Quite sure; and I saw the other take it.
Jenkins. I know nothing about the charge; I never saw the man in my life; I am innocent.
Reilly received a good character, and was recommended to mercy by the prosecutor, on the ground that he was the dupe of Jenkins.
REILLY— GUILTY .— Confined Twelve Months.
JENKINS— GUILTY .
MR. COOPER conducted the Prosecution.
WILLIAM SYMONDS. I am a traveler, and live at No. 15, Golden—square, Regent—street—on Tuesday, the 13th January, I was in West Smithfield, at the top of King—street, between half—past 5 and 6—as I was walking along somebody came up and touched me at the back of the hat—Jenkins did that—I am quite sure of that—at that time there were five or six others in his company—two others took me by the collar of the coat, while Jenkins came and pulled my watch—guard, which was round my neck; the watch was attached to it—he took away a gold key, a cornelian ring, and a threepenny and a fourpenny piece, very old coins—the watch was not taken, in consequence of the chain breaking—the other things were attached to the chain as "charms"—the watch was snatched at, and the swivel broken—I called out, u Police"—I did not seize the prisoner, I seized one that was by the side of me, and the prisoner came and struck me with his left hand upon my left cheek—he then got away, and the other two made off—they all got away—this (produced) is my hat, which they knocked down—I did not see the prisoner until he was taken into custody on the Friday week following—the police sent for me; I identified him—he was then among five or six other prisoners—I could identify him very clearly—I am quite positive he is the man.
Prisoner. Q. Whereabouts did you have those two coins attached to your chain? A. It was to this chain (produced)—the chain was round my neck—my watch was in my pocket—it was a cornelian ring—the watch was in my pocket—the chain and the ring were broken; the chain went through the ring.
Prisoner. I should be ashamed to rob a man like you; I have been bad in my time—I rob a man as is rich, instead of poor.
He was further charged with having been before convicted of felony on the 29th May, 1862, at the Lambeth Police-court, in the name of John Thomas; to which he
PLEADED GUILTY.— Ten Years' Penal Servitude.
THE COURT ordered a reward of 3l. to the witness Pigott for his exertions in apprehending the prisoners.
MR. COOPER conducted the prosecution; MR. COLLINS the defense.
NOT GUILTY .
FOURTH COURT.—Thursday, February 5th, 1863.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Twelve Months.
MESSRS. GIFFARD and BESLEY conducted the prosecution.
THOMAS MILEHAM . I am cashier at the London and County Bank, Lombard—street—Messrs. Cobden & Co., of Staining-lane, keep an account then—this cheque (produced) was presented for payment to me, by a lad, on the 27th November, or about that date—I cannot positively swear who the lad was—seeing that the signature differed, I examined it, and turned to speak to a fellow clerk to ask his opinion about it, came back, and found the lad gone—I cannot say who he was; it was a lad.
JOHN EDWARD BAGALLAY . I am one of the cashiers at the London and County Bank—I was at the next desk to Mr. Mileham on this day; to the best of my recollection, it was the 24th November—Mr. Mileham showed me a cheque—I did not see it passed from the person to him; I saw a person standing at the counter where Mr. Mileham's desk was—I cannot positively swear to him, but to the best of my belief it was the prisoner.
Cross-examined by MR. LEWIS. Q. How long was he there? A. About five minutes; it might be three.
ROBERT CAMERON . I am a book—keeper in the firm of George Cobden & Co., muslin manufacturers, of Staining-lane—the signature on this cheques is not the signature of any member of the firm—I know the prisoner's hand-writing—he has been in the service of the firm—to the best of my belief, the body of the cheques is in his handwriting—the signature is disguised, but in my opinion it is all written by the same person.
Cross-examined. Q. Is there any resemblance to the handwriting of your firm in the signature? A. No, none; the prisoner was in the habit of going frequently to the bank for sums of money—he was in the employment of Messrs. Cobden about nine months—I believe there was a character with him; he was a very good boy while he was in their service.
MR. BESLEY. Q. When did he leave? A. About twelve months ago—I do not know what he has been doing during the last twelve months.
GEORGE COBDEN . I am a member of the firm of Cobden & Co., muslin manufacturers, of Staining-lane—this cheque is not signed by me, or by any of my partners—I believe the body of the cheque to be written by the prisoner—I never gave him any authority to sign cheques on behalf of our firm.
Cross-examined. Q. I think the Lord Mayor consented to bail him, did he not? A. Yes; I should have been most happy to do so, on account of his father and mother—his father is a wholesale ironmonger, a highly respectable man.
cheque was presented there purporting to be signed by him, on 24th November, to the best of my belief, the date of the cheque—I cannot swear who presented it; it was a youth—I turned to a desk to refer to the signature, and when I returned to the counter, he was gone—I cannot identify the person.
Cross-examined. Q. There is no resemblance to the signature, is there? A. It is a very bad imitation, so bad that I was struck with it immediately—Mr. Salter has drawn cheques on blank paper before.
HENRY SALTER . I am a partnership agent, carrying on business in A Church-lane, the prisoner was in my service—I don't know the precise time be came—he was there about six months—I think he left on 24th November—he did not return—I had not the slightest idea that he was about to leave me—this signature to this 5l. cheque is not mine—I have not authorized any one to sign it on my account—my impression is that the whole of it is in the prisoner's handwriting—cannot swear to it—I think the body of the cheque and the signature are written by the same person.
EDWARD FUNNELL . I am a detective City officer—in November last, I received some directions with respect to these cheques, and on 8th January I went in company with an officer to 51, Stamford-street, the residence of the prisoner's father—I sent the other officer round to the back part of the premises—I went to the front door, saw the servant girl, and asked if Mr. Tillett was in—I spoke in a loud tone of voice—I went down stairs—I did not see the prisoner there, I saw a bat which he afterwards owned, and some writing on the table quite wet—I believe Mr. Mullens has the writing—the back door was open, and t proceeded into the back yard—I called out to the other officer not to let any one pass, and he said, "I have got the lad"—I went through the yard and found him there in custody—I went with him back to the kitchen, told him who I was, and that I bad a warrant for his apprehension—I read it to him, stating what the charge was—his mother was very much alerted, and said, "Oh dear, George, what is this, is this something fresh?"—she wanted to know what it was—I gave him the warrant, and he read it out loud to his mother, and she begged of him to tell the truth, and asked him was there anyone concerned with him—he said, "No"—she said, "Then the letter you have written to your father is not true"—he said "No, it is not, I have done it myself, and no one else was concerned in it"—at the Mansion House he also said he had done it himself, and no one else was concerned in it.
JAMES MCLEOD (City-policeman, 141). I went with the last witness on 8th January to Stamford-street—I went round to the back of the premises, and first saw the prisoner coming across a yard in the rear of his father's house, without his hat—I said to him, "Halloo! who are you, what is your name?"—he said, "What do you want to know for?"—I told him that I was a police officer, and I believed his name was Tillett—he said, "No, my name is not Tillett, my name is Hudson"—he said, "I live in that cottage," pointing to a cottage at the rear of his father's house, and if you doubt my word you can take me there, and find that I live there, and that my name is Hudson"—at that time his mother and Funnell came out.
Cross-examined. Q. Don't you know that his name is George Hudson Tillett? A. I don't know.
WILLIAM EADES (re-examined). The cheque was presented to me in the latter part of the afternoon, about 3 o'clock I should think it was—(Cheques read) "London, November 22d., 1862. London and County Bank, Lombard-street, City. Pay Thomas Wilson, Esq. or order, 55l. 7s. 6d. George Cobden & Co." endorsed"Thomas Wilson." "London, November 24th, City Bank, Threadneedle-street. pay stamps or bearer 5l. J. and Y. Salter. 24/11/62."
MR. LEWIS called
GEORGE TILLET . I am a wholesale ironmonger and iron founder in Stamford-street—the prisoner is my son—his name is George Hudson Tillett—I recollect hearing of these forgeries, on 24th November—on the Sunday preceding that date, I had occasion to scold my son on account of his going into the kitchen and associating with the servant girl—it was the second or third time I had complained of it—he also quarreled with his brother and struck him—I had him in a room and talked to him—I said if I found that he did not conduct himself well at home, I should send him to sea or away—I did not hear of him again after that, until my daughter had a letter from him, from Peterborough—this piece of paper (produced) is in his writing—it says, "Make my peace with my father so that he shall not be harsh towards me"—he had always been a good boy up to that time.
COURT to GEORGE COBDEN. Q. Are your cheques ever on blank paper? A. Sometimes; very seldom.
GUILTY .— Confined Twelve Months.
MR. BESLEY conducted the Prosecution.
ALFRED CHAPMAN . I am a potato salesman in Farringdon-market—I know the prisoner Callan, he is a porter in the market—on 23d January, he was near my stand from about 7 in the morning till half-past 8—the other prisoner came along and spoke to him—I did not hear what was said—after he had spoken, Goude came and looked at some potatoes of mine—he asked me the price of them—I told him 5l. 15s. the ton—he agreed to give me 5l. 10s. for a ton, and asked me if I would allow Callan to carry them out, and he would pay for them—he said he was just going across the market to buy some apples, and he would come back and pay then—Callan was to carry them out of the market to a cart—Goude said he would pay before the cart went away—he then went across the market, and I never saw him again till he was in custody—Callan proceeded to load the cart—he took away fourteen sacks of potatoes, they weighed 21cwt and their value was 5l. 15s. 6d.—I saw Callan about three minutes after the last sack was taken away, and asked him who the other man was—he told me his name was Clark, and he lived at Paddington, and kept a large shop there—I said it was strange he did not come back and pay for them, and Callan said he was gone to Tooley-street to buy some apples, and would be back in half an hour's time—Callan then went away, and I saw nothing more of him—the sacks were brought back by a boy about 7 o'clock in the evening—I did not intend to have parted with my potatoes without the money—the reason I let them go was because Callan told me Goude'a name was Clark, and that he kept a large shop it Paddington—it was not in Goude's presence that he said that, it was as soon an Goude went away—nothing was said by Goude at all—he gave me no name or address.
Cross-examined by MR. LANGFORD. (For Goude.) Q. Have you been up to Paddington to look after the shop? A. Yes; I could not find any there of that name—I did not look for the one of the name of Goude—I told Callan
that I thought it was strange he did not come back and pay for them, after the potatoes were gone—Goude did not take two minutes buying than—it was about half-past 8 in the morning—it might have been ten minutes after that, that I told Callan that I thought it was strange he did not come back to pay—it was after he had carried them out.
EDWARD PANTHER . I live at 8, Graham-terrace, Macclesfield-street, City-road, and am a carman in the employ of Mrs. Hills, of Fetter-lane—on 23d January I saw both the prisoners at a very few minutes after half-past 8—they came into my mistress's shop—they did not speak to me then—I did not hear them speak to my mistress—I was ordered by her to put the horse in the cart—Callan went and helped me, and asked me to make haste, as they were in a hurry—I then went to the corner of Stonecutter-street, Shoe-lane, which is some forty yards from Mr. Chapman's shop—Callan rode in the cart with me—he then left me, and in a very few minutes he came back with a sack of potatoes on his back—I saw Goude whilst he was loading—he did not speak to me—fourteen sacks were loaded into the cart—Goude was walking round the cart, and in the Vicinity, whilst the loading was going on—when the fourteen sacks were in the cart Callan said to him, "There are fourteen sacks, will that be enough?"—Goude said, "Yes," and he directed me to go to Lamb's Conduit-street—I did not know his name at all at that time—I went up King's-road towards Lamb's Conduit-street, and when I was going to turn to the right, Goude directed me to go to the left, to Red Lion-street—he was walking behind the cart the whole way—I went to Red Lion-street, and stopped at Mr. Lomas' shop—he is a greengrocer and potato dealer—Goude went and spoke to Mr. Lomas, and Mr. Lomas said the potatoes were not large enough—I had directions then to go to Clare-market—I went there—Goude rode with me—I stopped at a public—house, and he went away—while he was gone Callan and another man, who helped him carry the sacks in, came up, and Callan asked me where he was—I told him I did not know—he then asked me if I had got any money to stand beer—I told him I had not; I had only enough to buy my breakfast with—Goude same back while we were talking, and put the sample of potatoes that he had taken back, into the sack again—I then went from there to Skinner-street, Somers-town—Goude went away for about a quarter of an hour, and when he returned he said they were as far off as ever.
THE COURT considered that there was no evidence of larceny in point of law, and that therefore the prisoners must be acquitted.
NOT GUILTY .
MR. BESLEY conducted the Prosecution.
The evidence of Alfred Chapman, as given in the last case, was read over to him, to which he assented.
Cross-examined by MR. LANGFORD. Q. After you told Callan that you thought it was strange that he did not come back to pay, did you go to look after the cart at all? A. I looked after the cart before.
Callan. Q. You asked me who another man was, a man who was passing at the time? A. No; that is the man that I asked you about.
COURT. Q. When the potatoes had been carried away, he repeated that the man who had taken the potatoes was Clark? A. Yes, he did—he was not present when the bargain was made with Goude.
MR. BESLEY. Q. How did you go to Somers-town? A. The prisoners both rode on the cart to Somers-town, and I rode in front with the other man, who helped to load the cart—I asked them what port of Somers-town they would like to go to, and they told me to pull up at the first public-house—I don't know who said that—when we got there we all four went into the public-house—we were there two or three minutes, and then it was suggested that Goude should go out and sell the potatoes—he went out, came back in about a quarter of an hour, and said he was as far off as ever, and he was afraid ht should have to take them to Blackfriars-road—Callan then went out, and in about a quarter of an hour returned, and said he thought he had sold them—I was to go up the second turning on the right in the Euston-road—I went there with the cart—they followed me, walking on the pavement—when I got to the corner of a court, a young man came out and looked at them—he said be would buy them, only he was full, and directed them to go and see Mr. Hummerston, who lived in Chapel-street, Somers-town, directly opposite—Callan went there, and was followed by the other one—I stopped where I was—they came back with Mr. Hummerston, who got on the cart and looked at the potatoes—he said he would give 4l. a ton if they were all through alike—Goude said to Callan, "Shall we?"—Callan gave a nod, and as Mr. Hummerston was walking away, Goude halloed out, "Very well, you shall have them"—the potatoes were then taken into Mr. Hummerston's shop, and shot into other sacks—I then took the empty sacks put them in the cart, and took them to the corner of Ulster-street, Euston-road—Mr. Hummerston has two shops, one on the right, and one on the left, about twenty yards down the street—it was on the right—hand side that the potatoes were taken in—I saw Goude come out of the other shop, with the money in his hand—I could not swear what the money was—Callan walked on before the cart, and we met him at the top of Chapel-street—it was after that, they got in the cart and went to the Euston-road—we all went into a public-house together there—one of them called for a pot of beer—I stood against the counter to drink, and on my turning round, Goude said to the other chap, who had been employed by Callan, "I with you would go out of our company for a few minutes; when we have done our business we will attend to you"'—the young man came along with me, and seemed somewhat out of temper about it—I then saw Goude and Callan pass money from one to the other—they stopped in the bar, but we did not keep close to them; we drew on one side—after they had done that, Mr. Goude asked me what was my fare—I him it was above three hours and a half there, and against I got home it would be four hours, which would be 6s—there was a little argument whether they should pay me back carriage, and Goude said, "Oh, yes, that is all right," and they paid me—Goude gave me three shillings and sixpence; sixpence for myself—Callan was going to pay me, but said he had got no change, and asked Goude to lend him some—Goude said, "You have got money," and would not—he then changed a sovereign, and paid me 3s. 6d. too—I was then going to leave, and Callan said, if any one asked me what I had done with the potatoes, I was to say that I had loaded then into another van—I said, "Well, I don't know what I shall say; if there is anything wrong, I shall be brought into the mess as well as you"—Goude stood alongside, and said, "It is nothing wrong; only a little on the quiet"—knowing Callan to be a porter at Farringdon-market, I asked him if he was going there then—he said, "No"—I took the sacks out of the cart, and left
them there—I afterwards saw Callan at the justice-room—he called me out there, and told me if I would say that he had no transaction with the money, I should not be lost—I made him no reply, but went and told the prosecutor there and then.
Cross-examined. Q. How long did your cart stand at the corner of Stone-cutter—street? A. Long enough for two men to carry in fourteen sacks of potatoes—I should say five minutes—I did not hear anything at Lomas's about 6l. being paid for the potatoes—I saw a sovereign thrown on a beer barrel by Goude, at the public-house—I am sure it was not a shilling—when I got home I told the Missus what I had seen—I had barely got home when the prosecutor and another man came inquiring about the potatoes.
THOMAS HURST (City-policeman, 220). On 30th January, I went to 12, Surrey-row, Blackfriars-road, at ten minutes past 11 at night—Mr. Chapman was with me—I saw Goude there—I first inquired for the name of Clark—they said no one lived there of that name—Goude was sitting on a bed, and I asked Mr. Chapman if he was the man—he said, "Yes; that is the man"—he was in the same room—Goude was about to say something, but I stopped him, and told him I was an officer, and held a warrant for his apprehension—I cautioned him in the usual way—hi said, "I know all about the warrant; it is about potatoes; I am the man who got them from Mr. Chapman"—I took him to the station-house—he there gave me a letter, and said, "Yon can born it; if you like"—I looked at the direction, and said, "This is your wife"—he said, "No; it is not my wife"—he said he had written it, and he wanted it posted—I said I could not post it for him—this is the letter (produced)—at Smithfield police-station I asked him if the letter was of any consequence—he said, "You can open it if you like," and, at his request, it was opened—(Read: "Friday morning. My dear Ann,—I am sorry to inform you that I am afraid I shall be locked up about those potatoes I bought, so you had better come to Surrey—row as soon as you can I have left the keys of the room with Mrs. Kyso, Yours affectionately, H. G.")—he told me afterwards that it was his wife to whom the letter was written.
JOHN HUMMERSTON . I am a potato salesman and dealer, carrying on business in Chapel-street, Some-town—I have two shoe there—on 23d January, I believe, I saw both the prisoners in company with the witness who has been examined—I should say it was about 11, or shortly afterwards—they came to my shed, and asked me if I wanted to buy fourteen sacks of potatoes—I said I did not care about them; I had plenty by me—I called a friend of mine, in the same trade, and told him a man had got fourteen sacks of potatoes for sale—he went to look at them, said they were very small, and asked me to go and look at them, which I did—before that I put some questions to the prisoners about where the potatoes had come from, and Goude said he had them sent by a friend of his out of Kent, and, king the first lot that he ever had, he did not know where to sell them—I give Goude four guineas for them—the other man was not present at the time I gave him the money.
Callan. Q. You gave me a shilling for unloading them? A. Yes that is the usual thing to do.
GOUDE— GUILTY .— Confined Eight Months.
CALLAN— GUILTY .— Confined Six Months.
MR. HORRY conducted the Prosecution.
GUILTY .— Four Years' Penal Servitude.
Before Mr. Recorder.
PLEADED GUILTY .— Confined Six Months.
Before Mr. Common Sergeant.
PLEADED GUILTY .— Confined Six Months.
Before Mr. Recorder.
GEORGE BOUSER (Policeman, M 121). I produce two certificates of marriage, marked "A" and "B"—they are attached to the depositions—I carefully examined them with the original registers; the first at St. James's, Bermondsey, the second at St. Alphage, Greenwich—they are correct copies.
Cross-examined by MR. RIBTON. Q. How did yon examine them with the originals? A. went to the clerk at the church—I read the entry in the book—I compared it with the certificate—I took the prisoner in custody—Mr. Woodward desired me to do so—he is the second husband; he is the prosecutor—I have known the prisoner for the last five years—I knew her husband Pain—I knew the prisoner at the time of the second marriage—I did not know anything of the second marriage at the time it took place; not in the least—when she was married the second time, she was saleswoman in the Borough-market—I do not know whether she was in Woodward's employ—I have not known her for the last fifteen weeks managing the business—although I knew her, I did not know much about her history (The certificates were here read: (he first was of a marriage on 28th May, 1855, at St. James's Church Bermondsey, between Richard Pain, bachelor, and Phœbe Martha Wichells, spinster, after banns; and the second of a marriage on 26th August, 1862, at St. Alphage Church, Greenwich, between James Woodward, bachelor, and Phœbe Wichells, spinster, after banns.)
JANE WALLACE . I am the wife of Henry Wallace, of White-street, Neekinger, Bermondsey, and am the prisoner's sister—in May, 1855, I was unmarried—I was present at St. James's, Bermondsey, on 25th May, 1855, when my sister was married to Richard Pain—I was a witness to the marriage—my name was then Jane Wichells.
Cross-examined. Q. Being her sister, you know she was carrying on business for herself after Pain left her in the Borough? A. Yes—I know that then Woodward gave her a salary to manage for him before the marriage; it was 15s. a week—I cannot tell how long she was managing the business in that way for him before they were married—I do not know anything about the circumstances under which they were married.
COURT. Q. Did you know your sister living with her first husband?
A. Yes, for seven years, I believe—I knew her living with him up to the time he went away; I believe it was last March.
MR. RIBTON. Q. You know he went away and left her? A. Yes—she was unable to find out anything about him, and did not know where he went to—she never heard of him that I know of—I visited my sister when she was in Woodward's employment—I cannot say whether she passed as a single woman or a married woman.
JOHN FOSTER . I am a fruit salesman in Hastings market—I know Richard Pain, fruit salesman at the Borough-market—the prisoner is Mrs. pain—I know her as living with him—I last saw Richard Pain in the early part of September going through Hastings market, with a young man in the town, an caster, of the name of Cornelius—I had known Pain about three years before that time—I have not the least doubt that he was the person I then saw.
Cross-examined. Q. You have known Mm for three years? A. Three years or mere—he was a fruit salesman in the Borough market—I do not know in the least the circumstances under which he left the prisoner, nor do I know what brought him to Hastings, or what he was doing—there I was no acquaintance of his, no further than I dealt with him—I was standing by my stall when he went past—I did not speak to him, it was a distance off—that is the last time I saw him; he knew me and nodded—I have never said to anybody that I did not see him, or anything of the sort—I know Mrs. Rogers perfectly well—I never told her I had not sees him—I knew Woodward by his being with Mrs. Pain; that is all I know of him—I never Spoke to him—I had never seen him that I know of.
ISAAC CORNELIUS . I live at Hastings, and am caster to Mr. Stubberfield—I know a person named Richard Pain—he said that he was a market gardener in the Borough—I saw him last in September; he was then in Hastings—I walked with him from there to the market—I was in his company it might be two hours, or might be a little over as near as I can get it—I know Mr. Foster—when I went through the market with Mr. Pain, I did not see Mr. Foster—I did not notice him.
Cross-examined. Q. Do you know what Pain was doing there? A. I do not—he looked very bad; I thought perhaps he was down for his health—I do not know at all what brought him—when I went through the market, he says, "This is a different market to what it was"—I said, "Indeed!"—he said to me, "My name is Pain, the salesman,"—that is how I knew it—I had seen him a year or two before in St. Martina's-lane, London—he did not volunteer to tell me his name was Pain; when I was in the road I heard a gentleman sing out, "Mr. Pain!"—in consequence of that he used those words about his being Mr. Pain—he said that to me as we were going along; we went through the market—I took a walk with him from the seaside up to the market—we were perfect strangers—I never saw him before that I know of.
JAMES WOODWARD . I am a salesman in the Borough-market, and live at 8, Stoney-street—on 20th August I went through the form of marriage with the prisoner at Greenwich Church—I believe it is St. Alphage—she remained with me ten weeks—before the marriage was performed I knew that she was a married woman, but I did not know that her husband was alive—she used to say that she did not believe he was alive.
Cross-examined. Q. Have you not said you did not know that she was a married woman? A. No; I could not say such a thing as that, because everybody knew Mrs. Pain—I knew Pain himself—I do not know that I ever saw Mrs. Pain on the stand with him—I only knew she was married to him,
from what people said—I did not see her with him—she was managing the business for Mr. Pain when I first knew her—I first became acquainted with her in going to Covent Garden—that was after Pain had left her—I cannot tell how long—Pain, when he was in the market, followed the same business as I am now—I have got his stand—I do not know whether, while he was there, she assisted him in the business—I know where Pain and his wife lived before the railway came across that broad place; that is where they lived, but I never saw the man go into the house—after he went away his stand was sold—I took it of Robert Goodman, the toll-man—it was known that Pain bad left—I heard people say that Pain was gone—I took the stand—10l., I believe, was paid to Mr. Goodman—he paid Mrs. Pain; he took the stand of Mrs. Pain—there was 10l. back-rent; I believe it was 20l. paid—I had to pay him so much a week—I believe it was 10l. he paid her for what I know—I was in the room when the articles were drawn up—having purchased this stand, Mrs. Pain did not manage the business; she kept the books—I was no scholar—that went on some little time before I married her—I cannot tell the exact time; I did not keep an account at the time—I do not think it was two months; six weeks or two months; I do not say any more—I do not know that I asked Mrs. Pain to live with me as my mistress—she wanted me to go partners in the stand—I said I would have nothing to do with the stand unless I had it in ray own name, and therefore she thought about living together—I have no recollection of asking her such a thing—I have no recollection of asking her to be my mistress, no more then when going into partnership—I have no recollection of proposing that we should live together as man and wife, without going through the ceremony of marriage—I will only swear I have no recollection—she wanted me to take a stand as partners, and I would not take it unless I took it in my own name—I did not represent to her that Pain was dead—when she was standing at the shop, she used to say, she did not believe that Pain was alive, or he would never have gone away like that—then we got very intimate together, and she married me—I could not help myself—I am the prosecutor—I did not at the time that Pain went away—I knew it was in 1862, from what people said—I made no inquiries about Pain—I lived with Mrs. Pain about eight or ten weeks, after we were married—of course I did not pay her the 15s. a week then—at the end of the ten weeks I did not take it into my head to marry some one else.
Q. Were you not about to be married? A. Not in such a hurry as that—on my oath, at the end of the ten weeks I was not about to transfer my affections to some one else—I did not know the party at the end of the ten weeks—I have been keeping company since with a young girl—perhaps the first time I knew her would be two or three weeks after I commenced this prosecution—I swear that—I mean to say it was not before that I knew her, not to keep company with her—after making inquiries About Pain, I heard of his being alive at the end of ten weeks—the way I heard about Pain was when Mrs. Pain said that Foster had seen him down at Hastings—she said that to me—I wanted to know whether it was so or what—I did not then give her into custody—upon my oath we had not actually appointed the 3d of February for the second marriage, before I commenced this prosecution against Mrs. Pain—we had not fixed a day to be married—I had proposed to the young lady that we would get married some time or other—that was before I commenced this prosecution against Mrs. Pain—I went down to Hastings with Mrs. Pain to make inquiries—that was about two or three weeks before she left, or perhaps only a short time before that—she went to her aunt, who said that she had seen Pain over
about Cannon-street, and this aunt told her sister so, and Mrs. Pain told me she never could rest at the time, she was afraid Pain was about, he had been seen at Dockhead and different places—I never told her anything; it is only what she told me—she was in such a "flurry," she did not know where to go, whether to go down to her father's or not—I said, "I have got no money, so you must go to some relations"—I advised her to go to the workhouse—then she turned round and said, "I wish I went to the workhouse in the first place, and found my husband, as my father wanted me to do."
GUILTY .—She received a good character.— Confined Two Months.
Before Mr. Common Sergeant.
MR. WILLIAMS conducted the Prosecution.
SARAH BENGE . I am the wife of William Benge, of the Mason's Arms, Cannon-row, Woolwich—on Saturday, 3d January, about half-past 5 o'clock, Williams came in for a glass of ale and a screw of tobacco—he gave me half a crown, and I gave him 2s. 3 1/2 d. change, in good money—I did not like the half-crown, and referred to my potman, who said it was good—I then put it in a bag, where there was three shillings, but no other half-crown—I afterwards tendered it to Mr. Cole, a grocer, who directly detected it to be bad—I brought it home, kept it by itself and gave it to a policeman on Monday morning.
Williams. Q. What did your potman say? A. That it was good—that induced me to take it—I did not think it was bad when I tendered it to the grocer.
JOHN LUPLEY . I am landlord of the Golden Cross public-house, Church-street, Woolwich—on 3d January, about 7 in the evening, Williams came and my wife showed me a bad half-crown, which she said she had taken from Williams for some ale and tobacco—I said that it was bad, and threw it on the counter—Williams picked it up, put it in his pocket, threw down two half-crowns, and said he could see no difference—my wife took the good one, and Williams put the bad one in his pocket and went out—I followed him—Hawkins joined him—there was Borne conversation between them, and Hawkins went into the Black Eagle, while Williams waited outside, on the door-step, and looked through the window—when Hawkins came out they joined together again, and then walked down the street into a pork-Shop—they had some conversation together, and then went into the Globe public-house—I gave information to the landlady.
Hawkins. Q. How far from the house did you see me join this man? A. Perhaps twenty, perhaps forty yards—the street was very crowded—I saw you both together talking outside the Black Eagle for six or seven minutes before you went in—you joined together in the same street as my house.
RICHARD RUHORST . I am a medical student, and reside with my father, who keeps the Globe, at Woolwich—on the night of 3d January, I was in the sitting-room, and saw the prisoners in front of the bar—I received information, and kept my eye on them; when they left I followed them—they went down towards Mr. Carter's, the Roebuck—they passed it, and turned back again in conversation; they then turned again, and Williams went into the Roebuck, while Hawkins walked up and down outside—I went in and made a communication to Mr. Carter, who held up a 2s. piece—I said
to Williams, "This is not the first time you have passed bad money"—I did not hear what he said, as I went for a policeman and met Hawkins face to face—Mr. Carter detained Williams inside—Hawkins was gone when I returned.
Williams. Q. Had you ever seen me before that night? A. No; but I had been informed that you had been passing bad money by my brother—you passed bad money in his house; he showed you to me—I did not tell the Magistrate that my brother did not see you pass it, but he was informed of it.
Hawkins. Q. How long did you see me before I was in custody? A. An hour and a half, I think, but I am not certain—I saw you stop in front of the door, perhaps three minutes after Williams entered the house.
WILLIAM CARTER . I am landlord of the Roebuck, Church-street, Wool-which—on 3rd January, about 8 in the evening, I served Williams with a glass of ale—he tendered a florin; I bit it, bent it, and told him it was bad—he gave me a good one—I gave him the change, sent for a policeman, and gave him into custody, with the florin.
MICHAEL HART (Policeman, R 212). On Saturday night, 3rd January, I took Williams in custody at Mr. Carter's, and received the florin—I searched him at the station, and found on him three shillings, a sixpence, and three three penny pieces, and fourpenny in copper.
HENTRY WALLACE (Policeman, R 143). On 3rd January, at half-past 9 at night, I was in Church-street, Woolwich, and saw Hawkins—I asked him where he was going; he said, "Home"—I said, "Where?"—he said, "To my lodgings"—I said, "Where?"—he said, "Anywhere, where you like"—I said, "You must accompany me to the police-station"—he said, "I don't know that I shall; what for?"—I said, "For being in company with a man, who is now locked up for passing bad coin"—I took hold of him; he resisted, but afterwards told me that he would walk quietly—when he got to the station, he pointed to Williams's cap, which was on the mantelpiece, and said, "That is the man's hat whom I was in company with"—I found on him 6s. 9d. in silver, and 1s. 10d. in copper, four oranges, and two saveloys—there was one florin, but the majority of the coin was fourpenny pieces, and threepenny pieces.
Hawkins. Q. Did I not tell you that I had a pint of porter with the man, and that was all? A. No.
The prisoners' statements before the Magistrate were here read as follows:—Williams says, "The half-crown I know nothing about; the two-shilling piece I did not know was bad—I was not in Mr. Lupley's house"—Hawkins says, "I know nothing about it, or Williams."
Williams's Defence. I did not know that the 2s. piece was bad; the woman said at the police-station that I was very much like the man, but she could not swear to me; I never saw this prisoner before that night, when I asked him where I could get a lodging, and said that I would give him a pint of beer; he walked down the street with me, and bade me "Good night."
Hawkins's Defence. When William first joined me, he was behind me, and said, "Governor, can you tell me where I can get a lodging? I said, "At the public-house;" he said that he came from Gravesend, and was on the tramp; he asked me if I would have a share of a pint of porter; I went with him; we stopped a quarter of an hour or twenty minutes; I then walked with him to a public-house to get a lodging; he did nothing wrong; I never saw him before; the money found on me was good.
GUILTY .— Confined Fifteen Months each.
MR. CLERK conducted the Prosecution.
WILLIAM JACKSON . I am a constable of the dockyard division—on 17th January, about half-past 8 in the morning, I was on duty at the Marshgate, and saw the prisoner coming towards the gate to go out—I could see by the way he walked that he had some weight about him—I called him into the lobby and asked him what he had got under his coat—he made no answer—I searched him, and found these six files, wrapped up in a packet, in his inside coat-pocket (produced)—I asked him how he came in possession of them—he made no answer, but trembled very much—he afterwards said that he found them among the stores—I then found this piece of brass, weighing 7 lbs. and three-quarters, in the back of his trousers—I took him to the station, asked his address, and he said, 2, Windsor-terrace, Maxley-road, Plumstead—I went there with an officer, named Sergeant, and found thirty files in two different cupboards in the room—the shanks of some of them were broken off, and on others the broad arrow was partly hammered out—two of them had the marks of the broad arrow.
JOHN SERGEANT. I am a constable of Woolwich—I went with Jackson to the prisoner's address, and saw the files and this bar, marked with a broad arrow—I saw him find some of the files in the coal-cupboard, and put them in a basket.
MR. CHILD. I am foreman in the carriage department, Royal Arsenal—these six files are all marked with the broad arrow, and are all Her Majesty's property—they are used in different parts of the Arsenal, and are worth about ten shillings—these thirty files found at the house are the came description—there is the same maker's name on them, and on two of them is still the broad arrow—they are all new—some of them have been hammered where the broad arrow is usually stamped, and some of them have the shank cut off—they are by two makers, Harrill and Johnson—both of them make for the Arsenal—this nut belongs to the elevating screw of an old 23-pounder gun—it belongs to the arsenal—workmen are not allowed to remove such things from there—the prisoner does not belong to my department, but I know he has been employed in the Arsenal in some other department—the screw is worth six or seven shillings, and the thirty tiles about fifty shillings—the prisoner was an unskilled labourer.
The prisoner's statement before the Magistrate was here read at follow:—"I have nothing to say about them; the files found at my house no one know anything about but myself."
Prisoners Defence. I beg for mercy.
GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Four Months.
427. SARAH ANN BARRETT (40) , Stealing 1 lamp, 4 bottles of champagne, value together 6l., the property of George James Voudodelzen, her master; and 1 tray-cloth, 2 table-cloths, and other articles, the property of William Hine Haycock, her master, having been before convicted of felony, to which she
PLEADED GUILTY .— Six Years' Penal Servitude.
PLEADED GUILTY .*— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Eighteen Months.
431. THOMAS MALONE (38) , Feloniously forging and uttering an order for the payment of 3l. 15s. 2d., with intent to defraud; also an authority for the payment of 3l. 8s., with the like intent; to both which he
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .*— Confined Nine Months.
PLEADED GUILTY .—Recommended to mercy by the Prosecutor.
Confined Twelve Month.
Before Mr. Justice Wightman.
MR. LANGFORD conducted the Prosecution, and MR. LEWIS the Defence.
NOT GUILTY .
Before Mr. Recorder.
MR. TAYLOR conducted the Prosecution, and MR. SLEIGH the Defence.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
ALEXANDER INGLIS . My brother manages the Carpenter's Arms, in George-street, Camberwell—I was there on Saturday night, 10th January, when the prisoner came in with a man; they came together—the man asked for a pint of ale, and gave me a half-crown in payment—I placed it in the till; there was other silver there, but no other half-crown—I gave the man the change—they drank the beer and went away together—shortly afterwards
I went to the till, saw the half-crown, found it was bad, and bent it—it was afterwards given to the constable, who is here—on the following Saturday, 17th January, the prisoner came again, alone—I was not there when she first came in; my brother was at the bar; he is here—he called me out to see if I recognised her—she said she did not know the coin was bad, and that she had taken it from a man who had just given her three half-crowns—a constable was sent for, and she was given into custody—I am quite sure she is the woman who was there on the Saturday before—I told her she was in with a man when I took a bad half-crown on the previous Saturday, and she must wait till a constable was sent for—she said I must be mistaken—this is the half-crown I took out of the till (produced.)
Cross-examined by MR. COOPER. Q. You had never seen her before, I suppose, at your house? A. No; not to my knowledge—I don't know which came in first, she or the man.
COURT. Q. Did they wait a reasonable time drinking their beer at the bar? A. Yes; they were in no hurry to be off—it rained at the time—the man put down the half-crown—he was rather a short man, dressed respectably, with a black coat and hat on.
JAMES INGLIS . I am brother to the last witness—on Saturday, 17th January, the prisoner came to the Carpenter's Arms alone, and asked me for a glass of ale, and gave me a half-crown—I looked at it; it was bad—I sent for my brother, and then told the prisoner it was bad—she said she was not aware of it—my brother said something to her, but I could not be sure of the words—a policeman was sent for, and she was given into custody—I gave the bad half-crown I received to the constable.
Cross-examined. Q. Had you ever seen her before? A. No.
GEORGE WARMAN (Policeman, P 210). The prisoner was given into my custody at the Carpenter's Arms—I received these two half-crowns—the prisoner gave me her purse—there were two good half-crowns in it—I asked her how she accounted for this bad half-crown, and she said she had lately turned out unfortunate, and a gentleman gave her the three half-crowns—there was nothing else found on her.
NOT GUILTY .
ADJOURNED TO MONDAY, MARCH 2D, 1863.