CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD JUNE 8TH, 1863.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
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ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
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OYER AND TERMINER AND GAOL DELIVERY,
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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, June 8th, 1863, and following days.
BEFORE the Right Hon. WILLIAM ANDERSON ROSE, M.P., LORD MAYOR of the City of London; Sir GEORGE BRAMWELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; JOHN HUMPHREY , Esq.; Sir JOHN MUSGROVE, Bart.; THOMAS SIDNEY, Esq., M.P.; and Sir ROBERT WALTER CARDEN, Knt., Aldermen of the said City; RUSSELL GURNEY, Esq. Q.C., Recorder of the said City; BENJAMIN S. PHILLIPS, Esq.; EDWARD CONDER, Esq.; and JOHN SILLS GIBBONS, Esq.; Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
JAMES CLARKE LAWRENCE, Esq. Alderman.
FREDERICK FARRAR, Esq.
JOHN MACKRELL, Esq.
CENTRAL CRIMINAL COURT.
ROSE, MAYOR. EIGHTH 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, June 8th, 1863.
Before Mr. Recorder.
766. SIMEON HOWELL (27), and MARY BENTLEY (23), were indicted for unlawfully conspiring, by false pretences and fraudulent means, to enable Simeon Howell to have connexion with Louisa Hackett, she being unmarried, and under the age of 21 years. Second Count, for a conspiracy to enable one Zachariah Howell to have connexion with said Louisa Hackett Third Count, to enable divers persons to do the like. Fourth Count, conspiring to solicit, incite, and endeavour to procure the said Louisa Hackett to become a common prostitute, she being under 16 years of age.
MESSRS. SLEIGH and LEWIS conducted the Prosecution, and MR. PALMER the Defence. The particulars of this cote were unfit for publication.
THE COURT considered that there was no evidence on the first, second, and third Counts, and MR. PALMER contended that the fourth Count did not disclose any offence. THE COURT was of opinion that there was evidence to go to the Jury upon the fourth Count, and the question of law could be raised by motion in arrest of Judgment, if necessary. The Jury found the prisoner GUILTY on the Fourth Count.
On a subsequent day (Wednesday) before MR. BARON BRAMWELL with MR. RECORDER, MR. PALMER, in arrest of judgment, urged that this Count did not set out any facts which constituted an offence in law; it did not assert any fraudulent means, setting out those means, by which this matter was brought about; it merely asserted that what was done was done unlawfully; it did not even state whether the woman was pure or impure, or that anything more was done than to solicit her to become a prostitute; conspiracy might be made out in two ways, one of which might be by soliciting by unlawful means an act, not in itself unlawful, though it might be contra bonos mores to some extent; it was to charged here, but then no means were set out by which the woman was to be induced to do the act—See Bates v. Mears, 20 Law Journal, p. 59, Rex v. Gray and others; also, Rex v. Dalaval, 2; Russell, 686; and Rex v. Seward, 1; Neville and Manning, 561; upon these authorities, and for the reasons stated he submitted that this Count was bad. MR. BARON BRAMWELL (without calling upon MR. SLEIGH to reply) said, "I am of opinion, with the learned Recorder, that the Count is good. The argument of MR. PALMER is, that the thing to be brought about is not the subject of indictment, that it so; a common prostitute, while plying her unhappy vocation, is subject to be treated at a vagrant, under a particular Statute, but she cannot be found guilty of common prostitution; it is not
an offence at common law, out of this City, for a woman to be a common prostitute, but to my mind that it not the criterion, because there are many unlawful things that are not the subject of indictment or criminal proceedings of any kind; indeed MR. PALMER has referred to them. Suppose an attempt had been made by these parties to enforce an arrangement entered into by this young woman; undoubtedly she could have resisted it on the ground that the agreement to do so was unlawful, and we know very well that an action for the price of clothes or for lodging, given to a person for the purpose of carrying on this offence, may be resisted on the ground that they were furnished for an unlawful purpose, so that it is perfectly manifest that there are illegalities of which the law takes notice, although it does not consider them sufficiently grave to be the subject of indictment, or other criminal proceedings. That being so, it is alleged that there was a conspiracy by these two parties to bring about this illegal condition of things—then we have all the necessary ingredients according to the definition of the authorities cited by MR. PALMER, particularly that by Lord Denman; that a conspiracy to be indictable must either be a conspiracy to bring about a lawful thing by unlawful means, or an unlawful thing by lawful means; here is an unlawful thing conspired to be brought about by these defendants according to the statement on the record; it therefore appears to me that the indictment is good; it is not necessary to go further into the question to consider what is the difference between the case of a virgin, and one who is not a virgin; it is enough to say, that upon the ground I have stated, it seems to me and the learned RECORDER, that the indictment is a good one. HOWELL— Confined Fifteen Months. BENTLEY— Confined Six Months.
The following prisoners PLEADED GUILTY.
769. JOHANN ROBERT (27) , to a burglary in the dwelling-house of James Brownjohn, and stealing a coat, and other goods, having been before convicted at Aylesbury**.— Seven Years in Penal Servitude; and [Pleaded guilty: See original trial image.]
770. WILLIAM GROVER, alias BANNER , (17), JAMES GROVER, alias BANNER , (13), and THOMAS GROVER, (13) , to breaking and entering the parish church of Teddington, and stealing therein, 1 pulpit cover, 1 book, and other articles. The police stated that the prisoners had all been in custody before, and that they were not related.—William*, Confined Eighteen Months . James*, and Thomas*, Confined Three Years in Feltham Reformatory. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, June 8th, 1863.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and COOKE conducted the Prosecution.
JAMES BRENNAN . In consequence of information, I went with Elliott, and other officers, on Friday, 29th May, about 10 o'clock, to Chiswell-street—we waited for about an hour, and then saw the prisoner coming towards us apparently, in company with another man and a female—I gave Elliott a signal, and he seized the prisoner—I seized the other man—the female ran away—we pushed the men into a public-house—Elliott searched the prisoner, and in his pocket found a paper packet which he handed to me—it contained
these four counterfeit florins, and ten counterfeit shillings (produced), separately wrapped up in paper—we searched the other man, but found nothing, and he declaring positively that he knew nothing at all about the other man, and that he was not with him or the female, I let him go—the prisoner is known by the name of "Butcher Bill"—I said to him, "I have received instructions to pay attention to you"—he said, "You don't know me, Mr. Brannan"—I said, "You know better than that; I saw you at the Old Bailey when you were sentenced to twelve months"—he said, "That is right, Sir; and I can't deny having these on me"—when Elliott gave me this packet, he said, "Here, I have found this in his pocket."
WILLIAM WEBSTER . I am inspector of coin to the Mint—these four florins are counterfeit, and from one mould—the ten shillings are bad—two of them are from one mould, and three from another—they are wrapped up in paper to prevent them rubbing.
GUILTY . He was further charged with having been before convicted, upon his own confession, in November, 1861, at this Court, of uttering in the name of Robert Ridley, when he was sentenced to Twelve Months, to which he PLEADED GUILTY.— Four Years' Penal Servitude.
MESSRS. COOKE and CRAUFURD conducted the Prosecution.
JAMES BRANNAN .—In consequence of information, I went, about 7 o'clock on Saturday morning, 23d May, with other officers, to 5, Little Pancras-street—I found the street door open—it is a lodging-house—the prisoner has two rooms there—we went to the first floor, found the door closed, broke it open, and found the prisoner there in bed—I said to him, "Well, Mr. Horton, I have received instructions from the Solicitor to the Mint to endeavour to put a stop to your very extensive dealings in counterfeit coin"—he said, "What do you mean? What do you want? Who sent you?"—I said, "We come here with a search warrant, granted by the Magistrate, to search your place for counterfeit coin"—I called Leather's attention to some white metal which I saw amongst the cinders under the stove—some time after, Fyfe brought me this bag, containing seven florins and five shillings, separately wrapped in paper (produced)—the prisoner then became very excited, and said, "Perhaps the scoundrel who sent you here served me with them"—he afterwards expressed a wish to go up stairs—I said, "What is it you want from up stairs? you shall go up presently"—he said, "I. want my coat"—he then all of a sudden rushed up stairs—I followed him—he got into the room before me, and I saw Sergeant Elliott struggling with him for the possession of a coat—Elliott put his hand in the breast pocket and pulled out a paper packet—the prisoner said, "I never put them there—the packet contained eight counterfeit shillings, wrapped in paper—a narrow staircase leads from the room we found the prisoner in bed into the upper room, where the children were—the prisoner saw Elliott go up stairs.
Cross-examined by MR. GENT. Q. What time had you done searching? A. About half-past 8—we may have been there an hour and a-half; not two hours—I don't know that the prisoner works as a shoemaker—I don't believe he does—I found several reels of cotton, and a great many articles of almost every description—the prisoner told me the two rooms were his—it is a curiously-constructed house—there are two staircases; one leads up to the prisoner's two rooms only, completely divided from the other—anyone
can go up that way, there is nothing to stop them—I took a knife out of the prisoner's hand, that he was going to open—I did not let him open it—he was in custody the whole time we were there—there were three or four children lying on the floor up stairs.
MR. COOKE. Q. What is the size of the landing? A. Very small indeed, scarcely standing room.
JOHN FYFE (Police Inspector G). I accompanied Mr. Brannan and the other officers—I found this small bag on a ledge on the staircase, about two feet from the ground, and about three feet from the door—directly I found it I went into the room, and saw the prisoner, and a woman, and Mr. Brannan, to whom I handed the bag, which he opened.
Cross-examined. Q. How long were you there? A. I should think three quarters of an hour, not more—I should think I left a little before 8, as near as I can guess—other persons lodge in the same house—I searched the room—the prisoner was very quiet till he ran up stairs—he appeared to be very excited—he did not offer any resistance that I saw—I did not search the coat at all—the prisoner said, "Somebody might hare pot it there."
MR. COOKE. Q. Do you know anything of a knife? A. No; I did not see the prisoner with one.
ARTHUR ELLIOTT (Police Sergeant, G 13). I went with Brannan and other officers to the house where the prisoner lodged—on 23d May he was in the first floor front room—I went through that room to the second floor, and found three children lying on the floor on a bed—I found about 200 different articles, all new, in small packets, stationery, cotton, tape, sugar, fronts of bonnets, and something of every description. Mr. Brannan called to me, and said I should find a coat there, and to throw it down, as the prisoner particularly wanted it—I found a coat on the back of a chair in the room—I was taking it up, when the prisoner came up and attempted to get it from me—Brannan followed him up—I searched the coat, and in the breast pocket I found a paper packet, which I handed to Brannan—he opened it, and found eight counterfeit shillings—I then went down stairs to the first-floor room—I fetched a purse off the mantelpiece up stairs, at the prisoner's request, which contained 5s. in good money.
Cross-examined. Q. How long were you up stairs altogether? A. Between half and three quarters of an hour—Mr. Brannan came up—I don't believe he searched at all—Inspector Brannan also came up, but he was only there a few minutes—there were also two waistcoats there—I looked in the waistcoat pocket, and searched all the wearing apparel—I will swear no one else searched the coat except me—I should have searched it if it had not been called for—the prisoner seemed to be very much excited—he endeavoured to get the coat from me in a violent manner—when the coin was found he said, "I know nothing about them."
THOMAS LEATHER (Police Sergeant, G 6). I was with Brannan and the other officers—I examined the ashes of the grate in the room where the prisoner was, and found this white metal (produced)—I said, "This looks something like coining," and the prisoner said, "That is too soft for coining, is it not, Mr. Brannan?"
Cross-examined. Q. Did you go up to the other room at all? A. No; the prisoner objected to my going; he said he would rather Fyfe should go up—I should not think this metal is "used by plumbers; it is hard solder—I think it is the sort used for coining—I believe this house is let out in rooms—Mr. Brannan employs me in these cases—we do not have so much a case
on a conviction; it makes no difference whatever—we are paid our expenses.
MR. COOKE. Q. You are paid your expenses, like my learned friend and myself, whether the people are found guilty or not? A. Certainly; I have bad considerable experience in coining cases—this is the same sort of metal that I find in coining cases.
WILLIAM WEBSTER . The seven florins found in the bag are counterfeit four are from one mould, and two from another; the five shillings in the puree are bad; there are two of 1843 from one mould, and two of 1849 from one mould; the date of the other is 1820—the eight shillings found in the coat pocket are counterfeit; amongst them there are five of 1820 from one mould, and from the same mould as the one of 1820 in the purse—this metal produced is the same kind as the coins.
Cross-examined. Q. Which coins? A. All of them—it is the ordinary metal from pewter spoons used in making counterfeit coin.
Cross-examined. Q. When did you leave? A. Shortly after 8—when I went up into the top room I saw a sight which compelled me to come down stairs—there were three poor children without a bit of clothing or anything upon them, covered with vermin, and I went down stain to the prisoner and told him he was a scoundrel to lie in a comfortable bed, and let his children lie there like that—Elliott went up first—I did not search in the top room at all—the prisoner was very much excited—I heard something about a knife, bat I did not pay much attention to it.
MR. GENT called
THOMAS WILLIAMS . I am ten years old, and am the prisoner's son—I remember being in bed with my brothers and sisters on 23d May, what that man (Inspector Brannan) came into the room—he looked at a coat well—it was in a cupboard—the cupboard door was not locked—there was a bit of flannel to keep it shut—he put his hands in the pockets well and could not find anything—then he went out, and came up again and looked in it again—he left the coat on a chair, and went down again—then that old gentleman (Mr. Brannan) came up and looked in the fire-grate, and then went down again—then that one came up (Elliott), and then one with carroty whiskers—Elliott looked in the coat, and said he found something—I did not see what it was—he was alone is the room when he found something—he came up last—the one with the carroty whiskers came up before Elliott—he looked all over the room, and then went down again—all of them came up one by one and looked in the coat well, and could find nothing—Elliott came up last, and I saw him put his hand in the coat pocket quick, and pull it out again.
Cross-examined by MR. COOKE. Q. Did you see your father in the room? A. No; I did not see him come up—I have always been called Thomas Williams—I don't recollect being called Palmer, or Horton; that was my mother, who was down stairs—she has brought me here to-day—I go to school now and then—my father was away a long time ago—I recollect missing him for some time.
GUILTY .—He was further charged with having been before convicted uttering, at this Court on 8th July, 1861, in the name of Thomas Palmer, sentence Nine Months, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
OLD COURT.—Tuesday, June 9th, 1863.
Before Mr. Recorder.
MR. ORRIDGE conducted the Prosecution.
GEORGE WILLIAM SHELTON . I am a boot and shoe maker, of 14, Crispstreet, Poplar—on the night of 22d August my house was broken into, and a quantity of property stolen, ladies' and gentlemen's boots, kid skins and uppers ready for making, to the value of 50l.—I went with Mr. Leonard to the prisoner's house, about three months ago, while Simpson was under remand—I told him I had last the boots and shoes, and asked him if he had bought any such of a man named Yates—he said that he did not know him, and never had any transaction with such a man in his life—I found nothing there—I did not expect to.
Cross-examined by MR. CHAMBERS. (With MR. F. H. LEWIS). Q. Who was present at that conversation? A. Lambert, the policeman, and Leonard of the city-police—I asked the questions, and Lambert went for the purpose of hearing them—Everett said if we thought he had anything we might search his place, but I knew it had been searched before, and I did not do anything—his place was searched and nothing was found—I cannot say whether Lambert and Leonard assisted or not—I know Leonard was in the room—Yates has not to my knowledge been indicted for stealing this property; Simpson has—I gave evidence on his trial, and Yates was called as a witness—it was on 9th April, I believe—I had nothing to do with indicting Yates—I saw him about the Court this morning, and asked him how he did, that is all—I conversed with him when I was up to give evidence against Simpson, but not a great deal—he was six or seven times at the police-court, and I believe I have been a dozen times—I had conversations with him—I cannot say that I saw Yates conversing with Lambert at the police court, but no doubt he was; we all talked together—I did not see Leonard talking to him; he was about the court, but not on five or six occasions—I do not think I saw him more than twice, because I know he was ill—I was up there about four times—I do not know that I saw Yates talking with one policeman more than another—I think I have seen them just asking him how he did.
MR. ORRIDGE. Q. On each occasion that you have seen Yates, was he in the custody of a turnkey of Milbank? A. Yes—Lambert was near enough to hear what I said when I was searching the house.
JOHN YATES . I am a convict suffering ten years' penal servitude at Milbank—I was convicted of stealing boots and jewellery—they were not the produce of Mr. Shelton's robbery—I was taken on 8th December—previous to that I lived at 24, Wheeler-street, Spitalfields—I have known the prisoner twelve, fourteen or sixteen years, or it may be a year or two more—I remember some skins, Wellington boots, and three or four sorts of women's and children's boots being brought to my house between 12 and 1 o'clock by John Odin Simpson, who was convicted here (See Vol. 57,p. 783) Velveteen and Scotch Dick—they came in a cart, and I took them to Mr. Everett's, 60, Seal-street, Bethnal-green—he asked where they came from—I said, "From Mr. Shelton's boot drum. Bow-road"—he asked Velveteen what he wanted for them—he said, "30l."—the prisoner said, "That is too much, I will give you 23l. for them"—Velveteen said, "Yes, let him have them"—he examined
them—Velveteen, me and Simpson took them into his house, while Scotch Dick was outside minding the horse and cart—I received 1l. as my share—we left the goods at Everett's, and Scotch Dick and Velveteen said, in Everett's presence, "I think we have left the cash peter behind us"—that is a Japan box to keep money in—they went away in the cart, after I had my 1l., and I stayed in a coffee-shop in the Whitechapel-road, and then went home—Simpson called the prisoner Ben when we went to his house—he said, "Ben, I have got something that will suit you"—he said, "What is it?—he said, "Some kid skins, Wellington boots, women's Balmorals, and some children's."
Cross-examined. Q. A good lot of them? A. A tidy few—I did not count them—there was a vast quantity; I cannot lay the number—I have not seen Simpson since his trial, and do not know where he is—I gave evidence against him—he was not much of a friend to me—I have served two months for a carpet bag—I do not think there were eight indictments against me—I do not know how many there were—I have left my wife downstairs—I passed the compliments of the day to her, this morning, nothing else passed only about our children—she was indicted, but, poor girl, she never ought to have been in custody—she was not tried with me—Although I have only stolen a carpet bag, I have received a little property—I have been receiving stolen property, I should think, from three to four years, and my wife used to-take them to the fences—she used to carry them—I do not know whether she knew they were stolen—I never told her where I got them—I have not done business with Velveteen Jack, Simpson, and Dick many times: not years but months—it was half-past 12 or 1 in the night when the cart was driven up—I do not know whether Simpson or Velveteen drove it—I do not know whether Velveteen has been taken up—I do not know his real name—I have not appeared against Dick—I do not know his real name—I do not know Simpson's real name—he used to go by the name of "Pooh, pooh, or the handsome man of Shoreditch"—I was living at 86, Wheeler-street, when these things were brought to my house—I went to live at 24, Wheeler-street about 29th September—I do not whether it was Michaelmas day, but I know I was in there before October.
MR. ORRIDGE. Q. Have you talked with your wife about this case today? A. No; I was taken in custody on 8th December, and have had no opportunity of knowing about Velveteen or Scotch Dick—I used to send my wife with stolen property to Everett, Valentine, and to the Jew in Petticoat-lane—there were four men I used to do business with—burglary was never my part of the business; my part was receiving things that were stolen—I have taken things at various times to Mr. Everett when he kept a chandler's shop.
JANE YATES , I am the wife of the last witness—on the night of 22d August, when Mr. Shelton's house was broken into, Velveteen, Scotch Dick, and Simpson, who was convicted the Sessions before last, came to my husband's house in a cart with some boots and some skins—my husband was at home when they came—after they came they saw my husband—he and the three men went away together; I remained behind—when my husband came back he showed me a sovereign—I know the prisoner—I have known him many years—I have been to his house many times with my husband—I think I have known Simpson about twelve months—I can't say exactly for a month.
Cross-examined. Q. Was there a large quantity of boots and shoes? A. I believe there was—I knew that they had stolen them—we were at that time living at 86, Wheeler-street, Spitalfields.
JOHN ROSS . I live at 90, Wheeler-street, Spitalfields, and am a boot and shoe maker—I know John Yates who has been examined as a witness—I have known him eight or nine years; he is a boot and shoe maker by trade—I have known the prisoner six or eight years—when I first saw him, he was in the Rose and Shamrock, in Nicol-street, Bethnal-green—I have seen him at Yates's place several times, several times during the day.
Cross-examined. Q. Is Wheeler-street a great place for boot and shoemakers? A. There are three of us there, only two now—Yates was one—the other was a man of the name of Welch—the police never came and searched my house—they came and made inquiries—I think the first time they came was when the dressing-case was lost—I cannot give the date—it might be somewhere in the fall of the year; it might be September or October—Yates was a shoemaker—he made shoes and sold them—sometimes he had a few shoes in his window, sometimes he had none—it was the same with me, and the same with the third man—he does not make, he mends—I was never on Everett's beat—I have been a policeman—my beat was perhaps twenty or thirty yards from Everett's—it is five years since I left the police.
JAMES PHILLIPS . I am a bricklayer, and live at 8, Staple-street, Long-lane, Bermondsey—during June and July last, I was doing some repairs to the house 86, Wheeler-street—I know the witness Yates; he was living there at that time—I know the prisoner—I have frequently seen him in the months of June and July, at 86, Wheeler-street, at Yates's house.
Cross-examined. Q. Did Yates keep an open shop? A. Yes; he was a shoemaker—it was a shop that had boots and shoes in it—I do not know whether he sold them.
LEWIS LAMBERT (Policeman, K 311). On the 9th of April, I took the prisoner into custody in the Third Court, by order of Mr. Commissioner Kerr—I took him to the police-station in Fleet-street and searched him there—I found on him 3s. 2 1/2 d. and a knife—I asked him where he lived—he said at, "86, Seal-street, Bethnal-green"—that was his correct address—I told him he was charged with buying boots, and shoes, and skins, belonging to Mr. Shelton of Bow, where a burglary had been committed, to the value of 50l.—he said he knew nothing of it—he afterwards said if I could befriend him I was to do so—I told him I had nothing to do with it, I was only doing my duty—I asked him if he knew Yates, and I asked him if he knew Simpson—he said no; he knew nothing of them—he said that as to both—I told him I had information from Yates that he gave 23l. for the property—he said he did not, he did not know anything about it—next day I took him to the justice-room at Guildhall, in a cab—on the way he said to me that it was a bad job, and he hoped I should get him out of it, he would sooner pay the prosecutor 100l. than he should appear against him, and if I could do it, it would be a good job for me—I told him I had nothing to do with it—when we were at Guildhall he begged me very hard to try and do what I could for him—I told him I had nothing to do with it, I was only doing my duty—when I took Simpson, Everett was not present—I afterwards told him what Simpson had said—I told him that Simpson knew him; in fact, I asked him, "Do you know Simpson?"—he said, "No"—I said, "Well, Simpson has told me (the man that has had penal servitude for life) that you were the biggest fence in London"—he made no remark to that.
Cross-examined. Q. Did you ever state that anywhere before? A. I did, at Guildhall; I said that I told Everett that Simpson had told me he was the
greatest fence in London—I stated that before Mr. Alderman Humphery—I will swear that—I was sworn to my deposition, and signed it—(The witness deposition being put in and read, did not contain that statement)—I was examined twice—I did mention it at the first examination—some of the conversation I had with the prisoner, was in going from this Court to Fleet-street station—it was on the 9th of April that I took him into custody—the examination took place on the 10th—I remembered the first day, about the prisoner saying if I would befriend him I could get him out of it, but Mr. Lewis, who had the conduct of the case, knows they were so busy at Guild-hall that only a portion of the evidence was taken, the other portion was left for the next examination—I think it was Mr. Martin, the chief clerk at Guildhall, who took down my testimony, but I will not be positive—five witnesses were examined the first day—the first conversation I had with the prisoner was in taking him from this Court to Fleet-street; that was on the 9th; then I had conversation with him on the 10th—he repeated it each day, that I was with him, on the 9th and the 10th, and he begged mercy from me at Guildhall afterwards—he did not use the word "mercy"—he begged hard for me to befriend him if I could—he repeated it over and over again, on the 9th, the 10th, and the 15th—that was the first remand, and he did also on the second examination—he mentioned about Yates at the first conversation, on the 9th, not afterwards—the prisoner was remanded three or four times—I did not make any memorandum of the words of the conversation—it was from my memory that I spoke—the conversation I had with him on the 9th, was about half an hour long—on the 10th, it was in the cab, going from Fleet-street to Guildhall—that would take twenty minutes, I dare say—the conversation on the 15th was about a quarter of an hour—Inspector Bond was with me on the first occasion—he heard a portion of the conversation at the station; not what passed on the way there; he was behind us—I subpoenaed Everett at a witness on Simpson's trial—I knew his address without asking him, but it is our duty when we take a prisoner to the station to ask their address—he was not called on Simpson's trial—he was in attendance when I took him into custody under the subpoena that I had given him.
MR. ORRIDGE Q. You have said that the prisoner asked you several times to befriend him; what state was he in at that time? A. He was perfectly sober—he trembled like a leaf—he was frightened—he wanted me to get him out of it; to befriend him if I could—I told him I had nothing to do with it; it was my duty that I was doing.
JOHN BOND (Police-inspector, P). I went with Lambert and the prisoner to the police-station, when he was taken into custody in the other Court—I heard the charge read over to him—he turned to me and said, "What will be the consequence, supposing I could turn it up"—I said, if he could give me information that would lead to the recovery of the property, I would take it, and act upon it—he said, "You had better see Mrs. Sheen, of Seal-street"—he then said, "I should like to see my wife first"—I saw his wife—I have not seen Mrs. Sheen—I called at the prisoner's address, 60, Seal-street, three times by appointment, to see Mrs. Sheen, but I never could see her.
COURT to LEWIS LAMBERT. Q. Did you go at any time with Shelton to search the prisoner's house? A. I did; with one of the City detectives—I asked him if he had bought any boots belonging to Mr. Shelton—he said be had not—he said, "You can search my place if you like"—I had not a search-warrant, and he said, "I will voluntarily do it for you; I will open
every drawer in the house," and he did do so—I asked him, and so did Mr. Shelton, whether he knew Yates or Simpson, and he said, "So help me God, I do not know either of them; I never did in my life."
MR. CHAMBERS. Q. Was that after you had had the third conversation that you have mentioned? A. No; it was while Simpson was under remand, before the prisoner was taken into custody.
Witnesses for the Defence.
DR. THOMAS FORESHAW . I am a consulting surgeon, practising at 16, De Beauvoir-terrace, Kingsland-road—I recollect being called in to see a person who is now dead, of the name of Kendrick—this (produced) was a memorandum made at the time, the first time I was called to see Mr. Kendrick—it was 21st August, 1862—I think it was about 7 in the evening that I went—I had been sent for at an earlier period of the day—he was suffering from hemorrhage of the lungs—I saw the prisoner there—I prescribed medicine for Kendrick, and ice to be administered very frequently, with great regularity—I requested that some one should sit up with him during the night—the prisoner came in immediately afterwards—I repeated those directions in his presence.
Cross-examined by MR. ORRIDGE. Q. I suppose having given your directions you left? A. I did, shortly afterwards—I think I next saw Kendrick in about a week—I left instructions that I should be sent for when the medicine was exhausted.
MR. CHAMBERS. Q. Do you charge so much a visit? A. I do; half a guinea, and sometimes more.
MARY ANN KENDRICK . I reside at 10, Lower Pelham-street, Spital-fields—I am a machinist—I am the widow of William Kendrick, who died on 25th October last—he was a very great sufferer—I recollect his being attended in August by Mr. Foreshaw—he had a bleeding of the lungs—Mr. Foreshaw said that some one must sit up with him the whole of the night, for he was in a dangerous state—I sent for Mr. Everett, and he came and sat up with him—my husband wished some one to sit up with him—we were to apply cold fomentations to his chest, and give him medicines, cold cloths were to be used, not ice—it was to stop the bleeding—I sat up with him also—Mr. Everett remained, and sat up with him the whole of the night—at times he applied the cold fomentations, and at times I applied them—he went away between 7 and 8 in the morning—I am quite certain he did not leave the house between the time Mr. Foreshaw left, and 8 in the morning.
Cross-examined. Q. What was your husband by trade? A. A paper stainer—he did not carry on business at home, he had a work-shop—we earned on no business at the house where we lived—I do not know Yates; I never saw him or his wife—(Mrs. Yates was called forward)—I have never seen her before; she has never been to my house—I never saw her in my life; I am quite certain of that—I am living in the house where my husband died; I have lived there ever since—my house was never searched; I can swear that—the prisoner is my brother-in-law—I heard of his being taken into custody soon after he was taken up, by the papers—I knew that he had to come to the Old Bailey on the 9th April—I did not know that he was taken that day; I only heard of it lately—I went to Guildhall the following day; I heard the examination—I heard him charged—I don't know that I heard the day stated particularly—I can't say whether I went again on 15th April, I went twice—I saw Mr. Lewis there, I believe, each time—I did not talk with him at all—I did not go to the third examination—I have no son; I have two daughters, little girls—there is no young man
living in my place—I swear positively that I never heard of Inspector Bond and Baldwin searching my house after this affair, nor before; I never had anybody search my house, never since I have been a wife—I don't know that they searched my house in January, nor at any time—I did not leave my house at any time in January; I left to go to my work, that was all—I locked up my house when I went to work—I sent my children to school—I work at 5, Sentry Street, Hackney-road—I am a boot-machinist—I went to work at 8 o'clock in the morning; and got. back at 8 at night—I have only one child at home now; the other one is at Margate—the one at home went to a school close by, three doors from where I live—I think it is No. 3; mine is No. 10—I am not certain of the number—they have not been to school lately—I can't say the name of the person who keeps the school—the child did not go there long, about a month, not longer—she was a day scholar—I left her there, directly she had her breakfast—she took her dinner and tea with her—she has not been lately, because she has been afflicted—they have both been to school since my husband's death—I have to be at my Work at 8; that is my right time, but they give me till 9 on account of my children—the one who is afflicted is 7; she walks on two crutches, and cannot assist herself—the other is 3—I leave off work at 8 in the evening—during the time I am out my house is locked up—I work for Mr. Power, of 5, Sentry-street, Hackney-road—I did not go to Guildhall to state this.
MR. CHAMBERS. Q. How long have you worked at this place? A. Since the death of my husband—no policeman or anybody ever searched my house—I live at what is called the Model Cottages—I live upstairs, and the person below looks after my place when I am out—Mr. Ware is my landlord—I have lodged there four years, ever since they have been built—I work as a sewing-machinist, and have done so since my husband's death—in his life-time I had him and my family to attend to; he was an invalid.
COURT. Q. Did the prisoner sit up with your husband more than one night? A. Yes; the next night, and several nights afterwards.
ELIZABETH KENDRICK . I am the sister of Mrs. Everett—I reside with my sister, Mrs. Kendrick—I was at their house when Mr. Kendrick was ill, and when Dr. Foreshaw was sent for—I went to the prisoner's house and brought him to my sister's—I sat up with my brother that night—I flaw the prisoner there; I fetched him between 5 and 6 in the afternoon—I left my brother's bedroom between 2 and 3 in the morning, and the prisoner was there at that time—I heard Dr. Foreshaw say that my brother must have cold applications to his chest—Everett applied some of those—my sister sat up, and I sat up till 3 in the morning—I then went into a room adjoining my brother's bedroom to sleep—Everett had renained there from the time Dr. Foreshaw was there until I left in the morning; he was attending to my brother—I cannot tell whether he remained there after 3 o'clock; I went to deep—I got up at 6 o'clock next morning—Everett was still there then; he left between 7 and 8.
Cross-examined. Q. Were you living at your brother's at that time? A. Yes; Mrs. Kendrick was in the room all the time during the night while I was there, and Mr. Everett also—I have been living in the house ever since my brother's death, and before too—I am a brush-drawer—8 o'clock is my time for going to work in the morning—I always take my meals with me—it is in the Cambridge-road, about a mile from my brother's house—I leave at 8 in the evening—we have no servant—my sister has. two children; no one is left in the house when we go to work, only the
children, and they are not in the house—my sister takes the little one with—her; the other is a cripple, and is now in the infirmary at Margate; she went there about four weeks ago—my brother had been ill for several weeks before this—Everett, my sister, and I sat up with him the next night; the next night my sister sat up with him, not me—I sat up with him till late in the morning, and then I went to bed—I don't know who else sat up with him the third night—I don't recollect what time I went to bed that third night; it might have been 11, or better; I can't say—I left my sister-in-law sitting up with him, no one else—I can't recollect about the fourth night—no one assisted my sister-in-law in sitting up that night, to my knowledge—I remained in the house—Everett frequently came in during the day to see how he was going on, and he sent the servant several times to inquire—her name is Sarah, I believe; I don't know her other name—I don't know whether she is here; I believe she is in court—I have seen her—I cannot remember when Everett came again to sit up after the second night.
MR. CHAMBERS. Q. Do you recollect the doctor ordering the cold fomentations? A. Yes; I am quite sure that on that night Everett sat up with my brother—I work for Mr. Ashburnbam, of 31, Cambridge-road, brush-manufacturer, and have done so for four years regularly; I have never left—I went to live with my brother and sister at the model cottages upwards of three years ago—my brother died on 25th October; he was suffering from an affection of the lungs.
COURT. Q. How far did Everett live from you? A. About a quarter of an hour's walk.
GEORGE HENEY LEWIS . I am a solicitor, in Ely-place—I attended on the prisoner's behalf at the hearing at the police-court—the management of the case was entrusted entirely to me; I exercised my best judgment and discretion at to calling witnesses before the Magistrate—acting under the dictum of the Lord Chief Baron Pollock I declined to do so; that dictum was, that where the Magistrate has expressed his determination to send a case for trial, and there are witnesses for the defence, it is not the duty of the prisoner's attorney, in fact, it is contrary to what he ought to do, to call them before the Magistrate—I had instructions from the prisoner to call witnesses.
Cross-examined. Q. He was remanded three times, I think? A. More than that; three times on this investigation—Mrs. Kendrick was brought to my office to take her statement, upon my wish to see her; that was almost immediately after the prisoner's committal; I sent to take her statement, and to have her subpoenaed—I had received instructions previous to that; I knew from Everett what she was prepared to say—I have seen a servant of Everett's, who was produced at Guildhall on the part of the prosecution, not on the part of Everett—I don't know whether she was living with Everett at the time this occurrence is said to have taken place; I don't know her name.
The prisoner was further charged with having been before convicted of felony at this court on 10th February, 1847; to this part of the charge he
PLEADED GUILTY.— Fifteen Years' Penal Servitude. (See New Court, Thursday.)
night—I saw that it was all securely fastened, and the doors bolted—I was aroused about 2 o'clock in the morning by a great noise in the rear of the premises, and cries of "murder," and "thieves"—I got up and went down stairs, and found the back door wide open, and the front door, which had been bolted and barred, had been opened and closed again—the bar was removed—the kitchen door was smashed open, a grating over the door had been taken up, and by that means they had opened the kitchen door, and got access to the house—the back of my house leads to a passage to some flatting mills and other places—I found no property taken—I found the prisoner in the custody of the police.
Cross-examined by MR. RIBTON. Q. Is the passage you speak of open to the public? A. Not that I am aware of; it is open to a certain hour of the night, and then it is closed.
JOSEPH WHITFORD . On 2nd June I secured the door at the back of Mr. Aaron's premises at half-past 10 o'clock—it is a passage leading to Mr. Brown's flatting mills, and in that passage, right and left, there is a house-door—between 1 and 2 in the morning I was called up by the police—I came down, and found the prisoner in custody of two policemen.
Cross-examined. Q. Do not people sometimes get into this passage? A. Not that I am aware of—it is a covered passage I have the control of the door—there is a lodger, who has a key to open the door—I had secured that door over night, and fastened it with an iron bar—I found it open in the morning.
WILLIAM BAKER (Policeman, G 81). On 2d June, about half-past 1 in the morning, I heard cries of "Police," and went towards Clerkenwell-green, and just as I was going past this door, in Clerkenwell-close, the prisoner was coming out of Mr. Brown's flatting mill—he was quite sober—I asked him his business; he said he had got some back premises there, and he had just been to close them up and see them safe—not believing his statement, I took him back into the passage, rang the bell for the foreman, and asked him if he knew the prisoner; he said he did not—while in the passage, I saw the prisoner put his hand in his pocket, as, if to shift something, and I heard something rattle—I took from him this jemmy, a knife, a chisel, a skeleton key, a pick-lock, and some lucifer matches—in order to get to that passage, he must have come through the prosecutor's coffee-shop, over a long wall, that in at the back door leading to the passage—there is a great bar across that door, fastened on the outside; that bar was taken down, and the door leading into the passage was opened, and thus the front door leading into Clerkenwell-close had been opened from the inside.
Cross-examined. Q. Did you find him in the passage? A. Yes—that passage leads into the flatting mill yard—I found all these implements on the prisoner—the jemmy was in his pocket; it takes to pieces.
JAMES HEMMINGS . I am a tailor, and live at 1, Clerkenwell-close—about half-past 1 on the morning of 2d June I was awoke by somebody passing over the roof over my head—I looked out, and saw two men on the top of Mr. Aaron's wall, in the act of descending into the area—I halloed out, and they immediately scampered over the water-closet into Mr. Aaron's yard, and from there into the flatting mills.
The prisoner's statement before the Magistrate was read as follows:—" I know nothing of Mr. Aaron's premises, nor yet the others. I was out last night, and got drunk. I found the passage door open, and I went in and slept there, and I found these things there."
GUILTY .— Confined Twelve Months.
— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
779. HENRY HILT (17) , to three indictments for forging and uttering receipts for the sums of 19s. 1d., 19s. 4d., and 1l., with intent to defraud.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
780. WILLIAM DAWSON (50) , to stealing 1 guard-chain, 8 coins, and 2 keys, the property of Henry James Giles, from his person, and to an assault on said Henry James Giles with intent to rob him.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
783. JOHN LEWIS (19) , to forging and uttering an order for payment of 15l., with intent to defraud.— Confined Eighteen Months ; and JULIUS LEWY (23) , to burglariously breaking and entering the dwelling-house of Jacques Roberts and stealing 1 purse, 1 watch, 1 chain, 1 eye-glass, and 1l. in money.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, June 9th, 1863.
Before Mr. Common Serjeant.
PLEADED GUILTY .
Mr. POLAND, for the prosecution, stated that Mr. Allnut, the prosecutor, did not wish to press for punishment, as he understood the prisoner was desirous of expressing his regret for what had occurred.— Fined 1s., and to enter into recognizance to appear for judgment when called upon.
MARIA GRACY . I am the wife of William Gracy, a dairyman, at Henry-street, Victoria-road, Stepney—on Saturday, 28th March, the prisoner came for a quarter of a pound of butter—she put down a crown, which I afterwards found was bad—I told her to wait a moment while I got change—she got on the step of the door, and said, "Is it a bad one?"—I said, "Wait a minute and I will let yon know"—she then ran away—I followed her, and gave her into custody, with this crown (produced).
Prisoner. I do not know her.
COURT. Q. Are you sure she is the woman? A. Quite positive; I saw her afterwards on the Monday, at the Thames Police-court.
THOMAS MARTIN (Policeman, K 379). The prisoner was given into my custody, with this crown, on 28th March—she gave the name of Martha Williams—I asked for her address, and she said she lived anywhere—she was taken to the Thames Police-court, remanded, and discharged—I am certain she is the woman I had in custody.
she placed them in a saucer which she had, and then passed a piece of money over the counter in such a manner that it roused my suspicion—she slid it along under her hand—as soon as the took her hand up I saw it was bad, I walked round the counter with it, and asked her if she had any more of these bad ones left—she said nothing, but ran out of the shop, leaving the saucer and the eggs—I went out after her, caught her, brought her back to the shop, and asked her to wait till I had served the other customers—while there she said she had got the crown from a gentleman who had got change at the Angel—on the road to the station she threw a saucer away—when the charge was being booked she said she had received it from some gentleman she had slept with in the Vinegar-grounds in the City-road—at the police-court she said she had received it from a girl who head got change for a sovereign for a gentleman at the Angel, Islington, and that the girl gave it to her to fetch the eggs—I gave the crown to the constable, this is it (produced).
CHARLES ADEY (Policeman, N 522). The prisoner was given into my custody by the last witness, with this crown; two halfpence and a purse were found upon her—she said she had no particular address—she gave the same of Mary Gardener.
The prisoner's statement before the Magistrate was here read as follows;—"I took it of a gentleman who changed a sovereign at the Angel, Islington, and paid for some port wine, and with whom I staid all night. I did not know it was bad"
GUILTY *— Confined Six Months.
PLEADED GUILTY — Confined Twelve Months.
PLEADED GUILTY — Confined Eight Months. MESSRS. CRAUFURD and ROWDEN conducted the Prosecution.
JOHN KEMPSTER , I am barman at the Rising Sun, Euston-road—on Tuesday evening, 12th May, about a quarter past 9, the prisoners came in together—Williams asked for three—halfpenny worth of rum and half a pint of beer, which came to 2 1/2 d.—she threw down a shilling, which I put into the till and gave her the change—they had two mugs, and each drank some—Williams then asked for two pennyworth of brandy in a bottle, and paid with another shilling, which I jinked on the counter—it was bad, and the barman told me to break it—I gave it to Turner, the barman, who broke it—I afterwards looked at the first shilling; it was bad, and I gave it to Turner—these are the pieces (produced).
THOMAS TURNHAM . I am barman at the Rising Sun—on 12th May I was serving a customer, and my attention was called by Kempster jinking a shilling—I did not like the sound of it, and told him to break it—he handed it to me, and I broke it—he said in the prisoner's presence, "I have just taken another from them"—he gave it to me—I broke it, and told the prisoners that the shillings were both bad—they made no reply—they asked for two pennyworth of brandy in a bottle, but the shilling being found to be counterfeit, it was taken back.
ALFRED COOPER (Policeman, S 179). On the morning of 12th May, about a quarter past 9, I saw the prisoners outside the Rising Sun—they were given in my custody on this charge—Williams said, "I was not aware they were bad"—I received these four half shillings from Turner—I searched
Stephens at the station, and found two shillings, four sixpences, 1s. and 3 1/2 d. in copper; and on "Williams, one shilling, eight sixpences, and 13 1/2 d. in copper, all good—Williams gave his address, 14, William-street, Hampstead-road, and Stephens, 19, Johnson-street, Tottenham-court-road—I went there, but did not find that they lived there.
Stephens Defence. I was not aware the money was bad.
GUILTY **.— Confined Eighteen Months.
PLEADED GUILTY .— Confined Nine Months.
MESSRS. POLAND and ROWDEN conducted the Prosecution,
WILLIAM BOTTING . I keep the Welch Harp, Hendon—on 7th May, about half-past 11, Hannen came and asked for three pennyworth of brandy and cold water—I gave it to him, and he put down a florin—I took it up and said, "This is a bad one"—he said, "Is it?"—I said, "If you put it to your teeth you will find it is"—he put it to his teeth and said, "Yes, it is; some-body has had me"—he put it in his waistcoat pocket, took out several coins, and among them a good florin, which he gave me—I gave him the change and he left—I went outside, and saw him walk away alone towards Edge—ware—I saw nobody join him—I called Mr. Brannan's attention to him.
Hannen, Q. Is there another Welsh Harp in your neighbourhood? A. Yes; the Lower Welsh Harp.
FRANCES HUNT . My father keeps the Chandos Arms, Edgeware, about three miles from the Upper Welsh Harp—about a quarter to 1 o'clock Hannen came and asked for 3d. worth of brandy—and—water—he gave me a half-crown—I gave him 2s. 3d. change, and put it in the till—there was no other half—crown there—just as the prisoner was going from the bar Knight came in and spoke to me—I went to the till, examined the half—crown, found it was bad, marked it, and gave it to Tuckwell, who was outside the door—Hannan was followed by the policeman.
Hannen. Q. What kind of half—crown was it? A. One of the Georges.
WILLIAM KNIGHT (Policeman, A 41). I am an inspector of lodging—houses—on 7th May, between 12 and 1 o'clock, I was on an omnibus, riding from London to Edgeware—I saw Mr. Brannan, a road—surveyor, at the Hyde, which is about two miles and a half from the Chandos Arms—he got on the omnibus, pointed out the prisoners to me, who were walking within two feet of each other, going towards Edgware—about half—an—hour afterwards I saw Hannen go into the Chandos Arms—I went in, and saw him drinking—I went round to the back of the bar, and spoke to Miss Hunt, who took half—a—crown out of the till—I said that it was bad, and gave it back to her—when I turned round Hannen was gone—I followed him with a constable named Tuckwell, and took him in custody in the Bull public—house—I found Day there, took him in custody, and found on him six bad halfcrowns, wrapped in paper between each coin, 1l. 2s. 10d.in silver, and 10d. in copper, good money.
ALFRED TUCKWELL (Policeman, S 31). On 7th May, Knight pointed out Day to me going into the Bull—shortly afterwards I saw Hannen come out of the Chandos Arms—he went towards the Bull, and I took him as he was about to turn into the yard, and told him I was going to take him for passing a counterfeit half—crown at the last public—house he came out of—he said, "I know nothing about it; I have not had any bad money"—I found on him two half—crowns, 2s. and 4 1/2 d. all good—I received this half—crown
(produced) from Miss Hunt—I took him to the station—Day followed shortly afterwards, and Hannan said, "I know nothing of that man"—Day was in Knight's custody, and I believe he said that he never saw Hannan before.
WILLIAM WEBSTER . This half—crown uttered by Hannan is bad; it is of George Ivy's reign, 1825; these six half—crowns are all bad; one of 1817 and one of 1825, are from the same mould as those uttered by Hannan; the other three are the Queen's, and from the same mould.
Hannan produced a written defence, stating that he received the coins in change, and did not know that they were bad, and that Day was a stranger to him.
GUILTY .— Confined Nine Months.
MESSRS. POLAND and ROWDEN conducted the Prosecution.
LYDIA PLAISTOW . I live with my father, who keeps the Swan, Kingsland—road—on Saturday, 7th May, Margaret Rouse came, and asked for a glass of ale and a cake—they came to 2d.—she gave me a shilling, which I put in the till—there was no other shilling there—I gave her the change, and she left—my father then spoke to me, and took a bad shilling out of the till, which he showed me—on Wednesday, 13th May, both the prisoners came—Alfred called for a pint of sixpenny ale, and put down a half—crown—I put it in the till—there was no other large silver there—my brother spoke to me—I went to the till, took out the half—crown, and after he had looked at it, I said, in the prisoners' presence, "This is a bad half—crown"—Margaret said something which I could not understand, took the bad one, and gave me a a good one—I gave the bad one to the man—my brother had marked it—this is it (produced).
Cross-examined by MR. RIBTON. Q. When you put the shilling in the till, did you look to see that there were no other shillings there? A. Yes; I do not know why I looked—I knew her—she had been there a great many times—a little girl who was with her ate the cake—when she came on the 13th, I recollected that she had been there on the 2d., but I did not think to look at the half—crown, because I was very busy.
JAMES PLAISTOW . I keep the Swan public—house—on Saturday, 2d. May, I saw the prisoner there with a little girl—my daughter served her, and when she left I spoke to my daughter, and went to the till immediately, and took out a bad shilling—there was no other shilling there—we keep the till clear on purpose—I put it in paper, and gave it to the constable on 13th May.
Cross-examined. Q. What was in the till? A. Only two or three fourpenny and threepenny pieces.
THOMAS JOHN PLAISTOW . I am a son of the last witness—I saw my sister serve the prisoners on 13th May—I saw her take the half—crown from the till—I marked it—this is it—I went for a policeman, while a friend followed the prisoners—I had emptied the till of all the big money about two minutes before they came in.
JOHN HAMMOND (Policeman, N 497) On 13th May the last witness pointed out the prisoners to me in Church—road, Southgate—road—I told them I was informed they had been passing bad money at Mr. Plaistow's, the Swan public—house—they denied knowing the name—I said that they were in custody—this was a quarter of a mile from the Swan—I took them back, and on the road Mr. Plaistow's son identified them—I searched the male prisoner on the spot where I apprehended him, and found 4s. 2d. or 4s. 4d.
and this bad half—crown (produced)—I asked the woman what money she had—she said that what money she had was in her hand, and produced 4s. 2d—Mr. Plaistow said that they were the parties who had just left his house, and that the woman was there on 2d May with a little girl—she made no answer to that—I received this bad shilling from Mr. Plaistow.
COURT. Q. You said before the Magistrate that the woman gave you four shillings and two pence? A. She gave a florin and two shillings—I meant 4s. in money—I am perfectly sure a florin was found on the woman, and not on the man.
Jury to LYDIA PLAISTOW. Q. What change did you give for the half-crown? A. 2s. 3d.—I did not give a florin, but two separate shillings.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution, and MR. WHARTON the Defence.
RICHARD DEFRIES . I live at 8, Linton—street South, Islington, and am a chemist and druggist—on 30th April the prisoner came for 1d. worth of pills, and gave me a sixpence—I examined it after she left, found it was bad, and put it on one side—on the 18th she came again—I knew her directly—she asked for 1d. worth of pills again—she gave me a bad sixpence—I walked round, closed the shop door, and sent for a constable—I said to her, "This is a very good one, very much like the other one which you brought, but I am too sharp for you this time"—she denied having been in the shop before—I gave her in charge, and gave the two sixpences to the constable.
WILLIAM (Policeman, N 57). The prisoner was given into my charge, and I received these two sixpences (produced) from Mr. Defines—she had two good shillings on her—I could not find that she was known at the address she gave.
The prisoner's statement before the Magistrate was here reed as follow:—"I am innocent of knowing anything about their being bad; I am indeed."
GUILTY .—Recommended to mercy by the Jury.— Confined Four Months.
THIRD COURT.—Tuesday and Wednesday, June 9th and 10th, 1863.
Before Robert Malcolm Kerr, Esq.
MR. LILLEY conducted the Prosecution.
JOHN MARK BULL (City—policeman). From information I received, I went with Baker, another officer, to Mr. Kirby's premises in Aldersgat-street, on Saturday, 30th May—he is a tailor, and the prisoner is a cutter in his employment—while watching, I saw the prisoner leave the shop about a quarter to 9 in the morning—he went to 14, Edmond's—place, Aldersgate-street—when he left I went in there and received from a man, named Rush-brook, these two pieces of cloth—I believe he is the landlord—he is a tailor, and works for Mr. Kirby—I then returned with Baker to Mr. Kirby's shop—Mr. Kirby, jun. was present, and the prisoner—I told the prisoner we were two detective police—officers, and he might consider himself in custody for robbing his employer that morning, of the materials for a waistcoat, and leaving them at Rushbrook's, in Edmond's-place—he said, "Yes; I have; I
know I have done wrong"—I told him he must accompany us to the station, and he said, "Mr. Alfred," meaning young Mr. Kirby, "they are only pieces I took to make up a waistcoat for my little boy."
ALFRED KIRBY . I live with and assist my father, Thomas Freestone Kirby, of 30, Aldersgate-street—the prisoner was in our employment as a cutter for about eight months I think—these two pieces of material (produced) belong to my father—they are both pieces of fancy coating—the prisoner had no authority whatever to remove such things—he had to go on the morning in question to Rushbrook's in Edmond's-place, to take a coat which he had cut out to be made—he had no authority to take these articles to Rushbrook's, or anywhere else.
Cross-examined by MR. COOPER. Q. Is Rushbrook employed by you? A. He is one of our workmen—he keeps no shop—he is a private worker—he knew the prisoner well, and knew him to be our cutter—one of these pieces is the remains of a piece of cloth which a gentleman brought us to make a coat of—it is not tailor's cabbage—it would not be put amongst the waste pieces; we should keep it for mending—the blue cloth is our own—we have more like it—this piece would make half a sleeve—we don't use it for lining coats—the value of it altogether is about 3s.—the prisoner's wages were 36s. a week—I believe he worked for Buckmaster at the West end before he came to us—he was a journeyman there, not a cutter—I am almost certain we have more cloth like this blue—I am not positive—I don't know the whole of our stock.
GEORGE RUSHBROOK . I am a journeyman tailor, at 14, Edmond's-place—on the morning of 30th May, the prisoner bronchi me materials to be made for a coat—these two pieces were tied up in the materials—he took them out, and said, "I will lay them on one side," and he did so—he said that one was out of Mr. Thomas' coat; I suppose one he had previously cut—he then went away—Bull came in almost directly, and I gave him these pieces which the prisoner had brought in—such pieces as these would not be put in as waste cloth—they were not required to make up the coat I had in hand.
Cross-examined. Q. Have you ever been a master tailor? A. No; I have been in the City seven years—I knew the prisoner quite well as working for the prosecutor—Mr. Kirby sometimes came to my house—he was apt to come in at any moment—the prisoner did not tell me to hide the cloth at all; nothing of the kind—as long as I have known him, I have always looked upon him as a respectable man—I did not know him at Buckmaster's.
NOT GUILTY .
MR. BESLEY conducted the Prosecution.
THOMAS CORBEY . I am a stonemason, at 11, Somerset-place, Hackney-road—on Sunday, 10th May, between 4 and 5, I was in the Barge-house beer shop with a friend of mine, named Sydney Underwood—I saw the two prisoners while we were there—there were four altogether—Gilks' brother was one of them—Underwood remained in, and I went out of the house at the back—when I got into the garden both the prisoners came out, and Huns said to me, "Young man, your friend has gone to the station; we are going too; you had better come with us"—I said to them, "Has he taken those flowers off the table in the parlour?"—we had some wild flowers there—they said, "Yes;" and I went with them down by the side of the water—when
we got a little way from the house, Huns was walking next to the water, and Gilks the other side—I had my watch in my left-hand pocket, and as I went along one of them, I do not know which, put their heel behind me and tripped me up, and Gilks took my watch—my friend then came up and said, "Have they got your watch?"—I said, "Yes," and he ran away after them—I lost sight of him at first, and when I saw him again all of them had crossed the water, and Underwood was on the ground, and Huns was kicking him on the head—I jumped into the water after them, and when I got across to him, I was very nearly as bad as he was—I said, "Have you got the watch?"—he said, "No;" and Huns came and hit me in the mouth—there were only three of them in the fields—one got away—we were about the fields perhaps two hours—we kept with them till we could find a policeman—we were in the fields between Tottenham find Edmonton, and when we got to Northumberland Park, Tottenham, I saw a policeman, and gave them in custody—before that Gilks gave me this silk handkerchief (produced)—I had it in the breast-pocket of my coat when I was in the garden—when I went into the garden I left Underwood in the house—Huns said my friend had gone to Edmonton Station, and I said, "What does he want to go to Edmonton for; because we have got a ticket for Tottenham."
Cross-examined by MR. RIBTON. Q. You all swam across the river, you say? A. We ran across—it was not deep enough to swim—it was about up to my chest—the prisoners would not go away from us—they might have got away if they chose—they said they would sooner be locked op than run away from me—I charged them with stealing my watch, and they denied it—I had not been drinking much—I might have been a little drunk—I had never known the prisoners before—I think my friend was all right—I don't think he was a little drunk—he drank the same amount with me—we drank nothing but ale and stout—we began to drink about 1 o'clock, and off and on till 5—I had some with my dinner—we were coming across a field when I first noticed the prisoners—I did not hear anybody call out to Huns, "Who's your hatter?"—he had a felt hat on, I believe—I and Underwood were not lying asleep on the grass—I never asked them to come with me—I did not say to Underwood, "Come on; we will go with them"—me and my friend got to Chingford-mill—I had nothing at all to do with the prisoners—they were a goodish bit off us—Underwood got on some private grounds there, and a young man came from a stable and called out to him to get off—Underwood did not go up and strike him, and threaten to throw him into the pond—I saw two other men come up—I did not hear Under-wood abuse them—when we were having the squabble with these men the prisoners came up, and that was the first time we spoke to them, I believe—that was before we went to the public-house—Underwood went in first—he asked the prisoners to have something to drink—I don't know that while they were there, the groom that Underwood had had the quarrel with passed the door—I said to Underwood, "There goes that Johnny you had them, words with just now"—nothing had been said about him before that—somebody told me he had gone by—I could not swear it was Huns—I then said, "I thought I saw him"—I did not then hear Underwood say, "I will be after him"—I will swear I went out of the house first—I did not go back again after that—I went to the water-closet—I did not ask the prisoners to wait for me—I did not hear a man at that time calling on them to take me away because I was so drunk—I believe one of the prisoners went behind me to put up my brace-button—I did not then ask them to see me
as far as Tottenham—after they told me that my friend had gone to the station, they said, "We are going too;" and I said, "Wait a minute, and I will come with you"—I don't remember being tick at all on that day—Gilks said that I had lent him my hankerchief to wipe my mouth, but he said at first he had not got it—I swear I was not sick on that day—I missed my handkerchief, and asked them for it, and they said they had not got it, till we saw a policeman—when I told Underwood they had got my watch, he said, "Give me your knife"—I gave it to him, and he ran after them with the knife in his hand, and they ran across the river—when I saw Underwood on the ground I did not see the knife—I said if they had got the watch, and would give it to me, I would let them go; and they said they had not got it.
COURT. Q. When had you last seen your watch? A. When I was in the closet—I had a chain round my neck, and they broke the chain off—this is the rest of the chain (produced), and I picked the swivel up on the ground—it was Huns who assisted, me to button my braces—he said, "Make haste; I will do up the back for you;" and he did up the back—I did not not see the other two till we got to the garden, and then they were all four together, and we all went along the river together.
SYDNEY UNDKBWOOD . I am a shoemaker, at 1, Frederick-place, Kingsland-road—on Sunday, 10th May, I was with Corbey at the Barge-house bear-shop, between 4 and 5—I had been in his company all day—before getting to the public-house I had seen the prisoners behind us some distance—I went in and had a pint of stout and a pot of ale, and then saw them outside the door—Corbey then went out at the front door, and Gilks' brother said to me, "Your friend has gone to Edmonton Station"—I said, "Well, I shall go after him;" and I went after him, as I thought—I got about 300 yards, and happened to meet a friend and looked back, and then saw Corbey and the prisoners alongside the river, just over the bridge—Huns was on one side of the prosecutor and Gilks on the other, and the other two were behind—I saw Gilks put his leg behind him, and try to throw him down—Gilks took his watch, tried to unscrew it first, and because he could not do it quick enough, he broke it—I went up to him, and said, "You have got his watch, and if you give it to me, I won't look you up"—he said, "I shan't"—I said, "Then I will make you" and I caught hold of his collar—he had the watch in his hand, and as I was looking after the other for a minute or two, he got away, ran along about twenty yards with the watch, and threw it into the water—it was quite light—it was not a knife he threw in—it was the watch—after that I ran through the river after them, and Huns kicked me directly I got across—I had two struggles with them, and kept them in view till they were given in charge—I said if they did not go I should give them in charge.
Cross-examined. Q. You were a little drunk, were you not? A. No; quite sober—Corbey was not any the worse for what he had; I am sure that he wag quite sober—I don't agree with him if he says he was a little drunk—I never had a knife in my hand—I never ran after the prisoners with a knife—I asked Corbey for a knife, but he did not give it me; if be did, I did not see it—if he has sworn that I had it in my hand, and that I opened it, and ran after the prisoner with it, that is not true—I got on tome private ground near Chingford Mills; a man told me to get off—I did not strike him and abuse him, or threaten to throw him into the pond—two other man came up—I did not abuse them.
MR. BBSLEY. Q. Was that all before you went into the public-house? A. Yes; I did not hear any row with a groom—I saw the groom.
JOHN CLARKE (Policeman, N 262). On Sunday, 10th May, about 8 in the evening, the prisoners were given into my custody—Corbey and Under-wood were there; they charged the prisoners with stealing a watch and a handkerchief—the prisoners said they were innocent of the charge, and knew nothing about it whatever—Corbey and Underwood were both perfectly sober when I saw them—Gilks said the reason they ran away from the prosecutor was because he had a knife—Corbey heard that—I did not hear him make any answer to that—nothing was said about Underwood having a knife.
Cross-examined. Q. But he did not say the word, "Prosecutor," did he? A. No; they said, "Him:" pointing to one of them—it may have been either of them.
MR. BESLEY. Q. Did you pick up any part of a chain? A. When the prosecutor came to me, the chain was round his neck—it was broken at one end; the swivel was not broken.
NOT GUILTY .
JOHN BALL . I am a plasterer, living at 10, Conduit-street, Long Acre—on Sunday morning, 17th May, about 2 o'clock, I met the prisoner in Aldgate—she spoke to me, and we went into the Chequer-yard, in Aldgate—she put her hand into my pocket—I did not feel her hand go in, but I felt it coming out—I had three halfcrowns, two florins, and some small change in my pocket—I directly put my hand to her breast, and 9he ran away—I ran after her, and she was stopped by a policeman—nothing was found on her then.
Cross-examined by MR. BESLEY. Q. Was this after midnight on Saturday? A. Yes; I met the prisoner in the street—I was going to see a friend in Spitalfields—I left work at 10 o'clock, and had about three or four pints of beer between that time and when I met the prisoner—there was no one in the yard when we went there; we were only there two or three minutes, not more—I took my money out in the yard to give her a shilling—I did not let any fall in the yard; if it had I should have heard it—I told her she had robbed me, and she ran away.
MR. COOPER. Q. Were you pretty sober? A. I was not drunk; I could stand as steady as I do now—I am a single man.
JAMES THREADGOLD (City-policeman, 559). A little before 2 on Sunday, 17th May, I saw the prisoner run out of the Chequer-yard, which is not a thoroughfare—I ran after her, and caught hold of her—I said, "What are you running for?"—she said, "What's that to you"—I saw her put her hand underneath the cape that she wears—she said, "I am d—d if I go if you don't let go of my hands"—the prosecutor then came up and said, "That woman has robbed me"—I said, "Of what?"—he said, "Three half-crowns, two florins, and some small change; I can't exactly say what"—with the assistance of another constable I took her to the station—she was searched by the female searcher in a private room.
Cross-examined. Q. Are you able to tell me whether she dropped any money during the time you were after her? A. I don't think she did; I never lost sight of her from the time she came out of the yard till I caught her.
MR. COOPER. Q. In what state was the prosecutor? A. He was sensible and perfectly steady, but he had been drinking; he was not sober.
MARIA CHAMBERS . I am the wife of Charles Chambers, and am female Marcher at Seething-lane Station—I remember searching the prisoner on this morning—we were alone—I stripped her; all her garments were off—I found that the money was in her person, and I wished her to give it me, or I should send for a surgeon—she said at first she would not—I called the sergeant to send for a surgeon, and during that time she said she would give me the money if I would not say anything about it, as she should get four years if she came here—she then moved, and the money fell on the floor—I picked it up; there are two halfcrowns, two florins, two shillings, and two sixpences.
The prisoner's statement before the Magistrate was here read as follows:—"Last Thursday, about half-past 1, I met a young man named George Evans, who had got discharged from the militia, and all he had got coming to him was 15s., which he gave to me on the Saturday night—I paid Mrs. Hester, of 7, Lambeth-street, a halfcrown, and she saw the money in my hand; and the money I had on me was the change I had in my possession when I was taken."
NOT GUILTY .
The following prisoners PLEADED GUILTY:—
796. JOHN ROAN, (27) , to a burglary in the dwelling-house of James Brownjohn, and stealing therein 1 watch, 1 watch-guard, and other articles, the property of Emma Brownjohn, Timothy Brownjohn, Henry Brownjohn, and John Stafford.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Wednesday, June 10th, 1863.
Before Mr. Recorder.
JAMES EGAN . I am a cabman, of 2, Back-hill, Leather-lane—I have charge of the key of a chapel there—on 21st May, about half-past 7 in the morning, I went to the chapel, and found a window broken, so that you could get your hand in and move the bolt of the door, and fasten it again on leaving—I found the door bolted—I missed part of a curtain—this money-box was broken, and the money taken away—this is a chapel and school.
ELIZABETH MARY LONGDEN . I live at 65, Turnmill-street, Clerkenwell, and show people to their seats in the chapel—I know this clock by the chips on it; it is the property of William Peter Bond, the officiating minister.
JAMES CHILD (Policeman, E 93). On 21st May, about 4 o'clock in the morning, I was on duty in Holborn, and saw the prisoner carrying this clock, curtain, and money-box—I asked her what she had got—she said she had got her little things, going to move, that the clock was hers, and she had had it thirty years—I asked her where she was going to take it to; she said to a pawnbroker's in Long Acre—I received 6s. 10 3/4 d. at the station from the female searcher—I asked the prisoner about it, and she said it was
her own—I told her it was all in copper, and comprised a fourpenny-piece and a sixpence—she said she lived at No. 7, on the first turning on the right in Farringdon-street; the Magistrate sent her there with me to show me the place, and we searched all about the neighbourhood, but could not find it.
Prisoner's Defence. I had been out selling oranges, and the money was my own; there was a lot of coppers in it, farthings I had the clock given me to pledge. I did not know it was stolen.
JOHN CHILD (re-examined). She told me that the clock was her own, and that her husband was dead.
She was further charged with having been been before convicted in May,1863; to which the PLEADED GUILTY.**— Confined Eighteen Months.
798. MICHAEL MURRAY (16), and RAPHAEL DUMAS (18) , Burglariously breaking into the dwelling-house of James Gow, and stealing therein 6 yards of silk, 1 coat, and 1 pair of boots, value 5l., and 6 1/2 d. in money, his property. MR. DALEY conducted the Prosecution.
JAMES GOW . I am a tailor, of 2, John's-place, Grosvenor-mews—on 21st May, a little after 11 o'clock, I shut up my house—next morning I camdown and found the window down, but not quite as I left it—I found this button (produced)in the window-sill—I missed a coat which had been hanging on a chair before the fire the previous evening, and other property, value 5l.—Murray was working in my employ, as a tailor, from the Monday previous to the Saturday night—I went to where he was at work in Gun-square Houndsditch—the coat he was wearing while with me was hanging on the back of a chair—I sat down upon it, and cut this button off, which is the same kind—the lower button was missing off the front of his coat, and I cut the second one off—there were also two buttons off the back—this is the coat (produced)—all these articles were safe in the house when I shut it up. ARTHUR GEORGE KING. I am pot-boy at the Bricklayer's-arms, Grosvenormews—on 21st May, just as I was closing the shutters, I saw Murray, with another lad, who was not near enough for me to recognise him—Murray asked me which was the back yard—I told him it was up the court—I then went in and shut the door—the prosecutor's house is up the court, John's place—Murray was placed with others at the police-station on Friday afternoon, and I picked him out.
CHARLES COLE (Policeman, 22 C). On 23rd May, I went to Houndsditch in plain clothes, and saw Murray at work—I said, "Your name is Murray!" he said, "Yes"—I said, "lama police-officer; I am going to ask you a question, you need not answer unless you think proper; do you know that gentleman?"—he said, "Yes"—I said, "You were employed by him?"—he said, "Yes"—I said, "Where were you last night?"—he said, "I was not out of the square"—I said, "Whose coat is this?" (Lifting the coat he now has on up from a chair)—he said, "Mine"—I said, "Did you wear that last night?"—he said, "Yes"—I held it up and said, "What have you done with these buttons?—he said, "I have not bad any there, I have only had this one on this two or three months"—I said, "Only this one when you were in the prosecutor's employment?"—he said, "No"—I said, "Consider yourself in custody for breaking and entering the prosecutor's house, with another"—he said, "Let me sew this first;" but he trembled, and could not—I said, "Where are you living?"—he said, "You have been so clever I shall not satisfy you"—he said that he had not been out the night before, but afterwards he said, "I did go up Holborn and round Lincoln's-inn-fields; I got home about 12"—I said, "Where did you sleep last night?"
—he said, "At a coffee-house in King-street, Smithfield"—he said at the station-house that he had no home, and slept in a court two or three nights—"The square" is Gun-square.
LOUISA GRAY . I live at 9, Grove-square, Houndsditch—Dumas has lived with me since he was six weeks old; he is a foster child—his mother is in a mad house—he went out on this night after he had had his tea—I went to bed about 12 o'clock—I do not know whether he had returned then as he sleeps up stairs, and anyone can open the door without a key—I am almost sure he was in bed, because he does not stop out late at night—on the Thursday before he told me that Murray had fallen out with his landlady, who lived two or three doors down, and asked me to let him sleep with him—I said, "Yes, if he is turned out,' and I think be slept there every night, but I do not know the dates—I found a bundle on the Friday, in the garret where they slept, just as I pulled up the bed—I ran down stairs and told a neighbour about it, and gave it to Mr. Leader on the Sunday morning—I could see that it contained a coat, it was all loose—I thought somebody might touch it, and put a piece of paper to cover over part of it—Dumas has been to sea twice.
WILLIAM LEADER . I live at 12, Gun-square—I received a bundle from Mrs. Gray on Sunday morning, and took it to Mr. Connell, 26, Change-alky—I never saw the inside of it; it was wrapped in brown paper.
MARY CONNELL . I live at 26, Change-alley, Lombard-street—Leader gave me a bundle on a Sunday—I took it to Mr. Gow about a quarter to 10 that night—it was in brown paper—I saw it opened in the presence of Mr. Gow and his wife and son—it contained one coat finished, three partly made, and this handkerchief.
Dumas's statement before the Magistrate was here read as follows:—" I was not with him all night I went up stairs at 11, and Murray said, "I may not be home all night," and I left him at a quarter to 10.
Murray's Defence. I know nothing about the clothes—I am innocent of the crime.
THE COURT considered that there was no evidence against Dumas.
NOT GUILTY .
MURRAY— GUILTY .— Confined Twelve Months.
799. RODERICK O'LOCHLIN (28), and ARTHUR HEWITT (30) , Burglariously breaking and entering the dwelling-house of Lord Chesham, and stealing therein 8 snuff-boxes, 8 watches, 4 chains, 1 miniature, and other articles, value 1,206l. 10s., and 1 seal, and 1 fusee-box, the property of Thomas Crosbie William Trevor, Baron Dacre.
MR. SLEIGH conducted the Prosecution.
JOHN UFF . I am steward's-room boy, in the service of Lord Chesham—on 13th May, about half-past 5 o'clock, I was getting up—I went down to the servants room, and saw two men through the window—I could not see their faces—I called the butler, who sprang a rattle—I saw one get out of the servant's hall, and the other in the act of getting out.
O'Lochlin. Q. How deep is the area from the leads? A. About four feet—it would take you about a minute to get from where I saw you to the leads—when you get out of the servant's hall you are in the area.
DAVID ALEXANDER CRANE . I am under butler to Lord Chesham—I was down stairs, heard a cry of "Thieves!" ran up to the leads, and saw two men in the back premises of the next house—I called, and asked what they did there—they turned round, and I saw their countenances—the prisoners are the men—Hewitt, I think it was, said that they wanted to sleep on the
leads—in an instant they climbed over the wall into the street—I sprang a rattle, and saw them in custody within five minutes—it is Wedderspoon's duty to lock up the house.
O'Lochlin. What time was it? A. About a quarter-past 5—you were just at the foot of the wall of North Audley-street.
Hewitt. Q. How far is the wall at North Audley-street from the house? A. Twenty-five or thirty yards—there is another lead between, the same as ours.
DAVID WEDDERSPOON . I am steward to Lord Chesham—I saw the lower part of the house closed on this night, and the doors bolted—the servants' hall was locked inside, and all the other windows were secure—I identify all this property (produced) as Lord Chesham's—these two articles are Lord Dacre's—I saw it safe about four hours before the robbery, at half-past 12 o'clock on the morning of the 13th, before I went to bed—it was all in the drawing-room except one article, which was in Lady Chesham's sitting-room, on the same landing as the drawing-room—the intrinsic value of it is between 1000l. and 1100l.
EDWARD ROULETT (Policeman, C 145). On the morning of 13th May, I was on duty and saw the prisoners drop from a wall into the area of 19A—I went towards them; they were getting over a low railing into North Audley-street—I attempted to seize Hewitt—he said, "Do not seize me; if you do, I will give you this" (A life-preserver)—he immediately made a furious blow at me, but I avoided it by stepping back—they ran off—I saw a young man with a horse and phaeton, and asked him to allow me to ride in pursuit of the men—he did so, and we drove down into Park-street—I jumped off and seized the prisoners—Hewitt dropped the life-preserver be hind him—I took them to the station, and found on O'Lochlin five watches-seven snuff-boxes, five caskets, six ornaments, one tray, one spoon, one ladle, one pocket-book, three knives, a fork, pair of scissors, and several other things; and on Hewitt three watches, six seals, three lockets, three snuffboxes, four cases, a miniature frame, anchor, and medal—the articles were nearly equally divided between them in their pockets, in the lining of their coats, and between their shirts and flannels—this large gold watch was inside his drawers—they got access from the leads of No. 19, where they dropped by a low area on to the roof of a house—the iron bars of the servant's hall are six or eight feet high—this rope was tied to them with which they had sprung the bars wide enough to admit a man between them, to raise the window, which was not broken—I believe it was open—they had drawn a screw from the staple of the lock, and passed into the passage of the house. O'Lochlin's Defence. It does not stand feasible that two men could have both been in two places at a quarter-past 5.
Hewitt's Defence. Could I get over a wall thirteen feet high, and run away down the street. I declare I never had anything in my hand.
GUILTY .—They were both charged with having been before convicted, and sentenced to Four Years' Penal Servitude, having then been before convicted; to which they PLEADED GUILTY.
O'LOCHLIN**— Ten Years' Penal Servitude.
HEWITT**— Fifteen Years' Penal Servitude.
MR. PATER conducted the Prosecution.
EARNEST PETER EBERHARD KROLL . I keep an hotel at 15, America-square—the prisoner came there on 3d September last, and occupied room No. 9, on the 3d floor—he remained seven days—he left on 10th September without paying his bill—he had a large trunk, a portmanteau, and a bag, when he came—he left the trunk and portmanteau behind him—I opened the trunk the day afterwards, in the presence of on officer—it contained stones, bricks, cinders, a lot of old shoes, and so on—on the day he left, some clothes were missed from room No. 7, occupied by Mr. Galen, of Vienna—I saw the prisoner in custody at the police-station, Seething-lane, in the beginning of April—my waiters bed-room is on the third floor.
Cross-examined by MR. DICKIE. Q. Where other people lodging on the third-floor? A. Yes; the house was full—the waiter has to attend to the door and to the lodgers as well—my door was not locked—I saw the prisoner going out with a small travelling bag, and spoke to him—he did not tell me that he intended leaving—the gentleman is in Vienna now.
JOHANN DIEDRICH FIDDELKE .(Through an interpreter). I live at 20, Lisle-street, Leicester-square—in September last I was a waiter at Mr. Kroll's—I slept on the third floor—the prisoner occupied No. 9 on that floor—the day after he left, I missed a black frock coat from my room; something similar to the one I have on now—I cannot say whether it contained a portrait, but I missed one of a little girl making some representation at the Alhambra.
Cross-examined. Q. How long before you missed the coat had you seen it safe? A. About fourteen days—the portrait was unframed—I slept by myself—the bed-room doors were not looked that day—there were about eighteen lodgers in the house, as far as I can remember—the front door was open in the day, but not always—I believe the prisoner carried out a package daily, not a bag—he called on me this day, before he went out, to say something to me—I do not know Yates, the convict, by that name—I saw a man at the police-court, in a yellow dress, handcuffed—I cannot remember seeing him calling on the prisoner—I cannot say that I recollect a shoemaker, a little short man calling on him—several parties called—some parties came and asked for him, but I cannot say who—I cannot say that I remember any parties going up to where he slept—I attend to all the persons in the house—persons can pass up the stairs without being seen by me.
JANE YATES . I am the wife of John Yates, and live at 1, Cumberland-street, Shoreditch—about the beginning of September, the prisoner called on my husband at 86, Wheeler-street—he came several times, but on one occasion with a bag, which I think was black, but I will not be confident of the colour—it contained men's clothes—there were plaid trousers and waistcoats, and some coats—he had some on him—I cannot say whether there were any coats in the bag—he brought them for my husband to buy them—my husband did not buy them; he fetched a man to buy them—I went with my husband when he took the clothes away, and the prisoner remained at our house—a Jew bought the clothes—I do not know what my husband received for them—the Jew was brought to our house to look at them—I do not know whether my husband fetched him or not—I went with my husband to take the clothes to Elisha at White Rose-court, Petticoat-lane—I do not know his other name—I saw the prisoner once with tome sheets of brown paper made up of what my husband called his fillings—he wrote a direction on it, and left it for my husband to take to the hotel, which was somewhere in the Minories, I believe, but no name was mentioned—fillings are old tops and bottoms of boots belonging to my husband—I cannot say exactly whether this was before the clothes were brought—I heard the prisoner
say that they had quarrelled about his being so long before he had done anything, but he could not, because the servant maids were so much about the house—a person named Simpson took the bundle to the hotel.
Cross-examined. Q. What sort of bag did he come to your house with? A. I think it was black—I should know it if I saw it—it belonged to a prisoner named Clements—I carried the bundle to the Jew with my husband—the things were disposed of—my husband came back without them—my husband would not carry them, so he took me, as the man would not pay the money till they were put in his house—my deposition was read over to me before I signed it—I said nothing about bringing a man to buy them, because I was not asked—I was sworn to speak the truth, and I spoke the truth—I believe my husband stated that—since my husband has been in prison I have seen him at the police-court repeatedly—there were many examinations at the police-court—I have never said that my husband was very anxious to get rid of the heavy sentence passed upon him, and was determined to lag everybody he could, so that he might get his sentence altered.
JOHN YATES . I am a boot and shoemaker—I formerly lived at 86, Wheeler-street, Spitalfields—I am now a prisoner in Millbank prison—I know the prisoner—a man named Simpson introduced me to him, and in the beginning of September he brought a waistcoat and trousers of drab, and a coat and trousers of light cloth, and asked me if I would buy them—I told him I would get a buyer for them—he said, "Very well," and I fetched a Jew named Elisha to my place, and asked the prisoner what he wanted for them; he said 35s.—Elisha said, "That is too much," and he gave me 32s. 6d. for them—I got half-crown for my trouble—the prisoner said that he had obtained the things from the American Hotel, America-square—I recognise some of these boots and shoes; this is one of my little girl's that I made her.
Cross-examined. Q. Where do you come from? A. Millbank—I am a convict there for ten years for receiving—I was here the session before last—I appeared as a witness against several persons—there was Grimshaw, Johnson, Walker, and Clowes—Elisha is not here—I mean to give evidence against him when he is taken, if it is required—I was out when Walker brought the clothes to my house, taking home a pair of boots to a customer—I found that Walker had brought the clothes to me—he said, "Jack, I have some nice clothes to suit you"—I saw them pulled out of a black bag, as near as I can recollect.
Q. Which is the correct version of the story, that in your deposition or that which you have told us to-day? A. I did not see much of the bag, because I went and fetched the clothes—it was a dark bag—it was after the clothes were out of the bag that I saw it—I did not know that I should be asked whether it was black or brown, but I know it was a bag—I did not hear what the other witnesses said, I was in a room by myself—I had some interviews with my wife at the police-court—there were three or four examinations there—I do not think there were eight or nine, nor half a dozen—I stated before the Magistrate about my bringing the Jew to my house—I said that I fetched a man named Elisha, a Jew, to buy them—I did not hear my servant's evidence—I do not know whether I have heard her give any evidence about Elisha coming to the house—my wife has not told me what evidence the servant gave—my conversation with my wife at the police-court and here was respecting my children—we had no conversation about my probable release at some early date—a sense of public justice has
brought me here to-day—I have been a receiver of stolen goods from three to four years on and off.
ANN ALTON . I live at 8, King-street, Stepney—I was about three months and a fortnight in Yates' service at 86, Wheeler-street—I do not remember in what month I left—I know the prisoner—I have seen him at Yates' house four or five weeks continuously—I remember his bringing a dark bag, with a light coat and some pairs of trousers light and dark—I did not see more than one coat—I think they were all in one bag—I did not see that he had my parcel or bundle—my master was not at home when he came, and he left the clothes there—on the Sunday evening a Jew man came and looked it them—I do not know whether he purchased them—I do not think he took any of them away—at the time the prisoner brought the clothes a man's portrait was taken out of the coat pocket—I had a look at it, and he had the same clothes on as those the German stole—there was a pair of black kid gloves, and he put them and the portrait in the fire.
Cross-examined. Q. Had you a good look at the portrait? A. Yes—it did not look very much like the prisoner—the clothes in the portrait were like those which the prisoner brought—the Jew came to look at the clothes on Sunday evening—they were brought on Saturday night, and he left them there—I did not see Mr. Yates take them away—a good many people came to Yates' house while I was there—I am quite certain that this was a light coat, and that the portrait came out of it—there was a glass to it, but no frame—I almost forget how the glass was contained—I left there about nine months ago, about two months before Christmas—I am sure it was the portrait of a man, and a good-looking man.
COURT to J. D. FIDDELTA. Q. What was the colour of your coat? A. Black.
JOHN ROSS . I am a boot and shoe maker, of 90, Wheeler-street, Spitalfields—I was formerly in the Metropolitan Police—I know the house where Yates lived—I have seen the prisoner there several times with a man named Simpson—it was at the latter end of June, or in July; I lost sight of him at the end of August.
Cross-examined. Q. How many persons have you come up to give evidence against here? A. This is the second one; one besides the prisoner—I was five years in the police—I was called upon to resign, but I had a testimonial, and had my character back.
MR. PATER. Q. How came you to resign? A. I would not own to a report which my sergeant wanted me to do, about drinking a pint of beer, and the Commissioners called upon me to resign—I had a testimonial to that effect.
JOHN BROOME (City-policeman, 156). From information I received, I apprehended the prisoner on 16th April, in Liverpool-street, Bishopsgate—I told him he was charged with committing a robbery at a hotel—he said that he should answer me no questions, and demanded me to let him go—I took him to the station, searched him, and found a purse and a penny, four keys, and a duplicate for a watch—he did not give his address.
E. P. E. KROLL (re-examined). This is the luggage brought by the prisoner on 3d September—(The contents were sticks in bundle, old boots and shoes, and bricks)—I several times saw the gentleman who has gone to Vienna wearing a light-coloured coat—I saw no portrait that he had.
MR. DICKIE. Q. Did you go over his clothes when he went away? A. No; he left eight days after this occurred—I have had an account sent in for what he lost, and have had to pay it.
NOT GUILTY .
801. HENRY ABRAHAMS (33) , Burglariously breaking and entering the dwelling-house of William Elderfield, and stealing therein divers coats, waistcoats, petticoats, and other articles, his property; Second Count, receiving the same. MR. DICKIE conducted the Prosecution.
WILLIAM PAYNE (Policeman, K 222). On Sunday night, 24th May, about 10 o'clock, I was on duty in Bow, and met the prisoner carrying a large bundle on his head—I asked him what he had got there; he said, "Only a few clothes that I bought at Stratford, at a house where I am in the habit of dealing"—I told him he must came to the station; be said, "All right, my boy, you need not be afraid of me; everybody knows me selling shrimps in the neighbourhood"—I took him to the station—the bundle contained a great quantity of clothes, six slips, four night jackets, a petticoat, and other articles—Mrs. Elderfield claimed them the second day afterwards—I examined the prosecutor's house, and found some matches lying about—a door had been forced open, and some drawers broken open—the greater part of the articles were women's dress.
MARY ANN ELDERFIELD . I am the wife of William Elderfield—I have seen these articles, and have brought some to compare with them—this piece of wood (produced) was broken off my drawers and left lying there—I left home on Whit Sunday with my husband, and looked up the house—we have a lodger, but he and his wife left before us—I returned home on Tuesday, and found the drawers broken open, and matches lying about, which had been burnt—I missed a sovereign, some silver, two brooches, and a locket—I do not know the prisoner—these articles were all safe when I left on Sunday.
WILLIAM AGWORTH . I live in the prosecutor's house—I left home on Whit Sunday—I returned on Tuesday morning, and found the parlour door wide open, the drawers open, and the contents gone—I found the heel of a boot by the parlour door—I gave information at the Bow Station—I do not know the prisoner.
Prisoner's Defence. I bought the things in Stratford; I do not know where they came from.
GUILTY on the Second Count . He was further charged with having been before convicted, to which he
PLEADED GUILTY**.— Seven Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
JAMES TACKLEY . I am clerk to the Grand Junction Canal Company, City-road—they are in the habit of warehousing goods for Brettle and Co., of Wood-street, Gheapside—on 14th February we had six bales of worsted belonging to them, which Richardson examined that day—he came again next morning with Stynes—Richardson presented this order in the office—Stynes was in the yard with a cart—I went into the yard, and took Richardson to our foreman—Richardson signed a receipt for the goods—I knew Stynes before in the employ of the same firm when I was employed at Crawley and Co's.—I believe he was a carter, but I only speak from memory—Crawley and Co. were my predecessors at the wharf—it is some years since Stynes left, and I cannot recollect whether he was there a twelvemonth—he would know the course of business, and what was required for the delivery of goods.
Prisoner Stynes. It is nearly sixteen years since I was at Crawley's. Witness. It is seventeen years.
FRANK HINES . I am a foreman at the Grand Junction Canal—I remember Richardson coming on the afternoon of 14th April—I had some bales of worsted in my possession at that time—ho came again next morning with Stynes and a horse and cart—I lowered the goods into the cart—the bales have tickets on them, with a direction and numbers.
JONATHAN HOWARD . I am a carman in the employ of the Grand Junction Canal—on 14th April I saw the prisoners at the wharf—Stynes was loading the cart as our people let the things down by the crane—he was placing them—after they were in the art he took the tickets off, and I said, "What is your game, Teddy, taking off the tickets I"—I generally want them for my books—he said, "They are not going home, they are for shipment"—I have known him twenty years as a carman—I did not know him in Crawley's employ—sometimes they are re-marked when they are for shipment, and then the tickets are not required.
JAMES PATTEN . I am a carman, and live at 29, Windmill-street, Finsbury—on 14th February, Stynes, who I have known twenty yean as a carman, and who has occasionally worked for me, came, and said, "I say, governor, I want a court to-morrow morning, for about a couple of hours; I wish you would let me have one"—I said, "Yes, if we are not very busy"—I saw him two days afterwards, and he said, "I had that cart for a couple of hours, governor, and I will pay you the next time I have the money"—I thought he wanted to move hit own goods.
Stynes. Q. Have not I hired one or two carte of you before? A. I think you did once before, to remove your furniture—we often let men have carts if we are slack, and do not charge them for it—it is not entered in the books.
PETER DEBETT (Policeman, N 92). I took Stynes on 27th April, and told him it was for obtaining 127l. worth of wonted, by means of a forged order, from the Grand Junction Canal Company, in company with another man—he mid, "Yes; I saw a man last night, who asked me where he could get a cart I told him I could get one for him. I did so, and met him by appointment in the morning with the hone and cart We went to the Grand Junction Canal, City basin, and had the goods from there"—I said, "Where did you take them to?"—he said, "I took them to Shoreditch; when we got there, the man told me to go into a public-house, and have a pint of beer, while he was away with the horse and cart I did so, and in ten minutes' time he came back with the empty cart, and gave me 10s. for the job. I took it home, and paid Mr. Patten 2s. 6d. for the use of the horse and cart"—I asked him if he knew the man—he said that he had never seen him before. STYNES— NOT GUILTY .
PLEADED GUILTY .— Six Years' Penal Servitude.
May I was in Victoria-street—a person came behind me, threw me backwards, and put his hand to my throat—I struggled, and another person took me by my knees—Hurley is the man—I lost a 5l. note, four sovereigns, some silver, a handkerchief, and a cap—I was considerably hurt, and was not able to speak when I was taken to the station-house—when I saw him by the light of a lamp, I said that I should know him again.
Hurley. Q. What money had you when you went out in the evening?
A. A 10l. note and a sovereign—I changed the 10l. note, and received a 5l. note and some gold and silver—no one was with me—I had some money in both pockets, and both were turned out—I cannot tell what part of the street I was robbed in, I was so excited—I cannot tell whether there were lamps at the end of the, street—you held me down, and there might have been five or six men with you—there were no females with me—I did not go into any house—I cannot say who took the money out of my pocket—the policeman took two or three persons to the station-house—I might, in my excitement, have recognized a man walking in the road, as I went to the station, as the man who robbed me, but when I looked at him at the station I could not speak to any one—I did not identify him as the one who robbed me—I do not know what the policeman said to you when he fetched you and your sister—I do not own that I was drunk, but I was the worse for liquor.
Brown. Q. Do you know me, or did you ever see me before? A. Not to my knowledge.
COURT. Q. Did you see any woman by you? A. No; I could not see that there was one, I was held hard and fast down to the ground.
WILLIAM LOGAN . I am a sailor, and live at 5, Spencer-street, St. George's in-the-East—I was standing at the top of Victoria-street, about 1 o'clock on this morning; heard a scream, and saw a man on his back, and two or three on top of him—the prisoners were among them—Hurley held him on the ground, while Brown turned his pockets inside out—I went to the station, and a policeman brought the prisoners in—I had given a description of Brown—I said that she had a red frock on—there was a lamp five or six feet from Montgomery, and I could distinguish the prisoners very well.
Hurley. Q. Where was the prosecutor? A. About two-thirds of the way down Victoria-street—there were five or six females and a great number of men—I was at the corner, and the man in the road—I saw you on top of him, and the girl too—he got up, and you ran after him, and held him by the neck, while Brown took out what was in his pockets under the lamp—I do not know that the prosecutor recognized me as one of the men who robbed him—I was not charged with this that I am aware of—I went up and gave my evidence—you did not speak to me at the station, you spoke to Lynes—I did not pay attention to what you said to me—your sister put her hands in the prosecutor's pocket when he was on his feet—you were holding him up.
Brown. I was not near the man, I was with my child.
JOHN LYNES . I am a professional dancer, of 5, Victoria-street—on 23d May I was sitting on a step in Victoria-street, and saw the prosecutor lying on his back, in the middle of the road, calling police—there were some women near him—I saw Brown there—I knew her by sight—Hurley afterwards spoke to me about a bill of a benefit I had to attend to—while the prosecutor was on the ground, I saw Brown slap his face and take off his neck-handkerchief—I did not see him get up—I turned round to speak to
a young man, and saw the prosecutor walking along—I did not see what happened afterwards.
Hurley. Q. What part of the street was he lying in! A. About the middle—your sister slapped his face and took off his handkerchief, but I did not see you there—I saw you both walking behind me after it happened—you came across the road to speak to me—you asked me if I had any bilk or cards about the benefit I had to attend—you west about ten yards from your home—I was sitting on a step with the last witness, humming a song—I did not see the prosecutor get up—as he was going to the station the prosecutor recognized Logan; he said, "That is the one want;" and he mid, "All right; I will go to the station with you"—I was alongside the prosecutor when he said those words—I am sure he said so—the prosecutor said at the station that he could swear to you and your sister, and to nobody else—he said at first that he could swear to the other man, but afterwards, when he came to think a little more about it, he did not recollect him at all—there were three lamps in the street.
Brown. You are telling a falsehood; I was not near the man; I was taking my child home to bed.
COURT. Q. DO I understand that the prosecutor at first recognized a third person, and afterwards said that he could not speak positively to him? A. He was a little the worse for liquor, but when he got a little air and a drop of water, he said that he could not recognise him—he did not speak to the woman—there was no one there with a red dress except Brown.
MR. DICKIE. Q. Did you know them both before? A. Yes; they hare been neighbours of mine while I have been living in such a place; I do not like it, but I have been obliged to come to it—I did not interfere—I had nothing to lose, but I did not want to be kicked.
JOHN FRY (Policeman, K 320). On Monday morning, 23d May, about 1 o'clock, I heard a man screaming in Bluegate-fields, Victoria-street—I beard a man say, "I have got it," and saw Hurley leave the crowd and go into his own house, about ten yards from the crowd—I knew him before—the prosecutor, came up, very much excited, and the worse for liquor—I saw Brown standing in the crowd, dressed as she is now—I believe she it Hurley's sister—I apprehended them both in the neighbourhood about ten minutes afterwards—I told them the charge—Hurley said that he was not there, he was in bed at the time.
Hurley. Q. I live at No. 6, do I not? A. Yes, the crowd was opposite the court by your house—I cannot say who it was that said, "I have got it"—I had hold of the two witnesses, and held them till the prosecutor came up; he said that they were there, and I told them to come to the station.
Hurley's Defence. I hope you will take into consideration that the prosecutor first said that he was lying at the end of the street, and then in the middle of the road. There is no lamp in the street, and it would be impossible, unless you know a person well, to recognise anybody by his features. The prosecutor was so intoxicated that he could know nothing. I had been to a meeting, and taken too much to drink; I laid on the bed till 12 o'clock, when I went out to get something to drink, but the houses were shut. I was standing at my door, and saw the last witness coming up. I stepped across and said, "Is your name on the bill to perform at the Phoenix on Monday night?" He said, "It is." I saw the prosecutor stop Lynes, and went in-doors and took no notice, because there are always rows in that neighbourhood. I was sitting in-doors, and my sister came in. She offered me some gin, which she had at home in a bottle. I went out for it, but had not
gone two steps when the policeman said, "I want you, and you too." I went to the station. The prosecutor was intoxicated. Is it right for me to be convicted on a drunken man's evidence? He does not say that he got up and was attacked a second time.
Brown's Defence. I never saw the man in my life till I saw him at the station-house. I was not within twenty yards of the man.
Hurley was further charged with having been before convicted.
(Policeman, K 129). I produce a certificate (Read:
"John Hurley convicted August, 1858, of uttering counterfeit coin, after a previous conviction of a like offence; sentence, four years in penal servitude")—I was present—Hurley is the man.
GUILTY***.— Eight Years' Penal Servitude.
BROWN— Confined Twelve Months.
OLD COURT.—Wednesday, June 10th, 1863.
Before Mr. Baron Bramwell.
MESSRS. SLEIGH and POLAND conducted the Prosecution.
EBENEZER SPENCER . I am a bonnet manufacturer, and live at 24, Stewart street, Spitalfields—I knew the deceased, William Henry Doggett, twenty or thirty years—he lived at 19, Shoreditch, and was an ironmonger; he had a Shop there—the prisoner was living with him; she is his wife—he was 38 when he died—for some months before his death I had been in the habit of seeing him at his residence—he was suffering from dropsy, and had been confined to his house fur some months—when I saw him it was in his bed-room—when I have been there the prisoner was generally drunk—I have heard that they have been married six or seven years, but I don't know. (Mr. SERJEANT BALLANTINE submitted that in this case he was entitled to call for strict proof of marriage, the allegation being that death arose from neglect of duty on the part of the prisoner; mere cohabitation involved no duty; the only recognised duties were the natural and the paid; if a nurse undertook the charge of a patient for hire, no doubt a duty would arise; there were also the natural duties arising from the relationship of husband and wife; in this case there was nothing but the fact of the prisoner's being a wife that would imply any duty, and, therefore, as in a case of crim. con., strict proof of marriage was necessary. Mr. BARON BRAMWELL considered that this case introduced some novelty, although, perhaps, the principle was not a new one; mere cohabitation clearly carried with it no duty, but it might be a question supposing the man to be incompetent, from his condition of mind or body, to take care of himself, and the prisoner had charge of him, whether there was any duty towards him on her part, and whether, if he died by reason of the nonperformance of that duty, she would be responsible; it had been said that strict proof of marriage was not necessary except in two cases, crim. con. and bigamy; he was very much inclined to think that the contention of Mr. Serjeant Ballantine was right; that, for there to be a duty, there must be the relationship of husband and wife, parent and child, other relationship imposing a duty of care; but if that were so, it might be proved in the ordinary way, by repute. MR. SERJEANT BALLANTINE was not prepared to argue that that might not be so; he only felt it right to mention the matter, that it might not be assumed that the objection was not open to him.) At the time of his death, I should my the deceased was not in a very sound state of mind to suffer what he
did; I think his mind was enfeebled by being allowed to lower so fast as he did—I don't think he had nourishment sufficient to keep him alive—at times he was in bed; except when he asked to be helped out—he could only walk with assistance—he could make his wants known—he was in a very dirty state—I have heard the prisoner use very bad words to him, calling him strange names, quite out of keeping with his own name—she called him "Bill," and "You love your Auntie, don't you?" and that sort of nonsense—she was not sober on those occasions—his Christian name was William—I have not seen him supplied with nourishment—I have on several occasions sent him barley-water from my house, and beef to make beef-tea, as there was none in the house, and the prisoner said she had not time to make it—I think I sent barley-water three times—I asked him if he liked it, and he said yes, it was very nice—I remember on one occasion, some months before his death, the prisoner having a short piece of narrow iron in her hand, and she shook it over him and said, "You know, Bill, I rule you with a rod of iron"—she was not sober at the time—he chided her for saying so, and said, "Be quiet, Annie"—his hair was in a very bad state, all matted together for want of combing—he had the use of his hands—he died on the Thursday, at twenty-five minutes to 6—I was there the evening before, and left him at half-past 10—he complained of being cold, and I assisted him through the passage to sit in a chair before the fire in the kitchen—he only had his shirt on—the kitchen was on the same floor as the room he came from—the prisoner was there—he was lying down in his room—he was helped up—there was nothing put round him—I think I assisted him with the prisoner, only us two—he asked to get up—I could say or do very little there without fear of being expelled; it was with great difficulty that I got to see him—about 3 o'clock the next morning I was sent for from my house—I went to the deceased, and remained with him till he died—he was sinking when I left at half-past 10 the night before; I did not think he would live the night through—when I got there in the morning the prisoner was drunk, and she was drunk when he died—he died on the bed—she was in the same room—she was standing up at that time, I raised her up; she had been sitting on the floor with a tumbler half full of brandy a short time before—she was drunk the whole time I was there, from 3 o'clock till he died—I never saw the prisoner give him any medicine.
Cross-examined by MR. SERJEANT BALLANTINE. Q. If the deceased complained of cold, and you were obliged to take him to the fire, why did you not put something over him? A. Because I was not allowed to do as I thought right—I have on several occasions attempted to assist him, and been prevented by the prisoner—I have been going to lift his legs from the ground when he had not power to lift them, and she has prevented me—he did not request me to lift them—he was quite sensible at that time—when I led him along the passage to the fire he was naked, except his shirt—he had no slippers on—he generally had his stockings on—I can't say whether he had at that time—I should say he was sensible at that time—there is no doubt that he drank, but he had no drinking habits till he married this woman—I have known him from a boy—I am no relation of the family, only a customer at the house—the prisoner had been a servant before she married the deceased—I should think the relations did not much like it, nor his friends either—he was not a drunkard before he was married—I can't say how soon afterwards he began—I have seen him in a sort of stupid state, with her, for the last two or three years—perhaps eighteen months ago was the first time I saw him drunk—I should not say
he was in a stupid drunken state, for he was down stairs engaged in his business; I should think he was in a stupid state through drink—I mean to say that he has not been a drunkard for years—I don't know who sent for me on this occasion; the cabman said Mr. Doggett had sent for me—I did not learn when I got to the house that the prisoner had sent for me; I had enough to do to help the dying man—there was a nurse in the house at the time, Mrs. Doggett's sister—she was in the house at the time of the death—there was no harm in the prisoner calling him "Bill," he called her "Annie"—I never heard him call her "dear" or "love," only "Annie"—he appeared to be very fond of her—previous to his death he became in such an emaciated state that there was no appearance of affection towards anybody, he had enough to do to bear the weight of his disease—I should not say that he appeared to be particularly fond of her.
MR. POLAND. Q. Did you hear her say anything to him about his dying? A. Yes; I said to her, "If he does not have nourishment he will die," and she said, "He has been going to die for these five weeks, and he is not dead yet."
SARAH DALTON . I live in Tinley-court, Old-street, St. Luke's—I was nurse to Mr. Doggett for fourteen nights; I left the Sunday before Easter—during that time the prisoner was living there as his wife—I can't say that I ever saw her thoroughly sober while I was there—Mr. Doggett was suffering from dropsy—he was unable to go down stairs, except at one time, when I was kept at the door for an hour, he came down and let me in while the prisoner sat on the side of the bed—I had been out on an errand—it was the street door that he opened, and I said to him, "Good gracious, Mr. Doggett, make haste up"—he got up as well as he could; I don't know how, for I stayed to keep the door closed—when I went up stairs I found the prisoner sitting by the side of the bed, not sober—the bed-room was the first-floor front room—the doctor attended Mr. Doggett while I was there—medicine was sent regularly—it was not given to him at all times—when Mrs. Doggett was asleep I would sometimes give it to him—I used to be scolded for it; she said she would give it to him herself, and at last he would not take anything except what she gave him—I have seen her give him medicine—he was kept in a filthy dirty state; I never saw any one kept more dirty; he never had a clean shirt or sheet while I was there, nor was he washed or shaved until I begged very hard of her to let me have the barber in to shave him, which he did—I never saw his hair brushed or combed but that once that the barber did it—at times I used to give him such things as jams, and jellies, and grapes, and raisins—sometimes I was sent for them, and sometimes a young lad who was there—Mrs. Doggett used to send me—I saw her shake him once, and but once, and I saw her throw some liquor on the carpet when he would not drink it—I have heard her say several times that she wished he was dead; not particularly to him; she has said it in his hearing and out of his hearing—I was sent by his sister, Mrs. Wildbore, to nurse him—I left because I was very ill—one night when I was there the prisoner was very tipsy, and she fell between the kitchen and the parlour—she ordered her husband to come out of bed to help her—she swore at him terribly, and put her hand to her pocket and said, "I have got the will in spite of them all; they can do nothing, and have nothing"—one morning, when he was very bad and could get no rest, Mrs. Doggett sent me to Mr. Roper's, the surgeon; he came, and I went back with him, and he gave me a sleeping dose for him, to give directly; and she threw it into the fire and said, "I can poison him quite quick enough
without giving him this"—she was drunk at that time—I can't say whether he heard it, most likely he did—he was very ill at the time; I hardly knew whether he would live or die before morning.
Cross-examined. Q. But it was she who sent for the doctor? A. Yes—the shake I speak of was not very particular—I can't tell whether or not he was very fond of her—he used to call her "Annie" at times, or "Annie dear"—I believe that was his usual expression to her—he appeared to like to have her about him; I was mostly there at night—I went out to work in the day sometimes—I don't know that I slept during the greater part of the night; I was told to have a sleep during the night, and keep things quiet—I was always ready when called—I have sometimes emptied Mr. Roper's medicines down the sink, the same as others did, as the bottles were required to go back; a great deal more went down the sink than he had—I never saw Mrs. Wildbore while he was being treated so badly—I did not know where she lived—I had been engaged by her—I believe Mr. Wildbore is a surgeon—I never made any communication to them, I never saw them.
SARAH FIELDING . I live at 3, Gloucester-place, Bunhill-row, and am a nurse—I went to nurse Mr. Doggett on the Saturday, and came away on the Tuesday morning—I cannot say the date, it must have been three or four months ago—he was very ill—when I first went in Mrs. Doggett was in the act of retching; she was very tipsy indeed—while I was there, I saw her take up part of a mahogany chair in the act to throw at him, but she had not power to do it; it escaped him and went on to the side of the bed—she was never sober during the time I was there, night or day—if she was in a pet, she would thump him hard between the shoulders—she once gave him a blow on the side of the head, and then she would go to him and say, "Oh, never mind your Annie," or "your Auntie; I did not mean it"—and he has said, "You should not do it, you have hurt me very much"—I never saw him have any food; medicines were sent, but I never saw any given—Mrs. Doggett did not allow any person to assist him except herself—I went on Sunday evening to the doctor's and brought some medicine, which was to be given immediately, but she said, "Let it alone, I will give it myself"—whether she did or not I cannot say—she would scarcely allow any person to be in the room; she would not allow me to give him any food, or wash or clean him, or do anything for him.
Cross-examined. Q. You were only there three days, I believe? A. That was all—I did not consider the thumping between the shoulders to be done in fun; I have not said so—I have said that she termed it fun, but I thought it was brutishness, and so he must have done; but he appeared to me to be thoroughly afraid of her—he sometimes called her "Annie" and sometimes "Auntie," and she would say to him, "Never mind, it is only your Auntie"—I think he sometimes called her "Polly"—I did not see much cheerfulness about them—when she spoke to him in this way it was after she had hurt him, when she went up to him in her drink to pacify him—I left on the Tuesday morning in consequence of a quarrel with her; she was very drunk and violent—her brother-in-law, a Welsh gentleman, was there, and we laid hold of her to take her up, and she kicked me with great violence, and told me I should not remain any longer.
COURT. Q. Do you mean to say that there was nothing given to him all the time you were there? A. There was beef-tea made for him; but when I was going to give it to him, she told me to put it down, and she would give him what was necessary, and I threw it out on the leads the next night; he was entirely without food, from what I could see; I never gave
him any, and never saw any given to him—I saw her give him brandy, and whatever spirits she thought proper, out of a half-pint glass—I was sometimes in the bed-room and sometimes in the kitchen—I was in the bed-room one night alone with him; he made no complaint to me; he did not ask me to get him any food or medicine, or to go to any friend—he had a friend with him, who sat up with me one night, Mrs. Wildbore, but she was obliged to make her escape over the leads in the morning, as the prisoner's conduct was so bad.
CHARLES WHITWORTH . I live at 10, North-street, Whitechapel-road—I was in Mr. Doggett's employ about thirteen months; I left about seven weeks ago—one Friday night, about three or four weeks before Mr. Doggett was taken bad, the prisoner jumped up and told him not to say anything about Mr. John Doggett, her first husband, for he was a better man than him; she loved him, and she never loved this one—she repeatedly told me that Mr. John Doggett was her first husband—she said she only married this one for his money.
WILLIAM MARTIN . I live at 17, Union-street—I was foreman to Mr. Doggett—the prisoner lived with him as his wife—I remained there up to the time of his death—the prisoner was generally drunk while I was there.
Cross-examined. Q. Were you examined before the Coroner? A. Yes—I had known Mr. Doggett nearly seven years previous to his father's death; he was of very sober habits, but latterly he gave way to intemperance—he came into some fortune at his father's death, and from that time he became an intemperate man—that was long before his marriage with the prisoner—I have been into his room occasionally during his illness—he was perfectly sensible; he never made any complaint to me at any time—he would never allow any one to say that his wife did wrong, he was very fond of her—up to his illness he used to be neat and clean in his habits, but afterwards he was negligent—he objected to any one changing his linen or doing anything for him—he could walk from room to room without any assistance, he would only require to be helped out of bed—I saw him two or three days before his death, he was then perfectly sensible; there was some difficulty in inducing him to take proper nourishment—he was very obstinate—I knew there were complaints that he would not take his medicine, and I have also heard that medicine was refused to be given to him—I know he would at any time rather take drink than medicine—his appetite was so indifferent that he always objected to food—he would take a parcel of trash, cakes, or jelly, or spirits, or wine, or anything of a stimulant, but he always said his appetite was not sufficient to take food—I knew the prisoner before her marriage—she was a servant in Mr. Doggett's house—she had never been married before, that I know of—I have heard that she was married, but it was merely a rumour—I never heard of her having been married to Mr. John Doggett, not during his lifetime; her habits were cleanly, and she was a perfectly sober, decent woman before her marriage.
MR. POLAND. Q. Was there a Mr. John Doggett? A. Yes, a brother of the deceased's; he died two months prior to her father's death—I am still in the prisoner's service, having charge of the stock.
GEORGE ROPER . I am a member of the College of Surgeons—I attended the deceased for five or six years until within six months of his death—he was suffering from liver disease and dropsy, brought on by intemperance—the prisoner was there at that time, living with him—she was in a constant state of drunkenness, and was wholly unable to attend to him, or to do anything for him, from her constant state of intemperance—I have not seen
food given to him" regularly; he was always improperly attended to—she was never in a state to attend to him, and she would not allow any one else to do so—I have seen her behave with great violence to him, both in language and manner; I have seen her strike him repeatedly—at the time I left attending him, he was in a muddled state of brain, in a state of incapacity; he scarcely knew what he did; he merely lived a life of drinking and sleeping—he was, perhaps, just able to make his wants known, they were not many, he merely slept and drank—I repeatedly remonstrated with the prisoner about the way in which he was treated, and the neglect she was showing him; indeed, her general negligence was such that I declined to attend him any longer; I thought he was being lost through want of attention—on one occasion, when I was remonstrating with her about his sad condition, she insisted upon his coming down stairs in his shirt, saying that I was insulting her by making an observation of that kind—she was exceeding violent in her manner—he did come down in his shirt—after I ceased attending him, some one else attended him for a period of three months; at the end of that time, at the solicitation of his friends, my brother attended him—I heard of his decease—I made a post mortem examination by order of the Coroner—I found no external marks of violence; he died of dropsy, liver disease, and disease of the kidneys—in my opinion, from the state in which he was when I ceased to attend him, want of care and attention would accelerate his death—I think his life was shortened by it, and that with proper attention it might have been prolonged.
Cross-examined. Q. You had not seen him for months before his death, had you? A. I saw him one night when my brother was out, three months before his death—his liver was very diseased, and the kidneys—he had dropsy as a result of kidney and liver disease—the dropsy was in the abdomen, the legs, and all over the body—he died of dropsy, not of congestion of the brain—I think he died of exhaustion, the result of the complication of diseases; it was a drunkard's liver—I do not know of his having made a codicil to his will a few days before his death—I cannot say that he was intelligent during his illness—he was In a state of general incapacity, a senseless, stupid, muddled state—he was constantly drinking while he was ill, but apart from that, he was in a stupid, muddled, incapable state—I cannot say that he always spoke affectionately of his wife—he was not capable of much conversation—I never told him that his wife was not taking proper case of him—I don't think I have ever been alone with him, not to have any conversation with him—he was very closely watched by his wife—I regarded him as in a state of incapacity; in a state bordering on imbecility—he was quite incapable of understanding what I said to him—I believe he was not capable of receiving any moral impressions whatever—I believe he was in such a condition that I could have made no impression upon him—he could not understand what I said to him, not in a proper manner—the drink had had such an effect upon his brain, that he was in a measure imbecile—I do not mean absolutely so, but in a semi-imbecile state, during the whole three months I attended him—he might have understood, to a certain extent, what I said to him, but he was not a man that a sensible person could reason with—I reasoned with his wife, and I had a communication with the churchwarden—I represented his condition to the churchwarden, and stated that he was being treated in a manner which rendered it a case for magisterial interference—that was soon after I ceased attending him; some few weeks after—I did not take measures to put him under proper care; a medical man must be very careful how he oversteps the line of professional
duty, or he would get into a serious scrape—I wrote to his relatives, and communicated with the churchwarden—I wrote to Mr. Wildbore, or rather, my brother did by my direction, the day after I left him, when he was brought down from one room to another—his relatives had full notice of his condition, and a full opportunity of seeing all about it—my brother attended him during the last part of the three months, but it was only at the earnest solicitation of the deceased's friends that I allowed him to do so—the attendance was a mere farce—we charged 59l. for it.
ARTHUR ROPER . I am a member of the College of Surgeons—for the last three months before Mr. Doggett died I attended him—he was suffering from dropsy, and he died partly from that disease—the prisoner sometimes behaved kindly to him, and sometimes harshly, from the fact of her not being in a condition to help him; he required moving occasionally, and there was no one to do it but her, and she, from her condition, was not fit to move him, and did it very clumsily, and consequently put him to pain—those are the only acts of violence to which I refer—I sent medicines—I don't know whether they were given to him or not.
Cross-examined. Q. Do you agree with your brother that he was almost an idiot? A. He was not an idiot—he was not in the perfect possession of his faculties; not sufficiently to state that he was not fed and taken care of—I was not a witness to a codicil five days before his death—it was a few weeks before his death, at the beginning of May—he could ask for what he wanted—he was not fully capable of explaining his wants at that time—I think he was fully capable of understanding a matter of business—I mean to say, that he was not capable of asking; he did not know that it was good for him to eat, or what he should take—my brother and I suggested this inquiry—I believe Mrs. Wildbore was present at the time he executed the codicil—it was read over to him in my presence—it was rather a long one—this is it, I think (produced)—he was in a fit state to understand it.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
GEORGE CATES . I live at 40, William-street, New-road, Mile-end—I am seventeen years of age—I am employed on board the ship Persian, which was lying in the Eastern Dock, London Dock, on 29th May last—the prisoner was employed on board as a labourer—about 1 o'clock that day I got down from the ship, and got into a boat that was there to put people to and fro from the ship to the dock—the boatman had gone to dinner, and had left the boat in charge of a caulker's lad—George Witherington got into the boat with me, and another man followed—as he was coming down the labourers looked over the side of the ship, and said, "You can't have that boat," and called the attention of the foreman—one of us said, "Why can't we have the boat?"—the foreman said, "Because you can't"—somebody said, "You are a nice lot of Christians, not to let people go to dinner; how long will you be?"—they said, "A quarter of an hour, and you must stay there"—we said, "We must go ashore"—the foreman said, "You can't have the boat; I dare you to do it; somebody go down and stop the boat"—the prisoner slid down a rope at the side of the ship, and just as we were pushing off, he got one of his feet under the head of the boat, and pulled it back again—he got into the boat, still holding the rope, and said to me, "I will throw you overboard if you push this boat off—after some
words passing I saw Leonard Francoti looking over stern of a collier brig close by, and said to him, "Leonard, these fellows will not let us have the boat to go to dinner"—with that the prisoner said, "Who are you calling fellows?" I said, "You and your companions," and he caught hold of me by the chest, and pitched me head first into the water—I was struggling about for several seconds, and when I came out of the water I was quite exhausted, and felt very ill indeed afterwards—I can't say what the depth of the water is there; I sank—I had on a blue serge, a loose pair of trousers, and a large monkey jacket, which pulled me down in the water—I can't say whether the prisoner attempted to get me out.
Cross-examined by MR. LITTLER. Q. This boat was not the Dock Company's boat? A. No, nor yet the ship's boat; it belonged to Ewing and Wimshurst; it was a boat for their labourers—I was standing up when I was pitched over—I cannot say whether I was standing at the bottom of the boat or on the thwarts—when I called out to Leonard, I did not say, "These d——fellows"—I said, "These fellows"—there was no strong language used that I know of—the prisoner did not give me a shove with his elbow; he took hold of me with his hand—he was holding on to the rope at the time, and keeping the boat in with his foot—I cannot swear whether he did it with his hand or his elbow—I believe he had hold of the rope with one band all the time.
GEORGE WITHERINGTON . I am a labourer living at Plaistow-Marsh—on 29th May, about 1 o'clock, I was on board the Persian—I got into the boat after Cates to come ashore—the foreman of the labourers sung out, "Don't let that boat go ashore; we want it; jump down there one of you, and don't let the boat go off—the prisoner took hold of a rope, and jumped down, and held the boat on—a man on board a brig asked what was the matter, and Cates said, "These fellows won't let us take the boat to go ashore"—the prisoner said, "Who do you call fellows?"—he said, "You and your companions"—with that the prisoner took him by the collar of his coat, and chucked him into the water—he pushed him back, and he fell over the side of the boat—I had heard the prisoner say something about chucking him overboard if he did not hold his tongue, but what it was I don't know—the water there is between twenty and thirty feet deep, it will float a ship that draws twenty feet water—I got hold of Cates's coat, and helped to get him out—the prisoner says that he assisted; I don't know whether he did, ha might have done so.
Cross-examined. Q. Did not Cates say, "These d——fellows won't let us go ashore?" A. I did not hear him say, "d—d fellows—the prisoner was holding on to the rope with one hand, I think the left; then were five persons in the boat—I can't say whether Cates was standing on the thwart, or in the bottom of the boat—the prisoner did not give him a shove with his elbow; it was done with his hand—he just gave him a push, and he went over—a man got out of the boat just at the time, which made the boat cant a little towards the water.
COURT. Q. How for was this from the shore? A. About thirty or forty yards—I did not see any boats about; there was no chance of his being picked up except by our own boat—I had gone to and fro by that same boat before.
LEONARD FRANCOTI . I am a store-merchant, in Old Suffolk-street, Mile-end—I was in the London dock, on board a brig lying alongside the Persian—I looked over the stern and saw Cates in the boat—he said, "These fellows won't let us go ashore"—the prisoner said, "Who do you call fellows?"—
"Cates said, "You and your companions"—with that the prisoner took him by the throat and part of his body, and threw him head foremost backwards into the water—I called on the prisoner, and the other man in the boat, to save the boy—he went down twice, and the second time he came up Witherington got hold of him by the collar, and I swung myself down by a rope and got hold of him just as they had got him partly into the boat—I gave the prisoner into custody.
Cross-examined. Q. Where were you standing? A. On the stern of the brig; the stern of the brig was lying to the bows of the Persian, close alongside—I had taken some goods on board for my employer—the head of the boat was between the two ships—the prisoner took hold of Cates with both his hands and threw him backwards—I don't know how the boat was fastened to the ship—there was a ladder alongside the boat—the prisoner laid hold of a rope, attached to the ship, after he had thrown him into the water—he had not hold of the rope before; he never had the rope in his hand before he threw him in; I swear that—I have known Cates some time—I challenged the prisoner to fight after this—Cates did not do so.
The prisoner's statement before the Magistrate was read at follows:—"I was told by the foreman to stop the boat, as we were going ashore ourselves, Witherington began to go out to the boat—Cates got up and said, 'These d——d fellows won't put us ashore.' With that I gave him a shove, saying, 'Who do you call d——d fellows?' not intending to do any harm at all."
NOT GUILTY .
The evidence given by George Cates, Leonard Francoti, and George Witherington in the last case was read over.— >GUILTY of a Common Assault.
The prisoner received a good character, and two witnesses stated that the occurrence was quite accidental. Confined Two Days.
MR. TAYLOR conducted the Prosecution.
JAMES GILCHRIST . I am assistant relieving-officer at St. Luke's Work-house—I knew the deceased James Sully; he was employed at the work-house, and his duty was to open the door to all applicants for relief—from 10 o'clock to 12 in the morning was the time fixed to receive applications—I arrived at the workhouse about five minutes after 10 on the morning of 27th March—I found the old man (Sully) lying on the ground, and the prisoner a short distance off, but not on the ground—I heard the old man say, "O God! my thigh is broken"—he died on 17th May—previous to 27th March he attended daily at the gate.
Prisoner. Q. When you first saw me was I on my back against the door? A. You were leaning against the railings near the door—you were not on your back; you were standing in the corner—the deceased then lay with his head in my lap—when I first saw him he was lying on the ground—I did not see the deceased strike you, nor did I see him attempt to put you out.
before the Magistrate, Mr. Cooke, and saw him and the Magistrate afterwards sign it—the deceased was sworn, and the prisoner had an opportunity of cross-examining him—(Deposition read: "I am an inmate of St. Luke's workhouse. The Friday before Good Friday, about 10 o'clock in the morning, I was at the gate of the house as porter at the relief-office; the prisoner now present asked me to let him in to see the overseer. I asked him where he came from. He said, 'Playhouse-yard.' I said, I must not let you in without your going back to get an order.' He went out for a moment. Some people were coming in, and he rushed in; I tried to shove him out. He up with his right hand and struck me in the left eye. I could not get him out; he put his foot in between my legs behind me. I collared him, and would not loose him; he shoved me down with his hand and fell on me. My mate came up. Hill and two men got him out, they took him off me. I felt my leg snap while he was on me. I was taken into the house, and had my leg set. I was in good health before then; I have suffered a good deal of pain from it. The prisoner swore he'd come in; he said he'd be d——d if he didn't. I don't recollect he said anything more.
I never saw him before that day. It was in consequence of the fell that my thigh was broken.
Cross-examined. I am quite sure he used the crutch—Hill did not strike him before this happened, nor did any other person—I am sure he fell on me."
JAMES FROST . I am an attendant at the cab-stand opposite St. Luke's work-house—on 27th March, I was near the workhouse door, and saw the prisoner—he knocked for admission, and the deceased opened the door and refused to admit him, because it was before the proper time; that was about half-past 9 o'clock—the deceased slammed the door, and it struck him on the side of the head—the prisoner appeared greatly agitated, and said to me, "What do you think of that?"—I did not make him any reply—he said, "D—n him, if I was inside I would pay him off for that," or words to that effect—when the prisoner went in the second time I was on the opposite side of the road, and I did not see him again until he came out—he was afterwards in the custody of the police—he said to me, "You are the man who saw me struck with the door"—I said, "Yes; you have got a black eye since I saw you"—he replied, "Yes, but the old man did not give it me; it was one of the inmates"—that is all I know of the matter—the first time I saw the prisoner at the door it was before 10 o'clock—it was then that the door was slammed in his face—I saw him going in afterwards.
Prisoner. I deny it; it was a quarter-past 10 before I knocked at the door.
COURT. Q. Was that so? A. Witness. No; I will swear it was not—the prisoner being a cripple, he might have got his foot within the door by accident—he was speaking to the deceased at the time.
CHARLES HILL . I am an inmate of St. Luke's workhouse, and assist the relieving-officer there—at 10 o'clock on the morning of the 27th March, I was in the relieving-office, near the gate at which the deceased was gate-porter—I heard the prisoner had been at the gate nearly an hour before, it must have been before 10, when he came first—I was in the office when he came the second time, and I saw him shoulder and force his way in, and the old man resist him, saying, "You can't come in till the time"—I then saw the prisoner and him struggling together—the prisoner took hold of the iron railing with his left hand, and his crutch with the right, and deliberately threw the old man down—I ran to him, and he said, "Oh, mate, my thigh is broken"—I did not see the prisoner strike the deceased—the
deceased was a very old man—he was carried to the infirmary shortly afterwards.
Prisoner. Q. Had the deceased hold of me by the throat? A. No; he tried to lay hold of you, but you were too strong for him—I did not strike you; you are mistaken in that, but I can tell you who did strike you—I did not touch you—I tried to protect the old man when he was lying down, and you were in the act of dropping upon him—in doing so I pressed against you, but did not strike you; a man named Bowker struck you to prevent you falling on the old man—I helped to get you out by the door—I was not then aware that the poor old man's thigh was broken.
DAVID BOWKER . I am an inmate of St. Luke's workhouse—on the morning of 27th March I was assisting in the relieving-office—I heard a noise at the gate where Sully was, and went to see what was the matter—I found the prisoner and Sully quarrelling—the prisoner had his hand on some iron railing close to the gate—I went up to him and asked him to go out, at the same time taking his hand from the railing—he made no reply, but used some abusive language to the deceased—he struck at the deceased two or three times, but I cannot say whether he hit him or not—the deceased instantly fell, but whether or not from the effect of the blows I cannot say, and the prisoner flung himself upon his body—I and a man named Hill took him off with some difficulty—we were in the act of taking him out when Mr. Gilchrist came up and ordered us to detain him—I heard the old man say, "My God! my thigh is broken!"—when the old man fell I was within a yard or two of him—I did not strike the prisoner—he was very violent.
Prisoner. Q. Did you see me struck? A. No; if you had been I should have seen it; but you must have been struck, for you had a black eye—before the deceased was on the ground I only laid hands on you, so far as to remove your hand from the iron-railing—after you fell on the deceased, Hill and I removed you from his body with difficulty to get you out at the door.
HETMAN CHARLES HARRIS . I am a surgeon, and reside at 240, City-road—I am the medical officer of St. Luke's workhouse—I knew the old man Sully, and was called to attend him on 27th March—I found him in the infirmary, and proceeded to examine his thigh; it was severely fractured, and the bone was nearly protruding through the skin—I attended him from that time up to 17th May, when he died—he died from the irritative exhaustion of an unhealed fracture—he was a very hale man for his age, which was eighty-three, but he gradually sank—there must have been considerable violence used, but how it is difficult to say—there must have been more violence than a simple fall.
COURT. Q. I suppose the thigh was broken by the deceased's own weight in falling to the ground? A. I think it was broken by some one falling on him; as if some person had dropped on him with the knee; but that is only an inference.
Prisoner's Defence. I knocked at the workhouse door about a quarter-past 10, and asked for relief. The deceased, who opened the door, made me no answer, but slammed the door against my forehead. In a moment of excitement, I said I would give it to the old rascal, little thinking what would happen. I waited outside a few minutes, and seeing some people go into the workhouse tried to go with them. The deceased seized me by the neck, and Hill, who was crossing the yard, came and struck me on the eye Bowker then came, and Hill pulled me down and tried to put me out.
Several people about the door cried "Shame!" I was then on my back, and on getting up the deceased attacked me a second time, seizing me by the neck. We struggled together, and both fell, and that was how the accident happened. I had no desire to injure the old man.
GUILTY.—Recommended to mercy by the Jury on account of the provocation he received, and of his being a cripple .— Confined One Month .
FOURTH COURT.—Wednesday, June 10th, 1863.
Before Mr. common Serjeant.
SIR HENRY RICH, BART . I live at 16, Curzon-street, Mayfair—rather more than two months ago I bought a horse at Tattersall's; I afterwards sent it there twice for sale, but bought it in—I then told my coachman, John Wood, that rather than be bothered about it I would sell it at a considerable loss, and requested him to find a purchaser—he came to me on the Tuesday or Wednesday following, the Monday upon which it was last bought in, and said he thought he had found a, purchaser at twelve guineas, to which I consented, warning him not to let the horse go without the purchase-money being paid—he brought me 2l., which he said the man had given as a deposit to prove that it was a bona fide purchase—the horse and harness together were worth at least 20l.
JOHN WOOD . I am coachman to Sir Henry Rich—I made an agreement with William Goodram to sell the hone for twelve guineas—he paid me 2l. deposit on 7th May, and I gave him this receipt (Read: "Received from Mr. a Goodram, for Sir Henry Rich, 2l. for a bay gelding. J. Wood.")—he told me to put "S. Goodram"—both the prisoners came to see the horse three times at Sir Henry's stable, and William took it out twice to try—he was in livery when he came, with several horses; I have seen him on three or four different horse—he took out the horse several times and brought it back—on the 11th he came and asked if hit brother came would I allow him to take the horse away to exercise, and he would bring it back in an hour or an hour and a half—I said, "Yes"—on the Tuesday Shelton came; he said he was sent for the horse to take to his brother to ride for an hour or an hour and a half and to bring him back again to the stable—he said he was going to take it to his brother's stables—believing what he said, I let him have it, and also lent him a bridle and snaffle, two knee-caps, and a martingale—he did not bring it back—I next saw it when it was brought by the police-sergeant last Monday three weeks.
Shelton Goodram. Q. Did you agree with my brother on the Monday that I was to come and take the horse for him to ride in Cavendish-square? A. No; you were to take it to his stables—you brought a truss of straw down on the Monday; I asked you to do so—I saw you lead the horse away.
William Goodram. Q. What agreement had we when I bought the horse of you? A. You were to give twelve guineas for it, and yon were to pay 2l. deposit, and to pay the other money in ten days—I agreed to let you exercise the horse for an hour after you had paid the deposit—I did not agree to let you have it out when you thought fit—I agreed to lend you the saddle and bridle—I did not say, "I am glad you have paid the deposit; the horse now belongs to you, and you can take him when and when you
like"—nothing of the kind—I said I hoped you would have no accident out in the street with it, because if you had you would have to make it good; I would not be responsible—you did not agree for your brother to come and fetch the horse to show to a gentleman, because you wanted to get some money on it; I did not know you were going to show it to anybody—I expressly told you to bring it back.
RICHARD FINCH . I am groom to Sir Henry Rich—I was there when William Goodram first came about the horse on 11th May—he asked the coachman's permission to let him ride the horse on the next day for an hour or an hour and a half—Wood said, "Yes;" and next day his brother came and took it away—he said he would bring it back in an hour or an hour and a half.
William. Q. Did not you hear the coachman remark at the time that he was very glad I had bought the horse, or paid the deposit, for when I took it out he should have no responsibility about it? A. No; I did not—your brother was to take the horse to Cavendish-square for you to ride.
EDWARD LANGLEY . I am a sergeant of the detective-police—on Saturday, 16th May, from information I received, I tracked the prisoners to Margate to some stables in Addington-street, where I found Sir Henry Rich's horse and the harness with them—I said to William, "You must consider yourself in custody for stealing a hone from Sir Henry Rich, in Curzon-street, Mayfair"—he said, "I paid for the horse, and you will find a receipt for it in my trunk"—I found the receipt for the 2l. produced—they said the saddle, martingale, and bridle were lent by the coachman—on our way up to town William remarked that he drove down in a light horse and trap, with his wife, and led Sir Henry's horse behind, and he had great trouble in getting it down to Margate.
Williams. Q. Did I say that I had fully paid for the horse, or only a deposit? A. You said you had paid a deposit of 2l.
The prisoner Shelton Goodram, in his defence, stated that he was merely employed by his brother, and acted under his directions. William Goodram stated that he purchased the horse, relying upon a friend to advance him the money: and being disappointed by him, he made several efforts to sell it, and, had he done so, he should have paid the remainder of the money.
NOT GUILTY .
810. WILLIAM GOODRAM was again indicted for stealing 3 orders for the payment of 6l. 16s. 10d., and 5l. 6s. 6d., 3l. 4s. 3d., the property of Mitchell Henry, his master. MR. PLATT conducted the Prosecution.
MITCHELL HENRY . I live at 5, Harley-street—the prisoner was my groom, and had charge of some stables at Watford, in Hertfordshire—in March last the horses came up to town in the prisoner's charge—I gave him some crossed cheques to pay several bills—one was for 5l. 6s. 6d., to pay a Mr. Madden, thin is another one for 6l. 16s. 10d., and this is the other for 3l. 4s. 3d.—those are in my handwriting—I gave the prisoner two of them on the 23d of March, and one on the 31st—I have the three bills he brought me back, two from Watford on the 25th, and the other on the 31st, the same day—receipted in the names of the people mentioned—the cheques have been returned to me through my bankers—I believe these receipts to be in the prisoner's handwriting—I cannot swear to it—I have seen him receipt his book.
or at any time, pay me—this receipt is not written by me, or by my authority—Mr. Henry afterwards paid me my bill.
JAMES HOWARD . I am clerk to Messrs. Roger's, ironmongers of Watford—in March last Mr. Henry owed the firm 3l. 4s. 3d.—the prisoner did not pay me that amount at any time—we know nothing of this receipt to our bill—I did not write it—I generally receipt the bills which are paid to the firm—this is not the receipt of any one in the establishment.
THOMAS SKELTON . I am a corn dealer at Watford—in March, Mr. Henry owed me a sum of 6l. 16s. 9 1/2 d.—the prisoner did not pay me that money in March, or at any time—I did not sign this receipt, or is it the handwriting of any person I know.
ROBERT MANSBRIDGE . I am a butterman at 75, Welbeck-street, Cavendish-square—Mr. Henry deals with me—about the latter part of April, I believe, the prisoner came to my house and said he was Mr. Henry's groom, of Harley-street, and asked me if I could change two cheques for him—I asked him who they were drawn by—he said "Mr. Henry," and that one was for 3l. 4s. 3d. and the other for 5l. 6s. 6d.—I said I could change one, and in the morning I could change the other, if they were from Mr. Henry—I cashed the one for 3l. 4s. 3d. then, and gave him the money—a few days afterwards he came on horseback and asked me to cash the one for 5l. 6s. 6d. which I did—I was acquainted with Mr. Henry's handwriting, that was my only reason for caahing the cheques—they were crossed at the time—I believe the prisoner was in livery when he came the second time—I believe he had a cockade on his hat.
FREDERICK JAMES BUTT . I live at 73, Welbeck-street, and am a butcher—on 4th April the prisoner came to me and bought some beef, and by way of payment he asked me to cash this, crossed cheque for 6l. 16s. 10d.—I had known him for about a week before—he was an occasional customer—he said,' Can you oblige me by changing a crossed cheque which Mr. Henry has paid me with?—I looked in the directory, and, finding the name correct, I cashed it—the prisoner lodged in a public-house just opposite to me—he was in livery.
GEORGE KING (Policeman, D 76). I was present when the prisoner was apprehended—after Sergeant Langley had told him he should apprehend him and his brother on a charge of horse-stealing, I told him I had another charge against him, of robbing his master, of No. 5, Harley-street, of nearly 25l., I did not know the exact amount—he said, "That is quite right;" I also said there was another charge against him for forging several tradesmen's names, and a further charge of obtaining corn and making use of his master's name—he said that was quite right too—on the way to town he said to his brother, "I don't fear about you a bit; you had nothing to do with the horse, and only did as I told you and fetched it"—that was about Sir Henry's horse—he also said, "I wish I had no more to fear than the horse; it is my master's case that I fear the most;" he then turned to me and said, "but you are wrong about 25l., it is 15l. 10s. that is what it is"—I said, "I told you I did not know the exact sum, but I believe it is near 25l.
Prisoner's Defence. I wanted a little money, and I don't deny that I used my master's money but I did not steal it, neither did I intend to defraud him or his creditors—I did it with the simple intention of getting a better living than I had been getting, and paying the bills—I was afraid to go back to my master and I went to Margate.
GUILTY.— Judgment Respited.
JAMES SMITH PLEADED GUILTY .
MR. PLATT conducted the Prosecution.
CAROLINE BETTERLY . I am the wife of Samuel Betterly a solicitor, of 8, Monmouth-road, Westbourne-grove—on 23d April I missed from my drawer a ring and other articles—I did not give them to any person—this is the ring (produced).
GEORGE DAVID POTTER . I am assistant to Mr. Boyce, a pawnbroker, of 26, Lisson-grove—this ring was pledged by the female prisoner on the 23d April, for 7s. in the name of Ann Smith—I asked her if the ring was her own property; she said she had had it some years, and had had it in pledge for a good deal more money; a policeman came in course of the day, and identified the ring as being stolen property; the female prisoner came again on the 29th, I believe, to get a further advance upon it, and I sent for a policeman and gave her into custody.
JAMES HUGHES (Policeman, D 86). I took the prisoner, and on the way to the station I asked her where she got the ring from—she said she found it, on Tuesday or Wednesday—that would be two days before the ring was lost—I took her on 27th April.
Prisoner's Defence. I did find it and went and pledged it.
M. A. SMITH, GUILTY on the second count .†— Confined Eighteen months .
JAMES SMITH was further charged with having been convicted at Clerken well, on 16th September, 1861, by the name of James Johnson; to which he PLEADED GUILTY.**†— Seven Years' Penal Servitude.
812. HENRY LAMB PEARCE (34) , Unlawfully inciting and soliciting Alfred Paxon to commit b—y. Second Count, indecently assaulting the same person. Third Count, indecently assaulting Henry Foster. MR. POLAND conducted the Prosecution and MR. LEWIS the Defence.
NOT GUILTY .
814. MARY ANN WALL (36) , to unlawfully inflicting grievous bodily harm on William Wall . MR. MONTAGUE WILLIAMS for the Prosecution, stated that the husband did not wish to press for any punishment.— Confined Four months. [Pleaded guilty: See original trial image.]
NEW COURT.—Thursday, June 11th, 1863.
Before Mr. Recorder.
MR. ORRIDGE conducted the Prosecution.
HENRY WINTER . I live at 5, Ely-place, Lower-road, Islington, and am an upholsterer—about thirteen mouths ago I lost thirteen and a half yards of carpet from my door—I saw it safe at 5 o'clock in the afternoon, and missed it at 9—I had sold part of it and cut off the piece which was stolen.
Cross-examined by MR. CHAMBERS. Q. Where did you buy it? A. At
Addington and Ardley's in Watling-street—they are warehousemen and buy it chiefly—it was tapestry carpet, not worked in the fabric, but stained—the very best Brussels is of more value than common tapestry, and the very best tapestry is of more value than common Brussels—this was worth 3s. 6d. a yard—I believe I lost it the very last week in May, 1862—I say I believe, because in May I sold the other part of it from which this was cut, and I think I had it about a month before I lost it—it was a long time before I received intelligence about it being stolen—it is really so, that I saw it at 5 and missed it at 9, but I cannot give you the precise date—it was not April; it was the latter part of May, as near as I can state.
JOHN YATES . I am a prisoner at Millbank, undergoing a sentence of ten years' penal servitude—I formerly lived at 24, Wheeler-street—I worked at my trade as a boot and shoemaker—I had a boot and shoemaker's shop—I have known Sixtoes, that is Grimshaw, a few years, Mr. Everett for many a long year, and Johnson not so long—I bought thirteen and a quarter yards of carpet of Grimshaw for 10s., and after I bought it they said it came from Ball's-pond—it was brought on the Saturday night before White-Sunday, between 9 and 10 o'clock, and on the Sunday morning my wife carried it to Mr. Everett's door; I knocked at the door, and I think I asked if Mr. Everett was at home—I took the carpet in and my wife went home—I do not believe she went in with me—I found Mr. Everett, Mrs. Everett, and the servant there—I asked him if he would buy this carpet—he said, "What do you want for it?"—he gave me 1l. and a shilling for it—after he purchased it he asked me where it came from; I told him from Ball's-pond—he measured it and said, "It will make me a nice carpet for my parlour—I left it with him—I saw it again many a time afterwards, whenever we had dealings with Mr. Everett in his parlour, after it was made up.
Cross-examined. Q. Were you convicted of stealing a carpet bag once in your life? A. Yes; I had two months for it—I was not also convicted sixteen or seventeen years ago—I have given testimony against several thieves; against Simpson, Everett, Walker, Johnson, and Sixtoes—I have not given evidence against Elisha; he has not been in custody—yesterday was my last appearance in a court of justice, when I gave evidence against a German, who gave his name as Walker—I believe he was acquitted (See page 212)—I first gave information to the police a few months back—it was after I was convicted—I was in Newgate then—I saw either Inspector Bond or Sergeant Baldwin—I sent information to them in a letter—the turnkey wrote it—I cannot write—I do not know his name—I have not had the pleasure of seeing him here—I saw him last when I was in Newgate—I got him to write the letter a few weeks after I was sentenced; I did not take the date down—I had then been shut up several weeks after my conviction—I wrote to Inspector Bond; he came to me, and I gave him all the information—he took it down in writing—I did not sign it or put my mark—nobody was with him but me—I have been about three or four years acquainted with a lot of thieves, and received goods from them—I do not think I have informed the police about as many as fifteen thieves—I never said that I bought the carpet at a sale; I bought it of Johnson and Sixtoes—I came here from Millbank Penitentiary, where I was sent for—the first day I was here was Tuesday—I have got to give testimony this Session against several people, Everett, Johnson, Grimshaw, and Mr. Benjamin Close—I gave testimony against Close before—I do not know whether the jury believed me or no, but he was acquitted (see vol. 57, page 318)—it is on a fresh case that he is charged now.
Johnson. Q. Have you done any work for me? A. Yes; I made you a pair of boots, and half-soled a pair for you—I also half heeled a pair, but have not heeled any—I made you the boots some time in March or April, 1862—I do not know who introduced you to me—sometimes, it was Grimshaw, or Home who was convicted.
Grimshaw. Q. Have you done anything for me? A. I have repaired and half-soled and welted a pair of boots for you when you were in the militia—I think it was in March or April—I bought many things of you.
JANE YATES . I am the wife of the last witness—I was living at 24, Wheeler-street, Spitalfields, when he was taken—I know the three prisoners—one Saturday night a roll of carpet was brought to my husband by Toes and Johnson—I carried it next morning to Mr. Everett; my husband went with me, he took it of me at Mr. Everett's place, and I came home—I have known Everett many years—I knew him when he kept a chandler's shop—I have seen him there, and at my husband's house, more than once when my husband has been there.
Cross-examined. Q. How long did this roll of carpet remain in your house? A. From the Saturday night to the next morning—it was a good while ago; I cannot say the month—it was in April, May, or June, as near as I can guess—I think it was last year—I did not live at 24, Wheeler street then—I knew that it was stolen; it is no use my saying no—the police have only been to me to bring me summonses—I have not seen them besides—I have certainly spoken to them—a dozen policemen have not been talking to me—I had a summons from Lambert, and another from Baldwin—the police have not asked me what I could say that I am aware of—if they had taken a prisoner they asked me if I knew such a person—I was asked whether I knew Everett when they took him—they have not asked me what my evidence was—nobody examined me before I went before the Magistrate—no policemen asked me what I could say before I went up—I was sitting there, and my husband was with the warder—I mean to say that I was called as a witness without anybody asking me what I was to say—I was called into the Court, and the gentleman that writes it down, asked me questions—before that I had been sitting by husband and the warder—my husband did not tell me what he had got to say, nor did I talk to him about it—I had no notion that he was coming to give evidence against half a dozen or more prisoners—when I was summoned, I knew that he was to be admitted to give evidence against them and against Mr. Everett, I was asked by the Judge—I did not know before I was called as a witness that my husband was going to give evidence against Mr. Everett—I think the gentleman's name who I was before was Mr. Alderman Humphrey—I did not hear my husband gift evidence; he was called in first and I knew that he had been in to speak—he did not tell me when he came out that he had given evidence—I was not allowed to speak to him; as soon as he came out I was called in—I have talked to him here this morning, but not about any prisoner—I knew he was here as a witness—the policemen I have seen are Sergeant Baldwin, Mr. Bond, Mr. Lambert, and the Superintendent, Mr. Harvey; I only know his name by seeing it in the papers—it was at the Thames Police-court—he asked me how long I knew Simpson, but that was not about any of these men, he has never asked me about them—I have seen the policeman Leonard at the police-court—I have never talked to them, but I have been very ill, and every morning when I came here they have said, "i Are you better?"—they merely took my hand and said, "Good morning"—I evidence against Walker yesterday.
Johnson. Q. How long have you known me? A. Twelve months and more—I saw the woman you are living with and took her for Mrs. Brooks—I saw you in the room; I cannot say what you were doing—I paid for some liquor, because I saw the woman confined, and the child with the small pox—I gave sixpence, and a quartern of gin was fetched—my husband made a pair of boots for you—I was not at home much; and when I was at home I was very often ill and laid up.
MR. ORRIDGE. Q. Whenever you have teen your husband since he hat been convicted, has it always been in the presence of a warder? A. Yes; I have two children, and my talk with my husband has been about them mostly.
SARAH SMITHERS . I live at 1, Philip-street, Whitmore-road, Hoxton, and was in Everett's service seven years all but two or three months—I know Yates, but not his wife—I have seen him at Mr. Everett's house several times—about three months before I left, my master bought of Yates a roll of carpet of the same pattern as this (produced)—I left about six weeks before Christmas—it was on a Sunday—I think it was Mr. Yates who brought it to the house—I heard his voice when it came in—I am quite sure that was on a Sunday morning—the carpet was stood in the back parlour, and afterwards Mrs. Everett made it up, and it was laid down in the front parlour—it was there when I left—it was my duty to sweep and clean that room—I cannot tell you the number of yards.
Cross-examined. Q. Is it a small room that it was put in? A. Not very small—I did not assist in making it up; Mrs. Everett made it up and put it down—Mr. Everett has five children, and Mr. Yates came there about making shoes for them—their ages are fourteen, twelve, down to a baby—Yates brought the boots and shoes for them and for Mrs. Everett—I did not see him when he brought the carpet; I heard his voice, but did not hear a word that he said—I have not heard him say that he bought it at a sale, and I never said so—he was not there long—many people live in that street—it is opposite the Rising Sun—I used to sweep to carpet—that was a sitting-room into which everybody went who came into the house—they had not many visitors—the children used to be in the kitchen—the house has four rooms and a kitchen.
MR. ORRIDGE. Q. Was the sitting-room the front or the back room? A. The front—Everett did not carry on any business there—I never saw the other prisoners before.
JOHN BOND .(Police-inspector p). I know Everett—I first went to his house at the latter end of January, or the beginning of February, and told him I had information that he had stolen property in his house—he said, "You have been misinformed; what class of property are you looking for"—I said, "A coromandel dressing-case, which cost sixty guineas, and some plate and some jewellery"—he said that I had been misinformed, but I could search the house—I will not be positive whether it was on that occasion or the next, but I told him that I had the information from the Yates's—I believe it was on the first occasion—I told him that Mr. Yates said that he brought the coromandel dressing-case there to him, and he denied it—I saw a carpet on the floor of the front room down stain—this (produced) is a good deal like it—my attention was not directed to it, but I thought it was a very nice carpet, and that I had one very much like it—there was black, yellow, and red in it—I went again about a fortnight afterwards, and into the same room, but the carpet was gone, and the floor was bare—I did not see him that time—I had had information in the meantime about the carpet,
in consequence of which I went—I saw Everett at the station when he was taken, and heard not this charge, but the previous one made against him, but I never spoke to him.
Cross-examined. Q. The carpet you saw was not nailed down, was it? A. I believe it was; it had the appearance of being fastened down—I have not brought my carpet here—I have done my beet in tracing out the affair of the carpet—I have not been to any warehouse to get witnesses who know anything about the patterns of tapestry carpets, or to tell you whether this is not the commonest pattern, or whether old-fashioned tapestry carpet does not sell as low as 2s. a yard, or whether remnants sell cheaper than the piece—when I found the carpet was not there, I saw Mrs. Everett—I did not attempt to find Everett then, nor did I see him again till I saw him here—I have heard that long after that he was summoned as a witness to attend this Court—I saw him outside here I think last Session and the Session before, and it was in January that I missed the carpet from the room—he was at large some time after I missed it; but other charges were under investsgation—I did not, when I saw that the carpet was not in the lower room, go into the upper room—I did not search the house on the second occasion—I asked for Everett, but not for the carpet—I called again on the subject of the carpet, I do not remember how long afterwards; it was when at was in custody—there was then a different carpet on the floor—I did not search the house then or even go up stairs to see if it was there—I never asked about this carpet again of him or his wife—I have omitted to say that I apprehended Johnson; that is not in the depositions.
COURT. Q. Have you anything to say about that? A. I apprehended him on 17th April, at 6, Philip-street, I think, Bethnal-green, on another charge—I mentioned that charge to him of the carpet from Ball's-pond—he said that he knew nothing about it.
LEWIS LAMBERT (Policeman, k 311). I took Everett in custody here in the other Court; the charge of the carpet was not mentioned to him then THE COURT considered that the evidence of the accomplice was unconfirmed, and directed a verdict of
NOT GUILTY .
816. BENJAMIN EVERETT was again indicted for feloniously receiving 1 bracelet, 1 dressing case, and 7 knives, the goods of Francis Cramp, well knowing them to have been stolen. Upon which MR. ORRIDGE. offered no evidence.
NOT GUILTY .
817. BENJAMIN CLOSE (25) , Stealing in the dwelling-house of Samuel Myers, 150 pairs of boots, 800 uppers, 30 pieces of elastic web, and 12 skins of leather; in the dwelling-house of Emanuel Lambert Lyon, and afterwards breaking out of the dwelling-house; and BENJAMIN EVERETT feloniously receiving the same.
MR. ORRIDGE. offered no evidence.
NOT GUILTY .
818. BENJAMIN CLOSE (25), WILLIAM VINNING (22), JAMES DEAN (24), ELLEN CLOSE , and CAROLINE DEAN (25) , Breaking and entering the dwelling-house of Robert George Cox, and stealing therein 3 table covers, 4 gowns, 4 petticoats, 2 rings, 3 brooches, 1 breast pin, and other articles, value 12l. 7s. his property. Benjamin Close having been before convicted; to which
BENJAMIN CLOSE PLEADED GUILTY .— Six Year's Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
CHARLOTTE COX . I am the wife of Robert George Cox of 5, St. Margaret's-road, Haggerstone—on the morning of 15th April, I left home, leaving the house safely looked; I returned about ten minutes past 9 in the evening and found my bed-room door wide open, which I had left shut—I did not miss anything, but I afterwards saw my daughter's room open—I called her attention to it, and she missed things which were safe when I left home.
ELLEN COX . I am the daughter-in-law of the last witness—my husband is a sorter in the Post-office—I left the house at 12 o'clock in the day—my mother-in-law had gone out before—I locked the house outside with a key—my bed-room door was shut, but not locked—I came home at 9.15, went up stairs, and found everything lying about; the counterpane was off the bed, and a box of dirty linen was taken away—I missed sheets, table covers, pillow cases, 3 brooches, 2 rings, a shawl, scarf, stockings, shifts, rings, and petticoats, value about 11l
ROBERT DOUGHTY (Policeman, H 87). About half past 11, on the night of 15th April, from information I received, I went to 5, Peter-street, Bethnal-green, with Langley, another constable—the door was opened by Benjamin Close—we said, "You have got a bundle come in here to-night?"—he said, "It is the people up stairs"—I asked for a caudle to go up stain to see about it—a candle was handed to me by a man who has escaped, and Close escaped at the time—I went up stairs, and while I was on the stain Langley was knocked out of the house, and Close and the other man escaped—I went down and saw Langley lying in the street—I took Ellen Close in custody—she said, "Come into my room, and I will tell you all about it; here are the things that were brought here by two men to-night; there has been a man and woman here to look at them, and they have given 3l. for them; they are going away to sell them in Old-street, if you wait they will be back shortly for them, and bring somebody with them; it is a short man and a tall woman that have bought them; the woman has a light mantle on"—I waited there an hour and a half, or two hours, and while I was waiting Caroline Dean came and knocked at the door—I took her in custody at once, before she said anything—after that James Dean came to the door, and was taken in custody by the other constable—I remained outside when Dean came to the door: he said to Vinning, who was with him, "Stop here, I will go and see that it is all right"—I took Vinning in custody in the street—he said that he knew nothing about it.
Ellen Close. Q. Did not I tell you that I was sitting in the dark with my child? A. You said something about going to buy a penny candle; the clothes were all stretched out on the chairs.
ADAM LANGLEY (Policeman, H 37). I went to the house with Doughty—I knocked at the door—Close opened it—we told him that a bundle had come there, and we wanted to see what it was—he said, "It has gone up stairs"—Doughty asked for a candle; it was given to him, and as soon as he got on the stairs, Close and another man rushed and knocked me into the street, and escaped—Ellen Close said, "Come in, and I will tell you all about it; here are the things you have come for"—they were stretched across two chairs; all sorted out—he said, "They were brought here by two men; a man and a woman have bought them, and gone to Old-street to sell them again; if you wait here a short time they will be back; it is a short man and a tall woman with a light cloak on"—we waited there about an hour and a half—Caroline Dean tapped at the shutters—I opened the door and let her in—she said that she knew nothing whatever About the
things—a short time afterwards James Dean knocked at the door—I let him in, and as soon as he saw who I wig, he said, "You have got me into a pretty shop of work; I know nothing whatever of the bundle"—nothing had been said then about the bundle—Doughty then brought Vinning in—I searched the room, and on the mantelshelf found these two rings, three brooches, and a pin—I asked Ellen Close who they belonged to; she said "The same parties who brought the things brought these"—in a drawer in a chest of drawn I found these two jemmys, two gimblets, and a centre bit and stock—we went to the Court next morning, and the prisoners were remanded—I found marks on Mrs. Cox's street door corresponding with this jemmy—they fitted exactly, and this one fitted the drawer up stairs.
THE COURT considered that there was no evidence against VINNING, DEAN, ELLEN CLOSE, and CAROLINE DEAN.
NOT GUILTY .
820. WALTER BROCK (18), THOMAS HANCOCK (17), WILLIAM CLARK (19), and JAMES ARCHER (34) , Robbery on Alfred Armstrong Walton, and stealing from his person 1 watch and guard, 4 seals, and 1 handkerchief, his property. Second Count, Feloniously receiving the same. MR. COLLINS., for the Prosecution, offered no evidence against JAMES ARCHER.
NOT GUILTY .
ALFRED ARMSTRONG WALTON . I am an architect, and live at Brecon, South Wales—on Saturday, 8th May, I was staying at the Crown Hotel, Leicester-square, and about 12 o'clock that night I was near Mile End-gate—a man asked me for something for a bed—he really appeared to be deserving, and I gave him a shilling—some time afterwards I was walking along to get a cab, and received a very severe blow with some hard instrument on my head, which completely stunned me, at the same moment a man, what appeared to be in a recess or doorway, sprang out, and struck me, in far less time than I am describing it, a severe blow on the forehead—his fist was armed with some hard substance I am positive, and I fell—I recollect some man tearing at my ring to get it off—here are the marks of his fingernail—as I came to my senses, I heard people say, "They are robbing the man; look at the blood"—I also heard a cry of "Stop thief!" and a paceing down the street—five or ten minutes afterwards, I found several women round me, bathing my head with hot water, and I found I had lost my silk-handkerchief, a gold chain, three little seals, two keys, and a silver watch—I believe Brock to be the man who struck me, but I should be very sorry to take away the liberty of anybody—I believe he is the man, from his light-dress—just before the blow I saw Hancock pass me and come back—this if my handkerchief and watch—I swear to it from a little indent which I did when I was fishing—I will describe the seals without looking at them; they are two cornelian stones and two other stones, and a light pink one—the larger one has a dove upon it—I also lost a sovereign, and about 12s.—my watch was worth 50s., and my chain 50s.
GEORGE PULLEN (Policeman, K 10). On Monday, 11th May, I saw Brock in custody on another charge—I said, "Brock, I want you for being concerned in robbing a gentleman; do you know anything about a handkerchief you had in your possession on Sunday?"—he said, "No"—I said, "Well, I know a young man named Holmes, who you sold one to"—he
said, "I do not know a young man named Holmes; I did not have a silk handkerchief in my possession"—he was then taken to the station—he called me one side, and said, "I do know a chap named Holmes, and he had some fowls in his possession yesterday"—I took Archer on Monday night—I saw Hancock about 1 o'clock on Tuesday morning in the Mile End-road, and said, "Hancock, do you know anything of a gold guard and some seals, which were stolen from a gentleman in the Mile End-road late on Saturday night or early on Sunday morning?"—he said, "No, I do not; but I know a young man they call dagger"—that is Clark's nickname—I looked after Clark, but could not find him all that night—I saw him outside the Thames Police Court on Tuesday morning, and said to him, "Do you know anything about a gold guard and seals?"—he said, "Yes," put his right hand into his pocket, took them out, and said, "There they are"—he turned round to Hancock, and said that he bought them of Hancock for 10s.—Hancock said, "Yes; I did have them in my possession, and I bought them of a man they call Backer"—I had taken Clark on the Sunday evening—I told him I suspected he was concerned in the robbery, took him to the station, and from thence to the Mile End-road, to a coffee-house—I could not get anybody to identify him, and allowed him to depart—I described the handkerchief, watch, guard, and seals—he said that he knew nothing about them—it was a gold guard, but brass seals.
Clark. Q. You took me to the coffee-shop, and Mr. Ball told you I had not been there at all? A. Yes.
EDWARD HOLMES . I am a general dealer, of 4, Henry-street Stepney—I bought of Brock this silk handkerchief (produced)—he asked 8d. for it, and I gave him 6d.—it was just outside Mr. Harvey's shop—Hancock was with him—it was on a Sunday, about half-past 9—I gave it to Pullen. Brock. Will you take the evidence of a convicted thief, Sir?
COURT. Q. Have you been convicted? A. Yes; I had a month—Mr. Pullen can tell you when it was, I cannot—it was about six months ago—it was for buying some silk—I have never had a charge made against me of stealing fowls.
JAMBS ARCHER . (The prisoner). I am a greengrocer, of 8, Manning-street, Limehouse—on Sunday, 11th May, I bought a watch of Backer for 12s.—Brock was with him—I was afterwards taken in custody, and on the following Monday week was put in the same cell with Brock, Hancock, and Clark—I said what a shame it is that the innocent should suffer for this robbery, and Brock said, "Lord, did not he give to him; he came up with his doubled hand like that, right betwixt the two eyes"—I said, "If you know anything at all about it you had better tell"—I sent for Serjeant Pullen, but instead of telling him that, they told him something about another robbery—he said that he only received 1s. 6d. out of the money, but I could not tell whether he meant out of the watch or the other robbery—I also heard Hancock say that Brock hit the prosecutor on the head with a stick, and knocked him down.
JOSEPH SKEATS (Policeman, K 428). On 9th May I was on duty in the Mile End-road, and heard cries of "Police!" and "Stop thief!"—I ran towards the spot, and saw three or four persons following a man, who was ten or fifteen yards in front of them, and calling "Stop thief!"—I joined in the pursuit, springing my rattle, but—the person got away—I found the prosecutor lying on the pavement, bleeding from a wound on the right side of his head, and his nose appeared pretty well smashed—he was very bad,
and had lost a great quantity of blood—I took him to the hospital, and got him sensible—he complained of being robbed—I got a cab, and sent him home.
Hancock. Q. Did you see me on Sunday morning? A. No; I did not see you till you were in Pullen's custody.
Brock's Defence. I met Barker when I was coming from the Gap at Limehouse; he was going to a coffee-house in the West India-road, and asked me to go with him; we went, and met John Neville; he showed the watch to him, and he offered money for it, but he would not take it He did sell it for 18s. but Neville said it was not worth the money, so he had it back again. He paid me some money which he owed me, and gave me the handkerchief for keeping the money so long.
Hancock's Defence. On Sunday night I met Barker. He asked me if I wanted to buy a brass chain for 1d. as he wanted some tobacco. I gave him 1d. for it. I saw the police-officers three times on Sunday and twice on Monday, and they said nothing about it. On Monday night the police-officers came to me at a coffee-shop, and asked me to have a cup of coffee. I said that I did not want it; I had just had one; but with a little persuasion I had a cup of coffee and a slice of bread and butter. They then asked me questions about the robbery, and we took a walk, but could not find Clark. They told me to bring him to the station, which I did the next day, and Glark gave him the chain; with that they took us and gave as a pot of beer and some tobacco at the Prince of Wales, and about an hour afterwards they came and told us the inspector wanted to see us. He came over, and said he was in duty bound to send us before a Magistrate.
BROCK and HANGOCK— GUILTY .**
CLARK— GUILTY on the Second Count.
Hancock was further charged with having been before convicted at the Thames Police Court, in January, 1863; to which he
PLEADED GUILTY.** BROCK and HANCOCK.— Eight Years Penal Servitude.
CLARK.— Confined Twelve Month.
MESSRS. SLEIGH and LEWIS conducted the Prosecution, and MR. PATER the Defence. The prisoner received a good character. GUILTY of a common assault .— Confined Six Months .
OLD COURT.—Thursday, June 11th, 1863.
Before Mr. Baron Bramwell.
MR. SERJEANT BALLANTINE, with MESSRS. POLAND and REED, conducted the Prosecution.
EDWARD MERRY . I am clerk to one of the Messengers of the Court of Bankruptcy—I produce the proceedings under the prisoner's bankruptcy—the petition is dated 14th April, 1862, and the adjudication the same day.
Cross-examined by SERJEANT PARKY (with MR. SLEIGH). Q. Has the bankrupt passed his last examination? A. Not yet that I am aware of—the last time he came up he was arrested before he came to the Court—I see by the proceedings that he passed his last examination on 20th February, 1863—I do not recollect being present—he was arrested on 11th April on this charge—I don't know how many times he came before the Commissioner
for examination—I do not think there was any order by the Commissioner to prosecute—I don't know by whom he was given into custody.
THOMAS MOORCROFT . I am a Messenger in the office of the Chief Registrar of the Court of Bankruptcy—I produce a declaration of Insolvency, dated 12th April, 1862, properly to be signed by the prisoner, it was filed on the 14th.
Cross-examined by MR. SERJEANT PARRY. Q. Did the prisoner come to your office to consult you as his attorney. A. I saw him for the first time on the 12th April—I don't think either of my partners saw him before that—I believe some gentleman connected with our office had seen him—it was by my advice that he signed the declaration of Insolvency—he explained to me that he had failed in getting money from Hamburg to meet his engagements—he gave me a list of his creditors, and I then found that the largest of them, Messrs. Moses, Son, and Davis, were clients of ours, and I told him in their interests that he had better file a declaration of Insolvency—he did so at once—I explained to him that that would be an act of bankruptcy, and that anybody might petition to make him a bankrupt—I sent to Messrs, Moses, Son, and Davis to acquaint them with the fact—it was on their petition that he was made bankrupt on 14th April—he was aware that I intended to communicate with them; I told him that was my object—I don't remember his saying anything to me as to the sum of money that he had sought to obtain at Hamburgh—he had previously seen some of our clerks, and had made some communication to them.
ELLAS DAVIS . I am a member of the firm of Moses, Son, and Davis, and carry on business in Cheapside—we are the petitioning creditors in this case—on 14th April, 1862, the prisoner was indebted to us some 700l. for goods supplied—I produce his acceptance for 250l. 14s. 3d., part of that 700l.—that bill was due when we filed the petition—(the bill was dated December 10th, 1861, at four months)—we had received money from the prisoner—I cannot tell how much—not a large sum—the 700l. was the balance.
Cross-examined. Q. Have you not received as much as between 600l. and 700l. from him? A. I think not—I have here his general account from the commencement, made out from the ledger; by this it appears to be 250l.—I have not the ledger here—I think I could undertake to say he has not paid us as much as between 600 and 700l., but I should not like to say positively without reference to my ledger—we knew that he had sent the goods to Hamburgh—he did not say that he had entered into an agreement with his uncle, or with a George Hirschman & Co., of Hamburgh, to consign goods to them for sale; we knew the goods went to Hamburgh, but were not aware who they went to—I don't know that they were sent to Messrs. Dunkelly & Co., of Hull, for that purpose; those matters are left to those who carry out the working part of the business; I can speak very little to the details—I don't know that he has returned goods to us as not suitable—I know very little about the prisoner's dealings with our firm, less than anybody else in the firm.
MR. SERJEANT BAXLANTINE. Q. You signed the petition, I believe? A. Yes, and made the necessary affidavit.
1862, the defendant called at my office—I had not known him before—he gave me his name land address, and he wanted to buy some printed reps to ship to the content—he selected goods to the amount of 302l., and ordered them to be sent to Southgate's, his packers; they were accordingly sent that day—an arrangement was made that they were to be paid for at three months from date—on 21st February he called again and selected goods to the amount of 261l. 2s., 7d., which were also sent to Southgate's—he stated that the goods he had first purchased had sold very well, and he had received a telegram from Hamburgh to send more; those goods were a mixture of cotton warp and wool weft, a heavy make of dress goods—we did not let him have the second lot of goods without payment, Mr. Young was up at the time, and he agreed to give 100l. in cash, instead of doing so, he gave a bill at eight days on his uncle at Hamburgh, we sent it but it went astray, and a second one was sent which was paid; that was 97l. 10s—2 1/2 off—the remainder of the debt is still due.
Cross-examined. Q. What were the articles that he bought of yon? A. 312 pieces of printed reps, and 46 pieces of printed lustres or delaines—I showed him some shawls and dresses which I wished him to buy, and which he declined—he did not say they were un sale able, he did he did not want them—I showed him whatever I had in the place and pressed him to purchase—they were the remains of the previous season's goods—all fancy goods are very much depreciated at the fall of the season—I think I had an idea that the goods were going to Hamburgh, but how, I do not know.
GEORGE BOYCE . I am porter to Mr. Walker—on 7th February, 1863, I delivered 312 pieces of reps, and 52 pieces of lustres, at Messrs. Southgate's, and on 22d February, I delivered there 243 pieces of reps and 60 pieces of lustres.
WILLIAM FARR . I am clerk and manager to Messrs. Southgate—I keep the receiving book—on 7th February, 1862, I find an entry of "foulards" from Walker to Hirschman, they are the same as reps—the entry is in the writing of a clerk who is dead—on 22d February here is an entry of 306 pieces of reps from Walker to Hirschman—the goods received on the 7th were packed in three bales marked H 109, 110 and 111, and one case marked 112—they were sent to Cox's quay—those received on the 22d were packed in three bales marked H 117,118, and 119, and the case 120—they were also sent to Cox's quay.
GEORGE BRAMWELL . I am clerk to J. Neale & Co., of Cox's quay—on 7th February, I received three bales and one case, marked H 109 to 111, from Messrs. Southgate, and on 22nd February, three bales and one case, marked H 117 to 120—they were shipped into Lucy's craft for the Hamburgh boat.
JOSKPQ LUCY . I am a lighterman—I received from Cox's wharf the three bales and one case, marked H 109 to 112, and shipped them on board the Hamburgh boat Caledonia, and on 22nd February I shipped three bales and one case, marked H 117 to 120, on board the John Bull for Hamburgh.
JAMES PHIPPS JOHNSON . I am a commission agent, and carry on business at 20, Bread-street—I am agent for Messrs. Field, of Skelmanthorpe, manufacturers of woollen and cotton goods—on 1st March, 1862, the prisoner called on me—I knew nothing of him before—he gave me some references which were highly satisfactory—I sold him 577 cotton and worsted petticoats at 108l. 3s. 9d.—the goods were on my premises at the time—they were sent to Messrs. Southgate's on 3rd March—I can't say that the prisoner
said on that occasion where the goods were to go to, bat I knew from the gentleman who introduced him—he called again on 7th March, and bought 329 petticoats for 57l. 11s. 6d.—on that occasion he stated that the goods were consigned to his uncle at Hamburgh—they were sent to Messrs. Southgate's—both parcels were sold on credit, with a four months bill from—the date of invoice—I have the bills with the prisoner's acceptance to each—I have never received a farthing from him for those goods—those were the only transactions that I had with him on behalf of Joseph Field.
Cross-examined. Q. I believe you offered to sell him many things that he did not buy? A. No, I did not; unfortunately for me, he bought all that I had on the first interview—I did sell him other articles on my own account—he never returned any of those goods, nor were any returned to Mr. Field—the references I received were Moses, Son, and Davis, John Round, of the Tudor works, Sheffield, Dunn & Co., of Wood-street, George Wright, of Wood-street, Messrs. Speilman the bankers, and the party who introduced him, Mr. Swann—they are highly respectable persons, in fact so respectable, that if you refuse their references you may as well close your place.
COURT. Q. Did you merely receive the references, or did yon inquire of them? A. We kept the goods for two days, making inquiries, and when we found they were satisfactory we delivered the goods—the persons to whom be referred gave a good account of him.
JAMES YATES . I am a porter, in the service of Mr. Johnson—on 3d March, 1862, I delivered 577 petticoats to Messrs. Heritage and Starbucks Little Distaff-lane—they fetched them from our place on 7th March—I delivered 329 petticoats at Messrs. Southgate's.
WILLIAM FARR (re-examined). On 3d March, 1862, I received 577 petticoats from the porter of Messrs. Heritage and Starbuck—we entered them as from Johnson, of Bread-street—they were packed in one case and two bales, marked H, and sent on to Cox's quay for shipment to Hamburgh—on 7th March I received 329 petticoats from Mr. Johnson—they were packed in one bale, marked H, and sent on the 11th to Cox's quay for Hamburgh,
JOSEPH LUCY (re-examined.) On 4th March, I received one case and two bales, marked H—they were shipped on board the Berlin for Hamburgh, and on 11th March, one bale (amongst others) marked H, which was shipped on board the John Bull for Hamburgh.
JOHN IRWIN CLARK . I am a warehouseman, at 22, Laurence-lane—on 10th or 11th March, 1862, the prisoner came to my warehouse—he was a stranger to me—he informed me who he was, and gave references to Moses, Son, and Davis, and Bell and Co. of Wood-street, which were satisfactory—he selected 100 pieces of gingham, and 40 pieces of flannel, amounting to 245l. 1s. 8d. which were delivered at Southgate's—he gave me this bill at three months—when it became due it was dishonoured—that was the only transaction I had with the prisoner—I never received a farthing from him.
Clark 240 pieces of goods to be packed for the bankrupt—I took them to Southgate's.
WILLIAM FARR (re-examined). On 12th March, I received from Garlick 240 pieces of gingham, and 40 pieces of flannel to be packed—they were packed in three bales, marked H 128 to 130, and were forwarded to Cox's quay on 13th March.
Cross-examined. Q. Do you know that goods have been sometimes returned by Mr. Hirschman? A. I am not aware of it—I am not aware of any goods returned for Moses, Son, and Davis.
WILLIAM JOHNS . I am a partner in the firm of Mullett and Johns, woollen warehousemen, of 2, Clement's-lane, General Post-office—we are creditors of the bankrupt to the amount of 193l.—on 11th March, 1862, he purchased five pieces of woollen goods to the amount of 28l. 17s. 10d.—they were to be sent to Southgate's to be packed—they were bought on credit—they have not been paid for.
Cross-examined. Q. Did you sell the goods to the prisoner? A. Yes; I have frequently offered him goods at prices which he has refused to take—they were woollen goods that I sold him; not old stock—he has not refused my prices, or have 1 afterwards sent them to Southgate's at his prices.
HENRY JONES . I am manager to Mr. Dixon, a manufacturer of iron tubes at Wolverhampton—on 4th January, I received a letter dated 4th January, in consequence of which I came up to London and saw the prisoner—I think I had the letter with me, and showed it to him, to say that I had come in answer to it (read:—4th January, 1862. Sir, I require a large quantity of gas-tubing; please quote your largest discount and terms of payment; I can of course give you satisfactory references. A. Hirschman.")—the prisoner gave me this order—his clerk, I think, wrote it in his presence—it consists of gas-tubing to the amount of 42,000 feet, the invoice value of which was 364l. 19s. 2d.—he directed me to forward the goods to Messrs. Dunkelly, of Hull, which I did—on 1st February, a letter came to our office, after which some further goods were forwarded to Dunkelly's to the amount of 399l. 1s.—this other letter (produced) was afterwards received by our firm—it is dated 20th February—we sent some other goods amounting to 34l. 3s. 10d., on the 26th, to Dunkelly's—we have never received a penny from the bankrupt—those were the only transactions we had with him.
Cross-examined. Q. Did you receive references from him? A. I did—I applied to two; to Bell and Co. of Wood-street, and Anderson and Co. of Billiter-street—as far as I know they are highly respectable persons—I supplied the goods on the strength of the information I received from them.
1861, until his bankruptcy in May, 1862—two of these letters are in my writing, the other is the prisoner's—these two were written by his desire—(these were the letters written to Mr. Dixon)—the prisoner went to Cologne on 22d February—he said if people called I was to tell them he was out of town, bat not to tell them were he was; I was to lead them to suppose that he was in England—shortly after his departure I received this letter from him, containing this in closure—(This letter was dated, Cologne, 24th February, 1862, stating that he should not be in town until Thursday, and directing the witness to send the enclosed bills to L. Booth and Son, Sheffield; the enclosure was a request to Messrs. Booth to renew a bill, due on Friday, for 102l. 14s. by a bill at two months, as he had been disappointed in remittances)—I forwarded that letter—the prisoner came back from Cologne on 27th February—he went abroad again about 26th March—he said he was going to Hamburgh—he told me to say he was in Scotland—he came back about 10th or 11th April, on the Friday, as he became bankrupt on the following Monday—a great many people called at the office during March and April; some while he was there, and others while he was absent—I told him they had been, and what for—they were almost all creditors—after the bankruptcy I delivered up all the books and papers belonging to the bankrupt, to Mr. Cooper, the accountant—I have heard of Aitkin Brothers, of Manchester—I saw no goods purporting to come from them.
Cross-examined. Q. The prisoner had no warehouse, had he? A. Only an office—I was with him from 18th September—when he went to Hamburgh he told me that he was very anxious to get money from his uncle, George Hirschman—he said he was going to have a draft of money—he did not tell me the sum—I believe he said he went to get the money to meet his March and April engagements—I did not Keep the books; there were not any kept—there was a bill-book and a cash-book, and there was what he called a day. book—that was all that I knew of—I did not keep them.—there was a letter-book in which I used to copy letters, and I used to write letters for him.
ARTHUR JOSHUA JOHNSON . I am salesman to Aitkin Brothers, calico printers, of Manchester—on 25th March, 1862, the prisoner called at our warehouse there—that was the first time I had seen him—he made a purchase of me to the value of 240l. 12s. 6d.—he said that he was a merchant in London, that that was his visit to Manchester, and he expected he should be able to do a large business with us—I wrote down his name on a piece of paper along with references—I have lost that piece of paper—it contained his name, "Albert Hirschman"—he gave us references, without being requested, and they were quite satisfactory—I thereupon supplied him with 240l. worth of sheeting—it was to be paid for in a month's time—before the month was up, I saw in the Gazette that he was a bankrupt—we have never received a farthing—the goods were sent to Messrs, Dunkelly, and Co., of Hull, to await his order—they were packed in seven bales, marked 1 to 7—as soon as we found that he was a bankrupt we telegraphed to Dunkelly's to detain the goods, but they had left for Hamburgh.
Cross-examined. Q. Who were the references? A. Bell and Co., and Hancock—we were satisfied with them, and on the faith of those references we supplied the goods.
WILLIAM GRAY . I am clerk to Messrs. Venn and Son, notaries—I produce a bill of exchange for 105l. 14s. 7d. dated 26th September, 1861, drawn at four months, by Smart and Ogg, accepted by the prisoner—it is made payable at Spielman and Co.'s, bankers, London, on 4th February, 1862—it was dishonoured.
THOMAS TRELLY . I am in the house of Laurence, Plews, and Bowyer—I served the prisoner with a writ for 105l. 7s. 1s. at the suit of Smart and Ogg, on 6th March, 1862, at his place of business in Moorgate-street—it was a twelve day writ, under the summary procedure act.
EDWIN DANIEL HATCH . I am clerk to Mr. Buchanan, solicitor, of 13, Basinghall-street—I produce a writ in the Exchequer, dated 20th February, 1862, at the suit of Henry Burningham, for 252l. 18s. 8d—I served it on the prisoner in Moorgate-street, on 21st February, 1862—I believe an arrangement was subsequently made for the payment by installments—an installment of 30l. 10s. was paid on 6th March—that was the only payment.
Cross-examined. Q. Have you got the payments endorsed on the write? A. No; I am referring to the papers in the case—I looked at the ledger this morning, and saw a payment of 30l. 10s. on that day—that is all that has been paid into our hands—Mr. Burningham is not here.
ROBERT HENRY KNIGHT . I am clerk to Messrs. Sole and Turner, solicitor of Aldermanbury—I produce a writ of summons in the Exchequer, dated 5th March, 1862, against the prisoner, at the suit of Messrs. Gillies, for 93l.—Messrs. Linklater gave an undertaking to appear on 7th March, an arrangement was made, I think, on the 17th, to pay by instalments, and 50l. was paid on the 18th—the balance was to be paid on the 7th April—it was not paid, and judgment was signed on the 8th—nothing further was paid.
FREDERICK JAMES COOKE . I am clerk to Messrs. Carritt and Son, solicitors, of Basinghall-street—I have a writ against the prisoner, dated 19th March, 1862, for 95l. 10s. 4d., at the suit of Peter Eddleston and Williams—Messrs Linklater gave an undertaking to appear on 1st April, 1862, and they appeared on the 8th of that month.
WILLIAM JAMES RATCLIFF . I am clerk to Mr. Smith, solicitor, of Token-house-yard—I have two writs against the prisoner in the Common Pleas on 21st March, one for 32l. 7s. 10d. at the suit of John Masters, and one for 70l. at the suit of William Green—personal service was substituted by order of Mr. Justice Keating; and I have also an order of Mr. Baron Bramwell, dated 7th April, 1862, substituting personal service in another case—I was not able to meet with the prisoner, and did not succeed in serving him—I found Mr. Wootton, his clerk, there on several occasions when I called.
RICHARD THOMAS FAIRCHILD . I am clerk to. Messrs. Mason, Sturt, and Mason, solicitors—I have a writ issued from the Exchequer, on 9th April against the prisoner, for 36l. 0s. 11d—I served it on the prisoner.
MR. SERJEANT PARRY to JAMES WALKER. Q. Did you get references? A. Yes; they were satisfactory, and on the faith of them I supplied the prisoner with the goods.
GEORGE BLAGRAVE SNELL . I am one of the short-hand writers appointed by the Court of Bankruptcy to take notes in cases arising there—on 16th February and 18th March, when the bankrupt was examined, I attended
and took notes of the examination—the transcript which is on the file of the proceedings is a true and correct transcript of the evidence then given—the bankrupt's counsel and attorney were present on both occasions.
Cross-examined. Q. Was the first examination conducted regularly under the Bankruptcy Act, and signed by the prisoner? A. I believe it was; each sheet is signed—the second examination is not signed, but it was faithfully taken down by me—I wrote it in short-hand, and dictated it to my clerks, who wrote it out—I cannot tell who was present at the examination on 16th February—it was a private examination—if I recollect rightly, it was held in Mr. Commissioner Fane's court—the Commissioner was not sitting—it was not in open court; these examinations are not conducted in open court—I think it was before Mr. Registrar Roche—Mr. Reed examined the prisoner—I think Mr. Sargood was there on the prisoner's behalf, and I think Mr. Munns was there—the second examination was also private.
(These examinations were put in and read; they were in substance to the effect that the prisoner, upon leaning Hamburgh in August, 1861, was indebted to his uncle to the amount of 8,000l., having made himself responsible for a debt of his father's to his uncle of 6,000l.; and that he also owed to other creditors it Hamburgh a further sum of about 6,000l.; that these embarrassments, and the failure of remittances from his uncle, were the cause of his bankruptcy).
KARL PIETOR DER REEHORST . I am a professor of languages—I am acquainted with the German—I translated this letter (produced) verbatim and correctly, except where there are a few words illegible—this is a copy of the translation. (This was a letter referred to by the bankrupt in his examination; it was dated Hamburgh, Sept. 10, 1861, and purported to be from his uncle, reminding the prisoner of his, undertaking to pay his father's debt, and enclosing bills for his acceptance for that purpose).
JAMES COOPER . I am a-partner in the firm of Johnson, Cooper, White, and Co., accountants—I have, under the direction of the assignees, investigated the whole accounts of this estate—the debts, as stated by the bankrupt, are: to creditors unsecured, 15,962 5s. 11d.; secured, 821l. 2s. 11d.; liabilities to his uncle, 6,511l. 6s. 4d.; making a total of 23,294l. 15s. 2d.
COURT. Q. When you speak of the liabilities to the uncle, do yon mean, according to the accounts which the uncle has rendered, and the statement which the bankrupt has given of the debt to the uncle? A. Yes.
MR. REED. Q. On the other side what property is there given up to the assignees? A. The property actually given up is a sum of 35l.; besides that, there is an amount due from the uncle on account of sales of 1,209l. 16s., which he retains on account of the 6,511l. liability; and besides that, there are goods in his hands unsold, estimated by the bankrupt at 250l.; property in the hands of creditors, 91 cases of hock, 87l. 4s. 9d.; and an estate in Prussia, upon which the prisoner advanced 1,765l. 18s. 3d.; the total of the credit side of the account is 3,347l. 19s.—the sum actually in the hands of the assignees was 35l.; that went into the hands of the solicitors, and has been retained by them for costs—the total amount which has come to the hands of the assignees is 7l. 10s.—the hock would have to be deducted from the debt of the secured creditors—the ultimate deficiency appears to be 19,942l.—he commenced business on 15th August, 1861, and, according to his own account, he then owed to creditors 6,664l. 14s. 4d.,—that includes the private debt to his uncle of 1,692l.—beyond that there is the liability on his father's account, which he took upon himself, of 6,511l. 6s. 4d., making a total of 13,176l. 0s. 8d.—the assets were: cash at his bankers, 25l. 16s. 9d.;
goods left with his uncle estimated by him at 3,000l.; and debt due to him by Phebeg, 1,500l.—that is on a Prussian estate—then there are a few share which are taken at no value at all, it is put in as a memorandum that there were some shares—giving him credit for all that he possessed at that time, his actual deficiency was 8,650l. 3s. 11d.—that was his position when he commenced business in England in August, 1861—the debt due to him by the Prussian has increased since by further advances—I have here an account of the purchases he made during the eight months he was in the trade in England—they amount to 23,554l. 14s. 6d.—if you add to that 15 per cent. which he said he put on the invoices to his uncle, the amount is 27,241l. 14s. 3d.; and then, adding the 3,000l. which the uncle already had in his hands, it comes to 30,243l.—according to their statement, the produce of that amount of goods has been 18,108l. 7s. 8d.—that is from the accounts rendered by the uncle that they sold for that—that would be a loss of about 12,000l.—against the 18,000l. realised by the sale of the goods, the uncle deducts 1,692l. 5s. 8d. as his private debt, due to him when the bankrupt began—he sends the bankrupt cash and bills amounting to 13,213l. 2s. 7d., and goods as well, 160l. 7s. 9d., deducting for freight, commission account, 2,140l. 6s. 8d., and for the difference in exchange, 123l. 5s. 2d.; then to the 18,000l. is added, cash and bills paid by the bankrupt on the uncle's account, 431l. 16s. 5d.; that leaves 1,209l. 16s. left in the uncle's hands—the gross amount of the deduction is 17,330l. 7s. 10d., leaving 1,209l. 10s. in the uncle's hands—according to the account furnished, the goods appear to have been sold at 31 per cent, below the cost price, averaging them altogether—if you deduct the other charges for freight, commission, and difference in exchange, it will make a still greater percentage—the aggregate amount from the deduction would be 2,400l.; that would make the percentage 2,264l. 11s. 10d., 33 per cent—I have the banker's pass-book here—the bankrupt's account with Messsrs. Spielman was opened on 30th April, 1861—there was 35l. 19s. in cash in the bank on that day—that appears to have been drawn out on the following day, the 1st of May—on the 3d., 100l. was paid in, and on the 4th, 1l. 12s.,—at the end of the month the account seems exactly to have balanced, there was nothing whatever in hand—at the end of June the balance at his bankers was 23l. 8s. 9d.; in July, 20l. 16s. 3d.; in August it was overdrawn to the extent of 30l. 14s. 10d., although on the 15th the balance was 25l. 16s. 9d. in his favour—at the end of September the balance was 4l. 18s. 6d., at the end of October it was overdrawn 4l. 2s. 2d., at the end of November the balance was 45l. 13s. 10d., in December 36l. 17s. 9d.—on the 14tb January, 1862, the account was overdrawn 14l. 11s.; at the end of the month there was a balance of 97l. 10s. 1d.; at the end of February it was overdrawn 20l. 19s. 1d.; at the end of March it was overdrawn 10l. 2s. 6d.; and on the 14th of April, at the time of the bankruptcy, it was overdrawn 1s. 8d.—there is no record whatever in any book of the bankrupt's that has any reference whatever to the sum of 1,692l. said to be owing by him to his uncle—none of the bankrupt's books show either of the alleged debts to the uncle—there is no book or paper in his possession having reference to any such transaction, except the letter that has been produced—the whole of the books and papers have been placed in my hands for investigation—there was no cash-book—I made one up from the banker's own books and the vouchers—there is a bill-book—there is no reference in that bill-book to the bills which he says he gave his uncle—I have a list of the bills that became due in each month—the first bill that I have as being dishonoured was one due on 5th December for 299l. to Mr.
Burningham—there has been 173l. 14s. paid by instalments on account of that—there is a bill of 4th February, 1862, of Smart and Ogg, for 105l. 14s. 7d.—25l. has been paid on account of that—on 4th March, there is a bill of Berry and Co. for 168l. 7s.—on account of that cash has been paid 150l., and "brandy realised 12l."; therefore that has all been paid except 6l. 7s.—on the same day there is another bill of George Rugg and Co. for 139l. 12s. 8d.—I think that is still owing—on 10th March there is a bill of Hirschman and Co. for 73l. 10s.; on 15th March, one for 118l. 6s. 9d. of Pemberton and Co.; and one for 70l. of Mr. John Marston; on 23d March, one of George Rugg and Co. for 289l. 16s. 5d.; on 28th March, one of Round and Son, of Sheffield, for 245l. 10s. 7d.; on 1st April, one of Savage and Co., 26l. 14s. 9d.; on 4th April, Bell and Co. 168l. 3s. 6d., Lloyd and Attree, 38l. 3s., Mills and Johns, 59l. 11s. 6d., Moses, Son, and Davis, 216l. 11s. 10d., Robert Ray, 76l. 1s. 3d., and Rugg and Co., 103l. 6s. 4d.; on 5th April, Griffith and Blewett, 140l. 10s. 6d., Hayward and Co., 196l., and Musson 107l. 11l. 6d.; on 6th April, Gibson Brothers, 187l., 75l. paid on account, leaving a balance of 112l.; and on the same day, Hancock, 433l. 15s., and Southgate and Co., 24l. 14s.; on 8th April, Wright and Nathaniel, 148l. 14s. 8d.; on 9th, Craven, 192l. 4s. 6d.; on 10th, Hilton, 99l. 18s.; Hancock, 190s. 6s. 2d., and the West-ham Gutta Percha Company, 59l. 1s. 9d.; on 11th, Bradbury and Co., 122l. 13s. 7d., and Goodall and Co., 108l. 7s. 6d—the bankruptcy then ensues—I have also here a statement showing the amount of balances in the aggregate that were coming due in each month; the total in January was 1,105l. 4s. 2d—some of those were paid, with the exception of those to which I have, drawn attention—I see the whole of the January bills were paid—none were dishonoured—in February the amount of bills coming due was 2,032l. 10s. 8d—those were all paid, except Smart and Ogg—in March the amount if 2,347l. 10s. 3d.; in April, 4,537l. 11s. 5d.; May, 1,858l. 1s. 1d.; June, 3,324l. 0s. 11d.; July, 2,285l. 8s. 7d.; August, 108l. 17s.—I have the balance-sheet before me—I am not quite sure whether the whole of the debts upon which the bankrupt was sued are admitted in this balance-sheet—there is one here not mentioned, Green—with that exception they are admitted—I have the bankrupt's letter-book—on 14th December, 1861, I find a letter from the bankrupt to his uncle (read: "Messrs. G. Hirschman and Co., Hamburgh. Dear Sirs,—Perceiving from your last that you hold such a quantity of stock unsold, I request you to dispose of the goods as well as you can and remit me, as I am in want of money.—Yours faithfully, Albert Hirschman,")—The amount of goods consigned by the bankrupt to his uncle is 14,754l. 17s. 10d. from the 14th of December down to the bankruptcy; the 15 percent has to be added to that—here is a letter from the bankrupt to his uncle of 2d February, 1862, written at the foot of an invoice for 28l. 19s. 3d. (reads: "Remit as much money as you possibly can immediately; and if you are not in funds sell goods, for I must not be kept short of money")—After the date of that letter, the value of the goods consigned to his uncle is 8,313l. 19s. 8d.
Cross-examined. Q. The bankrupt did not keep a perfect set of books, I perceive? A. No; as far as those that he did keep went, I found them to be nearly accurate and truthful—as regards the statement of accounts, there were a few cheques made payable to self, some applied to business purposes, with which we have had to deal in the best way we could—he gave me every possible assistance in making out the accounts—he answered every question I asked him—he passed his last examination, by consent—we
imagined that we had got the best we could—I cannot say that I am satisfied that the whole of the goods that went to Hamburgh are accounted for—with that reservation, I may say that, as to the amount of property which was consigned, and the amount of money received, it is accurately stated in the books; his accounts are satisfactory—he rendered a very voluminous account of all the sales—I believe all the money that the bankrupt had remitted to him has been accounted for—if he has done wrong it has been in a different way from that of abstracting property from his creditors—his personal expenses for the eight months were 382l.—that includes travelling expenses—I should say that just over 12,000l. has been paid to both old and new creditors, the new creditors being about 8,000l., and the old rather more than 4,000l., the uncle retaining his 1,600—the bankrupt's payments to creditors in December were 1,036l.; in January, 1,499l.; in February, 1,967l.; and in March, 1,468l.—I do not find anything in April—there are a few payments, but we cannot affix any date to them, there may have been some in April—it appears by the letter-book that he countermanded several orders in April—I see on 3d April he couttermanded an order to Griffith and Blewett, of Birmingham, and Holds-worth and Co., of Sheffield, Newbold Brothers, of Sheffield, and Walters and Co., of Sheffield, all on the same day—I have not the amounts of those orders—I know, from conversations with him, that he telegraphed to Dunkelly and Co., of Hull, not to send any more goods to Hamburgh—I believe he did so—I believe the solicitor to the estate advised him to do so—he gave me a list of goods that he had left at Hamburgh when he came over—this is it—as to the amount I am entirely in the dark—the amount he affixed to them was 3,000l., but I have no means of judging of the value—he told me that he had been to Hamburgh in March, and had been disappointed in getting money—I do not think he mentioned the amount.
MR. SERJEANT PARRY submitted that there was no evidence to support the counts framed under the 221st section of the Bankruptcy Act, there being no personal act of the prisoner's in making away with goods: nor was there evidence of any false pretence, as alleged in other counts framed upon the 11th section; that section had received an interpretation in Reg. v. Boyd, 5 Cox Crim. Casesf 502, upon which he relied; the disposal of the property was not by the prisoner; but took place at Hamburgh, out of the jurisdiction of this Court Mr. SLEIGH, on same side, called the attention of the Court to the case of Reg. v. Raudnitz, tried last Sessions (Sessions Paper, Vol 58 p. 77), which he cited for the purpose of showing that a person could not be convicted in this country of disposing of goods abroad. Mr. BARON BRAMWELL was of opinion that the case must go to the Jury.
The prisoner received a good character. GUILTY on all the counts except the 19th and 20th,— Two Years' Penal Servitude.
THIRD COURT.—Thursday, June 11th, 1863.
Before Mr. Common Serjeant.
PLEADED GUILTY .*— Confined Twelve Months. Mr. Daley, for the Prosecution, offered no evidence against JOHN ROWLEY.—
NOT GUILTY .
WILLIAM HENRY CHARLESWORTH . I am a stockbroker, and reside at 57, Harley street—on Monday night last, about 7 o'clock, the night of the ball, I was in Cheapside, and just by Queen-street I missed my watch—I did not feel anything; it had been taken from the swivel—the bow of the watch was broken—I looked about in the crowd, saw a man I suspected, and kept my eye on him—it was not the prisoner, but he called to the prisoner, who came up to him quite close, they then separated, and I followed the prisoner, and saw my watch in his hand—I was then within a yard of him—I came to a policeman, and gave him into custody—the policeman afterwards showed me my watch—this is it (produced)—I had it safe in my pocket before.
NIGHTINGALE (City-policeman, 632). The prisoner was given into my custody by Mr. Charlesworth—he said that he believed the prisoner had got his watch—at that moment I saw a motion of the prisoner's hands, as though he passed something from one hand to the other—I endeavoured to seize his hands, and from his right hand he dropped this watch on the ground—I took him to the station, and Mr. Charlesworth charged him.
Prisoner's Defence. I have nothing to say. I did not steal it.
GUILTY on the Second Count. * †— Confined Eighteen Months .
MR. HORRY conducted the Prosecution.
SUSANNAH UPJOHN . I am the wife of Edward Upjohn, and am housekeeper at 2, Lower Belgrave-street—Mr. Harrington Balfour lodges there—on 14th May we had a dog in the house belonging to him, and it was missed on that day—on Monday the 25th, Kendillon called at the house, and inquired if Mr. Upjohn was at home; I said, "No"—he said, "I have called respecting the dog you have lost" (bills had been printed)—I said, "Mr. Upjohn is not at home, can I go with you to see the dog?—he said, "No, you had better not; it would be better Mr. Upjohn should come"—I said he was out of town, and would not be home till late, and we arranged that on the Tuesday morning Mr. Upjohn should go to 31, Regent-street, Chelsea, the address given by Kendillon—I understood him to give the name of Dillon, but it might be a mistake—I communicated what had passed to Mr. Upjohn when he came home—the next day, the 26th, Kendillon called again, and said he had called respecting the man who had previously called on my husband—I then said, "5l. is a great deal of money to give without the dog being produced," and he said, "They are always sure to produce the right dog"—he then went away—on the 27th he called again, accompanied by the other prisoner—both of them spoke to me, more especially Crowley—they said they had called respecting the dog again—I told them Mr. Upjohn had gone to 31, Regent-street, Chelsea, to see them still further about it, and I asked Crowley how long it would take him to go to Shoreditch (they had stated before that the dog was at Whitechapel)—he said, "Two hours"—they then said they would go away, and wait outside half an hour—at the end of that time Crowley came back alone—I sent Mr. Balfour's valet for him; Mr. Upjohn had returned in the mean time, and these was a policeman in the house—he heard anything further that took place.
Cross-examined by MR. COOPER. Q. I believe the hand-bill offered 2l. reward for this dog? A. Yes; it had been out nearly a fortnight before these men called—we had one other application about the dog—on the
Monday some one brought a dog, but it was not the right one—we lost the dog once before—I never gave a farthing to either of these men—they never asked me for any money—I did not offer them money, and they did not say, "We will not have it unless the dog is yours"—they came openly to the house; rapped at the door in the usual way.
EDWARD UPJOHN . I keep the house, 2, Lower Belgrave-street—on Tuesday, 26th May, from what my wife said to me, I went to 31, Regent-street, Chelsea, to see Kendillon—I saw both the prisoners; I said to Kendillon, "I come to ask you respecting a dog, you called yesterday at 2, Lower Belgrave-street, and said you thought you knew were the dog was," or something to that effect—he said, "If you come with me I will show you; here is a man here who knows a gentleman who has bought a dog for 5l. resembling the dog advertised, and no doubt if it is your dog he will let you have it for the 5l—I said, "I could not afford to give more than the reward—I had offered 2l., but I would immediately see Mr. Balfour on the subject, and if he would allow me to take the 5l., and go down to Shoreditch to see the dog, I was quite willing to go—Crowley had said the dog was at Shoreditch—Crowley was there all the time this conversation was going on—it was in the street—Kendillon said he would take me to the man who had my dog, and he took me up to Crowley, about thirty or forty yards from his house, I should, think, and then this conversation passed—on 27th the next day I saw Crowley at our house alone—Mr. Balfour was there at that time, and a policeman also, within hearing—Crowley said he had called respecting the dog, and I said, "I have sent Mr. Balfour's servant over to his father's in Eccleston-square to send for him"—he came, and I said to him in Crowley's presence, "This is the man who thinks he can find your dog, and if you will allow me to take the 5l. and go down to Shoreditch with him, I will go, and if it is our dog I will bring it home"—Mr. Balfour immediately called in the constable, and give him in custody.
Cross-examined. Q. Did you ever give either of these men, a shilling? A. No.
HARRINGTON BALFOUR . I reside at 2, Lower Belgrave-street, Eaton-square, and belong to the Bengal Civil Service—Mr. Upjohn had the care of my dog—on the 14th May this hand-bill (produced) was circulated offering 2l. reward—in consequence of a communication from Mrs. Upjohn, on the morning of the 27th I came to the house from Eccleston-square—I saw Crowley talking to Mr. Upjohn in the back-room, and he said if Mr. Upjohn went with him, and paid 5l. down, the dog would be given up, if it was. my dog—Mr. Upjohn told me it had a collar on when it was lost—it always had a collar on.
Cross-examined. Q. The value of your dog is considerably more than 5l., is it not? A. I valued it at 3l. before the Magistrate, but I do not know what the value of it was—they said, "Of course the money will be returned if it is not your dog"—the dog was left in Mr. Upjohn's care when I was abroad.
JOHN SPACEMAN HORNBLOW (Policeman, B 34). On the morning of 27th May, about 12 o'clock, I was called to 2, Lower Belgrave-street, and went into the front-parlour—the two prisoner's came to the house, knocked at the door, and were admitted into the passage opposite the back-parlour—Crowley said, "We have come respecting a dog that is lost"—Crowley went out, and returned in half an hour, and was shown into the back-parlour—he said, "I have come to my time, half an hour"—Mr. Upjohn and Mr. Balfour then went into the parlour, and Mr. Balfour said to Crowley, "Am
I to give you 5l., how am I to know it is my dog?"—he said, "There is no doubt of that, and if you go with me to Shoreditch, you can hare it by paying 5l."—Mr. Balfour then gave him into custody—when Kendillon came with Crowley, I heard Kendillon say distinctly, "I have been at a great deal of trouble, and it will be a little extra expense"—the expense was calling so many times—on the Sunday night, about 11, I took Kendillon in the Eagle public-house, Keppel-street, Chelsea—I called him into the street, told him I was a police-officer, and I should take him into custody for stealing a dog from 2, Lower Belgrave-street, the property of Mr. Balfour, and also for Attempting to extort 5l. for the restoration of the dog—he said, "I know nothing about it"—he then said, "Where do you say it is?" and I repeated, "2, Lower Belgrave-street"—he said, "I was never there"—I took him into custody.
Cross-examined. Q. I believe the charge of dog-stealing was dismissed at once before the Magistrate? A. Yes, I believe it was.
KENDILLON— GUILTY .**— Confined Six Months , and fined 50l.
CROWLEY— GUILTY .— Confined Four Months.
THOMAS HUNT . I am a flour-factor carrying on business at 13, Queen's place, Kennington—on 10th February, I sent my carman, Jones, out with a horse and cart to fetch eleven sacks of flour from the Eastern Counties Railway—they were to be delivered at Hoxton—the value of the horse, cart, and flour was about 70l.
GEORGE JONES . I am carman to Messrs. Thomas and John Hunt—on the 10th February I was sent to the Eastern Counties' with a horse and cart—I loaded ten sacks of flour from the railway, and one I had taken with me—I was to deliver the flour at Mr. Edwards', a baker's at Hoxton—I came out of the station with the horse and cart and sacks, about twenty minutes after I in the middle of the day—I left my horse and cart at the corner of a street just outside the goods' station, while I went into a beer-shop, where I generally go to have a bit of dinner—I did not leave anybody with it—I was absent about ten minutes, and when I came back it was gone—I saw it next morning at Curtain-road Green-yard, with nothing in the cart.
Cross-examination by MR. METCALFE. Q. Do you often go to the Eastern Counties? A. Yes—I have heard that things are often taken there by thieves.
MARY ANN JOHNSON . I reside at 41, Gee-street, Goswell-street, which runs out of Goswell-road—on 10th February, from ten minutes past to half-past two, I saw the prisoner draw a cart up to my door—he turned round at the side of the house, put the nose-bag on, and left the cart standing at my door—it contained nothing but empty sacks—I saw it the next day at the Green-yard—I know now that it belongs to Mr. Hunt—the prisoner was alone—I have no doubt he is the man.
Cross-examined. Q. How was the man dressed? A. Differently to what he is now—he had a sort of light corduroy suit, and covered with flour—I saw him again nearly two months afterwards, I can't say exactly the day—he came down to me with a letter from his employer, Mr. Johnson—he came in order that I might see him, and I recognised him—he came alone—I had before that said I could recognise the man if I saw him, and he came in consequence of what I said—he did not remain with the cart
two minutes; just put the nose bag on, and went away directly—I did not see the cart taken away, I was out at the time—there looked very few sacks in the cart; I don't know the number—when he came with the letter he came in his miller's ordinary working dress.
MR. WILLIAMS. Q. Did you recognise him directly, as the man who was with the cart? A. Yes; I had never seen or known him before—I merely said, when he came, that I would see Mr. Johnson in the course of the day WILLIAM HARVEY. I am a wheelwright, and live at 31, Ironmonger-row—on 10th February I saw the prisoner in Gee-street, from 2 to half-past opposite No. 41—he had a horse and cart, with some sacks—he stopped, deliberately got out of the cart, put the nosebag on the horse, put the prop down, and walked away, leaving the horse and cart standing at the door—I noticed that the name on the cart was covered over, which made me curious to go and look, and I found the name of Hunt, New Kent-road, upon it.
Cross-examined. Q. Did you ever see the man before? A. Not to my knowledge—he was only there two or three minutes—he wore a millers dress, with a cap on—I gave information about it at the police-station—a policeman asked me the same evening if I had seen it, and I said "Yes"—I was summoned to see the man at the police-court who was with the horse and cart—he was in custody—I saw him in the yard with other men, and picked him out—I am Mrs. Johnson, the last witness', brother, and had occasion to go to her house on that day—I was walking down the street when I saw the horse and cart; it was before I came to her door.
MR. WILLIAMS. Q. Have you any doubt as to the identity of the man? A. No; none.
EMMA KENT . I am the wife of Henry Hunt, a baker, at 25, Helen-street, Clerkenwell—on 10th February we were living at 105, Goswell-street—about 2 o'clock on that day I saw the prisoner, I believe; I firmly believe he is the man—he was getting into a cart from the private door of our house—Thomas Quarry, his wife and four children, lived in the house besides us—I went down stairs, and saw ten or eleven sacks of flour in the passage—I did not count them—that was after I saw the prisoner drive the horse and cart away—I did not see the sacks again—they were gone before 4 o'clock—the cart was empty when it went away—to the best of my belief it was the prisoner who drove it away.
Cross-examined. Q. How do you know it was on the 10th February? A. It was my daughter's birthday on the Friday, and we were keeping it on the Tuesday—I was making a cake for her—my attention was first called to this about a month or six weeks afterwards—a detective came, and asked me if any flour had been left, and I said, "Yes"—I am married—my husband is a baker—he was foreman to Mr. Smith, of Rotherhithe—he came home once a week—he did not bake at this shop—Mr. Quarry kept the shop—I will not swear whether he was at home when the flour came—his wife was—it did not strike me as odd that the flour should be in the private passage, because Mr. Quarry was in the habit of having sawdust in there—I suppose it was put there for fear the neighbours should know too much—I have had no quarrel with the Quarry's—my husband certainly said he would put the broker in, as they had not paid rent for five months—the warrant was signed to put the broker in—I never heard my husband say he would serve Mr. Quarry out; not in my presence—he said, "Such people ought to be transported"—I never saw the prisoner again till I saw him at Worship-street—a constable came for me—I saw the prisoner in a passage there—the constable said I should have to go through another, and I said,
"I need not go further; he is here"—it was a long place, and there were a lot of people there, and the prisoner was sitting at the end—he had a check coat on—I did not take much notice of him.
MR. WILLIAMS. Q. Was he pointed out to you at all? A. No; I pointed him out myself—I really don't know what Mr. Quarry is—he calls himself a corn-chandler, but his shop has been filled with nothing but sawdust and ashes all the time I was there.
WILLIAM MILLER (Policeman, G 148). In consequence of information I received, I went, on 22d April, to Mr. Johnson's, Basinghouse-yard, I saw the prisoner, and told him I should apprehend him on suspicion of being concerned in stealing a horse and cart, and eleven sacks of flour, belonging to Mr. Hunt, New Kent-road—he said, "I know nothing about it"—on the following morning, when I was bringing him from Spittal-square station to Worship-street, he said, "I forgot; the day the flour was stolen I was at borne in bed ill"—the horse and cart were brought to the station, and identified by the prosecutor.
Witnesses for the Defence.
WILLIAM JOHNSON . I am a flour warehouseman, in Basinghouse-yard, Kingsland-road, and have carried on business there for twenty years—the prisoner has been in my service as carman about eighteen years—I have had every confidence in him—he has always been honest—he has continued in my service up to this time—he was out on his own recognisances—when I heard his name mixed up with this, I sent him down to Mrs. Johnson with a letter, to see if she could identify him, and he was given into custody about a fortnight or three weeks after that—the prisoner made no objection to going—he said it was a very good way, and he went off in his working dress.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. Is he a relation of yours? A. A brother of mine married a sister of his; nothing more.
ROBERT CASSER . I am manager to Mr. Johnson—the prisoner is one of our carmen—I have the books here—on 10th February the prisoner went to Hackney, to the top of Lea-bridge-road, and Upper Clapton—I cannot speak to the time he started, as I was not in; it was about the middle of the day—the delivery would take about three hours and a half—I have ascertained that all the goods he took out on that day were properly delivered—these (produced) are the tickets which would be delivered with the goods; they are duly signed—amongst the people to whom he had to deliver there was a Mr. Rowe, and a Mr. Robinson, a butcher—we had four carmen at that time—all the other three were employed upon different districts upon that day; he was the only person who had that district.
Cross-examined. Q. I see on one ticket, "Received from William Johnson. Signed J. Neal, carman;" that is not the prisoner's name? A. No; the tickets are made out frequently a week and sometimes a fortnight before the delivery of the goods, and it is the custom to put the head carman's name upon them; Neal is the head carman—I made out these tickets, and put Neal's name on all of them—the prisoner's name does not appear—the tickets are only intended to get the signatures of the parties to whom the goods are delivered—I did not see the prisoner leave the yard myself.
MR. METCALFE. Q. Are those tickets in the usual form? A. Yes; they show the date upon which the goods were delivered—I can tell who delivers on a particular day from my book—I find the name of Choat as delivering in that district at that time, and I can also tell the districts which the other carmen went upon that day.
MR. WILLIAMS. Q. When was that entry made? A. Either on the night after the delivery of the goods or the next day—it is in my handwriting—Choat came on the same night to be settled with about the tolls and the water for the horses in the usual way.
GEORGE BOSWELL . I am one of Mr. Johnson's carmen—on 10th February, the prisoner helped me put some sweepings up in a loft, about a quarter before 12 o'clock, at my master's premises—six sacks of flour and a sack of bran were loaded for the prisoner to take to Clapton—I gave him the orders to deliver—I went out of the yard about 12 o'clock, and when I came back he was gone—I did not go to Clapton on that day—the prisoner was back again about half-past 4, as near as I can tell.
Cross-examined. Q. Have you any particular reason for saying that this day was 10th February? A. By the tickets that I gave him to deliver the flour.
WILLIAM NEAL . I am head carman in Mr. Johnson's employ—on 10th February I saw the prisoner in my master's yard about 11 o'clock, or half past—a van was being loaded which was to go to Upper Clapton—I took out ten sacks that day, and brought five from the Eastern Counties', and loaded them on to the prisoner's van—the ticket is dated 10th February.
Cross-examined. Q. About what time did yon bring the goods into the yard from the Eastern Counties'? A. About half-past 9—I cannot say that I saw the prisoner any more that day.
CHARLES GOODYEAR . I am in the service of Mr. Robinson, a butcher, it Upper Clapton—on 10th February I received four sacks of flour, or sweepings, from Mr. Johnson, and received this ticket (produced) with it, dated 10th February—the prisoner delivered the flour from about twenty minutes past 1 to half-past; about dinner-time—he had other goods in his cart.
Cross-examined. Q. Did you sign this ticket? A. No; Miss Robinson did; she is not here—the prisoner has been in the habit of delivering flour to us.
MR. METCALFE. Q. Did you see the young lady sign it? A. Tea; we have had some flour since then, I think.
DANIEL COOPER . I am carman to Mr. George Symond, a flour-factor, at Whitechapel—on 10th February, I had to deliver some flour for Mr. Symond, at Mr. Rowe's, a baker's, Upper Clapton; a lad named Shrub went with me; I had a van and three horses—when I got there, Mr. Johnson's van was there with flour, and a man of the name of Choat with it; the prisoner is the man—I should say that was between 2 and half-past; I am sure he is the man who was there—we helped each other to unload; he assisted me and I assisted him with both the vans—this (produced) is my ticket, which I had from my master on that day, the 10th; my name is on the back of it—the prisoner finished his load there, but I did not.
Cross-examined. Q. Are you certain that this was on 10th February? A. Yes; I have always stated that I was sure.
COURT Q. You received this ticket at the time you say? A. Yes; on the day I delivered the goods, and took it back to my master—I believe the date was on it at that time; it is proper to put the date on—I never was at Mr. Rowe's with Choat except on that day; I never saw him there at any other time—I know it was from 2 to half-past, because we had a drop of beer together, and I was at Stoke Newington at 4 o'clock—the prisoner went with me there—he came through that way.
MR. WILLIAMS stated that after this evidence he would not press the case further.
NOT GUILTY .
OLD COURT, Friday, June 12th, 1863.
Before Mr. Baron Bramwell
MR. SLEIGH conducted the Prosecution.
NOT GUILTY .
For other cases tried this day, see Kent Cases.
NEW COURT.—Friday and Saturday, June 12th and 13th, 1863.
Before Mr. Recorder,
828. JAMES SNOAD LAWES (44) , Unlawfully obtaining within three months of his bankruptcy a quantity of port wine from Alfred Thacker, under the false colour and pretence of carrying on his business in the ordinary course, with intent to defraud. Other counts varying the mode of charge.
MESSRS. HUDDLESTON, Q.C., SARGOOD, TALFOURD and SALTER,
conducted the Prosecution.
MR. GIFFARD applied, upon the authority of Young and Others v. the King in Error, to have some of the counts quashed, or that the prosecution should elect upon which set of counts they would proceed; the counts relating to different transactions, and embarrassing the prisoner's defence.
MR. HUDDLESTON contended they were part of the same transaction. THE COURT (after consulting MR. BARON BRAMWILL) was of opinion it would have been better if there had been two indictments, inasmuch as the transactions appeared to be distinct; but in the absence of any more recent authority than Young and Others v. the King in Error, the Court could not quash the indictment.
JOHN WRIGHT . I am one of the ushers of the Court of Bankruptcy Attached to the Court of Mr. Commissioner Goulburn—I produce the proceedings in the bankruptcy of James Snoad Lawes—there is a petition of the bankrupt dated 5th of May, and an adjudication on the same day—I do not know the signature of the bankrupt.
JOSEPH HART . I am an accountant, and was appointed by the Court of Bankruptcy to assist the bankrupt in the preparation of his accounts—these Accounts (produced) are my own draft of those which were field, and they were made from the books of the bankrupt, and from accounts sent in by the creditors—they were prepared by me with the assistance of the bankrupt—he has signed those which are on the proceedings—those in my hand are the original accounts, and fair copies are on the file—at the date of the bankruptcy, the bankrupt owed to his unsecured creditors 14,843l. 17s. 3d—he returns good debts 1,950l. 1s. 6d.; doubtful, 84l. 18s. 8d., and property consisting principally of stock and furniture, 1,779l. 3s. 2d—I do not know what it realized under the bankruptcy—he owed to creditors holding security 17,819l. 16s. 4d., of which 9,636l. 6s. 1d. was owing to Messers. Norris and Chaplin; the value of property held by the secured creditors was 21,411l. 15s. 10d. that is the cost-price; I do not know what it realised—it is no part of my duty to attend the realization—the deficiency at the date of the bankruptcy was 76,272l: 12s. 8d., which would have to be increased by whatever the property realised under the sum at which it was estimated
—that (produced) is the statement of how the bankrupt stood on the 30th June, 1861—it is not signed by him; it was made out with his assistance, and only from the books—I am quite sure there were no other accounts besides his books—on referring to the details of the property, I find I have estimated the household furniture at the value of 400l., and the stock in hand at 1,000l.—that was the bankrupt's estimate of it—the account was made from the books, with the addition of the bankrupt's assistance where I wanted further information—he was, at the date of the account, deficient 2,638l. 15s.—I have here an account of the course of his trading from June, 1862, to the bankruptcy—the total amount of his purchases is 22,880l. 4s. 7d., and duty, 2,055l.; the stock in bond was 6,153l. 3s. 5d. and stock on hand, estimated, 1,000l., making 32,000l.—the stock available at the bankruptcy was 1,310l. 16s. 9d.—I have taken the cost price—I have no account of what it produced—the stock sold and delivered was, 10,358l. 8s. 7d.; of the remainder, warrants, value, 642l., were handed to Mr. Miller on behalf of Messrs. Collins Brothers, and 20,344l. was the amount pledged with creditors, making 20,986l. 15s. 10d.—the lease of his premises was also held its security—during the eleven months, 13,200l. 8s. 3d. had been deposited with Messrs. Norris and Chaplin—the gross profit during the same period was 700l. 15s. 1d.—the trade expenses were 406l. 6s. 3d., and the drawing account of the personal expenditure was 764l. 10s. 2d.—the bad debts were 476l. 1s. 6d.—the deficiency in June, 1861, is found after giving credit for the 1,000l. stock on hand and the furniture.
Cross-examined by MR. GIFFARD. Q. Have you an account of the amount redeemed during that period? A. No, I have not—there was a ledger with Messrs. Norris and Chaplin's account; but I have not gone through it to ascertain—the books were well kept, and the bankrupt afforded us every information; during the two months occupied in the preparation of the accounts, he was at our office daily—he passed his last examination on the 96th February—he was examined several times before the Commissioner, and the examinations are on the proceedings—I do not find that any day was appointed for his application for order of discharge—the first intimation I had of criminal proceedings being taken was by reading the report in the newspapers a few weeks ago—there was 120l. transferred from an old debt named Bashford, which was an old debt discounted by him previous—that would reduce his personal expenses by that amount.
MR. HUDDLESTON. Q. Was there a record in the bankrupt's books of the deposit of these warrants which represent 20,000l.? A. No—I should like to see the stock-book before I say whether any portion of the 20,000l. pledged was recorded; it is twelve months since I had anything to do with the accounts.
COURT. Q. Where did you get the fact of the deposit from? A. We had to apply to the parties who held the warrants—the stock-book recorded the purchases from the various persons of whom he bought—the 13,000l. of Norris and Chaplin was taken from an account rendered by them.
MR. HUDDLESTON. Q. Is that sworn to by the bankrupt? A. It is—there were also several requisitions put to him upon which to give explanations, but I do not see them here.
HENRY CHATTERIS . I am an accountant, and manager to the estate—the good debts represented as 3,814l. 3s. 4d. have realized 2,563l. 3s. 3d—there was 21,411l. represented as the cost price of goods held as security by creditors—we do not know at the present moment what that will realise—Messrs. Norris and Chaplin have realised some 10,676l. 3s. 4d., the cost
value of which was 13,200l.—all the parties who held security have given us notice that their securities have realised less than the amounts which they have advanced—we have no means of making a calculation as to the deficiency; it may be 25 per cent.—the deficiency represented is 7,673l., but we shall have 4,000l. or 5,000l. more—that I know by the proofs which come upon the estate; I have no other means of knowing—I have not spoken to the bankrupt on the subject of the deficiency.
Cross-examined. Q. Have you known persons recover themselves who were equally insolvent as the bankrupt was in June, 1861? A. I have; there is not the least doubt of it—I have known persons in a worse position do so.
MR. HUDDLESTON. Q. In those instances, did you find them pledging to the extent of 20,000l.? A. No, I do not remember a case.
ALBERT CRAMP . I am a member of the firm of Messrs. Offley, Cramp, and Co., Oporto merchants, in London—we had had dealings with the bankrupt before the month of February, 1861, and on the 25th of that month; he was in our debt to a comparatively small amount—on the 25th, we received this letter from him; it is in hit handwriting (Read: "25th February, 1862 Gentlemen,—We are open for 10 pipes of good bottling wine to lay down in our new vaults, and if you have anything like it to suit our purpose, be good enough to send samples by bearer. Yours truly, J. S. Lawes & Co. To Messrs. Offley & Co.")—we answered that, and ultimately received this letter on the 26th February (Read: "Gentlemen,—We will accept your terms for the 5 pipes 5 hogsheads (marked diamond above grape, and three grapes at six months' acceptance, half to be due the 1st of March. Please give bearer particulars and a delivery-order. Yours truly, J. Lawes.")— we gave the delivery-order (produced) to be handed to the bankrupt—we have a traveller in our employ, named Woods—we satisfied ourselves that the bankrupt had taken new cellars—I had some conversation with my partner before parting with the wines—we were induced to supply those wines from the statement in the first letter, that he wanted the wine to lay down in his new cellars—we have never been paid for that wine—the value of it as by invoice is 637l.—we have received a dividend of half-a-crown in the pound through the Bankruptcy Court.
Cross-examined. Q. You had transactions with the bankrupt before February, 1861; had he paid you various sums amounting in the whole to about 1,000l.? A. He had—the debt which he owed when this order was given was not subsequently discharged—we are creditors for that, as well as the 637l.—he owed us 296l. 5s. 10d. on an acceptance, not due until the 18th of May—there was also a bill for 297l. 10s. running, which was paid—the wine was ultimately sold to the bankrupt at 2l. per pipe less than we asked in the first instance.
REGINALD CROSSLEY . I am a clerk at the entry order-desk of the London Dock Company—the delivery-order (produced) was brought into the London Dock to be exchanged for warrants, on the 26th February—there would be a note made of the date of its coming in—Mr. Tanner gives out the warrants.
JOSEPH TANNER . I am a clerk, in the warrant-office of the London Dock Company—eighteen warrants were issued upon this delivery-order on the 27th of February, to a person representing himself to be a clerk to J. S. Lawes and Co.—the warrants (produced) represented five pipes, thirteen hogsheads of wine, and they bear date the 26th of February, 1862; but they were issued out of the Dock on the following day, the 27th.
JAMES CHARLES CHAPLIN . I am a partner in the firm of Norris and Chaplin, wine and spirit brokers—we have had transactions with the bankrupt for some time—these warrants have all been through our hands—we have been in the habit of making advances to the bankrupt, and made an advance to him in February—we keep an account of the money advanced, but not of the specific securities that we receive—I have no memorandum to refer to which will tell me when we received these warrants—by referring to my book, I see by a cheque that we made an advance on the 26th of February, of 600l.—there have not been any warrants since that 600l. by way of loan, but there may have been by way of exchange—we should not advance the 600l. without security—I can give an opinion as to these warrants—I should think, looking at the date on the warrants, that we must have had them somewhere about that time—we have made no advance since the 28th of February—I am not able to say whether those are the warrants we received for the advance, or for the exchange of other warrants—the exchanges are not entered in our books—we keep books of the moneys advanced, but not of the securities—we regard the warrants as bullion—there were exchanges after the 28th of February—I do not think they were to such a large extent as those warrants would represent—I was examined in the Bankruptcy Court—I have no notion now to what extent there were exchanges after the 28th of February—I cannot tell whether those sixteen warrants were deposited at once or not—our first transaction with the bankrupt was on the 18th of March, 1861—we have sold wine for him; we did not purchase wine from him—I can tell you the total amount of our transactions since that time, but not the amount of our advances—up to June, 1861, they were 8,590l.; to January, 1862, 19,520l. 8s. 6d.; from January, 1862, to June, 1862, they were 21,735l. 10s. 5d.—we did not advance any money after the date of the petition in May, 1862—his bills were returned to us—those figures include the dishonoured bills—I have given you the debtor side of the ledger—when we made an advance, we should give him a cheque for the amount agreed upon, which he would leave the warrants—we should not give the cheque without the warrants and we should draw at three months, and that bill would be put into the safe with the warrants—the bill was held as collateral security—we should charge discount about three or four per cent above the Bank rate; eight per cent, if the Bank were five—I have a letter from the bankrupt, dated 26th June, 1861—(The letter was read, and created a charge upon all warrants then or thereafter held by Messrs. Norris & Chaplin, for the payment of all the bankrupt's I liabilities to them, with power, without further consent, in the event of default in the payment of any bill, to sell, and to deduct all charges, commission, &c.; and an undertaking by the bankrupt to reimburse any loss that might arise upon the sale)—we continued to hold the warrants until the bankruptcy—we realised them on the 19th of June—I cannot tell precisely what those sixteen warrants fetched—I have the details here.
Cross-examined. Q. Is not the course of business you have described, of depositing warrants very common in the wine trade? A. It is very common with a great number of merchants in the trade—there are several other houses besides ourselves who do the same sort of business with wine merchants very largely—when a person lodges warrants he can show the wine; he cannot take it away—he is permitted to sample it, and sell it, subject to the lien—it is not done secretly by the London Dock Company, but, having deposited the warrants, they allow him to sample the wine; it is a continual occurrence—the exchanges of warrants were not generally large ones—we
had sold wines for the bankrupt exclusive of the realisation of securities—irrespective of the wine sold under the bankruptcy, which was sold with the consent of the trade assignees, I think we sold some 480l. worth for him, but I cannot tell the amount of sales—a conversation did occur between me and the bankrupt about his laying down some port wine when he could spare the cash, but I cannot assign any date to it—it was on an occasion when I remarked that some wines were freshly landed, and he said, "It is merely for temporary accommodation, those wines I am going to lay down in the cellar"—there are none of these warrants freshly landed—I do not think we exchanged warrants to so large an extent—I can only speak from my conviction by the entries in the book; I have no absolute knowledge on the subject—when I gave my evidence in the Bankruptcy Court, the circumstances were fresh in my mind—if the bankrupt brought fresh warrants we should see that they were of sufficient security, and then let him take the others away.
Re-examined. Q. When the warrants are in your possession, you are, in fact, the owners of the wine? A. No; we could take the wine away on giving up the warrants—we view the warrants as property—we always take an endorsement on the warrant—it does not make over the title in the wine to us; it is simply an endorsed warrant, and we hold it—it is not endorsed specially to us, but in blank—the last deposit of wine previous to the 28th February was on the 17th.
The examination of the bankrupt, taken in the Court of Bankruptcy on the 28th August, 1862, in which he stated that he obtained the warrants on the 27th of February, and pledged them on the 28th, was put in and read.
WILLIAM JONES . I am a wine-merchant, residing at Windsor—before March, 1862, I had bought some wine of the bankrupt, and on the 4th of that month I saw him in Tower-street, and gave him an order for some wine—he then introduced to my notice some port wine, as very fine old wine of Offley & Co.'s shipping—I think it was invoiced at 75l. per pipe—I mentioned also a butt of sherry, which I had previously ordered, but which had not been delivered—I had applied a great number of times for it, and he had put me off some months that he could not get the warrants—he said at this time that they had been mislaid, but that if I pleased, he would clear all the goods then ordered on the following day, that is the port, the butt of sherry, and two or three other common wines which were purchased at the same time—I received an invoice of the whole, and there was a "duty "statement as well; the invoice was 86l. 10s., and the duty 44l.—these were accompanied by two bills and a letter asking for my acceptance—I accepted them, and returned them by post, on the faith of the wines being in clearance—they were afterwards paid by me—I have never had the wine.
Cross-examined. Q. Was the sherry, which had been paid for months before, paid by an acceptance of yours? A. It had been paid by an acceptance which had been properly retired—I do not remember that the bankrupt lent me 60l. for the purpose of meeting it—I paid it some considerable time before this occurred; I cannot speak from certain knowledge—it formed part of a transaction with the firm of Lawes, Simon, & Co., and when that partnership was dissolved, the bankrupt was particularly anxious to have all the accounts then owing settled up—it was paid entirely by me—it was all paid before this visit—I keep books, but I have not brought any; I did not think they would be needed—I had not had dealings with the bankrupt for a long time; I think they commenced in 1860 or 1861—they have been to the extent of a few hundreds possibly.
JOHN FARLEY . I am a wine-merchant, carrying on business at 79, Great Tower-street, in partnership with Mr. Boyes, and we are the agents for the "Duff-Gordon" sherry—we had dealings prior to 1862 with the bankrupt, which were generally cash transactions under discount—in March, 1862, he came to us, and stated that the wines he had recently purchased and paid for under discount, were of a character which were getting him a very good private connection, and he then required some more of the same wine, to pay the duty immediately, to lay down in his new cellars in Mincing-lane—we then agreed to sell him three butts and three hogsheads of sherry of the value of 254l., at six months' credit—I gave him these four delivery-orders (produced), signed by myself—we have never been paid for the wine—the inducement for our parting with the wine was our having discounted a bill from Sharp Simon for 1,500l., and therefore we knew that he had some capital to go on with, otherwise we certainly should not have given him credit for this wine—it was his having required discount for a very good hill of 1,500l. which induced us—we knew he had that amount of capital, and, from his own account, he was getting a very good private connection from the quality of those wines.
Cross-examined. Q. Had you three accounts with him; one a cash-account, one a discount account, and the other wine not paid for, 398l. 3s. 2d. being the whole amount of the account? A. 254l. is the value of the wines not paid for—speaking from memory, I think he paid us about 700l. as J. S. Lawes; the whole of the transactions in goods with J. S. Lawes was 966l. 10s.—I make a distinction between J. S. Lawes and "Simon & Lawes"—taking the whole of the transactions with Collins & Lawes and Simon & Lawes, they would be 4,887l. 15s. 10d. for wine—I am reading from an account taken from the books by my clerk or book-keeper; I do not think he is here—the discount account will not amount to 14,991l.—I think the gross amount for the different firms is 6,789l. 2s. 10d., with a discount, or interest-charge, of 89l. 14s. 5d., making a total of 11,766l. 14s. 1d.—I do not think there were transactions by way of loan as well—if he borrowed a cheque, that we did not take into account; he would come in the afternoon and say, "Lend mo a cheque until to-morrow morning or the next day;" and as we never charged interest upon those, we never took them into account—the result of the transactions is that we are creditors for 254l.—we have received a dividend of 2s. 6d. in the pound.
Re-examined. Q. What period do those transactions with Collins & Lawes and Simon & Lawes embrace? A. From 1855 up to the present time, ten years—since the bankrupt has carried on business by himself as J. S. Lawes, our transactions have only been 966l. 10s. including the 254l.—the previous transactions were about 700l.
COURT. Q. When did he begin to carry on business by himself? A. In 1861, but I have not the date here—I do not remember that he applied for credit until the last transaction.
JOSEPH TANNER (re-examined). Warrants were issued by the London Dock Company for the delivery-order produced—those marked, "D G S 5 to 194" were issued on the 19th, and the others were issued on the 18th March, 1862.
JAMES HARVEY . I am a member of the firm of Harvey & Son, wine and spirit brokers, of 77, Great Tower-street—we have had these six warrants (produced) in our possession, and we received them from Mr. Lawes on the 18th March, 1862—there are eleven hogsheads which did not come into our possession—we only had the three butts and two hogsheads.
COURT to JOSEPH TANNER. Q. Are they all issued on the 18th? A. It is very probable they were ordered on the 18th, though not taken up until the 19th—the date of issue is marked on the back by myself—the warrants all appear as of the 18th March—on the delivery-order is written "Issued 19/3/62"—it was necessarily one of the four warrants issued on the 19th.
MR. HUDDLESTON to JAMES HARVEY. Q. Are you right that the date of their coming to you was the 18th? A. I have a doubt, in consequence of what the last witness says, because the entry in the book is not in my own handwriting—Mr. Jackson is the clerk, and he is here—it is our custom to make advances to wine-merchants, on the deposit of warrants, to a great extent—we enter the money advanced; we enter also the warrants so as to enable us to tell when they came in and what they were, in case of loss or fire—the warrants remained in our possession from the 18th or 19th March until they were sold in the public sale on the 12th June—these individual warrants were changed on the 29th May for new ones made in our own name, and they bear our endorsement, which will give the date—looking at the book, it does not appear that there was any particular advance made upon those particular warrants; he may have had money the day before—on the 11th March he had 100l.; on the 19th, 150l.; and on the 22d, 300l.—we had no other securities than these warrants at the day I have mentioned—I had some warrants deposited on the 12th March for other goods—sometimes he would have the money several days before we had the security—after realising the warrants we are creditors for 150l.
Cross-examined. Q. These advances upon warrants are very common in the wine trade, are they not? A. Very; I should not like to say, there are many houses in the wine trade who do not do it; the great majority do it—the bankrupt very frequently said it was for a temporary loan—in point of fact, it would occur nearly every Saturday for the last six months previously to his failure—these proceedings against the bankrupt are not taken at our instance—we have not the slightest complaint against him.
CHARLIES JACKSON . I am clerk to Messrs. Harvey & Son—I made the entry in the book regarding these warrants—they are dated as received on the 18th, I should say it was the 16th, most decidedly so; I have entered it on the 18th—they are all entered together.
HENRY WILLIAM BROOKS . I am a wine-merchant, of Woodbridge, Suffolk—the bankrupt's traveller called upon me somewhere about the 13th January, I cannot say the day exactly—I gave him an order for two butts of sherry—I afterwards received an invoice dated the 13th January, enclosing a bill for acceptance—that is it (produced)—(Mr. Chatteris, This is in the handwriting of the bankrupt)—I received a bill of the same amount and value, and accepted it in payment of the sherry which I had ordered—it was for 56l.—I afterwards paid the bill—I was not applied to pay the duty—I never got the wine.
MR. HUDDLESTON proposed to put in the requisition tendered to the bankrupt on the 20th November, in which he gave an account of the wines sold after they were pledged.
MR. GIFFARD contended it was not admissible, as not being an examination under compulsion, within the provisions of the Bankrupt Law Consolidation Act, 1849. THE COURT, however, was of opinion that it was either an examination under compulsion, or a voluntary statement, made and signed by him without compulsion, and in either case was admissible. The requisition and answer were then put in and read.
MR. GIFFARD then submitted that there was no evidence to support the charge
of obtaining acceptances, by false pretences, as one acceptor has accepted on the faith of the bankrupt having discounted a 1,300l. bill, and the other on the faith of a promise that the wine should be cleared on a future day. He contended, further, that the other counts could not be supported, because the words of the Bankruptcy Act were, "if he obtain any goods and chattels," the evidence being that he did not obtain wine, but warrants, which being in the nature of securities for money, were not properly described as "goods and chattels" (Reg. v. Powell, Davison and Pearce, 508). MR. HUDDLESTON contended that what the bankrupt obtained, though represented by delivery-order and warrants, was, in fact, a quantity of wine; but if that were not so, he comes within the meaning of the statute, because he obtained warrants, which were so many bits of paper, properly described as goods and chattels; and further, that he obtained a delivery-order which was specifically described in the indictment THE COURT would reserve the point if necessary.
MR. GIFFARD to HENRY CHATTETRIS Q. At the time the partnership was dissolved, what did Simon take out? A. 4,000l.—that was considerably more than his proportion.
MR. HUDDLESTON. Q. Did it appear what he brought in? A. The book will show (looking at it) Simon brought in 1,500l. in February, 1856, and took out 4,000l.—supposing the deficiency to be the same that it was three months afterwards, it would be over 3,000l. more than he was entitled to—there was an actual deficiency of 2,600l.
COURT. Q. Was there any making up of the accounts in June, to show that, or have you calculated it A. The bankrupt and his accountant made up a statement of his position in June, 1861—they made that the starting point of the accounts—there was no making up of the accounts in June, 1861, from which he must have known what his position was—there was no making up of the accounts when Simon went out; if there had been be would not have had the 4,000l.
MR. GIFFARD. Q. At the time of the prisoner's stoppage, there were a considerable number of orders received and unexecuted to the amount of 1,600l. or 1,700l., the prisoner says that they were considerably more; they would have yielded a good profit. A. The prisoner had already received some of the money in payment of that 1,600l.—they would not have yielded a profit beyond that amount—they would have yielded a profit upon the cost price of the goods—I think be received 200l. or 300l. out of the 1,500l. or 1,600l.
NOT GUILTY .
THIRD COURT.—Friday, June 12th, 1863.
Before Mr. Common Sergeant.
PLEADED GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
JAMES HANN (City-policeman, 360). On the afternoon of 4th June, about two o'clock, I saw the prisoners in company together in St. Paul's church-yard—I knew them, and watched them—they were standing at the end of Ludgate-street, when I first saw them, and they moved from there outside a confectioner's shop—I saw a female come out of the shop and stand close to the window—Clark moved to the right side of the female and remained there
about two minutes, and then put her hand towards the lady's dress pocket—St. Clair then moved up to the right side of Clark so that she would cover the sight of the pocket; they then moved away from the lady and I lost sight of them for a few minutes, and then found them standing at the corner of Canon-alley, St. Paul's Churchyard, there was a crowd of people near them, and I again saw Clark put her hand into another lady's pocket and withdraw it—I was standing close alongside of her, and I seized her left hand by the wrist—St. Clair was at that time standing at her right—Clark passed something from her left hand to her right, and put her hand towards St. Clair—I seized her hand and took three halfpence from it, saying, "You picked that lady's pocket," and said to the lady, "Have you lost anything," she put her hand in her pocket, and said, "Only a few halfpence—" the lady refused to give her name, or go to the station—I took the prisoners to the station, and while they were standing in the dock, Clark put her hand into her dress pocket and withdrew it, I seized it by the wrist and she let fall on the ground one shilling, a sixpence, a fourpenny piece, and a penny, another shilling was found on her afterwards—2d. was found on St. Clair—before this day I had repeatedly seen the prisoners in company together.
Cross-examined by MR. COLLINS. Q. I do not understand you to say that you saw St. Clair put her hand into any lady's pocket? A. No, she was dose to Clark, when Clark picked the lady's pocket—I lost sight of them it might be five minutes before I saw them again in Canon-alley—that is about fifty yards from where I saw them at first—it is opposite the north entrance of St. Paul's Church—it was the anniversary of the Charity children going to St. Paul's, and there were thousands of people there.
ST. CLAIR— GUILTY .— Confined Twelve Months.
MR. DICKIE conducted the Prosecution.
ELIZA NORMAN . I am a servant at Mr. Farmiloe's, Tillery-house, Park-road, Holloway—one Friday night, about the end of May, at half-past seven, I went all over the house and saw that it was properly fastened up—I looked particularly at the windows, they were shut—about half-past five next morning I heard the police talking to Master, and I went down stairs and missed four coats; two from the hall and two from the dining room.
RICHARD HARRINGTON (Policeman, S 282). About half-past three on the morning of 23rd May, I was on duty in Park-road, Holloway, and saw the two prisoners standing on the foot-path—they saw me, and directly walked away down the Park road towards Holloway, and turned to the right along the Holloway-road, and again turned to the right into the Camden-road—I saw no more of them for about ten minutes or a quarter of an hour—I then saw them standing by Tillery-house—I walked up towards them, and they walked down to meet me—I passed them and saw they were followed by another constable behind—I spoke to him, and we both followed them down the Park-road to the Holloway-road—we met Sergeant Gould—I then went back to the Park-road immediately, and found the garden gate at Tillery-house open, and saw footmarks on the mould in the garden, and on looking into the area I saw these four coats (produced) lying there—I waited there till Gould came, and then rang the servant up, and examined the house—there were marks on the catch of the front parlour window sill, which looked as if a knife had been used—I afterwards compared the marks on the garden mould with the boots of the prisoners, and found them to correspond.
COURT. Q. When did you compare them? A. The prisoners were taken into custody about nine in the morning, and I made the comparison about eleven.
Cross-examined by MR. BESLEY. Q. Were they ordinary boots such as men in their class of life wear? A. Yes—it was about a quarter-past four when I first noticed anything on the flower-beds—I did not know the house had been entered then—I called Gould's attention to the footmarks when he came, and to the coats—there were eight or ten different marks close together of both right and left boots—it was a fine morning—it had not been raining during the night—Mr. Farmiloe came down—I did not ask him to look at the marks—I can't say whether I told him there were any marks or not—I could not say whether any one else did in my hearing; not on the mould.
HENRY TAYLOR (Policeman, N 196). I was on duty in the Caledonian-road on Saturday morning, 23rd May, and saw the prisoners coming out of the Camden-road into the Caledonian-road about half-past three—I followed them, and afterwards saw them come out of the garden gate of Tillery-house on to the pavement—that was about a quarter to four—I had ample opportunity of seeing them—I had seen them before, and knew them before—I then followed them into the Holloway-road, and met police constable 282 S—we both followed the prisoners to Holloway-gate, and I took Ayres to the station—Pearson was taken at the same time by the other constable they gave their names and addresses, and as they had nothing, they were allowed to go.
Cross-examined. Q. What distance were you off, when you saw them come out of the garden gate? A. About 150 yards I should think—I did not see them go in—I did not go back to the house till half-past nine—I was there with Herrington—I did not see Mr. Farmiloe there.
ROBERT GOULD (Police-sergeant, N 40). About four in the morning of 23rd May, I saw the prisoners in Holloway-road, being followed by the last witness—they were taken to the station-house—I asked them what they had been doing—Ayres said he was only out for a walk, for the benefit of his health, and he had called on the other to take a walk with him—we took their names and addresses—I previously knew where Ayres lived—I went to Tillery-house after that, and saw the footmarks on the mould—I also saw some dirt on the iron railings in front of the kitchen window, and saw the coats in the area—I also found marks of some nails on the window sill of the drawing room, as if somebody had placed their feet there—the catch of the window was pushed back, but the window was down—I called Mr. Farmiloe up, and we examined the place—I found some gravel from the garden on the cushions of the chairs in the drawing room—it was easy to get to the drawing room window from the garden—about nine o'clock that morning; I took the prisoners into custody, on suspicion of breaking into a house at Holloway—they said it was not them, they knew nothing about it—I took a boot from each of the prisoners and compared it with the footmarks on the mould—I made an impression alongside of the footprints, and they made the same impressions—on the window sill there was a mark caused by some nails—several nails in one of the boots corresponded with these marks on the window sill.
Cross-examined. Q. Do yon mean to swear that there was any identity between the marks on the window-sill and those nails in particular? A. Yes; there were seven nails, of the four on the outside the mark was very perfect, but not so distinct with the three inner nails—the nails made an indentation
on the paint; there was a dew falling in the morning—I called Mr. Farmiloe's attention to those marks on the window-sill—Herrington was present; it was about 6 o'clock, or a little after—there were five or six impressions—they had been made by two persons—Ayres showed me a paper showing that he was in attendance at St. Bartholomew-hospital, and he said the doctor had ordered him out for the benefit of his health.
MR. DICKIE. Q. Was there anything on the heel of one of the boots which attracted your attention? A. There was a half plate on one which made a smooth mark, and a deep dent, as if the person had trod mote on one side than the other.
GEORGE FARMILOE . I live at Tillery-house, Park-road, Holloway—on Saturday morning, 23d May, between 3 and 4 o'clock, I heard the sash of a window either go down or up; I cannot say which—I did not rise at that time—the police came about 5 o'clock, and gave me some information, and we missed four coats.
Cross-examined. Q. Was it light when you heard the noise? A. Yes; day was breaking—I cannot say the exact time; it may have been after half-past 3—I found four policemen there when I went down—I can't say whether anything was said to me about the marks then—they came again later, but I did not see them—two of them came at 5 o'clock, and directed my attention to the marks on the window, and on the chairs—on the following day they showed me the print of the mails on the wood—there were several nails—I don't remember whether Gould said there were nine; I cannot be positive.
MR. BESLEY (to ROBERT GOULD) Q. Have you ever said the number of nails was nine? A. No; I am positive it was seven I said.
NOT GUILTY .
MR. BESLEY conducted the Prosecution.
WILLIAM HAWKINS . I am a coffee-house-keeper, in Royal Mint-street, Tower-hill—about 10 o'clock on 18th May, I was in Lower Thames-street; I felt something at my pocket, turned round to see what it was, and saw my handkerchief in the prisoner's hand—this is it (produced)—I seized him and struggled with him for a minute or so to get my handkerchief, till he saw a policeman coming, when he heaved the handkerchief down and ran away—I saw another policeman catch him—the first did not catch him—I never lost sight of him.
HENRY SMITH (City-policeman, 517). On 18th May, I was on duty in Thames-street, heard a cry of "Stop thief!" and saw the prisoner run past a waggon and drop this handkerchief—I pursued him, and a man on Tower-hill put out his foot and threw him down—I never lost sight of him.
GUILTY .— Confined Six Months.
MR. PATER conducted the Prosecution.
THOMAS FORD . I am a woollen factor, at 3, King-street, Cheapside—I have had dealings with the prisoner—he brought me this acceptance for 9l. 5s. on February 18th, due April 28th—he endorsed it to us on that date, in part payment of an account, with other cash, to make up a bill due by the prisoner; it has not been paid—it purports to be accepted by Frederick Dubber.
Cross-examined by MR. METCALFE. Q. Was that bill which he brought on 18th February, in part payment of a bill then owing? A. Yes; we had drawn a bill on him which he could not meet, and he gave us this bill in part payment—the other bill was in our hands—we should not have objected at that time to take his promissory note—we had no reason to doubt him—we have dealt with him about eighteen months or two years—he has always conducted his business respectably; we never had any reason to find fault with him—after this bill was given to us he became bankrupt; he is a bankrupt now—there was a deed of assignment in our favour, and in favour of the general body of creditors—the prisoner's books and stock were taken possession of by the accountant; they are in the hands of the Court now—that deed of assignment is turned into the Court of Bankruptcy now—I never heard of Dubber before I received this bill—it was drawn by Gillman and endorsed to us—there were two bills, one drawn on Dubber and one on Murphy, which Gillman brought to us, and endorsed to us with cash, to meet a bill outstanding—I never had an acceptance of Dubber's before that—never had his name on a bill before this bill.
MR. PATER. Q. I understand this: that there was a bill drawn by you on the prisoner, which the prisoner met by giving you this acceptance for 9l. 5s. with another acceptance and some cash? A. Yes; I cannot tell the amount of the other acceptances—(Bill read: "London, January 25/63. Three months after date. Pay to my order the sum of 9l. 5s., for value received, due April 28th. Received, James Gillman. To Frederick Dubber, 13, Richmond-buildings, Duke-street, Soho. Accepted by Frederick Dubber," endorsed "James Gillman, Thomas Ford and Co., Thomas H. Ford).
MR. METCALFE. Q. What was the date of the assignment you spoke of A. About six weeks ago, I should imagine—I believe very shortly before this became due.
FREDERICK DUBBER . I live at 13, Richmond-buildings, Duke-street, Soho, and am a silver chaser—this acceptance, which purports to be accepted by Frederick Dubber, is not my handwriting, or written by my authority—there is nobody of the same name at my address.
Cross-examined. Q. You say it is not your signature? A. It is not; or written by my authority at all—I never accepted a bill for the prisoner—I have been security for him—I have signed for him four or five time at benefit clubs; perhaps more, beginning, I should think, eighteen months ago—they were not loan societies—it is a subscription club of so many members, who pay in a certain amount every week, each one has their turn for a prize, and then they take their money out, but they require some one among the members to sign for them—one society is "The Sovereign" in St. Martin's-lane—I have only been security for the prisoner once there—I subscribe to four societies—there is one in Silver-street; the prisoner used to subscribe to that—I signed for him there as a security; last year I signed five times for him, for the same society—I think I signed for him when I first knew him for 5l., at the York, in Rathbone-place—I did not share in the loan—I was not a subscriber to that society myself—I think he has only signed once for me as surety—I think that was in Charles-street, Middlesex Hospital—I know a person named Lowe—I have been surety for him two or three times perhaps—the prisoner never signed the same paper with me; he might have been surety for Mr. Lowe—I cannot say; I think he has once, not more that I know of—I know Mr. Johnson—I have never been surety for him—I think I have only four bills of exchange outstanding at this moment—I do not know the amount I am indebted at this moment—all
the entries that I require are in the books of the different societies, which they keep in their possession—I have no memorandum of my own, by which I can tell to what amount I am indebted at this moment—there may be ten bills outstanding with my name on, written by myself—I am sure there are not twenty—they amount generally to 10l. 8s.—I am not liable to the amount of 100l.; there must be a great deal of it paid, it is being paid every week, and finishes every year—I don't think there is one outstanding now in which I am the borrower and the prisoner the surety—I cannot swear there is not—I always write these documents myself; nobody has ever written my name for me—I never authorized anyone to do so—I have never been security for Murphy or for Gyme—I have known Gyme five years and Murphy fourteen—we have only met together at these clubs, about once a week—we don't drink water there, but not more than a pint of porter, or a glass of gin and water each—there is no society at Hurst's public-house—at one time I went there mostly every evening, but I do not now, since Mr. Hurst has left the house, which was about a month ago—my name is upon all these bills (produced)—they are all mine—this is one not where I signed for Murphy, but where Murphy signed for me—the writing on the one in question for 9l. 5s., is not unlike mine; it is not exactly like mine, I think, by the appearance of it—that is my correct address on the bill; they are generally signed at the latter end of the evening—I signed for the prisoner in March at "The Sovereign" in St. Martin's-lane—I proposed to be surety for him at the end of April, at the Apollo, and this bill was drawn up, but in consequence of the prisoner getting tipsy, and not coming up for the money, it was not finished—I would have been surety for him on that, if he had not been too tipsy to come—I did not know that he was arranging with his creditors at that time—I knew there was an execution in the place, but I did not know what for—that must have been before this bill was presented—I have heard since that he made an arrangement with his creditors, and subsequently went into the Bankruptcy Court—I did not go there yesterday about this—I heard that he had to attend the court—the prisoner made me a suit of clothes—I had them on 21st February—the bill came to 6l.—I did not pay for them at the time—I afterwards paid him the money in at The Sovereign—I paid him six sovereigns in gold—the last clothes I had of him was on 6th March, the last part of the 6l.—on my oath this bill was not handed over to the prisoner in port payment for those clothes—I borrowed 5l. of Mr. Murphy to pay Gillman—Murphy is here—I did not give Murphy any memorandum for it; he lent it me without that—I often lent him money and he me—not names also; he has been surety for me—I have signed for different members of the club—I have lived at Richmond-buildings eight years.
MR. PATER. Q. Do I understand you to say that you paid for the clothes in ready money? A. Yes; I have not had anything made by him for two years and a half, I should think—I have no doubt whatever that this is not in my handwriting.
EDWARD HANCOCK (City-policeman, 92). I took the prisoner into custody at Lambourne Woodlands, Berkshire, on 17th May—I told him I was a detective officer, and should have to take him into custody for forging and uttering two bills of exchange—he asked me if I had those bills, and I showed them to him—he said, "They are genuine bills, they are good"—this is not one of the bills—he said that Dubber had written the acceptance in his presence to one, and that Gyme's was also a good acceptance—I asked him if he had written the bodies of the bills, and he said, "Yes"—I found 9l. 14s., or 10l. on him, I think.
NOT GUILTY .
MR. PATCER conducted the Prosecution.
RICHARD HORNSBY . I am manager to Mr. Buckley, a warehouseman, of 61, Basinghall-street—there was an account due to our firm by the prisoner, somewhere about 20l.—on 19th March he called at our warehouse, and brought us this acceptance (produced), as part cash payment, to take up a bill that was then a little over-due—so much money was paid in cash, and Mr. Gillman asked me if I would take the bill as payment for the remainder—I said I would, subject to the approval of Mr. Buckley—I took it upon those terms, which Mr. Buckley afterwards approved of, and returned Mr. Gillman, as far as my knowledge goes, his bill—it was accepted as part pay-merit of the 20l. which was due—(Read: "London, March 17th, 1863. Three months after date, pay to my order 10l. 7s., for value received.—James Gillman, Robert Lowe, 5, Wardour-street, Oxford-street. Accepted by Robert Lowe, payable, 49 Berwick-street. Endorsed, James Gillman, John Buckley. Due June 20th.")
Cross-examined. Q. I suppose you were not pressing him very much at that time? A. No, not at all; we had dealt with him for some time, and he always paid regularly—he paid over 10l. in cash, I think, with this bill—this bill was paid to take up another bill which had not been paid.
ROBERT LOWE . I am a cabinet-maker, at 5, Wardour-street—this acceptance is not my handwriting—I did not authorise any one to write it for me—I never gave any acceptance with my name open it for 10l. 7s. to the prisoner—the prisoner has made me clothes—I have the bill of the last transaction—I have never accommodated him with my acceptance to a bill—the last bill for clothes is dated February 28th, and I paid him the sum of 2l.; it is receipted—that was the whole amount—I paid 1l. 15s., and then 5s., and that settled my tailor's bill.
Cross-examined. Q. Do you know Mr. Dubber? A. Yes; I have known him for many years—I have been surety for him at the money clubs, and he for me—I have not signed more than twice for him—he may possibly have signed more than twice for me—I cannot say exactly at this moment—I have to pay upon three of Mr. Dubber's bills where I am the borrower, and one upon which I am the surety—I am quite sure there is only one—the person whose name comes first is the borrower.
COURT. Q. I suppose you only have to pay weekly upon those where you are the borrower? A. Weekly instalments, unless the borrower make default.
MR. METCALFE. Q. Look at these two (handing them to the witness.) Are you the borrower there, or the surety? A. I am the borrower here—the first transaction I had with the club at all was two years last January—I had some transaction before these documents you have given me—I have signed my hand for Gyme once as surety for him—I have been surety for the prisoner twice—this bill of February 20th was the last for the prisoner—that is not paid—this one (produced) is where the prisoner was surety for me—there is not any besides these two—the other has been paid—these are in course of payment weekly—I have four outstanding against me at the present time where I am the borrower, and three where I am the surety; seven altogether—I cannot exactly say the amount—I mix with the other people at the clubs—I have been to Hurst's public-house—not very frequently sometimes not once a week, and sometimes almost every night—I have been there very late, I dare say till 3 or 4 in the morning—these documents were
signed at the clubs, about 10 or 11 in the evening—it is not true that I was at the prisoner's shop on 17th March with him, and that I there wrote my name across this bill—I was not examined before the Magistrate—this case has not been inquired in to before, as far as I know—I cannot say whether I paid the prisoner the bill for 2l. out of cash I got from the club, or out of other cash—I had a coat made, and I paid him for it—these bills(produced) have all my signatures to them.
The prisoner received a good character.— GUILTY .— Confined Fifteen Months. There were two other indictments against the prisoner.
Before Mr. Common Serjeant.
ELLEN SMITH . I am the wife of Daniel Smith, a labourer, of Barking; Essex—on 22d May, I went to the Mariner's Arms—the prisoner came in, and asked me to fetch a pot of beer—I said, "Yes, if you give me the money first"—he gave me sixpence, and I fetched a pot of sixpenny ale—the sixpence was good—he then said, "Bring another pot," and gave me a two-shilling piece—I gave it to Mr. Wells, who gave me 18d. and 2d.—that was four penny beer—I gave the change to the prisoner, and he asked me to fetch a pot of threepenny beer, and gave me another two-shilling piece—I give it to Mr. Wells, who said that it was bad, and gave it to me back—I marked it, and gave it to the prisoner—this is it (produced)—here is the mark I made.
Cross-examined by MR. COOPER. Q. Did yon say anything to him when be returned it? A. I said, "Young man, this is a bad one"—he said that it was good as far as he knew—he seemed the worse for liquor when he came in—he did not say that he was from March in Cambridge shire, and had just come up to town—he came in merry and jovial, and asked the men in the tip-room to drink with him—he appeared more generous through the liquor.
MARY WELLS . I am the wife of John Wells, who keeps the Mariner's beer-house, Barking—I remember the last witness bringing me a florin and asking for a pot of ale—I put it in the till—there was no other florin there, and no large money—she came to me again nearly an hour afterwards for a pot of ale, and offered me a bad florin—I told her it was bad, and I believe she gave it back to the prisoner—I then went to the till, and found that the first one was bad—there was only one there, so I could not make a mistake—I sent for a policeman, and gave the prisoner in custody.
Cross-examined. Q. Did he know that you sent for the police? A. No; he stood before the bar—Cox came in a little more than five minutes, and found him there.
SAMUEL COX (Policeman, K 228). On 2d. May I was sent for to the Mariner's Arms, about 7 in the evening, and Mrs. Wells gave me this florin—I asked her who she received it from; she said from Smith—I asked Smith where she got it; she said from the prisoner—I searched him, and in his right waistcoat pocket found another florin and three halfpence—while I was searching him, he said, "I knew they were bad, but I did not intend to "keep them; I intended some one else to have them."
Cross-examined. Q. Did not he say, "I picked them up; I did not intend
to keep them; they were clearly intended for somebody else?" A. No; I am not aware that I have ever said that be said that he picked them up, but he did not that I recollect—this is my signature to this deposition. (Looking at it)—I did swear before the Magistrate that the prisoner said, "I picked them up"—I believe that he said so—he did not say, "They were intended for somebody else; I did not know they were bad"—I am quite positive he did not say that he said, "I knew they were bad; I did not intend to keep them; they were intended for some one else."
COURT. Q. Are you perfectly certain he said that he knew they were bad? A. Yes; he told me that while I was searching him, before I spoke a word to him—he had been drinking.
NOT GUILTY .
Before Mr. Recorder,
MR. COLLINS conducted the Prosecution,
GEORGE BATCH . I am in the service of Mrs. Wright, a grocer, of Marlborough-street, Greenwich—on 22d May, about half-past eight in the evening, I went into the shop to light the gas, and saw the prisoner then, stowing away some tobacco from out a jar—he was a stranger—I asked him what he wanted—he said he wanted about half an ounce of tobacco—I asked if he had been helping himself—he said no, and ran out of the shop—I ran after him—as he was running he threw down first the lard, then the bacon, and then the tobacco—I stopped him, and he gave me up this piece of cheese—the things all belong to my master, and were all in the shop—they are worth 4s. 4d.
Prisoner. I was a little in drink at the time, and don't know whether I bought the things or not.
Witness. He was rather in liquor.
The prisoner was further charged with having been before convicted at the Police Court, Greenwich, on 31st July, 1860; to this he
PLEADED GUILTY.— Six Years' Penal Servitude
ROSE JACKSON . I am an unfortunate girl, and live at 109, Harding-lane, Woolwich—on the morning of 21st April, I was at the top of the lane with Susan Stock, and when we got to the centre of the lane I saw a man, who I have since heard is Mr. Butler, on the ground, and the three prisoners with him—Hill was pushing him up, but he had his hand in his pockets at the
same time—Hill then paid that if he did not get away it would be the worse for him—Butler said, "For God's sake do pot kill me; let me go"—hit face was bleeding fearfully; you could not see it for blood—Hill came up to us, and wished us to go home with him—we refused, and got the protection of the police to take us home—I am quite certain these are the three men.
Williams. Q. Did you Bee me touch the man? A. No; but you were there when he was on the ground.
Johnson. Q. Did you see me do anything to the man? A. You pushed him down after he was picked up.
Hill. Q. Did you see me take the man's money? A. I saw your hands in his pockets; you shoved him.
SUSAN STOCK . I was with, the last witness—I saw the poor man on the ground, screaming fearfully—Hill picked him up, and shoved him, and told him if he did not go, it would be the worse for him—he said, "Do not kill me, for God's sake," and screamed for help—the other prisoners were with him, and Hill came to me and said that he had plenty of money, would I go home with him—I said, "No"—the constable came to me in the morning, and I told him what I had seen—the man was bleeding fearfully.
Williams. Q. You were talking to the policeman; did you tell him we were ill using the man? A. No; I told him I was afraid to go home—I did not see you hit the man, but you were with the others, and were all as bad as one another—they showed him, and pushed him.
MR. LEWIS. Q. Are you quite certain all the three men were round the prosecutor at the time he was crying out? A. Yes; it was 1 o'clock in the morning, or half-past.
THOMAS MONK (Policeman, R 1). On the morning of 29th April, about twenty minutes to 2 o'clock, I saw the prisoners in High-street, Woolwich, loitering about—I went over and asked them where they came from—Williams and Hill said that they came from Northampton, and were shoemakers—Johnson said he was a tailor—another constable came up, and we followed them into George-street—I stopped them, and found these housebreaking implements (produced) on Hill, and a candle and matches—we took them in custody, searched them, and found 2d. on Williams, 19s. 3d. on Johnson, and 1s. on Hill—I afterwards met the prosecutor—he was terribly injured and covered with bloods I took him to the station, and showed the prisoners to him with three others placed with them, and he picked these three out of the six—he said that they knocked him down and kicked him, and he begged they would not kill him—they denied it—he said he had lost a half-sovereign, two florins, a sixpence, and a 3d. piece—I have seen him since in St. Bartholomew's Hospital yesterday afternoon, with a broken arm in two places—he has been knocked down by an omnibus, and is confined to his bed in the accident ward—I was present when he was examined before the Magistrate in the prisoners' presence—they had the opportunity of cross-examining him—(The deposition of William Butler was here read as follows; "I live at 2, Hog-lane, Woolwich, and am a labourer. On Wednesday morning, 24th April, I was in a public-house called the Dust Hole, in Woolwich, and I came out of that house at a little after 12, and went down a turning with a female to a house there. I gave her 1s.; she turned me out of the house, and I had not got more than twenty yards, it being then about 1 o'clock in the morning, when the three prisoners came up to me; one of them, I can't say which, put his foot before me, and threw me down, and while down I received some kicks in my ribs. Charles Hill, under pretence of picking me up, jammed both his hands into my
trousers pockets, one in each pocket, and jolted me up and down. I asked them for God's sake not to kill me. I suddenly missed them. I managed to get up, and found both my pockets empty. A few minutes before I met them, I had in my right-hand pocket a half-sovereign, two 2s. pieces, 1s. and 6d. and a 3d. bit. I know it was all safe after I had left the woman at the house. On missing my money I met a policeman. I told him what had happened, and be directed me to the station-house. Missing my way, I met the sergeant and told him. My face was covered with blood from the injuries I received while down. I went to the station-house with him, and he brought out six men I identified the three prisoners who were amongst them as the three that had ill-used me. There was a gas-light about half a dozen yards from where they attacked me, and I had an opportunity of seeing their features. I was not drunk. I had been drinking, but knew well what I was about. William Butler.")—the prosecutor did not seem drunk—he knew perfectly well what he was about, and his face was regularly skinned on one side.
Williams. Q. When we met you, did not we ask you if there was a night-house? A. Yes; I said nothing about robbing the man—I did not know of it—I told you there was one in Greenwich—I kept you in conversation long as I could, wanting another policeman to come up as there were three. Hill. You said that you fetched three men to put with us; you only brought one. Witness. There were three.
Johnson. Q. Did not I tell you that I changed a sovereign at a public-house in High-street, and describe the landlord as a stout man, wearing a moustache? A. Yes; I could not find the house.
The prisoners' statements before the Magistrate were here read as follows; Williams says, "I left London on Tuesday night to come down to Woolwich to see a military-train friend; I fell in with a party, the other two prisoners, looking for lodgings; we all went into a public-house, and got drinking till 12 o'clock; Johnson changed a sovereign near the churchyard; we were directed down a court where this row was, to get lodgings; I asked a woman there, and we went away and asked the sergeant for a night-house on purpose to get out of the streets, and he directed us to go to Greenwich; I was going on till we got stopped." Johnson says, "I came to Woolwich to see a sister-in-law at Charlton; I met these two prisoners; they could not tell me where she lived, and I was walking about till the police came up and took us to the station; just before that I had changed a sovereign at a public-house in High-street." Hill says, "I left Tooley-street on Tuesday afternoon, and came down to Woolwich to look for work, and went into a public-house to have something to drink; a man in there offered me those two tools for sale, and I gave him 9d. for them; after leaving there I came along straight, and at night met these two men in the street, and we all stopped together drinking till after 12; Johnson changed a sovereign to pay for the last drink we had in the public-house; we then left, and the first policeman we met, we asked him to recommend us a lodging; they said they could not; that there was a night-house at Greenwich, and we could go on there, and we left and were afterwards stopped and taken to the station-house."
Williams's Defence, I left London, and came down to Woolwich to see a military-train; I had some money in my pocket and got a little drunk; I fell in with these men, and Johnson changed a sovereign; we met two or three persons, and saw a lot of women, and Butler among them, halloing about a shilling; I asked the landlady what was the matter; she said that a man had given a shilling to one of the girls and wanted it back again; these two girls were with the man where he fell down. I was with a woman who wanted
to get a pot of ale, but there were no houses open; we met the sergeant, and he sent us on to Greenwich; we never thought of it till we got stopped and searched; they found 2d. on me, and 19s. 6d. on him, but not the same coin as the prosecutor lost.
JOHNSON was further charged with having been before convicted in September, 1861, in the name of John Philips; to which he
PLEADED GUILTY.— Seven Years' Penal Servitude. WILLIAMS— Confined Eighteen Months. HILL— six Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
WILLIAM PINK . I live at 3, Regent-street, Deptford—on Saturday night, 9th May, I was in High-street, Deptford, talking to a friend outside the Prince Regent public-house—at that time my wife came along, and said, "I want some money"—I said, "All right;" gave her some money, and put the bag in my right pocket, and in two minutes a hand was reached into my pocket, and the pocket and contents went out together—I caught the party by the arm and breast—he edged away a little, but I kept my hold—I called a constable and gave him in charge—the prisoner is the man.
Prisoner. Q. Did you see my hand in your pocket? A. I am sure I caught the arm to which the hand belonged—I did not see anything in your hand—several people came round, but I continued my hold—you tried to get away, and backed yourself into the bar.
COURT. Q. Could it have been any one eke who put his hand in your pocket, but the one you caught bold of? A. No; I said at the station that I had lost, as near as I could guess, twelve or fourteen shillings, in a bag—a half-crown, a florin, and some odd silver—I was present when the prisoner was searched, and 16s., 6d. was found on him—the bag was not found, but he had walked a quarter of a mile to the station—the string of the bag was drawn tight, but not tied—while I was catching his arm, he was drawing his hand out of my pocket.
GEORGE MEMBRAY (Policeman, R 10). On 9th May, I was called to the Prince Regent, High-street, Deptford—the prosecutor gave the prisoner in custody, and I took him to the station—while I was searching him, the inspector asked Pink what his bag contained—he said, "Twelve or fourteen shillings, some half-crowns, and two shillings;" and he could not say whether there was any other silver or not—I found on the prisoner three half-crowns, a florin, three 1s., two 6d. pieces, and 9 1/2 d. in copper—going to the station, I was holding him by the left arm with both hands, he pretended to take some tobacco out of his right trousers' pocket, and I saw him put something to his mouth.
Prisoner. Q. Was it tobacco I had? A. I cannot say—there was a great crowd following us, and you might have got rid of the bag without my seeing it—you had a little tobacco in your breeches-pocket, and a pipe.
GUILTY.—He was further charged with having been before convicted at this Court, in August, 1859, in the name of Daniel Fox, when he was sentenced to Three Months Imprisonment; to which he
PLEADED GUILTY.**— Six Years' Penal Servitude.
Before Mr. Baron Bramwell.
MR. ORRIDGE conducted the Prosecution.
ELIZABETH ROBERTS . I live at 58, King-street, Woolwich—my late husband was a baker there—the prisoner was my servant—it was her custom to fetch the beer for my supper, and at times she would fetch it in my absence, and put it on one side—on Sunday evening, 10th May, I went out about ten minutes to 9, and returned about a quarter to 11—I knocked at the door, and the prisoner came down and opened the door to me—she was partly undressed, and appeared to have been to bed—I saw the beer on the table, but having been out I did not, want it—I was going to put it away, but perceived a strong smell proceeding from it, which induced me to taste it—I then tasted it a second time, and put it away in a cupboard—next day it dinner-time she asked me if she should fetch the beer—I said, "Yes, fetch me a pint"—she said, "Oh, there is your beer in the cupboard, you did not drink last night"—I said, "Where did you get that beer last night?"—she said, "At Mr. Bayne's"—I said, "There is something the matter with it; I cannot drink it"—she said she had fetched some for herself and some for me, and had drank her own, and there was nothing the matter with it—I asked her who served her—she said, "Carry Bayne"—I told her to take it back to them, and ask them if they had not made a great mistake in giving her that for beer—she was some time before she came to take it; which excited my suspicion, and I took it myself to the house—they tasted it, and from what they told me, I Went back and taxed the prisoner with putting something into it—the denied it—MR. Bayne afterwards came, and she denied, is his presence, having put anything into it—she waited some time, and he said, "Why do not you say what you have put in it? you have put some poison in it;" and he named different poisons to her—she would not own what she had put into it, and I said that I must have it analyzed—I went into the shop, and when I returned Mr. Bayne told me in her presence that she had admitted putting oil of vitriol into the beer—she did not deny it—we asked her what she did it for—she said that she did not know—we pressed her very much, and she said that she did not do it with any intention to do me any harm—I told her to leave my service, I should not require her any longer—I was with her while she was putting her bonnet on, and before she went out, she said that another person, who had been in our employ (Clifford) had told her to put it into the beer—she was there for some time, and I asked her why she should tell her to do so; she said that she did not know, but she met him a fortnight previously—after a time she left the house, and on the Thursday morning she went to the station and gave herself in custody, but I was not there—she said, in my husband's presence, that if he would go out of the room she would say who told per to do it—he went out when I asked him, and I was left alone with the prisoner, who said that Mr. Clifford had told her to put it in—on the following day I went to her mother's house—my husband went there before me, and when I got there she said that Mr. Roberts told her to put it into the beer, and that would settle me—my husband denied it, and said he knew nothing at all about it, and I said that he knew nothing about it—I said, "Why do not you tell the truth?" and after pressing her she said that Mr. Roberts had nothing to do with it, and Mr. Clifford had nothing to do with it; she did it of her own free will—this (produced) is the bottle in which vitriol is kept at my house; it is used for cleaning copper.
Prisoner. I did not say all she has said at first. Mr. Roberts did tell me
to put it into the beer, and he did not deny it either, when he came to the house; and then he said, so help him God he was as innocent as a new-born baby; and then Mrs. Roberts said she would transport me, I was a nasty, dirty, stinking wh—e, and she would not let me tell Mr. Roberts about it Witness. That is not so; you are capable of saying anything—you did not say that to Mr. Roberts in my hearing—when I went in, he said, "She says that it is me that has done it"—your father and mother were there, and pressed you; you said that Mr. Roberts had nothing to do with it, nor the man—I said, "Did you do it yourself?"—you said, "Yes."
Prisoner. I said that it was Mr. Roberts; I did not say I did it of my own free will. I never did such a thing in my life.
COURT. Q. Did you swallow any of it? A. No I tasted it and spat it out.
ROBERT BAYNE . I keep the Railway Tavern, Woolwich—I know the prisoner, as being in the habit of coming for Mrs. Roberts' beer—on Monday, 11th May, Mrs. Roberts brought some beer to my house—I tasted it; it was very nauseous, and I fancied there was poison in it—I went with Mrs. Roberts to her house, saw the prisoner, and asked her what she had been doing with the beer—she said, "Nothing"—I said, "I am certain something has been done to it, it is not as it left my house"—she said, "No"—I said, "If you tell me what you have put in the beer, I shall leave it in the hands of your master; and if you do not, I shall leave it in the hands of the police"—the then confessed that she had put in the oil of vitriol—I asked her where she got it—she said, "Out of the wash-house"—I said, "Did anyone tell you to put it in—she said, "No"—I asked her if there was any cause for it—she said, "No"—I asked her if her master and mistress were kind to her—she said, "Very kind"—I asked her where she bought it—she said, "At Mr. Rastich, the chemist's."
CATHERINE MARIA BAYNE . I am a daughter of the last witness—on 7th May, I supplied the prisoner with two separate half-pints of half and half between 9 and 10 o'clock—it was the usual half and half which I sell—then was no oil of vitriol in it—I had no other complaints of it.
GEORGE DERBY BLAGG . I am assistant to Mr. Rastich, a chemist, of Woolwich—I know the prisoner, as coming to my shop for vitriol—she usually fetched it in a bottle, and I supplied her with equal parts of vitriol and water—she had some a fortnight or three weeks before this occurrence—I tested the beer; there was oil of vitriol in it, and I could tell that by the taste.
ALFRED GARDINER BROWN . I am a surgeon, in practice in Woolwich—a bottle was brought to me by Inspector Lindell on a Saturday morning—I found that it contained a mixture of vitriol and beer—there was enough vitriol to have done the woman considerable harm if she had swallowed it.
JAMES H. LINDELL (Police-inspector, R). On Wednesday evening, 13th May, I went into the station, and found the prisoner and her father there—the inspector told me, in her presence, that she had been putting some material into her mistress's beer—we thought it better not to detain her that night, but handed her over to the custody of her father—the following morning I made inquiries, and went to her father's house—Mr. Roberts was alive at that time; he hanged himself at 2 o'clock in the afternoon—I said to the prisoner, "I have come relative to a statement you wish to make—I must caution you that it is very possible I may have to use it elsewhere"—she said, "Last Sunday night my mistress was out; myself and master were at home: my master gave me a shilling to go and get two half-pints of beer;
I went and got them in two separate mugs, one for my own supper, and one for my mistress's supper when she returned home. I came back, and gave him the change. After that my master began talking about the mistreat being out so much of an evening; he said, 'Last Thursday night it was 12 o'clock when she came home,' Friday it was 11, and last night half-past 10; he then went to a shelf where a vitriol bottle was kept, took it down, handed it to me, and said, 'Here, this will settle her.' I said to him, 'Who shall I say?" He said, 'Say Clifford,' and I then put it into the beer, and shortly afterwards went to bed"—she also said that her master had seduced her last boxing-night; that her mistress was out that night, that he threw her down on the sofa, hurt her head, seduced her, and gave her seven pence; that he had had connection with her several times since, and she had had 6s., or 7s. from him—I told her it required a Magisterial investigation, and I must take her in custody—I took her to the station, and charged her, on her own confession, with attempting to administer the poison—I received this bottle from Mr. Bayne.
Prisoner. Q. Do you say I said that Mr. Roberts got it off the shelf; and said, "Pour it in, and that will settle her?" A. You did not say, "Pour it in."
The prisoner's statement before the Magistrate was here read as follows:—" I will not say anything to-day, I will wait till my trial."
Prisoner's Defence. I came in on Tuesday at twenty minutes past 9, laid the cloth for supper, and asked Mr. Roberts for the money for the beer He gave me a shilling; I brought two half-pints of beer, one for me, and one for Mrs. Roberts. I had my supper, and covered Mrs. Roberts' beer over. After George had had his supper. I left Mr. Roberts in the parlour, and went up stairs to see the baby to bed; when I went down Mr. Roberts was out at the back. He shut the shutter. The beer was on a table. He west into the wash-house, came in, and said that Mrs. Roberts was out till 12 on Thursday, 11 on Friday, and half-past 10 on Saturday. He told me to pour it in, and that would settle her. I said, "What shall I say?" He said, "Say Clifford." He told me to cover it over, and I put a plate on the top, I said, "Shall I sit up?" He said, "No, go to bed; and if you say anything about the beer, I will settle you." I went to bed, and afterwards heard a knocking. I let Mrs. Roberts in, and went to bed. Next morning I was laying the cloth for dinner, and there was a quarrel up stairs, mistress and master were fighting. He came down and asked me who had told mistress about the beer. I said, "I have not" He said, "If you have I will transport you. When your mistress comes down, ask her if she wants any beer; and if she says yes, tell her she has not drunk the beer you got last night. She did so, and I told her there was the beer she left last night She asked me who I got it of; I said, "Carry Bayne." She told me to take it there. While I was getting my bonnet she took it herself, and came back and said that it was poisoned. She spoke to Mr. Roberts, but I did not hear him make any answer. She walked into the shop, and said she would not have me in the shop any longer. I went up stairs, changed my dress, and went home. At night my father went down to Mr. Roberts The inspector sent down a policeman to ask if she would charge me. The inspector came back and said that Mrs. Roberts said she had no charge against me at all, and I bad better go home. I told them that Mr. Roberts had to do with it, and father came back and said that Mr. Roberts was coming down. They both came down together, and I told Mr. Roberts to his face that it was because Mrs. Roberts said she would transport me. I
said I was as innocent as a new-born baby. On Wednesday night I went and gave myself in charge.
COURT to ELIZABETH ROBRRTS. Q. Can the prisoner read f A. Yes, and I believe well; I have seen her reading—she could read "Poison" on the bottle—she can read and write.
Witnesses for the Defence.
JOHN PAXTON . (Examined by the prisoner). Q. Father, did not I tell Mr. Roberts to his face that it was him? A. Yes; he said that if you spoke such a thing as that you would be the means of transporting him; upon which you said that what you had to say you would say at the police-court—Mrs. Roberts was present—Mr. Roberts said, "Paxton, believe me, it is all false; it is best to let the matter drop, and if you are satisfied I am;" but after Mrs. Roberts was gone, you said that you were not satisfied—I was not present when the policeman came back, but I understood the young man came back and gave yon a very favourable character from Mrs. Roberts.
COURT. Q. Did you take her to the police? A. I went down with her—that was because she was anxious to make a confession about the staff—she said she used to buy a pennyworth every three weeks to clean the boots with—it is said that she has done it, but I cannot say that, because the girl was very partial to the family, and there was no inducement.
ANN PAXTON . I am the prisoner's mother—when Mr. Roberts came into the sitting-room she was behind the door—her father said, "Eliza, speak the truth; recollect, you stand before God and man"—she said to Mr. Roberts, "You are the man' who took the bottle off the shelf; and told me to pour it in the beer"—Mrs. Roberts came in, and he said, "What do you think, the lying girl says that I told her to do it So respectable as I have been, do you think I should want to poison my wife? Paxton, do not you believe it;" and he said, "If you are satisfied, I am"—on the Monday night I was up at Mrs. Roberts', and she did not wish to give her in charge, as they wished it to drop—I said I should go to the station, as my daughter wished to give information about it, as she did not do it of her own accord, and on Sunday she went up to the inspector—Mrs. Roberts called my daughter a dirty slut and what my house, and that frightened the girl, and she would not say any more.
GUILTY .—Strongly recommended to mercy by the Jury, believing she was instigated to do it by other parties.
MR. ORRIDGE stated that Clifford was turned away for having intercourse with the prisoner.— Three Years' Penal Servitude.
NOT GUILTY .
Before Mr. Baron Bramwell.
MR. METCALFE conducted the Prosecution.
GEORGE NEALE . I live at 6, Park-road-terrace, Forest-hill—I am an attendant in the British Museum—I and the prisoner married two sisters—the prisoner's wife occupies a house next to mine at Forest-hill—there is a garden attached to each house, divided by a wall about five feet high—my cellar window looks out upon the garden, underneath the back parlour window—it is about ten yards from the garden wall; the kitchen is built
out from the house, and you have to come round the kitchen to get to the wall—there are flag-stones and gravel on my side; on the prisoner's side there is a flower-border, About a yard and a half wide, and there is a gravel walk to the house—the gas is laid on at my house; the metre is in the cellar, about a yard from the front door, underneath the passage; you have to go along the passage, and down five steps to the cellar door, in order to get to it—the cellar window is at the back of the house; it is a small window, with four panes of glass—I saw that window afterwards; it had then been drawn out—a person could then get into the cellar, and have the whole range of the house—I went to bed about 11 o'clock, or rather earlier—I shut up the house myself, as I always do, being the last person about—I left the key in a place for one of the lodgers—I turned off the gas from the meter; I have a key by which I can turn it off from the passage without going into the cellar—I left the key in—there was another key of the meter hanging up in the cellar, which has not been seen since—I could not say that it was there that night; I had seen it on the Sunday previous—when I turned off the gas there was no imperfection in the pipe; all was dark, and there was no smell of gas—my wife woke me about halt-fast 2 o'clock—there was a smell of smoke in the room—I had left my bed-room door open to hear when Mr. Cotton came in; I heard him come in shortly after I was in bed, and saw the reflection of his light passing my room door—on going down stairs I saw fire in the passage—I ran to the cellar door, but could not go in as it was in flames—the fire was along the flooring of the passage, immediately over the meter, and through the hole which I bad made to put the key in—the flames were coming through from the cellar—I also found a fire outside the cellar door oil the door-mat—it was a I separate fire from the other; it was about three yards from the gas-pipe; there was no gas connected with that fire—I called in some working men who were going by, and we got the fire out—it had burned through three or four boards and part of the joists—I found the gas-pipes out, and burnt away-one of the men turned out the gas with some pincers; I saw that the gas was turned on from the meter, and it was burning through the boles cut in the pipes—the gas key was gone; the police-sergeant afterwards found it in the cellar; it might have been drawn through from the passage by a person in the cellar—I saw two cuts in tae pipe near the meter, one a horizontal one, and the other straight; they would allow of the escape of a great quantity of gas; about four inches from the passage flooring—the last time I had seen the prisoner was on the Sunday night; that was at Forest-hill, on the road leading to Catford-bridge—I spoke to him, and shook hands with him on wishing him good night—there has been a good deal of quarrelling between the prisoner and his wife—about two years back, while I was in lodgings-at Camden-town, I heard him say, rather than let his wife remain at Forest-hill, and have the use of the furniture, and do as she did in the house, he would have it burnt down—a portion of the furniture in the house belonged to each of them—since the time I went to live at Forest-hill there had not been any quarrelling that I am aware of—I had not spoken to him for a few months after I went down there, as their lodger left their house and came to me, and I suppose he thought I had done him an injury—he has told me that Mr. Payne was his best lodger; that was the one that came to me; he has not shown any feeling towards me in any other way, but he has always kept his distance—he has come down from Saturday night till Monday, and I have never seen him at all—he
carried on business in Gray's-inn-lane as a shoemaker—I am not insured, the prisoner is.
Cross-examined by MR. SLEIGH. Q. Were there two independent fires? A. Yes; a person could not get from the one to the other without passing through the cellar-door; I found that door bolted on the passage side—it was all done from the cellar—there were marks of a liquid there—the fire outside the cellar-door must have been done by a person in the cellar pouring a liquid under the door, which would burn and run along on the other side where the mat was standing, and that would hold the fluid up against the door; the cellar-door did not fit close—I should say that fire was seven or eight yards from the other—this plan (produced) is correct—the cellar-window is about four yards from the cellar-door—I had not been out walking with the prisoner in the early part of the previous Sunday; I had seen him the third Sunday previous—the observation that be made two years ago was not that he would sooner the house had been burnt down than she had ever gone there.
GEORGE BEST (Policeman, B 21). Shortly after 3 o'clock, on the morning of 20th May, I went to the prosecutor's house, in consequence of an alarm of fire—when I got there the fire was out—I accompanied Mr. Neale in making a search of the premises—I found that the house had been entered by the back kitchen window; the cross-pieces of the frame work had been broken out, and the whole four panes of glass smashed—the bottom part of the heavy framework had a slight cut in the lower left-hand corner—when that window was removed a person could get in or out—I found that the gaspipe had been out in two places, one about three or four inches from the meter, and the other about twelve or fifteen inches—one was a cross cut and the other lengthways—these are the pieces (produced)—it appeared to be done by some rough instrument; not cut clean as with a knife—I was present when the inspector found this shoemaker's knife (produced) lying about a yard from the meter; it has been notched like a saw; such an instrument as this would produce those cuts—I saw this knife fitted into the cuts in the framework of the cellar window, and they exactly corresponded—the gas was turned off when I got there—if it had been turned on the flame from these outs would have been about a foot below the ceiling above it—I found the boards there burnt for three or four yards immediately over the pipe—there had also been a second fire close against the door leading from the passage to the cellar—there was a mat outside that cellar-door, which had been slightly burnt—there was a peculiar smell of some strong spirit having been near that spot—I did not find any spirit there—I afterwards found some at the prisoner's shop at King's-cross; it had a very strong turpentine smell—I found this long meter key lying in the prosecutor's cellar, about a yard from the meter—there were a number of wine and beer bottles there; some appeared to have been recently broken, by the necks being knocked off—I examined the outside of the premises—I found traces on a dust bin at the back of the scullery in Mr. Neale's garden, of some person having got over the wall—the dust-bin is within about a yard of the top of the wall; a person could easily get over—on the other side of the wall I found the footmarks of one person; there were not more than two or three distinct footmarks on the mould close to the wall, within a foot and half of it—the footmarks pointed towards the wall—on the Friday morning succeeding the fire, after apprehending the prisoner, I went to his shop, 217, Gray's-inn-lane—it was a shoemaker's—in a cupboard in a parlour at the back of the shop, I found this
out from the house, and you have to come round the kitchen to get to the wall—there are flag-stones and gravel on my side; on the prisoner's side there is a flower-border, about a yard and a half wide, and there is a gravel walk to the house—the gas is laid on at my house; the metre is in the cellar, about a yard from the front door, underneath the passage; you have to go along the passage, and down five steps to the cellar door, in order to get to it—the cellar window is at the back of the house; it is a small window, with four panes of glass—I saw that window afterwards; it had then been drawn out—a person could then get into the cellar, and have the whole range of the house—I went to bed about 11 o'clock, or rather earlier—I shut up the house myself, as I always do, being the last person about—I left the key in a place for one of the lodgers—I turned off the gas from the meter; I have a key by which I can turn it off from the passage without going into the cellar—I left the key in—there was another key of the meter hanging up in the cellar, which has not been seen since—I could not say that it was there that night; I had seen it on the Sunday previous—when I turned off the gas there was no imperfection in the pipe; all was dark, and there was no smell of gas—my wife woke me about half-past 2 o'clock—there was a smell of smoke in the room—I had left my bed-room door open to hear when Mr. Cotton came in; I heard him come in shortly after I was in bed, and saw the reflection of his light passing my room door—on going down stairs I saw fire in the passage—I ran to the cellar door, but could not go in as it was in flames—the fire was along the flooring of the passage, immediately over the meter, and through the hole which I had made to put the key in—the flames were coming through from the cellar—I also found a fire outside the cellar door on the door-mat—it was a separate fire from the other; it was about three yards from the gas-pipe; there was no gas connected with that fire—I called in some working men who were going by, and we got the fire out—it had burned through three or four boards and part of the joists—I found the gas-pipes cut, and burnt away—one of the men turned out the gas with some pincers; I saw that the gas was turned on from the meter, and it was burning through the boles cut in the pipes—the gas key was gone; the police-sergeant afterwards found it in the cellar; it might have been drawn through from the passage by a person in the cellar—I saw two cuts in the pipe near the meter, one a horizontal one, and the other straight; they would allow of the escape of a great quantity of gas; about four inches from the passage flooring—the last time I had seen the prisoner was on the Sunday night; that was at Forest-hill, on the road leading to Catford-bridge—I spoke to him, and shook hands with him on wishing him good night—there has been a good deal of quarrelling between the prisoner and his wife—about two years back, while I was in lodgings at Camden-town, I heard him say, rather than let his wife remain at Forest-hill, and have the use of the furniture, and do as she did in the house, he would have it burnt down—a portion of the furniture in the house belonged to each of them—since the time I went to live at Forest-hill there had not been any quarrelling that I am aware of—I had not spoken to him for a few months after I went down there, as their lodger left their house and came to me, and I suppose he thought I had done him an injury—he has told me that Mr. Payne was his best lodger; that was the one that came to me; he has not shown any feeling towards me in any other way, but he has always kept his distance—he has come down from Saturday night till Monday, and I have never seen him at all—he
carried on business in Gray's-inn-lane as a shoemaker—I am not insured, the prisoner is.
Cross-examined by MR. SLEIGH. Q. Were there two independent fires? A. Yes; a person could not get from the one to the other without passing through the cellar-door; I found that door bolted on the passage side—it was all done from the cellar—there were marks of a liquid there—the fire outside the cellar-door must have been done by a person in the cellar pouring a liquid under the door, which would burn and ran along on the other side where the mat was standing, and that would hold the fluid up against the door; the cellar-door did not fit close—I should say that fire was seven or eight yards from the other—this plan (produced) is correct—the cellar-window is about four yards from the cellar-door—I had not been out walking with the prisoner in the early part of the previous Sunday; I had seen him the third Sunday previous—the observation that he made two years ago was not that he would sooner the house had been burnt down than she had ever gone there.
GEORGE BEST (Policeman, R 21). Shortly after 3 o'clock, on the morning of 20th May, I went to the prosecutor's house, in consequence of an alarm of fire—when I got there the fire" was out—I accompanied Mr. Neale in making a search of the premises—I found that the house had been entered by the back kitchen window; the cross-pieces of the frame work had been broken out, and the whole four panes of glass smashed—the bottom part of the heavy framework had a slight cut in the lower left-hand corner—when that window was removed a person could get in or out—I found that the gaspipe had been—cut in two places, one about three or four inches from the meter, and the other about twelve or fifteen inches—one was a cross cut and the other lengthways—these are the pieces (produced)—it appeared to be done by some rough instrument; not cut clean as with a knife—I was present when the inspector found this shoemaker's knife (produced) lying about a yard from the meter; it has been notched like a saw; such an instrument as this would produce those cuts—I saw this knife fitted into the cuts in the framework of the cellar window, and they exactly corresponded—the gas was turned off when I got there—if it had been turned on the flame from these outs would have been about a foot below the ceiling above it—I found the boards there burnt for three or four yards immediately over the pipe—there had also been a second fire close against the door leading from the passage to the cellar—there was a mat outside that cellar-door, which had been slightly burnt—there war a peculiar smell of some strong spirit having been near that spot—I did not find any spirit there—I afterwards found some at the prisoner's shop at King's-cross; it had a very strong turpentine smell—I found this long meter key lying in the prosecutor's cellar, about a yard from the meter—there were a number of wine and beer bottles there; some appeared to have been recently broken, by the necks being knocked off—I examined the outside of the premises—I found traces on a dust bin at the back of the scullery in Mr. Neale's garden, of some person having got over the wall—the dust-bin is within about a yard of the top of the wall; a person could easily get over—on the other side of the wall I found the footmarks of one person; there were not more than two or three distinct footmarks on the mould close to the wall, within a foot and half of it—the footmarks pointed towards the wall—on the Friday morning succeeding the fire, after apprehending the prisoner, I went to his shop, 217, Gray's-inn-lane—it was a shoemaker's shop—in a cupboard in a parlour at the back of the shop, I found this
bottle containing about half a pint of turpentine varnish—it has a strong turpentine or resinous smell—on Friday the 22d May, the prisoner came to the station at Sydenham; he demanded to know what inquiry the police had been making about him, and by whose authority—I kept him in conversation, sent for Mr. Neale, and he was given into custody—when the prisoner was asked he said he had been from his shop to King's-cross that night, and would bring a witness to prove that he was thereafter 12 o'clock—I cut the pipe from the meter about four feet from the front-door, under the passage—I first heard the prisoner's name mentioned on the Wednesday morning after the fire—I am not aware that he went to his house on the previous day—I heard that he went there on Thursday, and that a constable was sent for—the constable who went told me so; he is not here.
EDWIN TOWNSEND (Police-inspector R). I went to the fire about 4 o'clock in the morning—I found the knife and compared it with the marks on the window—the point exactly fitted into the window frame where it had been used—the bottom part of the frame was partially sawn through—I went to the prisoner's house at King's-cross with Best, and a pair of boots were given to me there, which were found in the back-room, used by the prisoner as a bed-room, under a chest of drawers bedstead—it would not require a great effort to put them there; they would just go under—Sergeant Best pulled them out with a stick, and I took possession of them—I did not see them till they were pointed out—I compared the right boot with the traces in the prisoner's garden, it fitted exactly—I made another impression in the mould a few inches off, and it was the exact counterpart of one footmark; I only compared it with one, as the others were not distinct—these nails are quite smooth, and made no impression; it was only the general outline which corresponded, but on the left boot there was some yellow clay, the same as was found on the dust-bin—I have some of it here—there is nothing by which I can distinguish the clay, it is common to both sides of the river—I found this walking stick, standing in a leaning position near the prisoner's dust-bin at the end of the house, and about two paces from the footmarks—Funnell found it; it was given up to him—the right cuff of this coat (produced) smells of turpentine, and does so still—I also found a file in a small drawer in the prisoner's shop, which would make such marks as are on the knife.
Cross-examined. Q. When did you first get possession of that coat? A. On the Saturday following, at the prisoner's private house, Forest-hill.
COURT to GEORGE NEALE Q. Had you any such knife as that on your premises? A. I had not—knew of it being on my premises before.
MGEORGE GREEN . I live in Gray's-inn-road, a few doors from the prisoners place—I have been in his service as shopman about two years—on Sunday night, 19th May, I left the shop about 10 o'clock—the prisoner was there at that time—on the following morning, I went about half-past 7 and found the shop shut—I rang the bell, and one of the lodgers let me in at the inner door—he seemed very sick and unwell—I was in charge of the shop when the constables came, and saw them take a pair of boots of the prisoner's—they were the boots he generally wore—he might have had them on the previous day; I did not take notice—I saw them in the shop on Wedneaday morning in going through from the parlour—I kicked against one of them that stood against the backing-up board—they were dirty, but I did not take any notice of that, it being a very wet day the day before, but I noticed that they were dirty—I do not know this file, we do not use three-cornered files
in the business—this is a common shoemaker's knife, such as we use in the trade.
COURT. Q. Do you make shoes there? A. Not on the premises, but we do a little repairing, and use knives of this kind for the purpose—turpentine varnish is not used in our trade, and I did not know that it existed there—I know of no use which the prisoner could have for it—the prisoner was handy at carpentering, and had tools for that purpose in the shop—he does not work in his own business—when I saw the prisoner ill, I asked him if he bad had anything to upset him over night—he said that he had been out and got himself a pint of ale, and he showed me a bottle containing a portion of it, and said that he had not drank the whole of it, as it made him sick.
Cross-examined. Q. Was be handy at cabinet-making, and repairing his furniture? A. I know nothing of that—he could knock up a little rough stand covered with paper to stand the boots on in the shop, such as I might do myself—he repaired the bottom part of the shop a little time ago, but no varnish was used—he put some size on it.
COURT. Q. Do yon know the chest of drawers bedstead? A. Yes; I have slept in it when he has been away—I saw the boots taken from under it—I could not see them till the officer drew them out—I cannot say that I ever knew him put them there before—they were the boots he generally wore—I did not know he had not got them on till the officer found them.
MR. ORRIDGE. Q. Does he occupy only one room) A. Yes; that is bed-room, parlour, kitchen, and all.
GEORGE EDWARD COTTON . I am a clerk, and am a lodger a the prosecutor's house—I returned home about 11.30 on the night of the fire, let myself in, fastened the door, and went up to bed—everything was safe then—I awoke when the fire occurred; I went down first—I had had four bottles of port wine and one of sherry in the cellar—I found one bottle left; three of port and one of sherry were either gone or broken—I suppose they were smashed, because the necks were there, and there was wine about the place—I cannot tell whether a bottle was actually removed; it may have been.
Cross-examined by MR. ORRIDGE. Q. Was that the night before the Derby? A. Yes; the box was open in the cellar—it was a common box with the top of a case.
COURT. Q. Where did you sleep? A. At the top of the house, next to Mr. Neale, two stories high—there are two floors between—there is a parlour floor, a drawing-room floor, and above that are the sleeping apartments—another lodger slept on the drawing-room floor behind—he was there that night, I saw him come out of his room some time afterwards—I believe he is not here.
JOHN ROHDE . I have lodged in the prisoner's house some little time—I was awoke by a cry of fire, got up, went down, and went into the next house—I there saw what I imagined to be the prisoner coming away from the front gate of the next house; that would lead him into the road—the fire was coming through the floor at that time; it was before the people came to put it out—I had been living in the house nearly three months—the prisoner came home every Saturday night and stayed till Monday morning.
Cross-examined by MR. ORRIDGE. Q. You had seen very little of him, I believe? A. Only three or four times—I think it was Mr. Rushton that I saw, but I do not swear-to him—when I saw him leaving the garden the tire had been burning some little time.
MR. METCALFE. Q. Could you see at that time that there was a fire burning? A. Not from outside the house—the cry of fire attracted my attention, and I went to the sitting-room, and saw the flames coming through the floor.
COURT. Q. Of course you did not speak to him? A. No; I met him, and he moved out of the way for me—was inside the gate—I did not notice in what direction he went—I did not notice him sufficiently to say whether he appeared in haste, as if running away.
CHARLES FUNNELL (Policeman, R 222). On Wednesday morning, 20th May, I was on duty at Forest-hill, about a quarter to 3 o'clock, and met the prisoner coming from Forest-hill towards London, about a mile from the house where the fire was—the road he was coming would lead me to that house—I asked him where he came from—he said, "From Anerly-gardens' (that would be his furthest way round)—I asked him where he was going to—he said, "To Covent-garden-market," and that he must be there by half-past 5—he had a bottle of wine in his hand with the neck knocked off—he said, "Will you drink?"—I took it from his hand and held it up to the light, and saw the cork floating in the wine—I thought it might be drugged, so did not take any—he left the bottle with me, and I threw it over the fence into the long grass—on Friday morning I went to the place and found the bottle; it contained about a quarter of a pint of port wine—the prisoner appeared tipsy and very restless, he wanted to be getting on—this was under a gas-lamp—I kept him in conversation four or five minutes, and am certain he is the man—no one could make a mistake in him—he said, "Is there a chance of my getting a cab?"—I said, "Not this time of morning," and he started off running towards London—he had a double-breasted overcoat—this (produced) is the same coat, only it was not torn then—I know it by the buttonholes being worn—I noticed that when if was on, the top button was buttoned—I was at the station-house at Sydenham on the Friday morning, and saw the prisoner reading a board outside the station gate, which had no reference to the fire—I told the sergeant that that was the man, and he was then taken in custody—I identified him the moment I saw him; he was not dressed in the same way—I went that afternoon with the inspector and sergeant to the prisoner's house, and found this coat—I noticed that the sleeve smelt of turpentine.
Cross-examined by MR. SLEIGH. Q. Did you know that he had been to that house on the Thursday before? A. Yes; I was not at the police-station on the Thursday when a communication was made, requesting some officer to go to the house—I did not go there on Thursday—I heard that there was a fire that morning, but I did not know where it was; I knew on Friday—I have no doubt whatever of the prisoner being the man, and I am equally certain of the coat being the one, and that it was buttoned only in one hole—I spoke first—I said, "Good morning; where are you going to?"—I have brought the bottle here which I picked up on the Thursday; some of the wine is in it now—I make an average number of mistakes in common with the rest of us—I am twenty-one years old, and have been fourteen months in the force—I never recollect supposing I knew a man when I did not, either before or since I was in the force, but most likely I have.
ELIZA WESTALL . I was in the prisoner's service—he came to the house every Saturday night, and went away on Monday morning—he has not been there in the week once since I have been there, which is four months—he
did not come on the Wednesday night, the night of the fire, as far as I know—I went to bed that night about five minutes to 10—I saw him there on the previous Sunday and Monday—I remember his going away; he took a carpet bag and a walking-stick—he always carried a stick just like this (produced)—I saw the policeman find it in the garden—I had been in the garden the day before, and it was not there then—on Thursday, the day after the fire, the prisoner came; he had this coat on—it was not torn then—there were a few words between my mistress and him, and the coat was torn by his getting in at the window—she did not want him to get in, but he got in, and it was either done getting in, or in the struggle to prevent him—he left it there, and the police took possession of it.
Cross-examined. Q. Was Mrs. Rushton at home when he came on the Thursday? A. Yes; I did not hear him knock—Mrs. Rushton was outside the door when he came, and tried to prevent his getting in—I had been to the police-station before that—the next-door neighbour sent me, and a constable afterwards came—before he came I heard a few words, but did not know that it was he who was suspected—he did not say to his wife that he heard she had said that he set the place on fire—he Raid something of the sort, but I do not know what he complained to the police when they came, and to his wife, of having been mentioned as the person who set the place on fire—he went away before the police—he was there on the Sunday all the forenoon, and went out in the afternoon—I saw him walking in the back garden; he was fond of gardening, and was planting some flowers in a pot.
AMELIA LISTER . I live with my father and mother, who occupy apartments in the prisoner's house in Gray's-inn-lane—on Sunday night I had been to see my sister—I came home about 11 o'clock, and the prisoner let me in—I saw nothing more of him—I think he was dressed—I sleep at the top of the house.
Gross-examined, by MR. SLEIGH. Q. Do you know whether it was 11 or half-past 11? A. I do not think it was later than 11; it might have been—when he let me in he went into the back-parlour, which is his bed-room—there is a door into it from the passage—the house is three stories high, and we live up stairs—my sister lives at Pimlico—I left the prisoner's house, with my sister, about quarter to 9, went with her as far as the Palace Hotel, Buckingham-gate, and left her there.
MR. METCALFE. Q. Could it have been 12 o'clock? A. No, it was some-where about 11.
EDWIN TOWNSEND . (Re-examined). It is about five miles and a half, from London-bridge to Forest Hill, and about two miles to King's-cross; seven miles altogether as near as possible—the last train leaves London for Forrest Hill at half-past 12 o'clock.
COURT to GEORGE GREEN. Q. Has your master any servant at Gray's-inn-lane? A. No, he waits on himself, and when the shopmen are gone, he is alone.
COURT to EDWIN TOWNSEND. Q. Did you find four sticks at his place at Gray's-inn-lane? A. No, none; but he had this one when he was taken in custody—these two others (produced) were found at his place at Forest Hill.
The prisoner received, a good character.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. ROWDEN conducted the Prosecution.
MART ALBUARY . I am the wife of Cornelius Albuary, who keeps a coffee-shop at 3, Rail way-terrace, Plumstead—on Thursday afternoon, 21st May, a little before 4, the prisoner came to our shop, and asked for a cup of coffee and two slices of bread and butter, which came to 2 1/2 d.—he put down a half crown in payment, I put it into my purse—I had no other silver there than 2s., which I took out to give him in change—between 6 and 7 that evening I sent out that half crown by my little boy to buy some butter of Mr. Topley next door—Mr. Topley came back with the boy and the half-crown; I then saw it was bad—I went to Woolwich to look for the prisoner, but could not find him; I got home a little before 9, and found the prisoner in the shop, detained by my husband and the policeman—I recognised him at once—I gave the half-crown to the policeman.
EBENEZER TOPLEY . I am a grocer at Plumstead—on 21st May, the lad came for some butter, and brought this bad half-crown—I took it back, and gave it to Mrs. Albuary—in the course of that same evening Mr. Albuary showed me a bad florin—I gave it back to him—the prisoner was there at that time.
CORNELIUS ALBUARY . On 21st May, a little after 8 in the evening, while my wife was gone to Woolwich to look after the prisoner, he came in, and asked for a cup of coffee and two slices of bread and butter, and tendered me a bad florin—I showed it to Topley, and be returned it to me—I detained the prisoner, and sent for a policeman—I told him he had been there before—he said he had not, and asked me to give him back the florin,—whilst I was looking at it he took it from my hand; I have not seen it since; I am quite certain it was bad—after waiting a short time, he was anxious to get away—my wife came in, and recognised him as the man that had been there in the morning, and I gave him into custody.
STEPHEN ROPLEY . I am a constable of the dockyard—I was sent for, and the prisoner was given into my custody with the half-crown—I asked the prisoner to let me look at the two-shilling piece; he said he had not got it—I found on him five good shillings, three sixpences, a fourpenny-piece, a threepenny-piece, and 7 1/2 d. in copper.
Prisoner's Defence. I know nothing about the half crown—as to the florin, I went to the coffee-shop; I was a little intoxicated; I pulled out my purse to pay, the florin fell on the table, and the shop-keeper took it up. I was not aware it was bad.
GUILTY .— Confined Nine Months.
WILLIAM YARDLEY (Policeman, H 259). I stopped the prisoner in High-street, Walworth, about ten minutes to 9 o'clock on the morning of 13th May—he was wearing this coat (produced)—he turned back when he saw
me—I followed him, and asked what he had got about him; he said he had nothing about him—I said the coat did not appear to fit him, and he said it had been given to him at Deptford overnight at 9 o'clock—I asked if he knew who gave it him, and he said, "No, but some man"—I took him into custody, and on the following day, from information I received, I went to the house of Lawler, and found these two pairs of boots.
EDWARD LAWLER . I lived at Cannon-row, Walworth, on Thursday 14th May—on that night the prisoner was brought to me, and I bought this pair of boots of him for 6d.—I am a translator of languages, but I am a shoemaker by trade—the boots are very dear at 6d.—they are not worth 4d.; there are five or six patches on them.
JAMES WILLSON . I live at No. 1, Griffin's Manor, Plumstead, and am an excavator's foreman—on Thursday, 14th May, I left this coat and these boots in the kitchen at half-past 8; I missed them about a quarter of an hour afterwards.
GUILTY .—He was further charged with having been before convicted of felony at this Court on 28th January, 1861; to which he
PLEADED GUILTY.— Confined Eighteen Months.
FRANCIS BRINKLEY . I am a cadet in the Royal Military Academy, at Woolwich—one day last October I went into the racket-court, and left my gold hunting-watch in my tunic-pocket, in the dressing-room belonging to the racket-ground—upon my return, I missed my watch—I had paid 25l. for it about six months before—I know the boy Meopham, I used to see him about at that time—he was there frequently, and upon that day—after I missed my watch I gave information to the police, and caused inquiries to be made after it—I asked Meopham if he had seen anybody about the court on that evening, and he said, "Nobody, but two bird-catchers;" two people who had been catching birds, as he supposed—I have since seen my watch—it was shown to me at Walworth about a month ago—this is it (produced).
Cross-examined by MR. DALEY. (For Prosser). Q. What is the exact date when you lost it? A. I am not certain; it was on a Saturday—I should think it was on 20th October.
Meopham. Q. Do you remember positively whether I was at the court on the day in question? A. Yes; I remember seeing you within thirty minutes of missing my watch—I dare say I said when I missed it, "Oh, I thought I had my watch!"—I asked you some questions on the Monday—I did not see any hesitation on your part; you were so ready, that I suspected you—anybody else could have gone into the dressing-room without interruption, if they had been there—I am certain you did not leave the place before I missed my watch—I saw you directly after I took my coat down—I think I remember asking you whether you still worked at Mr. Prosser's, and whether you might be found there—I never noticed whether you shunned my presence or not.
COURT. Q. Were you and the other cadets frequently in Prosser's shop? A. Yes; he is a racket-seller; he sells racket-bats and balls.
MR. DALEY. Q. Did you go to Prosser's shop after you missed your watch? A. I have only been once to Prosser's shop in my life, and that
was about three mouth ago—it was about March—I sent a racket-bat down to be repaired-some of the other cadets went to Prosser's.
MR. GRESHAM. Q. Did you mention the suspicions that you had to Mr. Prosser? A. No; I mentioned it to the police.
THOMAS FOWLER . I am assistant to Mr. Warry, pawnbroker, of 14, Skinner-street—this gold watch was brought to our shop on 29th December last; I do not know by whom—the party who took it in has left—it was pawned for 5l. in the name of Mr. Prosser, Woolwich—I have the ticket here.
JAMES WILLIAM CROUCH (Police-sergeant). About five weeks ago, in consequence of information, I went to Mr. Prosser's shop, Wellington-street, "Woolwich, with another constable, Randall—I saw his Wife and Meopham—I got him away from the shop by telling him something about breaking a window—I then said, "We are police-officers, and we are going to take you in custody for stealing a gold hunting-watch from the racket-court at the Royal Academy, Woolwich, about six months ago, and you sold it to your master for 25s."—he said, "That I did not, he only gave me 10s. and a pair of boots for it"—I said," More shame for him, "and I then cautioned him, and told him that whatever he stated to me I should have to give in evidence against him—I then took him to the station—I had left a message with Mrs. Prosser, and about five hours afterwards Prosser came to the station—I said to him, "Mr. Prosser, I believe?—he said, "Yes"—I said, "I suppose you have come about the boy"—he said, "Yes"—I said, "He is charged with stealing a gold watch from the Academy six months ago, and you gave him half a sovereign and a pair of boots for it"—he said, "Yes, I did"—I said, "Where is the watch?"—he said, "I have got it"—I said, "No, you have not, it is pawned; where is the ticket?"—he said, "It is at home"—I said, "Well, I will go with you and get it"—we went to the house, and he told his wife to go up and get the ticket for that watch—I went up with her, and she gave me this ticket, with seven others—the date on the ticket is 29th December, 1862, at Mr. Warry's, 14, Skinner-street—I then returned to the station with Prosser, and confronted the prisoners with one another—I cautioned the boy first, and then said, "Is this your master?"—he said, "Yes"—I said, "Is this the person that you sold the watch to for half a sovereign and a pair of boots"—he said, "I have said enough, I shall not say any more"—I said to Prosser, "You hare beard what he says"—he said, "Yes; it is all right; I gave him half a sovereign and a pair of boots"—this is the watch.
Cross-examined. Q. Was there a person examined at the police-court in this matter of the name of Mr. John Purcell? A. There was; I took him there to be examined—I have not brought him here to day—I believe you have got him; he is here—I did not hear him prove that he had seen Mr. Prosser. wearing this watch openly for weeks and weeks—I was present when he was examined—he did not say that to my recollection; I will swear he did not—he told me that he had seen Meopham with the watch—I don't know whether he told the Magistrate so—Purcell told me that Meopham had offered to sell him this very watch.
Meopham. Q. Were not the first words you said to me, "You know what I want you for?" and I said, "No." A. Yes-you said at the station, before your master came down, that you stole the watch from the Academy; I stated that before the Magistrate, but it was not taken down.
Meopham's Defence. The prosecutor says that I was present when he missed his watch, and he said. "Oh. I thought I had my watch with me,
therefore that would throw a doubt as to whether he brought his watch there or not He mentioned the loss of his watch in my presence, but never noticed any change in me, nor did I shun his company. Crouch did not say when he took me, that he wanted me about the watch I stole, but about the watch I sold to my master. I had sold a watch to my master, but not that one, and I told him directly what he gave me for it. They were both asking me questions going to the station, and I could not answer them satisfactorily: whatever I said, I said before I was cautioned. You, will find nothing to connect me with the watch.
PROSSER received a good character.— NOT GUILTY .
MEOPHAM— GUILTY .*— Confined Twelve Months.
JACKSON PLEADED GUILTY .
JAMES ROBERT CHARLES (Policeman, R 182). On 5th June, about 3 o'clock in the morning, I was on duty in Cross-street, Woolwich, and saw the three prisoners—Bird and Smith immediately ran away, and I took Jackson into custody—I asked him what he had, and he put this jug on the pavement, and took these glasses from his pocket—I asked him where he got the things, and he said he found them—I then took him to the station—I saw the other two prisoners again at half-past 5, near the Arsenal gate, and took them into custody—I afterwards went to Mr. Graham's garden, to the refreshment-room, and found it had been opened and the property stolen—I saw some footprints in the garden, and afterwards took the boots of the three prisoners and compared them with the marks—Bird's and Jackson's corresponded exactly—there were marks of three or four persons, I think; but I could only identify the boots of Jackson and Bird.
COURT. Q. What is this place? A. A pleasure-garden—hundreds of people go there; but the place where these footmarks were, they were not allowed to go—I have the boots here—this is one of Bird's; it is very much worn, and the toe is turned up very much.
Bird. Jackson himself can swear I was not in his company. Smith. I was not there at the time; I saw Jackson before me with a glass and a jug in his hand.
JOHN BURDON GRAHAM . I am landlord of the Fountain Tavern, Woolwich—this jug and two glasses, and other articles, are my property; the glasses have my name, and the name of the house, upon them; they were in my bar in the garden at half-past 12 the night before—I had been all round to see everything safe—the value of them is about 3s.—some one had ate, drank, and destroyed, about six shillings-worth of property—some persons came in without paying—the prisoners were not amongst the people there the night before—I was the first person who saw the footprints; the public had no business there—there was a low fence which some one had jumped over to the bed where I had some mignonette.
Bird's Defence. Jackson can swear I was not there. I should like him examined.
Smith's Defence. I was not there.
I hare known Bird two years—he was not with me when I went and stole these things—I was afterwards coming straight down the turning, and they passed straight by me; they were not with me—I said, "Holloa, Jackson!"—he said, Holloa!"—I said, "Where have you been?" and they said they had just come from a brick-field—that was about an hour after I stole these things—I was by myself—I went round the back way, and through a hole in the hedge—Smith was not with me—I have seen Smith before, but I do not know him—I was fourteen the 8th of February—I have been convicted before—I had fourteen days for throwing stones, and twenty-one days for stealing pigeons, and one month for stealing a piece of bacon—that was last June—that is all—I was charged by myself, except with the pigeons; there were two more with me then, but not Bird or Smith.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. Have you been constantly with Bird? A. No, I have seen him round by the Arsenal station cleaning boots, several titles during the last two years—I know that he has been for the last twelve months in prison—Bird and Smith were just before me when the policeman took me—I was not walking with them—they walked round the corner—I never saw them run away—I did not tell them where I bad been.
SMITH— NOT GUILTY .
BIRD— GUILTY .
He was further charged with having hem before convicted of felony, at maid stone, on 8th February 1862, when he was sentenced to Twelve Months imprisonment; he PLEADED GUILTY.**— Five Years' Penal Servitude.
JACKSON— Confined Three Months, and Three Years in a Reformatory.
MR. RIBTON conducted the Prosecution.
HENRY ROBY . I carry on business at 4, High-street, Bow, and deal with Messrs. Soames—the prisoner used to call once a week for orders—on 22nd April, I paid him 10s. 9d.—this is the bill (produced)—I saw him receipt it.
JAMES SOAMES . I am a partner in the firm of Wilkie and Soames—the prisoner has been our traveller about twelve months—his duty was to get orders and collect money—he was to pay in money once a week, at least—he went on very regularly for some months, and in April he was away from the business—I think the last time I saw him was about a month before 27th May—he sent us several letters during that time, and sent addresses—the last letter is dated 8th May, this is it (produced)—he says at the end, after giving a list of parties to whom we were to send, "Having been engaged on private business, is the reason I have not been to Greenwich"—I did not see him from that time till the 27th, when he came and delivered this lift (produced)—I don't think we received any communication from him—we wrote to him two or three times and received no answer—as soon as he came in on the 27th, he gave me this list, but said nothing—I asked him if he had collected those moneys, and he said "Yes,"—I then asked him if he had got the money, and he said "No,"—I asked him what he had done with it, and he said he had lost it at horse-racing; upon that I gave him into custody
—Mr. Roby is a customer of ours—we have not received a sum of 10s. 9d. t paid to the prisoner by him on 22nd April, or a sum of 7l. 14s. 6d., paid by Mr. Dean on 4th March, or a sum of 4l. 9s. 9d., received by him on 15th April from Mr. Jones—all the names you have mentioned are in the list the prisoner handed to me.
Cross-examined by MR. METCALFE. Q. Is there not ft letter dated 22nd April, about Mr. Roby's account? A. Yes, dated from Norfolk-street, Mile-end, where the prisoner lived—he says in that letter, that he has paid it—we should have received that on the 23rd—I believe the prisoner travels for Mr. Holdsworth, as well as for us—when he gets an order for soap, he sends it to us—he gets orders for other things, which he sends to other tradesmen—we did not engage him by salary for the whole year—we paid him according to the quantity of work he did—if he got no orders, he got no commission—we had no power to order him to go to Mr. A. or Mr. B. and get an order—his time was his own—his getting orders or not, was optional with him—these two letters of 15th and 20th May, are in my clerk's writing—they are not written by my direction—I have not seen them they are written by the direction of my brother, who attends to the books, to ask the reason why he had not been to the factory, and in one we tell him that we had had a letter from a customer, asking why we had not sent some soap ordered a fortnight before—his customers were kept separate from the other customers—it was his own connection amongst whom he got orders, if he thought proper, and sent them to us—he was bound to get the money from the person to whom we supplied the goods, for us—we never sent another person to collect his accounts—he always collected them himself—that was the agreement when he was engaged—I think I was there with my brother when that agreement was made—he was to have a commission upon the soap sold and paid for—that was the arrangement—I don't think he had a large connection at that time—very little, I believe—we gave him 10s. a ton commission, no salary at all—a man can make a very good living upon that commission if he works—he always brought a list down with him, ready made out generally, I believe—any books he had were his own, we did not supply him with any—we kept an account of the goods that went out, and the moneys owing to us; and accounts were rendered to the prisoner weekly, upon small slips, of the money owing to us from customers—he was not responsible for the orders—he did not tell me, that if we waited, we should have the money—he did not give me to understand that there was any probability of his making up the money—he said nothing to me about it, or in my presence.
MR. RIBTON. Q. Was the prisoner in the habit of coming daily to your place. A. No, once a week, that was the understanding—he communicated with us by letter, and sent the orders which he had obtained, and came once a week, generally on the Monday, to pay in the money he had collected the week before; and then on the Monday, he would receive the slips, with an account of the money he had to collect in the coming week.
MR. METCALFE submitted that there was no case to go to the jury, for two reasons; first, that the prisoner was not a clerk or servant within the meaning of the Act; and secondly, that there was not a sufficient embezzlement proved by the evidence. As to the first point he referred to the case of Reg. v. May, 8th Cox Crim. Cases, page 421. As to the second point, he submitted that, although the prisoner did not pay over the money, there was no concealment, and he only held the cash for the prosecutor; and that the mere non-payment of it at once was not sufficient to constitute embezzlement. MR. RIBTON contended that the
prisoner was as much a clerk or servant, as the prisoner in the case of Reg. v. Tite, Cox's Crim. Cases, page 458; when the offence was held to be within the Act, and that this case differed from Beg. v. May, as in that case, the connection between the parties was of the very slightest character, they only communicating with each other by letter. THE COURT considered that there was no evident upon which the Jury could find that the prisoner was a clerk or servant, and directed a verdict of
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
847. ROBERT JOYCE (30), PLEADED GUILTY to a robbery with violence, on Louisa Ann Thurlow, and stealing a chain, a puree, an eye-glass, and 3s., her property; also to a like robbery on Eliza Annie Brooks; also to a robbery on Harriet Smithers, and stealing a purse, and 1s. 6d.; also to a like robbery on Mary Ann Taylor, and to an assault with intent to rob Jane Dorothea Bartlet; after a previous conviction for felony.
Ten Years' penal servitude ,
Before Mr. Common Serjeant
MR. LANGFORD conducted the Prosecution.
CATHERINE BROCKET . I am the wife of Thomas Brocket, of 14, Little East-place, Lambeth—on the night of 14th May, about 4 o'clock, I was in bed, and heard the latch of the door opened—there was a latch and a spring-lock—I don't know how the door was opened—my son told me he fastened it the night before—it could be opened from the outside, if the lock was not forward—my husband and I got up, came down stairs, and saw the prisoner in the room—my husband asked her what she wanted, and who she was—she said, "Old Mrs. Donovan; give me a match, old neighbour"—he refused to give it her, and told her to leave the house, and she went.
COURT. Q. Has your house only two rooms? A. That is all—the door I speak of leads from the street into the home—the prisoner appeared as if she had been drinking the night before.
NOT GUILTY .
NOT GUILTY .
MR. WAY conducted the Prosecution.
GEORGE SMITH . I am assistant to Mr. Sprunt, a pawnbroker, at 80, Paradise-street, Rotherhithe—on 5th June, at a quarter before 9 in the morning, I was in the shop behind the counter, and heard a smash of glass—I looked, and saw the prisoner's hand seize a watch and take it off a hook from the window—I immediately rushed round the counter after him—when
I got outride the door he was running about twelve yards ahead—I then saw the policeman, M 115, cross the road and seize him by the collar—I beard the prisoner say, "I've done it," and saw him throw something away over the constable's shoulder—the constable pointed where it was, and I picked up this watch (produced)—it is Mr. Sprunt's property, and is the watch that was hanging in the window when I heard the smash.
JOHN DOCKERILL (Policeman, M 115), On the morning of 6th June, I was going up Paradise-street, and saw the prisoner standing at Mr. Sprunt's window—he shoved his hand through, and pulled something out and ran away—I ran after him, and as I caught him he flung something over my shoulder—I saw the last witness go and pick up a watch—the prisoner said be had done it, but he could not help it.
Prisoner's Defence. I have nothing to say. I was hard up and out of work, and I wanted to get some money.
GUILTY — Confined Twelve Months.
ELIZABETH WRIGHT . I am the wife of Richard Wright, who keeps the Queen's Tavern, Putney—on Friday, 22d May, a little before 1 o'clock, Revell came and asked for half a pint of beer, which came to 1d.—he gave me a bad florin—I asked him if he knew it was bad, he said no, and gave me a good one—he said he took the bad one at Chelsea, and wanted it back, but I refused, and bent it in two places—Mr. Lewis came in while the prisoner was there, and I showed it to him, but did not lose sight of it—I put it in my pocket, and gave it to my husband when he came home.
DANIEL LEWIS . I am a baker—on 22d May I was delivering bread at Mr. Wright's, and saw Revell at the bar—a florin was put into my hand, and I pronounced it to be bad—Revell said that he got it at the Compasses at Chelsea, where the omnibuses stop, where he changed a half-sovereign—I walked with him a little way—he said it was very hard for a poor man to lose a two-shilling piece like that—I followed a little in the rear, to see whether he went into my shop, and saw another man by his side in a blue guernsey—I believe that to be Woodhouse—I suspected that it was not all right, and sent my son to follow with the horse and cart—I saw Revell putting something into his pocket after he left the house.
Woodhouse. Q. Are you sure it was me? A. I cannot tell by your fact, but your dress is very unusual in that neighbourhood.
CHARLES LEWIS . I am a son of the last witness—on 22d May he called my attention to Revell, who went along the Richmond-road, and was joined by Woodhouse—they stood still and talked, and Woodhouse held out his hand to Revell, but I did not see it, as his back was towards me—Revell was against the palings.
ELIZABETH MARTIN . I am the wife of Mr. Martin, who keeps the Rose and Crown, Wimbledon—on 2d May, about half-past 2, Woodhouse came for a pint of fourpenny half-and-half—he gave me a florin—I put it in the till, and gave him change—he drank the beer and left—I felt suspicious, went to the till immediately, and found only one florin there, which was bad—I marked it and put it away on a shelf—I went to the door to look after Woodhouse, but could not see him—shortly afterwards, Revell came for a pint of half and half—ho gave me a florin, which I at once saw was bad—I
broke it in the detector—I said, "This is bad"—he said, "Is it? I am very sorry; give it me back; I got it at Chelsea; I am known there, and can get it changed"—I returned it to him—he paid me with a good florin, and left—I pointed him out to my father, and described Woodhouse to him—they were taken in custody the same afternoon—I gave the first florin I received to the constable.
EDWARD DOSSETT . I am potman to Mr. Martin—Mr. Martin pointed out Revell to me, and described another man—I met a constable at the top of Wimbledon-hill—I saw the prisoners both going the same way—Woodhouse was fifty yards ahead of Revell, who stopped on the railway bridge a minute or two, and then went in the same direction as Woodhouse—the constable stopped Revell and left him in my care—Mr. Price, who was near, called my attention to something—he then got into a ditch, pulled out the half of a florin, and said in Revell's presence, "I say, Dossett, I Raw this man throw this into the ditch"—Revell made no answer—I afterwards saw him put his hand in his pocket, draw it out, and put it behind him—I saw something go from him like a very small piece, but could not find out what it was—I gave this broken florin to the constable.
Revell. Q. How far were you from me? A. Five or six yards.
Woodhouse. Q. Did you ever see me in conversation with him? A. No.
JAMES PRICE . I am a coal-merchant of Wimbledon—on the afternoon of 22d May I saw the constable and Dossett—I afterwards saw Revell throw some money into the ditch, and saw it shine as it went in—I picked up the piece (produced), and handed it to Dossett—I then saw Revell jerk his hand as if he threw something small among a lot of nettles and bushes—I afterwards saw the constable come back with Woodhouse.
Revell. Q. How far were you from me? A. Five or six yards—what you threw away was very small, and was probably a portion of this coin.
ROBERT STEPHENS (Policeman, 215 V). On 22d May, between 3 and 4 o'clock in the afternoon, I saw Woodhouse sitting on a post on Wimbledon-hill, and Revell coming down towards him—they were about 100 yards apart—I saw Dossett about 150 yards behind Revell, coming towards him—after that I saw the prisoners very close together at the railway-arch—Wood-house met Revell, and then went towards Merton—I went after him, stopped him, and asked him if he had been up at the Rose and Crown having refreshment—he said, "I do not know; I have been somewhere, I do not know where"—I asked him if he had any bad money—he said not that he was aware of—I said that Mrs. Martin charged him with stealing money from her house—I received this broken florin from Dossett—I took the prisoners to the station—1l. 6d. was found on Woodhouse, in silver, and 10d. in copper; and on Revell, 12s. 3d. in silver, and 1¼d. in copper—Mrs. Martin and Mr. Wright gave me these two counterfeit florins—the prisoners were about six yards apart when they were taken.
WILLIAM WEBSTER . These three coins are bad, and from the same mould, Revell's Defence. I changed half a sovereign where the omnibus stopped, and got four florins and other money. I did not know they were bad. I never saw Woodhouse before. I saw somebody a long way from me, but cannot say who it was.
Woodhouse's Defence. I came up from Hull, and changed a half-sovereign at a public-house near the New Cattle-market. I paid a florin for some beer in Wands worth; the landlady looked at it, and gave me change. I left the house, and sat on a post, lighting my pipe, when the policeman came up. I should not have stopped there if I had known it was bad coin.
GUILTY .— Confined Twelve Months each.
SAMUEL JAMES CADMAN . I am a shipwright, of Charlotte-row, Rotherhithe—the deceased William John Stephens, was my brother-in-law; he was a shipwright, and about thirty years of age—on Monday evening, 18th May, we went together to Peckham to visit two sisters of mine, who are both in service in the same house—I took a parcel to them, and got there about 9 o'clock—the deceased left me there, and said he would wait for me at the Heaton Arms public-house—I joined him there at half-post 9, and we remained there till about ten minutes to 12—we had two pints of half and half and a quartern of gin between us and the landlord, and just as we were leaving we had another drop of gin, half a pint between five of us—we did not have it with water—the deceased and I were sober when we left, we went towards Rye-lane towards home—after leaving the public-house we bad just got into the middle of the roadway when we saw two men coming towards us, one on the roadway and the other on the footpath; the man in the middle of the road, who was apparently drunk, reeled between me and the deceased, who put his arm up in this manner, pushed the man away, and said, "What is your game?"—he had no sooner done so than the prisoner came off the footpath and struck the deceased with his fist on the right side of the head, somewhere close behind the ear—I did not see any weapon in his hand—the deceased reeled round with the force of the blow, and fell with his forehead on the kerb, face downwards—the kerbstone is about six inches above the road, the ordinary height—there is a sort of gutter outside it—when he was down—his head laid right on the footpath, and his body across the road—I could not say that his feet were one way or the other—the man who struck him came from the other footpath, where there is no kerb—he fell in a direction immediately away from the blow—he did not appear to save himself at all as the blow struck him; he fell like a piece of wood, and lay at full length, lifeless—I never saw him move after he fell—I said to the prisoner, "What did you do that for?"—he then struck at me, but I stepped back and avoided the blow—I then called "Police!" as loud as I could—the police answered me directly some distance off—I looked round and saw the prisoner and his companion standing about ten yards off—when they heard the police answer they ran off in the direction of the Rye—that was the last I saw of them at that time—a policeman came up and assisted me to take the deceased to the horse-trough, where I bathed his head with water, but it was of no use—I ran for a doctor, but he was not at home; I came back—we got the deceased into a cab and drove him to Dr. Griffiths, who pronounced him dead, and we took him to Camberwell workhouse—I saw no blood coming from the bruise; there were two slight scratches, as if done by a grit stone—I went to the station and gave a description of the two men, and then went with the police in search of them—we went over the Rye into some garden-ground, and in a water-closet found the man who was apparently drunk in the road—I did not see the prisoner that night—the deceased gave the prisoner no provocation except pushing him on one side, and saying, "What is your game?"—I only saw one blow.
Cross-examined by MR. LILLEY. Q. Had you on the same clothes that you have to-day? A. No; I had a white hat, a pair of black trousers, a dark brown coat and this waistcoat—Stephens was sober—I did not button up my coat and have a round with the prisoner, nor did Stephens—he had nothing like a fight or scuffle with him or the other man—a strange man came up just as we got the body to the horse-trough—I do not think he was there
before, because I looked round to see if there was anybody—I did not come out singing, nor did Stephens—I never heard him sing in my life.
THOMAS WHITE (Policeman, P 295). I was at Epsom Downs on 21st May, and from information I received, I took the prisoner there—I cautioned him, and told him he was charged with causing the death of a man at Peckham on Monday night—he said that he was coming from the beer-shop, with a man named Upston, when they met two other men coming from the Heaton Arms, who interfered with them—he said, "I had a round or two with one, the other one came to interfere; I pushed him, and he fell down; I then left and went away; that is all I know about it"—I took him to Peckham.
Cross-examined. Q. Were you on duty during the races? A. Yes.
Cross-examined. Q. Have you known Bampton some time? A. About six weeks, I only opened the house on 24th April—I do not know where he lives.
CHARLES HAMMERTON . I am coachman at Napier Lodge, Rye-lane—I know the Heaton Arms and the Little Wonder beer-house—the Heaton Arms is exactly opposite my window, and I can also see the Little Wonder—there is fifty yards between the two—on 18th May, about 12 at night, I was at my window which looks into the street, and saw two men come out of the Heaton Arms—one of them was singing, and two men came out of the Little Wonder—they met each other, and were calling to one another in a friendly manner like, "Yah, hoo," or something like that—they came along towards my window, which is on the side with the pavement—I saw Upston go back again—he like passed them and then returned, and there were some slight words between them; with that I saw another person come up dressed In light clothes—he spoke a few words to the others, I could not hear what, but I could hear talking, and there was fighting—a few minutes afterwards I heard Upston say, "Not two to one; that is not fair"—with that, knowing Upston, I went down to my door, with the intention of persuading him to go home—I met him and the person in white clothes, who I recognise an the prisoner—I knew him before, and be said, "Don't know me Charley"—I said, "why do not you go home?" and with that they ran down the lane, not towards the Rye, but a private lane adjoining my house—my door is on the side—at that time I saw something like a person sitting, and a person standing, on the pavement—I only saw four men—it was after Bampton left the pavement that the fighting took place.
Cross-examined. Q. Were the men that came out of the Heaton Arms both dressed in dark clothes? A. Yes; there is a back way to the house on the Rye; you come out by the White Horse—they can get down my lane to the Rye—I have lived there four years, and may have known the prisoner and his father living on the Rye the whole of that time—he is a decent, quiet, well-conducted man, as far as I know, but he had a fight at one time in a field adjoining our place—I was not present—it was not a prize-fight—he struck a man there—I have never drunk with him—when the men came out of the Heaton Arms one of them was singing—the man in dark clothes was fighting with the one in light clothes—I said to the prisoner, "Why do not you go home?"—I could not distinguish the persons from my window, except that they had light clothes on—Upston was very drunk, but he ran—he was discharged by the Magistrate.
MR. HAWTHORNE. Q. Before they ran away had you heard anybody call
"Police"? A. No; Bampton was fighting with a man in light clothes—I could see their forms, fighting and struggling—I heard a hat fall, and then I thought I heard a man fall—the road is rather wide there—I could not see the man on the pavement from my window—it was on the same side as my house—I did not see the man knocked down—the fighting lasted several minutes—I cannot say whether it was all on one side.
COURT. Q. How far from the door of the Heaton Arms did this happen? A. About thirty yards, or something like that; it was more on the left—I cannot say whether the two men who left the Heaton Arms were arm-in-arm—they were in the road—I could not see the one who was apparently drunk, reel between the other two; the drunken man was the nearest to me; they had just passed my window—the Heaton Arms stands back from the road twenty yards, and they were about thirty yards from the Heaton Arms, rather better than half-way—I did not see the blow struck which knocked the deceased down, nor could I see him distinctly when he was down—what took place had the appearance of fighting, thirty yards off in the night—it was about twenty yards from my window.
MR. HAWTHORNE. Q. Have you known the man to be in other fights besides the one you have mentioned? A. No, I have not.
JOHN THOMAS GRIFFITHS , M.D. I am a surgeon, residing at Fulham—on Monday night, 18th May, or rather, Tuesday morning, at a quarter to 1, I was called to see a man in a cab—he had a large bruise, the size of half an ordinary orange, on the centre of his forehead, and there were abrasions on the bridge and apex of his nose, and on his lip and chin—they might have arisen from a fall on a kerb-stone, or some hard substance—he was quite cold—I gave my opinion that he had been dead full half an hour, and ordered him to be sent to the workhouse—an inquest was held; and, by the Coroner's direction, I made a post mortem examination—I found blood extravasated between the skin and the frontal bone under where the bruise existed; and on removing the upper part of the skull, and examining it from within, I found the frontal bone fractured, split through vertically downwards at the internal angle of the left orbit, through the roof of the left orbit as far as the centre of the base of the brain—it was a very extensive fracture as regards its length—it extended almost directly backwards to the back of the skull, to the sphenoid bone—I do not think that would kill him at once—I think he died from the shock to the brain; he died from concussion of the brain, produced by the force which produced the fracture—the force would cause great concussion of the brain, which would produce immediate insensibility—this fracture might have been caused by a fall on a kerb-stone—I should judge from what I saw, that the man died without an effort to save himself—a blow struck with great violence behind the ear, might disable a man on the instant, fell him, and he might be utterly unable to help himself—supposing he fell from his feet to the pavement without any external violence, it would not be very likely to produce such an extensive fracture as that—I am not prepared to say that behind the ear is the most dangerous place in which a man could be struck; the bone is rather harder there; but if you go a little above, the bone is thinner, and you would have a greater concussion—I am not prepared to say that a heavy blow behind the ear is more likely to cause concussion than any other part, or to point to any particular part of the head where a blow would produce the most effect—I found the other organs healthy—he was a healthy man.
Cross-examined. Q. Do I understand you to say, that you conclude from
what you saw, that the injuries were the result of a fall on a hard substance rather than from a blow? A. I do.
JURY. Q. Did you find any bruise behind the ear where, the man might have been struck? A. I found a small bruise about two inches behind the ear.
MR. LILLEY. Q. In your judgment, was that the mark of a blow which might have had the effect of stunning a man? A. No; it was not sufficiently extensive to make me believe, unless he had fallen and struck his head first, that he would be insensible; although it might make him reel half round, I do not believe it would have produced sufficient concussion to make him instantly insensible—I put my nose to his face; but as he had been washed, there was no evidence that he had been taking liquor.
The prisoner's statement before the Magistrate was here read as follow:
" We came out of the Little Wonder singing, and these two were singing, they said, 'Go along, you are two b—s.' We went back, and asked them what they meant, and Cadman buttoned up his coat, and pretty nearly pushed me down. I went up to him, and we sparred, and he and I had two or three rounds in the road; Cadman and I. We were hugging each other against the wall, and Stephens was coming up. I pushed him, and he reeled against the wall, and down he fell. My head began bleeding, and then I went away.
I have bumps on my head now. I met two or three chaps who were going to Epsom, and I went on the road."
The prisoner received a good character.
GUILTY .— Confined Eighteen Months.
Before Mr. Baron Bramwell.
MESSRS. LAXTON and KNIGHT conducted the Prosecution.
THOMAS HOOTON . I am a plasterer, and live at 3, Canterbury-grove, Lower Norwood—on Saturday, 9th May, between 9 and 10 o'clock, I was sitting on a form outside the Horns tavern, along with Bunn—I saw the prisoner come outside, and say to Dixon, "You must be a s—b—"—Dixon turned round directly, and said, "You are a b—s—b—"—the prisoner said, "If you call me that again I will ring your nose"—Dixon repeated those words—with that the prisoner walked from the step of the door where he was standing towards Dixon; they closed, and fell together, and rolled over two or three times in the road—they both got up again—a man named Waller tried to stop it; and the prisoner said if he interfered he would serve him the same, and he had a tussle with him, and, I believe, struck him—he then turned round to Dixon again to renew the fight, and Dixon fell—I did not see whether he got up again; I remained sitting on the form; I saw Dixon taken away; I do not know whether he was sensible; I was not near him—I do not know that he had anything under his arm—I saw a saw picked up after he had fallen.
Cross-examined by MR. SLEIGH. Q. Did you observe that, immediately after the men fell and got up again, the prisoner's hands were all over blood? A. After it was all over his hands were bloody—I saw a man pick up the saw, close to the spot where they had been rolling about—I did not see Dixon take hold of the prisoner's collar and shake him—the whole affair did not last more than four or five minutes—there was a piece of wood or post there, and I believe Dixon fell against that; there was blood on it next morning—the blows they struck each other were about the same.
MR. LAXTON. Q. What caused Dixon to fall against the piece of wood? A. The blows, I suppose; I saw him fall.
JOSEPH WELLER . I am a fly-driver, and live at Connor-road, Brixton-hill—on the evening of 9th May I was at the Horns tavern—I saw Dixon there; he had a saw in one hand and a piece of pork—I did not hear the prisoner say anything to him, but I turned round and saw them scuffling together, and they fell—I stood in between them, and parted them—the prisoner said to me, "Joe, will you stand in front of me when the man has struck me with a saw?"—I said, "I don't know anything about that; I have not seen it"—he said, "If you don't get out of the way I will hit you"—I said, "Would you take advantage of a man when he has got his hands full?"—with that I received a blow from him, and was knocked down by the side of the deceased.
Cross-examined. Q. Did you see the blow struck with the saw? A. No; I did not notice that the prisoner's hands were bloody after the scuffle, I was attending to the deceased; I remained with him till he died—he got a blow after I was struck—it was my hands that were full.
WILLIAM BANN . I am a bricklayer at Norwood—on Saturday, 9th May, between 9 and 10 in the evening, I was outside the Horns—I heard Dixon say to the prisoner, "You are a b—s—b—"—the prisoner said, "If you repeat that again I will ring your nose"—he did repeat it, and the prisoner came towards him, when Dixon put a short saw that he had in his hand to the prisoner's chest—they closed in a struggle, and rolled down in the road; I believe the saw was struck down—they scuffled, and got further away from where I was sitting—I did not get up—I saw them get together again; I saw Weller between them separating them—I saw Dixon fall—I saw no blow struck.
Cross-examined. Q. Was the deceased a sober man? A. I never knew him to be otherwise—I knew them both, and knew no harm of either—this happened outside the public-house; I had not been inside—the blow with the saw was a push with his right hand at the prisoner's chest—I did not see blood immediately flow from the prisoner; I saw blood afterwards—Dixon fell very soon after Weller got between them—it did not last above four minutes altogether—I saw Dixon fall; there was a post there; I can't say that he fell through stumbling against the post; I think it must have been that, but I was not near enough to see—I have known the prisoner from a lad—he always bore the character of a peaceable, well-conducted man.
JOHN CHAPMAN . I am a surgeon at Lower Norwood—I was called in to make a post mortem examination of the deceased—I found a fracture on the right side of the skull, by which a large triangular piece of bone had been displaced; under that bone, a blood-vessel had been ruptured, and a large quantity of blood was thrown out on the skull; on the opposite side of the skull a blood-vessel had also been ruptured, and a quantity of blood was effused on the surface of the brain there, of which injuries he died—the fracture extended to the base of the skull.
Cross-examined. Q. The fracture probably was caused by his head coming in contact with some hard substance? A. No doubt of it; it was not the result of a blow with a fist; that is quite impossible—it would require some force—the force of a fall might have done it—his own weight in falling would be quite sufficient to account for it.
Jury to JOSEPH WELLER. Q. Did you see any blow given to Dixon after the one you got? A. No; but he was standing behind me at the time I got the blow—I was knocked down, and when I recovered myself he was
lying at my side; I suppose he must have been knocked down; I did not see him knocked down—I could not have knocked him down in falling; I cannot say that he did not stumble over something.
The prisoner received a good character.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. COLLIER and WEST conducted the Prosecution.
EDWARD YOUNG (Police-inspector, L). On Saturday, 25th May, I went to the prisoner's house—he keeps a general-dealer's shop, containing ropes and old metal of different descriptions—his name was not over the door—I found him at a public-house close by, and asked him if he had sold any copper bolts to Israel, who was with me—he said he had—I asked him how he became possessed of them; he said he bought them of a man named Morgan—I asked him if he had any in his possession—he said that he had not—I took him to Redcross-street, where he described Morgan to live, and asked Morgan if he had sold Green any copper bolts; he said he had not—Green said, "You sold me some to-day, and some yesterday"—I said, "You told me previously that you had not any more"—he said, "They are now behind the counter, part of them"—I said, "You told me you had no bolts"—he said, "You asked me the question, but I made no answer to it"—I took him to the station, and then went and searched his house, and found 6¼ lbs. of copper bolts (produced), marked with the broad arrow, but the marks have been effaced from some of them—they were part behind the counter and part in an adjoining room—I searched the house, and found a room fastened with a padlock—I did not go into it, but returned to the station, and the prisoner was searched by Serjeant Hart in my presence, and a key was handed to me—I asked him if the back room with, the padlock on it was his room—he said, "Yes"—I asked him to show me which key opened that door, and he pointed out the key—Sergeant Hart then went to the house, and brought me some metal of the same description as this—what Hart found is all in this bag—I asked the prisoner if he kept a book; he said no, he did not consider it necessary, as he was not a marine-store dealer—I said, "You are dealing in copper bolts; what do you call those but marine-stores?"—he said he did not consider he had any right to keep a book—on the following Thursday I went to Messrs. Bowes, wholesale dealers in marine-stores, and rag merchants, in Newington—I received 29 lbs. of metal there, 24 lbs. of which was stated to have been sold by Green—I found 11 3/4 lbs. of it which is marked with the broad arrow—I should say that 3 1/2 lbs. out of the 17 lbs. found in East-street was marked—there is marked metal in the lot found behind the counter, and in the lot in the padlocked room, and the remainder of it is defaced.
Cross-examined by MR. PATER. Q. How came you to go to Messrs. Bowes? A. From information I received—I had been making inquiries about this metal from Friday, the 22d—I do not know a man named Cole; I know Payne, a brass-founder, of 199, Waterloo-road—5 lbs. 8 oz. of this metal was found in his hands, which he said he had purchased of a man named Davies—I was at the police-court when the charge was heard—Morgan was in Court, and I was present when the prisoner pointed him out as the person whom he obtained this copper of—the prisoner never told me that he never bought metal at a shop, but always at a dealer's, and sold it at a small profit.
MR. WEST. Q. Was the 5 lbs. at Payne's any portion of what you have produced? A. Yes, a portion of it; but it was all tied up separately—it does not form any part of the quantities I spoke of before.
RICHARD HART (Police-sergeant, L 1). I was with Inspector Young when he took Green, and was present when a key was found on him—I took this key to his house, opened a padlocked room, which was the kitchen, and in a drawer found 10 1/2 lbs. of bolts, which have all been cut short—some of them are marked, and in others you can see that the mark has been defaced—here are one or two without marks—I gave them to Mr. Young—I did not speak to the prisoner.
Cross-examined. Q. Did he not say that he went about collecting metal from different shops? A. Not to me—I heard him say so to the inspector.
JOHN CHEEK . I am a fellow-servant of Sullivan's—I cannot see him here now—we both live with Messrs. Bowes, rag and bottle merchant, of Newington-causeway—the prisoner need to bring different kinds of old metal to us—he was at my master's place on a Saturday towards the end of last month—I did not see what he brought; I had only half a sight of some copper which was there, as I was very busy—he said nothing to me, but the weight of the copper, 24 lbs. at 8d. a lb. was called out to me—I booked it, and paid the prisoner 16s. 6d. for it half an hour afterwards—I have not the book here, one of the principals was there—the copper was put away by itself, I believe, and Green left the shop—the police came three or four days afterwards and look away the copper.
Cross-examined. Q. Who received it? A. This Sullivan—Mr. Alfred Bowes was present; he would have refused it if he had seen it, but he was engaged with three or four gentlemen, and was very busy—if it had been me I should have refused it—I have been there five years—I have seen Sullivan here this morning—the ordinary price of old copper is 8d. lb.
CHARLES WILLAMS BROWN . I am a clerk in the store-keeper's department of Deptford Dockyard—these 6 lbs. of copper bolts, found at the prisoner's house, have the broad arrow on them, and are the property of the Queen, as are these also, which have the marks defaced—the defacing is at the same distances down the bolt as the mark of the arrow usually is—this one (a larger one than the rest) does not appear to be to the Queen's—those which come from Bowes have the Queen's mark on them, and on the greater part of them I see symptoms of the mark being defaced—the value of them is 1l. 19s. 5d.—copper bolts are never sold from the dockyard; when too old to be used, they are sent to Chatham to be melted down and remanufactured.
Cross-examined. Q. Are old vessels never sold with the bolts in them? A. Vessels are sold, but the copper is not sold with the timber; the copper bolt is never sold out of the service—the vessels are bought, but not the bolts—persons are under a declaration to return them, and if they do not they are liable to be prosecuted—sometimes a great many old vessels are sold in the course of a year.
MR. COLLIER. Q. If you took the bolts out, would the vessels tumble to pieces? A. Yes; the purchaser is under a declaration to return old copper articles of every description into the government stores, and the government pay him 1d. per lb. more than he can get outside as an inducement to return it.
THOMAS SULLIVAN . I am in Messrs. Bowes's service—I have known Green since I have been, there, and have weighed old metal for him, and called it out to the clerk—on 23d May he brought some copper in a small bag, and turned it into the scale; it was bolts, and there might be a little
other with it—I saw that it was knocked about and damaged, but I have no looking over metal—I saw it weighed, there was 24 lbs. to the best of my belief—Green told me that I had kept him, and that I was hindering him from his day's work—I said that we were very busy, and that Mr. Davis, being of the Jewish persuasion, was not there on Saturdays—Green said, "Show it to your master," and I took a bolt out, showed it to the clerk, my master being engaged with three gentlemen—I did not show it to him—Green waited a quarter of an hour or twenty minutes—I did not see him paid—the copper was laid aside in a piece of rag, and put into a washing copper to keep it in small compass—Young came and took it away on 28th May.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the Jury on account of his age.— Confined Four Months.
MESSRS. SLEIGH, ORRIDGE, and HAWTHORNE conducted the Prosecution.
SOPHIA LEVY . I am a widow, and reside at 7, Stock well-place, Stockwell—I know Mary Ann Newton, she was my cook—she was in my service four years and three months nearly—she left my house in February last—I think it was on the Saturday the 21st—I did not find out the robbery till 14th March—she asked my leave to go and see her sick mother down at Yarmouth—she said she had had a letter saying that her mother was dangerously ill, almost dying, and that she was always crying for "Mary Ann"—she was away for three weeks—I next saw her on the Wednesday following, the 14th March, on that day I missed 50l. in notes, 2l. 10s. in gold, and all my trinkets, diamond rings, two gold chains, which Newton left the duplicates for, two gold rings, a gold eye-glass, and a purse—the notes were two tens, and the rest in 5l. notes—Newton was to come back the following Monday—she only went for two days, because I could not spare her longer—the money was taken from a drawer in my bed-room, which was looked—I can speak to that, and I found four false keys afterwards—I had seen the money safe a few weeks before the 21st, because I had it to buy some carpets for my house—I did not see it after Newton left—I kept the key of the drawer on my bunch of keys, which I kept in my pocket—I found some other keys in one of my drawers in my dressing-room—they were never mine—these are the keys (produced)—I have ascertained that one of them will open the drawer in my bed-room, in which I keep my money—this one will open the drawers in the wardrobe, in the dressing-room—some shirts were kept in that wardrobe—I missed them after I missed the money—I saw Newton at the police-court on 18th March; she gave herself up—previously to that the prisoner called upon me; I think it was on the Monday before—I first saw him, when he came to administer a prayer after the tea—that is nearly nine months back; in the winter time—it was quite dark, and I could not see him; it was before Christmas—my cook said it was customary to have a prayer after their tea, and would I have him up, and he came to my dining-room and prayed, and both the servants were there; that was the first time—I next saw him perhaps a fortnight afterwards, going down the stairs of my house, and I never saw him after that till Newton was taken in charge—when the detective was going after her, I said, "If you keep close to her, you will find Wycherley"—when he came to my house on the Monday, I said, "Oh, Mr. Wycherley, it is you, is it? I consider you are the rich uncle, and you know where Newton is"—I told him
Newton had said something about a rich uncle—he said he knew nothing it all about her—I said that she had robbed me of a great amount of money and other things, and that he had changed a note in the Borough—he said, "I changed a note in the Borough, but I never had a farthing of the money"—I wished to know where he had changed the note, and he went out of my dining-room directly—I never saw any more of him till the Wednesday following, two days after—he came into my dining-room, and I said, "Well, Mr. Wycherley, have you got Newton?" and he said, "Yes; she has given herself up," or rather, he said, "I was going to give her up if she had not"—I said, "I think you are concerned with Newton, and you ought to be given in charge"—I made a move as if I was going to touch the bell, and he went out of the room directly—he said nothing more then—there was no conversation upon that day about the money that I can remember—I remember a Mrs. Ballard's name being mentioned—that was on the Monday—I said to the prisoner, "You have been out with my cook, Newton, several times, to Mrs. Ballard's, and several times you have been walking out with her about the neighbourhood"—he said he went to do his duty, to administer the Gospel to Mrs. Ballard—I told him he knew where Newton was, and he said he would go out and try and find her—I did not ask him to find the money—I said he had got the money, I knew that—he said he had not; he knew nothing of any money, only that note he changed in the Borough—he did not say what sort of note it was—I did not see him after the Wednesday till he was taken in custody some two or three weeks afterwards—I have the numbers of the notes that were stolen, in my housekeeping-book—I have looked at these notes (produced) before, they are mine, and the numbers are the same as are entered in my housekeeping-book.
MR. OPPENHEIM. Q. Did you enter those numbers yourself? A. No, a friend of mine did for me in my presence, and then I compared the numbers—I called them over to my friend, and he put them down for me.
MR. HAWTHORNE. Q. Just tell me whether those are the notes you lost? A. Yes, there are two 10l. notes and six 5l. notes—they are all mine, and are the notes which were in the drawer—this shirt (produced) is all cut in pieces—it is very much like some that I missed, as regards the linen and the front of it, they are the same quality as mine—my shirts were marked with marking-cotton, which could be picked out—some of them were bought, and some made—I had had them in my possession a long time—my husband has been dead eight years, and I have had them all that time.
Cross-examined by MR. OPPENHEM (with Mr. M. Williams). Q. I believe Mary Ann Newton lived with you four years and a half? A. Nearly—I had a character with her from the mother of a little girl who lived with me—I certainly did not know that she was separated from her husband—I knew she was a married woman, and that her husband was in India—after she had been with me a short time she owed a bill, and she took a note of mine which I gave her to pay for the taxes—she came crying to me and said, "Oh, ma'am, I have done such a shocking thing; I have taken that note you gave me, and paid my debts with it"—I forgave her that, and she paid me out of her wages—she behaved very well indeed afterwards—I do not know when she became acquainted with the prisoner, but I think it was at a tea-meeting they had at the chapel about a twelvemonth from this time—Newton often spoke to me about her rich uncle after she knew Wycherley, not before—she was in the habit of going out very frequently to see this uncle—I always saw her go from my house, but never saw anybody
with her—she did not dress particularly smartly when she went out, not more than cooks do now-a-days; she wore a silk dress, and a bonnet with flowers in it—I do not know that when she went out on some occasions she enamelled her face; I think she had colour enough without that—once she went out, and she told me her face was enamelled; that was to her sister's wedding, I believe, and a ball after the wedding—I did not tell her she had better be enamelled before she went to the ball, certainly not—she told me that Mr. Wycherley preached the Gospel to her, and gave her very good advice; and I said, "Well, then, you cannot do better than keep with him, and he will do you good," not thinking he was going to mislead her—she asked me if I should like to hear how well he prayed, and I said, "I dare say I am wicked like most people, and I have no objection to hear him"—after I heard him pray, I did not like him—I did not give her permission to allow the prisoner to come there—I will swear that I did not know that he was in the habit of coming to my house—I never said, to my knowledge, that I did not care if Mr. Wycherley did take his tea and breakfast there, if Mary Newton paid for it—if she says I allowed him to take his meals there she tells an untruth—I had another servant, named Ann Smith—she is a witness—she always slept with me—she is my lady's-maid and housemaid—Newton slept up stairs in her own room—I never knew that she was in the habit of paying for certain provisions at my house—last Christmas I dined off a turkey—I gave Newton the money to buy me a fowl, but I did not have it, because she said her uncle had five turkeys, and he had had them made a present to her, and would I accept one, as they would spoil?—I said, "Yes," but I gave her a complement for it afterwards, and I bought the sausages—I do not know that the prisoner and Newton dined off the turkey—her father and sister visited at my house, and I allowed them to sleep there—her father and brother last visited the house about two years ago, not since then, and the sister about last summer—she slept there—when I saw the prisoner on the Monday, I think Mr. Narracot, who lodges at my house, was in the room—I told the prisoner then that Newton had robbed me before—she often had conversations with me about her rich uncle—she told me that she was going to employ the prisoner as his rent-collector, and give him 1l. a week—I, of course, believed at that time all about the rich uncle—I do not know that she spent a good deal of money then.
MR. HAWTHORNE. Q. When did she begin to talk about the rich uncle? A. After she became acquainted with the prisoner—she used to go to see him sometimes on the Monday, always on the Thursday, and Saturday, and Sunday—she regularly took those evenings to go and see the uncle—I was not aware at that time that the prisoner was in the habit of coming to my house—I was confined to my room with rheumatics, and when I got in a room I continued there—when I came down of a morning I never went up stairs again till I went up to bed—I used to go in the drawing-room sometimes, down stairs—Thursday night was one of the nights Mr. Wycherley officiated at his chapel—I do not know about Monday.
RICHARD ADYE BAILEY . I am in the Accountant-General's office in the Bank of England—I produce two 10l. notes; one is No. 22,924, and dated 22d October, 1860, and the other No. 60,075, 8th October, 1862—I have also three 5l. notes, dated 1st October, 1861, and numbered from 7,455 to 7,457, inclusive; also, one dated 1st April, 1861, No. 97,153; one of 13th October, 1862, No. 34,513; and another of the same date, No. 73,091—Mrs. Newton's name is written on the back of the 10l. note, of 8th
October, 1862—on the 5l. note, numbered 7,457, there is Mrs. Newton's and Mrs. Levy's names, and on almost all the others—on the 5l. note, 34,513, I find Mrs. Newton's name, and Mrs. Levy's, and "William Fr," the rest is torn off by the cancelling; on the 5l. note, No. 73,091, I find the name of Mr. Wycherley, and also the greater part of the name Wycherley a second time, part of the W and the rest of the name—there are several more names on this note, and some figures—there is 1863, which are the same figures as on note 34,514, in my judgment—this note with the name of Wycherley on it was paid into the London and Westminster Bank on 2d May—the one No. 34,513, which has part of Mr. Frost's name on it, William Fr, was paid in on 27th February—all the notes have since found their way into the Bank of England.
Cross-examined. Q. Has not the note 7,457 the name of the East of England Bank, Yarmouth, upon it? A. Yes, it has "Per post from East of England Bank, Yarmouth, to London and Westminster Bank"—the 10l. note, 60,075, has the name of Whitbread and Co. upon it, but that is Mrs. Levy's endorsement—there is Biddlecomb and Bowring—I do not know whether they are bankers or not, it may be a country bank—the other 10l. note has part of the name of the London and Westminster Bank upon it, I think, but it has nearly been destroyed by the cancelling—there is no other banker's name upon it.
MARY ANN NEWTON . I am married—my husband is abroad—I am now brought up here from prison, having been convicted of stealing the property of Mrs. Levy, at the last Surrey Assizes in the summer of last year—I was sentenced to eighteen months' imprisonment for stealing two 10l. notes and six 5l. notes, besides other things, the property of Mrs. Levy—I took the things—I had been in Mrs. Levy's service four years—I first knew the prisoner about fourteen months ago—I became acquainted with him at a tea-meeting at a Baptist chapel at Clapham Rise, up a small court—he spoke to me in the evening after tea—he merely wished me "Good evening" that day, as a friend of our minister's whose wife I was with—that was on a Tuesday, evening—on the Thursday following I saw him again—my mistress gave me leave to go to the same chapel, and I went; and at I was coming out, to my suprise, I met Mr. Wycherle—he had not been preaching—there were two of the members with me, and I said, "Oh, Mr. Wycherley, how is it you are down here?"—he said, "I was passing"—he walked up to my mistress's door with me—I again went to chapel on the Sunday evening, but did not see him then—on the Monday morning the bell rang; I went to the gate, and the prisoner was there—I asked him how he came to come so early, and he said he wanted me to lend him a little money if I had got it, as he was in great trouble—I went up stairs to get him a little I had saved out of my wages—he wanted me to lend him 15l., but I told him I was only a servant, and had not got it, I had 5l., and I went up stairs and fetched that, which was all I had, and gave it to him at the front gate—he never re-paid that 5l.—I lent him that about thirteen months ago, after seeing him twice—after that I frequently saw him—we used to meet each other out of an evening by appointment—we agreed with each other to meet—he would write a note—I don't know where he was preaching—he first began to visit me in the house six months before I left—the first time he came I told mistress—he was then preaching at our chapel, and I introduced him to mistress as my pastor—he had a six months' call at the chapel—mistress allowed him to come as a visitor-from that time until I went to Yarmouth he came frequently—after he had been a short time, he asked me if I could accommodate him with making him
a bed up in the kitchen, because his lodgings were so far off, and it was late, and me and my fellow-servant accommodated him—he slept a great many times in the bed—I did not tell my mistress anything about that—Ann Smith, the other servant, was quite a new servant—she had come very recently—the prisoner continued there, except on his preaching nights—he used to board in the kitchen, and sit down to meals with us—I was not feeding him on my mistress's property; I was paying for it; she did not know that he was always there—he used to wash up the glasses for us, when we asked him, and he has rubbed over the knives for us—one morning he was up stairs in my bed-room, and I and my fellow-servant were in my mistress's bed-room making the bed, and I said to my fellow-servant, "Shall I ask Mr. Wycherley to come and help me make this bed, while you dust the room?"—I did so, and he came and helped me, but only that once—I knew in the month of February where my mistress kept her money, a fortnight before I took it—I had some conversation with the prisoner about it—before I took the notes, I had taken the jewellery to lend Mr. Wycherley the money, with a promise that when the House of Parliament was open, he would return the money to get the things back again—I took three rings and two chains, and pawned them—the first ring I got 2l. 10s. upon, the second, 1l., one chain, 2l. 10s., the other, 1l., and another ring, 5s.—I lent that 7l. 5s. to Mr. Wycherley at different times, not altogether—when I took the things I gave him the money—when I lent him the 5l. I told him that I had got no more money, and he asked me if there was not anything of my mistress's that I could take to get some money on, if he promised to give me the money to get it back again, and I told him, "Yes," and then I took the jewellery, and pawned it—that was before the six months that he came and stopped—the property was never redeemed—the time was going on, and I was anxious about the jewellery, and I wanted the money to get it back again—it was proposed to me by Mr. Wycherley that I should take these notes—I said that mistress had got some notes in a drawer in her bed-room, but I could not take them as the drawer was locked—he said that I should find the drawer open, and on the Friday it was open, and I took them—that was a month before I took them—he asked me if I could not get the keys that undid the drawers, and I said, "No," I could not, I never had the keys, afterwards as I was in mistress's bed-room putting down the carpet the drawer came open as I lifted the drawers up—I took the notes out of a purse, and left the purse in the drawer—I then brought the notes down into the kitchen, and put them in the dresser drawer, and Mr. Wycherley was there—he asked mo to write my name on the notes I had taken, and to give him one—I did so, and gave him a 5l. note to pay his lodgings with—I wrote my name on one more note that day—I meant to say that I told him I had never had mistress's keys, but that on the Friday, when I went to do the bed-room, in tilting the drawers I found that the drawer containing the notes was open—before the notes were taken, we had arranged to go to Egypt, and I was to take the notes for my passage-money—I had told the prisoner where my husband was—the prisoner had been a missionary out in India he told me, and had seen my husband out there—that is why I took notice of Mr. Wycherley—the prisoner said that Mr. Green, the shipowner, would give him a passage out free, and I was to pay my passage out—the prisoner proposed Egypt, because he said it was a country where he thought I should be able to get work, and do well, and my mistress would never take the trouble, or go the expense of sending for me from there—he said I was to bring the notes down, and put them in the dresser-drawer, and not to say
to him that I had taken them—he was in the kitchen when I went up stairs, and he was standing by the kitchen fire when I came down and put the notes in the drawer-Ann Smith was dusting the dining-room at the time I took the notes—I took one note to a linen-drapers to pay for a small bill for a dress—I only gave one 5l. note to the prisoner—I also changed one 5l. note at Mr. Clement's, and got the whole change, and another at Mr. Summons's, the chemist's—I took one 10l. note to Yarmouth, and changed it there—I kept 15l., and the rest of the money I gave to Mr. Wycnerley—I did not know the number of the notes when I took them, but I wrote my name on the notes when I came down in the kitchen—I do not know what became of the Rest of the notes—I only know what became of three fives and one ten—I did not look in the dresser-drawer again after giving the prisoner a 5l. note—he stayed all that Thursday night after I gave him the note, he went out, and came in again about 7—he stayed all the next day Friday, except going out for a short time, and coming back again, and on the Saturday I went away to Yarmouth—when I came down on the Friday I wrote my name on the remainder of the notes, which were in the drawer, which was about three, and put one in my purse, one I took to Mr. Hunt, and one I put in Mr. Wycherley's desk on the dresser—this is the note I afterwards changed at the draper's—I don't know about the others—I did not throw them on the fire; I put them in the dresser-drawer—I found three there on the Friday, and one I had the day before—I did not know how many notes I took from my mistress—the prisoner did not give me any change out of the 5l. note I gave him—I never owed him 2l., or any money whatever—he has never given me, or lent me, a single sixpence the whole time I have known him—on the Saturday I got leave from my mistress to go and see my sick mother at Yarmouth-my mother was sick there-Mr. Wycherley went to the station with me, and saw me off—he took the ticket—it was paid for out of my purse—there was a 10l. note in the purse and 5l. in gold—I told him I was going to Yarmouth—he promissed down and meet me on the Sunday—I told him I had leave from my mistress till the Monday following, and he said that after his sermon in the evening he would take the train, and come down to Yarmouth—he did not come on the Sunday or the Monday, and on the Tuesday I left Yarmouth—he said on Saturday, if anything should occur that he could not come, he would send a telegraphic message, to know when I was coming, if I did not come on Monday and it came after I left-my sister received it—I left instructions with her what to do if one should come—this signature, Thomas E. Wyncherley," to this telegraphic message (produced) is the prisoner's writing.
MR. OPPENHEIM. Q. Did you ever see the prisoner write? A. Yes, many times, in the Kichen—he used to direct my letters for me—(Read: "International Telegraphic Office, Februrary 24th, 1863, sent from Shore-ditch Railway Station by Mr. Wycherley to Mrs. Newton, 143 Row, Goal-street, Great Yarmouth. 'Have you arrived safe? are you well? when do you return? return to Shoreditch; I am waiting, W.P. Shoreditch Station. Signature Thomas E. Wycherley.'"
ALFRED COOPER WOODWARD . I am engaged at the General Telegraph Office, Moorgate-street—the telegram which has been read would arrive in Yarmouth in the ordinary course, on the day it was despatched from London—it did arrive on the same day, and was immediately replied to—this is the reply—(Read: "Mrs. Newton, Yarmouth, to Mr. Wycherley, Shoreditch Station, London. Arrived safe; quite well; coming 2 o'clock train. Signature,
Mrs. Newton.")—This is ice duplicate receipt: "Signature of the receiver, Thomas E. Wycherley."
MART ANN NEWTON (continued). This receipt is in Mr. Wycherley's writing, and this name, "Wycherley," on this 5l. Note, No. 73,091, is also his writing—I arrived in London on Tuesday at ten minutes past 2 in the afternoon—I did not see the prisoner till I saw him at Tunbridge—I went on there as soon as I had taken a little refreshment the same day—I wrote to him about a week after I arrived at Tunbridge—I knew his address at his lodgings—I did not receive any letters from him in the meanwhile—I wrote to him to come, and he came—that was on the Tuesday, before I gave myself up—I wrote to him to meet me, as I was going to give myself up—I met him at the train, and shook hands with him—he asked me how I was, and told me that mistress had found out the robbery, and asked me whether I knew it—I said, "No"—he asked me whether I knew what my mistress accused me of taking—I said, "Yes, she could not accuse me of any more than what I took"—I then told him what I had taken, 3 rings, and 2 chains, and the notes—he said, "Annie, but you must swear to four more rings, and the money"—I said, "I shall not; I did not take them, and I will not swear to it"—he said he had taken 2l. 10s., and 4 rings; and had pawned the four rings in the Borough—I said, "You could not, because I locked mistress's door on the Friday, and gave her the key; you could not get in her room"—he then took the purse which I had left in the drawer, where the notes were, out of his pocket, and said, "Can you look me in the face, Annie, and say that you have lived there four years, and did not know that the key of your mistress's drawer, unlocked her bed-room door—I said, no, I had never tried it—he then asked me whether I intended to give my self up, as I had stated—they would be sure to send me to prison—I said I did not care, they could hang me, if they liked, I was so uncomfortable and wretched—he said, "Have you got any money about you, for they will take it away when you get to prison"—I said, "Yes," and I took my purse out of a bag I had on my arm, and gave him 10 sovereigns in gold, out of it—he promised to take care of it—I asked him particularly, if I went before the Magistrate, whether he would get me a lawyer, and he promised he would see me righted, and have a lawyer to speak for me—no lawyer did appear for me when I was taken—I slept at a coffee shop that night, and he slept at another—while the landlady was getting the tea ready, he said to me, "Annie, I have borrowed 4l. from one of the deacons c f the Chapel, so that if there is any suspicion about My having any money, I can say, I borrowed the money"—he also said, "For my Heavenly Father's sake, and for my daughter's sake, do not betray me, Annie"—we came up to London the next morning, and I accompanied him in a cab to the police-station—going to the station, I asked him to be sure and let me have a lawyer, and he said, "Would you like me to stand by your side, Annie, and bear half"—I said, "That is according to your conscience, if you feel as miserable as I do, you will"—we saw an officer at the station, and the prisoner said, "This lady wishes to give herself up" (I was too much troubled to hear exactly what was said,) and that he would go and tell Mrs. Levy—he came again to the station, two or three hours afterwards, and said to the Inspector, "Can I speak to Mrs. Newton, I want to speak privately to her," and I said, "If you have got anything to say, say it, and have done with it, for I have given myself up now, and I don't mind what you say; you can say what you have got to say before the officer—I declined to have any private interview with him,
And he kissed his band, bade me "Good day," and went away—the officer saw it.
Cross-examined by MR. OPPENHEIM. Q. Had you been in the habit of attending this Chapel before? A. Three years before—I introduced him to my mistress on the first occasion on which he came, and he said prayers in the drawing-room, on that occasion—he used to visit, after that, very frequently, and remain all day and sleep all night, and have his meals there—I sometimes told my mistress, that the prisoner had tea, or was going to have tea with them, and she made no objection—she said, that as my husband was away, he would keep me from getting into harm, and therefore she had no objection—I told her that I paid for his tea, and what he ate and drank—she said that she had no objection to that, if I paid for it—she saw him about two or three times—she knew the times that I told her he was there, but not other times—my fellow servant slept, with my mistress, and I slept upstairs—after I had been there about a year, my mistress did not give me a 5l. note to pay the taxes, nor did I use it to pay a bill—I deny that; I did not do it—I never went to her and asked her to forgive me, for so doing, nor did she say that she would—she never deducted the amount from my wages—I had never taken it—the first time I robbed her, was when I took the jewellery—that was nearly thirteen months before I took the notes, I should think—I knew Mr. Wycherley about fourteen months before I took the notes—I do not know at all when the tea meeting was—I do not know the month—up to this time, I have known him seventeen months altogether—I pawned the gold chains and diamond ring, in the Walworth-road, at Mr. Folkard's, and left the duplicate in Mrs. Levy's drawers, before I went to Yarmouth—I had some time before that told my mistress that I had a rich uncle—it might be two years from the present time—it was somewhere about the time that I went to the tea meeting—she used to ask me where I had been to—I was in the habit of going out very frequently, but more after I knew Wycherley—I used to go to Chapel on Sunday—I went to one ball only during the time I lived with Mrs. Levy; I will swear it was not more than one—I did not enamel myself; I used a little powder, that is all—I tried to look as well as the rest, as well as I could—I changed one note at Mr. Hunt's, a draper, at Stockwell; another at Mr. Simmons's, a chemist, in South Lambeth.; and another at Mr. Clement's, a baker, in Clapbam-road—I took a 10l. note to Yarmouth, not a 5l. note; the rest was in gold—I did not change a 5l. note at a linen-draper's shop at Yarmouth; I will swear I did not take one—I will swear I did not take this note (produced) to Yarmouth—I see on it, "Per post, East of England Bank, Yarmouth," and I swear I never changed it at Yarmouth; it was a 10l. note that I changed there—this is Mr. Wycherley's writing at the corner of this note 73,091—I never wrote Mr. Wycherley's name—I think I endorsed four notes—I signed my name Mrs.Newton—I did not give Wycherley a second 5l. note to go and change for me at Morris and Kelsey's, 248, Regent-street—I did not go out with the prisoner on that Thursday evening; he went to his preaching—I did not go with him to Morris and Kelsey's, in Regent-street; I will swear that; I never went with him to a shop in Regent-street—I went and changed the notes myself—I did not buy any clothes before I went to Yarmouth—I paid a bill at Mr. Hunt's for a dress that I had had some time before, that was all—in the year before I left my mistress I spent a good deal of money to buy grocery, and the bread and butter that Mr.Wycherley used to have—my wages were 10l. a-year—my rich uncle did not allow me anything—Mr.
wickedly was the rich uncle—I told untruths about that—I did not purchase a silk dress in February, or gloves, or any other articles, nor did Mr. Wycherley purchase them for me; he never bought me anything to wear—I did not spend anything in February for a Garibaldi jacket; I spent something for Rimmell's perfumery at Yarmouth, where I changed the 10l. note—I never sent any money to my father, mother, or sister, at Yarmouth—I never got a post-office order, or sent them any money by any means—I never sent any money over to my husband in India—the prisoner has never lent me a farthing since I have known him, and he knows it—on the first occasion that I came against him, I swore he lent me 2l.; I do not think it was mentioned on the second occasion—on my last examination I said it was an untruth—I knew I was on my oath on the first occasion—I was very miserable when I gave myself up; not penitent—I never said I was penitent—I never repented of it—I knew I had done wrong—I was miserable because I had taken mistress's money—I told a lie before the Magistrate at first to screen Mr. Wycherley—he asked me when I was in one cell and he was in another, a short distance from me, and we spoke to one another—there is an iron-door, and a small piece left open; we could hear one another talk—I was brought nap from the House of Correction and put into a cell until they were ready for me to go in to be examined—I then had a few words with Mr. Wycherley, till we heard some one unlock the door, and then we dropped the conversation—I never did anything with another 10l. note—I admit that I changed one at Yarmouth—I never denied that—I said directly I changed it at Yarmouth, and never denied it. MR. OPPENHEIM here put in the first deposition of the witness, of 14th April, which contained the words, "I did not change any 10l. note;" the two other depositions of 21st April and 29th April, were also put in by MR. OPPENHEIM, and read. I did not say anything about the contemplated journey to Egypt until I was examined a third time—I did not, on the first or second examination, say anything about these notes being put into the kitchen drawer, and that he was not to know it; or that we had planned at Tunbridge what I was to say—I did not mention some things on the first examination on purpose to excuse Mr. Wycherley—I mentioned about a doctors bill, and that I had borrowed money from him to pay it, on the first examination—I did owe a doctor's bill, but about borrowing from him was untrue—I did change a 10l. Note at Yarmouth, but at that time I did not know whether it was a five or a ten—I swore on the first examination that I had an uncle, named Parkinson, and so I have—I also said that I did not know how he came to know I was at Tunbridge—all the statements I made then about the prisoner were not true—it was planned between us that I should write my name on the notes, and I did so on all that there were there—the prisoner was present, Ann was doing the dining-room, and she came down into the kitchen at intervals—she was not there all the time—she was there when I wrote on some of the notes—I could not say how many—she might have seen me put my name on the notes—I never asked her whether she did—she came in for something, but I don't know what—no one was in the kitchen when I put my name on the notes, except the prisoner—I know Harry Smith—he is a friend of mine at Yarmouth—he was not at my mistresses' place on that day, I will swear that—he was not there during the time I took the notes—he did not see me mark any notes—he only came there once, and that was long before I took the notes—he was never in the kitchen after I committed the robbery—he was not in the kitchen one night when I took a note to the
Swan to change—I will swear he did not sleep in the kitchen that night—he never slept there—I will swear that—he was there to supper one night with me and Ann and Mr. Wycherley, and I let him out between 10 and 11 o'clock—that was a long time before I thought of robbing my mistress—Mr. Wycherley never slept up stairs—in the morning, when we came down, be used to be so tired lying on the chairs, he used to ask me whether he might go up and have a rest on the bed, before we made it, in our bed-room, and he used to do so—I have never said before to-day that I lent the prisoner 5l., and I have never said before that I pawned the rings and chains, and gave him the 7l. 5s., nor have I stated before what he said about the House of Parliament—I should have stated it before if I had been asked—the prisoner sent his writing-desk by a cabman, for me to take care of; the other servant took it in, I was out at the time—it was during the six months he was staying there—it was in the kitchen—sometimes it was locked, and sometimes not—I was to stock it with paper, but I had not done so—I have come here to-day to speak the truth, and whatever I say tee-day is truth—what I told the Magistrate on the first occasion was not true—I did not have any conversation with that gentleman (Mr. Chipperfield) after my first or second examination, only what passed in the Court—I answered his questions—I did not go to his office; I was in prison—I did not see any one in the police cell, except Mr. Wycherley—not before I went into the court, but afterwards I did, after I had been in the court on the third occasion—Mr. Chipperfield, I believe, and my sister, came up on that day—my husband has been in India nearly six. Years—I married him years before he enlisted for a soldier—I think I can say I have been married to him sixteen years, and he left me nearly seven years ago—I had children—they are not alive—I think I had my first child about eighteen months after I was married—no one was present when Wycherley spoke to me in the cell at the police-court—the second time there was, not the first—as I passed the box in which he was standing, he said, "Say you owe me 2l. 10s."—He moved his mouth the same as I have to him now—I knew by what ha said in the cell what he wanted me to say—when in the court he did not speak loud enough for me to hear, he merely moved his mouth and articulated "two pound"—I could see it was that—I did not hear the words "two pounds"—I lent the prisoner the first 5l. long before he came to the house, about two days after I met him at the meeting—I took the jewellery before he came to the house to stop—I pleaded guilty at Kennington—the officer ordered me to get ready to come, and of course I obeyed—I did not see any One before I went to the Magistrate; not at the goal—I did not at any time or place see any one and tell them what I knew about this case—when I was brought up before the Magistrate I told a story—the prisoner was at that time in the dock charged with receiving a 5l. note—I did not speak to any one or gave evidence before I told that story—I was taken to the prison last night—I might have seen Ann Smith, my fellow-servant, as I came out of the court—I was not allowed to speak to anybody—I did not speak to her.
MR. SLEIGH. Q. When you were at the police court on the second occasion, how came it that yon saw this gentleman (Mr. Chipperfield)? A. I wished to see him—I expressed a wish to see the lawyer who was conducting the case—that was on the second occasion—he was shown to the cell where I was—I told him, as near as I could, an outline of the evidence that I wished to give—I said that I was very sorry I had told an untruth at the first examination, and that I wished now to speak the truth—I had spoken to that gentleman (Mr. Neale) before that, on my first examination, after I came out
Of court—I said to him, "Shall I get punished for what I have done?"—he said, "You must not say anything at all against Mr. Wycherley, for you have received your punishment, and you will get no more and no lees" and he gave a pork-pie out of my hand to Mr. Wycherley—that was when I was locked up in my cell, after my first examination—I said I wanted a lawyer to speak for me, and he said, "How much money have you got?"—I said, "A sovereign"—he was talking to Mr. Wycherley, and acting and asking him questions—from that time to when I sent for Mr. Chipperfield no person offered me any inducement to tell what I have told now.
COURT. Q. When you said, on the first examination, that you owed the prisoner money and paid him, was that in pursuance of the arrangement between you and the prisoner that you were to say that you owed him money? A. Yes; I did not know at the time whether I had changed a 10l. note—I did not look at the notes to see what they were—it is not correct that I wrote the name on the note of meeting, not a 5l. note my own accord—that 5l. note was the first I ever had in my life—it was 5l. in gold that I paid Mr. Wycherley after the tea—I first had a 5l. note in my possession about a fortnight before I left my situation—that was the first time I ever handled paper money—I never wrote my name on a note before that—I did not know what it was for—I know more now—it was merely to sign my name to say that it belonged to me—I said that I took no more than three chains and a ring—there were other rings of Mrs. Levy's, but not in the same place where I took these, they were in different bags—the duplicates that I left were the duplicates of the ring and chains that I took—I left them in the drawer for mistress—when I said that I did not take the 2l. 10s. and the parse, I was speaking the truth, I never took it—I have an uncle of the name of Parkinson—I never paid visits to him; he only came once, and spoke to me at the gate—my mistress saw him at the gate, and asked who he was, and I said he was my uncle—when I said I was going to see my uncle I was deceiving her into the belief that that was Parkinson—it is true that the drawer accidentally opened—I did not open it with my key; I never had any keys at all except one 'belonging to my chest—the prisoner generally slept in a bed in the kitchen, and on one occasion he slept up stairs after we came down—Mrs. Lorry could have gone to any room of the house at any time—I have seen the prisoner more than once up stairs in her bed-room; he used to go up to shave himself nearly every morning—my mistress was generally in the dining-room, and the door shut, when he passed up—he never wore his boots, but my mistress's slippers, to go about in—Ann Smith was cognizant of all this—she was not always in the kitchen—she has seen him there, of course—she used to wait in the dining-room at the time we were getting our meals—she never told mistress. COURT (to SOPHIA LEVY). Q. Did you find these duplicates of the rings and chains in your drawers? A. The policeman Morton said he fund them there—I have received them since—I have taken them out of pawn—they are the same that I lost—the pawnbroker was brought up, and he returned them to me.
ANN SMITH . I live now at 3, Union-street, Greenwich—I was formerly in the service of Mrs. Levy—I first went there about 13th or 14th of January, and was there a little more than two months—about a fortnight after I had been there, I saw Mr. Wycherley there; he came in the evening with Ann (Mart Ann Newton) my fellow-servant—he went into the kitchen—he was there regularly after that; he slept there—Ann told me that he slept in the dining-room, but I never saw him there—we had a lodger Mr.
Narracot, living there—I remember his coming down into the kitchen when the prisoner was there, and he ran into the beer-cellar; on another occasion, he ran into the broom cupboard; another time, he got behind the dresser, and Ann threw the ironing-blanket over him—that was when Mr. Narracot, the lodger, came down—Ann let the prisoner in; she used to watch for his coming—I never heard him knock or ring—I have seen him in my mistress's bed-room more than once—that was in the morning; I cannot say when, sad in Ann's bed-room, sharing, generally—I have seen him helping to make the beds—my mistress is a cripple from rheumatics, not able to move about much—I was generally in the dining-room the first part of the morning—I slept with my mistress—I remember Ann going away to Yarmouth—the prisoner was there the day before that; he was there every day before that; he was there on the Thursday—I was on good terms with Ann—I did not tell my mistress of the prisoner's being there.
Cross-examined by MR. OPPNHEIM. Q. The prisoner used to come nearly every day to the house, did he not? Yes—I saw him several times in my mistress's bed-room, helping to make the beds—he helped Ann, and I was dusting the room—I never saw where he slept; I only know from what Ann told me—she told me he used to sleep in the dining room, on the sofa—generally when they had their meals in the kitchen, I was with my mistress—I used to take my meals after they had done—I never saw them take meals together—Ann used to bring in provisions of her own; whatever the prisoner had, she bought—I did not see any bank-notes down stairs before Ann left—I know what a bank-note is—I never remember Harry Smith coming to the house; I was not there when he came—I have heard Ann speak of him, but I never saw him there—I slept with my mistress—I never told her that the prisoner used to come to the house, because I thought she placed so much confidence in the eldest servant, and Ann told me that mistress had given her leave to have him there—I never mentioned his visits to my mistress, although I slept with her every night—Ann used to tell me about her rich uncle; she said he was very rich, and very kind to her, and' used to allow her 5s. A week—I do not know whether she used to spend much in dress—she always kept her chest locked—she used to dress very nice when she went out—I did not see any new clothes come from the linen-draper's a day or two before she left—she brought in a dress with her—she said that her mistress had given her leave to go to her uncle's on the Thursday.
MR. SLEIGH. Q. Did she tell you where she brought that dress from? A. No—it was a black silk dress—she had one, which she used to go out in—I do not think this was the same; I Cannot swear it was a new one—we used to call Mary Ann Newton, Ann in the house—as far as I know she had been there years before I went—my mother only came to see me twice—she did not come when Wycherley was in the kitchen—she never saw him there—I heard her say something to Ann—she came on purpose to take me away, as I told her that I did not like the house—Ann asked her what she took me away for, as the prisoner had gone away, and she was never going to see him again, and that she took him in more out of charity than any-thing else—I nearer heard my mother say anything to Ann in the prisoner's presence.
COURT. Q. Was there a desk and any writing materials in the kitchen? Yes; it was Mr. Wycherley's—I have seen him writing at it—he generally it locked—I saw Ann writing in the kitchen at that desk once; that on the Friday before she left—she was directing an envelope to her
Sister at Yarmouth—she sent a letter in it, and I posted it—that was the only time I ever saw her writing on that day—I am quite sure of that—she got the paper and envelope out of the dresser drawer; she used to keep them there—the prisoner was there when she was writing the letter—I never saw her with any bank-notes—the prisoner first came back after Ann left, when mistress sent for him; it was on the Monday before Ann gave herself up—I let him in; he stopped a good time—I did not hear anything that took place—I did not let him out—the detective came, I believe, and let him out—he came again on the Wednesday morning, but was not there long.
COURT to SOPHIA LEVY. Q. How many rings did you possess altogether? A. About four or six; I do not know the exact number; I have lost four, and a gold eye glass and watch key.
WILLIAM FROST . I live at 7, New Bridge-street, Vauxhall—the prisoner lodged with me for some months previous to February; he left me just previous to this case being known—he did not tell me he was about to leave—he went away one day and never came back—he left his boxes in the room which he occupied—they were untouched until I gave them to the officer—shortly before he left he asked me to Change a 5l. note for him, which I did—this (No. 34,513) is part of that note; my name is on it—I paid it away to Green, in Farmington-street—I have only seen the prisoner write a very little—I should not like to swear to his writing—I received a note from him, giving up his apartments—I have not got it here—I do not know that I have seen him write.
COURT. Q. What did you do with that note? A. I think I have it at home—I was not asked to bring it—I do not know that I was asked about it at the Police-court—I did not know the prisoner before he lodged with me or where he officiated—he paid me 65s. a week—I gave him the whole change for the 5l. note; there was no payment to be made to me then.
Cross-examined by MR. M. WILLIAMS. Q. How long was he a lodger in your house? A. Four or five months—he was frequently in the habit of going away for some days together, and on this occasion he left his boxes in the same state as he has done on other occasions when he went away.
WILLIAM ODELL (Police-sergeant, L 18.) On 18th March, the prisoner came to Kennington-lane station with Mary Ann Newton—he addressed the inspector and said, "I have brought a young lady here who wishes to give hersel up for robbing her mistress"—he was asked her name, likewise his own name and address, and her mistress's name and address; all of which he answered—I then asked him if he would go and fetch Mrs. Levy—he said he would, and he left—he returned in about three hours—I asked if he had been to Mrs. Levy—he said, "Yes, and she was coming directly"—he then asked to be allowed to speak to Newton privately—I said, "You cannot do that; anything you have to say to her must be in my presence and hearing"—Newton said, "Mr. Wycherley, I don't want to speak to you privately; anything you have to say you can say"—he said, "Very well; good day," and went away—Newton was taken before the Magistrate—I next saw the prisoner on 7th April—he was brought to the station by Sergeant Morton—I had made inquiries at his lodging, but did not find him there—from a statement made by Newton, I went to Mrs. Levy's, and found that the key of the dressing-room door unlocked Mrs. Levy's bed-room door—I have examined the keys produced, and find that this key unlocks the prisoner's trunk—it is certainly not a common key; it is not a patent key, but it is not an ordinary one—the other keys do not fit his other boxes—he had three boxes and a bag—this is a sort of skeleton key; it will open any common lock.
Cross-examined by MR. WILLIAMS. Q. When you asked the prisoner for his address, did he give a correct one? A. Yes; where he had been residing, at Frost's.
MR. ORRIDGE. Q. Did you go to his address a good many times and could not find him? A. Yes; I could not find him there, or at his chapel—there were some keys found upon him at the time he was brought to the station—I tried this skeleton key in the other locks.
HENRY MORTON (Police-sergeant, L 63). On 18th March, I was called to the station where Newton was, to make inquiries—the prisoner was not with her then—Sergeant Odell gave me his address—I made inquiries at his lodgings, and also at the chapel and other places, from 18th March to 7th April, but could not find him—I afterwards apprehended him at Whitchurch in Shoeshine—I had information from that part of the country about him—I took him on 7th April—I said to him, "I hold a warrant charging you, Mr. Wycherley, with being concerned, with one Mary Ann Newton, late ser-vent to Mrs. Levy, of 7, Stock well-place, Stock well, in robbing her of 50l. in notes, 50l. in jewellery, and some wearing apparel, she being now undergoing punishment"—he said, "Oh, dear, has she been tried?"—I said, "She has"—he said, "What has she got?"—I said, "Eighteen months"—he said, "Have you got the newspaper with the account of the trial in your pocket?"—I said, "I have not"—that was all that passed at that time—I left him, and in an hour or two I returned, after making inquiries in the town—he then said, "There is a lot of lies in the newspaper respecting that 5l. note changed in the Borough"—he had some newspapers with him, with an account of it—he gave it to me, and I afterwards returned it to him—he said, "I did not change one there; also about the turkey and the wine, I scarcely ever take wine. Newton gave me a 5l. note at the garden gate; she owed me 2l. I gave her 3l. 10s. I bought the turkey myself. The house was open to me. I have prayed to Mrs. Levy; she has been a wicked woman: it was prevent her from being bad any more, that I prayed to her"—I told him I had found, in searching his lodging on the 6th, part of a shirt, which Mrs. Levy identified as being her property—he said, "Yes; you will find no more than that; Mrs. Levy gave that to Mrs. Newton, and Mrs. Newton gave it to me"—I said, "Perhaps now you will tell me where you changed the note you had"—he said, "I will try and remember;" and, after a short time, he said, "I changed it at my lodging, No. 7, New Bridge-street, Vauxhall"—he did not say when—he said he had accompanied Newton on the morning she left her mistress's house to go to Yarmouth; that he went as far as the railway station, and no further, and came back again—while in the cab, going from Euston-square to the Lambeth police-court, he said, "I want to ask you a little advice; now, shall I plead guilty of receiving, as I am certain I am not guilty of stealing, or receiving with a guilty knowledge"—(I had previously given him the usual warning when I took him into custody)—I said I thought he had lived sufficient years to know what to do better than I could inform him, and I declined to give him any advice—he also said, "Believe me, Mr. Morton, I am innocent."
Witnesses for the Defense.
Cells attached to the court—I remember the first day that Newton was brought there to be examined—one of the turnkeys of the Wandsworth house of correction brought her—I had Wycherley in custody at that time in one of the cells—I made a communication to the turnkey before be brought Newton into a cell, and then I went and took Wycherley from the cell that he was in, which was in the first row of cells, and placed him in one of the cells right round the corner, in another passage, quite away from this. row of cells—Newton was at that time in my room with the turnkey—I then put her into one of those cells in the first row, quite away entirety from where the prisoner was—there was one cell between the cell in which she was, and the one in which Wycherley was, but his cell was quite round the corner, in another passage—she was in the middle cell of three, and he was in the first cell, round the corner at right angles—I did not hear any conversation between them—I left a turnkey there—I cannot say whether he was there all the time, but he was for half an hour afterwards—I took Wycherley into court, and placed him in the dock, and then brought Newton in, and placed her alongside of me, not in the dock—I passed Newton's cell when I brought Wycherley into the court—he did not speak to her then; he took no notice at all, but passed along by my side—as far as I know, she did not know he was there—he had no conversation with her in the police-court—he could not have had; so was alongside of me all the time.
Cross-examined by MR. SLEIGH. Q. Is that the officer who brought Newton (Hampton)? A. I believe it is—there is a constable who assists me at the cells of the name of Fowkes—he is not here today—Bampton brought Newton into my room, and she remained there, I should think, twenty minutes after I had put Wycherley in the cell, Bampton stood at the door—Newton was not put for a minute or two in one cell, and then removed from that cell into another, not till after she had been before the Magistrate, not before—I am not aware that she was in two different cells that day; all I can say is, that when I wanted her she was where I had placed her—the constable who assists me has a key—he might have done it in my absence—the prisoner was placed in two different cells that day by me, before he was taken into court.
MR. OPPENHEIM. Q. You placed Wycherley in a cell when he was first brought in? A. Yes; that was before Newton was brought, and when she came I took him out of the cell in which I had placed him, and removed him to another—Newton had not been put in any cell before I changed Wycherley's cell.
COURT. Q. Is there a grating of any kind in these cells? A. Yes; in the door; rather larger than this book—it goes up with a slide—there is a ventilator at the back of the cell in the yard—a mere grating at the bottom of the brickwork, and there is an outside thing which can be opened and shut, and there is also an iron window looking into the yard at the back—there is no grating, or open place, between the cells, only in the door, so that I can put any little thing in, and drop it down without opening the door.
MR. SLEIGH. Q. Are these cells built in a semicircular form; cannot the door of one cell be seen by anybody from the door of the other cells? A. No; there is no grating through which a person in one cell could see through to the other—there is a back yard, and an iron window to the cells which all look into that yard; a person speaking out of one of the windows could not be heard by a person at the other, unless they haloed very loud indeed—the width of each cell is about six feet—I shut up the passage when I go out, as well as the cells—the little grating is under my
command—if it is up the prisoner cannot open it—I generally speaking lock the door which leads to my room—a person speaking through the grating could be beard in the adjoining cell, or in a cell two off, but in a cell round the corner, they would have to hallo very load indeed to be heard—if Wycherley had been placed in one of the cells next to Newton, they could have beard each other, and that was my object in placing him in the other cell.
JOSEPH PALMER NEALE . I am a solicitor at Kennington—I appeared as solicitor for the prisoner at the Lambeth Police-court after the first examination of Newton—on the second examination, which was the first examination of the prisoner, she was examined in Court; that was the first of my seeing her—I cross-examined her—she was taken from the Court to the cell in custody—I collected my papers, and went to the cell to see the prisoner—he spoke to me about his friends finding bail for him, he being remanded—when I was speaking to him at the cell, Newton was in the adjoining cell, speaking-to two or three females who were standing about—some one mentioned my name, and I went from Mr. Wycherley to Newton—she said, "Oh, poor Mr. Wycherley, he is not guilty; he changed a note"—she only spoke of one note—I said, "Well, I have nothing to say to you about this; you have given your evidence in the Court, and of course it is written down"—I did not say to her then, or at any other time, "You need not say anything against Mr. Wycherley"—I thought her examination was over.
COURT. Q. Did you say that she had got her punishment, and ask her whether she had any money? A. No; that is false.
MARY ANN NEWTON (re-examined). There was a grating to the door of the cell—I spoke through the grating—I could just hear the prisoner's voice; it was at a distance; I could scarcely hear—he was not in the next cell—I recognized his voice—he asked me to say that I had borrowed 2l. of him—I had not time to answer him, because the door was open in the passage—there is a door that leads into a room through which we go to the Court—the grating is about the size of this book, with holes in it; it was down—the cells are about six feet wide—I have heard what Mr. Neale has said just now—I did not say, "Poor Mr. Wycherley, he is not guilty"—quite different to that altogether—I gave him a quarter of a pork pie out of my hand, and he passed it to Mr. Wycherley, his daughter had brought him some sandwiches, and he sent me a ham sandwich; that was after the examination.
GUILTY .— Six Years' Penal Servitude.
ADJOURNED TO MONDAY, JULY 13TH, 1863.