CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 14TH, 1863.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers in the Queen's Most, Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 14th, 1863, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; Sir COLIN BLACKBURN, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir HENRY SINGER KEATING, Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS CHALLIS, Esq. and THOMAS QUESTED FINNIS, Esq.; Aldermen of the City of London; RUSSELL GURNEY, Esq., Q.C. Recorder of the said City; BENJAMIN SAMUEL PHILLIPS , Esq.; and ROBERT BESLEY, Esq.; Aldermen of the said City; and THOMAS CHAMBERS , Esq. Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
HILARY NICHOLAS NISSEN, Esq. Alderman.
THOMAS CAVE, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
LAWRENCE, MAYOR. SECOND 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, December 14th, 1863.
Before Mr. Recorder.
MESSRS. GIFFARD and MONTAGUE WILLIAMS conducted the Prosecution.
METCALF HOPGOOD . I am a silversmith and jeweller, carrying on business in Bishopsgate-street Within—I am the chairman of the British Mutual Investment Loan and Discount Company, the offices of which are at 17 and 18, New Bridge street Blackfriars—this (produced) is a proposal by the prisoner for a loan of 300l.—I do not think I saw the prisoner upon that proposal; it was received at the office, I think, about the 23d April—if I may be allowed to refer to a paper containing some of the particulars from our books, I can tell (referring); yes, the 23d April was the time of the application—here is a letter dated 27th April, 1863—that letter formed part of the proposal; it could not have come with the proposal, because this is dated the 27th, and the proposal was made on the 23d—the proposal was eventually accepted by the Board—I am not sure when that was; it was within a short time afterwards—upon that, a cheque for 300l. was signed; but it was not paid over until after the securities had been approved by the office—that was after the declaration now produced had been made by the prisoner—I think the cheque was paid over about 20th May.
Cross-examined by MR. SLEIGH. Q. Did you attend any of the meetings of the Board at which this matter was discussed? A. I have no doubt I did—I do not think the defendant appeared personally—I presume the cheque was for 300l.; I have no doubt of it—the proposal was, no doubt, discussed at two or three meetings previously to its being accepted—I did not personally make myself acquainted with the fact that the defendant had been an officer in the army, and was a person of great respectability; I am the chairman of the Company, and preside there; personally, I made no inquiries—I have not been stating the result to any personal inquiries; I do not think I have stated that I was satisfied with respect to the proposed security—I learnt a few days ago that since the defendant has been in custody, we have taken civil proceedings for the recovery of this very sum of money—I have not the slightest doubt of it—I hope that we have lodged a detainer at the gaol here, in case he should be acquitted.
or lately belonging to the Dragoons, and he also stated that he knew some members of my family in India—he mentioned the names of several persons whom I knew—he stated that he was desirous of getting rid of some liabilities that he was under, and that he should like to raise a sum of money upon some reversionary property for that purpose.
MR. SLEIGH. Q. Were you then acting for him as his solicitor? A. I was (MR. SLEIGH objected to the reception of anything which took place between the defendant and the witness, who was then acting as his solicitor, as any such matter would be privileged. MR. GIFFARD submitted that that would depend upon whether the communication was intended to be confidential, or to be conveyed to another person; if the latter, there would be no privilege; it had been recently held that if a solicitor was employed for the express purpose of carrying on a particular negotiation, the communication was deprived of the privilege.
THE RECORDER considered that if the solicitor was made a mere messenger or medium between the defendant and others, there would be no privilege as to that part of the matter that was intended to be communicated; but anything stated by the defendant with a view of consulting the witness as his solicitor to assist him in carrying out the negotiation, would be privileged. MR. GIFFARD stated that he did not seek to go beyond that qualification).
MR. GIFFARD. Q. Who prepared that proposal? A. Some of the hand-writing is mine; all that on the right-hand side, with the particulars of the nature of the security offered—I do not know whose the other is—I got those particulars from the prisoner for the purpose of sending the proposal to the office.
Cross-examined. Q. Verbally? A. Verbally—I wrote these portions of the proposal which are in my writing, at my own office, all at the same time—I think I had had one or two interviews with the prisoner before that, and it was during those interviews I made inquiries of him—his handwriting does not appear at all upon this; this was written while he was with me—I took down the nature of the security from the statement he made while there; it was written while he was in the room—(The proposal was for a loan of 300 l., and the security proffered was a fourth share of the sum of 3,000 l. in the Three-and-a-Half per Cents., to which the defendant stated he was entitled at the death of his mother, under the will of his uncle, Mr. Parnham, late of Croydon)—This letter, dated 27th April, is signed by me—I was acquainted with its contents before it went—I have no doubt I wrote that letter from communications with the defendant—some of these letters are private letters—(MR. SLEIGH objected to this letter being read, as it was not the document in respect of which it was alleged that the defendant made the false declaration; but was the result of a communication by the defendant to the witness as his solicitor. The RECORDER was of opinion that it was admissible upon the ground already stated.)—Letter read: "To Cobbold and Patteson, 17 and 18, New Bridge-street; 27th April, 1863; 2, Adelphi-terrace. Gentlemen,—I send you the office copy Will. My client is most anxious to avoid a notice being given to his uncle, the surviving trustee of the fund, because it might affect his future prospects; he proposes instead to make a statutory declaration that he has never assigned or encumbered it in any way affecting the same, and I feel certain this will be as operative as any notice; and from what I know of his character, every reliance may be placed upon his honour and integrity. I will get the other information required, and also the certificate of age of his mother. I forgot to mention that the policy of insurance for 300l. is also to form part of the proposed security")—The money was brought to me from the office by some gentleman—I paid it over to the
prisoner, deducting some charges for my costs—that was after the declaration had been made.
COURT. Q. You have stated that you did not know the prisoner until April, and you seem to have known nothing of him but what he himself told you, and yet you wrote to the office stating that from what you knew of him they might perfectly rely upon his honour and integrity? A. I had made inquiries in the mean time, and found he was a gentleman who had been in India; that he was known to some of my sons, also in the army, and from their statement, and from inquiry I had made of his brother officers, I found he was a man of good repute; therefore I had a right to presume he was an honourable man—I had seen persons who spoke very highly of him, and they pointed out to me some despatch that had been sent during the Indian Campaign recommending him to the notice of the Government for his distinguished services out there.
Cross-examined. Q. I think you bay he had served in India with your own son? A. He had—I did not hear that son speak of him; but I have another son who was in the army, and he knew him, and spoke very highly of him, and he was with him at Aldershot at the time he was there with his regiment—I think all those things justified me in looking upon him as a man of respectability—I know he had four or five medals—I learnt from him that he was also entitled to other property—that was a remote contingency, and that was the reason I selected this one in preference to the other—I can't say the amount of the other property, because I did not go into it or trouble myself to ascertain what the value of it was—I heard that, irrespective of these two properties, he was entitled under another will to a considerable property, but I did not know it for a fact—I ascertained from him that he was entitled to a considerable portion of prize-money which had not been paid over to him, and I believe that was so—from the circumstances that had been stated to me, I formed the highest opinion of him, both as a man of honour and a brave officer, and I consider I was justified in stating what I did.
MR. GIFFARD. Q. What is the reversion to which he referred? what did he say about it? A. The other reversion related to some property, I think, in the neighbourhood of Limehouse—it was some contingent reversionary property that he was entitled to—as I said just now, I did not inquire into it, because I selected this one as being the best for the purpose he required—he merely said he was entitled to other property of considerable value, and he named the place where the property was situated—that is all I know about it.
COURT. Q. Did he say under what will he was entitled to it? A. I really don't recollect what he said about it; I did not pay much attention to it—I did not select that property—I did not go into it at all; he merely said there was some reversionary property at Limehouse—his original request might have been for a loan of 50l. or 100l.—I don't exactly remember—it was not 300l. at first—he told me the amount of his debts, and then I suggested, as they amounted to 300l., he should apply for that sum; but I think the first sum he wished me to apply for was 200l.—I am quite sure it was not 50l.—the sum I handed over to the prisoner was 275l—I had made some advances to him—those advances were subject to the deduction from the office of a policy of insurance, and about 17l. for Mr. Cobbold's costs in investigating the title, which I thought very reasonable.
solicitors to this company—in consequence of directions I received from Mr. Patteson, I went to the office of Mr. Strutt, 2, Adelphi-terrace, on 20th May, to obtain the prisoner's signature to some securities—I met the prisoner there—he signed those securities in my presence—Mr. Strutt was present—I told them that I had to lodge a distringas on the deeds before the money could be paid over; that I would do so, and return afterwards, and hand over the money—the prisoner said he could not remain until my return, but requested me on my return to pay the balance of the money to Mr. Strutt—a written request was made out; I wrote it, and the prisoner signed it—this is it; it is dated 20th May—Mr. Strutt read it to him before he signed it—I asked the prisoner as to how he would be paid the money—he said, "In cash"—Mr. Strutt gave me the declaration, which has been produced—I read it aloud to the prisoner—I had previously asked him if it was his declaration, and he said, "Yes."—I took it away with me—I obtained the distringas, and lodged it—I obtained from Mr. Patteson a cheque for the amount, got it cashed, and handed the proceeds to Mr. Strutt—this is the declaration that I read to the prisoner—it has my own endorsement, and is signed by him.
Cross-examined. Q. You have not yet informed us what securities the defendant actually executed? A. He signed a bond, a promissory note, and a mortgage—they are here; there was also a policy of insurance—that was not given as a security—I did not see a policy of insurance at that time; it had not been made out—I can't from memory say when the promissory note would be payable—it was payable by instalments—I don't know the exact amount of those instalments—I think the whole was to be payable in about five years—(The declaration being here read, was dated 19th May, 1863, and stated that the defendant was entitled on his mother's death to a fourth share in 3,000l. under his uncle's will, and that he had not charged or encumbered any part thereoj).
THOMAS CREE . I am a solicitor, and a London Commissioner to administer oaths in Chancery—this declaration was made in my presence on 19th May last—I remember the prisoner making it; I made use of the usual formula—I simply asked if that was his name and handwriting, and if he solemnly and sincerely declared the contents of the declaration to be true—he said, "Yes."
MR. SLEIGH (to MR. STURGESS). Q. Is the Bristish Mutual Life Assurance Society a branch of the British Mutual Loan and Discount Company? A. No; it has no connexion with it, not the slightest—one is a limited Company, the other is a Society—they happen to have offices in the same house, and I think two of the directors of one Company are directors of the other—that is the only connection.
JOHN PARNHAM . I reside at Hampton-wick—I am the surviving trustee and executor under the will of William Parnham deceased—the probate of the will is here—I know of no other will of which I am executor and trustee under which the prisoner is entitled—there is no other.
Cross-examined. Q. Of which you are executor and trustee, is the question put to you? A. I am executor to another will—the defendant is not entitled to other property that I know of—I am not executor and trustee to any other will under which he is beneficially interested—I never heard of his being entitled to other property—he has no other uncle besides me living that I know of; none that left him anything—I am sure he is not entitled to the share of a reversion of 7,000l. under another will—I don't know of it—I know what my brother left his mother—I had a brother
named William—the prisoner's name was never in his will—I don't know that his children are entitled; in fact, I did not know him at all, and never saw him but once before.
Cross-examined. Q. Do you know by whom this was drawn? A. No; I am not a solicitor—it was at a house in Esher-street, Westminster, that I signed my name to it, and where I saw Mr. Ridley affix his name to it—I had seen him several times previously—I was employed at Esher-street—I was always there; I lived there—I don't know who brought this paper there—the first time I saw it, it was in the office—I cannot remember about what time of day it was that I witnessed this execution, it was some time in the mid-day—I don't remember having seen the prisoner in the office previously—I certainly can't tell who brought it there—I had never seen Mr. Ridley write before to my knowledge—Mr. Newton was there at the time—I believe that is the Mr. Francis Robert Newton named in this deed—I know different persons of the name of Newton, father and son—I don't remember whether Mr. Augustus Newton was present at the time, but I am certain of Mr. Francis Robert Newton being there, because he asked me to sign the paper—when the paper was signed I did not see any money pass between Mr. Newton and the prisoner—I did not know what the paper was that I was affixing my signature to—I merely witnessed the signature—(This was an indenture dated 6th November, 1860, between the prisoner and Francis Robert Newton, whereby the prisoner made an absolute sale to Newton of his share of the reversionary property to which he was entitled under the will of William Parnham, for the 1 sum of 120l.
SAMUEL WHITING . I live at 38, Harding-street, Ratcliff—on 7th May last, I purchased of Mr. Francis Robert Newton the reversionary interest just mentioned—it was sold by auction, and I purchased it at auction—this (produced) is the assignment by which the reversion was conveyed to me by Mr. Newton—I paid 120l. or 125l. for it, I won't be certain.
Cross-examined. Q. Did you happen to purchase any other reversion on that day? A. Yes; that was a reversion by which the prisoner was entitled to a part of 3,000l.—I have not got that document with me.
MR. GIFFARD. Q. That was from another brother, I believe? A. Yes; it was something similar to this, but another portion of it entirely.
THEODORE HALSTED FOULGER . I am a City detective-officer—on 24th of October last, in company with Underwood, a brother officer, I apprehended the prisoner on a warrant, which I held from the Guildhall police-court—I saw him at Kilburn; when he saw us he ran away—he gave us a chase over some fields—I caught him at West Hampstead—I asked him if his name was Ridley—he said, "No"—I read the warrant over to him; he refused to say anything on the matter—I took him to the station; he there denied that his name was Ridley—one of the directors of the British Mutual Investment Society came, and then he said he was known by that name.
Cross-examined. Q. By what name? A. By the name of Ridley—I did not tell him, when I first saw him, whether the process on which I was about to take him was a criminal one or a ca sa—I had seen him some time ago at Pinner, and he then told me he was not the person—I did not know that there was any civil process out against him—as soon as I took him to the station, he requested that Mr. Strutt might be sent for.
COURT. Q. When was it you had seen him at Pinner? A. About six or
seven weeks previously—I did not then tell him who I was, but he told me he was not the person.
MR. GIFFARD stated that as Mr. Newton's name appeared on the back of the bill, he would put him into the box or not, as MR. SLEIGH might wish. MR. SLEIGH did not ask for him.
GUILTY .— Confined Eight Months.
MESSRS. METCALFE and CODD conducted the Prosecution.
FREDERICK SWINERTON . I am the secretary of the Journeymen Millwrights' Trade and Friendly Society—the trustees are Joseph Roger Matthews, William Chamberlain, Henry Bournes, and Robert Williams—their meetings are held at the Swan Tavern, Fish-street—hill—I know the prisoner—he is a member of the society—that appears from the entry-book—I have it here—I have received money from him as a member—the objects of the society are to establish a fund for men out of employment, a superannuation, and money at the death of members and their wives—this is a copy of the rules, certified by Mr. Tidd Pratt—there is no sick-fund; men out of work are allowed 10s. a week for the first thirteen weeks, and 6s. for the remaining thirty-nine weeks—the prisoner came to me, on the 11th October last, with other members called "free members"—a free member is one not in arrears, and so entitled to receive out-of-work money; it is called tramp money—he attended with the other members who were out of work, and claimed the usual allowance—when it came to his turn the question was put to him, "Are you on?"—that is, on the funds of the society—he replied, "Yes," and I paid him 10s.—that was for the week ending October 11th—I did not say anything as to what it was for—the regular question is to ask the member if he is on, when he attends at the pay-table—that means, is he on the funds of the society? is he out of work?—I had made a payment to the prisoner the week previous—the same question was put then—we make no other inquiry; if fifty men were to come and say they were on, I should pay them all—there are only thirty-seven free members, and the prisoner was one—I have known him as a member for ten or a dozen years, but I believe he has been a member altogether twenty-seven years—I have, on other occasions, paid him similar sums of money—he came again the week following 11th October—I asked him if he was on—he said, "Yes," and I paid him 10s.—these entries are made by me at the time of payment—he came again on 28th February—I asked him the same question again—he said, "Yes," and he was paid 10s.—he came again on the 14th March, and claimed for two weeks—I again asked him if he was on, and he said, "Yes, for two weeks"—I paid him 1l. on that occasion—other members besides free members do at times come, but I do not pay them unless they are on—I find out the difference by putting that question to them—their word is sufficient; there is no rule empowering us to make any inquiry—I have been secretary to the society two years and a half—I knew the defendant to be a free member—I should not have paid him these sums if he had not stated that he was on the funds.
Cross-examined by MR. SLEIGH. Q. I suppose you have some book in which the names of free members are entered? A. No; all the names are entered in one book; they are free members unless they are in arrear—we have a book in which the names of members are entered—it is not here—
the defendant has paid 2l. 12s. a year, and funeral moneys besides—I do not get any receipt or acknowledgement when I pay these moneys—no member ever gives his signature on receiving money—a committee man who sits with me also makes an entry—there were two in this case, Thomas Symonds and Benjamin Baxter, and they are here—they have not been examined before—Mr. Symonds was present on 11th and 18th October, and Mr. Baxter on 28th February and 14th March—they enter the amount in the committee-man's book—this is it (produced)—it is a check-book against me—on 14th March I seem to have made the entry in the committee-man's book—I first received information about this at the latter part of July—I bad a letter—the defendant continued to be a paying member of the society, and is still so—his last subscription was received this day week—these criminal proceedings were commenced against him more than three weeks or a month ago—he was summoned before a committee of the society in reference to this matter; he attended—the information I received emanated from a person named Case.
MR. METCALFE. Q. How comes the entry on 14th March in the committee-man's book to be in your handwriting? A. Because Mr. Baxter came without his spectacles and could not write legibly without them, and asked me to make the entries that night—I have a book of my own in which I make entries at the time of payment—I have an entry in my own book on 14th March, as well as in the other book—on receiving the letter in July, I laid it before the committee on the following Monday, as I had received it on the Thursday—the prisoner was summoned to appear, I think, at the October committee meeting—I was instructed at the first meeting to write to Mr. Case to make inquiries; I laid the result of those inquiries before the committee at the next meeting, and they appointed two of the committee to examine Mr. Case's books before any steps were taken—they waited on Mr. Case and saw his books—the prisoner was then summoned before the committee, and after hearing what he had to say, these proceedings were instituted—since 1861 up to the present time the "prisoner has paid to the society 7l. 15s., and has received 10l. out—he would not be entitled to receive anything unless he were a free member—he would not be entitled to receive 10s. or any other sum unless he was out of employment.
THOMAS SYMONDS . I am one of the committee of this society—I was present on 11th and 18th October—I remember the prisoner coming on those nights and the last witness paying him 10s.—I entered it in the book—this is my writing—he would have no right to receive funds from this society unless he was out of employment.
BENJAMIN BAXTER . I was present on the pay nights of 28th February and 14th March—I remember the prisoner coming on those nights—he received 10s. the first, and 1l. the second—he had no right to receive that unless he was out of employment—one shilling a night is allowed between the and the secretary for our expenses—30s. is allowed for the whole of the committee once a week—it consists of eight members—our funds are very good, enough to keep us comfortable, and pay all our claims.
JOHN CASE . I am a spice-grinder at Dockhead—the prisoner entered my employment on 6th October 1862, and continued with me uninterruptedly up to 20th June, 1863—his wages were two guineas a week—I paid him those wages—I make an entry in my book at the time of payment—this is it (produced)—his first weeks wages were paid on Saturday, 11th October—on 18th October he was paid two guineas for work during the preceding week—on 20th February, 1863, I paid him two guineas for the week ending
that day, and on 6th March I paid him two guineas; he was in work that week—I paid him on the Friday that week because I was going out on the Saturday, and on the 14th March I paid him two guineas.
Cross-examined. Q. Is this book entirely in your handwriting? A. Entirely; these entries were made at the time—the names are all written down first, and the figures put in as the sums are paid—I was in attendance at my establishment every day—I don't think I have been absent a day from the time I went there to the present date—the prisoner has been there day by day from 6th October, 1862, to the 18th June, 1863, with the exception of Sundays—he has not always been there—on one occasion he was absent for two or three days, and he has repeatedly been absent for two or three hours—I cannot tell when that was, but he had two guineas paid him every Saturday just the same as if he had been there the whole time—I state that on my oath. The prisoner received a good character.
GUILTY .—MR. SLEIGH in moving in arrest of judgment, urged that under the Friendly Societies' Act, the property should be laid in the trustees of the society properly describing them. In the case of Reg. v. Murphy (see Sessions paper, vol. 58, page 554) the indictment was amended, as the trustees were wrongly described, here they were not described at all. THE RECORDER said that by a recent statute it was not necessary to allege the ownership of any money or chattel, but only to allege an intent to defraud. MR. SLEIGH submitted if that were so, the indictment would be bad for this reason, non constad upon this record, but the money was the prisoner's own, and if so the intent to defraud would be out of the question. THE RECORDER considered that it would then be question for the jury whether or no there was an intent to defraud.— Confined Twelve Months.
JOHN FOX . I am warehouseman in the employ of George Gibbs and another of Salisbury-court—I know the prisoner by frequently coming to our place for goods—we understood from him that he came from Mr. Kitcat, who dealt with us—on 2d September he brought this order for half a dozen roan skiver, which I gave him, and on 15th September he brought this other order for four skins and six skivers, which I also supplied him with—(These orders purported to be signed "G. and J. Kitcat").
Prisoner. Q. I came to you at various time, did I not? A. Yes; lately you came frequently without any order and got goods—you called on one occasion and spoke to the cashier.
JAMES KITCAT . I am a bookbinder in Hatton-garden—the prisoner was formerly in my occasional employment—the last time he was there was about a fortnight ago—these orders are not signed by me, or my brother, or by my authority—the prisoner had no authority to obtain goods for us, nor did we receive those named in the orders.
Prisoner. Q. Do you consider it an attempt to imitate your handwriting? A. It does not look like it; the letters are formed in the same way as mine—I don't know enough of your handwriting to say whether it is an attempt to conceal your own—you have been with us more than twenty years—possibly twenty-five—fourteen or fifteen years ago you lived in the house altogether.
cashier—this other paper is an invoice made out by our employer's eldest son—the cashier is not here—I delivered this invoice to the prisoner myself.
The prisoner, in his defence, denied that he had any intention to defraud, but stated that being about to commence a small business on his own account, his object was to obtain a temporary credit by the use of Mr. Kitcat's name.
GUILTY.—Recommended to mercy. — Confined Three Months.
MR. DALEY conducted the Prosecution
JAMES WHITE (Policeman, A 275). I produce a certificate of marriage between John Double and Ellen Pearman, on 10th March, 1842, which I obtained at the parish-church of St, Margaret's, Ipswich—I compared it with the register; it is a true copy—I also produce a certificate of marriage between John Double and Jane Symons, on 6th March, 1859, at St. Stephen's, Westminster—I examined that with the register; it is a true copy—I took the prisoner into custody on 27th November last, at Westminster—he was given in charge by the witness Harding—I told him he was charged with bigamy—he said, "That is quite right; I expected it before, since I saw my first wife last night.
Cross-examined by MR. COLLINS. Q. What is the prisoner? A. A baker—I apprehended him where he was employed.
JAMES HENRY HARDING . I am a painter of 7, Swan-street, Dover-road, Borough—I was present at the parish-church of St. Margaret's, Ipswich, on 10th March, 1842, when my sister, Ellen Pearman, was married to the prisoner—I gave her away and signed the book as a witness—they lived together as man and wife for sixteen years—they separated six or seven years ago—I continued to see my sister more or less from time to time—I was present at St. Stephen's, Westminster, when the prisoner was married to Jane Symons, on 6th March, 1859—I gave that bride away also—I knew that my sister was alive at the time—I signed the book as a witness to that marriage—Jane Symons knew at the time that the former wife was alive—the prisoner had at various times spoken to her about it in my presence—he has said that he was married before, and that his wife was living—he had been living with Symons for about a twelvemonth previous to the marriage.
Cross-examined. Q. I believe you are the only person who complains, the second wife does not? A. I don't complain at all—I prosecuted through ignorance; had I been aware of what was going to take place I should not have prosecuted at all—I am sure the prisoner knew that his first wife was alive—it was about the year 1855 that he and his first wife separated—they came to my place soon after they had separated—I have never seen them together since—I saw my sister after the second marriage at intervening times—I did not tell her about it—I don't know why—I did not think it worth while—there were four children by the first marriage, two boys and two girls I never persuaded Symons to marry the prisoner; I am quite sure of that; I persuaded them both against it—I don't know why he parted from his first wife—there was a written paper of separation—I don't know where it is—at the time I gave the second wife away, I was not aware that I was doing either right or wrong; I did not give it a consideration—the first time I told my sister about the prisoner's being married to Symons was when he was taken to the police-court—I did not tell her—she heard of it from another party—I gave the prisoner into custody; perhaps it might have been from ignorance on my part—I had not had any quarrel with him.
Brighton-terrace, but my husband persuaded me to sell the home, and I have done so—I have lived with him since our marriage, in March, 1859—I took care of his children—I thought his wife had just left him with three children, and he said if I would protect those children he would protect me as long as he lived, and I have done so—I have the youngest child with me—twelve-months passed away, and James Harding and his wife, my husband's sister, persuaded us to be married, and we were—I knew his first wife was alive, but she had left him, and the solicitor has a document that was brought to me—the prisoner has been a good husband to me, and a good father to the children.
Cross-examined. Q. Then you do not complain of his conduct? A. Not in the least—he has always behaved well—we have had several quarrels, but it has been on account of Harding and his wife—it was they who persuaded us to marry—I did not know at that time that his wife was alive—I had never seen her or heard any account of her—it is not true that Harding persuaded me not to marry as his sister was alive—he said she was dead, at least he did not know whether she was or not.
GUILTY .— Confined One Month
GUILTY.— Judgment respited.
PLEADED GUILTY .
112. JOHN M'CARTHY (18), and GEORGE CHAPMAN (18), were again indicted, with THOMAS COURTNEY (18), and ALFRED WARREN (26) , for feloniously breaking and entering the warehouse of Alfred Mansfield and another, and stealing goods, their property. Second Count, for receiving.
M'CARTHY** and COURTNEY**
PLEADED GUILTY .— Six Years' Penal Servitude. —CHAPMAN
PLEADED GUILTY .— Confined Eighteen Months.
MR. SLEIGH conducted the Prosecution.
ALFRED MANSFIELD . I am a bookseller and bookbinder, carrying on business at 18, Salisbury-square—one part of the warehouse is on the ground-floor and another on the first-floor—on the evening of 2d December I left the premises secure at a quarter-past 8; I stopped last and saw them locked—on coming there the next morning, in consequence of some information that was given to me, I discovered a serious loss of property—these three books (produced) are my property; the binding of one of them is not finished—they are worth 28s.—I believe them to have been safe the night before the robbery, but the time I saw them safe was that day fortnight, on the counter in the first-floor warehouse—I next saw them at the police-station.
JOSEPH WILLIAM CLARK . I am a pawnbroker, in Long-acre—on Friday afternoon, 4th December, about 2 or 3 o'clock, the prisoner Warren came into my shop—I heard him say something to my assistant, and produce some books—I looked at them, and went to the prisoner—he said he wanted nine shillings—I said, "Are they your own?"—he said, "Yes"—I said, "Where did you get them from?"—he said he bought them at Cambridge twelve months since—I said, "I don't think you can have bought these books, for one certainly has not been finished, and has never been sold; where do you live?"—he said, "I live at Cambridge"—I sent for a policeman and gave him into custody.
CHARLES GREEN . I am assistant to Mr. Folkard, pawnbroker; 67, Gray's-inn-road—I produce three books, which I took in pledge from Warren on Friday morning, 4th December, about half-past 8—I asked if they were his own—he said, "Yes"—I referred to their being such a very old date; one is twelve years old, and the collects being so old, they were of little value—he said that made very little difference to him, he said his prayers just the same—I offered him three shillings on the two—he gave me another one, and I lent him four shillings—I referred to their being discoloured; he said his wife did it in cleaning the table—he said he had had them some time.
ROBERT MARTIN . I am assistant to Mr. Abethell, a pawnbroker, of 284, Gray's-inn-road—I produce some books, pawned by Warren on 4th December, about a quarter-past 8 in the morning—he asked me five shillings on them—I asked if they were his own, and he said they were—I lent him five shillings—he gave his name, "W. Smith"—I asked if it was "William" Smith—he said, "Yes; of 16, Ampton-street, Gray's-inn-road"—I made no further inquiry—the list did not come round until after he had pledged them—I then went to the police-station.
MARY ANN FURY . I am a widow, and live at 43, Verulam-street, Gray's-inn—I never knew the prisoner Warren till the morning he fetched the books from my place—he came on Thursday morning first, and came on Friday for the remainder—the books had been left at my place on the Thursday morning by these young men (the three first prisoners)—they were books very like these—Warren came first, on the Thursday, and took some away, and came again on Friday morning and took the remainder—M'Carthy sold them to him in my place—I told them I would not have the things in my place—Warren did not give any money for them; he agreed to give the money when he had sold the books—no money passed that I saw—they wanted five pounds for them—Warren said he would not give five pounds, he would give three pounds ten, and, if he did well by them, he would give them another ten shillings—at that time there were a great many books of this description in my place—I don't know how many.
Warren. The books I took away and pledged I received from this woman and her son, who was one of the robbers; there were four in the robbery, according to their own statement. I did not buy the books, I received them from her and her son to make a sale of in the best way I could.
PATRICK WINTER (Policeman, A 321). I was called in on 4th December to Mr. Clark's shop—I found the prisoner in one of the boxes there—Mr. Clark stated that he had received these books from the prisoner, and he believed they were not all right—Warren said he came from Cambridge that morning and brought the books with him, and he had had them in his possession upwards of twelve months—he at first gave the name of "Clark," and afterwards "Warren."
Warren's Defence. I went to this woman on the Thursday and took away ten books—I believe there were fifty-one—next morning I went for some more, and there were but fifteen—the remainder she made away with herself, I suppose—I took away twenty-five altogether, and out of them I pledged from sixteen to twenty; I could not say exactly, for I had been drinking at the time—she did not tell me they were stolen; I received them from her and her son—I never saw these men at all—her son is a seafaring man, and he told me he had brought home several things—I am no scholar, and can't read these things—there were four in the robbery; her son was one, and the mother received the goods—she sent for me, and asked
if I would buy them—I said I did not understand them, and had no money to buy them—they asked if I would sell them for them, and I said I would try—she wanted five pounds—I said they were not worth that—she then said could I get three pounds ten—I said I would try, and I took three for a sample.
WARREN.— GUILTY on Second Count. — Eight Year' Penal Servitude.
Hann, the detective officer, stated that Warren was a known receiver of stolen property: that his house had several times been searched, had long been under the observation of the police, and that young thieves had been traced there.
NEW COURT.—Monday, December 14th, 1863.
Before Mr. Common Sergeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
EMILY DOUGLAS . I live at 6, Park-side, Knightsbridge—my sister keeps a tobacconist's shop there—on 1st December the prisoner came for half-anounce of tobacco, which came to 2d.; he gave me 1s.—I put it in the till, where there was no other, and I gave him 10d. change—I afterwards took out the shilling and sent it by the servant to get a loaf—she brought it back bent double, and I threw it in the fire—I do not know whether it melted—on 4th December the prisoner came again—I knew him directly—he asked for half an ounce of tobacco, and gave me a bad shilling—I told him he had passed a bad shilling on the Tuesday—he said he had never been in the house before—I am sure he is the same person—I sent for a constable, and gave him in custody, with the shilling.
ELLEN FROST . I am servant to Mrs. Douglas—on 1st December she gave me a shilling to get some bread—I took it to the baker's, and it was bent nearly in two and returned to me—I took it back and gave it to Mrs. Douglas—I am sure it was the same.
ELIAS FORD (Policeman, A 263). On 1st December I was sent for to Mrs. Douglas' shop about a quarter to 3 o'clock, and saw the prisoner and the coin—Mrs. Douglas accused him of being there on Tuesday—he said that he was never in the shop before—he gave his address, 104, Whittington-street—I went there, but he was not known there—I found 1¼d. on him.
WILLIAM WEBSTER. I am inspector of coin to Her Majesty's Mint—this is a bad shilling.
Prisoner's Defence. I gave my right address. It was the first time I was ever in the shop.
PLEADED GUILTY .**— Six Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ELIZABETH HENLEY . My husband keeps the Portman Arms, Millbauk-street—on 15th November the prisoners came in together—one of them asked for a pint of been, and gave me a florin—I did not see which it was,
bat I put down 1s. 8d. change, which Kennedy took up—they both drank of the beer, and Kennedy pressed Ford to hare something more to drink, which Ford refused—they left together—I put the florin in the till; there was no other there—I afterwards found that it was greasy, and gave it to my husband—on 25th November they came again; Ford asked for a pint of beer, and tendered half a crown—I asked him how many he had got of the same quality—he said that he did not understand what I meant—I said, "This is bad, and it is not the first had money you have passed on me—I I gave them in charge, and said, "You were here a short time ago, and gave me a bad two-shilling piece"—I gave the half-crown to my husband.
Kennedy. Q. Did not you take the florin from your purse on the night we were at your house, and wrap it up in a piece of paper? A. No, I never put it in my purse, my husband took it out of his purse—I did not have his purse in my pocket.
COURT. Q. Had you the purse in your possession. A. It was given to me by my husband; it was not mine—the bad florin was wrapped up in paper, and I said, "Here is a bad florin; which one of you gave me, I do not know which."
CHARLES HENLEY . I am the husband of the last witness—she gave me a florin—I put it in my pocket, by itself, and gave it to the policeman, on 25th November, with a bad half-crown, which I received from my wife on the 25th—it was not in a purse or in paper—I took it from my pocket, and gave it to my wife—I was present on the 25th—I produced the florin directly, and said in the heat of passion, "There is one; we are waiting for you"—the prisoners had come in two or three nights after passing the florin, and my wife said "Those are the men I took the two-shilling piece of"—the instant they saw me they walked out, without having anything.
Kennedy. Your wife states that it was in your purse. Witness. My wife does not know what it was in—I did not give her a puree—we took another bad florin the same day, which my barmaid says she took one of you—she is not here—we did not press that charge.
WILLIAM SEAWARD (Policeman, A 271). I took the prisoners at the Portman Arms, on 25th November, and received this florin and half-crown (produced) from Mr. Henley—I found one penny on Kennedy, and nothing on Ford—I told them the charge—Kennedy said that Ford asked him to go in and have part of a pint of beer with him, but he had not passed any bad money, and he had never been in the house before.
WILLIAM WEBSTER. These coins are both bad.
Kennedy's Defence. This man asked me to have a drop of beer, and I did so. I had never been in the house before.
Ford's Defence. The same day, between 6 and 7, I was over the water, and a man gave me the half-crown for work I had done for him; I went into the house, and was accused; I was never in the house before.
GUILTY .— Confined Nine Months each.
RICHARD BARLOW having stated in the hearing of the Jury that he wished to plead Guilty, the Jury found a verdict of
GUILTY. MR. METCALFE for the defence, stated that the prisoner suffered so much from dysentery, from residing in India, that he had taken so much opium as to affect his head very much. Judgment Respited. —No evidence was offered against MARY BARLOW.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
JOHN CHAPMAN . I am carman at the Great Northern Railway—on 1st December, about 4 or 5 o'clock in the afternoon, I went out with a van; a guard, named Stevens, went with me—I stopped the waggon at Dowgate-hill and took a parcel out to convey to College-hill, leaving Stevens in charge of the waggon—I was absent about four or five minutes—on coming towards the van I saw two men on the off side talking to Stevens, and the prisoner on the near side, with one foot on the spoke of the fore-wheel, and a parcel in his hand, which was inside the van, in the corner, when I left—I collared him, he struggled, and said, "I am a respectable man; you are drunk; let me go you scamp"—I said, "It looks like a respectable man to steal a parcel from a van"—I held him for five or ten minutes before a policeman came up, and there were then 300 or 400 people round, some calling out, "Let him go you scamp," others calling out, "Stick to him Great Northern"—the other two men ran down Cannon-street—I gave the prisoner into custody.
Prisoner. Q. Was the parcel off the van or not? A. Yes; it was in your hands, and you threw it down on to the van again—it weighed about half a cwt.—you did not ask me to point out which parcel it was.
GEORGE STEVENS . I am one of the guards attached to the Great Northern Railway—I went out with Chapman with the van on 1st December—we went to Cannon-street, and I stopped with the van in Dowgate-street, while he took a parcel to College-street—while ho was gone two men called me to the off side of the van, and asked me to direct them to Harrison-street—I did not see anybody on the other side of van then—I told them I did not know it—they then pointed towards the King William statue, and asked me if it was not up there—I said I did not know where it was—my attention was taken off for a minute, and when I looked round again I saw Chapman struggling with the prisoner—the parcel had been moved from where I had placed it—I know where I placed it—I did not see it in the prisoner's hands—the two men then crossed the road, and ran up towards the statue, as hard as ever they could go.
Prisoner. Q. Did not your horse start? A. Yes; she always will.
MR. COOPER. Q. Are horses in the habit of starting when they feel anybody on the step? A. Yes; our horse always starts on when any one touches the wheel in front—I called out "woh!" when it moved, and then saw Chapman with the prisoner.
WILLIAM EDLEY (City-policeman, 448). I took the prisoner—the carman charged him with stealing a parcel off his van—the prisoner said that he was passing, saw the horse move, and put his hand up to the parcel to save it from falling on his head—he gave me an address 28, Charles-street, Regent-street, Piccadilly—I went there the same morning, and found it to be false—it is a gentleman's residence.
Prisoner. Q. When you asked him which parcel I tried to get off the van, did not he point to a different parcel altogether? A. Yes, in the confusion—he was not looking at the parcels; he was looking at me, and he did not notice which it was—he afterwards saw his mistake, and pointed out the right one—two people on the pavement made themselves very forward, and I told them if they had anything to say they might come to the station—they immediately bolted up Cannon-street—I did not notice what they said.
were some people trying to rescue him—he tried to throw me twice—when I loft the van, the parcel was lying on the inside rail of the van, resting on another parcel—there are two rails—when I saw it in the prisoner's hand, he had just lifted it from the van—it was not touching the van at all—he was in the act of leaving the van.
Prisoner's Defence. I was passing along Cannon-street, and just as I got within about a yard from where this parcel was, on the edge of the van, the horse started suddenly, the parcel tilted over, and I just put up my hand and pushed it into the van; the carman came up and said I was trying to take the parcel; a gentleman there said, "He did not try to take it; he was only pushing it on to the van." The carman did not know which parcel it was till a gentleman told him; I don't think any jury can convict me on such evidence as this; if I had intended to steal that parcel, I should not take it off the van and then put it back again.
He was further charged with having been before convicted at Clerkenwell in September, 1861, in the name of William Oliver; to which he
PLEADED GUILTY.** The officers stated that he had been nine times convicted.
Seven Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
GEORGE FORD . I am a compositor, of 12, New-court, Farringdon-street, and work for Mr. Higgins, of Fleet-lane—on Wednesday, 2d December, the prisoner came there and asked for some work—he stopped some little time talking to the men at the machine—I watched him, and after Mr. Higgins had gone up to tea, he walked round the shop again, from one to the other talking, and as he passed some shelves on the left-hand side, where the type is kept in pigeon holes, he took up two packets and put them in his pockets—he spoke to Mr. Higgins's daughter while putting them in his pocket—he afterwards came and talked to me, and when he left I followed him, and asked him, in the street, if he had got something which did not belong to him—he said, "No"—I said, "Will you allow me to feel?"—he said, "Yes"—I felt his left pocket, and there was nothing; I felt his right pocket, and said, "You have got something there; you must come back"—he said, "Do not take any notice; come round the corner"—I took him back to the shop, where Mr. Higgins was, and took two packages of type out of his pocket, worth 14s.—he was given in custody.
Prisoner. I was the worse for drink. Witness. Decidedly not—I never saw you so sober or steady, and I have seen you both ways.
WILLIAM HIGGINS . I am a type founder, of Fleet-lane—the prisoner came to my shop, on the afternoon of 2d December, and asked for work—I declined to employ him—after I had gone up to tea, I was called down, and saw the prisoner at some distance from the house being brought back—Ford asked him to take the type out of his pocket—he did not do so, and Ford took it out—I should say that he was sober—this is my type—I gave him in custody.
Prisoner. Q. Would that type be of any use to me, could I have sold it? A. Certainly—you worked for me eighteen months ago, and when I discharged you I told you it was because I had lost a great deal of property while you were with me, and I could not understand why you kept calling on me.
Prisoners Defence. I had no more intention of stealing the type than any gentleman here; no printer would buy it. I was the worse for liquor, and must have thought it was my own work which I was putting in my pocket, because the packages I used to take away from Mr. Higgins's were just the same size; I have a twenty-nine years good character, if I am convicted I shall lose my situation, and my wife will lose hers too, and we shall be thrown upon the streets.
GUILTY.Recommended to mercy by the Jury. — Confined Six Months.
The following prisoners
PLEADED GUILTY :—
121. WILLIAM EASSON (20) , to unlawfully obtaining 10l. by false pretences. Recommended to mercy by the prosecutor, and Mr. Matthews, a merchant of Mincing-lane, undertook that he should be sent to New Zealand. [Pleaded guilty: see original trial image.] Judgment Respited. —
123. WILLIAM CHARLES CLELLAND (27) , to feloniously forging and uttering an order for the payment of 60l., with intent to defraud. [Pleaded guilty: see original trial image.] Judgment Respited. There was another indictment against the prisoner.
OLD COURT.—Tuesday, December 15th, 1863.
Before Mr. Recorder.
WILLIAM CHARLES PETERS . I am a commission agent residing at 115, Rotherfield-street, Lower-road, Islington—from information I received from a Mr. Knight, I went to the Alhambra in Leicester-square, and paid to Mr. Wyld a sum of 10s. and received from him a piece of paper—I afterwards saw the prisoner, spoke to him in reference to it, and gave it him back—I said it was informal in consequence of its having been written on an erasure, and the stamp damaged—the prisoner said he was sorry for it—it was of no consequence—he would get another from his friends, the Marquis of Anglesey and the Earl of Uxbridge, he being on the most intimate terms with them—he made an appointment with me to meet him at a public-house in Bush-lane, a highly respectable place of refreshment—he there gave me this other bill of exchange (produced)—(this was dated 17th October, 1863, for the sum of 1000l. payable three months after date, at Messrs. Hoare's, Fleet Street, signed Uxbridge, and countersigned Anglesey)—I took that bill to Mr. Anthony of St. Martin's-lane, a highly respectable solicitor of many years standing, and of wealth—I did not tell the prisoner that I was going to take it to him—from something Mr. Anthony said I took it back to the prisoner, and told him that bill was also informal, the figures, "17th," having been written on an erasure—he said that he regretted it; that the Marquis would owe him an apology for having made the mistake, but it was only an error, which he would remedy, and I was to meet him again on the following day at the same public-house—I did not meet him there—I think the day following, Knight, who had introduced the matter of the bills for discount to me, was arrested—in consequence of something that was said I met the prisoner at the Bell, in Basinghall-street—he then said he should not like to ask the Marquis and the Earl for the stamps, but if I would get the stamps he would take them up to the Junior United Service Club, and get the bill accepted—I procured the stamps, and went with him to the Junior United Service
Club, but before that I saw him write both the bodies of the bills—when we got to the club, he said he would go in and get the bills regularly drawn and accepted, if I would wait outside for him a few minutes—I expressed a wish to see the principals, and ho said, "You will excuse me introducing you to my friends the Marquis and the Earl on this occasion, I will on some future occasion"—he remained there about three or four minutes—when he came out he said that the Marquis and the Earl were not there, but that he knew where to find them at Pimlico, that he would go to Pimlico, and return to me to any place I liked to appoint in the neigbourhood—I appointed a place in the Haymarket—he said he would return to me in half-an-hour—he came back in about that time, and handed me these two bills now produced—one is for 1000l. and the other for 500l.—he said, "Now these are perfectly correct; I saw the Marquis and the Earl sign them myself"—(these were dated October 17th, 1863, payable at Messrs. Hoare's, Fleet Street, signed "Uxbridge," and countersigned "Anglesey ")—I took those bills to Mr. Anthony, and made a communication to him in reference to them.
JOSEPH HUGGETT . I am a City detective officer—from information I received I went with Sergeant Funnel and Inspector Tanner to the Bell public-house, in Basinghall-street, on 23d—I there saw the prisoner;—I addressed him as Captain Heatley—he said, "That is my name, quite right"—I said, "I am a police-officer, and I shall apprehend you for uttering several bills of exchange, purporting to bear the signatures of the Marquis of Anglesey and the Earl of Uxbridge"—he said, "Quite right; I had them from Captain Massey, better known as 'Redan Massey'"—I said, "Have you any more of those bills about you?"—he said, "No, I have not"—I said, "Be certain on that, as I shall have to search you"—with that he took from his pocket this bill of exchange for 1000l. (produced), and handed it to me—I said, "Where did you get this?"—he said, "From captain Massey"—I said, "Where?"—he said, "At the Junior United Service Club-house"—I asked him when—he said, "Last night"—I then took him to the police-station, and he was charged—several papers were found on him—amongst them was this envelope, with a list of bills of exchange on it, in which those produced are included—(the bill of exchange found on it prisoner was for 1000l. dated 17th October, 1863, payable four month after date, at Messrs. Hoare's, Fleet Street, signed "Uxbridge," and countersigned "Anglesey;" the envelope contained a list of bills as having been given to different persons, and the names "Anglesey" and "Uxbridge" written repeatedly upon it)—he was told by Inspector Tanner that there were other charges against him.
Cross-examined by MR. SLEIGH (with MR. KEOGH). Q. Had you heard at this time anything about a Captain Massey? A. No, not till I heard it from the prisoner himself—I have not made inquiries as to whether there is a person about London now, calling himself Captain Massey—the prisoner stated to me it was the "Redan Massey"—he said, "I had it from Captain Massey, better known as 'Redan Massey'"—I went to the Horse Guards to inquire about this Captain Massey of India—I was not told there about any other Captain Massey—the prisoner was in a most deplorable condition as far as his clothes went, when I took him into custody—he was in a very bad state altogether—I did not know who he was when I apprehended him.
THE MOST NOBLE THE MARQUIS OF ANGLESEY . The signature to these bills of exchange are not mine, or written with my authority—there is no resemblance whatever to my signature—I am not a member of the Junior United Service Club, and never was—I never banked at Messrs. Hoares—I never saw the prisoner till I saw him at the Mansion House—I see the
signature "Uxbridge" here—that is certainly not his Lordship's hand-writing.
Cross-examined. Q. Those acceptances have no resemblance whatever to your handwriting? A. None whatever—in one of them the "a" is made in a different way to the other two—the first one is so—I never made an "a" in that way.
CHARLES AMOTT . I am clerk to Messrs. Cocks, army agents in Leicester-square—I know a gentleman who is known by the name of "Redan Massey"—he is now major in the 5th Lancers—that regiment left England in July last—Major Massey left with his regiment—we have not heard of his arrival in India yet, but we are expecting to daily.
Cross-examined. Q. Are there other Captain Masseys in the army? A. I am not aware that there are any—I know there are two Major Masseys, but I don't know of any Captain Massey—"Redan Massey" obtained his Majority last January—he was Captain up to that time.
MR. SLEIGH to Mr. PETERS. Q. Are you acquainted with the genuine handwriting of Lord Anglesey? A. No—I have never seen the Marquis's handwriting, either before this or since.
MR. LEWIS stated that in addition to this case the prisoner had forged the Earl of Westmoreland's name to bills amounting to 1500l. and also Captain Massey's name, and papers were found on him with those names written repeatedly, as if he had practised the signatures. Six Years' Penal Servitude.
MR. NICHOLSON conducted the Prosecution.
CAROLINE LOUISA THORNTON . I am the prisoner's wife, and live at Market-street, Fitzroy-market, Tottenham-court-road—on Saturday, 29th November, I returned home about 11 o'clock at night—on knocking at my room door, there was a chair put against it to prevent my getting in, and when I got in my husband struck me—he was lying down on the bed, and he got up and struck me—there was a knife lying on the table—I took it up, and he tried to get it out of my hand—in doing so he cut his own hand, and after that he struck me again, and got the knife from me—with that the candle went out, and I called out "Murder"—then he struck me again on the head, and I don't remember any more, except that I felt a blow on my head, but how it was done I could not tell—he stabbed me—he had threatened me before many times, and struck me before—he has threatened to ill-use me many times—he was not sober on this occasion—he is in the habit of drinking, and then he illtreats me—I felt a blow, but I did not know what it was with till afterwards, when I saw the blood—I am certain I did not fall on the knife—I felt the blow on the side of the head, near the temple—I was standing up then—he had knocked me down before that, and I had got up again.
Cross-examined by MR. PATER. Q. You can't tell how you received the blow on the head? A. I don't know—the light went out about a second before I had the blow on the head, immediately before it was done—I was not sober—I was not greatly the worse for liquor—I had had a little to drink, not a great deal—I don't exactly know what time my husband came home first—he had been working in the country—he said a week before that he should not come home again, so I was not aware whether he would come home or not—two children were at home besides my husband—one is fourteen, and the other four—they were both in the room when I came home—the young one was abed—the elder one was up—my husband's hand was cut whilst he was
wresting the knife from me—it was not cut severely that I am aware of—I have not seen it, so I cannot tell—I never stabbed him—I did not stab him three weeks or six months before this—he was never laid up from a stab received from me—he has stabbed me before in the head—we do not lead a very happy life—I am not in the habit of leaving him for days together—I have certainly stopped away for fear of my life being taken—once I left for five months—I am never in the habit of keeping out late at night, only for fear—I have been sitting on the stairs at night—I have never been in prison for drunkenness, or been bound over to keep the peace to my husband, or my neighbours, or anybody, I can swear that—it had not gone 12 when I came home—it was about half-past 11, I think—I had a few words with my husband previous to the blows—I can't recollect what they were—I have certainly pawned my husband's clothes when I wanted food, not my children's—I have not got any to pledge, I am sorry to say—I believe the policeman has the knife.
ISABELLA THORNTON . I am fourteen years of age, and am the daughter of of the prosecutrix and the prisoner—I remember the evening my mother came home when this quarrel took place—my father came home at 8 o'clock on Saturday night, and stopped in a little while, but went out again—he came in at 11 o'clock, and put a chair against the door, and said my mother should not come in, and he put a knife on the table—when my mother knocked at the door, he told me to open the door, and when she came in, he punched her—she tried to halloa out," Murder!" but my father would not let her, and he stuck her with the knife, held her up against the wall and stuck her with the knife, and then he punched her again after he stuck her with the knife, and she ran down stairs—I went for the police—my father put the knife on the table when he came home the second time; he took it out of the cupboard—he did not use it for any purpose; he took it out of the cupboard and placed it on the table—he said he would stick it into my mother when she came in—he said that to me—they had a few words together first when she came in.
Cross-examined. Q. Do you remember being examined as a witness at the Police-court? A. Yes—I have said before that my father said he would stick my mother—I don't know where it was—I was at the Police-court—I am quite certain I said it there—this is my mark—I believe it was read over to me before I put my mark to it (The witness's deposition was here read; it did not contain anything about the prisoner having said he would stick his wife)—I have heard that read—I still persist in saying that I did say what I stated just now—I have never left home—I have never run away from home only when I was at service—my father did not tell he that he had been into many public-houses in search of my mother and could not find her—I don't know whether my mother was sober or drunk, she had had a little drop—father began to call her names first—she was very excited, and very noisy and quarrelsome—I did not hear her threaten my father—he was not sober—the light went out before my mother was struck; not long before, about five minutes—I have a sister; she is at service—I was the only child at home—there was not another child in the bed, she had not come home.
COURT. Q. Have you one sister four years old? A. Yes, but she was in the next room—we have not two rooms—the people took her in.
ROBERT PITT (Policeman, E 171.) I was on duty in Tottenham Court-road on the night of this disturbance—the last witness came to me, and called my attention to her mother—I proceeded to the house, and saw the prosecutrix sitting on the doorstep, covered in blood—with the assistance of
some bystanders, I took her on a costermonger's truck to the University Hospital—she had been drinking—she afterwards went to the station and charged her husband with stabbing her—another constable took him in charge.
JOHN FROST (Policeman, E 168). I took the prisoner into custody—he was intoxicated—he said it was as much, her fault as it was his—I have the knife (produced)—I found it on the table, with these clothes alongside of it.
Cross-examined. Q. Did you see the condition in which the prisoner's hand was? A. Yes; I did not see any cut—I saw his hands covered in blood—I saw no wound.
GEORGE SMITH . I am surgeon at the University College Hospital—on 29th November, about 1 o'clock in the morning, the prosecutrix was brought into the hospital—she had a cut on the right side of the head, about an inch and a half in length, extending down to the bone—I think such a wound could not have been inflicted by falling on a knife; I think it was such a wound that it would have taken a hand to have thrust the knife—it was a cross cut—it was such a wound as would be inflicted by a knife—I should think the woman had had something to drink, but she was faint from loss of blood.
MR. PATER called the following witnesses for the Defence:
JOHN LANGSTAFF . I live at No. 2, Arthur-grove, Kentish-town, and am foreman to Mr. Boyd, of 9, Conduit-street, Regent-street, the prisoner's employer—I have known the prisoner about four months—I engaged him through hearing of his good character—I have always found him a quiet, inoffensive man—I have seen him two or three times a week, and I never saw him tipsy—I went down where he was at work on the Saturday in question, and brought him to London with me—he was sober then.
Cross-examined by MR. NICHOLSON. Q. What time in the day have you seen him? A. Generally during working hours, occasionally after; at 10 o'clock at night; in the middle of the day, and early in the morning.
HENRY AVERY . I live at 18, Henry-street, Hampstead-road, and am a painter—I am the landlord of the house in which the prisoner lives—they came six or seven months ago—he has always paid the rent regularly—I have seen him once or twice a week, sometimes on the Saturday night and Monday morning—I have always found him very quiet and sober when I have seen him—I saw him between 8 and 9 on the Saturday night when he came from the country—he was perfectly sober then.
WILLIAM IRELAND . I live at 5, Ironmongers'-buildings, Skinner-street, Snow-hill, and am a mechanic—I have known the prisoner eight years—we have worked at the same place for the last four months in the country—I can give him a very good character for sobriety and good conduct—he has cried to me, and I have had to keep clothes for him so that his wife should not pledge them.
GUILTY of unlawfully wounding.—Recommended to mercy by the Jury on account of the provocation he received. — Confined Eight Months.
MR. ORIDGE conducted the Prosecution.
ROBERT SAVAGE . I am a carman, living at. 4, Bartholomew-place—the prisoner is my step-brother—at half-past 11 on Saturday night, 7th November, I was in the room with my mother, having a few words—mother said she should go out, and the prisoner got up and asked what for, and he made
a strike at me with his fist, and ran out—I had not said anything to him at that time—I ran after him—my mother came out, and not seeing him, she sat down on the stairs and began to scream—I put one arm round her neck and one arm on her hand, and persuaded her to come in as a person living up stairs was in the last stage of consumption—Mr. Cape, a publican, came in next, and he tried—in the mean time the candle went out, when the prisoner came in behind me with a chopper, and said, "Take that!"—I happened to turn round with my arm up and avoided the blow as much as I could—the chopper cut me on the head; but I don't believe he intended to hit me on the head—I believe he intended to hit me on the arm with the flat side—I don't believe he intended to do me any harm whatever—I was taken to the hospital, and my wound was dressed. (THE COURT considered that upon this evidence the felonious part of the charge could not be sustained. MR. BARNARD, for the prisoner, stated that he could not resist a verdict of unlawfully wounding.— GUILTY of unlawfully wounding.—Recommended to mercy by the prosecutor. — Confined One Month.
NEW COURT.—Tuesday, December 15th, 1863.
Before Mr. Common Serjeant.
127. GEORGE BASS (19), and WILLIAM GRANT (22) , Burglariously breaking and entering the dwelling-house of James Keating, and' stealing therein, 2 coats, 1 pair of trousers, and 1 pair of ear-rings, his property, and 23 boot upper leathers, and 22 pairs of soles, the property of Maurice Keating.
MR. COLLINS conducted the Prosecution.
JAMES KEATING . I am a shoe manufacturer, of 20, New Norfolk-street, Shoreditch—on Saturday evening, 31st October, about 9 o'clock, I locked up my house, and went to market with my wife, leaving some boots, coats, trousers, and ear-rings safe—we returned in about an hour, and found the front door open, and the drawers pulled out and ransacked—I missed these articles (produced)—they are my property (I have the corresponding portions of the work)—I next saw them in the hands of the police, next evening, Sunday, all except the ear-rings.
ROBERT DOUGHTY (Policeman H 87). I am a detective officer—on Saturday, 31st October, about half-past 9 o'clock, I was with Kenwood in Boundary-street, Bethnal-green, and saw Bass carrying this bag (produced)—Grant was with him—Bass turned round, saw me following them; Bass threw the bag down, and Grant picked it up—they ran up Nelson-street, where Grant threw the bag into a house—I still pursued the prisoners, but lost them—Kenwood went into the house and got the property—on 6th November, I took Bass in Tyson-street, Bethnal-green—I searched him at the station, but found nothing—I told him I should apprehend him for stealing some boot uppers and different things from Norfolk-gardens—he said, "If you wanted me, you knew where I lived; you could have found me before"—I knew where he lived two years ago, but not then—I had been looking for him—I have known him five years.
Grant. Q. If you saw me in Boundary-street, why did not you take me? A. Because I could not run fast enough to catch you, and an apple stall stopped me—I raised an alarm, and ran after you 150 yards, but there are no people in that street who would stop a thief, if they saw him running.
the prisoners—Bass was carrying the bag; he threw it down, and Grant picked it up, ran down Nelson-street, and threw it into No. 53—they escaped—on 29th November, I apprehended Grant at 56, Nelson-street; next door to where he threw the bag in—I had been in search of him ever since—I told him I was going to take him in custody for being concerned with another, who was under remand, for stealing a book, a purse, and some wearing apparel—he said that he knew nothing about it—I searched a cupboard, over the head of his bed, and found three skeleton keys—he said that they did not belong to him.
Grant. Q. Was I the only occupier of the room? A. No; there were three lads in one bed, and you had a bed by yourself—I found plenty of other things in the cupboard—I took a cash-box, which the woman said she had had for years—I asked the three chaps who the keys belonged to—I did not say before the Magistrate that Bass gave you the cash-box, nor did the Magistrate, in consequence of my giving two statements, accept two sureties in 40l. each, for your appearance at the Sessions—not a word of the kind passed—you were asked what you had to say, and said that you would reserve your defence.
MR. COLLINS. Q. Are you quite sure that Grant is the man? A. Yes—I have known him for years.
Grant's Defence. This man took me in custody on Sunday morning, took me before the Magistrate on Monday, and declared that he saw Bass, who was under remand, give me a bag, and that I threw it into a passage; I was remanded till Saturday, when he said that he saw Bass throw the bag away, and me pick it up; the Magistrate said that he could not settle it; it might be a case of mistaken identity on the part of the police. If I had been guilty I should not have stopped in that house or neighbourhood, well-knowing that these men knew me, and could have taken me if they liked; I stopped in the neighbourhood, and was taken one month afterwards in bed.
Bass. I beg for mercy.
GUILTY .**—BASS was further charged with having been before convicted, in May, 1862; to which he
Six Years' each, in Penal Servitude.
HENRY BULL (Policeman, F 80.) On the morning of 3d December, about a quarter to 1 o'clock, I was called off my beat to Broad-street, St. Giles, and on my return to St. Andrew's-street, heard a noise of glass falling—I saw the two prisoners cross from the opposite side, towards me—I pursued them—Lee was stopped by another constable, and given over to me; taken to the station and charged with feloniously taking down a shutter, and breaking a pane of glass—Burke escaped, and was taken on the following Tuesday, by Ackrill—he was put with two others, at the station, who were a trifle taller—I was then called in by the inspector, and picked out Burke—I am quite sure he is the man.
Cross-examined by MR. ORRIDGE. Q. Did the man who you call Burke, run first? A. Yes; I was about five yards behind Lee, and seven yards behind Burke—the other two men, who were in the cell, were not charged—I did not hear who they were—it was 1 o'clock in the morning when Lee was apprehended—I sprang my rattle, pursued them, and called out "Police!"—I was in St. Andrew's-street, six yards off—I mean to say they did not begin running till I was within six yards of them—the shutter was
down, and the glass broken—I walked up very quietly; not on tip toe—I saw the shutter bar pulled out by Lee—I was fourteen yards off when that happened—I have not measured the distance; I have judged it—I had been on the beat since 10 o'clock—no other shops were open—it is in Broad-street—one man I got hold of very quickly, and the other got away—I called Mr. Spooner up.
WILLIAN ACKRILL (Policeman, F 48.) On 3d December, Bull gave me a description; in consequence of which I took Burke on 8th December, in the middle of the day—I told him I should take him for springing a shutter bar, with a man named Lee—he said that he knew nothing about it—I took him to Bow-street station, put him among others, and Bull picked him out. Witness for the Defence.
ANN BULLEN . I live at 7, Clement's-lane, Temple-bar—I remember Wednesday, 3d December, the night the burglary is said to have taken place—I remember Burke being taken in custody by Ackrill—I went to Bow-street as a witness for him—he lives in the house where I do; on the first floor—I let him in about half-past 11 on this night—he was up in the room, and I went to get a candle—on my return he was in the room; he had his supper, and I had it with him—he went to bed at about 12 o'clock—I remained till past 1—he did not leave the house—he went to bed, and at 1 or half-past, I went up stairs, to the second floor—I did not hear him go out, and he could not have, for the landlady fastened the doors, and all were in very early.
Cross-examined by MR. TAYLOR. Q. What night was it? A. It was on a Wednesday night; I cannot exactly say the date—I live on the second floor—I am very often in the room where Burke lives; I am not about the streets with him—the landlady is not here; she has business to attend to—she locked up the house; she locks it up every night—I have known Burke for the last twelve months—I am never out late at night; I am in doors by 10 o'clock—I do not know the prisoner Gordon, and I do not think he knows me—I got in about 10 o'clock that night; I am always in after 9 o'clock, and sometimes by 9; between 9 and 10—I had no particular reason for noticing Burke that night, but I happened to be in his room—I am in there every night.
MR. ORRIDGE. Q. IS it a high house? A. Three stories high—I should have heard if anybody had gone out; we should have heard the street-door open.
COURT. Q. Does anybody live in the room with Burke? A. A young woman, and I am in the room because I know her.
BURKE.— NOT GUILTY .
LEE.**— GUILTY of the attempt — Confined Eighteen Months.
MR. ORRIDGE conducted the Prosecution.
ABRAHAM LION SANISCOVSKY . I am a merchant, at 56, St. Mary-axe—about half past 6 on the evening of 20th November, I was going to post a letter—there was a stoppage in Lombard-street from an omnibus and some carriages—the prisoner came up, took my watch, and broke it off from the chain—I saw him do it, but the omnibus prevented my getting hold of him
—I saw it in his hand, and saw him twist it off—I said, "You have got my watch!"—ho ran away; I ran after him, and cried, "Stop thief!"—he was stopped about twenty yards off by a gentleman, but the watch was gone—I am sure he is the man; I never lost sight of him.
Cross-examined by MR. R N. PHILIPPS. Q. What time was it? A. Half-past 6—there were more than fifty people in the crowd, but the crowd was after this—there was only the prisoner when he was before me and took the watch; there was only he and I to pass the omnibus, and he seemed as if he wanted to pass before me—I had never seen him before—I saw him take it—I spoke to him, and said, "You have got my watch"—I am not in the habit of looking at every person who passes before me, but when they take my watch I do—I had felt it in my pocket not a moment before seeing it in his hand—the omnibus prevented my laying hold of him—I did not seize him, because I could not get over the horses—I gave him in custody—he had gone twenty yards.
ROBERT JOSEPH NEWSTEAD . I am an accountant, of 16, Gresham-street—I heard a cry of "Stop thief!" and saw the prisoner running, followed by several persons—I caught him and held him—the prosecutor came up and charged him with stealing his watch.
WILLIAM JOHN FLINSTER (City-policeman, 511). I took the prisoner about half-past 6 of this evening—I found 6d. upon him—he gave his address, Tanner's Folly, St. George's-in-the-East—I found the place, but could not find that he lived there.
Cross-examined. Q. Is it a large place? A. There are about three dozen houses, let into lodgings—I went into a good many of them, from one house to the other, and found that he did not live there.
Confined Nine Months. There was another indictment against the prisoner.
131. And ELIZA MATTISON (14) , to stealing 2l. 7s. 6d., the property of Thomas Nunn Scarfe, her master: [Pleaded guilty: see original trial image.] Confined Seven Months, and Three Years in a Reformatory.
OLD COURT.—Wednesday, December 16th, 1863.
Before Mr. Justice Blackburn.
The Grand Jury having in this case thrown out the bill, MR. PLATT, for the Prosecution did not propose to offer any evidence upon the inquisition on the charge of murder. The prisoner was then given in charge for endeavouring to conceal the birth of the child; to which she
PLEADED GUILTY; and upon her so stating, the Jury having been charged upon the inquisition, found her Guilty of endeavouring to conceal the birth. Inspector Cross stated that upon searching the prisoner's box he found some articles of clothing prepared for the child.—Judgment respited.
Wellclose-square, Whitechapel, about 10 o'clock I saw the deceased, Thomas Bunn, there with his wife—I was near the end of the hall, and he was next to me—I arrived when he was in the act of leaving the hall, and the waiter was offering him some refreshment; he would have to pass by the front of the stage to go out—the prisoner was then on the stage singing a sentimental song; he had been singing a comic song previously; it was the second encore, I think—when the deceased arrived at the corner of the stage he uplifted his hand and said to the prisoner, "Shut up"—he then moved on till he arrived in the centre of the stage, facing the prisoner, and again said, "Shut up, we have had enough of that"—the prisoner had an old felt hat in his hand, with which he had been singing, and he threw it; it struck the deceased at the side of the head—thereupon the deceased turned round and made an observation; I did not hear it, on account of the confusion from the singer throwing his hat; a number of people rose at the time—the observation was directed to the prisoner—upon that the prisoner jumped from the stage and struck the deceased twice about the neck and shoulders—I could not exactly tell which, I could not see the exact position.
Cross-examined by MR. SLEIGH. Q. Were there a good many people there? A. Yes; the hall was crowded—it is a very large hall; it will hold, I believe, about 1,200 or 1,300 people—it was a benefit night for a charitable purpose, and I was on the committee—I have been to the hall before; I believe it is a well-conducted, place—I had heard the defendant sing there previously—there was nothing whatever offensive in the song he was singing; quite the contrary—it was called, "God bless the honest working man"—the hat that was thrown by the prisoner was an old felt hat—the deceased said, "Shut up," in a very offensive and annoying way; nearly every person in the hall could hear it—I only heard him say it twice before the defendant got off the stage—he made some other observation, which I should think was offensively directed to the prisoner, the purport of which I could not hear—the moment he struck the deceased he leaped on the stage again and said, although he was a professional singer, it was very hard to stand in the position he did and be insulted, but he was sorry he had so far forgotten himself as to jump off the stage; that was before it could be known that he had done the man any injury.
MR. DALEY. Q. Did you see the deceased fall after the blows? A. He did fall, but where he fell, I could not say, on account of the number of people that were around.
ROBERT SPURNELL . I live at 214, Whitechapel-road, and am assistant to Mr. James Davy, a tobacconist there—I was at Wilton's music-hall on this night, and saw the deceased there with his wife—I did not see him get up to leave, but I saw him coming out of the hall in front of the stage—I heard him call out, "Shut up," twice—at that time the prisoner was singing a song—the deceased addressed the observation to him—the prisoner threw his hat at him first—I think it was one of those felt hats they usually sing these songs with—the hat struck him; the prisoner then jumped off the stage, and struck the deceased twice at the back, of the head—I saw him fall backwards—I did not see where he fell—I saw him afterwards—I saw that he was insensible—I could not say whether he was dead or not—I went to call Mr. Wilton—I afterwards saw the deceased sitting in a small supper-room, and saw him carried from the supper-room, through the small bar, into Mr. Wilton's bar-parlour—I did not see any more of him—I saw him sitting in the supper-room, I should think, three or four minutes after the blows had been struck—he was not sensible then.
Cross-examined. Q. Did you see him fall? A. I saw him stagger—I know he had been drinking, because I saw him a little time before—before he said, "Shut up," he had insulted me, and I noticed that he was intoxicated—he pushed me against the seat—that called my attention more particularly to him; he was a man that would make two of me, sixteen or eighteen stone—I got out of his way to give him room, because he was creating a disturbance, before this matter occurred at all—I was not more than four yards from him when he fell—he had to pass along immediately in front of the foot-lights—there are chairs and seats in front, where the people sit; but there is a thoroughfare between the seats and the stage—I could not say that the deceased turned round after he received the blows, before he fell; from what I know of the place, I should say that he might have fallen against something—I can't speak positively, but on other evenings when I have been there, there have been a great many chairs sometimes, and I should think, from being a benefit evening, there were chairs there, and possibly he might have fallen against them.
JAMES SEQUIRA . I am a surgeon at 48, Manser-street, Whitechapel—on the night of 25th November, shortly after 11 at night, I was called to see the deceased at his own room in St. Mark's-street—he was then dead—I should suppose he had been dead about half an hour—I made a slight examination at that time—there were no external marks of violence on him, with the exception of a little puffiness at the back of the head—I did not observe any bruise—it was such a puffiness as might have arisen from a blow—on the Friday morning I made a post-mortem examination—on removing the scalp, there was a large patch of extravasated blood at the back of the head on the right side, behind the left ear, and a similar one on the left side, also at the back of the head; on opening into, the skull, a large quantity of blood escaped—the cause of death was extravasation of blood on the brain; that was the result of violence, either a blow or blows, or a fall or falls, at the back part of the head.
Cross-examined. Q. Probably you have not had reference to the size of the man? A. He was rather over the ordinary size; he was what is called a North Sea pilot, I am told—death could not have been the result of apoplexy in this individual instance—the internal appearances corresponded with the external—assuming that I had heard nothing of these facts, and that he had received violent blows a few hours previously, so as to cause blood to ooze from his ears, the post-mortem appearances would not have been entirely consistent with that state of things, but nearly so—I made the post-mortem examination some time after death, and hemorrhage must have been taking place during all that time—had I found this extravasation of blood, and no blows received at a later period than three or four hours previously, I must have ascribed it to that—I find but little variation in the appearances from death by extravasation; there may be some—in this case there was blood around the medulla oblongata, the commencement of the spinal column—immediately on the suspension of that, life would cease, because that is perhaps the most vital part of the human frame—if effusion commenced between 6 and 7 o'clock, it would depend upon where it commenced, whether it produced increased pressure on the medulla oblongata— it would do so if the effusion was on the base of the cerebellum—immediately there is the slightest pressure on the medulla oblongata insensibility would ensue, and death almost directly after—there was nothing in my examination to indicate that the pressure of blood on the spine might not
have commenced some hours after the blow which produced it, and gradually gone on to the moment of death.
COURT. Q. Looking merely at the appearances on the post-mortem examination, you attribute the death to the blood flowing into the skull, and on to the spinal cord? A. Yes; that might be a slight oozing originally, continuing for some time—the moment it came on to the spinal cord, it would produce insensibility—I believe there would be no difference in the appearances, whether the blood oozed gradually or came suddenly—there was nothing to indicate whether the blood had been coring into the skull for some time before it reached the spinal cord, and there was nothing to indicate that it came there suddenly—as far as that goes, it might be possible that the violence which produced the extravasation was some time before the death, that is presuming I am to know nothing about the evidence.
MR. SLEIGH called the following witnesses for the Defence.
FREDERICK SMITH . I am a waiter at the Three Tuns, Jewry-street, Aldgate—on 25th November, about half-past 3 or 4 in the afternoon—I saw the deceased at our house—he stayed there an hour, or an hour and a half, perhaps—he was in an out all the afternoon from 2 till 4—he took things in the house once or twice—he had been drinking when he came—he kicked up a piece of work with a Mr. Bonter, a foreigner, in the parlour—he insulted him, and called him a rogue, and some very bad names, and wanted to fight—Mr. Bonter did not speak to him at first, but when he kept calling him bad names, he was obliged to get up—he put his hand on the deceased's shoulder, and said, "Don't call me a rogue and a thief," and the deceased then fell down, and I picked him up—he was very tipsy indeed—he fell over a chair, and fell on to the floor—we persuaded him to go out of the parlour—Mr. Bonter did not strike him; he merely put his hand on his shoulder, and by the force of that he fell over the chair—I got him out of the parlour as quickly as I could—I saw some blood running down his neck, by the right ear—my master sent me for a policeman—he was in the parlour at at the time.
Cross-examined. Q. What did the deceased drink at your house? A. Some half-and-half—he had two or three pints—he was treating some persons there—he had just come off from a voyage the night before, and was very free with his money—when he first came in he was as drunk as I ever saw any one—while I was gone for a policeman the deceased put on his jacket and came out of the parlour in front of the bar, and walked away quietly—he was alone—I was not at the Police-court—I read the account in the papers, but it had nothing to do with me; it was talked about in the parlour, and I was asked to come here one day last week—the prisoner is a stranger to me—I never saw him before, and know nothing about him.
LAURENT MONTEBRUNO . I am landlord of the Three Tuns—I remember the deceased coming to my house on the afternoon in question—Mr. Bonter was in the parlour, with a sea-captain and a little boy—as soon as the deceased saw Mr. Bonter, he called him a vagabond, and a thief, and other bad names—I told him I wanted no quarrel in my parlour—Mr. Bonter said, "I want to know what for you call me thief"—the deceased said, "Because you are going to Mr. Sirano," and he wanted to fight him—I said I did not want any fighting in my house; if he wanted to fight he must go outside—the deceased began again, took his coat off, and wanted to fight in the parlour—I told George to go for a policeman to take him out,
and while he was gone the deceased put on his coat, and went out in front of the bar and had some more drink—he was quite tipsy—Mr. Bonter did not lay hold of him, he put his hand on him, and sat him down in the chair—he could hardly stand on his legs—I was in the parlour all the time—I did not see George pick him up from the floor—I did not observe anything the matter with the deceased's head when he went out—I saw no blood.
NICHOLAS BONTER . I am an agent—I was at the Three Tuns on this afternoon with a friend of mine, a captain—after I had been there some time the deceased earn? in, and began to call me a thief, and vagabond, and other things—I said nothing to him the first three or four times—I then asked him what his object was in calling me such names—he wanted to fight me, and I put him down in the chair—I saw no blood about him—he did not fall on the floor.
GUILTY.—Strongly recommended to mercy by the Jury, the blows being given under very great provocation. The wife of the deceased joined in the recommendation to mercy. — Confined a Fortnight.
GUILTY .— Five Years' Penal Servitude.
NEW COURT.—Wednesday, December 16th, 1863.
Before Mr. Justice Keating.
135. ROBERT WARD (40) , Feloniously and unlawfully, by force and fraud, enticing away and detaining Emily Clough, a child under the age of fourteen years, with intent to deprive her mother of the possession of her.
MESSRS. SLEIGH and COLLINS conducted the Prosecution. MR. LEWIS, for the Defence, contended that there was no evidence of any false pretence made by the prisoner to induce the girl to come and live with him, and there was no force used, as she stated that she went willingly; and further, that the subsequent locking her into his room was not the force implied by the Statute. THE COURT considered that as there was some evidence of unlawfully detaining her by locking her into the room, the case must go the Jury.
NOT GUILTY .
MR. COLLINS conducted the Prosecution. MR. LEWIS, for the Defence, contended, first, that as the prisoner had only consented to receive the girl when she sought admittance to his room, that would not amount to taking her out of her mothers possession; secondly, that in the case of Reg. v. Mantlelow it was held that the taking must be a permanent one, that is, with an intention permanently to deprive the parent of her possession; and in the case of Reg. v. Downes (Sessions Papers, vol. li. p. 396), which was reserved for the Court of Criminal Appeal, the Judges differing in opinion, the case had never been re-argued; thirdly, that in the case of Reg. v Timms (See Sessions Papers, vol. lii. p. 600,) the prisoner took the girl out of her parent's possession, she being a virgin, and slept with her two or three times, whereas in this case the girl was not a virgin, as she had had connexion with the prisoner twice before; that the case was the same as taking a handkerchief out of a person's pocket, which was not a felony unless done intending to deprive the owner of it permanently; and lastly, assuming the girl's statement to be untrue, and that she had previously slept with somebody else, she had reduced herself to a state in which there could be no taking her away. THE COURT considered that the case must go to the Jury.
GUILTY .— Confined Twelve Months.
137. ROBERT WARD was again indicted for indecently assaulting Agnes Borton. Second Count, for the abduction of the said Agnes Borton, she being unmarried, and under the age of sixteen, namely, thirteen years and eight months. MR. SLEIGH conducted the Prosecution, and MR. LEWIS the Defence. It appearing from the evidence that the girl wan a consenting party, and being over twelve years of age legally capable of consenting, the COORT directed a verdict of
NOT GUILTY .
138. ROBERT WARD was again indicted for feloniously and unlawfully, by force and fraud, taking away and detaining the said Agnes Borton, a girl under the age of fourteen years, with intent to deprive her mother of the possession of her; upon which MR. SLEIGH offered no evidence.
NOT GUILTY .
THOMAS BROWN . I am a grocer, at Maryland-point, Stratford—on Thursday, 10th December, about 6 o'clock, my attention was called to the fact of three or four boys having walked away from my shop with a box—I looked round, and missed a box containing 13lbs. of Sultana raisins which had been just inside the door—I pursued them, and overtook the prisoner about two hundred yards off—I think there were two others with him, but it was dark—he dropped the box and ran across the road—I told a boy to pick it up, ran after the prisoner, and saw him taken, on the pavement—I gave him in custody—he said, "I did not steal it, but had it given to me"—this is my box (produced)—it was safe just before.
MONTAGUE SANDERS. I live in Stratford—I was near Mr. Brown's on the evening of 10th December, and saw the prisoner and two or three more boys looking in at the window—they all walked off, and I saw a box in one of their hands—I told Mr. Brown; he came out, and we ran after them—I heard the box drop—the prisoner was then running across the road—I ran after him, and saw a man atop him.
The prisoner's statement before the Magistrate:—" On coming home I met four boys; one of them offered me this box. He put it in my hands; I put it down and ran away. That is all I have to say." The prisoner received a good character.
GUILTY .— Confined Four Months.
PLEADED GUILTY to stealing 2 hats, 2 shawls, 50 yards of linsey, and other articles, the property of Henry Beesley. MR. TAYLOR, for the Prosecution, stated that the Prosecutor did not wish to press for a heavy punishment.— Confined Twelve Months.
141. JOHN LOVE (23) , Burglariously breaking and entering the dwelling-house of Thomas Benger, and stealing therein 1 watch and guard, 2 pairs of boots, 1 pistol, and other articles, and 4s. in money, his property.
MR. CODD conducted the Prosecution.
THOMAS BENGER . I keep the Little Wonder beer shop, Francis-street, Victoria-road, in the parish of West Ham—on 20th August, I went to bed about 11 o'clock and saw the house safe—I came down about 7 next morning,
and found it had been broken into—they had made an entrance through the back window, by breaking a pane of glass and putting their hand through and pulling the trigger back—I missed 1l. 15s. from my pocket, two keys, a gold watch, and a silver chain, which was up stairs on the table, a handkerchief, some shirts, three pounds of tobacco, and a pistol—I next saw the pistol at the police-station, Waltham Abbey, in the beginning of November—this is it (produced)—I also missed two sticks, which I have not seen since—I have seen the prisoner at my house, but cannot exactly say how long before the burglary.
Prisoner. Q. Can you name any person who was present when I was at your house? A. No; but I have seen you there—I have had the pistol eight years, and am sure it is mine.
WILLIAM LAW . I am a machinist, and live at Enfield lock—on 2d November, I was at the Green Man beer shop about 9 o'clock, and saw the prisoner and three others sitting on the left-hand side of the taproom door I heard something drop under where the prisoner sat—Cooper, a policeman, called for a light, and examined the prisoner's seat, under which he picked up this pistol and gimlet—he was then charged with committing a burglary, at the Rev. Mr. Blake's, with three others—they all said they knew nothing about it—a rush was made to the door, and the prisoner and two others escaped—one was taken in custody—it was just before the rush that I heard these things drop.
Prisoner. Q. Do you say that I rushed to the door? A. Yes; with a quart pot in your hand—you did not keep your seat when the others rushed to the door—you were the second man that rushed to the door, the tall man was the first—I stood close by the constable—there was a table on each side, and I stood between them—one table was behind me—I had my face towards you—you were sitting on the corner of the table behind the door—I saw the constable pick up the pistol; I stood close by him—I saw it in his hand the moment he picked it up—I saw him stoop down and bring it up in his hand from just under where you sat—there was about four feet between the two tables—the room is perhaps ten feet wide—there is a form right round it—the tables are not three feet wide—one may be two feet six, and the other less—the policeman did not crawl under the table, he reached between the table and the form.
ROBERT ASHTON . I am a labourer living near Chingford—I was at the Green Man on 2d November about 7 o'clock, and saw the prisoner and three others sitting there—Cooper and Kirby, the constables, came in, and said they should apprehend them for a burglary at the Rev. Mr. Blake's—Kirby spoke to a tall man named Butcher, and the prisoner got up and wanted to go out—Cooper said, "No, you shall not go out of here, give me the stick"—he said, "No; if you can take it from me you may"—I then heard something drop down against the prisoner's feet, and saw Cooper pick it up—he said, "Look out, here is a pistol"—he also picked up a candle—the prisoner was standing on the left side of the door.
Prisoner. Q. How many of us were present? A. Seven, and we four made eleven—a butcher was first charged—Kirby asked you your names—I was having a game at dominoes, amusing myself, and when the constables came in I left off—you were in one corner and I in the other—there was not a form between the two tables—there was a form there, but you got off it as soon as the policemen came in—I was not sitting on it—I was sitting next to the window, about four feet from you—there were two candles in the room, and you put one up on the mantel Q. If that you should not be seen—the other
was on the table—I saw where the pistol was picked up—I heard it drop—I saw it at your feet, and the policeman took a candle and found it—there was no candle on the table where you were sitting, but there was where we were sitting—Cooper took the candle from us and lighted the ground underneath the table.
RICHARD COOPER (Policeman, M 420). On 2d December, about five minutes to 9, I went to the Green Man at Chingford—I saw Ashton—I went into the taproom—I saw the prisoner in company with three others—I heard Kirby tell them he should apprehend the four of them for a burglary at the Rev. Mr. Blake's—they said they knew nothing about it—he said, "I shall take you"—in a minute or two I heard something drop—I looked on the ground and picked up a candle wrapped up in paper—I asked for a candle, which was given to me, looked under the seat, picked up a pistol, and a gimlet between the prisoner's legs—they made a rush to the door, and the prisoner and two others escaped—one was apprehended—I picked up a dark lantern and a jemmy in the room.
Prisoner. This happened on 2d November and you gave no evidence till 8th December. Witness. They merely took evidence enough to justify a remand, so that I was not examined.
Prisoners Defence. None of the people could identify me. I was there two weeks before, and they said nothing. The policeman was not there when I was taken, but he came on 21st and gave evidence that was quite contrary to what they gave on 8th. They contradicted one another in everything they said. I never had the pistol in my possession—none of the witnesses say that they saw it in my possession, or saw me drop it. A candle on a table is not like gas which illuminates a room all over.
GUILTY . of receiving— Confined Twelve Months. There were two other indictments against the prisoner.
Before Mr. Recorder.
Confined Twelve Months.
MR. NICHOLSON conducted the Prosecution.
EDWARD WILLIAMS . I reside at 2, Thames-street, Greenwich, and am in the employ of Mr. Walton—on Friday, 13th November, I was employed at Collier's-wharf, loading coals—I saw three pieces of lead lying in a shed there—I have since seen two pieces in the hands of the police—I saw them fitted, and they corresponded with what was left in the gutter—there was some coal-dust on them.
Cross-examined by MR. COLLINS (for Standing). Q. What sort of a shed is this? A. A small coal-shed—the lead taken away was about twenty feet six inches long—the piece that was left. I should say, was five or ten feet long.
and told me I was wanted outside, there was a man with some lead—I said, "All right, I will be at the other place in a minute"—I served a customer and then went to the other place, and saw Seymour sitting on the handles of a barrow with some lead on it—I took one piece of the lead off the barrow and put it on the scale—I was looking at it and a police-constable came up—I did not notice that there was any coal-dust on the lead—I had never seen the prisoners before that.
Cross-examined by MR. COLLINS. Q. I suppose it was not very light at 7 o'clock? A. No—Standing was not long in my shop—he only said I was wanted outside—I have two shops in that street—I can't say which way Standing went, when he went out—I did not see him when I got outside—I only saw the man with the barrow.
Cross-examined by MR. BEST, (for Seymour). Q. Your shop is in a public street? A. Yes; there are plenty of passers by.
COURT. Q. When did you see Standing again? A. Not before he was in custody—I saw him at the bar with Seymour, and then I said he was the person—I was not told he was in custody, and that I was to come and see him.
JOHN MAROKTSON (Policeman, R 122). On Wednesday, 18th November, about 7 o'clock, I was on duty in South street, Greenwich, in plain clothes, and saw the prisoner Seymour wheelings barrow—I followed him—he drew it round to the second marine store-dealer's shop—I went up to him, and asked where he had brought that from, pointing to the lead—he said a man had given it to him to wheel, I think he said from Greenwich Church—I asked him who the man was—he said he was a strange man; he had never seen him before—I said, "Is there any name on the barrow?"—he said, "Look"—I took him into custody, and I asked the marine store-dealer to place on the barrow again the piece of lead which had just been removed, which was done—on the way to the station, Seymour made a rush, and got away about ten yards—as I pursued him he took hold of a little boy, and threw him against me—I ran round the boy, and he fell—I then pursued the prisoner, and overtook him—I asked him at the station if he had any account to give of the lead—and he said, "None whatever"—I apprehended Standing on the night of 20th at his own house—I told him I had come to take him in charge for being concerned with another man in custody for having a quantity of lead—he said, "I know nothing about it"—I said, "But you hired the truck of a man of the name of Swan the same evening"—he said, "Yes, I did, and if the truck had been lost I must have paid for it"—he also said, "You saw me the same night against the marine store-dealer's shop, and I spoke to you"—I said, "Yes, I saw you pass by when I was speaking to Seymour"—I then took him to the station, and he was charged with being concerned with Seymour, who was then in custody—I am quite sure that he is the man—I know them both—I have known Standing very well for years—I did see him pass by as I was speaking to Seymour, at 7 o'clock, when Seymour was setting on the string of the barrow by the marine store-dealer's shop—I did not see standing in possession of the barrow—I have seen the lead, and weighed it—the weight is one hundredweight and a quarter—I have compared it with the place where it is supposed to have come from, and it fits in length and width and every respect—to the best of my knowledge it is the piece that came off there—there was also on the lead, when I took it off the barrow, some fine coals which were wet at that time, but which have since dried and fallen off.
Cross-examined by MR. COLLINS. Q. When did you see the lead first? A. At 7 o'clock on the night of the 18th—the whole of it was there then, one
piece on the barrow, and one piece on the scale—the length of the two was thirteen feet each, and I think twenty-five inches wide—it) was rolled up as it is now—I have it here (produced)—we unrolled it to fit it—I cannot say whether Standing spoke to me or not when he passed—I have no recollection of his speaking—I did not see him go into the marine store-shop, or come out—I saw the lead before the marine store-dealer came and weighed it.
Cross-examined by MR. BEST. Q. Did you not see it travel all up the street? A. No—I was out on special duty, and walking sharp, and just as I was passing by the shop I saw the barrow being pushed from the shop-door round a van to the other shop—I can't say whether Seymour saw me then—there were a lot of people there.
PETER SWAN . I am a costermonger, residing at 4, Pilgrim-place, Greenwich—on 18th November, Standing came to me to borrow a barrow—I next saw it at the police-station on the Thursday-afternoon—he borrowed it about twenty minutes before 7.
Cross-examined by MR. COLLINS. Q. Has he' ever hired barrows of you before? A. Never—I did not know him.
JOHN CHARLES WALTON . I am proprietor of the wharf where this lead was stolen from—I have seen the lead here—all I know is that I have lost a certain quantity of lead off one of my warehouses—I can't tell when it was safe.
FRANCES ATKINS . I know Standing—I don't know much of the other—I have seen him before—I saw them both previous to this robbery at Mr. Standing's house—I did not hear any conversation that took place—I have not at any time, either before or since, heard any conversation between them—I have seen them together there—I live in the same house with Standing, and I have seen Seymour therewith him—I last saw them together on the Wednesday that Seymour was taken, about half-past 6 o'clock—Seymour came to Mr. Standing's house—they did not do anything that I saw—they went together.
Cross-examined by MR. COLLINS. Q. Are you sure they went out together? A. Yes—it was as nearly as possible half-past 6—I heard no conversation at all that day—Seymour had not been in the house many minutes before he went out—I heard something about hiring a truck—I heard nothing at all about borrowing a truck—they were in the front-room down stairs—Seymour asked Standing if be would go and hire a truck for him, and Standing Raid he might as well go and get it himself, as he knew where the man lived better than he did—nothing at all was said about lead—he did not say what he he wanted the truck for.
Cross-examined by MR. BEST. Q. Did you give your evidence before the Magistrate at Greenwich? A. Yes—Margetson, the policeman, came to me about this case—that was after Standing had been taken into custody—I am living in the same house as a lodger—I see him every day—I don't think the policeman came to me till after I had been to the Greenwich Court—I went there with Mrs. Standing—I did not give my evidence the first time—I saw Margetson there—I did not have a conversation with him—I am sure of that—when he came to me afterwards he only said I should be wanted to come up—nothing more passed, and I went up—Mrs. Standing and I did not talk the matter over before I went up—I was with Mm Standing when she made a statement to Sergeant King, which I heard—that was the same as I have said—that was the first time I recollected anything about this conversation; that brought it to my recollection.
COURT. Q. How was it you told us when you were first asked to-day
about the conversation about the truck that you had not heard any converversation? A. Not about borrowing a truck.
JAMES MAROETSON (re-examined). The distance from the place where the lead was stolen to the marine store-dealer's shop is as nearly as possible a mile—it is about two minutes walk from the place where the truck was hired, and about two minute's walk from each of the prisoner's houses.
STANDING— GUILTY .— Confined Three Month.
SEYMOUR— GUILTY .— Confined Six Months.
Before Mr. Common Serjeant.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
ANN HEATH . I am the wife of George Heath, a greengrocer—on 3d December I washed out two sacks of his, and hung them on some sharp-pointed palings to dry, about two yards and a quarter from the window—they were worth about 1s. 10d. each—the house is by the roadside, near Bushy-green, Le wish am—I missed one sack—I saw it safe about half-past 2 in the afternoon, and the policeman brought it to me about half-past 3.
JAMES BEER (Policeman, R 95). On 3d December, about 3 o'clock, I saw the prisoners at Bushy-green—Newing left Clark, and went down a little lane at the corner of the heath; he returned to Clark, and they entered into conversation, separated again, and Newing went in one direction and Clark in the other—Newing went and lounged on the palings where two sacks were hanging, and in about a minute and a half he took one sack off—Clark was then standing by an elm-tree about twenty yards off, apparently watching him—Newing held the sack up and gave it to Clark, who held it until I took him—I took him to the station, left him there, and pursued, Newing about half a mile, took him to the station, and charged them both with stealing the sack—they denied all knowledge of each other—the prosecutor's name is on the sack.
Newing's Defence. I met Clark in Lewisham. We saw the sack lying in the roadway; I picked it up, and said, "Here is a sack! I expect it belongs to some waggon, as the wind is very high; I do not want it." He said, "Give it to me." I did so, and left him.
Clark's Defence. This man picked up the sack and gave it to me; he said he thought it had blown off a cart I said, "We shall find an owner for it," and the policeman took us. I have three good characters from places where I have worked. I told the policeman to go after them, but he would not; if they had been bad characters, I dare say he would have gone.
GUILTY .— Confined Two Months each.
Before Mr. Justice Blackburn.
PLEADED GUILTY .— DEATH .
Before Mr. Common Serjeant.
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
CHAKLES LICENSE . I keep a chandler's shop at 38, Charles-street, Waterloo-road—on 7th December, a woman came for some tea and sugar, which came to 2d.,—she gave me a florin; I put it in the till, gave her the change, and she left—there was no other florin there—in half an hour afterwards the prisoner came for a halfpenny worth of mustard, and change for a florin; I gave her the change, and put the florin in the till—while I was giving her the change, the person who had passed the first florin, came to the door and called out to the prisoner that she was wanted immediately, on which she left with the change—shortly afterwards, the other woman came again for some plums and currants, which came to 4 1/2 d.—she gave me another florin; I gave her the change, and she went away—I put that into the till with the other two—a little while after, she came again for some tea and other little things, coming to 4 1/2 d. and gave me a fourth florin—I began to suspect, and said it was a bad one—she said she would go and call William, or somebody—she went out, and I have never seen her since—I then looked at the other three florins, and found they were all bad—I took them to the station and gave them to the policeman—about half an hour afterwards, the prisoner came again for some tea and sugar; I recognised her in a moment, and sent a girl for a policeman—the prisoner gave me a shilling, I put it between my teeth, found it was bad, and before it had passed out of my hand, I gave it to the policeman—I gave the prisoner in charge.
Prisoner. I was very drunk. Witness. You had been drinking.
GUILTY .*— Confined Twelve Months.
The following prisoners
PLEADED GUILTY to like offences.—
ADJOURNED TO MONDAY, JANUARY 4TH, 1864.