CENTRAL CRIMINAL COURT
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSION I. TO SESSION VI.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most, Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF THE ESSEX KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 30th, 1863, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; Sir WILLIAM FRY CHANNELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JOHN BARNARD BYLES, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir JOHN MUSGROVE, Bart.; and Sir ROBERT WALTER CARDEN, Knt.; Aldermen, of the City of London; RUSSELL GURNEY, Esq., Q.C. Recorder of the said City; WARREN STORMES HALE, Esq.; JOHN JOSEPH MECHI, Esq.; WILLIAM FERNELEY ALLEN, Esq.; THOMAS DAKIN, Esq.; ROBERT BESLEY, Esq.; and ANDREW LUSK, Esq.; Aldermen of the said City; THOMAS CHAMBERS , Esq. Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
HILARY NICHOLAS NISSEN, Esq. Alderman.
THOMAS CAVE, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
LAWRENCE, MAYOR. FIRST 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, November 30th, 1863.
Before Mr. Recorder.
MESSRS. BEST and PALMER conducted the Prosecution.
JOHN WILLIAM ABRAHAMS . I live at Brentford, and am shopman to Mr. Box, a wine and spirit merchant—I have been with him four years, and with his predecessor eleven years—in 1859 I had occasion to invest my savings in a 50l. note—I had a memorandum of the number in my pocket-book—this (produced) is the note—I received this note alone, and placed it in my pocket-book, and put my pocket-book under lock and key up to the time of going to the prisoner's lodging—at the time I had it I put a memorandum of the number in one corner—this is the book; the number was 29, 101, but it has been altered to 29, 469—I can decipher several of the original figures—I went to lodge at the prisoner's in April, 1862—after a time I put the pocket-book in my wardrobe—I went to the expense of having a Chubb's lock put on the upper part of the wardrobe; on the folding doors—I left the wardrobe secure—I missed the note on 6th October—I had seen it safe about six weeks or two months before—when I missed the note, the pocket-book was in the same state as I had left it, and I found this 5l. note substituted for the 50l. note—it has an endorsement of the name of "Cole" on it—I believe that name of "Cole" to be the hand-writing of the prisoner—I do not know any person of the name of Cole—I know a person named Coles; he is an acquaintance of mine, and has been for some years past—he was so at the time I lost the note—we were on visiting terms—the last time he visited me was on 26th September—there is an endorsement on this 50l. note, "W. Jones, Stains;" that is the prisoner's handwriting—when I missed the note, I examined the wardrobe; the Chubb's lock was still locked—there were two bolts on the left-hand door which kept the doors together—I found that some instrument had been used in order to remove the bolts, top and bottom—there was no other way of getting at the wardrobe—the Chubb's lock would then be useless—after satisfying myself how it was taken, I went in to Mr. Box, my employer—next morning I went to Scotland-yard, and communicated with Mr. Williamson, and an officer went with me to the Bank—about March last the prisoner had asked me to lend him 50l., when some alterations were going on at his house—he is a tailor—he said he wanted the amount to invest in
his business, as he should require a stock—I refused to lend it him—I told him, on other occasions, when I had lent him money, that it was very much against my principle, lending money—he said if I would lend him the amount he would give me 5 per cent, and good security—I had previously lent him small sums; on one occasion I lent him 12l., but I never received any interest.
Cross-examined by MR. RIBTON. Q. You had this note in 1859? A. Yes—it was in April, 1862, I went to lodge with the prisoner—I then kept the note in this pocket-book, in a chest of drawers that were given me for my use—I kept it under lock and key; the key was given me by them—I kept the 50l. note there until it was removed into my wardrobe—that was about thirteen months afterwards—I did not take the number of the note for any particular purpose, only I believe it is always customary to take the number—I was not contemplating its probable loss—I had lost things on a great many occasions: on one occasion I lost 2l. out of the drawers—I complained of it to the prisoner, and he at last paid me the 2l.—I complained on one occasion of having lost a scarf—I did not complain to him of the loss of money on any other occasion: I am quite sure of that—the scarf that I lost I saw round the prisoner's neck—he did not say, when I complained, that it was my own carelessness, and Fought to keep my things more carefully—he never complained to me of my leaving my keys about—there is a bank at Brentford; I should have had interest for my money there—it was in consequence of missing things that I got the Chubb's lock put on—I lost the 2l. last October twelve months—I kept the 50l. note in the drawers till the April after that—I was not in the habit of having many people at my house; I was in the habit of having a few friends now and then to supper—one of them, Mr. Coles, has stayed all night; he was the only one—a blacksmith was in the habit of mending locks at my place—he has been in my bedroom on several occasions to repair the looks—Mr. Hall's man, a carpenter of New Brentford, put on the Chubb's lock—he had not been there before, nor since, to my knowledge—some of my friends sometimes stayed late; some of them were occasionally in my bedroom—I sometimes came in late—I once left the door open, in consequence of an imperfection in the door; it was negligence not forgetfulness—I opened the door with a latch key, and thought I had closed it, but did not—that only happened once—the prisoner mentioned it to me—I once left the latch key in the door, and a policeman found it there next morning—I carried the key of the Chubb's lock on a ring of keys—I did not leave them about my sitting-room—I always had them in my pocket until I left the prisoner's place—I had last seen the 50l. note about six weeks before 6th October—I had during that six weeks occasion to go to the wardrobe daily—I saw the pocket-book, but did not look in it—I missed it about half-past 5 in the evening of the 6th, when I was going in to my tea—I took my meals with the prisoner—I did not take tea with him that night; I had dined there that day—it was on that day that I discovered the marks on the wardrobe—I had no difficulty in opening the wardrobe with my key; it opened as usual—I showed the marks to the policeman on Thursday—I saw the name of Cole on the 5l. note that same night—I then thought it was the prisoner's writing—I told Mr. Box that I thought it looked like the prisoner's writing—I did not mention it to any one that night—I showed it to Mr. Box that night, but did not say anything to him about the handwriting—next day, the 7th, I came to London, and went to the Bank, where the 50l. note was shown to me—I did not tell the Bank clerk that I knew the writing on it—
it was about 11 o'clock that I got to the Bank—I had previously been to Scotland-yard—the officer did not go with me to the Bank the first day—after going to the Bank, I went back to Scotland-yard, and communicated with Mr. Williamson—I then went home—I said nothing to the prisoner that night—on the 8th, I went again to the Bank with the officer—I can't say whether or not I then said to the Bank clerk that I knew the hand-writing on the note—Mr. Coles was at my lodging on Saturday, 26th September, about a quarter to 12—he was there for about a quarter of an hour—he came to borrow an umbrella, as it was a stormy, boisterous night—he had not been there during the day—if he or any of my friends called when I was not at home they would not go up stairs; if I am not in my lodgings, I am generally in my business, in the house adjoining—I had no persons to supper the week following the 26th September; I am quite sure of that—it was in March that the prisoner asked me to lend him 50l.—I had on a previous occasion lent him 12l., and once, 'I think, 10l., which he repaid me—it was not the prisoner who recommended me to get the Chubb lock—I have never said so—I am satisfied the handwriting is his; it is exactly like his.
MR. BEST. Q. Both on the 50l. and 5l. notes? A. Yes; there is the difference of one being written with a quill pen and the other with a steel pen; it is the same character of handwriting—I am prepared to swear that, to the best of my belief, the writing on both notes is his—while Coles was with me, on 26th October, he did not go into my bedroom; he did not go up stairs—the 2l. that the prisoner repaid me, disappeared afterwards—after my friends have left my place, I have seen the 50l. note safe—I never left the blacksmith alone in my room—the first person to whom I mentioned the writing being the prisoner's, was the detective at Scotland-yard—that was on 8th October.
COURT. Q. Did you get back the scarf after seeing it on the prisoner's neck? A. No; I never saw it since—he denied that it was mine—it was one that I prized, being a gift.
GEORGE COLES . I am clerk to Gibson and Co., Army contractors and saddlers, of New Coventry-street—I live at Brentford—I have known the prisoner some time, and have had dealings with him—he was always in the habit of addressing me as "Cole," and of writing to me so—I have acquired knowledge of his handwriting—I believe this "W. Jones, Staines" on the front of the 50l. note to be his, and also the name of "Cole" on the back of the 5l. note—I have not the least doubt about it—I slept at Abraham's on 23d August—I have been there since, on two occasions, but I did not go into his bedroom.
Cross-examined. Q. I believe other parties were in the habit of addressing you as Cole? A. They have called me Cole, but I have not received any written communications in that name—the handwriting is very much like the prisoner's, all the letters, the "W. J." on the 50l. note particularly; the whole of the writing is like—I did not write the name of Cole on the note; I did not even know that the prosecutor was possessed of a 50l. note.
JOHN WILLIAMS . I am clerk at the County Court at Brentford—I know the prisoner's handwriting—I have seen him write when he has taken out plaints at the Court—I have seen him fill them up, and I have seen him sign the ledger when I have paid him money, on more than one occasion—I believe the handwriting on these two notes to be his writing.
Cross-examined. Q. You have not been examined before? A. No—I received a subpoena to be here last Session, and I was here—I have no
hesitation in saying it is the handwriting of the prisoner—I have never visited the prosecutor but once; that was to supper—I did not stay there late; I left about 11.
MR. BEST. Q. When was this? A. Five or six months ago—it was with much reluctance I was ever in this case; I have known the prisoner for some time—I never visited him.
EDWARD M. FULCHER . I was clerk to Messrs. Bull and Wilson, cloth merchants, of 52, St. Martin's-lane—I know the prisoner—he has been in the habit of dealing at our house for some years—I remember his coming early in October about the payment of a bill that was due on 4th October—I have the bill-book here—the entry is in my writing, it is entered on 30th June, and would be due on 4th October—I can tell by this book that it was paid on 1st October—I don't know who received the money for the bill; I think it is probable that I received it, because it was usual for those who received the money to enter it in the book, and I have entered it—36l. 10s. was paid—we have no knowledge in what way it was paid, but we think it must have been in gold—I have no recollection about it, nor is there any entry to enable me to say how it was paid—we do not enter whether the payment is in notes or gold—we have a book in which we enter all notes—Ablett, the cashier, has it—we have no particular mode of entering cheques—we treat them as cash if they are due at the time they are paid.
Cross-examined. Q. The 4th I believe was a Sunday, therefore the bill would be paid on the Saturday? A. Yes—the prisoner called on the Thursday, and paid it—I do not know what amount the prisoner has paid us during the last year; I believe about 115l. in different sums.
CHARLES ABLETT . I am cashier to Messrs. Bull and Wilson—I produce the book in which I make entries of moneys received for bills of exchange—I have no entry of any payment of notes for this bill on 1st October.
RICHARD ADYE BAILEY . I am a clerk in the Bank of England—I produce the 50l. note, 29, 101, 23d July, 1859—it was changed at the Bank of England on 26th September for forty-five sovereigns, and this 5l. note.
Cross-examined. Q. Would the person who changed this 50l. note have to pass at least before three of the clerks? A. Two more besides myself—this was on a Saturday, which is a very busy day.
WILLIAM PALMER . I am a detective sergeant in the Metropolitan police—from information I received I went with the prosecutor to the Bank of England, on 8th October—I there saw this 50l. note—I have produced the 5l. note and the pocket-book, which I received from the prosecutor—about half-past 5, on the evening of 8th October, I went to the prisoner's shop, at Brentford, and saw him—after some conversation, I said to Mr. Wyburd, "Have you seen this man before?"—he said he did not think he had—I then took the prisoner on one side—I asked him if Mr. Abrahams was in?—he said, "Yes"—I said, I should like him to hear what I had to say—Mr. Abrahams came up—I then said I was a police-officer, that a 50l. note had been stolen from the wardrobe in Mr. Abrahams' apartment in his house, and that I had a few questions to ask him; he could answer them if he thought proper—I asked him when he was in London last; he said, "This day week"—I asked where he went to? he said, "I went to Messrs. Bull and Wilson's, St. Martin's-lane"—I asked if he had paid any money away lately? he said, "Yes, I paid Messrs. Bull and Wilson 36l. 10s., a bill that was due—I asked what kind of money it was he paid
it in? he said, "A 5l. note, a bill or cheque for 6l., and the rest in gold"—I asked if he could tell me where he was on 26th September? he considered for a moment, and then said, "Yes, the only place I went to was to Hampton"—I said, "Who did you go to see?" he said, "I went to see a man named Sawyer, a bailiff"—I asked if he saw Sawyer? he said, "No, I saw one of his men who told me that his master was out"—I asked, which way he went to Hampton he said, "I took a ticket from Brentford to Waterloo-station, and from Waterloo-station I took a ticket to Hampton"—I asked if that was the proper way to go to Hampton? he said, "Yes"—I asked him if he had been to the Bank of England that day? he said, "No, I have not been to the Bank of England for years"—I asked what time he arrived at the Waterloo-station? he said, "Between 11 and 12"—I then asked what time he left the Waterloo-station for Hampton? he said, "Half-past 1"—on the 12th I apprehended the prisoner at his residence—I read the warrant to him, which charged him with stealing this 50l. note—he said, "There is one thing that I omitted to tell you the other day when you were here; in the early part of the summer I put 60l. into my business."
Cross-examined. Q. I believe you obtained a warrant on the Saturday? A. I did, but knowing him to be a respectable man, and that he would be kept in custody all Sunday if I took him then, I did not take him till the Monday—he showed me his books, and I examined them; he gave me every information—it was about half-past 6 in the evening that I called upon him—I had not given him any notice of my coming.
THOMAS BENT . I am superintendent of the South-western Railway—I attend at the Waterloo-station—on 26th September the-trains from Waterloo to Hampton, were a quarter to 12 and 2 o'clock—a person coming from Brentford would go to the Clapham junction, he would then catch the quarter to 12 down train, that is the most convenient route, it saves expense and time; he might go by omnibus.
Cross-examined. Q. The Clapham junction is new, is it not? A. Within the last twelve months—I think it was opened about April or May—sometimes the up-train which arrives at the Clapham junction arrives in time to catch the down-train, sometimes not; trains run every hour or two all day long—you can go to Hampton Court by Teddington, but not without walking three miles—there was a train to Teddington at 9, 10.25, and 12.15—there was none at 1.15, there was one at 2.15—there was no train between 12.15 and 2.15—there were trains to Twickenham—I have the time-table here.
The prisoner received an excellent character.
NOT GUILTY .
MR. WOOD conducted the Prosecution.
HEINRICH ELMHORST . I am a sugar-baker, living at 13, Ship-alley, St. George's—I keep a fish-shop there—the two prisoners have a fish-shop opposite, in the same alley—on the morning of 20th October, about half-past 1 o'clock, I was downstairs, and heard a noise; I went and closed the shop, and said I would not have any row—when I had closed the door the prisoner, George Roberts, came and kicked the door open, I shut it and he came and kicked it open again; I shut it again, and he kicked it open a third time—I then opened the door, and he hit me on the head with a big stick; they took hold of my hair, pulled me out, and cut my forehead with a ginger beer bottle—I was pulled down on the ground—I did not see my wife come out; she was out—they got her down on the ground, and she hallooed out
that her watch and guard were gone, and I then saw the guard in George Robert's hand; I took hold of one end of it, he would not let it go, and I broke it—he had one part and I had the other, which I gave to a man who lodges with me—I saw the other part of the guard at the police-court—the policeman took it from Robert's at the station.
Cross-examined by MR. RIBTON. Q. Do you know how this row commenced? A. No, I was in bed—I did not hear any one call the prisoner's names across the street—I did not hear anything before I got up—there was not a great crowd there then—there were some afterwards—the male prisoner was on the top of me—I did not see him lying down—I did not see the woman then—I saw my wife on the ground afterwards—I was not at any time on the top of either of the prisoners—I heard Mrs. Roberts say she had lost something—I was down on the ground about two or three minutes—Mrs. Roberts said at Lemon-street that her earrings and beads were gone—she looked as if she was very much injured about the head—I did not see a doctor strap her head up—I never had hold of her hair, and never knocked her head against the ground; I swear that—I did not see my wife do it—I did not know these people before I took the shop—I had been there eighteen or twenty weeks—they are in the same trade as myself; they sell fish—I have never called out to people going into their shop, "Don't buy from the old Jew"—I am quite sure of that—I have never heard my wife do so.
MATILDA ELMHORST . I am the prosecutor's wife—on the evening of 19th November, about 12 o'clock, I sent out some oysters, and Mrs. Roberts began to row and call me names—I gave her no answer, and she fetched in two rough girls, and they called me names, and threw things into my shop—I took no notice at first, and then I said, "For God's sake Mrs. Roberts leave me alone"—she began to row again, and I made no answer—I went to fetch some beer and brought it in, and then went to the front, and they began to row again—I asked my husband to shut up the shop—he closed the door, and Mr. Roberts came against the door, and knocked three times with a thick stick—my husband closed it twice and then opened it, and Roberts hit him across the head with a piece of wood which lies under the oyster board, and he was knocked down—I afterwards went out, and Mrs. Roberts came and took hold of me by the hair and dragged me down, and pulled my hair out, then some one came and caught hold of my legs and threw me down, and then Mr. Roberts came against me and dragged my watch and chain out of my bosom—I called out to my husband—there were several people round at that time, and Mrs. Roberts got an oyster knife and stuck me twice in the head with it—Roberts had my chain in his hand at the time I was dragged down—I screamed out, "My watch is gone, my watch is gone"—I have not seen it since—I saw the policeman with a piece of my chain afterwards.
Cross-examined. Q. Did you hear the female prisoner call out that she had lost her chain and earrings? A. Yes, at the station, not before—she did not lose them, she took the chain from her neck and gave it to the servant—I was on the ground underneath her, she was on the top of me—I was not on the top of her pulling her hair—I only saw two females there at the time the row began—I saw them go into the prisoner's shop—I did not call out, "Don't eat the old Jew cow's stinking oysters"; I will swear that—I did not see two ginger-beer bottles thrown over the way—we did not give them any cause for this violence—we had not used any bad language.
and am an unfortunate girl—I was in Ship-alley between 12 and 1 o'clock on the morning of 20th November—I heard the female prisoner tell two girls that if they would annoy Mrs. Elmhorst, she would treat them—about half-past 1, I saw a scuffle in the alley, and saw the prisoners there—Mrs. Roberts was holding Mrs. Elmhorst down by the hair of her head, and she then said to me, "Clara, Clara, they have my watch!"—I went out, and Mr. Roberts had hold of part of a chain, but the watch I did not see—a part of the chain was on Mrs. Elmhorst's neck—the prisoners heard her call out; they made no reply—I have since seen that chain in the policeman's possession.
Cross-examined. Q. Was there a great crowd there? A. Not a very large crowd—I am the landlady of 7, Star-alley—I know Mr. Elmhorst; he is not the landlord of that house—I pay the rent to the landlady, Mrs. Wallis—I sometimes go to Elmhorst's shop; I have known them these three years—on my oath, Mrs. Roberts was not underneath and Mrs. Elmhorst on the top; Mrs. Elmhorst was under, and Mrs. Roberts on top of her—I did not see that Mrs. Roberts' head was injured—I went to the police-station—I did not hear anyone call out, "Don't eat the old Jew's stinking fish;" I heard Mrs. Roberts say at the police-station that she had lost her chain, not before that.
ADAM CARR (Police-sergeant, H 40). On the morning of 20th November, about half-past 1, I heard cries of "Police!" and went into Ship-alley—I there saw the prisoners—I saw Mrs. Elmhorst and her husband lying on the ground, and Mr. Roberts and his wife on the top of them—I did not hear anything said about a watch and chain—I afterwards found part of a chain in Roberts' hand at the station when searching him: this is it (produced)—he said he knew nothing at all about it.
Cross-examined. Q. Did not he say that his wife had lost her chain? A. He did not; his wife said something about losing some ear-rings—she did not appear to have been cut about the head, that I am aware of—I do not know that the doctor had to strap her head up—the row was not nearly over when I came up; I was not very far off at the time—there were not many people there—I know these people very well—I believe there is very often quarrelling going on there; I believe they annoy each other—I have not heard the Elmhorsts call the prisoners names.
COURT. Q. Was there any charge made of stealing a watch? A. As soon as I came up I pulled Mrs. Roberts off Mrs. Elmhorst, and Mr. Elmhorst said that Roberts had stolen his wife's chain—I took Roberts to the station, and found a piece of the chain in his hand—he did not say anything at that time—I was very nearly choked by a sailor who was with the prisoners—I had to lock him up.
MR. RIBTON. Q. I believe he was fined 3l. as he was obliged to go away with the ship? A. Yes, he was
ANNE KOHLER . I live at 15, Ship-alley—on the morning of 20th November, somewhere about half-past 1, I heard a disturbance in the alley; I threw open my window, and saw the male prisoner take a piece of wood and knock at Mr. Elmhorst's door—it was shut up at that time—I saw Mrs. Roberts take a chain from her neck and give it to her own servant girl; that was before the row—she was standing in her own shop, and then a minute afterwards she said she had lost her chain—that was when the policemen were there.
Cross-examined. Q. What are you? A. I am a married woman; my husband is a mason—I am not a friend of Mr. Elmhorst's—I did not hear any one call out about the Jew's stinking fish—that has been said many
times before—I did not hear Mr. or Mrs. Elmhorst call out to any one who was going into Mrs. Roberts' shop, "Don't go into the old Jew's stinking shop."
ROBERT PAYNE (Policeman, H 198). On the morning of 20th November, I went with another policeman to Ship-alley—I saw Roberts on Mr. Elmhorst, holding him down—Roberts had got a small chain in his right hand and a ginger-beer bottle in his left—this is the chain (produced) I asked him what he had got in his hand—Elmhorst said to me, "He has robbed my wife of her watch and chain"—Roberts made no reply, but put the chain in his pocket—Mrs. Elmhorst at that time came in front of him, and he kicked her several times.
Cross-examined. A. When you came up, they were on the ground? A. Yes—I don't know what took place before that.
MR. RIBTON called the following witnesses for the Defence:—
CATHERINE JACOBS . On the night in question, I went to the prisoners' shop to buy some fish and potatoes; some one on the other side called out, "Don't eat that stinking fish"—I turned round and said, "Who is that?"—Mrs. Roberts said, "Oh, never mind; it is only the people from the other side"—I saw Mrs. Elmhorst and the servant standing there—I don't know who it was called out—a sailor-man then came up, and asked Mrs. Roberts how she sold her oysters—I believe she said, "Sixpence a dozen," and with that a bottle came across; the sailor looked opposite, and then the door was shut—I could not see from where the bottle came—another bottle came after that—Mrs. Roberts then called out to her husband, "George, do shut up the shop; I shall be killed"—the words used were, "Don't eat that stinking Jew's fish," and Mrs. Roberts said, "Don't take any notice, it is the people opposite."
Cross-examined by MR. WOOD. Q. Are you a Jewess? A. No—I did not see where the bottle came from.
JAMES WILSON . I was in my bedroom on this night, and heard a row—I heard Mrs. Roberts say something to her husband, in consequence of which I looked out of my window—I saw all four of them on the ground; Mrs. Roberts was underneath Mrs. Elmhorst—she had hold of Mrs. Roberts' hair, and was beating her head on the ground—Mr. Roberts was underneath Mr. Elmhorst—I did nothing—the policemen came up—I don't suppose there were a dozen people there—I went to bed after it was over.
Cross-examined. Q. Where do you live? A. No. 17, Ship-alley, nearly opposite the prisoners' house—I could see that it was Roberts who was underneath, because he had the same coat on he has now, and the other one was in his shirtsleeves—I was looking out of the window more than half an hour—I am not a relation of the prisoners—I am a dyer—I live with my grand-father, who keeps a dyer's shop there—it is on the same side as the prosecutors' shop, which is No. 13; I think we are four doors off—the alley is only lighted by these two shops, and a lamp at the top and bottom—Mrs. Roberts' shop was open at this time.
MR. RIBTON. Q. Who do you buy your fish from? A. Either one I like.
MR. RIBTON to ADAM CARR. Did you have an ear-ring? A. Yes, two—the female searcher found one on Mrs. Roberts, and the other one belonging to Mrs. Elmhorst was picked up in the alley where the row took place—they are different ear-rings; Mrs. Roberts' is broken—I have also a little gold mug which was in a purse.
The prisoners received good characters.
GEORGE ROBERTS— GUILTY .
CHARLOTTE ROBERTS— NOT GUILTY . See next case.
MR. WOOD conducted the Prosecution.
HEINRICH ELMHORST . (The evidence of this witness in the former case was read over to him.) When I went out of my house, I received a blow with a stick—I did not see a blow struck at my wife—I did not see the female prisoner lift up her hand; the male prisoner threw a ginger-beer bottle at me, which hit me just in the forehead; it cut the skin, and I bled.
MATILDA ELMHORST . (The evidence of this witness in the former case was read over.) After I was pulled out, Mrs. Roberts took an oyster-knife and stabbed me twice in my head—I saw her do it; at the same time I took hold of the oyster-knife, and it cut me through the hand—I sung out, and the young woman Clara Herbert came to save me, and got twice stabbed in the hand—Mrs. Roberts did not say anything at the time she struck me—I did not strike her first.
Cross-examined by MR. BESLEY. Q. Did this happen after your husband had the blow on the head from the stick? A. Yes.
CLARA HERBERT . On the evening of 20th November, about half-post 1 in the morning, I was in Ship-alley, and heard Mrs. Roberts tell some women that she would treat them if they annoyed Mrs. Elmhorst—they called her a German b—h, and Mr. Elmhorst came down stairs and shut the shop up—Mr. Roberts came three times and knocked the door open, and then struck Mr. Elmhorst on the head with a stick—Mrs. Elmhorst went outside to save her husband, and Mrs. Roberts took her by the hair of her head—I went out to save her, and received a blow from an oyster-knife in my hand—Mrs. Roberts, struck that blow; she struck Mrs. Elmhorst in the head two or three times with the oyster-knife.
Cross-examined. Q. Were both of them on the ground when the blows were struck? A. Yes.
HERBERT SPENCER . I am surgeon at the London Hospital—on the morning of 20th, Elmhorst, his wife, and Clara Herbert came to the hospital—Mr. Elmhorst had a slight outside wound on the forehead—the skin was cut—there was a little bleeding—Mrs. Elmhorst had a wound on the scalp, and a little wound on the hand—I could not say positively what the wound on the scalp was done with; a somewhat blunt instrument, I should think; an oyster-knife would do it—the wound on the hand might have been done with the same instrument.
Cross-examined. Q. Might it not have been done by an oyster-shell? A. It might, or by a scraper, or anything sharp on the ground.
ADAM CARR (Policeman, H 40). On the morning of 20th October, I was in Ship-alley, about half-past 1—I saw Mr. Roberts throw a ginger-beer bottle—I don't know who it was intended for—there were several ginger-beer bottles came out of Roberts' window.
ANNE KOHLER . I was in Ship-alley on this morning, and saw Mr. Roberts trying to open the door with a piece of wood three or four times—the prosecutor came out, and asked him what he wanted, and he struck the prosecutor with the piece of wood over the head—I saw Mr. Roberts with a ginger-beer bottle in his hand after that—I did not see him do anything with it—the policeman took it away from him.
ROBERT PAYNE (Policeman H 198). On the morning of 20th October, about half-past 1, I was in Ship-alley, and saw the prisoners and the prosecutor together—Mr. Roberts had got the prosecutor on the ground, and Mrs. Roberts had got the prosecutrix—Mr. Roberts had a ginger-beer
bottle in his hand; I caught hold of him, and tried to take it away from him, and as I did so, he threw it over my shoulder; whether it struck any one, or who it was intended for, I don't know—at the same time he kicked Mrs. Elmhorst several times at the lower part of the stomach, near the legs.
GEORGE ROBERTS GUILTY .— Confined Nine Months.
CHARLOTTE ROBERTS— GUILTY .— Confined Four Months.
The following prisoners
4. THOMAS BIRCH (59) , to forging and uttering an indorsement to an order for 14l., with intent to defraud. The prosecutors stated that the prisoner had been in their employment nearly forty years, and that the amount of his defalcations was about 1,000l., extending over a period of ten years. — [Pleaded guilty: see original trial image.] Six Years' Penal Servitude.
10. GEORGE GILHAM (27) , to stealing 1 post letter, containing 1 sovereign and 48 postage stamps, the property of Her Majesty's Postmaster-General.— [Pleaded guilty: see original trial image.] Three Years' Penal Servitude.
11. THOMAS CUTTS (24) , to a like offence. MR. METCALFE for the Prosecution stated that fifty stamps taken from another letter were found at the prisoner's lodging.— [Pleaded guilty: see original trial image.] Four Years' Penal Servitude ; and
12. JOHN BAKER, (30) , to two indictments for like offences. MR. METCALFE stated that the prisoner had taken a bill for 100l. from a letter, forged an indorsement upon it, and obtained the money.— [Pleaded guilty: see original trial image.] Five Years' Penal Servitude.
NEW COURT.—Monday, November 30th, 1863.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
HENRY ALBERT CROOK . I am ten years old, and sell baked taters at a stall by the Orange public-house—about four Saturdays ago, at a few minutes after 9 o'clock at night, the prisoners came to my stall; Haseman asked me for a pennyworth of potatoes, and gave me a half-crown—I said I had not got change, and one of them, I cannot say which, took it away from me—Scanlan then gave me a shilling—I gave her 11d. in half-pence, and three taters, and they left—I showed the shilling to a lady who is here—she went after the prisoners, and they were brought back.
Cross-examined by MR. ORRIDGE (For Scanlan). Q. Was this Saturday night? A. Yes; there is a great crowd about all the stalls—I have been examined before—it was the shortest prisoner who gave me the shilling—I heard their names at the police-court—Haseman is the tallest—she gave me the half-crown—the tall one asked for one pennyworth of potatoes, and gave me the half-crown, and not Scanlan—the short one gave me the shilling
and the tall one the half-crown—I had never seen them before—I am quite sure Haseman gave me the shilling—it was the tallest woman who asked me for the potatoes.
MARY CAIN . I keep a barrow near the Orange public-house, and near this lad—about four Saturdays ago, about half-past 9 at night, I saw the prisoners go up to the lad's stall—the tall one asked for a pennyworth of potatoes—he gave them to her, and she gave him a half-crown—he turned round to ask me to change it for him, and she said, "Never mind I will give you a shilling"—the short one gave him a shilling; he gave her eleven pennypieces change, and they went away—the boy handed the shilling to me—I bit a piece out of it; it was soft—I followed, overtook them twenty or thirty yards off, and asked them if they were aware they had given the little boy a bad shilling—they said they did not know it was bad—they both spoke at once; they gave me the 11d., back, and the three potatoes, but in the confusion I cannot exactly tell which had the potatoes—they said that they would give me a b—punch in the eye, and then they said, "Sling"—I did not then know what that meant—a policeman brought them back, and the child's father gave them in charge.
Cross-examined. Q. Were there a great number of people passing? A. No, not many—there was nobody at the stalls, but there were plenty of people in the street—I have been examined before, and know the prisoners' names—I did not know either of them before—I was examined before the Magistrate—Scanlan is the tall one, and Haseman the short one—I saw a gentleman take down my evidence—it was read over to me, and I signed it as true.
THOMAS BALL (Policeman, A 270). On Saturday, 21st October, the last witness gave the prisoner into my charge with this bad shilling—I afterwards received this other bad shilling from Hales—I received these articles(produced) from the female searcher.
CHARLES HALES . I am a shoemaker, of Queen-street, Pimlico—the prisoners were brought in front of my door in custody, and about five minutes afterwards I found a shilling in the read, just by the gutter within a yard of where they had stood—I gave it to the policeman.
GERTRUDE REEVES . I am searcher at the Pimlico police-station—the prisoners were brought there on 31st October, about half-past 9—I searched them, and found on Scanlan a portrait, and on Haseman 6d. and 5 1/2 d., which I gave to the policeman.
Haseman's Defence. My mother died twelve months ago, and left me with five brothers and sisters. I left my situation to maintain, them by selling a few things. I know nothing about the coins.
The prisoners received good characters.— GUILTY.—Strongly recommended to mercy by the Jury. — Confined Eight Months each.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
CHARLES COLLIER . My brother keeps a pie-shop in Wardour-street, and I manage it—on 6th November, about half-past 9, the prisoner came for two penny pies—I served him—he tendered a shilling—I gave him tenpence change, and put it on the marble slab of the window—there was a sixpence there, and some half-pence, but no other shilling—shortly afterwards he came and asked for two twopenny pies, and tendered a shilling—I saw that it was bad, and
told him so—he took it out of my hand, and said, "I know where I took it; I will be back in half a minute," and ran out, leaving the pies—I then looked at the first shilling, found it was bad, and went out, but could not find the prisoner—about eleven o'clock, in consequence of something I heard, I went out, and saw the prisoner wishing a friend good-night—I asked him if he recollected bringing a shilling to the shop, and said, "The first one you brought was bad"—he said, "That was half an hour ago"—I gave him in charge with the shilling.
GUILTY .—He was further charged with having been before convicted, in April, 1861, to which he
PLEADED GUILTY.**— Six Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
EMMA KINGSTON . On 2d of October, the prisoner came to my shop for a cup of tea and two slices of bread and butter, which came to threepence—he gave me a shilling—I bent it with my thumb on the table, and said, "This is bad"—he said, "Do not deface it; I will give you a good one"—he did so, and I gave him the change—he said, "Give me back the other"—I said, "I will mark it first—at that time Holmes came in—I handed it to Mr. Brett, who handed it to Holmes, and the prisoner was given in custody.
WALTER HOLMES (Police-sergeant, F 3). I was in Brydges-street, Coventgarden, and followed the prisoner to Brett's coffee-shop—I knew him before—I went to the private door, and spoke to them, and then waited outside—I was called in, and received this shilling—I found a few coppers on him—I called him by name, and said, "Why do not you turn this game up? how long have you been out?"—he said the day before—I took him in custody—he was remanded till the 12th, and then discharged—he gave the name of William Jones.
CAROLINE ELIZABETH HUGHES . I am niece and barmaid to Mr. Swinyard, who keeps the Bell in the Old Bailey, just opposite here—on 27th October, about 3 o'clock, the prisoner came in for two pennyworth of bread and cheese—he tendered a shilling—I gave him the change, and put it in the till—there was no other shilling there, only two or three fourpenny-pieces—I afterwards took the shilling from the till and showed it to Mr. Swinyard; it was bad—my aunt went to the door to see for my uncle—the prisoner then went to the side door—he was afterwards given in custody with the shilling.
CHARLOTTE JEMIMA SWINYARD . My husband keeps the Bell in the Old Bailey—I saw the prisoner at the corner of the bar about 3 o'clock on the Tuesday—my niece took a shilling out of the till—there was no other shilling there—I showed it to some one in the bar, and ascertained that it was bad—I marked it, and gave to Poole without losing sight of it—I sent for the prisoner, and my husband gave him in custody—on the previous evening the prisoner came in for a quartern of warm gin, and gave me a good half-crown; I gave him two good shillings, and 3 1/2 d., which he took up, and then gave me a bad shilling, and asked me for two sixpences for it—I gave them to him—I afterwards showed it to my husband, and it was broken in half, and thrown into the fire.
October, and received this shilling—I searched him, and found 8s. 7d. in good money; he gave his address.
GUILTY .—He was further charged with a former conviction in September, 1861; to which he
PLEADED GUILTY.**—The Mint authorities stated that he had been repeatedly in custody, and had been sentenced to nine months, one year, and two years, and that he boasted that he could not be set to hard labour, in consequence of a deformity of his foot .—Seven Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JADNIGA MARIA LISOWSKI . I am a barmaid at the refreshment-room, Victoria-station—the prisoner came there on November 9th, asked for a quartern of rum, and threw down a florin; I found it was bad—I opened the till, and said, "No change; what a pity"—I then went outside, and gave it to one of our constables, Middleton.
Prisoner. Q. Did I attempt to escape, or say that I would get change? A. No.
JAMES MIDDLETON . I am a constable of the Victoria-station—on 9th November, the last witness handed me a florin in the prisoner's presence—I told him it was bad, took him in charge, and handed him over to Huddy, with the florin.
ALEXANDER HUDDY (Policeman, B 2). I received the prisoner on 9th November, and this florin—I took him to Rochester-road-station—I saw him about to throw something away, and in his right hand I found three bad shillings wrapped up separately in a piece of newspaper—I said, "This is the way you are doing it, is it"—he said, "I did not know they were bad"—I took him to the station.
Prisoner's Defence. I did not know the money was bad; it was given to me by a man I know very well by sight. He gave me the three shillings and asked me to go to the refreshment room and have what I liked to drink out of the two-shilling piece, and give him the change. I have never been convicted.
GUILTY .**— Confined Twelve Months.
MR. CRAUFURD conducted the Prosecution.
THOMAS COX . I keep the Falcon in Church-street, Newington—on 19th November, about 6 o'clock, the prisoner came in for a glass of ale, which came to three halfpence—he put down what should have been a shilling—I rubbed it with my fingers, and said, "Young fellow, have you got any more of these?"—he said, "What is the matter?"—I said, "This is a very bad one; not worth a button"—he gave me sixpence, and I gave him the change—he said, "I did not think it was bad; I was going to ask you to give me some large silver for this small"—I told him to take his money away—I broke the shilling in two and gave him half of it—the constable has the other.
Prisoner. I have no idea of going into your shop at all. Witness. I am quite certain you are the person.
JOHN HOBBS . My father keeps the Weaver's Arms, at Stoke-Newington, about half a mile from the Falcon—on 19th November, about ten minutes past 6, the prisoner came and I served him with a glass of stout which came to twopence—he gave me a shilling—I put it in the till, gave him his change,
and he went away—I heard a noise up near Jarrett's the butcher's, and went there and saw the prisoner—something was told me, and I went back to my father and found a bad shilling, the one which the prisoner had given to me—there was another in the till, but I remember this one; I thought it was rather pale, but did not like to say anything—I gave it to Allen—the other shilling was more worn, and was unlike this.
EDWARD JARRETT . I am a butcher of High-street, Stoke-Newington—about a hundred yards from the Weaver's Arms—on 19th November, about half-past 6, the prisoner came to my shop for sixpenny worth of steak and gave me a bad shilling—I told him it was bad—he said he was not aware of it—I asked him a few questions, and afterwards gave him in charge with the shilling.
GEORGE ALLEN (Policeman, N 206). The prisoner was given into my charge—I received a shilling from Jarrett and a shilling from Holmes—I asked the prisoner where he came from—he said, "Half Moon-street, St. Luke's"—I could not find such an address—I found on him a purse, a half-crown, and two shillings.
Prisoner's Defence. I had no idea they were bad. I am no judge of money.
GUILTY .— Confined Nine Months.
MR. CRAUFURD conducted the Prosecution.
MARY ANN LIPSCOMB . My husband keeps the George public-house in Edgeware—about 6 o'clock on 20th November, the prisoner came in for a glass of beer, and put down a shilling—I looked at it, and gave it to my husband—he said it was bad, and said to the prisoner, "I know you; you have been here before. I have not got rid of the last shilling you brought before"—the prisoner said he had not been to Edgeware before—my husband said he had, and he was given into custody with the shilling.
EDWARD STOKES (Policeman, S 331). I took the prisoner at the George—Mr. Lipscomb gave me two shillings (produced)—the prisoner said he had never been in Edgeware before; he had been living in Leeds all his life—I told him I was positive I had seen him in Edgware before—I searched him and found two shillings and a penny-farthing good money.
JAMES LIPSCOMB . What my wife has said is correct—I had seen the prisoner a week before—I served him with a glass of beer, and he gave me this shilling—it was just between the lights when he came in, and as soon as I lighted the gas, I saw it was bad—I had put it into the till where there was no other silver—I afterwards gave it to the policeman with the other.
The prisoner's statement before the Magistrate: "I have nothing more to say than that I was not aware I was giving a bad shilling."
Prisoner's Defence. I was never in Edgeware in my life before that. I called for a glass of ale, gave a shilling, and the landlord said it was bad. I said I was not aware it was bad, and I took it up to see if it was or not. I could not tell exactly then whether it was bad.
GUILTY . *— Confined Six Months.
MR. CRAUFURD conducted the Prosecution.
remember the prisoner coming on 5th October—the waitress was serving—we call her Emma; her name is Elizabeth Syrett—the prisoner had a chop and potatoes which came to 7d.—Syrett served him and took his money—I was in the kitchen at the time she gave a crown to my wife, and my wife passed it to me—it was bad—I went up stairs, and asked who it belonged to—my wife did not know—the waitress came up at that time, and I said to the prisoner, "Is it yours?"—he said "Yes"—I said, "Can you give any account of it?"—he said, "Is it a bad one?"—I said, "Yes; it is a very bad one"—he said "I have just come from the railway close by; I can give a satisfactory account of it"—I was not satisfied, and I gave him in charge with the crown.
Prisoner. Q. Did not I say that you had better get a policeman and then I could let you know where I got it from? A. Yes, I believe you did.
WILLIAM TURNER (City-policeman, 641). I took the prisoner, and received this crown piece (produced) from Mr. Boor—the prisoner was taken up to the Mansion-house the next day and discharged—I found a half-sovereign and a penny on him, good money—he said he had received it at a house he had slept at at Plaistow—I asked him what house, and he said he did not know; it was near the Red Lion—I asked him where he had slept the might previous—he said, "Somewhere near the Victoria Theatre," but he could not tell me the name of the house.
GEORGE CORNWELL . I am manager at the Ship public-house, Artillery-lane—I was serving there on 6th November—I served the prisoner with threepenny worth of brandy—he paid me with a counterfeit half-crown—I took it up and went to the other end of the bar—he came up and said, "Is it a bad one?"—I said, "Yes, it is," and bent it; it bent easily—I got a constable, and gave the prisoner in custody with the half-crown—he said he had just come from the Eight Bells, Newmarket—I wrote down to my father, who lives there, and he tells me that there is no such house as the Eight Bells there.
Prisoner. Q. Did I attempt to get away? A. No; I got against the door in case you should—you said, "If you like to send for a constable, you can," and I said, "I have done so."
WILLIAM HENRY HALE (City-policeman, 625). I was called to the Ship, and received the prisoner in charge, with this half-crown—he said he was a perfect gentleman, I had no occasion to catch hold of him—I said, "During the time you are in my charge I shall take particular care of you"—2 1/2 d. was found on him—he gave his address "Eight Bells, Newmarket."
Prisoner's Defence. I went to North Woolwich to get a situation, and changed a sovereign there. I slept there on the Saturday night, and at Plaistow on the Sunday night. I came up by the Fenchurch-street Railway, and wanting something to eat, I went into the first prosecutor's shop and ordered a chop. I paid with a five-shilling piece; I did not know it was bad; it was part of the change for the sovereign, and I had a half-sovereign and a penny left. I went back to Newmarket and came up again in six weeks, with my brother, who is a jockey. He gave me a half-crown and a sixpence, and said he would send me some postage-stamps. I went into the Ship and gave the half-crown. He bounced it, and I said to myself, "Why, that seems like a bad one." I was utterly innocent that it was bad when I gave it.
NOT GUILTY .
The following prisoners
PLEADED GUILTY to unlawfully uttering counterfeit coin:—
22. THOMAS ALLEN (20) , to feloniously uttering a forged receipt for 27s.; also to stealing 27s.; also to stealing a dressing-case, gold ring, and other articles, the property of Robert Henry Hurst, his master.
MR. SLEIGH stated that the prisoner's friends, who were highly respectable, would send him abroad.— [Pleaded guilty: see original trial image.] Confined Twelve Months.
OLD COURT.—Tuesday, December 1st, 1863.
Before Mr. Recorder.
This case arose out of a series of trials at this Court, referred to in the course of the following evidence, (for which see Sessions Papers, Vol. 57, Close and others, pages 313, 318, and 364; Simpson's case, page 538; and Vol. 58, Everett's case, pages 192, 234, and 238.) MR. SERJEANT BALLANTINE with
MESSRS. SLEIGH and BESLEY conducted the Prosecution.
GEORGE MARTIN . I am chief clerk to the Justices at Guildhall—on 7th May last, two persons, named Benjamin Close and Benjamin Everett, were charged with felony before Mr. Alderman Humphrey—the charge against was, first, against Close for stealing 900 yards of elastic web, value 100l., and other goods, in the dwelling-house of Emanuel Lambert Lyons, and afterwards feloniously breaking out of the said dwelling-house; and also against Close and Everett for feloniously receiving the same goods, knowing them to have been stolen—on the examination of those two persons, before Mr. Alderman Humphrey, I saw the oath administered to the prisoner as a witness on the part of the prosecution.
MR. RIBTON. Q. What are you reading from? A. The original deposition—I have my original minutes here; this is an exact copy—I do not remember seeing any charge-sheet—there is given only what is called a charge-sheet, containing the nature of the charge—there were several charges against Everett and against other persons—whether in this particular case of Lyons there was a charge-sheet, I am not able to say—that which I have read from the depositions was made out after the evidence was heard—the charge was first made by Inspector Bond, verbally—he charged one with stealing and the other with receiving the goods—I don't think Yates was present at the time Bond made the charge, I think he was in the adjoining room.
MR. SLEIGH. Q. The depositions were of course read over and signed by the witnesses? A. They were—I read them over in the hearing of the witnesses and of the prisoner.
MR. ORRIDGE. Q. Do you know that Everett was given in custody by Mr. Commissioner Kerr? I do not know it of my own knowledge, it was said so—he was brought to the police-court in custody on 10th April—there is generally a charge-sheet, in almost all cases—my impression is that there was a charge-sheet when he was first brought, but that was in respect of another felony alleged to have been committed, not this of Lyons—the charge in respect of Lyons was not made until 7th May—there had been investigations on various days between 10th April and 7th May—Lyons' case was heard on 7th May, after the hearing of other charges had been concluded—I don't think Lyons' case was on the charge-sheet; I do not remember
seeing it; I cannot say one way or the other—my impression is that there was no charge-sheet—there were a very great variety of charges constantly, almost every day, not entered separately, but elicited in the course of the evidence.
MR. SLEIGH. Q. Refreshing our memory by the depositions, will you state what the prisoner stated on his oath in reference to the charge against Close and Everett? A. Perhaps I had better read from my own minutes—he said, "I have known the prisoner Close for eight or nine years; I have known Everett for fourteen or sixteen years; I have seen Close at my house, at 86, Wheeler-street, Spitalfields; in December last I lived at 35, Collingwood-street, Mile End; I have seen Close at that house; he came with a man called Velveteen, from 9 to half-past 9 in the morning; that was in December, a little before I was taken into custody; they came in a horse and cart; some boots were in the cart, some uppers; I am not sure whether there were not two or three pieces of elastic; there were three or four bags of a darkish colour; Close said, 'Jack, have you got any stuff (money)?' I said, 'No, but I will find you a man that has got some;' the things were not taken out of the cart; I got into the cart with Close and Velveteen; Close drove the cart, and I took them to Everett's, at No. 60, Sale-street; the bags were taken out of the cart and taken into Everett's house, into the front parlour; Everett was in the parlour with us; close said to him, 'Everett, I have got something to suit you;' Everett said, 'What are they?' Close said, 'Some boots and shoes, and some uppers;' I did not see the bags opened; Everett said, 'How much do you want for them?' Close said, '40l.;' he said, 'Unsight and unseen, I will give you 30l.;' Close said, 'No, that won't do;' then Everett said he would give 33l.; I saw the money paid in gold; it was paid to Close, and Velveteen; I got 5s. from each of them; Close and Velveteen said to Everett, in his parlour, that the things were from Lyons' burst; I got to Everett's house a little before 10 o'clock in the morning; I then saw Mrs. Everett first; I think the servant of Everett's was in the passage, but I won't be sure. Cross-examined. I was examined as a witness against Close in March; I did not say anything about taking them to Everett's, I was not asked; Close's brother was tried with me; Close's brother pleaded guilty; my wife did not go with me to Everett's on this occasion; I never gave information about this transaction until after Close had been tried and acquitted. Re-examined. I do not believe my wife saw Close and Velveteen when they came with the horse and cart; she was upstairs. Further examined. I saw the mouth of one of the bags opened; there were boots in the bag, uppers and boots together; I can't say whether I saw the other bags opened; the bags appeared to contain what looked like boots"—The reference to Close's acquittal applied to a previous trial—the result was that the two parties were committed for trial.
Cross-examined by MR. RIBTON (with MR. ORRIDGE). Q. Do you know that Close pleaded guilty afterwards? A. I am not aware; I was not present at the trial—Everett was represented by an attorney, Mr. George Lewis—he examined Yates—I think he was committed on this charge on the 7th May—he was first brought before the Magistrate on 10th April, and he was remanded from time to time until 8th May, when he was finally committed—he had been previously committed on four different cases—this appears to have been the last case that was investigated—one of the charges was for receiving twenty-two skins of leather and 139 pairs of boots, which had been stolen in August from Mr. Skelton—that was the charge on which he was
found guilty—Yates was examined at great length in all the cases, and his wife in some of the cases; I think in three—this was the only case connected with property of Mr. Lyon.
BENJAMIN EVERETT (a prisoner). I was convicted in June last, and am undergoing a sentence of penal servitude—I now come from Millbank Penitentiary—I am forty-two years of age—seventeen or eighteen years ago I was prosecuted for an offence, and was found guilty; I did not plead guilty—I had a mother living at that time—a sentence of nine months was passed upon me—when I came out of prison my mother assisted me in starting in a business in Nichol-street, Church-street, Shoreditch—I remained there eight years—the business was that of a grocer, cheesemonger, and broker—I also carried on business as a paper-stainer, but not then; I commenced that seven years ago, and have carried it on simultaneously with the other business until I was taken into custody—I was married on 28th August, 1848. to my present wife—I was living with her up to the time of my being taken into custody—we kept a servant—I kept another shop in Nichol-street until February, fifteen months before I was taken—I have always been in the neighbourhood—during those seventeen or eighteen years I had saved some money—at the time I was taken into custody I had 2,600l. in my possession—that was not all the result of my eighteen years' savings; when I started, my start was 500l. I dare say; that was from my friends, my mother, and my sisters, and my brothers-in-law; they set me up in business and took the shop for me—my mother is still alive, but she is above eighty years of age, and infirm—I was at this Court when I was given into custody—I voluntarily came up—I had a subpoena—I was subpoenaed by Lewis Lambert, 311 K—that was on 7th April—I was not present when Yates was examined—I saw Lambert at the foot of the Court, in the street, and asked him what could be the meaning of leaving me the subpoena; I told him if he required me I should be over at the Beehive public-house—I remained there; he called me, and I came, conscious of my innocence—I came into the Court where the trial was; directly I put my foot in the Court I was taken into custody—I had been in the neighbourhood of the Court before the trial commenced: I came on purpose—I was taken into custody after Lambert called me, and said, "Make haste;" I don't know the hour of the day—I was taken to Fleet-street station for the night, and the following day to Guildhall—I was then put into the dock with a person whose name I now know to be Close—I had never seen that person before—the first case I heard of was a robbery from a person named Skelton, in Bow-road, but ultimately this case of Mr. Lyon was gone into—that was at the second or third hearing—it was imputed to me that I had received a quantity of property, and paid 33l. for it—I never paid 33l. or any sum of money whatever to Close and the prisoner.
Q. Did you on any morning see Close and the prisoner and a third person together, with any property? A. I never saw Close in my life that I am aware of—I never had any transaction in December in relation to a quantity of unmanufactured boots, nor at any time in my life—there is not one word of truth in Yates' statement from beginning to end.
Cross-examined by MR. RIBTON. Q. What was the offence of which you were found guilty in 1847? A. I was charged with being in company with a man who stole a purse—the words might be stealing or receiving, I can't say which, I don't know the difference—I was tried with a man who was charged with stealing a purse—I do not say I was found guilty of stealing it; you have it on the record—the matter happened
on London-bridge—no purse was ever produced, and no prosecutor was ever produced; the man always declared that he never stole it—the case was tried here, in this or one of the other courts—William White was the man who was tried with me; he was convicted and had the same sentence as I had—I was then shopman to my mother; she kept a shop at 13, Vine-street, and at 13, Oak-street, Spitalfields, thirty-five years, in the grocery and cheesemonger line—after having served my imprisonment, I married and was started in business—the start was worth 500l., or more than that, I dare say—my mother furnished the shop and stocked it well, which came to a good deal of money, and my brothers-in-law and my sisters gave me a very handsome present in money; I should say altogether 300l.; in fact, I got a little money from each of my sisters unknown to my brothers-in-law; my sister made me a present of 100l. unknown to her husband—my brother-in-law bought me some goods and some cheese—I had 300l. in money—my sister gave me 100l., I got 50l. from my brother-in-law, 100l. from my other sister and my other brother-in-law made me a present of 50l.—they are the exact sums—my sister that gave me the 100l. kept a cheesemonger's shop in Turk-street, Bethnal-green—she gave me the 100l. soon after I was married; three months after I came out of prison—I went in business directly I was married—I know she gave me the money without the knowledge of her husband, because she told me not to say anything to John about it—he assisted her in the business—he had vans and carts; he merely attended to the cart business; he carted coals, and went down to the ships—he and his son attended to the horses, and my sister attended to the cheesemongery, with assistants that she had—I can't say what was the rent of my sister's house; it was not a small shop—the other sister that gave me 100l. was named Wills—her husband was a shoefactor at 152, Brick-lane, Bethnal-green—it was not a small shop, a large one—she did not give me the 100l. without the knowledge of her husband; he knew of it—I knew that, because when she gave it to me at first she did not say anything about it, and afterwards when we were at a party it came out—she gave it at first without his knowledge—I can't say how long afterwards it was that she told him—he told me himself that he knew of it—he is not living now—he made the remark that he knew what Mary had given me—he did not tell me how he knew it—of course he could not have known it without she told him—at the time she gave it me she said, "Don't you say anything"—I did not think it extraordinary that she should have 100l. to dispose of without her husband's knowledge—she paid it me all in gold, 100 sovereigns—the name of my other sister who gave me 100l. was Arabella Collins—it was the husbands of those two sisters that gave me 50l. each—they did not give me the money after they had discovered that their wives had given me the 100l. each; it was before that: they thought that was all I did have—they gave me the 50l. in gold—my mother then stocked the shop for me—I had not been doing anything up to the time I was taken in custody, except assisting my mother—after I came out of prison of course I settled down and was married—I don't deny but my friends had given me money before; I dare say I had cost them some hundreds of pounds before my conviction—I wasted it, that is the truth, I am sorry to say so—it was after I had wasted it that I was taken up on the charge of stealing the purse—Wills was a shoefactor—he is dead—I suppose somebody is carrying on his business—his wife is—I do not know that some of the shoes that were taken from Mr. Lyons' were found at Wills'—I heard that they attempted to make a charge of the sort—I do not know that such a thing took place—I heard that it
was not the property—Mrs. Wills was taken before the Lord Mayor about it, and discharged; a charge was made against her of having on her establishment some of the property stolen from Mr. Lyons, and it was inquired into, and dismissed—I do not know that the boots and shoes found there were detained, although the charge was dismissed—I know nothing of the case—I had 2, 600l. at the time I was taken into custody—I was then living at 60, Sale-street, Bethnal-green—the rent of my house was 8s. 6d. a week—I was a weekly tenant because I expected to go into business again—I was looking out for a public-house—I was in the paper-staining business—I had a large factory at 3 1/2, Cross-street, Acre-street, Bethnal-green—I kept it several years—I had a partner in the factory; Mr. Kendrick, my brother-in-law—he is not living—he broke a blood-vessel at the time he swore the robbery against me—he was then living at 10, Metropolitan-street, I think it is called—I don't know the rent of his house—he had apartments in the Metropolitan Lodging-house—he occupied two rooms and a kitchen—he was at that time my partner—it was in that business that I realized a good deal of the 2,600l.—I don't know what he had realized—he did not have the opportunity of realizing what I did—his wife still lives in the same place—she has left the business—at his death I parted with it, and put it all in her hands—I carried it on till last December—I was carrying it on when Kendrick died, on 25th October—when he broke the blood-vessel I attended him, and during the interim I parted with the factory all to his wife, and she had the management and disposal of it; she did as she pleased—he gave me 50l. and cleared me—he had paid me a portion of what the expenses were before, and he gave me the residue; something like 23l. or 24l.—that was a settling—I realized a good share of the 2,600l. in that paper business—I only took 50l. from him when I gave it up—I did it more for the benefit of the widow.
COURT. Q. Who do you mean by "him"? A. Kendrick—I gave it up after he broke the blood-vessel—he found that he was dying.
MR. RIBTON. Q. Then while his life was in danger you gave it up for 50l.? A. Yes; I put it all in his wife's hands for her benefit—it was not so extremely profitable a business—I was not so well qualified for the business as Kendrick—he was the managing man—I don't know that his profits were greater than mine—I never knew that they were—I am not aware that he left his wife anything—he paid me the 50l. in gold; all gold—there were no boots and shoes seized at Kendrick's that were said to be stolen from Mr. Lyon's—Mrs. Kendrick was not taken into custody—she was never in custody in her life—her character is unimpeachable, and so was his—it was in April that I was subpoenaed to this Court—it was in the case of a man named Simpson—Lambert, 311 K, subpoenaed me—I had never known Simpson—I did not give evidence—they never meant me to give evidence—they only meant to entrap me—Simpson was convicted—I recollect seeing the prisoner's wife when I was attending here as a witness—I saw her over at the public-house, and I asked her what was the meaning of this subpoena to me—she said she knew nothing whatever about it—I had no conversation with her in reference to the trial; I swear that—I did not say to her, "You stick out, and go through your trial without rounding who had the jewel-case, and I shall trust to you now, and go and see Jack": nothing of the sort—I had no conversation with her in reference to this matter—I did not go before any judge—I made an affidavit by order of the Secretary of State—I have not the same attorney now who defended me at Guildhall—I have Mr. Smythe now—it was not at his suggestion that I made the affidavit; my friends suggested it—it was my
wife's suggestion and my own that they ought to be prosecuted; I have twenty people to swear I am innocent—I deny most solemnly being guilty of the offence of which I was convicted in June—the charge was of receiving twenty-two skins of leather, and 139 pairs of boots, the property of Mr. Skelton, knowing them to have been stolen—I heard Mr. Skelton examined, and Yates, and Mrs. Yates, she is always called—a person, named Ross, was also called—they must be indicted for perjury—Ross committed perjury—I shall most undoubtedly request the Secretary of State to indict him—when I was first asked about Yates I did not say that I knew nothing about him—I knew nothing of him in such affairs as these—I did not say that I knew nothing of him—I told Lambert that I did not know anything about him—I declared my innocence all along, if you look at the deposition—I told Lambert that I knew him, and that he had done work for me, and I had never known him in any other transaction—I am not aware that a person, named James Phillips, a bricklayer in Sale-street, was examined on my trial—I did not hear such a person, not in my case—oh, yes; Phillips, an ex-policeman, he did give evidence—I don't know whether he is to be indicted for perjury—I decline to answer that—his evidence was not true—I was not in the habit of going to Yates's house, 68, Wheeler-street—I have been there for my boots; not frequently in the month of June and July, 1862—I heard Phillips swear that he saw me there in July, two years ago; that he saw me come out of there—I heard him say that he had frequently seen me in June and July at Yates's house—that was not true—I recollect Lambert's taking me into custody in April—I heard him give evidence on the trial in June—when he took me he told me I was charged with buying boots, and shoes, and skins belonging to Mr. Skelton, of Bow-road where a burglary had been committed, to the value of about 50l.—I said I knew nothing about it—I did not afterwards say to him that if he could befriend me he was to do so; never; I swear that—I don't remember Lambert's asking me if I knew Simpson—he asked me if I knew Yates—I did not say, "No"—I said I had known Yates as doing my work for me—I did not say anything about Simpson—I remember going with Lambert next day in a cab to Guildhall—I did not then say to him that it was a bad job, and I hoped he would get me out of it—never; I swear that solemnly—nothing of the sort ever escaped my lips—I heard Lambert swear that I said I would sooner pay the prosecutor 100l. than he should appear against me, but I never did say so—he swore what was false—I don't know whether he is to be indicted—this will tell you how the case was got up—I don't remember his asking me afterwards if I knew Simpson—I certainly did not know him.
Q. Do you remember his saying this to you, "Simpson has told me that you are the biggest fence in London"? A. He did make an observation of that sort—my reply was that I never knew such a man, and I never did know him, and never saw him—Simpson never made any such assertion in my presence, or I would have contradicted it in a moment—when Lambert told me that Simpson had said so, I denied it, of course—I swear that—Inspector Bond was called at the trial—I believe he accompanied Lambert to the station when I was taken into custody—I did not say to him, "What will be the consequence, supposing I can turn it up"—I never used any words like that—he did not answer that if I could give him information that would lead to the recovery of the property he would take it, and act upon it—he did not say anything like that—I did not reply, "You had better see Mrs. Sheen, of Sale-street—I should like to see my wife first"—I will tell you what I did say, I asked to see my wife when they seized me
here in Court, and I told her it was a trap for me, and to get Mrs. Sheen to mind our place, and to go and see if she could fathom it out—I never addressed Bond at all—I asked to see my wife before I was locked up—I said it was a trap, and Bond knows it was a trap, because he arrested Yates on 9th December, and yet he brings him up to swear this robbery against me which took place on 18th December—I never said to Bond, "You had better see Mrs. Sheen, of Sale-street"—Mr. Montague Chambers defended me—there were several witnesses called for the defence, but half my witnesses were not called—Mr. Lewis was my attorney, I am sorry to say—he is a very good attorney, certainly—the Jury found me guilty: they could not help it: all my witnesses were up in the gallery, and were not called—I complain of that—Mr. Chambers, of course, did as he was instructed—after I had been found guilty, I pleaded guilty to the previous conviction in 1847—it was the truth I was telling, every word of truth—I did not withhold a word of truth—it was in October, or while Kendrick was lingering ill, that I sold the paper-business—he broke the bloodvessel on 21st August, and he died on 25th October—it was in October that I gave up the business—it was between the time he broke the bloodvessel and his death—between the time I gave up that business and my apprehension in April last I was doing nothing—I had sufficient means to live upon—I was living in the same place, in Sale-street—I never left it—I was not following any business—I was looking out for one—I thought of going in as a licensed victualler—the 2, 600l. I had was invested in the Consolidated Fund—I had two shops in Nichol-street—I lived there for fourteen years—while living there my house was not searched by the police—they called upon me, Mr. Evans did, in 1848—that was just after I had come out of prison—I was living in Nichol-street then—you will see by his evidence it was in 1847 that I was tried and had nine months—that would go somewhere into 1848—there was an interval between my coming out of prison and starting in business—it was in 1848 that Evans called—he was not authorized to search—I asked him to satisfy himself and look at my warehouse—he seemed to hesitate—if you call it searching, he looked over my bundles of goods—everything was labelled—I heard him swear that he was looking for some plate, but I will tell you what it was for—he asked me if anybody had left a half-pint pewter pot, and he magnified that into plate at the Court—the party was convicted, and had six months from Hicks's Hall.
MR. SERJEANT BALLANTINE. Q. Who was the officer that searched your premises for plate? A. Evans, of the G division—the plate turned out to be a half-pint pewter pot—that inquiry at my premises was made almost immediately I went there—I don't know that Evans was acquainted with the fact that I had been convicted, but I know it is the case that a conviction follows a man to his grave—the money I have is invested in the Funds—I invested it in regular rotation—Messrs. Carr and Moore are my brokers—I invested when I thought the Stocks were favourable—the first investment I had was 2, 500l.—that I invested in the Consolidated Fund—I went on increasing it—I should think I began to invest my money about two years after I was married—did I say I invested 2, 500l.?—I was in error—250l. was the first investment, about two years after I had commenced business—Moore and Carr, of 2, Exchange, were my brokers, and they have been my brokers ever since—I invested 50l. or 100l. by degrees, as I got it—I was not in the habit of keeping much ready money on the premises—I was very frugal in my mode of living, and my wife also, both in dress and living—we kept
no servant for the first five or six years—I won't say so long as that; but for the first start in business I and my wife did all our work ourselves—it was when I was actually in custody that Lambert said to me, "Simpson says you are the greatest fence in London"—I am not acquainted with Simpson—I had never known him up to that moment—I never kept the Shamrock public-house—I could have brought up the landlord to swear it—Phillips stated that he had seen me at Yates's house in July twelve months; that he was painting the place, and saw me coming out—that was not the case—he never saw me—I never went to Yates's house in my life without I went for a pair of boots—I have been for a pair of boots, but I never went to his house more than two or three times—no carpet was ever found at my place—nothing whatever—no property alleged to have been stolen was ever found at my place—Mrs. Kendrick has two girls—she is not one of the sisters who enabled me to start—I never knew anything of Skelton's robbery—the date of it was stated just now to be the 21st August—at that time I was living where I was when I was in custody—I was in partnership with Kendrick at that time—Kendrick was in a very bad state of health at that time—he broke a blood-vessel on 21st August—I was constantly with him after that time—I saw him every day—I sat up all night with him on Thursday, 21st August, 1862, and Friday, 22d.—when I was tried Mrs. Kendrick, her daughter, the nurse, and Mrs. Kendrick's sister were all called—Kendrick was then dead.
COURT. Q. Do you say that no carpet was at any time found at your house? A. No carpet was ever found at my house—I bought a carpet of him, as I stated here at the trial, not knowing it to be stolen—there was a carpet at my house, and there it has been-ever since, and never been removed—he said he bought it at a sale—it was never found at my house—Bond never applied at my house for my carpet—he swore here that he never did, but after he was here he made a statement—I bought it of Yates, and gave him 30s. for it—at the time I was subpoenaed here I saw Mrs. Yates at a public-house, and asked her why I was brought here—I asked her that question because it related to Yates's affair—it stated on my subpoena that it was in the case of Simpson—Yates's name did not appear—when the subpoena was left with me I was surprised and fearful what it was about, and they said it was one of those atrocious affairs of Yates—that was why I asked Mrs. Yates the meaning of it.
ANN EVERETT . I am the wife of Benjamin Everett, who has just been examined—I lived with him at 60, Sale-street, Bethnal-green—it is not true that on any morning in December last Yates came to our house, accompanied by two other persons named Close and Velveteen—it is not true that the prisoner, or either of those persons, came to our house driving a horse and cart any morning in December—it is not true that my husband in my presence bought from the prisoner, or either of those persons, in December, 1862, some boots and uppers—we had no servant at that time—I never saw any persons, named Close and Velveteen, at that time—I did not know them—during the whole of December neither of those three persons came to our house at all to my knowledge.
Cross-examined. Q. You were married in 1848, were you not? A. Yes—I was present when my husband was tried in June last—I was not in Court—my husband commenced business, I think, just three weeks after we were married—it was in the general line, grocer, cheesemonger, and part broker, at 39, New Nichol-street, Church-street, Shoreditch—I did not know at the time we were married that my husband had been convicted—I knew
nothing of him till between two and three months previous to our marriage—I was not aware of it till the trial—he had money to start in business, what his friends gave him—I can't say how much they gave him, but when we started in business it was valued at 550l.—his sister gave him 100l., and his brother-in-law gave him 50l., and another sister gave him 100l., and his brother-in-law, unbeknown to his sister, gave him 50l.—he did not tell me all that, I knew it—I was his wife; of course he told me—I knew it from seeing the money paid to him—I saw it paid, not all; I saw 100l.—I saw a great deal of money—it is so, long ago, I can't say how much—I saw 100l. paid to him at one time by his sister, Mrs. Collins—it was paid in gold and notes—I don't know how much gold—I did not notice how many notes, it is so long ago—I did notice some notes; I can't say how much gold—I don't remember seeing the other sums paid—I heard of it from his friends; I heard it from his sister—she told me that she had given it him—that was the sister that paid him the 100l. in my presence, the others told me, and they said we ought to do well now we had got a good start—Mr. Collins told me he had given him money to start him—he gave him 50l.—I did not see that paid—he did not tell me what it was paid in—we were eight years in the first business; we did pretty well in it; we made a little money there, not a good deal, it was pretty well—I can't say how much we had saved when we left the place, we had saved some, I don't know how much—it was placed in the funds—after that, we went to 51, Old Nichol-street, Church-street, in the same line—we remained there six years—we then went to the house we are at present living in—we have not been carrying on any business there—my husband was in the paper-staining business—he gave that up at his partner's death in October, we have not been doing any business since—I recollect the police coming in reference to a carpet; no, he never asked for a carpet, he might have seen a carpet, he never asked for it—when he came on a second occasion it had not been removed; if it had been removed it was to be cleaned, or for the room to be cleaned—I can't say it had never been removed; I have had carpets on my floor and have had them removed—it had not been removed from any cause—the floor might have been bare when he called or it might have been covered—I don't know whether it had been on the floor; I can't say whether it had been removed—he never asked for any carpet—I know Yates—he has been to our house, not very often—I have known him about four or five years—he has been to my shop—he used to deal at my shop, that was the way I knew him, and he used to make boots and shoes for my family—I used not to go to his place—I recollect when my husband was taken to Guildhall—I saw Mrs. Yates about that time—I saw her several times—I did not offer her any money; that I swear.
Q. Did you say this to her, "If you do the best you can, you and your children shall never want?" A. If she told the truth, I told her they never should; if she spoke the truth she could clear my husband.
COURT. Q. Did you say that she and her children should never want? A. No; I said if she told the truth they never should.
MR. RIBTON. Q. Was any one present where this passed? A. Not that I know of—I had not before that offered her a sovereign—I never offered her any money at all, I only pressed upon her to speak the truth and she would clear my husband—I never said anything to her about any silk—I did not say to her, "If you say anything about the roll of silk, the dressingcase, or any of the things, my husband will share the same fate as Simpson"; nothing of the sort—I have heard the name of Simpson since my husband has been where he is—I never saw him in my life—I only saw Mrs. Yates
when she was going to give evidence against my husband—I never saw her after he had been committed for trial—I attended here at his trial—I was here with him when he attended on his subpoena in April—I don't know whether he instructed counsel to watch over his case on that, occasion.
MR. SERJEANT BALLANTINE. Q. I suppose you were comparatively young at the time you were married? A. Sixteen—my parents were cloth-workers in the neighbourhood—I have never seen property of the description mentioned at my husband's house—I have not got the carpet in my possession now; I could get it—since my husband has been away I have been obligated to let part of my house, and I have parted with the carpet.
COURT to BENJAMIN EVERETT. Q. When you were subpoenaed as a witness did you instruct any counsel to appear on your behalf to watch over your interests? A. Yes; when I came here I inquired of Lambert what was the meaning of having me here, and he said, "Why, there is going to be a charge made against you for receiving some goods," and I said, "If that is the case I will have a learned man to protect me," and I saw a man who, I suppose, was an assistant to an attorney about the Court, and he ran and got me a gentleman; I do not know who it was.
Q. I understood you to say before, that you had no idea of any charge against you until you were brought into court? A. I had no idea till I saw Lambert—the case was not over when Lambert came to me, they were trying Simpson then—I was taken into custody directly I came in—I did not instruct counsel to appear for me till Lambert told me there was going to be a charge against me—I did not know that any charge was going to be made against me—this was actually while the trial was going on—they came and told me "You are being brought into this"—that was some one who runs about for witnesses—that was before the case was decided—Lambert told me afterwards, as I came up the stairs—it was a few minutes after I was told this, that Lambert came and told me to come into Court—no time had elapsed—there was nothing drawn up—I gave the man two guineas, and half-a-crown for himself, and said, "Get me some gentleman to look after it"—I gave no brief and saw no gentleman—I believe they did employ a gentleman, because there was a gentleman there that seemed to take my behalf, but I do not know his name—it was not the person to whom I gave the money that made the first communication to me—they brought me an elderly gentleman, I should know him again, and I gave him two guineas, and he said, "I will employ a gentleman for you"—I can't recollect exactly whether I had seen Lambert before paying the money, for when I heard the news I was upset, but when Lambert came over for me I was instantly taken into custody, directly I came into Court—it was before Lambert came to me that I gave the money.
SAMUEL MYERS . In December last, I was in the employment of Mr. Samuel Emanuel Lyon, a boot and shoe maker of Sun-street, Bishopsgate—on the night of 17th December, I slept on the premises—before retiring to rest I locked the doors safely—I arose between a quarter to 7 and 7 in the morning—I found the street-door ajar and the shop-door wide open—I did not miss any property at that time—I went to fetch Mr. Lyon from his private house—it was then discovered that property had been taken away; uppers and elastics, a large quantity of unmanufactured goods.
Cross-examined. Q. Were they wholly unmanufactured? A. I believe so, Mr. Lyon will tell you.
worth of property stolen—I had had no burglary committed on those premises before—seven, eight, or it may be ten years ago, some things were hooked off the lines in the night time, but that was not a burglary; there had been no robbery of any considerable amount of property—we have suffered losses from pilfering, we suppose, to the extent of about 200l. in about two years—that was done by our errand boy Charles Close, and he has had three years for it—the bulk of the goods stolen at the time of the burglary on 18th December, were unmanufactured goods, uppers and elastics, there may have been a few manufactured goods—the other losses that extended over the two years were of manufactured goods.
Cross-examined. Q. When was it before the burglary that you lost property? A. Our errand-boy had been robbing us for about two years, up to the time of his conviction, which was a few weeks after 18th December—we attribute the whole of that pilfering to him—we have lost no other property, that we know of—the property he took did not consist of uppers, but of manufactured goods, boots and shoes—we cannot tell how many we had lost within a twelve-month.
ABRAHAM BITTAN . I am a general dealer, and live at 1, White's-row, Spitalfields—in April last I was subpoenaed on the trial of John Odin Simpson, on the part of the prosecution—I was standing in the waiting-room of this Court, and saw the prisoner Yates—no one was with him when I first went into the waiting-room, except the officers and a few other persons—after I and my brother-in-law had been there a-few minutes, I shook hands with Yates, and asked him how he was—I had known him—I was living upstairs with a man he used to work for, Mr. Lewis—I saw his wife come to him—I had known her—I was sitting at the other side of him; he was in the middle, and his wife on the other side of him—when she first came in, she shook hands with him and kissed him, and asked how he was—he said, "Quite well," and asked how the children were—after sitting there two or three minutes, she said, "Don't fret, Jack; I am going to be put into a shop"—after that, she said, "Jack, I am going to put Ben Everett in for it"—he said, "What for?"—she said, "About Lyon and Skelton's concern"—she then asked me if I would step on one side for a few minutes—I told my brother-in-law Isaac Martin to come on one side for a few minutes, and I moved towards the door, and left them talking together for about ten minutes or a quarter of an hour—I was not within hearing distance, nor was anybody—the two officers were about two or the yards from them—on the Thursday night after Simpson's trial, I and Mrs. Yates, my servant Annie, and Baldwin, were together in the parlour opposite the Old Bailey—Yates was not present, he was in custody—on the following morning I was at the Guildhall justice room—I only went there with my servant; it was our Passover time—my servant had to go there as a witness—I don't know what case it was in; the Judge told her to be there next morning—I saw Yates there and his wife, she sat on one side of him and I on the other, and she said to him, "Jack, I have asked Mr. Bittan to say that he had a conversation along with Ben Everett, and he won't"—Yates said, "Well, if he won't, he knows best"—Mrs. Yates had asked me to say something—I had another conversation on the Thursday when I went to Guildhall after my servant—it was the first Thursday in May, when Everett and Yates were at Guildhall—my servant Annie was there, and had the baby with her—I wished Yates good-bye, and as I was by the door he called me back, and said, Don't you tell any one what Jane wanted you to say about Ben Everett."
ISAAC MARTIN . I am a glass-traveller—I work for myself—I am a relation of the last witness—I was present with him at the Old Bailey when Yates and his wife were there—I was near enough to hear what passed—she said, "Jack, I am going to put Ben Everett into it"—he said, "What about?"—she said, "About Lyon and Skelton's concern"—she then said to Mr. Bittan, "Will you be so kind as to step on one side for a few minutes?" which we did, and they were speaking by their two selves together for about ten minutes or a quarter of an hour.
MARY BITTAN . I was present with my husband and servant at Guildhall on 7th May—Yates called my husband back as he was at the door, and said, "Don't you tell any one what Jane wanted you to say about Ben Everett"—I heard that.
Cross-examined. Q. What brought you here? A. I was subpoenaed by the solicitor—I came up to speak about the servant coming up here on Everett's trial; I was one of his witnesses—I went to Guildhall to give the baby the neck—the servant was there all day—Mrs. Yates came to my place to fetch her—she had the baby with her, and I went to suckle it as my neck hurt me—I am not a friend of Mrs. Everett's—I don't know any of them, Yates or Everett.
COURT. Q. What is the name of your servant? A. Anne Halton—she was subpoenaed to Guildhall.
CHARLES MAYNARD . I am one of the officers of Horsemonger-lane Gaol—on 9th December last, the prisoner was in my custody; he was brought in on the 9th, from the Lambeth Police-court—he was remanded from the 9th to 30th December without bail, when he was removed to Newgate—I believe I conveyed him to Newgate.
JOHN KEENE . I am governor of Horsemonger-land Gaol—the prisoner was confided to my care from 9th December, and retained in my custody without bail until he was sent to Newgate—he was committed on 9th December—there were two or three remands, and ultimately he was fully committed, and was sent by me to Newgate—he was without bail during the whole of that time.
MR. RIBTON to ABRAHAM BITTAN. Q. Were you a witness on the trial of Simpson at the April Session? A. I gave evidence—he was tried for a robbery from Mr. Skelton—he was found guilty and sentenced to penal servitude for life—Yates was called as a witness—Everett was ordered into custody by the Judge on the same day.
MR. BALLANTINE. Q. Were you a witness for the prosecution on that occasion? A. Yes; I was forced up there—I was taken on a warrant to the Thames Police-court, and obliged to give evidence—I did not wish to come, if I could have helped it.
COURT to BENJAMIN EVERETT. Q. In the month of January or February, do you remember the police coming to your place? A. Yes, Inspector Bond—he then made some inquiry of me about a Coromandel dressing-case—he represented to me then that he had received information from Yates on the subject—I was aware, as far back as January or February, that Yates had given information respecting me.
NOT GUILTY .
MICHAEL DONOVAN . I am a labourer, and live at 14, William-street, Fulham—on 22d October I went to the prisoner's house—I had known him for some time—he was my godfather—I went with him and his wife to the
Mogul Tavern, in Drury-lane—before that I pawned a coat to lend him 4s.—I asked his wife to have some drink—the prisoner gave her a kick on the shins—I asked him was he mad, or what ailed him—I got ashamed, and left the private bar, and came out—I met him about five minutes afterwards, and asked him for the ticket of my coat, as I should be going home—we went up stairs to fetch it—he followed me down stairs—my wife was outside in the street, and he came out after me, and abused me and my wife—he followed me under an archway, came over right me, and stared me up in the face, and abused me—I said, "Go away from me, I want nothing at all to do with you; "shoving him away—he came in at me again directly, stood over right me, drew a knife out, and stabbed me in the eye—it cut my eye open there and then—my eye is quite gone—I struck out and hit him, and knocked him down, and then I fell, and somehow or other he rolled a-top of me, and he stabbed me in the arm—a lot of chaps came up, and pulled him off me—he saw my eye bleeding, and the sight running down with the blood—he ran away up Drury-lane—his wife knocked me about most fearfully—they got me upstairs in their place for fear the police should hear of it, and there I lay bleeding nearly to death—the prisoner came to me again with a candle and a knife in his hand—I was afraid he would cut my throat, and I got up and went to the door—he made several stabs at me, but did not touch me again with the knife—I lay there in fits all night and for two days after he deserted the house, with no one to give me even a drink of water, and not twopence in my pocket—at last, I wrote a letter to a woman and gave it to the prisoner's child to post, and she came and took me to the hospital.
Prisoner. Q. On 22d October did you not come to my place? A. Yes—I did not tell you I was on the spree, or on the drink—we had no rum after pawning the coat; we had beer—I did not get cross and drunk—when we got outside I told you if you would not go away I would kick you—I did not invite you out; you followed me and drew me from my work—I got the ticket for the coat from you that night—I did not kick you twice when you were down—after this I stopped with your wife till Monday, because I could not get away—you and your wife did not go to the hospital with me; not for my good—you told me to get a glass eye, and no one would know it—you did go to the hospital with me; one was before, and the other behind your wife brought me three pennyworth of apples there, but I could not make use of them—when I came out of the hospital I went to your house, and remained for a day or so, as I had no friend in London—I had a cup of tea with you—I stayed two days with you, and had my meals there, but it was not your money that bought it; it was all my earnings.
JABEZ HOGG . I am a surgeon, of 1, Bedford-square—On 26th October the prosecutor came to the hospital; he was suffering from loss of blood, and had been lately labouring under the influence of drink—his eye was then hanging on his cheek, and erysepital inflammation was threatening to set in—I removed the string of the eye—he had a very severe illness; his life was in great danger for some days—the wound had been inflicted by a knife or some sharp instrument—the hard substance of the cornia was cut right through; it could not have been done by a fall; it must have been by a sharp instrument—he has completely lost that eye, and the sight of the other is seriously injured by sympathy—I remember the prisoner coming to the hospital with the prosecutor—he seemed to be his friend; there did not seem to be any unfriendly feeling on his part—he seemed to be anxious about his welfare, and I believe went up into the ward with him, and was
anxious to stand by him while I was performing the operation, but that I did not allow.
RICHARD FOLDRY . I am a costermonger, of King-street, Drury-lane—on the night of 22d. October I was in Drury-lane, and saw the prisoner and prosecutor lying in the road—the prosecutor was on the flat of his back and the prisoner a-top of him—a lot of chaps were standing round; they pulled the prisoner off, and when the prosecutor got up his eye was bleeding and the sight running down his eye—the prisoner ran up as far as Short's-gardens—the chaps looked for a policeman to give him in charge, but could not find one.
Prisoner. Q. Did you see me with a knife or any weapon? A. No.
HENRY HAMBLING (Policeman, F 49). I apprehended the prisoner on 18th November—I read the warrant to him for assaulting and stabbing the prosecutor—he said the prosecutor had had a fit, that he was Very drunk at the time, and recollected nothing about it.
GUILTY of unlawfully wounding. — Confined Twelve Months.
MR. ORRIDGE conducted the Prosecution.
CHARLES BAKER . I am one of the detectives of the City police—on 9th November, about 1 o'clock, I was at the corner of Garlick-hill—I saw the prisoner coming along from Whitefriars, towards Trinity-lane—he was alone—I was in company with two gentlemen—I knew the prisoner by sight—when he came up to me I caught hold of his collar, and said, "Halloa, what have you got about you?"—he said, "Nothing"—I said, "If you have not got anything you have no objection to my searching you"—he said he had nothing—I called a gentleman to hold him, put my left hand into his right trousers' pocket, and pulled out this gold watch—I said, "Do you call this nothing?"—he made no answer—I took him to Bow-lane station, and charged him with the unlawful possession of the watch—it had been broken off at the swivel—he refused his address—he did not say at that time how he became possessed of the watch, but in going to the Mansion-house next morning he said he had picked it up and was going to take it to the station.
Cross-examined by MR. BESLEY. Q. Had you seen the prisoner before that day? A. I had not.
THOMAS DAY . I am a coal-merchant, and live at Hammersmith, this is my watch—I had it in my possession on 9th November—I lost it about a quarter to 1 that day in Cannon-street, at the time the Lord Mayor's show was passing—I was pushed from behind by three or four persons—I turned round and saw some one resembling the prisoner rush into the crowd—I lost sight of him—I found my watch was gone, and the chain hanging loose—I gave information at the police-station, and in about an hour afterwards I saw my watch in the possession of the police—I had other property in my pocket, and was taking care of that.
Cross-examined. Q. Can you tell me the name of the maker of the watch? A. Yes, and the number—I did not know the number before I went to the police; I got the number from the maker who had repaired it a fortnight before.—
GUILTY . The prisoner
PLEADED GUILTY to a further charge of having been before convicted at this Court, by the name of James Allen, of larceny from the person, when he was sentenced to four years' penal servitude. The officer stated that at that time there were three previous convictions against him, and that he had been for twelve years the associate of thieves.
Six Years' Penal Servitude.
WILLIAM JARVIS (City-policeman, 81). On the morning of 31st October I was on duty in Holborn—I observed a Hansom cab drive up with the prisoner and prosecutor in it—the prisoner alighted and the prosecutor got out—he appeared in a state of stupor, as if he had been sleeping in the cab—his coat was all open, and his watchguard hanging loose—I said to him, "Have you lost anything? I think you have lost your watch"—he said, "Have I?"—I immediately turned round to the prisoner, and said, "You have got his watch "—she said, "No, I have not"—I said, "You have"—I took hold of her right hand with my left—she said, "He is a friend of mine; you are mistaken"—she was about to do something with her left—I let go of her right hand and took hold of her left, and in struggling I put my hand on her bosom or right shoulder, and there felt the watch—I said, "You have got it now; give it up;" and my hand with hers took the watch from the upper part of her dress—I took her in charge, and took her to the station—she there said that the prosecutor had given it to her—I found 9 1/2 d. on her.
Cross-examined by MR. DALEY. Q. Did the prosecutor seem drunk? A. Yes, quite insensible—after the prisoner saw I was determined not to leave her, she said, "I have got the watch"—she did not say that a friend of the prosecutor's gave it her to take care of; she said so at the station—the prosecutor did not want to charge her.
Cross-examined. Q. I believe you do not recollect anything that occurred in the cab? A. No—I have no desire to press this case.
GUILTY.— Recommended to mercy by Prosecutor and Jury. The officer stated that nothing was known against the prisoner, and that her parents were most industrious persons, in service at Brighton.—Judgment respited.
29. WILLIAM EDWARDS (30), GEORGE CLARK (27), and THOMAS WARNE (24) , to a burglary in the dwelling-house of William Valentine Burgess, in the night of 31st October, at Hackney, and stealing 1 thimble, and other goods, his property, Warne having been before convicted.— [Pleaded guilty: see original trial image.] Six Years' Penal Servitude each. The prisoners had all been repeatedly in Custody.
NEW COURT.—Tuesday, December 1st, 1863.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
of cheese—he tendered a shilling—I kept it in my left hand, and gave him the change—before he left I saw that it was bad, and said, "You have given me a bad shilling"—he ran away towards the Watford-road—I ran after him, but could not catch him—I broke the shilling easily in the detector, and threw it into the fire—I did not watch it melt.
JOHN TRIMBEY . I am a tobacconist, of 307, Fulham-road—on 7th November, between 5 and 6 in the evening, Summers came and asked for 1/2 oz. of common shag, which came to 1 1/2 d.—he gave me a shilling; I gave him sixpence, four pence, and a half-penny, and he left—I put the shilling on the counter—my wife said something about it, and I put it on one side, and afterwards gave it to Potter—I marked it, and am sure this is the same (produced)—this the paper in which I sold him the tobacco; it has my name on it.
Summers. I deny being there.
AMELIA MORTIMER . I am the wife of George Mortimer, of 10, Church-street, Chelsea, a baker—on 10th November Summers came for a penny loaf, and gave me a bad shilling—I chopped it in half with a knife, and told it was fortunate for him no one was there, or he would not have got away so easily—he took up half of the shilling which flew to him, and ran away—this is the other half—I saw my husband give it to the policeman.
Summers. I was not not there.
JAMES MCQUEEN (Policeman, V 363). On 7th November I was on duty in King's-road, Fulham, and saw the prisoners in company with one another at 1 o'clock in the morning, walking and talking together—I followed them, but lost sight of them—about 5 o'clock I saw them all three coming from Fulham towards London—coming back from Sand's-end, I followed them—Summers went into Stewart's, the baker's shop, while the other waited outside—he came out, and joined them—they went on, and I followed them to a tobacconist's shop, Mr. Trimbey's, Fulham-road—Summers went in, and the other went on ten yards, and waited—Summers came out, and joined them—the three went on, and I followed them to a tobacconist's shop near the Queen's Elms—Summers went in, and the other two waited on the opposite side—he joined them again, and I followed them to Mrs. Mortimer's—Summers went in, and the other two waited on the other side—Summers came out sharply, crossed the road, joined them, and they walked very fast to the end of Church-street, a distance of fifty or sixty yards—I did not lose sight of them—Mrs. Mortimer spoke to me, and I went after them—they turned round, and saw me—I took the prisoners, and the third man ran away—we had a struggle, and Summers got away—I took Brien into a shop, searched him, and found a purse containing one shilling, eight sixpences, ten fourpenny-pieces, five threepenny-pieces, three half-pence in copper, and four counterfeit shillings—I searched him further at the station, and found ¼ oz. of tobacco, with Mr. Trimbey's name on it, two penny and two halfpenny loaves—on 13th November which was the Friday following, I was on plain clothes duty at Brompton, and as I passed through a court I saw Summers and another man pass the bottom of the court—Summers looked up the court, saw me, and they both ran away—I overtook Summers, and paid, "I am a policeman; I want you for uttering counterfeit coin last Saturday night; you are the man who escaped out of my custody"—he made no reply—it was about 1 o'clock—I took him to the station, searched him, and found some tobacco, one shilling, two sixpences, a threepenny-piece, and 6 1/2 d. in copper, good money, but six bad shillings were found
in Mrs. Darby's shop, outside which I apprehended him, on 13th, which had been thrown in—they were handed to the inspector.
Brien. Q. When I was taken to the station, did not you take off your back, and make me take off my trousers, and boots, and my coat, and be searched. A. We compelled you to do so—I took off my belt because I was rather hot running after you—when I took your coat off, you said, "Perhaps you will want my trousers off"—I said, "By all means."
Summers. Q. Did not you place irons on me? A. Yes; you had no opportunity of throwing anything into the shop after that.
MR. CRAUFURD. Q. Where did you overtake him? A. Outside Mr. Darby's shop—he could have thrown anything in before I came up, while I was coming out of the court—I saw the other man run past the shop also—he was a hundred yards ahead when I took Summers—when his trousers were being taken off he dropped something.
ANN GENTLE . I am six years old, and live with my parents at 8, North-street—on Friday, 13th November, between 1 and 2 o'clock, I found these five shillings (produced), wrapped separately in paper, in the passage of Mrs. Darby's house, who lives next door but one to us—I took them in to Mrs. Darby's—I afterwards went to the station, and saw my father give them to Tarlton, the policeman.
JOHN MARSHALL (Policeman, V 12). I was on duty at the station when Brien was brought in, and saw McQueen take part of his clothes off—I heard a shilling fall from the bottom of his trousers, which were turned up—I picked it up, and marked it—this is it.
Brien. Q. Did not you say at the police-court that the shilling dropped from my trousers while the constable was taking off my boots? No; you were stooping down to take off your boots when the shilling dropped.
Brien. It dropped out of my left-hand trousers' pocket. Witness. I saw it drop from the bottom of your trousers—I was watching you while you were being searched—I did not touch your trousers, or rub them down each leg—McQueen searched all your clothes.
WILLIAM WEBSTER . This shilling is bad; the date is 1858—this other is part of a bad shilling of 1858 from the same mould—the four found on Brien are bad; they are of 1857, and all from one mould—this shilling which fell from Brien when he was searched is bad—it is of 1858, and from the same mould as the first and the fragment—these five shillings wrapped in paper are bad, three of them are of 1855, and from the same mould as the others of 1855—the other three are one of 1856, and two of 1857, from different moulds, one of which is from the same mould as three of the former four of 1857.
Brien's Defence. I was in Fulham on the day I was taken. I got gambling and won 9s. or 10s. I bought the bread of one of the men, but would not buy the tobacco. The bad money was mixed with the good. I had not the slightest knowledge that it was bad. I thought the constable was going to take me for tossing. I did not make the least attempt to get away.
Summer's Defence. He was never tossing with me.
GUILTY .— Confined Fifteen Months each :
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
WILLIAM WARNES (Police-sergeant, S 19). I produce a certificate of the conviction of Margaret Kelly last sessions (MR. METCALFE objected to this being read, and contended that the Record itself, or a certified copy must be produced.
MR. POLAND submitted that the 14 & 15 Vic chap. 100, sec. 22, made the certificate, evidence in a case of perjury, but before the case concluded he would have the original minutes and the Indictment produced.)
ALEXANDER BUCKLER . I am shorthand writer here, and take notes of the evidence—I was present on Tuesday, 27th October, when Margaret Kelly was tried—the defendant Sarah Thomas gave evidence.—I have the original notes here (Read, see vol. 58, page 641).
WILLIAM WARNE (re-examined). I was police-constable in the case when Margaret Kelly was tried, and was in Court when Sarah Thomas gave evidence for the defence—she was sworn in the usual way—I received this florin (produced) from Sarah Marsh, and produced it in Court on the last occasion.
HARRIETT MARSH . I am barmaid at the Marquis of Hastings, in Castleton-street, Somers-town—on Thursday evening, 24th September, Margaret Kelly, a person who was tried here last session, came to the bar with the present prisoner, Thomas—Kelly called for some gin and beer, and I served her—a florin was given in payment by Kelly—I put it into the till, gave Kelly the change, and they both went away together—after that my sister took the florin out of the till and showed it to me—I examined it, and found it was bad—it was put on one side, and afterwards given to the constable—I am quite sure it was Mrs. Kelly—who gave me the florin, and not the prisoner—it was between 9 and 10 in the evening—I was serving in the bar that night from between 4 and 5 up to about 12 o'clock—Kelly and the prisoner were only there once that night—I was examined as a witness on Margaret Kelly's trial, and I then said that she was the person who gave me the florin.
Cross-examined by MR. METCALFE. Q. What time do you say this was? A. Between 9 and 10 in the evening, not between 8 and 9; it was after 9—I did not look at the clock at the time, but I know it was after 9—I should think it was about half-past 9—I don't think I said anything about the prisoner being in the house with Mrs. Kelly until she gave her evidence I was recalled—I had seen Mrs. Thomas once or twice before—I knew her by sight, but I did not say a word about her coming with Kelly on that night—my sister Sarah was present in the bar when they came—the bar is not divided into compartments behind—there are three compartments in the front, where the customers stand—we were not at all busy—I don't think my sister was serving anybody—she was close by my side—she was walking by me at the time, I think—I think that is what she was doing—I have not talked it over with her since—we were not taken before the Magistrate after the Judge here ordered these proceedings—I have not talked to my sister concerning where she was, in the bar—I know she saw the prisoner because she passed some remark which caused her to look at the time—she made some remark in consequence of which I looked at the florin—I don't think there was any other remark made—that was after Kelly and the prisoner had left—about a minute and a half afterwards, not more—Mr. Cubitt was not there, he was out of town at the time—he returned late on the Friday night, the day Kelly was given into custody—I did not tell Mr. Cubitt that it was this woman who handed the florin; I said it was Mrs.
Kelly—I have not heard Mr. Cubitt say that I told him it was this woman—he is not here—he was not here at all last session—he is the landlord of the public-house.
MR. POLAND. Q. You were examined here on the last occasion, and I suppose you were asked questions by the Counsel? A. Yes; two or three questions, I think—the only person then on her trial was Margaret Kelly—I knew Sarah Thomas was in Court then.
COURT. Q. When you were examined do you mean? A. Yes; because I saw her—I never said that Thomas gave me the florin, and not Kelly—I am quite sure that Kelly was the person—they came in together—I did not see who opened the door first—they both stood together at the bar, and I saw them talk together—I am not sure which took the beer or the gin—they both went out together—I think I mentioned Mrs. Thomas as being with Kelly when I went to Clerkenwell, but I don't think I did here.
SARAH MARSH . I am sister to the last witness—on Thursday 24th September, I was serving in the bar at the Marquis of Hastings—I remember Margaret Kelly, who was tried here last session—I saw her at the bar between 9 and 10, I think—Mrs. Thomas, the prisoner, was with her—I saw my sister serve them with some gin and beer—it was paid for with a two-shilling piece, which was given by Mrs. Kelly—my sister put it in the till, and Thomas and Kelly then left—not more than two or three minutes after they left I went to the till—this two-shilling piece was in it, and one or two sixpences, no other two-shilling piece—I took it out, showed it to my sister, and marked it, and it was afterwards given to the constable—I was at the bar that night from 5 o'clock till when we closed the house—Kelly and Thomas were not at the bar more than once—I am quite positive it was Kelly who gave my sister the two-shilling piece.
Cross-examined. You did not say anything, when you were examined here before, about Mrs. Thomas at all, did you? A. No; I was not asked—I only spoke of Mrs. Kelly—I was in the bar by the side of my sister when they came in—I was serving a person at the time—I have another sister, she was in the bar at the time—she is not here—she was the only other person in the bar—we have no barman—I was not walking about behind my sister—I was standing by her—I am quite positive of that—it was between 9 and 10—I should think it was about half past 9—I am quite sure it was past 9—I looked at the clock—I could not tell to a minute or two what time it was—it was between 9 and 10; I am quite sure it was not between 8 and 9—I have not been talking this matter over with my sister at all—I did not tell her what I was going to say; I have not talked to her at all about it—I could not say whether I have mentioned it or not—we have not talked about the time and where I was standing, and so on—I did not know what she was going to say—of course I have talked to Mr. Cubitt about it—I told him that it was Mrs. Kelly who gave the florin—I knew her name then—I first knew it at the police-court—Mr. Cubitt was not home before that—he came home between 1 and 2 on the Saturday morning—I did not see him that night—I saw him before I went to the police-court—I did not, before I went there, say that it was not the woman who was in custody, but the other woman who handed the florin.
MR. POLAND. Q. I suppose at Kelly's trial you were examined by Counsel in the usual way? A. Yes; I was asked questions—I was not asked any questions about Thomas at all—I was not asked who gave the florin, because at that time nothing was said about Thomas—I don't know whether or not I was asked who gave the florin.
HENRY AVORY . I am clerk of the Central Criminal Court—I produce an indictment from the records of the Court, against a person named Margaret Kelly—I did not write out the certificate of the trial and conviction of Margaret Kelly—I signed it, it having been brought before me in the usual course, examined by two clerks in the office—I have the minute-book here. MR. METCALFE. I object to the minute-book and the indictment; I apprehend we must have a copy of the Record made up. Witness. These are the materials which make up the Record, and it was held in the case of the Queen v. Newman (see "Crown Cases Reserved," Vol. II. page 390), to be sufficient that if the materials upon which the Record could be made up were in the Court, they were evidence just the same as the Record itself.
MR. POLAND. Q. Do you produce a minute-book containing an account of the trial of Margaret Kelly upon that indictment; Yes; I do—the session commenced on Monday, 26th October—she was tried on Tuesday 27th, convicted, and sentenced to two years imprisonment, and hard labour—the indictment was for uttering a counterfeit florin to Harriett Marsh, on 24th September, and within ten days, namely, on 25th September, uttering a counterfeit half-crown to the same person.
MR. METCALFE submitted that the two allegations of perjury in the indictment were not made out; the first was as to the time, the hour mentioned in the indictment was between 8 and 9, and the witnesses had said it was between 9 and 10; as to the second point as to who gave the money, he submitted that as the prisoner and Kelly were together, it was immaterial who gave the coin.
THECOURT considered that to as the second point, which was the important one, if the two women had both been charged it would not have been material who passed the coin, but no charge having been preferred against the prisoner, it made all the difference, and the case must go to the Jury.
The prisoner received a good character.— NOT GUILTY .
MR. DALEY conducted the Prosecution.
GEORGE ARNOLD PERRING . I am an officer in the 18th Huzzars, quartered at Ipswich, and live at 26, Sussex-square, Hyde-park—on 9th November, about half-past 12, I was in King William-street, and from something that a bystander said I looked down and saw my watch hanging—it appeared to be falling from the prisoner's hand—the chain was still attached to my waistcoat—I gave the prisoner in custody—this was in a crowd—my watch had been in my left waistcoat-pocket.
RICHARD JACKSON . I am a clerk, and reside at 14, Mark-lane—on 9th November, I saw the prisoner in King William-street with Mr. Perrings watch in his hand, trying to break the chain—I told Mr. Perring, and the prisoner was given in custody—he dropped it when I spoke, and it dangled.
EDWARD COSSUNS (City-policeman, 590). On 9th November, the prisoner was given into my custody—he gave his address 30, Ivy-lane, Hoxton, but there is no such number—I inquired at 30, Ivy-street, and he was not known there.
GUILTY .**— Confined Twelve Months.
MR. COLLINS conducted the Prosecution.
on 22d November, about half-past 5 o'clock, I was with my sister in Holborn—I had a chain round my neck with a locket to it worth 3l. 10s.—the prisoner pulled my chain and broke it—I heard it begin to crack—I held him, called police, and gave him in custody.
Prisoner. We were going for a walk, and one of the boys pushed me against the young lady, and I tumbled and my hand caught the chain—I did not intend to steal it. Witness. There were a lot of boys bigger than him, but he was not pushed against me, nor did he slip against me; he ran to me and caught hold of the chain—there was no slipping at all.
RICHARD PEACOCK . I am head porter of Furnival's-inn—on 22d November, I was at Gray's-inn, and saw the prosecutrix and her sister—I saw the prisoner with three others, two of them were much bigger boys, eighteen or nineteen years old, about two yards before me—their conduct attracted my attention and I watched them—I heard the prosecutrix call out "Police!"—I collared the prisoner—I saw him have hold of her—she came from near the boys on the kerb—they were close up to her before—I saw the prisoner laying hold of her arm—he struggled very much—not one of the others would assist me—I gave him in charge.
THOMAS STEPHENS WOOTTON (Policeman, E 161). On 22d November, I was on duty in Gray's-inn-lane; I go into Holborn—I saw the prisoner between Gray's-inn-gate and Gray's-inn-lane—Peacock was holding him and gave him in custody.
Prisoner's Defence. I am innocent of it.
GUILTY .†— Confined Four Months.
PLEADED GUILTY to stealing a watch from the person of Fritz Christ. Confined Six Months ; and
OLD COURT.—Wednesday, December 2d., 1863.
Before Mr. Baron Channell.
MR. HORRY for the prosecution, offered no evidence on the inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
MR. ROWDEN conducted the Prosecution, MESSRS. SLEIGH and BESLEY the Defence.
NOT GUILTY .
MR. MATTHEWS conducted the Prosecution.
ROBERT PERCIVAL . I am a horse-dealer, carrying on business in Benton-street, Eaton-square—I have a drawing account at the Bank of England, and a cheque-book, which I usually kept in a drawer in my office—my office is adjoining my stable-yard, open to the yard—when I have occasion to go from my office to the stable-yard, it sometimes happens that I have my drawer unlocked—on 11th October, I had occasion to examine my cheque-book after coming back from Wayhill-fair on the 10th—I had been
away for two or three days—I found that one was missing—the cheques and counterfoils in my book are lettered and numbered consecutively—I found the counterfoil missing as well as the cheque—on searching the book I found that a small portion of it was left—I have the book here—I wrote to the Bank of England and learnt that this cheque (produced) had been presented; it is the cheque I missed—it is certainly not my signature or drawn by my authority—I knew the prisoner before 11th October—he had never been in my employment—I saw him on several occasions talking to a horse-keeper I have, named "Bill"—he was hanging about the gates outside—I did not know what his business was—I saw him very frequently hanging about the place—I have not seen him since 11th October—I do not know where Bill has got to at all, he has left my service—I discharged him—he left very shortly after 16th October—I think it was about 17th October that I first received the information which put me on the track of the person who had passed this cheque—Bill left me about that time.
GEORGE WHITE . I am a clerk in the drawing office of the Bank of England—Mr. Percival keeps a drawing account, and his cheques like those of any other customer are lettered and numbered—no other customer has that letter and number—I cashed this cheque in the course of business on 5th October—I should not like to say who presented it—I believe I know the prisoner—I believe I recollected his face when I saw him at the Mansion-house, but I could not swear it—I gave in change for the cheque—three 5l. notes and 10l. in gold—the number of the notes were 67281, 67282, and 67283, and the date 27th July, 1863—this is one of the notes—it has since then been marked and returned to the bank, and cancelled.
PHOEBE TALBOYS . I am the wife of James Talboys, of Gloucester-terrace, Vauxhall-bridge-road—I keep a coffee-shop and let lodgings—I know the prisoner and his brother—they lodged in my house in September last, and had incurred a debt to me—they left me without paying it, and said they would come back and pay me—the prisoner afterwards came and offered me a 5l. Bank of England note—I had not change, and I sent my niece, Ellen Cannon, to get it—she brought the note back, and said, "Aunt, you must put your name on the note," and I asked the prisoner to write my name on the note, and he was going to place his own name on it, but he said, "Oh! I have just been over to Mr. Godfrey's; I had better put your name on it"—my niece then took the note and brought the change—I can read and write—it was between the lights, and I could not very well see to put my name, so I asked the prisoner to put it—I was willing that my name should be put—this is the note, and this is my name, P. Talboys, that I asked him to write—I was standing by when it was done—the prisoner used to frequent my house, both before and after this, for breakfast and a night's lodging, and so on—it must have been five or six weeks ago that be brought the 5l. note—I can't tell the time particularly—it might have been two months ago—I know it was some time back.
ELLEN CANNON . I am getting on for eleven years old, and am Mrs. Talboy's niece—I know the prisoner and his brother Alfred—they used to lodge with my aunt—I remember the prisoner coming with a 5l. note to pay my aunt—that was about a month ago—I took the note across the road to Mr. Godfrey's—he sent me back with it, and told me to tell my aunt to write her name on it—I told my aunt so, and she gave it to the prisoner, and told him to put her name on it—he did put her name on the back of it—this is the note—this is my aunt's name, which the prisoner wrote on that occasion—he gave it to my aunt, and she gave it to me—
when he had written it he asked me whether I could write like that—I said "No"—I don't remember anything else being said by him—I took it to Mr. Godfrey's and got the change.
WILLIAM POULTER . I am foreman to Mr. Sewell, a veterinary surgeon, near Eaton-square—I have known the prisoner and his brother Alfred about the neighbourhood of Elizabeth-street, and sometimes in Mr. Sewell's yard—I am sure I don't know what they came there for—I have seen them coming in and out of the yard sometimes—at the beginning of October I saw the prisoner for several days—he was the worse for drink—I believe each of those days he asked me to drink with him—I saw him in the Belgrave public-house in the neighbourhood—he was then in drink—he said his father had given him 10s., with which he bought a pair of boots, and that afterwards he had bustled his father out of 5l.—he said he had been to the Bank of England to change a cheque of 25l.—he said it was one of Mr. Percival's cheques, that his brother Alfred gave it to him, and that it was given to his brother by Bill, Mr. Percival's ostler—he said Alfred filled the cheque up, and he cashed it at the Bank, and they divided the money in a cab; that Alfred had 16l. and Bill 8l., and he had 8l. for himself and 1l. for his expenses—I saw that he had 7l. or 8l. with him at the time—he said he was going to Antwerp, from Antwerp to New York, and from there to Australia—this was on the Wednesday night—I don't remember what Wednesday it was; it was quite the beginning of October—I spoke of this a day or two afterwards to Sir Robert Collier's coachman, and afterwards saw Mr. Percival.
Prisoner. Q. What time was it I came into your yard on the Monday? A. About 4 or 5 in the afternoon—you asked me to have a glass of ale, and I did so.
THEODORE HALSTED FOULGER . I am a member of the City Detective Force—I had a warrant in October for the apprehension of the prisoner—I searched for him in London, but was not able to find him—I ultimately took him at Walsingham, in Norfolk—his father lives within five miles of there—I brought him back to London.
ROBERT PERCIVAL (re-examined). I went to Wayhill on the 9th and 10th, and returned on Saturday night the 10th—I went through my cheque-book and accounts the following day, and then missed this cheque—I had examined the cheque-book perhaps a fortnight or three weeks before that—the cheque had been abstracted forwards—I had not arrived at that cheque—(At the request of the Jury, the prosecutor wrote his name)—I was never in the habit of leaving signed cheques in my drawer—I had no one to manage my business while I was away—the man Bill had worked for me prior to that—he was constantly intoxicated, and absented himself—I kept the drawer locked in which my cheque-book was, and always had the keys myself—I may have left the key in the drawer if I was called away suddenly—I never lost a blank form of cheque—we mostly take our cheque-books with us when we go to the fairs—I have had transactions with the prisoner's brother for some years, and he could imitate my signature.
Prisoner. Q. Had not you some one in your employ as foreman before the Jew boy that was imprisoned? A. No; the boy you speak of has been in prison, but not when he was in my employ.
Prisoner's Defence. The cheque was given to me, and I cashed it, but I was not aware at the time that it was a forgery. I own that I exchanged it at the Bank, not knowing it to be a forgery.
GUILTY on the Second Count. — Three Years' Penal Servitude.
MESSRS. ORRIDGE and LAWRENCE conducted the Prosecution.
MARTIN ST. LEGER . I am a licensed victualler, in Bull-court, Tooley-street—on the morning of 14th November I was with my wife, going home across London-bridge—when we had got about half-way across, we met the prisoner and two others walking arm-and-arm or hand-in-hand together—my wife had hold of my left arm—they surrounded us—the prisoner tried to put his legs between mine to throw me down, and the other two hustled and shoved me about against the side of the bridge—in a second I felt one of their hands, I can't say which, coming out of my right-hand trousers' pocket—I afterwards missed from there 25s.—I called for the police—the other two ran away—I stuck to the prisoner—I could not see what he did to my wife, I had quite enough to do—the officer came up, and I gave the prisoner in charge for attempting to rob me—I had not at that time discovered the loss of my 25s.
Cross-examined by MR. PHILIPPS. Q. Was this about half-past 12 at night? A. Yes—I had been to Paddington on business—I had taken a little refreshment, not a good deal—I had paid for it—it was sixpennyworth of brandy and water—I had some silver in my right trousers' pocket—I paid for it at the bar—there were some persons there; I don't think more than two or three in the private box where I was—we came home by the Metropolitan Railway, got out at Farringdon-street, and walked from there to London-bridge—there were not many persons in the carriage with us, about six, with my wife and myself—I had no occasion to take out any money after paying my fare, till I got to London-bridge—the three men were linked together when they met us—I think they had got hold of each others' hands; they appeared to be a little noisy—I don't think they were singing, they were hooting and hallooing—I first charged the prisoner with assaulting with intent to rob; that was previous to going to the station—at the police-office I charged him with, the robbery—I distinctly felt a man's hand come out of my pocket; they closed me in so that I could hardly move between the three, and hustled me about so much that I could not tell which put their hand in my pocket—I was not hurt at all.
JANE ST. LEGER . I am the prosecutor's wife—on the morning of 14th November, about half-past 12, I was going with my husband over London Bridge, and saw the prisoner with two others—they came up to us either hand-in-hand, or linked arm-in-arm together—it was near the middle of the bridge—we were on the left-hand side going over—the men completely surrounded us—the prisoner put his leg round mine, and tried to throw me down—I had hold of my husband's arm—I had a small bundle in my left-hand, and the prisoner took hold of my bundle, and tried to wrench it out of my hand—I let go of my husband's arm and caught hold of him—I did not see what the other two were doing; I was frightened, and was quite entangled with this one—I called out, "For God's sake let me alone"—a policeman came up in about a minute—he appeared to be close on the spot—I had not loosed hold of the prisoner—I kept hold of him till the policeman came up—the other two men went away—the prisoner was secured, and my husband charged him with attempting to rob him—I lost a button from the top of my clock in the struggle.
Cross-examined. Q. How do you know it was the prisoner that got hold, of your bundle? A. I am quite sure of it—there was a good deal of scuffling
and hustling about—my husband was nearest the road, and I was nearest the bridge.
ROBERT WOODWARD (City-policeman, 545). I was on the bridge, about half-past 12, on this morning, and heard some parties having some high words—I went to see the cause of it, and saw the prosecutor, and prosecutrix, and the prisoner together—the prosecutor complained of the prisoner's assaulting him, and attempting to rob him, and gave him in charge for so doing—after I got him to the station the prosecutor charged him with stealing twenty-five shillings—I searched him, but found nothing on him.
Cross-examined. Q. Did you see the other two men go away? A. No; the prisoner gave his correct address—I did not know him before—I believe he said he had been somewhere in Tooley-street—he made no attempt to escape—he went very quietly—he denied the charge of attempting to rob—he did not appear to be excited from liquor—there were not many persons on the bridge at the time—I was about fifty yards off when I heard the words which caused me to come up—there are plenty of lights about there—there were no persons between me and them—I was walking up in the direction in which they were.
JANE ST. LEGER (re-examined). We were crossing from the City-side towards the Borough—I was on the inside, next the bridge, and my husband outside nearest the road—the prisoner was the one walking exactly opposite me, next to the bridge—I am quite sure of that. The prisoner received a good character.— GUILTY of assaulting with intent to rob. — Three Years' Penal Servitude.
41. JEMIMA WAITE (22) , Feloniously setting fire to a curtain, a window blind, and certain paper in the dwelling-house of Margaret Dixon Coleman, and thereby attempting to set fire to the said dwelling-house. Second Count, for doing the same under such circumstances that if the dwelling-house had been set fire to, the offence would have amounted to felony.
MR. PLATT conducted the Prosecution.
MARGARET DIXON COLEMAN . I live at 116, Westbourne-park-crescent—the prisoner lodged at my house—she occupied a parlour and bed-room adjoining, on the ground-floor, an old lady, an invalid, lodged above—on 28th October, between 9 and 10 at night, I was at home—I was alarmed by some persons coming in, and saying my house was on fire—I first went to get out the old lady—I then went down to the prisoner's sitting-room—the fire was then extinguished—I saw portions of the curtain lying on the floor, partly burned—it was a damask window-curtain—the prisoner was not at home—I had heard her go out a few minutes before—she came in in about half an hour—I told her the place had been on fire, and we were quite unable to account for it, she must, in some way or the other, have done it—she said she knew nothing of it, she could not tell how it had occurred—she did not sleep there that night; I requested her to go to her mother's—she came next day with her mother—I don't remember anything passing in the morning, but in the evening I spoke to her about it, and she said, "You don't suppose I did it"—I told her she must leave, and just before she was leaving I said, "You will give me the plate I left in your charge"—it was a table-spoon, dessert-spoon, mustard-spoon, tea-spoons, and sugar-tongs which I had given for her use as a lodger—she said she would go and fetch the key, she had left it at her mother's—she went, but did not come back, and a gentleman in the house, in the presence of her mother and myself, broke open the chiffonnier, and I saw inside a quantity of charred paper, and
a box of lucifer-matches, half consumed, and everything in it very much discoloured—the wood of the chiffonnier was very much charred, not burnt through—it is rather a common mahogany chiffonnier—it is not of the best workmanship; the doors may not close very well—when the prisoner was taken in charge she at once said, "I have pawned the plate; I was obliged to do it"—she was in indigent circumstances—after she was committed I visited her in the House of Detention, and had some conversation with her—I told her I had called to ascertain what she thought of the serious crime she had committed now she had had time to reflect upon it—she said, "I did it, Miss Coleman, and I hope you will forgive me"—she confessed before I said anything about forgiveness—I believe she said, "I am guilty"—I said, "I know you are guilty of the plate; you confess it, but with regard to the fire?"—she said, "I did that; will you forgive me?"—I said, "I will, but it is a serious crime, and as you have confessed it, now tell me your motive"—that was after I had said I would forgive her—she said "At first I thought I would deny it for the first few days, but then I thought I could not stand up again in the police-court at Hammersmith, and deny it".
Cross-examined by MR. LAWRENCE. Q. Was the curtain on the floor of the sitting-room when you saw it partially burnt? A. Yes; it was only slightly burnt—it was extinguished very quickly—the wainscot over the window was a little discoloured; charred with the burning of the curtain—the window-frame perhaps I may call it—when the prisoner returned her little sister was with her—she expressed surprise when. I told her she must have done it—I did not accuse her of doing it wilfully—I said at least it was an act of carelessness, and I thought so at the time; I could not think it was design—I went to see her of the House of Detention as a friend I may say—I did not so describe myself to the officer—I said I was the prosecutrix—I went merely to satisfy myself that she had really confessed, that I might name it to the Magistrate the next time I appeared before him—I wanted to see if she was really sorry for the deed—she is about twenty-two years of age—she had occasionally been very ill, and subject to fits—she had only been in the house three weeks—she was very reserved—I knew very little of her—when I saw her in the House of Detention she was confined in a cell—she appeared in great distress of mind—I did not go into the cell—I spoke to her through a piece of perforated zinc—my object in going was to know whether the confession she had made to her father included the setting fire to the place—I might have said at the end that I would intercede for her—the prisoner had never seen the invalid lady while she was in the house—she knew that she was there.
COURT. Q. When you went to the House of Detention had you been bound over to prosecute? A. No; she had merely been remanded.
JANE FRASER . I am in the service of Miss Coleman—on Wednesday, 28th October, I heard the prisoner go out—I don't know the time—two or three minutes afterwards some persons came into the house to say it was on fire—I went into the prisoner's room, and saw the curtains on fire—they were then hanging up against the window—some men came in, and put them out—an old lady, an invalid, lived upstairs.
COURT. Q. Were there any shutters to the window in the prisoner's room? A. Yes; they were open, any persons passing along the street could see the fire—the blind was down, but that would not prevent
persons seeing the fire if the shutters had been shut—I do not think persons outside could have seen the fire.
JOHN ASCOTT . I live at 18, Desborough-place, Paddington—on the night of 28th October I was at the corner waiting for a friend, and saw a very bright light in the window of No. 11—I went and looked in and saw the curtain all blazing—I went into the parlour, went on my knees to the window, and got on a chair and pulled the curtain down, and put it out.
Cross-examined. Q. There was only one curtain on fire? A. No; and part of the shutters—I could see it easily from the street; the blind was down, but no shutters closed—I am sure it was the curtain I saw in a blaze—part of the window-frame was on fire.
ROBERT HENRY SANDS (Policeman, 000). On 29th October I went to the prosecutrix's house, to the lower room, occupied by the prisoner—I saw the chiffonnier opened—I saw some charred matches in the corner, some of which I produce, and some remains like burnt paper on the floor—there was what appeared to be a portion of the burnt curtain and some paper—there was a blind; that did not appear to be injured—I went from the house, and after getting two or three minutes' walk from it I met the prisoner in the Harrow-road—I stopped her, and asked her if she had stopped for any time at 11, Westbourne-park-terrace—she said, "Yes"—I said, "Come with me"—I took her to the house, and in Miss Coleman's presence charged her with setting fire to the house, and also with stealing the plate—she denied setting fire to the house or knowing anything whatever of it, but acknowledged to the pawning of the plate—she said, "I have been this morning to get the money to get the plate—I have pawned the sugar-tongs, the tablespoon, and the dessert-spoon"—she also said she had been very much distressed—the curtain that was burnt was the one next the chiffonnier; there was a crevice in the chiffonnier through which the flame might get.
COURT. Q. Is there more than one window in the room? A. Only one—there is a fire-place; there was no fire in it when I went—the window is about 9 1/2 feet from the fire-place; the chiffonnier was between the fire-place and the window—the edge of the chiffonnier came close to the curtain—the place where the flame might have got through was about a foot from where the curtain hung, but if it had been loosely folded it might have come in contact with the blaze coming through the chiffonnier—I went a second time in consequence of what the Magistrate said, and made a more close examination, and found another place very much charred, that would actually come in contact with the curtain.
MISS COLEMAN (re-examined). There was a fire in the fire-place that evening when the prisoner left the room.
MR. LAWRENCE submitted that there was no evidence to support the first Count; and, as to the second, although the overt act was not denied, the intent was wanting.
MR. BARON CHANNELL was of opinion that the case must go the Jury; by the old law it was necessary to show that the building itself was fired, and that there was an intent to defraud; the second Count, framed under a recent statute, rendered that unnecessary.
NOT GUILTY .
NEW COURT—Wednesday, December 2d., 1863.
Before Mr. Justice Byles.
MR. DALEY conducted the Prosecution.
ELIZABETH STOUT . I am the wife of William Henry Stout, of 145, Back Church-lane—on 27th October my sisters were fined at the police-court and committed—on the same day, between 1 and 2 o'clock, I saw the defendant as I was coming from my sisters' house, with a parcel under my arm to pawn, to pay the solicitor who had pleaded for my sisters—I saw the prisoner in the street striking my eldest sister—I went up and said, "Come away, there's a good girl"—I said to the prisoner, "Are you not satisfied with what you have done to my other two sisters?"—(she was not a witness against them)—she said, "Oh, it is you, you b—cow, who went and got the solicitor for your sisters;" and after making use of other expressions, and saying she would have my b—life, she knocked me down with a blow with some sort of a glass which was in her hand—I was lying on the ground and saw a second blow coming from the prisoner; I put my hand up and got it on my wrist—I afterwards found myself in the London Hospital—I was there a fortnight within two days—I did not see the prisoner again till I saw her at the police-court.
Cross-examined by MR. COOPER. Q. What was the charge against your sisters? A. An assault—one of them received a sentence of twenty days—I had been home—I did not call the prisoner names—I did not say, "Are you satisfied now, you old cow? you have got my sisters punished; are you not now satisfied?"—I did not strike her first and cut her head.
Prisoner. Here is the mark. Witness. It was my sister who struck her on the head, and got twenty-one days for it—I mean to say that the prisoner struck me without provocation, because I got a solicitor for my sisters—I know Caroline Thomas by hearing her name; she was not present, nor was Sophia Collins—I know Sophia Burgess; do not know whether she was present—this happened in the street, on the kerb, only a few yards from her house—my sister's house is a few yards from the prisoner's—I am not often at my sister's house—I stand in Whitechapel-road with china and glass.
COURT. Q. What have you got that handkerchief over your head for? A. To keep the draught from the cut—the glass cut me here, near the eye.
JOHANNA MORGAN . I live at 25, Henry-street, Back Church-lane—on 27th October I was in Henry-street, and saw Stout and Ford—Stout's younger sister went up and spoke to Ford, and the elder sister said to the younger, in Ford's presence, "Come away—she said, "Are you not satisfied with what you have done to my other sisters"—the prisoner said to Mrs. Stout, "It is not you I want, it is the younger sister; it is you, you b—cow, I want"—she had a decanter in her hand, with which she struck Mrs. Stout right across the eye—the decanter broke, and Mrs. Stout fell down and bled fearfully—she got a second blow across her wrist with the decanter—when she put up her hand to save her face; she was then lying down—she had the glass in her hand; the decanter was broken with the first blow.
Cross-examined. Q. Did not she strike the prisoner first? A. No; Margaret Wells did not come and strike the prisoner first and call her names—I did not hear her say, "You have put my sister in prison, and I will rip your guts for garters"—she never spoke a single word—Caroline Thomas was not there, nor Sophia Burgess, nor Sophia Collins—I saw the prosecutrix lying down in the road bleeding.
SARAH ANN STEED . I am the wife of James Steed, of 2, Brunswick-place—on 27th October I was in Henry-street, and saw the prosecutrix and prisoner—Elizabeth Stout was going from her sister's door to the pawnbroker's
with a parcel under her arm—I saw Margaret Wells, who is Mrs. Stout's sister, go over and speak to the prisoner—they tustled together, and the prisoner struck Margaret Wells over the head several times—Mrs. Stout went down the street on the same side, and went up to them and said to her sister, "Come away, Moggy, let her be"—the prisoner immediately said, "You b—cow, it is you I want; it was you who paid the solicitor for your two sisters," and struck her on the face with a glass—she fell to the ground—she then struck Stout a second time, who put up her hand to save the blow from coming on her face, and it came across her wrist—she bled furiously, and the prisoner went away—a policeman came, and Stout was taken to the hospital.
Cross-examined. Q. How did it begin? A. Ford was by her sister's door, and Margaret Wells went over to her, and said, "Are you not satisfied now with what you have given my sisters," and she struck Margaret Wells several times on the head with a glass—Margaret Wells did not say that she would rip her open, and make her guts into garters—it was the prisoner who said that—I do not know where she got the glass from—it was broken over the first sister's head, and with the remainder of it she cut the prosecutrix.
JOHN GOODWIN (Policeman, A 418). I was called to the prosecutrix, and found her on the pavement insensible, and bleeding profusely from the head—I took her in a cab to the hospital—the prisoner was pointed out to me, but she escaped—she was apprehended on a warrant about a fortnight afterwards—she was out of the neighbourhood about a fortnight, and could not be found anywhere—I picked up these pieces of glass close to where the prosecutrix was lying, and some was handed to me by the witnesses—it would make about a half-pint bottle I should think.
Cross-examined. Q. Is it not a salt-cellar? A. It is too large for that.
GEORGE KING . I am house-surgeon to the London Hospital—the prosecutrix was admitted there on 27th October—I found a lacerated wound on her face, dividing the whole of the tissues, and separating the periosteum—a good deal of blood had been lost, and a small artery had to be secured—it was a jagged wound, inflicted by glass or some blunt instrument—she was in the hospital about a fortnight, and an out-patient afterwards—there will be no permanent injury. Witnesses for the Defence.
CAROLINE THOMAS . I am the wife of Charles Thomas—on 27th October, about half-past one, I saw the prisoner at her door, which was shut—she had not an opportunity to go to her door, because Margaret Wells and Elizabeth Stout struck her; I cannot exactly say what with, but it looked to me like a glass salt-cellar—it was Elizabeth Stout who struck her with it on the head, and made her bleed—I saw that distinctly; there was nothing between us—they both struck her; they ran over to her, used very foul language, and said that they would have her inside out for garters—they both struck the prisoner, and she turned round and struck in her own defence—she had nothing in her hand, barring what she took out of the prosecutrix's hand—it was all done in a moment—she had a very bad cut on her head, and another on her hand, which were bleeding—this lasted ten minutes or a quarter of an hour—I had not been to the police-court that day.
Cross-examined by MR. DALEY. Q. How long have you known the prisoner? A. About eight or nine months, both parties—I live near her—the cut was on her forehead—Mrs. Stout said that her sisters were committed—Mrs. Stout did not take the weapon from the prisoner's hand, the prisoner took it from Mrs. Stout's hand—I saw Mrs. Wells talking to the prisoner—she called her foul names, and hit her first—they were both there together—directly one ran the other ran—they were standing together
before they ran—Margaret Wells ran up to the prisoner first and struck her, and then Elizabeth struck her—she came up not a second afterwards—I was quite close.
SOPHIA BURGESS . My husband works in the Docks, and lives in Henry-street—on 27th October I was standing by my own door, about two doors from the prisoner's door—I saw the prisoner come up, but the had not time to get to her door—the prosecutrix came round the corner, and her sister, Margaret Wells, who ran up to the prisoner, and said, "Bridget Ford, I will have your inside out for garters"—Betsy Stout then ran over to the prisoner, and hit her with something which laid very flat in her hand—I could not tell what it was—if it had been a decanter I must have seen it—they both stumbled, and there was blood on both—the blood on the prisoner was on her forehead and hand—they were both bleeding very much—it lasted about half an hour—a policeman came up after it was all done, and picked up Elizabeth Stout.
Cross-examined. Q. Were you at the police-court? A. No—this was between 1 o'clock in the day and half-past—after Betsy Stout struck the prisoner she struck her back again with something which she took from her.
NOT GUILTY .
MR. LEWIS conducted the Prosecution.
WILLIAM HENRY TURNER . I am a letter-carrier, of 3, Little Grosvenor-street—on the evening of 12th November, in the course of my duty, I delivered some letters in the canteen barracks, Hyde-park, near the magazine, about 7 o'clock, or soon afterwards—I then took something to drink, by the invitation of a soldier who was sitting there, neither of the prisoners—I remained there till about twenty minutes past 8—I drank a glass of beer there, and there was also a pot of beer called for among five of us—I knew perfectly well what I was about when I left; I was quite rational—I had been in the prisoners' company the whole evening, and had spoken to Pearce several times—they asked me to show them the way to St. George's Barracks, and I agreed to do so—that is in Trafalgar-square—we crossed the park from the canteen to Grosvenor-gate—I walked between the two prisoners with my arms between theirs—I felt Pearce pushing me on my right side, as if he was intoxicated and could not keep on his legs—he did that repeatedly, and when he did it Benning always stepped backwards or forwards, so as to allow me the chance of falling, but I retained my legs, and after being pushed three or four times, I asked him what his little game was—Pearce said that he would b—soon show me, and grasped me by the throat; Benning struck me violently on the face, and I was forced to the ground—they both knelt on me, and I directly felt Benning break my watch-chain, and also take my money out of my pocket—(I had taken my watch out in the canteen to tell them what time it was at half-past 8, just before leaving)—Benning said to Pearce, "It is all right," and I immediately felt a severe blow on the side of my head, and became insensible—I went to Grosvenorgate and saw a policeman—that was about 9 o'clock; I made a communication to him—next morning I went to the Wellington Barracks, Bird-cagewalk, and picked out the prisoners—I am certain they are the two men.
Benning. Q. If you thought we were going to St. George's Barracks, why did not you go there to find us? A. Because I went to the Canteen Barracks and found that you belonged to the Wellington Barracks.
DANIEL PAGE . I am a private in the 1st Grenadier Guards—I was on duty at the Canteen Barracks, Hyde-park on that evening—the prisoners were there—I am certain they are the men—they left about half-past 8; the postman was in the middle—they went towards the guard-room to answer to their names before they went out of baaracks—that is to see that they are properly dressed before they go out.
JOHN ELLISON . I am a private in the 1st Grenadier Guards—I was in the canteen on the night of 12th November, and saw the prisoners and the prosecutor—they left about half-past 8—some one asked what the time was—there was a clock hanging up in the room, and I saw that it was half-past 8; the prosecutor took his watch from his waistcoat pocket, and said, "It is near upon half-past 8"—the prisoners were by then and ready to go out.
Pearce. Q. Was it not half-past 7 that the time was given by the postman when he had to deliver two or three letters? A. No, it was half-past 8—you did not ask him the time till half-past 8—you were in your white jacket when, the postman came in.
LEWIS CLARK (Policeman, A 222). On the evening of 12th November, I was on duty in Hyde Park, near Grosvenor-gate, and saw the prosecutor sitting outside the gate, on the stone coping of the railings—he could not walk straight; he was sensible, and gave a clear account of all that had occurred—he showed me marks of a struggle about half-way between Grosvenor-gate and the Magazine—I saw marks of a very severe blow on the right side of his face—I went to the Canteen Barracks, but the prisoners were not there—I went next day to the Wellington Barracks, and saw the prosecutor pick the prisoners out from ten or fifteen others.
COURT to WILLIAM HENRY TURNER. Q. You were examined before the Magistrate, did you say that Pearce grasped you by the throat and threw you down? A. Yes; I said so before I was asked—Mr. Yardley examined me—I said that at first—Pearce seized me under the neck, which stifled my crying: I could not make any noise—there were marks of it afterwards for some days and a swelling inside, so that I could not swallow.
Bennning's Defence. I was in the canteen with my comrades on the night of 12th November, and saw the postman drinking and singing; he appeared very drunk. About half-past 8, I went out of barracks, and he was going out at the same time. Pearce and I were together. The postman stopped and talked to two women, and I saw no more of him till next morning, when he came and picked out Pearce, and said that the other prisoner was not there, but I was there all the time. Afterwards he came, and finding that I was a prisoner, he picked me out, and said that I was the other man. I asked him at the Police-court how it was he did not pick me out the first time, and he said that we were dressed differently, having our white jackets on, which must be wrong, because we are not allowed out of barracks in white jackets.
Pearce's Defence. I was with several comrades. The prisoner had to deliver two letters at half-past 7; he was to deliver them and come back. He came back, and waited in our company till half-past 8; some more pots of beer were had, and he got in liquor. We gave our names to the officer on guard, and left the prosecutor talking to two females outside—I saw no more of him till next morning.
GUILTY .— To be imprisoned Eighteen Months each, with hard labour, and within the first six months to receive thirty lashes each with the "cat."
MR. TAYLOR conducted the Prosecution.
JOHN DAFTER (Police-inspector, S). On 4th November, in the evening, I was in a public-house in Salisbury-street, Lisson-grove, and saw the prisoner there—I recognised him as a man whom I had seen convicted at this Court—I called him outside and asked him if his name was James Douglas—he said, "No"—I said, "Is your name James May?"—he said, "No"—I said, "I am an inspector of police; listen to what I am going to say. I was present at the Central Criminal Court Session in June, 1856, when you were tried in the name of James Douglas, convicted of burglary, and sentenced to fourteen years' transportation; and unless you show to me that you are on ticket of leave, or some papers that justify your being at large, I shall take you in custody"—he said, "I am not the man, you make a mistake"—I took him to the station, made him strip up his sleeves, and found some marks on his arms which I had seen previous to his being transported, some tattooing on both arms—there were four letters when he was transported right across his arm, there is now only a smudge, a blue mark, and there were some additional marks—I was present in 1856 when he was stripped at the Paddington station, and I took him in custody—I know him independently of those marks, because I was present when he was transported before, for ten years—I have the certificate here—I searched him, and found this knife (produced) in his breast pocket—it was not in a sheath.
COURT. Q. Are there the same number of letters on his arm as there were before he was transported? A. No, but there are the same number of marks—I do not call letters marks—there are more marks now than when I first saw them—the four letters across the left have gone, but there is a mark as if they had been there—there is not one single letter now which I saw before—I do not know him by letters, and there are not the same number of marks; but on his right arm there is a bottle and glass, two pipes, and an anchor—on the inner part of his left arm there is a man and woman—the letters were across here. (The outer side)—I told the Magistrate that there were marks on his arms, and I partly identified him by them—I was not quite positive till I saw the marks—I mentioned the anchor and the pipes, bottle, glass, and man and woman, to the Magistrate, and signed my deposition afterwards, but there is nothing there about them—I have seen many sailors mark their arms, and some policemen—the bottle and glass were there in 1856, and the two pipes as well, in the same place exactly—I have examined fifty or sixty arms since, but not four hundred.
HENRY AVORY . I am the Clerk of this Court—this is my signature to this certificate (Read: "Central Criminal Court. John Douglas, convicted June, 1856, of burglary, having then been before convicted. Transported for Fourteen Years. Signed, Henry Avory Clerk, of the Court".)
OLIVER WATSON . I am a warder of Chatham convict establishment—I was assistant warder in 1858—I have seen the prisoner there as a prisoner in 1857 and 1858, and am certain that he is the man—I saw him leave Chatham with a party of prisoners to embark for Western Australia—I did not see him on board, but I saw him leave the establishment in a gang who were chained together—they went towards the dock-yard.
THOMAS POTTER (Police-sergeant, D 2). I was in the force in 1856 and 1858—the prisoner was apprehended for the burglary through me—a hat was left behind, which I identified as his—I saw him in custody at the police-station in 1846; at the police-court on the day he was committed for trial; and on his trial at this Court—I was not in Court when he was
sentenced; I was outside—I saw him daily for about a month previous to his being apprehended for the offence for which he was transported—I have not the slightest doubt that the prisoner is the man.
Prisoners Defence. It is true what the officer says; I went on board the Lord Raglan on 19th February, 1858, and was thirteen weeks on my passage. We took in prisoners at Portland, Portsmouth, and Plymouth, and could not get out of the channel. We put back, and were twelve weeks before we reached Freemantle. I was there fifteen months, and received my ticket of leave. I held it twenty-seven months, and got my conditional pardon. I was driving the mill for the last eight months. A gentleman asked me to take charge of fifty horses from Freemantle to Madras. I landed forty-nine out of the fifty, and one died on the passage. I stopped at Madras one month, and afterwards a captain gave me a passage to the Cape of Good Hope, having worked nine weeks on board. The captain could not make the Cape, and we ran for London, which is what brings me here now. I came in on the 5th August. I lost my pocket-book and papers, and all that I had when I came ashore in London.
The COURT intimated that it might become necessary to show whether the prosecutor or the prisoner might not have applied at the Colonial Office for a fresh ticket of leave, or to know whether one had been granted, and if it became necessary would reserve the question for the Court of Common Appeal.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JOHN BALDOCK (Policeman, S 341). I took McKenzie on 20th October, at 7 o'clock in the morning, in Allen-street, Camden-town—that is nearly two miles from St. Alban's-place, at the foot of Highgate-hill, where the burglary is said to have been committed—Dunn was with him—I have not a doubt about that, for I spoke to him—McKenzie said that he would sooner die than be taken—I took out my staff, and said that I would split his head—I got assistance—Dunn stepped into the road, and threw the umbrella (produced) at my head, saying, "You may as well take the b—lot"—I took McKenzie to Battersea Police-station, put him in the dock, searched him, and found five silver forks, three silver table-spoons, four dessert-spoons, six tea-spoons, a gravy-spoon, an egg-spoon, two sauce-ladles, a pair of sugar-tongs, a pair of nut-crackers, four pieces of a cruet-stand broken up, a silver thimble and watch, a silver mounted meerschaum pipe, nine sovereigns and a coat—I afterwards went to 7, St. Alban's-villas, and saw marks of corduroy trousers on the water-closet window, which is higher than my head from the ground—it is not possible for a man to get in unassisted—they could get in by one another's shoulders, or a ladder—McKenzie had corduroy trousers on—I saw footmarks on the ground, but there were leaves about, and I could not identify them.
JOHN COOK (Policeman, S 198). I took Dunn on the evening of 26th October—I told him he was charged with another who was in custody, McKenzie, alias Williams, with committing a burglary at 7, St. Alban's-road, Kentish-town—he said, "Williams has done this for me; he said if he got transported I should too"—I took him to the station—I found this cap in the room.
Alban's-road—on the night of the burglary I fastened up the house at a quarter to 10, leaving the front door on the latch, which could not be opened from the outside without a latch-key—I came down next morning at half-past 6, and found the back door open, and the bottom sash of the water-closet window—it was always left open a little at the top, and was so when I went to bed—there is quite sufficient room between the bars for a person to get in—I found the front door fast as it had been over night.
SELINA PURDAY . I am in Mr. Greg's service—I awoke about 6 o'clock, and came down about half-past—the first thing I noticed was the water-closet window wide open at the bottom, and the back door wide open; the front door was still chained—I went into the kitchen, and missed the plate-basket and all the plate; also several articles from the drawing-room, some of which Mrs. Greg had used the last thing; also a coat and umbrella—I must have heard if anything had taken place in the house after 6 o'clock, my bedroom door was wide open—I know all these articles—I cleaned them before I went to bed on Monday night—they are Mr. Greg's property—there was also a large silver teapot, which has not been got back.
PERCY GREG . I live at St. Alban-road, Upper Kentish Town, and am a journalist—on the night in question I came home about 12 o'clock—I entered by the front door with my latch key, and closed and fastened it with chains and bolts—the back door was fastened in the usual manner—the water-closet window was open at the top as usual—it is on the ground-floor, but so high that a man could not get up without assistance—the policeman pointed out some marks of white paint and soft wood, as if a person had pressed it with ribbed or corduroy trousers—I went to bed about 2 o'clock, but the child cried, and kept me awake till after 3—this coat, umbrella, and silver articles, are mine—I missed a cap, but cannot identify the one produced—I noticed marks in the garden—I found the plate-basket and a few books in a neighbour's garden—the value of the goods taken away is 30l. or 40l., to the best of my belief.
THOMAS CORN . I am a butcher—on the morning of 20th October, at 7 o'clock, I was in College-street, Camden Town—I live at No. 41—I saw the constable stop both the prisoners—he caught hold of McKenzie, who was very violent, and I assisted him—Dunn threw an umbrella at the policeman, and said something; I cannot say what—I have no doubt that Dunn is the person.
Dunn. You told the Magistrate that you were mistaken, and that it was another man, and the Magistrate crossed you off the paper. Witness. I am positive you are the man; I had not seen you at that time, and thought I was mistaken about you—this is my signature to my deposition; I said, "I saw Dunn throw the umbrella at the constable; when I saw the prisoner and others, I thought it was some other person, but directly I saw the prisoner Dunn, I knew him to be the man."
The prisoners' statements before the Magistrate. McKenzie says, "I am not guilty. I came along the high road, and found it in a path." Dunn says, "At 6 o'clock on Tuesday morning, I got out of bed, and went to Covent-garden to buy some fruit, which I get my living by. I could not buy nothing. I comes back, and told my father I should go for a soldier. That is all."
They were both charged with having been before convicted, McKenzie in July, 1852, and Dunn in May, 1860; to which they both
McKENZIE.**— Three Years' Penal Servitude.
DUNN.**— Five Years' Penal Servitude.
THIRD COURT.—Wednesday, December 2rd, 1863.
Before Mr. Common-Serjeant.
MR. ORRIDGE conduced the Prosecution.
JOHN SHORE (Police-sergeant, F 11). On 11th November I was on duty in Mercer-street, Long-acre, with Ackrill—we were both in plain clothes—when passing near a urinal at the bottom of Mercer-street, I heard a noise like some person trying to cry out, and could not—we both ran to the urinal, and found the three prisoners and the prosecutor there—Davis had both his hands over the prosecutor's month, pressing him close against him—Sweeney was endeavouring to get the prosecutor's hands out of his trousers' pockets, and Kelly was searching his waistcoat pockets—I have known them well for years—I took Kelly in custody, and dragged him away by the collar—he had a paper collar on—he pulled away, the collar tore, and he got away—I chased him for some distance, but did not catch him—the prosecutor was decidedly drunk; his face was cut about very much—he could scarcely breathe for minutes afterwards from the pressure on his throat—when I found I could not take Kelly, I went back to the prosecutor, and took him to the station—I untied his neckcloth before I went after Kelly—they all got away—I assisted Ackrill in taking them on the 14th.
Cross-examined by MR. PATER. (For Kelly) Q. What time was this! A. As near 8 o'clock as possible; there was nobody else in the urinal, except the prisoners and the prosecutor—I saw persons passing outside, but not many—I met one person as I was running after Kelly, and two brewers tried to stop him—I saw Kelly with his hands in the prosecutor's waistcoat pocket—I did not see both his hands; I saw him put one of his hands into both pockets—to the best of my belief, it was the right hand—I did not see anything in the hand when he withdrew it—I am positive it entered the pocket—Ackrill was close to me at the time; he must have seen all that took place—I had not time to make any charge against Kelly when I took him—I stooped down to untie the prosecutor's neckcloth, and he jumped away.
Davis. Q. Do you say positively that I had my hands round the man's mouth? A. Yes; positively; I did not see either of you take anything from him.
JEREMIAH PRENDERGAST . I am a tailor at 4, Dufours-place, Broad-street, Golden-square—on the night of the 11th November I was very drunk—I have no recollection of going into this urinal at the corner of Mercer-street; I remember finding myself at the station-house—I felt it all night that I was there—I wanted a pinch of snuff, and I missed my snuff-box—I had had a measure-book in my pocket which I also lost—it was safe at half-past 6, I think.
Cross-examined. Q. Whether you had your snuff box, or anything else about you before you went to the urinal, you can't say? A. No.
COURT. Q. When had you had a pinch of snuff before you got drunk? A. I can't recollect whether it was before half-past 6 or after.
WILLIAM ACKRILL (Policeman, F 48). I was with Shore, and went with him to the urinal on hearing a noise—I saw the three prisoners there—I have known them well for years—I saw Davis with his hands over the prosecutor's mouth, and holding him in front of him, close and tight—the
prosecutor had his hands in his own pockets, and Sweeney was trying to pull them out, but they were kept so tight by Davis's pressure that he could not get them out—the other prisoner Kelly was rifling the prosecutor's waistcoat pockets—I saw Shaw lay hold of Kelly by the collar, and try to lift the old gentleman, and untie his scarf—the other two prisoners ran away—I ran after them up Mercer-street into Hart-street, and I there lost them—they went into a house, and over the backs of some houses—I next saw Davis and Sweeney about eleven o'clock on the night of the 14th in Holborn—they caught sight of me and ran away—I chased them up Cross-lane and up Parker-street—they entered a house there, went over two walls at the back, and out of another house into Parker-street again—I there lost Sweeney—Davis went across Drury-lane to Brooker's-alley—I followed him there, and caught him—about 11 o'clock on 27th I went to Eagle-court, to the house where Kelly lived—I found him there, and told him I should take him into custody for highway robbery in Mercer-street—I did not mention the night then, and he said, "I can prove where I was that night"—I said, "What night?"—he said, "That night"—I then told him the night, and that he was concerned in it with Charley Guy and Sweeney—I have known Davis for some time as Charley Guy.
Cross-examined. Q. Was it dark? A. Yes; but there were a great many lamps there—there is a public-house opposite—I did not notice anybody pass in the street while I was there—they might have passed—I was in plain clothes—we were merely passing down Mercer-street—I am patrol in the division—under any circumstances I should have gone down there—Kelly was putting his fingers in the prosecutor's waistcoat-pockets—both his hands were in the two pockets, one in each pocket—Davis had hold of the prosecutor's mouth, who was groaning and trying to call out, but could not—I saw nothing in the prisoners' hands—if they had had anything large I should have seen it, but anything small I should not.
MR. ORRIDGE. Q. Is this urinal lighted by a lamp? A. Yes, directly over it, so that the inside is light.
WILLIAM GORDON (Policeman, A 323). I apprehended Sweeney about half-past 1 on the morning of the 19th—he was drunk—I told him it was for a highway robbery, in company with others, in Mercer-street, Long-acre, on the 11th—he did not say anything for a short time, and then said, "Very well; I know I was in it"—I said, "In what?"—he said, "I was with them, but did not steal anything.
Sweeney. Q. Do you imagine that I should have said that if I did not want to give myself into custody? and besides, this man has been convicted once before for perjury, for taking two innocent men; have you, or have you not? A. I was not—I was summoned before a Magistrate, and discharged by him—there was a bill preferred against me, and your Lordship stopped the case.
MR. ORRIDGE. Q. Who were the prosecutors in that? A. Two boys from the Seven-dials—I don't believe they were thieves.
Davis's Defence. I went into a public-house, and then into this urinal, and found the prosecutor there drunk in a corner; I shook him up, and he was quite drunk. I was helping him up when the policeman came in.
GUILTY of an assault, with intent to rob. KELLY was further charged with having been before convicted on 6th January, 1859, at Clerkenwell; to which he
PLEADED GUILTY. *†— Eight Years' Penal Servitude.
DAVIS.**†— Ten Years' Penal Servitude.
SWEENEY. *†— Seven Years' Penal Servitude.
47. JOSEPH JENNINGS (43) , Burglariously breaking and entering the dwelling-house of Mary Price, and stealing therein 5 pieces of merino, 3 pictures, and other goods, the property of Mary Ann Flindell.
MR. ORRIDGE conducted the Prosecution.
MARY ANN FLINDELL . I am single, and live at 36, Holy well-street, Strand—I have a shop at 38—Mary Price, a single woman, lives in that house—about 1 o'clock on the morning of 1st October I left No. 38, padlocking it as usual, and leaving in the shop some pictures and books, which were afterwards shown to me—my sister went there about a quarter to 6—when I went in the padlock had been thrown on the floor, and the door was wide open—I missed three pictures, some books, a looking-glass, an umbrella, five pieces of merino, and some lining—the merino has not been found—the value of the lost property altogether is 5l.—these are my things (produced).
SARAH ANN FLINDELL . I am fifteen years of age, and live at 225, Strand—the last witness is my sister—I help her in her business at 38, Holywell-street—I went there about a quarter to 6 on the morning of 1st October—the shop-door was pulled to, the street-door was half open, and the padlock was thrown on the floor—the staple had been taken out—the place was in confusion.
CHARLOTTE WELLER . I am a widow, living at 15, Clare-court—I have known the prisoner about three months, or rather better, by keeping company with him—he gave me some merino, which I pledged for him, and he also brought me the property which has been produced to-day, and asked me to take care of it for housekeeping—I gave him the duplicate of the merino I had pledged—I never saw it after—there were four widths of merino, which I pledged for half-a-crown—I kept this looking-glass and pictures for him, not in use, and gave them to the officers—it was in October the prisoner brought the things to me—I can't say the day of the month—it was about six weeks before I was examined before the Magistrate.
EDWIN DREACH . I am a carver and gilder, living at 7, Drury-court—I was examined before the Magistrate on 20th October—I met the prisoner, and he said he had several books to dispose of; would I purchase them?"—I said, "Yes, if they would suit me"—he brought them to me, and I purchased them—that was about 9th or 10th October—I had them in my possession when the police came, and I gave them up at once.
WILLIAM ACKRILL (Police-sergeant, F 48). From information I received I took the prisoner on 19th November about 10 o'clock—I saw him standing by the corner of Two Spies-court, Brydges-street, Covent-garden—as soon as he saw me he ran into the first house on the right and upstairs—I followed him to the first floor, where I caught hold of him—I told him I was an officer, brought him downstairs, and told him I should take him into custody for committing a burglary on 1st October in Holywell-street—he made no reply—I said. "Do you hear that"—he said, "That is my business, and not yours"—I then went to the last witness's shop in Drury-court, and he handed me these books which I now produce, and which he said he bought from the prisoner—I then went to Mrs. Miller's lodgings, 15, Clare-court, and on the top of the house, between the roof and the ceiling of the third floor, I found this looking-glass, these three pictures, and this tablecloth—it was a sort of lumber-room—I then went to the prisoner's lodgings and found the silk umbrella which has been identified by the prosecutrix.
Prisoner's Defence. I was in Drury-court on 1st October, and a man came
up and asked me if I would take care of these things for him, which I did, and I put them up in this place. He said he would call on me. He never came, and they were there all the time. I had never seen him before nor since.
GUILTY .—He was further charged with having been before convicted at Westminster on 18th June, 1860, and sentenced to Three Years' Penal Servitude; to which he
PLEADED GUILTY.**†— Seven Years' Penal Servitude.
MR. LANGFORD conducted the Prosecution.
JOHN SIMMS . I am an ironmonger at 141, Fleet-street—on the evening of 25th November, about twenty minutes to 6, I was in St. Paul's-church-yard going to Cheapside—I was about turning the corner by Butler's the chemist's, and I felt a great pressure on me, which drove me short round; there were several men about me—I thought it very strange, and tried to extricate myself, but the more I tried, the more the pressure came—I found myself pressed by two men against the wall—the prisoner had his back to me then, and I was fixed completely against the wall—the prisoner then turned, and with a restless motion appeared to be doing something, and it struck me directly that he was robbing me—I looked down and saw one of his hands at my waistcoat, and my watch chain dropped at that moment—I had a watch attached to my chain in my right-hand waistcoat pocket—I looked him in the face and said, "You have got my watch"—he said, "No, I have not"—I said, "You have, and I'll never leave you"—he said, "I have not"—I then felt the pressure relax right and left, and felt myself at liberty—the prisoner immediately turned round to make for the corner of St. Paul's, but I kept close on him, and went in front of him and said, "You have got my watch," and called "Police!"—the waterman at the cabstand came up and said that in the absence of the regular officers, he had the privilege of taking a charge, and I said, "I give him into your charge for stealing my watch"—we walked on to the corner of the Old Bailey, where we met a constable and he was handed over to him, and taken to the station—he was there searched, and no watch found, but after the charge was booked, as I was returning up Ludgate-hill at a good pace with a pair of gloves in my breast-pocket, I felt something drop from them into my pocket I put my hand in and there I found my watch—when I last saw it it was in my waistcoat pocket—I did not see it in the prisoner's hand—it was safe as I was turning the corner, and there was nobody near me but those three men—the bow of the watch is gone; I have never found that.
Cross-examined by MR. TAYLOR. Q. When you went to the station-house you said, of course, that you had not got your watch? A. Certainly; I said the prisoner had stolen it—I did not feel in my pocket at all then—the vehicles were very thick in St. Paul's-churchyard at this time, but the people were waiting to go over the road—I did not see who was pushing me at the moment, till I looked round—this man was in front of me—he tried to get away when I charged him—he did not run—I don't think he could run, because there were people coming round the corner—I charged him with stealing the watch before I went and faced him—I should not think I followed him twenty yards and more down St. Paul's-churchyard—when I called, "Police!" the people came up—there was a great crowd then.
NOT GUILTY .
SARAH MORRIS . I live at 132, Blackfriars-road—on 13th November between 1 and 2 in the morning, I was returning home through Farringdon-street; when I came near the railway-station, I passed the two prisoners briskly—after having passed them some few yards they overtook me and knocked me violently down from behind—I got up and confronted them face to face, and was levelled to the ground again by both of them—while on the ground Williams laid hold of my left hand and tried to get my ring off—I clutched my hand, and finding there was some difficulty in getting the ring off, she held my hand and bit me violently in the place—my three fingers were lacerated in getting the ring off—I then got up in a sitting posture, almost exhausted, but I was able faintly to ejaculate "Help!"—I said to Brown, "Oh, let me get up"—Brown said, "Oh yes, we will let you get up"—before that they were both kneeling over me—Brown then rose to her feet and gave me a violent kick on my face—I wore a mantle and a black shawl under it—the shawl was taken from under my mantle, it being only secured by a pin—then a desperate struggle ensued for my mantle; that was secured by a brooch, which gave way, and the mantle was also taken—I had four teeth loosened, and I fear I shall lose all four—I have not been able to masticate a bit of food since—I am now suffering from the injuries then received—I am very ill this morning—I did not sleep a wink last night—my nerves were so shaken—the prisoners were in the act of starting from me, when policeman 121 arrived—I said to him, "That woman (Williams) has got my ring"—I did not lose sight of the prisoners—the policeman came up and took them—I am quite sure they are the women—there was no one else near the place at the time—I had lost my way, and it was a foggy night; I was endeavouring to find my way.
Brown. Q. Did you not come up to us and say a man was following you? A. No; I did not ask you to wipe some mud off me—I never said a word to you.
—SHIRLEY (Policeman, G 121). I was on duty in Farringdon-street, on 13th November—shortly past 2 o'clock in the morning, I heard faint cries of "Help"—I proceeded to the railway, where there is a dead wall, and as I approached I saw some object lying down on the footway, and the two prisoners stooping down, leaning over it—I saw another constable, 42 G, on the opposite side of the way, and I called out to him to come to my assistance—we hastened to the prisoners, and they made off—they got about seven or eight yards from the prosecutrix, when we took them in custody, and brought them back—Brown said, "It is all right; it is only our friend, Mrs. Brown"—I went to the prosecutrix and found her in a most deplorable state—she had been most cruelly ill-used—she was lying on her back on the footway, and was in an almost insensible state—she could scarcely speak—she was bleeding, her bonnet was off, and her mantle and shawl—her dress was torn, and her face was covered with blood and mud—she had a wound on her cheek, her eyes were swollen, and three or four of her teeth were loosened; her hair was hanging down her back—as soon as she recovered herself, she said, pointing to Williams, "That woman has taken my ring"—Brown said, "Give her ring, and have no bother about it"—I did not find a ring at that time—I saw Brown drop the prosecutrix's shawl at her feet on the footway, and I picked it up—the mantle I found lying between the prisoners—the prosecutrix was quite sober—I took the prisoners to the station with the assistance of the other constable—there
were no other persons about at that time—the prosecutrix's brooch was picked up at the station-house door—I produce the mantle, shawl, and brooch.
ROBERT STAPLE (Policeman, G 42). I have heard the account given by my brother constable—it is correct in all particulars—I saw Brown kick the prosecutrix in the head with her foot—I stood opposite, underneath a lamp, looking at them for two or three minutes before I went up to them—I thought she was drunk, and they were helping her up, till I saw the kick—then I went across the road, and the other constable came up at the time.
WILLIAM DONOGHUE , M.R.C.S. I live at 3, Westminster-road—the prosecutrix is one of my patients—I was called in to see her last month—she had several contusions about the right side of her face, four of her teeth were loosened, one of which she will lose—I found it necessary to tie them in—her nervous system is very much shaken, and she is still very ill.
Brown's Defence. I did not assault her. It was a man. She came up and told us a man was following her.
GUILTY .—Brown was further charged with having been before convicted at Westminster, in September, 1859, and sentenced to Twelve Months; to which she
PLEADED GUILTY.**— Six Years' Penal Servitude.
WILLIAMS— GUILTY .*— Five Years' Penal Servitude.
MESSRS. METCALFE and ABEL conducted the Prosecution.
EMMA FOGARTY . I live at 21, Felgate-street, Whitechapel, and am the wife of Samuel Fogarty—I know the prisoner—he was collector for the Royal Liver Society, of which my husband is a member—he is insured for sixpence a week for the sick fund, and twopence for the burial—the subscription on behalf of my children is a penny a week to the burial fund, making altogether 1s. 1d. per week—the prisoner called weekly—he always marked the separate sums on the separate cards—I paid sixpence on the 22d June, on my husband's sick-card—I have here his card of 27th July—I paid the prisoner twopence on that day—I have also the childrens' cards, five of them—I find a penny on each entered—I am not a member, but I always pay the money for my husband and children—my husband never paid himself—the prisoner entered the sums on the curds in my presence—he had a book with him, and he placed the cards on the book while marking them and gave them back one by one—the book was shut when he did that—I find sixpence entered on the sick-card, on 27th July—that was paid, and the children a penny each, making fivepence—I paid all that—I have here the card of 3rd August—I paid twopence then for the burial-fund for my husband, sixpence on the sick, and fivepence for the children—I don't remember seeing the prisoner enter any of those sums in his account-book—I am not in arrears at all to the society; not by the cards—I was not on 3d August, that I am aware of—I always paid regularly every week.
Cross-examined by MR. DALEY. Q. When you speak of entries, do you mean these figures? A. Yes; they were all made by the prisoner at the time I paid the money—I will swear that he had a book on each occasion—it was a book with a black cover—I don't swear that he never wrote in it, but I don't remember his making any entry—we were transferred from another society to this at the prisoner's instance.
MR. METCALFE. Q. Is this (produced) the sort of book he had with A. Yes.
ESTHER GARRIS . I am the wife of John Garris, of 4, Rutland-street, Commercial-road—we are members of this society—the prisoner called weekly, and I paid him sixpence to the sick-fund and twopence to the burial-fund for my husband, and one penny for myself on the burial—sixpence is entered on this sick-card on 22d June—I saw the prisoner make that entry—he brought a book of that sort with him, and I generally saw him make an entry in it, but I don't know what it was.
Cross-examined. Q. You were not examined before the Magistrate, I believe? A. No; this is the first day I have given any evidence—I saw those entries made by the prisoner on the cards; he made three entries—he always entered something in the book.
JANE MARTIN . I am the wife of William Martin, of York-street, Commercial-road—I was in the habit of paying sums to the prisoner for the Royal Liver Society—I paid 1s. 2 1/2 d. a week on my husband's account, and Mr. Cockwell's; he is a lodger in the same house—I have Mr. Cockwell's sickcard here, dated 22d June—I used to pay the prisoner altogether on all the cards—I always paid 1s. 2 1/2 d. 4.—sometimes I missed a week and then paid the two weeks in one—on the 22d there is tenpence entered; that is right—on 27th July I also paid tenpence for Mr. Cockwell—there is tenpence entered on this card—I paid also tenpence on this other card on that day, and nothing on the former week, the 22d.
Cross-examined. Q. Did you observe any book? A. Yes; I have seen him make entries in it—I was not examined before the Magistrate; this is the first time—my husband had been in the club; the prisoner induced us to join the society.
DINAH GALE . I am the wife of Joseph Gale, of Greenfield-street, Whitechapel—my husband is a member of the Royal Liver Society—the prisoner called on 3rd August—I have the cards here—I paid him fivepence on the sick-fund and twopence for my husband on the burial—I have five burial-cards, for my children, of one penny each—the prisoner always made these entries on the cards—he had a book with him—he always marked something in it, but I cannot tell what I paid; one shilling altogether; I forgot myself—it was that sort of book that he had.
HANNAH DODGE . I am the wife of George Dodge, of York-street, Commercial-road—my husband is a member of this society, I am not—the prisoner was in the habit of calling at our house weekly to receive payments—on 3rd August I paid him tenpence; fivepence on the sick-fund, and fivepence on the death-fund—he entered these figures on the cards—he had a book with him of that kind; I cannot say it is the same—he always put the cards on the book, and marked them—whether he marked the book or not I can't say.
Cross-examined. Q. Were you examined before the Magistrate? A. No.
MARY BLIGHT . I am the wife of John Blight, of Gloucester street, Commercial-road—my husband and his brother were members of this society—the prisoner was in the habit of calling on me for their subscriptions—I have the card of 3rd August; on that day I paid 1s. 6d. to the prisoner altogether for sick and burial; eightpence on the burial—I saw the prisoner make the figures on these cards—he always brought a book with him like that—sometimes he entered in the book—I did not take particular notice what he put in the book.
MARY KEMBER . My husband belongs to the Royal Liver Society—the prisoner called on me on the 3d August—I cannot read the card—I paid him fourpence on that day; that was for two weeks—nothing was paid on
22d July—the subscription was twopence a week—I saw the prisoner make a mark on the card when I paid him—he had a book with him of that sort—he made entries in the book at times.
Cross-examined. Q. Did you always pay him the money yourself? A. The twopence I generally left with a person in the house; I paid the four-pence myself—I was not examined before the Magistrate.
SARAH JANE PEARCE . I am the wife of John Pearce, of Great Garden-street, Whitechapel—he was a member of this society—the prisoner was in the habit of calling on me for my husband's subscription—he called on 3rd August, when I paid him fivepence on the sick-fund and twopence on the burial—he entered these sums on the cards in my presence—he generally had a book with him; I don't remember whether on that day he had a book with him—I never observed whether he entered anything in that book; I never saw him that I can recollect.
Cross-examined. Q. Were you examined before the Magistrate? A. No.
RICHARD BALDING . I am the London manager of this society; the branch establishment is at 9, New Bridge-street, Blackfriars—the society was established in 1850, and includes 80,000 subscribing members—the trustees at the present moment are Mr. Charles Turner, Mr. Rathbone, and Mr. Rawlins, the younger.
MR. DALEY. Q. Were they appointed in writing? A. They were appointed at a general meeting.
MR. METCALFE. Q. Are they acting as trustees now? A. Yes.
HENRY LIVERSAGE . I am one of the committee of managers to this society—I have with me a copy of the resolution appointing Mr. Rathbone and Mr. Rawlins trustees to the society—I have the minutes of the 5th June, 1861, taken at a public meeting held in Liverpool.
MR. DALEY. Q. Is that your writing? A. No; the secretary wrote it in my presence—he is now treasurer—the resolution was passed in my presence at that meeting.
MR. METCALFE. Q. Read the proposition? A. "Proposed by John Ripley, of Leeds, seconded by John Ray, of Liverpool, that the trustees appointed by the committee be Samuel Gregg Rathbone, Charles Edward Rawlins, and Walter Ferguss M'Gregor"—Mr. M'Gregor is dead—that resolution was sent to Mr. Tidd Pratt in the ordinary way, and returned to me.
MR. DALEY. Q. How do you know it was sent to Tidd Pratt? A. I saw the form filled up, signed, and also addressed and posted to him—I have come up from Liverpool—I believe the trustees are at Liverpool at present—this resolution is signed by the chairman of the meeting—the trustees have not signed it—they have signed the minutes—it was signed by the then secretary; he was then the principal officer of the society—I believe Mr. Tidd Pratt's clerk has the resolution in Court (produced)—it is signed by Mr. James Stephenson, the then secretary, and I swear to his writing; he is treasurer now—we have another secretary.
MR. METCALFE. Q. And in place of Mr. M'Gregor have you Mr. Charles Turner, the member for Manchester? A. Yes.
RICHARD BALDING (re-called). This (produced) is the original copy of the rules returned from Mr. Tidd Pratt, and with his certificate upon it—the prisoner has been one of the collectors of the society—he has been under me about two years and a half, but I believe he has been in the society about four years—during June, July, and August of the present year he was one of the collectors, collecting chiefly at the east end of London—it was his duty to keep these books, and take them round with him when he received money
and enter it on the card, to return the card to the person paying, and to make an entry in his book corresponding with the entry on the card—Friday was the day he would come to me to account—he would produce this book and make out a slip which should correspond with the total entered in the book for that week—there is the page of the collecting-book referred to in the first column, so that from this you can tell what amount he has attributed to each column in the collecting-book—it was his duty to give me this slip, to produce the book, and then to account to me for the total of the weekly collection—he would pay over the money to me in accordance with those accounts—his signature is at the bottom—on Mrs. Fogarty's sick-fund card on 22d June the prisoner has entered in his book fivepence instead of sixpence—the card is sixpence—nothing is entered on the burial-fund on that day; that makes sevenpence in the burial, and one penny in the sick, deficient—on Garris' on 22d June there is fivepence entered instead of sixpence—to Cockwell on the same day fivepence is entered in the book and tenpence on the card—there is nothing entered in his book on 15th June, the week before—on 27th July there is nothing entered on Fogarty's burial-fund in the book—on the card is twopence and five single pennies—on 3d August nothing is entered on the burial account; by the card, sevenpence was received—on 27th July on Martin's sick-fund fivepence is entered and on Cockwell's five-pence—nothing is entered in either case for the previous week, the 20th—by the card tenpence was received for each of them—there is nothing entered to Gale's sick-fund on 3d August—fivepence is on the card—nothing to Dredge, fivepence on the card—fivepence entered to Fogarty, sixpence on the card—there is nothing entered to Gale's burial-fund, on the card seven pence—Dodge's burial on the same date nothing, fivepence on the card—on Blight's there is nothing entered on the burial-fund—there are ticks made to indicate nothing as in all the others I have spoken of—there is eightpence on Blight's burial-card—on Kemper's there is nothing entered—fourpence was paid for two weeks, nothing in entered for either week—nothing entered to Pearce, fourpence on the card; that makes 3s. 10d. entered short on that day—I have the slips for 22d June, 27th July, and 3d August—I have compared those slips with the entries in the book, and they correspond—all the deficiencies left out in the book are left out in the slips, the slips and the book tally—he accounted on those days from the slip—he did not at any time account to me for any of the sums we have been speaking of, or pay them over to me.
Cross-examined. Q. Was this man in the service when you joined the Society first? A. He was—a person named Degg was the manager before me—I am not aware that ho is here to-day—the prisoner received instructions from him—I don't know where Mr. Degg lives now, his office is in Moorgate-street—in the burial-fund alone, and all new business, the prisoner was allowed to retain six weeks' collection on all newly entered members, not transfer members—the date of the entrance of new members would appear in the book—it was some years ago that he transferred members from other societies, consequently he must know that the members, he collects from now are not new members—he is allowed 25 per cent: on the burial collections and 12 1/2 on the sick—he would not have to account for the six weeks' collections or enter them at all, he would put them on the member's card, but not in his book—I am not aware that the prisoner collected from any members except those he had himself introduced—he had to collect from about 1, 200 people, I think—I believe he did his collection in the week—it would be about 200 persons a day that he would have to collect from—to some places he only went once a fortnight, when they lived at a great distance—he
would have to walk a great number of miles to earn 5s—I would not say twenty—I obtained this book from the prisoner—he has not applied to me since to see it—I believe that an application was made by a solicitor—I believe Mr. Carpenter wrote in reply to the effect that from 10 in the morning till 3 in the afternoon the attorney could see the books, but that they could not be sent to the prison—the prisoner was in Newgate at that time—after this charge was made, the prisoner went round with me to a few customers in one street—when I first asked him he refused—we went to about fourteen or fifteen customers—the mode by which we discover that sums have not been paid, is by comparing his books and the cards—the amount of our income this year is about 77, 315l. for the burial branch alone—I cannot say how much is paid to officers without the balance sheet—I am not aware that somewhere about 29,069l. was paid in salaries to officers, making a whole expenditure of 35,000l.—I think that includes the per centage for the collectors—I cannot say whether the whole expenditure is 35,000l. odd—I have not read Mr. Tidd Pratt's report—I have seen my own balance-sheet.
MR. METCALFE. Q. You say the prisoner was allowed to retain six weeks' collection on new subscribers, are any of those persons whose names are mentioned here and who have been called as witnesses, new subscribers? A. I believe only one—the prisoner's payment was about 33s. a week, and for that he had a great deal of work to do, and a great deal of ground to go over—he did not at first make more than 18s. a week—nobody has been to look at the books to my knowledge since the offer was made—we have always been ready to give them any information from the books—the prisoner was out on bail nine days, I think, after this charge was made—he did not then apply to see the books—to my knowledge copies of the indictment have been sent to the prisoner in this case—at the end of this book there is entered 2s. 6d. arrears—that is brought over from the old to the new book, from a subsequent book—that 2s. 6d. is an arrear for Fogarty's sick fund—according to the card with the prisoner's figures on it, there is no arrear at all in the sick-fund, it is his private mark—I find in the first book that five sums of 6d. each are omitted in Fogarty's sick-fund, which would make the half-crown entered in the new book—in Fogarty's burial-fund, there are two weeks omitted here for all of them—there are no arrears entered in this book—on Joseph Gale's sick-fund in the new book 2s. 6d. arrears are entered; on George Dodge's 1s. 8d., on Garris's 2s. 6d., on Martin's 2s. 6d., and on Cockwell's 2s. 6d.—by the cards there is nothing due; but in his new collecting book all those amounts tally with the omissions in the former book.
COURT. Q. How often did the prisoner have to account by his books? A. Every week the book came in and the slips, and he would cast up the columns, and I should compare it with the slip—one book lasts six months—he would retain it for six months—these several Amounts tally with the castings as the book now stands—I call the figures out to a clerk in the office page by page, to see if they are entered right—I do not add them up to see if it is added right—the prisoner pays in the amount less 25 per cent, on the burial, and less 12 1/2 on the sick—we have a general audit every six months.
The prisoner received a good character:— NOT GUILTY .—(See Third Court, Thursday.)
Confined Four Months each.
OLD COURT.—Thursday, December 3rd, 1863.
Before Mr. Baron Channell.
MR. COLLINS conducted the Prosecution.
The prosecutrix being called upon, her recognizances did not appear.—
MESSRS. SLEIGH and COLLINS conducted the Prosecution.
REV. JOHN HAMPDEN SNOWDEN . On 10th June last, I was the officiating minister at St. Peter's Church, Pimlico—I am the curate—the entry in the register, of which this (produced) is a copy, is in my writing—the original is here (produced)—the whole of this entry is my writing—I do not at all know from whom I got the information—(Read: "Baptisms solemnized in St. Peter's Church, Pimlico. When baptized, "10th June, 1863"; child's Christian name, "Ada Augusta Mary"; parents' Christian names, "Richard and Augusta"; surname, "Dodd"; abode, "14, Little Chester-street;" when born, "May 24th, 1863"; quality, trade, or profession of father, "publican." That entry was made in the vestry, immediately after the baptism, from information supplied by some one present at the christening.
COURT. Q. Can you tell what number of persons were present at the christening? A. I could hardly swear to that—there were two females acting as godmothers, and one male as godfather, and in the usual way I called on one of them to name the child—the expression is, "Name this child"—that is addressed to all the persons present, either as godfathers or godmothers; any one gives the name.
MR. COLLINS. Q. Do you get the further information in the vestry from one of the persons present at the baptism? A. Yes; I did so in this case—I feel quite sure I got that information from a female—I asked the person who gave me that information, some particulars about a boy named Dodd, who I was acquainted with, and who I got a situation—I asked if he was still in that situation—I quite forget what answer I got.
COURT. Q. I suppose you fill in the particulars as well as you can from what is given to you at the baptism? A. Yes; and when I come to a column that requires further information, I apply to some of the parties for it—I should put in the date from my own knowledge, and the child's Christian name from the information given to me at the time of baptism, but when I came to the Christian and surname of the parents, I should ask for it—from one of the persons present, I got the Christian and surname—I got the name of Dodd before making inquiry about the boy—I think when the name of Dodd and the residence came, I at once asked whether the boy was in his place—I asked that of the same person—we make no entry of the godfathers or godmothers.
Cross-examined by MR. ORRIDGE. Q. Do you remember the circumstance of this baptism? A. Very slightly—I do not remember that the name Ada Augusta Mary Dodd was given to me—persons very often, in ignorance, give the surname when children are baptized, and I very often call their
attention to it—I generally, almost invariably, call attention, and say, "Is that the surname?"—I am not able to say that I did so on this occasion—I cannot say one was or the other.
COURT. Q. You christened the child "Ada Augusta Mary?" A. Yes—if the name of Dodd had been given to me, I should have rejected it before the baptism; I should have asked if that was the surname, and if the mistake was corrected, I should only put down the baptismal name—I knew where Mr. Dodd lived—I did not know him personally.
JOHN BENJAMIN COOPER . I am a cordwainer, and live at 15, Little Chester-street, Pimlico—I remember going to a christening at St. Peter's Church, Pimlico—I cannot at all remember the date; it was about June—I did not go there with the prisoner and Augusta Tibble, I met them there—I was the godfather on that occasion—I knew Tibble; she lived at No. 14, Mr. Dodd's, next door to me; she was a single woman as far as I knew—I do not remember who named the child at the christening; I did not stand near enough to hear, being deaf; in fact, I did not pay any attention—all of us went into the vestry after the christening; at least, I went in just against the door, in case I should be wanted; I did not know whether or not I should be wanted to sign my name—I stood just by the door; the prisoner and Tibble went just inside with me—it is rather a large vestry—
(REV. MR. SNOWDEN. It is rather a large vestry—there is a large table in it which stands a very few feet from the door—the book would be on the table at the time of my making the entry—it is my strong impression that two women were opposite me at the table at the time I made the entry)—I saw the clergyman make the entry in the book—I could not speak positively as to where the prisoner stood when the entry was made, but I think she went to the table—I did not hear what was said, I did not pay sufficient attention to it—Tibble stood by me some part of the time.
COURT. Q. Who had the child in her arms before it was given to the clergyman? A. Mrs. Blackburn—I am almost positive of that; to the best of my recollection she had—I cannot recollect who had the child when we went into the vestry.
MR. COLLINS. Q. Did you know that the child was registered in the name of Dodd? A. No; I did not hear that the name of Dodd was given to the child till after there had been some proceedings at the Court.
Cross-examined. Q. Do you live in Mr. Dodd's house? A. The premises belong to Mr. Dodd, and adjoin his; he is my landlord—I seldom go in—I have seen the prisoner's husband there, but not lately—his name is over the door as keeping the public house—Tibble was living in the same house—I don't know how long Mr. Dodd's wife has been away from him; I believe she lives at Battersea now—in June, she was living somewhere in London with a daughter-in-law, I believe—they have been separated for some time—Tibble has lived in Dodd's house, and was confined there—I had no remuneration for acting as godfather on this occasion; I went in place of some one else.
MR. COLLINS. Q. Do you know that Mrs. Dodd was in very bad health? A. Yes; she has had a paralytic stroke, and her brain seems affected; she is sometimes very violent.
COURT. Q. Was there any christening dinner? A. No, I went back to my work directly; I went at a few minutes' notice in place of somebody else who had promised to go, and as soon as I came out I went back to my work again.
beer-retailer—I have a wife; her name is Susan Dodd—I have no children living—in consequence of something I was told, I went to the vestry clerk's office of St. Peter's Church, and obtained a copy of the baptism of Ada Augusta Mary Dodd: this is it—the information on that certificate is false—I know the Rev. Mr. Snowden by going to the church occasionally—I was not aware, until I was at the Police-court, that he had obtained a situation for a grandson of mine; I know it now—the name of Blackburn is on my house—I let the house for a twelvemonth to George Blackburn for the purpose of getting my poor afflicted wife out of it—I wanted to get her into a private place, by the advice of my medical man—Blackburn did not occupy it for a twelvemonth—I have not seen him for this three weeks—I have taken possession of it myself—I never gave up possession particularly, I reserved the right to myself to enter when I pleased—my wife is living with me now, not in the same house—she lived there with me about two months ago—she was living in the same house with me in June—she in paralyzed on one side, and a little affected in the brain, what the medical men call softening of the brain—she was very violent at times, and the medical men recommended that she should be removed from the house three months before I removed her—she refused to go, and I entered into this arrangement with Blackburn to pretend to my wife that I had got rid of the house—that was to get her to remove to a private house, and that was why the name of Blackburn was over the door—she used to disturb my customers—there is no word of truth in the suggestion that I ever took even any liberties with Augusta Tibble—on my solemn oath, I have never had any connexion with her—I first became acquainted with her when my wife engaged her as servant—she came up from the country somewhere between West Drayton and Slough about two years ago—she was an orphan, and I and my wife have acted as parents towards her; we promised her mother to do so when we took her.
COURT. Q. Did you pay her wages? A. Yes.
Cross-examined. Q. Do I understand that she came to your house about two years back? A. Yes—she is there still—she is servant still, and I am living in the house—my wife is in a house of my own at Battersea—she has been there not quite three weeks—I tried to get her into a lunatic asylum, but she was not in that state—that was three or four months ago, or it might be five—Dr. Stephenson is my medical man—Dr. Griffiths has also examined her—I have not seen him since he last examined her—the witness Cooper is living in a part of the same house—my wife did not live in the part in which Cooper was living; she lived in the house with me—we occupied the same rooms, the same bedroom; not always—we ceased to occupy the same bed when she became paralyzed—that was about fourteen months since—I am not aware that she had a pair of black eyes at the time she was taken ill; certainly not, nothing of the kind—she was in the back kitchen washing something, and dropped in the kitchen, I went and caught her in my arms—I did not see her with a pair of black eyes—she remained in the house I occupy after she was seized, where the beer-shop is—Tibble slept in a room adjoining my wife—my room was upstairs in the floor adjoining the bar—my wife always slept in the same bed with me before that time—Mr. Griffiths is the parish doctor—I did not consult him about my wife's sanity, I applied to the overseer first; I took the order from the overseer to Mr. Griffiths, and left it at his house—I did not see him—I never saw him at all from the time of obtaining the order—I never heard the overseer say that the decision of Mr. Griffiths was, that
there was nothing at all the matter with my wife's mind; that all that was the matter with her was the girl, Tibble being in my house—I do not know that that has been said—it never has been said by any one—that complaint was not made to me by Mr. Griffiths, or by any one—I I know Mrs. Cresswell—she lived in the house, as nurse to my wife—she has never complained to me of the girl Tibble being there—I swear that—no complaint has been made to me by anyone of the girl Tibble being in my place—the prisoner has never complained to me of it, nor yet about her being in the house with me and her husband—I was away in the country at that time—I never summoned the prisoner to the police-court for an assault—I gave her into custody for an assault, and took her to the Westminster Police-court—she was not at once discharged—that was since 10th of June—I think it was in September when I came back from the country—it was not in the early part of November, or the end of October—the Magistrate did not discharge her—she had to pay ten shillings, or fourteen days and was bound to keep the peace for three months—a gentleman appeared for her—I don't know who he was—Mrs. Cresswell was in my employment very nearly eight months—Tibble was taken ill either on the 23rd or 24th May—I did not go to Mrs. Cresswell's room, between 3 and 4 in the morning; I called over the stairs—I did not go to her room—I did not lift Tibble out of the taproom into the bedroom—I did nothing at all. I left her to Mrs. Cresswell—I did nothing towards helping her there—I was not feeling her pulse—I might have said, "What can be the matter with her?"—Mrs. Creswell did not reply, "You know, you silly thing, as well as I do; you had better go and see about a doctor"—I did not go about a doctor—I did not continue up with Tibble that night—I did not go in and out of her room—I did not go into her room at all—I did not say to Mrs. Cresswell that when Mrs. Dodd found the girl had had a child she would go mad; I am sure of that—I can't say how soon after she was in labour the doctor came; it might be an hour—the first person I sent for was her aunt, the prisoner, and she sent for a doctor; I did not—I had nothing to do with it—I did not take her meals up into her room for her after her confinement, never—I did not buy a wedding-ring for her—she gave me a ring in paper, and asked me to buy two rings, and I bought them—I was going to my jeweller to have my watch repaired, and she asked me to bring them home, for what purpose I did not know—she gave me the one for the size—I said, "What price do you want;" and she said, "From a pound to twenty-four shillings"—I did not give her the money, only her wages—she was paid her wages—I bought those two rings—I don't know whether one was a wedding-ring, or not—it might be a keeper—it was—I was last at Ramsgate about twelve years ago, and at Margate about sixteen years ago—I have not been to the sea-side lately—Tibble never went out of town with me; that I swear—I paid a guinea to the medical-man for her confinement; no more—I paid no nurse—her aunt had 1l. 10s. of me to get her some things, add she paid me again; I deducted it out of Tibble's wages—the child is here—it is not living in the house with me, only brought up on this trial—Tibble is still living there, but the child is out at nurse in the country it was taken away the same day it was baptized—they have brought it up; occasionally to see the mother, I suppose; I don't know; that has nothing to do with me—I was not aware whether Tibble was single or married—I think I had a foot-board put to my bedstead in the early part of this year—there was not a larger sized mattress or bed; it could not be enlarged, because it shuts up in a case.
MR. SLEIGH. Q. On your solemn oath, is there any foundation what, ever for that which has been insinuated in the questions put to you, that you have had any improper intercourse with the girl Tibble, at any time? A. No; I never had—it was under competent medical advice, and by the recommendation of my medical attendant that I endeavoured to get my wife into a lunatic asylum—there is no truth in the assertion that I ever inflicted personal violence on my wife, or gave her black eyes, or at all ill-treated her—the prisoner has from time to time annoyed and insulted me in reference to this matter.
AUGUSTA TIBBLE . I am residing at 14, Little Chester-street, at Mr. Dodd's house—I am still unmarried—I have been in the service of Mr. Dodd two years—my mother is living—on 24th May, this year, I was delivered of a female child—Mr. Dodd is not the father of that child—I have never had any intercourse with Mr. Dodd—on 10th June last, I went to Mr. Jordan's, the district registrar's office, and registered the birth of my child—no one was with me—I registered it in the name of Ada Augusta Mary Tibble—I did not name any person as the father—I then went to St. Peter's Church—Mrs. Blackburn went with me, and Mr. Cooper met us at the church by appointment—before we got to the church Mrs. Blackburn said, "Augusta; I shall have your child named Ada Augusta Mary Dodd;" and I said, "No"—I told her I had registered it in my own name, Tibble—she said Mr. and Mrs. Dodd had told her I had been a very good girl to them, and always looked after their business, and while I did that I should always remain with them; that Mrs. Dodd was taken ill, and perhaps when Mrs. Dodd died, I might come to be Mrs. Dodd—we then went to the church—Mrs. Blackburn had the baby, and handed it to the clergyman—the clergyman asked who named the child, and Mrs. Blackburn said, "Ada Augusta Mary Dodd"—that was at the font—I did not interfere—I thought I could not then, when she gave the name of the child—after the child had been baptized Mrs. Blackburn took it again, and we then went into the vestry.
COURT. Q. When the clergyman said, "Name this child;" did the prisoner say, "Ada Augusta Mary Dodd"? A. Yes; and the clergyman named it Ada Augusta Mary Dodd—I understand the question—the clergyman repeated the name after her—when he sprinkled the child he gave it the name of Dodd; the same as Mrs. Blackburn told him—I am not speaking of what occurred in the vestry.
MR. SLEIGH. Q. What became of Mr. Cooper when you went into the the vestry? A. He and I went in too—he stood looking at an almanac inside the door, and I stood close to him—I stood at the door, just inside the vestry-door—I did not see the clergyman writing—I did not see him—I could have seen him if I had looked, if I had turned round, but I was looking at an almanac at the time—I did not hear anything that was said to him by anybody—I did not say anything to him—Mr. Cooper was standing at the door along with me looking at the almanac, and Mrs. Blackburn and the clergyman were in the vestry—I saw Mrs. Blackburn come out of the vestry with the child—we came out together—I did not read what was written—I can't read—I did not know from anything that was said when I was in the vestry what had been written; nobody told me—I had never been to a christening, or registrar's before—I did not say anything to Mrs. Blackburn about that, before we got to the church, nor did she to me—I have never said to any human being that the father of this child was Mr.
Dodd—I am about to be married to the man who is the father of the child—the banns have been published.
Cross-examined. Q. Do you mean that you did not pay attention to what was being said in the vestry? A. Yes—I took it for granted that the name that was given to the child in the vestry was the same name that had been given at the font—the vestry is a good sized room—Mrs. Blackburn and I did not stand together opposite the clergyman when he was writing the names in the book—Mrs. Blackburn stood by herself—I was as far from her as I am from that gentleman (a few yards)—I did not hear what she said, on my oath—when the money was asked for the christening I was called to pay it—I paid it to Mr. Snowden in the room—I think the clerk took the money out of my hand—there was no one there but the clergyman, the clerk, Mrs. Blackburn, and Mr. Cooper—everything was quite quiet and solemn—when I went to register the child the gentleman asked me if I was single, and I told him I was, and he asked me my name, and put it down—he did not ask me the name of the father of the child—he did not read over what he had written; I can't say whether he did or not—I made my mark—Mrs. Blackburn was not with me then; I was by myself—when Mrs. Blackburn said to me, "If Mrs. Dodd dies perhaps you will be Mrs. Dodd" I did not make any answer—I did not think I probably might be Mrs. Dodd—I have been living in Mr. Dodd's house all the time, for the last two years—I have been home during that time—my mother lives at Harmondsworth, between Uxbridge and Slough—I went alone—no one met me there, or came to see me there—I have not been out anywhere else besides to my mother—I have not been to the sea-side at all—I don't know where it is—I have not been out on a visit at all—at the time I went to my mother's, Mr. Dodd paid me a visit, because he came down after some keys that I had belonging to him—he only came once—we did not have a little walk together in the lane; I could not walk; I was at home with a bad throat—I did not go out—I went home in consequence of the sore throat—the doctor told me not to go out, and I did not; not at all, only just round the garden—Mr. Dodd did not walk round with me; the path is not large enough for two to walk round—he did not walk behind me—I know Mrs. Cresswell—she was not my nurse—she did not attend to me—she attended to Mrs. Mrs. Blackburn and Mrs. Cooper attended to me—I was taken ill in my bedroom, not in the taproom—Mrs. Cresswell did not come to me—I got up, and came down-stairs, and went up again, and asked her to give me a drop of tea—Mrs. Blackburn was the first person that came to me—until she came Mrs. Cresswell came in and out of my room—Mrs. Cooper brought my meals up to me, always; Mr. Dodd did not—he did not come into my, room at all, only when he came to ask me for the keys to get some lines out of the closet, to make up a bed for some lodgers that came in—that was a week after my confinement—he only came once into my room, not even to ask how I was—I don't know who lighted the fire the night I was taken ill; the potman, I suppose—Mr. Dodd did not Attend to me that night—he was not with me at all—Mrs. Cresswell sometimes made the beds—she never made mine but once—she made Mr. Dodd's bed on that occasion—she said nothing to me about my bed not being slept in—she never said a word about it—Mr. Dodd was not sleeping with his wife at that time, because she was not in a fit state—Mrs. Cresswell never said anything to me about hair-pins that she found in his bed—I am quite sure of that—Mrs. Blackburn and Mrs. Cresswell were not in my room together the morning after I was confined—Mrs. Cresswell did not then ask me who was the father of the child—Mrs. Blackburn asked
me, and I would not tell her—she did not say if I did not tell her she would not remain and nurse me—I did not after she had said that, say, "Well, Dodd is the father of the child"—Mrs. Cooper attended to me afterwards—my aunt Mrs. Hills, came to me on the Tuesday or Wednesday—I never told her or any one that that Mr. Dodd was the father of the child—I do not remember Mrs. Hills saying to me, "Oh, Augusta, what trouble for your poor mother!"—I did not reply, "Aunt, it is no use fretting about mother; it will be no difference to her, as the child will be well provided for"—she did not then say, "Who is the father of your child?"—nor did I then say, "Mr. Dodd"—my aunt did not say, "If I was your mother I would not have you home, but let the old man keep you here, and your child"—no such thing was mentioned—Mrs. Blackburn was not in the room when Mrs. Hills was there—I never said that to either of them—I did not tell Mrs. Hills that Mr. Dodd wanted to marry me before the child was born, so that it should born in wedlock; nor did the prisoner interpose and say, "The old fool, how can he do that; he had better let that alone, he has got a wife living"—my aunt Mary, Mrs. Hills, made a muslin dress for me in the middle of the summer after my confinement—I bought it myself—I did not tell her who bought it for me—she said she had a wedding-ring to sell—I did not ask her if she had one to sell—she brought the ring with her when she brought the dress—I did not tell her that Dodd had bought me the dress, and was going to buy me a wedding-ring—Mr. Dodd was there when she brought the dress home—I put the dress on to see whether it fitted—Mr. Dodd did not put his hand under the arms and say it did not fit very well, nothing of the sort—Mrs. Hill's herself found fault, and had to after it—Mr. Dodd was in the parlour along with my uncles—I fitted the wedding-ring on—she asked me to put it on—it did not fit me; it was too large—Mr. Dodd got me one after that, because I asked him to, and gave him the money to buy it—that was a long time after, not at the same time—I did not show the ring to Mr. Dodd, and take it off and give it to him—I showed it to my uncle, Mr. Blackburn; of course Mr. Dodd could not be of seeing it, because he was in the parlour at the time—I did not take it off, and give it him, saying, "This is for you, my dear, and get another that will fit me"—I remember my grandmother, Mrs. Stuckey, coming to see me one Sunday—I don't know whether it was in the middle of June—she did not ask me to come out with her—when she was going home I went with her as far as the corner—she did not say to me that she did not want to speak before Mr. Dodd, because she had heard he was the father of the child; nothing of the kind—I did not tell her that he was the father of the child, and that I had put it in his name as it was his child, and ought to have his name, that if anything happened to Mrs. Dodd I should be his wife; that he was going to put her in a madhouse, and if he could nut do that he would put her in the Union, and that I would stick to him as long as I lived, as he was the father of my child—I do not know Mrs. Handscomb, of 11, New-court, New-street, Brompton—all I know of her is, that she came and inquired for my aunt one day—I had never seen her before—she came to the bar, and asked if I was Mrs. Blackburn's niece—I said, "Yes"—she asked how long Mrs. Blackburn would be—I said I could not say, as she was gone to London—she had a pint of porter—I did not have a wedding-ring and keeper on—I did not have it on 28th August—I can't say how long ago it is since I had it—it is more than two months ago—not so long as four months—it was a long time after my dress was brought home, about two months—Mrs. Handscomb did not notice my new-looking wedding-ring and keeper, nor did she say,
"You don't mean to say you are married"—I did not reply, "Yes, I am"—Mrs. Cooper came in during the time—I did not turn round to her and say, "I am married, am I not, Mrs. Cooper?"—Mrs. Cooper did not reply, "Oh yes, a long time!"—I did not tell Mrs. Handscomb that I had been married nine or ten months—I invited her into the parlour to wait for Mrs. Blackburn—she sat down and waited till she came home—she did not say to me, "Why, how can you be married when Dodd has got a wife alive?"—I did not reply, "Everybody don't know that"—she did not ask if I was not frightened of Dodd's wife coming to turn me out; nor did I say I was mistress there, or add, "Besides, she is very ill, and will not live long"—I was the only woman waiting in the bar, attending to the business—she did not ask if the old man was very fond of the child, nor did I say, "Yes, and of me too, for he doats on the ground I walk on"—she did not say, "Does Mrs. Dodd know that Dodd is the father of the child?" nor did I reply, "Oh! I don't know; I dare say she guesses it; what do I care?"—I never said any such thing, nor did I add, "One had better, be an old man's darling than a young man's slave"—every word of it is an invention—this conversation did not take place; she never said any such thing to me, or I to her—I did not add, "Besides, I am well provided for; he allows me 10s. a week for the child, and I always send my mother 8s.; and if Mr. Dodd died to-morrow I shall be well provided for; the old man won't live for ever, and then I can have a young one"—Mrs. Cooper is minding the child for me now—my mother had it soon after it was born—I did not send it to nurse anywhere—when I had the money given to me I gave it to my mother, sometimes 5s. and sometimes 6s.—I got the money from the child's father—I do not know any other male person of the name of Dodd, except the Mr. Dodd of Little Chester-street, only his grandchildren—they are young; one is grown up, fourteen or fifteen; the other goes to school—I have sometimes had 5s. and sometimes 6s. a week—I have not had 8s.—I never paid my mother 8s. a week for the child—I have not always had 5s. or 6s. a week from the father; sometimes he has missed, I had it once a fortnight, or once in three weeks, or something like that—I have had it once a fortnight—when he has missed one week, he has paid up the other; so that altogether I have had 5s. or 6s. a week from him—he works at Keats's Yard as coachman; he works in the stable, looking after horses—I don't know the name of the family he is coachman to—the family has the carriage and horses standing at the yard—I believe he drives it sometimes—I am going to be married to him—we have not taken a house or lodging yet—the banns were put up last Sunday—I was bound over to prosecute here this week—the man has been living at Mr. Dodd's—he is not here—I do not know that the family he drives for have been out of town for the season—they are coming to town now—they have been away—he has been out of work—I don't know what his wages are—he has never told me—he is in place now—I don't know that his wages are 12s. a week—I have known him two years—I did not ask him to marry me before I was confined; he asked me.
MR. SLEIGH. Q. You say Mr. Dodd once came down to Uxbridge where you were staying with your mother? A. Yes; he came after his keys which I had taken with me—on my oath, neither at that, or any other time, has there been any improper intimacy between us.
COURT. Q. We have heard that Mr. Dodd has some property, some houses at Battersea, where his wife is, and the house in Chester-street? A. Yes—the prisoner is my aunt—I don't know anything of my aunt's means, whether she has property or not.
ALFRED MERCER . I am the clerk of St. Peter's Church—I produce the original book of register of baptisms—I was officiating as clerk on 10th June last, when this child was baptized—I was at the font, and heard what passed—I do not remember the name of Dodd being given at the baptism—I remember the names being given, but what the names were I do not remember—I do not remember who it was who gave the names to the clergyman—I do not remember whether it was the person who had the child in her arms or not—I went into the vestry subsequently—both the women came into the vestry—I cannot remember their relative positions at the time Mr. Snowden was making the entry—I do not remember how they stood, or which was nearest the clergyman, nor who spoke to him.
Cross-examined. Q. As far as you remember, is Mr. Snowden's evidence correct, namely, that the two women stood opposite the table where he was writing? A. I cannot remember where they stood; it is usual for them to come up to the table, in order that any questions may be asked—I do not remember anything different from the ordinary course attracting my attention that day—if there had only been one woman in the vestry instead of two I should not remember it probably.
COURT. Q. You have no recollection of Anything different from that which Mr. Snowden has told us? A. No.
ARTHUR PENN HEDGES . I am deputy-superintendent registrar of St. George's, Hanover-square—Mr. Chappell is the superintendent-registrar—I produce the original register of births for the Pimlico district—there is an entry of the registry of a birth of a child, called Tibble, on 10th June—I was not present when the entry was made, nor would Mr. Chappell be present.
Cross-examined. Q. Does it appear there that the mother was a single woman? A. Yes; when that is the case no questions are asked about the father; when the mother is married the maiden and married name is given.
JOHN CHANT (Policeman, B 282). I took the prisoner into custody on 16th October—I told her she was charged with causing a false entry to be made in the register-book of St. Peter's Church, Pimlico—she put up her finger, and replied, "Oh! it's that old scoundrel, Mr. Dodd!" pointing to him—he was present with his solicitor—she said, "I meant to bring him into trouble, but he means to have the first pull"—she said that she had been the cause of his expending 2l., and now he meant to make her suffer for it—I could hardly catch the words.
REV. J. H. SNOWDEN (re-examined). I have heard what Augusta Tibble has stated with reference to the name of Dodd being given at the font—my impression is, that the name of Dodd was not given until we were in the vestry, but I cannot swear it.
MR. ORRIDGE called the attention of the Court to a correction, or alteration, on the face of the register, in the form of a note appended by the officiating minister and the churchwardens in October last, under 6 & 7 Will. 4, c. 86, sec. 44, which he submitted would operate as a cancelling of the original entry; so that, as it now stood, the entry would be a true, and not a false one, as alleged in the indictment. MR. BARON CHANNELL did not think that the subsequent correction atoned the offence committed on 10th June, if any offence was then committed by the prisoner. MR. ORRIDGE further submitted that there was no evidence of the prisoner being the person giving the information from which the registry was made, except that of the witness Tibble, who, for aught else that appeared, might herself have supplied it. MR. BARON CHANNELL had at first imagined that the
position of the witness might have turned out to be that of an accomplice requiring confirmation; but she had removed herself from that position by stating that she could not read, and had not heard what passed in the vestry. This point, however, was worthy of consideration, viz., that it appeared doubtful upon the evidence whether or no the name of "Dodd" was given at the font; he was prepared to rule that even if that were so, it would not prevent the prisoner being liable, because she was not charged with anything that occurred in the act of' christening, but with wilfully and knowingly permitting a false entry to be made in the register; now the register went on to describe the father, his residence and occupation, and the question would be whether, if in any of those matters the prisoner gave false information, that—would be the causing of a false entry to be made in any matter relating to the baptism. MR. ORRIDGE contended that it would not: the recent act was a continuation of the former general act; that act (which defined the duties of the registrar), said nothing whatever in regard to his ascertaining the name of the father if the child was illegitimate; therefore this entry was one that never need have been made at all, not being required by law; it was, in fact, altogether an immaterial matter. MR. BARON CHANNELL thought it might be a false entry notwithstanding; and if the Jury were of opinion that it was false, to the knowledge of the prisoner, it would be a false entry relating to the baptism. MR. ORRIDGE. The name of the father did not relate to the baptism, and the falsity must be of a matter relating to the baptism, and that no words or terms denoting parentage were associated with those words; therefore the question arose whether, if the falsity of the entry consisted only in describing the father, his residence and occupation, that was hit by he statute. MR. BARON CHANNEL said that all these were questions which, if it became necessary, should receive consideration.
MR. ORRIDGE called the following witnesses for the Defence:
MARY STUCKEY . I am the widow of Robert Stuckey, and live at Kingston, in Surrey—my husband has been dead thirteen years—the witness Augusta Tibble is my grand-daughter—I knew that the was living at Mr. Dodd's in Pimlico—I heard of her being confined, the Tery day she was confined——when she got better, I went to Mr. Dodd's house on 14th June to see her, to give her good advice—the child was then at nurse at her mother's—I said to her, "Augutsa, I am sorry for your trouble; how do you get on with the old man?" meaning Mr. Dodd—she said, "Grandmother, I gots on very well; he has been a very good friend to my family"—I was told Mr. Dodd was the father, at the time she was confined, and I said to her, "Who did you have this child by? tell me the truth," and she said, "Why, by Mr. Dodd"—she said she had put the child in Mr. Dodd's name, for he was the father, and it had a right to have his name—she said Mrs. Dodd was mad, and he was going to try to put her in a mad-house, and if he could not get her into a mad-house, he would put her in the union—she also said if anything happened to Mrs. Dodd, she should be his wife, and she would stick to him as long as she lived, for he was her child's father—she said she allowed her mother 10s. a week at first for keeping it, and after that she had 8s.—she said the money came from her master, Mr. Dodd—what I have stated is the truth before my Maker and these gentlemen; I would not tell a story to injure her—I told her to behave kindly to Mrs. Dodd, for she did not know what she might come to herself.
Cross-examined by MR. SLEIGH. Q. Where did you come from on 14th June? A. From Kingston, to see my children—I have a large family, all married, and I go to see one family and then another—it was on Sunday, 14th June; I know it very well—I have my certificate as a soldier's widow
to show for a week's holiday—I am provided with a home by the Royal family at the Soldiers' Widows' Institution—I was up in town for a week visiting my relations—I have not got my certificate with me—we generally come out When we are paid, on a Thursday—I can't say whether this was the beginning or end of the week—there was no one present but the girl and me when we had this conversation—I did not wish to bring it up before anybody else—it was as we were going along—she came to put me in the right way as far as St. Saviour's Church, as I was a stranger there and did not know my way—I was going to my daughter's in Walton-street—it was not the day I came to town, or the day I went back, it was about the middle of the week—I come out once a month on a week's leave—I believe I have not seen Augusta to talk to her since 14th June—I did not like to go to Mr. Dodd's house—I came here to-day to speak the truth in my family—I came from Kingston yesterday week—I went to Mr. Hutchinson's to give my evidence—I have had no summons to come here, nor any money, I came at my own expense—the first time I saw Mr. Hutchinson was a week last night, at his office—of course he wrote down what I had to say—I went there to speak the truth—my son, came and told me what he had seen in the paper and brought the paper, and I told him the truth as I have now stated, and I said I would go up and speak the truth—my son said, "If you know about it, mother, you had better go and speak the truth"—when I came to London, I went to Mrs. Blackburn's house to be a little time with her—I told her what her brother had said, but she has never persuaded me to tell anything—she is my daughter, and I am not ashamed to own it—I told Mrs. Blackburn what I had come to town for—she knew that I knew all about it—I always stay a week with her when I come—I was not a week with her before I went to Mr. Hutchinson—she did not take me there; I went with Mrs. Hills, another daughter—I had not seen Mrs. Blackburn then; it was when I first came up—she was at Mr. Hutchinson's office when we went there—before 14th June, I never went to see Mr. Dodd, I went there last Monday to speak to my daughter—I saw Mr. Cooper at the Westminster Police-court on the Saturday, when Mrs. Blackburn was charged before the Magistrate—I was not examined—I went to Mr. Hutchinson's office last Wednesday week; I think it must have been on a Saturday a month ago that I was at the police-court, and it was put off then, and I have never been since—I can't recollect whether Mrs. Blackburn and I went there together—I was staying with her at Walton Cottage, Walton-street, Brompton—I came up on the Friday evening, and went to the Court on the Saturday with Mrs. Hills, I recollect now—Mrs. Blackburn has a husband, but Mr. Dodd has cohabited him there, and he has left my daughter for weeks and weeks, and she has never had a farthing from him, and been obliged to make away with property—she has no children—she does not reside with her husband, he has left her; Mr. Dodd has got him away from her, and got him to put his name up on his sign, on purpose to turn his wife out of doors.
BENJAMIN HUTCHINSON . I am a solicitor, of 136, Warwick-street, Pimlico—I have had charge of the prisoner's case—I remember the examination before Mr. Selfe at Westminster—I appeared for the prisoner—seven witnesses were there for the prisoner; the same that are here to-day, and one besides—on the first occasion Mr. Selfe suggested that from the line of cross-examination of Mr. Dodd I had better take time to consider whether I would cross-examine Tibble, and the case was adjourned for that purpose—on the next occasion I cross-examined Tibble, and then I said the witnesses
we should call would entirely contradict her, but I would ask him whether he would adjudicate upon the case provided they did so—he said no he should not, he should send it to a jury; then I said I should reserve the defence.
MARY ANN HILLS . I am the wife of John Samuel Hills, of 33. Lant-street, Borough—I am the sister of Mrs. Blackburn, and aunt to Tibble—I heard of Tibble's confinement on 24th May last—she was then at Mr. Dodd's at Pimlico—I had been there before her confinement, and I went there two days after it—my brother-in-law, George Blackburn, the prisoner's husband, came to tell us she was confined that same night; he was not living at Mr. Dodd's house then; he was living with his wife—since Tibble's confinement, he has gone to Dodd's, and separated from his wife—two days after I heard of the confinement I went to Mr. Dodd's; I saw Mr. Dodd at the door—the bagatelle-room door was open, and there I saw my brother-in-law—Tibble was upstairs—Mr. Dodd asked me to go up stairs—Mrs. Blackburn and the baby were there, and Augusta and her mother—I said, "Oh dear, what a dreadful trouble for your poor mother"—she said, "Aunt, there is no occasion for you to fret about mother; it will make no difference to her whatever"—I did not like to say that my brother-in-law had told me who the father was, and I said, "Who is the father?" and she said, "Aunt, Mr. Dodd is the father; he meant to have married me before now, that the child should have been born in wedlock"—Mrs. Blackburn said, "Why the old fool, how can he do that when he has a wife living; he had better leave that alone"—some time after I went, and saw her again—she gave me a muslin dress to make for her—I said, "This will do very nicely for out-doors, but you must not wear it in-doors"—"No," she said, "I must keep it on purpose to go out in with Dodd"—at the same time she said, "Mr. Dodd is going to buy me a wedding-ring"—I said, "I have two, perhaps he will buy one of mine for you"—she said, "I shall not want my dress next week; the week after will do, and when you bring that, bring the ring"—I afterwards went over with the dress and the ring—we went into the bagatelle-room, and I tried the dress on, and I gave her the ring; she put it on her finger, and said, "It fits me exactly"—we went into the parlour to Mr. Dodd and my brother-in-law, and she said, "How shall I do now," and she held her hand out at the same time with the ring on—Mr. Dodd smiled, and said, "My eye, Emma; we must put that on one side, for if the missus sees it she will make a fine to-do"—she was called Emma there, though her name is Augusta—Mr. Dodd was smiling at the size of the dress, and she said, "It is not all crinoline, Aunt has made me a muslin skirt under it"—Mr. Dodd looked at me, and said, "You will think me a little bit of a quiz, Mrs. Hills, but I can see a little fault"—I said, "Where?"—he went to my niece, and put each hand under her arms, and said, "Don't you see it is rather loose there! I could see it now before you could"—this is all quite true upon my oath; I should be grieved to come here to toll a lie—my mother came to stay with me when she came to see about my sister's trouble at Westminster—she very often comes to me, and perhaps stays till Friday or Saturday, and then goes to Mrs. Blackburn, and stays a day, and goes to another sister at Kentish Town—she has a week when she comes up—I can't say whether it was the first to go to Mr. Hutchinson to give my evidence—I think I went the first week after the inquiry—some weeks elapsed between the first and the second—I was at the police-court with my mother and the rest, ready to give evidence if called—the day that Mr. Dodd charged my sister with the assault, I was going to Brompton, and called at Mr. Dodd's house, and saw
my niece, and she said, "If Aunt Jemima comes, I know she will murder me," and that was the first I heard of the bother between them—that was a fortnight before he made this charge—at the same time I said to my niece, I hoped there would be no bother while I was there, for I was not well, and had had a sore throat for months—she said, "Aunt, my throat has been dreadful, and Mr. Dodd took me to Margate to see if the change would do me good"—I said, "Have you been to the sea-side?"—she said, "Yes, and as so ill while we were there, when the waitress asked if we should want the bed again that night, Mr. Dodd said, 'No,' he must make the best of his way home to get some help, for he was afraid his missis would be choked.
Cross-examined. Q. When was it that she told you this? A. The same day that Mr. Dodd had my sister locked up for assaulting him; I think it must have in September; it was a fortnight before this charge—she did not say when they had been to Margate, but she must have meant a week or a fortnight before, for she said she had been down home to her mother's since then, at Harmondsworth—she had been there about a week before I called—she did not tell me where they had stayed at Margate; I did not ask her—I went to the police-court by myself, and met my mother there—I had before that been to Mr. Hutchinson's office, and seen his clerk—he took down what I had to say—I was there alone; I was to have met Mrs. Blackburn there, but as I was late she had gone—I had seen her once in the previous week at my house; my mother was not there then I think—we did not all three meet together at my house, and go to the police-office—we went to Mrs. Blackburn's to tea the day of the last examination—my mother and sister and I were not talking it over together before that; I was angry with my brother for letting mother know of it, and I had not seen her till I met her at the police-court the day of the last examination—when my niece said that if her aunt Jemima knew it she would murder her, it was on account of their keeping my brother-in-law at their house, and denying him to my sister—there was a family dispute between my niece, my sister, and her husband, but I had not heard of it before that day—when I went over to see if she was going to keep, the ring, my brother-in-law was there, and she said, "Uncle George is about having this house"—I said, "Is he?"—she said, "Yes, his name is up; it is not settled; the house is to be for us, but it is not settled yet."
MR. ORRIDGE. Q. Then it was not until after 10th June that Mr. Blackburn went to live at Mr. Dodd's? A. No; I was angry with him for letting my mother know; her age is great, and I thought if we could let it go over without her knowledge, it would be best.
COURT. Q. You say you were present on an occasion when the prisoner was there, the baby, your niece Augusta, and her mother? A. Yes; it was then that I said, "What a dreadful trouble for your poor mother"—I said that in the mother's presence; she was crying, and I turned to her, and said, "If it is old Dodd's child, let him keep it; don't you have it at home"—she is a widow, and she said if the child was sent home to her, it would be the ruin of her.
MARY JANE HANDSCOMB . I am the wife of Henry Handscomb, of 11, New-court, New-street, Brompton—I have known Mrs. Blackburn, as a neighbour, between four and five years—she has borne the character of a well-behaved woman—on 28th August last I went to 14, Little Chester-street, to see her—I saw Augusta Tibble at the bar—I said to her, "You are Mrs. Blackburn's niece"—she said, "Yes, I am"—I was a stranger to
her—I asked her how long Mrs. Blackburn would be, as I had not long to stop—she said she would not be long, and I had half-a-pint of beer—I had heard that she had had a child by Mr. Dodd—I observed that she was wearing a new-looking wedding ring and keeper—I am quite positive as to the day—I said to her "Do you mean to say that you are married?"—she said, "Oh, yes"—at that time a Mrs. Cooper came in, and she said to her, "I am, am I not?"—they looked at one another, and Mrs. Cooper laughed and said, "Yes, a long time," and the other said "Between nine and ten months"—Tibble then asked me to go and sit down in the parlour, and I had a pint of beer and sat down with her—I said to her, "How can you be married when Dodd has got a wife alive?"—she said, "Oh, everybody don't know that"—I said "Are you not afraid that Mrs. Dodd will come and turn you out?"—she said, "No, I am mistress here, and the old b—won't come back here again, she is very ill and will not live long"—I said, "I dare say the old man is very proud of the child"—she said, "Yes, he doats on the ground that I walk on; he would give me anything"—I said, "Does Mrs. Dodd know that Mr. Dodd is the father of the child?"—she said, "I dare say she guesses at it, but what do I care; one had better he an old man's darling than a young man's slave; besides, I am well provided for; he allows me 10s. for the child, and I send to the amount of 8s. to my mother every week in grocery, and if Dodd dies to-morrow, I am provided for"—she said, "The old b—won't live for ever, and there are plenty come to this house that I could have.
Cross-examined. Q. Had you ever been to Mr. Dodd's house before? A. Not until 28th August—I think it was on Tuesday, but I am not quite sure—I called there again on the following Saturday evening as I was passing, and had a glass of ale—I never called since—I knew the girl's name when I called, by knowing Mrs. Blackburn, and hearing her speak of her niece—it was she who asked me to come and give evidence about this matter, after she was out on bail on this charge: I went with her to Mr. Hutchinson's office, and I believe what I had to tell was written down—it has been read over to me since; I think last Monday week—my husband is a bricklayer.
MARY CRESSWELL . I am the wife of John Cresswell, and live at 10, Wilton-mews, Belgrave-square—after last Christmas I slept with Mrs. Dodd—I made Mr. Dodd's bed—at that time Mr. and Mrs. Dodd did not sleep together—I have been married six years—I am able to say from the appearance of Mr. Dodd's bed, that he did not sleep alone—I have seen Tibble come out of his bedroom—on 24th May, I was called up between 3 and 4 in the morning by Mr. Dodd—he said, "Get up, get up Mrs. Cresswell, for Emma is ill"—he was dressed—I said, "What is the matter with her, sir?"—he said, "She hurt her back last night, putting Mrs., Dodd in bed"—I said, "Where is Emma?"—he said, "Down stairs in the taproom"—I dressed myself and went down stairs, and she was in the taproom with Mr. Dodd—he said, "Make all the haste you can, and get her a cup of tea for she seems very ill"—I got her a cup of tea—Mr. Dodd kept coming to her every two or three minutes, feeling her pulse—he said, "She seems very ill"—I said, "Yes"—he said, "What do you think is the matter with her?"—I said, "You know what is the matter with her an well as I do you silly man"—I got her upstairs into her bedroom, and he kept coming up and down every few minutes—he brought her up some tea and some brandy—he was up and down till the doctor came—I helped to do any little thing for her during the next fortnight, but I was attending upon Mrs. Dodd—I
saw Mr. Dodd waiting upon the girl during that time; he used to bring up most of her meals—he did that about four days after she was confined—I remember seeing him in her bedroom one morning about 2 o'clock, four or five days after her confinement—on the morning I found her in labour I heard her tell Mrs. Blackburn that Mr. Dodd was the father of the child—what I have stated is the truth.
Q. Have you ever had any quarrel with Mr. Dodd? A. I took his wife in there about nine weeks ago, and he said, "What do you bring her in here for"—she had been away from him for some time, and then came back again and lodged next door—I said, "Of course where your home is, is your wife's homo?"—he said, "B—t you, I will kick you out of the place if you come here"—she is now at Battersea—she was then living with her daughter-in-law, in Duke-street, Bloomsbury—I generally used to make the beds every day—I told the girl one morning that the potman and I believed she had been sleeping with Mr. Dodd—I noticed that her bed had not been laid in—I have not had any quarrel with Mr. Dodd since the time I have mentioned—I have not been in his house since I took her away, except to settle with him—when I went to nurse Mrs. Dodd, she had black eyes from his ill-using her; I did not see it done.
COURT. Q. When did you first become acquainted with the prisoner? A. About February, last year, I think, she came to Mr. Dodd's house—I never communicated to her anything about what I have stated before 24th June.
NOT GUILTY .
NEW COURT.—Thursday, December 3rd, 1863.
Before Mr. Justice, Byles.
MR. PAYNE conducted the Prosecution.
NOT GUILTY .
The Jury being unable to agree, were discharged without giving any verdict.
MR. COOPER conducted the Prosecution.
GEORGE BARKER . I am a livery stable-keeper of 4, Portland-mews, and reside there—prior to 19th November, I had a mare belonging to the prisoner there, and he owed me a bill of 9l. 15s. for its keep and for borrowed money—I had applied to him several times for payment, my last application was in the same week—I saw him on 19th November, after 4 o'clock I think—he said that he had sold the mare for 28l., gave me this cheque (produced), and said that the gentleman lived in Weymouth-street—as the bank was closed, I asked him to go and show me where he received the cheque from—he took me to 4, Weymouth-street, about a mile from my place—(that is seven miles from Tottenham, where he lives)—I did not think proper to go in—I saw the name of Harvey & Co. over the door, and the prisoner said he thought I might take the firm for 1,000l. and that Mr. Harvey gave him the cheque at his house—I said, "Very well, I am satisfied"—I then went with him to the stables and let him have the mare he said he would call between 12 and 1 next morning for the balance of the
cheque—we then had a glass of ale each at the public-house—I took the cheque to the bank next morning, and it was returned with "no assets" written across it—I then drove down to Tottenham to the prisoner, and told him he had not called for the balance of the account—he said that he had not had sufficient time—I said that I should give him in charge of the inspector who was with me, and he must come with me to Marlborough-street.
Cross-examined by MR. WILLIAMS. Q. How long had the prisoner's horse been at your stables? A. Near eight weeks—the prisoner paid me a 30l. cheque some months before—he told me before I went to Weymouth-street, that a lady and gentleman bad come to the yard to buy the none, that the gentleman represented himself as Mr. Harvey, and gave him a cheque, and was going to send a groom to fetch the horse—my wife was present when the lady and gentleman came—she is here—she was called on the first occasion before the Magistrate—I said at the prisoner's request I will go and make a little inquiry—Harvey's is a very large house of business—the Magistrate remanded the prisoner on his own recogizances, and he appeared a second time.
WALTER FLOOR I am cashier at Messrs. Scott's bank, 1, Leicester-square,—there is no account there in the name of Harvey & Co.—this cheque was. presented for payment, and I refused it—I do not know who wrote "No account" across it.
ROBERT JORDAN . I am a surgeon of 44, Weymouth-street—I carry on business under the name of Harvey & Co. and sell patent medicines—"Harvey & Co." is written up over my door, but there is no Harvey living in the house—I am the only person representing the firm—I have never seen this cheque before—I did not give it to the prisoner, or give anybody authority to sign it—I never saw him till he was taken up.
Cross-examined. Q. Did he call at your residence? A. I do not know that he did—I never saw him.
WILLIAM BOWLER (Police-inspector N). On 20th October, the prisoner was given into my custody, at Page-green, Tottenham—I said that Mr. Barker gave him in custody for uttering a forged cheque, with intent to defraud him of 9l. 15s.—he said that he had a horse at livery at Mr. Barker's, which he had sold for 20l. to a gentleman who was apparently well dressed, and that he promised to call for the change, but had not done so, as he had had no opportunity, having been detained on business at Clapham.
MR. WILLIAMS to GEORGE BARKER. Q. Did you and the inspector go to a public-house in Way-street, to make inquiries? A. I inquired at the baker's if they knew Messrs. Harvey, and they said that they were very respectable people—after that a saddle was put on the mare, and a groom, who I did not know, took her away—I have known the prisoner six or seven months.
COURT. Q. What time was he seen at Tottenham? A. 10 o'clock at night.
MRS. BARKER (examined by MR. WILLIAMS). I am the prosecutor's wife—the prisoner had a horse standing at his stables—I was present when a gentleman drove up about it—I heard what passed between him and the prisoner—he was to give 28l. for the deal of the horse, and said that he would send for it soon—I know of my own knowledge that the prisoner had advertised it for sale.
MR. COOPER. Q. How many days was this before the cheque was given to your husband? A. It was on the same day that the horse was taken away
—it might be 4 when he left, and the horse went away about 5 o'clock—my husband was not in the yard when the gentleman came.
The prisoner received a good character.
NOT GUILTY .
THIRD COURT.—Thursday, December 3rd, 1863.
Before Mr. Common Sergeant.
MR. TAYLOR conducted the Prosecution.
WILLIAM THOMAS . I am an electro-typer, of 6, Olney-street, Walworth—about ten minutes to 10 on the night of 17th November, I was in New Bridge-street Blackfriars, waiting for a bus just outside the door of the York Hotel—the prisoner accosted me, and I had some conversation with her—I observed two gentleman, in appearance, standing outside the hotel, one with a peculiar thick stick—I had a watch and short Albert guard attached—I pot my hand down and felt my chain hanging down, the watch was still in my pocket—I took it out of my waistcoat-pocket and put it into my trousers-pocket—immediately afterwards I felt a movement at my trousers-pocket, and saw the prisoner's hand leave there, with the watch in it—I seized hold of her hand, at the same time she gave a cough, and three men rushed round the corner—one seized me behind, and I immediately felt a blow on my head—my hat was completely crushed—they hustled me about, called me a villain, and requested me to leave the woman alone—the prisoner stooped and bit me on the hand, and I was forced to let go of her—the other two men pulled me about, and kept me away from the prisoner, and I distinctly saw her pass the watch to one of the men—I was being pushed about—I was pushed ten or twelve yards up and down—I watched the prisoner proceeding up the court, while two of the men had hold of me—when they let me go, I immediately pursued the woman—I overtook her at the top of the court near Ludgate-hill, and gave her in charge.
Cross-examined by MR. WARTON. Q. Do you not get your living by assisting the police? A. Not in the least—I have never been a witness in a Court of Justice, before; that I swear—I never made a charge against any person before—I was about two yards from the door of the York Hotel—I have never said at any time that I was on the other side—Little Bridge-street runs up the side of the hotel—my suspicions were not exactly excited when I saw my chain hanging down, because I am in the habit of changing my clothes in the evening, I came away in a hurry, and on a previous occasion I left in chain hanging down, and I thought I might have done so on this evening—I may have gone a few yards up Little Bridge-street with the woman, before the robbery; I can't say—I don't know—I did not go into St. Martin's-court—I did not take liberties with her or she with me; I swear that—I believe I said at Guildhall that she behaved improperly—that is not so; she did not behave improperly—(MR. WARTON put in the witnesses depositions, which contained these words: "I was not standing there for any improper purpose. She behaved improperly, but not with my consent")—I consider she behaved improperly to me when I wished her to go—I don't consent to being robbed—I consider she behaved improperly by detaining me when I wished to go—I did not give her any money—she asked for a shilling.
evening of 17th November, I was on Ludgate-hill, near St. Martin's-court, and saw the prosecutor holding the prisoner—he gave her into my custody for stealing his watch—no watch was found.
Cross-examined. Q. I believe she at once denied it? A. Not in my presence—she was searched by the female searcher, and 1s. found on her.
GUILTY —She was further charged with having been before convicted of felony, at Clerkenwell, in May, 1861, in the name of Catherine Smith, and sentenced to Eighteen Months Imprisonment; to which she
PLEADED GUILTY**— Five Years' Penal Servitude.
MESSRS. METCALFE and ABEL conducted the Prosecution.
HENRY LIVERSAGE . I am one of the committee of the Royal Liver Society—I have the book here—the trustees are Mr. Samuel Greg Rathbone and Mr. Charles Edward Rawlins, june., and at that time also Mr. Walter Ferguss McGregor, who is since dead—I have here the same documents I produced yesterday—I have a copy here of the minutes of the meeting of the 6th June, 1861, which was sent to Mr. Tidd Pratt—the resolution is signed by the trustees and the secretary, and deposited with the registrar—it has the signature of three members, which I saw attached, and the then secretary.
Cross-examined by MR. DALEY. Q. All you know is, that it was sent to Mr. Tidd Pratt? A. No; I saw it signed, enclosed, and I believe I saw it registered also; I may be wrong—the directors were not appointed in writing at that time—those rules were not in force then—they were allowed to remain without any agreement in writing—the auditor is not here to-day—we have a public accountant—he is the auditor to this society—Mr. Degg appointed the prisoner—he was empowered to appoint collectors under him, and he gave the prisoner his instructions.
MR. METCALFE, Q. After you came in as manager, was the prisoner still kept as a collector? A. Yes; Mr. Degg was merely one of the agents in London; we have two agents in London—he collected about 150l. a year at that time out of about 60,000l. a year—we have 80, 000l. a year collected now, and he collects about 200l. or 300l. a year—members are enrolled from a halfpenny each payment—he has 1,200 persons to collect from—they were brought by himself—we pay the collectors a commission on the persons they bring in—he only has commission upon those from whom he collects—the real collections prove that the prisoner ought to have paid 7l. or 8l. a week instead of 5l. or 6l.
RICHARD BALDING . I am manager to this society—on Mrs. Gale's burial cards of April 27th, sevenpence is entered altogether on five cards, and nothing is entered in the prisoner's book—the book treats each card separately—there are little ticks in the book to indicate nothing paid—on Fogarty's card of the same date sixpence is entered, and nothing in the book only a tick—on William Blight's card of the same day, fivepence is entered, nothing in the book—on Westall's sick card is entered tenpence, nothing in the book—there is a cypher on the card the previous week, meaning nothing paid, and nothing is entered in the book for that week—on Cock well's sick card of the 27th, tenpence is entered, and nothing in the book—there is fivepence in the book for the previous week and nothing entered on the card—on adding up that column there is a discrepancy of a penny only; a penny too little—on 25th May, on Westall's four cards, there is fivepence paid
altogether, and no entries in the book—on Garris's two burial cards there is threepence entered, nothing in the book—there is sixpence entered on the sick-card and fivepence in the book—on Fogarty's sick-card there is sixpence and fivepence in the book—on the 8th June, on Dodge's card, four items are paid, amounting to fivepence altogether; there is nothing in the book—on Fogarty's sick-card of that day, sixpence is entered, and fivepence in the book—on Garris's sick-card sixpence, and fivepence in the book—on William Blight's sick-card tenpence, and fivepence in the book; there is nothing on the card for the previous week, and fivepence in the book—on adding up that column I find 1s. 5d. short—(MR. METCALFE proposed to give evidence as to other items, not charged in the indictment, on the authority of the case Reg v. Richardson, Cox Criminal Cases, vol. 8, in which it was held by Mr. Justice Williams, that such evidence was admissible. MR. DALEY objected to such a course, as the case referred to was the only one on the subject, and there had been no corroboration of it. The COURT after consulting MR. BARON CHANNELL consented to receive the evidence, and reserve the point if it became necessary for the Court of Criminal Appeal, upon which MR. METACALFE declined to offer the evidence.
MR. METCALFE to RICHARD BALDING. Q. Did the prisoner account to you on the same sort of slips that you mentioned yesterday! A. Yes, he has not paid over the sums I have mentioned.
Cross-examined. Q. When he commenced as a collector in London, had he to work up these collections? A. Yes; he gave me a slip, a copy of the book, and I looked only at the sum-total at the bottom—I did not add it, only looked at it—he gave in his book at the end of every six months—I believe an application was made to go through the books since he has been in Newgate, and it was said that they would be sent to his attorney, but not to Newgate—he might have to walk fifteen miles to earn five shillings—he had to collect from about 1, 200 people in a week, I believe, and all of those were introduced by himself—I was in Court when he was acquitted last Session (see Vol. 58, page 550)—there was one indictment taken, and he was acquitted on that—he was acquitted yesterday—there are different members named in this indictment to what there were yesterday—the evidence is exactly the same excepting that they are different columns; these are casual cases—we could, not bring 1, 200 people to prove them all—the society's income is about 80, 000l. on the burial-fund—I can't say what the expenses of management are—I have nothing to do with the balance-sheet—I have not seen Mr. Tidd Pratt's report of this society—I mean to swear that I do not know the expenses of the society; nothing except my own—I have not heard complaints made by members of the enormous expenditure in salaries and so on—the prisoner was written to by me, and he attended at once—I heard Mr. Stevenson say there were errors in his accounts—the prisoner did not then say, "Yes, there are; we are all liable to error"—he said there were errors in his book—I think the words were to this effect, "I know there are errors in my book, and that is the reason I object to go round"—he would not go with me at first to the customers—I said, "We are determined to find them out," and he said, "Very well, I will go round with you"—I wanted to go round with him, because he would not tell us who the members were—I prosecute here for the society—I don't know whether, if he is acquitted on this we shall go on with another trial—we have found discrepancies amounting to 50l.—I was about stating the manner in which we found the discrepancies out, but I was stopped—I did not tell Mr. Metcalfe that there was 50l. defalcation yesterday; he did not ask me the question—
he had the books before him—I did not say it yesterday, because we only had a certain number of witnesses, and we could not prove it—it is the duty of the auditors to go over these books—they are sent to Liverpool in a systematic way, and are audited at our general office there; the auditor does not come up to London to do them—I heard the learned Judge allude to fivepence which the prisoner had credited to himself—I have not looked at that since—I knew yesterday that fivepence was credited in his favour—I don't think it was unfair to the prisoner to have kept that back—if the question had been put to me I should have answered it in the way I do now—I know a great many things in this case which I have not uttered, which would perhaps be disadvantageous to the prisoner if I did utter them; I swear that—when the member does not pay, the prisoner would put a cypher in his book and on the card.
MR. METCALFE. Q. Did you communicate to the attorney that there was a sum of 50l. deficient? A. I said I believed that if all the discrepancies were proved there would be more than 50l. deficient—I said that before yesterday, not since—I also heard that communication at consultation—if we had to prove that 50l. it would require some hundreds of witnesses in order to do so—I should say that, taking the books and the cards, there is 50l. short—I am positive there is more than 40l.—I should say there are about 1,600 to 1,800 collectors to the society altogether—the money is collected in very small sums in London and all over the country—we have 80, 000 members—we do not consider them members until they have been in twelve months—the 40l. I pledge myself to, runs over the last six months in the old book.
COURT. Q. Have you arrived at that result in a general way by looking at the omissions in his book of entries on the cards? A. Yes—wherever there are castings against himself he is credited by the auditor, and wherever he has not debited himself enough he is debited by the auditor—in the 40l. mentioned I have not allowed anything for errors he may have made against himself.
— GUILTY.Recommended to mercy by the Jury and prosecutors on account of his previous good character.
— Confined Six Months.
MR. POLAND conducted the Prosecution.
GEORGE TILLEY (City-policeman, 643). About a month ago I received a communication from Mr. James Forster, of the Railway Tavern, London-street—the prisoner was at that time his barman—on Tuesday, 3d November, some shillings, florins, and half-crowns were marked by Mr. Forster and myself, and on that evening I went to the house in plain clothes, as an ordinary customer, and gave the prisoner, who was serving, some of the marked shillings and florins, and received my change—on the following evening I also gave several florins and some shillings to the prisoner personally, received my change, and went away—on the next morning, Thursday, between 9 and 10 o'clock, I and another officer were watching Mr. Forster's house—I saw the prisoner come out and go towards Northumberland-alley, Leadenhall-street—a woman joined him about thirty or forty yards from Mr. Footer's, in Fenchurch-street—she was waiting for him—they went to the Saracen's Head, in Northumberland-alley—I did not go there; I knew that Mrs. Boyer was in there—I saw them come out and go into Gracechurch-street, where they separated—I followed the woman and asked her for a parcel—she refused to give me any answer at first—I took her up the station, and she then handed me this parcel (produced)—it contained five florins, four shillings,
and four sixpences—I examined them—I identify two shillings and one florin, which I marked—I speak positively to those three—the woman was locked up, and afterwards proved to be the prisoner's wife—my brother officer afterwards went to Mr. Forster's—I looked at the change I got to see if there was any of the marked money in it—I did not get any of it in change—I can't say what the prisoner did with the money when I gave it him.
Cross-examined by MR. SMITH. Q. Did you go in and ask for refreshments? A. Yes; I went seven or eight times in the evening—I tendered on the Tuesday four or five shillings and five florins—I had refreshment on each occasion I went in—not always the same; sometimes a cigar, no beer, sherry and port—they charge threepence for a glass of sherry—I had a friend with me—I gave a fresh coin every time—I did the same on Wednesday—I had nothing but marked money in my pocket when I went into the house—I always examined the change I got accurately—I am quite certain I had none of the marked money given me back in change.
MARY ANN BOYER . I am the wife of Henry Boyer, and am female searcher at the Bishopsgate-street Police-station—I was directed to go to the Saracen's Head, Northumberland-alley on Thursday morning 5th November—I was there when the prisoner came in with a woman—they called for a quartern of brandy—they then stepped a little distance from me, and I saw a small parcel of something pass from the prisoner's hand to the female's—he took it from his right-hand pocket—I afterwards saw the female before the Magistrate—she is the prisoner's wife—Tilley had communicated with me, and I was there expressly to watch.
GEORGE WHITNEY . I am a detective police-officer—on this Tursday morning morning I was with Tilley in plain clothes, and saw the prisoner and the woman go into the Saracen's Head—when they came out they separated at the top of Northumberland-alley, and the prisoner went into a barber's shop—I saw him an hour afterwards in London-street, after the female was charged—he was outside his master's house—I told him I wished to examine his boxes—he said, "Very well," and went back with me—he said, "Here are the keys"—I then asked him if he had been out—he said, "Yes"—I asked him if he had met any person—he at first declined to answer, saying he would tell the Magistrate—as we were going to the police-court I told him he need not answer my questions unless he liked—I then asked him if he had met a female—he said he had met his wife—I asked whether he had given her a parcel—he said, "Yes"—I said, "How much?"—he said, "Eighteen shillings"—I asked where he got it from—he said, "It was paid to me last night by a party who owed it me"—I asked him who that was—he said he should tell the Magistrate—I searched his boxes, but found nothing—on the way to the station he said that eight shillings of the money had been paid to him on the previous night, and ten shillings that morning—I asked him then by whom, and lie declined to tell me—I was present when Mr. Forster marked the money—I can identify three florins and two shillings.
Cross-examined. Q. Did you put another question to him then after he had declined to answer? A. I did—I think that is part of my duty.
MR. POLAND. Q. Were you before the Magistrate? A. Yes—the prisoner did not tell the Magistrate of whom he received this money.
JAMES FORSTER . I keep the railway tavern, 2, London-street, Fenchurch-street—the prisoner was in my service from 10th October till 5th November—when he applied for the situation I asked him if he was married—he said he was unmarried—for some reason I communicated with the police, and acting under their advice I marked some money on Tuesday and Wednesday,
and gave it to them to pass—I always examine my tills the last thing at-night—I don't recollect whether there were any marked shillings in them on that night, but I found six marked half-crowns in the half-crown till—they are kept separately—on Wednesday-night I examined the tills, and left 10s. worth of money in each, two marked shillings in each of the three tills—on Thursday morning, about 7 o'clock, the prisoner came to me for the keys of the tills—I gave them to him—I went to the bar about half-past 9, examined the tills, and found that three of the marked shillings were gone—I only found three there—the officers afterwards came to me, and showed me some of the marked money in this packet—I identify three florins and two shillings in this packet, which I marked—I had given that money to the officers for the purpose of passing at my place—I have two barmaids and a boy in my service.
Cross-examined. Q. You say the prisoner represented himself as being a single man? A. Yes—I should not take a married man—he would probably know that, and that would be his motive for misrepresenting it—I found the takings were considerably less than they ought to have been—sometimes we clear the tills in the day, but having a half-crown till keeps the others comparatively clear—I have sometimes had as much as 15l. in half-crowns—I have a potman—he has access to the bar, but not to the tills—he goes behind the counter to clean it—the tills had patent locks on them—I had not paid the prisoner his wages; nearly a month was due to him—he had 30l. a year.
The prisoners statement before the Magistrate: "I leave it in the hands of my solicitor."
MR. SMITH called
WALTER FRANCIS . I have been a beer-shop keeper—I am going to open the Broad wall Dairy-farm next Saturday—I have known the prisoner ten or eleven years—I have borrowed several sums of money of him at different times—somewhere about the beginning of November I was in his debt to the amount of 16s.—on either the 3d or 4th of last month, on a Wednesday I went to Mr. Forster's—I had three of cold brandy, and paid the prisoner with a sovereign—he gave me the change, and I was going away, when he said, "Well, Francis, old chap, you may as well pay me that bit of stuff you owe me"—I said, "All right George, old fellow, you shall have it," and I took the change he had given me out of my pocket again, and paid him 16s.—there were some florins and shillings in it—I recollect there being some florins, because I remarked that one of them was so small—it was one of the old-fashioned ones.
Cross-examined by MR. POLAND. Q. Where do you live now? A. Broad-wall Dairy-farm, Stamford-street, Blackfriars—I was living there on the Wednesday that I saw the prisoner—I know a person named Cheltenham—he is no friend of the prisoner—he is a very particular old friend of mine—he was tried at the Surrey sessions about two years ago—that was not for housebreaking—I was his bail—he was acquitted—he was taken because he was walking along the street—there was so much bother, I can't tell you what he was tried for—I knew very well he would never be guilty of it—it was not for being found on some premises at 2 in the morning, with housebreaking implements in his possession, and the prisoner was not charged with being with him—Cheltenham was tried again after that—I was his bail then—that was for being in connexion with a man named Ash—I believe Ash went into a grocer's shop, and took a bottle of preserves, and I believe Cheltenham was tried for being with him—I have not heard that Cheltenham gave the prisoner she character by which he got into Mr. Forster's service—I have not heard
that there is a warrant out against Cheltenham for giving the prisoner a false character—I don't know where he is now—I borrowed the 16s. of him when I first took the "Southampton Arms," three months ago—I have known Mr. Cheltenham when he kept a very respectable shop in Drury-lane—I was not before the Magistrate.
MR. SMITH. Q. I believe, although he was unfortunate enough to be tried twice, he was in both cases acquitted? A. He was—I think the prisoner was out of a place when he lent me the 16s.
GUILTY .— Confined Twelve Months.
GEORGE LERIGO . I am second usher at the Clerkenwell Police-court—on Saturday, 24th October, there was a summons against a Mr. Andrews, signed by Mr. Barker, the Magistrate of that Court—I have it here—it is directed to Samuel Andrews, St. Pancras workhouse, commanding him to appear before the Magistrate, T. H. Barker, Esq. on Friday, 12th, for that he had been charged with unlawfully assaulting and beating one James Abel—that summons came on to be tried on 24th October—Mr. Andrews appeared—he denied the charge—I administered the oath to the prisoner on the Holy Gospel—the clerk took notes of his evidence—I produce them now (read: "James Abel, upon oath, saith as follows:—'On the 17th of this month, at 11 o'clock, I applied to the relieving officer for relief; I was handed by Mr. James a ticket—I asked if it was for a 2-lb. loaf; Mr. James said it was; the defendant Andrews then said, "I will give you a 2-lb. loaf," and he left his stool where he was sitting in the office, and came and struck me under the right ear three times, and knocked me down and kicked me." In cross-examination he said: "I have been brought up in the workhouse. I have been nine times brought up for assault. Ann Abel, Watts, and Gurton were present. Mr. James was present when Andrews came off the stool, and kicked me behind without saying a word"—at the end he said, "Loader was not present at the time"—he swore that positively.
SAMUEL ANDREWS . I am assistant relieving officer to the parish of St. Pancras, and have been so twelve months—I was summoned to the Clerkenwall Police-court for an assault, on 25th October—on that occasion the prisoner swore that I struck him three times under the ear—on Saturday morning, 17th October, the defendant applied to Mr. James for relief—he was supplied with a half-quartern loaf—after he had received it he said to Mr. James, All right, I will give you a b—topper"—Mr. James was talking to him about some violent language he had used on the Friday evening before some of the directors—I said, "We don't have such language as that here, you had better go out"—he said, "What the b—h—has it to do with you"—he then passed by my desk in the office, and deliberately spat in my face—I saw Loader the beadle at the door at that time—I got from my seat and said, "We must eject this man"—I then took hold of his arm, and with the assistance of Loader, ejected him from the office—the woman Abel was not present at that time, or the woman Watts—Loader was at the door when the prisoner spat in my face—I don't say he was present before that—I did not strike the prisoner—I did not strike him three times under the ear, or at any time—he is one of the paupers receiving relief from the workhouse.
Prisoner. Q. Did you not say, "I will give you a 2-lb. loaf if you don't be off?" A. No; that is not true—I did not get off my stool and knock you down, kick you on the throat, and make your mouth bleed.
THOMAS JAMES . I am assistant relieving officer of St. Pancras—I was present at the relieving office on 17th October, when the prisoner applied for relief—I relieved him that morning between 10 and 11—I talked to him and told him his conduct must be more respectful than it had been on the previous day—I gave him a 2 lb.-loaf, and he said, "I will give you a b—topper; I will do six months for you if you don't let me in"—he then went to Mr. Andrew's desk, and deliberately spat in his face—Mr. Andrews got from his desk—Loader was at the door at the time, and they just put him out—he was never struck at all—I was there the whole time—Ann Abel and Watts were not present—Loader was at the door, and could see what took place in the room.
Prisoner. Q. Did not you say, "I will give you a 2-lb. loaf if you don't be off? A. Certainly not.
ROBERT CLANKY . I am one of the relieving officers of St. Pancras—about 11 o'clock, on the morning of 17th October, the prisoner applied for relief—I saw him spit in Mr. Andrews' face—Mr. Andrews got off his seat, and with the assistance of Mr. Loader he was put out of the place—there was no violence used whatever—I swear positively there was no blow struck whatever—there were no women at all present—the men are served first before the women are let in—Loader was in the passage at the time—he could have seen what happened.
GEORGE LOADER . I am beadle of the parish of St. Pancras, and have been so eleven or twelve years—on 17th October, I was in the room adjoining the relieving officer's room, between 10 and 11—I heard rather loud talking, and very coarse language, and made my way to the door, when I just saw Abel spit in Mr. Andrews' face—the door was wide open—I did not see Mr. Andrews strike the prisoner at all—he said to me, "Give me assistance;" which I did at the moment, and we removed the prisoner from the room quietly—I never saw the two women Abel and Watts there then—the men were being relieved at that time—I am quite sure no blows were struck—I must have seen the two women if they had been there.
Prisoner's Defence. I am not guilty; I never opened my mouth to the relieving officer.
George Harry (Policeman, S 47), stated that the prisoner had been charged nine times with assaults.— Confined Eighteen Months.
ALFRED THOMAS SHARP . I am foreman to Mr. Thomas Wilkinson, wharfinger—he owns a ship called the Express—the prisoner was employed on that ship as ship-worker, or labourer, but not by Mr. Wilkinson—the cargo was mostly India-rubber, and there were some Brazil-nuts—the prisoner was working on board, on Thursday, 12th November—in consequence of something I saw, I followed him—on three occasions I missed him, but on the fourth, I followed him to a marine-store dealer's, of the name of Mrs. Daley, at St. Mary-at-Hill—I watched him into the shop, and then ran to the top of the street, and fetched a constable—as we came back, I saw the prisoner coming out of the shop—he went across the road, and spoke to another man—I then went into the shop, and saw a woman with a piece of rubber in the scale, weighing it—it was similar rubber to that which I had
seen on the ship—I have brought one piece here from the ship, and these are the pieces that were found in the shop (produced)—I found these other pieces in a bag in the shop, on the top of a cask—there were about a dozen pieces in it—the woman ran upstairs directly I went in, saying, "I know nothing about it"—that was before I said anything to her—the prisoner was not in the shop then—the policeman came in with the prisoner, and he had to call her three or four times before she would come down—I afterwards saw a hole in the ceiling of the shop with a piece of glass over it—I afterwards examined one of the cases on board the ship, and found that a great many pieces, similar to these, had been taken out of it—when the woman came down, she said she had never seen the prisoner, and did not know how the rubber came into her shop—I should think this is worth four shillings a pound—I believe twenty-eight or twenty-nine pounds was found altogether—the officers weighed it at the station.
Cross-examined by MR. WARTON. Q. Where was the ship lying? A. Alongside Botolph Wharf, Lower Thames-street—the third ship out—there were about four ships there at the time—India-rubber is very largely imported, and used in this country—this is as it grown on the tree—this is the ordinary way of bringing it over—the pieces are generally about the same size—I believe, about ninety-six pounds is the whole quantity missed—there are men called lumpers, who employ labourers to unload vessels—there were five or six men working on that vessel on that day—I am acquainted with one of them who followed the prisoner up to the shop—he goes by the name of "O. G."—he went with the prisoner the fourth time, and waited outside the shop—I first learnt the prisoner's name at the station—I had never seen him before—I noticed him on this day by his coming ashore several times—I did not notice "O. G." come ashore—I believe Mrs. Daley is not here—she was called up at the Mansion House, but Mr. Goodman would not take her as a witness—I was not present at the time—I heard her give some evidence to clear herself—the prisoner said he knew nothing about it—he appeared to be bulky when I saw him, and that was one reason why I noticed him.
MR. PALMER. Q. Did you see the man you call "O. G." leave the ship with the prisoner? A. Yes; and go with him up to the shop, and wait outside for him—he made his escape.
HENRY ROBINS (City-policeman, 532). On Friday afternoon, 12th November, about 3 o'clock, I was on duty at the top of St. Mary-at-Hill, and Mr. Sharp called me—in consequence of what he said, I went towards the marine-store dealer's shop, and stopped the prisoner about a couple of yards from the door—he was going over to a man named. "O. G." when I took the prisoner back to Mrs. Daley's shop—"O. G." went off down St. Mary-at-Hill—as I entered the shop Mrs. Daley was going upstairs—I saw a piece of India-rubber of this description in the scale—I then called to Mrs. Daley four or five times, and she refused to come down—I looked round on the left-hand counter, and saw a bag containing a quantity of India-rubber—Mr. Sharp said, "These are the goods"—I then said, "Mrs. Daley, you must come down and inform me how you came in possession of this property"—I could see her looking through the glass which was let in underneath the table upstairs.
Cross-examined. Q. Was the prisoner there all the time? A. The whole time—Mr. Sharp entered the shop about half a minute before I was there—I was close behind him—I was with Mr. Sharp four or five minutes
before I stopped the prisoner, about twenty-five or thirty yards from the shop.
COURT. Q. Did you charge the prisoner with anything? A. Yes; I told him when I stopped him—Mr. Sharp said, "I give this man into your custody for stealing goods from my wharf"—after we came from the shop I told the prisoner he must accompany me to the station—he said he knew nothing about it.
— GUILTY .
— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
THOMAS COULTER KERR . I am an officer in the Royal Naval Reserve, and reside temporarily at Hanover-park, Peckham—on 9th November, about half-past 1 o'clock, I was at the corner of Cannon-street and King William-street—I felt a pull at my watch-guard, turned round, and caught one of the prisoners attempting to escape—in the excitement of the moment I could not say which of the two I grasped first—I seized hold of one of them, and then saw the other hustling against him as if to get something from him—I caught hold of the other one, and an officer came up, and I gave them both in charge—just afterwards a female gave me my watch—the bow was broken off—I did not observe the prisoners till I felt the tug, and when I turned round they were close to me.
Cross-examined by MR. TAYLOR (for Ashmore). Q. This was Lord Mayor's Day? A. Yes; there was a very considerable crowd there—there was not any pushing about just at that moment—I did not see any watch pass at all between the prisoners.
HENRY LAWLEY . I am a porter, and live at 37, Blenheim-street, King's-road, Chelsea—I was standing behind the last witness—I saw him first seize Davis—I turned round, and saw the watch drop from between the prisoners' hands—they were both given into custody.
ELIZABETH JONES . I am a widow, and live at 4, Fraser-street, Lower-marsh, Lambeth—I saw the prisoners standing close to the prosecutor, and heard him say he had lost his watch, and I then saw one of the prisoners throw it down—I could not say which—I am quite positive it was one of them—I picked it up—it came open, and the glass was broken in throwing it down—a man came to me, and said, "Give me the watch"—I said, "No, I shall not give you the watch, because you are not the owner of it; I shall give it to the gentleman himself," which I did.
Cross-examined. Q. Was there a great crowd there? A. Yes—there was some pushing about.
Davis's Defence. I was trying to get two little children out of the crowd, and, turning round, the gentleman caught hold of me, after he let go of this man.
— Confined Nine Months each.
FOURTH COURT.—Wednesday, December 2rd, 1863.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution.
were ill—I could not say how long they were ill, but only a short time—I had before that lost some cows by disease—I know the prisoner—he is a flesher; that is to say, a butcher—I went down to him in September, but I don't know the day—I said to him that I had two cows that were not very well, and I wanted to be rid of them; and we made an appointment to meet at Rosemount railway-station—I was to bring the cows with me, in order that he might see them—I returned to my place, and got the two cows, and met him at the Rosemount railway-station—that is about four miles from Blengowrie, and about one mile from Coupar, where I live—the prisoner came there, and looked at them—he made a kind of grabble to get hold of them—it was dark—I asked 4l. for the cows—he said he would not give that; he would give me 3l.—I held out my hands to get the money, but he had not got it—I agreed to take the 3l.—he said he would come up to my house on Wednesday, I think it was the Wednesday following, and either pay me or my mother—I left the cows with him at the railway station—about a fortnight afterwards I went to Stewart's house at Coupar Angus—I knocked at the door, and he came out—he knew what I was seeking—I called for the money—he showed me the seizure; that is, the paper produced—(Read: "City of London. I hereby certify that I have, this 26th day of September, 1863, condemned, according to law, as unfit for human food, four quarters of beef, on the premises occupied by Messrs. George Lee and Co. in Newgate-market. James Newen, Inspector of Slaughter-houses and Meat")—he gave me this other paper as well—it is an invoice of meat sold—there is also put down, "One body seized"—the amount is 1l. 15s. 1d.—then there is the note, "Dear Sir, you will see by the enclosed note one of your bodies of meat was seized as unfit for human food. G. Lee and Co.'—I put my mark upon it—he told me I might keep this condemnation note, he had no more use for it—he paid me 3l., that was the price of the cows—if these cows had been in good health the price of them would have been from 7l. to 10l. each, or thereabouts—I think they were about full-grown cows—it is not true that Stewart sent up these cows for me as my agent, having merely to hand over to me the money that he received—I sold the cows legally—he was not to send them to London as my agent.
Cross-examined by MR. METCALFE. Q. When you received this paper, was the cheque upon it? A. The papers are as I got them—I received 3l. in money, and got papers with it the same night—it was in three one-pound notes—I did not look at the name of the bank—a portion of the 3l. I received was not a cheque of Mr. Lee's for 1l. 15s. 1d.—I just got my bargain, what I agreed with the prisoner for—he did not tell me what he got for the skins or tallow—I got these papers from him, and I gave them to the officer—I kept them till the officer came—I did not see the prisoner with the officer at that time—I called upon them at Coupar Angus—I do not remember whether the officer told me that the prisoner had sent him to me or not—I had the seizure-note from the prisoner, because I wanted to see it particularly—he gave the invoice to me also—I do not know how long I kept them: it would he about a mouth—I kept them till I delivered them up to the officer—I had never seen a seizure before, and I wanted to see it—I took the invoice because I got it from Mr. Stewart—he did not tell me that he got 1l. for the hides and 5s. for the tallow, making up 3l.—I will take my oath that he did not say anything of the sort—he told me nothing about his getting a pound for the hides—I do not know that the Alderman who heard the case at Guildhall, told me that I ought to be in the dock as well as the prisoner; he may say anything he pleases—I did not
know these cows were going to be killed—the prisoner kills pigs, and the like of that—these were milch cows—I milked them almost up to the last—I did not ask him what he was going to do with them—the offices asked me if I had any papers of this sort—I let him see all that I had got—I don't remember whether he asked for these papers or not—I think he did ask me for the invoice and note, but I am not quite sure—before I produced them he asked me if I had my papers—I do not remember that he told me that the prisoner had told him that I had those papers—I do not remember what day in the week or month the meat was at the railway-station—I think the Wednesday on which the prisoner promised to bring the money to me was about a week after we were at the railway-station—I left him a fortnight before I went for the money, because I was always expecting him to come as he promised—I do not know that he had had the seizure-note sent down to him the very day I went to him—he did not tell me that he should have to send the meat up to London, and that I must come to him after the things were sold—he did not tell me anything of the sort—I cannot tell what day I received these notes—I cannot fix any date at all—I paid no attention—I cannot tell what day I sold the cows, or what day I went after the money—it was about a fortnight after when I received my money—I have no dates—I think I had these documents about a month before the officer came down—I could not be very sure.
MR. POLAND. Q. Did you know at all that these things were to be sent up to Newgate-market to George Lee? A. He never said so, and I never asked—I did not know the name of Lee at all till I received these papers from Stewart—he was to have paid me at my place, but he did not come, and then I called upon him—that was about a fortnight after I had the cows—that was the first time after I sold the cows that I learn that they were sent up to London.
COURT. Q. Are you a cattle dealer? A. Yes; but not to a very large extent—about twelve months since, I sent some pigs to Messrs, Bonser and Son of London—that is the only occasion on which I sent pigs to London—I never sent to any one else—I picked up their address from some meat that were going away from the station—the pigs were fat ones—they were not seized.
JAMES CULROSS . I am a butcher residing at Coupar Angus, in Perthshire—I know the prisoner—he is not what I call a flesher, but a pig dealer—he buys pigs and sells them—he has a slaughter-house at Coupar Angus—I killed five pigs for him in September—I could not recollect the day—while I was there slaughtering the pigs, he came and spoke to me—he wanted me to get through with the work, for he was going away to see two beasts—he said "beasts" I think, not "tinks"—he said he was going away to see a man about them, who was at his house—I did not hear what passed between them—he came to the slaughter-house at 3 o'clock the following day—at that time there were two cows there—they came in the night before—he said he wanted them to be killed—I killed them by his direction, and dressed them in the regular way, like butcher's meat—they were quartered—one of them was very bad—they were both Jung-struck, but one was not so bad as the other—I cut the lungs in three different ways, through different parts—I said, "Sandy, I have cut the lungs in three different ways, they are not good"—he said they would have to go south—I did not say anything about the hearts—I cut a piece of the skirt off the one that was not so bad, and took it home—the prisoner asked me to take it home—I remember the officer coming down from London—I came up in the railway-train with the
prisoner and the officer—on our way up, Stewart said to me that if I was to tell the truth it would ruin him—I said I would the truth as far as I knew—after I dressed these two cows, the prisoner took them to the railway-station in a barrow—I saw him starting.
Cross-examined. Q. Does the prisoner deal in sheep and pigs? A. Yes; he does not very often deal in beasts—sometimes while they are buying pigs they will take a beast when they can get it—that is not very often—he is not a butcher, he is a jobber; he never learned the butchering—I am a butcher, and have been for forty-two years—I understand meat well—we just deal as jobbers—we are fond of a job, and when we are called to do a thing we do it—we do what we are told—I dressed these cows for meat—I told Mr. Stewart that they were not fit for meat—he saw the lungs after I cut them—I have not before said that I could not swear whether he looked at the lungs or not—I cut the lungs in three different places at different times—he did look at them—I could not refuse to dress animals for food as a butcher—if I have an offer to kill cows and bullocks, I must kill them—I have killed hundreds of the same sort.
COURT. Q. In Coupar Angus? A. Yes; I do not know what became of them.
MR. METCALFE. Q. What markets did they come to? A. They came here; some to one man and some to another—I always do what I am told—I am paid 2s. each animal, for killing and dressing—I skinned the cows—I don't know whether the prisoner took away the skins—I left the skins, and when they went I had done my work and gone away—I did not keep the skins.
COURT. Q. About this lung disease, is it very apparent? A. Oh, it is—it is the same as if you had the vessels full of blood, and the vessels all stopped—in the disease of the lungs every pore in the lungs stops, and the blood vessels are all stopped—you see them all stopped by the inflammation, directly—they were both affected in the lungs, but one was worse than the other—I do not know what they did with the skirt, I did not have any of it—I did not take it home for my family; I would not have eaten it—there are some people who could eat it and it would not hurt them—it depends upon their constitution—these two cows were quartered, and each quarter was rolled up in a small pack-sheet.
ROBERT NELSON . I am goods clerk at the Coupar Angus railway-station in Perthshire—I know the prisoner—on 24th September, I received eight packages of meat to take up to London—I do not know whether there were eight quarters—they were addressed, "George Lee and Co. Newgate-market, London"—they were sent up to London in the regular way, and they would arrive in London on the morning of the 26th.
WILLIAM JOYCE . I am delivering foreman in Newgate-market, for the Great Northern Railway—on the morning of the 26th September, I got eight packages of meat which came from Coupar Angus—they were directed to George Lee and Co. Newgate-market—I took them in the van to Newgate-market, and delivered them to Mr. Lee's clerk, and he signed for them.
GEORGE LEE . I carry on business under the firm of "George Lee and Co." Newgate-market—on 26th September, I saw the eight packages of meat—they were very plain—I called the attention of the inspector to them—I mean by plain, that there was not a great deal of fat upon them—I called
in Mr. Newman to examine them—he examined them, and four of the quarters were seized and condemned—the other four quarters were passed as fit for human food, and I sold them—after I sold them, the invoice produced was made out, and I sent that invoice with the condemnation note, to Alexander Stewart, Scotland—there is a piece torn off from the invoice—I have a printed form of cheque on that part—the amount of the bill is 1l. 15s. 1d.—I filled up the figures in that cheque—Newgate-market is a public market for the sale of meat, and mine is one of the ordinary sale places—it is in the City of London.
Cross-examined. Q. What bank was this cheque on? A. Messrs. Lacey and Son, of London—it came back to me in the course of a few days—I do not produce it because I have not been asked for it—they are never kept very long—the cheque I sent is not at home with our other cheques—I hang the plain meat by itself, and before I sell any of it I have it examined.
COURT. Q. If I had asked "What is the price of this?" should I have been led to suppose that it was hung up for sale? A. No; I should refuse to sell, because the inspector had not seen it—it was hung up separately from the other meat—it was not out of the way—it was hung up in the shop, which is a public thoroughfare.
MR. METCALFE. Q. Would you call the attention of the inspector to this particular meat? A. Generally—I sold the other four quarters which came up at the same time—lung disease is not always a disqualification—it depends upon whether it has gone so far as to affect the system—the prisoner has sent up pigs and sheep to me before—none of the meat that he has ever before sent to me has been seized to my knowledge.
JAMES NEWMAN . I am one of the sanitary inspectors of the City of London—I was on duty at Newgate-market on the morning of 26th September, my attention was directed to eight quarters of meat in Mr. Lee's shop—four quarters of them were from an animal that was very much diseased; very wet, flabby, and emaciated, quite unfit for human food—I took the bad meat before the sitting Alderman at the Guildhall Police-court—he condemned it, and ordered it to be destroyed—the other four quarters I passed—Wild and Fisher the other inspectors, and also Dr. Letheby saw this meat—I called them in to see it—the skirt was on the four quarters I condemned—I have been an inspector in the City for four years; five years before that I was an inspector at St. Panoras—during that time I have been a great deal in the habit of inspecting meat.
Cross-examined. Q. Did you submit it to Fisher? A. I fetched Fisher at the time I saw it—it was shown to Dr. Letheby at the Guildhall Police-court—Wild saw it about 9 o'clock in the morning—he was taken by me, and he agreed with me—I did not know that the other four quarters came from the same place—I passed them.
WILLIAM WILD . I am one of the sanitary inspectors of the City of London—it is part of my duty to inspect meat—I have been an inspector just upon two years—on the morning of 26th September, I examined the four quarters of meat; they were totally unfit for human food—the animal had been suffering from lung disease—the meat was very wet, and the appearance of lung disease was shown upon the ribs.
CHARLES FISHER . I am collector at Newgate-market—I have had a good deal of experience in meat—I was inspector of meat to the Commissioners of Sewers fourteen or fifteen years—I saw these four quarters which were condemned—in my judgment they were quite unfit for human food.
Cross-examined. Q. I suppose the longer it was kept, the more the
disease would show itself over the surface of the meat? A. No, the disease would not show itself—it would not be so good if it was kept in hot weather—the disease would be as apparent after the first day or two as it was afterwards—the disease would not be more apparent by the meat being kept, the meat would not look so well.
COURT. Q. On the 27th, would not the state of the meat be worse than it was on the 24th? A. Yes, it would look worse; but I understood Mr. Metcalfe to be speaking about the appearance of the disease.
MR. POLAND. Q. Suppose the animal was killed on 24th, and you saw it on the 26th, would it make a great deal of difference in the appearance of the meat? A. Not a great deal, still the disease would be seen in either case.
GEORGE RUSSELL (City-policeman). On 24th November I took the prisoner in custody at Coupar Angus, on a warrant—I told him that I was a police-officer, and that I had come from London for the purpose of apprehending him—he began making a statement—I told him that he had no occasion to make any statement at all, but what he did say I should have to repeat in evidence against him before the Magistrate—he made a statement—I could not understand it very well; it was rather broad Scotch—I asked a gentleman to take down the statement in writing, and he did so—I read the statement over to the prisoner, and then asked him to read it himself, and sign it if he liked—He did sign it—I brought the prisoner up to London with Culross—I heard a noise in the night while we were in the train—I distinctly heard Stewart say, "If you do, you will ruin me," and Culross indignantly refused to do as he wished—(Statement read: "David Fairnie, shoemaker and dairyman, Blengowrie, came to me some time ago, and asked me to take two cows belonging to him, and send them to the London market; he asked me to do so as a great favour, and I consented out of charity to him, as he had to my knowledge previously lost some cattle. My arrangement with Fairnie was, that I should slaughter the cows, forward the carcases to London in my own name, and hand over to him the proceeds of sale. I took delivery of the cattle at Rosemount Station between 10 and 11 o'clock at night. I drove them to Coupar Angus, and James Culross, butcher, slaughtered and dressed them next day; and the day following that, I quartered the carcases, packed them up, and conveyed them to the railway station at Coupar Angus where I consigned them to George Lee and Co., meat-salesmen, Newgate-market. The two carcasses were cut down into four quarters each, and packed in cloths. Four quarters of these beasts were seized in London, and condemned. I received the condemnation, which I afterwards handed to Fairnie, and which is still in his possession. I paid him 3l., made up thus:—1l. 15s. received from London; 20s. for the two hides, and 5s. for the tallow. Alexander Stewart."
Cross-examined. Q. In consequence of his statement you went to Fairnie, did you not? A. Yes, for the purpose of serving Fairnie with a subpoena—the prisoner told me that Fairnie had these papers and invoice, and I told Fairnie what the prisoner had said—he denied that the statement was true—he said he had sold the beasts altogether, and never heard anything about hides or tallow—at that time he had produced the documents—I asked him to produce them, and I took possession of them.
Mr. METCALFE to GEORGE LEE. Q. Would the hides amount to 20s., and the tallow to 5s.? A. Yes.
COURT. A. Do you get that in London? A. No; I buy them—my experience is from my dealings, not with the neighbourhood where the prisoner lives in particular, but in different parts.
— Confined Twelve Months , and fined 50l.
Before Mr. Recorder.
THOMAS GUNTER (Policeman, F 94). About half-past 2 on the 9th November, I was on duty in Robin Hood-court, Strand, in company with another police-constable—I saw the prisoner at that time—there was another man with him, carrying a black feather bag—they went to No. 4, Newcastle-court—I followed them—I went up the staircase at No. 4—as I was going up, they threw some earthenware at me—I then went back into the court and sprang my rattle—a sergeant and another constable came to my assistance—I remained at the door of No. 3—the prisoner came out at that door; I took hold of him, took him to the station-house, and searched him—I found three shirts and a meerschaum pipe on him—he was wearing the three shirts—I also found a silver medal, a gold pin, a bracelet, the tops of two ear-drops, a Testament, a fuzee-case, and 12s. 1d. in money, in his pockets—the other man escaped out of the back window—the things I found on the prisoner have since been identified—the shirts were marked with the name of Mr. Westropp, the same name as was on the brass plate on the bag.
GEORGE MEAD (Policeman, F 9). On the morning of 9th November, about half-past 2, I was called to Newcastle-court—in consequence of information I received from the last witness, I went into No. 4; I saw the prisoner at the door, getting over the roof of the water-closet into the yard of No. 3, and I called out to the last witness to stop him—the prisoner went along the passage of No. 3, and the other witness met him at the door—I afterwards went back to No. 3, and found a hat in the yard—the prisoner said it was his—I searched the cellar, and found this black leather bag, containing a table cloth, coat, boots, and a pair of stockings—I showed the prisoner the bag, and he said that the goods did not belong to him and I must go into another county to find the owner of them—I asked where be lived, and he refused his address.
JOHN WESTROPP . I am a clerk in the War Office, and live at No. 19, Adam-street, Strand—the leather bag produced is my property, so are the three shirts and the coat—the shirts are marked with my name—the silver medal, the pipe, the gold pin, and the books, part of the articles which were in the bag, are also mine—my bag was left in the lobby at Mr. Jeaffreson's, at the Bridewell Hospital—the trunk which contained the other articles was there; I left them there about six months ago—I missed them when I was informed that my trunk had been opened—I had seen the bag recently, but I had not seen the trunk there very lately.
ALFRED MAPLES JEAFFRESON . I live at Bridewell Hospital, New Bridge-street—I am a clerk and receiver there—the tablecloth produced is my property—its value is about 3l.—when I last saw it safe it was on the drawing-room table, on the Friday night previous to the robbery, which took place on the Monday night—when I found that the place had been broken open, I went down into the kitchen—the window had been broken, the fastening undone, and one of the panels cut out of the shutter—four or five boxes had been brought in there, and the contents scattered about the kitchen.
Prisoner. Q. Did you see me on your premises on the night of the robbery? A. No; I know nothing of you.
SUSAN ASHLEY . I am in the service of the last witness—the books produced are mine—when I last saw them safe they were in a plate-warmer in the kitchen in my master's house—I missed from my box 6s. 1d. in
money, some pieces of silk and two waistbands—the bracelet produced belongs to my fellow-servant—at 10 o'clock on Sunday night I saw the house fastened up; the kitchen windows were fastened, and the shutters closed—I went down into the kitchen on Monday morning at ten minutes to 7—I found four boxes there, and the contents strewed over the kitchen—the window was broken and pulled down, and the panel of the shutter was pulled out—Mr. Westropp's trunks were in the kitchen—I had seen them safe on Sunday night—I found the body of our dog there—he was kept in the kitchen—he was alive when I went into the kitchen on Sunday evening, and I fed him—when I went into the kitchen on the Monday morning, he was dead, with a box turned down on him—it seems as if he was smashed on the fender—I found this knife there—it was at the side of my own box—I sleep in the next room to the kitchen—something awoke me in the night, and I got out of my bed and opened the shutter—I do not know what time that was, but there were lights in the court—it was before six—it was before Mr. Oxford rang the bell for me to get up.
THOMAS OXFORD . I am a beadle living at the Bridewell Hospital—I sleep in the front—I did not hear anything in the morning—on the 9th November, about twenty minutes to 7, I went to the back part of the hospital, to Mr. Jeaffreson's house—I saw part of a dress lying on the stones, and a piece of wood—the panel of the shutter in the window was broken, and the window open—I had not been about there before.
Prisoner's Defence. I deny the burglary. I was put in possession of the goods. I did not know they were unlawful property at the time I had them, I put the shirts on in a cab.
— GUILTY .
— Confined Eighteen Months.
MESSRS. SLEIGH and OPPENHEIM conducted the Prosecution.
BARNHARD BORNBAUM . I live at 21, New Broad-street—I am a waterproof manufacturer—in October, 1852, I occupied a house, and carried on business at 3, Blossom-terrace, Shoreditch—my private residence at that time was at Webb's, County-terrace, New Kent-road—at 2 o'clock in the morning of the 10th October, I was sent for to my manufactory, at Blossom-terrace—the door was open, and the place was broken in—I missed piece-goods and made-up garments, and unfinished garments—they were waterproof alpaca goods—the value of them was about 50l. or 60l.—I had left my place of business about 4 or 5 o'clock, I should think, on Friday evening, and I have not seen the goods since—I was called there on Sunday evening—I saw the goods safe on the Friday night.
JOHN YATES (a prisoner). I come now from prison, a convict—about October, 1859, I was living at No. 4, Fleur-de-lis-street—about that time I had some waterproof clothing in my possession—there were some coats, made and unmade, and some waterproof stuff cut out in rolls—three men brought them to me; a man of the name of Jeffries, and Charley and Sandy—those things were allowed to me at a price—I gave the property to my wife and mother-in-law, Mrs. Smith, to take somewhere, shortly after I became possessed of it—it was the same night—they were brought to me about 11 o'clock on Saturday night—after that I went to Mrs. Lee's—while there I saw the property which I purchased of those men—it was the same property which I had given to my wife and mother-in-law to take away—on the following morning I saw the prisoner at his own house, at the corner of James-street,
Bethnal-green-road—I took a sample of the goods to him that morning—I said, "Bill, will any of these suit you?"—he said, "What do you want for them?"—I said, "Six shillings each"—he said, "If they are all like the sample I will give 3l. a dozen for them"—he came with me to Mrs. Lee's, in Grey Eagle-street, the same morning—we went down in the cellar; we saw some waterproof coats there—I showed them to him—he had a dozen of them—whether he carried one or two bundles I won't be positively sure, or whether I carried one with him—he took some, and took them away—I then went to his house in Bethnal-green Road, at the corner of James-street—he paid me the money for them—I think it was about 2 o'clock the same day he came to me again at 4, Fleur-de-lis-street, and he wanted half a dozen more—I went to Mrs. Lee's house, and had half a dozen more coats—Mr. Ross went with me, and he had the half-dozen more coats—half a dozen were tied up in a bundle, and there was a coat, a pair of trousers, and a little waterproof coat, a boy's coat, and a horse-cloth, and, I think, three shirts—they were tied up in a bundle—I gave my sister-in-law, Emma Smith, two bundles—she carried them up to Mr. Ross—I won't be positive that I was with her when she carried them, but I was with him shortly afterwards; that was on the Sunday—he paid me 50s. for those—there was a waterproof coat for the boy included in the 50s.
Cross-examined by MR. ORRIDGE. Q. Did you live near him? A. It was not very far from him—I was in Spitalfields, and he was in Bethnal-green Road—I bought two separate hundreds of coals from him—that was all that I did with him, but I might say that this, was two or three years after the purchase of those goods—at the time the purchase took place I dealt with him for stolen property—I did not deal with him for coals at that time—I was sentenced to ten years' penal servitude some time back, and that was after a previous conviction—I had two months; that was for stealing a carpet-bag.
EMMA SMITH . I live at No. 9, Duke-street, Spitalfields—I am a single girl, and sister-in-law of Yates, sister of Mrs. Yates—about four years ago, in the month of October, I was living at 4, Fleur-de-lis-street—one Saturday night in that month I went to Mrs. Lee's house—I took a parcel there which was given to me by Yates—I saw a parcel at Mrs. Lee's house the next day, but I won't be sure whether it was the same; it was a similar parcel—I saw it open on the next day—there were some waterproof coats in it—Yates was there—next day, Sunday, I went to Ross's house—I saw him, and gave him a parcel—it was the same one I had from Mrs. Lee's house—it was given to me by Yates—Ross was in the shop—it was a greengrocer's shop—when I gave it to him Yates was present—nothing was said to me by the prisoner or to Yates in my hearing—Yates said nothing to me which the prisoner could hear, except telling me to go home—I wore a red dress then—I was at a charity-school, and that was the dress of the school.
COURT. Q. How old are you? A. Fifteen—I was eleven years old then.
HENRY LEE . I am a boot and shoe maker, and reside at 97, Golden-lane, St. Luke's—four years ago I resided at No. 15, Grey Eagle-street—I occupied the ground-floor; I had a shop there—about the month of October, 1859, some parcel was brought there by Mr. Yates—I was present when it was brought—it was about 11 o'clock one Saturday night—she left it at our place—there was not more than one parcel at that time—I think, in the first instance, Mrs. Yates and her mother brought a parcel, and in a few minutes afterwards Yates came, and brought a parcel afterwards—I did not look at the contents of the parcels that night—there were four parcels brought that
night—they were brought by Yates's people—it is four years ago; I don't exactly remember—they were brought by some person whom I knew to be connected with Yates—next morning the prisoner came with Yates—Yates came in, and Ross stood at the door, and he said, "Come in," to Ross, and he undid the bundle, and showed Ross one of some overcoats—they were shiny coats—they looked to me something of a waterproof material—I did not hear what they said—they spoke in a low tone, as if they did not want me to know their business—I saw nothing more of them the same day—those parcels remained at my house till Monday morning—on the Monday morning another man came—on the Sunday morning, a girl dressed in red clothes came, and Yates gave her something, but I cannot say whether it was one parcel or two—the girl was in Norton Folgate charity-school.
COURT. Q. You say two went away that day? A. I cannot say whether it was one or two—it was Saturday night the things were left—one parcel went away on the Sunday; at least, I cannot say whether it was one or two—the next went away the following day.
MARY LEE . I am the wife of the last witness—I live at 97, Golden-lane, St. Luke's—in October, 1859, I lived in Grey Eagle-street—I remember Mrs. Yates and her mother coming there on a Saturday night in that month—Yates came afterwards on the same evening—Mrs. Yates, her mother, and Yates brought a parcel each to our house—the parcels were placed on a table that was used as a sideboard, in a room on the ground floor—next morning Yates came, and Ross came with him—they opened one of the parcels, and something was taken out, Ross shook his head, and they whispered for a moment, and that was all—none of those parcels or goods was taken away then—I think it was in the evening when they were taken away—I won't be sure whether they were taken away on the Sunday night or on the Monday—I do not remember whether I saw them taken away or not—I saw a girl in red charity-clothes at our house, but I do not remember whether it was on the Sunday or on the Monday.
Cross-examined. Q. Ross took nothing away? A. No—I am not a relation of Yates—I am a relation of Mrs. Yates—I was with my husband that day all the time the parcels were there, and I saw all that took place—I saw them when they came in—I was never out.
JANE YATES . I live at No. 9, Duke-street, Spitalfields—I am the wife of John Yates, who is now in prison—I have known the prisoner at the bar from four to five years—I remember the month of October, 1859—one Saturday night as I was passing No. 3, Blossom-terrace, Shoreditch, I saw two or three persons come out of the house—they had some waterproof things in their arms—I did not see them take them away—when I came home I there found the men whom I had seen with the waterproof goods—they were waterproof coats—the men put the goods in the cellar—I cannot say how long they remained there—my husband and I carried those goods away on the same night to Mr. Lee's, Grey Eagle-street, Spitalfields—we left them at Mr. Lee's house; the bottom part of the house—that was on a Saturday night—I again saw the things on Sunday at Mr. Lee's house—I have never seen them since—on Sunday morning I went with my husband to Grey Eagle-street—Mr. Ross was with him then—they were talking together.
Cross-examined. Q. How far were you living then from Blossom-street? A. It was just round the corner, like this might be the street, and then there was a turning called The Terrace, and it was just round The Terrace—I saw some of the things taken away on the following Monday from Mr. Lee's
house—I was tried here before my husband—I cannot say exactly what o'clock it was on Saturday night that I was in Blossom-street.
MR. SLEIGH. Q. You have been asked whether you were tried here, were you acquitted? A. Yes; I was tried because of some brushes that were found in the house—my husband absconded, and I was taken while he was away.
FRANCES SMITH . I now live at Green-street, Bethnal-green—in October, 1859, I lived at 4, Fleur-de-lis-street—Yates and his wife lived in the back-room of the same house—one night in that month I saw some men come to that house, bringing some goods of a waterproof character—Yates was not there the first time they brought them, but he was the second time—it was on a Saturday evening, but I cannot say what hour—that night I saw some of the property taken from my mother's house—I was living with my mother in one part of the house, and Yates and my sister were living in the adjoining room to my mother's—I saw Mr. and Mrs. Yates take some portion of the goods that night from the house—I followed them—a gentleman of the name of Lee lived in the house where they took the property—I saw them go into the house, and I followed them—next morning, Sunday, I went to Mr. Lee's again—I followed Mr. and Mrs. Yates and the prisoner there, from my mother's house—the prisoner had come to my mother's house in Fleur-de-lis-street—I went into Mr. Lee's after them—when Yates and the prisoner got to Mr. Lee's they went into a downstairs room—there was like a partition thrown across the back part of the room, and they went into the room—on the night before Yates and his wife went into Lee's house, but I did not go farther than the door—they went into the same room as on the Sunday—I was not in the room with them, and I did not hear what they said before they went—upon seeing me behind them, Yates told me go home—I said I should not go home—he said, "For why?"—I told them I would see where they went to, so that if my master said anything, I should acquaint him with it—my master was Mr. Bornbaum, the prosecutor.
COURT. Q. Did you recognise these things? A. Yes, I did, and I know they were my master's—I was ill at the time, and they took the candle off the table—I was surprised at their taking the candle off my mother's table.
MR. SLEIGH. Q. Did Yates say anything to you? A. Mr. Yates told me to go home—I was crying—Ross said, "Jack, put her away; if not, she will put us away."
Cross-examined. Q. When did you go to work again to Mr. Bornbaum's? A. On Monday morning—I did not hear of the robbery—I knew that this was my master's property—I did not tell him of it—an inspector of police brought me a paper to appear, and he told me to remember it, and I said, "Yes, I will appear"—Mrs. Yates does not live with my mother now—I had not been at work there a great while, for I had not long been out of work.
The prisoner received a good character.
NOT GUILTY .
There was another indictment against the prisoner, upon which no evidence was offered.
about the 22d October—he had no authority whatever to receive money after he left.
JOHN SPICER . I am an oilman, at 23, Old Fish-street—I deal with Mr. Strange—on 24th October last, the prisoner called, and asked me for an account of 2l. 12s., and presented this bill—he said that Mr. Strange was out of town, and he asked me to give him the account, as they were out of cash—I gave him the account.
Prisoner's Defence. I am guilty of receiving the money, but I had no fraudulent intent. I was staying at home at the time, and I was endeavouring to obtain a situation without going home; and knowing that that money would not be called for within two or three weeks, I thought I should be able to repay it to Mr. Spicer. It is the first time anything has been said against me.
GUILTY.—Recommended to mercy.
— Confined Six Months.
MR. PATER conducted the Prosecution.
LINDSAY WALTERS . I am a silk manufacturer, at 43, 44, and 45, Newgate-street—the name of the firm is Daniel Walters and Son—from information I received I went to the lodgings which were occupied by the prisoner, on 13th November—I think it was 29, Lion-street—I won't be quite sure of the number—a police-constable named Taylor accompanied me—I charged the prisoner with stealing my goods, and he said, "I have nothing here of yours"—I then said, "We must search your house"—he said, "You can do so"—I then said, "What is in that box?"—he said, "That box does not belong to me," but on opening the box I found property of mine there (articles produced)—these are only a few of the things—there were two large boxes of things—I cannot say whether these particular things were in the boxes or not, but there was a great deal of property in them of mine—I cannot be sure whether he said anything to me about whose the box was, but I think he said it belonged to some lady who lived over the way—I cannot say whether any of these particular articles were taken from the box, I believe some of them were—this red piece is a length of arras; about two yards and a half—it is worth about 18s.—this is a length of drugget—it is difficult to estimate the value of it—it has been cut; I should think it is worth about 2s.—they resemble goods that were in my possession—the prisoner was foreman of the packers—his duty would be to give in the goods to the clerk from a little ticket when they left the department—supposing goods left with a ticket of that kind and they were not given to the enterers, I should have no means of detecting whether they were taken or not—it was his duty to give in a ticket of all goods—he entered from these tickets, and then filed them—this is not his handwriting; it is from the department—he should copy from this ticket—he puts them on when he has entered them—tickets are now given with the goods, but not formerly—the prisoner would read from the ticket, and then put the ticket on the file—I did not hear him make any statement as to where those goods came from.
Cross-examined by MR. LEWIS. Q. You say a great deal of property was found in his house; you have produced all that has been found now before you? A. Oh dear, no; I produced before the Magistrate more than I now produce—I produced at the first time all the property for which he was committed—I have to-day produced all that he was committed for—I do not
understand your terms of the law—I heard these were to be abandoned, but last time I heard they were to be included—the second hearing was before Alderman Hale, and he said he wished the case gone thoroughly through again, and the chintzes were produced—the articles produced were found in a box—I do not know whether it was his wife's—I saw some ladies' dresses in them I really don't know when these patterns were last safe in my premises—the head of the department will tell you—I really don't know anything of the minute of my business, I attend to the general management; my foremen have authority to give away goods when they are perfectly useless—whether they are perfectly useless or not is left to their discretion; but perhaps you will call them patterns, and not goods—they are authorized to give away patterns—besides that, I sell to all the men in my employment if they desire to buy—I have in my employment thirty-five men in London, and about 400 at Braintree—I cannot say anything about there being anything in those particular goods to show that they have not been sold, because I had nothing to do with the sales—I did not buy the goods myself, and therefore I have not had them under my eyes—when a servant buys goods of us they are certainly entered to him—it is never entered to ready money, or chance if we know the name—I am a wholesale dealer, but we sometimes have chance customers—some persons may not wish their names known—our foreman would not enter it to chance if he sold it to any of our men—I have not made any alteration in my business in regard to the tickets, but I still have the terms "ready-money" and "chance"—if the foreman sold goods and forgot to whom, it would come under the head of "ready-money" or "chance"—I should certainly not enter it to chance myself, if I knew the name of my customer—it is rather difficult to answer the question whether one of these pieces is a job lot—I don't know what you mean by a job lot—a job lot would be a lot of remnants that would be sold under their value, because they would not be long enough for ordinary use, and would be unsaleable, and would be sold cheap in consequence—it is very possible this might come under that—it depends upon whether we have any more of it—if we have any more of this in stock it would not be a job lot—I do not know whether it was or not.
JOSEPH TAYLOR (Policeman, N 100). From information I received, I accompanied the last witness to the prisoner's lodgings on 13th November, 29, Red Lion-street, Caledonian-road—I found the prisoner there—I went with him into the room where he was living—Mr. Walters said that he should charge him with robbing him—I then asked whether he had got any property belonging to Mr. Walters, and he said, "None whatever"—the box was then pointed out to me, and he said that box did not belong to him—I took the things off the box, opened it, and I found this arras in the box—Mr. Walters then said that was some of his property—searching farther down, I found this piece of drugget and some of these patterns, and the others I found in the drawer—after I found those goods, he said that they had been given to him by somebody in the employ of Mr. Walters—he mentioned so many names that I do not remember them; I recollect him mentioning the name of Mr. Sillett—I do not recollect whether he mentioned the name of Jones or Ward—he mentioned these chintzes as being given to him by Mr. Sillett—there was a cab load of things; two large boxes and other things besides—in conveying him from Islington police-station to Guildhall on Saturday morning, he said, "I am very sorry; I hope Mr. Walters will be as lenient as he can."
Cross-examined. Q. What became of all the cab load? A. I could not take it backwards and forwards, I tied it up and left it in Mr. Walters's
warehouse, where I can get it if I require it—it was produced on the first occasion—the Magistrate did not wish it all to be produced again, he said "Take some small quantity of it out and leave the rest"—there are only those three things included in this indictment—these particular goods were produced before Alderman Challis—when the prisoner said he hoped Mr. Walters would be as lenient as possible, he had been in custody some time at Islington police-station.
COURT. Q. Was any objection made to the things being taken away? A. None whatever—when Mr. Walters said they were his property the prisoner said he had them given to him—that applied to other things—Mr. Walters replied, "You have got a very good memory."
Cross-examined. Q. How long have you had those chintz patters in use; I don't mean those particular ones, but chintz patterns of that character? A. Seven years—they are used for sending out to customers—I sometimes give away patterns of that kind to men in our employment—that has been done during the last six or seven years; during which the prisoner has been there—chintz patterns resemble one another—I know how long a pattern has been in use by looking at it—I cannot tell without the book—we did not go into that branch of the trade till seven years ago, and these could not have been in use before that—I never personally gave these particular patterns to the prisoner at the bar—I was examined before Mr. Alderman Challis—I cannot undertake to say that I have not given away those patterns to any other person in the employment—this first pattern has been in my master's service three years—I cannot undertake to say that during those three years I have not given that particular pattern to the prisoner, because I do not recollect—I have no recollection of doing so—I am not in the habit of doing it—I cannot say that I have not given it to him—I have a discretion to give away whatever I think is waste in my department—my judgment and honesty are relied on as to what is waste—when the patterns become useless to us we cease to keep them.
COURT. Q. Are those useless to you? Are those such things as you would feel yourself authorized to give away? A. Those two I should.
MR. LEWIS. Q. A pattern in three years would be considered a waste pattern? A. We might work it ten years if it was a good one—these things we are selling now—I do not know whether I should feel myself authorized to give away any others besides the two I pointed out—if they were very much handled I might—I have a discretionary power.
WILLIAM WARD . I am the manager of the drugget department in the prosecutor's establishment—I identify the drugget before me—I have compared this with the duplicate of our patterns; I find it to be the same—I gave that piece of drugget to the prisoner—I think the value of it is about a couple of shillings.
Cross-examined. Q. What are the marks on it? A. Only the colour and the quality—we are the only warehousemen for whom this is made—the manufacturer may sell something like it, he may make other things similar to it, but I can distinguish one from the other—he may try to dye exactly the same, but they would fail in getting the same shade of article—he is under a contract to sell to us alone—another piece would not be exactly of the same colour—they may try to dye another piece the same colour, but they would fail in doing so—two pieces are dyed at a time—we take the
two pieces that are dyed—I cannot tell whether each carpet warehouseman says that his piece is a special carpet—this drugget is half-width—our men have an opportunity of buying drugget when they require it, and cutting it up as they please—I can explain how I know that this piece has not been sold; the other half was exposed in our case that we had in the Exhibition, and it is now in our warehouse—I have taken this and compared it with the other piece—we do not sell half-widths—a piece was cut up in half-widths for the case we had in the Exhibition, and this is the other half—this is the half that was compared—I compared it two or three days ago—I compared it before the committal—we compared it with our duplicate in the pattern-book—we did not compare it with the article itself before we went to the Magistrate, only with the duplicate—I know that this particular piece has not been sold, because we never sell half-widths; we never have them in our establishment—when druggets are purchased of course they may be cut as they are required.
MR. PATER. Q. Would anybody in your department have any authority to give away goods of that description? A. No; I have compared this half, with the other half that was used in the Exhibition, and the comparison enables me to swear to its being the exact half—I am also enabled to say so by a comparison with the duplicate which we keep in the patternbook—it is not our habit to sell half-widths.
COURT. Q. Would that be a job lot? A. Well it would, because we have no demand for half-widths—we never sell them.
JOHN JONES . I am the manager of the arras department in the prosecutor's establishment—this arras produced, comes from our house—I never gave it, or sold it to the prisoner—I am the only person who would have any right to give away goods.
Cross-examined. Q. How long have you been selling arras in job-lots; the last three or four years, have you not? A. Yes; this in its present condition is a job-lot—we sell job-lots to any person in our employment, treating our men as customers—I can only say from memory that this has not been sold as a job-lot—I do not know that it has not been sold to anybody as a job-lot—I have not said that I did—we have continually had arras of that kind in our premises—that has been the case during the last six years the prisoner has been there—I have been there five years—I can say, that to the best of my recollection, I have not sold it to the prisoner during the last five years—I will undertake to say that I have not during the last five years—I have sold him things, but I cannot tell what they were—I say from memory, that I have not sold that arras to him, to the best of my recollection—we enter now to "chance," or "R. M." (ready money), but not to any large extent—it has only been done where it is impossible to get the name—I know that this is Mr. Walters's arras by its make—these goods are made by a maker who makes that class of goods for no house but us—I know it has been made for us.
NOT GUILTY .
JOHN VEVERS I live at 8, Queen Elizabeth-place, Greenwich—I am a warehouseman—on the 9th November, at 12 o'clock, I was in King William-street, City—I had a pin in my neck-handkerchief—I was passing the north side, and felt a grip at my throat, and I seized the man; that was the prisoner at the bar—I had seen the pin safe a minute before—seeing no
policeman in the neighbourhood, I dragged him along, and then gave him in charge to Constable, 595.
Prisoner. Q. When you accused me, did I not show you both of my hands directly? A. No; I don't think you had time—I cannot say whether you showed me your hands—I did not see my pin in your possession—I will not swear you took it, but immediately after you grabbed me I missed it.
Prisoner. Q. Do you know that there were several persons between you and me at the time? A. There were, but I could see over them.
Prisoner's Defence. The gentleman could not swear that I took his pin, and the other witness says there were persons between us at the time; it does not look well for him to say that he saw me take it, for he is not such a tall gentleman that he could see across all the people.
GUILTY .—He was further charged with having been before convicted; to which he
PLEADED GUILTY.**— Six Years' Penal Servitude.
The prisoner being in the last stage of consumption, was only required to enter into his own recognizances to appear and receive judgment if called upon.
FOURTH COURT.—Thursday, December 3d., 1863.
Before Mr. Recorder.
MR. CAMPBELL conducted the Prosecution.
GEORGE ISAACSON . I am superintendent registrar, at Amersham, in the county of Buckingham—I produce the register-book, No. 2—at page 47, here is the entry No. 235—it relates to the birth of George Priest—under the head of "When born;" the entry is "19th January, 1844," at Amersham, Bucks—the date of registration is the 14th February, 1844—I issued a certified copy of that entry on 16th October last—I gave it to George Priest, the prisoner's father—this is it—when I issued it it was an exact copy of the entry in the register—the date of the certificate is the same now as when I issued it, but the figure 4 throughout the body of the copy has been altered to 3—I am quite sure that this is the copy issued by me—it is in my own writing.
Cross-examined by MR. METCALFE. Q. I think you have known this young man for sometime? A. Nearly seven years—he has always borne a perfectly irreproachable character—I have never heard anything against his character during the time I have known him—his father also bears a very high character, and is a very respectable man indeed—he has been parish clerk for a great number of years.
GEORGE PRIEST . I am parish clerk of Amersham—I am the defendant's father—on 16th October, I applied to Mr. Isaacson for a certificate of my son's birth—Mr. Isaacson granted it, and I sent it to my son by post—he told me he had got an appointment in the custom-house.
Cross-examined. Q. Had he been employed as a supernumerary before?
A. Yes; five months, and had given great satisfaction—at this time he had received a permanent appointment, subject to his producing a proper certificate—he did not want three months of the right age—if he had waited three months he would have had the appointment—I have no recollection of what was in the letter in which I enclosed the certificate to him.
RICHARD CASTLE . I am a clerk in the Secretary's Department, Custom-house, London—I saw the defendant on the 15th October—I had sent for him to apprise him of his established appointment which he had received—I then told him that he must produce evidence as to his age—I also gave him certain documents to fill up—after having got these documents from me he tendered a certificate of baptism—on looking at that I found that it merely went to the question of baptism—I apprised him that that would not be sufficient evidence as to his age; that he may have been any age at the time of his baptism—he then volunteered to write his age upon the certificate of baptism—I told him that he must not do that—I drew his attention to the printed statement at the bottom of the certificate, that it was a correct extract from the certificate of baptism—I told him that if he added anything it would get him into trouble—that certificate I gave him back again, as it was of no use to me—I told him that he must produce a further certificate as to his birth—he then left me—the following Saturday he attended again, and brought me the forms I had given him to fill up, and this document (produced) in proof of his birth—the date here is 19th January, 1843, which agreed with the statement which he made on the form—I observed to him that the date had been altered—I asked him if he had made the alteration—he said, "No"—I said, "Are you quite sure?"—he again denied it—I told him that it would be necessary that he should produce further evidence as to his age—I had issued some inquiries to him, and said that in the course of the inquiries which he would undergo he would have to attend at Somerset-house, and then he was to ask for a certificate of the Registrar-General—one of the inquiries was to send him to the medical inspector—he went, but the medical inspector was not at home—he returned to me about 1 o'clock—that was the second attendance on Saturday—I told him that I would re-issue the inquiries on Monday—he again left me a third time on the Saturday; about a quarter to 4, he came to me, and said that he had seen his brother, and spoken to him with reference to his age, and that he supposed that he was under the age, the regulation age being from twenty to twenty-five—he further stated, but I cannot say positively whether it was in reference to a further question, or in continuation of his statement, that his certificate had been altered, he thought by his father—he appeared anxious to recover the document, but I was not at liberty to give it to him—I told him to attend on Monday—he did not attend, nor did he come on Tuesday—I then reported the circumstance to the Board—I saw no more of him with reference to this matter—on Wednesday he brought a certificate from the Registrar-General, a sort of further form, but that was simply attached to the papers, and no further proceedings took place between him and myself.
Cross-examined. Q. But you cannot undertake to say that he said it was altered by his father? A. That was the statement he made to me—he used the word "father"—it is not odd that I never said that before, for the question was not put to me before—on the third attendance on Saturday he made the remark, that he supposed it was altered before it was received by him—I am positive that he said that it had been altered by his father—I
can swear to it—it is reported by me on the paper—that was about a quarter to 4 on Saturday, 17th October.
EDWARD GEORGE WHEEL . I am an officer of Customs—on 6th November I saw the defendant—his father was with him, and I said to him that, in consequence of information I had received, I understood that he had reported that his father had made an alteration in the certificate of birth—he said no, his father had sent it to him as he received it from the Registrar but had made the alteration—I told him it was a great pity, as I had no doubt the Board of Customs would have kept open his appointment until he was of age—he said he had seen a friend, who had advised him to make the alteration—he was extremely sorry for what he had done; he only wanted three months of being of the age of admission, and he was not aware that he had done anything that might turn out so bad, he had not only lost his appointment, but he had also lost his situation of extra man, where he had been employed some months.
Cross-examined. Q. And had he given great satisfaction? A. I believe so—I have made inquiries—he was very steady, and attentive to his business,—I believe the Board would have kept open the appointment if he had waited—I don't know that when I told him that the appointment would be kept open, he said he was aware of it; but he said he was not aware of the nature of the alteration that he had made.
The prisoner's statement before the Magistrate:—"I plead guilty. I altered the register after I received it from my father, because I thought I should lose my appointment. I did not know that I was committing any offence."
MR. METCALFE submitted that, although the defendant had altered the figures in the certificate, and intended thereby to impose upon the person to whom it was shown, he had not done so with a fraudulent intent; he called attention to the words of 36th sec. 24th and 25th Vic; the offence was not charged in the indictment simply as a forgery, but as a fraudulent alteration, and before the Jury could convict, they must be of opinion that he intended some fraud that he was to get something by; even if he had done the act with an intention to deceive, it had been held that the word "deceive" must be defined to mean an intent to defraud; he (MR. METCALFE) would not say that a certificate could not be altered in such a way as to defraud, as in the case of succession to property, but contended that there was no intent to defraud in this instance. THE COURT considered that it need not be a pecuniary fraud in order to come under the statute; the point was a very plain one; the prisoner had stated that he altered the certificate because he thought he should lose his appointment; if he altered it to obtain the appointment, it was, beyond all question, fraudulently done: if there was a rule in a public office that applicants for appointments should be of a certain age, it was a very important matter that one person should not gain undue advantage over another by presenting a false certificate; it was very important, in a public point of view, that it should be understood that such an alteration was a fraud, or public offices would be flooded with false certificates. If this alteration was made by the prisoner in order to obtain an appointment which he could not otherwise obtain at that time, it was to all intents a fraud.
GUILTY .—He received an excellent character.— Confined Two Months.
MESSRS. POLAND and SLEIGH conducted the Prosecution.
GEORGE MOLYNEUX . I am a detective officer—on 10th November I went to 5, Sidney-street, Goswell-road, occupied by Miss Harriet Morton—in consequence of instructions I had received, I searched the first floor front room, and found some ostrich-feathers—I took possession of them—I put them into this box, marked D (produced)—Miss Morton saw me find them in a drawer, and take the property away—on the same evening I went to Mr. De Pinna's premises in Little Britain, where the prisoner is employed—I told the prisoner that I had a party of the name of Morton in custody for robbing his master (seepage 100)—I said, "On searching Morton's house I found a quantity of feathers, those which I show you. Miss Morton told me that you had brought them there"—he said, "I have taken feathers there, and I bought them"—he did not say of whom, but he added, "And here is the receipt"—he then produced this paper, which he took out of a portmonnaie—(Read: "London, October 16th, 1863. Dr. to W. J. Laborn, ostrich and fancy-feather manufacturer. Half-pound fancy vulture, 7s. 6d.; quarter-pound vulture bottoms, 1l.; one pound black ostrich, 2l. 10s. Total, 3l. 17s. 6d. Received, W. Laborn")—when he said that he bought those feathers, he said that the person in custody got the means—I took him to the station-house—he gave his address, 2, Prince's-street, Finsbury—on the second floor there I found a large quantity of feathers, manufactured and unmanufactured—I took them away—they are the feathers which I now produce in the box marked E—they were in this box when I found them.
Cross-examined by MR. WILLIAMS. Q. Was Morton also charged with stealing his master's feathers? A. Yes—he was also in Mr. De Pinna's service—when I told him I had found these feathers in the house, he said, "I bought them of Mr. Laborn, and this, is the bill"—I saw Mr. Laborn in consequence of that.
HARRIET MORTON . I live at No. 3, Sidney-street, Goswell-road, with my aunt—my cousin, George Morton, lived there—he was in the service of Mr. De Pinna, of Fore-street—I know the young man at the bar—he was in the service of Joshua De Pinna, of Little Britain—I remember the officer coming and finding the feathers in that box marked D—George Stratford brought those feathers in a raw state to Sidney-street—I cannot tell exactly how long ago—it may be about three weeks before the officer came—some of them have been since dyed—he dyed a part at our house, and took home part and dyed at his own house, and then he brought others—he did not bring them all at once—he brought them at separate times; but those that were in a raw state he brought together.
Cross-examined. Q. Do you know of your own knowledge, if he had a partnership with your cousin, and that he was to do the dyeing part of the feathers? A. Yes.
MR. SLEIGH. Q. How old is this lad you call one of the partners? A. I don't know—the cousin who was in the employment of the other Mr. De Pinna, is eighteen or nineteen.
JOSHUA DE PINNA . I am a feather-manufacturer, carrying on business at No. 80, Little Britain—the lad at the bar has been in my employment about eighteen months—I don't know his age exactly; I never inquired—about 10th November, the officer Moleyneux brought to me that box of feathers marked D—I have since examined those feathers—there are two kinds of feathers in that box, vulture feathers and ostrich feathers—these are small ostrich feathers, and those are vulture feathers—they are all dyed—I identify both, the vulture and the ostrich feathers, as my property—I
saw them at my own place about three or four weeks previous to the 10th November, I should say—when they were brought to me I knew they were my own feathers—when I last saw them at my own place, previous to the officer bringing them to me, they were not dyed—they have been dyed since—when they were taken from my place of business some of them were sewn, and some of them were curled.
COURT. Q. Let me see what you mean by being manufactured; show me one in its raw state, and one manufactured? A. These are double; those are sewn together, two or three of them, to make them thicker—of course we have them in a raw state as they come off the birds—they are sewn together to make them richer—those are ostrich feathers—the tailfeathers and wing-feathers are long and flowing.
MR. SLEIGH. Q. How is it that you can speak positively to those feathers having been your property? A. All those feathers that are taken from me have been a natural grey feather previous to being dyed; a natural drab, and all ostrich feathers are not so, some are black—the body-feathers of some ostriches are black, and we know from the different texture of the feather, being not so fine a quality—there is always a dull and thick appearance upon it, and so we can tell from that that those are the kind of feathers—I can tell from this that it has been a grey feather—other people have grey feathers as well as myself, but then those that I have on my premises are all drab—I have no black feathers at all—I have the counterpart of these feathers at home, and they match these exactly—the dye is the same as well as the feathers—the drugs are not all alike which the dyers use, and any person who looks at the feathers can tell the difference—they do not dye exactly alike in all places—these are the identical feathers that I missed—they were left out after being dyed, being too pale a colour—they were put on one side to be altered, and this portion of them I missed—they were taken away—they were put on one side on the dye-bench, in the place where the feathers are dyed—these feathers in box E are not my property, I do not know anything about them—these are smaller smaller vulture feathers; the body-feathers of the bird—here are some black ostrich feathers; I do not know anything of those—the feathers in box E do not correspond with those mentioned in the invoice produced—there is half a pound of short vulture feathers in this invoice, which are not in the box at all—those are short vulture feathers; you see there is a great difference between the two—I should say I find all that are described in box E—I don't know exactly as to the quantity, but they are of the same kind—I had some conversation with the prisoner before he was in custody—I showed him the feathers first of all, and told him that those feathers had been brought to me by a person, and I wanted to know if he knew anything of them—he said, "No"—that was the first word I put to him—I said, "This gentleman here is a detective-officer, and he has brought these feathers here, he has found them at a person's house whom he will tell you of, and I want to know if you know anything of them, because I identify them as being my property"—he said, no, he did not, he bought some feathers, upon which he went over his pocket, and took out this invoice, and showed us—I said I did net believe those were the feathers described—having been taken from me I did not believe that they were bought—I said those feathers did not relate to those brought by the officer—he said those were the only feathers which he had in his possession, and which he had bought—he said nothing to me about those at Miss Morton's.
Cross-examined. Q. Morton was charged with robbing you of feathers,
was he not? A. No; the box E, found at the prisoner's house, corresponds with those feathers in that invoice.
EMILY MORFFEW . I live at No. 3, King-street, and am Mr. Joshua De Pinna's forewoman—some of the feathers in the box E have formed part of Mr. De Pinna's stock—I identify them because they are dyed from natural grey colours—I do not know anything about these light blue.
The prisoner received a good character.
NOT GUILTY .
73. JOHN GLYNN (32), and ELIZABETH GLYNN (32) , Stealing 1 silk drew, 6 brooches, and other articles, the property of John Bragg, their master; and ELIZABETH WHEELER (60) , Feloniously receiving the same. MR. GIFFARD conducted the Prosecution.
ELEANOR BRAGG . I am the wife of John Bragg, of No. 1, Porchester-Gardens, Bays water—the prisoner, John Glynn, was in our service as foot-man, and Elizabeth Glynn as cook—on their applying for the situation in the beginning of October, they referred me to Mrs. Wheeler, 55, Cambridge-place—they told me they had been in the house for eighteen months with a Mr. and Mrs. Mitchell, who were gone to Italy with an invalid daughter—they were both together—I went to 35, Cambridge-place, saw Wheeler there, and said, "Mrs. Wheeler I have come about two servants who, I understand, have lived at this house-eighteen months with a Mr. and Mrs. Mitchell"—she told me they had done so, and that Mr. and Mrs. Mitchell had gone to Italy with an invalid daughter—I said, "Then you must know the servants as well as Mrs. Mitchell herself would"—she said, yes, she did, and better—she spoke very highly of them, gave them both a very good character, and from that character I took them—they entered my service on 14th October in the evening—the next day, being very wet, I put my drawers all tidy—that was the 15th—the articles that I subsequently missed were then safe—I knew exactly what I had in my drawers—the articles mentioned in the indictment were there—I mean such articles as would be kept in drawers; not the spirits, and wine, and so on—on Thursday, 22d October, I missed a light silk dress, trimmed with black velvet—I mentioned it that evening at the dinner-table—the male prisoner was present—I went to a concert that evening with my cousin, Mr. Wilson, a clergyman, who was stopping in the house, and my little girl—Mr. Bragg is an invalid, he very seldom goes out now—I put my keys down by him on the table in the drawing-room—I always leave them with him when I go out—he is in the habit of sleeping in the evening in his chair—he is very drowsy—on my return I found my keys on the mantel piece—when I went down in the kitchen I mentioned the loss of my dress—the woman told me that the man was ill, and that he must leave—on the following day, the 23d, I went out for a drive directly after lunch, between 2 and 3—on my return I found the male prisoner had left, and taken his luggage—I made a search, but not till after I had appeared in Court against him the first time—on Saturday, 24th October, I went to my jewel-drawer—that was the day I first appeared in Court against him—I missed the jewels which the officer Pink afterwards produced to me, and in the course of the week I missed a great quantity of wine and spirits, and several other things—at the second hearing I heard Mrs. Wheeler give evidence against Glynn—that was the Thursday following the first hearing.
Cross-examined by MR. COLLINS (for Wheeler). Q. You knew at the time you took these people into your service that they were man and wife? A. Yes; I did see not their marriage certificate—I believe she had it with her—I did not ask for it, I took it for granted—they lived together as man
and wife—I am aware that Mrs. Wheeler keeps a lodging-house—she lives at 35, Cambridge-place, Norfolk-square—it is a very large house—there are a great many rooms to let as apartments.
JOSEPH THOMPSON . I live at 5, St. Stephen-square, Westbourne-park—on Friday, 23d October, I called upon Mr. Bragg about half-past 4 in the afternoon—I had some conversation with him—I saw a cab at the door, and saw the male prisoner—after Mr. Bragg told me his suspicions, I went to the door, expecting Mrs. Bragg back, and I saw the prisoner come up in a Hansom cab, run across the garden, and call the labouring gardener after him—I then waited outside, and saw coming across the garden, the gardener and Glynn; the gardener with a black bag, and Glynn with a new portmanteau immediately behind him—I said, "Where are you going?"—he said, "I am going to leave, Sir"—I said, "You have already told Mr. Bragg that you are going to leave to-morrow for Scotland; have you his permission to take those things away to-night?"—he said he had not—I then told him that he should not have in that suspicious manner, and requested him to take the things back again—he put the portmanteau down alone, and came forward and offered to open the black bag, and said he had nothing there but what belonged to him—I told him I did not accuse him of having anything wrong, indeed, the bag was open at the top; he offered to show it—I said, "No, I have no authority to search, I do not accuse you of anything; take them back and discharge the cab," which he did—he took them round the corner of the house, and went and paid the cab.
ALFRED ALEXANDER BIDDLECOMB . I am assistant to Mr. Amherst, of Chelsea, a pawnbroker—on 18th October, about 8 o'clock in the evening, the female prisoner pledged a dress, jacket, mantle, crape shawl, and handkerchief, in the name of Ann Jones—they were redeemed on the 24th October—I cannot say by whom—it was an old woman, but it was not Wheeler, nor Glynn.
CLARA RAGGETT . I was in the service of the prisoner, Mrs. Wheeler, for three months, up to 24th November—I saw Mr. and Mrs. Glynn at Mrs. Wheeler's—they were not there very often—they were there in the course of the three months three or four times—they were not there both at one time—I found this necklace in the pantry of Mrs. Wheeler's house on Saturday-morning, 24th October—I sent for my father, and gave it to Mrs. Wheeler in his presence—Mrs. Wheeler said she would give it up to the owner, Mrs. Glynn.
Cross-examined by MR. COLLINS. Q. You went there about August or September? A. Yes—Mrs. Wheeler keeps a lodging-house—I do not know how many people live in the house—when I was there there were only Mrs. Wheeler and Mr. and Mrs. Glynn—the house was empty, for it was out of the season—I don't know how many rooms were empty.
ELEANOR RAGGETT . I was in Mrs. Wheeler's service about five weeks—I and the last witness left the day after we were up at Hammersmith—I had been five weeks in her service up to that time—Mrs. Glynn brought a black box to Mrs. Wheeler's house on Thursday night, 22d October—Mr. Glynn came the next morning, and wont into the cellar with it—I could not see anything that was done to it—it was like this (produced)—Mrs. Wheeler was in the kitchen—you come out of the kitchen door, and the cellar is on the right—Mr. Glynn had a candle in the cellar—he got it out of the kitchen himself—that was on Friday the 23d—that same evening Mr. Glynn asked me for my cap to strain some wine through—he offered me 6d. for it—I was
not in the cellar at all—no one was in the cellar beside John Glynn—the cellar door was shut, I don't know whether it was locked—I believe he shut it himself—did not see the box afterwards.
LOUISA COX . I live at 13, Campbell-street, Hall-park—the two prisoners Glynn brought two children to my house to nurse, on 16th September—I saw Wheeler twice—I cannot remember the date, or when I first saw her—it was on a Sunday evening in October—John Glynn said that Mrs. Wheeler was his aunt—the second occasion on which I saw Mrs. Wheeler was about a week after the first—it was on a Monday, and after these children came—it was after I found out the charge against Glynn—when Mrs. Wheeler came the second time, she asked me how the child was—she asked me whether the policeman knew that she had called—I said, "Yes"—she told me that I should not have told him that she called—the policeman had called—she told me on the first occasion that Mrs. Glynn had desired her to call, and that if there was anything found wrong we were to put it out of the way—the message was from Mrs. Glynn's lawyer—that was all that passed on the first occasion—on the second occasion she told me not to tell the policeman that she had called a second time—I told her that if I was asked I should tell him that she had called—a person of the name of Frith afterwards called upon me—he did not tell me that his name was Frith, but I afterwards knew him to be Frith—he brought me a slip of paper—I have not got it—it was given to the child to play with—I have looked for it.
LOUISA COX (Cross-examined by MR. COLLINS. Q. What sort of a piece of paper was this? A. I do not remember—I thought everything was right—I do not know what has become of the paper—my sister told me that it was given into the child's hands—I can tell you what was on it—I have looked in every likely place for it—I have not looked in the dust-hole—I don't know what was the date of my looking for it—it is more, than a week ago—I don't know whether it is a month—I saw it in the child's hands the day it was brought, but I cannot say how long after it was left—it was an hour after—it was a mere slip of paper like that (produced)—when it was in the child's hand I read it—I did not have it at first—it was given to my mother—I did not receive it—the man brought it, and gave it to my mother in my presence—I did not take particular notice of it—I afterwards saw the same slip of paper in the child's hands—I saw it in my mother's hands, but I did not read it then—my mother was not present when it was in the child's hands—she is not present now—the child was playing with it in the front parlour—my mother is the owner of the house, and I live there—after I read it I gave it back to the child.
MR. GIFFARD. Q. What was on it? A. "Please give the bearer the bundles. E. Glynn"—Mrs. Glynn brought those bundles about a week before—I do not remember the date.
MR. COLLINS. Q. How long have you known Mrs. Wheeler? A. I don't know anything about her.
WILMOT FRITH (re-examined). I gave the note to the last witness—she gave me some bundles, and I put two bundles in one—they contained female wearing apparel—I took them to Mrs. Burley, and sold them—Mrs. Glynn asked me to sell them—it was Mrs. Susan Burley, who lives at Cambridge-place, Norfolk-square—I don't know the date—it was about three weeks ago, or more than that—I cannot recall the date.
COURT. Q. Was Mrs. Glynn in custody at that time? A. No, she was not.
MR. GIFFARD. Q. Are those the things? I don't know whether you can identify them yourself? A. Yes—I sold them at Hammersmith: they are the things (pointing to the articles previously produced).
MR. COLLINS. Q. How were the bundles done up? A. Two small bundles, and I rolled them into one—I did not examine them—I folded them all up in a paper parcel, and carried them under my arm, folded up.
ELIZABETH DALEY . I live at 9, Three Cranes-court, Borough—I have known Wheeler about five or six years, I cannot tell you exactly—I remember her bringing me a parcel—I did not see what was in it—it is about six weeks ago, I cannot say to a day or two, but it was on a Thursday, I know—I afterwards gave that same parcel up to her in the presence of two officers—I was out at the time they came to my house, but she waited an hour for me to come home—I had had it in my possession a fortnight, or near that time—when I gave it up there were two policemen with her, but I did not know they were policemen, I thought they were friends of hers.
Cross-examined by MR. METCALFE. Q. Was it done up in paper when you received it? A. No; not when I first saw it, but I told her to put it in paper, and put her name on it, that I might know it was hers—It was in a dirty rag,—I did not like to have it so dirty—it was pinned up—it was not sealed up—I did not see at all what was inside the rag.
MR. GIFFARD. Q. Is that the colour of the rag? A. Yes—that is the paper that she put her name on.
MARY BROWNING . I live at Three Cranes-court—I have seen Wheeler once before—she brought a parcel on 7th November—she remained with me from the Saturday evening up to the Friday evening—I heard something which induced me to take the parcel to the police-station, and give it up to the officer—I never saw that parcel before (produced)—it was not unpacked—it was in a brown paper—this is the officer I gave it to (Mackintosh)—my lodgers were not at home that she had been in the habit of dealing with—they keep a little chandler's shop—she asked me to mind it as she was going to the market—she was not at home when Mrs. Wheeler called.
JAMES MACKINTOSH (Police-inspector). On the evening of 13th November Browning came to the station, and gave me a parcel containing a shawl, a velvet jacket, a silk dress, a silk mantle, and a silk handkerchief.
WILLIAM HAMMOND (Policeman, A 373). I was called to the prosecutor's house on Friday, 23d October—I received certain information about half-past 8 that evening—I saw a hansom cab drive up, and I saw the male prisoner Glynn get out of it—as I was walking up towards the cab I heard the male prisoner say, "You have got a very nice horse, give me another drive," and he drove away—he did not do anything but look at the horse between the time that he got out and got in again—about half-past 9 the same evening I saw the prisoner and a man named Frith come past the house—the prisoner was carrying an umbrella—he pointed across to No. 1, Porchester; gardens—they walked round the corner by Inverness-road, which is about fifty yards from the house, stood a few minutes, and had some conversation, when Frith left the prisoner, and walked over, and rang the bell of 1, Porchester-gardens—I followed Glynn down Inverness-road, and the Bishop's-road up into Porchester-terrace, at the corner of Porchester-gardens
again—I went and asked him if his name was Glynn—he said, "Yes"—I, said, "You must come with me to No. 1, Porchester-gardens, for there are some things missing from there"—he said, "Yes, I'll come; if there is anything missing from there I know nothing about it"—he went with me to the house—he was afterwards given in charge by the lady, and taken to the station—I asked him where his luggage was—he said he would not tell me, but he would go with me, and let me search him—I took him to the station, and he was charged.
COURT. Q. Didn't you go with him to where the luggage was? A. No; he would not tell me where it was—he told me he would go with me, but he would not let the prosecutor know where the luggage was—I did not know what the prosecutor had lost—at the station, after being charged, I said to Glynn, "Now it will be better for you to tell the prosecutor where your luggage is; your wife can go with me"—his wife was also present—he said, "No, I will go with you, but the prosecutor shall not know where the luggage is"—on 13th November, I went to Wheeler's house to execute a search-warrant—Mrs. Bragg and a gentleman named Wheeler accompanied me—Mrs. Wheeler was not up when I went in—I waited till she came down stairs—I then said, "Mrs. Wheeler, I want that black box that was brought here by Glynn on Thursday night, 22d of October"—she said, "I know nothing about any black box at all"—I then told her I had a search-warrant to search the house—I said, "Some things were stolen from No. 1, Porchester-gardens, and the first place I want to go to is up stairs into the back attic"—under the bed I found the black box produced—she denied having a black box in the place, but the moment I pulled it out, she said, "Oh, that is the box Glynn brought here"—I then went into Mrs. Wheeler's bedroom to the dressing-table, and behind the looking-glass I found nine tops of corks cut off from bottles with the seals on—I said, "Mrs. Wheeler, what are these?"—she said, "Oh, they are what Glynn cut off in the cellar"—I then said to her, "Now, Mrs. Wheeler, what has become of the gold necklet that was picked up in the pantry by one of your servants when Glynn and you were standing together talking?"—she said she was sure she could not recollect—I said, "Mrs. Wheeler, it is not so long ago that you have forgotten all about that"—she then said she kept it till the next day and flung it into the fire—I then told her she must put on her clothes and go to the police-station with me—she went and dressed herself, and got half-way down stairs, and said, "Policeman, it is no use telling any more stories about it; I have taken it to No. 9, some court in the Borough, if you come with me I will show you where it is"—I called with her, and Mrs. Daley was not at home—we waited two or three hours—when Mrs. Daley came home, she gave a parcel to Pink, No. 85, but I was not present—I searched the cellar in Mrs. Wheeler's house, and found a bottle—a portion has got broken coming here—the top is here, but the cork has not been drawn—the top is cut off and there is a hole in the neck of the bottle—on 14th November, I found, in a portmanteau in Glynn's lodgings, these two pins.
Cross-examined by MR. METCALFE. Q. Just recollect, it is not quite correct, is it, that she did not tell you where the box was before you found it? A. She said she knew nothing about the box—she did not say that there was a box up stairs under the bed, until I got up stairs—I am positive of it—I asked about the box, and then she said, "I know nothing about it"—I then read the warrant—she did not then say "The box is up stairs under the bed"—I went upstairs in the top room—she did not tell me where the box was—I have been examined before, and my examination was read over to
me—I was examined on 14th November, which was shortly after the conversation—I again say that she did not say "Oh, the box is up stairs under the bed."
John Glynn. Q. Didn't I tell you I was coming to fetch my wife? A. No; I asked you if your name was Glynn, and you said "Yes."
WILLIAM HENRY ANDREWS . Q. I am clerk to the Magistrates at Hammer-smith—Wheeler was called as a witness by John Glynn when he was charged on 31st October—she was sworn in the ordinary way—I took down her statement—it was as follows—(Read: "Elizabeth Wheeler, I live at 35, Cambridge-terrace. I keep a lodging-house; I know the prisoner at the bar since February in this year. Mr. Stewart lived in my house. The prisoner lived in his service. He had a sister, Mrs. Mitchell. He told me they had lived a year and a half with them. Mrs. Mitchell on leaving told me to tell any one who called, the prisoners had lived with them a year and a half, and conducted themselves well. The prisoners lived as servants to Mrs. Mitchell whilst she was there. They were servants both to Mr. Stewart and Mrs. Mitchell. Cross-examined. "The Mitchell's were with me a fortnight the last time. I understood they came from Scotland and went to Italy. Stewart was there about three weeks. I do not know where he came from, or went to. I did not say they lived in my house. The prisoner's first came the latter end of January or February, with the Mitchell's. The Mitchell's have, lodged twice with me, and Mr. Stewart was with them each time. The prisoners came backwards and forwards to wait on them."
GEORGE PINK (Policeman, D 85). I went with Hammond to 35, Cambridge-place, kept by Wheeler—I found these three corks lying on the bottom of the cellar—I also went on the 15th to 9, Three Cranes-court, Borough—Mrs. Daley was not in, but I waited for her, and at last she came in—Mrs. Wheeler said to her, "I want you to give me a parcel I left here some time ago"—Mrs. Daley said, "Very well, my dear, come upstairs"—I accompanied Mrs. Daley and the prisoner up stairs—on getting into the first floor front room, Mrs. Daley handed to Wheeler the parcel produced—in it were a silver watch and guard, six brooches, a pearl pin, a gold necklet, a gold chain and seal, two gold cameo studs, fourteen duplicates, and a crooked sixpence—there was also a small casket box containing some coins which have not yet been identified—I opened the parcel and showed it to her—I said, Mrs. Wheeler, are all the things here that you left there?" she said, "Yes, and I took them there because I thought it was likely my house would be searched"—in April last, I was present at a trial in which both Wheeler and Glynn were witnesses—Wheeler was in Court when Glynn was examined—Glynn gave his name "John Glynn, butler to John Penson, 104, Westbourne-terrace, Paddington;" and I produce the property found in the cistern at that house.
Cross-examined by MR. METCALFE. Q. Was that here? A. No; at Clerkenwell, before Mr. Payne—I cannot say who was examined first, whether Wheeler or Glynn—when I said Wheeler was in Court, I speak of the Police-court—I cannot speak positively as to who gave evidence first, but Glynn was present at the Police-court—I cannot say whether the Magistrate was Mr. Mansfield or Mr. Yardley—it was Marylebone Police-court—I swear that this man was in Court when Wheeler was examined—I had my eye upon them—I was the officer in the case—the whole of the witnesses were in Court at the time—there were some seven or eight.
—he is very ill indeed, and not able to leave his room—I have lived with him upwards of seven years—John Glynn was in his service one month less one day—it was from 18th June to 17th July, 1862—he has not been to Italy within the last two years—he never at any time lived at 35, Cambridge-place—Mr. Mitchell has lived in the same place where his office is for these last few years.
Cross-examined by MR. METCALFE. Q. Do you know Mr. Stewart? A. No.
ANN PARKER . I am the wife of Mr. Thomas Parker of Blackheath—I know the two Glynns—I first saw them a few days before 15th July, this year—I first saw the male prisoner—he applied for a situation as in door servant, and came down the following morning to be engaged—I afterwards engaged the female prisoner, who now goes by the name of Glynn, as housemaid, upon his recommendation—she then went by the name of Cottrell, I think—she did not go by his name as his wife—he said that she had lived for a year and nine months with Mr. Stewart—they entered my service on 15th July, and they left on 29th September.
John Glynn. Q. Do you remember Mrs. Parker, when you answered my advertisement, asking me if I knew of a thorough housemaid? A. No; I did not ask you, I said I wanted a housemaid—you denied that the female you recommended was your wife—you did not afterwards state that you got married to your wife during your stay at Ascot—I remember having a party of gentlemen at my house at Blackheath.
Cross-examined by MR. BESLEY. Q. Did you find out that the two Glynns slept together? A. No; I did not dismiss them for that—I was not one day in the house with them—I was away six weeks—I suspected that they were man and wife—I asked them whether there was anything at all between them; whether they were sweethearts, and the female said, "No, nor yet likely to be"—that was not after I engaged them.
John Glynn. Q. Do you remember, Mrs. Parker, going into the country? A. Yes; I do not remember leaving your wife to do the cooking for nine people, when she watt getting housemaid's wages—I did not leave anybody but your wife, but she had to cook only for Mr. Parker—I brought some fresh butter back from the country with me—I do not remember having some for supper that night—I do not remember asking you when you laid the breakfast things the next morning whether I swallowed the fresh butter up—it is false—I did not tell you that you should leave unless you used better conversation—you were both secreted in a little closet—I paid your wife her wages that night, and then I had her up again, and I said, "Is it true that you are this man's wife?" and she said, "Yes."
CLARA DIBBIN . I am nursemaid in Mrs. Bragg's family—I remember John Glynn having a black box in the pantry—I last saw it there on Thursday, 22d October—this is it (produced)—I first saw that it was gone on the Friday—Elizabeth Glynn had a trunk which she kept up stairs—that went away on Saturday, the 24th—the policeman, Hammond, and the female prisoner, Glynn, took it away—I remember Mrs. Glynn taking a dress coat away on the same evening.
Cross-examined by MR. BESLEY. Q. She made some observation, I believe, at the time, did she not? A. Yes—it was hanging in the pantry—she was collecting her things, and I took it down—I said, "I do not know whether it is Glynn's or not"—she looked at it and said, "I am not sure"—the family generally dine at six—I do not know whether they were dining later than that on the previous Monday, 19th October—I cannot remember
whether dinner was just over, or on, about 8 o'clock that evening—one evening I do not recollect which, Elizabeth Glynn came in about 9 o'clock, when I came down to supper—it was either on the Monday or the Tuesday before the 24th, on which day the officer took away the trunk—she was out with her bonnet and shawl—I said, "Have you been out?" and she said, "Yes"—I believe it was on the Monday—I believe she attended at dinnertime—I went down to get the tea, and she was cooking at that time, 5 o'clock—I did not miss her till I came down to supper—I was up stairs—I do not know how long she was away.
John Glynn. Q. Do you remember the Wednesday night my wife and I entered Mrs. Bragg's service? A. Yes—I remember on the Thursday morning a young woman being there as housemaid—I do not remember being at the door and asking for you—she came at 7 o'clock and rang the bell—you said you would not ring the bell; you said that we must tell Mrs. Bragg it was the milkman, and that she need not know any difference—I said, "No, she need not"—I do not remember a young woman coming there about being parlourmaid—I do not remember seeing one in the kitchen, and a tall young woman with her—I remember Miss Bragg coming down to dessert at 7 o'clock, as a general rule—I do not remember coming down any night because I had no work, and saying that it was lonely—I was ironing one night during this week in question—I was not washing one night; I wash in the morning—I remember seeing some reindeer's tongues, and asking what they were, but I do not know what night it was—I remember a hamper of apples coming the same night—I remember you bringing some of those apples up for dessert—I was going to the post-office at the time—I had my bonnet and shawl on to go out—I was going through the scullery, to go out that way—it was about 7 or 8 o'clock—I know that Mr. Bragg goes to the City to business.
THE REV. MR. WILSON. I am a clergyman from Preston—I was staying at Mr. Bragg's house on a visit, at the time the male prisoner left—after he left I saw a bar of soap found in a drawer in the pantry—I wore a dresscoat on the Wednesday night—I did not look for it again till a week after—I did not find it then; it was missing—I have never seen it since.
John Glynn. Q. Did you not state at the Court that on the Wednesday you had worn your coat, and that it was a general rule for me to take your clothes and brush them, which you said I had not done? A. Yes—I did not, to my knowledge, on that night beg to be excused from going up stairs—I wore a dress-coat one or two nights in the week, and I will not be quite certain as to the days—I think I did wear it that Wednesday or Thursday, because the other has some grease from the candle—I did not bring a very small black bag, containing some collars and a shirt or two, to Mrs. Bragg's house—the boy brought a carpet bag; it was not particularly small—I had a change in my carpet bag.
Cross-examined by MR. BESLEY. Q. Did Glynn remain in your service a week after the 23d October, when John left? A. No; we took him with us that night when I gave the man in charge—that was the same night, Friday—she did not remain in charge—we took her to the station because we did not wish her to remain in the house—I believe she went to her lodgings—she came with the policeman the next night.
John Glynn. Q. Do you remember that, three or four days after I had
been in your service, there had been a lot of empty bottles in the pantry? A. Yes; I gave you a commission to put them out of doors into the potting-house, and to put the pantry tidy—there were some other bottles—you put them into the mushroom-shed; I remember bringing them there to you—an extinguisher belonging to one of the kettles was lost before you come—I remember looking in the pantry for it on the morning you were there—I came into the pantry every morning—I do not recollect searching for it while you were out—your wife followed me about—I was about the pantry with your wife when you came into the pantry—I remember a small chest in the pantry, with three drawers; it was where any persons that came into the house could come if they thought proper—the bar of soap was not in those drawers; they were open to anybody who came into the house.
COURT to WILMOT FRITH. Q. Can you give us the date when you received the bundles from Mrs. Cox? A. No; it was about three weeks ago.
MR. BESLEY. Q. Did Mrs. Glynn ever say to you that her husband was in custody? A. She said he was taken in custody for being tipsy; that is all I know—that was when I took, these goods to Mrs. Burley for Mrs. Glynn.
John Glynn's Defence. "I found those two parcels in this potting-house. I put the first into my box. I sent it to Mrs. Wheeler. The contents she knew nothing of; and the second I gave her to take to Miss Cox, and she didn't know what was in it, or anything at all about it. She didn't know whether it was clothes Mr. Bragg had given me. I did not return them, which I did not know the evil of until now, or I should have given it to Mrs. Bragg. A week after Mrs. Bragg talked to me about it being stolen, and I went to Mrs. Wheeler's to get the property back, but I could not get it, or I should have done so. I never took the property from the drawers, or any other portion of her house. In other places where I have been living, had I had a mind to be a thief, I could have taken away the plate, but I have given up my place, to the satisfaction of Mr. Bragg and Mrs. Bragg. There was nothing even to show fraud against me. My wife had not the least knowledge of anything that was going on."
ELIZABETH GLYNN and WHEELER received good characters.—
Confined Twelve Months each.
GUILTY .— Eight Years' Penal Servitude.
MR. BESLEY conducted the Prosecution.
ALFRED ANDREW HALL . I am a painter, living at Golden-square—on 9th November, at half-past 3 o'clock, I was on Ludgate-hill, and saw the prisoner going in the same direction behind me—in Farringdon-street there was a crowd, and I saw the prisoner there—I lost a silver watch, and immediately took him by the collar, and charged him with the robbery—I saw the watch at his feet—the policeman has it now—the bow was broken off—I handed him over to a police-constable, and charged him with stealing it—he denied it.
Cross-examined by MR. LILLEY. Q. Had the procession passed at the time? A. Yes; some two hours previously—I was not waiting for its return; I was coming away from St. Paul's—the crowd was very considerable, and there was a good deal of pushing—I had seen the procession going
towards Westminster—I was very much pushed and crushed, more particularly at the corner of Ludgate-hill.
MR. BESLEY. Q. Tell us why you accused the prisoner? A. From the suspicion of his following me, and being so close—I found his hands so close to my pocket—I suppose they were his hands, because he was the only person who could get there.
COURT. Q. But he was behind you? A. He was behind me at Ludgatehill, but at the corner of Farringdon-street he was right in front of me.
GEORGE BAKER . I live at 1, Plough-court, Fetter-lane, and am a carpenter—I was at the corner of Ludgate-hill on the Lord Mayor's show day about half-past 3—I saw the prosecutor and the prisoner there—the prosecutor said he hod been robbed of his watch, and laid hold of the prisoner's collar immediately—the watch was on the stones close to the prisoner.
Cross-examined. Q. There were, no doubt, many other persons close to him in the crowd? A. Oh, yes; I was close to him—I was at one side of him, and the prisoner was in front.
ROBERT THOMAS CHILD (Policeman, 232) I received the prisoner into custody from Hall—he charged him with stealing his watch—the prisoner said, "He did not see me take it"—this is the watch (produced)—the ring is broken—I took him to the station—he was asked his name and address—he said he came from Newcastle—I received the watch from the prosecutor.
The prisoner's statement before the Magistrate: "I wish to have it settled here. I promise you this shall be a warning to me."
GUILTY .— Confined Six Months.
MR. BESLEY conducted the Prosecution.
CHARLES COLLINS . I am a warehouseman in the employment of Mr. William Tegg, of Pancras-lane—on Friday night, 13th November, I looked over the warehouse—I kept the key in my possession—everything was safe—on the following morning I found everything in the warehouse as usual—the lacks were unaffected; but on opening the door and going into the counting-house, I found that four of the desks were thrown back; one desk had been forced—the contents were strewn all about the place—in the inner counting-house, Mr. Tegg's, I there discovered that the drawers had been opened, and also the private case in his counting-house, and some books had been brought into the inner counting-house—there was a skylight in the general counting-house; from that sky-light were suspended two cords the night before—the skylight was not opened the night before—there is one window opened to let the air in, but this was fastened the night before—the window had been up, and the cord put through the open window.
WILLIAM DIXON . I am in Mr. Tegg's employment—I left the warehouse ten minutes before 6 on Friday, 13th November—I left a coat on the premises—this Johnson's Dictionary, which Mr. Tegg is in the habit of using, was there (produced)—this coat produced is the one I left, and is my property—it was safe the night before the premises were entered—I had worn it on the Friday.
THOMAS IRWIN . I am a bookseller, of Waterloo-road, Southwark—the small dictionary was at one time in my possession—I gave it to Mr. Cox, a policeman—I received it from the prisoner on Monday, 16th November—that was between 12 and 1 in the day—he said that he had had it in
his possession some time, and was sorry to part with it, and if I had it at a future time, he would have it again.
Prisoner. I told you that I had just bought it this morning, and it is a nice little book. Witness. You said nothing of the kind.
HENRY RICHARDSON . I am assistant to Mr. Amherst, pawnbroker, of York-road, Westminster—I produce the coat which has been identified by Mr. Dixon—I took it in pledge on 14th November, I cannot say who of, but I identify the duplicate produced as being the one I gave to the person who brought the coat.
Prisoner. It was not me who pawned the coat.
ROBERT LEWIS SPRAKE (City-policeman, 411) I was present with Hancock when the prisoner was taken into custody, on 18th November—I told him the charge, and asked him if he sold the book—he said, "No"—I found on him a screwdriver, a chisel, a duplicate, a knife, and some matches.
Prisoner. I told you I had sold a book in the first place. Witness. You said once that you had sold a book, and then afterwards you were asked by Hancock whether you did sell it, and you said you had not.
EDWARD HANCOCK . I went to Mr. Tegg's premises on the morning of the 14th—there is a gateway, and above it a revolving chevaux-de-frise, and above that a stationary chevaux-de-frise—I found marks on them—I found that the sky-light had been lifted up and the cord had been cut—I found a cord hanging from the iron-work close to the window—I afterwards went into the counting-house, and found one of the desks had been forced open—I subsequently apprehended the prisoner, and saw him searched, and this instrument found upon him—I compared it with the marks on the desk, and they fitted exactly on the right hand of the desk—the impression was about an inch long—the instrument was quite forced into the lower part, and there were marks right to the broad part—I took hold of him in Stamford-street—I said, "want you. You sold a book in the Waterloo-road," and he said, "I did not"—I said, "Well, I shall take you for breaking the premises of Messrs. Tegg. You perfectly understand the charge I make against you? You did sell that book," and he said, "I did"—I said, "Well, which am I to believe I did you, or did you not?"—he said, "I did not"—at the station the charge was read over to him, and he said, "I did not sell the book."
Prisoner's Defence. I did not deny selling the book. I know nothing about the premises whatsoever. I bought the book, but not with the knowledge that it was stolen. The other man was with me who broke away from the other officer, and got away. I gave a description of him, but I do not know where he is to be found.
COURT (to EDWARD HANCOCK). Q. Was there another man with him? A. There was a man I believe to be his cousin—he has been frequently convicted.
GUILTY .—He was further charged with having been before convicted at Newington, in July, 1863; to which he
PLEADED GUILTY.— Confined Eighteen Months.
OLD COURT.—Friday, December 4th, 1863.
Before Mr. Recorder.
MR. PALMER conducted the Prosecution. MESSRS. MONTAGUE WILLIAMS and DALEY the Defence.
The COURT did not think the felony could be supported.—
NOT GUILTY .
They were again indicted for an assault; to which they
PLEADED GUILTY .
—The prisoners, through their counsel, offered compensation to the prosecutor for the injury.— To enter into their own recognizances to appear and receive judgment if called upon.
DAVID LYON . I live at 69, Arundel-square, Islington—about 3 o'clock in the morning on 29th October, my wife awoke me—I got up, and spoke to a policeman out of the window—in consequence of what my wife said, I let him in by the back door—I searched the house, and in the drawing-room I found the prisoner lying behind the couch—the only remark he made was, "Don't disarrange me"—I saw how he had got into the house—my house is next to an iron church, and he had got over the wall across the garden on to a dust-bin, from thereon to the cistern to the staircase window; he then broke a square of glass, and had to put his arm through fourteen inches to undo the fastening of the window; he had then lifted the window up, and gently put it down—at that time my wife awoke me, and I heard footsteps go down stairs—all was quite safe the night before when I went to bed.
Prisoner. Q. How large was the pane of glass that was broken? A. Twelve inches by four—it made a noise that awoke my wife—nothing was removed but a cushion from the couch to the ottoman to enable you to step over the couch to lay behind it—you had not opened a door, you had not time—you were about half an hour from the time you began to get in till you were taken by the policeman—I heard your footsteps, and you must have heard mine, because I walked heavily on the floor above you—you could not have made your escape by the front door very well, because I was coming down stairs—I don't think you could have got away, as the police-sergeant was in front of the house, nor have got out of the house, you would have had bolts and locks to undo—I don't know that you had attempted it—my son sleeps on the same floor—you looked very dirty—I should think you were sober; a drunken man could not have got in as you did—I thought at the Police-court that you did not know what you were doing, because you had such a dirty appearance, as if you had been drinking.
IPHEGENIA LYON . I am the prosecutor's wife—I was awoke by the breaking of the glass—I heard the bolt of the window unfastened—I then awoke my husband—I heard the window raised and closed, and heard foot-steps go down the stairs—my husband rose and dressed—we considered what we had best do, and I proposed his opening the window and calling a policeman, as I was reluctant for him to go down, as he was not armed—the staircase window opens on to the landing, about six steps from our bedroom door—my husband went down after, perhaps, the lapse of a quarter of an hour.
Prisoner. Q. Do you think I had an opportunity to leave the house before your husband went down? A. No, because the sergeant was in front of the house—I don't think you made the attempt—you did not go into any other room—the drawing-room is on the same floor as the street door—you would not have had far to go, but you would have had a chain, and bolts, and lock to unfasten—I thought at the time that you were mad; you looked very dirty, and twenty years older than you do now.
ISAIAH WARR (Policeman, N 163). I was called in by the prosecutor, and found the prisoner under the sofa in the drawing-room—I asked what he was doing there—he made a sort of sneer—I got him out, and again asked him—he said something about disarranging his clothes—I asked him a third time—he said, "You have got me now, and I am in your hands; that is quite sufficient," or something of that sort—he did not smell of drink—he was in a very dirty state.
Prisoner. Q. Did you find any implements of any description upon me? A. No, nor any lucifers—I found your hat in the churchyard at the back of the premises, very carefully placed down under the fence—you identified it at once—you were not drunk—the inspector took off your scarf and collar at the station; we generally do; we thought it had been stolen from somewhere else—you gave a false address—you appeared as rational as you do now.
Prisoner's Defence. The only thing I can say is that I was so drunk I really do not know anything at all about it, but I think you will see from the evidence that it was not the action of a burglar; I did not try to get into the house stealthily, and after breaking the window I must have opened it, got in. and shut it down again, leaving my hat in the churchyard; they could hear me go down stairs, and I must have made a great noise, and have remained a quarter of an hour in the drawing-room without any light, and without making the least attempt to escape; I can assure you that though I was guilty of the sin of drunkenness, I had no intention of committing a burglary.
GUILTY .— Confined Nine Months.
The officer stated that the prisoner's friends were respectable, but that he had been for four or five years leading a dissipated life.
MR. NICHOLSON conducted the Prosecution.
PATRICK RILEY . I live at 3, Sophy-street, Poplar—on the evening of 17th October, about half-past 10, I was sitting in my parlour eating my supper, and the prisoner came down the stairs, kicking against the skirting, and sung out for the County of Limerick son of a b—; he came alone the passage, came into my room, up with a hammer, and hit me on the top of my head—I put my hand up and said, "Good God; what is that?"—I turned round and saw he was in his shirt-sleeves—he up with his hand and hit me again, and I don't remember any more after that—he had no right to be in my room—my wife and Mrs. Hayes were in the room with me—when I came to my senses I found myself in the hospital—I was there a month, and am an out patient now—I was quite sober—I had not had any quarrel with the prisoner; the women might have had a few words—he is from one part of Ireland, and I am from another—he brought the hammer in with him.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. Does he lodge in the same house with you? A. Yes; there had not been a great disturbance in the house before this; only a few words among the women, not between me and him—my parents come from Limerick—the prisoner is a Kerry man—the Limerick men and the Kerry men don't get on very well together—I don't know that the prisoner had been beaten about the head with a poker—he was not covered with blood when he came down—I don't remember any policeman being brought in—I have never said, if they would give me a pound I would not say any more about it—the prisoner did not bring in a policeman and point out a man that had struck him
with a poker, nor did I say, "That is not the man; it is no use telling any lies"—I had not seen any fighting or quarrelling that night—I was sitting peaceably at my supper when he came in and struck me on the head with the hammer.
MARGARET HAYES . I live at 3, Sophy-street, Poplar—I was in Riley's room about half-past 10—he was getting his supper—the prisoner came down stairs, kicked the partition, and said he was ready for any County of Limerick, son of a b—; that he had his own faction in his room now: and he hit Riley on the back of the head with a hammer—Riley stood up to see who did it, and the prisoner gave him a second blow on the forehead—I put my arms round his neck, and cried for mercy—I then ran for a policeman—there were two other men in the passage, and when I came back Riley was taken to the hospital.
Cross-examined. Q. Are you a native of Ireland? A. No; of London: my parents are of Limerick county—I had been in the room about half an hour when this took place—there had not been any disturbance in the house—the prisoner had no blow on his head when I left the house to go for a policeman, nor was he covered with blood—he gave Riley three blows with the hammer before I left the house—some of the prisoner's relations had moved into the house that same night.
MARY RILEY . I am the prosecutor's wife—on this night I was sitting in my own place, with my bady in my arms, my husband was sitting at the table having his supper—the room door was open, likewise the streetdoor—the prisoner came dawn stairs from his own place, kicked the partition in, and called for any County of Limerick son of a b—; my husband made no answer—the prisoner walked through the passage with a small hammer in his hand, and hit my husband on the back of his head—he got up, and said, "My God; who did that?"—he turned, round to see, and the prisoner hit him a second blow on the front with the hammer; and he was immediately dragged into the passage, and got several other blows—the prisoner was then taken away up stairs to his own place, and my husband was conveyed to the hospital—he was there nearly five weeks, and is very poorly now.
Cross-examined. Q. Had there been any disturbance before this? A. Not at that time—about five or six months ago there was a little disturbance between me and the prisoner's wife—I did not see that the prisoner had wounds on his head—he was covered with blood which gushed from my husband's head and face—I did not see any policeman come in and speak to my husband before this.
COURT. Q. What time did your husband come home that night? A. Between 5 and 6—he had been out again to got shaved, but came back again, and was in-doors for three quarters of an hour before this occurred, and was quietly eating his supper.
HENRY WYLLIE . I am house-surgeon at Poplar Hospital—about half-past 12, on 18th October, the prosecutor was brought there—he was suffering very severely from blows on the head, and he had evidently lost a great deal of blood—there were four contused wounds; three on the forehead, and one at the back of the head—the one most to the left was the most severe, for the skull was fractured there—the part that was fractured was about one-third of a circle, the diameter of which circle would be about an inch—the wound was bleeding very much—the anterior temporal artery was divided—blows would most likely cause such a wound, a fall from a height, upon something the shape of the circle, might inflict a similar wound—it
was precisely the sort of wound that would be done by the top of a hammer—he was in a dangerous state: he might have died through it—he is still in a very weak state, and will be for some time with the least excitement, or after taking any amount of drink, he will always be liable to suffer from it—he had been taking something to drink at the time, but was not intoxicated—he was quite sensible, and spoke sensibly.
JOHN BURGESS (Policeman, K 236). I took the prisoner into custody about half-past 12—I searched his place, but found no hammer—he said he had been struck by a poker, and had struck with the hammer in his own defence.
Cross-examined. Q. In what state was he? A. He had a blow over the right eye.
GUILTY .— Confined Eighteen Months.
79. JOSEPH WEST (28), and SUSAN FARMER (40) , Burglary in the dwelling-house of Frederick George Widdows, and stealing 24 spoons, and other articles, his property. Second Count, Feloniously receiving the same.
MR. PLATT conducted the Prosecution.
MARY ANN UPSTON . I am servant to Mr. Widdows, of London-road, Enfield—on the night of 29th October, about 9 o'clock, I closed the shutters and put the bar up—I remained in the kitchen till half-past 10 and then went to bed—I cannot swear that the window was fastened; it was closed—I got up about 7 in the morning—I found the kitchen-window open at the top—a hole had been made in the shutters large enough to admit a hand, and they were open—the Venetian blind had been cut down—a person could undo the bar, and then get in—there had been some plate in a basket on the dresser the night before—I went upstairs to my mistress, came down again, and found a coat had been taken from the hall, and a pair of my master's boots from the kitchen-fireplace, where I had put them to dry the night before—I also missed a pair of dress-boots out of the nursery-cupboard—these (produced) are them—they belong to my mistress, and these are my master's—the plate has not been found.
Cross-examined by MR. PHILLIPS (for Farmer). Q. I believe only one pair of your master's boots were taken? A. No—these are them—I know nothing of the other pair.
WILLIAM PENNYFATIIER . I am a milkman at Enfield—on the morning of 30th October I called at Mr. Widdows' as usual to leave the milk—I went to the back door—I saw the top sash of the kitchen-window was drawn down—the blind was cut down, and was lying on the window-sill, and the shutters were open—I found these pieces of wood lying outside.
FREDERICK GEORGE WIDDOWS . About 7 in the morning of 30th October, in consequence of what I heard from Upston, I went down stairs—I found the plate-basket empty—the hall-pegs had been divested of three coats, but one, not being of sufficient value, had been left—this overcoat (produced) is mine, and was hanging on the pegs the previous night—this pair of Wellington boots are also mine—I had taken them off on the previous night—I believe this pair of kid boots to be my wife's—a quantity of plate was taken.
Cross-examined by MR. ORRIDGE (for West). Q. Is that an old pair of boots? A. No; it was only the second time of my wearing them; but the prisoner has worn them since for a week, which has rather disfigured them—he left his own behind.
MARY ANN UPSTON (re-examined). I found these old boots in the oven in the kitchen—they don't belong to anybody in the house—this piece of candle was stuck up in an egg-cup on the dresser, and the greased paper was also on the dresser—they do not belong to the house.
EDWIN COATHUPE (Policeman, A 86). On 29th October, about 8 in the evening, I was standing at the corner of Southampton-street, Holborn, in company with Sergeant Shore, and saw West coming from Newton-street—he was dressed much as he is at present—about 10 o'clock on the morning of 30th I was standing in the same place alone, and saw West pass by again on the opposite side of the road—he then appeared to have a new suit of clothes on—on the night of 30th, about 10 o'clock, I saw Sergeant Shore in Drury-lane—I had then heard of the robbery, and on Tuesday, 3d November, I went with Shore to 7, Charles-street, Drury-lane—Farmer lives there, and keeps a shop—I asked her if she had any lodgers—she said, "Yes, a young man in the kitchen"—we went into the kitchen, and there saw West in bed—I told him to dress himself—he put on his clothes, and I took him to Bow-street station, leaving Shore in the house—I asked West at the station to give an account of the overcoat and boots that he was then wearing—he said, "I bought them of a man, whose name I do not know, living in the Seven Dials"—this is the coat and boots, and this is the same coat I saw him wearing when he passed me at 10 o'clock in the morning.
JOHN SHORE , (Police-sergeant, G 11). I was in company with Coathupe on the night of 29th, and saw West pass—he was dressed about as he is now—I saw him on Sunday, the 1st, in Charles-street, Drury-lane—he was then wearing this overcoat—I went on 3d with Coathupe to 7, Charles-street—he asked the landlady if she had any lodgers—she said, "Yes, one young man in the kitchen"—we went in the kitchen, and told West he must accompany us to the station—he got up, dressed himself, and Coathupe took him away—he put on this coat and the boots—after he was gone I went into the shop to Farmer, and said, "Have you any property belonging to the man who has just been taken away by the police-officer?" (she saw him go out) she said, "No; I have nothing in my place but what I have had for years"—I said, "I shall search the place"—she said, "That you can do if you like"—I went into the back parlour, and in a drawer of a chest of drawers there I found these three pairs of boots—I asked whose they were—she said they were her own, and that she could prove it by a person named Jackman—I took her to the station—she was placed with West, and charged in his presence—she said, "That man gave me the boots"—West had previously stated that he had given them to her.
Cross-examined by MR. PHILIPPS. Q. What she said was, that he had given her the kid-boots, was it not? A. She said so at the station—she said that Joe had left the pair of boots with her.
Cross-examined by MR. PHILIPPS. Q. How do you know they are yours? A. They are stitched in a peculiar way—they were made for me—I have had them several months.
The prisoners' statements before the Magistrate:—West says, "I purchased the property, and left the pair of kid boots with the landlady." Farmer says, "West gave me the kid boots to mind, the others are my own property."
THE RECORDER was of opinion that there was no case against FARMER—
NOT GUILTY .
—WEST, GUILTY on the Second Count. He was further charged with having been before convicted on 20th October, 1859, at Maidstone; to this he
PLEADED GUILTY.**— Six Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
ALFRED CLEARSON . I am lieutenant and secretary of the London Rifle Brigade—on the night of 23d November, about 8 o'clock, I was passing down Ludgate-hill towards Fleet-street—on arriving at the end of Ludgate-hill I saw the prisoner—he hustled me in a very rude and unnecessary manner, there was no crowd—I tried to push him off, and he did it again, and directly he left me I felt in my pocket, and my watch was gone—I had bad it safe a very few minutes before—the prisoner was going quickly off—I went in pursuit of him—I was obstructed, and, in crossing the street, several men tried to trip me up; however, I continued the pursuit, and overtook. the prisoner before he came to the opposite corner of Fleet-street—I seized him immediately, and he fell down—we were then surrounded by a crowd, who tried to rescue him; but the police came up and took him into custody—I did not lose sight of him at all—I saw him searched, but no watch was found—he had an opportunity of passing it even before I pursued him.
Cross-examined by MR. WARTON. Q. Did you observe whether there were any cattle in the road? A. I did not—I can't say whether there were or not—the hustling took place at the corner of Ludgate-hill and Farringdon-street, and it was at the opposite corner that he slipped down—the pursuit lasted but a few moments.
JOSEPH JOSIAH CAFFERY (City-policeman, 317). I saw the prisoner running across from Ludgate-hill towards the west side of Farringdon-street, and heard cries of "Stop thief?"—I ran across the road, and got up to him at the same time as the prosecutor—he fell down—the prosecutor charged him with stealing his watch—I took him to the station and searched him, but found no property on him—he gave an address that I could not find out.
GUILTY.— Judgment respited, for the attendance of officers to speak to the prisoner's previous character.
THOMAS KIRBY . I work for the Midland Railway, and live at Tower-hill—I am about thirteen years old—on 22d November I was with two other boys at the Tower-stairs, sitting in a boat—the prisoner come down, came into the boat, and said to me, "I will chuck you overboard"—the other two boys, who were playing with a skull at the back of the boat, escaped, and left the skull there—I went to catch it, and the prisoner came behind me and threw me head first into the water—the water is ten feet deep there, and four feet of mud—I had my best clothes on—I went down, and when I came up again the prisoner happened to catch hold of my collar, after Mr. Metcalfe hallooed for the Thames police, and Mr. Metcalfe came to my assistance, and carried me to the shore.
Cross-examined by MR. DALEY. Q. Was the boat empty when you went to it? A. Yes; the other two boys jumped ashore because some one hallooed out, "Here comes the boy belonging to the boat"—I have stated before that the prisoner said he would chuck me overboard (The witness deposition being
read did not contain that statement)—I am sure he did say so—the skull fell into the water—I tried to get it, and the prisoner seized a rope and tried to pull the boat down the river after the skull.
JAMES METCALFE . I am a waterman—I saw the three boys playing in the boat—when they heard that the prisoner was coming, two of them escaped, leaving the oar slipping out of the rullock—Kirby went to save it, but it went overboard—as the prisoner came down I heard him say, "I will throw you overboard"—he went into the boat, and Kirby begun to cry, and got from one thwart to another to escape, and the prisoner gave him a violent shove on the back, and sent him head first into the water—he went down, and as he came up the prisoner caught hold of him—I ran to his assistance and dragged him ashore.
THOMAS CLARK (Thames-police-inspector). I took the prisoner into custody—he said, "He had no business in my boat"—I know this spot—there is ten feet of water there, and there is a sewer coming out near there.
GUILTY.—Recommended to mercy. The prisoners father stated that he was willing to make the prosecutor some compensation, and entered into recognizance for the prisoners' appearance to receive judgment if called upon.
82. JAMES CONNOR (30) , Feloniously breaking and entering the dwelling-house of Samuel Mahood, and stealing 98 pairs of ear-rings, and other goods, value 489l. 12s. his property. Second count, feloniously receiving the same. (See case of Weston last Session, page 677).
MR. WARTON conducted the Prosecution.
SAMUEL MAHOOD . I am a jeweller, of 100. Oxford-street—on the night of 19th or morning of 20th September, I found my premises had been broken into, and a large quantity of property taken away—these articles produced by Potter, are my property—here are two pairs of bracelets; they were part of the property that was taken.
THOMAS POTTER (Police-sergeant, D 2). On Thursday, 22d October, I was outside the Adams Arms public-house, in Hampstead-road, Fitzroy-square, occupied by Mr. Gilbertson, and saw the prisoner there—on Saturday, the 24th, between 1 and 2 in the day, I went to the prisoner's lodgings, 60, Bolsover-street, accompanied by Inspector Hubbard—I went to the top floor and found the prisoner there in bed—I said, "Jem, you are wanted"—he said, "How is that, how is that?"—I said, "Inspector Hubbard will tell you"—Hubbard told him he was charged with being concerned with others in custody, and also others not in custody, in stealing a quantity of jewellery from Mr. Mahood's house, 100, Oxford-street—he said, "All right, I will go with you; wait a minute, let me dress"—he dressed himself, and was taken to the station—about an hour afterwards I went to the Adams Arms in company with the prosecutor and Hubbard—I there received from Mr. Gilbertson a pair of bracelets, some ear-rings, a cameo brooch, and other property—I afterwards went to No. 1, Grafton-street, and received from Mrs. Kendall a quantity of jewellery, which I produce; silver knives, brooches, crosses, pencil-cases, and other things.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. When Hubbard told him the charge, did he not say, "I know nothing about it"? A. He might have said so—I do not remember those words; I was busy searching the room—the prisoner may occasionally go to sales: I do not know that he is in the habit of doing so—I never saw him at a sale.
the prisoner there in bed—I told him that I charged him with being concerned with others in committing a large robbery at Mr. Mahood's, 100, Oxford-street—he said, "I know nothing about it"—I then said to him, "You know something about it, because you have sold some jewellery"—he said, "I have not sold any jewellery of any kind"—I was in company with Potter when he received the jewellery from Gilbertson.
GEORGE GILBERTSON . I keep the Adams Arms public-house—I gave up some jewellery to Hubbard—I had bought that of the prisoner on the Friday as the police came to me on the Saturday—the prisoner used to use my house regularly, and I understood him to he a jeweller—he asked me if I wished to purchase some jewellery—I said I had no objection, and be produced two bracelets, a cameo brooch, two lockets, a ring, and two pairs of ear-rings, for which I gave him 2l. 10s.—these are them.
Cross-examined. Q. Did this sale take place in your bar? A. He asked me the questions over the bar, but I purchased them in the bar-parlour—I have occasionally seen him at Mr. Cumming's sale rooms.
ELIZABETH KENDALL . I live at 1, Upper Grafton-street, Fitzroy-square, and keep a lodging-house—I know the prisoner by sight—I have seen him two or three times—he left some jewellery with two of my lodgers—I was present; it was the parcel that I afterwards gave up to the officer—I don't know the day the prisoner left it, but it was at the end of September, about a fortnight or three weeks before I went before the Magistrate—Elizabeth Jones was there at the time.
Cross-examined. Q. Are the lodgers here? A. No; the prisoner was a stranger to me.
ELIZABETH JONES . I am a charwoman, and live in Clement's-lane, Strand—I know the prisoner by seeing him two or three times—I was at Mrs. Kendall's on a Friday night towards the end of September, and saw the prisoner there—I understood he was a master jeweller, and I asked him if he had a cheap keeper for sale, as I had lost mine—he produced some wedding-rings and brooches; he bad no keepers then, but said he would get me one.
SAMUEL MAHOOD (re-examined). Some of these articles are gold of the the finest description—the value of the lot produced by Gilbertson, is about 8l.—fifteen carats is the average value of jeweller's gold—the bracelets are not all gold.
GUILTY on second count. — Eight Tears' Penal Servitude.
Sergeant Potter stated that the prisoner had been several times convicted, and had been for some years connected with a daring gang of burglars.
NEW COURT.—Friday, December 4th, 1863.
Before Mr. Common Serjeant.
MR. LILLEY conducted the Prosecution.
EDWARD THOMPSON DOWNES . I am a seaman, and live in Sunderland—on Sunday morning, 15th November, about half-past 12 o'clock, I met the prisoner in the street, at Palmer's Folly, St. George-in-the-East—she asked me where I was going—I said, "To seek a bed"—she said, "Come along with me, and I will take you to where you can get a bed"—I accompanied her to a house in the Folly, and when I got in I found it was a brothel, and said
that I wished to come out again as the place would not suit me, I wanted an apartment to myself—she said that I was all right, and told me to pull my clothes off, and go to bed—I said, "I will not stop," and then she began to haul my jacket off—I asked her to give it me back again, but she took it down stairs, and gave it to the mistress of the house—I followed her down, and said, "I want my jacket; I want to go"—I went towards the front door, but found it fastened—I wanted to call out "Police!"—while I was trying to get to the door, some weapon struck me on the neck—I do not know whether it was a knife or what it was, but I began to bleed fiercely, and then the mistress and the prisoner ran out—it was the prisoner that struck me—I became unconscious from the loss of blood—the mistress of the house called in the police—there was 4s. 6d. in my jacket pocket, and a tobacco-pouch and knife—I recovered my jacket, but not the money, knife, or pouch—I went to the station, where a surgeon dressed my wounds—I was nearly on the point of losing my senses there—I could not see the light that was burning—I had not struck the prisoner or given her any provocation.
Prisoner. The doctor will prove that you were intoxicated. Witness. I was not; I did not strike you on the nose and make it bleed, or on the forehead and make a bump as big as an egg—I was sitting on a chair when the deed was done—this was in the kitchen near the door; the chair was very near the door—I did not offer you my coat because I had no money, and tell you to ask the landlady to take care of it till I got some money in the morning—I did not push you into the room and assault you—I am sure I had the money in my pocket.
JAMES FRY (Policeman, K 8). Early on the morning of 15th November, I was called to 14, Palmer's Folly, a brothel kept by Sarah Williams—I there found the prosecutor sitting on a chair, bleeding from a wound on the side of his neck, and a pail by his side, nearly full of blood—I got assistance and took him to the station, where he fainted away—the landlady detained the prisoner, and I took her into custody—she said that the prosecutor struck her and ill-used her, and she struck him on the mouth with a milkjug—I picked up these pieces of a milk-jug (produced) which were on the floor covered with blood—they were under the chair and table, and not near the prosecutor—the blood could not have fallen from him upon them.
Prisoner. Q. Did he state at the time that he had lost 4s. 6d.? A. He mentioned it at the station—there was a slight scratch on your forehead, but no other mark—the prosecutor had been drinking, and the prisoner was quite drunk.
SARAH WILLIAMS . I occupy two rooms at 14, Palmer's Folly—I am not the landlady of the house—the prisoner had lived with me for three days on 14th November—I came in-doors with a friend, and saw the prosecutor and the prisoner, sitting by the fire in the kitchen—she asked him to treat her; he said that he had no money, only threepence—I went up stairs, and just as I was getting into bed, she knocked at the door, and paid, "Here is the man's jacket; he is going to leave it"—presently I heard a disturbance, and went down, and saw the prisoner going to hit him with a glass tumbler—I said, "Do not do that Kitty; go in to bed—they were leaving the kitchen with the intention, as I thought, of going to bed, and I went up stairs, and went to bed—I then heard her and the man having a disturbance, and heard her say, "I will mark you"—I went down again, and saw her take a jug, and strike him on the neck—he hallooed out, "Murder"—I opened the door, and sent a young man for a policeman, who fetched the prisoner back—the jug smashed all to pieces; he fell on one side, and bled very badly—the
prisoner ran out—he was sitting on a chair just below the stairs when he was struck.
Prisoner. Q. Did you not ask him why he was ill-using me? A. Yes; I said, "What did you strike her for?"—he said that he would pay on Monday—I did not say that the coat was not worth two shillings—I should not want you to pay me more than that next day; you know I am not the mistress of the house, I am only an unfortunate girl, and pay 3s. 6d. a-week for the two rooms—I have kept you there for nothing, and your child also.
DANIEL ROSS , M. R. C. S. I live at Commercial-place—on Sunday morning, 15th November, about 2 o'clock, I found the prosecutor at the police-station, bleeding from an incised wound on the left side of the neck—the flow of blood had been copious—the wound commenced at the upper part of the lobe of the left ear, passing downwards just over the jugular vein, which would have been divided by a little more force—it would not then have fetal, but he would have lost an enormous quantity of blood—they told me he had fainted—he had been drinking—it was a clean-cut wound, about two inches and a half long, such as a milk-jug would make if it was smashed with the blow—if the blow fractured the jug, the part that remained in the hand might produce the cut—it might also have been done with a knife.
Prisoner's Defence. I met him and took him home—I asked to pay the landlady two shillings for the bed—he said he had no money, and gave me his coat to keep till next day, when he said he would get some—it was very old, and I should not like to take it—I took it up to the landlady, who told me to let him go. He cruelly ill-used me, and gave me no money, and I own I took the jug, and struck him. He scratched my face, of which I have the marks now, and hit me in the nose and mouth. I struck him in my own defence.
GUILTY** of unlawfully wounding.
— Confined Eighteen Months.
84. THOMAS EVANS (20), and WILLIAM HUGGET (18) , Burglariously breaking and entering the dwelling-house of Thomas Evans, and stealing therein, 2 silver spoons, 1 pair of sugar-tongs, and other articles, his property.
MR. DALEY conducted the Prosecution.
CAROLINE TURNER I am housemaid to Dr. Evans, of 20, Cambridge-street, Paddington—on Thursday night, 22d October, I was the last person up in the house—I went to bed at 10 o'clock, having seen all the doors and windows safe—I got up about half-past 6 on Friday morning, and found the drawing-room door wide open—the front-door was on the latch, but unbolted and unchained; I bad left it bolted and chained—I searched the house with a constable, and found one cupboard broken open in the dining-room, three in the front-parlour, and one in the lobby—I missed the top and spoon of the mustard-pot, and other silver articles, my master's property; also a bottle of brandy.
Cross-examined by COOPER. Q. Have any of them been found? A. No.
WILLIAM MITCHELL (Policeman, D 71). On Wednesday night, 21st October, about quarter to 11 o'clock, I was in Clarendon-place, which is about 150 yards in front of 20, Cambridge-street, and saw both the prisoners—Huggett had her back against the rail, and Evans was with a woman down under the rails, about twenty yards from Huggett—I walked towards them—Evans and the woman joined Huggett, and went down Hyde Park-gardens—I think they saw me—I walked fast after them—they went through Sussex-square.
Cross-examined. Q. I suppose when gentlemen are with ladies of a night you go after them. A. Yes, and I have seen a good many move off.
SARAH HONEYCOMB . I am the wife of Joseph Honeycomb, of Polygonmews, Oxford-square, which is at the back of Cambridge-street—on Thursday night, 22d October, I was in the mews close to my husband's stable—he drives a carriage for Mr. Whatner, and I was at the horse's head—Huggett passed the mews, and looked in my face—a peculiar noise was made by the short prisoner, and then the tall one came and joined him—I saw them both close together; they went to the other end of the mews, and I lost sight of them for a little time—I saw a policeman come into the mews, and look in each corner, and then they came back—I saw them three times altogether—I identified them at the police-office, placed among other men—you cannot get from that mews into Cambridge-street without going to the end of the mews.
Cross-examined. Q. Had you ever seen them before? A. No; I live in the mews above the stable—there is a thoroughfare right through; hundreds of people go through every day, and a great many boys and men—I was called by the police last Tuesday week.
SUSANNAH WILSON . I live at 16, Polygon-mews—the wall of 33 or 34, Cambridge-street, is nearly Opposite—on the evening of 22d October, between 10 and 11 o'clock, I was looking out at the door over the stable, and saw the tall prisoner (Evans)—he looked at. me very hard—there was a short man standing near—the tall one went through the mews, and made some noise, and the short one went on—they then both went through the mews again—it was a beautiful moonlight night, and the gas is close to the window—I have no doubt about Evans—I went to Newgate last Tuesday week, five weeks afterwards—I had seen a great many young men in the mean time.
HENRY GIBBS . I am potman at the Eagle and Wheatsheaf, Albion-place, a hundred yards from 20, Cambridge-street—on Thursday night, 22d October, I saw Evans in the taproom speaking to some one, and drinking a pint of ale together—it was as near 9 o'clock as possible, or a little after.
Cross-examined. Q. Who else was there? A. Four others—the inspector came for me about three nights afterwards—I had never seen the men before to my recollection.
WILLIAM FARLEY (Police-sergeant, D 15). On Thursday night, 22d October, about quarter to 11 o'clock I was in Polygon-mews South, at the back of Cambridge-street, and as I went under the archway, I saw Huggett come out of a corner on the right—he looked at me very hard—I also looked at him—I looked round the corner, but saw no one else—I looked back, and saw Hugget turn to the left, along Southwark-street, to Albion-place, and into the Eagle and Wheatsheaf public-house—I then came back past the mews, and met Evans by St. John's Church, at the end of Oxford-square, coming from Cambridge-square towards Southwark-street, and towards the Eagle and Wheatsheaf—he looked at me very hard, and I looked at him, and stopped—I let him get a little distance, and followed him—he went up Albion-street to the Eagle and Wheatsheaf—I saw no more of them till they were in custody on the 27th, when I recognised them.
the back window of No. 20; also some matches, and a knife—the house had been entered from a back-window, which was left open—some person had been let down to the window with this rope (produced)—they could get there from Polygon-mews—there is a wall at the end of—the mews which anybody might get up—it is quite easy to walk along the coping on to the ledge of 19 and 20—both windows are under that ledge—they would have to pass over the stables in the mews to get there.
Cross-examined. Q. Can you see those windows from the street? A. No, nor from the mews—there is no doubt that the person who took that rope must have known that window.
EDWARD WHITE (Policeman, D 16). On 27th October, about half-past 9 at night, I met the prisoners in the Edgeware-road, at the corner of the Harrow-road—I had been looking after them—I said, "I am going to take you both into custody on suspicion of committing two burglaries last Friday night in Cambridge-street, and stealing different articles and property"—Huggett said, "Well, Teddy, you have got the wrong man this time"—Evans said, "You have made a mistake"—I took them to the station—another officer searched Evans, and I saw him take out of his pocket a screw-driver, a wax taper, a quantity of lucifers, and a book, in the first page of which I find an entry in pencil, "9 houses back"—he said that he used the screwdriver in his work, and the wax-taper was to light him to bed—I have since examined the premises, and from the rear of 20, Cambridge-street, I have counted the number of stables that would have to be passed over from Polygon-mews—they would have to pass over nine roofs to get to No. 20.
Cross-examined. Q. Are they nine stables or nine roofs? A. Nine stables.
MR. DALEY. Q. Are these apartments over the stables? A. Yes.
GEORGE PINK (Policeman, D 85). On the morning of 2d October, I went to Notting-hill—Evans lodges there—I found four keys, one was a skeleton—I went to Huggett's lodgings, 11, Eaton-street, and found two screw-drivers, which I compared with the marks on some boxes at No. 19, and on a cupboard at No. 20, which had been broken open and property stolen from them, and they corresponded—on the same morning, when I was about to take Evans to the Police-court, he touched the screwdriver and said, "You have no occasion to have brought that, I have had it some years and use it in my trade; you will find a mark of paint on the handle"—I examined the roof of the house, and from the spot where they got up in Polygonmews, they would have to pass over nine roofs to get to No. 20, Cambridge-street.
The prisoners statements before the Magistrate.—Evans says, "I am innocent of the charge; at the time the constable said he saw me, I was in bed in my father's house." Huggett says, "I am innocent of the charge; I was in bed that night at half-past 7, and did not get up till 9 next morning.
NOT GUILTY .
MR. DALEY offered no evidence.
NOT GUILTY .
draper's assistant—on 3d August, I went home between 11 o'clock and 2—I called at a public-house in Gray's-inn-lane, and a pint of ale—I fell in conversation with two females and a young man—I stayed there from ten to twenty minutes, and they asked me to go into their house—I did so and remained there from five to ten minutes—they left the house suddenly and I missed my watch—I next saw it in the hands of Sergeant Potter, three weeks or a month ago—I identify it by the number—I gave notice of the robbery at Bagnigge-wells station, and stated the number of it—this is it—I have no doubt it is mine.
Cross-examined by MR. WILLIAMS. Q. Is the prisoner the man who was with you? A. No; the makers name is Jones, of the Strand—it is one of Jones' levers—it is in the same state as when I lost it, except that the glass is gone.
THOMAS POTTER (Police-sergeant, D 2), On Saturday, 24th October, between 4 and 5 in the afternoon, I took the prisoner in custody at his house on another charge—as I approached the door. I saw the prisoner coming towards me dressed, and apparently in a great flurry—as soon as he saw me and another officer, he made a dead stop, and at once took his hat off, pulled something over his head and out of his waistcoat pocket, and shoved it behind him towards his wife, who was in the shop, and said, "Take this"—I put my hand round him, caught hold of his hand, and said, "Want have you got there, I must have that?"—it was this watch and chain—I took possession of it, searched him, and found on his fingers four gold rings, and two more in a purse in his pocket—I searched his house and found some crucibles, which had been recently used (produced), some files, which had been recently used for filing gold, and a quantity of other articles which do not refer to this charge—on Monday morning I searched the informations at the police-station and traced the owner of the watch—I then said, "Shaw, I did not ask you on Saturday night how you came in possession of this watch, now I ask you the question"—he said, "I shall not tell you"—he refused to give me any account of it, and also before the Magistrate.
Cross-examined. Q. Was he taken in custody on another charge and discharged? A. Yes; after three remands—he is a goldbeater at times—I have always said that he took the chain off his neck and put it behind him before I spoke to him—I gave evidence before the Magistrate in the case of a man named Canon and three others, who was charged with robbery in connexion with the prisoner—this is my signature to those depositions in the jewel robbery case—I was about to give the evidence in that case that the prisoner took off the watch and put it behind him, but was told that the one case had nothing to do with the other, and was not allowed to give the evidence—it was after he was charged with the other matter that he was charged with this watch—it was as soon as the owner was found—the prosecutor does not own the chain—the prisoner did not say, "I bought the watch at a sale," he dropped his head and said, "I shall not tell you"—I told him if he did, that I would make further inquiries—there was nothing whatever about a sale.
MR. HUDSON. Q. What is the reason that your deposition in Connor's case is slightly different from this? A. I was about to explain how he was acting, but was not allowed to do so, the clerk said that it was not the case under consideration.
Witness for the Defence.
silver watch—I fetched him change for a half-sovereign to pay for it—it was in October—I cannot swear that this is the watch, but I think it was one of Jones' levers.
Cross-examined. Q. How much did he give for it? A. 2l. 5s.—I cannot swear that this is the same, but I heard it said that it was one of Jones' levers—I was not given any money to come here, I was subpoenaed.
JURY. Have you got a catalogue of the sale? A. No; it was not sold by auction—it was not part of the sale—it is a frequent occurrence in the sale room, that a man sells an article to another by private contract.
NOT GUILTY .
MR. HUDSON conducted the Prosecution.
MARY ANN PLUM . I live at 52, Dorset-street, Fleet-street—my late husband was a livery-stable keeper in Wilderness-lane, Whitefriars—ho died on 12th August—the prisoner was his ostler, and I made him foreman after my husband's death—my husband never kept books, but I have a slight book—in October, Mr. Redfern owed me 6l. 5s. the balance of 16l. 5s. which was the original debt—Mr. Redfern had taken his horse away, and the prisoner was aware that I intended applying for the balance—he asked me to let him go for it, as Mr. Redfern had promised to give him something for having taken his horse from the Temple to Clapham—he said, "If you go he will not give you anything, but if I go and he does not give me anything, I shall ask him"—I said, "Very well, George, you can go," and gave him a letter to deliver—this was on Friday, and he was to go on Saturday—on 2d November, he came to me and said that Mr. Redfern said that I had made a mistake, and charged him one week too much—I said, "If that is the case, Mr. Redfern ought to have deducted 2s. more"—he then gave me 5l. 2s. 6d.—I held it out like this, and he said, "That is better than nothing"—I said, "Did the gentleman give you anything for yourself?"—he said, "Yes, ma'am, 2s."—I said, "Well, that is better than nothing, 2s. is worth going for"—he said, "Mr. Redfern is ill; his physicians say he cannot live three days—his mouth is all black with the black thrash"—I said that I was very sorry to hear of it, and gave the prisoner 1s. to pay for the omnibus—I owed the prisoner nothing, but about a week or a fort-night afterwards, finding that he had been selling some clothes belonging to me, I went to Mr. Redfern—I never saw this cheque—I believe this writing on it is the prisoner's, he has slightly tried to imitate mine in some of the letters.
Cross-examined by MR. ORRIDGE. Q. Did he leave his work about this time? A. On the Saturday—he was out of employment for a week—I have no stables now; I have no interest in them at all—I am not in partnership—I made a mistake in my bill.
COURT. Q. Had you given him any authority to endorse a cheque for you, or to sign your name? A. No.
CLEMENT REDFERN . I am a law-student, of 36, Grove-place, Brompton—a man came to me for payment of Mrs. Plum's account; I cannot say whether it was the prisoner, but I believe it was—I had no reason for observing
him accurately—I gave him this cheque (produced), payable to order—it has been paid—he gave me no receipt—he brought no letter.
Cross-examined. Q. Was there any mistake in your account which she made? A. I know nothing about it.
GEORGE EDWARDS (City-policeman, 343). On 18th November the prisoner was given into my charge in Bolt-in-Tun-yard—Mrs. Plum accused him of detaining a sovereign from Mr. Redfern's bill—he said that he would pay her on the Saturday night if she would forgive him—she said, "Mr. Redfern gave you a cheque; why did not you bring it to me? you must have changed it"—he said, "I know I did."
Cross-examined. Q. Did he give you a correct address? A. Yes—he has a wife and child, and was living in furnished lodgings—he has taken a stable of his own in Bolt-in-Tun-yard.
JOHN JAMES ROBINSON . I am cashier at Messrs. Hanbury's bank, Lombard-street—Mr. Redfern had an account there—this cheque was presented on 2d November, and I paid it: I do not remember who to—this endorsement was on it at the time. The prisoner received a good character.— GUILTY. Recommended to mercy by the Jury. — Confined Four Months.
PHOEBE LEVI . I live at 66, Leadenhall-street—on 19th November I was in Leadenhall-street, in the middle of the day, with this bag in my hand, containing a parcel and my purse—the chain was fastened to my arm—the prisoner snatched the bag, and broke the chain—I had got the purse between my fingers, inside the bag—there was from 10s. to 15s. in it—the bag dropped, I picked it up, and the purse was gone—he did not run away with the bag, only the purse—he took out all the money and threw down the purse, there being some addresses in it which he was afraid of being identified by—I am quite sure the prisoner is the man.
Cross-examined by MR. WHARTON. Q. Were you a little frightened? A. Very much—I looked round and sent a policeman after the prisoner—I felt more frightened than I do now—I cannot notice as well when I am frightneed as when I am not—I noticed the prisoner's countenance—I had one clasp to the bag, which was fixed firmly in the middle, but the bag did not close so tightly but what the purse could stick out—the bag was full, and I was within three doors of my own house—the prisoner grasped hold of my arm, dragged out the purse, took out the money, and threw down the purse—I did not see him take the money out, but I found it empty—he ran half-a-dozen yards, and I could not see him; there were a great many people in the street—there was a stoppage, and I was waiting to cross—he ran away up the court—a man, whom I do not know, brought back the purse about ten minutes afterwards—I could not point him out, I was too frightened.
MR. TAYLOR. Q. When the gentleman brought back the purse had you been assaulted and frightened? A. Yes, but I am quite sure I can swear to the prisoner's identity—I was not frightened before he seized the bag—I had the purse in my fingers, partly in the bag and partly out, but in my hand—I am certain there was money in it.
JAMES LEVINSON . I am a cooper, and work at 9, Bury-street, St. Mary Axe—on 19th November, in the middle of the day, I was in the shop, pulling some nails out of some staves, when the prisoner furiously ran in and knocked me down, staves and all—I can swear to him—a mob came round the door directly, and the prisoner was up in a corner hiding—they said
that he had taken a purse—he got through the bar, and got away at another entrance.
Cross-examined. Q. Had you ever seen him before? A. No; I have never seen a man like him—I did not like being knocked over, and if I had been a little bigger I should have knocked him over; but I went on with my work—I thought he was hiding—he remained about three minutes—there was nobody there but me—I did not call out because there was a mob of people round; they did not run in after him; they stood at the bar, and said that he had taken a purse—he then passed under the bar and went away.
WALTER HUBBARD (City-policeman, 678). On 19th November the prosecutrix complained to me, and I ran up the court, but could not see the prisoner—she gave me a description, from which I recollected seeing the prisoner half an hour before, and on the 23d I saw him in Leadenhall-street, and took him to the prosecutrix, who said that he was the man—he ran out of the beer shop immediately and down Mitre-street—I ran after him, took him back, and took him to the station.
Cross-examined. Q. What was the description? A. A dark, Jewish sort of young man, about five feet six, dressed in a dark coat—Leadenhall-street is rather a Jewish quarter; there are many Jews there, even five feet six in height.
JOHN BANKS (City-policeman, 633). On 19th November, about 11 o'clock, I saw the prisoner and another man in Leadenhall-street—they saw me and walked away in the direction of St. Mary Axe—I had to go to Clerkenwell, and met the prisoner and the other man in St. Paul's-churchyard—I followed them for half an hour—the prisoner turned round, saw me, and went away.
Cross-examined. Q. When were you asked to give evidence? A. I saw the prisoner in custody at the Mansion-house; I did not know for what offence, but he applied to me in Court to know whether I had not seen him at 1 o'clock in St. Paul's-churchyard—I said, "Yes, and at 11 o'clock also"—the first time I saw him was at the police-station, prior to going to the Mansion-house—I forgot that, and he applied to me then—I had spoken to him in consequence of circumstances I saw.
Confined Twelve Months.
Before Mr. Justice Byles.
MR. LILLEY conducted the Prosecution.
RICHARD WALES . I am a bricklayer's labourer, and live at Stratford—on 20th November, about half-past 12 o'clock in the morning, I was near the Harrow public-house, and saw three or four men running away from the prisoner towards Bow—when I got close to the prisoner he muttered something, and put a knife into my left cheek, and behind my left ear—nothing had been said by him or me—he ran away—I sent a boy to run after him, and sung out, "Stop thief!"—a policeman stopped him and brought him back—I did not see anything in his hand—I wanted to get out of his way—a surgeon dressed my wounds, and I have been under his care ever since.
Prisoner. (Through an interpreter). This man stopped me and caught me by the throat; three other men had stopped me before, and tried to take my
watch and chain. Witness. I did not try to take his watch and chain, but three or four men ran away from him before I went up—no man passed after me.
WILLIAM ALLEN (Policeman, 465 K). Early in the morning of 20th November I was on duty in Stratford, and heard a cry, in consequence of which I stopped the prisoner, took him back to the prosecutor, searched him, and found this knife (produced) open in his right hand coat-pocket; it was a kind of shooting-coat with pockets outside—he said that he had been robbed of his watch and chain—I then took him back to the spot where the affray occurred, and found this portion of a watchguard lying on the ground.
COURT. Q. Did the prisoner tell you that he had been robbed before you found it? A. Yes; I did not search the prosecutor to see if he had the chain on him.
GEORGE THOMAS WILLIAM MUGGLESTON , M.D. I live at Stratford—the prisoner was brought to my house with two wounds, one was on the left cheek, an inch and three quarters long, dividing one of the small arteries—it was not very deep, because the rising portion of the jaw-bone would not allow it—there was another wound on the side of the neck, in a parallel line with the one on the cheek, but not parallel to it—it could not have been from the same blow—this knife might have inflicted the wounds—I have seen him once since, professionally—there is no danger now.
Prisoner's Defence. They tried to get my watch and chain and money; the chain broke, and they took away part of it, and my money, and ran away.
COURT to WILLIAM ALLEN. Q. Had the prisoner a watch? A. Yes; but no chain—he had seven or eight shillings in his trousers' pocket—he and the prosecutor had been living together at the same house just before, and the prisoner was lodging there at that very time—seven or eight other people lodge there.
GUILTY of unlawfully wounding. — Confined Six Months.
Before Mr. Recorder.
GEORGE HUDSON . I am a gardener, living at Lee—this table-cover (produced) is mine—I identify it by a small spot of ink on it, where I dropped it—I saw it about eight or nine months ago—I lost other things at the same time—about that time the prisoner lodged in the house, and up to the time of his being taken into custody about four weeks ago—I told him that I had lost these articles.
Cross-examined by MR. PATER. Q. Was the cover in that condition when you had it in your possession? A. No; it was not hemmed—I also lost a lot of table-cloths, and table napkins, and two shirts.
SARAH TRULUCK . I am a single women, living at 2, Victoria-street, Deptford—about seven months ago I kept company with the prisoner—I never went to the prosecutor's house—one Sunday afternoon, when the prisoner came to my house he brought this table-cover—he made me a
Present of it—he said that was something towards house-keeping; and he Said, "That will want hemming, mate;" and I hemmed it on Monday morning—he said that he bought it at the "Woodman" for five shillings of a Jew—I can buy such a cover for three shillings and sixpence—I afterwards pawned it.
Cross-examined. Q. How long have you been keeping company with this young man? A. About ten months—the table-cover was given to me about March, I cannot say the day of the month—I pawned it at Mr. Shark's, Broadway, Deptford—I was spoken to about this matter last Friday week—the policeman came to my house—he wanted to know whether the prisoner brought me any presents—the prisoner and I had had a quarrel some time previous, it was not on account of jealousy, but he had not behaved right—he had been out with other young women—we had high words—I never said to him, "I will do my best to transport you; I will teach you to go out with other girls"—I never used such words—I never thought of such a thing.
CHARLES HUDSON . I live at Dacre-terrace, Lee—I am a coachman—about nine months ago I gave this table-cover to my father—I believe it is the same, but I will not take my oath of it, because the fringe is taken off—it was unhemmed at that time, but it had an ink spot on it.
WILLIAM KEMPSON (Policeman, R 304). I took charge of the prisoner at his house at Boon-street, Lee, Kent, on suspicion of stealing a lot of shirts and table-cloths—he stated that he knew nothing at all about them.
Witness for the Defence.
JESSE COVELL . I am a sawyer, living at Lee, in Kent—I was present at the Woodman public-house, at Lee, about eight or nine months ago when the prisoner was having some dealings with a packman—the vendor had various articles to sell—he had some goods of the description of the table-cover produced—I could not say positively that they were exactly like that, but they were things of the same kind; table-covers and shawls together—I have seen such table covers before—I left the Woodman before the prisoner had purchased anything—I left him bargaining with the man.
Cross-examined by MR. WOOD. Q. Did you know anything of the prisoner before this? A. Yes; almost as many years as he is old—I have been to his house at Lee—I am not aware that I went to his house about nine months ago—I cannot say what day of the week I saw the prisoner at the Woodman, but I recollect that it was between 1 o'clock and 3 in the afternoon—I was away from my work—I was having something to drink at the time—I remember the man being very hard up—he wanted to realize a pint of ale—he wanted the money, and he had the thing there which he said it would be worth while for any one to buy; in fact, I offered the man four shillings and sixpence for the table-cover myself—I did not buy it—it was a plaid, but I could not swear to this—it was one like that—I could not say exactly—it was open when I looked at it—the man was in when I went—I stayed there while I drank a pint of ale—it might have been half an hour.
NOT GUILTY .
JOHN FENN . I am a watchmaker, of Church-street, Greenwich—on 21st November, about 1 o'clock, I was in my shop, and heard a smash of glass—I ran out and found my window broken, and the prisoner standing by—I laid hold of him—I don't remember that he opened his mouth—the window
was broken by means of these two pieces of brick—the amount of damage done is about 20l.
Prisoner's Defence. There were two other men there at the time. He collared me, and the others ran away.
GUILTY .— Confined Nine Months.
PLEADED GUILTY to stealing an album and other goods, value 11l. the property of Robey Gordon Way, in his dwelling-house; also to stealing 1 coat, value 2l. 10s., the property of George Raven **— Six Years' Penal Servitude. —
93. And DANIEL MURPHY (52) , to stealing a pair of trousers, the property of James Jones, after a previous conviction.—** [Pleaded guilty: see original trial image.] Eight Years' Penal Servitude. Before Mr. Common Serjeant.
MR. TAYLOR conducted the Prosecution.
EDWARD DAWES . I am in the service of Mr. Israel Marks, of 1, Esther-place, Greenwich—he has a barge named the Alfred—on Saturday, 21st November, that barge was moored on the Thames, near the Dreadnought—it was laden with scrap-iron—I have seen three-quarters of a cwt. of it produced here by the witness Ross; that corresponds with my master's iron—the prisoners had no business whatever to meddle with it—I do not know them at all.
WILLIAM ROSS . I am acting inspector of the Thames-police—on Saturday, 21st November, I was on duty near the Dreadnought hospital-ship, in my police-gally—about half-past 4 my attention was attracted to the barge Alfred—I saw the prisoner Sisson in a boat alongside, the other two were in the barge casting pieces of iron to Sisson—I rowed towards them—Sisson said, "It is all right, we are not doing any harm; we have only come here to ease ourselves"—he had got a quantity of the iron in a small bag in his boat, and some other portion of the iron was lying in the barge's head-sheets; it had been removed—I took all three of the prisoners into custody for stealing the iron—this is some of the iron (produced)—I showed it to Dawes—the boat Sisson was in belongs to his father, but they have it occasionally.
Sisson's Defence. He came up to us in his boat, and put the iron in his boat, and when he came on land he swore it was in our boat.
Colbreath's Defence. He says we stole the iron. We did not steal it; he took it out and put it in his own boat, and said we stole it.
Robarts' Defence. I say the same.— GUILTY .—Robarts was further charged with having been before convicted of felony at Greenwich, on 19th August, 1862; to which he
PLEADED GUILTY.†— Confined Twelve Months. SISSON*— Confined Twelve Months. COLDBREATH.†— Confined Twelve Months.
Before Mr. Justice Byles.
MR. WILLIAMS conducted the Prosecution.
DORMACK LEECH . I am a gunner in the Royal Artillery, stationed at Woolwich—the prisoner is my son—on Sunday morning, 29th November I was walking quietly in Ogilby-street, and he came in rear of me and struck me a blow on my head with a stone, which knocked me senseless—I was not knocked down—I went to the police-station and made a prisoner of him and then went to the station and got my wound dressed.
COURT. Q. How old is your son? A. About seventeen years and two months—I have two daughters and him—there had been a little dispute—he would not work for me, or do anything for me since he was two months old—he came over from Ireland about six weeks before this—he lived there with his mother and aunt, his mother's sister—he came over to Woolwich on his own responsibility; I never wrote for him—I tried to get him into employment, but he told me that he would not work, and that I should support him till he was twenty-one years of age—he lived with me about three weeks after he came over, and I tried to get him work, but he would not do it, and I turned him out of doors between three weeks and a month before this occurrence—I know it was he—I saw him coming on the tow-path behind me—when he was a youngster his mother gave him schooling in Ireland, but it was only the switch that kept him down.
JAMES HOBBS . I am a grocer, of 5, Ogilby-street—I was standing at my door, and saw the prisoner go behind his father and hit him with a stone at the back of the head—he would have fallen, but I ran and caught hold of him—his head was severely cut; it bled very much—I picked up the stone and gave it to the policeman—this is it. (A stone larger than an egg.)
CHARLES WILDERSPIN (Policeman, R 268). The prisoner was given into my charge—I told him he was charged with violently assaulting his father—he said, "Yes, and I will take his life"—the stone was given to me—I searched him at the station, and found this smaller stone (produced).
The prisoner's statement before the Magistrate: "I did not intend to hurt him.
Prisoner's Defence. When I came from Ireland, I caught cold in the steamer. I went to my father, and was very bad in the barracks for about a fortnight. My father was not willing to keep me; he thought it was laziness, but I was not able to work. He was threatening every day that he would throw me down the stairs. He told me to go about my business; there was no accommodation there for me, and that Woolwich and England were wide enough for me. I was sitting by the fire, and he said, "Would it not be better for you to go out and work than be here? get up, you will have to walk out of this." He took hold of me, put me outside the door, and gave me four or five blows with a cane. He thought to hit me in the belly, only the women brought me into a room and would not let me out that night, as I had no place to go to, unless I walked in the streets. The next morning, he told my mother to go and sell my shirt and trousers, and to go to London and get into some workhouse there, and I should be sent home from there, and I took my shirt and trousers and sold them for fifteen pence. I was out in the streets two nights. I spent the money, and went into the barracks that night again. My father and mother had gone out to the lodgings in the town, and one of the soldiers came with me, who was in the same room, and brought me down to the guard-room, and got
leave of the sergeant for me to stay in the guard-room till morning. I stopped there, and went up to the barracks, and they gave me breakfast. The sergeant-major told me to go to the Magistrate, and my father should keep me in till I was eighteen, and able to work. I afterwards went about the streets till I went to the relieving officer, and if it had not been for him, I should be dead; he took me in, and said that he would send me home. He gave me a loaf of bread now and then, and tea and sugar for four nights. He told me to go to my father and tell him to go down, and he would not ask him to pay any of the money; but my father would not. He said, "I do not want to do anything only to perish him about the streets, that he may die soon;" and he said that if I went up to that room any more, he would give me twelve months' hard labour. I went up last Sunday to the room, and my father and mother were within. I had come from Greenwich in the morning. It was very cold, and I opened the door and asked them to let me in to warm my hands. My mother said, "Come in;" my father said nothing, he was at his breakfast. In about ten minutes, my father took a shirt which was on the window, chucked it in my mother's face, and said, "I told you before not to have the light son coming into this room at all." He put his coat on to go to Church-parade, and said to my mother, "If you lay a finger on one halfpeth of victuals that is here; I have everything marked; you may go about the streets with him, as I will be knocking you down." The women in the barracks said that he had said he would give me a dose, and that dose would be poison for me, finish me altogether, and put me out of the way. He was standing at the corner of Oakley-street; I had a stone; I had no intention of cutting him or hurting him, only to frighten him, as I know that it is said by the law of God that we ought to obey our father and mother.
GUILTY .— Three Years' Penal Servitude.
Before Mr. Common Serjeant.
JAMES WILLIAMS . I am in the service of my stepfather, Mr. Carl Alfred Blom, at 28, Russell-street, Rotherhithe—about a quarter to 9 on the evening of 20th November, I saw a reefing jacket belonging to Mr. Blom, hanging just inside the shop door—the door was open—I missed it at about a quarter past 9—I am quite sure I had not sold it in the meantime, or had anybody else—this is it (produced)—its value is 13s.
Prisoner. I did not steal the jacket; I bought it.
WILLIAM HALSE (Policeman, M 254). On the evening of 20th November, I was on duty in Russell-street, Rotherhithe—about a quarter past 9 I found this ticket (produced) lying on the pavement, a short distance from Mr. Blom's shop door—I took it into the shop, and saw the last witness—having ascertained it was their ticket, I ran in the direction of Lower Queen-street—I there met the prisoner wearing this jacket—that was about three quarters of a mile from the shop—I said to him, "Holloa, Where did you get this?"—he said, "I have just had it given me"—I said, "Very well; come back with me, and we will see"—when we had gone a short distance, he said, "I did not exactly have it given to me, I bought it for 10s."—I said,
"Who of?"—he said, "A man like a sailor"—I took him back to the shop, saw the last witness, and he identified the jacket.
Prisoner. Q. When you asked me who the man was, did I say I should not tell you? A. Yes; you laughed, and said, "I shall not tell you; you want to pump me."
Prisoner's Defence. I bought it of a young man for 10s. I never saw him afterwards.
GUILTY .*— Confined Twelve Months.
MR. POLAND conducted the Prosecution.
LOUISA MURRAY . I am the wife of James Murray, of the India House public-house, Rotherhithe—on Saturday evening, 1st November, just before 6 o'clock, a man, who I believe to be the prisoner, came for two-pennyworth of rum—he gave me a half-crown, and I gave him 2s. 4d. change—there was only small money there—he pushed out hastily against persons, upon which I went to the till, tried the half-crown, and found it was bad—I gave it to my husband—on the following Monday morning, 23d November, before 10 o'clock the prisoner came in for a glass of ale and a pennyworth of tobacco, which came to 2 1/2 d.—he gave me a bad half-crown—I said, "This is another bad half-crown"—his face was quite familiar to me when I served him, but I did not think about the bad half-crown at the time—to the best of my belief he is the man—he said that he did not know it was bad—I gave it to my husband, and the prisoner was given in custody—Bidwell came in, and said, "I saw the man yesterday that gave you the bad half-crown on Saturday night"—the prisoner turned round, and said, "It was not me, was it?"—he said, "Yes, you are the very man."
WILLIAM BIDWELL . I am a barge-builder, of 12, Rotherhithe-wall—on Saturday night, 21st November, about 6 o'clock, I was smoking my pipe at the bar of the India House—I saw the prisoner come in—he shoved against a man—when he went out, and nearly knocked him down—on the Monday morning I was there again, and said, "Mrs. Murray, I saw the man who gave you a bad shilling yesterday, in King-street"—the prisoner turned round, and said, "It was not me, was it?"—I said, "Yes, I am blest if you are not the very man"—I am quite sure he is the man.
Prisoner. Q. Did you see me give her the half-crown on Saturday evening? A. No, but I saw you come in.
JAMES MURRAY . On Saturday, 21st November, my wife gave me a bad half-crown—I put it on one side—on Monday morning she gave me another—the prisoner, who was standing there, said, "For God's sake, do not lock me up!"—I said, "All I want is, for you to give me a proper account of where you got the money; you ought to go somewhere else"—he said that he had just come from Seven Oaks—I gave him in custody with the half-crowns.
Prisoner. Q. Did not I tell the policeman that I was not there? A. Yes.
Prisoner. Q. Did not I pay for the ale with a good half-crown? A. Yes, after I arrived, and that was the change you got—I never saw you in Rotherhithe before.
Prisoner's Defence. I was not there on Saturday evening. I came from Seven Oaks. I was in the Haymarket all night, and went down to Rotherhithe on Monday morning. I had two half-crowns. I gave one of them, and the landlady said it was bad.
— Confined Twelve Months.
MESSRS. POLAND and WILLIAMS conducted the Prosecution.
ALEXANDER FORBES CAMERON . I am assistant to Richard Freeman, a chemist—on 16th November, about 2 o'clock, the prisoner came and asked the price of rhubarb-root—I told her 2s. an ounce—she asked for half an ounce—I served her—she gave me this crown (produced)—I tested it, and told her it was bad, and gave it to Mr. Freeman—this is it—here is my writing upon it—she paid with other coin, and took the rhubarb away.
RICHARD FREEMAN . On 16th November Cameron gave me a half-crown—I held it with a pair of pliers in a small gas flame, and it melted—I put it in paper, as it was hot, and gave it back to the prisoner—it was so defaced that it could not be uttered—she paid me with a good half-sovereign; I gave her 9s. change, and she left.
WALTER SHEPPARD . I am a fishmonger, of 5, Surrey-place, Paddington—on 16th November, about a quarter past 2 in the afternoon, the prisoner came and asked for a lobster, which came to 15d.—she gave me a crown——I told her it was bad—she seemed confused, and made a rambling statement—I asked her who she was—she said a respectable married lady, a customer at the shop, and that she was surprised at my insolence in asking—I asked her name and address—she refused to give it—Mr. Freeman's shop is not quite a quarter of a mile from mine.
JOHN STIMPSON (Policeman, L 147). The prisoner was given into my custody, and I received this crown from Sheppard—I asked her name and address—she refused to give it, but said she would go to the station—I took her there, but she would not give it—I received this rhubarb from the female searcher, also this good sovereign and twopence.
— Confined Nine Months.
MESSRS. POLAND and WILLIAMS conducted the Prosecution.
JANE STEVENS . I keep the Admiral Carter, Bartholomew-lane—on 24th September the prisoner came there for a pint of porter, which came to twopence—he gave me a bad half-crown—I gave him in custody with the coin.
WILLIAM SMITH (City-policeman, 91). I was at the Admiral Carter—the prisoner called for a pint of porter, and gave a half-crown—Mrs. Stevens tried it, and put it on the counter—I picked it up, and said, "Where did you get this from?"—he was very much confused, and begun to tremble—I was in plain clothes—I said, "I am an officer; what money have you got about you?"—he pulled out two halfpence—I asked him where he got the half-crown—he said from his employer, Mr. Jones, of Aldermanbury—I said, "When?"—he said, "yesterday morning, the 23d"—I said he would have to go with me to Mr. Jones; took him there, and saw the manager of the department, who said that the prisoner had not been in their employ for six
weeks—the prisoner said nothing to that—I took him to the station—he gave his name "John Wilson, Murray-street, New North-road," but he did not name the number—he was taken to Guildhall, remanded, and discharged, this being the only case against him.
MARIA MORTON . I keep the Hop Pole, William-street, Blackfriars'-road—on 9th October the prisoner came for a pint of sixpenny ale, which came to threepence—he gave me a crown—I told him it was bad—he said he received it from his late employer in Aldermanbury on the Saturday previous—I gave him in charge with the crown.
JOHN DALEY (Policeman, M 6). The prisoner was given into my charge on 19th October, with this crown—he said he received 10s. when he enlisted in the militia, and received this crown in change—he gave his name James Washington.
Prisoner's Defence. On 19th October I enlisted in the militia, and received part of the bounty. I went playing at skittles and got the worse for liquor. I took the 5s. in a bet. The Magistrate allowed me to go on my own recognizance, in the small sum of 5l., and I appeared to the recognizance. I was very tipsy. Here is the paper I got from the sergeant when I enlisted.
—He received a good character from Joseph Maynham, of 160, Union-street, Blackfriars-road, but the Mint authorities stated that he had been in custody before for a similar offence, and discharged.
— Confined Eight Months.
MESSRS. POLAND and WILLIAMS conducted the Prosecution.
MARY FOSKETT . I keep the Windmill public-house, Upper Ground-street—on 13th October, between 8 and 9 in the evening, the prisoner came for a glass of ale—my niece took the money, and brought me a brown—I gave the prisoner the change and put the crown at the back of the till where there was no other—half an hour afterwards the prisoner returned, and asked for three halfpennyworth of gin—he tendered a crown—I tried it, and found it was bad—I looked at the one in the till, and found that was bad also—I said, "This is the second one to-night"—he denied having been there before—I went out, but could not find a constable, and he got away—a person who stood at the door followed him—I afterwards went to the station and gave the coins to the constable.
JOHN FISHER (Policeman, M 302). I took the prisoner at the Garibaldi, about a hundred yards from the Windmill—he was pointed out to me by a gentleman—he made great resistance—I searched him and found on him two florins and a half-crown, and sixpence in coppers—I received these two crowns from Mrs. Foskett at the station.
Prisoner's Defence. The crown I gave her I received in change for a half-sovereign—I thought it was good.
— Confined Six Months.
MESSRS. POLAND and WILLIAMS conducted the Prosecution.
on 13th October, the prisoner came for two penny pies, and tendered a half-crown—I told her it was bad, and I thought she had something to do with a bad half-crown I had taken the night previous—she said that a man gave it her outside—I said I should lock her up—she begged my wife not to allow me to do so, as she was a respectable woman and had a family; but when she found I was determined to do so, she began using bad language.
Prisoner. Q. Did I not say I was an unfortunate girl? A. No.
JOSIAH APPLETON (Policeman, M 267). I took the prisoner, and received this half-crown—she was taken to Wandsworth police-court, remanded till 21st October, and then discharged—she said she had no home.
RICHARD KILLICK . I am a bootmaker, of Heath-row, Rope-street, Lambeth—on 23d October, the prisoner brought me three pairs of women's boots and one pair of men's to repair—they were to be sent to 116, Cornwall-road—she returned in an hour and a half or two hours before I had finished them, and asked me whether she had told me where she lived—I said, "Yes, 116, Cornwall-road"—she said, "Well, I must have made a very great mistake, for I live in King-street, Cornwall-road"—the boots were finished, and came to 5s. 4d., but I took off the 4d. as she had to wait for them—she gave me a crown—I put it in my pocket and went up to dinner—I had no other crown there—about five minutes afterwards I took it out and found it was bad—I immediately went to 116, Cornwall-road, but no one knew her there—I watched there in the evening, and saw the prisoner and another female and two men come out—they went to the George in Waterloo-road—where I gave the prisoner into custody—she denied all knowledge of me—I made her raise her foot, and I found she was wearing the very boots which I had repaired in the morning—she was taken to the station, and I gave the crown to the constable.
JAMES MASON (Policeman, L 57). The prisoner was given into my charge with the crown—she denied all knowledge of Mr. Killick, but afterwards said, "Why did not you tell me it was bad"—this is the crown.
Prisoner's Defence. I am an unfortunate girl. On Wednesday, I was discharged, and met a young woman outside the Court who I knew. She said, "Louisa, where are you going?" I said, "I do not know where." She said, "Come and stop with me and my husband, till you get a place to go to." I did so. She sent me with her boots and mine. I said they were to be sent to 116, Cornwall-road, and went home and said so. The husband said, "This is King-street, Cornwall-road," and I went back and said so. I paid with the five-shilling piece they gave me.
— Confined Six Months.
105. THOMAS WILLIAMS (38) , (Before Mr. Recorder), to a burglary in the dwelling-house of Frederick Henry Leaf, and stealing therein 1 spoon and other articles, his property.— [Pleaded guilty: see original trial image.] Confined Eighteen Months.
ADJOURNED TO MONDAY, DECEMBER 14TH, 1863.