CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 6TH, 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,
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 6th, 1863, and following days.
BEFORE the Right Hon. WILLIAM ANDERSON ROSE, M.P., LORD MAYOR of the City of London; Sir James Plaisted Wild, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Mellor, one of the Justices of Her Majesty's Court of Queen's Bench; William Taylor Copeland, Esq., M.P.; Sir John Musgrove, Bart.; David Salomons, Esq., M.P.; Thomas Quested Finnis, Esq., Aldermen of the said City; Russell Gurney, Esq. Q.C., Recorder of the said City; William Lawrence, Esq.; William Ferneley Allen, Esq.; Thomas Dakin, Esq.; Robert Besley, Esq.; and Sidney Hedley Waterlow, Esq.; Aldermen of the said City; Thomas Chambers, Esq. Q.C., Common Sergeant 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. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 6th, 1863.
PRESENT—The Right Hon. the LORD MAYOR; Mr. RECORDER; MR. Ald. LAWRENCE; and Mr. Ald. DAKIN.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
FREDERICK ALLEN . I am a tailor, of 2, Queen-street—on 4th February, about a quarter to 1 in the morning, I was going home, and saw two men in advance of me—one of them, the prisoner, was six yards in advance of me—he grasped me by the throat, and the other struck me on my eye, tore my waistcoat open, and broke my guard chain—I had no watch—I called out, "Murder! police!" and they ran away—I saw them as they came towards me—there was a lamp within six or seven yards—I could see the prisoner's face, and am sure he is the man—I pursued them—one ran into Leicester-square, and the other into Lisle-street—one was stopped by a constable fifteen or twenty yards from me—the part of the chain taken was not worth above sixpence.
Cross-examined by MR. PATER. Q. Were you sober? A. Yes—I had been at the Bell public-house, 5, Leicester-street, with two friends, taking a glass of ale—I had not left there two minutes—I went there at a quarter Past 8 or 9 in the evening—I went into no other public-house—I was there from half-past 8 till a quarter to 1, and had two or three glasses of ale, not more, and was quite sober—there was gas, and the tradesmens' lamps, I believe—I saw the prisoner come towards me, and saw him run away—my eye was inflamed a short time afterwards—I was taken to identify the prisoner about a month or five weeks afterwards—he was brought out with nearly a dozen others, in the police-yard, Marl borough-street.
RICHARD FENN (Policeman, C 75). On 4th February, I was on duty in Lisle-Street, Soho, between 1 in the morning and half-past—I heard a scuffling at the bottom of the street, stood perfectly still, and the prisoner came running towards me, and just as he reached me, he said, "Stop thief"—
knowing that there was nobody before him, I seized him, and took him back to the bottom of the street, but saw nobody—I kept him twenty minutes, and then let him go, saying, "Now mind, I am going to take a good look at you, and, if you have done anything, I shall know you again"—I was called about a fortnight ago, and identified him—this was about a hundred yards from Sidney-alley.
Cross-examined. Q. Who took the other man? A. John Doncaster; I saw him that night after I let the prisoner go—I did not hear cries of police, only some scuffling.
WILLIAM ACKRILL (Policeman, F 48). I took the prisoner on 25th March, at 11, Newcastle-street, Strand—I had been searching for him ever since—on opening the door, I saw some chimney soot on the floor—I looked up the chimney, and saw the prisoner there—I called him down, and told him I should take him in custody for being concerned with a man named Rose in a highway robbery—he said, "I know I shall have ten years for what I am going for, and I will kill you, you b—"—he aimed at my head with the leg of a bedstead, which struck me on the shoulder—we had a great struggle, assistance came, and I took him to the station—the blow rendered my arm sore for some time; I could not lift it to my head—if it had been on my head it would have been very serious.
Witnesses for the Defence.
THOMAS ROBINSON . I live at 17, Camden-place, Notting-hill—on 3d February I was at Mr. Gleeson's, Newcastle-court—I went there at 10 at night, and remained till half-past 11—the prisoner was there when I went in, and when I left he went with me to Notting-hill, leaving his father and mother there—Payne also went with us—I took the prisoner home to my house, and he remained there till the 5th.
Cross-examined by MR. COOPER. Q. Was that the first time he stayed with you? A. Yes; I invited him—I know it was the 3d, because I had business in London—I am a tinman, and had to meet Mr. Richardson, of Whitechapel, to receive some money—I have never been in trouble—I did not hear of my friend being dragged down the chimney till his father came and told me—I never heard of it till after he was committed—I invited him to stay with me because it was too late for him to return—I had a spare bedroom.
COURT. Q. How do you know that it was on 3d February? A. It was on Tuesday, and I had to meet Mr. Richardson; he is not here.
MR. PATER. Q. Is Mrs. Robinson here? A. I do not know; she may be; she is not very well—I told her she could come.
WILLIAM PAYNE . I am a bricklayer, of 5, Newcastle-court, Strand—on Tuesday night, 3d February, I went to Mr. Gleeson's house by myself, about half-past 10 at night—I flaw Mr. and Mrs. Robinson there, and the prisoner and his father and mother—I stayed till half-past 11 at night, and then returned to Notting-hill with the prisoner and Mr. and Mrs. Robinson—I slept there with the prisoner, and stayed till a little after 5 in the morning, when I left the prisoner in bed—I heard of this charge on the night he was taken, eight or ten days ago—I went before the Magistrate, but no witness were called.
Cross-examined. Q. When you left the Strand, did you expect that you were going to sleep there? A. I was not invited to sleep there till I got there—I had slept there three or four times before; the last time was on Christmas night—the prisoner was not there then—he and I slept together on this occasion; we went to bed half an hour after we got home—this was
Tuesday night, or rather Wednesday morning; Tuesday was the 3d—I know that Monday was the 2d, because I took my wife to the hospital for diseases of the skin, at the foot of Blackfriars-bridge, and I noted the date down on a piece of paper at home, but that is destroyed, no doubt, long ago; I left it on the mantelpiece—I agreed to pay so much a week for my two children, and that is how I know particularly it was that day of the month—I did not go in and give my evidence before the Magistrate, because I was not called for; I went there voluntarily—I did not know the nature of the case till I got there—I did not let anybody know that I was there—Robinson did not go with me; he knew nothing about it; he lives five miles away—the prisoner's father, and several friends, whose names I cannot mention, went with me—I saw Robinson since that, on Good Friday evening, and yesterday; we had two or three words about this matter, and I made an appointment to meet him this morning.
COURT. Q. Have you ever known the prisoner to sleep at Notting-hill before? A. No.
MARY ANN ROBINSON . I live with my father and mother—on 3d February the prisoner and Mr. Payne came home with them, about half-past 1 o'clock—I was sitting up for them—it was about a quarter to 2 o'clock when we went to bed—it was so late that my father and mother would not let the prisoner and Payne go home, and they slept there—my father called Payne at 5 o'clock to go to his work, and the prisoner remained at our house till 5th February—he is not a relation of mine.
Cross-examined. Q. How do you know it was 3d February? A. Because my mother pays the rent every Monday, and I know the date by the rent-book—Payne has slept at our house two or three times previously, when he called to see my father and mother, who have known him for years—this was the first time the prisoner slept at our house—I generally occupy the bed that he slept in on 3d February, but I slept with my mother and father that night—I mean to say that under those circumstances he stopped there till the 5th, but I was not with my father and mother all the time; I was on a sofa bedstead—I did not go before the Magistrate; I was not asked; I know nothing about it—I first heard of his being taken on 4th March, three or four weeks ago, when my father and mother came to London and called on Mr. and Mrs. Gleeson—my mother is not able to come here to-day.
COURT. Q. Do you say that Mr. and Mrs. Gleeson heard that their son was in trouble three or four weeks ago? A. They told my father and mother of it, that he was sent to prison, and sent for trial at Newgate—I know that this was the 3d; I paid my mother's rent on Monday, because I did not go to work—I have not got the rent-book here—my mother pays the rent every Monday, but I know this was not on the 9th, because, when the prisoner and Mr. Payne came home, I was at home, and I did not go to work till 3d February—I had not been at work a good while before that—I have been at work ever since.
THOMAS DYER . I am a hawker—on 3d February I was at work at Gleeson's house, where I live—I went in at a quarter past 11, and found Robinson, Payne, and the prisoner and his father and mother there—they live in the game house; I rent a room of them—I went in to pay my rent, and remained till he booked it down—I saw no more till 5 in the afternoon, when the prisoner came in and remained there till he was taken.
Cross-examined. Q. Are you related to the prisoner? A. No; nor am I connected by marriage with him—I have no doubt this was the 3d, because
it is booked in my rent-book—I went before the Magistrate, but no witnesses were called.
The police stated that he had three years' penal servitude, and had been several times in custody. Ten Years' Penal Servitude.
MR. WEIGHTMAN conducted the Prosecution.
CHARLES WILLIAM WHEELER . I am Secretary of the Friend-in-Need Sick Fund Society—I have our enrolled rules here—the prisoner was engaged by the Society to get persons to become members, and to receive their subscriptions—the prisoner's appointment is in writing; this is it—(This appointed George Clark as "agent," he agreeing to remit all moneys once a week to the office, and send in a detailed balance-sheet once a month)—he was our agent, with an interval, up to 10th January—his agency altogether ceased at one time, but he was re-appointed in the same way—I have not that appointment here—an explosion of gas blew out the office windows, and a great number of papers were blown away, burnt, or lost—I have searched the office for the second appointment, but cannot find it, and believe it was destroyed at the fire—it was precisely the same as the first.
MR. LEWIS. Q. Is there not a duplicate filed under the Friendly Societies Act? A. No; but the prisoner would have a copy—the second appointment was placed away with a number of others in the room immediately over the office—I believe the date of it was January, 1861—I have not seen it since it was originally signed by my brother, who was then Secretary, in my presence—I read it, and saw it placed away in a pigeon-hole in the office, kept on purpose for these articles—I recollect it because Mr. Clark came to be appointed again after his return from the Crimea—the fire was in April, 1861; it was an explosion of gas in the second floor, but it blew out the whole of the front windows of the house, and a great quantity of papers were blown about the streets, and not recovered—I have since searched for this document in the pigeon-holes, and every other likely place.
COURT. Q. How do you know that it was the same? A. They are all on printed forms—this was near the top of the pigeon-hole, and therefore would be more likely to be disturbed—papers in that very pigeon-hole were disturbed—instructions on a portion of the same sheet are given to agents at the time they are appointed.
MR. WEIGHTMAN. Q. Do you know what the instructions were in the second document? A. The first is a little longer, but the wording of the second is precisely the same—the prisoner ceased to be the Society's agent in January, 1863—he sent in his accounts prior to closing his agency—this (produced) is one of the books issued by the Society to its members—we have entries in our books of the name of William Makepeace—the majority of entries are in Clark's writing, and some in his wife's—I have seen him write—the last entry by Makepeace to Clark is January 19th, 1863—it is the agents duty to make a return of his cash weekly.
COURT. Q. Have you any return made by the prisoner of payment in December? A. A number of returns—the last is August 18th, 1862—it is the agent's duty to make a return of all members' last payment, and the reason of their ceasing to pay—this is in the prisoner's wife's writing, and it states that the last payment by William Makepeace was on September 9th, 1861, and that the policy had lapsed—lapsed policies are retained our books thirteen weeks, and I have called the prisoner's attention to the fact of their remaining longer—I found thirty-six week deducted, and he had
no right to charge more than thirteen; he replied that they were respectable people, and there was a chance of getting a good bit of the money in, therefore he did not make the return earlier.
Cross-examined by MR. LEWIS. Q. I see this appointment is dated 22d February, 1854, how long did he continue to act under it? A. Till some time in 1856—I will not be positive as to the date—he then ceased to be an agent, but was re-appointed in 1860—I will swear that a second appointment was signed; that was in the spring of 1860—I am certain under the first appointment the prisoner had 10 percent commission, and half a crown a week; he also had the half a crown a week after the second appointment—I swear that, and these books prove it.
Q. I see here, "In order further to stimulate the agent, &c., a small weekly allowance will be made of half a crown, bat in no case will such allowance be made until a profitable and prosperous agency is established;" in those the instructions you give to your agents? A. Yes, we call it a salary—the returns were generally made by the prisoner's wife, who did all the writing for him—in some instances one or two entries were in the prisoner's writing, but, as a rule, they were his wife's, by his knowledge and sanction—the money was not always sent to our office by the wife in letters; sometimes he brought it himself—we have about 500 agents distributed over the country—they send us in a balance-sheet at the end of the month—it sometimes happens that a balance-sheet is down to the end of the month, and the balance remains unpaid—we sometimes do not receive sums which have been paid by our agents during the week—we frequently received the money from the prisoner long after the payment of it, and after the balance-sheet was made up; that was the reason we discharged him, because we could not make him more punctual as to the payment of the money—I called his attention to some names in the return, and he looked at it—the last payment is December 9th, 1861; I showed it to the prisoner in August, 1862—he is still a member of the Society, but he has ceased to be agent—his wife did not make returns after August—we have sent accounts to him in August, October, November, December, and January, and had no return for either of them—when an agent makes a return it is gummed in facing his account.
MR. WEIGHTMAN. Q. Have you frequently called the prisoner's attention to the returns in his wife's writing? A. Yes, he acknowledged them as being under his authority; he always submitted them as his—I am sure I called his attention to the name of Makepeace and several others; he said that they were decent, respectable people; he did not think it would be allowed to lapse—if Mr. Makepeace had died, and owed more than thirteen weeks, we should have considered that he had no claim on the Society.
WILLIAM MAKEPEACE . I live at 13, St. George's-terrace, Liverpool-road, and am a member of the Friend-in-Need Society—the prisoner called on me as their agent, and I made payments to him—I have seen him write; numbers of entries in this book are his writing—here is 1s. 3d. entered on the 16th; the net amount is 2s. 10d. in three sums, with the prisoner's acknowledgement to them—he mostly called on me, but he has waited on my wife, and signed it there—here is 2s. 10d. on 23rd December, and 2s. 10d. on the 30th, with the prisoner's signature acknowledging the receipt—I have never been thirteen weeks without paying.
MR. LEWIS contended that the prisoner was not in the service of the Society, but was only an agent, the word "agent" being used throughout; and further,
that the agents were required to take shares in the Society, therefore they could not be its servants (See Reg. v. Walker, 21 Law Journal, and Reg. v. Gibson)
THE COURT declined to stop the case, but would reserve the point if necessary.
COURT to CHARLES WILLIAM WHEELER. Q. Had the prisoner any allowance for the expenses of the office? A. He was allowed to charge for stationery, and all kinds of office expenditure—this 2s. 6d. was not for that—the 2s. 6d. is spoken of as "salary" every month in the accounts.
MR. WEIGHTMAN. Q. Are there trustees appointed? A. Yes, by the members at the Annual Meeting; it is then sent signed by three members, and counter signed, to Tidd Pratt—I was present at the last meeting, when Thornton Hunt was appointed to fill a vacancy—Michael Wheedon was appointed it 1854; I was present; it was a lawful, Annual Meeting, called pursuant to notice sent to the members, and of an advertisement—the other Trustee, William Whitehorn, was appointed in 1860; I was present—it is done by a resolution put to the meeting—I have not got it here—it is not in writing; a member got up, and proposed a trustee, who was afterwards elected unanimously, and who acted, and a record of that fact is put into the Minute-book afterwards.
MR. LEWIS. Q. after the proposal there is a resolution, is that resolution entered on the Minutes? A. Yes, afterwards—the Secretary is there at the time, or is supposed to be—we enter all that is done, whether the resolutions are lost or carried.
COURT. Q. The Annual Meeting is in January according to the Rules? A. Yes, but by a subsequent resolution that has been altered to May—there were about 600 persons present, and the Trustees were elected unanimously on each occasion—I have not got the exact date of the conversation with the prisoner about Makepeace, but it was a week or two after the date of the account, which was September, 1862—the sums charged are in December, 1861, and December, 1862, he having received all the money in the intervening period.
COURT to WILLIAM MAKEPEACE. Q. In what year were the three sums you mention? A. In 1861.
NOT GUILTY .
MR. WEIGHTMAN conducted the Prosecution.
SAMUEL GILBERT . I live at 87, St. John-street, Clerkenwell, and was a member of the Friend-in-Need Sick Fund in March, 1862—I have my book here—here is an entry of 8s. 4d. on 3d March, and 8s. 4d. on 10th March—I paid those sums to the prisoner, who signed my book—I have seen them write—this is his signature.
JOHN FARRADAY . I live at 48, Goswell-street, and was a member of this Friendly Society—I have my book here—here is an entry in it of 1l. 1s. 8d. paid by me to the prisoner on 12th May, which he has signed—this is his writing.
GEORGE WILLIAM WHEELER . I am Secretary to this Society—the trustees are, Michael Wheedon, appointed in 1854; William Whitehorn, in 1860; and Thornton Hunt, in 1862—I have here the returns made by Clark for 1862, for March and for May, but the name does not occur in either of them; the first time he returns Samuel Gilbert as not paying is in August, 1862, he returns him as owing 8l. 2s.—there are twenty-six names in return, and I find eighteen of them were paid. Gilbert and Farraday are not returned in it, but Gilbert is returned as never having paid him anything at all—I called his attention to that, and he said, "I did not like lapsing
people as long as I thought there was a chance of getting them to pay"—he only sends Farraday's name in once, when he says that he owes twenty-five weeks—he deducts in Gilbert's case twenty-three weeks at 2s. 1d.
COURT. Q. Did you ask him anything about Farraday? A. I do not remember; but I called his attention to all of them being more than the number of weeks that he had any right to deduct—this "amount charged on policies not taken up" would be the amount he would have to account for, if he never received anything—the policy was not taken up—I spoke to dark, who said that he did not like to do anything.
Cross-examined by MR. LEWIS. Q. When money is paid, where is it paid? A. At the office—I put it to his credit, or some clerk in the office whom I employ to make it out—I should give him the aggregate.
COURT. Q. Just take the previous months' accounts; does Gilbert's name appear in each? A. In the previous account he has made no return—he takes off the whole of these names which he says are not paid, and that makes it come to 15s. 7d.—I give him credit the following day for all sums not paid.
MR. LEWIS. Q. How many books do you keep? A. We have a cash-book in which all entries are made, the gross amount that I receive of the agent—if the prisoner paid me money, I should enter it in the cash-book—it a not here, but here is his own register of his subscriptions; we examined his book occasionally and saw that it was the same as ours—he was summoned before the Magistrate, and attended; that was rather better than a month ago—we did not discover this till we heard of persons paying who had ceased to pay; we then made inquiries, and summoned him before the Magistrate the following day.
MR. WEIGHTMAN. Q. Have these sums been paid in to the funds of the Society? A. They have not—the last payment made by the prisoner was 18s. 9d. in July, 1862, and the previous sum was 3l. on June 6th.
MR. LEWIS. Q. Was not a sum very often paid in without any entry whatever, and you would have to refer to other accounts for the items? A. Yes; but he gives an account of persons who have not paid.
GUILTY .—MR. WHEELER stated that the prisoner's defalcations were about 27l.— Confined Eighteen Months.
MR. LILLEY conducted the Prosecution.
HARRIET HARRISON . I live at 4, Cleveland-street, Mile-end-road. On Friday, 27th February, I was with Ellen Clark, in the City-road—we met Johnson and two others—they spoke to us, and we thought the man who is not here was a friend from the country; and he, Johnson, Clark, and I, went to the Vernon Arms, City-road; we had some ale—there was some raffling, and the prisoner Beeston came in with a pin, and asked 7s. 6d. for it. Johnson said he would give him 1s. for it, which was refused—Beeston took out three cards to raffle for the pin, and they bet 5l. to 1s. that they would win it, and Johnson lost—after they had lost twice, we lent them our watches, because they had lost their money, until they could get a 50l. note changed, which Johnson produced—I did not have it in my hand, but I saw 50l. on it—the man who is not here wanted to change it; he and Johnson suggested our lending our watches; the man who is not here said that he had lost 10l.—mine was a gold watch and a gold chain, worth about 9l. together—
Beeston had both watches in his care—I saw mine in his possession after delivering it up—the man who is not here then wanted me to go out with him to change the 50l. note—I at first said, "No;" and afterwards I said I would, if my friend Clark stayed with the watches—she stayed in the Vernon Arms with Johnson and Beeston, and I went with the third man a little way up the street—he left me at the corner of the street, and told me to wait there—he ran across to a public-house to change the note and returned in about two minutes, saying that he could not change it there—I did not see the note again—he walked down the street half-way to the Vernon Arms with me, and told me to go and tell Johnson and my friend that he was going to borrow 20l. of Mr. Church—I returned to the Vernon Arms, and Ellen Clark was outside the house looking for me—I went in, but the man and the watches had gone—I remained looking for them about twenty minute—I next saw Beeston again at Islington-station—my watch was taken against my consent—I only lent it till the 50l. note was exchanged.
Cross-examined by MR. LEWIS. Q. What are you? A. A dressmaker—Beeston was not with Johnson at first, he came in about ten minutes afterwards—I had never seen the three card trick before, I watched it, but I did not play—I thought I could tell the card—I did not take my watch off for the express purpose of playing with the three cards—I did not stake my watch, and I did not bet—I cannot say but that I knew the card—I was not to have 1s. if I named the right one—after I had taken my watch off I drew out a card, which turned out to be the wrong one—Ellen Clark was then in the room—I do not remember seeing her touch the cards—Beeston took the cards out of his pocket and put them, on the table—I have got my watch back.
Cross-examined by MR. METCALFE. Q. At what time did you meet them? A. At about half-past 3 in the afternoon, and lost sight of them between 6 and 7—it was 7 o'clock, when we went to get the note changed—we walked about the City-road for two hours after we met them, before we went to Vernon Arms—I was out of a situation—we did not go to the house where I live; we went to a public-house, and remained there half an hour—we had gin in the first public-house and bitter ale in the second—we might have been an hour in the second public-house where the cards wore produced.
MR. LILLEY. Q. Although you touched the card, did you play any part in the games that were going on? A. No; I did not bet or stake my watch—I was not to win anything if I touched the right card; the men played by themselves, but I remember taking one up—I do not remember anyone saying that I had forfeited my watch—Beeston did not say that I had lost my watch in the game; I was to have it back when the note was changed—Johnson and the man must have lost 10l. each, and Beeston won it—he did not win the watches besides the two 10l—Beeston came in like an entire stranger to the others.
ELLEN CLARK . I live at 7, Newington-causeway—I was in the City-road with Harrison, on Friday, 27th February—we met Johnson about half-past 2 o'clock, with two others, and after some conversation with them, we went to the Vernon Arms; Johnson, the third man, myself, and Harrison—after we had been there a little while Beeston came; he appeared to be a stranger—he produced a scarf-pin, and some cards, with which raffling took place for it—he bet the others 5l. to 1s. that he would win, but he lost twice—a 50l. note was then produced, and they wanted us to lend them our watches till they got it changed—I saw half of it, and saw "50"—we did so; Beeston took the watches, and the one who is not here went and pretended to get
the note changed—I remained with Johnson and Beeston—Johnson then asked me to go outside and speak to him, and I went out—he said, "Go inside and stop with the man with the watches till I come back"—and when I went back the man was gone and the watches—I went out to look for him, but did not find him—I found my friend in ten minutes or a quarter of an hour—I did not see the men again that evening, but I met Johnson one afternoon in the neighbourhood of the Waterloo-road, and gave him in custody.
Cross-examined by MR. LEWIS. Q. Had you ever seen the game of three ends before? A. No; I watched them while they were playing, but I did not try—I took off my watch to lend to the one who had lost to Beeston—I give it into Beeston's hands—it was to represent the money which the one had lost, who I intended to serve—Johnson was my friend.
SAMUEL SUMMERFIELD (Policeman, L 198). On 3d March, I was on duty in the Waterloo-road and met Clark, who gave Johnson in custody for stealing two watches and chains—he said that he had had the watches, and knew where they were, and if I would allow him he would go and get them—I said that I dare not, as they had given him in custody.
JAMES CRAVIS (Policeman, N 71), On the morning of 12th March, I took Beeston, and told him it was for fraudulently obtaining two watches of two females in the Vernon Arms, Pentonville-road—he said, going to the station, that the females took their watches off and put them on the table.
MR. METCALFE submitted that there was no case of stealing, but only of fraud, as the watches had been voluntarily given up, and had never been converted into money. (See Reg. v. Riley, 1 Cox's Criminal Cases, and Reg. v. Brooks, 8, Carrington and Payne). MR. LILLEY contended that case was a system of fraud for the purpose of committing a larceny. THE COURT considered that if the prisoners took the watches, intending to appropriate them to their own use, the indictment would be made out.
BEESTON— GUILTY.—He was further charged with having been before convicted, in April, 1659; to which he PLEADED GUILTY.— Confined Eighteen Months.
JOHNSON— GUILTY .— Confined Twelve Months.
ELLEN JOHNSON— NOT GUILTY .
PLEADED GUILTY .
The prosecutor stated that the prisoner had given him a list of 400l. defalcations. Judgment Respited.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .—Recommended to mercy by the prosecutor. Confined Eighteen Months.
543. CHARLES BELLEW (24) , Stealing 4 boxes of soap, value 2l. 10s.8d., and other articles, the property of Alfred Barnard, his master; also, embezzling 2l. 10s. 8d., the property of his said master; to both which he
PLEADED GUILTY , and received a good character.— Confined Twelve Months.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Six Months.
546. SAMUEL LEWIS (30) , Feloniously forging and uttering an order for the payment of 50l.; also, an order for the payment of 1l. 4s. 6d.; also, an order for payment of 10l.; also, another order for payment of 10l., with intent to defraud; to all which he
PLEADED GUILTY .— Six years' Penal Servitude.
PLEADED GUILTY .**— Five years' Penal Servitude.
PLEADED GUILTY .*— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
NEW COURT.—Monday, April 6th, 1863.
PRESENT—Sir JOHN MUSGROVE, Bart. Ald.; Mr. Ald. DAKIN; Mr. Ald. WATERLOW; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Nine Months.
MESSRS. CRAUFURD and ORRIDGE conducted the Prosecution.
FANNY YELTON . I am the wife of Henry Yelton, and was serving at the King's Arms public-house, Marylebone-street, on 26th February last, when the prisoner came about 3 o'clock in the afternoon, asked for half a pint of beer and gave me a half-crown—I put it in the till where there was no other, and gave him 2s. 5d. change, and he left—my sister came in just afterwards and called my attention to the half-crown in the till—she took it out, and we tried it in the detector, and found it was bad—it was the same the prisoner had given me—I had not taken any other—I saw the prisoner again about 8 o'clock the same evening in front of the bar—my sister was there, and I came from the bar-parlour and said
"That is the man who gave me the bad half-crown this afternoon"—he directly ran off, and was brought back by a police-constable.
Prisoner. Q. Did you see whether the last half-crown I offered was good or bad? A. I cannot say.
MARIA MILSTEAD . I am sister of the last witness my husband keeps the King's Arms—on the afternoon of 26th February last, I cleared out the till about 4 o'clock—I found one half-crown and some shillings and six-pences in it—I called my sisters attention to the half-crown which was bad, and gave it to her—I was serving at the bar the same evening about 8 o'clock, and saw the prisoner come in—I served him with a glass of six-penny ale—he gave me a half-crown in payment—I tried it, and it bent very easily; it was bad—I said, "This is bad," and threw it on the counter before him—he snatched it up, and threw down a threepenny-piece—he looked confused, and shook his head and said, "No, no," when I said it was bad—my sister then came in and said, "That is the man that gave me the bad half-crown to-day;" and the prisoner ran off, taking the bad coin with him, and leaving the three halfpence change out of the threepenny-piece—he was brought back.
Prisoner. Q. Did not your sister say, "Bolt the doors and fetch a policeman; I will lock him up?" A. She might have; I said, "Call a policeman, I will give him in charge;" and you ran off—I am quite certain the half-crown you gave me was a bad one.
JOHN HARRIS (Policeman, A 304). About half-past 8, on the night of 26th February, I was in Tichbourne-street, and saw the prisoner running, and a crowd of persons after him—I gave him the foot, and we both tumbled—some people said he was wanted at the King's Arms—I took him there, and Mary Milstead and Fanny Yelton identified him as the man who had passed two bad half-crowns there—he denied it, and stated that it was a good half-crown he had given—he said, "I did not give any bad half-crown"—I took him in charge, searched him, and found on him, one half-crown, four shillings, two sixpences, and a threepenny-piece, all good—I got this bad half-crown from Mrs. Yelton.
Prisoner. Q. I gave my true address, did I not? A. Yes.
MR. CRAUFURD. Q. Was the half-crown found on him bent at all? A. Not the good one; this is it—nobody said it was bad.
Prisoner's Defence. I acknowledge being in the house at 3 o'clock and giving a half-crown, not knowing it to be bad; I was in again in the evening, and the first witness comes forward and says I am the man who gave her a bad half-crown, at the same moment the sister said, "This is a bad half-crown too;" I picked it up and said, "You are mistaken" and gave a threepenny-piece; they said they would fetch a policeman, and I ran away from fright more than anything else; is it likely if I passed a bad half-crown at 3, that I should go in again at 8.
The prisoner was further charged with having been before convicted, at this Court, on 20th September, 1858, of unlawfully uttering counterfeit coin, when he was sentenced to Nine Months' imprisonment. To this part of the charge he
PLEADED GUILTY.— Three Years' Penal Servitude.
MESSRS. CRAWFORD and ORRIDGE conducted the Prosecution.
Westminster-road, Lambeth—on 29th January last, the prisoner came there with a woman, and called for a quartern of gin—he paid with a florin—the lad, John Fay, to whom he paid it, called my attention to it—I asked the prisoner if he had any more of the same sort—he said, "Not that I know of"—I asked him if he had any good coin—he said at first he had, and then he said he had not—I asked him where he got it—he said he got it over the water in change with 11s.—he did not show me any other coin—I marked the florin at the police-court, and gave it to the constable—I gave the prisoner into custody.
JOHN FAY . I served the prisoner on this day—I received a florin from him, which I handed to Mr. Sanders—I called him to me and said, "Here it another of these bad florins; will you take it?"—there was one brought the day before—I turned round to show it to Mr. Saunders, and the prisoner ran away as hard as he could go—I would not say it was him that came the day before, but it was a man.
JOHN DAVIDGE (Policeman, L 40). The prisoner was given into my custody—I asked him where he lived, and he said at the White Horse, Fetter-lane—I searched him—no money was found—he was taken to the Lambeth Police-court, remanded till 4th February, and then discharged—Mr. Sanders gave me this florin (produced).
ROBERT CALLCOTT . I am a butcher, in Little Queen-street, Westminster—on 26th February, I was in the shop, and saw the prisoner served by my boy with seven pennyworth of mutton—my wife was at the desk, and the prisoner went there to pay—I saw a bad half-crown in his fingers, and directly my wife got hold of it, I said, "Stop; give me that"—I could see it was bad—I never lost sight of it—I kept it in my hand, and asked the prisoner his name and address—he said, "What do you want that for?"—I said, "You know"—he then gave me the name of "Samuel Pitt, 16, Lewisham-street," and I wrote it down—he said, "No. 16, in this street at the back"—I said, "Lewisham-street?" and he said, "Yes"—I wrote it down, and asked him if it was correct, and he said, "Yes"—I sent a man there, and found it was false—he came back with a constable—I said to the prisoner, "You don't live there, and I knew you did not"—he said, "I do live there, or lodge there"—I put the half-crown in my pocket for safety at the time—I had nothing whatever in my pocket besides that—my shop was full of customers—I gave the prisoner in charge with the half-crown.
Prisoner. Q. Did not I throw down half a crown to your wife, and she put it in a bowl, and ask you to run up stairs for change? A. No; that is false—you did not say you lived at Mr. Smith's, 16, Dean-street, a model lodging house—nothing of the sort—you said you did not know the name of the street, as you had only been in London three weeks.
The prisoner's statement before the Magistrate was here read as follows:—"The butcher's wife took it and asked him for change. He put it into one pocket, kept it there a quarter of an hour, and then took it out of the other. I did not tell him I lived at Lewisham-street; I told him I lived at Mr. Smith's lodging-house, at the bottom of the street."
Prisoner's Defence. I am quite innocent of the half-crown, and the two-shilling-piece I took for some work I had done in Mr. Taylor's cow-shed, in Dean-street, with 11s. 6d., which I had for two days and three hours' work.
GUILTY .— Confined Nine Months.
MESSRS. CRAUFURD and ORRIDGE conducted the Prosecution.
ELIZABETH PITT . I am the wife of Thomas Pitt, a publican, of 3, Hayes-court—I remember the prisoner first coming to our house, with another man, a few weeks previous to the 27th February—he then asked for a pint of beer, which was twopence, and gave me a half-crown—I gave him two shillings, a threepenny-piece, and a penny in change, and while I was serving other customers he took the opportunity of changing a good shilling for a bad one—the other man with him said, "Why did you pay a half-crown? I have twopence," and the prisoner asked me for the half-crown back again, and I gave it him back—I thought there was something wrong, and looked at the change—I saw one of the shillings was bad, and said, "This is not the money I laid down; this is a bad shilling"—the prisoner said he had no other about him—I called my husband, and they both ran away, leaving some of the beer—the two shillings I gave the prisoner were good—he came again on 27th February, alone, and asked for a glass of ale—I recognised him directly he came in—he gave me a florin in payment—I tried it, bent it up, and told him I could not take it—he was going to take it up as I laid it on the counter—I called my husband, and the prisoner ran out directly—I went out after him, and saw him at the top of the court, looking back—I said, "That is the man"—my husband took him in custody in King-street, I believe—I gave the constable the florin that day, and the shilling the day after.
Prisoner. I gave you half a crown; I had nothing to do with your shilling.
COURT. Q. Who touched the change you put down? A. The prisoner.
JAMES MACINTOSH (Policeman, C 158). I took the prisoner—the last witness gave me a florin on 27th, and the shilling on 28th of February—I found on the prisoner one shilling, sixpence, and 4d. in copper, good money.
Prisoner's Defence. The small money was out of a good two-shilling-piece which I gave to the lady at the public-house. I took back one and gave her another.
Confined Twelve Months.
MR. ORRIDGE conducted the Prosecution,
ERNEST BELLOT DES MINIERES . I am a merchant, and am staying at the Queen's Hotel, St. Martin's-le-grand—on 7th March, between 3 and 4 o'clock in the afternoon, I was at the corner of Cheapside, by Sir Robert Peel's statue, when the procession was passing—at the very moment the Princess was passing on, I felt a great shock on my left side, and thought I was robbed—I felt a snatch; I turned back at once, and seized the prisoner—I had not seen his hand in my pocket—he tried to get away, and I seized him again between the legs of somebody, and then saw plainly my chain and seal in his hand—the chain was broken—I thought at first my watch
was gone too—I had not time to feel in my pocket then, but found my watch there after—I took the chain and seal from the prisoner's hand, and held him for a long time—some people tried to rescue him—in about ten minutes I gave him to a policeman—I never let him go at all—I cried for a policeman, as we were much pressed—I was afraid of being stabbed.
Cross-examined by MR. PATER. Q. Did you hear the prisoner say that he picked your chain up? A. He only said, "Let me go"—to the best of my belief he said, "I am not guilty; I received it from some one"—he was not such a fool as to say he had picked the chain up—I did not hear any persons near him say he had not taken it—if they had not tried to resent him I would not have stopped him—the procession was about two yards from me at the time I turned round, I should think—I believe I had my watch and chain both in my pocket, and not at the button hole, for precaution—I am sure the watch was in my waistcoat pocket, and I believe the chain too—they must have been connected—they were in perfect order, and the chain is very strong—I had my coat buttoned—the shook I spoke of was both mental and bodily—if you have a watch in your pocket, and the chain is seized in such a way as to break the chain, you would feel something—I felt also some one passing on my right side—I did not see the prisoner pass, but I believe it was he, as far as I can say.
MR. ORRIDGE. Q. Is that your chain and seal (produced)? A. Yes; these are what I took out of the prisoner's hand.
JOSEPH CLARK . I am a wire worker, at 19, Eagle-court, Smithfield—on the day the Princess passed through the City, I saw the last witness take something out of the prisoner's hand—I was not sure what it was—the prisoner tried to get away, and some one tried to get him away, as hard as ever he could—I helped the prosecutor, and the prisoner was given into custody.
Cross-examined. Q. Have you not said that you saw the prisoner pick the chain up from the ground? A. No; I am quite sure of that—I was before the Magistrate—I did not say that then—I was in the crowd, within a yard, when I saw this.
He was further charged with having been before convicted of felony at Westminster, on 17th May, 1858, and sentenced to four years' penal servitude; to which he PLEADED GUILTY**†— Ten Years' Penal Servitude.
MESSRS. CRAUFURD and ORRIDGE conducted the Prosecution.
WILLIAM DALCO . I am a tobacconist, at 17, May's-buildings—on Sunday, 1st March, the prisoner came to my shop—my wife called me from the parlour, and said, "Here is a bad half-crown I have received from this boy"—she gave it to me, and I asked the prisoner where he got it—he said "From a gentleman outside, to get an ounce of tobacco"—I went to look; there was no gentleman there, only some boys—I then asked him about his address, and told him, if the reference he gave was satisfactory, I should not press the charge—he gave an address—I then sent for a policeman, handed the half-crown to him, and detained the prisoner at Bow-street station—the address he had given was correct—a person came forward, and, on account of the representations she made, I did not press the charge.
this bad half-crown (produced) from the last witness—I asked the prisoner his address—he gave the name of John Brown first, and then John Smith, 32, Vere-street, Clare-Market—I went there—a woman came down to the station and gave him a good character, and the prosecutor did not press the charge—John Smith is his real name—the woman said that was his name.
Prisoner. I said nothing about the name of Brown; I told him my right name, Smith.
JAMES MCINTYRE . I keep the Rose public-house, Great Wild-street—on Thursday, 26th March, the prisoner came for a glass of ale, and gave me a bad half-crown—I told him it was a bad one, and he said he got it at a shop at the foot of the street—I told him to come along with me to the shop—when we got to the shop he told me to go in—I told him to go in first, and when I said that he ran away—I pursued him, and gave him into the custody of policeman, F 149, and gave him the half-crown.
THOMAS HURDON (Policeman, F 149). I received the prisoner in custody, and got a counterfeit half-crown from the last witness—the prisoner was searched at the station, but I found nothing on him—he gave his address, James Harris, Hanover-court—I went there, and nothing was known about him—I don't know where he lives—I could not hear anything of him.
Prisoner's Defence. I am very sorry, but I was not aware they were bad.
GUILTY .—Recommended to mercy by the Jury on account of hit youth. Confined Six Months.
MESSR. CRAUFURD and ORRIDGE conducted the Prosecution.
JULIA GLUCKSTEIN . I live with my father and mother, at 137, High-street, Whitechapel—they keep a tobacconist's shop—on Monday, 23d March, two men came there for some tobacco, and gave me a bad shilling—I told the man who gave it me that it was a bad one—he said, "This is not bad"—I said, "It is bad," and I kept it—the prisoner then came in and said, "Give her three halfpence, and let us go"—one of the other men gave me three halfpence, and they all went away together—on Saturday, 28th March, I saw the prisoner again—a boy named Robert Keenan, who serves in the shop, gave me a bad florin, which I saw the prisoner give to him, for half an ounce of tobacco—I was in front of the counter—I told him the florin was bad, and said, "You are the same man that came in on Monday with a bad shilling"—he said, "Oh! never mind that, here's a good one; I don't want any bother about it"—he then threw down another florin, which the boy Keenan put in the till, and gave him 1s. 10d. change—a policeman then came in, and I gave the prisoner in charge—I kept the first florin in my hand; I bit it, and gave it to the policeman, with the shilling that I had taken—my mother afterwards looked in the till.
Prisoner. Q. How do you know it was me with the men that came in on Monday night? A. Because I knew you directly you came in—you were dressed the same.
ROBERT KEENAN . I am shopman to Mr. Gluckstein—I served the prisoner with half an ounce of tobacco on Saturday, 28th March—he gave me in payment a florin—it sounded dull, and I handed it to Miss Gluckstein, and she said it was bad—I have heard what she has stated; it is correct—I received another florin from her, and put it in the till—there was no other florin there that I am aware of.
Prisoner. Q. Did not you state at the station-house that you tried the
second florin before you put it in the till? A. No; I did not—I said I thought it was good—I was at the other end of the shop when you came in on the 23d.
ANN GLUCKSTEIN . I am the wife of Samuel Gluckstein—I came down into our shop just as the prisoner was taken—shortly after he was gone I looked in the till and found a bad florin; there was no other florin there—in consequence of something Keenan said to me, I gave the bad florin to Hagman, and told him to take it to his master at the police-station.
CHARLES TRUDE (Policeman, H 156). I took the prisoner on 28th March—I received from Miss Gluckstein this counterfeit florin and a shilling; and from Hagman this counterfeit florin—I found on the prisoner two half-crowns, one shilling, a sixpence, and 5d., in coppers, all good money.
The prisoner's statement before the Magistrate was here read as follow:—"Every one of the family, father, mother, and the whole of them, had the florin in their hands, before they gave me change for it.
GUILTY .— Confined Twelve Months.
MESSRS. CRAUFURD and ORRIDGE conducted the Prosecution.
CATHERINE WESTWOOD . I am a widow, living at No. 3, Cooper's row, Mint-street, Borough, and I keep an orange-stall in Crutched-friars—on Wednesday, 11th March, the prisoner came to my stall, asked for two penny oranges, and gave me a half-crown in payment—I gave her two shillings and a fourpenny-piece change, and put the half-crown in my pocket—I had no other half-crown—I went next morning at 8 o'clock to buy some more oranges for the day, and found the half-crown was a bad one—the man nearly broke it in two, and I threw it away—I thought the prisoner was a servant; she had a milk pot in her hand, or I should have looked at her more—about half-past 1 on Friday, the 13th, she came again, and asked for two penny oranges—I remembered her as she came along, but said nothing till I saw what she gave me—she then gave me a half-crown, which I kept in my hand, and said to her, "How did you like the two oranges you had on Wednesday night?" and she said she had never seen me before—I went into a public-house to see if this one was a bad one, and the man told me it was and to give her in charge—I did so, and gave the officer the half-crown—the prisoner had a jug in her hand, the same as before.
Prisoner. I was not aware it was bad when I gave it to her—I had never seen her before.
NOAH ANDREWS (City-policeman, 542). I was passing by Crutched-friars about twenty minutes to 2 on 13th March, some gentlemen called me, and the prosecutrix gave the prisoner in charge, with this half-crown(produced)—the prisoner had a jug in her hand—she gave her address, 18, Baker's-row, Whitechapel, which I found was false—I found her real address afterwards; it is No. 4, Catherine-place, out of Baker's-row—nothing was found on her.
Prisoner's Defence. I was not aware it was bad.
GUILTY .— Confined Six Months.
558. JOHN DAVIS (25) , Feloniously forging and uttering requests for the deliver of 14 lbs. of gelatine, 2 cwts. of gum, 1 cwt. of gum, 1 cwt. of beeswax, 28 lbs. of beeswax, and 1 cwt. of gum, with intent to defraud; to which he
PLEADED GUILTY .— Four Years Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months.
OLD COURT. Tuesday, April 7th, 1863.
PRESENT—Mr. RECORDER; Mr. Ald. LAWRENCE; and Mr. Ald. WATERLOW.
Before Mr. Recorder.
PLEADED GUILTY .—He received a good character.
MR. RIBTON for the Prosecution, stated that the name of the drawer and acceptor of the Bill were genuine, but that another name was required, which the prisoner forged.— Confined Nine Months.
MR. COOPER conducted the Prosecution.
THOMAS PORTER CALDECOTT . I am A ribbon manufacturer, of 24, Wood-street, Cheapside—I was on the city side of London-bridge, looking at the preparations—as I passed through the archway, I saw the prisoner before me, and felt a touch at my watch, which I missed immediately—the ring had been broken away from the chain—I seized the prisoner and called out, "Police!"—a policeman immediately came forward—I then heard something and saw my watch at the prisoner's feet—it was worth 10l.—this is it (produced).
Prisoner. Q. Did you see it in my possession? A. No; I caught hold of you directly I missed it—your back was towards me.
DONALD MARTIN (City-policeman, 435). I was on duty on this day about twenty minutes to 6—the prosecutor said that he had lost his watch, and pointed oat the prisoner about two yards off—I got hold of him, and saw the watch fall at his feet—I picked it up, and took it to the station.
Prisoner. Q. Did you catch hold of me or the gentleman? A. The gentleman had hold of you, and I caught hold of you—I did not see the watch in your hand.
COURT. Q. Could it have fallen from anyone but the prisoner? A. I cannot say; it fell two feet from him, just at his feet almost, but the crowd was very great—I cannot say from whom it fell—there were others from whom it might have fallen just as well as the prisoner.
JURY to THOMAS PORTER CALDECOTT. Q. What led you to your seizing hold of the prisoner? A. He had been in front of me for five yards before I felt the tug, and be rushed forward just at the moment I felt it—there was no one besides him who could have taken it—there was a great crowd, but he was just in the position to take it—no one else seemed to have room to put their hands up to take it—he was on this side of me—I have not the slightest doubt that he took it, though I did not notice his hand near my pocket.
NOT GUILTY .
FLETCHER— PLEADED GUILTY .— Confined Nine Months.
MR. DICKIE conducted the Prosecution.
ROSETTA JOSEPH . I am the wife of the last witness—the black silk cloak, petticoat, and lace jacket are mine—I never gave Fletcher permission to take them—they were not used, and were put away in a top room—I missed the petticoat three or four days after she came, and told her of it—I did not miss the other things till they were brought from Clark's house—I have seen him in the house—Fletcher-called him her uncle—he has been there many times.
Clark. Q. Do you swear to those two books? A. Yes; one of my sons, who is a traveller, brought home this History of Huntingdonshire—I have seen you in my house more than twice, and have seen you walking up and down the street, but I never went into the kitchen when you were there.
Clark. This History of Huntingdonshire was in my possession two months before Fletcher went to live in your service.
JOHN BETHEL (City-policeman, 627). I went to Clark's house, and told him I had Jane Fletcher in custody for robbing her mistress, and that I had come to search his place for three pipes—he said that he did not know what for, there was no such female ever lived in the house—I told him I knew there was, as I had seen her there—I had never seen her at that house, but had seen him in front of the prosecutor's house—I told him I should search the place—he said, "There is nothing there"—I afterwards said that I had found the wearing apparel—he said, "That is a few things which she have meat Mr. Joseph's door"—I found the books on a desk, and be said that they were her property—I told him that I had seen him about the house, and said that he went to see the young woman—I said, "She represents you to be her uncle"—he said, "No; the woman I have been living with I met in the Commercial-road in the middle of last summer, her name is not Fletcher"—I found the things in an old box in the bedroom, and the books on a desk in the front room—he had not then told me that he had themwhen he said that there were a few things which had been sent down there, I asked him where, and he said, "Here, in a box"—I had my hand on them at the time—I then found a petticoat, a lace jacket, and two books—he said that the wearing apparel was his own.
Clark. Q. Did you come to my house on Thursday night? A. Yes; some person let me in, and I asked if a person named Fletcher lived there—they said that they did sot know, and then I asked you, and you said you did not, but you knew a person named Felcher—I told you that the young woman was in prison—I asked if you had got any property belonging to her, and you said "No"—you did not say, "Yes, I have a few tickets," or that you had some apparel in the clothes basket under the bed—I saw a little box with no lid, but no clothes basket—you said that you had two books belonging to her—you gave up seven duplicates.
Clark's Defence. I met Fletcher, who asked me if she could have a room again. I said, "Yes," and she said, "Well, then, will you take this bundle, and let it remain at your place till I come," and I did so, and put them in the basket, and when the policeman came, I gave them to him.
JURY to JOHN BETHEL. Q. Where did you find the pipe? A. Concealed in the prisoner's house—Clark denied the existence of the female prisoner at first, and after I told him I had come to search his place, he said that he had nothing there, and that her name was not Fletcher, but Felcher.
CLARK— GUILTY .— Confined Twelve Months.
MR. RATER conducted the Prosecution.
MARY ANN CLARKE . On 7th March, I was staying in Brunswick-street, Dover-road—on that afternoon, after the procession had passed a good time, I was in King William-street, just over London-bridge, with Mr. Jeffery—I felt something touch my neck, and saw the prisoner with my brooch—he gave it to me back directly over my shoulder—he was standing just behind my shoulder—I told Mr. Jeffery, who took him, and gave him over to the police—there were a number of people near us.
Cross-examined by RIBTON. Q. Was there not a great crowd? A. Not very great—persons were close up to me before, behind, and at the side—I was on the pavement going from the bridge towards King William-street—I was not leaning on Mr. Jeffery's arm; he was just in front of me, and I was following him—we could not walk abreast very conveniently—it is a large brooch (produced)—it fastened my shawl—I had only walked from my lodgings—there was a crowd crossing the bridge with us.
Cross-examined. When you saw him had Miss Clarke the brooch in her hand? A. Yes.
HENRY MILLER . I am a sugar-baker, of George-street, St. George's-in-the East—on Saturday, 7th March, I saw the prisoner on "London-bridge following Miss Clarke for four or five minutes—he put his left hand over her left shoulder, and she said, "My brooch is gone"—I was only as far from her as that table—I could see distinctly what passed.
Cross-examined. Q. Was there any one between you and the prisoner? A. No—there was room enough for the lady and gentlemen to walk arm in arm, but they were not alongside one another, though they were quite close together; I cannot say whether he was a step before her, or a foot—I have never been in trouble or convicted—I was not at the Thames' Police court in 1860, or sent to Newgate for trial—I have always gone by my present name, never by the name Myers—I was never charged with stealing a sovereign from Mr. Williams of Arbour-square, or from any one—I do not know Mr. Williams—I was never in prison in England—I was imprisoned in my own country, twelve or fifteen years ago, for deserting from my regiment—I have worked for M. Martinean eight or nine years—his work-shop is in Gresham-street, St. George's in-the-East (A man named Burton was called into Court)—that man was speaking to me yesterday—I have not said that if I had 2l. I would go a long way to-day, and be a long way off when the trial came on—I did not say that I was an old hand, and could get Grant six years if I liked, but that man asked me if I would take Some money to go away; I said I would not do it for my own brother—he said, "Will you give different evidence?" I said, "I will not give different evidence to what I did before"—it is not true that I said I would do it for 2l.; a policeman was witness to it.
MR. PATER. Q. Have these offers been made to you more than once? A. Twice—the first time was yesterday at 1 o'clock—the offer has been made by more than one of the prisoner's friends—I said that I would not take the money, and the man began to get savage against me.
GEORGE BRADSTREET (City-policeman, 593). On 7th March, about 3 o'clock in the afternoon, I was on this side of London-bridge in the road regulating the traffic—the lady touched me on the shoulder, and said, "I give this man in custody for stealing a brooch from my breast," pointing to the prisoner—they all three came up together, and the prisoner said, "I have done nothing of the sort; I will go with you quietly"—he was taken to the station, and I found on him 3s. 11d., three duplicates, and a pencil-case.
Cross-examined. Q. Did he give you his correct address? A. Yes.
MR. RIBTON called
RICHARD BURTON . I am a carpenter and joiner—I saw Miller here yesterday, and heard him say that if they would give him any money, or anything of that kind, he would be out of the way to-day—he said that he could do what he liked, and it would be either seven years or two years; that it made no difference to him whether he was out of town or not—he showed me a subpoena last night, and 1s. which he had received with it—I am quite sure he said that he would take money to go out of the way, and there are other witnesses to it.
Cross-examined by MR. PATER. Q. Where do you live? A. 12, Adam-street, Harper-street, New Kent-road—I know the prisoner well—the prisoner's sister and brother were here with me yesterday, one or two of his shopmates, and his landlady—I was talking with Miller on the subject about five minutes, close outside the Court—Miller's wife was there, and some other woman, who gave him a most desperate character, saying that he had been convicted, and had been given three months—they gave him a most awful character—I believe he would have taken any sum of me, but I said, "What you do with me, you must do in writing"—I was not going to give him money; it is not likely—I had none to give him—there was no treaty—I do not know of any communication made before that to Miller, but I am very near sighted—I do not know that the constable required me and others to move away from Miller, and let him alone—he said something to me about offering 2l. or 3l. to buy the witness off—that was policeman, No. 593—I am not aware that he told me to go away—I do not remember seeing a gentleman yesterday, and Miller telling him that I kept interfering with him, and offering him bribes—I do not recollect the officer coming to me after that, and telling me to go away—I was not spoken to by the officer, and requested to let Miller alone—the officer said, "You are offering bribes here of 2l.," or something like that, that is all I can say.
MR. RIBTON. Q. Did you hear anything about offering bribes? A. I think something was said about offering 2l—I think it arose from Miller saying that they had gone about, and talked about 2l.—that was ten minutes or quarter of an hour afterwards—I have been working for Smith and Appleford, who have known me many years—the last place I was at was the Phoenix Gas-works, and I am very likely to go back there—I always understood that the prisoner was a bookbinder—I have known him five years—he bears the very highest character, and I believe him totally incapable of what he stands accused of.
COURT. Q. How have you been living lately? A. The Gas-works was the last place of any note that I was at, I have been employed at many
places since, but that is the last place of any note—I worked for Mr. Thompson last week—I have worked for him occasionally for two years.
MARY ANN BURTON . I am the wife of the last witness—I saw Miller here yesterday—his wife made a communication to me, and he spoke to me several times—he said that the case laid in this manner: the prisoner's fate stood in this way, that it was in his power to convict him, or not convict him—Mrs. Simpson was present—what was said about money was in the message his wife delivered to me—he said in the evening, "The case is not coming on; I shall go home, but I shall not be here to-morrow;" that is to-day—nothing was said about money—I have known the prisoner six years—he is a bookbinder, and lives in the same house with me—he is an upright, sober, steady man, and has lodged in the same house four years—he is single—Miller's wife was there the whole time—she is not here.
Cross-examined. Q. Do you say that you have lodged together four years in the same house? A. No; at two or three different places—we have been in the present house a year and a-half—the prisoner worked as a bookbinder in the City, at Mr. Fisher's—my husband, myself, the landlord, and the prisoner are all that live in the house.
ANN SIMPSON . I am a widow, and live at 12, Adam-street, Harper-street, New Kent-road—I am a laundress—I have known the prisoner seven or eight years—he is a bookbinder, and is a respectable young man; nobody can speak a wrong word of him—I was here yesterday, and Miller told me, after his wife had spoken to me, that if the money was forthcoming, he would go away last night, or this morning; it did not matter to him which day he left London—he said, "The prosecutors are gone; I am going; it is no use for you to stay any longer, it will not come off to-day"—I said, "I shall stay for my friends"—he said, "I shall not be here to-morrow; if the money is forthcoming, I can go out of town to-night or to-morrow"—I said, "You can do as you please"—he said, "The subpoena I have got is only for one day and not for two; I shall not be here to-morrow."
Cross-examined. Q. You only know what you have heard about his working at Mr. Fisher's? A. Yes; but I am positive he works there; I have called there and seen him—he has lodged with me four years, and I knew him before that, by living in the house where he lived with his father and sister. MR. PATER re-called
GEORGE BRADSTREET . I saw Miller here yesterday, standing with three men on the opposite side of the street—they are not here—they came out of the Borough with barrows almost every day, and I know their characters pretty well—knowing Miller was a foreigner I went and stood behind them, and heard one of them say something—I saw that person in communication with Burton—he was creating a very great disturbance on the other side, and was ordered away by the officer on duty with two others—I heard one of the men offer Miller money if he would be out of the way—Burton was not present at that time; but I ordered Burton away from Miller during the day, and told Miller the consequence of having to do with such men—those men came from the Borough, but I do not know them.
NOT GUILTY .
MR. PATER conducted the Prosecution.
—the prisoner was temporarily in my service—I have customers named Beaumont and Mayes, of Wood-street—I sent them three pieces of cloth as samples, worth 16l. each—I saw the prisoner in the warehouse on 25th February—I afterwards saw two pieces of cloth which were returned by Messrs. Beaumont and Lane that day—they were two of the pieces which I had sent them as samples—my clerk, John Drew, left for St. Helena a few days afterwards—I was not present when he gave any instructions to the prisoner—I saw the prisoner when he was taken in custody, and heard him make a statement—he at first denied having taken any cloth, and after I had asked him repeatedly, he said, "Yes, there were some pieces of cloth taken there"—I said, "By whom?"—he said, "By me."
Cross-examined by MR. DALEY. Q. I suppose you gave directions to your clerk about taking these pieces of cloth? A. No. I sent the samples away from the warehouse—I gave no directions to my clerk what to do with them—I did to Long—he is not here, he is at my office—my clerk had nothing to do with it—I did not dismiss him; I merely had him temporarily, under the recommendation of his brother, in whose service the prisoner used to be I only had him for a fortnight or three weeks—I did not dismiss him in consequence of anything about this cloth—he left two days afterwards—I told him I thought it was wrong to entrust the prisoner with anything regarding my goods or my warehouse, as I distrusted the prisoner very much—I did not discharge him for that—he appeared at the Lord Mayor's Court a day or two afterwards—he did no duty in my office after I found fault with him, but his leaving had no reference to this transaction—I had been abroad, and had come back.
JOHN DUNN LEVY . I am a carman in the employ of Mr. Johnson, as carrier, of Axe-yard, Milton-street—in January, I took three pieces of cloth to Messrs. Beaumont, of Bush-lane, Cannon-street—when I arrived the prisoner was standing there, and the clerk came up and said, "What have you got?"—I said, "Three pieces of cloth"—he said, "Who for?"—I said, "Beaumont and Mayes"—the prisoner said, "Ben, take them up"—he took two on his shoulder, and I took the third and gave it to him on the stairs leading to the warehouse—I am positive there were three pieces—I saw the prisoner again after that, and directly I saw him I had to go down for my money for my job—he had not the piece then, but I had been down stairs for two or three minutes for my money.
Cross-examined by MR. DALEY. Q. Have you a delivery-book? A. Yes; but these goods being for a person we had not done business with before, I had no delivery-book on that occasion—there are lots of cases where there is no delivery-book—they were not too heavy for me to carry, but it was not my place to do it; I could do it if I liked—I heard the clerk tell him to carry them up—I did not ring at the bell, the man did; he asked me who I wanted, and then he rang the bell—I did not know him before—I was never in service with him that I am aware of—I have been with Mr. Johnson seven years—I never saw the prisoner at the prosecutor's premises—I am the carman—when the bell was rung, the clerk came up—I did not ask him to help me with the parcels, nor did he refuse—I had some angry words with him—he said, "Take them up stairs"—I said, "It is not my duty to take them up"—if I leave my cart unprotected, I should be blamed, and should have to pay 7s. 6d.—I think I told the clerk to take them up himself; he did not refuse; but the prisoner was standing by, and he told Ben to take them up—the clerk took no parcels up; he got up from his cellar with his teeth like this; but I said, "If you knock me down, I
shall find a better law for you;" and the prisoner said, "I will not have you do that," catching the clerk by the arm to prevent his striking me—the prisoner offered to take up the parcels after the clerk told him—I gave him two pieces on his shoulder at one time, one after the other; the third piece was in the cart—I took it and gave it to him on the stairs about half-way up—no one was with the horse and cart then, but I did not leave it while the goods were in it; if I had left the goods in the cart, they might have been stolen—when I Saw the prisoner at the door, he had nothing with him—I have never said that I was Mr. Johnson, the owner of the cart—I said, "Do you represent Mr. Bonfort?"—he said, "Yes; who are you?"—I said, "I represent Mr. Johnson." We had some wine in the cellar; we did not make it up; but the man said, "You are a jolly fellow; have a glass of wine."
BENJAMIN CRUTE SURRIDGE . I am in the prosecutor's employ—on 25th February, the prisoner brought two pieces of doth—after he brought toe Hand piece, he asked me how I liked my situation—I said, "Very well;" and then I told him that there was another piece to come up; he went down at if to get it, and did not retain.
Cross-examined. Q. Were you in the building? A. Yes, in the office—I did not see he parcels given to the prisoner—the office is on the first floor; the door was shut—I did not hear the prisoner coming up stairs with any parcels—I heard no footsteps.
CHARLES HENRY HARVEY . I am managing clerk to a solicitor in Furnivals Inn—I have known the prisoner five years as cellar-man to my uncle, a wine-merchant, who occupies the same cellars as the prosecutor, but not the same office—he has always borne a good character for honesty. Cross-examined. Q. Are you acting as solicitor for the defence? A. No.
COURT. Q. Has he been in the employment long? A. No; he was in occasional employment, and I was in the cellar with the clerk, who is a cousin of mine, Mr. Houghton, at the time of the alleged robbery—the bell rang, my cousin went to the front of the cellar and up the steps—hearing angry words, I went to the foot of the cellar steps—Levy was standing by the cart in which was some cloth—Levy asked my cousin to take the cloth up stairs—he said that it was not his business, and asked the carman to do it—he would not, and as Houghton was by the stairs the carman seized his arm and said, "No, Matter John, do not do that; I will carry it up for you"—the carman gave the man two pieces of cloth to carry up, and within half a minute the carman was in the cellar drinking with my cousin.
NOT GUILTY .
MARY ANN FORRESTER . I am the wife of James Forrester, of 4, George-street, Locks-fields, Walworth—on the night of 12th March, I was going along Tower-street with Mrs. Wright—the prisoner Shee rushed out of a public-house, and acted in a very indecent manner towards a man—I passed a remark upon it, and she followed and struck me, and then ran into a public-house—she called to Sweeney, who came out and struck me—the two of them then knocked me down on the ground, and Shee stabbed me
in the head with a knife—I bled a good deal—the policeman took me to Guy's Hospital—I became insensible in the public-house—when Shee stabbed me, my companion, Mrs. Wright, was struggling with Sweeney to keep her away, or she would have done the same, and she bit Mrs. Wright through the arm.
Sweeney. Q. When you and my sister were entangled with each other, did not you cling in her hair and pull her down on the ground, and were you not biting each other, and I came to separate you? A. No; I did not attack them at all; Mrs. Wright only pulled her off me.
Shee. Q. What did I stab you with? A. A knife; I did not swear that I saw the knife, but Mrs. Wright did—she is not here—I felt the effect of something sharp in my head, and I have the doctor's certificate—I was not taken into the hospital; the doctor dressed my head, and allowed me to go home—the wounds were not very serious—there were three—they bled very much.
JOSEPH WALL (City-policeman, 563). I was called on about 11 o'clock on the night in question, hearing a cry of police; when I arrived at the door of the King's Head, I found the prosecutrix bleeding very much from the head—I asked who did it—the prisoners were not there then, but in a minute or two they made their appearance, and Shee said, "I have given it to her"—the prosecutrix charged them with stabbing her in the head—I held them for a short time—Shee got away from me, and a brother constable brought her back—I did not find any knife.
COURT. Q. Did you see what sort of wounds they were? A. No; my brother constable took her to the hospital—he is not here—she was bleeding a good deal; her forehead and the side of her face were covered with blood—I saw Mrs. Wright.
Sweeney. Q. Did not I give the prosecutrix in charge to you, and did not you say, "I will not take her; I have you this time?" A. you did propose to give the prosecutrix in charge, but seeing the marks of violence upon the prosecutrix, I said you must all go to the station—I did not see any marks of violence upon either of the prisoners—I saw that you had a black eye in the morning—your things were torn by my holding you.
Shee. Q. When did you first bear about the knife? A. I heard that she was stabbed when I took you into custody—I did not hear what it was with—Mrs. Wright said, at the station, that it was with a knife—I said to the policeman who let you go, "You fool, what made you let her go?" but he did not let you go willingly; you slipped from him, and ran into the public-house.
The prisoner Shee in her defence stated, that the prosecutrix had insulted and struck her, upon which the fetched Sweeney to take her part, and they struggled together, but used no knife.
JURY to MARY ANN FORRESTER. Q. Were you acquainted with the prisoners previously? A. No; I never saw them before to my knowledge—I gave them no provocation; I merely remarked that Shee was more like a beast than a woman.
GUILTY .— Confined Eight Months each.
JOHN MARK BULL . I am a detective-officer of the City police—in consequence of some communication made to me by Mr. Marrible, I went to his place, the Royal Mail Coach Tavern, on 2d April, about a quarter-past 7 in
the morning—I placed myself in a bed-room on the third floor, and looked through the crevice of a door, which gave me a view of Mr. Marrable's bed-room—I saw some marked money on the dressing-table; a sovereign, some shillings, and some halfpence—after some time, about a quarter-past 9, the next room door to Mr. Marrable's opened, and a person went down stairs—about five minutes after that the prisoner came out—he had his trousers on, but no shoes—he looked very cautiously round, and went into Mr. Marrable's room—in about two minutes he came out again and went into his own room, which was a double-bedded room—I followed him in; as he was going in I saw something in his right hand—he was looking at it—it was money, but I could not exactly say what—I went in and said to him, "I want that money from you that you took out of the landlord's room just now"—he said, "What money?"—I said, "That money you took out; give it me"—I caught hold of his right hand—he said, "Here it is; don't hurt me; I hope Mr. Marrable won't prosecute me"—he gave me a sovereign and a shilling—they were marked—it was the money I had seen on the dressing-table—I searched the prisoner, and found on him 2s. 6d. and a pawnbroker's ticket for a shilling—I said, "You are not obliged to tell me without you like; you slept here the other night, have you any objection to tell me what you have done with that gold chain and locket?"—he said, "I took no gold chain and locket?"—the landlord came up, and he asked what he had done with the chain and locket, he said it was of great importance to him as they belonged to his poor wife who was dead—the prisoner said he had not taken them—that same morning, in taking him to Guildhall, he said, "Mr. Bull, I will tell you what I have done with the chain and locket; I know I have done Wrong; I hope Mr. Marrable will be merciful to me; I pledged the locket for a shilling, at Mr. Smith's, at Islington, and the chain for 1l. at a pawnbroker's in Gray's Inn-lane, which I found to be correct.
THOMAS JAMES MARRABLE . I keep the Royal Mail Coach Tavern, in Noble-street—the prisoner slept at my house for four nights—I missed a locket and gold chain, and several other things out of my bedroom—this (produced) is my late wife's locket and chain.
Prisoner. Q. Have you found your keys? A. No; not yet; I have lost the whole bunch, and the keys of my bar and my trunk, and I have had all the locks altered—I had known you as a respectable young man—I believe you left your situation from bad health.
The prisoner put in a paper, stating that in consequence of being fifteen months out of employment, he was induced by necessity to commit the offence, but that he had done all he could to facilitate the recovery of the property, and begged for mercy.—
GUILTY .—Recommended to mercy by the Jury.
Confined Eight Months.
COOK— PLEADED GUILTY .*— Confined Eighteen Months.
MR. DICKIE conducted the Prosecution.
—on 19th March, I closed my windows at 9 o'clock at night, and the doors at 12—I was called up about 1 in the morning by one of my assistants—I found the dining-room window had been forced open; one of the shutters was lying on the pavement, a square of glass was broken, the room disturbed, and four coats taken from the pegs—they were worth about 4l.—the entry had been effected through the window, by forcing the shutter—these are the coats (produced).
JOHN BLAKE (Policeman, H 83). On the morning of 19th March about half-past 1, from what I was told, I went to 20, Princes-street, Whitechapel, where I found these four coats—the two female prisoners and Cook were in the room—I told them what I took them for—Cook said at first that the coats belonged to him—Banks said, "Don't own them, you b—fool"—Atkins said, "They won't get anything out of me; if they want to know anything, they can find it out"—I found nothing on them.
WILLIAM HUNT (Policeman, K 62). On Friday night, 20th March, about ten minutes to 1, I was on duty, and saw the four prisoners together at the corner of Thomas-street, Whitechapel-road, not many yards from the prosecutor's premises—I knew them before by sight—I went on my beat and left them—I afterwards received information of the robbery—I went to Argent's lodging—I told him I should apprehend him on the charge of being concerned with Cook and others in breaking into Mr. Hall's premises—he said, "I was along with Cook at half-past 12, and left him at the corner of Thomas-street, and then went home to my bed"—I found nothing in his house connected with the robbery.
Cross-examined by MR. WARTON. Q. Have you any reason for fixing the time? A. I am sure it was ten minutes to 1—I had to call up a person at 1 o'clock.
Banks. I and Atkins were at home at ten minutes to 1, so he did not see us.
GEORGE SAVAGE (Policeman, H 15). On Friday morning, 20th March, I was on duty in Princes-street, Whitechapel, about a quarter-past 1, and saw Cook and the two female prisoners standing in Princes-street—when they observed us, they ran away into No. 20—we went in and asked Cook whose coats these were—he said they were his—Banks said, "You b—fool, don't own them, let them find out"—I then asked Banks whose coats they were—she said they were hers.
Banks. I said the place belonged to me; I never said the coats were mine. Witness. She said, "I belong to the room, the coats are mine."
Bank's Defence. Cook came to my place and knocked at the door, and the policeman followed him.
ARGENT— NOT GUILTY .
BANKS and ATKINS—
GUILTY .— Confined Three Months each.
MR. HORRY conducted the Prosecution.
JOHN DRUMMOND . I reside at Charlton, Kent—about 4 o'clock on the afternoon of 4th March, I was standing on the city side of London-bridge—I had a watch in my waistcoat pocket—there was a very great crowd—I felt something at my pocket, saw a hand on my chain, and missed my watch—I immediately turned, laid hold of the prisoner, and charged him with taking my watch—he was the nearest person to me—I do not think any other person had the opportunity of taking it—I called out "Police!"—a policeman immediately came up, and I gave the prisoner in charge—the key
of my watch, and also the key of a note book were lying at the prisoner's feet—he said, "I have not got your watch."
Cross-examined by MR. WARTON. Q. Was the crowd so great that you could scarcely move? A. Yes—after I called the policeman, and he had laid hold of the prisoner, the crowd made way a little, as we were finding the keys—it was a slight touch at my pocket—I saw the hand—I can't say it was the prisoner's hand, but he was next to me—he did not deny the charge point blank, but hesitatingly—he said, "I have not got your watch"—he was searched about five minutes afterwards, when we got to the station.
RICHARD HOOPER (City-policeman, 383). I was on duty on Londonbridge, almost close to the prosecutor—I heard him accuse the prisoner of taking his watch, and I immediately went towards him, and took him into custody—I saw the bow of the watch and the keys at his feet; another constable picked them up, and handed them to me—I searched the prisoner on the spot, and also at the station—I found on him two sixpences, and six-pence in copper, but no watch—I asked his address, he would not give any.
NOT GUILTY .
PLEADED GUILTY .— Confined Twelve Months.
NEW COURT.—Tuesday, April 7th, 1863.
PRESENT—Sir JOHN MUSGROVE, Bart. Ald.: Mr. Ald. DAKIN; and Mr. COMMON SERGEANT.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and ORRIDGE conducted the Prosecution.
THOMAS FULLER . I am manager of the White Hart Inn, Bishopsgate-street-without—on Thursday, 19th March, a little before 1 o'clock, the prisoner came for a bottle of lemonade, and gave me in payment a bad half-crown—I said to him, "This is a bad half-crown"—he said, "I took it in Leadenhall-market"—I said, "This is not the first half-crown you have passed here; you were here three months ago, I shall look you up. I have been looking out for you for this last three months"—a woman came in with him, and when I said that she bolted out of the place and ran away—the prisoner stood very quietly till the police came, and then I gave him in charge—all he said was, "I took it in Leadenhall-market"—three months ago he came in for a bottle of lemonade and a cheroot—I was rather busy at the time, and alone in the bar, and had not the chance of taking him—he then gave me a bad half-crown, and I gave him change—I did not examine it till he had gone, and I put it on the side-board where we keep the small change, and afterwards tested it, and found it was bad—I marked it, put it away, and gave it to the policeman with the one passed on the 19th—I am quite certain the prisoner is the man—I could not be mistaken—I took notice of him.
Prisoner. Q. What did you do with the half-crown when I gave it you? A. I went to the sideboard to test it—I did not open the till to give you change—I recognised you directly you came in, and I suspected you—I have
a chemical test for all money, caustic—I bent the half-crown first with my teeth, and then tested it—I did not call the woman back who was with you—you did not try to get out—you had as much chance of getting out as the female—when I told you the half-crown was bad you immediately gave me a good one—I found the first half-crown was bad before you went out—I had seen some one very much like the prisoner before that first occasion, but not a person I could swear was he—I had not seen him between the first occasion and the 19th of March.
THOMAS JOHNSON (City-policeman, 663). I was called in by the last witness on 19th March, and the prisoner was given into my custody for passing these two bad half-crowns (produced)—I took him to the station, and asked him his address—he said, "Charles Maddison, 7, Suffolk-place, Manning-street, Edgeware-road"—I went there and saw the landlord, Mr. Groves, who is here—I found on the prisoner one half-crown, and 2s. 2d. good money—there was a remand before the Magistrate from the 19th to the 24th—I was there on both occasions, and on both those occasions a witness named Grant was called on behalf of the prisoner—I heard her give her evidence, and she produced this card.
Prisoner. Q. Have you been to Dr. Lee, of the Middlesex Hospital? A. I have not; you did not ask me to.
Prisoner. The 2s. 2d. found on me was the change out of the half-crown.
JOHN GROVES . I live at 7, Suffolk-place, Manning-street, Edgeware road—I have a person named Charles Maddison living in my house—he is not the prisoner—I know nothing of the prisoner—the Mr. Maddison living at my house is a married man.
Prisoner. Q. Did Mr. Maddison ever tell you that I was a schoolfellow of his? A. I have learnt it through my sister, his wife—he is an honest hardworking man, and has been married four or five years—I know little or nothing of his family.
The prisoner, in a long defence, stated that he had been at the hospital, under Dr. Lee, for the last two months, and that his wife left him at home on a bed of sickness, that he got the half-crown in change for half a sovereign at Leadenhallmarket, and did not knew it was bad when he offered it.
Prisoner. Mr. Fuller can remember what took place three months back, and yet he can't remember what happened on the 19th.
NOT GUILTY .
PLEADED GUILTY to the second count .
JOHN SQUIRES , the prisoner's father, stated that the prisoner was a person of weak mind, and had been so from his youth; that he had made enquiries, and the Bank were quite satisfied that some one whom they knew, had got him to do this that he only got 11l. out of the 30l., and there was no doubt that he was robbed
of the remainder, at he was taken away in a cab by some men, and kept out all night.
Confined Six Months.
PLEADED GUILTY .— Confined Eighteen Months.
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
ALFRED PAINE (Policeman, D 255). On Tuesday, 17th March, I was on duty in Hermitage-street, Paddington—about 2 in the afternoon the prisoner came up to me and said, "I wish to give myself up"—I said, "What for?"—he said, "I have done something very wrong, and I am sorry for it"—I then cautioned him to be careful what he said, for I should mention it again—he then said, "Why, I have set two stacks on fire, belonging to Mr. Smith, at Tanner's-end, Edmonton; I saw them ablaze, and I came away"—I took him to the station and charged him in consequence of what he told me.
THOMAS HALL . I am an inmate of the Edmonton Union Workhouse—the prisoner was there, in the same ward with me—on Sunday, 15th March, in the afternoon, he said he should like to go and do something so that he should get six years, and be sent out of this country, for he was sick of stopping about this part—I told him to think better of it, and not think anything like that—on Monday morning he said he thought he should discharge himself after dinner—he had asked me on Sunday the way to Mr. Smith's farm—I told him, and on Monday he said he thought he should go and set Mr. Smith's farm on fire—I said he had better not do that—he said, if you don't like to believe me, you look out about 12 or 1 o'clock, end you will see it on fire"—I woke about 1 o'clock on Tuesday morning, and saw the stacks on fire—he did discharge himself from the workhouse on the Monday afternoon.
SANUEL LEACH . I am foreman to Mr. Smith—about a quarter before 2 on this morning, I was called up to my master's farm and found the stacks on fire—at I was running up to the farm I met a person walking away from the farm, very fast—he was dressed in a dark coat; his trousers were rather lighter, and he had a cap on, and was swinging one arm, and the other seemed to me tight by his side—I believe it was the prisoner—I said to him "Hullo, who are you?"—he said, "It's me"—I said, "Who's me; did you not come by the farm?"—he said, "Yes"—I said, "Did you not see a fire there?"—he said, "Yes; there are a good many people there," and then he passed on towards Edmonton, and I saw nothing more of him—when I got to the fire there were only two persons there, I think, and three stacks were burning.
RICHARD BOOTH SMITH . I live at Huxley Farm, near Tanner's-end, Edmonton—about half-past 1 on this Tuesday morning I was called up—I went down to my farm-yard and found two stacks, my property, on fire, and there was a third stack burnt as well—I know nothing of the prisoner—I never saw him before in my life before I saw him before the Magistrate—the value of the three stacks was 700l. or 750l.
Prisoner's Defence. For a long time I have been utterly an outcast, and been in the Union for many years. On Monday night I had to walk down to Edmonton as I intended going to the Union again. I only went to see my aunt, and started to come back, and as I came across the fields I could see the reflection of the fire; and shortly after I got down there a man passed me
just as I was turning the lane, and went down to Mr. Smith's, and I came away. I met a policeman, and he asked me to go down to the station and tell them there were some police wanted.
George Smith, porter of Edmonton Union, stated that the prisoner was very much crippled in his left arm, and had been in the Edmonton Union about a year and a half.— Six Years' Penal Servitude.
The prisoner being a foreigner, the evidence was interpreted.
EMMA PRESTON . I am a servant at Southwood Hall, Highgate—on 10th March, the day of "the wedding," I was on London bridge, at a little before 8, in the crowd, when suddenly some one took hold of me, twisted me round, and from the opposite side somebody seized my brooch, which was in my shawl, by my throat—I seized hold of the hand that had my brooch in it, and held it, and tried to get the brooch from it—the policeman came up—it was the prisoner's hand I had hold of, and he dropped the brooch into my hand—when the policeman came up he was taken into custody—I am sure he is the person.
WILLIAM DUDLEY (City-policeman, 547). I saw a struggle on this night, close by the triumphal-arch on London-bridge, between the last witness and the prisoner—there was a great crowd at the time—the prisoner was given in charge for taking this brooch—I took him to the station, searched him, and found two purses, one concealed in the lining of his coat, a pair of lady's gloves, a silk neck-tie, a breast-pin, a stamp, a penknife, a pencil, and a book—I saw the brooch in last witness's hand.
Prisoner's Defence. There was such a crowd no one could say I did it.
GUILTY .— Confined Twelve Months.
MR. HAWTHORN conducted the Prosecution.
JOHN TODD . I am a fishmonger, living at Yarmouth—on 20th March, between 1 and 2 o'clock in the day-time, I was on Tower-hill—I walked up to some men, who were playing at pitch-and-toss, and the prisoner drew my watch out of my pocket—I felt a chuck, and I cast my eyes down, and saw the watch in his hand—he gave another chuck, broke the ring, and passed it as far as his pocket—he was close by me at the time—I collared him there and then, and held him till a policeman came up—I did not get my watch—it was a German silver one, but a very good one; I gave 55s. for it about seven years back—I saw him pass the watch towards his pocket, and then two or three of the others ran away—I held him.
Cross-examined by MR. DALEY. Q. You say you are a fishmonger at Yarmouth? A. I am a little bit of a curer—I came from Yarmouth on the Thursday morning, and if they had put my fish ashore, I should have been in Woolwich on the Friday—I have only been twice to London this year with fish—I generally lodge at the Yorkshire Grey, and they allow no smoking at that time, so I just walked out after dinner to have a smoke, and went up to these people—I had seven or eight shillings in my trouser's pocket—I did not lose that—the bow of the watch was broken—it was in my left waistcoat pocket, attached to this chain—I felt something before I saw the hand—I did not touch the hand; I collared him—there was a gentleman passing, and he said, "Hold him father; I will go and fetch a
policeman," and he did, from the Tower—other people were standing round the prisoner, but not close to him—I saw one or two run away who had been in the crowd.
MR. HAWTHORN. Q. Are you quite sure it was the prisoner's hand you saw the watch in? A. Yes.
CHARLES JAMES CHILDS (Policeman, H 193). The prisoner was given into my charge by a man who works in the Tower—I went to take hold of him, and he said, "I have not got it"—I searched him, and found 2d. on him.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the Jury on account of his good character.
Confined Six Months.
576. EUGENE AUGUSTUS CUFFE (22) , Stealing 17 pairs of gloves, 25 shirts, 24 collars, 24 handkerchiefs, 12 shirts, 6 stockings, 27 pair of socks, and 1 piece of flannel, the property of Edward Brettle and others, his masters; to which he
PLEADED GUILTY .— Confined Eighteen Months.
PLEADED GUILTY .
MR. POLAND, for the prosecution, stated that the prosecutors had missed 4l. or 5l. worth of stamps a week; and William Smith, a detective, stated that he had watched the prisoner for nearly a month, and found him to be leading a very fast life. Six Years' Penal Servitude.
PLEADED GUILTY .— Confined Eighteen Months.
There was another indictment against the prisoner for forgery, which was not proceeded with.
OLD COURT.—Wednesday, April 8th, 1863.
PRESENT—The Right Hon. the LORD MAYOR; Mr. BARON WILDE; Sir JOHN MUSGROVE, Bart, Ald.; Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. ALLEN; Mr. Ald. BESLEY; Mr. COMMON SERJEANT; and ROBERT MALCOLM KERR, Esq.
Before Mr. Baron Wilde.
MESSRS. CLERK, SLEIGH, and BESLEY conducted the Prosecution.
ARTHUR BONNICK (Police-sergeant, T 19). I knew the deceased William Davey; he was a constable in the same division as myself—the station-house of that division is at Acton, and the deceased's beat was in that parish—he was on duty on 19th January last—there were some building materials deposited upon the premises of a person of the name of Saunders, in Park-road, North—Davey lived at Petherton Villa—I know the prisoners—I did not know where they lived at the time this matter occurred; I know now—the three places mentioned are all within a very short distance
of each other—on the afternoon of 19th, the deceased returned on duty about a quarter to 5 o'clock—I was on duty at that time—about half-past, 6 that evening, I was going round the beat on which the deceased was—it was his duty to make a report of any matter of importance to me, as the superior officer—I saw the deceased in the Avenue-road about half-past 6, and he made a report to me of something which had occurred—he took me to a spot close by, known as Bollow-bridge-road, and pointed out to me some pieces of wood, some about six feet long, and a door; they were old materials, taken from some house which had been pulled down; some of the paper was sticking to it—the deceased had put it against the ricks, as he stated to me—it was away from any house or place where it had been deposited; it was about 700 yards from Mr. Saunder's place; about half a mile from the highroad, in the fields—I don't mean 700 yards as a bird would fly, but by the road—about half-past seven that same evening, I went to Mr. Saunder's premises—I there saw some old materials like those I had seen in the field—I took a piece of paper off one piece that the deceased showed me, and took it with me to Mr. Saunder's, and it corresponded with what I saw there—I made a report to my superior officer in the course of my duty—about half-past 8 that same evening, I saw the deceased again on his beat—I gave him permission to go home and have his supper—between that time and 9 o'clock, in consequence of some information, I went to Petherton Villa, and there found him dead, with his brains shot out; he was lying outside the door, between the gate and the door—there is a little garden in front—his head was shattered as if by firearms—I should think that was about twenty minutes to 9—in consequence of information, I proceeded, with other officers, to the prisoners' residence, about half-past 1 o'clock.
GEORGIANA WINNING . I live at 4, Acorn Cottages, Acton-green, and am the wife of George Samuel Winning—on the evening of 19th January last, from about 6 o'clock to a quarter-past 6, I was going along a footpath leading across the fields to Acton—there is a place called Cumberland Villa, which I had to pass—when I came there I saw the two prisoners, coming towards Turnham-green, meeting me—Joseph Brooks said to Isaac, "Run, you b—, run"—Isaac made some reply, but I could not distinguish what it was—I had known them both before for some time—after that expression they took to their heels and ran—they were soon out of the field; I soon lost sight of them—they had been running before, and then they stopped, and then ran again.
Cross-examined by MR. BEST (for Joseph Brooks). Q. Do you know Chapel-place, Turnham-green, where the prisoners' live? A. Yes; they were running in that direction.
MARTHA DAVEY . The deceased William Davey was my husband—in January last, we were taking charge of a house, Petherton Villa, Avenue-road, Acton—on the evening of 19th January, my husband came home to supper about half-past 8, as near as possible—a few minutes after he had come in there was a knock at the door—I opened it; I could not see any one; I saw, I think, the cap of a man over the pillar of the gate, but I am not quite positive—I heard a voice say, "Is Mr. Davey at home?"—I said, "Yes"—and I said to my husband, "William, you are wanted"—he went to the door—as he passed out on the threshold of the door I turned to come in—as soon as he had got out to the door I heard the discharge of a gun—I turned round almost immediately, and found my husband dead at the door—I immediately gave an alarm, and several persons assembled—a few
days before this, Isaac Brooks had been to our house—he had some conversation with my husband then—I did not hear much of what passed—I heard him ask my husband to have an eye to some premises where he was building—this was one day in the beginning of the week, before the 19th; I was told afterwards that it was on a Monday, but I do not remember which day it was—I was at the police-court when the prisoners were brought there—Isaac Brooks was asked to spell his name there, and I heard his voice—to the best of my belief, I had heard that voice before; in fact, it was the same voice that called my husband the night when he was shot—I did not hear Joseph speak on that occasion.
JANE LAKE . I live at Turnham-green, with my father and mother—I know the prisoners—Isaac Brooks is married—in January last he lived at No. 1, Chapel-place—Joseph lived in the same house—in January last he was keeping company with me—I was at their house on Monday evening, 19th January—the prisoners were there when I went in—it was a little after 6 when I went there—they had done tea—I can't exactly tell the time, it is so long ago—Joseph had on corduroy trousers and a brown corduroy jacket when I first went in—after I had been there a short time they both went out—they were not out long; it might be about a quarter of an hour; they did not say where they were going—they did not say anything when they came back—they came in, and Joseph sat down—they were not talking together—Joseph sat down for about a quarter of an hour; he was not talking at all to Isaac during that time—Isaac was sitting in a chair—after Joseph had sat for about a quarter of an hour he asked me what time the pawnshops shut up—I said I would go and ask my mother—I went home; it is only six doors off, No. 6, Chapel-place—my mother was out, but I asked my father—I then came back and told Joseph the time my father said the pawnshops closed, 10 o'clock—upon that Joseph told his sister-in-law, Mrs. Brooks, to fetch his trousers and fetch his gun—I don't know where she was to fetch the trousers from; they were in the house—she was to fetch his trousers, and go to the pawnshop and fetch his gun—she was to get as much on the trousers as would fetch his gun home—he mentioned the pawnbrokers where the gun was, Mr. Ayres—I went out with Mrs. Brooks—Joseph did not say anything to me about being quick—I went with Mrs. Brooks to Mr. Ayres', at Hammersmith—she took the trousers with her, and pawned them, and fetched the gun; she carried the gun—it was a one-barrelled gun, the one they have got here—we came home fast from Hammersmith, and when we got home Mrs. Brooks gave the gun to Joseph—he said he was going to sell it—Isaac was indoors at that time, in the room—he was in the room when Joseph told us to go and get the gun from Mr. Ayres—when Joseph said he was going to sell the gun, I asked him where he was going to—he said, "Black Lion-lane"—I know Black Lion-lane; it is not a great way from where they lived, towards Hammersmith—I said, "Will you let me go?"—he said no, Because my mother would come after me; he gave no other reason—he then left the house with the gun—Isaac remained in the house, in the same room—I was there when Joseph came back—I had not moved away from the room all the time—Joseph was not away long; not above twenty minutes, I think; I don't think it was any longer—Isaac was in the room during the time that Joseph was away; he was sitting on the chair—he was doing nothing; he seemed very restless—he spoke to me sometimes—I don't recollect anything particular that he said—when Joseph came back he had the gun with him—he put it up in the corner, and said, "God bless the
man; if I had the sod here, I would hit him with it"—the word he used was "bless," not "blast"—he seemed rather hot when he came back—I put my hand on his face—he did not come close to me at first; afterwards, when I put my hand on his face, it was rather hot—I did not wipe his face—I put my hand across his face.
COURT. Q. What did you do that for? A. Because he looked rather hot.
MR. CLERK. Q. Did you say anything to him about his being so hot? A. I said, "You have been running, Joe"—he said, "No, I have not"—I said "I thought you had been doing something wrong"—he said, "No, I have not.
Q. What was there about him that made you say you thought he had been doing something wrong? A. Because he was so hot—he seemed as though he had been running—his forehead was sweaty—I can't recollect that I said anything else to him—he went out to fetch some beer—my mother did not come in while he was out; he was there when she came—she came in for an iron foot, that they sole shoes on—I left the house about, half an hour afterwards—I don't know what o'clock it was when I went away with my mother—Isaac was indoors when I went away; he had been indoors all the time—when Joseph went out with the gun he put his jacket on—I think it is a brown jacket—this is his coat (produced)—that is the coat he put on when he went out with the gun.
COURT. Q. Did he take the other jacket off, or put this over it? A. I don't know.
MR. CLERK. Q. When he came back with the gun, did he take the coat off? A. Yes; and put it on the stairs—I saw him afterwards in his working jacket.
COURT. Q. Did you see him take the coat off and put it on the stairs! A. Yes; his shirt sleeves were under his coat.
MR. CLERK. Q. When he went out for the beer, when your mother was there, had he his working jacket on? A. No; his corduroy jacket.
Cross-examined by MR. BEST. Q. You say Joseph told you he was going to sell the gun? A. Yes—I suppose it was to make more money—he told me what he wanted the money for; I don't like to tell you—I was going to be married to him—I suppose he wanted the money for that purpose—I was going to be married to him very shortly after this, on the Wednesday—I think it was about twenty minutes to 8 when he went out with the gun; I won't be sure of the time—when he came in and said, "God bless the man; I would hit him with this gun," I supposed he meant the man he went to sell the gun to—he did not say so—he did not tell me that he did not meet the man; nothing of the sort.
HARRY LOVELACE . I am foreman to Mr. Ayres, a pawnbroker, at Hammersmith—on 17th January last, I remember Joseph Brooks coming to my master's shop—he pledged this gun with me on that occasion, in the name of J. Brooks—I examined the gun, it was then clean—it was clean inside the barrel—I say it was clean, from its general appearance, and just inside the barrel it was greasy, oily—I believe I made some remark to him about its being clean, but I can't say the exact words—I looked at the nipple and at the muzzle—the nipple was quite clean—I put my finger in at the end of the barrel and found it was not black at all, just oily—I saw the gun a few days afterwards in the possession of the police; it had been discharged since I took it in.
Cross-examined by MR. BEST. Q. What would be the value of that gun to sell? About 12s. or 13s., not more, as a second-hand gun.
WILLIAM AYRES . I am a pawnbroker, at Hammersmith—I know No. 1, Chapel-place, Turnham-green; that is about a mile from my house—on Monday evening, 19th January, Jane Lake and another woman came to my house from about a quarter to half-past 7—they brought a pair of trousers and pawned them, and redeemed this gun—in delivering the gun across the counter to them, I noticed that it was clean—I saw the gun again on the following day (Tuesday), it was not then in the same state at it was when I delivered it, it had been discharged.
MATTHEW WEST . On 19th January, I was living as servant at Merton House, next door to Petherton Villa—between 8 and 9 that evening I heard a report of firearms—it was between half-past 8 and 20 minutes to 9—I went to the back-door of Merton House, and heard a child screaming "Mother, mother!" several times, and then I heard a female groaning—I saw a man run across the field on the left-hand side as I stood at the back of the house; he went towards Acton-town—the house stands at the side of the road—there is a new road making across the fields, and I saw him go down that new road and across the fields; it is blocked up with a fence, and I saw him get over the fence.
COURT. Q. Had he anything in his hand? A. I could not tell, I could not see enough of the man.
JAMES MCROBIE . I am a tailor, and live at Mill-hill, Acton—on the evening of 19th January, I was walking with my wife from Acton towards Acton-green—we went from Acton down what they now call the Church-road, a slight bit down Avenue-road, and turned round by Petherton Villa on the left, then round a lodge that used to belong to Mrs. Smythe (the lady to whom the estate belongs), then along a footpath by the top of the market gardeners' ground—the footpath leads right past Cumberland Villa towards Acton-green (referring to a plan)—there is a narrow part of the road near Cumberland Villa where there are four posts; as I was going through those posts, I saw a man standing there leaning on the muzzle of a gun—I was on the footpath, and ht was standing not half a yard off the footpath, to the left; my wife was on my left, and she could have put her hand and touched him—he was dressed in a dark coat, and appeared respectably dressed, as a man generally is after his day's labour; they were not working clothes, not so far as his coat was concerned—it was a very dark night—I do not know either of the prisoners, I never saw them to my knowledge—what I particularly observed was the gun—I could not positively say whether I should know the man again, he appeared to have something like hair under his chin, and something flat on his head, I thought it was a flat hat—with regard to the countenance I could not speak, it was such a dark night—I know Chapel-place, Back-common, Turnham-green—a person coming from Chapel-place to Petherton Villa would pass those posts one way; you could do it another way, but that is the nearest—I think those posts are between half and three-quarters of a mile from Chapel place—it was, as near as I can possibly guess, not a quarter-past 8 when we passed that place, allowing a quarter of an hour to walk there from the town of Acton; it was between 8 and a quarter-past—it was not over a quarter-past 8.
Cross-examined by MR. BEST. Q. You say that a person coming from Chapel-place to Petherton Villa would have to go through these posts; could stated a person come from any other place and go through those posts? A. I stated so—there are two ways of going to Petherton Villa, there may be more.
were walking on the footpath by Cumberland-villa—I saw a man there standing close to my left-hand side—I could reach him by putting my hand out—he was standing leaning on a gun, with both his hands across the gun, and his chin on his hands—he was a stout-built man—he looked as if he was dressed genteel, in a dark coat—I observed that he had a kind of cap on him—I observed his appearance, but not his face; he was stout-built; the night was too dark to observe his face.
COURT. Q. How far was the place where you saw this man from Chapel-past place? A. I can hardly tell, I should think half or three-quarters of a mile.
HENRY STOCK . I am a builder, and live at No. 1, New-palace, Acton—on the evening of 19th January, I was in company with James Edwards, going from Turnham-green to Acton—we passed the lodge near the corner of the Avenue-road, a short distance from Petherton Villa—we came along the footpath, past Cumberland Villa—the lodge is at the corner of the path—it was from twenty minutes to a quarter to 8 when I passed the lodge—I know that, because it was 8 o'clock when we got to the White Hart at Acton—we went straight from there up the Avenue-road, and it would not take us more than ten minutes to go from there—as we approached the lodge I saw two men standing under the trees at the side of the road—there is a ditch behind the trees—the men stood looking towards us as we came up to them—Edwards spoke to one of the men and said, "Good night," and he answered, "Good night," in a very gruff sort of manner—the other man was behind the man that answered, but as we approached he "dispersed;" he went into the ditch and left the other man—I was within three yards of the men—I noticed that the man that Edwards spoke to, and who answered him, had got his coat buttoned up very close to him—it appeared to me to be a sort of brown coat, I don't think it was a black coat; it was a dark coat; it appeared to be a coat which mortar had turned—mortar will turn a coat, and I thought it appeared to be a coat of that description—the man resembled the prisoner, Joseph Brooks.
COURT. Q. But you are not sure about him? A. I am not sure.
EMMA RICE . I live at 22, Albert-terrace, Knightsbridge—in January last, I was living at Acton—on the evening of 19th January, I was going along the Avenue-road about 8 o'clock, or a few minutes after—as I passed the lodge near Petherton Villa, in the Avenue-road, I saw a man near the trees there; I passed about a yard from him, or from that to a yard and a-half; he stood in rather a peculiar manner, as if there was something before him; that attracted my attention—after I had passed him, I turned round and looked at him five or six times—to the best of my belief that man was Joseph Brooks.
COURT. Q. Do you feel at all confident about it? A. Yes, I do.
MR. CLERK. Q. About half an hour after this, did you return back in the same direction. A. Yes, to Petherton Villa—at that time a friend of mine, Mr. Smith, was walking along with me—it was one minute to half-past 8 when we came past Petherton Villa—I know the time so accurately, because I asked my friend, and he looked at his watch—when we got to Petherton Villa, I did not see anything of the man that I had seen before—as I went along, four or five minutes after I had passed Petherton Villa the second time, I heard a report of firearms—I was going in the direction of Mill Hill-buildings; that is near Church-road—the spot where I saw the man, who I believe to be Joseph Brooks, standing, was, I should think, twenty or twenty-eight yards from Petherton Villa; twenty yards, I should think—he was a little past the lodge; he was near one of the trees there.
Cross-examined by MR. BEST. Q. Was any one with you when you first saw the man? A. Yes, Mr. Smith—he is not my sweetheart, he was walking with me—I don't know that he was paying attention to me particularly—I was not paying more attention to Mr. Smith than to the person I saw in the road—the night was not so very dark; I am quite sure of that; it was not very dark, it was rather dark—I and Mr. Smith proceeded past the person—we did not walk fast—I turned round five or six times to look for the man—he followed us a little way, he was watching us a little way—I had never seen the man before that I am aware of—to the best of my belief it was the prisoner; I cannot positively swear to him, but I have not the least doubt.
JAMES EDWARDS . I am a labourer, and live at Acton—on 19th January, I was with Mr. Stock—I came from Turnham-green, and came up the footpath—as I came by the corner of Avenue-road, I saw two men standing in the road—I saw one man walk round the trees into the ditch, and the other stood in the road—I did not see whether he had anything in his hand—he had got a dark coat on and a dark cap, by what I could see of it—I spoke to the man—I said, "Good night," and he answered me, "Good night," in a gruff manner—I know the Brooks, I have known them these ten years—I did not take sufficient notice of the man I spoke to, and who answered me, to say who he was; it was a very dark night, so that I could not say who he was—if it had been a light night, I daresay I should have detained (identified) him.
CHARLES CATTLING . I live at Acton, and am a gardener—I know the prisoner Isaac Brooks—I have known him from a boy—on the evening of 19th January, I went to Petherton Villa, just after 8 o'clock—it was about a quarter-past 8, I should think—I saw the deceased Davey lying on the ground, dead—I saw six or eight persons there when I got there—I afterwards saw the prisoner Isaac Brooks there—he came up to my left side and spoke to me, and I spoke to him—he said, "How are you, Charley?" and I said, "How do you do, Isaac?"—I said, "This is a shocking affair," and he said it was—I said, "I never knew a more cold-blooded affair than this in my life"—he said, "Nor more did I"—I said, "I think it must have been done out of spite," and he said, "I think so, too"—at this time the doctor came up, and I left—I never saw Isaac afterwards—I saw two men there at the same time named Moore and Longhurst.
Cross-examined by MR. RIBTON (for Isaac Brooks). Q. I understand you to say you knew Isaac before? A. I did, from a boy—I had not seen him before this since October, when I met him coming from work—I knew his name; I mentioned that it was Isaac Brooks that I saw, on the next morning at 9 o'clock, to police-constable, 51 T, (Hoare)—I told him I had seen Isaac Brooks there on the night previous, I am sure of that—I suppose he was there like any of the other persons, looking at the dead body—when I first went up, there were from six to eight persons there; that was about a quarter-past eight—the man had then been shot—that was the time as nigh as I could guess; it is merely guess-work.
MR. CLERK. Q. Were you still talking to Isaac Brooks at the time the doctor came up? A. Yes, up to that time.
ROBERT MOORE . I live at Walnut-tree Cottages, Acton—on Monday, 19th January. I was in Acton-town—I saw Thomas Kelsey, a police-constable, in the town; I followed him from the town down Church-road; he was running, and I ran with him—I had heard the report of fire-arms; I was then in the town of Acton—I ran with Kelsey to Petherton Villa—I can't say exactly how far I was from Petherton Villa when I heard the shot
fired; I should say about two or three hundred yards—when I got to Petherton Villa I found a crowd collected there—the constable was then lying dead on the path inside the garden—I saw Charles Cattling there talking to another young man, Isaac Brooks—I knew Isaac perfectly well, I have known him for the last five or six years, or longer than that—I can't say exactly how long a time elapsed from the time I heard the shot fired until I saw Isaac Brooks talking with Cattling; it was not so very long, because it did not take me many minutes to go there—I saw Cattling talking to Brooks pretty nearly directly after I got to the place—when I heard the report I was standing against the Six Bells in Acton—I was outside the public-house when I heard it—I ran down immediately with Kelsey; I asked him what was the matter, and he said a police-constable was shot; I believe those were the words—I have worked with Isaac Brooks—I worked at hay-making with him last summer at Mr. Buxton's; he was mowing, and I was hay-making.
COURT. Q. You say you were outside the Six Bells public-house when you heard the shot? A. Yes—I am sure I am right about that—there were no other persons standing round that I know of—I did not take any notice of them—there might be, or there might not—I saw the constable come running up the town, and I asked him what was the matter—that was not a great while after the shot had been fired—I would not like to say the time, because I hardly know.
THOMAS KELSEY (Policeman, T 135). On the night when this occurred I went to Petherton Villa about twenty minutes before 9—I saw Robert Moore at the Six Bells; he went with me from the Six Bells to Petherton Villa—I did not hear the shot fired—some information reached me at the station at Acton—when I got to Petherton Villa I saw the deceased lying on his back, dead—I had no conversation with Moore, no more than I asked him if he knew whether any of our men were gone, and he said he did not know—that was at the Six Bells—at that time I had had information at the station that a constable had been shot, and I told Moore so.
Cross-examined by MR. RIBTON. Q. You heard that a constable had been shot? A. Yes, I heard it at the station—it did not take me more than two minutes to get from the station to the Six Bells—I started from the station directly I heard of it—I reside at the station—somebody came and told me; I don't know who it was, or where they came from—I did not stop, and ask; I was in bed at the time—I had to get up and dress myself—there was not ten minutes' interval from the time I received the information till I was at the house where the deceased was shot—I was not long dressing—it is not more than five minutes from the station to Petherton Villa—I could go there in less than five minutes if I ran—I did run—I ran past the Six Bells; I did not stop there—I did not hear the shot myself, so, of course, I cannot say how long it may have been fired before the news reached the station—it was twenty minutes to 9 when I arrived at Petherton Villa; I looked at my watch to see what the time was; and I looked at it when I heard the news at the station; it was then half-past 8; I can swear that—I dressed myself directly I received the information, and from that time till I arrived at Petherton Villa was ten minutes.
HENRY BAILEY LINGHAM . I am a surgeon at Acton—on the night of 19th January, I was summoned to Petherton Villa—I arrived there between half-past 8 and a quarter to 9—I found the body of the constable, William Davey, lying at the door of the house in a sort of fore-court—part of the head was blown off—I examined the head, and found a quantity of small
shot, numbering about twenty-three altogether, in the substance of the brain—I should say the gun had been discharged very close to the head, almost in contact—I afterwards examined the shot that were taken from the brain; they were No. 5—I afterwards weighed twelve of those shots with twelve shots that were produced by Inspector Scotney, and they weighed eqal, mine were lighter only by half a grain—they were shot of the same No.—death must have been instantaneous.
Cross-examined by MR. BEST. Q. No. 5 is a common No. of shot, I believe? A. Yes.
JOHN SEARLE (Police-inspector. T). About 10 o'clock on Monday night, 19th January, I first received information of the death of William Davey, a constable of my division—I proceeded at once from Hammersmith to Petherton Villa, Acton, a distance of about three miles—I there saw Sergeant Bonnick with Mr. Scotney—in consequence of something communicated to me by Bonnick, I went to No. 1, Chapel place, Back-common, Turnham-green—I arrived there about 12 o'clock—we did not at that time know where the prisoners resided—we found out about half-past 1, and then went to No. 1, Chapel-place—we knocked at the door, and the prisoner Isaac answered from a window up stairs—Scotney requested him to come down—he came down in his night-dress—I asked him if he had any fire-arms—he made no answer—I then asked him where his brother was—he said, "Up stairs,"—I left Isaac in charge of Mr. Scotney for the moment, and went up stairs, and I was followed by Mr. Scotney with Isaac—I went into the room in which Joseph Brooks was in bed—I said, "Joseph Brooks!" he said, "Yes"—I had a lamp with me, I was in my police dress—when I said, "Joseph Brooks," and he said, "Yes," he seemed to tremble very much in his voice; he was lying in bed—I said he would be charged with his brother with the murder of police-constable Davey at Acton—that was the first thing I said—he did not make any observation to that—I then said, "Have you any fire-arms?"—he made no reply at first—I said, "You need not answer any questions unless you like; I ask you again, have you any fire-arm?"—he said, "I had a gun, but it is at the shop at Acton"—Mr. Scotney came into the room in the mean time, and he also asked him if he had any fire-arms—the prisoner was at that time sitting up in the bed—Mr. Scotney asked him the question about the same time as I did, and he made the reply in answer to both questions that he had a gun, and it was at the shop at Acton—Mr. Scotney reached over the bed, which was close by the wall, and pulled the bed back, to feel if there was anything under the bed—he then left the room, and accompanied Isaac into the room where his wife was, leaving me with Joseph—I told him to get up out of bed—when he got up, I turned down the bed from the top, and under the bed, between the bed and the mattress, I found this fowling-piece as it is now—the muzzle of the gun was nearest the pillow—it was lying longways in the bed as the prisoner was lying—I said to the prisoner, "What do you call this?" he turned round, and saw what I had in my hand, and said, "Oh! I forgot it was there"—I examined the gun, I put my little finger into the muzzle as I took it from the bed, and I said, "This gun has been recently discharged"—the muzzle was quite greasy, and my finger was quite black from the powder, the barrel was quite cold—I looked at the nipple; there was no cap; the cap that had discharged the gun was off, but I should judge from the smell of the nipple that it had been very recently discharged—the prisoner did not make any observation when I said the gun had been recently discharged—he treated the matter very
lightly; he laughed in dressing himself—after he had pulled his stockings on, the bed and bed-clothes were all thrown over together, and in turning them back the prisoner took up the corded jacket that he now has on, by the bottom part, which caused the pockets to be upside-down, and from the jacket pocket fell a powder-flask, which he endeavoured to conceal with the bed-clothes—it fell on the bed—I put my hand over, and said, "What is that?"—Sergeant Byden, who was in the room, took it up, and said, "It is a powder-flask"—I asked Joseph where he had been that evening—he said nowhere at first; he afterwards said he had not been out since he returned from his work about six o'clock—that was while he was dressing himself—I then took him down stairs where Scotney was with Isaac—and then, in the presence of both, I repeated the charge I had made, of shooting constable Davey—Joseph repeated that he had not been out, and Isaac said the same, that he (Isaac) had not been out, and that his wife knew it—I believe Joseph said that the gun had only been taken out of pawn that evening, and Isaac's wife said, "Yes, Jane Lake fetched it out; she and me went to Hammersmith, and only got it out this evening"—we took the prisoners to the station at Hammersmith—I went back to the house several times afterwards, but I could get no admission till Saturday the 24th; the house was shut up—on the 24th I looked in a box under the bed in Joseph's room—I had seen that box when I was there on the night of the 19th, and had looked in it—on the 24th I found this coat in the box—I had seen that same coat on the 19th, but did not take it then, not being aware of any reason for doing so—I found a quantity of shot in the pocket, and loose shot in the box—the shot was taken from the pocket by Inspector Scotney, and in the right-hand pocket I found this knife (producing it) rolled up in this handkerchief—it was in the same pocket from which the shot was taken by Scotney—some of that shot was given to Mr. Lingham—there were also five copper caps in the box.
COURT. Q. What quantity of shot was taken from the pocket? A. About an ounce and a half—there were about a score of loose shot besides in the box—it was while I was gathering them up from the box, that Scotney put his hand in the pocket, and took the shot from there.
GEORGE BYDEN (Police-sergeant, T 32). I went with Searle and Scotney to 1, Chapel-place, on the night of 19th January—I found there this powder-flask that I now produce—there was a small quantity of powder in it; it fell from the jacket-pocket—when it fell Joseph endeavoured to cover it up with the bed-clothes.
WILLIAM MAY . I live at 3, Cambridge-villas, Hammersmith—the prisoners were employed by me at a building in Park-road north, Acton—I did not give Isaac any instructions with respect to the constable Davey; I told him to see a policeman, but not that individual policeman—I told him to tell a constable just to look round the building during the night—that was on the Monday afternoon previous to the murder, just a week before—I did not, to my knowledge, speak to either of the prisoners about it after giving that direction—I afterwards saw the constable Davey; neither of the prisoners were with me then—I had some conversation with him—I did not afterwards tell Isaac that I had seen Davey—my premises are about from thirty to forty yards from Mr. Saunder's place.
where there was some old wood and building materials; some of them had old papering on them—I saw some old wood with similar paper upon it at a place called Bollow-bridge-road, close by some ricks—they were as much like those at Mr. Saunders' place as could be—I believe the paper to be the same pattern.
EDWARD CHARLES DAVIS . I am a surveyor—I prepared the plan produced—I know Chapel-place, Turnham-green—from there to the posts near Cumberland-villa the distance is 5 furlongs 11 yards, and from the posts to Petherton Villa is 2 furlongs 198 yards, going up the footpath north wards—it is 111 yards short of a mile from Chapel-place to Petherton-villa—the footpath through the posts is the shortest way, keeping the path; it is almost a direct line—I know Mr. Saunders' premises in Park-road North—the distance from there to the ricks in Bollow-bridge-road, is 260 or 270 yards, going southwards down Park-road North, and across the fields—to do that you would have to get over a hedge—it is a very scanty hedge, it is hardly to be called a hedge; there are gaps, and there has been a footpath through it in several places—it may be used very easily.
The COURT was of opinion that there was no evidence to go to the Jury against Isaac Brooks.
ISAAC BROOKS.— NOT GUILTY .
JOSEPH BROOKS.— GUILTY .— DEATH .
NEW COURT.—Wednesday, April 8th, 1863.
PRESENT—Mr. Justice MELLOR; Mr. Ald. SALOMONS; Mr. Ald. WILLIAM LAWRENCE; and Mr. COMMON SERGEANT.
Before Mr. Justice Mellore.
PLEADED GUILTY .
MR. METCALFE, for the prosecution, stated that the Grand Jury had ignored the Bill for Murder, and that he should not proceed upon the Coroner's Inquisition, believing that the child was born dead. MR. SLEIGH, for the prisoner, stated that she was a pupil in a school, and that her relations, who were respectable, were ready to take charge of her. JUDGMENT RESPITED .
MESSRS. DALEY and GENT conducted the Prosecution.
THOMAS STAFFORD . I am a labourer, of 21, Union-place, South Wharf-road, Paddington—the deceased, John Stafford, was my brother—on 4th February, between 9 and 10 in the morning, I was at work at the arches of the Great Western Railway—I was employed by Lester at the second arch from the one that fell—my brother was in the arch that fell—we were excavating the soil on both sides, and the carts were taking it away—I never worked in the arch that fell—this (produced) is a model of it—I do not know whether there was any coal in the bunkers; I never heard either of them say that there were coals there—about 7 in the morning Dowse, one of the men who got killed, came and spoke to me, but not in the prisoner's presence—I then went and looked at the arch, and saw the second pier, the iron stanchion lying on the ground after it fell from the roof—that was the
hind one—one of the drivers, who is here, tied it to his cart, and drew it out of the way—neither of the prisoners were present then—we were authorized by Mr. Edwards to draw the first stanchion on the Tuesday, about a quarter to 4 o'clock; the second was drawn out of the way, between 7 and 8—only one "Eight strut" was put up on Monday night before we removed the first stanchion—this piece of wood represents the strut—after the second stanchion was drawn out, I saw Mr. Edwards there, who told me he was in the place from a quarter to 9 to 9 in the morning, on which it fell at 7—he came into the arch where we were working, but I did not see him in the arch that fell—he told me he had been there, but he did not tell me on the same day; it was when the Coroner came to look over the place—the stanchion was drawn out at 7, and the bunker fell at a quarter to 10—the men were working all the while—when the first stanchion was put away a strut was put up, but when the second stanchion was taken away no other strut was put up; there was no support at all—I do not know who ordered the first strut to be put up, but I believe Mr. Barnes put it up; he is here—I cannot say whether I saw Edwards there after the second stanchion had been taken away—there was plenty of room for two struts to be put up, and plenty of time; it could easily have been done—Lester ordered us to go to work, and paid us—I heard the bunker fall—I was in the next arch but one; it covered four men, two of whom were killed—the coals smothered them up—I should say there were fifty tons of coal in the bunker—I cannot say whether Lester did or did not order any struts to be put up.
Cross-examined by MR. SERGEANT BALLANTINE. Q. Had you seen Lester in the neighbourhood of the arch? A. Yes—when he said that he was there I understood him to refer to his having been at the works—the first stanchion had been taken away under orders, and a wooden support of considerable thickness put up before the stanchion was removed—there is no doubt that a wooden stanchion ought to have been put up before the other stanchion was removed; any labourer would understand that—this stanchion was removed when the labourers were working round it—if I had been aware that there was anything above it, I would not have remained under the arch when the stanchions were removed—this support is of wood, and these are walls with stone pillars where it projects.
MR. DALEY. Q. When you say that the proper course would be to put up a support, would that depend upon whether there were any coals overhead or not? A. Yes; I did not know that there were coals overhead.
CHARLES STAFFORD . I am a brother of the deceased—I was employed by Lester, excavating the soil in the next arch but one to the one that fell—I heard Lester say plenty of times that the bunkers were quite empty—I did not know that there were coals there.
CHARLES FORD . I am a labourer, of 102, Star-street—on the morning of the accident, Wednesday, I was working down at the goot shed at the well—Lester employed me—I know that there were coals in the bunkers on the Saturday previous, when I was working under the arch that was empty, with Charles Levey, the second arch from the one that fell—when I was at work Lester came up and down a dozen times—I called him, and said to him, "What are you going to do about this iron column?" (that was the upright which was up in the second arch from the one which fell, for the purpose of supporting the bunker, but there were no coals there—some bunkers were empty unless there was about a sack in them, and some were full—this is the model of one arch; there are two iron columns in it)—
Lester replied, "Down with it, and let us have the b—y muck in the cart"—the muck was the ground round the column—the ground I was excavating did not interfere with that arch at all—I turned round and said, "Look here, Lester, recollect there is a lot of coals under that arch"—he said, "Coals be d—d; let us have the muck out"—this referred to another arch, and I do not believe that foundation would interfere with the one that fell down—he was speaking of the stanchion supporting the arch under which I was working—Lester paid part of my wages, and part was paid out of Messrs. Smith's office.
MR. GENT. Q. Are you speaking of Saturday? A. Yes; I was not at work on Saturday under the arch that fell, nor on Monday.
WILLIAM BUCKINGHAM . I was working on Saturday under the arch that fell—both iron stancheons were then standing—I left about fifteen inches of dirt round the first one—Mr. Edwards came in about half-past 3 on Saturday afternoon, and I said, "Mr. Edwards, we shall want some timber in here before this comes out"—he said, "Yes; that shall be done"—I saw Lester there on Saturday, backwards and forwards—I did not see either of the stancheons taken away—when I said that timber ought to be put in, I meant before the stancheons were taken down—there were no struts in at the time that was said by Edwards.
Cross-examined. Q. Do you mean one strut to replace each stancheon? A. Yes.
CHARLES LOVETT . I am a labourer, of 4, Camden-place, Notting-hill—I was at work on the Saturday in the second arch from the one that fell—we were ordered there to fill the carts at Lester's own words—the stancheons were both standing then—Lester passed us, and said, "Now Ford, let us have some of that muck in the cart"—Ford said, "Lester, come this way, what are you going to do with these iron columns?"—Lester said, "Throw them down, and let us have the b—muck in the cart"—I did not see either of the stancheons thrown down at that time.
Cross-examined. Q. Was this allusion to the b—muck, an allusion to the place where you were working? A. Yes.
ROBERT KERR . I am professor of the art of construction at King's College—I have examined the scene of this accident at the Great Western Railway—the cause of the accident was the weight of the coals after the removal of the columns—the proximate cause of the fall, was the removal of the support—I can only assume that the bunkers fell from the absence of support under them.
The prisoners' depositions before the Coroner were read, in which Edwards said that he marked out the ground where the men were at work, and told Downs not to take the iron column out until he sent Baines to put a strut in; that the men had no orders to remove the second column, and had no right to be working within nine feet of it; that if he had known that the two stancheons had fallen, he would not have allowed a dog to have remained, and that the men were usually very careless. Lester said that he was there at half-past 9, and did not observe that the second pillar was down, or he would not have worked under it, and had given orders, for it not to be taken away; that he never heard that there were coals in the bunkers, and did not use the expressions to him.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
MR. GENT, for the Prosecution, offered no evidence, the Grand Jury having ignored the bill for murder.
NOT GUILTY .
MR. GENT conducted the Prosecution, and MR. SLEIGH the Defence.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
GUILTY .— Five Years' Penal Servitude.
PLEADED GUILTY .— Confined Two Years.
MR. SLEIGH, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. GENT conducted the Prosecution.
FBEDERICK WILDING . On 26th March, about 8 o'clock in the evening, I was coming through Thorney-street, which leads from Bloomsbury-street into New Oxford-street—I had in my trouser's pocket, a half-sovereign and five shillings in copper—the prisoner and two or three other parties followed me through Lumber-court into Thorney-street—I can swear there were two more, and one was a little bigger—I had received the money in Old Compton-street, not far from there—I first saw the prisoner in Little Earl-street, where they all came round me because I dropped a packet of halfpence on the pavement, which I picked up and put loose in my pocket—it was after that that the boys came round me—the gas was alight in the public-houses, and there was light enough to see their features—they got round me, and I was detained just upon an hour, from Lumber-court to Thomas-street, because I told them all that I was waiting for a friend—they still remained and went on to Thomas-street, where they came round me, and tapped my pocket to feel my money, and then thrust their arms round my neck and on my mouth to prevent my hallooing, and blind-folded me—I cannot tell who did that—after tearing my trousers, and biting my hand, they put their hands in, and succeeded in getting 3s. 1d. out of my pocket, which they tore out, and some of the money rolled out and was picked up ten minutes afterwards and given to me by the people who stood round, 3s. 1d. was all that I lost—I am sure the prisoner was not one of those—1s. 11d. was lying on the pavement, and was returned to me by two or three people standing round, and I was then 3s. 1d. deficient—I had had five shillings' worth in my pocket.
MR. GENT. Q. Who did you take hold of? A. The prisoner; he was standing in Thorney-street, within a yard or two of me—I gave him to some gentleman, who said that he could not stop, and a policeman held him—he did not struggle, or try to get away, that I know of—I am sure the prisoner is one of the boys who came round me in Earl-street.
HENRY BECKETT . I am a bone-keeper of 14, Henrietta-street—I was at the top of Vine-street, close to Thorney-street, heard a cry of "Police!" and went up to five or six lads, about the prisoner's size, who were scrambling on the pavement—I did not take much notice of them at first, thinking they were at play, but directly afterwards I heard money jink on the pavement—I went across to them, and saw the prisoner and the prosecutor among them—the prisoner was stooping on the pavement, as if picking up something—he then attempted to ran away, but was detained by a gentleman—the lad halloed out "Police!" two or three times before I went up—the prosecutor said, "That lad has been helping to rob me; he has torn my pocket"—I saw his pocket torn down—the prisoner was detained till a policeman came—he bit the prosecutor's hand—there was half a sovereign in it.
THOMAS M'GWINE (Policeman, F 58). I was on duty in Thomas-street—I went up, and found the prisoner detained—there was a great crowd there—the boy said that he was robbed of 3s. 1d., and that the prisoner was among the lot who committed the robbery.
NOT GUILTY .
MR. H. PALMER conducted the Prosecution.
WILLIAM HENRY SMITH . I am a commission-agent, of 3, William-street, North, Stepney—on 25th March, about 2 o'clock in the night, I was passing through Lincoln's-inn-fields towards home—the prisoner spoke to me about thirty yards from Turnstile—I had never seen him before to my knowledge—he said, "I want some money?"—I took no notice—he followed me, and said, "I want some money, and I must have it"—I turned round, and said, "If you annoy me, I will give you in charge"—he said, "I shall stick to you; I want two shillings, and I must have it"—he did not touch me, nor did I touch him at all—he said several times, "I shall stick to you," and followed me some distance into Holborn—I said, "Now mind, I shall give you in charge as soon as I meet a policeman"—I met one, and gave him in charge—he made no statement in my hearing—I was quite sober—the prisoner appeared intoxicated when I said I should give him in charge—he charged me at the station-house with having used an expression about a girl.
Cross-examined by MR. DALEY. Q. Have you an office? A. I do business at my own house, 33, William-street, North, Stepney—I am a householder—I was coming from Westminster, where I had been spending the night with my brother, who lives in London—we supped at a little after 12—we had been spending the evening at several places, and I went home with him—I was at the Round Table, St. Martin's-court, for two hours, and went from there to Queen Ann-street, and from there to Westminster—I went home with my brother after 12, and remained some time with him—I then proceeded home alone—I charged the prisoner with annoying me, and endeavouring to obtain money—the prisoner said nothing—I know nothing
about an Act of Parliament about obtaining money by menaces—I never heard of it till to-day.
MR. PALMER. Q. Do you know that no man has a right to stop another in the street? A. Yes; if anybody did so I should feel bound to give them in charge—I have been a householder twenty-four years—my address can be found; the prisoner's friends have been there.
HENRY LEARY (Policeman, F 104). On the morning of 25th March, I was on duty at twenty minutes to 2 o'clock in High Holborn, and met the prosecutor and prisoner walking together—the prosecutor said he wished to give the prisoner in charge for attempting to extort two shillings from him coming through Lincoln's-inn-fields—I took the prisoner—the prosecutor was quite sober—the prisoner was slightly the worse for drink, but understood what he was about—when we got to the station, the prisoner said that he was going home to Gray's-inn-lane, and was stopped by the prosecutor, who put his hand under the crutch of his leg, and wanted to take indecent liberties with him—as he was leaving the dock he said, that he wished the prosecutor paralized before morning—the prosecutor was there at the time, he went with us to the station.
The prisoner received a good character.
NOT GUILTY .
MATILDA MADLIN . The prisoner and I have been sweethearts for about nine months—he is a boiler-maker—we had broken off our acquaintance about six weeks before this—on the night this happened, about half-past 9 o'clock, I was coming from my aunt's, in Mile-end-road—I think it was April 1—the prisoner met me coming out at my aunt's gate, and asked if I was going home—he wished to go home with me—I said that his company was not required—I saw him following me when I got to the top of the garden—I was frightened to go across the park, and turned up the Bethnal-green-road—he said that he would follow me, and I said that if he did I would go back to my aunt's—I asked him, in the Bethnal-green-road, why he was following me—he said, "I think you have been playing with me long enough"—I said, "In what way?"—he made no answer, and I turned back to go to my aunt's again—I did not go in; but as I was going there, I looked round in a dark place and saw the prisoner's hand raised from his pocket three times—I was watching his hand—I then heard the explosion of a pistol, and felt a sharp shock on my right side towards my back—it made a hole in my cloak and went through it, but not through my dress—I was about two steps from him when the pistol was fired, standing sideways to him—I went a little way down the walk, and fell against the fence.
Cross-examined by MR. PALMER. Q. How long has he been sweethearting you? A. I have known him nine months, but have not spoken to him for six weeks—I had worn the cloak three or four times—I knew the prisoner carried a pistol—I heard him discharge it once a long time before this.
COURT. Q. At the last interview you had with him, had you any words? A. No; I never had a quarrel with him; I declined speaking to him, but gave him no reason: he did not ask it.
WILLIAM CHAPMAN (Policeman, K 27). On 1st April, about 10 o'clock at night, I received information, and found the prisoner at 29, Tomlin-terrace, Limehouse, putting his trousers on—I searched his box, and found in it this box, containing a good many rivets, some caps, and some smaller rivets—this
pisto which had been recently discharged, and had an exploded cap on the nipple, was in his coat pocket, and one of these Chinese knives—I told him the charge, and he asked me if she was dead—as I was searching his box, he said, "I done it with one of them"—that was one of the rivets—he said, on the way to the station, that he did not intend to murder her; he only done it to frighten her.
Cross-examined. Q. Did you knock at the door of his room before you went in? A. No—I produce a powder-flask with powder in it—I did not smell the pistol—this is the cap that was on it—I say that it had been recently discharged, because there was some black in it.
JOSEPH GEORGE DEFRIES . I am a surgeon, of 289, Bethnal-green—on the evening of 1st April, I was called to see the prosecutrix—I found a large bruise on her right side, with a central ecchymosed spot, which I suppose was where the blow was received; it arose from congestion of the vessels from external injury—it was a recent bruise—I have seen these rivets—I think a rivet discharged from a pistol would be likely to cause the bruise I saw, and it might have perforated her body and killed her—there was a hole in her mantle corresponding with the position of the bruise.
Cross-examined. Q. Might the bruise be caused by a pinch? A. I do not think it could—a stone might do it, if one was thrown—anything which would cause a bruise might have caused this—anything discharged from a pistol at two feet distance would be likely to do far more serious damage than I saw—it might or might not be caused by a bullet from a pistol.
(The prisoner's statement before the Magistrate was here read, as follows:—"I beg to state that I have been in the habit of carrying a pistol loaded for sport after being practising on the flying trapeze; also, that I did not discharge the pistol to do bodily harm. The young lady had kept company with me nine months or about; has dissolved that company, and kept company with another, which I thought was merely for spite, not thinking that she intended to leave me.
COURT to MATILDA MADLIN. Q. Did you see any other person near the stile waiting for him? A. No; but he came down to my aunt's gate with my cousin's lover in the first of the evening—my cousin came in and said, "Harry is at the gate"—I said, "Then I will not go home if he is going home with me"—there was a young man at the gate waiting for my cousin.
GUILTY on the second Count.—Recommended to mercy by the prosecutrix.—Six Years' Penal Servitude.
THIRD COURT, Wednesday, April 8th, 1863.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. WILLIAM LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Five Years' Penal Servitude.
MR. METCALFE conducted the Prosecution.
JOSEPH LINGFORD . I am a tea-dealer and grocer, at Bishop's Auckland, Durham, and am a customer of Messrs. Cook & Co. of Bow, for soap—I know the prisoner as their traveller—he called on me on 5th November, 1862, and I paid him 41l. 16s. that day for Messrs. Cook—I have the account in this book (produced)—the first entry here is 41l. 16s. with an allowance of discount on some boxes—this receipt is in the prisoner's writing—September 16th was the next time before that that I paid him any money—I then paid him 11l. 8s. in cash—this (produced) is his receipt; it is his writing—I am sure I paid it on 16th September—the 41l. 16s. is the last payment that I made to him—I have a brother named Samuel Longford carrying on business in the same town.
Cross-examined by MR. GIFFARD (with MR. LEWIS). Q. Is your brother here? A. No—I cannot say exactly how long the prisoner has been dealing with me as traveller for the prosecutors; perhaps two years—he opened the account—I have no idea what amount I have paid him altogether, perhaps 200l. or 300l.—he visits our part about once in a month, or six weeks—Messrs. Cook charge for the boxes in the account, and then allow us for them; that is the meaning of "boxes 10s."—the soap is invoiced at 3s. 6d. per cwt., which they deduct on settlement; that is the meaning of "discount 4l. 3s. 6d."—if payment was delayed for twelve months I dare say they would not take that off—"allowance 5s. 2d." is an extra discount, which they very frequently allow on very prompt payments—the goods paid for on 11th November, we should receive about a fortnight before the date of payment—the invoice is dated about a month before.
DE FORGES . I am the only member of the firm De Forges and Son, at Hull—I know the prisoner as traveller for Messrs. Cook, with whom I trade—on 29th December I paid him 38l. 5s.—this (produced) is the receipt—it is dated the 28th, but it should be the 29th, which was Monday. Cross-examined. Q. What is the meaning of "freight"? A. Carriage—I do not pay that—they charge it in the bill, but take it off when we pay—I am positive it was paid on 29th December—here is my own entry of it on the 29th in my rough daily cash-book (produced)—I have dealt with Messrs. Cook about four years—I dealt with them for about two or three years before the prisoner was their traveller—I have not done a large amount of business through him; perhaps to the extent of 200l. or so.
EDWARD RIDER COOK . I am a member of the firm of Cook and Co., soap manufacturers, at Bow—the prisoner has been one of our regular travellers for about three or four years, and before that he was a clerk in our service—his salary as traveller was 140l. a year for the last three years, with an allowance of 1l. a day for every day that he was out—his journeys lasted about five weeks each—he had to take orders from the customers, and to receive money for goods which they had previously had—on receiving money, it was his duty to enter it daily in this book (produced)—he used to take statements of accounts out with him, and he used to take this book—he was to present the accounts to the customers, and, when he received the money, he was to enter it in this book the same day—when he had received enough money to make it worth while remitting it, it was his duty to send
it up to us—he sent up journey-sheets every Saturday evening—he remitted money from time to time throughout the journey, when he had it in a remittable form—the journey-sheet should be a copy of this book, containing the amount of the bill delivered, the amount of deductions, and the amount paid—the journey-sheets received by us were entered in a book called the travellers'-book—on his return home, that book was compared with this one, the total amount of receipts were agreed, the sums remitted on the journey were deducted, and it was his duty then to hand us over the balance—any moneys received by him after sending the last journey-sheet, it was his duty to enter in the travellers'-book, striking the balance, and paying over the money—there is no journey-sheet including the 5th November; that date is in the book—there is no sum in the travellers'-book of 41l. 16s. from Mr. Lingford on 5th November, or near that date, but there is a sum of 11l. 10s. from J. Lingford on 5th November—the entries I am now reading are in the prisoner's writing—there is no entry on 16th September of 11l. 3s., but there is an entry of 39l. 18s. 9d. from J. Lingford, on that date, for goods had previously—this (produced) is the ledger containing J. Lingford's account—I do not keep it myself—I look through the ledger from time to time—my father keeps it—he is here—there is no sum entered in this other book between 16th September and the present time, except 11l. 10s. on 5th November—our principle of discount is to allow 3s. 6d. per cwt. on soap, off the account when paid, if paid on the next journey, that is within a month or six weeks of the time of delivery; if not paid to the subsequent journey, our rule is that 2s. 6d. should be allowed; if not paid then, it becomes a matter of arrangement; 2s. 6d. is rather a large sum to deduct altogether—we never intend to give more than three months' credit—the goods represented by this ticket left our place on 16th August—I should say they were ordered on the previous journey—16th September would be the journey after the delivery of them, and that being so, the discount would be 3s. 6d. a cwt.—at that rate, the discount on this bill would be 22s. 9d., and it is down as 23s. 2d.—the sum of 11l. 10s., on 5th November, in the prisoner's book, would represent the smaller allowance of discount, 2s. 6d. per cwt.—if the prisoner had received that sum on 16th September, and not paid it over or entered it until 5th November, and then paid over 11l. 3s. as he received it, we should have noticed the discount. being paid after the first month, we should have wanted to know the reason of his allowing so much discount—the weight of soap is 6 1/2 cwt.—the discount would be 6s. 6d.; it is 7s.; the pence are taken off—this sum of 41l. 16s. has never been entered or accounted for—I find 11l. 10s. entered on 5th November, from J. Lingford—there is no entry at all in this book of 41l. 16s.—this is the prisoner's book which he carries with him—there it no entry on 28th December of De Forges, nor any entry of 38l. 5s. at any subsequent date—on the journey-sheet there is an entry from William Beckett, of Hull, on 28th December, of 22l. 8s., and another of 7l. 12s. 6d.; that is all for that day—there is no entry of De Forges—we do not know what day the prisoner returned from the February journey, as he did not come down at all—here are several receipts of the last journey—looking at the journey-sheets, I find 88l. 11s. 4d. collected by the prisoner and not paid over—that is the balance, deducting the amounts that have been paid—that balance is not shown by his own writing—the statement of accounts is shown by his writing, and we have given credit for the amounts he has paid, reducing the amount to 88l. 11s. 4d., which has not been paid at all—the prisoner has never been to the place of business since he started on
his last journey—this letter (produced) we received from the prisoner—(This being read, contained, besides several remarks not referring to the present case, the following passage: "Joseph Lingford's last parcel to remain till next journey; he is perfectly right." Signed "George Gingell.")—Supposing that 41l. 16s. to have been paid before the last journey, Mr. J. Lingford then owed us nothing—41l. 16s. was the last account that went out—my interpretation of that sentence in the letter is that the 41l. 16s. was to stand over—this letter is in the prisoner's writing—(This being read, was dated March 9th, from the prisoner to the prosecutors, stating that he had learnt from them that they had sent out circulars to their customers announcing that he was about to leave their employ, which he had no doubt would bring them replies as astonishing to them as they were grievous to himself; that when he first started travelling for them he did so under the impression that, in the event of increasing their trade, his position would be advanced, and as no salary was fixed, he was led to do that on his travels at which his mind would otherwise have revolted, until at last he found himself too far involved to extricate himself; that he had done it with a view of improving his position, and should like to ask them for time to redeem his liabilities, but trusted that they would take as charitable a view as they could, in consideration of his wife and child.)—The prisoner was given into custody the day we received that letter, the day after it was written—the amount of collections on the journey which ended on 28th December was 822l. 6s. 2d., according to the prisoner's book—the amount remitted, including 1l. per day expenses, was 842l. 18s. 9d., being 20l. 12s. 7d. over the amount of entries—I did not personally call his attention to that 20l.—there was no balance paid in town on that journey, but the last remittance from the country made that amount in excess.
Cross-examined by MR. GIFFARD. Q. I believe your father attends more to the books, and knows more about the business generally than you do? A. He does—the prisoner sends letters to us, in which the cash remittances are contained; bank notes, bills, and cheques, are all entered as cash—on receiving remittances, we always enter the particulars of each cheque and each form of money that comes, and the total amount is entered in the cash-book as "cash"—half notes and cheques are the usual forms in which we receive money—we have no printed or written instructions for our travellers; we have not sufficient travellers to make that necessary—the prisoner, as clerk in the counting-house, knew the customs of his predecessors, and the ordinary routine in our establishment—the sums given credit for at the end of the journey vary from 800l. to 1,200l., on an average, each journey—there are eight journeys in the year—the journey generally lasts about five weeks—the prisoner lived at York, and was in the habit of going home every Saturday night, and spending the Sunday—he only travelled in the north for us—he has lived in York for about fifteen or eighteen months, I believe—he ought to be in London about a week after each journey, but latterly he has not been in London, as far as we know, more than about two or three days after each journey—on the last three or four journeys he has said, for instance, "I hope to be at home on Tuesday evening," and then has not returned till perhaps the Friday evening—we have never had any settlement with him of his salary account since he has been in our employ—I have examined the account made up by my father, as to the salary due to him—there was no regular time when his salary account ought to have been settled—there was a book kept for the purpose, and when he wanted to pay himself salary he would write "George Gingell
20l.," and that would be, as it were, a sort of debit to him of the amount of salary received; and more often than not he would deduct the amount from what he handed over—that was not in a book kept for that purpose alone, but an ordinary cash-book which lies on the desk—that has invariably been the practice; all our clerks and travellers do the same—the prisoner had borne a good character until within the last six months—his authority with regard to the amount of discount to be allowed was in the main limited, but of course a representative has always power to take exceptional cases into account, and it was his duty to write to us and ask, or, having taken an extraordinary course, to write and say that he had done so—that would be generally the rule of all travellers—there have been instances where the prisoner has taken off larger discount than we allowed, and he has been spoken to and told not to do so any more—when he handed in the balance at the end of a journey, he generally saw it entered in the cash-book; we often, but not always, initial the end of the balance in the journey-book; it was not the ordinary practice to do so—the entries were always made by myself, or by my father, in the cash-book—the amount of collections is summed up at the end of the book, and carried back to the first page; at the beginning of the journey the first page is left blank, and at the end, the total amount of collections is carried back on to it—the places from which the remittances come are given, with the dates of the remittances—that was the ordinary way in which the book was kept—there was no specific limit given to the prisoner for him to decide when he had enough to render it worth while remitting; if he had 20l. or 40l. in gold, I should not consider that worth remitting; but if he had a cheque, and could make up 80l. or 90l., he would be expected to remit that—he was taken in custody on 10th March, and taken before a Magistrate—neither of the charges now before the Court were those investigated before the Magistrate—I do not know what opportunity the prisoner has had of looking over these accounts and seeing whether there is any mistake—we could not see him to call his attention to it—I do not know where he was taken—I am quite sure he did not come twice to our establishment—he did not come there to keep an appointment; he was taken on the way to our place—I do not know when he came to town—I went on two, and my brother on three occasions, to his lodgings, and we could not see him; we had written to say we were coming; and the day previous to his being taken, I put the matter into the hands of the detective officers—the letter of 9th March was dated from the City—I knew his lodging—I was there on the 9th; his house was watched on the night of the 9th—I believe he was there on the 8th; they told me that he was—he had left there early on the 9th, and was on his way to our house—I had not received a message that morning of his being ill—we heard the previous week that he was ill, and my father saw him; he was confined to the house, and next morning my father saw him on the platform of the railway station—99, Queen's-road, Dalston, was the lodging-house I went to on the 9th—no one from that house is here that I am aware of—the last time he had been in our establishment was before starting for the last journey; (referring to the book) I should suppose the 14th January would be on Tuesday or Monday, and he had not been, I think, to our place since the previous Saturday; but I cannot say; he might have come on the Monday morning—I am not sure whether he went straight through that journey, or whether he asked leave to be away three or four days in the middle of it; he did complete that journey—26th February is the day of the last receipt, and in the ordinary course he would come to our warehouse on 27th or 28th
February—the last, entry is from Peterborough, and he can come up from there in two or three hours; the date of that is 26th February, and that is the last place he goes to on coming home—we have a customer named Samuel Sutton Lingford in the same way of business as Mr. Joseph Lingford—he had some goods from us on 13th December, the gross amount of which was 25l. 0s. 3d., subject to discounts and allowances—Mr. Samuel Lingford generally pays on the second journey after the receipt of the goods—we never had a journey overpaid before this one in which the 20l. overplus occurred—I never recollect such a thing happening before—that would not necessarily show that the prisoner had received more money than he had given the particulars of in his journey-sheets—he might have had 20l. or 30l. about him of his own, and in remitting the last amount from Hull he might have mixed it up with his own money—I never spoke to him on the subject—I suppose ours is a large business.
MR. METCALFE. Q. Was there any money due from Samuel Lingford on 13th February? A. 25l. 0s. 3d., less the discount, we believed to be due but it was not due—Mr. Samuel Lingford has sent us up his receipt, signed by Gingell on that day, showing that on that day he paid him 20l.—that is not accounted for in our books, and that money has never been paid to us—there was no money due on 13th February from Samuel Lingford—when that letter alludes to the last account of Lingford's standing over, it can neither apply to J. Lingford or S. Lingford—there is no entry in the prisoner's book of the receipt of that 20l., nor does it appear in our book—it was not on that journey that he paid the excess of 20l. 12s. 7d.; it was on 28th December that he paid the excess—the last day on which he remitted money in the last journey was 5th February, when he remitted 40l. 16s. 6d. from Stockton, but on his return to London he sent 55l. down by his wife on 27th February, and we had two twenty pounds after that—after deducting that we still find a balance of 88l. 11s. 4d.—the prisoner did not usually lodge at Queen's-road, Dalston—he usually lodged at Adelaide-road, St. John's-wood and he lodged there two or three days after he returned to town from the February journey—my father went to that house—when the prisoner sent down the second amount in that letter he told us he was lodging at 99, Queen's-road—he has never been to the office since that journey—we had no opportunity of offering or calling for any explanation—when any of our clerks or travellers require money, instead of its being paid at stated periods, they enter the sum in the cash-book in their own writing; they draw the account as they wish, subject to our checking and seeing that they do not overdraw it—the prisoner's salary account is overdrawn—I have examined the state of his salary account, I looked through it after it had been done—it is overdrawn to the amount of 11l. 5s. 6d.; I know that from going through the books myself—I satisfied myself as to the correctness of it.
MR. GIFFARD. Q. I understood that all you did was to look at the account your father had made out? A. I said my father did it and I examined it—I examined the entries in our private ledger, and saw that my father was right in the calculation he had made—by "private ledger," I mean the books in which the salary accounts are kept—I did not go through the books in which the entries were made by the prisoner himself in drawing on his salary.
MR. METCALFE. Q. Did you, after making out that account, send a copy of it to the prisoner? A. I did, and there was a letter sent to him—he
has never complained of his salary being in arrear, nor asked for any balance.
EDWARD COOK . I am the senior partner in the firm—the prisoner at times accounted to me as well as to my son—if I and my son, who has been examined, were absent, my other son might have received money from the prisoner, but I know of no instance in which be ever did—on the first of these three journeys he accounted to me, and handed over the balance of 20l. to his own salary account, as will appear by the cash-book—on his second journey he remitted more from Hull than he had charged himself with as having received—he stated, when we were balancing the account, that that had better go to the next journey account—I went and saw him on 28th March, at Adelaide-road, when I received the 55l. brought by the wife—he said then that he was suffering from an attack of bronchitis—I went there knowing that he was ill—I think the conversation was almost exclusively confined to the state of his health, and I recommended him to stay indoors, and not to come down to the factory till the Monday following—I do not think anything passed about the accounts then—he gave me his book on that Saturday, and on my return to the counting-house I looked to see whether the account there corresponded with the account which we had in our book—I found that there was a difference, and that there was a much larger balance due than there ought to have been on the journey—I wrote to him on the subject and had my note posted—I saw him on the Tuesday after; as I wan going by the train, I was much surprised to see him at the Kingsland-station—I said, "I am going to call on you"—he told me that he had been down into Essex to see a relative of his wife's, and I said, "Then you have not received the letter I wrote to you, if you went on Saturday?"—he said, "No"—I said, "It is a matter of some importance, and I will not go in with you now, but I will make a call, and come and see you in half an hour's time or so," in order that he might have an opportunity of reading the letter—on my return I told him that if he was unable to pay the balance of that account, e had better pay me 20l. or 30l. at once—he paid me 20l., and said he would make it all right if I would let him go out on his journey—I said that I could not do that till it was satisfactorily explained to me what he had done with the money—I told him that if he would give me a true account of what had become of the money by Friday, I would wait until then, and he could communicate with his friends, if he chose—he did not do so on the Friday, and I then went up to Adelaide-road again, and found that he had left—the lady there gave me the address where she thought he would be found, and I went to Queen's-road, Dalston, but failed to see him—I did not see him again, I think, until to-day—120l. odd was the amount due on that journey—it was reduced by 20l., which he paid me, and by another 20l. which he subsequently sent down by letter, but no part of the 88l. has been paid—the 41l. 16s. has not been paid to us in any shape, nor the 38l. 5s. from Mr. De Forges—the 88l. is entirely from the last journey.
Cross-examined. Q. Do you manage the principal part of the accounts? A. I manage the posting of the credits in the ledger—I have never had a settlement with the prisoner on the subject of his salary since he has been in my employment—I have been through the account to see how much he has received for salary—I have gone through the different parts of our books where he has debited himself with cash—he has retained so much out of his collections for his salary—there was no regular time at which he did that—he simply made an entry against himself of so much money which he retained himself—instead of getting 20l. out of my pocket, he has 100l. of
ours, and he hands us in 80l. with the ticket for 20l.; but not invariably so; he sometimes has cash paid to him out of the cash-box—I never sent him money to York—the account shows that his salary is overdrawn—this (produced) is the original account that I made out, and I copied it and sent it to him—my books are here—we gave him 100l. from 25th June, 1857 to 1858—120l. from 1858 to 1859, and 120l. from 1859 to 1860—from 1860 to the 1st of March, 1863, we gave him 140l. a year—those are the amounts that I have given him credit for—I am not quite certain about the date of the arrangement that he was to have 140l. a year, but it was when we removed from Goodman-yard to Bow—we began a fresh set of books, and we then put down the prisoner's salary at 140l.—whether that was communicated to him at the time I cannot say—I do not know that it was previous to that that we agreed to give him 140l.; to the best of my knowledge and belief it was not, but I cannot say farther than that—if that were so, it would make a difference in the account—I remember when he broke his leg, and was put to certain expenses of being nursed in the country—I will swear that I did not promise that I would pay those expenses; his salary was continued all the time that he was away from business—he was brought home—he was travelling in our service at the time of the accident—I am sure that nothing passed between us about my undertaking to pay the expenses of that accident; neither verbally nor by letter to my recollection—it happened some three years ago, and I should not like to go farther than by recollection—I was not examined at the police-court—I believe the balance on the last journey formed no subject of the charge there at all.
MR. METCALFE. Q. Were not two sums gone into before the Magistrate? A. I was not present, and do not know of my own knowledge anything about it—most of our customers live at a considerable distance; all where these defalcations have taken place are in Yorkshire—that one item put to the salary account, he had collected before his accident—I placed it to the salary account, because it had never been placed on the journey account—that was not done at the time of the accident—it has been standing open in that ledger, but had never been placed against him—I and my son went down to see him when he broke his leg—he had no right to take salary as he thought proper without giving us a ticket for the amount—he never did so to my knowledge—this account shows that he has overdrawn his salary to the amount of 11l. 5s. 6d.—I posted all those entries myself, from entries made by the prisoner himself—I derived this account from those entries—I have never had any complaint about salary, nor ever been asked for any—the prisoner knows that this salary account was taken from him by the police—this (produced) is the letter that I sent—(This was dated, "Bow, 28th February, 1863," stating that the prosecutor required him to pay forthwith the balance still due to them on that journey, and expressing their extreme dissatisfaction at his conduct in not making his remittances in the manner he was accustomed to do; also enclosing a rough extract of his salary account, which he would perceive was overdrawn.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
EDWARD FULLER SEWELL . I live at Malden, in Yorkshire, and am a grocer and tea dealer—I deal with the prosecutors—this receipt (produced) is in the prisoner's writing—I paid him that 4l. 7s. on the day it bears date, 6th November, on account of Messrs. Cook—I also paid him 5l. 9s. 6d. on
18th December, 1862, on account of Messrs. Cook—this (produced) is his receipt.
Cross-examined by MR. GIFFARD (with MR. LEWIS). Q. Do you know where the piece of paper on which that receipt of 5th November is written came from? A. Out of the drawer in our shop; we had no account with him—on the other occasion we had an account with him—I saw him on both occasions—I know he presented no account on the day this piece of paper was taken from the drawer in my shop.
THOMAS WARD SAUNDERS . I am a grocer of Darlington, and a customer of Messrs. Cook—I know the prisoner as their traveller—on 29th November, I paid him 34l. 14s. 6d., and he gave me this receipt (produced) at the time—I paid him on 10th December a further sum of 26l. 2s. 6d.—this (produced) is the receipt in his writing—I have no amount down on 6th February, 1863—I did not pay him any on that date.
Cross-examined. Q. I suppose this memorandum is copied from your books? A. Yes; they are at Darlington—the sum paid in October was the result of three deliveries—I paid up to the 10th December, nothing was left owing to Messrs. Cook.
EDWARD RIDER COOK . There is no entry in the prisoner's little book on 6th November, nor any subsequent entry of 4l. 7s. received from Mr. Sewell—there is no sum of 5l. 9s. 6d., entered on 18th December, nor any subsequent entry of that sum—this journey-sheet should contain that entry of December, but it does not—there is no entry on that day in this large book, nor of either of those sums—on 18th February, we received this letter in the prisoner's writing, dated 17th February—(This being ready after alluding to the accounts of several persons not connected with the case, ended "J. Sewell away ill, perfectly good")—Sewell and Son is the name they trade under but I believe there is only one in the firm—there is no other Mr. Sewell at Malton with whom we deal, nor on the prisoner's journey at all—there is an entry in the prisoner's book on 28th October, of 31l. 8s. 3d.—that refers to a previous parcel of goods—I know that from our books—the gross amount is 32l. 6s. 7d., which is found to balance with a certain parcel of goods in our ledger—there is no entry of 34l. 14s. 10d., nor on 10th December, of 26l. 2s. 6d. from Mr. Saunders, nor does that sum appear at any subsequent date—there is an entry of 28l. 16s. 6d. on 6th February—supposing these first two items of the October account to have been paid at that time, after deducting the discount, that makes up the sum of 28l. 16s. 6d.—the last item in the October account has not been accounted for in any way—the prisoner has never paid me a portion of that money.
Cross-examined. Q. Was this charge about the 30l. 0s. 10d. investigated before the Magistrate? A. No—I do not know whether the prisoner ever received notice that he was to be charged with that—before the Magistrate we took the charge for which we had prima facie evidence, in form of receipts, our other customers lived so far away from London—I have gone through the book, but not to see whether there is a corresponding sum, not of the same name—there are fifty-seven payments on the journey ending February 6th, six payments a week—there was a payment in February of money, the whole of which he had received in October.
MR. METCALFE. Q. Were the other two items of Mr. Sewell investigated before the Magistrate? A. They were; and the statements of the witnesses taken—I believe that was on 18th March; the prisoner was remanded a week.
has the prisoner given me any account of them—those two amounts, the receipts for which have been put in, have not been entered in our books—Mr. Saunders did not pay the 28l. on 8th February, but the prisoner accounted as if he had paid it—the other money has not been paid over to me.
Cross-examined. Q. In what way was that 28l. credited, do you mean by the journey-sheet? A. I mean it was either sent on the journey-sheet which I cannot speak to positively without referring, or it was one of the entries the prisoner made when he came back; oh, it is on this journey-sheet—having been dissatisfied with Gingell's journey in December, I insisted on his sending us every night the accounts of moneys received, and that is why several of these receipts are headed 6th February—December 8th was in the previous journey—the dates of 10th and 11th December are on this side of this sheet of paper, as well as 8th December—the figures of those dates come immediately under the pence, but they to the dates, because they are put next against the names of the parties.
MR. METCALFE (to EDWARD FULLER SEWELL). Q. Is it true that you were away ill on 6th February? A. I have not been out of my own town ill this year, I know—I have not been ill enough to take me away from business.
MR. GIFFARD. Q. I suppose you cannot tell but what a clerk or shopman of yours might have told the prisoner you were unwell some day when he called in February? A. Well, I cannot say as to that—I remember being in the house one day with a bad toothache—I cannot tell at all whether that was in February—I live at the business premises—I would not undertake to say it was not on 6th February.
MR. METCALFE. Q. Was there any money due from you in February? A. No; because all that I owed had been paid in December—there was no other account due—I only had two transactions.
THOMAS WARD SAUNDERS (re-examined.) I cannot say whether I paid any money to the prisoner on 28th December; I have it down the 29th—this memorandum was made by me before I left town—I paid him 31l. 2s. 4d. on September 13th, 1862—I got the 3s. 6d. per cwt rate of discount allowed on that—if I had paid it two months after the time, I should have had the 2s. 6d. discount—I believe I did not pay him any money before those two dates of September and October—I am sure that I paid him those two sums myself—I remember it.
MR. GIFFARD. Q. Without that memorandum? A. Well, the two latter I should remember distinctly, but as to the first I cannot say—I invariably pay my own accounts with my own hand—no person in my place pays for me.
COURT. Q. You paid him 34l. 14s. 6d. on 29th October? A. Yes—did not pay him 31l. 8s. 3d. the day before.
GUILTY .—Recommended to mercy by the Jury.—MR. METCALFE stated that the amounts appropriated amounted to nearly 500l., and that it had been going on for nearly two years.— Confined Eighteen Months .
FOURTH COURT.—Wednesday, April 8th, 1863.
PRESENT—Mr. RECORDER; Mr. Ald. WILLIAM LAWRENCE; and Mr. Ald. BESLEY.
Before Mr. Recorder.
PLEADED GUILTY .— Seven Years' Penal Servitude.
PLEADED GUILTY .**— Six Years' Penal Servitude.
PLEADED GUILTY .— Confined Six Month.
GRIFFITHS PLEADED GUILTY .— Confined Six Months.
MR. DICKIE conducted the Prosecution.
CHARLES SILVERTHORN . I am a shoe manufacturer, at 19, Whitecross-place, Finsbury-square—about 3 o'clock, on 4th March, I was standing on London-bridge, where there was a great crowd looking at something—I stood about two minute, walked away from the crowd, and an officer 534 attracted my attention by pointing to my watch-chain—my attention was drawn to Owen by a young man standing near, and I saw him go to Griffiths and hand him something—I went to Griffiths, and said, "Give me my watch"—he said, "I have not your watch; I have not got anything"—I said, "You have something in that pocket"—I saw him distinctly put something into his trowsers' pocket—when Owen saw me and the officer coming towards him he ran away into the crowd—a constable near me had hold of Griffiths, and we said we would take him to the station—when we had got three or four yards the officer said, "I will see what it is," and he put his hand in Griffith's pocket, and took my watch out—the bow of the watch was broken.
JOHN RUDDICK (City-policeman, 534). On 4th March, a little before 3 o'clock, I was on duty on London-bridge, regulating the traffic—I saw the last witness coming towards me, and I pointed to his watch-guard, which was hanging from his pocket—he put his hand here, and said, "I have lost my watch"—I told him to follow me—I went through the archway, and saw the two prisoners and another person standing together by a public-house—I caught hold of Griffiths, and he said, "What do you want me for?"—I said, "Hold hard a minute"—I directed another officer to follow Owen—I then searched Griffiths, and found this watch in his left trowsers' pocket.
Owen. Q. You did not see me give this man anything? A. No.
WILLIAM VINES (City-policeman, 557). I was on duty on London-bridge on 4th March, and the last witness directed my attention to Owen—Owen ran away directly Griffiths was taken—I pursued him to Lombard-street—I lost sight of him there, because he got into a doorway, and he was stopped by another witness—he lost his hat in King William-street, and he had none when I took him; I am sure he is the man.
JOHN SHEAN . I am a labourer, at 6, Frederick-street, Westminster—about 3 o'clock, on 4th March, I was crossing London-bridge—I saw the two prisoners, and another man not in custody—Owen ran away—I heard the policeman direct the other constable to run after him—I ran after him, and caught him in Lombard-street between two doors—I took him out, and he
said, "It was not me, it was the other man"—he lost hit hat, and wanted to charge me with stealing it.
Owen. Q. Did you see me behind the door? A. I did; I had hold of your hand behind the door, and pulled you out—I did not ask a cabman where that man ran to; there was not a cab or cabman in the street.
Owen's Defence. I hope you will look into it carefully, and not let the innocent suffer for the guilty.
— Confined Nine Months.
MR. DALEY conducted the Prosecution.
MARTHA M'DONALD . I am the mother of James M'Donald, boot and shoe maker, at 5, Queen's Head-road, Lower-street, Islington—I attend to the business—on 13th March last, Knapton came to the shop, and asked me if I would send some boots to be tried on to a Mr. Walsh, 4, Marquis-road, and I said, "Yes, as soon as the boy comes in"—he waited to show the boy where the place was—I gave the boy, Edward Stone, 7 pairs of boots, and he went with Knapton—I am sure he is the man—when the boy returned he had been robbed of the boots—none of them have been found.
COURT. Q. When did you see Knapton again? A. I saw him pass my house in custody.
EDWARD STONE . I am in the employment of Mr. M'Donald—I remember seeing Knapton at the shop, and going with him with some boots in a bag—we went straight along by the New River, and across Rydon's brick-field to a shed—when we got there Price and another one came out of the shed—Price threw me down, and knelt on my chest—before that Knapton stopped me, so that I should not run away, and they said they would shoot me if I moved till five minutes after they had left—Knapton said, "Where is the pistol?" and Price said he would shoot me if I moved for five minutes—I did not call out at all; I did not know anybody was there—I then went back to my mistress and told her—I afterwards saw Knapton with four others at Kingsland-road, station-house—I next saw Price on the following Monday after I saw Knapton, at the station—he was with four more, and I picked him out.
Knapton's Defence. Q. I believe when some of these charges were made against me I was not in England; I do not know anything about this.
MR. DALEY conducted the Prosecution.
JAMES STRAND . I am in the employment of Mr. James Jarvis, a shoemaker, of 12, Church-road, Stoke Newington—on Friday, 27th February, about a quarter to 11 in the morning, Price came into my master's shop, and said he wanted some boots sent to Mr. Young's, Lion Cottage, and that; Mr. Young was in a hurry, and wanted them sent off directly—he then left, and my master gave me four pairs of boots, and sent me with them—I went towards the address given, across a place called Thirty-acre field, and saw both the prisoners there leaning on a post—they then went on before me, and just after they got to the engine-house they asked me if I was not the lad who was going to Mr. Young's—I said, "Yes," and Knapton said he
was going right past there, and he would show me where it was—I then went on with them; they took me up a turning, and said that would be the nearest way round—they took me to a place called Cut Throat-lane, and then Price turned round and asked me for my bag—I said I would not give it to him, and I began to holloa, and Price said if I did not hold my tongue they would run a knife through me, and he asked Knapton for the knife—they showed me the knife—both of them struck me three times—I held the bag, but they snatched it away from me, knocked me down, and then ran away—I got up, holloaed, and ran away—I saw a policeman, and told him what had occurred—these two pairs of boots (produced) are the boots I had—I know them by the mark, and the French nails in the heels.
Knapton. Q. Are you sure I am one of the men? A. Yes, quite sure.
COURT. Q. When did you see him again? A. On a Saturday, at the Kingsland police-station—I saw him first at the Perseverance public-house, at Ball's Pond, with other people—I pointed him out to a policeman—he was not in custody then—I saw Price again on the Tuesday following at the Kingsland police-station in custody—he was sitting in the room alone, and I was asked whether he was the person.
AUGUSTIN TEWSON . I am assistant to Mr. Brabington, a pawnbroker, Pentonville-road—I produce two pairs of boots—Knapton brought them on the 27th February, and wanted to pledge them—I offered him 7s. on them—as I was writing out the ticket he said he would sell them, and take 9s. for them, so I gave him 9s. for them—I recognised him when I went to the police-court, from about a dozen others.
RICHARD TUCKER . I am assistant to Mr. Collier, a pawnbroker, of 6, Rosamond-buildings, Islington-green—I produce a pair of boots, which were brought to our shop by Price on 27th February, between 4 and 5—he offered them for sale as his own property, stating that they were too tight for him—he asked 9s. for them; we offered him 7s., and he took it—I next saw him at the police-station in Bagnigge Wells-road, with others.
Price. Q. He came into the cell twice first, and said that neither of us was the person. Witness. I saw him in the cell with four others, and I did not feel quite satisfied about him, but when I saw him in the light I knew him, and that removed all doubt.
JAMES GALL (Policeman, N 276). I took Knapton into custody on 14th March—I told him I took him for stealing some boots—he said he knew nothing at all about it—I apprehended Price on the 17th, told him the charge, and he said, "I expected you would be after me before this time; I know all about it."
James Gall stated that the prisoners had obtained more goods in the same way from other people. Ten Years each in Penal Servitude.
MR. HORRY conducted the Prosecution.
WILLIAM WILLIAMS . I live near Chepstow, and am a bootmaker—I am the father of Elizabeth Jones—I was present at her marriage with the prisoner on 14th November, 1856, at the Registry-office at Newport—I gave her away—they lived together in Cardiff it might be a year and a half—I saw my daughter this morning; she is in the neighbourhood.
Prisoner. Q. You know we never lived happily, she was always getting
drunk, was she not? A. I don't know anything about that—I dare say she is living with some man now—I don't know anything about that.
ANDREW HART . I live at 2, Commercial-road, Pimlico—I produce two certificates which I got at the Registry-office, Somerset-house—they are stamped—I know the prisoner; he came to lodge at my brother's house about three years and a half ago with a female, as his wife—I have seen her this morning; she is the daughter of the last witness—she lived with the prisoner there about a fortnight, and then left the place—the prisoner remained after that—I observed something between the prisoner and my sister Sarah Hart, and I spoke to him in consequence—I told him I thought he was corresponding with my sister—in the first instance he denied it—after some time I heard they were about to be married—I spoke to him on the subject, and he said that he was—I told him he had better be careful in what he was doing, and he had better not marry my sister, as I understood him to be a married man—he said that he was not—I said, "You lived at our place with a woman whom you represented to be your wife"—he said, "Yes, but that was false; that was only a woman I picked up in the streets"—he was subsequently married to my sister, and I knew them living together about eighteen months—some little time since I had a communication with some other woman, in consequence of which I gave the prisoner into custody—I took a constable with me to Mildmay Park-road—the prisoner was not at home—we waited in the street till he came, and then I gave him in custody to the constable, who told him the charge—I did not hear what he said.
Prisoner. He locked me up; I was very good friends with him till about a month before this, Witness. He broke our windows and insulted us, so I had to look him up; and he assaulted a gentleman going to church, and got locked up.
SARAH HART . I am the sister of Andrew Hart, and live at 2, Commercial-road, Pimlico—in October, 1861, I was married to the prisoner, at St. Peter's Church, Pimlico—previous to our marriage I had spoken to him about his being a married man, and he said he was not married—I was eighteen when I was married, and have since had a child—I lived with the prisoner till the beginning of April this year.
Prisoner. We lived comfortably enough, and never had a quarrel.
The certificates were put in and read.
The prisoner's statement before the Magistrate was here read as follows: "My first wife went off, and left me. I took her back three times. Saturday night before she went away, both of us went out to get some things for market, and I saw no more of her till Sunday morning. Monday morning I went to work, and came home to dinner. She was drunk. I went away to get a pot of beer for dinner; I came home at 9 o'clock at night; she wasn't there. A little boy gave me a letter from her, in which she said I was to write off and tell her father that she was off to Scotland, and he would never see her any more. I wrote to her father, and told him so. That is the last time I saw her."
Prisoner's Defence. That is what I say now; she left me once without a shirt to my back, and I took her again.
GUILTY .— Confined Nine Months.
603. WILLIAM SMITH (18) , Feloniously breaking and entering the dwelling-house of John Symes, and stealing therein 2 capes, 3 coats, 6 pairs of trousers, and other articles, the goods of James Walter Daniel Waldron .
MR. DICKIE conducted the Prosecution.
JOHN SYMES . I live at 35, Berner's-street, Russell-square—about half-past 6, on 17th March, I came home, lighted the gas, and then bolted the back-door—in consequence of something that was told me I went up stairs; when I got upon the third floor I saw a light—I pushed open the door, and saw some one behind it, and the moment I went in I received a blow, and the light was knocked out of my hand—I was in perfect darkness—I had a tussle with somebody, but could not say who it was—the person cried out, "Pat"—I held him a very short time afterwards, and he said, "So help me God, I will kill you if you don't let me go"—I let him go; he ran down stairs, and I ran after him; when I got to the front door I saw my wife there, and seeing the door open, I thought he had gone out, and I went out, and the door closed—he just opened the door, and then closed it again—my attention was attracted by some one looking through the blind—I got over the area railings in the front, and caught the prisoner at the back door—he said he had come to see if he could render me any assistance—I did not see him actually come out of the back door—there are two doors, a glass door we keep shut by day, and a wooden door we shut at night—he had the inside door open, but not the outside, which is merely fastened by a little hasp—I had no opportunity of noticing the man I tussled with in the room—I thought when I got hold of him that he was about my size, an near as I could judge.
Prisoner. Q. Can you say what weapon the man had in his hand when he struck you? A. No; I do not know what man it was struck me.
COURT. Q. Did you leave your wife down stairs when you went up? A. Yes; she was standing at the front door calling out, I believe.
ELIZABETH SYMES . I am the wife of the last witness—I remember my husband going up stairs on this occasion—I heard a great scuffle and I went to the front door, and opened it—I never left it—nobody went out or came in, except my husband and myself—this property (produced) was found on the top-floor—it had been taken out of the drawers; the candlestick was taken from the parlour—I did not see anybody run away from the house.
Prisoner. Q. What time in the evening did you go out? A. I was going out at half-past 7, but I did not go—I was not outside the door—there were only four persons in the house at the time, myself, and my husband, a young person who is here, and a little boy about eleven years old—it is a private lodging-house.
Prisoner's Defence. This house is a lodging-house where people go in and out at all hours, and are all liable to leave the back-door open. At the time the young women hallooed out, "Police," I was going by, saw a crowd, and happened to be the first one to go in. I am innocent.
JURY to ELIZABETH SYMES. Q. Was it possible that the prisoner could have come in while you were there? A. No; I was at the front-door.
GUILTY .—The prisoner was further charged with having been before convicted of felony at Marylebone Police Court, on the 25th May, 1857, in the name of William Stewart, and sentenced to Six Months imprisonment; to this he PLEADED GUILTY.
MR. SLEIGH conducted the Prosecution.
ALICE HUMPHREY . I am a single lady, living at Spring Cottage, Devonshire-hill, Hampstead—I wanted to let some apartments in my house in the month of March, and on the 9th, between 1 and 2 o'clock in the afternoon, the prisoner came—I did not see him—this watch (produced) is my property—I saw it safe on the morning of the 9th, and missed it immediately after—I heard of somebody having been there—I missed two other watches, and a gold ring—they had all been safe that morning.
SARAH HIDEN . I am in the service of the last witness—on Monday, 9th March, two men came to the house; one of them was the prisoner—they said they came to look for furnished lodgings—the other man carried a black bag—they were about ten minutes looking through the apartments—I had seen this watch safe that day in the room I slept in—I showed them that room, because that was the sleeping room—I had also seen two gold watches in Miss Humphrey's room, and a gold ring—I missed this watch about five minutes' after the prisoner and the other man had inspected the lodgings—I did not observe whether the bag was empty or not—the other man stayed below—I thought he was going to follow me up, but he stayed behind—the prisoner went into my room, and the other went into my mistress's room, where the other two watches were.
Prisoner. Q. Did you see me take the watch? A. It was you that took this watch.
Prisoner. I plead guilty to that.
JOHN GREENY (Policeman, K 454). I took the prisoner into custody on 12th March in the Canal-road, Stepney—took him to Bow police-station, and found this watch in his waistcoat pocket—I also found a ring, which was claimed by some one, but nothing else relating to this charge—he told me he was a gentleman, and was going to give me a card—he said should not like to go with a policeman to the station-house—he said he was a respectable gentleman—I objected to that, and took him.
GUILTY .—The prisoner was further charged with having been before convicted of felony at this Court, on 7th January, 1861, in the name of Schmidt Schotte, and sentenced to two years' imprisonment; to which he PLEADED GUILTY.
Sergeant Tanner stated that there were eight other charges of a similar nature against the prisoner. Six Years' Penal Servitude.
MR. KEMP conducted the Prosecution, MR. LANGFORD the Defence.
NOT GUILTY .
MR. DICKIE conducted the Prosecution.
WILLIAM DEALTRY . I live at Pinner-park—on the 6th March, I was passing near the triumphal arch in King William-street—there was a very large crowd—I heard a slight click, and felt a pull at my watch—I looked down, and saw the prisoner with the end of my watch-chain in his hand—I seized him by the wrist, he struggled to get away, and I saw him pass his hand over
a man's shoulder away from me, but I did not see the watch—I had seen it safe a short time before that—it was worth about ten guineas.
Cross-examined by MR. LANGFORD. Q. Did he take the guard? A. No, it was attached to my waistcoat—I seized the same hand as had the end of the guard in it and I then let go of his wrist, and took hold of his collar—he snatched his hand away from me, and I was obliged to take him by the collar to secure him.
The prisoner's statement before the Magistrate was here read as follows:—"I have nothing to say; I was shoved by the crowd."
GUILTY .†— Confined Nine Months.
MR. ROWDEN conducted the Prosecution.
WILLIAM JAMES RAWLE . I am a Court buckle-maker, at 12, Hemming's-row—I know Edward Tomlinson, printer, of 30, Newgate-street—I owed him 2l. 7s. 6d., which I paid to the prisoner, and he brought me this receipt (produced) from his master.
EDWARD TOMLINSON . I am a printer at 30, Newgate-street—the prisoner was in my employ for about three weeks—it was his duty to receive money, and pay it over to me—on 23d March I gave him this stamped receipt for 2l. 7s. 6d., and directed him to go to the last witness the money should have been paid to me about 3 o'clock the same day; it was not paid that day or since—I have never received that sum, or any part of it.
COURT. Q. Did the prisoner come back? A. Yes; he sent a letter to me the next morning stating that he had lost it, and inclosing a Post-office order for 2s. 3d., what he had not lost—this is the letter; his wife brought it to me—I did not see him again till the following Saturday.
THE COURT considered that there was not sufficient evidence to go to the Jury.
NOT GUILTY .
MR. ROWDEN conducted the Prosecution.
EDWARD TOMLINSON . On 23d March I gave the prisoner 25s. with directions to pay a bill of 10s. to Mr. Philibrown—I gave him that on the same day as the receipt—he did not return to me after that—(The prisoner's letter produced being read, stated that he had lost the money in a public-house where he went for change)—what looks suspicious is that he passed Mr. Philibrown's door, and said he would come back.
Prisoner. But I had a ream of paper to carry, and I should have had to carry it two miles.
NOT GUILTY .
SAMUEL NORTH . I am warehouseman to Messrs. Leaf and others, of Old Change; Messrs. Watkins, of Norton Folgate, are customers of ours—about 12 o'clock, on Monday, 6th April, the prisoner brought this paper to
our place—(read): "Please to send by the bearer, one piece of terry to match pattern. E. Watkins."—there was a pattern with it—I know the prisoner—I had seen him at our place before—I gave him ten yards and a half of velvet, and he took it away.
Prisoner. I was not in your warehouse that day. Witness. I am quite sure he is the person—he was in the employment of Mr. Watkins up to that time.
EDWARD WATKINS . The prisoner was in my employment—this is not my signature to this order, or authorized by me in any way—I did not authorize the prisoner to go and get the piece of velvet mentioned here—for the last few weeks he was only in my employ to open and shut the shutters, and to do odd jobs.
COURT. Q. Is it a good imitation of your signature? A. No; very bad—the prisoner was in my employment on Monday last—he came and shut up my shop then.
Prisoner's Defence. I can be on my oath I never did this.
NOT GUILTY .
MR. ROWDEN conducted the Prosecution.
THOMAS EDWIN FIELD . I live at Shenley, in Hertfordshire—I had a roan mare in my possession—I saw it safe a fortnight ago last Sunday—she was turned out on a bit of green—two days after that I went to a person named Bartlett, and identified the mare—it was not worth much above thirty shillings.
JAMES BARTLETT . I live at South Mimms—on 22d March, I bought a roan mare of the prisoner for 24s. 6d., and a couple of days after, the prosecutor came and identified it as his—the prisoner said he came from St. Alban's, and he called at Mr. Field's and he bid him a sovereign for the mare.
COURT. Q. He came to you on the Sunday, the very day it was seen safe? A. Yes.
GEORGE PAVITT (City-policeman, 227). I apprehended the prisoner in West Smithfield, on 2d April—I told him the charge, and he said, "I did not steal it; I bought it, knowing it was stolen; it was a gipsy that stole it, and gave it to me, and I was to have five shillings for the trouble of selling it."
GUILTY on the Second Count .— Confined Nine Months .
OLD COURT.—Thursday, April 9th, 1863.
PRESENT—Sir JOHN MUSGROVE, Bart., Ald.; Mr. RECORDER; Mr. Ald. WILLIAM LAWRENCE; and Mr. Ald. ALLEN.
Before Mr. Recorder.
HALL PLEADED GUILTY .
MR. F. H. LEWIS conducted the Prosecution.
BOYCE GRANT . I am assistant to Messrs. Marshall and Snelgrove, drapers, in Vere-street—on 3d March, between 4 and 5 in the afternoon, the two prisoners came there—they addressed a person in the shop, and were shown to the silk counter in Vere-street—I was on the opposite side of the shop—
I saw Griffiths take a piece of silk that was lying alongside of him, place it underneath the silks they were looking at, and after a short time put it into what appeared to be the pocket of Hall—I immediately sent for a policeman—I saw two pieces of silk taken from Hall's pocket—there was about 178 yards, worth about 40l.—Hall had bought a piece of silk which she carried in her hand.
Cross-examined by MR. BEST. Q. How far off from the prisoners were you? A. Four or five yards—I was behind them—they were sitting down looking at the silks—a person was serving them—they first looked at one piece, then at another, then selected one, and paid between 3l. and 4l. for it—they were close together; almost touching one another—Griffiths had a stick.
EDWARD WHITE (Police-sergeant, D 16). On 4th March, about 4 o'clock, I was called into the silk department of Messrs. Marshall and Snelgrove—I saw the two prisoners there—I waited about half an hour before I spoke to them—from something I heard in the shop, I looked toward the prisoners, and saw the male prisoner with both his hands in front, his chin on the counter, and poking something in the pocket in front of the female prisoner—it appeared like paper—I only saw a lump of paper—about twenty minutes after that, as they were going out at the door, I put my foot on Hall's dress, the male prisoner having her by the arm looking it some ribbons—I felt the bulk in her pocket, and said, "What have you got here?"—she turned round to me and said, "What has that to do with you; who are you, that I am to tell what I have?"—Griffiths then said, "What is it; what is it?"—I said I was a police-sergeant, and before they left the premises I should see what she had in that pocket, or bag—I walked them both back into the silk department—Griffiths said to Hall, "What is it you have been doing?"—she said, "Why, stealing"—I told her to pull out that which she had got in her dress—she was endeavouring to do so, and she turned round and said she could not do it, I had better do it myself"—Griffiths said, "She asked me to come out to buy her a silk dress; she wanted me to buy it here, and I came here and bought it for her; this is it," producing the parcel which he had under his arm—these two pieces I took from Hall's pocket in front of her dress—it was a kind of double skirt, although it was apparently a single skirted dress, with a pocket in front—the silk was doubled up roughly—while they were at the station Hall said to Griffiths, "Don't be down-hearted, Joe; I have put you into a good shop of work; one that will last you for some time"—I asked Griffiths where he lived—he refused to give his address.
Cross-examined. Q. I suppose he seemed rather astonished when this quantity of silk was produced out of the lady's dress? A. Well, he did look astonished, but it was not the look of a person who knew nothing about it.
Cross-examined. Q. Not before that? A. No; nor since; except at the House of Detention—I merely saw them in the shop—they were nearly the only customers we had that afternoon—we were making alterations, and business was very dull—I noticed them from the manner in which the female descended the stairs—that was not my only reason for knowing them.
MR. LEWIS. Q. Had you reason to recal your recollection, from something that happened that day? A. Yes; from missing a quantity of silk.
GRIFFITHS— GUILTY .— Confined Two Years.
HALL*— Confined Eighteen Months.
Sergeant White stated that the prisoners were known shoplifters, and that Griffiths since his return from America, three years since, had been so engaged, with Hall and other women. Two witnesses deposed to his former good character.
MR. PLATT conducted the Prosecution.
CAROLINE SHEPHERD . I live in Northampton-street, Clerkenwell—the prisoner is my husband—on Saturday, 14th March, he came home quite tipsy—we had words about it, and I smacked his face and pulled his hair—he was eating his supper—he had a knife and fork in his hand—he kept asking me to desist pulling his hair, but I would not; the more he asked me the more I did it—I can solemnly swear that what happened was an accident—the knife went through my arm in the struggle between us—we were in bed—he wanted to tie up the wound, but I was in that boiling temper I would not let him—I called up the landlady.
NOT GUILTY .
MR. DALEY conducted the Prosecution.
William Stephens was called upon his recognizances, but did not appear.
THOMAS PETERS (Policeman, R 65) On 26th February, I received charge of the prisoner from William Stephens, who charged him with stabbing him with a knife in the groin—I told the prisoner the charge—he said he was very sorry, that he did it in the heat of passion, and he wanted the lad Stephens to let him bathe it, and put some strapping upon it—Stephens gave me this knife in the prisoner's presence—he said the prisoner wanted to open the door, that he told him to attend to his own business, and that then he threw the knife at him, and caught him in the groin.
WILLIAM BRETT . I am assistant to Dr. Downing, of Deptford—on 26th February I was called in to see William Stephens—he had a punctured wound, about an inch in extent, on the outer part of the thigh, a little below the left hip—I compared it with this knife—it might have been done with that.
Cross-examined by MR. BEST. Q. Or any other knife, I suppose? A. It corresponded in diameter with this—the wound was not dangerous to life.
The prisoner received a good character.
GUILTY of unlawfully wounding .—Strongly recommended to mercy by the Jury.— Confined Fourteen Days .
MR. GIFFARD conducted the Prosecution.
FRANK TAPLEY . I am the son of Francis Tapley, a fish salesman, of Thames-street—we receive, from time to time, large quantities of salted salmon, which come from America in tierces containing from thirty-five to forty-five salmon—on 2d March, in consequence of certain information that
reached me, I caused a tierce of salmon to be opened in the warehouse, and in the evening after the place was closed and all the men had gone, I went into the warehouse and counted the salmon that remained in the tierce—there were thirty-one—I marked each of them—the prisoners were in our service—they came to the premises on Tuesday morning, 3d March—on that day I went with Hyams to examine some salmon that had been left with Hannah to mind—I there saw three of the salmon that I had previously seen in the tierce—they had the mark on them which I had made—I then went back, and found that three more were gone—Hannah made a statement in my presence—I sent for Simpson, and asked him about the salmon—he said he knew nothing about them—Smith came in just afterwards, and I asked him about them—he looked rather confused, and said he knew nothing at all about them—I told them they had been in the warehouse that morning—they did not deny it—it was part of their business to bring fish in baskets to and from the warehouse.
Cross-examined by MR. LILLEY (for Simpson.) Q. What answer did Simpson give you? A. I can't exactly remember; I think he said he came there with some soles—Simpson was a constant servant of my father's—he always worked for him—he does not pay him weekly wages, only for what he does—he does not work for other persons, only for my father—we employ four or five other men—they would have access to the warehouse—I got there about 9—the market commences about 5.
JOSEPH MITCHELL HYAMS . I carry on business as a smoker of salmon in Middlesex-street, Whitechapel—I have been in the habit of smoking salmon for Mr. Tapley—I know the prisoners—I have smoked salmon for them—on Tuesday, 3d March, I saw them both in Billingsgate-market, not together—I saw Simpson first—he asked me where my young man was, meaning my foreman—I said somewhere in the market—he said, "There are three salmon left for you to smoke at Hannah's"—about half an hour after that I saw Smith, and he paid me 3s. 6d.—he said, "Here is 3s. 6d. for seven salmon that you smoked last week, and there are three more left for you over at Hannah's"—I then went to Mr. Tapley's and saw young Mr. Tapley, and went with him to where Hannah stands—I there saw three salmon in a basket, which Mr. Tapley examined—I went back with him to his shop, and was there when the prisoners came in—Mr. Tapley asked them if they knew anything about these three salmon; they both denied it—Mr. Tapley then asked what had become of the two baskets that he had sent Simpson with from his form to his warehouse—Simpson said they were in the warehouse—they looked, and there was only one; the other contained the three stolen salmon—they both denied stealing the salmon—I said to Smith, "Did not you pay me 3s. 6d. this very morning?"—he said, "Yes"—I said, "What was that for?" he said, "For smoking seven salmon last week"—Mr. Tapley said, "Whose salmon were they; who did you have them smoked for?"—Smith said, "I had them smoked for Simpson"—Simpson said, "I know nothing about it"
Cross-examined by MR. LILLEY. Q. Who has brought you the salmon that you have smoked for Mr. Tapley? A. My man fetches them and delivers them—I have smoked a great many for Mr. Tapley—I never received any through his men, or been paid by the men—I make out my bill every month or six weeks, take it to Mr. Tapley's counting-house, and he pays me—I have known Simpson five or six years—he is what is called a bobber; that is, a man that takes the fish from the salesman to the purchaser—Simpson was only employed by Mr. Tapley.
Cross-examined by MR. DALEY (for Smith). Q. At the time the seven salmon were delivered who brought them? A. They were left by one of the prisoners, at least, they were left in their name—I was not present—I took the 3s. 6d.—I suspected something—I had given some information to Mr. Tapley a week previous.
HANNAH SPELLACY . I am the wife of James Spellacy—I keep a stall in Billingsgate-market, and take care of things for persons who ask me to do so—I know the prisoners—on Tuesday morning, 3d March, three salmon were left with me to take care of; they were left by an old man—I don't know who he was.
Cross-examined by MR. LILLEY. Q. It was neither of the prisoner? A. It was not, indeed.
Simpson received a good character.
NOT GUILTY .
NEW COURT.—Thursday and Friday, April 9th and 10th, 1863.
PRESENT—Mr. Ald. WILLIAM LAWRENCE; Mr. Ald. DAKIN; Mr. Ald. WATERLOW; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant.
MR. DICKIE conducted the Prosecution.
JOHN LEE . I am warehouseman to William Kemp Evans and another, woollen-drapers, of 65, Bishopsgate-street—on 11th March, about haft-past 5 o'clock, I was in the warehouse—I received information, ran out, and saw the prisoner running up Union-street—I overtook him, seized him by the tails of his coat; he fell, and this piece of Shepherd's plaid (produced) fell from him—it is worth 8l.—it is my employers' property—I took him back, and he was given in charge.
WILLIAM DAVIS . I am engaged with Messrs. Evans—about half-past 6 o'clock at night I was behind the counter, and just saw the prisoner's coat turn out at the door—he stood a piece of goods in front of the door, and I could see that it was the prisoner—he walked away with the goods, and I followed him, and told him he had stolen it—Mr. Lee came up and caught hold of him—I said, "You have stolen this piece of goods"—he made no reply, but walked on.
Prisoner's Defence. I picked it up in the road.
GUILTY .—He was further charged with having been before convicted.
ALFRED WHITE (City-policeman, 628). I produce a certificate—(Read: "Central Criminal Court, October, 1860. John James Parsons, convicted of stealing ten yards of cloth. Imprisoned two years.")—I was present—the prisoner is the person—I had him in custody.
GUILTY.*†— Six Years' Penal Servitude.
MR. METCALFE conducted the Prosecution.
know Mr. Laing's place of business in Skinner-street, Snow-hill—he is a surgical-instrument maker—I know Pettit, who was in his employment, and Bruneau and Crochevoix; they were tried and convicted here last session: Pettit of stealing, and the others of receiving, property of Mr. Laing's, (see page 628)—the first meeting I saw between them was on 10th February, when I saw Pettit meet Bruneau in West-street, Smithfield, but I had been watching them since the beginning of January—my attention was first attracted by seeing parcels handed between them near the Metropolitan Railway Station, Victoria-street—I saw something pass from one to the other twice or three times a week—from the beginning of January up to February I saw no other person but Bruneau, but on 10th February Pettit gave him two parcels—I followed Pettit, who went to his own home—next day I saw them both again, at the same time and place, and saw Pettit give Bruneau two parcels—I then followed Bruneau to Wolloms house, 239, Tottenham-court-road—it was a little after 1; about dinner-time—he is a surgical bandage and instrument maker—there is a shop and private door—you turn into a lobby, the door of the house is before you, and the shop door is on the right—before Bruneau entered the passage, he took the parcels from under his coat which I had seen him receive from Pettit—he remained in the passage two or three minutes, and the prisoner came to him from the private door, as I thought—they remained in conversation some few minutes, and I saw the parcels that Bruneau had taken into the passage in the prisoner's hand—Bruneau came out without them, and went away—I watched them again on the following day, and with the assistance of another constable took them into custody—I saw Pettit give Bruneau one parcel—I followed Pettit, and directed the constable to follow Bruneau—I found on Bruneau these articles (produced)—I also took Pettit, and found some articles on him—they were all identified by Mr. Laing—I communicated with Mr. Laing, and went with him to the prisoner's premises on the evening of the 12th—I told the prisoner I had come for two parcels which he had received from a Frenchman the day previous—he said that he had not received any parcels from a Frenchman—I said, "I saw you receive two parcels in the passage of your house—he said, "You must be mistaken"—I told him I was not mistaken, and unless he produced those parcels I should take him into custody and search his place—he said to his wife, "Annie, dear, did you receive some parcels from the Frenchman yesterday?"—she said, "He called yesterday while you were out"—the prisoner said, "Yes, and he called again in the evening, and I bought two parcels of him"—I asked him to produce them—he said, "What did they contain?"—I said, "Never mind; it is Mr. Laing's property, and unless you produce it I shall take you into custody and search your place"—he said, "I cannot produce it; I have mixed it up with other stock; I bought one piece of oil-silk and about eight dozen catheters; I will produce the whole of the oil-silk which I have, and Mr. Laing can see whether any of it belongs to him"—he put some oil-silk on the counter, and Mr. Laing identified these five pieces (produced)—when Mr. Laing identified the light-coloured silk the prisoner said, "That is not your property, Mr. Laing; I have had it in my possession some considerable time—these three pieces of green oil-silk were lying on the counter, and the prisoner said, "It was one of those pieces which I bought of the Frenchman yesterday"—Mr. Laing said, "That is not my property"—I let the green silk remain, and came away with Mr. Laing, taking with me the property which had been identified—I directed the prisoner to bring what he had bought the next day, and told him to attend before the Magistrate with
the green oil-silk and some catheters, about two dozen, which he said was a sample of what he had bought of the Frenchman—he never told me the name of the person of whom he bought them; he said he did not know it, or the address—on the evening of the inquiry at the police-court I went to his house to fetch something, and I saw him and his wife, and I saw Mrs. Pettit come to the door—I took the prisoner into custody after the trial last session, and after taking him to the station, I, accompanied by Mr. Jonas Laing, the prosecutor's brother, went to the prisoner's place to search it, and found all this property (produced), the whole of which was identified; here are 29 trusses, 37 dozen bougies, 39 dozen catheters, 3 dozen urinals, 21 cupping bottles, 24 pairs of cotton surgical stockings, 15 pairs of silk stockings, 2 pieces of green silk, 6 1/2 lbs. of gutta percha tissue, and one piece of silk netting—some were in the workshop up stairs, and some in the shop; the trusses were in the sitting-room—I asked the prisoner on the first occasion what property he had, and he said he had none except the oil-silk and the catheters—I asked what he gave the Frenchman for the oil-silk; I am not certain whether he said 5s. or 6s. the piece—I think Mr. Laing said, "You know that was under the price"—he said to me, "Oh! Laing would sell it himself for 8s. 6d."—I asked if he had made any entry of what he had bought of the Frenchman—he said, "No," he did not enter things which were bought, only those which were sold out.
Cross-examined by MR. GIFFARD. Q. Did you call on the prisoner the first time on 12th February? A. Yes—I asked him at the end of the interview to attend as a witness; he did attend, and was examined on the 13th, and again on the 17th—he attended the trial here on 5th March, and was examined at considerable length—at the conclusion of the trial I took him into custody—I had never told him, from 12th February to 5th March, that there was any charge to be made against him—I was watching Pettit and Bruneau, off and on, for more than a month—when I saw what I have described on 12th February, I was standing on the pavement on the opposite side of the road—the prisoner's shop is some little distance up Tottenham-court-road, on the right as you go up Oxford-street—Hill, another officer, was with me—the first time I gave this conversation in evidence was after I had taken Pettit—I was examined twice against Pettit, not more I think—my impression is that I gave evidence of the conversation with the prisoner when I was giving evidence against Pettit and Crochevoix, but I do not undertake to swear that I did; it may be that the first time I gave it in evidence was on the examination after the 6th of March, when I took the prisoner—I told the prisoner it was between 1 and 2 when the Frenchman brought the parcels, and that I had a witness to prove it—the prisoner's wife was present, either in the shop or standing at the parlour door; I should think she could bear what was going on—I called my witness over; it was Buckrell; he was standing a little distance from me when I was watching with Hill the day before—Buckrell said he could not see who it was that received the parcel, but it was a man—it was not Mrs. Wolloms who received the parcels in the first instance and handed them to her husband—she did not say, "Yes, the Frenchman called here yesterday when you were engaged;" she said, "when you were out"—the prisoner said that he had mixed the contents of the parcels up with other stock, and I saw that these goods were each put into separate drawers, the bougies with bougies, and the oil-silk with oil-silk—it was a regular surgical-instrument maker's shop; the things were arranged in their proper places—I spoke in the first instance—Mr. Laing and the prisoner were quarrelling and abusing
each other all the time they were in the shop—I did not take particular notice what passed between them—I have given you all the conversation I had with the prisoner—the prisoner accused Mr. Laing of buying stolen property; he was very angry—I do not think I have mentioned before today that he said he did not know the Frenchman's name—that was on the 12th February—I don't know why I did not mention it before; I did not think it material—I have been a detective about six years—I named it to Mr. Wontner; I can't say when—I think this was at the time I asked him if he had made any entry in his books—he said nothing about keeping the invoices—I took away about thirty invoices after he was taken into custody—I was in plain clothes on the 12th, as I am now—when I went in I said, "I am a police-constable; I have come for two pieces of oil-silk, or two parcels, that you received from a Frenchman yesterday"—Mr. Laing was present when I said I was a policeman.
MR. METCALFE. Q. When you asked him if he had made any entry, did he offer you any invoices? A. No—I found no invoices affecting these goods among those I took away—the invoices were given up to his solicitor, at Guildhall—I searched through them—I do not produce any—I brought away all I saw—I heard the prisoner examined at Guildhall—I did not see him sign his deposition—there were two examinations, one on 13th and one on 17th, and on 5th March he was examined here (The deposition of the prisoner was put in and read, in which he stated that he had bought a piece of oil-silk of Bruneau for 6s. 6d.)
DAVID LAING . I am a surgical-instrument maker, of Skinner-street, and am a Frenchman—Pettit was in my employment as manager—I have to go backwards and forwards to France in the way of my business, and he had the management of the whole in my absence—I knew the prisoner before these transactions—he has dealt with me, and I have seen him at my place since Pettit has been there—he must have seen him every time he came there almost—I have not seen the prisoner come to my warehouse for twelve or eighteen months, but previous to that he was a customer, and came in contact with Pettit—he knew Pettit very well, and knew the class of goods I dealt in—on the evening Pettit was taken, the detective and I went and asked the prisoner to give up some goods which he had bought of some man a day or two ago—he said he did not know what we meant; so Hann said, "Well, no nonsense, if you do not give me up the parcel I saw you take from Bruneau, I will take you in custody"—he said, "Oh, I have bought some oil-silk and some catheters, but that is all"—there was some oiled-silk lying on the counter, and he said, "That is the oiled silk I have bought"—I did not then know that we had received this green oil-silk, but we had received it a fortnight before—it was made purposely for us—we gave the order in Paris months ago to make a green silk for us, which would sell very well in England—it was made expressly for us, and nobody in the three kingdoms has got any like it; nobody in Europe—it was made to our design—I also identified the other pieces which he did not produce at first; they are the same articles exactly, and the same maker—Bruneau's name was first mentioned either that night or the next morning—the constable first said, "The Frenchman," and then they talked together, and Bruneau's name was mentioned—he said, "I do not know where he lives; I do not know him more than by his coming in like anybody else; I might find his card about, but do not know where to lay my hand upon it"—he said that he never entered these little things in the books—he never showed me any invoices affecting these goods—I identity every article I found at his place
—these red conical bougies were made specially for ourselves, they were delivered to us three or four months before that—I did not sell any of them, I kept them as a reserve, and put a paper on them, "Private, not to be touched"—they were not according to the contract, and I did not wish to take them in—this (produced) is a portion of the paper I placed round them; it has on it, "Not to be touched, private," in my writing—these trusses are my own make; a person named Folleau made them, who was in my place from the beginning of August to the end of November, as a workman, but he hooked it—I have never seen him since—he took away some things, which I spoke to him about, and he went away, and I never saw him till yesterday, when he was in Court with the prisoner—he hooked it in the end of November, leaving word at his lodgings that he would come and settle with me, but I never saw him—I have never sold these trusses—these urinals were made for me within the last year, and have my private mark on them—I have never sold them—this is a list (produced) of the articles I lost—I know these irrigators by their being made in Paris—there is no mark on them—they are worth from 10s. to 12s.—I gave 36s. a gross for these conical bougies, wholesale—they were made for me, and I did not like the colour, or they would have been 5s. 6d. a dozen—I could not sell them now at 4s. 6d. or 5s. 6d. a dozen—I could not get such articles in the market at 12s. a gross—I am the only man who buys from the small makers for ready money; no wholesale makers could sell them under 40s., but at 12s. a gross a man would soon make a fortune—we do not sell this oiled-silk under 12s. a piece wholesale; I do nothing retail scarcely—the cheapest elastic silk stockings which can be bought are 5s. 6d. per pair, and some makers will not make them under 6s. 6d. or 7s.—these cotton ones could not be made under 5s. 6d. or 6s. 6d.—I have missed goods from my stock such as the whole of these—I missed goods before Pettit was taken, but we never could trace it—the total value of the goods found is from 30l. to 35l., and if we had got a search-warrant previously we should have got a great many more.
Cross-examined. Q. How long have you been in this business? A. Five or six years—I swear that—I was not bankrupt two or three years ago in this business, it was for private debts—I was not bankrupt as a crockery merchant—I was arrested for private debts in Birmingham—I do not know that I was adjudicated bankrupt—I attended at Warwick Court—it was two or three years ago—up to that time I had carried on business as a surgical-instrument maker with my brother, at 67, St. Martin's-lane, and Skinner-street—that and toys was the only business—I dealt in jewellery previous to this, in Tavistock-street, Covent-garden—I did not deal in plates, dishes, and china and glass—the jewellery has little ornaments connected with it, ornaments for the table—I was not bankrupt in that business that I know of; I am not certain—the different businesses I have described have been carried on under the name of Laing & Co.—Laing is the name by which I have always gone—my name is Leon David Laing—I never went by the name of Leon—I have dealt with Bruneau, and advanced him money on some priest's ornaments, which he brought to my place—he does not look like a priest, and his appearance would tell you that he is not one—I advanced 20l. on these goods—he did not say that they were worth 80l.—I had them six months and could not get rid of them, and then sold them at a loss—Bruneau was introduced to me by Pettit about eighteen months' or two years ago—I have not seen him except when he brought some stamps to Pettit—I do not think I have seen him a dozen
times with Pettit, I may have five, six, or seven times—he came once and asked if he could speak to Pettit—Pettit asked my leave to go out, and they walked out together—Pettit once brought me some French stamps, and said that he could not get rid of them—I said, "I will give you 19s. for twenty, and then you will not lose by them"—that was the only transaction I had with Bruneau—when I went with the prisoner, I did not see any invoices—I did not claim some teats, I said that they looked very much like mine, but I did not say that they were mine, or I would have taken them—he showed me the invoice for those—I did not ask for any—he brought it to show it to the detective—I do not know that Mr. Wolloms was angry with me for coming to his shop; he was very polite so far, that he said that he was very sorry for what had happened—he might have said that I would buy stolen goods of anybody, if I had the chance, but I did not hear it; if I had, I would have spoken to him on the subject—there has been no quarrel between me and the prisoner—I never saw him on the subject—all I know of him is, he used to go in the country and sell goods at half-price—I remember a journey down to Manchester to a sale; my brother went down; it is three or four years ago—my brother and the prisoner were both bidders at that sale—I do not know of any quarrel there—the prisoner has carried on business as a surgical-instrument maker in Tottenham-court-road about four years, it may be more or less; my brother is here—I accuse Falleau of nothing at present—he left my service at the end of November—I keep books, but not for Falleau's affairs, nor for the reception of stock into my premises; only for goods that are sold out, and for the purchases on credit—I have not got my book here, but my place of business is only two minutes' walk from here—it is a waste-book, which my clerk keeps for his cash—it does not show the price I pay for articles at 2s. or 3s.—I cannot buy trusses of the small dealers—I swear that Falleau has not come and offered trusses of this description since he has left me—I never knew that he worked for the prisoner as well as for me—there is no manufacture of any kind carried on on my premises now; there was fifteen or eighteen mouths ago—we manufacture abroad; but I do not wish to open all my business to the Court and learn it to everybody—my brother sometimes makes a few of these urinals in Paris; his place is 12, Rue de le Cliquet—they are not very common—I have no private mark on them—they came from a house in Paris, and my brother may have made them himself—he makes some, and I buy some similar from another maker in Paris—I could prove all these things if the maker was here—the red bougies and the urinal with the private mark are the only things I can speak to positively, but there are plenty of people here who can speak to the other things—the private mark is R H; that is written by my brother, who is here—nobody else has got this green oiled-silk, and we missed it all at once—a man in Paris makes it exclusively for me, and this yellow silk also.
COURT. Q. Do you positively identify that? A. No; but I do the trusses; they are what the man made on my premises—if Falleau had made one before he came into my service that would not present the same appearance—I gave him a pattern of my own to make four different trusses—if he has made any since he left me, I cannot swear to them; it is only by their being his make, and by my missing them, that I know them—Hann came to my brother and said that he had taken one of our men in custody—I had often said to the man who is convicted, "I cannot make out what becomes of the bougies and catheters, we do not sell many"—I had not made any
application to the police—I have no stock-book, but I easily miss things when they are made for me—I have a book which I can compare with my invoices—I have not taken the trouble to compare them, but I have cast it up in a rough way—I have had no notice to produce my books; besides, I do not think it is fair—I have not been informed that I was to produce them.
MR. METCALFE. Q. Who introduced Bruneau to you? A. Pettit, in whom, at that time, I had every confidence—Pettit persuaded me to advance 20l. on the Priest's ornaments, so as to be able to get him on in business—I said, "I will have nothing to do with the goods, it is not my business; all I will do is to advance you the 20l. on condition that you take them away in a week—he did not take them away, and I sent them to Dublin; they came back, and I had to sell them at a loss—I should be very sorry to have such people about me as Bruneau—I can ascertain my stock if I please for three years—the prisoner used to be a regular customer every week; but for twelve or eighteen months I have had no dealings with him—I have not quarrelled with him at all—I said nothing to him till I went to his shop with the constable; we did not meet—I do not remember saying anything about buying stolen goods—I might say, "That is the way to get on," because he has got on wonderfully these two years, his position is a great deal altered—he has dealt in surgical instruments four or five years—he was a tailor before that—by a small maker I mean, a man with a regular shop, not a man who travels about—I only told Falleau I had missed two handsome irrigators which I had sent up to the workshop—he said he had not got them—I said, "You had better look, and I must have them to-morrow"—they were found the next morning—I complained, and he went away.
FREDERICK SUMMERS . I was apprenticed to the prisoner, and worked at his shop—I went to him first on 1st September, I believe it was 1860, to learn the trade of a surgical-instrument maker—the prisoner had a work-shop, but he did not teach me to make articles there, though there was work going on—he discharged all the workmen except his own brother at Christmas, 1860—I very often saw Bruneau there—I have identified him in Holloway Prison—the first time I saw him at the prisoner's shop was twelve or fourteen months ago—the first goods that I saw him bring were some elastic stockings—the prisoner bought them of him, but did not ask his name or address—I do not remember how much he gave for them—after that, he came very frequently—at the beginning of this year he sometimes came twice a day, and sometimes only two or three times a week—he always brought goods with him; elastic stockings, knee-caps, anklets, catheters, bougies, and French urinals—he generally came in the afternoon, but sometimes in the evening—I have seen him bring yellow silk like this—this continued till his arrest—I did not know his name till I saw it in the paper—he always passed at the shop as The Frenchman—when he brought the things, either Mr. or Mrs. Wolloms received them, and I have seen them paid for—12s. a gross was paid for bougies—I should think the least that the same kind of bougies could be got for would be 30s. a gross—I have seen the prisoner give 2s. and 2s. 6d. a pair for cotton elastic stockings, and silk 3s. or 3s. 6d.—I saw these red bougies lying on the desk or table in the shop-parlour—the Frenchman had been there half an hour before, but I was ordered out of the shop when he came in—that was about six weeks before the men were taken—I was sent up stairs when he walked in, and was up stairs for twenty minutes—when I came down he was gone, and the bougies
were lying there; I had not seen them before he came—I was frequently present when he first came—I was first sent out about two weeks before the men were taken; that was the first time that I noticed it, and after that I was generally sent out—for a month previous to the arrest I was always sent out when the Frenchman came—I had a pocket-book, in which I made memorandums of the goods bought of Bruneau a week previous to 31st January—I remember writing in my pocket-book one evening when my mistress was there, and I went out and left the book on the kitchen table—I found it still lying there when I returned; but after I had been in bed some time I heard my bedroom door open, and saw the prisoner walk in; he came to the side of the bed where my clothes were lying, took my trousers and went outside the room-door, which he pulled to after him, I then heard him tearing over the leaves of a book, and afterwards tearing up paper—he then brought my trousers back and placed them where he took them from; that was on 31st January—on examining my pocket-book, I found that the leaf containing the memorandums about the goods bought of Bruneau was torn out—I had not been writing in the pocket-book; I took it out to take out a pencil, and that leaf was there then—I had made six entries in it, one for every day in the week, from Monday to Saturday—I remember there were bougies put down, and oiled-silk, with 6s. put to it—I believe that was for two pieces of this green; but I will not be certain whether it was two pieces or one piece—this (produced) is the pocket-book—here is where the leaf was torn out, the last leaf—I gave this piece of paper (produced) to the officer—I tore it from the wrapper of a gross of bougies which the prisoner bought of Bruneau for 12s., five or six weeks before the men were taken; it is still in the same state, except that it is a little torn—I saw that there was writing on it, that caused me to tear it off—during the first twelve or eighteen months after I went there, Falleau used to come very often, but for eighteen months previous to November we had not seen him—he used also to bring goods—the last time he was there he brought two enemas, a parcel of trusses, a quantity of silk webbing, and some buckles—I have seen a person named Gregory there—Mrs. Wolloms gave 10s. for three enemas—Mr. Wolloms was in the country.
Cross-examined. Q. Will you swear it was not 10s. each? A. It was not—this was on 31st January; I took notice of the date and remember it—I did not put it down in my pocket-book, but Mr. Wolloms might pay me another visit, and then he would see it, and that would make it serious—this "January 31st" in my pocket-book may refer to it—he would not know what that was, but if I put down "Mr. Wolloms tore a leaf out of my pocket-book," he would know what it was—I do not exactly remember what this "February 4th" is—I believe I put down this "January 31st" on the next day—I ran away from my articles twelve months ago last January—I went and begged to be taken back again, and promised to behave well and be obedient—he forgave me and took me back—he complained of my being with a boy named Hunter—Hunter was taken in custody in my presence for stealing one silver catheter, and two pocket knives—he did not say that I gave him the catheter, nor did I say, "What a fool you are for making up two different stories"—he first said that he found it in the dust hole, and afterwards that he bought it of a student at King's College Hospital—I said, "Why do not you tell the truth, you will not be believed now you have told two stories?"—I was not in custody for stealing the catheter and two knives—the prisoner endeavoured to charge me, but the policeman would not take the charge—Hunter said that I gave him the catheter and one of the knives,
and then the prisoner endeavoured to charge me with it—this was Saturday night, and he told the inspector to lock me up till Monday, but the inspector would not—Hunter said this directly he was charged in the shop parlour—I did not say that Hunter did not charge me with giving it to him; you asked me if he said that I gave him the catheter—Hunter admitted selling a silver catheter to a silversmith in Holborn, but until then I knew nothing about it—it was immediately after Hunter accused me of this—I was prevented being in the shop by myself—the principal part of the stock was kept in the shop—I lived with the prisoner till he was taken in custody, and on the day that he was first brought up at Guildhall, I was fetched away by a policeman named White—I have been living with the officer Hann ever since—I have two or three uncles alive, they did not refuse to have anything to do with me after Hunter was taken—I was with my uncle last night at his house in Bloomsbury square—the uncle who had previously supplied me with clothes, has not since refused to have anything to say to me—he has supplied me from that time, and did so last week, at least his wife has by his direction—I have not applied to the prisoner since that for clothes, on the ground that my uncle will no longer supply me—the prisoner gave me one pair of boots at Christmas—I wrote these things in my pocket-book, because the prisoner bought them so cheap of Bruneau, that I felt convinced they must be stolen or not paid for—I believe there were six memorandums in the book—they were all on one page—to the best of my recollection, I did not tear any leaf out of my pocket-book—the first time I communicated with the police was on 1st March, I think—I should not like to swear that I did not tear out a leaf for the purpose of a memorandum—I only miss one leaf, and that is the last—I believe one side of it was red, like the colour of the book—the memorandums I made were only one side, but I cannot swear that it was not white on both sides, or it might have been marble on one side.
MR. METCALFE. Q. Are you sure you did not tear out that leaf on which the memorandums were? A. I am certain—my father was a solicitor—60l. premium was paid with me as an apprentice—I went away last January twelvemonth, in consequence of the prisoner's constant ill-treatment towards me nearly ever since I have been with him—I was away a fortnight—Hunter told the prisoner that I gave him the knife, and the prisoner put his hand in Hunter's pocket, and it had got his name on it—he said, "Where did you get this knife from?"—Hunter said, "Fred gave it me"—I was not present then, but he called me in and asked me—I said, "No;" and then he asked me about a catheter which he had found in the dust hole—I said, "I did not know that you kept catheters in the dust hole"—I did not give evidence against Hunter on the trial; I did at the police-court—he pleaded guilty, and I remained in the prosecutor's service till he was taken—I swear I did not give Hunter the knife—I had access to property after that time—there is not the least truth in the suggestion that my uncle has discarded me—this is the first time I have heard of it.
WILLIAM HURLSTONE . I am a surgical-instrument maker of Vine-street, Waterloo-road—Mr. Laing deals with me—these bougies are my make—I supplied them to him—I never made but one lot—I supplied the whole of that lot to him according to his order—I do not think such things can be found in the trade at all—I sold them to him at 36s. a gross—some of these catheters are made by me, but who I sold them to I can't say.
Cross-examined by MR. GIFFARD. Q. I believe the quantity of red bougies you supplied was very large? A. 109 dozen—I was brought up to
the trade—I have done some business with the prisoner; he has been seven years in Tottenham-court-road or thereabout—I do not remember him before that in Mortimer-street—I remember him with Mr. Cox eight or nine years ago—he had men working for him; one of my men worked for him—these articles are not perishable if kept long, not if properly made, but there is a common article which will crack; the older these are the better they are—the india-rubber goods are injured by age, but these are elastic gum—the native rubber is not perishable; it is if it is vulcanised—the cheapest bougies and catheters are 3s. a dozen—I dealt with the prisoner both in December and November last.
MR. METCALFE. Q. Should you expect to meet with catheters or bougies at 12s. a gross? A. No; or else I should leave off manufacturing, and be glad to buy at that price—the material alone would cost more—none of these enemas belong to me—I could not get three of them for 10s. honestly.
SAMUEL JOSEPH GREGORY . I live at 1, Gloucester-buildings, Whitecross-street, and am a surgical-instrument maker—I have been in the habit of going to Wollom's shop—I worked for him about two and a half years ago, on his premises—he continued manufacturing for about three months afterwards, and then gave it up altogether, on his premises—he did not manufacture elsewhere that I am aware of—I have been in the habit of going there since that time—I remember seeing these red bougies—I first saw them in the shop—he told me he bought them for 12s., a gross—I told him that nobody could make them for that—he asked me if I made anything like them—I said that I made conical bougies, but a different sort to these—I was once in his room at the back of the shop, and he showed me catheters and boogies which he bought at 15s. a gross, and asked me if I knew who made them—I said, "Yes; I made these"—he said, "Who did you make them for"—I said, "For Mr. Laing"—he said, "Well, I bought them at 15s. a gross, and I would buy 100 gross of the man that brought them, if he would supply them"—I asked him who he bought them of; he would not tell me—I asked if they came from Mr. Laing's, and he would not tell me—at another time he showed me a gross of catheters, that he had bought for 16s.; that was when I was finishing some work for him up stairs—I told him that nobody could get them honestly—he said, "The man that sold them to me can get a better coat than you"—that was after 21st June—I was then numbering some work—the other conversation was not very long ago—the conversation about the red bougies was soon alter last Christmas—the catheters I saw on the table were made by me for Mr. Laing—I never saw any silk netting—I chiefly manufacture catheters and bougies.
Cross-examined. Q. When were you applied to to be a witness? A. Soon after the Frenchman's trial at this Court, the same evening—I was asked about it before, but I was then first asked to be a witness; it was Mr. Laing who asked me about it—I have sold the prisoner catheters, but not many of the regular sort—he bought things that are not used in London, what they call probe-pointed ones—I have purchased some eleven dozen of him for 11s.—that was soon after June—I put them down in this book (produced) when I took them home—they were not made by me originally—they were three parts made, and I rubbed them and finished them off—the prisoner gave them to me to finish for him—he found the mounts and the wire, I only did the labour—they were ready for the second rubbing when he gave them to me—they were ready for varnishing except the second coats.
MR. METCALFE. Q. You charge 11s. a gross for varnishing them? A
No, 11s. for eleven dozen, that is 12s. a gross; the only material I found was a little drop of varnish.
WILLIAM HENRY CHAPMAN . I am a surgical-instrument maker, of 13, Catherine street, Islington—I supply Mr. Laing with catheters and bougies—I have never supplied any to the prisoner—I see here fourteen bundles of catheters of my make—it in impossible in any state of the trade to get catheters or bougies anywhere at 12s. a gross—fourteen bundles contain three or four gross—the material would cost more.
Cross-examined by MR. KEMP. Q. Are you a working man? A. I make myself; I employ men—these came from my warehouse; I identify them by the workmanship—we can always tell our own work—the principal part of these are made by myself—I set them up and my men rub them down—I supply four or five other persons besides Mr. Laing, but I never supplied the prisoner with any goods of this kind—my father is in the same way of business; I sometimes work for him—he supplied goods to the prisoner, but very few, and my brother also—I do not work for my brother—I keep three workmen and two boys constantly in my employment on my promises—my trade is of rather of an exceptional character—I have always orders—my customers are always ready to buy any of these goods—I have been in the trade ever since I was ten years of age—the things are not sold at Debenham and Store's sales—I do not know of their getting into pawn-brokers' hands; I have never seen a pawnbroker in Farringdon-street who deals in surgical instruments—there are four or five masters in the trade who manufacture these things—I never had them offered to me under cost price, or at any price—I have known the prisoner for a long time.
FRANCIS THOMAS MITCHELL . I am a surgical-instrument maker, of 4, South-street, New North-road—the india-rubber branch is my branch—these urinals are my make; I supplied them to Mr. Laing on 3rd December—I have not supplied any to any one else covered with this same material—I never saw the prisoner till he was at Guildhall—one of these urinals has Mr. Laing's private mark on it.
Cross-examined by MR. KEMP. Q. What is there particular about this urinal? A. I can recognize the buckle as mine, and the make in general, and I have a piece of the same material that it is covered with—of course this material can be purchased at the shops, but I recognize it also because the top is a little charred in the chemical preparation—I also recognize it as one of three which I made for him—there may be others that are a little bit charred, but not with the same buckle on them—I supply various houses.
The following witnesses were called for the Defence:—
ABRAHAM SAXTON . I am an elastic stocking-manufacturer about eight miles from Nottingham, in partnership with my father—we have supplied the prisoner with elastic stockings, and goods of that description—I have known him for seven months—these cotton stockings (produced) are our manufacture, and these silk ones also—we supplied them, or goods similar to them, to the prisoner on 16th December—this is his order—I do not know Mr. Laing.
Cross-examined by MR. METCALFE. Q. Is this name in your book intended for "Wolloms"? A. Yes, but it is "H." instead of "W." I believe—we charged 6s. 10d. a pair for the silk stockings, and 4s. 3d. a pair for two dozen thread—we supplied two dozen thread and four dozen silk, which came to 16l. 4s.—7s. was the price at which we, as the makers, sent them to him—we supply a good many other persons in London and elsewhere—we
have supplied other houses in London, but with a different kind and make—we have supplied other people with the same class of goods.
MR. GIFFARD. Q. How long ago did you supply the same kind of goods to anybody else? A. We supplied them to 3, Cannon-street, but that was two years since—we have sent the same class of goods to 228, Piccadilly, but they were made to order—they were the same make, but different in the length—I can Bay that these are not the same which we sent there—I never supplied anyone in London with goods exactly like these except those to 3, Cannon-street—the biggest part of what we sent to Mr. Wolloms were made within the last nine months—I can't tell how recently the fabric was made, but not ten years ago, or it would be considerably darker—this invoice is my writing—we merely sent them a samples; we did not know whether he would keep them or not—we allowed twenty per cent discount off what we supplied—it was the prisoner whom we supplied in December last, whether this name in the book is "H" or "W."
SARAH CLEMENTS . I have known the prisoner for the last seven years—my husband, who is dead, used to make arm-slings, and various other things for him—these five arm-slings are my husband's work, but I cannot swear to the others; they were made four or five years ago—within the last four years he has made them a different shape, with more upright elbows—he had a workshop at home, at Haggerstone, when I first knew him—sometimes he had them ordered, and sometimes, if there was nothing to do, we made them up on chance, and used to take them to the various instrument makers and sell them, but principally be made them up for Mr. Wolloms—he took some to Bailey's, in Tottenham-court-road, and to Coxeter's, of University College Hospital, sometimes half a dozen at a time—we do not get so much for goods on hand as for goods ordered, not above half—we never had any dealings with Mr. Laing—I have sold these slings for 4s. 6d. and 3s. 6d. a piece when we have been hard pressed—the material would cost nearly that, but we have been glad to sell them to give us money for other things—that is very common in the trade.
Cross-examined. Q. You sold them to Mr. Wolloms cheaply besides other people? A. Yes; he knew where we lived—he knew my husband name.
HENRY NICHOLLS . I am employed in the Gutta Percha Company's works, City-road—I know the prisoner—he has been supplied with goods from there during the last three years, with goods of this description, such as this gutta-percha tissue—that is different from oiled-silk—the Government use a great quantity of it—I can't say whether it is frequently sold at less than the cost price—it is a perishable article.
Cross-examined. Q. Do you supply other people besides the prisoner? A. Yes.
MR. GIFFARD. Q. Do you supply Mr. Laing? A. I do not know; I am not interested in supplying the customers—I am foreman of one department; I assist in the manufacture—it is impossible for anyone to say whether this was or was not manufactured on the premises, but articles of this description have been supplied to the prisoner.
JEREMIAH SULLIVAN . I am a manufacturer of these things—they are called French letters—they are supplied to medical men, and they are also sent abroad—they are my workmanship—I supplied similar goods to the prisoner, but not within the last twelve months, or more than that.
Cross-examined. Q. Just look at this paper (produced) and see if it is
the prisoner's writing? A. Yes; I cannot now say whether I adhere to what I said before, that I have not sold him any in the last twelve months—this is dated November 28th, 1862—I did supply him with some on that date, but not since—I supplied one gross then—I was paid for them at the time.
MR. METCALFE. Q. Do you supply Mr. Laing also? A. Yes, every week.
ELLEN OXFORD . I have known the prisoner for the last seven years—I have been his shop assistant for three years—I was then away for a little time, and then for two years—I know Falleau; he was employed by the prisoner to bring articles from Paris; be went there three or four times a year—he has also worked for the prisoner—he has brought over enemies and oiled-silk exactly like this, orange and yellow; he brought some on 4th November—that was the last occasion—he brought three or four pieces at a time—the first time he brought any was five years ago; it was the same sort, and he has brought some from time to time since—he has made trusses for the prisoner—this one (looking at one) is his make—the last he made for the prisoner was about 16th December last; he then made about a dozen and a half—these enemas or irrigators were purchased from Falleau about 24th September—I remember this being paid for by Mrs. Wolloms; she paid 4l. for these and some trusses—about 10s. each was paid for three of them—a woman brought this marked urinal into the shop and offered it for sale to the prisoner—she said she was a nurse, that it had been purchased for a gentleman who she nursed, who had died, and the lady gave it to her amongst other things; that it was perfectly useless to her, and if Mr. Wolloms would give her 3s. or 4s. she would be perfectly satisfied—he gave her 3s. for it; she said she had often bought things at his shop for persons where she was nursing, and he said, "Yes, I have seen you before"—she was respectably dressed—she left her address, but I forget it—it was on 21st February—the things were not taken away from Mr. Wolloms, shop till 6th March, I think—the prisoner has bought of Myer, and Seckel, and Barroughcliff—these arm-slings have been in Mr. Wolloms' stock for these five years; he got them from Mr. Clements and from Falleau; I can't say how many from each—they have been in the habit of making them; I can't say which of them made them—I first saw Bruneau at the shop about August last—he brought some elastic stockings; he said he was a traveller on commission—I have not seen him more than eight or nine times in all—I have been constantly in the shop for the last six months; it would not have been possible for Bruneau to have been there twice a week without my knowing it—I did not know him by the name of Bruneau; we always called him "The Frenchman"—the prisoner has discontinued manufacturing for three years, because he could not be always looking after the men; he had five or six men to look after—I remember Gregory being asked by the prisoner if he could say who did some work, and he said that Laing had sent to him to see if he could swear to his own work, and that no man could do so unless he had his own private mark on it—I remember some red conical bougies being bought about the 14th or 15th December, of Falleau, and some elastic stockings from Mr. Saxton, of Nottingham, in November or December; I unpacked the parcels—these are some that came—I brought this one (produced) to identify the others by—I had this out of the box where they took these from—these are the stockings I received from Messrs. Saxton—I also believe those red bougies to be the same—I have lived in the house with the boy Summers for six months, but I have been away a year and a half—I was
there three years without going away, and then I went away for a little time, and came back six months ago, on 30th September—there was an interval between my leaving and my going back, July and August—I was there in the day-time, but went home at night—from what I know of the boy Summers, I would not believe him on his oath.
Cross-examined. Q. You say you have been there nearly four years? A. More than four years; I was there three years, I was then away for three months after Mr. Wolloms was married, and then I came back a little time afterwards as housekeeper and shop-assistant—I lived there—I did not have the misfortune to have a child while I was there—I have had a child—Mr. Wolloms was not the father of it—it was about nine years ago—there were lodgers in Mr. Wolloms' house nearly all the time I was there, and his sisters were there generally, one or the other—I believe these red bougies to be what he bought of Falleau about 14th December—Summers never said to me, "Are those what the Frenchman brought?" nor did say, "They are Harlstone's make, and we have given 12s. for them"—the two trusses were bought with them, and the catheters, for 1l. 3s.—the Frenchman once sold Mr. Wolloms a dozen suspenders for 5s.—he used to come and ask if Mr. Wolloms wanted anything—I have not seen anything bought of him, but he has brought elastic silk stockings several times to show Mr. Wolloms—I have heard Mr. Wolloms say that he has bought both bougies and catheters of him, but not what he gave for them—I never saw him bring an enema—I know that the arm slings were on the premises five years, because there are none made like them now—I went there in 1856 and left in 1859—Fulleau did not work on the premises, but I have seen plenty of his work, and can swear to it—the three enemas and about a dozen and a half of trusses were bought of Falleau for 4l. on 24th September—I do not know that at that time Falleau was not in Mr. Laing's employ—I have heard him say that he worked for Mr. Laing—that was not at the time be brought the enemas, but when he brought some goods—he said to Mr. Wolloms that he had done working for Laing—I never heard him say that he was working for Laing altogether, but that he had been making things to order for Laing—I saw Falleau here yesterday, but cannot say whether he is here to-day—Braneau said that he was a traveller on commission, and asked Mr. Wolloms to give him things to sell on commission—he used to go over to Paris—I never heard his name, but Mr. Wolloms asked it when he first came—I cannot say whether he gave it.
MR. GIFFARD. Q. When Bruneau brought the patent stockings, did Mr. Wolloms buy them? A. No; he was out of town—I never saw Bruneau give a card to Mr. Wolloms.
HARRIET KINGDON . I have been in the prisoner's service about eight months—Summers was also in his employment—I recollect, about 11th February, going from the kitchen to tell the prisoner that dinner was ready—I spoke to Mrs. Wolloms, and while doing so a man came to the private door—Mrs. Wolloms spoke to him, as Mr. Wolloms was in the shop serving a gentleman—she took a parcel of the man at the door, who was a big ugly Frenchman—I have since pointed out the same man in Holloway prison—I heard Mrs. Wolloms say that master was engaged, and I think she said that he might call again—I heard the Frenchman speak, but do not know what He said—he went away, he had nothing with him then—Mr. Wolloms did not go out to him—I do not remember the date, but it was two or three days before my master went to Guildhall Police-court—Summers sometimes
spent his time in the kitchen—he sometimes came down there of an evening—from what I have seen of Summers I would not believe him on his oath.
Cross-examined. Q. Has he told tales of you? A. I never knew him to do so—he was a very bad lad to his master and mistress—he did not run away while I was there—he said to me one morning, "Did you hear Mr. Wolloms come into my room on Saturday night?"—I said, "No"—this was during the week—he said nothing to me about his pocket-book, but I heard him say that the master went in and took his pocket-book—I did not tell him that I saw my master looking into it—I did not see my mistress looking into it or at it—there is a door leading to the shop, and another which comes into the house—I do not know which door the Frenchman rapped at, but I saw my mistress at the private door, the door leading into the house—I could see into the shop from where I was—there is a door leading out of the passage into the shop, and I saw my master behind the counter through that door.
Cross-examined. Q. Just tell us in what respect Summers was a bad boy? A. He was very saucy, and I have had reasons to doubt his truthfulness many times—I have heard him say when he was angry that he would "make it out" to his master—I was there when Hunter was taken in custody—I laid the supper on 31st January; the boy was then writing on the table—I remember his going out of the room—I did not see his pocket-book there; if he had left it on the table I should have seen it—I sleep at the top of the house—there is only a wooden partition, painted boards, between my room and Summers, and the doors are close together—I did not hear my master go into the boy's room on that Saturday night—I think I should have heard him if he had—Summers went to bed an hour or an hour and a half before me—I think my master was then down stairs, but I cannot say.
COURT. Q. Do you know when your master went to bed that night? A. I do not; his bedroom is on the first floor, and mine is on the third—there is one story between—the kitchen is in the basement underground.
WILLIAM RUSSELL . I am a surgical-bandage maker, of 58, Portmansquare, and have been in business about twelve years—job lots are sometimes sold, and sometimes persons sacrifice when they are in want of money—that is common in my trade—I once bought articles under those circumstances from Messrs. Laing themselves; some India-rubber pads for 5s. the lot, which consisted of upwards of thirty, besides a few infants umbilical bands—I had bought such pads the June before at 8s. per dozen—if I had ordered the articles they could not have made them for me for less than 25s. or 30s.—I do not think that was an uncommon transaction—Mr. Jonas Laing said of one article in the lot, that it would cost 5s. if he had to make it—the others were smaller, and could be made for about 12s. a dozen.
Cross-examined. Q. You say that one of them would cost 5s., was 5s. for the thirty very much indeed under the price? A. Yes—the India-rubber was good—it was a very great bargain—I bought them of Mr. Jonas Laing—this gentleman was not present, but he will prove offering me the same lot for 10s. when it was larger—the pads were not rotten, nor did Mr. Laing say so when he offered them to me.
FREDERICK WALTERS . I am a surgical-instrument maker, of Moorgatestreet, and have been in business twenty years—it now and then happens in my trade that goods are bought much under the cost price, but not frequently in my experience—I have sold goods to the prisoner—I had three transactions with him for goods which I bought secondhand at public sales—they had been used—I did not sell him any which had not been used—I sold him
some splints at 10s. each, by dozens; they had been in use; they were rusty, which is the best proof I can have, but I had them re-japanned before I sold them—the cost of them new would be 3s. to 2l. each.
Cross-examined. Q. Do you think new bougies could be fairly obtained in the market at 12s. a gross? A. No; nor anywhere else.
WILLIAM LARK . I am a surgical instrument maker and pawnbroker in the Strand—I sometimes attend Messrs, Debenhams' sales—I have seen the prisoner there purchasing goods in the way of his trade—I have known catheters and bougies bought at those sales at 11s. or 12s. per gross, which is below their price when first made—the gross selling price in such cases is one third or one half of the cost price.
Cross-examined. Q. You do not mean to say that you, as a maker, would sell your goods there at less than cost price? A. Not unless they are deteriorated or become perished—many dealers are obliged to sell their goods—I have purchased a lot of catheters, which were not damaged—I cannot tell you whose make they were—I dare say it was three months ago—they were quite new, and to the best of my belief they are not damaged at all—I know that they get bad by keeping—I have bought three or four lots of catheters, perfectly new, at Debenhams', at 11s. or 12s., but I cannot enumerate them now among the various transactions I have had there, extending over four or five months—I told you of one lot, but I cannot recollect the whole of those—the Jury may not take it that goods sent to Debenham and Storr's are either deteriorated or secondhand; more often the reverse; depression of business sends them there more than anything; they are generally sent for the object of making money—I have seen catheters like these red ones before, but they are what I should not purchase; I never saw a lot so common, I would not buy them at any price, I think they would fetch a mere nothing—the latter part of yesterday afternoon I was in Court, and heard the latter part on the evidence—the witnesses were not ordered out while I was here—I was sent for at half-past three.
JOHN WOLLOMS . I am the prisoner's brother, and was a workman in his employ at the same time as Gregory and Smith—I was sometimes engaged in making catheters and bougies—that is nearly two years ago—I recognize these No. 12 as my make—they are my marking—I have the stamp in my pocket, and the ends are peculiar—they were too long, and I had to rub the ends off with sand-paper and black them—I also know that I cut these eyes—I recognize a gross as my make, and also some which my son made—I recognize this other lot of catheters as being made on the prisoner's premises, because there was such a bother about the eyes being out so far from the end—I recognize both these bundles.
Cross-examined. Do I understand you to speak to both these bundles, or only one? A. To one in particular; not the small bundle—Gregory. and Smith made them for my brother—I was not present at the police-court when my brother was examined—I did not know anything about it till last Tuesday—I do not know that my brother produced this very bundle as one of the bundles he bought of Bruneau—I have not seen these since they were made—I remember Gregory making them very well, because the eyes were cut so far from the ends.
MR. GIFFARD. Q. I believe you have not been on good terms with your brother for some time? A. No.
(I do not know Bruneau)—the man used to come there dressed up in black—he was not so very big, he was a fair-sized man; he was a little tall and dark—I remember his coming to my brother's shop in December last he bought some india-rubber things—I did not know what they were for at the time, but I ascertained afterwards that they were urinals—Mrs. Wolloms bought them—I think there were half a dozen—these are them.
COURT. Q. Did you examine them? A. Yes; I did not know what they were for, and after the gentleman was gone I blowed them full of wind, and played with them—I do not swear that these are the identical ones which Mrs. Wolloms bought, because I do not know one from another—I should say there were five or six, I did not take particular notice—two sovereigns was paid for them, or a shilling or two more—I know that, because I lent Mrs. Wolloms two sovereigns out of my purse to pay for them, and she paid me the following day.
Cross-examined. Q. Were there more than six? A. I cannot say; there might be only four—there were not a dozen—I did not buy them, or I would have counted them—I did not notice this white one among them—this is not the one I blew, it was a softer one—I have not seen the gentleman who bought them lately—I went away from London seven or eight days before Christmas.
COURT. Q. Did you happen by chance to be in your brother's shop? A. No; I was out of a situation, and was waiting at my brother's while he was out of town—it was in December, between 5 and 6 in the evening—I would not say to half-an-hour—I know I had just had my tea.
WILLIAM SYKES . I am agent to Messrs Townsend—they deal in worsted yarns, which are used to cover india-rubber tubing—I have known the prisoner seven yearn, and have supplied him with goods—I have sold him cheap lots of yarn which was out of date; change of fashion having reduced its value—I have sold him yarn at 2s. 8d. which was made at 3s. 4d.
JOHN NEWLING . I am a truss and surgical-bandage maker, of 37, Upper Berkeley-street, Port man-square—I have been engaged in that business ten years—I know Bruneau—he called on me prior to July last, and offered me a few pair of elastic stockings for sale, silk and cotton mixed—I refused to take them, and recommended him to go to Mr. Russell—he called on me a little time afterwards, and offered me similar goods—I then sent him to Wolloms, whose address I wrote down for him—some short time after that I saw the prisoner—the first time I went, I asked Mrs. Wolloms whether there had been a foreigner trying to sell some elastic stockings and web; and I also asked the prisoner a week or two afterwards, and he asked me if I knew where he got the goods from, and what he was—I said that I thought he was an agent, doing business very much as Myers and Seckle did, eight or nine years ago, when they commenced business—I do not remember saying that he was a respectable man—in my business the purchase of job lots is very common—if a man requires money we frequently buy goods at less than half their value; more especially on a Saturday people come and offer you goods at half-price—the large majority of them are working men—I have seen catheters purchased as low as 12s. or 13s. a gross.
Cross-examined. Q. What were the stockings offered to you at? A. A guinea—I cannot remember how many there were—they were cotton and silk together—I have bought of him on two occasions—I reckoned in my own mind the silk stockings at 3s. 6d. a pair, and the cotton at 2s. 6d.—they were perfectly new, but looked as if they had been handled—they were
in a parcel—he also offered me a quantity of shirt-studs and fancy buttons, and some elastic web—I bought elastic stockings of him on two occasions—that was after I had sent him to the prisoner—I gave him 3s. or 3s. 6d. a pair for the silk, and 2s. 6d. for cotton—I sent him to the Mr. Russell, who has been called to-day—these stockings are not the same man's make as those I bought, but they are the same description—some of these have been much handled—these would about represent the quality—many of the makers are working men who make bougies, and catheters, and common bandages, but not goods of this kind—I inquired of the Frenchman his name and address—he said, "I have not got a card with me, but I shall be round again in a week or two;" but when he came round again, I did not ask him again.
MR. GIFFARD. Q. When elastic stockings have been in stock some time, do they begin to lose their value? A. Yes; I have had some go in nine months, and some not for three years—the indian-rubber such as is used here, would go very much sooner than that in better class goods—it depends on how they are kept—the best will go in three years.
—BENSON. I am a gutta-percha and india-rubber dealer—it is common in the trade to have job lots—they are sometimes 200 per cent. below the cost price.
COURT. Q. One hundred per cent is nothing, and at two hundred per cent you would have to give? A. Allow me to explain—I have purchased foods of the prosecutor at 48s. a dozen, marked to sell by them at 12s. 6d. a pair.
MR. GIFFARD. Q. Do you remember some tubing? A. Yes; it was offered some time since at 2s. per pound—the cost price to any English manufacturer is 4s. 9d. net from Hill, the prosecutor's traveller, who I have seen outside here—I have bought gutta-tissue at 6s. per pound which the company would charge me 7s. for, and then I should get a discount, say 6s. 6d.—I have been offered gutta-percha life-preservers with whistles, at 9s. the dozen, and the gutta percha company's list is 24s.—they only make fifteen per cent, discount to anybody, and two and a half—I did not know Bruneau—I purchased goods twice of him, urinals—he is agent for a firm at 12, Drury-lane.
Cross-examined. Q. When was that? A. On 19th July last; seven urinals, which I gave 24s. for—I had bills for them, but have not got them with me—this (produced) is the invoice of some gaiters I bought—I did not purchase the life-preservers he offered me, or the tubing—I purchased a dozen leggings at 4s. each, when the price marked on them was 4s. 6d., my attention being called to the bargain I was about to purchase—I have an invoice of a lot of balls I bought of him at a low price in the same way—I did not go to 12, Drury-lane, not even after this transaction—I also bought of Bruneau a dozen combs for 3s., which I can purchase anywhere for 2s.—that 3s. was included in the 24s.—there was nothing but the combs and the urinals—that includes both the times he called on me—I did not know his name—he signed it in such a manner that I could not understand It—he put his address "Drury-lane"—I do not see anything among these urinals near so common as what I bought—it was what Mr. Laing charges me half a crown for—I know I could have got the same article of him for 3s., if not for half a crown.
MR. GIFFARD. Q. Did you know at that time that you could get them cheaper? A. I know I could have got them quite as cheap—this (produced)
is an invoice of some which I purchased from Mr. Laing on many occasions; it is dated May 6, 1862—they were commoner than these.
JOHN BAILEY . I am a warehouseman to S. More and Son, surgical-instrument makers and dealers in druggists' sundries—here are three kinds of oiled-silk; this is the commonest and cheapest; it in of French manufacture—the cost of it is 6s. 2d. a piece, buying twenty-five or thirty pieces at a time—the French is not so apt to stick together as the English, but it is very rotten—there is no English here—this green is an unusual thing; it is French manufacture, and not the ordinary kind—the peculiarity is the colour; the fabric, which is a fine muslin, is dried before it is oiled—I am not aware that this green can be bought in the ordinary way; it is about the same value as the white, which is 9s. the piece wholesale—the piece measures 4 3/4 yards.
Cross-examined. Q. Have you not given Mr. Laing more than 9s.? A. We might; but in that case we should only buy a few pieces—I should expect to pay about 10s. then; but we are in the habit of buying it direct from Paris—11s. would not be an unfair price for the green, 6s. 2d. for the common, and 7s. 6d. for the orange.
MR. GIFFARD. Q. If compelled to purchase, you would be compelled to pay what the seller chose to ask? A. Yes; but as we could buy it in several place, we should not think of paying more than 7s. 6d.—I think, apart from the colour, the green would be the same value as the white.
MR. METCALFE. Q. Have you ever seen any green before? A. No—I think the object of giving it that colour is to make it resemble some of the English silk.
MR. GIFFARD. Q. Does it resemble the English in quality? A. Not at all; it is in every respect French, in make and material; the English is considerably wider and has a green appearance in the quantity—no one who understood it would mistake this for English.
Cross-examined. Q. What experience have you had of him? A. I had him in custody on Mr. Wolloms' charge confined with Hunter, about two knives and a catheter, and his statement to me differed from his statement before the Magistrate—I put him forward to the Magistrate as a witness for the prosecution—I said nothing to the Magistrate about the difference in his statement—I was not going to allow him to convert Hunter, he swearing differently—had Hunter not pleaded guilty, questions would no doubt have been asked of Summers which might have surprised him—I did not tell the Magistrate that I would not believe Summers on his oath—Summers went up to Middlesex Sessions as a witness, and it was my intention to allow him to go into the witness-box, if Hunter had stood his trial instead of pleading guilty, but the questions would have been asked by other parties—I mentioned the case to Mr. Wolloms after the hearing before the Magistrate, and I believe Mr. Wolloms knew that he was telling what was not true; still neither of us told the Magistrate—Summers was called up by the Judge, Mr. Bodkin—I believe Mr. Wolloms kept him in his service till February—I told him I should have a doubt about believing Summers on his oath, and still he kept him—I knew nothing about being a witness till the subpoena was left at the station for me some time last week—I have not been to Wolloms house since, but I called there about a fortnight before I was subpoenaed, for my expenses in the action at Guildhall for false imprisonment—the prisoner
had not then been charged—it was some time in March, but I do not know the date, or whether it is since Pettit's conviction—I have not said a single word to the prisoner, or he to me, about Summers since we were at the Court of Common Pleas—I saw the prisoner last Sunday night, and he said that he had left a subpoena for me at the station, and I had got to be here on Monday to give evidence on his behalf against Summers—I did not tell him what I was going to say about Summers, but he called my attention to what I had said about the tales Summers told.
Q. You told the Jury you had not said a word to him about Summers, how do you explain that? A. Well, in reference to the conversation on Sunday night, I omitted that, certainly—on my oath, I did not tell him I was going to say that I would not believe Summers on his oath, but I have told him before that I would not—I told him so at the time Hunter was tried, when I was taking Summers up as a witness—I have not given my evidence to Mr. Wolloms or his attorney—I do not know how it got on the brief—I have seen Mrs. Wolloms to-day, but have not talked to her about it.
MR. GIFFARD. Q. Hunter was taken in custody and pleaded guilty at the Sessions? A. Yes—some property was found on a young man named Silvester, who was given in custody, but not charged, as he promised to give evidence against Hunter if Mr. Wolloms would forego the charge—Silvester afterwards brought an action for false imprisonment, and it was on that trial that I attended at Guildhall, in the City—the cause was tried—it is since Christmas—I said nothing to the Magistrate or the Judge about Summers' conduct, but they spoke to him themselves on the subject of his conduct—I had nothing to do with it more than being the prosecutor in the case—Mr. Corrie was the Magistrate before whom Summers was examined, and what he said did not agree with what he had previously told me—he was not called at the Sessions as a witness, because Hunter pleaded guilty, but he was called up afterwards by Mr. Bodkin, and was also before the Grand Jury.
COURT. Q. Did you or Mr. Wolloms charge Summers with being concerned? A. Yes; both Hunter and Summers—I had them both taken to the station on the statement made by the prisoner—we kept them separate—nothing was found on Summers; we searched them both—the Inspector or Superintendent refused to take the charge against Summers, no property being found on him, and being Mr. Wolloms' apprentice be could be had at any time—Mr. Wolloms withdrew the charge against Summers after he had been searched—before the charge was withdrawn, Summers made a statement of the facts to me; it was then made against Hunter, and he was committed—on the inquiry before the Magistrate, Summers was called as a witness, and it is the difference between some statements made to me, and some statements made in his evidence, that I am complaining of—Hunter was committed on some of the evidence that Summers gave—Mr. Wolloms and myself were examined—Hunter pleaded guilty; but if he had been tried, I should have felt it my duty to mention to the Court the discrepancy in summers' statement—that discrepancy would, in my judgment, have affected the validity of the case against Hunter—my judgment is not at all altered by Hunter pleading guilty—I do not know the reason of his pleading guilty—I never knew what Summers was going to say upon this present trial—I did not know till last Sunday night, when Mr. Wolloms said so, that Summers would be called against him—he said, "I have subpoenaed you to
prove the conversation about Hunter being in custody"—that was all that passed as I was marching out for duty.
MR. GIFFARD. Q. What did Hunter say when he pleaded guilty? A. Mr. Bodkin asked him what he had got to say, and he said that the knife had been given to him by Summers—he said the same before the Magistrate, and the same in the shop when he was charged—Hunter was in the same employment as Summers.
MR. GIFFARD to DAVID LAING. Q. Did you speak to Falleau when you saw him the day before yesterday? A. I said in French, "Halloa, here you are"—I should like to see him again.
JAMES JENKINS . I have been managing the conduct of this defence—I subpoenaed Falleau—he was in the neighbourhood of the Court, with the other witnesses, the day before yesterday—I did not see him in Court—I do not know where he is now.
COURT. Q. Are you an attorney? A. I am managing clerk to an attorney.
MR. METCALFE to JAMES HANNS. Q. Which is the bundle of catheters that John Wolloms spoke to? A. This—I got it from Mr. Wolloms premises—the other bundle that I produced Mr. Wolloms brought to Guildhall as a sample of what he bought of Bruneau.
COURT to FREDERICK SUMMERS. Q. Did you say to Harriet Kingdon, or in her hearing, that you would make it out to your master? A. No; nor anything to that effect.
William Henry Ayling, M. D.; Dr. Duncan, physician; Frederick Longden, elastic stocking manufacturer, of Derby; John Thomas Duncalfe, solicitor; Seth Gwilliam, hairdresser, of Tenbury, Warwickshire; Thomas Taylor, a tailer; Daniel Eaton, a tailor, of George-street, Euston-square; James Jones, grocer, of Tenbury; John Faulkner, dentist, of Mornington-crescent, and George Spencer, gave the prisoner a good character.
GUILTY .— Seven Years' Penal Servitude.
THIRD COURT.—Thursday, April 9th, 1863.
PRESENT—Mr. Ald. COPELAND, M.P.; Mr. Ald. ALLEN; Mr. Ald. DAKIN; and ROBERT MALCOLM KERR, Esq.
Before Robert Malcolm Kerr, Esq.
GEORGE BARKER . I am a carman, at 43, Leonard-street—on Monday night, about 9, I was returning home, within a little distance of my own house, and I saw three men standing near there together—the prisoners are two of them—I am sure of that—one walked across the street, I am not sure which, one disappeared, and one I saw go into my house—the door was closed and locked by a spring lock—I put the key in and locked it myself when I went out—seeing this, I went up to the door and pushed it—it was locked and fastened—I then knocked with my knuckles—the door was opened, and Blackburn showed himself, and Phillips was close behind him—I laid hold of Blackburn by the collar directly, and told the other man I wanted him—he could not get quite away from me, because I had assistance directly—I afterwards examined my house; nothing had been disturbed—I
believe they must have got in with a key, because the door was not strained and no force or violence had been used about it.
Cross-examined by MR. HARRY PALMER. Q. What time was this? A. Within two minutes of 9 o'clock—I am confident it was not half-past 8—I drove my cart almost underneath the clock before I got borne, and then it wanted ten minutes to 9—there is not much gas in the street—it is a broad street, with houses opposite mine—there is a lamp just by the corner, but not to throw a light on my door exactly—there is a gateway one door from my door—you cannot go to my house through the gateway—I left no one in the house when I went out—I have a wife and two son; they were out at work for the day—I have a latch key, but it was not used—I always leave the key at a neighbour's—I did so upon this evening, at a widow lady's of the name of Cuffe—she is not here—I had gone about twelve or fourteen yards from my door, and had stopped at Mrs. Cuffe's door—I went in with the key, and while I was talking to her, these three men drew my attention—one was quite close to the door, and appeared to me as if he was unlocking it—there is one step to go to my door—the door does not go in at all; it is level with the street, barring the post—I saw a young lad unloading a ginger beer cart near my door, much nearer than I was; it was nearly opposite my door—I did not observe whether there was a man with it—there was a lad on the pavement by the cart—he works next door to me, at the ginger beer maker's—I did not notice any one else in the street—when I was talking to Mrs. Cuffe she was in the shop, and I was on the pavement—she could not see my door—I thought there was something wrong when I saw the men opposite my door—they were not at the door two minutes—the door did not give way at all when I pushed it—it was shut and fastened inside—I would not swear whether the clock had struck 9 or not at that time.
DANIEL CRAWLEY . I live at 1, Little Norfolk-place, Curtain-road, and am sixteen years old—I was standing next door but one to Mr. Barker's on this night; it was close upon 9; two or three minutes either way, I can't swear which—I saw three men standing at the door—I am sure the prisoners are two of them—I heard one of the men say, "I will be over at the corner, and you go on," and he went over to the corner—I can't say which one said those words, but be left the other two at the door, and went across the road—I then saw the two go into the house, without any noise—they must have opened the door, because I saw Mr. Barker shut the door and take the key to the fish-shop, a little higher up—I saw him go out—it must have been opened with a key—when the two men went in they shut the door—I then saw Mr. Barker go up to the door and push it, but it did not open—he then knocked with his knuckles, and it was opened—I saw him lay hold of some one at the door, and when I came out with the second box of bottles I saw that he had two.
Cross-examined. Q. Do you know the prosecutor at all? A. Yes; I work next door but one to him—I had been working there that day—I was not leaving my work at this time; I was bringing some bottles into the yard—I do that every day—I was out there before 9—the ginger beer cart was there, and Mr. Barker drew his cart, passed out, and drew up by the fish-shop—the ginger beer cart belongs to Western and Wollands—the man was not with it; he went down to fetch the keys—I and another boy, Edwin Lewis, were there in and out for the bottles—he did not see anything of this—I did not see the men before they were opposite the door—I had been standing there two or three minutes before I saw them—I had my back turned, and when
I turned round there were three men standing at the door—they did not knock at the door—I could see the top of the door from where I was standing, but I could not see whether they put a key in or not.
GEORGE KNOWLES . I am a labouring man, living at 8, Paul's-terrace, City-road—on this morning I heard a call for help, went up, and Mr. Barker handed over the prisoner Phillips to me—he had Blackburn in custody with the other hand—a few people got together, and I saw this jemmy (produced) drop from Phillips while I was holding him—I saw that clearly; it fell from some part of his dress at my feet—I saw a lad pick it up and give it over to a man, who took it up to the station—the police then came up, and the prisoners were taken.
Cross-examined. Q. You never said anything about the jemmy before the Magistrate, did you? A. Yes; I mentioned that.
Cross-examined. Q. I suppose there was a large crowd there? A. No; not above eight or ten people—the jemmy was picked up two yards on the right of the door.
COURT. Q. Do you say that the boy picked up the jemmy after the prisoners had been taken away by the police? A. Yes; the prisoners had been gone away about a minute—the jemmy was taken to the station-house while the prisoners were being searched.
CHARLES HICKS (Policeman, G 225), I took Phillips from the witness Knowles—I searched him at the station, and found in his breast coat-pocket, two handkerchiefs, a candle, a pair of gloves, and 1l. 6s. 2d.—when I told him the charge he said he was not inside; he was only knocking at the door for a Mr. Jones.
George Blackburn was further charged with having been before convicted of felony at Clerkenwell, on 4th April, 1859, in the name of George Isset, and sentenced to eighteen months imprisonment; to which he PLEADED GUILTY.*†— Ten Years' Penal Servitude.
PHILLIPS.— Four Year's Penal Servitude.
MR. ROWDEN conducted the Prosecution.
JAMES MERRITT . I am errand-boy to Mr. George Perkins, a bootmaker, at 88, Bishopsgate-street—on 9th March, about a quarter or ten minutes to 11 in the morning, I was behind a desk in my master's shop, and I saw the prisoner take a pair of boots off the stand just inside the door—he put them under his coat, and walked out—I called my master, and then ran about twenty or thirty yards after the prisoner, just past the Bull-yard—I never lost sight of him—a policeman stopped him; he dropped the boots, and I picked them up—they were worth 14s. 6d.
Cross-examined by MR. DALEY. Q. Were you behind him, or before him, when he dropped the boots? A. Close behind him—about a yard from him—I
saw the boots drop from him—the policeman was close by—he stopped him just by the King's Arms—he had run about fifty or sixty yards—there was only me in the shop—I did not see him take the boots up; I saw him put them under his coat, and I then ran to the door, and saw him walking away rather sharp—he began to run just before he got to the Bull-yard, when I hallooed he looked round, and then ran—no one else was running—there was no one with him—he had a round hat and a jacket on.
GEORGE HOULTON FRASER . I am a warehouseman at Great Queenstreet, Lincoln's-inn-Fields—on 9th March, about ten minutes to 11, I was in Bishopsgate-street—I saw the prisoner come out of the prosecutor's shop with the boots—he placed them under his coat, and soon after he got away from the shop, he was running—the policeman stopped him, and he dropped the boots—I never lost sight of him from the time I saw him come out of the shop till he was taken into custody.
Cross-examined. Q. Was he dressed as he now is? A. Yes; he had that coat on, and a round hat—I heard the last witness call out—he was just by Bull-yard when the boots were dropped, and he picked them up.
SAMUEL OBEY (City-policeman, 649). I saw the prisoner in Bishopsgate-street running, and several persons after him—I stopped him, and held him till Merritt and Frazer came up—they said he had stolen a pair of boots—I took him to the station-house, and found on him 14s. in odd money, and twelve dozen of these papers in his pocket, of the procession of the Princess Alexandra—these (produced) are the boots.
GUILTY .— Confined Twelve Months.
MR. ROWDEN conducted the Prosecution.
THOMAS POTTER (City-policeman, 575). On the evening of 10th March, about half-past 7, I was in King William-street in plain clothes—I saw the prisoner, and several more there—I was close beside him—I saw a gentleman there, and saw the prisoner put up his left hand, and draw a scarf pin from the gentleman's scarf—I immediately caught hold of him, and clasped the hand with the pin in it—the prisoner's companions immediately rushed upon me, and tried to knock me away, and I dropped the pin—I kept the prisoner in custody—the pin ran into my hand when I had it.
Cross-examined by MR. DALEY. Q. This was the night of the illuminations? A. Yes, this happened on the footpath—the gentleman was endeavouring to go over London-bridge, and the prisoner's party were also going over—they turned round sharp on to the gentleman, and blocked the whole of the way up, and the prisoner deliberately took the pin—a lot of them were shoving behind on purpose—I had followed them down once, and went back with them again—there might be ten or twelve of them—I did not observe the gentleman till I saw the prisoner take the breast pin—I called to the gentleman, but he could not stop, in consequence of the others shoving—I lost sight of him immediately; I caught hold of the prisoner by the collar with my right hand, and I caught the pin in his hand with my left—I took the pin into my hand, but these parties came on to me, and I dropped it; I then got the assistance of another constable, and took the prisoner to the station at once—they tried to shove me down, and knock
me out of the way—they did not hurt me in any way, only tried to get me away from him.
MR. ROWDEN. Q. You never left your hold of the prisoner? A. No; it was quite light enough to see.
GUILTY .†— Confined Twelve Months.
GEORGE JEKYLL . I am a warehouseman in Newgate-street—on 3rd March, about 3 o'clock in the afternoon, I was in King William-street, about 200 yards from the foot of London-bridge, I should think—I was pushing through a crowd, and the prisoner pushed very hard against me—after I had passed through the crowd, I saw my watch-chain hanging down, without my watch—it had been all right five minutes before—the last time I saw it was about half an hour before; I cannot exactly tell—when I observed this I turned round to look for the man who had pushed against me, and saw him going down the street, turning a corner—I followed him gently, and laid hold of his hand, and said, "You have got my watch"—he looked at me for about a minute, put his hand into his pocket, and said, "All right, here it is; don't say anything at all about it"—I said, "Yes, it is all very well for you to say all right, but it won't do for me," and with the aid of a friend, I detained him till a constable came up, and then gave him in custody—the prisoners the man.
Prisoner. Q. You say you saw me shove up against you? A. Yes—I cannot positively swear that I had my watch then—I did not see you take it out of my pocket—I only say you are the man that took it by your giving it to me back—I don't think other persons were shoving up against me besides you—you were in front of me, and I could not get by.
WILLIAM GLASSCOCK (City-policeman, 459). I was on duty in King William-street on 3d March, and saw the last witness, and a friend of his, with the prisoner—the prosecutor gave me this watch (produced)—it appears to have been broken off at the bow—I took the prisoner into custody.
Prisoner's Defence. I was in King William-street on this day, passing through the crowd, when I felt something at my coat pocket; when I had passed through the crowd I put my hand to my pocket, and found a watch there. I stayed for some minutes considering what I should do with it, and thought it would be best take it to the station. I was going, and the prosecutor came up, and said, "You have got my watch." I immediately took it out of my pocket, and gave it to him; he said, "It is broken;" I said, "I don't know anything about that," and he gave me in custody. He can't swear I am the party who stole the watch, and yet I am indicted for stealing.
GUILTY — Confined Twelve Months.
JAMES JACKSON . I am house-surgeon at the London Hospital—on the night of the 12th February, the deceased man Ahqui was brought to me with a wound in the abdomen, from which his bowels protruded—from that wound he ultimately died—there was also another wound at the back, just over the right shoulder-blade—I certainly do not think that wound could have been done by the man himself with a knife—it was an incised wound, such a wound as might have been caused by a stab—it was about an inch deep.
Cross-examined by MR. LANGFORD. Q. I think you said, last time, that there was merely a, trivial incised wound on the right shoulder? A. I
used the word in "comparison"—it was about an inch in length—it was more than a scratch.
ORRIDGE. Q. You spoke of it as trivial in comparison with the wound that caused death? A. Yes.
The prisoner's statement before the Magistrate was here read as on the former trial. (See page 613).
NOT GUILTY .
622. JOHN ODIN SIMPSON (30) , Burglariously breaking and entering the dwelling-house of George William Skelton, and stealing therein 139 pairs of boots, and 24 skins of leather, his property. Second Count, Receiving the same. (See pages 313 and 318).
MR. ORRIDGE conducted the Prosecution.
GEORGE WILLIAM SKELTON . I am a shoemaker, at 4, Wilby-terrace, Bow-road—on the morning of 22nd August, I missed from my shop more than a hundred pairs of boots, and twenty-two kid-skins, to the value of 150l.—my wife left the shop secure the evening before—I discovered my loss about 7 o'clock or half-past.
HARRIET SKELTON . I am the wife of the last witness—I saw the place safe half-past 9 on the evening of 21st August—we do not live in the house—it was all shut up the night before, and the property was missed the next morning—I came about half an hour after my husband.
JANE YATES . I am the wife of John Yates, who is undergoing sentence of penal servitude—I live at 89, Wheeler-street, Spitalfields—I know the prisoner—he used to come every day to our house with some men, who used to go out with horses and carts—one man's name was Kembell, another one was called Chelsea George—Kembell Was convicted here, and got fifteen years penal servitude—I have heard that Chelsea George has gone to America—there was another man convicted here; I think his name was Austin; he had four years, and Francis Horn was also convicted, and had five years—Simpson was a prisoner with them at the same time—he was in the habit of coming with those men—he came with the horse and cart, and he used to go out with them—I remember him coming in at the latter end of August last year—he saw me and my husband—he came late at night with two more men; the whip was cut across the shutters, which was what they always did—my husband went out, and I followed him—I asked him what he was wanted for, and he said, "Look here, Jane; this is a good thing, but I have not the means to buy them"—the prisoner was in the cart at that time—it was a wet night—the prisoner said, "If you can't buy all, perhaps you can buy this, Jack," and he lifted a bundle from the cart, and got out, and there were some boots lifted with them—Simpson lifted the bundle out, and brought them into our room—it was some skins, fit for woman's work—my husband is not a woman's man—he is a man's man—as they were looking at them, Simpson put his hand on my husband's shoulder, and said, "This is the Bow-road job"—my husband did not buy them—he said they were no good to him—Simpson said they were calf, but they were not; they were kid for women's work, and my husband was making men's boots—they were carried back into the cart, and my husband, Simpson, and two more men, got in, and all four went away together—the other two men are called Velveteen and Scotch Dick—I had a servant in my employ at this time of the came of Ann Alton—I believe she left me about October last—my husband did not return till nearly 5 in the morning—the prisoner was with him—I was scolding my husband for being so long, and keeping me up, and Simpson said, "You need not be cross; he has made a pound by it," and my husband showed me a sovereign—Simpson passed the night in what I call my father's
arm-chair, in the shop—he went away with my husband after breakfast about 9 o'clock—I had seen Simpson at our house almost every day before this for a long while, and I heard him say to Kembell, that he knew where there were some jobs to be done, and they went out one day to look, Kembell, Simpson, and a man called Johnson, who is not taken—that was about a fortnight before this robbery—Kembell came back very cross, and said it was nothing but poor working people's houses, and he would not do it—Simpson said, "It will stock this shop," and Kembell said, "Why you would rob a child of its bread and butter; I will not do it; show me where there is jewellery or plate, and I will do it"—Kembell was convicted for a robbery of jewellery and plate—there were a great many robberies of jewellery—I was taken also and acquitted—a great many other people were in the habit of coming to our house at times—when the prisoner was there, there was a bricklayer who was at work there—I don't know his name, I believe it is Phillips—he was repairing the house between June and July—there was a Mrs. Pheasant, my husband's mother—I never threatened to lag Simpson, or threatened him in any way—he was always civil to me, and I had no cause to do so—he used to commit the robberies of the jewellery with the others, and go with them.
Cross-examined by MR. LAXTON. Q. There was a jewel robbery was there not, and Kembell, Austin, Horn, your husband, yourself, and the prisoner were indicted? A. Yes, but not all at one time—the first time there was Simpson, Horn, Austin, Kembell, and me—they were all convicted except Simpson and me—my husband was afterwards indicted on the same robbery for receiving the property, and the prisoner is the person who gave evidence against him—he said he received it from my husband, not knowing where it came from, but he stole it himself—my husband was convicted, and had ten years' penal servitude—he and I were keeping a bootmaker's shop—I knew what Simpson had been doing when he brought the kid skins—I first knew him about June or July last year, not before—these boots and skins were from Mr. Skelton's robbery—when these robberies of jewellery or plate were talked about, I did not think of giving information to the police—my husband was concerned in it, he used to have the things brought to his place—Ann Alton, my servant, had been with me about three months and a fortnight, or about that time—she is not related to me in any way—a person up stairs recommended her to me—we were only lodgers in the house—Mrs. Pheasant never lived with us—the bricklayer was repairing the house for the landlord, he had been there some weeks—I did not notice; it was nothing to do with me—I don't know where he lived; he did not live in the same house we did—I do not know what has become of Velveteen and Scotch Dick, I have only seen one since—I asked my husband who they were—they were not men who came like the others did—I might have seen them before that, but not to notice them as much as the others—I saw Velveteen with the prisoner's sister, on Saturday night, in Hackney-road, and followed them to a building, and fetched a policeman to have him brought out, and they denied him ever having been there—that was while Simpson was under remand—I saw Velveteen and Scotch Dick last on the night of this boot and skin robbery—I knew of it immediately—I heard Simpson tell Kembell that it could be done, and it would stock our place—all these robberies were being done one after the other—the jewel robbery was before the boot robbery; none were taken for that then—I have seen Velveteen since the boot robbery, with Simpson's sister—I never noticed him or Scotch Dick before—I have not tried to find them, it did not concern me—Kembell and
the other man went away with Simpson, for him to show them the places which he said he knew they could rob—the boot place was one of them—I have been married to my husband about thirteen years, and had children—I have never been indicted in any way, except for this offence upon which I was acquitted.
MR. ORRIDGE. Q. Until you were married to Yates, you were never in any trouble? A. Never before—there used to be two jewel-cases at our place in one day sometimes.
COURT. Q. Who is Mrs. Close? A. The cab man's wife—she was acquitted and he was acquitted—he was the man who used to sell my husband the ready-made boots.
MR. ORRIDGE. Q. And boots that a boy was convicted of stealing from Mr. Lyon? A. Yes—the cabman was the boy's brother—the boy pleaded guilty, and said my husband bought them of him.
MR. LAXTON. Q. The prisoner gave evidence against Close? A. Yes, at the Lambeth Police-court—Close was acquitted last sessions.
COURT. Q. When did this robbery system first begin; what was the beginning of it? A. The prisoner came to my husband's shop with a German first, and he said he had been to Worship-street and given a false character, and got him off for robbery, and then he was there every day after—he did not bring us any stolen property—the jewellery was the first stolen property that was brought—it used to be brought to our place—my husband used to receive it and Simpson used to state which was the best gold, and that which was fit to break up they used to sell, and Simpson pledged the rest, and things that were dangerous to pledge used to be sold to another man—I know that man's name; must I say?—Everett is his name—my husband used to make me carry the things to his house—I have seen Everett down stairs this morning—I don't see him in the Court (THE COURT ordered a policeman to fetch Everett, and he was brought forward)—that is the man—he is no relation of mine—the things that were dangerous to pledge were sold to him—his house is in Bethnal-green—I have been there a great many times—he has a very large family—I have been there with jewellery, and cloth, and so many things, I can't remember—my husband always went with me—Everett never paid me any money for the things, he paid my husband—sometimes I was present when he did so, and sometimes my husband would tell me to run home—Everett has been at our shop—he knew my husband kept a bootmaker's shop—it is a small shop—he has been several times—he used to come if it was cloth, or silk, or anything of that kind and look at it, and then tell my husband to send them up to his house.
JOHN YATES . (a prisoner). I was tried in this Court in January, and sentenced to ten years' penal servitude—on 22nd July last, the prisoner, who went by the name of Pooh Pooh, because he used to speak like a Frenchman, Scotch Dick, and Velveteen, came to my place, between 12 and 1 o'clock at night, with a horse and cart, and said that they had some things that would suit me—I said, "What are they?"—they said, "Some kid skins, Wellington boots, women's side-spring, and children's boots"—I asked, "How many are there?"—they said there was about a dozen, or a dozen or two, of skins, a few dozen or so of Wellington's, and various others—I asked him how much he wanted for them—he said, "30l."—I told him I had not got the stuff—this took place in my house—the things were in my place at the time—he brought them out of the cart, and I was looking at them—he said, "Do you think Ben is at home?"—I said, "I will go with you, if you like,
and see"—I went with him—Ben is Ben Everett, the mad you have seen here—Simpson, Velveteen, and Scotch Dick went with me—Everett was at home, and Simpson said to him, "Ben, we have got some things to suit you"—Ben says, "What are they?"—he said, "Kid skins, Wellington boots, and children's boots"—Everett said, "What do you want for them?"—Simpson said, "30l."—Everett said, "That is too much"—Simpson said, "Look at them, you don't know what they are"—he looked at them, and said, "I will give you 20l. for them"—Simpson would not take that—Everett said, "I will give you 23l."—Simpson took it, and I had 1l. for my trouble—23l. was paid in gold into Simpson's hands—Simpson, Velveteen, and Scotch Dick then went back to Mr. Skelton's house—Simpson told me they were going back again, because there was a cash-peter left behind—that means a cash-box—they left me in a coffee-shop, and came back between 4 and 5 o'clock in the morning to the coffee-shop, and Simpson said the place was tumbled; he meant that it had been disturbed—Simpson then came up to my place and stopped till about 9 o'clock, when we had breakfast and went out—I asked Simpson where they had done the burst—that is what is commonly called house-breaking—he told me it was old Skelton's boot drum—a drum is a house—I don't know Skelton's house.
Cross-examined. Q. Had you ever been tried before this for anything? A. I had two months—am I bound to answer what it was for?—it was for stealing a carpet-bag—I served my time in prison—that was three years ago come next 9th of August—it was in August, 1860—I pleaded guilty to that and was sentenced at the Mansion House—I was quite aware that the burglary at Skelton's had been done—I knew Simpson had committed a burglary—he told me they were going to do a burst at Skelton's boot drum—I was quite aware it was going to be done—he has suggested other robberies to me, but I have only been mixed up with him in them by purchasing things of him—I have never been thieving with him; I received the stolen goods; that is what I have been convicted of—I have received stolen goods from Simpson three or four times, and several times from other persons—I have been in the habit of receiving stolen goods within the last two years—it was about three or four months before I was taken when I received stolen goods from the prisoner—I first received stolen goods from him about eight or nine months ago I should think—I had been in the habit of receiving from other persons, but I had left off buying and taken to my work again—I am a boot and shoemaker—I was apprenticed to the business, and served my time—I was out of work when I stole the carpet-bag—I had no shop then—I took the bootmaker's shop soon after I came out of prison about the carpet-bag—this robbery of the boots was committed about half past 12 in the morning, when it was dark, and Simpson proposed to go back again for the cash-peter about a quarter past 1 in the morning, after he had sold the things—I should think Everett's is a mile and a half from Skelton's—Simpson afterwards came to me in the coffee-shop and said the place had been tumbled—I understood that to be, that the people had found out the robbery.
MR. ORRIDGE. Q. You said you left off buying stolen goods for a time and took to your work again? A. Yes—there were several men who rise to come to me, and I being the old receiver, I used to take things and sell for them—some old thieves came about me after I took my shop—I have bought jewellery of the prisoner—he came to my house with Kembell—there were some brooches and a very handsome diamond ring—that was sold to a man named Ike Hall for 14l—it was a beautiful thing, a splendid ring
—it came from Watford, in Essex, I believe, from the house of a gentleman named Nokes—that was a burglary—a dressing-case came with it—Mr. Hall lives in Cock-lane, Church-street, Shoreditch; it is called Boundary-street now—Hall is the name he goes by—he keeps the Sportsman beershop—these men used to come to me because I knew them—I had not sufficient money to pay for the things, and they used to allow me a commision for selling them—I was tried about a dressing-case stolen from Mr. Bowley's; you know that—you were too much for me then, but you did not introduce to his Lordship that Simpson was a returned convict—I remember Horn, Austin, Kembell, my wife, and Simpson being tried—I was not in custody in November; I was out of the way—I never told Simpson that the police were after him, and that there was something wrong, and he had better keep out of the way (See page 156) nothing of the kind—I have also received things from Kembell and from Chelsea George—I don't know his name—he used to live at a coffee-shop in the Kingsland-road—Velveteen lives in Canton-place, Bethnal-green-road—I don't know his real name—I do not know whether he is at large or not—I don't know what Scotch Dick's name is—he lived in Whitechapel—I don't know whereabouts—I know Mr. Everett well—I have received things from him to sell on commission, and sold him things—he is one of the other people I meant—I received watches and things from him to get buyers for them—there was one watch and chain that came from Wandsworth—that was a robbery from a house, getting in at the window; parlour jumping we call it, putting a catch back—I don't know whose house it was—I got that watch and chain to sell for Everett—I did not part with it at all—I pawned it in the Kingsland-road; that was about the beginning of August last year—I think it was at the second pawnbroker's down, on the left-hand side of the way—I don't know his name—I have sold Everett several lots of things, some silk and some cloth; the cloth came from Holborn—Johnson and a man called Sixtoes stole that—that was not a nickname; he had six toes on each foot—the shop it came from was in Middle-row, Holborn—I told Inspector Bond of that—I have sold Everett silk; what we call squeedge—that was taken some Sunday-night—I cannot tell where it came from—there was about ninety-six yards of it—he gave me 2s. 3d. a yard for it—Kembell, Simpson, and Austin brought that to me to sell—I have also sold some cheese, some butter, and hams to Everett—I don't know where they came from—not large quantities—I went about in the cart sometimes—Everett used to hire the horse and cart, and bring it to go with us—there was another jewellery case from a Mrs. Crump, of Dulwich, I think; which Everett bought—there was a very valuable dressing-case, a couple of very handsome brooches, and half a dozen silver knives and forks, which I sold to Everett—he gave me 3l. for the dressing-case, 2l. for the brooches, and there was a silver card case as well—he gave me 6l. 15s. for the lot—that robbery was done by Kembell and Simpson with the horse and cart dodge.
COURT. Q. When did you first begin to receive stolen goods? A. About four years ago—I used also to receive goods, and get buyers for them—I knew the goods were stolen—I gave it up after my two months' conviction—I had three children at that time, and I took this little place at 4s. a weak; my wife and children lived there—I had been there a long while when Simpson came—I did not receive goods from him till I was in this little shop—not till about nine months ago—a young German brought him to me first—I think his name was Kaufman—he was one of those hotel robbers—he said he used to perform on the hotels—I knew him about twelve months before
he brought the prisoner—I knew him to use one of these houses in the Kingsland-road—Simpson represented himself to be a commercial traveller at first, and he asked me if I could do anything in that way, a bit of jewellery—I said I knew a party that would do it—I was very hard up at the time, work was very bad—Simpson came every other day or so, sometimes daily—when I said I knew a party who could do it, I meant either Ben or a man we used to call Joe Valentine, or Ike Hall—I knew three brokers—Joe Valentine keeps a broker's shop in Gibraltar-street, Bethnal-green-road, and Ike Hall keeps a beershop in Cock-lane—the prisoner brought me jewellery sometimes; I took it to Ben, and sometimes to Joe—I took it to Ben a dozen times, once a silver tea-pot, which I sold to him for 5l. 6s.; two or three brooches, a snuff-box, a card-case, some knives and forks, some cloth, some silk and some cheese—I went there in daylight, or in the evening—my wife used to carry the things for me, and I used to go and receive the money—she carried the silk and cloth, and if it was too heavy I used to carry it myself in a bag, or hire a little cart—the silk and cloth came to my place—Everett was at my place several times—I knew him when he used to keep a chandler's shop—I have known him fifteen or sixteen years—he is in private now; at least he was when I was at liberty—he has not carried on business now for these three or four years, I mean to say, ostensibly—he does not hold himself out to be anything—his is a private house—I have been there with my wife and sister, and my wife's sister was there once or twice—I think we were selling what they call a nicker then—that is a cheese—my wife's sister's name is Emma Smith, and she lives at 1, Cumberland-street—there was another thing I sold Everett, some cigars which came out of Wellclose-square—Everett used to come to my shop to see if I had anything for him—he saw goods there—I think he came to see the silk and the cloth; it was the silk and the cloth—that was the last deal I had with him, and Mrs. Crump's case, the dressing-case and the silver knives and forks, and the brooches; we knocked them out both together, the two cases—generally when we know where the things come from we tell them, on purpose that they should go out of the way quick—the case upon which I was convicted of receiving on 7th January, was in Nokes' case—Kembell, Austin, and Chelsea George did that job—Clements is not Chelsea George—Austin was convicted of receiving; he never stole it; it was Clements and Chelsea George stole the goods, and me and Clements had the goods to part with, and I was charged with receiving them—Kembell and Chelsea George brought them to me—Kembell has been with me and the prisoner several times—he went to Watford to do a job there—he had nothing to do with this case at all—the prisoner gave evidence against me in Nokes' case last January—he had a cameo brooch to pawn in that case from me, and a ring, and a pair of eardrops—I used to allow him something for pawning them, according to the article that he pawned, and what he pawned it for—I never had a day's imprisonment except that two months for the carpet bag, and what I am serving now.
MR. ORRIDGE. Q. Was Simpson charged with receiving some other property from Mr. Bowley's at Sydenham? A. Yes; Kembell, Chelsea George, and Simpson, got in there.
MARY ANN PHEASANT . I am a widow, living at 18, Batty-street, Commercial-road, and am the mother of John Yates—between July and October last year, I was in the habit of going backwards and forwards to my son's house—I have frequently seen the prisoner there—once I saw him looking at some articles of jewellery, at other times sitting still.
Cross-examined. Q. You don't remember any particular time? A. No—
I went there frequently at the beginning of September, when the children were ill—I am a needle-woman, and support myself.
JOHN DILEMORE . I am a livery-stable keeper, at 1, Lincoln-street, Mile-end-road, at the back of Mr. Skelton's, the prosecutor's—on the night of 21st August I was sitting up, waiting for a carriage to come from St. John's Wood—I saw a person in the street, near the prosecutor's house—I could not swear, but I believe Mr. Simpson is the man who approached me—about an hour and a half after that I heard a cart and horse galloping out of the street; it was a very wet night—I saw the back of the cart; there were two or three people in it—it was being driven rapidly—I have never seen this man before to my knowledge—I merely speak to my belief—I did not see the horse; it came in front of my yard and turned—I saw the steam from the horse, going up the street, but did not see the horse.
Cross-examined. Q. What time was this? A. About half-past 1 in the morning—I have house and stabling both—I was on the opposite yard, and heard footsteps coming behind me, as I turned round that gentleman faced me—I do not swear to him positively; I believe that it was him—I had never seen him before—he was put with five others, I think, at the Thames police-court, and I recognised him immediately.
ANN ALTON . I am in the service of Mr. Bittan, of 1, White-row, Spitalfields—for some three months last year, I was in Mrs. Yates' service—I think it was during the month of August—I left when my mistress was taken up in October—I had been with her three months and a fortnight before that, I think—I know the prisoner—I used to see him every day at my mistress's place—he used sometimes to come in a cart—I remember the night of 21st August—I did not know at that time of Mr. Skelton's, the bootmaker's shop, being broken open—I heard of it afterwards—I don't remember the day of the month that they said it was broken open, but I remember it was a wet night—Simpson came to the house that night in a horse and cart, with two other men—I don't know them—my master came in at the same time—I remember my mistress telling me to pick up a cloth off the ground and hand it to her—I did so, and she handed it to Simpson—he went out and put it on the horse, because it was steaming so, as if from heat—he brought a parcel into the room, and my mistress told me to go up stairs—I went up; I did not go to bed—my mistress called me down about half an hour afterwards—the prisoner had then gone, and she was alone—I went to bed, and came down at 7 o'clock in the morning—Simpson was then in the parlour, sitting in the arm-chair with his feet on the box—he stopped about two hours after that, and then left with Mr. Yates, I think—I have seen the prisoner bring things there several times—he brought a silk dress once, and sometimes he used to bring a little box of jewellery.
Cross-examined. Q. What are you doing now? A. I am in the service of Mr. Bittan—he goes out with glass—he is a hawker—I was in his service twelve months before, and I have gone back to him again, and been with him this time about three months and three weeks—I left Mrs. Yates' service directly she was taken up—I have seen her since several times—she did not tell me anything about this matter—I gave evidence at the police-court—I did not talk to Mrs. Yates before I went there—I was subpoenaed there by the police—I did not see Mrs. Yates between the time when she came out of prison and when I went to the police-court.
COURT. Q. After she was taken up she was tried here, acquitted, and let out, did you see her between that time and your going to the police-court?
A. No; not till I saw her with the officer, when she came in search of me to go to the police-court.
MR. LAXTON. Q. Had you seen Mrs. Pheasant? A. No—I have only seen Simpson bring parcels about two or three times; not very often—he has brought parcels at other times beside the time I have mentioned—I don't know what they contained—I was always sent up stairs when the parcels were there.
ABRAHAM BITTAN . The last witness is in my service—I have known Simpson about ten weeks now—I came here last sessions with my servant to show her the way—she was a witness against Close—I saw Simpson then down stairs—I said to him, "Simpson, why were you not here this morning, it was the first case on; it would have been all over by now?"—he was hiding himself in a public-house opposite in the old Bailey—he said, "I did not want to be here at all"—I said, "For why?"—he said, "Because I fancy the bobbies are after me"—I said, "What for?"—he said, "For a few boots we had from the Bow-road, because Mrs. Yates has told two or three people that when this case is over, she is going to lag me for it, and if I am taken for that I am sure to be transported."
Cross-examined. Q. You have never said that before, have you? A. Yes; I said it at the police-court—he did not say that he had been informed that the police were after him—he did not say the police, he said the bobbies—he did not say it was for some boots that were had from the Bow-road, he said, "that we had from the Bow-road"—I never knew him before till I went with my servant to Lambeth Police-court; and the first day I went there he borrowed 4d. of me, and he begged of me the same day he was taken to allow him to take my servant to the theatre—I said I would not do anything of the kind—he had a nice life-preserver in his pocket, and he would have given her a knock on the head after she had seen the theatre, I expect—I signed this deposition—Read: "I have known the prisoner two months. I was at the last Old Bailey Sessions. The prisoner was there. I heard him say, 'I did not want to be here at all, because I think the bobbies are after me.'"
Q. You have heard that, and now you tell us to-day that he said, "And if I am taken for this I am sure to be transported;" that is not in your deposition? A. No; because Lambert, the policeman, mentioned it to Mr. Young, and he would not allow me to say it.
JAMES PHILLIPS . I am a bricklayer, living at 8, Staple-street, Long-lane, Bermondsey—in June and July last, I was repairing some houses in Wheeler street, Spitalfields—Yates lived at No. 86—I remember seeing the prisoner there frequently; he came some times in a horse and cart—I have seen him take something from it.
Cross-examined. Q. You don't remember any particular day, I suppose? A. Only from the latter part of June to the 19th of July—in June and July I was at work there—from 24th June to 19th July, and I saw him there every day.
LEWIS LAMBERT (Policeman, K 311). From some information I had, I took the prisoner into custody—I told him I should charge him with being concerned with two others, in breaking into Mr. Skelton's house in the Bow-road—he said he knew nothing of it—I asked him if he knew Everett; he said he did, and he was the greatest fence in London—I asked him what he meant by that, and he said, "A receiver of stolen goods."
The prisoners statement before the Magistrate was here read at follows:—"All I can say in, there is a plot between the Yates's to criminate me for
having given evidence against them—I was not out of my house when the robbery was committed, and I have witnesses to prove it—when I was at the Old Bailey, Mrs. Yates had a conversation with a person of the name of Close, whose husband I was a witness against, and during that conversation she said to Mrs. Close that she intended to get me to live with her; she has proposed this to myself several times, and after she had done this to get me to commit some robbery with herself and get me lagged. Since I have been in the House of Detention, I have sent my sister to Mrs. Close; I believe she is here, and will detail the conversation that took place."
Witnesses for the Defence.
JOHN BOND (Police-inspector). The prisoner gave evidence in Yates' case—after he was apprehended he stated where he had pledged a quantity of property—I only knew where two cases of jewellery had been pledged out of ten or twelve—I know Mrs. Yates—she said on one occasion as he was leaving Lambeth Police-court on another prosecution, that Simpson had lagged her husband, and she would do something for him (Simpson)—it was not said angrily, more in a jocular way, she laughed with it—I only heard her say that once—I have not heard other persons threaten the prisoner.
Cross-examined by MR. ORRIDGE. Q. You say after Simpson was apprehended, he told you where there were some brooches pledged? A. Yes; there was one in Shoreditch, a cameo brooch, the produce of Mr. Polyblank's robbery, at Walthamstow—when Yates was in custody, Simpson gave evidence in Mr. Nokes' case.
STEPHEN BALDWIN (Policeman, 29 P). I know the prisoner—I have heard Mrs. Yates speaking to him repeatedly at the police-court—I never heard her threaten him—I have heard them speaking about the property that was stolen, and the other prisoners—Mrs. Yates's mother was there—I never saw anything done by any one to the prisoner.
Prisoner. Q. Did not you see me assaulted at Lambeth police-court? A. By Mrs. Close, the wife of the man who was acquitted here last Sessions—Mrs. Yates was there in the same Court.
CECILIA SIMPSON . I am the prisoner's sister, and live at 16, Alpha-place, Cambridge-heath-road—I have lived there about six months—in August last, we lived at 8, Gardener-row, Twig-folly-bridge, Victoria-park—the prisoner lived there too—I remember the 21st of August, 1862, my brother was with us on that day—he was taken very poorly—he is in very weak health—he is never very strong—he was taken very bad with dysentery—I am quite sure about that—I have a reason for remembering the day—we were very badly situated; we had been in business and were very unfortunate—I went round to my sister-in-law, and got a powder for my brother; he remained ill some days—the 21st August is my sister's child's birthday, and she was making a little cake when I went down—I am quite sure my brother was at home on that day, and that I am giving a correct account of the matter.
Cross-examined by MR. ORRIDGE. Q. Did the attack commence that day? A. As far as I can remember; it was some little time ago—he may have been poorly the day previous—I think I can speak positively that he was taken ill that very afternoon—he did not remain in bed two or three days—he was very ill—there was my mamma, my brother, and a younger brother, named Henry, and myself living in the house—we had no servant—we were not in circumstances then to keep one—my brother has kept a public-house in the Kingsland-road—I dare say that may be two years since—he has been doing a little in agency since then, and he was connected with the
"Tablet" in the Strand—he was a sort of clerk—he was not there very long, about four months—I have seen Yates once—he came to ask for my brother when he was very ill; I can't say positively when that was—it was a great many months ago—I don't know whether it was since last August; I only saw him once—I don't know that man at all (looking at Everett)—I have never seen him at all to my knowledge—I may have seen him—we knew a great many people when we were in the public line, and saw a great many faces—I speak as I feel—I don't think I have seen him before.
GUILTY .— Penal Servitude for Life.
THE COURT ordered that Everett should be detained in custody and taken before a Magistrate on a charge of receiving stolen goods.
OLD COURT.—Friday, April 10th, 1863.
PRESENT—Mr. RECORDER; and Mr. Ald. WILLIAM LAWRENCE.
Before Mr. Recorder.
The prisoner and witnesses in this case being foreigners, the evidence was interpreted, and the Jury was composed of six foreigners and six Englishmen.
MR. DALEY conducted the Prosecution.
HERCELIO SANTIAGO . I am a midshipman belonging to the Peruvian Corvette Arica—on Thursday night, 20th March, I was officer of the watch on board the Venus hulk—it is the practice to have twenty-four hour watch for each officer—I had commenced my watch at 8 o'clock that morning—some of the soldiers were allowed leave on shore that day; I don't remember how many—the prisoner was not one of them—two of them returned to the ship about 11 o'clock—about 11 o'clock I found the soldiers in their berths with lights, playing cards; two of them were quarelling—Cabaro, the sergeant on guard, went below with me—I desired him to put one of those who were quarrelling into confinement, which was done—one of the soldiers took up a bayonet—after they mutinied, I went into my cab in to get my sword—when I returned with it, I found Perez, Mango, Mesa, and another one quarrelling, and I went with my sword in my hand to stop the quarrel; the soldiers had bayonets at this time—I then went and gave in a report to the officer in command—the Commander-in-chief was not on board—I came back between decks with the officer in charge—Perez and Mesa told us they were going ashore by force or by goodness; it was Perez that spoke—the sailors were then all asleep in their berths—they were called up after the soldiers went to their arms—that was about an hour after the row began, we could not keep the soldiers below, they got up between decks and took the arms from the armoury, all the lot—the armoury is between decks—I did not lock the armoury: I put a sentinel there—shots were fired at this time; when they wanted to come up, the sailors and the officers stopped them—Sergeant Vargas was the first that fired—the shots were fired at the sailors from below—the sailors got their arms—this state of things continued till half-past 12 o'clock—the soldiers afterwards came up between decks—the sailors were keeping the hold to prevent the soldiers from coming up—they got up through a hole in the fore part of the vessel—after the sailors retired from between decks, the soldiers came up through all the holes.
COURT. Q. What made the sailors retire from between decks? A. Because
the soldiers came and attacked them without their knowing anything about it, and the sailors were frightened and ran away to the after part of the vessel.
MR. DALEY. Q. Who came and attacked them? A. The first was Sergeant Vargas, Corporal Mango, Corporal Mesa, Perez, and other soldiers—they got up the fore-hatchway—upon that, six of the sailors retired to the upper part of the deck, and the others ran away to other parts of the vessel—the soldiers then got possession of the main deck, and they fought on the deck—Oliva was in the bottom part of the vessel, but he was taken out of there and armed; the others let him out, I don't know who they were—Oliva was the man that was put in confinement at first—when I saw him up he was armed—I only saw him when the soldiers came between decks—I recollect an attack on midshipman Iladoi—Perez was there then—Mess, Oliva, Callejas, and Mango—Callejas was between decks with Perez, Iladoi, and all the others—I did not see Callejas stabbed—Oliva was sober as far as I could tell.
Cross-examined by MR. SLEIGH. Q. At the time when this affair began, about how many were on board, soldiers and sailors? A. About eighteen sailors and about fifty soldiers—the sailors took the part of the officers; all were engaged on one side or the other—some of the soldiers were on the part of the sailors—Callejas the deceased was a corporal—the prisoner was placed in confinement at twenty minutes past 11—it was about half-past 12 that I saw him on the deck—I could see below, down the hatchway—there were lamps, some were hanging in their proper places, and some the men had got—Iladoi is very ill, he is not here—he was not armed—he had no sword with him—Perez and Mango had muskets and bayonets, and Mesa also.
Q. So far as you could see, was not Mesa the person who made the rush at Iladoi? A. All the lot that have been named, they came together to attack him—Mesa was the person who was most prominent.
COURT. Q. Was Mesa taking a more active part than the prisoner? A. Yes; the prisoner was not armed when he came between decks—he had his strap and his bayonet, but not his musket—he had his bayonet in his hand.
JOSEPH MESA . I am drummer and second corporal of the corvette Arica—I remember the 20th March—the soldiers were below playing the guitar and playing cards—the officer in charge came down and requested them to leave off, and took the cards away from them—I did not arm myself and come on deck, because I was ordered to retire to my berth by the corporal; the sailors were all up above, on deck and we were below—I was placed as sentinel by Sergeant Garra, to prevent the others from coming down—I remember seeing Mr. Iladoi—the man that was killed, Callejas, ran to throw himself in front of him—Oliva was below at that time among the others—I was standing there when Callejas placed himself before Iladoi, and Oliva was present, with his bayonet charged in that way (describing), and I came and attempted to interfere, but the other pushed it forward—I don't know whether he ran it into his breast; olive stab him, but I don't know where—I was standing behind Oliva, who had his bayonet charged—I attempted to restrain him, but the others said no, I should not, and he pushed it on into Callejas—Callejas was before Iladoi, with his arm round him, holding him, to guard him—Oliva came with his bayonet, presented it at Callejas, and ran it into him—Callejas said to him, "Oh, you have run the bayonet into me!" and with that I went on, because I was on guard.
JURY. Q. Did you see what arms the prisoner had in his hand? A. The bayonet; it was on the musket—all the muskets had bayonets on them, and he had his musket in his hand with the bayonet on it.
Cross-examined. Q. Have you ever said before to-day that Callejas said, "You have run it into me?" A. I told it at the inquest—I did not rush up to Iladoi with my bayonet fixed and attack him; I was in bed, and they called me out of my bed.
ANTONIO PEREZ . I am a marine belonging to the corvette Arica—I remember this Thursday night, 20th March—I did not see Callejas stabbed—I ran and took Iladoi up in my arms and carried him on one side, and put him in a bed—Callejas was with him, defending him—some persons were attacking Iladoi—Oliva was present; he was armed with his musket and his bayonet—none of the soldiers were armed with bayonet and belt alone—some of them had muskets and some not, some of them had a bayonet without muskets—I am certain that Oliva had a musket and bayonet—at the time the attack was made upon Iladoi I was about four paces from him.
Cross-examined. Q. Did Oliva appear at all as if he had been drinking? A. Yes, he did.
JOSEPH VARGAS . Q. I am a sergeant of marines belonging to the Arica—I remember the night of 20th March—I was not present when Callejas was stabbed; I do not remember an attack being made upon Mr. Iladoi—I was below, and saw nothing of the riot.
The prisoner's statement before the Coroner was:—"I am a soldier; I did not kill Callejas."
NOT GUILTY .
Cross-examined by Mr. F. H. LEWIS. Q. Were you before the Magistrate? A. No.
Cross-examined. Q. Were you examined before the Magistrate? A. No.
Cross-examined. Q. Were you examined before the Magistrate? A. No.
CHARLES BAKER . I am a detective officer—I took the prisoner into custody, and told him the charge—he said he was very sorry for it—he said Mr. Jeffrey's brother was as much to do with it as he was, that he had been assisting him—he said that he was unfortunate enough to lose a bag of money in 1861—I asked him how—he said that a female, with a plate in her hand, stopped him and asked some question, and two men came up and seized him behind, while the female robbed him of his bag—I asked him
whether he went to the police-station of that district and reported the robbery—he said he did—I asked whether he left his name and address—he said he did not—I asked why—he said he did not want to have it known; he thought he should be able to make the money up, expecting to have a rise of salary.
Cross-examined. Q. I think you were examined before the Magistrate? A. I was—I recollected then what the prisoner said about Mr. Jeffrey's brother.
FOSTER JEFFREY . I am a wholesale confectioner, in Jewin Crescent—the prisoner was in my employment—his duties were to receive orders and collect money, and to account for it every evening to my father, at his office in Vauxhall-bridge-road, where he put up his horse and trap—he has accounted to me in one or two exceptional cases, when I happened to be at my father's office, and my father was not at home—in my father's absence he would most likely have left the money in his bag, with his credit-note—my father was not out of town in December and January; he might have been absent upon any particular day—the prisoner did not account to me for 15l. 6s. on 14th December, for 8l. 19s. 4d. on 30th January, or for 8l. 6s. on 31st January—he has never accounted to me for those sums—I saw him shortly before he was given into custody; he called at my father's office and presented this paper to him—I was present—the prisoner said he was very sorry, that he had been receiving certain amounts of money and not accounting for them, and this paper was the particulars of them.
Cross-examined. Q. If I understand you, it was his duty to account to your father, not to you? A. It was his duty to account to me, and to my father in my absence; he was in the habit of leaving the money at my father's house every night—he may occasionally have accounted to my mother in my father's absence, but he would always give in a credit-note with his moneys—I believe those credit-notes are in the hands of my solicitor—these are them (produced)—I have gone through them—none of these sums are in them—the prisoner received no voucher for the money he paid in, only his own book, in which he entered the moneys he received of the customers.
THOMAS JEFFREY . I am the father of the last witness—it was the prisoner's duty to account to me every evening for the sums which he received during the day—he did not account to me on 14th December for 14l. 6s., on 30th January for 8l. 19s. 4d., or on 31st January for 8l. 6s.—I have looked through these credit-notes; they are all I have—they do not contain any of those items—the paper produced was given to me by the prisoner; he came suddenly into my office with it and said he had lost 40l. some two years previously, and he was sorry he was deficient these other amounts, which are in his handwriting.
Cross-examined. Q. I believe he has collected very large sums for you? A. For my son—I don't know the amount.
GUILTY .— Confined Eighteen Months.
There was another indictment against the prisoner. His defalcation were dated to amount to nearly 300l.
THIRD COURT, Friday, April 10th, 1863.
Before Robert Malcolm Kerr, Esq.
MESSRS. KEMP and HOUSTON conducted the Prosecution.
EDWARD WELLS . In December last, I had an office at 35, Aldersgate-street—we are agents for Messrs. Broadbent and Son, of Bradford—about that time we were to receive from them a case of alpacas for transmission to Paris—I never saw any goods of that kind on my premises—I was ill in the month of December last—I was acquainted with the prisoner, and he was employed by me in a friendly way—I was not able to walk to my office, and I gave him the key and asked him if he would oblige me by going to my office to bring the letters—he did so—he had no authority to interfere with my goods in any way or to sell them—he has never told me that he sold them—he has never accounted to me for any sum of money—I was not acquainted with the history of these goods till 11th December—the prisoner absconded on the 15th; I saw him on that day—I had no conversation with him about these goods till 18th March, when I met him and gave him into custody.
Cross-examined by Mr. F. H. LEWIS. Q. When were you taken ill? A. At the latter end of November—it was not a creditor's illness; it was a fistula in the rectum—I was not keeping out of the way of my creditors—I had no creditors at that time whom I am unable to pay—I was not insolvent, and am not now—I have not an execution in my house at this moment, and never had one—I had not an execution in my office while the prisoner was there; I am quite certain of that—in October last my landlord distrained for his rent, and I paid the expenses and signed a paper, as be wanted the middle office—he distrained because I had not paid him—I had been away from my office from 28th November—that was the last time I was there—these goods were from Messrs. Walmsley, of Paris—I had ordered them—I did not know to a day or two when they were to arrive, because the order was divided—I had had one portion on 26th November, and shipped them on the 28th—I heard that the goods had arrived three days before 15th December, the last time I saw the prisoner—I never have any goods arrive at my premises—I heard they had been delivered, from the clerk at Hambro'-wharf, Mr. Dear—I did not give any direction as to their being shipped or re-shipped—I called at Hambro'-wharf to make a complaint about the previous case being so long on the road, and to say I expected a out in two or three days, and Dear said, "Why you had some case here yesterday, and your clerk came down and signed an order for the goods"—I said, My clerk! I have no clerk," and he showed me the paper—that was about 4 o'clock on 12th December—I wrote directly to Messrs. Broadbent's—the clerk could give me no more information about the goods, except that they had been signed for and taken up to Aldersgate-street—we went to Aldersgate-street, but did not find the goods there—I did not speak to the prisoner about the non-finding the goods—the paper was not his signature, but William Lees'; I could not take Martin for Lees—I went to consult the police first.
HENRY STEER . I am a warehouseman, of 5, Gutter-lane—I know the prisoner—in December last he called on me to offer me a parcel of alpacas—he said there were twenty-one pieces—I said I wanted a sample—he went
away, and came back again and said the goods were in the case, could I send for them—I asked him as to his position and authority—he said that Mr. Wells, his partner, was away ill, and he had the case to sell for him—I sent my porter to fetch the case—in bringing it down stairs he was stopped by the landlord, who said there was an execution against Mr. Wells for rent, and he should prevent the goods going out of the place—the prisoner came to me afterwards and said, through the foolishness of Mr. Wells he had not paid the rent, would I advance the amount of the rent; I did so, and got the case into my possession—I opened it, and found twenty-one pieces of alpaca, worth about a shilling a yard, about twenty yards in a piece; the value was somewhere about 40l. altogether—I did not purchase the goods; they were taken away from me by some porter; I don't know who.
Cross-examined. Q. Did the prisoner come alone? A. He came first with some one else—he was there three or four times—once or twice there was somebody else with him, a young man; I don't know his name—he came to act as interpreter; he spoke English—what I have told you now is what the young man said in English—the prisoner spoke some English.
JOHN BROADBENT . I am a worsted manufacturer and merchant, at Bradford—in December last I forwarded a box to Chaplin and Horne, containing twenty-one pieces of alpaca, and ten or twelve short pieces of velvet, value from 60l. to 62l.—I sent them by order of Walmsley and Co., to the address of Wells and Co., 35, Aldersgate-street.
Cross-examined. Q. Did you know Mr. Wells personally? A. I did not—I had never been to his office.
WILLIAM JAMES DEAR . I am clerk to Chaplin and Horne—in December last I received a case, and forwarded it to Wells, of Aldersgate-street, on 11th December—I gave a receipt—the detective has it—I did not see the book signed—my business is in the office—I should receive the case in the first instance, and then receive an order to deliver it—this is the delivery order (produced)—it is signed "H. Lees, on account of Wells and Co."
COURT. Q. Did you see the young man who signed it? A. Yes—I have not seen him to-day—he was alone—it was not the prisoner.
ALLEN JENKINS . I am in the employment of Chaplin and Horne—on 11th December, I delivered a case to Mr. Wells, Aldersgate-street—I have the receipt-book here—Lees has signed it—he is a young man—it was not the prisoner.
CHARLES HARKER . I live at 24, Queen-street, Kingsland, and am a porter in the employment of Mr. Steer—in December last, I was sent for a case to Mr. Well's—there was a charge made by the landlord of 7l. for rent—I gave them 7l.—I took the lid off the case; I did not take the goods out—I believe they were alpacas by the look of them.
COURT. Q. Who did you see at Aldersgate-street? A. A little man with whiskers and moustaches—it was not the prisoner—I don't know his name.
GEORGE ASTLE . I am a general-dealer and commission-agent—on 12th December, I was at Mr. Steer's warehouse, in Gutter-lane—I there saw some goods unpacked—there were eighteen pieces of black alpaca, two brown, and one blue—I bought them—the prisoner sold them on the part of Wells and Co—the invoice was made out for 37l. 8s. 4d., subject to a discount of 2 per cent.—18s. 4d., making the net money paid 36l. 10s.—the prisoner handed me this card as the card of Wells and Co.—I paid the amount to
the prisoner, and he signed the receipt—no one was present—I sold the goods again for about 43l.—there was no velvet.
Cross-examined. Q. Did you know the prisoner? A. No—I don't know where the goods are now—I called at Mr. Steer's warehouse, and he said, "Here are some alpacas; are they worth your notice?"—I said, "Yes; if I can buy them at a fair price"—he said the owner would be there, and when the prisoner came I supposed he was Mr. Wells, till he told me he was a partner of Mr. Wells', and that Mr. Wells was at home in bed of a fistula—he spoke in broken English—I paid in bank notes and gold.
WILLIAM RICHARD SUTTON . I am a carrier, at 36, Aldersgate-street—Mr. Wells has an office on my premises—on 12th December last, I remember refusing to allow a case of goods to go out—I stopped them for rent; the amount was paid, and the case allowed to go—I have seen the prisoner pass up and down our staircase—I can't say that I have seen any other man with him—I did not see the prisoner there the morning I stopped the case.
Cross-examined. Q. Do you recollect when Mr. Wells ceased to come to his office? A. I do not—I had not seen him for about six weeks or two months before I stopped the case—if he had been there, I might have met him on the stairs—the rent was due in September—I had seen him to ask for the rent—some arrangement was entered into.
GUILTY .— Four Years' Penal Servitude.
John Mark Bull, a detective officer, stated that the prisoner had been for some time past, connected with swindlers.
MR. DICKIE Conducted the Prosecution
SOESMAN ABRAHAMS . I am a grocer, at 41, St. Mary-at-Hill—about seven months ago I engaged the prisoner as a commercial traveller—he was to sell goods on my account, and they were to be delivered in my name—he was not to deliver any of the goods himself or to receive the money, but if he did receive money, he was to bring it to me immediately—it was his duty to enter the orders in my book, and I paid him his commission whether I received the money or not—I remember his bringing an order to me from Mr. Leach—I have the book here—it is entered in his own handwriting—I sent the invoice for that order—my clerk called on Mr. Leach—I got the balance of the money; the other 5l. the prisoner had received previously—he absented himself from my place after receiving that money—I afterwards found him in a public-house, and said I would give him into custody if he did not give me the money—he offered to pay me a sovereign, and to give me a duplicate, which I refused—I had no account with the prisoner—he was not authorised to hold my money in his possession, and pay it over to me as he thought proper.
COURT. Q. The order is, "Leach 16l. 13s. 5d."—you sent your clerk and got 11l. 13s. 5d., did you not? A. Yes; and Leach said he had given 5l. to the prisoner.
THOMAS LEACH . I live at 18, White-street, Southwark—about a fortnight back, I gave an order to the prisoner for five barrels of sugar—it was delivered on Wednesday, 1st April, and be called on me for 5l. in copper—I had not got the invoice then—he said he would send it by post the same night—he drew the 5l. before the invoice came—(Receipt read) "Memorandum of 5l. on account 2/4/63. W. A. Hann." (Stamped)—I paid that on Thursday afternoon, on account of Mr. Abrahams.
for the money, Mr. Leach said he had paid Hann 5l., and showed me the receipt.
COURT. Q. Did the prisoner pay you 2l. 13s. 4d.? A. He did, on account of money received for his employer—it was his duty to pay money over to me directly he received it.—he would pay it to me if was in, or Mr. Abrahams—I did not see him after that—he was taken into custody on Saturday night—Friday was Good Friday, and he was not there.
FREDERICK ANSLIP . I am assistant to Mr. Walmsley, a pawnbroker, of 155, High-street, Borough—on 2d April, the prisoner brought ten packets of copper, and wanted 4l. 10s. for them—he asked for gold, as he said he should have to carry the packets down to Rotherhithe—he gave the name of Andrews.
Prisoner to S. ABRAHAMS. Q. Was it not in January that you engaged me? A. It might be so; you had been there before, off and on for about six years.
The prisoner's statement before the Magistrate was read as follows: "When I received that 5l., I got the coppers exchanged for 4l. 10s. I went to the counting house immediately, and paid out it Mr. Oakley, the clerk; the sum of 2l. 13s. 6d. on moneys that I had previously received, and it was my intention to pay that money on Saturday last, and I did not succeed in getting it; it was not obtained under any fraudulent pretence, nor with any felonious intention on my part."
Prisoner's Defence. I have sent good out in my own name for Mr. Abrahams.
NOT GUILTY .
MR. DICKIE conducted the Prosecution.
GEORGE WICKERS . I keep the Green Dragon public-house, in High-street, Poplar—on the evening of 6th March, about 8 o'clock, the prisoner came to me and presented this note—he said he had to join the ship Bonnie Dundee the next morning at 7 o'clock, in the London Docks—(read): "Advance note for 5l. London, March 5th, 1863, three days after the Bonnie Dundee leaves Downs, pay to the order of Mr. James Harlow, 5l. 6s., on advance of wages. Patrick O'Connor, master; payable at 1, Leadenhall-street"—he said he did not want it all then—I presented it at 1, Leadenhall-street, and they said they knew nothing about it—they refused payment.
ALEXANDER CHRISTIE . I am in the service of Messrs. Linsay and Co., who are part owners of the Bonnie Dundee—the captain's name is Peter Connor—I put his name on the register as master—I know his writing—this advance note is not in his writing—this document is drawn by Mackay's, of the Black Ball Line.
THE COURT considered that there was no evidence against the prisoner.
NOT GUILTY .
MR. DICKIE conducted the Prosecution.
THOMAS SIMMONDS . I am a tailor, living at 98, White Horse-street, Stepney—I know the prisoner—on 10th February, he applied to me to cash this note for him, for 3l. 10s. (Read), "Seaman's advance note, No. 872, 12th February, 1863, three days after the Gladiator has left the Downs, pay to William Hann the sum of 3l. 10s. for advance wages. James
Thurston, master, payable at Collings'"—I have been to the place where the note is made payable, and payment was refused—the prisoner told me the ship was in St. Katharine's Dock, and was going away the next morning—that was not correct.
COURT. Q. How do you know that? A. There is no such ship according to the note—I have ascertained that by inquiries at the office—Collings refused to pay—they said it was a forged note—I have been told there is no such ship, and no such captain.
COURT. Q. How do you know that? A. I have the genuine notes here that were paid for the ship—I have seen Wallace write many times—I have seen him sign bills of lading—the Gladiator signed articles on the same day, the 10th of February—no other Gladiator signed articles on that day in London—I have not been to Collings' to know whether they have a Gladiator, but some one else has.
NOT GUILTY .
There was another indictment against the prisoner which was not proceeded with.
Before Mr. Recorder.
MR. DALEY conducted the Prosecution.
ELIZA CRUMP . I am the wife of Edwin Crump, of Hawthorne-cottages, Beulah-road—in March, the prisoners came and knocked at the door—I opened it—one stood on each side of the door—they asked if a person lodged there named John Smith, a gardener—Smith was close to me, on my right-hand side, and the other was a little way from me—I had a pocket on my right side, with a purse containing a half-crown, a sixpence, I believe, and three small cards, with my name and address on them, as a dressmaker—I also had a pocket-handkerchief in my pocket—I had felt my purse in my pocket a minute or two before, and missed it about two hours after the prisoner left—I had not taken it out at all—this is it (produced).
Cross-examined by MR. HARRY PALMER. Q. Is your cottage situated at the road side? A. Yes; I did not see a horse and cart—they told me they had brought goods in a horse and cart, for a man named John Smith, a gardener—this was after 2 o'clock, because my husband had gone from dinner—I did not think it at all strange that they should ask this question—there no steps to my door;—they talked to me two or three minutes—I suspected they had come to look into the house, and I filled the door way with my person, because the door opens into a room—the pocket-handkerchief was not taken from my pocket, only the purse—I knew it was there, because every time I walked it knocked on my knee—I could not say that I felt the purse when I went to the door—I suppose the handkerchief was uppermost—I am certain the purse was there after breakfast—I have a distinct recollection of it—there was only my husband and a little niece in the
house; no servant—no one had called that day—the door is never kept open—I saw the prisoners next on the Sunday evening, at the station-house at Walthamstow—there were no other people there, that I am aware of except policemen—I went there to identify the men—I heard that very day of the prisoners being taken—I don't know a Mr. Smith living at Walthamstow—the prisoners wished me good morning, and said they were very much obliged to me—they were very civil, and I tried to give them all the information I could.
NATHANIEL CLOVER . I am a labourer, living at Walthamstow—about 2 o'clock, on 5th March, I saw the prisoners and another man in a horse and cart in Grove-lane—I saw them drive near a plantation near where I was at work—they drove along the plantation very slowly—I then lost sight of them—on the following Saturday, the 7th, I found this purse and these cards about the middle part of the plantation, about five yards from where the prisoners went—they stopped once just before they got to the plantation, and then they drew along close—they all remained in the cart—I took the purse to the station—there was no money in it.
Cross-examined. Q. Are you sure it was on 5th March? A. Yes, a Thursday—I was inside the park fence—I could see over the fence, the road bends a little round—I know the prisoners are the men who were in the horse and cart—I had seen them loitering about before—the purse was on my master's premises—I heard that Mrs. Crump had lost a purse on the Saturday morning, and I went along the plantation and found it—I had no suspicion that there was anything wrong when I saw them on Thursday—it was a dog-cart they had—I had seen one man in the horse and cart about five minutes before they came up—the purse was found near the place where I lost sight of them—the place where I was working is in the neighbourhood of Mrs. Crump's.
FRANCES FRANKLAND . I am a single woman, and live at Stanley Villas, Beulah-road, Walthamstow—on the afternoon of 5th March, the prisoners came to my house and knocked at the door—I asked them to the gate at the side—they asked me if a gentleman lodged there of the name of John Smith—I told them "No" we did not take in lodgers—they asked me if I could direct them to such a person—I said I could not, as I did not know any one of that name—they wished me good afternoon, and said they were very sorry to trouble me—I went up stairs and looked out of window, and saw Brown speak to a man in a horse and cart, and then saw Smith go to Mrs. Cramp's house, which was a few doors on—I then shut the window, and did not see any more—the prisoners are the two men.
Cross-examined. Q. You did not lose any money? A. No.
MICHAEL HEHER (Policeman, M 354). On 5th March, I was at my house, at Leigh ton-street, Leighton, and saw three men pass in a cart—the prisoners are two them—I found they were making inquiries about a party of the name of Smith, under suspicious circumstances—I followed them to Walthamstow, and found them speaking to a woman at a door—I don't know who she was—I shut the gate when I went in, and said, "Gentlemen, what is your business here to-day?"—I was in uniform—they said, "We are commercial travellers, and we have a horse and cart waiting for us"—I said, "I shall take you in custody on suspicion of going to commit a felony"—Brown stepped back and hit me in the chest, and Smith hit me, and we fell over in the garden—I held Smith in custody—Brown was afterwards taken.
Cross-examined. Q. They asked for the name of Smith throughout, did they not? A. Yes.
CHARLES CARPENTER (Police-sergeant, N 2). On 5th March, I was in the Beulah-road, and saw Smith in the custody of the last witness, and Brown being held by two men—I searched him, and found a purse with 9s. 6d. in it, and a watch—I was present when Mrs. Crump identified the prisoners at the police-station.
The prisoners were further charged with having been before convicted of felony, Brown at this Court, on 1st February, 1858, and Smith at Newington, on 16th May; to which they both
PLEADED GUILTY.**†— Seven Years' Penal Servitude each.
Before Mr. Recorder.
JOHNSON PLEADED GUILTY .— Confined Twelve Months.
ROBERT REGINALD AUGUSTUS WOODFORD . I am a lieutenant in the marines, and have quarter at Woolwich barracks—the prisoners are servants to some of my brother officers—they had no business in my quarters—on 7th March, I left my quarters in charge of my servant, Joseph Hannan—there was a cash-box containing two 5l. notes and a sovereign, in a drawer, which was not locked—my name was on the notes—these are them (produced)—I found the box broken open on the following morning, and the notes and money gone.
JOSEPH HANNAN . I am servant to the last witness, and was left in charge of his quarters on 7th March—I went away for half an hour in the course of the day, leaving the key hanging outside the door—I had seen Johnson that morning in his quarters, opposite my master's, and I met him in the town between 4 and 5 o'clock with two or three bundles.
GUSTAVE HENRY . I am an outfitter, of Artillery-place, Woolwich—the prisoners came to my place between 7 and 8 in the evening—Johnson selected articles which came to 17s. 6d., and produced this 5l. note—I asked him if it was his own—he said, "Yes; I received it for wages from my master"—I asked him if this name, Mr. Woodford, was his master—he said, "Yes"—Fox said, "All right, Mr. Henry, you can take that bill upon my responsibility"—when I examined it Fox went out—Johnson took the articles, and left the name of M'Gowan—he asked me to bring the change to 13, Artillery-place.
Fox. Q. Is there any one who you could mistake for me? A. No, because you have had transactions at my place, and I knew you before you came to me—some time ago you bought some articles for your master.
JANE NATHAN . I am the wife of Alfred Nathan, who keeps an outfitter's shop at Woolwich—on 7th March, Johnson bought some articles, and paid me with this 5l. note—as he was going out I saw Fox looking in at my window—Johnson said to him, "Will you come and have a glass of ale, it is very near roll call," and he went with him.
WILLIAM YARDLEY (Policeman, 259 R). I took Fox, and told him it was for being concerned with Johnson in breaking open a cash-box, and stealing two 5l. notes and a sovereign—he said, "I know nothing about it"—on the
way to the station he said that he would tell the truth—on Saturday night he went to barracks, saw Johnson, and asked him to accompany him through the town, that he did so, and Johnson took out two 5l. notes, went into Mr. Henry's shop, and bought some things, but he did not know where he got the notes.
Fox's Defence. Johnson knows that I had nothing to do with it.
FOX— NOT GUILTY .
WILLIAM AUGER (Policeman). On Thursday, 5th March, I was on duty near Blackheath Park, and saw the prisoner about six yards from the entrance of Mr. Matheson's house—I suppose he saw me, for he dropped a bundle—I followed him twenty-five or thirty yards, stopped him, and told him he must go back, as he had just left something—he said that he had been there to ease his boots—I took him back, and found this bundle contraining two coats, with two backs in the pockets—I took him in custody, and asked his address, but he did not give it.
Prisoner. Q. Did you let me go round the corner? A. About fire yards round the corner—if anybody had put anything out at the door while I was away, I should not hate sees it—a person might have opened the door and put something out.
WILLIAM OWEN . I am errand-boy to Mr. Charles Matheson—on 5th March, Auger knocked at the door about half-past 7 o'clock, and I found these things in the lobby—they are my master's property, and had been hanging up in the lobby.
Prisoner's Defence. The policeman says that I dropped something, but he does not know what it was; the coats might have been put there while he was round the corner.
GUILTY .— Confined Six Months.
PLEADED GUILTY .**— Confined Eighteen Months.
633. JOHN BRADLEY (39), and GEORGE THOMPSON (24) , Burglariously breaking and entering the dwelling-house of Lucy Cockerton, and stealing therein 1 silver tea-spoon, and other articles, her property; to which they
PLEADED GUILTY .— Confined Twelve Months each.
Before Mr. Common Serjeant.
634. JOHN CHRISTOPHER (20), HENRY BAKER (19), THOMAS BUCHANNAN (22), and JOHN TURTLE (20) , Breaking and entering the dwelling-house of William Orchard, and stealing therein 4 watches, the property of Alfred Charles Thomas Martin.
MR. LANGFORD conducted the Prosecution.
ALFRED CHARLES THOMAS MARTIN . I live at 8, Royal-hill, Greenwich, and am a watchmaker—I only occupy the shop—the dwelling-house is occupied by William Orchard—on Monday evening, March 9th, about 7 o'clock, I wan in the shop, talking to Mr. Thomas—I heard a crash at the shop-window, and saw Buchannan taking some watches from the rail in my window—I ran to the door, and saw Mr. Thomas following him and three others—I found the plate-glass window broken, and missed three
watches, and one I have at home broken—four were taken from the window—they were worth from 10l. to 15l.—I had hung them up safe that morning.
WILLIAM HENRY THOMAS . I live at 36, Goswell-street, Clerken well, and am a traveller—on 9th March, about 7 o'clock, I was in Mr. Martin's shop; he said, "For God's sake run out"—I did so, and saw the four prisoners at the window—they saw me, and ran away—I followed them 150 yards, hallooing, "Stop thief"—they turned the bottom of Royal-hill, and when they had got twenty yards they all stopped, and passed the booty to one of them—I cannot tell which—I made a grab at one of them—he attempted to strike me, but I let go, and bobbed down—I do not know which that was, it was so dark—I know they are the same men, because I never lost sight of them—I saw Turtle throw the watches away at one of the houses, Mr. Collins, I believe—as he did so, he said, "There is another b—y watch"—I made a grab at two of the prisoners, but it was dark, and I could not say which—a person took them from me.
Baker. It is an untruth that you saw me with these men. Witness. I am certain of it—I never lost sight of you.
THOMAS ARTHUR . I am an outfitter's assistant of Reform place, East Greenwich—about 7 o'clock on this night I was near Greenwich Railwaystation—I heard a cry of "Stop thief!" and saw the prisoners stopped by several gentlemen—Mr. Thomas held Christopher, who passed three watches to Turtle, who broke them, and deliberately threw them into the garden of 2, Bexley-place—the gardener there took them to the station, and gave them to the sergeant—these are them—I rang the bell, and somebody brought a watch up from the area, and took it to the station.
Turtle. I never had the watches in my hand, and as for breaking them, I did not. Witness. You opened the watches, and wrenched the backs off like a piece of stick.
CHARLES WOODMAN . I live at 2, Blisset-street, Greenwich—on 9th March, about 7 o'clock, I was going down London-street, and heard Mr. Thomas coming down Royal-hill, hallooing "Stop thief"—I saw three or four persons running—they made a stop, and one seemed to be passing something to another—I ran after them, and stopped Turtle, who told me to come out of the b—y way—he got a crowd round him, and threw some watches away, which I think he took from his pocket—I saw the four prisoners there——Turtle said to me, "There goes another b—y watch"—he was in a rage because he had not got off—I did not hear Christopher say anything.
COURT. Q. Are you sure the other prisoners are the four persons you saw laid hold of by different persons. A. Yes; and the same that I saw running.
JOHN COLIN . I live at 2, Bexley-place, Greenwich—on Monday night, 7th March, I was in my house having my tea—I heard a smash, went into the front-room, and heard a violent ring at the bell—I answered it—Arthur came and gave me information—I went into the kitchen, opened the window, took up a silver watch from the area, and gave it to the policeman—my wife picked up this part of another watch (produced) under the sofa.
JAMES HASLEDEN (R 218). I assisted in taking the prisoners to the station—I told them they were charged with stealing the watches—they all said, "All right, master, I will go with you—I received a watch from Mr. Arthur, and some pieces of watches from persons in the crowd—the prisoners said that they all lived at one place, but would not say where—I had seen them together two hours before.
Baker. It is an untruth; I never saw you before. Witness. You are one of the men I had been watching—I saw you go to two jewellers' shops.
ALFRED MARTIN (re-examined). This watch is one of the four I missed, and these cases and pieces are parts of the others—there is a communication between my shop and the dwelling-house—the shop was originally the parlour—it opened in the same way then—a door at the foot of the stairs leads to the house, which is locked up with the house.
Christopher's Defence. I was coming from Greenwich, and hearing a cry of "Stop thief," ran to see what was the matter; and a gentleman caught hold of me and said, "This is one of them."
Baker's Defence. I came from Birmingham after work. I heard a cry of "Stop thief," and somebody said I was one of them. I do not know these men.
Buchannan's Defence. I was with Turtle and Christopher. I heard a cry of "Stop thief," and was stopped. I never saw Baker before.
Turtle's Defence. I was with Buchannan and Christopher, heard the cry, and ran up the road with the rest. Some one made a grab at me, and then another person took me. I never saw Baker before.
GUILTY .— Confined Fifteen Month each.
Before Mr. Common Serjeant.
ERNEST RICHARDSON . I live with my mother at Blackheath-park—on 17th March, I was on Blackheath with two young friends, at about 6 o'clock, looking at a kind of fair and some people shooting—I saw some man put his hand into my breast-pocket—he took it out and moved away—I and one of my companions went for a policeman, while Arthur Maddock followed the man—we could not find a policeman, and came back—Maddock went round one side of the enclosure, and we went round the other side, met the prisoner, and gave him in charge—I had a purse in my pocket, containing some foreign stamps—I did not lose anything.
ARTHUR MADDOCK . I was with the last witness, and saw the prisoner put his hand into Richardson's side pocket, and raise the purse—Richardson pat up his hand and caught it—the prisoner withdrew his hand, and went away—I am sure he is the man—I watched him while they went for a policeman.
Prisoner. Q. How did I put my hand to his pocket? A. You were at the right side of Richardson, and put your hand across to his left pocket.
Prisoner's Defence. I am innocent I am charged with another man's fault.
NOT GUILTY .
HENRY GEORGE NOYES . I live at Church-lane, Lee, and am a physician—on 5th February, I went to bed about half-past 11 at night—my house was then properly secured—about half-past 8 next morning, in consequence
of a communication made to my coachman, I examined my house; I found the back window of my drawing-room open, and kept open by a chair—it is a spring window—it was shut the night before, just before I retired—I examined the dining-room next morning, and found a variety of articles disturbed; two or three small boxes had been broken open, the cellaret had been opened, and a desk and work-box broken open—I went into my consulting-room, and found the papers thrown about—I missed these two pairs of boots and this coat (produced)—had seen them the day before, in the consulting-room—in consequence of a communication, from the Inspector, I went to Whitechapel and saw these things at the pawnbroker's—the boots are worth about 30s., and the coat 1l.—I missed also a small surgical instrument—my house is in the parish of Lee, in Kent.
GEORGE GENTRY . I am assistant to Messrs. Fryat and Sons, pawnbrokers, in Whitechapel-road—this coat was pawned there on 6th February, for 5s. by a woman who gave the name of Ann Davis—this (produced) is the ticket relating to it.
HENRY DAY . I am in the service of John Savage; of Whitechapel road, pawnbroker—this and another pair of boots were pawned there on 6th February; one pair for 12s., and the other pair for 9s.; one in the name of Ann Davis, and the other in the name of Ann Wood.
PORTER WILLIAM DUNNAWAY (Policeman, H 129). I took the prisoner on the 19th February, searched him, and found these three pawn-tickets (produced) relating to the two pairs of boots and a coat—he said he found the tickets with a great many more; the others he had made away with.
COURT. Q. Did you go to his employer's? A. I did—he was working at the London Docks—I understood from the foreman that he had worked there about four or five years, and was a steady, hardworking man, and very rarely absent from his work.
(The prisoner's statement before the Magistrate was here read, as follows:—"I am innocent of committing the deed. I have told the officer who the parties are that I have received the watch and tickets of A female, named Ann Davis, came in to my room; she gave me a, watch to sell, and the tickets for the coats and boots she brought to me previously to sell for her if I could get any one to buy them.")
NOT GUILTY .
637. WILLIAM WOOD was again indicted for breaking and entering the dwelling-house of John Bennett Smith, and stealing a watch, the property of Frederick William Smith. Second Count, Feloniously receiving the same.
MR. ROWDEN conducted the Prosecution.
FREDERICK WILLIAM SMITH . I live with my father, Mr. John Bennett Smith, at Kent Lodge, Lewisham, in the parish of St. Paul's, Deptford—I went to bed a little before 11 o'clock on the night, of 11th February and put my watch on the drawers—I left the door unlocked—the house was secured before I went to bed—the door, which was afterwards broken, was secured before I went up stairs—I was called by the servant next morning between 6 and 7—I found the top sash of the staircase window about 2 feet 6 inches up—that window is about 14 feet from the ground—there is a portico between the window and the ground—a person might get on to the window-cill that—I had noticed that window the night before; it was all right and fastened—there was a shaving, or piece, chipped off, lying on the window-cill, and the catch was pushed back—I looked at the back door, the screw had been taken out and the bar partly raised, but they had not succeeded in opening it—I last saw my watch when I got into bed—it was
gone when I got up, and my trousers had been taken down to the staircasewindow, and my purse, which contained 1s. 9d.—the breakfast room had been unlocked, and a chair placed under the window—this (produced) is the watch—the constable brought it to me at the office—I do not know on what day; I think it was, that day weak—my father gave 3l. 15s. for it.
HENRY SMITH . I am a labourer, and live at 5, Thomas-street, Backchurch-lane, 8t. George's-in-the-East—on 13th February, the prisoner came there to me, between 4 and 5 o'clock in the afternoon—Mr. Goodohild lives in my house—the prisoner said that he was speaking to Goodohild in the docks and that Goodchild had said I had been talking to him about buying a watch—I said, "Yes, I did a month ago"—he said "I have got a nice one to sell"—I asked him to let me see it—he said he had not got it with him, but would go and fetch it—he went away, and returned in about an hour and a quarter with this, watch (produced)—I eventually bought it for 2l., and the prisoner then went away—I went to his house two or three days afterwards, when I had heard that it was stolen, and told the prisoner so, and he said that it was a do of the parties where I went; that they wanted to do me out of it, but that he did not believe, it—he said, "They would have charged the watch on me, if I had not looked out"—I put it into the prosecutor's hands, and be gave it to Goodchild, with the agreement that he was to pay me 10s. a week till it was all paid.
COURT. Q. Did you know the prisoner before? A. I never saw him before—I work at St. Katherine's Docks, and he works at the London Docks.
SAMUEL GOODCHILD . I am a lighterman, and lodge with the last witness—I know the prisoner by sight—he has assisted in putting goods into the lighter at times—I say him on Thursday morning, 12th February, about 11 o'clock, on the North Quay—he said he had a watch to sell, and asked if I knew any one who, would buy one—I recommended him to the last witness, and gave him his address—I had told him some weeks before, that I knew a person who wanted to buy a watch,—I did not see the watch on this occasion—I went with Mr. Smith on the 16th the prisoner's house—Smith said that he had taken it himself, and that he had heard that it had been stolen—the prisoner said that it was, a plan of the, jewellers in Petticoat-lane, that if they could get hold of a silver watch they would change it for a metal one—I saw Smith hand the watch back to the prisoner, and the prisoner handed it to me—I kept it till the, 19th, and then gave it to Dunnaway, at Ordnance Wharf.
Prisoner. Q. How long have you known me? A. About six years—I peter knew anything wrong of you—I believe you have always borne a good character during that time.
PORTER WILIAM DUNNAWAY (Policemen, H 129). On 19th February, from information I received, I went to the last witness and received this watch—I also went, with another constable, to the house where the prisoner lived—I was in plain clothes—I found the prisoner in bed—I asked him if his name was Wood—he said, "Yes"—I told him I belonged to the police, and had come to speak to him respecting a watch that he had sold to Smith, of 5, Thomas-street, Backchurch-lane, that he had better be careful what he said, as I might have to give it in evidence against him—he said, "Yes, I sold Mr. Smith a watch"—I said, "Where did you get it?"—he said, "I bought the ticket of a man at mid-day last Sunday week, in Petticoat-lane, and I took it out of pledge in the Bethnal-green-road"—he afterwards said that he bought the watch of a man in Petticoat-lane, and gave him 2l. for it; that
he saw a man offering it for sale; that he looked at it, and saw it was worth the money; and happening to have the money with him, he bought it for 2l.—I said, "It's no use for you to tell any more lies about it; last Sunday week was before the watch was lost"—I told him he must dress himself and go with me to the station—on the road to the station, he said it was on Thursday at mid-day that he bought it—I said, "How is that, if you are working so regularly at the docks you cannot get out to buy things?"—he then said that it was in the evening that he bought it, when he went out to buy two flannel petticoats for his child.
Prisoner. Q. When you came up, was I fast asleep in bed? A. The other policeman went into the room first—I spoke to you for a minute or two before I told you what the charge was—you were quite awake and knew what you were about.
Prisoner's Defence. On the 13th, I was on my way to work at ten minutes to 6, when I met Thomas Davis, the husband of Ann Davis, who pledged these things. He said, "My wife has got a watch, if you know anybody that wants to buy a watch, she wants you to sell this watch." Mr. Goodchild had been speaking to me about this Mr. Smith that wanted a watch, and I said to Goodchild that day, "I think I have a watch that will suit that person you were telling me about." I went home early that afternoon, went to Mr. Smith's house, and asked him if he was in want of a watch. He said, "Yes, I am." I said, "Well, I am going home, and I will bring it round in an hour to you" When I went up stairs this Ann Davis was in my place talking to my wife. She said, "Mr. Wood, I have been waiting for you, for I have got a watch I want you to sell, if you can." I said, "I have been asked for a watch, and, if you like, I will take it round before I have my tea. I took it to Mr. Smith, and he gave me 2l. for it, which I brought back and gave to Ann Davis, and she went away. That is the whole truth. As regards the tickets, Mr. Smith came to my place, I think, on the 16th, on a Monday; Goodchild was in the room. Smith said he had been given to understand that this watch was stolen. I said, "No; I can't believe." At this time I had the tickets of the property, which turns out to belong to this other burglary. If I had known them to belong to that other burglary, should I not have burnt them instead of keeping them from the Monday till the Thursday, when the policeman came. If I had known myself to be guilty, I had plenty of time to abscond.
COURT to PORTER WILLIAM DUNNAWAY. Q. Did the prisoner say anything about this man Davis? A. Yes; he gave his name and the address, Green Dragon-yard—I went, and could find no such person—a man of that name had been living there, but he had gone way, just as this came about; after the prisoner was taken.
GUILTY* on the Second Count .— Confined Twelve Months .
PLEADED GUILTY .— Confined Nine Months.
Before Mr. Recorder.
MR. KEMP conducted the Prosecution.
EDWIN DAVIS MOORE . My father is the proprietor of the Railway Tavern, Blackheath, and I assist him—on the evening of 5th March, about 7 o'clock, I was serving in the bar—I saw the prisoner there when I went round to
light the gas—from the place where the prisoner was, he could have put his hand into the larder, which is in front of the bar—it is not large enough for anyone to get into—he was sitting close to the larder door, and it was open, and when I went round to light the gas, he was gently closing it with his elbow—I did not say anything to him—I lit the gas, and then saw he was gone—I went outside, took hold of him by the collar, and said, "What have you got under your arm?"—he said, "Nothing"—I detained him, and he dropped this ham, with the coat that was on his arm—I brought him into the house, and then missed a ham from the larder—he wanted to know whether we thought he could be guilty of such an action.
Prisoner. I have pleaded guilty to this once at Greenwich, and been sentenced.
MR. KEMP stated that the prisoner was sentenced to fourteen days imprisonment for this; that afterwards something was heard of him, the sentence was revoked, and he was sent for trial.
GUILTY .—The prisoner was further charged with having been before convicted of felony at this court, in December, 1859, sentence Twelve Months; to which he
PLEADED GUILTY.**— Six Years Penal Servitude.
ARTHUR DERMOTT . I am a bricklayer, living at Forest-hill, Sydenham—on Wednesday, 1st April, I missed from some building where I had been at work, some tools, two hammers, one chisel, a square, a bolster, and a had—these are them (produced)—there is no mark on them—this is mine—I have had it about eight years, and these two I bought of my brother—I have been constantly in the habit of using them—they were safe about half-past 6 on Wednesday evening.
JOHN KEEN . I am a general-dealer, at Forest-hill—about half-past 8 on the evening of 1st April, these tools were brought to me by the prisoner—he said he was going to leave his employment, and was going on the road, and wished to sell his tools—I gave him 6s. for the whole of them.
Prisoner. I met a man, and he asked me to sell the tools. This man only gave me 1s. 6d. for them, and 1s., for the hod. Witness. I gave 5s. for the tools, and 1s. for the hod.
ALBERT LIVINGSTON (Policeman, R 204). I took the prisoner into custody at Forest-hill, after following him with the prosecutor and Keen—he went into some new buildings—I went in there, and found him up a chimney—that was about 10 o'clock.
GUILTY .— Confined Six Months.
QUINTUS FERENBACH . I am a watch and clockmaker, and keep a shop in Blackheath-road, in partnership with my brother—on the afternoon of 4th April, I was in my parlour which adjoins the shop—I heard the noise of breaking a window, and went into my shop—the window was smashed, and I saw the prisoner running away—I ran after him a little way—a policeman caught him—I then returned to my shop, and missed these eight gold Albert chains (produced)—they were safe just before, and within reach of the window that was broken.
—on Saturday, 4th April, I was bringing some work home next door to the prosecutor's—I saw the prisoner distinctly come across the road, pull his right hand out of his coat pocket, and smash the window—he then put his hand through the window, took the chains together, and pulled them out—he then ran away—I cried, "Stop thief!"—he was pursued—I did not see him caught—I am sure it was him—I have known him for years.
JAMES BURDEN (Policeman, R 266). On 4th April, I was on duty it the police-station opposite the prosecutor's house—I heard the smashing of glass, and saw the prisoner put his hand through the window—I could not see what he took out—I immediately ran after him, took him, and he had these eight guards in his right hand—they were identified by the prosecutor.
The prisoner made a rambling statement, to the effect that he was followed about by men wherever he went, that he believed they Meant to kill him, and that he committed the offence with which he was charged in order to get the protection of the police.
COURT to EDWIN HOCKLEY Q. How was this window broken? A. With his fist—he put his cuff over, I believe, and pushed it deliberately through.
One of the Jurymen here stated that he had known the prisoner from a boy, and that he did not believe he was in his right mind.
NOT GUILTY on ground of insanity.
MR. RIBTON conducted the Prosecution, and MR. DALEY the Defence. The prisoner received a good character.
GUILTY on the second count .— Confined Four Months
MR. DICKLE conducted the Prosecution, and MR. SLEIGH the Defence.
GUILTY .— Confined Twelve Months.
Before Robert Malcolm Kerr, Esq.
MR. ORRIDGE Conducted the Prosecution.
CHRISTOPHER CHAPMAN CURTIS I live with my father, who is a baker, at No. 4, Franklin-place, New Cross—on Good Friday afternoon I was at Blackheath, looking at a stall, and felt my watch chain caught—I looked round, and saw the prisoner with my watch in his hand, trying to twist it off the chain—I had my watch before that in my waistcoat pocket—he did not succeed in breaking the chain, and I kept possession of my watch—I and John Jury, who was with me, followed him—he was stopped by a postman, and I gave him into custody.
JOHN JURY . I live at 28, Mason-street, New Cross, and was with Curtis on Blackheath on Good Friday, and saw the watch in the prisoner's hand, trying to twist it off the chain—he was prevented doing so, and ran away—I ran after him.
GUILTY .— Judgment Respited.
Before Mr. Common Serjeant.
PLEADED GUILTY .— Four Years' Penal Servitude.
PLEADED GUILTY .— Confined Six Months.
MESSERS. POLAND and MONTAGUE WILLIAMS conducted the Prosecution.
CHARLOTTE WALLIS . I live with my father, Thomas Wallis, of the Brick-layer's Arms, Lower Norwood—one evening between the 14th and 21st of March, the prisoner came there—I do not remember the date—she had a glass of spirits, and gave me a bad shilling—I put it between my teeth, tried it, and gave it her back—it was soft—I told her it was bad, and she gave me some coppers.
GEORGE SPARKS . I am a beer-seller, at Knight's-hill, Lower Norwood—on Friday, 13th March, the prisoner came to my shop and asked for a glass of ale—I served her, and she gave me a twoshilling piece—I tried it, to see if I could bend it, I thought I had not, and put it on the shelf—as soon at the prisoner was gone I detected it—I had given her the change, and she was very soon gone—I went to look for her, but did not find her—I put the twoshilling piece in a box on the top of the shelf, apart from other money, and a fortnight afterwards I gave it to a constable—on Saturday night, 21st March, the prisoner came again and asked for a glass of ale—I served her—she gave me in payment a bad twoshilling piece—I knew her as soon as she came in at the door—I told her it was bad before I looked at it—I saw it was bad when I did look at it—I went round to the door to keep her from going out, telling her I could not put up with this, I should give her into custody—I told her she had called upon me about a fortnight ago, and given me a bad twoshilling piece for a glass of ale, and that I had given her the change—she said she did not recollect coming before—I then sent for a constable—my wife was behind the bar at the time, and she said, if the prisoner would give back the change, and pay for the two glasses of ale she had had, as it was a busy night, we would let her go—she then gave my wife a good half-crown, and she gave her a threepenny piece back—I then told her to be off about her business, and never come there again—I kept both the bad florins—about a quarter of an hour after she left, a constable came back with her in custody—I gave him one florin on that day, and the other on the Sunday evening.
Prisoner. It was bad money, but I don't know how I came by it; I must have taken it in change.
JOHN LEESON (Policeman, P 175). In consequence of information, I stopped the prisoner on Knight's-hill, Norwood, and took her to the last witness house—I said to her, "I believe you have been passing bad money at Lower Norwood"—she said, "I have not been passing bad money"—I said, "You must come up and see"—I asked the landlord if he knew her—he said, "Yes; she has been trying to pass bad coin here"—I said, "Ain't you going to give her in charge?"—he said, "No; I don't like the trouble of it"—I said I could not let her so, and he then gave me this florin, and
afterwards this other one (produced)—the prisoner gave a false address—one shilling, a sixpence, a threepenny piece, and a halfpenny, were found on her.
The prisoner's statement before the Magistrate was here read as follows:—"I was not aware I had bad money in my pocket at all; it must have been put into my pocket on the night of the illuminations."
Prisoner's Defence. I must have taken it from some of the Jews in the lane where I get my living; I have been there for seven or eight years.
GUILTY .—The prisoner was further charged with having been before convicted of unlawfully uttering counterfeit coin, at this Court, on 3d March, 1862, in the name of Mary Ann Stewart, and sentenced to six months' imprisonment; to which she
PLEADED GUILTY.— Three Years' Penal Servitude.
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
JOHN FERGUSON . I am landlord of the Rose and Crown public-house, Long-lane, Bermondsey—on Friday evening, 27th March, the two prisoners came there together—Johnson asked for half a pint of ale, and gave sixpence—I gave her five pence change—they drank the ale between them, and left immediately—I put the sixpence on the side of the counter in the meantime, to serve another person—a minute or two alter the prisoners left I saw it was bad, bent it, and put it in my pocket by itself, and the next day gave it to the policeman—on the next day, Saturday, the prisoners came to my house again, and Smith asked for a pennyworth of gin, and gave me a sixpence—I detected it, and said, "This is similar to the one the old lady gave me yesterday"—she wanted me to return it—I would not, but sent for a constable and gave them both into custody—Smith gave a good shilling to my daughter, who came into the bar—I gave both the sixpences to the constable—I am quite positive the prisoners are the women who came on both occasions—they did not deny that they had been in the day before.
JOHN VIGORS (Policeman, M 137). I took the prisoners on Saturday, 28th March, and received these two sixpences from last witness—I asked the prisoners where they got them—they said that was their business—in Smith's band I found a sixpence and five pennyworth of halfpence, the change for the shilling, nothing else.
HENRY WILLIAM JACKSON . I am a tobacconist, at 47, Skinner-street, City—some time early in January, Smith came to my shop, and asked for a quarter of an ounce of Prince's mixture, which was five farthings—she gave me a counterfeit half-crown—I told her directly it was bad, and she said she was not aware of it—I asked her who she took it from—she said from her father—I gave her into custody, she was taken before one of the Aldermen at Guildhall, remanded, and discharged, I think, on 21st January—I gave the half-crown to Brett—I did not see anything of the other prisoner.
EDWARD CHARLES BRETT (City-policeman, 272). On 10th January, Mr. Jackson gave Smith into my custody, and gave me this half-crown (produced)—she was taken before the Alderman, and discharged, on 21st January—she said her father had given her the half-crown, and that he worked at the Nine Elms-station.
COURT. Q. You don't know whether that is true or not? A. She refused her address, but I found out where she lived, and asked her father about it
—he said he had given her no money on that day, for he had none himself—he does work at the Nine Elms station.
Johnson's Defence. I was not aware it was a bad sixpence. If I had been I should not have gone the next day to pass another.
Smith's Defence. I had just come out of the workhouse, and they had given me 1s. 6d. I came out on the Thursday, and was taken on the Friday night.
JOHNSON— GUILTY .*— Confined Twelve Months.
SMITH— GUILTY .— Confined Nine Months.
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
ANN TWIGDEN . I am a haberdasher in the Cornwall-road, Brixton—the prisoner came to my shop on the night of 5th February, and bought a yard of printed cotton, price 8d.—she gave me a florin, which I put in the till—there was no other florin there—I afterwards took it out, and found it was bad—no one else had been to the till but myself in the mean time—I put the florin on one side, and afterwards gave it to the policeman—on 17th February, the prisoner again came in towards the evening, and asked for a bonnet front, which was 6d.—I served her, and she gave me another florin—I scarcely had time to look at it—I told her of the former one, and she said, "If you will kindly give me the florin back I will give you a shilling which I have"—I incautiously gave it her back—I then fetched out the twoshilling piece I had received on 5th February, and showed it to her, and she said, "Oh, yes; this is a very bad one"—she gave her address as "Pike's or Parke's Road, Willis-terrace"—a tradesman close by came in at the time—I asked her to go with him to her address, but she refused—I then asked her if she had any objection to the policeman going with her, and I should be satisfied if she could explain it—she refused to go with the policeman—I then said, "Will you stay here until he goes to your residence?"—she said she had no objection to do that—the policeman went, and while he was gone she said she felt very ill, and asked me to give her a glass of water—I did not see her put anything in her mouth—I gave her the glass of water, and I observed her swallow something—there was a gulp in the throat, or something of that sort—I kept the first florin that she gave me—I asked her to give me back the one I had just given her—she searched in her pocket for it—she had it when the policeman came first, but it afterwards disappeared altogether—I gave her into custody.
Cross-examined by MR. WILLIAMS. Q. Are you not very nervous? A. I do not know that I am particularly so—I think I was rather flurried at the time, because I returned the twoshilling piece—she said she did not know the florin was a bad one when I showed it her—I cannot say the exact words—a tradesman was there all the time—he is not here to-day—he attended one day at the Lambeth Police-court—there was no swallowing till the water came.
SAMUEL BROWNSON (Policeman, V 199). I was sent for to Miss Twigden's shop on 17th February—the prisoner was there—I asked her what was the matter, and Miss Twigden told me the prisoner had presented her with a two-shilling piece, and likewise passed one on 5th February—I asked the prisoner where it was—she made no answer—I asked the prisoner where she lived—she said, "5, Wells-terrace, Park-road, Clapham"—I went there, and it was false—when I came back I said she did not live there, and she said I had not been to the right place—she then said that she lived opposite
Kennington Church—I knew that to be false—I asked her for the two-shilling piece, and she said she had given it to the lady to pay for the bad one that was passed on the fifth—Miss Twigden said she had not done so—I took her into custody—she complained of a pain in her throat, and asked for some water—Miss Twigden gave me the florin that was passed on the 5th—after the prisoner was examined she told me she lived at 1, Burton-buildings, Friar-street, Blackfriars-road.
Cross-examined. Q. Did you go to that address, and find it was quite correct? A. Yes.
SARAH HITCHES . I live at the Prince Alfred beer-house, Cornwall-road, Brixton—on Wednesday, 14th February, the prisoner came to my house and asked for a glass of ale, and put down a two-shilling piece—I saw it was bad, and told her so—she said, "Is it?" and I said, "Yes, it is a very bad one"—she took it and bit it, and said, "Oh, dear me, it is a bad one"—I said, "Do you know where you took it?"—she said, "Yes, she had changed a five-shilling piece"—I gave it her back—I thought she was a person in the neighbourhood, as she had been to my house before—she then paid me with a good half-crown, and went away with the bad florin—she had given me two-shilling pieces before.
Cross-examined. Q. And they were good ones? A. I never found they were bad.
GUILTY .— Confined Nine Months.
MESSRS. ORRIDGE and MONTAGU WILLIAMS conducted the Prosecution.
SARAH TOWNSEND . I am the wife of William Townsend, who keeps the Founder's Arms, Holland-street—on 3d March, about 2 in the afternoon, I saw the prisoners standing opposite our house, speaking together—they afterwards came in, called for half a quartern of gin and cloves, and paid 1s.—Organ gave it—I looked at it and found it bad—I said so—Burgess said to Organ, "Where did you get this from?"—Organ said, "I don't know, unless George gave it to me this morning"—I bent it and returned it to her, and she gave me a good one—I gave her change—they drank the gin and left together—my husband followed them.
MARTHA MATILDA WOODFINE . I am the wife of James Woodfine, of the Bear and Ragged Staff, in Upper Ground-street—on 3d March, about 2 in the afternoon. I saw the prisoners standing opposite our window—they came in, and Organ asked Burgess what she would have—Burgess said, "Gin and cloves"—Organ asked for half a quartern—I served her, and she gave we 1s.—I took it up and looked at it—Burgess saw me looking at it, and said, "I will take a pound-cake"—I gave it to her, put the 1s. on one side, and gave the change to Organ—just at that moment Mr. Townsend, the husband of the last witness, came in and requested me to look at my money which I had taken—I did so, tried it in the detector, and found it was bad—I told Organ it was bad—she asked Burgess where she got it from—she said she did not know—I said I should keep them there till a constable came—I noticed Organ move to the place where Burgess had been standing—the constable came, and I gave them into custody, and gave the policeman the shilling.
Cross-examined by MR. BESLEY. (For Burgess). Q. Did Mr. Townsend come into your bar? A. Yes; there were a great many other customers in
the bar—I served them as well as the prisoners—Mr. Townsend came into the private bar—the prisoners were in the public bar; there is a partition between them—Mr. Townsend could not be seen by them while he was speaking to me—Bunker, the potman, was in the tap-room; I called him to fetch the constable—he went to sweep out the bar, and found the shilling; but I was not there then, I had gone to put on my bonnet.
Organ. Q. Did not you put the 1s. in the till when I gave it you? A. No; you were the only two persons in the private bar—the other customers were in the public bar.
HENRY BUNKER . I am potman at the Bear and Ragged Staff—my mistress sent me for the constable—I fetched him—I came in at the front door, and the policeman went into the private bar—after the prisoners were gone I went into the private bar, and found this piece of black silk or cambric, with five bad shillings in it, wrapped up in a piece of paper—I took them to Tower-street station-house, marked them, and gave them to the police—I found them close against the partition—I had seen the prisoners in the private bar before that, but did not know who they were—they were standing close to where I found the money; it was close to the outer door.
ROBERT NEWELL (Policeman, L 177), On 3rd March, I took the prisoners at Mrs. Woodfine's—she gave me this shilling (produced)—the prisoners were searched by the female searcher—she took Burgess in first, then came back and said, "This is what I have found on her," and laid down two shillings, three sixpences, and 9d. in copper—she then took Organ, came out and said, "This is all I have found on her"—that was 1d.—Bunker then came in, and said, "Here is five shillings I have found in front of the bar, where they were standing"—they were wrapped in a piece of paper and silk—the inspector said to the prisoners, "What have you to say to this?"—Organ said, "I don't know, unless my friend here gave me them last night;" Burgess said nothing—Burgess said she lived at 28, Brandon-street, Walworth—I have been there; she is not known there—Organ gave no address; she said she had no home.
Cross-examined. Q. Did you take Burgess with you to Brandon-street I A. I did not; a young woman answered the door—there were three floors to the house, I think—there is not more than one Brandon-street in Walworth, that I know of—the female searcher said, when the prisoners were both present, "This is all I have found on them."
WILLIAM WEBSTER The shilling uttered is a bad one, and the five (bund in this piece of black silk are also bad; one of 1855, two of 1856, from one mould, and the same mould as the one uttered; and there are two of 1858, from one mould.
Organ's Defence. I am quite innocent; I was not aware they were bad. I know nothing about them.
ORGAN— GUILTY .— Confined Nine Months.
BURGESS— GUILTY .*— Confined Twelve Month.
651. GEORGE SMITH (26) , Stealing 1 chain, 1 eye-glass, and 2 lockets, value 6l., the property of Sarah Twohey, in her dwelling-house; also, 1 watch, 1 chain, 1 key, and 1 case, value 22l., the property of William Spencer, in his dwelling-house; also, 1 waistcoat, and 1 tablet, the property of Thomas Muggeridge; also, 1 watch, the property of Robert John Beasley; to all which he
PLEADED GUILTY .— Confined Fifteen Months.