CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JULY 13TH, 1863.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No: 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers in the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 13th, 1863, and following days.
BEFORE the Right Hon. WILLIAM ANDERSON ROSE, M.P., LORD MAYOR of the City of London; the Right Hon. Sir FREDERICK JONATHAN POLLOCK , Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; the Hon. Sir WILLIAM WIGHTMAN , Knt., and the Hon; Sir CHARLES CROMPTON , Knt., two of the Justices of Her Majesty's Court of Queen's Bench; Sir JAMES DUKE , Bart., M.P.; Sir FRANCIS GRAHAM MOON , Bart.; and JOHN CARTER, ESQ., Aldermen of the said City; RUSSELL GURNEY , Esq. Q. C., Recorder of the said City; BENJAMIN SAMUEL PHILLIPS , Esq.; WILLIAM FERNELEY ALLEN, Esq; ROBERT BESLEY , Esq.; and SIDNEY HEDLET WATERLOW, Esq.; Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., Common Serjeant of the said City; and ROBEBT MALCOLM KERR, Esq., LL.D., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
ROSE, MAYOR. NINTH 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, July 13th, 1863.
Before Mr. Justice Crompton.
857. JAMES WEBB (31), was indicted for the wilful murder of Hannah Webb; he was also charged on the Coroner's Inquisition with the manslaughter of the same person. MR. SLEIGH conducted the Prosecution.
ESTHER MORRIS BRADFIELD . I am the wife of William Bradfield, and reside at 14, Westmorland-place, City-road—I know the prisoner, and knew his wife Hannah Webb—I knew them between six and seven years—they had been married about five years—he is a cow keeper at 3, Cross-street, Hoxton—I lived at No. 14, not far from them—I last saw the deceased alive on Whit-Monday night, at twenty minutes past 1 at her own street-door—I had seen her at 9 o'clock that evening—the prisoner was not then present—she was perfectly sober at that time, and also when I saw her at half-past 1—at that time the prisoner was sitting in his kitchen with his head lying on the table—that is about six or seven yards from the street-door—I could see from the street-door into the kitchen, but I could not see him, because he was near the fire-place—the street-door was open, and the kitchen-door also—I don't think that anything said at the street-door could be heard in the kitchen—the deceased wished me to go into the kitchen, and I went to the door and saw the prisoner with his head on the table—I went back to her and had a little talk about her sister, she then wished me good night and closed the street-door, and I went home—I never saw her after that alive—I had seen her about half-past 11 that night, and she then showed me her apron where a woman had thrown a pot of beer over her—the prisoner was not present then—he keeps a milk shop—I heard the prisoner say that he would strangle his wife—that was at the street-door—a woman named Robinson came and put an empty beer pot in her face, Mrs. Webb shut the street-door, and Mrs. Robinson said, "Is the drunken b—sober now?"—the prisoner said something, but I did not hear what—I have been given to understand that he was acquainted with that woman, but I don't know it—they stood a. little at the street-door—the woman then left, and the prisoner pushed his door open, went in and shut it—I went and listened at the street-door, and I heard him say, "Kiss me, Hannah"—she replied, "No, James"—I heard a scuffle in the shop—I looked through the key-hole—I could not see them, and I went and looked between the gates into the yard close by the street-door, and saw him have her partly by the head or shoulders, dragging her into the yard—he was pulling her out down two steps into the shed, and she said, "Don't, James; don't James;" in rather a faint voice—he said, "Come along"—I then knocked violently at the street-door, and all
was silent for a few minutes—the door was then opened by the deceased—she was in the act of putting her bonnet on, and she came across to my house—she was very much excited, with her hair about her shoulders—she showed me her apron, and she showed me her black eye—she had the black eye when I saw her at 9 o'clock, but she had not it on the Sunday night—I went back to her house, and she followed me, and in the kitchen she showed me a cluster of hair as thick as my finger that the prisoner had pulled out of her head—he was present when she showed me that, with his head lying on the table—when I went to the street-door the prisoner said to me, "Come and convince yourself; she is up stairs speechless drunk"—I went up stairs with him and Mrs. Elwyn, but she was not there—when we went down she was at the foot of the stairs—Mrs. Elwyn had gone down first and let her in—the prisoner grasped at her neck, and said he would strangle her, he would never sleep another night in bed with her—he was drunk, and he aimed very spitefully at her—Mrs. Elwyn got between them and removed his hand and said, "You know what you promised me;" and with that the prisoner went out—while he was lying with his head on the table, the deceased told me that he had been drinking with a lot of wh—s, and he pulled her by the dress and said, "If you don't like it," making a noise with his mouth.
Cross-examined by MR. METCALFE. Q. You say he was drunk? A. Yes; she was not—I don't know that she sometimes drank—I have heard say so—I don't know that she drank so as to render herself quite incapable—I have heard say she drank, but I never saw her so—I used to go there occasionally for milk, and I have done a little charring for her—that was last summer twelve month—I have only washed one day for her since—I was not a companion of hers—I never went to the Westmorland Arms with her—when she came over to my house, after what I saw through the gates, she did not stay long; I don't think it exceeded a quarter of an hour—she did not appear injured then—on one occasion, about a year and a half ago, the prisoner took me up stairs where she was lying on the bed, but whether it was from drink or excitement I don't know—she was very much excited, and she had a blow on her nose,—he fetched me to her twice—the last time was not many weeks before this occurrence, perhaps a fortnight before—he said he wished me to go up stairs and see that she was there drunk—she was lying on the bed—I can't tell whether she was drunk then—she was very much excited, and had a bad cold, she could scarcely speak—three young men were passing while I was looking through the gates, and they went and looked through—I don't know who they were—Mrs. Elwyn was not there then.
SARAH ANN ELWYN . I am the wife of William Owen Elwyn, a letter-carrier, of 14, Westmorland-place—I knew the deceased and the prisoner for many years—on Whit-Monday, about 11 o'clock at night, I was sent for by the deceased to her residence—she asked me if I would be kind enough to fetch her husband home, and I went and fetched him from the Westmorland Arms—he was the worse for liquor—the deceased was perfectly sober—she was at her own door when I returned with the prisoner—he said some words to her, but I did not hear what it was, I went into the middle of the road—the female that the prisoner had been drinking with (Mrs. Robinson) came by, and threw the contents of a pot of beer in the deceased's face—I then left to go on an errand—I returned in about five minutes—Mrs. Bradfield was then there with the prisoner and deceased—I asked her if she could stop and make peace between them as I was in a hurry and could not stop—I went home to my supper, leaving Mrs. Bradfield with them—as I was shutting my
shutters I saw her and the deceased crossing the road—the deceased was crying—I went and opened the door, and asked what was the matter—her hair was all about her shoulders—I left her in my passage while I and Mrs. Bradfield went to the prisoner—he was standing at his shop door—I asked him to go in and go to bed, and not ill use his wife any more—he said, "No; I will not; she is up-stairs speechless drunk; to convince you, come and look"—we went up-stairs to the first floor front room, the bed-room, but found no one there—by that time I heard a gentle tapping at the door—I went and opened it, and it was the deceased—she came in and went towards the shed door to go into the shed—the prisoner was then on the stairs coming down, and he made aim at her throat, and said he would strangle the b——I pulled him away from her and said, "This is not what you promised me; you said you would not hurt her again, or beat her any more"—he threw a lighted candle which he had in his hand across the kitchen, and went out—he came back in about five minutes—we were then in the kitchen—he kicked opened the shop door and said, "Where is she?"—using some filthy words—she ran into the shed, and he went into the kitchen, sat in the arm chair, and laid his head on the table—I thought he was asleep, and went out to the deceased in the shed and persuaded her to come in—she was crying bitterly—she combed her hair out, and combed out a cluster as thick as my finger, and said it was through him pulling her hair—I said he was asleep—she said, "No; he knows all we are saying"—on that the prisoner pulled her by the back of her dress and said he would strangle the b—b—r; he would not sleep with her another night—she said it was a shocking thing for her to be beat about for a lot of wh—s; I told her to never mind, to go to bed and he would come up by-and-by, and forget all—she said she should not go to bed—she said, "God knows all I have suffered from that man"—I then wished her good night, and came away—I never saw her again alive—she was perfectly sober when I left her—there was nothing apparently serious amiss with her.
Cross-examined. Q. Had you seen her at all before 11 o'clock on the Monday? A. No; I had seen her between 5 and 6 on the Sunday evening—she was perfectly sober then—I never saw her the worse for drink—I have been in the habit of seeing her as I passed backwards and forwards, nothing more—she always appeared right—I had been in the house once or twice for milk, but never to stop—I live in the same house with Mrs. Bradfield—when I went to the Westmorland Arms, I saw the prisoner there drinking with Mrs. Robinson—I did not notice Mr. Robinson there; I did not look—the deceased had asked me to go and look what female it was that was drinking with her husband—I gave her a description of the person, and she said it was Mrs. Robinson—I don't know whether Mrs. Robinson is a married woman—I did not notice whether there were several men drinking there; I only saw the female talking to the prisoner—I went and told the deceased, and she asked me to go and bring him home—I went back, he caught my eye. and I beckoned him out—he came out—I did not hear the deceased say anything to Mrs. Robinson before she threw the beer over her; I was in the middle of the road, I could not hear whether she did or not—when the prisoner caught hold of her I said to him, "You promised not to beat her any more," or "You promised not to lay a finger upon her; "words similar to that—he said he would not beat her any more—I am sure those were the words, or he would not lay a finger on her, I can't recollect which—it was to that effect.
the Tuesday morning, when it was found that Mrs. Webb was dead, I went up-stairs to the prisoner's room to call him, as usual—he said he would be up in a few minutes—I went up again—he called me, and said, "Mrs. Webb is dead"—I went into the room, and saw her lying on the bed, in her clothes, dead—the prisoner was then up and dressed—when I first went up he was in bed, and the clothes covered over him—I did not go into the room at that time, I saw his head in bed—he told me to go to Dr. Simpson—I went, and brought him—I lived in the house—I had gone to bed the night before about half-past 8 or 9—I saw the prisoner and deceased shortly before I went to bed—she was sober then, and he was sober—I have seen her drunk—I saw her drunk on that Monday afternoon, about 2 o'clock—she had got sober before I went to bed.
Cross-examined. Q. Did they go together to the Oaks at Epsom on the Friday? A. Yes—she was drunk on the Friday night when she came home, and on the Saturday, Sunday, and Monday morning—I have frequently seen her drunk—she has often sent me for gin, and for rum sometimes—I have known of her sending boys and girls that came to the shop for milk, for gin and different things—I have once or twice seen her fall down after drinking the gin—I have found her on my bed in that state, instead of going to her own bed—sometimes she would get out of my bed in the middle of the night, and sometimes early in the morning, with her clothes on—I have seen her lying on the floor in the kitchen—a person named Casey used to assist in the milk business—Casey has frequently carried her up to bed when she has been drunk—I have seen Casey here—the prisoner went to Ireland to buy some cows about six months ago—the deceased was drunk nearly the whole time he was away—on one occasion a crowd came round the door when she had fallen down tipsy behind the counter, and the shop was robbed—that was while the prisoner was in Ireland—Casey carried her up to bed on that occasion—on one occasion she fell on the fender when she was drunk, and Casey picked her up and prevented her being burnt—an old woman named Chitsey lodged in the house—Casey left two or three weeks before the death—there was a little boy named John in the house; he has left a long while—a little girl called Louisa used sometimes to help me pick her up when she was drunk; she works at the greengrocer's opposite—I have heard the deceased complain of pains in the head and side when she has been drunk, and she put her hand to her side; she frequently did that when she was tipsy—when I went up first to call the prisoner he was in bed—I don't know whether he had his clothes on or not then, he had the bedclothes over him—the deceased was lying outside the bed with her clothes on—I did not know at that time that she was dead—I did not see that the furniture in the room was at all disturbed—I slept over their room—I did not hear any noise during the night—I have heard the prisoner speak to his wife about her getting drunk; he has gone down on his knees to her and prayed of her to keep from drink; that was not long before she died—she said she would, and she has for a few days, and then went on drinking again.
ELLEN CHITSEY . I lived in the same house with the prisoner and his wife—I slept there on the night in question, in the next room to them—I did not hear any noise during the night—I went to bed a little before 9—there are only folding doors between my room and theirs, but they are fastened close up—I had seen the deceased on the night previous to her death, a little before 6—that was the last time I saw her, but I heard them come to bed at a little past 1—she seemed quite correct and sober at 6 o'clock—I had seen her on the Sunday previous; she was not the worse for liquor then, nothing to speak of, very trifling—that was between 5 and 6 o'clock—she
was not to say drunk, she was able to go up stairs—she was sometimes the worse for liquor, not often—I have never seen her so bad as to be carried or assisted up-stairs—I have never seen her helped up-stairs—I have heard people come up, but I did not look to see who it was—I have not exactly known her to have been helped up to bed—persons may at times have helped her up, but I did not see it.
Cross-examined. Q. Have you not been asked to go and put her in order a little? A. No; I might see her lying on her bed, but I did not know exactly that she was drunk—that has been sometimes in the afternoon—she once came into my room and laid on my bed, that was at night; it was only once—I don't say she was drunk then, she may have been a little drunk—she made a little mess on my bed—I have been told that she has gone to the boy's bed, but I don't know it—I did not once send the boy for a doctor when she was lying on my bed in that state—it was not the boy, it was a man that was lodging there, Casey—I said I was afraid she was dying—Casey did not tell me that she was only drunk—the prisoner has begged me to try and restrain his wife from drinking; I have done so, and at last I said to him, "I have tried so often it is no use."
CHARLES WEBSTER (Police-inspector, N). I went, in company with Dr. Simpson, to the house, where I found the deceased lying dead outside the bed, in her day dress—from the appearance of the bed a person seemed to have been lying in it, at the back of the deceased—the prisoner was standing in the room—I asked who found her dead—the prisoner answered, "I did"—I said, "Did you sleep here last night?"—he said, "I did"—I said, "Did you and the deceased go to bed together?"—he said, "Yes"—I said, "Was she sober?"—he said, "No, drunk"—I said, "Were you sober?"—he said, "Well, no, I was not"—I said, "I perceive she has a black eye, do you know anything of that?"—her left eye was blackened—he said, "We had some words last evening, and I gave her a slap, or a pat, of the face,"—I am not sure which—from further inquiries I made, I told the prisoner I must take him into custody on suspicion of having caused the death of the deceased—he made no reply—I took him to the police-station—I found this apron in the kitchen—there is a spot of blood upon it.
HARRY ERNEST SIMPSON . I am a physician, and a member of the Royal College of Surgeons, 163, City-road—I was called to see the body of the deceased on Whit Tuesday, about ten minutes to 7—the boy James came for me, accompanied by a man—I went immediately—I found her lying on the bed on her right side, in her day clothes—the prisoner was not in the room at that time—I thought that only one person had been lying in the bed, I judged so from the pillows not having been disturbed, but I did not take very particular notice—she appeared to have been dead between five and six hours—I removed the clothes and made an external examination of the body—I found six bruises on the right forearm, one slight one on the left forearm, an old bruise on the left eye, which was blackened, and a large bruise under the right collar-bone, just above the breast—the tongue partially protruded between the teeth, and a quantity of frothy and bloody mucus was issuing from the mouth and nostrils—the left leg was partially crossed over the right—the hair was very much disordered—I made a further examination next morning—I found four bruises on the head, they were hidden by the hair, and were more easily detected by removing the scalp; there were corresponding bruises on the skull—the substance of the brain was perfectly healthy—I found a slight effusion of blood on the right side corresponding with the external injury on that side—that proceeded from the rupture of a
small vessel, and, in my judgment, was caused by external violence—I opened the trachea, or windpipe; I found it filled with frothy or bloody mucus, and on tracing the course of it still further, I found extravasated blood in the substance of the right lung immediately corresponding to the external bruise under the right collar-bone—the left lung was perfectly healthy, and the heart also, and all the viscera—I consider the death to have arisen from extravasation of blood in the substance of the lung, producing suffocation by the blood becoming infiltrated into the air-tubes which run through the substance of the lung—the suffocation arose in the bronchial tubes extending up to the trachea—suffocation in the lungs would be the immediate cause of death, resulting from the extravasated blood—that would be caused by external violence—a blow or blows would be quite sufficient to cause it—if the woman was rolling about and falling in an intoxicated state, that might possibly cause it—the effusion in the head bad nothing to do with the death, it was so circumscribed, not larger than a shilling—there was nothing at all like apoplexy—there was no disease apparent in the lungs to cause the effusion—I cannot tell whether it resulted from a blow or a fall.
Cross-examined. Q. If I understand you rightly there was blood from a broken artery which circulated over the system and stopped the breath? A. Yes; that broken artery was in the substance of the lungs, and the blood infiltrated into the air tubes—that would account for the frothy mucus—an intemperate person very often, contracts congestion of the lungs—that would make a person more susceptible to concussion from violence and make the arteries more likely to give way—I did not find the lungs at all congested; I am quite sure of that—you may call it congested if you like, I call it blood extravasated in the substance of the lungs—the lungs were highly congested where the blood had escaped.
MR. SLEIGH. Q. Did you examine the contents of the stomach? A. Yes; there was not the slightest trace of alcohol.
MR. METCALFE. Q. How long after it was taken would you find traces of alcohol? A. Perhaps not half-an-hour, it evaporates very quickly—my post-mortem was not till the next morning—when I first went to the room the bed clothes were slightly disordered, but I saw no marks of any struggle.
MR. SLEIGH. Q. Was there any evidence of any congestion existing six hours before death? A. None at all—there is congestion arising from inflammation of the lungs which comes on slowly, and causes a hardened state of the tissue, which is called hepatised—there was no trace of anything of that kind—there was no congestion that I could ascribe to pure disease—in my judgment the extravasation was caused by an injury just previous to death.
COURT. Q. Would that injury cause death immediately? A. Not immediately; a person might walk about for an hour after, there would be some difficulty of breathing—I should say a person could not walk about and talk, and appear quite well for two hours after the injury; there would be a difficulty of breathing and also a certain amount of bloody expectoration—the bursting of this vessel from whatever cause would account for all the internal appearances—the bruise under the right collar bone was about the size of my hand, and swollen about an inch in height from the surrounding structure—it was immediately above the right breast—a blow in that place would not be likely to cause death without a rupture—I should not ordinarily anticipate death from a blow there—the ribs were not at all injured—the ribs would lie between the blow and the lungs; the shock of
the blow would pass through the ribs—the ribs bend to a certain extent with great force—the bruise was of recent date, within a few hours.
The prisoner received a good character.
NOT GUILTY .
858. JAMES MILLS (19), and GEORGE PEACOCK SMITH (19), were indicted for feloniously sending to Earl Spencer a letter, threatening to accuse him of an infamous crime, with intent to extort money from him by menaces.
MILLS— PLEADED GUILTY — Twenty Years' Penal Servitude.
MR. SLEIGH for the prosecution offered no evidence at to
SMITH— NOT GUILTY .
NEW COURT.—Monday, July, 13th, 1863.
Before Robert Malcolm Kerr Esq.
RICHARD JOSH. COLLIER . I am a hosier, of 145, Edge ware-road—on 14th May, the prisoner came and asked for a boy's shirt, the price was too high, and she asked for a pair of stockings, they came to 10 1/2 d.—she gave me a bad florin—I told her that she had tendered me a bad half-crown previously, and gave her in charge—she bought a pair of stockings on the former occasion, and gave me a bad half-crown, which I marked and put on one side.
Cross-examined by MR. PATER. Q. How long ago was that? A. About a month previously, but I cannot remember exactly—I had not seen her between the first occasion and the second—I put the half-crown on one side in a box, and afterwards handed it to a jeweller next door, named Redfern, and to three policemen—I showed both the coins to the jeweller before showing them to the police.
MR. CRAUFURD. I suppose you wished the jeweller to tell you whether it was good or bad? A. Yes; I recognised the prisoner immediately she came in—there were two commercial travellers in the shop and I motioned to one of them to observe her.
WILLIAM FARLEY (Police-sergeant, D 15). The prisoner was given into my charge with the half-crown and florin—she said, "I am a respectable woman and I refuse my address"—she handed me this purse containing two good half-crowns, a 3d. piece, and 2 ¼d.
GUILTY — Confined Twelve Months.
COOK— PLEADED GUILTY .**— Confined Two Years.
MESSRS. CRAWFORD and WILLIAMS conducted the Prosecution.
EMMA BEASLEY . I am barmaid at the Swan Tavern, Bayswater—on 5th June, the prisoners came in together—Cook asked for half a quartern of gin; he gave me a florin and I gave him a Victoria shilling and 3 1/2 d. in copper—he asked me for two sixpences for a shilling which he gave me—I put it in the till and gave him two sixpences—there were no other shillings there—after they left, I went to the till, before taking any other money, looked at the shilling and found it was bad, and of George IIIds. reign—there was no other shilling there—I had not taken any other money—I gave it to Mr. Ratcliff—I saw the prisoners again next day, and recognised them at once.
in the bar—I received a bad shilling from Emma Beasley on Friday—I put it on the shelf at the back, and afterwards gave it to 231 D D—I was serving in the bar on Saturday, 6th June—the prisoners came in together and Cook asked for half a quartern of gin; he gave me a goodhalf-crown and I gave him the change—he then put down a shilling and asked for two sixpences for it, which I gave him, and immediately found the shilling was bad—it was not one which I had given him—they had both began to drink the gin—it was very soft and I bent it—he returned me the sixpences—the last witness recognised the prisoners and I told them I must take them in charge—they went out together, I followed them and gave them in charge.
MARY HAMPTON . I am the wife of Samuel Hampton, and am female searcher at the station—I searched Phillips, and in a pocket under her gown I found a bad shilling—I bent it, marked it, and gave it to the inspector on duty—I found three good sixpences in her dress pocket.
Phillip's Defence. I had no money but what my husband gave me—we were married in Ireland twenty years ago.
PHILLIPS— GUILTY .— Confined Twelve Months.
MESSRS. CRAUFURD and WILLIAMS conducted the Prosecution.
MARY ANN PAYNE . I keep a pie shop at 208, Strand—on Monday, 8th June, about 10 at night, Riley came and asked for three twopenny pies, he gave me a half-crown which was soft, and I broke it with my teeth and told him it was bad—he said that he did not know it—I returned him the pieces and he went out leaving the pies behind—he came again next morning between 10 and 11, asked for a twopenny pie, and put down a bad shilling—I told him it was bad and that he was there last night—I kept the shilling and he went away—about 4 o'clock that afternoon Sheridan came for a penny mince pie, he gave me a shilling—I broke it, it was soft—I told him it was bad—he said that he did not know it, and asked for it back again—I gave him the pieces and he left—I called Everton's attention to him, and shortly afterwards the two prisoners were brought back—I gave the constable the shilling uttered to me by Riley.
Cross-examined by MR. DICKIE. Q. What did Sheridan say? A. That he did not know the shilling was bad.
ROBERT EVERTON . I am in the service of the last witness—on 9th July she called my attention to Sheridan, who was in the shop—I saw him put down the money, she broke it and gave it back to him—I followed him to another pie shop, where he joined this boy and another person, who were in Fleet-street, through the bar—I got a constable and left him to look after them.
ANNIE ALEXANDER . I am in the employ of Mr. Adamson, a baker, of the Strand—on this afternoon about 4 o'clock, Riley came and asked for a bun—he gave me a shilling—I told him it was bad, and he went away leaving it with me—I gave it to the policeman.
WILLIAM MCWILLIAM (City-policeman, 340). On 9th June, I was on duty in Fleet-street, and Everton pointed out the prisoner and another one to me near St. Dunstan's Church—I followed them—at Fetter-lane I took Sheridan,
gave him to another man, and took Riley—I told Sheridan the charge—he said that he did not know it was bad—I searched them at the station and found on Sheridan seven sixpences, 6 1/2 d. in copper, three threepenny bits, and one fourpenny bit, all good, and a halfpenny on Riley.
Cross-examined. Q. Did Sheridan admit at once passing the shilling? A. Yes; he did not attempt to run away.
Riley's Defence. A young man who I was with, gave me the money and sent me to buy the pies; when I told him it was bad, he said, "Chuck it away;" I had only been home from sea three weeks.
GUILTY .—The Jury recommended Riley to mercy, believing him to have acted under the direction of a man who escaped.
MR. CRAUFURD conducted the Prosecution.
WILLIAM MILLER (Policeman, C 148). On 18th June, I was on duty in Bunhill-row with another constable—I saw two women whom I knew—we followed them to Packman's-row, Hoxton—they joined the prisoner and went to Park-street, where I stopped the two women, and Short stopped Cooper—I saw her throw something away under a gateway, Short picked it up and gave it to me—it was a packet containing twenty shillings wrapped up separately in paper—the prisoner was searched by the searcher, who found on her two half-crowns and 3s. in silver, and 3d. in copper—the other two were discharged by the Magistrate.
Cross-examined by MR. WILLIAMS. Q. Was it all good? A. Yes.
HENRY SHORT (Policeman, G 77). I took the prisoner—she had something in her hand, and I said, "What have you got here?"—the said, "Nothing," threw something down against a gateway, and said, "I will show you my money if you want to see it"—I picked it up—she tried to get away, but we took the three to the station—the parcel did not go a yard from her—there was a lamp close by.
Cross-examined. Q. Did not you say, "Here they are, 1l. worth, 10s. in each?" A. No; I said to Miller, that I thought they were counterfeit coin before I opened them, by the feel of them.
GUILTY .— Confined Two Years.
MR. CRAUFURD conducted the Prosecution.
JAMES BRANNAN . I was formerly an inspector of police, and am now in the employment of the Mint—on June, about half-past 11 in the morning, I saw the prisoner come out of Moore's-gardens, and pointed him out to Fife and Elliott, who followed him into White Lion-street, and stopped him; they struggled with him, and I rushed forward, and saw this packet fall from, them and roll into the road—Fife pointed to it with his foot, saying; "There it is, Mr. Brannan—I picked it up, opened it, and found ten bad shillings. separately wrapped in paper—I said, "Well, King, you are determined to carry it on, then? I have received instructions from the Solicitor to the Mint to endeavour to put a stop to your extensive dealings in counterfeit coin"—he said, "I have never had them, Mr. Brannan; if my mother was to
rise from her grave, those are the first things I have had since I came home."
Cross-examined by MR. DALEY. Q. Do you repeat that form to everybody you go up to? A. Those whom I know to be old offenders—I did not see Alfred Rouse there, but he might be in the crowd that followed—I know him—I saw him arraigned here last Session.
JOHN FIFE (Police Inspector, G). I saw the prisoner come out of Moore's-gardens alone—he resisted Elliott and me when we had hold of him, and we both went into the road—he threw this parcel along the road, and it went towards the gutter—I called Mr. Brannan's attention to it—he picked it up, opened it in the prisoner's presence, and it contained counterfeit coin.
Cross-examined. Q. Is this a very low neighbourhood? A. It is a very quiet street.
GUILTY .—He was further charged with having been convicted in October, 1858, when he was sentenced to Four Years' Penal Servitude. To this he
PLEADED GUILTY, and Mr. Brannan stated that he had been three times convicted of like offences.— Fifteen Years' Penal Servitude.
MR. CRAUFURD conducted the Prosecution.
JANE GOODMAN . I am barmaid at the Horns public-house, Hackney-road—on 27th June, about 11 at night, the prisoner came with another man and called for a pot of porter—he gave me a half-crown, which I put in the till—there was silver there, but no other half-crown—I gave him 2s. 2d. change, and he called for another pot and gave me a half-crown—I gave him 2s. 2d. change, and put it in the till with the other—soon afterwards he called for a quartern of gin, and gave me a half-crown, and I gave him 2s. 1d., and put it with the others—I did not take a half-crown of any one else—Mr. Griffiths then came in, found the half-crowns, and said they were all bad—the prisoner soon afterwards came in again—I made a signal to my master, and he was taken.
Cross-examined by MR. DICKIE. Q. Had you seen the till a short time before the prisoner came in? A. Not half an hour before—I know there was no half-crown in it.
WILLIAM GRIFFITHS . I am landlord of the Horns—on 27th June, at ten minutes past 10 I went to my till and cleared it of large silver—I then went next door, leaving my barmaid in the bar, and only four single shillings in the till—I returned about half-past 10, and found three bad half-crowns in the till—the prisoner afterwards came in—I was going round towards him, and he endeavoured to get to the door first, but could not—he stooped down in a corner and said, "Oh, how my nose is bleeding," and pretended to blow it—it did not bleed, and I said, "Oh, never mind your nose, I want you"—he said, "Stop a minute; if I have done wrong I can be punished"—I gave him in custody, with the half-crowns—when I returned from the station two men found two half-crowns in the bar, and next morning the potman picked up seven half-crowns at the spot where the prisoner stooped.
Cross-examined. Q. Have you discharged any of your servants since this? A. No.
WILLIAM MARCHANT . I am an eating-house-keeper, of 4, Austen-street, Hackney-road—on 27th June, about 9 in the evening, the prisoner came for a pennyworth of pudding, and gave me a bad half-crown—I bent it in the trier, and threw it on the counter—he took it up, threw it in the street, and declared that he did not know it was bad, and gave me a good one—I gave him the change, and he left.
WILLIAM BRASLIN (Policeman, H 85). Mr. Griffiths gave the prisoner into my custody, with three bad half-crowns, and next morning he gave me seven bad half-crowns—I searched the prisoner at the station, and found a bad half-crown and 12s. 1 1/2 d. in good money, two Hanover coins resembling sovereigns, and a cheque on the Westminster Bank for 35l. 7s. 11d.—he said his name was George Smith, and that he was a farmer and grazier, of East-bourne, Sussex; but at the police-court he said his name was Walter Russell, that he was a licensed hawker, and bought the cheque at the Eastern Counties Railway-station, Shoreditch, for 1d.
GUILTY .— Confined Twelve Months.
The following prisoners
868. JOHN HODGSON (20) , to embezzling 1l. 3s. 7d. and 1l. 8s. 3d. the property of Richard Johnson, his master, who recommended him to mercy.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
874. SIDNEY SMITH (24) , to burglariously breaking and entering the dwelling-house of Raynham William Stewart, and stealing a watch and other articles, his property.— Four Years' Penal Servitude. [Pleaded guilty: See original trial image.]
875. GEORGE MUIR (20) , to feloniously wounding Frederick Lawton with intent to do him some grievous bodily harm, and to assaulting George Antill with a like intent.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
876. JOHN BENNETT CHALMERS (30) , to stealing 20 bill stamps, value 27s., the property of James Alexander Guthrie and another. He received a good character, and was recommended to mercy.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
THIRD COURT—Monday, July 13th, 1863.
Before Mr. Recorder.
879. ARTHUR ROBERT WILLOUGHBY WADE (35), PLEADED GUILTY to indecently assaulting Bridget Corrigan and others. Confined Eighteen Months. There was another indictment against the prisoner for feloniously detaining one Bridget Corrigan with intent, &c., upon which no evidence was offered.
MR. PATER conducted the Prosecution.
JOHN KING . I am a cashier at the City Bank—on 11th May, the prisoner called at the bank, and produced this order from Messrs. Sarl and Sons (read), "Please to give the bearer our pass-book. London, 10/5/03"—in consequence of that I delivered Messrs. Sarl's pass-book to the prisoner—I have no recollection of his calling that day before without the order.
Cross-examined by MR. LAWRENCE, Q. I suppose Messrs. Sarl and Sons have an account at your bank? A. Yes; this is very much like their writing; in fact the signature was consulted before the book was given up—I had not seen the prisoner before to my knowledge—I have no recollection of his calling more than once that day—he was only there for a few minutes—I did not take any particular notice of him—this is the pass-book (produced) which I delivered to him.
Cross-examined. Q. Does it resemble their writing? A. It might be a bad imitation—I should not take it to be their writing—it is not an imitation that would deceive me—I have no knowledge of the prisoner, nor have the Messrs. Sarl, to the best of my belief.
CHARLES FITCHENOR . I am in the employ of Messrs. Savory and Sons, silversmiths—about 11th May the prisoner called at their establishment, and selected goods to the amount of 946l. 16s.—he asked to see watches and chains—he gave a cheque, not filled up, on the National Bank of New York, or something of that kind—for the first five minutes I considered him insane—he selected a ring worth 117l., a ruby ring at 150l., and an emerald at 110l.—he picked them up as if they were brass buttons—I thought it was a clear ease of insanity, and I took no further notice, merely pencilled the articles down on a piece of paper—I saw a jaws-book similar to the one produced, on the counter, under the prisoner's hand—I could not see the name on it; it was upside down.
Cross-examined. Q. Was his manner very peculiar indeed? A. Yes; I have had thirty years' experience with all sorts of characters, and I could almost read in his mind that he was not right—he did not appear tipsy, and I could only conclude that he was insane—they were beautiful gems; he could not have selected finer for an Empress—he did not call himself the Baron Adrian Robert to me—I did not bear him say he was a Baron—he did not attempt to take anything away with him—I laid everything aside on a tray, and then Funnell came in—the prisoner seemed to me not to be answerable for his actions—I had never seen him before, that I know of—he gave our cashier a cheque, I believe this is it (read), "Pay to Messrs. Savory and Sons, or order, the sum of (blank). London, May 11th, 1862. To the Cashiers of the National Bank of New York. Baron Adrian Robert. Jerrard"—I had never seen a cheque on that bank before—that confirmed my suspicions that he was not right in his mind, though I felt quite satisfied before.
MR. PATER. Q. Did he tell you that this cheque would be cashed at Messrs. Spielman's, in Lombard-street? A. Yes, but still I did not take any notice of it—I believe a clerk from our establishment went to Spielman's.
EDWARD FUNNELL . I am a City detective—I apprehended the prisoner at Messrs. Savory's on another charge, and afterwards charged him with forging this order—the pass-book and this account-book (produced) were left by him on the counter at Messrs. Savory's—he said nothing to the charge when I mentioned it to him.
Cross-examined. Q. That is an old book, is it not? A. Yes; I found several at his lodgings, resembling this—I had never seen him before this.
NOT GUILTY .
MR. HAWTHORNE conducted the Prosecution.
JAMES BRANNAN . I am engaged by the Mint to look after coiners—on Saturday, 20th June, about 1 o'clock, I went with other officers to 17, Flower and Dean-street—we went through passage, and forced open the back parlour door of the house—upon entering the room, I saw Hogan take a plate from off the table and throw the contents on the fire—we endeavoured to get towards the fire, and the three prisoners tried all they could to keep us back—I threw a pail of water on the fire, and Hogan said, "They won't melt, Mr. Brannan, they are brass"—Inspector Broad then went to the fire and took from it these 25 pieces of coin (produced), which he gave to me—I said to Hogan, "I have received ins tractions from the Solicitor to the Mint to look after you"—he said, "A chap came in here to-day, and I bought them of him for 18d.; we were filing one side of them off, and colouring them, to look like sixpences"—I said to Mr. Broad, "Probably you will find some more there," and Hogan said, "No, you will not; we are typing without the wire"—that means electroplating—it can be done without the wire, but not so quickly; quite as well and as smoothly—these coins would pass as sixpences—I noticed Brace, with this little tin measure in her hand, get near Hogan, and endeavour to force it into his trousers pocket—I seized her hand, took it from her, and found six medals in the box—they are what are called Prince of Wales' medals, and are similar to those which have undergone the process of filing and electroplating—some are discoloured from being thrown on the fire—the feathers are filed down—the plate was wet—I tasted the contents; it contained the materials generally used for colouring and coating counterfeit coin, white metal—I believe it was cyanide of silver.
ARTHUR ELLIOTT (Police-sergeant, G 13). I went with the last witness—we went first to the back-yard—I looked in at the window previous to the door being broken open, and saw the two female prisoners sitting at the table with a file in one hand and a coin in the other—Hogan was stooping over the table meddling with something in a plate, and as the door was opened I saw him take the plate off the table, and throw it on to the fire—I assisted the other officers to get to the fire, and we had some trouble in doing so—all the prisoners were very violent—the coins were afterwards got from the fire—I found the two files which I had seen them using before I went in.
Boswell. I never tried to prevent him from going near the fire.
Witness. You caught hold of me—we were all seized by the prisoners one
way or the other—I believe Fyfe caught hold of Boswell—we were almost stifled there for the time, from the water being thrown on to the fire, which was a very bright one.
WILLIAM BROAD (Police Inspector, H) I went with the other officers—I forced open the door—there were five or six fastenings to it—we had some difficulty in getting in—I saw Hogan chuck something from a plate into the fire—I pushed the females on one side and went towards the fire—Brannan threw a pail of water on the fire, and I took out 22 pieces of coin, which I gave to him—I found this saucer (produced), containing wet sand, on the mantel-piece, which is used for scouring and rubbing.
WILLIAM WEBSTER . I am Inspector of Coin to the Mint—these small medals which have not been filed are called Prince of Wales' medals, and are used for whist markers and other purposes—these have been filed down and silvered—they would be far more likely to pass as sixpences than the ordinary-made counterfeit sixpences, because they will resist biting and bending—they are made of brass—they are getting very much in circulation.
Hogan's Defence, I have lived five years by selling songs and these coins over Hackney. I am not guilty of passing bad money. I bought these at 2 1/2 d. a dozen, with the intention of going out on the Saturday to sell them.
HOGAN— GUILTY .**— Six Years' Penal Servitude.
BRACE and BOSWELL— Confined Six Months each.
882. BENJAMIN FULLER (25), PLEADED GUILTY to Stealing 5 lbs. of opium, the property of Samuel Russell, from a barge in the port of London. MR. POLAND for the prosecution, stated that in consequence of a communication made by the prisoner, it would be desirable to postpone the sentence.
DR. EDWIN LANKESTER . I am one of the coroners for the county of Middlesex—I held an inquest on the body of Lucy Redhead, on Saturday, 28th March—Mary Ann King was called as a witness upon that inquiry—she was sworn, I have here notes of the evidence which she gave and which I took down—(read) "Mary Ann King having been sworn, said, 'I live at 78, Euston-road, and the deceased, Lucy Redhead, lived with me as general servant. The deceased had had a cough for some time, but she never had any medical attendance; she left my service this day fortnight, on 3rd March, the deceased received a blow from a person named England; she never laid down in her bed after the blow, and never did any work afterwards, she never complained to me before the blow. She did the work for a 10 roomed house, and never gave up, on 23rd March, England came to my house and asked for me. I was dressing in the next room, and heard the conversation in the next room. Mr. England afterwards struck me on the chest, and also the deceased, the deceased went to fetch a policeman; she sat on the window ledge the whole of that night, because she could not lie down in bed, she remained in the same state, and two days afterwards she spat blood. She went once to the University College after that; she fell up against a large dining table when she was struck, she wore stays"—There was a post-mortem investigation at my instance, made by Mr. Devereux a gentleman in the hospital.
Cross-examined by MR. BESLEY (with MR. SLEIGH). Q. The post-mortem was 48 hours after death, was it not? A. Yes; I should have heard of the
case, and the supposed cause of death before I ordered the post-mortem examination—the evidence of the father, was that the deceased died on the 21st—I caused summonses to be given out—one was sent to Mr. England—he did not attend—I saw the body—it was not decomposed at all—I cannot say there was not a mark of a blow on the chest—I did Lot see any.
PHILIP NEWBERRY ENGLAND . I live at Clarendon-square, Somerstown, and manage a loan office—in the early part of last year, Mrs. King the defendant called upon me, and after some negociations I consented to lend her 70l. on a bill of sale of some furniture—it was executed, deducting 5l. for interest—she was to pay me by instalments of 1l. 7s. a week—at that time the furniture was at 44, Clarendon-square—she then lived in that house—I went there and saw the furniture—I told her if there was any rent due to let me know, and I should pay it for her—the bill of sale was executed in August last year—I think about the beginning of March this year, information was brought to me, and I went to the house in Clarendon-square—I found nearly the whole of the furniture gone—all the best of it was gone, leaving the rubbish—after making inquiries, I found that it bad been taken to 78, Euston-road—I got Mr. Hay and three carmen to go with me between 6 and 7, on Tuesday evening, 3rd March—I knocked at the door and asked for Mrs. King—I was directed to the first floor—we all went up, and I just knocked with my knuckle at the door—a little boy opened it with a candle in his hand—he said Mrs. King was not in—she was in the back room when I first entered—she came out—I removed the furniture—it took us half an, hour or it might be three quarters, with the assistance of the men—I saw a young girl sitting on the sofa with some children—I believe it was Redhead, the deceased—a policeman was sent for. by Mrs. King, when he came we showed him the bill of sale, and he went away—he said he could not interfere—I never touched Mrs. King during the whole time I was there—the other men were in the room the whole time—it is not true that I struck Lucy Redhead a violent blow on the chest—I never touched her on the chest—I never touched her—I was not near enough to her to strike her—the men were in the room, and by the door the whole of the time—I swear I never struck Mrs. King.
Cross-examined. Q. Did Lucy Redhead speak to you? A. She did not till afterwards, when I asked her who she was—not before the policeman came—she was desired by Mrs. King to go out and fetch a policeman—Mrs. King had her back against the door to prevent us removing the things—I afterwards saw her on the floor—she slipped down and I helped her up—there was not a struggle and a scuffle between us, more than I lifting her up and putting her on a chair or a box—there were no screams of murder that I heard—the children were making a noise—Mrs. King afterwards said she had been badly advised, and she was sorry she had removed the things—I did not charge her with stealing the things—I said it was very bad of her to take them away—she did not say they were her daughter's at that time—I think Lucy Redhead was out of the room when Mrs. King was on the floor—I don't know—the table was not always between me and Lucy Redhead, because when she came out to go for a policeman, she had to pass me—I do not know Mr. Dobbin, Mr. Knight's agent—I was at Westminster when the action was tried—I believe a man named Dobbin was examined there—he gave me the information, that the things were taken away from the house—he said they were distrained for rent, and the things had been taken away—I believe he said they had been given by Mr. Knight to the daughter—I will not be positive—I had known Mrs. King some little time
before this transaction—I never saw her husband when he was living—she kept a chandler's shop in Wells-street, when she borrowed this money of me—I told her the furniture at Clarendon-square was worth between 60l. and 70l., and it was afterwards arranged that the furniture at Wells-street should be included in the bill of sale—I know nothing of Mrs. King's sister dying, and the orphan children coming to live with her—I did not take away a single article of wearing apparel on this occasion—I have not had to pay for the removal of those very articles—I had a summons to go to the police court—I employed Mr. Begbie on that summons—I asked him to go—this letter (produced) might have been written by him, but not by my direction—I instructed him to get an adjournment on 7th March—a witness could not come because the Princess came into London on that day—before that summons I was served with a writ at the suit of Mrs. King, and I received this letter from her attorney—that was before the adjournment, the writ was served on me some time after the receipt of that letter—it might have been the 12th, I cannot say the day—I knew there were actions pending—I believed by the daughter and by Mrs. King—the officer brought me this summons on the Thursday evening, about half-past nine—I told him I could not attend because I was summoned to the Divorce Court—I did not know I was summoned to give evidence—I thought it was for a juryman, and I also said it was out of the district, and there must have been some mistake—the officer might have said, "Mind I have served you, and you stay away at your peril"—I had a subpoena from the Divorce Court just before, and I showed it to him—I never heard of Lucy Redhead's death till I saw it in the papers—my solicitors, Walker and Twyford, applied to Mr. Tillett, and I went with them before him for a summons—it was refused because the case was pending, and we were to wait till that was over—after that we went to Mr. Knox, the Magistrate—I went with Mr. Ribton twice, I believe—Mr. Knox refused me the summons—I did not. afterwards threaten Mr. Tillett with a mandamus—Mr. Ribton did, I believe—it was then adjourned over from the first inquiry when Mr. Hay and I were examined, until after the trial at Westminster Hall—I was examined on oath at the trial, and so was Mrs. King—a sum of money has been paid in respect of that action—I forget what; it might be 155l.—there was a great deal of money—I don't know how much—an execution was put in my house by Mrs. King—my solicitor paid the amount—he had the money—I was not at home all day—they were in and out of the house in about five minutes, I think, or something like that—I took away everything from Mrs. King's, except her wearing apparel—I took no linen whatever, or clothes—I realised about 20l. from the goods that were left in Clarendon-square—the furniture might have come away in three vans, but there was not a van load altogether—I afterwards got paid back a sum of 12l. 4s. running from August to March—Mrs. King said she could not pay 27s. a week, and asked me whether I would allow her to pay 10s.; and sometimes she paid 100. sometimes 5s. and sometimes nothing—this (produced) is my writing—I did not get this last item of 30s. from her—I paid 10l. in the court for her—there was a distress in her house—the execution creditor finding that I paid the money for her, abandoned it, and the court gave it up to me again—it was her debt, not mine—I did not make any other charge but the 15l.—I did not charge her a guinea for the inventory—I stated before the Magistrate that I had not touched Mrs. King to strike her—after the action was tried I attended the adjourned hearing before the Magistrate, at the Marlborough-street, Police-court—I don't think I was examined on the second occasion;
my men were, and they had been examined at the trial—I did not hear the Magistrate say he would give me no assistance at all—the girl on the sofa was a little thin girl—I have stated that the table was between me and the girl all the time—I was not in the room at any time without Mr. Hay, and the men being present—they were there from first to last—they followed up the stairs close behind me—Mrs. King said that evening that the furniture belonged to her daughter—I heard of that before about 12 o'clock, from a man named Dobbin, I believe—I did not know his name.
HARVEY PHILIP HAY . On 3d March, I went with Mr. England to Mrs. King's house, in the Euston-road, with two other men—I accompanied Mr. England into the house, and up stairs into the room—the two men, I believe, were close after us—I did not see Mrs. King when I went in first—she came out from another room—I saw A girl sitting on the sofa at the far end of the room—I never left the room from the time I went in first with Mr. England till the goods came out—I never saw Mr. England strike Mrs. King, or any one else—he could not have struck her without my seeing it—I never saw him lay a hand on the girl—he could not have struck her without my seeing him.
Cross-examined. Q. There was a pretty considerable row in the place, was there not? A. Yes; I cannot say whether it was a boy or a girl who opened the door—I heard Mr. England speak to the girl on the sofa—I think that was before Mrs. King came in from the other room—I heard the girl say she was Mrs. King's servant—Mr. England asked where Mrs. King was, and it was after that Mrs. King appeared, I think—I have not known Mrs. King for any time—I have described the place as like a Bedlam—the children were roaring and screaming, and Mrs. King was screaming, and said she would lose her life before the things should go out—she stood with her back against the door—Lucy Redhead was not close to her at that time—she was reasoned with to come away from the door, as the determination was to take away the goods, and she then slipped down against the door and said, "No; I shan't"—I did not hear "Murder" called—I do not remember Mrs. King crying "Murder"—Mr. England led her away from the door—I did not hear Lucy Redhead scream out, "You are murdering my mistress"—she was at the door waiting to go out when Mrs. King was on the ground—the girl was not nearer than four feet to Mr. England, in my opinion—she never interfered in any way—she afterwards said that her mistress was dying, or was going to faint—Mr. England never touched her—I was in the room before the policeman came—I went there at first, and was there all the time—I did not see Mrs. Ward or her son go out of the house before I went in—I never left the house till the goods were all out—I attested the bill of sale—of course I did not do it for nothing.
JAMES ROBINSON . I live at Seymour-street, and am a carman—I went with Mr. England and Mr. Hay to a house in the Euston-road on 3d March, between 6 and 7 in the evening—I followed up stairs behind them into the room—Mrs. King was not in the room at first, and she came out from another room—the things were removed—I was in the room the whole time—I did not see Mr. England strike Mrs. King—he could not have struck her without my seeing him—I saw a servant there, standing at the further end of the table by the fire-place, at first—I did not see Mr. England strike her, and did not see her fall against the table—he could not have struck her a blow without my seeing him.
Cross-examined. Q. Were you examined at the trial at Westminster? A. Yes; I did not see any one leave the front door of the house before I
went up stairs—I assisted in removing the things—we fetched one load each down before she sent for a policeman—I can't tell you what happened up stairs when I was down—all I say is that there was no blow struck while I was in the room.
MR. RIBTON. Q. How long were you taking that load down? A. About two minutes, and after that I was in the room all the time.
COURT. Q. Were you in the room when Mrs. King fell down? A. Yes; she slid down—that was after I had taken the load down.
JOHN ENGLEFIELD . I am a carman—on 3d March, between 6 and 7, I went with Mr. England, and the others, to Mrs. King's house in the Euston-road—Mr. England and Mr. Hay went into the house, and I went up with them and Robinson—I went into the room close after them—Mrs. King just came out of the back room as I got into the other room—I was there the whole time—during that time I did not see Mr. England strike Mrs. King or the servant, who was there—he could not have done it without my seeing him.
Cross-examined. Q. Did you see who went out of the room with the first lot of goods? A. I do not know—I should not like to say which of us it was who went down—no one left the room to go down till after the policeman came—I did not see Mrs. King on the floor at all—I saw Mr. England try to lead her away from the door—I did not see her fall to the ground, or see Mr. England lift her up—I was there all the time, and so was Robinson—he did not leave with any goods before the policeman came—Mr. Hay did not leave—we all four stayed in the room till the policeman came.
JOHN BRADFORD (Policeman, E 77). I was sent for on 3d March, to this house in the Euston-road—I saw Mrs. King—she said there were some men come there to take away the goods unlawfully, and wished me to see to it, and turn them out—Mr. Hay showed me the bill of sale, and I declined to interfere, and went away—Mrs. King did not at any time while I was there complain of having been assaulted, nor did she complain of Mr. England having assaulted the servant.
Cross-examined. Q. I believe Mrs. King was very excited about their taking the things? A. Yes; at that time nothing had been removed—I only found Mr. England and Mr. Hay in the room when I arrived—the the children were not there—Mrs. King was on the landing, outside the room, and the servant called me from the street—I do not know whether it was Lucy Redhead, or Mrs. Ward's servant who called me—I saw some one at the door as I came down stairs—I don't know whether it was Mrs. Ward—I was only there about five minutes.
MR. RIBTON. Q. Where were the two carmen? A. They were outside in the garden, I believe, at the time I was called in—no complaint of assault was made by anybody.
EMMA SHEPHERD . I am assistant at the Northumberland Ward, Middlesex Hospital—I remember Lucy Redhead coming there in March—I attended to her from the time she was admitted till she died—I found no mark of any blow upon her.
Cross-examined. Q. Did you look for it? A. I did not; I did not expect to see anything—her relations visited her—I was not present at the interviews—I never heard about any blow until the Inquest.
JURY. Q. Did she ever complain of having received a blow to you? A. No; I gave her all her medicines—she came on 17th March and died on 21st.
MR. RIBTON. Q. What was she treated for? A. Diseased heart and
inflammation of the lungs—I applied ointment to her cheat and different things that the doctor ordered for the inflammation.
Witnesses for the Defence.
RUTH WARD . I keep the house, 78, Euston-road—I knew nothing of Mrs. King before 3d March, when she took some apartments on the first-floor—the servant, Lucy Redhead, and some of the children came with some goods on the 2d, and slept there that night—I have a servant named Elizabeth Gallop—on the evening of 3d March, I saw a van come up to the door, heard a knock, and saw Mr. England—no one was with him—I saw my servant open the door—I did not hear what was said—he followed the servant up stairs immediately—I was in the parlour at the time—the door was a little open—I could see the persons who went up stairs—no one went up stairs besides my servant and Mr. England—I heard him go into Mrs. King's room—my servant came down to me—I heard the children screaming; they called "Murder"—I then went out into the passage and saw Lucy Redhead coming down stairs—she staggered down, keeping hold of the bannisters as if she was afraid she should fall—she put her hand to her chest, over her heart—she went along the passage, keeping hold of the side, and went out of the front door and took hold of the railings—I did not see where she went then—I then left the house—I saw some men in the garden as I went out—there was Mr. Hay and two other men—I did not know Mr. Hay before—I did not speak to either of them—I went to look for a policeman and came back with one—I saw Mrs. King then, part of the way down stairs—everything was taken away—I noticed Mrs. King's arm that night, it was bruised, quite black—she made a complaint.
Cross-examined by MR. RIBTON. Q. Mrs. King did not tell you that her things had been seized by the landlord, but that she had let her house furnished, and these were some of the things they did not require, did she not? A. Yes; I believe she said so when she first came—my son was in the parlour with me—I did not notice where the three men were when I came back with the policeman—they had not been-up stairs before I went out—it all occurred in a few minutes.
ELIZABETH GALLOP . I am the servant of Mrs. Ward—on 3d March, a van came up to the door—I opened the door, and saw Mr. England—there was no one with him—he asked if Mrs. King was at home—I went up stairs to the first floor before him, and knocked at the door, and asked if Mrs. King was in—the servant, Lucy Redhead, said "No, she wag not"—Mr. England pushed by me and said, "Some one is at home," and went into the room—I then came down stairs—a little girl or boy came out soon after—no one followed Mr. England at all—I did not meet any men coming up stairs—there were some men at the gate at the bottom—Mr. Hay and two other men—I heard the children screaming "Murder"—not the child that came out first, the other two who were left in the room—I stood at the parlour door, and Mrs. Ward went for a policeman—I saw Lucy Redhead coming down stairs holding by the banisters, and with one hand to her chest—she went to the gate—I saw my mistress leave the house, and then Mr. Hay and the two men went up stairs—I saw a policeman come—one of the men spoke to him, he had just come down stairs with two chairs—I saw Mrs. King's arm that evening, and the next day too, it was all black and blue—Lucy Redhead seemed very well in the previous part of the day, before she came down stairs.
Cross-examined. Q. You say that Mr. Hay and the other two went up while Mrs. Ward was away? A. Yes; and when she came back with the
policeman the two men were coming down stairs and Mr. Hay was up in the room—they went up behind one another—Mr. England did not go up with them—I was at the parlour door the whole time, till the goods were taken away.
JOHN HENRY WARD . I am the son of Mr. Ward, and Mrs. Ward's stepson, I live with her—on Tuesday evening, 3d March, I saw Mr. England on the staircase—I was in the room above the first floor, and I came down on to the landing—no man went into the room with Mr. England—I saw him go in, and when the children shouted "Murder" I went for a policeman—I should have seen if any one had entered the room—I saw Lucy Redhead come down the staircase—she held the banister with one hand, and had one hand to her chest—I then went out for a policeman, and saw Mr. Hay in the garden in front of the house, and two men with a van at the bottom of the garden—I afterwards returned—I am quite sure that before I left the house, no one had gone up but Mr. England—I did not see any marks on Mrs. King's arm—I saw her eye.
Cross-examined. Q. Were you on the stairs the whole time? A. No; I was in the parlour at the beginning—I saw Mr. England go into the room—I did not see him go up stairs—I saw him in the passage, then I shut the parlour door, and then when I heard the servant knocking at the door asking for Mrs. King, I went up stairs and saw him just opening the door to go in—I did not go into the room at all—I stayed on the stairs—I did not hear much of the conversation—I went for a policeman as soon as I heard the screams—I did not see my mother go for a policeman—I saw Lucy Redhead standing against the door—I came down the stairs behind her—I brought a policeman, and another had got there before me.
WILLIAM KING . I am ten years old, and am a son of the prisoner—I saw Mr. England the second evening I was at Mrs. Ward's—I did not know him before—he was in the room on the first floor—I was there, and Lucy Redhead—my mother was in the back room—Mary opened the door to him—we called Lucy Redhead "Mary"—Mr. England came in and said to my brother, "Do you know me?"—my brother said, "Yes"—he said, "Who am I?" and my brother said, "Mr. England"—he said, "Do you know what I have come for I"—my brother said, "No, sir,"—he said, "For your mother's goods that she has stolen"—I did not hear him speak to Mary before my mother came out of the back room—no one was in the room with Mr. England before my mother came in—Mr. England was then making a noise and trying to shut the door, and he took hold of my mother by the arm and struck her here (pointing to his chest), and said, "Take that," and she fell against a box—Mary then came up to the door and said, "Oh! you will kill my mistress" and Mr. England hit her here (in the chest), and she fell up against the table—my mother told me to run down for a policeman, which I did, and saw the two men and Mr. Hay coming up the stairs—I know Mr. Hay, he was not in the room when this push was given by Mr. England to my mother, or Lucy Redhead—I had screamed out "Murder" before I went down—up to that time Mr. Hay and the other two men had not been in the room.
AMBROSE KING . I am a son of the prisoner, and am twelve years old—I remember on the day this happened a knock coming at the door—Mary opened it—Mr. England came in and said, "Is Mrs. King at home?"—Mary said, "No"—he said a very bad word and "Fetch her"—he then came up to me and said, "Do you know me?"—I said, "Yes"—he said, "Who am I?"—I said, "Mr. England"—he said, "Do you know what I have come for?"—I said, "No"—he said, "For these goods that your mother
has stolen from me"—my mother then came out of the back room and said, "Mr. England, I have not stolen anything, Mr. Knight gave them to my daughter;" and then she sent me after Mr. Dobbin—I could not find the house, and then she sent my cousin with me, and we were away about ten minutes—there was nobody else in the room when we went away except Mr. England, my mother, Mary, and my two brothers—they were there when I got back, and the men were coming up and down.
Cross-examined. Q. Do you recollect being examined before? A. Yes; I gave a statement to Mr. Powell, the solicitor, before that—I can't say how long—he asked me whether anybody else was in the room with Mr. England, and I said, "No"—I am sure of that—I was not told I was to be here till I was fetched to-day.
MR. SLEIGH. Q. Were you afterwards examined as a witness at Westminister, on the trial? A. Yes; I gave my evidence there—the counsel on the other side did not ask me a single question—I was in the room about three minutes after Mr. England came, before I went away—during that time there was nobody there but Mr. England.
HARRIET WOOTTON . I am Mrs. King's niece—my mother was her sister, she died on 20th October last, and since that time I have been living with Mrs. King—we went from Clarendon-square to 78, Euston-road to live—the second day we were there, I saw Mr. England about 6 o'clock in the evening—I was washing myself in the front room on the first floor—our servant opened the door for him—she was called "Mary;" her name was Lucy Redhead—he asked if Mrs. King was at home, and Mary said, "No, sir"—he said, "Some one is at home," and he pushed in at the door, and my aunt came out of the bed-room—at that time no other man had come into the room—my aunt told my cousin Ambrose and myself to go for Mr. Dobbin, and we went directly—Mr. England was then the only stranger in the room—as I went out, I saw Mr. Hay with two men at the bottom of the garden.
RICHARD KNIGHT . My father is the landlord of the house in Clarendon-square—two or three days after Mrs. King left that house, I saw her at Mr. Dobbin's office—I do not know the time—I cannot say how long ago it was after the distress.
—DOBBIN. I am an agent, appointed by Mr. Knight, to collect the rents of his property—I remember handing over some goods which had been condemned in a distress to Mrs. Knight's daughters—that was on that same day that they removed to 78, Euston-road—I saw Mrs. King a day or two after that—it was before the 7th—I saw some marks on her—her left arm appeared to have been much blacked.
BENJAMIN TUBBETT . I am beadle of Marylebone parish, and summoning officer to Dr. Lankester—I left this summons with Mr. England, two days prior to the inquest—I told him it was a summons to attend an inquest at Middlesex Hospital, with reference to the death of a person named Lucy Redhead—he told me he could not attend for 50, 000l., that he was going to the Divorce Court, which was a superior, court to the Coroner's—I said, "Mind t have given you notice to attend."
COURT to MRS. WARD. Q. What part of the arm were the bruises? A. On the fleshy part; between the shoulder and the elbow.
NOT GUILTY .
OLD COURT.—Tuesday, July 14th, 1863.
Before Lord Chief Baron Pollock.
FRANCES KAHLER . I am the wife of Timothy Kahlar, of 8, Horace-street, Marylebone—on the night of 31st May, about five minutes to 12, I went out with a jug to get some beer for supper—I got the beer, and was coming home when the prisoner caught hold of me by the back of my dress and asked me to come round the corner with her, that she wished to tell me something very particular—I said it was rather too late to stay—then she said she would not keep me a minute, and before we got half way down Shelborne-street she stabbed me in the chin—she then stabbed me several times, once in the bead, and fourteen or fifteen times in my body, with a large carving knife, once in the neck and in the eye, and she nearly cut my hand in two—I fell down—we both fell in the passage of a house—the door gave way—she fell over me—she put her knees on my chest, it is very much bruised, pulled up my clothes, and tried to stop my mouth to prevent my screaming—I got them out again, and called murder—two men came to my assistance, and pulled her off me by the legs—she kicked me several times in the leg, and the print of the nails of her boots is in my leg now—when they were pulling her off me she flung the knife at me, and it stuck in my neck—I begged mercy of her several times—I went to Mr. Danford's, a doctor's close by—the prisoner lived for three weeks in the same house that I did—we never had the slightest quarrel—she was sober—I never saw her drunk—I did not call her names.
Prisoner. Q. Were you not always swearing at me? A. Never; I had no cause to do so—when I begged for mercy she said, yes, she would give me mercy when she had my life—I have been lying, at home ill for six weeks.
GEORGE MERRYSHAW . I am a decorator of 11, Shouldham-street—about a quarter-past 12, on the night of 31st May, I was standing at my door—I heard cries, and went to the spot—I saw the prosecutrix saturated with blood—I picked her up, and carried her to Mr. Danford's—she gave me a knife—I gave it again into her hands—I cannot speak to the prisoner.
THOMAS WILLIAMS . I am a labourer of 96, East-street—I was in Shouldham-street on the night of 31st May, and saw the prisoner hit the prosecutrix—they struggled together and fell against a street door, and fell into the passage, the prisoner on the top—I pulled her out of the passage into the street, and detained her till the police came—the prosecutrix was lying underneath the prisoner with her things very bloody.
GEORGE ALCOCK . I was shutting up a shop in Shouldham-street on the night in question, and heard cries of "murder"—I went and found the prisoner and prosecutrix struggling together in the passage of 34, Shouldham-street—I helped to pull the prisoner off—the prosecutrix was covered with blood—she had the knife—I think the prisoner was sober.
FREDERICK DANFORD . I am a surgeon in Upper Dorset-street—on the night of 31st May the prosecutrix was brought to me—she was covered with blood—I found between fourteen and fifteen wounds about her, chiefly about her neck, head, and arms, and one very large one on the hand—they were quite recent—were such as might have been caused "by a knife—I have attended her since—she is still in a weak state—none of the wounds are dangerous; most of them were superficial—there was a very great shock to the system.
The prisoners statement before the Magistrate: "I met this woman on Saturday night, and asked her to come to the Horse and Groom public-house. We were not served there, and went to another house, and got some rum, and I gave her some to drink, and then hit her with the knife. I did not mean to kill her, and I did not kick her; she was always calling me nick-names, and swearing at me."
GUILTY on the Third Count .— Confined Twelve Months .
The Grand Jury having thrown out the bill, Mr. Way, for the prosecution, of end no evidence on the inquisition.
NOT GUILTY .
MESSRS. METCALFE and ORRIDGE conducted the Prosecution.
HANNAH NEALE . I am housemaid at 6, Lowndes-square—the prisoner was kitchen-maid there for about two months—on Thursday, 21st May, she complained to me of being ill—she did her work up to 12 o'clock—about 4 o'clock I went up to her room, and found her ill—she told me she was very poorly, but hoped she would be better soon, and I left her—she said her courses had stopped for some time, and she thought they were coming on—she afterwards called me up again—I then saw what was the case, and went down to the housekeeper—I remained with her all night, and next morning the housekeeper sent for the doctor—I was present when he found the body of a child in a small box—it was locked—the prisoner told me where the key was, and the doctor opened it—I Have seen the prisoner with a razor—she used it for cutting her corns.
THOMAS DICKENSON . I am a surgeon of 33, Sloane-street—on 22d May, about half-past 12 in the day, I was sent for, and found the prisoner in bed, suffering from a flooding—I prescribed for her, and saw her again next day—I examined her, and found she had been delivered of a child—I looked about the room, and ultimately found the dead body of a female child in the box—it was apparently a full-grown child—it was wrapped up in some clothes—its throat was cut on the left side, extending right through the bones of the spine—all the vessels and nerves were cut through—at that early age there would be very little resistance of the vessels—I sent for the police, and on the following day made a post mortem examination of the body—in my judgment respiration had been fully established in the child—respiration might be accomplished before the child was entirely produced—I should say the wound had been inflicted before death—the flesh would present a different appearance if the wound was inflicted after death—the umbilical cord was broken—I cannot say whether the wound had been inflicted before or after the umbilical cord was broken—when I raw the wound I said to the prisoner, "How could you do it?"—she said, "I did not do it"—it was a clean out—it must have been done by an instrument—such a razor as I saw would probable do it—it could not have been done by the umbilical cord.
Cross-examined by MR. SLEIGH. Q. Was not your question to her, "How could you cut your child's throat?" A. Those might have been the words.
GUILTY of endeavouring to conceal the birth. — Confined Nine Months .
WALKINS PLEADED GUILTY .
MR. F. H. LEWIS conducted the Prosecution.
MARY DAY . I am in the employment of Mr. Warner, dairyman and cowkeeper, of Bartlett's-passage, Fetter-lane—he kept four cows in a stable, in Fox and Knot-court, Snow-hill—I finished milking those cows on 30th June, about half-past 1 in the afternoon—while I was there I saw both the prisoners—Walkins came into the shed, and Parr leaned against the door—they remained there about ten minutes—I afterwards locked up the stable, and took the keys with me—I made a communication to my master.
ROSA ANNA WARNER . I am the prosecutor's wife—in consequence of what Day told me I went to the stable about half-past 2—the cows were then safe—I went again about 4 or half-past, and they were gone, and the stable unlocked—I know the prisoners by sight.
Cross-examined by MR. RIBTON. Q. You had seen Parr, I believe, coming to see Walkins? A. Yes, as a friend.
WILLIAM THOMAS FAREY . I am a butcher at the New Cattle Market and at Bow—on 30th June I saw the prisoners—Parr told me there were four cows for sale at Fox and Knot-yard—I went there with the prisoners and saw them—the girl was then in the yard—we went back to the Ram Inn, and Walkins sold me the four cows for 13l. 10s.—Parr said Walkins was the owner of the cows—the cows are about fourteen years old each—13l. 10s. was their full value.
Cross-examined. Q. Which of the prisoners told you where the cows were? A. I really cannot tell, they were both together—I bought them of Walkins—he appeared to manage the whole matter—Parr had been in my employment for a week—all he did was to say that he knew where four cows were to be sold—I bargained with Walkins and paid him the money—Walkins said they were his cows, and Parr said so too—my foreman paid for them.
JAMES ALLEY . I am foreman to Mr. Farey—I went with a drover named Morgan to Fox and Knot-yard, and saw Walkins—Parr was not present then—I saw him perhaps a quarter of an hour afterwards, after the business was transacted—he was in the public-house having a glass of beer with Walkins—I paid the money to Walkins, and he gave me this receipt—Parr was not present when that was given.
GEORGE EDWIN TUNNICLIFFE WARNER. I saw my cows in Mr. Farey's possession—they might be about eight or nine years old—they cost me 26l.—I would not take 40l. for them now.
BENJAMIN ADAMS (City-policeman, 214). I went to Reading with a warrant to apprehend the prisoners—I found them there in custody—I told them the charge—Parr said they could not hurt him for that—Walkins said nothing.
LAMPREY CLARKE (City-policeman, 240). I assisted in bringing the prisoners from Reading—on the road Parr said he had never been into Mr. Farey's, or into Fox and Knot-court, and what he had to do with the cows was simply going down to Reading with Walkins.
PARR— GUILTY .
The prisoners were further charged with having been before convicted, Walkins at the Middlesex Sessions, in February, 1857, of larceny as servant. Sentence, Four Months, and Parr on two occasions, once at Reading, in February, 1854, sentence Four Years' Penal Servitude; and again on 28th
February, 1862, of Larceny, Sentence One Month. To this part of the charge they
PLEADED GUILTY.— Four Years' Penal Servitude each.
MR. DICKIE conducted the Prosecution.
ROBERT SMITH . I am mate of the Ann lying at Limehouse-wharf, Ratcliffe—about 1 o'clock, on the morning of 11th Jane, I was walking down a street in Ratcliffe, towards my ship, and met the prisoners—Robinson asked me to treat them—I said I had got no money to treat them—I turned myself round and was walking away, and I got a severe blow from a fist, and was knocked down—I felt them take my watch from my pocket—the chain broke—I seized one by the arm and one by the shawl, and she got away and left her shawl in my hand—a policeman came up, and asked me to look in my waistcoat-pocket—I did so, and found my watch had been put back—it was rather dark where I was knocked down.
Cross-examined by MR. TAYLOR. Q. Who was it took your watch? A. I don't know which of them took it; Robinson put it back—I was quite sober—I had not been to a public-house that night—I did not run after the other woman; the policeman did—they did not walk with me two yards—I have not said it was the little woman that took my watch—this is my signature to my deposition. (This stated, "The watch was taken by the little one.") I can't say for a truth which took it, for I was half-stunned with the blow, and was bleeding terribly.
HENRY HAYNES (Policeman, H 258). On the morning of 11th June, a little past 1, I saw the prosecutor in the Broad-street, Ratcliffe—he was just rising on his legs, holding the prisoner Robinson, and she had hold of him, and I saw her put the watch into his waistcoat-pocket—he had a shawl in his hand.
Cross-examined. Q. How far were you from the spot when you spoke to the prosecutor about his watch? A. It was before we removed from the spot; I said, "What is that she has put into your pocket?"—he pulled it out, and said, "It looks like my watch, but it is broken if it is"—he looked at it again at the station, and found that it was his.
ROBINSON— GUILTY .— Confined Six Months.
DAVIS— NOT GUILTY .
NEW COURT.—Tuesday, July 14th, 1863.
Before Mr. Justice Wightman.
MR. SERJEANT BALLANTINE and MR. LEWIS conducted the Prosecution.
JOHN SADLER CHALLONER . I am a share-broker, of Newcastle-upon-Tyne—the prisoner was my clerk—he left about 25th January—I had then a customer named James Oliver, who was at that time in Newcastle, and I purchased for him about 600l. worth of shares in the North Eastern Berwick Stock—the prisoner had left me at that time, but he had an opportunity of getting into my office when I was laid up—these two letters (produced) are in his writing; they are signed George Oliver, but his real name is Charles David Lloyd—I believe these three transfers (produced) to be in his writing, but do not swear to them, as it is an imitation of Mr.
Oliver's writing, but there are certain characters by which I know it—I only speak to it as far as my belief goes—I believe the signature to this statutory declaration to be the prisoner's writing; it is not his usual writing, but I can see a similarity, although it is disfigured—I have no hesitation in saying that the signature to these letters is the prisoner's. (The first letter was dated 46, Woburn-place, Russell-square, 12th May, 1863, to Mr. Cleghorn, and signed James Oliver, stating that he had removed to that address, and requesting that it might he placed upon the Company's books that in the hurry of removing he had lost the receipt of his Berwick shares, and requiring a form of declaration to he sent to his office, as he was about to go to Liverpool; the next letter stated that he had received the declaration, and wished to sell the shares through Messrs. Huggins and Rowsell, the brokers).
JAMES OLIVER . I am a private gentleman, and life at 22, Gloucester-terrace, Church-lane, Kensington—these papers are not in my writing—I never authorised the prisoner or any one else to sign my name to either of them—they are a very good imitation, particularly this one—here is my genuine signature to the certificate I received—that, I suppose, would be in Mr. Challoner's office for some time—I do not reside at Woburn-place—I did not authorise the shares to be sold, and never saw the prisoner in my life till he was at the police-court—I am still the proprietor of the 600l. stock.
JOHN DEVALL . I am an accountant, and live at Stratford—I put an advertisement in the Times, which led me to see the prisoner in the early part of May, and I engaged myself as his clerk, at a salary of 120l. a year, but the first quarter had not elapsed before this—he directed me to call for his letters at 46, Woburn-place, and I got a letter on three different occasions, which I delivered to him—I think it was on 14th, 15th, and 20th May.
Prisoner. Q. In addition to your communication with me, had you not an interview with a person named Crompton? A. Yes—he did not represent himself as your partner in a shipping agency—you sent me by letter an advertisement to insert, signed 0. & C., the joint initials of yourself and Crompton.
JOHN CLEGHORN . I am Secretary to the North Eastern Railway Co., and live at York—on 14th May, I received this letter at York—I ordered an answer to be written to it the same day, which I signed, and sent back into the office to be posted—on 15th May I received this letter marked "B," which I also answered, and sent up this form of declaration, which was made out in my office—it was afterwards returned to me in this envelope (produced)—these coupons were sent from my office by a clerk in the usual way—I know that they came out of my office.
WILLIAM CHARLES LATHAM . I am clerk to the solicitors conducting this prosecution—I served a notice on the prisoner a few days ago—this is a copy of it. (This was a notice to produce on the trial the letters to himself of 13th, 14th and 19th May, and the draft of the advertisement for a clerk.)
GEORGE WEBSTER . I am a clerk in the North Eastern Railway Office—after the receipt of this second letter, I was instructed to issue two more coupons—these (produced) are them; they are filled up in my writing, and signed 27th May—I did not direct the letter which enclosed them—I wrote the two letters to Oliver which Mr. Cleghorn signed—I did not post them.
THOMAS LEWIS BAKER . I am a clerk in the North Eastern Railway Office—I was directed to send these coupons to Mr. Oliver, and, not being aware of the alleged change in his address, I directed my letter "James
Oliver, Esq., 22, Gloucester-terrace, Church-lane, Kensington, London"—I received the coupons back again.
JAMES OLIVER . (Re-examined.) These two coupons reached me at 22, Gloucester-terrace, Church-lane, Kensington, and I returned them to the office with this letter, saying that I held the original coupons, and did not require duplicates—up to that time I did not know that any application had been made for other certificates.
GEORGE BROOKS . I am a porter at the Gloucester Hotel, Brighton—the prisoner was staying there in May, in the name of James Oliver, for about a fortnight before he was arrested—my name appears on these transfers as the attesting witness, but I did not sign it, as I told the prisoner I could not write, but I know the paper by this black ink mark here; I noticed it when the waiter gave it to me—I then took the papers to the bedroom-door, and gave them into the prisoner's hand—I saw then that they were not signed—I took up a pen and ink with me—there was nobody in the room with the prisoner, and I left the papers with him—I was called up again, received them, and gave them to a messenger in the coffee-room; the prisoner said that I was to apologize to Mr. Wilkinson for having kept them so long, but he could not see him then.
Prisoner. Q. When you brought them up to me with a pen and ink, you asked if you were to wait while I signed them? A. You sent me down to the messenger to say that you would come and see him in a few minutes—you afterwards sent for me, and told me to apologize to Mr. Wilkinson for having kept them so long—my name is not on the transfer—I did not see you sign it because you closed the door.
COURT. Are you sure these names were not signed before? A. No; I saw them blank as I took them up stairs, and when I took them down the wet black ink was on them—James Hamer is the coffee-room waiter—I cannot say whether this is his writing, as I cannot read.
WILLIAM WILKINSON . I assist my father as a share-broker at Brighton—on 25th May, the prisoner called at the office—he was a perfect stranger—he gave us instructions to sell 600l. North Eastern Berwick Stock, for immediate settlement, for money instead of for the settling day, and said that the coupons were in the railway office—he gave his address, James Oliver, 46, Woburn-place, and said that he was stopping at the Gloucester Hotel—Messrs. Huggins and Bowsell caused a telegram to be sent to the Company—they are our agents—they made out these transfers, and sent them to us—I took them to the Gloucester Hotel in blank, and waited while they were taken up stairs—I received them from the last witness as they are now.
Prisoner. Q. I was previously aware on what morning, and at what hour I should receive those transfers, was I not? A. On what morning, but not at what hour—I recollect your saying that you were not an early man at getting up—I was kept considerably longer than was necessary for three signatures to be attached to a document.
CHARLES HAWKER . I am superintendent of police at the North Eastern Railway at York—from information I received, I proceeded to Brighton with Sergeant Clark on 2d June—I went to the Gloucester Hotel, and saw the prisoner in his bed-room—I asked him if his name was James Oliver—he said that it was—I asked him if he had been writing to Mr. Cleghorn, of York, respecting 600l. North Eastern Berwick Stock—he said, "Yes"—I asked him if he was the holder of any Berwick stock—he said, "Yes; I am"—I said, "Did you ever reside in Kensington, Gloucester-terrace?"—he said, "Yes"—I said, "I very much doubt that, because I have been to
Gloucester-terrace and have seen Mr. Oliver, who still resides there, and I have also seen the coupons which he now holds, and he has never authorized any one to sell them, neither does he wish to sell them"—he said, "Indeed, that is very odd; there must be some great mistake; but, however, I can very soon clear that up"—I said, "Can you do so?"—he said, "Oh, dear, yes"—I said, "Well, to do so, you will have to go to London with me"—he said, "Very well, with pleasure"—Sergeant Clark took him in custody.
GEORGE CLARK . I am a detective-sergeant of the London police—I accompanied Hawker, and took the prisoner in custody—I searched him, and found this contract note on him for 600l. stock, and two three penny pieces—I also found a carpet-bag with his collars in it.
WILLIAM WILKINSON (re-examined). This contract note is in my writing—the money was not paid, as a stamp was necessary—610l. was the balance to be paid to the prisoner by us when we received it in due course of business—we receive these transfers from our agents in London—when signed, we send them back to our agents, who forward them to the railway company—the money would be paid after the registration—after they were found to be genuine, and the other certificates had been returned, the brokers in London would send the money to us.
JOHN WILLIAM HUMPHREY . I am second clerk at Bow-street Police-court—the signature to this document is not in the writing of Mr. Henry, the Magistrate—I cannot say whether it has been sworn at Bow-street—we do not stamp declarations—there is a slight resemblance to Mr. Henry's writing, but he always signs his name very clear, and this is very thick, and here is J. P. after it.
Prisoner's Defence. I do not deny having written the two letters to the secretary, and am ashamed to say with a fraudulent intent, but there my crime ceases. An examination of the declaration will show that there is a marked difference in the writing of that and the letters; the words, "Bow-street, Police-court" are different; I delivered that paper to Crompton, who appears to have escaped, and he affixed these signatures, and placed the words "Bow-street there." With regard to the three deeds, I believe there is a question whether they are legally forgeries; Mr. Lewis has given it as his opinion, that the case resting on the transfers alone would not stand, and for that reason the charge of forging the declaration is brought before you; but although the transfers were carried up to my very bed-room door, I will show that they were not forged by me, for after sending the porter away from the door, I took the three documents to Crompton's bed-room, and he affixed the signatures; he is proved to be not an imaginary accomplice, but to have existed. If you will examine the signatures to the deeds and the declaration, you will see a marked difference between them and the letter to Mr. Cleghorn; of course they are somewhat similar; they are intended to be; the reason is obvious.
GUILTY .— Five Years' Penal Servitude.
MARIA SPINNER . I am married, and live at 6, Alsop-place—the prisoner lived in the same house with her husband—they occupied the second floor back—on the night of 10th June, about 8 o'clock, I heard a crash at the back of the house—I went out and found the prisoner lying outside on the stones in her night-clothes—I had seen her between 5 and 6 o'clock, when
she came down to fetch her little boy up to have his tea—his name was Charles Albert—he was two years and three months old—he was afterwards found dead—I raised an alarm, and the prisoner's husband came—she was carried into my front parlour, and laid upon the sofa—she did not speak, and I thought she was dead—she was insensible—a surgeon was sent for who came shortly afterwards.
Cross-examined by MR. SLEIGH. Q. While she was living with you did she always behave with great kindness and tenderness to the child? A. Yes; she was an affectionate mother and wife in every point—she is in the family-way now.
MARY ANN PAYNE . I am sister-in-law to the prisoner, and live at 8, Union-place—about half-past 8, on the night of 10th June, I went to 6, Alsop-place—my brother fetched me there—he is the prisoner's husband—I went up stairs with him to get some blankets—I took the child out of the bed, and then saw a wound in his throat—I dropped him, and screamed—he was dead—his throat was completely open.
Cross-examined. Q. Do you recollect her being confined with her first child? A. Yes; this was the first; she has not had one since—she was in a very low and depressed state during her pregnancy—I saw her on the Sunday previous to this, and she appeared very low-spirited—she had, I believe, a particular horror of knives and razors—she has always been the fondest of mothers to this child.
MR. LILLEY. Q. You say that you believe she had a horror of knives and razors, how do you know it? A. From a person who lived in the house—I never heard the prisoner express that horror.
WILLIAM SEDGWICK . I am a surgeon, of Park-place—on the evening of June 10th, I was called to 6, Alsop-place, and found the prisoner lying on the sofa in the front parlour, totally insensible—I examined her carefully all over to ascertain whether any of her bones were broken by her fall—she had received severe injuries on both legs, but no bones were broken; also injuries on the arm, and slightly on the head—she continued insensible seven or eight minutes after my arrival, and I directed treatment, under the influence of which she revived—I then inquired how she met with the injuries—she said that she had fallen off the doorstep on to the paving-stones, and injured herself—I asked her if she knew anything with regard to her child being dead—in the first instance she did not appear to know that it was dead, but afterwards she muttered something about having killed it, though she was rather incoherent—she had no recollection of having fallen or thrown herself from the window—she was sufficiently sensible to recollect antecedent facts, but she did not recollect the attempt made by cutting her own throat, or the attempt made by swallowing laudanum—as soon as she was sufficiently recovered to be left, I went up to the second floor back room—I found the bed-clothes thrown down to the foot of the bed, and the body of the child lying on the side of the bed, with its throat cut completely across, and a pool of clotted blood in the centre of the bed—the body was warm, but the extremities had got cold—the wound had been recently inflicted—I sent information to the police; a constable came, and I saw him pick up a common table-knife, which had blood on it, but it appeared to have been wiped, and we found the paper that it was wiped with—I went to the open window, and noticed that a small flower-pot, on one side of it, had been overset—we then went down to the back yard, and saw three little patches of blood on the paving stones—I returned home shortly afterwards, and sent the prisoner some medicine—there was no apparent evidence of her having taken
laudanum, or other narcotic poison, but a bason was brought to me by the constable which was analyzed, and found to contain laudanum—I returned at half-past 10, when the prisoner informed me that she had been for some time past in a very low and depressed state of mind—all the information I obtained was elicited from questions put to her—she said there was no cause which she could tell me of why she was so depressed—her husband was in permanent work, and a good husband, but that she had been in a very low state of mind during her first pregnancy, and was now four months gone in the family-way—I asked her where she had obtained any laudanum; she said that she had two-pennyworth of one, another two-pennyworth from another chemist, Mr. Greenish, and had called on a third chemist, and could only get one pennyworth from him—she said that her child was with her at the time—she had taken him out with her in the afternoon, and returned with him to her lodging, and left him down stairs at play with the landlord's children—that she felt ill and depressed, and afterwards called the child up from below before she went to bed—both she and the child were undressed—she said that the child was out with her all of the time—she had no recollection at any period of throwing herself from the window, nor did she repeat the observation about falling off the doorstep—there is scarcely any doorstep, not anything which would injure her by a fall.
MR. LILLEY. Q. Was there any mark on her throat? A. There was a slight mark of a knife having been drawn round her throat, bat it did not extend through the skin.
Cross-examined. Q. It was not deep, was it? A. It was very superficial, but quite recent—laudanum has not only a narcotic effect, but it will produce something analogous to insanity—pregnant women are sometimes in a morbid or deranged state of mind, lasting only during pregnancy, and recovering themselves afterwards—the prisoner is four months gone—there are, no doubt, cases recorded in which persons in that condition have inflicted deadly acts, on persons most near and dear to them—the low, depressed condition, which has been deposed to as having existed in the former and the present pregnancy, would be indicative of that state of mind.
MR. LILLEY. Q. You say that laudanum will produce something analogous to insanity, does not that depend on the condition of the person who has taken the laudanum? A. It depends upon whether it enters the system—it would disturb some persons' minds, but not others—there is no evidence that the laudanum had entered the prisoner's system—it was rejected from the stomach immediately, and not absorbed, which is indicative of previous delirium in the patient.
ALBERT HAMMETT (Policeman). I have heard all Sedgwick's evidence, and confirm it—I told the prisoner she must consider herself in custody on a charge of causing the death of her child—she made no reply at first, but afterwards she said, "I know what I have done; I have killed my darling; I do not know what made me do it; I must have been mad"—she said that she had taken the poison first, and thrown herself from the window afterwards—she said several times, "Where is Charley?"—I searched the bed-room, and found a bottle and glass on the table, and on a small table a washhand-bason containing vomit, I took them to Mr. Sedgwick—the secondfloor window is twenty-four or twenty-six feet high.
Witnesses for the Defence.
ANN WILTSHIRE . I am the wife of Francis Wiltshire, a coach-painter—we lived for several years in the same house with the prisoner—I remember her giving birth to the child—previous to its birth she frequently came to me
trembling, and said that she was in such dreadful low spirits, and asked to sit down—I said, "What is the matter?" and she said, "Nothing"—her husband was kind and affectionate, and in good work—she was in the family-way another time, and miscarried—she was then in such a terribly depressed state that they sent her to the country—she recovered her spirits after the miscarriage—at other times, when she was not in the family-way, she appeared like ordinary people—during her present pregnancy she has been in the same low state, but I have not seen so much of her—she could not bear the sight of knives and sharp instruments—I have even seen her look them away—she has always been a most affectionate and kind mother to the child.
MR. LILLEY. Q. Did she come to you in low spirits several times? A. More than once; perhaps once a week during her pregnancy.
MRS. CLARK. I am a widow, and am the prisoner's mother—I live in David-street, Marylebone—she frequently complained to me during her pregnancy, of depression and lowness of spirits, which there was no cause for—when the child was born she was as usual—just before this happened she was in the same depressed state as when pregnant the first time—there was nothing to account for it—she will be twenty-two years old next August.
MISS CAROLINE BLUNT . I live in Upper Gloucester-street—I exert myself among the humbler classes for the Rev. Mr. Reed—the prisoner was consumptive, and has complained to me of being depressed—there was no cause for it—she was a most devoted wife, mother, and daughter—in consequence of that depression of spirits, I caused her to be sent out of town twice.
MISS MARY ANSON . I interest myself among the poor, and have known the prisoner for years—she always appeared to me to be very depressed and desponding without any reason at all—she always appeared extremely fond of her husband and child—I assisted in sanding her out of town at one time in consequence of her extreme depression.
HENRY CLARK . I live in David-street, Marylebone—the prisoner is my sister—I have noticed since she has been married that she has been at particular times in a very low, depressed state—I have noticed her crying at times, and being very low in spirits—there were no domestic annoyances to account for that—often when I have been shaving of an evening, she has seen me with a razor in my hand, and has said, "Oh, brother!" and rushed out of the room, and she has come into our room, and asked us to let her remain while her husband was shaving.
JOHN ROLAND GIBSON . I am surgeon to the goal of Newgate—I have heard the evidence given to-day—it is the fact that when women are pregnant, they are much more subject to depression—that morbid state of mind is sometimes suddenly developed into a state of insanity, and they destroy the nearest and dearest to them—I have seen the prisoner, and in my opinion this act was committed in a paroxysm of insanity.
NOT GUILTY. being insane.
MESSRS. BESLEY and WILLIAMS conducted the Prosecution.
JOHN ABBOTT . I am a messenger of the Court of Bankruptcy—I produce the proceedings in the defendant's bankruptcy, on his own petition: the date of the adjudication is 2d September, 1862; the last examination is 19th March, when it was adjourned sine die—the accounts were filed on June 11—there was a creditors' assignee appointed.
ARTHUR LETELLIER . I am in partnership with my brother in Old-street, St. Luke's, as veneer merchants—I have known the prisoner some time, and had business transactions with him—in June last year he owed us about 40l.—in June, July, and August that year I supplied him with goods amounting to between 14l. and 15l.—the last goods were supplied on 20th August; they were five walnut veneered table-tops, value 3l. 10s.—at the time we supplied them, we were holding a dishonoured acceptance of his for 36l. 16s. 2d.—this is it (produced)—it was dishonoured on 18th June—we have taken proceedings against him in an action to recover that—this (produced) is a copy of the writ I issued—it is dated 18th August—I went to his premises about 29th or 30th of August—there were some walnut planks, deal planks, and mahogany veneers in an unmanufactured state: some unfinished loo tables, and three or four cabinet-makers' working benches, with the screws and necessary apparatus for working them—I put the value of the property I saw there at between 30l. and 40l., it was 30l. at all events—I went again, two days before the bankruptcy I think—I appeared at the different examinations at the Bankruptcy Court—on 20th August the defendant owed me some money, and said that he would give me 20l. next Saturday, and therefore I let him have the goods.
Cross-examined by MR. BEST. Q. You had a judgment against him I suppose, at the time you let him have these goods? A. Yes; I had confidence in him—I sued him on 1st September.
JOHN AUTOT . I am a cabinet-maker at 47, Huntingdon-street, Kingsland-road—I was in the defendant's employ at the time of the bankruptcy—an officer was put in on 1st September—there was a van at the door, and some goods were put into it, by a man the defendant employed—I saw 4 mahogany boards, 8 deal planks, 4 leaves of half-inch walnut, 12 coffee-table tops, 2 loo tables unfinished, 15 or 16 hand-screws, apparatus for laying the tops with, for pressure on the veneers, and 2 benches; put into the cart—the defendant then told me to take them to Mr. Slaney, a publican and cabinet-maker, at Brett's-buildings, and say that I had brought the things from Mr. Victor—I went with the carman to Mr. Slaney's, and the goods were packed on his premises—the half-inch walnut plank which was taken away in the van, was bought of Mr. LeTellier—I told Slaney I had brought the things from Mr. Victor—he said, "All right"—I remember that the defendant used to deal with Mr. LeTellier—two or three days afterwards I told the defendant that I had taken the goods to Mr. Slaney—about 4th December, a messenger came from the Bankruptcy Court, and I saw him making notes in a book—the messenger said to the defendant, "Is that all you have got?" he said, "Yes, that is all I have"—a fortnight after, he gave me a sovereign, and told me to go to Mr. Slaney's, and bring those things back again—I went, and Mr. Slaney did not seem inclined to let me have them, but I gave him the sovereign, got the goods, and took them back to the place I brought them from—I told the defendant that Mr. Slaney was rather dubious in letting him have the things, but that when I said I had got a sovereign for them, he said that it was all right—some of the goods were finished, some unfinished—the defendant bought material and sold it too.
Cross-examined. Q. Did not you think there was something wrong. A. Yes; but I did not want to know about it—I might have told the messenger there were things somewhere else, but I did not know but what he had sold them—it was a long time after I took the things back, that I first told anybody about this—I discharged myself—the defendant never said that I was robbing him—I told this to Mr. Le Tellier, after I was discharged—it
never entered ray head before, to mention it to any one—I only made a note of it in my head—I had taken out goods a month or two before, but only to Mr. Slaney—they were finished goods.
JOHN SLANEY . I am a cabinet manufacturer, of 1, Brett's-buildings, and a timber merchant, and licensed victualler—I have a timber yard at Queen-street—on 1st September, Autot brought me some goods—I made this memorandum of them at the time (produced) it is all my writing except the signature—there were 4 boards of Honduras, 8 coffee-table tops, 2 bench boards, and 4 walnut quartern, 7 pine planks, and 1 bench—it was the collection out of a little cabinet-maker's shop—I saw the apparatus for veneering, and there was a common bench with deal screws, worth about 3s. 6d.—I gave 5l. for them, and gave the defendant a cheque for the money, which he got changed by a publican—It was presented at the bank torn in two pieces, therefore they referred the gentleman who brought it to me, to get a new one, but instead of that, I gave him the money—I do not know whether I tore the cheque up—I was not repaid the 5l. afterwards—I sold them for 6l., and delivered them to a man named Jack, who came for them and gave me a sovereign; 5l. having been paid to my son in my absence—this was seven or eight weeks after I purchased them.
COURT. Q. Who was the purchaser? A. The bankrupt came to me seven or eight weeks after I purchased them, and said that he had got a friend who would purchase the goods—I wanted 6l. for them, he offered me 5l. 15s.—I would not take it, and he left, but next morning he sent the money—I delivered all that I received, as far as I recollect—4 quarter pieces were left behind, but Jack came for them.
Cross-examined. Q. Did you give the full value for them. A. Yes; the bankrupt wanted 7l. for them, I gave him 5l.
MR. BESLEY. Q. Have you been acquainted with Victor? A. Yes; I have had numerous transactions with him, but have never been to his place—I must have seen him once between my getting the goods, and returning them, and I may have two or three times—I did not know about the bankruptcy, or I should not have purchased them—I knew of it two or three weeks afterwards.
RENE MONPION . I am a coach builder of Nichol-square, Hackney-road—I have known the defendant about five years as a cabinet-maker: ever since he has been in this country—on, I think, 15th August, I purchased of him some walnut planks, and veneers unfinished—he gave me this receipt (produced) I never bought anything else of him.
Cross-examined. Q. Were you pressing him for money due to you, at the time of the purchase. A. No; he owed me a few pounds—I paid the whole amount of this purchase in gold and bank-notes, and after I had paid him, he paid me 7l. or 8l.—I also applied to him to pay 3l. 15s. to another person then present and he paid him—he paid me 7l. 10s. or 8l. out of the transaction, not more—it was money which I had lent him.
COURT to JOHN AUTOT. Q. What was the value of the goods you took to Slaney. A. I should think 15l.—after I had cleared them away from Slaney's, there were 4 half-inch leaves of walnut left, value 21s. or 25s.
MR. BEST. Q. Do you not know that the bankrupt's friends purchased some of the goods from the bankruptcy. A. Yes; but they were only rubbish.
MR. BESLEY. Q. What was paid? A. 3l. 10s., I paid it myself—there was only a lot of rubbish left on my master's premises—the whole of the things left, were sold by the bankrupt's permission, to his friends.
NOT GUILTY .
THIRD COURT.—Tuesday, July 14th, 1863.
Before Mr. Recorder.
MR. RIBTON conducted the Prosecution.
MARY KIRBY . I reside at Ruyslip, North wood—on Wednesday night, ✗0th June, my house was fastened up and made secure, between ten and eleven o'clock—my sister and I were the only inmates—my sister is afflicted and generally unwell—about half-past twelve I was going to her bedroom and I heard the breaking of a window—I threw up my window, looked out, and gave an alarm—I did not see any one—shortly after that I heard another crash, upon that, I ran down stairs, and went out at the front door into the garden, and the door closed after me—there were some cottages at the bottom of the garden, and I called to the inmates to come and assist me—I waited there some time, and three of them came up with me—one of those was the prisoner's father—the prisoner had lived in my service—one of them got through the window over the porch that had two panes broken and one cracked—on entering the sitting-room, we found it very much disordered—a table turned over and different things on the floor—we then went into the dining-room, but we did not see anything there at that time—we went up stairs, and in my bedroom there were three chairs overturned, the looking glass drawn to the edge of the table, and the counterpane and the curtains very much soiled—I had money which I kept in the drawers in my bed-room—that had not been disturbed—we then came down and went up again, and on coming down the second time, we heard some one breathe in the dining-room—a person named Tyler, went in and found the prisoner there—I saw him myself in the corner of the room—the table always stood in the corner, and it had been moved away, and he had got between the table and the corner—there was a large coal-scuttle there—he was between that and the wall—I declined to give him into custody at that time—his father had been protecting me, and finding that this man was his own son, my feelings overcame me at the time, and I refused to give him in charge—on my pointing out to the prisoner the breakage of the windows, he said he was willing to pay the damage—I told him the money was no object to me—I ultimately took the money—I gave no guarantee that I should not prosecute him—I said I should prosecute him afterwards if I thought fit—my sister was in another bed-room, not in the one I have spoken of.
Cross-examined by MR. BESLEY. Q. Was your sister's room at the top of the house? A. No; on a level with mine opposite—the window I called out of, was in the front of the house, and the one that was broken, was at the back of the house, on the landing—I had no light when I came down—I left it in my room—there was no light in my sister's room—the disorder in the rooms was such as might have been caused by a drunken person in the dark—I noticed that the prisoner's hand was cut—he was bleeding, he had also been vomiting a little in the dining-room—he left my service about four years ago—I have employed him once or twice on my premises since—I have known him all his life—he has always born a good character—I have heard since, that the rector's daughter was married on the day in question—I do not know that festivities were going on in the place—I did not prosecute until some gentleman named it to me, and said that if I did not, he should send to London: I then considered it my duty—at the time he interfered
I had taken the 15s.—I addressed the prisoner as "Joe"—his hat was found on the lawn—there were two or three shillings lying on the table in the parlour I think—that was untouched, but drawn down on the floor with the cloth and glasses—none of the drawers were tampered with—there was a good deal of surprise when we found out who it was who had entered the house.
HENRY CRAFT . I live within 100 yards of Miss Kirby's house—I heard the alarm and went to assist her—I got a ladder and got in at the window which is over twelve feet high—there was a water-butt at the window—a man could get from the water-butt to the window by stepping on to the porch—the window was thrown up, and the panes broken—I undid three doors and let them all in—we afterwards found the prisoner lying down in the corner of the dining-room—he said he was drawn in by a man—his father was there, and Miss Kirby said, through kindness to him, she would not give the prisoner into custody.
Cross-examined. Q. How long have you known him? A. From a boy—I have seen no harm in him—he is a steady young man—we found a candle lying on the gound extinguished.
MR. RIBTON. Q. Had it been alight? A. Yes; it was on the landing, at the bottom of the stairs.
FREDERICK TYLER . I went to give assistance, and got in by one of the doors—I found the prisoner in the corner of the parlour—the table was upset, and he was lying on the legs—I was obliged to remove the table—I said, "It is Joe Field"—he did not answer then—he said in the passage it was not him that did it; he was coming down the lane, and saw a man getting over Miss Kirby's gate; that he caught hold of his legs, and the man dragged him over the gate, and then to the water-butt, and then up the water-butt, into the house; of course, I could not believe that.
Cross-examined. Q. Do you mean there was anything concealing him? A. Yes, partially—I was obliged to move the table before I could get at him—he could be easily seen on entering the room with a light—I have known him about eleven years, and all that time he has borne an exemplary character—I heard of the marriage of the rector's daughter—the people were not enjoying themselves that I am aware of—the prisoner had been drinking.
ALFRED HOPGOOD (Policeman, T 171). I went to Miss Kirby's house—I proposed to take the prisoner into custody, and Miss Kirby said she would not give him into custody on account of his parents—he was the worse for drink, but was quite sensible; he knew what he was doing.
GEORGE HUTCHINGS (Police-sergeant, T 31). Miss Kirby gave the prisoner into my custody on the Friday—I told him the charge—he said, "It is drink that has done it"—I found two cuts on his hand, and found blood in different parts of the house.
MARY KIRBY . (Re-examined.) I had left two candles up stairs, and they had both been brought down—I am quite sure that I did not bring one down—it was about half an hour from the time I first gave the alarm till the time I came back from the cottages, but the candles were removed from my room directly I left it—I looked up at my window, and saw the light removed—there was a catch to the window on the landing.
NOT GUILTY .
MESSRS. COOKE and POLAND conducted the Prosecution.
GEORGE DREDGE , Junior. My father keeps a public-house, in Idol-lane, Tower-street—on 16th June, the prisoners came there—one, I am not certain which, asked for a screw of tobacco, and put down a shilling—I put it in the detector, and it bent—Wilson, I think it was, then said, "Here," and he took it from my hand, and gave me a threepenny-piece, and I gave him change—I pointed the prisoners out to my father, and he looked at them—they left, taking the shilling with them—I am positive it was a bad one by its bending—on 23d June, I saw them again at my father's—I am quite sure they are the same men.
GEORGE DREDGE . I saw the two prisoners in my house on 16th June—they were pointed out to me by my son—I am quite sure they are the men—on 23d June, I saw them at my bar again—the assistant had just served them with a pint of beer—I took up a shilling which was by the side of the beer—I said, "Whose is this?"—I believe Hewitt said, "It is mine"—I bent it in the detector, found it was bad, leaped over the bar, and said to the prisoners, "I shall require you to stop here, as this is the second time you have endeavoured to pass money in my house"—they denied knowing each other—I sent for a policeman, and gave them into custody with the bad shilling.
JAMES BISHOP . I am a wine cooper—I was at Mr. Dredge's house on 23d June, and saw the prisoners—Hewitt called for a pint of beer, and put a shilling down—Mr. Dredge picked it up and said it was bad, and that he thought he knew them before—Hewitt then attempted to get out of the house, and Mr. Dredge got over the counter and brought him back—they said they did not know each other.
HENRY WILLIAMS (City-policeman, 582). The prisoners were given into my custody with this bad shilling—Hewitt was searched, and six pennyworth of coppers found on him, and on Wilson 2s. 6d. in good silver.
Hewitt's Defence. I know nothing about it.
GUILTY .*— Confined Twelve Months each.
MESSRS. COOKE and POLAND conducted the Prosecution.
ELIZABETH SMITH . I live with my mother, who keeps the Horse and Groom beer shop, at Pimlico—I am twelve years old—on Thursday, 4th June, I saw the prisoner at my mother's, with another man—he asked me for a pint of ale—I served him, and one of them gave me half-a-crown, which I took to my mother, and I put the change down on the counter—I don't know which took it up—they both left together—I afterwards saw the prisoner again alone—I served him with a pint of ale—he gave me half-a-crown—I took it to my mother, and said something to her, and she spoke to the prisoner.
ANN SMITH . On 4th June, my little girl gave me a half-crown, which I put in my pocket—I had no other there—she brought me a second half-crown about an hour after—I examined it, and found it bad—I came out, and told the prisoner it was a bad one—he said he had just taken it from his master; he was sorry he had drank the beer, for he had no more money to pay for it—I gave him the bad half-crown back, and he left—soon afterwards I examined the first half-crown, and found that was bad—I then
went and found a policeman, and the prisoner was taken—I gave the policeman the half-crown.
JAMES HOOD (Policeman, B 291). The prisoner was given into my custody by Mrs. Smith, with this half-crown—she said she had handed the prisoner back one, and he said, "Here it is," and gave me this one—I found 5d. in copper on him—he said he had come from the country the day before, and slept at a house in Orchard-street, Westminster, but he did not know the number.
Prisoner's Defence. The night this job happened I had been helping unload a barge, and the captain gave me this half-crown. I did not know it was bad.
GUILTY — Confined Nine Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
ANN THORNLEY . I keep a stationer's shop in the Broadway, Westminster—on Saturday, 4th July, about 2 o'clock, the prisoner came to my shop for a pennyworth of paper, and gave me half-a-sovereign—I gave him 9s. 11d. change, and he left—I put the half-sovereign in the drawer where there were three others—I put it in the middle of the other three—I noticed the position—a few minutes afterwards I went to the drawer and found it was bad—I then kept it by itself—about two days afterwards I saw the prisoner pass my shop—I knew him again, and sent somebody to bring him back—I showed him the half-sovereign, and told him that it was counterfeit—he said that he was not aware of it, and that his father gave it to him—he said his father was at a public-house, and my clerk went out with him to find his father—he did not return to my shop; he went to the station—I gave the half-sovereign to a police-constable.
JOHN FEVER (Policeman, A 255). I received from the last witness this counterfeit half-sovereign—the prisoner said his father was in a public-house, and I said I would go and see where it was—I went with the prisoner to the White Horse, which he pointed out, but there was no one there who knew anything about him—I searched him, and in his right hand I found another counterfeit half-sovereign, which I also produce—he had no other money on him—I took him to the station—a person whom he called his brother accompanied us—we first met with him in Orchard-street—at the station the prisoner said that his brother gave him the money, and he gave his brother the change, and that his brother chucked the note paper away—the brother said he knew nothing at all about it—the prisoner afterwards told me his father gave him the half-sovereign.
Prisoner's Defence. All I can say is, my brother gave it to me to get a pennyworth of paper; we went to Paddington, and when we came back he asked me if I would go and get him some stamps with the other half-sovereign, and just as I was going in, the young man ran out, and said I had given a bad half sovereign, and I said my father gave it me; I did not know what I said; directly my brother saw the man come out he ran away to the White Horse, and when he saw the policeman, he followed me up to the station.
COURT (to JOHN FEVER). Q. Did you see the brother running? A. I did; near the public-house—directly I came out I saw him—they did not
speak till they got to the station, when the prisoner turned round and said, "Bring me something to eat, will you?"—I did not know they were brothers till he said so—I saw them together about 2 o'clock in the day—the brother is about eighteen, I believe.
COURT (to ANN THORNLEY). Q. When you saw him the second time, did he appear to be coming into your shop? A. No; he walked past it.
GUILTY .— Judgment Respited.
896. JAMES JOHNSON (22), and HENRY GRIMSHAW (22), were indicted with JOSEPH VALENTINE (not in custody), for stealing 3 beds, value 12l., and other goods value 5l., of William Wandby King, in his dwelling-house. (See page 234.) MR. ORRIDGE conducted the Prosecution.
FRANCIS INGHAM . I live at 9, South-crescent, Bedford-square, and am agent to the administrators of the estate of Mr. William King, who is dead—in April, 1862, I had charge of some furniture at 27, Brunswick-place, City-road, where Mr. King's brother had lived—he left a few days previous—it was part of Mr. King's estate—about the 2d or 3d April, a part of the furniture was removed by my direction; and three feather beds, an armchair, a looking glass, and other articles left on the premises—I fastened up the house and took the key with me—about two days afterwards I heard that the place had been broken into, and amongst the things stolen were the looking-glass, and the three feather beds—there were other things taken; altogether, of the value of about 30l.—I could see nothing to lead to any other conclusion than that the lock had been picked—the street-door was locked.
JOHN YATES . I am a convict undergoing penal servitude at Millbank—I was convicted here about six months back—I formerly lived at 86, Wheeler-street, Spitalfields, and afterwards at 24, where I had a boot and shoemaker's shop—I know the two prisoners; they came to my place in April, 1862—I should think about 2d or 3d of April, as near as possible—I was out on the occasion, but when I came home I found three beds had been left and a set of scales—shortly after I came back, I saw Johnson, Grimshaw, who is called "Six Toes," and another man I had never seen before with a barrow, containing a box, some books, a desk, and a looking-glass, and other things—Grimshaw asked if I would buy them—I told them I would find a buyer for them, and asked what they wanted for them—they said, "Three quid"—I went and fetched the man Joe Valentine, who used to buy things of me—I told him they wanted 3l. for them—he went up stairs to see the articles and then came down into the shop, and said, "Three quid is too much"—Grimshaw said to me, "You can have them for 2l. 10s.,"—and Valentine said to me, "Then I will give you 3l. for them," so I got 10s. by them—I paid 2l. 10s. to Grimshaw, Johnson, and the other man, and they shared it amongst them—I know a deaf and dumb man named Cutler, he used to work with me—I don't believe he was in the place at the time this was going on—I don't know whether he was or not—I asked him afterwards to carry a bed for me to Valentine's in Gibraltar-walk—my wife carried the scales to Valentine's—this looking-glass (produced) is the one the prisoners brought, and the books too—I don't know where the books went to—I gave the box to the deaf and dumb man for carrying the bed.
Cross-examined by MR. PATER. (For Grimshaw) Q. How long have you been a receiver of stolen goods? A. I should think from three to four years—the dumb man has not assisted me in that, poor fellow—my wife and my wife's sister, Emma Smith, have been my chief helpers—she was my servant
at that time—she had been with us three or four months—she was innocent of all that was going on—of course I knew all about it—I knew where the things came from—I won't say whether my wife was or was not present on this occasion—I believe she was in the room—I cannot speak positively.
JANE YATES . I am the wife of the last witness—I know the two prisoners, one is called "Six Toes"—I know a man named Joe Valentine—in the month of April, 1862, the prisoners were at our house every day—I remember their bringing some beds with them one night—my husband was not there the first time—they came again and brought a box on a barrow, containing books, and pictures, and several different things—I recognise this looking-glass and the books—I kept the glass for myself, and I left the books for my aunt's children to read—my husband sent me to sell the pictures and I sold them—my husband went and fetched Valentine to see the beds, but I did not stop there—I was not present at all—I carried the scales to Valentine's with the dumb man, who worked for my husband—he carried a bed with me—I sold the books at a book shop in Brick-lane, Spitalfields.
Cross-examined. Q. Who was at your house besides your husband and Valentine? A. My sister, Emma Smith, and another sister, Frances Smith, and a little servant girl, named Nicholls—one of my sisters worked for Mr. Webb, White Lion-street, and the other works at dressmaking.
MR. ORRIDGE. Q. Is there a picture there? A. Yes; I gave this picture to one of my aunts, Mrs. Amore's children, and this book also.
ESTHER AMORE . I am the wife of George Amore, a box and packing-case maker, and am aunt to Mrs. Yates—I produce this picture and book—I received them from Mrs. Yates—she gave me this and one or two other pictures for my children to play with, and lent them the book to read—she said she was going to sell the pictures but could not—I have seen Johnson once or twice at Yates' house.
Cross-examined. Q. Can you say upon what occasion you saw him? A. The last time I saw him was when the baby was dead—he showed it to me in the coffin—I don't know when that was—Mrs. Yates can tell that.
BRIDGET NICHOLLS . I am fourteen next birthday—about fifteen months back, I lived as servant to Mr. Yates—I know Johnson and "Toes"—I have seen them at Mr. Yates'—I remember, in April last year, their bringing three beds, a box with pictures and books in it, and a looking-glass, to the house—this is the looking-glass, and this is one of the pictures—there was more than one—there were three beds, one was like a mattress.
Cross-examined. Q. Are you in service now? A. Yes; at Mrs. Abraham's, at 10, Swan-court, Petticoat-lane—I do not recollect the date I left Mr. Yates—I have not had any conversation with Mrs. Yates about this matter—the policeman, Samuel, and Mrs. Yates came to me in Petticoat-lane last night—I saw Mrs. Yates once before that, about a fortnight or three weeks ago, with her mother-in-law—she asked me if I remembered anything about goods being brought to the house—she did not tell me who brought them—I knew that she did not tell me what had taken place—she asked me whether I remembered John and "Toes" bringing some beds, and some pictures, and books—I said, "Yes"—that was all she asked me—she told me I should have to be examined as a witness, and that I should have to state that John and Toes had brought some beds, and a looking-glass, and some books to the house—when they came last night, they remained about three-quarters of an hour, and put the same questions to me—I only saw one other person bring
things to Yates' house during the time I was there—he used to come along with "Toes," and there was a foreigner with whiskers and curly hair, and another Jew man—I was in the shop, down stairs, when the prisoners came—I left Mrs. Yates because they were going away, and Mr. Yates was taken very bad, and they had to get a bigger servant—I did not go to Mrs. Abraham's at once.
MR. ORRIDGE. Q. Was the other man that came, a man with a black beard and moustache? A. Yes; I forget what he was called—I should know the name if I was to hear it—it was "Pooh-pooh"—he was convicted here—I do not know the other man's name—they told me last night that I was to tell the truth here, and what I have told you about this, is true.
Johnson. Q. When Mrs. Yates saw you, did she not give you a piece of paper with your evidence on to learn before you came here? A. No; she told me nothing at all—I did not hear what passed when the things were sold.
EMMA SMITH . I am Mrs. Yates' sister—I live in Duke-street, Spitalfields, and am a fancy trimming maker—I was in the habit of going to the house, 86, Wheeler-street—I lived there at one time, about fourteen or fifteen months since—I know the two prisoners—Grimshaw went by the name of 'Toes"—I remember their bringing things to Yates' house several times; sometimes in the day, and sometimes at night time—they brought some furniture one night between 9 and 10, that was more than a year ago—I cannot say what month it was; it was not while I was living there—I was there when they came—they brought some beds, and books, and pictures, and a looking-glass—I did not see anything else—this is the glass—I do not remember this picture, or this book.
Cross-examined. Q. You were not examined as a witness before the Magistrate, were you? A. No; I was first spoken to about this matter yesterday morning by Sergeant Baldwin, I believe—Mrs. Yates knew where I was living—she has not conversed with me about this—she lives with us—I was in the shop when the prisoners came with the beds—I was in the shop when Valentine came—I do not remember whether Mr. Yates came in with him—I had seen the prisoners before that—they were often at the shop—a good many other people called there.
MR. ORRIDGE. Q. Do you mean you had seen the prisoner before this occurrence? A. Yes; they used to bring goods to the place frequently—I believe Mr. Yates bought them sometimes.
FRANCES SMITH . I am sister of the last witness—I was in Yates' shop when the prisoners came with some beds first, and then came again—there were three of them the second time, they came back to Mr. Yates' with a box—I saw some books and picture-frames—I should not know the books again—this is one of the pictures—I knew the prisoners before as coming to Yates' house—I had seen them several times before, and saw them after.
COURT. Q. You were not examined before the Magistrate? A. No; I was fetched here yesterday morning by Inspector Baldwin.
JAMES CUTLAR . (The witness being deaf and dumb, his evidence was interpreted). I am a bootmaker, and know John Yates, who lived at 86 Wheeler-street, Spitalfields—I know the prisoners well—I have seen them at Yates' house many times—I remember carrying a bed for Yates about this time last year—I went with Mrs. Yates—I have since heard it was down Birdcage-walk—I did not know them—Yates gave me 2d., and some beer, and an old box, for carrying the bed—I did not see the bed brought to Yates' house.
Cross-examined. Q. You were in the police force, were you not? A. Yes, and retired with a good character.
ANN NORRIS . I am the wife of William Norris, a brushmaker, of Hampstead-road—I was formerly housekeeper at 27, Brunswick-place, City-road—I assisted in packing the furniture there—I remember this picture and looking-glass—I cannot speak to the book positively—they formed part of the furniture left in the house in April, 1862—they were in a box, packed up with a lot of miscellaneous rubbish—I heard afterwards that the house had been broken into, and part of the property stolen.
Johnson's Defence. That man Yates has been convicted before for stealing a carpet-bag, and those witnesses are all relations, and have learnt their story.
GUILTY .—Grimshaw was further charged with having been before convicted of felony at Clerkenwell on 2d May, 1859.
JAMES KING . I am a warder at the House of Correction in Coldbath Fields—I produce a certificate (read), "This certifies that, on 2d May, 1859, Henry Thomas was convicted, on his own confession, for stealing 31 spoons and other articles of Fanny Jocelyn, and was sentenced to be kept in penal servitude three years"—Grimshaw is the man there described—I know him perfectly well—I had him in custody on that occasion, and had known him from the year 1856.
GUILTY**.— Ten Years' Penal Servitude.
JOHNSON.— GUILTY .*— Confined Eighteen Months.
MR. LEWIS conducted the Prosecution.
WILLIAM HENRY ANDREWS . I am clerk to Messrs. Glitsenstein, wine merchants, of 63, Great Tower-street—on 7th May the prisoner called at our counting-house—I had seen him on one occasion before—he desired to purchase a hogshead of brandy—he gave the name of William Sims—I showed him a sample, which he approved of—I told him that our terms were net cash—he said he would give me a cheque in exchange for the warrant—he said that he had an account with Messrs. Mangles Brothers—on that representation I delivered the warrant to him, and he gave me this cheque (read), "London, 12th May, 1863. Messrs. Williams, Deacons & Co. On 14th inst. please to pay Messrs. S. Glitsenstein 26l. 4s. Advised by Messrs. Mangles Brothers." (Signed). "William Sims."—I presented that cheque at Messrs. Williams, Deacons & Co.'s—it was dishonoured—I parted with the warrant in exchange for this cheque, which he represented to me would be paid on its becoming due—I certainly should not have parted with it if he had not told me he had an account with Mangles.
Prisoner. Q. Who did I inquire for when I came? A. For the firm—I told you Mr. Glitsenstein was out of town, and that I could transact business in his absence—Mr. Hart was in the office at that time—he had shown you a sample of brandy before I entered the office—the price of the brandy
was 9s. 6d. per gallon—you offered me 9s.—I told you I would communicate with Mr. Glitsenstein, in Paris, which I did that same evening—you said you liked the brandy very much—you did say you could purchase it elsewhere—you called again on 11th May, when I was out, and left a memorandum—I saw you on 12th, told you I had received a letter from Mr. Glitsenstein, and that you could have the brandy for 9s. 3d.—I got you another sample, and you approved of that—you took those two samples out—you told me you wished to submit them to a friend—you said the cheque would be paid on its being presented—you told me you had an order for a hogshead of brandy for Aldershott.
Prisoner. Q. Have you seen the draft? A. Yes; I should not suppose you had an account at our bank by looking at that—I have put "No" in the corner, which means no account—if we had on order to pay Messrs. Glitsenstein we should require their signature—this is your endorsement, not theirs.
Prisoner. Q. You have a branch bank at Aldershott, have you not? A. Yes; if you had gone there and paid the sum of 26l. 4s. for Messrs. Glitsenstein we should not have advised that, unless you gave our under manager a reference to any person we knew, but not then without ascertaining that it was right—if you had paid us 26l. 4s. for Mr. Glitsenstein to Messrs. Deacons we should not have done it, without we had known you before.
MR. LEWIS. Q. Did he, as a matter of fact, call upon you? A. No.
JOHN WEBSTER . I am assistant to Vaughan & Co., pawnbrokers—I produce a warrant for a hogshead of brandy; we advanced 15l. upon it on 10th May—it is endorsed to William Sims, the prisoner—it is our habit to advance money upon commercial warrants—we do it very largely.
Prisoner. Q. I have had several transactions with you in warrants, and those sort of things? A. Yes; we have always found your dealings straightforward.
W. H. ANDREWS (re-examined). This is the warrant I delivered to the prisoner.
ANTHONY WILSON MONGER (City-detective). I took the prisoner into custody on 11th June, and told him he would be charged with obtaining a warrant for a hogshead of brandy under false pretences from Mr. Glitsenstein—he said it was no more than he expected, that he was rather deceived, he ought to have had money in the bank to have met the bill—I searched him, and found two pocket-books and six or seven duplicates for small amounts—altogether they amount to about 30s. one as low as 1s. 8d.
Prisoner's Defence. All I have to say is, that I bought this hogshead of brandy of Mr. Andrews, and it was a credit transaction, not a cash. I was to pay for the brandy on the 14th May. I told him I was going down to Aldershott, and I offered him this draft, knowing that it would be met in due course, which he took; and I feel certain that Williams, Deacons would have advanced that payment if it had been advised, and the reason it was not advised was because I received a communication from Paris on 13th May about some pecuniary affair, and I wished to raise money, and so left the warrant with the pawnbroker for 15l.
GUILTY .— Confined Nine Months.
The following prisoners PLEADED GUILTY:—
898. THOMAS REDWOOD (58) , to two indictments, one for stealing 4 boots, the property of Samuel Johnson, and the other for stealing 2 coats, the property of Wm. Hickenbotham.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
901. CHARLES POWELL (21) , for embezzling and stealing the sums of 7l. 9s. 7d., 14l. 1s. 2d. and 4l. 2s. 5d., the property of the Carron Company, his masters.— Six Years' Penal Servitude. [Pleaded guilty: See original trial image.]
905. JOHN LANGFORD (30) , to unlawfully obtaining 72 cap fronts, and also to feloniously forging and uttering a request for the delivery of goods, with intent to defraud.— Confined Nine Months [Pleaded guilty: See original trial image.]; and
906. JAMES JOHNSON (21) , to stealing 1 table-cloth, 1 jacket, and 2 dresses, the property of Richard Fulford, and 20 boxes and 300 chenille nets, the property of Rebecca Brocklehurst.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, July 15th, 1863.
Before The Lord Chief Baron Pollock.
MR. DALEY conducted the Prosecution.
JAMES DAWSETT . I live at 8, Paradise-row, Hammersmith—on 6th June, I was in the Seven Stars, Starch-green, Hammersmith—the deceased, Collins, and the prisoner were there—the prisoner threw down a sovereign, and said to Collins, "I will fight you for that to-night or to-morrow morning"—Collins said, "I have not any money, and I shall not fight you to-night; I will come to your house to-morrow morning and call you"—the prisoner, I believe, said, "I will fight you after"—a short time after the prisoner said, "I will fight you now," Collins said, "If there is ere a man in the room that will pick me up, I will fight you to-night"—a man named Simpson, who was there, said, "I will pick you up"—they went out—Simpson then said he would not pick Collins up, he picked the prisoner up, and Newell picked Collins up—I saw them fight—Collins was knocked down several times—I saw the prisoner strike him—they struck each other, and both fell—before the last round, Collins said, "I will give in"—West said, "I will fight you another round or two"—they had another round, and then they both went into the Seven Stars and drank, and shook hands together, and Collins began to sing—West then pulled his jacket off to fight Collins again, but he would not fight—I saw blood coming from Collins's head; I could not see the wound—I saw his head come on the ground—they had both been drinking—Collins was the worst of the two.
Cross-examined by MR. METCALFE. Q. Did Collins tumble and fall several times? A. Yes; and his head came on the ground pretty hard.
Hospital, at Hammersmith—on 27th June, I saw Collins at his residence, 3, Albert-place; he was in a half-conscious state—there was an incised wound on the top of his head, which was strapped up with plaster—it was just above the forehead on the right side—it might be done by falling on a stone—there were two or three other wounds, but they had quite healed—he died on 30th June—next day, I made a post-mortem examination—there was an abscess on the brain directly under the external wound—there was also a wound at the back of the head—that had nothing to do with his death—the abscess on the brain was the cause of death; and that was, no doubt, caused by a blow.
Cross-examined. Q. Did not the abscess arise in consequence of the wound not being properly attended to? A. I do not mean to say that he would hare got well if he had been properly attended to; but he would, no doubt, have stood a much better chance—there was no fracture of the skull, but the bone was exposed—this took place on the 6th, and I did not see him till the 27th—I did not notice any marks about the face.
COURT. Q. Was the wound one that could not not have been given by the knuckles? In all probability he had something in his hand at the time; but the deceased was bald where the wound was, consequently a good sharp blow with the knuckle might have caused it; it was a clean out—it is possible it might have been done with a knuckle, but not likely; it is much more likely to have been made with a stone, or something of that sort—I think it would have been a very difficult matter for the wound to have been caused by a fall, unless he fell against something, because a man does not generally fall on the top of his head—I am twenty-three years old—I am a member of the College, and of the Apothecaries' Company.
HENRY BEAL HIGGS . I am landlord of the Seven Stars—on 6th June, the prisoner and Collins happened to meet by accident against my front door—they had been drinking—they came inside and began to talk about their work—all they had at my house was a glass of ale each—Collins wanted to fight West; he said he wan a better man than him at anything—two men in front of the bar persuaded them not to fight—they began to take off their clothes—I ran round the bar and said, "I will not allow fighting here; you must fight outside if you want to fight—they went outside—in a minute or two I went out, and they were both lying down in the dirt—they were picked up—the police came up, and the men came into the house—Collins wanted to fight again, and swore with bitter oaths that he would call the prisoner up at 5 o'clock in the morning to fight—West chucked a sovereign on the counter—Collins called at my house again at a quarter-past 11 that night with one of his children.
Cross-examined. Q. Was it Collins who originally challenged the prisoner? A. Yes; he first talked about fighting—when he came at a quarter-past 11 he made no complaint—he said he should go to West and call him up at 5 o'clock, and fight it out—the road is gravel in front of my house—I have known the prisoner twenty-two months; I never knew him to be in trouble; he is head man in a brick field.
Cross-examined. Q. Was that the first of it? A. Yes; then a fight took place outside—I did not go out—when they came in, they shook hands and drank together—Collins said he should call West at five in the morning, and West said, "I shall have my breakfast first"—I did not see that either of them was hurt.
Cross-examined. Q. At the first two or three rounds, I believe the prisoner had the best of it? A. Yes; they both went down several times on to the gravel, and hit their heads pretty hard—a good deal more damage was done in that way than by blows—they were both very tipsy.
NOT GUILTY .
MR. DICKIE conducted the Prosecution.
GEORGE YATES . I live at 5, New-street, Friars'-mount, Bethnal-green—on the night of 13th June, about half-past 9, I left the house, and shut the door after me—I did not lock it—I left the place all secure—I was brought back about half-past 10 by my wife; I found my drawers all disturbed, and my wearing apparel gone—the first-floor window was open, and the middle door unbolted—the parties had gone in at the window, and had gone out at the street-door—these (produced) are my clothes—they are worth about 12l.
GEORGINA YATES . I am the prosecutor's wife—on Saturday night, 13th June, I left my house about half-past 9—I returned about half-past 10—I found the up-stairs window open, and the glass broken, and the drawers were open, the property scattered about, and some taken away.
RICHARD KERWOOD (Policeman, H 194). On 13th June, at 12 at night, I went to George-street, Spitalfields—I knocked at the first-floor front door—I could get no admittance—I burst the door in, and saw the three prisoners in the room—Hunt was in the act of getting out of the window—I caught him by the leg and pulled him back—he had on one of the coats and waistcoats belonging to the prosecutor; Walker also Bad on a coat and waistcoat—I asked them who the clothes belonged to—they said they belonged to them; they had bought them some time previously—I searched the room, and found a quantity of articles which the prosecutor has identified—in searching, I found several towels, and Dunn said, "You have no call to take them away, they belong to me"—the prosecutrix has identified them—I examined the prosecutor's premises—they had gained admittance by getting on a lower roof, and breaking a square of glass in the first-floor back room.
Walker. Q. Did not I tell you that a man named Charley Carroll had taken me up to the room to buy a coat of him? A. No.
HUNT and WALKER— GUILTY .— Confined Twelve Months. —DUNN—
GUILTY .— Confined Three Months.
MR. COLLINS conducted the Prosecution.
CHARLES MULLENS . I am a mast-maker, of 15, George-street, Limehouse—the prisoner also lived there—on Sunday night, 14th June, I had the clothes stated in the indictment—I had been wearing them that day—I went to bed about a quarter-past 11, and hung my clothes behind the parlour-door where I slept; when I got up, at a quarter-past 0, they were all gone—I had seen the prisoner on the Sunday morning about 10, or a little after—when he went out, he said nothing to me—we had not spoken for some time—he lived in the house, but he was not at home that night—when I got up in the morning, I found the catch of the window had been forced—the shutters had
a very bad fastening to them; they could be opened by shaking—these are my things (produced)—5s. 4d. was also taken out of my working suit—my shirt was left on the table—I heard the prisoner tell my mother on Sunday morning that he was going to Salisbury to see a little girl that he had got there.
SUSAN MULLENS . I am the mother of the last witness; he is seventeen years old—the prisoner lodged at my house—on Sunday morning, 14th June, he told me he was going to Salisbury to see his little girl, and the train went off at four in the afternoon—I saw my son's clothes at 11 o'clock that night before going to bed—when I got up in the morning, the window was wide open, the blind down, and the shutters open—if the shutters are shaken outside, the bolt will drop—the prisoner knew that.
ELLEN HYDE . On 14th or 15th June, I was staying at a coffee-house, 10, Brydges-street, Covent-garden—I slept there on Monday night—I saw the prisoner there that Monday from half-past 7 to twenty minutes to 8—he was on a seat when I first saw him—he had a small parcel with him—he went out about 8, and took the parcel with him.
Prisoner. Q. How large was the parcel? A. Not very large—it was not large enough to hold a suit of clothes—I was told that you had been there the whole of the night—I did not see you—the house is kept open all night—you were asleep on a bench when I first saw you—the proprietor's name is John Goodale—I can't tell whether the name is over the door.
GEORGE SLATER . I am assistant to Mr. Sayer, a pawnbroker, of 29, Brydges-street, Covent-garden—I have a pair of trousers, a handkerchief, and other things, which were pawned at our shop on 15th June, in the name of John Goodale—I don't know by whom—I could not swear it was the prisoner—I am not certain; it may or it may not be—I have no belief on the subject—I believed before the Magistrate he was the man, but I was not sure—if I was made to say whether I believed he was the man, I should say he was, because the man that pledged the things had a moustache, but I saw two men with moustaches that morning.
GEORGE PULLEN (Police-sergeant, K). On 15th June last, I went to the prosecutor's house—that is about three miles from Covent-garden—they closed and bolted the shutters—I then shook them with my hands, and they came open—I found the catch of the window had been forced on one side, so that the window could be lifted up—I went with the prosecutor into Shoreditch, about 12 o'clock in the day, on the Monday, and found the prisoner in High-street—I said, "Your name is Goodale, I believe?"—he said, "Yes"—I said, "I want you to come to Arbour-square, Police-station with me; I am a police-office"—I was in plain clothes—he said, "I will go with you"—when we got to Commercial-street he said, "I shall not go with you; I don't believe you are a policeman"—I showed him my staff with my number upon it, and he then said he would go—in going along he said, "I will make you pay for this; you have got a wrong charge this time"—I told him he was charged with breaking into the house, 15, George-street, Lime-house, and stealing some clothes, and the charge was read over to him at the station—he said he could prove where he had been all night—he said he had been to 108, Worship-street, and had left there at half-past 12 at night, and went direct to Brydges-street, Covent-garden, to a coffee-house there, and left there about 9 o'clock—I went to Worship-street, but could find no such number as he gave—he was brought before the Magistrate—his sister-in-law, Mrs. Goodale, wanted to see him, and she was allowed to go to the cell—she said to him in my presence, "What a bad man you
are;" and he said, "I am very sorry; I did take the things, and I am guilty."
Prisoner. Q. Did she not ask me where my child was? A. That was some time afterwards; something was said about a child—she did not say, "What a wicked man you are to take her away from my house; tell me where she is at once"—I did not say, "Where is she; can I go and fetch her?"—I took out my pocket-book, and wrote the address where the child was—you did not say, "This has nothing to do with you; it is an affair of our own."
COURT. Q. Who is Mrs. Goodale? A. The wife of his brother, who keeps the coffee-house in Brydges-street—I searched the prisoner—I did not find any duplicate.
Prisoner's Defence. I have been living along with this woman for the last two years; latterly her son has been at enmity with me, and there has been a good deal of grievance in the house; I had my child there, and as it was ill-used I took her away, but would not say where; I then said that I would leave and go to the child's friends; I went to a Mr. Leveredge, and stopped with him till about 12 at night; I could not get a lodging at that time, and I was going down to my brother's, which is a night house—my sister-in-law and I were not friends; she happened to be up, so I did not inquire for a bed; I spoke to the servants, and they gave me some coffee; I left about 8 with a little frock belonging to my child; I was coming to work for a person named Hobbs, a photographic artist; I went to the Hackney-road, and left the frock where the child was, and when I came bad; into Shoreditch I was taken in charge; it is all a plot for my ruin, because I would not stop with them; I am a pensioner from the army, and if I am convicted I shall lose my pension; my sister-in-law can prove that when I laid I was guilty, I was talking about the child.
ANN GOODALE . I went to the police-court to ask the prisoner about the child—I said, "What a foolish man you are; where have you put the child?"—he said he could find the child in two hours—the policeman took out his pocket-book, and put down the address where the child was—I did not say, "What a bad man you are," nor did he say, "I am very sorry I ever did take the things."
Cross-examined by MR. COLLINS. Q. What are you? A. A coffee-house keeper, 10, Brydges-street, Covent-garden—it is called Tallow's coffee-house—the last time I saw the prisoner was the end of February, or the beginning of March—I saw some one on the night in question with his head lying on the table, and a handkerchief over it—I did not see who it was, but in the morning the servants said my brother-in-law was there—I am sure the prisoner did not say in the cell, "I did take the things; I am guilty"—he did not say, "I will go and get the things in a short time"—I swear that—I never told the prosecutrix that he had said so, I swear that; or words to that effect—what I said to her was, "If you don't go up against him, I dare say he will make it all right, and we shall find the child"—I knew what he was charged with—I was not examined at the police-court—they would not let me go in—I believe this charge is made out of spite because he was going to be married to Miss Leveredge, the young woman he had the child by.
COURT. Q. How long has the prisoner been at Mrs. Mullens'? A. Just upon two years—he went there soon after his wife died—he and Mrs. Mullens formed an acquaintance, and she has had a child by him—the child I speak of was by his deceased wife—I can give him a good character—nothing
has ever been known against him further than getting tipsy—he has been a soldier.
Prisoner. Q. Is not your husband's name, John Goodale, over the door of the coffee-shop? A. It is.
SUSAN MULLENS (re-examined). It is true that I have had a child by the prisoner—when Mrs. Goodale came out of the cell after seeing the prisoner, she said that he was very sorry for what he had done, that he did not do it with the intention to rob me, but if I would give him a certain time he would get me the things and the money too if I would not press the charge—that, was said in the presence of Hyde and Pullen.
The prisoner received a good character.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
CAROLINE ELIZABETH STUBBERFIELD . I am the wife of Mark Stubberfield, a stone sawyer, at Hastings—I am staying at 102, High-street, Shadwell—on 6th July, about 11 at night, I met the prisoner in the highway, St. George's-in-the-East—he asked me to give him a glass of ale—I took him to a neighbouring public-house, and gave him a pot of ale—we then went into another public-house, when we came out he wanted me to give him another glass—I said, no; I had no more money to spare—he said, he belonged to the north, and I said so did I—he ordered two glasses of ale—I would not pay for them—I said I would have no words, and I walked out and left it—at that time I had a half-crown, a 2s. piece, and 1s. 6d. in a side pocket of my dress, and I had some coppers in my hand—the prisoner followed me out, and struck me a violent blow, the marks have not gone yet—he then struck me in the chest, and then caught me round the throat with his hands—he took the skin completely away; there is the mark now—I could not cry out—I thought I should choke every minute—he then took my money and knocked me down—he pulled the pocket of my dress right out, and tore out all the gathers—he then ran away, and I got up and ran after him shouting, "Police!" and "Stop, thief"—a constable came up; I gave him information, and told him the direction the prisoner had gone.
Prisoner. Q. Did not I go down the highway with you, and did not you show me the shop where your sister lived? A. Yes; you brought a little cake—I did not say that would do for our breakfast in the morning—you left it in the shop while we went to the public-house.
JAMES HEATH (Policeman, K 278). On 11th June, I heard cries of police, and saw the prosecutrix—in consequence of what she told me, I went after the prisoner—I found him down Bell Wharf-stairs; the prosecutrix was with me—he was sitting under a barge on the beach—I searched him at the station, and found in his boot 2s., a half-crown, a penny, a halfpenny and farthing, a knife and a pocket-book.
Prisoner. He has two letters of mine, and a paper showing that I received 2l. in London a day or two before, 30s. from the Naval Reserve and 10s. worth of stamps.
Witness. This is the property I found on him—this watch was not found on him, the prosecutrix had that—she stated that the prisoner tried to
steal it, and broke the guard and the glass—he had his clothes in disorder when I found him.
CAROLINE ELIZABETH STUBBERFIELD (re-examined). He broke my watchguard right through, and when he struck me in the bosom he broke the glass—it is my husband's watch—I saw the guard in the prisoner's mouth; it was all over saliva when I pulled it from him.
Prisoner's Defence. I have not a tooth in my head, and cannot bite a piece of bread; I never knew she had a watch. When I fell in with the young woman I had been having a pot of ale with a friend; she asked me to have a glass of ale, and I took her to a public, and called for a quart. Two men followed us into several houses. I gave her 5s., and she wanted to run away, and leave me in the lurch. She said she could not take me to her sister's; she would take me to another house. I would not go, as I was afraid of the two men who were following us. I put the half-crown in my boot for safety; she had not a halfpenny.
GUILTY .— Confined Twelve Months.
EDWARD ALFRED DUNCAN . I live at 28, Little St. Andrew-street—On the evening of 26th June, about half-past 9, I was in Little St. Andrew-street, and when turning a corner to cross to St. Martin's-lane, I was suddenly surrounded by three young men—the prisoner seized my watch-chain, but having a safety-guard in my pocket, he could not get it out—in the struggle the chain broke, and I caught part of it in his hand—I called "Stop thief" and "Police"—the other two ran different ways—the prisoner ran down Castle-street, and I after him; it was just getting twilight—I lost sight of him once for about two seconds—when I came up he was in the hands of the officer—this is the part of the chain that I seized out of his hand.
FREDERICK CURLEY (Policeman, F 123). I was on duty in Castle-street on the evening of the 26th—I heard the cry of "Stop thief," and saw the prisoner running away; he ran into my arms—the prosecutor came up, and said, "That is the man that has stolen my watch-chain from me"—I took him in custody—I found nothing on him.
Prisoner's Defence. I was in a public-house along with my brothers-in-law; there were a lot of young men hallooing out "Stop thief;" I rushed out along with others, and as I was turning the corner the policeman laid bold of me, took me to the prosecutor, and said, "Is this him?" he said, "Yes," without looking at me. He was intoxicated. A lady wanted to come into the station to say she saw the robbery committed, and it was not me, and they would not let her in.
GUILTY .—The prisoner was further charged with having been before convicted at Westminster, January, 1860, after a previous conviction—sentence, Three Years' Penal Servitude. To this part of the charge he>
PLEADED GUILTY.—** Four Years' Penal Servitude.
NEW COURT.—Wednesday, July 15th, 1863.
Before Mr. Justice Wightman.
MR. THOMPSON conducted the Prosecution.
THOMAS DIXON . I am a sailor, of Richard-street, Limehouse—on Sunday night, 28th June, I was at the Eastern Hotel, Limehouse, about a quarter to 11 o'clock—some money, 2d. I believe, fell from the prisoner to the floor, but I did not see it—I afterwards stooped down to pick up my hat which somebody knocked off, and the prisoner struck me three times on the head with a pint pewter pot, and stabbed me in the head with a knife which be took out of his pocket—he had some drink in him, but was not drunk.
Prisoner. I put my hand in my pocket and some money fell down—I put my foot on it, and somebody said, "You look like a fighting man," and struck me—this man was helping the others to fight me, and I hit him on the head with the quart pot, but did not stab him. Witness. I saw no one strike him—I was with a person named Jackson—there was a bustling about, but no fighting.
JOHN JACKSON . I am a sailor—I was at the Eastern Hotel, and Saw the prisoner strike Dixon with a pot, and then take a knife and cut him on the head—I saw the knife in his hand, but did not see where he got it from—I went to the station-house with the prisoner, and he rushed at me and bit a piece out of my nose.
Prisoner. You struck me first in the public-house? A. I never struck you—you said that you had dropped some money, but I did not notice it.
MATTHEW BROOMFIELD . I am a surgeon of the East-india-road—I found Dixon suffering from an incised wound on the head, down to the bone—an artery was divided, and he had lost a good deal of blood—a knife like this (produced) would produce the wound—I hardly think it could have been done with a pint pot, it was more incised than lacerated; but if the edge of the pot was very sharp it might have done it—it was not dangerous to life—he is quite well now.
WILLIAM SORREL (Policeman, K 410). I went to the Eastern Hotel, and was present when the knife was found shut in the prisoner's right coat-pocket—there was no blood on it—he said that they were going to rob him, but he did not point out anybody.
Prisoner. I know I had a knife with me, but I did not use it. Witness. You denied having a knife in your possession, but it was found on you.
The prisoner's statement before the Magistrate was here read as follows:—"On Sunday night I was drinking, and this gentleman and I board in one house—I called for some liquor and some pence fell out of my pocket-directly I paid for the liquor, I and the tall man (Jackson) began fighting, and the shorter man (Dixon) helped him—I had got a knife in my pocket, but I never used it.
Prisoner's Defence. There were two men trying to rob me, and I defended myself, but I did not use any knife. They knew I had money.
GUILTY of unlawfully wounding .— Confined Six Months .
913. ANN THOMAS (24) , Burglariously breaking and entering the dwelling-house of Joshua Vincent, and stealing therein 1 box, and 2l. 10s., his property. MESSRS. COOPER and ATKINSON conducted the Prosecution.
JOSHUA VINCENT . I live at Uxbridge, and am a costermonger—on 8th July, I went to bed at 10 o'clock—I locked and bolted the house, and the windows were all closed—I put 2l. 6s. in silver and halfpence in a box in the drawer in my bed-room, up stairs—about 2 o'clock in the morning, I was
awoke by a noise, and saw the prisoner going across my yard—I looked after my money and it was gone—she was about ten yards from the house—it was quite light—I saw her back and afterwards her face—I put on my trousers and ran after her about 300 yards—I overtook her and asked her where my money was—she said that she had not got it, but I gave her a shaking and then she gave me the box with 18s. 3/4 d. in it—I then let her go, as I knew her before and knew where she lived, about 300 yards off—she has bought herrings of me—my window was ajar, so that anybody could get in—this is my box (produced).
EDWARD ANDREWS (policeman, T 300). I took the prisoner on 9th July—she said that she went into the house and took the box and the money, but never took any of it out of the box—I produced the box, and 18s. 3/4d. in silver and copper.
Prisoner's Defence. I met the prosecutor very tipsy between 9 and 10 o'clock, and he asked me if I would go home with him. I said, "No," unless he would pay me. He had taken me home three or four times before and did not pay me. I got up between 2 and 3 o'clock and went away, and he came running after me and said I had robbed him. I said that I had not, and he said he would have me searched. I did not take his money and did not know where he kept it.
COURT to J. VINCENT. Q. Did she ever sleep in your house? A. Never in her life—I got back 18s. 3/4 d., but there was 2l. 6s. altogether—I went to bed again became I felt very tired, and did not give her in custody till 8 in the morning.
COURT to E. ANDREWS. Q. What time was it when he complained to you? A. 8 o'clock in the morning—I went to the prisoner about half-past 8—she lives with two or three more—she had not run away.
GUILTY of stealing —Strongly recommended to mercy by the Jury.— Confined Three Months .
914. JOSEPH SMITH (24), and WILLIAM SOLDEN (29) , Burglariously breaking and entering the dwelling-house of Alexander Cameron Morrison, and stealing therein 2 coats, 1 pair of trousers, and other articles, the property of George Henry Cole.
MR. DALEY conducted the Prosecution.
GEORGE HENRY COLE . I am cook and superintendent of the kitchen at St. Pancras Workhouse, and have a private room there to take my food and keep my clothes—I do not sleep there—the room is detached from the main buildings—there is an area underneath it, and it opens into a room where forty-eight male inmates sleep—I left it safe on 8th June, about 6 in the evening—I went again next morning and found it in disorder, and all the things gone, the window broken and a drawer forced open—I missed a coat, waistcoat, and trousers, which I had left there the night before, an entire suit of black, an overcoat, and some other things—the window was down, but the hasp was broken—it not be entered on account of the area underneath—I found a small screwdriver on the mantel-piece, which was not there when I left—the prisoners have constantly been in the workhouse—they were discharged on the Monday morning, and the robbery was committed at night.
HENRY MATTHEWS . I am superintendent of labourers at St. Pancras Workhouse, and live in the workhouse—on the night of 8th June, I went up stairs past the door of Mr. Cole's room, and noticed that the door and window were fast—the prisoners were in the workhouse before the 8th—
they were taking down the tables in some of the wards a fortnight or three weeks previously, and it became necessary to take out some of the screws—Solden took this screwdriver (produced) out of his pocket, and said, "I will lay two to one I have got the little tool that will do it;" but it would not do it, as the screw was rusty—a day or two afterwards, I saw him take it out of his pocket a second time and lay it down—I took it up and looked at it, and have no doubt this is the same—the master's name is Alexander Cameron Morrison—the building is one wing of the workhouse—it is built on the outside wall.
RICHARD BRIGGS . I am watchman at St. Pancras Workhouse—on the morning of 9th June, soon after 4 o'clock, I found a ladder against the outer wall—I afterwards found Mr. Cole's room had been broken into—the door and the drawers were wide open, and a square of glass was broken—no one could get to the ladder without assistance over.
WILLIAM MCMATH (policeman, S 343). On 9th June, about half-past 2 o'clock in the morning, I saw the prisoners and two others at Eve-terrace, about 100 yards from the workhouse—about half-past 7 o'clock, I received information and went to the workhouse—I found a square of glass broken in Mr. Cole's room—I saw a screwdriver there which fitted some marks on a drawer which was broken open—I found footmarks in the yellow clay near the outer wall; a mark of a boot and other marks, as of a person having stockings over their boots—in one mark there were twenty-two nails plainer than the rest, as if they had been recently put into the boot—I covered the footmarks over, and after apprehending the prisoners, I took Smith's left boot off, took it to where I had seen the impression, and compared it—this is the boot, and here are twenty-two nails fresh put into it, which correspond with the marks—I told the prisoners the charge, and they denied it.
COURT. Q. Whereabouts were the marks? A. Where they got over the front wall; where the ladders were found—that wall is twenty or thirty yards from Cole's room—the wall is about eight feet high, and the ladder about three yards—it was long enough to enable anybody to get over the wall.
JOHN COOK (policeman, S 198). Mr. Cole's room is in a wing of the workhouse—it adjoins it, but there is no communication internally from the main building; you only have to cross the yard to go into it—it is all a continuous building.
Smith's Defence. If they could distinguish the marks of my left boots, they could distinguish the right, for there are nails in both. I have worn these boots five weeks.
COURT to W. MCMATH. Q. Did the ladder belong to the workhouse? A. Yes; it was usually kept in the area.
COURT to HENRY MATTHEWS. Q. How could any person get to the ladder? A. By a little assistance they could get over the wall and get the ladder by going down some steps—I saw it there that night, and found it removed in the morning.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
JOHN STARLING . I am a sailor—I was at the Dolphin public-house, Tunbridge-street, New Road, drinking—the prisoner asked me to drink, and I gave him and his friends three or four pots of beer—when I went out he
followed me, and knocked me down, put his hand in my pocket, took out 30s. which was loose, and walked away.
Prisoner. Q. Did not you chuck my pot of beer away? A. I chucked a little on the ground, not a pot—I had 50s. in my pocket when I came up to London—I spent 8s. that day.
WILLIAM EDMEAD . I am a potman at the Dolphin—I saw Starling and the prisoner there about four hours—Starling left about quarter to 12, the prisoner followed him out—there was a scuffle outside, and I saw the prisoner knock him down, and put his hand in his pocket.
Prisoner. Q. What did the prosecutor say when he got up? A. "With all your cleverness you have not done it now."
CHARLES PERKINS . I was at the Dolphin, and saw the sailor and the prisoner go out together, and saw the prisoner knock him down, and kneel on him—he then got up, and went away, and I heard the prosecutor say that he had not got it.
COURT to JOHN STARLING. Q. When you got up did you say anything? A. I said that he had not got it all—he had left 14s., and took 30s.—I had 52s. in the morning when I came from home.
Prisoner. I deny that—I was in the public-house, and the prosecutor drank of my porter—he said, "I do not drink porter," kicked it on, the ground, and ordered stout; we quarrelled outside, and when I got up he said, "You b—r, you have not got it now." I went back to the same public-house, as the potman knows, and was turned out.
GUILTY .—He was further charged with having been before convicted in July, 1858, to which he
PLEADED GUILTY.*†.— Five Years' Penal Servitude.
MR. ATKINSON conducted the Prosecution.
JOHN ROBERTSON. I am a sailor—on 24th June, about 8 o'clock in the evening, I met Hayes in the Back-road, Shadwell, and went with her to a house in a narrow lane to a room in the first-floor—Rook came in from another room shortly after I went in, and I was asked to send out to get something to drink—I gave Hayes 1s., and she sent a woman out—I asked if the drink was coming—she said, "Don't be in a hurry"—I told her I would not stop any longer, and got up to go, having waited five or ten minutes—I went to the door, and found it locked—I asked her to open it, and let me out—she said, "No"—I told her I would break it open if she did not, on which Hayes seized me by the collar of my jacket, and tried to get it off, but I was too strong for her—Rook then came, and caught me round the waist in front, while Hayes was behind, and she took hold of my legs, and tripped me up on the floor—they then both got on top of me, took my jacket off, and took 7s. out of my pocket—I said nothing about the 7s. before the Magistrate—they also took some certificates of character from the ships I had served in—they were in my jacket pocket—Hayes passed my jacket to Rook, and I got up, and made a rush at the door after Rook, and got it; but before I got to the door a man came from one of the rooms, and struck me on the head with a piece of wood, which knocked me down senseless—I had not noticed the door by which he came in—when I next remember anything the door was open, and they were striking me all over my body—I got my senses again, and they took me to the door, kicked me out, and told me
to go away—I sung out, "Police,"—both the prisoners kicked me, and some other person—McKay came up while Hayes was at the door, and I pointed her out to him—I am still an out-patient of the hospital for bruises on my head—I have not been able to go to sea.
Cross-examined. Q. Were you sober? A. No, but I was not much the worse for liquor—I was five or ten minutes in the house before Hayes began to fight with me—I did not go bed, and remain there several hours before Rook came into the room—I was in the hospital before 12 o'clock—I did not state before the Magistrate all that I have stated since, became before I had done, the Magistrate committed her for trial—I felt very weak, and was hardly able to stand in the box.
COURT. Q. You say in your deposition, "Three or four men came out from a little door, "I thought it was only one man that came into the room? A. One man struck me with the piece of wood, and three or four women came in with him.
MR. RIBTON. On your oath, did not you ask one of the women to pawn your jacket? A. I did not—I am sure I had only been there ten minutes when it was taken from me—there was a candle in the room.
DONALD MCKAY (policeman, K 275). On 24th June, about 9.30 at night, I was on duty in the Back-road, and heard cries of "Police" down Angel-court—I went down, and found Robertson, who said that he had been robbed of his jacket and money—he was bleeding from the back of his head, and his face and his shirt were Saturated with blood—I took Hayes in custody—she said, "I had Only 1s. 8d. out of it"—she was locked up—next morning I took Rook; on the way to the police-court with Hayes she said, "I know nothing at all about it," but before the Magistrate she said, "He gave me the coat"—the prosecutor recognised them both when I took them.
Cross-examined. Q. Did not Hayes say that she did not rob him, but had 1s. 8d. of the money? A. She might have—(The witness' deposition stated, "She said she did not rob him, but had 1s. 8d. of the money")—Yes; I think she did say so—Hayes is mistress of the house, and has been for years—she did not mention the 1s. 8d. being for the room—Robertson pointed out the house to me, and that was my reason for taking Mrs. Hayes—as soon as Robertson saw her, he said, "That is the woman"—he had told me that she was a short woman, and wore a cap and ribbons.
JOHN WILLIAM FOXLEY . I am assistant to Alexander Raphael, a pawnbroker of 8, Harpers-place, Back-road, St. George's-in-the-East—on the evening of 24th June, just after 8 o'clock, when I was shutting up the shop, Rook brought this coat (produced) and pledged it for 4s.—my master took it in—I knew her before, and am sure she is the woman—I produce the ticket—I am sure it was not 9 o'clock, it had just struck 8.
The prisoners' statements before the Magistrate were here read as follows:—"Rook says, 'He told me to take the jacket and give it to the girl, and she gave it to me to pawn'—Hayes says, 'I was not there, and I can prove it.'"
Witnesses for the Defence.
ELLEN GREEN . I live in Mrs. Hayes' house—on the day this happened, she went out on business at 2 o'clock, and was not home again till about 10—I have a room in the house—I was at home at 5 o'clock to have my tea, and stopped at home till 10—I am able to swear that she was not at home from 5 to 10—I saw her when she came home—I was at the top of the court at 10 o'clock—she was then taken by the policeman, and did not get back to her house at all that night.
Cross-examined by MR. ATKINSON. Q. Did you see her taken? A. Yes; that was not at half-past 9—Miss Phillips, the servant, was also in the house all the evening, but nobody else—there were no men there—the prosecutor was not pushed out of the house, he went out himself to get a policeman for his coat; he was not beaten then—I did not see him afterwards, but he was beaten while he was away from the house, by two men—I did not see him beaten, but I saw him after he was beaten, coming down the court with a policeman—that was about 11 at night—I am an unfortunate girl and have been convicted.
MR. RIBTON. Q. HOW long ago? A. Six or seven weeks—I got six week's sentence—I am sure I saw Robertson about 11 o'clock—there is a clock in the house.
ELIZABETH PHILLIPS . I live in the house with Mrs. Hayes—I was at home from 3 o'clock till 11, and then I only went to the top of the court to the public-house and back again—Mrs. Hayes went out at 3, and was taken by the policeman between 9 and 10 on her way home—she was not in the house between 3 and 11.
Cross-examined. Q. You were at home all the time; what time did the prosecutor leave the house? A. About half-past 9, or it might be before—I saw him go out, and so did Green—she was just going up the court at the time he went out—she went out before him—she had nothing to do with him—there were plenty of the neighbours there—Ellen Rook and Ellen Daly were in the house with me, they are the two girls that the man came in with—I saw him come in with them and they all three went up stairs—Daly went up with him and she called Ellen Rook.
Cross-examined. Q. When did Daly go? A. She went out with the man—he stayed about two hours, but I did not notice the time because I was attending to the children.
COURT. Q. More than an hour? A. Yes; he went outside the door with Daly, and Rook followed him—nothing appeared to be the matter with him then—he made no complaint—he had no jacket on—I heard him say he had no money, and she must take that to pay herself, and he would fetch it next day—he was up stairs when he said that—I was not up stairs, but I was sitting at the bottom of the stairs where I can hear everything—it is a very small house.
MR. ATKINSON. Q. Did Daly take it? A. He said that she must take the coat to pay herself, and it was given into Ellen Rook's hands—I heard Daly say to Rook, "Take this coat"—Rook took it out of the house and Daly followed, and the man without his coat; they all went out together, Hook carrying the coat—I saw him about an hour afterwards coming from the hospital, after he was beaten—he was then at the top of the court talking to some men—I did not speak to him—he was not talking to a policeman—I know he had been beaten, because his face was bloody—I have never been in trouble in my life—I used to get my living by needlework, but have been living with Mrs. Hayes since Christmas.
MR. RIBTON. Q. Is it a small house? A. Yes—there is no little door, and there is no room with two doors to it; there are four rooms in the house, and one door to each—there is no door between the front and back rooms up stairs—there was not a man in the place but Robinson.
HAYES— GUILTY .— Four Years' Penal Servitude.
ROOK— GUILTY .**—She was further charged with having been before contided; to which she
PLEADED GUILTY.— Five Years' Penal Servitude.
THIRD COURT.—Wednesday, July 15th, 1863.
Before Robert Malcolm Kerr, ESQ.
917. JOHN JACQUES (17), JAMES VANNER (17), were indicted for stealing 117lbs. of candied peel, and 18 boxes, the goods of Samuel Hanson and another; and WILLIAM BAYLIS (33) , feloniously receiving the same. JACQUES and VANNER PLEADED GUILTY .—They received good characters. Recommended to mercy by the prosecutors. Confined Two Months each.
MESSRS. ORRIDGE and POLAND conducted the Prosecution.
FREDERICK ARNOLD . I am manager to Messrs. Samuel Hanson and Co., who trade under the name of Batger and Co., at 15, Bishopsgate-street—they are large confectioners—the two lads Jacques and Vanner were employed by the tin-worker who makes the tins for packing our peel for exportation—they had access to our premises—we had many tons of candied peel in manufacture and in the course of manufacture—they brought the tins to our premises, and soldered them down when they were filled—we sell this peel in this country in this state, but not in tin boxes—I do not know Baylis—he is not a customer of ours—I went with the two officers to his place, and saw over 1 cwt. of our peel there, and in our boxes.
Cross-examined by MR. RIBTON. Q. Are you swearing to the boxes? A. I am swearing to the peel, and those boxes that are here came into our place, and we bought them of Mr. Tatham, the tinman—I cannot say that he does not make the same sort of boxes for other people.
COURT. Q. Then you cannot say these are your boxes? A. Yes, because they are marked with our brand—we mark them ourselves.
JOHN TATHAM . I am a tin-plate worker, at 16, Gibraltar-walk, Bethnalgreen—Jacques and Vanner were in my employment; one is an apprentice, and the other has been with me about four years—I was in the habit of sending them to Messrs. Batger's to solder these tins down—they are all tins I have made for Messrs. Batger—I can swear to them all as my make—I make them for no one else in the trade in London.
Cross-examined. Q. Do you not make the same sort for any other house? A. No—I go by the make of the tin—it is the mark of the machine I use; I don't go by the name—I don't make for any other house but Messrs. Batger—these before me now are what I manufactured.
CHARLES THOMAS GAYLOR (City-detective). On Friday, 5th June, I was watching Messrs. Batger's premises, 15 and 16, Bishopsgate-street, with another officer named Whitney—I saw Jacques and Vanner both come out Jacques was carrying a bag—it appeared to contain one of these boxes—I only judge from the shape and size—they went through Spitalfields into Brick-lane, and then Jacques gave Vanner the bag with what it contained—we still followed them, into Thames-street, Bethnal-green, and Vanner went into No. 30—we remained there some time—it came on to rain very hard, and we left watching them then—on the next day, the 6th, I saw both of them again coming out of the prosecutors' premises, in the evening-Jacques had a bag, with apparently one of these boxes in it—they got up into their master's cart, and went away with him, with the bag in the cart—on the Tuesday after we watched them again, and about 7 o'clock we saw Jacques carrying a bag; Vanner was with him—we followed them into Union-street, and there stopped them, and took them in custody—we examined the bag, and it contained this box of peel (produced) unopened—we afterwards went with Mr. Arnold to the house where Baylis lives, 2, Winchester-street, Bethnal-green—Baylis was out in the street opposite,
and we went into the house together—I told him we were officers; that we had two lads in custody for stealing some peel, and, from information we had received, we believed he had been receiving it—I then asked him if he had any peel about the place in any quantity—he said no; he bought his peel a box at a time, of Mr. Gregory, of Shoreditch, where he bought his plums and currants—I told him we must search the place—we went to go up stairs to do so, when his wife flew at me, and Baylis at the other officer—they had a scuffle together, and Whitney got up to the top of the stains, and the wife was scratching and flying at me to prevent my going up, and then Baylis and Whitney came tumbling down again with a barrel of flour all over them—we were smothered—we afterwards got a light, fetched Mr. Arnold in doors, and proceeded to search—in the parlour, between the bake-house and the shop, I found this full box of peel standing by the fireplace, on a shelf—in the bake house I found two boxes partly filled, and a quantity of empty boxes, and up stairs, in the back room, I found, in a sack, about 1 cwt. and some odd pounds of peel, which was identified by Mr. Arnold—I asked Baylis how he accounted for the possession of it—he said the peel he bought of Mr. Gregory—the boxes he could not give any account of; he could not tell who he bought them of—we flaw the name on the boxes—we then took him to the station.
Cross-examined. Q. Does Baylis keep a baker's shop? A. Yes; he sells plum-cake, I believe—he uses about 7 lbs. of peel a week—he did not mention any other name besides Gregory—I am positive he did not mention Dyer's name, or any other except Gregory.
GEORGE WHITNEY (City-detective). I went with the last witness to Baylis' house—Baylis made a rush up stairs—I took hold of him by the coat, his wife being between him and me—I released my hold, and he ran up stairs—I followed him, and saw him rolling a cask out of the back room on to the landing—he endeavoured to force it down stairs on the top of me, as I was coming up—I pushed it back, and tried to get on to the landing, when the prisoner struck me four or five times—I then caught hold of him, we had a scuffle, and came from the top of the stairs to the bottom, bringing the barrel of flour down with us—the flour spilt on the way down—we both got up, and the prisoner made an attempt to go up again—he got up two or three stairs, then looked at me, and said, "You b—, if I had a gun here I would think no more of blowing your brains out than I would of looking at you"—I afterwards assisted in searching, and the articles mentioned were found—previous to the search the prisoner said he bought his peel at Gregory's, in Shoreditch, where he bought his plums and currants; he bought it a box at a time.
Cross-examined. Q. Did he not mention the name of some other person besides Gregory? A. Not as having bought peel of them—he did not mention the name of Dyer.
WILLIAM GREGORY . I am a grocer, at 85, Shoreditch—I know Baylis; he was a customer of mine—I am a customer of the prosecutors, Batger's—I never bought any peel of this description of them—I have no peel in stock in these tins.
Cross-examined. Q. Has he been a customer of yours for some time? A. Yes—there are a great many venders of peel besides myself in my neighbourhood—I do not know whether Baylis confined his patronage entirely to me.
GUILTY .— Five Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
THOMAS SAULT . About half-past 10, on the morning of 9th June, I was standing in front of Guildhall—there was a slight crowd—I saw the two prisoners—Murray pushed against me, and kept doing so for some time—I put up my hand, caught hold of his wrist, and he had the end of my chain in his hand—my watch was attached to the chain before that—it was broken off—he then put his other hand behind him—Manning was close behind him, with his hands in front of him—I did not see whether he had the watch—I called for a policeman—Murray said, "I have not got your watch; you may give me in charge"—I have not seen it since.
Cross-examined by MR. COOPER (For Murray) Q. Did you get your watch; chain? A. Yes—I was looking in at the front entrance of Guildhall—there were about ten or a dozen people round me at the time—there were a good many more standing a little way off.
Cross-examined by MR. RIBTON. (For Manning) Q. You say it was Murray put his hand in your pocket? A. He took my watch out, because he had the end of the chain in his hand—Manning was not close enough—all this passed in a minute or two.
COURT. Q. How were you wearing this watch and chain? A. In my waistcoat-pocket, and my chain outside—it was a link-chain, plated.
JOHN BLAY . I am a clerk, and was outside Guildhall on this day—I saw the prosecutor there; he was looking over my shoulder—I also saw the two prisoners before that, knocking about—I heard them mumbling; and they forced a way between me and Mr. Sault—I then saw Murray's hand on the prosecutor's waistcoat, then on his guard, and then there was a snatch—at that moment Mr. Sault said, "You have got my watch"—Murray then put his hand behind him suddenly, and Manning moved his at the same moment—I did not see the watch; the hands covered it—just then something fell at my feet, and I picked up the handle of the watch split open—I gave it to Mr. Sault.
Cross-examined by MR. COOPER. Q. I suppose there were a good many people there? A. Yes.
Cross-examined by MR. RIBTON. Q. You were looking over to see what was going on? A. I was very nearly next to the door—I was not much crushed—I could turn myself very easily.
ROBERT WOODWARD (City-policeman, 545). I was on duty inside Guildhall on this morning, and heard a cry that a watch was stolen—I took both the prisoners into custody, and, with assistance, took them to the station—I found these two handkerchiefs (produced) on Murray—this one he owned, and this one he said he did not know how he came by.
MURRAY— GUILTY .*— Three Years' Penal Servitude.
MANNING— GUILTY .— Confined Twelve Months.
JOHN CARTER LUCAS . I am a wholesale druggist, at 113 Aldersgate-street—on Saturday afternoon, 27th June, about 5 o'clock, I was in Barbican—there was a crowd there, and, wishing to avoid it, I was crossing the road—a man ran past me, and I missed my gold watch, which had been safe on my chain a minute before—the swivel was left—I have not the least
idea how it came out—it was a very valuable watch—I have never seen it since.
Prisoner. Q. Did you see me near you? A. No.
WILLIAM GORDON . I live at 24, Foster's-buildings, St. Luke's, and am an errand-boy in the service of Mr. Lucas—on this Saturday afternoon I was walking a little way behind my master, and I saw the prisoner with a gold watch in his hand, and my master's chain hanging down—the prisoner, and a woman who was with him, ran up Golden-lane, and I saw him give the watch to the woman—I was about three or four yards from him when I saw the watch—they both got away—I next saw the prisoner at the station-house on the Monday morning—I described him to Baker, the constable—he was amongst a lot of others, and I picked him out.
Prisoner. Q. Did you not tell your master on Saturday night? A. No, there was a crowd round him, and I did not like to—I told him on Monday morning—it was about a quarter past 5 on Saturday that this happened—I went home up Whiteley-street, and my master went down Barbican—you gave the watch to the woman as you were running away—you were about fifteen yards from me then, I should think—I could see you distinctly give it to her—it was in the middle of the road.
CHARLES BAKER (City-detective). I had a description of the prisoner from the last witness, in consequence of which he was apprehended by 126 G—I fetched the lad to the station, put the prisoner in the yard with about eight or ten other persons, and told him a lad had come to identify him, and he could stand where he pleased—when they were all in a row I took the lad in, and, pointing to the prisoner, he said, "That is the man who had the watch in his hand."
JOHN GILROY (Policeman, G 126). I took the prisoner into custody, and took him to Moore-lane station—he said that I had spotted him—I told him I had—that means that I had been watching him—the tradesmen were afraid to come up against him—he had been up and down the lane stealing gentlemen's handkerchiefs.
Prisoner's Defence. I am totally innocent of this charge. I was at work at the time I was taken. The policeman saw me several times on Sunday and on Monday, and he did not take me into custody.
GUILTY .—He was further charged with having been before convicted of felony at this Court on Monday, 15th August, 1859, and Confined Nine Months, to which he
PLEADED GUILTY**†.— Seven Years' Penal Servitude.
MESSRS. ATKINSON AND POLAND conducted the Prosecution.
CHARLES THOMAS GAYLOR (City-policeman 95). In consequence of some communication made to me, I went, with another officer, named Whitney, between 6 and 7 on Thursday morning, 4th June, into a house in Thames-street, just opposite Mr. Allen's, the prosecutor—we went up to the first floor, and from the window we commanded a view of the prosecutor's premises, and of a turning down by the east side of them, called Rutland-place—on the other side of the premises there is a narrow turning called "Smith's-ride"—the principal entrance to the prosecutor's premises is in Thames-street—there is a side entrance in Rutland-place—there is no entrance from Smith's-ride—about 8 o'clock I saw the prosecutor's cart loading at the front entrance in Thames-street—when it was loaded it was driven away by the
carman towards Blackfriars-bridge, and I saw the prisoner Hardy follow it—he was not away two minutes, and then came back walking by the side of the cart, Woodward was sitting in the cart driving—he drove past the front entrance down Rutland-place to Mr. Allen's side door—Hardy went with him—Adams was at that time standing at the corner of Upper Thames-street, at the corner of Rutland-place, so that he could see up and down Thames-street, and down Rutland-place—when the cart was driven down Woodward jumped out of it, and assisted Hardy in getting down the tailboard—Hardy then fetched the stuff out at the side entrance, and put it in the cart—it appeared to us that there was some one inside giving it out, but we could not see—these are some of the goods, fronts of stoves, and so on—it was loaded in two minutes—I did not see Woodward put anything in the cart, Hardy did it—Woodward jumped up in the cart again, and backed out, while Hardy came up into Thames-street and stood talking to Adams, and watching Woodward backing the cart out—he drove away towards Blackfriar's-bridge, and the two others appeared to follow him—I did not see where they went to—I and Whitney followed the cart, and overtook it by Farringdon-market—Woodward was driving at a good sharp trot—we had a smart run to overtake it—Whitney overtook the cart first and stopped him—when I came up I told Woodward we were officers, and asked him what he had got in the cart—he said, "Some metal"—I asked him where he had brought it from—he said, "From the warehouse in Thames-street, near the mill"—I asked him if he had any invoice with it—he said, "No," he had ordered six sets the previous night, and this was part of it—I asked him who the man was he had bought them of, and who he had given the order to—he said he did not know his name—we took him to the station, with the cart—his name and address were on the cart—it contained four iron stove fronts, like this one (produced), five fall-doors, three bottoms, three backs, five trivets, three bar-fronts, sets of bars, and two fire-bricks, and some other pieces of metal besides—I showed them to Mr. Hutchinson, Mr. Allen's manager, and he identified them—Woodward gave his correct address at the station, 19, Bath-street, Clerkenwell—I found about 3l. in money on him—we left him at the station and went back to the prosecutor's premises, and saw Hardy in the warehouse—I said to him, "We have stopped a man in Farringdon-street, with some metal in his cart with your master's mark upon it; has any gone out of your premises this morning?"—he said, "No, nothing, except what was loaded and went away in our own cart"—I then took him into custody, and Whitney took Adams—I put the same questions to him, and he said nothing went out except what went in their own cart—they were both taken to the station together—I found 1l. 8s. on Hardy, and 2s., 3d. on Adams.
Cross-examined by MR. MONTAGUE WILLIAMS. (For Adams) Q. You cannot say whether Adams was standing at the corner when the cart passed him or not? A. I cannot exactly remember whether he came up with the cart or not—I saw a man cleaning windows at the corner—Adams might have been in conversation with him, but he was some distance from him—I did not see Adams touching the goods, or having anything to do with the cart; he appeared to us to be at the corner of the street watching.
Cross-examined by MR. METCALFE. (For Woodward) Q. Did you go to Bath-street? A. Yes; Woodward keeps a gasfitter's and stovemaker's shop there—the road he took from Upper Thames-street was directly towards his own place of business—Messrs. Smith's premises run down by the side of the prosecutor's to the water—the men working there can see a great deal that
is going on at Mr. Allen's—we have some of Messrs. Smith's men as witnesses against other persons who are charged with receiving goods from these premises.
GEORGE WHITNEY (City-policeman, 497). I was with Gaylor on this morning—I saw Mr. Allen's cart loaded and driven away by the carman towards Blackfriars-bridge—I saw Hardy follow at the near side of the cart—I saw him return by the side of Woodward's cart, in about two minutes—Woodward was driving, and he drove down Rutland-place—we were watching nearly opposite Rutland-place—we could see down it—there is a door there out of the prosecutor's premises—the tail-board of the cart was taken down by Hardy and Woodward in a very hurried manner—at that time I saw Adams standing at the corner of Thames-street and Rutland-place—he was standing there at the time the cart turned the corner, and he remained there until it was loaded and backed out—just before that Hardy joined Adams, and they stood talking together until Woodward, after backing out, turned his horse's head towards Blackfriars—I could not see the person inside the door, but I could see that some portion of the metal was handed to Hardy—directly Woodward started to back out, I left the room where I was, and ran down stairs, and got into the street before he had entirely backed out—I then followed the cart, Hardy and Adams being between me and the cart going towards Blackfriars-bridge—they crossed the road towards St. Andrew's-hill, and I crossed too, so that I almost touched them—I followed the cart and lost sight of them—the horse was going at a trot—I overtook it in Farringdon-street, and told Woodward to stop, and he did—Gaylor then came up, and told him we were officers, and said, "Have you any invoice?"—he said, "No, I have only part of my order; I ordered six sets, and I have only got two"—Gaylor said, "Where have you brought it from?"—he said, "From a warehouse in Thames-street"—he asked him the name; he said he did not know the name, but it was close by the mill—Gaylor told him he must consider himself in custody, and he was then conveyed to Fleet-street police-station—this was on 4th June—on that same day I met Mr. Hutchinson at Woodward's house, and searched the lower part of the house—I have a list here of the property found: 8 kitchen ranges, 16 register stoves, 7 fronts, 6 backs, 7 oven shelves, 6 bar fronts, 8 sets of bars, 1 oven, 1 boiler, 6 backs, register, 3 sets of backs fitted, 2 fire bricks, 10 iron bottoms, 115 pieces of register metal, 14 fall doors, 6 inside backs, 2 triangles, 2 trivets, and 1 eliptic stove, which Mr. Hutchinton identified—there was a quantity of other metal there, but I only brought away that which Mr. Hutchinson identified—I have been looking after Robert Adams—I have not succeeded in finding him yet—he was in the prosecutor's employment at this time, and I have seen him at work there since these parties have been in custody.
Cross-examined by MR. WILLIAMS. Q. You say you saw there was some one handing the property to Hardy? A. Yes—Frederick Adams did not attempt to help—I did not see him in conversation with a man cleaning windows—I saw a man go down and clean the windows, but what became of him I don't know—I did not take him into custody.
Cross-examined by MR. METCALFE. Q. Why did you not take Woodward back and let him point out the place where he had the goods? A. I did not think that would contribute to the ends of justice—no person gave me information—information was given to the police before we went there, but I don't know from where it came or from whom.
C. T. GAYLOR (re-examined). Information was given to me—not by a
man named Bailey—he knew nothing about it till some days afterwards—he is one of those I spoke of, as applying to the other cases.
EDWARD WILSON . I am a labourer in Mr. Allen's service—I was cleaning the windows there on the morning of the 4th June, and saw Woodward drive in a light pony and cart down Rutland-lane, we call it to the doorway—I saw some metal being put into his cart—I was standing on a pair of wooden steps in Rutland-lane cleaning the windows—Hardy put the metal into the cart, and that man's brother, Robert Adams, gave it to Hardy—while this was being done, Frederick Adams stood at the corner against a post, and he spoke a few words to me—I forget what he said—I always understood his place to work was up in the show-room—I went up stairs to fetch some fresh water, and when I came down the cart was gone, and I saw no one there—on the previous day to that, I saw Woodward in Thames-street, close to a house opposite Rutland-lane—he was sitting in his pony and cart—the street seemed blocked up, he could not get along—I had seen him before that in Thames-street, and I have seen him in company with Hardy, Frederick Adams, and Robert Adams—not altogether, but one at a time.
Cross-examined by MR. WILLIAMS. Q. Was Adams standing by the corner where you were cleaning your windows? A. Yes; he spoke to me.
Cross-examined by MR. METCALFE. Q. Were you very often there? A. No; I was only employed there as odd man—I am in the service now—I have been employed there ever since, weekly—I have seen Woodward at the Carron Wharf in Thames-street—I don't know whether he was employed there.
MR. ATKINSON. Q. Where did you leave Adams? A. Standing at the corner—he remained there it might be three or four minutes—he was gone when I came back.
JOSEPH ARCHER . I am a corn porter in the service of Messrs. Smith, Wheat-sheaf Wharf, Upper Thames-street—one part of their premises adjoins Mr. Allen's—he has the bottom floor which is at the corner of Smith's-ride—I have known Hardy these eighteen years—I also know Frederick and Robert Adams—I believe they were all in Mr. Allen's service—I saw them working there—I know Woodward by sight—a little while before they were taken in custody, I cannot remember the exact date, I saw Woodward in our ride standing in his cart—the horse's head was towards Thames-street, so that it must have been backed in—it is a narrow place—I saw Hardy place some iron in Woodward's cart—he brought it round from the front—I can't say how many times he fetched iron—it was more than once—I saw Woodward drive the cart away towards Earl-street—I will not be sure whether it was dinner time or what we call our tea time, 4 o'clock in the afternoon—it was three or four days before they were taken; it might be five.
Cross-examined by MR. METCALFE. Q. How many people saw this besides you? A. Two; Bailey and a man named Murray—we are all corn porters at Messrs. Smith's, and are witnesses in the case against the Thomases—I did not give information to the police—I am sorry I have had to appear at all—I saw the Thomases' cart load there once—I have seen them frequently about Thames-street, but never near the prosecutor's premises—I have seen three people in Smith's-ride getting away iron at different periods—not in the front of the premises—I have seen Woodward about the Carron Wharf frequently—I knew he was employed there—I only saw him once at Mr. Allen's.
establishment at Glasgow—I have been manager to him in London since 1st January—Hardy has been in the employ over twelve years—I have only been there two years—he was head porter—I believe Frederick Adams has been there between four and six years off and on—the last time I took him he had been there about a fortnight—his duty was to keep the show-room clean and in order—that is on the first floor—he ought to be there at 7 o'clock in the morning: all the porters ought—they are let in by a clerk who comes at 7—I and the other clerks get there at 9 o'clock—Adams had no business to be outside the premises at all—Robert Adams had been there between eight and ten years—he was also a porter, and his duties were similar to Hardy's in the other warehouse, No. 4—we have two, Nos. 3 and 4—the outlet in Rutland-place is used principally for getting goods from the ships—the goods that come in, are taken in at that door on days that we have a barge on the river, and occasionally, it is used to take in sash-weights and railing bars because they lie close to that door, and all the other metals lie apart from that—our rule is always to load everything from the front except those articles—Smith's-ride belongs to Messrs. Smith—we never loaded carts down Smith's-ride—it would not be anybody's duty to do that for us—Robert Adams left us about a fortnight or three weeks on Friday—I do not know where he is—I don't know Woodward at all—I have all my books here if they are required—all sales made either for cash or credit, are entered in a book by our clerks—I met Whitney at Woodward's house—I looked at the articles he has enumerated carefully—I found on all of them the special mark that was put on at our works—none of those articles had the Carron mark on them—ours is a distinct mark altogether—the value of our property found at Woodward's, is as near as I can calculate 35l., and that found in the cart about 3l.—I did not receive any order for six sets of articles like those—the property in the cart was ours—no account has ever been rendered to me by Hardy of the sale of that property—he had no authority whatever to send any of the property away without its being entered—the clerks make out the invoices—I am not aware of the sale of any of this property through Hardy or any one else to Woodward.
Hardy. Q. Have you never on any occasion, when I have been loading at the side door, said to me, "Who is that metal for?" A. You have loaded nothing but railing bars and sash weights there since I have been in the employ.
Cross-examined by MR. WILLIAMS. Q. The men go to their breakfast about eight, do they not? A. About half-past eight some of them—I dismissed Adams because he was not always in his place.
Cross-examined by MR. METCALFE. Q. Do you say that Hardy might sell if he entered the goods? A. It is the clerk's duty to enter—Hardy had no right to sell under any circumstances without getting it entered by the clerk—he might sell if he got the clerk to enter the goods—he never received money—some of the clerks received the money, either Mr. Napier or Mr. Lindsay—there are six persons entitled to sell—I learn from the books, that Woodward has been a ready-money customer—I do not know him at all—if a person came with an order, he would take it to the counting-house to one of the two clerks I have spoken of—it would be entered in the books and then filed, or sometimes the orders might be given to the men after they were entered, instead of being filed—we give the men the invoice or the order, the order usually, to enable them to get out the goods, and they mark the weights on the order and bring it into the counting-house again—it might be that orders have been brought, executed by the men, and then brought
and entered afterwards—I don't know that that has not been so, but the general practice is to enter and file them first—invoices are always given in cash transactions—the parties might destroy them when they went out—the clerk immediately after entering must make out an invoice—Mr. Allen, the principal, resides in Scotland and very rarely comes up—I have the management of the business—Mr. Napier is the next person in authority under me—I gave 35l. as a rough estimate of the value of the property found at Woodward's—25l. may be a much nearer price.
MR. ATKINSON. Q. Is that the wholesale or retail value? A. The wholesale—the cash entries are in this book and a former book—I have the amount of Woodward's purchases altogether on paper, but they are scattered through the books—I have looked at the several entries and added them up—from October 12th, 1861, to the present time the amount is 4l. 17s. 6d.
MR. METCALFE. Q. Have you looked further back than October, 1861? A. No; I have not looked at 1860, on account of the metal which I took at Woodward's not being in our place at that time—these invoices (produced) are not in my handwriting, but I believe them to be in the handwriting of clerks who have been in our employ, here is one in the name of Humphreys I know nothing about—there are eighteen altogether—I pledge my oath that Woodward has not been a ready-money customer to our firm to the amount of 100l. to my knowledge—I only speak from the time when I first came.
M. ATKINSON. Q. Do you find any invoices there, with regard to the metal you found in the house? A. None—that metal was not in the house before 1861.
COURT. Q. Has Hardy at any time, in the last two years, sold for cash and brought you the money? A. I believe he has occasionally in the morning—I am only speaking from what I have heard.
JAMES NAPIER . I am chief bookkeeper in the prosecutor's service, and have been so since 1st January this year—I am not aware of an order for six sets of articles being given, on or about 3rd June, by Woodward—I do not know of any orders being given for that description of goods found at Woodward's—I have not received any money in payment for them.
Cross-examined by MR. METCALFE. Q. Do you sell? A. Occasionally—I have seen Hardy sell—he has at times handed the money over to me and to Mr. Lindsay the other clerk—Mr. Lindsay was at the establishment before me, or Mr. Hutchinson—he is not here—Hardy has not been recognised as a person having authority to sell since I have been there—he is not allowed to sell and hand money over; but he has done so on his own responsibility—I find an entry in this book, on 26th September, 1862, of goods sold to Woodward to the amount of 28s.—I cannot tell whether that entry refers to some of the goods found at his house—we have not the book here with the marks of the goods in it—I have sent for it—these are merely the gross amounts—there is an entry, on June 18th, 1862, for 7s—I cannot tell whether that applies to some of the goods Woodward is charged with stealing—we have compared those goods with the book; but I cannot remember that now.
MR. METCALFE. Q. Have you looked at that entry to which I have called Mr. Napier's attention? A. I have—the book will be here in a few minutes—it is an old book, and I did not think it was necessary—I have the marks here of the goods on 26th September, 1862—there are 4 sets
register metal, Nos. 180 and 166; 2 sets of each, 2 cwt. 1 qr.—that 2 means two sets of 180, and two sets of 166, which makes four sets altogether—there is no 32 behind mine—there is no 24 behind the 166—if it had been so in the book I should have copied it I think—the particular patterns enable me to say they do not correspond—we distinguish our patterns by the numbers—180 is a particular pattern—I swear positively that that particular number on 26th September does not apply to anything found by the police—I made the examination after Woodward's apprehension at our own counting house—I took a list at Woodward's house with the officer, and then compared the list I had made with the numbers in the book—I have not compared the property itself with the numbers in the book.
MR. ATKINSON. Q. Would 180 direct your attention to a particular pattern? A. It would; and I have sufficient recollection, from what I saw at Woodward's, to associate the two together.
FREDERICK BIRD . I am one of the gaolers of Newgate—I received this letter on Saturday last from the prisoner Hardy (Read: "Newgate, 8th July, 1863. Sir,—I have been in your employment, now, turned twelve years, and can sincerely say I have never wronged you till within these last three months. I have been a faithful, true, and honest servant to you. As a last resource I ask, you to pardon me this time, if you will. I am a broken-hearted man, have mercy on me this once; I have been in prison now five weeks, I now begin to feel my situation, for I never saw the inside of one before; extend your mercy to me this time, I have a family of young children crying at home for bread, and an aged mother nearly broken-hearted, which, of course, I ought to have thought of before. If it was possible that I could come to work for you to-morrow, Sir, I would do so, to pay you back all that I have wronged you of I am going up for trial on Monday, I expect the sentence will be severe, unless you do something for me. I earnestly entreat you to do your best for me to release me from this place, for I am a wretched and miserable man. If you will be kind enough to address a letter to me, for I am a truly unhappy man. "Signed, "James Hardy. Newgate goal."
Hardy's Defence. When I pleaded not guilty, I did not intend to say I was not guilty; but I did not intend to plead guilty to all that was in Woodward's shop. That is all I have to say—it did not all pass through my hand.
Woodward received a good character. GUILTY .— Seven Years Penal Servitude.
HARDY— GUILTY . (See page 407).
ADAMS— NOT GUILTY .
FOURTH COURT—Wednesday, July 15th, 1863.
Before Mr. Recorder.
921. ELIZABETH STEVENSON (21), AMELIA BREWER (23), THOMAS STEVENSON (25), and JOHN FLEMING (21) , Stealing 5 pieces of crape, and 1 piece of silk, the property of Henry Augarde. Second Count, feloniously receiving the same.
MR. PATER conducted the Prosecution.
ALFRED CHARLES GROVE . I am the resident manager to Messrs. Henry Augarde and Co., Merchants and Commission Agents of Lyons, and of Wood Street, Cheapside—the Lyons House forwards goods to the house in London—on 16th June I sent to London 5 pieces of crape and one piece of silk,
value 65l.—the silk and crape produced I believe to be the same—these portions of boxes (produced) bear the private mark of our firm—the crape and silk were packed in them, and marked "H. C. L. 206."
GEORGE NEWMAN . I am a porter in the house of Messrs. Henry Augarde and Co., of Wood Street, Cheapside—on Friday morning, 19th June, I received a box from the London, Brighton, and South Coast Railway, marked "H. C. L. 206—it was placed in the warehouse at about quarter-past nine—I missed it at a quarter-past 10.
EDWARD HANCOCK . I am a detective officer—on 20th June I saw the prisoner Elizabeth Stevenson in a cab in Sprake's custody—he said "this woman has some of the silk and crape that was stolen, in her possession"—she said, "I will tell you the truth, it was given to me by a man to pledge"—I said, "Do you know that man?"—she said, "I have seen him before; I keep a coffee-house, and he uses it; though I do not know his name, or where he lives—my sister and son can tell you more about him"—I took her to the station—she gave her address, 5, Winkworth Place, City Road—I afterwards went there with another officer—it is a coffee-house—I saw Thomas Stevenson and Fleming in the front room on the ground floor—I asked Stevenson for Thier, the man I supposed to keep the house—he said Thier was in the country—I then went back, and a servant showed me a bedroom where I saw Brewer in bed—I told her I was a detective officer, and that her sister was in custody on a charge of stealing some crape and silk, and had said that a man had brought it there, and that she could tell me about it—she said she knew nothing at all about it—I then pointed to some goods that were in the window, and asked her to whom they belonged—at that moment Fleming came into the room, and she said, "Go out, John"—he went out and she then said, "that young man brought them"—I told her I should search the place, and take her into custody—I left the room that she might get up and dress herself—I returned in two or three minutes, and then searched the room, and, in a drawer of the looking-glass, I found seven duplicates, the whole of which relate to silk and crape pledged on 19th June for the sum of 13l.—I asked how she accounted for the possession of those, and she said that she knew nothing at all about them—I then went into the front room—I found the five pieces of crape and two pieces of silk produced in the adjoining room to that in which the prisoner was in bed—I found also a large quantity of goods in the same room in which Brewer was sleeping—they do not relate to this transaction—I asked her who those two men were down stairs—she said one was a waiter who came there occasionally, and the other was a customer who came there by chance—I then went down stairs and saw the two male prisoners and two women that I knew about the town—I asked Stevenson what he was—he said his name was Stevens, and he was a waiter—I then asked Fleming his name, and he told me, and said he was only a customer—I asked him if he was the young man who was with the woman upstairs—he hesitated a little, and said, "I am"—I said to Stevenson, "I think your name is not 'Stevens,' but 'Stevenson,' you come from Shadwell, and are the husband of the woman now in custody"—he said, "I will tell you no lies, I am"—he was taken to the station.
Cross-examined by MR. COLLINS (for Elizabeth Stevenson). Q. Did not Elizabeth Stevenson say, "I will tell you the truth, it was brought to me at my place by a young man, to pledge; I did not know it was stolen." A. I think she said she did not know it was stolen—she also said, "I have seen him before, I live at a coffee-shop, he is frequently there, I do not know
where he lives, or his name"—she gave a correct address, and it was a coffee-shop.
Cross-examined by MR. BESLEY (for Brewer). Q. You say Brewer was undressed in bed? A. She was in her night-dress in bed—I went out; when I got back she had on everything but her dress—she said, "You can come in, I am dressed enough now"—she did not at all object to my searching the room—she saw me take the duplicates out of the drawer of the looking-glass, and said she knew nothing about them—I think there are twelve rooms in the house—most of them are used as sleeping apartments.
Cross-examined by MR. BEST (for Thomas Stevenson). Q. Had you known Stevenson living at Shadwell? A. I had a very imperfect knowledge—I had some idea—I believe Stevenson keeps the coffee-shop—the name of "Thier" is over the door—I did not know that Stevenson bad been living at Shadwell, and working there for some time—I made some inquiries.
Cross-examined by MR. METCALFE (for Fleming). Q. Did not Fleming send up the servant to the bed-room for his coat and hat? A. I believe he did—I do not know it of my own knowledge—I did not see the servant come up—I believe his hat and coat were there—I think he said he had been sleeping there—I cannot say—I believe the house is a brothel—I am quite sure she said, when Fleming went out of the room, "That is the young man that brought the things," not" a young man"—I went outside and told Sprake to keep him in custody—he never left the house, but was at once taken to the station.
COURT. Q. Was any money found in the drawers? A. I found 13l. 0s. 1d. in a box, and there was some loose silver in the drawer with the duplicates.
MR. METCALFE. Q. Was there not some further conversation at the station-house? did not Brewer say it was not 'Fleming who brought the things? A. It was not at the station-house—I made some remark about Fleming's appearance, and said it was a pity he was placed in such a position—she then said, "Oh, he had nothing to do with it!"—I said, "You told me that was the young man that brought the things"—she said, "No, that was a mistake; I said a young man brought them."
MR. PATER. Q. Was anything said about the contents of the box? A. She said she knew nothing at all about it, and that the money and all the contents of the box belonged to Stevenson.
ROBERT LEWIS SPRAKE (City-policeman). On 20th June, in consequence of information I received, I watched Mr. Roberts' house, a pawnbroker, in Old-street-road—after a short time I went into the shop, and saw Elizabeth Stevenson there—I asked Mr. Roberts, in her presence, if he had any silk and crape brought in to pledge—he said, "Yes, this person has just brought some in," and gave it to me—it was on the counter—I then examined the crape and silk, and asked the prisoner how she came by them—she said some man left them with her to pledge—I then told her they were stolen, and I should take her to the station—she begged of me to go with her to show me where the young man lived—I told her I could not do so, and she must go to the station with me—I said I should charge her with receiving the things, knowing them to have been stolen, and I took her to the station—I afterwards went with Hancock to the address she gave—I stopped in the shop with the male prisoners, and the other officers searched the house—Stevenson said to Fleming, "This is a fine job"—the servant went up stairs, and brought down a hat and coat—Brewer told the servant to go up in her room and get John's hat, and John Fleming wore it.
coal-cellar I found the pieces of boxes produced—when I was in the bedroom with Brewer, the servant Harriet came in and asked for John's coat—on the 19th, the day previously, I had seen the two Stevensons outside the house—the female went away, and the man went inside—he had previously had some conversation with Fleming—I have frequently seen the prisoners in company; they all four live in the house, which is in my district—there was a great quantity of the pasteboard boxes in a tub—we selected those that had a mark upon them.
Cross-examined by MR. COLLINS. Q. Did not the two Stevensons live together as man and wife? A. I cannot answer that—I know they lived in the house.
Cross-examined by MR. BESLEY. Q. When Stevenson was taken into custody, did he send for any clothes? A. Not in my presence—he went down stairs—I think before he went down he was without a cap—I was up stairs the best part of the time.
Cross-examined by MR. METCALFE. Q. Do you mean to say that Stevenson does live there? A. I have seen him there during the time I have been on night duty, and also living at the house—I suppose I have seen him there for the last three months—I have seen him there occasionally, as I have visited the place—I do not say he lives there, I am only speaking from having frequently noticed him, I think so—there are people there of a very doubtful character—I have said before, and say now, that the two Stevensons and Brewer resided there, and I have frequently seen Fleming there—I have not been down to Shad well to see whether Stevenson lives there—it is out of my district—I believe Hancock has been there—Brewer has another coffee-house at Shadwell—I do not know whether he resides at Shadwell—I have seen him at the coffee-house.
MR. PATER. Q. Where were you when Stevenson fetched his hat? A. In the room with Hancock—I was not present when the cap was fetched—I am speaking of Brewer's coat and hat.
COURT. Q. Have you seen Fleming there as often as the other prisoners? A. Not quite so often—I have seen him quite sufficient to say he lives there—I have seen him at all hours of the night and day.
MR. PATER to ROBERT LEWIS SPRAKE. Q. Did you notice Thomas Stevenson going down into the kitchen for anything? A. He went down—that was where the pasteboard boxes were—he had no cap on when he went down; he put that on afterwards—it was an all-round "wide-awake."
ABRAHAM SWINDON . I am assistant to Henry Roberts, of 13, Old-street-road, pawnbroker—I produce a piece of silk pledged on 19th June, for 3l. 10s., in the name of "Thier," by Elizabeth Stevenson; and a piece of crape pledged on the same day for 8s. by the same prisoner, in the name of "Stevenson"—on the 20th Sprake called, and the same prisoner came in afterwards.
JOHN GOOD . I am assistant, to Thomas Cotton, of 9, Shoreditch, pawn-broker—I produce a piece of silk pledged on 19th June, by Elizabeth Stevenson, and a piece of crape pledged by her at the same time for 1l. 10s.; both in the name of "Mary Stevenson," of No. 12, City-road.
JAMES CHURCHER . I am assistant to George Arnold, of 180, Shoreditch pawnbroker—I produce a piece of silk pledged on 19th June, for 3l. 10s., by Brewer; and a piece of crape pledged by her at the same time for 1l. in the name of "Jane Thier," No. 1, City-road.
Cross-examined by MR. BESLEY. Q. What time was it? A. About half-past 5 in the afternoon—Elizabeth Stevenson was not with her—I do not
know whether the name "Jane Thier" was the maiden name of Brewer's mother.
BENJAMIN HAINES . I am assistant to Thomas Smith of 2, Pitfield-street, Old-street-road, pawnbroker—I produce twenty yards of crape, pledged on 19th June for 1l., by the prisoner Elizabeth Stevenson, in the name of "Stevenson," City-road.
THE COURT considered that there was no evidence against THOMAS STEVENSON and FLEMING.
NOT GUILTY .
BREWER— GUILTY on the Second Count.— Confined Six Months.
ELIZABETH STEVENSON— GUILTY on Second Count.
She was further charged with having been before convicted; to which she
PLEADED GUILTY.*— Confined Eighteen Months.
NOT GUILTY .
NOT GUILTY .
THOMAS STAPLES . I am an engraver of 30, Castle-street, Holborn—on 3d July, at 11.30 at night, I was coming down Holborn, and, at the corner of Castle-street, I met the prisoner—he inquired the way to Euston-square, and I directed him—he then asked me the way to Leather-lane, and left me suddenly—when he was crossing the road I put my hand to my waistcoatpocket and missed my watch—I had seen it safe about five minutes before—I cried out, "Stop thief," and he was in the constable's hands when I came up—I never lost sight of him—he was just off the kerb, walking in the road, when I missed it—when he found I was coming after him he ran as hard as he could.
MR. DICKIE. Q. Had he a coat on his arm? A. Yes—I could not see his hand over his left arm—when the constable took him, I charged him with stealing my watch—he put his hand behind, and I saw him pass something away to some person—I could not see what it was.
Prisoner. Q. Did you see me throw a coat away? A. No; but the constable said you did.
THOMAS JONES (Policeman, G 165). On 3d July, between 1l. and half-past, I was in Brook-street, Holborn, and heard a cry of "Stop thief"—I saw the prisoner run, and I stopped him—Staples came up, and charged him with stealing his watch—a number of people gathered round—I took him to the station, and found on him 3s. 6 1/2 d.—he refused to give his address, and said he had no fixed residence—he had this coat on his arm, but it fell on to the pavement.
Prisoners Defence. I was searched, and nothing was found; this coat was thrown down at my feet; it is not mine.
He was further charged with having been before convicted; to which he
PLEADED GUILTY.**†— Six Years, Penal Servitude.
WALTER GEORGE NEWSTEAD . I live at 90, Holborn-hill, and am a clothier and jeweler—on 4th July, about 7 o'clock, the prisoner came into my shop and asked to be shown a chain and watch—I took one from the window, marked 1l.—he looked at it, and offered me 17s. 6d. for it—he tried to induce me to take that, but I declined, and he left the shop—about three quarters of an hour afterwards he came in again, and said he would take the watch—I got it, and handed it to him—he put something in my hand—my attention was called away, and the prisoner rushed out of the shop with the watch—I found it was a medal—I went to an eating-house next door, and found the prisoner—I sent for an officer, and gave him in custody—I found the watch under the seat where he was sitting—when he said, "I will take that, "I gave him the watch with one hand, and received the medal with the other.
Prisoner. I was inebriated at the time. Witness. He was not at all tipsy; we found him in the next shop eating another man's supper, and he calmly told the officer to wait until he had done.
GUILTY .— Confined Nine Months.
MR. DICKIE conducted the Prosecution.
SAMUEL BENNETT . I live at 42, Copenhagen-street, Islington, and am an ironmonger about five or six weeks ago a glass-house on my premises was entered—those two mat-baskets (produced) were taken away.
NOT GUILTY .
927. EDWARD SMITH and JAMES WATTS were again indicted for burglariously entering the dwelling-house of Horatio Scott, and stealing therein 2 coats, 7 pairs of shoes, and 1 shawl, the goods of Ellen Connell and others.
ANTHONY RUTT (Policeman, N 26). On 19th June I saw the prisoners in the Richmond-road, and took them into custody for loitering—at the station I searched them, and found this shawl and pair of boots (produced)—I asked where they got them—they said they had bought them in Petticoat-lane.
ELLEN CONNELL . I live ar 15, Thornhill-crescent, which is the dwelling-house of Horatio Scott—on 10th June I went to bed about 10 o'clock, and the premises were then secured—I bolted the washhouse-door—the next morning I found it open—the bar had been forced—I missed some knives and forks—I went into the next room, and found my own articles gone—the shawl produced is mine—the shoes are my master's—I know them quite well, as I was in the habit of cleaning them.
smith. I bought the things on the Sunday previous; the shawl was round my neck. The boots I had had new heeled; they were down at the heels.
COURT. A. Have the shoes been fresh heeled? A. No; they have been worn since my master had them on—I cannot tell whether the heels were then in as good a state as now—I am sure they are my master's.
NOT GUILTY .
NOT GUILTY .
WILLIAM ROWLAND . I am a labourer, living in Teal-street, Bethnal-green—on the morning of 5th July, I was in Cutler-street—I saw the prisoners there, and a third person who was behind—they came towards me; and as I suspected they meant to rob me, I watched them narrowly—Smith came up on my right, and Williams on my left—I caught his hand in my waistcoat pocket—he broke the bow of the watch completely off—I secured his hand, and said, "You have robbed me"—Smith then rushed towards me, and I seized hold of them both—I called to an acquaintance to take one in custody, and I would take the other—Williams dropped the watch—we were struggling about a quarter of an hour—a great many thieves came up—there were about twenty in front—I am an old officer, and know them.
THOMAS FULLER . I live in Teal-street, a little behind the last witness—I saw him seize the prisoners—there was a struggle, and I held one after he had got away from Rowland—I told him I should not lose sight of him, for he had got the watch—when the policeman came up, he dropped it.
Smith. Q. Did you see the watch in his hand? A. Yes—the policeman came up not half a minute after my getting hold of you.
JAMES BRETT (City Policeman, 564). I was on duty in Borer's-passage, Cutler-street, at about 11 o'clock—as I was turning the corner, I saw Fuller holding Smith by the collar—he said that a robbery had been committed—I caught hold of the prisoner by the collar, and in his left hand I saw this watch (produced)—he dropped it on the ground—I told Fuller to pick it up, which he did, and handed it to me.
Williams' Defence. I was within a few yards when the gentleman lost his watch. I went to the station, and he said, "I think you were the one that took my watch."
SMITH— GUILTY .**†—
WILLIAMS— GUILTY .**†
They were further charged with having been before convicted; Smith, at the Thames Police Court, in April, 1862, in the name of Benjamin Allen; and Williams, at the same place, in February, 1860, in the name of John Roe; to which they
PLEADED GUILTY.— Six Years' Penal Servitude each.
CHARLES HAUFF . I live at 38, Queen-street, Cheapside—on 12th June, I was looking in a shop window in Cheapside—I felt something break at my watch—I found it was gone from my waistcoat pocket, and the chain was hanging down—I looked round and saw two men, whom I took hold of—one was the prisoner, the other escaped—I charged the prisoner with stealing my watch—he said, "You have made a mistake"—a Mr. Van Steight was also there—he said, "Here is the watch"—the bow was broken—I got the watch back.
LEWIS VAN STEIGHT . I live at No. 6, Cambridge-terrace, Islington—on the evening of 12th June, I was in Cheapside—I saw the prisoner there, and heard Mr. Hauff say to him, "You have stolen my watch"—he took hold of the prisoner, and the other escaped—I saw the watch in the prisoner's hand, and felt him put it into my pocket—I turned round quick, took hold of it, and said to Mr. Hauff, "Here is the watch."
Prisoner. I am not guilty of stealing it. I am guilty of taking it from the man that stole it.
GUILTY .**—He was further charged with having been before convicted at this Court, in October, 1861; to which he
PLEADED GUILTY.— Six Years' Penal Servitude.
HENRY VAN LOO . I am an apprentice to a lighterman, and work for Messrs. Phillips—on 3d June, I was in charge of a lighter, called the "Sarah Ward"—in the afternoon I went into St. Katherine's Docks and got on board seventy-six bags of coffee and three casks—I then "brought up" to the "Fyenord," and lay my barge alongside—I delivered there the three casks of coffee, leaving the seventy-six bags on board the barge—I then went to tea about half-past seven—before doing so, I secured the tarpaulin, and nailed it down—a man named Hitchcock was in a barge alongside—I spoke to him before I left—I came back from tea about a quarter to 9—I then saw Fitch and another man off in a skiff, and go from my punt into a red lug-boat two or three times—shortly after that they came ashore in the skiff—I had been standing about five minutes, when Finnis came and stood alongside of me—the other two men took him off in a boat—I asked them to take me off to my barge—the two men asked Finnis what I wanted—he replied, "He wants to know if you will take him off to his barge"—they said, "No, we cannot be bothered with him"—they then went to the red lug-boat and took her away—they fastened the skiff to the lug-boat—about ten minutes after, I got a boat and went on board my barge—I saw the tarpaulin had been shifted, and I missed something, but did not know how many bags—afterwards I counted, and found four bags of coffee were missing, which would be about two hundredweight—I afterwards went with the police-inspector to Newcastle-wharf, Wapping, to see the red lug-boat—it was the same—I saw the prisoners on 13th June on Tower-hill—I followed them to the Monument—I did not give them, into custody—I did not know whether land policemen would be allowed to take them, as it was a robbery on the water—I afterwards had some directions from our foreman.
Cross-examined by MR. DALEY (for Fitch). Q. When the men came ashore, did you say anything to them? A. I asked them to take me off to my barge—they refused—that is all I said, and they rowed away—when I saw them going on and off my barge I did not see any other craft moored near her, except the red lug-boat and a chain-lighter—I did not ask the men what they were doing on board of my barge, because I had no suspicion that they had taken the coffee—they were just like watermen, and I did not know but what they had a barge off there—I did not know then that any harm had been done.
Finnis. Q. Was not the Inspector with you when you saw the red lugboat! A. Yes—I will swear I did not see her the day before by myself; I saw her on 3d June—I did not see her before I went with the Inspector—it was the Saturday week following the robbery—when I left the barge by the "Fyenord" there was only the chain-lighter there—when I came back there was a barge on each side—there was only the chain-lighter alongside the punt when I left, and when I came back Hitchcock's barge was under the bows—my barge, when I left, was nearest to the shore, and the chain-lighter on the south side—the skiff I saw alongside I should take, by the look of her, to be a waterman's skiff—I should say it was a boat to carry a ton. a common
sculler's boat—it was just dusk when I saw the men crossing the barge—I could see Fitch plainly, but not you—I could not see them carrying anything from the barge, because Hitchcock's barge, being placed nearest the shore, I could not see over the hatches—I could see the men because they were higher then the coffee—the skiff was not on the side nearest the shore, but on the south side—the men could get up out of the skiff over the stern of the barge—I could see the skiffs stern as I was standing on shore—Hitchcock's barge is double as high—I served three years on board a lighter—the principal part of that time I have been working lug-boats and barges—I know a lug-boat from a barge at first sight—I was not mistaken, it was a lug-boat I saw there—my deposition states that I saw the men go on board a "barge "—I said "lug-boat," but the gentleman at the Mansion-House, not knowing the different craft, said "barge"—I should fancy the red lug-boat was fast to the chain-lighter—you were one of the three men I saw going off in the skiff—I was standing on shore twenty minutes altogether—I spoke to Bartlett while I was there—I said to you, "I wish I could get taken off—I left the punt off the bows of the Fyenord, when I went to tea, and now I cannot see her; I ought to have taken her to the City of Hamburg and I think our tug has been and taken her away"—I did see the punt—I did not see the name of the red craft that went away—I saw her stern. and the colour of the paint on the after part of the hold—she was not head on to the shore she was red inside—I suspected a robbery had been committed while I was going off in the boat—I did not employ the waterman to go after the red craft and capture her—I did not know whether he would do so—I did not say anything to him while we were going off—when I got off into my punt the man went ashore again—as soon as I got aboard I saw the tarpaulin had been shifted, and the nails torn out—I did not give the alarm to the river police—I gave information about this affair the next day—I was not discharged without a character—I was discharged at night—when I saw the red lug-boat after at Newcastle Wharf her cabin-door had been broken open—no one was in her—I had no samples of coffee with me, but I believe Mr. Major had—I remained with the craft about ten minutes—I did not carry samples of the coffee about with me after this affair.
JAMES HITCHCOCK . I am a waterman, in the employ of Messrs. Phillips—on this evening I was on board a barge at the Fyenord called the Mary Ann Hall—I saw the last witness go ashore to tea—he asked me whether his craft would be safe not to watch it; I had a case to leave at the Victoria Dock—I kept an eye on the punt while I was on board, and I left at twenty minutes to 9—the tarpaulin was then secure, and had not been disturbed—there was a chain-lighter on the outside of the punt at the head of the Fyenord—I did not see anybody come on board the barge.
Finnis. Q. Could you not tell the difference between a lug-boat and a barge? A. I should think so—the pumps of a lug-boat are in the cabin—sometimes when you are alongside a vessel there may be a dozen craft to take their turn before you—then a small quantity of goods is put across the other vessels, instead of a man waiting until his turn comes—if there is a hole in the bag the contents then sometimes drop out into the other craft—it is not common to find coffee or anything else under the boards of the craft.
COURT. Q. Did you ever find any coffee? A. Yes, and goods of all descriptions in these boats after they have been stacked, rice, coffee, pepper, or anything that won't dissolve, and which the boat may have carried.
EDWARD STUTCHBURY . I am a lighterman's apprentice, and live at 4. Barge-street, Tower-hill—the lug-boat Ann, belonged to our firm—she was a red boat—on 3d June, she was opposite the Custom House at Joyce's Wharf, lying there empty—I saw her that evening, between 6 and 7 o'clock, and missed her next morning, between 7 and 8—the prisoner's had no right to take her away—when she was found I saw that the cabin doors had been broken open—the stuff had been taken out of the cabin, and the tarpaulin had been rolled up, and put under the head steppers—I did not observe anything in the boat.
Finnis. Q. On the 8th of June was she not brought from Limehouse-cut? A. No; she was delivered up on 8th June at Limehouse-cut—I had my suspicion raised as I heard of the robbery, that the goods had been conveyed in this boat—she was not examined before she was taken out of the cut to my knowledge—I believe she was taken to Baltic Wharf—that adjoins Newcastle Wharf, and the other witness may have made a mistake—she was then taken to Fresh Wharf to load—I did not examine the barge before she was examined by the police—the cabin was kept locked up—I do not know whether the fastenings were broken—I did not notice her sufficiently for that.
COURT. Q. Had the barge been used for carrying coffee recently? A. Not to my knowledge.
WILLIAM WATTS . I am a labourer, and live at 4. Lockside, Limehouse—about a month ago I was painting my master's skiff in Limehouse-cut, about 6 o'clock in the morning, I saw a red lug-boat, the Ann, adrift in the cut—I saw her again about 12 o'clock, and she was then alongside the towpath—I saw three or four men on board, turning some full sacks out of her on to the tow-path—I saw four sacks taken out, but I did not see them taken away—when I went to dinner at 10 o'clock the men had gone, and the barge was left adrift—I could not identify the men—I do not know that the bags had coffee in them—they were full—I was perhaps thirty yards from them.
Cross-examined by MR. DALEY. Q. What day of the week was it you saw this? A. Wednesday or Thursday, I won't be certain—I do not know where they took the bags to.
FREDERICK CHAMBERLAIN. I live at the Lock, Bow-creek, Limehouse—on 4th June, I found the lug-boat Ann, adrift in the creek, and took charge of her until the Monday following.
ROBERT JOHN MAJOR (Thames-police Inspector). I examined the red lugboat, Ann, at Fresh Wharf—I found several beans of coffee lying in the cabin, which bad been broken open—I have seen the prisoners in company on one occasion, the 15th June.
Cross-examined by MR. DALEY. Q. Did you ever see them before that day? A. Yes.
Finnis. Q. Did not the Lord Mayor ask if a key I had fitted the Iugboat, and you found it did not? A. Yes.
THOMAS CLARKE (Thames-police Inspector). I took Finnis on 6th July—I told him the charge—he said he did not steal the coffee, and knew nothing about it—I said, "You know a man named Fitch"—he said, "I do not; neither was I in his company on 3d June"—I saw the prisoners in company at the same time as Inspector Major.
Cross-examined by MR. DALEY. Q. Did you ever see them before that? A. I did; I am quite sure of that—I did not say so on the first occasion, as I was not examined.
Finnis. Q. Did you not describe Fitch to met? A. I did not—of course you may know a man by description though you do not know his name—you said you did not know anything about the coffee after I had told you the charge.
BENJAMIN BRENT (Thames-policeman). I took Fitch on 20th June, and told him the charge—he said, "I know nothing about it at all—he refused his name and address at the station—he gave it me after, on the Sunday morning.
COURT to HENRY VAN LOO. Q. Did you know either of the prisoners before? A. Finnis had been working at Brewer's Quay—I did not know Fitch until 3d June.
NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution.
NOT GUILTY .
MARGARET BRIAN . I resided with ray father, at 22, Middle Serle's-place, Strand, and used to assist him in the shop—I knew the prisoner two or three months before I went away with him, or not quite so long—he wanted me during that time to go away with him, and about a month before I went he suggested to me to go away—I could not get my clothes to go away—I did go away with him on 17th June—I went because he was always worrying me to go—he was always coming to the shop, and asking for tobacco, which we sold—he used to watch when my father was from the shop—when I went I took some clothes with me—he said he had a cousin down at Woolwich—we went in the first instance to Princes-street, Drury-lane, to Mrs. Brannagan's to take my clothes—we then went to Woolwich—the prisoner then looked about, and said he could not find his cousin—we then went to a coffee-shop—we occupied the same bed—he remained there until the next morning—he then went out to go to his cousin—I went up with him on the Wednesday to Mrs. Brannagan's—we came up there on the Friday also for my things—I got them, and took them down to Woolwich—I wanted to go home and he would not allow me because he had my things—I slept with him also on the Friday night—the next day I again came to London, and went to Mrs. Brannagan's—I went up stairs and asked her for a glass of water—I took the remainder of my clothes to Woolwich—on the way there we were met by a constable, and taken in custody.
Cross-examined by MR. COLLINS. Q. What was your usual occupation before you went away from your father's shop? A. I used to help him—it is a greengrocer's, and we sell tobacco as well—I first saw the prisoner at the corner of the court at the door—I did not know anything about him—he spoke to me first—he wanted me to go to Woolwich with him a month before I went away—he said he would take me down to visit his cousin—he did not say anything about marriage—I did not expect him to marry me—I only went away because he wanted me—I could hardly get outside the door but what he kept following me—my clothes were kept at his cousin's—I brought them from Mrs. Brannagan's—I took them there on the Wednesday night—her house is about a quarter of a mile from my
father's—when I came back from Woolwich I could not go home; he would not allow me my clothes, and cursed and swore at me because I wanted to go home.
DAVID DENNIS BRIAN . I am the father of the last witness—I am a general dealer in Middle Serle's-place—my daughter is fourteen years and not quite two months old—I did not give the prisoner permission to take her from my house—I never knew him—I had seen him with a lot of roughs unfortunately—I only took the shop two months before this occurred.
Cross-examined. Q. What year was your daughter born? A. May, 1849—I was present at the birth—she has never been in any way bad before.
GUILTY.—Recommended to mercy the girl being a consenting party .— Confined Six Months .
MR. COLLINS conducted the Prosecution.
Cross-examined by MR. DALEY. Q. How many years ago is it? A. Twenty-three or twenty-four, the latter end of March or the beginning of April—it was not at a Roman Catholic Church—the prisoner is, I believe, a Protestant—he is not an Irishman—his wife is an Irishwoman—I cannot tell what religion they were when they were married—I know his wife went to Australia very soon afterwards—she came back before he did—I do not know what happened—they went abroad quite comfortably I know—I have seen the second wife—I do not know whether she is married or not—I know the place where the first wife is living, but I cannot tell the number of the name of the street—I do not know whether she is living with a man named Hill.
EDWARD SPILLER . I produce a certificate of marriage, dated 8th April, 1839, between Francis George Fisk, batchelor, and Bridget O'Dea, spinster, according to the rites and ceremonies of the Church of England.
ELIZABETH BURWOOD . I am a dressmaker, of 44, Primrose-hill, Salisbury-square—I became acquainted with the prisoner about twelve years age—I was then about seventeen years of age—I met him one evening, and after that we kept company with each other about two years and a half—we afterwards went through the ceremony of marriage on 14th November, 1853, according to the rites and ceremonies of the Church of England—I lived with him as his wife—I did not know he was married—the prisoner's sister told me about twelve months ago that he was a married man—I then left him, but I never found out the truth until last Friday—I have one child living.
Cross-examined. Q. When did you hear he was married? A. Twelve months ago; we were living at Norwich—what I mean by not finding out the truth until last Friday is, that the prisoner's sister did not know where his wife was, or where she was married—before I was married the prisoner was living alone some short time, and sometime with me—he was not living with Mrs. O'Dea—I left him about twelve months since—I was about a month at Lowestoff—I am keeping a Mr. Hill's house—I do not know that Hill is a married man—four other people live in the house, I think, besides me—Hill has two grown up sons—when I left the prisoner I did not take away the wages that were due to him—I did not take the furniture
—he had none—I only took my own clothes, and about 4s. in money that he had remaining after he paid what he owed—I did not then sell any of his things—there was one bedstead at Lowestoff which I sold, and took the money to come to London—I did not take proceedings before, I did not know where the wife was—some one lately showed me directly to the house—I took proceedings because I thought it was best to search it out—Certificate read;—("Marriage solemnized in the church of St. Leonard, Shoreditch, on 14th November, 1853, between Francis George Fisk, bachelor, and Elizabeth Burwood, spinster.")
GUILTY .—The prisoner stated that the prosecutrix lived with him as his wife, and he was induced to marry her at her mother's solicitation, his wife having left him some time before.—Recommended to mercy by the Jury.— Confined Two Months.
OLD COURT.—Thursday, July 16th, 1863.
Before Mr. Recorder.
LYDIA ROSS . I live in Shaftesbury-terrace, New North-road—I let lodgings—on 22d June, about half-past 12, the prisoner came and engaged a room—he came a second time, and asked me if I would allow him to write—I got him a pen and ink, and left him alone in the room for a short time—when he went, I missed a great coat and a hat—the coat had been hanging up behind the door, with another one, and the hat was in a box in a cupboard, in the room where he was—I saw him go out, and saw that he had something on his arm, covered over with his blouse, but I could not catch him—he had the hat on, and left his old one behind.
Prisoner. Q. What time was it when I called in the afternoon? A. 2—I had seen the coat safe when you came in, and I missed it the moment you walked out—I swear that I saw you go out with the coat on your arm—I was in the kitchen at the time.
Prisoner's Defence. I could produce a witness to prove that I was at work at the time.
The prisoner was further charged with having been before convicted, in July, 1862. Sentence, Six Months, To this part of the charge he
PLEADED GUILTY.— Confined Eighteen Months.—There was another indictment against the prisoner.
STEPHEN LANE . I am coachman to Mr. Pearce, of Queen's-gate-terrace, Knightsbridge—he had a pony, which he gave me to sell, early in June—I took it to Mr. Allan's stables, in Seymour-place—I there saw the prisoner;
he admired the pony—I told him the price was thirty-five guineas—on Sunday evening, the 7th, he came to my master's stables, admired the pony, and said he should like it to make a present to a lady; if I would allow him to try it next morning—I took it to Sloane-street next morning, and saw him, and let him have it—we arranged on the Sunday that he was to give me thirty guineas for it—he asked me to put a silk front on—he then mounted the pony—I had arranged on the Sunday evening that the pony was to be returned, or a cheque—he gave me this card, "Capt. Logan, 133, Sloane-street"—on the Monday evening I received information from my wife, and went next morning again to Sloane-street; I saw the prisoner—he asked if I could wait till Saturday for the money—I said no, I wanted it then, as I had payments to make that day—he then gave me this cheque—(read; "London, 9th June, 1863.—To Messrs. Stephens & Son,—Pay to Mr. Stephen Lane 31l. 10s., and charge the same to my account, A. G. Logan")—at the same time he gave me this card, telling me it was the address of the parties whose names appeared on the cheque—I went and presented the cheque almost directly—I saw Mr. Stephens, I believe; I got no money—I afterwards saw the pony at Cambridge, and took possession of it—a boy was riding it; we have not been able to find him since.
Cross-examined by MR. COLLINS. Q. What was the prisoner doing when you saw him at Allan's? A. Riding a horse; it is a riding school—I told him the pony belonged to me—that was true; it did belong to me at that time—when I took the pony to Sloane-street, I told him to return it by 6 or 7 o'clock, or he must give me a cheque—I gave him this receipt (produced)—he wrote it, and I signed it.
JOHANNA LANE . I am the wife of last witness—the prisoner came to our house on Monday evening, 8th June, about 5 o'clock—he said, "I have come to say that I very much approve of the pony, and I intend to keep it; I was to have met your husband between 6 and 7 this evening, but as I dine at Guildhall, I shall not be able to see him; he had better see me in the morning; at what hour do you think?"—I said any hour he liked to appoint—he said, "I will say 9, and I will pay him for the pony."
JAMES ALFRED GRANT . I am a commission-agent, in Ebury-street, Pimlico—I know the prisoner as Captain Logan—on Monday, 8th June, about half past 10 in the morning, I saw him in Burton-street, Pimlico, riding a pony—a Mr. Percival was with him, looking at the pony—Percival said to me, "Mr. Grant, here is a pony that will suit you"—I looked at it; and asked the prisoner what he wanted for it—he said thirty guineas—I told him that was above my price—he said, "Oh! I suppose you would want him at about sixteen"—I said he had a little underdone it; I was going to bid him seventeen—I had a show up and down, and I then bid him eighteen; I then said if he would give me one out of twenty I would have it—he offered me one out of twenty-five; that was 24l.—Mr. Percival went down the yard, came back, and tapped me on the shoulder, and, in consequence of what he said, I did not buy the pony—I have since seen that pony in the possession of the police.
CHARLES HODGSON (Policeman, B 36). I went to Cambridge with Mr. Lane—he saw the pony there, claimed it, and took possession of it—I afterwards showed it to Mr. Grant—I apprehended the prisoner on 9th June, at 6 in the evening, at his residence, 133, Sloane-street, Chelsea—he was going to leave that day; his clothes were packed up—I showed him the warrant, and told him he was charged with obtaining a pony by fraud, from Stephen Lane—he said, "Oh! a stupid fellow"—he handed me this receipt, and
said, "Stephens and Son are my bankers; they have plenty of money of mine"—on the way to the station he said, "What can they do with me as long as Stephens has some of my money."
There being no person in attendance from Stephens and Co., the COURT intimated that there was no case for the Jury, and MR. RIBTON withdrew from the prosecution.
NOT GUILTY .
JOHN WILLIAM VALE . I am a farmer, at East Ham—on 10th June, I drove my horse and cart up to London-wall—I stopped at the corner of Winchester-street, about a quarter to 10—Dowling came up to me; he had on a leather-apron—he asked if he should hold my horse—I said I was afraid he had not time—he said he had; that he had nothing to do, and he would take care of it—I left him in charge of it for about ten minutes, while I went to deliver some goods at a shop close by—I looked through the shop window in about two minutes, and the horse and cart was gone, and the boy also—I went into Broad-street and made inquiries—I afterwards went to Hampton Races, and had not been there a minute when the three prisoners came up in my cart; Dowling was driving—I called a policeman, and gave them in charge—I found a leather-apron in the cart.
Cross-examined by MR. DICKIE. Q. Was this the race day? A. Yes; the first day—there was a whip, two hone-rugs, a dead pigeon, and a few other things in the cart; they were still there when I found it—I did not want to press this charge if I could have avoided it.
Cross-examined. Q. Did Dowling give his correct name and address? A. He did—I believe he is a respectable lad.
NOT GUILTY .
MR. COLLINS conducted the Prosecution,
SOLOMON REUBEN . I am a jeweller, of 18, Herbert-street, New North-road—I travel about selling my jewellery—on 4th May, I was about commencing one of my journeys—I went to the North Kent Railway-station—I had in my possession a small black bag, containing jewellery to the amount of 800l. or 900l.; it consisted of brooches, rings, and all sorts; a regular jeweller's stock—while taking my ticket, I placed my bag near me—when I had taken my ticket, I found my bag and its contents gone—I have never Been the bag since—I have seen the jewellery in the possession of the police, and can swear to it as my property.
WILLIAM HILL (City policeman, 150). On 7th May, about a quarter-past 4 in the afternoon, I was called to the shop of Mr. Walters, a pawnbroker in Aldersgate-street—I saw the prisoner there, and a man with her, who gave the name of Arthur Gladsdale—I took them both into custody—Mr. Walter's assistant gave me this pair of earrings, which he said the prisoner had offered in pledge—she said she knew nothing of the man, and this pair. of earrings she had had for two or three years—she was searched at the station, and this brooch and ring found on her—I have since found out that the man goes by the name of Gifford; I did not know it at that time—the prisoner gave no address at that time—she was discharged by Mr. Alderman
Humphery—she stated that she had slept with a gentleman the night previous, and he had given her the jewellery because he had no money—I apprehended her a second time, on Whit-Monday, 25th May—she then said she had been living at 43, Ponsonby-place, Pimlico, but she had moved the day previous—I went there, and found that she had left on the Sunday, about half-past 12—I went to 12, Lambeth-square, Lambeth, on the Monday morning previous to her apprehension—I there found four boxes, which I took possession of, and took to the station—they contained a great quantity of wearing apparel, and about 40l. worth of jewellery, which the prosecutor identified—I also found these two bank-books, one in the name of Louisa Giffard—we have not been able to apprehend the man.
Cross-examined by MR. F. H. LEWIS. Q. Did you take the prisoner first before an Alderman? A. Yes; Alderman Humphery, and the man also; they were discharged, there being no identification of the property, with the understanding that if the owner of the property was found they were to be apprehended again—I afterwards took her before Mr. Combe; there were two examinations before him—I produced before Mr. Combe a portion of the contents of the boxes; amongst them was a marriage certificate between her and Gifford at Westminster—this is it (produced)—after the production of that certificate Mr. Combe discharged the prisoner—I did not then say that I would try my luck again before Alderman Humphery—I apprehended the prisoner as soon as she left the Court, and took her back to the City, before one of the Aldermen; not Alderman Humphery—the property that I have now produced was never produced before Mr. Combe—I did not say if the Alderman discharged her I would take her up again till somebody did commit her; I swear that—the charge before Mr. Combe was a distinct charge; she was then charged with being in company with others not in custody, and stealing a bag from London-bridge—that charge Mr. Combe said we failed to prove, because she was acting under her husband's instructions—we had not then got the proper certificate to show that her first husband was living—the charge preferred before Mr. Alderman Mechi was receiving, knowing it to be stolen; that was not part of the case before Mr. Combe—this property was not produced before Mr. Combe—the handkerchief was never opened—we had no evidence before Alderman Humphery of a former marriage—the prisoner gave no address then, and denied all knowledge of the man—I did not say that if I could not get one Alderman to commit, I would try another—we produced further evidence before Alderman Mechi, than we did before Mr. Combe—we produced the owner of the property—he was before Mr. Combe but that was a separate charge—we did not produce any fresh evidence before Alderman Mechi—we have not been able until within these few days to get evidence of the former marriage—this is the certificate (producing it)—this relates to a marriage between the prisoner and a man named Oram; and this is the one between Gifford and the prisoner—it is torn in several places—I believe the prisoner and Gifford had been living together—that is the man who gave the name of Arthur Gladsdale—he gave the name of Andrew Gifford afterwards—I did not know him before I took him into custody—he is well known I believe—I did not find the boxes where Gifford had been living with the prisoner—he had never been living there—they were at a friend of his at 15, Lambeth-square.
JOHN JOHNSON . I am assistant to Mr. Walters, a pawnbroker, of Aldertgate-street—on 7th May, about 4 in the afternoon, the prisoner came and offered to pledge a pair of gold earrings for 8s.—I asked if they were hers—
she said "Yes"—I asked what she gave for them—she said she did not buy them, they were made a present to her by her aunt—I asked how long the had had them—she said four or five years—I asked if she had worn them all that time—she said "Yes"—as they were perfectly new and had not been worn, my suspicions were aroused—I made an excuse to go out of the shop, and I got the assistance of two constables—as we came up, the prisoner was in conversation with a man at the door—they were both pushed into one box—I gave the earrings to the constables and told them what she had stated—they were taken into custody, and as they were going out of the box I saw her hands move—I suspected she had dropped something, and when they were taken out of the box, I went in and found 4 pairs of earrings—I took them to the station.
ROBERT HARDINGHAM (Policeman, L 163). I took the prisoner into custody on the second occasion, at the corner of Lambeth-square—I asked her what she was going to do with the boxes at 15, Lambeth-square—she denied all knowledge of them—she said she came to town that morning—I asked her where she slept the night before, and said I mast take her into custody for stealing jewellery—I took her to the station, and when she saw the boxes, she said they belonged to her husband—I asked her for the keys—she said her husband had got the keys—she was searched at the Stones-end police-station by a female, but nothing was found on her except 1s. 10 1/2 d.—she had two wedding-rings on her finger—one was taken off—this is it (produced)— I opened the boxes and found this jewellery and the marriage certificate.
ELIZABETH HUTCHINSON . I am the wife of John Hutchinson, a carpenter, of 43, Ponsonby-place, Pimlico—the prisoner lodged in my house for a month, from 27th April, to 24th May—she occupied a furnished room with a man, and went by the name of Gifford—they brought two boxes and a carpet bag with them—the large box was taken away on the Saturday night before they left, and the rest on the Sunday—I afterwards saw those things at Stones-end station—on Saturday, 2d May, the prisoner borrowed 6d. of me—she did not say she had no money, she said, would I lend her 6d. till her husband came home—on 5th May, I saw the prisoner wearing the brooch produced—they left on the 7th, and did not return till the 19th.
MARY PRITCHARD . I live at 15, Lambeth-square, and am the wife of Thomas Pritchard, an engineer—on 24th May, the prisoner came to my house—I had never seen her before—4 boxes had been brought that day by a man, and given in charge to a lodger who has left—the prisoner asked me if any boxes were left there—I said "Yes," and showed her down stairs—they remained in my possession till the next day, when they were taken possession. of by the police—I have not seen them since.
ROBERT DIXON . I am a sawyer, and reside at 11, Waterloo-street, St. Philip's, Bristol—I know the prisoner—she was living at Bristol until 17th April—she lived there with a man named Oram, as his wife—I know she was married to him—I was present at the marriage, at Calne, in Wiltshire—about March, 1854—it was at a chapel, not a Church of England—I don't know the name of the chapel—I married a sister of the prisoner's—the prisoner was living with her husband at Bristol, part of the time from 1854—I can't answer for all the time, because I was not living with them.
GUILTY on the second count.— Judgment respited.
I saw the prisoner in Cheapside—I saw him follow a gentleman who was assisting a female out of the crowd—he put his hand into the gentleman's pocket and took out this handkerchief—I seized him, he resisted and threw the handkerchief on the pavement—I took him to the station and found two other handkerchiefs in his pocket, and 4 1/2 d. in a purse—the gentleman went to the police-station, but did not attend before the Lord Mayor—he said he would rather lose his handkerchief than his time.
Cross-examined by MR. HARRY PALMER. Q. Were there a great many persons there? A. Yes—I stood close to the prisoner, next to him—he tried to get away when I took hold of him—the gentleman identified the handkerchief at the station.
CORNELIUS DRISCOL , I am a hosier's assistant—on 8th June, I saw the prisoner in Cheapside, walking close behind a gentleman, and the constable close behind him—I saw him take the prisoner by the collar and wrist, and the prisoner dropped the handkerchief—I picked it up and gave it to the constable.
Cross-examined. Q. Did yon see him take the handkerchief. A. No, I did not. The prisoner received a good character.
GUILTY —Recommended to mercy by the Jury,— Confined Three Months.
NEW COURT.—Thursday, July 16th, 1863.
Before Mr. Common Sergeant,
PLEADED GUILTY .— Confined Six Months.
MR. ATKINSON conducted the Prosecution.
MARY ANN DUCKWORTH . I am a widow, and live at Silver-street, Edmonton—on 10th June, about a quarter past 10 at night, I was near the Flower Pot, Bishopsgate-street, waiting near the wall for an omnibus—the prisoners came up and asked me the way to Holborn—one of the two fint came closer than the others—I had a purse in the inside pocket of my dress, containing 1l. 3s. 10d.—I directed them, and lifted up my right hand, under which my pocket was—they did not go away, and the time-keeper spoke to me, and I found I had lost my purse.
HENRY JENNINGS . I am time-keeper at the Flower Pot—I saw the last witness standing against the wall, and the prisoners, surrounding her quite close, their dresses touched—when they had gone, I gave information, followed them 300 yards, and gave them in charge—they were walking and talking together, but not going towards Holborn.
HENRY COLLINS (City-policeman, 651). I took the prisoners—they were walking side by side and talking—they denied all knowledge of each other. Cross-examined by MR. PATER. Q. Who gave them in custody? A. Jennings.
ROBINSON received a good character.—
GUILTY — Confined Six Months.
JONES.— GUILTY .**— Confined Nine Months.
EDWARD FERGUSON . I am a merchant's clerk, and live with my father at Bermondsey—on 28th June, a little before 9 in the evening, I was passing over London-bridge—a horse fell down, which caused a crowd to assemble—I waited a moment there, and felt a tug at my watch-guard—I looked round and saw my watch in the prisoner's hand—I have not seen it since—my chain was not broken—I caught hold of him, he pushed his hands into the crowd, and then said, "Search me"—I had a friend there—I caught him and gave him in custody.
GUILTY — Confined Twelve Months.
EDWARD WALBANCKE . I am an upholsterer, of 50, Leadenhall-street—on 30th June, between 5 and 6 in the evening, I was going towards my shop, and met the prisoner with this clock, which I knew to be mine—I ran in and spoke to my clerk, and then ran after the prisoner, stopped him with it, and asked him where he was going to take it to—he said "To the cab stand"—I ordered him to put it down as it belonged to me, which he did, at the bottom of Fenchurch-buildings—I held him till a friend came up, and afterwards gave him in custody.
Prisoner. Q. Was I sober? A. I don't think you could have been very tipsy to have carried this clock, you appeared perfectly sober at the station.
WILLIAM HOLT (City-policeman, 237). I took the prisoner—he said that he was going to the cab-rank—when we got to the corner of Fenchurch-buildings, he kicked me in the shins—I then put him on his back, and we struggled for two or three minutes—he said you b—, I will put a knife into you, for keeping me away from my wife and three children—I got assistance—on the way to the station he tried to get away again, and to throw two constables—he was sober, I had to knock his head two or three times against the stones, or else I should have lost him—I do not think he would be intoxicated after that.
Prisoner. They used me shamefully. Witness. I used no more violence than was necessary to secure you—I did not knock your head against the stones before you kicked my shins—I have the bruise now—you refused your address.
Prisoner's Defence. I had been out with some friends who treated me rather too freely to drink; a respectably-dressed man told me to wait in a public house, and brought me the clock there out of the prosecutors shop, and gave it to me. Being rather tipsy, I jerked against the wall and broke the glass. He said, "Never mind, take it to the cab rank." I did not know whether it belonged to him or not; I did not think any one would go into the shop and steal a large clock like that in open day.
MR. ATKINSON conducted the prosecution.
WILLIAM PHILLIPS . I am carman to William West of Crutched Friars—on 30th June I was going along Jewry-street, Aldgate, with my cart laden with tea in chests, caddies, and half chests, and saw the prisoner walking away with a caddy under his arm, which I recognised as one of my load—I jumped off the cart and pursued and overtook him—he asked what I wanted—I said, "My caddy of tea, and you"—I secured the caddy; and was attempting to secure him, when he laid hold of me by the collar and forced his knuckles into my throat, so that I was forced to release my hold, and he
escaped—I took back the caddy to the cart—it was worth 2l. 10s. to 3l.—I saw the prisoner three-quarters of an hour afterwards, and am sure he is the man—I afterwards saw him in custody in Eastcheap—this was not five minutes' walk from Leadenhall-street.
Prisoner. Q. What dress was I wearing? A. The same that you have on, and a hat.
Prisoner's Defence. I was never near the place; it is a case of mistaken identity.
GUILTY .— Three Years' Penal Servitude on each indictment, the second sentence to commence at the expiration of the first.
THOMAS GIBBS . I am a straw hat manufacturer—on 5th July, about twenty-five minutes to 11 at night, I was in Cannon-street—the prisoner brushed very hard against my left side, where I carry my watch, and my watch fell down, but not to the pavement, as it was attached to a gold guard which was round my neck—the prisoner ran away and I missed my watch; the guard was not broken, but the ring of the watch was gone—I have not seen it since—I followed the prisoner as closely as possible till we got to the King William Statue—I was only five or six yards from him at starting—he was stopped in Cannon-street, and I found him there with Apthorpe and Challoner—I did lose sight of him, but not above a minute—a gentleman gave me the watch, and I identified it as mine—he had picked it up on the ground—I gave the prisoner in charge.
Prisoner. Q. Did not you say at the Mansion-house, that three or four persons brushed up against you? A. No I did not see you take my watch, or see it in your possession—the bow of it is broken—I have not the slightest doubt you are the person who brushed against me—I had just looked at the time.
COURT. Q. Is that your watch (produced)? A. Yes; I asked the gentleman to favour me with his name and address but he did not—I wished to reward him for restoring it, but he said, "You have your watch and that is sufficient."
WILLIAM APTHORP . I live at 2, Brick-hill-lane, Thomas-street—on the night of 5th July, at a quarter to 11 o'clock, I was in Cannon-street by the King William Statue, and heard a cry of "Stop thief"—I saw the prisoner running as fast as he could, and no one running before him—a young man tried to stop him, but he bobbed under his arm—I caught him, and the man under whose arm he dodged, came up—a gentleman came up and asked the prosecutor whether that was his watch—he said, "Yes"—I asked him if the prisoner was the man—he said, "Yes, I can swear to him by his whiskers—the gentleman gave him his watch, and went to the station in Bow-lane.
Prisoner. Q. Can you prove I am the thief? A. No—I did not come up and take hold of you after you were apprehended—the watch was recovered about two minutes after I stopped you—I did not see it in your possession.
WALTER CHALLONER . I live at 200, Upper Thomas-street—on 5th July I was in Cannon-street, between half-past 10 and 11 o'clock, and saw the prisoner running—I ran after him and tried to catch hold of him, but he dodged me—the people called, "Stop thief," and I saw him caught by Apthorpe—he was taken to the top of Cannon-street, and the gentleman came up
and said that the prisoner was the man who had stolen his watch—about a moment afterwards a gentleman came into the crowd with the watch.
Prisoner. Q. Did not you catch hold of my hands to see if there was anything in them? A. Your left one I did, I could not see your right.
COURT. Q. Had the prisoner crossed the road in Cannon-street? A. Yes, the crowd were standing in that part of the road across which he had run.
Prisoner's Defence. I may have knocked up against the prosecutor; but I know nothing about the watch. I heard the cry of "Stop thief," saw a man running, ran after him, and was apprehended myself. We do not know that the gentleman who gave the man the watch was not the thief himself his conscience may have struck him with remorse.
GUILTY .*— Confined Twelve Months.
THIRD COURT.—Thursday, July 16th, 1863.
Before Robert Malcolm Kerr, Esq.
MESSRS. ATKINSON and POLAND conducted the Prosecution.
MOSES BAILEY . I am a corn porter in the service of Messrs. Smith and Sons of Upper Thames-street—their premises adjoin Mr. Allan's—he has our bottom floor in Thames-street—between our premises and Mr. Allan's there is a narrow place called Smith's ride, just room for one cart—there is no entrance from Smith's-ride into the prosecutor's premises, except a small window, there is no doorway—I know Hardy—he was in Mr. Allan's service—I know Parram by sight—I have seen him in the neighbourhood of Thames-street with his pony and cart—I saw him two or three days before the beginning of June, in Smith's-ride—the cart had been backed down—the horse's head was facing Thames-street—he was in his cart—it was a few minutes after 8 in the morning—I saw Hardy put some metal into the cart, and he said, "That is your lot," or something to that effect—he must have brought the metal round from the front entrance to Smith's-ride—I did not see him put metal into that Cart more than once—I then turned and went home to breakfast—I noticed the cart and the horse, it being a very peculiar one—I can't say how much metal there was in the cart—it looked like stove metal—I saw it put up as we were passing—I have been to Queen's-road, Dalston, where Parram lives—I walked down the road and saw a pony and cart, which I identified in a moment as the same I had seen in Smith's-ride—some lad was driving it at Dalston—I don't know that I have seen Parram, but I have seen that same horse and cart in Thames-street on several other occasions close to our ride—that might be within two months before the occasion I have spoken of.
Cross-examined by MR. HORRY (For Parram). Q. There are a great number of carts going about there, I believe? A. Yes—on the morning I saw this I had been at work, and was going to breakfast—I have often seen carts down Smith's-ride in the morning going for corn—but carts from Allan's premises do not go there—that ride is for our business—I did see one cart-load there with iron besides—I have seen carts waiting to load there—plenty of carts have gone down there that I have not seen at all—I was present when a man named Archer was examined—he might have
said he saw an oven and boiler put into the cart—I cannot say I have seen that same cart with other persons in it—I cannot say who was driving it always when I saw it.
COURT. Q. Is there anything particular about this cart? A. There is, it is a good deal too big for the pony, and the pony is a remarkable one—it is black and very thin in its legs—we used to make remarks on the pony as being bandy, crooked-legged.
JOSEPH ARCHER . I am a porter at Messrs. Smith's flour mills in Thames-street—I know Smith's ride—it is a turning with just room enough for one cart—they load from Smith's in that ride—they cannot load from Mr. Allan's, except by bringing the goods round from the front—I have known Hardy eighteen or twenty years: I was at school with him—I leave my work four times a day for meals—I know Parram by sight—I saw him on Tuesday morning, 2d June, in our ride in a pony-cart, about two minutes after 8, when I came out of the warehouse to go to breakfast—I passed his cart in the ride—the cart is too big for the pony, and the pony is bandylegged—I made a remark to one of our workmen about it—I could not see whether there was anything in the cart at that time—I saw Hardy there handing metal into Parram, and there was another man, whom I do not see here, bringing the metal to Hardy—that was not Robert Adams, it was Henry Hawker—it was either a boiler or an oven; something like this (produced)—Hardy said to Parram, "That is your lot"—the pony's head was towards Thames-street—it was about four yards down the turning.
Cross-examined by MR. HORRY. Q. Do you say that Hardy brought it round from the front to the cart? A. No, Hawker did—Hardy was standing by the wheel of the cart at the time.
JAMES MURRAY . I am a corn porter in Messrs. Smith and Son's employ—I have known Hardy about ten years as being in Mr. Allan's employment—I also know Parram—on Tuesday, 2d June, I saw him with his pony-cart in Smith's-ride, at a few minutes past 8, as I was going to breakfast—the cart was backed in—I saw Hardy and a man named Harry Hawker and Parram in the cart taking in some stove-metal—just as we were passing Hardy said to Parram, "That is your lot," and he drove off towards Earl-street—to the best of my knowledge, Hawkins was in Mr. Allen's employment as well—I have often seen him at work there.
Cross-examined. Q. Did you see that particular thing put in? A. It was something similar to this—Hardy put the last thing into the cart, and that was something like this—I saw Hawker bring one lot; that was stove metal—I know Robert Adams; he was not there.
MR. ATKINSON. Q. Have you seen Hawker lately? A. I dare say it is a week ago now—I believe he is not working for Mr. Allan now.
JOHN NAPIER . I am book-keeper to Mr. Allan, and am second in authority under Mr. Hutchinson, the general manager—I am cognisant of the marks on our goods—I went to Parram's premises in the Queen's-road, Dalston, on 9th June, at 11 o'clock—he has a sort of smith's shed there, a little off the road—I went into the shed, and saw Parram's son—he sent another lad for his father, and while he was gone I saw several pieces of metal and Stoves, which I recognised as belonging to our firm by the marks on them and by the patterns—when Parram came I said I wished to purchase a few stoves—he said, "Very well"—I pointed to one in the shop, which I knew was one of our pattern, and said that was the pattern which I wanted—I said I should very likely want six, and I asked him what he would charge for them—he named our lowest wholesale price, 5d. per inch
—we sell that metal at that price to the trade only, to sell again—I then said that he should hear from me in the course of the day—as I was coming away he said that he would make them less; he would make them 4 1/2 d. if I took six of them—I believe the retail dealers sell them to the public at about 6d.—I asked him when he could let me have six—he said the following morning—I then left, communicated with the officers, Gaylor and Whitney, and came back with them in about ten minutes—they were about 200 yards away—when we came back I observed a pony and cart at the door—it was a very small pony, and a very large cart in proportion—"Parram, Queen's-road, Dalston," was on the cart—the pony was brown, I believe—Parram was carrying out some of the metal which I had observed in the shop into the cart—there were pieces of two ranges which I saw in the shop—I cannot really say how much there was in the cart, perhaps thirteen or fourteen different parts of stoves—the officers were in plain clothes—I heard part of the conversation between them—Gaylor asked Parram where he got this metal—he said that he could not tell, but he had invoices at home for it—Gaylor asked me if I could identify that metal as belonging to Mr. Allan—I said I could—we then went to Parram's house—he showed us three invoices, which he took from a file, but none of them referred to the metal we found in the shop—Whitney remained in charge of the cart while we were away—the three invoices were for very small amounts, one for 1s. and another for 7s.—we left them in the house in Mrs. Parram's custody.
CHARLES THOMAS GAYLOR . The prisoner's wife showed me three invoices at his house—I have not had them in my possession since—I was at the hearing before the Magistrate—Mr. Horry represented Parram there—I left those invoices on his premises.
JOHN NAPIER (continued). I saw the invoices when they were produced at the house—I did not examine them very particularly—the amounts were small, but I could not say what they were—they related to no goods that were found on the premises—whilst I was there a person named Tully, a builder, came in—he said that Parram had supplied him with stoves for some houses he had been building—I went to four of the recently-built houses to see those stoves which were so supplied—they are patterns belonging to Mr. Allan, to the value of about 9l. or 10l. in the four houses—the value of the metal found in the cart is about 10l.
Cross-examined. Q. Did you go back to the workshop again from his house? A. Yes; Mrs. Parram brought two invoices down there, but they referred to transactions two years ago—they were given to Gaylor—I have not got them—I never saw them after that—they were for small amounts—I examined all the stoves in all the houses—there were two marked "Carron," none with the marks of the "British Iron Foundry"—there were two ranges in each house, six of them were ours; the size was 32 inches wide—they were built in—I undertake to say that the whole of the fittings of the ranges are ours by the way they are cast and manufactured—I could not see the backs, I only saw the fronts—the bars are all of our easting—I could not see any marks upon them, they were all black, but I knew the pattern—they go from us in a loose condition, and the smith to whom they go fits them up himself—he may fit them with his own materials if he likes.
COURT. Q. There is nothing to prevent him getting other pieces to fit into your pattern? A. He could do that, but it would cost him more than
the whole thing together—it is cast iron—by the pattern I mean the ornamental work in front—the front is all in one piece—this pattern I have referred to is exclusively Mr. Allan's, and registered.
MR. HORRY. Q. But has it ever come to your knowledge whether it was registered or not, that this pattern or other patterns have been used by other people? A. No, not to my knowledge—Hardy has sold goods and accounted to me on one or two occasions—he has sold goods and brought the money into the office—he has never brought me money—if he took an order his duty would be to weigh the goods and report the weight at the office—if a person came to the office and wanted some article, it would be Hardy's duty to come to me, but he did not always do so—he was not allowed, as head porter, to look out goods for a customer without reporting either to the manager or myself—he would then look out the goods, and some of us would make out the invoice—I have never given invoices to Hardy to deliver to the customer, the customer always comes in himself—we are always particular to see the customer, that is our rule—the customer must come and pay the money—I mean to say positively that I never received the money through Hardy, on any one occasion—I went to the warehouse at 9 in the morning—if a person came with an order before that, there is a clerk who comes at 7, whose duty it would be to attend to it—he is here—Hardy ought to have communicated with him if a customer came—I have examined the books with regard to these things that we found, and as regards everything connected with Parram, up to the beginning of last year—his name is on our books as a small cash customer, three or four times up to that time—5d. per inch is our trade price for certain kinds of stoves—we sold metal to Parram to fit them up himself—we should give three months' credit at 5d. per inch—we allow 2 1/2 percent, discount for ready money—we have never allowed 3 percent., I am quite sure of that—Adams was a porter tinder Hardy—I remember Parram saying he had bought twelve copper doorframes from a man named Cooper—those were part of the property seized—I did not visit Cooper's; I don't believe the officers did—Cooper is not here—I know nothing of him—we took stock last November, not since—it is not usual in our trade to take six months' stock—Parram's shed is open to the road, although it lies a little way back—Queen's-road is a long broad road—the shed has folding doors; they were thrown back when I went in—what I saw I saw immediately.
MR. ATKINSON. Q. What is the name of the clerk who attends at 7 o'clock? A. Mr. Lindsay; he is here—the three transactions I allude to with Parram in the eighteen months amount altogether to 1l. 16s. 4d.
COURT. Q. Are the goods you found at Parram's old or modern goods? A. They are new goods—they came to London from our premises in Glasgow within the last six months—there were some stoves and grates lying about near the door of this shed—it is a shop for fitting up stoves—I also saw a forge at Parram's house.
CHARLES THOMAS GAYLOR (re-called). On 9th June I went, with Whitney and Mr. Napier to Parram's shop in Queen's-road, Dalston—I saw a pony and cart at the door; Parram was loading it—it was a middling-sized cart, rather too big for the pony—it was a little black pony—I saw him put boilers and ovens in the cart—there was a boy assisting him—I received some communication from Mr. Napier, and I spoke to the prisoner—I told him we were officers (Whitney was with me), and, pointing to Mr. Napier, I said, "This person is from Mr. Allan's, in Upper Thames-street; he says this metal belongs to them, how do you account for the possession of it?"—Parram said, "I will show you the bills"—Mr. Napier and I then went
to his house in Hertford-street, close by, and left Whitney behind in possession of the metal—Parram got down three files with bills on them, and took off three from the lot; they related to some small dealings with Mr. Allan; one was for 1s., another for 7s. 9d. or 9s. 7d., and the other for some small amount—I should not think they exceeded 1l. altogether—they did not relate to any of the property we had found in the cart or on the premises—I told him that, and said I wanted to see the invoices for the metal he had fetched away that day week—he could not find any other, and we went back to the cart—he said before that that he had not been in Thames-street for more than a fortnight—we took possession of the metal in the cart, and all that in the shed which Mr. Napier identified—I told Parram we had two men in custody, who were coming up on the next Friday, and that he had better bring those receipts and come up to Guildhall, and then he could account for how he became possessed of the metal, and have it back again if the Alderman thought proper—he said—n Here is a person who will be answerable for my coming," alluding to Mr. Tully, who came in at the time—Tully said, "I don't know about being answerable, but as far as I have had dealings with him I always thought him straightforward"—Parram said he would come to Guildhall, and we left—there was an examination at Guildhall on Friday, when Hardy, Woodward, and Adams were in custody—I did not see Parram there—there was a remand—he did not attend at the remand—I went to his house several times after the Friday, and left word with his wife for him to be there—I did not find him at his house—he appeared, at the last examination, and was taken into custody—we left a summons at the house for him.
Cross-examined. Q. At the time you went on the Tuesday first of all, had you any warrant for his apprehension? A. No; we simply requested him to come on the Friday—he did not come—you were there, and said he would come next time—he did not come—we left a summons—he then came, and was put in the dock with the other prisoners—he and his wife were both searching for the bills at his house—I never heard anything said about an 11l. invoice, it was not produced then—Mrs. Parram brought one invoice down to the shed afterwards—I did not see the two—I did not take possession of any—I have been in three cases this session—I think I have given you a 1l. that happened at the shed.
ALEXANDER HUTCHINSON . I am manager to Mr. Allan—we load our goods in the front of our warehouse in Thames-street—we have no means of loading in Smith's-ride, and no right whatever to go down there—this letter (produced) is in Hardy's writing—it was sent to Mr. Allan, Glasgow—I have looked at the items of these three invoices, and compared them with our books—Parram's dealings with Mr. Allan are to a very small amount, somewhere about 1l., not more—they extend to within the last eighteen months.
Cross-examined. Q. Have you seen those things found at Parram's? A. I have not—I could not say they were not sold to somebody else—Hardy has occasionally sold—he has never handed the money to me—I have never given him an invoice to give to any customer—we give invoices with all ready-money transactions—I have never heard of a case otherwise—we always put the name on the invoice which the customer gives—we don't know whether it is a true or a false one—we do not go into particulars when we have ready money.
produced, from Parram's cart at the time—there is a chalk in ark on it, which Mr. Napier said had been attempted to be rubbed out since he saw it in the shed.
JOHN NAPIER . (Re-examined) I saw this boiler when I first went to the shed, under one of the benches out of sight—it was marked "J. A." in chalk very plainly then, and when I saw it in the cart afterwards it was almost illegible—I don't think it could have been rubbed so much in moving it.
THOMAS JOSEPH TULLY . I am a builder—I have known Parram over seven years—he is a smith—I have had dealings with him—this invoice, dated April 18th, is made out by Parram for goods sold to me—they came from his premises, and were paid for—they were fitted up in four houses in the Marlborough-road—I told Mr. Napier where they were to be seen—the amount of this bill is 19l. 9s. 8 1/2 d.—it includes ranges, register stoves, and things of that description—here is another bill of 16th May, 11l. 8s. 10d.—I bought these goods of Parram—they were delivered and paid for—some were fixed, not all—I told Mr. Napier where he could see them—there is another invoice of 23d. May for 13s. 8d. for repairs, which contains the receipt for the other two bills.
Cross-examined. Q. What character has Parram borne in your estimation; is he a straightforward honest man? A. Yes, as I told the officer when he came—I gave him orders for stoves in the usual way—he fitted them up for me—I might have seen them at his place first—living so near, I was often in there.
HENRY LINDSAY . I am a clerk to Mr. Allan—I recollect Hardy being taken on 4th June—I came at 7 o'clock in the morning to open the premises—I am not aware of any goods being sold to Parram on 2d June—if he had come there and bought any goods of Hardy it ought to have been reported to me.
COURT to J. NAPIER. Q. Just give me a list of the goods taken possession of? A. Metal for two kitchen stoves, five stoves, seven pieces of metal, and twelve copper doors and frames.
Hardy's Defence. If the witnesses who have been examined had been there at any other time in the day they would have seen plenty of other carts loading in Smith's-ride. I had no authority to load there. I used my own judgment, and had done so long before Mr. Napier or Mr. Hutchinson came there, to avoid Messrs. Smith's waggons which were in front. On this 2d of June, I think it was, I took a boiler; it might have been that one. It was not whole, and I handed three pieces of metal into Mr. Parram's cart that morning. It was Adam's place to account for it; it was in his department. I merely handed the metal in, and never before but once in my life did I ever load anything into Mr. Parram's cart. I will swear that; only twice. As to the copper doors and other things, I know nothing about them.
PARRAM received a good character.—
GUILTY .— Seven Years' Penal Servitude.
HARDY.— GUILTY .
947. JAMES HARDY was again indicted, with JAMES THOMAS (51), JOHN THOMAS (23), and GEORGE THOMAS (21) , for stealing 21 stoves, 6 ranges, and other goods, the property of James Allan, the master of Hardy.
MESSRS. ATKINSON and POLAND conducted the Prosecution.
MOSES BAILEY , I am a corn porter, at Messrs. Smith's—I know Hardy, and I know a man named Robert Adams, who is not in custody—they were both in Mr. Allan's service—I know John and George Thomas by sight—I have seen them in Smith's-ride with a costermonger's barrow—I last saw them there about a week before the prisoners apprehension—I then saw Hardy put some metal in his barrow, which was in Smith's-ride, and the two young Thomases were there with it—it looked like stove or range metal—it must have been brought from the front part, in Thames-street—I have seen John and George Thomas once or twice a week about there, near Smith's-ride, with their barrow—that has been within the last two or three months before their apprehension—I only saw metal put into the barrow on this one occasion.
Cross-examined by MR. DALEY. (For the Thomases) Q. Are there two narrow lanes, one on each side of Mr. Allan's premises? A. Yes; one is Smith's-ride, and the other is Rutland-wharf—there is an entrance from Rutland-wharf into Allan's premises—there is a door in that lane, I believe—I never went down there—there are a great many ironmongers in Thames-street.
JOSEPH ARCHER . I am a porter, employed at Messrs. Smith's granary, and live at Bennett's-hill, not far from there—I have seen John and George Thomas in Smith's-ride—the last time I saw them there was about a week previous to 4th June, just about half past 1 in the day—I was coming back from dinner—they bad drawn out before we went down—there was a considerable lot of metal in the cart; some furnace pans and range metal—it was a costermonger's barrow with two legs, and drawn by two handles—at the time I first saw them, they were taking stove metal from Hardy and Robert Adams—I have seen them about Thames-street; but I cannot say that I have ever seen them in our ride before—I used to see them two or three times a week, for six weeks or two months previous to their apprehension—I saw them go away with the barrow on this occasion.
Cross-examined. Q. During that six weeks or two months, have you seen other persons draw up, get loaded, and go away in carts and trucks? A. Oh yes, a great many at the front of the house—there is an entrance to Allan's premises in Rutland-wharf—I can't say that any carts ever loaded there.
JAMES MURRAY . I am a corn-porter, at Messrs. Smith's—I know Hardy and Robert Adams—I know the two younger Thomases—I saw them in Smith's-ride about a week previous to Hardy's apprehension, with a barrow—Hardy was standing near the barrow, and the metal was handed to him by Bob Adams, and Hardy handed it to the two Thomases—it was stove-metal apparently—after they were loaded they drew away, and Hardy went into the warehouse for a short time, and then went to the corner of Addle-hill, and was in conversation with the two Thomases for a minute or two, and they then went up Addle-hill, and went away—they had not the barrow with them when they were talking to Hardy—I had seen them about half a dozen times within a month or six weeks of their apprehension in the neighbourhood of Thames-street with their barrow—sometimes it has been in the Puddle-dock, about twenty yards from Mr. Allan's premises, and I have seen them at the corner of the City Mills, about ten yards off—I only saw them load on this one occasion.
Cross-examined. Q. Have you not seen numbers of other persons come
there and take goods away from Mr. Allan's? A. Not in Puddle-dock; from the front of the premises I have, in Thames-street.
MR. ATKINSON. Q. Is there any access to Mr. Allan's premises in Smith's-ride? A. No.
GEORGE THOMAS GAYLOR (City-policeman, 95). On 10th June I went with Whitney to 15, I think, Back-hill, Clerkenwell, James Thomas's place of business—it is a little shop with stoves in it, bell-hanging materials, and so on—I saw him there with his son George—I told him we were two officers, and had received information that his sons had fetched a quantity of iron away from Mr. Allan's, Upper Thames-street, and we wanted to see his sons—he said, "Here is one," pointing to George, "and the other is on a holliday"—I asked him if he had any invoices relating to the things brought away—he said, "We have no dealings with Messrs. Allan, except we might have bought an odd bit now and then"—George was near enough to hear that—Mr. Napier was with us—he searched the place but found nothing that belonged to him, and we went away—on 25th June, Whitney and I went to his shop again—we told him that we had received information that his sons had brought a deal of metal away from there, and we wanted to see them—he said they were both out—I then asked him if he had any invoices or papers—he said he was sure he had not, they had no dealings with Mr. Allan, whatever; they might have bought an odd bit now and then—he then came out into the street, I followed him, and I then said, "Our information is that your sons have received a deal of metal away from this place, have you sold any in the shape of stoves, or made it up into stoves and sold it?"—he said no; his business was not to sell stoves, but to fit them up for other people—I said, "Have you not sold any stoves or ranges to Mr. Kilby or anybody else?"—I told him candidly that we had seen two ranges at Mr. Kilby's—he said he had not sold a dozen stoves for more than a twelve month, and he mentioned the names of one or two persons round the neighbourhood whom he fitted up for—I said to him, "If anybody says you have sold those stoves, they say that which is wrong?"—he said, "Yes, they do"—Whitney was not with me all this time, I left him in the shop waiting for the sons—I then told James Thomas that he must consider himself in custody, he would be charged with receiving the goods, and his sons with stealing them.
Cross-examined. Q. I believe he positively denied selling these stoves to Kilby? A. Yes; he said he had not sold any to Kilby for more than five years—the Thomases have carried on the business of stove and range makers at Back-hill for a great number of years.
GEORGE WHITNEY (City-policeman, 497). I went with Gaylor to the Thomas's premises on 10th and 25th of June—on 25th, Gaylor left the shop—I remained behind; the sons were not at home then—after waiting some time John Thomas came in with a truck-load of metal—after he had unloaded it and taken his dinner, I told him I wished to speak to him—at that time Gaylor came back, and he said, "We want to know when was the last time you fetched away metal from Allan's?"—he said, "We have not fetched any away from Allan's"—Gaylor said, "Not you and your brother?"—he said, "No"—Gaylor said, "Then if anybody says you have, they tell a lie?"—he said, "Yes"—I then took him into custody—he said he might have fetched an odd bit now and then—he was then taken to the station—on the same evening, I took George at the house, 15, Back-hill—I said, "I suppose you know who I am?"—he said, "Yes,"—he had seen me before—I said, "I am an officer, and you can do as you like about answering the questions I
put to you, when did you fetch any metal from Allan's last?"—he said, "I have not fetched any from Allan's"—I said, "Have not you and your brother fetched truck-loads of metal from Smith's-ride, or by the side of Allan's premises?"—I described it as being between Allan's premises and the City Flour-mills—he said he had never been down there with a truck—I then asked him if he knew Mr. Allan's premises—he said he did; he knew all the iron places about there—I then took him into custody.
THOMAS WILLIAM BLOFIELD . I am a builder—I know the Thomases—I have bought stoves of James Thomas, and I might also have had ranges, and frequently boilers alone of him—these invoices are from Thomas to me; one is dated November 15th, 1862, and the other April 11th, 1863—they have James Thomas's receipt to them—the goods are stoves, ranges, gratings, &c.—the order for those was given at Belvedere, in Kent—Mr. Hutchinson has seen some of the stoves which were supplied to me—I should think I have paid James Thomas about 30l.
Cross-examined. Q. You have dealt with Thomas for the last two years? A. Yes; I have bought, perhaps, fifty or sixty stoves of him, and he has done my iron-work and bell-hanging—I carry on my business at Belvedere—I have never heard anything against Mr. Thomas in any way, quite the contrary; he is a respectable man—Thames-street is a great market for the sale of iron—I have not bought stoves there, other articles I have, and have paid for them on the spot, and taken them away—I cannot say whether it is usual to give invoices in all instances.
MR. ATKINSON. Q. Did you ever buy anything at Mr. Allan's? A. Never, to my knowledge.
JOSEPH MILLER TEAR . I am a builder, and have known the Thomases ten years, and have been building some houses at Belvedere in Kent, and during the last four or five years I have had dealings with the Thomases to the extent of from 70l. to 80l.—I dare say I have bought as many as fifty stoves of them—here is a bill of 14th January, for 8l. 0s. 6d—I bought the goods mentioned there, stoves and ranges, of them, and paid the money to James Thomas, the father—he receipted it—here is another bill of 16th April for 6l. 19s. 8d. for registers, &c.—these goods were delivered to me—I paid the money to Thomas, and he receipted the bill—I have put the stoves into my houses at Belvedere, and I have put up some iron railings in front of the houses, which I had from the Thomases—I believe Mr. Hutchinson went to look at the things—I was not there at the time—I did see him there afterwards.
Cross-examined. Q. Did you notice any mark on the stoves when they were put up? A. No, they were invoiced to me with a ticket on them—I never heard anything against the Thomases.
ALEAXANDER HUTCHINSON . I am manager to Mr. Allan—Hardy was employed as head-porter—he had no authority to deliver property to anybody without coming to me, or to one of the clerks—I do not know anything about the Thomases, they are not customers of ours—we do not deliver goods in Smith's ride; the proper place is the front of the warehouse, in Thames-street—I went with Gaylor to several builders about Belvedere—I went to Mr. Tear's house in a park there—I afterwards saw Mr. Tear, and told him what houses I had been to, and he said they were his—I found nine stoves in two of those houses exclusively our pattern—it is a registered design, and we have had it in our place about twelve months—I did not see any iron railings—I also saw some stoves that Mr. Blofield had at Belvedere—I identified nine stoves and one range at his houses—the stoves are what
are called eliptic stoves, of a pattern we have only had out a very few months—there was about 4l. or 5l. worth of property in Mr. Blofield's houses, and about 5l. worth in the others.
Cross-examined. Q. Do you sell many of those eliptic patterns? A. Yes we do—it has not been out more than nine months at the outside—I believe we have sold thousands of them in that time in and around London, and to ironmongers in the country—we always give invoices in ready-money transactions; we should for one stove or two—it was my duty to be there at 9 o'clock in the morning, sometimes I called on several of our customers first, and I should then arrive at 10 or 11—there are three other clerks who have power to serve, and take money in my absence—the books are here—they show what has been sold.
MR. ATKINSON. Q. This letter you have spoken to before, is Hardy's handwriting? A. Yes.
JOHN NAPIER . I am book-keeper at Mr. Allan's—we had a man named Robert Adams in our service—he left after Hardy was taken into custody, and has not been seen since—on 10th June I accompanied the officers to the Thomases' premises—Gaylor told James Thomas that we had got information of a lot of metal being stolen from our premises, and wished to know if he knew anything about it, or if he had any invoices for metal of ours—he said he had not; he had no dealings with Allan's, and had not had any for several years past—his son George was present at the time.
JAMES, JOHN, and GEORGE THOMAS received good characters.
GUILTY .— Seven Years' Penal Servitude each.
HARDY.— GUILTY .—Three Years' Penal Servitude.
Before Lord Chief Baron Pollock.
948. JOHN LEE (35), CHARLES CHILCOT (30), and ROBERT YOUNG (22), were indicted for feloniously killing and slaying William Nicholls; they were also charged on the Coroner's inquisition with the like offence. MR. DALEY conducted the Prosecution.
GEORGE BINKS . I am a barman residing at Barking—on Monday morning, 15th June, about half-past 9, I was going along the Barking-road, and hearing a noise in a place called Palsy-lane, I ran across the fields, and saw two gipsies fighting, Lee and Nicholls—Chilcot was there acting as second to Nicholls—I saw Young there with a sponge and a lemon—I saw him sponge Nicholls between the rounds—I remained there about three-quarters of an hour—I then saw Nicholls struck a blow by Lee, and he fell down—he died in about half an hour.
Cross-examined by ORRIDGE. Q. Did you hear Nicholls say several times that he would go on fighting until he got a cut? A. I heard him say so once—they tried to prevent his fighting, and he say he would go on; I did not see it begin.
Cross-examined by COOPER. Q. Was it a fair stand-up fight? A. Yes; I don't know what they were fighting for—several persons ran in, and picked them up when they fell—I saw Nicholls fall several times from the force of
his own blows—Chilcot endeavoured to stop the fight—he said, "For God's sake leave off; you have had fighting enough"—Nicholls said he had not got a cut yet, and he could fight till he got one—he also said, thank God, he could fight from sunrise to sunset.
MR. DALEY. Q. During all the time you remained did Chilcot continue to act as a second after he had told them to leave off? A. Yes.
LAZARUS SMITH . I am a gipsy, and am encamped at North Woolwich—on 15th June I saw the fight between Lee and Nicholls—I was only staying there—I was on neither side in particular; more on Lee's side than Nicholls'—they had the words on the 4th; what began it was, Nicholls' mother, Happy Nicholls, and Lee's wife had a disagreement, and Happy Nicholls struck her, and the two women had a fight—the men came and parted them, and they had words, and had three or four rounds; but the policeman came and stopped them—a day or two afterwards they agreed to fight on the 15th—they shook hands, and then commenced fighting; there were no appointed seconds—sometimes they would pick themselves up, and sometimes one and another would pick them up—Chilcot and Young might have picked them up in their turns, but no more than the others that I saw—I don't know that I saw a sponge in either of their hands—Nicholls threw himself down several times to avoid being hit—I saw them both strike in the last round, and Nicholls fell—he did not fall apparently from the blow—he appeared to fall down; he had got a blow in the jaw before that—he never got up—I saw Young there at the time.
Cross-examined by MR. ORRIDGE. Q. Is that dropping a part of the science? A. Yes; I was there when the fight began—I went with them—I had known the deceased from his childhood—he had fought a good many times—I have known Lee to have a little scrimmage four years and a half ago with one of his own relations, he had about two rounds, but never before or since till the present time—he is a very peaceable man; I never saw him pull off his shirt before this—I believe Nicholls fought at Southend some time ago, and he was knocked out of time, and the doctors told him if he fought any more it would be likely to cause his death—and once before that, at Braintree, I saw him knocked out of time—he was accustomed to fighting—I believe his mother backed him at Southend.
Cross-examined by MR. COOPER. Q. After he was knocked out of time, did he suffer from his breath or his head. A. From his head—it caused a turn in his eye for about twelvemonths afterwards, and he carried his head on one side—on the occasion of this last fight Nicholls' and Lee's tribes were drawn out; there were about thirteen women and thirty men altogether—I believe the women assisted in taking them up—Nicholls was very much cleverer in fighting than Lee—he used to practice with the gloves, and if ever there was a set-to in a booth at a fair, he would go in.
EDWARD JOHN MORRIS . I am a surgeon at West Ham—on Monday, 15th June, about 3 o'clock, I saw the body of the deceased at North Woolwich—he had then been dead about three hours—I found some slight bruises on his face, and chest, and forehead—there was a quantity of blood oozing from the left ear—I made a post-mortem examination on the 17th—I found a quantity of extravasated blood on the surface of the brain from the rupture of
a vessel—that was the cause of death—that might have been produced by a blow, or a fall, or by excitement—I could not say whether it was from excite ment or violence.
NOT GUILTY .
Before Mr. Recorder.
MARY ANN LOVELOCK . I am cook in the service of John James Andrews, of No. 10, Blackheath-terrace, Blackheath—on Sunday, the 5th of July, I went up-stairs into the childrens' nursery—on coming down I went to my my master's dressing-room door, and looked behind it—I saw the prisoner coming out—the housemaid called out—I put out my hands, and tried to push him back, and said, "You wretch; you thief"—he made his escape down stairs—there were three rings in the dressing-room—Mr. Andrews was ill at the time, and Dr. Pink was attending him, and he went in pursuit, and shortly after brought back the prisoner—he is the man I saw on the premises—I have seen his face before.
THOMAS WATSON (Policeman, 124), I received the prisoner in custody at the house of Mr. Andrews—I charged him with being there with intent to commit a felony—he admitted being in the house, and said he was not there for that purpose—I asked him for what purpose he was there; he said, for the purpose of seeing a servant who lived close by—I took him to the station—he was searched, and nothing was found in his possession.
Prisoner's Defence. Two or three days before my apprehension, I was at the Eagle, and met a young woman who was a servant, and whom I saw home to Blackheath. She promised to meet me on the Sunday, and I went. I waited until nearly 3 o'clock. I thought she was making a fool of me, and being rather the worse for drink, I supposed this was the house. I went into the garden, and seeing the servants going up and down stairs, I was rather confused, and I thought I would get inside this place, and get a chance of getting out again.
GUILTY .**— Confined Eighteen Months.
HENRY GEORGE RELFE (Police-constable, R 300). On 23d June last, I was on duty in plain clothes, in London-street, Greenwich—I saw the prisoner Monroe first handle a coat at a pawnbroker's shop—I saw Lee and Brown about 600 yards ahead, near the baths and washhouses—I watched them—they turned round Circus-street—Monroe then walked with Brown—they stopped a lady—I saw Brown put her hand into the lady's pocket—I went and spoke to her—I then followed the prisoners until I met a constable in uniform—I seized two, and pointed out Monroe, and told the officer to take him into custody—I had Lee in one hand and Brown in the other, and one of them threw the purse into a public-house.
Monroe. Q. Did you see me leave the pawnbrokers? A. Yes; Brown took your right arm—you were asking the lady for something, Brown then drew the purse out—I distinctly saw it—I was not six yards off—you did
not get the purse the first time; you went back a second time—I was standing in a shop opposite—I did not apprehend you immediately, because I wanted assistance, and could not take you all three at once—I went and asked the lady if she had lost anything to make sure that she had—the lady was put into a cab as we came back—I did not find the purse on you at the station-house.
FRANCES TAYLOR LONGMORE . I am a widow, living at 5, Cambridge-place, Greenwich—on 23d June, was walking along Circus-street—Monroe spoke to me—the female was with him—he asked me if I could direct him to the packet—I said it was some distance, and directed him—they then left me, and turned round again and said, 'o Is there not a train somewhere?"—I said, "Yes;" and if they liked to walk by my side I was going near there, and would point it out—they went a short distance, and then he said, "I think we will go by the packet;" and went away—the constable then spoke to me, and I said, "I fancy I have lost my purse"—I am almost sure there was 2s. 6d. but I said 1s. 6d. fearing to make a mistake—there were also two postage-stamps.
Monroe. Q. When I spoke to you was not Brown on my right? A. She was on your left—I met you full butt—I am not sure she took my purse.
Lee. Q. Did you see me near where the purse purse was token? A. I did not see you at all.
JOSEPH MARGETSON (Police-constable, R 122). I took Lee to the station, and searched him—I found 8s. 0 1/2 d. and a penny postage-stamp in his trousers pocket—I believe there was also a small piece of chain, a key, and a knife. ROBERT ALB IN (Police-constable, R 148). I searched Monroe, and found on him 8s. 11 1/2 d. and a thimble—I found no postage-stamp.
Monroe. Q. When Relfe asked you to assist him where did you find me? A. Behind a van—when the constable spoke to me I was coming up Royalhill—the other prisoners were about forty yards in advance.
MONROE and BROWN— GUILTY .
LEE— NOT GUILTY .
Monroe and Brown were further charged with having been before convicted of felony, to which they severally PLEADED GUILTY.
MONROE— Six Years' Penal Servitude.
BROWN— Confined Eighteen Months.
ELIZABETH FENN . I am single, and live with my sister, who keeps a dyer's shop in Church-street, Greenwich—on 20th June, about noon, I was in a room adjoining the shop, and observed the prisoner coming round from the back of the counter where the till is, and making his way out of the hop—I ran into the shop, and he ran out as fast as he could—a policeman was outside, and he brought him back—I went and looked at the till, and found it empty—I had seen it about ten minutes before—it then contained several sixpences and a shilling.
JOHN QUIN (Policeman, R 296). On 26tn June, I was on duty at Greenwich—I saw the prisoner run out of Mrs. Cowell's shop—I followed and stopped him, without losing sight of him—he began crying—I took him back to the shop, and found on him a pack of cards, and 1s. 2 1/2 d. wrapped up in a piece of rag in one pocket, and five sixpences, a shilling and a penny in another pocket—he said the money belonged to his father.
Prisoner's Defence. The 1s. 2 1/2 d. was my own, and the other was my father's; I am innocent; I went into a public-house for a drink of water, and when I came out the policeman caught hold of me.
GUILTY .**— Confined One Month, and Three Years in a Reformatory.
Before Robert Malcolm Kerr, Esq.
956. CAROLINE THURKLE (22), PLEADED GUILTY to stealing 2 gowns, 1 pair of stays, and other articles, the property of Alfred Collingham, her master, having been before convicted.— Four Years' Penal Servitude.
Before Lord Chief Baron Pollock.
MESSRS. METCALFE and ORRIDGE conducted the Prosecution.
JOSEPH ALLEN (Policeman, M 39). On Monday morning, 25th May, about half-past 7 o'clock, I was called by Mr. Pugh—in consequence of what he said I went to 28, Borough-road—I found Dr. Marsh there—I saw the prisoner's wife lying dead on the bed, smothered with blood; I also saw his son lying on an adjoining bed, with his throat most frightfully cut—I then went to Mr. Pugh's shop, and found the prisoner there standing in front of the counter—I told him I must take him into custody for the murder of his wife, and also cutting and wounding his son—he said he knew all about it, but he did not know what he was at at the time; he had been up and down all night long, and he could not get it out of his head—I took him in a cab to the station—Dr. Marsh walked down behind some time afterwards.
Cross-examined by MR. SLEIGH. Q. When he was standing at Mr. Pugh's counter did he appear to be in a vacant state? A. He seemed to be in a very low state, and in great trouble—he put his hand up to his head as if he was suffering.
JAMES MCINTOSH (Police-inspector). I saw a razor found in the front room on the mantel-shelf—I had sent a constable to search the prisoner where he had been detained by Allen, thinking he had the razor upon him, and the prisoner told the constable where it was—I took the charge at the station, and read it over to him, and told him that what he said would be given in evidence against him—he said he had nothing to say.
Cross-examined. Q. I believe you know that he has resided in the same house for a great many years, and has always borne the character of a quiet inoffensive man? A. I have heard for twenty-eight years, and respected by everybody, so far as I can hear.
JOHN MARSH (Policeman, M 92). I went in the first instance to the house in the Borough-road, and there saw the woman lying dead—I went from there to Mr. Pugh's, and found the prisoner there—I told him I had come to search for the instrument that he had committed it with—he said it was in the front room, and it was a razor—I went back and found the razor on the mantel-shelf in the front room—there was also a knife on the table with a stain of blood on the handle.
—on 25th May, I went to the prisoner's house—I went up into the room, and found the prisoner's wife lying dead on the bed with the windpipe completely cut through—she died in consequence of the loss of blood—such a wound might have been produced by a razor.
Cross-examined. Q. I believe you knew nothing of the prisoner antecedent to this? A. No; I had known him as a neighbour for years—it is very generally the case that persons deprived of reason commit violence upon those who are nearest and dearest to them.
WOODFORD HENRY PUGH . I am a chemist, of 102, Borough-road, Southwark—about 7 o'clock on the morning of 25th May, as I was opening my shop, the prisoner came to me and said, "Mr. Pugh, I want to see you; come over"—I had three or four more shutters to take down—after I bad taken them down I ran across and overtook him before he got into his shop—he then told me that he had killed his wife and boy—I said, "Nonsense; let us come up stairs and see what you have done"—I went up into the middle room on the first floor, and saw his wife lying dead across the bed—the boy was not dead—I asked the prisoner to come over with me, and he came back with me to my place—I put him in my inside room, just beyond the shop, and then I ran off to get further assistance—he said he had been trying to kill himself, but he could not do so.
Cross-examined. Q. He had a piece of broken rope in his hand when be said this, had he not? A. He had—I have known him a good many years—I always thought he was devotedly attached to his wife and to the boy—he was seventeen years old—at times, I believe, he was quite idiotic—he was a cripple in body, and an imbecile in mind—I always found the prisoner a very quiet man indeed—he seemed to be a man apparently of great despondency; always low spirited—sometimes he used to talk very incoherently—between three and four years ago he was thrown out of a gig and very much injured—his bead was hurt, and his hand also—I did not attend him; it was only what I heard—I believe he was taken to the hospital—since that time he has been very low and desponding—there seemed to be no pliancy of spirit in his system—I believe that has increased latterly—I saw him on the Sunday previous to this occurrence—he then appeared to be peculiarly desponding and complaining of illness—I saw him with his hand continually up to his head as if in pain.
MR. ORRIDGE. Q. What were his habits as to sobriety? A. That I cannot tell—when I saw him it was generally when he was poorly; he used to come over for a little medicine to restore him—I did not associate with him in such a way as to know what his habits were.
MARY RUTTER . I am the wife of Thomas Rutter, of 58, Little Surrey-street, South wark—I have been in the habit of acting as charwoman to the prisoner and his wife between two and three years on and off—I was at their house twice on the Sunday before this took place—I left just before 8 o'clock on Sunday evening—his wife and son were then alive—the prisoner and his wife were very comfortable at that time—I noticed nothing unusual about either, only when she asked me to come the next day, and I said I would, I noticed a particular laugh on the prisoner's face when he turned round and spoke to his wife, that I had not noticed before; but I did not notice it till this occurrence happened, and then I thought of it—the son was paralyzed, and rather weak in intellect.
Cross-examined. Q. I believe the prisoner was devotedly fond of both wife and child? A. Yes; he was a very good husband and a good master so for as I could see—the week before this he had ordered part of a suit of
clothes for the boy—I helped him to cut a piece of the cloth that was bought for it—the laugh I speak of was a kind of a hideous laugh, he turned round to his wife and said, "You won't get it"—it was such a laugh as I never saw in a person before—I have observed him for some time—sometimes I have seen him come into the shop and lift his hat up in an agitated way, and put his hands up by the side of his hair, seeming rather in a forgetful mood; and he has come up once or twice as though he had left something, and has not wanted anything—I left them for a little while—I have noticed that vacant manner more frequently lately, since I came back.
MR. ORRIDGE.Q. What were his habits as to sobriety? A. I have never seen him downright intoxicated—I have seen him when he has been out on business come home a little fresh, but I have never seen him intoxicated.
MR. SLEIGH. called the following witnesses for the defence.
ALFRED LIDBETTER . I am the prisoner's son—he is about fifty-nine years of age—at times he appeared to be strong in mind, and at others weak—about seven years ago he was thrown from a cart, and was confined eight days in the London Hospital, and was afterwards attended by Dr. Jones at home—I can hardly say how long it was before he was able to resume his business; it was some considerable time before he was right again—he has been stranger at times since then—he seemed more worried at times with regard to work—he wanted a greater quantity of work out than could possibly be done—that troubled his mind—my brother was at times very imbecile—my father was very much devoted to him, as well as to my mother—I remember his suffering from another accident between three and four years ago—he lay underneath a cart for three quarters of an hour, the hone kicking him in the head occasionally—it was in a bye-way where nobody was passing, and late in the evening—he suffered for some time after that—on the Saturday evening before this occurrence he was very strange—I went in to him as usual with the men's time, and he told me to pay them—I asked him where the money was, and he said he had given it to me—he then went to writing, and took no more notice of it for ten minutes or a quarter of an hour, then he said, "Have you not paid them?"—I said, "No, you have not given me the money"—he said "I have;" instead of that he had given it to my mother—on the Sunday morning again he would have that he had given me the money to pay the men—he was lying in bed, and he said, "I feel very ill; I think I shall not get up any more"—I said, "What is the matter with you?"—he said, "It is the worry and bother"—I left him shortly after, and the next I heard was this tragic occurrence—I saw my father and mother together on the Sunday, and they were very comfortable.
Cross-examined by MR. METCALFE. Q. Was he in the habit of drinking at all? A. His business required a little drink, but he was seldom intoxicated—he is in the bar-fitting line, and was constantly in and out public-houses fitting up the bars—he was never very drunk—he would come home fresh, and be very comfortable—I mean he would not be cross or disagreeable—it was not then that he complained of the worry and bother, and put his hand to his head—he was not in liquor when he said he had given me the money—I have noticed this sort of thing the first thing in the morning—on Monday morning he would be equally strange, as on Saturday evening, when he has been free from business—he had not been drinking on Saturday evening; perhaps he had a little drop extra—he was a very domesticated man on Sunday—when he fell out of the cart the second time his arm was broken in two or three places, and his head was injured—I believe the horse
kicked him in the head—a doctor saw him on that occasion—he has been stranger since then, but I do not know that it was the drink—I did not notice that drink affected him more than it did before—I do not think he had been drinking when he was thrown out of the cart; I cannot say.
HENRY HOOK . I am a cabinet-maker, residing in the neighbourhood of the Wandsworth-road—I have known the prisoner more than thirty years—I have worked for him occasionally up to the time of this occurrence—lately I have thought him very irritable and most unreasonable—I remember his being thrown out of a cart—I have not noticed any particular change in him since then—I noticed it more the last day or two—he appeared very unreasonable—he would very much forget himself at times, and would wish work to be done in a few hours that would take many days or weeks—when I have come of a morning he would say it was half-past 6 when the clock was striking 6—I used to try to convince him it was no such thing, but he would have it his own way—he has said it was a strange thing that work was not finished, when it has been finished and gone home—in the course of the week before this happened he put his hand to his head two or three times, and said, "Oh, Hook, you don't know how bad my head is.
Cross-examined. Q. When he complained of his head in that way had be been drinking? A. Not that I am aware of—I don't know that he drank much—I have seen him a little the worse for drink, not much—I was not surprised at it seeing the class of persons he did business with—I have sometimes seen him a little under the influence of drink; not very often—I frequently saw him on a Saturday—I did not very often see him the worse for liquor then—it was very seldom that I saw him the worse for liquor—I can't say whether he drank more latterly—I used to think him rather an abstemious man many years ago—it might be a month or two, or a fortnight before this that I first saw him the worse for liquor—he attended to his business—he generally gave instructions to his foreman—he was rather a good workman—he used to come into the shop sometimes and look round without any apparent object, and then go out again without speaking to any one—I always thought him a competent judge of the work that was done.
MR. SLEIGH. Q. Has he given you work at night, and in the morning asked if it was done, when it would really take a week to do it? A. Yes, he has—ordinarily he has been a sober, abstemious man.
SAMUEL HILL . I married a daughter of the prisoner's—since he was thrown out of the cart he has been much affected—I observed a change—he would come into the shop sometimes, and want a job got out that would take weeks to get done—I was his foreman for seven years—on one occasion he took 30l. off a contract after we had gone into it very closely, and when I did not approve of it he said, "Oh, bless my life, you can do it if you like."—of late he has at times been very irritable, so that at last I could not stand it any longer, and was obliged to leave—he has made erroneous complaints and remarks about the work—by erroneous I mean incoherent—I have been away from him nine months—I did not see him the week before this occurrence.
Cross-examined. Q. When was this accident, since which you observed the change yon speak of? A. I should think it was five years ago; that was the last, there were two accidents—I have not seen him particularly the worse for liquor—he did drink, but nothing out of the way—I never saw him intoxicated so as not to know what he was doing—I never saw him neglect his business through drink—I think I have seen him under the influence of drink, not frequently, sometimes not for three or four months
—he never broke out—it may have been worse on Saturday—his irritability was not through drink; it was sometimes in the morning part—I can't say whether he had been drinking over night.
EVAN BURNELL JONES . I am a surgeon—I now reside in Hanover-street, Hanover-square—I used to live in the Southwark-bridge-road, close by the prisoner's house—I have known him for seventeen years; the first occasion of my attending his family was at the birth of the boy who is now dead—that boy was an imbecile and a cripple—I always found the prisoner's conduct to his wife and child most affectionate and considerate—he was always a strange, odd man, peculiar in his manner, taciturn, uncommunicative—he sometimes would not reply to a question—he would frequently pass me in the street without taking any notice, even if I recognised him—I remember both the accidents that occurred to him, one took place in March, 1856—the history I had of the case was, that a week previous to my being called in to see him, he was thrown out of his cart and taken up in a state of insensibility, and carried in that condition to the London Hospital; there he remained a week, and on his being brought home I was called in to see him—he had very extensive injury to his head and face in the shape of wounds and contusions—I thought that after that his perceptives were less acute, that his strange way was stranger—he took longer to appear to understand a question before he replied to it—the second injury was in 1859—I. had then removed to where I now live, and my partner was called in to see him—he had fractured his arm—I saw him the next day, and continued attending him—there were contusions about the head on that occasion, but no destruction of surface, no wound or serious injury apparent; it was such as might be produced by the kick of a horse—that would jar the brain undoubtedly—I have since then met him occasionally, professionally in public places, I mean parochially, and so forth—he was overseer, I think, some time ago, a member of one of the local boards—he was very much respected—his strangeness of manner has increased—on the last occasion of my going through his shop to see his wife or child, he did not take the slightest notice of me or reply to my ordinary salute—I thought him originally a poor feeble thing, and the shock received by the accidents would aggravate that originally feeble state of mind—I have not seen him since this matter.
Cross-examined. Q. When was he overseer? A. It might have been eight years ago—he was a member of a road trust previous to the passing of Sir Benjamin Hall's act, six years ago—that was subsequent to the first accident—he attended to the parish business pretty well, but he took no part except being there; he would sit the whole evening and never say a word to participate in what was being done—he was undoubtedly competent to perform business, because he carried it on.
Q. Considering all the circumstances and all that you know and have heard of him, have you any doubt that he knew right from wrong? A. I can only give a general opinion, drawing my conclusions from my early knowledge of him, and my knowledge of his having had these accidents, and hearing of what has taken place, I should give it as my opinion, as a man of common sense, that he was not cognizant of his acts, that he did not know what he was doing—it is my opinion that when he killed his wife and child he did not know he was doing wrong—although he told persons of it directly and lamented it, I should still persist in that opinion; taking the history of the case, and it being so thoroughly without a motive, and his peculiar feeble
condition of mind—he must of course have known what he was doing when he was engaged in his parish offices.
MR. METCALFE called
JOHN ROWLAND GIBSON . I am surgeon to the gaol of Newgate—I have had the prisoner under my care since this day week—I have seen him daily and had conversation with him—at present, in my opinion, he is in a sane state of mind—I have seen nothing of feebleness of mind in particular; every mind has its own peculiarity—so far as his condition of mind is concerned, since he has been under my observation he would perfectly know right from wrong—I cannot of course answer for what state of mind he may have been in when this act was committed—supposing a man to have received an injury to his head, or to be originally of feeble intellect, drink would have a greater effect upon him than upon other persons—if he was shut up in gaol so as to be kept from drink, no doubt his mind would improve.
NOT GUILTY on the ground of insanity .— Ordered to be detained until her Majesty's pleasure be known .
MR. DICKIE conducted the Prosecution.
CHARLES KERR . I am a furniture-dealer in the Waterloo-road—on Saturday night, 13th June, about 11 o'clock, I went into my house and closed the door—I went over the premises to see that all was fast, and went down stairs—after I had been there a short time I heard some noise, and came up and saw the prisoner with an easy chair in his hands—he had removed it—there was a light in the shop—the shop door had been opened—when the prisoner saw me he immediately turned his back and ran out of the shop—I think he was sober.
COURT. Q. How did he get in? A. It must have been by some instrument—I had locked the door—he put the chair back again when he saw me he had it in his hand—he was in the act of going to take it out—I ran after him and did not lose sight of him till he was apprehended by the policeman—he ran about 300 yards.
JOHN CHUTER (Policeman, L 123). I saw the prisoner running at the top of his speed, and last witness crying "Stop thief!"—I pursued the prisoner—he stumbled and fell, and I caught him—when I told him the charge he pretended to be drunk, but he was not—he gave his address 15, Phoenix-court, Whitechapel—I went to inquire, but there was no such place.
Prisoner's Defence. I had been drinking. I had a piece of cigar in my hand and wanted a light. I saw that there was a light in this shop. I passed in and was in the act of taking a light when the witness came up the stairs and accused me of being there for an unlawful purpose; and not wishing to be taken, I ran away.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. COOKE and POLAND conducted the Prosecution.
in with two other men, and asked for a quartern of the best gin—I served him—he put down a shilling—it was bad—I told him so, and gave it him back—he gave me another and I told him that was bad too, and returned it to him—he then gave me another and that was bad, I gave it him back, and he gave me another which was also bad, and I returned it to him—he then gave me two more bad ones, and said he had no more money—they were all bad—I believe he was sober—I gave the six shillings to my master, Mr. Scott.
GEORGE SCOTT . I am landlord of the General Abercrombie—I saw the prisoner in my house, and took possession of six counterfeit shillings—I took them down to the station and gave them to a constable—I asked the prisoner where he got them from—I was surprised, knowing him for years, he seemed very much confused, and said he had them of his employer—I took him to the station-house.
NATHAN HILBERT (Policeman, M 215). The prisoner was given into my custody—I produce six counterfeit shillings that I had from Mr. Scott—I found 2 1/2 d. on the prisoner—he said he got the money from his employer—I inquired who his employer was, and he said, "Oh, find out, find out"—I did not find out.
WILLIAM WEBSTER . These shillings are all bad—there are two of 1856 from one mould, and two of 1821 from one mould. The prisoner put in a written defence, stating that he found the shillings wrapped up in a piece of newspaper
GUILTY —Recommended to mercy by the Jury on account of his age.— Confined Four Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
WILLIAM MESSENGER . I keep a chandler's shop at Brixton—on 30th May, the prisoner came for half an ounce of tobacco, he gave me a two shilling piece and I gave him 1s. 10 1/2 d. change—he went away, and I found it was bad, and went after the prisoner—he overtook another man—I followed them 300 or 400 yards—they caught sight of me, and separated—I went after the prisoner, and took him to the station—I gave the two-shilling piece to a constable.
WILLIAM JEPSON (Policeman, P 72). The prisoner was brought to the Brixton police-station by Mr. Messenger, who gave me this florin (produced)—the prisoner was taken to Lambeth police-station, remanded for a day and discharged—I found 3s. 11d., good money on him.
ALBERT HAYWARD . I live with my father at the Cooper's Arms, Park-road, Clapham—on the evening of 6th June the prisoner came for half a pint of porter—he gave me a half-crown—I gave him 2s. 5d. change, and he went away—I put it in the till, and in about five or ten minutes found it was bad—I gave a description of the prisoner to Constable Blackburn, and on 13th June I gave him the half-crown.
WILLIAM BLACKBURN (Policeman, V 257). I received this half-crown, and a description of the person—on the 13th June the prisoner was in custody—he was placed amongst a dozen others, and Hayward picked him out as the man directly.
ANN ELIZABETH HALE . I am in the employment of James Thornton, who keeps the Olive Branch beer-shop in High-street, Clapham—on Fri day evening, 5th June, between 7 and half-past, the prisoner came info half a pint of porter, and gave me a five-shilling piece—I gave it to my master, and he brought the change and gave it to the prisoner, who
went out—we then found it was bad, and I went after him and brought him back with the help of some men.
JAMES THORNTON . I keep the Olive Branch—the last witness showed me a crown piece—I gave the prisoner 4s. 11d. change for it, and he went away momentarily—he was afterwards brought back—he began to cry, and said he did not know he had got it—he gave me back the 4s. 11d.—my wife said he had been the night before, and she would not give him change then, as she did not like the look of him.
CHARLES HALLETT (Policeman, A 265). The prisoner was given into my charge, and last witness gave me this crown piece—I told the prisoner the charge, and he said he did not know it was bad—I found on him a purse, a knife, and two halfpence.
Prisoner's Defence.) I took the money in the street where I stand with my barrow. I did not know it was bad.
GUILTY . Confined Nine Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
THOMAS HOPKINS . I am a druggist, at 3, Cornwall-road, Brixton-hill—on the evening of 24th June, Johnson came into my shop for two penny-worth of pills—he gave me half-a-crown—I had no change—I went to the Duke of Cornwall public-house to get it, and Miss Marsh said it was bad, and returned it to me—I gave it back to Johnson, and told him I could not take it; he said he was very sorry, he had only taken it that day, and he could only take one pennyworth of pills—he gave me a penny and left—I did not see anything of the other prisoner.
ELIZABETH MARSH . I live at the Duke of Cornwall public-house—Mr. Hopkins came to me with a half-crown for change—I tried it with my teeth, made three marks on it, and gave it him back—this is it (produced).
GEORGE SAVAGE . I am potman at the Duke of Cornwall—I saw Mr. Hopkins come in on 24th June, and afterwards saw Johnson come out of his shop—he walked about a hundred yards, and Toll joined him—they walked away together—I followed them nearly half a mile—they stopped opposite Mr. Jones's, and they then went near a butcher's shop, and I spoke to Kempster, the police constable.
GEORGE KEMFSTER (Policeman, V 20). Savage spoke to me, and pointed out the prisoners—I told Johnson I should take him into custody for attempting to pass a bad half-crown at a chemist's shop—he said, "I suppose you want me for the half-crown"—I then took hold of Toll, who was near—they denied knowledge of each other—I searched them then and there—on Johnson I found this half-crown which has been produced, a purse, and a duplicate with the name of Toll upon it—I searched Johnson again at the station, and found 11s. 9 1/2 d. good money on him—on Toll I found four half-crowns wrapped up separately in a paper—Johnson said he lived at Bayswater, but refused to say what place—I found out that Toll was in charge of a house at Balham-hill.
CHARLES JAMES DAWSON . I am in the employment of Mr. Rapley, a bootmaker, at Balham-hill—I know Toll—he had charge of a coffee-shop next door to us for three or four months—Johnson came there on the Thursday and Friday afternoons, and I had seen him there occasionally before
that—on the Wednesday they were taken I saw him at the back of the house talking to another young man and Toll.
Johnson's Defence. I had been lodging with this man for three weeks. I changed a sovereign that morning, and I think I must have taken the half-crown then. I was with Toll at his house till 4 o'clock that afternoon, and then came across Clapham Common with him. I had a headache, and went into the chemist's shop and was told the half-crown was bad.
Toll's Defence. The half-crowns I had in my possession I found in the area of the house I was keeping—I had them in my possession from the time of Epsom Races. I had forgotten they were there, and had changed my trousers that day. It is not likely I should try to pass money so near my home. I am perfectly innocent of this.
JOHNSON— Confined Fifteen Months ,.—TOLL— Confined Nine Months.
PLEADED GUILTY*.— Confined Eighteen Months.
Before R. M. Kerr, Esq.
Before Mr. Justice Wightman.
JOSEPH SAWYER I am assistant to a sheriff's officer—on 16th June, between 12 and 1 o'clock, I was passing down the London-road, Southwark—a female came up and walked alongside of me for a short distance—she put her hand on my left arm, saying, "My dear, I want you"—I put my arm out, and said, " I do not want you, I have nothing at all to say to you"—she continued to hold my arm, and I was then seized by a woman on the other side—I then found a man's arm round my neck from behind—I saw his coat sleeve—he put his hand under my chin, and the fingers of another hand were put into my mouth, and my tongue was drawn on one side, which brought me to a stand—the prisoner then came in front of me, took my watch out of my waistcoat pocket, and attempted to break the chain, but could not, so be gave it a twist with both hands—he got the watch and ran away, and then the others let go of me—I ran after him a short distance—he turned back in the road, and ran back to the other parties—two or three more people were standing with them at the spot where I lost my watch—there were about five girls of the town, one of whom, as I followed the prisoner through the crowd, tried to get hold of me, and a man who was with them struck me, but neither of them stopped me—the prisoner darted down a narrow street, but I never lost sight of him—a policeman took him—I have not recovered my watch—it was worth 30s.
Cross-examined by MR. LILLEY. Q. Where had you been that night?
A. To Camberwell New-road, with a writ of possession to a gentleman's house, after which my master took me down to Putney in the chaise on business—I had not been in any public-house all day—I had two or three glasses of wine at Putney—the prisoner had scarcely got my watch into his hand when I was released—I did not lose sight of him when he turned the corner—it was close to the corner that I was stopped—there was a cry of "Stop thief"—there were not several people running, there was only him and me in the street—I saw two girls running as I was coming back.
MR. HAWTHORNE. Q. Were the people who attempted to stop you standing opposite the end of the street, down which the prisoner ran? A. Yes.
SAMUEL BULL (Policeman, M 69). I heard a cry of "Stop thief," saw the prisoner running down Bath-street, and took him in custody—the last witness came up and accused him of having his watch—he said he had no watch—he was searched, but no watch was found.
Cross-examined. Q. In what state was the prosecutor. A. He seemed very much excited at losing his watch, but he had his senses.
GUILTY —He was further charged with having been before convicted in April, 1860; to which he
PLEADED GUILTY**.— Ten Years' Penal Servitude.
966. AUGUSTE BATALEL (26) , Burglariously breaking and entering the dwelling-house of Enoch Leighton, and stealing therein 1 teapot, 2 candlesticks, and other articles, his property.—Second Count—Feloniously receiving the same. MESSRS. DICKIE and LANGFORD conducted the Prosecution, and the evidence was interpreted to the prisoner.
ENOCH LEIGHTON . I am a boot and shoe maker, of 5, Bradley-terrace, Wandsworth-road—on 4th June I went to bed at 12 o'clock, fastened up my house, and saw that all my property was safe—next morning, about 6 o'clock, I came down and found the kitchen window and shutter open, and the things all gone—an entrance had been effected by getting over a wall at the back and opening the shutter and window—I saw the things at Wandsworth police-court the same day—the window and shutter were closed, but not fastened.
ALFRED NASH . I live with my brother, at 9, South Lambeth-road—on Friday morning, 5th June, about half-past 6 o'clock, I saw the prisoner go to a hole in a field which is fenced in, take out these things, and run away—I ran after him, and asked him what he had got—he said, "A bit of bread"—I said, "Let us look?"—he refused, and I followed him—he put the bundle down and ran away—I went and told the police, and he was taken—I took the things to the police.
Prisoner. Q. Did I not give the parcel into your hands? A. No; you dropped it.
JOHN BROWN (Policeman, V 200). On 5th June, about 7 in the morning, I received information from Nash, and stopped the prisoner—Nash gave me the bundle, which contained two candlesticks, a teapot, a table-cloth, and a towel—he said. "Not speak no English at all:" and I do not know that he can.
GEORGE PERRY (Policeman, V 304). On 5th June, about ten minutes to 1 o'clock, I stopped the prisoner for loitering on my beat—he was about fifty yards from Bradley-terrace—another man who was with him ran away—Bradley-terrace is in the parish of St. Mary, Lambeth.
Prisoner. Q. Did you see any implements of housebreaking on me? A. No, but I saw you watching me.
COURT. Q. Did he speak English to you pretty well? A. Yes; he understood very well what I said—when I asked him what he was there he said, "Nothing."
Prisoner. I am innocent of the charge. I found the articles when I went into the field for a certain purpose. I have been six weeks in prison for what I am not guilty of.
GUILTY on the Second Count . He was further charged with having been before convicted in May, 1862; to which he
PLEADED GUILTY.— Seven Years' Penal Servitude.
>ADJOURNED TO MONDAY, AUGUST 17TH, 1863.