CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 21ST, 1863.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers in the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, September 21st, 1863, and following days.
BEFORE THE RIGHT HON. WILLIAM ANDERSON ROSE, M.P., LORD MAYOR of the City of London; Sir JOHN BARNARD BYLES, Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS CHALLIS, Esq.; THOMAS QUESTED FINNIS, Esq.; and Sir ROBERT WALTER CARDEN, Knt., Aldermen of the City of London; RUSSEELL GURNEY, Esq. Q.C., Recorder of the said City; WARREN STORMES HALE, Esq.; JOHN JOSEPH MECHI, Esq.; JAMES ABBISS, 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.
JAMES CLARKE LAWRENCE, Esq. Alderman.
FREDERICK FARRAR, Esq.
JOHN MACKRELL, Esq.
CENTRAL CRIMINAL COURT.
ROSE, MAYOR. ELEVENTH 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, September 21st, 1863.
Before Mr. Recorder.
MESSRS. SLEIGH and BESLEY conducted the Prosecution.
EDWARD MERRY . I am clerk to Mr. Austin, one of the messengers of the Bankruptcy Court—I produce the papers in the defendant's first bankruptcy; also in his second bankruptcy in May, dated 27th May, 1863—the petitioning creditors are John and Issac Wilson—I have also the adjudication of bankruptcy signed by Mr. Commissioner Fane on the same day, and the appointment of Isaac Wilson as trade assignee on 23rd June—the bankrupt did not surrender on that day—I have the certificate of the Commissioner to prosecute, on 8th August—the amount of debts proved on 22nd July, including Messrs. Wilson's, was about 740l.—there are no accounts filed.
Cross-examined by MR. RIBTON. Q. Did you go to his place of business in Southampton-street? A. I did, and heard that he was abroad—the creditors at the first meeting were, "John and Isaac Wilson, 299l. 3s. 11d.; Taylor, 439l. 1s.; Myer, 120l. 16s. 1d.; Spores, 14l. 11s. 4d.; Buckingham and Slater, 85l.; Nettlefold and Sons, 47l.; Bower, Blanchard and Co., 25l., Bower, 51l.; Dear, 13l. Good and Law, 30l."—there is nothing represented on the other side as assets—the first meeting, of creditors was appointed for 22nd or 23rd June—I am not aware that the bankrupt was in custody then—I saw at the place at Southampton-street Mr. Toovey, who purchased the business—I asked him if the bankrupt was there and, sought to get information from him relative to Mr. Behrens—I do not know how long Toovey had been in possession at that time.
JOHN HARRISON . I am cashier to the petitioning creditors, John and Isaac Wilson, and live at their establishment at 116, Wood-street—they are wholesale hosiers and warehousemen—I know the prisoner—on 16th April I saw him at my employers' premises—his account was then overdue—he had then returned from Cologne—I called his attention to his account, stating that we should require it to be settled—he said he would call in a day or two—he did not call—I next saw him at Southampton-street, Camberwell, I believe, on Monday, 27th or 28th April; no, I must correct myself, it was on 6th May—I saw him in bed—I had not been there before—I told him I had come for the account; I was very much disappointed that he had not called according to promise—he said he expected to get some money—he complained of being very unwell—he seemed to be very ill, but I think
it was assumed—I may, perhaps, be out in the date a day or two—I swore an affidavit in bankruptcy—I can't give the exact date when I saw him in bed at Camberwell; it was on the Monday or Tuesday following the 26th or 27th April, because I find that on 6th May he was gone—I did not notice the state of the facia over the shop on 6th May—I afterwards saw that the name was painted out, and no name was up—I saw Mr. Toovey there—I had several conversations with the prisoner about the state of his account—an account had been rendered to him—he made no objection to its correctness—it was 299l. 3s. 11d.
Cross-examined. Q. How long had he been dealing with Messrs. Wilson? A. The first parcel was bought on 2nd November; it came to 19l. 8s. 2d.—the aggregate amount received from him has been about 260l.—the last payment was on 30th March, 24l. 1s.—there was a payment of 50l. on 13th March, and 50l. on the 18th—I did not know that he was going to sell the business in Southampton-street; he never said so to me—I never heard him say so to Messrs. Wilson—I swear that; it never came to my knowledge until he was gone—I never knew that he was about to sell it—it was an ironmongery and tin ware business—we did not know that the goods supplied were not going to that shop—he told me the goods were for the German trade—he did not tell me he was going into Germany with the goods and get orders for them; he said they were for his customers over there—it was not in November that he told me that; it might be in the beginning of the year, January—he said he was going abroad with them—he told me he was going over to the fairs in Germany—I don't remember that he mentioned any particular fair—he might have mentioned Leipsic—I will not swear he did not—he told me on 16th April that he had been there—the last purchase before 16th April was on 13th March—he paid 24l. 1s. on that day—the amount of the order that day was 29l. 14s.—I do not serve in the warehouse—I saw him on that day—I can't say whether Mr. Wilson saw him; I don't suppose he did—he did not then tell me that he was going to Germany with these goods—he told me, on 16th April, that he had been to Germany—he did not say the market was not as flourishing as he expected—he said nothing about his success or want of success—he said he should go over again in the course of a few days—I do not remember his telling me, when I saw him at his own house, that if it had not been for his illness he should then have been in Germany—I will not swear he did not—I don't think I said anything to him about Germany—I mentioned the account—he said he had been disappointed in some remittance—he never told me that, instead of selling a large quantity of goods, as he expected, he had only been able to sell 25l. worth—he did not tell me that there were other kinds of goods which he found more suited to the market, which he intended to take over with him when he returned—I did not see him on all occasions when he called—the salesman in the house took the order from him—there may be a dozen salesmen—they are not here that I am aware of—I was not present at any convenation between Mr. Thomas Wilson and the prisoner after his return from Germany—I never heard Mr. Wilson say that he had not expected him back for three months—the last payment was on 30th March—nothing was paid in May; he was gone on 6th May—there is a person named Saunders in our employment—this receipt for 50l. (produced) is dated 13th March, not May—that is Saunders' writing.
WILLIAM SOUNDY . I am a shipping agent at 28, Mincing-lane—on 27th April last the prisoner came to my place of business—I had not known him previously—he asked me to take charge of certain packages, and send them
to Rotterdam on his account—he told me they consisted of cocoa-nut matting to the value of 130l., and sundries value 20l., and two other cases—he showed me a card with the name of Behrens—he told me that he was Behrens' man, that Behrens was unwell, that Behrens had been in the habit of attending to these things himself previously, but, in consequence of his illness, he had been sent—the vessel loads in the stream and starts from St. Katherine's wharf—I saw the prisoner at the wharf at a later period of the day—while he was there a cart and van brought twenty-nine bales of matting, and two other packages—there was some delay in their arrival, and he was very anxious about it, and I took a great deal of trouble with him in running to and fro to see what had become of them—when they were on the wharf he gave me instructions to ship them at once—he said, in the event of their not being shipped that evening, he could not go back to face Mr. Behrens; he would sooner jump into the water, for Behrens was a great blackguard, and owed him money, some 300l. I think he said, and that was the only reason he stayed with him—he told me that he was going by the boat with the goods, and asked me what time she would leave, and what hour it would be necessary for him to be at the wharf; he then left, and I saw no more of him—that was the only transaction I ever had with him—he did not pay the freightage—I settled the charges on the goods in the usual manner, 2l. 3s. 1d. 1—they were consigned to J. Wolsach, of Cologne, through Rotterdam—I can't tell the weight of the goods; it required a van and a cart to convey the property.
HENRY WEBB . I am one of the detectives of the City of London—I first received instructions with reference to the prisoner about the 10th or 11th May—I went over to his place in Southampton-street, Camberwell—I found the name of Toovey over the door; it appeared to have been recently painted up—on 12th June, armed with a warrant from the Commissioner of Bankruptcy—I went abroad—on Tuesday, 23rd June, at a town called Ehrenfeld, near Cologne, I saw the prisoner at a public-house—he had not so much whiskers then as he has now; they were just sprouting out—he was first spoken to by a German officer—I could not understand what he said to him—I told him I was an officer from London, and that I held a warrant for his apprehension for absconding from London and defrauding his creditors—he said, "Oh, nonsense, that can't be; I was coming over tomorrow to settle with them"—I raid, "That appears very curious to me, for you were at Gravesend on Sunday, the 21st—he said, "Oh, well, I was coming over to settle with them to-morrow"—he was then taken to the burgomaster's office, and there I searched him—I asked him whether he had any other property; he said "no"—I asked what he had done with the proceeds of the property he had brought from England—he said he had not got a shilling in the world—I asked him where he lived—he told me at No. 6, Cecil-street, Ehrenfeld, which was two or three streets off the public-house where I found him—on searching him I found twenty-three thalers and a silver watch, which I returned to his wife, because she had no money—I went to Cecil-street, where he directed me, and in a top room, which had been fitted up with boarding and shelves, I found eighteen rolls of cocoa-nutmatting, three pieces of Dutch carpet, and a quantity of other things—I have an inventory of them—it was made in my presence—I assisted in making it. (This was read in part; it consisted of carpet, mats, hearth-rugs, railway-wrappers, opera and race glasses, coloured silk handkerchiefs, scarfs, and other goods) I received six bills of exchange from his wife at the same time—I gave them up to Mr. Gammon, the solicitor—these (produced) are four of them;
two have since been paid—the prisoner was taken by the police to the prison at Ehrenfeld, and I saw him there—I told him I had found the goods—he asked me what I had done with them—I said I was going to send them to London—he said that was quite right, for all the goods I found at his house were the property of his creditors in London—while I was in the prison with him he said, "I have got a gold watch and chain if I tell you where it is will you let me have it?"—I said no, I could not do that, because it became the property of the creditors—he said, "Then I shall not tell you where it is"—I afterwards discovered where it was, and took possession of it, and brought it to England—I have it here—I asked him where the books of account were—he said they were in possession of Mr. Toovey, of Southampton-street, the man he sold his business to—I have two bank-books, which were given up; they represented money deposited in that town, and that money I got out and took possession of—I also recovered a quantity of mats deposited with a person of the name of Walsach, which I sold for 19l. 5s. 7d. less 1l. 17s. discount—here is the invoice of them—I did not bring any of those back; I brought back all that I found in Cecil-street, and have shown them to Mr. Bowen, Mr. Seyd, and Mr. Bennett—I produce sundry papers and documents which I found in Cecil-street—on the voyage home in the Batavier the prisoner said he was glad I had not found the watch—I said, "Are you?"—he said, "Yes, because my wife has got it I believe"—he was not correct in that, because I had got it—I produce an agreement for the house in Cecil-street—the prisoner stated, "I came over here, and I have taken this house in Cecil-street for three years, and had it fitted up and the gas put up.
Cross-examined. Q. Do you mean the whole house? A. Yes—this agreement is in German; it has been translated—I received 94l. 10s. from the bank—I went to Mr. Moss, the landlord of the public-house where he was stopping; he used to dine there—I got the books there—I suppose these invoices were made out by the prisoner—I had this one from Walsach—the other invoice that is appended to it is "Behrens bought of Bennett"—I did not know where the prisoner was till I got over there—I had a little hunting about before I found him—I knew he was somewhere in Germany—I went to Mr. Soundy, and found from him that the goods were consigned to Mr. Walsach, of Cologne—he was only the purchaser of a portion—it was not the information I received from Mr. Soundy that caused me to go in that direction, it was information from other persons—I did not take down the conversation in writing, I am trusting entirely to memory—there were a great many conversations between the prisoner and the German officer—he took it all down in writing—he is not here—the English Consul was present all the time—he is not here—I saw Mr. Toovey at the place at Camberwell; his name was up—I asked Mr. Toovey about it, and he told mo he had heard he was at Liverpool—the prisoner told me that he had sold his business for 200l. to Mr. Toovey—I found some cards on him—this is one.
THOMAS FRASER TOOVEY . I am an ironmonger, of 2, Southampton-street, Camberwell—previous to the 6th May I had been some years out of business—I saw the prisoner about September or October last, and had some transactions with him in purchasing articles at his shop as a customer—I am now carrying on the business that he was then carrying on—I first had conversation with him about taking his business some time in April, I should think previous to the 15th—I negotiated with him on that and other occasions, and it resulted in my becoming the purchaser on 5th May—he was not in Camberwell at that time—I was aware of his leaving London, and I understood from his wife that he had gone to Liverpool—the last time I saw him at
Camberwell was on 27th April—on 5th May, when I settled with his wife, I gave her four bills—these produced are three of them—the first bill was for 40l. at ten or fifteen days, and the others for 20l. each at four, eight, and twelve months—the one at ten days I have paid to the assignees—I paid 100l. for the business—when I accepted the bills I gave them to the prisoner's wife, and I subsequently received this document from her, I should think ten days or a fortnight after I had given the bills and been in possession of the business—I caused my own name to be put up—the prisoner had told me that he could make more money by travelling on the Continent, by purchasing things in England and selling them there as a commercial traveller—on 27th April, the last time I saw him in London, he had a beard, about the same that he has now.
Cross-examined. Q. When was it he told you that he could make more money by travelling on the Continent? A. About 20th April; that was the first time—the business I bought was ironmongery, tinware, and brushes; no silks or soft goods—it was his wife who finally negotiated the sale with me—I gave the bills to her, and asked her for a receipt—she said she would send to her husband for it—she did not say he was abroad, nor was I aware of it till I was told by Webb.
MR. BESLEY. Q. When you took the business did you have the bankrupt's books? A. I never saw a book belonging to him—I received no books of account from him.
MR. RIBTON. Q. Did the negotiation about the sale begin as early as February? A. No; he first mentioned it to me in April—I am quite sure of him that—I did not hear of it by an advertisement—I had been dealing with him for private matters since last October or November—this receipt was written by me, and signed by the prisoner; it does not purport to be a receipt for cash; it is for the bills, for 100l.—the bills were given for that—I did not see him after I gave the bills till I saw him in the dock at Guildhall.
MR. BESLEY. Q. The receipt refers to a schedule, was any schedule made? A. Nothing more than a sort of list or inventory of the few things that were there—the sale was concluded by the wife, and then she left.
KIRBY BOWEN . I am a warehouseman in partnership with other persons, formerly at 42, Gutter-lane, now at 41, Gresham-street—the prisoner dealt me for goods in the present year—on 2d April, he bought silk scarfs and lustres, and on 17th and 19th April, to the amount of 90l. altogether—he made a payment of 15l. or 16l. on 16th April—he had goods subsequent to that payment—I have seen the eighteen dozen and nine scarfs, and other property, which Webb brought back from Cologne—those goods were sold by me to the prisoner in April—the value of those scarfe is more than 10l.
Cross-examined. Q. When did he begin to deal with yon? A. The 2d. April was the first transaction, and the last was on the 19th; there were five transactions altogether, the first gross amount of which was 90l., and 15l. was paid—he told me on one occasion that he was going to take the goods to the Leipsic fair—I should say that was about the middle of April; when he had the largest quantity of goods—I sold them to him with a knowledge that he was to take them to Leipsic fair—I have been there myself; I did not have a long conversation with him—I told him I had been there, and could not do any business—I did not say, "A man like you that can speak the language will do well there"—I speak the language myself—I did not say he would do well there, or that I should be glad to open an account with him—I found in conversation that he was dealing with Messrs. Wilson and other houses—I did not tell him that those other houses had to buy from
us—it is a fact that other houses do buy from us, not Messrs. Wilson—I did not say if he had come to us before he could have saved a good deal of money—he might have done so; we should have sold to him at the same price we sold to the other houses—I think Leipsic fair takes place in the beginning of May and September—I said nothing about the amount of goods he ought to take from us; I said nothing about 200l. worth—I did not seen him after his return from Germany, nor did he tell me that trade was slack—I never saw him after the 17th April—I do not think he had interviews with other persons in our establishment—he usually spoke to me.
WILLIAM SEYD . I carry on business in partnership with another gentleman as a wholesale optician at 69; Hatton-garden, and have had four or five transactions with the prisoner mince November—I had transactions with him on 17th February and 13th March—on 17th February I sold him goods to the amount of 24l. 1s. 6d., and on 13th March 5l. 18s. 6d.—I have since seen a portion of those goods in the possession of Webb; one stereoscope, and twenty-two opera and race-glasses—they were of the value of more than 10l.
Cross-examined. Q. When did he first begin to deal with you? A. In November—the whole amount he paid me was about 50l.—he owes us 30l. now; he paid up to 17th February—I did not know that he was travelling on the Continent; I don't think my partner knew it—he mentioned casually that he was in the habit of sending goods abroad; I don't know where to—I understood that the goods he bought of us were for foreign sale; that they were to be sent abroad—he never told me that he himself was going with them—I have not got my books here—I did not know that he was going to sell his business at Camberwell.
JOHN BENNETT . I was formerly in partnership with my brother in Pittstreet, Old Kend-road, as cocoa-nut manufacturers—I have left the concern; my brother has the books—our first transaction with the prisoner was about twelve mouths ago—we had several transactions with him between that date and 14th February—on 14th February I sold him five pieces of cocoa-nut matting, to the value of 15l. 11s. 8d.—in April I sold him mats and rolls of cocoa-nut matting to the value of about 30l.—he paid for that in cash—an acceptance was then running, and about 10l. was also owing—I have since seen part of the cocoa-nut matting in the hands of Webb—it was the same I had sold to the prisoner—some of the rolls had been cut open, others were in the original packages—the value of the matting I saw was about 30l.—some of that matting had not been paid for—I also saw two or three mats—I could not speak to them—the last date at which I sold mats to the prisoner was in April; those he paid for.
Cross-examined. Q. Are you able to swear that any of the matting that Webb showed to you had not been paid for? A. Some of it had not; I should think between 20l. and 30l. worth—I recognised it—the 30l. the prisoner paid me was for mats, and perhaps a piece or two of matting—I can't say the gross sum he paid me—I should think he has paid about 40l. or 50l. in cash during the whole twelve months, exclusive of the 30l. I have spoken of; that would be 70l. as far as my memory serves me—I am a creditor for nearly 40l.—I knew the prisoners house in Southampton-street—my brother had a few goods from there; I never had any—I did not know that the goods purchased from me were for the Continental trade—that was never mentioned to me—I did not know that he was selling his house in Southampton-street—he used to retail the goods there—I know that, because I have seen the matting there, and seen some of it cut, during my casually
calling upon him—I believe I once bought two or three silk handkerchiefs of him for my own use—I have no memorandum of his paying me 23l. 10s. 11d. on 5th February—he sometimes paid by bills—this bill for 23l. 10s. 11d. (produced) was paid on 5th February—I have not my books here, and cannot say whether he paid me more than 75l.—it might have been a little more—(looking at another bill) the year is erased in this bill, it is for 22l. 16s. due on 24th April—it might have been 1862 or 1863—I presume it has been paid—(The portion containing the date was produced) this is 1863; according to this in 1863 he paid me 70l.—I think his transactions in 1862 were not so large—I dare say he paid me a little—I don't think he paid me 200l. altogether, nothing near it—I don't think it was above 100l., if it was that; but I really cannot recollect—my brother has the book—he is not here—I have been out of the business nearly three months—I was not requested to bring the books here; I could, no doubt, have got them from my brother if I had asked him.
MR. BESLSY. Q. When he came to you in April was there 10l. due, besides bills running? A. There was a bill of about 24l. or 25l., and a balance of 10l.—I think he sometimes renewed bills in part—this bill of 24th April was paid—this (produced) is the invoice for the mats for which he paid me 30l.—I did not see those mats again—I conducted that transaction, and delivered this invoice to him.
MR. RIBTON. Q. You have proved your debt in bankruptcy. A. I don't think we have—I have not; my brother may have done go—nearly 40l. is now due to us.
CHARLES WALTER BURTON . I am an auctioneer in the Broadway, Ludgatehill—I have known the defendant about two years—my first transaction with him was about 6th June, 1861—I have had about twenty-seven transactions with him—in every instance but one goods were deposited with me by him, and I made advances upon them, and afterwards sold them by auction—they were hosiery goods, silk handkerchiefs, scarfs, umbrellas, carpets, matting, brushes, and a variety of others—I have my book here—on 13th January, 1863, he deposited goods which were sold on 29th for 147l.17s. 6d.—on 1st February he deposited goods which were sold on 15th March for 530l.—on on 17th, 18th, and 24th March, goods were deposited, and sold on the 26th for 1532.—on 31st March some woollen shirts were deposited, but not then sold; they were sold afterwards—on 30th March and 1st April goods were deposited, and sold on the 7th for 179l.—on 20th April he deposited some silk scarfs, delaines, and prints, which were sold with the woollen shirts to which I have referred, on 7th May for 163l.—the total amount of sales of goods was 1112l. 17s. 6d. from January 13th to May 7th—there was a balance due on the last sale, for which I have not accounted—I think the last time I saw the bankrupt was on the 20th April; it might be after that—on the last occasion he redeemed some cocoa-nut matting which he had deposited for an advance of 45l.—it was taken away from my premises about 20th April in a cart—I have not seen them since, but I should not know them again—the money was paid on the 20th, but they were not had away until a few days afterwards—the bankrupt told me that he was paying advances to other persons upon these goods, and that to carry on his trade he wanted further advances upon them.
Cross-examined. Q. Sometimes they were damaged goods, were they not? A. Some of them may have been; some were a little soiled—he did not tell me that he was in the habit of receiving them from wholesale houses to sell, and that he had his commission on the sale—he did not apply to me
to sell his business in Camberwell—he one day asked me to write an advertisement for him to dispose of it; that was in the early part of this year; it might be February or March—he gave me the money for it, and I sent to the Times with some advertisments of my own—on 20th April he paid the 45l., the sum he had borrowed on the matting, and the interest, warehousing, and insurance—I charged him 1¼ percent.—this sort of thing is very common in the trade; I advance money to a great many persons upon goods that are afterwards sold—it is done for all manner of persons; for wholesale houses, jobbers, and retail houses—the prisoner was present at every sale, and bought in the goods when they did not fetch as much as he thought they should—I knew he was carrying on the business of an ironmonger in Southampton-street—this dealing was quite apart from that business—I knew that he had been on the Continent—he told me so, and I saw him once when he came back—he told he was going to Germany with the goods to sell them—he did not enter into details—he told me he was going again—he did not say he had come back to get more goods—he did not ask me if he sent goods over from the Continent whether I would sell them for him—I did not know the houses he was dealing with—I think the goods fetched very good prices—I only advertised his business once—I don't recollect his telling me that he had sold it—he did not tell me he had sold it to Mr. Toovey—I am not certain that the first time I heard that was not at the police-court, but I cannot recollect.
MR. BESLEY. Q. You speak of a payment of 45l. on 20th April, did not you make him an advance on the silk scarfs that day? A. Yes—he had 75l. on 20th April—I did not hand him the difference, 30l.—he paid me the money, and then I paid him the 75l.—I should say it was at the same time—I generally paid him by cheque, and he paid me in cash.
A translation of the agreement for the house of Ehrenfeld was put in, and read.
ISSAC WILSON . I am trade-assignee under the prisoner's bankruptcy—I have not received any books or papers from him relating to his affairs—I have not seen the bank papers that Webb brought from Germany—I have not received any information from the bankrupt with reference to his affairs—I am a creditor for 300l.
Cross-examined. Q. Have you your books here? A. The ledger is somewhere in Court—you can examine it if you like—I did not know that the prisoner was in the Continental trade; I never heard it—I am in partnership with my brother John—he lives at Nottingham—I seldom or never saw the prisoner, and my brother never did—it was Mr. Harrison and the salesmen in the warehouse who saw him.
GUILTY .— Confined Eighteen Months.
MR. ORRIDGE conducted the Prosecution.
HENRY BENBOW . I am a wholesale perfumer, in partnership with my father, in Little Britain—Sparkes, who has pleaded guilty, was in our employment about seven years, as a working man—I do not know Gent—he is not a customer of ours—on the morning of 6th August, in consequence of something that was said to me by detective Smith, I went to Gent's place—I saw him there—Smith said to him, "We have come about some fat that you bought from Sparkes last night"—he said he had not bought any—Smith said, "Be careful what you say. We are police-officers, and this is
Mr. Benbow, whom Sparkes is employed by, and Sparkes is in custody"—he still said he had not bought anything from him—on opening a door to go to the back of the premises, I saw this tin (produced)—I said, "Why, this is our tin!"—Gent said, "Oh, yes: I bought that last night of Sparkes. I gave him sixpence a pound for it"—it is worth a shilling a pound at least—it is grease now—it is not in the state in which it left our place—it was what is called "spent pomade" when it left our place—Smith then asked him if he had any other tins on his premises—he said no, he had not—he said, "We must search your premises"—I went with him, and we found about a dozen tins, some of them exactly the same as this one—the prisoner then called his wife down, and said, "Here are some sheriffs' officers come about that matter of Sparke's last night"—Smith said they were not sheriffs' officers, they were detectives—Smith then asked her some questions, and the prisoner told her to hold her tongue, and not answer—Smith asked the prisoner if he weighed the fat when he bought it—he said he had not, there was thirteen pounds—he said he knew Sparkes was in our employment and had known him some time—we have a great many cans of this sort in our place, which are sometimes full and sometimes empty.
Cross-examined by MR. TINDAL ATKINSON (with MR. KEMP). Q. Where are those cans made? A. These, I should imagine, were made in England; these other cans come from the south of France—these sort of cans are used in the trade by other persons, not in great numbers—we very seldom see a tin of this description—I may have seen others like these—there are many persons engaged in the trade, and a great deal of that sort of fat used,—this has been altered since it left our premises, it was then "spent pomade,"—the pomade that we get the perfume from, comes from the South of France in cans—the perfume is extracted from the fat, and the remaining fat is called spent pomade—we use it for pomade, and put it into other cans—it is worth at least Is a pound as spent pomade—it is not sold as low as 8d. or 6d.—I do not know a person named Peters in the trade—we sometimes sell it at 1s. 6d., 2s., and 2s. 6d. a pound—there is always a certain amount of perfume left in it, and it varies in price according to the perfume which may be in it—I believe Gent carries on business in my line—I never heard of him before this—there is a little factory at the back of his house—there is no difficulty in getting in—there is a string to pull, which opens the gate—he came out to us—his name was not up—I will not take upon myself to say that I have given you every word that passed—Smith did not say, "Are there not more tins of fat on the premises?"—he said, "any more tins "—Gent was rather agitated, he appeared flurried—I have said that the selling price of fat is 9d. a pound, but not spent pomade—fat is worth 9d. a pound to us to buy, or 8s. a hundredweight.
MR. ORRIDGE. Q. In what way is that spent pomade altered? A. It is coloured and perfumed—there is no shop at the prisoner's place, merely a factory at the back.
WILLIAM SMITH (City-detective). On 5th August, about 7 o'clock, I was watching Mr. Benbow's premises at the time the men were leaving work—I saw Sparkes leave with something in a bag on his back—I followed him to two or three public houses, and then he took an omnibus and went to the Oval, Hackney-road—he, got out at the Durham Arms, and walked to the Oval to some gates at the side of Gent's premises—he pulled a siring and entered, stayed two or three minutes, and came out with the bag empty; he then went back to where the omnibus starts, got in, and came to the City—next morning we made a communication to Messrs. Benbow in reference to
what we saw, and about a little after 1 o'clock on Thursday I and another officer, Legg, were in Little Britain where the prosecutor's premises are, and saw Sparkes come out—I said to him, "We are officers "—in consequence of something that was said, I and Mr. Benbow and Legg went to Gent's place—I pulled the string over the gates, went in at the private door, and went to the back part of the premises—Gent came out to us—I said we were detective-officers, and that he had received some pomade or fat from a man last night—he appeared very much agitated, and said he had not—I said, "Now, be careful what you say; we watched Sparkes here last evening"—at that moment Mr. Benbow pointed out a can which was under a bench or desk, and said, "Why, there is the can" or "tin"—I forget which he said—it was immediately taken possession of by Legg, and Gent said, "Oh, yes; I had it of Sparkes last night, and I gave him sixpence a pound for it"—I said, "Did you weigh it?"—he said, "No"—I said, "Did you know that he was in the employ of Mr. Benbow?"—he appeared very nervous at that time, hesitated, and then said, "Yes"—I said, "How long have you known him?"—he said, "I have known him ever since I was in business in Bishopsgate-street"—he was asked, either by myself or Legg, "Have you any more tins or cans like these on the premises?"—he said, "No, I have not"—I said, "We must search further"—he said, "If that is the case, I must have somebody down with me," or words to that effect—he then called up stairs, and a lady came down, who he represented as his wife—he said, "These are two sheriffs' officers, come to search my premises about that affair of Sparkes' last night"—I said, "We are not sheriffs' officers, we are detective-officers "—I then proceeded up stairs, and Gent handed me the key of a closet, and in that closet I found another can—I said to him, "How is this? you said you had no more cans"—he said he did not know it was there"—I then went to a bed-room and kitchen at the back, and found another can—we then went down stairs and made a further search in the warehouse, and found some other cans—I asked him how he could account for the possession of them—his wife was about to reply, and he said to her, "Say nothing, and know nothing," and she gave no answer to the question I put—we then took him to the station—Sparkes was fetched from his cell, and I said to him, "Is this the person to whom you sold the pomade?"—he said, "Yes, that is the man"—Gent said, "Yes, that is the man that I bought it from; but I did not know it was stolen, and I gave him 6s. 6d. for it"—these are the tins (produced)—two of them are the same size as this full one.
Cross-examined. Q. Where did you find those two? A. I found one in the closet—one of the cans had flour in it—there was also one with sugar in it, but not in the closet—I don't remember where that was—we found one in the warehouse with some lamp-black in it, which we emptied out, and brought the tin away—this tin (produced), has evidently had sugar in it, and it is marked "closet" outside—I marked it when I found it in the closet—this is the one that had flour in it—I found this down stairs—the other tins were in the front part of his manufactory, arranged on shelves—we brought away all but one, which was full of liquid of some sort—there is a pair of gates outside, and a little door in one of them—you have to walk a few yards to get to the back of his house—the house communicates with the factory—I do not think Gent took this tin up and put it on the counter—Legg took it up—it was in sight, about two yards and a-half from the door, under a bench where some boys had been at work filling bottles with pomade.
COURT. Q. Did you weigh the pomade? A. Yes; and with the tin it weighs about fourteen or fifteen pounds.
MR. ATKINSON. Q. These tins are not peculiar to you? A. No—the firm who send these to us send a great number out—it is impossible to tell how many—they deal very largely.
MR. ORRIDGE. Q. I see there is a blank left on the label for the weight; does the weight vary? A. Yes, very much; and the weight marked on this can corresponds with the weight of a tin we had in stock.
MR. ATKINSON. Q. How do you know that this precise weight has been imported to you? A. I know it from our books; we only had one of this precise weight—I have compared it with our stock-book—tins of this sort come over three or four times a year—our books are at the warehouse—we import all kinds of weights.
GEORGE SPARKES (the prisoner). I have pleaded guilty to stealing this fat. I have known Gent, I suppose, over three years. I have taken fat to Gent four or five times in all. I have seen him on those occasions at his place. I have sold him from seven to ten pounds at a time. I stole it from Messrs. Benbow's—he gave me sixpence a pound for all of it.
GENT received a good character.— NOT GUILTY .
The following prisoners PLEADED GUILTY:—
1080. JOSEPH BUCK (37) , to embezzling the sums of 8l. 2s. 6d., 23l. 18s. 10d., and 13l. 18s.; the moneys of James Yates and others. The prosecutor stated that the prisoner had been fourteen months in his service, and had embezzled 150l.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
1085. HENRY KERRIDGE (19) , to embezzling and stealing the sum of 14s., the moneys of Robert France, his master, and stealing one pair of boots, and other articles, of the same person. The prosecutor stated that the prisoner had been in the habit of keeping the money given him to pay the postage of letters and destroying the letters.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, September 21st, 1863.
Before Mr. Common Sergeant.
SARAH BRYDEN . I am the wife of William Bryden of the Alexander beer-house, King-street, Westminster—on 14th August, the prisoner came for a glass of porter and half a screw of tobacco, which came to three halfpence—he gave me a shilling—I bit it, And found it was bad, and gave it to my husband—the prisoner asked for it, and he gave it to him—when the officer came, the prisoner had the shilling, and as he gave it to the constable, the piece which I had bent came off—he said he was not aware it was bad, he got it from Turnbam's Music Hall in change for a half-crown—I did not lose sight of it—I cracked it as I bent it, but it was not divided then.
JAMES KIRBY (Policeman, A 106). On 14th August, I was sent for to the Alexander beerhouse, and the prisoner given into my custody for uttering a bad shilling—the landlady told me the prisoner had the shilling, and I asked him for it—he gave me this piece of a shilling (produced)—there is a piece out of it—I asked him for the other piece—he said he did not know where it was—I looked for it, but could not find it—I got this half-crown (produced) from Mr. Josiah Williams—the prisoner said nothing about where he got the shilling.
JOSIAH WILLIAMS . I am assistant to Mr. Simpson, a surgeon, of 34, Fore-street, City—on Thursday, evening, 4th April, the prisoner came in with a companion, and asked for a seidlitz-powder—he gave me a bad half-crown—I put it in the vice, bent it, and rebent it—I told him it was a bad one, and asked him if he had got any more—he said he had not—he then gave me a good half-crown—I gave him change, and then went round the counter, secured him, and gave him into custody—the other man got away—I put my initials on the half-crown at the station—he was brought up at Guildhall, remanded, and discharged on 8th April—this is the half-crown.
ABRAHAM LANGRIDGE . I am the landlord of the Sun and Falcon, Down-street, Piccadilly—on 1st June I saw the prisoner and another man at my bar—the barmaid accused them of giving her a bad half-crown—I took it from her, and found it was bad—she said the prisoner had given it to her—I knocked a hole through it with a hammer, and the prisoner took it up, put it in his pocket, and paid me with good money—I sent fur a constable and gave the prisoner and the other man into custody—the prisoner gave me the bad half-crown back again, and I gave it to the policeman.
WILLIAM KELLY (Policeman, C 53). The prisoner and another man were given into my custody—Mr. Langridge got this half-crown from the prisoner in my presence, and gave it to me (produced)—I took them to the police-station—they were afterwards taken to the Marylebone Police-court, remanded till 4th June, and then discharged; that being the only case against them—the prisoner gave the name of James Mason—2s. 4 1/2 d. in good money was found on him.
Prisoner. Q. I did not give the name of James at all. Witness. It might have been John Mason—the other man gave the name of Walker.
Prisoner's. Defence I am innocent; I got that shilling at Turnham, in
the Edgeware-road, in change for half a crown.
GUILTY .—He was further charged with having been before convicted at this Court on 8th July, 1861, of uttering counterfeit coin, sentence, Eighteen Months; to which he
PLEADED GUILTY.**— Five Years' Penal Servitude.
MESSRS. POLAND and WILLIAMS conducted the Prosecution.
SARAH ELIZABETH WALKER . I keep a fancy repository at 14, Old Granada-road—on 14th August, I served the prisoner with four small salt-cellars, which came to 10d—he gave me a bad crown—I asked some children to send in a policeman—the prisoner said that he could prove himself a respectable person, and a neighbour—I said, "Where do you live?"—he said, "At the other end of the Albany-road"—I said, "You do not call that a neighbour;" at that time a policeman came, and I gave him in charge, with the crown.
PHILIP BIRCH (Policeman, M 251). I took the prisoner, and Mrs. Walker gave me this crown (produced)—the prisoner said that he did not know it was bad, and if I would go with him to his house he would get other money to pay for the articles—I found on him 5d. in copper—he was taken to the police-court, remanded, and discharged.
CHARLES HENRY WEBSTER . I am clerk to Lane and Son, gold-beaters, of 30, Red Lion-square—on 14th August, the prisoner came for 100 of gold leaf, price 5s.—I gave it to him—he gave me a five shilling-piece, and went out of the office rather hastily—I then looked at it, found it was bad, and went and overtook him in Princes-street, about half a minute's walk off—I said, "You have given me a bad five-shilling piece; you must give me the gold back or a good five shillings"—he said that he had given the gold to a friend to take to his place in the Walworth-road, and he had not five shillings—I took him back to the office, and sent for a constable—he gave his address Charlotte-row—I went to look at the directory, and then he said that it was some street at the corner, and I did not look further—he was then on one side of the partition, and I on the other—he stood on a mat, underneath which I found a bad five-shilling piece next morning—I gave them both to the policeman.
Prisoner. Q. Was I in your view while you were running after me? A. No; and I went back and served a customer, and then locked the office, and went after you—you did not attempt to run away, because you did not see me—I found the crown under the mat, eighteen hours afterwards—everybody goes over the mat—there is a counter in the shop, and at the upper end is a swing door, by which is the mat.
MR. POLAND. Q. Is this a correct description of the place? A. Yes; I am sure the prisoner is the person who gave me the crown—I had not said anything about gold, but he said, "I have not the gold; I have given it to a friend to take home "—I had only said, "You have given me a bad five-shilling piece.
ISAAC HUTCHINS (Policeman, E 40). The prisoner was given in my custody—I told him the charge—he said, "It is a very bad job; if the the prosecutor will wait till 6 o'clock, I will go home to my mother's House and got him five shillings for it"—he gave his address 19, Charlotte-row, Walworth—I went there, but 17, was the highest number—I received these two crowns (produced).
Prisoners Defence. I had just got off an omnibus at the top of Holborn,
when the prosecutor tapped me on the shoulder; I did not attempt to run, which I should have done if I had been the party, and nothing was found on me to prove my connexion with the coin.
GUILTY .**— Confined Eighteen Months.
MESSRS. POLAND and WILLIAMS conducted the Prosecution.
MARIA HOUSE . I am the wife of William House, landlord of the Crown and Dolphin, Stepney—on 3d August, about 9 o'clock, the prisoner came for a pint of cooper which came to 3d.—Brown gave me a half-crown—I bent it in the detector and said, "This is a bad one"—he said, "Do not deface it; I know where I took it;" and then threw down a good one—I handed the bad one to the barmaid, who gave it to one of the prisoners—I am quite sure it was bad—it bent at once—they drank the cooper, and left.
GEORGE STOCKEN . I am a carpenter—on 22d August I was at the Crown and Dolphin, and saw the prisoners there—in consequence of what the barmaid said to me, I went out and followed them to Stepney-green, in a narrow turning, where they stopped a few minutes, and I watched them all the time, and then followed them to Cambridge-road—Brown looked into every public-house, from the Crown and Dolphin till he came to the Britannia, Cambridge-road—he looked in at the doorway, and Johnson was alongside of him—Brown went into the Britannia, and called for a glass of stout—I followed him in, and the landlady said, "Are you aware that this half-crown is bad?"—he said, "No"—I said, "Yes you are, because it is not the first time to-night you have tried to tender a bad half crown"—he said, "You are mistaken"—I said, "No, I am not; I have been watching your proceedings from the Crown and Dolphin to this house "—a constable was sent for, and he was given in charge—I then pointed out Johnson outside the house, and the policeman took him.
Cross-examined by MR. METCALFE. Q. Was the coin uttered at the Britannia the same as that uttered at the Crown? A. No; that was bent, and I have not seen it since.
Cross-examined by MR. LEWIS. Q. How far behind did you follow them? A. Close to their heels for a whole mile—I was four or five yards from them from the time they turned into Stepney-green—they walked side by side—Johnson pointed to different public-houses, and then Brown looked in—they did not see me watching them.
MARTHA PREOW . I am the wife of Disney Preow, who keeps the Britannia beer-shop, Cambridge-road—on 22d August Brown came in for a glass of stout, and gave me a bad half-crown—I told him it was bad, and he said, "Give it to me back, and I will give you a good one"—I said, "No; this is the third Saturday night this game has been tried"—Mr. Stocker came in and spoke to me, and I sent for a constable.
FREDERICK PAYNE (Inspector, K 343). I took Brown, and Mrs. Preow gave me a half-crown—I searched him, and found five sovereigns, two half-sovereigns, a florin, a half-crown, a 6d., and 7 1/2 d. in copper.
JOSEPH BOUCHER (Policeman, K 346). Stocker pointed out Johnson to me outside the Britannia—I followed him, stopped him in Devonshire-street, and told him I should take for being concerned, with another man, in uttering counterfeit coin—he said, "I know nothing about it"—I asked him if he had been at the Crown and Dolphin public-house that evening, with another man—he said, "No"—I took him to the station, searched him,
and found 15s., two sixpences, and 1s. 7 1/2 d., in copper, all good—he said at the station that he had seen Brown, and had some ale with, him at the Crown and Dolphin.
GUILTY .— Confined Nine Months each.
MR. POLAND conducted the Prosecution.
CLARA MARIA HOLLOWAY . My father is a confectioner, at 76, Farringdon-street—I serve in the shop—on 17th August the prisoner came and asked for two sponge-cakes, which came to 2d.—he gave me a five-shilling piece—I sounded it on the counter, and then looked into the till, and found I had not enough change—I asked him if he had any smaller change—he said, u Only three halfpence—I rang the bell; my mother came—I gave it to her—she said that it was bad, and gave the prisoner in charge—he had then left the shop.
MARIA HOLLOWAY . On 17th August, my daughter rang the bell, and I went into the shop and found the prisoner there—I looked at the crown, bent it, and said that it was bad—I asked the prisoner if he had any change—he said, "Only three halfpence"—I said, "You can pay for one, and put the other cake down;" which he did—he demanded the crown back, but I would not give it to him—he was rather impudent, and left—my husband sent a boy after him—I bent the crown in four or five places—this is it (produced).
Prisoner. Q. What date was on it? A. I do not know, but it was George the Third.
JOHN FREEMAN (City-policeman, 373). The prisoner was given in my charge in Poppins-court, Fleet-street—I took him to the station, searched him, and found on him 4d. in copper, a four penny-piece, and three dice—he gave his name Henry Collins—he was remanded from the 18th to the 26th, and then discharged, as that was the only case against him.
Prisoner. Q. Did you get my character from the gas works? A. Yes; it was very good, but you had not worked there for some weeks.
ISAAC STEPHENS . I keep a coffee-shop, at 198, Pentonville-road—on 27th August, about 5 o'clock, the prisoner came for a cup of tea and two slices of bread and butter; they came to 2 1/2 d.—he gave me a bad half-crown—I walked to the other end of the shop, and showed it to a gentleman, who also pronounced it bad—I asked the prisoner where he got it—he said, "Why?"—I said, "It is bad"—he said, "I got it at a pawnbroker's shop"—I said, "Have you any more about you?"—he said, "No;" and asked to look at it—I refused, and sent for a policeman—Mr. White, who was sitting in the shop, took it out of my hand to look at it, and the prisoner jumped up, snatched it from him, put it into his pocket, and said that he would go and fetch a policeman himself—I said, "You will not go out of here"—he then ran through my house, and I ran after him—he passed the kitchen fire, and passed the water-closet into the back yard, returned again, and I met him at the door—two policemen then came, one to the front door, and one to the back, and I gave him in custody—I looked for the half-crown, but could not find it—I am quite sure it was bad—I tried it on a table.
Prisoner. Q. Didn't I at first put down 2d., and didn't you ask for another 2 1/2 d.? A. No; the first thing you offered was the half-crown—I never said" that I followed you into the yard and saw you throw it away—I
did not put it to my teeth or bend it, but I am convinced it wag bad—there was no one in the kitchen when you went through.
JAMES WHITE . I live at 68, Southampton-street, Pentonville—I was at Mr. Stevens' coffee-shop, and saw the prisoner give him a half-crown—it was afterwards given to me to examine, and while I was looking at it the prisoner snatched it away and put it in his waistcoat pocket—he wanted to leave the room, but Mr. Stevens put his back against the door—the prisoner then ran up the shop and tried to get out at the back—I am confident that the half-crown was bad.
Prisoner. Q. Did not you say that the edge was rough? A. I said that it looked rough.
Prisoner. Q. Where were you? A. At the last desk—I saw Mr. Stevens try it on a table.
GEORGE DUDLEY (Policeman, N 488). The prisoner was given into my custody at the coffee-shop—I searched him, but only found a knife and a duplicate—I asked him where the half-crown was—he said that he had put it in his side pocket, and did not know where it was then—I felt for it, but it was not there—he said that he lived at Brackley, in Berkshire, and was an artist—he afterwards gave his name as John Hill, 26, Northampton-street, King's-cross—his real name is Henry Collins.
Prisoner's Defence. I pawned my jacket for 4s. 6d., and received the half-crown from the pawnbroker. I offered it in payment for the coffee, and the man said that it was bad. I said that it was not. The old man looked at it, and said that he would keep it. I laid hold of it, and put it in my waistcoat pocket, but there was a wrinkle in my waistcoat, which must have eased it on to the seat. I went out at the back for a necessary purpose, as he would not let me go out at the front.—
GUILTY .— Confined Six Months.
The following prisoners PLEADED GUILTY to unlawfully uttering counterfeit coin:—
OLD COURT.—Tuesday, September 22nd, 1863.
Before Mr. Recorder.
1096. BRIDGET MURTY (45), was indicted for feloniously decoying and enticing away Lavinia Baker, aged five years, with intent to deprive the father of the possession of the child. Second Count, with intent to steal its clothes. MR. PALMER conducted the Prosecution.
JANE PHIPPS . I did reside at 3, Vere-street, Clare-market, but have left my situation, and am now at home—on the evening of 22d August, between 6 and 7, I was in Lincoln's-inn-fields—I saw the prisoner there, on the left hand side, by the railing, under the trees—she had got four little children—she gave the little girl, Lavinia Baker, a penny, and was taking them away—
she crossed over by the stationer's shop at the corner of Portugal-street—I told the children not to go with her, and when she found they would not go she said, "Well, as you won't come, give me my penny back," and she took the penny from the little girl—the child was dressed in a brown hat, a little brown cloak, and a dark frock—when the prisoner found the children would not go with her she turned round the corner—we followed her to Bear-yard—a policeman came up, and we fetched the children and gave her in charge—she said they were her brother's children, and she pointed to No. 14, where she said he lived, but it was an empty house—this is the child—she was dressed as she is now.
Cross-examined by MR. RIBTON. Q. The children never got out of the square at all, did they? A. No—I don't know whether there is a sweetstuff shop near the stationer's—I heard the children say to her, "This is the way to the market, ma'am," and she said, "No, come this way"—when I told the children not to go with her she turned round and called me some names and went away—I knew the children, and showed the policeman where they lived, in Stanhope-street, near Clare-market—it was not No. 15 that the prisoner pointed to, it was 14, the empty house—I had never seen the prisoner before to my knowledge—I could not answer whether she seemed to have been drinking; I think she was the worse for liquor.
ZACHARLAH GIBLETT (Policeman, F 157). On the evening of 27th August, about ten minutes or a quarter to 7, I was near Clare-market—in consequence of a communication, I went to Bear-yard, and saw the prisoner with four children and the last witness—the witness told me that the prisoner had been giving the children a penny to go with her, and she, knowing the children, had stopped them, and then the prisoner had taken the penny away again—the prisoner said, "Don't you believe it, policeman, they are my brother's children, and they live there," pointing to No. 14—I knew that to be an empty house, for all the windows were out, and had been for some years—I then took her to 34, Stanhope-street, where the children resided, and saw the parents, who said the prisoner was a perfect stranger to them—I took her to the station-house, where she was searched, and 6d., 2d. in copper, a brass comb, a child's white pocket-handkerchief, and a quantity of sweetstuff in two separate lots was found upon her—she was perfectly sober.
SIDNEY BARER . I am a bootmaker, of 34, Stanhope-street—on 27th August my children were brought home; Lavinia is one of them—she is about 4 years of age—I do not know the prisoner—it was not by my consent that she took away the children—they were sent into Lincoln's-inn-fields for air and exercise.
The prisoner's statement before the Magistrate:—"I was against the railings in Lincoln's-inn-fields, where I was surrounded by these children. They called me names, and I told them to go away; they did not, and I gave them a penny. They would not go then. I had some sweet stuff also, and when they would not go away I took the penny away."
NOT GUILTY .
There were three other indictments against the prisoner for like offences with respect to the other three children, upon which, the facts being the same, MR. PALMER offered no evidence.
afternoon, I was with my master's cart in Harp-lane—I had some chests of tea to take to a warehouse, but could not get down far enough, owing to a van that was loading—I went to the warehouse, leaving two chests in the cart—I was absent three or four minutes—on my return one chest was gone—I saw the prisoner in custody in less than five minutes—the policeman had the chest.
Cross-examined by MR. ORRIDGE. Q. Do you know the prisoner? A. No—there were no other carts there delivering good, only a wholesale druggist's van—that was not at all like my cart—no one could mistake one for the other.
JOHN WHITTAKER . I am cellarman at 23, Harp-lane—on 12th September, about three o'clock, I saw the prisoner in the lane, standing on the pavement—I saw him look at the last witness's cart, and watched him, and in two or three minutes I saw him get on the wheel and take the chest from underneath the cloth—he then got down with it, and put it in the passage of the Queen's Head hotel—he then picked it up again and went up the street with it—I went and took him by the collar—he said, "Let me go"—I said, "I shan't"—he said, "Let me go, I am the carman"—I knew he was not, and sang out, "Police"—the sergeant came up, and I gave him into his hands.
Cross-examined. Q. Was he sober? A. Perfectly.
GUILTY .— Confined Eight Months.
MR. ABEL conducted the Prosecution.
RICHARD BALDING . I am manager of the Royal Liver Friendly Society—the trustees of that society are Mr. Gregg Rathbone, Mr. Rawlins, and Mr. M'Gregor—the prisoner has been in the employment of that society for about five years and a half—his duties were to go round and collect the members' subscriptions, and bring them to the office in New Bridge-street—that was the course of duty prescribed for him by the rules of the society—he has acted by those rules during the time he has been in the employ—he was paid a nominal salary of 3s. a week, and 25 per cent for collecting—his earnings at the present time averaged about 1l. 13s. or 1l. 15s. a week—when a collector commences in our society his duty is to solicit parties to become members, and when they are enrolled his duty is to call upon them once a week, or once a fortnight at longest, and receive their subscriptions; to place on their cards the amount he receives, and also to enter the same amount in corresponding columns in a book—the cards are held by the members as their receipt and claim on the society—on 28th July he has entered on Russell's card 1s. 1d. as received, and in the book it is only 6 1/2 d.—on 11th August he has entered 3d. as received from Kidd, and on Kidd's card 6d.
Cross-examined by MR. SLEIGH. Q. How long have you been connected with this society? A. About two and a half years—I was previously connected with a kindred society in Liverpool—at the time I joined this society Mr. Swann was the chairman, and he is now—it was not he who gave the prisoner into custody; I believe it was Mr. Liversedge—he is not here—he was before the Alderman, but was not examined—I was present when he was given in charge—before that I told him that his accounts were not correct
—he did not reply, "Well, that may be so, but I am quite willing to go over them, and to call upon any of the members you please"—he at first refused to go with me—he did not offer to go over his accounts with me; he offered to call on any of the members—I told him to go to the nearest—I opened the books, and said "Now, let us go to these"—amongst them were Kidd and Russell—the prisoner accompanied me there—the name of "John Murphy" on these cards is the prisoner's writing—the amounts he receives are entered in figures—the cards are printed for every Monday—the 27th July was on a Monday, but he received Russell's money on the 28th, and in the same way with Kidd's—these books are in the prisoner's writing—6 1/2 d. is entered to Russell on the 27th July—Kidd's is in the same book—they live in the same street—these payments are made fortnightly—the clolector collects every day, and is bound to pay in the money he receives every week, on Thursday, Friday, or Saturday—the prisoner always paid his money in on Friday—he would hare to collect from about 1,200 names during the week, all in small amounts of 4d. or 6d.—that ought to be done without mistake, and we expect it to be so—I have not yet found that any of the collectors have ever made a bona fide mistake—I have been a collector; I was a collector at Liverpool—I never made a mistake while I was a collector there to my knowledge—I am not aware that it was ever alleged—I believe every book I held corresponded with my cards, as every collector's ought to do—I was with the Liverpool Society in 1860—I left them in 1860—there was no allegation of any mistake on my part—I left them to come over to this society—the Liverpool Board of Management heard that I was coming here, and demanded all my books—I believe the party who is the instigator of these questions is the man that got me dismissed, Mr. John Lawrence—the managers did not complain of my mode of collection; they complained of my not paying over the money to them—I did withhold the money until I was satisfied about turning over to the Liver Society, and I withheld the books also—that was made the subject of inquiry in a court of justice, and they punished me for refusing to give up the books—I was not convicted of embezzling the money of the society—I do not owe them a farthing, nor did I when I left—I was charged with the money that I held up to the time of appearing in court—I believe it was a criminal proceeding—I was indicted—the result was a penalty of 20l. or three months' imprisonment, according to the Act of Parliament—I did not pay the fine, I suffered the three months, and I would again—there was no charge of any wrong entries—I did not know the prisoner at that time—when I came to the London Society the Board of management here appointed me—Mr. Stevenson was then the secretary, he is now the treasurer, and secretary too, I believe; he is not the president—I am the manager of the London district—I do not receive 25 per cent, on the collection—the collectors, on obtaining new members, are permitted to retain the whole of the first six weeks' subscription; that is, besides the 25 per cent.—that is supposed to be an equivalent for getting the new member—I am paid by a salary—the secretary and treasurer are paid in the same ratio—I do not know what they get; their salary is appointed by the general public meeting.
MR. ABEL. Q. Did it come to the ears of the Liverpool society that you were in treaty to leave them? A. Yes, and that gave rise to the ill-feeling—I was a collector of that society seventeen years—there is no pretence for saying that I appropriated the funds of that society—I retained the books in order to turn all the members over to the Liver Society—it was at Mr. Lawrence's suggestion that I did so—he was then secretary to the Liver
Society—he is not now—he has been dismissed, and now he wishes this to be brought before the public for the benefit of the society with which he is now connected—notwithstanding the charge made against me, I was appointed by the management of the Liver Society, with a full knowledge of what had occurred in the other society—the sums which the prisoner is charged with taking from Kidd were not part of the first six weeks' subscription; he has been a member two or three years.
SARAH KIDD . I am the wife of Richard Kidd, of 11, Windsor-street, Boundary-street—I am a member of the Royal Liver Society—my husband is also a member, and my brother-in-law, James Lewis—I have been in the habit of paying the prisoner 6d. a fortnight for my husband, and 4d. for James Lewis—this is a card I received from the prisoner—I saw him put down the figures on the back—the 11th August was the last time I paid the prisoner—on that day I paid him 6d. for my husband and 4d. for Lewis—that sum is entered on the card—I paid every fortnight, on a Tuesday—I always paid him the same every fortnight.
Cross-examined. Q. Used he always to collect from you? A. Yes, for twelve months.
RICHARD BALDING (re-examined). I have James Lewis' card here—on 11th August 2d. is entered in the collecting book as received from Lewis, and 4d. on the card—on 28th July 3d. is entered in the book to Kidd, and 2d. to Lewis, and the same sums on 14th July—I went with the prisoner to Kidd's—I asked for the cards, and compared them with the book—I did not say anything to the members as to what I was there for—when we left the house the prisoner said, "Well, I know I am wrong"—we then went to others in the same way.
MR. SLEIGH. Q. Did he not say it was a mere mistake? A. Oh, dear, no; there are such a number of cases that he could not say that—he acknowledged that he had received the money and not put it in the book.
Cross-examined. Q. Did he not say that the error had occurred through the confusion of the large amount he had to collect? A. He said an error might have occurred through the amount of business which he transacted.
JURY to RICHARD BALDING. Q. Did the prisoner receive any 2d. or 3d. subscriptions on 14th July? A. Yes—this was the only book he had—he brings this to the office on the Friday—he has possession of it during the whole week, for six months, while the book lasts—he has it with him when he calls on the members.
JURY to SARAH KIDD. Q. Did you see the book when the prisoner called on you? A. Yes—he made entries in it at the same time he made entries on my card—I always saw the book when he came—he wrote in it and on my card at the same time.
The prisoner received a good character.
NOT GUILTY .
MR. ABEL conducted the Prosecution.
KEZIAH RUSSELL . I am the wife of Francis Russell, of 4, Vincent-street, Boundary-street—we were members of the Royal Liver Friendly Society—I have always been in the habit of paying my subscriptions to the prisoner fortnightly—I also paid for Thomas and Mary Ann Sargeant—I paid 9d. a
fortnight for my husband, 4d. for myself 4d. for Thomas Sargeant, and 2d. for Mary Ann Sargeant; 1s. 7d. in the whole—the prisoner always came between 11 and 12, and I always gave him the money, and the cards, and he entered them on the cards, and then entered them in a book similar to this (produced)—I have the cards here—the prisoner used to call on the day after the sums were due—on 20th April is entered 9d. for my husband, 4d. for myself, 4d. for Thomas Sargeant, and 3d. for Mary Ann—those sums were all entered by the prisoner on the 21st—on 19th May the same sums are entered, and also on 16th June—I always saw the prisoner enter those payments in that book—I did not see what he wrote in that book; I never took particular notice, but he always wrote in the book—I looked at my cards.
Cross-examined by MR. SLEIGH. Q. Your weekly subscription for the three weeks-would be 9 1/2 d.? A. Yes; I never paid it weekly, he called every fortnight.
RICHARD BALDING . On 21st April the prisoner has entered in his book 2d. as received from Keziah Russell, 4 1/2 d. from Francis Russell, 2d. from Mr. Sargeant, and 1d. from Mrs. Sargeant—on 19th May and 16th June exactly the same sums are entered—those were the sums he paid over—there are a great number of other sums that are incorrectly entered—on 11th August 4 1/2 d. is entered to Francis Kussell, 2d. to Keziah, 2d. to Thomas Sargeant, and nothing to Mary Ann—on that same date on their cards 9d. is entered to Francis and 4d. to Keziah Russell, 4d. to Thomas and 2d. to Mary Sargeant.
Cross-examined. Q. Is each entry in respect of one week's subscription? A. A fortnight's—there is a cipher every other week—the fortnight's subscription is entered in the aggregate in one entry—it ought to be so—this is the book which he kept for the last five weeks—the previous book was kept in exactly the same way—I had this book from him week after week—the entry in each column is in respect of each individual week, although on the card the fortnight's subscription is entered—we never corresponded the cards with the book; we could not, the cards were held by the members—the bock was only before me while he paid the money in—I saw that the sums were entered as weekly sums, not as fortnightly—it ought to be entered here the same as it is on the cards—he ought to collect every week, but he had the option of going once a fortnight—it would be his duty to enter in the book exactly the same date and amount that he enters on the card—he was taken into custody on 17th August—in the column for the week ending August 3d., there is a blank; on the 10th there is entered 4 1/2 d. to Francis Russell, and 2d. to Keziah—if he had received the whole of that amount, 9d. and 4d., on the 10th, it would not be his duty to enter 4d. and 2d. in the column of the 3d., because the amount is given over in the office; he would give in his money for the week, he cannot back date it—on 27th July, 4 1/2 d. and 2d. is entered to the Russells, and the same sums the week preceding—he had no right to do so—he did wrong by doing so—during the whole of the keeping of this book, he has acted in contravention of his duty in putting these sums into the weekly columns.
MR. ABEL. Q. Was it his duty to enter in this book whatever sums he received as he entered them on the cards? A. It was, and in early times I believe he always did so.
COURT. Q. Was he in the employ of the society of which Mr. Gregg, Rathbone, and others, were trustees? A. Yes; it was his duty to pay over weekly the sums he received during the week.
This indictment, laying the money in the Royal Liver Friendly Society, the Recorder required proof that the Society was entitled to be so described. Mr. Abel put in the Rules of the Society, certified under 18 and 19 Vic. c. 63, sec. 19, but they only provided that the property should be laid in the Trustees. Mr. Abel then applied that the indictment might be amended in conformity with Lord Campbell's Act. The Recorder entertained considerable doubt whether the Court had the power to amend in this case: Lord Campbell's Act enabled the description of a body corporate to be altered, or the names of any persons to be corrected, but did not provide for the substitution of persons for a body corporate. The Jury were therefore directed to find the prisoner.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
DAVID RICHARD THOMAS . I am foreman to Messrs. Roberts and Son, of 95, Great Portland-street—in February this year we had an account with the Clergy House—this receipt (produced) was not written by me, or by my authority; it is the prisoner's writing—I did not receive 1l. 10s. from him on 2d. February—(read: "Received from Mr. T. Edmonds, the Clergy House account, 1l. 10s. for R. & S. Thomas."
Cross-examined by MR. BESLEY. Q. Have you your ledger here? A. No; there was more than 25s. owing to us on 6th February independent of an arrear account—the dealings on that arrear account were not with the prisoner, but with the Clergy House; the prisoner was to pay it—money has been paid on that account since February, more than 30s.—receipts were given to the prisoner in his own name for the Clergy House account.
MR. SLEIGH. Q. Was the arrear account an account between the Clergy House and your employers? A. Yes; the prisoner was supposed to receive the money from the Clergy House to pay it—it ought to have been paid previously, but was not.
REV. JAMES TAYLOR BROWN . I am a clergyman of the Church of England—I used to live at 10, Portland-road—the prisoner was in the employment of myself, and other clergymen who resided there, as a sort of confidential servant—it was part of his duty to receive money from me and the other clergymen to pay the trades people—he had a salary of 5l. a month, besides perquisites—his wife was employed as housekeeper—the Clergy House dealt with Roberts and Son as grocers—early in February this year the prisoner made a communication to me about the amount due to them, and I gave him 3l. to pay the trades people, inclusive of Roberts and Son—he afterwards, subsequent to 6th February, brought me this receipt—I can't remember whether he put it into my hand or not—it was pinned to another receipt, which I may have found on my table, and put on the file—he was given into custody in August, and his wife also—I then produced this paper to him, and asked if it was his writing—he said it was—I said, "Then it is a forgery," or something equivalent to that—he said nothing, but went out of the room.
Cross-examined. Q. He and his wife were the housekeepers in this establishment? A. They were—they furnished a part of the house for their occupation—we did not require them to do that; they did it for their own comfort, and on their own responsibility—we paid the servant's wages through them—we did not find the servant in food; she was supposed to get that at home; she only came for about two hours a day; that was the arrangement with the prisoner—for some reason or other he was in arrears with the
tradespeople—they did not supply the things in his name—he entered into an arrangement with me to pay off 3l. a month out of his salary of 5l.—that arrangement was made previous to the 6th February—the 3l. was given him as part of the 5l.—he was expected to pay up the arrears as far as the 3l. would go—it mattered not to me to whom he repaid it, so long as he reduced the arrears—during the time he was to pay off these arrears, we did not undertake the payment of the servant's wages—we made no allowance to them in respect of the servant's maintenance—no different arrangement to the previous one—I had possession of the ordinary trades people's receipts—this receipt, and one or two others, were pinned together at the time he showed them to me—the others are in the possession of the clergy—they were the usual receipts given in the usual way, and signed in the usual way—since 6th February, the prisoner certainly paid more than 30s. on the arrear account—I am not aware what was owing when he was taken into custody—I am positive I told the prisoner the receipt was a forgery—I either said it was a forgery, or "You forged this"—I did not give him into custody on this charge until after some other inquiries had been made—in February, at the time of the discovery of his defalcation, we took possession of two cheques for 5l. and 4l. with the understanding that they should not be made use of until we had further permission—those cheques were held by us as a collateral security for the arrears—since he has been in custody we have got the money for them.
MR. SLEIGH. Q. Will you explain what is meant by the arrears? A. Some months before we had paid to the prisoner certain sums with which he was expected to discharge our tradesmen's bills, we subsequently found that they had not been discharged, in consequence of which we had the prisoner and his wife before us, and felt determined to deal summarily with them, but at their earnest entreaty and explanation of the circumstances, we leaned to the side of mercy, and allowed them to continue with us on the terms which have been alluded to, that he should pay 3l. out of his salary of 5l. a month to clear his defalcations—it was on another charge that he was taken into custody—the amount of his defalcations in February was about 15l.
MR. METCALFE, with MR. BESLEY, submitted that no offence in point of law was made out; in as much as there could be no intent to defraud, or to obtain anything by the production of the document in question. There might be an intent to deceive; but that was all; this was not done to cover a misappropriation of the money of his employers, but to induce them to suppose that he had discharged a debt which by the consent of his employers he had taken upon himself (See Reg. v. Hodgson, 25 Law Journal, 7 Cox Crime. Cases, 122, and 1 Dearsley and Bell, page 3). THE RECORDER entertained no doubt that this amounted to a forgery, but would consult Mr. Justice Byles on the subject.
GUILTY .—Recommended to mercy.
MR. SLEIGH conducted the Prosecution.
ANN BENNING . I carry on business with my sister at 134, Great Portland-street, and deal in butter—the Rev. Mr. Adams, of the Clergy House, is a customer of ours—we supplied him with butter between January and May last—in May 2l. 12s. 4d. was due to us—the prisoner has not made any payment to us during that time—Mr. Adams has paid us since the prisoner has been in custody.
REV. EDWARD AURELIUS ADAMS . I am curate of Trinity Church, Marylebone, and reside at the Clergy House—I dealt with the Miss Bennings for butter in the early part of the present year—the prisoner was in the service of the Clergy House—he was in the service of all of us—he waited on us—he was paid wages by Mr. Brown; he paid for all of us—we shared the expenses equally, and Mr. Brown acted as paymaster—I used to give the prisoner money to pay the tradespeople for articles of food supplied to myself—I knew that I dealt with Miss Benning—I used to give the prisoner money quarterly to discharge the tradespeople's accounts—on 28th March I gave him 2l.2s. 2 1/2 d. to pay Miss Benning—this book (produced)is in the prisoner's writing, and here is "paid. T. Edmonds," against that amount—it contains other items—I have since paid Miss Benning the amount.
Cross-examined by MR. METCALFE. Q. I do not find Miss Benning's name in this book? A. No; she had a separate account—this is a general account, but it contains the items which are in Miss Benning's book—the prisoner got all the things for me, and I settled with him quarterly—I don't think I paid him quite regularly—I knew where some of the things came from—the prisoner ordered the things, and charged me for them—the last amount I paid him was in June—the things supplied since then I have paid for myself—he did not pay for the things, he only ordered them for me—there was an understanding that he went to Miss Benning's for butter—I did not see Miss Benning's book until after the prisoner was discharged—Mr. Brown was living at the Clergy House before me—the prisoner was there before I went, and Mr. Brown was employing him—I did not pay Mr. Brown for my board; I always paid the prisoner—there is a Clergy House account for some things—I think I paid that account to Mr. Brown—he conducted the establishment, and hired the servants—I gave the prisoner a lump sum at different times to pay all the different items.
MR. SLEIGH. Q. Was it the prisoner's duty to attend upon each of you gentlemen. A. It was—since I have been at the Clergy House I have contributed my quota to the payment of the rent and the servant's wages.
MR. METCALFE submitted that this was no larceny, as the debt with Miss Benning was contracted, not by Mr. Adams, but the prisoner, and further, that he was no servant of Mr. Adams, but of Mr. Brown. THE RECORDER Was of opinion that it was a question for the Jury, whether the money was given to the prisoner for a specific purpose, and if so, it amounted to larceny.
GUILTY .— Confined Twelve Months.
There was another indictment against the prisoner.
THOMAS BOX . I am a costermonger, at Notting-hill—on 27th August, I went into the Hope and Grapes public-house in the Broadway, Westminster—the prisoner was there—I had not known him previously—he asked me to give him a pot of ale, and I refused him several times—we then agreed to toss for a pint of ale—I won, and after that he would not pay for it—I told him to drink it, and he came towards me—I pushed him away, and he pulled a knife out and struck me in the face—he made a second cut at me—he cut me from the eye here, and then across my cheek—it was a short knife, with a black handle—this is it (produced)—the doctor sewed the wounds up with silver-wire.
Prisoner. He assaulted me first Witness. I did not—he was coming towards me, and I pushed him to keep away from me, and he stabbed me twice in the face, and he would have done more if it had not been for the man in the house.
Prisoner. I was drunk at the time.
COURT. Q. Was he drunk? A. I cannot say whether he was or not.
WILLIAM WEEKS . I was at the Hope and Grapes when this occurred—I heard the last witness hollo out, "I am stabbed; I am stabbed!"—I saw the prisoner, and took him by the collar, and took him out of the house—he threw this knife away, which I picked up—I gave him in custody to a policeman.
FRANCES SPINKS . I am a dressmaker, at Spring-gardens, Pimlico—I was at the Hope and Grapes public-house on this day, and saw the two men quarrelling—they had a few words about some beer—the prisoner refused to pay—he said he did not lose—there was a struggle between them, and I heard the prosecutor say he was stabbed—he did not strike the prisoner before he was stabbed—I think I must have seen him if he had—there was a scuffle—I saw the prisoner try to hide the knife down his trousers, and I told him not to put it away—I saw the last witness take it from him—he threw it down outside the public-house door.
ALBERT ORRIDGE . I am house-surgeon at Westminster Hospital—the prosecutor was brought there—he had two incised wounds—one extending from the middle of the left eyelid nearly to the bottom of the ear—the other from near the corner of the nose across the cheek, about three, inches in length—the superior wound was very superficial—the other wound nearly went through the mouth—they might have been inflicted by such a knife as this.
GEORGE JACOB HOWLET (Policeman, B 228). I was called into the public-house, and, as I was going towards the door, I saw the knife thrown out, and saw Weeks pull the prisoner out by the collar—he was the worse for liquor—he was not stupid drunk, he was very excited—he said, going to the station, that he was struck, and that he was not going to be struck by a vagabond like that without settling for it.
Prisoner's Defence. I was drunk when I came to the station. I was struck several times and kicked by the prosecutor. I struck him with a knife that, I had in my hand. I did not know whether it was open or not. He was a stranger to me. We had a quarrel over the beer.
GUILTY of unlawfully wounding .— Confined Twelve Months .
THOMAS MASON . I keep the White Bear public-house at 221, Piccadilly—I know the prisoner very well—he formerly worked for me—on the night in question I first went to bed about half-past 2—I saw the watch and chain, and money that was lost safe at 3 o'clock, when I went down to let a gentlemen in who was lodging with me—the things were close to my bedside—I heard the watch distinctly tick after I laid down—the money was in a large bag, there was 2l. 10s. in halfpence in it—about 4 o'clock, or a little later, I was aroused by a policeman, and found, my money and watch and chain gone—when I let my lodger in, I double-bolted the front-door, top and bottom, and locked it—the prisoner had no business whatever that night in my house.
Cross-examined by MR. TINDAL ATKINSON. Q. What is he by trade? A. A painter—I had at one time confidence in him—he has been at work at a house of mine in Frith-street, "a jeweller's, till within about six months—I saw the prisoner on the night that I lost my property late in the evening—we found him in the Haymarket, within one hundred yards of my house—I asked him for my watch and chain—he said he knew nothing of it—I told him that some one resembling him had been in my house, and asked him to go with me—he went with me to the police station—I took him to a cafe in the Haymarket, to see a man named John Troy—he is a sort of out-door porter at the Cafe Riche, which is two doors from my place, on the same side—I did not find Troy there—I then said to the prisoner, "Will you go with me to the station?" and he said, "I will go anywhere with you"—he went with me to the station—my lodger is a Peruvian merchant—he was stopping at my house—he left the next day about 11 o'clock—I had four lodgers in the house altogether—one part of my house closes at 12 o'clock, and the other part at half-past 1—I do not keep a night porter.
MR. WILLIAMS. Q. Was it after the robbery was discovered that the foreign gentleman left you? A. Yes; six hours after—it was in consequence of a communication that I received from Troy and the policeman that I asked the prisoner for my things.
JOHN TROY . I am a porter, and live at 16, Hanover-court—on the morning in question, about half-past 4, I was in Piccadilly, opposite the prosecutor's house, and saw the prisoner come out—he pulled the door to, and went across the road towards Regent-street—I knew him by sight before—I am quite sure he is the man who left the house.
Cross-examined. Q. What is your employment? A. I am night-porter at the Cafe Riche—I am supposed to keep intoxicated people, and people selling fruit, out of the place—I am inside the door till 3 o'clock—it is four doors from the White Bear—I was standing opposite 225, on the same side of the way as the White Bear when I saw the prisoner come out—I was talking to a cabman—our door is shut at 3 o'clock—I come on at about a quarter to 12 to do this work, and stay up there all night—I go to sleep about 5 o'clock in the morning, and get up about 4 o'clock in the afternoon—I have not been to sleep to-day—I am thoroughly woke up now—it was not quite daybreak when I saw the prisoner come out of the door.
MR. WILLIAMS. Q. You were not asleep then? A. No.
HENRY WILLIAMS . I live at 6, Langley-court, Long-acre, and am a billiard-marker—on the morning in question I was in conversation with the last witness, between the hours of 4 and 5, opposite 22s., Piccadilly, on the same side as the White Bear, on the kerb-stone—I know the prisoner by the name of "Billy"—I saw him come out of the White Bear and shut the door after him—he went straight across towards Regent-circus, and up Regentstreet—he looked round when he came out—his right arm was swinging, and the other was by his side—I am quite sure he is the man.
Cross-examined. Q. What were you doing at this time? A. I was locked out that night—I went home at half-past six in the morning—they lock the doors at half-past 12, and I went down to keep the last witness company at the Cafe Riche—I joined him about 1 o'clock—I was not talking to him all the time up to 4—I was a gentleman's servant about three years ago—I have been doing several things since—I can't tell you exactly—I was discharged for being out all night, nothing else—I was Mr. Mason's door-porter at one time, last Christmas—he did not discharge me, I discharged myself—I have
been at the Dr. Johnson since, as marker in the American bowling alley—I did not go to Mason's at all on that morning—the policeman found the door open—there are gas-lamps there.
THOMAS SALISBURY (Policeman, C 84). At a quarter past 4 on the morning that this robbery was committed, I was in Piccadilly—Troy came and made a communication to me, in consequenoe of which I went to the White Bear Hotel—I found the door open—I rang the bell and called up the landlord—Troy and Williams were both with me then—there is a gaslamp on the kerb-stone, not more than a yard, or a yard and a-half, from the door.
Cross-examined. Q. How far is 225 from 221? A. It is a lamp-post's distance, about forty yards—they are good-sized houses in Piccadilly—if you were standing on the door-step of No. 225, yon could not see a person at the door of 221; but if you were standing on the kerb-stone, you might see them—there is a little turning between the houses.
HENRY JAY (police-sergeant, C 9). I took the prisoner into custody, and told him the charge—he said he knew nothing about it whatever—I asked him what time he went home last night—he said, "About daybreak"—about 4 in the morning I went to the White Bear Hotel, and made an examination—I found no marks of a forcible entry in any part of the house; but, under the bed on which Mr. Mason had been lying, I found some dirty sheets—there was an impression as if some person had been lying there—portions of them were laid up for a pillow, and at the further end there were impressions of some dirty boots having been there.
Cross-examined. Q. Were the two men brought down to the station to identify him? A. I found one first, and placed the prisoner along with five others, and he was identified immediately—the other witness also picked him out from five or six—there would be a difficulty in seeing a person at the door of 221 from the steps of 225—the only place you could see would be from the kerb-stone or the middle of the pavement—one house is thirtythree yards from the other—I have measured it.
NOT GUILTY .
HENRY DUGARD PLEADED GUILTY .— Confined Six Months.
MR. GIFPARD for the Prosecution offered no evidence against ELIZA DUGARD, as she was under, the control of her husband.
NOT GUILTY .
EDWARD BRAHAM . I am in the service of John Barry and others, Cape merchants—I saw the trunk, No. 120, the subject of this inquiry—it was their property, with the seventy-two pairs of boots contained in it.
EDWARD HUDSON SCHOFIELD . I am in the service of Mr. George Davis, shoe manufacturer, 45, Fish Street-hill—about the end of July last, I packed twelve trunks of women's and girls' boots and shoes—the trunks were marked "B. & Co." a diamond, and "G.& D." underneath—amongst them was one numbered 130—I packed the trunk, and secured it myself—it contained sixty pairs of tens thirteen's, and twelve pairs of small women's size—I locked the trunk, placed a piece of tape across the hasp, and sealed it over—I saw it covered over with a new Russian mat—I gave it to a man named Cleaver, the carman, and another of our men—I afterwards saw that trunk on the 5th of August at the police office at the London Dock—it was not then in the same condition as I had sent it off—it was broken in at one end, and a piece of old matting was sewn on to the new matting—I had it
weighed, and found it about thirteen pounds short in weight—that would represent about a dozen pairs of boots and shoes.
JOHN COLEMAK . I am in the service of the London Dock Company—on 20h July, I saw some trunks given into the charge of the mate of the Ærial—they were numbered from 120 to 131 inclusive, and marked "B. & C." on the outside with a "G. & D." underneath.
GEORGE DELL . I am a stevedore, living at 20, Ann-street, Devenport-street—I was employed as stevedore of theÆrial—on Wednesday, 22d July, I employed four men, of whom the male prisoners were two, from 6 in the morning till 12 at noon—they were all working together on the deck and in the hold—there may have been some on deck and some in the hold—they left at 12 o'clock.
Brooks. Q. Were you aboard the ship this morning when we were employed? A. Yes—I was in the lighter the first part of the morning, unloading crates—the barge was out about a quarter past 10 or a quarter to ll.
COURT. Q. Was Brooks loading the vessel? A. He was employed for that purpose—I did not see anything of these trunks on that day—they had been put in the hold on the 20th.
LEAH SPECHETER . I engaged the two male prisoners for Mr. Dell at 6 o'clock on the morning of the 22d; two days after that I found a trunk broken open in the hold—I sewed a piece of matting over the broken end.
Brooks. Q. What were you doing? A. I was loading beer in crates and casks—you were at work there till 12 o'clock; from 11 to 12 you were down in the hold at work and I was in the art-hold at the other end of the ship at that time—I could not see what you were doing.
HENRY DYER (Thames-policeman, 51). On the afternoon of 4th August, about half-past 3, I saw Brooks go into 6, North-east-passage, Wellclose-square—I waited a short time, and then knocked at the door—I saw Brooks, and told him I should take him in custody for being concerned with others not in custody in stealing, on 22d July, from on board the Erial, twenty-three pairs of boots—he replied, "You must be mistaken; I was not there."
Brooks. I am no scholar. I cannot read or write, and I did not know the ship's name.
MR. GIFFARD. Q. Was anything said about the London Dock? A. Not to my knowledge—I left him in charge of another constable.
WILLIAM SLATER . I am in the service of Joseph Tan-ant, of 16, Capel-street, a pawnbroker—I produce a pair of girl's boots pawned at our shop about 8 o'clock on the morning of 23d July, for 1s. 6d.—a man pawned them—I believe it was the prisoner Brooks—I do not speak positively to him, but, to the best of my belief, he is the man.
Brooks. Q. Did you not say at the police-court that your shop was too dark you could not see the man? A. No; I did not; the boots were pawned in the name of George Smith.
E. H. SCHOFIELD (re-examined). These (produced) are a pair of boots I packed in that trunk.
Brooks' Defence. I do not know anything about the boots; I never handled them, or saw them; I worked in the barge the best part of the morning, and was only in the ship's hold for half an hour.
GUILTY .— Confined Six Months.
The following prisoners PLEADED GUILTY:—
1108. JAMES CRAWLEY (18), and CHARLES WILLIAM PAYNE (18) , to breaking and entering the ware-house of Robert Kingston Burt, and stealing 3 coats, and other articles. Confined Twelve Months each. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, September 22d., 1863.
Before Mr. Common Serjeant.
MESSRS. LEWIS and WILLIAMS conducted the Prosecution.
FREDERICK JOHN WILLIAMS . I am a stationer, of 19, Conduit-street, Paddington—on 28th August, about half-past 2, Thomas came in and asked for 10s.-worth of postage-stamps, and gave me 10s. 6d. in silver—there was a bad florin among it—I bent it in a machine, and said, "This florin is bad"—she said, "Will you see if there is any other bad money among it, as I had it all from the same place"—I said, "Where was that?"—she said, "From a friend of mine"—she gave me a good coin—I returned her the other, and she left with the stamps, which I had wrapped up in a shop bill of mine—I sent my boy to watch her; he came back in about an hour—I then went to the station and saw the two prisoners and a man named Wright, who has since died—I saw the postage-stamps there, and identified them by the bill they were wrapped in—I also saw the florin which I had bent (produced).
Thomas. Q. Did not I give you a half-crown for the florin? A. I do not think so, as you gave me 10s. 6d. at first, and I had to give you sixpence back.
FREDERICK REEVES . In consequence of what my master told me I followed Thomas down Westbourne-terrace till she came to Charles-street—I then saw her with Davis; they went up to a grating, where Davis stooped and put something white down—they then walked to the corner of Charles-street, and I looked down the grating and saw something shining—I went down Charles-street and saw Wright with the prisoners—they talked together for two or three minutes, and then Davis and Thomas went on, and Wright was five or six steps behind—he stopped at Jacob's, greengrocer's, in James-street, and the prisoners at Key's, in Westbourne-place—they went on the left side of the bridge and I on the right—they went into Mr. Webb's, the "Ivy-house," and Wright went past and crossed over to the "Warwick Castle "—I spoke to a constable, who went after Wright—I then went up to Thomas, and said, "If you please, ma'am, the policeman wants you "—she said, "What for?"—I said, "For trying to pass bad money at Mr. William's, of Conduit-street"—she said, "I have not been down there all day; what do I want a lot of little boys running after me for?"—the policeman came and took her—I went to the station, saw Doble, and afterwards showed him the grating from whence I saw a florin picked out.
who has since died, and I took him in custody—I found the prisoners in the Blomfield-road, and told them I wanted them for passing counterfeit coin in Conduit-street—they said, "You must be mistaken; we have not been in Conduit-street—I found on Wright some postage-stamps in one of Mr. Williams's bills, also a pocket-book and 17s. 7 1/2 d. in good money.
SAMUEL DOBLE (Policeman, D 179). On 28th August I saw the prisoner and Wright in Praed-street, at the corner of Conduit-street—they went towards Mr. Williams's shop—the boy Reeves afterwards pointed out a grating to me, and when the stones were removed I got a stick, fastened a spoon to it, and got up a bad florin—a constable afterwards came, who knew Wright and Davis to be man and wife.
MARY HAMPTON . I searched Davis, and found in her purse, a bad florin and 11s. 6d. in good money—I said, "This is a bad two shilling-piece"—she said, "I must have got that yesterday; I went to get something for dinner, and they gave me that in change"—I searched Thomas, and found 4s. 6d. in good money.
HENRY KIRK (Policeman, 358 D). I was at the station when the prisoners were brought in—they were placed in the dock; Davis was placed next to the wall—she put her band in the fold of the rug which was hanging over the front of the dock—I had her taken away to be searched—she was then brought back again, and I told her to stand back, as she had put something in the rug—I shook it, and a bad shilling fell out—she said, "I know nothing about that; I never had that"—I marked it and gave it to the inspector—this is it (produced).
Davis. Q. Did not I stand back against the wall the whole time? A. No.
Thomas's Defence. "I had been up to the station with her, and as I came out of the shop I threw the two shilling-piece away, as I knew it was of no use. I saw some one coming behind me; I saw Davis. I asked her the way. Her husband left us, and said that I was to come home with his wife."
Davis's Defence. "My husband must have taken the half-crown when he changed a sovereign.
NOT GUILTY .
MR. WILLIAMS conducted the Prosecution.
EDWARD FREDERICK KOHLER . I live at 15, Ship-alley, St. George's—on 4th September I and my wife were at a fire at Wellclose-square—I saw the prisoner snatch my watch and run away with it, and give it to another man.
Cross-examined by MR. COLLINS. Q. At what time did you leave your house? A. Past 12, and the prisoner took my watch at half-past 12.
ANNIE KOHLER . I am the wife of the last witness, and was with him in Wellclose-square after 12 o'clock on the night in question—the prisoner took his watch, and gave it to another man, who ran away with it down an alley—we both caught the prisoner.
Cross-examined. Q. What time was it? A. About a quarter-past 12—there were a great many people there because there was a fire—the prisoner had not run away; my husband caught him in a moment, outside a public-house close to the spot.
MR. WILLIAMS Q. Are you quite sure you saw the watch in the prisoner's hand. A. Yes.
Cross-examined. Q. Was he in the public-house or outside? A. Inside; the house was crowed inside and outside too.
GUILTY .** Confined Twelve Months.
The following prisoners PLEADED GUILTY:—
1111. MARY ANN WILLIAMS** (28) , to stealing, in a dwelling-house, 1 gold chain, 1 brooch, and other articles, value 9l., after a previous conviction.— Five-Years' Penal Servitude. [Pleaded guilty: See original trial image.]
1114. HENRY HENSALL (29) , to burglariously breaking and entering the dwelling-house of Louis Owen, and stealing therein 1 spoon, and other articles, his property.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, September 23d., 1863.
Before Mr. Justice Byles.
1115. HENRY BONNY (46), Pleaded guilty to stealing 5 pairs of trousers, value 5l., of Martin Schunck, in his dwelling-house, and afterwards burglariously breaking out of the said dwelling-house, having been before convicted.— Confined Twelve Months. and
MESSRS. CLERK and METCALFE conducted the Prosecution.
WILLIAM HENRY NICHOLSON . I am a banker at Rochester—on 1st or 2d July last I wrote a letter to Messrs. Upward and Co. of Throgmorton-street, City, enclosing these four acceptances of shares in the Scinde Railway, together with a fifth, which is not here—I also enclosed in the same envelope a letter addressed to Messrs. Upward—this is a portion of that letter—one of these acceptances is signed by myself, and the others by other members of my family—the fifth was signed by Mrs. Elizabeth Phillips, my sister—that was for seventy-two shares in the same railway—I fastened the envelope, and directed it to Messrs. Upward and Co., 15, Throgmorton-street—I delivered it, with other letters, to John Loft, my servant to take to the post—my signature was on a part of the letter, and the address of Messrs. Upward—those have been torn away.
JOHN LOFT . I am servant to Mr. Nicholson—I took the letters to the post-office on 1st July—amongst them I remember one addressed to Messrs. Upward and Co.—I posted that letter at Rochester in time for the London post that day.
WILLIAM UPWARD . I am one of the firm of Upward and Co., stockbrokers, 15, Throgmorton-street—I did not on 2d July, or at any time, receive a letter from Mr. Nicholson, enclosing these acceptances—I had sent them to Mr. Nicholson about 25th June.
on 3d July Mr. Bennett brought me five letters of acceptance in the Scinde Railway—I had a transaction with regard to four of them, all but the one for seventy-two shares—these are them—they are called letters of acceptance and renunciation—these are all acceptances—when renounced by the allottee, they are saleable in the market to any one whose name is inserted in the blank—the shares were at that time at a premium—I gave 1l. per share premium for the forty-three shares I bought—the four letters represent forty-three shares—having completed the transaction, I handed to Mr. Bennett a cheque for the amount less the brokerage—I declined to deal with regard to the seventy-two shares at that time.
FREDERICK BENNETT . I am a stockbroker, of 2, Copthall-chambers, City—on 3d July John Calder called upon me with certain accepted letters of allotment in the Scinde Railway—these are four of them; there was a fifth for seventy-two shares, signed by Elizabeth Phillips—he also produced this portion of a letter—after some conversation with Calder, I went to Mr. Austin, and had a dealing with him for the shares that same day—I sold him the forty-three shares at 1l. premium—the whole were sold; if the result of the inquiries as to the seventy-two proved satisfactory; the transaction with regard to the forty-three was completed—this (produced)is the sale note which I gave Calder for those shares—it is my writing—as I went from my office that afternoon I saw the prisoner Jestico in the street, about two minutes' walk from my office—I had known him before when I was a clerk in the Post Office—at that time he was a letter-carrier in the same office—I spoke to him, and asked if he was in the habit of delivering letters at Messrs. Frestone's office—I can't say whether the prisoner was then in the employment of the Post Office; he had not the uniform on—Messrs. Frestone are solicitors in Coleman-street, to whom Calder had referred me when he brought the shares to me—Jestico was standing on the opposite side to Messrs. Frestone's—I asked him if he thought they were respectable persons—he said he thought they were—I think he told me he had left the service of the Post Office—I returned to my office, and found Mr. Frestone there—I gave the sold note to Calder, together with the cheque—this note represents the whole, the forty-three and the seventy-two also—I gave the acceptance letters for the seventy-two to Mr. Frestone in Calder's presence for inquiries to be made—I did not have any transaction with regard to the seventy-two on the following day—I was standing outside Guildhall when the prisoner was brought there in custody by Hancock in a cab—he came up to me and said, "Mr. Bennett, if I had known these things were going to be brought to you, I would not have done it for double the money"—he said nothing more—I turned away.
Cross-examined by MR. SLEIGH. Q. Did he not say, "I had no idea that there was anything wrong about the matter?" A. If he did, I did not hear him; I did not hear him say anything more than I have stated—I immediately turned away.
ROBERT DOWLE . I live at 30, Manor-place, Walworth—I am a crinoline, bonnet-maker, and boot-maker, carrying on business at I, St. Georgescircus, Blackfriars-road—I know the prisoner—he formerly kept a beer-shop in St. George's-circus, and I lodged there at that time—on 2d July he came to my shop about 2 o'clock in the day—he asked me how I was getting on—I told him things were improving a little—he asked whether I would have anything to drink—I said I did not mind, and he sent my apprentice out for some gin and some beer—my cousin who works for me was there—the prisoner pulled out some gold an; 1 silver, and told me there was no lack
of money with him—after that he said he wanted to speak to me privately, and we went to the Duke of Clarence, at the comer of the London-road, to the private bar—he there said he thought it was a very great pity that a smart young man like me should be hard up—I said it was, but at the present time I could not help it; I had not been so long—he then said that he could make my fortune for me—I expressed my willingness to have my fortune made—he pulled out a large pocket-book from his side pocket, and, took out half a sheet of letter-paper, partly printed and partly written, opened it, and said, "This is what we are doing of now"—he told me they were shares of allotment of the Scinde Railway Company, the fourth issue, twenty shares—I read that one down—(looking at those produced)—this is the one—I noticed that it was signed "H" or "W. J. Nicholson"—I am quite sure this is the one he showed me—he asked me if I knew any stockbrokers—I told him I did, I knew two—he said, "So much the better. Now, if you will go and sell these for me to-morrow morning, as there are four of us in it, your share will amount to about 24l. or 25l."—I led him to believe that I would do so, but to make sure what they were, I asked him to show it to me again—he then pulled out another one, just the same thing, only at the bottom it was signed, "Elizabeth Phillips"—I handed it him back again, and made an appointment to meet him next morning—I made a further appointment to meet him on the same evening, which appointment I did not keep—he then went away—he said he had got something else for 4,000l. in his pocket, but that must go to St. Petersburgh—I immediately went to Bow-lane police-station and made a communication to the police—I met the prisoner the following morning at the Obelisk in St. George's-circus—he was talking to the crossing-sweeper—he said to me, "You are not dressed smart enough"—I told him if he would wait about an hour I would make myself smarter—he said, "Oh!"—at that time a man, whom I have since ascertained to be Calder, came up, and the prisoner said, "If you won't do it, here comes a man that, will"—he told Calder to walk on towards the Oxford public-house in the Westminster-road—Calder did so—I saw nothing more of him at that time—I have since seen him in New gate—on the Monday morning following, 6th July, the prisoner came to my shop—I asked him how he got on on Friday; whether it came off all right—he said, "Yes, partly so; something ought to have come off on Saturday, but did not."
JOHN CALDER (a prisoner). I am at present in New gate—I know this piece of letter and these shares—I have had them before—I gave them to Mr. Bennett—they were given to me by the prisoner on 3d July, the same day that I went to Mr. Bennett's—he gave them to me when we were going to the City—I met him at the Obelisk in Blackfriars-road—I went with him to Mr. Bennett's—he showed me where it was—I went in alone, and left the prisoner outside—when he gave them to me, he told me that he wanted to convert them into money—he gave me this piece of paper subsequently—Mr. Bennett refused to have anything to do with the shares until I had given him a reference—I then went out to the prisoner, and this, paper is what he gave me to give to Mr. Bennett as a proof, and I gave it to Mr. Bennett—besides these four shares, there was another for seventy-two shares—there were five altogether when I had them—I left this one with Mr. Frestone to have inquiries made as to the genuineness of the signature—I do not now remember how it was signed—it was for seventy-two shares—I received a cheque from Mr. Bennett—I got it changed at a bank just in the neighbourhood—I got cash for the amount of the cheque—it was 40l. odd
—I gave it to the prisoner, after deducting Mr. Bennett's charges, along with the sale-note—I got about 6l. for myself—I gave the rest to the prisoner—I saw him again next morning—he said he was very glad I had got the sale-note, as it was satisfactory; that it would prove how much money had been got, and what had been disposed of—he wanted it for the other parties—he did not mention any names in particular to me—he said there were two others, I believe.
Cross-examined. Q. How much did you receive as your part of this transaction? A. 6l.; not at the time the cash was brought from the brokers; it was at a public-house where I paid him—I was convicted of this offence last session—before I was tried, I mentioned the prisoner's participation in this matter—I made a statement—I believe the whole of that statement was true—I received 1l. first of all, and then I had 5l., in consideration that I was to get the seventy-two shares as well—that was the statement I gave for my defence—I never said anything more about it, because I was not asked particularly—when I was dealing in this matter with Jestico, I had no reason to doubt that it was a perfectly fair and honourable transaction—he never said anything more to me at that time than ask me where I could get rid of them—I believed it to be a fair and honourable transaction—I had no reason to suppose otherwise—I did it in the way of business-Jestico was very nearly a stranger to me—I do not say a perfect stranger, because I had known him for a fortnight or three weeks perhaps, or a little more—I was never in the employment of the Post Office—I do not know M'Donald, who was in the employment of the Post Office—I know a man named M'Donald—he did not keep a beer-house—he used to make jewelboxes—I have been a clerk—I was in the employment of Mr. Frestone, solicitor, both of Furnival's-inn and Coleman-street—I left him about fifteen months ago—that was not my last employment—I have had different employments since, but not permanent ones.
CHARLES REDPATH . I am an apprentice to Mr. Dowle—I remember seeing the prisoner at my master's shop about eight weeks ago—my master was present when he came in—I was sent out for some gin and beer—I saw the prisoner produce some money, gold and silver—I saw the prisoner again that same night; he spoke to my master's cousin, Richard Dowle—he said, "Is Mr. Dowle at home?"—he wanted to see him.
EDWARD HANCOCK . I am one of the City detectives—I apprehended the prisoner on the night of the 24th August, at 35, Manor-street, Chelsea—I told him that I was a detective officer, and held a warrant for his apprehension, which I read to him—he said, "I don't understand you; I know nothing about it"—I said, "Perhaps I can put it more clearly to you; last Session, a man named Calder was tried and convicted of the same charge, and sentenced to six years' penal servitude, and he says that you gave him those shares; it is for you to account where you received them from "—he said, "Calder, Calder; I don't know Calder; I know nothing about him'—on the way to the station in a cab, he said, "Did you say Calder?"—I said, "Yes"—he said, "I think I know who you mean; I formerly kept a beer-shop, and he used to use it, with a man named Jem, a cracksman,—that is a slang term for a burglar—I said, "When did you see him last?"—he said, "A short time since; I met him in the Blackfriars-road, and had a glass of ale with him"—I said, "Do you know a man named M'Donald?"—he said, "No"—I said, "That is strange; he was at your house last Sunday"
—he said, "There was a man there they called Jem, but I did not know that his name was M'Donald"—next morning I took him in a cab to Guildhall; I saw Mr. Bennett there—the prisoner said to him, directly we got out of the cab, "Mr. Bennett, if I had known these things would have been coming to you I would not have done it for double the money."
GUILTY .— Eight Years' Penal Servitude.
NEW COURT.—Wednesday, September 23d., 1863.
Before Mr. Recorder.
MR. POLAND, for the Prosecution, stated that the Russian Government would not press for punishment, if the prisoner would undertake not to repeat the offence; which MR GIFFARD., on his behalf, consented to do.—To enter into his own recognisances in 100l. to appear and receive judgment if called upon.
MR. GRESHAM conducted the Prosecution.
JAMES O'CONNOR (Policeman, 177 H). On Saturday evening, 31st August, I was on duty at the Tower, and saw the female prisoner coming out with a bundle—I took it from he; it contained this piece of lead, 21lbs. (produced)—she said that she picked it up—the prisoners are man and wife—he is a private in the 60th Rifles, stationed at the Tower.
THOMAS TOWNSEND (Policeman, 6 H). I was on duty at the police-station when the female prisoner was brought in—when the charge was made she said that she was innocent, for her boy brought the lead into her room—I saw the sergeant-major, and arranged for him to go to the male prisoner at the Tower the next day with the boy Griffiths, and then in the presence of both prosecutors, said that when she was charged the night before she said that she was innocent, as the boy had brought it into the room—the boy said, "Yes, that is right, and he gave it to me" (pointing to the male prisoner)—I said, "You hear that"—the male prisoner said, "That is right."
George Taylor. Q. Did you have the guard-room searched in the morning? A. Yes; I was sent for on 17th August by one of the gentlemen in the War Department, to say that the lead was stolen—I then examined the soldiers' knapsacks, and your's as well; I could tell by the weight that the lead was not there then.
WILLIAM GRIFFITHS . I am the son of the female prisoner—my father gave me the piece of lead tied up in a cloth, and told me to put it under the bed—I did not discover that it was lead till two or three days afterwards, when I untied it—I then put it under the bed again, and said nothing—I did not give it to my mother.
George Taylor. Q. It was books that were covered up? Witness. No; it was lead; it was so heavy I could hardly carry it.
Mary Anne Taylor. You know, Willy, you gave it to me. Witness. No, I told you I had something, but I did not know what it was—I saw it about a week before you were taken into custody, but did not see it that morning.
there was a pin through the bolt—it was missed on the 17th, and is the property of Her Majesty.
George Taylor. Q. Are all Government things marked? A. Yes; there is no mark on this, but it is a peculiar article, made by our own people.
STEPHEN BOWER . I am a labourer in the Tower, and have charge of the cranes—I put this lead on the handle of the crane; I can swear to it among fifty pieces—here are the marks where I hammered it to make it fit, and here is the hole where it hung on to the crane—a child could not move it, nor could a man in less than five minutes, without a hammer or pincers, or a good pair of pliers—I saw it safe on the 15th; I missed it on the 17th—the labourers leave at half-past 1 on Saturdays.
THOMAS STREER , I am a corporal in the 60th Rifles—on 16th August I was in charge of the drawbridge guard—the male prisoner was on duty there that afternoon, and asked permission to leave, which I granted him for a quarter of an hour or twenty minutes—he went past the crane from which the lead was taken, but it was not in sight of where he was—there would be nobody by, as he passed it.
George Taylor's Defence. I am innocent of stealing it, I picked it up in the ditch on the afternoon of 19th August, before the drawbridge was drawn up; a lot of chaps were pitching it about in the ditch before the Mintguard.
COURT to THOMAS STRONG. Q. When it was missed on Monday, was anything said about it to the men? A. The policeman came to me in the male prisoner's presence, and asked me if I had any objection to his searching—a man could tell if 21lbs. of lead were in a soldier's knapsack—the prisoner was not in the ditch during the time of my guard.
MARY ANN TAYLOR.— NOT GUILTY .
GEORGE WILLIAM TAYLOR— GUILTY .— Confined Four Months.
MR. GRESHAM conducted the Prosecution.
FRANK ALDICE . I am cook at the dining rooms 10, Harp-lane—on 3d September, about five minutes past 6, I was on top of an omnibus, and saw the prosecutrix and the prisoner, and another person by her—the prisoner put her hand in the prosecutrix's pocket, and took out a small buff-coloured purse—I called out, got off the omnibus, and laid hold of the prisoner, who passed the purse to another female who stood by her side, and who made off while I was getting down, the omnibus being in motion.
Cross-examined by MR. WILLIAMS. Q. Where was the prisoner? A. At the corner of Fenchurch-street, and the omnibus had drawn up to the kerb—there were four or five people about.
ELIZABETH TURNBULL . I am the wife of William Turnbull, of Wyndham-street, Bryanston-square—on the evening of 3d September I was in Grace-church-street—some one called to me from the top of an omnibus, and I felt in my pocket and missed ray purse, containing 1l. 3s. 9d.—it was safe a few minutes before—I saw the prisoner quite close to my side, and saw Aldice take her in custody—my purse has not been found; it was a buff one.—
GUILTY . She was further charged with having been before convicted at Clerkenwell in 1858; to which she.
PLEADED GUILTY.** She had been four times in custody in five years.— Four Years' Penal Servitude.
MR. WILLIAMS conducted the Prosecution.
THOMAS WATSON . I keep the "Kings' Arms," Queenhithe—the prisoner was my potman two months—I kept my cash-box in a drawer in the barparlour—on 16th September, about 11 o'clock, I went to the drawer and took some change from the cash-box, which was there safe, with 29l. 10s. in it, some fourpenny-pieces, policies of insurance, and other papers—I locked the drawer, put the key on a shelf just above, as I usually do, and went down into the cellar—in about four minutes the barmaid called out, and I came up and missed my cash-box and the prisoner; he returned in about an hour—I accused him of stealing it, and gave him in charge—he said that he knew nothing about it—he had no right to be absent from 11 to 12—I had given him a week's notice, and he was to leave on the next Saturday.
ELLEN WOODWARD . I am barmaid to Mr. Watson—I was serving in the bar when my master went into the cellar—the prisoner was also in the bar—I heard a noise behind the door, and saw the prisoner there with something under his waistcoat, covered with a handkerchief, pushing it forward—I asked him what he had—he said, "Nothing," and ran out of the house—I ran to the door after him, but he was out of sight—no one but the prisoner went into the bar-parlour while Mr. Watson went into the cellar.
Prisoner. I only had my pocket-handkerchief in my breast.
DAVID RICHARDS . I am a labourer of 4, George-court, Bennett's-hill—about 11 o'clock in the day I saw the prisoner on the first floor loophole, Bull's Wharf, passing a box covered with a handkerchief, to another man, who went away with it—the prisoner stopped about two minutes and then followed him—I knew the prisoner, and knew in whose employ he was.
GEORGE CROW . I am a labourer of Bread-street-hill—on Wednesday morning, about 11 o'clock, I was at work on Bull's Wharf, and saw the prisoner come there and give a box, about the size of a cigar box, partly covered with a handkerchief, to a man named Weeks, who I knew—I asked the prisoner if he had got a rat in the box, and he said "Yes"—there was a dog jumping and barking at the box, which made me think it was a rat—he said, "Make haste and take it home," and pushed Weeks, who went away, and the prisoner after him—I knew them both; I have known the prisoner from a child.
Prisoner's Defence. I only gave the man some meat in a pocket handkerchief; all I went behind the bar for, was to get a knife and fork for a customer; I then went up the street, and had half-a-quartern of gin and a screw of tobacco.
GUILTY .— Confined Twelve Months.
HENRY TAYLOR . I reside at South Mimms, near Minhall Farm—on 17th September I was going to Potter's Bar station, and saw the prisoner coming out of a field in the occupation of Mr. William Geddes; he was about twenty yards from a stack of stubble which had been just set on fire—there was nobody else there—I called to him, and asked him who had been setting the stack on fire; he said, "It is not on fire"—I said, "There is nobody here but you, you must have done it"—he said that he did not—a person came up, and I sent a message to Mr. Geddes—the prisoner said that he saw a man coming across the field with a straw hat on, in the direction in which I had come; I had seen no one with a straw hat—there is no footpath in the field.
prisoner in the Hatfield-road—I told him that the rick was on fire, and I suspected him of being in the field—he said that he knew nothing about it—I said, "Yes, you must, because you have been telling people as you came along of the occurrence"—a little while afterwards he said, "It was not me, it was a man with a straw hat and a flannel jacket"—I took him to the station, and after he was remanded I pressed him very closely to describe the man with the straw hat and flannel jacket; he made a stop, and said, "Well, there was no man, I had but one match and I lit it with that match; I was so very hungry I did not know what to do."
GUILTY. Recommended to mercy by the Jury on account of his youth . Judgment Respited.
MR. ORRIDGE conducted the Prosecution.
MARY ANN WORGER . I live at Russia-green, Lewisham—on the September, between 5 and 6 o'clock, I was on London Bridge, and saw the prisoner pass me three times; as he passed me a fourth time I felt a snatch, and found his hand in my pocket as I was going to turn to let him pass, which gave my pocket a snatch—I saw his hand leave my pocket, and called "Stop thief" when he had only passed two people—he went into the middle of the road, and I after him—he put his hand to a horse's head to stop it, and I passed also; I followed him till he was given in custody—my purse was picked up by a cab driver—this is it (produced)—my money was safe in it.
Cross-examined by MR. BESLEY. Q. On which side of London Bridge were you walking? A. The left side going to the Railway Station—there were a great many people on the pavement—there was no clear space where anybody could pass without going under a horse's head;—I kept him in view till he was taken.
GEORGE SMITH (City-policeman, 602). I was on duty on London Bridge, saw a crowd, and the prosecutrix said in the prisoner's presence that he had stolen her purse which she had in her hand—I took him in custody; he said, "Hold on, policeman, never mind about her; here is 5s. for you"—I took him to the station.
Cross-examined. Q. Did you see any 5s.? A. Yes, in his hand—I did not accept it; another constable took it from him.
JOHN LINSALL . I am a cab driver of 7, Angel-court, Haymarket—I was on London Bridge, and saw a purse drop under a wagon—I got down, picked it up, inquired for the party it belonged to, and gave it to the prosecutrix.
GUILTY .— Confined Six Months.
MR. DAY conducted the Prosecution.
JONATHAN PEEL . I live at Emos-terrace, Chelsea, and have no employment—on 30th June, about a quarter to 10 o'clock, I was proceeding to my residence, and was close at home, near the Hospital ground, when I was seized suddenly behind, and in a few seconds was perfectly insensible—my mind was very much pre-occupied, and I was completely taken by surprise—I was caught tight by an arm round my throat—it was a brilliant moonlight night, I could see to read small print—I picked up my hat and saw two men running away—I then missed my watch and a heavy gold chain, they had been fastened by a heavy key through my button hole; the key
was wrenched off—the street was crowded, but instead of getting assistance I was impeded and sworn at; they said, "D——you, what is the use of calling 'police' "—I found a policeman afterwards—I felt the effects of strangulation for some days, and a stiffness in my back, as if a knee had been driven into it—my key was brought to me next morning—this is it (produced)—a woman spoke to in after I was attacked.
FLAVIE HAZLEDINE . I am the wife of John Hazledine, a Chelsea pensioner, of 5, Franklin's road—on the evening of 30th June I was going home, and saw three men between Franklin's-road and the asylum; they were close together, and presently I saw two running away—presently I heard a cry of police, and they went into a court—I went up to the third and asked him what was the matter—it was the prosecutor—he was left in the middle of the road—I knew one of them well, and had seen him repeatedly—the prisoner is the man—he passed close to me; he was the best runner.
Prisoner. Q. You had never seen me before in your life? Witness. A. I have seen you repeatedly, and have looked at you, and thought you very unpleasant for a young man.
ROSA MINNIE . I am between nine and ten years old, and live with my father and mother at 15, Turk's-road, Chelsea—on 15th June I was out rather late, and saw this gentleman robbed at the corner of Turk's-row—there was one man in front of him and one behind him—Jim Luby was the one in front of him; I had seen him before, he lives in the neighbourhood—I spoke to the police—there was a third man who stopped behind.
JAMES GATLAND . (Policeman, B 322). On 30th June, about twenty minutes to 10 at night, I was going to Pimlico station, and met three men at the corner of Franklin's-road and Turk's-row—the prisoner is one of them—he spoke to me; I know him well—I received information, in consequence of which I searched for him for nearly two months, but could not find him, though I went to the place where he lived—I afterwards found him in prison.
JOHN HORNBLOW (Police-sergeant, B 24). On the night of 30th June I was on duty at College-road station, when Mr. Peel came there and made a statement—he was very much excited, and appeared to be suffering from the effects of a severe struggle—I accompanied him to the spot, and afterwards took him home—I then went back to the spot, searched, and found this key half-way between the kerb and the middle of the road, just opposite the Asylum.—
GUILTY . He was further charged with having been before convicted at Westminster in May, 1853, to which he
PLEADED GUILTY. He had also been fifteen times in custody.— Ten Years' Penal Servitude.
MR. GRESHAM conducted the Prosecution.
HENRY STEPHENS . I am a horsekeeper, and live at 20, Turner's-square—on Sunday night, 28th August, about 11.15, I went to the "George" public-house, at the corner of Goodman's-yard, Whitechapel—there were five soldiers there, the prisoners are two of them—I asked them if they would have a pot of beer, which they did, and then Grover asked me to fill it again—I paid for ten pots of beer between five soldiers, four girls, and myself—I left about half-past twelve—I then had 1l. in silver in my trouser's pocket, and 7s. 6d. in my waistcoat pocket—I left with Elizabeth Cook, leaving the five
soldiers outside the public-house with three girls—Grover then came up to me, and said, "Are you going to Whitechapel with me?" I said, "I do not mind"—the three girls turned back—I thought there was something up, and did not go with them—I sat down with the girls, and Grover struck me on the mouth, and Gearing also—I felt a hand in my pocket where the 1l., in silver had been, but there was no money in there then—I had taken it out, and the landlord saw me put it into my breast pocket—he told me that I was getting into rum company—one who is not here put his hand to my throat, Gearing then struck me, and down I goes—I was knocked down a second time, and then I missed the money from my waistcoat pocket—I took Gearing by the collar, and gave him in charge, but the policeman would not take the charge, he said that there was so much noise he did not know anything about it—I was quite sober—I saw Gearing next morning coming from Whitechapel into Leman-street—he was on one side and I on the other—I held my finger up for him to come over to me, which he did, and said, 'I am very sorry for what happened last night"—I said, "I will give you a pot of beer to tell me where your other mates are, you are the man who insulted me, and struck me"—he was going to strike me, and I did not say anything about his being one who had robbed me—he said that he had not seen his comrades since last night—I was taking him to the station, and three policemen came up and took him, and then he bumped my nose with his head, and made it bleed.
Gearing. Q. Are you sure I am the man who struck you? A. Yes; twice.
Gower. Q. How many days afterwards was it that you recognised me? A. On the Tuesday following; it was not a week afterwards, this was on Friday—I recognised you by your appearance—you were in uniform, but you had not got on the same jacket you have now, and your hair was not so short.
ELIZABETH COOK . I live at 1, Bell-place, Battersea-row, Whitechapel—on Friday night, 28th August, I went with Stephens to the "George" public-house to have a pot of beer—we left there about half-past 12—I was outside the door, but I did not leave till Stephens came back to me—he then went a little way in the street, and then Grover knocked him down, he struck him, put his hand over his mouth, and had him by the throat, and then he let him go, and the other prisoner came and struck him. in the eye—I halloed "Police" and "Murder"—I saw Gearing with both his hands in Stephens's pockets—I saw no money—I kept hallooing "Murder"—there were five round him—I was struck down by a crack on the head, and a policeman was struck down twice on top of me by the prisoners—I do not know whether that policeman is here—he was there just after the robbery was done—Stephens got the soldier by the neck, and gave him in charge, but instead of taking him they took me—I was as sober as I am now, and so was Stephens.
Gearing. Q. Did you see me strike Stephens? A. Yes; you struck him in the eye twice—I did not see you take any money from him, but I saw your hands in his pockets.
COURT. Q. Did Grover strike you? A. Yes; he struck me down and cut my head open, and he struck a policeman who fell on top of me—I said, at the police-court, that a woman fell on top of me, the policeman fell on the woman, and she fell on me—she is not here—I do not know the policeman's number—I was taken to the police-station, and afterwards let go—I then saw the five soldiers again, and saw Gearing strike Stephens again—he had him down again, and made a snatch at his watch-guard.
Grover. Q. Did not the prosecutor give you in charge as being concerned in robbing him? A. No; he gave the soldier in charge, but instead of taking him they took me—I was detained at the station about three or or four minutes.
NOT GUILTY .
WILLIAM BRESLIN (Policeman, H 133). On the evening of 28th August, about 1 o'clock, I was in Whitechapel-road in plain clothes, and saw the prisoners, and three others in uniform—I noticed their faces as they passed—I got a blow directly afterwards on the back of my head; I turned round, but could not tell which of the five took hold of me first for they all seized me—I tried to seize them, and Grover caught my watch-chain—I got my hand in his stock—(I had never seen him before, but I distinctly saw his face—I picked him out from forty or fifty men on the Parade at the Tower—Gearing was brought in by the prosecutor in the last case)—one of them caught me behind, got his hand in my waistcoat-collar, and pulled me back, I having one in each hand—I held one who has not returned to the Tower yet, and I could identify him now—I was knocked, down, and got up again still sticking to Grover and the other man—I lost three half-crowns out of my right trousers-pocket—the men were not rescued till I was knocked down again—Gearing came back first and said, "Are you going to let them go?"—I said, "No; I will not"—he hit me three times on the left eye, and the third time I was knocked down, and they all escaped—I did no duty for three days in consequence of their violence—I have no more doubt that the prisoners are two of the five, than that I am standing here.
Gearing. Q. Are you sure I struck you? A. Confident; I always said so—I said that the man I held in my right hand was fair haired, and rather carrotty.
Grover. Q. How many days afterwards did you come to the Tower? A. On Tuesday, 1st September,—I recognised you by your features—I do not remember whether you had short hair—I inspected the front rank first, and pointed out some men, but could not swear to them, though I had no doubt in my own mind—you were both in the rear rank—I did not stand five minutes in front of you, nor yet three—I knew your features directly—I do not believe I was a minute, but I might have been standing longer than that talking to the sergeant-major.
HENRY STEPHENS . On Thursday evening, 28th August, I saw five soldiers in the George public-house—the prisoners are two of them, I have no doubt—they left about half-past 12, and went towards Whitechapel-road—they did not appear noisy.
Gearing. Q. How do you know me? A. By your appearance—you were in uniform, but I cannot swear to your having the same jacket on as now.
COURT. Q. How long were they with you after you left the public-house? A. Seven or eight minutes.
ELIZABETH COOK . I was at the George public-house, and saw five soldiers there—I have no doubt that the prisoners are two of them—they left at about half-past 12—they were engaged for a few minutes outside, but I was taken away, and cannot say in which direction they went—I saw this robbery—I was going home, and the five soldiers were in front of me—I did not take notice of them, thinking they were the same who had knocked me about before—it was then about a quarter to 1 o'clock—I am not certain
to a minute or two—I saw a respectable man—I did not know that he was a policeman—he was walking across from the right side to the left—I saw the soldiers make a stop, went up and saw that they were the same soldiers as before—I ran in, and saw Grover with his hand over the prosecutor's mouth, and his other hand on his throat—Gearing struck him and knocked him down three times, and Grover snatched at his watch-guard—I saw it hanging down from his hand—the policeman held one of them in each hand, and I saw the whole five round—Gearing struck him twice in the eye, and knocked him down—I am not intimately acquainted with Stephens, but I saw him that night, and he asked me if I should like to have a glass of beer—I have known him sixteen or seventeen months—I am not related to him—I have received no money in this case.
Gearing. Q. Are you sure it was me that struck him? A. Yes; you struck him twice on the eye—it was about a quarter past 1 when I met you afterwards in Whitechapel.
COURT. Q. Who were you with? A. I was by myself, but two young men came up and asked me what was the matter, because I was crying, and my head was cut open—I said, "Do you know where the other young man has gone to?"—Grover said, "What is that to you?"—and he said that he had been taking a young woman's part, against a person who had knocked her down and given her a black eye—he went away across the New-road.
Grover. Q. Did not you state that you were behind me? A. Yes, twenty or thirty yards, and I saw you holding the prosecutor by the neck; but I looked in your face, and took a regular good notice of you to make sure of you.
COURT. Q. What are you? A. I have been taking in washing for the last three months—I live at 1, Princes-street—I was going home when I was taken to the station—I did not go straight home, because I thought he was the man, and I might give him in charge—I was on my way home, but saw the row, and went to see if it was the same party who had knocked me about, and I met Gearing and his young woman.
JURY. Q. Did you see either of the prisoners take the umbrella? A. No; but I did the watch-guard?
Gearing's Defence. I have never been in prison before; my character is good in the regiment.
Grover's Defence. I was absent from the regiment; and if I had known it would come to this, I could have proved that I was in Berkshire at the time. It is very strange that this person stood so long in front of me before he pointed me out. I have been in the Indian Mutiny.
GEARING received a good character.— NOT GUILTY .
GROVER— GUILTY . Confined Twelve Months.
The following prisoners PLEADED GUILTY:—
1127. EDWARD QUINN (26) , to stealing 1 handkerchief, the property of George Gentry, from his person, after a former conviction for a like offence. The chief warder of Holloway Gaol stated that he had been there nine times.— Six Years' Penal Servitude. [Pleaded guilty: See original trial image.]
THIRD COURT.—Wednesday, September 23d., 1863.
Before Mr. Common Serjeant.
MR. KEMP conducted the Prosecution.
JOHN GEORGE WEST . I am an optician of 93, Fleet-street—about four years and a half ago the prisoner was in my employment—on 24th July, about half-past 4, I saw him come in at the shop door—I had not seen him that day before—Mr. Graham, who is in my employ, was at the time behind the counter in the shop—the prisoner was without a hat—I did not hear what he asked for—he appeared intoxicated—he seized hold of Mr. Graham, and a scuffle ensued—he fell down, and Mr. Graham said, "My God, he has broken my leg"—I saw him on his knees near the door—about two years ago Mr. Graham had occasion to remove him for coming in intoxicated, and he then said, "If it is twenty years to come I will have you; you are Mr. West's bully"—who had no instruments belonging to the prisoner; nothing at all.
Prisoner. Q. Have you not been the principal party in getting up this prosecution? A. Certainly not; Mr. Graham never stated to me before he went to the hospital, that he never wished you to be taken in charge—I know nothing at all about a beam compass of yours—I never saw such a thing—I have never opened your letters—you met me in Long-acre, on the Wednesday, I think, previous to this, and said to me, "I say, Governor, yon have got a trammel of mine in the workshop"—I said, "There is nothing of the kind there, Fennon;" and you said, "I shall call"—I thought no more about it—I was very glad to get rid of you, for you have been annoying me times out of number.
FRANCIS ROBERT GRAHAM . I am in Mr. West's employment—on 24th July, about 9 o'clock in the morning, the prisoner came in—I had known him between three and four years, by sight—he produced some Brazilian pebbles, and asked if Mr. West would buy them—he came again about midday, I think he was sober then, and then again about 4 o'clock—he was not sober on that occasion; he came without a hat, and in a great state of excitement from drink—Mr. West was in the counting-house—I had had a communication from him about the prisoner—he asked to see Mr. West—I told him Mr. West would have nothing to say to him—I opened the door and asked him to go out—he did not go—I said, "You had better go," or "leave the premises"—I then laid hold of his arm to induce him to leave the shop; he held back and resisted—I let go of him to move some instruments that were in the way, to get a clear passage to induce him to go out, and he seized hold of me and threw me down—I felt great pain immediately I was down, and found my right leg was entirely useless—I was assisted up and conveyed to the hospital—I was there forty-six days; the knee joint was put out, and there was laceration of the lateral tendons; it is still in a splinter—I walk with crutches—I never had any quarrel with the prisoner—I had no tools of his—I have been in Mr. West's employ between three and four years—I do not remember the prisoner working for him.
Prisoner. Q. Had we ever any angry words together? A. Only about two years ago, when I was obliged to put you out—I have never said that
I did not wish that you should be prosecuted—I have not told Mr. West so—I am not a fraudulent bankrupt—I suppose Mr. West keeps me for what I am worth.
COURT. Q. What are you? A. I am a clerk, and I make up government contracts.
Prisoner. He does Mr. West's dirty work.
MR. KEMP. Q. What did he say when you turned him out two years ago? A. I left him on the pavement directly I put him out—I did not hear him make any remark then; I believe he said something.
EBENEZER LUDLOW . I am house surgeon at St. Bartholomew's Hospital—Graham was brought there on 24th July, and remained till 8th September—the internal lateral ligament of his knee joint was lacerated, and the joint in consequence became inflamed; it was not dislocated—the injuries are not likely to be of a permanent character—I think he will recover from them—such injuries could have been caused by violently throwing a man down; the leg got twisted under—I should think it would be three months before the one leg is as well as the other.
Prisoner. Q. Are you aware what was entered in the hospital book? A. Yes, I entered it myself; it was not entered as a supposed sprain, that would indicate nothing.
—BARROW. I was in Mr. West's counting-house, heard a scuffle, looked up, and saw the heads of the prisoner and Mr. Graham, and then heard a great blow or fall—I rushed into the front of the shop, and found Mr. Graham on one knee, and the prisoner had just recovered himself from a fall, I presume, close to him—I heard nothing said.
Prisoner. Q. Did Mr. West order you to go for a policeman? A. He gave me no order, but I said to him, "Give the rascal into custody immediately," and to my astonishment he demurred to that—I being an invalid could not go, or I should most certainly have done so—I went to the shop door, but I could not cross to the Police-station; the traffic was so great—I called out for Mr. West's foreman, and I believe Mr. West did too—we raised Mr. Graham between us—you did not say you had come for your instruments.
Prisoner's Defence. T he only thing I can say is that Mr. Graham and I were on perfectly good terms. I went to the shop on that day, and offered him some pebbles, and he said Mr. West was not there then; they were good samples, and he would very likely buy them. It is very easy to say a man is drunk when he comes in without his hat. Mr. West came out and said, "Chuck the b—b—out of the shop;" that is his regular language. Mr. Graham laid hold of me, and fell on me; he is much bigger than I am; it is not likely I should take hold of him. Mr. West prevented me being bailed at the station-house, which shows the animus he has against me. The Prisoner called
JAMES FIELD . I am an optician at 4, Harwood-place, Drury-lane—I met the prisoner near St. Clement's Church on this day, and he asked me how business was—I said, "I have got four pair of pebble slabs here; do you know what I can do with them?"—he said, "Yes; I am going to Mr. West's to get a beam compass, and I will show them to him"—he went there twice, and Mr. West was not in—we then went to the Ben Johnson and had some beer and a snack—I was reading the paper, and I looked up and found the prisoner had gone—he came back in about a quarter of an hour or twenty minutes very much excited—he said, "I have been into that West's and he has ordered that fellow Graham to turn me out: he threw me down
and hurt my back, and he is hurt very much"—we were together up to 12 o'clock.
GUILTY.on the Second Count.
Joseph Gore stated that he heard the prisoner make use of a threat against Mr. West.— Confined Six Months , and to enter into his own recognisances in 20l. and two bails in 10l. each, to keep the peace for Twelve Months.
CHARLES DUMONT . I deal in fruit, and live at 4, White Horse-yard, Westminster-road—I bought a horse of the prisoner five or six weeks ago—I don't know the date—I was charged with stealing and receiving it, and discharged—the man came and owned it, and a policeman took it away—the prisoner said it was his own—a man named Bartram was with him at the time he sold it.
Cross-examined by MR. RIBTON. Q. Did not he say he was selling it for somebody? A. No—I am quite sure of that—I gave him 2l. for it—it was a broken-winded horse, and very poor—I bought it about 11 o'clock on a Sunday morning—I had seen the prisoner before—I used the horse to draw my fruit about.
WILLIAM CLARK . I am a greengrocer, at Bromley—on the first Friday in July, I bought the horse in question, for 5l.—I afterwards employed the prisoner to take it to Smithfield—I told him to take it up to the Bird-in-Hand, and wait there till I came; when I got there he was gone—I found him at the market—I refused the money offered for the horse, and told him to bring it home and I would pay him—he lives at Stepney—I never knew Bartram till afterwards.
Cross-examined. Q. What did you refuse for the horse? A. 3l. 10s.—I went to the prisoner's father's house, 4, Henry-street, Stepney, on the Saturday night, to see if I could find him—I saw his mother, and asked if he was at home—I never said, "He has got my horse at a price, and I hope he will get 1l. by it"—I saw the prisoner's father at his house on the Sunday evening—I went there to get my horse—I did not say then that I had given the prisoner the horse to sell, on condition that he should do well by it—I swear I gave him the horse to bring home to me, and I told him to make the best of his way home with it—that was about half-past 6 on the Friday evening; Friday was the market at Smithfield—there is no market on Saturday that I am aware of—I think the prisoner gets his living by taking horses to the market and bringing them home for people.
MR. DICKIE. Q. Were the prisoner's sister and father examined at the Police-court? A. Yes; they gave their evidence—I never received any money for this horse.
EDWARD MOORE .(Policeman, B 126). I took the prisoner on 10th September—he was charged with stealing a horse from Clark, and selling it to Dumont—I took him to Bow-street station, the inspector sent for Clark, and asked him if he knew the prisoner—he said, "Yes;" he had seen him him two or three times—the prisoner said, "You know me Clark; you gave me the horse to sell "—Clark said, "No, you vagabond, I entrusted you to take my horse home"—Clark would not charge him—he said he had been advised not to by the magistrate or the inspector; he seemed unwilling to charge him.
Cross-examined. Q. Did you ask him two or three times before he would do it? A. He said he had got his property back, and was satisfied—he did not charge him at all; Dumont charged him.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
THOMAS HENRIE . I live at 23, James-street, North Woolwich—on the night of 15th September, about twenty minutes past 9, I was in London-street going to the Fenchurch-street Station—I had a bag on my shoulder—the prisoner came up and asked me if I wanted a light porter—I said, "No"—she asked me again, and wished to take my bag from my umbrella—I said I did not want any light porter or anything of the sort—she then asked me if I would treat her; and I said, "No, get away; I shall lose my train; I have only five minutes"—she was on the pavement in front of me; she then left me in a very suspicious manner—I turned round, saw her running away, felt, and my watch was gone—I saw it safe, I think, some minutes before; as I was going up Fenchurch-street—I did not feel it going from me—when I turned round to follow her, a man put his hand up and said, "What is your game?" or something like that, and knocked my bag off my umbrella, and tried to stop me, and then a second man tried to stop me—I pushed by both of them—I never lost sight of the prisoner; she ran down London-street, crossed Fenchurch-street into Billiter-street, and I caught her there, between the first and second lamp, on the right-hand side, and brought her back to a policeman who was coming towards me—I have not seen my watch since.
Prisoner. It is false; I was coming down Fenchurch-street, and two women ran past me. I looked round at them, and the prosecutor came and took hold of me and said, "You are the woman who robbed me." I said, "I never saw you before," and asked him what he had lost.
Langford. Q. Were you quite sober? A. Perfectly—I lost my bag; the man knocked it off my shoulder.
EDWARD CARVILLE .(City-policeman,539). On 16th September the last witness gave the prisoner into my custody in London-street—she was searched but the property was not found—she said at the station that she did not know the prosecutor, she never saw him, and that she was proceeding direct from London-bridge—on going to Bow-lane station, she said that she hoped the chain or chains would hang the b—r—the prosecutor was perfectly sober, and so was the prisoner.
Prisoner. I did not say that; I said I hoped the chain was broken, and that he would break his neck for taking a false oath.
The prisoner's statement before the Magistrate read:—"It is false; I never saw the man till he came and charged me."
COURT. Q. About how long before are you sure you had your watch? A. It was about sixteen or seventeen minutes past the hour when I saw it and it was about twenty minutes or so past when I saw the clock at Fen-church-street—I was going to catch the twenty-five minutes past train.
GUILTY .— Confined Six Months.
MR. METCALFE conducted the Prosecution, and MR. F. H. LEWIS the Defence.
NOT GUILTY .
The following Prisoners PLEADED GUILTY:—
1133. EDWARD TERRY (23) , to stealing a coat, the property of William Bradley, after a former conviction of felony at this Court in July, 1862.— Five Years' Penal Servitude; [Pleaded guilty: See original trial image.] and
OLD COURT.—Thursday, September 24th, 1863.
Before Mr. Justice Byles.
MR. METCALFE conducted the Prosecution.
WILLIAM WRAY . I am an articled clerk, of 7, Furnival's-inn—on 13th August, about half-past 3, I was standing at the gate of Furnival's-inn—my attention was called to two omnibuses coming towards the City; one was a light green omnibus, and the other a dark green—the dark green was coming first; the deceased was conductor of that omnibus;—that was about ten or twelve yards in advance of the other when I first saw it—the omnibuses were very near Brook-street when I first saw them—that is not far from Furnival's-inn, between that and Gray's-inn-lane—I should think they were coming between eight and nine miles an hour; I think that is much faster than omnibuses usually go—the conductor of the dark green omnibus, I believe, was going towards the pavement on the Furnival's-inn side to get a passenger; he got off the board for that purpose—his omnibus had then stopped—he was going towards the near-side. pavement, when the off-side horse of the light green omnibus knocked him down, and the hind wheel passed over his head, and he was killed instantly—there is no hill there—the light green omnibus went on about thirty yards before it was pulled up, nearly to Leather-lane—the prisoner was the driver of that omnibus—when the deceased jumped off the board, I think the prisoner appeared to go quicker instead of stopping—I did not see him pull up at all, or try to pull up—I was nearly thirty yards behind when he actually stopped—I followed him up—I did not hear anyone call out to him—at the time the wheel went over the deceased's head, the near wheel of the light omnibus was, I should think, two feet from the pavement—I can't say whether there was room for the prisoner to have driven on the other side of the dark omnibus; it was an open space there—I do not know whether there were any other carriages in the road at the time—there is a urinal there, in the centre of the street, about twenty-seven feet from the pavement.
Cross-examined by MR. TINDAL ATKINSON. Q. Has a conductor, standing on the monkey-board, the fullest opportunity of seeing what is coming? A. I should say so—the dark omnibus stopped immediately opposite me by the urinal, which is opposite the entrance to Furnivals-inn—I did not see a woman standing on the pavement—there were other persons there—I did not see the deceased attempt to run across in front of the horses; he was knocked down so momentarily that I did not see him running at all—whether he walked or ran I am not prepared to say—at the time the deceased got off the monkey-board the other omnibus was not more than two or three feet off; it was about that distance—I did not hear the prisoner call out, "Hoy"—I was not agitated or flurried; I thought it was a very shocking occurrence, of course—I do not think the road does descend there—I did not see the deceased catch hold of the pole of the prisoner's omnibus; I saw him against the horse's shoulder—in falling
his back came against the horse; as he fell he had his back to me—I think he was struck by the horse; I can't say by which shoulder—I have seen omnibuses coming into the City in the morning; I think they were going faster than they do—I should think they did not go beyond eight miles an hour—I was looking at the man at the time he was struck—I cannot say say whether the prisoner did all he could to avoid doing him injury; I did not observe.
MR. METCALFE. Q. Had the light omnibus gained on the dark one from Brook-street? A. Yes.
WILLIAM THOMAS JONES . I am a physician, residing at 1, Montague-place, Kentish-town—on the day in question I got into the dark green omnibus, of which the deceased was conductor, in Southampton-street, Holborn—I had been standing there five or ten minutes; I noticed two omnibuses coming along at a very rapid pace—I had scarcely time to get into the dark green omnibus before it went on; in fact, it did not stop to take me and my friend in, we got in while it was in motion—I noticed an omnibus in the rear, and by the stamping of the conductor on his foot-board, and other movements, I was led to notice that they were racing—when the dark green omnibus came near to Day & Martin's factory, finding, I suppose that the proper side of the road, the near side, was blocked, it went round the south side of the cab-rank that is in the centre of the road there—nothing particular occurred till we came near to Furnival's-inn, except the constant urging of the conductor to his coachman to get forward, as the light omnibus was gaining upon him—when opposite the urinal in Holborn the dark green omnibus drew somewhat across the road, in a slanting position towards Furnival's-inn—the conductor had got down from his omnibus and gone in front of it to the side of the horses—as the window was open I heard him request his coachman to pull across the road, as the light green omnibus was advancing somewhat quickly—he said, "Pull across and stop them"—while he was in that position a very loud scream, as I afterwards learnt, from his wife, drew my attention to where the man was standing—he was then with his back to the upper part of Holborn, as if going to some passenger on the kerb, and I saw the light green omnibus advancing very rapidly; the collar of the off-horse caught the man at the back of his head, whirled him round and threw him on his back, and the hind hoof of the off-horse struck him on the side of the face—there was a slight attempt at movement on the part of the poor fellow—the fore wheel then grazed the side of his ear, taking it off, and the hind wheel caught the back, passing over the face, down the centre of the chest, and over part of his right leg—I immediately jumped out of the omnibus and picked him up—an immense volume of blood escaped from his mouth—he died about half a minute afterwards—his wife was a passenger in the omnibus—the light green omnibus went in on the nearside, and I should think from the swaying of the omnibus the wheels must have been close in to the kerb—there was certainly not room to have gone on the other side, between the urinal and the dark green omnibus.
COURT. Q. Then was the consequence of turning the dark green omnibus. horses' heads towards the pavement, to render it impossible for the other to pass it? A. Yes—I jumped out immediately I saw the accident, and while holding the deceased I called out to some one to run after the omnibus and stop it—I noticed it about twice the length of this Court before me, about thirty or forty yards, before I noticed that it had stopped—he passed on the left-hand side, between the kerb and the dark green omnibus, and went down Holborn-hill—the obstacle he met with was the deceased, no other.
MR. METCALFE. Q. Did the prisoner appear to pull up at once? A. No—he was going at such an immense pace that it was impossible for him to do so—I can't say whether he attempted to do so—I am familiar with the paces of omnibuses; I should say these were going from eight to nine miles an hour—they were coming very fast indeed past the inn—the light green omnibus had a very fine, powerful pair of horses—I can't say whether it was loaded—I noticed some passengers both inside and out.
Cross-examined. Q. I believe a Mr. Williams assisted you to get the deceased up? A. Some labouring-man came to assist me—I did not hear the prisoner cry out, "Hoy! hoy!" before this happened—I should not like to say whether or not he made any attempt to pull up—I heard no cry except that of the deceased's wife—I did not observe that the prisoner's off-horse plunged very much—the deceased had not got hold of the pole; the collar caught him by the side of the head—I was inside the omnibus, sitting at the left-hand corner, next the door—the accident happened by the side of the omnibus; I was looking through the window—the position of the man was almost in a direct line from his own horses' heads—the distance between the two omnibuses at the time the man was struck was, I should think, about three feet.
COURT. Q. How far was the light omnibus behind the dark one when you got in at Southampton-street? A. I should think from seventy to eighty or ninety yards—I could not quite judge the distance.
DR. CHARLES JOHN STEWART . I live at 5, Montague-place, Kentish-town—I got into the dark green omnibus with Dr. Jones at Southampton-street—I can't quite say the pace at which it was coming; it pulled up rather rapidly, and we were hurriedly put in—there was an omnibus, I should think, about fifty yards behind—I seated myself next to Dr. Jones, but, the sun being disagreeable, I moved on to the opposite side—the pace at which we were going was, I should think, about eight or nine miles an hour—they were racing; they were following each other as rapidly as they could, which was satisfactory to us, as we were in a hurry to get into the City.
JOHN KINGDON . I am a tailor, in the employment of Mr. Atkins, of 15, Holborn-hill—on the day in question I was at work in the second floor front-room, which is directly opposite the urinal, not on the Furnival's-inn side—I noticed two omnibuses; the first was not going quite so quick as the other, the light green; that was going, I should say, from seven to eight miles an hour—I am constantly in the habit of seeing omnibuses come into the City in the morning—they come rather fast—sometimes they come faster than they do at other times—I have seen 'busses pass quite as fast as the light green one—I could not say whether they were racing or not.
BENJAMIN WATKINS . I was the driver of the omnibus of which the deceased was conductor—I am in the employment of the London General Omnibus Company—I start from St. John's Church, Notting-hill—the other omnibus starts from Notting-hill-gate, Bayswater—I meet that omnibus at the Marble-arch—I start from the office in the Edgeware-road about ten minutes past 3 in the afternoon—I should think it was about twenty minutes past 3 when I met the other 'bus at the Marble-arch—I am not timed with him—it was behind me at the Marble-arch—I saw it down the Bayswater-road; I knew it was following about two minutes behind me—it was about thirty or forty yards behind me when I started from the Marble-arch—I did not see it again till I got to Tottenham-court-road—I did not continue to see it; I did not see it again till the accident occurred at Furnival's-inn—my conductor did not call my attention to some omnibuses
being behind—he did not, by rapping on the board, or in any way call my attention to another omnibus—he told me when at Tottenham-court road, that Edwards was behind, and I looked behind, and saw him about four 'busses behind—I did not increase my speed; I kept my time on—I suppose I was going about six miles an hour—that was about our usual pace—I was stopping when he passed me on the near side—that was when I saw him.
Cross-examined. Q. Is it the fact that you were racing? A. No—I started first from Tottenham-court-road—ours is a two-minute time, and the Bayswater omnibus is four-minute time; but when a Whitechapel 'bus comes out of Edgeware-road, they have only two minutes—it is my duty to keep midway between the two—the other omnibus never passed me from Tottenham-court-road till the accident—the road begins to descend at the urinal.
COURT. Q. How fast was the prisoner's omnibus coming? A. I cannot say; he was behind—I should think about seven, or seven or eight, miles an hour—I can't exactly tell—I have not said it was eight or nine miles (looking at his deposition)—this is my signature—it states here that the prisoner was coming at the rate of eight or nine miles an hour—I should say he Was coming eight or nine miles an hour; but I can't exactly say.
Witnesses for the Defence.
CHARLES WATERS . I am a farmer, at Acton—I was on the light green omnibus, the horses of which caused the death of the deceased—I was on the top, on the knife-board, on the off-side, next the driver—I got on at Tottenham-court-road—we came from there to Holborn-hill between seven and eight miles an hour—I noticed no racing between the two omnibuses—when we got to Gray'-inn-lane we were going at just the same pace—we did not increase our speed between there and Furnival's-inn—when we reached Furnival's-inn, the other omnibus stopped—I heard the prisoner hallo out to the deceased, and so did I, when he jumped from the monkey-board and he pulled up his horses as quick as he could—he continued to do so, and stopped opposite Ridler's Hotel—that is before you get to Leather-lane—I saw the deceased in front of the horses—he had got hold of the pole with his left hand—the horses seemed frightened at his being there, and they trod on his heels three or four times; and, as they did so, he knocked his head backwards against the off-horse's head.
Cross-examined. Q. Did the prisoner commence to pull up as soon as the man jumped off the monkey-board? A. Yes; as soon as he saw he was in danger—we were about five yards from the other omnibus when the deceased jumped off, the prisoner called out to him immediately, and pulled at his horses as hard as he could—I did not notice the omnibus till the accident occurred—our omnibus was going between seven and eight miles an hour, not more—we had a very good pair of horses, but they were not going faster than that—I did not care how soon I got into the City; I wanted to get to the Bank before 4—I did not notice the other omnibus go round the other side of the urinal—I perceived a jerk as the omnibus went over the poor man.
COURT. Q. Were there many passengers on your omnibus? A. One on he near side, and one on the knife-board; three altogether—I don't how it was loaded inside.
SAMUEL WRIGHT . I am a copper-plate printer, of Hanover-court, Long-acre—on 13th August I was opposite Furnival's-inn, on the pavement on the Inn side—I saw the omnibus which the prisoner drove coming towards Holborn-hill—I consider he was coming at between six and seven miles an hour—I heard the prisoner hallo out, and I called out, "Oh!"—the prisoner attempted to pull up, but he could not; he was pulling up with all his might, but he was going down-hill then—the horses made a bit of a plunge as the man fell.
The JURY here interposed, and found the prisoner
NOT GUILTY .
WILLIAM MOUNSEY . I am a provision-dealer, of —on Saturday, 8th August, between 1 and 2 in the morning, I heard a noise at my parlour window—I got out of bed and listened, and looked out, and then returned to bed again—I had seen that the house was secure before I went to bed—I got up a little before 6—I found the fanlight over the door broken through where the thieves had got in—I missed the articles stated from the back parlour, where I had seen them over night.—I gave information to the police, and on the Tuesday following I saw the prisoner in custody.
Cross-examined by MR. RIBTON. Q. Is the fan-light a large one? A. No; about a foot in height, with hinges at the top—it is as wide as the door.
JOHN BRYAN . I am a shoeblack, and live with my grandfather, in Green-yard—on Saturday morning, between half-past 1 and 2 o'clock, I was locked out, and was sitting on a step near the back of the prosecutor's house, and saw the prisoner standing near a post—a little while after, he passed me with a stone tied up in a handkerchief—I saw him go to the door—he flung the stone up, it hit the window over the door, and I heard all the glass break—he ran away, and came back in about a quarter of an hour and stood a little while—he then put his leg up on to a little window-ledge and stood up and put his arm in the window and pulled out some articles, and when he had got them he ran away—I was sitting down about five yards from him—I did not see anybody inside the house; I only saw the prisoner—he continued standing on the ledge—I did not see him get in; he only put his arm in and pulled the things out—he was there about ten minutes—I had seen him before about the streets.
Cross-examined. Q. Of course you called the police? A. No, I did not; I was afraid—a boy they call Sukey said he would give me in charge—I knew the prisoner was doing wrong—I had been to the play; it was not over till 12, and I got locked out—I was walking about the neighbourhood all night—I did not see any policemen about.
MR. LILLEY. Q. If you are not home by 10 o'clock, will your grandfather let you in? A. No—McCarthy was not there on the Saturday; he was on the Tuesday.
DENNIS MCCARTHY —I get my living by working in the docks sometimes, and on St. Katherine's Wharf—I live at 4, Garden-court—on Tuesday night, 11th August, I saw the prisoner and Bryan, and a boy named Sukey—Sukey said to him, "If you don't mind yourself, I will lock you up for the house-breaking
you done at Mr. Mounsey's—the prisoner said nothing, but walked away, and Sukey told us to go and call Mr. Mounsey.
NOT GUILTY .
MR. TINDAL ATKINSON conducted the Prosecution.
— GUILTY of the attempt — Confined Five Months.
NEW COURT.—Thursday, September 24th, 1863.
Before Mr. Recorder.
He received an excellent character.— Confined Eighteen Months.
1139. JOHN SMITH (24), JOSEPH PEMBERTHY (20), and JOSEPH CHARLES HARRISON (29) , Stealing 1 cask, and 50 gallons of turpentine, the property of Ralph Charles Price and others, in a boat on a navigable river. MESSRS. GIFFARD and STARLING conducted the Prosecution.
ANDREW HENDERSON . I am warehouseman to Charles Price and Co., of William-street, Blackfriars—on 11th June, I made a shipment of eleven pipes of oil and a hogshead of turpentine—it was to go to the General Steam Navigation Company at Deptford—it was loaded at night, to go with the tide next morning—I heard no more of the turpentine till 8th August, when I went with Jarvis and Hill, two officers, to Mr. Harrison's, at Queenhithe, and the officer asked him if he had bought a cask of turpentine lately—he said, "Yes"—I asked if I could see it—he said, "Certainly," and that it was in his cellar—I asked him to show me where it was—he went down with us, and showed it to us—another cask was resting on the top of it, and I said, "Before I can identify it, I must have that cask removed"—we lifted it with the assistance of Harrison and one of the officers, and found the gross and tare of the cask the same as when it left; 4-3-26 the gross, and 1 cwt. 0 qrs. 1 lb. the net—I asked Harrison if he had any invoice to show for it—he said that he had not, but that he bought it of a man named Wilson, who sold goods on commission, whom he knew about four years ago living with Walter Hood & Co. of Thames-street—the turpentine was worth 19l. 5s. 5d., and the cask 10s.
Cross-examined by MR. SERGEANT PARRY. Q. Is this (produced) a tolerably correct model of the premises? A. There is a resemblance—this represents the footpath, and this is the cellar flap—I do not recollect whether these sides were open, but if they were, there would be no difficulty in looking down into the cellar—the cask was standing on end—I recollected it by the marks, but the "3" was rubbed out—I do not recollect saying, "What was that number?" or Mr. Harrison saying, "Oh, that was a 3"—he said before that that it was 4 qrs. 3 cwt. 12 lbs., or something of that kind, and then I saw that it was 4-26, and that the 3 was not there—I give the Steam Navigation Company three months' credit, but I charge the market price—the market value of turpentine at that time was 98s. per cwt.—I am not aware that it was quoted at 91s.—this was the best French turpentine—American turpentine is better than this, and is quoted at a higher price—it is a very fluctuating article.
HENRY MARLBOROUGH . I am a labourer in the employ of Sir Charles Price and Co.—on 24th-June Cooper brought me from there an order for turpentine—the gross was 4-3-26, and the tare, 1 cwt. 1 lb.—I pointed those weights out, and saw it put on board the lugboat between 4 and 6 on the evening of 24th June—I have seen the hogshead taken from Mr. Harrison's cellar—it is the same.
Cross-examined by MR. SERGEANT PARRY. Was it an ordinary turpentine cask into which it was put? A. Yes; one which had been used for turpentine, and the marks were on the head.
JOHN NOEL . I am a lighterman in the employ of Charles Price and Co.—on 24th June I had charge of the John lugboat, and received eleven casks of oil and nine casks of turpentine into it between 4 and 6 in the evening—I received these two delivery notes with them—I moved the boat out into the river, and made it fast to a coal barge—it was 7 o'clock before I left her—I gave the two notes later the same evening to Lewis, a lighterman in my employ—I saw Pemberthy that evening on the City Gas Wharf—he spoke to a man named Allen, but I do not know what he said, as we were some distance apart—that was forty or fifty yards from the lighter—Allen and I afterwards walked up the wharf, and had a pint of beer together, and then he went home—he was at work on a barge—I saw Pemberthy last on the City Gas Wharf at 7 o'clock, or a few minutes after—it adjoins Messrs. Price's Wharf.
WILLIAM ALLEN . On the night of 24th June, I saw Pemberthy at the City Gas Works—he asked me if I had got anything to do—he lives five doors from me, and I knew him by passing my door—I said "I have got no more than what my own hands can do"—he said, "Where are you going?"—I said, "To shift the chains"—he came down to the bottom of the wharf, and got on the old barge, as it was high water, and then he went away—I was then on the barges which were moored away from the wharf—I always took you to be a lighterman, but I believe you are not.
ROBERT LEWIS . I am a lighterman, and was employed by Mr. Noel on the 25th June—I received these papers from him on the night of the 24th to take to the General Steam Navigation Company's place at Deptford—I got there about 8 o'clock next morning, and it was nearly high water—I had to wait before I could get in—I started at half-past 8, and took the barge down to Deptford—I went to the man who takes charge of the goods, and when I opened the note, and saw the tierces, I found I had not got one of the casks, and gave information—I know the prisoners by sight—I do not know what they are, but I have seen Smith all over sawdust, passing backwards and forwards in the Black friars-road.
WILLIAM DUFFIN . I am a labourer of 2, Huggin-lane—one morning in. the last week in June I was at Queenhithe, about half-past 5 o'clock, and saw two men shoving a barge up towards the crane—one of them got out to set the cask up, and the other slung it with a rope—they tried to pull the crane round, because the handle was not on—I said, "You will never get it in like that," and caught hold of the crane to pull it in—after they had landed the cask, one of them said it was landed there to be called for, but what became of it I do not know—the prisoners are something like the men, but I never saw them before or afterwards—Pemberthy is dressed differently now; the man had a light jacket on.
COURT. Q. How near to Harrison's place was this? A. Between forty and fifty yards—the crane is on the quay, and is used by different persons.
THOMAS HALL . I am in Harrison's employment—there is no one but me in his employ—I have seen Smith and Pemberthy at his premises two or three times—I do not know who brought the hogshead of turpentine that was taken away—I go at 8 o'clock in the morning, and leave at 9 at night—I have seen barrels of turpentine there before, but cannot say whether I have seen a hogshead exactly like this—I have my dinner at my master's place—I think I saw Smith and Pemberthy there before I saw the hogshead, but am not sure—I saw them there once afterwards.
Cross-examined by MR. RIBTON. Q. Has Mr. Harrison a retail shop? A. Yes; he sells oil and turps, and a variety of things of that sort—I know nothing of Smith, only by seeing him there—I do not know whether I saw him before or after I saw the turpentine—a great many people come to buy things.
Cross-examined by MR. SERGEANT PARRY. Q. How long had you been in Mr. Harrison's service? A. About four or five months—he deals in turpentine, petroleum, and that class of goods—there are great many painters in the neigbourhood, who he is in the habit of supplying with small quantities of turpentine—I recollect a hogshead of turpentine coming from Pindar and Jackson's, of Whitechapel; it was nearly as large as this, but not quite—once when my master was out, Smith and Pemberthy came and asked me whether my master wanted any turpentine—I am sure I have seen them both there very decently dressed—a great many travellers and commercial agents come to the shop in my presence—I do not know whether my master purchases or not—I remember two small casks being sold to him—I think they were turpentine—that was before I saw this hogshead—I do not know Pemberthy by name—he sold my master two small casks of turpentine before this hogshead was sold to him—I am quite sure of that; he said he would go up stairs and write a cheque, and he went up, and came down, and said, "Here is a cheque for 12l. 10s., and a pint of beer for you"—that was before the hogshead was brought—those two casks were on the premises when the search was made for the hogshead—it, was between 4 or 5 o'clock in the day when Pemberthy came, and the two casks were sold as near as I can say—I go out sometimes—my master contracts to supply the City of London Union with turpentine, oil, and all kinds of things—I am not always at Queenhithe; I am sometimes four or five hours going my rounds—I first saw this hogshead when I came home from an errand—it had been some weeks in my master's possession when the police came—it was not concealed in any way—it was for some weeks or days without anything on it, and then a cask of petroleum was put on it, because it was easier to tap it—this trap-door with the flaps, is nearly always open, and anybody passing could see the cask with the greatest ease—I do not know whether my master has sold any of this turpentine, but we do sell a great deal in small quantities—I would sell you half a pint if you came in.
Cross-examined by MR. RIBTON. Q. Are you sure you saw Smith there or do you speak with doubt? A. I speak with certainty to both of them—I had not known him before—I have spoken to him—he came and asked me if the governor was at home—I said that he was not, and he asked me if I knew whether he wanted any turpentine—I do not know which of them asked—they both came together—I cannot say whether that was before or after this turpentine was bought—I am quite sure I saw Smith there.
MR. GIFFARD. Q. Are you in Harrison's employment still? A. Yes—I
remembered the 12l. 10s. when I was before the Magistrate, but was not asked anything about it—I remember my master's cheques being handed into the Court—I remember the two small casks of turpentine that Pemberthy brought—that was a day or two, or a week, before I saw the large one; I cannot say exactly—my master told me that there was turpentine in them when they were brought in—I never saw what was in them—they are still there—I was not asked anything about them at the police-court—I was there when the police came to take the hogshead away—I do not know whether my master showed them these two casks—I did not go down into the cellar—I cannot say whether it was a week or a month before the police came, that Smith and Pemberthy came and asked whether my master wanted any turps—they were very decently dressed, but I do not recollect what their dress was.
ELLEN MARY LOWE . I am the wife of James Lowe, a labourer, of 4, Sugar-loaf-court, Dorset-street, Fleet-street—I know Smith and Pemberthy—I have known Smith four years; his name is Lay—he worked with my husband at Robinson and Bartrams, York-road, for a short time—Smith came to our house in June several times in one week for my husband—he did not say the first two or three times what he wanted, but afterwards he said he wanted my husband to assist him in getting a barrel of turps from Sir Charles Price's—I said, "He is not at home"—he said that if he did not see him that night it would be too late.
Cross-examined by MR. RIBTON. Q. Do you mean to say that the name of Price was mentioned? A. Yes—I never said so before, because I was never asked—I have never been convicted of pot stealing—my husband has been in trouble, but I never have—the police came to me to go before the Magistrate, not to my husband; he knew nothing about it; nobody came with them—I had not spoken to anybody about this before—I did not know that Smith was in custody before the policemen came; I heard it first from the policemen.
Pemberthy. Q. Was I with Smith? A. No; you never came to me at all.
COURT. Q. Did he say anything more, except that it was too late? A. I said I would rather he had nothing to do with it; he said that if my husband was such a fool as to work for 18s. a week when he could get 20l. in an hour, he might do it.
WILLIAM LUND . I am foreman to Mr. McDonald, a nail merchant, of 9, Queenhithe—there is a crane on the premises which we rent—Mr. Elice is the owner, and it is under my charge; I keep the handles—it is open to the street, so that anybody can get to it—there are two warehouses between it and Harrison's premises—on 15th July, about 10 or 11 o'clock, I saw Smith and Pemberthy using the crane—I had not given them permission to do so—I did not interfere the first time—they came three times that day, and I ultimately interfered to prevent them; they were traspassing.
Cross-examined by MR. THOMPSON. Q. Had you known either of them before? A. No; I was attending to the stores—I am foreman at the ale stores below—we have a lot of casks standing outside, and they put these casks with ours—they were using the crane for getting casks out of a truck—the crane is close to the river, and it projects—there were two casks; they slung them out with a rope, and used the crane with their hands, as one handle was stationary, and the other was taken off—I next saw the men at Guildhall on the day they were committed; they were in the dock,
charged with this offence—I did not pick them out, but I had no trouble in recognising them.
MR. GIFFARD. Q. Were these men taken in custody at the time they were at the crane? A. Yes; they then said that the casks were filled with water—they did not say for whom they were, but they said at the station that they were for barges which they supplied with water from Rowland Hill's pump at the chapel in Blackfriars-road, and that they had used the crane, and had paid McDonald's foreman for it; they did not know me then—I felt annoyed at that, and gave them in charge—the casks were examined, and found to contain water—I do not know what became of them.
Cross-examined by MR. SERJEANT PARRY. Q. How long have you known Harrison? A. As long as he has lived in the neighbourhood; it may be four or five years—I never heard anything against-his character; I occasionally dealt there—the crane is in Queenhithe, and the dock runs up the centre—it is not in the centre of the street.
WILLIAM JARVIS . I am a detective City-policeman—on 8th August, in consequence of information, I went to Mr. Harrison's shop, and told him we had called with regard to some turpentine which had been stolen from a barge on the Thames, and asked if he knew anything about it—he said, "Yes; I purchased some about six weeks ago"—I said, "Have you it by you?"—he said, "Yes; it is in the cellar"—I said, "This gentleman with me, Mr. Henderson, can identify it; let us have a look at it"—he accompanied me down to the cellar, with Hills, another constable, and Mr. Henderson, who pointed out a hogshead, and said, "That is the one that contains turpentine"—on the end of it stood a barrel of paraffin oil, which, at my suggestion, was removed by Hills and Mr. Henderson, who then identified the hogshead as the property of Sir Charles Price—I asked Harrison to step up stairs, as I wanted to speak to him—I said, "It is my duty, however painful it may be, to ask you of whom you purchased this, when, and how"—he said, "Well, I bought it of a man of the name of Wilson, about six weeks ago"—I said, "Where does he live; what knowledge have you of him?"—he said, "Well, I knew him about four years ago; he was working for Hood and Son of Thames-street"—I said, "Well, have you any invoice or receipt for this?"—he said, "No; I have no document but my cheque-book"—I said, "What did you give for it?"—he said, "16l."—on receiving the cheque-book I said, "Mr. Harrison, you know me very well; it is only 15l. down here"—he said, "I gave them a sovereign; they wanted cash as well"—I said, "Have you any receipt stamped at all?"—he said "No; it was a job lot, and I gave him a cheque"—I said, "Do not you know you are liable under the Stamp Act?"—he said, "Well, I bought it a job lot, and there is my cheque-book"—I—I then directed Hills to take him to the station, and I took the hogshead of turpentine to the station.
Cross-examined by MR. SERJEANT PARRY. Q. Did he give you readily, and without hesitation, every information to the questions yon asked? A. Yes—he at once took me into the cellar and showed me the turpentine—I did not notice in the cellar that the "3," which indicated quarters, was rubbed out—I believe he has told me the truth in this matter—there is such a firm as Hood and Son, of Thames-street, and I have made inquiries there whether
Pemberthy, under the name of Wilson, was in their employ—Harrison was out on bail after the first remand.
MR. GIFFARD. Q. You have said that he gave you every information; it what you have mentioned to us the information you allude to? A. Yes—he did not mention any other turpentine in his cellar, and I feel certain that there was no other cask or barrel there—there were five other barrels of petroleum, for we opened the bungs and tested them that night.
DAVID EDWARDS . I am a clerk in the employ of Messrs. Humphreys and Morgan, attorneys for the prosecution—I served a notice to produce on Harrison and his attorney—I have a copy of it here. (Two cheques of Harrison's were here produced, one dated 25th June, 1863: "Pay Mr. Wilson, or bearer, 12l. 10s.;" and the counterfoil, "Wilson, turps, 12l. 10s., the other was, "July 1, 1863, Pay Mr. Wilson, or bearer, 15l.;" and the counterfoil, "Turps, 15l."
JOHN HENRY HILLS (City-policeman, 324). Jarvis went with me by the permission of the inspector—I brought Smith and Pemberthy into Harrison's presence at the station, and Harrison identified them as the persons he purchased the cask of turpentine of—they heard what he said, but made no answer.
Cross-examined by MR. SERJEANT PARRY. Q. Who sent for Mr. Harrison A. He was out on bail, and I went to him as the officer in the case, and made a communication to him, in consequence of which he came to the station.
MR. GIFFARD. Q. How was it that Harrison came to the station? A. I went to his house between 10 and 11, and said, "Mr. Harrison, I have apprehended Pemberthy and Smith, would you mind coming to the station to identify them?"—he said, "With the greatest pleasure"—he came to the station, the doors were unlocked, and he identified them.
THE COURT considered that there was no case to go to the Jury against HARRISON.
NOT GUILTY .
Pemberthy's Defence. I deny the two casks of turpentine which I am charged with, and I deny being in the ship.
SMITH— GUILTY .†—Five Years' Penal Servitude.
PEMBERTHY— GUILTY.— He was further charged with having been before convicted, at Newington in March, 1861, in the name of Henry Wilson, to which he
PLEADED GUILTY.**†— Six Years' Penal Servitude.
MESSRS. SLEIGH and COLLINS conducted the Prosecution.
JOHN WELLMAN . I am a labourer, and live in the Brick-fields, North Hythe—on 24th August, about half-past 9 at night, I was in a beer-house—I did not see any of the prisoners there—I left about five minutes past 11, and went with Patey straight on my road to Hayes'-bridge, which is the high-road to Uxbridge—when I had gone about 150 yards I was struck a blow which knocked me down insensible—there was more than one blow-struck—I recovered my senses, got up again, wiped the blood from my eyes, and saw John and George Allum and New, five or six feet from me—I did not see Hall, but his wife came to me and gave me my hat—I saw no sticks in their hands, but I heard one of their wives say, "Come away, George, or
you will kill him"—I had had part of three pints of ale, but was as sober as I am at this moment—I do not know who struck the blow which knocked me down—I was a great deal injured; my left ear was knocked round, and I have been laid up for three weeks.
Cross-examined by MR. RIBTON. Q. Were there a great many people in the public-house? A. I do not know; there were about four in the parlour where I was—I stood outside talking to Patey after the house had closed, and they cleared all the people out—I did not see the prisoners.
JOHN PATEY . I am a labourer at Southall—I was with Wellman at the Boston Arms, and left and walked with him towards Uxbridge—after we had got about 150 yards, Thomas New came up behind him and knocked him down with a stick—there was no one with New but James Allum and his wife: and Thomas New's wife and George Hall's wife were coming up behind—I did not see Hall—I did not see any of the other prisoners do anything to Welmar when he was on the ground—I swear that—I never saw George Allum at all, but I had seen him drinking with New at Baxter's house—I did not see him leave the house—Welmar and me went in by ourselves—Hall came up with his wife after it was done, but I did not see him strike him.
Cross-examined by MR. COOPER. Q. Was this on the way towards the men's homes? A. Yes.
THE COURT suggested that no case could be made out against the Allums or Hall, upon which MR. COLLINS consented to New
PLEADING GUILTY to unlawfully wounding. NEW GUILTY of unlawfully wounding . George Lilley, a brickmaker, of Southall, gave New a good character, and stated that there had been previous quarrelling, the prosecutor having put New's ankle out, six or eight weeks before, from which he had been laid up all the summer.— Confined Four Months. JOHN and GEORGE ALLUM and HALL—
NOT GUILTY .
THIRD COURT.—Thursday, September 24th, 1863.
Before Mr. Common-Serjeant
MESSRS. ORRIDGE and LANGFORD conducted the Prosecution.
The prisoner being a foreigner, the evidence was interpreted.
ELIZABETH HORNER . I live with my father, James Horner, at 8, Grace-church-street, City—about half-past 6 o'clock on the evening of 1st September I was in the house, and saw the prisoner coming down the stairs from a bed-room—I had never seen him before to my knowledge—I called to my mother and the servant, and they asked him what he wanted—he said he wanted the Dutch Consulate—my mother then went into the bed-room—between 11 and 12 o'clock that morning I saw a watch and chain safe in the bed-room, from which the prisoner came out—I went and fetched a policeman—the prisoner was searched in the passage, and the policeman found this watch and chain (produced) on him—it is my father's.
Prisoner. Q. Was I not walking up stairs? A. No, you were walking backwards down the stairs.
JOHN RUDDICK (City-policeman, 534). The prisoner was given into my custody at Mr. Horner's—I searched him at once, and found on him this gold watch and chain, which has been identified, and also some brooches and bracelets, a purse containing money, and six latch-keys—he said then he
was a nail maker, and at the Mansion House that he was a key maker, and that the keys belonged to him.
Prisoner's Defence. I did not steal the watch. I don't think I can be punished for the other things.
GUILTY — Confined Six Month.
Before Mr. Recorder.
MR. COLLINS conducted the Prosecution.
LETITIA SELLE . I am the wife of Frederick Selle, of Permont Villa, Woodford—on 25th August, between 4 and 5 o'clock, I saw Winson near the house, and the other two prisoners going from the house—the groom then came in, and those two fellows moved off a little—I heard no noise—Winson had a basket in his hand, which attracted my attention, and hearing a leap from the window, induced me to look, and I saw him moving down the garden with a basket on his arm, placing a paper over it—I instantly ran into the dining-room, and missed the cruet-stand, which was there a very short time before—the window was wide open, and a person could get in and out—I called to the servants, and ran out with my daughter, and saw her find the cruet-stand in a basket of shrimps—this is it—it is worth 16l.
Cross-examined by MR. THOMPSON. Q. what part of the house were you in when you observed anything? A. in the room immediately above the dining-room—I had just passed from one room to another, and saw two men looking over the palings—there is a lawn in front of the window, and flower beds—I watched them about three minutes.
Cross-examined by MR. WILLIAMS.Q. Is the lane outside your house a public thoroughfare? A. Yes—Jones and Yates were outside watching at the palings, and they moved on.
JOHN SKIPPING . I am groom to Mr. Selle—on 25th August, about half-past 4 in the afternoon, I heard Mrs. Selle cry out—I ran into the lane, and saw Jones and Yates walking quietly down the lane, one on each side—Winson was at the bottom of the lane—I followed him and gave him into custody—I had seen the three prisoners about twenty minutes or half an hour before that, sitting down together about a quarter of a mile from my master's premises.
Cross-examined by MR. THOMPSON.Q. did you speak to them then? A. No; they attracted my attention by sitting there—it is not uncommon to sit down under a tree in August, but it made me know them again when I saw them.
Cross-examined by MR. WALTON.Q. Had you ever seen Winson before?—A. No.
JOHN BOX ALL . I am gardener to Mr. Selle—on 25th August I heard Mrs. Selle cry out—I went out and overtook Yates, gave him to a man to hold for me, and then went after the others—I saw the groom run after Winson round the corner—he was running away.
Cross-examined by MR. WILLIAMS. Q. When you took Tate's was he walking down the lane? A. Yes.
GEORGE FOWLER . I am a baker, of Woodford—on the afternoon of 25th August, about half-past 2 o'clock, I saw the three prisoners coming out of the White Hart public-house—Jones and Win son bad baskets—one had a fish basket, and the other a round basket, just like these (produced), but I cannot swear to them—I saw them afterwards that afternoon, two together and one sitting down—I said to one of them, who came to a house where I was serving bread, "It is no use your going there, for there is no one at home, only people taking care of the house"—I looked round, and saw him peeping over the fence—it was neither of those who had the basket—the tall one had no basket.
MISS. SELLS. On 25th August, in the afternoon, I saw Jones and Yates outside the gate—one of them had a basket—I afterwards picked up the largest of these baskets, with the cruet-stand in it, and some shrimps—I did not see which one had that basket.
Cross-examined by MR. WILLIAMS. Q. at what time did you see them? A. at a little past 4—I saw them a quarter of an hour before that—I did not look at them for a quarter of an hour, but I saw them up the lane—they were looking at the window.
Yates's statement before the Magistrate:—"I do not know either of the other prisoners.
Yates was further charged with having been before convicted at Westminster in 1859, to which he
PLEADED GUILTY**— Six Years' Penal Servitude ,
JONES— Confined Six Months.
WINSON**— Confined Twelve Months.
Before Mr. Common Sergeant.
GEORGE SMITH (R 202). On Monday night, 24th August, I was on duty in High-street, Woolwich—I saw some women on the pavement after 12 o'clock—they were prostitutes, and I know that some of them lived at Milk's house—they were making a noise, and I requested them to go away, or go in-doors—Mills came into the passage of his house, and said "You have no business to interfere with them, as some of them belong to me—I said, "It is my duty to do so"—I was about to go away from the door, when he rushed out, and struck me a violent blow on the cheek, and the next moment I was struck by Flynn, who lives next door to Mills, and was at his 'door at the time—I took out my rattle to spring it for assistance, and took out my staff to stand in my own defense—while I was springing my rattle, I received a violent blow from Flynn with some weapon which knocked me down insensible—I was holding my staff up to defend myself, and probably I may have touched him with it as he was following me up—there were forty or fifty people around me at that time—when I came to my senses I was being led to the station by two girls—I was off duty for a fortnight—I found I had been kicked under the jaw—my left eye was black, and a piece of skin was knocked off—I suffered much, and do still—I cannot get my mouth open yet, my jaw is so stiff, and the doctor says that it will
be some months before I can masticate my food—he attended me for a fortnight—I did not see Mills after he struck the first blow.
Cross-examined by MR. RIBBON. (For Flynn.) Q. is there a public-house there? A. Yes, next door to Flynn's—I was a yard or two from Mill's door at the time he struck me—he got off the pavement into the road—I have no recollection of speaking to Flynn before that—I did not see him come out of the public-house, nor did I did I desire him to go in doors and shut the door—my recollection is dear—I had no altercation with Flynn, but he struck me in the way T describe—I was three or four yards into the road, in a slanting direction towards Flynn's door—I saw Mills come running towards me from his door—Flynn was at his own door, and he struck me the next minute—I was not insensible when Flynn struck me—I was not on the ground before I was knocked insensible—I might have struck him with my staff in self-defense—I did not strike a violent blow—I probably might have struck a blow deliberately, but I have no recollection of it, though he exhibited a wound at the police-court to the Magistrate—I did not see it—there were a great number of barrows and trucks there—the road is about twenty yards wide from pavement to pavement—I did not go deliberately up to Flynn and strike him with my staff.
Cross-examined by MR. COLLINS. Q. How many women were round the place when you came up? A. Six or eight—I had no words with Mills except what I have told you—I walked away from his door—he was then behind me—I did not wait for him to come up, nor did I run away, as if I was frightened to do my duty—I was half facing him—he struck me on the face, but I was not knocked down—when I was knocked down by Flynn, who was coming from his door at the time, Mills struck me—I did not see Mills any more—there were from twenty to forty people round—the women were there still, but they were not striking me.
ELIZABETH ROBERTS . I live at 2, Cannon-row, Woolwich, and am an unfortunate girl—on Monday night, 24th August, a little after 12 o'clock, I was on my door-step, which is only a minute or two from Mill's house—I heard a noise there, ran to see what was the matter, and saw the policeman holding Mill's door by the handle—he stood there two or three minutes—I did not see Mills then, but Flynn was standing at his door—there were a great many people in the street, costermongers, and a great many girls—the policeman went to Flynn's door, and told him to go in—he said that he would not while he was on his own premises—Mills then rushed at the policeman and hit him two or three times on the head with his fists—Flynn then hit the policeman with his fists three or four times up against the barrows; then the policeman pulled out his staff to protect himself, and hit Flynn two or three times on the head with it—Flynn hallooed for the poker, but a broom was brought instead from Flynn's house, and he hit the policeman with it, and knocked him down, and he was kicked on his head two or three times—a shovel was brought out of Flynn's house by some civilian, I do not know who; but one of the girls took it when the policeman was lying on the ground—I afterwards assisted some other girls in picking him up—I did not see Cassidy there.
Cross-examined by MR. RIBBON. Q. How came you to go to the police-court? A. I was summoned by a strange policeman—the other girls told me that they were coming up, and I said that I would come up too—there were angry words between Flynn and the policeman at his door—they stood two or three minutes disputing—he told him to go in two or three times, and Mr. Flynn said that he would not while he was on his own premises—it was
At Flynn's door that Mills struck him opposite the barrows—I do not know what became of Mills—the place where Flynn struck him was entirely across the road—the policeman walked over there after Mills struck him, and Flynn followed him and struck him two or three times on the side of the head, and the policeman pulled out his staff and struck Flynn two or three times on the side of the head with it, and then Flynn hallooed out for the broom—they were violent blows, you could hear them a long way off—Flynn kicked him, but I did not see anybody else do so.
Cross-examined by MR. COLLINS. Q. Did you see the policeman speak to Mills? A. No; I think Mills went in-doors after he struck the policeman.
MARTHA STONE . I am an unfortunate girl, and lived at this time at 8, Henning's-lane, Woolwich—on 29th August I saw a crowd at Mill's door—there is a house between Flynn's and Mill's, I think, because Mills has two houses and Flynn two houses—they have lodgers in both—Flynn had a broom in his hand, and he struck a policeman with it—I saw them strunggling together, and the policeman was knocked down, and the back of his head came against the kern—Flynn then kicked him on the head when he was down—I cannot say whether that was more than once, as I stooped down to him, and called out, "Oh, my God, he will kill the policeman!"—I picked up his hat, and another girl and I, helped him up and walked with him, and assisted him until he came to his senses—I did not see Cassidy there.
Cross-examined by MR. RIBBON. Q. Was the first you saw, the policeman coming across the road? A. The crowd was round Flynn's door, and the policeman came running from the crowd, and Flynn after him with the broom—he got two or three houses from the crowd before Flynn struck him—he did not fall immediately, he was struggling—the blow with the broom did not knock him down; Flynn must have tripped him up—I did not go before the Magistrate the first examination—a policeman brought me a summons—I did not talk to the police before I gave my evidence—I did not see the policeman use his staff—I have been an unfortunate girl ten years, and am twenty-seven years old.
CAROLINE CLAYTON . I am an unfortunate girl—I was with the last witness—I saw a crowd round Mr. Flynn's door, and saw the policeman coming out of the crowd, springing his rattle, followed by Flynn with a broom, with which he struck the policeman, and knocked his hat off—they both struggled together over the rattle, and the policeman fell—Flynn then kicked him on the head with the heel of his boot—I cannot say whether that was more than once, but he lifted up his foot and struck him with his heel on the head—I assisted the other girl to lift the policeman up, and a shovel fell from him—I do not know where it came from—there was a little blood on one of his cheeks.
Cross-examined by MR. RIBBON. Q. Why did not you go before the Magistrate at first? A. I did not like, because I was afraid I should be ill-used—I did not see any of the other girls before I went—the policeman brought me a summons, but I was not at home, and did not see him.
Cassidy. Q. Did you see me? A. No.
JOHN COSTAR . I am a sergeant of the Royal Artillery and Military Police at Woolwich—I was on military police duty in High-street, between 12 o'clock and half-past, heard a rattle, went up to the spot, and found a crowd of fifteen or twenty people—I made my way through them, and saw Smith lying on his back in the street—I saw a man kick him on the head, and then run into a lodging-house in High-street—I followed him, but a woman got hold
Of the door on both sides—I was about a yard from him as he went into the house—it was Cassidy—he was dressed in gray trousers and a coat, and a striped shirt—I had seen him before that night—he went into a noted house kept by Fleming; four or five yards from where the crowd were assembled—another military constable was with me.
Cassidy. I was not there; I was in bed at half-past 9.
JAMES BURKERVILLE . I am a gunner in the Royal Artillery, and am attached to the Military police force at Woolwich—I was on duty with costar on 24th August, and heard a policeman's rattle spring—I went through the crowd, and saw Cassidy kick the policeman, who was down on his back in the street—Cassidy was dressed in a pair of gray trousers and a striped shirt; nothing else only his boots—I got within a yard or a yard and a half of him—there was a lamp in the street, and we had another—I ran to catch Cassidy but could not, as a woman stood in the doorway—I have known him four or five months—I know Flynn by sight; I saw him run, but did not see him do anything—he ran just before Cassidy, into the same house.
Cassidy. Q. How do you know me? A. I have seen you knocking about Woolwich; I do not know where you worked.
ELIZABETH ROBERTS (re-examined.) I did not observe how Flynn was dressed; he had something white on him—I saw a woman bring a broom but I do not know who it was; and I saw a man bring a shovel out, but do not know who he was.
Cassidy's Defence. All I say is I am not guilty of it; I was in bed, and I have a witness to prove it.
MR. RIBBON called
MICHAEL DONOVAN . I live at 77, High-street, Woolwich, and am a tailor—on the night that this row occurred, I was standing outside No. 77—I saw it begin—I saw the police-constable there, and heard him telling the girls to go inside the door—there were three or four of them; they were not creating any disturbance; they were standing quiet, one of them sitting down; they went in after a while—Mills came out of his house, and there was a conversation between him and the policeman—at that time I saw Flynn come out of a public-house, which is next door, and go and stand at his own door—the policeman said to him, "Get inside your door," in a land and angry tone—Flynn said he was standing at his own door, and he should stand there as long as he liked—he was on his own premises—the constable told him to go in a second time, in a loud and angry tone, and Flynn said he would not go beyond his door; he could stop there as long as he liked—that was all that passed between them at that time—shortly after that I saw the police-constable struck by somebody; it was not Flynn—I swear that—the policeman was knocked down by the blow—I was standing outside my own door, on the same side, and had an opportunity of seeing and hearing—Flynn's house is 76—I was outside that house—I lodge in Flynn's house—the policeman did not order me to go in—the policeman got up and drew his staff, and was following the man who struck him, but he was got away by his wife and a man—the policeman then went across the street and struck Flynn, who was standing alongside of a barrow there, a violent blow on the temple; the side of the head, which nearly knocked him down—he did not say anything before he struck him—Flynn was standing quietly by the barrow—the two or three women who had been there were then inside Mill's house—a crowd began to collect, and Flynn got a broom alongside of his own house—I did not see who gave him the broom—he followed the
Policeman, who had sprung his rattle, and struck him with the broom on the head—I positively swear that that blow was struck by Flynn after the policeman struck him with the staff—there was about three minutes between the time the policeman struck Flynn and Flynn striking the policeman—I saw Flynn reel from the blow, about half way across the street—I was examine before the Magistrate—I was not there when Flynn showed his head to the Magistrate—I had lived about five weeks in Flynn's house before this happened.
Cross-examined by MR. CLERK. A. you pay 3d. A night for your lodging there, I believe? A. Yes—there are a good many more lodgers there—after Flynn struck the blow with the broom, he got inside his own house immediately—I did not go in with him—he remained inside until the morning—when the policeman was. Struck first, Flynn went to the other side of the road.
MR. RIBTON. Q. Are you able to say whether Flynn kicked the policeman or not, after he struck him? A. I did not see him—I swear that—he went in immediately after he struck the policeman—when Flynn got the broom he was about six yards away from the policeman.
JOSEPH MARSH . I live at 67, High-street, and am a costermonger—I remember this row—I saw the policeman ordering the girls away, and heard him order Flynn in-doors—Flynn had just come out of a public-house; he was near his own door—I did not hear what Flynn said to the policeman—I saw the policeman struck, but not by Flynn at first—after he was struck he pulled his staff out, and struck Flynn, who was leaning against the barrow, a little on one side of the road—it was a violent blow—Flynn was not doing anything at the time the policeman struck him—he staggered back, and then ran to his door, got a broom, and struck the policeman—I am quite sure that blow was struck by Flynn, after the policeman had struck him—he was not interfering in any way in the row that was going on—I was examined before the Magistrate.
Cross-examined. Q. How soon did Flynn strike the policeman with the broom after he was struck with the staff? A. It could not have been more than a minute—I was standing very nigh in the middle of the road—I heard the policeman spring his rattle; that was before Flynn knocked him down.
JOSEPH HUXLEY . I live at 68, High-street, Woolwich, and am a green-grocer—I was in my shop on the night of this row, at a little after 12, and heard the disturbance—there were some girls and men there—I saw a mob—I could not say who hit the policeman; some one struck him, and I saw him pick up his hat—he then pulled his staff from his pocket, went up to Flynn, who was leaning against a barrow, and hit him on the left side of the head—Flynn was not doing anything at that time—I was then at my own door—I was not ordered in—I should not have gone if I had been; I had my business to do—on my oath Flynn was not doing anything to interfere in the disturbance at the time he was struck by the policeman—he hit Flynn very hard; he reeled across the road—he had a broom, and he ran after the policeman, and hit him on the head or shoulder, and knocked him down.
Cross-examined. Q. Is Flynn your brother-in-law? A. Yes; we married Sisters—I keep a lodging-house, nearly opposite him—I cannot say who struck The policeman the first blow—Flynn was at that time leaning against a barrow.
Him on the night in question, and heard the policeman telling the girls to go in doors—I saw Flynn come out of the public-house and go to his own door—the policeman asked him to go in-doors—Flynn said he was on his own door, and he should go in when he liked—I saw Mills strike the policeman; it was not Flynn at that time—the policeman pulled out his staff and struck Flynn, who was towards the barrow—Mills was in doors then—it was a violent blow—I thought it had killed him; it staggered him—I got frightened, und went in-doors—I did not see Flynn strike the policeman at all.
Cross-examined. Q. Are you a niece of Flynn's? A. Yes, by marriage; his wife is my aunt, and Mr. Huxley is my uncle—we keep a lodging-house, and Marsh, the costermonger, lodges there—I saw Flynn come across to the barrow; there were a good many people there.
FLYNN— GUILTY . —Inspector Linville and Isaac Gay, 486 K, stated that he had been several times convicted for assaults upon the police and other.— Confined Fifteen Month.
MILLS— GUILTY .— Confined Six Months.
CASSIDY— GUILTY .— Confined Nine Months.
MR. WOOD conducted the Prosecution.
MARY ANN YOUNG . I live at 71, Beresford-street, Woolwich, and am the wife of Henry Thomas Young—on the evening of 12th September, I was going to a butcher's shop in Beresford-square, and a dog came running up to me—I stooped down to pat the dog, and felt something touch my elbow—I turned round to look, and saw the prisoner at my side—he held his head down, and walked sharply away across the road—I missed my purse which I had put in my pocket the moment before—I ran across the road, stopped the prisoner, and taxed him with taking my money—I said, "If you will give it to me I will let you go"—he said nothing, but ran away as hard as he could—I met two policemen and said, "Run, for that man has taken my money"—I have no doubt in the least that the prisoner is the man; I could see his countenance—they caught him about three minutes afterwards—he did not get out of my sight.
Prisoner. Q. Are you confident you had your purse the instant before? A. Yes—I saw no one except you near the butcher's shop—I did not see any one take my purse—I only felt you at my elbow—my mother and sister were with me.
JAMES SANDERS (Dockyard-policeman, 161.) I took the prisoner on Saturday the 12th, about half-past 10 o'clock—I saw the last witness running after him—she gaud, "Stop that man, he has stolen my purse"—the prisoner continued running; he looked round, and seeing me after him, be ran much faster than before—I caught him about a hundred yards from where I saw him first—I told him he was charged with stealing the purse—he said he did not know anything about it—I took him to the station, and found 10s. in his pocket—he said there that he was running to catch the train at the Dockyard—he afterwards said he was running to catch the boat to North Woolwich, to go by the train to London.
COURT. Q. did you find any purse on him? A. No—the money was a half-crown, four shillings, a two-shilling piece, and three sixpences, loose in his pocket.
MRS. YOUNG (re-examined). I had in my purse a half-sovereign, a half-Crown,
a shilling, three sixpences, and a few halfpence—I cannot say exactly how many—I should not know the money again ; it was all "in the pane together—it was a clasp purse with a steel fastening—the half-sovereign was in a compartment by itself—I had no florin.—
GUILTY .—He was further charged with having been before convicted at this Court in June, 1862; to which he
PLEADED GUILTY.— Five Years Penal Servitude.
MR. WILLIAMS conducted the Prosecution.
JOHN STEPHENS . I am landlord of the Portland Hotel, London-street, Greenwich—on 18th August the prisoners came, Blair asked for a bottle of lemonade, Mortimer said you had better come with me and have a cup of tea, it will do you good—she said, "Then you will pay for it"—he said, "I have been paying for sufficient for you already to-day"—he passed some money from his hand to her hand, which she gave me, it was a half-crown—I tried it, bent it, and told her it was bad—Mortimer said, "Where did you get it?"—She said, "I got it from old Ironsides"—I returned it, she paid with a good shilling, and they left the house—I followed them, and saw them talking together—I spoke to a coachman, and saw Thomas go into Mr. Jeans', a confectioner's shop, and the other two prisoners remained fifty or sixty yards off—Thomas came out of the shop as I went in.
WILLIAM HOMEWOOD . I live at 3, Bridge-street, and am an omnibus conductor—I saw the prisoners at the "White Hart"—something passed between me and Stephens—I watched the prisoners, and saw the short one go into the "White Hart," and come out in a minute—they then went towards Mr. Jeans', where the tall one went in and bought some cakes—he came out and passed something to Mortimer—I went into the shop, Mr. Stephens went in behind me, and Mr. Jeans gave me a bad shilling which they had passed—I followed them down lower—they got in conversation with a college man—they then looked at some bacon, and I spoke to two policemen—I marked the bad shilling with a knife, and gave it to them—I saw the policeman pick up a purse.
Mortimer. Q. were you close to the spot when the policeman came up? A. I was, and I took hold of his arm and told him to surround you all three—I took one, and he took the other two—I saw something drop close to your side, but do not know who dropped it, because you were all three standing together.
JOHN KELLER (Policeman, R 116). On the evening of 18th August I was on duty in Bridge-street, Greenwich—about half-past 2 o'clock I saw the three prisoners in conversation—a man gave me information, and I took hold of Mortimer's arm, and said, "I want you to come with us for passing bad coin"—I then saw the sergeant pick up a purse from the ground—Mortimer said that he knew nothing about the females, he met them in a train coming to London—I searched him at the station, and found some keys, two pocket-books, two old watches, a key, and 3s. All 1/4d.—Homewood gave me this shilling—I was present when Mr. Jeans identified these cakes.
Mortimer. Q. was it after having me in custody that you saw the purse on the ground? A. Yes; I had hold of you by the right arm, and you might have dropped it with your left hand without my seeing you—I called my son from the crowd, and told him to watch to see if you would drop anything.
FREDERICK BARNARD (Police-sergeant, R 19). On 18th August, a little after seven in the evening, I was with Keller, and saw the prisoners standing together—I said, "Halloo, I shall take you all in custody for passing bad money"—Keller took hold of Mortimer, who put his left hand behind him, and dropped this purse from his coat pocket—I picked it up, opened it at the station, and found in it three bad half-crowns, and eight bad shillings (produced)—I took from Thomas this purse containing 1s. 5d. in good money, and from Blair this purse, containing 1s. 8d. in good money, and one bad shilling.
Mortimer. Q. How could you see behind me? A. Because as the constables had hold of you they brought you back to me, and I distinctly saw you drop it.
WILLIAM WEBSTER . I am inspector of coin to her Majesty's Mint—this shilling which was uttered is counterfeit—these coins in the purse are all bad, and among them is a shilling from the same mould as the one uttered.
Mortimer's Defence. I met these females in a railway train: we went to the terminus public house, and it was there that the transaction of the bad half-crown took place, and it was immediately rectified. I thought the parties were innocent, and remained twenty minutes with them, and we then walked through the town apprehending no danger, when the police took us all. I have been serving the Queen in India eight years, and was in the mutiny; I was in the General Post-office last winter, but a severe illness obliged me to leave; my discharges are in my pocket, and here is the ribbon of my medal.
Thomas's Defence. I had change out of half-a-crown, and gave 1d. to one of the college men; I bought two pennyworth of cakes, and to the best of my belief had 6d. Out.
Blair's Defence. I had 2s. 6d. In the morning, and if one of the shillings was bad I must have taken it in London.
MORTIMER— GUILTY .— Confined Twelve Months.
THOMAS— GUILTY .*— Confined Eighteen Months ,
BLAIR— GUILTY .— Confined Fifteen Months.
Before Mr. Recorder.
MR. COLLINS conducted the Prosecution.
SAMUEL HILL . I am one of the military police in the Royal Artillery, Woolwich—I was on duty with gunner Ross taking an artilleryman to the guard-room—I saw the prisoner, who said that if I did not let my prisoner go he would stab me—he took out a knife and struck me on the left temple—I lost about a pint and a-half of blood—I became insensible, and have not been on duty since.
Prisoner. Q. You are mistaken; are you sure you saw me there that night? A. Quite sure—I did not know you before, but I saw you in a cell with three others about an hour afterwards, and picked you out.
THOMAS ROSS . I am one of the military police—I was with Hill—we had a deserter in charge, and the prisoner came and said to Hill that if he did not let the deserter go he would stab him to the heart with a knife—he had a knife in his right hand, caught him by his hair, knocked him down, and stabbed him—he got up bleeding, and I took him to a friend of mine who dressed his wound—I am quite sure the prisoner is the man—he went away with several girls.
COURT. Q. did he stab at you at all? A. Yes, after he had stabbed Hill, but I kept it off with my stick—I have a mark on my hand now.
FANNY HAMMOND . I am the wife of Mr. Hammond, of Rope-yard-fields, Woolwich—on the night of 12th September I saw Hill and Ross conveying a deserter, and saw the prisoner, who I had seen before, stab at Ross, but I did not see the effect of it—I saw a weapon in his hand, but cannot say what it was—I am positive he is the person who did it—I did not see him stab at Hill.
CHARLES CARTWRIGHT (Policeman, R 101). On the morning of the 14th the prisoner was brought to the station by two military police, dressed as he is now, except this smock frock, which I took from him: it is covered with small marks of blood—I told him the charge—he said that he knew nothing about it.
Prisoner's Defence. About half-past 12 I went with a girl to the house where the soldier was, three of them were beating him: I told the sergeant to let him go, and he said he would knock me down if I did not go about my business: he had a cane in bus hand. I had a knife, which I opened, but I did no harm with it. I went out and came in again, and the mistress of the house gave me in charge. I never saw it. I do not even know whether this is the man or not.
GUILTY .— Four Years' Penal Servitude.
MESSRS. THOMPSON and DALEY conducted the Prosecution.
MARY SEATON . I was cook to George Roberts Smalley, who resided at 22, Victoria-road, Charlton—on 13th August, about a quarter to 2 o'clock, I was sitting in the front kitchen, and heard a noise like a jerk in the pantry, and then like one spoon sliding upon another—I looked through the window and saw a woman standing at the back door—I gave a dreadful scream, and ran through the kitchen into the pantry and missed the plate basket, which I had seen safe a quarter of an hour before—I ran and called the housemaid—I waited a minute on the stairs, and went into the pantry a second time to be sure—I then opened the library door, and found the basket on a table Tight by an open window—I had seen the prisoner before that day looking in at the window—I only saw her back when I screamed, but I saw her face afterwards, and said what business have you got there?—she was then in the house—she went outside, and then said, "You have made a mistake, I was not there"—as I went up stairs she said, "Come, and look in my basket, I have taken nothing, what have you lost?"—This was before I had seen the plate in the library; it was when I ran out on hearing the noise—the library and the pantry are all on one floor—the library is under the drawing-room at the back of the house; you go up stairs to it—the prisoner was standing inside the house at the library door—there is a window which I saw through, and I saw the shoulder of a person, and then screamed—the library door was shut, but the window was open, and the plate could be put in there in a minute—a person in the passage could get to the library window quicker than I could—and I went down stairs again to make myself sure before I spoke to the woman at all—one of Mr. Smalley's sons came in and went out again, and brought the prisoner back—the basket contained spoons, forks, and a fish slice, value about 10l.
Prisoner. Q. is there a piece of wainscoating, which divides the kitchen?
from the library? A. Yes, you seem to know all about it—you at first denied being in the passage, and then you confessed it, and said that you went there to knock to make me hear you—I have seen you at the door before.
SUSAN FUDGE . I am housemaid in Mr. Smalley's service—on 14th August I had charge of the plate basket—I saw it safe in the pantry at twenty minutes to 1, and did not see it again till a quarter before 2—it was then in the kitchen after it had been taken.
JOHN WATTS (Policeman, R 193). On 14th August, about a quarter past 3 o'clock, I was called to Mr. Smalley's, and the prisoner was given into my charge—she had a basket with her, containing nets, boot laces, and writing paper—she said, "I have not touched the basket, you can look in my basket and see"—the plate basket was then in the pantry.
Prisoner's Defence. I never stood in such a position before in my life; I have been known in that neighbourhood twenty-five years, getting my living among servants by selling caps; the policemen have searched my basket times out of number, and never found anything that did not belong to me; anybody else could have done it.
GUILTY .—She was further charged with having been before convicted at Greenwich in 1861; to which she
PLEADED GUILTY.*†— Confined Twelve Months.
Before Mr. Justice Byles.
1148. RICHARD MOTT (68), and JACOB LEAVES (34), were indicted for stealing 1 cwt. of iron, and 1 metal lifter, the property of William Henry Hood and another; and RICHARD PYM (40) , feloniously receiving the same. MR. KEMP conducted the Prosecution.
WILLIAM HENRY HOOD . I am an iron and brass founder, carrying on business with my brother at Deptford-green—I have seen and examined the iron now produced, it is iron that I use in my trade—this piece is called pig iron, the other is scrap iron, and this is a tool called a lifter—this scrap iron has been broken up, but not used since; it was formerly a pan—the old iron is sometimes more expensive than the new—it is mixed with new iron in order to make first-rate cast-iron—the old iron is worth 75s. a ton, and the new 70s.—there is only one piece of pig iron here, all the rest is scrap—I don't know the exact weight of the iron produced, it is 3s., 3d. a cwt.—it would have been used in my manufacturing process—this lifter is my property—I could not say how long since I saw it on the premises—it had been manufactured about two days before the 18th—it is used to lift the inside out of a casting—it could still be used, it is not broken—I can swear to the iron—I had seen it on my premises the day before the 18th, and some on the 18th—I know Mott and Leaves by sight—they were not in my employment—I saw them on the premises on the 17th and 18th—they were sent by Mr. Ayres the contractor to clear away a quantity of rubbish that we had—these pieces of iron were not amongst the rubbish—they had no authority to remove a bit of it.
Cross-examined by MR. PATER (for Leaves). Q. How long has this rubbish been accumulating? A. This is not rubbish—the ground is not strewn with small pieces of iron—I have a factory, and an unenclosed piece of ground adjoining where the rubbish lay—I have a machine there for breaking iron—the effect of that is to scatter the pieces about—if it lies there
a week it gets rusty at both ends, which this is not—I have charged many persons with stealing iron, and got them convicted—the Magistrate has not over and over again refused to entertain my cases.
Cross-examined by MR. LEWIS (for Pym). Q. In estimating the value at 3s. 3d. I suppose you treat it as new iron? A. Yes; the value of the piece of pig iron is 4 1/2 d.—I did not go to Pym's premises.
MR. KEMP. Q. Was this iron mixed with the rubbish, or separate? A. Separate from it.
JOSIAH TURNER (Policeman, R 237). On the evening of 18th September, about half-past 7, I met Mott and Leaves coming out of Pym's shop as I was going in—I had not seen them go in—I asked Mott what he had been there to sell—the two were close together, each of them had a bag on his arm—he said he had only been in selling some old iron—I told him he must stop, and I must have a look at it—I went with them and Margetson, a brother constable, through the shop into the back-yard—Pym was there, and I saw on the scale all the iron now produced, except this piece of wrought iron—I looked at the iron, and said to Pym, "You ought not to have bought this, I must take it away, it is wrong"—he said, "I did not think there was any harm in buying it."
Cross-examined by MR. PATER. Q. How long have you known Leaves? A. A considerable time—I believe his character has been very good—there was no hesitation or concealment about him when I spoke to him—he did not say where he got it—Mott said they had been carting some rubbish for Mr. Hood, and they had found this in the rubbish.
Cross-examined by MR. LEWIS. Q. Did not Pym say, "I did not think there was any harm in buying a piece of old iron like that"? A. He did—there was only the old iron on the scale, the other piece was in another part of his premises; a sort of store-room—he came to the station next morning—I did not hear him tell his wife to pay 2s. 3d.—I saw her pay it, I believe, to Leaves—he made no concealment at all—he deals largely in iron.
JAMES MARGETSON (Policeman, R 122). I went with Turner to Pym's, and met Mott and Leaves just coming out of the shop—we all four went back to the shop, and saw Pym at the far end of it—he and I went into the yard, and I saw the iron produced on the scale—next day I went again to Pym's with Mr. Hood's foreman and Pym—the foreman looked on the top of a large pile, and identified this lifter—Pym said ho did not know who he bought it of—he begged me not to take it away, and not to make a case of it—I said I must take charge of it as it was identified—I took it to the station, and took Pym into custody.
Cross-examined by LEWIS. Q. He came down to the station in the morning, did he not? A. He did—in consequence of something that was said respecting some iron he said, "Come back with me, Margetson, and search my premises if you like "—I went back with Mr. Hood's foreman—those were not the premises on which this lot of iron was found—we went into the back yard and examined the whole stock—Pym then said, "I have a ware-house close at hand of which you know nothing; come and examine that"—it was about two minutes' walk from the shop—there was a very large quantity of iron there—this lifter was on the top of a large pile of iron there—when I was going to take it he said, "Leave that on the premises; you are surely not going to make a case of that."
COURT. Q. Is it a thing commonly used in the trade? A. I believe so—I have seen many in the prosecutor's factory.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
GEORGE HUNT (Policeman, R 11). I produce a certificate of birth from the superintendent registrar's district of Lambeth—I also produce a certificate of marriage from the same district—(These certified the birth of Constance Augusta Engleheart, on 9th October, 1868; and the marriage of Francis James Engleheart and Ellen Harriet Margaret Brook, on 23d April, 1859.)
JANE MAINARD . I live at Eltham—I was formerly servant to Mr. and Mrs. Engleheart—I lived there four months—the family consisted of Mr. and Mrs. Engleheart and two children, Constance and Percival—the girl was the eldest—there was no other servant but me—Mr. Engleheart was in the habit of going to business in the morning and returning in the evening—on Friday, 31st July, he left as usual to go to business—in the afternoon the child Constance dirtied in the dining-room—I had put the tea-things in the dining-room—at that time my mistress was upstairs—the child was on the floor, and the milk-jug upset—I heard Mrs. Engleheart come down stairs from her bed room into the dining-room—she called me up from the kitchen—she said the child had dirtied itself, and told me to get a cold bath and put it in the sink in the back kitchen—she said she had promised her a cold bath, and now she should have it—I got the bath ready, and put it in the sink—Mrs. Engleheart undressed the child upstairs, and brought her down and put her into the cold bath—the child was quite naked—she tied a duster round its mouth, and then put it in the bath, and she dipped its head in two or three times while it was in the bath—the water was in a tin hip-bath—this is it (produced)—she then took the child out and wiped her, and put her on the edge of the sink to drip—it was a stone sink—she then stood her on the floor and wiped her, and then she gave her some cod-liver oil out of a bottle—she gave it her out of the bottle—she put the bottle in the child's mouth, and poured it in—the child spilt some on her breast and shin, and then she put her in the sink, and pumped on her—she held her with her left hand, and pumped with her right—the child's head was on the sink under the pump—she pumped on her four or five pumps—she took the duster off its mouth when she took her out of the bath, and threw it down at the side—the child did not cry out when she was put into the bath; the duster was in its mouth—when the mother was wiping her she gave her a slap with her hand, and then she cried—she struck her first, and then the child cried—she did not cry when she was being pumped upon; she was quite quiet—when she had pumped upon it four or five times she wiped it, and took it upstairs—the child was kept in the cold bath about ten minutes, I should think—she was not up stairs above two or three minutes, before she came down with the child insensible—during that time I was in the kitchen—I did not leave it at all—I was in the kitchen the whole time—the kitchen-door was open—the stairs are close to the kitchen-door—I did not hear anything during that time; no sound as of anything falling—the kitchen is so near the stairs that if anything of the weight of a child had fallen from the top to the bottom of those stairs, or even half-way, I must have heard it—when my mistress came down with the child insensible she said she had let it bide too long in the cold bath, and ordered me to get a warm bath—I got a warm bath, and she put it into it; it was this same bath—it did not recover at all—she told me to go in to a neighbour's and get some brandy—I went to Mrs. Wood's; Mrs. Morrison was at the gate, and I asked her little
girl to go for the doctor—Mrs. Morrison came in first—I was there when she came in and asked what was the matter—my mistress told her that she had let the child stay in the cold water too long—I afterwards saw Mrs. Morrison point out a bruise on the child's head, and she asked how it came there—my mistress said she had let it fall down stairs—that was the first, time she said anything about the child having fallen—I was there when it died; about 5 o'clock in the morning—this took place about half. past 5 in the evening—it was about 6 when Mrs. Engleheart told this to Mrs. Wood.
MR. ORRIDGE proposed to ask the witness as to the prisoner's general conduct to the child. MR. SLEIGH (with MR. RIBTON) objected, such an inquiry could only be pertinent where the charge was one of murder; the inquiry here was whether a certain act done contributed to the death, and it could in no way aid the Jury in deciding that question, to show that another assault was committed on a different occasion—there did not appear to be any direct authority upon this point, but Bird's case seemed to support the objection. MR. ORRIDGE considered that Bird's case favoured the course he proposed to take; he contended that the inquiry was not necessarily limited to what occurred on the particular day on which the death took place; it might well be that previous assaults had tended to bring the child into such a state of health as to render the final assault fatal; he therefore put it as a continuous ill treatment, resulting in the death.
MR. JUSTICE BYLES did not think that in this case another independent assault could be given in evidence, unless it could be shown that both contributed to the death, but the question might be asked generally as to the treatment of the child.
Q. What was the prisoner's general treatment in regard of this child? A. She used to beat it very much.
COURT. Q. Was it kind treatment, or otherwise? A. Unkind.
Cross-examined by MR. SLEIGH. Q. How many stories high is the house? A. Two; the parlour, and one story above it—the kitchen is beneath—at the top of the upper story, there is a little swing gate, to prevent the children tumbling down—that is fastened by a little bolt which projects over one portion of it—after the child had the cold bath, and had been taken up stairs, Mrs. Engleheart told me to take the carpet out into the yard, and clean it from the mess—I did not do so then—I did not remove it till after the child had been in the warm bath, not till after she came down stairs again with the child—there is a little back-yard into which you get from the kitchen door—I did not go into that yard for anything while my mistress went up stairs with the child—I remained in the kitchen—I did not go out of it while my mistress was up stairs—there are two kitchens—I was in the front-kitchen—there is no door at the bottom of the staircase; it comes close by the kitchen door—I was not doing anything while my mistress was up stairs—I did not clean up, or do anything with the bath—there was no clock in the kitchen—I had no watch; I only guessed about the time—I do not know Dr. Blakeley; I never saw him—the child was not of dirty habits, not while I was there—she had never dirtied about before; she dirtied the bed once, that was all—my mistress told me that she used to put her into a cold bath—she said she was recommended to do so by the doctor—she told me that a good while ago, not at the times; he did not send me for some salt to put into the water on this occasion—she got it herself—she did not tell me that she did it in order to prevent the child taking cold; she did not say what she put it in for—I am quite sure about that—it was very hot weather at this time—I had seen her give the child a cold bath once before—that was a good while ago; about two months before—the child had dirtied in the bed
before she gave it the first cold bath—I don't know whether she put salt into the water then; I did not notice—she did not put a cloth round its mouth on that occasion, nor tie anything round its head—when she did it on this occasion, she did not tell me that she did it to keep the salt and water out of the child's mouth; she did not say anything about it—she did not give the child any cod-liver oil before that morning; I did not see her—there was a bottle of cod-liver oil lying on the mantel-piece—there was a fire in the kitchen on this occasion—she did not sit down on a chair, and wipe the child with a cloth; she stood her on the floor, and wiped her—I did not threaten my mistress to leave the house because of the dirty habits of this child—I never said anything at all about it, never at any time—when she brought the child down again, she did not run about to try to find some brandy; there was a little in a bottle—she told me there was not enough, and to run to a neighbour's, and get some—she first gave the child what there was in the bottle.
MARGARET MORRISON . I am the wife of William Morrison, of Eltham; my house is next to the prisoner's—on Friday afternoon, 31st August, about half-past 5, the prisoner's servant came in to see if we would send for a doctor—in consequence of what she said, I went in—I found the child in a hot bath, and the prisoner was rubbing it—she said she had put the child—into a cold bath for a punishment, and she had put her into a hot bath afterwards—I took the child out; I said I never did approve of baths—the servant brought a blanket, and I took the child in my arms till the doctor came—I went into the back-kitchen, where there was a fire—I saw a bruise on the side of its face, and I mentioned it, and the prisoner said the child had fallen down stairs—I said, "Oh!"—she said she took the child up, it looked so blue and cold, and was going to put it into her bed, and she brought it down to put it into a hot bath, that the doctor had recommended her to do so, that her sleeve caught in the gate on the stairs, and she lost all power and the child must have fallen out of her arms down the stairs—she afterwards said the child had fallen down stairs over the banisters, from the head to the foot—I remained with the child until the doctor came, and until 10 at night; it was then put into bed with hot water in bottles—I went in again at a little past 5 in the morning—they knocked at the wall for me—the child was then dead; the servant and I washed it, and laid it out—it had bruises from head to foot—I never spoke to Mrs. Engleheart till that evening, but I had heard the child frequently beaten.
Cross-examined by MR. RIBTON. Q. I suppose Mrs. Engleheart was very much excited, was she not? A. Yes, and agitated—the child was quite unconscious; it was in the bath when I went in—I am the mother of children—I thought a bath was not a proper thing in the state the child was—there was conversation going on all the time I was there; I remained more than two hours—it was not long after I was there that I remarked the bruise on the face; it was not immediately I took it out of the bath; it did not show then—it became blacker and blacker the longer I had it on my knee; it was shortly after I took it out of the bath that I remarked it, and I said, "This is a fresh bruise"—Mrs. Engleheart was going backwards and forwards—the night-gown was on the child when I took her out of the bath.
DAVID KING . I am a surgeon living at Eltham—on Friday afternoon, 31st July, about a quarter to 7, I was called to Mrs. Engleheart's to see the child—it was in a state of collapse, almost pulseless, pale, and I thought was going to die immediately—I remained with it about an hour—it died about 5 in the morning—I afterwards made a post-mortem examination—I found that the cause death was extravasation of a large quantity of blood on the
brain—there was an external indication to account for that, a large bruise on the right temple—there was a recent bruise on the top of the left foot, and several minor bruises, old bruises—those were the only two recent bruises that I observed—I look on the bruise on the right temple as undoubtedly the cause of the extravasation—the lungs and all the other organs were healthy—no other portion of the body indicated anything serious, or likely to cause death.
Cross-examined by MR. SLEIGH. Q. Might the old minor bruises you speak of be produced by a child stumbling about the house? A. I should say so—I do not say that the appearance on the temple was inconsistent with the child having fallen down stairs—a fall might have caused it—extravasation of blood on the brain may be caused without any external violence; you have it in apoplexy—I should judge by the child's appearance that it was not very strong or robust—such a child being suddenly plunged in a hot bath under the circumstances would probably not produce extravasation of blood; not to that extent—I think it is scarcely possible, unless there was some disease of the vessels; I should consider not—if there were any prior weakness of the membranes of the brain, that might possibly account for it, to a smaller extent—I had never seen the child before—I saw Dr. Blakeley at the inquest.
MR. ORRIDGE. Q. Did you discover any symptoms of disease about the brain? A. Not at all.
MR. SLEIGH requested that Dr. Blakeley might be called; his name was not on the bill, but he had been examined before the Coroner. Mr. Justice By let considered that to yield to such an application would be setting a bad precedent, but he would himself ask Dr. Blakeley a few questions.
DR. BLAKELEY. I was examined before the coroner, I had attended the deceased child before—I attended it about a year ago—it was a weakly child, suffering from general debility—I recommended it, amongst other things, cod-liver oil, and an occasional cold bath with salt in it to strengthen the system—I think a child ought not to remain longer than about five minutes in that bath—cod-liver oil will occasionally act upon a child as an aperient—I did not see the child put into the bath.
The evidence given by the prisoner before the Coroner was put in and read as follows:—"I am the mother of the deceased child; I gave her two doses of cod-liver oil on the Thursday. I did not give her any on the Friday morning; as stated by my servant Jane. On Friday we dined at 2 o'clock. After dinner the child sat on the stool in the dining-room. Between 5 and 6 o'clock the servant came up to ask if I would have the tea. I said, 'Yes'—I went up stairs to dress; the child remained with her picture-books; she said, 'Here comes Jane with the tea; I shall get good now"—Jane brought the tea-things up before I left the room. When upstairs I heard the rattling of the tea-things. I ran down; the door was open; a cup was on the floor, and the milk upset; the child had dirtied itself, and dirtied across the carpet I called for Jane, who came up directly, and said, "Oh, what a naughty girl! I have not left the room a minute." I told Jane to bring down the bath from upstairs, and I said to Jane, "I've many times promised her a cold bath, and now she shall have one." I took the child down into the back-kitchen, and there undressed her; Jane got the salt, and put into the bath; I tied nothing over the mouth of the child at first; I stood her up in the bath, and washed her. Jane said, "Can I help you?" Jane washed one arm and hand. A duster was then brought, and it was tied round her head over her month; I then dipped her into the bath, head and all; I then stood her on the
floor on an apron, and wiped her; I sent for the cod-liver oil bottle, and poured some of it into her mouth; some came over her. I held the child over the sink, and Jane pumped. The child was perfectly quiet. I wiped her again, and carried her up stairs at once; I put her down on the landing, and told her to go into the room, and put her night gown on; she did so, and came back to my room. I saw she looked very cold, shaking very much. I said to her, "You are a stupid little monkey to do those things; you are cold;" she said, "Yes, ma, I won't do it again." I said, "If Jane has got any hot water I'll put your feet in. "I was going to bring her down stairs; my long dress sleeve caught in the bolt of the gate; she fell over the balusters on to the stairs, about half way down, and then rolled further down. I called out, "Jane, Jane, Conny has fallen over the stairs. "Jane did not come. I went down stairs and met Jane, who came in at the back—door. I told her Conny had fallen over the stairs. She said she had been in the back garden to empty the bath. I asked for hot water, and told her to bring it. I told her to go to Mrs. Wood, and to send for the doctor. Mrs. Morrison came in directly, and I told her I had let the child fall over the balusters. Three or four minutes afterwards Mrs. Wood came in; the doctor came in afterwards.
The only statement I made to Mrs. Morrison and to Mrs. Wood was that the child had fallen over the balusters. I said nothing about keeping the child too long in the water. I never struck the child; I corrected her as a mother would. I never ill-used the child. I never struck the child that afternoon. She was always crying. She was very fractious. She was a little weakly child; a slight gust of wind would blow her down. I never struck the child with the stick produced. The child ate the chilies of her own accord, only one. I was up stairs only two or three minutes with the child. I did not knock the child's tooth down her throat on the Thursday.
I noticed the child had lost a tooth, and I did not know what had become of it until Jane told me she had found it in the motion which passed from the child on the Friday. The bath was emptied, and the carpet was taken into the garden before I came down with the child. I deny the statements made by Jane; they are untrue."
NOT GUILTY .
The witnesses examined in the former case (with the exception of Dr. Blakeley, who had left the Court) were re-sworn, and stated their former evidence to be correct.
MR. JUSTICE BYLES requested MR. ORRIDGE to state upon which assault he intended to rely. MR. ORRIDGE elected to rely upon the putting the child into the salt-water bath.
GUILTY of a common assault.
MR. SLEIGH applied for a postponement of the sentence, the prisoner being in delicate health, and expecting soon to be confined; but MR. JUSTICE BYLES could find no precedent for adopting that course. Confined Eighteen Months.
The following prisoners PLEADED GUILTY, before Mr. Common Serjeant:
1151. JOHN HARVEY (16) , to unlawfully attempting to carnally know and abuse Elizabeth Bennett, a girl under the age of ten years.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
1152. WILLIAM MOORE (18), THOMAS ROSE (20), and THOMAS GREENWAY (19) , to feloniously setting fire to a stack of hay, value 100l., the property of James Watson .— Five Years' each in Penal Servitude. [Pleaded guilty: See original trial image.]
1155. DANIEL O'BRIEN (18) , to stealing rope, the property of the General Steam Navigation Company, from a vessel on the Thames, after a previous conviction.— Confined Six Months. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
MR. POLAND conducted the Prosecution.
WILLIAM ANDERSON . I am a baker, of 5, Denmark-hill, Camberwell—on Friday evening, 21st August, Willis came to my shop, about half-past 5, and the girl showed me a half-crown—I went into the shop, and said to Willis, "That is a bad half-crown"—the girl said that it was for a half-quartern loaf he had had the evening previous for Mrs. Abrams—he said that his Ma had just given it to him, and he would take it back—it was bad, and I gave it back to him—he put it in a purse exactly like this (produced), and went away.
CAROLINE KNIGHT . I am the wife of George Knight, greengrocer, of 3, Crayford-place, Cold Harbour-lane—on Saturday, 22d August, between 4 and 5 o'clock, Underwood came, and I served him with a quart of plums, at 7d.—he gave me a half-crown—I tried it with my teeth, and said that it was bad—he said that it was silver—I tried it in a trier, and bent it—he said that it was good—I threw it back to him, and put the plums back—he game me a good shilling, and I gave him the change—I saw him join a lad and a woman, to whom he gave the plums—he went towards Brixton, towards the Dover Castle.
CHARLES QUINCEY . I keep the Dover Castle, Cold Harbour-lane, about 1,200 yards from Mrs. Knight's—on Saturday afternoon, the prisoners came there together—Willis asked for a pint of sixpenny ale, and gave me a half-crown—I think he took it from a purse; he had something in his hand—I put it by the side of the till, and gave him change, four sixpences and threepence in copper—one of the sixpences had a hole in the centre—Underwood then called for a pint of sixpenny ale, and gave me a half-crown—I tried it with my teeth, and told him it was bad—he said that he wished he had a hundred of them—I said, "One is enough for me"—he gave me a good shilling and three sixpences, having taken the change up—I gave him the half-crown, and they both left—I then went to the till and took out the half-crown Willis had passed; there was no other there—I found it was bad, went after the prisoners, and saw them going up Cold Harbour-lane, towards Mr. Mercer's, a grocer's shop—I spoke to a witness named Brown—Underwood went in, and Willis remained outside—I went up to him, showed him the half-crown, and asked him if he knew anything about it—he said that he had been to my place, and had a pint of sixpenny ale, for which he gave me a half-crown—I said, "Are you aware it is bad?"—to said, "No; I am innocent"—the policeman took him into Mr. Mercers shop, where Underwood was, and they were both taken in custody—he stood near the counter, close to Underwood, and I fancied I heard something drop—I gave the half-crown I received to the constable; this is it.
Cross-examined by MR. METCALFE. Q. Was Underwood drunk? A. I did not notice it.
FREDERICK MERCER . I am a grocer, of Camberwell-lane, five or six hundred yards from the Dover Castle—on 22d August, Underwood came in for a rasher of ham, which came to sixpence, and gave me a bad half-crown—I put it to my teeth, and then gave him change—as soon as he got to the door, Brown said to me, "That is a bad half-crown"—Underwood was then outside the shop with the ham—I fetched him back, and said, "This is a bad half-crown you gave me"—he said, "No; it is not"—Willis was then brought in, and I said that if Underwood would give me the money again I would let him go, but a neighbour advised me not—Underwood said, "Oh, you let me go; you don't want to prosecute"—on the Monday morning following, Mr. George Inglis brought me a purse with a half-crown in it—he showed me where he had found it, close to where Willis had stood—this is it (That returned by Quincey)—I gave the half-crown to the constable, and gave the purse up at kennington-lane.
LEANDER BROWN . I am a saddler, of 9, Cambrian-road, Camberwell-lane—on the afternoon of 22d August, I saw the prisoners and a female, about a hundred yards from Mrs. Knight's shop, going towards the Dover Castle—Mr. Quincey spoke to me, and I saw Underwood in Mr. Mercer's shop, and saw him tender a half-crown, which he took from a purse—Willis was brought in, and while the policeman was searching him I heard something drop, but cannot tell from which it was.
WILLAIM FUTLER (Policeman, 418 P). Mr. Brown spoke to me, and I went past Mercer's shop, took Willis in custody, and took him back to the shop where Underwood was—I searched Underwood, and found a florin, two shillings, four sixpences (one with a hole in it), and 10 1/2 d. in copper—on Willis I found 3¼d.—I asked him what he had done with the change that he had at the Dover Castle—he said, "I gave it to Underwood, my friend "—Underwood said nothing; he gave his address 1, Mansion-house-street, Camberwell—I went there, and found a box, in which were these small pieces of metal (produced)—I received this half-crown from Quincey, and two half-crowns which were received from Mr. Mercer.
Cross-examined. Q. Was Underwood the worse for drink? A. I did not see that he was.
Underwood's statement before the Magistrate;—"When I left the beer-shop with the half-crown, I was not satisfied with the landlord's opinion, and took the half-crown to the nearest shop, believing it to be good.
Willis produced a written defence, stating that he received the half-crown from his father.
UNDERWOOD— GUILTY .— Confined Twelve Months. WILLIS— GUILTY .— Confined Six Months
25th July, I left off work at 7 o'clock in the evening—I was at home from 7 till half-past 10, and then I went to my friend, Benjamin Woodnut's sister-in-law's—there was myself, Woodnut, and his brother and sister—we had some steak and bread, and a glass of beer for supper there—that was very nearly eleven o'clock—I had no rum and water there; I had some at the Bell public house, I think, before we went to Mrs. Woodnut's—I was in the Bell five minutes—we left Mrs. Woodnut's about half-past 12, after we had had our supper, and went towards home—we had got a little better than fifty yards from the house, in Paradise-street, I think, when the two prisoners came behind us; they came in front of us first, and then got behind us; and as we were passing, Smith said, "We have been looking for you two b—s;" I turned round and said, "Who do you call two b—s?" and then Smith throw me down; I got up again shortly, and said to them, "I know you to be police," and I saw Smith's hand go towards his pocket, and he struck me in the eye; my eye bled, and it was closed for five days—the street in which this happened is lighted with gas-lamps, and these was a lamp near the place where this occurred—when I was struck in the eye and knocked down, I called out, "Police!"—no police came, and I went towards my mother's house—the prisoners both ran away immediately I called "Police"—just as we got close against my mother's house, the policeman Lamb came running up behind us—I told him I had been assaulted by two policemen, and he said, "Go on, or I will look you up "—he came from the direction in which the other two had gone—Lamb kept pushing us along and told us to get in doors or he would lock us up—I got home, and was taken out of my house about ten minutes afterwards and locked up all night—Lamb and two more policemen came and took me off to the station, and our neighbour next door bailed me out the next morning—I was taken before the Magistrate on a charge of being drunk, riotous, and disorderly, and assaulting the police—the charge was dismissed—I had known both the prisoners before this for years, as policeman in that part—Smith used to call me of a morning—I next saw them when they came to the Police Court on the Monday—I am sure they are the same two men—they did not give evidence on the Monday; they did on the Friday—the case was remanded, and they both gave evidence against us—I was bound over eventually to prosecute the prisoners by the Magistrate—I saw Woodnut thrown down by Allum—he asked the reason I was knocked down, and Allum caught hold of him, and threw him right off the kerb he fell backwards—when he was about entering my house, ho told me he had received a blow on the back of the head—I did not see the prisoners there then—I did not see him struck again that same morning—he was insensible when he was taken to the station-house, and after he got there—Woodnut was quite sober, and so was I.
Cross-examined by MR. SLEIGH (with MR. ORRIDGE). Q. What time did you leave your work that evening? A. Seven o'clock; Woodnut and I both left together—we work at the same place—we got home about half-past 7—we did not go any where after we left work, we went straight home; we stayed at home from half-past 7 till half-past 10—I was doing a job down in the cellar—we had a glass of beer at home—when we left home, Woodnut said he would call round and see if his brother was at the Bell—I did not stay there five minutes; he was there about ten minutes—I went in, had a drop of rum and water, and came out—I was talking to a friend outside the door—we went straight from the Bell to Woodnut's house, and got there somewhere about 11—I know Union-bridge, Rotherhithe—wo did not see that there was a disturbance there on our way home—there was no
collection of people at all—I never heard of any row on that night between 12 and 1 o'clock—I heard afterwards that they had been looking for us for a row up at Dockhead—I heard one of the policemen talking about it at the station—Smith said at the station that he took us for a row up at Dockhead—I did not hear Allum say that—I did not hear Lamb say that he had seen us taking a part in the disturbance—we were not creating any noise or disturbance that night; we were not near Dockhead at all, nor near Union-road—I did not strike Lamb, nor did I see Woodnut strike him—my mother lives at 18, Millpond-street; she keeps a shop-r-we did not drag Lamb into the house; he forced his way into the house after me, and forced my mother oat into the road to get at me—he called for assistance, and tried to drag me out—he sprang his rattle when he was in the shop—Woodnut was outside—he was not in the house at all—no one was up when I got home; I knocked at the door, and my mother came down and let me in; she was examined at the police court, and is here to-day—it was about fifty yards from the police station where the prisoners assaulted us, right at the top of the street—I did not go to the police station to make a complaint—I should have gone, but I went there once before, and they kept me there; they took my mother into custody; I went to complain of it, and they kept me—I should have gone after I got home if I could have got somebody to go with me—I have been charged with assaulting the police; but I was discharged—I was innocent—my brother was taken into custody, I heard of it, and went round to the station-house to see if they would take bail, and they dragged me in and looked me up—that happened about a twelvemonth ago, I should think—he was charged with assaulting the police at a public house in Bermondsey—a policeman said before the Magistrate that I assaulted him—my brother was lined seven shillings, and my cousin was fined seven shillings—I was discharged—the policeman said that I kicked him in the leg—the Magistrate asked him where I kicked him, and he said, "In the back part of the leg"—the Magistrate then asked him where I was when I kicked him, and the policeman said, "In front of me"—I saw inspector Moore at the station on this night—I do not remember seeing the officer Hamlin there—I began to speak, and they stopped me; the policemen standing by would not let me speak—I did not say anything about being assaulted by the police, because I was not allowed to speak—as I was going by the dock, I said I had been ill-used—that was in the presence of Inspector Moore—I was not allowed to speak while I was in the dock—I did not say a word about the police having assaulted me—I did not hear Lamb make any charge against us; all I heard while I was standing there was, that they had been looking for us for a row up at Dockhead—I did not hear before the morning, when the charge was read over, what I was charged with, when I was bailed out—I wanted to know who I was rioting with—I say my friend and I were perfectly sober—an officer did not come in the cell after I had been there half an hour and wake me up and undo my necktie—I wan awake all the time—when he came in, I said, "How is it you have not been in the cell to look at me before? look at my eye;" and I asked him for some water to bathe it; no one came into the cell till the morning—(James Brown, 144 M, was here called in)—that man never came into the cell all the night—I did not see him when the charge was being taken—ho was not there—(307 M called in)—I do not know him; I did not see him that night when the charge was being taken—the charge was read over to us that night, but I could not properly hear what it was; it was for being drunk—and when they
said that, I knew I was not drunk, and began to speak about being ill-used by the police, and I was told to hold my tongne—they would not let me say what I wished to say—a policeman in the morning asked me how I got the mark on my eye, and I said it was two detectives on the road last night who had given it me—that was a policeman I knew very well, Sergeant Jackson—it was not 307 M who asked me about my eye—I know Jackson well, because I gave him some money to get my breakfast in the morning—I swear that 307 M did not ask me how I came by that cut, and that I did not reply, "I got it in a row; I always get into a row when I have a drop to drink;" I said no such thing to anybody there—I saw a man named John Rogan up at the Court against me—I don't know whether he was examined—I did not see him that night close to my mother's house just before I was taken into custody—(Thomas Hamlin, 309 M, was here called in)—I know that officer; he came into my mother's shop with Lamb on this night after the rattle was sprung, I saw him put his bull's-eye on—I was kicked in the side by Lamb in the shop, and I was taken by the throat and dragged out by him and the other policeman—I believe I mentioned about Lamb kicking me at Greenwich—I could almost swear that I said so—I know the prisoner Smith very well—several others have called me in the morning by knocking at the door—I have engaged him in the night to call me, so I can swear to the man; and I still swear that he is the man who assaulted me on this night—I had a hand put over my mouth several times at the station, and was told to hold my tongue—I cannot say who did that, there were two or three policeman round.
MR. LE BRETON . Q. Did you know anything at all about this row at Dockhead? A. No; I was never in any row there—when this charge was investigated before the Magistrate there was Lamb and five other policemen examined I think, and John Rogan—the Magistrate discharged us after hearing all those witnesses—Inspector Moore also gave evidence as to the state I was in—they stopped my mouth with their hands at the station, and I found it was no use attempting to speak.
COURT. Q. You say you have requested Smith to call you of a morning? A. Yes—I have been at home, and paid him—I used to give him a penny every morning he called me—I have to get up two or three times a week very early—he has called me half a dozen or a dozen times, I should think, within the last twelve months—I never had any quarrel with him whatever—I was on very good terms with him.
BENJAMIN WOODNUT . I live at 6, Somerset-place, Rotherhithe, and am a barge-builder, in the same employ as Thomas—on Saturday, 25th July, I left work with him at 7 o'clock; we went to his house—before that we went into the "Jolly Waterman" public-house, which is next door to where we work, and had a drop of rum and water—we went from there to his house—we got there about 8 o'clock—I went in with Thomas and stayed two hours and a half helping him to make a rabbit-hutch—we left together about half-post 10, and went down the road towards my brother's house—we went as far as the "Bell," and found my brother there, stayed there about ten minutes or a quarter of an hour, and then went to his house—we had half a quartern of rum and a pint of porter at the "Bell," between three of us—we then went to Mrs. Woodnut's together, and had some supper—we were there about an hour and a half, or three-quarters—I only had a glass of beer there with my supper—it was about halt-past 12 when we left Mrs. Woodnut's or it might be a little later—we went up the road towards Thomas's house—we had got into Paradise-row, about a hundred yards on our way, when I noticed
two men walking down the road; they were dressed in ordinary clothes—I know them again; the prisoners are the men—they said they bad been looking after us two b—s for some row in Dockhead that night—I cannot say which of the two spoke—Thomas asked who they were calling b s, and Smith threw him down in the road—he was in the act of getting up again and Smith struck him in the eye—I did nut bear what he said to them when he got up—I asked him what he had done that for, and was thrown into the road myself by Allum—he threw me right off the kerb into the road before I knew where I was—I fell on the back of my bead, and hurt myself very much—I did not see what Thomas was struck with—I saw Smith put his hand into his pocket before he struck him—I was thrown down just as Thomas was in the act of getting up—Thomas called out, "Police!" and the prisoners walked away across the road—we then walked some distance, and we saw Lamb, another constable—he did not come from the same direction the prisoners had gone; they went in the direction away from the station, and Lamb came in the direction from the station—he came in the reverse direction to what the other men went—when I first saw Lamb he was close to me, within a few yards—I did not see him a moment before he actually came close to me—I judge where he came from by the position in which he stood when I saw him—Lamb followed us to Thomas's house—Thomas was just going into his house when I was struck down, by a blow on the bead, on the pavement—I did not see who struck it, it came from behind—it cut my head open and knocked me down—I was dragged upon the pavement in a sitting position, and struck several times on the head—I then became senseless, and when I came to my senses I was in the station-house—I have no recollection of going there at all—I stopped there till I was bailed out—I did not hear any charge till then—I was put into a cell, and came to my senses in the cell—I was sober, and so was Thomas.
Cross-examined. Q. You were together the whole evening? A. Yes—we may perhaps have parted company for a minute, but we were together all the evening—I suppose we were in the "Jolly Waterman" half an hour—we went there directly we left work—Thomas was with me there, and partook of the rum and water—it was just about daylight when I got my senses, in the cell.
ROBERT SCOTT . I am a lighterman, and at the time of this occurrence I lived in Mooreton-street, Bermondsey—I was returning home from work at half-past 12 on this Saturday night from the Commercial-dock—I was walking along the main road, and got to the street where this happened—that street is lighted with gas-lamps—I saw Woodnut and Thomas proceeding about ten yards ahead of me, and saw the two prisoners standing there—they came up to them, and the shortest of the two (Smith) said to Thomas, "We have been looking after you two b s"—the word just preceded the blow and Thomas fell—Smith struck the blow—Thomas got up after he was struck—previous to that he said, "Who are you calling two b s?" and he was then struck and knocked down; be got up again—I can't exactly say what he said then—his companion went to get him away, and he was struck by the other prisoner, Allum—I saw Woodnut and Thomas knooked down from two to three times—I think Thomas was knocked down twice or three times, and the other one about the same—Allum struck Woodnut—the occurrence took from three to five minutes—Thomas called out, "Police!"
and the two prisoners went away from them—I followed up to Mrs. Thomas's house—it was all in my line home—when they called "Police!" they had gone from ten to fifteen yards from the place of the assault, and a police-constable, 104, I believe, came up—Thomas told him he had been insulted by some parties, and the constable commenced pushing them on, and said he would lock them up if they did not go home—that was just before they got to Mrs. Thomas's door—he did not say what he would lock them up for—Thomas preceded Woodnut, and knocked at the door—a female in her night dress let Thomas in—Woodnut was just behind him, and I saw a policeman stop Woodnut from going in—I will not say it was the same who pushed them on—I then saw Woodnut fall backwards' on his head, and saw him between a constable's legs in a sitting posture outside—six or seven people then came up—I did not see the prisoners come up—I next saw them on the following Friday at the corner of the Greenwich-road, and recognised them—on the Wednesday following the assault I was passing Thomas's house, and saw him standing at the door with his eye bandaged up—I asked him how his eye was, and he asked me if I saw anything of the affair—I was examined at the police-court—I have been in trouble; I got a sentence of penal servitude for four years—it is three years ago last July since the sentence expired—I have been to sea since then; I came home sixteen days before Christmas from Africa, and have been at home ever since—I was at work two years for Mr. Fuller previous to my going away.
Cross-examined. Q. Is that the only time that you have happened to be in trouble? A. That is the only time—it is not true that I have been in trouble on another occasion for another offence—I got the four years for stealing 16 bags of sugar—I have never been in custody since the expiration of that sentence—I was in trouble before that for an assault; I was fined 1l. or fourteen days, before a Magistrate—I saw Woodnut outside Thomas's house, and I heard Thomas distinctly, from the other side of the road, say, "Don't choke me, I will go with you "—I heard nothing else that I can relate—I heard a noise; there was a good deal of noise—there might have been a dozen or two dozen people outside then; a mob collected—I heard no rattle sprung—I was opposite the house—I saw the officer Lamb, he was the man who pushed them on, and said he would lock them up—I did not see them being taken to the police-station—I went away, I was unwell—I live just above where this occurred—I did not go up before the Magistrate on the Monday—I never saw anything of them till I saw Thomas at his own door as I was passing—I spoke to him first, and asked him how he was.
MR. LE BRETON . Q. Did you see the prisoners on the Sunday morning at all? A. I did not—when they walked away one of them stood under some houses on the south side of the way, across the road—there is a row of houses opposite with railings in front, and he stood up against them—Lamb was walking down on the left-hand side, and crossed the road—he came in the same direction that the two prisoners had gone, I think—when Thomas called out, "Police! Lamb came across the road in a slanting direction—whether he had come down or up the street I cannot say—I did not observe him coming downwards or upwards.
FANNY WOODNUT . I am the wife of William George Woodnut, a bricklayer, and live at 9, Paradise-row, Rotherhithe—on Saturday night, 25th July, about 11 o'clock, Benjamin Woodnut and William Thomas came to our house—Woodnut is my brother-in-law—I did not remark anything in them—they were sober—they had some supper, and a little porter with it—
we had half a gallon between six of us, about a glass each—when they left my house they were perfectly sober.
Cross-examined. Q. You never saw them the worse for liquor in your life, I suppose? A. Not on that night—I don't know that I have on other occasions, not what I call the worse for liquor—I call a man the worse for liquor when he does not know what he is about—I have never seen them in that state—I cannot say that I have not seen them have a drop to drink, but not the worse for it.
ANN THOMAS . I am a widow, and live at 13, Millpond-street, Bermondsey—William Thomas is my son—on Saturday evening, 25th July, he came home about 1, I think—I don't exactly know the time he came home first from his work—he did come home, with Wooduut, and they were doing something to a rabbit-hutch—they were engaged some time about that, and they went out about half-past 10—I next saw my son when he came home as 1 o'clock—he said that he had been very much ill-used by the police—I was in my night-clothes in the dark—he came into the shop—the policeman followed him in to take him out again—I heard the rattle sprung in the shop—I did not see the two prisoners there after that—some policemen came—my son and Woodnut were quite sober when they came back at 1 o'clock—they were excited by the ill-usage they had received—I saw Woodnut struck down; I don't know who by; it was a policeman in uniform—I went to the police-station on the Sunday morning a few minutes after they were there, for the purpose of bailing my son out—I saw Inspector Moore there, and the prisoner Smith—Smith said he had been watching them all the evening, and their conduct was disgraceful, and they had been rescued from the police once that evening by the Dockhead gang or mob, I don't know which he said—Woodnut did not speak after he was knocked down at my door—I did not see either of the prisoners there—my son has been working some time where he is now—he has served his time.
Cross-examined. Q. Was it the following Friday that you appeared as a witness at the police-court? A. Yes.
MR. SLEIGH called the following Witness for the Defence.
WILLIAM LAMB (Policeman, M 104). On this Saturday night, 25th July, I was on duty in Union-road, Kotherhithe—I know Thomas and Woodnut now—I took them in charge on that night in the Union-road, about half-past 12 or a quarter to 1—I had not seen them before—they were drunk, and creating a disturbance—I took them in charge, and they struck me, and knocked me down in the road—I requested them to go away, and they said they would not go away for a b——like me—I believe Woodnut said that—they both said they would not go away for me, and they both struck me with their fists, and knocked me into the road—I got up and followed them to the house where I find Thomas resides—I was there struck again by both of them outside the door—they then dragged me in at the door—Thomas knocked and the door was opened by a female—Thomas had hold of my collar, and I was struck, and my hat knocked off in the middle of the road—Woodnut was behind me—I was struck at the back and at the side of the head—when Thomas got me into the house he said to Woodnut," Shut the door, and we will kill the b when we get him inside"—I sprang my rattle and called out for help—I called out as soon as I was pulled indoors, not before—the door was not shut—a civilian, named John Rogan, came to my assistance, and afterwards some police-constables came up, and we took Thomas and Woodnut to the station—I saw the defendants there that night when they came to my assistance; not before, that night—they
came up to the door of the house—Mr. Moore was the inspector in charge at the station—I charged the witnesses—they were prisoners—they heard what I charged them with—I charged them with being drunk, creating a disturbance, and assaulting me—they did not say anything against it in my hearing—I did not put my hand over either of their mouths when they attempted to speak, nor did I see any other constable or person do so—I was in the office in front of the dock—they had plenty of time to say anything if they had chosen—they were both drunk, quarrelsome drunk—they were not insensible, not as bad as that—Woodnut was the worst of the two—I did not see him faint—144 and 307 took them down into the cells.
Cross-examined by MR. LE BRETON. Q. You say it was about a quarter to I when you saw these men? A. Yes; in the Union-road—there when several more people there—I did not know any of them—these men were swearing and making use of very bad language, and I requested them to go away, and then they struck me—I saw the defendants after I came out of Thomas's shop—I did not recognise them till I was going to the station—they were on detective duty on that night—my charge came on to be heard before the Magistrate on the Monday morning, and was remanded till the Friday—Thomas and Woodnut were then discharged, and I was fined 40s.—I have been suspended ever since, not dismissed exactly—my being rein-stated in the force depends a little upon the result of this case—I did not know Thomas and Woodnut before—I was on that beat that night—I have been on there several times before—I say they were very drunk—they were drunk at the station—I heard Woodnut give his name and address at the station—Thomas's name and address was taken down—I did not hear him give it—I did not observe Thomas's eye then—I saw he had got a very bad eye the next morning—they were drunk and quarrelsome—I should say they knew what they were doing—they knew very well what I charged them with—I don't think I have ever made a mistake about a man being drunk or sober—I had to appear in August by a summons—I cannot remember the day—I do not remember Mr. Traill saying that he had given very great consideration to the case—he said that the case had lasted five hours, because of its importance to the public.
MR. ORRIDGE. Q. You were suspended and fined 40s. because Mr. Traill considered you had exceeded your duty in going into the house? A. Yes; he said I ought to have had a warrant—I was convicted of violation of my duty in taking them out of the house—these men did not make any complaint against me during the time they were before the Magistrate.
THOMAS HAMLIN (Policeman, 309 M). On Sunday morning, 26th July, I went up to Thomas's house, in consequence of hearing a rattle spring—when I first got there I found the two prisoners in plain clothes—they told me there was a constable inside the house—I went to the door, and found the house was all dark—I turned my light on, and went inside—I there found Lamb, 104 M, with the witness Thomas, both down struggling together behind the counter—I assisted Lamb in getting Thomas out and taking him to the station—I did not see the witness Woodnut struck at all—they were drunk—I was present at the station when the charge was made to Inspector Moore—they could have said anything they liked in answer to the charge—T did not hear that they attempted to do so—I heard Thomas say, "I did not think the b—s could right so well"—he said that to Inspector Moore—I did not see anybody put their hand over the mouth of either of them to prevent their speaking—I was there all the time—I should
have seen it if it had been done—144 and 307 took them to their cells—Thomas and Woodnut appeared to be drunk—they had no marks of ill-usage—I did Dot notice any, or hear them complain of any.
Cross-examined. Q. You say that you beard Thomas say, "I did not think the b—s could fight so well"? A. Yes; I did not say that before the Magistrate—I have never said it before to-day—Woodnut appeared to be the most drunk—he did not appear to be suffering at all from a fall or blow—I did not hear him complain of anything of that sort—I had not Been the prisoners that evening before I saw them at Thomas's house—I knew they were on detective duty in that neighbourhood—I did not notice anything at all about Thomas's eye—I did not look—I will positively swear that I did not hear Thomas begin to say something—I am quite sure I did not hear him bay anything except what I mentioned before—there was another witness outside the house besides Lamb, the two prisoners, and myself—I also saw Thomas's mother outside—nobody else that I knew or that I could find out.
GEORGE STANFIELD (Policeman, M 307). I was on the reserve at the station on this night—I saw Thomas and Woodnut brought in there—they were both drunk—I heard the charge made by Lamb—he charged them with being drunk, creating a disturbance, and also assaulting him; neither of them made any answer to that charge—I stood by the side of them while the charge was made—I heard it read over to them, and they never made any answer—they never said a word about any ill-usage they had received—I noticed Thomas's eye; it looked as if he had received a blow—I said to him, "You have got a bad eye there; how did you get that?"—he said, "Yes; I got it in a row; I mostly manage to get into a scrape, if I take a drop to drink, but I should not have got into this if it had not been for taking my companion Woodnut's part"—that is all I heard him say there—he was talking to me the greater part of the time while the charge was being taken; of course I took no notice of him—nobody ever touched him while he was at the station.
Cross-examined. Q. Have you been on duty as a policeman since the 25th July to this time? A. Yes; I did not go before the Magistrate because I was not required, that I was aware of—I heard Thomas say to Inspector Moore that he did not think the b—could fight so well—he was chattering away to me all the time; when a man is very drunk he gabbles away—I heard him talk—I had no conversation with him—Mr. Moore took down Thomas's name and address from him—I should say Woodnut had had the most liquor of the two—I was not near Millpond-street at all during that evening—I never knew that there was a row at Dockhead—I did not know that the prisoners were on duty that night.
JAMES BROWN (Policeman, M 144). I was turnkey at the station on this night—it was my duty to take charge of all prisoners brought in from 10 at night till 6 in the morning—I heard the charge taken against these men by Inspector Moore, for being drunk and assaulting the constables—I did not hear them make any answer to the charge—I did not see anybody put their hands over Thomas's or Woodnut's mouth to prevent them speaking—I took them to the cells—they were both drunk—I saw them in their cells afterwards—my instructions are to visit the prisoners in the cells every half hour—I visited these men every half hour—after the first half hour Mr. Moore asked me in what state the prisoners were—I said they were asleep and snoring—I unloosed their neckties; that is the usual thing to do when
we find a man is drunk—I went the next half hour and found them then—they remained there till they were bailed out on Sunday morning.
Cross-examined. Q. You did not go before the Magistrate, did you? A.. I did not—I have frequently to go out of the room where the prisoners are first brought in, to look after the cells—Thomas and Woodnut made no speech against Lamb—they said, "I did not think the b—s could fight as well as they did"—Thomas had a deal to say; he talked as though he was drunk—Woodunt was very drunk—he was the most drunk of the two—they were bailed out after I had gone away in the morning.
JOHN ROGAN . I am a blacksmith, living at 12, Adam-street, Rotherhithe—about 1 o'clock on this Sunday morning, 20th July, I was on my way home—I know Lamb, 104 M—I saw him on that night after he came outside Thomas's house—he was dragged into the house by Thomas—I saw them come out, and Thomas and the other man were taken to the station—Lamb called out for help inside the house, and I went to his assistance, and gave Woodnut into custody—he and Thomas were very drunk.
Cross-examined. Q. Have you known Lamb long? A. No, not very long—my brother-in-law is a policeman—I know a good many of the police by sight—my brother-in-law has been in the police a long time—it was at Thomas's door I saw this—Woodnut was dragging the policeman inside; Thomas was along with him—they were outside when I saw Woodnut first, and when Lamb called for assistance I went in and dragged him out—there were no policemen there at the time—there was a mob of people—I gave some of this evidence before the Magistrate—Woodnut went in along with the policeman—Thomas dragged the policeman in, and Woodnut was going along with him.
MR. SLEIGH. Q. Were you examined before the Magistrate? A. I was—what I said was taken down in writing—I did not sign it.
MR. LE BRETON . Q. Did not you say before the Magistrate that you never went into Thomas's house at all? A. No, I never said anything of the sort—I did not say that Woodnut never went into the house, or that I did not see him come out of the house—I did see him come out—I had not been drinking on this night—I had not a drop all day.
WILLIAM MOORE (Police-inspector, M). The prisoner Allum has been in the police force eight years, and Smith five years—Allum has conducted himself with propriety, steadiness, and integrity; his conduct has been very good—Smith has also behaved in such a manner as to entitle him to the same character—I was on duty at the police-station at midnight when this matter occurred—I remember the persons, who are now the prosecutors, being brought in—the defendants were in the performance of their duty that night—the prosecutors appeared to me to be drunk—Woodnut was the worst of the two by a great deal—I entered the charge, which was substantially that of riot and disturbance, and violence—I read it over to them after it was taken down—they neither of them made any complaint to me of having been ill-used by the policemen—they were able to give me their names and addresses—I asked Thomas how he came by the cut on his face, and he said he got it in a row—they were conveyed to a cell, and locked up—I saw them again about 2—they were brought in about half-past 1, and I saw them at 2—from the period of their being brought in, until I saw them at 2 o'clock, they never said one word to me about having been assaulted by police-constables.
COURT. Q. Were they awake when you saw them the second time? A. They were both asleep—a policeman loosened their neckties.
MR. SLEIGH. Q. Were the defendants doing duty in plainclothes? A. They were—they were promoted to do detective duty chiefly for their vigilance, and also for general good conduct in the force.
Cross-examined by MR. LE BRETON. Q. When Lamb came to the station, did he say he had apprehended Thomas? A. He brought Thomas and the other man in—he said he had been dragged into Thomas's house—I don't think I ever said that he said he was not dragged in.
GUILTY .—Recommended to mercy by the Jury on account of their previous good character.— Confined Eighteen Months each.
The following prisoners PLEADED GUILTY:—
1158. WILLIAM THOMAS COOK(19) , to stealing, on 26th July, 2 watches, value 10l., and other goods, value 24l. 15s., in the dwelling-house of Samuel Hart, his master, and on 13th June, 1 chain, 1 watch, and other articles, in the dwelling-house of Cornelius Mum.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
1159. WILLIAM STORES* (27), and WILLIAM JACKSON** (29) , to obtaining money under false pretences, of John Phillips ; several witnesses gave Jackson a good character since his conviction.— Confined Eighteen Months each. [Pleaded guilty: See original trial image.]
Before Mr. Recorder.
MR. DICKIE conducted the Prosecution.
RICHARD POOLE . I live at 26, Union-row, New Kent-road—on Saturday night, 29th August, about a quarter to 12 o'clock, I was in Newington-causeway—some lads called to me from behind; I turned round, and the prisoner came up and said some few words to me, and then hit me in the face—there are plenty of lamps there, and I saw him distinctly—I struck him in return, and we had-a little fighting—three others assisted him, and I was thrown down—I was afterwards thrown a second time—the prisoner was on me and kicked me, and when I got up I missed my watch, which, I believe, my father paid thirty guineas for—it was found two or three yards off—I did not see it in the prisoner's hand.
Prisoner. You struck me first. Witness. No—the bow of my watch was broken—my guard was hanging as it is now, so that anybody could see it.
GEORGE CHALWELL . I am a picture-frame maker, of Baalzephon-street, Bermondsey—I was in Newington-causeway on this Saturday night, and saw the prosecutor and the prisoner fall, as I approached—a man kept calling out, "Hit the cowardly b—"and he picked the prisoner up when he fell—the prisoner then rushed at the prosecutor again, and threw him violently on the back of his head, and then the other man kicked him violently—he seemed to be acquainted with the prisoner—the prosecutor walked from the pavement, just off the kerb, with his hand to his head, the other man then said, "Hit the cowardly b—; he kicked you "—the prisoner then rushed at Mr. Poole and he fell, and when he got up his watch was gone.
Prisoner. Q. Did not the man who picked me up, come down to the station? A. Yes.
JOHN MATTHEWS . I am a reporter, of 12, Geddes-place, Bermondsey—about half-past 12 or twenty minutes to 1 on this night, I picked up the prosecutor's watch in Newington-causeway, and gave it to him—the bow was broken.
THOMAS ACKRILL (Policeman, M 207). I saw the prosecutor holding the prisoner by the collar—he charged him with stealing his watch—I took him to the station, and the watch was brought there—I found nothing on him.
Prisoners Defence. The gentleman fought three rounds, and was thrown down; might not the watch have been broken off his chain in our wrestling? it was not found on me; the bow is only fastened with a small piece of wire.
GUILTY .—He received a good character.— Confined Nine Months.
1164. GEORGE LIVERMORE (34) , Stealing 2 tarpaulins, the property of Joseph John Smith, in a barge on the Thames. Second Count., Feloniously receiving the same. MR. ATKINSON conducted the Prosecution.
WILLIAM TWIST . I have been in the employ of Joseph John Smith for four years—on 21st May I moored a barge of his, with a chain to a ring at the wharf—there were two tarpaulins on board, of seven-breadth cloth, and "J. J. Smith, Lambeth," was on them, in red letters, four inches long—I missed the barge, and afterwards found it between Lambeth and Vauxhall bridges, on the Surrey side—my master published a bill, which I posted about—I found the tarpaulins at Northfleet, on 26th August, on board the Owner's Delight—the prisoner was not there—I found him at Gravesend; his mate went with me—I gave the prisoner in charge—the name was cut out of the tarpaulins; a piece of canvas put in its place, and the two were made into one cloth—the value of them was 7l.
Cross-examined by MR. LILLEY. Q. Were they not in a ragged state? A. No, they were worn, but only a little tar was worn off them—the prisoner is the captain of the Owner's Delight—he was at Gravesend in the discharge of his duties—when joined together they were too large for his purposes, but two cloths had been taken out—I know they are the same, because there are no grummets in the corner, and by my own work—I never knew another instance of tarpaulins without grummets—I made the cloths, and dressed them myself—I made these holes in the corners, but put no grummets in, because I did not want any—the corners are turned down to make the hole through—here is the place where the name has been cut out, and canvas has been put in—these corners generally have a ring.
WILLIAM HORLOCK (Thames-policeman, 9). I went with Twist to Northfleet, and found the cloth on the quarter-deck—we then went to Gravesend, and met the prisoner in Bath-street, coming out of his own house—I told him he had two tarpaulins on his barge belonging to Mr. Smith—he said, "Yes, I bought them at Hungerford-bridge, and they came next day and wanted 10s. more, as I had them too cheap, and my mate rowed them to the barge, from the barge Joseph,"that is J. J. Smith's barge—he said that he thought his mate had gone to sea.
Cross-examined. Q. Do not you know that he bought them for his employer, the owner of the barge? A. I should think not—he said that he gave 10s. for them—it is not a practice for the masters of barges to buy their own tarpaulins.
GUILTY on the Second Count .—He was further charged with having been convicted at Greenwich in June, 1857; to which he
PLEADED GUILTY. Confined Six Months.
ADJOURNED TO MONDAY, OCTOBER 26TH, 1863.