CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 4TH, 1864.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 4th, 1864, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; Sir SAMUEL MARTIN , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JOHN MELLOR, Knt. one of the Justices of Her Majesty's Court of Queen's Bench; Sir ROBERT WALTER CARDEN, Knt.; THOMAS SIDNEY, Esq.; Aldermen of the City of London; RUSSELL GURNEY, Esq., Q.C. Recorder of the said City; THOMAS GABRIEL, Esq.; JAMES ABBISS, Esq.; SILLS JOHN GIBBONS, Esq.; ANDREW LUSK, 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.
JOHN WILSON NICHOLSON, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
LAWRENCE, MAYOR. THIRD 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, January 4th, 1864
Before Mr. Recorder.
MR. KEMP conducted the Prosecution.
JAMES HANN (City-policeman, 94). On the evening of 17th December, about 8 o'clock, I saw the prisoner leave Mr. Suttaby's premises—I noticed a small parcel in his hand—I followed him into Fleet-street, stopped him, and told him I believed he had got some property belonging to his master, some books—he said, "No, I have not"—I said "Are you quite sure that you have not?"—he said, "Yes; I have no books at all about me"—I then took him back to his master's warehouse and searched him, and in his right-hand coat-pocket I found this Bible; there is no private mark in it—he gave his address, 36, Nelson-square, Blackfriars-road—I went there, and searched the premises, and found eighty other books, consisting principally of Bibles, Church-services, and Prayer-books—I had no conversation with the prisoner about those books; I spoke to him about the one found in his possession, and asked how he accounted for it—he said he was going to take it to show it to a lady.
Cross-examined by MR. SLEIGH (with MR. LLOYD). Q. Did he not say he was going to show the binding to his wife? A. No—some of these books were locked up in a box, and some were about the room.
FRANCIS ARTHUR SUTTABY . I am nephew to Mr. Suttaby, and am engaged in his business—the prisoner was not authorized to remove any books from the premises—this Bible is our property—a short time ago, I saw a book in the prisoner's drawer; I marked it; it ought not to have been there; it was subsequently found at his lodging among the others—I have looked at all the books—they are Mr. Suttaby's property.
Cross-examined. Q. Had the prisoner been seven years in Mr. Suttaby's employment? A. About that time—he is married—I don't know that he occasionally took home books and returned them afterwards—I have had no conversation with him about the binding of these books—I did not know that his wife was learning the bookbinding; I do not know it now—I was never at his lodging till I went there with the detective—the books are not all Bibles and Prayer-books, some are poets and authors.
ARTHUR SUTTABY . I am a bookseller—the prisoner was never authorized by me to take any books from my premises—I did not know of his doing so until it was discovered in this manner—he was not authorized to take away any of these books—the prisoner did not purchase any of these books of me, to my knowledge—I never received any money for them.
The prisoner's statement before the Magistrate:—"Some of the books I took home to read, and the others I took as specimens of our style of binding and workmanship, intending to take them back again."
The prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury on account of his character. — Confined Eighteen Months.—There was another indictment against the prisoner.
MR. COLLINS conducted the Prosecution.
WILLIAM GREGORY . I am assistant to Mr. James Henry Stewart, jeweller and optician, 406, Strand—on 30th November I fastened up the house about 11 o'clock—I saw to the whole of the astenings—between 3 and 4 in the morning of 1st December, my wife and I were awoke by a strange kind of noise; I got out of bed to go to the window, but before I could open it I heard some glass fall in the yard below—I opened the window, looked out, and saw a man going over a wall which separates the back of our house from the back of the first house in Bull Inn-court—the entrance to the court is two doors from our house—my wife sprang a rattle while I was dressing myself, and some constables came and appeared at the window from which the prisoner got out—I let them in, and we examined the back parlour window—the puttey had been carefully removed, the window broken, and the hasp pushed back—later in the morning I searched the window, and, on the sill found a couple of chisels, which I produce, also some paste in a piece of paper—I saw the broken pieces of glass scattered about.
Cross-examined by MR. DALEY. Q. Did you find anything else besides the chisels? A. A piece of string—the wall that I saw the man climbing over is at the side of the house, on my left as I looked out of the window—that was all I saw.
GEORGE LIGHTFOOT (Policeman, F 16). On the morning of 1st December, about a quarter past 3, I was on duty in Bull Inn-court, Strand, about six or seven yards from the prosecutor's house—I heard a scuffling noise in the house, 15, Bull Inn-court—I said, "Who's there?"—I received no answer—in a minute or so the door came open about a few inches and was slammed again—I said, "Come out, whoever you are there," and directly the door flew open, and the prisoner, with another man not in custody, rushed from the house into the Strand—I pursued the prisoner, calling "Stop thief!"—he turned towards Temple-bar—I pursued him till near Wellington-street, and after I had turned him some distance, nearly half-way back to the house again, I caught him; I should think I had run nearly half a mile—when I caught him, he said, "What are you going to do with me now?"—I said, "I am going to take you to the police-station," and I did so—I then went back to Bull Inn-court, and in the passage of No. 15, close by where the prisoner came from, I found this dark-lantern, and this rope very ingeniously tied together for the purpose of letting a person down—I then went to Mr. Stewart's house, 406, Strand, and saw last witness—when I returned to the station, I searched the prisoner, and found on him this knife, these two keys, and this handkerchief stained with blood—
the prisoner's fingers were out and bleeding—he was wearing this waistcoat (produced)—there are three buttons missing from it; they are common buttons—about half-past 9, I searched the top of the water-closet on the wall leading over into 406, Strand, and found, these two buttons, which exactly correspond with those on the prisoner's waistcoat—they are exactly the same description—the house, 15, Bull Inn-court, is divided by a wall from the prosecutor's premises—the house in Bull Inn-court is occupied by lodgers, who go in and out at any time of night—it would be possible for a man who broke the window of the prosecutor's house to get over the wall to the back of 15, Bull Inn-court, and then to get out from there.
Cross-examined. Q. Had the house, No. 15, been broken into? A. I can't say that it had;. there were no marks of violence on it—when the two men rushed out, the other man ran towards Charing-cross—I did not lose sight of the prisoner at all before I caught him—he ran from the court as far as Wellington-street; I shot past him there, and then he turned back again, nearly to Beaufort-buildings, and I caught him by Fountain-court—that is about one hundred and fifty yards from Wellington-street—there were not many persons about—he had been running perhaps five or six minutes—I am quite sure I did not lose sight of him—I did not search the prosecutor's house, because there were constables there before I got back; they had heard the rattle sprung by the prosecutor's wife—I said nothing to the prisoner about the buttons at that time, I did next morning before he went before the Magistrate—I pointed out to him that some were missing, and said, "These buttons that I have found exactly correspond with the buttons on your waistcoat"—he made no reply.
GEORGE FLOYD (Policeman, F 19). On the morning of 1st December, between 2 and 3 o'clock, I was on duty in the Strand, and heard a rattle spring from the second floor of 406, Strand—I ran up Bull Inn-court, and went into the first house, No. 15—I went through there, and saw this board laid from the kitchen stairs on to the window-sill which leads up to the top of the water-closet—I found this centre-bit, two gimlets, a jemmy, and likewise this piece of iron, on the top of the water-closet leading to the back of 406, Strand—I also found this bag—I saw two holes in the top of the water-closet, and this board was suspended from the water-closet into the premises of 406, Strand, level with the parlour window, which was broken.
JOHN WEST (Police-inspector, F). I was on duty at the police-station on the morning of 1st December when the prisoner was brought in—I noticed that his fingers were cut and bleeding—later in the morning I examined the premises, 406, Strand—I saw two holes made through the top of the water-closet—I fitted the centre-bit produced to the holes, and it fitted them—I afterwards went into 406, Strand, and in the back parlour window I saw a pane of glass broken, big enough to admit a man's hand, and the catch of the window was unfastened—I also saw marks of blood on the shutters inside—I saw some paste on the pane of glass that was broken; that was to prevent any noise being made, to prevent the glass falling—I looked at the bottom of the window, and saw a mark; I compared the chisel with it, and it fitted it—I have looked at the door of 15, Bull Inn-court; it had a very temporary fastening, easily opened—with the assistance of this rope and board, a person could get from the broken window over the wall into Bull Inn-court.
Cross-examined. Q. What time was it that you saw this man at the
station? A. About 3 o'clock in the morning, or a little after—I did not say anything to him about his finger, no question was asked—he was wiping his hand with his handkerchief.
GUILTY .— Six Years' Penal Servitude.
MR. LILLEY conducted the Prosecution.
MICHAEL HAYDON . I am a detective-officer of the City police—about 4 o'clock on the afternoon of 23d December, I was in Leadenhall-street, and saw the prisoner—I saw him put his hand into the prosecutrix's pocket, and shortly after withdraw it closed, with a piece of paper in it—I saw the piece of paper—he tore it up, and threw the pieces on the pavement—I then spoke to the lady, and from what she said to me I picked up the pieces of paper—these are the pieces, pasted together—the prisoner left Leadenhall-street—I remained about there a quarter of an hour or twenty minutes, and then saw him again—I took him into custody, and told him it was for picking a lady's pocket of 2 1/2d. and a piece of paper in Leadenhall-street a short time previously—he said, "You are mistaken; I never did such a thing in my life"—I took him to the police-station, and searched him; nothing was found on him—he gave a name and address, at which, when I made inquiries, he was not known—I am not mistaken in him; I had an opportunity of observing him about twenty minutes or half an hour—I had seen him twelve or fourteen times.
Cross-examined by MR. DALEY. Q. How far were you from him when this occurred? A. Within about a couple of yards—he walked away when he took the things out of the lady's pocket—I did not see any police about the street at that time, there may have been—if there had been an officer there and I had required his assistance, I should have told him of the prisoner picking the pocket—when he came back again, he did not pass me; he came in the direction where I was standing, towards Cornhill, and I crossed over to him and took him—I don't think he saw me during the half-hour I was watching him—I was in plain clothes.
HARRIET MEAD . I am the wife of James Mead; we live at Willesden—on Tuesday, 23d December, about 4 in the afternoon, I was in Leadenhall-street, the last witness came up and asked me something, in consequence of which I put my hand in my pocket, and missed a paper and 2 1/2d.—this is a portion of the paper I had in my pocket, and which I lost out of my pocket—I saw the paper and the coppers safe from ten minutes to a quarter of an hour before the officer spoke to me.
NOT GUILTY .
MR. NICHOLSON conducted the Prosecution:
JEREMIAH JOHN MCCARTHY . I reside at 6, Sydney-place, Blackwall, and am a boat-builder—about 9 o'clock, on 26th December, I was walking with the prisoner at the back of the London Hospital, when he caught hold of me, threw me down, fell on top of me, and put his hand in my right-hand pocket—I put my hand in at the same time, and struggled with him for some time on the ground—I had twenty-two shillings in my pocket at the time, and he took twelve shillings out—he had his hand in my pocket about two minutes—after we got up, I took my coat off, and the prisoner hit me in the eye, and blacked my eye very much, and ran away—some parties were there at the time—I took my oath that I had been robbed, and they would not assist
me—they were with me—when I was on the ground I called out to them, but they laughed, and did not assist me in any way—they said they did not think I was robbed, they thought that he was only larking with me—I have known the prisoner about three months—I was walking with him, and with some others at the time—after he ran away I took a bus, and went straight down to the police-station—I was not tipsy—I can't say whether the prisoner was or not—we had all been drinking together—I believe there are two of the party here on the prisoner's part—the prisoner was working on the same ship I was—I saw him again two days afterwards, and gave him into custody.
NOT GUILTY .
MR. NICHOLSON conducted the Prosecution.
CHARLES HURLE . I reside in Emma-street, Hackney—at 1 o'clock on New Year's morning, I heard a noise at the back of my house; I laid in bed a little longer, and then I heard another noise—I got out of bed, and saw a man walking up the yard—he went up as far as the parlour-window, struck a lucifer-match, got the window open, put a bar in at the window, forced the shutter, and got in—I was on the floor above him, nearly opposite—I could see him as I lifted up my window—as soon as I saw who he was, I asked him what he did there—I said, "You thief; you have broken into the house"—he said, looking up at me, "What are you doing up there t"—I said, "I will let you know in half a minute"—he then turned himself round, jumped out of the window again, and made his escape out of the yard gates—that man was the prisoner—I had not known him before.
WILLIAM WELCH (Policeman, N 201). On this night I heard a cry of "Police!" in Emma-street, Hackney, and saw the prisoner running from the back premises of 33, Emma-street, from the yard-gates—he ran a few steps in a stooping position—he then saw me, and walked quietly till I met him—I said, "What is the matter there?"—he said, "I think you are wanted round the corner"—I said, "I think you are wanted round the corner; you had better go back with me"—he resisted, but I took him back—I saw the last witness—he opened the door, and identified the prisoner as being the man who had been in the house—I went to the back, and found this iron bar on the back window-ledge, and a candle lying by the side—the window and shutters were open—the wicket-gate was broken all to pieces—the prisoner said at the police-court:" They can't do anything with us, for we have not stolen anything"—I did not see any one else with him.
GEORGE WILDASH . I reside at this house that was broken into—about 1 on this morning I was disturbed—I looked out of the window, and heard the lodger ask who was there, and the man ask him what he wanted there—he then disappeared, and I could not get a correct view of his face—I was over the parlour-window, and he was at the side of it—I could not identify the prisoner.
GUILTY .*— Confined Eighteen Months.
MR. COOPER conducted the Prosecution.
LEONARD LEVY . I am manager to Mr. Joseph Smith, of 18, Aldgate—about 7 o'clock, on 15th December, I missed a roll of cloth from the shop—it was standing withing three or four yards of the shop door—a little boy, on crutches, came in, and said something to me, and I went out as far as George-street
—I there saw the prisoner with our cloth on his shoulder, covered with his coat—I gave him into custody—the value of the cloth is between 6l. and 7l.
Prisoner. I was told to mind the cloth.
COURT. Q. Was he going away with it? A. He had it on his shoulder, about three hundred yards from our place—I saw it safe between five and six minutes before.
GUILTY .—MR. JONAS stated that the prisoner had already been three years in Feltham Reformatory.— Six Years' Penal Servitude.
BURRY PLEADED GUILTY .— Confined Four Months.
STRATTON MOIR . I am a painter, living at 37, North-street—at a quarter past 10, on Monday, 7th December, I was in Hyde-park, between the Serpentine and the Marble-arch—I had two friends with me—we were assaulted by two soldiers—they took their belts off—I know very little about it myself being rather intoxicated—I was either pushed or knocked down, and, I believe, my watch taken from me.
JOHN STENHOUSE . I was with the prosecutor—I had been drinking a little—we entered the Park at Princes'-gate, and had got half across, when two soldiers, one of whom was Burry, the other I don't recognise, attacked me and my two friends—I had a struggle with Burry—he got up and attacked the last witness, and then they both ran away—I did not speak to Swindler.
WILLIAM CADMAN . I was with the two witnesses—I had not been drinking—I was quite sober—I can speak to Swindler—we were coming along the path, and the two soldiers met us and said, "You can't go across the Park to-night"—my friend was intoxicated, and said, "What is that to do with you?"—we then got scuffling with the soldiers—after a time Burry went round and assaulted the prosecutor, and took his watch—I don't believe Swindler knew that the watch was stolen at that time—I don't think he was acting in concert in stealing the watch, although he was with the other prisoner—I don't think he knew it till afterwards—I think the prisoners were slightly in drink.
SWINDLER.— NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
THOMAS GARDNER MACKAY . I am a clerk in Leadenhall-street—about a quarter to 6, on 28th December, I was walking up Cheapside—just as I got to the Old Jewry the Guards passed, and immediately after that, I suddenly felt a tug at my chain—I turned round, and distinctly saw my watch in the prisoner's hands—it was never severed from my chain at all—the chain held to my waistcoat—at that instant another man jostled up against me—I made a grab at the prisoner, he avoided it, and ran across the road—my watch was then hanging down—I put it in my pocket—I managed to catch him just by the Mansion-house—when he saw it was quite impossible to escape he slackened his pace, and turned round and said he was only coming out of that public-house—I said, "You attempted to steal my watch"—I took him by the collar and said, "Come along with me," and gave him in charge—I am quite sure he is the man.
Prisoner. Q. When you first tackled me, what did I say? A. You said, "I was just coming out of that public-house"—it was three hundred yards from any public-house where I tried to seize you first by the Old Jewry.
THOMAS RYAN (City-policeman, 455). I took the prisoner into custody from the last witness—I asked him what he would give the prisoner in charge for—he said, "For stealing my watch"—the prisoner said,"I have not got his watch; you can search me"—I said, "I will not search you here; I shall take you to the station"—the prisoner gave his address, 11, John-street, Oakley-street, Lambeth—there is no such street.
Prisoner. I might have said John-street, but I meant Thomas-street.
GUILTY .— Confined Six Months.
MR. COLLINS conducted the Prosecution.
JANE BANCROFT . I live at 26, Whitecross-place, Finsbury—on 30th December I went to Poplar—I took a return-ticket—I can't say what time it was when I returned—I missed the last train, and walked up—the prisoners overtook me near Bishopsgate-street—I believe they first passed me—they said it was a cold night, and then Rogers commenced crying, and saying that her husband had been fourteen days in the water, and could not be discovered; that she was very cold, and if she could, get anything to partake of, it would so relieve her—I said if she could tell me where to get anything I would pay for a cup of tea or coffee—they showed me a coffee-house, and I paid for some tea for them—I paid for it out of some money in my purse—I had from eight to twelve shillings—I also had the half of my railway-ticket in the purse—the prisoners might possibly see that I had a purse—Wilson sat opposite me when I paid for the tea—when we got out of the coffee-house, I had scarcely shut the door when Rogers blinded me with her two hands—she gave me a very severe blow, so that I was quite blinded, and then I felt some one's hands in my pocket—I called for assistance, and I was struck violently on the side of the head, and by that time the police arrived—when I went to move, my purse laid empty at my feet—I picked it up; it was empty; it did not contain either the money or the railway-ticket—I gave the prisoners into custody—there were several men about at the time, but I did not take much notice of them.
Rogers. Q. Was it not twenty minutes past 1 when this happened? A. I really don't know the hour—the train I had intended to catch was the half-past 10 train; I was too late for that, and I had to walk all the way to London.
Wilson. Q. Did not you meet us in Houndsditch, and ask if we would have anything to drink? A. No; one of you asked me—when I pulled out sixpence to pay for the tea, I did not pull out the railway-ticket, and tell you how I had been delayed, and missed the train—I did not leave it on the table, nor did you take it up and say it was no good to me, it would do for you to show as an excuse for being out so late—I was not in liquor—after leaving the coffee-shop I did not walk to the corner of Petticoat-lane and have a lot of Jew boys about me—I was struck the instant the coffee-house door was shut—I did not walk some distance before I called the police—I never moved after it occurred—the policeman came on the spot.
MARY ANN BOWYER . I am a searcher of female prisoners at Bishopsgate-street Station—the prisoners were brought there on 30th December—I searched them, and found in Wilson's pocket a shilling and threepence, and this ticket—I said to her, "What does this mean?"—she said, "Oh! it is merely a ticket I have been to the play with;" and she tore it out of my
hand, and tore it in two pieces—I picked the pieces up—I found a key on Rogers—she asked me if I had found the ticket on the other—I said, "It appears so"—she said, "Oh! it is nothing—it is only what she went to the play with the night before"—it is part of a return-ticket from Poplar.
Wilson. Q. You know I was very drunk? A. No, you were not—the prosecutrix was perfectly sober, but very much excited from the blow on the head.
WILLIAM SODEN (City-policeman, 636). On the night of 30th December, about a quarter past 1 o'clock, I was on duty in Bishopsgate-street—I heard loud screams of "Police," and "Murder"—I ran across the street, and saw the prosecutrix and the two prisoners struggling—Rogers was punching the prosecutrix—I parted them, and the prosecutrix said, "I will give them in charge, they have robbed me"—as soon as she spoke she stooped down, and picked up a purse which was at her feet—it was empty—the prosecutrix was perfectly sober.
Wilson. Q. Was it against the coffee-shop you met her, or at the corner of Petticoat-lane? A. At the corner of a street, about twenty yards from the coffee-shop—there were from ten to twelve persons about—there was plenty of opportunity of getting rid of the money.
GUILTY .—WILSON was further charged with having been before convicted at this Court in December, 1862, by the name of Mary Ann Fawcett, when she was sentenced to twelve months' imprisonment; to this she
PLEADED GUILTY. ROGERS.— Confined Eighteen Months. WILSON.— Confined Two Years.
MR. WOOD conducted the Prosecution.
DANIEL DAVEY (Policeman, H 169). On the evening of 29th December, I was in Ratcliff-highway in plain clothes in company with another constable—I was attracted by a scuffle—I immediately crossed the street, and saw the two prisoners, and another man not in custody, rifling the prosecutor's pockets—he was held tight by the two prisoners, and the third man was tearing out his pockets—directly they saw me the two prisoners and the other man ran away—I pursued them into Neptune-court, which was about 150 yards—Sullivan ran up Neptune-street into Wellclose-square—I got assistance, and after searching two houses in Neptune-court, Coleman came out of a water-closet there, and said "All right, Davey; I will give myself up to you; I am the man"—I said, "It is you, is it, Coleman?"—he said, "Yes—about 1 o'clock I went to a common lodging-house in Rosemary-lane, where I found Sullivan in bed—I said, "Sullivan I want you for assaulting a man and robbing him, last night about 8 o'clock, with Coleman and another man—he said, "All right, Davey; if you say it is right, I suppose it must be right"—I have known the prisoners for years living in that locality—the prosecutor stated in the prisoners' presence that he had lost four shillings out of his trousers' pocket—his trousers were torn nearly half-way down the leg, and the pocket torn nearly out of the trousers.
COURT. Q. Was that Heinrich Fromke? A. Yes; he is cook on board a steam-vessel; he is not here—he was bound over, but his ship was sailing, and he has gone in her.
Coleman. Q. Did I say to you that I was the man? A. Yes; another sergeant came up at the time, and seized you, and you said, "Let me go; this case belongs to Davey."
Sullivan. Q. Did not you see me at the lodging-house when you first
came there about 10 o'clock? A. No; I did go there, and looked at the slate to see if you had entered your name there that night, but it was not there, and I came out again—I did not see you there then.
MR. WOOD. Q. Have you any doubt whatever about these men? A. Not the slightest; I knew them well before.
URIAH HARVEY (Policeman, H 60). On the evening of 29th December, I was with Davey in Ratcliff-highway—I saw the two prisoners and another man having hold of the prosecutor on the opposite side of the road—I heard the crashing of pipes on the pavement, which drew my attention to them—we crossed the road; Davey was some distance in front of me—I saw the prisoners all leave the prosecutor at once, as Davey was going towards them, and run away—we pursued them—they ran into Cock-and-Neptune-court—I stopped at the court while Davey went to the station for assistance—we then searched two houses, and Coleman came out of the water-closet, and said, "I am one of the men; I will give myself up to you"—a sergeant who was there laid hold of him, and he said, "It is not your charge, it is Davey's charge"—the prosecutor said he had lost four shillings out of his pocket—his trousers were torn from the pocket down to the knee—I knew 0 the prisoners before by sight.
Coleman's Defence. I was coming out of the Cock-and-Neptune public-house, when they both took me. I never saw the man, and he did not say it was me.
Sullivan's Defence. I never saw the man in my life before.
COLEMAN.— GUILTY .**— Six Year's Penal Servitude.
SULLIVAN.— GUILTY .— Confined Twelve Months.
The following prisoners PLEADED GUILTY:—
160. WILLIAM TIMMS (26) , to stealing 4 gold watches, and 4 gold chains, the property of Raymond Heitzman; also, 3 watches, and 1 gold chain, the property of Matthias Kaiser.— [Pleaded guilty. See original trial image.] Confined Three Months, to commence at the expiration of a sentence of Two Years in Lewes Gaol, which he was at present undergoing.
161. THOMAS TUCKER (40) , to three indictments for stealing 9 sums of 10s. the moneys of the London General Omnibus Company, his masters.— [Pleaded guilty. See original trial image.] Confined Eighteen Months.
162. JOSEPH GRASSBY (24) , to stealing 36 boxes of patent medicines and other goods, the property of William Squire and another, his masters, having been before convicted of felony in January, 1860.— [Pleaded guilty. See original trial image.] Six Years' Penal Servitude.
163. BENJAMIN HIBBS (12) , to feloniously forging and uttering a request for the delivery of goods; also, stealing a 5l.-note and other goods, the property of Henry Francis Daltry.— [Pleaded guilty. See original trial image.] Confined Two Months, and Four Years in a reformatory.
164. WILLIAM WILKES (40) , to stealing in the dwelling-house of George Meacock 8l. in money, 1 safe, and other goods, his property.— [Pleaded guilty. See original trial image.] Confined Twelve Months.
165. DAVID CONNOR (22) , to stealing a watch, value 2l., the property of James Perrow, from his person, having been before convicted.— [Pleaded guilty. See original trial image.] Six Years' Penal Servitude.
166. WILLIAM TAPSFIELD (28) to feloniously forging and uttering a request for the delivery of goods; also, to stealing goods by false pretences.— [Pleaded guilty. See original trial image.] Confined Eighteen Months; and
167. GEORGE WALTERS (27) , to stealing 83 yards of silk, value 10l., the property of William Cook and others, having been before convicted.**— [Pleaded guilty. See original trial image.] Six Years' Penal Servitude.
NEW COURT.—Monday, January 4th, 1864.
Before Mr. Common Serjeant.
MESSRS. COLERIDGE and ORMEROD conducted the Prosecution.
JOHN SALTER . I manage the Red Lion, St. George's-in-the-East—Mary Blinkhorn is the landlady—on the 14th December, about 9 o'clock in the evening, the prisoner came in, and asked for half a pint of beer, which is a penny, and gave me a sixpence—I put it in my mouth, but could not discover it was bad at first—it had been worn so—I afterwards found, by rubbing it on a stone, that it was brass—I gave the prisoner fivepence change before I found it was bad—I did not pass it out of my hand—he ran away, and I followed him, but could not find him—I kept the sixpence by itself—two days afterwards I was sent for to the bar, and saw the prisoner again—the landlady gave me another bad sixpence, and told me that the prisoner had given it to her for half a pint of beer—he said, "Yes, I did; I am out of work; I knew it was bad."
Prisoner. That is false. You never stated that before the Magistrate.
COURT. Q. Are you sure he said he knew it was bad? A. Yes, and that he was out of work, or else he should not have done it—he strongly denied being in the house on the Monday before—I said to him,"You gave me a bad sixpence last Monday"—he said, "I never was in the house before"—I gave him him into custody with the two bad sixpences.
MARY BLINKHORN I am landlady of the Red Lion—I remember the prisoner coming to my house on 16th December, between 1 and 2 o'clock—he called for half a pint of beer, and threw sixpence on the counter—I took it in my hand, and said, "This is the same kind of sixpence you passed on Monday evening"—it was a bad one—he said he was never in the house before—I told him he was—I could swear to him—I took particular notice of him from where I sat at the bar—I then sent for the last witness, and gave the sixpence to him—he compared it with the other; they were both alike—I asked the prisoner if he had any more coin about him—he said he had not; he had been out of work, and he said he did not know that it was bad—he afterwards said that he knew one was bad; the one he gave me—he said he had been out of work, and he knew that was bad—I had seen him on the 14th—I am quite sure he is the same man.
Prisoner. Q. If I said I knew it was bad, why did not you state it before the Magistrate? A. I answered all the questions that were put to me.
GEORGE NEWMAN (Policeman, H 151). I took the prisoner on 16th December, at the last witness's house—I told him he was very foolish to change sixpence for fivepence—he said he did not know it was a bad one—he said that of the last one—I told him he must come with me to the station—he said, going to the station, that he did know the last one was bad—I produce the two sixpences.
WILLIAM WEBSTER . I am inspector of coin to the Mint—these coins are both bad, and from the same die—they are common medals which are sold about the streets for whist-markers—the reverse side is rubbed off, and then both sides silvered over—they grind off what is unsuitable—these resemble, or are apparently intended to resemble, the current silver coin of the realm called sixpences.
Prisoner's Defence. It is wrong evidence that the landlord and landlady have given about my saying I knew it was bad. They never said that before. It has been made up since I have been sent for trial. I did not know they were bad.
GUILTY .*— Confined Twelve Months.
MR. SLEIGH conducted the Prosecution.
GUILTY*† on the Second Count. — Confined Twelve Months.
The following prisoners PLEADED GUILTY to unlawfully uttering counterfeit coin.—
OLD COURT.—Tuesday, January 5th, 1864.
Before Mr. Recorder.
MR. COLLINS conducted the Prosecution.
HANNAH REES . I live at 33, Newport-street—on Friday, 11th December, about quarter to 1 in the morning, I went into Mr. Lemon's public-house in Cranbourne-passage, and saw all the prisoners there—they pushed against me with very abusive language, and they said, "Perhaps you call us thieves?"—I said, "You may be for what I know" and walked out of the house to go home—just as I got out into Newport-street, one of them struck me on the back of the head—I cannot say which it was—I heard the tall one (White) say, "Kick her, Adelaide; you have got new boots on"—I saw them following me out of the public-house—I remember no more after I heard those words—they kicked me in the eye—I have had a bad eye for five weeks—my frock was covered in blood—I have it on now—I was wearing a brooch on a piece of velvet round my neck—I missed that, and my pocket was torn right out of my dress, and I lost half a crown, a shilling, and a pocket-handkerchief from it—I saw my brooch and money safe as I came out of the public-house.
White. I was there that evening; but this young man was not there at all.
Hide. I had not new boots on.
McCormack. I know nothing at all about it.
COURT. Q. Are you sure the man was there? A. Yes, and another man, who is not here—I knew the prisoners quite well from using the house—I had been servant there two years, and knew them quite well by sight.
on duty in Castle-street, Leicester-square, and saw the prisoners and another man, named Hints, and two other girls, coming out of Cranbourne-passage, using very bad language—I heard one of them say, "Let the b——h have it"—I followed on the other side of the street, thinking there would be a brawl, and when I got opposite Earl's-court, I saw McCormack, Hide, and the man not in custody, holding the prosecutrix up against the shutters in Earl's-court—White was standing two or three yards off, and I believe it was she who called out,"Here is Gordon,"as I crossed the street—I am certain the prisoners were all there—they then took to their heels as fast as they could, got round to the back of Little Newport-street, and I lost them—I came back, and the prosecutrix was not there—I am quite sure McCormack is the man who was there—I have known him six years—he lives in Tooley-court, and the other two live in Clement's-lane.
McCormack. Q. Did not you see me in Scotland-yard, on the Saturday evening after this, going down for a job? A. No—I never saw you till you were apprehended.
COURT. Q. Did you see any one kick the prosecutrix? A. I did not—I saw her fall, as I ran past, after they ran away—I saw her again the next night—her face and chest were entirely black; she could scarcely see out of her eye.
JOHN SHORE (Police-sergeant, F 11). I apprehended McCormack on Sunday night, 13th December—I said, "I want you, for highway robbery"—he said, "I can prove I was not there at the time; I was in Mr. Lemon's public-house at the time"—that was before I told him where it was—he said, he did not do it himself, but he knew who did do it—that was before I told him where the robbery had taken place.
WILLIAM ACKRILL (Police-sergeant, F 48.) I apprehended White on Sunday night, 13th December—I told her I should take her in custody for assaulting and robbing a young woman—she said she did not do it, but her friend did it, pointing to the prisoner Hide—I did not hear Hide make any reply to that—she walked up the court, and Gordon took her in custody.
White. I did not strike Hannah Rees, nor did I see her brooch or money.
Hide. I did not do anything more than the others.
JOHN COOK (Policeman, C 106). On the morning of 11th December, I was on duty in Newport-market, and about 1 o'clock I saw all three of the prisoners—they came running from the direction of Little Newport-street, up into Prince's-row, and went into No. 8—Gordon came up soon afterwards, and gave me some information—we searched the house No. 8 at that time, but could not find them.
Hide's Defence. The prosecutrix struck me first, and I struck her back again; some man who was with her was going to strike me first, and she took off her cloak and said she would fight me herself; the man who was with her got locked up as well.
HANNAH REES (re-examined.) No man was with me on this night—I was by myself—after this happened I went straight home, and knocked at the door; they hardly knew me, I was in such a state—I saw one of the policemen the next evening, and made a complaint to him—there is no one here who saw me that night—I did not complain then, because I did not know the prisoners' names or where they lived, and I was in such a state I was obliged to go home.
White's Defence. I used to live with Hannah Rees, and she knew me quite well; she came out of Mr. Lemon's, with a young man, who was tipsy,
and she was tipsy herself, and she struck my friend first; she lived with me about two years; three young women lived with her.
COURT to HANNAH REES. Q. Is that so? A. No—I lived with a young woman in the same house—White was lodging in the same room—I used to work then at Mr. Lemon's public-house, and that is how I knew them—I thought she was a very respectable girl, when she came to lodge along with me.
McCormack's Defence. I was not there at the time; I was not out till 12 o'clock; I don't recollect seeing the girl or being in that house on that night; I was very tipsy over at the Plough in Newport-street; I was not able to walk; two men took me home. I work for Mr. Patterson, of Robert-street, Hampstead-road; I am quite innocent; the woman said it was not me at first.
WILLIAM GORDON (re-examined). The prosecutrix did not say at any time that McCormack was not the man—I did not know where she lived or I should have had them before—she lived as a servant in Castle-street—she saw them at the station, and identified them at once—I did not prompt her in the slightest degree—I was perfectly aware that she knew them.
NOT GUILTY .
The evidence of Hannah Rees, William Gordon, John Shore, William Ackrill, and John Cook, at given in the last case, was read over.
McCormack. They have made this Up between them; I am as innocent as the dead in their graves.
Hide. The prosecutrix struck me, and I struck her back again; she was tipsy, and I was tipsy.
White. This man was not there at all, and we did not run away at all; there was no man with us.
GUILTY .†— Confined Six Months each.
MR. THOMPSON conducted the Prosecution.
EDWIN DIGBY . I am cashier to Thomas Holloway, of 244, Strand—he is the "Professor Holloway," the celebrated pill and ointment manufacturer—on 28th November, this note was presented to me by the prisoner (read: "To Professor Holloway, Nov. 28th, 1863.—Sir, Having a very heavy bill to take up this day at the London and Westminster Bank, I find I am short 3l. 12s. 6d. I shall feel obliged if you will advance me that turn till Saturday, when I will call and settle the matter. I send my clerk, who will give receipt for the advance.—WM. HORSFORD, part manager of the Limerick Chronicle"—Mr. Holloway advertises in the Limerick Chronicle, and has a running account with them—when the prisoner presented the note I asked him if he was Mr. Horsford—he said, "No, I am not Mr. Horsford, I am only his clerk"—he said that he brought the letter from the Euston hotel, Euston-square—in consequence of that letter, I gave the prisoner this cheque for 3l. 12s. 6d. on Coutts and Co., payable to the order of Wm. Horsford—it is now endorsed "Wm. Horsford"—I saw the prisoner again on the following Wednesday—he brought another note (MR. THOMPSON proposed to give this second uttering in evidence, to show guilty knowledge, but the RECORDER was of opinion it could not be done; the latter transaction having no tendency to show
the guilty knowledge of the first uttering)—on 2d December I made an appointment for the prisoner to come the following day, Thursday—in the meantime I made inquiry, having some suspicions—he came the following day, and was given into custody by Mr. Thos. Holloway—I did not hear what passed on that occasion.
Cross-examined by MR. KEMP. Q. Do you sign cheques? A. No—this cheque was signed by Mr. Holloway—he was not present when the first note was brought; he is never present; he is always up stairs—I went up to him—I did not say to the prisoner, "Do you know the person who sent this note,"nor did he say, "Yes, I do"—I asked him if he was Mr. Horsford, and he said, "No; I am only his clerk"—I am quite sure he made use of those words—I did not know him, nor did I then know Mr. Horsford; I do now—I never heard of a man of the name of Bassett—the prisoner did not say he was sent by Bassett; I never heard him say so—I first heard of the name of Bassett when the prisoner was going in custody to the Euston hotel—the prisoner then said he was sent by Bassett; not before—he did not tell me that Bassett lived at the same place as himself—he did not give me Bassett's address—as we were going to the Euston-hotel, he said that Bassett lived at Pitt's-place, and he said he was staying there—I will swear that the name of Horsford was mentioned in our shop; I say so without the slightest hesitation—he brought the letter sealed, and I opened it.
THOMAS HUTCHINS . I am clerk to Mr. Holloway—I first saw the prisoner on 3d December, at Mr. Holloway's shop—I asked him the object of his coming to our shop—he stated that he had seen the cashier on the day previous, and that he had brought a letter from a Mr. Horsford, of Euston hotel, Euston-square; that the cashier was perfectly aware of the contents of that letter, and he was awaiting the appointed time, which was 12 o'clock—he remained there till the cashier returned from the Bank, where I had sent him—that was about an hour and ten minutes or an hour and a quarter—I gave him the newspaper to read—on the cashier's return I told the prisoner that I should give him into custody, as I believed there was something wrong—I said, "You state to me that you have come from a Mr. Horsford, of Euston-square, is that so? I shall give you in charge"—he then stated that he had not come from Mr. Horsford—I said, "Then where have you come from?"—"Oh," he said, "from a Mr. Bassett"—I said, "It is a very strange thing you should tell me in the first place you had come from a Mr. Horsford, and now, when I tell you I shall give you in custody, you come from Mr. Bassett; pray who is Mr. Bassett?"—"Part manager of the Limerich Chronicle"—"Where is Mr. Bassett stopping?"—"No, 4, Pitt's-place, Drury-lane; a coffee-shop"—"Then how is it you previously stated to me that you came from Mr. Horsford, of Euston-square, and now you state you have come from Pitt's-place, this coffee-shop; here is the letter, do you know the writing?"—"Yes"—"Who wrote that letter?" (that was the first letter, of 28th November)—he said,"Well, Bassett wrote that letter"—I said Bassett was a stranger to me—he said, "Oh; he is part manager of the Limerick Chronicle;" as he had previously stated—I then told him I believed it was a forgery, and in the meantime one of our people was in search of a police-officer to give him into custody—I asked how long he had known Bassett—he said something like eighteen months—I said, "Have you been doing anything for Bassett?"—he said, "I have been doing little errands; little jobs for him"—I said,"Then why did not Bassett come himself?"—he replied that he had hardly a coat to his back, and that he was in such a poor state that it would not have done for him to present
himself—I asked him if he had received a cheque from our cashier—he said he had—"What did you do with it?"—"I took it to Bassett"—"But why did not you take it to Horsford?"—"For the reason that Bassett is a part proprietor and manager of the Limerick Chronicle"—"Who indorsed the cheque?"—"Bassett"—"Did you see Bassett endorse the cheque?"—"Yes"—"Then what?"—"I took it to Messrs. Coutts, upon which I received the 3l. 12s. 6d."—"What did you do with the money?"—"Took it to Bassett"—"Did Bassett receive the money of you?"—"Yes, he did" I think that was all that passed—he was given into custody.
Cross-examined. Q. Did you make any memorandum of this conversation? A. No, it was not necessary; I have a good memory on some points, of conversation—I did not know Bassett, and have never seen him—I know Mr. Horsford—I have been to Pitt's-place, Drury-lane—I found that a man named Bassett had been living there—I have not tried to find him; the officer made inquiries.
Cross-examined. Q. Did you find that Bassett had been living there? A. I did—I have tried to find Bassett since, and have not been able.
WILLIAM HORSFORD . I reside at Limerick—I am part proprietor of the Limerick Chronicle—Professor Holloway advertise sin my newspaper—the signature to this letter is not mine—it was not written by my authority—I was not at the Euston-hotel at that time—the prisoner was not a clerk of mine—I have no knowledge of him—I never received the 3l. 12s. 6d.
Cross-examined. Q. Do I understand you to say that you never saw the prisoner before this charge was made? A. No—I know Bassett—a person of that name was formerly proprietor of the Limerick Chronicle, and his wife still retains an interest in it—she has a son—I don't know where he resides—I have not seen him in London.
GUILTY of uttering. — Confined Twelve Months.
MR. LANGFORD conducted the Prosecution.
DENNIS HICKEY . I am a bricklayer's labourer, and live at 3, George-street, St. Giles—on Thursday night, 24th December, I was at a public-house, at the corner of Pancras-street—I was by myself—the prisoner was there—I left the public-house about 11 or a quarter-past—I was not tipsy, and I was not sober; I had a drop taken—I came out of the house by myself—the prisoner followed me out, and followed me to the corner of Mortimer-market, the next corner to the public-house—he then tripped me, and knocked me down, and when I was down he kicked me in the hip, and my hip has been very queer since—he collared me, put his hand in my pocket, and took 13s. 6d. from me; there were two half-crowns, three two-shilling pieces, two shillings, and one sixpence—a constable came up and took him into custody—the prisoner was drawing his hand out of my pocket when the constable caught him—the money was safe in my pocket when I left the public-house. Prisoner. Q. Were we not drinking in the public-house? A. I never
drank with you—I was not turned out of the public-house—I did not have any row, or put my fist in your face—I never spoke a word to you.
GEORGE MASON . I am a coachman, and live 3, Market-street, Fitzroy-square—on Thursday night, 24th December, soon after 11, I was standing in Mortimer-market talking to a friend, and saw the prisoner trip the prosecutor up—the first time he fell I did not take any notice, I thought they were both tipsy—they came on quite opposite me—I was not more than three yards from them when I saw the prisoner trip him up again, put his left arm on to his neck, and put his hand into the prosecutor's right-hand trousers pocket, and draw it from it—they were muddling together—Hickey tried to call "Police," and could not—the prisoner then jumped up and ran away—I followed him till the police took him into custody.
Prisoner. I do not remember seeing the man at all; I was three parts gone. Witness. He did not appear to be drunk; he could run very well.
HENRY MILLS (Policeman, E 68.) On the night of 24th December, about 11 o'clock, I was on duty in Mortimer-market—as I was going by Tottenham-court-road, a little boy said something to me; in consequence of which I went round Mortimer-market, and saw the prisoner with the prosecutor on the ground, with his hand in his right trousers pocket—directly he saw me he ran off—I caught him in Oldham-street—he had two half-crowns, three florins, and 3s. 6d. in his hand—he said it was his own money, which he had drawn of his master, Mr. Walter Abathen, of 16, Gower-street—I went there, but there was no such man known.
Prisoner. Q. Did you go to Little Gower-place? A. No; you said 15, Gower-street—the inspector made a memorandum of the address—you were not drunk.
GUILTY .— Confined Eight Months.
NEW COURT.—Tuesday, January 5th, 1864.
Before Mr. Common Serjeant.
MR. THOMPSON conducted the Prosecution.
ROBERT LANE . I am a warehouseman in Ironmonger-lane, City—on 14th December, about 6 o'clock, I was in Cheapside—the Guards were marching to the Bank, and took up part of the pavement, so that there was little room for passengers to pass along—I noticed two men before me, who obstructed in some measure my way—they came to a standstill, which excited my suspicions—I looked round, and saw the prisoner with my watch in his hand—I took hold of it with ray left hand, and of him with my right—the guard was still round my neck; the watch was not detached—I held the prisoner about three minutes, and gave him in custody.
Cross-examined by MR. DALEY. Q. Was there a crowd there? A. No; but there are always a good number of people there—I felt nothing, but I saw this—I had this coat on; it was not buttoned—I will not swear positively, but I think my watch was in the prisoner's left hand—his hand was shut—I only saw part of the watch and my chain going to his hand.
THOMAS EAMES (City-policeman, 465.) On 14th December, about 6 o'clock in the evening, I saw a crowd in Cheapside, and found the prisoner in Mr. Lane's hands, who gave him in charge for stealing his watch—I took him to the station, searched him, and found a penny on him—he gave a false address.
GUILTY .— Confined Four Months.
MESSRS. LEWIS and DALEY conducted the Prosecution.
ROBERT ABLICE . I am a baker, carrying on business in Oak-place, Battersea, and am one of the agents for the sale of Messrs. Dakin's tea—the prisoner was in the habit of bringing tea to me from them—on 18th September, I owed Messrs. Dakin 2l 8s. 7d., which either I or my wife paid to the prisoner on that day—here is his receipt (produced) signed in the prisoner's name.
JAMES MITSON . I am a grocer, of 28, Stamford-street, Blackfriars-road, and am one of the agents for the sale of Messrs. Dakin's tea—the prisoner brought goods to me—on 5th October, I paid the prisoner 4l. 7s. 6d., which I owed Messrs. Dakin—here is his receipt (produced.)
ALEXANDER HADDON . I am in the service of Mr. Burnard, a licensed victualler, of Westminster-bridge-road—he is a customer of Messrs. Dakin, and owed them 11l. 3s. 1d. which I saw him pay to the prisoner on 25th September, and saw the prisoner write this receipt (produced).
HENRY BARWELL . I am superintendent of the van department of Alfred Waterhouse, who carries on business in the name of Dakin—the prisoner was in his employment for four years—his duties were to start of a morning with a way-bill of the goods, to deliver them, and receive money, which he was to pay on the following morning—a way-bill is delivered to him with the names of the customers—it was his duty to pay me the money he received from agents, but not what he received on the way-bill—these receipts are in his writing—he has not paid me these moneys—I produce the way-bill of 26th September, 1863; there is no entry in it of 11l. 3s. 1d, received from Burnard—it would be the prisoner's duty to enter it on the back of this way-bill.
COURT. Q. From what class of customers? A. All way-bill customers are already on the way-bill; it contains the names and the amount due—the money received from persons, whose names do not appear on the way-bill, account customers, is entered on the way-bill at the bottom of the amount, after the total—all those on the face of the way-bill pay on delivery.
Cross-examined by MR. METCALFE. Q. Is not Burnard's name on the waybill? A. His goods are, but he has an account with the firm—the agents have nothing to do with the way-bill; ready-money customers have, but not credit customers—here is "account" against Mr. Burnard's name, he had an account that day—a statement is sent out to credit customers whenever they wish to pay, once a quarter, or whatever it may be—the person who takes it out is the person who collects the money—the prisoner had authority to receive credit accounts when they were offered to him—these goods mentioned in the way-bill went into Burnard's account that day, but not into this account—the 25th was the day the account was paid, and it ought to have appeared on the back of this way-bill—the clerk Hackett makes out the way-bill, and Rolfe, the ledger clerk, makes out the bill—neither of them are here—the prisoner, when he returns, has not to account to me on the way-bill, only for the agents—I should pay in the way-bill the following morning, and he would pay the money at the earliest opportunity—perhaps I should not see him till the following morning, and then he would hand it over to me—I might possibly see him in the evening; he was to give it me at the earliest opportunity—each van man retains the sum of 50l. in his hands to work the van with, but the agent's money had nothing to do with that—he had not to balance once in three months for the 50l. he kept
in hand; he only had to show bad debts every three months, and part of them were deducted from his salary—he was allowed latterly 35s. a week, from which was deducted 6s. a week to make up for bad debts or accidents; and if at the settlement at the end of three months, any bad debts or accidents appeared, half of it was taken out of that fund—supposing it amounted to 10s., he would lose 5s.; if to 10l., he would lose 5l.—the firm loses half, and he loses half, which comes out of the fund of 6s. a week—with that 50l. he had to keep his own "owings;" if he had 20l. out upon any bill, he had that 50l., so that he should pay the whole amount in—the contents of the way-bill were debited to him, and he was obliged to pay them, whether he got them or not—that is what I call working the van—the amount that he did not receive was paid in out of the 50l.—if his customers took any credit, they would pay him, and he would show the amount he received in the book—they were charged in the book to his debit—he was not required to pay interest on that amount—if he took the goods out in the van and received the money at the time, he would not deduct discount from the customers' accounts; only for agents, and they have nothing whatever to do with the way-bill—if he received 10l. for an account, which had previously been 10l. 10s., he would not have to pay in 10l. 10s., only the 10l.—no van man has ever been charged with interest in that way—no claim is made on the men for interest, if they do not pay in money on Saturday, nothing of the kind, under any circumstances—the prisoner left on 10th October—I did not ask him about the amount he had received from agents, nor did he say that he could not pay me the whole amount, as the prosecutor had not paid him his wages—I saw his wages paid to him—I did not see them paid; Mr. Miller was the person to pay them—I do not remember the prisoner saying anything about his wages not having been paid—I do not remember his coming to me on the 17th, he having left on the 10th, and asking me if I would settle with him, and receive the amounts he had in hand, or that I saw him at all—I did not say to him, "No, I have entered it as owing by you, and it must be paid by your sureties"—I never in any instance remember his coming to me and offering to pay me money—he did not come to me in the office on that day—I have seen him several times, he came one Saturday night to see the principal; that was, I think, the Saturday fortnight after he left—he saw me—he did not tell me that he wanted to settle, and offer to pay over the money to me—I did not take him over the books and have a settlement with him when he left—a bond is entered into by each man, with two sureties, to make good any deficiencies—I will swear I made no such remark as that it must be paid by his sureties—this (produced) is an extract I have made, and here is the book for the agents—this extract is several small amounts which he is short—I have entered them to him—goods which go out to agents are entered not to him, but against me; I give them to him to deliver, but make no entry of having given them to him—I have to pay in all agents' moneys—wherever the agents may be, they are given out in the morning—I am not responsible for them; they are entered in that book, and I have the collection of them—I am not responsible in the same way as the prisoner is for the goods on the way-bill—the prisoner is not made responsible for the agents' goods, he is for the customers'—he has the different goods in the same van, customers' and agents'—these initials in the book are my voucher from the clerk—the only entry is made in that book—the prisoner receives no voucher from me; if he pays money to me it is entered in this book—these sums are entered when he goes out,
and before he pays them—when I receive the money I put it down on a slip of paper, which is afterwards destroyed at the end of the week—I know that the prisoner has not paid it to me, because I do not find that I have paid it over to the other clerk—the amounts are not paid to the other clerk, and therefore I infer that the prisoner has not paid them to me—I may have some of the slips in my pocket now (Looking for them)—I made out this slip of the prisoner's differences from this book; there are three items—the prisoner met me two or three times after he left, at a coffee-shop; he told me that he would come to the firm and see the principal—I told him I should be glad when the accounts were settled, and he gave me a list of goods which he had out—I have not got that list; I worked them off the list, and got the money for them—the prisoner did not go round with me in the van and introduce me to the customers after he left—I went round with him in the van before he left—I believe he did ride with me one day after he left, I met him at Vauxhall—he did not wish me to settle with the customers who I did not previously know—some time after he left, he told me that he had obtained another situation with Fender and Co., a tea-establishment in Wandsworth-road—I went there with a detective three weeks or a month after he told me, and we saw him in the shop, and gave him in custody—during those three or four weeks I found out that he was endeavouring to get some of the customers away—that was not the reason I gave him in custody—I did not do so before, because I was going through his accounts—I took to his journey on 12th, but he having left on the 10th, it was impossible to find out the deficiency then—I do not know that I found out any portion of it that day; I found out small amounts at the time—it took me three weeks or a-month to find out the rest—some of these are weekly customers, some fortnightly, and some monthly—he has been trying to get away customers ever since he left, but I have not been trying to get up a case against him ever since he left—I did not give him in custody at once—I am not a principal; I was a van man a short time ago, and was put over the prisoner's head—I am aware that he was trying for the situation which I now fill.
MR. LEWIS. Q. Were you promoted for your good conduct and honesty? A. Exactly so—I saw him every day between 18th September and 10th October, except Sundays, on any of which days he could have paid in the amount; and the same from October 5th—it was his duty to pay me those sums the first time he saw me, and also to enter them on the way-bill under the total amount.
MR. METCALFE. Q. Why is it put under the total? A. Because they have an account with the firm, and the rest are weekly customers; it is to distinguish them—there are ready-money and account customers, and sometimes an account would be left for a week.
COURT. Q. Who makes the entry in the books of the names and amounts? A. Mr. Rolfe—it is then handed to me—they are all entered on Saturday, to leave on Saturday morning, and they enter all the goods of the week—it is handed back to me with all the names of customers to whom goods have been sent, and the amounts due—it is the prisoner's duty to receive such moneys if they are offered to him, and then to pay me—the proper person in the establishment then initials the sums, which is his discharge—if an item is disputed, and I find it is not initialed, that would be conclusive to me that I have not paid it over to the clerk, and then I say that I have not received it.
customers a quarterly account—when the prisoner received it, it was his duty to credit the person at the bottom of the way-bill, and pay the amount to me—he has never paid me 11l. 3s.1d. received from Mr. Burnard—the name of Burnard is not mentioned in the way-bill—if the money is not handed over to me or the name entered on the back of the way-bill the firm has no means of knowing that it has been paid—I saw the prisoner on 26th and 27th October, and I was away after the 28th for three weeks.
Cross-examined. Q. Who gives out the goods to him? A. One of the counter men—he is not here—Barker, a clerk, makes out the bill for him to take—he is not here—when the prisoner leaves goods he leaves the invoice for them at the same time—those are to be paid at the end of three months, and at the end of three months a statement is made out by Mr. Rolfe—he is not here—he does not give it to the prisoner, it is sent by post, but the prisoner is in the habit of calling weekly, and Mr. Smith might say, "Here is a bill of yours, I will pay you"—he does not receive any list of arrears which he is to collect—if they are in arrear, it is put into other hands to collect—when a man takes to a van there are certain amounts on the waybill which we consider equal to cash, and we advance him to the amount of 50l. in cash; if the bill amounted to 20l. we should advance him 30l.—that was not each time he went out, only on the first onset—when he has the 50l. he must pay cash on the following morning for all the goods he takes out—if he gives credit it is at his own risk—if he pays cash to the amount of 30l. we do not make up the 50l. again; he has got to the end of his tether then, and would be discharged—if, when he comes home, he has the 20l. and 30l. cash, he has not to pay us both; he is always to keep the 50l. in hand—he must pay in the whole amount that is on the way-bill.
MR. METCALFE. Q. He pays in the amount, and next morning he receives perhaps 30l., that would make 60l., then he would have to account for 60l.? A. Yes; he has to pay in the cash items on the way-bill each time he returns—he would not have to account for the cash difference—we leave the money in his hands as a cover for himself—we always leave a fixed sum in his hands—it is an insurance fund—there is a way-bill every day—this (produced) is the way-bill for the next day—besides this insurance fund there are two sureties in 50l. each, who enter into a bond for 100l.—we also deduct 6s. a week from the wages; that forms a deposit account for the half of bad debts or accidents—we have three funds to fall back upon—the 6s. a week has nothing to do with accidents—the bond is for surety in case he should be in arrears—I have not seen him since he left on 10th October—he did not ask me for a statement of his accounts before he left, nor did I ask him for it—I did not see him from 27th August till 25th September—I was away the whole of that time—he ought to have accounted to me on 25th September—Mr. Rolfe, the ledger keeper, did my duties in my absence—any account of 20th September belongs to Mr. Rolfe—he is not here—I was not there on the 25th—I was there on Friday and Saturday, the 26th and 27th—the money was always paid to me in the morning—the running account of 50l. is only settled up when a man leaves, he then has to account for exactly what he receives.
COURT. Q. It is only to put him in funds to pay ready money for what he does not get ready money for? A. Yes—the way-bills are filed in the office, and he has access to them to see who did not pay—I suppose that those who are left have not paid.
MR. LEWIS. Q. How many van men are there? A. Twenty-six connected
with the vans—Mr. Dakin has between ninety and a hundred men in his employment.
MR. METCALFE. Q. Is there a Mr. Errington in your establishment? A. Yes; the head accountant—the prisoner hands him the money tied up in the way-bill, and Mr. Errington hands it to me—I do not communicate with the prisoner in the morning—I put the amount received at the bottom of the way-bill and enter so much cash in the cash-book—the amount is transferred to the ledger-clerk who copies it from the way-bill—he is not here, nor is the ledger here—I receive all moneys, and the ledger clerk has the way-bill handed over to him—the firm grant the amount of 501l., and the prisoner is not responsible for it.
ROBERT PACKMAN (Police-sergeant). I took the prisoner on 11th December—I told him I was a police-officer, and he must consider himself in custody on a charge of embezzling these three sums—he said, "Very well"—I took him in custody.
Cross-examined. Q. I suppose your instructions were immediately before you took him? A. Yes; by Mr. Lewis, the attorney.
NOT GUILTY .
The following prisoners PLEADED GUILTY:—
LEA received a good character.— [Pleaded guilty. See original trial image.] Confined Two Months, and Three Years' in a Reformatory. HOPKINS— Confined Eighteen Months ; and
186. THOMAS BENNETT (20) , to feloniously, with three others, assaulting John Wall, with intent to rob him.— [Pleaded guilty. See original trial image.]Recommended to mercy by the prosecutor, who knew his family.— Confined Four Months.
OLD COURT, Wednesday, January 6th, 1864.
Before Mr. Baron Martin.
MESSRS. COOPER and BRIDGMAN conducted the Prosecution.
JOB CAULDWELL . I am a bookseller of 355, Strand, and sole representative of the Temperance Loan Society there—I carry on business there, but do not live there—I have known the prisoner about four years—he has on various occasions borrowed money of me—about 28th January last year the prisoner came for a loan of 6l.—I gave him this proposal paper (produced) to fill up—he said he had come from Thomas West to borrow the money for him, and mentioned the name of William Moore as his surety—he took the proposal-paper away—he partly filled it up there, leaving the spaces for the persons to sign their names—I gave him the note of hand with it, pasted on it—(The proposal being read, was for a loan of 6 l., for Thomas West, higgler, of Watford, recommended by John Dyer, surety J. Moore, of Aldenham Grove Lodge, housekeeper)—the note of hand was written by me, leaving blanks for the names to be filled up by West and Moore—the prisoner afterwards returned with it filled up (Read:"355, Strand, January 28th, 1863. On demand, we jointly and severally promise to pay to Job Cauldwell, or order the sum of 6l., value received. The mark of Thomas West X, William Moore, witnessed by J. Dyer")—I generally get some one to make inquiries as to the respectability of the persons who are about to borrow money, but having known the prisoner so long, I was satisfied with his
statement—from circumstances which occurred, I wrote to Mr. West—I posted the letter; it was returned—I have not got it with me—I wrote to the address that he gave on the paper—I afterwards wrote to Mr. Moore—that letter was returned—I have it here—I then went down and made inquiries—I found no place called Aldenham Grove Lodge—I went to the post-office; they did not know a Mr. William Moore—I made considerable inquiries about the matter there—I found no Mr. Moore residing there, nor any Thomas West—I know the prisoner's handwriting—the signature of "Thomas West, his mark," to the promissory note, I have no doubt is the prisoner's writing—the signature of William Moore I do not know—the "witnessed, J. Dyer" in the corner, is the prisoner's writing.
Cross-examined by MR. DALEY. Q. I see you describe yourself as the manager of the Temperance Loan Office, is that your true description? A. I purchased the society some time ago—I manage the whole of it—at the present moment I am the loan society—I cannot exactly say how long I have been the sole manager of it; somewhere between two and three years—for the last two or three years I have been the sole manager of the society—before that, it was managed by some one else—William Horsall managed it before I had anything to do with it—he lived at Blackheath—he has left now, and has gone to Africa—he left about three years ago—he was in the society several years—he went to Africa a few weeks ago—I cannot give you the names of any one else connected with the society—I had nothing to do with it previous to that—I purchased up the shares of Horsall—I bought them of him alone—he was not the sole representative of the society at that time; there were several more, about whom I cannot give any information—he bought up all the shares of the others and I bought them of him—I know nothing about the others, because I was not in London at the time—Horsall is the only person I can speak of—the first time I saw this promissory note after I had given it to the prisoner to get signed was when he brought it back—I looked at it—he signed it for the man to make his mark to—I knew that when he brought it—the prisoner has been employed by me during the last three years as an agent to bring proposals—I employed him both to bring the proposals, and to inquire as to the respectability of the parties—he has not brought me a hundred in the last three years—perhaps there might have been fifty or there might not—in all instances there was a proposal similar to this—the loan was always recommended by somebody—the filling up of the proposal is done at my office, except the names, which the parties were to put in their own handwriting, of course—I paid him half the inquiry fee for his trouble—that would be according to the amount—for 6l. it would be 1s. 6d.—for that he was to make all the inquiries, and to satisfy me of the solvency of the parties—I knew he was a printer by trade—I believed him to be a man of good character—31s. 8d. was paid off this loan by the prisoner—he lived at Watford—he used to remit me the money for the convenience of the parties—this is the book in which the account was kept—there is no entry here of the 31s.8d. because this book was lost at the time—it was sent to him afterwards through the post-office—the 31s. 8d. is entered in my book—I generally paid the money to the parties who wanted it, when a loan was granted; in this instance I paid it to the prisoner, as near as I can remember, on the 30th or 31st of January—there was some one in the office at the time I paid it—there always is some one there—there is no one here to-day—they would not know what was done, because their backs would be to me—I did not call attention to it—when persons borrow money they do not generally call attention to it—my clerk's back was turned at the time I paid
the prisoner—I made an entry of having so paid him at the time—this is my book—the entry was made by myself at the time—I have paid money to Dyer in two instances—I remember two distinctly—I can't say positively I only paid him in two—I can find those entries in the book—these are they (pointing them out)—I entered these at the time I paid them—I gave a man named Hedges, of Watford, a loan—I paid him in person—I think I remember his coming—that was one of Dyer's recommendations—a man named Pegg was the second—I first looked at my book to see if I had paid Dyer when the letter to West was returned—that was some time in May—I destroyed that letter—the other one I left on my desk—I don't know why I did not put West's there—I cannot find it, and I think I destroyed it—I think it was in April that I went down to Watford—I told Dyer I could not make it out, that I could not find out West—I did not say I was afraid he had been hoaxed, nor anything like that—I said that I had been to the post-office and could not find West and I was afraid there was something wrong—he said the man had removed—I went down again in July—I did not give him in charge then—I did the first time I could find him after that—I don't know that he was at Watford working at his trade and living there; I could not find him there—I made diligent inquiries and could not find him—I have not lent him any money since this loan of 6l.—I sold him 5l. of things, and took a bill for the amount—I have it here—it is dated 15th July; that was after I had found West had disappeared—when I made inquiries for West, Dyer assured me it was all right, that he lived away somewhere else, and came there to market every Tuesday—I was satisfied with that; that was at the same time I took this note—I applied for a warrant against Dyer—an action was brought against me by a man named Sharp—I don't know when it was commenced it might have been in September last—it was somewhere about that time—my solicitor could tell you; I don't know—I don't know what the action was for—I don't know that Dyer was the principal witness against me in that action—when the writ came to me, I did not know who it was from—I have since made inquiry—I don't now know what the action was for—I believe it was for taking some goods from Watford—I have not seen the declaration—my attorney said he would see to it, I was to make myself quite easy, it was an attempt to extort money—I don't know whether Dyer had anything to do with it—I suspect he had, but his name did not appear in any way—I have not seen him to speak to him about it.
MR. COOPER, Q. With respect to his per centage, you say he had 1s. 6d. for this? A. Yes; I don't know whether the borrower pays him anything—on 16th April he paid me something on account of the loan—that was when I saw him at Watford—I have a memorandum of it in the book; it was 9s. 6d.
GEORGE BECKWITH BAKER . I am a constable of the Hertfordshire constabulary—I have been stationed at Watford and the neighbourhood for upwards of twenty years—I do not know any such person as Thomas West, of High-street, Watford—there never was such a person within the last twenty years—there is no such place as Aldenham Grove Lodge—there is a Mr. Wood of Woodside Lodge, and there is Hedge Grove Lodge, Aldenham—Mary Ann Nicholls lives there—there is also an Aldenham Lodge, the Rev. J. F. Mason lives there.
Cross-examined. Q. Do you say there is a Grove Lodge, Aldenham? A. There is a Hedge Grove Lodge and Aldenham Lodge, but no Aldenham Grove Lodge—Hedge Grove is about three miles from Watford—there is a James West living in High-street. Watford—I have seen the prisoner at
Watford—he left about three months ago—I saw him there overnight, and in the morning the house was closed—I cannot tell you the date—I was not applied to to look after him, so I took no notice.
JAMES WEST . I am a shop keeper of High-street, Watford, and have lived there upwards of fifty-five years—I know no one of the name of Thomas West in High-street, Watford, and never did, or in Watford at all.
Cross-examined. Q. I believe you knew the prisoner there? A. I think I have spoken to him once—there is no other West at Watford besides myself and my son—I never knew but one other, and that was John West of the "Chequers," and he has left Watford about twelve years.
The prisoner received a good character.—
GUILTY .— Three Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
EMMA WOOTTON . I live at 56, Poland-street—I know the prisoner and her husband—they lived at 1, Union-street, Marylebone—I was there on 23d November—they had some angry words, and I saw them exchange blows in the parlour—the prisoner then ran into the shop—there is a door leading from the shop into the parlour—the prisoner pulled the door to after her—it came open, and I then ran out into the street.
Cross-examined by MR. ORRIDGE. Q. I believe you had known these persons some time? A. Yes; I did not know so much about Mr. Water-field—he was not sober at this time—they had words about some books—Mr. Waterfield struck the prisoner first on the head, and then the blows were exchanged—on her part they were merely the blows that a woman would be able to give with her open hand, and partly in fighting him off—she then escaped through the door into the shop, and pulled the door to, and held it to prevent his following her—he was trying to open it—it came open—I have seen the door since—there is a brass hook on the inside where the deceased was pulling—I did not see the deceased after that night—there was a gas-light in the parlour; that was not turned out—there was a gaslight in the shop—that was being turned off as I passed through the shop—I can't say for a certainty who turned it off—it was not relighted while I was there—the gas in the sitting-room was not put out; it was lighted while I was there—this was between 7 and 8 in the evening—I had not visited them very often—I have heard that they lived very unhappily together when he was drunk—the door opened suddenly when the prisoner let go of it.
THOMASBOYCE (Policeman, E 55). On the evening of 23d November, I was on duty in Union-street—I heard a disturbance inside No. 1, and saw the prisoner and her daughter come running into the street—the prisoner had something in her hand, and was leaning on it—I could not see what it was; her dress hid it from me—she stood outside the door for a few minutes—she then ran into the shop—Mr. Waterfield was coming out from the parlour—the prisoner took up some heavy instrument, I believe the same she had in her hand, and struck Mr. Waterfield on the top of the head; some one or two minutes then elapsed, when the deceased came running out into the street, and shouted "Police!"—I stepped over the road to him, and he said, "Policeman, my wife has struck me on the head"—she was in the shop at the time—she could hear what was said—the blood was running profusely down his forehead and face—I took the deceased into the shop to
see if I had better take him to any doctor, or to the hospital—when I came back the prisoner had disappeared, and I did not see any more of her till the day of the inquest.
Cross-examined. Q. Do you not know that she went to the hospital to see her husband? A. Yes; I saw her there once—the shop they kept was a second-hand clothing shop, or broker's—this occurred about half-past 7 or 8 o'clock—there was a good light in the shop—I believe the gas was alight: I could not swear it—I could see plainly—I am sure it was alight in the parlour, because I took him in to look at his wound—the street-door was open—I did not see the prisoner holding the parlour-door while the deceased was trying to pull it open—I saw her go into the shop—the shop-door remained open.
MR. DALEY. Q. Look at those sticks (several were produced.) A. It was not this, or that; I believe it to be this long piece of iron—after the blow was struck on the forehead, it struck on to the counter, and had a very dead sound with it—I could not swear it was this, but it had more of that appearance than the others.
EDWIN CHAPPELL (Policeman, E 36). I searched the house and shop, 1, Union-street, Marylebone, and found there these things that I have produced—this stick was in the shop; the short piece was in the parlour—this bar was in the shop, and so was the long arm, behind some furniture—it is a thing for reaching down clothes.
Cross-examined. Q. Was there any other bar there? A. No; these were the only instruments that I could find—I brought away all I could find.
JOHN STAPLES . I live at 55, Union-street—I knew the deceased and the prisoner—I saw them on Monday, 23d. November, several times during the day—I saw them about 8 in the evening—I was standing at my shop-door, and heard them quarrelling in the street—I then saw them go into their shop—I heard them quarrelling for some time—presently a policeman came by, and we were talking about them when I heard a dull heavy sound, and about two minutes afterwards I saw Mr. Waterfield come out of his shop calling "Police"—the policeman went up to him—I saw blood on him—a Mr. Kettle, a neighbour, was there—I went into the shop; I did not see any other person in the shop.
Cross-examined. Q. Had you known these persons some time? A. Yes; since they have resided there—I live directly opposite—the deceased was frequently in the habit of getting drunk—I have frequently seen him strike the prisoner, and throw things at her: it was a common occurrence on both sides, he striking and throwing things at her, and she resisting—I might have seen her the worse for liquor, but never like her husband—I saw him when he came back from the hospital that night—he was drinking again in a public-house—I saw him on the Tuesday and Wednesday mornings, he was drinking again—he went to the hospital again on the Wednesday—I am told the prisoner went to visit him there.
JAMES KETTLE . I live at 9, Union-street—on 23d November, about 8 in the evening, I was passing 1, Union-street, and hearing a disturbance I went inside; Mr. and Mrs. Waterfield were having words, one on one side of the counter, and one on the other, when the prisoner turned round and struck Mr. Waterfield with what I should call a stick; it was black—it corresponded with the long arm produced—he bled as soon as he was struck—he then returned into the parlour, and I with him, and sat down on a chair—the blood flowed freely from the wound.
Cross-examined. Q. Was he taken to the hospital in a cab? A. No;
he walked there—the gas was out in the shop at this time, but alight in the parlour—he had been drinking—I should say he was in the act of pursuing Mrs. Waterfield—whatever she struck him with she held in one hand—she was on one side of the counter, and he on the other.
CHARLES EDWARD HERON ROGERS . I am a dresser at the Middlesex Hospital—the deceased came there on 23d November, about five minutes past 8 in the evening—he had a superficial lacerated wound of the forehead, not severe—it was about two inches long—it was made by some sharp-pointed instrument—it was more of a tear than a cut—I dressed the wound, and he left—I saw him on the Wednesday morning afterwards when he was in the ward—I did not see him brought in—I saw him after his death—he died on 1st December, of erysipelas, the result of the wound.
Cross-examined. Q. I suppose with his habits erysipelas was almost a natural result of that wound? A. Yes; it was a superficial wound—I saw the door with the hook on it at the inquest—the wound might have been produced by his falling against the hook on the door.
NOT GUILTY .
MR. DALEY conducted the Prosecution and
MR. ELMES the Defence,
NOT GUILTY .
PLEADED GUILTY .— Confined Twelve Months.
MR. DALEY conducted the Prosecution.
GUILTY .— Confined Eighteen Months.
NEW COURT.—Wednesday, January 6th, 1864.
Before Mr. Justice Mellor.
MR. GREENOAK conducted the Prosecution.
CATHERINE MCCARTHY . I am the widow of John McCarthy—on Tuesday evening, 8th December, I had been out on my walk—I went home between 5 and 6, went into my own room, and Patrick McConvey and John Daley were there—they said they should go and have tea, and went down stairs into Mrs. Keefe's room instead of going home to tea—she lives on the first floor back, and I on the second floor front—my husband was in my room, and I made tea for him and my children and myself—I gave him a cup of tea, which nearly dropped from him—he had a drop taken, but I could not tell how much, as he had been out all day—he said that he wanted to go after Patrick McConvey, but I would not let him—he then told me he wanted to go down stairs—I did not prevent him, for I thought he wanted to go to some private place—I sat down to have my tea, and took my baby in my arms—I heard violent screams down stairs, turned the baby away, and went down with a poker, which I laid down on the landing—I Opened the prisoner's door, which was open before, went in, and saw John Daley holding my husband by the shoulder, in the middle of the floor—I rescued him—I drew him as far as the door, and Daley shoved him—the prisoner then ran
violently to the fire-place, took the tongs, brought them down to the door, and hit my husband with them on the forehead—the one blow made two wounds, and the blood spouted out of his face and the side of his head—she looked sober to me—I took in the poker, which was outside the door, and contrived to get him out at the same time—when he got outside the door he dropped his head; he was not able to hold it up—that was after the blow—I said, "John, you are hurted"—he made no answer—I took him up stairs, got some luke-warm water, and washed his head at well as I could, and the prisoner got a constable, and me and my husband went to the station-house—I do not known how my husband contrived to get there—John Daley and Patrick McConvey were with him—he was at the Police-court two hours, and we were bailed out—we went next day to the Court-house—my husband was let go free, and I was fined 1l. for striking the prisoner's sister, in the defence of my husband—I had struck her with the poker, as she had my husband by the collar of his coat—I mean the prisoner's sister; not the prisoner—I am sure it was the prisoner who struck my husband with the tongs, and not her sister—my husband went home with me from the Police-court—I then went out, milked the cows, and did the walk, and when I came back he was screaming violently on the bed—I put a bread and water poultice to the wounds—I went next day to the work-house for a doctor, but he did not come back—I went two or three times, and then had to go and gather up half a crown to pay a doctor, who came about 11 o'clock, and gave me some lotion and some medicine for him, and I did according to his orders—the doctor attended him till the Monday, when he went into the workhouse—that was the fifth day—he got out of his mind about 12 o'clock at night, and I was obliged to put him into the workhouse, as I was not able to keep him in the house—on the next day, Tuesday, between 8 and 9 o'clock, I got an account of his death.
Cross-examined by MR. LEWIS. Q. When you heard screams did you go down and protect him with a poker? A. Yes—I did not intend to do any harm, but she is very handy at raising a candlestick at other people's heads—I did not see her lying on the floor when I went into the room—I did not strike the prisoner's sister till the prisoner struck my husband—I then rose the poker in defence of my husband—my husband was so drunk that he could not hold the tea-cup—I had not been drinking—I had been out from 1 till 6, doing my work—I did not send for another gallon of beer after my husband was bailed out, and if it was sent for, I did not see him drink any beer that night—after the row was over, and we came back from the station-house, there was a drop of beer sent for—I cannot tell how much, but my husband did not drink that night that I saw—I saw a drop of beer in the room, but cannot say how much, or who brought it, as my baby was screaming.
COURT. Q. Are you quite certain that it was Mrs. Keefe, and not her sister, who struck your husband? A. It was Ellen Keefe—she was not striking at me, but at my husband—her sister had hold of my husband's collar—I was at that time partly inside the door pulling him out—I am quite sure she did not strike at me; it was my husband she made the aim at, and struck him.
PATRICK MCCONVEY . I am a labourer, of 16, Fulwood's-rents—on Tuesday night, 8th December, I was in the prisoner's room—she was sitting down with a child in her arms, when McCarthy came in, and said to her, "Shut your b——y noise"—the prisoner told him to go out—he said he would not before she sent for a policeman to send him out—so then she put the baby
down, and put her hand to shove him out, and he up with his fist and hit her on the head—Mrs. McCarthy came in to pull him out, and John Daley came and put his back to shove them out with him—with that Mrs. Keefe goes to the fire, and takes the tongs, and hit Mr. McCarthy over John Daley's head—Daley is a short man, and she struck at Mr. McCarthy—I afterwards saw that his head was hurt, but not at the moment.
Cross-examined. Q. Had you been in the room the whole time? A. Yes—I had been drinking with McCarthy—I was quite sober; sober enough to know what I was doing—I did not see a poker in Mrs. McCarthy's hand—if she had it, I need not have seen it, for I was sitting at the end of the table—I did not see Honora Brown; the prisoner's sister—I did not see McCarthy knock the prisoner down after he struck her, or kick her when she was on the ground—I will not undertake to say he did not—when the blow was struck, Mrs. McCarthy was at the door pulling her husband out—she was not outside the door; she was inside the room—I cannot tell how far—I was sitting still at the end of the table—Honora Brown was standing on the floor—I recollect McCarthy coming back after he had been bailed out—John Daley brought a gallon of beer in, and I had a little of it.
COURT. Q. Did the deceased drink of it? A. Well, I think he took a little of it—I did not count how many there were in the room to drink it—I had not been drinking the whole of the night before; I had the first part of the night, up to about 12 o'clock—I do not know whether McCarthy had been up drinking the whole night—I did not see him—I was not up most part of the night drinking—I was up till 12 o'clock—I am never up later than 12—I get up in the morning from 5 to 6.
JOHN DALEY . I live at 16, Fulwood's-rents—I know the deceased John McCarthy—on Tuesday evening, 8th December, I was in McCarthy's room, and I went from there to the prisoner's room—McCarthy came in when Mrs. Keefe was sitting by the fire, and said, "Hold your noise"—she told him to go outside the door; she did not want him in—he told her she should send for a policeman to send him out, and she went to the fire and got hold of the tongs—when he saw the tongs in her hand he made in and caught her, and they both fell on the floor together, and when she rose up she had got a mark on her forehead—I caught him, and put him outside the door—he had nothing in his hand when he and she fell on the floor—his wife came and caught him by the collar of his waistcoat, and when we had got hold of him, the prisoner struck him over my shoulder a good heavy stroke on the head with the tongs—she was in a great passion—she had fallen down with him—he got two cuts on his forehead, and the blood spouted out on my face—Mrs. McCarthy had no poker in her hand—she had one outside the door, and she went outside for it, and struck the prisoner's sister with it, who was quite close to the door at the time, holding John McCarthy by the collar of the waistcoat.
Cross-examined. Q. When Mr. McCarthy came into the room was the prisoner suckling her child? A. No; she would not suckle it at that time; she had it in her arms singing to it—I heard McCarthy say, "Hold your b—y row"—he said that she had insulted him that day in Court, and I was with her at the time—after she told him to leave the room, she took up the tongs directly—she did not shove him first—she fell with the tongs in her hand—I mean that she took hold of the tongs before she fell on the floor—I did not see him strike her or kick her—he was uppermost—they were not two minutes on the ground—she screamed, and on that Mrs. McCarthy came into the room—she had not a poker in hand then—the
prisoner's sister was sitting on the bed at that time—she went and caught John McCarthy by the waistcoat, and then Mrs. McCarthy struck her—I mean that Mrs. McCarthy left hold of her husband, and struck the prisoner—I had nothing taken that would injure me—I had been up drinking most part of the night with McCarthy and McConvey—I sent for another gallon of beer afterwards—I had taken nothing to injure me at that time.
MR. GREENOAK. Q. Did Mrs. McCarthy strike the prisoner's sister before or after she struck her husband? A. After—there was about three minutes between her getting up from the floor and her striking the deceased.
HONORA BROWN . I lived at 8, Fulwood's-rents at this time—I am single, and am the prisoner's sister—I was in her apartments on Sunday night, 8th December, when Mr. McCarthy came into the room—my sister said, "Who sent for you?"—he made no answer, and she asked him to go out—he said he would not before she fetched a policeman to send him out, and then he said, "I will not go out before I give you such a b——clip as you never had before in your life"—my sister got up, put the baby down on the floor, and in the act of putting it down, he threw her towards the fireplace, and she fell on the fender—she is married; her husband was not there—he is a labourer—before she had time to recover herself, he kicked her on the temple, and after she recovered herself, Daley pulled the man back, and then the children began screaming—I went to pick up the children, lest they should fall over them, and while I was doing so, Mrs. McCarthy came in and struck me on the head with a poker—the blood got into my eyes, and I could not see afterwards until such time as we went to give him in charge—I cannot say what further happened, I could hear, but could not see—Mrs. McCarthy brought the poker into the room with her.
Cross-examined. Q. How many children has your sister? A. Four—they were all in the room.
COURT. Q. Are you sure, before your eyes were blinded by the blood, that Mrs. McCarthy came in and struck you? A. Yes; it was after she struck me that I turned round and saw my sister with the tongs in her hand, but I could not see what she did—the blood in my eyes came from my own wound, and my sister washed it out.
JOHN MORTON . I am surgeon to the Holborn Union Workhouse—on Monday evening, 14th December, between 7 and 8 o'clock, I was sent for to see the deceased, who had just been admitted into the workhouse—he was quite delirious, his head was very much swoollen, and both eyes closed—he had a wound over the left eye on the forehead—I prescribed for him, but he got rapidly worse, and died between 5 and 6 on Tuesday morning—I made a post-mortem examination, and in my judgment he died from erysipelas of the head, produced from the wound on the eye, and from another wound on the side of the head—the scalp was very much bruised.
COURT. Q. Does erysipelas very frequently arise from wounds of that sort? A. Yes, if not carefully attended—the wounds were not very extensive; they were such as a pair of tongs would make, but the erysipelas was the cause of death—if he bad been attended to immediately, his life might possibly have been saved—he had also disease of the lungs, and of the kidneys, both of which would make the erysipelas more likely to be fatal—drink would be likely to make the erysipelas worse—his drinking before he received the injury would render him more likely to have erysipelas from the wounds.
Cross-examined. Q. And I suppose to a greater extent if he drank afterwards?
A. Yes—walking through the streets with a wound like that would not have a tendency to produce erysipelas, but exposure to cold would.
COURT. Q. Was the cause of death erysipelas from the wound? A. Yes—not from the lungs or kidneys; but that produced a weakened frame.
GUILTY.—Recommended to mercy by the Jury on account of the extreme provocation. — Confined Two Months.
MR. NICHOLSON conducted the Prosecution, and
MESSRS. LEWIS and GRANTHAM the Defence.
CHAMBERLAIN and PECK— GUILTY .— Four Years' each, in Penal Servitude.
OLIVER— NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
THIRD COURT—Wednesday, January 6th, 1864.
Before Mr. Common Serjeant.
196. JAMES HILL (28), and JOHN THOMPSON (28), were indicted for burglariously breaking and entering the dwelling-house of Henry Stokes, and stealing therein 81 boots and other articles, value 40l. his property.
MR. ORRIDGE conducted the Prosecution.
HENRY STOKES . I am a boot and shoe maker, of Coventry-street, Leicester-square—I live over the premises—on the night of 2d December, the premises were locked up about a quarter or twenty minutes past 8—I took the keys up stairs myself—at 8 o'clock next morning, the servant came up and knocked at my bed room door, and said, "The shop-door is open"—I jumped out of bed and ran down stairs—I found the door-post had been cut away, soap had been placed there to deaden the noise, and the bolts of the locks had been forced back—I missed twenty-seven odd boots, fifteen pairs of spring and lace boots; three or four pairs of Wellington boots, four dozen fronts for Wellington boots, and a quantity of leather and kangaroo skins—I have since seen portions of those things produced by police-constable Ackrill and others—I have identified that property as mine; they have my name at the bottom.
WILLIAM ACKRILL (Police-sergeant, F 48). On 3d December, the day after the burglary, about 3 o'clock in the afternoon, I was on duty in Newton-street, Holborn, in plain clothes—I saw the two prisoners and another man not in custody coming down Charles-street, Drury-lane, into Newton-street—I watched them, and they all three entered Thompson's house—Hill was carrying a sack of boots, and the other man, not in custody, had some under his arm—I saw the boots sticking out of the sack, which was full of
holes—I waited some time for assistance, and then entered with the constable on the beat—he is not here—I waited about ten minutes—I went into the second-floor back, where Thompson lives—under the bed I found the sack of boots, which I had seen Hill carrying, and on the bed four boots—neither of the prisoners or the other man were there—I heard they escaped by the back; they must have escaped at the back—I next saw Hill on 14th December, the day he was taken by Shore—I said something to Shore, and be took him—I next saw Thompson in Windmill-street, about 7 o'clock on the night of the 18th; he saw me, and ran away—I chased him a long distance, nearly into Marlborough-street, and stopped him in a court running out from Marlborough-street—I told him I took him for a burglary at Mr. Stokes', and stealing boots—he made no reply, and I took him to Vine-street police-station—I took possession of the sack and the boots, showed them to Mr. Stokes, and he identified them as his property.
Cross-examined by MR. RIBTON (for HILL). Q. What distance were you from these men when you saw them first? A. Just across the road, about eight or nine yards; I was on one side of the street, and they the other—I examined the back part of Thompson's house—there is not a very high wall there; it is a very low wall, leading to the backs of the houses in Charles-street—I know the people who live in that house, but not their names—knowing Thompson, I waited for assistance—I knew they would go into his room—I had them in sight about five minutes; I saw them coming down Charles-street, and I got back in a doorway out of sight—the house they entered was only just across the road from where I was, it is very narrow there—there were some children playing about—there was no vehicle of any sort passing while I was watching—I swear that—at the time I found the boots in the room, I took Thompson's woman into custody for unlawful possession—I have not taken any man besides the prisoners—there was only one woman taken up—Shore apprehended Hill—it was a very clear day on 3d December, not the least foggy, that I noticed—there may have been a woman and a man or two in the street—I was paying attention to the prisoners—Hill had the sack over his left shoulder, and his hand up to it—he turned round the corner to the left with his right hand to the kerb-stone, and when he turned out of Charles-street, his right hand was still to the kerb-stone—there was not one constable about, or I should have entered directly—I swear that I only took one woman.
Thompson. Q. When you entered the house, how many women were there? A. Only your woman—I met Julia Starling in the house—I did not take her down to Bow-street—I told the Magistrate that this woman lived in the house with you, and that I had found the boots in her room—I know you live with her, because I have seen you there when I have come in to search the room—I have been by myself when you have been there—Shore went with me on one occasion when you were in the house.
MR. RIBTON. Q. The charge at Bow-street was against the woman? A. Yes; the men were not in custody—I did not then say one word about the men carrying the boots, because, if I had, I should not have seen them here—they must have seen me, or heard that I was coming down the street—my reason for not saying anything at Bow-street about seeing the men carrying the boots is, because I don't think I should ever have found them if I had stated that in open Court—I did not give it in evidence—I told the usher, and I afterwards told the Magistrate—I merely gave evidence sufficient for
a remand—I told the Magistrate that the woman lived with Thompson; but I did not tell him that I saw Thompson carrying the boots in.
MR. ORRIDGE. Q. How many days after you took the woman, did you take the prisoners into custody? A. Hill was taken on the 14th, and Thompson on the 18th—I did not see Hill before the 14th, or I should have taken him at once.
JOHN SHORE (Police-sergeant, F 11). On 14th December, about 12 o'clock, I was in Stacey-street, St. Giles's—I went to No. 14, and there found Hill in the first floor back room—I told him I wanted him for burglary—he asked me where it was—I said, "In Coventry-street"—he said he knew nothing about it.
Thompson. Q. Have you ever seen me in Newton-street? A. Yes, about two months ago—I went for the purpose of making some inquiries, and saw you there.
WILLIAM GORDON (Policeman, A 323). On 2d December, I received information of this burglary—I went and found that the place had been broken open—the outer door had been unlocked and the inner door—the wood was cut away from the post and soaped, and then pushed back—I communicated with Shore and Ackrill, and traced out some of the property—on 4th December, I went to Newton-street with Ackrill, to the room where Thompson was living—I had not known him to be living there—I had seen him in the neighbourhood—I found two skeleton keys there—I did not find any boots—on 5th December, about 4 o'clock in the afternoon, I saw Hill and the other man—Hill saw me, turned round, looked at me, and they ran away; I followed them into Monmouth-court, and they got away—I did not see Hill again till he was taken.
Cross-examined. Q. Where was this that you saw him? A. On the Five Dials—I was not in uniform—I was about fifteen or sixteen yards from him—it is pretty crowded there—I was looking after him—I did not call anybody to assist me when I ran after him—there were no policemen there.
ALFRED SANDERS . I am in the service of Mr. Boyce of Theobald's-row—I produce a pair of boots pledged for 8s., on 2d December, in the morning, in the name of Thomas Lambert—to the best of my belief the prisoner Thompson pledged them—I can't swear positively.
Thompson. I wanted the sergeant who apprehended the woman. He is not here; it was a sergeant in private clothes.
Thompson was further charged with having been before convicted of felony at this Court, on 18th August, 1862, in the name of John Read, to which he
PLEADED GUILTY. †— Six Years' Penal Servitude.
HILL.†— Confined Twelve Months.
The Court ordered a reward of 2 l. each to be given to Ackrill, Gordon, and Shaw, for their diligence in the case.
MR. STARLING conducted the Prosecution.
SUSAN FRANCIS . I live at 5, Davis-court, Chequer-alley, Bunhill-row—between 9 and 10 o'clock at night, on 10th December, I was coming out of a house with a strange man, and the prisoner saw me—he did not approve of it, and he came up to me, and struck me on the forehead—I don't know what with—it was a violent blow, and I fell down—I then got up, and was trying to get into the house again, away from the prisoner, and he stabbed me twice in the back—the first blow, on the forehead, rendered me insensible—I afterwards found I had two stabs on the back—he had a knife in his hand, because I saw it afterwards—when I recovered I found myself at my aunt's—I was afterwards taken to Old-street station-house, and from there to the doctor's—I could not move my arm for nearly a week. The prisoner was very drunk at the time.
COURT. Q. Did he say anything when he did it? A. No—I had known him before for some years—I had lived with him for four months up to that time, the 10th of December; not at the house out of which I was coming, at another house—I had not broken off with him at all—we had no words—I had been to this house with this other man to go with him—he was a strange man.
ALICE JACKSON . I live with Mr. Griffiths in Golden-lane—on 10th December, between 9 and 10 in the evening, I was at Mrs. Lloyd's house, where Susan Francis was—she was going out of the house with a man—I was in the passage, and as she went out, she was knocked down by the prisoner—after she was down, he struck her several times, and she fainted—the prisoner had nothing in his hand when he first hit her, but afterwards he had a knife—I cannot tell which hand it was in—he struck her on the forehead with it, and as she ran in the passage, she was stabbed in the back twice—the prisoner dropped the knife at the bottom of the stairs, and I picked it up—he then went out into the road, and some men quarrelled with him, and he went away—he afterwards came back again to the corner of the street and was given into custody—Susan Francis bled very much; more from the shoulder—I took her to her aunt's, and she was afterwards taken to the doctor's—the prisoner was very much intoxicated.
Prisoner. At the police-court she said she was up in the room where the young woman came out of.
Witness. I was standing between the parlour-door and the street-door—I was not in the room with Susan Francis—I was in the passage taking a candle from her hand—the house is a brothel.
City-road, and took the prisoner into custody—he said, "I stabbed her with a knife"—he appeared excited at the time—he did not appear the worse for liquor—I received this knife (produced) from a bystander.
Prisoner. You know I was much the worse for liquor when you took me, and a man outside hit me in the nose.
Witness. He made a remark at the time, that he saw her coming out of the house with a man.
JOHN BUBBERS MATHER . I am a surgeon of the G Division of police—I saw the prosecutrix—my assistant dressed her wounds on the night of 10th—I examined her the next day; she had a punctured wound on the right side of the forehead, and a wound on the back of the neck, and another wound over the left blade-bone, which was an inch and a half deep—they were all punctured wounds, from which I had no doubt she must have lost a great deal of blood—the wound on the forehead was somewhat dangerous, inasmuch as I think the bone was penetrated by the instrument which had caused the wound—she was under my care for ten or twelve days, and she went on well after that—the wound Jon the forehead was the only one that would endanger life, and that could only have been dangerous if erysipelas had set in—it would have been dangerous if it had been a little deeper.
COURT. Q. As it did not go any further, the only danger was erysipelas? A. Yes, and the inflammation set up on account of its having penetrated the bone—the one in the neck was not at all dangerous, and the one on the scapula was only through the fat—those wounds would be produced by such a knife as this—I think there must have been considerable force used, especially with the wound on the forehead; as to those on the back, if she was running away, trying to escape them, that would diminish the force of the blows.
Prisoner's Defence. I was very much in liquor. I did not know I had a knife in my hand.
GUILTY on the Second Count.—Recommended to mercy by the Jury and prosecutrix, but the Court elicited from the prosecutrix that she had led a life of prostitution, to the prisoner's knowledge, for the four months she had lived with him, and had kept him upon the proceeds.†— Five Years' Penal Servitude.
Before Mr. Common Serjeant.
WOODGER PLEADED GUILTY .**— Confined Eighteen Months.
MR. COLERIDGE conducted the Prosecution.
ELIZA HILSDEN . I live with my mother, who keeps the Alma Tavern, Plumstead-common—on 12th December, about 12 o'clock, the prisoners came in together—I did not notice them speaking together—Woodger asked me for a pot of ale, which came to sixpence, and gave me a bad crown—the other two prisoners had gone into tap-room, but the door was open, and they could hear what took place—I told him it was bad—he said, "I am very sorry, I hope not"—he hurried round to Gray and Sullivan, who had just come out of
the tap-room, and asked Gray if he had sixpence to lend him—Gray gave him sixpence, which I afterwards received—I bit the crown, and returned it to Woodger—they drank the beer to, and all left together.
WILLIAM LORKING . I am landlord of the Earl of Warwick, at Welling—on 12th December, at a little before 4 o'clock, Woodger and Sullivan came in together—it was dusk—Woodger asked for half a quartern of gin, and tendered a shilling—I put it in the till—there were three or four other shillings there—I gave him sixpence and 31/2d. change—they both drank of the gin, and left the house together—a policeman came in immediately—I then looked in my till, and found that the top shilling was bad—I had put nothing else into the till afterwards—I gave it to the policeman—I live a mile and a half or two miles from Plumstead-common.
JAMES HAMLIN . I am a carpenter—on 12th December, at a little before 4 in the afternoon, I was at work in Welling-road; heard something, looked up, and saw Woodger running towards me and a policeman following him—he put his hand in his trousers pocket, took something out with his left hand, which he appeared to be putting into paper—I saw some coin in his hand which looked like silver—it was partially in paper—he threw it across the road, over the fence, into the Park—I was about two yards from him—I stopped him, and a policeman came and took hold of him—I afterwards got through the fence, and found five half-crowns in paper, and two loose, a crown, and two shillings, and gave them to the policeman.
WILLIAM BROMAGE (Policeman, R 110). In consequence of information I received on 12th December, I went to the Welling-road, and after waiting some time, saw the three prisoners together, coming into Welling from the direction of Plumstead—I followed them-through Welling, got on a van, and passed them—I lost sight of them for a few minutes—I got off the van, and when they came up to me, I stopped them, and said that I believed they were the parties I wanted for tendering a five-shilling piece, at a public-house on Plumstead-common—Woodger and Gray said that they knew nothing about it—I told them there was a person close to them who would be able to prove that—on that they all made a start in one direction—I caught Gray and Sullivan, gave them to two civilians, ran after Woodger, and saw him throw something across the road—I took him, and Hamlin brought me this money (produced)—here is a crown among it, with a mark on it, and I picked up this other crown at the same spot—I took Woodger to the station, searched him, and found 5d. in copper, and a 6d. in good money, and on Sullivan a four-penny piece, and sixpence in halfpence.
Sullivan. I never attempted to run; I remained where he stopped me. Witness. You did.
Gray. You ran after Woodger, leaving me and the woman by ourselves. Witness. That is not true.
Gray's statement before the Magistrate: u I was walking along the road with this woman Sullivan, and Woodger met us; we got into conversation together, and he asked us to have a drop of something to drink; I said I did not mind; I said I had travelled the country; he went into a public-house, into the tap-room, and called for a pot of sixpenny ale; he brought it into the taproom, and he and the young lady were disputing about a five-shilling piece; he asked me to lend him three halfpence; I lent him sixpence; he gave it the young woman to pay for the ale. We came out, and went on
the road towards Welling; he asked us if we would go in and have anything more to drink; I refused, and I went some distance on the road by myself; they overtook me again; the police constable then stopped us"
Sullivan's Defence. This man is quite a stranger to me; I went into the public-house with him, but do not know what he put down; I had no bad money found on me.
Gray's Defence. I and this young woman were on the road together; we had been tramping together, and were going to Deptford; we met this man and got into conversation with him; he said he would treat us, and me and the young woman went into the tap room. We could not hear what he said only that he was disputing with the young lady; he asked me to lend him three halfpence; I did so, and we came out and walked on the road; the woman left us, and joined us again. He asked us to go into another public-house; I refused, but the woman went, and I went on by myself; they overtook me again, and the policeman stopped us a few minutes afterwards; he is a perfect stranger to us.
SULLIVAN and GRAY— NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
MRS. WHITE. I am the wife of William White, who keeps a refreshment house at 94, High-street, Woolwich—on 22d December, the prisoner came in for two pennyworth of pork, and put down a shilling—I said that it was bad—he said that I was labouring under a mistake—I put it into the test, and showed him that it was bad—he said that I could not tell by that, and he could bend a halfpenny by that if I would allow him—I said, "You tried to pass a bad two-shilling piece on me, five or six weeks back"—he denied it, but said that he might have been in the shop if he wanted anything—I told him he had passed bad money to me several times before—he said that he could prove he never did such a thing, and that he took the shilling in change for a half-sovereign—less than three months before, I had served him with 3/4b. of pork, and he gave me a half-crown—I gave him change, and then said, "You have given me a bad half-crown"—he said, "Well, don't holloa; a bad half-crown will sound hollow, but I have got plenty more"—I gave it to him back, and he gave me a good one—I cannot positively say whether he came again, but I took another—I am not certain from whom—I gave the bad shilling to the policeman.
Cross-examined by MR. COOPER Q. Do a great number of people serve in the shop? A. I serve principally—we have forty or fifty customers a day; sometimes more—I wear glasses, and always have them on in the shop.
GEORGE SMITH (Policeman, R 202). I took charge of the prisoner on 22d December, and received this bad shilling—the prisoner said that he was not aware it was bad—I asked him how many he had—he produced four half-crowns, three shillings, and 3 1/2d. in halfpence—I asked his address—he said some turning out of the Dover-road, but he could not recollect where—the prosecutrix also gave me these two half-crowns.
NOT GUILTY .
MR. WOOD conducted the Prosecution.
loin of mutton lying on the right of the slab—about half-past 7 the prisoner came in for a mutton chop—Walter Gardner served him—the servant told me something, in consequence of which I went to the glass door, and watched, and as the prisoner stood sideways, and Gardner was going to the scale, I saw the prisoner put some meat from the slab into his pocket—I saw directly that it was meat—I called the foreman into the shop to see what he could miss, and I afterwards missed the loin of mutton, which I had noticed on opening the shop in the morning—I knew it, because it was a Scotch loin, and it was rather stained—the ostler and I and Gardner went to the Fox and Hounds, from information we received—we saw the prisoner, about five minutes afterwards, coming out at the door, and as soon as he saw us coming, he rushed back again—we went in, but finding he had not got it on him we let him go—we fetched him back to the shop pretty nearly ten minutes after the mutton was taken, and searched him, but nothing but the mutton chop was found on him.
Cross-examined by MR. COLLINS. Q. Were there a good many loins of mutton in the shop? A. Only eight—I paid particular attention to this one, because all the gravy had run from it in the night, and made the slab bloody—this was between 7 and half-past—the prisoner was six or seven yards from the glass-door—I looked through, across a court—the man who was serving him was there all the time—I know nothing of the prisoner, except his coming in as a customer—he paid for the chop—I will swear that it was not his pocket handkerchief he put into his pocket—I saw him wrap the chop in that—a loin of mutton will cut eight chops, and then there is the tail-piece—it was a short thick piece of mutton—I did not like to rush up to him and say, "You have got my meat"—I do not know why I did not run and seize him—I was certain he took something—he crossed the road to a baker's shop, came out, and went into the Fox and Hounds, which is about 100 yards off—he had passed our shop again to get there—I could have watched him the whole way—a man told us he had gone into the Fox and Hounds—he is not here—the man who found the mutton is a cabman, and works in Mr. Rutledge's yard; which is next door to the Fox and Hounds—the place where the mutton was found, is on the left, about four yards from the door, but Mr. Rutledge's yard lies on the right, and the Fox and Hounds on the left—I have not brought the man who found it, and who lives next door—if anything was thrown over from Mr. Rutledge's yard, it would pitch into the yard of the Fox and Hounds.
MR. WOOD. Q. If it was thrown, do you think it would go into that place? A. I cannot say, because I do not know the yard well enough—I have no doubt that the thing which was put into the pocket was meat—I can say that he put meat of some kind into his pocket—I could not tell what part it was, and called the foreman to see what he missed, as I wished to be certain before I took steps against the man—it was after he put the meat into his pocket that he wrapped the chop up in his handkerchief, and put that into his pocket—there was sufficient light for me to see plainly what was going on.
COURT. Q. When he turned round had he the handkerchief in his hands? A. He had laid it on the slab, and picked it up—that was the same slab on which the meat had been—I saw him come to the place where the chop was, with the handkerchief in his hand.
WALTER GARDNER . I am in the prosecutor's service—on the morning of 30th December, some time after 7 o'clock, I weighed a chop for the prisoner—I stood by the scale sideways to him, so that I could not see what he was
doing—I did not see him take the meat—he was dressed in a short jacket, with very large pockets inside, and cord trousers and waistcoat—I looked at his pockets the same morning after he was brought over; I think they would hold a loin of mutton—I went over to the Fox and Hounds, and saw the prisoner coming towards the bar—I was there when they first went—I saw him before I got in—he appeared to be coming straight to us from the back part of the house—I did not notice Pickett there then—I afterwards saw the prisoner searched, and a mutton-chop found on him.
Cross-examined. Q. Did he pay for the mutton-chop? A. Yes; I was sideways, partly opposite the glass window—I did not see the meat found; I went and fetched it—I have been at the prosecutor's two months—I do not know the surname of the man who was there before me, or what he left for.
COURT. Q. Was the chop in one of his pockets? A. Yes; I saw him put it into his right pocket—he was standing close to me—he took it in his hand, wrapped it up in his pocket-handkerchief, and put it into his right pocket.
MR. WOOD. Q. Do you know the other man? A. I know him by being about there; he is a cabman.
CHARLES PICKETT . I am a labourer, of Willow-road, Sydenham—on 30th December, between half-past 7 and 8 o'clock, I was sweeping in front of the Fox and Hounds, and saw the prisoner come back from there, but did not see him go in—the potman asked me to sweep up the front—I told him I would, but I had not been there long when I went in, got in front of the bar, and had a pint of beer—I then saw the prisoner come from the backyard of the Fox—he had a pilot-jacket on—I saw two persons come in; they said that the prisoner had got something in his pocket which did not belong to him, and they took him out of the house—in consequence of what was said, I went out into the backyard, as I had heard that Mr. Kush had lost a loin of mutton—I did not see anything, but another man found a loin of mutton in the urinal—I went behind the urinal—that man had not been there long—I saw him pick it up—the butcher's boy came and he said, "Is this your loin of mutton?"—the boy said, "Yes."
Cross-examined. Q. Did he go straight through the watering-place and pick it up? A. Yes; he went through the house as if he was going to the watering-place—the wall between the urinal and this cab-yard is about six feet high—there are two gates, one of which is only open once in three weeks or a mouth—John Welch found the mutton—I have not seen him these two or three days—he was employed in the cab-yard.
MR. WOOD. A. Had the gates of this yard been open before this? A. Not for a fortnight before—they are folding-gates, six feet high.
WILLIAM RUSHWORTH . I am foreman to Mr. Rush—on the morning of 30th December, I was fetched into the shop by John Hicks, and missed a loin of mutton, which I had seen safe about two minutes before—I had only just gone out of the shop—I have seen it since—I know it by it being Scotch mutton, and by the suet being half cut away from the inside.
Cross-examined. Q. Who had been serving in the shop that morning but you? A. Nobody—the maid-servant never serves; she watches the shop—she is here.
COURT. Q. Do you know where the mutton layed? A. On a slab by the window—nobody could take it from the outside; it would be impossible without coming inside, as it was four or five feet from the window.
ELIZABETH BOVENEY . I am servant to Mr. Rush—I went into the parlour about 7 o'clock, and came out about half-past—no one but the prisoner was in the shop while I was there—I do not know when the shop was opened—I did not go out till the prisoner had been in—I saw him come in, and as I was getting up to call one of the men to come and watch him, I heard Gardner come in at the side door—I went into the kitchen and sent another man to watch.
Cross-examined. Q. What were you doing in the parlour? A. Cleaning it up—I was not examined before the Magistrate—I was subpoenaed by his orders.
JAMES GILMORE (Policeman, R 167). I took the prisoner on the morning of 13th December—he had on a coat something in the shape of a shooting-coat, with very large pockets in the skirt, extending from the front down to the back seam, and going down to the bottom of the skirt—this loin of mutton (produced) would go in quite easily.
Cross-examined. Q. Is the barmaid here who served the prisoner with beer? A. No; I have seen her, but have not brought her.
The prisoner received a good character.
NOT GUILTY .
MR. DALEY conducted the Prosecution.
RICHARD MOORE . I am twenty-two years old, and am a labourer—on Monday, 20th December, about 1 o'clock in the night, I was in John-street, Deptford, going home—I was the worse for liquor—I met the prisoner, who I had never seen before—he pushed against me in the road—I asked him what he was doing—he said he would tell me if I stopped—a constable came up, and I told him if he did not go on he would lock him up—I walked on, and he walked in the same direction—when I got to the bottom of John-street he struck me on the forehead, and cut the peak of my cap right in half (produced), but my forehead was not cut—I then pushed him in the chest—a policeman came up, and he said he would watch him—I went on towards Creek-road, and the policeman was behind—the prisoner called me over, and I had one foot on the kerb, he being five or six feet away from me—he rushed at me, struck me in the throat, and I felt that I was cut, but saw no knife—I called "Police," and fell on the ground—I called out that I was stabbed, and the policeman tied a handkerchief tightly round my neck twice—I went into Guy's Hospital on the 20th, and came out on the 31st.
Prisoner. I do not remember anything about it; I was drunk.
ALFRED JOHN CROUCH (Policeman, R 92). On Sunday morning, 20th December, I saw the prosecutor at the corner of John-street, Deptford—he was very drunk, and I advised him to go home—I saw the prisoner and another man bidding one another good morning—the prosecutor came staggering along—the prisoner went to him, and wanted to fight—I told him to go home about his business—I kept him in front of me to the corner of the Creek-road where the prosecutor came up, and wanted to know what he meant by insulting him—they exchanged blows, I got between them, and told the prisoner if he did not go home I should lock him up—he then called the prosecutor across, I advised him not to go across, but he did, and immediately sung out, "I am stabbed"—I picked him up, and found blood gushing from his throat—I tied his neck-handkerchief tight, and sent
him to a surgeon—I then went and apprehended the prisoner—he was the worse for liquor.
WILLIAM LEONARD COSS . I am house-surgeon at Guy's Hospital—the prosecutor was brought there with an incised wound on the right side of his neck, about two and a half inches long, apparently made by a sharp instrument—I think he had lost a good deal of blood—the small arteries were divided—he was under medical treatment nine or ten days—the wound is quite healed now.
COURT. Q. How far from the great artery was it? A. Right across it, but not deep enough to wound it by an eighth of an inch—the walls of the main artery were exposed.
Prisoner's Defence. If I was sober I should not have done it.
GUILTY .— Confined Twelve Months.
203. JOHN RUSSELL**(18) , to stealing a cask of butter, the property of William Stephen, Charles White Basset, and others, his masters.— [Pleaded guilty: see original trial image.] Confined Fifteen Months. And.
204. CHARLES FOSTER (a soldier) (28), to feloniously being at large before the expiration of the time for which he was sentenced to be transported.— [Pleaded guilty: see original trial image.] Three Year's Penal Servitude.
Before Mr. Recorder.
MR. DALEY conducted the Prosecution.
ROBERT CUTHBERT . I keep the Roupell Arms, Lower-road, Charlton—the prisoner has been in my employ as ostler since 15th October, last—on Tuesday night, 22d December, about 11 o'clock, I fastened the house up, and the prisoner went to bed about five minutes past 11—I saw him go up stairs—I went down in the cellar, and was there till half-past 11—I locked the door, put the key in my pocket, and saw that the cellar-flap was safe—the prisoner slept at the top of the house, over my bed-room—no one else slept in the house that night, but myself, and my wife, and the prisoner—I was down first the next morning, and I let in Mary Homer, a charwoman, at twenty minutes past 7—she was in the habit of working for us—I unfastened the front door, took down the shutters, and lighted the fire in the bar—I then went down the kitchen stairs, which is level with the cellar, and found the cellar-door ajar—I went into the kitchen and saw that the window was fastened, and then went up stairs again—the lock of the cellar door was taken off inside—I did not miss any property then—about ten minutes after, I missed the contents of some bottles which had been emptied—they had been full—they were placed on the floor; my cask of rum was nearly empty—it had been three-parts full—nearly three gallous of gin had been taken out of the gin cask—there was a wooden partition between the rum and gin casks, which had been removed—no one could pass before they removed it—it was pulled out at the bottom, and some one had passed through—there was no mark on the casks—they had been shifted—there was a tap to both of them—the kitchen windows and doors were all the same as I had left them the night before—I went up stairs again, and about a quarter to 8 the prisoner came down—I said to him, "Have you heard anything about the house to-night, William"—he said, "No"—he then went out into the back yard, into a little lobby place
he has there—I followed him and said, "William, I demand your keys"—he said, "You don't suspect me, do you?"—I said, "I don't suspect any one"—he then came out and gave me his keys—I had not told him then that I had missed anything—I had told no one, not even my wife—I afterwards missed two legs of pork, a loin of mutton, and half a cheese out of the cellar and kitchen—I searched all over the house; there was no window broken, or anything the matter—I found this funnel (produced) in the evening, under the rum-cask; it belongs to me—I lent it to the prisoner about six weeks before the robbery; I can't say where he took it to—he did not tell me what he wanted it for—I never saw it again till I found it in the cellar; I asked him for it once, and he said he would bring it back, but he never did—there were three iron bars removed in the area at the back—they were fastened in the window frame over the kitchen area—the nails were taken out at one end and not at the other—there was a loose post there which had become green from being exposed to the weather, and that had been used to force the bars up—afterwards, when the constable was searching the prisoner, I saw that his trousers were green—he began to brush it off, and the constable stopped him—the constable said, "What is this green on your trousers?" and he said, "I fell down on Saturday night"—he was given into custody about half-past 10 on the morning of the 23rd—I went with the police to the garden at the rear of the house, and noticed some footmarks for some distance, leading from my house into a market garden near—the constable took the prisoner's boots off in my presence and made an impression beside the footmarks in different places—they corresponded exactly—I am positive the funnel was not in the cellar over night—after I had been to bed some little time, I fancied I heard a noise on the landing, and spoke to my wife about it—I did not hear anything more, I thought it was the wind, and went to sleep.
Prisoner. Q. Was not the funnel you lent me smaller than that? A. This is the very funnel—I have had it for years—I had a smaller one, but it was not in the bar at the time, and that one has a long spout to it—I am positive this one was never returned.
SAMUEL LYNN (Policeman, R 159). I took the prisoner into custody—I took off his boots and went with Sergeant Monk and the prosecutor into the garden—I saw footmarks and made impressions near them with the boots—they corresponded in every respect, even to the nails—you could count the nails on the outside of the boots—after I took the prisoner I saw a green mark on his trousers, apparently made from a post, five feet long, which had been used to force the bars over the area—the post was standing in the garden at the rear of the house—this is a piece of it (produced)—the area is four feet ten inches deep, and is covered with dead leaves at the bottom—whoever broke the bars did not go further into the house as far as I saw—the area was whitewashed, and no one had got in or out—I am confident no entrance was effected from outside of the house; somebody had gone out of the house from the back door, where the footmarks were traced from—there was no key to that door; it was only fastened with bolts and bars and a bell put on—there were no other footmarks except those that corresponded—when I saw the green on the prisoner's trousers, I said, "How do you account for this?"—he began to rub it off—I stopped him till the others had seen it, and then he said, "I fell down on Saturday."
Prisoner. There is all manner of footsteps there from the market garden. Witness. These were at the side of the hedge—no other person had been there apparently for weeks—it was planted over with small gooseberry
plants—it was soft ground; garden ground—I am positive the marks corresponded with his boots—I am a shoemaker by trade, and have a little knowledge of what impression a boat would make.
THOMAS MONK (Police-sergeant, R 1). On the morning of 23rd of last month, I went with the last witness to search Mr. Cuthbert's house—I feel quite convinced that no entrance was made from outside—I saw three bars over the kitchen area which had been removed at one end—there were a great many dead leaves and dirt at the bottom of the area, but there were no marks of their having been disturbed—I saw the last witness compare the prisoner's boots with the footmarks—they corresponded exactly—I saw the green on the prisoner's trousers—he tried to rub it off.
JOHN THOMAS FRANKLIN . On Wednesday, 23rd December, I went with the prosecutor into his cellar, and saw him find this funnel under the rum-cask—there was some sand round the rim and the nose part of the funnel which corresponded with the sand which was in the prisoner's shed where he keeps his corn, on the right-hand side of the house—the funnel smelt of spirits—I could not say what, rum or gin, I should think—I saw a green mark on the prisoner's trousers, and saw him try to rub it off—I went with Sergeant Monk and saw the footmarks—they corresponded in every way.
Prisoner. You did not go out to see the marks at all. Witness. I went after you were taken to the station.
MARY ANN HOMER . I am a charwoman, and work at the Roupell Arms—I came there about a quarter past 7 on the morning of the 23rd—Mr. Cuthbert let me in, and I had some conversation with him—I saw the prisoner that morning about ten minutes to 8—he came into the bar, went to a cupboard there, and took out a large glass with something in it, which looked like gin, and as he drank it, his hand trembled very much—I did not say anything to him then—I afterwards went out into the back yard and said, "This is a pretty job, Bill; how did they get out?"—he said, "The house where I was at Bexley-heath was robbed, and they did not find it out"—that was all he said.
Prisoner. The gin I had with a man who works there, and I left it there over night.
The prisoner's statement before the Magistrate: "I know nothing about the robbery."
Prisoner's Defence. I went to bed about five minutes past 11, and got up at twenty minutes 8, and came down stairs. Mr. Cuthbert said, "William, did you hear anybody in the cellar in the night?" I said, "No." He said, "There has been some one." I said I did not hear any one, and I went about my work, and after breakfast he came to me and said, "William, I demand your keys; there is something about this I don't like." I said, "I hope you don't accuse me?" and he said, "I have no suspicion of any one." As for the footmarks, people got there all hours of the day and night too. I am as innocent of the robbery as a child unborn. I knew no more where the spirit cellar lay than I did where this Court was. I never was inside the cellar—the tap room window is always left open, any one could get in there; it was not locked for a week and three days before this night, and the landlord says it was fastened that night.
ROBERT CUTHBERT (re-examined) There is a tap room window—it is fastened every night with a screw into the window-frame—it is not unfastened once in a month, unless the room smokes, and then it is lowered—I am positive it was fastened on the night in question—it was not unfastened that night at all—I always stop up after my wife has gone up stairs, to see
that everything is safe—I can't say the character the prisoner had borne before I took him—I took him from the other landlord when I took the house, on 15th October last—I did not hear anything against him—he had only been with him a month or six weeks.
NOT GUILTY .
MR. DALEY conducted the Prosecution
HANNAH DAVIS . I am the wife of James Davis, of the George public-house, Greenwich—the prisoner was potman—he had authority to receive money from our customers on my husband's account—it was his duty to pay the sums received over to me—on Saturday, 19th December, Mr. Essex was a customer of ours, and was indebted to us 3s. 7 1/2d.—the prisoner had authority to receive that sum—he did not account to me for it—he left my service without my knowledge entirely, on the same evening, 19th December—he was missed at half-past 5 in the afternoon, and did not come back—he had not spoken to me before he left, or said that he was going to leave—he always accounted to me—my husband was only at home morning and evening—I have the entire management of the business.
JOHN ESSEX . I live at 1, Charles-street, Deptford, and am a sawyer—I deal with Mr. Davis—on Saturday, 19th December, I paid the prisoner 7s. on his own account, and 3s. 7 1/2d. on Mrs. Davis's account—I got a receipt from him—I have it here—he made a mistake and receipted it for 5s., but I did not notice it till going home, and I said if I wished to be a rogue, and to have cheated him out of this, I could have done so.
WILLIAM ANDERSON (Policeman, R 263). I took the prisoner into custody in Trafalgar-road, Greenwich, on the evening of 22nd December—I told him it was for receiving and not accounting for the sum of 3s. 7 1/2d., the money of Mrs. Davis, his employer—he said, "I took the money, but I did not pay it, as I had other moneys due to me which I bad not received"—I said. "Why not have paid the money due to Mrs. Davis, when you had received it on her account?"—he said "I wished to pay it altogether"—I then took him to the station.
COURT to HANNAH DAVIS. Q. Were there any moneys due from you to the prisoner? A. From the prisoner to me—he had been in my service about three months.
Prisoner's Defence. I had no intention of dishonesty when I went away. I had a deal of money owing to me, and I went down the town to see if I could get it. I was not successful, and I did not like to go back. I stopped away till Monday morning, and then I wrote a letter to Mrs. Davis, asking her if she could give me a week or two, and I would try and settle up—on the Tuesday I came down to see Mrs. Davis, and as soon as I got into the town the officer took me. I said I was going up to see Mrs. Davis, to see if I could arrange with her. Mrs. Davis came down to the station. My mother offered to pay 8s. down, and 4s. she had in hand of mine for wages, but she would not accept it. I wished to pay, and would have done so, if I had bad time.
NOT GUILTY .
Confined Twelve Months.
No evidence was offered against the prisoner.
NOT GUILTY .
Before Mr. Recorder.
MR. ORRIDGE conducted the Prosecution
HENRY STEPHENSON . I live at Whitby, in Yorkshire, and am captain of the John Murray brig—I know a woman named McCarthy—on 12th November, I was in London, and met her about 4 o'clock, in Tooley-street—we went to a public-house there, and had a pint of beer, or half-and-half; we had one or two more pints along the Borough till we came to the George public-house, in Mint-street—I then had 47l. in a leather purse, in sovereigns and half-sovereigns, in my left-hand pocket—I changed a half-sovereign at the George, and the silver was in my right-hand pocket—I took that half-sovereign out of my watch-pocket—it was not in the purse with the other gold—I am certain I had the purse containing the gold in my pocket when I was at the George—there were about five or six people in front of the bar at the time—I suppose I treated them all—I called for a pot of beer—I have no doubt they would all take a drink of it—a short time elapsed, and I was knocked down on the floor, my nose broken, and the money taken out of my pocket—I called out to the landlord to assist me—I had no assistance, and the men who had done this got away—there were one or two on top of me—they unbuttoned my trousers, and took my money out—I felt some one take it out of my pocket—I will take my oath the prisoner was there; but I will not say he got the purse; I cannot tell who got it.
Cross-examined by MR. LILLEY. Q. Was McCarthy, when you first met her in Tooley-street, in company with a man named Dower? A. Not then; he came in afterwards, and we drank together—I cannot recollect having a scrimmage with Dower; I have no knowledge of it whatever—I have no recollection of having a fight with anybody—I had some silver loose in my pocket when I left the ship; I went and got a cheque, and then got the cheque cashed—that was before I went to the public-house in Tooley-street—before that, I went to Tower-hill and paid for my ballast, 3l. 15s., which left me with about 12s. or 14s. in silver, besides the 47l, in gold—McCarthy and Dower went to the George with me—I can't recollect whether she asked me to go there or not—I was never there in my life before—we had either a pint or two or a pot or two to drink there; at any rate, there were two payments—I did not ask the people there to drink, to my knowledge—I was out of the way, or I should not have been there—I was a little tipsy; more's the pity.
JOHN HESTER . I am the landlord of the George beershop, Mint-street, Southwark Bridge-road—on 12th November, I saw the prosecutor in front of my bar—there was a disturbance when he came in—he asked for a glass of ale—while he was calling for it, some parties came into the place, and they wanted a pint of ale, and the prosecutor said he would fill a pint of ale, and would pay for it—he gave me sixpence, and I gave him threepence
out, and the female who came in with him received the change; then the woman asked why they should make any observation about her receiving the change, because she said the sailor was her husband—he did not make any sort of argument about it—he called for another pint of ale, and paid for it—that was drunk with his associates who came into the place—he came in with a female and a man, and I believe some others; a man named Dower, and a woman named McCarthy—I don't think there were any more strangers came in with him after that—there were more strangers in front of the bar—the prisoner was in my house long before they came into my place—he was not brought in with them—he did not lodge at my house—I don't know whether he has not lodged in certain apartments attached to the house, but he was not lodging there at this time—he had an apartment at my place—he was not then living with a woman who was charged with this robbery, and afterwards discharged—I am sure of that—he was in my house when the sailor complained of being robbed—they all went away from the house together; not the sailor; he fell down—he was intoxicated, and they all went away out of the house when the sailor called out, and said he had been robbed—the prisoner went away along with them—I did not see the sailor knocked down—I did not see him on the ground—he said he was felled on the floor of my bar—I did not see him knocked down—I did not raise him or help him at all—I heard him say he bad been robbed.
Cross-examined. Q. Before the sailor, McCarthy, and Dower came in, and anybody else with them, about how many people were there in front of the bar? A. I should consider about six after they came in, including those three.
MARGARET MCCARTHT . I live at 23, White-street, Southwark—on the afternoon of 12th November I met the prosecutor, and went with him into one or two public-houses in the Borough, and afterwards to the George, in Mint-street—I had some beer there with him—the prisoner and two more men, and five females were in front of the bar at the time—the prosecutor was rather drunk—I had advised him to go home—when we went into the public-house, he said he would treat us to a glass before we parted—he called for two pints of ale, one after the other—he drank to all of them round—the prisoner then came and stood at his left-hand side, and a man with one eye, at his right-hand side—I turned round to give Robert Dower a glass of ale, and I saw the prisoner catch hold of the captain, hold up his left arm, and put his hand into his left trouser's pocket and pull out a purse—the man with one eye held him by the right hand, and turned his right hand backwards—the captain tried to pull his purse back from the prisoner, but the prisoner pulled him towards the door, on the ground, and the man with the one eye gave the captain a violent blow on the face, and they both ran away—the captain screamed for the landlord's assistance, who was standing inside the bar—the landlord never came to assist us—I ran and caught the prisoner, by a white linen jacket which he wore—he turned back, called me a very bad name, and struck me on the forehead, and knocked me backwards—I screamed for "Police," and returned back to the beershop—I afterwards went to the station to give information of the prisoner, and the publican, Mr. Hester, gave me into custody—I was afterwards discharged, and I gave the police some information, and the prisoner was apprehended at Shad well—he said he would give me 5l. if I would say no more about it—I went to Shad well with the female he lives with, and Dower, to the house where the prisoner lives—I stayed at the Jolly Sailors,
and the prisoner came and struck the woman who lived with him, called her a bad name, and said, "You have sold me"—he denied seeing me or Dower, or ever being in the Borough before in his life—he said he did not know anything of the George public-house.
Cross-examined. Q. What are you? A. I work as a furrier—I worked fourteen years for Mr. Josephs, in the Borough—Dower is a man who I have lived with, and am living with now—he was not with me when I met the captain in Tooley-street—he was at work—he came in afterwards—he went, into one public-house with us before we went to the George—he saw me speaking to the captain, and went in with us to have a glass of ale—the captain had a fight in one public-house, before Dower came—when I met the captain, he asked me the way to Davis's wharf, and then asked me to have a glass of something to drink, and we had a quartern of gin between us; the captain, me, and another female—I went into one public-house with the captain by myself, and one when Dower was with us—we did not go into a third—the captain said he had had a glass too much, and he would go to a friend of his in Union-street, and asked me to direct him the way—we were going past the George, and he said, "We will have a glass of ale before we part for the night," and he took us in to treat us—I can't say how long we were there; I never watched the time—I was not about the streets on this day—I was obliged to take Dower's dinner, because he could not come home—it was after 4 when I met the captain—Dower did not run out of the George at the same time I did—the publican, and all who were in front of the bar, came outside the door when the prisoner ran; they all rushed out of the door—I saw the captain's nose bleeding in the George—he gave Dower his handkerchief to wipe his face, in Bermondsey—Dower had the handkerchief in his possession.
ROBERT DOWER . I am a labourer, at Mr. Scovell's wharf, and live at 23, White-street, Southwark—on the afternoon of 12th November, I went with the prosecutor and McCarthy to the George in Mint-street—I had been to one house before that with them—when we went into the George the prisoner, a man with one eye, a short man, and several females were there—we had not been in the place twenty minutes, before the prisoner, and the man with one eye, surrounded the captain, and knocked him down—I saw the prisoner, previous to that, get alongside of him; on the left-hand side, and a few minutes after that, I heard the captain say, "I am robbed," and I saw the prisoner with a purse in his hand—he struck McCarthy, and knocked her back—the man with one eye struck the captain, and knocked him down, and they both made their escape—I kept in the house till the constables came in—we were taken to the station, and a fortnight afterwards we were discharged—I went to Shadwell to find the prisoner—we went down to his lodgings 7, Angell-gardens, and when I came back to the Jolly Sailors, he was there—I said, "You are the man I want"—he denied knowing me at all—at the station he said he knew nothing of the place, and was never in the Borough in his life, and never knew the George in Mint-street—we had no policeman at the Jolly Sailors when we went there—I held the prisoner while McCarthy fetched a constable—the prisoner was very abusive and very restive—he wanted to make his escape—he would not walk—he wanted a cab, and he had to have several constables to take him.
Cross-examined. Q. After this took place in the George, do I understand you to swear that you did not go out, that you remained until the constables came? A. Yes; I remained in front of the bar; inside the door.
at Shadwell—McCarthy came for me—the last witness was holding him, and said, "I give this man in charge for stealing 47l. from a captain"—I said to the prisoner, "Is this true?"—he said, "No"—I said, "Do you know where the George beershop is, Mint-street, Borough"—he said, "No"—I said, "Are you sure of that"—he said, "I never was over in the Borough in my life"—I then took him to Shadwell station—he was very violent—I afterwards took him over to the other side of the water, and he was identified.
GUILTY .**— Confined Eighteen Months.
The COURT ordered that John Hester's, expenses should not be allowed.
Before Mr. Common Serjeant.
MR. POLAND conducted the Prosecution.
JOHN LANNAGER . I am toll collector of Lam beth-bridge—on Sunday night, 27th December, I was on the Surrey side taking tolls—the prisoner came up and paid with a shilling—I placed it on one side, while I took the halfpence from other people—I then gave the prisoner 11 1/2d. change, and he went on—about two minutes afterwards I discovered that the shilling was bad, and sent a man after the prisoner, who brought him back, and I told him he had given me a bad shilling—he said that he was not aware of it; he was sorry for it, he had just changed a half-crown for some tobacco—he asked to look at it—I allowed him to do so—he put it in his mouth, and I believe he swallowed it—I sent for a policeman, and he was given in custody—I saw him put his hand to his mouth a second time, putting something in, and he made the attempt to swallow something—I followed to the station, two or three yards behind, and as the prisoner passed, I saw something like metal fall into an area in Paradise-street—I Saw Mr. Tricks go into the area, and find a bad shilling—I cannot say whether it was the one the prisoner had given me; but I am quite sure the one uttered to me was bad.
Prisoner. Q. Where did you place it? A. On the table, close to where I was taking money—there were no other shillings there—four or five other passengers passed through after you paid me, and before I took it up.
MR. POLAND. Q. Did they pay you with shillings.? A. No; I am sure the shilling I put on one side, was the one the prisoner gave me.
FREDERICK TRICKS . I am a greengrocer, of 6, King-street, Lambethwalk—Lannager pointed out an area to me in Paradise-street—I got a policeman's lantern, got over the area, and found a shilling, which I gave to Lannager.
PHILIP MCAULAY (Policeman, L 182). The prisoner was given into my custody—I saw him put a shilling in his mouth—he had in his hand the change out of the shilling—I took it from him—I asked him for the shilling—he said, "Put your finger in my mouth, and take it out"—I declined that, and he spat it out in Paradise-street into an area—I gave my lamp to a man, who went down, and brought the shilling up, and Lannager gave it to me—this is it (produced)—the prisoner was searched at the station, after which he dropped 4 1/2d. in copper on the floor of the cell—he said he had no name or address.
WILLIAM LANDELL . I keep the George and Bull, Orchard-street, Westminster—on 5th December, about 11 in the forenoon, I served the prisoner with a pot of beer—he gave me a counterfeit florin—I said, "It is bad, but I shall excuse you this time, as you have come out of trouble lately"—he said, "I beg your pardon; I will never do so again at your house"—I gave it back
to him without defacing it, and allowed him to go—he was sober—he returned the same evening not exactly sober—he had been drinking, but was not drunk—I served him with a pint of beer, and he gave me this medal, having the appearance of a sovereign (produced)—it has got discoloured now, but it looked like gold then—I took it up; and told him I should give him in charge—he stood in front of the bar till I got a policeman, and gave him in custody with the medal, but the policeman would not take the charge—I told him about the florin, but I had not got it.
Prisoner. Q. It is rather strange that you should give me the twoshilling piece back, I being a customer, and using your house? Witness. A. You do not use my house; you use the house adjoining, but I have known you four months.
Prisoner's Defence. I changed a half-crown for half an ounce of tobacco, and with the change I must have taken this shilling. After it was given back to me, not having got any pockets in my clothes, I put it in my mouth, and having some tobacco there which I wanted to spit out, the shilling and the tobacco came out together. No man in England can swear that I ever uttered a bad coin to my knowledge; my eyes are very bad, as is well known to the Governor of the Gaol. My spectacles were broken, and I could not see whether the shilling was bad or good.
GUILTY .**— Confined Twelve Months.
MESSRS E. B. WOOD and LABILLIERE conducted the Prosecution.
ARTHUR MASON (Police-sergeant, B 15). I produce two certificates of marriage, which I have compared with the registers, one at Walton-on-the Hill, Lancaster, and the other at St. James's, Bermondsey—they are both true copies—(read) "Marriage solemnized at St. Michael, Toxteth-park, Walton-on-the-Hill, Lancaster, 18th September, 1843, between Henry Thomas Belenger and Mary Fawcett, in the presence of "William Whittham and Agnes Adlington"—"Marriage solemnized at St. James', Bermondsey, Surrey, June 10th, 1860, between Harry Bellingham and Caroline Martha Beerman)—I took the prisoner in custody, and asked him whether his name was Bellingham—he said, "No"—I said, "Stop a minute," caught hold of him, and said, "Do you live in Johnson's-place?—he said, "No"—I said, "I believe you are the person I want"—he said, "What for?"—I said, "If you are the person I believe you are, you are charged with bigamy"—he said, "Bigamy, ay!"—I said, "Yes; I shall take you back"—I said, "Is that your wife there?"—he said, "No"—I remained there a few minutes, and said, "I shall detain you here to get some person to identify you"—a person then came and identified him, and I took him in custody to Rochester-row station—after coming out at the station door, he said, "I do not care if I get twenty years, so as I can get shirt of that lot"—that means get rid of.
Cross-examined by MR. LILLEY. Q. Was he near his own house? A. Yes, in his rifleman's uniform.
ELEANOR WHITHAM . I am a widow, and live at Oxford-row, Wellington—I have known the prisoner twenty years—I knew him in 1843, when he came to my house with Mary Fawcett, who I knew before that; I understood then that they were married—my husband and my sister were present on that occasion—I cannot remember any of the conversation, it is
so long ago—I know by reputation that they were married—they lived together in Liverpool as man and wife for, I should Bay, two years—my husband's name was William Whittham, and my sister's Agnes Adlington—they are both dead—I have seen Mary Fawcett here to-day.
Cross-examined. Was the other person your own sister? A. Yes; we continued on terms of visiting up to the time of her death, and I went to her funeral—I am able to pledge my oath that the marriage was in 1843, on account of my own children, one of whom was two years old, and the other eight or nine months.
COURT. Q. Where was this interview between these persons, and you and your husband? A. At our house in Bury-street, Liverpool—they were married in Liverpool, at Toxteth-park—my husband and my sister had been to church with them that morning—I went up to Mrs. Fawcett's house, and remained while they went to church, and when they returned, my husband and the prisoner came in the evening—they had supper at our house, and then went home together—I then knew him in the name of Bellingham—I do not think he is a Scholar.
MR. LILLEY. Q. Who was the elder, the prisoner or Mary Fawcett? A. Mary Fawcett was perhaps six years older than him, and she had four children—she was a widow—the prisoner was about twenty-nine or thirty.
MARY HEDGES . I am the wife of James Hedges, of 8, Parker's-buildings, Spa-road, Bermondsey, and am pew-opener at St. James's Church—I was present there in June, 1860, when Caroline Martha Beerman was married by banns to the prisoner—I took the certificate down the next day.
Cross-examined. Q. You are present at a great many marriages, are you not in the year? A. Yes; there are a great many marriages there—this was on a Sunday—I am not certain, but I think it was June, 1860—I am sixty-three years of age, but I think my memory is as good as it was twenty years ago—I had seen her before—I worked for her father and step father for two years—either three or four couples were married that day.
GUILTY .— Confined Six Months.
ADJOURNED TO MONDAY, FEBRUARY 1ST, 1864.