CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD MARCH 2D, 1863.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
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OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, March 2d, 1863, and following days.
BEFORE the Right Hon. WILLIAM ANDERSON ROSE, M.P., Lord Mayor of the City of London; Sir Edward Vaughan Williams, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir George William Wilshere Bramwell, one of the Barons of Her Majesty's Court of Exchequer; Sir James Duke, Bart., M.P.; Sir Francis Graham Moon, Bart, F.S.A; and Sir Robert Walter Carden, Knt.; Aldermen of the said City; Russell Gurney, Esq. Q.C., Recorder of the said City; Thomas Gabriel, Esq.; James Abbiss, Esq.; John Sills Gibbons, Esq.; and Sidney Hedley Waterlow, Esq.; Aldermen of the said City; Thomas Chambers, Esq. Q.C., Common Serjeant of the said City; and Robert Malcolm Kerr, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
JAMES CLARKE LAWRENCE, Esq. Alderman.
HUGH JONES, Esq.
FREDERICK FARRAR, Esq.
JOHN MACKRELL, Esq.
CENTRAL CRIMINAL COURT.
ROSE, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than ones 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.
NEW COURT.—Monday, March 2d., 1863.
PRESENT—SIR JAMES DUKE, Bart., M. P., Ald.; Mr. Ald. GABRIEL; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. CRAWFORD conducted the Prosecution.
MARIA HUGHES . I am the wife of William Hughes, who keeps a beer-shop in Geeber-street—on 27th January, the prisoner came there for half a pint of ale, which came to a penny—she gave me sixpence, which I put in the till—there was no other sixpence there—I gave her a threepenny-piece, and twopence in copper—I afterwards gave my brother the same sixpence in change—the prisoner came again next day, and I recognised her immediately—she asked for half a pint of ale, and gave me a bad sixpence—I told her she must be a very wicked woman; she had only been in my house twice, once on Tuesday, and each time she had given me a bad sixpence—she said she had been there several times, but was not there on Tuesday, and did not give it me.
WILLIAM HUGHES . I am the husband of the last witness—on 27th January, I went down and asked her for change—she gave me sixpence and fourpence out of the till—I took the sixpence up stairs to a gentleman, who said that it was bad—I bent it, and next day threw it in the fire; it melted readily—on the 31st I was brought down stairs, and found the prisoner in the shop—my wife handed me a sixpence, and, in consequence of what she said, I ran round, seized the prisoner, and sent for a policeman—my wife said that she was a very wicked woman, having been twice to the house, and each time brought bad coin—she said she was not there on Tuesday.
GUILTY .— Confined Six Months.
MR. CRAWFORD conducted the Prosecution.
GEORGE EDWARDS . I am barman at the Prince of Wales, Exeter-street—on 13th January, the prisoner came with another female for a quartern of gin, which came to fivepence—her companion paid with a half-crown—I found it was bad after they had left—I had put it in the till, but there was no other half-crown there—on the following Monday, 2d February, about 6 o'clock, the prisoner came alone—I recognised her—she asked for a quartern of gin in a bottle, which came to fivepence—she gave me a half-crown—I bent it, and told her it was bad—she said, "Here is another; is that bad too?" giving me a good one—I sent for a constable—she said she did not know the half-crown was bad—I marked and gave it to the constable with the other.
Cross-examined by MR. ORRIDGE. Q. At what time did she come the day Before? A. About 2 o'clock—the other person gave that half-crown, and took the change.
JOHN JAMES (Policeman, 290 B). I took the prisoner, and received these half-crowns—she refused to give her address—the female searcher brought a florin and some halfpence into the office, or it might have been a shilling or sixpence and some halfpence—there was 3s. 2 1/2 d. altogether—I received information, went to 3, Church-street, Waterloo-road, and examined the first-floor back-room, where I found half-a-crown in a little box on the mantel-shelf—Mrs. Wood, the landlady, was in the room.
EMILY WOOD . My husband is a commercial traveller—we live at 3, Church-street, Waterloo-road, and let lodgings there—on, I think, 13th January, I let the first-floor back-room to the prisoner, who said that her husband was an electro-plate traveller, and would come from Brighton that evening, by the half-past 9 train—a man did come, and resided with her up to the time she was taken—I was with the constable when he searched the prisoner's room, and saw him find a half-crown in a small box on the mantelshelf.
Cross-examined. Q. Do you know whether her husband was in the room that day when she left? A. He went out a few minutes before her—I did not see him again after about 4 o'clock—the prisoner was quiet and wellconducted while with me—she did her marketing in the neighbourhood—we did not like her husband's appearance, and therefore they were notice to leave—he went next day, and never came back—I have heard nothing against his character.
(The prisoner's statement before the Magistrate was here read as follows: "Last Saturday week I changed a half-sovereign. I was out marketing in the Cut, near where I live, and the butter man told me I tendered him a bad half-crown, I paid for the articles I purchased, and took home the bad half-crown, intending to get it changed if I could find out where it was, as I had changed two half-sovereigns. I had not occasion to change money again till I went into the Prince of Wales in the evening, so I most have taken that half-crown where I took the other. I was not aware I had it in my pocket.")
GUILTY .—Recommended to mercy by the Jury.— Confined Six months.
PLEADED GUILTY .— Fined 40s., and to be imprisoned until the fine be paid, or for One Month.
MESSRS. CRAWFORD and LLOYD conducted the Prosecution,
ELIZABETH WELSTEAD . I live with my brother, at 1, Wellington-place, Paddington, a bootmaker—on 16th January, between 4 and 5 o'clock, the prisoner came and said something about kid-reviver—I said, "We do not want any; we have a very large stock"—he said, "I wish for a bottle"—I served him with one—the price was eightpence—he said he did not think it would do, as his ladies always used eighteenpenny bottles—I said, "This is of the very best quality"—he said, "If you can recommend it, I will take it"—he gave me a sovereign—I put it in a desk where there was no other sovereign, gave him change, and he left—my brother afterwards sounded it on the counter, and it was bad—I bored a hole in it, put some oxalic acid on it, and afterwards gave it to a policeman—on 12th February, I was at the shop of another brother of mine, James Welstead, of 9, Cambridge-terrace, and saw the prisoner going out—I spoke to Mr. Frampton, one of the assistants, who went out and returned with the prisoner and a constable—I said, "You are the man that gave me the bad sovereign at 1, Westbourne-place"—he said, "I never saw you before"—I said, "I am sure you are the man; do not you remember buying a bottle of kid-reviver?"—he said, "No," and that I must be mistaken—I said, "Who could forget such a face?"
Cross-examined by MR. COLLINS. Q. Did you admire his face? A. Not particularly—the gas was lighted when he came on the 16th—it is a large shop—I had never seen the prisoner before—I talked to him for three minutes.
DANIEL FRAMPTON . I am assistant to James Welstead, of Cambridge-terrace—on 10th February, about a quarter to 4 o'clock, the prisoner came and asked me for a half-crown bottle of Edwards' varnish, a stone bottle—I showed him a bottle of kid-reviver, and asked him if that was what he wanted—he said no, he wanted varnish—I showed him an eightpenny glass bottle—he said that would not do, he wanted a stone bottle, a half-crown one—while I was in conversation with him, Miss Welstead came up, and he left the shop very hastily—in consequence of what Miss Welstead said, I followed him, and brought him back with a constable—I have heard what Miss Welstead said—it is correct.
Cross-examined. Q. Did she say that he was the man, arid did he deny It? A. Yes—I never lost sight of him till he was taken—he had an orange up to his mouth.
RICHARD NEALE (Policeman, S 208). On Tuesday, 10th February, I saw Frampton on the canal-bridge, following the prisoner, and went with them to the shop, where Miss Welstead said that the prisoner had passed a bad severeign to her on 16th January, at Westbourne-place—I took him in custody—he denied all knowledge of Miss Welstead or the sovereign, and said he had only been a fortnight in London—he first said that he lived some distance beyond Highbury, and afterwards he said near the Angel, Islington—I found a purse and 9 1/2 d. on him—I asked him how he came to go into the shop for the varnish with only 9 1/2 d. in his pocket—he said that the varnish was for a friend, who he was going to meet at the bottom of the road, a groom living at a gentleman's house at Highbury—he had an orange to his mouth, the skin of which he threw away.
GUILTY .— Confined Nine Months.
PLEADED GUILTY .—Recommended to mercy by the prosecutors. Confined Twelve Months.
MR. CRAWFORD conducted the Prosecution.
ELIZABETH HARGOOD . I keep a market-garden at New Cross, and have a stall in Covent Garden-market—on Saturday, 1st February, I was attending to my stall; about 7 o'clock a man came and purchased two dozen greens, and gave me a half-crown, which I put in my pocket—the prisoner came about a quarter of an hour afterwards, with a porter, to take them away—the prisoner bargained for one dozen bunches of rhubarb, which came to half-a-crown—I did not notice anything particular about it, but he looked confused—I gave it to Redding, my servant, to try it—the prisoner went from one side of the van to the other—the beadle passed, and as my servant had bent the half-crown nearly in two, I had the prisoner taken in custody—as soon as I had done market, I looked over the money in my pocket, and found this other bad half-crown (produced), which was marked in my presence.
Prisoner. Q. Did you bring any money to market with you? A. Yes; but no half-crown; I only brought enough to pay the toll—I know you were a companion of the man who bought the greens, by your returning for them—one half-crown was not marked, the other was marked by the beadle—I did not notice at the time that they corresponded.
MICHAEL REDDING . I live at 6, Stock well-street, and am in the employ of Mrs. Hargood—the prisoner came to her stall on Saturday morning, 21st February—he was standing among a good many more, but I did not see any one in his companionship—another party bought two dozen greens—I do not know whether the prisoner was with him or no—the prisoner paid my mistress a half-crown—I saw him again a quarter of an hour afterwards, when he bought a dozen of rhubarb, and paid with a half-crown, which my mistress handed to me—I found it was bad, bent it, and kept it in my hand—I went round, caught the prisoner by the collar, and asked him how many he had—he said that he had no more, and told me to search him—I gave it to the beadle.
Prisoner. Q. Had not I an opportunity of going away and coming back for the rhubarb, if I had been so minded? A. Yes; but not without my seeing you.
JAMES GRUBB . I am beadle of Covent Garden-market—I was called, and received this bent half-crown from Redding—the prisoner said that he did not know it was bad—Mrs. Hargood said that she believed he was in connexion with another man who had passed a bad half-crown previously—he said that it was no such thing; he was with another man, and gave him some money to buy some greens, which they were to share equally afterwards—he refused his address—I searched him, but found nothing.
Prisoner's Defence. I am a costermonger, and had the misfortune to take the half-crown. I went to market with it next morning. Everybody is liable to take bad money.
GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
447. EDWARD WALTERS (19) , Unlawfully obtaining 12 silk scarves, the property of John Derby Alcroft and others; also, feloniously uttering a forged request for the delivery of goods, value 18s. 9d.; also, feloniously forging and uttering a request for the delivery of goods, having been before convicted; to all which he
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Three Years' Penal Servitude.
PLEADED GUILTY .— Confined One Month.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .**— Confined Twelve Months.
OLD COURT.—Monday, March 2d.; and Tuesday, March 3d., 1863.
PRESENT—The Right Hon. the LORD MAYOR, M.P.; SIR JAMES DUKE, Bart., M.P., Ald.; SIR JAMES GRAHAM MOON, Bart.; SIR ROBERT WALTER CARDEN, Knt., Ald.; Mr. RECORDER, Q.C.; Mr. Ald. GABRIEL.; Mr. Ald. ABBISS; Mr. Ald. WATERLOW, and ROBERT MALCOLM KERR, Esq.
Before Mr. Recorder.
PLEADED GUILTY .— To enter into their own recognizances to appear and receive judgment when called upon.
455. WILLIAM BUCKWELL (47), was indicted for that he, having been duly adjudged a bankrupt, unlawfully did omit and neglect to surrender himself to the Court of Bankruptcy on the day limited for his surrender, with intent to defraud his creditors. Other counts, varying the manner of stating the charge.
MESSRS. MELCALFE and SARGOOD conducted the Prosecution.
THOMAS STUBBS . I am one of the messengers to the Court of Bankruptcy—I produce the proceedings against William Buckwell, the prisoner—the petition for adjudication is dated 1st February, 1862; it is the petition of Messrs. Bowstead & Co., of 34, Craven-street, Charing-cross—the adjudication is dated 4th February—it is my duty to see that the adjudication is duly gazetted, and it was so—the choice of assignees was to take place on 22d February, at 11 o'clock; that would be the first meeting—the second meeting, appointed for the last examination was 1st April—the bankrupt surrendered on 5th February—I find a memorandum on 1st April, that In consequence of his not having filed his accounts, it was adjourned to 23d April—the memorandum is this: "The bankrupt, not having yet filed his accounts, and stating that his books and vouchers were in Italy, and that he could not prepare his accounts until they had been sent over, the examination was adjourned till 23d April, at half-past 12 precisely"—on 23d April the bankrupt had not filed his accounts, and was not prepared to pass his last examination, whereupon the examination was adjourned till 14th May next—I have no doubt I was there on 23rd April; there is nothing upon the proceedings to show me that I was there; it is my duty to be there daily, and I am there daily—I sometimes prepare the protection order, but sometimes I never see it—it is given to a bankrupt upon his first surrender—the day of adjournment is endorsed upon it, and signed by the registrar, and he has protection from time to time—the bankrupt was there on 23d April.; I know that by his examination and his signature; it was a private examination, which was taken down and signed by him—he did not appear upon the adjournment-day, the 14th May—the record of that day is signed by Mr. Commissioner Fonblanque—he states, "Although I sat from the hour of 12 o'clock until 2 in the afternoon, for the purpose of receiving such surrender, he did not attend"—there is on the proceedings a duplicate of the protection order which was given to the bankrupt—I know that a protection paper was given to him—I did not compare that with any other; they are usually made out together; they are taken from the docket-book, and one is a copy of the other, or ought to be—this has Mr. Hazlitt's the registrar's, signature—this and the one given to the bankrupt, would both be originals; both would be signed by the registrar—I think this is the handwriting of my clerk, who is here—it is the usual practice to serve a document upon the bankrupt, in reference to the adjourned meeting; on the day of the choice it is usual for the bankrupt to get his protection paper filled up with the day appointed for passing his last examination; that is always done, and it is usual to have it endorsed at each subsequent adjournment—the prisoner was present on 22d February, when the adjournment to 1st April took place—I do not find anything on the proceedings to show that he was present on the 22d February, but I find a summons to him similar to
what was first given to him; we give the bankrupt a second one on the day of the choice, to remind him of the day of the last examination—that would not be given to him if he was not there; it would not have been made out—I find that he was there on 26th February; he submitted to a private examination that day—he was present on 1st April—I find an examination here on that day signed by him.
Cross-examined by MR. GIFFARD, with MR. F. H. LEWIS. Q. Was there a meeting of creditors on 14th May to annul the adjudication? A. It was a petition of Messrs. Harrison & Lewis, on behalf of Charles Cadogan and other creditors, for a meeting to be held, under the 185th Section, for the purpose of considering a proposal to be made by the bankrupt for arranging his affairs by a deed of assignment—here is an entry of the meeting for 3d June at 1 o'clock—seventeen out of eighteen creditors agreed to the proposal; one was dissentient against the resolution—the resolution was for a composition—there is a note, signed by the registrar, in the margin, "Not agreed to by the requisite majority;" although there was that majority in number, they did not represent the requisite amount in value—some of the amounts owing to the creditors who supported the resolution are stated here; the first is 5l. 16s., the second 27l. 2s. 4d.—some of them are in blank—the amount owing to the one dissentient is not stated—I don't find Mr. Foreman's name here.
THOMAS WILLIAM MERTON . I am clerk to Mr. Stubbs—I attended the Bankruptcy Court on 14th May, 1862—the bankrupt did not appear on that day—it was my duty to call upon him to surrender in the hall of the court—I did that immediately after the clock had struck 3—he did not appear, and I proclaimed him—the duplicate notice to surrender on the first meeting is not my writing—I cannot tell for a certainty whether anything was served on the bankrupt on that day.
JAMES COOPER . I am one of the firm of Johnson, Cooper, Wintle & Co., accountants—I was first employed as accountant to the bankrupt immediately before the choice, and afterwards I consented to act as accountant to the estate—it is the practice at the first meeting to see that a bankrupt has protection—the first meeting was on the 22d February—as his accountant I should see that he had protection on that day—here is a paper on the proceedings in my own handwriting, dated 22d February; it is a summons to the bankrupt to appear on 1st April, and is signed by Mr. Hazlitt, the registrar—to the best of my knowledge and belief, when I filled up this one I also filled up a second one, and upon the back of both the protection would be endorsed—one would be filed on the proceedings, and the other given to the bankrupt, but not by me—to the best of my belief I have seen that document in the possession of the bankrupt; he would produce it for the purpose of having the protection subsequently endorsed on it—that is the only way in which, in accordance with the practice of the court, further protection would be granted—I was present on 1st April; protection was then accorded to him—I have looked through the books and Papers produced by the messenger—I have here a bill-book—I was present when the bankrupt was examined on 23d April; I think I remained to the end; I have no doubt of it—I believe the bankrupt was present when the day for the adjournment was fixed—between 23d April and 14th May I had interviews with the bankrupt—I can't say whether or not I called his attention to the meeting of 14th May; I can't call it to my memory—the protection was until that day—to the best of my knowledge and belief, there was an endorsement made on 23d April on his protection-order—I think I made it myself.
ALEXANDER EDMONDSTONE . I am clerk to Mr. Dangerfield—I served a copy of this notice on the prisoner on 19th January, 1863; I also served a copy of this other notice on Messrs. Lewis & Lewis, the prisoner's solicitors. (The notice to the prisoner was to produce the summons to surrender, dated 22d February.)
JAMES COOPER (continued). There are summonses which would apply to the bankrupt or any other witness—I am not quite sure that that has not got the word "summons" printed in the margin—the protection-order is made out at the end of the meeting or examination—the day for the next examination must be fixed before it could be made out—it is made out and the projection put on the back to save him from being arrested during the adjournment.
Cross-examined. Q. According to practice, is it uncommon for the protection so properly endorsed to be sent to him? A. Sometimes it is sent by post; I have known instances of it—this particular one I made out myself; to the best of my belief I took it down to Mr. Martin, and gave it to him—that is the last I remember of it—on the last occasion, when I think I endorsed upon it the day of adjournment, I gave it to the bankrupt.
Q. I understood you to say you gave it to Mr. Martin? A. No; we are referring to the 22d February—that was not the last occasion—to the best of my belief, the last time I saw it in possession of the bankrupt was on 23d April, but I can't swear positively—to the best of my belief I saw it then in the Court of Bankruptcy, at the meeting, in the bankrupt's possession—the endorsement would be made on it at the close of the meeting—it was at the close of the meeting that I saw it—after that it would have to be re-endorsed, and re-signed by the registrar in attendance—that would be done at the end of the meeting—I cannot state positively whether the bankrupt left before the meeting closed; I do not recollect that at the close of the meeting there was no registrar there to sign the protection for some time after the bankrupt had left—I do not remember at what time I left; I have such a multitude of these matters, I could not say without a reference—I have referred to the minute of adjournment, and I cannot say positively that the protection was given to him on that day; but to the best of my belief, I endorsed the date upon the back of it, and gave it to him—I should get it signed by Mr. Hazlitt—it is the custom for the accountant to get the renewal of the protection signed, but not the original protection—I believe I did it, but I won't say positively—my memory is a blank as to what hour the bankrupt left; his examination that day must have taken some considerable time—it must have been late in the day before his examination was over—as a rule, the registrar sits until 4 o'clock—I do not remember that he went away that day—as to the protection, I can't state positively, but to the best of my belief I endorsed it and gave it to him.
COURT. Q. If he had not remained until the end of the meeting, would you then have done it? A. The paper is kept in the bankrupt's pocket; it would not be endorsed and signed till the end of the meeting—I think he must have remained to the end, because he was examined, and as soon as he ceased being examined the meeting was over.
MR. GIFFARD. Q. Have you looked for this very document amongst your own papers? A. Yes; I have not looked for that paper; I have looked through all my papers, and it is not there, I should have seen it if it had been there.
MR. METCALFE. Q. You find his signature to the examination; would
he have to be taken before the registrar to acknowledge his signature? A. He would, and the registrar has signed it—I think that was signed at the time; the examination would be acknowledged before the registrar by the bankrupt—that would be the last thing done.
The Gazette of 7th February, 1862, was put in, containing an advertisement requiring the bankrupt to surrender and be examined on 22d February.
MR. GIFFARD. I have to submit two objections, which seem to me fatal to this indictment. The first is, that the Registrar, whose power and jurisdiction is defined by the 52d sec. of the Act, had no power to adjourn, except for the consideration. of the Commissioner, and here the adjournment was by the Registrar; that objection, if it prevails, goes to the root of the whole matter, because the adjournment-day is the one relied on as to the non-surrender. I contend in the first instance that the Registrar had no power to make the adjournment; and in the second place, if he had such power, he has not exercised it in due form of law, at provided for by the Act. The document, by, which the adjournment was directed, is headed, "Before, Mr. Commissioner Fonblanque;" that is struck out, and Mr. Registrar Hazlitt's name inserted; subsequently Mr. Commissioner Fonblanque's name it again put in, and the document concludes thus—"where—upon I" (that is, Mr. Commissioner Fonblanque, the name last mentioned) "do adjourn the examination," and that is signed by Mr. Hazlitt, the Registrar. The second objection is, that the non-surrender here has been misconceived; it clearly points to the case of a bankrupt who does not submit himself at all to the jurisdiction of the Court. Now, whatever other offence this prisoner's may be, it is not an offence within this Act of Parliament if he has once surrendered (see Reg. v. Kenrick, 1 Cox's Criminal Cases, p. 146). I further submit that, in order to make this an offence at all, notice in writing must be served upon the bankrupt or left at his last-known place of abode, to submit himself to be examined before the Court at the particular time limited by the proper authority; there is no distinction between the notice described in the first part of the section, and that described in the second, and the same ingredients are essential in both.
MR. METCALFE. The first objection cannot be sustained, because the Registrar might act either under the 52d section, as registrar, or under 12 and 13 Vic. c. 116, sec. 27, as deputy for the Commissioner; in which case the proceedings would be properly described as taking place before the Commissioner, i.e. before the Court, in the same way as matters taking place before a Master would be described as taking place before the Court of Queen's Bench. Mr. Hazlitt is in attendance, and can prove that in this instance he acted in the unavoidable absence of the Commissioner.
WILLIAM HAZLITT . I am one of the Registrars of the Court of Bankruptcy, attached to the Court of Mr. Commissioner Fonblanque—I remember making this order on 23d April—I have a memorandum here in my diary, "adjourned to May 14th, at 12 o'clock"—I infer that Mr. Commissioner Fonblanque was not there on that occasion, and it was therefore necessary for me to act as his deputy—I conceive that I should be acting under 27th section of the old Act—Mr. Fonblanque is a great invalid, and is very frequently absent, and I act very largely for him—whether he was absent on that particular day from illness or not, I cannot say; but I infer that he must have been ill, or he would have been there—whenever he was absent, I presume that he was unavoidably absent, in consequence of his state of health—he has unfortunately been absent for the greater part of this year, and for a considerable time last year—the words "Mr. Commissioner," in this document, were struck out by me, because here are my initials—who inserted "Mr. Registrar Hazlett," or "Before Mr. Commissioner Fonblanque,"
afterwards, I can't say—I should have left it, "Before Mr. Registrar Hazlett."
MR. GIFFARD. Q. Is there not a rule of the Court of Bankruptcy that you are not to do that, except at the special request of the Commissioner, and the cause thereof is to be entered at the time? A. Yes; but if the Commissioner breaks his neck in coming up, I can't get his request in writing.
MR. METCALFE. The only question is whether the meeting was duly adjourned; it is not contended that Mr. Hazlitt, as Registrar, had not authority to adjourn the meeting, and he did under his hand adjourn it; all the heading and the recitals might be struck out, and the adjournment by the Registrar would be a good and valid adjournment.
MR. RECORDER. The only evidence of the adjournment is that particular document; if it was a hearing before the Commissioner, the Registrar would have no power to adjourn, and the document tends to show that it was a matter before Mr. Commissioner Fonblanque, in which case he, and he alone, could adjourn.
MR. METCALFE. There is other evidence of the day; the secondary evidence of the document in the bankrupt's possession, in which his attention is called to the adjournment.
MR. RECORDER. It becomes a very serious question upon that, whether that is notice in writing to him to attend on that day.
MR. METCALFE. I am quite prepared to contend that we were not bound to give notice in writing, after notice had once been given of the two first meetings, as directed by the Act; the bankrupt himself being present, verbal or any other notice would be sufficient; the case of Reg. v. Kenrick has been overruled by the subsequent case of Reg. v. Hilton (2 Cox's Criminal Cases), tried before Lord Chief Baron Pollock and Mr. Justice Cresswell, in which the Court clearly drew a distinction between a non-surrender and a not-submitting to be examined.
MR. RECORDER. In this case it appears that the bankrupt has complied completely with the requisitions of the Act of Parliament; he has surrendered, and he has submitted to be examined from time to time, as appears by the three diferent examinations put in.
MR. METCALFE. But he does not file any accounts, in consequence of which the Registrar could not pass his last examination; I contend that there has been no real statutable examination until he has filed his accounts, and the court has no jurisdiction to examine him under the Statute until that has been done; it is a sine qua non; if that be so, then he does not submit himself to be examined if he does not appear on the day expressly appointed for finishing his last examination, the adjournment to that day being on the express ground that he has not filed his accounts.
MR. SARGOOD was heard on the same side.
MR. RECORDER. I think these objections are fatal; I am inclined to think that both are so, because it does not appear to me that the prisoner is shown to have committed an offence under the particular section of the Act upon which the indictment is framed. He has submitted to be examined from time to time, he has not passed his last examination, and he is not in a condition in which he could do so; but supposing it was required that there should be a further examination which he was called upon to attend, after having already submitted, in the words of the Statute, to be examined from time to time, then I think that express notice ought to have been given to him to attend. The other objection I really think is also fatal, because in order to make him guilty upon
this indictment, for not submitting to be examined upon the further occasion, it must be shown that there was a legal adjournment of the Court, with notice of which he was effectually served. The only evidence that we have of that, at it appears to me, is this particular document, and in that the hearing is alleged to be before Mr. Commissioner Fonblanque, and he makes no order whatever; the order is made by somebody else, who, although he might have authority to act in a matter which was before him and not before the Commissioner, was not the proper person to decide upon this matter.
NOT GUILTY .
MESSRS. METCALFE and SARGOOD conducted the Prosecution.
MR. GIFFARD, after the opening of this case, submitted that the examination referred to in the section upon which the indictment was framed, meant the examination upon the first or second days extended by the Commissioner or the Registrar sitting for him up to the last examination, and that the bankrupt had, down to the last possible day, a locus penitentice to disclose anything, the adjournment in this instance being sine die. THE RECORDER did not think it right to stop the case upon this objection.
THOMAS STUBBS . (The evidence given by this witness in the former case was read over). I am not aware of any books or papers being given up, except those which have been put into the hands of the accountant for examination—my duty was to receive them, and transfer them to the office of the official assignee, which I did—there are no papers beyond those which have been passed on to the official assignee or the accountant—we got some from the office in King William-street, and some from Greenwich—all that were obtained came into my hands in the first instance—the bankrupt surrendered to the Court on 5th February, and he told me then that his works and residence were at East Greenwich; that he had a stock of stone materials and plant; furniture; that he had an office in King William-street, and a residence at Borgo Maniero, Italy; that he occupied it furnished; books, some in Italy, some in Greenwich; plant assigned to Mr. Christopher Morgan, of Elm-street 1,600l.; furniture bought by Mr. F. Collins of the Sheriff of Kent, some months since; no cash or bills;—he did not give me any other information as to the railway matters, except about some of the books being in Italy—this was in answer to questions that I put to him—the object was to know what property he had in England—he has not, that I am aware of, furnished any account of assets—I limited my questions to the assets in England—he has not at any time informed me of any assets connected with the railway—in answer to my question, "What books have you?" he said, "Some in Italy, and some in Greenwich"—he has never given up any of those to me, no books from Italy, or any books connected with the railway.
JAMES COOPER . I am an accountant—I was employed by the bankrupt after the adjudication, and before the choice of assignees—I was afterwards appointed by the Court to assist the bankrupt in preparing the necessary accounts for the assignees—the bankrupt divided his books into two classes: first, those that have reference to the Greenwich business; and second, those that have reference to the railway—in respect of the Greenwich business, there was a mass of books and papers—in regard to the railway business, here is a bill-book, which contains the railway account of his bills payable and receivable, and also an account of the shares and debentures in the railway—I have had Mr. Cadogan's account—first I produce the bill-book
—these are bill transactions connected with the railway—Mr. Foreman's bills are here for instance—they are bills for large amounts given in payment for iron—here are two other books—one is an account of the debentures, and the other is an account of the shares issued to him connected with the railway—the debenture-book shows that debentures were issued to him to the extent of 70,000l., and it contains in the margin the names of the persons to whom they were transferred by the bankrupt—for instance, here are the names of Messrs. Foreman, Bailey, Saunders, Preston, and others.
COURT. Q. Are the whole 70, 000l. shown to be transferred to other persons? A. The book is not completed—it is in an unfinished state—many items are only in pencil.
MR. SARGOOD. Q. With regard to the parties to whom they are transferred, does it disclose the consideration for the transfer? A. No; it does not—the other book is an account of the shares issued to the bankrupt, or rather it is only the numerical register—it does not show the amount in value of the shares issued, or what has become of them—here is also a book which contains the amount of the money received and paid by Mr. Cadogan, his agent or manager in London, to the extent of 28,000l.—besides these books, here are a mass of papers, many of them having reference to railway transactions, contracts, letters, and so on—I have looked through these—I also have an account from Charles Collins, from Italy—I think I got that in the early part of May—that has been seen by the bankrupt—it is an account of Charles Collins'—cash transactions, monies received and paid by him—that amounts to 17,000l.—I have seen the bankrupt constantly, since the adjudication, two or three times a week—I have constantly applied to him for information concerning his transactions—I have conversed with him in reference to all these books that I have produced—information is required on each of them before they can be rendered useful to any one—he has rendered us a great deal of information—before we can complete the accounts, we require more information and more papers—the information he has given is not sufficient to enable me to comprehend the books and papers that he has given up—the last stage of the business stood thus—we got Charles Collins' account from Italy, 17,000l.—the next step would be to see the vouchers, to see that the monies put down as paid were really paid—before we could put our names to it we should require to be satisfied that the monies were actually dispensed—we told Mr. Buckwell we should want them, and he said he would write to Italy for them—I have spoken to him on the subject two or three times—towards the end of April I had the impression that he wrote to Italy for them, and I believed that they were in the course of coming home—I inquired of him particularly where the vouchers were, and he told me they were with Charles Collins in Italy—I inquired of him if he had any cash-book, and he said he did not keep one, because the monies were disbursed through his agents—we have required his agents to render their accounts—I can't say that I inquired of the bankrupt whether his agents kept cash-books—I can't say that he has informed me upon that subject at all—we applied to Mr. Cadogan for his account—I can't say that the bankrupt has furnished me with any documents to enable me, from their inspection, to ascertain if there are any books in existence elsewhere—I have Charles Collins' account here—this was sent over from the bankrupt's office in King William-street—I think his clerk, Ellis, brought it—I don't think that I had conversation myself with the bankrupt about this account, because just about that time I went to Hamburg—my clerk, Mr. Balls, had—he is
here—it is an account beginning with 211,000 francs—this is only a copy; this is not the original account—I don't think we ever had that—this is the copy that was brought to me—this is not Charles Collins' writing—this is an abstract—the original account I never had—here are the details, a copy of which I gave the assignees—they were given to me by my clerk, Mr.
HENRY BALLS . I am clerk to Mr. Cooper—I received these original papers, forming an account from Mr. Charles Collins—I got them from Ellis, who was clerk to Mr. Buckwell—I daresay I have seen Mr. Buckwell on the subject of that account since—I can't say with certainty that I have gone into that account with him—I can't say whether I have asked him any questions about the contents of that account.
JAMES COOPER (continued). This is made up of a great number of different payments and cash advances—I have not been enabled, from the information which the bankrupt has given me, to prepare anything like the statement of accounts which the Court requires to be filed—no account has been filed on the proceedings—at the choice of assignees we sent a statement to the official assignee, which we are required to do by the rules of the Court—that is what we call the approximate list—that does not show what property he has, or where it is.
Q. Has any account been filed on the proceedings that discloses what his property is, or where it is to be found? A. No account has been filed on the proceedings—an account was sent to the solicitor of the assignees, made from information which I got from the bankrupt—I gave Mr. Dangerfield, the solicitor, all the information I could get—I have inquired of the bankrupt what property he purchased here and had sent out to him in Italy—he has given me particulars, which I embodied in a statement headed "Proof particulars of property furnished by Mr. Buckwell," a copy of which was sent to Mr. Dangerfield—this is it—it consists of plant, stock on premises, and furniture at Greenwich, and other matters (reading it)—out of the whole of this, none is available for the assignees—the whole of this is encumbered or charged—subsequent to this, on 2d May, we sent further information to the solicitor of the assignees, relative to property sent out to Italy—this seems to be a copy of it—that was prepared by me from information that Mr. Buckwell supplied me with—it discloses nothing unencumbered—it is headed, "Statement containing particulars of the property shipped to and now at Novara"—it is a detail of the same things that are contained in the first account, not any disclosure of further property—the assignees took possession of the property at Greenwich, and I think they have realized some of the property in Italy—beyond this account, I believe the bankrupt has not given up anything to the assignees—no vouchers were furnished to me in order to verify the statements contained in these papers—we stated we required them, and I believe Mr. Buckwell wrote for them, shortly before the meeting in May—this account has not been verified—I have not looked through it very carefully—I have looked through it—it starts with a sum of 143,000 francs on the credit side—that is about 8,000l.—I find a reference here from book 4, folio 3, "omitted 10, 000 francs"—I can't say that I have made any inquiry of the bankrupt about those books, because if they were Collins' books, we should not be entitled to them—this, you know, is Collins' account—what we asked the bankrupt was, to let us have the vouchers to verify it, because it would be wasting time to go into this account incompletely; we should only have to do it a second time, which would increase the expense—I have not said anything to the bankrupt about the books here mentioned—I can't bring to my recollection any conversation
relative to books in Italy; as to vouchers I can, but I cannot recollect anything about books—he said he would write to Collins for the vouchers, and they should come over—that was not very long before the last meeting, I think in the early part of May—I have not spoken to him since that—he has not furnished me with any document since his visit to Italy—in this account of Collins, I find a great number of entries running over a great many thousand francs, for the purchase of land—I have not made any inquiries of the bankrupt about the payments for the acquisition of land—when we requested the vouchers to be sent, we stopped our labours—he has not given us any vouchers for those accounts—he has not given us any voucher for a single item throughout the whole of Collins' account—we have had numerous conversations with the bankrupt about the land—he has not given us any information, or any document of title to show where the land is, or what has become of it.
The examination of the prisoner at the Bankruptcy Court were put in and read, together with two contracts entered into by the bankrupt with Messrs. Foreman and Co., dated 26th June and 3d July, 1861.
WILLIAM HENRY FOREMAN . I carry on business under the firm of Foreman and Co., as iron merchants, in Queen-street, Cheapside—I supplied a large quantity of iron to the prisoner under the contracts that have been put in—I have actually delivered between 9,000l. and 10,000l. worth—the amount of the contract is about 18,000l.—for the goods actually delivered, I received debentures to the amount of 16,500l.—that covered the lien as well—that would make nearly 12,000l.—the debentures very nearly covered that sum; I think there was about 100l. difference—they were taken at 75l.—I have no recollection of asking for any lien on the goods, but a day or two afterwards I heard that he had done something to secure me—I heard at the time that he had done something to secure me, but I have never got any security—I think it was Mr. Coates who told me so—he or his partner passed this contract—no notice was sent me of where the goods were on which I had a lien—I do not know at the present moment where they are; they are in Italy, I believe—I should be very glad to have them—they were goods sent out for the purpose of making the line—I had made no claim upon the bankrupt beyond the debentures which I had received—I had not applied to him for money, or pressed him in any way—I received bills as well as debentures—I don't think any of them were due at the time of the bankruptcy—there had been no application of any kind.
JAMES SHIELD NORTON . I am an agent for Joshua Horton—I am a creditor of the prisoner's for 159l.—it was for iron for the roof of an erection at Greenwich—I do not think it went to Italy—some time in 1861 there was a contract between me and the prisoner as to other iron, which was to go to Italy—that contract was not in writing—it was for some brick and tile machinery, to the value of 405l.—it was not sent out—a portion of it was prepared, but no money was forthcoming, and it was not delivered—I have had no lien given to me upon any property abroad—I never asked for any—I heard that a deed was prepared—I am not sure whether I heard that from Mr. Buckwell, Mr. Cadogan, or Mr. Collins; it was either one or the other—no property has been forthcoming to me under that deed—I do not know where there is any at my disposal.
Cross-examined. Q. Have you had dealings with the bankrupt for some time? A. Yes; to the extent of several thousand pounds, perhaps 3,000l.—I have made no complaint against him.
Collins or Mr. Cadogan. (Upon MR. METCALFE requiring the witness to produce this document, MR. GIFFARD objected, on the ground of the privilege which the law extended to the solicitor of a person under charge. MR. METCALFE contended that the privilege did not extend to documents coming into the hands of a solicitor from other parties, not from the client. THE RECORDER stated that if urged to admit the evidence, he should feel disposed to do so, but would reserve the point. The usual course was, upon a refusal to produce, to give secondary evidence. MR. METCALFE did not press the evidence at present, but would consider what course to take at a further stage of the case).
ARTHUR PERRY . I am now an officer in the Whitechapel County-court—I was a messenger's man—I seized the bankrupt's books and papers at East Greenwich—I made a thorough search, to bring away everything I could find, and sent them up to Mr. Stubbs.
THOMAS HENRY BROWN . I am an assistant at the Court of Bankruptcy—I received from Perry the books and papers in this bankruptcy—I made a minute of them, and sent them all to the official assignee—I have that list—I went to 86, King William-street—I only found some few papers there—I found no books.
THOMAS GEORGE MACKERELL . I am assistant to the official assignee—I received these books from Mr. Brown—I kept them in a room that we have for the purpose, under the charge of the official assignee—Mr. Cooper, the accountant, has had the opportunity of seeing everything that was in the room.
MICHAEL HAYDON . I am a detective officer of the City—I was employed to go to Italy for the purpose of apprehending the bankrupt—I left this country on 4th August, and went to Turin—I made inquiries there, and found that he was at Borgo Maneiro—I did not go there—I first found him on the frontiers of France—I was engaged for about four months in making the attempt to apprehend him—I saw him about a week or eight days previous to apprehending him—he was then in the criminal prison at Turin—I had an interview with him there—I communicated to him the object of my visit to Italy—I offered him the advantage of voluntarily accompanying me to England to reply to the charge, but he declined—he expressed a very strong opinion as to the impolicy of coming over, but he said he should by-and-by—he said, "I would rather die where I am; I would rather rot in gaol here, before I would go;" but he further said that he ultimately should be prepared to go; that he could pay 30, 000l. for every 1, 000l. he owed; and when he had paid his creditors in Italy, as he meant to do and would do, he should then come over to England to meet this charge, and would be prepared to reply to it—there were two Italian officers with him when I encountered him on the frontiers, and also two French gendarmes—Mr. Charles Collins accompanied the prisoner from Turin—he returned to Turin when I took the prisoner into custody—they had communication together—we were there for nearly an hour before we could settle the point of boundary—the French and Italians had a dispute as to the boundary-line—with the assistance of the authorities, I decided that I had jurisdiction to take him—the prisoner and Collins appeared to be on friendly terms—I never saw any books and papers of the prisoner's—I was not offered any, either by him or by Collins—all I did was to bring the prisoner to this country.
Cross-examined. Q. I believe you never saw him except in the prison at Turin, and on the frontiers, where you took him into custody? A. No; he was in the criminal prison at Turin, in consequence of an application made by Sir James Hudson to have him arrested—it had no reference to any criminal charge preferred against him in Italy—he was detained there afterwards, at his own request—I don't know anything about the railway works that were going on—I did not go on any part of the line—I daresay it was arranged that he should go to the frontier in order to be arrested—I have no doubt about it, because he was there—I was not informed so by the Italian authorities—I received information of it, but not from them—it was not officially discussed that he should be placed on the frontier that I might take him—I am not in a position to say that it was the result of an official arrangement—it may have been voluntary on the part of the bankrupt, and I should have thought so, had he not been accompanied by two officers.
MR. METCALFE. Q. Did that seem to exclude the notion of its being voluntary? A. I am quite sure it was not voluntary, from their presence, and from the remarks made by Collins.
CHARLES CADOGAN . I was the assistant-manager to the bankrupt, in King William-street—I took the financial department—I was there from the middle of February, 1861, till February, 1862, up to the bankruptcy—during that time materials to a large extent were sent out to Italy for the purposes of the railway; iron, timber, and fastenings, to an amount approaching 20,00l.—money was also sent out to Italy to a large amount, for the use of the railway—it was sent out to the bankrupt, and to his agent there, Mr. Charles Collins, for the purpose of carrying out the railway contract—more than 15,000l. went through my hands to Italy, in cash—that extended from the month of May until October—I think it ceased in October—I had the obtaining of the money on shares and debentures on almost all of them, and the money that was obtained came into my hands—all the money that I have spoken of was raised on debentures and shares, by sale, loan, and deposit—all the business in England connected with the railway was carried on at the office in King William-street, and in Italy, Charles Collins represented the bankrupt—Frank Collins was associated with me, as a manager—I found him engaged in the office when I went, and he continued there—he attended to all the correspondence, and to the shipping of the goods to Italy—Mr. William Collins, another brother, was also engaged there, and one or two other clerks—the bankrupt was continually passing to and fro between Italy and England—when in England, he was constantly at the office in King William-street—we did not keep books of account there—there were really no proper books kept—there was my own account, which I have delivered in—that contained all the cash raised upon the securities—there was also a telegram-book, a letter-book, and a bill-book; there was no cash-book—my cash account was mere abstracts from my private banking account—I was careful to pay everything through a banking account, that I might at all times prove it—I made out the account I spoke of from the bank-book—the account was kept in my own name; it was my own private account—I had strict instructions from the bankrupt to pay all moneys into my account, and draw from it any moneys that he required—it was very soon known what was mine and what was his—mine was limited—the whole did not belong to him—there was no difficulty in knowing about that, whether it was large or small—I could tell by marking my entries in my books, that was all, in the banker's passbook, and in the cheque-book—I looked after the bank-book; it was in my
own possession, except when I took it in to be written up—there was no other account kept besides that in my own name—Mr. Frank Collins had on account—the 15,000l. which I sent all went through my bankers—I am ready to give any information that you want—I paid the money in particular names, and drew the cheques in particular names—the banker's book will show that information—neither the assignees, nor anybody, would be able to tell which was my money and which was the bankrupt's; they would require my assistance—I know little or nothing of Frank Collins' account—very little of the bankrupt's money went through his account after I opened mine—a good many letters were continually coming over from Italy; they were kept at the office at the time—I could not speak very decidedly up to what time exactly, but up to within a few weeks of the bankruptcy—I know the letter-book was there, for I saw it, and it might have been later—some of the bankruptcy papers went over to the accountant's then, and there were some papers I know taken to Italy before that, by Mr. Buckwell, shortly before the bankruptcy—I really do not know where the letter-book went—I never saw it after the bankruptcy—I do not remember looking for it at all particularly—I did not see the bankrupt do anything with the letters—I only saw the bag which he generally carries with him a little fuller than usual, and I could see that the papers in the office were less—he generally took his bag with him when he went—he would have a great number of papers in the bag at all times—he would take papers at all times—I saw some papers placed in the bag—papers were placed in the bag at all times—no doubt I should not notice his taking papers just before he was going; it was usual—I know some papers were taken away at that time, and I could see that the bag was full of papers—I think that was a few weeks before the bankruptcy—I know it was at the time that this notice of bankruptcy was left, because it had excited my attention a good deal, and made me anxious; it made me notice a little more than at other times—the notice of bankruptcy having been received made me notice; I mean some papers from the Court of Bankruptcy; and there was another notice of bankruptcy besides the one upon which this bankruptcy was issued—it was just about the period that these papers were left that the letters were put into the bag; in my opinion it was after—I don't think I saw the letter-book after that paper was left—the letter-book generally would be put into Mr. Collins' desk, he being the correspondent—I should only see it when it was being used—I don't remember seeing it after the paper was left—there was no fresh letter-book after that—the telegram-book did not remain in the office—I never saw that, to my recollection, after the time that these letters were put in the bag—I have no recollection of seeing it after the paper was left that I have referred to, but I did not take particular notice—a good many loose papers and things were about the office after that, but I don't remember any books—there were the loose papers, which were afterwards given up to the accountant I believe; I don't recollect anything else—after the bankruptcy some letters still continued to come from Charles Collins to the office, not many; I could not undertake to say how many—I should think there may have been twenty or thirty—no letters were sent by me to Charles Collins—Frank Collins was the correspondent—I cannot say whether anybody, by the bankrupt's direction, continued to correspond with Charles Collins—I know nothing of any deed being prepared at the time of the bankruptcy—a copy of the charge that was given to the sellers of the goods, I saw for the first time on Mr. Preston's table, subsequent to the bankruptcy—I did not take it up—I had no knowledge of that deed until I saw that copy on Mr. Preston's table, and
that was merely in waiting to see Mr. Preston; my eye caught upon it—I had never seen it before, and knew nothing of it—I spoke to the bankrupt about it afterwards; he told me it was to prevent the Railway Company getting possession of the goods that he had given this lien upon them—he told me that the company were making a claim against him, and that he was making a large claim against them—I have heard that the amount of their claim against him was fifty odd thousand—I think that was before he spoke of this deed; that is my impression—I think the bankrupt went to Italy about 21st December, and then returned, and went again about 6th January—this (produced) is a copy of my book—Mr. Buckwell went to Italy either on 21st December or the day after—he returned very quickly, I know—to the best of my belief, it was about the 8th or 9th of January that he went to Italy again—he was here on 5th February, and he was here the first week in January.
Q. Was it not on the 1st of January that you received the paper, that you spoke of just now, which made you more attentive? A. What makes me rather careful about it is this: there were two papers on bankruptcy, one just previous to the other, within a fortnight of each other; the first was settled by the bankrupt before he went to Italy the last time but one; and this one, on which the bankruptcy was really completed, came within a week or two afterwards—I have no actual recollection of calling his attention to that piece of paper when he was in England the first week in January, but I am sure to have done it—the second paper of which I spoke was delivered between 8th and 9th of January; I must have called his attention to that if I saw him—it was either that or the previous paper that made me more particular—he had the papers in the bag on one of the two journeys; but the difficulty in my mind is, to say whether it was the one or the other—I know it was within a few weeks of the actual bankruptcy—at the time the papers were put in the bag, there was this dispute with the company—the bankrupt was being pressed by them—he was pressed by this notice in bankruptcy, besides the dispute with the company—he was pressed by other persons—I am not aware that Mr. Wood was pressing him—he had a loan with Mr. Wood, but I don't think he was pressing him—he was paying off that loan by small instalments, but in a friendly manner—I gather from my books that he was paying 60 per cent on that loan; he was paying it off by degrees—Mr. Wood was a creditor when I first went to Mr. Buckwell's, and he continued so up to the end—there are several entries of payments, the last one is on 2d January, 1862; bills were renewed for one month, and the interest was 5 per cent. for the month—the whole amount of the debt was about 400l. or 500l. when I first went, and it was reduced to 100l.; on 2d January, it was 150l.—it is not all paid off; there is a claim now of 150l.—the last payment was on 2d January—Messrs. Price and Bowstead, the petitioning creditors here, were also pressing him, on account of 1,100l.—that was by letter, and they also applied to me personally for money—that was three or four months before they issued out the bankruptcy proceedings—I gave them debentures and shares, and they gave some three months time or something of that sort; that time expired, the money was not paid, and they took proceedings in bankruptcy—they could get the debentures registered, but the company would not allow the shares to be transferred; they would not register the transfer—at the time these papers were put in the bag, the bankrupt's credit was stopped, from his dispute with the company; they had refused to go on with their advances to him—subsequent to the bankruptcy, they
alleged that the shares were improperly obtained; I did not hear that before—he was being pressed for money at that time, and could not raise it without securities; he had not securities—I was the recipient of a gratuity of 1, 000l. worth of shares—I was to have had 400l. a-year salary, but I never received 400l. a-year—I have only received, as my books show, 25l.; the other goes into a matter of account; I have an account against it—the shares that I had were to the nominal amount of 1000l.; that was not the market-value.
Cross-examined. Q. I believe the book you have in your hand, the assignees have had possession of? A. Yes; within, I think, two or three days of my being applied to upon this bankruptcy—I sent it to the accountants—I have not the date; it was about the 22d March, 1862—that book truly contains all the cash transactions of the office, as far as my knowledge goes.
MR. METCALFE. Q. Was there a single voucher of any kind supplied to the assignees of these entries? A. No; but they shall have them—I have never been asked for them—I am retaining my vouchers till my account is proved in the Court of Bankruptcy; but I will give them to the accountants, or to you if you like; you may have vouchers for everything—I have not been asked for a single voucher; the accuracy of my account has not been in any way questioned that I am aware of—this book contains the whole account of the money that came into my possession, and the mode in which I have discharged myself—it contains the 15,000l. or 16,000l. which I sent to Italy, and I have the Italian Cousul's account in my pocket, of the money that I sent.
Tuesday, March 3d., Adjourned.
CHARLES CADOGAN (re-examined). Messrs. Price and Bowstead were not pressing the bankrupt for a large amount on 26th November, nor was Sewell—I think Sewell had been settled with at that time; he was pressing before that—on 7th December, Anderton was pressing him—that was the one I was mentioning last night, as having served a notice of bankruptcy or something of that sort; that was arranged—I know nothing of Giles and Co. pressing for money—I think the General Discount Company were pressing for their balance about that time—I think there were some proceedings in that case; I think I remember paying some costs—Clemow was Anderton's solicitor—Captain Jameson was pressing—I don't exactly know the date; it was just before this—that was a claim in writing, not on behalf of the Railway Company; it was a loan made on the debentures of the Company—I attended to these matters—that was the entire business, getting money for the affair—Jameson was pressing some time before Christmas—Captain Hay was also pressing, by the same solicitor, on another loan—there were some bills for timber, which I think were overdue—I know that applications were made at the office, to Mr. Buckwell, for the payment of those bills—I was present—securities were given to the parties who held the bills.
Q. Was there not so much pressure, that on 16th December, you and Collins were present with the bankrupt when the clauses of the New Bankruptcy Act were read over and explained to the bankrupt? A. Really I cannot remember that—I can remember on one occasion Mr. Preston describing the effect of the Act; the Act was referred to, and certain clauses picked out and read—I should imagine that was before Christmas—it was at the time we were being pressed by these different persons; that would be the cause of it—the telegrams from Charles Collins always came to Mr. Frank Collins, not to me—I should see them when I went into the office; but my duty was to be out all day lung, getting money on these securities
—Collins would be more familiar with that part of the amount of shares was given to Mr. Hoffman, as security for the timber, and that was arranged in that way—Anderton's claim was arranged by debentures, and with regard to Captains Hay and Jameson, they have debentures in their possession to twice the amount of their claim—the General Discount Company had no security, but it was a very much reduced account; it was nearly paid off—Sewell has been settled with, Masterman's not, but they have a very large quantity of shares deposited with them, representing in value the full amount, supposing they could be sold at their nominal value—Captains Hay and Jameson's security was debentures—they were pressing for their money, notwithstanding they had been deposited—the Novara and Lake Orta Railway Company have refused to allow the shares to be dealt with, not the debentures—there was a dispute between the bankrupt and the Company as to their right to interfere—the bankrupt claims a large amount of the Company, and the Company make a claim of him of about the same amount—he disputed their right to interfere with the transfer of the shares—if his claim on the Company had been paid, there would have been plenty to discharge all these claims.
FRANK COLLINS . I was employed by the bankrupt, at 26, King William-street—my duties chiefly referred to the contracts and correspondence, from the commencement of Mr. Buckwell's contract for making the railway—I was acquainted with him before; I had some few dealings with him, that was all—I corresponded with Charles Collins, who represented Mr. Buckwell in Italy—I corresponded with him under the control and with the sanction of Mr. Buckwell—that was for the most part of 1861—I received not only letters but telegraphic messages from him, and also frequently sent them to him in the middle of the year—some of the messages received from him were kept in the office, and in some instances copies were kept of those I sent to him—there was a telegram-book kept in the office, supplied by the telegraph company—letters which came from Charles Collins, on Mr. Buckwell's account, were also kept in the office—copies of some of those sent to him were entered in a letter-book, probably the great bulk of them—I very frequently used to write without keeping a copy—if I sent any letter of importance, of course I should have it copied—the letter-book was kept in the office—there was no other book kept in the office besides the telegram-book and the letter-book, except the bill-book; I mean in my office, in the office generally—Mr. Buckwell had a banking account at Masterman's; that was besides the one that Mr. Cadogan had; it was at the same banker's, Masterman—the account was in Mr. Buck well's name before Mr. Cadogan was associated with him; that was up to the spring of 1861—Mr. Buckwell's account then virtually ceased, and Mr. Cadogan's account commenced—I had an account at the Bank of London—there was money which was paid on Mr. Buckwell's account, paid into my account; it was my account—money received for matters connected with Mr. Buckwell was very frequently paid into my bank—as I received them I paid them in to my account, some sums; and then I drew out that account when I wanted to pay matter for Mr. Buckwell and for myself—the account was so situated that generally the moneys I received on the part of Mr. Buckwell were, in fact, due to myself; therefore it was my account—I don't say that was always the case—he was generally in my debt, for advances and salary—my appointment with Mr. Buckwell was at 500l. a-year, at first—my position was improved nominally afterwards—I tendered my resignation to Mr. Buckwell on two occasions, and at the time of the formation of the
company he offered me 500l. a-year additional, in shares, not in money, to stay—my name is down here for a gratuity of 1000l.; that was besides the 500l.—I received money for Mr. Buckwell, paid it into my account, and then drew upon it, sometimes for his use and sometimes for my own; the account may in that sense be said to be mixed up—there were, of course, counterfoils of cheques which would explain—I don't know whether that would be satisfactory to the assignees, but I could give them information respecting it; it would depend a great deal on my information—if they came to me, they must be satisfied with my representation.
COURT. Q. Was there any book kept belonging to the bankrupt which would show the assignees, if it were given up, what the state of the account was between you and him? A. I should think not.
MR. METCALFE. Q. You have spoken of the letter-book, the telegram-book, and letters and telegrams being in the office; how long did they remain there I—were there any there at the date of the bankruptcy except those that were given up to the official assignee? A. I recollect the letter-book was there, I am sure of that—the letters were taken out and endorsed by Mr. Buckwell's clerk, in consequence of some copies of letters of mine being amongst them—the letter-book consisted of the letters—there were some few of mine, relating to my own affairs, amongst them—the others were sent to the accountants or to the official assignee, I am not quite sure which; I know that they were desired to be sent, and I believe they were sent; I don't know it of my own knowledge, because I did not take them—Mr. Buckwell desired them to be sent some few weeks after the bankruptcy—I can't say to a dozen or a score how many of my private letters were in that book—I don't know how many letters there were altogether in the book; there were a good number.
COURT. Q. What became of the book? A. The covers were destroyed, as rubbish I suppose—I should think all the letters relating to Mr. Buckwell's affairs were taken out and endorsed, and directed to be sent; I can't answer for all; his clerk Mr. Raftery, I think, did it—I don't know what became of the covers; I had nothing to do with it.
MR. METCALFE. Q. What became of the letters of Charles Collins which came to you, and were preserved in the office? A. Mr. Back well was in the habit of taking those letters; the bulk, perhaps, remained in the office till the middle of 1861, or the autumn, or thereabouts—I don't know what became of them then; I can't tell when they left the office—Mr. Buckwell was in the habit of taking them away; they got rather less than more in number—I don't know when he took the last away; probably the bulk were taken in 1861, and there were, no doubt, some taken in 1862, but I think not many—it is a long time ago; I cannot fix any particular date in 1861, when I saw him take any letters away—during the whole of 1861, when he went to Italy, he was in the habit of taking some—I don't think he took any so late as Christmas—I forget the dates at which he went to Italy, but I don't think it was on the last occasion that he went, in 1861—it was at the time when he was going off to Italy, but not on the last occasion, because I rather think at that time he went away in a hurry; I mean the last occasion in 1861; I don't think it was on that occasion—I have no very precise recollection—I continued inserting messages in the telegram-book up to late in the autumn—I don't recollect when I last saw the telegram-book—it was not my particular duty to enter the telegrams in the book; it was not done under my direction—I had some management of the correspondence, but it does not follow that I had all—I cannot tell how long the telegram-book
remained in the office, or when I last saw it—I cannot say how long before the bankruptcy; it might have been four months, I really can't recollect—the letter-book had got overlooked when the messenger came—my attentioon was particularly drawn to it by a letter from Mr. Dangerfield—the messenger might be included amongst those who overlooked it—if it was my duty, or Mr. Buckwell's, to deliver up the papers in his possession, it must have been overlooked by each party—they were small books—there was more than one; I don't know how many there were—there must have been two or three—they all had letters torn out of them—that might have been a few weeks after the messenger overlooked them; the messenger did not remain in possession, nor any one—the messenger did not apply to me personally for books; I was not there when he came—I don't recollect his applying to me for books to be given up; he may have—at all events, if he did, I did not give him the letters; I overlooked them; I did not think of it—I did not continue to correspond with Charles Collins after the bankruptcy, not for the first few weeks—I have corresponded with him occasionally since the bankruptcy, but not for some weeks after, because Mr. Bucker well conducted his own correspondence; I think not at that office—I can't say whether any letters on business were written there after that—no letters, to my knowledge, were entered in the letter-book after the bankruptcy—the letters of Charles Collins, sent to me after the bankruptcy, were not kept in the office—no telegrams were entered after that, to my knowledge, nor any telegraphic messages kept—I did not interfere so much with Mr. Buckwell's business in 1862, and I am not, perhaps, capable of giving you the information which you think I am; I had other business to attend to, new business to me—I do not remember attending a meeting when the Bankruptcy Act was read over to Mr. Buckwell—I have no recollection of having heard it read at any particular time—I think I remember some clauses being read over; I think that was about a month before Christmas—there were some claims being made upon Mr. Buckwell at that time—I think I had some communication with him on the subject of the demand in bankruptcy; that was, I think, at the end of 1861—there were one or two matters of the kind, and it is probable that I consulted with him, or communicated the matters to him, at the time of the occurrence—I may have spoken to him about it in 1862, I should think it very likely; but these things referred more to Mr. Cadogan—I don't remember whether I brought to his attention the fact of a demand in bankruptcy having been made in 1862—I am quite sure that I was in communication with him in some way or other upon this subject, but I ban no particular recollection of bringing to his recollection, in 1862, the demand made by Mr. Dangerfield on behalf of his client—I recollect Messrs. Price & Bowatead pressing; I went down to Mr. Preston's about that—I think it is very likely that I mentioned that to Mr. Buckwell as soon as he came from Italy, but I have no particular recollection of doing so—I was very little with Mr. Buckwell at that time, and saw very little of him—I don't know what has become of the letters since the bankruptcy; they came from Charles Collins, addressed to me—I gave them to Mr. Buckwell from time to time, as they arrived; I would rather not specify the number; there were a number, twenty or thirty probably—I handed them all over to Mr. Buckwell without reading or opening them; they were for him under cover to me—I handed him the telegrams also, if there were any—when he was in England I did not open the letters—he was occasionally at the office after the bankruptcy, and elsewhere among his friends—part of the time he was living with me—a considerable part of the time he was in the North—his
letters were addressed to the Lower-road, Islington, where I was living—the letters came there in my name, and I handed them over to him.
Cross-examined. Q. I see here a great number of letters produced by the assignees: have you been asked to go through those letters, to see if any are missing? A. I have not.
JURY. Q. Was the office at 86, King William-street your office before the bankruptcy? A. Yes; and at the time of the bankruptcy, and after it.
COURT. Q. How do you mean that it was your office? A. I had an independent business besides my connexion with Mr. Buckwell—he had the greater part of the office—I considered one room mine more especially, but he had the run of the whole—before he was engaged by this railway, we occupied these rooms, each paying a moiety of the expense, and so it remained until he took other offices at the same place; he had some additional rooms, still continuing to have the use of a portion of mine and to pay half the expense, in fact, he undertook to pay all the expenses; as he went on a little further in 1861, the business got more flourishing—to the best of my belief a great number of the letters which had been in the letter-book were handed over to the assignees—my attention was drawn to it by a letter some time after the messenger had been—I then gave the letter-books bodily to Mr. Buckwell, who I heard give instructions to his clerk, Mr. Raftery, to endorse them and send them to the assignees—I do not know of any letters which at that time were not sent to the assignees—I have not since seen what letters were in the possession of the assignees—I don't remember any particular occasion when the bankrupt took away letters with him to Italy; he took some on all occasions—I did not mean to infer that there was one occasion in particular—I don't remember any particular time when a large number were taken.
Q. Are you able to state, from your knowledge of the letters, whether there was any necessity for those letters in Italy in consequence of any disputes he might have with the railway company there? A. Yes; I believe that was the intention he had in taking those letters out—I knew it to be the fact that he meant to prosecute claims and rights which, as he imagined, he had against the company out in Italy—he had a status there which he felt he had not here, and he thought it was necessary to have some of the letters in order to prosecute those claims with effect—I should think that would be so from what I knew of the nature of the letters; I should think every information he could get would be necessary for him.
JAMES COOPER (re-examined). I have in my hand a number of letters signed "Charles Collins," and endorsed "C. Collins"—they have been looked through, either by myself or my clerk Balls, who has had this matter in hand—I can't say that any I have looked at appear to be torn out of a letter-book—here are a number marked "copy;" I will give you a sample of them—here is one dated 29th December, 1861, from C. Collins, Borgo Maniero, to the directors of the Novara and Lake Orta Railway Company—that is not a machine-copy but a hand-copy, with the word "copy" in the margin—here is an original letter from Charles Collins to Frank Collins, but that has no appearance of being torn out of a book—I saw nothing having the appearance of being torn out—we have a list here of the bundles—here is a bundle headed "letters and copies, Charles Collins, Italy"—none of these have the appearance of being torn out of a book—this is a copy by hand of a letter from Charles Collins to Mr. Buckwell, in London—I don't see any copies of letters from London to Charles Collins—several of these
letters appear to be to Frank Collins, not to Mr. Buckwell—if I had had my attention directed to anything in particular, I would have made myself master of it; but I came here generally, not expecting to answer any specific questions, therefore I have made myself as well up in the matter as I could—I believe there are, intermixed with these, original letters of Charles Collins to Mr. Buckwell—here is one, dated 26th October, 1861, and I find others from Charles Collins to his brother Frank—there are three or four bundles in which they are intermixed, some to Mr. Buckwell in each bundle—I should think there are altogether forty or fifty original letters from Charles Collins to either Mr. Buckwell or Frank Collins—the rest of the papers consist of contracts and miscellaneous letters relating to the railway, letters to the engineers and to the company, and so on; and some are only copies of letters—I may say that, as accountants preparing a balance-sheet, we should not read all these letters minutely one by one, but require to be furnished with an account-current—as far as I know, they did not supply information or vouchers of any kind sufficient to test the accuracy of any account.
COURT. Q. There was a certain book given up by Cadogan; does not that give the cash account? A. That gives the cash account in London; and Charles Collins sent home an account from Italy, which purported to be a cash account there, but it was defective; it was not such as we could adopt, and we stopped there, requiring the vouchers in support of it—I should not have expected, from the general nature of this correspondence, to find among these letters any that would supply that deficiency; not in the ordinary course of things—Charles Collins, in this account, charges himself with having received 442,000 francs; in English money, 17, 600l.—it commences thus: "1861. To cash, W. B., 8, 467l.;" and then, "Per contra, cash payments, working materials, &c., 5, 758l."—these two little books came over with that, purporting to give details of that, but we could not adopt those in this rough state; we required the vouchers—the little books do not explain that sum of 8,000l. with which that account begins—here are the books; they do not contain the details of that 8,000l., but of the subsequent sums—the first item in that statement is May 6th, 1861; between that and the end of the account, the amount is 9, 200l., exclusive of the sum mentioned at the heading.
HENRY BALLS (re-examined.) I have glanced through this correspondence—I am not able to say whether there are any documents, purporting to be copies of letters, which appear to be torn out of a book—I have not seen any such papers.
JAMES DANDRIDGE . I am a solicitor's clerk—I was formerly clerk to Mr. Dangerfield—on 1st January, 1862, I served a document at the prisoner's office, 86, King William-street, and also at the place where his business was carried on at Greenwich—this is the office-copy of the notice, and an affidavit of service—I asked the name of the clerk to whom I delivered the notice in King William-street, and he told me it was William Raftery—(This was a notice to produce the demand in bankruptcy).
ALLAN LAMBERT . I am one of the directors of the Novara and Lake Orts Railway—in consequence of what happened, I went over to Italy, for the purpose of looking at the line that was being made—I did not go as a director; I went to see what amount of work had been done on the line—I did not, before doing so, see Mr. Buckwell, and tell him I was going—no one, that I am aware of, was sent to look at the line on his behalf—I did not mention to Charles Collins that I was going—I went over towards the and
of March, 1862—measurements were taken under my direction of the work that had been done—estimating it at liberal prices, I should consider the value of the work was about 8,000l.—I cannot state, from my own knowledge, what amount had then been paid for work on the line—all the payments had been made before I had anything to do with the company.
Cross-examined. Q. What are you by profession? A. I am now a merchant—I was a civil engineer at that time; I have been a civil engineer for seven years—I first became a director of this company in September or October, 1862—that was after I had seen the line—I went out as an engineer on behalf of the company—measurements were taken by an engineer by consent, an engineer appointed by Collins, Mr. Buckwell's agent.
COURT. Q. You said just now that no one was there on his behalf? A. I said no one was told that I was going out there—there was a man out there—I went out entirely independent of the bankrupt; I had nothing to say to him.
MR. GIFFARD. Q. Were these measurements made under your supervision? A. Yes—there was an agreement entered into in writing—that is in Italy—it was made with the bankrupt's agent, Collins—the works were commenced on many parts of the line, but in no part finished—there was about five miles not commenced—there was nothing done, but the works were commenced over a large area—work was done over somewhere about eighteen miles—I don't know whether the contract is in Court—I believe Mr. Buckwell had to supply the land in parts, and pay for it—land is expensive in Italy; it varies from half a franc to a franc per lineal metre—I had furnished to me receipts of land that he had purchased, and they amounted to about 2,000l.—I have not included that in the 8,000l., nor save I included anything for plant and materials on the line—there was a large quantity of plant at Novara.
MR. METCALFE. Q. Was there anybody who surveyed the line on the part of Charles Collins? A. No; there was a measurement made by a person on behalf of Collins—I did not see Collins myself—a measurement was taken by some other person than myself; I was not present when it was taken—the whole length of the line, according to the contract, is something like twenty-seven miles; of that no part was done; but over the whole of the line some works had been commenced by Government, but they were in an unfinished state—the 8,000l. I have spoken of refers to the works on the line alone, works actually done—there were no materials used in making it—there was the earthwork and such brickwork as was done, the repairing of the road, which was a portion of the contract, and there was a little ballast—there were about 130 tons of rails lying on the line near Borgo Maniero—there were no other materials on the line, not placed ready for laying—I can only make a very vague statement as to the whole amount expended, including the purchases of land, plant, and materials; but I should think there might be about 30,000l. worth—I should be sorry to state that as the outside—I have included rails, timber for sleepers, some waggons, a certain amount of bolts and other fastenings, chain, fishes, and so on, the general plant for making and laying a line of railway, every source of expenditure connected with a railway.
JAMES COOPER (re-examined). There has been no statement of accounts filed upon the proceedings—from time to time we have given all the information we could to the assignee's solicitor, but we have never been able to complete the accounts; they are all in an unfinished state.
MR. GIFFARD submitted that upon this evidence there was no case to go to the Jury. MR. METCALFE contended that there was evidence of the Common Law offence, that he had not complied with the statutable order of the Court in filing accounts. THE RECORDER could not say there was no case to go to the Jury; there was a very slight one; but the question for the Jury was, whether or not there was an intent to defraud?
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
JOHN PACKER . I am clerk to Mr. Bellamy, secretary to the Novara and Lake Orta Railway Company—I am very often present at the meetings of the board—in September, 1861, I remember an issue of debentures to the prisoner; I can't say exactly to what amount—I had the preparation of them—I have the minute-book here, of 10th September, 1861—the prisoner attended at that meeting; I was not in the room at the time—I am always in and out of the board-room at the time of the directors' meetings—I do not remember the prisoner saying anything about the shares, or making any remark—I can't say whether he was present when the resolution was passed—I saw him in the room at that meeting—I did not, at any subsequent time, speak to him about the resolution—I don't know what he did there—this paper (produced) was received at the company's office, through the post—I can't say the date; we usually mark on them when they are received, but we have not done so in this instance.
CHARLES CADOGAN . I was at the company's office on 10th September—I did not receive any debentures that day—they were not delivered till some time after; it may have been four or five weeks after—I received them, and signed for them—it is my belief that I received 9,000l. worth—a few days prior to 10th September, or on the morning of that day, the prisoner told me that he was required to furnish a certificate—he said he could furnish them with the certificate of the Government engineer if they desired it, he was so confident of the work—I heard from him that the debentures would not be issued without a satisfactory certificate, a certificate of some extra amount of work done on the line subsequent to the last—about 52,000l. worth of debentures had been issued previous to this 9,000l. worth—those were the last debentures I received; and there had been sham to the amount of 59,000l.; but they were issued by the old company, promoting, not the present company—that is 59,000l. in nominal value—I knew they had been issued to Mr. Buck well—I think I went to the office about a week after 10th September—we were waiting for this certificate—he went there, in pursuance of some request, to see the directors about the issue of some more debentures, to satisfy them as to the work done—I understood from him that he could give them a satisfactory certificate of the work done; if they required it, he could give them the Government engineers—I was in the room on one or two occasions; but I never heard any promise of that kind in the room, or any resolution about the issue—the prisoner afterwards told me that 10,000l. worth of debentures would be issued, and he desired me to look after them when he went to Italy—he left directions for them to be given to me—I merely understood that he had satisfied the directors to induce them to issue them—there was some delay in getting the certificate; it was mislaid in the company's office, and I remember directing a telegram to be sent to Mr. Buck well to forward it—I had no conversation
with him about it afterwards, he went away to Italy so quickly afterwards to go on with the work—I understood he was going to send a certificate; he told me so—I can't remember how shortly after that he returned—he was very seldom away more than three or four weeks—I had no further conversation with him about the certificate soon after his return; I had subsequently, a considerable time afterwards, when there was some dissatisfaction at the office about it—he then said that the two men signing the certificate were the best men to certify to the works that were done there; one was an engineer, and the other had charge of the goods, and knew the value of the goods that were put on the line—I did not learn from him, in the first instance, who Harry Fisher was—I think I mentioned to him who I had heard he was; that I understood he was the son of the sub-contractor, not an engineer, and that he was described as a very young man; I don't know the age—it was then that he said he was a very fit man to certify, because he had charge of all the goods on the line, and knew their value—I think he admitted that he was the son of the sub-contractor, but I really don't remember exactly what he said—he did not deny it; he tacitly admitted it—I have seen Harry Fisher once within the last six months; I should fancy he was more than 19, I should say from 20 to 22—he is not an engineer that I know of—I have no knowledge—he certainly could not be the Government engineer—I do not, of my own knowledge, know who Del Papa is—I knew from Mr. Buck well that he was employed by him on the line as an engineer, and had been for some time—I have heard more than once from Mr. Buckwell, that he was employed on the line as an engineer or a surveyor; I do not discriminate between the two; he was engaged upon engineering works—the certificate was shown to me at the office some month or two after the date of it, after I had received the debentures—Mr. Buckwell was not then present—I am not aware that it was shown to him on any occasion—I have no recollection of mentioning to him the fact that I had seen it—I do not remember being present in the board-room when there was a conversation about a telegram—I remember taking a telegram which they said was insufficient; Mr. Buckwell was not there then—I don't recollect Mr. Buckwell laying anything more about Fisher than I have mentioned—I remember calling his attention to the certificate signed by Fisher, and that the company were not satisfied with it, and it was then he said that Fisher was the proper man—I don't remember that he told me who in particular had sent over the certificate, or who had obtained it—I think I understood from him that it was Charles Collins. (MR. METCALFE proposed to read the certificate, but the RECORDER was of opinion that no foundation for making it evidence had yet been laid.)
THOMAS SANDERS . I am a member of the bar, and am one of the directors of this company—I was present at a meeting of the board when the prisoner was there in September 1861, when he asked for some more debentures to be issued—I should not ordinarily see the handwriting of the minute-book, the secretary would read it out—the prisoner was asked what amount of work had been done, and he made a statement as to the amount of work—I cannot recall the figures; I think it was that a considerable amount had been done since the last issue of debentures, and he wished for a fresh issue to meet the work done—as far as I can recollect, he was told that he could have a fresh issue if he could show that the work had really been done—he offered to produce a certificate that work had been done to an extent exceeding the amount of debentures he asked for, and he proposed that that certificate should be signed by two persons, whom he mentioned, and he gave an
account of who they were—as far as I can recollect, he stated them to be persons holding considerable positions; and the board, so far as I can recollect, passed a resolution; I think they agreed to it in his presence, that if he would produce such a certificate, they would issue the debentures—I think he attended the board the following month—I have no means of knowing whether that was after or before the debentures had been issued—I think he attended then on the subject of sending out a cargo of rails—I do not recollect any conversation with him about the certificate—I think I was present at a subsequent meeting when the debentures were issued—the secretary had reported that he had received the certificate—unless we had believed that a proper certificate from a competent person had been lodged, we should not have issued the debentures—I should have no power, as a single director, to depart from the resolution of the board—I had nothing to do except to act as one of the two directors, to attach signatures for the issue of the debentures—no debentures were issued to Mr. Buckwell subsequently to those which were issued in virtue of that certificate.
Cross-examined. Q. As I understand, this signing by you and your codirector was a ministerial act? A. Yes, purely so; we exercised no judgment upon the matter at all—the payments to be made to the bankrupt were regulated by a contract in writing between him and the company—I was examined before the Bankruptcy Commissioner, but not before the Magistrate—the bankrupt was not present when I was examined in the Bankruptcy Court.
FRANK COLLINS . I do not remember any particular conversation with the bankrupt about the issue of the last debentures—I knew generally of the application for them—I knew independently of him that they were issued—I don't recollect hearing him say so—I did not discuss with him the certificate that was given, not on any occasion—I know the name of Fisher; I had no conversation with the bankrupt about him.
JAMES COOPER . I received this list of shares and debentures in this way: the bankrupt was asked to supply a statement of how he had disbursed them—I asked him if there were books; he said, "Yes"—I asked him to let me have them; he said Mr. Preston, his solicitor, had them, and Mr. Preston sent them to me—I find in this list shares and debentures amounting to 129,000l.—this is the list I referred to in the last case—the amount of shares issued to Mr. Buckwell is 59,000l.—this is his account of what became of them: "Deposited with Masterman & Co., 10,000l.; with other creditors, 7,500l.; given to promoters and for obtaining directors, 7,000l.; given to Mr. Kettle to raise money upon, 15,000l.; Thompson, 5,000l.; Morgan, 5,000l.; Preston (for an old debt), 1,000l.; Foster, 1,000l.; gratuities, F. Collins, 1,000l.; C. Collins, 1,000l.; Cadogan, 1,000l.; W. Collins, 250l.; directors, 3,000l.; gratuities and salaries, 250l.;" altogether 59,000l.—this was only an approximate account, referring particularly to shares; but afterwards we made out a list in detail, which was sent to Mr. Dangerfield—that latter one we should rely upon as being correct—there are explanations and remarks in the margin; the sum-total is the same—in this list Frank Collins is put down at 1,250l., with a note against it, "Applied in formation of the Company;" Cadogan's name is put down at 6,000l., "Applied in formation of the Co.;" W. F. Collins, 1,400l., "1,250l. applied in formation of the Company," and 150l. given for services"—in the first list 5,000l. is put against the name of Morgan—here it is: 1,500l. with a note, "Given as security for debt"—the first statement was made up from memory—I don't see the name of Charles Collins in this list—of the 6,000l. against the name of Cadogan, it
states that 1,000l. was applied in formation of the company, and 4,000l. given as security for balance of account, and 1,000l. covered on debentures—no dates appear, but I have a minute on the copy sent to Messrs. Danger-field, of the 31st of March, 1861; that was the date upon which the account was completed and sent—it was from the bankrupt's information that I made this up—I have an account rendered by him, from which this was framed—he did not explain or account for the differences between the first and the second; the first was given from memory, and this was made up from documents—he gave me these papers (producing some) as being fuller information, from which this account should be prepared—I have no memory of what he said, except from the papers.
Cross-examined. Q. I suppose you re-affirm all that you said to me upon cross-examination? A. Yes.
The RECORDER was of opinion that there was no case for the Jury, and directed a verdict of
NOT GUILTY .
MR. METCALFE upon this charge offered no evidence.
NOT GUILTY .
PLEADED GUILTY .— Confined Eight Months.
PLEADED GUILTY .— Four Years' Penal Servitude.
461. JOSEPH NICHOLSON (37) , Feloniously having in his custody and possession a forged plate, in imitation of the Stamp-office plate, directed to be fixed to every hackney-carriage, well knowing it to be forged; to which he
PLEADED GUILTY .— Fined Forty Shillings.
Before Robert Malcolm, Kerr, Esq.
MR. METCALFE conducted the Prosecution.
ELIZA HAYDON . I am in the service of Mr. Shaw, of 115, High-street, Whitechapel—he is a customer of the prosecutor's—I paid these two bills (produced), not on the dates mentioned on them, but in the course of the week—I sometimes paid on a Tuesday and sometimes on a Wednesday—we pay in one week the previous week's milk—I presented them to the prisoner, and he signed the receipts here—I don't know the date of that.
Prisoner. It was on the 9th February that I received those two sums, both at one time. Witness. You did not receive them both at the same time, but at different times.
CEPHAS FOSTER . I am proprietor of a dairy at Mitre-square, Aldgate—it is a very extensive business—the prisoner entered my service on 22d November last, at a salary of 18s. a week—he had no other duties than to take out milk, collect monies when bills were given to him, and pay the money in at the close of the day to one of the clerks, either to Davis or
Crocker, and always on the same day as he received it—a copy of this notice (produced) is fastened up in our place so that every person can see it, and the attention of the servants has been constantly called to it (read): "All money to be paid upon the day on which it is received; no excuse will be allowed in the event of the money not being paid to the clerk daily"—the prisoner never paid money to me—he left on 10th February—I cannot say when I engaged him; I have not the date—he left on account of sickness, so he said—no money was due to him at that time—in consequence of his leaving I made some inquiries, and the result was that I gave him into custody—these two documents are not genuine bills—I received this letter (produced) from the prisoner—I have no doubt it is in his handwriting—this was dated "Newgate, 24th February, 1863," acknowledging that he had done wrong, and begging forgiveness for the sake of his wife and children—I think, on the Thursday before he left, he made some observation about making it up, but I told him I could not entertain anything of the kind—he admitted receiving those monies and not accounting for them, for which he said he was exceedingly sorry.
Prisoner. Q. Did you not say you would allow me time to pay this money? A. I made no such reply.
FREDERICK CROCKER . I am clerk to the prosecutor, and one to whom the payment of accounts is made—the payment passes through the hands of Mr. Davis—the prisoner did not pay me the sum of two shillings, received from Mr. Shaw, on the 24th or 31st of January, or on the 6th or 9th of February, or at any time; the money has not been paid into the firm at all—the prisoner did not say anything about them.
ROBERT HENRY DAVIS . I am clerk to the prosecutor, and am the other person to whom payments ought to be made—the prisoner did not account to me for a sum of two shillings received from Mr. Shaw, on the 6th or 9th of February, or at any time.
Prisoner. Q. Did not I tell you that you were not to deliver Mr. Shaw's bill in full, because I had received two weeks' bill, 4s.? A. You told me at Mr. Thornton's, not at Shaw's.
COURT. Q. Might he have said it without your noticing it? A. He might have done so—I heard something take place between the prisoner and Mr. Foster—he came to see Mr. Foster, and he asked him what he had done with the money—he did not make any reply—Mr. Foster said, "What are you going to do in it?" and he said, "I will pay it back as soon as ever I can"—that is all I heard—that was after he left, on the Thursday I believe.
Prisoner. You came to see me when I was ill? Witness. Yes; he was in bed ill—I spoke to him about the accounts then—I was sent by Foster to him—I asked him for the bills he had not delivered, and he told me of some, and said he would send the money up to-morrow morning, which he did for two of them—I took it—I don't think Mr. Foster knew of it; I told him of it—the prisoner was taken into custody after he had told us about Thornton's, and then we found the others which he had received but not accounted for—he told me he had inflammation of the chest.
Prisoner's Defence. I was employed to carry out milk; I had any quantity per day that I required for the walk, varying from fifty to eighty quarts per day; I took it out morning and afternoon; sometimes, perhaps, I sold fifteen or sixteen quarts to cash customers, and that I had to pay for every night, whether I received the money or no.
he had been paid—we allowed no credit at all—he was not entitled to leave it without payment—book-customers, as we call them, are the only customers we acknowledge—we debit the prisoner with the amount of quarts of milk, and he has to sell that on his own responsibility, and pay the money into us.
NOT GUILTY .
SARAH CROSS . I am a widow, and keep a coffee-house at 38, High-street, Whitechapel—on 28th January I paid the prisoner 15s. 9d.—I have the bill here; he receipted it—it was for milk supplied by Mr. Foster to me, up to 24th January—I also paid him, on 15th February, 14s. 3d. for milk supplied up to 31st January—I have also the bill and the prisoner's receipt for that.
JANE BETTS . I am in the service of the Rev. Mr. Thornton, of White-chapel; he is a customer of Mr. Foster—I paid the prisoner 5s. 4d. for milk supplied up to January 31st—this is the bill—I think I paid it on 22d February—I am not quite certain which day it was in February.
FREDERICK CROCKER . The prisoner did not pay to me those two sums received from Mrs. Cross, or the one received from Mr. Thornton—he takes out a certain number of quarts of milk a day—we have credit-customers and cash-customers, and he is told to give no credit upon his own account at all—if any wish for credit he is to place them on the books; therefore, if any of the customers get into his debt it is at his own risk and his own fault—he must either bring back the milk or the money—that is the understanding as to credit-customers—bills are furnished to him to collect the money—he is never called upon to pay money he has not received—these two bills of Mrs. Cross's are not genuine bills issued from our establishment; our bills are on blue paper, and there is a difference in the type—I am quite sure those two bills were not furnished from our establishment; there is "3, Mitre-street," instead of "3, Mitre-square"—bills are given to him every week.
JURY. Q. Who has the making out of the bills principally? A. My fellow-clerk makes out the bills, and I examine them before they leave the office—the prisoner does not make out any of the bills himself—every bill that leaves the office is examined by me—Mrs. Cross's two accounts make up thirty shillings—an account for thirty shillings was given to the prisoner.
COURT. Q. Did you give it to him with your own hands? A. Either I or my fellow-clerk—I saw it delivered—it was made up on 31st January, and given to him on 3d of February—both the sums are charged in one bill—it was given to him on one of our ordinary forms.
Prisoner. I never had a bill for thirty shillings in one bill, not the two amounts in one bill.
ROBERT HENRY DAVIS . The prisoner did not pay me any of those three sums at any time—when I went to see the prisoner, I told him that Mr. Foster had found out about his having those bills printed, and he would most likely get hi a noise about it—he said that he had them printed for his cash-customers.
COURT. Q. Did he mention Thornton's bill? A. Yes; he told me he had received the thirty shillings from Mrs. Cross, in silver, and lost it; that he went into a public-house to have a glass of ale, and sat down to make up his book, and a person asked him for change for the thirty shillings, which
he gave him, and got a sovereign and a half in return, which he put into his waistcoat-pocket and lost it, the pocket having a hole in it—he told me the public-house was at the corner of Great Garden-street—I saw his waistcoat; it had a hole in it—I have not inquired about the printer of these bills; he did not tell me—he told me at once that he had them printed for his cash-customers—I have not found any of his cash-customers; I have been after them—I have found no other printed bills—I have inquired for them; I went to Mr. Wilson in the Whitechapel-road; he had none of these forged bills—he kept a running account with the man—that milk was charged to him when he came home, if he did not account for it.
CEPHAS FOSTER . I have looked at those documents which were left with Mrs. Cross; they are not circulated by my authority—I know nothing at all about them—they represent an account in our books, but they do not apply to cash-customers at all—Mrs. Cross is a credit-customer of mine; indeed all who apply to those bills are credit-customers, and these two have been used for our credit-customers—I do not authorize any such thing in my business—I had no knowledge whatever of it.
Prisoner's Defence. When I first came to the milk-walk I had Mr. Davis with me to show me the walk; on two pages of the book which I took out were the book-customers and the cash-customers; he told me I should have to be responsible for the money, and pay it in at night; I issued these bills to my cash-customers week by week; I had a running account with some of them; I told Mr. Davis about the loss of the thirty shillings the same night.
NOT GUILTY .
NEW COURT.—Tuesday, March 3d., 1863.
PRESENT.—Sir FRANCIS GRAHAM MOON, Bart., Ald.; Mr. Ald. GABRIEL; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. POLAND conducted the Prosecution.
MARY SATCHWELL . I am the wife of George Satchwell, of 31, Exmouth-street—on 14th February the prisoner purchased a piece of cheese, which came to 4 1/2 d.—she gave me a florin—I gave her the change and put it in my pocket, where I had no other florin—I turned my pocket out directly she left, and it was the only florin I had—my husband said that it was bad, and threw it in the fire—the prisoner came again next day, and my brother was going to serve her—I knew her directly—she said, "The lady generally serves me"—he said, "Very well, the lady can take the money now"—she gave me a bad shilling, which I gave to my husband.
Cross-examined by MR. LAXTON. Q. How long has she been a customer? A. About five weeks—I believe she has been there every Saturday night since we opened the shop five or six weeks before, and we took bad money every Saturday night—we were taking money all the evening, and the prisoner came about 10—I had about twenty five shillings in my Pocket—there is no till where I stand—the prisoner afterwards gave a good half-crown on the second occasion, and we gave her change.
on 14th February, my wife gave me a bad florin—I bit it, threw it in the fire—I afterwards found it melted into a piece of metal—on the following Saturday I saw the prisoner there, and my wife gave me a bad shilling—told the prisoner it was bad, and that she had passed a bad florin last Saturday night—she said, "I took it from my landlady," and gave my brother a good half-crown—she said, "I do not think I gave a two-shilling-piece last Saturday."
Cross-examined. Q. Before you gave her in custody, did you ask her to pay with good money? A. No; but she offered to do so—my brother took the half-crown, and gave her the change, without my sanction.
GUILTY ** of uttering the shilling .— Confined Nine Months .
MR. LANGFORD conducted the Prosecution.
ANDREW SMITH . I have been the master of a ship, but have retired, and live at 40, Trinity-grove, Mile-end—on 25th July, 1862, between 1 and 2 in the afternoon, I was in New Gravel-lane, Shadwell, and saw a crowd of fellows idling about, two of whom came and bustled against me—one ran against me and nearly knocked me down; the other snatched my watch and chain from my pocket and ran away—I have not seen it since—one of the men has been tried and convicted at Clerkenwell—I do not know that I could tell the prisoner's face, because he ran off immediately—I know him by his hair, and he had a long nose—I ran after him and sung out, "Stop thief!"
FREDERICK DRICKHART . I am a baker, of 12, Baker-street, Commercial-road—on 12th July, 1862, between 12 and 1 in the afternoon, I was passing along New Gravel-lane, and saw the prisoner and another man tossing—I looked at them for a little time, and saw the old gentleman come out of the back-gate of the London Docks—the man who has been convicted, spoke to the prisoner, and then they both ran up the road together in front of the prosecutor—the other man ran against him, and the prisoner took his watch from his fob pocket—I saw it in the prisoner's hand—a policeman came up and I told him—they ran away—I was taken to the police-station in January, and picked the prisoner out from four or five others—I am sure he is the man; I have seen him several times before.
Prisoner. Q. Did you see me that day? A. Yes; I saw you tossing there twice before—I did not stop you after you took the watch, because you were too quick for me—I have no doubt of you—I was as near to you as I am to his Lordship—I picked the other man out also—I did not see you going to your work after the robbery.
RICHARD JAMES . I am gate-keeper at the London Docks—on 25th July, between 12 and 1 o'clock, there was a crowd near the gate in New Gravel-lane—I requested the prisoner and another party to leave the gate—after that I saw the prisoner run from the crowd, pursued by Captain Smith, who was crying out—I am sure the prisoner is the man—he ran towards the Duke of York public-house.
Prisoner. The constable who took me has got these two men to come and swear my life away.
TIMOTHY COX (Policeman, 45 K.) On the morning of 27th January, I took the prisoner in Bluegate-fields—I told him it was for assaulting and robbing Captain Smith, in July, 1862—he immediately pretended to be drunk, and said, "I do not know anything about it."
Prisoner. Q. Have not you frequently seen me going to work of a morning? A. I have seen you going with your father, but I did not know who did this till I heard that the other man was in custody, and then you went away—he was tried in November—as soon as he was apprehended you got out of the way.
Prisoner's Defence. I know nothing about the charge; the prosecutor knows I am not one of the men, only they have been getting some money out of him. I had my daily labour to go to; it is eight months ago; I have always been living there; why have not I been taken before?
GUILTY . **†— Seven Years' Penal Servitude.
MR. DICKIE conducted the Prosecution.
JOHN SMITH . I live at South-end, Lewisham—on 11th February, I met the prisoner in the Wheatsheaf, Deptford—I said that I should go and get a night's lodging, and he said I might go and sleep with him at his mother's—we went to a public-house, where there was a nice fire, and I laid down and fell asleep—when I awoke I missed my watch, and my boots off my feet—this (produced) is my watch; it is worth 30s.—I was a little fresh, but am sure I had my witch in my pocket—I had not known the prisoner before—there was a woman with me, but she did not go to that house; she left me before—there was no one in the public-house, when I fell asleep, but the prisoner and me; but there was some one in the bar—I was awoke by the ostler.
JAMES CLARIDGE (Policeman, 157 R). I took the prisoner on another charge on the night of 14th—I searched him and found this watch—I asked him where he got it—he said, "That is my business"—I said that he would have to give some account of it—he said, "Well, I bought it of a man in the Kent-road, just this side of New Cross-gate"—I asked what he gave for it—he said that that was no business of mine.
The prisoner's statement before the Magistrate was here read as follows: "I bought the watch of a woman that the prosecutor was with."
Prisoner's Defence. I bought it of the woman who the prosecutor was with; she said that it was her husband's, who was dead, and that they would not take it in pledge because she had broken the handle. I gave her 10s. for it, to go to market; the prosecutor was with them three or four nights; I saw them in the public-house, and in Charles-street too.
COURT to JOHN SMITH. Q. Had you been with the woman on previous nights? A. I had been in her company that night and the previous night—I had not been to her lodging, only drinking in the public-house—I had my watch in my hand three hours before I fell asleep—I saw it after the woman left—she did not leave me three hours before I fell asleep—I do not know that I could see it after she left me, but I could feel it in my pocket—I have seen the woman once since; she came to let me know the same day that the policeman found it, and that the prisoner was taken.
GUILTY .**— Confined Twelve Months.
THOMAS GRANGER . I am in the employ of Mr. Sutton—the prisoner was also in his employ until 13th September, on which day he disappeared—his duty was to attend to the foreign department, in sending parcels away—it was not his duty to receive money for Mr. Sutton; but if he received money on behalf of his employer, it was his duty to hand it over to me the same day—he has been there a year or two—Mr. Sutton succeeded to the business carried on by his predecessor, in whose employment the prisoner was—the prisoner has received amounts and paid them over to me—it was his duty to receive certain money, but it was not part of his employment to receive money—he never, on 13th September or at any other time, handed me 19s. or 4s. 3d., as having received it from Mr. Dumont—he had only one book to keep, in which he made his foreign entry—I should make an entry in my petty cash-book of what I received from him—I have no such entry; here is my book.
Cross-examined by MR. COLLINS. Q. Is this a very large business? A. Yes; there are two departments, home and foreign—the prisoner had nothing to do with the home department; he was over one department and I over the other—I am cashier; I account for cash every morning to the principal—the prisoner has handed me oath two or three times—if he received cash it was his duty to account for it to me—his duty was to dispatch the foreign parcels abroad—he used to measure the parcels and charge them to the agents—if they were town parcels, I should receive them—he would send over to me, and tell me the proper price to charge, and I should enter it—it was not his duty to receive the money for the foreign department—he could make a bill out, but it should be paid to me—I should receive it either from the messenger or from himself—it was not his duty to receive it, but he has done so—he generally received the money for the foreign parcels, and handed it over to me—I cannot say whether he ever handed money over to Mr. Sutton—Mr. Sutton is the general cashier of the establishment—I belong to the petty cash—it is my duty to receive the whole of the money for the foreign parcels, and enter them in my book—I have no knowledge of ever receiving money from any one for foreign parcels, besides the prisoner—our foreign business is small; we send off, I daresay, fifty foreign parcels a day—some foreign parcels come from the agents, but the prisoner would see me make an entry in my cash-book, discharging him and charging myself; that was done in every case—I have been in Mr. Sutton's employment twelve months—nobody else enters in my book, except when I am away or unwell—the prisoner would not pay the money to anybody but me, and if I was not there he would keep it till I was there, I should think—either the prisoner or the clerk would attend to the books when I was away—the clerk is not here; he attended to the books when I was away at Bradford—the moment I receive the money I put it down in the cash-book—the prisoner's duties were not heavy, but he was canvassing lately for receiving-houses; he was also canvassing about the beginning of September—there are some expenses incurred in canvassing—I have canvassed latterly, and have spent money—the prisoner came at 10 or half-past 10 in the morning, and left at 6, 7, or 8 at night—he had not regular hours to my knowledge—his wages were 35s.—there was no salary due at this time—he had told me some weeks before this that he should not stop.
MR. SLEIGH. Q. When were you at Bradford? A. In June or July, not in September—my master pays any expense I incur in doing his business.
—the prisoner was in my service at a salary of 35s. a week—it was part of his duty to receive money and account to Granger or me for it on the same day—he did not account for 19s. or 4s. 3d., as received from Mr. Dumow on 13th September—I did not know that he was going to leave on Saturday; I was laid up with rheumatic fever at the time—I did not see him again till he was apprehended three weeks ago.
Cross-examined. Q. How long were you laid up? A. Ten or twelve days—I live at Morton now—the ordinary way was for the prisoner to pay the money to Granger, who entered it in the cash-book—the prisoner's duties were to take the foreign department and receive foreign parcels; that and canvassing were his only duties—I have sixty or seventy receiving homes—I have been in the business since last April, when I bought it of a Mr. Scott, who has nothing to do with it now, but in whose employ the prisoner was—I gave the prisoner express instructions always to pay Granger or me—Granger is the chief of the home department, and I of both—I check the receipts by this cash-book (produced), which is kept for the transactions of the day—if I sent a foreign parcel, and it was unpaid, it would be entered in the prisoner's own book—this is the foreign book—I do not keep a ledger with the weights and amounts of parcels.
HENRY DUMOW . I receive parcels for Mr. Sutton, at 88, High Holborn—on or about 11th September, I received two parcels to be forwarded, and received 19s. 3d. on one, and 4s. 3d. on the other—I knew the prisoner as Mr. Sutton's servant, and we were very friendly—he called on me next day, between 4 and 5 in the afternoon, and I told him the sum that was paid,
1l. 3s. 3d., for Mr. Sutton, gave him the book, and he signed it.
Cross-examined. Q. Did the prisoner introduce you as the receiver of parcels? A. Yes—the entry in this book is my father's—the parcel at 4s. 3d. was for Scotland—I do not think that is in the foreign department—I paid him this all at one time.
MR. SLEIGH. Q. Did you see him put his initials when you paid him the money? A. Yes.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
THOMAS GRANGER . On 13th September, I handed the prisoner 1l. 2s. 6d., which he asked me for, to pay for a New Plymouth parcel, which was to be sent through Messrs. Shaw, Saville, and Co., shipbrokers, and I have not seen him since.
Cross-examined by MR. COLLINS. Q. Was it the prisoner's duty to pay it? A. He paid for the foreign parcels—his duty was to receive money from me, and to pay it for the foreign parcels—sometimes we do not have one parcel a week—we have only one foreign agent, who lives in Holborn—if we had to send to South Africa we should do it through a company—we have no agent in New Zealand—here is the entry of this 1l. 2s. 6d. in the cash-book—this "New" was put before "Plymouth" at the time—if it had to go to Plymouth in Devonshire, I should have paid for it—I recollect that this parcel was to go to New Plymouth, and there is a youth in the office who recollects it was for Duncan and Co., of New Plymouth—the 13th was Saturday—these were all the sums paid that day—the prisoner did not give me a receipt for this 1l. 2s. 6d.; you have only my word for it—this on the other side is cash received—this "Granger, 1l. 15s." is wages—we pay on Friday—I begin with 2l. or 3l. of a morning—I pay all the petty
cash—I entered this 1l. 2s. 6d at the same time—to the best of my memory, I left between 3 and 4 o'clock on the 18th, but I paid him this about mid day—I have never asked him to make up my accounts for me; I am always capable of doing it myself—nothing else was paid to the prisoner that day—I gave the prisoner any sum he asked me for, without making inquiries, because I had the best opinion of him.
MR. SLEIGH. Q. Are the entries made on 13th September, 1862, all in your writing? A. Yes—no one aided me that day—when I paid the prisoner this 1l. 2s. 6d., he gave me the name of Duncan, of New Plymouth—I put in this word "New" immediately I found that I had omitted it—the prisoner said nothing of his intention never to return.
JOHN EALES . I am a clerk to Shaw, Saville, and Co., shipbrokers—in the ordinary course of business, a parcel passed through my hands in September—the prisoner never paid me 1l. 2s. 6d for it either before or after the 13th—Mr. Sutton paid it in December.
Cross-examined. Q. How many clerks have Messrs. Shaw? A. About ten—if I do not receive the money for parcels, other clerks do, and it goes through my hands; I am the cashier—I know this parcel Was shipped; it was sent to the docks—I cannot say that I have ever seen the prisoner before—if I was out, one of the other clerks would receive the money, and it would be handed to me on my return—the book is not here; it is in use.
MR. SLEIGH. Q. In the ordinary course of business, would all parcels of that description come under your immediate cognizance? A. Yes; and the entries would be made by me—if this Money had been paid, a receipt would have been given.
Cross-examined. Q. Did you make inquiries about his former residence? A. I inquired there, and learned where he had moved to—I said that Mr. Sutton was going to charge him with stealing several sums of money—he said, "I never stole any."
COURT to MR. SUTTON. Q. When did you first discover that this 1l. 2s. 6d. was not paid? A. Not until Shaw and Saville sent in the account in December—the prisoner was taken in February—we sent to his house before that, but the landlord sent back a message that he had left.
NOT GUILTY . (See also page 593.)
PLEADED GUILTY .
The police stated that the prisoner had received a month's imprisonment for wilfully damaging some squares of glass, and set fire to this stack on the same day that he came out of prison. Confined Eighteen Months.
NEW COURT.—Wednesday, March 4th, 1863.
PRESENT—MR. BARON BRAMWELL; Mr. Ald. GIBBONS; and Mr. Ald. WATERLOW.
Before Mr. Baron Bramwell.
470. WILLIAM GOODLAND (22), WILLIAM CRANE (21), CHARLES LAWRENCE (21), and GEORGE WRIGHT (20) , Unlawfully attempting to break and enter the dwelling-house of Jonathan Bell, with intent to steal. Other Counts for assaulting the police in execution of their duty.
CRANE PLEADED GUILTY to the first Count only.
MESSRS. CLARK and ORRIDGE conducted the Prosecution.
JONATHAN BELL . I am landlord of the Bell beer shop, Church-street, Bethnal-green—on the night of 28th December, I went to bed, leaving my house secure; next morning, I found it forced open—it is in the parish of St. Matthew, Bethnal-green.
WILLIAM THOMAS (Policeman, 141 H). About half-past 6 on the morning of 29th December I was on duty in Bethnal Green-road, near the Bell beer-shop, and saw the prisoners Attill (that is Goodland), Crane, and Lawrence; I cannot speak so confidently of Wright, because he stood in the shade, bat I can swear to the other three—I had never seen them before—when I first saw them they were about 200 yards off, close to the beer shop; and when I went along they divided into twos, just before I got opposite them, on the opposite side—I went down as far as Abbey-street, crossed the road, and they got together again, but divided before I got up to them—I went up as far as Tyson-street, thinking to meet some plain clothes men, but did not—I returned as quick as I could, ran down Orange-street and Satchwell-street—this was about half-past 6 in the morning—I got into a narrow place, where there is a narrow path, at the back of the beer shop—I had my hat off, and crawled on my hands and knees eight or ten yards behind the beer shop wall—I saw Goodland on his hands and knees nearest to me, and Crane next to him; there were only two on their knees—Lawrence was standing two or three yards off, looking into Bethnal Green-road; Wright was in the shade, I did not see his features at all—Lawrence gave a low whistle when any one passed—Crane got up off his knees, just straightened himself, and went on—I heard the door of the beer shop go, and ran out and struck at Crane with my truncheon, as he was on his knees, but missed him—Lawrence started across the road, and I saw no more of him; but he looked after me, to see if I followed him—I got hold of Attill and struck him, either on the shoulder or head—he had hold of this jemmy (produced), and struck me with it; then my hat fell off—I am not certain whether I hit him—I then closed with him, expecting to get another—we got down, and he got uppermost; I threw him off—he had hold of the jemmy, and I caught him by the throat—by that time the others came back; I could not say which, but two or three; and I can say that they were these men—I was then on the ground, but uppermost—they kicked me several times on the legs, but I cannot say which of them—I then wrenched the jemmy out of his hand—I lost my staff, and was bleeding very much—I called out for assistance, as I found myself getting much weaker—an old man came, and caught hold of Goodland—I let him get up, and took him as far as Gibraltar-walk, which is 200 yards—Crane and Lawrence were hustling me and trying to trip me up—I tried to get them into the coffee-shop, but could not because they got round the door—I got very weak, and could not stand—I received a fresh cut, and became so weak that I fell, and recollect nothing for a couple of days, when I found myself in bed at the station-house.
Cross-examined by MR. PATER. Q. Are you quite sure it was not later than halt-past 6? A. Yes; I went on my beat at 6, and it was my first round; it was a quarter or 20 minutes past 6—it was dark, but the lamps were alight—I was sent to Leman street to identify Goodland on, I think, February 8th—he is not dressed now as he was when I identified him—the man who struck me wore a dark coat, and I believe he had a cap—I
identified him in Chapel-yard Police-station, inside the station—two or three other prisoners were with him, men something similar to himself—they were not two boys and a man; I saw no boys—I did not know that the man had been in the cell before Goodland was taken in—I had not been at the station for a month—there were three persons; I will not swear whether there were more—Goodland had not handcuffs on—he had no blood on his face when I saw him—it is a very secluded place where I first saw the prisoners—I was in uniform, and that is the reason they saw me—I was not hiding myself; I was on the opposite side of the road, and crossed, and went within fifty or a hundred yards of them—I then saw them a second time, and a third time; I am quite positive of them—after they divided I went as far as Station-street, but not into it—I saw them again in eight or ten minutes, when I went back down Orange street—I do not know the old man—I have inquired for him, but cannot find him; I should have liked to see him here very much—he was not with me when I became senseless; he left me directly Goodland got up; I think he was afraid—the man struck me a severe blow on the head with the jemmy—I have been ill ever since; my eyes are very dim now, and very weak—I was stunned for the moment, but recovered myself—I did not attempt to strike him when he was on his knees; he was up—I had him to myself when I received the blow, but when the other men saw that I was alone they returned.
Cross-examined by MR. WILLIAMS. Q. Was it after you were struck that the men, who you say were Lawrence and Crane, came up? A. Yes—Wright was close to the wall, in the shade—they were opposite each other, about two yards apart—Lawrence was three yards on the other side of the beer shop further from me—I did not take Lawrence—he was dressed something similar to what he is now.
MR. ORRIDGE. Q. Was Lawrence taken at Portsmouth and brought up? A. Yes.
Crane. When I was taken to Worship-street Police-court, you said that you should not have known who it was if I had not said so. Witness. Nothing of the kind; I swore to you directly I went to identify you.
ELIZA SCOTT . I live at 145, Church-street, Bethnal-green—on Monday morning, 29th December, about a quarter to 7 o'clock, a boy brought the constable into my place, bleeding very much—he had this crowbar in his hand.
THOMAS JOSEPH NIGHTINGALE . I am a porter, of 9, Hope-street, Bethnal Green-road—on the morning of 29th December, between 6 and 7 o'clock, I was near the Bell beer shop, and saw Goodland and Crane—Goodland was dressed in a darkish coat, not the coat he has on now.
Cross-examined by MR. PATER. Q. What are you? A. Porter to Matthew Wood, a grocer, of 73, Old Broad street—I was going to work—it was 20 minutes to 7 as near as possible—I rise about 6, and leave home about 20 minutes past 7—I live in Hope-town, 150 or 200 yards from the beer shop—I took two or three minutes to walk there; I was not very well—it was about 24 minutes to 7 when I got to the beer shop—I heard of this attempt to break in on the same day through a dustman, and I think I spoke to Mr. Bell the same evening—I picked Goodland out in the cell at Worship-street—it was not Thomas who did so; I did not notice him there—Dunnaway was with me—I had never seen Goodland before that morning—I looked at the prisoners because I heard a kind of whistle, which I have been told, when younger, is a thieves' whistle; and not being in the habit of seeing men there at that time in the morning, I looked at them, and Attill looked at me.
EDWARD JAMES SOUTHWORTH . I am a harness-maker, of South Conduit-street, Bethnal-green—on the morning of 29th December I was going along by the Bell at a little before 7, heard cries of "Help!" and saw the prisoner Attill and the policeman Thomas struggling on the ground—they got up, and Thomas asked if any one would hold a man while he stood still to rest—an elderly man held the prisoner till they got to Gibraltar-walk, where Attill's scarf came off, and Thomas rolled up against the railings—the landlord then gave him something to drink, and I went and got a sergeant to come to his assistance, and then helped him to the public-house—Thomas was saturated with coagulated blood from his head to the end of his coat.
Cross-examined by MR. PATER. Q. When were you brought to see Goodland? A. A week or a fortnight ago—thirteen or fourteen other prisoners were with him—I went into the cell first, and Nightingale after me—I told Nightingale that I had picked him out—I did not look behind me to see if Nightingale was in the cell, but he went in after I came out; the sergeant sent him in when I came out—I picked him out first.
HENRY PURCHASE (Police-sergeant, 13 H). On the morning of 29th December, from something which was told me, I ran into Hope-town, about thirty yards from the beer shop, but found no one there—I went on to Church-row, and met South worth—from what he said, I went to a crowd, and found Thomas with ten or twelve people standing round him—they had knocked at a doctor's shop; the door was opened, but the doctor was not within—I took Thomas to Dr. Edmunds' in a cab, and then to the station—I afterwards received this jemmy and staff from Eliza Scott—I examined the side door of the Bell, and found on the bottom part of it about a dozen marks, which correspond with marks on this jemmy.
GRANGER TANDY . I am a physician and sturgeon, of 2, Spital-square—Thomas was brought to me in a cab with blood streaming from a wound in his head—it was a severe lacerated wound; the bone was exposed—it was two inches long, and an artery was divided—he also had a cut on the inner side of the right hand an inch deep, and a bruise on the loins, and a wound on the shin—he was in a very exhausted state and insensible—it was such a wound as might be inflicted with this jemmy—he was in great danger of his life for forty-eight hours—he is still under treatment and incapable of performing his duty.
CHARLES HOLMES (Police-Sergeant, C 23). On Saturday night, 27th February, I was standing at the Salmon and Ball, Bethnal-green, and saw Goodland coming—knowing that he was wanted on this charge, I endeavoured to lay hold of him, but he slipped from my hand and ran—he immediately put his hand in his pocket, and drew this life-preserver (produced)—I pursued him, and he struck at me, but I put it on one side and missed the blow—he rushed at the door of an empty house, burst it open, and ran in—I ran in after him—he struck right and left with the life-preserver—I took my truncheon out, and I believe I struck him on the head—I got assistance and secured him—he acted like a madman, and fought right and left—I said, "Bill, I am determined to have you; whether dead or alive you will go," and after some little time he was quiet—he said that he was not the man, and they would have to prove it.
Cross-examined by MR. PATER. Q. Was he quiet as soon as you told him the charge? A. No; he was worse.
ADAM LANGLEY (Policeman, H 93). I was present when Wright was taken at his lodging, 4, Francis-street, Vinegar-ground, St. Luke's—I accompanied him to the station—from what he said, we went back to the
Vinegar-ground, and waited there till 6 o'clock—I then saw Crane come into the street—he made a signal by whistling up to the windows—a female opened the window, said something to him, and he walked away—I stopped him—he said, "What, is this the old game again?"—I said, "No"—that was because he had been acquitted on several other charges—I told him it was for breaking into a beer shop in Bethnal Green-road, and on the way to the station I told him that Wright was in custody—he said, "Wright knows nothing whatever of it; it was me, Attill, and Loafer"—the only man I know of that name is Crane—he said that he had told Wright, if he was taken on this charge, to send for him, and he would clear him—I told Wright the charge—he said that he knew nothing whatever of it, and the only job he was ever in was with Attill.
Cross-examined by MR. WILLIAMS. Q. Did not Wright also say that Lawrence was not the man? A. No; Lawrence's name was not mentioned at all.
Crane. I could not come out of my own house but what I was taken four times on suspicion. Witness. I did not take him, but he was taken four times, and discharged on each occasion.
JAMES STREET . I am one of the Portsmouth Police—I took Lawrence at 2, Union-street, Portsmouth, at half-past 10, in January, on another charge—on the way to the station, I said, "You are also charged with attempted burglary and nearly murdering a policeman in London"—he said, "I know nothing about it; I never was in London"—I took a life-preserver like this from his pocket, and said, "Is that what you kill the policemen with?"—he said, "No; I carry that because of the garotters"—he was given up to the London Police.
Cross-examined by MR. WILLIAMS. Q. Was he discharged? A. Yes—this is not the life-preserver, but one exactly like it.
Crane's Defence. I am innocent of the assault. I was one of the men who attempted to break into the house, but I ran off afterwards.
JURY to WILLIAM THOMAS. Q. Where was Lawrence standing? A. He was looking down the square towards Bethnal Green-road—I had an opportunity of seeing his face, and he whistled when a porter on the other side of the way was going by, to work I believe—the question whether he was looking towards me was not asked me before; but when I rushed out, he looked at me, and ran right across the road—I did not know him before—I have not the slightest doubt about him; I am positive he is the same man—he was in the middle of the road, and there was gas in the square, which reflected on his face.
GOODLAND— GUILTY .** (See New Court, Thursday.)
CRANE— GUILTY .— Three Years' Penal Servitude.
LAURENCE— GUILTY .— Confined Eighteen Months.
WRIGHT— NOT GUILTY .
OLD COURT.—Wednesday, March 4th, 1863.
PRESENT—The Right Hon. the LORD MAYOR, M. P.; Mr. JUSTICE WILLIAMS; Sir JAMES DUKE, Bart, M. P., Ald.; Mr. Ald. CARTER; and ROBERT MALCOLM KERR, Esq.—
Before Mr. Justice Williams.
MR. RIBTON conducted the Prosecution, and MR. SLEIGH the Defence.
GUILTY of endeavouring to conceal the birth.—Recommended to mercy by the Jury on account of her tender age and previous good character.
Confined Six Weeks.
MR. PLATT conducted the Prosecution, and MR. F. H. LEWIS the Defence. MR. LEWIS, for the prisoner, submitted that no offence was stated on the face of the indictment; that it was not a felony at Common Law, but one created by Statute 25 Hen VIII, c. 6, which statute was repealed by 1 Mary, afterwards revived by 5 Eliz., c. 17, which expressly stated that it was 25 Hen. VIII. which made it a felony; the Act of Elizabeth was repealed by 7 and 8 Geo. IV., and that again was repealed by the present statute, which did not declare whether it was a felony or no. MR. JUSTICE WILLIAMS was of opinion that there was no foundation for the objection; the effect of 25 Hen. VIII., by using the term "felony," was only to make the offence capital, which at that time all felonies were, and the late act only altered the punishment.
NOT GUILTY .
MESSRS. METCALFE and F. H. LEWIS conducted the Prosecution.
THOMAS EDWARD STUBBS . I am one of the messengers of the Court of Bankruptcy—I produce the proceedings in the bankruptcy of John Alldritt—the adjudication was on 24th September, 1862, upon his own petition of the tame date—there is on examination of the bankrupt on 3d February, 1863—he filed some accounts—in that account there is the proceeds of a sale of goods, 131l. 7s.
Cross-examined by MR. LAXTON. Q. Who was the examination taken before? A. Registrar Roche—it was a private examination—it bears the seal of the Court.
ALFRED JONES . I am an attorney in Sise-lane—I conducted this examination for the largest creditor—I am acquainted with the prisoner's signature—this examination was read over to him, and he signed each sheet of it in my presence. (The examination was put in and read it stated is substance that he had repaid Joseph Pittock, his father-in-law, a turn of 100l., which he had borrowed of him, and that he paid it on 24th June, in 5l. and three 10l. notes, and 20l. in sovereigns, and that the receipt-stamp then upon it was put on and signed at that time.)
WILLIAM ABBOTT . I am a cashier in the London and Westminster Bank.—I produce a cheque for 131l. 7s., drawn by Messrs. Brown and sons in favour of Mr. Alldritt—I paid that cheque, on 24th June, 1862, in one 100l. note, No. 89, 178; a 20l. note, No. 15, 751; a 10l. note, No. 50, 327; and 1l. 7s. in money—I can't remember who I paid it to, but I suppose it was to the prisoner—I do not recognise him, but at the police-court he asked me if I remembered what he said to me when I cashed the cheque (At MR. LAXTON'S request, the examination of Joseph Pittoch was read in which he stated that the bankrupt had borrowed the 100l. on 18th September, 1860, and repaid him on 24th June in the manner stated, and that the receipt stamp then on it was put on and signed at the time).
paid in on 8th October, 1862—the 100l. note is endorsed "J.E. Elliott, 34, Penton-street, near the Angel, Islington"—I heard the bankrupt say that he wrote that—a person presenting a note at the bank is required, to put a name and address on it—the 10l. note is endorsed "Joseph Pittock, 34, Penton-street, Islington"—I also produce two 5l. notes, Nos. 31,436 and 31, 437, paid in on 5th January and 2d February, 1863.
WILLIAM MINTER TODD I am a cashier in the Bank of England—on 1st January I changed this 100l. note—I gave for it a ticket for 80l. in notes, and 20l. in gold, and the person receiving it would take it to another gentleman to get the notes—I have no recollection of the person—I can't tell whether it was endorsed at the time or brought ready signed—if it was not signed I should require the person to put his name and address upon it; and if it was already signed, I should call out the name, the person presenting the note would answer to it, and I should then ask him what he would take for it.
FREDERICK PEARSON . I am a cashier in the Bank of England—on 1st January, I received this ticket, and gave to the person producing it notes to the amount of 80l.—amongst them were these two 5l. notes endorsed "Voices and Moore"—they were not so endorsed at the time—they went out as clean notes.
JAMES ELLERTON . I am a partner in the firm of Pawson and Co., of St. Paul's Churchyard—I am acquainted with the prisoners handwriting—I knew him as a trader, a linendraper—the whole of the endorsements upon the notes produced are in his writing.
Cross-examined. Q. Were you one of his creditors? A. Unfortunately we were—we are instituting this prosecution—the Court of Bankruptcy have not directed it—we applied through our attorney to the Court for permission to institute it, and I believe the Court refused—I have not seen the prisoner write frequently—I have his acceptances on bills that we have drawn on him—I don't think I have ever seen him write—it is not altogether by comparison of handwriting that I speak; I heard him speak to his handwriting on this 100l. note in the Court of Bankruptcy—he swore there that it was his handwriting—I say these endorsements are his writing because they correspond exactly with the style of his acceptances to bills, from comparing the two together.
COURT. Q. You say you have seen his acceptances to bills drawn upon him; did he pay them? A. Not all; he did not dispute them—I have become acquainted with the character of his handwriting—I firmly believe the endorsements to be written by him—I don't recollect how many acceptances I have had of his; three or four, I think not more.
MR. METCALFE Q. Have you seen quite sufficient of his writing to enable you, as a man of business, to judge? A. Quite; I speak to it with perfect confidence.
ALFRED JONES (re-examined). I am the attorney for this prosecution—I know the prisoner's writing—I have seen him write—I have received letters from him, which have been acted upon—I saw him sign every one of these sheets of deposition—I have been able to form a judgment of his handwriting—I have no doubt that the endorsement on this 100l. note is in his writing, and on all of the notes—the Commissioner refused to order this prosecution, under a particular section of the Act, to be borne out of the funds of the Bankruptcy Court; but he made an order in writing, which is upon the proceedings, which is this; "It appears that this meeting therefore should adjourn sine die, with liberty to the creditors to prosecute"—
under the Act of Parliament there if power to the Commissioner to order that the costs of prosecutions shall be paid out of the Registrar's Fund—I have heard that that fund is exhausted; I don't know it—there are no assets in this case, not a penny I believe.
Cross-examined. Q. As to the creditors being at liberty to bring this indictment, you would have brought it just the same; you did not require any permission, did you? A. I do not require the permission of the Court to prosecute, but I do if the funds are to be provided from a particular source—this order means that the prosecution must be at the creditor's expense.
Cross-examined. Q. Do you keep a lodging-house? A. A private house—I let lodgings—I am quite sure that no one of those names has lived there at any time—the prisoner never lived at my house—he has called occasionally to see a lodger of mine, a young man named John Allnutt—he had been living with me about a year—he had two rooms, a sitting-room and a bedroom—I don't know what his business was exactly; he had persons call to see him occasionally.
WILLIAM MARTIN . I reside at 20, Ponsonby-terrace, near Vauxhall—I see this note endorsed "Moore, 20, Ponsonby-terrace"—no person of that name resides there—I have been living there four years—the prisoner never lived there—this is not my writing.
Cross-examined. Q. Do you keep a lodging-house? A. I let apartments—it is a private house; we have one lodger—I never saw the prisoner there—I never had a person named Moore there—the person who now lodges with me belongs to the stores, and the one before him was a carpenter named Petter—one was with me for about two years, and the other six months.
HENRY DOWSETT . I am a clerk in the Inland Revenue—the date on this document is 18th September, 1860—the stamp which is placed on it was not one that was issued at that date—it was a different kind of stamp altogether that was then in use—an Act was passed for using a different kind of stamp by the Registrar of Births, Deaths, and Marriages, this was the stamp to be used, and this is a specimen of the other kind of stamp (producing them)—the first issue of this stamp was in November, 1860.
GEORGE EVETT . I am also in the Inland Revenue—I issue the stamps—the stamp that is upon this document, of September, 1860, was not issued at that time; if it had been it would have came under my knowledge—stamps of this kind were first issued on 23d November, 1860.
Cross-examined. Q. Have you any doubt about that? A. Not the slightest—there were none in circulation before that—the receipt-stamp in circulation then was, "Draft payable to order," or "On demand or receipt," and this has "Inland Revenue" upon it.
ALFRED JONES (re-examined). I examined the prisoner, on 3d February, before the Registrar—this is the memorandum that was then produced to him, and to which this passage in his examination refers (reading it. "The first memorandum, dated 18th September, 1860, is produced to me; the signature at the bottom of it is mine; it bears date 18th September, 1860, and I signed it on that day; I received the money from Pittock on that day; the stamp was placed upon the memorandum before I signed it."
GUILTY .— Confined Fifteen Months.
THIRD COURT.—Wednesday, March 4th, 1863.
PRESENT—Mr. RECOREDR; Mr. Ald. ABBISS; and ROBERT MALCOLM
Before Mr. Recorder.
MESSRS. CLERK and METCALFE conducted the Prosecution.
ROBEBT TAYLOR . I am a surgeon, and reside at 10, George-street, Hanover-square—my mother, Mrs. Taylor, resides at present in Colchester—on 5th January, I wrote this letter (produced) to her, addressed, "Mrs. Taylor, Beverley-terrace, Colchester," and inclosed in it these three 10l. Bank of England notes (produced)—I took the numbers of them before inclosing them; they are 50, 835, 50, 836, and 50, 837, and the initial letters are S.G.—I put them in the letter myself, put a very small quantity of gum on the top flap of the envelope, fastened it in the usual way, and subsequently sealed it—I took it myself to the Post-office, 99, Oxford-street; took the letter into the shop, and registered it, at about a quarter-past 1 o'clock—I received this receipt (produced) from the clerk in the office—on the following day I received information that the notes had not arrived—the letter has since been shown to me, and there was a spot of gum on the lower part of the flap, and a corresponding spot on the letter, for which I cannot account—the seal has not been broken—I did not put any gum where that spot was.
Cross-examined by MR. ATKINSON. Q. Was it a common envelope, with the adhesive part inside the tongue? A. Yes; there was very little gum on it, and I thought it would make it more secure to put some more—I put the gum on with a brush, from a bottle; it was gum that I had prepared myself—the flap was open, and I just touched it very slightly—no one was present while I did it—I took the notes from a drawer, where I kept them looked up—they were clean notes—I folded them up, put them in the letter, which I fastened and put in my breast pocket—I had nothing else in that pocket, no handkerchief—I very seldom keep anything in my breast pocket, but I may do so occasionally—I cannot positively identify either of the clerks at the Post-office; I did not take notice of them—there was more than one person there.
MR. CLERK. Q. When you took the letter from your pocket to the shop to have it registered, can you say whether the flap of the letter was at that time fastened down? A. The flap was in its proper place.
WILLIAM FULLER . I am in the employ of Mr. Stevenson, bookseller, at 99, Oxford-street—he keeps a post-office receiving-house there—I assist in the post-office—the prisoner was also in his employ in January last—I remember Mr. Taylor bringing me this letter to be registered on 5th January—I wrote the word "registered" on the front of it—I did not notice whether the letter was then sealed or the flaps firm—the letter is endorsed with the name of the office—I do that—if the flaps had been open I must have seen it—after a letter is registered I tie a piece of green tape round it—this was about a quarter-past 1 o'clock—I generally go up-stairs to dinner about half-past 1—I do not recollect whether I did so on this day—when I go to dinner I generally leave Mr. Stevenson in the shop—the prisoner did not generally have dinner at the same time as I; sometimes
before and sometimes after me—one of us is usually left in the shop while the other is at dinner—after writing "registered" on the letter, I put it in the till-drawer, where I put registered letters—it remained there till 2 o'clock, at which time I sent the letters from our office to the Western office—I made up the bag and a bill of the registered letters that are dispatched—this one, with "Mrs. Taylor, Beverley-terrace, Colchester," on it, was made up by me, and dispatched about 3 o'clock to the Western office—I tend a list of all registered letters—I tied up the letter with green tape, longways and across—I should have done that before I went to dinner—I had not bad my dinner when the letter was brought to be registered—I tied it up before I went to dinner—I never left them untied before going to dinner—the tape is easily slipped off by doubling the letter; it is not fastened to the letter—we keep a quantity of that green tape in the shop, and alto a bottle of gum,
Cross-examined. Q. Where is the gum kept? A. Generally in a cupboard behind the counter—I should not think that a person going to that cupboard must be observed by any one else in the shop—I cannot remember whether the prisoner went to dinner before or after me—he would go out at the shop door when he went to dinner—I do not recollect his ever going to dinner at the same time as myself and leaving Mr. Stevenson in the shop—I do not remember whether I left Mr. Stevenson behind the counter when I went to dinner that day; I believe he was there—it is usual for him to be there at the time I go to dinner—he carries on the business of a stationer and bookseller—what with that and the post-office business there it pretty full employment for the persons behind the counter—Mr. Stevenson occasionally goes into the little compartment where the registered letters are—with close observation he has, while serving behind the counter, the opportunity of seeing what I am doing at the registered letter drawer—there is glass round the compartment—another registered letter went by that same post; I am not sure whether I received that one—the prisoner has been about twelve months in that employment with me—I know he was engaged in similar employment before that—I am generally absent about half an hour at dinner.
Cross-examined by MR. CLERK. Q. Where is the post-office; is it behind the counter? A. No; it is on the left-hand side of the shop at you go in and the counter is on the right—there it woodwork part of the way up and glass at the top, round two sides; one side is open; it is against the wall, and there is a door to it—the woodwork comes just above the desk; it almost level with the desk—I never heard from the prisoner of his having found any notes.
THOMAS STEVENSON . I am a bookseller, at 99, Oxford-street, and keep the post-office there—on 5th January, I had only Fuller and the prisoner employed in the shop—it was the prisoner's duty to be in the shop while Fuller was at dinner—I have no recollection of the 5th January, or of this letter being registered—it is part of the prisoner's duty to attend to the registered letters—I do so myself occasionally; all are obliged to assist occasionally—I never heard from the prisoner on 5th January, or on any subsequent day, till he was taken in custody, that he had found any 10l. notes.
Cross-examined. Q. There is a good deal of business going on at your shop sometimes, post-office business and your own business? A. Yes—I do not remember whether on this particular day the prisoner left about the same time that Fuller did; I would not speak positively either way—a Mr.
Mickleburgh sometimes assists me—I can say positively that he was not there that day after 10 o'clock—the prisoner has been with me since October, 1857—he was away from my service about eighteen months during that time; he had a legacy left him, and went into business with a Mr. Seeley, who eventually failed, and then I took the prisoner back—I had an excellent character with him; I should not have taken him without, and he had been engaged in a similar capacity for six years in his former employment—I personally made inquiry about his character, and was perfectly satisfied with the recommendations that I received with him—his conduct has been very good while in my service; I have nothing to say against him—he is a married and has three children.
EDWIN MATTHEWS . I am a collecting letter-carrier—an 5th January, I collected the letters from 99, Oxford-street, the 2 o'clock collection, to take to the Western office—I took them in a bag; I put than in the bag myself—the registered letters are generally tied with the bundle of letters—I took the bundle to the Western office, and gave it there to the letter opener, who opens the bags—this bill went with the letters; the register are rolled up in the bill, and then tied up with the letters.
WILLIAM TOWNLEY . I am engaged at the western office as a letter-sorter—on 5th January, I was at the office, at 2 o'clock in the day—the last witness is the letter-carrier who brings letters from the Oxford-street Post-office to the Western office—there was one that day for Mrs. Taylor of Colchester—I received it from the opening officer, G. Mason, and this bill; here is my signature—I take the letters into the register-room, enter them on a manifold, and stamp them on the back—if the flap of the letter had been open at that time I should have perceived it, and should have written on it—I can say that the letter was safe when it came into my hands.
JANE TAYLOR . I reside at Beverley terrace, Colchester, at present—I was living there in January—on 6th January, I received this registered letter from my son, Mr. Taylor, in London—it ought to have contained some banknotes; there were none in it when I got it—I immediately made A communication to Mr. Taylor in London—part of the letter adhered to the envelope inside, end I could not get it out without tearing it—it was adhering at one end inside the flap.
HENRY WILLIAMS . I am a salesman, at Messrs. Nicholls's, clothiers, Regent-street—on 24th January, the prisoner came and bought this coat (produced) for 1l. 11s. 6d.; the name of the firm is inside it—he offered me a 10l. note—I asked him for his name and address, and he said, "Empson, Richmond," which 2 wrote on the note—this is the note—I gave him a 5l. note and gold in change—on 6th February, I went with Jeffery to the post-office in Oxford-street, and there saw the prisoner—I am sure he is the man who changed the note—he had this coat on.
ANDREW THOMAS TURNBULL . In January last I was a clerk in the employ of Messrs. Mudie, bookselleres, New Oxford-street—on 29th January, the prisoner came there to subscribe for some books—he took an 18s. subscription, and gave this 10l. note in payment—I asked him for his name and address; he said, "Parry, of Ealing," and I wrote it on the note—I offered him a 5l. note, and he asked for gold instead—I went with Mr. Jeffery and Mr. Williams, on 6th February, to the shop in Oxford—street, and I afterwards saw at his lodgings the books which he had selected.
on February 6th to the post-office receiving-house, 99, Oxford-street, accompanied by Mr. Turnbull and Mr. Williams—the prisoner was in the shop—I asked him if he did any part of the post-office duty—he said, "Yes, I assist in it"—I said, "There was an irregularity with a letter that was registered, and sent from here by the 2 o'clock despatch on the 5th of last month, for Mrs. Taylor, of Colchester"—the prisoner said, "Did not it reach its destination then?"—I replied, "Yes, it did"—he said, "What's the matter then; anything taken out of it?"—I said, "Yes; its contents were abstracted"—he said, "How is it, then, there has been no inquiry made about it till now; it is a month ago?"—I said, "There has been an inquiry made about it"—I then asked him if he had despatched the letter—he said he could not tell—I then took Mr. Turnbull and Mr. Williams outside, had some conversation with them—we returned and went into a room with them, Mr. Stevenson, the prisoner, Mr. Dixon, another gentleman who was with us—I then said to the prisoner, "We must now make a more particular inquiry about this registered letter, as one of the 10l. notes enclosed in it was exchanged in payment for a coat similar to that you have on; where did you buy that coat?"—he replied, "At Nicholls's"—I said, "How long since?"—he said, "About three weeks"—I said, "What did you pay for it?"—he said, "1l. 11s"—I said, "But in what money did you pay?"—he said, "Two sovereigns, and I received the change out"—I said, "Have you any objection to take it of and let that gentleman see it?" pointing to Mr. Williams—he took it off, and Mr. Williams examined it—I said, "Did you not pay a 10l. note for that coat?"—he said, "No"—Mr. Williams said, "You did; and I gave you a 5l. note in exchange, and some gold and silver"—I then mid, "Do yon know Mr. Turnbull?" pointing to him—he said, "No"—I said, "Have you any of Mudie's books at home; have you Orley Farm?"—he said, "Yes," and that he had become a subscriber to Mudie's last week; he paid 18s. for a quarter's subscription in advance, that he paid it in a sovereign and had two shillings change—I asked him in what name he took out the books—he said, "My own name; Griffiths, of Hanover-cottages, Regent's-park"—Mr. Turn bull said, "No, you did not; you gave me the name of Parry, of Eating"—I then asked him if he had any objection to let us see what he had in his pocket—he took out something; Crocker, a police-constable who was present, assisted; among other papers was this one—(Read: "Found, at the West-end, three 10l. notes. Application, stating numbers, &c., to made to D. F., Post-office, Foubert's-place, Regent-street, W.")—Mr. Dixon said, "Did you put that advertisement in the Times?"—he said, "No"—I read it out first, and said, "To what three 10l. notes does this refer?"—he the "To three 10l. notes I found about a month ago on the door step outside our office"—I said, "Did you pay two of those notes for the coat and books I have spoken to you about?"—he said, "Yes; to tell the truth, I did"—he was then taken into custody—I went to his address, 11, Hanover-cottages, with the officer, and saw Crocker find the other 10l. note, No. 50, 836, S. G.—I also found eight volumes of books with Mudie's label on them—the prisoner did not say anything to me after that about finding the note—I did not hear him say that he had mentioned it to any one.
Cross-examined. Q. Where was this advertisement taken from? A. It came from his purse to the best of my belief, inside his pocket—I found that he had been living at the address I went to.
GIDEON CROCKER . I accompanied Mr. Jeffery to the prisoner's house, and found the 10l. note and the books—the note was in the folds of a blotting-book in his writing-desk—the key I found in his pocket—I unlocked
the desk and there found the note—I searched the prisoner, and found on him a 5l. note, 7l. 10s. in gold, 6s. 6s. in silver, a few halfpence, and the advertisement for the Times.
Cross-examined. Q. Did he tell you where the note was to be found? A. He told me if I asked his wife, she would be able to toll me; but she could not give me any information, and I had to search for it.
The prisoner received a good character.
GUILTY .—Strongly recommended to mercy by the Jury.— Four Years' Penal Servitude.
NOT GUILTY .
MORRIS ROBERTS . I am a merchant living at Carnarvon—on 6th February, between 3 and 4 o'clock in the afternoon, I was in Leadenhall-street—in consequence of what a gentleman said to me, I went after the prisoner, who was crossing the street—when be turned and saw me following him he began to run, and ran through Leadenhall-market—I followed him, but did not overtake him—he was stopped by some one else—I told the policeman that he bad taken my handkerchief, and the prisoner put his hand to his trousers pocket and said, "Here is your handkerchief; don't lock me up; don't be so hard"—I left him with the policeman.
SAMUEL HEARTYARD (City-policeman, 513). I saw the prisoner running through the market at about 3 o'clock in the afternoon—I chased him till he was stopped by a gentleman—the prosecutor came up, said that he had stolen his handkerchief, and asked where the handkerchief was—the prisoner said, "Here is the handkerchief," and took it out of his pocket—I took him in charge.
Prisoner's Defence. I did not say, "Take the handkerchief," but "Take the handkerchief if it is yours." It was lying on the ground, and I picked it up. A gentleman came up to me and said, "It belongs to that gentleman who is going up there." I said, "I picked it up, and if it belongs to him, take it and give it to him." He said, "No, I will tell him you have got it," and, thinking he was going to say so, I ran away. I did not steal it.
GUILTY **— Four Years' Penal Servitude.
MR. POLAND conducted the Prosecution.
GEORGE HERRING . I am a warehouseman, in the employ of the General Iron Foundry Company (Limited), Upper Thames-street, City—the prisoner Martin was employed by them in the wharf department—the company sell old iron, the result of breakage—it was part of Martin's duty, in common with other men, to see the iron weighed before it is delivered—if a customer comes and purchases iron, it is Martin's duty, if he sees it weighed, to come and report to me the amount, and I then make out what is called a check-note—on 10th February Martin came to me and said, "A ticket for Coppins"
—I said, "How much, Martin?"—he said, "Four cwt."—I then made out this note—(Read: "No 73. 10/2/63. For Coppin, broken metal, four cwt., taken by G. H."); the (G. H. are my initials—I gave that note into Martin's hands—it would be his duty to take it to the counting-house—the purchaser would go with him, or with the man who served him, and see the note given in and the money paid—I know Coppins as a purchaser of iron at our premises—I saw him there that day, after he had been served, between 2 and 3 o'clock, nearer 3 than 2—I gave directions to a man named Scarf to keep a lookout—I was afterwards fetched from my dinner to the lane outside—I saw the cart when loaded—there were other persons there who weighed the iron that was in it—I saw the metal re-weighed out of Coppins' cart; it weighed 7cwt. 3qrs. 16lbs.
Cross-examined by MR. KEMP (For Coppins). Q. What is the size of your yard? A. It is no yard; it is a series of warehouses—if a man brought a cart he would have to leave it in the lane, close to the warehouse door—I have known Coppins as a purchaser of metal before, and his father also—they in small founders—I have been in the company's employ nine years—I have not known them as customers all that time—Martin has been in their employ nine years—I did not see the prisoners in conversation at all—I saw Coppins when he was standing in the lane after the metal was brought back; I cannot say distinctly whether I saw him before that—Martin had to weigh and sell the metal—he would have no authority to throw in any over without asking me—it is not a common practice to throw in a few handfuls over without my authority—I have known it done by report—if I saw him do it without speaking to me I should check him—provided the metal is bad, that is burnt, I have given instructions myself that a few pounds should be thrown in—it is 2s. 9d. a cwt.
MR. POLAND. Q. Was this iron dirty or burnt? A. It was not.
JURY. Q. We understand you to say the extent of the allowance would not exceed seven pounds at a time? A. About that; I have that discretionary power.
CHARLES BAIKIE SCARF . I am a warehouseman in the employ of the General Iron Foundry Company (Limited)—I was present in Gardner's lane, on 10th February—I saw Martin weigh some metal—I had been spoken to by my foreman—I was a few yards from the prisoners; they could not see me from where I was—they were together—I saw Martin, in Coppins' presence, weigh some iron—when the iron was in the scale I saw Martin proceed to the heap where the broken metal is usually kept, take from then three distinct handfuls of broken sash-weights, and put them into the cart, without having passed them through the scale—both the prisoners were then present—the cart was about fourteen feet, I should think, from the scale—when I saw that I went and spoke to my foreman, and when I came back the iron that had been left in the scale was taken away—I was standing in the lane when the iron was afterwards taken out of the cart, but I did not see it weighed—I saw the cart when it first came to the wharf; there was no iron in it then.
Cross-examined. Q. Were you concealed there? A. I was—I was about twenty-nine feet, I should think, from the prisoners—I could see what they were doing—it was inside the premises—I could not hear what they said did not try to—I could see that they were talking—the warehouse is a very large place, and is filled with goods I cannot say what the width of it is, or what is its size square, not having measured it—I measured with a tape the distance between myself and the prisoners—it was not the whole distance
of the warehouse, but it was more than half—no one but myself was watching there—I have seen Coppins on the premises once before—I have been four yean and a half in the employ of the company—I have weighed metal myself, once or twice, for Coppins' father.
CHARLES THOMAS COE . I am a clerk in the company's service—on 10th February Martin brought me this ticket, at the counting-house window; it is a small window—Coppins was with him—I looked at the ticket and made out an invoice—the iron was 2s. 9d. per cwt; the four cwt came to 11s.—I had the invoice on my desk, and said to Coppins, "11s.," and he gave me a sovereign—after he gave it me Mr. Goddard, a fellow clerk of mine, came up and spoke to him before I had given him change—he said, "Coppins, where it your cart?"—Coppins said, "It is down the street"—Goddard said, "Come along with me, I want to see you," and he left with Coppins—I had the sovereign, the check-note, and the invoice, on my desk at the time; I had not given him the invoice—Martin then left and went back to the wharf—I have seen Coppins occasionally at our premises before; his father has been there several times—I have received money from him for iron, generally to the amount of 11s. for four cwt.
Cross-examined. Q. Was this document brought to you by Martin? A. Yes; I did not see Coppins with it at all—I told Coppins I wanted eleven shillings—he knows what is the usual price—he gave me a sovereign, which Mr. Goddard has now—I did not give him any change—he was standing about two minutes, I should think, before he was called away—I had called a boy to go for change, and the boy had not come up—he was called away almost immediately—I have seen him once before that.
COURT. Q. Was it he or his father who has paid you eleven shillings for four hundredweight? A. His father—I have no recollection of his having paid it before—he was afterwards given in custody.
THOMAS GODDARD . I am a clerk in the service of this company—on 10th February, a communication was made to me by Mr. Herring, and I went to look for Coppins' cart, but could not find it—I then went to the window of the counting-house, and found Coppins waiting there for his change—I asked him where his cart was—he said, "In Crawshay's yard?"—I then requested him to come with me to where his cart was—I went to Crawshay's yard, and it was there—I asked him what metal he had in his cart, and he said, "Seven hundred weight"—I then requested him to take his cart back to our premises and have the metal re-weighed—I saw four hundredweight weighed, and then there was a surplus left in his cart—I said, "You must have known eleven shillings would not pay for seven hundredweight"—he said, "It is not my fault if you don't take enough"—Crawshay's yard would not be an improper place for the cart to wait—he Would not go there unless to had some business there—it is a private yard.
CHARLES THOMAS GAYLOR . I am a City-policeman—on 10th February, I was called, and after taking the prisoners to the station, I went back and had the iron weighed—I then went back to the station and asked Coppins what metal he had in his cart—he said he believed there was seven hundred-weight—I said, "It is quite clear you don't know what weight you have in the cart; you will be charged with receiving 3cwt. 3qrs. 16lbs."
WALTER BETTS (City-policeman). I took Martin—I told him he was charged by his employers with stealing 3cwt. 3qrs. 16lbs. of iron—he said he must have made a mistake in weighing it, as he weighed it on the top of some other goods in the scale—I said that would be the charge against him and he said it was a bad job—he did not say that he believed he had
given the proper weight—he said it was the usual custom to give them a handful or two over.
Cross-examined. Q. Did he say it was the usual custom in the trade? A. Yes.
Martin's Defence. While I was weighing the metal, I was called away two or three times, and I made a mistake in the weighing; afterwards, when I found it out, I offered to rectify it, but they would not allow me.
COURT to W. B. SCARF. Q. Was Martin called away for other business while he was weighing this? A. He was not—I saw him take up a quantity and put in the cart without weighing it at all—from the bulk of the metal in the scale, I should say there was not more than four-hundredweight actually put into the scale—the scale was entirely cleared before he commenced putting any metal in at all—he put three heavy handfuls into the cart without weighing—I waited, and gave information immediately after he had put those in—he might have put in some more without my seeing it—from the position I was in I could not see the weights that were in the scale—I did not go and examine them.
Coppins received a good character.
NOT GUILTY .
MR. ARMSTRONG conducted the Prosecution.
WILLIAM JOHN ABBOTT . I am a cabinet-maker—about 2 o'clock in the afternoon of 21st February, I was passing through St. Paul's Churchyard—I stopped to look in a photographic shop, and while standing there, felt my watch chain drop and touch me—I immediately turned round and saw Hawkins, whom I had previously seen, leaning over my shoulder—I accused him of stealing my watch, and, he endeavoured to pass something to Cart-wright, whom I seized—an officer almost immediately came up and took him in custody—passing down Ludgate-hill, I saw them find the watch in Hawkins' hand.
Cross-examined by MR. DICKIE. Q. Was not Hawkins searched when you first seized him? A. Partially; his cap was taken off, and his pockets were searched—nothing was found in St. Paul's Churchyard connected with any robbery from me—this (produced) is my watch; the ring is broken.
WILLIAM LEWIS (City-policeman, 358). My attention was called to the prisoners by a postman who was passing by at the time—immediately I got behind the prisoners, I saw the prosecutor seize them both by the collar, and then I went and seized one myself—I made a search, but could not find anything on them, there being a great crowd at the time—a detective-sergeant came by and took one of them, and then a uniform constable came and took the other—on the road to the station Hawkins made several attempts to get up to the prosecutor—I could see he wanted to give him the watch, or something—I called Sergeant Packman's attention to it, and he went up, seized his right band, and found the watch there—I did not see any person come near Hawkins several times.
ROBERT PACKMAN . I am a detective officer—I was passing through St. Paul's Churchyard about twenty minutes to 2 on this afternoon, and saw a number of persons assembled—I saw the prosecutor grasp two persons—an officer in uniform went up at that moment—I went up and asked what was the matter—the prosecutor said, "One of these persons has stolen my watch"—I said, "I will take charge of this man" (Hawkins), and the
constable in uniform took Cartwright—I said, "Where if the watch? I must have it"—I searched Hawkins; he held up his hands willingly—we found no watch—another constable came up, and we went towards the station—when we got to the bottom of Ludgate-hill, I saw another person shuffle towards Cartwright; I supposed it to be a companion—I went up, cleared the people away, and searched, but did not find the watch—I then grasped Hawkins's hand, which was under his cape, and found it clenched—I opened it and found the watch in his hand—a lad followed us, and said, in the prisoner's presence, "I picked up this ring" (produced)—I found a pair of kid gloves on Hawkins.
STEPHEN THOMAS OXLEY . I am a letter-carrier—on 21st February, about a quarter after 2, I was running round St. Paul's Churchyard, and saw some people standing round—I went to look, and saw the prosecutor standing, and the two prisoners, one on each side of him, pressing him towards the shop window—Cartwright turned round with his back to the window, looking towards Hawkins; they seemed to be making motions to one another—I went and called the attention of a police-officer—I afterwards went into a house, and when I came out they were taken in custody.
GUILTY .— Confined Nine Months each.
MR. ARMSTRONG conducted the Prosecution.
WILLIAM DAVIS . I live at 2, Whitefriars-street, and am a bricklayer—on the night of 20th February, about half-past 10, I was coming along Bridge-street from work and met the prisoner; she was shaking with cold, and asked if I would give her a little drop—I gave her some gin, and after leaving, I went over towards my own place, and she came after me, put her arms round me, and asked me to go with her—I said, "No, not tonight;" and then I put my hand to my pocket and missed my pocket-book, a 5l. note, three sovereigns and a half, and some postage-stamps.
Cross-examined by MR. COLLINS. Q. Where had you been that evening? A. At Mr. Morgan's, at work—I might have had a glass of ale to drink, nothing else—I left my own place about half-past 7 in the morning—I had been home to dinner—another woman came into the gin-shop after the prisoner, and had some gin with her—I am in the habit of treating ladies that I meet in the street with gin—I am married, and have a wife and family—I had a glass of the gin—we had a quartern of gin between us three, which was 5d.—when I came out I went about 300 yards or so, to Bride-court—that is not a retired place; thousands go by there in the day—the other woman left and went away—I left them both in the public-house—I wished them good-night there, and then the prisoner followed me—I did not speak to her at all—I saw my money safe, about twenty minutes before, in my pocket-book in this breast pocket—I only had this coat on—she was close to me when I missed it—the policeman has the pocket-book—I afterwards found it at my feet—I did not get my money back—I lost three sovereigns—I believe she swallowed them—I found a half-sovereign, which fell out of her mouth on to the pavement at my feet.
JOSEPH PICKING (City-policeman, 363). On the evening of 20th February the prisoner was given in charge—the prosecutor had hold of her—he turned her round, and I saw a piece of paper drop from the front of her dress—I picked it up, and found it was a 5l. note, partly torn—I also picked up a receipt-stamp from under her feet—I found this pocket-book (produced)
wrapped up in her shawl—I took it out of the shawl, and the prosecutor directly said, "That is my pocket-book."
Cross-examined. Q. Was the pocket-book wrapped up in the shawl? A. Yes, not lying on the top of it—I opened the shawl and took it out.
GUILTY .— Confined Three Months.
MR. PATER conducted the Prosecution.
HENRY PASSEY . I am a cap-manufacturer, of Newport-street—I have known the prisoner some time, and have been in the habit of discounting bills for him—he called in November, 1861, to ask me to cash this bill (produced)—(Read: "London, November 28th, 1861. Two months after date, pay to my order 50l. for value received, William James Taylor. Messrs. Harding, Regent-street, London, Accepted; payable at the Union Bank, Argyle-place, Regent-street. Thomas Harding and Son.")—I think I told him to leave it, and I would see about it in the morning—it was left with me, and I took it and showed it to Messrs. Harding—I do not think he told me from whom he had obtained the bill—when bills are brought to me I am in the habit of examining the name of the firm on them—I do not know that I looked at the name on this one—I don't think I examined the acceptance—I do not think I do so in the case of a person for whom I have done the same thing before—I did not make any inquiry of him as to whether this was the writing of the firm of Harding and Son—I saw him next day, and told him it was a forgery—he began to tell me the extenuating circumstances that caused him to do it; that he was a ruined man, and had an execution in his house or something to that effect, and that he only wanted the money for two or three days, and I should only have had his bill in my hands for two or three days; something to that effect.
Cross-examined by MR. WILLIAMS. Q. Have you ever mentioned before his saying that there was an execution in his house? A. No—I have been examined before, and have answered every question put to me—I know the prisoner's writing—I have no doubt about the body of the bill being in his writing, but the acceptance I should not like to swear to—I looked at the bill when I took it, but not with a view to see whether the acceptance was in Mr. Harding's writing or not—the writing did not strike me till two or three days afterwards.
MR. PATER. Q. I understood you to say that it was the day after, from what you heard from Mr. Harding, that you told him it was a forgery? A. I said the next morning, but I am not sure that I was right—if the next morning was Sunday, I am sure I was not.
HORACE WELCH HARDING . I am a member of the firm of Messrs. Harding and Son, of Regent street, button manufacturers—the signature on the acceptance of this bill is a forgery—the prisoner had no authority from our house to sign the name of the firm—this letter(produced) is in the prisoner's writing.; I received it the day after—Mr. Passey came to me with the bill, November 30th, 1861—I took proceedings against the prisoner before that letter came—I made application to the Magistrate for a warrant, but he would not grant it; he said, "No, when you see him give him in charge"—my brother gave him in custody—he is not here to-day.
Cross-examined. Q. Is he a member of the firm? A. Yes; there are three members—the other two are not here—I am the acting partner, and sign cheques. (Letter read: "London, November 30, 1861. 42, Great Dover-road. Gentlemen,—I beg to offer you every possible apology for my great
indiscretion in giving your name to Mr. Passey. I beg to assure you, gentlemen, although the act was most blameable, I was innocent in intention of wronging your position commercially in any way. Knowing Mr. Passey most intimately, I felt convinced, under the most pressing circumstances, the particulars of which he has, that the temporary accommodation I required could be obtained from him without inquiry or exposure; the result, unfortunately, is too well known; my character, the maintenance of my wife and family, is entirely in your hands. I beg, gentlemen, that you will withdraw any steps you may have taken in the case, and in allowing the matter to rest without exposure you will confer a lasting favour on your most obedient servant, W. J. Taylor.—To Messrs. Harding and Son.")
JAMES STEVENS (Police-sergeant, C 27). I was at the station when the prisoner was brought in—I told him the nature of the charge, and said, "You hear what you are charged with?"—he said, "I thought the matter was all settled; I have seen Mr. Passey several times since; I have also transacted business with him.
COURT to HENRY PASSEY. Q. Have you frequently seen the prisoner since this? A. Yes; two or three times—I have done business with him.
GUILTY .— Four Years' Penal Servitude.
MR. THOMPSON conducted the Prosecution.
GABRIEL OPPENHEIM . I am a merchant at 52, Marlborough-street, an importer of French goods—two or three days before 28th January two or three persons, of whom the prisoner was one, came and said they wished to have some carriage-clocks—I had not got any then, and they persuaded me to get them for them, which I did, and they said they would come in two days after—on 28th January the prisoner came alone, asked to see the carriage-clocks, and I showed them to him—he selected some, but said he would decide on the matter in a short time, as he expected his two other friends to meet him at my house in a short time—having a cigar in his hand, he said, "Would you have the goodness to give me a light?"—to do that I had to leave him alone in the warehouse while I went to get a light—he was standing before the three clocks—I returned instantly and gave him a light—he laid, "I am going to take a cup of coffee in the neighbourhood; I shall be back in a few minutes, and we will decide the matter"—he lighted his cigar very comfortably, spoke a few words, and then went off—in ten minutes or a quarter of an hour I opened one of the boxes, and missed one of the clocks—they were each in a little box—he did not come back—I gave information to the police about half an hour afterwards—on 20th February I went with a policeman to 36, Percy-street, Tottenham-court-road, and there saw the prisoner—I asked Mr. Walham, who was there, what the prisoner and his two friends were doing there—he said, "They wish to have carriage clocks"—I said, "The same as this fellow robbed me of a month ago"—I gave him into custody.
Cross-examined by MR. COLLINS. Q. Is yours rather a large warehouse? A. Yes—the clock which he robbed me of does not belong to me—I had them on commission from another house—my foreman also serves in my warehouse—I went to my counting-house to get the light; that adjoins the warehouse—there is a glass door between them—I could not have seen the prisoner if I had turned round, because the warehouse is slanting—my foreman was at that time in the front, about twenty yards from the warehouse—he could not see
into the warehouse, because there is a small passage between—it might be twenty minutes between his first looking at the clocks and my missing one of them—I was in my warehouse and counting-house during that time—nobody else was in the warehouse—the prisoner was a perfect stranger to me.
LAZARUS HOUSE (Policeman, C 95). On 20th February the prosecutor came to the station—when we got to 36, Percy-street, he pointed to the prisoner and said, "That is the man that stole my clock"—the prisoner looked round at him, and said, "I never saw you before; I know nothing about your clock"—he was carrying this bag, with two large pieces of cane in it, which swelled it out to a great size.
MR. COLLINS to G. OPPENHEIM. Q. What size is a carnage clock? A. About five inches high and two and a-half inches wide.
COURT. Q. Had he a bag when he came to you? A. No—no one came into the warehouse between the prisoner's leaving and my missing the clock—the three cases stood on the counter after he left—that is a good distance from the warehouse-door, longer than this court—no one can come into the warehouse without passing me.
482. MICHAEL MANSWORTH was again indicted for stealing 1 chain, value 8l. 10s., in the dwelling-house of Robert McCabe; also stealing 1 clock, value 17l., the property of John Richard Lund; to both of which he
PLEADED GUILTY .— Five Years Penal Servitude.
FOURTH COURT.—Wednesday, March 4th, 1863.
PRESENT—Mr. Ald. WATERLOW; Mr. COMMON SERJEANT; and ROBERT MALCOLM KERR, Esq.
Before Mr. Common Serjeant.
483. RICHARD PEARSON (43), was indicted for unlawfully obtaining, by false pretences, 399 pieces of linsey, the goods of Jeremiah Walton, and 11 bales of blankets, the goods of James Halliday. Second Count, for a conspiracy, with Arthur Newman and others. (See page 392).
MESSRS. METCALFE and BESLEY conducted the Prosecution.
JEREMIAH WALTON . I carry on business at Bradford, in Yorkshire, as a manufacturer—I knew the prisoner from the 3d June, 1862—up to 29th August, I sold him goods to the amount of about 1, 328l. odd—he was indebted to me at that time rather better than 1, 100l.—I had had 200l.—the goods were sent to, and I always knew him as living at, No. 6, Noble-street, City—about the middle of July I told the prisoner that he was not coming forward, according to promise, with his money—he said, "Well, I have a man along with me at the present time; I am very sorry for it, but I have no money for you; this man owes me 500l.; he is a very large shipper, a man of great means, but does not happen to have his remittances coming forward as they ought to do; his money has not come in according to his anticipation"—we were in a small room at the Bowling Green Hotel, at Bradford, and he called in a man named Newman, and said to him, "I have been telling Walton that you owe me 500l."—Newman said, "Yes, that is so, and as soon as I get it you shall have it"—with that understanding from Newman I sold the prisoner more goods, and continued to serve him with goods till the middle of August—he said the goods were for shipping—I afterwards got a cheque for 50l.—I did not give that up—I gave up a cheque to the prisoner for 100l. which was dishonoured—the 50l. cheque was
paid in July, after I saw Newman—I got these eight bills (produced) all from Pearson—I received six at one time, in September, and the other two either in July or August, I believe August—after this cheque had come back I asked about these bills, and Pearson said they were regular tradesman's bills—I have seen one of the drawers or acceptors—I forget who it was now; he was going through the Bankruptcy Court—I parted with my goods after I told the prisoner that he was not coming forward properly, because I believed what was said about this man Newman, that induced me to part with them—I parted with between 400l. and 500l. worth of goods after that time, and sent them all to 6, Noble-street—I afterwards went there myself two or three times—that was in the last week that the Exhibition was open, I mean in the extra fortnight that was allowed for purchases—I saw Pearson in the street, and he said he was rather busy, and would meet me at 12 o'clock at his place of business—I went, and he was not there—I never saw him again after that—I went eight or nine times and could not see him again—the place was entirely stripped, except two or three bits of paper—I did not go to Newman's place of business, 48, Fenchurch-street, then—I had stopped a long while in town, and returned back again—I once went to Newman's place; I believe it was in September, I saw him—I found no goods there—we went to his warehouse after he was taken to prison—he was taken into custody at my direction, I believe at the beginning of November—he was tried and convicted in this court—when we took him we tried to get Pearson also; we could not find him—I instructed the officers to take him; I obtained a warrant for him—I have seen Pearson and Newman together four or five times, besides the times I have spoken of; I believe once in October, and the rest in August, September, and July, from July to October.
Cross-examined by MR. RIBTON. Q. You have got your books here, I suppose? A. I have got a statement of them—the first parcel of goods on 3d June amounted to 259l.—1,328l. is the sum total altogether of what I sold him—I received 250l.; the sum of 100l. on 15th July, 50l. on 16th, on 3d August 50l., and on September 17th 50l., leaving him indebted to me 1,078l.—that is correct—I received 2l. 10s. beyond that—I am correct in saying it was the middle of July that I saw Pearson and Newman together first—I don't think my books will assist me about that—I don't know whether my son saw them at the same time—I saw them at the Bowling Green Hotel—my son was not with me then—Pearson was indebted to me rather better than 800l. when I first saw Newman—I am correct in stating that it was between 400l. and 500l. of goods I sold to Pearson after I saw Newman—I don't recollect the day in July, but I think it was on the 13th—I saw Newman before the payment of the 100l.—I believe Pearson had not given me any bills before I saw Newman—I believe I got a cheque and two bills from him—the cheque was paid, but the bills were returned—as far as I can recollect the cheque was for 100l.—my son keeps the books; to will know more about them—the accounts are here—I have not got my books; I don't think my son has—I will not swear that before I saw Newman I received anything from Pearson in the way of cash or bills—I am not sure one way or the other—I believe he sent me the 100l. cheque from london—it was a cheque of his own, drawn by him on the London and westminster Bank; it was sent to me crossed—I believe I paid it in to my banker; I don't know whether I paid it through Overend and Co.—these three cheques for 50l. were sent to me in the usual way by Pearson, drawn by him on his own banker, and paid to me—I believe he sent me those bills
about 17th or 18th July, from London—the bills he sent me first were destroyed with the 100l. cheque, which was not paid; that was a cheque of his own, drawn by himself, I believe—it was a cheque of his own as far as I know—it was not drawn by a person named Dumont—it was dishonoured and returned to me—the two bills which I received in July were towards the account; those two bills and this cheque happened to come back within a day or two of each other—he sent them within two months of each other—the bills were sent first; they were dishonoured.
COURT. Q. When was the dishonoured cheque sent to you? A. About the 17th or 18th September, and the bills in July.
MR. RIBTON. Q. At the time the cheque was sent to you in September, had the bills been dishonoured? A. They had not come back—the cheque and the two bills were destroyed when I received the other six bills—the six bills were given to me in lieu of the dishonoured cheque and the two bills—I did not pay all those bills in to my banker, or get them discounted; five of them were not paid—one of them a son of mine had, and it was paid, the 96l. one I think—he took one and paid it away.
COURT. Q. Were the bills honoured and paid? A. Not one single one.
MR. RIBTON. Q. Were these six bills, with the exception of those two you gave back, the only bills that were sent to you by Pearson? A. No; there were two more besides the other two—I believe I got them in August—they have been paid away; they were not honoured when due—I remember seeing Newman at the Junction Inn, at Bradford, when Pearson asked him to endorse the bills—the bills were on the table—Newman walked about the room for some time; he declined to endorse these three on which his name does not appear—Pearson said to him, "You know you have given me those bills, and you must endorse them;" that was not said more than once—I asked him to endorse them, and be continued walking about the room, and finally did not endorse them; I let the bills lie there somewhere about half an hour, and then took them up—it was a kind of worsted goods that I sold after I saw Newman, half cotton and half worsted, what we term linseys, and winseys also—when I saw Pearson first, he represented to me that he was trading partly on his own account and partly on commission—I have never seen an instance of parties in London having an office without any goods, who simply buy from the manufacturers in the North and sell to the dealer in London, not when they have been men of business—I saw Mr. Pearson's place cleared out—I believe there are persons who buy on commission from London travellers—I am not aware that they also do a little business on their own account, and buy goods from the manufacturers upon speculation—I have had very little to do with the London trade.
MR. BESLEY. Q. Did Newman give a reason why he would not endorse the bills? A. He did not refuse; he did not do it—he did not say be would not when Pearson said, "They are bills I got from you"—Newman said, "I believe he had something to do with stopping us getting the 625l. of bills from being discounted belonging to Demas, Ellis and Co., and for that reason I will have nothing at all to do with him any more"—I thought he meant me when be said, "He had something to do"—that was either in October or September, I can't exactly state just now—I had nothing particular to do with these 625l. bills—I heard tell of them coming to Bradford; they were none of these bills—I believe the first time I saw Newman with Pearson was somewhere about the middle of July; I cannot swear to a day—Pearson owed me then between 800l. and 900l.
MR. RIBTON. Q. What you say now about that conversation is, "Newman said 'I believe he had something to do with stopping us from getting the 625l discounted.'" I have got what you said on the former trial; was not this what he said, "I should have endorsed them if he had not stopped the 625l. bills from being discounted?" A. I believe not.
COURT. Q. What is the difference between the two? A. Well, I don't see any—he identified himself with Pearson, and said, "He prevented us from getting that 625l. discounted—I am sure he used the word "us."
SQUIRE WALTON . I am the son of the last witness, and assist him in his business—on 14th August I had an interview with the prisoner and Newman at our warehouse in Bradford—Mr. Pearson said, "This is Mr. Newman, of the firm of Newman & Co., of London, and be wants to look out a lot of winseys"; that is a sort of woollen goods—they both came in and looked out some goods—I said to Pearson, "Have you brought us any money down to-day?" and he replied, "Mr. Newman and myself have made arrangements for paying 500l. within a fortnight"—before they left Pearson said, "These goods must be sent off to-night, as they must be shipped to-morrow"—I sent the goods off the same night, amounting to 32l. on that occasion—on 27th September I came up to London, and went to Mr. Pearson's place in Noble-street—I saw him there, and told him I had come about some money, and I went down with him to Newman's—I don't know what the amount was at that time; we wanted about 500l. on account—I said to him, "We want 500l. to help us on for a week or two"—when we got to Newman's he said, "Stop there; I will tell you when to come in"—after waiting outside for about half an hour, he called me in, and Newman said, "I suppose you are after the money?"—I said, "Yes"—he said, "Well, I have got a telegraph this very morning from Florence that a large sum of money is upon the road, and if you will wait a few days you shall have every farthing of your money"—I asked for cash, and he brought a drawer full of bills out, and put on the table—he said, we could have the whole account, if I had a mind to take it out of the bills—I said, we did not want any more bills, we wanted cash; we would have nothing but cash—he said nothing particular to that—I could get nothing—I afterwards came up to London again, saw Pearson, and said I had come up for some money—he told me to look in again in the morning—he said he could not get above 100l. that day, and I saw him seal a 100l. cheque in an envelope—I saw the cheque in his hand; it was one of his own drawing, on the London and Westminster Bank—he enclosed it in an envelope, and sealed it in my presence—he said he should be receiving a large sum the day after—the cheque was not payable in London; he was going to send it down to my father at Bradford—he said he would send another 50l. up in the morning—I was not going back the same day, the day after; that was soon after 27th September, the second time I came up—I came up in July first; nothing particular was said then—that cheque for 100l. was not paid—we got nothing—when I got home, no cheque had come; it did not come at all.
Cross-examined. Q. Was it before or after you went to Newman's and saw the bills, that this affair about the 100l. cheque occurred? A. After that, I can't say to a few days, I saw the 100l. cheque—I did not see the 50l. one which he said he would send up in the morning—this paper which has been produced is a correct statement from the books—I copied it from the ledger—I first saw Pearson in July, and Newman on 14th August—he had been in Bradford before that—I had heard my father speak of him before that, twice I think.
JAMES HALLIDAY . I am a manufacturer, carrying on business at Earl's Heaton, in Yorkshire, about a mile from Desubpœnaedbury—I first knew Pearson in the last week in August, and in August and September I supplied him with goods to the amount of about 308l.—Newman was with him at the time—previous to their buying any goods Johnson came down—when Pearson and Newman came, they said, "We want some blankets for Garibaldi's army"—I told them that Garibaldi was captured, and they would not require the blankets—they said that made no difference—the order would have to be completed, and they would get paid for the blankets the moment after the shipping-warrant was signed—they referred me to Bradford as a reference—I was satisfied with the party they referred to, and I let one lot of blankets go, to the amount of 192l., and their payment was either four months' bill net cash, or payment on the second Thursday in October, at 2 1/2 per cent, discount—I sent that lot of goods up on 30th August, by Mr. Pearson's order, to Alcock's, in Old Change—in the course of a few days Pearson sent down for the other lot by letter; I will produce it directly—I sent them to the North-Western Railway-goods station to my own order.
MR. RIBTON. Q. Can you let me see that letter? A. I have not got it upon me, I will produce something which will be just as good—I came up to London about the time the second order was given me—Pearson happened then to be down in Yorkshire—I waited in London till he came back, and then saw him and told him that the second lot of goods were in London, but I had a little bit of doubt about the payment of them—he said, "The goods will be paid for, I can assure you"—he said, "I want to ship these goods directly;" and upon that I gave him an order to receive these goods from the station, and drew a bill on him, on the same day, for 150l. at four months—he accepted it, and the remainder was to be paid in cash on the second Thursday in October—I wrote him up, and told him the time was getting up, and hoped he would be as good as his word.
MR. METCALFE. Q. Did you get any money? A. I got a cheque for 100l., signed by Dumont—that cheque was presented at the bank, but there were no assets; it was dishonoured—I never got any money at all for any of my goods—the bill was dishonoured—I was induced to part with my goods because I had got a reference from Ellis's of Dudley-hill, and they said he was all right as far as they knew; that he had done business with them, and would be safe for 300l. or 400l.—they said he was a respectable man; that was the only thing that influenced me—we don't ask persons what the goods are for, unless they tell us.
Cross-examined. Q. Have you got this cheque? A. It is in London at present, at Craddick's—it was drawn by Dumont on the Metropolitan and Provincial Bank, endorsed by Newman and Pearson, and sent to me by Pearson.
EDMUND HORNSBY . I am clerk and manager to Mr. Alcock, a packer, of 26, Old Change—on 30th August, I received eleven bales of blanket from the country; I do not know from whom—we receive goods from the carriers—they are consigned to us, and then we deliver them to any one who applies for them—it is a rule of the trade to deliver goods up without an order, because we know that no one knosubpœnaed what is coming up—we know our own customers—we should not let a stranger have them—we received the eleven bales about 30th August; I can't tell to a day—we delivered them to Mr. Pearson's order, which I have here—(Read: "6, Noble-street Messrs. Alcock,—Please let the bearer have eleven bales of blankets marked A 1 to 11, forwarded to you to my order, R. Pearson.")—the blankets were
marked A 1 to 11, in the usual way, as we receive them from the country—this memorandum at the bottom of the order is our address in Old Change—we delivered the goods to Messrs. Werner and Falk, Bury-court, St. Mary Axe on 2d September.
Cross-examined. Q. How long have you known Mr. Pearson? A. I should think six years—I knew him when he was in the employ of Kiley Brothers—I don't know how many years he was with them; a long time I how—he was a buyer there—he used to go down into the country—I know that be started in business on his own account at the latter end of 1861—I always knew him as a man who bore a respectable character in the trade while he was at Kiley's—I never heard anything against him till this matter.
JAMES HALLIDAY (re-examined). The blankets that I sent up were marked from A 1 to 11; that means eleven bales numbered consecutively—I sent them on 30th August, and the invoice was dated the same day—I sold them at tenpence a pound.
MR. RIBTON. Q. Is that you are looking at in your handwriting? A. Yes; I made the entry last month at my office, when I was subpœnaed here—I did not make it at the time the goods came.
THE COURT considered that there was no evidence on the charge of conspiracy to defraud Mr. Halliday.
WALTER PENN FRANCIS . I am living at 12, King-street, Cornwall-road, Lambeth—in the summer of last year, I was in the service of Newman, at Fenchurch-street—I went there between May and June, and was there until he was taken into custody—I believe he was pressed for money at that time—people made applications for money at the office repeatedly—a sheriff's officer came amongst others—I remember on one occasion, when the sheriff's officer came when Newman was there, he got under the desk—I told the sheriff's officer that he was out; that was by his direction—he played hide-and-seek in that way on several occasions—I put off creditors in the best way I could—a great many goods came to the office from Mr. Pearson's, Noble-street—we used to have to go to Pearson's for them, and they were then sold to different persons—some were taken to Mr. Christy's, in Water-line, shipping agent—I did not receive any money from Mr. Christy—Mr. Newman was generally there to receive the money himself—I have seen Pearson at Newman's several times, two or three times a-week—he was not there at any time when there were applications for money—I never saw them go out together—Mr. Pearson used generally to come there in the middle of the day, and used to go out by himself generally.
Cross-examined. Q. Newman, I suppose, received a great quantity of goods from a great many parties? A. I cannot tell you who they were from; not from a great many other parties as well as Pearson, that I am aware of—I only know of two persons that we ever had goods of, Mr. Pearson and a person named Dyson—he had very few goods from Dyson—Dyson's debt was not the sheriff-officer's affair; that was a debt to a man named Bennett, who made some fancy-boxes for the Exhibition—he only had one lot—the amount was 50l. or 60l.—it was a lot of boxes that were ordered before he took the office in Fenchurch-street—I don't think goods could have come in from anybody else without my knowing it—I was generally there when they came—the goods that came from Pearson
generally had a delivery-order with them—I find I have signed several times in this delivery-book (produced) in the regular way of trade—Newman used to receive the goods himself occasionally—there are only two of my signatures in this book as having received goods—I only signed when Newman was out—I was present sometimes when he signed—a great many parcels were received; they came in so often, I can't tell you the number—on an average, they came three or four times a-week—the office was so constructed that I could hear all that passed where Newman was sitting—I heard Mr. Pearson go on at Mr. Newman on one occasion because he had dishonoured a bill—Pearson said, "You foreigners don't seem to mind about dishonouring a bill," and made use of some other words; he was angry with him at that time—Newman has frequently made excuses to him—I had to deny him very often when Pearson has come to the office, by Newman's orders—that has happened about eight or nine times perhaps—I have sometimes heard him make excuses for not paying Pearson, and I once heard him trying to persuade Pearson to become a bankrupt, and to get rid of his debts—Newman often said he expected money from abroad; he did not say from where—he has often said he would pay, and then shuffled out of it—he was always making promises from the first to the last, not only to Mr. Pearson, but others—he had said to me sometimes, "If Pearson calls, tell him I am gone out"—I have seen bills pass between them—I only heard him finding fault with Newman because a bill was dishonoured on one occasion; that might have been in July or August—Newman left the business on 17th November, the day he was taken—I cannot swear whether he made promises to Pearson shortly before that—he made so many promises to everybody, that I did not take any notice.
COURT. Q. What was about the last time that you heard him making promises as far as Pearson is concerned? A. About September, I suppose, or October—I had seen Pearson there in the course of the week before Newman was taken—I cannot recollect whether I heard Pearson ask him for money—the last time I heard about bills was about the beginning of October—that was about bills going off to Russia—there was an altercation about the bills.
MR. RIBTON. Q. Do you know that Newman ever received goods from abroad? A. He expected to receive some goods from abroad; he told me so—we had the samples sent up, cloth and wool—they came from Hamburg; the bulk never came—I went down after Newman was taken to see if they had arrived, not by his orders—I wanted to be paid my wages; I have not got them yet—other persons came there besides Pearson—they were angry with him—he never paid anybody, I believe, only those he was compelled to pay—I cannot say what he did with his money—I know he was at Christy's, every time the goods were sent, to receive the money—I cannot tell you how much he received.
MR. BESLEY. Q. Were the goods that were taken to Christy's the goods that came from Pearson's? A. Yes; they were fetched from Pearson's and taken to Christy's in the same state as they came from the manufacturer—we took goods to Werner and Falk's in the same packages as they came from the country—I have fetched goods out of pawn for Newman; new articles, such as table-cloths, petticoats, umbrellas, and linen goods, manufactured articles—none of the goods I fetched from Pearson were linen goods; they were stuff-goods—Pearson and Newman had conversations two or three times a week, not more frequently—it was on business; they spoke about what goods they expected up from Bradford—I have heard
Pearson say to Newman, "If you will send me up the goods, I will get you the money"—I have heard them frequently angry with one another, high words sometimes—they used to send me out of the office—I think the last time I heard them having high words was in October—I believe after that Newman went down to Bradford and came back again—Pearson was at Newman's after that, late of an evening—I went away at 5—I cannot speak about the conversations—goods were fetched from Pearson's to Newman's after October.
COURT. Q. Was Newman's name upon the door? A. Yes; "A. F. Newman"—he was a merchant, he dealt with the manufacturers on the one hand, and the shipping-agents on the other—he only commenced business in May—I went there at first—I knew a little of him before that—he put himself up as a gentleman before to me—he was not engaged in any business then.
MR. BESLEY. Q. Were you with him when he was taken in custody? A. Tea—some papers were there then, which were taken over to Mr. Holmes, the prisoners attorney, who is now defending him, and who was the attorney for Mr. Newman.
MR. RIBTON. Q. Mr. Newman I suppose, whenever he was in distress, ordered you to pawn for him? A. I have pawned things for him when he was pressed for money, and then redeemed them again—he paid the sheriff's officer's affair—I believe I pawned for him about that time—I suppose Newman imposed upon me, and a great many other people.
SOESMAN ABRAHAMS . I am a wholesale grocer, at 4, St. Mary-at-Hill—a person named Bernard took an office there, and left about June or July; be lived there about twelve months—I did not see him fox several weeks previous to his leaving—rent was due when he left—the name of Bernard and Co. was put up.
WILLIAM LISSENDEN . I am housekeeper at 26, Bush-lane, Cannon-street—about 2d May, a person named Pollack took a room there, and left about the end of July—he owed rent when he left—he left the furniture in the office, which was sold for the rent—I bought it—the name of Pollack and Co. was painted up.
ANN BEARD . I am housekeeper at 28 and 29, Southampton-street, Strand—a person calling himself Barnett occupied a couple of rooms there—the name of Barnett and Co. was put up—he left in August—I knew of his going away.
MARY PHILLIPS . I am housekeeper at 32, Fenchurch-street—a person calling himself Clermont and Co. came there; I can't say exactly when—the name was painted up while Mr. Levavasseur was abroad—it was up, I think, about six weeks—Mr. Clermont left when Mr. Flight, the landlord, took possession—I don't know exactly when that was—one quarter's and one month's rent was due when he took possession—Mr. Levavasseur allowed Clermont to have one of his rooms—I think he was only six weeks there.
WILLIAM AUGUSTUS PINFOLD . I am housekeeper at 69, Hatton-garden—a Person calling himself C. A. Martin took a room there, on the first-floor, about February, 1862—C. A. Martin and Co. was painted up—possession was given up about September the last time I saw him there was about July—there was rent due—I saw cloth goods brought there, and umbrellas—my employer did not seize for the rent; the goods were left.
I went—he left in the early part of December—he left in debt—"Matthew Chabry and Co." was put up—he is at 41, Basinghall-street now, I believe—I have not been seeking him—I have been told he is at 41, Basing hall street; of my own knowledge I know nothing about him since he left me.
EDWARD HANCOCK (City-policeman, 477). I took Newman on 17th November—I found these two bills on him—he passed them to a companion—these letters (produced) were also on him—I took Pearson on Sunday, 25th January, in Surrey-street, Blackfriars-road—I had a warrant, dated 19th November, which I read to him—I told him the charge, and he said, "Now I am taken I will speak the truth; I ought to have come forward before"—I believe they were the precise words—between taking Newman and taking Pearson, I have been looking for him—Baker, another officer, was with me—I know Augustus Lorck, of Dunster-court, Mincing-lane, the acceptor of one of those bills—he absconded immediately after this, and I have not been able to find him.
Cross-examined. Q. The warrant you had was for forging Lorck's name, was it not? A. Yes; Mr. Lorck was not forthcoming—he was examined on the first examination, and could not be found afterwards—nothing else was done on the case of forgery—I do not know his signature—he was a merchant—I was present at Newnan's trial—he was found guilty upon another indictment for obtaining money by false pretences, and for conspiracy with a person named Turhoff—Pearson had nothing at all to do with that indictment—it was for making false representations about Farina's Eau-de-Cologne.
GEORGE TOLSON . I am a woollen manufacturer, living at Dewbury, about nine miles from Bradford—in August, 1862, I became acquainted with the prisoner—he came with a man named Johnson the first time—I cannot speak accurately as to whether Newman was with him the first time or not—I did not see him many times—Johnson told me he was buying goods for Newman and Pearson—he came by himself first, before I saw Pearson or Newman—I had several conversations with Pearson about Newman—he spoke very highly of him as a respectable man—they were together several times—I supplied goods which were sent to Pearson—I got an acceptance from him—I did not afterwards see Pearson at Mr. Newman's solicitor's office—I don't know where Mr. Holmes' office is—Mr. Holmes wrote to me and we entered into an arrangement, which was not carried out—I never saw Mr. Holmes; it was through my solicitor—I received one of these letters by post, and the other was brought by Newman himself; they came from Pearson—I saw Pearson and Newman together, perhaps, two or three times at Desubpœnaedbury—I don't know exactly when I first came to London—(A letter was here read from Pearson to Mr. Tolson, dated 14th September, 1862, 48, Fenchurch-street, stating that he had spoken to Newman and reckoned upon coming to an arrangement, and that Newman was just the man to carry out Mr. Tolson's ideas; that he would come down to Desubpœnaedbury on the monday night if it would suit him. Another letter was ready, dated 10th September, 1862, 6, Noble-street, Foster-lane, Cheapside, from Pearson to Tolson, stating that if Newman looked out any goods suitable for any of his markets, he would allow Mr. Tolson to invoice them to him, and that he had every confidence us Mr. Newman, from what he knew of him and his family connexions.) Bills read: "London, July 10th, 1862. One month after date, pay to my order 100l., for value received. To Dumont and Co., 40, St. Mary Axe, City: endorsed, R. Pearson." "London, September 17th, 1862. Three months after date, pay to my order, 50l. for value received. To Messrs. A. Chiron
and Co., 90, Lower Thames-street: endorsed, R. Pearson.") The two letters found upon Newman from Pearson were here read, dated, "Bradford, November 6th, 1862," and stating that he had seen all the people there, and that they would do anything in reason; and if he (Newman) could only keep Hamilton and read quiet he should have plenty of time to turn round with the others, and that he was going on to Huddersfield the next day:—the other letter was dated November 7th, and stated that he had got on rather slow at Huddersfield; that he hoped he should get on better, as if not, things would be getting into a fix. (Another letter was read as follosubpœnaed)—"6, Noble-street, Foster-lane, Cheapside, November 15th, 1862. Mr. Newman: Dear Sir, please let my nephew have the difference of the cheque of 10l. which I gave you for Mr. Kirby; if you cannot let me have the whole amount, please let me have 2l. at least. Yours respectfully, R. Pearson."
GEORGE TOLSON (re-examined). I first knew Pearson about August last—I did not know him before that—I got good references from him—I can say nothing about his character; I can only say the references I got were good ones; they said he was a respectable man,
The prisoner received a good character.
NOT GUILTY .
PLEADED GUILTY . MR. COOPER, for the prisoner, stated that her first husband was only with her one day after the marriage, and then blackened both her eyes, and that the second husband had great affection for her.— Confined One Day.
OLD COURT.—Thursday, March 5th, 1863.
PRESENT.—Mr. JUSTICE WILLIAMS; Mr. Ald. ABBISS; and ROBERT
Before Mr. Justice Williams.
MR. OPPENHEIM conducted the Prosecution, and MR. COLLINS the Defence.
NOT GUILTY .
MR. GRANTHAM conducted the Prosecution.
EDWARD GEORGE CHAPMAN . I am a licensed victualler, at Stutley-terrance, Camden-town—on 12th February, about a quarter to 4 in the morning, I was rung up by a policeman—I got up, went down, opened the front-door, and let him in—we afterwards went into the yard—the policeman looked in the dust hole, which is a kind of shed, and there found the Prisoner; I saw him bring him out—I had gone to bed at half-past 1, but at a quarter to 1, I went into the back premises and fastened it up—the house was all right—there was no one in the tap-room—the prisoner was not intoxicated—the glass of the fan-light over the back-door was broken; it was quite sound when I went to bed—the steps were in the yard when I went to bed; I found they had been moved and placed close to the fanlight, so that anybody at the top of those steps might have broken it—I had
locked the parlour-door over night outside—I found that had been cut away to enable him to get the lock back, but he had not cut away sufficient to do so—he must have got into the parlour through the window; and as he could not open that door, he must have got out of the window again, and then broken the fan-light to unlock the top-bolt of the back-door—the parlour-window was open—no property was missing on this occasion—the house had been entered on the Sunday previous, and somebody had evidently been in the house on this night.
Prisoner. Q. How far had the steps been moved? A. Eight or nine yards; they were not in their regular place—when you were found I said, "We have caught you at last."
JAMES KING (Policeman, S 428). I was on duty at half-past 4 on the morning of 12th February, in Buck-street—I heard a smash of glass at the rear of the Buck's Head public-house—I ran to the wall and listened a second or two—I examined the wall, and found marks and fresh scratches on it, indicating that some one had been over; my brother-constable, Woolonugh, came up—I heard some one moving at the back of the prosecutor's premises—I got up on the wall—Woolnough went and rang the bell, and the prosecutor came down; and while he and Woolnough were in the house, I saw the prisoner come from the prosecutor's back-door and go into the dust-hole and conceal himself—we brought him out, took him to the station, searched him, and found on him a piece of candle, several silent-matches, six keys, and a pair of scissors broken, with the rivet out—they would be serviceable in pushing back the catch of a window, and the marks inside the parlour-door were such as would appear to have been made by such an instrument—the prisoner was perfectly sober—all he said was that he had never been there before.
CHARLES WOOLNOUGH (Policeman). On the morning of 12th February, I heard the smash of glass, and ran to the corner of Buck-street—I rang up the prosecutor, and went through the house with him—I then went to the dust-hole and there found the prisoner—I asked what he was doing there—he said, "Nothing"—he was under the steps leading from the back-door to the yard, in a heap of ashes, partly sitting up in them; his feet and legs were in the ashes, and he was half covered up with them—he was not the least the worse for liquor.
JOHN CROOM (Police sergeant, S 34). My attention was drawn to the house on 12th February, about 9 o'clock in the morning—on turning over the dust where the prisoner was found, I found this mortised chisel and three wax-matches, which would burn for about half a minute—I found marks up the outside wall, as if the bricks had been scraped, and also on the wall under the parlour-window—on the window-sill I found dirt and footmarks, and on the seat under the window inside—I found a portion of the woodwork of the parlour-door cut or scraped away close by the lock—it was not cut enough to get the lock open—as long as that door remained shut he could not get into the rest of the house.
Prisoner's Defence. Work was bad, and as a person must sleep some—where, I went to this place; the constables very well know that I had slept there before that night; it is a trap laid for me; Mr. Chapman has paid these men for getting it up, and they will repent of it some day; as for the wax matches and things, might they not have been thrown into the dust by anybody?. The words have all been put into the witnesses months by the counsel; I am as innocent as any of you; the candle I was obliged to use in my work, and the matches I use being a smoker.
The prisoner received a good character.
Recommended to mercy by the Prosecutor and Jury on account of his youth and former good character .— Confined One Year.
NEW COURT.—Thursday, March 5th, 1863.
PRESENT—Mr. BARON BRAMWBLL; SIR JAMES DUKE, Bart. M.P. Ald.; Mr. Ald. GABRIEL; and Mr. Ald. WATERLOW.
Before Mr. Baron Bramwell.
MR. ORRIDGE conducted the Prosecution.
ISAAC EXCELL (Policeman, 493 K.) On Thursday night, 12th February, twenty about minutes past 10, I was on duty in Mason-street, Limehouse—hearing cries of "Police!" I ran to the spot, and found a man lying on the pavement bleeding—I left him in charge of another constable, and returned with Dr. Arnold—the man's bowels were protruding, and I got a shutter and took him to the London Hospital, under Dr. Arnold's directions—I afterwards went in search of the prisoner, and found him at 3, New-court, Blue-gate-fields St. George's-in-the-East—the Rev. Mr. Taylor was there, and it was through his mentioning the name, that I went in search of the prisoner—the dying man saw the prisoner brought into the hospital, and said in English, "That is the man that stabbed me"—the prisoner said that he was the man who had done it, not in English; he cannot speak English—Mr. Taylor interpreted what he said—the small pocket-knife (produced) was found on the prisoner.
Cross-examined by MR. LANGFORD. Q. Where did you take the prisoner? A. At 3, New-court, the second time of going there—I took a wrong man the first time—I found a pawn-ticket relating to a coat, dated 12th February—I got it from Emma Sargeantson on the 13th, at the Police-court—she merely told me that the deceased Ahqui went to the prisoner's house on the day of the murder, and took a coat of the prisoner's out of the house; and the thought that ticket, which he brought back and put in the place of the coat, would be of some importance.
THOMAS BELL . I am a hammerman, at 4, Wellington-street, Stepney—on Thursday night, 12th February, a little past 12 o'clock, I was going along Narrow-street, heard cries of "Police!" and not seeing anybody crying, I went on again—when I got further up the street I saw a man passing in a different direction in the road—I allowed him to pass a short distance and he cried, "Police!"—I returned and asked him what he wanted the police for—he pointed to his stomach—I put my hand to his stomach, and my hand was covered with blood—I laid him on the pavement, and cried "Police!" and "Murder!"—I assisted in moving him to the London Hospital—I found afterwards that he was a Chinaman.
MARIA BLUMBERG . I am the wife of John Blumberg, of 1, Gill-street, Limehouse—the deceased Ahqui lodged there a fortnight and a day—the prisoner came there that night, and gave Ahqui a small quantity of silver; it might be change for 1l—it was after the clock had gone 10—he had only been to visit the deceased twice before, and then he did not find him at home—Ahqui put the silver into his pocket, and then Saqui pot his hand into Ahqui's pocket and took some of the silver from him, and that which he did not take the deceased gave him back again, and they went out
together—Ahqui said that he should be home exactly at 11 o'clock, but he did not come back—I next saw him in the London Hospital—there were few hurried words between them in their own language, which I was not able to ascertain.
Cross-examined. Q. You were examined before the Coroner, were you not? A. Yes—I said that there were hurried words; they were the words of quarrelling, and I saw the motions of quarrelling—I said before the Coroner that I thought they were quarrelling, but I could not say positively—Ahqui came to us from his ship.
GEORGE RICHARD ARNOLD . I am a surgeon, of 17, Hertford-place, Commercial-road—on Thursday night, 12th February, at half-past 10 o'clock, I was called to a Chinese on the pavement in Narrow-street—a portion of his intestines were protruding through his clothes—I undid his clothes and found a large wound in his abdomen—I carefully put in the bowels and covered them, had him strapped to a shutter, and removed to the hospital.
JAMES JACKSON . I am house-surgeon at the London Hospital—the deceased was brought there about half-past 10 or rather later, with a wound in his abdomen—the greater part of the contents had already escaped; the intestines were out in three places, and in one place they were nearly severed—it is quite possible that those three cuts might be the effect of one thrust—there was a great deal of hemorrhage, and he died thirteen days afterwards, of peritonitis caused by the wound—there was also a trivial incised wound on the right shoulder—I have heard that the prisoner said he was endeavouring to wrest the knife from the deceased, and he turned it and cut himself—I think that is possible—the wound was three inches and a half long—this knife would not produce it.
Cross-examined. Q. Did he go on favourably at first? A. Yes; the inflammatory symptoms set in about the seventh or eighth day—the fact of the bowels protruding so much, would very likely be from the man's running—I had hopes of his recovery until the eighth day.
MR. ORRIDGE. Q. Were you present when the statement was made by Mr. Selfe? A. The greater part of it—it was on the next day—I explained to the man his dangerous condition, and that he was in a hopeless state—he spoke and understood English pretty well—I thought more seriously of him at the beginning then I did afterwards—the prisoner was present, and what the deceased said was interpreted to him—he had opportunities of cross-examining him if he pleased.
MR. LANGFORD. Q. Was it an interpreter of great skill? A. I do not know that he knew the dialect very well; but he is here.
JAMES HUDSON TAYLOR . I am a Chinese Missionary—on 13th February, I went to the London Hospital to see the deceased, and while I was there Mr. Selfe arrived; the prisoner was also brought in, and there was another Chinaman present—the deceased then made a statement in English, which I interpreted to the prisoner, but not in his native dialect—he is a Canton man, and speaks the Canton dialect; the other was a Tonquin man, and I understood that dialect imperfectly—the deceased complained of not understanding me in two or three sentences, but I continued to repeat untill he assented or denied; but his assent or denial was not taken down—he made replies to every statement, either assented or denied—what the deceased said was taken down in my presence—I do not remember seeing the Magistrate sign it.
taken—I know Mr. Selfe's writing; this is it (Read; "You Ahqui says: I am cook of a ship, and live at 1, Limehouse; I have been ashore fourteen days to-day. I was going in a ship as cook to Shanghai; prisoner was going in our ship as cook; at 9.30 last night I went to prisoner's house; I saw him there; I asked him to come to my house in Limehouse; he said, 'No, not to-night.' I went back to Limehouse, and in five minutes he came to my place; the master of the house, his wife and two children, were there; his name is Blumber; prisoner said, 'Ahqui, you go and buy opium'; I said, 'No, I'll not go, you go yourself; I said, 'It's too late, I've walked till I'm tired, I'll not go'; the master was there at the time; prisoner asked me again to go out at half-past 10; I went with him; we were good friends up to that time; we walked four or five streets, when he said in Chinese, 'God d—you,' and he took a long knife from his pocket and gave me two blosubpœnaed, one in the belly and the other on the left shoulder. I had had no quarrel with him, no angry words, no blosubpœnaed; I ran away from him and called, 'Policeman'; I ran till I fell down; I never was in London before, and I don't know the street, but it was near some water where he struck me; the prisoner is the man. I had taken away a coat from his place last evening; it belonged to me; it had never belonged to the prisoner; I had lent it to him two weeks ago, and I took it back yesterday; he never said it was his coat: he didn't object to my taking it away; I don't know why he struck me; he said nothing; we had been good friends; I have never hindered him from going as cook in any ship; I don't know that prisoner was ever in the Strangers' Home, in the West India-road; the first time that ever I saw him was when he came to my ship; it is a very bad wound; I am in great pain; I don't know whether I shall get well again").
The prisoner's statement before the Magistrate was here read as follosubpœnaed; "It is the first: I have never been in England before; Ahqui has been in England several times; I came in the same week that he did; I came on Tuesday, and he came on Thursday; he came on Saturday and asked me to lend him 2l.; the week after I lent him another 1l.; the third week, Saturday, I lent him another half-sovereign; the fourth week, Sunday, I lent him another half-sovereign; the fifth week he asked me to lend him a watch to go out in the street; he borrowed it, and went and pawned it; six weeks I got discharged from a vessel, and went to the Sailors' Home; Ahqui came again to No. 1, Lime house, and asked me to lend him 25s.; I went to the Sailors' Home and stayed there a fortnight, and got a steamer to take me home; I then went to Ahqui and asked him for the money and watch I lent him, back again; Ahqui said, 'You go home in that steam boat, I've got no money to pay you nor the watch'; Ahqui said, 'I'll find you another vessel to go home to China, then I'll give you back the money and watch'; I said, 'If I don't go home in the steamboat to China, Mr.—will not let me have my luggage to go anywhere'; Ahqui said, 'If Mr.—Won't let you take your luggage, you take it yourself'; I said 'if I move out I've no money to live by'; Alqui said 'You move out I'll give you money to * with.' I left the Sailors' Home and went to the Highway; then Ahqui never came ashore for a fortnight after this, and never gave me any money, and I had nothing to eat; then I went to his vessel and asked him for the money and watch; when I went into the galley to find him, Ahqui went into the cabin and told the captain and first-mate to turn me ashore; I went three times and they turned me out of the ship, and I went to the next vessel; I had no money and nothing to eat, and pawned all my best clothes to keep myself; then I went to the Dockyard to find a vessel
to go to sea, and I found a Chinaman, called Chulau Fak; he introduced me to a captain, and wages as cook at 4l. a month; then Ahqui went to the captain and told him not to have me; he told him I could not speak English, and could not do the work; then Ahqui got my place; Thursday Ahqui came to my home, and asked me to lend him some more money; I had only 4d. in my pocket; I gave him 3d.; he said, 'It's too little'; Ahqui went into the street and came back again; he then went to my room to got a coat to pawn, and took the coat away; I said, 'That coat does not belong to me; he took it, and went and pawned it; I waited till night and get it out again; I waited till 8 o'clock, and then I went to find him at 10 o'clock; I found him in the Highway talking to some girls, and said, 'Ahqui, get that coat,' and he said, 'Very well, I'll go with you'; we walked down the Highway to Limehouse, past the bridge, talking together, and I told Ahqui, 'You don't give me watch or money; you might get that coat back again for me'; then Ahqni said, 'That coat does not belong to you; I'll do nothing of the sort', and struck me in the face; then I struck him back again and knocked him down; then Ahqui got up and took a knife and tried to stab me; I defended myself, and got bold of his wrist and turned it back with the knife in his hand and out his belly; then I saw him fall, and took the knife out of his hand and gave him a stab in the shoulder, the left hand; if Ahqui was not dead, he could prove that it was his knife, and that he bought it before Christmas. Ahqui asked a Chinaman to lend him money; he would not, and Ahqui stabbed him in the arm; that Chinaman went away a month ago; the old Chinaman that lives under the railway arch can prove it; I have got nothing more to say."
JAMES HUDSON TAYLOR (re-examined) The prisoner tells me the can speak no English, but others tell me that he can speak a little—I cannot remember that he said anything in my presence about a knife—there was an interpreter there, but he tried to intimidate the wounded man, and therefore Mr. Selfe requested me to act.
ISSSAC EXCELL (re-examined.) The prisoner never spoke any English in my presence—Mr. Taylor is not the interpreter I alluded to; it was a person who Mr. Selfe thought was too lenient to the prisoner; that he did not speak the truth—the knife I found on the prisoner had no blood on it—I think it was too small to inflict such a wound as this.
MR. LANGPORD to MRS. BLUMBIRG. Q. Was your husband present when Saqui came to the house? A. Not when he came in; he had just finished a piece of work, which he brought up, and went down again to complete his work; he took no notice of him whatever.
MR. LANGFORD called
JOSEPH GAETIN . I am interpreter at the Strangers' Home—the deceased came there in November, 1860, and left the following January; but whether that was the first time he came to England or not I cannot say—he never came into the home again, but he arrived in London at the latter end of November—the prisoner first came to England about the same time—he came to the home on two occasions, and brought a large box with him, with good clothes and a watch—he was not in want of money; he paid 30s. deposit at our house—Ahqui acted as interpreter for him—the deceased came to the home with the prisoner on 13th December, and ten days after he had been in our establishment, he said that the prisoner had got a ship the Rutland, which was about to leave the Victoria Docks, and he wished to leave immediately—it was too late then to pass into the docks, but he received a letter to pass him in, and they both left in a cab—I found that
statement to be false, for the Rutland was in dock for a month afterwards—the deceased was, I should think, a man of doubtful character—I generally found him in opium-rooms and brothels—he seemed to be hanging on to the prisoner.
The prisoner received a good character.
NOT GUILTY .
488. WILLIAM GOODLAND was again indicted (see page 581) for breaking and entering the dwelling house of John Plane Crowder, and stealing therein 2 watches and other articles, value 32l 15s., and 40l in money.
MR. HORRY conducted the Prosecution.
JOHN PLANE CROWDER I am a porter, of 4, Bath-street, Bethnal-green—on 2d February, about 6 o'clock, I went out, leaving in a cheat of drawers two silver watches, fifteen silver spoons, two shawls, and other articles, also 40l. in gold belonging to my sister—this (produced) is one of the watches—it has my name in it, and was hanging over the bed when I left—I came back at 10 minutes past 8, opened the door with the key, found the drawers broken open and ransacked, and everything in confusion—all this property was gone—I opened the front door with a key, and found the back door wide open, bat no signs of breaking.
GEORGE HARDING . I am a willow-cutter, of 6, Nicholl-street, Bethnal-green—on Wednesday, 11th February, I received a communication, in consequence of which I went to the House of Detention and saw the prisoner—he asked me if I could bail him out—I said, "No"—he asked me if I would lend his wife some money on a watch if she brought it to my place—I said, "Yes"—next day his wife brought me the watch produced, and I gave her 22s.—I afterwards delivered it to Dunnaway, the policeman—I asked the prisoner if the watch was a stolen one—he said, "No"—the prisoner said before the Magistrate that everything I said was true—I do not recollect his saying anything about purchasing it.
Cross-examined by MR. PATER. Q. Had you doubts at the police-court whether it was the watch? A. Yes, because it was at a distance from me, but afterwards I said I had every reason to believe it was the same—I did not open it when the woman gave it to me, and did not see it open—I have every reason to believe this is it.
SAMUEL MADDISON (Policeman, 13 K) On 2d February I went to the prosecutor's house, and found the first-floor front-room broken open—I found this jemmy there—it is similar to the one in the former case.
PORTER WILLIAM DUNNAWAY (Policeman, 129 H). On 8th February I was taking the prisoner to Worship-street Police-court; he spoke to his wife, or the person he calls his wife, and said, "Whatever you do, take care of that watch"—I watched about the House of Detention, and saw Harding, who afterwards gave me this watch—I knew the prisoner's residence, it is about half a mile from there; he had only moved into that neighbourhood about a week—the prisoner said at the police-court that it was his watch, and he directed his wife to take it to Mr. Harding to get the money lent on it; that he bought it, and gave 22s. for it, of a man in Petticoat-lane, named Morriss Abrahams, who could be found if they liked to look for him I think he said, "On Thursday last," but am not certain.
Cross-examined. Q. How long after the robbery was the prisoner taken? A. The robbery was on the 2d., and he was taken on the 7th.
The prisoner's statement before the Magistrate was here read as follosubpœnaed: "I have no more to say than that I bought the watch of Morriss Abrahams."
respecting Abrahams in Petticoat-lane, and can find no man of that name—the only Morriss Abrahams I can find is the proprietor of the Effingham Theatre, Whitechapel-road, half a mile from Petticoat-lane, and he does not deal in watches.
GUILTY** of receiving .—He was further charged with having been before convicted at this Court in November, 1860, in the name of William Bell; to which he PLEADED GUILTY.— Twenty Years' Penal Servitude.
THE COURT awarded 5l. to Thomas, and 40s. to Cole.
MR. O'CONNELL conducted the Prosecution, and the evidence was interpreted to the prisoner.
HENRIETTA ELEANOR ELIZABETH METZE . I am the prisoner's wife, and live at 7, Vincent-square, St. George's-street—on the night of 1st February I was at the Bremen Flag public-house—the prisoner came in and asked me to come outside—I said, "I cannot just now"—he had something in his hand, which he poured over the left side of my face and went away—I felt a burning sensation, and went to the hospital—the prisoner and I have not been living happily together even when we were first married, he had no work, and I was obliged to go into the streets for support when I had not been long with him.
Prisoner. Q. Did not you go out with another man the first Sunday after we were married? A. No—I did not try to get you away from the Bremen; I told you to go to an American ship, where you could earn more money.
JANE CONWAY . I lived at the Bremen Flag for three days—I was there on 1st February, when the prisoner came in and asked his wife several questions, which I did not understand; and then he took a phial from his pocket, took the cork out, flung the contents over her face, and ran out instantly—she ran into the road, and was jumping about with pain, till she was taken away—I was near her, but as I saw the cork coming from the bottle I threw myself back, but some of it came on my dress; my skirt and sleeve were burnt completely asunder.
Prisoner. Q. Do you mean to say that you saw me take it out of my pocket, or did a woman give it to me? A. I did not see either, but I saw you take it from under your coat.
Prisoner. My wife wore a piece of fur on her breast, which she got by prostitution in Germany, and I intended to burn that; somebody proposed first to give me a knife to out it off; I thought that was not the thing, and then they gave me this phial to do it with.
SAMUEL RICHARDSON (Policeman, 219 H). I took the prisoner on 1st February with a woman on his arm—I had received a description of him—I told him, he was wanted for throwing a quantity of vitriol over a young woman now in the hospital—he said, "Not me; this is my girl"—going to the station, he took something from his pocket—I said, "What have you got there?"—he said, "My handkerchief; I take snuff"—he then took a stone from the corner of his handkerchief and threw it into the road.
Prisoner. That is not true.
JAMES JACKSON . I am house-surgeon at the London Hospital—the prosecutor was brought there on the night of 1st February very severely burned by some corrosive fluid, which had been thrown over her face and neck—I did not detain her in the hospital—she did not recover very soon.
The prisoner stated, through the interpreter, that his wife was always provoking him, holding up the fur in his face, and saying, "Through you I never should have got such an article," and that, being under the influence of liquor, he allowed a woman to get him something to get the fur off.
GUILTY of intending to do grievous bodily harm.—Recommended to mercy by the Jury on account of the provocation .— Five Years' Penal Servitude.
No evidence was offered.
NOT GUILTY .
491. ISIDORE BLANCO (23), JOSE BAJADERA (24), MANUEL MARCHAM (22), FRANCISCO MARTINEZ (31), and IMEE PARALEO (22) , Feloniously cutting and wounding Charles McCarthy, with intent to do him some grievous bodily harm.
MR. DICKIE and MR. IGNATIUS WILLIAMS conducted the Prosecution.
The evidence was interpreted to the prisoners.
CHARLES MCCARTHY . I live at 8, Queen-street-place—between 12 and 1 on Friday morning, 30th January, I was in the Silver Lion public-house, Poplar—I came out with George and John Mann, and bade them goodnight at the corner of Mary-street—five or six foreign sailors came past; Blanco and Paraleo are two of them—a piece of bread was thrown at me which hit a young man in the face, who said, "What is the meaning of that" and threatened to lock them up—the man halloed out to me, "Look out, Charley, they have got their knives"—the man then ran away, and they all ran after him—I tried to run, but had not the chance, for Blanco stabbed me on the arm—I saw a knife in his hand by the light in a coffee-shop window, which was open—Paraleo then came and stabbed me on the back part of the thigh, as I was making my way into the coffee-shop—I fell against some shutters—I saw Paraleo about an hour afterwards at the nation-house, but did not see Blanco till the following Friday week.
Blanco. All that the witness says is false, I have not touched a knife for the last five months, not since I have been ashore; I threw mine overboard. He asked me whether I was a Spaniard or an Englishman; I replied, "I am a Cherino." Another man, Francisco, who was a little intoxicated, said, "I am a Spaniard." He was cutting a piece of bread. The witness spoke to him, and Francisco said, "What a fine mark I have!" and threw the bread at him, to show how well he could hit him, and walked with me down the street. The witness followed Francisco and hit him on the head with something, I cannot say what; and caught him by the shoulder and began to stab him. Witness, That is not true; you are the man that stabbed me, not Francisco.
Bajadera. I was in the street with my shipmates, and the police ran after us and took us to the station; they searched us, but found no knives or daggers.
Marcham. I came out of the Spanish boarding-house with Martinez, Blanco, and Francisco; there were three others behind them, about twenty yards apart; Francisco was a little intoxicated, and was making a noise. We heard some person shouting "Police 1 and Blanco came running after us; the policeman laid his hand on me, and I have had a month and six days' imprisonment, and do not know what it is for. Witness, Some were not ahead of the others; they were all together.
Martinez. I saw my two friends taken, and followed behind to know what
the charge was, that I might tell the commander of the frigate where they were; but they looked me up.
Paraleo. After 12 o'clock I was by myself, going to the dock-gate. The second commander knocked at the gate, the policeman opened the wicket, and we both went in together and went on board. After I was asleep Francisco Leman came alongside my bunk and said, "I have my head all split; I have had a frightful row on shore." In the morning he had got the hair off his head, and had shaved his whiskers, leaving his moustache on; he hid himself in the hold, and no officer knew that he was on board. He had a pair of easy boots on, and a blue sailor's shirt. He took them off and put on a dress-coat, black-cloth trousers, and light boots, and went ashore, and I have never seen him since. Seven days after the police came on board, and I went and asked the commander whether I went on board with him or not. He said that I did. They asked the prosecutor whether he knew me or not, and he said, "I do not know, I think so." Witness. I noticed as he walked up and down that he was knock-kneed—I was not uncertain; I saw his face before he ran away—he owned that he had shaved—(The gaoler examined the prisoner, and stated that he had never been shaved on the checks and had never had whiskers)—the second man who stabbed me had whiskers on his chin—he did not wear a moustache on his upper lip, only on his chin—when I saw him at the station he had been fresh shaved—anything besides a moustache I call whiskers.
GEORGE MANN . I am a labourer, of 6, Barnes-street, High-street, Poplar—on 30th January I had been to the play with my brother and McCarthy, who lives two or three streets from me; as I shook hands with him and bade him good-night, something came past my ear and struck my brother—I turned round and saw five or six men—I called out, "Holloa, what is that for?"—my brother's head went against the wall, and he called out, "You vagabond! if there was a policeman, I would have you locked up"—the three middle prisoners followed us, and I said, "Look out, Charley, they have got knives"—Bajadera and Marcham had knives, and I was running Marcham made a stab at me; but it went over my shoulder, and went in to the shutter, I think—I called out "Police!" and heard McCarthy call out "Oh, George, they have stabbed me!"—I went to him; he was lying on his side wounded.
Martinez. Q. You cannot say you saw me run at all? A. Yes; three of you started after me, and one broke away and ran after my brother.
COURT. Q. You did not say before the Magistrate that the second man had a knife in his hand? A. I am positive he had a knife—two of them came after me with knives—I saw the first four prisoners at the station—there was another man that night, but I cannot identify Paraleo.
COURT to CHARLES MCCARTHY. Q. You said that you saw Paraleo at the station? A. I thought that was his name, but I did not see him; I meant Blanco.
JOHN MANN . I am a brother of the last witness—I was at the corner of Mary-street about a quarter to 1—my brother was bidding McCarthy good-night—there were six or seven men there; one of them was eating something, which he threw at me, and hit me on the forehead—I saw Bajadera at that time—I saw nothing done to McCarthy—I picked up this sling shot (produced) close against where McCarthy was stabbed.
Blanco. I can take my solemn oath that that shot belongs to Francisco; I stood several paces behind Francisco, with my arms folded, and a pair of boots in my hand. Witness. He had some boots in his hand at the station house.
Bajadera. If he says he saw me it is untrue.
BRIDGET FITZGERALD . On 30th January I was coming from a music-hall with two other girls, and heard screams of "Murder!"—I saw Bajadera running—a young Englishman on the other side, who has gone to sea, ran over and said something in their language which I could not understand—Bajadera threw a knife over his shoulder as soon as the young man seized him by the collar—I picked it up, and gave it to the constable.
Bajadera. It is false; I will take my solemn oath I never had a knife: where did you see me? A. Running down Pomeroy-street—I am sure you are the man—I saw you next morning within twelve hours—I noticed you because you had a comforter round your neck, and a hairy cap—the man held you till a constable came, and I saw you while you were being held, and also next morning at Arbour-square, and am certain you are the man.
WILLIAM BEAUMONT . On 30th January, I picked up this knife at the corner of Simpson's-road, the same morning that the man was stabbed—I gave it to a workman, and my master's son took it to the station—there were no marks of blood on it.
Paraleo. Q. You did not see me with a knife? A. Not on that occasion—I cannot say that I never saw you with a knife—I let you in with the second officer—I refused to let you in at first, and then the second officer came.
COURT. Q. They did not come together then? A. No—the gate is half a mile from where the man was stabbed—I did not see him come up—I was inside in the office—he was out of breath, and very much excited—I did not know that he belonged to the ship—he had a little hair under his chin, I cannot call it a beard, but more than he has now—when I took him in custody, one of his mates said, in his presence, that he had shaved since he came on board, and he said something in his own language—I remarked to the officer that he had been shaved at the time he was taken—I can pledge myself that he had less hair when he was taken—he was close shaved about the chin, and he had just been shaved—when he came to me he had a sufficient quantity of hair to be visible—the vessel has not sailed.
JOHN HOLFORD . I keep a coffee-shop at 223, High-street, Poplar—on 30th January I was closing my door, and heard a cry of "Murder!"—somebody said, "Stop, they have stabbed a man"—I saw Blanco and, I believe, Paraleo running—I jumped and caught Blanco; he had a pair of boots—Paraleo ran away.
Blanco. I did not attempt to run. Witness. You were running—the other prisoners came up, five altogether—then Maroham had his jacket across his shoulder—Martinez had his off and across his shoulder—he did not want any taking, he followed us—he can talk English almost as well as I can, I believe—I noticed that Paraleo had a small bit of an imperial, very small—they offered no violence, because the constable put cuffs on directly.
Bajadera. Q. Can you say you saw me? A. Yes—you were not running very fast, it was a sort of a jog; it struck me that you had been running.
Martinez. Q. Did you see me before them, or was I walking behind them? A. You were the last one that came up—you did not run; you came up very quietly.
Paraleo. Q. Did you see me? A. Yes; and I went on board the ship on the following Friday—all hands were brought up one after another, and when you were brought up, I said, "That is the man"—I did not say at the police-court that I thought it was you; I said that I firmly believed it was you—all the men were shown to me except you, and then I asked the lieutenant to show me the man that the man of the gate showed him; and I said, "That is the man, but ho has shaved his little beard off"—the commander would not hare shown you to me if I had not put the question.
THOMAS HAVILL (Policeman, 385 K). On 30th January, about a quarter or twenty minutes past 1, I heard cries of "Police!" and "Murder!"—I proceeded to the spot, and saw all the prisoners—there were seven men altogether; five were close together, and were running; the other two were behind, and were walking sharp—I stopped Blanco and Marcham—Bajaders was stopped by a civilian—I received this knife (produced) from the female witness, and I got this other knife at the station—none of the prisoners had knives when they were taken—I went on board the Aricka next morning; it is a Peruvian Government transport—when I took Paraleo, I asked him to go and put his coat on—he did so, and was immediately apprehended by Holford—I told him it was for stabbing a man in High-street, Poplar.
Paraleo. Q. When you went on board the second commander asked the interpreter whether you were going to take me prisoner, and the interpreter said, "No." Witness. The question asked me was whether, when I had taken you to the station, I should let you come back again—every difficulty was thrown in the way by the commanding officer—all hands were pretended to be brought up, but you were not brought up.
MR. WILLIAMS. Q. Did you make any remark about his beard? A. I asked him, through the interpreter, whether he had not shaved; and the answer was, "Yes, but only six hairs"—I saw him on the morning of the occurrence going up Cottage-row—he is the one that ran last.
Blanco. Q. Did you find any knife, or see any blood on me? A. No.
MATTHEW BROWNFIELD , M. R C. S. I live at 3, Eascott-place, East India-road—I was sent for to the police-station, and found the prosecutor suffering from two wounds on the right arm, and one on the right thigh; they were not dangerous—either of these knives would inflict them—the deepest was about half an inch deep, and an inch and a half long—they were not given with very great violence—there was no bone to stop them from going deeper; they were quite in the flesh—it is not a sharp instrument, but it went through the clothes—I think it was done by a quiet job—if there had been a great deal of violence used, it might have gone through the flesh—the wounds in the arm were about the same, but they were not in dangerous parts.
The prisoner's statements before the Magistrate were here read at follosubpœnaed—"Blanco says; In the morning of this occurrence, I was coming down the road, and some one came and said, 'Are you Chilian or Spaniard? I said, 'I am a Chilian.' After me was coming Francisco, who is on board the Aricka. Some of the men made a faint noise with their mouths at me and then the men began to cry out 'Police!' but I did nothing at all. Francisco was coming along, eating bread, and was wild that they made such a noise at him, and threw the bread. It was very dark, and some one cried out, 'Oh my God!' Some of them came and gave Francisco a blow on the head, and knocked him on the ground, and I was surprised. I had no knife, and I have witnesses to prove that I walked about without a knife and that I had only a pair of slippers in my hand on that occasion. Francisco
had a knife, eating bread, when he was knocked down; and when on the ground, he pricked the man that attacked him with the knife. I saw him stab him. I am sure it was Francisco. I have been only aboard a day and a half, and do not know his other name. Bajadera says: I was walking with my comrades, and talking in our language. Twenty paces behind us somebody was running, and we heard voices cry 'Police!' and did not take notice, and they began following us up, and we were taken in custody. We gave ourselves up. Marcham says: I left my lodging-house, in the Highway, with two of my companions, Bajadera and Martinez, and behind us was Francisco, who was very sick, drunk-sick, and Francisco was making a noise. As I wanted to get aboard, I was in front, no great distance off, and heard cries of 'Police!' and Blanco came up and joined us; and the police came up and caught hold of me and Blanco, and we went with them; I had no knife." Martinez says: I know no more of it than what Marcham has said. Paraleo says: I left the dock to visit the public-houses, and came up to the dock-gate, and after me the second commander. I had nothing to do with the affair. I went with my commander aboard. There is a man named Francisco aboard; and while I was lying on my bunk on the Friday morning, with his head broken, and his clothes covered with blood."
Blanco's Defence. I have not carried a knife for the last fire months; the last I had I threw overboard. I know nothing about it; it was not me; it was Francisco. One of the sailors told me at the police-court that Francisco said he stabbed the man three times. On the night this occurred Francisco went ashore, and slept at the house of an Italian in the Highway.
BLANCO and PARALEO— GUILTY of unlawfully wounding.
— Confined One Year.
BAJADERA, MARCHAM, and MARTINEZ, NOT GUILTY .
THIRD COURT—Thursday, March 5th, 1863.
PRESENT—Sir JAMES DUKE, Bart., M.P., Ald.; Mr. RECORDER; and Mr. Ald. GABRIEL.
Before Mr. Recorder.
MR. METCALFE conducted the Prosecution.
ELIJAH REYNOLDS . I live at 15, Susannah-street, Poplar, and am a bolt, nut, and rivet maker—I was working for Messrs. Westwood and Bailey—I had not been in their service above a fortnight when I was first told of this matter—Joseph Davis first spoke to me about it, as I was going home from work—he said he did not know how it was Rosser was getting more money than he, although he had a better job than Rosser; that there was a deal of work being reckoned for that they never made—I asked him how he knew it, and be said he had 1 cwt. put on for him by Seagur the week before, that he bad not made; that Seagur was putting in for them, and since he had the 1 cwt. they would not do any more for him; they stopped him from having any more, and that Ned Davis and Rosser were sharing the money—I went to Ned Davis a day or two after—Seagur, after I had spoken to him, went with me to Joseph Davis, and said to him, "Didn't I pay you for that
1 cwt. that they put in for you?"—Davis said, "Yes"—Seagur said, "What have you got to tell lies for? You have told a lie by saying that I would not pay you, and would not let you have any more"—I went to Rosser in a day or two, and told him that a man had told me in the London Tavern about what game they were carrying on in robbing the firm—he denied it—I did not want to tell him that Davis had told me; I told him that a stranger had told me—then he said, "I think that little rogue Seagur has been and split about it; now I will tell you all about it"—then he said that they put in as many hundredweight as they possibly could during the week, and shared the money between the three (Ned Davis, Seagur, and Rosser), and they would not let Joe know anything about it—I asked him how they were doing the iron; I said, "Why, you will be found out about the iron; they will be sure to find it out; you had better leave it off"—the iron is weighed out and weighed in again, and they are sure to know—if they get 4 cwt. of iron they are expected to return 4 cwt.—he said they could not detect them; that if the foreman gave an order for 5 cwt. they only took 4 cwt. out, and used to say they had the full amount out—he said, "I have to take little weights, such as 2 or 3 qrs. odd, and I lose a deal of time;" and when they could not take little weights he said they used to alter the figures, make ones into twos—the next I heard was in the Manchester Arms; I saw Seagur, Rosser, and the two Davis's there one night—Ned Davis gave Seagur 6d., and then Rosser gave him 6d., and then the elder Davis gave him 6d.—as we were going home I asked Joe Davis what those sixpences were for—he said, they gave it to him to make it all right with him; he did a little for us, but he don't do any for me now since that I cwt.—some weeks after that I was present at the London Tavern on a Saturday night, and Rosser, Seagur, and the two Davis's came in again, and asked me to go and have a share in a pot of ale—I was out of work then—I went with them, and Ned Davis said, "What do you think of that little rogue Seagur? he has been trying to get these chaps to have a lot more rivets put in, as I have not been having enough put in for him"—Seagur said, "You need not be afraid, for I have done many a gross of bolts and nuts for Ned Davis"—after that Rosser said to me, "I will just show you what a mess that Charley has made of a number two in my book"—they have a book to keep their own accounts in, as well as the storekeeper's book, to see that they tally one with the other—he was going to show it to me, but he said, "There are too many about; I won't show it to you now;" and he put it back again, and I never saw it—after that they all three told Seagur that if he did not go out they would chuck him in the ditch; that they would not give him any money that night—presently Seagur went, and I heard no more of it that night—I communicated this to my employers a good while afterwards—I told Mr. Bailey about a week, I think, before the inquiry before the Magistrate—I met him coming from the factory to the railway, and told him of my own accord.
Cross-examined by MR. BESLEY. Q. When did you first go into Westwood and Bailey's employment? A. About six weeks before Christmas, or something like that, and remained till about a week or fortnight after Christmas—one of the conversations I have spoken about took place when I was out of work—I was at work for Westwood and Bailey when the conversation at the Manchester Arms took place—I was not working for them when I told Mr. Bailey about it—I did not get employment there after telling him, until about a fortnight ago—I told him that I was out of work, and could not wait about; that I should have to go into the country, and he said,
"Well, I will find you work for the purpose of stopping till this job is over"—I did not ask him for work then, nor when I met him coming from the factory—I had not asked his foreman for work before that time—I had not been in any work at all between leaving Mr. Bailey's and going back there again—I did not tell Mr. Bailey on that occasion that the foreman was a thief; I told him a trick that he had done; that he sold Ned Davis a pair of shoes, and credited him with the money three weeks, and when he could not pay him he raised his wages 6d. a day for that week to pay for them, and then he took it off again, and he said there was no one like Davis in the shop; that is all I told Mr. Bailey about the foreman—Mr. Fairley is the foreman—I am at work at Mr. Bailey's now, and Mr. Fairley is still foreman—the last place I was at before Mr. Bailey's was Mr. Dudgeon's, the shipbuilder's—I had not been out of employment four or live weeks before Christmas—I left one place to go to the other—the conversation I had with Joe Davis going home from work was while I was working for Mr. Bailey—that was about a month before Christmas, when I had been there about a fortnight or so—I live in Poplar, and he lives in Limehouse, and we both had to come the same way—some scores of Mr. Bailey's men live in the same direction—there were only our two selves walking together on this occasion—we did not want any one else to hear us—if we met together at the gates we used to walk home together—sometimes it would be about once or twice a week that we went together—I was present when Ned Davis asked Joe Davis whether he had paid him for that 1 cwt., and he said he had—the conversation with Rosser which I have mentioned occurred a day or two after that; it was in the workshop; we work next to one another—about twenty men or so are working in that shop, I daresay—the whole of the conversation with Rosser was there—it was impossible for any one else to hear it; we were all six or seven yards apart, and Rosser and I were close together; and there is a large fan at work in the shop, so that they could not hear it—it was during working hours—a foreman is present all day—we ceased working during the conversation—we work by piece-work, and we often have a rest—it was before Christmas that I went to the Manchester Arms—we were in the public parlour there—I do not believe any one was there but the two Davis's, Rosser, Seagur, and myself—I saw Seagur given 6d. by each of them—nothing was said in the room about what that was for—going home I asked Joe Davis what it was for—I did not ask either of the others—Seagur said before the Magistrate that the sixpences were a return of borrowed money—it was after that interview at the Manchester Arms, and before I went to the London Tavern, that I left my employment—I was not discharged—Mr. Fairley told me he was Black of work, and that I should have to look out another job at the end of the week; and at the end of the week he asked me to stay, but I would not—he did not give a different reason for my leaving—he told me if he had work he would keep me on as long as I liked to stay, and that if I liked to call at any time he would take me on—he said that he should not employ me, as I was too great a scamp—he never made any complaint against me—I know two persons named Belcher and Gregory—I did not send them to Joseph Davis, offering to stop away from this trial if he would give me a sum of money—Mr. Fairley has said that I lost a deal of time at my work—he has not complained to me while I was there of my mixing my day-work with my piece-work, and defrauding my employers—he has done so since this has been going on—he came up before the Magistrate and wanted to say so, but he never paid me for piece-work at all.
MR. METCALFE. Q. Did Fairley ever make any charge or complaint until these proceedings were commenced? A. No—he was called before the Magistrate on behalf of the prisoners—Belcher and Gregory asked me if I would go away and not speak against Rosser, but lay it all on Ned Davis, who had got away—I did not agree to do that, or I should not have been here.
JOHN HAWKINS . I am storekeeper to Messrs. West wood and Bailey—Seagur was assistant-storekeeper, under me—Davis and Rosser were rivet-makers in the same employ—Edward Davis was generally making bolts and nuts, but in the same department—these men would bring an order from the foreman for, perhaps, 4 or 5 cwt. of iron for each man to go on with his work, and then the iron would be taken from the store; not all at one time, but, perhaps, part at one time and part at another—having got out 4 or 5 cwt. of iron, they would make their rivets, and then they had to bring or send them down to me, and I should weigh them and book them for them, as they were working by piece-work—Saturday was pay-day—our week ended in the Wednesday night, and commenced on Thursday morning—from Thursday to the following Wednesday I should book the weights which come in on each day, and add up the totals which come in at the end of the week, and so make out the amount for them to send into the office to the pay-clerk—this book (produced) is in my writing—the person to whom I give the account would go to the pay-clerk and receive the money—the book in which I enter the weights is kept in a little office in the store, not under lock and key; it is merely laid down with other books—I should not always be in that office; I should be away at meal-times; I live just by—Seagur's duty was to do anything that was required to be done—he had access to the room in which this book was kept—this original entry of 13th November is in my writing—I believe the entry of the weight of rivets, bolts, and things on that day to be 111lbs. it is now 211lbs.—it was not altered by me—the original entry on 21st November is 1 cwt. 2 qrs. 14lbs.; it now appears 2 cwt. 2 qrs. 14lbs.—that alteration was not made by me—the original entry on 24th November was 1 cwt. 2 qrs. 14lbs. the 1 cwt. is now altered to two—that was not altered by me—none of these alterations were made by me—on 1st December the original entry is 1 cwt. 0 qrs. 13lbs. it is now 2 cwt. 0 qrs. 13lbs.—on 6th December the entry was 1 cwt. 0 qrs. 12lbs.; it is now 2 cwt. 2 qrs. 20lbs.—on 3d January it was 1 cwt. 1 qrs. 20lbs.; it is now 2 cwt. 2 qrs. 20lbs.—I believe in several places where there were quarters a 1 has been added, but I cannot positively several to them—I think that the figures I have spoken to are not my writing—I used to com pare their book with mine on the Thursday morning before the pay came ON—I had to make a daily entry in my book—I did not compare theirs daily with mine—I should not get it above once or twice a week—I add up the whole sum on Thursday morning, and place it on the book to send it into the office—I did not observe the alterations when adding them up—they go into the totals—I then enter the totals into this book (produced) to be taken to the pay-office—the person who is to get the money brings his book, and I see that his and mine correspond—he does not take this book to get the money; he takes a book that lie keeps, or a piece of paper—when an in order for iron is obtained from Fairley, I should see some of it go out at times, and when I was not there Seagur would.
Cross-examined. Q. I believe you have been a long time in the service of this firm? A. About four years last October—this book does not contains all the entries of those four years—I have had nothing to do with the iron
till last October—I was storekeeper in another store—Edward Davis Was in the employment when I took to this department—the other men came just when I went into that department last October; I did not know anything about them before that—Edward Davis was a kind of head-man amongst them, the contractor—when Rosser and Joe Davis came, the foreman told me the work would be carried on, and Ned Davis would be a sort of foreman amongst them; the work would be all put down to his name, and the account made out in bit name—that was continued for about five or six weeks, and then there was a dispute amongst them—I should say Edward Davis was there at the time of these figures being altered, which I have pointed out—the account was made out in his name then—there would be a paper to show the amount of rivets brought in, after taking out the iron—that paper would not be left with me, they would take it away with them—I take the entry from my book and put it into theirs—it gets into—my book from the actual weighing—I won't say but what I may have made an error sometimes, and had to alter it—I am positive that the alteration on 13th November was not made by me—I am positive about those figures which I have spoken of—I cannot speak as to what the weights were but I see the figures are altered, and I know it is not my alteration—there are other figures altered in this book which I do not believe I ever altered, but I could not swear to them—I cannot point to any in particular that I have altered—here is one on 26th November that has been altered; I think I altered that—the summary which I made from the book I carried into the office to the pay-clerk—the entry in the cash-book is made from the summary—the weight of the iron is generally put down according to the order not exactly as it goes out—as the order comes in from the foreman, for perhaps 5 cwt., there is generally an entry made of what iron has been ordered from the foreman, and then perhaps they may take out a couple of cwts., and then three—Edward Davis, the chief man, would not bring the order from the foreman; Rosser, or any other of the men, would bring it—it would not be in Edward Davis's name; it would be ordered out for the job—the men would draw small quantities till the whole amount of the order was out—they would not have any books showing the weights—of the iron—we should know when the amount of the foreman's order was—exhausted—I should not be always in the office, but Seagur would be there; and they would come and have their iron, and they would say, "We have had out that 5 cwt." and then they would bring another order—I should not say them that it was all out; they would say so to me—I did not keep an account exactly as they had it out; the account was kept from the order as it came from the shop—sometimes I have told the men I would let them have a cwt. on credit, and that they were to deduct it from next order—the rivets which came in were entered against the iron which went out—no deficiencies of iron brought back, as against the iron given out, would appear in this book—the office was open while I was away at meals—Seagur would have access to it; he was always there, and took his meals there—he had a little fire there—other people could go out besides him; he might come down while I was away—I have I heard that Edward Davis is cousin to Joseph Davis.
ALFRED WHITE . I am pay-clerk to Messrs. West Wood and Bailey—one of the men employed to make rivets presented an order each week to me for their money, which was paid by me—Edward Davis presented the order for the week ending 26th November; that includes November 21st and 24th—I Paid him 6l. 6s. 8d. that week—the weight is 1 ton 12cwt. 2qrs 23lbs.
—this is the weight in this book—that includes the work of the two prisoners Davis and Rosser, not Edward Davis; he made bolts and nuts, and there would be another entry for that; this entry affects rivets only—Ed. ward Davis received their money, and his own also, for bolts—supposing these two "1's" to have been altered into two "2's," the excess is 5s. 6d. or 2s. 9d. per cwt.—the amount for the week ending 3d December is 5l. 19s. 4d. paid to Edward Davis for his own work, and the prisoners'; the weight corresponds with the entry in this other book—the excess received is 2s. 9d. on December 10th the weight is 15 cwt. of rivets; that includes the altered item—the excess there is 1 cwt. 2s. 6d.; the rivets in that case are 7/8 rivets—on 10th December I paid Joseph Davis for his and Rosser's work only—on 7th January I paid to Joseph Davis, for 12 cwt. and 18lbs., 2l. 2s. 6d.; that includes the excess of 3d January, 1 cwt., 2s. 9d.; the weight is 16cwt. 27lbs., 2l. 4s. 8d.; that includes an excess of 1 cwt. paid to Rosser—I have contrasted the amount of rivets and bolts and manufactured articles with the amount of iron purchased—this paper (produced) is copied from the invoice—the iron purchased is 4 tons less than the rivets paid for—there is an excess of the manufactured article.
Cross-examined. Q. Is there any deficiency of the weights of the iron weighed out and the weights of the iron brought home? A. I cannot say; 1 have not examined the books to see—Seagur has been, I think, about six months in the employment of the firm; he was in their employ before that as stores keeper—we have always believed him to be honest and straightforward—Rosser has worked at our place on and off for five years—we have not heard or noticed anything against his honesty, and the same with regard to Joseph Davis and Edward Davis, who have been there about the same time-was have been seeking Edward Davis, and have not found him—William Fairley is not here; he is still in the employ of the firm—he has been in the service a long time—the only excess paid into Joseph Davis's own hands was 2s. 9d.; he was paid that by me, on a copy or analysis of Mr. Hawkins' book—there was only one 2s. 9d. in excess paid into Rosser's own hands—the rest was paid to Edward Davis, except that of 17th December—I can not say in whose work the excess appeared on 10th December—Davis drew for Davis and Rosser; it occurred in one of theirs, but I do not know which—it is not in the work of Edward Davis on that date.
SIMON RALPH (Policeman, K 24) The prisoners were given into my custody on 5th February—the charge was told them in my presence, and was read over to them by the serjeant as well—they made no presents and it searched for Edward Davis, but he has absconded, and I have not been able to find him.
MR. BESLEY called
THOMAS BELCHER . I am a bolt and nut forger, and work at the Admiralty Yard—I have known the prisoners Rosser and Davis since they were—I have always known them to be industrious and sober, and very honest.
Cross-examined by MR. METCALFE. Q. Did you go to Reynolds since these matters have been going on? A. No; be came to me one day at the Admiralty-yard as I came to dinner; I did not go to him—some one with me when he came to me—I do not know why he came to me—I never offered him money if he would go away and leave this case—I did not say that he could have money—he came to me and told was sorry for what he had done, and if they gave him 2l. go away—I said, it was no business of mine—he and mates for years—he said, "I have got a summons to appear appear against those chaps I am vexed with what I have done; if they gave me some money would get out of the was" that was on the Thursday after it was tried the
first time—he came to me, knowing me, and knowing that I knew those chaps I know the William the Fourth beer-house—I have been there several times; I was there last Monday—I did not take off ray coat and threaten to thrash Reynolds if he came up as a witness—I never spoke about the concern at all—he did run out of the house and call the police, but that had nothing to do with this case: some other man and he fell out over dominoes; they call the other man Rush for a nickname—I do not know—his right name—he is not here—Rush and Reynolds were going to fight; I do not know why they did not—instead of that he ran out and called the police, and Rush ran after him—that was before any blow was struck at all—I never threatened him that if he came up as a witness he would be beaten by me, nor did I hear anyone else threaten him—I knew on Monday that he was coming up; I have known it all along—nothing whatever was said about out the trial then.
COURT.Q. Was Gregory the person with you? A. Yes, when he mentioned about the money.
Rosser and Davis received good characters.
SEAGUR.— Confined Twelve Months.
DAVIS and ROSSER— Confined Nine Months each.
MR. PLATT conducted the Prosecution.
FREDRRICK ALLEN . I am a tailor, of 2, Queen-street—about a quarter to I on the morning of 4th February, I was in Sydney-alley, Soho, and saw the prisoner and another man coming towards me; the other man was about six yards in advance of the prisoner, and directly he passed me he turned round sharp and caught hold of my throat—he held me tight round the throat with both his arms—he did not hurt me much—directly he had got me the prisoner stepped up and struck me a very hard blow in the eye with his fist—I called out, "Murder!" "Police! and Police!" and while I was hallooing the prisoner tore out all my things, and snatched at my watch-chain and broke it in two—I had no watch—he got about four inches of the chain, and the key—the other man let me fall back after I had hallooed, and I came to the ground—they both ran away together till they came to the end of the alley, and then one went to the left and the other to the right—I got up instantly and pursued the prisoner, who was stopped by the policeman in my sight—I did not lose sight of him at all; I am sure he is the man—he had got about twenty yards when he stopped.
Cross-examined by MR. DICKIE. Q. Where had you been? A. At 5, Leicester-square, a public-house, about two or three hours; I do not think it was four or five hours—I had had a glass of ale—when I went to the station I charged the prisoner with striking me in the eye and tearing my watch-chain from me; no, I do not think I mentioned anything about my watch-chain; I charged him with an assault—it was the next day that I charged him with stealing part of my watch-chain—the inspector took the charge; I do not think he refused to take it at first—I was so excited that I scarcely knew what I was about—I never saw the prisoner before that night—this (produced) is the chain—part of it was gone, and the rest was left hanging—I was close behind the prisoner when he turned out of the court; the other one had got a start.
before 1 o'clock, I heard cries of "Police!" coming from Sydney alley, and saw the prisoner running—I am sure he is the man—he came out of the alley into Leicester-street—I stopped him, and the prosecutor, who was close behind him, came up and told me, in the prisoner's presence, that he had been assaulted by two men; that one had got away, but that the prisoner was the one who struck him in the eye—his eye was very much inflamed and swollen—the prisoner said, "You are quite miss taken"—the prosecutor said, "No, I am not, for J never lost sight of you;" that was all—the prisoner was about five yards in advance of the prosecutor when he was taken—the prosecutor was quite sober.
He was further charged with having been convicted, in April 1859, by the name of John M' Gavin; to which hePLEADED GUILTY.**— Ten Years' Penal Servitude.
494. FRANCIS PETTIT (40) , Stealing 1lb. 11 oz. of gutta-percha, 2 elastic stockings, and other articles, the property of David Laing, his master. ALEXANDER CROCHEVOIX (32), EUGENE BRUNEAU (51) , feloniously receiving the same. (Seepage 621). The evidence was interpreted to Bruneau.
MR. METCALFE conducted the Prosecution.
JAMES HANN (City-policeman, 360). I am very often employed in plain clothes—I know all the prisoners by sight—on Thursday, 12th February, I saw Pettit in West-street, Smithfield—I saw Bruneau waiting close by the Metropolitan Railway-station, and I saw Pettit unbutton his coat, by takes a parcel from underneath, and give it to Bruneau in West-street—they these both walked together into the railway-enclosure—I told another officer, and directed him to take Bruneau in custody—Pettit and Bruneau separated in the enclosure; J followed Pettit to a house in Turnmill-street, close to the Sessions-house, Clerkenwell—he knocked at the door, which was opened—he had two parcels in his hand when he entered—he remained there about ten minutes, and then came to the door with Crochevoix—i spoke to Pettit, and asked him what he had done with the two parcels that he had takes with him into the house—he said he had not taken any parcels in—I then asked Crochevoix if he had received any parcels from Pettit—he said, "No, I have not"—I took them both upstairs to the first-floor—I searched Pettit and found nothing on him—I then said to Crochevoix, "I am bound to search you, and if I find any parcels on you I shall lock you up"—he said, "You may search, I have no parcels"—I searched him and found two parcels in his coat-pocket behind—I then took them both into custody—the parcels, I found, corresponded with those I had seen Pettit take in; the paper was the same colour—I then asked Crochevoix how he accounted for those parcels being in his possession—he said that Pettit brought them in and put them on the table, and that he had taken them up for fear Pettit might for get them—I then took them to the station—I found 4l. 1s., 8d. on pettit—the parcels contained one pair of elastic stockings and two pairs of elastic knee-caps—Crochevoix gave me an address—on the Tuesday previous to this Thursday I had seen Pettit meet Bruneau at the same place in West-street close to the railway-station, and give him two parcels—I followed Pettit; he went to the same house in Turnmill-street—he remained there about a quarter of an hour, and came out with Crochevoix and another man; at a short distance from the house he gave Crochevoix two parcels—they walked together to Smithfield and there they separated—on the Wednesday I saw Pettit meet Bruneau at the same place, near the railway-station, and give him two parcels—on that occasion I followed Bruneau to Tottenham-court-road, to a shop kept by a person named Wallons, a surgical-instrument maker—he had two
parcels in his hand—he remained in the passage four or five minutes, and the private door was opened—Mr. Wallons came into the shop at last, and received the two parcels—Bruneau then remained about four or five minutes, and then left without the parcels—I did not see him give Mr. Wallons the two parcels, but I saw them in Mr. Wallons' hand—I had seen Pettit and Bruneau also meet on four or five previous occasions, but not Crochevoix; and on each of those occasions parcels were given to Bruneau—this always took place at a few minutes after 1 in the day—after taking the prisoners to the station, I went to Mr. Wallons' shop, having first been to Mr. Laing—Mr. Laing went with me—I saw Wallons—there was some silk lying on the counter, which Mr. Laing identified—there were also some preservers, and three or four different articles which I do not know the names of, but they are here—I did not find anything else besides those—the whole of the property I brought from Wallons was shown to Pettit next morning, and he spoke to Mr. Laing about it in French, which I do not understand—I afterwards showed Bruneau the light-coloured silk which I brought from Wallons—I told him that Pettit had said he bad taken that from his master's stock, and gave it to him to take to Mr. Wallons'—he said, "Yes; that is quite right, I did so—he spoke English pretty well, and understood what I said—I asked him what Mr. Wallons had given—he said, "I cannot say; what he gave me I gave to Pettit"—Wallons also produced to me eight dozen catheters, and a piece of oil-silk—I showed them to Mr. Laing and to the prisoners.
Cross-examined by MR. MONTAGUE WILLIAMS. (For Pettit.) Q. Was the conversation you had with Pettit conducted entirely in English? A. No—I do not understand French—it was conducted by Crochevoix—I went to Bruneau and told him that Pettit said he had taken these things from his master; Pettit had told me that in English—he spoke English quite plainly; that conversation was entirely conducted in plain English—Crochevoix calls himself an interpreter—I showed him the silk—I said, "I have brought this silk fan Mr. Wallons"—I then said, "Will you tell aim what I have brought from Mr. Wallons?"—he interpreted, and Pettit said, in English, "Yes, I did take that from my master's stock"—I do not think I have stated that before to-day—I afterwards said to Pettit, "You gave Bruneau two parcels yesterday of silk, what colour was that?"—Crochevoix did not interpret that—Pettit replied, "It was green—when I spoke to Crochevoix be said something in French to Pettit, but I did not understand it—Pettit did not simply answer "Yes" to the question which Crochevoix interpreted to him—he said, "I have taken that silk from my master's shop, and gave it to Bruneau to take to Mr. Wallons"—I swear that he did not merely answer, "Yes"—I told him what I had seen him give to Bruneau the previous day; I said, "What coloured silk was that?"—he said, "Green," and afterwards said, "Yes, I have taken that silk from my master's shop"—I swear that I have stated that before—a female named Thatcher, a witness in the case, keeps the house in Turnmill-street—on one occasion, the Tuesday, the parcels were given in the open street, after leaving the house—they always met at the same time, within five minutes or so.
Cross-examined by MR. KEMP. (For Crochevoix.) Q. Was the first occasion that you saw Petitt and Crochevoix on 10th February? A. Yes, Tuesday—I did not see Crochevoix enter the house on that occasion—Pettit entered—I could not see inside the house—I was perhaps about ten yards from it—it is not a shop, but a private house; I think there is a carpenter's shop underneath—the bottom part is all enclosed; there are gates—when I went
in there were carpenters at work—there is no shop-front—Pettit had two small parcels in his hand when he entered—I saw him take them out of his pocket before he went in—they were wrapped in paper, but not tied up with string—one was in blue paper, and the other in light-coloured paper—these (produced) are the parcels—I did not see Mrs. Thatcher on the 10th, nor did I know that the house was inhabited by her—I saw her on the 12th; I bad seen her before—I saw Crochevoix come out on the 10th in company with Pettit and another person—it was after they came out that Pettit gave these parcels over—I cannot tell what Crochevoix did with them—I was not watching him—I watched Pettit—they went together to Smithfield, and there they separated, and Crochevoix took the parcels away—I followed them to Smithfield—the parcels were in Crochevoix's pocket during that time—I did not take him on that occasion, because I did not know where Pettit was living; that was the reason I did not take Crochevoix, although I believed he had stolen property on him—I did not see him meet the other on the 12th—I saw Pettit go to the house again—I could not see inside on that occasion—I saw Mrs. Thatcher on that occasion—I went inside the house on the 12th, and also on the 10th—on the 12th I found Mrs. Thatcher and the servant there—Mrs. Thatcher was present when I saw the prisoner, and had the conversation which I have mentioned—I saw Pettit with the parcels before he went into the house; they were small parcels—he took them from his pocket—they were both wrapped, I believe, in white paper—these (produced) are them, and these are the coverings—they were not both wrapped up together; one was in the brown paper, and one was in the light—I found these two in Crochevoix's pocket, both in the same pocket—I believe they are the parcels I saw Pettit take out of his pocket, but I cannot swear—I should think he was not three yards from me when he took them out—I do not know whether he saw me; be could if he had been looking—Crochevoix speaks very good English, as good as I do—I have not known him before, nor known anything against him—I might have seen him before, but not to observe him—I made a memorandum on the Tuesday and on the Wednesday, but not of the conversation—I can undertake to swear that the words I have used were the exact words used by Crochevoix—I could not have made a mistake; I have never made a wilful mistake in my life—I have never been certain of any statement that I have made, and afterwards found myself mistaken—when I took the parcels out of Crochevoix's pocket they were wrapped up rather more tidily than they are now; they were not loose—they contain one pair of elastic stockings, and two pairs of elastic knee-caps—he was wearing the same coat that he has now, I believe; it is the same colour—I did not find any money on him—another constable, who is here, searched him at the station—I do not know where Crochevoix lives; I believe he gave a false address—I have made no inquiries about his address—I did not find him lodging at Thatcher's; I do not know now that he was lodging there—I searched Thatcher's premises—I did not find any other things on them—I have seen Pettit meet Crochevoix when things did not pass between them—I have seen them meet two or three times.
EDWIN HILLS (City-policeman, 308). Hann made a communication to me, in consequence of which I went with him to West-street on the 12th, where I saw Pettit give Bruneau this small parcel—they then separated—I followed Bruneau a short distance, and then took him in custody—I found this parcel in his pocket at the station—on our way to the station he gave up another, which he took from under his coat—that is also identified by Mr. Laing.
Cross-examined by MR. WILLIAMS. Q. What does that blue paper contain? A. French preservers—Mr. Laing does not identify those—he knosubpœnaed nothing.
ELIZA ANN THATCHER I lived at 53, Turnmill-street, at this time—I know Pettit well, and the other two prisoners a little—I have seen them frequently—I have seen Pettit and Crochevoix together at my house in Turnmill-street, but not Bruneau—I have seen Bruneau at times, but not there—I have seen him in company with Pettit—I have not seen any parcels brought to my home I did, on the Tuesday or Wednesday before he was taken in custody, receive a parcel from Pettit to give to Crochevoix; I believe it contained a waistcoat-piece—I did not open it—I gave it to Crochevoix that day—I received it near the Metropolitan Railway-station—Pettit said I was to give it to a person named Jules; I believe that is Crochevoix's Christian name—I gave it to Crochevoix as he was walking by the railway-station—I don't think Bruneau ever came to the house in Turnmil-street—the other house that I spoke of was where I lived before, a month or two ago—I have not known Bruneau visit Pettit at that house—he has not come to visit Pettit, he has come to visit me as well; I know his niece—I never knew of his meeting Pettit by appointment at my house, but he might have come there by appointment—he has never come to inquire for Pettit at all.
Cross-examined by MR. WILLIAMS Q. Am I to understand that when Pettit came to your house you have never, on any other occasion but this, seen parcels pass between Crochevoix and Pettit? A. No—I believe Crochevoix is a tailor—I never cohabited with the prosecutor in this case—I knew his brother before I knew Pettit—the prosecutor has not been to me while these men have been in prison—I have not received any message from, him to carry to them—I never lived with him, nor was I in the familyway by him; he is not the father of my child.
THOMAS WALLONS . I am a surgical-instrument maker, at 239, Tottenham-court-road—I have dealt occasionally with Mr. Laing—when I have wanted anything in a hurry, and could not get it from our makers, I have run in there and bought a single thing—I have not dealt with him as a customer—I do not know anything of Pettit—when I saw him at the police-court, I recognised him as having seen him at Laing's—I did not know him at a person in Laing's service; I only believed I had seen him there—I only know Bruneau by sight as the "Frenchman," not by any name—I have had dealings with him—I dealt with him two or three days before the police came to my place—I could not say whether it was the day before; I made no note of it—I am not certain of the day the police came—I bought from him a piece of oil-silk and eight dozen catheters—he came in the morning, some time before dinner, when I was engaged with a customer—he came up to the door, and a gentleman whom I had in the shop was showing me his artificial limb, and Bruneau could not come in at the shop-door—he went to the private door, and asked if he could see me; they said "No," that I was engaged; and then he left a parcel, and said he would call again—he give the parcel to my wife, who answered the door—she did not put it into my hands for about half an hour, for I was engaged—he came again in the evening, and that is the time he brought the catheters—I had not seen the Parcel and its contents till he came again; then I saw the contents—he asked me if I would buy it; I looked at it, and said, "How much for this?"—he said, 6s. 6d. or 6s., and at the rate of 16s. a gross for the catheters—I paid him about a sovereign to the best of my knowledge—he did not come again
at all after that—I should think I have bought little odd things of him, perhaps half a dozen times during the last year or year and a half; but I have bought of half a dozen different Frenchmen that have come during that time—I think, on one occasion, I bought two pairs of elastic stocking of him, but I do not remember the particular articles—I bought of the Frenchmen without asking their names, or taking any particular invoice, for sometimes they are men who come over to London and bring a few odd things to get their expenses for going to and fro—I do not ask them their names—I never received a parcel from Bruneau in the passage—the policeman says he saw me one day come down into the passage, but it is an error of his; it did not take place—I did not give up any other things to the constable; he took them without my permission—I did not buy those things from Bruneau—some of them I bought from other) people, whose names I shall not tell; it would be no advantage to other people to know—some of them, I believe, I bought of a Frenchman named Foltett, who used to be a workman for me, and therefore I know his name—he used to work for Mr. Laing as well—I believe Bruneau left a card once, about the first or second time he came to me; that would be perhaps a year and a half ago—there was a name and address on it of a company that were export and import merchants—I have looked for that card—as a rule we throw them away, or send them away on packing-boxes; but I searched for this one, as there was a possibility of its being wanted—I have not been able to find it—Bruneau said he travelled for a city-house, and had a commission—he is not one of those Frenchmen who come with a few things—I did not inquire his name, or that of the house, or take any invoice—it is not usual to do so.
Cross-examined by MR. WILLIAMS. Q. If the policeman says that on one occasion Bruneau came to your side private-door, and you came down, and he afterwards saw a parcel resembling one that Bruneau had brought min your hands, it is not true? A. It is positively not true—he may have made a mistake—the gentleman who was with me in the shop was between me and the door, and was striding about to show me his artificial leg—he may have been very near the door, which is a plate-glass one, and the policeman may have mistaken him—this was at 1 o'clock, and the parcel did not come into my hands till the evening—the catheters I bought were about 16s. a gross—I have bought the same things at 15s.—when workmen are hard up, and the things are not wanted, we can get them for almost what we like—our men are mostly garret-men, and they will come and sell them at any price—I sometimes buy things for 1l. which are worth 2l.—the prosecutor came to me and saw some oil-silk which I purchased of Bruneau—the first time he came he said it was not his, and he would give me 50l. if I could show that it had ever been in his place—he came to me a second time, and said he was always engaged at the desk and counting-house, and really did not know what was at his place, for things came in and went out without his seeing them—he stated, in point of fact, that he could not identify the silk—these catheters are not at all different from others that are sold in the trade by hundreds—I could not swear to them—when he came with the constable to identify the goods he picked out one article which I had never Purchased of Bruneau, but had on my stock two years, and some which I had had more than that, and had made on my own premises.
DAVID LAING . I am a native of France, carrying on business in this country at Skinner-street, as a surgical-instrument maker and manufacturer of webbing and elastic things—I have looked at these goods (produced) from Mr. Wallons'—to the best of my belief they are mine; I am quite certain
as to some of them—we have missed goods from my place for about two years, I should say—I have missed goods of this description during the last few weeks before the prisoners were given in custody—Pettit had access to everything in my establishment—he used to correspond and keep the French books in my warehouse; in fact, he had more privileges than any one in my establishment—he was manager—the dinner-time at my place was between 1 and 2 o'clock—he could get out without its being noticed what he took away—I remember some pieces of silk, which were brought from Wallons, being shown to Pettit by the officer—I spoke to Pettit in French about them—I asked why he had taken the thing which were before him—he said, in French, "Yes; I did take it"—I then asked him about this other coloured silk—he did not say at first that he had taken it, but acknowledged afterwards that it was from my place—I did not hear the other prisoners say anything about those things—they merely said that they had the goods from Pettit when I asked them—I have seen Bruneau before—he was introduced to me by my man—it might be a dozen times that I have seen him there with Pettit—I have not seen them go out together, but I have seen him come in and ask for Pettit to come out, that he wanted to speak to him for a few minutes, and Pettit asked my leave to go out with him, to which I assented—Pettit once told me that a friend of his had some goods to dispose of—I said, "I will not buy them because it is not in my business, but I will lend your friend 20l. on those goods"—then they wanted 80l. for the goods—I lent Bruneau some money on them at the instance of Pettit—Brunean had the means of knowing the sort of things I dealt in—the catheters which I first saw I reckoned to be worth 26s. a gross, but what I have since seen I reckon to be worth 36s. a gross—I could not get them at 26s. now if I wanted them—I should like to be able to get them at 16s.—there are some which have been sold for a shilling a dozen, but which cost me 5s.—the value of the light silk is about from 10s. 6d. to 11s. the piece.
Cross-examined by MR. WILLIAMS. Q. I understand you to say these catheters are worth about 36s. a gross? A. Yes—they belong to me—I have not looked at every one of them—I am prepared to swear that every one of them is mine, because they have been supplied to me from two or three manufacturers tare in town—they do not make for me alone; they supply plenty other houses with the same goods—Mr. Wallons has not been in the habit of buying goods from those manufacturers within the last twelve or eighteen months—these have been taken from my warehouse and sold—I have missed them every day for this last two years, at least I find it out now; I did not have the suspicion before—I will not swear to these catheters now—I never bought anything through either of these men but French stamps; I have done that for the purpose of making money—they came to me and wanted to turn them into money, and I gave them five per cent, under the value they are in France; that is, French stamps that cost 20s. in France, I have bought here for 19s.—my trade is that of a surgical-instrument maker—I would carry on anything that is honest and respectable—I sell a great many of the articles contained in this blue paper—we supply a good many wholesale houses with them—we do not supply them to Holy well-street—I can give you the list, from my books, of the houses we supply—I do a large trade in them—they come under my denomination as a surgical-instrument maker—all the surgical-instrument makers keep them, and the wholesale and retail druggists keep them—I do not know anything of their dealing in Prints; I have never sold any prints—I
have never, to my knowledge, been in the habit of exchanging prints for other goods—I have not dealt, traded in, bartered with, or exchanged any immodest prints—I will swear that no immodest prints have ever been sold by me—about two or three months ago, a Spanish gentleman called and asked to buy some things used for surgical purposes—if you want to know what they are, I will give them you on paper—I was told that the authorities had stopped those few things in Boulogne—I know Messrs. Flageolot, a very respectable firm—I have been in the habit of consigning goods to them within this last five or six years—I was not present when the authorities stopped any goods, of a certain nature, consigned to them by me—I do not know whether they have done so; I was not there; I never sent anything—I do not interfere much in the business—the goods I send are Indiarubber goods, nothing but what are made in England to ship to my house in France, elastic stockings, catheters, and surgical instruments; nothing but instruments, except the one article which you allude to—I cannot mention the name of it; they are described as skin-preservers—I never sent them away myself—I happened to be out of town the very week they went away—when I saw the oil-silk, which I say is mine, I did not identify it at the first moment—I said, "I believe it does not belong to me"—I said nothing to Pettit about taking things to Mr. Wallons', except what I have stated—I asked him why he had taken those things of me—he said he felt very sorry indeed, and he scarcely looked at my face when he saw me—I never saw Wallons at all before Pettit was taken in custody—he used to supply him from my shop when he came in there—I have not asked him why he supplied goods to Woollums, who is my greatest enemy—I did not object to his selling those goods—he was obliged to sell them—I have never said, that if he would swear that the articles found at Wallons' were my property, I would handsomely reward him, and get him discharged; I took very good care not to say anything of the kind—I have not myself had an interview with Pettit's wife since he has been in prison—I said to my brother, "This woman is a very unfortunate woman; I do not believe she is guilty of this affair; give her work if you possibly can"—that is all I have done—I have sent no message to her about her husband—I have not sent a message to Pettit, while in prison, through anybody—he is a Frenchman; his name ought to be spelt differently to what it is—I daresay he speaks English a little; he always spoke French to me—he has been in my employment some time—he does not speak English, but I daresay he can make himself understood—he speaks very little English—I have known him more than four years.
Cross-examined by MR. KEMP. Q. Your attention has been drawn to a parcel which was taken from Crochevoix; does that contain one pair of elastic stockings and two pairs of knee-caps? A. It does—we do not manufacture those things—they are manufactured by a house in Derby—we have not any private mar upon them by which we can identify them—I can undertake to swear that these are my goods, because we had in a parcel of goods exactly like these about three weeks previous—I have not any one here from the manufactory—I do not think they supply many other houses in London—I could not swear that we are the only house that they supply with those goods—there has been my own private mark on the paper in which these were—it is French packing-paper; it is not English paper—I say it is foreign manufacture, because I get it from Paris, from the makers—there is no private mark on these stockings—it is my habit to attend to my business myself, as much as I can—I am not in partner.
ship, but have been in business for myself this last six or seven months—my brother assists me in the shop—it was the duty of my brother or myself to be in the shop when Pettit went to dinner, but we were not often there—there must always be some one in the shop, not myself or my brother, but some of my shop-keepers.
MR. WILLIAMS. Q. Has not Pettit lent you a sum of money? A. Never; but when his mother died he had 75l., of which he kept 20l., gave 5l. to his wife, and gave me 50l. to keep for him—he came to me a few days afterwards and wanted 5l.—I said, "There it is;" and in a few days he came again for 3l.—I said, "There it is;" and after that he asked me for another 5l.—I said, "No; leave me your money, or else I will give you the whole lump back again;" and I did so—I owe him nothing.
Bruneau. Q. Did you see me several times speaking to Pettit? A. Yes—you did not know him through me, but I knew him through you.
Bruneau's Defence. Pettit gave me two pieces of green silk for sale; I asked him if they belonged to him; he said, "Yes;" and I sold them at 6s. 6d., and the catheters at 10s. or 10s. and a few pence, and I gave him all the money.
BRUNEAU was further charged with having been before convicted on his own confession, at Westminster, in April, 1855, of feloniously receiving, when he was sentenced to Four Years' Penal Servitude; to this he PLEADED GUILTY.— Confined Eighteen Months.
PETTIT.— Five Years' Penal Servitude.
CROCHEVOIX.— Confined Nine Months.
FOURTH COURT.—Thursday, March 5th, 1863.
Before Mr. Common Serjeant.
495. CHARLES EVANS (45), and JAMES JENNINGS (36) , Burglary in the dwelling-house of David Derrin, and stealing therein 1 barometer, 1 coat, 10 spoons, 1 mathematical-instrument box, and other articles, his property. Second Count, receiving the same.
MR. GRANTHAM conducted the Prosecution.
DAVID DERRIN . I am an engineer, and live at Cambridge-street, Old-Saint Pancras-road—on the night of 15th January, before going to bed, I secured the house in the usual way—I particularly noticed that the parlour-window was closed and fastened with the usual catch—the things in the room were in their usual order—I went to bed at half-past 10, and got up the next morning at a quarter to 6—I found the keys of the workshop removed from their usual place, and the house had been broken open—the parlour-window was wide open and the blind blowing outside—the shutten to that window were not closed the night before; a bar, or some piece of iron, had been pushed between the two meeting bars to push aside the fastening—I missed six silver tea-spoons, nine altogether, a little salt-spoon, a pair of tongs, a barometer, a case of instruments, a black overcoat, and some other things—several things were all ready to take away, but were not taken—I recognise these (produced) as belonging to me—they were safe night before.
Cross-examined by MR. COLLINS (for Evans). Q. Did you see them the night before? A. Yes; I looked at the barometer to see the state of the weather, and used the box of instruments.
the Midland beer-house—on 16th January, Evans brought this barometer and offered it for sale for 14s.—he said he was breaking up his home, and he wanted 14s. for it—I said we did not want such a thing—he then asked if we would let him have some money upon it till he did the work; he was going to paint the front of our house—I ultimately lent him 7s., and retained it.
Cross-examined. Q. Are you quite sure this was on 16th January? A. Yes; I could not say whether it was the 16th or 17th—I know it was the latter end of the week—I knew Evans by his frequenting our house, at a painter and glazier—he was doing our house then—we had sufficient confidence in him to give him a job.
OWEN JENNINGS . I am the prisoner Jennings' brother—somewhere about 26th January, I was with him in the tap-room of the Elephant and Castle public-house, about 10 o'clock in the morning, reading a paper—about half-an-hour afterwards Evans came in, bringing this case of instruments, and put them publicly on the tap-room table, pulled them all out of the box, and me and my brother looked at them and examined them—Evans said, "I want to sell these; do you know anybody who will buy them?"—I said, "Who do they belong to?"—he said, "They are mine"—I said, "Well, I don't know who would buy such things"—he said, "I want to raise the wind," or "raise a shilling," I won't be sure which; and he said, "Would you mind pledging them for me?"—I said, "Well, if they are your own, I don't mind taking them to a pawnbroker's where I am well known, where I am in the habit of pledging myself when I am short of money"—I took them to a pawnbroker's where I was well known, and pledged them in my own name for 3s.—I brought him back 2s. 11 1/2 d.; they stop a halfpenny for the ticket—I gave him the ticket.
Cross-examined. Q. This was done publicly, was it not? A. Yes, in the public tap-room—it was very early in the morning; people came in and out—the Elephant and Castle is in Camden-town, opposite the Vestry-hall; it is within a hundred yards of the prosecutor's house, across the water.
WILLIAM DIBBEN . I am a papermaker—on the evening of 22d January, I saw both the prisoners at the Elephant and Castle—Jennings came and asked me if I would purchase a ticket for a box of instruments—I saw him eighteenpence for it—the instruments were in pledge at Tomlinson's Collins-street, Camden-town—I fetched them out on 24th—this is the box.
Cross-examined. Q. What time in the evening was this? A. It might have been about a quarter-past 8—I know Jennings and Evans; we can neighbours—this happened at the bar—people were at the other side of the bar—I was outside the bar, on a seat—the ticket was offered to me publicly—the Elephant and Castle is opposite St. Pancras Workhouse, King's-road Camden-town—a strong person might throw a stone from there to cambridge-street.
Jennings. Q. What was the price I asked you for the ticket first? A. Two shillings—you said it belonged to a man inside, without mentioning any name—you told me it was not yours.
JOHN COOK (Policeman, S 198). I have seen the prisoners frequently together for two or three months past—I apprehended Jennings on 29th January, and charged him with being concerned with another in breaking and entering the dwelling-house of Mr. Derrin—he said he knew nothing about it—I said, "Do you mean to say you did not sell a ticket of a case of drawing instruments to Dibben?"—he said, "Yes, I did, but I had the ticket from Evans"—I subsequently went to Mrs. Humphries, and obtained
this barometer—I took it to Evans who was then locked up and told him I had found it, and that Mrs. Humphries stated that he left it with her, for 7s., about a fortnight before—he said, "I never had it, and I don't know anything about it."
Cross-examined. Q. Did you caution him? A. No, I did not; I showed him the property—the prosecutor's house is about two hundred yards from Mrs. Humphries',
Jennings. Q. Have I ever been under look-and-key in my life? A. No; I know nothing against you.
DANIEL CONNOR (Policeman, S 211). I apprehended Evans—on the way to the station Jennings said, "I got the ticket from Evans"—Evan?, hearing it, aid, "I know nothing about the ticket; I never gave it him"—he repeated that also at the station.
Cross-examined. Q. I suppose you told Evans he was charged with stealing these things? A. Yes; and he said he knew nothing about it.
JENNINGS— NOT GUILTY .
EVANS— GUILTY .— Confined Eighteen Months.
MR. GENT conducted the Prosecution.
JOHN PITNEY (City-policeman, 4). About 4 o'clock on the morning of 11th February, I was called to Gould-square, Cooper's-row, Crutched Friars, and received some information from Mr. Halm that some persons were on the roof of the adjoining premises—three other constables came up, and we made a search over the roof, and searched also a cooperage, but found roof trace of the prisoners—I found some boots there—we then searched the roof of the adjoining premises, and on the roof of Mr. Barber's cooperage we found a quantity of lead cut from the roof—two pieces were folded up, and another piece was lying flat in the gutter—this is it (produced)—it was recently cut—I compared it with the places it was cut from, and it matched—I then went to Mr. Statham's stable, and after about two hours got him to bring the key—I went in, and saw another constable find Lopman under the manager, covered with straw, and no boots on—Connor was found in a shed; he escaped through a window, I believe—Lopman got into the stable through a small square of glass—the lock was forced from the cooperage; this is it—we found that out afterwards—it was found by some person there—it was left secure the night previous—both the prisoners claimed the boots I had found, and put them on.
BARNARD CASSIDY (City-policeman, 518). About 6 o'clock on the morning of the 11th, I went with Pitney, and found Connor in a lumber room or warehouse, which could be entered from Mr. Statham's stable—I believe I got in the same way as the prisoner, through a broken window—he was crouched down, with his shoes off.
PHILIP CHRISTIAN HALM . My premises are close to Mr. Barber's cooperage—about 3 o'clock on this morning, some noise disturbed me—I listened first in bed, and then opened the window, and remained there perhaps about fifteen minutes—I could see something like a face on the roof—it was not moving at all till the policeman came in from Gould-square—it then began to move, and did not know which way to go.
Lopman. Q. How many yards was the roof from your house? A. About ten yards.
Connor's Defence. I was after putting my shoeblack-box away, and returning from Whitechapel, I went up this yard. My money fell out of my pocket, and I found 2 1/2 d. of it. I did not like to go home without the other, so I thought I would sleep in that place till morning, and then find the money.
CONNOR— GUILTY .— Confined Six Months.
LOPMAN— GUILTY .*†— Confined Nine Months.
MR. COOPER conducted the Prosecution.
RICHARD TILLETT . I am assistant to Mr. Samuel Sadler, a pawnbroker, of 79, Snow-hill—about ten minutes to 1 o'clock, in the afternoon of February 4th, the prisoner came in, and asked me to show him some rings—he asked to look at a ring that was in the window—I asked him if it was was a keeper—he said, "No"—lie went outside, and pointed out the ring, which was a keeper—I got it out of the window, took it off the card, and gave it to him to look at—he asked me if I would warrant it gold—I said, "Yes; you will find it Hall-marked inside"—he took it to the gas to look at it, and then said, "Good morning," and walked of with it—there was a woman with a child outside, pointing to the ring—I followed the prisoner, and within three minutes gave him into custody—I am satisfied he is the man.
Prisoner. Q. Was I with the woman you say you saw? A. I should say you were—she was gone when you went out—you appeared to put your hand up to your mouth—I can't say you put the ring in your mouth—I lost sight of you about a minute when you left the shop, but I knew you again by your countenance and your dress—I believe you were strictly searched at the station-house, and I believe no ring was found upon you.
LAMPREY CLARK (City-policeman, 240). The prisoner was given into my custody for stealing a gold ring—I told him the charge—he said he was never near the shop, and knew nothing about it, and he was a respectable man, and could prove it—I only found a pin, a pair of spectacles, and an empty domino-box on him—he refused his name and address.
Prisoner's Defence. You have heard all the facts: I desire you to weigh the case as your consciences will allow you.
He was further charged with having been before convicted of felony at this Court, on Monday, 19th August, 1861; to which he PLEADED GUILTY.*— Four Years' Penal Servitude.
MR. POLAND conducted the Prosecution.
JOSEPH HAMILTON MUNDLE . I am a grocer, at Bere Regis, in Dorset—I know the prisoner as a traveller for Messrs. Cross and Gordon—on 19th December, I gave him a cheque for 33l.10s., for money owing by me to Cross and Gordon—at the same time I gave him an order for some more goods—I got the cheque from my bankers as paid—the prisoner gave me this receipt (produced) for the money.
FRANK WILLS . I am cashier to Williams and Co. bankers, Dorset—on 20th June, I cashed this cheque—it was presented by a person purporting to come from Cross and Gordon; I do not identify him—he gave me 1l. 10s.—I gave him for the cheque a 20l., 10l., and 5l. Bank of England notes—the cheque was endorsed as it is now—I can't say whether he endorsed it in my presence.
Cross-examined by MR. COOPER. Q. Have you been long in the bank?
A. Six or seven years—I have seen cases where travellers have signed their masters' names to cheques; of course, I assume it has been by their authority.
WILLIAM BRIDGER KENT . I am a grocer, at Overwallet, in Hampshire—I know the prisoner as a traveller of Messrs. Cross and Gordon—on 24th December I was indebted to them 15l. 19s.—on that day I paid the prisoner sum by this cheque (produced), and he signed this receipt in my presence—the cheque is made payable to bearer—it has been returned to me through my bankers.
Cross-examined. Q. How long have you known the prisoner? A. About twelve months—I have only known him as passing through the place—I did not know him when he was in his former employ.
THOMAS TILLEY . I am a grocer, at Avebury, Wilts—I know the prisoner as a traveller to Cross and Gordon—on 15th January, I paid him for them 33l. 13s. 11d. by this cheque, and he gave me this receipt—the cheque has been returned to me through my bankers as paid.
Cross-examined. Q. How long have you known the prisoner? A. Between two and three years—I never knew anything against him.
MR. POLAND. Q. Did you know him when he was in his former employ? A. I did—he called on me then—I don't know why he left.
GEORGE GORDON . I am a member of the firm of Cross and Gordon, tea merchants, 27, Rood-lane, City—there are several partners—the prisoner entered our service some time in October, 1861, as a commercial traveller—he travelled in the ordinary way, got orders for us, and we sent goods—he bad no fixed salary at that time; we advanced money to him from time to time, to try the trade as it were, to see whether he could make a business—he continued in that way until this agreement (produced) was entered into, on 11th March, 1862—it is signed by him—he was to act strictly as a traveller within the terms of that agreement—we owed him nothing then; the accounts were settled up to that time—the prisoner kept this book (produced); he took it with him on his journey—it was his duty, on the receipt of money, to enter it in this book, and to enter on the other side the money he forwarded to us in London—if he paid any money to us on his return from his journey, he would have to enter it into this book—the agreement speaks of 7l. a week, 1l. 15s. for salary, and five guineas for travelling expenses—that was almost always sent to him by post-office order if he was in the country, and if he was in London it was remitted to him regularly—that was perfectly distinct from the money he received—he returned from one of his journeys on 23d or 24th January, and handed over to our cashier the sum of 60l.—that was entered in this book—on 27th January he called at our place of business—I saw him—this book was produced and made up—463l. 13s. 10d. was the gross amount he had received since the last settlement; it credits 429l. 10s. 4d.—the prisoner merely said, as to the balance, that that was all the money he had got—I think there was one week's salary and travelling expenses owing to him at that time; that is entered there—we asked him what he had done with the remainder of the money—he said he had spent about 13l. 10s. in horse-hire—we allowed him that, we could not help ourselves—he also said he had spent 2l. 14s. 6d. for Christmas-boxes, and he said something about having to pay some rent—we said we should want to talk to him before he went on another journey—Mr. Cross spoke to him in my presence, and went through the ledger with him, in order that he might give explanations of the money owing which he had not accounted for—I think he called again on the following
day—we talked the whole matter over with him, and told him the business he was doing would not answer, and we had come to the conclusion to close the agreement—he seemed surprised; I don't know exactly what he said—I think I said he might, if he liked, come the next morning if he had got anything to say—he did come—he gave me no explanation of the outstanding accounts—on 20th December I received this letter from him—he there states that he received from Mr. Mundle 25l.—the letter contained 25l. only—I find in the book, at that date, a sum entered of 25l., to Mr. Mundle, and the remittance of it on the other side—that 25l. was all we received from the prisoner on behalf of Mr. Mundle—we were not at all aware that the prisoner had received from Mr. Mundle a cheque for 33l. 10s—if he had received that cheque on 19th December, it was most certainly his duty to send the cheque itself up to us in London—he had no authority to endorse my name upon that cheque—we were not at all aware, until some time after he left our service, that he had received it—he has never accounted to us for the balance—he has never accounted to us for the receipt of 15l. 19s. from Mr. Kent, on 24th December—there is no entry whatever in this book under that date—I have looked through the book; there is no entry whatever of that sum from Mr. Kent—it was the prisoner's duty to have sent it up to us to London—until he had left our service, we were not aware that he had received it—we were not at all aware that he had received from Mr. Tilley a cheque for 33l. 13s.—there is no entry whatever of the receipt of that sum in this book—it was his duty to cheque up, as the others—I was not present when these particular customers were mentioned to him—the prisoner made no claim upon us for any further money, as being due to him, when he left our service—I have gone through our books—as a matter of fact, the amount of profits never reaches the 14l. a week mentioned in that agreement—the prisoner was not entitled to receive more money than he did receive from our firm.
Cross-examined. Q. Had you a commission-agent or traveller before the prisoner entered your service, to go to the counties where he went? A. No; it was a new attempt to work those five counties, as far as we were concerned—I have no doubt, when he started on his first journey, that he took samples of our tea and grocery with him—if he wanted more money we gave him some when he came back—he was bound to come home if he wanted it, and certainly not to use our money—he might have travelled home to the amount of more than 100 miles at our call and request—before the agreement was entered into there was not actually a settlement of accounts between us, in respect of his travelling expenses—he was in our service from October till March—before the agreement we could tell whether we were indebted to him or he to us—we kept a book—it can be got—it is a account-book—I will swear he has not asked me over and over again for a settlement of the account, and could not get it—I cannot say whether he has or not asked my partners—from his representations he had got a that was what he said—I cannot tell you the amount of money he has sent up to us—I have looked into the books; I cannot tell—I am not the cashier—he travelled with tea and coffee only I think—I don't remember any dispute after the agreement was entered into—he went on travelling for us as before, after the agreement was signed—when he sent money up I put the names of the people from whom he had received it—I knew what the amount of Mundle's debt was when the prisoner sent us up the 25l.—I knew Mundle owed us 33l. 10s., and the prisoner must have known it too—we had sent tea to Mundle to the amount of 33l. 10s.—we knew what the dept
was—we should have looked at If Mundle's account—if he did not send us the difference, we should presume that when the prisoner went on his next journey he would receive the balance—I am quite sure I did not receive the difference between 25l. and 33l. 10s.—you must ask the cashier whether the prisoner paid any money about Christmas-time, I don't know—he paid this 60l. in one sum—I can tell that the difference between 25l. and 33l. 10s. is not included in that, because he has not put it on the other side of the book—I knew that Kent was indebted to us 15l. 19s., and Tilley 33l. 13s.—I cannot tell whether the prisoner sold on the last journey as much as five tons of chicory and coffee; I should think not—he was not to have half the profits of the sales of coffee and chicory unless his earnings were over 14l. a week, the date of the agreement—he said he had spent the money in travelling.
MR. POLAND. Q. Do you keep a regular book against each of your travellers? A. Yes, so as to see the money they receive and the money they are entitled to receive—everything was paid to the prisoner up to the 11th of March, the date of the agreement; I mean there was no signing of accounts between us.
WILLIAM CROSS . I am one of the firm of Cross and Gordon—I remember seeing the prisoner in January, when he came from his last journey—I went through our ledger with him—it contained a list of the customers on his district who owed us money—I asked him if he had any explanation to give of the persons who owed us money—he made various explanations; he said some would pay next journey—he did not say that he had received from Mr. Mundle 8l. 10s. in addition to the 25l—I was not aware that he had received the whole sum—he did not tell me that he had received 15l. 19s. from Mr. Kent, or a cheque for 13l. 13s. from Mr. Tilley—after he had left our service I communicated with those gentlemen with reference to their accounts—the prisoner made no claim upon us when he left our service that any money was owing to him.
Cross-examined. Q. Did you ever receive from the prisoner 60l., about Christmas-time, besides what is entered in this book? A. No—he had a regular settlement of accounts with us every journey he made since the agreement; before that he was paid money as he wanted it—we never received any cash from him, except what is entered here.
GEORGE FILER . I am cashier in the service of cross and Gordon—the 60l. entered here I received from the prisoner—he did not pay me any other money but that on that day, or at any other time, except that which is entered in this book—it was not my duty to check this book.
Cross-examined. Q. Then he has never paid you any other money? A. No—I don't know what that 60l. was made up of; it was a lump-Bum paid in—I know it does not include the 8l. 10s., the 15l. 19s., or the 33l. 13s., because he has not entered it in his ledger—I have seen this book at various times on his return from his journeys—I can't say whether that was the only large sum I ever received from him in a lump—I have received none which. has been entered in any other book.
EDWARD FUNNELL . I am a detective officer—some time in January last, I received information with regard to the prisoner, and went to his house in London—I did not find him there—on 5th February I went to Devizes, and there took him into custody—I searched him, and found on him three halfpence, two duplicates, a knife, and two keys—I told him what he was charged with—he said, "I did not think they would have dose this."
GUILTY .— Four Years' Penal Servitude.
There were two other indictments against the prisoner, one for forgery, and one for embezzlement. His defalcations were stated at over 200l.
MR. GENT conducted the Prosecution.
HARRIET AUSTIN . I am the wife of William Lewis Austin, of William-street, Commercial-road—on 17th February I was at St. Paul's Cathedral with my daughter, near 5 in the afternoon—we were not far from each other, by the iron gates—there were several persons there—I saw the prisoner at the side of me—I felt something at my side, and saw the flounce of my dress up—I looked down, and saw the prisoner's hand at the side of me—I brushed my flounce down—I did not know that I had lost anything—my pocket was just under my flounce—I had a little leather bag in my pocket, containing two half crowns, a two-shilling-piece, two sixpences, and a shilling, I think—my daughter came to me and said something, and I felt, and my bag was gone—my daughter followed the prisoner right out of the cathedral, and I followed her—he had got hold of another man's arm just as he was going out—he was given in charge just at the gates—I saw the bag again at Guildhall—this is it (produced)—here are two half-crowns, a two-shilling-piece, and two sixpences, besides a threepenny-piece and a penny, which is not mine that I am aware of—one shilling is missing.
Cross-examined by MR. PATER. Q. What was found in the bag? A. I believe it was found empty—there is no mark on any of the money—the chanting was going on at the cathedral—there was no crowd, very few indeed—I said nothing to the prisoner till we got out of the cathedral—I was at the choir-gates when my flounce was disturbed.
SOPHIA BRYDER . I am the wife of Thomas Bryder—I was with my mother in St. Paul's Cathedral on the afternoon in question—I saw the prisoner there—he was standing at my right side—he put his hand to my frock-pocket—I looked at him, and thought I must be mistaken from his appearance, and moved a little further down—he then tried my frock again two or three times; he then came in front of me, stood against my mother and lifted up the flounce of her dress, put his hand in her pocket, and pulled it out again with something in it, I can't say what—he then moved away—I spoke to my mother—he then came to the front of me again and moved round, made a motion to another man, who went with him—I followed them—when they got outside the door the prisoner took hold of the other man's arm, who said, "What have you got?"—I was close behind them—the prisoner said, "Only a bag"—I tapped him on the shoulder, and said "Will you accompany me back to the cathedral?"—he said, "Yes"—I saw him pass something to the other one after I had spoken to him, and I said to the other, "And you likewise, if you please?"—he said, "Yes"—there was then a dispute between them which should go back with me—I saw that they wanted to get away, and I took hold of the prisoner's coat, and held him till the policeman came and took him into custody; the other man got away—I did not see where the bag came from that the policeman has.
Cross-examined. Q. Were you with your mother the whole of the time! A. Yes, and never left her till I followed him out—I stood at the right-hand side of her, and the prisoner stood at the right-hand side of me at first, and when he went on the right-hand side of my mother I stood and watched him—I certainly did not say a word about what I saw, not in a place of worship—the prisoner was out of the church and down the steps when I tapped him on the shoulder.
ROBERT WILCOX ROMAINS (City-policeman, 378). I was on duty at St. Paul's on 17th February, and saw the prisoner detained by the last witness—I took him to the station-house, searched him, and found 9s. 5d. in his pocket—I produce part of that money now; 13d. was deducted for expenses at the station—there is now 8s. 4d.—he made no answer to the charge—this little bag was found afterwards; it was given to me by a young man, who picked it up by the pastrycook's, about two yards from where I took the prisoner—I did not see it picked up—Frederick Salmon is the boy who picked it up; he is not here.
COURT. Q. When did he give you the bag? A. About half-an-hour afterwards, when I went back to St. Paul's Churchyard.
GUILTY .— Confined Nine Months.
OLD COURT.—Friday, March 6th, 1863.
PRESENT—Mr. RECORDER and Mr. Ald. WATERLOW.
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution.
JANE YATES . I am the wife of John Yates, who carried on business as a boot and shoemaker, at 86, Wheler-street, Spitalfields; we afterwards removed to No. 24, in the same street, of which Mr. Dear is landlord—I know the prisoner—the first time I ever went to his house my husband sent me to change some boots for different sizes; that was just before the beginning of August—I afterwards went with my husband to buy some; that was in August, it was in Bishopsgate-street—my husband purchased nine pairs of women's and children's boots of the prisoner; he paid 4s. 3d. for the women's, and 2s. 5d. and 2s. 9d. for the children's—I am a boot-binder—there was no shop at this place; it was a second floor front-room—I went there again with my husband in the same month; he then bought twelve pairs of boots; thirteen pairs were given in a mistake—the prisoner took them from under the bedstead, hid in a basket; they were side-springs women and children's boots—they were the same price—after we got home the prisoner's wife came, and my husband gave her back one pair—the prisoner came to our house, 86, Wheler-street, soon after, about the end of the same month, and asked my husband if he was making a fool of him, whether he was going to have them or not—my husband said he had not got money enough—he said then he must take them somewhere else, for it was getting too hot for him, for the boy was taking some elsewhere—he mentioned the man's name he should take them to. and he said he had no business to have let my husband have any of them—he said he should turn it up, and get a cab and horse; that was at the same time—some time afterwards I went with my husband to Mr. Dear's; the prisoner drove us in his cab; that was in October—we had then removed—we got from Mr. Dear three half-crowns, and three pain of boots back—I went both to Mr. Dear's private house and to his shop opposite Hyde-park—I first went twice to his shop and then to his private house, the Pavilion—the boots I received of Mr. Dear had been in our possession before; they had been kept on a shelf at 24, Wheler-street—there were eight pairs of women and children's boots there—I went out one
evening leaving those eight pairs there, and when I returned they were gone—Ann Horton was our servant at that time.
Cross-examined by MR. COOPER. Q. You were taken up yourself for stealing these boots, were you not? A. No, I was taken because my husband went away, and two brooches were found in the place; I don't know whether I was taken for the brooches; I was taken for something, and tried—I had never been in gaol before—my husband is in gaol now—he was sentenced last January to ten years—I have been to the gaol to see him as often as I could—I think I saw him last Thursday or Friday—I did not read over to him the depositions in this case—we did not talk it over about the trial—I never said, "If we can get Close transported we shall be much better off,"or, "You will get your liberty "—he knew that I was coming here as a witness—he did not tell me that he was coming as a witness, I don't know that he is, not for a truth; the prisoner's wife told me so—I did not place the eight pairs of boots on the shelf; I believe my husband did, when we were moving: I saw him—I have been about seven or eight times before the Magistrate in this case—I was examined at least six times; I was always there, but sometimes I did not have two words to say.
MR. BESLEY. Q. How many times did you sign the paper that the Magistrate read over to you? A. Only once—once or twice the cast was 'adjourned because Mr. or Mrs. Dear were not there—when I was tried I was acquitted—I have seen my husband in prison three times altogether.
ANN HORTON . I am now in the service of Mr. Griffin, of 2, Brewer's-lane, Spitalfields—I was formerly in the service of Mr. and Mrs. Yates, at 24, Wheler-street; they kept a boot-shop—I remember seeing some women and children's boots on a shelf there—I did not give them to Mr. Dear; he took them out of the shop himself and went away—he told me who he was—he took seven pairs and left one pair there.
Cross-examined. Q. I suppose, being a boot-shop, the shelves were generally filled with boots and shoes? A. No, not filled; there were not a great many there—there were often boots there—nobody was at home that evening but the two children and myself—there were about five pairs of men's boots also on the shelf—they were all on one shelf—I do not remember young Charles Close, who has been convicted, coming there—I never saw him.
MR. BESLEY. Q. Were you present when Mrs. Close came to the shop? A. Yes; she got some money and a pair of boots once when she came—she used to bring some boots sometimes.
WILLIAM DEAR . I am an upholsterer; I have a shop at Knightsbridge, and live at the Pavilion, Ann's-place—I am landlord of the house, 24, Wheler-street, Spitalfields; I believe it was occupied as a shoemaker's shop—my agent had let it—I saw a quantity of boots and shoes there when I went—I remember going there and getting some boots, I don't know exactly how many, but I should fancy from seven to nine pairs; a girl put them up, and took an account of them—I suppose it was the last witness, but it was a dark night in November, and I could not recognise her again—I took them home—a person afterwards came for some, and took them away in a bag—I believe I sent her down to my private residence—certain boots were sent back—I really can't say whether they were some of those I had taken; I merely sent the woman to my private house—I never saw what she took away, or what were left—she came in a cab—she asked me for some money after she returned from the Pavilion; I suppose she had the bag of boots then—she asked me for some money to pay the cab, 5s. or 6s.—she said she
had no money to pay to go back—I did not notice who drove the cab—my wife had the boots that were kept.
Cross-examined. Q. You often took a good many boots for rent, and so on? A. I have done so of a tenant in Knightsbridge, something like 1, 000 or 1, 200 pairs—I have a very large stock of boots by me now—I had never taken any boots from Wheler-street before.
DEAR. I am the wife of last witness—I remember my husband bringing me some boots—I think it was in October—I selected three pairs from those he brought; one pair for myself, one for a child, and one for a servant; the remainder I put into the bag they came in, and gave them to the woman who fetched them—I afterwards gave a pair of boots to Baldwin; I believe it was one of the pairs that I had selected, but I am not quite certain about that—I don't think I had worn them—I had a summons once or twice before I attended before the Magistrate—I was in the country.
Cross-examined. Q. You say you are not certain it was one of those pairs that you gave to Baldwin? A. I could not be positive, because I put them with other boots—I had four or five pain in use, and I was not quite positive about them—I had not four or five pairs in use; they were new boots, they were all together, and I selected these believing them to be those, but I could not be positive; I think they were the boots; the other boots I had were similar leather and elastic sides—I daresay it must have been two months after I took them out of the bag that I gave them to Baldwin.
STEPHEN BALDWIN (Policeman, P 29.) I took the prisoner into custody in December last—I told him I wanted him for being concerned with others, then in custody, for stealing a quantity of boots from Mr. Lyon's, in Sun-street, Bishopagate—he said he knew nothing about it—I asked him if he knew Yates—he said he did—I asked if he had ever had any dealing with him—he said he had not except having a pair of boots repaired—I asked if he had ever sold him any women's boots—he said he had not—I received this pair of boots from Mrs. Dear—I attended before the Magistrate on every occasion during this inquiry—I had to serve several summonses on Mr. Dear.
SIM LYON . I live with my father Emanuel Lambert Lyon, who is a wholesale boot manufacturer in Sun-street, Bishopsgate—we have missed about 500l. worth of property in the last twelve months; about 300l. worth of that was lost by a burglary, and about 200l. worth, we suppose, our errand-boy took from us—we do not sell any boots in London, only in the country; we did formerly sell in town, but ceased doing so about eighteen months ago; our whole trade is now in the country—I see two pairs of boots here—I know this pair; I know it by the make, and more particularly by the number, 3l.; that is the writing of one of our men who made them; they each have their own number—I can swear that these boots belonged to my father—Charles Close, a brother of the prisoner, was in our employment—whilst I was under examination before the Magistrate, the prisoner interrupted me and said that he had also been in our employment—I said "No" then, but I afterwards found that he had made about half a dozen pairs, but not in the house.
Cross-examined. Q. Was not that more than eighteen months ago? A. I can't say; all I can say is that these boots were made by one of our men—I can't say whether any of the people in the country, to whom we send boots, might not have sold them—I don't know that some of our boots are sometimes sent back to London; I should say not—we send out very large orders.
MR. BESLEY. Q. Have you missed boots like these from your stock? A. Yes, several times—I can't say whether they have been sold or not—the 300l. worth lost by the burglary were not boots and shoes, only materials and uppers.
JURY. Q. Is it a usual way of marking boots, in the trade generally, for every man to put a number? A. I believe so—I know this handwriting, and there is another number here that I know, put by the man who cut them—I daresay some of the uppers taken in the burglary were of this description, but that was later; these boots were worn before the burglary was committed.
JOHN YATES . I am a prisoner in the gaol of Newgate—I have known the prisoner seven or eight years—in August last I had dealings with him on various occasions, at his place and my own; the dealings were in boots and a watch and chain—my wife was present twice—on the first of those occasions, I think, I bought either eleven or thirteen pairs; I am not sure which was bought first—he came to me and said, "Jack, will you buy the pogue?"that is, the whole quantity he had by him"—I said I had not got sufficient money—he said, "I have got a quantity; can you go with us where I can sell them?"—I said, can show you who will buy them"—that was all that passed—after he had parted with them, he came and wanted me to go with him to buy a horse and cab; he was going to buy a horse and cab with the money—he said he was going to turn up the shoemaking; he did not say why—I gave 4s. 3d. a pair for the boots—I have no question about having seen these boots before—I gave that price for these—I can speak to these particular boots; there is a mark inside them; I have had ever so many pairs of them—I have noticed the marks inside the boots I have had from the prisoner; I have been in the trade—I should pay a journeyman from 1s. 6d. to 1s. 8d. for making such a pair as this, and the materials would stand me in about 5s.
Cross-examined. Q. You have come out of gaol now to give your evidence? A. Yes.
MRS. DEAR (re-examined.) I got one pair of the boots I had, from Leicester, and the others from different shops in Brompton—the pair I bought at Leicester had elastic sides.
NOT GUILTY .
LEE and BENHAM PLEADED GUILTY .
JOHN BROWN . I keep the George and Ball public-house, in Orchard-Street, Westminster—on Saturday night, 21st February, I closed my house At 12 o'clock, and left everything safe—on the following morning I came Down about half-past 7, and found my front-door about two inches open, the bar all in confusion, a quantity of spirits gone, and 25s. in packets of halfpence and loose money; also from a drawer, some tobacco, cigars, two shawls and a workbox of my daughter's, and two decanters—I know these decanters (produced), I have had them for years; one is cut and the other blown—here is also a fourpenny-piece which I can speak to, which was in the bottom of the silver drawer that night—the thieves had entered by the cellar-flap outside, which was wrenched open; it had been fastened by three
bolts—I know the prisoners; Benham was with me for a short time as potman; he knew the premises well.
WILLIAM BIRCH (Policeman, B 25.) On Sunday, 22d February, I went to the prisoners' house in St. George's-court, Westminster—I found Hopkins in the top-room, sitting on a chair, crying; her eye was bleeding—I asked her who had done it—she said Lee—I found these two decanters in a cupboard and some coppers on the mantelpiece—I asked her whose they were—she said she did not know; they were not hers—I asked how the decanters came there—she said Billy had brought them in in the morning—I asked her at what time, whether before daylight or after—she said before, and they had contained port and sherry—I took her into custody—she was drunk; I had great difficulty in getting her to the station—she kicked and fought tremendously, and bit me on the right arm.
THE RECORDER was of opinion that there was no case at to
HOPKINS— NOT GUILTY .
LEE— Ten Years' Penal Servitude.
BENHAM— Confined Eighteen Months.
Several officers stated that, in addition to Lee having been sentenced to Transportation in 1853, he had since been the constant associate of thieves, as well at Benham.
MR. DICKIE conducted the Prosecution.
JOSEPH GRAY . I live in Camden-road-villas—on 31st January, I borrowed a barrow of Roach—I had occasion to go into Mr. Davies, the auctioneer's, in Basinghall-street, and left the barrow outside—I came out in about fifteen minutes and it was gone—I had noticed the prisoner loitering about the door, with a lot of porters, before I went in.
Prisoner. You are mistaken; I was not in the City that day. Witness. I saw him distinctly; he had a peculiar kind of hat on; I knew him again directly I saw him at Guildhall—I had never seen him before.
JOHN CATES . I am a general dealer, and live 3, Silver-street, Old Gravel-lane—on 31st January, I saw the prisoner in the lane with this barrow—he said things were very bad and be wished he could sell it—I asked how much he wanted for it—he said 30s.—I bought it for 25s.; I paid him 11s. then, and was to pay the rest by instalments; he was to come back for 4s. on the Tuesday following, but he never came—Mr. Roach came on the Friday and claimed the barrow.
The prisoner was further charged with having been before convicted, at the Middlesex Sessions, on 4th November, 1861, of receiving stolen goods, when he was sentenced to Four Months' Imprisonment. To this part of the charge hePLEADED GUILTY.— Confined Twelve Months.
NEW COURT.—Friday, March 6th, 1863.
PRESENT—Mr. Ald. WATERLOW; and ROBERT MALCOLM KERR, Esq.
MR. DICKIE conducted the Prosecution.
JANE DIXON . I have been living with the prisoner as his wife—I live at 2, Bridge-street, Limehouse—on 1st February, we both came home together; he was lying on the bed dressed, and I was lying on the floor at the side of the bed—shortly afterwards he said, "Where are you?"—I said, "I am lying here all right"—he went out into the passage, came back, said that he would kill me, struck me on the head with something very heavy, and I became insensible—I do not think he was quite sober.
Prisoner. Q. Have I ever threatened or ill-used you before? A. You have often beaten me, but never like that—you gave me 25s. on Saturday night; I gave it back to you on Sunday morning, and you gave me a sovereign—I went to market on Saturday night, with money which I got from the lodgers—I laid on the floor when I came in not to disturb you; you know what a temper you are, and I took a pillow and laid there; it is not the first time I have had to do it, and lie there all night—I was not quite sober—I was also hurt on my back and on my hand, but I do not know anything about those blosubpœnaed, because I was insensible—I have lived with you since Easter.
Prisoner. Q. Did you ever know me ill-use her t A. Yes, a great many times.
WILLIAM BAILEY (Policeman, K 328). On 2d February I went to 2, Peel's-place, and saw a great pool of blood in the passage—the prosecutrix was in bed, and the pillow was saturated with blood—I spoke to her, but she could not speak—I saw the prisoner in the passage—he said, "It is I who you want; I am the man; I did it"—I took him to the woman, and then into another room—a doctor came and gave her some brandy, and then she came to herself and was able to speak—she said that she was lying on the pillow, and he on the bed; that he got up and said that he would murder her, and struck her with a chair, which broke, and then with this chair-back (produced).
Prisoner. Q. Did not I show you where my head was cut? A. Yes; you said that you were struck with this (a fire-iron standard).
WILLIAM GILES . I am a surgeon, and licentiate of the College of Physicians of Edinburgh—I was called, and found Jane Dixon insensible—on entering the house there was a pool of blood in the passage the size of a meatplate—I administered stimulants to her, and she rallied—there was a contused wound on the top of her head, a bruise on the inner part of the left arm, one of her knuckles was broken, and her back was scratched over the lower two-thirds—she said, in the prisoner's presence, that she was lying on the floor on a pillow, and the prisoner got out of bed and said, "I will murder you," and beat her with a chair till she became insensible—the only remark the prisoner made was, "She cut me on the head "—she was unable to leave her bed for ten days—I think it was done with this chair-back—this piece of a fender would be more likely to make an incised wound.
Prisoner's Defence. I have worked hard to keep her since Easter. She came home drunk, and laid on the floor. I asked her for some victuals, and she said there were none. I said, "Then I must have some money." I put my hand in her pocket to get some money, and she took this thing and cut me on the head, and then I threw her down, and her head was cut.
GUILTY .— Confined Two Years; the fourth, eighth, and twelfth months of each year solitary.
MR. WILLIAMS conducted the Prosecution.
BENJAMIN MOSS . I am a furniture-dealer, of 3, Mellor-place, Kensington—on 21st November the prisoner, who owed me money, came and said, "If you can get this bill discounted, you can have a portion of the money to go off my account"—he said he had got an order at Brighton, and was short of money, and if I could spare him some he should feel obliged—I advanced him 3l., 4l., and he had altogether 8l. 5s.—the bill is for 14l. 11s.—it purports to be accepted by Mr. Ormsby—I had another bill transaction with the prisoner last February twelvemonth, supposed to be accepted by Mr. Ormsby—I went to Mr. Ormsby with the prisoner—he said, "You had better wait outside while I go in and see Mr. Ormsby, because the last bill he had his wife heard of, and it caused a misunderstanding"—he came back and said that Mr. Ormsby had not returned from the City—I afterwards received a letter, signed "Ormsby," the same as the signature to this bill—I have not got it—this "William Morriss" at the foot of this bill is the prisoner's writing.
Cross-examined by MR. HAWTHORNE. Q. How long have you known the prisoner? A. About fifteen months—he is a working upholsterer, and I am a furniture-broker—I have had a good many business transactions with him, but he has only brought me two bills—they purported to be signed by Mr. Ormsby—I never applied to the prisoner to get me accommodation bills in my life, nor to any one, and I never put my name to one—Mr. Barnes is a grocer facing me—I had a dishonoured cheque for some goods I had sold to a mining company in the City, and I took it over to him—Mr. Barnes cashed it for me, and passed it through his bankers, and it was returned—I was indebted to Mr. Barnes 10l.—I asked him if he would take the cheque and deduct his bill to pay himself—upon my oath, I did not apply to the prisoner in the difficulty I was in about the dishonoured cheque, that I might settle with Barnes—I had not seen the prisoner for some considerable time—any bill transactions I have had with the prisoner have always been paid, but not very punctually.
MR. WILLIAMS. You were unfortunate enough to take a cheque and Pay it to Barnes, which was afterwards dishonoured, and you had to pay Barnes? A. Yes—I have received two bills from the prisoner, one in February and one in May last, both of which were honoured—there is a third standing, which is not paid.
COURT. Q. On those two former occasions, did you inquire whether the acceptance was genuine? A. No; I thought I could not be wrong in inquiring about the genuineness of this bill, because the time that had elapsed since the last bill was so long that I thought Mr. Ormsby had moved—I advanced the money on this bill because the prisoner said that he was pressed, having a job at Brighton—I consider all bills bad debts till they are honoured—I first discovered that this bill was not signed by Mr. Ormsby a few days before it became due, by the prisoner coming and getting some goods of me worth 11l. or 12l., and selling them for one-third of the money, which awakened my suspicion—I took up the 14l. 11s. bill when it became due.
WILLIAM HOW ORMSBY . I live at 24, St. Petersburgh-place, Bayswater—this acceptance is not my writing—I am the only person of that name in Bayswater—I have no brother there—I gave no person authority to accept bills in my name—I have had bill transactions with the prisoner for goods
I bought of him, but none since September last, when he was bankrupt—before his bankruptcy I accepted two bills for goods I bought of him but not accommodation bills of any kind.
Cross-examined. Q. How long have you known the prisoner? A. for the last five or six years, and up to 1862 he got his living in a very respectable way—I employed him to do work for me repeatedly.
FRANCIS SHARPE . I live at 18, Fieldgate-street, Whitechapel—on 24th January I was in the prosecutor's house when Mr. Ormsby called—the prosecutor came in about two hours after Mr. Ormsby had gone, and in the prisoner's presence Moss asked what Ormsby had said—"I told him that Mr. Ormsby had been down to the bank, and stated that the bill was a forgery"—he said that it was his brother—Moss said, in the prisoner's presence, "Well, we had better go up and see if he has got a brother"—we went to St. Petersburgh-place, and before we got to the door the prisoner said, "You and Frank had better go in; I will stop here"—we said, "Oh no"—he said, "You go and knock, in case Mrs. Ormsby should come to the door"—I knocked; a servant came, and I asked if Mr. Ormsby was at home—she said, "No, Mrs. Ormsby is"—Mrs. Ormsby came to the door, and said, "That is the vagabond! he ought to be transported"—we said that we had better go to the station, and see if it was all right—the inspector said that he could give him in charge if he thought proper, and he was given in charge.
Cross-examined. Q. From whom did you get it? A. From Mr. Moss—I also changed a cheque for him, which was dishonoured, and I told him that at his convenience I should be glad if he would pay it—that was a fortnight or three weeks after it was taken—I gave him the difference between the cheque and the bill—I took the bill as for 10l.—it has not been honoured—I hold it now, but have given it up to the officer—I have received 5l. on account of it from the prisoner's wife—that was about a week after it became due, and after he was taken in custody.
MR. WILLIAMS. Q. Since you have received that 5l., have they been to you to demand it back again? A. Yes.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
MARY MARTIN . I am the wife of Joseph Martin, of 1, Glasshouse-street, Whitechapel—on Saturday night, 3d January, I went into the Sir Sydney Smith public-house, Dockhead, and saw the prisoner there drinking—she gate the pot to a woman who went in with me, and told her to hand it to me—I said, "I do not want it, thank you"—I drank, and gave it back—I went home, and the prisoner came in about 1 o'clock—she said nothing, but hit me a heavy blow with a glass on the head; it knocked me senseless—I ran out for a policeman, but could not find one—I called through the window, and then went down stairs, and can recollect no more, as I became insensible—I next found myself in the London Hospital—I am sure it was with a glass—she has struck me before with a glass, and had six months' imprisonment for it—she swore, since she came out, that she would have three swings on the gallosubpœnaed for me.
Prisoner. Q. What public-house did you go to after you came out of the Sir Sydney Smith? A. Into no public-house at all; it was 12 o'clock—I did not leave your young man in my room while I went out for drink—I did
not have a row with the young man, nor did he hit me—I saw Patsy Sweeney when I went out for some beer, but be never hit me—all the drink I had that night was a pot of beer between three.
COURT. Q. How long were you up stairs before the prisoner came? A. About an hour—she wanted to hit me, and went down stairs, and came back in twenty minutes—I had not got the door locked—I asked who was there—she did not answer, but rushed over to the bedside, and hit me with the glass, saying, "Take that!"—I had not been out from the time I came home, it 11 o'clock—I met Patsy Sweeney before I went to the Sir Sydney Smith—I did not go out for beer at all, because it was too late to get any—I was perfectly sober, and so was the prisoner—when she came to hit me, I hallooed out, "Annie Sullivan, don't murder me!"—I walked down stairs; I didn't slip down, but I fell when I got to the bottom, because I was insensible and bleeding.
MR. LANGFORD. Q. Did she hit you with the glass more than once? A. Only once that I know of—she said, "Take that, you cow!"
ELIZABETH BURKE . I am the wife of James Burke, of 39, Glasshouse-street, about thirty yards from Mrs. Martin's—on this Sunday morning, between 1 and 2 o'clock, I heard cries coming from Mrs. Martin's house of "Murder! murder! police! Annie Sullivan, you have killed me and my child!"—I saw a woman run from the corner up Garden-court, and next morning, between 9 and 10 o'clock, I found the middle part of a tumbler (produced) with lots of blood on it; I gave it to the serjeant—it was swept out of No. 1, Garden-court, with some sawdust, when I went for the milk.
NICHOLAS POLYBLANK . I am the landlord of the Sir Sydney Smith, Dock-street—on Saturday night, 3rd January, I saw the prisoner and prosecutrix drinking at the side-bar—I turned them out at about twenty minutes to 12, and would not draw any more beer for them—they had not had too much, but I generally make it a rule to clear my house at twenty minutes to 12—next day I missed a drinking-glass—I am able to identify this broken piece; my name is on it—the women appeared to be good friends—they were there about twenty minutes.
CHARLES STAGGLES (Policeman, 164 H). On this Sunday morning I found somebody bringing Mrs. Martin along Glasshouse-street nearly insensible and smothered in blood—she said that Ann Sullivan did it—I went to 3, Garden-court, and the prisoner jumped out at the window and ran about 500 yards—I caught her, and charged her with assaulting Mary Martin—she said she did not know her, and then she said that she did—I took her to the station—I went into Mary Martin's room, and found a piece of glass there smothered with blood; it matches the other piece—I took her to the hospital.
FRANCIS KELLY (Policeman, 130 H). Mrs. Burke gave gave me part of a tumbler with stains of blood on it—I went into Mary Martin's room; it was smothered with blood, and there was a pool of blood at the bottom of the stairs where she had lain.
JAMES JACKSON . I am one of the house surgeons of the London Hospital—Martin was brought there completely insensible; she had lost a considerable quantity of blood—there was an extensive lacerated wound on the top of her head—the skull was bare; the membrane covering it was completely torn off; there was very great hemorrhage, and she was pulseless—the blow was struck with great force—this glass is a likely instrument to produce the wound—it was as severe a wound as it could be without fracturing the skull,
and was calculated to do great bodily harm—she was upwards of five weeks in the hospital.
COURT. Q. Might the wound be produced by falling on the stairs or against the railing of the house? A. No, it is not possible.
ELLEN DRISCOLL . The prosecutrix is my landlady—I went into her room on this night, and said, "Where is the light?"—she said, "Annie Sullivan took the candle and candlestick"—I said, "That is nothing; I will go and fetch a candle—I took the baby is my arms, as it was screaming, and laid on the bed with it—the prisoner came into the room, and I heard Mrs. Martin run out at the door after Ann Sullivan, who hit her, and Mrs. Martin said, "Annie Sullivan, you have killed me!"—as the prisoner went down, she said, "Take that now, you cow!"—I went down, and Mrs. Martin was lying outside in the court smothered with blood—the assault took place in the room with a glass, which broke; I heard it fall, but did not see it—she only hit her one blow in the room—I screamed out, "Murder! what a shame to kill the woman!"—the glass broke just as she said, "Take that"
COURT. Q. Was Martin sober? A. I do not know, for I had only just come into the room—I had not been in their company that night—I saw no fighting—Martin followed Sullivan out of the room—it was not the door banging against Martin which she said nearly killed her; it was the hanging of the door which made me jump up—Sullivan left the door open, and Martin followed her out, and banged it after her—I saw blood against the window and all over the room.
Prisoner. Q. Who was in the room when you came in first? A. Nobody but herself and the child; she was standing by the window—there was no candle or fire; the window was open—I never saw Patrick Sweeney in the room, or on the stairs, or any other place—I did not hear that there was another young man and woman in the room.
Prisoner's Defence. When Mr. Polyblank would not serve us, we went to the Blue Peter, where Martin fell into conversation with a young man, and drank with him—he wanted to treat us, but the barman would not serve us, and Martin said that she would get a half-gallon can and take it to our apartments and drink it there—she went out for the beer, and the young man went out to see where she had gone with his money—the candle burned down and I was in the dark—I looked out of the window and saw Martin in Crown-court crying—she would not say what was the matter—there has been an old grievance between us since last summer, when we had a row, and she punished me for it—I am not guilty.
GUILTY of maliciously wounding .— Confined Six Months .
THIRD COURT.—Friday, March 6th, 1863.
PRESENT—SIR FRANCIS GRAHAM MOON, Bart. Ald.; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. DICKIE conducted the Prosecution.
was passing along Fann-street, in the City, and heard cries of "Murder!" and a breakage of glass—I went into the house, and up stairs on to the first floor landing, with a light in my hand—I saw the prisoner; he came out of a room with a poker in his hand, and was going to strike me on the head—I put up my hand to save my head—he did not say anything that I heard—I was knocked down stairs, with a few more men who were up there—I went to the hospital some time after; the bone of my hand was broken, and my knuckles forced back—I am still attending at the hospital.
Cross-examined by MR. KEMP. Q. Was it dark at this time? A. It was—several other men went up stairs with me—I got a candle from the public-house opposite—I don't think there was any candle burning inside the room—I did not see a Mr. and Mrs. Dickson there—I have not seen anybody to-day about the court who was there—I have seen the prisoner's wife here all the week—I put my hand up to defend my head, when the blow was coming; that was the blow by which my hand was broken—the poker came on my hand; it did not touch my head; I did not feel my hand broken at once—I immediately fell down the stairs—I found my hand broken before that; it dropped useless by my side—I fell on my right side; my hand was not underneath me—I have been examined by Surgeon Bert at the hospital; he is not here—the bone of my hand is broken, and the knuckles forced back; I should call it a break—there was no wound on the surface; it did not bleed—other people fell with me, but I went by the blow—I did not knock them down by falling; they had not hold of my coat—one of them, John Mills, is outside; he went up with me—the landlady shouted out to me and I went up; she is not here—I have not been to this place since—I did-not receive more than one blow with the poker that I am aware of—the prisoner was not pushing people back with the poker; he was striking violently with it, the same as a man might use a sword or anything, striking about.
JAMES MILLS . I live at 19, Hanwell-street, St. Luke's—on 25th February, about 9 o'clock at night, I was passing along Fann-street, and went into this house and went upstairs, with Butler, on the first-floor—I heard cries—I saw the prisoner strike him with a poker; the blow fell on his hand—I saw him raise his hand to preserve his head—I did not see what occurred after that, because I was knocked downstairs—several of us fell down stairs—the soldier was not doing anything at all to the prisoner—the room-door was open.
Cross-examined. Q. Were you in Court whilst I was examining Butler? A. Yes—I don't know a Mr. and Mrs. Dickson—I have not seen them here—there were several people there at the time—I did not go inside the prisoner's room—I saw his wife with a child in her arms—I don't know whether there was a fire in the room; I think there was a light burning—the prisoner seemed excited—the soldier had his hand a little above his head—I think his hand was knocked down upon his head—I saw his hand fall—I was not struck with the poker—the prisoner did not push me back with the poker—he did not say, "Get out"—There were persons on the stairs when I got up.
GEORGE GORDON (City-policeman, 129). I took the prisoner into custody on 26th February, at 12 o'clock in the morning, and told him he was charged with assaulting a man with a poker, and breaking his hand—he made no reply at that time; he appeared very obstinate—he afterwards said, "If it had not been for her" (meaning his wife), "it would not have been done"—nothing was said about his room; he was very quiet—he made the same remark to his wife at the station-house: "It is all through you, or I should not have been here."
Cross-examined. Q. Did not he say, "If they had not broken into my room, I should not have done it"? A. No; I will swear that—(Mr. KEMP put in the witness's deposition, in which he stated that the prisoner said he should not have done it, if they had not broken into his room)—I have no recollection of saying that—it was put down after I was out of the Court.
COURT. Q. Was it not read over to you, and were you not asked whether it was correct, and said, "Yes"? A. I have no recollection of saying that—the words I mentioned were what I recollect he did say.
GUILTY of a common assault .—Recommended to mercy by the Jury, believing that the assault was committed when in a state of excitement. Mr. Samuel Bromley stated that the prisoner was in his service twelve years, and was always a temperate well-conducted man.— To enter into his own recognisances to appear for judgment when called upon, and to keep the peace towards the prosecutor for twelve months .
MR. GENT conducted the Prosecution.
FREDERICK HARRISON HITCHINGS . I live at East Sunningdale—the prisoner was coachman to my father, Mr. Robert Hitchings—about 16th February I found him at the police-station—I had instructed the police to arrest him; it was on a charge of taking money—we have sometimes been in the habit of sending him to town to pay bills for us—there was one bill of 5l. 13s. for some money due to Messrs. Geoghegan and Doucet—I received a bill from them, which I had reason to believe had been paid through the prisoner—I found amongst my receipted bills a copy of that bill, with a receipt at the bottom of it; the sum was 5l. 13s.—it has never been paid—having found that bill I enclosed it in an envelope, and sent it to Messrs. Geoghegan and Doucet—I received this bill from Miss Medley—I never gave any money for the payment of that bill to anybody, because it was paid with some money of my mother's, which was in the possession of Miss Medley—I made a communication to the prisoner about this bill it the station-house—it bad been shown to him—he said that he had paid it—he did not mention the amount—he mentioned the name of the shop—he said my shirtmaker's in Regent-street—he said he knew nothing about the other bills.
Cross-examined by MR. LILLEY. Q. The prisoner had been coachman to your father for upwards of thirteen years, had he not? A. Yes; he had maintained an honest character during that time—I never addressed him on the subject of this account until he was in custody—I received a communication from Miss Medley on the subject of this bill about a month prior to his being given into custody, I think—I know the character of the prisoner's handwriting—I believe this receipt not to be in his handwriting—he said at the station that he went with the carriage and paid the bill, and some one came out to him, from the house, and that he did not personally remove from the box at that time—he also added that he had mentioned the matter to Miss Medley.
FRANCES HENRIETTA MEDLEY . I am living in the house of Mr. Hitchings, of East Dulwich, and was there at the time of this transaction—about the beginning of July last I gave the prisoner this bill and some money—I cannot recollect whether I gave him 6l. or just the amount; if I did he brought me the change back—he was to pay the money at the shop mentioned on the bill whenever he went to the west-end of the town—he afterwards brought me back the bill receipted, as it is now, with a receipt stamp
on it—he made no observation to me at that time about it, not till after Christmas, when another bill, for which I gave him the money to pay in October, was sent in again to Mr. Hitchings—he then said to me, "I have been going to ask you two or three times, has Mr. Frederick Hitchings had a second bill from this shop in Regent-street?"—I said, "I can't tell, as be lives in the country; he might have had, but I cannot tell you"—he said, "When I went to pay that bill in Regent street, some one came out and received the money; I did not get off the box; somebody brought me the bill out receipted, went away, and did not return to the shop"—that conversation had reference to this bill.
Cross-examined. Q. I believe you have been many years in the establishment of Mr. Hitchings, Senior? A. Yes, thirty-three years—I was there as governess, and have been there ever since—there are four female servants, a gardener, a labouring-man; no helper in the stables, only a coachman—I generally pay my housekeeping-bills through the cook—no other person in the establishment pays the bills—I never at any time sent any of the female servants; I am quite sure as to that—the cook pays the tradespeople, but they all come to the house—I give her the money, and she pays—sometimes the prisoner would not pay a bill for months together, and sometimes two or three in a week—he may have paid more than two dozen bills in the course of a year—I generally saw him myself personally—I recollect seeing him about this bill of Geoghegan And Doucet's—I handed him the money wrapped up in an envelope—I did not always seal it; I did occasionally—I don't think I did on this occasion—I dare say he had the bill a week in his possession—the housemaid from time to time brought me up bills which the prisoner had paid—I cannot pledge my oath that she did not bring this bill up to me—Mr. Hitchings, Senior, has always been a very kind and liberal master to the prisoner—he has a wife and six children—I should think my attention was called to this subject about five or six weeks before Mr. Frederick Hitchings gave the prisoner into custody, as far as I can say—I have not from time to time employed the gardener to pay some bills—he has not paid any since I have had the control, for the last five years and a half—the prisoner was employed to go to the banker's sometimes, and bring home cash—I can't remember when that has been—he did so from time to time—it is within my knowledge that he was entrusted to discharge other amounts on behalf of Mr. Hitchings, such as Mr. Stapleton's, the jobmaster's, and other tradesmen to a considerable amount, but that was by cheques.
MR. GENT. Q. Can you tell, when you received that bill again; how long after you had given it to the prisoner? A. It might have been the same day, or a few days afterwards—I can distinctly remember giving the prisoner the money to pay this identical bill.
BERNARD SCOLES . I am clerk and cashier to Geoghegan and Doucet, shirtmakers, of 178, Regent-street—these two bills come from our establishment—they both relate to the same sum, and same goods—the receipted one bears date 23d July, 1862; that has not been paid—I was at my post on that day—any money paid by any customer would come through my hands—this 5l. 13s. was not paid on that day—I did not sign this receipt, not having been paid the money—the receipt is not the handwriting of anybody in our establishment—I did not go out and give it to the coachman—the name Geoghegan has been spelt incorrectly, and been altered.
Cross-examined. Q. How long have you been in the establishment? A. Three years—there were about eight persons in the establishment at the date mentioned here—four or five of those persons might have gone to a
carriage that drew up at the door—I have no recollection of 23d July except what I have derived from the books.
MR. GENT. Q. Was it the duty of either of those eight persons to receive money? A. Not any of them—I can positively say that that money was not paid on that day.
WILLIAM FINCH (Policeman, P 396). I took the prisoner into custody, showed him this bill, and told him he was charged with robbing his master—I cautioned him in the usual way—he said, "I have got nothing say; I know nothing at all about it."
The Court considered that there was not sufficient evidence to go the Jury.
NOT GUILTY .—There were two other indictments against the prisoner, upon which no evidence was offered.
MR. GENT conducted the Prosecution.
JOSEPH FREWING . I am an engineer, living at Liverpool-street, Walworth-road, Surrey—in March last I was recommended by a clerk to put some law business into Mr. Jay's and the defendant's hands—I gave my papers to Mr. Bevan, who told me he was a clerk of Mr. Jay's, to take to Mr. Jay's office—I never saw the defendant until after the writ was issued; my man went and served it—I went to his house at Lambeth lots of times—I don't know when I went first, because I have not got the letter—he told me Mr. Jay was his partner; that was at Westminster, not at his house—he came to Westminster to take down what one of my witnesses was going to say, and then said that he wanted 5l. to carry on the lasubpœnaeduit—that was some time last summer—I received this letter, dated December 27th, from him—I know his handwriting—that was long after the conversation at Westminster.
MR. LANGFORD. Q. You say you know his handwriting; when did you see him write? A. I saw him write this receipt (produced); that is the only time.
COURT. Q. Did you afterwards see him on the subject of the letters? A. Certainly I did, or I should not have paid any money—(letter read: "52, York Road, 27th December, 1862. Dear Sir (Yourself v. Pentecost), Cooke served us with a notice yesterday to proceed, or he should enter a nonsuit; therefore you must get some money on Monday, without fail. Let me see you to-night; I shall be at home from 4 to 6 this afternoon. Yours truly, J. W. Littlewood."
MR. GENT. Q. Did you see him after the receipt of that letter? A. Yes, and paid him some money—I paid him 14s. myself on the Thursday night, and my wife paid him 3l. on the Saturday, making 3l. 14s. and then he had no more till he had the 6l. 8s.—I was not at home when my wife paid the 3l.—he came down for it—this letter (produced) is dated December 31st, in the defendant's handwriting—it is the last letter that I received—in consequence of that letter, I paid him 6l. 8s. 6d. myself—(Read): "52, York-road, December 31st, 1862. Dear Sir, as I did not see you last evening, I write to inform you that Cooke has given me until Thursday morning, and unless I am prepared by then, he must sign judgment for want of proceeding, therefore let me see you this morning, between 12 and 1. Yours truly, J. Littlewood." I paid him the 6l. 8l. 6d. at the Girdler's Arms; a 5l. note, a sovereign, and the rest in silver—at that time he gave me this receipt for the two sums together—(read:
"7th January, 1863. Memorandum of the payment of 10l. 2s. 6d. on account of fees in Frewing v. Pentecost. J. W. Littlewood")—when I paid him the money, he said he was going to pay the counsel's fees, and the 3l. 14s. was for the purpose of putting the case in the paper—I don't understand law much—he said, "It will soon be settled, now I have got the money;" and so it was, for I never saw him any more—I should not have paid the money if I had not believed him to be a partner of Mr. Jay's—I paid him the money on these letters—I expected he was going on with the case—I believed he was concerned in conducting this action, as a solicitor, with Mr. Jay; that they were in partnership, and were going on with it—I only went once to Mr. Jay's office—I saw his name there and the prisoner's also—the clerk, as I supposed he was, made an appointment to meet me there, I think, about last March—I found out afterwards that he had nothing to do with them—when I got up to the office there was Mr. Littlewood's name stuck upon the door, on a piece of paper; I expect it was taken down as soon as I went away—I should not have paid this money unless I had believed that it would be applied for the purposes of the action—I have been applied to since for money by Mr. Jay—I went to his office and he said he knew nothing about it—he said, "I will carry on the action if I have money"—I have not since paid any money; I paid one lot, and I will pay no more.
Cross-examined by MR. LANGFORD. Q. You had some cause of action against Mr. Pentecost, had you? A. Yes, last March—Mr. Bevan lives, I believe, not a stone's throw from my place—I had known him a long time as a solicitor's clerk—he came to me—he used to come backwards and forwards—he knew I had done the work for Pentecost and not got the money—I gave Bevan my papers to take up to Jay and littlewood, and he brought me back the writ—I never saw Mr. Jay till last month, since these proceedings—the 11th of November is the first date that I received a letter from Littlewood, which I have not destroyed—I had several before that, but I destroyed them—the other letters were written from Lambethsquare; he moved—I never saw the defendant till I saw him at Jay's office, and then I did not know him again till I saw him at Westminster—I don't remember the date of the first letter I received from him—the date when the action was commenced must have been about 22d or 23d March—I paid the 3l. 14s. in the middle of November—it must have been after the first letter came; these others follow after—when I saw Littlewood at Jay's office, I asked him how he was getting on—he said he expected it would be settled without bringing it to a trial—he then said that he must go and see my witnesses, and after that I did not see or hear any more of him—that was all that was said as far as I can recollect—I did not stop more than two or three minutes in the place—that was in March last—I saw Littlewood again, I daresay, a month or six weeks afterwards, at a public-house close against Westminter Hall—nothing was said by me then—he went into the parlour with the witnesses and Bevan—I don't know what occurred—he and Bevan came out, arm-in-arm, and Bevan said to him, "You will want 5l. won't you?"—he said, "Yes;" and said tome, "You must try and get it next week"—I said I would if I could—that was all that was said then—the next time I saw him was at Lambeth-square—I went there in consequence of a letter he wrote to me—he told me to come up to his house, I should think, fifty times—I went about once a week, or more, and he asked me for money—I did not pay him any money from that time till November—it must have been in November that I paid him—I am sure
it was not late in December—the 6l. 8s. 6d. was paid on the date of the receipt, 7th January, 1863.
MR. GENT. Q. Look at that letter of 27th December: did you ever pay him any money till you had that letter? A. Yes—at every place that I saw him, he told me he was Mr. Jay's partner; he told me so at Westminster.
MARY ANN FREWING . I am the wife of the last witness—I remember just before Christmas, I think in December, paying the defendant 3l. for my husband—I won't positively say when it was; to the best of my recollection, it was just before Christmas.
CYRUS JAY . I am a solicitor, and have chambers at 10, New Inn, into Strand—I know the defendant very well—I have known him some little time as a solicitor—he has not a certificate; I did not know that, when he came to me, only that he was very poor—in March last he spoke to me about issuing a writ against Pentecost, at the suit of Frewing; and I took out the summons in my own name, changed it to my own name, and brought the action in my own name—the date of the writ is 8th October,—I was to be the attorney to conduct the action; that was agreed upon—we were working together in that and two or three other things—I brought the action and issued the writ in my name, in the Court of Common Pleas—I gave notice of trial in Easter-term, I believe (here is the notice), and then gave a fresh notice of trial these last sittings—I had no money from the plaintiff—I wrote to Frewing, to tell him I must have money to go on with; and he came and told me he had already paid 10l., and he should not give me any more—that was in January of this year—I did not receive a sixpence from Littlewood in this case—I never had a shilling of his money—I did all the business, he did nothing—Frewing was at my chambers several times—Bevan was not my clerk—I don't know whose clerk he was—I never knew of any letters being written, or any money being obtained—the prisoner's name was written up on paper against my door—I was away ill for some time, and I gave him the key; Mr. King, my clerk, was there—he has been with me thirty-five years—I tore the name down, because they will not let any two persons have chambers and put up two names—the defendant was never a partner of mine.
COURT. Q. What do you mean by your being jointly concerned in several cases? A. Mr. King brought him to me and said he was very poor and was in several actions, and I said I would go on with them—I went on with three of them; that was all I had, and never got a farthing from him; I never got a farthing of costs—there were lots of prosecutions in my name—I have been fifty-four years an attorney, and during no part of that time have I been a partner with the prisoner.
Cross-examined. Q. You are willing now, I hope, to give credit to Mr. Frewing for the money? A. Yes, I have no prejudice; I am the only sufferer—I am willing to give Mr. Frewing credit for the 10l. that he has paid and carry on his suit—Mr. Littlewood is a gentleman, a respectable man—he was my clerk for a short time while I was ill; he was not my agent—I don't remember his bringing a blind, with "Littlewood" on it, from Lincoln's-Inn-fields—I have no prejudice against him—his name was only up on a card against the door for a short time.
GEORGE FREDERICK COOKE . I am a solicitor, of 3, Serjeants'-Inn, Chancery-lane—I remember an action being brought by Mr. Frewing against my client, Mr. Pentecost—I acted as defendant's attorney on that occasion—I am aware of the contents of these two letters, of 27th and 31st December
—I never wrote to, or gave the defendant notice that I would sign judgment unless he proceeded—I never served notice on the prisoner that he should proceed, or I would enter a nonsuit—I did not, subsequently to 27th December, give him further notice, that unless he was prepared by Thursday morning I would sign judgment for want of proceeding—I never knew the defendant at all as acting in the matter—Mr. Jay was the plaintiff's attorney, as far as I knew; and any papers, or anything relating to the action, went to Mr. Jay—the proceedings were all in Mr. Jay's name.
Cross-examined. Q. What was the state of the case, was it ripe for trial? A. The issue would have been joined so long ago as last Easterterm, and notice of trial had been given in that term—Mr. Jay has wished me to refer the case several times, but I have not consented to do so; I have not made up my mind to refer it yet.
COURT. Q. You did not conduct these proceedings personally yourself; your clerk did, I suppose? A. My clerk did up to about the end of the long vacation—he left me just after the vacation; therefore, I was really managing my own common-law proceedings myself—this has been at issue a long time.
NOT GUILTY .
THIRD COURT, Tuesday, March 3d., 1863.
Before Robert Malcolm Kerr, Esq.
509. THOMAS HOWITT (44) , Unlawfully causing to be exposed in Leadenhall-market 400 lbs. weight of beef, unfit for human food; Three other Counts for exposing, sending, and consigning the same; and Fifth Count for attempting to expose the same for sale.
MESSRS. SLEIGH and POLAND conducted the Prosecution.
ROBERT KNOWLES . I am a veterinary-surgeon, at Wisbeach—on 13th January last I was called to see a bullock belonging to Mr. Chamberlain, a farmer, at Labington—I went there, and found an animal somewhere about three-and-a-half yearsold—it was hoven—I attended it till the 22d—I gave it physic and various things—I gave a great part of it myself—after about three days I considered that lung-disease had set in—if it had been in good health, the value of the animal would have been about 15l. or 16l.—in the state in which I left it, I should think it was only fit to be boiled for dogs and cats' meat—I should consider it was not fit for human food—I had punctured it—I ceased to attend it on the 22d, because I thought it was hopeless.
Cross-examined by MR. RIBTON (with MR. COLLINS.) Q. Do you call it hoved or hooved? A. Hoven, blown out, full of gas—it is through distension of the stomach, through fermentation occasioned by the physic taken in—it is commonly called "blown"—mangold-wurzel, I believe, was the cause of it.
JOHN CHAMBERLAIN . I am a farmer, and reside near Wisbeach—in the early part of January I had an ox, between three or four years old, which became ill—I communicated with Mr. Knowles on 13th January—it was hoven—previous to that it was in a perfect state of health, and was worth about 16l.—Mr. Knowles attended it to the 22d—I sold it to Robert Baxter, a licensed slaughterer, on the 30th, for 30s.—it was then alive—it was in a very emaciated state, and appeared to be suffering very much indeed—it was in great pain for twenty-four hours before.
ROBERT BAXTER . I am a horse-slaughterer, at Walsoken, Norfolk—on 30th January I bought a bullock of Mr. Chamberlain for 30s.—I killed it—the hide was worth about 15s.—it appeared to be suffering a great deal of pain when I killed it—I know the defendant—he is a butcher and pig jobber at Walsoken, and does several things for a living—I left word at his house that I had a good beast, and had no means of boiling it at present—he came down, and said he had come to look at the beast—I showed it to him as it lay in the cart—he examined it and asked what I wanted for it—I told him the beast laid me in about 2l.; if he liked to give me that, and return the hide, he should have it—I told him I had no means of boiling it down; that my copper had burst, and I was waiting for a new one—I said I had no means of boiling it down for cats' meat; I said either for cats' meat, or in the regular way of trade, I don't know which—the animal had been pricked in one place—he asked me what had been the matter with it, and I told him Mr. Chamberlain said it had been very much hoved, and had been pricked, and had been in very great pain after it was pricked—he bought it, and it was taken to his premises—he came for it, and it went away in my cart with him—next morning I was passing his house, and he told me that he had opened the beast, and when I saw Mr. Chamberlain I could tell him that they had found a large ulcer under the kidney, where it had been pricked, and that it had disease of the lungs—he took me to the backyard, and showed me one of the lungs in his copper—I saw that it was diseased—one-half of the lobe of the lung was hanging up in the shop; it was of a very dark colour, quite without air, and flabby.
Cross-examined. Q. Will you swear that you used the expression "Cats' meat" to the prisoner at all? A. I did when I called at his house, and I believe I did when he came down—either "cats' meat" or "the regular way of trade," it is one and the same thing; I can't swear positively to the one or the other—I never make sausages—I did not know that it had lungdisease when I bought it, or when I sold it to him—what I told him was that it was hoved; that means that it was blown with wind—I suppose that would not make the meat bad—I knew it was hoved and pricked when I bought it—I had no means of knowing anything except what I was told when I bought it and sold it—when cosubpœnaed eat too much clover they get blown, and sometimes you are obliged to kill them—that does not make the meat bad—I believe I once ate a rump-steak of a cow that had been blown by clover—I don't think I should mind doing it again from what I remember of it.
WILLIAM BURRIL . I am salesman to Jefferis and Son, of Leadenhall-market—on 2d February I opened two packets of meat that were sent from the country—this paper was attached to one of them—I saw the meat was not very good—I gave the note to Mr. Jefferis, and immediately after that Mr. Wylde was called in and saw the meat, and it was taken away—it was taken out of the pack, and placed on the ground in the market—it was packed in the ordinary way in which butcher's meat is packed when sent up for sale.
HENRY JEFFERIS . I am a salesman in Leaden hall-market—the last witness is in my service—on the morning of 2d February I saw two quarters of beef in my shop—it was hanging in a part of the shop where meat is hung till the inspector sees it—it was not exposed for sale in the ordinary way—Wylde passed by and took possession of it—I did not examine it sufficiently to say whether it was fit for human food or not.
Cross-examined. Q. Where did you see it first? A. Lying down outside, and I ordered it to be put aside—it was never exposed for sale at all.
SYDNEY RAWSON . I am in the employment of Mr. Fitter, meat-salesman, of Leadenhall-market—on the morning of 2d February, 1863, I assisted in unpacking two quarters of beef, which had been sent from the Eastern Counties Railway—we hung them up outside the shop, where we always hang those sort of things for the inspector to look at—I believe he was immediately called to see it—it was not exposed for sale—it came from Mr. Howitt, of Wisbeach—the paper was on them with the name on it—Wylde took possession of the two quarters—I did not see him do so.
HENRY SEEKINGS FITTER . I am a meat-salesman in Leadenhall-market—on the morning of 2d February, I saw two quarters of beef lying on the ground in the market, where the country meat is always placed—I had my suspicion of them, and ordered the man to put them up on one side—I called Mr. Wylde's attention to the meat as he was passing—I knew where it came from—I did not take notice of the label.
WILLIAM WYLDE . I am one of the inspectors of meat, appointed by the Commissioners of Sewers—on the morning of 2d February, my attention was called by Mr. Fitter to two quarters of beef—I found the ribs inflamed, and the flesh smelling very strong, and rather wet—in my opinion it was totally unfit for food, and I condemned it accordingly—Dr. Letheby subsequently examined it—in the course of the morning, I want to Mr. Jefferis, and examined two quarters of beef there; they were in a very bad state—the ribs of the fore-quarter were worse than the ribs of those seized at Mr. Fitter's—in my judgment it was decidedly not fit for human food—they were corresponding quarters which I examined at each place—I subsequently went down to the neighbourhood of Wisbeach, where the defendant lives—I took the paper with me—I found the defendant—he carries on business as a butcher and pig-dealer—he has a small shop—I told him I was an officer from London, and had come about some meat seized in Leadenhall-market; he was to be careful what he said, as I should have to use it in evidence against him—I then had a conversation with him, and wrote down in his presence a memorandum of what occurred, which he signed—this is it (Read: "I took four packages of beef to the station on 31st January. The note (produced) was inside the pack; the bullock I bought of a man named Baxter, of Walsoken. I and my man dressed it at Mr. Rutherford's, a butcher at Wisbeach. I saw nothing to hinder it being used for human food. I paid Mr. Baxter two sovereigns for the animal, and returned the hide")—this is the note I took down to Wisbeach, and showed the defendant (Read: "January 31st, 1863. Sir, I have sent you two quarters of bee. From T. Howitt, Wisbeach, to J. T. Jefferis, London")—I showed the four quarters of beef, which have been spoken of, to Mr. Davidson, the clerk of the market, also to Mr. Page and Mr. Clements, and to Dr. Letheby, on the same day.
Cross-examined. Q. What four quarters do you speak to? A. The two at Mr. Jefferis', and the other two at Mr. Fitter's—I found the two quarters at Mr. Jefferis' hanging inside the shop with other, good meat—I showed a portion of the meat to Dr. Letheby.
COURT. Q. Why did you not take Jefferis into custody? A. Mr. Jefferis always gives information directly we require it.
MR. RIBTON. Q. Where did you get this paper which has been read? A. From Mr. Jefferis' counting-house—I did not find it on the meat—I know something of the slaughtering of beasts—I know they are cut too deep in the neck sometimes, and that causes the blood to go on to the ribs—it is not scraped off; they do nothing else but wash it—I have been dealing with meat ever since twelve years of age—I am not in the trade myself.
MR. SLEIGH. Q. What appearance did these ribs present? A. They had been rubbed with warm fat.
GEORGE PAGE . I am a butcher, of 57, Great Tower-street, City—I have been in the trade all my life—on 2d February, Mr. Jefferis and Mr. Wylde had a dispute about the meat, and asked me to look at it—the meat shown to me was certainly not fit for human food—I saw two quarters.
Cross-examined. Q. You say they were having a dispute? A. They were talking together, and Jefferis took me into the room, and said, "Look at this"—the meat was hanging up—all meat will get worse by hanging.
HENRY CLEMENTS . I am a meat-salesman in Leadenhall-market—one morning Mr. Wylde asked me to look at some quarters of beef—they were in a very bad state—it was what we term "a wet 'un"—I should suppose the animal was diseased—in my judgment it was certainly not fit for human food; I did not require to make a minute examination of it.
WILLIAM DAVIDSON . I am clerk and collector in Leadenhall-market—it is a public market for the sale of meat for the City of London—on the morning of 2d February Mr. Wylde showed me four quarters of beef decidedly unfit for human food—the ribs had been skinned, and rubbed over with hot fat—the unfitness arose from lung-disease.
Cross-examined. Q. May not an animal be diseased in the lungs, and yet the meat be good? A. Not where there is inflammation; if the inflammation had subsided, it might he good for food.
DR. HENRY LETHEBY . I am medical officer to the City of London—in the performance of my duty I examined certain portions of meat which were shown to me on 2d February by Mr. Wylde—I have had very considerable experience as a pathologist with respect to human beings and animals—this meat was unfit for human food on account of its being a diseased animal, and charged with physic—I distilled it, and obtained physic from it—I can only tell what the nature of the disease was by what has been stated here—such a disease would produce such a condition of the flesh as I saw—the flesh was in a clearly diseased state, and unfit for human food.
Cross-examined. Q. Physic does not much improve anybody, does it? A. I hope it does—distension of the stomach, by the fermentation of food, is not a disease, it is a disorder—it causes great pain—an animal might have that, and yet be fit for human food.
The prisoner received a good character.
GUILTY on Three last Counts .— Confined Six Months , and fined 25l .
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
MESSRS. SLEIGH and MATTHEWS conducted the Prosecution.
JEREMIAH CLARK . I am a labourer, of Rotherhithe—on Saturday, 21st February, I was drinking in a public-house with the prisoner, another soldier, and a young man named Phillips, for about an hour at the first house—I was not quite sober, but knew what was going on—we all four left together, and I stopped for a necessary purpose—I had about 46s. when I left the public-house, but no purse—I felt the money safe five minutes before I left—I was wearing the prisoner's cap, and he was wearing my hat—he came and took the cap off my head, and then I felt a pull at my pocket, and the prisoner ran away—I found my pocket torn, and my money gone—I had seen the prisoner once before, and knew him—I saw him again on the following Tuesday—I have no doubt he is the man—no one else was close enough to me to do it.
Prisoner. Q. If you felt my hand in your pocket and missed your money, why did you not have me apprehended? A. I did not know where you were; I did not know your head quarters at that time.
GEORGE PHILLIPS . I am a porter in the Commercial Docks—I left with Clark—he turned aside, and at that time the prisoner was close by him—I saw him put his hand in the prosecutor's trousers-pocket, and run away—the prosecutor immediately said that he was robbed—he was not quite sober, but knew what he was about—I was sober.
Prisoner. Q. Was any person near the prosecutor? A. No; but I was about two yards off—I never saw him afterwards—I did not inform the police—I told the prosecutor where you lived—I knew your name, and you had "12th Company" on your cap.
MR. MATTHEWS. Q. When did you inform the prosecutor where the prisoner lived? A. The next night, Sunday—he had not made any inquiries then as to whether I knew.
THOMAS MONK (Policeman, R 1). On 24th February, I went to the barracks, and the prosecutor picked the prisoner out from several others—I told him the charge—he denied it—I asked him if he had been at Rotherhithe on Saturday night—he said, "Yes."
Prisoner's Defence. We went to the Warrior, the China Hall, and the Red Lion; Phillips was drunk, and paid for a deal of beer in my company; I bade them good-night, and went home to my barracks; that is all I know.
NOT GUILTY .
PLEADED GUILTY .— Confined Four Months.
PLEADED GUILTY .— Confined Four Months.
Before Robert Malcolm Kerr. Esq.
MR. DICKIE conducted the Prosecution.
SARAH HENNESSEY . I am the wife of John Hennessey, of Bexley Heath—on Saturday afternoon, 14th February, about 5 o'clock, I was coming to Woolwich, and met the prisoner—he caught roughly hold of me by the shoulder, and said, "What have you got?"—I said, "Pray, do not hurt me; all I have is two shillings, I will give you one"—he said, "I will have it all"—he threw me into the hedge, turned my pocket out, and took the money and a new farthing—he said, "What have you got in your bag?"—I said, "My husband's work; pray, do not take that; you will ruin me"—he turned my clothes up over my head, used a dreadful expression with his hands up my clothes, and said, "Hush! if you make a noise I will kill you"—he then ran away—I saw Woods coming up the hill, and told him—a man they call Biswell was with him—they went in pursuit—I am sure the prisoner is the man.
FREDERICK WOODS . I am a painter, employed at the Royal Arsenal, Woolwich—on Saturday afternoon, 14th February, I was on Bexley Heath, where I live, and at the top of the hill met Mrs. Hennessey, who made a complaint, and described a man—I looked about, and saw a man running down the road—I told my friend to follow him, and I ran in a different direction—I called at the Foresters' Arms and gave information, and then went down the hill, and saw a man going through the shrubs, stooping, who answered the description—I went back to see if it was my friend, then came back and saw the same man who I had seen in the wood, a hundred yards before me—the landlord of the Foresters' Arms took him, and gave him in custody—the prisoner is the man I saw in the wood.
Prisoner. Q. How far from the place where the woman was robbed was I stopped? A. About half a mile—I went in a circuitous route, thinking you might take Wickham-lane.
ALFRED BISWELL . I am engaged in the Royal Arsenal, Woolwich—on 14th February, I met the prosecutrix crying, and in a very confused state—I went in pursuit of a man who was running, but lost sight of him in Wickham-lane, as he went down the road—I hallooed out, "Stop him!"—he wore a billycock hat and a brown coat—I saw him a fortnight afterwards, among five or six others, and identified him.
WILLIAM BLAYDEN . I keep the Foresters' Arms, Wickham-lane—I was working in the garden, received information, and saw the prisoner in the brushwood, 150 yards off; he seemed to be hiding—I watched him two or three minutes—he came out of the wood and ran down the road—after he had run about fifty yards I overtook him, and told him I wanted him—he stopped directly I spoke to him—I took him by the collar, and said, "I want you to go back with me"—I took him, and met the other man, who said that he answered the description, and handed him over to him—I asked the prisoner what he had to say for himself—he said, "Nothing."
Prisoner. You asked me if I knew anything about the robbery, and I said, "What robbery?" Witness. You did not.
Prisoner's Defence. I think it is very hard for me to be brought here on suspicion. I never was within half a mile of the place. No money was found on me, and I went into no house.
GUILTY .— Four Years' Penal Servitude.
There was another indictment against the prisoner for a similar offence, committed on the previous day.
MR. W. J. ABRAM conducted the Prosecution.
ELIZA NUNN . I am the wife of John Nunn, an iron-bolt plater, residing it 3, Bridge-place, Greenwich—Captain Baker lodges with us—on Tuesday afternoon, 3d February, about a quarter to 4 o'clock, the prisoner knocked at the door, and asked if Mr. Baker was at home—I said, "He is not"—he said, "Oh! I was to bring him this," referring to this piece of paper, which was folded into a note—(Read: "Mrs. Nunn, please send me 5l. to pay the crew, by the bearer. W. Baker")—I opened it, read it, and saw it was not in Baker's handwriting—I asked him in—he said, "I will be back in five minutes," and went away—I went in pursuit of him with a man, but saw nothing of him till about a quarter-past 7, when I saw him in Bridge-street, near the Beehive public-house—he crossed the road, and I crossed also after him—my intention was to give him in charge, when he turned round by Lovibond's public-house, struck me in the back, knocked me down, and got away—I was all over mud, and insensible—Mr. Baker sent for me on 4th February, and I saw the prisoner then on the Wood-walk at Deptford—I did not speak to him until I gave him in charge—he was dressed in moleskin trousers, a short monkey-jacket, and a hairy cap when he came to me first—when I afterwards saw him he had a dark cloth cap; but, with that exception, he was dressed the same as before—his features were quite familiar to me—I am quite sure he is the man.
Cross-examined by MR. KEMP. Q. Had you ever spoken to him before? A. No—it was not dark when he came to my house—he did not come into the passage; he remained at the door—I had never seen him in company with Mr. Baker—when I first saw him he had a rough hairy cap, such as sailors wear—I gave him in charge at the Wood-walk, Deptford—Mr. Baker was then close by.
COURT. Q. Had you previously given a description of him? A. Yes.
WILLIAM BAKER . I am a master mariner, and reside with the husband of the last witness—I made it a practice to pay the crew in advance on the arrival—this note was produced to me on 3d February, I believe, between 4 and 5—it is not my writing, nor written by my authority—I have known the prisoner this two or three years—I never authorized him to go to Mrs. Nunn, or to any one, for me—I never gave him any request for money to take to Mrs. Nunn—I saw him on Tuesday, the 3d, in Bridge-street, Greenwich, but did not speak to him.
Cross-examined. Q. Were you paying the crew on the 3d? A. I advanced on the 3d—I had quite sufficient money in my pocket; I brought it from my employers that afternoon—I saw the prisoner on the 3d, at a quarter to 7, in Bridge-street, near the Beehive—I had not seen him before a quarter to 4—he has never been in my employment, but he has been in my employers' employment—as far as I know, he is a man of very good character—when I saw him he was dressed in a monkey-jacket, but I did not notice any other part of his dress—he had a cap on—he is a seafaring man—he has been in two or three ships that I have been in—I saw him again on the 4th—he applied to me for work on the 4th, in the morning.
COURT. Q. You were not with Mrs. Nunn when you saw him in Bridge-street? A. No—I am not certain about the time to a minute, but I am certain as to the hour—it was about a quarter to 7, nearer 7 than 6.
February—I told him the charge—he said he knew nothing about it; that he was nut out after 5 o'clock that evening.
Cross-examined. Q. Are you quite sure he did not say, "I was not out before 5 o'clock"? A. Not in my hearing—I swear that he said "after" not "before"—we were in Mr. Smith's wharf when this conversation took place—Mrs. Nunn was present, close by.
MR. KEMP called
SARAH POPE . I live at High-street, Deptford, and am a lodger of the prisoner's—I was at home on the afternoon of 3d February, and saw the prisoner there from 12 o'clock till just before 6, or a little after—Mrs. Pomfret, my daughter, lodges in the same house—I saw the prisoner in the house the whole of that afternoon—he was at home nursing the little boy—I never saw him wear a rough hairy cap, nor anything answering that description—I have seen his clothes and hats and caps—I have only seen him wear a hat.
Cross-examined by MR. ABRAM. Q. What has impressed the 3d of February on your mind? A. It was on Tuesday, and my daughter and I were washing, and we asked the prisoner to tie up a line—I wash every Tuesday if it is fine—he was in the wash-house when we asked him to drive the staple in the wall to tie another line; that was at half-past 3—I am quite certain it was not any other Tuesday that he did that—he went out that morning about 6 o'clock, and was at home by 12, and did not go out again till 6—we were washing all that time till we could not see—the prisoner was in his own front-place down stairs—we used to go through the back-room with the washing—he was nursing his own baby—we saw him during all the time; he was in the back room as well as the front at times, but in the back room most of the time—there is no bed in that room—it is a room that we have to go through to get into the wash-house; it is a working-room—the prisoner occupies it—he was in that room nursing the baby nearly all the time, from 12 to 6—he did not have his meals with me—I did not have tea till after 6 that evening—I had dinner about 1 o'clock, up stairs—the prisoner did not go out while I was having dinner up stairs, because when I came down he was in the front-room having his own dinner—I was not in and out of his room every five minutes—when we came down we had to go through his room—I do not know where Mrs. Nunn lives—I can swear he was at home all that day.
COURT to HENRY CLARK. Q. How far is Mrs. Nunn's house from this house where the prisoner lives? A. About a quarter of a mile.
MR. KEMP to SARAH POPE. Q. If you are in the back-room, can you see into the front-room? A. No; there is the staircase between—I remember the prisoner being taken in custody; it was on a Wednesday—I do not recollect seeing him at all on the Wednesday.
COURT. Q. You were not before the Magistrate? A. No.
HARRIET POMFRET . I am the daughter of Mrs. Pope, and lodge in the prisoner's house—I remember his being taken in custody, and I remember his being at home on the Tuesday before that, from 12 to a quarter to 6 in the evening—I saw him during that time—I was washing in the kitchen—I am obliged to pass through his room into the kitchen, and he was in the room all the afternoon—I never saw him wearing a rough hairy cap, nor do I know of his possessing such a thing—I have seen his clothes but never saw such a thing in his possession.
Cross-examined. Q. I believe you wash every Tuesday? A. Yes—I swear that the Tuesday I speak of was 3d February—the prisoner has been at
home every day from 12 in the morning—he was playing with his little boy and mine on 3d February—he lives in the back-room—he was not in the front-room at all; if he had been there, I should not have been able to see—I do not pass through the front-room to get to the wash-house—I did not go into the front-room that day—I had dinner between 12 and 1 o'clock—I dined up stairs and he dined down—he had his dinner between 12 and 1, but I cannot be sure whether he had it in the back-room or not—my mother and I did not pass in and out of the wash-house every five minutes—he could not have been away five minutes without my knowing it; if I did not see him I heard him—he might have left his room for ten minutes between 12 and 1 o'clock, but he did not go farther than the gardens—he could not have left it without my knowing it, for he would have to pass the wash-house and we should see him.
MR. KEMP. Q. Did you see him go out at all? A. No, nor come in, between 12 and 6—I did not hear any one go out or come in.
COURT. Q. Where is the wash-house? A. At the back—I must have seen him if he went out, because he must pass by the wash house—there is a front-door, but he never goes out at the front; if he went out there I should not see him—the front-door is locked; we never keep it unfastened because we do not use it—I did not hear the front-door open or shut.
The prisoner received a good character.— GUILTY of uttering.
Confined Twelve Months.
FREDERICK REYNOLDS . I am the son of Thomas Reynolds, and live at 1, Mill-lane, Deptford—on Thursday night, 12th February, I was standing inside the house, and heard a rustling of the fence in the back garden—my mother, at the same time, ran out and made some exclamation, in consequence of which I went out in the street—I did not see anybody till I turned the corner, and then I saw the prisoner and another man running—I got up to the prisoner, took him by the collar, and asked him what he had got under his arm—he said, "Nothing"—I felt and found it was wet clothes—he said directly, "I did not nail them"—I said, "I will nail you then directly"—I walked with him a little way, and my friend Mr. Baber came up; and we gave him in charge, and gave the things to the constable.
SUSAN REYNOLDS . On 12th February, I had been washing, and had some of my things hanging up in my back garden—this shift and petticoat were amongst them—I heard some noise, and went out and missed these.
GUILTY .**— Confined Six Months.
CATHERINE LEGGE . I am a nurse in the service of Mr. Joseph Oliver, of Wilton-house, Greenwich—on Saturday, 7th February, about a quarter after 3 in the afternoon, I came down stairs with a little child and saw the street-door open—on going out I saw the prisoner leaning in at the dining-room window, as if in the act of reaching something—the window was wide open; it had previously been closed—I asked her if she had spoken to any one—we said, "Yes, she had seen a young person"—she looked very confused, and then addressed the little boy I had with me, and told him that he knew her—I said, "I don't think you know her"—she said, "Oh yes, he knosubpœnaed
me; he has been in the habit of seeing me come for bottles"—not feeling satisfied, I rang the kitchen bell, sent the gardener for a policeman, and gave her in charge.
Prisoner. Q. Where was my basket when I was leaning in at the window? A. On the ground at your side—you were in the act of arranging your gown—you might have got away, but I should have followed you if you had.
ELIZABETH TOOEY . I am housemaid to Mr. Oliver—I went into the dining-room on this Saturday afternoon, about 3 o'clock, and opened the window about three inches at the top, leaving it closed at the bottom—I saw the prisoner then outside the gate, looking over it—I left the room; the street-door was then shut—about three minutes afterwards I heard the bell ring, and found the nurse at the street-door with the prisoner—the nurse called to the cook that the window was open at the bottom; I ran and found it open, and the street-door also—I found two linen tablecloths and one table-cover gone—the prisoner must have got in at the window and gone out at the door—there was a basket in the hall, just home from the laundry, and the linen table cloths were taken from the top of it; the table cover was taken from a chair in the dining-room where it had been folded up—a plated spirit-stand had been removed from the end of the sideboard to the centre—behind the curtains I found a bag of scent on the Sunday morning; that had been in Mrs. Oliver's desk.
Prisoner. Q. At first you said the cloths were taken out of the sideboard? A. Yes, I thought they were at first—I saw some footmarks of gravel all along to where the table cloths had been folded up.
THOMAS WATSON (Policeman, R 124). The prisoner was given into my charge—I compared the prisoner's shoes with the footmarks on the carpet, and they exactly corresponded—the marks were on the carpet from the side-board to the window, and also coming out of the hall-door—the prisoner was carrying an empty basket.
GUILTY .*— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
CHARLES MORTON . I am a troop sergeant-major in the Military Train, Woolwich-common—the prisoner is a private in my troop, and acted as my servant up to 23d January—on 23d January, I went to the canteen, where I got change for five 5l. notes from Caroline Ritz; the change was principally in half-crowns and gold—in counting it over I found one half-crown with a "W" on it—I took the money to my room and counted it over, after having paid all but 9l. 5s. of it—the 9l. 5s. consisted of 6l. in half-crowns, two sovereigns, and 5s. in coppers—I counted that, and seeing this half-crown with the "W" amongst it, caused me to look at it again—I had not paid that away—I placed the money in a cash-box and put it in my desk, which was on the table—on the following morning, the 24th, I went to my desk at 9 o'clock; the cash-box and money were there—I locked my desk went down to the stables, and returned to my room between 1 and 2 o'clock
—I found that the desk had been forced open, and the cash-box and money taken away—I gave information to the police—two days previous to my receiving the money, I had discharged the prisoner from being my servant—as my servant, he had been in the habit of frequenting my quarters—he was there on the night of the 23d, and saw the money on the table—on 28th January, he was brought to the camp, and said to the major that the money belonged to himself—the major asked him how he came by this money that was found on him, and he said it was the money that he had saved up for three or four months—in consequence of that I looked at the ledger item and found that he could not have received that amount, and that I had not paid him that amount—I was not there when he was searched and the money found on him.
Prisoner. Q. Was your room locked? A. Yes, and the key left outside on the shelf—there is a sergeant-major in the next passage to me, and we both use the same key—some others besides you might know where the key was kept.
ALEXANDER ATCHISON . I am a sergeant in the Royal Artillery at Woolwich—on 27th January, in consequence of information, I went, in company with Sergeant Holly, of the Military Train, from the Royal Barracks on Woolwich-common to the Dockyard Railway-station—we followed the prisoner there in company with a man named Beasley, a private in the Military Train—we saw the prisoner in a public-house opposite the station—Sergeant Holly and I went to the prisoner when he was outside the station-door—we told him he had got to be searched—I searched him and found in one of his boots, I think the right one, a bag, which the policeman has now—the prisoner was very delicate in taking the boot off; we found 2l. 12s. 9d. in silver, principally in half-crowns—I told him I wanted the two sovereigns from him; I pulled off his sock and there were two sovereigns inside—I sent for the police from the dockyard station and gave him into custody—he was again searched in the police-station, and 6d. more was found on him, which made 4l. 13s. 3d.—I saw the bag and money afterwards handed to the policeman—this (produced) is the same—this half-crown, marked with the letter W, was amongst them—when we had searched, the prisoner said, "That is my own money; that is not the 9l. 5s."—I had never mentioned the 9l. 6s.—there may have been some talk in the camp about the lose of the money; I knew it because the sergeant-major sent for me and told me about it.
Prisoner. Q. Did you produce the half-crown with the "W" on it that night, at the station, when I asked you for it? A. I do not recollect your asking me that—you were not given in charge that night.
CAROLINE RITZ . I am a widow, residing at the canteen on Woolwich-common—on 23d January I gave the prosecutor change for five 5l. Bank of England notes—I gave him 14l. in half-crowns and five-shilling-pieces, 1l. in sixpences, and ten sovereigns—I noticed among them this half-crown with the "W" on it.
COURT. Q. What led to your observing it among this large quantity? A. I noticed this and another one with "Roch" on it.
Prisoner. Q. Did not you, at the station, say that you could not swear whether you gave it to that sergeant-major or any other sergeant-major, but that you knew you had one? A. I did not say so.
ANDREW MACLAREN . I am a sergeant in the Military Train at Woolwich—on 29th January I was sergeant at the guard-room—I was there when the prisoner was brought there—when he was at the cells, I heard him say he could get Private Beasley six months, for those who spent part were as bad as those who spent the whole.
GUILTY .— Confined Eighteen Months.
Before Mr. Common Serjeant.
THOMAS HARDY . I am a foreman at the Consumers' Gas Company's works, at Woolwich—on 10th February, about half-past 12 in the morning the prisoner rang the factory-bell—I went to the gate and let him in, fully expecting he belonged to the crew of the ship that was unloading there—he came with the others—I said, "You are rather late, young man"—he said he had been looking after the old man, meaning the captain, for some money—he warmed himself by the fire—I said, "Are you not going on board?"—he said, "No," he was not going to bed—he remained there till a quarter to 2 in the morning—he then left, saying he had altered his mind, and would go and turn in—he went on board the Active—the men were all gone to bed then—I made some communication to the men; three of them came out of the ship—I saw the prisoner coming away dressed in a pilot-jacket, a guernsey, a Scotch cap, and a dungaree frock; he was detained by the men.
CHRISTOPHER FREDERICK KRUGA . I am a sailor on board the Active collier—on 10th February, she was lying off the gas works at Woolwich—about 2 o'clock in the morning, I received a communication from last witness, and went with him to the wharf, where I saw the prisoner with a jacket and cap belonging to me, which had been safe in my cheat on board at 9 o'clock—this is the coat.
JOHN WEBSTERDORFF . I am a seaman on board the Active—I went with last witness to the wharf, and saw the prisoner in my guernsey and a pair of my trousers—these are them—I had seen them safe at 9 o'clock.
CHARLES PICKLES (Policeman, 89 R). The prisoner was given into my custody—I told him what he was charged with—he said, "All right, I'll go with you"—these clothes were lying at his feet; he had just taken them of—he had his own clothes on under them.
GUILTY .—The prisoner was further charged with having been before convicted at Maidstone, in July, 1862, in the name of John Keeley; to this part of the charge he PLEADED GUILTY.**— Confined Fifteen Months .
GEORGE TOWNSEND . I am a driver in the Royal Horse Artillery, quartered at Woolwich-common—about half-past 7 on the morning of 28th February, the prisoner came to my quarters with these four bottles of wine in a basket, and offered to sell them at 1s. 6d. a bottle—I refused to buy them, detained him, and sent for Sergeant Acheson.
ALEXANDER ACHESON . I am a sergeant in the Royal Artillery, at Woolwich—on 28th February, about half-past 7, I went to Townsend's quarters, and saw the prisoner there with this basket and four bottles of wine—he
offered one of them to me for 1s. 6d.—I told him he was to come with me—he was drunk, but when be got outside the door he ran away—I ran after him and caught him—the basket is made to contain six bottles—I asked him where the other two bottles were—he said, "There were not two more, there was one more"—I asked, "What became of that?"—he said he had drunk it—I sent for a constable and gave him into custody—I afterwards went with the constable to Colonel Ward's quarters, and found that the cellar-door had been broken open; it is part of the dwelling-house—I went back to the prisoner, and asked him how he broke into Colonel Ward's cellar—he said he did not break into it—I asked, was the door opened for him—he said, "It was?"
Prisoner. Q. What sort of fastening had the door? A. A staple and lock.
JAMES STYRAN . I am servant to Colonel Beckford Ward, of the Royal Artillery—he has a dwelling-house at The Repository, at Woolwich—on the night of 27th February, between half-past 8 and 9 o'clock, I locked up the outer door of the cellar leading into the yard—the cellar has another door communicating with the dwelling-house—about half-past 6 next morning, I was crossing the yard, and saw the door open—I went down, and missed a basket containing five bottles of wine—this is the basket—the staple of the door was carried away with the bolt—I also missed about half-a-dozen pintbottles of ale.
COURT. Q. Is this an open yard? A. It is, but there is an outer door leading to Colonel Ward's house—I can't say whether that was locked overnight—there is another entrance, through my quarters, and that I can swear was locked.
THOMAS WATTS (Policeman, 70 R). I know Colonel Ward's premises; they are in the parish of Charlton—I took the prisoner into custody on 28th February—I told him the charge—he said, "I did not break in, the door was opened for me"—that was said in Atchison's presence.
Prisoner. Q. Did you go and see whether the door was broken open or not? A. I did, and I found the staple torn away from the door, the bolt shot into the staple—if the door was pushed violently, the staple might come out; the staple was still on the bolt—from its appearance I was satisfied it had been opened from the outside.
Prisoner's Defence. I never stole it at all; I got it from another man to sell for him, and he promised me 2s. 6d. for doing so; it is not very likely I should go into the camp if I took it myself.
GUILTY .—The prisoner was further charged with having been before convicted at Maidstone, in 1861, and sentenced to fifteen months' imprisonment; to this he PLEADED GUILTY.*— Four Years Penal Servitude.
MR. DICKIE, for the Prosecution, stated that the first marriage was in Ireland; that an officer had been sent over to get the certificate, and had only obtained a copy of the original, which itself was not a satisfactory document; therefore he should offer no evidence against the prisoner.
NOT GUILTY .
MR. GENT conducted the Prosecution.
GUILTY on the Second Count.— Confined Twelve Months .
Before Mr. Justice Williams.
THOMAS GIBBONS . I am a groom in a gentleman's family—I have been used to horses for the last seven years or over—on the evening of 15th January, I was with my sister in the Lorimore-road, Walworth, which leads from the Royal-road into the main Walworth-road—I saw a hearse, with a coach attached to it behind, standing at the Canterbury Arms, next to an undertaker's shop in the Royal-road, for about twenty minutes—I then saw it start off at a tremendous pace, I should fancy at the rate of between fifteen and sixteen miles an hour—it came up the Lorimore-road towards the Walworth-road on the right-hand side of the way, the off side; it should have been on the near side—there was a man on the box driving—there were two horses abreast—I could not swear to the man—I heard him whipping the horses most terrific; he gave, them three or more slashes—they passed a few yards from the kerb where I stood—they were going at fifteen or sixteen miles an hour then—the driver made some hallooing or shouting, to the horses as he went by—he struck the horses three or four times with the whip; I heard them smack very loud—after they passed me they ran into a little cart that was coming out of John-street, in an opposite direction—it was partly in John-street and partly in the Lorimore-road when the pole of the hearse ran into it, just coming out of the turning into the Lorimore-road—the horse's head was turned towards the left—I heard the crash, and ran to the spot—I heard a groan, and somebody called out, "Oh, my leg!"—one of the hearse-horses was lying down, and the horse that was in the cart was lying down also; and I saw a man leaning head foremost out of the cart—I went to him and asked what was the matter—he said he could not move—I daresay there were five or six persons then on the spot—I did not see the driver of the hearse when I first ran up—I saw some one down on the ground by the horse's head; I could not say whether that was the driver—the horses were going fast when I first saw them, but after the lashing they went faster; they were being lashed before they got up to me, and the driver continued to lash them afterwards—I assisted in taking the injured man to St. Thomas Hospital.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. How far were you from the Canterbury Arms? A. About 100 or 120 yards when the horses started, I was walking at a Blow pace backwards and forwards—the horses might have got about forty yards on when they were proceeding at the rate of fifteen or sixteen miles an hour—the Lorimore-road is not very narrow; it is all about the same width—the driver was shouting—I only saw one man on the spot when the accident happened—I should not know him again I was so excited—five or six persons were up before the man was on the ground, when he was in the cart; I believe one of them is here—I did not hear anything said at that time about the pole of the hearse being broke—if the strap which attaches the horse to the pole is broken, it might, probably, cause the horse to bear away from the pole, and it would be necessary to keep it close to the pole with the whip.
MR. LILLEY. Q. Would it be necessary to lash him in the violent manner
you describe? A. Decidedly not—when the collision took place there was no one there but the man who was kneeling on the horse's head—five or six persons came up in the course of a minute.
JURY. Q. Did you ever drive a horse going at fifteen or sixteen miles an hour? A. No; but I have seen one go at that rate, at a sort of trotting-match.
COURT. Q. Do you drive? A. Yes—I usually drive about eight miles an hour—these horses were going much faster than the pace I usually drive it—I was in the Lorimore-road when the accident happened.
EDMUND SALMON . I am a fruiterer, living on the spot—I gave the information from which this plan (produced) was made—it is quite correct—it is about 160 yards from the Canterbury Arms to the entrance into John-street; it might be a little more.
HARRIET WILKIE . I am the wife of William Wilkie, and sister to the witness Gibbons—I was in his company on the evening of 15th January, in the Lorimore-road—I saw the hearse start from the Canterbury Arms—it passed me as I was on the pavement at a very furious pace—I did not see the driver do anything to the horses—I heard a noise as he passed me—my brother called my attention to the vehicle—it continued to go on at the same pace until the accident took place—my brother was there before me; when he heard the smash he ran up, I followed—I saw the man that was thrown out of the cart sitting on the side of the kerb at the corner of John-street—I also saw some other man, but I should not know him again—I don't know anything about driving—my brother remarked at the time that the driver of the hearse was on his wrong side—I was on the right side from the Canterbury Arms, walking towards John-street; he was on the side nearest to me.
Cross-examined by MR. LEWIS. Q. How long a distance do you think you saw the hearse traverse? A. From the time it started from the Canterbury Arms till it reached John-street—I noticed that it was going very quick when first it set out—the noise I heard as it passed me was the man hallooing, but I did not notice exactly—that was all the noise I heard—I did not notice any whipping.
EDMUND SALMON (re-examined) On the evening of 15th January I was in my shop at the corner of South-street, facing the Lorimore-road—it is just halfway between the Canterbury Arms and where the accident happened, on the left-hand side—I was at the shop-door—I had just done serving a customer—I heard something coming from the direction of the Canterbury Arms, as if it had run away—I ran out and saw the hearse coming along on its wrong side, at a pace, in my judgment (and I have been used to horses all my life), of at least twelve miles an hour—he passed my shop, and just as he got past the driver gave the horses three slashes; it sounded similar to a four-horse coach-whip—he gave it to both horses; I won't be certain whether he hit both, but I distinctly heard the three slashes—they appeared to be given in the direction of the off horse—he was shouting, apparently, like a drunken man—I walked up Richard-terrace towards John-street, and saw a cart coming out of John-street; it was partly to John-street, and partly in Lorimore-road—the pole of the hearse caught the front of the cart, and I believe the pole of the cart caught the man's leg—there was a lamp on the side of the collision from where I was, just the width of the street—it was about a quarter to 6 o'clock—I assisted, with others, in getting the man out of the cart, as the horse was obstreperous—I saw that it was Mr. Smith's cart—I had never seen the cart or the
deceased before, to my recollection—I saw the driver of the hearse sitting a-top of the hearse quite consoled, as if nothing had occurred; it was the prisoner—at the moment the collision took place he pulled his horses off to the near side, and stopped in the middle of the road.
Cross-examined. Q. What is the distance from your shop to the Canterbury Arms. A. I should think about eighty yards—I did not see the hearse for the whole of that space—I have been used to horses all my life when I was an apprentice—if the pole, strap, or buckle was to break, one of the horses would go away from the shaft, but then he would not have the power of pulling the horses to the near side—it would not be a proper course to lash the hone to the pole—it might be right to do so in a mild manner, not in the way in which the prisoner did it—I think he might have stopped by pulling in the near horse—I was apprenticed to a butcher, where we kept seven horses—I never drove a pair—I did not see whether the harness was broken.
COURT. Q. Do you think if the off horse had not been fastened to the pole, he could have pulled the horses to the near side, as you say he did when the accident occurred? A. No, be could not; he left the hearse within two inches of the kerb—I don't say he could have stopped the hearse altogether by pulling in the near horse—he might have done it in a great measure.
THOMAS JEWISON JEFFERSON . I am one of the house-surgeons of St. Thomas' Hospital—on the evening of 15th January I received the deceased Hugh Morris into the hospital, about 6 o'clock—I examined him—he was suffering from a severe compound fracture of the left leg—I reduced the fracture—he continued in the hospital until he died, on 7th February—the injury I have mentioned was the cause of his death.
GEORGE SMITH . I am a currier in Hill-street, Walworth, and reside at Farnham—the deceased Hugh Morris was in my employment for about seven years—on 15th January he left my premises in Hill-street, about half-past 5, with a cart containing leather—he was perfectly sober; I never saw him drunk—about five minutes after he had left I received information, and went into the Lorimore-road—I saw the prisoner there driving a hearse—he had just left the accident, and was about thirty yards from the corner of John-street—I stopped him; he got down—I said, "How did this occur?"—he said, "The pole-strap broke, and I could not keep the horses on their right side"—the pole-straps were both on to the pole and the collars of the horses at that time, but I did not examine them as to how they were fastened to gether—I considered that the prisoner was drunk, from his general appearance—I got a policeman and went to his employer's premises, and there examined the pole-strap; it was not broken, but the tongue of the buckle was drawn through, and was bent so that it would not bite—I asked to see the polestrap, and the prisoner produced it after some time—I keep four horses, and drive every day of my life except Sunday—I never drove a pair; I drive single.
Cross-examined. Q. When you law the prisoner shortly afterwards, did you not arrive at the conclusion that he was sober? A. No; I considered him in liquor then, but certainly not drunk—I cannot say whether he was very much flurried when I first saw him—he did not seem to keep his equilibrium as a sober man would do—I can't say that I have ever seen horses go at fifteen miles an hour except at races; I have seen them go at twelve miles an hour—I am not aware the prisoner has had his ankles put out—I had never seen him before that night.
COURT. Q. In your judgment, from the condition of the buckle, was it possible that the pole-strap might have got loose? A. Yes, I think so.
BARNABAS CHARLES BLESSED . I am a boot and shoe maker—I was coming up the Lorimore-road towards the Walworth-road, on the right-band side of the way; and just as I got to the corner of John-street, I heard a vehicle coming very fast behind me, as though it had run away—I did not see it—the cart came out of John-street just as I got to the corner—I gave a spring across the road, and just as I did so there was a bang or smash just like a cannon—I saw the prisoner after the accident—he smelt very strongly of liquor.
The prisoner received a good character.
NOT GUILTY .
MR. LILLEY who conducted the Protection, proceeded upon the Manslaughter only.
ELLIS WALLACE . I am a widow, and lodged at 1, St. Alban's-buildings, Lambeth, in the prisoner's house—he lived there with his wife, Catherine Hagan, and five children—they occupied the room on the ground-floor, and the upper room was let to other lodgers—I lodged there about nine months since to Monday, 26th January, on which day I went with Catherine Hagan and Mrs. Bousheld to the mothers' tea-meeting, at Lambeth Chapel, and returned at half-past 8—the prisoner was absent during the day, and till 2, o'clock in the morning—after waiting till 2 o'clock for him, his wife and I went out to look for him, and found him in the Cock and Bottle, Lambeth-walk—his wife went in, and I came out again; he followed in a very short time in a very great passion, and called her foul names—we went home, and the prisoner came home in about five minutes—he came down the court singing like a drunken man—I opened the door and let him in—his wife liked him where he had been all the night—he said, "With a strong girl"—she called him a "blackguard," and said that it was not the first time he had acted as one—he struck her with his open hand, and she struck him and pushed him, and his head went through a pane of glass—they got entangled together, and both fell; the prisoner fell on the fender and cut his knee and his arm, and then I separated them—the prisoner sat on one side of the bed, and the deceased took up a chair and threw at him, and they got fighting again—they got entangled, and the deceased fell with her head between her knees, and her back came under the edge of the bedstead, and she lay doubled up on the floor for about a minute—she then got up, stood in the middle of the room, and said, "Oh, Ellen, I am killed! my back, my back!"—I begged of her to desist, and lie on the bed, and have no more quarrelling, when she flew at the prisoner and struck him—he got up, pushed her by the arm, threw her on the children's bed, threw himself on top of her, and grasped her by the throat, saying, "You b—, I will choke you!"—he was on her for about half a minute, still holding her by the throat—I succeeded in pulling him off her, and he sat down—her eyes became fixed, and I then got some water and put it to her lips—a small spot of blood came from her mouth—she did not drink the water, and I said, "Jim, she is dying"—he said, "Let her die and be b—"—when I found she was dead, he put his arm under her head, raised her, called her several times by name and kissed her, but she was dead—I said, "It is too late, she is dead!"—I ran out and spoke to
Smith, a constable, who came in—I told him, in the prisoner's presence, that he had killed his wife—he called me a b—liar, and abused me very much—he said that he did not do it, she did it herself—Dr. Constable afterwards came, and after that the prisoner was taken in custody—shortly after she was dead, I noticed finger-marks on her throat.
Cross-examined by MR. ORRIDGE. Q. When you said, "Jim, she is dead," did not he say, "Kitty, Kitty, speak to me!" and speak to her affectionately, and say, "She is not dead"? A. Yes, in an agony of mind—there was two minutes between my parting them and her throwing a chair at him—both the bedsteads were close to each other—it was her striking him that sent his head through the pane of glass—when we heard him coming down the court, she said that she would keep him out all night, but I let him in, and then the words began—the prisoner behaved very well; he was a good husband and a good father—she was at times exceedingly violent—I never heard of her being in gaol for fighting and breaking windows, but she was a very violent woman—I have very often seen her drunk during the nine months—I have heard of her being liable to epileptic fits, but I never saw her in one; I was told that she had one that very day fortnight that she was killed.
MR. LILLEY. Q. Was she sober? A. She had had some beer about 4 o'clock, but she was not tipsy—it was between 11 and 12 when the prisoner returned—she had taken a little porter after coming home from the mothers meeting, but not much—I was with her the whole afternoon; she left my company for one hour after the tea-meeting—when I saw her again she appeared perfectly sober—the prisoner did not hear what was said by the deceased about not letting him in.
MR. ORRIDGEL. Q. Were you and the deceased and some other women drinking gin that afternoon? A. Yes; nine of us had two sixpenny worths among us.
THOMAS SMITH (Policeman, 39 L). I was called, and found the woman lying on the bed dead, and the prisoner supporting her head, and shaking it, saying, "Kitty, speak to me!"—I said to him, "She is dead; it is no good shaking her head"—I went and brought a doctor—the prisoner said, "Take care of my children"
Thomas Constable (Police-inspector) did not appear.
JOHN WILCOX WAKEM . I attended Thomas Constable in his last illness—he is dead—I heard him sworn in the prisoner's presence, who had an opportunity of cross-examining him—I believe his deposition was read over to him; I saw him sign it—it was read over to us all, and we all signed at the same time.
The deposition of Thomas Constable was here read, as follows:—"I am an inspector of police—about half-past 12 o'clock I went to 1, St. Alban's-place, where I found the prisoner supporting his wife's head on his arm—she was lying apparently dead, and he was leaning at the side of the bed, with his head resting on his arm—I said, 'How did this happen?—the prisoner said, 'She did it herself; she came in drunk'—the witness said 'Oh, Jim, you did it; you choked her'—he made no reply, and I said, 'In what way?'—she said, 'He threw her on the bed and threw himself on top of her, and grasped her by the throat'—the prisoner said, 'I do not care it' I go to the gallows to-morrow morning'—the surgeon arrived and examined her, and pronounced life extinct—after the charge was taken, I said to the prisoner, 'It is my duty to read the charge; you have no need to say anything unless you think proper; what you do say may be used as
evidence against you—he said, 'I am not guilty, any more than you are;' that was all he said—when I first saw him he appeared under the influence of liquor, but not so bad as not to know what he was about."
JOHN CAFFERY CONSTABLE . I am a surgeon and physician, of West-square—on Monday night, 26th January, between 1 and 2 o'clock, I was called to 1, St. Alban's-buildings, and found the deceased on a bed dead—I found four or five abrasions on the left side of her throat, but none on the right side—they were such as might be caused by finger-nails—Wallace gave me the description in the prisoner's presence—I observed nothing further at that time to account for death—next morning, Wednesday, between 12 and 1 o'clock, I made a post-mortem examination, and found contusions on the skull, and extravasation of blood on the left side, corresponding with the marks of the fingers—I removed the skull-plate and found an internal extravasation on the surface and on the base of the brain—I did not detect any fracture of the skull, but there was an effusion of the internal structure—I saw a contusion appearing external—both lungs were extremely congested; the heart was not diseased; the liver and kidneys were healthy—I attribute death to effusion of blood on the surface of the brain, causing obstructed respiration, death being accelerated by compression of the throat—blows, or a fall, would account for the appearances I saw on the skull—if effusion on the surface of the brain existed, compression on the throat, from the evidence as described to me, would increase it—the second came was the effusion of blood on the brain and congestion of the lungs—compression of the throat would not account for the congestion of the lungs I saw.
Cross-examined. Q. You really mean that she died from coma? A. Coma, accelerated by compression of the trachea—I had never seen her before—there may be many causes of epilepsy; sometimes it is produced by disease of the brain, but not always—there was some blood between the scalp and the skull; it was large in extent, but small in quantity—I found effusion on the small vessels of the brain; a vessel might be ruptured by excitement, if disease of the brain or of the artery is to be found—if a rupture of the vessels causing effusion had arisen from violence, I should not expect to find a fracture of the skull, and I should not be disappointed at not finding it—effusion of the brain often occurs without any fracture taking place—Mr. Baker also made an examination on the following day—the marks on the throat were such as I should expect to find from the finger-nails; it is usual to find lividity in such cases—there was no lividity of the throat or of the countenance.
COURT. Q. Would the very place pressed exhibit it? A. Yes, I have always seen hanging or strangling produce it—I have been a resident in a hospital, and have seen it frequently.
MR. LILLEY. Q. Did you ever meet with an instance in which it was absent? A. No—from my general information, as a matter of science, lividity may be absent, and yet death may follow by strangulation—I observed no disease of the brain.
COURT. Q. How is lividity produced? A. Lividity in the face is caused by the arrest of the venous blood, but that is not a constant cause; it depends upon the pressure—the primary cause of death was coma, or the effusion of blood on the brain—the lungs were congested with blood, and did not act in refreshing the blood, and she died from asphyxia; and the reason the lungs did not act was the pressure on the brain, which prevented them from relieving themselves—if there had been no effusion on the brain, there could not very well nave been congestion of the lungs from the stoppage without lividity, not to
that extreme extent—I cannot say that if there had not been that effusion on the brain, she would have died from the pressure—if incipient or partial coma existed, pressure on the throat would finish it off.
JOHN WILCOX WAKEM (re-examined). I made a post-mortem examination of deceased, and agree with Dr. Constable's evidence; but, hearing the position of the deceased when she fell, it struck me that there might be a fracture of the spine—I removed the spinal process, and found a clot of blood pressing on the spinal cord—it is quite possible that that might be accounted for by her falling under a bed with her head doubled up between her knees—that would cause paralysis almost immediately, but of course not until the clot got to the size I saw it—the effusion would continue to increase for a very short time after death—in hanging, I have occasionally seen very little congestion of the face; it depends upon whether the spinal cord is fractured immediately—in a person suspended for days, congestion would take place of course, but where the pressure is removed the lividity would go off—if there was a compression of the trachea for half a minute, I should not expect to find much congestion, if any, particularly in this case, because the injuries in the brain were such that this person could not have lived but for a very short time—the immediate cause of death was strangulation—I should not expect to find lividity there, but there was lividity in the marks of the throat—I should not expect to find lividity of the countenance.
Cross-examined. Q. Have you heard Mr. Constable say that there was no lividity on the throat? A. No; there were marks of the fingers—there would not be marks of lividity on the throat on the first day, but there would be a redness—in my opinion, death was caused by the effusion on the brain—an effusion is caused by the rupture of a vessel or vessels, but not necessarily—I expected a fracture, but it does not necessarily follow that there should be one—an external blow will rupture an internal vessel without rupturing the case—I had never seen the woman before.
The prisoner received a good character.
GUILTY of Manslaughter.—Recommended to mercy by the Jury.
Confined Six Months.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and TAYLOR conducted the Prosecution.
JAMES PHILIP DEATH . I am thirteen years old next August—on Saturday evening, 21st February, about a quarter to 8, I saw the prisoner by Battle's candle-factory, which is near Mr. Roberts' shop—he asked me if I would go and get him an ounce of 4s. tea, and half a pound of fourpenny sugar—to gave me a half-crown, pointed to Mr. Roberts' shop, and promised me a half-pennuy—I went there to get them, and got 2s. 1d. change—when I came out I could not see the prisoner, so I saw my aunt, and then saw the prisoner crossing the road, and gave the change and goods to him—he sent me into a beer shop to get two halfpennies for a penny, and then gave me a half-penny—he was a stranger to me, but I am quite sure he is the man.
Prisoner. Q. What do you know me by? A. By that coat, and by the spots on your face.
WILLIAM DAVIS . I am seven years old, and live with my father at 6, Nelson's-row, Clapham—on Saturday evening the prisoner came up and asked me to go and get him an ounce of 4s. mixed tea and a half-pound of sugar at Mr. Roberts's, and gave me a half-crown—I did so, and got 1d. change—when I came out I could not find the prisoner, so I took the things home—he way standing nearly opposite Roberts's when I went in.
CHARLES ROBERTS . I am a grocer, of Clapham—on Saturday, 1st February, I served this boy with an ounce of tea and a half-pound of sugar, and gave him 2s. 1d. change for a half-crown, which I shortly afterwards found was bad—I threw it into the fire, and it melted immediately—about an hour afterwards Davis came in for some tea and sugar—he gave me a bad half-crown; I put it aside, kept it, and gave him only one penny out—I gave directions to my shopman, Wingfield, who went out with the lad, and shortly afterwards the prisoner was brought in by Wingfield and Finch—Wingfield showed me another half-crown wrapped in paper—they were both delivered to the constable—I saw some tea and sugar taken from the prisoner at the station, like what I gave to Death.
Prisoner. Q. Did you put the half-crown in the till? A. Yes, at first, and then I discovered that it was bad—I do not know that it was the one that Death gave me.
MR. POLAND. Q. After you had put it in the till, did your wife go to the till A. Yes, immediately; and on the top of the silver I found a half-crown—that is where I had put it—it is a bowl-till, so that the silver would be in the same position.
FREDERICK FINCH . I am a gardener, of 5, Chapel-cottages, High-street, Clapham—on 1st February, I saw Death close by Mr. Roberts' shop—I did not see the prisoner—I afterwards saw Death run across the road, and give the prisoner the goods in two packets, and the change—Death then went away, and some time afterwards I saw Davis, and saw something pass to him from the prisoner, who pointed to the shop—Davies then went to Mr. Roberts' shop, and the prisoner passed by the shop forty or fifty yards, and I sent somebody to Mr. Roberts's to make a communication—Wingfield came out, and I pointed the prisoner out, and said that he was sending boys in to pass bad money—he said, "You are mistaken"—I said, "If I am, you go back to the shop with me"—he had his hand in his left trousers-pocket, and threw a half-crown out, which struck Wingfield on the legs; it Was wrapped in paper.
HENRY WINGFIELD . I am in Mr. Roberts' service—on 22d February, I went with Davies to the back of the shop and saw the prisoner—I went with Finch and took the prisoner to the shop—he had hid hand in his pocket, took out a half-crown wrapped up in paper, which hit me on the knee—I picked it up, and it was bad—I gave it to Roberts.
—STONE (Policeman, V 112). The prisoner was given into my custody at Mr. Roberts' shop, and I received these two half-crowns—he said that he had received them for his wages that evening, but did not say where—at the police-station he said that he had received them a fortnight previously, at a building at Peckham—he gave his address, 5, South-street, Lambeth—I went there and made inquiries, but could not find anything out about him—I found on him 4s. 10d. in silver, sixpence in copper, a half-pound of sugar, and one ounce of tea.
Prisoner's Defence. He does not know whether anybody put the half-crown in the till after the lad came in or not; it is quite a mistake. I received the money from my master at 4 o'clock that Saturday. I cannot go to look for him, and cannot write. I have applied to have a letter written since I have been here, but it was not done.
GUILTY .— Confined Six Months.
MR. POLAND conducted the Prosecution.
MARY ANN HANDLE . I am in the service of Mrs. Winkle, who keep a pie-shop in the Borough—on 11th February, about half-past 12 in the night, the prisoner came for two penny pies, and gave me a half-crown—I put it in the till, and gave him 2s. 4d. change—there was no other half-crown there—in less than five minutes he came again for four more pies, and tendered a half-crown—I found it was bad, then took the other out of the till, and found that was bad—no one was serving but me—I took the pies from the prisoner and told him the pies were bad—he said, "Oh, nonsense, they are all right"—I gave him in custody with the half-crowns.
Cross-examined by MR. COOPER. Q. Did he speak English very well? A. Yes; I understood him vary well—I opened the till, and put the first half-crown into the drawer, not into a cup.
ALFRED LAMB (Police-sergeant M 3). I took the prisoner at the shop and received these two half-crowns—I told him the charge—he said, "I know nothing about it"—I took him to the station, and found a penny on him—there was only one other person at the shop waiting to be served.
Cross-examined. Q. Was she on one side of the counter and he on the other? A. No; they were both side by side outside the counter—one coin is King William's, and the other George III's.
GUILTY .**†— Confined Eighteen Months.
MESSRS. POLAND and TAYLOR conducted the Prosecution.
JOB MATTHEWS . I keep the Two Brothers public-house, Battersea-fields—on the Monday after Christmas-day, about 8 in the evening, the prisoner brought a jug, and asked for a pint of porter—as I was giving her the change, she said, "Oh, let me have a pickwick," that is a penny cigar—she gave me a crown, and I gave her 4s. 9 1/2 d. change—I put the crown in the till; there was no other crown there—in twenty minutes or half an hour I discovered that it was bad—there was no other crown there then—I put it into a drawer with some half-crowns, but no other crown, and ultimately gave it to the constable—on 29th January, my barmaid, Ann Yates, brought a bad half-crown to me in the parlour—I bit it, bent it, went out, and saw the prisoner in front of the bar—I held the half-crown in my hand, and said, "This is a bad one"—she said, "Is it?"—I said, "Yes; you have served me out pretty well; you have passed two bad half-crowns before, and now you. are trying on another"—she said, "Then you are going to blame roe for all"—I said, "I will not blame you for the two first, but I will swear to the crown that you passed on me"—I sent for a policeman—she took the half-crown in her hand, came from the side-box into the front of the bar, and turned her back to me—I heard a chink against her teeth, and Mid, "She is swallowing it"—I saw her take a gulp, and said, "It is gone"—she said, "Yes, it is"—she then drank twice out of her pint beer, and threw the rest on the ground—a constable came, and she given into custody.
ANN YATES . I am barmaid at the Two Brothers—on 29th January, prisoner came, and brought a mug—I served her with a pint of porter, which came to three halfpence—she gave me a bad half-crown—I showed it to Mr. Matthews, who spoke to her—I saw her take it from him, and heard something in her mouth, as if she was twisting it round her teeth—when the policeman came, I said, "Why not give the policeman the half-crown, if you are innocent, and give your address?"—she said, "I shall not do any such thing till I get to the station-house."
GEORGE HUNT . I live at 9, Oval-road, Kennington—I was at Mr. matthews' house and saw the prisoner give Ann Yates a bad half-crown—Mr. Matthews came out and spoke to her—she took it from him, and attempted to go out, but he stopped her—she then turned round to the other side of the bar—I heard something chink between her teeth, and Mr. Matthews said, "It is gone"—I think she said, "It is."
ELIZA PARKER . I am assistant-searcher at Clapham Police-station—I searched all the prisoner's clothing, and searched thoroughly far the half-crown, but found nothing but three halfpence—she said that she had a bad half-crown, but did not know where she got it; she had laid it down on a form, and a young man took it up and went out with it.
Prisoner. I said that he must have done so. Witness. No.
HENRY KATT (Policeman, V 276). I was called, and talked the prisoner if she had got the half-crown—the said, "No"—I asked her, if she had it, to give it to me—she said, "No, not till got to the station"—Mr. Matthews gave me this crown about a fortnight afterwards.
Prisoner's Defence. I gave the man the half-crown, and he said that it was bad. I said that I was very sorry. He said, "Have not you another I" I said, "No." He said, "It strikes me you are the woman who gave me the five-shilling piece." I said, "No," He said, "It was either you or some of your crew, and I said that the first one that came in I would make pay for all." I did not give my address because I was living with my sister, and did not want to get her into disgrace.
The prisoner received good character.
GUILTY .— Confined Nine Months.
MR. POLAND conducted the Prosecution.
JAMES BRANNAN . I live at 39, Radnor-street, St. Luke's—on Wednesday evening 28th January, between 5 and 6 o'clock, I went, with several other offices, to 9, Cross-street, Mason-street, Old Kent-road—I found the street door open, proceeded upstairs to the first-floor back-room, and found the prisoner sitting on a bed—I told him my name was Brannan, and that I had received instructions from the Solicitor to the Mint to look after him about coining, and that I had a search-warrant to search his place—he said, "Yes; you will find all I have got in the wash hand-stand drawer," pointing to a wash hand-stand which stood in a corner of the room—I went to it, and pulled out the drawer; this is it (produced)—on the bottom of it, on paper lay forty shillings, all separate, nothing else—I searched the room, and between a box and the wall, in a corner of the room, I found a parcel containing this galvanic-battery plate, those cylinders, a pipe with white metal in it, as at now appears, two files, with white metal in the teeth of one, copper-wire peculiarly bent, which had been dipped in solution, several brushes, and near them a pipkin, containing white metal, which had been diluted, and eight counterfeit shillings, some of which had been cut, and some bent—I produced the galvanic-battery plate to the prisoner, and he said, "Oh, you are very clever, you seem to know all about it; that is not a galvanic-battery plate"—I said, "We won't discuss that here"—he became very violent—when we found the cut shillings he said, "Yes, they are crippled;" that means that they had been tendered and returned—I also found some pads, which I believe have been used for holding the mould when the metal is in a state of fusion—several bottles containing acids,
some Britannia-metal spoons, some plaster of Paris in powder, some sand some syonite of silver, and all the things necessary for making counterfeit coin, except the mould—I also found this good shilling, which bears the same date as the counterfeit shillings—this wire is bent to hold coin while it is being coated with silver.
JOHN FIFE (Police-inspector, G). I went with Brannan on 28th January, and saw him search the room where the prisoner was—I produce a jug nearly full of some liquid, which I found on a shelf by the fireplace—the prisoner said, "Mind, if you spill that on your clothes it will burn you"—I also found on the mantelshelf half a counterfeit shilling, dated 1826—two Britannia-metal spoons were found, and the bowl of a third—there was fire in the fireplace.
WILLIAM WEBSTER . I have examined all the things produced, and find everything necessary for making counterfeit coin, except the mould; but I find a good shilling, which is a pattern used in making the mould, and I find that twenty or thirty of the shillings here are made from that pattern—Britannia-metal spoons are frequently used in making coins.
Prisoner's Defence. I plead guilty to the possession of all those things, but not to making them.
GUILTY .—William Coombe, superannuated police-sergeant, stated that he had known the prisoner for the last sixteen years as a thief; that he had been several times summarily convicted, and that he was convicted in June, 1864, in the name of William Austin, and sentenced to eight years penal servitude.
Fourteen Years Penal Servitude.
MR. LEWIS conducted the Prosecution.
DR. JOHN SHEA . I reside at 84, Blackfriars-road, and am a doctor of medicine—the writing of this letter of six pages (produced) is the prisoner's; I am well acquainted with it—he was formerly a tutor to my sons, start twelve years ago first—this letter (produced) was given to me by Mr. Wood—this printed paper (produced), addressed to the "Cook at 84", I hate no doubt is the prisoner's writing—I gave him notice to leave; he did no leave voluntarily—I have since received letters from some of my patients—the prisoner bad due notice before the end of the term. (The paper were here read—one was headed, "The brutal Sheas of Blackfriars" and contained absurd and insulting remarks upon different members of the family; the one addressed to the "Cook at 84," was, "Beware of the bloody and brutal Sheas they robbed and murdered a poor sick man, who had worked for them for fifteen years.") There is no troth at all in those libels, that I have starved him, or prevented his employment, or anything of that kind—there is not a word of truth in any of them.
Prisoner. Q. How long was I in your service? A. I don't know the precise period, fourteen or fifteen years—you performed your duties to my satisfaction the greater part of the time; not latterly, certainly not for the last year—I did not dismiss you, out of sympathy and charity; I very seldom saw you—I never cautioned you that you did not do your duty—I never saw any paper that you left on the drawing-room table—you had notice to quit a month before you went—to the best of my belief, Mrs. Shea gave you that notice.
Prisoner. I deny it totally; never one word, by any member of tm family, was ever spoken to me; I did not intend to go back when I left.
Chelsea; I received this long letter, and gave it to the prosecutor on 18th February this year—I believe Dr. Shea is a gentleman very much respected; I have no reason to suppose anything to the contrary.
Prisoner. Q. Did you hear this letter read this morning? A. No; I was out of Court—you have been many times at my house—I never told you that Dr. Shea said that you were only fit to sweep a crossing.
MARIA GILLINGHAM . I reside at Montague-street, Southwark—this letter, addressed to my foreman, was opened in my presence by my sister—I have known the prisoner some three years; he was recommended to my family by Dr. Shea; he used to teach my brother—I have no doubt that this letter, is in the prisoner's writing.
Prisoner. Q. Have you seen me writing such papers at you have in your hand? A. I have seen you printing such papers as these on several occasions; it is my firm belief that this is yours.
The prisoner, in his defence, stated that the writing of the six pages of letter had afforded him great gratification, in as much as it was a truthful statement of the circumstances—that he left Dr. Shea's voluntarily—that nothing was said to him about leaving, and that they had deprived him of the means of living.
GUILTY. MR. LEWIS requested that sentence should be deferred till the next Session, to inquire into the state of the prisoner's mind. Judgment Respited.
PLEADED GUILTY .
Mary Jane Bolt, of East-street, Lambeth-walk, stated that the second wife, when she was married to the prisoner knew that he was a married man.
Confined Six Months.
MR. BESLEY conducted the Prosecution.
GEORGE FERRIS . I am a railway-porter at the Bricklayers' Aims Station, and live at 1, Barron's place, Waterloo-road—about half-past 5, on 7th February, I received my wages at the station, some gold and some silver—I put all the money I received in one pocket—I left the station, and walked towards the Elephant and Castle with my mate, Henry Brown; that was very nigh half-past 1, when we had done work at night—two more of our mates who were going home left us—my mate and I were walking down the Old Kent-road; he left me for a short time; I stood under a lamp-Post to sort my money, and I saw the prisoner about two yards behind me—I shifted the sovereign and half-sovereign away from the silver, and put them in my watch-pocket, and left the silver in my trousers—I had walked about twenty yards on, when the prisoner came behind me, and struck me out the head, very hard indeed; it very nigh stunned me—I turned round and seized the prisoner, and we both fell to the ground; he then tried to get his hand into my watch-pocket to take the gold out—there were no more blows struck—he could not get the money out of my pocket, as I had him so tight round the neck; and he drew a knife, or scissors, and stabbed me in the face—I called out that I was stabbed—a policeman came up—I gave the prisoner into custody, and went to the station.
Cross-examined by MR. GENT. Q. Were you on duty? A. Yes; this occurred about half a mile from the Bricklayers' Arms Station—I stopped under the lamp-post to see whether I had given a sovereign away to a publican instead of a shilling, or a half-sovereign instead of a sixpence—I had some beer while I was at work; only one pint, I am sure of that—I had never seen the prisoner before—I did not see anybody with him—struck me on the head, as I was walking along—he was behind me—we were both walking the same way—I could not see anybody else in the street at that time—a policeman and some more men came up while I was on the ground—not a second elapsed from the time I received the blow to my scuffling with the prisoner—nobody was near at the time—I was quite sober.
COURT. Q. Did he strike you more than once in the face? A. He stabbed me twice, in the face and in the ear.
HENRY BROWN . I live at 29, Richmond-street, Walworth, and am a railway-porter—I was going by the Elephant and Castle with the last witness—I was a little behind him, and saw him and the prisoner fall—I heard him say that he was stabbed—several other men came up to them at one time; one stepped on the pavement, and I shoved him off—the policeman then came up, and the prisoner was given in change—he was bleeding—he was sober.
Cross-examined. Q. Had year been with him anywhere to have any drink? A. Yes; I had a glass of ale and he had the same; I had a pint of beer also after that, but the prosecutor did not—that was just before 12, and it was about half-past 1 that this took place—we were on duty up to that time on that night—there are a great many people passing near the Elephant and Castle—I was perhaps ten yards behind the prosecutor at the time.
JOSEPH BREWIR (Policeman, P 118.) I arrived when the prisoner and prosecutor were down on the ground—I heard cries—I saw the Prosecutor bleeding very much, and asked him who had done that—he said, "That is the man; he has stabbed me, and I shall give him in charge"—I asked the prisoner how he came to do it—he said, "If you want me, you take me to the station-house;" that is all he said.
Cross-examined. Q. What was said by the prosecutor? A. He told me that the prisoner knocked him down and stabbed him—blood was flowing on the pavement—I found no instrument; several people were round when I went up—the prosecutor was bleeding very much from two wounds—he walked some part of the way to the station, and some part we had to him; he fainted away.
MR. BESLEY. Q. Was he sober or drunk? A. Sober, and the also.
JOHN ABBOTT SQUINCE . I am assistant to Mr. Howitt, a surgeon, of 8, York-place, Walworth-road—I was called up at 2 in the morning, and examined Ferris at the police-station—there was an abrasion on the left cheek and an incised wound on the left ear, about a quarter of an inch in breadth and half an inch deep—that could not have been inflicted by a fell on the stones; it must have been caused by a sharp-cutting instrument.
Cross-examined. Q. You are not a surgeon? A. I am an assistant have not passed The Hall yet—there was only an abrasion on the face; might have been done in a scuffle—if the injury behind the ear had been caused by a fall, or anything projecting on the pavement, or by the corner of a lamp-post, I should have expected to find more external injury—it might have been done by a sharp piece of iron on the flag-stone—it could
have been done by a pair of scissors or a penknife; they would make a wound a quarter of an inch wide.
MR. BESLEY. Q. Have you been some time studying the profession? A. For eight years—in my opinion the wound on the ear could not have been indicted by a fall on a sharp instrument on the ground; if that had been the own, there would have been a bruise as well as a out; here there was a cut and no bruise.
MR. GENT. Q. Could the abrasion have been done by a sharp instrument A. Yes, by the edge of an instrument I saw it could—there was hemorrhage from it.
GUILTY .†— Four Year's penal Servitude.
Then was another indictment against the prisoner for an assault, to rob the prosecutor.
Before Mr. Recorder.
MR. HAWTHORN conducted the Prosecution.
JOHN HARRIS . I am a carrier, and reside at Richmond—the prisoner was in my employ for some months previous to, 10th February, as a carter—I sent him to London, on 9th February, as my carman—I said, "You call at The Lodge, at the Marquis of Lansdowne's house, and you will find there a small parcel, containing money for the gardeners ', take care of it"—he came home with the cart that night, but did not deliver any parcel from the Marquis of Lansdowne's lodge—the cart was locked up in way cart-house with the things in it—he did not return to his work the following morning—it was his business to come about half past 7 o'clock, first to look after the horse, and then to come in to me to book the work that was done on the previous day, and deliver up money and bills and receipts, and so on—he did not come—I did not see him fur a fortnight afterwards—I have never received the parcel for which I desired him to call at the Marquis of Lansdowne's.
Cross-examined by MR. COLLINS. Q. Who, besides the prisoner, went with your cart to London? A. Two men, Yates by and Woodham, neither of whom art here to-day—I cannot tell how many parcels the prisoner collected that day; the number varies from day to day—I cannot tell you how many parcels he brought back in the cart; not so many as fifty, perhaps twenty—he had to go round to different places to collect some, but not all; be would get some at the booking-them—it was the business of all three men to go round and collect them—when the cart came home that night the home was taken out and the cart was locked up—if I had thought the prisoner a rogue, I should have asked him for this money when he came back—we have a little box in front of the cart, under the seat, and it is his business to put all small parcels into that; he has no business to have any of them about his person, and the next morning, when he comes, everything he does is booked—all the valuable parcels are left in the cart and in the cart-house all night—I examined the cart next morning and found it damaged; there was a little piece knocked out of it—there was a collison at Charing-cross; only one of the other men was with the prisoner then—the done was not damaged only a little lame the next morning; that was not done by the same collision; there were two, one in Park-lane, going into London, and the other against a cab, coming out of London at night; but there was no done to the cart or horse at the second collision—I have spoken to prisoner on some occasion about his coming late, and said, "Well, if You don't improve, I must get some one else."
MR. HAWTHORN. Q. When he returned that night, was the cart locked up securely in the shed? A. Yes; I locked it up myself, and I opened the shed first next morning—the locker in the cart was not damaged at all; it was quite safe—when I found the prisoner did not come, I searched the locker, more especially for that parcel, knowing it to be a money-parcel, and I could not find it—I sent a man for the prisoner when I found he did not come
WILLIAM EARN . I am secretary to the Marquis of Lansdowne—on 9th February, I made up a parcel containing 10l. 16s.; there was a 5l. note, five sovereigns, 16s. in silver, I think, or else there was a half-sovereign, I am not sure which—I put an address on the parcel, "Mr. Clark, The Marquis of Lansdowne's, Richmond"—I left it with the porter, with instructions as to its destination.
ALEXANDER LEITH . I am porter to the Marquis of Lansdowne, at Berkeley-square—I received a small parcel, sealed, from the last witness, on 9th February, addressed, "Mr. Clark, Marquis of Lansdowne's, Richmond, Surrey, "with the date—I received some instructions from Mr. Earn about it, in accordance with which I gave it to the prisoner on the evening of the 9th—he called and asked for it.
Cross-examined. Q. Was any one with the prisoner? A. No.
GEORGE LEVIN . I produce a letter in the prisoner's writing—(The letter being read stated, that he was sorry for what had happened and enclosed the notes in his possession, 15s. cash, the whole he had received)—the letter was sent to Mr. Harris, for whom I work.
MR. HARRIS (re-examined.) I received that letter two days after the prisoner had left; I think it came on the morning of the 12th, by post—this is the cover that it came in, with the post-mark of Sittingbourne.
MR. COLLINS. Q. The letter speaks of some notes? A. One of the notes is that on which the writing is—one is a note which he received from Mr. Clark, of Hammersmith, on that day for somebody at Richmond—I do not know that a customer of mine, on the day before the prisoner went to London, gave him these two sums to pay for something—on the Saturday a customer sent 10s. for him to go to the New Cut to fetch some clothes; and when he got there, instead of 10s. they were 15s., and the prisoner did not feel disposed to pay the 5s. out of his own pocket.
COURT. Q. However, it was found that he had received it in some way as your servant? A. Yes.
GEORGE HENRY CLARK . I am gardener to lord lansdowne at Richmond, and am in the habit of receiving a monthly parcel of money to pay the men—I did not receive the usual parcel at the beginning of February last—it used to be brought to me by Mr. Harris, the carrier, or his man.
WILLIAM BURRIDGE (Policeman, V 156) On 10th February I received a warrant to apprehend the prisoner—I received an envelope of a letter from Mr. Harris, and I went to Sittingbourne, in Kent, on 12th February, but could not find the prisoner—I found him on the 23d at Richmond, and took him in custody—I told him I wanted him for stealing money—he replied, "I have sent it back"—I said, "There was a parcel that you received at the Marquis of Lansdowne's, in Berkeley-square, containing money"—he said, "I acknowledge receiving it; I carried it in my pocket till I got to Hammersmith; I then put it in the cart, as we are not allowed to carry parcels in our pocket"—I asked him if he had been to Sitting-bourne—he said he had; that he had been at work on the railway.
Cross-examined. Q. Has he relations at Sittingbourne? A. I do not
know—I went there in consequence of the postmark of the letter—he made no resistance when I ultimately took him in the streets of Richmond.
COURT to JOHN HARRIS. Q. Who was with the prisoner that day? A. Two men left Richmond with him, and also came back with him—they had equal access with him to the cart—there was no lock on the locker of the cart—any one could go to the cart—I cannot say who drove it.
NOT GUILTY .
THOMAS COOPER . I am a carpenter, living in Lambeth-square—on 19th February, about a quarter-past 2 o'clock, I was knocking at the door of the Starlight public-house, Blackfriars-road, and I felt the prisoner, who came in front of me, give a tug at my watch—I had not seen him before—I halloed out to my friend, "Tom, my watch is gone"—the prisoner ran away and tripped me up, and I fell on my back; another man gave me a shove—my watch was not found.
Prisoner. Q. You said you were knocked down in front of the bar? Witness. That was in the early part of the evening; this was after 1 o'clock—my watch was safe at a quarter to 2; I looked when I came out of the public-house—you are the person who took it out of my waistcoat-pocket—several persons were there, a good many of our own workmen; I knew most of those who were there.
THOMAS COOPER, JUNIOR . I am the son of the last witness, and was with him when he was knocking at the door in the Blackfriars-road—I did not notice any other people trying to get in—there were three or four of our friends that had come from the party—I heard my father cry out, and then for the first time I saw the prisoner come out of the crowd, and run off—there was another man standing outside, and I heard one of them say, "Have you got it?" but I do not know which—I ran after the prisoner, down the Blackfriars-road, and gave him into custody.
Prisoner. Q. Did not you make a strike at me, and say, "Give me that watch"? A. No; that was not me.
HENRY ALFRED HORN (Policeman, L 186). I heard the cry of "Stop thief!" and took the prisoner—I searched him, and found nothing on him—he gave his address at the station—I saw the prosecutor; he had been drinking, but knew what he was about—the son was perfectly sober.
THOMAS COOPER, SENIOR (re-examined). When I felt the tug, there were only two strangers near me that I could see—the prisoner was in front of me, and the other shoving me behind—all the others were my own friends—the prisoner and the other man both ran away—one of my mates ran after the other, and he hit him in the face and knocked him down.
GUILTY .— Confined Six Months.
MR. COOPER conducted the Prosecution, and MR. OPPENHEIM the Defence.
GUILTY on the Second Count — Confined Eighteen Months .