CENTRAL CRIMINAL COURT
TENTH SESSION, HELD AUGUST 17TH, 1863.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, August 17th, 1863, and following days.
BEFORE Sir HENRY SINGER KEATING, Knt., one of the Justices of Her Majesty's Court of Common Pleas; WILLIAM TAYLOR COPELAND , Esq., M.P.; Sir JOHN MUSGROVE , Bart.; DAVID SALOMONS , Esq., M.P.; and Sir ROBERT WALTER CARDEN , Knt., Aldermen of the City of London; RUSSELL GURNEY , Esq. Q. C., Recorder of the said City; WILLIAM LAWRENCE , Esq.; WILLIAM FERNELEY ALLEN, Esq.; JOHN JOSEPH MECHI , Esq.; JAMES ABBISS , Esq.; THOMAS DAKIN , Esq.; ROBERT BESLEY , Esq.; and SIDNEY HEDLEY WATERLOW , Esq.; Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q. C., Common Serjeant of the said City; 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. TENTH 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, August 17th, 1863.
Before Mr. Recorder.
THOMAS EVANS (Police-sergeant, G 22). From information I received on 13th June last, I went with Jarvis to Mr. Savage's, a pawnbroker in Whitechapel-road—I went into the shop, and found Mr. Savage and the prisoner—I told Mr. Savage, in the prisoner's presence, that we had come to make some inquiry about some gold that had been stolen, which he had purchased—he said, "Not me, my man," pointing to the prisoner—I then asked the prisoner who he got it from, and—when he said, "I bought it after business hours on Thursday night"—I said, "Who did you buy it of?"—he said, "Of a man; I never saw him before, and I don't know who he is"—I said, "Is that all you know about it?"—he said, "I asked him his name and address; he looked like a working man; I thought he was in the trade"—I said, "Will you show me the entry?"—he looked about the shop for a book some little time—Mr. Savage said it was upstairs in the drawing-room—a book was fetched down, and the entry was shown—it was the last entry in the book—there appeared to be some sand on the writing—Jarvis, who was with me, said, "This has been altered from the 11th to the 12th"—the prisoner then said, it being an affair that had occurred after business hours, it would not go into that day's account—Mr. Savage said that he always sent all his old gold and silver to Messrs. Johnson and Walker, the refiners, in Aldersgate-street.
Cross-examined by MR. SERJEANT BALLANTINE (with MESSRS. SLEIGH and BEST). Q. Did you take possession of the book? A. Yes; it has been in my possession ever since—the prisoner could not have made any alteration in the book after I went into the shop.
MR. ATKINSON. Q. Who was the book brought down by? A. One of the boys; I don't know which.
GEORGE ALEXANDER BUCKLAND . I am a gold-flatter, in Hop-gardens, St. Martin's-lane—Mr. Summers occasionally sends gold to us to flat—on 11th June some gold was brought to my place—this (produced) is it—I flatted it—I remember young Mr. Summers being at my place—he brought the gold, and called again for it—he got it about 5 o'clock in the evening—there was about nine ounces, full—I saw that gold again next day—the prisoner brought it about 3 in the afternoon—he wanted it melted for an assay—when he produced it I recognised it, and said there was some suspicion
attaching to it, we had rather not melt it—he was quite agreeable not to have it melted if that was the case—he said he was recommended to our house to get it melted, and mentioned some name, which I forget—he said that he had bought it, and he had come from the firm of Savage, of Whitechapel—my father said, "We must detain this," after looking at it a second time—the prisoner said, "You must give me a receipt for it, and I will give you my address"—my brother proposed to go to Mr. Summers to ascertain whether it was really their gold or no—the prisoner said he could not spare the time, he should be wanted at home; if we would write to him that would answer the same purpose—the market value of the gold is about 38l.
Cross-examined. Q. You are not assayers, I believe? A. No, melters and flatters—a great quantity of gold goes through my hands—I have a good deal of experience in the matter—a person of small experience would not be able to tell the actual value until he had it assayed—from our experience we could judge that the one portion was fine gold, and the other nearly fine; it was flatted by us—its value is easily seen by us, not by a person not in the trade—a person knowing it to be gold could tell pretty nearly the value of it.
WILLIAM SUMMERS . I assist my father, Frederick Summers, in his business of a gold-beater, in Little Britain—on 11th June I went to St. Martin's-lane for this gold—I got it about 5 o'clock, or a little after—I came down Fleet-street—two persons, named McDougal and Eades, were with me—I carried the gold—McDougal asked me to let him carry it, and I did so, and about a minute after he disappeared without my knowing it—I did not see what became of him.
Cross-examined. Q. Is this the first time you have ever lost gold entrusted to you? A. Yes, this is the first—I swear that—McDougal was a companion of mine—I had known him nearly twelve months—he lived in St. John-street—I went there about an hour or so afterwards, to see whether he had gone home—St. John-street is about a quarter of an hour's walk from where I lost him—I did not go there at once, because I did not know that he had gone away with it—the one that was with him said he had gone to Bradbury's, in Fleet-street, to see somebody—I slept at McDougal's house that night.
COURT. Q. Did McDougal return home that night? A. No, I have never seen him since.
Cross-examined. Q. You are not an assayer? A. No; we have to melt gold, but we do not style ourselves gold melters, because we do not melt for the trade; we are gold-beaters, and manufacturers of gold and silver leaf—it is not alloyed before it comes to us to be beaten; we alloy it—there is a variation of 1s. per oz.; the highest price is 86s., and the lowest 85s.—we alloy the gold according to the purpose it is intended for—it can be alloyed down to almost a little above the value of silver—in order to produce a very extraordinary colour, we have reduced it to one-half in value—some notion of the value of gold may be formed by the use of a stone and aqua-fortis—I should think a person, without having it assayed, might be able to tell the value within a few shillings.
MR. ATKINSON. Q. Would a man who buys and sells gold of that kind in the ordinary course of trade, by looking at it, know pretty well what the
value of it was? A. I should say so, or he ought not to buy and sell—if alloy was mixed with it it would not look the slightest like that in colour.
JOHN SAVAGE . I am a pawnbroker in Whitechapel-road—the prisoner is my managing man—he buys and sells for me—I had nothing to do with the purchase of this gold—the first I knew of it was on Saturday morning, the 13th, the day the police came—I don't know that I have ever had gold assayed—I have generally sold my gold to Messrs. Johnson and Walker; that is, gold in the usual course of business, small amounts.
Cross-examined. Q. How long have you carried on business? A. Thirty years for myself—the prisoner has been in my employment two years and a half—he came from Redpath's—he had been there, I think, between three and four years—I am very much interested in this defence—I believe him to be a highly respectable young man—I had the first of characters with him—I knew of this purchase on the Saturday morning—I have no partner; the management of the business was left in the prisoner's hands—I come to town three times a week, on Monday, Thursday, and Saturday—I was not in town on the Friday—on the Saturday morning, when I came to town, I went upstairs, as I usually did, to the dining-room, where my accounts and letters are placed—I went up and read my letters, and saw this book with this entry in it: "9 ounces of gold purchased for 28l.," with the date altered as it now appears—the effect of that would be to bring it into the balance of that day instead of leaving it on another date which had already been balanced—the pawnbroking business had been balanced, and the cash told up—the prisoner could not by any possibility have gained the slightest advantage by this—my attention was called to the entry—that entry was made before the officers came—whatever profit there was in the arrangement I should have had.
COURT. Q. Have you any book in which an entry would be made of the money paid out or received, beyond this book? A. No, I should find it out by the shortness of cash.
Witnesses for the Defence.
ALFRED SPENCER . I am assistant to Mr. Savage—I was present when this gold was bought by the prisoner—I was engaged while the transaction took place—soon after the person left the shop I saw the prisoner make this entry in this book—that might have been four or five minutes after the purchase, not longer—on the Friday morning, after breakfast, I saw him alter the entry—in the course of the Friday a person in the trade, named Davis, was in the shop talking to the prisoner—the prisoner showed him the gold, and he recommended Mr. Buckland, of Hop-gardens, as a proper person to take it to.
Cross-examined by MR. ATKINSON. Q. Where is that book usually kept? A. In the shop, not in the room upstairs—any person could see it—we have no other book except this for entering payments of cash—all the purchases made in the shop from the first date in the book are entered here—there is no other; we do not keep a cash book—we have other books for the pledges—we have no other bought-book—I was about the middle of the shop at the time the transaction took place, the prisoner was at one end—I was making up the low book, in which we enter our low pledges; that is, sums under 5s.—I saw the entry made on the Thursday night—there were two boys shutting up at the time; one was carrying the shutters out, and the other putting them up—I do not think they were in the shop at the time the entry was made—I did not take particular notice of the person who brought the gold; he appeared to be a middle-aged man, of about thirty or forty years of age—I had never seen him before.
MR. SLEIGH. Q. Has Mr. Savage a plate and bullion licence as well as a pawnbroker's? A. Yes.
HENRY DAY . I am one of Mr. Savage's assistants—I remember the evening on which the prisoner bought some gold—I saw this book on the counter, but I did not see him do anything to it—on the following morning I was close by his side writing tickets, and saw him alter the date from the 11th to the 12th.
Cross-examined. Q. Where did he do that? A. At the top of the shop—the book is usually kept in the shop, but on the mornings when Mr. Savage comes it generally goes up to the dining-room, where Mr. Savage goes through the accounts.
JAMES JOHNSON . I am a gold-refiner, in partnership with Mr. Walker—I understand thoroughly the process of alloying gold—four guineas an ounce is the purchasing price unalloyed—it is alloyed for the different purposes of trade down to 16s. an ounce—when it is alloyed to a certain value, a little below 18 carats fine, a person can tell its value by the application of a stone and aqua-fortis—it would then be about 63s. an ounce—below that it is acted upon by the acid—from 63s. to 80s., a person would not be able to tell the actual value by tests—a man who did not understand his business buying gold at 63s. would not be able to tell the actual value, without an assay—my practice is great; I can tell by the eye—supposing my eye did not tell me, I could not tell the value without an assay.
Cross-examined. Q. You have done business for Mr. Savage, have you not? A. I have—I do not know how long he has had. a plate and bullion licence—I believe it is usual for pawnbrokers to have a plate licence—I have done a good deal of business with him at different times—I have known him some years—I should say he does a good business in buying and selling—I cannot say when I last had any dealings with him—Mr. Savage generally brings his lots himself—it is not very often—our place is in Aldersgate-street—there are several other refiners in that neighbourhood—a gold-flatter is a different business from a refiner.
MR. SERJEANT BALLANTINE. Q. Is Mr. Savage's a perfectly respectable establishment, as far as you know? A. Yes.
MR. SAVAGE (re-examined). I have had a plate licence as long as I have been in business, thirty years—there are entries at both ends of this book; one is the purchasing and the other the selling—where no price is put there was no profit attaching to the sale; and I am sorry to say that is the case with a good many lots.
THOMAS REDFERN . I am a jeweller and dealer in gold in Edgeware-road—with respect to gold above the value of 60s., it is difficult to arrive at the precise value without an assay—I never buy gold if more than 60s. an ounce is wanted without first sending it to Mr. Johnson to assay.
MR. SAVAGE (re-examined) I had not given the prisoner any special instructions as to purchasing after 7 o'clock; we take it for granted that they know the Act, but unfortunately ten out of every twenty young men do not know whether or not they have a right to purchase after 7 o'clock.
NOT GUILTY .
GUILTY .— Six Years' Penal Servitude.
JAMES REED . On the night of 14th July, I was with the prisoner, going towards a field near Chase-gate, Hadley—I had been working with him all day and supping with him—I was quite sober—I expect we were both so—my brothers had been with us at supper, but they were not with us when this happened—after supper the prisoner and I turned back to the field at the Chase-gate and lay down—the prisoner said I should not lie there, if I did he would cut my head off with a scythe—there had been very few words between us; only what he said himself—I had given him no blackguarding—he said this without any provocation—I did not lie down—the prisoner started with the intention, as I supposed, to fetch the scythe, and I went to stop him and he threw me down, kicked me in the body, and cut me with a knife on the left arm—I did not strike him at all before he struck me—I struck him with my open hand, but not before he cut me with the knife in the arm, here is the mark; I bled very much—I went for a policeman.
Prisoner. Q. Did you not knock me down after we got out of the town of Barnet? A. No, I did not—I did not push you into a pond and say, "You b—I will drown you"—I did not offer to fight you.
CHARLES GODSON . I am a surgeon at Barnet—the prosecutor was brought to my surgery about 1 in the morning of 15th July; he was very much exhausted from loss of blood, and was then bleeding profusely from the left arm—there were four or five deep jagged wounds, one almost reaching to the bone, which I was obliged to sew up and dress—I consider he was in danger from such severe wounds—erysipelas might have followed, but they healed up very well.
JOHN PARSLEY (Policeman, S 258). I met with the prosecutor on this sight and took him to the surgeon—I took the prisoner into custody about 5 o'clock in the morning—I told him he was charged with cutting and wounding—he said he was very sorry, but it could not be helped now.
Prisoner. Q. Did not I show the place where he shoved me into the water? A. You said that he had shoved you in the water—I did not notice that your clothes were wet—you had gone away and taken your scythe away.
GUILTY of unlawfully wounding .— Confined Nine Months .
The following prisoners PLEADED GUILTY:—
973. HENRY FADD (21) , to burglariously breaking and entering the dwelling-house of Thomas Proudfoot, and stealing 8s. 5d. his property.—** Six Years' Penal Servitude. [Pleaded guilty: See original trial image.]
Judgment Respited.[Pleaded guilty: See original trial image.]
NEW COURT.—Monday, August 17th, 1863.
Before Mr. Common Serjeant.
HENRY SHOEBRIDGE . I am a market-gardener at Halsted, in Kent—at about 5 o'clock on the morning of 11th July, I was at Covent-garden market—the prisoner came up and asked the price of a box of strawberries—I said 25s.—he offered me 1l.—I said he might have them—he gave me a sovereign—I looked at it, and put it in my right-hand waistcoat pocket, where there was no other money—a man standing on the other side came across and spoke to me then—I kept the sovereign in my pocket by itself till I went to the station and gave it up to the constable—I heard the prisoner was taken into custody, and went and identified him—I put a mark on the sovereign—this is it (produced).
Cross-examined by MR. RIBTON. Q. Did you put it in your pocket before the man came up to you? A. No; afterwards—I had no other gold about me.
MARY ANN COTTERELL . I live at Horsham—on 11th July, about half-past 6, I was in Covent-garden market selling fruit—the prisoner bought a sieve of currants of me for 4s. and left a shilling on the basket, which he was to return—he gave me a half-crown, two shillings, and a sixpence, and went away—one of the porters came and spoke to me and I looked at the half-crown and found it was bad—the other money was good—the prisoner was afterwards taken into custody and brought back to my place, and I identified him.
Cross-examined. Q. How long after you got the money was it that the porter spoke to you? A. Not a moment; he saw the prisoner put the money in my hand, and came directly.
EDWARD HALEY . I am a porter in the market—I saw the prisoner in front of Mrs. Cotterell's stand, and saw him give her half-a-crown, two shillings, and a sixpence, and leave with the currants—I immediately spoke to Mrs. Cotterell, and took the half-crown up and found it was bad; I kept it, and went after the prisoner who was about 200 yards off—I said, "You must come back"—he said, "What for?"—I said, "Mrs. Cotterell wants you"—he said, "I don't want to go back, you take the currants back"—I said, "No"—he said, "Here is 3s. for you and let me go"—I said, "No, I am not to be bought like that," and he then came back to the stand with the currants—he wanted to get out of the stand and I would not let him go—he laid hold of me and I took hold of him—he kicked me about till the beadle came and took him into custody—when he came back to Mrs. Cotterell's stand I told him the half crown was bad, and he wanted to give her a good one for it, and said he was not aware of it, and that he had just bought a bushel of peas and got it in change from a man named Bagley for a sovereign—he was given into custody—I marked the half-crown at the station and gave it to the inspector—this is it.
Cross-examined. Q. Have you ever been convicted? A. No, never; nor ever been in any trouble, I swear that—I have been employed as a porter in the market for about eight years at a weekly salary—I took the half-crown out of Mrs. Cotterell's hand and followed the prisoner with it—he said he had it from Mrs. Bagley not Mr. Bagley—he might have asked Mrs. Cotterell to go with him to Mr. Bagley; he could not have asked me—I swear he did not—The witness's deposition being read stated: "He asked me to go with him to Mrs. Bagley's and I refused to go"—All I can say is he could not have asked me to go with him.
a beadle in the market—he is too ill to attend—I have had them in my charge ever since.
Cross-examined. Q. Where did Crabb give them to you? A. In his own house, about half-past 8 in the evening.
The Prisoner was further charged with having been before convicted of uttering counterfeit coin on 16th December, 1861, in the name of Alfred Millwall—Sentence, Six Months; to which he
PLEADED GUILTY.**— Five Years' Penal Servitude.
MESSRS. COOKE and POLAND conducted the Prosecution.
GEORGE SEAGER . On 3d. June, I was assisting at the Admiral Nelson public-house at Westminster—Ford came in for a pot of half and half; he tendered a shilling—I found it was bad and told him it was no use to come to us, we knew too well what good money was, and if he came again we should lock him up—he was very abusive and I called in 228 B, and gave him the shilling and another one which I had taken previously—the landlord was out of town, and Ford was let go.
Ford. Q. Was there not a young woman who called for a pint of beer at the same time? A. No; a young woman came in with you.
ANNA GUBBY . I live at 11, Lower George-street, Chelsea, and keep a greengrocer's shop—on 29th June, Leary came to my shop for 2 lbs. of potatoes, and gave me half-a-crown—I gave him 2s. 4d. change—the instant he had left I found it was bad—I went after him; he had got two or three doors down—I said to him, "You are aware you have passed a bad half-crown, and if a policeman was here I would give you into custody"—he said he took it of his master—he then gave me the change and the potatoes back—I broke the half-crown in two—I kept one piece and he had the other—I allowed him to go—I happened to be at the police court and recognised him in custody—I gave the piece of the half-crown to 143 B.
RICHARD BARTLETT . I keep the Two Brewers public-house, Little Tufton-street, Westminster—on 30th June, the prisoners came to my place together between 3 and 4 o'clock in the afternoon—Leary called for a pot of half and half, and tendered my barmaid a bad half-crown which she handed at once to me—I asked Leary where he had it from; he said he had it at his work in Hungerford-wharf—I detained them and gave them into custody.
JOHN STARR (Policeman, B 143). Ford was given into my custody—on the way to the station Leary said to Ford, "I think it is a case with us at last, Jack"—I received this piece of a half-crown (produced) from Mrs. Gubby.
Leary's Defence. I got the money where I was at work, and I took Ford and some others into the public-house to treat them. I did not know the money was bad.
Ford's Defence. I met Leary with two girls and another young chap; he asked me to come and have a drop of beer. I went in, and the landlord said the half-crown he gave was bad. Leary said he had it from his work. I said I had nothing to do with it, it was no use keeping me; he said, "I shall keep both of you."
GUILTY .— Confined Nine Months each.
MESSRS. COOKE and POLAND conducted the Prosecution.
ELLEN THRELLFORL . I am the wife of James Threllforl, who keeps the City Arms public-house at Hanwell—on 15th July, the prisoners came to our bar—Freeman asked me for a pint of ale—he first gave me a sovereign—I said I had no change, and he gave me a crown-piece—I tried it with my teeth and found it was bad—I gave it him back and told him it was bad and that I could not change it—he then gave me the sovereign again and asked me to change it—I said I could not, and he then asked Brown for a sixpence—he said he had not got sixpence, but he had a two-shilling piece—Brown gave him that and I gave him change—Brown had half-a-pint of beer by himself.
Cross-examined by MR. SMITH. Q. About what time was this? A. Between 10 and 11 in the morning—the two-shilling piece was good.
SARAH JACKSON . My husband keeps the Load of Hay beer-shop at Greenford, near Hanwell—on 16th July, very near 11 o'clock, the prisoners came in—Freeman called for a pint of ale and a penny-worth of tobacco, and offered me a five-shilling piece—I put it in my mouth, found it was bad, and returned it to him—Brown then gave me sixpence—they left together, and took away the five-shilling piece.
Cross-examined. Q. What is the distance between your public-house and the one at Hanwell? A. About a quarter of a mile—there is no other house between the two.
SARAH FLYNN . I am the wife of John Flynn, a baker at Greenford—on Thursday morning, 16th July, a little after 11, Freeman came for a pennyworth of bread—he asked first for change for a sovereign—I said I had no change—he then gave me a five-shilling piece, and I gave him 4s. 11d. change; he also had some cheese, and paid me with a penny—he then asked me the way to Willesden—he went out of the shop and returned again, and asked me where they sold ginger-beer—I directed him, and he went over to a shop where they sold it—he did not go towards Willesden—a person, named Robinson, afterwards asked me what he had given me—I looked at the five-shilling piece, and found it was bad—it had been in my pocket by itself—I bit it before I gave it to the constable—I did not see anything of Brown till Freeman was taken.
Cross-examined. Q. Have you not said this was before 11 o'clock? A. I should think it had gone 11—it was a very little after 11—we always put the money in our pockets, very rarely in the till.
GEORGE TARRANT (Policeman, G 330). I received information and went after the prisoners, and found them with a pony and cart—I found a sovereign in Freeman's pocket, and a two-shilling piece in his mouth, good money—I produce a five-shilling piece that Mrs. Flynn gave me—Freeman said he borrowed the five-shilling piece of Brown—Brown did not say anything to that—my brother constable searched Brown, and found 4s. 4d. good money, a knife, and a small chain.
Cross-examined. Q. How do you know it? A. By the mark I put on it—we do not take many five shilling-pieces—I am perfectly satisfied this is the crown.
GUILTY .— Confined Nine Months each.
MESSRS. COOKE and POLAND conducted the Prosecution.
JOSEPH TREDALL . I am barman at the Duke's Head, Norton Folgate—about half-past 7, on the night of 16th July, the prisoner came in there with a woman; an old man came in first—the prisoner said to him, "What are you going to stand for the old girl and me; will you stand some port wine?"—the old man said, "You must drink the same as I have"—that was spruce, and some spruce and hot water was ordered, and paid for—the old man then left, and the prisoner asked for a bottle of ginger beer—he produced a sovereign, and I put the change on the counter—a half-sovereign, three half-crowns, a florin, and 2d.—I was just going to put the sovereign in the till when the prisoner said, "This is not Watt's ginger beer; I like Watt's; give me back my sovereign"—I gave it him back, and he and the female walked out—I did not see him touch the change—I picked it up, and found the half-sovereign was counterfeit—it was not the one I had given him—I ran after the prisoner—he was walking down White Lion-street—he turned round, saw me, and ran away, leaving the female—she turned up a court, and I captured her—another young man ran after the prisoner and caught him in a cab.
JOSEPH HURST . I am under barman at the Duke's Head—I saw the prisoner put down the sovereign—Mr. Tredall gave him the change, and turned round to put the sovereign away—the prisoner said, "This is not Watt's ginger beer, is it?"—he said, "No, we have not got it"—he said, "Give me my sovereign back"—he did so, and they went out—I afterwards ran after the man—I saw a cab starting from the stand at Shoreditch—the prisoner was inside—I said, "Here, young fellow, I want you"—he said, "What for? you are mistaken"—I went to one side of the cab, and he tried to get out of the other—I went round and caught him.
SAMUEL MARTIN . I am a hackney carriage attendant at the stand, High-street, Shoreditch—on the evening of 16th July, the prisoner walked up, got into a cab, and said to the cabman, "Strand, quick"—the last witness then came up, and said that he wanted him—the prisoner wanted to get out of the other side of the cab—we followed him up Shoreditch and secured him.
Prisoner. Q. When you apprehended me, did I walk quietly to the station without a policeman? A. Yes; nothing was found in the cab.
ISRAEL WATTS (Policeman, N 184). I was in White Lion-street on this day in plain clothes, and saw the prisoner and the female cross the road into White Lion-street—the prisoner then ran up the first turning on the, left—I took the female to the station, and Mr. Jodain there gave me this half-sovereign (produced) which I afterwards gave to Moffat—the woman was discharged.
JAMES MOFFAT (Policeman, G 94). The prisoner was given into my custody—I told him he was charged with uttering a counterfeit half-sovereign—he said he knew nothing about it—he was searched at the station, and a good sovereign and a penny found on him—I produce a half-sovereign which I received from the last witness.
GUILTY .— Confined Nine Months.
MESSRS. COOKE and POLAND conducted the Prosecution.
GEORGE KING (Policeman, D 76). On Saturday, August 1st, about half-past 1, I was in Bond-street in plain clothes—I saw the prisoners there walking together, and followed them up Bond-street as far as Brook-street—they crossed over into South Moulton-street, and stood talking there two or three minutes, and then the man walked away, and the woman went further up the street and met a little girl—she stopped her, and spoke to her—the little girl shook her head—the female said something else to her, but she shook her head again and ran away from her—she then joined the male prisoner again, and walked a little further up the street, then he crossed over and she met another little girl, named Louisa Taylor—she spoke to her, and gave her something—the little girl left her, and came running past me on the opposite side of the way, and went to a stationer's shop, No. 13—she came out again—the female met her just where I was standing, and I saw the little girl give her some silver, and the prisoner give the little girl something back—she then joined the male prisoner, and they went together towards Oxford-street—I ran over and spoke to the little girl, who had gone down a court, and afterwards went into the stationer's shop—Day showed me a bad half-crown—I then went after the prisoners, and followed them into Woodstock-street, Bond-street, Brook-street, and into South Moulton-street again—they then separated, and I spoke to 317 A about the woman, and I went and took the man in custody—I told him I was a constable, and should take him into custody for being concerned with the woman, pointing to her, in passing a bad half-crown—he said, "You have made a mistake, old fellow"—I then took him across to the woman and saw her throw something from her right hand—I called out to the other constable, "Pick up that half-crown that the woman has thrown down"—he picked it up, and gave it to me at the station—we found a half-penny in the female's hand—I had hold of the man by the collar and left hand—when we were in Argyle-street a boy, named Howard, came up and said to me, "Here is something which the man you have got hold of has thrown into a cab; here is a half-crown"—I said, "Give it to the policeman"—there was a policeman standing close by him—the prisoner said, "Let me go; I know nothing about it; take it away boy; if you don't I will strike you;" and he endeavoured to strike him—I searched him at the the station, and found a florin, four shillings, and 2d., all good money—the packet found in the cab was handed to me—there were two separate parcels, one contained these four half-crowns, and the other contained these eight, twelve altogether (produced)—this is the loose one the boy picked up in the cab.
Long. Q. How long was it after the girl came out of the shop that you went into it? A. Not half a minute—I did not see you throw anything away—I watching you closely all the time, except crossing Oxford-street, where the traffic was so great I had to look after myself and you too, to get across—I said if you put your hand in your pocket I would throw you on your back—you could have done so without my seeing it as we were crossing over, you must have taken the parcel out of your pocket then.
was in the street on 1st July—the female prisoner spoke to me, and said, "Little girl, will you go down the street and fetch me six pennyworth of stamps; if you will I will give you a halfpenny;" and she told me to make haste—she gave me a half-crown, and told me to go to the stationer's shop down the street—I went to Scripps and Day's, and saw Mr. Charles Day in the shop—I gave him the half-crown I got from the prisoner, and he gave me six postage-stamps and two shillings—I came out, met the prisoner, and gave her the stamps and the two shillings, and she gave me a halfpenny—she asked me if I had seen a lady or a gentleman in the shop, and I told her a gentleman—she then went away towards Oxford-street—I went down a court—the policeman came and spoke to me, and I told him what had taken place.
Long. Q. Are you sure this is the woman who gave you the half-crown? A. Yes; I know her by her face—I was at Marlborough-street the same afternoon; I saw her there, and was then quite satisfied that she was the person.
CHARLES DAY . I am in the service of Scripps and Day, stationeries, 13, South Moulton-street—on 1st August I served the last witness with sixpennyworth of postage-stamps—she gave me a half-crown; I gave her 2s. change, and she left—I then tried the half-crown, and while doing so the constable King came in and asked to look at it—we found it was bad—I kept it in my pocket in a piece of paper, and afterwards gave it to the constable—I went out into the street, and saw the prisoners in custody—I saw the woman throw away a half-crown.
GEORGE HOWARD . On Saturday, 1st August, I saw a crowd coming up Brook-street, and the two prisoners in custody—I followed them to Argyleplace, out of Regent-street—there was a Hansom cab standing there; the male prisoner was next to the cab as they passed by, and in crossing over Regent-street I saw him put his right hand in his right-hand trowsers pocket and throw a packet into the cab—I jumped in after it and picked it up, and a half-crown fell out—I gave the packet and the half-crown to the policeman.
Long. Q. Did you see a packet in my hand when I crossed Regent-street? A. Yes; after you put your hand in your pocket I saw a paper—you were holding your hand half closed.
CHARLES PORTCH (Policeman, A 317). The female prisoner was given into my custody by King—as I took her, something dropped from under her cloak—King said, "Look out for that half-crown!"—I stooped down and picked up a bad half-crown—I found a halfpenny in her right hand—on the way to the station she said this was a mistake, she did not know what it meant—I saw the lad Howard in Argyle-place—he said, "That man has thrown this packet into the Hansom cab, and I jumped in after it and took it out"—he gave me the packet, with a loose half-crown—I gave them to King.
Long's Defence. On the morning of 1st August I was standing in South Moulton-street, and the policeman took me into custody. I was never in any woman's company that day, and never had a bad coin in my posession. I know nothing about the bad money, or about this woman.
LONG.— GUILTY .— Confined Eighteen Months.
WILLIAMS.— GUILTY .—Recommended to mercy by the Jury, believing she was acting under the influence of the man.— Confined Nine Months.
Confined Nine Months. [Pleaded guilty: See original trial image.]
OLD COURT.—Tuesday, August 18th, 1863.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
THOMAS SMART . From instructions I received, I went with another officer to watch the premises of Mr. Hill, a confectioner, of Bishopsgate-street Within—about half-past 4 o'clock on Monday, 10th August, I saw the prisoner leave the premises—we followed him into Wormwood-street—on coming up to him I told him I was an officer, and asked what he had about him; that he was suspected of having something about him which belonged to his master—he said, "Who instructed you to watch me? I have only a few eggs; it is a very bad job for me; cannot the matter be compromised?"—I said, "Not under any circumstances; I must take you to the station and search you"—I searched him at the station, and found in his hat this cake, which just fitted the hat, and 6 small cakes, and 10 eggs in his pockets—I afterwards searched his lodging, and there found some lemon-peel and some cakes, a quantity of butter rolled up in paper, and some loaf sugar, and about 1 1/2 lbs. currants; they are such things as confectioners use.
WILLIAM HILL . The prisoner was in my employ as a biscuit-baker, and had been so for about five or six years—the articles produced are such as I use—I believe these cakes to be mine—this cake was quite hot, just from the oven, when I saw it at the office—I keep peel such as this.
Prisoner. Q. Did you not have a good character with me? A. Yes.
Prisoners Defence. The lemon-peel and currants were not found in my possession; they do not belong to Mr. Hill. The cake was put into my hat; I never stole it. It is a trap laid for me.
GUILTY .—Recommended to mercy.— Confined Four Months.
MR. PATER conducted the Prosecution.
THOMAS CLAYTON . I am head-waiter at the George Hotel, Aldermanbury—on 24th July I saw the prisoner there—he called for a glass of ale, and sat near the fire-place—after I left the room he got up and moved nearer the door, and I watched him through the glass—some time after he called for a sheet of note-paper, and wrote a letter—after that he went to the corner and took an umbrella—it is a place partitioned off, where the plate is generally kept, and where no one has any business to go—the visitors' umbrellas are not kept there; they are kept in an umbrella-stand outside—I saw the prisoner leave with his own umbrella in his possession, and one belonging to me—I caught him in Three Nuns-court, leading into Basinghall-street—I said, "I must take you back for taking an umbrella belonging to me"—he said, "Oh, don't take me back, I will give you half a sovereign and both the umbrellas—I took him back to the hotel and sent out for a policeman—these are the umbrellas.
Cross-examined by MR. KEMP. Q. Is yours a cotton umbrella? A. No, silk—I have charge of the plate—I did not miss any that day; I had missed 8 forks the day before—I was standing on the stairs when I saw him go behind the corner; he could not see me—there were persons passing in and out—he was about 100 yards from the hotel when I overtook him.
MR. PATER. Q. Had he been there the day before? A. I had not seen him—it was a fine day when I lost the umbrella—he did not leave any umbrella behind—I had seen him there two or three times before.
WILLIAM SHAW (City-police-sergeant, 40). The prisoner was given into my custody—I told him he must come to the station—he took out his purse and said he would give me a sovereign if I would allow him to go—he begged very hard, and addressing the prosecutor, said he would give him both the umbrellas and a sovereign to let him go.
Cross-examined. Q. Did you search him? A. Yes; I found on him 6s. 9 1/2 d. in money, a knife, some keys, and 17 postage-stamps—he gave his address, Church-street, Brighton—the sergeant asked him who kept the house there, and he said he did not know, or the number—he was asked if he would give any reference in London where he was living, and he would not.
GUILTY .*— Confined Twelve Months.
MR. ORRIDGE conducted the Prosecution.
SIEGISMUND KRAUSSE . I carry on business at 68, Basinghall-street, and am a merchant and dealer in Indian and glass goods—about 12 o'clock on 18th July, the prisoner came to my warehouse, and told me he dealt in glass things, and sold them to pawnbrokers, hawkers, and others—I asked him to give references—he declined to do that, but said he would pay cash for what he had—he selected goods to the amount of about 15l.—he was to have 2 1/2 per cent. discount on paying cash—he said he was going to a Mr. Staggerwald, in Newgate-street, for something I had not in stock, and asked me to get the goods ready, and he would come back—when he came back he asked me to send the porter with the goods to him to 28, New North-road, and I told him to pay the porter 15l. on delivery of the goods; and I told the porter, in the prisoner's presence, to let him have the goods against the 15l.—it happened that I had no receipt-stamp in the house, and I asked him if he could give the porter one—he said he would—he then left with the porter—the porter afterwards brought back some part of the goods but no money—I have seen the goods since; the police have them.
Cross-examined by MR. F. H. LEWIS. Q. You wished him to have the goods on credit? A. He said he should prefer to pay cash this time—he told me the names of two or three people he had dealt with—my clerk made out an invoice—I saw the goods packed—I did not see whether the invoice was enclosed; that is not the habit—it was at the prisoner's request that I sent the porter—I expected to receive the money on delivery of the goods—I told my porter to deliver the goods against the payment of the 15l.—he acts simply as porter; he has no authority to receive money unless I give him authority—he had no authority to part with the goods without receiving the money.
MELVILLE CURTIS . I am clerk to Mr. Krausse—I remember the prisoner coming to the warehouse on 18th July—Mr. Krausse went away to his dinner, and the prisoner told me that he had four places of business, at Upper Holloway, Rosamond-street, New North-road, and Brighton, and he said part
of the goods were going to Brighton—he told me his name was George Viney, and his address 28, New North-road.
Cross-examined. Q. Did you make out the invoice? A. Yes; I believe I delivered it to the prisoner—it is our custom to deliver the invoice before we deliver the goods—if the goods are not sold the customer may sometimes take the invoice away, and not the goods, not as a rule.
EDWARD ANDREWS . I am porter to Mr. Krausse—on 18th July he sent me with two hampers of goods on a truck, with the prisoner—I was directed to go to the New North-road with the prisoner, and he would pay me some money for the goods in the truck—I stopped about six doors off my employer's place, and told the prisoner I should go the nearest way to the New North-road—he said I was to go to Goswell-street with him to call at two places—I asked him whether Mr. Krausse had given his consent, and he said yes, he had—I then went with him as far as Barbican, and he then left me, and said he would meet me on the road—he stopped me at Mr. Britton's the auctioneer's, in Goswell-street—he said he was going to take some goods out there to put into a sale—he took a part of them out—I said, "If you break the goods you must be answerable for them"—I meant if he damaged them—he then said he should not call at Mr. Johnson's that day, but he would take me down to the New North-road, where I fully expected he was going to pay me for the goods—we then went to Wharf-road, City-road—he stopped me opposite the Wharf-road, and took a pair of vases out, saying he was going to show them to a customer, and he would return in five minutes, or shortly—he returned in five minutes, or it might be less, without the vases—he took me down Murray-street, Hoxton. and asked me if I could drink half a pint of beer—I said, "Yes, I could," and he took me to a public-house about ten doors from the place where we ought to have taken the goods to—we went into the public-house, and he asked me if I could drink a pint, and I said, "Yes"—he took a glass himself, and then asked the landlord if he had got a back entrance to the house—he went out the back way, and I did not see him again till he was in custody—I waited twenty-five minutes altogether.
Cross-examined. Q. Why did you deliver the goods at Mr. Britton's? A. He having the appearance of a business man, and believing what he said, I thought it might be right—I have never been tricked before by such a man—my master told me I was to get the money from the prisoner.
GEORGE HANSON . I produce two pairs of lustres, pawned by the prisoner on 18th July, about half-past 6 in the evening, in the name of John Smith, 92, Murray-street—on the same evening I received a communication from the police, and in consequence of that, when the prisoner came again on 20th July, I stopped him and sent for a policeman—he then produced a pair of these vases to pledge.
WALTER JOHNSON . I produce two pairs of lustres, pawned at our shop on 18th July, about 7 in the evening, by the prisoner, in the name of George Smith; at the same time he took out two small parcels which he had pledged in the week—I gave up the other things at Guildhall.
WILLIAM HENRY FINNEY . I am a pawnbroker in Shepherdess-walk, City-road—on 18th July the prisoner came to our shop about four o'clock in the afternoon, I think, and sold us this pair of vases (produced)—we gave him 7s. for them.
STEPHEN WRIGHT . I am assistant to Mr. Roberts, of 13, Old-street-road—I produce two pairs of lustres pawned at our shop at about 5 o'clock on 18th July by the prisoner for 1l. 5s.—the others are at the shop—they have been identified.
GUILTY .— Confined Two Years. There was another indictment against the prisoner.
MR. COLLINS conducted the Prosecution.
RICHARD CLUTTERBUCK . I am a greengrocer at 5, Skinner-place, Leadenhall-market—on 28th July I employed the prisoner to mend some windows in my bed-room on the second floor—I had a chest of drawers in that room, and in one of the drawers, which was locked, was a 5l. note—the key, which fits all the drawers, was in the lock of the bottom one—I have seen the note here; it is the same I lost; it has the name of Mrs. Tindall upon it, the lady who paid it to me—my little boy was sent up with the prisoner, and afterwards left the room—I saw the prisoner at the window, and afterwards when he came down—my wife came and asked me if I had taken the note out of the drawer—I said "No"—the prisoner must have heard that—she said it was gone—I said I would go and look myself—I went up, and it was missing, and I came down and told the prisoner that a 5l. note had been lost which was there when he went into the room—he said he knew nothing of it, he had not got it—I had only received the note the day before.
Cross-examined by MR. COOPER. Q. Did you put the note into the drawer? A. I did, myself—the drawers stood opposite the window—the room is not very large.
HARRIET CLUTTERBUCK . I am the prosecutor's wife—on 28th July I told my little boy to go up and show the prisoner where to put the glass in, and I would be there in a few minutes—he afterwards came across to the shop—previous to that I had missed the prisoner from the window some few minutes—I could see the window from the shop, and thought it was very strange he should be so long from the window; I was just going across as he and my little boy came out—the prisoner said, "Will you pay me?"—I said, "No, not till I have been upstairs"—he trembled and changed countenance when I said that, and I said "I shall not be many minutes"—I found all the drawers had been opened, and the things left out of the drawers—the top drawer, where the money was, was locked and the key put back again in the bottom drawer—the key had not been out of my pocket ten minutes previous to his going up into the room—when I came down the prisoner said again, "Will you pay me?"—I said, "No, I must go across to the shop"—I went and told my husband that the note was missing, and he went to look for it and told me to keep my eye on the prisoner—I looked in the house and did not see him there, and then I saw him come up a passage—when my husband came down the prisoner said, "You can search me, and have a policeman; I have not got it; I have not been anywhere"—I said, "Yes, you have, you have been up the passage"—the 5l. note was found by a lad from the next shop, who was sweeping up some pieces of paper, just where the prisoner was standing.
Cross-examined. Q. What was this 5l. note in? A.: In an envelope with a 12l. cheque and a letter—they were not taken—I examined them all when I went to the drawers, before the prisoner came, and then locked the drawers and left the room.
The prisoner received a good character.
GUILTY .— Confined Six Months.
MR. W. J. ABRAM conducted the Prosecution.
THOMAS STUDLEY LEWIS . I am a clerk, residing at 5, Grantham-road, Bethnal-green—on the night of 8th August I went to bed at a quarter past 12—I saw the house fastened up—I awoke about 5 o'clock and heard a noise below—I listened, and heard footsteps moving about—I looked out of my bed-room window, and saw a man leaving the door-step with a violin, trying to conceal it under his coat—I immediately went below to see if my violin was where I had seen it, and it was gone, and the parlour window was open—I rushed upstairs again and partly dressed myself and pursued the prisoner—I overtook him in company with another man—I lost sight of him for a few minutes—I am sure he is the man I had seen leave the door-step—the other man had the violin when I overtook them, and he threw it down and escaped—I secured the prisoner, and told him he had broken into my place and stolen my violin—he said he knew nothing at all about it, the other man had done it—we had a desperate struggle; he put his hand to my throat and forced me over a rail, but, with the assistance of a civilian, I detained him and gave him into custody—the parlour window had been closed the night before; I cannot say whether it was fastened.
Prisoner's Defence. I throw myself on the mercy of the Court.
GUILTY .— Confined Nine Months.
ALFRED STONE PLEADED GUILTY **.— Six Years' Penal Servitude.
CONNELL PLEADED GUILTY .†.— Confined Eighteen Months.
MR. COOPER conducted the Prosecution.
FREDERICK WENHAM . I am packer to Messrs. Lewis Raathman and others, booksellers, 18, Gutter-lane—on Wednesday, 5th August, between 2 and 4, a wooden case containing albums was standing in the passage leading to our warehouse—it had been placed there for the carrier—about 4 o'clock I missed it—these pieces of wood (produced) formed part of the lid of that case—there is a mark on it.
JOHN CROCKETT . I am a porter in Old-street—on 5th August, about the middle of the day, the three prisoners came up to me and asked if I would do a job—I said yes—I went with them down Golden-lane—they got a barrow, which I wheeled to a doorway in Gutter-lane one of them stood on the other side of the lane, and the other two went inside—I can't say which they were—they brought out a chest and put it on the barrow, and told me to go away with it—they went with me—I took it to a coffee-shop in Hoxton—they gave me 5s. for my job—I can't say which gave it to me.
EDWARD HANCOCK (City-Policeman, G 2). On 6th August, about 5 o'clock, I went to a coffee-shop kept by a man named Thier, and in a wash-house there I found these parts of a packing-case chopped up very small—about 1 o'clock next morning I went, with two other officers, to a house in Noble-street, Goswell-road, and there found the three prisoners in one room—I told them I wanted them for stealing a case of albums out of the city—they all said they knew nothing at all about it—they were taken to the station—on the way to the Mansion House next morning Connell and William
Stone both said they wished to make a statement to the Lord Mayor, I said they could say what they liked—they said they wanted to write it, and asked me to give them paper and pencil—I gave it to William Stone, and he wrote this paper. (This was a statement by Alfred Stone and George Connell who stated that they pleaded guilty to the charge, and that they sold the things to a man in Old-street for 5l., and gave the coffee-house keeper 5s. for minding them).
THOMAS JOHNSON YOUNG . I am manager and partner to Messrs. Rauthman & Co.—I know this case—it contained albums to the value of about 20l.—I checked the goods and saw the box when it was packed—it was put in the passage and left for the carrier—the wood produced forme part of the lid of that box.
William Stone's Defence. I met my brother and went with him, but I had nothing to do with stealing the things.
WILLIAM STONE.— GUILTY **.— Six Years' Penal Servitude.
HENRY DAVISON . I am a merchant, of 8, Lime-street-square—on 10th August I was at the Black wall railway-station, about ten minutes past 4—I was going by the express train to Hampstead—there was a considerable crowd there—I felt a pressure against me as I was going towards the carriages—several persons turned back as if they were going the same way—the prisoner is the person who pressed against me—at the same moment I heard a click, looked down, and saw the prisoner with his fingers holding the bow of my watch—I called out to him, "You have stolen my watch"—I directly seized hold of him—he said, "You are mistaken, it is not me," but I never let go of him until I gave him in charge—he struggled at first—my watch is worth 10l. or 12l.—I saw the policeman pick it up about three yards from the place where I first took the prisoner—this is it.
Cross-examined by MR. SMITH. Q. Did this robbery take place downstairs where the tickets are taken? A. No, on the platform—I had got my ticket—this occurred at a very narrow part of the platform—it was very crowded that day—I believe there was a fair or something going on down the line but it is always too much crowded; the place is not above three feet wide there; we have made frequent complaints to the directors about it—the lines of rail are on one side, and a wall on the other—the people were all crowding together to get into the carriages—the prisoner was in front of me—I was not pressing against him, but he against me.
DANIEL DOUGHTY . I am a porter at the station in Fenchurch-street—on the afternoon of 10th August I saw the prisoner there—I saw him drop something on the step of a carriage—I afterwards saw the policeman pick it up, and it turned out to be this watch.
Cross-examined. Q. Was he getting into the carriage? A. No, he was on the platform close by it—I was behind him—there was a crowd—I had fetched the policeman—it is my business to open and shut the carriages—there was something going on at Hackney Wick that afternoon, a wrestle or something of that sort, and there were a few extra persons there on that account.
JAMES ELWOOD (City-policeman, 519). I was called by Doughty, and found the prisoner in custody of the platform inspector—I took hold of him, and on turning round I saw the watch lying on the step of a carriage—I picked
it up—the prisoner had a railway ticket on him for Hackney Wick—he was asked his address at the station, and stated that he was a "professional," and had no fixed residence.
GUILTY .— Confined Six Months.
GEORGE SIMMONS . I live at John-street, Cambridge-heath-road, and am porter to Mr. George Neave, of 97, Leadenhall-street—about 8 o'clock on Wednesday, 29th July, there were two trucks outside our door—I saw the prisoner looking at them, and about half an hour after one of them was gone—I saw the prisoner again on the Friday following, in Smithfield-market, with the wheels, springs, and axletrees, of the truck that we lost—there were six new spikes, and peculiar marks by which I knew them—I fetched a policeman and gave him into custody—he said he bought them of a man in Shoreditch.
Prisoner. He never saw me near the place—I don't know where it is. Witness. I am quite sure he is the man—I recognised him again when I saw him at Smithfield—I saw the wheels were ours before I recognised the man; but I recognised him too.
BENJAMIN BROOM (Policeman, N 322). The last witness gave the prisoner into my custody for stealing the axle, springs, and wheels—he said he bought them in Shoreditch, and gave a sovereign for them—he gave me his address, 6 or 7 Houndsdith—he did not reside there—I went to the house and enquired—he said it was a coffee-shop, and it was not—there is one on the other side of the road a high number.
Prisoner. Q. Did you ever see me near your premises? A. No; I was inside.
Prisoner's Defence. I bought these springs on the Thursday morning in Shoreditch, and took them to Smithfield to sell them on the Friday. I was out of work, and had no regular home. I am innocent of stealing them.
NOT GUILTY .
MR. PATER conducted the Prosecution.
WILLIAM ROSE . I am a dockowner and shipwright, at Wapping—on 22d July, I was in Fenchurch-street, and felt a pull at my coat pocket—I turned round and saw the prisoner with my handkerchief in his hand, and his hand just leaving my pocket—I caught hold of him, and he offered it to me, and pleaded to be let go—this is my handkerchief (produced)—it happens to be worth very little—I gave the prisoner into custody.
Prisoner's Defence I was going along Fenchurch-street, and saw the gentleman with another. His handkerchief was hanging out, and I touched him on the shoulder, and took his handkerchief and gave it to him. He caught hold of me, and gave me into custody. It was not worth anything to me.
GUILTY **— Six Years' Penal Servitude.
WILLIAM FLATOW . I live at 4, Clarendon-villas, Stoke Newington—about a quarter to 6 on the morning of 1st August, I was called up by the police, came downstairs, and found the front-door open, and the police in the hall—they called out, "You have thieves in the house"—I found the drawing-room clock, which was on the mantel-piece the night previous, on the hall table—the doors were safe when I went to bed about 11 o'clock—the servant forgot to shut the shutters, and they came in through the window—the window was closed but not fastened.
ROGER FOXWORTHY (Policeman, N 539). About a quarter after 5 on the morning of 1st August, I was on duty in Mildmay-park—I passed 4, Clarendon-villas, and saw the two prisoners coming out of the door—Smith had got something under his arm—I could not see what it was—I followed them, and as soon as they saw I was coming after them, they began to run—I pursued them, and caught Carey by a large stone near the flue of a greenhouse—I told him I should take him to the station, for being in a house in Mildmay-park—I saw the prisoner's faces as they came out of the house—I only lost sight of Carey for about a minute, when I was talking to a sergeant I met in my pursuit—I saw Smith throw an empty bag over a wall at the back of an empty house—I picked it up—I pointed the prisoners out to the sergeant as having been into the house, and said I wanted them.
GEORGE BUSH (Police-sergeant, N 18). On the morning of 1st August, the last witness spoke to me and pointed out the two prisoners—I pursued Smith, and caught him on Hackney Downs—I saw him throw away this chisel (produced)—I found no marks of, the chisel at the prosecutor's house, only of Carey's cord trousers.
Smith. Q. When you took me I asked you, did I not, what you wanted me for? A. Yes; and I said I could not tell you—the other constable told me you had left a house in Mildmay-park.
Smith's Defence. I went out on this morning to cut turf on Hackneydowns, for my birds. I knew it was wrong to do so; I had been told about it before. While there a bricklayer came up and said, "Here is the constable coming after you." I thought it was for cutting the turf and ran away into this man's arms.
Carey's Defence. I went to sleep on Hackney-downs on this night. When I woke I was very wet, and went and laid under a stone. The constable came up and said he would knock my brains out for making him run so far. I said, "What do you want me for?" He said, "For breaking into some house. I said, "I know nothing about it."
GUILTY .—Smith was further charged with having been before convicted of felony, on 18th March, 1862, at Worship-street, to which he
PLEADED GUILTY.*— Confined Eighteen Months. CAREY.— Confined Eighteen Months.
The following prisoners PLEADED GUILTY.—
994. JOHN WILLIAM LLOYD (24) , to stealing, whilst employed in the Post-office, a post-letter containing postage stamps, the property of her Majesty's Postmaster-General.— Four Fears' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, August 18th, 1863.
Before Mr. Common Serjeant.
MESSRS. POLAND and COOKE conducted the Prosecution.
ELIZABETH ROW . My husband keeps the Cardinal Wolsey Inn at Hampton, and has a refreshment-house adjoining—on 3d August, the prisoner came and asked for a pint of beer; it came to 2 1/2 d.—she gave me a florin—I told her it was bad; she returned it to her purse, and gave me a good half-crown, saying that she knew where she got it, and would take it back—I asked my husband to follow her.
MARY ANN REGAN . I live with Mr. and Mrs. Row, and conduct the dining and tea-rooms next door—on 3d August, 5 or 6 in the evening, the prisoner came and asked for some tea, which came to 9d.—she gave me a florin, and I gave her 1s. 3d.—Mrs. Row had told me something, and I gave the florin to her, and then came back, and told the prisoner it was bad—she said, "I have taken it at the tap."
Cross-examined by MR. METCALFE. Q. When you said that it was bad, did she take another florin out of the same purse? A. Yes, that was a good one—a constable came and took her—this is a place where vans with holiday people came, and we require payment beforehand on Mondays because we are so busy—the prisoner paid beforehand.
HENRY WILSON (Policeman). I was on duty at Hampton on 3d August—I went to Cardinal Wolsey about 6 o'clock, and asked the prisoner to give me the the counterfeit coin she had—she put her hand in her bosom, took out a purse, opened it, and gave me this florin—I took her to Mr. Roe, and then to a witness named Nash, who said, "That is the woman who gave me a bad florin for a bunch of flowers, and I gave her three sixpences out"—she said that she never saw the man before, and never had any flowers of him—Nash gave her in custody—she said going to the station, "I gave Mr. Roe a bad florin in exchange for a pint of beer—I took it on the road—I went and got some tea, took it out in mistake, and gave it to the waitress; I intended to give her the good one"—she had on her 15s. 9d. in good money—I got this florin from the prisoner, and this other from Nash (produced).
Cross-examined. Q. Did you take her to the canteen in the barrack-yard? A. I did on the 10th, the day I took her before the Magistrate—I showed her there to ascertain whether she passed any money there—I have not said that I would get her convicted, or that I would do what I could for her, or that I would not leave a stone unturned; nothing of the kind.
MR. COOKE. Q. Was she known to you? A. No, I never saw her before—she was remanded from the 3d to the 10th, and kept in the House of Detention, Clerkenwell.
WILLIAM MCGILL . On the evening of 3d August, I was selling fruit near the Cardinal Wolsey—Mr. Nash brought me a florin, and I gave him four sixpences for it—I found it was bad, took it back to Nash, and got my money returned to me—this the florin; here is where I bent it—I saw the constable at the Cardinal Wolsey with the prisoner in his charge—the policeman asked me where the man was who gave me the 2s. piece, and Nash said, "That is the man"—I did not hear the prisoner make any answer.
NOT GUILTY .
999. HARRIETT DANIELL (22), PLEADED GUILTY to a libel. Mr. Poland for the prisoner stated that she was affected with monomania, and had twice attempted to destroy herself but that her friends would undertake to take charge of her. Confined Twelve Months, and to enter into recognisances.
MESSRS. COOKE and POLAND conducted the Prosecution.
EDWARD PADBURY . I keep a beer-shop in Old Brentford—on Saturday, 1st August, at a little after 6 in the evening, I was in Windmill-lane, about half a mile from my house, and saw the prisoners walking along together—I was at my beer-shop between 8 and 9 o'clock, and Williams came in for a pint of ale—my wife served him—he put half-a-crown on the table, and my wife said, "That is not worth 2d., and I want 3d. for my ale"—I took it up, and bent it; it was bad—I asked him if he had any more of them—he said "No," and he did not know it was bad—he put down a good one, and my wife gave him change—I went to the station, and brought back a constable in a quarter of an hour; Williams was then coming out, and Thompson was eight or nine yards behind him—I had not seen Thompson in my house when I left—I gave Williams in custody, and followed Thompson, who walked away as fast as he could—I followed him to Kew-bridge, put my hand on his shoulder, and said, "I want you to stop a few minutes till a policeman comes; I suspect you of being concerned with another person in having some bad money"—he said, "You let me go; what business have you to stop me?" and set to kicking me—he said that he had no bad money—I said, "Stop till a policeman comes; there is one close behind—I did not touch him till I saw a policeman—I gave him in custody—he kicked at me two or three times, and kicked me once on the thigh—I gave the half-crown to the policeman at the station.
Cross-examined by MR. RIBTON (for Williams). Q. Did you see other working men about at 6 o'clock? A. Several, apparently having left off work—I was present when Williams gave the half-crown—he threw it down on the table—it did not sound—he put it down softly—I said before the Magistrate that he put it down in a careless sort of way.
Thompson. I deny being with Williams at all.
ELIZA PADBURY . I was at the beer-shop, between 8 and 9 o'clock, when Williams came in, and served him with a pint of ale—he put a half-crown on the table, and I threw it back to him—I said, "It is not worth 2d., and a pint of ale is 3d."—my husband took it—the prisoner gave me a good half-crown—I gave him change, and my husband went for a policeman—while he was gone Thompson came for half a pint of beer—he drank it and went out, and Williams followed him—Thompson had two half-crowns and some halfpence in his hand.
Cross-examined. Q. I suppose the sound of the half-crown told you it was bad? A. No; the colour of it—there was no sound to it—I was in court while my husband was examined—the prisoner put it down quietly, not carelessly—I did not hear it ring.
Thompson. Q. How long had Williams been in the house when I came in? A. Ten minutes—I did not see you speak to him—you paid me with, two halfpence.
CHARLES SMITH . I took Williams—he was searched, and a florin, two shillings, and 4 1/2 d., in copper, found on him—Thompson was afterwards brought to the station, and while the charge was being taken, I saw something
between Thompson's thumb and finger—I saw him more his left hand, and saw this piece of rag drop from it—I picked it up—it contained this counterfeit florin (produced)—I also produce the half-crown.
ALBERT YEATMAN (Policeman). I took Thompson, and found on him two good half-crowns—while the charge was being taken, I saw a piece of rag between his fingers—I heard it drop, and picked it up—it contained a five shilling-piece—I found no halfpence on him.
Thompson's Defence. I never saw the man in my life, to my knowledge, till I was at the station; there were thirty or forty men together when we were going down the lane.
GUILTY .— Confined Twelve Months each.
MESSRS. COOKE and POLAND conducted the Prosecution.
MARY ANN COLLINS . I live at 17, Middle Coram-street, St. George's—on a Friday, towards the end of June, I was at the Little Wonder beer-shop in Osborne-street kept by Mrs. Philcox, who left me to mind the bar while she went upstairs—the prisoner came in for half a pint of half-and-half, and a screw of tobacco—they came to 1 1/2 d.—he gave me 1s.—I had not got change, and got 6d. from a person in the tap-room, and 4 1/2 d. from the till, and gave to the prisoner—I then went next door with the 1s., leaving the prisoner there—I did not lose sight of him—it was given back to me—the prisoner was gone when I got back, and I gave the 1s. to Mrs. Philcox.
HARRIET PHILCOX . My husband keeps the Little Wonder—I remember Mary Ann Collins minding the bar for me while I went upstairs—she afterwards gave me a bad 1s.—I put it in the fire, and it melted directly—that was about a week before the 7th July—on Tuesday, 7th July, my mother was minding the bar for me—she afterwards gave me 1s. and I gave her 6d., and took some coppers from the till—the prisoner was there, and I saw him receive the 6d. and coppers—the shilling was brought back in a few minutes, and found to be bad—I put it by itself—on 16th July, I was called down stairs by Mr. Gill, who gave me 1s.—the prisoner was there—I knew him again—I made an excuse, and went for a policeman, brought one back, and gave him the two shillings.
MARY LILL . This last witness is my daughter—on 7th July I served the prisoner with a glass of ale and a screw of tobacco—he gave me 1s.—I took it to the butcher's, who chopped it through—I brought it back, and gave it to ray daughter, but the prisoner had gone.
GEORGE GILL . On the night of 16th July, I was sitting in the bar of the Little Wonder—the prisoner came in for half a pint of beer and a screw—they came to 1 1/2 d.—he gave me 1s.—I found it was bad, and called Mrs. Philcox, who passed me and fetched a policeman, and the prisoner was given in custody.
Prisoner. Q. Was I there the day before I was given in custody? A. Yes; but I did not know you then, and you paid with good money.
GUILTY .*— Confined Nine Months.
ORRIDGE conducted the Prosecution and MR. DICKIE the Defence.— GUILTY on the First and Second Counts .— Confined Two Years .
OLD COURT.—Wednesday, August 19th, 1863.
Before Mr. Justice Keating.
MESSRS. POLAND and GRIFFITHS conducted the Prosecution.
THOMAS HENRY BROWN . I am an officer of the Court of Bankruptcy—I produce the original proceedings in the bankruptcy of William Ballard—the petition is dated 22d October—it is the bankrupt's own petition—it has the seal of the Court—the adjudication is dated the same day—there is an affidavit, by the bankrupt, verifying a list of debts, filed on 24th October—the bankrupt's examinations are on 4th and 11th November, 1862, and 31st January, 1863—they purport to be signed by the bankrupt, and bear the seal of the Court.
Cross-examined by MR. GIFFARD. Q. Did you see the bankrupt on 22d October? A. I did—he at that time made a statement to the messenger of his property for the purpose of his seizing it—this is the statement—"furniture at Dockhead, about 15l. stock of ironmongery, about 85l., and fixtures; some ironmongery at Minty's, plumber and glaziers, York-road, Lambeth, worth about 400l.; book debts about 40l.; books at home"—I have not been at Minty's—we took possession of the goods there—this statement was made at the same time he brought in the petition.
WILLIAM FIDO . I live at 45, Red Cross-street, Southwark, and keep a coal-shed there—about the middle or end of September last, I removed some ironmongery goods from 58, Dockhead, by order of a man, named Keats, a tailor—the prisoner was present, and handed me the goods—I took them to a coal-shed, at Mrs. Hickey's, 31, Red Cross-street—they were removed in two vans—I went two separate mornings—there were two van loads—I was ordered at 6, but did not get there till a little after—Keats paid me.
Cross-examined. Q. Where did Keats carry on his business as a tailor? A. In Union-street—I had known him living there for some time—I can't say that I knew him carrying on business there since March, 1862—he is now dead—the second removal was about 8 in the morning, two or three days after the first—it did not take me more than about half an hour to load—it was about 10 when I had done.
BRIDGET SLATTERY . My name was formerly Hickey—in September last I kept a greengrocer's shop and coal-shed at 31, Red Cross-street, Southwark—I knew Keats, a tailor, in Union-street—in September he came and took a workshop of me at the back of my house—the rent was to be two shillings—sometime afterwards two loads of ironmongery goods were brought there by Fido—they remained there nine or ten days, and were then fetched away in some vans—I do not know the prisoner.
Cross-examined. Q. I believe Keats told you that the goods were deposited until they could find a shop? A. Yes; he did not say he was looking out for an ironmonger's shop—he said ho could not do much tailoring, and that he was going into the ironmongery line.
MR. POLAND. Q. Did he say the goods were deposited until he or they
could find a shop? A. He did not tell me he was going to find a shop—if I said that, I must have made a mistake—I thought he was going to take my workshop for good—he said he took it to put some goods in.
JURY. Q. During the fortnight the goods remained there did he say that he was looking out for a shop? A. I don't remember—he said he was not doing much trade then in the tailoring.
MR. GIFFARD. Q. Did he not say he was going to open an ironmonger's shop as soon as he could get one to suit him? A. I can't say; it is so long ago I can't remember what he did say—he told me afterwards, when he was taking the goods away, that he had disposed of them, and only gained 5l. by them—I did not know that he had taken a shop.
SAMUEL WHITCROFT . I am a carman in the employment of Mr. Jessop, 3, Hogskin-row, James-street, Buckingham-gate—in September last, I removed some ironmongery goods from Union-street, Borough—I don't remember the number—it was Mr. Keats', the tailor's shop—I removed a little over two van loads from there; about two and a half—Keats and the prisoner were present at the removal—I took them to 40 or 41, York-road, opposite the railway-station, to a house kept by a person named Minty—I fetched a third load and a half from Red Cross-street, Union-street—Keats was present at the time—I fetched them from the back part of a greengrocer's shop—I had four loads altogether—I took them to the same house in York-road—Keats was present all the time—the prisoner was not at both places; only at Union-street.
Cross-examined. Q. What goods were they? A. Ironmongery goods of every kind—they were one-horse loads.
SARAH MINTY . I am the wife of William Minty, of 41, York-road, Lambeth—some time in September we had a shop to let—a person, named Keats, came about it—I did not know him before—I agreed to let it to him by the week, at 11s. a week, from about the 27th or 28th—some goods were brought the next day; I think about five van loads altogether—the prisoner was there when they came—they were put into the shop by the man who brought them—the prisoner was with them—I did not know who he was—there was no name over the shop—I saw the prisoner there after the goods were brought; I can't say how many times—he called several times—I heard of Keats' death—after that the prisoner came and told me he should not open the shop quite so soon, as Mr. Keats was dead, but I was to be sure and keep the things right, and not give them up to any one, but to him or Mrs. Keats—I believe that was the same day that Mr. Keats died—the goods had been there three or four days before I heard of Keats' death—they remained there until 4th November, when they were taken possession of by the messenger of the Court of Bankruptcy—they were ironmongery goods of all descriptions, a considerable quantity—the shop was never opened.
Cross-examined. Q. I believe it was discussed between you and Keats at the time whether there was a good opening for an ironmonger's shop in that neighbourhood? A. Yes, it was; there was none near us—I agreed with him that it would be a good opening—it was quite fit for an ironmonger's shop—my husband is a plumber.
JURY. Q. Did you understand that Keats was to open the shop by himself, or with any one else? A. With another—he said so—he did not tell me the name, but I understood it was the prisoner.
—I did so, at 41, York-road—I remained in possession for three days—the goods were then removed from there by Messrs. Cutler and Davis, the Court brokers—the prisoner was there at the removal—I can't say whether he stated whose goods they were—I was supposed to be in possession of his goods—he helped to remove them.
WILLIAM GEORGE BRUCE . I am a clerk, in the service of Messrs. Cutler and Davis, auctioneers—I superintended the removal of these goods from 41, York-road, in order that they might be sold by auction—they were sold by auction, and realized 339l. 4s. 6d. gross—they were general ironmongery goods, A general ironmonger's stock.
WILLIAM LAWRENCE KENT . I am clerk in the service of Mr. Udall, who carries on business at Birmingham—he supplied the bankrupt with goods for three or four or four or five years—I heard of the bankruptcy—after that, on 29th October, I went to 58, Dockhead, and saw the bankrupt at his shop there—I questioned him as to his name appearing in Perry's Gazette without any intimation being given to Mr. Udall—he made no answer to that; no satisfactory answer—according to my memory he gave me no answer at all—I asked him where his stock was, knowing that he had had a very considerable quantity of goods—he said, "This is all the stock I have;" and he said that was sold to his brother for 100l—that was the utmost value of it—I was afterwards at Cutler and Davis's, and saw a quantity of ironmongery goods, the greatest part of which Mr. Udall had supplied.
Cross-examined. Q. Was not the stock you saw at the shop, sold to his brother by the assignees under the authority of the Court of Bankruptcy? A. I don't clearly understand how it was sold—(MR. POLAND stated that that was so)—I can't say what amount Mr. Udall has received from the prisoner altogether, without reference to the ledger—a great deal more than 1,000l.
MR. POLAND. Q. Was Mr. Udall a creditor at the time of the bankruptcy to the amount of about 700l.? A. Yes; about that.
WILLIAM UDALL . I carry on business at Birmingham—the prisoner has been a customer of mine for four or five years—in June last I was in London, and called on him at his shop at Dockhead—at that time about 700l. was owing to me—I held a note of hand of his in addition to the six months' account which I then presented—he gave me bills for a portion of the debt, and a further note of hand—at that time I noticed the stock in the shop; it was a large stock—I should think I saw from 1, 200l. to 1,500l. worth of goods in the shop and premises—the prisoner said nothing to me at that time about opening any other shop—after the interview in June, I supplied him with other goods—at the time of his bankruptcy I was a creditor for 900l. odd—I first became aware that he was a bankrupt by seeing it in Perry's Gazette, in October or November—I sent Mr. Kent, my cleek, up to London to make inquiries—I believe this letter (produced) to be the prisoner's writing—(Read: "Nov. 6th, 1862. Mr. Udall, Sir, I beg to inform you that things will be better than I gave Mr. Kent to understand—besides the amount the stock realized at Dockhead, there are book-debts amounting to about 60l., and also other stock which has been taken by the official assignee, amounting to 400l. or 500l.—in my nervous state when speaking to Mr. Kent, I omitted to tell him respecting the stock which has since been taken by the official assignee, and had been taken to another shop for the purpose of opening another business—trusting this will meet your favourable opinion, I am your obedient servant, &c.")
Cross-examined. Q, I believe it was on the 18th June that you called on
the bankrupt? A. I think it was—he said that he had bought largely and his sales had fallen off—he said the amounts for the bills were large, and he could not see his way to meet more than 84l. 5s. a month, but he thought he could meet those comfortably—the amount of goods that he ordered in June was about 150l.—I am the trade assignee, and the prosecutor of this indictment—I have not received any dividend.
WILLIAM ALFRED COLLINGWOOD . I am an accountant—I was employed to investigate the bankrupt's accounts—I made up this statement (produced)—I find here "creditors unsecured 1, 195l. 18s. 10d., creditors holding security, 20l.; liabilities on accommodation bills 70l. 12s. making a total of 1, 286l. 10s. 10d.—good debts 61l. 8s. 6d.; bad 51l.—by property given up to the assignees 422l."—that includes the property in the York-road—"by property in the hands of creditors 20l., total 503l. 8s. 6d."—that leaves a deficiency of 783l. 2s. 4d.
Cross-examined. Q. I suppose in the ordinary course you had the bankrupt to give you information when you required it? A. He attended us on several occasions, and gave us information as we required it; but these accounts were not prepared by us; we were only employed to investigate their accuracy.
MR. KENT (re-examined). The bankrupt's dealings with us for the six months preceding his bankruptcy amounted to 354l., and for the six months preceding that it was about 490l.
MR. UDALL (re-examined). The first of the bills given in June was paid.
The examination of the bankrupt was put in and read.
NOT GUILTY .
1004. PETER RINALDI (33) , Feloniously making upon a plate of glass an undertaking for the payment of money of a foreign State, to wit, the Empire of Austria, without the authority of that State—other counts varying the manner of stating the charge.
MESSRS. SLEIGH and POLAND conducted the Prosecution.
JOHN BRITTEN M'QUIRE . I live at 4, Aldgate, in the City of London, and am a photographic artist; my name is up outside, and there are portraits at the door, so that any person would know what my calling was—on Thursday, 18th June, about 7 in the evening, the prisoner came to my premises—I was in a back room on the first-floor with my wife—I had never seen the prisoner before—he said he wished to look at some of my specimens—he spoke as good English as I can—I showed him several specimens—he seemed perfectly satisfied, but said he would not have one taken then, he would call again the next day—I believe my wife gave him one of my cards and he left—on the following day, Friday, he came again between 12 and 1—I was in the same room—he came upstairs to me—he said he had come to have his portrait taken—my wife showed him where to arrange himself—he said he was in no hurry, he would wait till the other customers had gone, and when they had gone, I took a portrait of him—I did not like the look of it and I took another of him—he then said he wished to speak to me privately, and asked if I could copy works of art—I said, oh, yes, anything—he said he had got some work for me to do, which he would bring the following day—he came on the following day, the 20th, at noon—I asked him where his residence was and I would send for the works of art—he said, oh, his hotel was a long way, pointing towards the east—he produced a one gulden note to pay for is portrait and gave it to my wife: she handed it to me, saying she did not know the meaning of it—he afterwards gave her a gold half-Napoleon, and she gave him change in English coin—he took one portrait away with him, the other
he left, and I afterwards gave it to the police—on the following day, Saturday, the prisoner came again from about 12 to 1—my wife and daughter were there and several customers—my wife thought he wanted another portrait, so she asked him to arrange his hair again—he said, oh, no, he would wait till all the customers had gone—he did so—he then asked me to shut the door—I did so; my wife and child were there also—the prisoner then took a pocket-book out of his inside coat-pocket—took from it a one gulden note and asked if I could copy that—I said, "Oh, yes"—he then asked if I thought we could procure paper in London like that to print them on—I said I did not know—he said it did not matter much, as we could get plenty in a foreign country, by going to Paris or some of those places—my wife went upstairs to attend to dinner while this conversation was going on, my daughter stopped all the time—the prisoner asked me if that was my wife that had just left the room—I said, "Yes"—he said, "That is all right"—he then said, "Is this your daughter?"—I said, "Yes" and he said, "That is all right then"—he then said, "You must not let any living soul in the world see these notes, nor yet the impression you take of the notes"—I said, "It is not likely"—I was to copy 1, 000 from the one gulden note—he said he would give me an order for 1, 000 from that, and we could pass them off to foreign gentlemen as we travelled round the country—this is the note (produced)—I can swear to it by the pin mark and the No. 840—we were to travel in France, Belgium, Austria, Russia, Prussia, and all parts of the Continent—I said "Very good," and with that he bade me good afternoon—after he had gone, I spoke to my wife and shewed her the note, and after consulting with her, I put on my hat and coat and went directly to Seething-lane station and gave information to Inspector Scott, not ten minutes after the prisoner had left—the prisoner had said that he would call again on the Monday morning to see the impression that I took from the note, and then if I liked he would give me some of greater value—I photographed the note early on the Monday morning—this (produced) is the glass impression—the prisoner did not come into my place during that day—I saw him on the opposite side of the way I dare say a dozen times, walking backwards and forwards during the afternoon; he was parading about for full three hours—about a quarter to 9 in the evening, I shut up my place in the ordinary way—after my business is over I generally stand at my door for a short time—I was standing there about ten minutes past 9, when the prisoner came up to me and shook hands with me—he pulled me on one side from the shop where the foreigners are and said, "You must not let them hear one word"—the ground-floor is an ice-cream and confectioner's shop, kept by Italians—I said, "Let us go and have a glass of ale together"—we went into an hotel in Jewry-street, about fifteen doors from my place and had a glass of ale—on the way he asked if I had photographed that note—I said "Yes"—he asked how it looked—I said it was very good—he said he should like to see it—after having the ale we went back to my place and went upstairs together—my wife was sitting there at needle work—he said, "Good evening, madame;" and I said, "He has come to see the impression I have taken from that note"—he said, "Oh, shut the door"—the door was closed and I sat down at the table with him—I showed him the photograph I had taken and let him have the note to compare with it; he seemed highly pleased with it and said he had got some more of greater value, and he would let me have them to go on with, and make as good a job of them as that—he then remarked, "But this is a very dry job," and gave me half-a-crown to get a bottle of gin—I went out and was away for about an hour—I went to make
inquiries where the officers lived that had the case in hand—I left the prisoner at my place; when I returned he had left; I met him as I came back—before I left he talked very much about making our fortunes, and I was to get them done on copper-plate, so that I was to have them lithographed, and he would find any amount of money—I was to get plates done by lithography so that we might go on and make as many thousands as we thought proper, whichever way I could get them done the best not to be detected—when I went away I left the one gulden note and the photograph in the room—I said he had better leave it, for I thought I could get a better one than I had already got—I met the prisoner on my return, next door to Mr. Gatti's, about seven doors from my place—he told me he had been back, and had left two notes of more value with my wife, and given her six and a half Napoleons as a deposit for me to go on with the work—we parted in the street—when I got home my wife showed me a 5 gulden note, a 10 gulden note, and six and a half gold Napoleons—on Tuesday evening, the 23d., the prisoner came and knocked at my door—my wife and I were sitting in the room—he sat down at the end of the table, with his back partly towards the door—he came leaning right over me as I sat in my easy chair, and said, "You say anything to the police?"—I said, "It is not likely"—he said, "Because I hear something last night, and I am going off to Boulogne in the morning"—he said I must keep the secret, or we should both be ruined and transported and sent to the galleys, and I don't know where, if it was found out—I said it was not a likely thing that I should do anything of the kind to risk my liberty—we had the three notes on the table, and the glass impression that I had photographed—the prisoner was comparing the one gulden note with it, talking about our travelling, and what fine fortunes we could make, and all kinds of humbug—another knock came to the door; I said, "Come in," and Scott, the detective, put his head round the doorway—he was in plain clothes—I went outside to speak to him—I made some communication to him—I returned to the room, and then went out again on to the stairs—the officers then went into the room and took the prisoner into custody, and took possession of the three notes and the glass impression—the portrait I had given up on the Saturday when I had given the information—this photograph is taken upon a plate of glass; the glass is covered with prepared collodion; it is then exposed to the light, with the note in front, and the impression of the note then becomes printed on the glass—when it is printed on the glass I can set it, so as to print from it—we have to fix it—we wash it and tone it, and then wash it again, and then fix it—when that is done, by placing it upon sensitive paper, we can print off as many copies as we wish, by placing it to the light—we must have the right paper, so that the sun may act upon it—I did not prepare it for printing—I never intended to print—I black-varnished it, so that it could not be scratched when the officers were making use of it—by varnishing it I prevented its being printed from, because the collodion is on the varnish side—I varnished it to preserve it, so that, in being shown about, the collodion should not be scratched off—the plate I have produced is an exact fac-simile of the note.
Cross-examined by MR. METCALFE. Q. You expose the glass, when prepared with the collodion, to the light, and so take an impression from the note; is that so? A. It can be; it was not done that way—I varnished it on the collodion side, so that it could not be printed from—before I varnished it, it was in a state from which I could print, if I had turned it into a negative, not before—I could not have printed from it as it was; I could if
I had gone on with the right process, but I never intended to go on with it—from the prisoner's instructions, I was to take all the three notes like this, and then have copper or lithographic plates taken from them, and he would supply me with money to get those plates done—that was his intention—I was not simply to take a copy by photography for that purpose; his instructions were for me to get the plates done, and if we could not get the paper in London I was to travel with him and we could procure it abroad when we had once got the stone. Q. When the impression or shadow is created on the glass, you fix it; it does not eat into the glass at all, does it? A. That depends upon what process we are working; in this process it does not—it is a mere shadow on the surface of the glass, which I fixed there by means of the varnish that I put on it—before putting the varnish, I might have washed it off the face of the glass, but I put the varnish on so that it should not be washed off—that was for the purpose of the police making use of it—this is very much fainter than the original from which I printed, because it is varnished on the collodion side—independent of the varnish, there would have been as good blacks as in the original note—the reproductions would have been as good a colour if I had printed—that is what we call a positive—it would have been a negative if I had had instructions to take one, but I had other instructions—the prisoner's instructions were to take something from which I could get a copperplate—if I had followed out the prisoner's instructions instead of those of the police I should have taken a negative, and from that negative I might have printed—I could not print from a positive, it would appear the wrong way—all are taken as positives in the first instance, and then converted into negatives—this was never converted into a negative—I could not possibly print until it was converted into a negative, it would have come out left-handed.
MR. POLAND. Q. You say that all these photographs are positives at first. A. All; we can turn them into negatives in a few minutes, and from those negatives we could produce millions if they were wanted by a certain process in chemistry—if I had not put the varnish upon it I could, in about three minutes, have turned this identical plate into a negative—as it appears now, there is the impression just as it was when I took it from the machine—if I had been going to do any work from this I should have converted it it into a negative in the ordinary way; if I had been going to copy a work of art—if we could not procure the right paper in London the prisoner was to procure it himself in some foreign part—ordinary paper would not do for printing off impressions, it must be the paper used by the Austrian bank for making notes.
MR. METCALFE. Q. When you say you could print off any number, do you mean by photography? A. We should have to put them on paper if they were done by photography, but it was never the intention that they should be done by photography—if these were to be reproduced upon sensitive paper it would be by photography, by taking a positive, then converting it into a negative and printing it on paper—if it was not done by photography a plate must be engraved.
MARY ANN M'QUIRE . I am the wife of last witness—I remember the prisoner calling at our place on 18th June, and having his portrait taken—I have been present in Court whilst my husband has been examined—I remember the prisoner having a conversation with my husband about the photography of these gulden notes—he first produced this note to me in payment for his portrait—my husband photographed from that note the plate produced—
I have heard my husband describe the different interviews which he had with the prisoner in my presence—those descriptions are quite correct—on the Monday evening, while my husband was absent, the prisoner wished me to persuade my husband to get as many of the notes as he could, and it would make our fortune—he said he would leave some money, 50l., if I required it, for us to go on with the work—I said nothing of the kind was required, 1l. or 2l. would do—he put down six and a half gold Napoleons, and said that amounted to 5l. in English money—he left these two other notes with me, one for five and the other for ten gulden, and said he wanted them copied the same as we had done the other—he then said he was tired of waiting for my husband, and left—he called again about ten minutes afterwards, and said he had just had a telegraphic message that he must be off to Paris by 5 o'clock in the morning, but he came again on the Tuesday night—on the Monday night he said he would leave his address, and gave me this paper (read), "Swizerlant, Canton Gravbunden, a Bruzio; M. Pietro Rinaldi."—I was present when Scott, the officer, came in—I have heard my husband's description of what took place then—it is correct.
JOSEPH GATTI . I am a chocolate manufacturer, at 13, Aldgate—I knew the prisoner about two years ago, when he came from Austria with some other countrymen—he arrived at my house on 18th June last, I believe from Switzerland—he took a lodging at my house when I was absent—I saw him on the following morning—he called me on one side and said he had something important to tell me—I wanted to take him into my parlour, but he took me upstairs to his bed-room—he told me to sit down, and he took out of his pocket two or three Austrian notes and showed them to me—I believe they were one, five, and ten gulden notes—he said as I had been in London for many years, did I know any lithographer, or any one who would be able to make these notes—of course I was offended, and stood up directly and said he knew me to be a respectable tradesman, and I would not do such a thing for the whole world, that I was not in need, and even if I became poor and was certain of becoming a millionaire, I would not do it—he said there was nothing to fear—I told him I never should have thought he was a man of such intentions; I remonstrated with him, and told him the difficulty of doing such a thing, and I even mentioned to him that there had been some forgeries by some Poles or Russians here some time ago, and they were sentenced to ten years—I told him directly that I did not want him to remain in my house any longer, and to go away that same day—he promised to do so—I went out after dinner, as usual, with my horse and cart, and did not come home till about 11 at night—the prisoner was not in the house, then, but I happened to go with a friend to a tavern in Jewry-street, and there I heard of him—I directly hastened home, and waited in the shop a few minutes till the prisoner came in—I insisted on his leaving that night—he said he was going away in the morning at 5 o'clock by the Boulogne boat, and prayed me to let him stop till then—I did so, and he went away at 5 in the morning—I let him out.
GEORGE SCOTT . I am a sergeant in the London Police Force—on Monday, 22d June, I went to 4, Aldgate, and saw the prisoner there—I did not see him go into Mr. M'Quire's that day, but I saw him to and fro opposite the house the whole day—I saw him buy a black portmanteau, which I have here; I took possession of it afterwards at Mouflet's Hotel, Newgate-street—on Tuesday evening, I went with a brother officer to Mr. M'Quire's—I went upstairs, and knocked at the door—Mr. M'Quire opened it, and we went in—I found the prisoner and Mr. and Mrs. M'Quire sitting at a table—this
glass impression was on the table, not in this case, but out of the case, with an envelope containing the three notes produced for one, five, and ten gulden, and this envelope with the address on it—a portrait of the prisoner had been given to me on the Saturday previous, and another portrait I found in his portmanteau—the prisoner was sitting at the table when I went in—I said, "Hallo! what are you doing here?"—he said, "Nothing"—I then took up the glass impression, and said, "What do you call this?"—he said, "I don't know"—I then showed him the notes, taking them off the table, and said, "What do you call these?"—he said, "I don't know"—I then told him he would be charged with causing to be forged a one-gulden Austrian bank-note—he said, "What, me! I know nothing about it"—I took him to the station and searched him, and found on him forty-two gold Napoleons.
—SCOTT (City-police inspector). On Saturday, 20th June, Mr. M'Quire came to the station-house, about 1 o'clock, and made a communication to me; it was with reference to photographing a foreign note.
CHEVALIER SCHAFER . I am director to the Austrian Consulate-General in London—this is a one-gulden note, current in the Empire of Austria—there is only one bank, the National Bank, which has the privilege, by Imperial charter, to issue such notes—the value of this note is about 2s. English money—these other notes for five and ten gulden are also current in Austria—this is a correct translation of the note (read).
Cross-examined. Q. Is there no signature wanted to the note? A. The signature of the director of the cash department is printed upon it; it is all printed.
MR. METCALFE submitted, that no offence was proved; that photography was not contemplated by the Act upon which the indictment was framed (24 & 25 Vic. c. 98 sec. 19); the offence there pointed at was "engraving and making," that was, that something should be cut into the material employed, from which impressions could be taken; the Legislature did not seem to have had their attention called to the art of photography, which, probably, was not then considered an art that could be applied to such a purpose: this was clearly no engraving or making, it was a mere shadow, which without having recourse to a further process was useless, and not capable of producing any impressions; nor could it be said to have been done by the prisoner, because the photographer had not acted according to his instructions, but just the reverse; the prisoner's object evidently being to use this photograph, not for the purpose of printing from, but to get an engraving made from it; on these grounds, he submitted there was no case to go to the Jury. MR. JUSTICE KEATING was of opinion that the case must go to the Jury, and if they were of opinion that the prisoner did, in the words of the Act, "in any wise make or cause to be made upon any plate whatever" the note in question, with intent to counterfeit the Austrian currency, he should hold a plate of glass to come within those words, and direct them that the offence was within the Statute; but, as the case was a novel one, he would give the prisoner the opportunity of raising the question in another place. Mr. METCALFE did not address the Jury upon the facts.
GUILTY .— Judgment respited.
GUILTY .— Ten Years' Penal Servitude.
MARGARET NORMAN . At the time in question I resided with my husband, the prisoner, at 10, Gospel Oak-fields, Kentish-town—on Monday, 8th June, we were in our own room—we had angry words—the first blow he gave me was with his fist on the left eye, which caused a very black eye and knocked me down—he then struck me with a chopper on the head while I was lying down—it cut my bonnet, and hurt me very much—there were four wounds on my head, and one on my little finger—I bled very much—I had not struck him—my two children were present—I had had a little to drink, but knew perfectly well what I was about—I believe the prisoner was perfectly sober.
Prisoner. Q. When I came in, did I not meet you drunk, with your bonnet hanging off your head, your hair down your shoulders, and eating a raw herring? A. You met me in Maldon-road; I was not very much intoxicated—you were not obliged to carry me up the best part of the stairs—I did not scratch or kick you—you did not strike me with the flat part of the chopper—I did not, before you struck me, put my head out of the window and sing out "Murder"—I said if you struck me, I would call out "Police!"—you were not using the chopper to cut wood.
ANN MORRIS . I live at 6, Southampton-terrace—the prisoner and his wife have been lodging with me—on 8th June, I heard them come in together, and heard loud talking between them in their room for about half an hour; I then heard a fall, and the eldest child came downstairs screaming—I went up into their room, and saw the prosecutrix sitting on the floor with her arms round the little child, six years old—there was a good deal of blood—the prisoner was sitting on a chair at the other side of the room; I saw the chopper on the floor near him—I directly went downstairs, and he followed me—I asked him what he had been doing—he said, "What am I to do when she comes home drunk?" and then went out—this is the chopper (produced)—the prosecutrix came down to my room and was there when the doctor saw her—I could not see then whether she was intoxicated or not.
WILLIAM BUNDRY (Policeman, S 138). On 8th June, from what I heard, I went to 6, Southampton-terrace—I found the prosecutrix lying on the floor in the room downstairs, her head was bandaged up, and blood was running over her face; I took her in a cab to University College Hospital—she was sober then, and quite conscious.
WILLIAM RAWLINS . I am house-surgeon at University College Hospital—the prosecutrix was brought there in a cab on 8th June—she had four large scalp wounds, two on the left side of the head and two on the back, and a small wound on one of her fingers—she had lost a great deal of blood, and was still bleeding when she came to the hospital—the wounds were not, in themselves, dangerous, they were simple scalp wounds; but erysepelas afterwards set in, and at one time she was in danger, so much so, that I sent for a Magistrate to take her deposition—the wounds were caused by a sharp instrument of some sort—this chopper would inflict such wounds; the skull was fissured in one place—I should say there had been considerable violence used—the wounds were very long, one of them especially—they were not likely to have been inflicted by the back of the chopper, more likely by the edge.
Prisoner's Defence. She was three weeks drunk successively every day and I could do nothing with her: in fact, she was always drunk, morning,
noon, and night, every day of the week. If she was not drunk in the morning, she would be at night.
ANN MORRIS (re-examined). The prosecutrix was sometimes in the habit of drinking—I have seen her drunk, but not so often as he says—she drank more since her husband has been out of prison than she did before—she lodged with me six months, and was a very quiet, sober woman till he came out of prison, fifteen weeks before this—he was in prison for ill-using her.
GUILTY* of unlawfully wounding . Confined Two Years .
NEW COURT.—Wednesday, August 19th, 1863.
Before Mr. Recorder.
MESSRS. CLARK and METCALFE conducted the Prosecution.
ROBERT COWEN BLACK . I am clerk to John McKie, junior, of Glasgow—on 8th July I saw this order (produced) placed in an envelop which was addressed "Messrs. Lizzard and Co., 11, Moorgate-street, London—I then put a letter in, and gave it to a person named Clark to post—the order was not endorsed—we received a telegram from London next day—the clerk ought to have known Mr. Lizzard's exact title; it should have been "Mr. Lizzard," not Lizzard and Co."
EDWARD LIZZARD . I am a merchant, of 11, Moorgate-street, and bank with the London and Westminster Bank, Lothbury—I have no partner—I have correspondents, Messrs. McKie, junior, in Glasgow—I did not receive this order for 10l. 3s. 8d. on 8th July—this endorsement on it is not my writing, nor written by my authority—I know nothing of the prisoner.
EDWARD WEST WILSON . I am a cashier at the London and Westminster Bank, Lothbury—they are agents for the Clydesdale Banking Company, Glasgow—on 9th July, between 12 and 1 o'clock, the prisoner came, and produced this order for 10l. 3s. 8d. on account of the Clydesdale Bank, endorsed "E. Lizzard and Co."—Mr. Lizzard banks with us in the name of "Edward Lizzard"—I knew that it was not his writing, directly I looked at it, and asked the prisoner where Mr. Lizzard lived, as I thought there might be another E. Lizzard in London—he said, "11, Moorgate-street," which is the address of our customer—I asked him if he had seen anybody endorse it—he said, "No, but it was done by one of the firm"—Mr. Lizzard lives at Webster's, a confectioner's shop in Moorgate-street—I asked the prisoner whether it was a confectioner's shop, and he said that he did not know—there is this peculiarity in going up stairs to Mr. Lizzard's, that the confectionery smells remarkably strong, and anybody must be aware that it is a confectioner's shop—I showed the order to the chief clerk, went back to the prisoner, and asked him where he got it from—he said that he met a man that morning, either in a public-house or in the street, who had engaged him as clerk, and who sent him on in a cab to get it cashed, and he was to meet him in Threadneedle-street; I fancy he meant the Bishopgate-street end, which would be about two minutes' walk off—I took him in to the chief clerk—an officer was sent for at the same time, and Russell came.
Cross-examined by MR. SLEIGH. Q. Was it into the back parlour that, you
went to consult somebody? A. Yes—I left the prisoner standing at the counter, and found him there when I returned—we have no other customer named Lizzard.
MR. CLERK. Q. Had you made any charge against the prisoner before you went to the chief clerk? A. No.
GEORGE RUSSKLL . I am a detective-officer of the City—on 9th July, about 1 o'clock, I was called to the London and Westminster Bank, Lothbury, and saw the prisoner—I showed him this draft, and asked if he presented it for payment; he said, "Yes"—I asked him his name; he said, "James McDonald," and that he lived at 28, Wootton-street, Lambeth, and was a jewel-case maker—I told him I was a police-officer, and asked him how he became possessed of the draft—he said that he met a man at the Cross Keys, Black friars-road, who asked him to go and get it cashed, and meet him in Threadneedle-street in half an hour, and promised him partial employment—I said, "It is about half an hour now, and you had better go and see if you can find the man—I told him to walk straight, and never mind me, and not take the slightest notice of me—he walked to the Bishopsgate-street end of Threadneedle-street, came back to me, and said, "I cannot see him; "he then turned back, and again said, "I cannot see him"—I said, "You should not speak to me, that is very wrong of you; go and see if you can see the man"—he went two or three yards, came back to me, and said, "It is no use; it is an hour ago now, and when I left him he was opposite," pointing to the end of Bishopsgate-street—just at that time Nicks, the porter of the bank, came over, and said, "It is no use going any further; he has given the office to somebody; he has made a motion to somebody"—the prisoner said nothing to that—I told him I was not at all satisfied, he must come back to the bank with me—my attention was devoted to the prisoner's not getting away, and there were a good many people there, so that Nicks had a better opportunity of seeing the sign than I had—I took the prisoner to the bank, and then to the station—I went to 28, Wootton-street, and found that his father lived there, but that the prisoner had left home four or five years—I went to 11, Brad-street, Cornwall-road, and found there several letters addressed to the prisoner—the landlord is here.
CHARLES WILLIAM NICKS . I am porter at the London and Westminster Bank—on 9th August I went with Russell and the prisoner to look for a man in Threadneedle-street—they went on one side, and I on the other—I had the prisoner under my observation all the way, and when about fifteen or twenty yards from the Bishopsgate-street end, he raised both his arms, with the forefinger of his right hand pointing—that was done instantly, and at the same time I saw two men at the corner of Bishopsgate-street lounging one on each post—one of them disappeared suddenly, the other remained, and we left him there—I went across, and told the officer that it was no use waiting, for I saw him pass a signal.
Cross-examined. Q. I suppose a good many people disappear suddenly in Threadneedle-street? A. Yes.
JOHN MOREY . I live at 11, Brad-street, Waterloo-road—the prisoner lodged at my house in July—his wife took the room in November, but he has not lived there all the time—he was away occasionally for a short time—I never saw his photograph hanging up in the room—a single female occupied the back room.
Cross-examined. Was he living in your house at the time he was taken? A. He was at home the previous morning—I knew the street where his father lived, but had never heard the number—it is Wootton-street, Waterloo-road.
NOT GUILTY .
MESSRS. CLARK and METCALFE conducted the Prosecution.
WILLIAM HENRY NICHOLSON . I am a banker of Rochester—on 2d July I wrote a letter to Messrs. Upward and Goodwin, stockbrokers of Throgmorton-street, enclosing these four letters of acceptance for stock, and a fifth for seventy-two shares in the Scinde Railway, with a note at the bottom, which is a direction to the broker that I renounce them in favour of somebody whose name was left blank, to be filled up by the broker—one was signed by me, another for one of my sons, another for my sister, and other members of my family—I inclosed in the envelope a letter, of which this (produced) is a part—it was addressed to Mr. Upward, and bore his name at the bottom, but it has been torn off—I fastened the envelope, and left it. where the letters are always left, for Loft to take to the post.
Cross-examined by MR. PATER. Q. Was it registered? A. No.
WILLIAM UPWARD . I am a member of the firm of Upward and Goodwin, brokers, of Throgmorton-street—I had sent these four documents to Mr. Nicholson, but did not receive the letter containing them on 2d or 3rd July.
FRANCIS AUSTIN . I am a stockbroker, of 25, Tokenhouse-yard—on 3d July, I purchased of Mr. Bennett, a stockbroker of Copthall Chambers, forty-three shares in the Scinde Railway, and received from him these four letters of acceptance—the original shares were then at 1l. premium—here is a form of renunciation at the bottom, signed by the allottee—any name might be inserted in this blank, and they would then be registered in that name—I gave 1l. premium—I gave Mr. Bennett an open cheque for 40l. 6s. 8d.—I declined the seventy-two shares, as the letter of acceptance was not in form.
FREDERICK BENNETT . I am a stockbroker of 2, Copthall-chambers—on 3d July, the prisoner called at my office about 3 o'clock, and produced these four letters of acceptance in the Scinde Railway, representing forty-three shares, and a fifth representing seventy-two shares—he said that he was recommended to me by somebody in the post-office, but mentioned no name—he said that his aunt, Mrs. Nicholson of Rochester, had instructed him to dispose of them—that name and address appear on the documents—I said that before negociating them, I must have a reference; upon which he produced a part of a letter, which is now attached to the shares, and gave as a reference Mr. Freston, a solicitor, of Coleman-street—I went out to Mr. Austin, of Tokenhouse-yard, negociated the value of the shares with him, and went back and told the prisoner I could sell them for 1l. per share—he left to consult his friends as to whether he should take it, and came back in twenty minutes with Mr. Freston, who advised him to take that price—I then went to Mr. Austin, sold him the shares, and received from him a cheque for 40l. odd, which I gave the prisoner with the contract note—I told Mr. Freston that some slight doubt existed as the genuineness of Mrs. Philip's signature—he undertook to make inquiry about it, and left my office with the letter of allotment for the seventy-two shares, and I never saw him again—I was at one time a clerk in the post-office, and knew a man there very well by sight, named Jestico—I saw him in Coleman-street, which is five or six
minutes' walk from my office, on the day the prisoner negociated the shares, when I went to Mr. Freston's office for the reference—he was nearly opposite my office; I spoke to him.
Cross-examined. Q. Who was in the office when the prisoner first came in? A. Thomas Smith, my clerk; nobody else—I will swear that the prisoner mentioned his aunt's address as Rochester—it is a very small office, and my clerk could probably hear it—he was there about 3 o'clock—he was there two or three times—I think it was on the first occasion that he produced this piece of a letter, but should not like to swear it—I told him that the seventy-two shares were sold, subject to inquiries being made—Mr. Freston was present, and said in the prisoner's presence, that he would make inquiry about them.
MR. CLERK. Q. Were the shares good things at that time? A. Yes; and if they were all right I should have been very glad to dispose of them—I had never seen the prisoner before, nor Mr. Freston—Mr. Freston was only at the office once that day, I think.
WILLIAM ANTHONY FRESTON . I am a solicitor, at 36, Coleman-street—the prisoner was occasionally employed in my office as clerk, about a year and a half ago—he called on Friday, 3d July, between 2 and 3 o'clock, and the shares were brought into my room by a clerk of mine, named Brain—the prisoner said he had been offered 115l. for them, by Mr. Bennett, and he wanted to know what was the real value of them; he thought they were worth a good deal more, and asked me to ascertain what they were worth—I went out and asked our broker, and then came back and told the prisoner that the price was seven-eighths, and that I was quite sure he had been offered the top price for them—he asked me to go with him to Mr. Bennett, and I went—he had these letters of allotment with him, and told Mr. Bennett that he would take 1l. a share—that was the only time I went with him to Bennett's—I did not hear him say anything about his selling the shares for his aunt named Nicholson, who lived at Rochester—they said that they did not know whether the fifth letter of acceptance bore Mrs. Philip's signature, and asked me whether I would guarantee it—I said, "Certainly not, I could not identify it"—the prisoner left it in my hands, and I went next morning to the office of the Scinde Railway Company to make inquiries about Mrs. Philip's signature—on 4th July, in the middle of the day the prisoner called at my office—I informed him that Mrs. Philip's signature was all right—I went from the railway office to Mr. Bennett's, but he was out of town—I had some communication with my brokers, and from what they said, I returned the prisoner the letter for the seventy-two shares on July 4th—it was not dealt in—he was standing at my office door at the time—on the same afternoon, I think, a policeman called at my office, and I told him what I knew about the shares—the prisoner had then gone, and I did not know where he resided—I had not seen him for three months or more previous to his calling on me.
Cross-examined. Q. Did the prisoner know that you had a correspondent at Rochester? A. Yes; it was arranged that I should have possession of the seventy-two shares that I might make inquiries about them, and I took possession of them—the prisoner never said anything to me about his aunt, nor did Mr. Bennett say anything about her—the prisoner was two months or more in my office—he frequently had as much as 50l. and was the last person in the world whose honesty I should have suspected—his father held a high position in the Army.
a street leading out of the New Kent-road—I said, "Fred, I want you" (his name is John Frederick)—he said, "What for?"—I said, "You know McDonald?"—he said, "No"—I said, "When did you see Mr. Freston last?"—he said, "Last week"—I said, "What was your business with him?"—he said, "I saw him with respect to the sale of some railway shares"—I said, "Who did you receive those railway shares from?"—he said, "From a man I met in the street"—I said, "Do you know that man's name?"—he said, "Yes, Gill; I do not know where he lives; I have seen him on "Change"—I told him that the charge against him would be for stealing those shares—he said, "I only got a sovereign for the job"—I said, "In addition to those you have sold, there are seventy-two shares still missing; what has become of them?"—he said, "I gave it back to him, and he said it was valueless, as it had been endorsed"—I took him to the station—he gave his name, John Calder, and his right address—I went there, and found he was living there in the name of John Day—his right name is Calder.
The prisoner's statement before the Magistrate was to the effect that he was only Jestico's agent, and received a sovereign for services.
GUILTY .— Six Years' Penal Servitude.
1009. JAMES McDONALD was again indicted for feloniously receiving a bill of exchange, the property of her Majesty's Postmaster-General, well knowing it to have been stolen . MR. CLARKE offered no evidence.
NOT GUILTY .
PLEADED GUILTY .— Confined Twelve Months.
MR. LEWIS conducted the Prosecution.
HENRY PERKINS . I am a contractor, of 22, Glood-street, Somers'-town—I have known Stapleton many years; he was formerly a contractor, but is now reduced—on 8th July he came to me, and said that he had got a bill in the name of Gray—I said, "I do not discount bills unless I know something about the parties, and I do not know Mr. Gray"—he said that he knew a man named Petford, whom I knew, a smith in Kentish-town, and that I knew the acceptor, Palmer—I said, "Yes, I will discount their bill to any extent"—he said, "At what time shall you be at home in the morning?"—I said, "Any time between 9 and 10—he did not come that morning; he came on Friday morning with the bill, and I gave him this cheque (produced)—I made inquiries of Petford and Palmer afterwards, and then informed the police—the cheque has been paid.
Cross-examined by MR. TAYLOR. Q. Do you know a person named Harris? A. Yes—he was not present at the police-court, but I saw him outside—I do not recollect having anything to drink with him that day—I spoke to him when he got up in his cart—he had nothing to do with this bill—I have heard that he is on bad terms with Stapleton—I have not said that I would not prosecute Stapleton if Harris had not pressed me to do it.
MR. LEWIS. Q. Was Stapleton the man whom you had all the transacactions with? A. Yes, and to whom I paid the cheque.
JOSEPH PETFORD . I am a smith, of Camden-town—Stapleton came to me with Fowler—Stapleton asked me if Bassett had not got a bill of a man, which I wanted discounted—I said that he had not anything of the sort, for I had not given a bill nor drawn one for some considerable time—he said that I was the drawer and Palmer the acceptor—I said, "I know that cannot be, because Palmer never gives bills, and if there is anything of the sort it
is a forgery"—they asked me to write my name on a piece of paper, to compare with the bill—I said that I should do nothing of the sort, and they left—I am not the drawer of this bill; no portion of it is in my writing, nor did I authorize anybody to draw or sign it for me—this is not my endorsement to this cheque (produced)—I did not give authority to any one to endorse it—I did not receive the money.
Cross-examined by MR. TAYLOR. Q. Did you know anything of either of the prisoners before this? A. No—Fowler came first, and in a minute or two Stapleton came in—I was there perhaps ten minutes or a quarter of an hour—they both asked me to write my name; and after Fowler turned away, Stapleton stopped and asked me to give him my signature to compare with the bill—I have known Bassett for some years.
ROBERT WELLS MILLER I am clerk and cashier in the Bank of London—this cheque was produced to me, to the best of my knowledge, by Staple ten—I gave him a 20l. note, No. 22, 287, and cash—I do not recollect whether it was endorsed when it was presented to me.
Cross-examined. Q. Are you quite certain to whom you paid it? A. When I went to the police-court, to the best of my knowledge and belief, the tall prisoner (Stapleton) was the man; his features seemed to come back to me, but I cannot be certain—he was only the third customer in the morning.
NEWCOMBE GUIN (Policeman, G 248). On 10th July I took Stapleton, and told him he was charged with forging and uttering a bill on Mr. Perkins for 48l. 5s.—he said that he did not know it was a forgery, a man named Fowler introduced him to a man named Bassett, who asked him if he knew where he could get a bill cashed, and he took him to Mr. Perkins and received half a sovereign for his trouble—I found on him this paper (read), "July 9,1863. Please to pay Mr. Bassett the amount of the bill drawn on me, and accepted by Mr. Palmer, short your discount. Joseph Petford."
Stapleton received a good character. GUILTY of Uttering . Strongly recommended to mercy by the Jury and Prosecutor.— Confined Twelve Months .
MR. METCALFE conducted the Prosecution.
HENRY NUTLEY . I am a seedsman, of 60, Barbican—in May last, some goods which I had sent to Bally Bay were returned to me—I paid first 1l. 3s. 6d. to the company, and afterwards a further charge was made of 1l. 10s. 1d.—one was for the passage out, and the other for the passage back—the prisoner came to me about it several times in May—he produced a letter written by some one in the employ of the company, and a bill which he said was for the carriage from London to Bally Bay—he asked for 1l. 10s. 1d., which I paid him on 6th June, and he signed this receipt (produced) in my presence.
Cross-examined by MR. GIFFARD. Q. Was the money given on the day the receipt bears date? A. Yes.
JAMES GILLIARD . I am chief of the corresponding office at Camden-town goods station—the prisoner was a clerk in that office—he had to manage one department of the correspondence, but had nothing to do with collecting
money—when money was to be collected instructions were given to the accountant's office to collect it—there are regular collectors employed—the prisoner had no right to deal with money at all—if goods were brought up from Birmingham, and the money not collected at the time, he would have nothing to do with that, it would only come into his department if there was a correspondence—Postle was a clerk in the office, and also a lad named Demetrius—when money had to be collected from the English line and the Irish line also, the collector would collect it and pay it into the cashier's office; a reference to the book is then obtained from the cashier's office, on which the clerk who has it in charge authorizes the Irish Company to recharge the amount to the debit of the North Western Railway Company at Camden-town station, that settles the account—in this letter of advice there ought to be a letter of reference to the cash-book; the Irish Company would then send an invoice for the amount, which would go to the general correspondence office, first to the person who opens the letters; he would look at the reference on it, and distribute it into the accountant's office if it had the cash reference on it—the invoice is treated as a voucher between the two companies, and in our clearing he would use it as a voucher for the money—it would be brought into the correspondence office to see where the money was to be obtained—it ought to be in such a shape as to be distributed from the letter opener into the correspondence office, and not be returned—this letter is in the prisoner's writing: "If you have not yet charged this Company with the above amount be good enough to do so, inclosing me an invoice giving reference to this letter; let this be done at once"—that is not a regular or proper letter, because, in the first place, it should give the cash reference; and next it says, "enclose me an invoice," which he ought not to have done—with the name Stephenson signed here, and the initials underneath, it would necessarily go into the correspondence office, and the proper authority would say, "You may re-charge this amount," giving reference to the cash folio—it would have gone all right to the accountant's office if unaccompanied by this letter, but being accompanied by this letter, it came to the correspondence office—it bears the reference which would take it to that office.
JOHN DEMETRIUS . I am a clerk in the corresponding office—I went to the prisoner's house on a Sunday in July, not knowing that he had been discharged—he asked me to get him Nutting's paper from the office-drawer, and promised to meet me at the Oxford and Cambridge public-house—I went to the office drawer when I went back, and found these papers (produced) folded up and endorsed—I can speak to the Euston letter and the invoice—I took them to the Oxford and Cambridge—the prisoner was not there, and I took them back again and gave them to Possle—I knew that the prisoner had left the office temporarily, but not that he was discharged.
JAMES GILLIARD (re-examined). The reference on the prisoner's letter is the same as that on the Irish letter—if he had not introduced these words, "Send me the invoice, "there would have been no letter at all, simply the invoice, which would have gone to the proper office, the accountant's office—this receipt is on one of the Company's forms—the prisoner was discharged on 15th July—he had been in the office from 12th June—this invoice bears date 15th July—the prisoner has never mentioned the invoice or communicated the fact that he had received it, or the fact of the payment of the money.
Cross-examined. Q. From 15th June to 16th July he was suspended, was
he not? A. No; he was arrested for debt on 9th June—I should be the first person to know of any irregularity—if he was suspended without a report from me, it would be in the goods manager's office; he is here—I am certain the prisoner was not suspended before he was discharged—Mr. Stephenson discharged him in my presence on 15th July—he was attending to his business from 15th June to 16th July—he had been released from custody—he had nothing to do but the correspondence—if a person writes from Birmingham. and says that goods are left at such a place, that would come into the prisoner's department; he would give instructions to the delivery officer to deliver—he would only have to make out a memorandum—he had nothing to do with carriage paid, or with making out the charges for them—the delivery officer would get that from the invoice at the station—I did not give the prisoner instructions as to his duty; it is an understood thing—I should if he had asked me, and I have from time to time; but he would know from long association.
COURT. Q. Suppose a person has sent goods to the Euston Station to be left till called for, and writes to the London and North Western Railway, saying, "Please deliver those goods at 19, Barbican," would that letter come into the prisoner's possession? A. Yes; and he would ascertain whether the goods were there, through a junior clerk in his own office, who would be sent to find out; and then the corresponding clerk gives a memorandum to the delivery department, "Please do so and so with Mr. So-and-So's goods; please send them home to 19, Barbican"—the persons in the delivery department at Camden would know whether they were paid for by the original invoice, filed in the accountant's office—the delivery department would get at that by a book kept in the delivery office for the purpose—there would not be an additional charge for delivery out of the station, unless it is out of the delivery, not even if first consigned to Camden and then charged to Oxford-street—the delivery office would make a proper charge for warehousing—I cannot tell you the charges made in respect of this; the person is not here who made the delivery—I do not know how they came to deliver without charging at all—the prisoner saying, "Please deliver this invoice to me," would mean to Mr. Stephenson, who he wrote for—he should have said, "You may re-charge this amount," giving reference to this letter, "Cash-book, folio so and so"—this is the letter itself got back from Ireland—I wrote for it—the prisoner took a proper office copy of this letter, a machine copy (produced), and left it in his desk—that was not the proper course of things—it came from my office—it was originally filed in due course—I was the first person who called the prisoner's attention to Nutley's seeds—I said, "Look carefully into it, and do not let the fellow lose his money"—that was in April—the Irish station-master omitted to charge 1l. 10s. 1d., but forwarded the goods—he thought to overtake them, and sent a second invoice, which he asked us to substitute for the first—the corrected invoice would arrive almost concurrently with the goods, and on receiving it, I asked the prisoner to look at it, and substitute the corrected invoice, by which means the whole charge would be collected—that was on 13th April, to the best of my recollection—it was ultimately found that the goods had gone home, and the only mode of getting the money would be by applying to the gentleman, who ultimately paid it.
MR. METCALFE. Q. Did you tell the prisoner to apply for it? A. No; I told him to substitute the corrected invoice—if he was unable to do that, his duty was to give instructions in the accountant's office—he has been in my office since 1st January, 1862—he has been many years in the goods
department—since he has been in my office he has had nothing to do with collecting money, only writing about money.
JOSIAH CARTER . I am assistant-cashier at the Camden Station—I have charge of the cash, and keep the books—the prisoner has not paid me 1l. 10s. 1d. for these seeds or any part of it, or any money at all.
Cross-examined. Q. There was a correspondence about the 13s. 10d., have you applied to Pickford's to know whether they have received it? A. I know there has been a correspondence, but it has not been in my department.
COURT to J. GILLIARD. Q. Do you know of any application made to Pickford's about 13s. 10d. A. There was a correspondence about the goods coming up; but I have held no correspondence with them since.
MR. GIFFARD. Q. Is there any one from Pickford's here? A. No—I do not know that the goods were delivered by Pickford's.
—WORTHINGTON. I am a constable, in the service of the London and North Western Railway Company—on 11th August, at 7 in the morning, I went to 70, St. John's Wood-terrace, and saw the prisoner—I said, "Do you know me?"—he said, "Yes; have you come to take me?—I said, "No; I have come to ask you to come with me to see the goodsmanager, respecting two cases of fraud, in which you are suspected of being concerned; and if you can give a satisfactory explanation, I shall be very glad; but you are not bound to say anything to me which may be used in evidence against you"—he said, "Let me see the papers"—I showed him Nutley's receipt—he said, "Yes, I received that money; but unfortunately I was arrested for debt, and that was the cause"—I then went with him to the goods manager, who gave him in custody for embezzling the money.
Cross-examined. Q. Did not he say, "That was the cause of my not paying it in?" A. No; but I suppose he meant so—I did not hear him use those words.
WILLIAM HENRY POSSLE . I am a clerk in the same office with the prisoner—he was arrested on the 9th June, and the same day, or next morning, I received a letter in his writing, which I have either lost or destroyed—I have looked carefully for it and cannot find it—it spoke of one or two old matters that the prisoner had had in correspondence, and asked me to keep things as quiet as I could for his sake, and that he should be glad if I would keep the Bally Bay invoice for him till he returned—this is the invoice—I did not see it till it was given to me by Demetrius—the prisoner did not say a word to me about leaving it in his desk, and I have no recollection of his saying anything about having received the money, I am sure he has not at any other time—a letter like this, which the prisoner sent to Bally Bay, ought not to be sent out without a cash reference—had the cash reference been on this return, the probability is, that Bally Bay would have sent to that reference.
Cross-examined. Q. Was the prisoner's desk that at which he used to sit, and into which letters would be put in his absence? A. Yes; he was absent from 9th June to 16th.
JANE BANKS . I live at 2, Harris-place, Oxford-street—Mr. Presdie took part of my house, and the furniture came up for him by railway, and was left at my place—it was left in the afternoon, and was not paid for at the time—the prisoner came the same evening, and said he came for 13s. 10d. for the goods which had come there in the afternoon from the railway company—I asked him for the bill—he said that he had not one, but he took this receipt out of his pocket in the kitchen, and signed it, and I paid him the money—that was at the latter end of June.
Cross-examined. Q. Did Pickford's people deliver them? A. It was one of Pickford's carts, they told me—I do not know whether it was before or after I had paid him the money, but he gave me a letter from Mr. Presdie to road, to show me that it was all right his asking for the money—he told me that they were desired to be left at the station till called for; that he went to the station on Saturday, but was too late, and wrote a letter asking for them to be delivered at my house—I asked Pickford's man, and he said that there was nothing to pay—the prisoner did not say that there had been some mistake.
MR. METCALFE. Q. Did the prisoner tell you from whom he came? A. From the people who had sent the goods, who I understood to be Pickford's—he said that he came from the company to get the money—I merely signed this book (produced) when I received the goods—here is my signature.
DAVID STEVENSON . I am the goods manager of the London and North Western Railway, and am head of all the departments relating to goods—this letter of the prisoner's is not regular; in the first place, there is no cash reference; and in the next place, it desires the station to which it is written to return it to the writer, the effect of which would be to carry it into the prisoner's hands—a vast number of letters arrive night and day—they are opened by certain persons, and distributed—a letter written in this manner would necessarily bring a reply, because it says, "Enclose it to me," and the practice in that case is to write a reply—it means enclose it to me, so that it will not go in the regular course—I have never known such a letter as this go to the Irish office before—the prisoner had nothing to do with collecting money—if goods were left, and the money not paid, he had no right to interfere and collect it—the goods are marked as paid on this way-bill, so there would be nothing to pay upon them if that was correct, but it was not correct—it was an error of the clerk—that accounts for the goods being left without the money—the prisoner had no right to interfere—the error would have been discovered after a time, and we should direct our agents to collect the money, Pickford and Co. or Chaplin and Horne.
Cross-examined. Q. Pickford's having delivered the goods without the money, they would have to collect it? A Yes.
NOT GUILTY .
THIRD COURT.—Wednesday, August 19th, 1863.
Before Mr. Common Serjeant.
1012. GEORGE UPSON (33) , Feloniously entering the dwelling-house of John Galsworthy, and stealing therein 5 rings and other goods, value together 163l. the property of Harriet Jane Watson and George Kingdon.
MR. COOPER conducted the Prosecution.
MARY FISHER . I am lady's maid, in the service of Mr. Galsworthy, of 23, Portland-place—on 2d July Miss Watson and Mrs. Kingdon were visiting there—I was in Miss Watson's room about half-past 10 on that evening—I had just started the ladies to a ball—I saw Miss Watson's jewel case then, on a table at the foot of the bed, and Mrs. Kingdon's box was in the room—I also saw two watches and two chains on the toilet-table, on each side of the looking-glass—about a quarter of an hour after that I was called by Jane Cousins, went into the same room, and found Miss Watson's box was gone—I did not discover the watches were gone till afterwards.
Cross-examined by MR. RIBTON. Q. You say it was half-past. 10 when you went up first? A. Yes, I know that, because the ladies went away to the ball at that time—they were later than they ought to have been—I looked at my watch in Miss Watson's bedroom, after I saw the ladies off in their carriage.
EMMA JANE COUZENS . On 2d July I was housemaid in the service of Mr. Galsworthy—I went up to bed on that evening at a quarter to 11, and found Miss Harriet Watson's dressing-case on my bed—it was broken open, and everything gone, except some letters—Miss Watson's room was on the second floor—the door which leads on to the roof of the house was wide open when I went up—it had been so all day—the under-housemaid opened it about 10 o'clock in the morning to let the air in.
Cross-examined. Q. Is your room the attic? A. Yes; at the back—I looked at the clock as I went up to bed—I saw the ladies go off to the hall, and saw Mary Fisher in the hall at the time—we then went upstairs, first to Miss Watson's room, to put it, to rights, we might have been in there five minutes, and then went into Mrs. Kingdon's, on the same floor, stayed there about five minutes and then went downstairs to the work-room, I stayed there about five minutes shutting up and then went up-stairs again for the purpose of going to bed—the clock is on the stairs, and I saw it was a quarter to 11—the property must have been taken between twenty minutes and a quarter to 11.
HARRIET JANE WATSON . I was residing at 23, Portland-place, on 2d July—I had a brooch, a watch, and other articles of jewellery belonging to me whilst there—I went to a ball on this night, and on my return I found those things gone, and a box which contained my jewellery broken open—I lost about 60l. worth, and my sister about the same—this is my jewel-case (produced).
Cross-examined. Q. The property I believe was in different parts of the room? A. Yes; on the dressing-table, and in this box which was on a table at the foot of the bed—Mrs. Kingdon's box was in another room; that was broken open too—I should say we left the house about from a quarter to half-past 10, but I did not look at my watch.
DAVID LATTO (Policeman, E 141). On the 2d July, about ten minutes past 11, I was called to 23, Portland-place—I went to the top of the house and examined it—I found this box broken open on the servant's bed, and on the roof of the house I found this small jewel-case—there are about thirty steps to go up from the ladies' rooms to the door which leads on to the roof.
Cross-examined. Q. Who fetched you? A. I was passing the door and Couzens informed me there had been a robbery in the house.
COURT. Q. Is there a ladder to this door? A. No; it leads from the passage by the servants' room—it is not a door in the ceiling, it opens like any other door.
SAMUEL WHEELER (Police-sergeant, E 18). I assisted in searching these premises on 3d July, about half-past 12 in the morning—I went on the leads of the adjoining premises, and on the leads of 57, Devonshire-street I found this jemmy (produced)—I have compared it with the marks on the box that was broken, and find it corresponds with them.
WILLIAM FRANKLIN (Police-serjeant, E 20). On the morning of 3d July, about a quarter to 6, I went to Charlotte-street, which is at the back of Portland-place—I remained there till half-past 8, and then got on to the roof of 53, Charlotte-street—I went to the corner of Devonshire-street and Charlotte-street—you can get from the roof of one house on to another—I
there found a great many slates broken, and saw footmarks of naked feet—I traced those footmarks to the roof of 62, Charlotte-street, and found the outer trap-door of that house open, the inner trap-door was fast—I had another officer with me, and I sent him back to come into the house and let me in—he did so, and when we got the inner trapdoor open, I saw black prints of finger marks on both ledges of the traps, as if some one had gone out that way—I went down on to the landing and saw naked footmarks on the landing similar to those I had traced on the roof—I then went into a room and saw a naked footprint inside the door, and two prints of naked feet on a chair in the room, which stood next to the door—I then ascended again to the roof and followed the footmarks quite up to 23, Portland-place, both ways, there and back, and only footmarks of one person—at some places it was much more distinct than at others, where there was soft mud or anything of that sort—there were no marks beyond 23, Portland-place, or 62, Charlotte-street—there are thirty-two houses between those two.
Cross-examined. Q. This house in Charlotte-street is not a very reputable house, is it? A. I have never heard anything about it—I don't know that it is a brothel—I am almost a stranger to that part—I have heard of the street—I don't know of one brothel myself in that street—I heard some time ago that there were some houses indicted, I did not hear how many—I should think that is two or three years ago—on my oath I do not know that 62, Charlotte-street is a brothel—I have not heard that it is, officially—I have heard it rumoured that it is a house that has been used for that purpose—50l. has been offered by Mr. Galsworthy for the recovery of the property—nothing has been offered to discover the person who stole it—I saw the landlady of 62, Charlotte-street on this morning—it was in the front room at the top of the house where I found the marks—there are three rooms there I think—I searched another room—one was locked, on the same floor, at the back, I believe—I am sure it was locked—I examined two rooms leading out of one another—there was no bed in the front room—I did not go down to the other rooms—I was told there was no man living in the house—there was a clear footprint in the dust in some places where it was dry and in other places where the water had settled—it had not been raining for about a fortnight, but some of the leads were moist and wet.
MR. COOPER. Q. How far is the room where you saw the footmarks on the chair from the trap? A. The landing is a very small square place, and the trap is just outside the room door in the ceiling—the door at 23, Portland-place opens and shuts on hinges.
ANNIE ELIZA NEWMAN . I am a widow, and reside at 62, Charlotte-street—the prisoner came to lodge at my house a fortnight and four days before this occurrence when the police came—he had the two front attics, a bed-room and a sitting-room—the trap-door is on the landing—I was with the police when they examined the rooms; no other man occupied apartments in the house—the prisoner left on 2d July, about 11 o'clock—I was at the door when he was leaving—he then owed me four days' rent—I met him at the door and he said, "Good evening, madam"—I said, "Good evening, sir, I thought we had lost you altogether"—he said, "Only for a short time"—I did not see him after that—there was not a room locked up upstairs as the policeman says, it was unoccupied—I had two ladies on the first and second floors.
Cross-examined. Q. Do you mean that the two ladies occupied separate rooms? A. Yes; one lady the first floor and the other the second; a bed room and sitting room each—I don't know whether they see visitors—there
were some people came to see them, but I do not answer the door myself, my servant generally does—gentlemen and ladies would be allowed to go up-to them if they called—there was a lady occupying one of the attics—she was there a fortnight, and left on the Saturday previous to the robbery—I believe she was a milliner—I never saw her with visitors—I believe she did some millinery business—I saw her doing a bonnet one day when I went up-stairs—the ladies on the first and second floors are with me still—they board themselves—the lady in the attic paid 8s. a week—I don't think she had a latch-key—the other two ladies have—all my lodgers have latch-keys—I am sure it was the 2d July that the prisoner left, because I looked at the almanac the next morning when the policeman came—he left on the Thursday night about 11—I know the time, because I asked my servant, and she told me it wanted two or three minutes to 11—he had not given me notice to leave or said anything at all about it—he slept out of the house the night before—he gave me to understand he was going to occupy the rooms for a long time when he took them—I did not make any inquiries about him—he paid his rent a week in advance—he appeared a gentleman, or I should not have taken him.
MR. COOPER. Q. Have you ever seen anything improper in the conduct of these ladies in your house? A. No; I don't know that they see gentlemen often—there is not the slightest ground for saying that, that I know of.
ANN AMELIA AVORY . I am single, and reside at 50, Devonshire-street, Portland-place—my house is between 62, Charlotte-street, and 23, Portlandplace—on the night of 26th June, I saw a man pass my attic-window on the parapet, in a stooping position, going towards Portland-place; it was a very bright moonlight night—the prisoner is the man, I could see his side face—he had nothing on his head—on 17th July I was taken to Marlborough-street station and saw several men together, and picked the prisoner out from them.
Cross-examined. Q. I believe he was the only man amongst them who had any whiskers? A. I do not know—I saw that he had whiskers—I did not notice the others—I have not seen other men on the leads of the house at night—this was a quarter after 11—I don't know whether there are workmen there during the day—I have not heard anything about the house in Charlotte-street—I would not swear the prisoner is the man I saw on the leads, but I know he is the man—I did not swear to him before, but I knew he was the man—I would swear that he is the man—I said before the Magistrate that I knew he was the man, but I did not like to swear to him.
MR. COOPER. Q. When did you see the man again? A. I saw him once after that in Charlotte-street—I am ready to swear now that he is the man.
THOMAS MAVETY (Policeman, N 43). From information I received, I apprehended the prisoner on 16th July, about 8 o'clock in the evening in the Kingsland-road—I told him I wanted him on a charge of committing an attic robbery at the West-end—he said, "Oh, nonsense, you know better than that; that is not my game; you know I don't do anything of that sort"—I took him to King-street police-station, and placed him with four or five others, some with beards and whiskers fair and dark; they might have been a little taller—Mrs. Newman was sent for and picked him out directly—I found 3l. 5s. 6d., a pair of earrings, and some other things on him—they have nothing to do with this robbery.
THOMAS POTTER (Police-sergeant, D 2) stated that he had known the prisoner eight or ten years in the name of Martin, that he had been concerned in a great many very extensive jewel robberies, and that he was an associate of the worst of thieves, some of whom had been convicted.— Three Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
FRANCIS JOHN JONES . I am a licensed victualler, at 7, Whitechapel-road—about 11 o'clock on the night of 12th July, I was going to get into an omnibus, at the corner of Princes-street, Bank, when the prisoner took my watch out of my pocket, and I felt him trying to get the key out of the button-hole of my waistcoat—I said, "He has got my watch"—I saw the chain in his hand, and he ran across the road, up Charlotte-row—he was there stopped—I followed and caught up to him—he put the watch and chain into my hand, and said, "Don't lock me up; pray don't prosecute me."
Prisoner's Defence. I saw the prosecutor partially intoxicated with two friends, getting into a hansom cab. I acknowledge trying to steal the watch from his chain, but he detected me in the very act, and that was all he accused me of at first. I attempted to steal, but I did not steal.
GUILTY .—He was further charged with having been before convicted of felony at Westminster, on 21st March, 1859, in the name of John Anderson, and sentenced to Five Years' Penal Servitude; to which he
PLEADED GUILTY.**†— Ten Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
DAVID MORRIS . I am a draper at Cardiff—I know Mr. A. Duffie Kidd—I sent a post-office order to him in March for 2l. 12s. 3d.—I posted it myself—this is it (produced), and this is the receipt I had for it, which I received by post—I had had business transactions with Mr. Duffie.
ARTHUR DUFFIE KIDD . This receipt is on one of our bill-heads—it is the prisoner's handwriting—he was my clerk—in March I did not receive a post-office order for 2l. 12s. 3d., nor did the prisoner account to me for that sum—George Althans is at the bottom of this receipt; that is his name—it is his business to sign receipts in this way if he entered it in the book and gave me the money—this order is in the prisoner's handwriting, imitating mine—it is signed "A. Duffie," my name—he had no authority to sign orders for the payment of money, but he had authority to send a receipt to my customers, and to account to me for the money in the regular way—he had no authority whatever to sign any document simply with my name.
Prisoner. Q. Have I not, in hundreds of instances, signed post-office orders, and also cheques, and paid them into your banker's? A. In my absence, but not when I was at home—you did that some years ago, when you lived with me first—you did not do it when you came to me the second time; that was excluded—I never gave you authority to sign cheques or orders—I have charged you several times with being deficient in your accounts—I have complained to you personally—that was on the occasion of your bringing an action for balance of salary—you sued me for 50l. salary—I did not pay you—I consider you took much more than you were entitled to, or you could not have been so extravagant as you were—I got into difficulties at the time, and nothing came of the action.
COURT. Q. Supposing this money had been entered in your book in the
regular way, and handed over to you and accounted for, should you have made any complaint of its being signed by him in your name? A. Certainly not—I might have said that he had no business to do so, but I should certainly not have taken proceedings against him, and I should not have done it in this case, if he had not absconded—I wrote to my customers and found that he had received other amounts, and this is one I have selected.
JOHN DICKSON . I am a clerk in the Money-order office at St. Martin's-leGrand—I paid this order—it was signed in this way when I paid it—I have also the advice-note—the order purports to have been remitted by D. Morris, of Cardiff.
COURT. Q. Do you know who received the money? A. I cannot recognise the party—it is six months ago.
NOT GUILTY .
ARTHUR DUFFIE KIDD . This receipt is written by the prisoner upon one of my bill-heads—I requested him several times to write for the money to Mr. Morris, and several others—Mr. Morris was always in the habit of paying pretty close, and I spoke to the prisoner about it—he left about 20th July—I said to him about April, "Write to Mr. Morris for the payment of 2l. 12s. 3d.," and he said he would do so—I have seen him frequently write letters and take them out to post.
ARTHUR DUFFIE KIDD (re-examined). When I discovered it, I spoke to the prisoner about it—he knew it was put in the hands of my solicitor, and he left the day before the answer would arrive from my solicitor—I told him he might have 7s. for the journey I was going to send him, and he helped himself to considerably more.
Prisoner. Q. How much did I help myself to? A. You told me you had only taken a sovereign—I don't know how much you had taken.
GUILTY .— Confined Six Months.
MR. HORRY conducted the Prosecution.
ALEXANDER HARRIS . I live at 121, Middlesex-street, Whitechapel, and am a glazier—about 11 o'clock on 29th June, I was going along Ferry-street, Millwall, with some glass for repairing windows on my shoulder, the prisoner broke my glass with a stick he had in his hand, and then hit me with the stick on the head, knocked me down, and took 12s. 6d. from my waistcoat pocket in a purse—somebody said the police were coming, and he ran away in the field—the value of the glass was about 12s.—I next saw the prisoner at the station on 23rd July—the police came for me—I told them what had happened—on the Monday after this happened, I was going down the field, and an old man saw me and said, "Glazier, I want you; my son broke your glass," and he gave me 10s.—he said, "You are a poor man; you cannot see my son, he is a long way off"—that was a week after the robbery.
MICHAEL HOLTON (Policeman, K 26). About a quarter before 11 on 29th June, I saw a crowd in the West Ferry-road—from what the prosecutor said to me, I went down Thomas-street, and saw the prisoner running away across
a large marsh there—I got within fifty yards of him, and I said, "Tom, you had better stop; if we don't catch you to-day, we shall to-morrow, or the next day"—he had a whip handle in his hand, and he turned round and said, "Oh, you swine," and shook it at me—I ran nearly a mile after him, over dykes and ditches, and he got away—I saw no more of him till 23rd July, when he was taken by another constable—I took the prosecutor to see him, and he was charged with robbing him of a purse and 12s. 6d.—the prisoner said, "I did not take the money, the glass has been settled for, and I don't know what I am charged with."
SIMON RUDD (Policeman, K 244). About half-past 12 o'clock on 23rd July, I found the prisoner in the West Ferry-road—I said to him, "Tom, I want you in custody," and caught hold of him by the collar—he dodged me, and tried to get away, and both of us went together right across the road—he had no necktie on—I said, "You had much better come quiet"—he said, "No; if I do, I am b—"—I said, "You will, you are charged with highway robbery with violence, I believe"—I sprang my rattle, and another constable came up, and we took him to the station—on the way there he said it was all squared up, his father had paid 10s. and a gallon of beer on Monday, that was the day before—he had absconded nearly a month.
ALEXANDER HARRIS (re-examined). The money I lost was two half-crowns, a two-shilling piece, five shillings, and a sixpence—the purse opens like a book—I am quite sure it was safe before I was attacked by the prisoner—I saw him take the money out of my pocket after I was knocked down, and run away—I am sure of that—he kicked me twice in the side after I was down—I could not work for about two days afterwards—he struck me with the whip-handle twenty times over the head.
MICHAEL HOLTON (re-examined). I saw the prosecutor directly afterwards—he seemed very excited—I did not see any marks of violence then—I ran after the prisoner directly—when I came back I saw the prosecutor, and he seemed to be very much hurt
Prisoner's Defence. I was in a public-house settling some business, and as I was coming out I happened to hit against his glass and broke a corner off. I was in a hurry, and I gave him a shilling. He would not take it. He took the glass off his shoulder, shook it in my face, and then threw it down and said, "There, you shall pay for it all." I went across the field to catch a horse that I had. I was in trouble before, and my father bought me a horse and cart, and I have been at work ever since. I have witnesses here.
THOMAS TAYLOR . I am a greengrocer, in Alfred-street, Millwall—I met the prosecutor running on the same day that the glass was broken—he came along with a pane of glass on his back—the prisoner was running to go to his horse up Alfred-street, and as he passed the prosecutor and another glazier, by his running, his waistcoat flew open, and caught the corner of the glass, and rented the side of it up—the glazier had two straps round his shoulders—he got them off, and said, "You broke my glass, you broke my glass," and that was all we could get out of him—after that, of course, the prisoner wanted to go to his horse—he went to go away, and the glazier caught hold of him, and then they went up by the coal wharf near a public-house, I don't know the sign of it, and had a struggle together, and the glass got broke—that was all I saw—the prisoner then ran away—I saw him jumping across some ditches on the marsh—I stood alongside of them when they were struggling, and I suppose forty people more—the prisoner had this whip-handle (produced) in his hands—he did not use it—he did not strike at all—they had a tumble together—the glazier kept on his legs
—if you and I had a struggle together, we should very likely tumble—I never was in a place like this before—I saw the glazier fall on the ground when they were struggling, and the prisoner too—I have known the prisoner about five or six months—I have lived there about twelve months—I saw the police come up afterwards, Holton and another one—I can swear the prisoner did not take any money from the prosecutor—I was not near my shop at this time—this was at the top of Alfred-street, at the public-house—I don't know the sign of it—I do not use it—I have not been using a public-house this morning—I have not touched a drop of beer this last fortnight or three weeks.
MR. HORRY. Q. Did you hear any cries of "Police!" A. Yes; afterwards, and heard the prosecutor say something about being robbed afterwards—I was with my van on the same day, and I saw the prosecutor with a mob round him in the next street to Alfred-street, and he had a bob-tailed coat on buttoned up, and another coat over that buttoned up—this was about from 3 to 4 o'clock in the day—I said to him, "You say you have lost 12s. 6d., which pocket did you lose it out of?"—he unbuttoned his coat in this style and said, "Out of this pocket"—I said, "Will you allow me to put my hand in that pocket?"—he said, "Yes"—I put my hand in and it was worn out—it had been worn out for months, as this is—(The witness here put his hand through the bottom of his own coat pocket)—I never heard any one call out, "The police are coming"—I was there at the first beginning—there was a crowd there then—I have not been in such a place before like this, and I must not be baffled—(The Court here ordered an officer to take the witness into custody for contempt of Court.)
ALEXANDER HARRIS (re-called). I did not see this man there at all—I did not see him between 3 and 4 o'clock—it is not true that he put his hand into my pocket and found it worn out—I did not see him at all.
MARIA MARNEY . I am a widow, at 2, Took-street—I saw the prosecutor in the afternoon, crying about the glass being broken, and he wanted to find the prisoner's parents, to see if he could get back his money—he never said a word about his money being lost—he never used the word money at all—he said he wanted to be paid for his glass—he carried the broken glass on his back—he afterwards received 4s. 6d. for the glass that was broken, and 5s. 6d. for the day's work he had lost, from the prisoner's father.
GUILTY .—He was further charged with having been before convicted of felony at Westminster on 9th April 1860, and sentenced to Three Years' Penal Servitude, to which he
PLEADED GUILTY.**— Six Years' Penal Servitude. The Jury stated that they did not believe one word of the evidence given by Thomas Taylor for the defence.
1019. GEORGE LOVE (22) , to stealing 120 pebbles and other articles, the property of James Smith, his master. He received a good character.— Confined Four Months. [Pleaded guilty: See original trial image.]
1020. THOMAS TARRANT (20), and CHARLES BAILEY (19) , to burglariously breaking and entering the dwelling-house of Sarah Ann Walker, with intent to steal, both having been previously convicted of felony.— Six Years' Penal Servitude each. [Pleaded guilty: See original trial image.]
1024. ELIZA STRAKSEN (18) , to unlawfully attempting to conceal the birth of her child. Dr. Jones, in whose service the prisoner had lived, stated that he would take charge of her if the Court should think fit.— Confined Three Days . [Pleaded guilty: See original trial image.]
OLD COURT.—Thursday, August 20th, 1863.
Before, Mr. Justice Keating.
MR. COLLINS, for the Prosecution, as the Grand Jury had ignored the bill, offered no evidence on the inquisition.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution, and MR. RIBTON the Defence.
NOT GUILTY .
NOT GUILTY .
MR. BEST conducted the Prosecution, MR. COLLINS the Defence.
GUILTY of the Attempt.— Confined Eighteen Months. There was another indictment against the prisoner for a like offence.
NEW COURT.—Thursday, August 20th, 1863.
Before Mr. Recorder.
1029. JAMES CLARK (52), EDWARD WILLIAMS (46), SAMUEL VIVASH (29), FRANCIS WILLIAMS (29), and WILLIAM BAILEY (42) , Burglariously breaking and entering the warehouse of John Ponzini and stealing therein three looking-glasses and other articles, his property.
MR. F. H. LEWIS conducted the Prosecution.
ROBERT BROWN . I am a carver and gilder, in the employment of Mr. Ponzini—it is my business to fasten up the house 21, Greville-street, Hattongarden—on Wednesday, 30th July, I shut the shutters, put the bar across, and fastened it with a key, which I took to Mr. Ponzini's shop—I closed the door at 8 o'clock in the evening—the articles mentioned in the indictment were then safe—I missed them at 8 o'clock next morning.
JOHN TURNER (Policeman, G 157). On 31st July, about 4 o'clock in the morning, I was on duty in Charles-street, Hatton-garden, and saw Edward Williams walking down Greville-street towards me—he stopped opposite No. 21, stepped off the kerb, looked up at the windows, and then walked to the end of Greville-street and looked up and down Leather-lane—he afterwards returned to 21, Greville-street, and was in a stooping position for a few minutes in the doorway, as if looking in at the key-hole—he afterwards rose up, saw me coming towards him, and crossed over to a court almost directly
opposite—he looked round the corner, saw me coming, went into Brooks-market, and I lost sight of him—I returned to 21, Greville-street, and found the door quite safe—I left my beat half an hour afterwards, at 5 o'clock.
Cross-examined by MR. BESLEY. Q. Where were you standing? A. In Charles-street—that may be 100 yards from 21, Greville-street—it was a fine morning, and quite light—the lamp-lighter was putting out the lamps, and I pointed him out to him, and said that there was something amiss—I have left the beat, and have not seen him since—the man was dressed the same as he is now, and had a black hat—I have never said that it was Francis Edwards.
REUBEN PORTER . I work for Mr. Ponzini, a looking-glass manufacturer, in Hatton-garden—on Thursday, 31st July, I turned the corner of Greville-street at nearly 6 o'clock in the morning, and saw two men with a looking-glass on their shoulders—there was a barrow at the door of Mr. Ponzini's warehouse, and as it came to me I saw two screens in it—one man pushed it, and one walked by the side—I could not see the face of the one who was wheeling it, because his head was bent down, but by his dress I believe it was Vivash—Clark shut the door of No. 21, and went off to the barrow—I went across the street, and found the warehouse door wide open—it is in the passage within the street door—I told Greenwood to follow the barrow and not leave it—I saw five men, but cannot say who the others were, as I only saw their backs.
Cross-examined by MR. COLLINS. Q. In your opinion, the man who came out of the warehouse was Clark? A. Yes, I saw his side-face, but his hat was over his eyes and his head bent down.
Cross-examined by MR. COOPER. Q. Were the screens so large that anybody could see them? A. Yes, anybody that knew what they were—Vivash was dressed as a costermonger—I do not know that he is one—it is a very common dress for men who sell nuts and oranges in the street.
Francis Williams. Q. Did you see me? A. The two men I saw taking the glass away would compare with you—one of you had a brown felt hat—I cannot say that you were there.
DAVID GREENWOOD . I am in the service of Mr. Ponzini—on the morning of 31st July I was standing at the corner of Charles-street, and saw the goods being removed from the warehouse by Clark, Edward Williams, and Vivash—I saw the last witness there—Vivash passed me—I saw two other men there, but will not swear to Francis Williams or Bailey—I followed Vivash and the barrow to the back of the House of Correction and saw four of the prisoners there, but cannot swear whether Edward Williams was one of them—they were removing the goods from the barrow to put the glass on—I passed them, and stopped at the top of the street—going up through Gray-inn-road, Vivash was with the barrow, Edward Williams was on one side, and one of the others on the other side—I saw four, but cannot swear whether Francis Williams was one of them or not—the man was about his height, and he had on a billy-cock hat, but I did not see his face—I had a policeman with me, who took Vivash into custody.
Cross-examined by MR. COLLIER Q. What time was it when you first saw them? A. A quarter to 6—they were then from 100 to 200 yards from me—it is a well-frequented street, but there were very few people about—our warehouse opens at 8—it was as light as it is now—Williams had hold of the glass when he came out of the warehouse, and I saw them put it in the barrow—the whole four did not go up to the House of Correction; two went up Brook-street, and the others went down Hatton-garden—I followed Clark the other man, and they went into a public-house.
Cross-examined by MR. BESLEY. Q. Are you speaking of Edward Williams? A. Yes—I lost sight of Vivash and Clark, and at the corner of Gray's-inn road I lost sight of Vivash and Edward Williams—I saw Clark and Williams at a quarter to 6—Williams went with the goods, and four men to whom I cannot speak—I did not follow them then—I saw them again at the back of the House of Correction at eight or ten minutes past 6—I stood at the corner of the street and let them pass me, and Williams was as near to me as I am to his Lordship—he stayed there when the others went away, and I also saw him in Gray's-inn-lane—that was before I went to my master—I stood still when he was close against me, and then went after the goods and the three men, leaving Edward Williams behind—I followed the goods and the three men the whole distance from the House of Correction to Gray's-inn-road—Williams got back to the barrow before me—I had not seen him between those times—Vivash was at the barrow with the goods, Williams was on the causeway, and the other two men were walking on the right-hand side—he then went away with Vivash—I am sure I saw Edward Williams carrying a glass from the warehouse with the other man—I just arrived at the time he was putting it on his shoulder into the barrow—Vivash was in charge of the barrow then—all the goods were put in the barrow, except two hampers, and Clark and the fourth man carried them up to the bridge.
Cross-examined by MR. COOPER. Q. You seem to speak positively to Vivash, had you ever seen him before? A. Never.
Frederick Williams. Q. Who was the fourth man? A. I will not swear positively whether it was you, but it was a person of your make and size.
MR. LEWIS. Q. Did you point out the fourth man to Andrea Vacani? A. Yes, when I returned from my master's—it was after I left them the first time and returned to my master's, and came back again.
Francis Williams. Q. Are you sure of me? A. Yes, I saw you plainly; you had another coat on, and a billy-cock hat—I did not tell the policeman at the station that I did not know you.
Cross-examined by MR. BESLEY. Q. What had Edward Williams on his head? A. One of those tall hats.
SARAH NASH . I am nine and a half years old, and live with my father—Bailey occupies the kitchen—on the Thursday before I was before the Magistrate, between 7 and 8 in the morning, a large glass was brought to the house by two men, and put at the top of the kitchen stairs—I cannot say who they were—I saw it in the same place for two or three days.
Bailey. That is perfectly correct.
SUSANNAH SMITH . I live in the same house as the last witness—I recollect the looking-glass being at the top of the kitchen stairs—it remained till last Saturday fortnight—I do not know who took it away, but I think it was Edward Williams—I had never seen him before.
WILLIAM CRESBULL . I am foreman to Mr. Blackmore, of the Caledonian-road—on 30th July, at 11 in the morning, Bailey brought a clock to pawn—I asked him if it was his own; he said it belonged to his old grandmother—I advanced him 1l. on it—he afterwards brought this other clock (produced), and a chimney-glass—I asked him again if they were his own; he said, "Yes, and if my old woman don't alter, I will bring the house to pawn"—I advanced 1l. on the clock, and 1l. 10s. on the chimney-glass—about
ten minutes afterwards he brought an old-fashioned dressing-glass, on which 1 advanced 10s.—he then asked me if I would take in a large chimney-glass, and a pair of screens—I said, "I will, provided you will allow me to come round to the house to see the property—he said that he was doing the business for two young swells in the neighbourhood, and should get a trifle out of it, and would come round in the morning, and let me know—after he left I did not like the two different stories, and found on inquiry that he had given me a false address.
Bailey. Q. Did not I tell you I lived at the corner of Storey-street? A. Yes; I sent and inquired, and found that you lived at 17, Bennington-street.
Bailey. I live there, but I only lodge in Bennington-street.
RICHARD TAWELL (Policeman, A 425). I know Edward and Francis Williams and Vivash—I have frequently seen them together at the Perseverance beershop in Turnmill-street, Clerkenwell—I saw them there, I may say, a week before 30th July—Vivash is a hard-working man.
Cross-examined by MR. BESLEY. Q. On Saturday, 1st August, was Edward Williams in the House of Detention? A. He was.
COURT. Q. At what time? A. He was taken on Saturday at about 7 o'clock—I was called up about half-past 6, and about 8 o'clock I was sent for to say that the prisoners were in custody—he was remanded at half-past 11, and would be sent to the House of Detention in the afternoon.
Cross-examined by MR. COOPER. Q. Have you known Vivash many years? A. Yes; getting his living as a costermonger—I never knew him in custody—he has lived near the Perseverance many years.
JAMES BUXTON (Policeman, G 184). On 30th July, about 8 o'clock in the morning, Greenwood gave Vivash into my custody—I told him the charge—he said that he took the things from Greville-street to Caledonian-road, but was not aware that they were stolen, and that Clark and Williams were not the two men who employed him to take them there.
Cross-examined by MR. COOPER. Q. How long have you known Vivash? A. About thirteen years—I know nothing against his character.
Francis Williams. Q. Where was I when I was pointed out to you? A. In Copenhagen-street with three men—I saw your face plain enough, and am as certain you are the person as if I had apprehended you at the time, and had been in your company ever since—Greenwood pointed you out.
ROBERT GOULD (Policeman, N 40). I took Bailey from information I received from Mr. Blackmore's foreman, who identified him—I told him I should take him for receiving property stolen from M. Ponzini's, which he had pledged—I took him to the station, and fetched a clock from the pawnbroker's—Bailey said that some man brought it to him in the middle of the day on Thursday, and asked him to pledge it, and he should know him again, and that the same man fetched away the things which the pawnbroker would not take; that he did not know the man's name, but he was a Frenchman—I searched Bailey's room, and found the stock of a centre-bit and a chisel.
Bailey. Q. I said that a foreigner had employed me to do it? A. No, you said a foreigner fetched them away—you were taken on August 6th—the Friday week after the occurrence.
WILLIAM ROWLAND (City-policeman, 247). I took Francis Williams, and told him the charge—he said that he knew nothing about it—I took him to the station, and put him in the dock, having first seen that there was nothing there—after he left it, this skeleton-key (produced) was found there—I showed it to him, and he said that he knew nothing about it—I took it to Mr. Ponzini's warehouse, and found it opened the door—I found on Francis Williams three door-keys, and one latch-key, a knife, and a box of lucifers.
Francis Williams. Q. Who saw the key first? A. The other officer—he is not bound over—I did not see him pick it up—I am sure it was not there before you were placed there.
MR. LEWIS. Q. What was said about it in the prisoner's presence by the other officer? A. That he found it at the place where the prisoner stood—he was examined at the police-court—no other prisoner, I believe, had been placed in the dock in the mean time—none of the other prisoners were there that day—the house is in the parish of St. Andrew, Holborn.
Francis Williams's Defence. Nobody saw me in that street on the morning of the robbery, only in the Caledonian-road; there are many men who correspond with me in size. The key was not found in my pocket, and there was somebody there before me. That key would fit 200 locks.
Bailey's Defence. I have worked for Mr. Ellis, of Pembroke-yard, on and off, for nine years. There are some workshops to let there belonging to Mr. Cox, and on Wednesday a foreigner came to look at them. I showed them to him; he said that he was in some little difficulty, and wanted to place some furniture somewhere, and that there was not a cartload. I told him he was welcome to put it in my kitchen, and he did so. He said that he was in business, and was about going through the Insolvency Court. He afterwards asked me to pledge the articles, and gave me 7s. He gave his address, Harwood-street, Camden Town. I sent my daughter there, but she could not find it. There was a fifth man, a Frenchman, in it, with a good deal of hair. I have been in business there nine years, and should not have pledged the property in my name and neighbourhood if I knew it had been stolen. I never saw these men before.
Clark and Bailey were further charged with having been before convicted, to which they
PLEADED GUILTY.—CLARK **— Ten Years' Penal Servitude.
EDWARD WILLIAMS†— Six Years' Penal Servitude.
VIVASH— Confined Four Months.
FRANCIS WILLIAMS†— Confined Eighteen Months.
BAILEY.*— Six Years' Penal Servitude. The police stated that Clark was the most desperate burglar in London.
MR. BESLEY conducted the Prosecution.
ALFRED BLAND . I am a clerk in a stockbroker's office, and live at Highbury—on 1st August I was coming over London-bridge about a quarter past 3 o'clock—I stopped at the middle of the bridge for about half a minute to see a boat-race, and found my chain hanging loose—a woman told me something, in consequence of which I took Chambers about half-a-dozen yards off, and told him he had got my watch—he said that he had not, and pointed
to somebody else—he took a few steps backwards, and endeavoured to pass it to Smith—I saw it distinctly in his hand, and he dropped it—Smith was turning towards him—I picked it up, and handed it to a policeman.
Cross-examined by MR. COOPER. Q. Was there a crowd? A. Yes; eight or ten people, but his was the only hand put forward—the other people's backs were turned to me.
Cross-examined by MR. TAYLOR. Q. Were there not several hands held out? A. No; I cannot positively say who was to receive it—I seized Chambers's wrist, and the watch dropped.
MR. BESLEY. Q. Were the majority of the people looking over the bridge? A. Yes—I did not lose sight of either of the prisoners—there were two or three others within reach of Chambers besides Smith when he handed the watch.
THOMAS WHITING . I am a clerk in the service of the Peninsula and Oriental Steam-Packet Company—I was on London-bridge, and saw the prisoners—Chambers walked away, rapidly pursued by the prosecutor, who came up, and accused him of having his watch—he took a few steps towards Smith, who was with two other men, and I saw the watch fall from Chambers's right hand—I believe Smith put his hand out, but more than one hand was put out—I cannot swear that one was his—he was quite as close to Chambers as the others—I saw them taken.
Cross-examined by MR. COOPER. Q. I suppose there were a good many people near and around you? A. Not till after I detained Chambers—I am sure Chambers was not trying to get the watch to hand it to the prosecutor; he had it already in his possession—I pursued him at once—he had no chance of getting it from any one else.
THOMAS HOOPER (City policeman, 502). On Saturday, 1st August, I was on duty on London Bridge, and saw the prisoners together, conversing and loitering about—I saw them go into the crowd about a minute before—the prosecutor handed me the watch—I took Chambers; Smith was then standing about a foot from him.
Cross-examined by MR. COOPER. Q. Have you always said that? A. Yes; my statement before the Magistrate was read over to me before I signed it.
ABRAHAM MAUNDELL (City police-sergeant). I saw a crowd surrounding the prisoners—the watch had then been picked up—I took Smith in the prosecutor's presence. THE COURT considered that there was not sufficient evidence against
SMITH— NOT GUILTY .
CHAMBERS— GUILTY —He was further charged with having been before convicted; to which he
PLEADED GUILTY. **†— Confined Eighteen Months.
MR. ORRIDGE conducted the Prosecution.
GEORGE TILLEY (City-policeman, 643). On 10th August, about 4 o'clock in the afternoon, I saw the prisoners in Gracechurch-street, following several gentleman—Elsley made several attempts at picking coat pockets—I followed him about half an hour, and saw him take this handkerchief (produced) from a gentleman on the Royal Exchange, pass it to Smith, and walk into Lombard-street, where I took him—Smith, who was close beside him, covering him, walked away, but I took him, and took two handkerchiefs from him—I told them the charge—they denied it—I lost sight of the gentleman—I found a duplicate on Smith of some handkerchiefs pledged the same day in Whitechapel-road, for 4s.
The prisoners' statements before the Magistrate:—Smith says, "That handkerchief is one of half a dozen I bought at Ostend;" Elsley says, "I beg your pardon; I wish you would not do it."
Smith's Defence. I do not know Elsley; I bought the handkerchief at Ostend, of the captain of the vessel, who could prove it, but he is not in England.
ELSLEY GUILTY .**— Six Years' Penal Servitude.
SMITH— GUILTY .†— Confined Eighteen Months.
JAMES TOOMEY . I am a boiler-maker, of Catherine-wheel-alley, Bishopsgate-street—on Sunday night, 14th June, I had been to a funeral, and was coming home after 12 o'clock—I had been drinking—I was with my wife at the top of Catherine-wheel-alley, and the prisoner rushed out and said, "I have got you now; you have lived quite long enough"—I recollect nothing more, but next day found myself with my jaw broken, in the hospital, where I remained five weeks—some of the bones are stuck in the place now.
Cross-examined by MR. KEMP. Q. Were you in Whitechapel on Monday? A. Yes; I had no row there—I was not able to walk—my son-in-law and my daughter had some words, but no blows were given—I was not mixed up with it, nor did I get these injuries then; no one touched me—I was not intoxicated also on the Monday—I drank nothing but water—I was very much intoxicated on the Sunday night—I used no foul language to the prisoner—I did not know that he was in the world till he ran out and laid hold of me—I never spoke to him in my life till he had a row with my daughter eighteen months ago, when he came and beat my wife, and broke my door in, and I had him locked up, but through his mother my wife did not go against him—I never had another row with him or his family, but his brother told me that I had locked his brother up, and he would pay me for it.
MARY TOOMEY . I am the wife of the last witness—we were at a funeral, and were coming home at half-past 12 on Sunday, 15th June—I saw the prisoner near Catherine-wheel-alley with his back to the wall—he ran at my husband, and gave him two or three severe blows, knocked him down, and gave him two or three severe kicks—he then took a piece of iron out of his breast, and said, "I will jaw-lock you," using fearful expressions—he rammed it into my husband's mouth, and then jumped on him—I chucked myself down, and said, "Do not kill the father of my children;" and he said, "If you holloa, or make the least alarm, I will do the same to you"—my girl heard me scream, she came out and said, "Do not kill my father"—she ran for the police, and he chucked the piece of iron on the door-step, and ran away—we picked it up, and picked up the father, but were afraid to take him to the hospital that night for fear the prisoner should come again.
Cross-examined. Q. Did he go to his business next day? A. No; he never left the house, except to go to the hospital—he is a boiler-maker—he stayed in bed till half-past 9 with his mouth all swelled, and I sent for a doctor who sent him to the hospital—my son-in-law took him there about 1 o'clock—my son-in-law was quite sober—the hospital is a mile off—I did not see the prisoner till he struck my husband—my husband was very much intoxicated, but I was quite sober, but I had taken a little.
my father lying on the stones—the prisoner kicked him three times on the head and face—I hallooed for the police, and he ran down the court and chucked the piece of iron on a door-step—I helped my mother to lift my father—he was bleeding at the side of his face.
FREDERICK CARTER . I am house-surgeon at the London Hospital—on 15th June the prosecutor was brought there—his jaw was broken in two places, and he was bruised about the face and chest—the injuries were serious, and must have been done by great violence—this piece of iron used in a certain way would do it, and kicks would produce the bruises on the body—he remained in the hospital nearly five weeks—his life was in danger, but he is now discharged.
Cross-examined. Q. Might the injuries be caused by a fall? A. Not by a single fall, they were too extensive—it is impossible to say whether they were all made by the same means—I do not think a blow from this iron would be likely to break a man's jaw.
MR. COLLINS. Q. Might that piece of iron put into the month, and turned round, break the jaw? A. It might, but I do not think it did—I think it was done by a kick.
GUILTY .— Four Years' Penal Servitude.
MR. TAYLOR conducted the Prosecution.
BERNARD GRANT . I live at 9, Queen's-terrace, Manchester-road, Isle of Dogs—on Friday night, between 11 and 12 o'clock, I was called to the house in Manchester-terrace where the prisoner and his brother lodged, and found the prosecutor in bed with his throat cut on the left side—it was merely a small incised wound; no large vessels were cut, and there was very little hæmorrhage—it was in such a position that he could have done it himself The prosecutor being called did not appear.
NOT GUILTY .
MR. GENT conducted the Prosecution.
MARTHA ADAMS . I am the wife of Thomas Adams, of Uxbridge—on 7th June the prisoner took my upstairs room furnished—there were three beds in the room with sheets on them—her husband, as she called him, was there—after they had been there nearly three weeks, I asked her where my sheets were, as I wanted to wash them—she said that she had taken them to be washed—I said, "I do not allow my things to go out of the house, and I desire you to fetch them as soon as you can"—she went out, and I did not see her again—I afterwards missed a shawl from a box in my room, and a counterpane off the bed, which were safe when she came—these are the articles (produced)—I know them by the marks—my husband gave information.
Prisoner. I pawned them, and you authorized me to do so, and received 2s. of the money. Witness. I did not.
JAMES WESTON . I am assistant to Mr. Roberts, a pawnbroker, of Uxbridge—on 18th June the prisoner pawned a sheet; on the 22d, two sheets and a counterpane, and on 3d July a shawl, in the name of Winchester, of Jerrard's-cross, which is four miles off.
Prisoner's Defence. Mrs. Adams authorized me to pawn them; I offered to get them back, but had not money enough.
GUILTY .**— Confined Six Months.
MR. DALEY conducted the Prosecution.
DAVID YOUNG . I am a tin-smith—I have no home—on 10th July I was under the piazza in Covent-garden—the prisoner was there, and I tapped him on the shoulder for a bit of a lark; he had been larking with me before—he kicked me, and I then struck him a blow in earnest—he ran to a coffee-stall, and then cut me right across the face to the bone—I put my cap to it, and my cap was full of blood before I got to Charing-cross—I was taken to the hospital, and my eye was dressed.
Prisoner. I never used any threat; it was another young man. Witness. There was nobody else present.
WILLIAM TRAVERS . I am assistant surgeon at Charing-cross Hospital—Young was brought there with a wound beneath the left eye, two inches and a half long, slanting down to the bone—this knife (produced) would make such a wound—it was dressed, and he left the hospital.
The prisoner's statement before the Magistrate:—"I have nothing further to say, but I did not tell the constable I would kill the b—yet."
Prisoner's Defence. I am innocent of the threat; that policeman did not take me at all; I was apprehended by another policeman, and handed over to him; he never mentioned the threat until after the first remand.
GUILTY of unlawfully wounding †— Confined Twelve Months.
MR. KEMP conducted the Prosecution.
SIMON JACOBS . I am an outfitter, of 77, St. George's-street—on Saturday, 25th July, about 12 o'clock, I was at the Blue Anchor public house—the prisoner was there; she was a stranger to me—she stabbed me in the chest without making any remark—I had no altercation with her, but I had with some one else—I do not know whether it was a friend of here—they asked me to give them something to drink, which I did—I trod on a female's dress in front of the bar, and said, "I beg your pardon"—she caught hold of me in a very improper manner, and I threw a little liquor over her out of a glass—the prisoner then stabbed me through a thick coat and shirt.
FANNY CATCHPOLE . I was outside the door of the Blue Anchor, and saw the prisoner with a knife in her hand; she struck Mr. Jacobs with it, saying, "Take that!"—I was very near her, and called to Mr. Payne to take the knife from her.
Prisoner. I did not do it. You have an old grievance against me, and always said you would have your revenge. Witness. Never.
JOHN WILLIAMS . I live at 15, Back Church-lane, St. George's, and know Mr. Jacobs—I was with him in front of the bar, and when we came outside the door I saw the prisoner strike him on the breast, but do not know what with—I pulled him away, and saw that he was stabbed right through the lappelle of his coat—I found the prisoner fighting with the last witness.
FREDERICK CARTER . I am house-surgeon at the London Hospital—I examined Mr. Jacobs, and found a wound in his chest; it had gone through the thick coat, but had only penetrated the flesh—it was made by a sharp instrument.
Prisoner's Defence. I went to the Blue Anchor, and saw a man there who had stopped with me three nights and robbed me of 5s.; I asked him what he robbed me for, and he threw me against Mr. Jacobs, who gave me a black eye, and I struck him. Ten minutes afterwards, he took me to the station and charged me with stabbing him. I never stabbed him.
Prisoner. I had for a fortnight, and the officer at Clerkenwell can prove it.
GUILTY of unlawfully wounding. .— Confined Six Months
THIRD COURT.—Thursday, August 20th, 1863.
Before Mr. Common Serjeant.
1037. CHRISTOPHER HOMAN (36) , Stealing 1 telescope, 1 metal box, 3 frames of glass, 4 magnifying glasses, and other articles, the property of John Browning, his master. MR. ORRIDGE conducted the Prosecution.
JOHN BROWNING . I am a manufacturing optician, at 111, Minories—I have known the prisoner nearly twenty years—he was in my father's employment—he left about seven years since, and he has been employed by me this last time about two years—I employ between thirty and forty men—the prisoner was general foreman—about twelve men worked in the same room with him making telescopes, quadrants, sextants, and spectroscopes at times, and compasses—I am not a microscope maker—I have never given the prisoner directions to make microscopes of any kind—he would receive orders from me or Mr. Blakley, and he would have no authority to do other work, except what we ordered—from information I received, on Tuesday evening, 4th August, I examined his drawers—he had a nest of drawers, all of which opened with one key, and one drawer without a key, and two or three other drawers to which he had access, and which he used I believe—I first opened the drawer of which he had the key, by forcing the bolts down, and found this body of a microscope (produced)—there is an eyepiece in it which belongs to me, and which belonged to a telescope, and has been adapted to the microscope—I searched the bench adjoining the prisoner's and found a number of castings for two jiggers; I might say, the complete castings (produced)—the jiggers are used principally for making small glasses—I have never seen them used, and they have never been used in my business, to my knowledge—I have never given the prisoner orders to prepare jiggers for me—I never ordered these castings of any one—I also found this drawing under the bench adjoining the prisoner's, which is the bench of a workman named Owen—this shows how the jigger is used; it is a small lathe, not a jigger, correctly speaking—I also found, close by, these two drawings for microscopes (produced), and in a drawer which was unlocked I found these rough castings for microscopes—they were then not turned—a man named Bindley, I believe, turned them, the following morning—
I replaced everything, and on the next morning gave information to the police—I went up with the officer Gaylor, and brought all these things out and placed them before the prisoner and the whole of the workmen—I said to the detective, "This is Christopher Homan, whom I charge with stealing this property"—he made no answer directly; but shortly afterwards he got up and said, "It is all right; this is your property; I made it for you. How have I stolen it?"—I then said to Owen, "Who told you to make these things up?" referring to the jiggers and portions of the castings—he said, "Mr. Homan, of course"—Homan then said, "I had them made to make small glasses for you; I thought you might make up some microscopes, and then they might be useful"—I said, "If that is the case, how came there to be two jiggers made? it would not require two"—he then came forward and said to Owen, "Now be frank, Owen; did not you say to me that one would be very useful to you for your work?" and Owen, in a very hesitating manner, said after a short time, "Well, yes, I did say it would be handy"—I said, "Even if you had made these jiggers for your work and Owen's, how do you explain making up microscopes?" and he again repeated something to the effect that he thought I might make up some object powers, and then the body of the microscope might be handy to try them in—he was then taken to the station by Gaylor—I saw him searched there, and these four small lenses (produced) found on him wrapped up separately in paper and then inclosed in one parcel—they are mine—they are eye-pieces of an astronomical telescope—he said they were my property—I did not hear him say how they came in his pocket—I went with the officer to the address the prisoner gave, and found a spectroscope, telescope, a pocket compass-box, and a set of ground frames for a quadrant, with coloured glass—I can swear to this telescope as my property, and I am sure the other things are mine—he had no authority to take them away from my place—I never gave him permission to remove them—some of the workmen were paid by the day, and some by piece-work—this work would all be called piece-work—there is an account of the work which each man does; the prisoner gave that account to Mr. Blakley, who paid the wages.
Cross-examined by MR. METCALFE. Q. Just tell me, as near as you can, how long the prisoner was with your father? A. I believe between ten and fifteen years—the seven years he was away he was with Ross, the optician—I do not see Mr. Ross here—Mr. Ross stands very high in the trade, and deservedly high—the prisoner is very skilful as a workman indeed—I had conversations with him on several occasions about making microscopes before this; but whenever he proposed to me to make them, which he did several times, I refused to give him permission—he said it would be a useful branch of trade—there are constant improvements in that branch of science every day—I don't know that the jiggers are used very generally—the workmen would perhaps work better with them for some glasses—you can make high powers of spectroscope-glasses without them—we have done so constantly—I do not know that some of my men have complained of the want of jiggers in the trade—I swear I have not heard the prisoner complain that he has not had them to use—I found the drawings underneath Owen's bench, rolled up and tucked away amongst lumber on a shelf—I have a brother Harry, who worked in my factory for his amusement—he is an amateur—he does nothing unless he likes—I never asked the prisoner or anybody else to borrow a jigger from him or anybody else—these are portions of two microscopes; these are two arms of two separate
microscopes—two arms could not be used in one microscope—I never saw it—I don't see any other duplicate except that—we found the things at the prisoner's house in a set of drawers, not all together in one drawer—I did not observe any children's books or slates in the same drawer—these glasses are all different colours—that is not a magnifying glass on that compass, it is plain glass to protect the card—there were no flies in it when we found it; there were eight or ten half-crowns in it, I should think—I never saw one of these used by children to put flies in; it would be rather an expensive style of fly-box—the prisoner's wife, was there—she said the things belonged to the little boy, but not until after some considerable time.
CHARLES JOHN BLAKLEY . I am manager to Mr. Browning—the prisoner took orders for work from myself and Mr. Browning—I have seen these things which were found in the drawers—I did not give the prisoner any orders for the preparation of those things in any way whatever, or for any of the drawings—I pay the workmen their wages—I estimate roughly the material and work upon these jiggers to be worth about 2l.—we have a man named Frogley in the employment—I paid him his wages on 1st August for the week—Mr. Batchelor is a brassfounder, whom we employ—it is part of the prisoner's duty to take castings from Batchelor, to see that the weight is correct, and to bring the bill to me—the last time he brought any castings from Batchelor was on Tuesday, 4th August; 32 lbs. weight—he did not say whether those castings were for himself or not—this is the bill (produced) that he brought me on that day—(Read: "4th August, Messrs. Spencer and Browning, from C. A. Batchelor, 32 lbs. brass castings").
Cross-examined. Q. Mr. Batchelor is regularly employed by your firm, is he not? A. Yes.
ISAAC FROGLEY . I live at 6, Margaret-street, Commercial-road, and am in Mr. Browning's employ—on Friday, 31st July, I made a pattern for the upright of a microscope, by Mr. Homan's direction—this is the pattern, and these are the castings from it—on Saturday, 1st August, I made an arm and axis-piece by his direction—the castings are there—I think I saw them on the Tuesday after I had made the pattern—Mr. Homan showed them to me—he said, "Here they are, there is no occasion to let any one see them"—after he was taken I found another casting of an arm in the same drawer as the others were in, which I handed over to Huggins, a witness—the prisoner said to me that he believed if he could make achromatic powers that Mr. Browning would make microscopes, would go into that business—he did not say anything about a microscope for me or himself—I have one which I made myself.
Cross-examined. Q. When he told you about the castings, did not he tell you to make them roughly for a specimen? A. Yes; that was in reference to the turning of them—he said they were not to be highly finished—I made the things at my ordinary bench.
HENRY BINDLEY . I am in Mr. Browning's employ—on Tuesday evening, 4th August, I had these two uprights and these arm-pieces to turn—I turned them on Wednesday morning; whilst I was so doing Mr. Homan came up and said I was to make haste, and not let Mr. Browning see them—I went on and finished them, and gave them to Mr. Homan—while I was at work on them, Mr. Huggins, the under foreman downstairs, passed, and I covered them up—I did that because Mr. Homan told me.
Cross-examined. Q. What was the time spent upon turning those? A. Two hours, at 3d. an hour.
jiggers and the models for them by Mr. Homan's direction—I made them in Mr. Browning's time—I also worked on this pattern, not on the metal, by the prisoner's direction, in Mr. Browning's time—he told me there was no occasion to let Mr. Browning see them till they were done—when Mr. Browning came by, I put them under the board, so that he did not see them.
Cross-examined. Q. Were you present when the policeman came? A. Yes; I had asked Mr. Homan for a jigger several times—I had always been accustomed to use it—I had worked before at Mr. Barrow's, in the Haymarket—he is a skilful optician—I used them there—he was never without them—I have several times complained to the prisoner that I wanted a jigger, and he gave me to understand I was to make one for myself, and one for him when he required it—we had arranged the places where they were to be fixed as soon as they were finished—I asked him if some gas-piping might be moved to make way for them—he said he did not think Mr. Browning would allow it—I had not the slightest doubt but that they were made for Mr. Browning, otherwise I would not have done it.
MR. ORRIDGE. Q. Have you done any other work for Mr. Homan which you were not to show? A. No; I thought if Mr. Browning saw them he would not allow them to be finished—I thought that was Mr. Homan's idea, and therefore I was not to show them.
Cross-examined. Q. Did the prisoner come to you and tell you to make them? A. He brought one pattern of the two, and told me to cast them—I made this axis piece—I did not make a duplicate of that—there is a duplicate of the arm—I do not know the properties of a microscope at all—the prisoner gave the orders in the usual way, and I sent them in the ordinary way—there was no secresy about it—if the prisoner had brought me these pieces of metal, and asked me to do them for his own private use, I would have done them.
MR. ORRIDGE. Q. I suppose the value is in the tracing and the pattern?
A. Yes; the intrinsic value of the metal is about 9d.
CORNELIUS HUGGINS . I am under foreman to Mr. Browning—the prisoner was foreman—I recognise these things which have been produced—they are Mr. Browning's—I saw these portions of a microscope, about half-past 8 on the Tuesday morning, in the workshop—I do not know of any microscope work being done.
Cross-examined. Q. Were there several telescopes like that made into spectroscopes? A. Yes; some were too short—this was too short—the focus was too short for the spectroscope—one dozen sets were made—some were used up for other instruments, and others were found to be useless—this one is useless for a spectroscope—I could apply it to another instrument by attaching a new piece to it, but taken as it is, it is useless.
MR. ORRIDGE. Q. You don't mean to say that it is utterly useless and worthless? A. No; it is useless for the instrument for which it is made, but it could be made useful by altering one part or the other part—it is only part of an instrument, and could be applied to another.
MR. METCALFE. Q. What is the value of that compass-box? A. About 18d.—the prisoner's son was working in the establishment—he is about 13, I should think.
Browning's on the 5th—I searched him at the station, and found these four small glasses on him—he said they were Mr. Browning's—at his house I found this compass-box, these three glasses, and this telescope, and some other things not owned by Mr. Browning—I showed the things to him when I went back, and asked him how he accounted for the possession of them—he said he bought them of a person named Burton, who was lately dead—the next morning, going to the Mansion House, he wished to see his master, and said, "I told you last night that I bought those things of Mr. Burton; they are Mr. Browning's; I sold them to my boy, and my boy took them home to the children to see the coloured glass.
Cross-examined. Q. Did not he say his children had used the box to put flies in? A. He made no remark about the box—I knew that his boy worked at Mr. Browning's—I found these four glasses at his house, which are not Mr. Browning's, and several other things—I showed him all the things together, and then he said he bought them of Mr. Burton—the things were in some drawers with some clothes—I think there were some children's books and things in the drawer where this telescope was—I believe he has eight children: there were a lot of them there—he assisted to take the things out himself while we were searching him—I cannot say whether he or I took these four small glasses out—he said at the Mansion House that he was taken from his work, and instead of putting them on the bench he put them in his pocket.
MR. METCALFE to J. BROWNING. Q. Was the prisoner at work on those little glasses when you called him down? A. Not to my knowledge—he had a telescope to work on where he would have to use those glasses—he was not called down—we went up to him, and he was sitting on a box resting himself—I had not been at the place before that morning.
MR. ORRIDGE. Q. How much a week had he? A. 1l. 18s., but previous to that he had 2l. 5s.
The prisoner received an excellent character.
NOT GUILTY .
1038. JOHN COX (27), and HYAM REES (35) , Stealing 105 lbs. weight of Indian rubber, the property of Joseph Hornby Baxendale and another, the masters of Cox. Second Count, charging Rees with feloniously receiving the same.
COX PLEADED GUILTY .— Confined Fifteen Months.
MR. METCALFE conducted the Prosecution.
GEORGE SOPER . I live at 14, Brook by-walk, Homerton, and am foreman to Mr. Wilkins—I delivered to the prisoner Cox 26 cases of rubber on 10th July—he was at the time in charge of one of Pickford's vans—all the cases were secure when I delivered them, and he gave me a receipt for them.
FREDERICK HARTLEY . I live at 10, Tower-street, City-road, and am in the service of Pickford & Co.—Cox's van was brought in after he was taken in charge—two out of the twenty-six cases of rubber had apparently been broken open, and some of the contents taken out—the cases were there.
EDWIN MIMS . I accompanied Cox, and drove the van round Trinity-square—I saw him take some Indian rubber from between the cases, put it in a sack, and throw it into a cart—it bounced out of the cart on to the ground—the sack was nearly full—I was driving—that was not my proper place—Cox is the driver, and I look after the horses—he told me to drive—Rees was in the cart that the Indian rubber bounced into—the cart was waiting in Trinity-square—I drove round the square twice by Cox's direction, and when we came round the second time, the cart was waiting there—the van had a high seat to it—I was on the seat—the van was uncovered.
Cross-examined by MR. BESLEY. Q. How long have you been working with Cox? A. About twelve months—our jackets were both lying in the van—he took the rubber from under them between the cases—I heard him knocking and whistling—I asked him what he was doing, and he said, "No harm "—he left me with the van under a tree before I drove round the first time—I did not notice where he went—he went away in his shirt-sleeves, and told me to stop there—I never saw Rees before that day.
ROBERT JOHN MAJOR . I am an Inspector of the Thames Police—I was with Inspector Clarke between 3 and 4 o'clock on 10th July, on Tower hill, Trinity-square—I saw Pickford's van, and the prisoner driving it—he stooped several times and put something into a sack—I watched the van through George-street on to Tower-hill—when he got there he tied the mouth of the sack up, got out of the van, and went to the prisoner Rees's cart, which was standing at the bottom of the hill near the Tower gates—I afterwards saw Cox get into his van, which moved towards the Trinity House—Rees, in his cart, went the contrary direction—they met opposite the Trinity House, and Cox threw the sack off the cases into Rees's cart, it bounced out again into the road, and Cox got out of the van and put it into the cart—the van went on, Cox went in a different direction, and Rees was coming towards the city with his cart when I stopped him—the cart was standing on Tower-hill, about 200 yards from Trinity-square—Tower-hill is very much frequented—Trinity-square is much quieter—I left Rees in charge of Inspector Clarke, and afterwards took Cox to the station—I found one case in the van had been broken open.
Cross-examined. Q. Do men stand with carts for hire about the neighbourhood of Tower-hill? A. Yes, there are a number of carts standing about there for hire—when Cox first spoke to Rees the van was under a tree near the square—I stopped Rees directly the sack was put into the cart, just as he started his horse—I did not hear Rees speak to Cox then, he was away from him—I did not hear him call upon Cox to wait a minute.
THOMAS CLARKE (Thames Police Inspector). I was with Major when this happened—I have heard what he has said—I saw Rees with the sack in his cart—I said to him, "I am an inspector of police, what have you got in this sack?"—he said, "I don't know; I picked it up on the ground"—he said, a few seconds afterwards, "I was engaged by a man to convey the sacks up here, but I do not know where; I never saw the man before in my life"—I then conveyed him to the station with the horse and cart and sack—it contained 105 lbs. of Indian rubber of the same description as that in the cases.
Cross-examined. Q. Did you make any memorandum at the time, of what he said? A. Yes; but I think I have torn it up—I made it about half an hour after I took him—he never mentioned Cox's name—he did not say he was to take it to the Trinity House—I saw nothing of Cox at all after I stopped the cart—I looked about, but saw nothing of him.
MR. METCALFE. Q. This was directly opposite the Trinity House, was it not? A. Yes.
REES received a good character.
GUILTY .— Confined Twelve Months.
MR. DALEY conducted the Prosecution.
MARGARET OAKLEY . I am a single woman, living at 26, Bemberrygardens, Pimlico—I know the prisoner by sight—I first saw her on Thursday, 30th July, on board the steamer Castor, coming from Hamburg to London—I was asking the steward if I could have a berth, and he said I could have the bottom one in the fore cabin—the prisoner was sitting opposite, and she said she had no berth and she had no money to pay so much for one—she said she had paid 15s. and had only one left to go to London, which she showed me—I was very sorry for her, and then she wanted me to say she was my friend, and allow her to sleep with me—I said, no, that was not right, but I would make her comfortable by the side of my berth—I had a purse containing six sovereigns, two half-sovereigns, and 15s. in silver in my bosom, and when I went to bed I put it under my pillow, and fell asleep—the prisoner was then by the side of my berth—about half an hour after I awoke, I missed my purse—I had not left my berth before I missed it—I searched for it, but could not find it—the prisoner was the first person I spoke to about it. and I told her I had lost it, and what was in it, and asked her if she would be kind enough to assist me to look for it, which she did for about a minute, and she then said, "My head is very dizzy, I must go up on deck"—she went, and came down again very ill in about a quarter of an hour—I could not find my purse, and began to be very ill myself—I complained to a gentleman about my loss on the Saturday after—amongst the silver in the purse, there was a shilling which was very much rusted and discoloured, rust-colour—when we arrived in London the prisoner was searched on board the ship—I then looked at the money which was found upon her and recognised the rusted shilling—I was not present when any questions were asked her about it—she remained in the cab in all the voyage.
Cross-examined by MR. SLEIGH. Q. What sort of cab in was this? A. A little cabin; it just held four berths—there is another cabin—there were three other passengers in the other berths—I believe the door of the little cabin was left open for the air—there were a good many people in the large saloon—the boat sailed in the middle of the night, about 2 o'clock—I am quite sure I had two half-sovereigns in the purse—I think I woke about two hours after I went to sleep—the prisoner was in the cabin when I woke, lying on the floor—the other persons were in their berths when I went to sleep and when I awoke—there are no curtains to the berths—they are opposite one another, two on each side—there is a lamp in the cabin, on the wall—the prisoner produced the money herself—there were six sovereigns and three half-sovereigns—I did not count it then—I was shown the money first at the police-court, and it was then that I picked out this rusty shilling—I have picked it out three times—I cannot tell you what reign it is—I am sure it was amongst the money I lost—I said before I saw it that there was one shilling I could tell perfectly—I described it as a rusty shilling.
MR. DALEY. Q. There are five shillings (produced) can you pick it out of those? A. Yes; this is the one—this was in my purse when I last saw it.
GEORGE RICHARD GOOD (Thames-policeman, 13). On 2d August between 4 and 5 o'clock in the morning, I was called on board the Castor—from something the prosecutrix said to me, I went into the fore-cabin and saw the prisoner—I told her she was charged with stealing six sovereigns, two half-sovereigns, and 15s. in silver from a purse belonging to the prosecutrix—she said, "I don't know anything about it"—I said, "Have you got any money about you?"—she first said "No" and afterwards said "Yes"—I asked her to let mo see it; she said that it was nothing to me—I said, "I
am a police-constable and you must let me see what money you have got; if you do not do so, I will have the female searcher to search you"—she then put her hand in her bosom, and pulled out a gold watch and chain, and this purse containing six sovereigns, three half-sovereigns, and 9s. 10d. in silver and 2 1/2 d. in copper—I had previously asked the prosecutrix in the prisoner's presence if there was any portion of the money she could identify—she said there was one shilling tarnished and rusty—she did not identify it at that time, it was not there—the captain afterwards gave me these five shillings—I showed them to the prosecutrix and she identified this one.
Cross-examined. Q. You do not seem to have said anything about this conversation with the prisoner before to day? A. There are some slight mistakes in those depositions which I have pointed out before—my deposition was read over to me and I signed it—I did not tell them then that they had made any mistakes, but I have seen them since—I saw them in the clerk's office—I have been twelve years in the force—I said I found three half-sovereigns—the woman charged her with stealing two—the shilling which the prosecutrix has identified here to-day is not one of those shillings which I took from the prisoner—I received it from the captain.
COURT. Q. How came you to say before the Magistrate that you found that one amongst those found on the prisoner? A. There must have been a misunderstanding—she identified two shillings, one down in the fore-cabin which was amongst the 9s. 10d. in silver—this is the shilling I am speaking of.
COURT to MARGARET OAKLEY. Q. Did you identify more than one shilling? A. Yes; but I was not so sure of that as I was of the other—I believed it was my shilling—I am sure about the one that came from the captain, but not so sure of the other one—I had two peculiar shillings.
MR. DALEY. Q. Are you sure those five there are the five you got from the captain? A. Quite positive.
JOHN SCHADE . I am captain of the screw steamer Castor—the prisoner came over with me as a deck-passenger on 31st July—she took a deckpassage ticket at the office in Hamburgh, which is 15s.—on 1st August, she went down into the second cabin, which is 1l. 5s. and she begged me to let her off a little bit cheaper because she could not afford to pay—the difference would have been 10s.—I agreed to allow her there for 5s. more—she afterwards paid 5s. to the steward, and the steward brought it to me—I afterwards gave the same 5s. to the policeman.
Cross-examined. Q. How many passengers were there in this particular cabin? A. Four ladies—there were only two or three gentlemen in the saloon, I believe—there were many more in the first cabin—there is a hinge door between the saloon and this small cabin—the steward collects the money and brings it to me—I am answerable for it—no one else paid me on this voyage except the prosecutrix, who paid me in German money—I cannot say how much money the steward collected on this voyage—I have a separate purse to put the money in, which I receive from him—I put it in along with the tickets—I put the 5s. of the prisoner's which I received from the steward, into my pocket, because I was on deck at the time—it was in shillings—I had no other money on me—I put it separate in my pocket, and kept it there all the time till I arrived in London—I did not look at the shillings particularly.
MR. DALEY. Q. How do you know they were the five shillings you had from the steward? A. I never changed my clothes or left the deck the whole time—I can swear they are the five shillings he gave me.
Cross-examined. Q. Was the door open between the little cabin and the saloon? A. It was open—I did not see people coming down the companion ladder during the night—I was in bed asleep.
The prisoner received a good character.
GUILTY .— Confined Twelve Months.
OLD COURT.—Friday, August 21st, 1863.
Before Mr. Justice Keating.
MR. SLEIGH conducted the Prosecution, and MR. RIBTON and MR. GRIFFITH the Defence.
In this case MR. RIBTON proposed, with the assent of MR. SLEIGH, that the prisoner should plead guilty to the misdemeanour. MR. JUSTICE KEATING was of opinion that such a course could not be taken—a similar question had arisen before him on a previous occasion; when after consulting with one of the other learned judges, they were both of opinion that it was not competent to a prisoner upon an indictment of this nature to plead guilty to the misdemeanour, evidence must be given to enable the Jury to find a verdict. MR. SLEIGH suggested a course which had been adopted, viz. that the prisoner in the hearing of the Jury should state that he was desirous of pleading guilty to the attempt, upon which statement the verdict might be taken. MR. JUSTICE KEATING considered that such a course would be contrary to all principle: it would be allowing a prisoner to give evidence in the dock, not on oath, and calling upon the Jury to act upon that statement.
The evidence was therefore proceeded with, but was unfit for publication.
NOT GUILTY .
MR. DALEY for the Prosecution offered no evidence on this indictment.
NOT GUILTY .
MR. DALEY conducted the Prosecution.
GUILTY .— Confined Twelve Months.
1043. ANN SULLIVAN (24), was indicted for feloniously killing and slaying Charles White. She was also charged, on the Coroner's inquisition, with the like offence. MR. THOMPSON conducted the Prosecution.
THOMAS CROGAN . I assisted Mr. Charles White, who kept the Nag's Head, Whitechapel-road—he was about 57 years of age—I know nothing of he circumstances of the case, only his going out, and his coming in bleeding and assisting him to the hospital.
—she attempted to pick the pocket of a gentleman, and I went round and turned her out of the place into the street—she scratched my face, and gave me a blow in the face—Mr. White came out, and told me to go in—I did so, leaving him outside.
Prisoner. He quarrelled with me on the Saturday night, because I would not let him have liberties with me, and he owed me a spite in consequence.
Witness. I had no spite against her, or any row with her, only I saw her attempt to pick the pocket.
WILLIAM CHARLES CHANDLER (Policeman, H 117). On the night of 24th June, I was on duty standing outside the Nag's head, about half-past 12 Mr. White came out and entered into conversation with me—while he was conversing with me he put his hand up to his head, and caught hold of the prisoner, saying, "Policeman, she has hit me on the head with something"—the prisoner was standing about four yards from him—I heard something fall heavily upon the pavement—I caught hold of the prisoner and said, "What do you mean by cutting the man's head open?"—I saw there was blood on his hand when he took it down—she replied, "A b—y good job too, I wish I had killed the old b—"—I searched, and found this stone close by, there was some blood upon it—there was no other missile near—Mr. White had not said anything to the prisoner, he did not see her—on her way to the station she said, "I have been in a lunatic asylum mind, recollect that, and I don't know what I am about"—I believe her sister is here to prove that.
Prisoner. Q. Did not you see the man knock me down, and hit me on the elbow, before I chucked the stone at him? A. No; I did not see him touch you.
Prisoner. He did knock me about, or else I should not have chucked the stone at him in my passion.
FREDERICK CARTER . I was house surgeon at the London Hospital—the deceased came there on the morning of 25th June, about 1 o'clock—I found a scalp wound at the back and upper part of the head on the left side—it was such a wound as might have been caused by a stone of this description—I dressed it—there was a great deal of blood—he went away at that time and returned between 9 and 10 in the morning—he was then admitted as an in-patient—he remained till the following day, and then left at his own wish—I saw him again on 13th July, he was then suffering from erysipelas resulting from the wound—he died next day.
The prisoner's statement before the Magistrate:—"I heaved it at him, but did not intend to kill him. He knocked me down first, and called me a common prostitute, which I am not. He called me a common thief, which I could not be, as I had only been out of Colney Hatch a month. I had been there nine months; I came out in May last. That is all I have to say, but that he hit me and kicked me, and then I threw the stone at him.
EDMUND JAMES JONAS (Examined by the Court). I am Governor of Newgate—I have had the prisoner in my custody, and have had opportunities of seeing her daily—I never had reason to think that she was otherwise than in her right mind—I never heard till this moment of her having been at Colney Hatch—I have never seen the slightest symptom of insanity about her all the time she has been in my custody.
went out of the hospital at his own request, and no doubt that had a material effect upon him—if he had stopped in the hospital he would have had a much better prospect of recovery; I think he might have recovered—the wound itself was not a fatal one, but erysipelas intervened—I believe he went about his usual occupations—the erysipelas was the result of the wound.
GUILTY .— Confined Eight Months.
NEW COURT.—Friday, August 21 st 1863.
Before Mr. Recorder.
MR. KEMP conducted the Prosecution.
RICHARD HARRIS . I am a hosiery manufacturer of Leicester, and reside at Knighton-house—on the evening of 5th July, my house was entered by thieves, and some property stolen—this cruet-stand, knives, and mustardpot (produced) are mine, and what I then lost—I saw the cruet-stand the same day, and the knives some few weeks before—they are silver and bear my initials.
PORTER WILLIAM DUNNAWAY (Policeman, H 129). On Tuesday morning, 28th July, about half-past 11 o'clock, I went with another policeman to Lee's house, the Prince of Wales beershop, Old Nichol-street, Bethnal-green—when I got up to the door a woman ran in to Lee's wife and called out "Hedge, hedge!"—I went in to the bar-parlour and saw the prisoners standing at a table by some weights and scales—it is a public parlour, but there was nobody there but the prisoners and Lee's wife—this broken silver (produced) was in the scale, but as soon as I entered Lee shot it out into a piece of newspaper, Jackson wrapped it up in a hurry, and took his seat at the back of the room—I said, "What have you got about you?"—he said, "Nothing"—I said, "Let me see"—he stood up and held up his arms—I searched him, and found 9s., which I did not take—I then went to the table, undid the parcel, and saw the silver—I said, "Is this your's?"—he said, "No"—I said to Lee, "Is this your's?"—he said, "No"—I said, "If it does not belong to you, I will take it," and placed it in my pocket—by the side of it laid another paper parcel—I examined it, it contained forty-one spoons, tied in a bundle—I put them in my trousers pocket—I was in plain clothes—I found a waistcoat near the scales—I took it up, and Lee said, "That is mine"—I opened it, and in the pocket was a silver gilt watch with a chain attached to the waistcoat, and five other watches rolled up in the waistcoat—I also found in the waistcoat 201. in gold, 3l. 8s. 6d. in silver, and some old coins, which I gave up to the wife at the station—87 H was with me—Lee said, "You are not going to take that"—I said, "I must keep it for the present"—his wife said, "Do not take that money away, Mr. Dunnaway, I have not got a farthing to go on with"—I turned to Jackson and said, "We shall make this man accountable for this silver, and if he does not go down quietly with us we shall call upon you to assist us in the Queen's name—Lee said, "Very well"—I then directed Jackson to be taken in custody, and as soon as he got outside the door, I had my head partly turned, and Jackson struck the other constable a violent blow and tried to escape—I caught him by the collar, and assisted down to the station with Jackson, leaving Lee behind—I afterwards went back to the
house, found Lee there, and took him to the station—going along he said, "Do you mean to put me into this?"—I said, "Yes"—he said, "Cannot I square it with you?"—I said, "No; nothing of the kind."
Cross-examined by MR. RIBTON. (For Jackson.) Q. Have you often been at that beerhouse before? A. No; it has not been open many months, during which time Lee has kept it—it was a chandler's shop before that.
COURT. Q. Are the silver spoons among those spoken to by Mr. Harris? A. No; the other things are not identified by him.
JACKSON, GUILTY on the second Count.— Judgment Respited.
LEE, GUILTY on the second count.—He was further charged with having been before convicted.
EDWARD WIGLEY (Policeman). I produce a certificate (Read: "Central Criminal Court, February, 1851, John Lee, convicted on his own confession of receiving twenty-five gross of metal pens.— Confined four Months.")—I had him in custody—the prisoner is the person—it is twelve years ago.
Lee. I am not guilty. A person named Ryan, who very much resembles me, assumed my name. Witness. I took him in custody, and have seen him frequently since for six years, and have been familiar with his face—I know that the person convicted was not Ryan.
JURY. Q. Is there any likeness between the two? A. A little, but not much—I know Ryan to have been in custody.
Lee. Q. You proved this conviction against Ryan? A. I did not but I saw you four years ago and proved it.
MR. KEMP conducted the Prosecution.
FRANCES HALL . I am the wife of Henry Hall, of Newark—on 25th June, a burglary was committed at his house, and he lost this watch and chain (produced)—I saw a thick, short man run across the road, but only saw his back—Jackson is the man in point of figure.
WILLIAM PORTER DUNNAWAY . The evidence of this witness was read over to him, to which he assented and added, I found this watch rolled up in Lee's waistcoat—the prisoner's wife was searched at the station and 16l. found on her.
Lee's Defence. He says they were rolled up in my waistcoat. If they had been, the money would have fallen out. The watch and chain were mine.
Jackson's Defence. I had nothing to do with the watch at all, and never was in that part of the country where the robbery was done.
LEE, GUILTY** on the second Count .— Ten Years' Penal Servitude.
JACKSON, NOT GUILTY . There were eight indictments against the prisoners.
THIRD COURT, Friday, August 21st, 1863.
Before Mr. Common Serjeant.
PLEADED GUILTY . MR. DALEY for the prisoner stated that he was married at the age of seventeen, and behaved well to his first wife, and there was some reason to believe that the second wife knew he was a married man when she married him.— Confined Three Months.
MR. GENT conducted the Prosecution.
WILLIAM EUSTON . I am a labourer, and live in the parish of Norwood—on Sunday morning, 2d. August, about half-past 12 o'clock, I was at the Red Lion public-house—I laid down to sleep by the side of the road—at that time I had two half-crowns, two shillings, some odd copper money, a knife, a purse, a comb, and two letters on me—the money was in the purse—I saw the prisoner and a man in the road just beyond the Red Lion, before I went to sleep—they were quarrelling, and I went and told them that a policeman would come and take them if they did not be quiet—about an hour before that I had seen them in the George and Dragon—I pulled out my money there in their presence to pay for a pint of beer—I went off to sleep by the roadside—the police-sergeant woke me up about half-past 1, and I found all my things gone—these are the things (produced)—there is 5s.8d. here, two half-crowns amongst it.
JOSEPH GAUNT (Police-sergeant, T 1). About a quarter past 1 on Sunday morning, 2d August, I found the prosecutor lying down on the road asleep, near the Red Lion, Southall—I woke him—he told me he had lost something, and made a charge against the prisoner and a man—we found them asleep in a barn, and while searching the man, the prosecutor saw the female trying to make away with something in the straw—he caught hold of her hand, and held it down—I turned my light on, and she had these two letters underneath her hand in the straw—I gave her in custody to another constable, and searched the straw—the other constable found this purse in her bosom, and another one was found in her stocking with two half-crowns in it—three pennyworth of coppers were found in her bosom at the same time—the man was taken and committed, but the bill has been thrown out against him—they state that they are husband and wife—they are strangers to us.
JAMES STRANGE (Policeman, T 244). I went on this morning to Mr. Owen's barn with the last witness, and saw the prisoner there—I saw her hand in the straw—the prosecutor pulled her hand up, and there were the two letters—I found this purse, three pennyworth of coppers, and a bit of comb in her bosom—as she was going along, she pulled this purse out of her stocking.
The prisoner in her defence stated that the prosecutor had followed them about, and tried to take liberties with her, and that when they awoke in the barn the prosecutor was there, and tried to force the letters into her hand.
GUILTY .— Confined Six Months.
MR. LANGFORD conducted the Prosecution.
HENRY GRAHAM . (Policeman, K 504). About half-past 4 on Tuesday morning, 18th August, I was on duty in Essex-street, Bethnal-green, and saw the prisoner jump over the wall at the rear of the parsonage-house, Mr. McGachen's—I questioned him as to his business there, and he said he went over to ease himself—I detained him till a sergeant, who was at the corner, came up, and then searched him—we found these two ink-bottle stoppers, a silver ring, a table-cloth, and two towels on him.
WILLIAM CHAPMAN (Police-sergeant, K 27). I was called by the last witness—he had hold of the prisoner—I got over the garden wall of this house, and found this cabinet round by the water-closet—it had been broken open, and all the contents strewed about on the ground—we searched the prisoner before I got over, and found these things in his pocket—at the station he was further searched, and this table-cloth was found wrapped round his body under his waistcoat—one towel was in his trousers pocket, and one in his coat pocket—I also found some lucifer matches on him—I went into Mr. McGachen's house, and found a piece of candle lying on the floor in the drawing-room—the drawing room window was open, and the shutters also—they open like doors—a person could easily get in.
REV. JOHN DRUMMOND MCGACHEN . I am a clergyman residing at the parsonage-house, Essex-street, Bethnal-green—on the night of the 17th August, about half-past 10, I saw the doors and windows secured—about half-past 4 the next morning I was called up, and found the shutters in the drawing-room open, and the window up—they were safe the night before—I missed this cabinet—it was safe and sound when I saw it; it is broken now—all these other things are mine; the knife also—they were all safe in the house the night before—the knife was found by the cabinet in the garden—I don't know where it was the night before—I know nothing about the piece of candle.
The prisoner's statement before the Magistrate: "The window was not fastened; there was a catch to the window."
Prisoner's Defence. I got over into the garden, as I told the constable, and saw those things in the garden, and picked them up. I did not know who they belonged to; it is more like a Reid than a garden.
GUILTY .†**— Ten Years' Penal Servitude.
No evidence was offered.—
NOT GUILTY .
MR. DICKIE conducted the Prosecution.
WILLIAM BALLS (Policeman, K 226). At half-past 4 on the morning of 10th August, I was in the New-road, Whitechapel, and saw the prisoner climbing over the iron balustrades in front of Mr. Burrows'—he had this coat (produced) on his arm—I stopped him, and found three frocks, two jackets, and a cape on him—he pulled the coat off as I was running after him—I also found this key, this piece of iron, and some lucifer matches on him—I went back to the place, and woke up the servants—the kitchen window had been forced open—I had passed the house half an hour before, and saw it quite safe—I did not try the window then.
Prisoner. You asked me whose house it was, and set to kicking me because I would not tell you? Witness. I did kick him; I was forced to stop him, to prevent him getting away.
MARIA STRIP . I am servant to Mr. Walter Burrows, 5, New-road, Whitechapel—the night before this took place I went over the house, and shut it up—I shut up the kitchen; the hasp of the window was secure—these are my master's things—they were safe the night before in the house—I was called up by the policeman about half-past 4.
He was further charged with having been before convicted at this Court on 12th May, 1862; to which he
PLEADED GUILTY.— Five Years' Penal Servitude.
MR. COLLINS conducted the Prosecution.
ELIZABETH EATON . I am the wife of James Allan Eaton, of 20, Southville, Lambeth—on Tuesday, 18th August, about half-past 12, I was in Fenchurch-street—I was going to take up my dress to avoid the dirt, when I saw the prisoner's hand pass from my pocket with my purse in it—he did not attempt to run until I said, "That man has got my purse"—a cry of "Stop thief" was raised, and ho darted off over the road—he fell down, and an officer caught him—a labouring man picked my purse up, and gave it to the policeman—there was 5s. and a sixpence in it—the prisoner said, if I would let him go he would give me 5s.
Cross-examined by MR. PATER. Q. Are you quite certain it was the prisoner's hand that went away from your pocket wish the purse in it? A. Oh yes.
GUILTY .— Confined Six Months.
MR. COOKE conducted the Prosecution.
JOHN BENTON . I reside at Boundary Cottages, Kensal-green, New Town—on Sunday, 5th July, I went with my brother, Henry Benton, to bathe in the canal—a pleasure-boat came by while we were bathing, and my brother said, "Keep in the water; there may be females in the boat"—I caught hold of the rope—the prisoner was with the boat, and he told me to loose the line—I left go directly—he said to me, "You ought to know better than to lay hold of the line, and if you had not loosed it when you did I would have given you a punch on the head"—we then got out of the water, and were dressing, when the prisoner came back to the iron bridge, and began at me, and wanted me to fight—I told him I could not fight—he said he would make me fight, and I pulled my knife out, and said if he came nigh me I would let him have the knife—my brother came up, and said, "What is the matter?"—I told him that Dixon was going to give me a smack on the mouth—my brother took up the quarrel, and said, "Fight me first"—they then fought together—my brother struck the first blow, under the throat; Dixon struck the next, on the lip—they fought for a quarter of an hour as near as I can say—they then shook hands, and my brother laid down under a hedge till the people went away—the last blow struck him on the nose—it bled very much, he could not stop it all day—he afterwards went home, had his dinner, and laid down a bit—he got up about half-past 5, and went to his horses—I saw him again about 8 or half-past—he seemed very well the next day, and went to a fair and a play in the evening—on the Tuesday he said "Good morning" to me just before I went out about 8 o'clock—he was then in bed—he sent for me about 2 or half-past, and they could not hold him in bed—he then was delirious—I stayed with him till half-past 6 in the evening, when he died—he never recovered his senses.
Cross-examined by MR. RIBTON. Q. Is not bathing in the canal at that time contrary to regulations? A. I don't know anything about that—I
have never seen bills up forbidding it—we kept as far as we could from the road—the prisoner challenged both of us—my brother took it up for me and challenged him singly—my brother was not generally in the habit of lying down on Sunday after dinner; he did sometimes—I did not go to the fair—I did not hear that my brother had had a fight there—he did not come home drunk—I did not see him when he came home—I suppose the prisoner was the boatman of this pleasure-boat—I had my shirt and stockings on when he came back—I never saw my brother drunk in my life—he was twentythree years old.
MR. COOKE. Q. If you had not caught hold of the rope, would it have struck you? A. Yes.
GEORGE BROWN . I am a surgeon, at Kensal-green—on Tuesday, 7th July I was called in to see the deceased—he was dead when I arrived—I made a post-mortem examination the next morning—there were bruises under the ears, and a bruise on the centre of the nose—to these bruises under the ears there were corresponding marks internally, and still further within the cranium, were other marks corresponding with the outer marks—there was pus, the result of inflammation—the cause of death was inflammation of the brain—such marks as I saw would produce such a state of brainsuppuration was a mere consequence of the inflammation—that state of brain would give rise to the violent convulsions, under which he died—such marks would be caused by blows.
Cross-examined. Q. I do not understand you to say positively that the external marks caused the internal condition of the brain? A. They might—it might be attributable to other causes, falling on stones or anything of that sort—the brain was just as I should imagine it would be after injuries which happened a few days previous—the heart was empty, and thin, in a state of what we call fatty degeneration—he had disease of the heart—that was not the cause of death.
WILLIAM WARREN (Policeman, D 27, examined by MR. RIBTON). I said to the prisoner, "I am very sorry to see you in custody on such a charge"—he said, "I can't understand it; I was more knocked about than he was" he gave himself up. The prisoner received a good character, as a quiet, inoffensive man.
GUILTY .—Strongly recommended to mercy by the Jury.— Confined Two Months.
MR. COLLINS conducted the Prosecution.
WILLIAM WHITING . I live at Ely-place, Hoxton, and am a bootmaker—on Friday, 31st July, I saw the prisoner and the deceased man, Burke—I heard her make use of some very bad expressions as I was standing at my door—she was calling Burke an Irish b—r—I went to the house, and saw the deceased strike the prisoner a blow in the face, and she took up a knife off the table and stabbed him in the left thigh—he was standing at that time—as she drew her hand back, she said, "Take that, you Irish b—! I'll rip your liver out!"—she then threw the knife at him, and it passed over his shoulder—he came out of the house and said, "Oh! some one take me to a doctor; I am stabbed!"—I laid hold of his arm and led him down Hoxton; he was bleeding very much—he said, "I cannot walk any further, I shall drop"—his legs sank from under him, and I and some other person let him gently on the ground—he struggled very much, and there was a pool of blood on the ground—the prisoner came up soon afterwards—she broke her way
through the crowd, caught hold of his arm, and said, "Get up; what do you want lying here for?"—he did not make any answer; he was insensible—a policeman came up, and the deceased and the prisoner were taken to the police-station.
EDWARD NOLAND (Policeman, N 73). I was on duty in Hoxton, about 10 minutes past 10, on 31st July, when my attention was drawn to the deceased, sitting on the ground—he was insensible—the prisoner was by the side of him—there was a great quantity of blood on the pavement—I asked who did it—the prisoner said, "I did, with a knife"—I asked where the knife was—she said she did not know—I took the deceased in a costermonger's barrow to the station—we got there about twenty minutes past 10 at night—he was then insensible, and his trousers were saturated with blood—I saw him die about half an hour after we got him to the station.
Prisoner. Q. When I said I did it, did you say, "Be careful what you say"? A. I cautioned you—you kissed him—that was before he died—you seemed sorry for it, and you were crying.
COURT. Q. What age was the man? A. Between thirty and forty, I should think.
PETER LUDOVIC BURCHELL . I am a Bachelor of Medicine, and live at 1, Kingsland-road—on 31st July, about half-past 10, I was called to see a man at Hoxton Police-station—he was dying from loss of blood—I did not examine him at that moment—my assistant had arrived first and put a bandage on; and, as the wound was not then bleeding, I did not undo it—he died from loss of blood soon afterwards—I made a post-mortem examination and found a division of the femoral artery; the wound was five inches deep—it went right across the thigh—it was such a wound as could be inflicted by a common table-knife—the deceased looked about thirty-five years of age—he was healthy in every other respect.
JOHN AUGUSTUS TAFFYN . I live at 8, Addle-hill, Doctors'-commons, and was foreman over the deceased at Messrs. Thornycroft's—he was a porter there, and about thirty-five years of age—I have seen his body since his death—he left the office about half-past 8 o'clock on the evening of 31st—he was a sober man in his business—I knew nothing of his personal character—he was sober when he left at half-past 8—I have never seen him drunk for the last ten years, only a little fresh sometimes—my employers are very particular.
The prisoner in her defence stated, that the deceased when he came home hit her and kicked her, and in her excitement she snatched the knife of the table and made a job at him with it, but not with the intention of taking his life or doing him any serious injury—
GUILTY .— Confined Eighteen Months.
MR. THOMPSON conducted the Prosecution.
HENRY GARDNER . I am a plumber's labourer, living at New North-street, Red Lion-square—about 2 o'clock on Wednesday morning, 19th August, I was at the corner of Farringdon-road and saw the prisoner there with another female—they came up to me, and the prisoner asked me if I was going for a walk with them—I said, "No, I am going home"—I did not walk with them—the prisoner was on one side of me, and the other female on the other—I felt the prisoner pressing against my side, and then she ran away, and I missed my watch and ran after her—I caught hold of her by the two hands, and took my watch out of her hands—it had been in my watchpocket in my trousers with a silver chain attached to it round my neck—she
went about one hundred yards before I caught her—the ring is broken off the watch—this is it (produced)—it is worth 5l.
JOHN RIGDEN (City-policeman). I took the prisoner into custody—the prosecutor charged her with stealing his watch—she made no reply—she was searched, and one shilling found on her—she was quite sober—the prosecutor had been drinking.
Prisoner. I was not sober.
GUILTY .— Confined Six Months.
Confined Eighteen Months.
1056. HARRY ATKINSON (17), PLEADED GUILTY to unlawfully obtaining by false pretences 42 silk handkerchiefs, the property of John Foster Porter; also 21 silk handkerchiefs, the property of Wynn Ellis and another.— Confined Eighteen Months.
Before Mr. Common Sergeant.
MR. DICKIE conducted the Prosecution.
SAMUEL WILLIAM SAYER LEWIS . I am engaged in the Admiralty, and reside at Brunswick-cottage, Deptford—the prisoner was my housemaid—on Sunday, 2d August, I placed twelve bottles of sherry wine in my pantry, and after the servants had gone to bed I found there were only three bottles full; all the rest were empty—I had recently parted with some servants, and I did not suspect the prisoner—next day, on coming home, I found that one of the remaining three bottles was gone—I went to the police-station and got an officer, and left him outside the house—I questioned the prisoner and her fellow-servant about it, and they both denied all knowledge of it, and the prisoner said if there were three bottles there the night before there must be still—I again went into the pantry, and, to my astonishment, one of the two bottles I had left not long before was gone—I then called in the policeman—he asked me to let him speak to the two servants in private, which he did—when he returned to me he said in their presence, "One of your servants will tell you where the wine is"—I immediately asked the prisoner where it was; she seemed surprised, and said, "Why do you ask met?"—she then said, "I have taken one bottle"—the policeman then searched her bedroom in my presence, and some articles were found belonging to me and my sister—the prisoner produced one bottle from her room, and the policeman produced two more empty ones—she then acknowledged, in my presence, having taken three, but no more.
FRANCES SAYER LEWIS . I reside with my brother—on 21st July the prisoner came into our service as housemaid—on Sunday night, 2d August, I asked my brother to move some wine into the pantry—I found that corks had gone out of several bottles then—I went to see the prisoner's box examined,
and found a great many of my things—the prisoner became so violent that I requested the policeman to remove her—I went and fetched a second policeman, and he took her away—I had not given the things to her; she had no right to take them—I found a pocket handkerchief, a brush, and a lot of small things belonging to me—the bed was afterwards searched—under the bedstead was found my dressing-case; it was fortunately empty when it was taken—between the mattresses we found an empty wine-bottle, and also a great many box-wrappers belonging to me—we also found several articles of mine in the servants' drawers, which were not there at 2 o'clock in the afternoon; they had been taken between 2 and 6.
COURT. Q. Bid you have a character with her? A. I had a personal character, with which I was satisfied—the lady who gave it to me had not had her a month, and she gave me the character she had of her before from another lady—she had a good character for active industry and honesty—the left her last place because her temper was violent, and she had a quarrel with another servant.
Prisoner. The things were in the room before I came there. Witness. I can swear they were not.
THOMAS WATSON (Policeman, R 124). I received charge of the prisoner from Mr. Lewis, on 4th August, for stealing some wine—she said, "I don't know what you mean"—I then asked her and the other servant whether she knew anything about the wine, and they said, "No"—the prisoner afterwards said, "I have taken one bottle, it is up in my bedroom; I will go and fetch it"—I went up with her, and behind a chest of drawers she pulled a full bottle of wine—I then looked behind the drawers and found two other empty bottles—I showed them to Mr. Lewis, and she then said she had taken three bottles—I also found some other small articles—she then became so violent that I took her to the station.
The prisoner's statement before the Magistrate:—"I am not guilty of anything but the wine."
Prisoner's Defence. I had those handkerchiefs by mistake in my box. I had them to wash.
GUILTY .— Confined Six Months.
There was another indictment against the prisoner.
MR. COLLINS conducted the Prosecution.
EBENEZER CRADDOCK . I am an oil distiller, living at West-ham, in Essex—on Monday, 20th July, I was in the ball-room at the North Woolwichgardens, and heard a "click" at my waistcoat pocket—I looked, and saw my chain hanging down, and my watch was gone—the prisoner was standing close by me, and I accused him of taking it—he looked up at me and said, "I have not got your watch"—I caught hold of him by the collar, and he said, "Don't say anything, I will give you the watch; don't prosecute me"—with that he walked away some six or eight yards—I followed, and kept hold of him—he then moved up to some ladies, stooped down, put one hand under a lady's crinoline, and the other round to his outside pocket, and brought the watch out and gave it to me, saying, "Don't say anything about it," and walked out—the bow of the watch was gone—policeman 48 k was in the building, and I gave the prisoner into his custody.
Cross-examined by MR. DICKIE Q. Did you see the prisoner take your watch? A. No; there might have been a hundred people in the room—I would not swear he took the watch from his pocket; he looked as if he did.
GUILTY .**†— Seven Years Penal Servitude.
MR. COOKE conducted the Prosecution.
WILLIAM BANKS . I live at 5, Plumridge-street, Blackheath, and am a carman—on 18th July I was at the top of Griffin-street, Deptford, about ten minutes to 11 at night—I met the female prisoner; she stopped me and asked me what I was going to treat her to—I said, "It is too late, you can't get anything"—she said, "Oh no it isn't, I can get something"—I gave her sixpence to get something to drink—she then snatched ray watch from my pocket—this is the watch and chain (produced)—I asked her to give it to me, and she said, if I did not go away she would give me a punch in the mouth—she walked off—I went into High-street, and found a constable, came back with him, and found both the prisoners talking together—the constable went up to them, and I afterwards saw my watch on the pavement where they were standing, and picked it up—I had had a little to drink—I knew what I was about.
Cross-examined by MR. COLLINS. Q. You were a little fresh? A. Yes; my watch was in my trousers-pocket, with a short chain hanging down—my trousers were rather loose; it could be easily jerked out—when I came back with the policeman they had gone perhaps twenty or thirty yards, I can't say—I saw the male prisoner before that at the top of Griffin-street, about ten yards away—I did not say anything about going for a policeman when I went.
ARTHUR ALCOCK (Policeman, R 280). About 11 o'clock on the night of 19th July, the prosecutor came up to me in High-street, Deptford—I went to the corner of Griffin-street with him, and heard that the prisoners had gone into Regent-street, Deptford—we went to the dark part of Regent-street, and saw the prisoners talking together—I watched them about three minutes, and then turned my light on and saw that the female prisoner had something bright in her hand—I went up to her and told her she was charged with taking a watch from the prosecutor—she then passed what she had in her hand over to the male prisoner's left hand—she said he was a liar, she had got nothing—I then drew her about three yards from the man, and saw him drop the watch between his feet—he told me I had better search her there—I told him I should not, I should take her to the station—he came up and tried to rescue her—he followed us, and I spoke to a brother constable, who took him in charge—he told the prosecutor that he would give him two shillings to square it.
Cross-examined. Q. How far is the corner of Griffin-street from where you saw the two prisoners? A. I suppose about thirty or forty yards—I was about six yards from them when I saw something bright in her hand—the male prisoner caught hold of her arm, and tried to pull her away, and tried to put his legs between mine to knock me down—I did not pick up the watch; I told the prosecutor the prisoner had dropped something, and he picked it up—Regent-street is a thoroughfare.
FIELDER was further charged with having been before convicted of felony at Maidstone, on 10th April, 1862, sentence Twelve Months; to which he
PLEADED GUILTY.†— Five Years' Penal Servitude.
MARLOW— Confined Twelve Months.
Before Mr. Recorder.
1061. And CATHERINE M'KERSEY (23) ,to stealing a roll of ribbon, and other goods, Value 3l., the property of Eleanor Welch Tindale, her mistress.—She received a good character.— Confined Nine Months. [Pleaded guilty: See original trial image.]
EMMA MORLEY . I keep a Berlin-wool shop at Blackheath—at 5 o'clock on the evening of 21st July, the tallest prisoner (Crump) came in and asked the way to London—I told him his way, and he went out of the shop—about two minutes after he had gone I missed a basket; I had seen it safe about ten minutes or a quarter of an hour before—there had been nobody else in the shop between that time and when I missed it—I spoke to a constable, and he afterwards brought the basket to me—this is it (produced).
Crump. I did not go to the lady's shop.
COURT. Q. Are you sure he is the person? A. Yes; he had a cap on when he came in—he is the boy.
JOHN SKINNER (Policeman, R 196). I received some information from Miss Morley on 21st July, in consequence of which I went on Blackheath and saw the prisoners and another boy there—I watched them a bit, and saw that Crump had something under his coat—I stopped him, asked him what he had got, and found this basket—he said, "It does not belong to me"—he afterwards said, "I found it on Blackheath; you must have seen me pick it up"—"I said, "That is false, I did not"—Brown then said they picked it up in some palings—they are some palings in front of Miss Morley's shop, and he said they picked it up there.
Crump. I said, "He picked it up, it don t belong to me," meaning the other boy named Harley. We started to get some work, and met Harley, and he said he had picked up this basket, and he gave it to me to carry for him. The Court considered that there was no evidence against BROWN.
NOT GUILTY .
CRUMP— GUILTY .— Confined Six Months.
MR. KEMP conducted the Prosecution.
GEORGE DIAPER (Policeman, R 217). On the morning of 9th July I was on duty in Nott-street, Deptford, and about 2 o'clock saw the prisoner in the orchard, 200 or 300 yards from Mr. Robinson's place—I saw him again at half-past 3, carrying this bundle, and asked him what he had, but as soon as he saw me he set it down and came back to meet me—I took him to the bundle, and found it contained a clock and two knives—I found the windowsash at Mr. Robinson's broken, and the lower window slipped up—a man could put his hand in and unslip the bolt.
Cross-examined by MR. RIBTON. Q. Did you see him drop the bundle? A. I saw him go round the corner with it and come back without it—he was about sixty yards from me—I am sure it was the prisoner—one was about
three yards behind the other, and the one with the bundle was first—it was daylight—I did not see the other man after he went round the corner.
MR. KEMP. Q. Could they see you before they turned back? A. Yes; I know the prisoner well.
ELLEN CLAMP . I was nurse at Mr. Robinson's coffee-shop, at 3, Church-row, Deptford—on the night of 8th July I went to bed about 10 o'clock, after locking all the doors and fastenings—about three minutes past 4 I found the window wide open, and missed a clock—I also lost some copper money, some tea, and a handkerchief like this (produced), which were safe the night before.
GUILTY .**— Confined Eighteen Months.
MR. GENT conducted the Prosecution.
FREDERICK DANIELS . I am a ship's carpenter, of Woolwich—on Saturday night, 11th July, I was returning home between 12 and 1 o'clock, and saw the prisoner at Green End—I accompanied her to Mount-street, where she said she lived—she said, "This is my house, but unfortunately I have not got the key, but we will stand here, and my friend will be here presently with it—she placed her arms round me several times, and then said, "Oh, here comes a policeman, you had better go out first"—I then missed my watch, which was safe before I met her, fastened through my button-hole with a guard—I was perfectly sober—I described her, and afterwards saw her at the station—have seen my watch since—it is worth 14l.
Cross-examined by MR. DICKIE. Q. What time in the day did you go out? A. I left my employment at 4 o'clock, and was out from then till I met the prisoner—I had only been walking—I had my share of two half-pint bottles of ale; two of us shared it—I had seen the prisoner before, but never spoken to her—I said that she wore a round black hat, and had a flushed complexion.
JOHN HOLMES (Policeman, R 145). In consequence of information, I took the prisoner on the following night—she was with two young men—I was in plain clothes, and said that I was a policeman, and should take her to the station—before I had time to say any more, she threw up her arms and said, "I never had the watch, it was another party altogether"—I then told her the charge, and she denied it, and said she was at home at the time—Wickham was with me.
Cross-examined. Q. Did she say at once that she could bring some people to show where she had been? A. She said so on the way to the station—I had told her it was the night previous.
JOHN WICKHAM (Policeman, R 185). I was with Holmes when he took the prisoner—he said that he was a police officer, and must take her to the station—she immediately put up both hands, and said, "I never stole the watch"—he then told her the charge, and she said it was another party altogether.
Cross-examined. Q. Do you know where the robbery took place? A. In Mount-street, a mile and a half from where the prisoner lives.
The prisoner's statement before the Magistrate: "I never saw the prosecutor on Saturday night"
Witnesses for the Defence.
public-house half an hour's walk from her home—I went with her as far as her door—it was about half-past I when I left her.
Cross-examined by MR. GENT. Q. Was this the 12th of July? A. I think it was, I don't know exactly; I know it was Saturday night—I first saw her at the Royal Oak, at three minutes to 12—we stopped there until 12, and I then went with her to her residence in Warwick-street—I did not go in—it is about half an hour's walk from the Royal Oak.
COURT. Q. Do you know what Saturday it was at all? A. No; I heard about it through another party on the Monday or Tuesday following, but I cannot tell whether it was the 15th or the 22d of July.
MR. DICKIE. Q. Do you remember her being taken to the station? A. Yes; it was on the Saturday before that, that I was with her—when I was standing speaking to her at her house, two policemen spoke to us and told us to go in doors—I am quite certain that was the Saturday night before she was apprehended.
MARY MARTIN . I am the wife of William Martin, of 7, Warwick-street, Woolwich—I have known the prisoner about two years—she had a back room in my house—I remember her being taken up for stealing a watch on a Sunday night; I think it was about 12th July—on the Saturday night before that she came in my room about 8 o'clock, and asked me to lend her my clock, as it was warmer than her's: and when she came home, at about I o'clock, she came into my room and took it off, and her white hat and fall—she fastened the front door, and then went into her own room—I heard her talking to Grainger outside, before she came in—I am sure she had a white hat with a black feather in front.
Cross-examined. Q. Have you not gone by the name of Dunton? A. That was my maiden name—the prisoner is married—her husband lives with her—this was on Saturday night, the 12th July.
COURT, to JOHN HOLMES. Q. On what day was she apprehended? A. The 13th; no, I made a mistake, the robbery was committed on the 19th, and I took her into custody on the 20th, the following day—she was charged on Monday, and remanded till Friday, the 24th—I received information from the prosecutor the same night as the robbery.
MR. GENT to MARY MARTIN. Q. Do you not know the day she was taken up? A. I heard of her being taken up on the Sunday night—my house is a good distance from Wellington-street—Warwick-street is three quarters of a mile from the nearest part of Wellington-street—I have often walked there—there is a short way and a long way—when I heard the prisoner talking outside my door, it was about 20 minutes to 1; I heard the clock strike I shortly afterwards—I do not let the prisoner the back room—I am not the landlady.
NOT GUILTY .
Before Mr. Recorder.
MR. PLATT conducted the Prosecution.
REBECCA KNOWLES . I am a widow, and live at Harrow-on-the-hill—I am the mother of the prisoner's first wife—I was present at his marriage with my daughter at Pinner church on 15th October, 1840—my daughter is living and is present.
Cross-examined by MR. COOPER. Q. She had a child before her marriage,
I believe? A. She had—it was not passed off as my youngest before her marriage with the prisoner—he knew the child and used to notice it a good deal, and he had it with him for nearly twelve months after they were married, but after I found he did not use it well I kept it.
COURT. Q. How long did your daughter live with him? A. Till about twelve months since, at times, whenever he pleased to come to her, but he was as much away as he was with her—for a twelvemonth she thought he was dead.
ELLIS CARR (Policeman, M 224). I produce a copy of a marriage register from the register book of Pinner church, and also one from the register of Christchurch, Bermondsey—they are true copies (read)—I took the prisoner into custody on 26th June—I told him he was charged by his wife with marrying a second wife—he said, "It is no such a thing, policeman, I did not."
Cross-examined. Q. I believe he told you he had been married before? A. Yes, he said, to the best of his belief, his first wife was dead—I went with him to several places where she had been living, and they said she had gone away with another man, and that that man had come back and said she had died in the country—the prisoner has been a very good husband to me; there could not be a better man in the world, a sober, industrious, hard-working man—I have not commenced this prosecution; I would not hurt a hair of his head.
Cross-examined. Q. Did you know his first wife? A. No, he told me she had been dead three years.
MR. COOPER called the following witnesses for the Defence:
WILLIAM HOWE . I am a butcher, at 81, Granby-street, Waterloo-road—I have known the prisoner twelve or fourteen years—I did not know his first wife—a person was pointed out to me on Saturday, but she was not the party.
THOMAS TAIT . I am a coachman in Cockpit-yard, Little James-street, Bedford-row—I know the prisoner—I did not know his first wife—in October or November last he asked me to make inquiries about her, which I did, somewhere down King's-cross, where I was told she had been living—I heard that there had been a person named Martin living there, and that she had gone into the country with a man named Abbott, and that she was dead—I only inquired of one person, that was a man who was coming out of the house I went to—in March last I was with the prisoner at the White Lion in Little James-street, and Mrs. Martin and Mrs. Watts were there—they had something to drink, and had a few words—I did not hear him express surprise at seeing his wife alive.
GUILTY .— Confined Eight Months.
MR. LILLEY conducted the Prosecution.
on Saturday, 19th July, soon after 12, I was walking along the Waterloo-road—when I got to the top of Herbert's buildings, I made a stop—there was a man and woman quarrelling—as soon as I stopped the prisoner came from behind me and took my watch out of my pocket—I caught hold of the chain and it broke—two more men then came up and wanted to abstract it from my fingers, and two others came and threw themselves over my arms—I was overpowered, and all my senses were clean taken away—they tried to pull the ring off my finger, but could not—the watch was taken, with the swivel, but not the chain—I had seen the watch five minutes before.
Cross-examined by MR. PATER. Q. I suppose you have not seen it since? A. No—I was not drunk; far from it—I was not to say perfectly sober—I was as sober as I am now—I swear that I was sober when this took place—I had been having a glass of ale with a friend, at the Angel, in Hercules-buildings, and from there I went to Heeley's, and had two half-quarterns of gin—all I had was four glasses of ale and two half-goes of gin.
JAMES BEVAN . I am a chairmaker—I did live in Union-street., Southwark—I now live and work at North Woolwich—on Saturday night, 19th July, soon after 12, I was passing along the Waterloo-road, near Herbert's-buildings, and saw the prisoner quarrelling with a woman—I and a friend stood listening—as soon as the prosecutor came up, they left off quarrelling and surrounded him, about five or six besides the prisoner—they caught hold of him and knocked him about, and knocked him down—I called out to them, "Let the man alone"—the prisoner said, "You b—, we will serve you the same way, if you don't stand still—two policemen came up, and they all ran away—I gave them a description of the prisoner—I know him by seeing him about for three or four years—I know his voice, and am sure he is the man.
Cross-examined. Q. Did the prisoner strike the prosecutor? A. I can't say—the friend who was with me is a soldier; he has gone to India—we had been to the Victoria—I was quite sober—I had never spoken to the prisoner before—I was standing by a lamp-post at the corner of Herbert's-buildings when it occurred.
FLORENCE MCGILLICUDDY (Policeman, L 142). On the night of 19th July, about ten minutes or a quarter past 12, I was near Herbert's-buildings—I saw a large crowd—the prosecutor had gone to the station when I came up—Bevan gave me some information, and a description of a person, in consequence of which I apprehended the prisoner on the night of the 25th—I told him he was charged with being concerned in the robbery of a watch—he said, "Why did not you take me before this?"—I told him I was not certainly informed, for I had another prisoner in for it, who got three years to-day—I had seen the prisoner on the evening in question, about four or five minutes previous to the robbery, about 100 or 150 yards from where it took place, and spoke to him and told him to go home.
Cross-examined. Q. Did you see him half an hour after the occurrence? A. I did—I had the description of him then, but I mistook him for another man—I apprehended another man, and it appeared that he was concerned in the robbery—he was not quite sober then—he was then about 400 yards from where the prosecutor was assaulted.
MR. LILLEY. Q. When he was apprehended, did Bevan see him? A. Yes; and said he was the man.
GUILTY .†—He received a good character.— Confined Nine Months.
Before Mr. Justice Keating.
MR. DALEY conducted the Prosecution.
MARGARET PURDY . I am married, and live at 2, Windmill-court, Lambeth—the prisoner and Ann Griffin lived in the next room to me—on Monday night, 3d August, Griffin went out at 12 and returned about 3—she had not been indoors five minutes when the prisoner came up—they had words together, and momently he violently knocked her down and beat her, I could hear her fall—I heard him beat her, and after he had violently beat her he left the room—as he left the room, she called him a rotten sod—he returned up again, and said, "Am I?" and he violently beat her again—I did not see him; I only heard—she then left the room, and got down stairs into the water-closet.
Cross-examined by MR. PATER. Q. What became of her after that you do not know? A. No—a thin partition divides my room from theirs—I could hear the words used—I did not hear the prisoner ask her for some pawntickets, or say that she had pledged his shirt or his clothes—I had only known the deceased since she had lodged there, about twelve months—at times she was greatly given to drink; she would go out and get tipsy—I know nothing of her being subject to fits; I never saw her in them—I know she used to be out at public-houses with a great quantity of loose people, which offended the prisoner—she was not constantly drunk—if she did go out and get little drops, she was not so intoxicated when she returned home but she knew what she was doing—I have frequently seen her a little intoxicated—she used to associate with bad characters—it might be about a quarter of an hour after he beat her that she went down to the water-closet—I did not hear slip down the stairs; she kept firm hold till she got to the bottom—she did not fall—she slipped as she went, but she kept her hold—I was in my own room—she slipped down the first stair, as I suppose; I did not see her.
ELIZABETH DUNN . I am a widow, and live at 2, Windmill-court, High-street, Lambeth—on 3d August I saw the deceased go out at 12 o'clock—she came in at 3—I saw her coming along the staircase—I heard the prisoner come in about five minutes afterwards—a few words occurred between them—I did not hear what they were—I then heard blows—that continued about five minutes—the prisoner then left the room, and went down stairs—the deceased went down stairs after him, and called him a rotten sod—he then returned up stairs, and I heard blows again, and he said, "Am I that? am I that?"—she said, "Pray, don't; pray, don't, you will kill me"—he said, "I will before I have done with you"—he gave her more blows after that—she then opened the door, and ran down stairs, and her foot slipped in going down, but she did not fall, she kept her hold—I did not go out, my door was a little way open, and I saw through the door—she left the prisoner in the room—she ran into the water-closet, and I saw no more of her till the evening—I then saw her in the Windmill public-house with Mrs. Howard's baby—the prisoner looked in at the door, and said, "Are you coming home?"—she said, "I am," and she gave Mrs. Howard the baby, and went out—the prisoner said, "Come out, you are drinking with your enemies"—when she got out he struck her, and knocked her down in the roadway; I saw that—he then kicked her somewhere about the upper part of the body, but I don't know exactly where, whilst she was on the ground—I then left them—I saw her again at 3 in the morning, on the landing where she lived—he asked her to come indoors, and she would not.
Cross-examined. Q. What did she say? A. "I won't come in; I will
sleep on the boards"—I had known her about twelve months—she was a person of very intemperate habits—when she went out at 12 the prisoner was not there, I believe he was out at work—she returned before him—I heard the words used—I did not hear him ask her for some pawn-tickets—I don't know that she was in the habit of pawning his clothes to procure drink—I heard him say, "You have been out long enough drinking"—I don't know that she was subject to fits; I was never called on to assist her.
ABRAHAM AARON JESSELL . I am a jeweller, at 45, High-street, Lambeth—on Monday, 3d August, about 12 at night, I saw the deceased run out of the Windmill public-house, and the prisoner after her—she stopped about seven or eight yards off, and a person named Cooke with her, and the prisoner took and knocked her down—she either fell or slid down, and when she was down he kicked her—I only saw him kick her once—she then got up and ran and sat on the door of the public-house—he then hit her again, and made use of bad words, and said, "I will kill you"—he did not kick her that time—he asked her for his tickets—she said, "I have got a pretty face for to work in the morning"—I observed that she had a black eye as usual—I have seen her a good many times with those marks—he accused a woman who was standing there, of getting her out to drink, and pawning his things for drink—he then went across the road and left her sitting there, and I came away.
Cross-examined. Q. You probably know that this woman was an inveterate drunkard? A. I have seen her drunk, as well as the prisoner—I have seen them both together drunk—she was not an habitual drunkard—I have seen her sober month after month, and then I have seen her drunk for two or three days.
FRANCIS RAWL . I am a surgeon at 25, Church-street, Lambeth—I was called to Windmill-court, and saw the deceased lying in the arms of a woman, who was supporting her on a chair—she was then dead, and had been dead about ten minutes—I made a very superficial examination at that time—I saw that she had a black eye—on the 8th I made a post mortem examination, by order of the Coroner, seventy-two hours after death—on removing the skull-cap, I found the membranes of the brain highly congested, the brain itself softened, and extravasation, had gone on at the base of the brain on the left side; that was recent—I found the lungs congested, and on the right side a transverse fracture of the anterior sixth rib, which had perforated the pleura; that was of recent date—the liver was enlarged, not nutmegged; it was adherent to the side from previous inflammation—the gall-bladder contained a minute quantity of bile, the stomach was softened, and there were traces of inflammation of a sub-acute character, such as we find from intemperance—the heart was suffused, rather below the average size, the walls thin, but no organic disease beyond—I came to the conclusion that death was caused by the shock to the nervous system, arising from the injury to the pleura—that might originate from a blow—it arose from violence.
Cross-examined. Q. You speak of the membranes of the brains; do you mean the vessels surrounding the brain, or the substance of it? A. The vessels surrounding it; there was a coagulum formed at the posterior lobe on the left side—that would not of necessity cause insensibility; it does sometimes, but more frequently paralysis—the period at which it produces insensibility differs according to circumstances, from a week to a fortnight—there was about a table-spoonful—the extravasation appeared to have been recent; I mean within twenty-four hours—she was a person of a debilitated state of health, not extremely so—she was in that state that any
shock to the system would turn the balance against her—she was, no doubt, a person given to drink—the brain may have become softened by dissipated habits—softening of the brain frequently causes death—death might have arisen from the softening of the brain, or from the effects of the fracture of the rib, penetrating the pleura—in my opinion the latter was the cause of death, not the softening of the brain—the vessels of the brain would be congested by excessive drinking, and a fall or a succession of falls might produce a rupture of an artery, and cause such a coagulum as I found, and that pressing on the brain might produce insensibility; not within half an hour—I know the works of the Dutch author Vandercrofts—he is considered an authority on these matters—death would no doubt have resulted ultimately from the effect of the softening of the brain—it is possible, but not probable that a succession of falls might cause the rupture of the artery, and so produce death, but in this instance we had a blow on the eye, and effusion going on at the posterior base of the brain as if from a blow—it is possible that injury might result from a fall—I have known persons live for years with softening of the brain—I should not expect in the case of a person so suffering, addicted to drink, and meeting with a fall, that death would supervene—I should undoubtedly expect that a person suffering from perforation of the pleura would exhibit symptoms of excessive pain within a few hours—a transverse fracture of the rib might be produced equally as well by a fall as by a blow.
MR. DALEY. Q. Had you any means of ascertaining how recently before you examined the body the rib had been broken? A. It was evidently within forty-eight hours—a person might be able to go about after meeting with that injury, but suffering excruciating pain—I have no doubt the perforation of the pleura took place at the time the rib was broken—but for the broken rib she might have lingered for some time—the symptoms I saw in the brain were consistent with her living for some time—I take it that the shock to the system, from the effect of a blow, proved fatal.
COURT. Q. What would be likely to produce the extravasation? A. It may arise from natural causes, or from the effects of external injury, such as a blow—I attribute the death to the injury to the pleura, and not to the effect of the extravasated blood on the brain.
GEORGE HARRIS . I am a labourer, employed on the Thames—I know the prisoner, and knew the deceased—her name was Ann Griffin—she lived with the prisoner—I saw her on 5th August lying on the floor in her room with her clothes halfway up—she groaned three times—after a few minutes the prisoner came up stairs—I said to him, "Jem, there is something the mutter with your missis"—he came to her and said, "Ann," three times, and she groaned at him three times—I did not see her actually die, but I saw her dead.
Cross-examined. Q. What time was this? A. About half-past 9 on the Wednesday morning, 5th August—the prisoner came in with some butter and some money—I had known a good deal of the deceased—she has bad a fit two or three times, before she lived in Windmill-court—I have often sat alongside of her for half an hour, and given her two or three cups of water, and she has often said to me, "I have got such a pain in my left side—I heard the prisoner send Mrs. Gough for the medical man, and he came at the prisoner's instance.
MR. PATER called the following Witnesses for the Defence.
me she had been and pledged a shirt, and the prisoner wanted the ticket, and she would not give it—I believe it was his brother's shirt—I saw her next day, the 4th—she made no complaint to me of any injury to her rib—she was very tipsy indeed that day—she went to the Windmill public-house about half-past 9 on the Wednesday morning—she asked my daughter to fetch her some drink—she took it to her—she went up stairs about ten minutes after she had had the drink, and I heard a tremendous fall—Mrs. Dunn came into my room to ask what was the matter, and while we were talking George Harris went up, and found her lying on the floor—I went for a surgeon—I had known her about two years—she was very much given to drink, and very often when she was in drink she used to have fits, and bite her lips—she mostly drank spirits—it affected her very much—she used to fall about very much—she complained of a fall down stairs on the Monday—she said her boots had pitched her down—she wore high-heeled boots—she did not complain of a fall afterwards.
ELIZABETH GOUGH . I live at Fore-street, near Windmill-street—my husband is a fisherman—I knew the deceased—she was a very low woman, and in the habit of drinking; in fact, I very seldom saw her sober—she was subject to fits and falling about—when in drink she seemed as if she had no use in her legs.
JAMES GARETTY . I live in Lambeth-walk—on 3d August I was at 2, Windmill-court—I saw the deceased, and was drinking in her company—we had been in the Windmill—she paid for three quarterns of rum with me, and then we had a pot of ale—I paid for another quartern of rum—she went home about 2 in the afternoon—about a quartern past 2 I was standing outside the place—I heard a noise and went to the door, and saw that she had fallen down stairs in going up—I picked her up, and asked if she had hurt herself—she said she felt a little pain in her side—we went into the Windmill again and had a drop more rum together, and I left her about a quarter past 3 in the afternoon—I did not see her again till Wednesday morning, about 9 o'clock—she was then getting drunk in the Windmill—I did not see her afterwards. The prisoner received a good character from his employer.
GUILTY .—Recommended to mercy by the Jury.— Confined Nine Months.
MR. THOMPSON, for the Prosecution, offered no evidence on the inquisition, the Grand Jury having thrown out the bill.
NOT GUILTY .
Before Mr. Recorder.
MR. KEMP conducted the Prosecution.
ALFRED WESTON . I live at Rose Cottage, Chapel-road, Lower Norwood, and am a postman—I delivered these two letters, marked A and B, at Mr. Pugh's house—one of them had been sent through the post open, but I believe it was sealed at the General Post-office, as it bears the crown stamp—I suppose they read it, and thought it was not fit to send open.
Cross-examined by MR. PEARCE. Q. Are they directed to Rifle Cottage? A. Yes; Mr. Pugh lived there and nobody else, I believe.
JAMES PUGH . I reside at Rifle-cottage, Lower Norwood—I became acquainted with the defendant at the end of last year, and became on intimate terms with him—it was afterwards arranged that I should take part of his office, and I did so the first few days in November, and remained there
until 7th January—during that time I regularly paid my rent—I did not become indebted to him—I lent him, money two or three days after I went there, and afterwards on various occasions—I did not sue him for it—he was sued in March or April on a bill of exchange which I discounted for him in January—it was a 30l. bill, and I gave him 25l. for it—I saw him at the time he was served with the writ—it was through my instrumentality that he was served, and he knew that—on 15th June I received this letter, marked A, on 12th June the one marked B, and on 2d July the one marked C—during the time I was in the prisoner's office I had the opportunity of seeing him write constantly, and before I joined him I had one or two letters from him—I am well acquainted with his writing, and have not the least doubt in saying that these letters are his—I have several other documents in his own hand—I wrote to him on the receipt of the second letter, and then received this one, dated 10, Princes-place, 7th July—the defendant formerly lived there, from October when I first knew him to about December, and subsequently during April last, and I visited him there—I have not the least doubt that this letter is in his writing—a great many of the persons mentioned in it are creditors down in my schedule, and others are clients of mine—the libels contain also the names of persons with whom I have had dealings—the defendant had the opportunity of knowing my business affairs—I did not consult him on my business affairs, but in my absence he kindly took the names of persons who called, as I have done for him.
Cross-examined. Q. Are you still living at Rifle-cottage? A. Yes; I came from there this morning—I had no personal knowledge whatever of the defendant before October last—I knew his brother's wife—this "Received 7th July" in the corner of the letter last put into my hands is my writing—I wrote the letter I sent on 15th or 16th June—it never came back to me, but the third letter came, which was a reply to it—the post-mark on the first letter is "E. S. June 12"—I was at a loss to ascertain what that meant and took it to the General Office—I was told by the chief manager that it was either posted in Lombard-street or Lambeth-street, and I took it to the Lambeth-street district—I have not positively ascertained what E. S. means—the second letter is marked "S."—that is the district post at Lambeth—"June 15" is the post-mark—I know a person named McGwire, he is the brother of my wife's father's second wife—I saw him last in November; I think I may safely say the latter part of November, at 3, Charlotte-place—I heard the defendant allege at the Lambeth Police Court that the letters were written by M'Gwire—I have not taken any steps to see M'Gwire since, there was no necessity—I was bankrupt this year, and once previously—I do not think I have more than 120 creditors in my present schedule, and they are for very small amounts—I am sorry to say they are tradesmen of all kinds—my debts and liabilities are 2, 000l. I think—I received a commission for discounting bills, and carried on business at the office in the name of S. G. Raymond & Co.—I was in treaty with Mr. G. S. Raymond, an officer in the army—I never advertised to lend sums up to 40, 000l—I advertised to lend money—I had the command of money, but had not one shilling of my own—the defendant's wife called on me three Sundays ago—I did not say that if she brought me 60l. I would not appear here; nothing of the kind—she made an earnest appeal to me to accept 20l. and a diamond ring, which she would bring me next day, and I said that I could not interfere—I did not offer if she could raise 60l. or 65l. not to appear against her husband—I said, that in expenses I had been put to I was 63l. out of pocket
by him—I did not say that for that 63l. I would not come near this Court—the defendant has been connected with various papers, the Law Times or Law Journal—Mr. Edward Owen, the publisher of the United Service Gazette, was examined as a witness for me—I have not brought him here—he was sworn in my presence and examined on my behalf, but was not bound over—I have an office in London now, 26, Bucklersbury—except writing one letter to the defendant I did not communicate with him—I applied for a warrant against him on the 7th, I think—I was engaged before that in applying at Scotland-yard and at the Mansion House, and in getting recommended to a solicitor to take it up.
MR. KEMP. Q. Is there such a person as Raymond? A. Yes; he is entitled to money—there was a proposition for him to become my partner—he allowed me to use his name—I had channels by which I could procure capital—if I lend money on commission another person is the lender, and I receive commission for introducing the borrower to the lender—the bill was drawn at three months.
MR. PEARCE. Q. Did you receive from the defendant a bill for 67l.? A. I did—that was not in lieu of the 30l. bill.
JAMES HENRY BORDIEU VAUGHAN . I was formerly a lieutenant in Her Majesty's service, and am now a private—I am stationed at York—I have known the defendant about nine months—I have seen him write several times, and have not the slightest doubt these letters are in his writing, and this fourth letter also, with the post-mark of 7th July.
Cross-examined. Q. How many times will you undertake to swear you have seen him write? A. Perhaps twenty or thirty—I have seen him write in his own office, and have also received letters from him—I will pledge myself to have seen him write twelve times at all events—I have seen him write his name three or four times; once was in a coffee-house in the Strand—I have known the prosecutor six years, and have had one or two bill transactions with him—I have had some blank acceptances exchanged with him, but not very often, and he has borrowed money of me—I have never been at Rifle-cottage—I came from York a fortnight ago on this business.
EDWIN BLANCHARD . I was formerly clerk to Mr. Pugh while he had offices at the same place as the defendant—while there I saw the defendant write twice—I have also seen his writing, and am able to speak to it when I see it—I have not the least doubt that these letters are his writing.
Cross-examined. Q. Were you before the Magistrate? A. No; nor before the Grand Jury—I was first spoken to about giving my evidence two days ago—Mr. Pugh spoke to me—I have seen the defendant write two letters, I think, not more—I did not read them—I have also seen his writing about—I was in his office ten days—I think the two letters were posted; it is four months ago.
THOMAS COX . I am a tradesman of Southampton-street, Strand—the defendant had part of the same house—the Bedford Chambers—I have seen him write—these letters are, to the best of my belief, his writing—I have no doubt of it, as far as my belief goes.
Cross-examined. Q. Is the writing disguised? A. I think not, but I have only seen him write twice; once was an I 0 U, and once a short note—I give my evidence with great hesitation, as I do not feel very positive about the matter.
write receipts for commission—I have seen him write, and have seen letters from him—as far as my belief goes these letters are in his writing.
Cross-examined. Q. Are you equally clear as to each of them? A. More particularly to C and D—I cannot speak positively—I cannot speak positively to B; I speak more postively to A and C—I have the book here in which he signed receipts—here are four signatures—I have seen him write his name four times, and it is upon those four signatures that I found my opinion—these letters A, B, and C are signed "Felix Jones."
MR. KEMP. Q. Did you never see more of his writing? A. Two letters came from him respecting advertisements, about which I communicated with him afterwards.
THOMAS LAMPRAY . I live at 44, Paternoster-row, and was in employment at No. 21, where the defendant had an office—I only saw him write once, but I received one or two letters from him; I can hardly say whether these letters are in his writing.
The letters were addressed "To James Pugh, bill-stealer and forger, Rifle Cottage, Lower Norwood" and contained the following expression;—"Pugh, please to inform me of the address of Mr. Hope, of Piccadilly, as I mean to inform him of your discounting Lieut. Bennison's (64th Regt.) stolen bilk Capt. Stewart, of the 3d Buffs, and others, will prosecute you for felony. Mr. Pulling, of Skinner-street, Snow-hill, will give you in custody for stealing his window-curtains."—"To James Pugh, the informer, the perjurer, and who has been tried at the Old Bailey for that offence. He has also been remanded for forgery several times. He is now a fraudulent bankrupt, and has to be tried on the 3d July before Mr. Commissioner Fane. Rifle-cottage, Knight's-hill, Lower Norwood; turn over, Postman, read the enclosed for the information of inquirers and residents of Norwood." "To all whom it may concern.—Postman, caution the neighbours of Norwood as to the whereabouts of this rascal and swindler. He is also a bill stealer and informer. He has received 100l. from the Government for blood money in the remarkable case of the forging officers' commission and examination papers. I must refer you to The Times of July 28, and read the trial of 'Fitch v. St. George,' and then read the sworn cross-examination of the plaintiff and the defendant. Stubbs's Trade Protection Society will afford every information as to his past career and antecedents for the last ten years. He was formerly a hosier's apprentice, but he had no desire to live honestly. He has also lately been inquired for by the gentlemen of Scotland-yard, but unfortunately his victims are ashamed to have publicity given to their names, and prefer the loss to notoriety. He is in truth an arrant rogue, and warn the inhabitants of Norwood of such a villain. FELIX JONES."
JAMES PUGH re-examined. I do not know where McGwire lives, and have not known since December—I have not taken any steps to find him, with regard to this charge—I did try to find him to charge him with stealing some letters from my house, but not since June 2d.
Witnesses for the Defence.
PHILIP PAYNE . I have been a clerk in the General Post-office nineteen years—the defendant was a clerk there five or six years—I had daily opportunities of seeing him write—I have not seen these letters A, B, and C before—it is my firm opinion that they are not the defendant's writing, and the envelopes are not like his; his is smaller, and much neater; he was considered one of the best writers in the office—I sat close to him—he resigned his situation, and went to the Crimea during the war, and on his
return I resumed his acquaintance—I always found him a quiet tempered man, and a gentleman.
Cross-examined. Q. Did he resign? A. I have no doubt of it—he sat in front of me, and I have seen him write letters daily—I have a letter of his in my pocket by accident, in which there is a great difference.
COURT. Q. Just look at that? (The fourth letter) A. That appears to me as if it was his writing—I am not certain about this envelope, but believe it is not his writing.
WILLIAM JAMES FRANCIS EDWARDS . I have been a clerk in the General Post-office nearly ten years—the defendant was also a clerk there—I do not see anything to lead me to think that these letters or the envelopes are his writing—I was engaged in the same department, and saw him write answers to reports—I have seen him sign slips, and also the attendance book—I am aware of his resigning to go to the Crimea, and have seen him since his return—we have always been friends, and I have had letters from him—he always occupied a respectable position, and his dealings with me have been satisfactory.
Cross-examined. Q. How long is it since you had a written communication from him? A. I had one yesterday, and one three months ago, but I have not seen him write since he left the post-office—I do not perceive any likeness to his writing on these envelopes.
COURT. Q. What do you say to this? (The fourth) A. That more resembles his writing; I think it is his, and these other letters are his writing.
HENRY BLASSON . I am preparing for the medical profession—my father is a surgeon—I have known the defendant two years—I have had letters from him, and seen him write—I cannot recognise these three letters or their envelopes as his, and I do not think they are—I have heard nothing against his character.
Cross-examined. Q. How often have you seen him write? A. About three times, but I really never took much notice of his writing—I do not know McGwire—I do not know that the defendant lived at Princes-place; he lived at Beaufort-buildings when I knew him—I never went there, but we have been out together.
COURT. Q. Look at this letter and envelope? (The fourth) A. I do not know it at all.
CHARLES CLARK . I am a surgeon out of practice, and live at 42, Winchester-street, Pimlico—I have known the defendant six or seven years—I have seen him write once or twice, and have received letters from him and communicated with him upon them—I should say that these three letters are not his writing, nor the envelopes.
COURT. Q. Look at that envelope? (The fourth) A. That is more like his writing, but I cannot swear to it; it is not in the usual way which he writes.
MR. PEARCE. Q. Look at these three and the envelopes. A. They are more unlike his writing than the others, and in my belief they are not at all like his—I never knew anything derogatory to his character except from his enemies.
Cross-examined. Q. In what way is it unlike his writing? A. I go more particularly by the capital letters.
MARY COUNSELL PALMER . I am the wife of Edward Palmer, an ironmonger, of 42, Princes-street, Leicester-square—I have known the defendant ten years—I have seen him write frequently, and have received letters from
him—I do not believe these letters A, B, and C are his, or the envelopes—I cannot speak high enough of him; he is the most honourable, most gentlemanly, and most respectable person that I ever had to deal with.
Cross-examined. Q. Look at this letter, is this in his writing? A. No; nor is this, nor this—I do not see the least resemblance, nor in the envelopes.
MR. PEARCE. Q. Do you observe any difference in any one of these four letters from the others? A. Yes, I think there seems to be a little difference in this one, but all the others I see no difference in.
EDWARD OWEN . I am publisher of the Civil Service Gazette, 67, Strand—I have known the defendant eighteen months—he has been engaged for that paper by me at various times—I have seen him write—I do not think these letters A, B, and C are his writing, and I cannot say that the other is—I was examined before the Magistrate, and after hearing my evidence they did not want me any more—I have seen the defendant write his name, and to the best of my belief the "Felix Jones" to these letters bears no resemblance to his writing.
Cross-examined. Q. Did you ever know him sign his name "Felix Jones"? A. No—I have seen him write once in my office and his address once, and have had communications from him in writing.
COURT. Q. Just look at that letter? (The fourth) A. I cannot see any resemblance in it to his writing.
The prisoner received a good character.
GUILTY — Confined Six Months. and to enter into recognisances to keep the peace.
CAROLINE WILLIAMS . I am the wife of James Williams, of 129, Surrey-lane, Bermondsey—these two shirts and three ornaments are his—I left them safe in the front room first-floor at 2 o'clock on Sunday morning—the window was closed and all safe—at 4 o'clock the policeman called me—I found the window wide open, and missed the articles—I saw them in the possession of the police about 10 o'clock.
LOT SAWYER (Policeman, 175 M). I stopped the prisoner in the Old Kent-road about 4 o'clock on Sunday morning—I searched him, and found these two shirts and the ornaments—he said he had them from Mrs. Stracy on Saturday evening—I saw the prosecutrix identify the articles.
GUILTY .—He was further charged with having been convicted on 9th May, 1860, at Southwark; to which he
PLEADED GUILTY.**†— Six Years' Penal Servitude.
Before Mr. Common Sergeant
MR. ORRIDGE conducted the Prosecution.
MARY ANN STANTON . I am assistant to Mr. William Barker, a draper, of 152, High-street, Southwark—on Monday, 6th July, about 12 o'clock, the prisoner came for some black beads—they came to 4 3/4 d., and she gave me half a crown—I gave it to Mr. Barker, and a policeman was afterwards called in.
WILLIAM BARKER . I am a linen-draper, of 152, High-street, Borough—on 6th July, the last witness gave me a half-crown—I examined it, and found it was bad—I sent for a policeman—I asked the prisoner where she got it, and she said a gentleman gave it to her last night—I asked her where she lived, and she said she had no home.
JOHN BROWNING (Policeman A 505). On 6th July, the last witness gave the prisoner into my custody, with this bad half-crown (produced)—she gave the name of Mary Ann Brown—she was taken before the Magistrate and discharged on the 8th—I found 2d. upon her.
WILLIAM TOM ILLSLEY . I live with my father, who keeps the Woolpack, Gravel-lane, Southwark—on 16th July, the prisoner came in for a glass of ale and a biscuit, and offered me half a crown in payment—I put it in my teeth, found it was gritty, and gave it to my father.
WILLIAM JOAN CLEMENTS (Policeman, N 84). The last witness gave the prisoner into my custody, with this bad half-crown (produced)—I took her to the station—a purse and two halfpence was found upon her—she gave the name of Mary Ann Smith.
GUILTY .— Confined Six Months.
MR. PATER conducted the Prosecution.
THOMAS PUGSLEY . I live at St. George's-terrace, Paxton-park, Sydenham, and am a plate-layer on the permanent way—on 12th July I was going towards London-bridge Railway-station, and as I was passing near where St. Thomas's Hospital used to be I met two women—the female prisoner is one of them—one of them, I believe this one, asked me to treat them to two bottles of ginger-beer—I pulled out some coppers to pay for three bottles, and a sixpence fell out on the ground—this woman poured some dust over it—I went to take it up, and she took the dust and sixpence up together—I asked for the money several times, and then the male prisoner came up and pushed me down, and kicked me on the head and face when I was down—I have a mark there now—I had my watch before I was thrown down—I was rendered insensible, and taken to Guy's Hospital, where my wounds were dressed—my head bled very much in several places—when I came to, I missed my watch—I am quite sure it was the male prisoner who knocked me down.
David Gardiner. Q. Did you hit this woman in the face with a glass? A. I did, accidentally—she kicked me when I was down—I knew her by her features and her voice next morning,
MR. PATER. Q. Explain about hitting her in the face? A. She would not give me my sixpence, I had a drop of beer left in the glass, and I thought, to get away, I would throw this beer over her; she held her head down, and caught the glass on her head—it hit her on the forehead, and broke the glass—this was from ten minutes to a quarter past 1 in the morning—it was dark.
CHARLES ALLBUTT . I live at 4, Fair-street—on 12th July I saw the prisoners and the prosecutor at the corner of Thomas-street—they were kicking him in an unmerciful manner—I went up, and said what a shame it was, and the female prisoner hit me with something in the forehead—it felt like a door-key, and the male prisoner hit me also; a mob collected, and I went to look for a policeman—I was covered with blood—here is the scar now.
David Gardiner. Q. Did not Waterlow come up with you? A. No; a
stranger—he came, and said there was a man being murdered at the corner of Thomas-street, and I told him your wife had done it—he did not take her; he ran down to find you.
JOHN FERRELL (Policeman, M 163). From information I received I took the prisoners into custody—I told the male prisoner I should take him in charge for knocking a man down in Thomas-street, and robbing him of his watch—he said, "It is rather a serious charge, is it not?"—I said, "Yes"—he said, "Well, this is what I have got for looking on; I merely pushed him."
COURT. Q. When did you take him, and where? A. The same morning about half-past 5, in George-street, Kent-street, and his wife too—I saw Allbutt's face bleeding.
David Gardiner's Defence. I walked with my wife from Kingslandgate to Thomas-street, and there we stopped to rest, as my wife was exhausted—I saw the prosecutor with a female go to the ginger-beer stall, and he hit her in the face with a glass—she ran to where we were, and I put out my hand to prevent his hitting her again. I then left my wife at the corner, and saw the prosecutor lying down; he had been kicked. I turned back, and my wife was gone. I walked down the Borough, and met a policeman, and then saw my wife leaning against a wall. I asked her was the matter, and she said some one wanted to give her in charge for striking a man with a knife. I said, "Stuff, come home." We went home, and about half-past 5 in the morning a policeman came to our house, and told us the charge. I said it was a serious charge, but we knew nothing about it. We were taken to the station, and the prosecutor came in. The inspector asked him if he knew us. He said he did not know me, but he thought that was the woman, but if it was her she had a light dress on and a black shawl. The inspector asked the ginger-beer man what he knew about it. He said he saw me and my wife standing together, and he saw me put up my hand, but whether I hit the prosecutor or shoved him he could not say, and the inspector said on that evidence it was useless for him to book the charge. A sergeant then came in, and said, "If you don't intend to press the charge, I shall on my own account," and we were locked up; we were remanded for a week, and then committed to Croydon Assizes for highway robbery with violence; we were there honourably acquitted, and then committed here for a common assault.
JOHN FERRELL (re-examined). I did not make any charge against the prisoners at the station—I took them into custody on suspicion, and then the prosecutor identified them—it is quite false that the inspector refused to take the charge—no sergeant came up, and said he would press the charge himself—I gave evidence at the trial at Croydon for robbery with violence—they were acquitted on that charge, and the judge ordered them to be committed immediately for the assault.
ANN GARDINER— GUILTY .*— Confined Twelve Months.
DAVID GARDINER.— GUILTY .*— Confined Eighteen Months.
MR. CLARK conducted the Prosecution.
MARGARET KITCHEN . I am the wife of James Kitchen, of 11, James street, Union-street, Borough—I know the prisoners—Williams took a room of me somewhere about February, and Harriss came the same day, and lived with her up to the time the policeman came, and I pointed out their room to him
—he found a paper parcel in the cupboard—I saw it opened—it contained some kind of money.
Cross-examined by MR. ORRIDGE. Q. What is your husband? A. A labourer; he works in the City in the tea way—I do not know the name of the place—there are two other lodgers in the house—sometimes I have a room empty—persons do not come there for an hour or two at a time—I have lived there between ten and eleven years—I occupy the back parlour and the front room—the prisoner's was the back room one storey.
MR. CLARK. Q. On 21st July was there anybody living on the first floor besides the two prisoners? A. A young person occupied the front room first floor, but she was out at the time.
FLORENCE M'GILLICUDDY (Policeman, L 142). On 21st July, about 12 at night, I took Harriss—he afterwards told me he lived at 11, James-street—I went there with 256 M and saw Mrs. Kitchen—she took us to the back room first floor, where Widderson found a parcel in the cupboard—I opened it—it contained seventeen packets—I carried them down and opened them all in the landlady's room—they each contained counterfeit money—nine of them contained ten half-crowns each, one seven half-crowns, and seven contained ten florins each—I opened one of the packets at the station in Harriss's presence, and told him I had found it at his lodgings—he said that he knew nothing about it—at that time I saw Williams outside the station and took her in custody—I told her I had found the counterfeit coin at her lodging, and asked her if she knew anything about it—she said that she did not—she said she had had her dinner at 8 o'clock, and she and Harriss then left their lodging.
Cross-examined. Q. Did you take her the same night? A. It was about half-past 2, but in the same night—Harriss was taken at 12—the room door and the cupboard door were unlocked—I do not know much about the house—Mrs. Kitchen is a cabman's wife—I believe he drives for somebody else.
Cross-examined. Q. Do you know the neighbourhood? A. Yes; pretty well—it is very low—Mrs. Kitchen's house is a brothel.
MR. CLARE. Q. Be cautious: how long have you been in the force? A. Eight years—I do not know the house to be a brothel, but I know that several different people live in it with girls, and occupy one room.
GUILTY —HARRISS.*†— Three Years Penal Servitude. WILLIAMS.— Confined Eighteen Months.
ADJOURNED TO MONDAY, SEPTEMBER 21ST 1863.