CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD FEBRUARY 1ST 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, February 1st, 1864, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE , LORD MAYOR of the City of London; Sir GEORGE WILSHERE BRAMWELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; Mr. JUSTICE SHEE, one of the Judges of Her Majesty's Court of Queen's Bench; Sir JAMES DUKE, Bart., M.P.; Sir FRANCIS GRAHAM MOON, Bart; and JOHN CARTER , Esq., Aldermen of the City of London; RUSSELL GURNEY, Esq., Q.C. Recorder of the said City; WILLIAM FERNELEY ALLEN, Esq.; JAMES ABBISS, Esq.;JAMES CLARKE LAWRENCE, Esq.; SILLS JOHNGIBBONS, Esq.; and SIDNEY HEDLEY WATERLOW, Esq., Aldermen of the said City; THOMAS CHAMBERS Esq. Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
HENRY NICHOLAS NISSEN, Esq.
JOHN WILSON NICHOLSON, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
LAWRENCE, MAYOR. FOURTH 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, february 1st, 1864.
Before Mr. Recorder.
MR. HAWKINS, Q.C. with MR. SERJEANT BALLANTINE, and MESSRS. POLAND and ORRIDGE conducted the Prosecution.
FELIX FREDERICK TAYLOR . I am not in any business now—I was a wine merchant, but retired in 1858—previous to that I had formed a connexion with the lady who is now my wife—that connexion has lasted about six years—I have two children by her; boys, who are now living—there was a suit in the Divorce Court; a divorce was obtained, and when the three or six months had elapsed, I married the lady, and am now living with her at Slough—we have lived there since April,1859—my household consists of two female servants, a coachman, a groom, and a gardener, generally speaking—the ages of my boys are eight and ten—I was desirous of obtaining a tutor for them, and applied to an agent named Johnson, through whom I was introduced to the defendant, whom I understood to be a clergyman of the Church of England—I should have accepted whoever suited me, whether he was a clergyman or not—I first saw Mr. Birch in May, 1862, thing—I think—I had several interviews with him, during which the position in which I was living or had lived, was not referred to, either by statement from me or, inquiry by him—I made no statements to him misrepresenting my position—I think the utmost I said was that we were very plain people, meaning that there was no show or display in my establishment—I subsequently engaged him to come into my service at 100l. per annum, a furnished cottage and other advantages, for which he undertook the education and that case would be especially short, as one was in extremely delicate health, but to take charge of them also during their hours of relaxation, and if either of us wished the connexion to cease, a month's notice was to be given—he was put in possession of the cottage, on my own grounds, the garden, furniture, and so forth—he is a married man—he went on without any objection to be found with him for four months—he and his wife dined at my table frequently, whenever I asked them—he became by degrees more and more five or six hours at a stretch, and I coaxed him as much as I could, as I did not
feel in a position to scold a clergyman—about three months afterwards he applied for the chaplaincy of the Union—I introduced him to a gentleman, Mr. Nixon, who was, I believe, mainly instrumental in his obtaining that position, and he obtained it—I received this letter from him about the period of the Prince's visit to Eton (This letter was read under a protest from MR. COLLINS, who contended that there being no date to it, it might have been written before the defendant went into the prosecutor's service.) "The Cottage, Friday morning,—My dear sir, As really the whole of this day will be given to festivities in connexion with the Prince's visit to Eton College, I propose that the boys shall have a holiday. Yours truly, THOMAS RICHARDSON BIRCH"—The date in reality was the Friday prior to the 6th of June last year—I answered that letter—I had previously spoken to him on the sub-ject of the boys—I kept copies of my letters; the copies you have there are fac-similes—I never contemplated their being produced in Court, and I have not put "Dear sir" in many of them, but the body I engrossed word for word—I sent that letter by my servant, who is not here, but prior to that I had sent a message (The COURT considered that the letter was not evidence, the delivery not being proved)—within an hour after writing that letter, I received this one (produced)"Dear sir, In reply to your letter just received, I have only to say that I must request an interview with you here to morrow evening, at an hour I leave to you to determine, when the matter of our engagement as well as other circumstances shall be most fully discussed." Signed, T. R. BIRCH"—(JOHN DIXON RIGDEN here proved the service of a notice on the defendant to produce certain letters without dates, but MR. SERJEANT BALLANTINE stated that he would not pursue the matter further)—Up to the time I received the letter, proposing to give the boys a holiday, I had had no quarrel or unpleasantness with Mr. Birch, nor had he even alluded to me with any other feeling than usual—I do not know when he had last dined at my house—I afterwards wrote him a letter, and received this reply the same night; it was the day after the Prince's visit to Eton College," Saturday night Dear Sir, I acknowledge the receipt of vour cheque, more formally to be recognised on Monday; on that day I am fully resolved that a full unreserved declaration shall take place of everything. Signed, T. R. BIRCH"—I saw him after that, and he was almost as abusive as he is in that scurrilous letter—he stated that I had taken him into my occupation under false representations—I had made no representations of any kind to him—I subsequently took another tutor, named Lott, who remained with me two months, and I subsequently hired a gentleman named Sharpe, from whom I received the letters which are the subject of this inquiry—prior to my giving the prisoner notice, he never in the most distant way asked me any questions as to the terms on which I was living with the lady; in fact he wished to remain a month longer than I wished—we are perfectly quiet people—I have the anonymous letter here, and have not the slightest doubt that it is in Mr. Birch's writing, as also the other one written to Mr. Sharpe.
Cross-examined by MR. COLLINS. Q. When did you retire from business? A. In 1858—I was in partnership with my father and brother; not with any one else—I knew a gentleman named Barlow, about 1848 or 1850—I was never in partnership with him, nor had he anything to do with the business I was carrying on—he was not a partner with my brother or my father—I knew him by his occupying the upper portion of the house in which my business was conducted—I can hardly say I visited him as a friend, but I was intimate with him, and was occasionally at his house—he
introduced me to his wife, who had two children at that time—I do not know their ages; girls about ten or twelve, I believe—I visited them on friendly terms, and then eloped with Mrs. Barlow, if you choose to call it so—she left her husband's protection—I did not commit adultery with her in 1848—I am unable to tell you when it was; it was while she was under her husband's roof—I subsequently took her from her husband and herchildren, and lived in adultery with her for several years—the two children, that were the pupils of the reverend defendant, are the fruits of that adulterous intercourse—her divorce took place, I believe, in March, 1861, I think, and I married her immediately I could, which was in March, 1862, I think; if the gentlemen here are acquainted with the law, they will say that I did not lose one day; Messrs. Jennings and Son were my proctors, and assured me that that was the earliest date—when I engaged Mr. Birch as my tutor, I did not tell him the circumstances under which I had been living—I said nothing about it—I never gave him to understand that the children were illegitimate or the contrary—I told him I had a wife and children—I did not tell him that I was an Oxfordman, or a University man, or that my wife was a lady of high family, the daughter of a colonel, or that she was so virtuous she could not mix with any of the people round Windsor—I lead a quiet life; if it is necessary that the court should know it, I have had proffers of visiting, but I do, not visit—I am not acquainted with the residents of Slough and its neighbourhood—it is not true that no ladies visit at Herschell House; no ladies living in the neighbourhood visit at my house; that is at my wish—the defendant's cottage was close to my house, and he frequently dined with me on Sundays—he dined with me eight or ten times, whenever I asked him, and' his wife eight or ten times also—when the children were ill was not the only time his wife dined with me—the defendant behaved himself tolerably well for four months—giving the boys a holiday was not the only fault I found with him; he neglected them entirely—their hours were nominally from 10 to 12, and after that he let them play by themselves, and they got into the stable-yard, where I was anxious that they should not be—I had not a governess in the family when he was there; I had just before—I never imputed misconduct to her, or heard any misconduct mentioned—Mr. Birch did not complain that the children hadlearned certain facts respecting that young lady from me, and remonstrate with me about it, nor did my wife or any one—I gave her an excellent character—Mr. Birch never complained to me that the children had used improper language with reference to that young lady—I never had any conversation with him about the circumstances of my family—I do not know, and do not care to know, whether he knew what had occurred prior—he never, in the most distant way, asked me about these rumours, or threatened to resign if I did not give him an answer—he did not resign—I dismissed him; there is a copy of the letter—he did not ascertain from me, the state in which I had been living with Mrs. Taylor, till I gave him notice—that was a written notice, and he and his wife left upon it—he wished to remain a month longer—I did not turn him out—I threatened that in the event of his not leaving my cottage on 6th July, the rental of it would be extremely high, and on that he went—he said that he should consult his solicitor whether he was not entitled to remain a month longer—I gave him notice in June, and he objected to go at first—he had an impression thatas I did not give him notice then, he was entitled to remain till August—he left on 5th July, but objected to do so at first—I first knew Mr. Johnson in May, 1862—he got me Mr. Birch, Mr. Lott, and Mr. Sharpe—I do not
know whether the tutor pays him a commission; I paid nothing—I paid nothing for Mr. Lott—I received an acceptance of his, which I paid to Mr. Johnson for him—I do not deal in bills—Mr. Johnson sued him for the commission, and Mr. Lott paid him with his acceptance—I gave Mr. Johnson cash for the bill, and deducted it from Mr. Lott's salary—I knew nothing about it being for commission—I knew that it was for some claim—I have not, since the hearing before the Magistrate, made several statements about how much this prosecution has cost me—I have never said that it cost me 3,000l., and I would pay 20,000l. but I would ruin this man—I have never boasted how much it has cost me, or made any communication to any one, except my solicitor, about how much it has cost me—I was certainly very glad to find such eminent men on my side as the learned Queen's Counsel and Mr. Serjeant Ballantine, when I was threatened with Mr. Coleridge.
Q. Have not you written to the papers stating that you had obtained the services of those gentlemen? A. I have been very anxious to let the world know that I am not afraid to meet an accuser in open Court, and I gave those names to prove my determination—the person I introduced Mr. Birch to, when he was trying to obtain the chaplaincy, was not a guardian, I believe, but he is a gentleman of considerable local influence—I have never charged another person with writing this anonymous letter—I know a man named Hearn at Windsor—I have had no dispute with him—I placed a pony in his hands to keep—he put it in harness, without my sanction, and wrung its shoulder, and I insisted on his making that reparation which his unwarrantable conduct required—he paid me a couple of sovereigns—I sued him—on my oath I did not charge him with writing this anonymous letter—Mr. Birch has never told me that he received anonymous letters respecting me—the first notice I had of it was contained in one of these defamatory letters—I have never received any anonymous letters—I did not receive this.
MR. SERJEANT BALLANTINE. Q. I suppose those unfortunate proceedings against you appeared reported in all the public papers? A. Yes; Mr. Barlow, when he instituted the suit, did not seek to recover any damages, and no damages were recovered against me—I was in the hands of my proctors, and acting under their advice, I married the lady the moment she became free—there were some legal details respecting the sittings of Parliament which they entered into; I cannot explain them to you—I put myself in their hands, married the moment I could, and have been living with the lady and the children ever since—it has not been my wish to visit in the neighbourhood—I only took the place with a view of protecting my child, who is subject to epileptic fits—many ladies do visit me, but I have no acquaintances there.
MR. COLLINS. Q. Up to the time of your marriage were you living on the same terms with your present wife? A. Yes.
THOMAS MORGAN JOHNSON . I am a clerical and scholastic agent of King William-street, Strand—I have known the defendant for some years in the way of business—he applied to me to get him a situation as tutor; I afterwards introduced him to Mr. Taylor—he got the situation through me—I know the Rev. Mr. Sharpe—I also introduced him to Mr. Taylor as tutor some time after Mr. Birch left—Mr. Sharpe brought this letter of 15th October, to my office; I think either the day he received it, or the day after—I believe that letter to be the handwriting of the defendant—I have corresponded with him—Mr. Sharpe left the letter with me—I gave it to Mr. Pawle, Mr. Taylor's solicitor; I thought it right to do so.
Cross-examined. Q. Have you ever seen Mr. Birch write? A. Never; my belief is founded upon letters I have received from him—I have got three tutors for Mr. Taylor; the tutors pay the commission—Mr. Lott had a dispute with me about his commission—I am not upon either good or ill terms with the defendant—I have no ill feeling against him—he has threatened to sue me, I presume for introducing him to Mr. Taylor—I knew none of the circumstances of Mr. Taylor's household when I introduced the defendant into his family—he told me nothing about it—Mr. Sharpe's comission is not paid yet.
MR. SERJEANT BALLANTINE. Q. You have had more communications than one from Mr. Birch, I believe? A. I have had a great many letters from him—I have not spoken to him about them afterwards; I have acted upon them.
REV. SAMUEL SHARPE . I am at present residing with Mr. Taylor at Slough—his two sons are entirely under me as tutor—I was in negotiation with Mr. Taylor, through Mr. Johnson, in October—I was then living in Pimlico—I received this anonymous letter of 15th October, while I was at Pimlico—it came to me by post—I handed it to Mr. Johnson, and asked him what it meant—it was subsequently suggested that I should write to Mr. Birch; as the names of three clergymen were mentioned in the letter, Mr. Taylor said, "will write to Mr. Creed and Mr. Sykes, if you will write to Mr. Birch, and I shall be glad if you will let me see their replies—upon on that I wrote to Mr. Birch, and in reply I received the letter dated 22nd October—this is the letter I wrote—(Read: "21st October, 1863. Rev. Sir, as I understand you have been tutor to the sons of Mr. F. Taylor, of Herschell House, Slough, and as I am negotiating with that gentleman with a view of occupying a similar position, I shall feel particularly obliged if you would give me your opinion of the post, and any other information you may feel disposed to give me in connexion with it")—I made inquiries and satisfied myself—the result of the negotiation was that I accepted the post of tutor to the two lads—I have a wife and family—I am residing in the cottage that Mr. Birch occupied, and have been so since 1st of November.
Cross-examined. Q. Are you a D.D.? A. I am, of Cambridge—before I accepted this engagement I was in Dublin—I left Dublin in consequence of the death of my predecessor at the institution which I conducted there—I carried on that institution myself for a short time—I can't say that I went away in debt, something like 3,000l.—the institution was a collegiate instituion in Easton-street—I carried it on after the gentleman died, for four months—I left it because the executors of that gentleman served me with a writ for 379l. which I did not owe—judgment was not obtained against me—there was not a judgment against me in the Irish courts, that I am aware of—I wrote to the executors and told them I did not owe it—that was all I did—I left Ireland in consequence of that writ—there was also a small debt for a house which I had taken in connexion with the institution; there was only one small debt to my knowledge—I cannot exactly tell how much I owed when I left Dublin—I left in consequence of the death of my preecessor—he had agreed to enter into a fresh arrangement with me, he was taken ill in the pulpit on Christmas-day, and I never saw him afterwards to ratify it—after that I took the charge of a parish in Nottinghamshire for a time, two or three months—at the time I received the anonymous letter I was staying with a friend at 19, Elizabeth-street, Pimlico—I showed the letter to Mr. Johnson at the first opportunity—I can't remember how soon afterwards I saw Mr. Taylor—he was at Brighton at the time—itwas some few
days afterwards—I don't think I had seen Mr. Pawle, his solicitor, at that time—I don't think I had seen Mr. Pawle between the receipt of the anonymous letter and my letter to Mr. Birch; I am not positive about it, but I don't think I had—I did not intend to use any information that I got from Mr. Birch against him—it was at Mr. Taylor's request I wrote to him, and at his request I showed him the answer—I did not write it as a trap to catch him—I showed his reply to Mr. Taylor, as I had been requested before-hand to do—I called on Mr. Birch on 2nd November—I think that was before the proceedings at the police-court—I called on him as a brother clergyman, to request if he was in error that he would apologise to Mr. Taylor, and I also pointed out to him the difficult position in which he was placed if it was proved against him—I did not tell him that Mr. Taylor would ruin him, nor any words to that effect—I did not tell him that he must resign his chaplaincy; not a word was said about the chaplaincy—I did not say if he would resign the chaplaincy into my hands I would snow him an effectual way of getting out of the scrape—I said nothing at all to him about the chaplaincy, not at any conversation, nor to any one—I did not say that the Continent was open to all of us, and that he had better go there, nor words to that effect—I told him that I had not slept that night for thinking of his position—I do not recollect his stating that he did not write the anonymous letter—he said he had a great mass of documentary evidence against Mr. Taylor—I was engaged with Mr. Taylor at a salary of 150l. a-year, to be paid as I pleased.
MR. HAWKINS. Q. During the time you were in negotiation with Mr. Johnson you received the anonymous letter? A. Yes; three clergymen were named on it as persons to whom I might refer—I wrote to one, and Mr. Taylor to the other two, and I showed him the answer I received; that was all that took place between Mr. Taylor and I as to the anonymous letter; nothing in the shape of a trap was suggested—these are the envelopes in which the two letters came.
WILLIAM EMERY SLACK . I am a clerk in the employment of Mr. Johnson—I have known the defendant for several years—he has been in the habit of coming to Mr. Johnson's office—I am acquainted with his handwriting—I have seen him write—I believe this letter and envelope of 15th October to be his handwriting.
Cross-examined. Q. How often have you seen him write? A. Once I can say for a certainty, and I think twice—I can swear to once.
MR. POLAND. Q. At your office have you seen letters from Mr. Birch? A. Yes; continually—I have had business transactions with him spreading over more than three or four years; besides having seen him write, I have become acquainted with his handwriting.
The anonymous letter was read as follows;—"Windsor, October 15th, 1863. Reverend Sir,—For the present, in common justice to a stranger, all are quite willing and ready to believe that you do not know that you have entered into a sink of the greatest crimes and infamy, and vilest disgrace, or else are going to do so; if you still keep your engagement you will receive, and deserve it too, the contempt of all decent people who are not in the Church, and the greatest disgust of all the gentlemen who are so. Inquire of the police of this borough, also of Eton and Slough. If, likewise, you can make up your mind, and think it right to do so, you can apply about those dreadful things of the house at Slough, to the ministers there, namely, the Rev. Mr. Cree, Rev. Mr. Birch, and the Rev. Mr. Sykes. Counsellors to one whom we think needs counsel."—The letter to Mr. Sharpe was as follows: " Slough,
October 23rd, 1863. Rev. Sir,—I am grieved to say that the duty which your letter calls upon me to perform, is one of a most painful character. When I entered upon the tutorship I need scarcely say it was in perfect ignorance of any one of the said circumstances of the family about which you inquire, or rather it was under a tissue of misrepresentations as to the social and moral condition of it. About three weeks after my arrival here, I was elected chaplain of the union. When the chairman in full board had told me, as he expressed himself with great pleasure, that I was unanimously chosen with an increased stipend, he added that it was with extreme sorrow and regret be found I stood in any relation to Mr. Taylor, and inquired whether I was willing to resign. I was allowed a certain time for examination of the alleged facts against Mr. Taylor. During that period I received several anonymous letters, referring to law reports in which occurs the case of 'Barlow v. Barlow and Taylor.' I also received a newspaper containing a report of the Consistorial Court proceedings in that lamentable matter. The far greater part of the ladies of this place, while saying how happy they would be to receive the visits of Mrs. Birch, assured me that it was utterly impossible to visit her; and many gentlemen, while calling on me, apologised for not bringing their wives or daughters to the cottage, No respectable persons visit at Herschell House. When Mr. Taylor, after six serious entreaties upon my part, declined to tell me whether, even then, he was married to the woman with whom he lives, and who is the mother of the boys, my late and your prospective pupils, I quitted the cottage. Since that time I have been most credibly informed that there are other facts in this case to which I should be ashamed to refer in writing. The most injurious circumstance of my life is my ever having stood in the connexion with them which I have so unhappily done. I am quite startled at their audacity in again addressing themselves to a clergyman, but suppose that even their shamelessness has not gone so far as to again address themselves to one who is married. I am, Reverend Sir, yours faithfully, T. R. BIRCH. "
STEPHEN PULLEN . I reside at Orton, Bucks—I am one of the guardians of the Union to which Mr. Birch became chaplain—I am not the chairman—I have occasionally acted as chairman when the chair has been vacated by the chairman, and I happened to be so when Mr. Birch's election came on—it was not my duty to congratulate him upon his success I think I was chairman immediately afterwards—I was present at the time, and am acquainted with what took place—no observation whatever was made to him upon the subject of his connexion with Mr. Taylor's family; not by anybody.
Cross-examined. Q. There were more meetings than one, were there not? A. There is a meeting every Tuesday—Mr. Birch may have been before the board more than once; I might not have been there—he still holds the office.
WILLIAM PERRY . I am a lithographer in Lincoln's-inn-fields—I have made the subject of handwriting my study for twenty-seven years—I have seen and carefully examined the two letters of 15th and 22nd October, together with the envelopes in which they came—(Upon the witness being asked if he believed the two letters written to be in the, same handwriting, MR. COLLINS objected, and submitted that in a criminal case the evidence of an expert was inadmissible as to a similarity in handwriting; the admission of evidence of that nature was one of the grounds upon which the attainder against Algernon Sidney was reversed. Although the Common Law Procedure Act permits comparison, that applies only to civil cases. In support of the objection, the following authorities were cited, Reg. v.Cator, 4 Espinasse, p. 117; Rex
v. Coleman, 6 Cox's Criminal Cases, 163; Eagleton and another v. Kingston, 8 Vesey Junr. 476; Greaves v. Hunter, 2 C. & P. 477. MR. HAWKINS did not ask the witness to make a comparison of handwriting, but he offered it as evidence of the same character as was continually given in Mint cases, where an expert was called to prove that certain coins came from the same mould. THE RECORDER could not take upon himself to reverse the decisions which had been given upon this subject; it was not for him to find a reason for them, but they having decided the question, he was bound by them.
MR. COLLINS submitted that as to the libel charged with respect to the second letter, written in reply to Mr. Sharpe's, it was a privileged communication on the part of the defendant, that there was no malice in it, but that it was a bona fide answer to the inquiry made of him. THE RECORDER considered that it was for the jury to say whether or no it was merely a bona fide answer to the question put to him; he should direct the jury that it was a privileged communication, leaving the question of malice for them, telling them that even if the answer to was not true in fact, but was written bona fide, there would be no malice) CHARLES PRENTICE BARRETT (called by the prosecution, examined by MR. COLLINS.) I was in the room when Mr. Birch was before the Board of Guardians—two interviews took place—at one of those references was made to the social position of Mr. Taylor; it was suggested that it might be an objection to accepting Mr. Birch as our chaplain.
MR. SERJEANT BALLANTINE. Q. Who was the chairman at the time the subject was introduced? A. It was not the chairman who introduced the subject—Mr. Edwards, the vice-chairman was present—Mr. Pullen was present at one part of the meeting, but whether he was there when that observation was made or no, I cannot say—I don't know whether he was or not—a gentleman, named Atkins, a guardian, made the observation—he mentioned it in the board-room first, and then after Mr. Birch was shown into the room he was asked whether he was aware of the fact or no—he appeared to be perfectly surprised, and said, "Indeed, gentlemen, I am not at all aware of anything affecting Mr. Taylor's character"—he did not say that he had learnt all about it three weeks after he had come into his em-ployment—he was to make some inquiry as to the matter—this was on 2nd September, 1862; it was the day of his election—he had previously been performing the duties of chaplain temporarily—he expressed the greatest surprise, and held up his hands, he seemed utterly astonished—I acted as attorney for Mr. Birch at the police-court, but I withdrew from the matter some time ago.
MR. COLLINS. Q. Was that from his want of funds? A. Yes; he had no funds to instruct a solicitor properly to conduct the case.
GUILTY.—He received a good character, and was recommended to mercy by the jury on the ground that he was hurt at his dismissal.
Confined Six Months.
MR. ORRIDGE conducted the Prosecution.
PHILIP WADDELL . I am an importer of foreign glass of Fish-street-hill—the prisoner was in my employment as clerk and collector for two years and a half, up to December last—I was in business for three years—on the receipt of money it was his duty to pay it over to me, and enter it in the books—Mr. James Johnson, of Houndsditch, was a customer of mine—the prisoner had a receipts-book, from which he took receipts—these produced
are the counterfoils—here is a receipt dated October 5th, and this is the counterfoil of that date—he paid me over 13l. 19s. on 5th October; that is on the counterfoil—the receipt is for 18l., that leaves a deficiency of 4l. 1s.—the next date is November 13th—that is for 1l. received from Mr. Johnson—I do not find any counterfoil of that date—the receipt is supposed to come out of this book; it is in the prisoner's handwriting—on 1st December here is a receipt for 5l. from Johnson—I find no entry in the account-book of that 5l.—there have been counterfoils torn from the end of this book—there are some counterfoils at the end not filled up—the prisoner did not account to me for the 4l. 1s., the balance of the 18l., or for the 1l. on 13th November, or for the 5l. on 1st December—he would enter the receipt in the cash-book and ledger, which were kept by the prisoner—he would enter the sums he paid me first in the cash-book—this is the cash-book—it was kept entirely by him—on 5th October 13l. 19s. is entered to Mr. Johnson's account in the prisoner's writing, 4l. on 13th November, but no entry whatever on 1st December—those same amounts are carried out by the prisoner into the ledger—this is the ledger—about 14th December, I made some discovery and spoke to the prisoner—I told him there was this deficiency and asked him to account for it—I first consulted a detective officer—I told the prisoner of the deficiency of the 4l. 1s.—he said if I had seen the receipt for 18l. with his handwriting in Johnson's hands, it must be correct—I told him he had better go down and see it himself—he went with my town traveller—Mr. Johnson satisfied him that the receipt was correct—when he returned, I asked him how he accounted for it—he said I had given him orders to sell goods, and not enter them in my books—I denied it positively; it is not true that I ever gave such orders—he said whatever cases I found out against him, it was the same answer for all—either the next day, or two days after, I found out two more cases—I spoke to him again about it; and said I did not feel satisfied, that I should go on finding out more—he again said that he had the same answer for it all, that I had given him orders to sell goods and not enter them in the books—I called his attention to this very sale, which was entered in the book; the greater part of it, 13l. 19s. out of the 18l., is entered—that was not one sale; there were two lots, and two invoices—the amounts were 15l. 2s. 8d. and 4l. 10s.—I have the invoices—I knew nothing of the 4l. 10s. invoice—I was not aware nntil I went to Mr. Johnson's again, that this 4l. 10s. sale had been effected—when I told the prisoner that this had been entered in the book, he said nothing—there was no discount on the 4l. 10s.; it was a job lot—Mr. Johnson paid him 4l. 1s—there was a discount of 9s. on the 4l. 10s.—there is nothing in the books to show that such a sale had been made to Mr. Johnson—I appointed the detective-officer to meet me at my warehouse on Monday morning to give the prisoner into custody, and I did so—he told me to look him in the face, and again told me that I had given him orders to sell goods, and not enter them in the books—I again denied it—after the examination at the Mansion-house, the prisoner came to me—he was on bail—I was out when he called—when I came in he told me that I owed him a week's wages—I said I did not, and if a week's wages were due to him I should not pay them until this affair was settled—he said he had instructions to call by his solicitor till it was paid—I toldhim if my solicitor said it was to be paid I would pay it—I went to Mr. Wontner, and he told me not to pay it—next day the prisoner called on me again—it was on Christmas-eve—he asked me what was the good of my prosecuting him—I said, "Because you have robbed me to the amount of
money I claim, and have reduced me to bankruptcy"—he said, "You have an idea that I am worth money"—I said, "I have no idea of the sort"—he then said, "I will give you 30l., which is about the amount of money that you miss, and a bill of sale for 70l. on my furniture, making 100l., if you will not prosecute me"—I said, "It rests in my solicitor's hands; I will have nothing to do with it; if you like to see him, you can"—he went and saw my solicitor, and he would have nothing to say to him on the subject—he again called, and I would not see him at all—he made an excuse to call for a railway-rug, which was not on my premises—he said if I prosecuted him, he would represent to my creditors that I was worth more than I said I was—I had then made an offer of 10s. in the pound, as much as the estate would produce—I was arrested through the prisoner on New Year's-day, by the representation he made to my opposing creditor—I got my discharge—the prisoner had the entire management of my business; the whole of my books were kept by him—he had omitted to tell me of a bill to rather a large amount that was due.
Cross-examined by MR. METCALFE. Q. Do you say that you have received your discharge from the Court of Bankruptcy? A. I have not received my discharge; I have received my release from custody—I have been examined in the Bankruptcy Court—the offer to pay me the 30l. and 70l. was on Christmas-eve at my warehouse—my town-traveller, Meyers, was inside at the time, and the detective—that was two or three days after the examination before the Magistrate, after he had stated I had given him orders not to enter the goods—I had been cross-examined by his solicitor before the Magistrate about my sending goods for sale—I opened the door, and called the detective out to hear the conversation—he was then in my warehouse about this case—I did not know that the prisoner was coming—the detective had been with me for two hours examining my books—he did not hear the conversation; I communicated it to him—I went before the Magistrate again after this, but there was no fresh examination—my deposition was read over to me, and I was asked if I had anything to add before I signed it—I never alluded to the conversation on Christmas-eve—I was called again after that conversation took place—I had an opportunity of stating it if I had chosen—I was represented by Mr. Wontner, my attorney—I did send my goods to sale-rooms for sale in my own name—I ordered no name—any name that might be used, but none in particular—I directed them to be put in my own name—they were not sent in the prisoner's name by my knowledge; I did not care whose name—they were goods that were perfectly unsaleable by my traveller—I did that as far back as February 4th until about November last—not frequently during that time; twice or three times—I am looking at a note of the date and amount of what I sent—it is in my own handwriting—I got it from Jones and Bonham's, the auctioneers—I have entries of these in my ledger—I did not enter them in my own name—the entry is on the 4th February; "Ready money sales, 10l. 6s."—there is no name whatever—there are no initials to it in my cash-book; it is the prisoner's writing—the entry in the ledger is, "Sales, J. and B., 10l. 6s."—that is, Jones and Bonham, the auctioneers—there are no goods specified—my day-book would show what the goods were—I see it is entered in the day-book as a job lot, "Ready-money sales, J. and B., goods, job-lot, 10l. 6s."—they were goods perfectly unsaleable to the trade—none of the books show what the goods were—the prisoner had orders to make lists of them, and enter them in the books—the same thing applies to all the other sales of which I have spoken; it
is the same sort of entry—my business was not large enough to admit of Such sale as 100l.—that went on from February till November—to my knowledge it only occurred three times—the prisoner has entered it twice in the book, but I believe there was another sale not entered—I can pledge myself that not more than three lots went for sale—I was not short of money in February when the first goods were sent—I first discovered that I was short or money about the end or March—it was on my going to take a partner that I found out these deficiencies; that was in November—I was not in difficulties in March; I had not a great deal of cash at that time—I managed to pay my way to the 5th November—business had not been very good—I once borrowed 28l. of the prisoner; no other sum—I did not in October, 1862, borrow 90l. of him, nor 50l.; no sum but the 28l.—he had money left him at his mother's death, and he asked me if I would allow him, as I had a banking account, to pay it in, and let him have it as he wanted it—he drew it out some three or four days afterwards, most of it—I have the cheques in Court—he did not draw it out in one sum—in several sums—the first sum he paid in was 90l.—the second sum was not so much as 50l. I think—it may have been 50l., it may have been 30l.; I think it was 30l.—he continued to draw out small sums for some time—the 28l. was lent me on 1st March—the sums are entered in the ledger to his credit, and there are his entries where he has been paid as well—I did not enter it—I made no entries in the ledger; the prisoner made the entries—there is an entry on 25th October of 10l. paid to him—the 28l. was lent me by him to take up a bill—that was returned whenever he liked to ask me for 4l. or 5l.—that was settled on 30th November—he never applied to me for it before that—I borrowed it in March, 1863—he had 13l. 13s. on 30th November—he had orders always to enter all sales in the books—broken goods would be entered as job-lots—that may occur every week—I never told the prisoner not to enter goods—I am a married man, and have three children—I once went by another name besides Waddell—it was a foolish affair; to one family I went by the name of Gover—I gave my address as at Brixton—I was introduced to a young lady—I was not proposing to her—I did not wish her or her family to know my name—that is a few months ago—I did not wish to marry her—I did not wish her to know my name, because I was acquainted with a brother, and I wished to be on visiting terms with the family, and I did not like any of the to know my real name—I was not driving the young lady about to places; I have met her out—I have not taken her about to places of amusement—I would not swear it; it has nothing to do with this case of embezzlement—I mean to say that I was not proposing to marry the young lady—I did not say that I had expectations from my uncle, and was coming into a large property—I was married at this time, unfortunately, and had three children at home—I was living at Brixton with my wife and children—I gave my address, "Brixton"—I did not give the address where my wife was living—I gave an address in the City, Doctors'-commons—my warehouse is in Doctors'-commons—I did not say anything about Fish-street-hill—I did not tell the father of the young lady that, when I was twenty-five, I should come into possession of considerable property from my uncle—I said I had an uncle who was appointed guardian and executor to my father's estate; that was all I said about my uncle—I certainly told them I was pretty well off—I said I lived with my uncle occasionally, and that I was clerk to him—that was not true—I used to call at this young lady's house some eight or nine months ago—that was about May or June—I had called there occasionally, but did not make
a practice of visiting there before that—it continued until about two and a half or three months ago—I did not often go about to places of amusement—I have taken her about, certainly—I did not make her pay for herself; the expenses were trifling—I mean really to say that I was not proposing to marry this young lady—I never told her father that I was a suitor for the hand of his daughter—I never exchanged half a dozen words with the father—he did not object to my taking her about without proposing for her—I believe he is an auctioneer—my wife came to my place of business some little time before the prisoner was taken into custody to ascertain from the books how much money I had been drawing—the prisoner's wife had told her that I had had a good deal of money out of the business—I proposed to the prisoner to copy out of the ledger what I had received for the last six months—the prisoner did not refuse; he said he would do so—I did not propose that he should show her that what I had only amounted to 25l. a month—he wrote down various sums on a piece of paper—I told my wife that I lived at the rate of from 350l. to 400l. a year—I copied out several sums entered by the prisoner in the ledger, and showed it to her—I don't recollect how much that amounted to—it might have been considerably more than 260l; it might have been less; I never calculated what the amount was—it was not about half the amount that I had really spent—I cannot swear that the ledger shows I had more than 800l., I very much doubt it—I told my wife it was between 300l. and 400l., and I believe my expenditure to have been that much, and no more—I let no bills go back till 5th November—I was selling plenty of goods, but receiving very little money—accounts for money came in—I was compelled to go to the Bankruptcy Court through the defalcations of your client—I borrowed 20l. of my wife's brother—I raised 100l. through Walkerand Martineau—that was on my own property—when I first found out that the business was not paying as it should do, was after I had been ill five months—that was in April, 1863—I paid large sums of money into the bank to keep my business on—the investigation when a partner was proposed took place at the end of October—the prisoner told me I was worth 800l. when my debts were all paid and I had received all my money, and on the strength of that I asked 400l. for the good-will—through the prisoner, I represented that the concern was paying, and, to my mind, it was—I was aware in 1863 it was not paying as it should be—I was not aware that in October, 1863, I was insolvent; I was not insolvent—I represented to the proposed partner that I was doing 60l. a week, at a profit of nearly 40 per cent., according to the prisoner's own showing; I was led to believe it true, and I did believe it—I was short of money in April—the 28l. I had from the prisoner was to take up a bill—I had trade bills—my business is all done in bills—I have got my bills discounted—I did once pay large interest for money, through the prisoner's introduction, to a man named Isaacs, in the Strand—I sometimes sell goods myself in my warehouse—I have never sold goods and put the money in my pocket without informing the prisoner of it—I have done so—the money was my own—my writing is in none of my books, the prisoner kept my books entirely—when he was absent, I have made entries on pieces of paper and gave them to him, specifying who purchased the goods, what they were, and the amount sold—on one occasion he called my attention to the amount of 40l. that I had drawn from the concern within the last few days, and I denied it; I had not done so anything like that amount—that was about November or December, about the time the money he had received was missed; he said, "Have you any idea of the amount you
have had since the beginning of the month?"—I said, "No, I have not "—he then told me, and I said it could not be true, for I knew I had not—that was not at the time I was taking this young lady about; I had ceased all acquaintance with her—it was, I think, a few days before my wife came to the office to inquire—I kept no account of what I had for my own private use—I placed implicit trust in the prisoner—I should say I certainly had not more than 300l. or 400l. a year—I can't positively swear it was 600l. or less; I kept no account—at the time the prisoner drew my attention to the amount I had received since the beginning of the month and I said it could not be true, he went over the accounts with me and showed me his entries in the books—I might at times have had a pound or two from him instead of sending to the bank—I never borrowed anything from his wife—I think, at his house one Sunday evening, I asked him to lend me a sovereign and his wife gave it to him, and he handed it to me—I have slept at his house twice—that was in consequence of disputes with my wife—I have a traveller; he is here—he did not take out these very goods that I charge the prisoner with selling and not entering—the prisoner sold them himself—the traveller took out the goods that I was compelled to sell by auction, because they were useless—the goods mentioned in these three items were packed by the warehouseman, and taken out by him and our delivery-boy—the warehouseman would not make any entry—I have several of the prisoner's receipt-books here; there is no entry of 1st December in this particular book—there are several entries of sums from Johnson's, besides the one in question—I have two invoices here—the particular sum of 4l 1s. is not entered anywhere in my books—there are other goods to which these receipts are applicable entered by the prisoner—here is an entry on 13th November of "Johnson, 4l."—I know that does not apply to it—Mr. Johnson has the receipt for that—I know a man named Sherer; he buys broken goods of me—I did not, in his presence, tell the prisoner not to enter some goods amounting to two guineas—Sherer does buy goods of me—he did not pay me two guineas for goods, nor did I tell the prisoner in his presence not to enter the goods or the receipt of the money—I swear that—I am aware that Sherer is here—I will swear I told him nothing of the kind.
MR. ORRIDGE. Q. I believe you were intimate with the prisoner, independently of his being your clerk? A. I was very intimate with him—I did not tell him about this affair of the young lady; be knew of it; he set his wife to watch me—I saw the young lady at the Mansion House, and her sister and father; they were brought there by the prisoner—Mr. Lewis was with them—she was not called—my wife was also there, not with them, with me—I allowed the gentleman who was proposing to become my partner to bring his own stock-taker and accountant and see the nature of the business, and I allowed him two months to examine into the affairs—he was nearly every day in my warehouse—all the money which I paid into my bankers for the prisoner was repaid to him—the 28l. he lent me about 21st March last—I repaid him that as he asked for it—I attribute my embarrassments to the prisoner's fraud—there are nine sums that he has received and not accounted for—I only went into those nine cases—they amount to about 25l.—that includes the three sums charged in the indictment—the accountant went through my books and found a deficiency of 300l. in eleven months' trading—I don't mean that the 25l. is all I attribute to the prisoner; that is the amount of the nine cases that I have taken—I have found out other cases besides those—there are matters of discount that he
has taken and kept, and then charged in the books—that would amount to a large sum—I did not go over with him the sums that he said I had drawn—I said to him, "You have not entered the items that I have had, but you have entered so much at the end of the month, 20l. or 30l."—all the sales to Jones and, Bonham were entered in the ledger; they amounted to about 12l. 12s.; one was 10l. and the other 2l. 12s.—there is no other sum entered in the ledger in the twelve months—I am not aware that any other goods were sent—I have given up to my assignees the accounts in which all this appears.
MR. METCALFE. Q. What is the amount of your debts? A. To my creditors, 800l.—my stock is worth 560l., and I am owed 200l. in cash—I have offered 10s. in the pound.
MR. ORRIDGE. Q. How much did you receive from your father? A. About 3,000l., with which I began business.
JAMES JOHNSON . I am a customer of Mr. Waddell's—I know the prisoner as being a clerk of his—these three receipts are in the prisoner's writing, and were given to me by him for sums paid by me—I believe they refer to these two invoices, one for 15l. odd, and the other for 4l. 10s.—the discounts made it come to 18l.—I paid all three sums to the prisoner himself on October 5th, November 13th, and December 1st.
JOHN MEYERS . I was town and country traveller to Mr. Waddell—I remember some goods being sent to Jones and Bonham; they were a class of goods that I could make a very little indeed with amongst the customers—they were slightly damaged in the gilding, and were a style of pattern that the customers at the west-end, who they were intended for, did not approve—they were unsaleable—I had had them out several times.
MR. METCALFE called the following witnesses for the Defence.
ALFRED OGAN . I formerly practiced as an accountant, but do not now—in the early part of December, last year, I was called in by Mr. Wainwright, who was about to become a partner of the prosecutor's, and went there to go over his books—I found that the amount of gross profit was very small—I was desirous of ascertaining whether that arose from an expenditure made for opening out the business, or from forced sales—I made an estimate as to the rate of profit which the prosecutor said he always got on his goods, and found that if that rate of profit had been obtained there was a deficiency of 300l. or 400l.—I called the prosecutor's attention to it, and asked him whether there had been any forced sales—he said there had been none whatever—I was subsequently called upon by the prosecutor, and Mr. Wainwright, to attend a private meeting at the White Hart hotel—the prisoner was present, and he was asked, in the presence of Mr. Waddell and Mr. Wainwright, to account for this apparent deficiency in the stock of 300l. or 400l.—Mr. Waddell told him that he held him responsible, inasmuch as he had had the stock in his care, and had kept the books for some time—the prisoner said nothing in reply, but he ultimately said, "I think, Mr. Waddell, you are treating me in a very unfair way indeed, in putting me in this position before Mr. Ogan and Mr. Wainwright, when you know I have frequently sold goods by your orders at the best prices that I could get"—Mr. Waddell made no reply whatever to him, and Mr. Wainwright and I then left—the prisoner referred to a stock-sheet, which had been taken on the 1st November that year, and that list was said to represent stock to the value of 600l.—on the stock being taken by myself, it was found only to amount to 300l. and some odd pounds—I said it would be much more satisfactory if that stock-list could be found, as any deficiency of stock could then be traced
—Mr. Waddell directly said, "Well, Mr. Wood, you had that list; why don't you produce it?"—the prisoner replied, "I can't produce it, you know that; you told me yourself that you had stuffed it away, to prevent Mr. Ogan seeing it"—Mr. Waddell made no reply to that—Mr. Wainwright left the matter in my hands; I was a personal friend of his—I asked the prosecutor several times as to whether there had been any forced sales—he never said anything about the sales to Jones and Bonbam—I never heard the names mentioned.
Cross-examined by MR. ORRIDGE. Q. Did you look over the books? A. I did; I did not examine them—I don't remember any inquiry about the entry of goods sold to Jones and Bonham to the amount of 12l.—I had never seen the prisoner till I saw him at Mr. Waddell's; they were both strangers to me—I went to a Mr. Levy on one occasion; the prisoner was there—the deficiency of 300l. was mentioned then—the prisoner said that what I reported he felt bound to believe to be correct, as he considered the accounts had been extracted in a very proper manner, or something to that effect—he admitted all along that he bad kept the accounts.
COURT. Q. Did the prisoner, at this conversation, state that he had paid money to the prosecutor which he had not entered in the books by his desire? A. No, nothing of that sort passed in my presence.
THOMAS WAINWRIGHT . I was the person for whom this property was being valued by Mr. Ogan—I was present at the White Hart—I heard the prisoner say that he had sold some goods, and that goods had been sold by auction in his name, and that he had sold goods at what he termed forced sales—I don't remember the conversation—I left the matter in the hands of Mr. Ogan.
Cross-examined. Q. When did you first enter into negotiations with Mr. Waddell? A. I think about the beginning of December—I went to his warehouse first to see what sort of business it was; that might have been about the latter end of October—I have not been negotiating for the business since Mr. Waddell's bankruptcy; I made him no offer—I did not offer him 800l. for it.
NEWMAN SHERER . I am a glass dealer, of 18, Finch-street, Whitechapel—I have been a customer of Mr. Waddell's many times—I have purchased goods of him almost every week, from him personally—sometimes when I have paid him he has put the money into his pocket; he made no entry while I remained—I have been there sometimes twice a day to buy goods, and always paid him; be always put the money into his pocket, and never gave me an invoice—he said, "Mr. Sherer does not want an invoice for his goods"—I have seen the prisoner there; I heard the prosecutor say to him, "Never mind about booking Mr. Sherer's invoices, he does not want any invoice for these goods"—the last time it was an amount of 2l., or something like that—I met him in Houndsditch, and he took me into his warehouse, and I bought two quantities of lustres of him; I generally used to buy job lots—I was with the prosecutor in Houndsditch on one occasion when the prisoner came out of Mr. Johnson's, and handed the prosecutor a paper, and said, "That is a cheque that I have received from Mr. Johnson"—Mr. Waddell said, "If you are going to the office, don't book this cheque till you see me"—that was in the beginning of October; I don't know the day of the month.
Cross-examined. Q. Do you know Hancock, the detective? A. Yes—I had no conversation with him about the prisoner—I did not tell him that the prisoner was as great a scoundrel as ever lived—I did say so, but that was because I thought the prisoner had sold some goods to a customer of
mine for 14l. that were worth 50l., but I found out afterwards it was Mr. Waddell—I am a dealer in glass—I bought some goods of Mr. Waddell, but chiefly damaged—I once asked Mr. Waddell to discount a bill of 12l. for me—he refused—I owed him 10s. for nine months—I always bought of Mr. Waddell—the prisoner never sold me goods without Mr. Waddell, because I always used to buy a good deal cheaper of Mr. Waddell—I buy of a good many foreign importers—I am not aware that Mr. Waddell was away from his business ill for five months—I used to go there nearly every week; sometimes I was in the country—I have missed Mr. Waddell at times—the prisoner used to send me away then, and said, "You say you can always buy cheaper of the governor"—I don't remember such a thing as Mr. Waddell staying away for five months.
COURT to JAMES JOHNSON. Q. In what way did you pay the 18l.? A. By cheque—I should say the goods were supplied a few days before—I believe 5l. was paid on account, and very likely the other sums also.
GUILTY.—Strongly recommended to mercy on account of the way in which the business had been carried on. The prisoner was further charged with having been before convicted at this Court, on 22d October, 1860; to which he
PLEADED GUILTY.— Four Years' Penal Servitude.
NEW COURT.—Monday, February 1st, 1864.
Before Mr. Common-Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
WILLIAM PERRY . I keep a tobacconist's shop, 8, Bowling-street, Westminster—on 2d November the prisoner came between 5 and 6 in the evening, and asked for half an ounce of tobacco—she gave me a shilling—I gave her the tobacco and 101/2d. change, and laid the shilling on a shelf at the back of the counter—there was no other shilling there—she then turned away very quickly—I put the shilling to my mouth, bit it, and called out very loud, "Here, Missus, this is bad"—she was then on the door-step—she could have heard it; she took no notice, but went away—I was alone in the shop, and unable to follow her—I left the shilling on the shelf till my wife returned from the country, on the 6th, and then showed it to her—on 13th December, at a quarter before 10 in the evening the prisoner came again—I knew her directly I went into the shop—she asked for half an ounce of tobacco—I served her, and she gave me a shilling; I tried it with my teeth, and found it was bad—I said, "Look here, this is bad"—she said she was not aware of it—I said, "This is not the first time you have been here; you were here on the 2d of last month passing bad money," which she denied—I am sure she is the person who was there on the 2d November—I had not seen her in the interval; I knew her features well—she said she did not know it was bad, and asked me to give it her back, which I refused—I gave her into custody, with the shilling—the one I took on the 2d my wife put into the fire and it melted directly—there was another woman with the prisoner on the last occasion.
EDWARD STENSON (Policeman, B 227). I took the prisoner at Mr. Perry's on 30th December, at 10 p.m.—I told her she was charged with uttering counterfeit coin—she said she was not aware it was bad—she told me she lived at 24,
Windmill-street, Golden-square—when before the Magistrate she said it was no use going there as it was a wrong address—the female searcher found three farthings on her—I received this bad shilling from Mr. Perry.
Prisoner's Defence. I am not guilty of it.
NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
GEORGE WICKERS . I keep the Green Dragon, High-street, Poplar—on 31st December, a little after 7, the prisoner came for a pint of half-and-half—I drew it, and saw him put down a half-crown on the counter—I took it up, put it in my teeth, and bent it—I said, "How many more of these have you got?"—he opened the door and ran away, leaving the half-crown behind him—I did not give him the beer—the constable came the next day, after the prisoner was given into custody, and I gave him the half-crown.
SOPHIA SIMS . I am barmaid to my uncle, who keeps the Ship, at Poplar; that is about half a mile from the Green Dragon—between 7 and 8 on the night of 31st December, the prisoner came in for a pint of beer, which was 2d.—he gave me a crown; I gave him the change—my uncle was present—I handed the crown to him; he said it was bad, and asked the prisoner where he got it—he said in Whitechapel, in change for half a sovereign—my uncle asked him where the rest of the change was, and he said he had spent it on the way—I went for a constable, and the prisoner was given in charge, with the crown.
CHARLES ABBOTT (Policeman, K 322). I was called to Mr. Gordon's on 31st, and took the prisoner—I produce a crown, which I got from Mr. Gordon—the prisoner said he had received it in change of a half-sovereign at an eating-house in Whitechapel—I asked him at the station what he had done with the other money—he said, "I bought victuals with it"—no money was found on him—I afterwards received this half-crown from Mr. Wickers.
Prisoner's Defence. I was not at the first house at all.
GUILTY .— Confined Nine Months.
BARON PLEADED GUILTY .— Confined Nine Months.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
FANNY CROXON . I manage the business at the King's Head, Fenchurch-street—on 6th June, between 3 and 4, the prisoner Baron came in and asked for three pennyworth of brandy—I served him, and he gave me a bad half-crown—I gave it to the waiter, Thomas, in the prisoners presence, and he had it cut in half, and brought it to me again, and I gave it back to Baron—he placed it in his waistcoat pocket, and paid me for the brandy in coppers—he made no remark—the cellarman followed him when he went out.
bad coin cut and given to him back—I followed him out, and saw him cross the road—Billiter-street is about 100 or 150 yards from the King's Head—I saw the other prisoner cross Billiter-street to Baron—they came across Fenchurch-street together, to the top of London-street, then turned down another little street into Mark-lane, and stood talking to one another at the side of a watchmaker's shop—I saw a policeman at that time, and called his attention to them—they were some seconds talking together—I stood at the policeman's side, and allowed them to pass—I saw them go into a urinal, and after they came out the policeman took them into custody—from the place I first saw Barton, I should think he could see our public-house.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. Is it not the fact that Baron was proceeding down Billiter-street, and as he crossed the road he met Barton, in the middle of the road? A. No; one crossed to the other; they met on the pavement—our house is on the right-hand side as you come towards the station—Baron crossed over to the left, in Fenchurch-street, and Barton crossed over to the left in Billiter-street—he was on the right, and crossed over, and then they walked off together—I watched them from a jeweller's window—previous to their going to the urinal, I saw them moving something together.
MR. CRAUFURD. Q. Is Billiter-street nearer the station than your house? A. Yes, a little—it was while they were in Mark-lane that something was being moved between them—I could not observe what it was.
JAMES ELLWOOD (City-policeman, 519). I was on duty at the Railwaystation, Fenchurch-street, and in consequence of information, I watched the prisoners—I first saw them in London-street, about half-past 3, or a quarter to 4—they were in conversation, and I saw Barton pass a piece of paper to Baron, which he put in his side coat-pocket—they then came up out of London-street, towards the Railway-station, and passed me, into the urinal—I stoodoutside the door—they both came out together, and were making off past the station—I went after them, and took them into custody—I searched Baron and found on him 18s. in silver, good money, 1s. 4d. in copper, and seven bad half-crowns; five of them were wrapped up in paper, and these two were loose, one in one waistcoat pocket and the other in the other—I found the packet of five half-crowns in the coat pocket, in which I had seen him put something before—I found on Barton a florin and three penny pieces, good money—Baron gave a correct address—Barton said he had no fixed residence.
Cross-examined. Q. How far off were you when you say you saw Barton hand something to Baron? A. Not more than fifty yards—I did notfind a cigar on Barton or the other man—I searched them myself.
BARTON received a good character.—
NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ELIZABETH DUNLET . I assist my brother, a tobacconist, of 6, Little Smith-street, Westminster—on Thursday, 7th September, the prisoner came and asked for half an ounce of tobacco, which came to three halfpence—he tendered me a half-crown—I gave him the change, and he left—I put it on a table, where there were no other half-crowns—I afterwards tried it in the detector, and it bent—I then put it on one side in a saucer, which I put into a cupboard, and eventually gave it to a policeman—on 19th December, about 3 o'clock, the prisoner came again, and I recognised him—he asked
for half an ounce of twist tobacco, and gave me a shilling—I asked him if it was good—he said that he hoped it was—I tried it in the detector, and it broke—I gave him the largest piece, and kept the small piece, but have since lost it—he said that his old woman had given it to him, and left the shop—I did not see him again till he was in custody—I have no doubt he is the man.
ELLEN JOHNSON . My brother keeps a tobacconist's shop in Rochester-row—I was serving there in December, between 2 and 3 o'clock, when the prisoner came in for an ounce of thick twist, which came to four pence—he tendered me a half-crown—I saw that it was bad, and bent it in the detector—I then put it in again, and took a piece out of it—he said that he got it at Mr. Morriss's, a tea grocer, in the Broadway—there is a Mr. Morriss there—he told me not to put the tobacco in the drawer, for he would go back and get the money from the man at the hospital-gate, but he never came back—he was in uniform.
WILLIAM THEOBALD . I am assistant to George Morriss, grocer and tea dealer, of 3, Chapel-street, Westminster—on 23d December, between half-past 4 and 5, the prisoner came in, and I saw Thomas Wyborne, another assistant, serve him with half an ounce of tobacco—he threw down a shilling, which bounced on to the floor—the prisoner picked it up, I believe, and it was put on the counter—I took it up, gave him 101/2d. change, and he left—I put the shilling in the till—there was some small change there; I do not know what—shortly afterwards I went to the till; I had not put any other shillings in since; I found a shilling on the top of the small change, and there was no other shilling there—I took it out and placed it on the shelf—half an hour afterwards, the prisoner came in again, in uniform, and asked me whether I had given him half an ounce before, or two half ounces—I said, "Half an ounce," and that he had the change correct—he then tendered me a bad shilling, which I discovered at the time, and spoke to my employer, in the prisoner's presence, stating that he had passed one previously and had come to pass another—he said that he knew nothing about it; some one had given it to him at the Tons, and he would go and get good money for it—my employer asked him his name—he said, "James Morriss, of the Coldstream Guards, Wellington barracks"—he left, and I sent Randle to watch him—I put the second shilling on the shelf, with the other, and afterwards marked them, and gave them to the policeman—the prisoner did not come the next day, but he did the day after, and paid 101/2d. in good money, for the first shilling he had passed—he was not detained.
MICHAEL KING (Policeman, A 287). On 29th December, I went to St. George's barracks, with Theobald—the Cold stream Guards were there, and he identified the prisoner—I took him in charge—he said nothing—I found on him 6d., 4d., and some halfpence—I received these two shillings from Theobald, and this half-crown from Duncan.
JOHN RACKLEY . I am serjeant of the first battalion of Grenadier Guards, quartered at St. George's barracks, London, for the last three months—the prisoner is one of my battalion—we were all there in December.
Prisoner's Defence. The money was given to me; I was not aware that it was bad; I went back on the 3d with the half-crown; I was not apprehended till a week after.
GUILTY.*— Confined Eighteen Months.
RAMSAY PLEADED GUILTY .— Confined Nine Months.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
SARAH WARD . I keep a haberdasher's shop in Edward-street, Soho—on 11th January, Ramsay came in for a cap-front, which came to 23/4d.—she gave me a half-crown—I gave her change, and held it in my hand till she was gone, when I found it was bad—I broke it in two, and gave the largest piece to the policeman.
EMMA DONALDSON . I am assistant in the shop of Mr. Harriss, a jeweller, of the Edgware-road—on 11th January, between 3 and 4 o'clock, Lee came and asked for a toy cap out of the window; it came to 21/2d.—she gave me a half-crown—I gave her the change, and she left—I placed the half-crown on the desk by itself, and afterwards gave it to the policeman—about 5 o'clock, Ramsay came in and pointed to a teetotum in the window, which came to 6d.—she gave me a half-crown—I tried it with my teeth, and took it next door to Mr. Chick, a silversmith, who broke it in trying it—I came back with the pieces, and gave them to Ramsay, who left the shop saying, "Oh, it is bad I see"—my master came back with me—I did not observe Lee outside the shop.
DANIEL HALSEY . I am a jeweller and fancy dealer, of 10, Edgware-road—on 11th January, I was in the shop next door, which is a jeweller's, when the last witness came in—I then went out and saw Lee, but before that I saw the half-crown tried and broke in half—I went back to my shop, and saw Ramsay—I asked her where she got the half-crown, which was thrown on the counter before her—she said that she was sent with it from some one in the side street—I saw her go out—she joined Lee, and they went away talking together—I followed them for twenty minutes or half an hour, and saw Ramsay go into the shop of Mr. Smith in the Edgware-road, while Lee waited outside—I saw a coin presented, and went in and asked Mr. Smith if he had got a counterfeit coin—he said, yes he had just broken it—I said to Ramsay," Have you got another one that you have been sent with from the side street?"—she denied all knowledge of me; and was given in charge—I went to the station with her, and while there Lee came to ask about her friend, who she supposed had been locked np—I pointed her out to the inspector, and she was given in custody.
RICHARD SMITH . I am a draper, of 16, Edgware-road—on 11th January, about a quarter to 5, Ramsay came in for a small victorine, which came to 71/2d.—she offered me a half-crown—my assistant took it up, and put it at the top of the till by itself—I never lost sight of it—I took it up and broke it in two, and while I was doing so, Halsey came in, and the prisoner was given in custody—I saw nothing of Lee.
JAMES MARSHALL (Policeman, D 53). Mr. Smith gave Ramsay into my custody with this counterfeit half-crown—Lee afterwards came to the station and asked if a friend of hers had been locked up from the Edgware-road—I took her into the charge-room and Mr. Halsey identified her, and gave her in charge—she had a muff in which was a small cap-front with the address, Miss Ward, Edward-street, Soho, also a packet of needles—Miss Donaldson gave me this toy-cap, and this half-crown.
Lee's Defence. I asked if Charlotte Baker was locked up at the station, and described her; they said, "No;" I was going away, and a gentleman said, "I saw you in the Edgware-road," and looked me up.
LEE.— GUILTY .— Confined Nine Months.
MESSRS. CRAUFUED and COLERIDGE conducted the Prosecution.
MATILDA HARDINGHAM . I live at Land-end-place, Fulham—on 24th January, Ward came into my shop for half an ounce of tobacco, and a short pipe—he offered me a bad florin—I said, "Have you nothing better than this; this does not suit me"—he gave me a good half-crown, and I gave him the change—I instructed Foster to follow him.
Cross-examined by MR. COOPER Q. What time did this happen? A. About 6 o'clock in the evening—I had a gas-light—all I can say is, that the coin was bad by the feel of it—I am convinced it was bad—it was a Victoria florin—I do not think I could take a bad coin.
CHARLES FOSTER . I saw Ward come into the shop, and receive some change—I followed him out—he stood at the door about three minutes,—Williams then came round the corner, about twenty yards off, and Ward joined him—they walked together about fifty yards down a lane—I heard them talking, and followed them to a cook's window, where they appeared to be sorting some money at the gas-light—they were there three or four minutes, and then went twenty-four or twenty-five yards, and Ward went under a wall where he was for about five minutes—Williams then went, and Ward passed twice into Mr. Pearson's, the Imperial Arms—he then went in, and Williams went to the other side of the road and looked across at the house—I waited till Ward came out—he then crossed to Williams, and I went into the Imperial Arms, said something to Mr. Pearson, and then followed them again, and pointed them out to a policeman, who took them in custody right opposite the station.
Cross-examined. Q. Are you quite sure Williams is the person you saw? A. Yes; I had never seen him before—I was close to him, and touched him as I passed.
MARY JANE DOBEE . I live with my uncle, Mr. Pearson, who keeps the Imperial Arms, Stanley-bridge, Fulham—on 23d January, about a quarter to 7, Ward came in for half an ounce of tobacco and a short pipe—he gave me a florin which I put in the till; there was no other florin there—I gave him change, and directly he was gone Foster came in and spoke to my uncle—I went to the till and took out the florin.
Cross-examined. Q. What money was in the till? A. A half-crown and some sixpences only.
JOSEPH PEARSON . I keep the Imperial Arms—I was there when Ward came in, but did not see him—Foster spoke to me, and the little girl went to one till, and I went to the other and found a bad florin, which I gave to the police-sergeant.
Prisoner. Q. Did not you say at the police-court that after you took it out of the till you handed it to somebody else? A. No; I placed it on the mantel-piece, and took it from there to give to the policeman the same night.
HARRIETT STEPHENSON . I am the wife of John Stephenson, a tobacconist, of 1, Maxwell-terrace, Fulham—on 23d January, Ward came in for some tobacco, and tendered me a florin—I said I did not like the look of it; it
looked too bright—he said that it was a new one—I put it in the till, and looked at it with another which was much duller than the one I had taken—there were only those two florins there—I gave him change and he left—I took the half-crowns and florins out of the till shortly afterwards, put them in a little box, and put smaller change in the till—I gave the bright florin to Sergeant Ayres the same night—I am sure the prisoner is the person.
Cross-examined. Q. Had you ever seen him before? A. No; I know him by his beard and his height.
WILLIAM AYRE (Police-sergeant, V 28). Foster called my attention to the men, and I took Williams close to the police-station—there are some steps going up to the station, and an area to the right; as I was taking him up the steps he threw away a small parcel tied up in white paper, which he took from his left trouser's pocket—I endeavored to catch it, but could not, and it fell into the left-hand area—it sounded like money—he then took his hand from his right pocket, and threw a bundle into the right-hand area it fell with a dull sound—I gave him in charge, went into the left area, and found this paper parcel containing six bad florins, and a foot or two off another florin—I searched Williams, and found eleven shillings, three sixpences, two groats, a three penny-piece, and twenty-one pence and halfpence, all good; ten half-ounce packages of tobacco, a packet of sweets, a knife, a key, and a handkerchief—I received this counterfeit from Mr. Pearson, and this other from Mrs. Stephenson.
Cross-examined by MR. COOPER. Q. Did Williams come from America about October last? A. I do not know—he refused to give his address.
MATTHEW FAULKENER (Policeman, V 396). I examined a coal-cellar on the right side of the police-station on 23d January, and found three parcels wrapped in separate papers in this handkerchief, one containing nine shillings, one eight shillings, and one a florin, all counterfeit.
Cross-examined. Q. Would the area on the right-hand side be on the lefthand of a man going into the house? A. Yes; I was going out, and it was on my right—it would be on the left of a man who was being taken up the steps.
WILLIAM BAKER (Policeman, V 106). I took Ward, and saw Eyres take Williams—I walked behind, and saw Williams put his hand into his right trouser's pocket, and before I could get hold of it, he threw a handkerchief from his right hand into the area—I did not see the paper parcel, but I heard something which sounded like money, and said to the sergeant, "He has thrown something over the area"—he threw it to the right area going up towards the coal-cellar door—I found on Ward two good florins.
WILLIAM WEBSTER . The two florins uttered are bad, and from the same mould—here are seven other florins, six are from the same mould as the former two—these seventeen shillings in the handkerchief are bad.
Ward's Defence. As to the tobacco, I never went into the shop, and do no not know where it is; I acknowledge going into the other shop, but did not know that the coin was bad, or that Williams had bad coin on him.
WARD— GUILTY .*— Confined Eighteen Months.
WILLIAMS— GUILTY .— Confined Eighteen Months.
The following prisoners also
[Pleaded guilty: see original trial image.] recommended him to mercy.— Confined Six Months.
226. JOHN OFFICER (23) , to embezzling 5l. 2s. 6d., and 43l. 15s. the moneys of Archibald Templeton and others, [Pleaded guilty: see original trial image.] who recommended him to mercy.— Confined Eighteen Months.
227. CHARLES ALBERTI (27) , to feloniously forging and uttering an order for the payment of 94l. and an order for the payment of 214l.— [Pleaded guilty: see original trial image.] Five Years' Penal Servitude.
229. WILLIAM COOK (15), and LEWIS MORRISS (14) to burglary, and stealing a blanket, a jacket, and a quantity of bread, the property of the guardians of the Parish of St. Marylebone.— COOK— [Pleaded guilty: see original trial image.] Confined Four Months; the Rector of the parish undertaking to send him abroad.
MORRISS— [Pleaded guilty: see original trial image.] Confined Three Months, and Three Years in a Reformatory.
232. THOMAS FISHER (18) , to a burglary in the dwelling-house of William Thorne, and stealing therein 2 handkerchiefs, and other articles, his property.— [Pleaded guilty: see original trial image.] Confined Twelve Months.
234. LEWIS EDWARD LUCAS (31) , to embezzling 5l. 2s. 6d., and 10l. 13s. the moneys of John Turner, his master, [Pleaded guilty: see original trial image.] who strongly recommended him to mercy.— Confined Three Months.
OLD COURT, Tuesday, February 2d, 1864.
Before Mr. Common Serjeant.
MESSRS ORRIDGE and LEWIS conducted the Prosecution.
WILLIAM VERGO WILSON . I am a chemical colour manufacturer, at Jubilee-street, Mile-end—I formerly had an office in Leadenhall-street, and carried on business under the name of Wilson and Fletcher—I have known the prisoner for about three years—I was formerly a creditor of his, and afterwards took him into my service, at a salary of 200l. a year—that was in July, 1862, during the existence of the partnership between myself and Fletcher—I think the dissolution of that partnership was gazetted in March or April, 1863—the actual dissolution was before it appeared in the Gazette, I think, in February—the prisoner continued as clerk up to the time of dissolution and afterwards—some time after the dissolution with Fletcher, the prisoner expressed a wish to become a partner, and made a communication to me—he told me his uncle was desirous of assisting him here in England, and for that purpose he would advance a certain sum of money, and he hoped on that account I would take him into partnership—I stated that if the sum of 1,580l. was forthcoming, I might then, on certain terms, do so; 1,000l. for his share in the business, and 580l. on account of my loss on the old estate, which I had taken up and paid a
composition for—750l. was paid into my bankers, which the prisoner represented as coming from Mr. Aubenheim, of Worms, his uncle—I think the last payment was some time in March—the 750l. was paid in in two sums, one of 500l. and the other of 250l.—some time afterwards, when the prisoner brought me some bills for acceptance, he told me his uncle would be unable to advance any further sum, and he had drawn on me, on the sum which he had paid—I accepted two of the bills, and at a later date, I accepted another—they have been paid—the 750l. has been repaid to the prisoner—these are the bills (produced)—the gross amount of them is 750l.; they were in repayment of the 750l. advanced—I paid these three bills of exchange—the prisoner told me the 750l. had come from his uncle, and he had paid it in—these bills were drawn by the same gentleman, Mr. Aubenheim; at least, I suppose so; it is the same name, Aubenheim, of Worms—in March, 1863, I had occasion to go abroad either for a fortnight or three weeks; I authorized the prisoner to sign my name to cheques, and so forth—I banked at the Bank of London—this (produced) is the authority which I gave—(Read: "To the Directors of the Bank of London; 9th March, 1863. Gentlemen, We request you will, until you receive written directions from us to the contrary, treat and consider Adolphus Oppenheim, as fully empowered by us and on our behalf, to draw and sign cheques; and to draw, accept, and indorse all bills of exchange and promissory notes in our names; to negotiate for and take discounts and loans, with or without security, on our account; and to pledge or deposit any species of security for the repayment of such loans; and generally, in all dealings and transactions between us and you, to act as fully and effectually for all intents and purposes as we or either of us could if personally present and acting in the matters and transactions aforesaid; for all which this shall be a sufficient authority for you, your managers, clerks, and officers; and in the case of the dissolution of our partnership, as to all matters and things after such dissolution shall be done by the said Adolphus Oppenheim by virtue of or in pursuance hereof, we engage that (as far as you are interested or concerned) such acts of the said Adolphus Oppenheim shall be binding upon us and each of us, and all other persons claiming from or under us, unless notice in writing of such dissolution shall have been previously given to you, by some party entitled to give the same. (Signed) Wilson and Co. A. Oppenheim will sign Wilson and Co.")—I signed the name of the firm as Wilson and Co.—after the dissolution with Fletcher, I carried on business as Wilson and Co.—I remained away about three weeks, and returned about the latter end of March—I afterwards left again on account of illness—I left in May completely—I was laid up in bed, unable to move—previously to that, I was for some time very unwell and only occasionally able to go to business—during all that time the prisoner was managing the business—I returned to business on 6th June, and then found this letter in the prisoner's handwriting—he had not given me any notice that he was going to leave; I expected to find him at the office as usual—(letter read: "43, Devonshire-street; Friday, June 5th, Dear Wilson, Do not judge me before you see me again, which will be before long; forgive the trouble I have heaped upon your head, and do not curse your heart-broken A. Oppenheim.")—After I paid those bills of exchange no mention was ever afterwards made by the prisoner to me of a partnership; the question was never discussed between us—he was not a partner at any time—his salary continued up to 6th June—it was paid at any time—when he took journeys his salary was not paid; it was not
really finally settled till the end of six months, at the time the general accounts, were settled—he took money from time to time when he required it; at any convenient season—when he was away, or travelling on a journey, of course it could not be paid to him—I afterwards received this other letter from him; it is in his handwriting—Read:" Barcelona, Tuesday, June 9th, 1863. Dear Wilson, When I got up last Friday morning, I had no more idea to leave London than you had of leaving Europe. I went over to the factory, looked round, &c., and then walked to Leadenhall-street. I had expected a remittance for 500l. for the last few days previous to cover some liabilities which were falling due out of my old estate; and expecting this remittance, I had in the meantime drawn sufficient from the bank to pay these bills, meaning to repay the sum on receipt of the money, which I expected daily. I would not have done so, however, but for the 750l. which I had previously paid into the business, and thinking it no barm to withdraw part of the sum for a few days. On that Friday morning, I learned that I would not receive the expected remittance, and at the same time a letter from your bank arrived, saying they had the day before returned a bill of 100l. 8s. unpaid, on account of insufficient funds, we having no right to draw under a balance of 300l. This news, coupled with the knowledge of further liabilities which I then saw no hope of meeting, fairly took away my breath and benumbed my reasoning powers. I walked about the streets for an hour or two, having no heart to stay at the office, vainly trying to think what I could do to make everything right; the more I thought, the more disheartened I got. The fact of some of your bills falling due on that very Friday, and the fact of not sufficient funds to meet them on account of my inability to repay, at once, the sum I had withdrawn, almost drove me mad. There was already enough besides to do so. My dear uncle had made himself liable, on my account, for a considerable sum, and the payment of this will all but ruin him. You have no idea what I suffered, and what I suffer still. I walked about on that dreary Friday not knowing which way to turn; I had not the heart to face you; I knew you could not forgive me, and, what is more, that I did not deserve it. In my despair, the thought forced itself on my stunned mind to leave England, and before I fairly knew where I was, I was travelling away to France. Sick at heart, I travelled, and travelled, and travelled without stopping, till I came here. I arrived at Barcelona last night, and I cannot rest till I have despatched this letter to you. I am NOT a bad man, for all that you must think so; circumstances were too strong for weak me and overpowered me. I can hardly hope that you will judge me or my doings rightly, but, on the contrary, that you will despise me as one unworthy of your friendship. I pray and beg that the power may be given me to make good everything towards you; and I shall not be myself again till this is accomplished. I mean work, and can work; and this, dear Wilson, makes me hope that to accomplish it may not be out of my power. You may, perhaps, resent my calling you still 'dear Wilson,' but for the world of me I cannot do otherwise. A. Oppenheim.")—The prisoner had no authority to discount bills at any "other place than the Bank of London—he had no authority to discount with Mr. Hermann—these (produced) are bills of exchange drawn by me; they amount in the aggregate to 239l. 3s.—I have the pass-book here—100l. was paid to my credit on 5th June, and a country draft of 22l.—that is entered in the cash-book—it may have been payable in London—this is the cash-book kept by the prisoner—the last entry appears to have been made on 3d June
—it was his duty to enter all sums of money received and paid by him—there is no entry of the 239l. whatever—there are subsequent entries, but those were made by the accountant—the last entry in the prisoner's writing is 3d June.
COURT. Q. Were the bills to the amount of 239l. 3s. bills that you discounted? A. No, bills that were lying in my safe, and which were appropriated by the prisoner.
Cross-examined by MR. METCALFE. Q. Is there a bill-book? A. Yes; it is here—there is an entry of 116l. 5s. 6d. in the pass-book on 4th June—that sum was paid in by some one to my credit on 4th June—there is no entry in the prisoner's handwriting on 5th June; it is Mr. Scobell's writing, I believe; he assisted me with the accounts—there are two sums of 100l. entered on 5th June—that was not cash paid into my hands on account of Oppenheim; it may be entered "A. Oppenheim, 100l."—I know there are a great many irregular entries there—I have looked over many of those items—I find two entries here of 100l. each—I can only explain as to those entries that moneys have been withdrawn and paid in a very irregular manner—I am attributing to him that he has taken 100l. out of 200l.—one of those huudreds represents half of the produce of that bill; I can't say which, inasmuch as they are both on the same date—it is one of them, whichever you like—100l. of those two items represents 100l. out of the cheque—it was a cheque, I believe—the other 100l. represents money that was given to him and accepted for another of my cheques—I think I can find that one—this is the cheque, I believe (produced)—it is dated June 8th—I am sure it is the cheque for the money that is entered in the cash-book as June 4th—the prisoner did not get the money for that cheque from the bank; he exchanged it with some one else; I believe, with a Mr. Werner—I don't know whether he is here—I believe some one is here to speak to this cheque; I can't say positively—it is entered in the pass-book on 8th June, therefore it is clear that some one else presented it at the bank—that person will be here—I can't say which of those two 100l. was paid in by the prisoner, because they are entered in the same manner—in his second letter, he speaks of a 100l.-bill being returned by the bank on the 4th—116l. 5s. 6d. was paid in on the 4th, but I think that was money that came from customers—money is continually being paid into the bank—money was paid in on 4th June—there were the two 100l. I have mentioned, 9l. 13s., and 5l., 8s., paid in on 4th June—it becomes necessary for me to put the small sums together to make it—on the 4th and 5th, there is 100l. paid in by Oppenheim, and 16l. 5s. 6d.—the 100l. I assume to be the 100l. derived from those bills—I don't know who put "4th and 5th" in the margin—they are not my figures—on the 4th, there was 116l. 5s. 6d. paid in, and on the 5th, 22l. and 100l.—that 22l. is a country draft, which would have been paid in some time before—100l. was paid in on the 5th, excluding the 22l.; 216l. 5s. 6d. altogether on the two days—the entry in the cash-book is not 215l. 1s. 10d.—there are many entries; you may pick out any sum you like, if you choose to take the wrong entries—there is the sum of 200l. and the sum of 16l. 5s. 6d. put to Roley and Dix, making 216l. 5s. 6d. one 100l. of that was an acceptance for my own cheque for 100l.; on that cheque of the 8th was given an acceptance of another cheque, I presume, of the 4th or 5th—I know the bill was refused at the bank on the 4th or 5th—I believe, on the 4th the prisoner paid into my account from his own bank the sum of 100l.—that was not in consequence of that bill having been dishonoured, or to
meet it; it was to meet another cheque which was drawn against it—you have seen that cheque—it was given to Werner, and accepted for another cheque of Werner's, which I dare say Mr. Werner will he able to produce—I cannot say what the 100l. cheque which the prisoner paid into my bank was to meet—that eheque was exchanged for one of Werner's; it was given and accepted for a cheque given to him by Werner—I don't know what it was given for; I can't discover his motives.
COURT. Q. Do you mean he raised 100l. by Werner's accepting a cheque, and then afterwards paid 100l. to your credit? A. Yes.
MR. METCALFE. Q. He paid that on the 4th? A. Yes, and also 100l. on the 5th—I can't say that made up the 200l. he had received—100l. had gone out again—he left on the 5th June—I had left him for some time before that in sole charge of the business—I can tell how much was paid to my credit in June by looking at the pass-book—I cannot read the items out through June—on the 23d of May there was paid in 9l. 10s., 32l. 5s., 16l. 6s. 6d, 18s. 6s., 180l. 9s. 6d, 16l. 18s., 441l. 10s. 6d, 27l. 3s. 5d. 118l. 4s. 2d.—there would be considerably more than 1,000l. paid in from the 23d of May to the end of June in the ordinary course of business—the last payment was 100l., on the very day the prisoner went, but that was paid in as being received from my customers—it was paid in by him—there was a memorandum drawn up for a partnership—it is a preliminary kind of document—Mr. Mullens has it (produced); it was sent to my solicitor some time in March, about the latter end of March—I had before that received the 750l. I spoke of—500l of that was paid on 26th February I think, and 250l. on 16th March—I believe those were the dates—the date of the authority to the bank was the 9th March—I went abroad on that day—I gave him power to draw, because I was going abroad—I was gone a fortnight or three weeks—when I returned, I was at the manufactory, not at the office—I scarcely went to the office at all—the factory is about a mile and a half from the office I suppose—I went to the office occasionally—I partially attended to business for the space of a month, or five or six weeks, after I returned from abroad—this memorandum is in my handwriting—I believe I prepared this after I came back—during the four or five weeks I was at business after I came back from abroad, I did not revoke the authority to him to draw on the bank—it was withdrawn after his departure—I drew cheques myself as well, at that time, concurrently with him when he was away, sometimes one drew, and sometimes the other, for a short period; cheques and bills too—I was very little at the office indeed—I gave the 750l. in bills to the prisoner for repayment of the money—I told him it was in repayment—it was repaid as so much cash that I had previously received—I mean to swear that—I have since taken steps against Aubenheim, and received some money on these bills from him—in consequence of the prisoner's departure, and my discovery of the means by which he had raised the money, I considered that Aubenheim was not entitled to have drawn those bills, and took proceedings against him—I treated him as a rogue—the money I paid for the bills was the payment of the 750l.—I have received a very small sum of money from Aubenheim, not above 51l. out of 750l.—I am not charging the prisoner with taking that 750l., but with drawing certain sums of money from the bank—the private ledger is here—125l., or some sum in florins, was received over in Worms—I had the account handed to me by my agent, which you are at liberty to inspect—Aubenheim paid a certain sum in florins, which I suppose would amount to 125l.; two of these bills were accepted on 15th April, and the third was arranged to be accepted—I have
no entry of the third; I can't say when that was accepted; it was the prisoner's duty to keep the books—I promised to accept it, when it was presented—I had had other bill transactions with Oppenheim before—there are several entered in my bill-book, some time back—these two bills were not first given to me in order to be discounted by Oppenheim—the third bill was not given as a renewal of the other bills—the third bill is dated in the prisoner's handwriting, and I had no knowledge of the date until I again saw the bill—I can say most positively that this bill, dated 28th May, six days before the others became due, was not given as a renewal of the other bills; I never dreamt of such a thing—I believe it was accepted early in May—I have no memorandum at all—it was accepted by me at my own house—it is in my handwriting; it was given to the prisoner, whose duty it was to enter it—I had not raised money on other bills besides these—I had discounted bills at the bank in the usual commercial way—I had dissolved partnership with Fletcher before I gave the authority to the bank, and altered the name of the firm from Wilson and Fletcher to Wilson and Co—I gave notice to the bank of that—I went and changed the signature at the bank myself—I told them at that time that I had no partner, and I signed only myself—that was some time in February—I had no partner after that.
Q. You say in this authority, "And in case of the dissolution of our partnership;" what do you mean by that? if that does not apply to the prisoner, to whom does it apply? A. I did not write that; it is a printed authority given by the bank to me—it the usual form of the bank, and applies to any person—there was money paid in at that time on account of the projected partnership, 750l., and shortly after that I wrote out this memorandum of partnership—I imagine that the words," in case of the dissolution of our partnership all such acts of the said Adolphus Oppenheim shall be binding upon us," in plain language means, that I would be responsible for all cheques and bills signed by him, but as far as any partnership was concerned, there was nothing of the sort—I had received his money, and, so far as it was paid into the bank, I used it, and I repaid it on those bills—I imagine when I accept a bill I am so far responsible for it, that I consider I have repaid the amount—I gave the bills to the prisoner—they went through him to Aubenheim I suppose—I said I had given them to the prisoner for Aubenheim—I lived at Bow, in the Mile-end-road—the factory was much closer than the office; a mile nearer, and that is something when you are not well—I only signed bills and cheques occasionally then—I had the whole of my operations to attend to at the factory—I had machinery and plant, and so on—I was not well enough to go to the office—I have the key of the private ledger here—there is an account made out, "A. Oppenheim's drawing account"—" on 26th, cash, 500l. "; that is the sum I spoke of as the first instalment of the partnership; then "March 14th, 250l.," "May the 9th, 150l."—that 150l. was not a third sum paid on account of the partnership—that is a memorandum that was made after the departure of the prisoner; a memorandum of the accounts as they stood in the cash-book—that sum of 150l. is a sum paid in by the prisoner in an irregular manner that is all I can say—I don't know whether I took the cash; it was paid into the bank, I will admit that—I had no way of distinguishing it then—I suppose the money was used; it is entered in his own handwriting, "May 9th, A. Oppenheim, private, 150l."—that was not an additional sum, part of the 1,000l. that was to be paid—it was a sum that was sent up from Glasgow—the prisoner was on a journey then—it was received in the
ordinary way with other sums of money—when he was on a journey, he sent up the cheque, on his own private bank it appears—I was not aware of that at the time—I was not aware of it until you mentioned it to me at the Mansion-house—on looking at my papers, I found it was so—it appears it was not part of my journey-money—he could not enter it at the time in my bank, because he was away—it was entered by Colter, my clerk—he is in Court—I am not aware that Mr. Scobell is in Court—I believe that sum was sent us as an ordinary remittance on a journey—if you ask me why I think he sent a cheque on his private account, I should say that he had a design in it—on my oath the prisoner did not tell me, a few days before he went on that journey, that he would pay another cheque of 150l. towards the partnership, and that cheque was not sent up for that purpose—I don't know what it was sent for—I have entered it in the private ledger, not in his private account—I can give no other explanation of that 150l. except that it was an ordinary remittance—I had no means of distinguishing it—I saw a letter of mine to the prisoner at the Mansion-house—I don't know where it is now—I handed it back to you—I then admitted, as I do now, that the cheque for 150l. was irregularly paid—it ought to have come up with other moneys—I was not aware that it was on his private account—he remitted the journey-moneys in various ways—he was in Scotland at this time, and if he received a lot of Scottish notes, he would send me them up—I did know then that he had a private banking account—my pass-book would not show it—it would show 150l. more than I ought to have; but the prisoner would balance his account when he came from his journey—I was not in the habit of looking at the books at that time—that sum of 150l. was marked "private" by the prisoner—I should expect him to balance his account when he came home, and if that 150l. was deficient, I should certainly call upon him to account for it—when I came to examine the journey-account, I found it correct, without counting the 150l.; that was a surplus—I have taken no active steps in repaying or receiving—he has taken a very large sum—there was another sum of 150l. paid in on 23d—I have every reason to believe that that came from a Mr. Hermann—I can only say it was paid in—I know nothing of another sum of 150l. odd on June 1st—the two sums you previously called my attention to of 100l. each I have entered in this private ledger as on 3d June—I have given the prisoner credit for those—that 200l. on 25th May, I believe was drawn in one note, and was paid to a Mr. Chineworth by the prisoner, for what purpose I don't know—I have not included that sum of 200l. on those five bills—that is a mere rough account made up at the moment—all the sums I charge him with are not included there—I did not know of them all at the time—this (produced) is an account prepared—the total is 918l. 8s. 8d. which I have to his debit, that is the balance; in making up that sum I do not debit him with the three bills for 750l.; I do not find it here—the item at the top of the page, which is 750l., is a sum composed of other small sums brought over—I have made this out since I was at the police-court, not under the advice of my solicitor; it was a regular account prepared—my solicitor had several times asked for accounts—he told me I must prepare an account to include all sums—there are sums in there we had no knowledge of at the time—that account was simply a record from the cash-book; it was prepared for my own guidance—these are items read out to me by Mr. Scobell—I wrote at his dictation; he had the books before him—it does not include all the drawings charged against the prisoner when he was at the Mansion House; it was produced because
you wished to have it—it was not prepared with care or accuracy—it did not include all the drawings I then charged him with taking—I did not strike a balance, because at the time that was done actions were pending on some cheques, which I have had to pay—this had nothing to do with the actions at all—I was only saying that at the time it was prepared, in June, these payments were not absolutely made which I have subsequently included—I have since included the payment of a cheque for 150l., dated somewhere about June 8th, a post-dated cheque—there was another cheque dated June 8th; I have no doubt it is here; it may have been June 5th—yes, this is the cheque (produced); it is for 150l., and is dated June 1st—here is another one dated May 23d; that was paid on May 30th—there is an entry there of that—there is also an entry on June 1st, of 125l.—the day book is here—that cheque for 125l. is dated May 30th, and entered here June 1st—the 150l. and the 125l. cheques have not changed places, because the 150l. was not paid till some time afterwards—it is quite possible, for this reason, that at the time I made that account it was not entered in the bank account—if a cheque is given on May 30th, it is very probable it would only be paid in on June 1st—there is only one cheque on May 30th, and one dated June 1st here—this one, dated May 23d seems to have been retained by some one, and then paid in on the 30th—I charged the prisoner with stealing special sums, amounting altogether to 800l.—I think I have repaid the 750l. the prisoner paid in by the bills, and therefore he had no right to draw out this 800l. under any circumstances—he says, in his letter, that I had 750l. of his, and I say it is not true—I say I repaid the sum lent by Aubenheim by the bills—I have not charged the prisoner with so large a sum as he has taken, and therefore the 50l. before mentioned has been virtually deducted—he has not specially had credit for it in that document you have there, but I have another one prepared which shows it—I believe the prisoner is a bankrupt; he has petitioned the Bankruptcy Court—I knew that, perhaps, about three weeks before he was charged at the Mansion House—he gave me notice where he was through his attorney—for a long time the matter was in Messrs. Mullen's hands; they simply had notice that he was about to petition the Bankruptcy Court—I don't remember whether his address was sent or not; it may have been—I went immediately and informed Mr. Mullens—it may have been three weeks after that that I took proceedings in the police-court—during that time I believe there was an examination in the Bankruptcy Court, but I did not take any notice of it—it would have been rather an awkward thing to have been made a partner with him in the Bankruptcy Court, but I did not fear that—on my oath I consulted Mr. Mullens as to criminal proceedings immediately after the prisoner's departure—after I had been swindled I tried to get the money back the best way I could, and for that purpose I sued Aubenheim—two of the bills were abroad upon which I took criminal proceedings—there are entries of the payment of the prisoner's salary continually, on account—here is 2l. and 8l. 10s.—I have the private ledger here—there was no entry made at all from the cash-books until after his departure—it had never been posted; it could only be eutered in the cash-book—it is only posted from the cash-book to the ledger—there was no entry made of these sums—he drew sums from time to time corresponding nearly with the amount of his salary, and, of course, as I was away very much, these sums could not be made in regular weekly payments—I have other clerks and servants—I have a wages account in this ledger of them—there is no wages account of the prisoner's; he was in a confidential position with me, and he was desirous that the amount of
his salary should not be exposed—the wages of the others are entered weekly; the men paid at the factory, and the lads in the office—you will see entered here 102l. as half a year's salary of the prisoner's—this is the account, from June to December, of the amounts paid to him; it was not made up afterwards—I don't care whether it is called a drawing account, or what it is called—it is written there, "A. Oppenheim, drawing-account"—that was not written with the intention of being legally discussed afterwards; it does not appear anywhere else—when the balances were drawn it was included with the other amounts—it appears in the general balance—that was the settlement at the end of the half-year—it is carried to another book, in which my balances were kept—I have not that here; it was my private balance—this was all during my partnership with Fletcher—I can show you that sums were drawn after the dissolution, but they were not entered regularly because it was not posted—it was the prisoner's duty to post it, and he did not—he left before the six months were out—I can only show you that these sums have been taken; they are chiefly in the prisoner's own handwriting—it is not spoken of as salary or wages, it is simply entered, "Oppenheim"—that is a ledger in which I have made private memoranda—I see here an entry on 3d January, "Oppenheim 2l." then "Oppenheim 6l." 4l. and 4l.—I have put those sums into that account which you have before you—I have extracted all the sums I have found from the day-book—that account was read to me by Mr. Scobell, and I simply wrote what he read—the prisoner has been credited on that paper with the amount which was due to him for salary—there is no other entry of salary or wages than that which I have described—there has been no settlement since December 1862.
COURT. Q. Are the entries before and after December, 1862, in a similar form in the cash-book? A. Yes; just the same throughout, "Oppenheim," so much.
MR. METCALFE. Q. Then that would apply to other sums as well? A. Where he has entered them, of course—where he has entered them so, it is so in the cash-book—I have not credited him with any salary in that account—it is on a piece of paper I gave to you—that has been drawn up since we were at the police-court; when there I gave him no credit whatever for salary—the credit items were also read out from the cash-book in regular form, exactly as it occurred—the balance was not read out; the account was not balanced—it was merely a rough memorandum for my own guidance—it was made in 1862—there is no heading over the first page, and the other was written inadvertently—I have written many things there, which, if I had supposed they were going to be discussed, I should not have written—I wrote that on the Tuesday as I discovered Oppenheim had gone on the Saturday—the greater part of it was written then—of course, I added items subsequently, as they occurred, when I found I had to pay them—I made this long before I went to the police-court—the first entries that were made after the prisoner's departure are not headed at all—to show that I considered it an irregular account, I made no heading whatever—the first, the old one, is headed, "Drawing account"—the next, commencing January, 1863, is not headed at all; and this one, commencing in April, and going on to May, is headed, "A. Oppenheim's drawing account," and not a figure was written on that page until after his departure—I swear that those two pages were written up to 1862, certainly, and all the rest written after his departure, after I found him to be a rogue—there is "A. C. Fletcher's drawing account" just in the same way, and that is balanced up; he was not a clerk—I put my own drawing account in the same manner—I do not know the legal impression
of the term "drawing account"—if it was written in ignorance, I can't help it.
MR. ORRIDGE. Q. I see in this private ledger you begin July 19th, 1862, and go down to November, and the balance seems to have been struck 102l. 7s. 9d.? A. Yes—at the time Fletcher was in partnership with me I called it "Oppenheim's drawing account"—he was no partner of mine or Fletcher's—I made this account out as soon as I found that the prisoner had absconded, and also consulted Mr. Mullens as to criminal proceedings within two days of his departure—Mr. Mullens was in Vienna for a month, when the prisoner was made a bankrupt, and the instant he returned he took proceedings.
MR. METCALFE. Q. Were you with Mr. Mullens in Vienna? A. I was not.
MR. ORRIDGE. Q. Where is the book that was made up by Mr. Scobell when the prisoner left? as I understand you, the last entry made by the prisoner was on 30th, when did Scobell make the entries in that book? how long after the prisoner left? A. Two or three days—I know Scobell's handwriting—that account is made up by him; I was present when some of the entries were made—they were made from the books as well as we could; it was a great labour to do it—I find 116l. 5s. 6d. entered in the pass-book as paid on 4th June, and 100l. on the 5th—I believe it was on 4th June that the 200l. was obtained from Mr. Hermann—I only saw the word" private" marked to the 150l. about three weeks ago; it is in the prisoner's hand-writing—I had not the slightest knowledge of any private banking-account the prisoner had up to the time of his leaving—the date where the word" private"is put is 4th May, 1863—I find that the prisoner has drawn about 860l. improperly—I have investigated that sum, and I find that no part of the special sums on this indictment have been applied to business purposes for me in any way—I employ sometimes twenty and sometimes thirty people at the factory, and I have their wages account—I had only two boys in my office; one received 1l. a week and the other about 10s.—this memorandum of partnership is prepared by my solicitor, in obedience to my instructions—(This was a written paper, with the dates not filled in, proposing a partnership between the prosecutor and prisoner, and the profits to be divided thus: two-thirds to Wilson, and one-third to Oppenheim: and that Oppenheim was to pay 1000l. for his share, and 580l. upon losses sustained on old estates)—it never went beyond that; that was merely preliminary—there is not one date in the whole thing; they are left blanks—I settled my accounts every six months—that was at the end of one six months' settlement—before any other six months's settlement was come to, the prisoner left.
WILLIAM STACEY . I am a solicitor—this memorandum of partnership was prepared by me, about 30th March—I had received instructions to prepare it the day before, and I prepared it, and sent it to Mr. Wilson on the 30th—he afterwards gave it me back again; the business was never proceeded with—this memorandum at the bottom, "Drawn 3l.," I consider is Mr. Wilson's handwriting—that was added after it was sent to him—these are not instructions for a partnership—it is not at all a regular document—I sent it to Mr. Wilson for him to see what points he would have to consider; more as an outline of what was intended.
CHARLES HERMANN . I am a merchant in Lime-street—I know the prisoner—on 5th June, he brought me these five bills of exchange—he said that his partner, Mr. Wilson, was out of town; I think he said on business; that they were short of cash; that these were the only bills he had; they were
not sufficient to take to the Bank for discount, but would I make him a temporary advance until Mr. Wilson's return, which he expected on the following Monday—I lent him 200l., and he deposited the bills with me—I gave him an open cheque on my bankers—this is it—it has been returned to me by my bankers.
Cross-examined. Q. Had you had previous transactions with the prisoner? A. Yes, and with Mr. Wilson—the three bills for 750l. went through my hands—these dated 2d and 10th March, passed through my hands—my private number has been torn off, and I shall have some difficulty in tracing them in the book—that is not usual—the last one, dated 28th May, came into my possession on 6th June, 1863—I discounted that at the time for Mr. Aubenheim, with the prisoner—the drawer of these bills had given the prisoner authority to discount his drafts on any house in London—I discounted them for Mr. Aubenheim, the drawer, on 1st June, through the prisoner, to whom Mr. Aubenheim had given authority to discount for him—this was evidently given in renewal of one of the other bills, although I have no means of knowing, but there was a bill which came due the day after, which I held, and which was merely used to take the former one up—it was not the one you have given me—this was then discounted, but another one of the prisoner's came due, drawn in the same way, and this money was evidently used to retire that bill—it was not one of those three bills—it was not a bill in my hands; it had been in my hands—it did not become due on that day, but the day after, I believe—I did not get the third bill in April, until 1st June—the bill, dated 2d March, I received on 3d—at the time I received it it was accepted by Mr. Wilson; clearly, most distinctly—I received that, and the one dated 10th March, both together; the same day; it was post-dated—they were both accepted when they were discounted—this one, of 1st June, I did not discount at first, because it was not accepted as I wished it accepted—I discounted both the other bills on 3d March—I have got it in my book, and can swear to it—my bills are all regularly entered and numbered—I have not the cheque here that I paid for them—my attention has not been particularly called to these very bills—the money for these bills was paid on several occasions—the first occasion was on that date—there were several instalments, running over two or three days—I cannot say when the last payment was on account of these bills, because there are others mixed up with them; the first payment was 225l. on the 3d, and the rest of the money was paid in the course of a few days; but other bills got mixed up with them, and I could not swear to the particulars—I have communicated with Mr. Wilson as well as the prisoner; not particularly as regards these bills; I have about other matters—by implication, Mr. Wilson has spoken of the prisoner as his partner—he did not say, "That is my partner," but by implication he clearly represented him as his partner—the day after the dissolution between Mr. Wilson and his former partner had been gazetted, I met Mr. Wilson and the prisoner—I said to Wilson, "So you have got rid of Fletcher at last, and got a better man"—he said, "Yes; one Oppenheim is worth a ton of Fletchers, "or some observation of that description (the prisoner had told me some time previous that as soon as tire dissolution could be gazetted he would be taken into partnership)—I treated them as partners from that time—Mr. Wilson has had many transactions with me—in consequence of what Mr. Wilson said to me I believed the prisoner was a partner, and I believe so now, from the circumstance I have mentioned, and many others, if I am at liberty to mention them—he allowed him to sign "and Co"; a thing I never knew done in the City before by a clerk, without
putting his own name per procuration—the ordinary form would have been Wilson and Co. per procuration," and then his name—I judge from those circumstances, and also from the conversation with Mr. Wilson in that one instance—I had no other conversation on the subject—I had to sue Mr. Wilson upon this third bill—he objected to pay it, and filed a bill in Chancery against me to prevent my going on with the action—that was dismissed, and I recovered on my bill—I don't know when it was paid (referring) I see it was on 21st November.
MR. ORRIDGE. Q. Then you and Mr. Wilson have not been on very good terms, he had to file a bill against you? A. He did so—I discounted these two bills on 3d March—I paid 225l. on account—I say most distinctly that on 3d March I discounted a bill drawn on 10th—I know Oppenheim's hand-writing—(referring to the bill-book) this is headed "When accepted"—there is no date from 15th April—one bill, dated 2d March, for 250l. is entered as accepted on 15th April, and one, dated 10th, for 250l., by the prisoner—those bills are drawn by Aubenheim, payable to his order—it does not say drawn on Wilson—these are the same bills—I mean to say, what I have said, that they were accepted on the 3d and 10th—this entry is false—it is in the prisoner's writing.
COURT. Q. Is the prisoner indebted to you? A. He is—I am one of the creditors under his bankruptcy, subject to a dividend I have to receive—I have not proved—I don't at this moment know how much he owes me—it may be 200l.; it may be more.
WILLIAM CLIFTON . I am a cashier in the Bank of London—Mr. Wilson keeps an account with us—I have the account kept in the name of Wilson and Co.—this 100l. note, No. 91,392, was paid in on 5th June to the credit of Wilson and Co.
Cross-examined. Q. Did the prisoner pay in 100l. on the previous day to Wilson's account? A. No; that is he did not pay in any notes—I only attended to the note department.
ROBERT WILLIAM SCOBELL. AS a friend of Mr. Wilson's, I undertook to keep his ledger for a time—that was about July, 1862—I recollect hearing of the prisoner's leaving—a morning or two after that I went through the cash-book with Mr. Wilson—the entries in the cash-book, after 3d June, 1863, are in my hand-writing, with some few exceptions—I think the prisoner left on the Friday, and these entries might have been made on the Monday or Tuesday—they were made after he left.
Cross-examined. Q. All those subsequent to 3d June? A. Yes—I had been there frequently before that—these two entries "A. Oppenheim, 100l." each are in my writing—I made these entries from the banker's pass-book—the other entries are amounts received from different firms; customers of Mr. Wilson's—they were entered from the fact of their having come in; by post perhaps—I am not aware that Mr. Wilson was pressed for money several times—I do not think I lent any money to the firm—I have my books here—on the back of my subpœna I was told to refer to this 150l.—it is about a year ago—I think it was an exchange of a cheque of Mr. Wilson's for 150l.—possibly it was an accommodation for a day or two—I
wholly attended to the ledger—I raised a heading for each account; perhaps with one or two exceptions—I was paid for what I did.
MR. ORRIDGE. Q. Do you happen to remember the circumstances of that exchange of cheques, who was it asked for the exchange, Wilson or the prisoner? A. I do not remember; in my book I have an entry on either side, "Mr. Wilson, exchange, 150l. ",
WILLIAM STACEY (re-examined by MR. METCALFE). I sent this draft to Mr. Wilson on 30th March—he handed it back to me some time afterwards, it may have been a month after, or a fortnight, more or less, certainly not two months—I am quite sure it was before 5th June—he had made an alteration in it in his own writing—I never received any definite instructions that the partnership had gone off—he did not hand it back to me to complete it—I don't know what he handed it back to me for; it was certainly not for the purpose of going on with it—he did not give me any instructions at the time—he was at my office on other business, and he put it on the table—I do not recollect any conversation about it—he never gave me any instructions afterwards to proceed with it.
MR. WILSON (re-examined) The prisoner was credited with the amount of his salary 83l. 6s. 8d.
There were three other indictments against the prisoner; his deficiency was stated to amount to about 800 l. Confined Eighteen Months.
MR. KEMP conducted the Prosecution.
WILLIAM TILLYER (Policeman, T 180). I am stationed at Hounslow—between the night and morning of 28th and 29th of January, I was on duty in the High-street—I received a communication, and proceeded towards Hounslow Church—I saw the prisoner, about a quarter-past 3, walking very fast down the town—he had some clothes with him, which I produce here; a coat, two shirts, two scarfs, and one collar—they have been identified—I stopped the prisoner and asked him what he had got—he said some clothes that he had picked up in the park—he then said there had been a shop broken into, and two men had gone down the lane—I said he must go back with me, and in going back we met Mr. Douglas—I stopped the prisoner about 200 yards from Mr. Cooper's house—he was then coming in the direction from Cooper's—I took him back to the shop—we found the shop had been broken into, part of the property was lying outside, two shutters were down, and a large square of plate glass broken—there was some blood on the glass—when we got to the station I looked at the prisoner's hands, and found his finger cut, and blood on it—I had seen the premises shortly before this, and the shutters were quite secure then.
Prisoner. Q. Did not I bawl out, "Police?" A. When you saw me running after you—I heard no one else calling out—the clothes were on your arm—when I asked you what you had got, you said, "Take these."
JAMES RICHARD ALEXANDER DOUGLAS . I am a surgeon at Hounslow, and live opposite Mr. Cooper's—on the morning of 29th January, about 3 o'clock, I was awoke by the breaking of glass—I got out of bed, went into another room, looked out of the window, and saw the figure of a man at Mr. Cooper's shop-window, in a crouching position—I did not see his face—it was moonlight—I opened the window, and said, "What are you doing?" "Who are you?" or some such words—he did not answer me at first, and then said, "All's right"—I then said, "What are you doing?" and he said,
"Come and see"—from the tone of his voice, my impression was that he was an Irishman—I dressed myself as quickly as possible, went through my surgery, and across the road—I cried "Police!" first two or three times, and the man said, "There are no police here, "and then began calling" Police! "himself, and walked off quickly—when I crossed the road, I found some clothes there and the shop broken into—I rang the bell and aroused them—I did not notice, when the man walked away, whether he had clothes with him—I saw the prisoner in the hands of the police—I could not swear to his being the person who was at the shop—I did not see his face—I recognised his voice—I have heard him speak since he has been in custody—to the best of my belief he is the same person I saw at the shop.
Prisoner. Q. Did not I ask you to hurry and dress yourself, for the place was being broken into? A. No; I do not remember that—I heard you bawl out "Police!" repeatedly.
EDWARD COOPER . I am a clothier at Hounslow—on the night of 28th January, we went to bed about 12—my house was in perfect safety at that time—these articles produced are my property—I missed them from my stock on the Friday morning—I saw the prisoner in the hands of the police.
Prisoner's Defence. I work for the 11th Hussars, at Hounslow, and have been in that neighbourhood over six months. On that night I was taking a drop of ale at the White Horse, and was afterwards going home to see if my lodgings were open. I passed by this shop, and two men came out and threw this bundle down, which I picked up. I took up a piece of glass at the same time, turned round, and saw the window broke. I bawled out "Police!" I did not go twenty yards away. I have a wife and four children in London, and I support them by honest labour.
COURT to MR. DOUGLAS. Q. How long was it after you heard the glass smash that you looked out of the window? A. Almost directly—I had to go into another room which adjoins; it did not take long.
GUILTY .— Confined Six Months.
NEW COURT.—Tuesday, February 2nd, 1864.
Before Mr. Recorder.
MESSRS. CRAUFURD and POLAND conducted the Prosecution.
HANNAH WHITTLESEA . I live with my brother at 27, Chapel-street, Curtain-road—it is a beer shop and corn-chandler's—on Friday, 22d January, the prisoner came in for half a pint of beer—I served him; it came to a penny—he gave me a florin—I laid it on top of the bar, and gave him the change—he left without drinking the ale, and I looked at the florin and found it was bad—I broke it and gave it to a policeman next day—I did not mix it with the other money.
ELIZA WHITTLESEA . I am the sister of the last witness—on 23d January I served the prisoner with half a pint of ale, and he gave me a florin—I told him it was bad—I had not seen him when he came the day before—he said that he would pay me—I said, "No, we shall not have any pay; we meant to take the first person that came with bad money"—he was given in charge.
EDWIN WHITTLE (Policeman, G 186) On Saturday, 23d January, the prisoner was given into my custody with this florin—he said he was not aware that it was bad, and denied having been in the shop on Friday, but
afterwards said, "If you will not go hard against me, I will own to it, that I did go in and pass it, but I was not aware it was bad"—I took him to the station and found two halfpence on him—he said that he picked the coin up in the street in a piece of paper.
Prisoner's Defence. I did not know that they were bad.
GUILTY.—Recommended to mercy by the Jury, on account of his youth. —
Confined Six Months.
GEORGE FOSKETT . I carry on business at 28, Newgate-market—Thomas Hales of Woodstock-street, is a customer of mine—on 28th November, about half-past 11 or 12 o'clock, the prisoner came and said, "I have come for some shoulders of mutton for Mr. Hales"—I said, "Do you mean Mr. Thomas Hales?"—he said, "Yes"—I delivered eleven shoulders of mutton to him, and he took them away—he afterwards came back, and said that he wanted twelve—I put them in the scale again and weighed them; they weighed 115 lbs.—he said, "That will do," and took them away—I saw him ten days afterwards, and said, "Have you found those shoulders of mutton?"—he said, "No"—I said, "You must go to Mr. Hales"—he said that he had been, and could not make out anything about him—I never saw him again—I believe I had seen him before in the market—I delivered them because I believed he came from Mr. Hales.
THOMAS HALES . I carry on business in Woodstock-street, and occasionally deal with Mr. Foskett—I never authorised the prisoner to go there for any mutton, nor did he bring me any—I never saw these shoulders—I may have spoken to him.
Prisoner's Defence. I was sent by a butcher, who came up in a cart for twelve shoulders, in the name of Hales. He gave me only eleven; there were six first, and then five. I went back and said that there were only eleven. I fetched them, and they weighed the same as if there were twelve.
JURY to GEORGE FOSKETT. Q. Is he a regular porter in the market? A. I believe so—he has not concealed himself since to my knowledge—it is not usual to supply goods without an order, but believing he was a porter, and saying he came from Mr. Hales, I let him have it.
NOT GUILTY .
MR. ATKINSON conducted the Prosecution.
OWEN BROWN . I am a labourer at the Chartered Gas Works—on 2d January the prisoner was a fellow labourer with me, and has been since the first part of the winter—I have worked there for years—we had some words about a quarter to 1 o'clock on Saturday, when he came out of the retort—we struck work, and I told him to put another shovel or two of coals on the retort—he looked at me and struck me—I said to my foreman, "I shall not work with that man again"—he struck me again, and the foreman parted us and sent him to another gang—about half-past 3 we were having tea in a place called the lobby—the prisoner belonged to the other lobby, but he came into our lobby and said, so help him God, he would scald me before the day be out—he then left the room smoking his pipe—I said, "You
won't, because we are parted now, and there is no more of it"—after I had had my tea, I was smoking my pipe, and saw him come in with a tin can of boiling water, with a handle to it, which we boil our tea in—he never said a word—I was just coming out of the lobby door, and saw him with his gloves on, putting his hand under the bottom of the tin—I stooped, and it all went over my back—I have no bad feeling against him, and do not want to prosecute him, but his passion ought to have cooled since half-past 1 o'clock.
Cross-examined by MR. WILLIAMS. Q. Are you both Irishmen? A. Yes—we had not been both quarrelling all the morning, nor from 1 o'clock to 3—I struck him once in the face, but I did not cut him, or give him a black eye—after he scalded me, they saw him to the lobby, and one struck him and another struck him—I own that we were fighting between 1 o'clock and half-past—he did not get the worst of it from me, but he would have had if I had got the chance—when we were parted, I did not threaten what I would do when I got him outside, but he came and told me he would scald me—my mates and I did not go and laugh at him.
WILLIAM BURKE . I work at the gas manufactory—as I was having my tea in the lobby the prisoner said to Brown, "I shall scald you before the day is out"—he left the lobby and came back in ten minutes or a quarter of an hour, with a can of boiling water, but I did not see him throw it over Brown.
Cross-examined. Q. Were you present when they were fighting? A. When they had the quarrel after the water was thrown, not before.
MICHAEL TINNEY . I am a labourer at these gas works—I was at a distance of thirty or forty yards, and saw the two men struggling together, and heard them having words—some one said he should put a can of water in the lobby to scald Brown; I lifted my head up, and I believe it was the prisoner who spoke.
GEORGE PEARCE . I am a surgeon—Brown was brought to my surgery on 2d January, severely scalded over the neck, shoulders, and breast—he was under my care some days—I overtook him in the hospital—he was there fifteen days, and he came under my care afterwards.
EDMUND BUCKLEY (Policeman, B 17). I took the prisoner at the factory—he was cut over one of his eyes, and his face was cut with gravel—he said that Brown and he had quarrelled, he was not strong enough for Brown, and threw the water over him and had his revenge.
GUILTY .— Confined Nine Months.
242. HENRY HORACE LINGARD (30) , Unlawfully obtaining 2 coats, 1 waistcoat, and a pair of trousers, by false pretences. Second count, unlawfully attempting to obtain 10 coats, 20 shirts, and other goods.
MR. COOPER conducted the Prosecution.
WILLIAM CAIGER . I am assistant to Mr. Mills, a clothier, of 1 and 3, Ald gate—on Saturday, 6th January, the prisoner came in a phæton with one horse, and said that he wanted several articles of clothing—I showed him some, amounting to 21l. 17s. 6d.—he put on a coat, waistcoat, pair of trousers, and overcoat, and told me to send the remainder to the Goat's Head, Farnham—I said that it was against the rules of the establishment to allow him to take the goods away without paying for them, and he said that he would draw a cheque for the amount—I said, "Will you do so? Have you a cheque-book with you?"—he said, "No," and I furnished him with half a sheet of note paper at his request—I believe this (produced) to be it—I then called Mr. Millhouse, the manager of the hosiery department, and handed him over to
him—I was not present when the prisoner chose the hosiery—Mr. Mill-house was present when the cheque was given—that was about 2 o'clock, or rather later—I sent it to the bank, and the man returned in about half an hour.
Cross-examined by MR. COOPER. Q. Did you send for some port wine for him? A. No; Mr. Millhouse did—I did not see him take it—I saw him smoking—he drew the cheque before he had the wine—he did not tell me that he had a theatrical establishment at Farnham, or that he had been performing the ghost—he said that he was going to get married, and I understand he has been performing the ghost—he was there about half an hour, and then went to the hosiery department—we never take cheques, and I did not ask him for one; I should not have allowed him to go until we were satisfed of its validity—the cashier put the stamp on.
JOSEPH MILLHOUSE . I am manager to Thomas Mills, a clothier of Aldgate—on 2d January, between 2 and 3 o'clock, the prisoner was handed over to me—I was present when he gave the cheque, and then conducted him into the hosiery department—after selecting goods to the amount of 53l. 14s. he complained of being in a very low state, and asked me if I had any wine in the house—he then had about three glasses of wine and a cigar—he asked me to recommend him to a house where he could dine, which I did—he then had on a suit of clothes and an overcoat belonging to our house—he asked me if I would dine with him—I said that I had no objection, and did so—after we had dined the waiter said to him, "Have you paid?"—he said, "No; my friend will pay; "and he asked me to put it down in the bill—I then paid, and we returned to the hosiery department—I saw the man who had carried the cheque to the bank—he brought it back, and I told the prisoner that the bank was closed, and it would be necessary for him to pay for the goods he had on—he said that he had no money about him, but if I would send or go with him to Ovington-square, where his wife was residing, he would give me 6l. for the goods he had on, and a cheque on Coutts' for the balance, having a balance there; if I recollect right, of over 200l.—I drove with him to 4, Ovington-square, in the phaeton which he had outside—he then got out and knocked at the door—I followed close after him, leaving the phaeton there with the coachman and driver—the knock was answered—he asked for some name which I could not catch—he repeated the name again, and the door was closed—he then got into the phaeton again—I followed him and said, "Well, was your wife not at home?"—he said, "Oh! it is my sister-in-law who is residing there"—I asked him where he was going—he said, "To the livery-stable where I engaged the trap from this morning—we drove to Keppel-street where he was about leaving, but the coachman asked him for payment—he said, "You have my address; I shall require it again to-morrow"—we got into a cab, but by that time Mr. Hicks, the proprietor, came up and asked him to step into his counting-house—Mr. Hicks asked him for payment—he said that he had no money, and eventually he had to give up the undercoat in payment for the carriage—we then returned to the cab, and I said, "Now where are you going to?"—he said, "You must go with me to my sister"—I said, "Where does she live?"—he said, "At Butler's-buildings, East Smithfield—I said, "That is a strange contrast to Ovington-square"—when we got to Cheapside I made the excuse to go to the shop, of having an appointment there at 7 o'clock—he did not want me to do so, but the cabman took us to 1, Aldgate—I asked him to get out of the cab, and step inside—he wished to remain in the cab, but I got him inside, and told him
I thought he had come there with the intention of swindling us, sent for a policeman, and gave him in charge.
Cross-examined. Q. Did you send for the wine for him? A. Yes; he asked me for it—I sent for half a pint of wine, and some cigars—he had some part of the purchases then—I dined with him because, knowing he had our clothes on, I would not leave him—I had often dined at that house—he ordered a bottle of sherry at dinner; he had three glasses of it, and I had two; about three-parts of it were left—he made no purchase after that—the man came back from the Provident Bank before I went to dinner, but I did not know the result till I returned—when he was selecting the goods he said that his wife would be quite pleased and delighted with them—I saw no lady at Ovington-square, only the female servant—I have heard that the prisoner has been performing the ghost all over the country—I do not know that the apparatus for it is now at Farnham—there was no stamp on the cheque at the time it was given.
JAMES DOWN . I am a tailor, of 179, Strand—on 2d January, between 12 and 1 o'clock, the prisoner called in a four-wheeled carriage, with a liveryservant, and selected a coat, value 2l. 5s.—he asked for a piece of paper to write a cheque, which I gave him, and he filled it up as it is now (produced)—I said that our custom was, on receiving a cheque from an entire stranger, to get it cashed before delivering the goods; that I would send the coat to his address, or he could call in half an hour, which he agreed to do—I sent the cheque to the bank by a messenger, who brought it back—the prisoner returned in about half an hour—I told him I could obtain no money for the cheque, and I considered it an ungentlemanly transaction, and little short of swindling—he immediately mounted his chaise, and drove off.
Cross-examined. Q. Is the messenger here? A. No.
JOHN LOVELL DENNING . I am a clerk in the Provident Savings Bank, St. Martin's-place—the prisoner has no account there, nor had he on 2d January—we never pay by cheques—he opened an account there in March, 1860, and paid in 25l.—I received the amount, and it is entered in the ledger in the usual way, and has been written off—I have examined the ledger, and examined the receipt.
COURT. Q. Is yours an ordinary savings' bank? A. Yes; persons can only draw out by producing their deposit-book, or by power of attorney.
Cross-examined. Q. Do you recollect his making inquiries about a minor's account? A. Yes; he made no claim to it, and had no right to it—it was only 16l.—the bank is, "The Provident Institution Savings Bank, St. Martin's-place"—I have examined the entries in the books—they are in my writing since 1859, except when I have been away—if he had money there I should see his name in the index.
Cross-examined. Q. Have you the books here? A. No; I could not bring any book to prove that he had no account; if he had an account I could prove it—every person who opens an account signs a book—I have not got that book here—he had no account there in January last.
Ovington-square—he is the only person residing there—he is not married—on 2d January, the prisoner called in a phaeton, and asked for Sarah—I did not know who Sarah was—he only asked once, and I shut the door in his face—I had seen him once before, and he asked for Sarah then—no person named Linguard lives there—I have lived there since September.
Cross-examined. Q. Will you undertake to say that there is no Sarah in any of the houses in the square? A. There is a Sarah in our house; she is the housekeeper, Sarah Cook—I knew she was not the Sarah—when he called before I treated him in the same way—she never talks of a brother or lover who goes about the country performing.
MR. COOPER. Q. Is she your sister? A. Yes.
COURT to J. L. DENNING. Q. Is there any Providence Bank in Trafalgar-square? A. Not that I am aware of, and I have known the square some years.
MR. RIBTON. Q. Are there any banks in Trafalgar-square? A. No.
GUILTY .—He received a good character.— Confined Twelve Months.
The following prisoners PLEADED GUILTY:—
243. THOMAS MICHAEL ALLEN (18) , to stealing a post-letter, containing a pair of gloves, and 2 half-sovereigns, the property of Her Majesty's Postmaster-General.— [Pleaded guilty: see original trial image.] Confined Eighteen Months.
OLD COURT.—Wednesday, February 3d, and Thursday, February 4th, 1864.
Before Mr. Baron Bramwell.
246. JOHN LYONS (22), FRANCISCO BLANCO (23), AMBROSIO, alias MAURICIO DURANNO (25), BASILIO DE LOS SANTOS, alias JOSEPH SANDO (22), GEORGE CARLOS (21), MARCUS WATTER, alias MARCO WATTO (23), MARCELINO (32), and MIGUEL LOPEZ, alias JOSEPH CHANCIS, alias "THE CATALAN " (22), were indicted for the wilful murder of John Smith, upon the high seas, within the jurisdiction of the Admiralty of England.
The prisoners being all represented by Counsel, the evidence was not interpreted, but upon the application of MR. ATKINSON, the interpreter to the Spanish Consul was permitted to sit near them, in order to communicate with them as the trial proceeded.
EDWARD SHEPHERD . I am registrar of British ships for the Port of London—I have here a copy, certified by myself, of the register of the Flowery Land (This described the vessel as the Flowery Land, of the Port of London, and the owner as William Weemys Kerr, of 25, Poultry, in the City of London, merchant.)
WILLIAM TAFFER . I was second mate on board the British ship the Flowery Land—she left the Port of London on 28th July, last year—the captain's name was John Smith—he had a brother, George Smith, who was
a passenger on board—the name of the first mate was John Carswell—the steward's name was Aboo—he was a Malay—the cook was a Chinaman; I do not know his name—there was also a boy who attended to the lamps; I don't know his name, but we called him Cassa—Michael Anderson was the carpenter—there was a Frenchman, an able seaman, called Candereau—the prisoners were all seamen, able or ordinary, on board—some short time after sailing there were some complaints by the captain about some of these men being deficient in their duty—I never saw the captain use any violence—I have heard him call them names, "Coolies," and "Sons of bitches"—the men complained about the food and water, which was attended to directly and rectified—I heard Blanco make one complaint, and that was attended to—he did not think that the scale of victualling and articles was enough, and wanted more—I remember about the commencement of September Carlos being wanted on deck—the mate and I went and asked him several times to come on deck—he would not come, and the mate took hold of him and pulled him out of his berth—he said he was sick, and wanted his watch below—all the watch stopped below with him—they were Marcelino, Marco, Watter, Blanco, and Chaucis (Lopez), Carlos, and two others; I don't remember their names—the mate and I brought Carlos aft on to the quarterdeck—all the rest turned to their work but Carlos—he would not turn to, and the mate ordered me to bind him fast to the rigging—I made him fast, and he remained bound for about five minutes—the captain then came up out of the cabin, and inquired what was the matter, and gave me orders to loose him, and he gave him some medicine, and he went below and turned into his berth for the day—some days afterwards I remember a quarrel between Carlos and Blanco—I and the mate interfered to stop them from fighting—the mate and Carlos struggled together, and the mate gave him a blow; I can't say for certain where, but he gave him one, I think—I remember the night that the captain was killed—I had the first watch, from 8 to 12—Mr. Carswell, the chief mate, relieved me at 12—his watch lasted from 12 till 4 in the morning—when I was relieved I turned in—there is a house on deck, divided into four compartments—the prisoners lodged in one compartment, on the port side; the fore compartment; not all the crew; these eight prisoners, and Powell and Williams—those ten occupied the fore compartment, on the port side—on the starboard side, were the carpenter, Candereau, a seaman, and the boy Early—on the starboard side aft was the cook's galley, and on the port side aft the boatswain's store—on going down the companion ladder, the first berth on the port side was the mate's; the next was the captain's brother, and the next aft was mine—the captain occupied all the starboard side himself—the main cabin was between, with a sky-light opening on to the poop—I turned in at 12 o'clock the night the captain was killed—I was awoke by a noise on deck, about 3 o'clock—it was a noise like a beating or hammering on the companion—I instantly ran out of my berth and tried to get on deck to see what was wrong—I could not get on deck for some person lying on his face on the companion ladder, with his head parallel with the top step—a number of persons were beating him on the head with hand-spikes or capstan bars—I recognised one of them to be Blanco—at the same time I received a blow that hurled me right down the companion again into the cabin—I took hold of the man they were beating, and tried to pull him away, but I was not able to move him—I then called out to the captain for assistance, but got no answer—I went into his berth, and found that he was gone—I then went into the main cabin; I trimmed the light, which was very dim, and I found
the captain lying dead, and a pool of blood round him—his night dress was all full of cuts on the left side—I then went into the captain's brother's berth—I found him gone also—I next went back to the companion, and examined the man who was lying in the companion, and found it to be the captain's brother by his dress—I then went into my berth, and locked the door—the noise was going on all this time, for about three-quarters of an hour—the noise ceased about five minutes after I went into my berth, and they kept calling me several times on deck—it was some of the men; who it was I don't know; I did not recognise their voices—at the end of about three-quarters of an hour a great many of these men came down in the cabin—Lyons was spokesman; there was Blanco, Duranno, Santos, Chancis (Lopez), and Carlos, and some others—the parties that I have mentioned circled round my cabin—there were some behind them—I could not see who they were, but these I am sure of—Lyons called me out of my berth—I asked him what he was going to do with me; if he was going to kill me—he answered no—he said they had killed the captain and the mate, and the captain's brother had got away somewhere; they did not know where—he said, "I do not know where"—he meant to say that he had got away somewhere, or stowed away—he did not say they had killed him; he had got away from them, or something to that effect.
Q. Just say again what he said about killing the captain and the mate? A. He said they had killed the captain and the mate.
COURT. Q. If he spoke to you he would, I suppose, say "we" or "I," what words did he use? A. Well, I think, he used "we."
MR. GIFFARD. Q. What next? A. They wished me to navigate the vessel to some place so that they could get on shore—I asked him where I was to navigate her to—I understood from him that there was nobody on board that knew anything about navigation; none of these men—the other prisoners were all in the main cabin at the time Lyons spoke to me; they were all close to him; within hearing—I had opened my door, and come out at this time—all the prisoners were near enough to hear what Lyons said—I mean those that I have mentioned; Blanco, Duranno, Lopez, Watter, Carlos, and Santos—I asked where I was to navigate the ship to—Carlos told me to the River Plate or Buenos Ayres—Carlos spoke in English when he told me that—he said it was a good country, and plenty of Spanish people there—that was all that passed then about navigating the vessel—the ship was then 19 south and 36 west—the next thing I saw was Marco Watto with a rope round the captain's neck, in the act to haul his body up out of the cabin—I begged of him to allow me to sew him up in canvas, as I did not like to see his body going overboard like that—he allowed me to do so, and I sewed him up—I went on deck about 5 in the morning—I saw Santos when I went up—I passed him on the deck—he was armed with a large knife, and he put his hand on it in a very threatening manner—about 8 in the morning all hands were mustered in the cabin—all hands came into the cabin, with the exception, I think, of the man at the wheel; I don't know who that was—Lyons spoke in English to me, and said the men wished to have free access to the captain's berth; they wanted to see what money and clothes he had got—the chief actors in gathering up the money were Blanco, Lopez, Watter, and Carlos; the others were sitting round about in the cabin, but I can't remember what they were busy about—they rummaged all the boxes and desks—when the only was all gathered up it was put on the table in the main cabin—Lyons told me to share it into seventeen parts—Watter objected to that, and mentioned eight—he speaks some few words
in English, but he spoke in Spanish—I understand a little Spanish—I objected to divide it out; I said I did not want to have any share in it—Lyons said I should have a share in it, and to divide it out amongst them—I objected to do it, and said they could do it without me, but Lyons insisted that I should do it, and I shared it out in seventeen parts—I put my share into the writing-desk, and never saw it after—the four that were the chief actors in gathering up the money gathered out the clothes as well—they did not ask me to divide them; every one took what they liked; I don't know exactly who took them; all that were in the cabin, I believe; I did not take much notice of what they did—I saw the captain's watch put into the writing-desk where I put my money; I don't remember who put it there—they put it there, they said, to sell it afterwards, they could not divide it—I saw chests of boots and shoes broken open, and each took what they liked out of them—I do not remember who helped themselves to those; I don't remember any names; all that were down there—they had not left the cabin—I don't know what became of the captain's brother—the cargo consisted of bottled beer, wine, iron pipes, and bale goods—there was some champagne; that was broached—I saw cases of it knocking about the deck, and bottles of it, and all sorts of cloth and merchandise—who were the actors then I don't know—some few days after this had happened we saw a ship standing in the same course that we were—I asked Lyons if I might speak to her, as I wished to compare longitude—he said he did not think these men would allow me to speak to any vessel or hoist any signal, but he would go forward and speak to them, and see if they would allow me—he went forward, and came aft and said I might speak to her, but not to say anything about what had occurred—I steered towards the ship and spoke to her; she turned out to be an English ship from Liverpool, called The Friends, bound to Buenos Ayres—Carlos told me to say the ship's name was Louisa, and not to say where we came from, or where we were bound to—I gave the ship's name as Louisa, from New Dieppe, bound to Valparaiso, forty-seven days out—I did that because I was afraid for my life; I gave that fictitious name because I was afraid if I did otherwise I should meet with the same fate as the captain and the mate—the other men were all on the quarter-deck at the time—after The Friends had passed there was a great noise amongst these Manilla men, the Spaniards, and two Greeks—they were talking in Spanish—I could not understand them properly, but they looked very threatening, as if they were dissatisfied about something—Lyons told me that those who did not understand English thought I had told all about what had occurred—they did not actually do anything, but they were standing talking to one another, and casting very threatening looks at me—I remember on 30th September Watter being on deck; he took a knife to the steward, and cut him through the fleshy part of the arm, and put a cut in his right side about three inches long and half an inch deep—next day I was called in to the steward's berth—Blanco, Watter, Chancis, and Lyons were standing outside the door; Duranno was also there—I had got the steward to get all the captain's papers into his berth for safety—he had done so, and they were tearing them up and heaving them overboard—the steward was a Malay—they asked me if I knew anything about the papers and the gold watch—I said, "No"—Chancis spoke—he said they were looking for the gold watch they had lost—I told him I did not know anything about the watch—we made land on the morning of 2d October—we were about ten miles from land when we first sighted it—when we sighted land I could not get the crew to speak to me;
they did not seem as if they required my services any more—they tacked the ship and stood off all day—when they had got about thirty or forty miles from land they scuttled the ship—about 8 o'clock at night Blanco came down into the cabin, and ordered me on deck—when I came up on deck I found they were clewing up the sails and getting the boats over—I asked Lyons what he was going to do with the ship—he would not speak to me—about ten minutes afterwards Marcelino passed close to me—I asked him what they were going to do to-night, or if they were going to kill me—he said he was not, but he thought Blanco was—that was all that passed then—about three-quarters of an hour after that I got into the boat—there was the cook, the steward, Frank Powell, Watter, and the boy Early; that was all that were in that boat—the other part of the crew were some on board and some in the boat astern of the ship, made fast to the ship—the boat in which I was pulled away from the ship, about a hundred yards—we were called back by somebody from the ship; I could not recognise the voice—Powell, the cook, Early, and Watter were pulling—nobody in the boat wished to go back with the exception of Watter; he ordered Powell to pull the boat's head round, which Powell did not wish to do, and Watter used he oar to him and made him do so—the boat was then pulled back alongside the ship—Lyons spoke in English, and ordered us to come on deck—I did so—when I got on deck I saw Lyons and Duranno throwing bottles of champagne down into the boat—I heard the steward singing out some time afterwards in the water; he was singing out-to Lyons for help—he was in the water swimming—he never came ashore—I then went into the boat astern—I was ordered in by Lyons and Blanco—I stayed there about an hour and a half—several things were passed into the boat, but by whom I don't know; it was dark, and I could not see—after that hour and a half Lyons, Duranno, Chancis, and Blanco got into the boat; they were the last to leave the ship—the others were in the other boat; some were in the boat with me while these four men were on board—I saw the ship go down; she went down the very minute these men left her—I did not see the cook land ashore, or the lamp-trimmer, Cassa—we steered for land, our smaller boat being towed by the larger one—we landed at 4, P.M. on 3d October—when we landed Lopez said I was to say it was an American ship from Peru, laden with guano, for Bordeaux, in France; and that she had foundered 500 miles out at sea, and that they had been in the boats five days and five nights; that the captain and the other sailors had got into another boat, and we had lost them during a heavy breeze of wind, and which way they went they did not know—I did not state that to anybody; I never got anybody to inquire of me; there was no one to speak English to—that night we stopped at a farm-house of a man named Corria; he afterwards drove me to a place called Rocha—that was on the 5th—I found out that there was a man in the camp who could talk English; that was some miles distant—I and Canderean got into a cart—we found a person named Manuel Ramos, a storekeeper, who could speak English—we had to go twenty-one miles—none of the prisoners knew I was going, nobody but Candereau—we made a communication to Ramos—after that I went before the Naval Court at Monte Video.
Cross-examined by MR. TINDAL ATKINSON. Q. Was the captain, when he left England, in the habit of drinking a good deal? A. Not a great deal—he was not a temperate man, still he did not drink to any excess—there was a complaint made to the captain about the want of water—they were allowed three buckets a day—Blanco made a complaint
about the quantity of water allowed—I did not hear the captain say, "Drink salt water then"—the watch on deck were allowed the privilege of sleeping under a sail on deck when we did not want them, so that they could lie down and rest themselves there—they were supposed to be always handy, but sometimes they would not be awakened all night in warm weather—I never heard them complain that they were not permitted to sleep in their berths, but were compelled to sleep under this sail—Lyons was the man that spoke the best English on board; next to him Carlos—I am not aware whether Carlos usually talked Spanish among the crew; I think they always received our orders in English; they always understood us in English—Lyons and Powell gave them orders in English—the orders were given to Lyons and Powell by the captain, the first mate, and myself, and by them translated to the others—that practice continued after the death of the captain, as far as the navigation of the vessel was concerned—when I wanted to communicate anything to the crew I communicated to Lyons.
Q. After you heard this dull sound of something going on on deck, when you saw the parties there, you say you saw Lyons; had he not a cut across the face, and was he not bleeding very severely? A. Yes; that was next morning, when he came down to call me out of my berth—that was the first time I saw him after the death of the captain—I did not see him go on deck afterwards to have his face dressed—it was a severe cut; he was bleeding very much—when I came out they said they were not going to hurt me—I remember going to Lyons and putting my hand on his shoulder; I rested my hopes upon him—I cannot decide upon which of the words he used, whether he said they had killed the captain or" we have killed the captain"—he spoke to me in English—I can't say which it was—everything I had got to say relating to the crew or the navigation of the ship I always communicated to Lyons—I could not say that amongst the men who took possession of the vessel there was any one man more prominent than another—I don't know anything about where they slept at nights—I never came on deck of a night unless they came and called me, or there was something serious that wanted me on deck—sometimes they used to come down and sleep in the cabin—when we sighted The Friends, and the men looked threateningly at me, Lyons interfered between me and them, and seemed to be explaining to them, so as to shelter me from their anger; I understood so by his looks, but he was talking in Spanish—I believe he was doing so, and I believe he succeeded—he was the principal assistant to me in the navigation of the ship—I do not recollect, on leaving the ship, saying to him, "Do you want to kill me, Joe," nor his replying, "No, certainly not, we have been like brothers together"—it was he who ordered me into the boat astern—he showed every anxiety to save my life; and I have not the slightest doubt but that he did save my life.
Cross-examined by MR. METCALFE. Q. Was the first mate harsh with the men at all? A. No; not very harsh—it was not he who tied Carlos up; I did, by his orders—he had previously pulled him out of his berth—he was a strict man, but we had to be strict—he wanted his work done, of course—I never saw him use any violence; I have heard him use violent expressions.
Cross-examined by MR. DALEY. Q. What countryman is Lyons? A. I understand he belongs to some small island close to Manilla—I don't know whether he is a Moor—I don't think he is an Englishman—he does not speak English grammatically; he can speak pretty good English—I should call it broken English, as a foreigner would speak it—at the time he said,
"They," or "We have murdered the captain" he spoke in English—I don't remember that Duranno made any observation to me at that time.
Cross-examined by MR. KEMP. Q. I believe Santos is one of those men who cannot speak English? A. Yes—the men were divided into two watches—all the prisoners were not in the same watch—Santos was in my watch—I should think it was about an hour after I went back into my cabin before I got on deck—when the money was divided in the cabin all the crew were present except the man at the wheel—I don't know whether Santos was the one at the wheel; I do not recollect who was at the wheel—I cannot undertake to say that Santos was in the cabin at that time; my memory does not enable to say for certain—the English portion of the crew did not receive different rations from the others; they were all treated exactly the same.
Cross-examined by MR. RIBTON. Q. Was any distinction made either in speaking of the men, or in addressing them, between the blacks and the other men? A. No; they were never styled "blacks"—all that I heard the captain call them was" coolies "and" sons of bitches"—I suppose coolies would be termed blacks—I don't remember who he was addressing when he so styled them—the quarrel between Carlos and Blanco was after Carlos had been tied up to the mast; I don't remember how long after—it was not a severe struggle between them—the mate and I interfered, and stopped them—they had not time to struggle much; one had got a knife, and the other a hand-spike—I don't know what it was about—I don't remember ever seeing Carlos quarrelling with any of the other coolies—I cannot say it did not occur, because I did not see it to my knowledge—the captain used to talk to the coolies in Spanish—I don't know what language they spoke among themselves—Spanish was the general language that was spoken on board amongst them—Carlos slept in the same compartment with the blacks; I have seen him there—I never heard of his objecting to sleep there; not that I remember—I never remember his speaking to me about it—he did not tell me that he did not wish to sleep in the same compartment with the blacks—he was not in my watch—I won't say he did not complain, but not to me that I know of—I have been about eight years at sea—white men do generally object very strongly to be put in the same compartment with the blacks—I do not remember that Carlos very seriously objected to being put in the same compartment with them after his quarrel with Blanco—the captain was pretty kind to Carlos—he exhibited great humanity on the occasion of his being tied up; he desired him to be taken down from the mast—he was not tied up; he was standing quite comfortable—he was tied to something—the captain desired him to be be loosed, and to turn in, and to have medicine given to him—I don't remember that the captain's brother was kind to him—I never saw him show any kindness to him—I left the watch on deck at 12 o'clock—I do not know whether Carlos was at the wheel at that time—I never took particular notice—it was Carlos who told me to go to the River Plate or Buenos Ayres—that was on the morning of the 10th of September—he told me that in the cabin, close to my berth door, the morning that the captain was murdered, after I had been three-quarters of an hour shut up in my berth—it was dark at that time; it was not quite day-light, just—I don't remember how many men were down there; I have mentioned how many I saw—I was very much alarmed and excited—I am sure it was at that time that Carlos told me to go to the River Plate—he told me to go to the River Plate, that it was a good country, and there were plenty of Spanish people there—I mean to say that
he told me that in the cabin that morning—I remember his speaking to me about it on one other occasion on the quarter-deck; I don't remember how many days it was after the 10th September, I am sure it was not Lyons who told me to go to the River Plate—I remember saying to Carlos, after something had been said about Buenos Ayres, "If we go there, I shall be punished first, as I am in the command of the ship"—I don't remember the date of the month that I said that; it was some days after the 10th; it was after they had requested me to navigate the vessel; it was said on the quarter-deck; I believe we were alone—I don't remember that he was then complaining about the blacks; he might have done so—he said that Buenos Ayres was a good place to land, and all that, because there were no English authorities there, or anything of the sort—I don't think I said, "I shall be punished first if we go there;" if I did say so just now, I did not understand you—I remember Carlos saying something like, "No, we shan't be punished, as we had nothing whatever to do with the murder"—I might have used words to the effect that if we went there I should be punished first, as I was in command of the ship—Carlos might have mentioned in reply, "No, we shall not be punished, as we had nothing whatever to do with the murder;" I can't give you a decided answer whether he did or not; I had too much to think about—I can't say yes or no, whether he did say so—I went ashore in the boat with Carlos after we left the vessel—if Carlos was in the other boat which left the vessel, and then went back, I did not see him—it was Carlos who told me to call the ship the Louisa—he was then on the quarter-deck—some of the blacks were there; I don't say that they were close to him—they were within a few paces of him, within hearing—I don't know whether they had been speaking to him before he told me that; I was looking at the ship; I don't know whether he came by their orders or not.
MR. GIFFARD. Q. You have mentioned that a number of men came down on the morning of the 10th, and Lyons asked you to navigate the vessel? A. Yes—I did not direct the ship's course for Buenos Ayres exactly that day; at least I did not do so directly; I did it that day—we were originally bound for Singapore—on the morning of that day Carlos told me to navigate the ship for the River Plate—he spoke to me afterwards about its being a good place to land, but I can't say how long afterwards; it was some days; I don't recollect his words exactly—he was talking about the place; that it was a good place; that there were no English people there, they were all Spanish, and they could get away, or something of that sort—I don't remember what I said in answer; I very likely agreed to his words then—it did not matter what they said to me, I said yes to it—the quarrel between Blanco and Carlos, when the mate and I interfered, was about 1st September—that quarrel had nothing to do with Carlos being tied up; the quarrel was some days after that.
JAMES EARLY . I shipped on board the Flowery Land as ship's boy, in London in July last—the prisoners were part of the crew—they also shipped from London—I remember the morning of 10th September—about 2 o'clock that morning I was on the look-out on the forecastle—Mr. Carswell, the chief mate, was walking on a bridge that came from the poop to the forecastle—I heard him sing out, "Murder"—I saw Duranno near him—(MR. DALEY submitted that as the indictment upon which the prisoners were being tried was for the murder of the captain, any inquiry as to what happened to the mate was irrelevant to this inquiry. MR. BARON BRAMWELL considered it was important, as tending to show the existence of a common
design)—Duranno was striking the chief mate with a hand-spike—I went and spoke to the mate, and the mate told me to go and call the captain—Duranno heard the mate speak to me, and he told me to go into the house—he struck him again when I told him to come away—I was going to call the captain, but he stopped me, and told me to go into the house—that was the house on deck—I went in, and called the carpenter—the carpenter went out, and stopped about five minutes—he then came back again, and said that one of the men had struck him—after that he and I remained in the deck-house—about half an hour afterwards Watter came down and called Candereau, the Frenchman, out of his bed—he was in his bed at the time—I saw Watter; he had a capstan-bar in his hand—he told Candereau to come on deck, and take the wheel—Candereau said it was not 4 o'clock; he would not come on deck; the time of his watch had not arrived—he went on deck along with Watter—Watter made him go; he was standing in the house inside the door—I don't know what made Candereau go, except that he was afraid of Watter; he was standing there with the capstanbar in his hand—Candereau went on deck with Watter; I don't know whether he went to the wheel or not—I went on deck about half-past 5 or 6; I don't recollect exactly—Andersen, the carpenter, went on deck with me—I saw blood on the main-deck, and blood beside the cabin door—I went down into the cabin, and saw the captain's body lying there—it was wrapped up in canvas at that time—I saw Taffer, the second mate, sitting in the cabin—Lyons was speaking to him; Taffer was sitting crying, and Lyons and several of the other prisoners were with him—there were Chancis and Watter, and others—Lyons was telling the second mate that he must navigate the ship to where they wanted to go, and the second mate said he would do it if he could—they said they wanted to go to the River Plate, close to Buenos Ayres, and he told them he would go there if they would spare his life—that was all I heard them say—I saw Chancis put a rope round the captain's body—I did not see anybody help him—I don't remember what part of the body he put the rope round, under the arms I think—he sung out to them on deck to pull up, and they pulled it up out of the cabin, and throwed it overboard; that was the last I saw of it—I was standing beside the wheel that morning, and Blanco called me down into the cabin; he said they were going to share out the money—when I got into the cabin, I found there all the crew, except the one at the wheel; I do not recollect who was left at the wheel—the money was lying on the cabin table, and there was one watch or two—I do not recollect whether there were two or not, but I saw one—Taffer was there, and I heard Lyons tell him that he was to share out the money in seventeen shares—he said, no, he did not want to have anything to do with the money—Lyons told him that the rest of the men wished him to share out the money—Watter said it was only to be shared among eight—Lyons said that they should all have a share—I got a share—I had 4l; 1l. 10s. was in money, and the rest was in moidores—I saw nothing of the body of the captain's brother; I never saw it at all from that night—I never saw the chief mate after I went into the deck-house—I heard Blanco say that he was singing out for the second mate in the water when he was thrown overboard—he said so that morning—he said when he throwed him overboard, he was singing out in the water for the second mate—About three weeks after that we made the land—I remember the boats being got ready to go off; I assisted in getting them ready—I saw the first boat that went over the side of ship—the second mate, the steward and cook, Watter, Powell, and myself, got into that boat—when we got into the boat,
we pushed a little way from the ship, I took one of the oars, and rowed off—when we had got some distance from the ship, the party that was in the other boat began to sing out to us to come back, and we came back—the other boat was then fastened to the ship; some of the crew were in the boat, and some on the ship—when our boat went back to the ship, the second mate and Watter went on board the ship again—Lyons told them to come on board—I went aboard also—I don't believe any of the men were below in the hold when we came on board again—they went down into the hold before we went into the boat; they were down in the hold when we first went into the boat—I could not see what they were doing—it was the carpenter, Lyons, and Carlos, who went below—they were below in the hold when I first went into the boat—when we came back they were on deck—I don't remember any more going down into the hold besides Lyons, Carlos, and the carpenter—when we came back, I went on the deck of the ship; they did not all go out of the boat; the steward would not come out, and Powell stopped in the boat—Lyons asked the steward to come on deck, and he would not—Lyons and Duranno then began to throw bottles of wine at him, and they struck him with some of the bottles, and he went out of the boat—I don't know whether they knocked him out of the boat or not—he got into the water—I heard him crying out to Lyons for help when he was in the water—Lyons said he would not help him, for he had deceived him before, and he said it was too easy a death for him—he was drowned—I went down into the boat after the steward went out of it, and I did not go on board any more—I went on shore in the same boat that I first got into.
Cross-examined by MR. ATKINSON. Q. You say the steward was drowned—was the wind in towards shore at that time? A. Yes; I did not see him drowned—the vessel went down shortly afterwards—when I saw Lyons talking to the second-mate, I saw that he had a cut across the face; he was bleeding a little—he had two cuts—I don't remember on which side of his face—he had one on his face, and one on his lip—it was a cut with a knife—when I saw Lopez in the cabin there were others there—it was near 6 o'clock when I saw the rope put round the captain's body—I am quite sure that it was Lopez did that—Lyons was there at the time—I don't recollect any others besides those two—I was standing beside the captain's body at the time—the second-mate was sitting in the cabin—he could see what passed—Lyons assisted the second-mate in navigating the ship—Lyons seemed to have the command of the ship amongst the men—he seemed to be spokesman—he was the only man amongst them who could speak English properly.
Cross-examined by MR. RIBTON. Q. When you left the vessel in the boat, who was in the boat with you? A. Andersen, the carpenter, Powell, Watter, Chancis, and Marcelino when we left the ship to go ashore—when we first left the ship, the second-mate, Watter, Powell, the cook, the steward, and myself were in the boat; not Carlos—he was not in the boat—I saw the carpenter, Lyons, and Carlos go down into the hold—that was not long before we left the vessel—they did not go down into the cabin—they went down forward, down the fore-hatch—I was then on the main-deck—I don't recollect what I was doing—I don't remember who else was about the fore-hatch—I don't remember seeing any—I don't remember who it was that called our boat back—somebody called out of the other boat for us to come back.
Cross-examined by MR. DALEY. Q. At the time the bottles that you speak of were thrown, where were you? A. I was on the deck; there was a good deal of confusion—they were making a noise—I was not leaning over the side—I was standing close beside Lyons after I had come out of the
boat—I saw where the bottles fell—I was standing close to the ship's side, close to the bulwarks—I could see into the boat.
MR. SOLICITOR-GENERAL. Q. Were you able to see whether any of the bottles struck the steward? A. Yes, they did—the fore-hatch that I saw Lyons, Carlos, and Anderson go down, does not lead to any berths, or apartments; it leads down to the hold of the vessel.
MR. ATKINSON. Q. In what language did Lyons speak to the steward when he was in the water? A. He spoke in English—the steward was not an Englishman—he was a Malay—I know Lopez well (pointing him out)—he did not assist in the navigation with the second-mate, that I know of.
FRANK CANDEREAU (through an interpreter). I am a Frenchman—I was a seaman on board the Flowery Land—I was in the habit of sleeping in a house on the deck—I slept in the same part of the house as Andersen, the carpenter, and Early—some days before the captain was killed, I received a communication from Frank Powell—I communicated that to the captain—I recollect the morning that the captain was killed, but I don't know the date—I was woke up about 3 or half-past 3 in the morning by the carpenter and little Jemmy (Early)—they were quite trembling, and the carpenter was crying—they did not give me any direction, they only told me to go to the wheel—I did so—when they came and awoke me, I asked them if it was 4 o'clock—they said, "No; but you go to the wheel"—as I was going to the wheel, I saw the prisoners all together in a lot, but as it was dark at the time I could not exactly distinguish, but everybody was there—seven or eight of them had hand-spikes or capstan-bars in their hands—I did not speak to them—I only spoke to Frank Powell—he told me that two were in the water; the captain's brother and the first-mate—I asked after the captain, and he said, "Look here; there is death in the cabin;" pointing with his finger—I looked down in the cabin where they were in the habit of eating—I looked through the little window which is close to the compass, close to where the man at the wheel stands, and I saw the captain, dead, lying stretched out in the room—Frank Powell had not any weapon in his hand at that time—I afterwards went into the cabin when it was daylight, and saw the body of the captain wrapped up in canvas—a rope was thrown over some part of the body, and it was hauled up, and thrown into the water—I helped to haul it up, and Watter, and another; I don't know who it was—Watter said to me, "If thou dost not lend a hand, take care of thyself"—at that time a great number of persons were in the cabin, but I can't say who they were—the room was full of blood—after the captain had been thrown into the water the cabin was washed a little, and then the boxes were all broken open to see what they contained—I observed three persons doing that—Marco Watter, Joe Catalan (Lopez), and Ambrosio (Duranno)—I saw some money taken out, and put upon the table—Joe Catalan said the second-mate was to divide it; to share the money—he said he was to divide the money amongst all the persons on board—I did not hear any of the others say anything about the division of the money—afterwards the second-mate was told to share it into seventeen parts—the money was then shared into seventeen parts; after that, all the day long, eating and drinking went on—after that it was the second-mate who navigated the ship—I know that three days after the murder he was spoken to about it, but I do not understand English sufficiently to know what was said—some days after the captain was murdered, I was in the room where I slept, and Basilio Delos
Santos came in—that is him standing up now—he sharpened his knife, and said, "In two or three days I kill thee"—I will say it in English—he said, "That is a knife; in two or three days we kill thee"—I said, "Well; kill me"—he said nothing more then, but he once told me, "This knife will serve thee as they have done to the captain"—he only said that once—he spoke in Spanish—I remember when land was seen—I can't exactly say at what time it was, but it was dark; it was not daylight—we turned the ship about—she was brought back again—I got into a boat—that was about midnight, I can't say exactly—Santos and Carlos were in the boat with me—nobody else at that moment—a little while after, Cassa, the lamp-trimmer, came down into the boat—those who were in the ship called him—I heard them—Lyons was one, Joe Catalan, (Lopez) Ambrosio Duranno, and Blanco—they called him on board the ship again—he went up on board the ship—I remained in the boat—I heard Cassa cry out in English, "Finish me quick"—he was down in the cabin when he said that—Lyons, Joe Catalan, Blanco, and Ambrosio were on board the ship at that time—I afterwards saw the steward in the water—after we landed, the second-mate and I went to Rocha, and found a great quantity of Frenchmen there—we went to the camp—the prisoners did not know of our going—we met with a man who could speak English.
Cross-examined by MR. KEMP. Q. Can you speak Spanish? A. No; I understand a few words—I do not understand any conversation in Spanish that is addressed to me—when the conversation took place between me and Santos, he addressed me in Spanish; both times—all he said was in Spanish—I could understand all that he said to me—I understood sufficient Spanish for that—I can tell you the words he made use of (repeating them in Spanish)—I do not speak Spanish well—I had no other conversation with Santos—I remember the distribution of the money—Santos was not present on that occasion.
MICHAEL ANDERSEN (through an interpreter). I am a native of Norway—I was carpenter on board the Flowery Land—the captain did not like the crew—I heard him say so on deck, because they were not able to do their work—I have seen the captain strike some of the crew, the steward, the cook, the lamp-trimmer, and Marco Watter; he struck Watter with his flat hand at the side of the head—I did not see that more than once—the captain said to him at the time, "You are come aboard my ship as able seamen, and you cannot do your work, and when you are in China you will expect your pay"—I have seen the first-mate strike Basilio (Santos) with a rope; not so as to hurt him—I remember when the captain was killed; about 2 o'clock that morning the boy, Early, came and woke me up—I went on deck—I saw the chief-mate lying close to the step leading to the poop—he asked me who I was—I told him I was the carpenter—he asked me to help him into the cabin—I got him on the poop—I found that his arm was broken, and his face was smashed to pieces—he asked me to go and fetch the captain—as I was turning to do so, I received a blow on the head with a hand-spike, or capstan-bar—I could not see who it was that struck me—Marcelino afterwards spoke to me about being struck—he said, "Me strike you"—I can't remember how long that was after I was struck; it was not the same morning—I had a stiff neck for two or three days from the effects of the blow—I fell by reason of the blow, and I then went into my berth—I was called up again about half-past 5 or 6—I saw some of the captain's clothes ransacked in the cabin—they were all there then, except the man at the wheel—I saw the captain's body thrown overboard—Blanco and Watter, and I believe, the Frenchman helped in that—before I came on deck after
I had turned in, they came and told me that they were going to kill the captain and the second-mate—they were outside the door at the time they told me this—the door was open—I saw Watter, Basilio, and Carlos—there were more, but I can't say who they were—they are all I now recollect.
COURT. Q. Who was the first person you mentioned? A. Francisco, Blanco, Marco Watter, and George Carlos.
MR. WELSBY. Q. Bid you see any person pulling the rope up the companion ladder? A. I did not see it—the rope was down before I came on deck—I saw Francisco, Marco Watter, and the Frenchman hauling it—one of them called upon me to help them; I don't remember which—it was not the Frenchman, it was one of the other two—I did not help them, because the rope was covered with blood—as the body was being thrown overboard they told me it was the captain's body; they said, "There goes the captain, he will never more call us sons of bitches"—I don't remember who it was said that—it was either Blanco or Watter; it was not the Frenchman—I was afterwards called down into the cabin—I saw money on the table—I saw it shared by the second mate into seventeen parts—Watter told him only to share it into eight parts—Lyons said that it ought to be shared between the lot—there were some desks broken open before I came down—I broke open a chest by the direction of Watter and the lot of them—I believe it was Watter who gave me the direction, but they were all round me—there were boots and shoes in the chest, and they took and helped themselves—I remember when we spoke the English vessel, the Friends—on that day I saw five or six of the prisoners sitting on the fore-hatch talking together in Spanish—they were Lyons, Watter, Blanco, and some others; I cannot name the others—I believe they were quarrelling—I could see by their behaviour—I could understand that they were talking about the carpenter and the second mate—the Spanish words for them are "carpentero" and "piloto"—shortly after that I heard Lyons say in English, "If you like to kill the second mate and the carpenter you can do it; I shan't do it"—Lyons was speaking to the lot of them when he used those words—Lyons afterwards told me that I must look out sharp, and do what these men told me to do, if I wanted to be safe—on a subsequent day I remember Basilio and Watter coming to my room to sharpen their knives on my whetstone, and they told me in a very short time they would kill me—the pair of them said so—they said they were going to kill the steward and the Frenchman as well—Watter told me that he had killed sixteen before—I remember the morning that we first made the land—on that day I received orders from Lyons to have my tools ready, besides a candle and matches, to make a hole in the ship—the lot of them were all together at the time—they had told me about a week before that I was to scuttle the ship—they were all together then—in consequence of that being said to me, I had got a lot of oakum and a lot of plugs ready—I thought they were going to leave me in the ship, and to save my own life I was going, after they left the ship, to stop the holes in the ship—on the night that Lyons gave me the orders to make the hole, Carlos had first given me the order between 6 and 7 in the evening, but the other men said it was too soon—between 10 and 11 at night I received orders from Joe Lyons to go down into the hold—about five of the prisoners went down with me—there were Carlos, Lyons, Blanco, Mauricio, and Frank Powell—they had got sling shot and two knives each, and I think they had got the captain's revolver—I know the men were in possession of the captain's revolver—I bored some holes, four forward and four aft—after that had been done we all went up on deck—Lyons told me to go in the boat as soon as possible—I did so—I
heard persons calling from the ship to the steward to come on deck—on that same afternoon, before I scuttled the ship, Lyons told me to fasten down the hatchways and everything that was loose on deck—he told me to use long nails—I did not fasten the things down—I cut all the lashings off, so that they might float—I did not use long nails; I took them as short as possible in order that if anybody was below they might come up—I remember our coming up with a steamer—the prisoners were very frightened if the steamer should see them—Joe Catalan [Lopez] said if the steamer should see them, the best thing was to jump overboard.
Cross-examined by MR. ATKINSON. Q. How long was it after the death of the captain that Lyons said, "If you like to kill the second mate and the carpenter you may do it, but I won't?" A. I believe it was the same day that we spoke the English ship—I believe that Lyons assisted those two men not to be killed.
Cross-examined by MR. METCALFE. Q. You say you heard some men outside your berth; how many were there altogether? A. I cannot tell; it was dark, and I was hiding myself in the corner—Watter came and called the Frenchman out, and Francisco stood at the door alongside of Watter at the time—the Frenchman was with me, and Watter came in and called him out—I saw Basilio there too—they were passing backwards and forwards by the door—I said there were about four—I do not understand Spanish—I understand a little English—what was said about going to kill the captain was spoken in English.
Cross-examined by MR. KEMP. Q. Santos cannot speak English, can he? A. I don't know—I don't know that name at all—Basilio speaks English very little—when Santos and Watter spoke to me, they always talked English to me—when they said they were going to kill the steward and the French-man, that was said in English—I cannot remember the English words they made use of—I can undertake to say that the threat was that they would kill me—they said, "By and by we will kill you"—I don't remember the words they used about the captain and the steward—it was Watter and Basilio who said, "By and by we will kill you"—it was not the same day; one said it one day, and another the other—Basilio said it first when he sharpened his knife—I can't remember how long that was after the captain had been murdered—no one was present on the occasion—I had no other conversation with Basilio.
Cross-examined by MR. RIBTON. Q. You speak about the persons coming to your berth, do you recollect Carlos knocking and asking for admittance? A. No—I have very often sat with Carlos in my berth for a considerable time—I did so the morning the captain was killed; he was in and out—he did not sit with me for some considerable time—he did not come into my berth to hide from the other men—I did not hear any of these men desire Carlos to throw the chief mate overboard, and he refused to do so—he was in my berth that morning for two or three minutes; then he went out, and then he came in for two or three minutes, and then he went out again—I and Carlos were not alone in my berth—Early was with me—I can't remember whether the door was shut at the time—I cannot remember whether he was there considerably more than two or three minutes—he told me he was afraid—he did not tell me that he had been desired to throw the mate's body overboard and had refused to do so.
MR. WELSBY. Q. Was it you who told Carlos you were afraid, or did Carlos tell you he was afraid? A. I don't remember that I had any conversation with Carlos at all that morning, except that he told me he was afraid—that
was after the captain was killed; after the carpenter had been and assisted the mate to the cabin; after the mate was killed—he told me that he was afraid that the other men would kill him.
COURT. Q. How many names do you remember of those who came to your door and said they were going to kill the captain and second mate? A. There were Watter and Francisco, who told me about it, and Carlos—I cannot remember any more that told me about it, but I remember I saw Basilio there—I remember four—there were those four there, but I cannot say which of them spoke—that was after the first mate was killed—I believe it was before the captain was killed—it was after the first mate was killed that Carlos came in and out of my berth, and after he told me they were going to kill the captain—I could not give an alarm to the captain because I was struck down.
Q. What was it that Carlos said to you? was it that the other men were going to kill the captain, or that he and the others were going to kill the captain, how was it? A. He said he was afraid these men would kill him—I cannot remember who of them told me they were going to kill the captain and the second mate, but I expect it was Marco Watter.
JOE WILLIAMS (through an interpreter.) I was an ordinary seaman on board the Flowery Land—I was in the second mate's Watch, from 8 to 12—I kept the watch from 8 to 12 the night the captain was killed—I went to bed as soon as my watch was over—I don't know many persons were in the deck-house when I went to bed, because it was very dark—Powell, the Austrian, was there; I saw him in bed—I was not awoke by anything during the night—I heard no noise in the night—I got up at 6 in the morning—I was awake about an hour before that—I remember Duranno coming into the deck-house—he said, "I killed the mate"—that was about 5 o'clock—I did not hear the mate—I did not hear any one in the water—after saying "I killed the mate," Duranno went out of the deck-house, and I went out—I saw Francisco and the rest—they were saying, "We are going aft to kill the captain"—he had nothing in his hand when he said that—I did not see any of them with anything in their hands—I did not see what they were doing; they went aft—Francisco told me something that same day—he did not say it to me, but he was saying it to the rest—he said, "I stabbed the captain three times, and the captain's brother also; I stabbed him three times;" and Marco Watter was saying the same—he said, "Three times I stabbed the captain"—Chancis said, "I have done the same," or "I helped them at the same time"—Lyons was not then present; he went into the cabin; I did not hear him say anything about it—I have told everything that was said—Chancis told me, "1 struck the fire to see where the captain was"—he did not say where he struck the light, or where he got the matches to strike the light with—Watter said, "The captain's brother was very light, because I threw him overboard with my own hand"—I don't know who gave orders after the captain was killed.
Cross-examined by MR. ATKINSON. Q. Where did the conversation take place between Lopez and the other two men? A. In the forecastle; the house on deck—I am quite sure I have told all that was said—Lopez did not say, "I helped to take the captain out of the cabin when he was dead."
Cross-examined by MR. METCALFE. Q. Were you taken into custody on this charge? A. Yes; I was sent over to this country in custody—I did not come the same as the others—I came in the same vessel, but I was on deck—I was in custody—I was alone on deck—I was taken in custody to the Police-court, and then discharged—I was not asked to give evidence
against these men after my discharge—I don't know who asked me to give my evidence—I don't know where it was taken—I don't know the name of the house I went to—I was asked to say what I knew about the matterthat was about a week after I was discharged from custody.
Cross-examined by MR. SLEIGH. Q. Were you not in your berth, in the house on the deck, and did not Duranno come to your berth, and call you out? A. Yes—he did not shout out for me to get up; I was up—when I came out of my berth, I did not see that Duranno was in a state of great excitement and alarm—I don't know whether he spoke as if he was alarmed and frightened—he did not take hold of me and pull me, or ask me to follow him on deck—I did not follow him on deck—he went out; I don't know where he went—I did not find the mate alive on deck when I went on deck—I did not see him at all—I saw nothing.
Cross-examined by MR. BEST. Q. When the conversation took place which you have told us, and it was mentioned that two persons had stabbed the captain three times, was anybody else present except yourself, or the prisoners, or some of them? A. There were more persons there; Marcelino, Watter, Carlos, Santos, Ambrosio, and Chancis—I think nobody else; I could not tell.
FRANK POWELL (through an interpreter.) I was a seaman on board the Flowery Land—on the night of 10th September, I was on the first watch—I turned in at 12 o'clock—the first mate succeeded me, and came on—I don't know what time it was when I got up next morning, but I think it was about half-past 3—I got up so early, because I heard some noise on deck—it was a noise of somebody screeching on deck—nobody called me—when I got up I saw the chief mate on the starboard side, on deck—he was groaning—I did not go up to him—Andersen, the carpenter, came up—the chief mate was then lying in the same place—the carpenter went to him—the chief mate told him to help him into his berth—he did so—I saw somebody run after the carpenter; I could not tell who it was, because it was dark—he had a hand-spike in his hand, and I saw him strike the carpenter with it on the back of his neck—the carpenter ran forwards, and I ran after him, under the gallant forecastle—I went to the wheel soon after that; about 4 o'clock—Candereau was at the wheel at that time—I was with him for about ten minutes; after that I went to the cabin—the whole of the crew were there—I did not see Taffer, the second mate, there then—I heard him afterwards crying in his own cabin, and I heard Lyons call him out—he came out and said, "What are you going to do with me? are you going to kill me?"—Lyons said, "No"—I did not hear him say anything else—I heard him afterwards tell him to take the vessel to some port where they could get clear—that was on deck—I did not see the captain's body hauled up, or know who hauled it up—I remember the money being divided—after it was divided I heard the men talking in the forecastle—I heard Francisco Blanco say, "I have killed the mate," and Duranno said, "I had a heaver; I first struck him and felled him on the deck"—it was then that Blanco said, "After I saw you strike him, I took the handspike and struck him on the head"—Watter said, after they killed the mate he was in the cabin with Joe Lyons, Francisco Blanco, and Joseph Chancis; they struck a light to see where the captain was sleeping; Joe Lyons was keeping the candle, and Marco Watter, Joseph Chancis, and Francisco Blanco, they stabbed the captain, the whole three of them"—when that was said by Watter the whole gang was in the forecastle; they could hear it—the whole of the prisoners were in the forecastle—Lyons was there; the whole of them
that were sleeping in the house on deck; Lyons, Blanco, Duranno, Santos, Carlos, Watter, and Chancis, I don't know the name of the other; it was Marcelino; he was there—I also saw Marcelino in the cabin when they went to the second mate—at the time Watter said what I have stated, these men did nothing; only were laughing—I heard Lyons tell the second mate to take them to some port, so that they could get clear—the mate asked him, "Where do you want me to take the ship?"—he replied "Wherever you think it is better"—I remember going into the boat.
Cross-examined by MR. METCALFE. Q. Were you also brought as a prisoner to this country charged with this offence? A. Yes; when they took these prisoners they took me—I was taken to the Police-court—I had a share of the money, and the clothes—I drank the champagne every day almost—they had it on deck, and it was there for any one to drink; every one had it; not the second mate; the carpenter did—the conversation about killing the mate and the captain was in Spanish—I understand Spanish—Watter spoke in Spanish (the witness repeated it in Spanish.)
Cross-examined by MR. SLEIGH. Q. Can you write? A. No. Adjourned Thursday, February 4th, 1864.
MR. METCALFE submitted that the indictment was not sustained, inasmuch as the jurisdiction of the Court was not shown; the jurisdiction would depend upon whether or not this was a British ship; for the purpose of proving that, the prosecution had put in a certificate of registry, under 17 and 18 Vic. c. 104, sec. 107; that certified copy, he was prepared to admit, was to be received as proper proof of the contents of the registry, and if it had recited that this was a British ship, or that the owner was a British subject, it would be sufficient; but it nowhere did so; section 18 provided that no ship should be deemed to be a British ship unless she belonged wholly to natural born subjects, to persons made denizens by letters of denization, or to a body corporate; if either of those classes of persons was shown to be the owner, it was to be deemed a British ship provided it was registered; but the registration did not make it so; that was a sine qua non; upon the face of the certificate itself, it appeared that the ship was built in America, and for aught that appeared the owner might be an American; his name and address only was given, without any description of him as a British subject or a naturalized person; the certificate also showed that the vessel was the subject of a certificate of sale, and he contended that even if it was a British ship at the time of registration, the prosecution ought to go further, and show that the power of sale had not been exercised in favour of any but a British subject; upon both these grounds he submitted the prosecution had failed to show any jurisdiction in this Court. MR. RIBTON urged the same objection, and MR. KEMP further submitted that there was no evidence to show that the certificate referred to the identical ship on board which this mutiny took place. MR. BARON BRAMWELL.—"I am of opinion that there is nothing in the objection, but that there is abundant evidence to go to the Jury—to say nothing of the presumption that a ship could not be registered if it had not been a British ship, and that the authorities had properly informed themselves of that matter, the owner is described in the certificate as" Wm. Weemys Kerr, of 25, Poultry, in the City of London, merchant; "that is a British name, and the name of a person residing in the United Kingdom, and surely if John Jones or John Smith is described as living in a certain place in the City of London, there is a presumption that he is a natural born subject. But besides that, there is abundant evidence; she sails from the Port of London with an English name on her, with an English captain on board, with two English mates, and an Englishman, the brother of the captain; at least, persons bearing
English names, and speaking the English language. In addition to that, there is a piece of evidence furnished by the prisoners themselves on this subject, viz., their request that the ship may not be taken to any place where there were English authorities; which would imply that such a place would be one where they would be most in danger. I am of opinion, therefore, that there is abundant evidence (whether it is inevitably proved is another matter) upon which the Jury may find that this was a British ship. As to the other objection, that there is no evidence that the Flowery Land, named in the certificate, is the Flowery Land in question, that is for the Jury: we have it that this particular ship was a British ship, in addition to which it has been held over and over again, that identity of name is abundant evidence of identity of the thing. The only thing I was about to look at further, was whether there was any statement in the certificate of who the captain was; I do not see it; but it is a matter of perfect indifference, because, independently of that, there is abundant evidence, to my mind, that the ship is the ship named in the certificate, and independently of the certificate, there is other evidence upon which the Jury might well come to the conclusion that this was a British ship. However, if the Solicitor-General entertains any doubt upon the matter, and desires to give further evidence, he can do so." The SOLICITOR-GENERAL considered the evidence as it stood perfectly conclusive; but as the managing owner of the vessel was in attendance, he would call him.
JOHN HARRISON SMITH . My private residence is at 49, Inverness-terrace, Bayswater—I managed the vessel while she was here—I know the owner Mr. William Weemys Kerr, perfectly well—his office is in London—he is a Scotchman.
Cross-examined by MR. RIBTON. Q. How long have you known him? A. Twenty or twenty-five years—I believe he was born in Scotland—I am quite certain he was not born in New York—I have heard him say he was born in Scotland, and I have heard so from his relatives.
LYONS, BLANCO, DURANNO, SANTOS, WATTER, MARCELINO, and LOPEZ.— GUILTY .— DEATH .
CARLOS— NOT GUILTY .
Friday, February 5th.
247. GEORGE CARLOS was again indicted for feloniously casting away and destroying the ship called the Flowery Land, the property of William Weemys Kerr, on the high seas, within the jurisdiction of the Admiralty of England.
MR. SOLICITOR-GENERAL with MESSRS. WELSBY, GIFFARD, and BEASLEY conducted the Prosecution, and MR. RIBTON the Defence.
William Taffer, Michael Anderson, and Frank Powell deposed to the same effect as in the former case.
JAMES EARLY . (This witness, after briefly being examined to the facts as before, added, "I have got something more to say." MR. RIBTON objected to the witness making any statement without the nature of it being first ascertained; it might be something contrary to the rules of evidence, and yet calculated to prejudice the case of the prisoner. He suggested a course which had been adopted before on a similar occurrence, viz. that the witness should communicate what he had to say to the attorney or counsel for the prosecution; this being done, the witness was directed to proceed with his statement.) A few days before the captain was murdered, the prisoner asked me where all the men
slept in the cabin, which berth was the captain's, the second mate's, the chief mate's, and the captain's brother's—I told him he knew as well as me, he had been in the cabin as often as me—he then named the places where they all slept, and asked me if that was right, and I said"Yes"—that was all that took place between us on that occasion.
Crow-examined by MR. RIBTON. Q. Did you ever mention this to anybody before? A. No; this is the first time I have stated it—I never recollected it before—I was examined before the Magistrate more than once—I was examined abroad—I did not state it there—I was examined by the solicitor to the Treasury, or some one, I don't know what he was—I don't know the name of the place—he asked me questions, and told me to tell him all I knew about the matter—he told me that more than once—he took down what I said—after that, he asked if I had any more to say; but I never thought of this—I never thought of it when I was examined here on Wednesday.
COURT. Q. How came you to recollect it now? A. I told the second mate on board the ship about Carlos asking me where they slept in the cabin—that was after the captain was killed, when we were aboard the ship; and yesterday he asked me if I had told that—I said, "No," and he bade me to tell it.
GUILTY .— Ten Years' Penal Servitude.
NEW COURT.—Wednesday, February 3d, 1864.
Before Mr. Justice Shee.
MESSRS. SLEIGH and OPPENHEIM conducted the Prosecution, and MR. COOPER the Defence. Boyden being deaf and dumb, the evidence was interpreted to him.
NOT GUILTY .
GUILTY .— Three Years' each in Penal Servitude, A former conviction was charged against Hunt on the first indictment.
MR. COLLINS conducted the Prosecution.
ELIZA CAIN . I live in the same house with the prosecutor, 5, Kinder-street, Commercial-road-east—on the night of 2d January, I saw the prisoner in the Blue Anchor—he and Mary Dunvert got into a cab, and I went into the house—they got home again about half-past 10—he came inside, and she asked him to pay for the cab—he said, "No, nor any G—d—w—like her"—she made no answer, and he knocked her on the bed and put his leg on top of her face—his boots were on—he said, "If you make any answer, you G—d—w—, I will cut your throat"—with that, he drew a knife from his bosom, and opened it; she put up her hand, and I saw prisoner cut her hand—it bled.
COURT. Q. How did he use the knife? A. He put one hand on her
face, and with the other he wanted to cut her throat, but she put up her hand—that was after he said, "If you make any answer, I will cut your throat."
MR. COLLINS. Q. Did he go out of the house? A. He ran from the house after he had done it, and a mob collected in Cannon-street—he ran about half a mile from the house—he then returned to the prosecutrix, and said, "I will tie a handkerchief round it, and you will say no more about it"—she was taken into a doctor's shop, who said she must go to the hospital—I gave him in custody—he did not seem the worse for liquor—I did not see him drink anything.
COURT. Q. Did she knock her hand against the knife? A. No; he did it with the knife—he wanted to cut her throat—he had her laid on the bed, and she put her hand between her throat and the knife.
MARY DUNVERT . I live at 5, Kinder-street, Commercial-road-east—on 2d January, I went home in a cab with the prisoner from the Blue Anchor about half-past 10 o'clock—I asked him to pay for the cab—he said, "No, nor any G—d—w—like me"—the cabman went away without being paid, and the prisoner immediately threw me on the bed, put his foot on my face, drew a knife from his bosom, and said, "I will cut your d—throat"—when I saw the knife, I put up my hand, and the knife came across my wrist, and then he ran out directly as far as Cannon-street-road—a mob collected, and he came back and put a handkerchief round my wrist, took me to a doctor, and asked me to say nothing about it—I was in the hospital eight days, and am an out-patient now—I cannot say whether the prisoner was drunk—I did not see him drink anything.
Prisoner. Q. Have you got a parcel belonging to me? A. Yes, two shirts in brown paper—I cannot say who cut the bottom of your coat pocket—I am an unfortunate girl—you left the parcel behind you when you ran away.
COURT. Q. Was his coat-pocket cut? A. No—this ont was not done by accident—he meant to cut my throat, but I put up my hand.
JAMES CHAPMAN (Policeman, H 80). On the night of 2d January, Cave gave the prisoner into my custody—I took this knife out of his pocket—it had a great deal of blood on it—I said, "This appears to be the knife"—he said, "Yes, it was done by an accident; I was cutting a piece of bacco, and she went to snatch the knife out of my hand"—I took him to the station—he had been drinking, but not to a great extent—he seemed to know what he was doing, and walked very well—I did not see that his pocket was cut—the knife was in the right coat-pocket—about 17s. were found on him, which were given up next morning.
Prisoner. Q. Did I make any resistance? A. No.
GEORGE KING . I am house surgeon at the London Hospital—the prosecutrix was brought there on 2d January with an incised wound from the back of the left wrist, to the middle of the front of the wrist, about half-way round the arm—it divided the whole of the tissues down to the bone, including one of the arteries of the fore-arm, from which she lost a large quantity of blood—it was a severe wound—she was in the hospital about a week, and was made an out-patient at her own request, or she would have been kept longer—she is still an out-patient—this knife would be likely to cause the wound—it would be impossible to produce it by striking the knife against the hand—it must have been a cut.
Prisoner. Q. Was it willful, or might it have been done by accident? A. It might have been done by accident, but I scarcely think so—I judge
that, from its depth, and from its going half-way round the arm, it must have been done with a sweep of the knife.
Prisoner's Defence. When I met this young woman, I was homeward bound. I was paid off that day. I got into a cab, and told the man to drive to my address. I was not in a fit state to say whether she got inside or outside, but when I got out, I went into her house. I went to cut a bit of tobacco to put in my pipe, when the cabman asked me who would pay him. I said, if he drove me where I told him, I would pay him. The prosecutrix and the servant collared me, and knocked me down; they felt my money in my inside pocket and could not get it, so they cut the pocket clean through (Showing it to the Jury). The cabman sung out, "Have you got the sugar?" and then went off. She cut her hand in trying to take the knife from me. I told her I was willing to take her to a doctor, and did so, but he would have nothing to do with it; and when I got outside, she gave me in charge. I lost 8l. 15s. The cabman went away without being paid, when he got my "sugar." I have been in the Crimea, and fought for my country. I had been paid off the same day from the Clyde, belonging to Messrs. Smith. I was a seaman and sail maker on board.
GUILTY of unlawfully wounding.—Recommended to mercy by the Jury on account of the provocation. — Confined Three Months.
THIRD COURT.—Wednesday, February 3d, 1864.
Before Mr. Recorder.
MR. COLLINS conducted the Prosecution.
MATILDA WARE . I am the wife of a coffee-house keeper, at 37A, Wych-street, St. Clement's—about halt-past 12 on Saturday night, 10th January, I was passing along Wych-street on my way home, when three men and a woman attacked me—one man put his arm round my shoulders, put his hand in my pocket, and took my purse—the prisoner is the man—I held him—he caught me by the throat, and told the others to run—he then knocked me down, turned my clothes over my head, and put them in my mouth to prevent my screaming—I still held him, and he tried to get away—I held him by his neck—he beat my hand to loose himself, and then hit me in the stomach—I fell back, and he got away—a policeman then came to my assistance—the prisoner knocked me down three or four times—he fell with me; I kept hold of him all the time—he ran away before the policeman came up—I am quite sure the prisoner is the man—I next saw him on the same night, about half an hour afterwards, at Bow-street police station, and identified him from several other persons—I had 24s., which was taken from me.
DANIEL HEALEY (Policeman, F 111). On Saturday, 10th January, I was on duty near Wych-street—I saw the prisoner in the Strand about half-past 12, with two other men and two women—I was in private clothes—I watched them, and they went into Wych-street—two or three minutes afterwards I went into Wych-street, and saw a crowd of several persons—I saw the prosecutrix lying on the ground, and the prisoner running away—I ran after him some distance, and lost him in the neighbourhood of Clare market—I saw him again about an hour afterwards in a pie-shop by Temple-bar, with three others—I took them all to the station, brought the prosecutrix
down, and she identified the prisoner as one of the men—he was placed with several others—I found 4s. 51/2d. on him.
Prisoner. Q. Who was you with at the time I passed you? Witness. A. Two other constables in uniform—I believe you were with the same persons then as you were when I took you afterwards.
MR. COLLINS. Q. Had you ever seen the prisoner before that? A. I had—I knew him by sight previously very well—the prosecutrix seemed as if she had been very much ill-used.
Prisoner's Defence. I was in company with the others, and passed this constable talking to another in the Strand. We went into Wych-street, and there was a disturbance. I saw people run past me, and a female and another constable in uniform. The female said something about being robbed. I walked home towards Clare market, and afterwards came back again. Do you think, if I had committed such a crime as this, I should have come back to the place? I met my friends again, and went to the pieshop with them, and was taken.
GUILTY .*†— Six Years' Penal Servitude.
SAMUEL DAVIS PLEADED GUILTY.— Judgment respited.
MR. W. J. ABRAM conducted the Prosecution.
FANNY COLE . I live at 17, Bond-street, Vauxhall-road, and am the wife of James Cole—on 28th December the male prisoner came to my house, and in the evening, about 8 o'clock, both the prisoners came together, and took one room which I had to let, and lived there as man and wife—on 9th January, when I got up and went into the kitchen, I missed the clock first: I then missed a bed and a bolster, some blankets, two shawls, a white counterpane and some books, also two coats, a pair of snuffers, three jugs, two basins, and a carpet-bag—the prisoners had left the lodgings that morning before I was up—I had no idea they had left till I went upstairs—their door was open, and there was a large fire in the room; they were there the night before—I don't know what time they went.
MARY ANNE MESSERLI . I am the wife of Gottlib Messerli, and am a general dealer—I keep a shop in the Southwark-road—I produce a pair of snuffers and tray, and three jugs—the female prisoner sold me the snuffers and tray in the morning for 1s., and the two together came with the other things at night—they brought three jugs, two basins, and some plates; I have them all here—they have all been identified—I am not sure who carried the goods—I dealt with both of them.
WILLIAM M'MATH (Policeman, S 36). I took the female prisoner into custody on Thursday; 21st January, in Brian-place, Islington, on another charge—she was then wearing this shawl (produced)—it was afterwards pointed out at the police-court as Mr. Cole's property—I said to her,"This is Mrs. Cole's shawl"—she said, "Yes it is."
Maria Davis. I did not know the shawl was hers.
Maria Davis's statement before the Magistrate:—"My husband gave me the shawl."
Maria Davis's Defence. I am married, but I did not like to let my friends know that I was in trouble.
GUILTY .COOK also stated that the prisoners came from Hertford, and that he believed the male prisoner had been sentenced to four years there. The COURT ordered him to communicate with the authorities there by the next Session,— Judgment respited. There was another indictment against the prisoners.
MR. NICHOLSON conducted the Prosecution.
JOHN RADFORD (Police-sergeant, D 29). I was on duty in Albion-place at half-past 2 o'clock on the morning of 19th January, and my attention was drawn to some marks on the iron railings there, which run from Hyde Park-terrace—there is no house in front—I then heard a rattle, and got into the garden of Sir John Romilly, at No. 14, Hyde Park-terrace—while there I saw the prisoner Douglas in the garden of No. 10—I got over the rails into the garden of No. 11, then went into No. 10, and found him lying on his face and hands close by the wall of the house—I took him by the collar, lifted him up, and asked him what he was doing there—he said he only got over to lie down—I then asked him where he lived—he said at the other end of the town—I searched him, and found this knife (produced) on him—I then called out for assistance, and Constable 219 came over the wall and assisted me in getting him out—I sent him to the station, and then examined the house No. 10—I found the kitchen window open in an area at the rear—there were no area steps—I saw dirty footmarks on the window-cill; in the area I found this silver soufflét dish (produced)—I examined the sash, and it appeared as if a knife or something had been put up between; there were marks on it—I then went in at the kitchen window, which was open, and examined the shutters; they appeared to have been sprung, as the catch that goes across was a little bent—the drawers in the kitchen were all pulled out, and the door leading from the kitchen to the passage was broken open—the inmates came down, made a further search, and found the thieves were gone—I then went back to the station.
JAMES SAGON (Policeman, D 394). About half-past 12 o'clock on the night in question, I was in Albion-street, and my attention was called to marks on the railings leading to No. 9, Hyde Park-terrace—I called two other constables—one stopped in Albion-street, and the other went over into the gardens with me—we examined the doors of the houses, and found all the windows closed, and the doors all right—we could see nobody, and we came back into Albion-street—I met a sergeant there, told him about it, and he told me to remain in Albion-street—I afterwards saw Douglas on the wall of No. 9—he saw me, and went down again—I also saw Higgitt on another wall at the rear of No. 10—I sprang my rattle, and went down the mews—Higgitt got on to the roof of the stables in Albion Mews—I went on to the roof myself, but after searching the stables with several other constables, we could find no one there—I came down into the garden of No. 11, Hyde Park-terrace—I stayed there some time, and then saw Higgitt come along the road from the stables to the corner, where he got on to another wall
leading to the garden of No. 14—I sprang my rattle—he caught hold of a tree which stands in the garden of No. 14, let himself down, and was taken in custody by constable 220.
Higgitt. Q. How high was the wall you saw me on? A. The first one is 12 feet high, and the second 18 or 20 feet high.
ALFRED HERMANN (Policeman, D 220). About 4 o'clock on the morning of this robbery, I was close to the garden of No. 14, Hyde Park-terrace—I saw Higgitt coming from the roof of the stables in Albion Mews—he got on to a wall and partly let himself down by a tree, and partly fell into the garden—I went into the garden, and took him into custody, just as he dropped to the ground—I took him to the station; he was very violent—I could not search him—I had to hold him up while another constable searched him; 24s. 9d. in silver and a shirt-stud were found on him.
ARTHUR WOODMAN (Police-sergeant, D 45). On the night of this robbery I was in the garden of No. 14, Hyde Park-terrace—I saw Higgitt letting himself down by a tree—he was taken in custody by 220—I saw him searched—after he was taken to the station I went on the top of the stabling, and from there to the wall where I saw him get down—on the wall I found a dirty pocket handkerchief, 4 pins, 5 rings, 4 studs, a gold chain, and a silver lever watch and key—I went back on to the roof of the stables again, and found this small piece of gold chain (produced)—I took the things to the station.
MARY ANN HATFIELD . I am housekeeper to Mr. Holland, of No. 10, Hyde Park-terrace—these six silver spoons, this soufflét dish, and this silver watch, belong to Mr. Holland—they were all safe in the kitchen on the night before, about half-past 1—I shut all the doors and windows before retiring to bed.
Douglas's Defence. I am innocent of the robbery. I know nothing about it.
Higgitt's Defence. Do you think a policeman could identify a man on a wall twelve feet high, and it is not likely he would come back to the very same spot he was chased from. I was coming up the Bayswater-road that morning, and two policeman stopped me, and asked me where I was going. I said I had been to see a friend of mine at Notting-hill, and they took me to the station.
GUILTY .—The prisoners were further charged with having been before convicted of felony. Douglas at this Court, on 16th June, 1856, and Higgitt at Westminster, on 6th March, 1860, in the name of John Birch, to which they
DOUGLAS.**— Twelve Years' Penal Servitude.
HIGGITT.**— Seven Years' Penal Servitude.
MR. GREENOAK conducted the Prosecution.
another officer, and saw the two prisoners running after a cart; knowing them, I called Hann's attention to them, and we followed them—I saw them go to the back part of the cart, on three different occasions, going from Farringdon-street to Temple-bar—one of them lifted up a parcel which laid in the cart—I saw the parcel rise—after they got through Temple-bar, the horse went rather fast, and we lost sight of them—we returned into the city and while near Temple-bar, I saw Williams with this white bag in front of him, running behind a cab—the other prisoner had this bag rolled up under his arm—when they got to Chancery-lane, Williams left the back part of the cab, and ran up Chancery-lane with Brown—we followed them—when we overtook them, Williams had this white bag, and the canvas bag under his arm—I stopped him, told him I was a police-officer, and asked him what he had got there—he said, "My own property"—I said, "What does the bag contain?"—he said, "I don't know; I shan't tell you"—I took him to the station, where he was charged—he then said that he had picked this bag up—Brown also stated that he picked it up and gave it to him—I made inquiries and found the owner of the property—the bag contained two shirts a pillow-case, a towel, and a handkerchief—Williams gave his address No. 8, Grain's-road, Bermondsey—there is such a place, but it is an empty house, and has been unoccupied for some time.
JAMES HANN (City-policeman, 34). I was with the last witness—I have heard the account he has given; it is quite correct—I apprehended Brown; it was Brown who tried to get the parcel out of the cart—I saw him put his hand up, and lift a bag similar to this—that was as the cart was going through the Bar, towards the Strand, before we first lost sight of them—I told Brown I was a police-officer, and asked him where he got the bag of linen that his friend was carrying—he said, "That's my business, and not your's."
JAMES WRIGHT . I live at 7, Edge-terrace, Notting-hill—my wife is a laundress—I know that bag of linen quite well—I can swear to all the clothes, they all have a particular mark on each corner—I received them from Watling-street on the 25th—a lad named Newman was with me in the cart—I gave the bag to him to put in the cart—after we got through Temple-bar the lad said something to me, and I found the bag was missing—I got out to catch the men, but I could not—I saw a middling-sized man in black, very much resembling Brown when I got out of the cart.
ALFRED NEWMAN . I was with the last witness—I took that bag from him and put it in at the back of the cart—when we got to St. Clement's church I looked round and saw a man's arm in the cart—he took out the. bag—I pulled up the horse as quickly as I could, and ran after him, but he escaped.
GUILTY .—Williams was further charged with having been before convicted, as Westminster, in January, 1860, in the name of Samuel Martin, and sentenced to Three Years' Penal Servitude; to which he
PLEADED GUILTY.—** Seven Years' Penal Servitude.
BROWN. *— Confined Eighteen Months.
MR. BARNARD conducted the Prosecution. BENJAMIN SHEFFIELD. On the night of 2d January, I went into Wallace's public-house, about 10 o'clock—I believe it is at the corner of Tooley-street—it is the first house over London-bridge—I met the prisoner there, bad something to drink, and left with her—when on London bridge she said to me,"I have no money"—I wanted a cab, and I took my purse out and
showed her 1l. 10s. in gold in it—I had a pin also in the purse—we then went to the corner of Eastcheap and had something more to drink—from there we proceeded to Coleman-street—I was going to have some more to drink and found my purse was gone—I accused the prisoner of taking it—she said she had not it, and asked me to allow her to feel, to see if I had got it—I did so, and she placed the purse back empty—a witness named McCarthy saw her take something from her pocket and put it into mine—I looked in the purse and found it was empty—I did not make the prisoner a present at all—I had not promised to give her anything.
Cross-examined by MR. HORRY. Q. Did not you meet the prisoner at the corner of Tooley-street, and afterwards go into the public-house? A. No; I met her inside the house—I had a friend with me then—he is not here—he was not before the Magistrate—I don't know where he lives—he was a shopmate of mine—we left business together at half-past 4—I had 1l. 16s. then—we were drinking from half-past 4 to 10, the principal part of the time—I can't tell you how many public-houses we went into—I went into more than six before I met the prisoner—on my oath I did not spend more than 6s. before I met the prisoner—I can't tell you what money I spent at each public-house—I was not quite sober at this time—the prisoner accosted me at Wallace's—I did not ask my friend for a half-crown to pay a cab fare; I had no need of a half-crown—I will swear nothing of the kind passed—I might have spent ten pence or fifteen pence at Wallace's—that was loose money I had—I did not take my purse out—my friend walked over the bridge with me and the prisoner, and left us at the corner of Eastcheap—she said she had not got my purse—she said it must have fallen on the ground—there was a scarf-pin in the purse—I did not wear it—I never did wear one—I will swear I did not talk to her about the scarf-pin, or hand it over to her—I missed my purse ten minutes or more after I parted from my friend.
MR. BARNARD. Q. Have you seen your friend since? A. Yes; he was a fellow-workman—I paid for the drink with some loose money I had—I first took out my purse and showed it to the prisoner on London-bridge—there was then in it a sovereign and a half-sovereign.
JOHN MCCARTHY . On the night of 2d January, I was in Coleman-street, between a quarter and half-past 10 o'clock, and saw the prosecutor and the prisoner there standing in the street—he had hold of her by the arm—I went towards them—he charged her with taking his purse and money—she said she had not got it, and that some money had fallen to the ground—I looked, but could not see any—she told him to search his pockets for his purse; he did so, but could not find it—I then saw her hand in her own pocket, and she pulled it out closed and put it towards the prosecutor's pocket—I could not see what it was because her hand was closed—I was quite close to her—she then told him a second time to try his pockets to see if he had not the purse—he felt, and it was there, but it was empty—the prosecutor had been drinking, but I think he had command over himself—he was pretty well tipsy I think, but he seemed to state the case before the police very correctly—the prisoner had her arm round his waist at one time—I did not see a pin.
Cross-examined. Q. Did you see the purse found? A. I saw him take it out of his pocket—the prisoner had a bonnet on—I don't know whether she wore a dark cloak or not.
into custody—the prisoner said she never had his purse or money—I saw this pin (produced) sticking into the breast of her dress—at the station the prisoner gave her address, No. 4, Skinner-street—I went there—the money was not found.
NOT GUILTY .
MR. GREENOAK conducted the Prosecution.
WILLIAM SMITH . I am a detective city officer—about half-past 7 on the night of 5th January, I went into the Three Cranes public-house, in Watling-street, and saw Fearn sitting on this parcel (produced), and Moore on his right-hand side whispering to him—I waited there some time, at last they separated; Fearn going in the direction of Southwark-bridge—I followed him, took hold of the parcel, and said, "Fearn, I shall take you into custody for receiving that parcel from one of Mr. Olney's servants; the little man with the plaid scarf on"—Moore at that time was wearing a plaid scarf—Fearn said, "For God's sake don't take me, you will ruin me; I shall lose my character"—he repeated those expressions several times on the way to the station—he said "It is a very bad job for me"—I told him that I had seen them together many times before, and it had been going on for some time—when we got to the station I left him there for a little while and returned to the Three Cranes, thinking to find Moore, but he had gone—I then went back to the station, and said to Fearn, "I-am about to put a question to you, you can please yourself whether you answer it or not. What is the name of that little man you received the parcel from?"—he said"Samuel Moore"—I said, "You knew he was employed at Olney's in Watling-street?"—he said, "I did not know he was employed there, but I knew he was employed in the neighbourhood"—previous to this, I had seen the prisoners together in Fountain-court, Lawrence-lane, where money has passed from Fearn to Moore—the parcel contained twenty-four packets, each packet consisting of a dozen reels of cotton.
Cross-examined by MR. COOPFR (for MOORE). Q. Do not you know that Fearn has something to do with the Blossoms inn? A. He is employed there—I believe he was foreman there; he attended to the receiving of parcels—it is connected with the Great Eastern Railway—it is in Lawrence-lane, Gresham-street—we went to the prosecutor's premises next morning—at that time, we did not know where Moore lived.
Cross-examined by MR. SLEIGH (for FEARN). Q. You told Fearn, I believe, that you had forgotten the other man's name at the time? A. Yes, I said so; I had forgotten it—he gave a truthful answer—he had only got to the opposite side of the way from the public-house when I stopped him—Moore had left previously—they separated when they came out, because there was a cry of"Fire"in Milk-street—Moore was, previously to that, sitting on the counter in the public-house on the left-hand of Fearn, who was sitting on the parcel—I followed Fearn out and got between them, so as not to lose sight of them—I believe Fearn has been for eighteen years in the employment of the Great Eastern Railway.
THOMAS SMART . I am a City detective-officer—on 6th January, about a quarter-past 9, I went to Mr. Olney's warehouse, 54, Watling-street, accompanied by Smith—while we were there, Moore came in—I told him I
was about to take him in custody for stealing a quantity of cotton from his employers the previous night, which he had given to a man named Fearn, in the Three Cranes public-house—he said, "Whoever has told you that I gave Fearn anything in the Three Cranes, has told you a lie"—I said, "I make a mistake about the Three Cranes, it was in Queen-street, "to which he made no reply—I took him to Bow-lane police-station, where the charge was entered—I asked him if he had a box at Mr. Olney's place, having ascertained that he boarded on the premises—he told me he had, and I should find the keys of it in his trousers pocket, hanging over it in his bedroom—I went to the bedroom, and found the keys as he had stated—I opened the box, searched it, and found one dozen sets of charms and half a dozen clasps, and in a purse in the box I found this address, "Mr. E. Fearn, 39, John-street, Urfur-street, New Kent-road"—that is Fearn's address—I returned to the station, showed these things to Moore, and asked him if he was aware they were in his box—he told me he was, and he considered they were his; he found them in the sweepings at the warehouse—I was present at the Mansion House when Moore was charged with this offence—he asked, in my presence, if he could pay for those articles—I believe he asked Mr. Olney to be merciful to him, or something of that sort.
Cross-examined by MR. SLEIGH. Q. Do you know anything about Fearn yourself? A. No further than that he was at the Blossoms, in the booking department—I do not think he collected parcels to take to the station—the Blossoms is an old booking office—it is about a quarter of a mile from the Three Cranes.
MR. SLEIGH to WILLIAM SMITH. Q. Is Fearn a collector of parcels at the Blossoms? A. Not out of doors—he receives the parcels there, and passes them to another part of the platform—he does not take them to the railway—it was his duty to sort them at the Blossoms—he was on his way home from there when I stopped him.
JOHN OLNEY . I am a wholesale haberdasher, at 54, Watling-street—I have four partners—Moore has been in my employment fifteen or sixteen months as porter and packer—he lived in the house—he had access to my stock—the whole of these things are out of my stock—our trading mark, which is an anchor, is on the whole of these—this brown paper which contains them has no mark on it—our parcels are all marked and addressed properly—Moore used to light the fires in the morning, and he must have taken these as he came down stairs.
Cross-examined by MR. COOPER. Q. Was it his duty to carry out parcels? A. Yes—I have four or five other packers in my employment, and about thirty men besides—there would be four others to carry out parcels that evening besides himself—I did not see him that evening about 7 o'clock.
MR. GREENOAK. Q. Were you at the Mansion House when Moore was charged there? A. I was—the first thing he said to me was that he begged that I would be merciful to him; the second was, that he would give me 10l. if I would let him off.
COURT to WILLIAM SMITH. Q. Did you search Fearn's premises? A. Yes—I found nothing particular, except a box of glass, the same sort of article the prosecutor kept, but it could not be identified—as I was taking Fearn to the station, he said, "It is a very bad job for me; I am ruined. Be as easy as you can with me."
The prisoners received good characters.
MOORE— GUILTY of stealing.
FEARN— GUILTY of receiving. — Confined Nine Months each.
The following prisoners PLEADED GUILTY .
257. JAMES HASLEBY (31) , to three indictments for embezzlement, after a former conviction at Preston, October, 1856; sentence four years' penal servitude.— [Pleaded guilty: see original trial image.] Eight Years' Penal Servitude; and
258. JOSEPH HODGES (23) , to stealing a watch from the person, after a former conviction on 18th August, 1862; sentence, twelve months imprisonment.— [Pleaded guilty: see original trial image.]** Six Years' Penal Servitude.
FOURTH COURT.—Wednesday, February, 3d, 1864.
Before Mr. Common Serjeant.
MR. COOPER, conducted the Prosecution.
GEORGE NEALE . I live at No. 22, Queen-street, Bloomsbury, and am a moulder—on Saturday night, 23d January, at half-past 10, I was going down Drury-lane, and missed my way from being a stranger—I have only been in London three weeks—I turned down Charles-street, and I there saw Galloway and Coleman close to the edge of the kerb—I asked them my way to Queen-street—they said, "Straight on"—I went on, and before I got two or three steps away, Galloway laid hold of me by the collar, and Coleman shoved me into the passage of a house—she then slung her arm round my throat—Galloway then laid hold of my trousers, and ripped them down by the pocket—she then cried out, "Bring the knife; quick!"—Cain came with it—I began shouting, and Coleman put a piece of wood in my mouth and stopped my crying out—Galloway took hold of my pockets, and Cain cut them off with the knife—I had in one pocket half a sovereign and five shillings—in the other pocket there were a few coppers—Galloway took all the money—I did my best to get away, but I was frightened because of the knife; when my pockets were off, two men looked out from a door, and Galloway said, "It is all over, "and they then pulled the door after them—as soon as I got my hands at liberty, I took the piece of wood out of my mouth, and Cain shoved the knife across my mouth and cut my lip—Galloway said, "Cut the b——'s throat"—her finger was cut in getting off my pockets, and she began jumping and crying, and said te Coleman, "Come and go with me to the hospital, and get it dressed, "and I said, "I will go with you my lass"—her finger was covered with blood—they went out, and I followed them—I do not know what became of Cain; she had disappeared—we came up to a constable, and I gave them into custody.
Cross-examined by MR. GREENOAK. Q. In whose employment are you now? A. I am in no employment; I have lost my work through this—I was out of employment for thirteen weeks, and this was the first week's work I had done for fourteen weeks—I had been at work during that week at Mr. Cutler's, in Great Queen-street, and received 1l. 11s. 51/2d. for five days' work—I left off work that day about half-past 2 or 3—I spent the time between that and half-past 10 with a couple of friends, who were out of work—I met them on the Thursday night and asked them to come up, and I would give them a trifle on Saturday—that is our custom—I promised them one shilling each, but I gave two shillings each—they met me at the corner of the street—we went into a public-house, and remained, I dare say, an hour and a half—we went from there to get something to eat from a bread-andcheese shop, and then went into another public-house—I paid for a pot of beer for them—I could not say how long we were there—we then walked round the town to show me about—we went down to Chelsea, to our
club-house, and they afterwards left me at the corner of Long-acre—I did not then go into Drury-lane; I walked round the shops to see where I should buy some clothing—I do not know what sort of a street Charles-street is—there was no one walking about there, only the two women—I had gone about twenty yards down Charles-street, when one caught hold of me—I could not resist, because I was taken unawares, and I did not know where I was—I had never seen any of these women before, nor had I spent any time with them in a public-house—I did not cry out, because I was frightened my life would be in danger—it was a table-knife that Cain put into my mouth cross-ways—it cut me, and I was bleeding—my face was covered with blood and with scratches—I did not say I was sorry when Galloway had her finger cut—she did not propose to go to the hospital immediately—she asked the other prisoner to go with her, and I said, "My lass, I will go too"—I was going with them, but intending to get them apprehended—they knew I was following—the policeman was standing on exactly the opposite side of the street—they crossed over a few steps higher up—I am quite sure the prisoners are the three women.
Coleman. All that man says is false.
Cain. I never saw that man until the 24th, Sunday night.
MR. COOPER Q. Cain was not taken until the next night? A. No; I was in Drury-lane on the opposite side of the street, I heard voices, and I recognised her voice—I then pointed her out to the officer—I am positive she is the person—there were two or three men with her—there was a light in the passage when this happened, and I could see their features distinctly.
GEORGE HARRIS (Policeman, F 58). At 11 o'clock at night, on the 23d of January, I was on duty in Drury-lane—I saw Galloway and Coleman cross the street from Short's-gardens; the prosecutor was behind about a pace; it might be a yard or two—as soon as they passed he said, "Policeman, I give these two women in charge; they have robbed me of fifteen shillings"—they could hear him—Galloway put her hand on to his arm and said, "Come along home, we know nothing of your money;" and Coleman said, "Why he has been treating us" the prosecutor denied it—he then showed me his trousers, and said the two pockets had been cut off down a passage, pointing across the road—I produce the trousers—they were rent at the side—the prosecutor was bleeding at the side of the mouth slightly, and there were fresh scratches on his face, and blood—Galloway had blood on both hands—another constable came up, and they were both taken into custody; the prosecutor said, "There was a third woman concerned, but I cannot see her now"—he did not then point out the house where this happened—the next night I saw him in Drury-lane—we went to the house—there were two passages very much alike, and he could not distinguish which it was—they were about forty yards down Charles-street—I met the prosecutor later that night standing at the corner of Charles-street; about 11 o'clock I saw several men and women coming out of the Marquis of Granby public-house—he pointed out Cain to me, and said, "This is the woman;" and then he said to Cain, "You recollect me last night?"—she said, "No; I was in Drury-lane play-house with my husband"—he said, "This is the woman; I could pick her out of a thousand"—I then took her into custody.
Cross-examined. Q. Do you know whether Galloway was searched at the station? A. She was; a key was found on her, but no money—I have been in the habit of seeing the prisoners in Drury-lane, and I knew their names.
MR. COOPER. Q. Have you known them to be always together? A. I have as companions.
Cross-examined. Q. During those years have you ever known anything against Galloway? A. Oh, yes; she has been in custody several times for felony, and always discharged.
COURT. Q. For larceny from the person? A. Yes; from drunken men, and old men—she was in custody on the 27th of May, 1857, for stealing a gold-ring from a female in Drury-lane, and was discharged, no complainant appearing; on the 24th of May, 1859, for stealing a pair of corduroy trousers, and discharged, no complainant; on the 12th of June, 1860, for stealing a purse and 1l. 1s. from Charles Wilcox, who was drunk, the same result; on 6th of February, 1861, for stealing a purse, same result; on 4th of October, for stealing a purse from another man in Drury-lane, same result; on 9th of April, 1863, for assaulting and robbing a man, with two others, same result—I have seen her several times of which I have not the dates.
Coleman's Defence. I have nothing to say, only what that man says is false.
Cain's Defence. I was never in that man's company, nor this woman either.
GUILTY .**†— Ten Years' Penal Servitude each.
MR. HORRY conducted the Prosecution.
SAMUEL CLARKE (Policeman, E 151). On the morning of 19th of January, at half-past 1, I was on duty in Broad-street, St. Giles, and heard a cry of "Police"—I ran across immediately—I saw the prosecutor on the ground, and seven men running away up Dudley-street—I saw the prisoner; I pursued him up the left-hand side, and he ran across down White Lion-street, and ran into the arms of another constable, who caught him—I returned to the spot where I left the prosecutor—he was very much excited, and this waistcoat was torn off his back—it was picked up from the ground, and identified by him—he had been drinking—I took the prisoner to the station-house, and another constable brought the prosecutor—he said he had been roughly handled, and he could not identify the prisoner—he said he had lost seven shillings and sixpence, which those ruffians took away.
WILLIAM WEST (Policeman, F 141). I was on duty in Broad-street, on the morning of 19th January, at half-past 1, and heard a cry of "Police"—I ran, and saw the prosecutor on the ground—several persons ran away, and when they got to the corner of Dudley-street one of them threw this waistcoat down—I followed the prisoner down Dudley-street, and he ran into another constable's arms—I am satisfied he is one of them—I kept my eye on him all the time—he ran down White Lion-street.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. Who made the cry of "stop thief?" A. We did—the prisoner was one of the parties at the waistcoat.
NOT GUILTY .
NEW COURT, Thursday, February 4th, 1864.
Before Mr. Recorder.
MR. DALEY conducted the Prosecution.
JEREMIAH MYERS . I live at Union-place, Limehouse—on 26th December the prisoner and four more, came into my place, and wanted to send out for some beer; I objected, and so did my wife—I afterwards went out for some beer, in order to get them to go quietly out of my place, and before much of it was drunk, the prisoner said that me and my brother could be bought for a shilling—after repeating that several times, he tried to throw me into into the fire, but found he could not, and my friends shoved him out into street—he challenged me to fight, but I was not let out—he then went away—I called at his place two nights afterwards, Monday the 28th, between 8 and 9 o'clock, but he was denied, and I went away—I had not gone very far when I heard a step, turned round, and saw the prisoner, who struck me on the eye with a piece of iron, which knocked me to the ground insensible—I knew nothing more till I found myself at home in bed next morning.
Cross-examined by MR. HORRY. Q. You went to his house? A. Yes, to see what he wanted to kill me for—I had a friend with me, Thomas Ward, who is here—I had called on my brother, but he was not with me—I thought I might find the prisoner sober when I went to his house, but he has the character of carrying bricks and stones in his pocket—I did not go there to get him out to fight with me—I only went there once that day—the friend who went with me did not go to his house on the Monday, and ask him to come out and fight with me, nor did I send anybody to ask him to fight with me—I hear that some man challenged him to fight me, but I cannot swear it—I never had any angry words with the prisoner.
MR. DALEY. Q. Have you known him fifteen years? A. Yes, and never quarrelled with him before—he asked me to do him a favour about six months ago, and I refused; that is the only quarrel he can have against me.
JURY. Q. Had you had any words with him before the blows were struck? A. No.
THOMAS WARD . I am a hammerman, and live at Union-place, West India-road—on 28th December I saw Myers go to Dunn's house, and turn back—Dunn then came out at his own back way into the street—he followed Myers, went behind him in the middle of the road, and struck him with a fire-brick; he threw the brick when he was between three or four yards from Myers—it struck him, and knocked him down stunned—I saw him picked up; he was altogether helpless, and had to be carried away—Dunn did not speak before the blow—this took place about six yards from Dunn's house—Dunn immediately turned back to his own house—I am sure it was Dunn; I knew him—it was a whole brick.
Cross-examined. Q. Did you go with Myers to Dunn to see him? A. I went, but I stopped within four yards of the door—we started from Myer's house, which may be a mile from Dunn's—nobody else was with us—I had not been with Myers to Dunn's house before that, nor do I know that anybody had—when we left Myer's brother's house he said to me, "I will go and see Dunn," and asked me to go with him—he did not say why—I knew that there had been a disturbance, but I did not see it.
BRIDGET MYERS . I am the prosecutor's wife—on 26th December the prisoner came with four others—one of them put out some money, and wanted a gallon of beer to come in—I objected to that, but told my husband to send out for a drop of beer to get shut of them, and he sent out for half a gallon—I did not want them there, as I had a friend at my house—after
that the prisoner said that both my husband and his brother could be bought for a shilling, or a pot of beer; my husband asked him what he meant by that, and he stood up, and caught hold of my husband—I said to the friends, "Separate them;"but the prisoner held him close, and ground his teeth—Dunn was then put out—on the 28th my husband was brought home injured, and I sent for a doctor.
Cross-examined. Q: Was the prisoner injured? A. I know nothing of it, but I saw him show his head to the Magistrate at Arbour-square—I did not say to anybody, "I know the prisoner had a wound"—I do not know where my husband had been that day; he will not drink—he has lost his sight.
WILLIAM JOE (Policeman, K 151). I took the prisoner—he said, "A lot of men came to my place last night, and I thought they were going to murder me—I went out the back way, came round to the front, and struck one of them."
WILLIAM GILES , M. R. C. S. I am a Licentiate of the Royal College of Edinburgh, and reside at Canton-place, Limehouse—I was requested by Dr. Nightingale to see the prosecutor, as he considered he was dying—he was sinking very fast, and erysipelas had set in over the wound—I could not examine the eye, it was so much swollen—he rallied under the use of stimulants, and when the swelling subsided, I discovered that the eye was cut right through; the humours had escaped, and the eye was lost—it had swollen as large as an egg—he was very ill, and was three weeks before we could leave him alone—I apprehend the lobe of the eye will have to be taken away. MR. HORRY called
CATHERINE BARRETT . I am the wife of Bartholemew Barrett; and live in the house Dunn lives in—on boxing-night the prosecutor and his brother came there, and asked if Dunn was in—I said, "No; "but he was in, and was going to bed drunk—some one called on the Sunday, and knocked at at the door—Dunn went down out of bed, and asked them what they wanted—on the Monday Ward and Myers came; Myers knocked a doubleknock at the door, and asked for Dunn—I did not answer him, it was Alice Brown—Dunn was in my room; he did not go out then; he did afterwards, and hit Mr. Myers.
ALICE BROWN . I am the wife of Michael Brown, and live in the same house as the prisoner—on Sunday evening, the 27th, I heard a doubleknock, but saw no one—on Monday evening Myers and Ward came to the door—the young man who was with Myers struck him—I saw Dunn strike Myers once, but that was after Myers had been struck.
GUILTY .— Confined Eighteen Months.
262. REBECCA PORTER (27) , was charged on the Coroner's Inquisition only, with the wilful murder of her male child. The Grand Jury having ignored the bill for murder, MR. PLATT for the prosecution offered no evidence.
NOT GUILTY .
MR. PLATT conducted the Prosecution and MR. ORRIDGE the Defence.
NOT GUILTY .
MR. DALEY conducted the Prosecution.
CATHERINE MAHONEY . I live in the same house as the prisoner, and sleep with his daughters—on 27th December, about 7 in the morning, I was in his room dressing myself—there was no light there—he was beating his wife in bed—he jumped out of bed in his shirt, caught hold of me, put one hand on my hair, and drew something across my throat which cut me—I said, "Mr. Ford, it is me, "and then he let me go—I put my hand up, and found blood coming—I hallooed out, "Sister," and my brother-in-law came instead of her, and took me down stairs—I was taken to the hospital, and was there four weeks—I had had no quarrel with the prisoner; he is blind with one eye—he was sober, but had been drinking the night before.
ROBERT THIMBLELEY (Policeman, K 119). On 27th December, about half-past 7, I was called to 5, Burton-entry, Stepney, and found Catherine Mahoney bleeding from a cut in her throat—she said, in the prisoner's presence, that he had stabbed her with a knife—he was quite sober—I asked him where the knife was; he was then sitting on the side of the bed, and said, "It was not done with a knife at all"—I searched the room, and concealed at the bottom of a box containing a small bag of flour, a small bag of meal, and some wearing apparel, I found this razor covered with blood—I asked him if it belonged to him, and he said, "Yes"—his wife was taken out of the room by the brother-in-law of the prisoner.
GEORGE KING . I am surgeon to the London Hospital—on 27th December Catherine Mahoney was brought there, and I found an incised wound on the left side of her neck three or four inches long, penetrating through the skin, which was quite loose from the tissues, but it was not a deep wound—she was in the hospital about a month, and is now quite recovered—it will not inflict any permanent injury—there was not much loss of blood, but it was some time before it healed—some small vessels were cut; it was behind the larger vessels.
JURY to CATHERINE MAHONEY. Q. Do you know how long they had been quarrelling? A. No—I was dressing in the room in which they slept—his wife cried out, "Mercy, help!" and my brother-in-law took her down stairs—the prisoner then jumped out of bed in his shirt—he went to bed drunk the night before.
GUILTY.**— Three Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
JOHN LIGHTFOOT . I am a seaman, and drive a steam-crane on board a ship called the Wanspeck—I knew George Carter, who is dead; he worked on board as a lumper—the prisoner is a lighterman—on Friday, 6th December, about 11 o'clock, we finished loading the barge from the Wanspeck, which was at Sunderland-wharf, near the Thames-tunnel—when the lighter was loaded, I went to the other side of the deck, and when I came round again I heard the prisoner and Carter quarrelling in the lighter, and said, "For God's sake, men, knock off, and let us get on with the work, and get home"—they did not leave off—two or three of them were in the hatches of the lighter, and Carter left the prisoner, as if he was coming up the ship's side, and with that the prisoner came up to the deceased, they got quarrelling, and got entangled together, and went overboard together—I said, "Knock off"once or twice—I did not see any blows struck, but they laid hold of one another.
COURT. Q. Who laid hold of the other first? A. I cannot say—they were wrestling when they were entangled together—the prisoner was drunk,
Carter was sober—another ligherman put a boat-hook over and caught hold of Symms; but Carter, through the tide going down, went away—two men jumped into the ship's boat, and went under the bows, but could not catch him, and he was drowned—it was rather dark.
Cross-examined by MR. LANGFORD. Q. Was it very dark? A. Rather; it was about 11 o'clock—it was all done momentarily, so that we could not comment upon anything.
THOMAS NEALE . I live at 4, Red Lion-place, Wapping—I was in the lighter, and saw the prisoner come on board; he was drunk—the deceased was there; he was sober—they were in the head-sheets, and I saw Symms hit him one or two slight tips in the breast, and they got tangled and went overboard between the ship and the barge—Carter had his back against the ship's side, on the barge—the prisoner touched him first.
Cross-examined. Q. Was it all the work of a moment? A. Yes.
NOT GUILTY .
MR. PALMER conducted the Prosecution.
ALFRED BROWN (a black). I was steward of the Lady Eyre—on the morning of the 18th November, we were between St. Helena and the Cape, and the captain sent me to get a cup of tea for him and his lady—I got it, and was then told to go and give the chief officer a cup of coffee—I went and asked the prisoner for it—he was the cook—he told me to take the coffee myself—I said, "It is not my place to take the coffee"—a dispute arose between us, and he struck me first a back-handed blow on the forehead with the handle of a knife, and I struck him with my fist—he was peeling onions for breakfast—the mate had taken his coffee, and was gone from the galley, but he returned and parted us, and I was ordered to go an to my duty—I went to the cabin, and then went back to the galley, about my breakfast, and we began to have words—I said, "You know very well it was not a fitting cup of coffee to give to the chief officer; "and said, "You audacious fellow! how dare you treat me in that way! I have treated you as a gentleman;" and I picked up the empty water-bucket, pitched it at him, and went away—I intended to hit him with the water, but the bucket went out of my hand—he then threw a knife at me, which struck me in the shoulder and wounded me.
Prisoner. I raised my arm up quick when he threw the water, and the knife slipped; I did not intend to cut him—I did not mean the knife to go out of my hand.
COURT. Q. I understood you he threw the knife at you? A. No, it did not leave his hand; he threw out his hand—I did not think he was coming after me after I threw the bucket; I thought it was all done with—he followed me out of the galley—it was not at the time I threw the bucket at him that he struck me with the knife—it was about two minutes afterwards—when I ran, the master and chief mate met him coming after me, and stopped him, and took the knife out of his hand—he did not lift up his hand to defend himself and strike me by accident—I was outside, and he inside, and he followed me.
THOMAS PATCHING . I am captain of the ship Lady Eyre—on 18th November we were rounding the Cape—I sent the steward for some tea, and told him to get some coffee for the mate—some time afterwards I saw the prisoner on deck running after the prosecutor with a large knife (produced)
—I went forwards and cried to the steward to look out, but before I could assist him the prisoner had inflicted a wound—when I first saw the prisoner running after the steward, he had the knife in this position (With the handle reversed)—I and the chief officer seized him, and had a job to take it from him—I then put him in irons, dressed the prosecutor's wounds, and he was laid up—this is a certificate of the ship's register (By this it appeared that the ship teas British-built, that ten of the shareholders resided in Liverpool, and that the master had twelve shares.)
COURT. Q. Are you a British subject? A. Yes; I was born in Suffolk—Samuel and James Gardiner, of Liverpool, are also shareholders—they are British subjects—I put the prisoner in irons from 18th November till my arrival, which was on 13th January—I should not have done so if he had not made use of threatening language—I did not think it was safe to let him out, in consequence of the threats he used.
EDWARD WILLIAMS . I am chief mate of the ship Lady Eyre—on the morning of 18th November I saw the prosecutor and prisoner in the galley wrangling and fighting—I went and separated them—the cook had a knife, and the steward a peas-beater—I saw the steward fall back after he had received the wound, but did not see it struck—I wrenched the knife out of the cook's hand—the wound was on the left shoulder; there was a deal of blood—it was sewn up by me with the captain's assistance—it was very deep, and must have gone to the bone.
Prisoner. I had the knife in my hand; I did not intend to cut him, but it went too quick.
JOHN TOWNSEND (Thames Police-inspector). On 15th January the prisoner was given into my charge by Captain Patching—I told him I was going to take him for cutting and wounding the steward—he said, "Yes, I did."
JOHN BROWN Ross, M. R. C. S. On 15th January I examined the prosecutor at the police-court, and found the cicatrices of a wound on the top of his left shoulder, about an inch and a half long—there has been no exfoliation of the bone, nor will there be.
Prisoner's Defence. I did not intend to do it, and I am very sorry for what I have done. He buckets my head first, and I was going too quick after him with the knife, to frighten him.
GUILTY of unlawfully wounding.—Strongly recommended to mercy by the Jury, considering he was acting under considerable provocation. — Confined Three Months.
MR. GARTH conducted the Prosecution.
GEORGE RILEY . I am a commission-waiter at the Britannia theatre—on Christmas-eve I went to the St. Giles's Music-hall, and went into the skittleground, with my brother and four friends—while I went to a convenience there, my brother made a bet of skittles; he threw down a penny, and made a bet with the prisoner, who won the bet, but could not find the penny—he used language which my brother told him he ought to be ashamed of—he then began abusing me, and shoved his head in my face—I shoved him away—he passed by two or three men and stabbed me—I was treated by a doctor—the wound discharges now, and I cannot use my arm.
Prisoner. You struck me first. Witness. Not before you insulted me, and then I shoved you away with my open hand—my brother did not strike you.
Fourth Session, 1863—64. 311
THOMAS FREDERICK RILEY . I am a brother of the last witness—I had two penny bets with the prisoner—I threw a penny on the floor, but he disputed it, abused me, and called me such filthy names that my brother told him he ought to be ashamed of himself—he then began blackguarding my brother, and shoving his head into his face—he then went round two or three people, put his hand into his pocket, opened a knife, darted past my left arm, and my brother called out that he was stabbed—I am certain my brother had only shoved him—he then went some steps backwards—I went to seize him, and he made a stab at me with the bloody knife—I was so frightened that I went back a step or two, and he put it in his pocket, rubbed it up and down, to rub the blood off, and then threw it to the other end of the skittle-ground—I picked it up, put it in my pocket, and seized him—there was a little blood on it when I picked it up, but I drew my finger over it and shut it up—I did not strike the prisoner.
Prisoner. Q. You are the one who did strike me before I said anything to you? A. No.
GERRARD RAWES . I am waiter at this ground—after this dispute had arisen, the prisoner used very bad language, and shoved his head in the prosecutor's face, who shoved him away—it was a shove, not a blow—the prisoner then went back three or four yards, put his hand in his left-hand trousers pocket, pulled out a shut-up knife, and opened it—I caught hold of his left arm and said, "Don't be a fool, "but he got away from me, rushed past two or three people, stabbed the prosecutor, and threw the knife away—the prosecutor said, "I am stabbed"—the prisoner said, "Yes, and God blind me I will again"—they had been drinking and smoking all the evening, but were perfectly sober—the prisoner had been playing at skittles for several hours.
Prisoner. He is committing perjury; it is not the truth he is speaking. Witness. I am speaking the truth.
FREDERICK ELLIOTT . I am a hatter, of Windsor-street, City-road—I was playing at skittles, there was a dispute about a penny, they had some hard words together, and the prosecutor told the prisoner he ought to be ashamed of his language—the prisoner put his face near the prosecutor, and the prosecutor gave him a shove, like this; it was not a hard blow—I should think it was with his fist, but I was on the opposite side—the prisoner went back, and then made a rush at the prosecutor, who sung out that he was stabbed—there was no time lost between the push and the stab; it was done momentarily.
COURT. Q. Did you hear any expression afterwards? A. No, because I ran out to find a policeman.
JOHN ROWLAND POTTLE . I am a surgeon—the prosecutor was brought to my surgery on Christmas-eve, in a state of collapse—I opened his waistcoat, and found his under clothing saturated with blood—I found a wound immediately below the left clavicle, penetrating between the first and second ribs to the lobe of the lungs; penetrating the lung—blood and air were coming from the wound—he lost, in my presence, somewhere about two quarts of blood—the wound was about three-quarters of an inch long, and at least two inches deep—it was such a wound as would be caused by a knife—he was very exhausted—I was obliged to exhibit stimulants to him in my surgery for some hours—if he had not been brought to a surgeon it would have been very serious, and might have been fatal—he was in danger from collapse, and also from the lung being penetrated, and remained so for about a fortnight—he still suffers, but will not do so ultimately.
Prisoner's Defence. It was with his fist he struck me, and caused my lip to bleed, and his brother struck me also; the prosecutor's brother, in his evidence at the Police-court, stated that I was bleeding from the mouth, and therefore it was not a very slight blow: it caused me to reel again.
GUILTY .— Three Years' Penal Servitude.
THIRD COURT.—Thursday, February 4th, 1864.
Before Mr. Common Serjeant.
MR. DALEY conducted the Prosecution.
CHARLES PAVELY . I keep the Swan hotel, New-street, Covent-garden—I have known the prisoner four or five years as a respectable man, in a good position—in December last, he asked me to lend him 15l., which I did—on 23d January, a woman came and brought me this letter—I have seen the prisoner's handwriting several times—the letter contained this cheque; both the letter and cheque are in the prisoner's hand-writing—I know him by the name of England and Peyton—England is only a nickname—he is known as "Peyton"—I gave the woman two 5l. notes and 5l. in gold, deducting the 15l. which he owed me (letter read:" 23d January.—Dear sir, I inclose you my draft on Glyn, Mills, and Co. for 30l. which please cash and hand the bearer 15l., 5l. gold. This will square accounts between us I believe, which I would have done before, but severe illness and other causes have prevented, and this is written in bed. I trust, however, to be in your neighbourhood at the commencement of the week. I am, yours truly, P. PEYTON," The Cottage,' Park-village, West."—he was not living at Park-village at that time; he had left—(Cheque read: "Drawn by P. Peyton, on Glyn, Mills, and Co., Lombard-street, pay to self or bearer 30l., 23d January, 1864."—I paid that cheque away, within an hour after I received it, to a Mr. Gale, a cheesemonger—I owed him 24l. 8s. for cheese—I afterwards ascertained that that cheque was not paid—I subsequently saw the prisoner at a lodging-house in Cecil-street, Strand—I spoke to him about the cheque and said I had been a very good friend to him, and he had behaved very badly to me, but if he would go with me, his friends would pay it for him—after a little time he said his friends would not pay a farthing; he must take the consequence—I received this letter, in the prisoner's handwriting Read: "Monday.—Dear Sir, Be pleased to withhold my cheque till Wednesday morning, as I just find that a considerable sum which should have been paid to my credit on Saturday, has not been paid. I have, however, made arrangements that all claims should be be met on Wednesday. I am, yours truly, P. PEYTON."
Prisoner. Q. Have you always found me to behave honourably before? A. Yes; always.
EMILY HAYES . In January last, I received a letter from the prisoner, and took it to Mr. Pavely—I don't know the letter or the contents—Mr. Pavely gave me two 5l. notes and five sovereigns—I brought the money back and gave it to the prisoner.
Prisoner. Q. You didn't give me the money, you discharged the payment for the lodgings? A. I gave the two 5l. notes to the landlady of the house, and the five sovereigns we kept.
Prisoner. This is not a case of forgery; I acknowledge that I got the money from Mr. Pavely under false pretences.
GUILTY .— Confined Four Months.
MR. COLLINS conducted the Prosecution.
JOHN TATHAM . I am an iron plate worker at 16, Gibraltar-walk, Bethnal-green—on the evening of Christmas-day, I went into my front room, on the first-floor, about 10 o'clock—the window of that room is about ten feet from the ground—I noticed that it was fastened in the usual way, and the looking-glass stood upon the drawers—about 11 o'clock that night, I heard my little girl scream, outside, and then heard something fall on the cellar-flap outside—I went to the door, and saw the witness Pinnett standing in the middle of the road, opposite the house, and saw the window open—I afterwards went up to the first-floor front, and found the looking-glass moved off the drawers on to the bed, and the top drawer open—I did not miss anything—the drawers could be reached from the window without getting into the room—I know the prisoner—he has worked for two or three days together for me; when I have been busy—he knew my premises—he had never been in this room.
Prisoner. Q. Did you see me near your place at all? A. No—I don't know where you live.
JOSEPH PINNETT . I live with my parents 3, Queen's Arms-place, Gibraltar-walk—I was in Gibraltar-walk on Christmas night, about 11 o'clock, going the Gibraltar for a pot of beer for my uncle, and I saw the prisoner lifting another one up to the window of Mr. Tatham's house, and when I came out with the pot of beer, the other one was almost in the room; his knees were on the window-sill—I was standing in the middle of the road—I heard a girl scream, and when they heard that, the one dropped down, and both ran up Gibralatr-walk.
Prisoner. Q. Did you see me near the place? A. Yes—I saw your face—you had corduroy trousers on—all I noticed was your face.
COURT. Q. Did you know him before? A. Yes; he lived over the way, near me—his yard is at the back, opposite our window.
SARAH TATHAM , I am the prosecutor's daughter, and live with him—on Christmas night, I was sent out to get some beer, about 11 o'clock—as I came back I saw my father's window open—I screamed out, and ran into the middle of the road—I then saw the prisoner and another one running up the walk—I had known the prisoner before—I am quite sure it was he.
Prisoner. Q. Did not you state, when the Magistrate asked you, that you saw twelve of us run up the walk? A. I said about 12, but not of you; there were others in the walk, but there were only two of you—several others ran away—I did not say before that you walked up the walk.
ADAM LANGLEY (Policeman, H 93). I took the prisoner into custody on 2d January, in Gibraltar-walk, and told him what he was charged with—he said he understood it was for something at Mr. Glover's, but he had been
there, and he did not know anything about it—I said, "No, it is not; it is Mr. Tatham's; breaking into his house on Christmas night"—he said, "I was in the Bird-cage public-house till 11 o'clock"—that is about 100 yards from the prosecutor's—he then said, "I went for a walk through Gibraltar-walk, after leaving the public-house, into Whitechapel.
Prisoner. Q. When you took me to the station, did you not sit me down between five constables and a navy, and two other policemen? A. There were two policemen in plain clothes, but there were three others besides them—the boy came to pick you out—they were all grown up—they looked as old as you are—I had been looking for you from Christmas up to the time I took you.
Prisoner's Defences I am innocent of the crime I am charged with; my witnesses, I think, are here, and I will prove where I was.
Witnesses for the Defence.
BETSY BROWN . I am single, and am sixteen years old—I live at 31, Nelson-street, Boundary-street, Cock-lane—I know the prisoner—I was with him on Christmas evening, from 8 till half-past 12—we took a walk round Whitechapel, and then went to the Bird-cage public-house, Gibraltar-walk—we stayed there till the house closed, and then went down Charles-street to Cock-lane—he saw me home—I am not sure whether I saw him the next day, or the next, or the next—I don't think I saw him again until he was in custody; a young girl told me, when I was at work, that William Gullings was taken on suspicion of breaking into Mr. Tatham's house—I knew that was false, because he was with me—I gave my evidence before the Magistrate.
Cross-examined by MR. COLLINS. Q. What are you? A. A box-maker—I have no father—I live with my mother; it was rather late for me to be out, but it was holiday time—we were taking a walk, and in a friend's house from 8 till half-past 12—the Bird-cage public-house is not a great way from the prosecutor's—it closed about 11, and we then took a walk round the Hackney-road, and home—I don't remember going through Gibraltar-walk—I have known the prisoner three or four years, and seen him pretty near every night—I had seen him the day before this—I did not see him afterwards till he was in custody—I did not see him all through September, because, I believe, he was in custody then—James Price, Mary Hunt, and Henry Smith were with us that night; we all four walked together—Mary Hunt is not here—I don't remember seeing William Gulley, 97 H, that night—we went to the Bird-cage about 10, or a little after—James Price was not with us all the time—he left us, and met us again at the Bird-cage, and then went for another walk with us—he is not here—we stood outside the Bird-cage for two or three minutes after it closed, talking to Henry Smith—I am quite sure I was with the prisoner the whole of the time, from 8 o'clock till half-past 12.
HENRY SMITH . I live at 10, Friar's-mount, and am a licensed hawker—I have known the prisoner for years—I saw him about 10 o'clock on Christmas night at the Bird-cage public-house—I was in his company about an hour in that house—I then wished him good night, and left him outside the door with two or three others—they were men about twenty or twenty-five years of age; that is all I know.
Cross-examined by MR. COLLINS. Q. You left him within two or three steps of Gibraltar-walk? A. Yes; I believe from the Bird-cage public-house to Bethnal-green is Gibraltar-walk.
MR. COLLINS called
was on duty in Austin-street, Bethnal-green, a quarter of a mile from Gibraltar-walk—I saw the prisoner, and another one, about ten minutes to 12; there was no female with him at all.
GUILTY .*†— Confined Twelve Months.
Confined Three Months.
MR. OPPENHEIM conducted the Prosecution and MR. LANGFORD the Defence.
The prisoner received a good character.—
NOT GUILTY .
FOURTH COURT.—Thursday, February 4th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. METCALFE conducted the Prosecution.
EDWARD HANCOCK . I am a detective officer of the City-police—On Saturday, 23d January, in consequence of information, I was watching the premises of Messrs. Herring, wholesale druggists, of 40, Aldersgate-street—about 4 o'clock in the afternoon, I saw the prisoner leave the premises, carrying a parcel wrapped up in this handkerchief—Halford and I followed him to 29, Glasshouse-yard, where he lives—we watched the house till half-past 5, when he left, accompanied by his little boy—he was carrying a paper parcel—we followed him to 33, Great St. Andrew-street, Seven Dials, which is a wholesale confectioner's—we waited outside some minutes—the prisoner looked in the window two or three times, and then went in—I afterwards went into the shop, and found him in the parlour with two women—I said to one of the women, in the prisoner's presence, "Where are the things you have bought of this man?"—she got up, and went into the shop and gave me two bottles of olive-oil and a packet of cream of tartar—she said, "I hope there is nothing wrong; I have bought them of this man; he told me he was allowed to buy at wholesale prices to sell again, and I thought I was doing good for him"—the prisoner said, "That is true"—I then said, "How do you account for these articles?"—he said, "I am employed at Herring's; the oil is drippings from bottles; I am bottle-washer"—I asked him to account for the cream of tartar—he said "It was given to me by Mr. Jennings"—I said, "You have been here for some time"—he said, "No; I have not"—I said, "If not you, your children have been here"—he said, "Yes"—I asked him what he had sent on the Saturday night previous—he made no answer—I asked the woman, Mrs. Pearson—she said, "A bottle of oil, and a little cream of tartar"—I told him I should take him into custody, and I did so—shortly after Halford produced a large quantity of bottles—Sharp was present—I said to Sharp, "I am told all these bottles were brought here by the prisoner—Sharp said, "Yes"—the prisoner made no remark—I asked how long he had been in the habit of coming here—Sharp said for six months—the prisoner made no remark on that—on the way to the station in a cab, I said to him, "That man says you have been dealing there for six months"—he said, "Well it may be; I have a wife and large family,
and my wages are very small"—I searched the place afterwards, and found eight bottles, the property of the prosecutor.
Cross-examined. Q. Was the shop lighted up? A. Yes; it has a large window with sweet-stuff in it.
RICHARD HALFORD (City-policeman, 496). I was with Hancock, and followed the prisoner, who had a parcel, to Great St. Andrew-street, Seven Dials—the prisoner stayed outside about five minutes—he peeped in three times, and then went in—I saw him untie a parcel, and take from it two bottles of oil, and hand them to Mrs. Pearson, who put them on a shelf behind some large glasses, so that they could not be seen—the prisoner then took from the parcel some cream of tartar, which Mrs. Pearson put into the scale, and weighed—she then put that underneath a shelf, out of sight—she then counted some money, some silver, and gave to the prisoner—I then spoke to Hancock, and we both went in, and found the prisoner in the parlour with Mrs. Pearson, having some beer—Hancock asked Mrs. Pearson what the prisoner had brought—she said two bottles of oil, and a parcel containing cream of tartar—he asked where it was—she said on the shelf—I went into the shop with her—she pointed to a shelf where the oil was—I took it off the shelf, and took possession of the parcel also—I then left the prisoner with Hancock in the parlour, and went out into a back yard, where I met Mrs. Sharp—I went into the cellar; the gas was turned out—I got a light, and found seventy-five empty bottles which have been identified—I searched the prisoner at the station—found on him 3s. 3 1/2d.—he said he had received that from Mrs. Pearson, except a penny—Mrs. Pearson said she gave ninepence a bottle for the oil, and a shilling a pound for the cream of tartar.
MARY ANN SHARP . I am shopwoman to Mr. Pearson—I have known the prisoner for five or six years, and coming to the shop all that time—I left there six weeks before Christmas—the Saturday night before I left, the prisoner brought two parcels containing some tartaric acid and cream of tartar, and a bottle of oil—he usually came on a Saturday—his children came in the week-time.
HENRY STAFFELL . I am in the employment of Messrs. Herring and Co.—the prisoner was in their employment as bottle-washer—he was there before me—I have been there six or seven years—his wages were eighteen or nineteen shillings a week—this oil is similar to what we have in stock—I saw the bottles at the station, and recognised them—the prisoner had no business to take oil in bottles that size—he may have asked for oil, and got it, but not more than four ounces, and only two or three times during seven years—he has not got oil from me within six months.
Cross-examined. Q. Can you swear to either of those bottles being your masters'? A. No.
WILLIAM JENNINGS . I am in the prosecutor's employment—we have a large quantity of cream of tartar in stock—we grind it a little finer than other houses—this produced is finer ground than the trade grind it—the prisoner has asked me for a little cream of tartar, and being busy, I told him to take a little, about two ounces—he asked six or eight months ago.
Cross-examined. Q. How long have you been in the trade? A. Twelve years.
JOHN DAVIES WHITE . I am a clerk in the prosecutor's employ—I receive money—any of our men who buy things pay me—the prisoner has bought mustard and pepper and alum—last August, he bought some mustard.
Fourth Session, 1863—64. 317
Cross-examined. Q. Have you heard of such things as drippings of oil? A. Yes.
GUILTY .— Four Years' Penal Servitude.
The prosecutor stated that this had been going on for eight years.
MR. OPPENHEIM conducted the Prosecution.
GUILTY on the Second Count. — Confined Twelve Months.
The following case was omitted from the Third Court, Thursday:—
Before Mr. Common Serjeant.
MR. GREENOAK conducted the Prosecution.
JOHN SHARP . I am a warehouseman in the employment of Cook, Son, and Co., of St. Paul's Churchyard—on 8th January, I saw the prisoner, between half-past 4 and a quarter to 5, go up the back stairs of our ware-house in Little Carter-lane—I was in the warehouse at the time—he took from under the counter this piece of goods (produced), put it on his shoulder, and went into the street—I followed him some ten yards up the street, and then asked him what he was going to do with it—he said some gentleman had sent him for it—he then threw it on my head, and tried to get away, but I had hold of him—I threw him on the ground, and he asked forgiveness, and said I was hurting him—I then let him get up, led him into the warehouse, and he was given into custody—it is Cook, Son, and Co's property.
Prisoner's Defence. I was walking through Little Carter-lane, and I felt a touch on my shoulder, and a gentleman asked me if I would mind doing a little job for him. I said, "No. "We went up stairs, and he gave me this bundle. I said, "Where am I to take this?" He said, "Come along, and I will tell you. "Just as we got out of the warehouse, Sharp came out and stopped me, and asked me where I was going to take it I said, "I really don't know," and he took me in custody.
GUILTY .—An officer from the City Prison proved eight summary convictions against the prisoner.— Confined Fifteen Months.
NEW COURT.—Friday, February 5th, 1864.
Before Mr. Recorder.
276. MATTHEW CHARTERS (25) , Stealing 2 leather bags, 30 gold chains, 72 locket, 100 breast-pins, and other articles, value 200l., the property of Sidney Cherrill, in his dwelling-house; Second Count, charging WILLIAM BALE CLARK (40), HANNAH ANN CLARK CHARLES CULLINGWORTH (47), FREDERICK LEVIN (43), and the said MATTHEW CHARTERS, with feloniously receiving the said 2 leather bags, 30 gold chains, and other articles, well knowing them to have been stolen.
CHARTERS PLEADED GUILTY, also to having been before convicted in September, 1861.
MESSRS. TINDAL ATKINSON and HAWTHORN conducted the Prosecution.
JAMES WILLIAM ENGLISH . I live at 6, Newcastle-place, in the parish of St. James, Clerkenwell, and am son-in-law and manager to Mr. Cherrill, a wholesale jeweller there—in the beginning of September, a boy named Conolly was one of our apprentices—he left on 4th September, and after he left, I missed two bags of jewellery off the counter in the office—he had access to them—it was his duty to lock up the counting-house—there were gold chains, brooches, ear-rings, lockets, and rings, value about 300l.—Conolly surrendered, and was convicted—he is now undergoing his sentence—I have seen some of the property since.
Cross-examined by MR. WHARTON. Q. Were the chains of different value? A. They were all one quality, nine carat.
JOSEPH CONOLLY . I am eighteen years old—I am suffering imprisonment for this offence—I was in Mr. Cherrill's service—I took two bags of jewellery from there, and took them to a public-house in Whitechapel, with Charters, who parted with two chains, a key, a locket, and some ear-rings—I then went with him to a coffee-shop opposite, where we slept and had the jewellery in the room—next morning we went to Levin's house in Mill-lane, Deptford—Levin has also another place there, a picture-frame shop in the Broadway—the house in Mill-lane was a lodging-house; there were bed-rooms in it—the bags were torn up when we went there, and Charters carried the jewellery in a handkerchief—when we got to Mill-lane we saw several people sitting there, and Charters' woman who was living with him, asked him whether they had got a lodging—that was Richardson; she went with us, and I saw Levin, but nothing took place that night—this was Saturday—on the Monday night Charters sold Levin a pair of emerald earrings for 10s. which were worth two guineas, in the presence of Richardson's wife and myself—the bundle was at that time up stairs—I cannot tell whether Levin saw it, but he asked Charters what he had got—he said that he had got some things—Levin asked him whether they had come from town or London—"Town" is Deptford—Charters made no answer—Levin then said he had got a brother-in-law at Brighton, who would buy the jewellery if he could not sell them in London—the money was not paid; Levin said that he would give it to him by and by—on the Sunday night before this Monday, I went with Charters to Clark, who lives two or three doors from the corner of Dunk-street, Whitechapel—it is a private house—we knocked at the door, and went into the front parlour; it was between 8 and 9 in the evening—it is a sitting-room—Mr. and Mrs. Clark were there—Charters produced six Alberts and three guard chains from his pocket, which had
come from Mr. Cherrill's, and said he had got soma nice things to tell—Clark asked him to let him look at them, and said that he would give him 32s. 6d. an ounce for them—they were weighed—Charters said he had got some more, and Clark asked him to bring them there, which he said he would on Monday night about the same time—I went and sold him the remainder of the chains, at the same price—they were weighed and sold for 50l.—Clark paid him 30l. that night—Clark asked him where they came from—Charters said, "From the City; I have left the boy at home"—Clark said, "That's right, don't bring him here, so as he won't know the house"—I went on the Tuesday, between 8 and 9, and sold him some coloured gold ear-rings, and some pins belonging to Mr. Cherrill, part of what I had taken—I went every night up to the following Monday night—it began on Sunday, and Monday week was the last time we went with the goods—Charters received about 90l. altogether—the ear-rings and pins, brooches and lockets were not sold by weight—Mr. Clark said he would buy a lot of keys to attach to the Alberts so that they should not be known, because the Alberts had no keys—the sale took place by candle light—the outside shutters were sometimes closed when I went there, and sometimes when we went there he would close them—I went backwards and forwards to Levin—Clark's wife was in the parlour at the time the goods were sold—when Levin told Charters that he had a brother-in-law at Brighton who would buy the jewellery, Charters said that he did not want him, he had plenty of men in London who would buy, and he had a man in London who would buy any amount—on the Monday when he sold him the ear-rings, Charters gave Levin a seal and key and a turquoise pin; they came from Mr. Cherrill's—I remained at Levin's a fortnight, and when I left I went to New Norfolk-street, Commercial-road, and stopped another week with Charters—after that I went home and surrendered myself—I am now suffering imprisonment—on the Thursday, the day after I left Levin's, I went with Charters, and he asked Levin for the jewellery and money—Levin said that he had thrown it over the bridge—Charters said, "You don't mean to tell me that you have thrown 160l. worth of stuff and 32l. 10s. away—after a good deal of talking, he gave him 32l. 10s. and offered him 50l. for the goods—he said he had not got them, he had thrown them over the bridge—I never saw Mr. Cherrill's goods again after that.
Cross-examined by MR. WARTON. Q. I suppose you stole these things? A. Yes—I gave them to Charters—he told me to do it and nobody else—he promised to take me into the country and give me plenty of money, but he did not do so—he gave me a few shillings now and then; I did not have much—I stole property from my master to the amount of 300l. for a few shillings—Charters gave me something to drink before I did it—I knew it was wrong at the time I took them—I was brought here to-day by orders—I first offered to give evidence against these persons when I gave myself up—it was from penitence; I felt sorry for what I had done, not that I had not been taken into the country, nor that I could not get the money from Charters—I never saw Clark with either Levin or Cullingworth; the only time I saw him was at his house in the way I speak—about forty chains were sold by weight by Charters to Clark at 32s. 6d. per ounce—I cannot say how much they weighed, because there were some keys sold with them—I do not know the value of gold per ounce—the 50l. of which 30l. was paid down, was calculated at 32s. 6d. per ounce—I have no idea how many ounces there were—I think the chains weighed three-quarters of an ounce apiece.
SUSANNAH WELCH . I am the wife of John Welch—I passed by the name of Eliza Richardson before I was married—I live at 2, Cambridge-street, York-street, Bethnal-green—I know Charters, Levin, and Conolly—in the beginning of September I took Charters and Conolly to Levin's house in Deptford—I lived there with Charters, who gave me a quantity of jewellery there—I gave it to Levin's wife on Tuesday night with 32l. 10s. in money—he was not present—there was a considerable quantity of jewellery of all kinds—Levin took the three men and gave them something to drink—I do not think we were at Levin's house a fortnight—this was three days or a week after we went there—about half or three-quarters of an hour afterwards, I told Levin in my room that I had taken the things to Mrs. Levin's house in the Broadway, Deptford, and given them to her, and likewise the money—that is the picture-frame shop—I did not mention the amount—he told me to keep myself calm, that the men were three detectives, and he bad taken them and given them something to drink at a public-house—this was on the Tuesday night—I saw him again next morning—I went to his wife first, and then to Levin and asked him if he would be so kind as to give me things and the money—I was about to leave his house—he told me he had thrown them over the bridge—I asked him to give me the money, and he said that he had thrown that over the bridge too; that he was frightened to keep them by him as the detectives were watching him and I was to make baste away, as they were after me—Conolly lived with me and Charters at Levin's house, up to the Wednesday morning I left.
Cross-examined by MR. LEWIS. Q. You were aware of the robbery, I suppose? A. I was not at the time—I became aware of it before I went to Levin's—I was aware of the property being disposed of—I do not pretend to be an honest woman, but I never stole anything.
MR. ATKINSON. Q. Did you know anything of this till the things were brought to Levin's house, where you were living with Charters? A. No.
MATTHEW CHARTERS (the prisoner). I remember taking this jewellery with the boy Conolly—on the night he brought it we slept at the Moon coffeeshop, Whitechapel—next morning we went to Levin's house at Deptford—the jewellery was taken in a pillow-case—Levin has two lodging-houses and a picture-frame place as well—I believe Eliza Williams or Richardson took the pillow-case—there were ear-rings, pins, and one chain—she goes by the names of Richardson and Welch—she took it to a little two-roomed cottage—I was not there that night, I was coming to London with Conolly—it was at Levin's house when I went there—I went home again from London that night between 11 and 12 o'clock—the door was open, and Eliza Richardson and one of Levin's lodgers were at the fire—I said, "What is the matter?" seeing a young fellow there who was never there before—she said, "Do not be frightened, the policeman has been here"—I said, "What policeman?" she said, "Three policemen; and I took the things over to Levin's house, and it is all right; we had better not sleep here to-night, but go to London—we went to Waterloo-road, and slept at a coffee-shop—Conolly slept at Levin's house with one of the lodgers—I did not see Levin; he was not in the room—next morning I went down to Levin's for the things; Levin and this Mike and his son were standing in the room—I said, "Now, Levin, what about those things?"—he said, "What things?"—I said, "Those things which you had last night, and the money"—he said, "I do not know anything about them; I do not know what it is"—I said, "You know very well what it is; that jewellery that I opened before you, and gave you a gold pin out of it, and a gold key, and sold you a gold ear-ring for your
mistress"—he said, "I have thrown them over the river, and I do not know anything about them"—I said, "Do you intend to give me those things or not, and do you intend to give me the money?"—he said, "I do not know whether there is money or not"—I said to Conolly, "You go and fetch a policeman"—Levin said, "Go on, go and get one"—Levin's son said, "I will go and get one, father"—I said, "I will get one;" and then Levin said, "Never mind, we will see if we can settle the matter without a policeman"—I said, "Will you give me the money?"—he said, "It is a fine thing for me to get nothing; how much was there?"—I said, "32l. 10s. in gold"—he said, "What was it in?"—I said, "In a purse"—he then took the 32l. 10s. out of his pocket and gave it to me, and told me to make off, for the policeman was after me—I said, "Do you call yourself a man of the world?"—he said, "Me and my old woman is only just out"—I said, "And you have a very good chance to go back again"—he said, "You had better go off," and I never saw him again except at the station—I was taken in custody, and they brought him to me; he denied knowing me—before anything was said they searched him and took a pin out—I said, "It is a wonder if I do not know you; I can even tell you what is inside that pin"—the officer said, "What is it?" and I told him—I said, "Then you forget about the 32l. 10s. you were kind enough to give me; you do not know me; you forget the pair of ear-rings I sold you, and which you did not pay for?—he said, "I do not know you"—I said, "You are a scoundrel"—the officer was present, and put it down—he said to Levin, "You hear what he says"—Levin said, "I shall say nothing to it"—I went with the boy with some chains to Clark's on Sunday evening, between 7 and 8; it was dark—Mr. and Mrs. Clark were there—it is a private house; the shop is in Church-street—I sold him some gold Alberts and ear-rings at 32s. 6d. per oz.—nothing was said about where they came from—I sold some ear-rings, pins, and two brooches next night—I continued going there selling, but not for a week; it was three or four nights afterwards, at the most—I sold him altogether between 80l. and 90l. worth—there were 26 pins, 2 brooches, some all-round chains, and some small ear-rings—I sold all the chains to him; nothing else—Levin had the big ear-rings and diamond brooches.
Cross-examined by MR. WARTON. Q. Was 32s. 6d. the price? A. Yes; it was 9 carat gold—the full price, 32s. 6d., was paid me—they were little gold ear-rings, like these (produced)—I do not know how many pairs there were—they are very common indeed—they were included in the jewellery which was sold by weight—I only saw one sort; Levin had the rest.
Cross-examined by MR. LEWIS. Q. Have you pleaded guilty to this indictment? A. Yes—I have been once before convicted of felony—Levin did not say that he and his wife had just come out from twelve months, but that Mike and his wife had.
COURT to J. CONOLLY. Q. Do you know what sort of ear-rings they were that you sold to Clark? A. Yes; these ball ear-rings are them—I can identify them.
MR. WARTON. Q. Were there two sorts of ear-rings sold to Clark by Charters? A. Yes, the ball and the plain.
JAMES MARGETSON (Policeman, R 122). On 5th or 6th September I went to Levin's house at Deptford—that young woman (Welch) opened the door—it was just before 7 in the evening—I saw Levin four or five minutes afterwards, and asked him who he had lodging in his cottage up the court—he said that there was a man and woman, and a boy—I said, "Where do they come from?"—he said, "From London"—I said, "How long have they been
there?"—he said, "About three weeks; is there anything wrong? if so, I will get rid of them"—I said, "Not that I know of; you leave them where they are at present, I have no charge against them"—I then went away—I saw Levin and his wife the next morning in the court where I had been the previous evening—Mrs. Levin said to me, "They have gone away, and here is a pretty mess they have left the place in"—Levin said that they went some time during the night.
Cross-examined by MR. LEWIS. Q. How long have you known Levin? A. Eight or nine years—he has a large family; I cannot say how many—I cannot say anything disrespectful of him, and he lives quite close to the station-house—so far as I know, he is a hard-working, honest man.
BENJAMIN BRYANT (Police-inspector, G). On 4th December, about half-past 3 in the afternoon, I was with sergeant Evans and private Fall in the City-road, and saw Clark and Cullingworth together, going very fast towards the City, as we were going towards Islington—I knew them both by sight—it is a very wide road—we consulted together, crossed over, and stopped them—I took Cullingworth, searched him, and found in his waistcoat pocket, this gold watch with a dog's head on it, which has since been owned, and this carbuncle pin; in his coat-pocket I found these two plated salts and this gold chain—he was trying to get away, and I saw Fall take from his other waistcoat-pocket this gold watch and chain (produced)—I asked him how he came by them—he said, "Well, they were given to me by another person to carry"—I said, "Who is that person; do you mean your friend Clark?"—he said, "Well, you know all about that"—we took him to the station, where he was searched, and a pocket-book found by Evans containing eight duplicates—I went to the pawnbrokers they represented, and we have the property here—I saw Evans take from his pocket at the station a watch movement without the case; it was going—some silver was, I believe, also taken from him—he gave his address, 82, and afterwards 22, Pelham-street Spitalfields—we did not go there, because we knew his address was in Church-street, but we went carefully into the neighbourhood, and ultimately went to 6, Union-street, and made inquiries—we found his daughter in the secondfloor front room—Sergeant Evans and Fall were with me—we remained in the room, and heard, I think, three knocks at the door—Evans went down instead of the girl, and let Mrs. Clark into the house—she came upstairs before him; went over towards the girl, who was holding a baby, and passed something to her—Evans said, "That won't do; what have you given to the girl, "pulling her hand from under the child's clothes, and taking from it a gold watch, which was wet with aquafortis, having just been tried and not wiped off—I searched the room, and found in the middle drawer of a chest of drawers the two halves of a 5l. note, which I have not been able to trace; also five sovereigns, a quantity of linen handkerchiefs, pieces of silk, and other articles, which are not owned—I took Levin in custody, and we apprehended Charters the same morning, brought them together in the station, and charged them together—Charters said to Levin, "Oh, you are here, are you?"—Levin said, "I do not know you"—Charters said, "What don't you remember the 32l. 10s. you gave me at Deptford"—he said, "No, I do not remember it"—he said, "Do you remember the 160l. worth of stuff which my girl took to your house in Deptford-bridge, and the 32l. 10s. with it, and if I had not threatened to put myself away with you for the lot, you would not have given me up the money, would you?"—he said, "I don't know anything about it"—he said, "Well, you must be a villain; do you recollect the gold emerald ear-rings I sold you for your wife for 10s.
worth two guineas, and the gold chain and pin that I gave you? I know I am a thief, but you are worse than me; I shall go away, but not without you; how about that gold watch, old cock?"—I said to Levin, "You hear what he says"—Levin said, "Yes, but I am not going to say anything to you"—I searched him, and found on him this gold watch and chain, a pin, which has an indecent photograph inside, 14s. 6d. in silver, and a gold signet ring—Charters said, "He says he does not know me; I can tell you what is inside that pin; I have seen it at Deptford," and he did tell me.
Cross-examined by MR. WARTON. Q. Has any owner been found for the watch movement? A. No, but the case was found in Clark's house—no owner has been found for that—Clark was arrested about half-past 3; we were at the station before 4, and I was at Clark's house at about half-past 4—Mrs. Clark's parents live at one of the numbers he gave.
Cross-examined by MR. COLLINS. Q. Did you ask Cullingworth his address? A. Yes—he said I, Old Street-road; that was correct, and I sent an officer to search it—I was not out that afternoon looking for Clark; I saw them by accident—I was in plain clothes—Cullingworth had not much chance to be violent, but he was rather restive while being searched, and tried what he could to get away.
THOMAS EVANS (Police-sergeant, G 22.) I was with Bryant in the City-road—I took hold of Clark and asked him what he had about him—he said, "Nothing"—I partly searched him, and found this catalogue of a sale (produced)—I took him to the station, searched him further—he put his hand into his pocket, took out about 14s., and said, "That is all I have got about me"—in his outside coat pocket I found a watch movement, without the case—it was going—I said, "Where did you get this from?"—he said, "I do not know"—I saw a pocket-book taken from Culling worth, containing seven duplicates for gold watches and chains, most of them pledged in November and December—I afterwards went with Bryant to a second-floor front and back in Union-street, and saw a nurse-girl and child—there were three knocks at the door—I went down and opened it, and Mrs. Clark walked in and walked up stairs—I shut the door and followed her up into the room—the moment she got in she passed a watch from her hand, and put it up the child's clothes to hide it—I said, "Oh, Mrs. Clark, that won't do"—she said, "Oh, my husband is responsible for all I do"—I searched the room and found these fourteen pairs of ear-rings, two chains, three brooches, and seventeen duplicates, referring to gold chains and watches, also several pieces of drapery, and these four crucibles, which are used for melting gold and silver, two of which have been used once or twice; also this gold watch case belonging to the movement found in his pocket, and three gold, and eight or nine silver bows of watches, which appear as if they had been torn off—they are not quite new—I showed those things to Clark—he said, "I know now who put me away; they are all mine; I must own them"—here is a silver watch with the bow broken off.
Cross-examined by MR. WARTON. Q. Are those the fourteen pairs of ear-drops? A. Yes—I do not know whether the prisoners have been dealing in gold and silver.
Cross-examined by MR. LAWRENCE. Q. Did Mrs. Clark say" I never do anything but what my husband tells me? A. No.
Cross-examined by MR. COLLINS, Q. Is one of the duplicates in the name of Savage? A. Yes—there was also one in the name of Savage found at Clark's lodgings.
and Cullingworth were apprehended—I searched Cullingworth, and found this gold watch and guard—I went to the station with them—I also assisted in making a search in Union-street, and found a silver-gilt watch.
Cross-examined by MR. WARTON. Q. While you were searching the house did anybody come to the door? A. Some one knocked three times; it was Mrs. Clark, who was let in by Sergeant Evans and came up stairs—two men came to the door while we were up stairs searching—they asked if Mr. Clark was at home—they were told he was not, and they went away after him.
Cross-examined by MR. COLLINS. Q. Did you search Cullingworth's lodgings? A. Yes, but found nothing whatever relative to this charge.
COURT to S. CONOLLY. Q. Was Charters with you when you took the jewellery from your masters? A. Yes—he was not in my master's service, but he used to come round every day lurking about the place, and following me about when I went up to the West-end with goods.
WILLIAM BROOKS HUNT . I am a pawnbroker, carrying on business at 23, Eversholt-street, Oakley-square—I produce a gold Albert chain, pledged on 14th September—I do not see the person here—this is the corresponding duplicate to mine.
Cross-examined by MR. WARTON. Q. How do you know it? A. Two hours before the robbery I was engaged in packing up one of these bags—I weighed out of our general stock, which had gone to Ireland two days before, five different patterns of chains, and placed them in a parcel to take to several customers next morning—I have the makers of the chains here who sold them to me—there were other things in the bag which nobody had but us—this is a square secret link—it is a common kind.
Cross-examined by MR. COLLINS. Q. Is it in the same state as when you lost it? A. Yes; but it has a key to it now, which was not on it before.
ARNOLD WILLIAM COOLEY . I am assistant to Mr. Jones, a pawnbroker, of Church-street, Spitalfields—I produce a gold neck chain, which was pledged with a watch for 3l., 10s., on 8th September—I do not see the person here who pledged it—this is the following ticket, No. 238.
Cross-examined by MR. WARTON. Q. What kind of a link? A. A secret link, not quite square.
FREDERICK WOOLDEN . I am assistant to Mr. Hammas, a pawnbroker, of 32, York-street, Westminster—on 15th September, I had a gold Albert chain pledged with me for 16s. in the name of Ann Smith—I do not identify Mrs. Clark.
RICHARD DANN . I am assistant to Mr. Attenborough, of 3212, Strand—on 15th September, a watch and this chain were pledged with me for 2l., in the name of Geo. Howard—this is the corresponding ticket—I do not see anybody in the dock whom I know.
ROBERT MARTIN . I am assistant to John Abethal, pawnbroker, of Gray's-inn-road—on 10th September, I took in a watch, and this Albert chain (produced) for 1l. 15s., in the name of Geo. Underwood—I do not recognise either of the prisoners—this is the ticket.
Charles Hammond—I know nothing of the prisoners—this is the corresponding duplicate.
EDWARD AYLEN . I am assistant to George Chaplin, a pawnbroker—I produce a gold Albert chain, pledged on 14th September, for 1l. 10s., by a person describing himself as John Walker—this is the ticket—I do not know either of the prisoners.
WILLIAM LATIMER . I am assistant to Mr. Bravington, pawnbroker, of Prince's-street, Leicester-square—I produce an Albert chain pledged with me on 15th September by a person describing himself as John Horder—this is the corresponding ticket—I do not know either of the prisoners.
WALTER JAMES BURGESS . I am assistant to Mr. Palmer, pawnbroker, of Claremont-square—on 14th September a gold Albert chain and seal were pledged with me for 1l. in the name of Henry Marshall—this is the corresponding ticket.
J. W. ENGLISH (re-examined). These two chains, found on Cullingworth, are ours—so is this (Mr. Palmer's)—I also speak to these nine chains—these fourteen pairs of gold ear-rings, found at Clark's house, are ours.
Cross-examined by MR. WARTON. Q. Are the ear-rings common sorts? A. No, not the ball ear-rings—I never knew another manufacturer make them like these; they are made in our manufactory—a London manufacturer makes them from a punch, a Birmingham manufacturer from a die—you cannot fasten the edges where the two parts lap over with a punch, but with a die you can—these are not lapped over the edges, because they are not thick enough to allow of it—there are also manufacturers at New York, but I never saw any like ours.
Cross-examined by MR. COLLINS. Q. Confine yourself to the two chains found on Cullingworth, and the duplicate in Turner's name, what was the date you lost them? A. 4th September—they are not in the same state; a key has been put on them.
WILLIAM SMITH . I am a gold chain manufacturer and jeweller, and make chains and ear-rings for Messrs. Cherrill—I identify these three (from Clark's)—I manufactured them, and, to the best of my belief, sold them to Mr. Cherrill, but I sell such chains to other people—I can only select three pairs of these ear-rings as my make.
Cross-examined by MR. WHARTON. Q. Are these three pairs of ear-rings made by a punch? A. No—I make for several other people.
MR. HAWTHORNE. Q. Do you make your ear-rings in the same way as they do at Mr. Cherrill's? A. Not lately, but I have done so—I made fourteen pairs, and Mr. Cherrill selected three of them—he was the first person I issued them to; I did not sell any more till 10th December—of those three this is one.
J. W. ENGLISH (re-examined). I lost the three pairs—they were all in the bag.
BENJAMIN VIOK . I am a working jeweller, of Spencer-street, Goswell-road—I have been fifty-nine years with Mr. Cherrill and his father—I was apprenticed to his father in 1804—I made all these ear-rings for Mr. Cherrill.
Cross-examined by MR. WHARTON. Q. Is there anything extraordinary about them? A. Yes; I know every part of them; the manner in which
they are put together, the size of the loops, and the notch at the end—I could swear to them if they were presented to me a thousand miles off.
THE COURT considered that there was no evidence against
HANNAH ANN CLARK.— NOT GUILTY .
Levin received a good character.
MR. LEWIS, on behalf of Levin, objected that in this Indictment Levin was charged with receiving, whereas by common law two persons could not be charged with stealing and receiving, but only under the Statute (24 25 Victoria, c. 96), that there must either be Counts charging a substantive felony, or Levin must be charged as an accessory; the Count either charged him as a receiver accessorially, or charged a substantive felony, and it did not charge the former because it did not disclose that the goods were stolen by any principal: it alleged that he received goods which had been before then feloniously stolen, which goods might have been stolen by Charters, but not received from him: and the Indictment not showing who was the principal to whom Levin was accessory, was therefore bad. Next, if the Count amounted to anything, it was a Count charging Levin as a receiver substantively; therefore the prosecution must be put to their election, there being no Statute by which they could charge the substantive stealing by one person and the substantive felony of receiving by another person in the same Indictment: and further, that as the Count was in fact intended to be accessorial, there was nothing to connect the goods in the second Count with the goods in the first: it simply said that they were stolen; they might have been stolen by somebody else, and Levin was entitled to know who did steal them. MR. T. ATKINSON submitted, that as the articles in the first Count were repeated in the second, the Indictment saying "the said two leather bags" it was not necessary to add the words "so stolen." MR. HAWTHORNE, on the same side, stated that the words of the Act were, "knowing the same to have been stolen," not "to have been so stolen" which under the 92 Section were unnecessary; that by Lord Campbell's Act the receiver might be indicted with the thief, or separately; that there was enough on the face of the Indictment, to identify the goods in the second Count with those in the first, and that the word " so" had been purposely left out by the Legislature. MR. LEWIS in reply urged that there must be some connexion of the property, and that though Mr. Hawthorne's argument would be good were there only one prisoner, it was not so when there was more than one, and contended further, that there was no evidence to go to the Jury, as Levin was charged with receiving the said leather bags, and other articles, that the word" said" might only apply to the leather bags, and as an accessory after the fact, he must be told what property he was charged with receiving: also that there was no evidence of his receiving any bags. Lastly, there were four witnesses who were all accomplices either in the stealing, receiving, or disposition of the property, and as the evidence of one accomplice must not be allowed to strengthen the evidence of the others, they were unconfirmed. The only corroboration was that Levin denied knowing Charters, whereas he did know him, but that corroboration not being on a material point, was no corroboration at all. THE RECORDER left the last point to the Jury, and MESSRS. COLLINS and WARTON joining in the above objections, the RECORDER, on a motion in arrest of judgment, would reserve the point for the Court of Criminal Appeal.
HANNAH CLARK.— NOT GUILTY .
CLARK,*†CULLINGWORTH,*† and LEVIN.— GUILTY.— Judgment respited.
No evidence was offered.
NOT GUILTY .
Fourth Session, 1863—64. 327.
THIRD COURT.—Friday, February 5th, 1864.
Before Mr. Common Serjeant.
MR. DIGBY having opened the case for the Prosecution, MR. SERJEANT PARRY, for the prisoner, stated that he would PLEAD GUILTY to the charge, and urged in mitigation of punishment, that the prisoner was in a state of insensibility through drink at the time the matter occurred; that it was not a deliberate and intentional act, and that he was very sorry for what he had done.
GUILTY .— Confined Two Months; fined 25l.; and to enter into recognizances in 200l., and two sureties in 100l., to keep the peace for Twelve Months.
281. RICHARD RAYMOND GRANT (40) , Embezzling and stealing the sums of 25l., 7l. 7s., 1l. 1s., 2l. 2s., and 1l. 1s., received on account of Henry Pook, his master; upon which MR. LEWIS offered no evidence.
NOT GUILTY .
NOT GUILTY .
Confined Six Months , and to enter into recognizances, himself in 50l. and two sureties 25l. each, to keep the peace for Twelve Months.
NOT GUILTY .
Before Mr. Recorder.
MR. METCALFE conducted the Prosecution.
WILLIAM EDWARD GREEN . I am a painter's foreman, 8, Francis-terrace, Barking-road—on 25th December, my family consisted of my wife, a boy, two girls, and a female servant; up to that time we had been living very comfortably together—I did not know the prisoner at all up to that time—we were living in the house by ourselves—the house was furnished—I went out on the morning of 26th to my work and returned at 1 o'clock, and left again—I did not dine at home—when I left at that time, everything was in the same condition as it generally was; nothing at all to excite my suspicion—on my return in the evening, I met my servant, and in consequence of what she said to me, I went on to my house, and found that my wife had gone; the curtains in the sitting-room had been taken down from the window, and the toilet-covers were taken—I went up stairs, and found the drawers had been opened; all the wearing apparel, bed-clothes,
clothes, and everything, had been taken away—I went to my box, unlocked it with my key, and there was nothing in it, except the empty cash-box—40l. in notes and silver, and a bank-book representing 30l. in the savingsbank at Limehouse, had been in that cash-box—I also missed three watches, three chains, and two rings; my clothes were also gone; I had nothing left, only what I stood upright in—the children's beds were entirely stripped; they had nothing except a bundle of rags; the pillow-cases were taken off—the drawers I spoke of had contained my wife's wearing apparel, and also linen, sheets, blankets, table-cloths, and towels; the cups and saucers, plates and dishes, knives and forks, were all taken away—the furniture was left, and my children were left; they took away the baby-linen—my youngest child is two years and a half old, and the eldest nine years old—I communicated this to the police, and after getting some information, I went off to Ireland—I arrived there on 31st December—I found my wife on that day at some lodgings in Newry—she was occupying two rooms, a sitting-room and a bedroom—the bedroom was in front—the things were hanging up in the other room—I found one coat of mine hanging up, and the other things were all packed away in boxes in the bedroom—I took a policeman there first—I found my wife in the bedroom where the things were—the boxes were in the bedroom, and the other things were hanging round the other room—she was taking tea—the things were taken charge of by the police, and my wife was taken to the station—I found Evans' address on the black box—the prisoner was then sent for from the barracks—I saw him brought into the station, and I saw my gold-plated watch and chain in the policeman's hands—the prisoner was searched there, and nineteen sovereigns and a purse taken from him—I did not swear to the purse; my wife had a purse similar to that—the prisoner was taken into custody; he was remanded for eight days, and ultimately sent over here—nothing was said by the prisoner at that time in my presence—property and money to the value of 70l. odd was taken away, besides the money in the savings-bank—I had seen the watch and chain which were taken from the prisoner safe on the 24th, early in the morning; they were then in the box where my cashbox was—I also saw my money safe at that time, because I took out a fivepound note, and made my wife a present of it.
Cross-examined by MR. LEWIS. Q. How old is your wife? A. Twenty-nine.
COURT. Q. Was she at the station when the prisoner was brought there? A. Yes—nothing passed between them at that time—the savings-bank book was found at Newry, in the lodgings—the prisoner was not asked for his address; he was in barracks there; he belongs to the 58th Foot—this is the savings'-bank book (produced)—the money was deposited in the joint names of myself and my wife—she cannot write—here is her mark.
RICHARD FOSTER . I live at 15, Mercer-terrace, Limehouse, and am deputy-assistant at the savings-bank there—I produce this book—on 26th December, there was a sum of 30l. 4s. 4d. standing in the bank in the joint names of William Edward Green, and Sarah Jane Green—the whole of it was drawn out on 26th, between the hours of 6 and 8—I could not speak positively as to who came for it—it was a woman, who signed this book on receipt of the money—I believe we had a week's notice of the withdrawal of the money—this book will not show me; we enter the notices, but that is in another book—this is merely a receipt-book; we pay sometimes on demand—where it is a joint account, one can draw the money out
without the other, if they both consent—it is done by consent of both parties.
COURT. Q. What had you here to lead you to suppose that there was consent? A. That was when the money was deposited; they both agreed that either could draw out—the regulations appear in the book; but I believe they have been revised since—those regulations have been sanctioned by Mr. Tidd Pratt—this is not merely a parochial savings-bank; it is not confined to one district—when the regulations were revised, we affixed them to any book that was subsequently issued.
Cross-examined. Q. You say you don't recollect who came, but you recollect it was a woman? A. Yes; she gave the name of Sarah Jane Green—I witnessed her mark—that was the name of the woman by whom the money was jointly deposited.
WILLIAM BROOKS (Policeman, K 44). I am stationed at West Ham—on 6th January, I went to Newry, in Ireland, with a warrant to apprehend the prisoner—I arrived there on 7th, and found him in the custody of the Newry police; he was handed over to me for the purpose of bringing him to England—on the way to the police station, he was about to make a statement, and I cautioned him, and he said no more; but on the way to England, in the train, he said, "It is a very bad job; if I had known what I know now a fortnight ago, it should not have happened."
NATHANIEL KELLY . I am a sub-constable of the Newry police—I took the prisoner into custody in the Newry Barracks on 31st December—the depot of the 58th were quartered there—I took him before the Magistrate—when I arrested him, I searched him, and found him wearing this watch and chain (produced)—I also found nineteen sovereigns and a purse on him—I went to the house where the woman and the property were; it is about two hundred yards from the barracks; there was nothing there besides what was claimed by the prosecutor—there were some new articles, which Mrs. Green had bought in Newry—I did not find any men's clothes not claimed by the prosecutor—nothing was said by the prisoner at all—I did not see him and Mrs. Green together.
WILLIAM JOHN FOSTER . I am a cabman, at Limehouse—on the evening of 26th December, about 6 o'clock, I was on the cab-stand in the East India-road, and the prisoner and another young man engaged me—the prisoner ordered me to drive to Barking-road—I know Francis-terrace there—I know now where the prosecutor's house is; they told me to stop about one hundred yards from the house, where there were no houses—the prisoner went towards Green's house, and the other man stopped with the cab—the prisoner was away about half an hour, and then returned with a young lady; they all three got in, and ordered me to Salmon's-lane, Limehouse—I drove there—it is close against the savings-bank—they paid me there—they did not get out close to the savings-bank door; I drove up the street, right opposite; they all three went towards the savings'-bank—about twenty minutes after that, I was hired again by the prisoner—I had been waiting about there—the lady and the other young man were with him; they all three got into the cab, and I drove ever the bridge again into the Barking-road, and stopped at the same place that I did before—the prisoner told me to wait, and he and the lady got out and went up towards the prosecutor's house—the other man stopped for two or three minutes, and then he went away—they were away, I dare say, about twenty minutes or half an hour; they all three then came back, and brought a grained box and some bonnet and hat boxes, got in, and told me to drive to King's-cross—I drove
them to a coffee-shop about one hundred yards from the railway-station—it was right opposite the underground Railway—they went into the coffeeshop, and I took the luggage inside, by the direction of the prisoner—it was then about 9 o'clock.
JOHN HADMAN . On Thursday, 24th December, I was on duty as a porter at the Barking-road station—about 2 o'clock on that day, the signal-man on duty asked me to go to No. 8, Francis-terrace, to fetch a box; I went there—it is the prosecutor's house—I believe the prisoner is the man I saw there; he assisted me with the box—he opened the door—the box stood ready inside the door—I said, "You will have to be quick, for the Fenchurch train is coming in"—I knew I was to take a box; it was a large black box, requiring two persons to carry it—it was weighty—he assisted me out of the house with it on to the truck, and from the truck into the station—I did not see any address on it—he said the box was for Fenchurch-street, and I told the guard he was to put it out there.
ANN FLANDER . I was living as servant to Mr. Green on 24th December—on that day I saw the prisoner at the house—my master was not at home—I don't know what time it was—my mistress was there; they were together in the kitchen—he remained there about half an hour—he was standing against the table, and then he went out—that was not the first time I had seen him; I saw him about twelve months ago—he came once to fetch some clean clothes—he had just come home again at this time, and my mistress sent me down for him to say that she wanted him—I told him that; he was then at his father's house, which is about a mile and a hall from our house—I think he came then; I was not at home—I did not see him—that was about a fortnight before Christmas—I did not see him till the 24th—I had been out, and when I came in I found him in the kitchen—the little boy was also there—I next saw him about 7 o'clock, I think, on the evening of 26th, standing against the gate—my mistress was then in doors, and she gave me a 10l. note to go and change—I did that, and when I came back she was standing against the gate, and she said she was going—I did not see the prisoner then—I was very nearly a quarter of an hour getting the note changed at the public-house—I saw him as I went out—I did not see anything taken away when my mistress went, but when I came into the house I found the things were gone—I then went to my master's father's house, and told him what had taken place, and that Mrs. Green had gone—I saw the railway-porter take away the box on 24th; I don't know which box it was—I had not seen it before—I don't know where it came from; it was not one of my master's or mistress's boxes—I did not see the address on it—I cannot swear to this purse—I know my mistress had one like this before she left.
WILLIAM EDWARD GREEN (re-examined). I saw two bran new black boxes at Newry—neither of them were mine—there was one red box of mine, and the hat and bonnet boxes were mine, and the box now in Court is my property—one of those black boxes was brought over here.
Cross-examined. Q. Can you swear to it? A. Yes, I can—I noticed it on the cab, and I said it was the same; it was quite a new box—I did not notice the address—the box was full.
Newry contained Mr. Green's wearing apparel, coats, and other clothing, which he identified.
MR. LEWIS to ANN FLANDER. Q. Where was your mistress when the box was taken away by the railway-porter? A. I don't know, I think she was up stairs; I did not see her—I believe she was in the house at the time—I did not see the box brought down stairs.
MR. LEWIS to WILLIAM EDWARD GREEN. Q. You say your box contained your clothes and shirts? A. Yes; it was kept in my bedroom—it was locked; I kept the key of it—my wife had not another key, that I know of—I examined the box afterwards, and found my key opened it—it was locked—it must have been opened by another key—I do not know that my wife had another key of that box.
Kelly stated that the prisoner bore a good character in his regiment.— Confined Nine Months.
Before Mr. Common Serjeant.
MR. OPPENHEIM conducted the Prosecution.
CHARLES HASLUCK . I reside at Hazleoak-house, Guildford-road, in the parish of West Ham—on the evening of 8th January I went in the field adjoining my house, and fed my fowls; I had thirteen then—I can't say that I saw thirteen there then—I did not count them—I went into the field next morning and found the front part of the fowl-shed broken away, and missed eleven fowls—on the afternoon of that day I examined some fowls which were in the possession of police-sergeant Bidgood—they were mine.
Pearson. I picked them up in Stratford, in a bag.
PETER BIDGOOD (Police-sergeant, K 41). I am stationed at West Ham—on the night of 8th January, about 9 o'clock, I saw the two prisoners walking in High-street, Stratford, in a hurried manner—Pearson was carrying a sack containing something bulky—I followed them something like a hundred yards—as I was getting close to them I saw Freeman turn his head—he appeared to see me, and went away from Pearson—I stopped Pearson, and asked him what he had got in the sack—he said he had picked it up—I asked him several times, and he did not tell me—I then told him I should take him to the station, and did so—I examined the sack at the station, and found it contained eleven dead fowls—Mr. Hasluck came to the station, and identified them as being his, on the following morning, the 9th—I did not take Freeman; he went away.
GEORGE PAGE (Police-sergeant, K 55). I am stationed at West Ham—about 9 o'clock on the morning of 9th January, from information I received, I took the prisoner Freeman into custody—I told him with what he was charged—he said he knew nothing about it, he was at home on the evening previous—I told him it was between 8 and 9—he said he did not go out after about 6 o'clock.
The prisoners' statements before the Magistrate:—Pearson says, "I picked them up in the main street in Stratford, opposite the Bull." Freeman says, "I know nothing about it"
Pearson's Defence. I picked them up nearly opposite the Bull-inn, Stratford. I was coming from work.
GUILTY .— Confined Four Months each.
MR. SLEIGH conducted the Prosecution.
WILLIAM STANNARD . I live at No. 35, Regent-street, Blackwall, and am fireman and watchman to the Thames Iron Works Company—on the 21st January I received information that a coil of rope had been stolen, and I took a boat and rowed to a barge in which the prisoner was—I did not see the coil until I got on the barge; I then saw it in the hold—I asked him, "What about the rope that you have taken from the wharf?"—he said, "I have taken it to make fast a barge out in the river"—I said, "You know we do not find ropes for you to make barges fast out in the river"—he said, "I know that"—I said, "You must go ashore; you have no right to it, "and he said, "No"—when I got ashore I asked him the name of the barge he was going to make fast—he said, that it was the Two Sisters—she has been at our wharf several times, but not since the 5th November—the value of the rope is 3s.—I had seen it upon the wharf about ten minutes before it was missed.
Cross-examined by MR. COOPER. Q. You could not tell whether the Two Sisters was coming on that occasion? A. I cannot tell that—I did not look for her in the river—the prisoner's son was also on board his barge; it is called the Pioneer—I did not see any other men on board—other men were about loading and unloading barges—it was about five or ten minutes past 1 o'clock.
JOHN TROLLOPE . I am a labourer at the works—I discharged the prisoner's barge at the wharf on 21st January—I cannot say whether this rope (produced) was the rope by which the barge was moored to the wharf—I saw, this rope on the wharf before the prisoner's barge went away—I saw him pull the rope off the wharf into the barge—I made a communication to the fireman.
Cross-examined. Q. You saw it plainly? A. Yes—there were several men running the muck, out of the barge, and they all saw it—I don't know that when a vessel with a bad head-stall comes up the people take the rope to give her a lift up—I have been employed at the works for three months—I was standing on the top of the wharf when I saw the prisoner pull it off.
WILLIAM HALL (Policeman, K 515). In consequence of information I received, I took the prisoner into custody—I told him it was for stealing some rope from the Thames Iron Company—he said he did not know anything about it.
Cross-examined. Q. Did he not mention afterwards that he had not taken the rope for any felonious purpose? A. No—I was before the Magistrate, but I did not hear that.
Witnesse, for the Defence.
EDWIN MARSDEN . I am a lighterman—on the 21st January I was working up to the Thames Iron Company's wharf with a vessel—she had only part of a head-stall, and to get her to the wharf I required a stronger rope, to keep her in safety—the prisoner told me he was going to the wharf with the Pioneer—I said, "Very well, look out with a rope for me and give me a turn, for the rope I have is not strong enough"—sometimes we load one barge and sometimes another, but this was a barge that happened to have a bad head-stall—it was the barge William—I think I gave the prisoner the name of the Europe—if he had brought me the rope it would have been taken up again—that is a general custom—I have been a lighterman ever since I was fourteen years of age.
Cross-examined by MR. SLEIGH. Q. Were you both employed in the same
establishment? A. Yes; I have been working there three or four years; ever since this job has been going on on which I have been at work—those are the works at the Hungerford Railway, and Cannon-street Bridge—the conversation with the prisoner was on the 21st of January—I think that was on a Thursday—I did not see him when he was taken into custody—I was taking a barge down at the time—I heard he was taken when I got down with my loaded barge—he was taken into custody the same day—I live about a quarter of a mile from him—I have never been before the Magistrate—I have made no statement, only to-day—I was told about the examination before the Magistrate, but I had an empty barge to bring up, and could not go there—there was no one who told me until the next day—I did not go to the station-house to inquire—I have only been in a police-court on two occasions in my life—I was never in a court of justice at Maidstone, nor in any Court there—I was never on my trial there—I have resided there for about seven days—I was fined—I was in prison for nonpayment of the money—I was fined because a party put some stones out of our vessel, and mixed them with mine, and he wanted me to pay for it—I was not charged with having unlawful possession of the stones—I was charged with unlawfully taking—that is the only occasion that I am aware of, that I Was in a police-court—it is five or six years ago since I was at Maidstone—I was not there two years ago—there was never any other charge made against me—I swear it positively—I was never, except on that occasion, charged with a criminal offence.
MR. COOPER. Q. With respect to this charge, I believe you had some stones in your barge? A. Yes, some one put other stones with mine, and mixed them—the owner then claimed the whole—there was a dispute—we went before the Magistrate, and he fined me—when my brother was before the Magistrate, I was at work night and day; going with every tide, and could not leave my barge.
The prisoner received a good character.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
JAMES BAILEY . I am assistant to John Bressey, of Stratford, a pawnbroker—on Tuesday, the 29th December, the prisoner came and offered me this ring—he put it on the counter, and wanted five shillings on it—four shillings were offered, and he took the money—I did not weigh the ring, because I took it for a wedding-ring, and could see its weight would be about one pennyweight—I supposed it was gold, and any one might take it as such—he gave the name of John Blake, of Weston-street, Stratford—Mr. Lewis came to me a short time after he left the shop—I then examined the ring very closely, and found that, it had the silver hall-mark, and the lion was fractured, and looked like "22"—I afterwards saw the prisoner coming through the town, and I asked him, "What do you mean by offering me a silver ring in pledge for a wedding-ring, defrauding me of four shillings?" and I gave him into custody.
Cross-examined by MR. MONTAGUE WILLIAMS Q. Did he not come into your shop, and put the ring on the counter, and say, "I want five shilling?" A. Yes; I have been a pawnbroker for nine or ten years—we always ask people for their name and address, and they give us them—we take them to be correct, to a great extent it is not the case—when I took him into the shop he said, "A shilling and eleven pence halfpenny is all I have got; but he did not pay me"—I have not had the money, nor has my master.
BENJAMIN BRAYSHAW . I am assistant to my father, who in a pawnbroker at Stratford—his shop is ton minutes' walk from that of the last witness—on 29th December, the prisoner came into our shop about 5 o'clock, and offered a wedding-ring—he put the ring into my hands, and said, "I want five shillings on this ring"—he said nothing about "wedding" ring—I offered him four shillings—he said, "I will take it"—I was making out the ticket, and made the remark, "The ring is bent"—he replied, "wedding-rings will bend by wear"—I gave him a duplicate—he gave the name of Tranmer, of Prince's-square—my attention was afterwards called to the ring—I found it was silver, worth about fourpence or sixpence.
GEORGE LEWIS . I am assistant to Mrs. Jane Phillips, of Stratford, pawnbroker—Mr. Bressey's is twenty-five doors off, and Brayshaw's is almost five minutes' walk—the prisoner came to our shop on the night of Tuesday, 29th December, about half-past 5—he brought a ring similar to those produced; it was a fac-simile—he held out the ring in his hands to my young man and said, "I want five shillings"—I took it out of my young man's hands, thinking it did not look genuine—I said, "I believe it is brass"—he said, "You fool; you ought to know brass from gold"—I rubbed it on a stone, and found it was silver—while I was doing that he said, "Give it me back, I have had five shillings on it hundreds of times, and I can get it again;" and he walked out of the shop—I followed him, and went round to Mr. Bressey's, and gave information to the assistant—I saw the prisoner, and detained him—he then had a ring of similar character on the small finger of one hand—Mr. Bressey showed him the ring he took, and the prisoner offered him all the money he had; I think, one shilling and eleven pence, and said if he would let him go, he would let him have the rest—I saw him searched at the station-house—there was no ring found upon him then, but there was a spurious chain—that (produced) is the one—it is what is called a "duffing chain."
Cross-examined. Q. Is this a prosecution on the part of the Pawnbrokers' Association? A. No; not that I am aware of—I do not know.
WILLIAM MASON (Policeman, K 211). I took the prisoner into custody on the 29th December—I searched him at the station, and found a file, a knife, a watch-guard, and a shilling and eleven-pence halfpenny—he gave the name of William Price, but refused his address.
JAMES JOHNSON . I am a partner in the firm of Johnson and Walker, of Aldersgate-street, gold refiners—I have been in business for sixteen years—I know that wedding-rings are required by Act of Parliament to be stamped, and they must be of twenty-two carat gold—there is a duty payable on them—I have examined these rings—they are silver rings—there is an imperfect silver mark upon them, but not a gold mark—the "Lion," which is the silver mark, appears to be broken in the middle—both are the same—a wedding-ring, properly marked, would have the figures, "22," meaning twenty-two carat, the quality of the gold.
Cross-examined. Q. Are not wedding-rings sold at nine carats? A. It is not allowed by law—I do not mean to say that a clergyman would not marry a couple because the ring was not marked twenty-two carats.
MR. MONTAGUE WILLIAMS submitted the Indictment could not be sustained; the prisoner had made no false pretence, and borrowed four shillings on the ring, but if he had stated it was a wedding-ring, there was no proof that a wedding could not be celebrated with it; or that such wedding-rings were not customary in other countries. THE COURT over-ruled the point, but would reserve it if the Judges should deem it necessary.
Fourth Session, 1863—64. 35
COURT to JAMES JOHNSON. Q. What is the difference between the mark of a gold wedding-ring, and a silver ring? A. The gold ring in twenty-two carats, and the silver mark is a lion.
The prisoner received a good character.
GUILTY .— Confined Nine Months.
Before Mr. Recorder.
MR. KIDD conducted the Prosecution.
FELIX BRODRICK . I am a potman, at the New Gun, Woolwich—on 2nd January, I saw the deceased and the prisoners there up stairs—there were seven or eight persons in the room—the prisoners and deceased had been playing a game at cards, "twenty-fives"—the deceased won half a crown of Maguire, and then said that he would not play any more—Maguire asked him why not—he still persisted in not playing, and Maguire struck him—he staggered, and then Maguire hit him two or three times more—he did not fall—the deceased did not strike back again—the master and a policeman came up at the time Maguire was striking him—Bowes was present at that time—I afterwards went up to the gas, and saw the prisoners lay hold of the deceased's legs, and hold him up by them in the air—his shoulder knocked on the settle, and his head was down—the money fell out of his pockets—after he got up, I saw some blood on his face which seemed to come from his nose—he touched the settle, but not violently.
Cross-examined by MR. DALEY. Q. Had the deceased been drinking? A. Yes; but he was not drunk—it was Maguire who struck him—I did not see his nose bleed then—before they took hold of his legs they said, "If you will not play, give us our money"—he had won half a crown—I had not seen him win from others as well, as I go up and down fifty or sixty times of an evening—the prisoners each took a leg, and put his feet higher than his head—they did not let him fall; one of his shoulders inclined on the settle—the lifting him up was between 9 and 10 o'clock—I know that the barrack roll is always called at 9 o'clock, and the soldiers have to obey it, except when they are on leave—there were other soldiers there—they left at 9—the prisoners did not leave before 9 to go to barracks, and I noticed that the deceased remained—I did not see that any other soldiers remained, but cannot be quite certain—I am certain the prisoners are the men that remained.
MR. KIDD. Q. Did you hear Maguire say anything? A. He asked him to give him a chance of winning back the half-crown, and that if he did not give it him, he would punch it out of him—I did not see blood on his nose after the punch, but I did after he had been held up by the legs.
COURT. Q. Was Bowes playing at cards with the deceased? A. No; he had nothing to do with the blow, only Maguire.
JAMES ELLIOTT . I am landlord of the New Gun beer shop—on 2nd January, I saw Maguire in the parlour up stairs; I cannot swear to Bowes—I saw no blows struck, but the deceased seemed as if there had been a scuffle between him and some other man—I did not notice the state of his face
—I heard, in Maguire's presence, that the deceased had been playing at cards and winning money—they ceased quarrelling when I went up.
Cross-examined. Q. Were you before the Magistrate? A. No.
HENRY ALLEN . I am a labourer—I saw the prisoners at the New Gun, on 2nd January, playing at cards; they had just finished the last game as I went up—I had hardly been there three minutes when Maguire struck the deceased five or six times, and he fell to the ground to avoid any more blows—the master then came up and the military policeman, and they stopped it, but when the landlord and the policeman went out, the two prisoners got hold of the deceased's legs as he was sitting on a form, and pulled him off on to the boards, held him up, and shook the money out of his pockets—he fell on his backside to avoid the blow—I saw no marks of violence on his face—I saw blows struck.
Cross-examined. Q. Did you see his nose bleed? A. Yes—I can swear to five blows on his face—I am quite sure he was pulled on to the ground—when his money rolled out, they gave him back his own money, and kept the half-crown—the deceased then left the room, went down stairs, and called for a half-pint of beer, but the prisoners went down two minutes before him—I do not know when they left—I left the deceased there when I went home—I left between 9 and 10—there might be another soldier up stairs besides the prisoners when I left, but I am not positive—I know the deceased by sight—I had seen him there about three months—I had never drank with him—I had never seen his wife till the Monday I went before the Coroner.
JURY. Q. When the deceased was pulled off the form, did his head strike it? A. No; his shoulder came on to the ground—I did not see his nose bleeding before or afterwards—in the way he was pulled off, his forehead could not not have struck the ground, and I do not think the back of his head did.
ANN HARRISON . I live at Woolwich—on 2nd January my husband, George Harrison, came home at 9 o'clock, and asked me for sixpence—he had certainly had a glass or two—he made no complaint to me—he returned between half-past 9 and quarter to 10, he had then been struck, and the right side of his face was a little swelled—he slept in the room with me, but was walking the room the best part of the night, and complained of his head all night—I did not notice blood about his nose—his head was bad all the week, and he died on Tuesday, the 11th.
Cross-examined. Q. Did he have a fit? A. Yes; on the day he died—I did not give him any laudanum, but be fetched a pennyworth and had nine drops—it had no effect at all—he walked about the room all night—I told Mary Ann Burke that he had taken laudanum, but not that he seemed to be raving after that, and he never was—he was not a man of temperate habits—he did not take a jug with him the last time he went out; her went for some tobacco—I have seen Handle of Woolwich Dockyard—my husband lived with him for eight months, I think—he sometimes had the headache, but not much—I never knew that his head was diseased, till the doctor told me so—the deceased never said to me that only for medicine he sometimes thought he should not live the night through—there was no disturbance or altercation in the house on Wednesday, nor since I have been in it—I know Murphy! he lived over my head—it was rather a cold night when the injury happened—I do not know whether it was frosty; I was not out.
MR. KIDD. Q. Was it the Saturday prior to his death that he had the fit? A. No; on the Sunday, the day before he died—he was in no trade—
he bad been in the Army—I never beard him complain, except of headache.
COURT. Q. Did he complain of having been hurt when he came home? A. Yes; he said he had been knocked about when he came home the second time—he did not say who by—he complained of the right aide of his head—the marks were just about the eye.
GEORGE HARVIN , M. R. C. S. I was called on to attend the deceased on Monday evening, the 10th, about 6 o'clock—he was fast asleep when I went into his room—his sleep appeared perfectly natural, and I aroused him—he complained of severe pain in the front of his head, and said that on Saturday night, January 2d, he was in a public-house, and had a quarrel—next morning, Monday, between 9 and 10, I was informed of his death—I made a post mortem examination, and found on removing the scalp that the temporal muscle on the right side of the head had a quantity of extravasated blood—I removed the cranium, and found evidence of his having some old disease of the top part of his forehead—on examining his penis there was a cicatrice of an old chancre, from which I was led to believe that he had had syphilitic disease of the cranium, one part had closed up, but at other parts the skull was much thinned—on removing the membrane covering the brain, there was a large clot of blood extending all over the right side of the brain—the membrane of the brain was very much inflamed; one half of it, and there was a quantity of fibrin thrown out upon the surface of the membrane, proving that the inflammation was not recent—the vessels on the surface of the brain were much congested, but the brain itself appeared perfectly healthy, and there was no effusion of serum or blood in the ventricles—he was a fine, strong, healthy man, and I think from the history and the post mortem appearances, he may have bad slight concussion of the brain followed, by severe inflammation, and that the sudden bursting of one of the vessels caused a large amount of blood to be extravasated, and consequently the convulsions and death—I think the effect I describe would be produced by a blow, from the condition of his skull, which was not strong enough to receive any amount of force—it is impossible to say whether a fall and striking one shoulder on the ground, shaking his body would produce it—I do not think it would be possible to produce it by a shake if the head was not strong—I think from the post mortem appearances, that a blow with the fist near the eye might have that effect—I did not give him laudanum—his taking ten drops of laudanum could not possibly have affected him.
Cross-examined. Q. Was not the immediate cause of death the extravasation of blood? A. I should think so—when a vessel is wounded, particularly where there is disease, the blood flows out and covers the surface of the brain—if it had been a small vessel the blood would have oozed out slowly—I examined it most minutely, and could not find out the vessel—if it was a large vessel it would cover the surface I saw in a few minutes—the inflammation had possibly existed for a few days: more than one—if I had not heard any of the evidence, I should say, from the appearances I saw, that the injuries had been inflicted nine days before, and it is possible, and I do not think it was a more recent injury, because a person may receive a blow on the skull and the symptoms of inflammation might not set in for some time afterwards—in some cases it has not occurred for some length of time afterwards—I do not think the vessel might have burst at the time the blow was given—if that large clot of blood had been on the brain when I saw him at 6 o'clock, I think there would have been some evidence of its being
there, but there was no particular indication of his having had any severe injury to the brain; his pupils acted properly—I cannot say whether there was any concussion of the brain; I was not present when he received the injury—I do not mean to say that the blood was oozing nine days—I think the vessel must have burst some short time before death—I do not think it had burst when I saw him first—I do not think a shock would be sufficient to break the walls of the vessel, and the clot was only on one side—I think the cause of the extravasation of the blood was first the slight concussion of the brain, and then severe inflammation, and one of the vessels having been inflamed, must have given way with the force of the blood, and caused the extravasation—if laudanum is administered in sufficient quantities it produces slight congestion of the brain—it produces heavy sleepiness—that is its effect on the brain—I do not think that a small dose would have that effect—I heard nothing of his having laudanum until the inquest—I think I should have recommended it if I had known as much while he was alive as I did after I opened his head.
MR. KIDD. Q. Your theory is, concussion of the brain followed by inflammation and extravasation of blood? A. Yes, I think it quite possible that, blow, such as I have heard described, given by Maguire, would be sufficient to produce the concussion of the brain—I attribute his death to a blow or violence.
MR. DALEY. Q. Is there congestion of the brain in a fit of that sort? A. I think from what I was told, that he had the attack of convulsions, and then expired—the fit would be in consequence of the extravasation of blood.
COURT to ANN HARRISON. Q. Were you present at the time of the fit? A. Yes; he was in bed all the time it lasted, and laid very quiet—it was half-past 12 on Tuesday night—it was not in consequence of that that I sent for the doctor; he had been then.
COURT to FELIX BRODRICK. Q. Do you remember what time you first saw Maguire and the deceased playing at cards? A. Past 9 o'clock they were playing together for the half crown.
MR. DALEY. Q. Did the game begin at 9? A. Yes, but the deceased had been in the house Rome time—it was not before he left the house the first time that the blow was struck—he and Maguire did not begin playing till 9, and the blow was struck between 9 and 10.
NOT GUILTY .
MR. NICHOLSON conducted the Prosecution.
THOMAS HANMER FLETCHER . I was lately captain in the military train at Woolwich—this revolver and knife (produced) are my property—I think I saw them last about the 15th January, about ten days prior to the committal of the prisoners at Woolwich; they were then in my quarters at the camp—I cannot say what day I missed them—one day I required the knife to open a book, and could not find it on the table, and I asked my servant about it—that must have been on or about the 15th—I did not miss the revolver until I was told that a four-barrelled repeater had been discovered—I then opened the case, and missed it—that was two days before the prisoners were committed—I don't know the day—the policeman came up to my quarters, and told me it had been sold in Woolwich—I know the prisoners; one is a non-commissioned officer, and the other is an officer's
servant—they have not access to my rooms, or any right to go there—they would have the opportunity, if my servant was out of the way, of stepping into the room—my servant's hut is about thirty yards from mine—the prisoners had to pass my door to go up to the stables from their barracks—they could have seen the things through the window—the value of the two is about 9l.; one 5l., and the other 4l.
JOHN EVANS . I am in the military train at Woolwich—I recollect Hewson coming to me on the 14th January; he showed me this revolver and knife, and asked me if I could do anything with them—I said, "Where did you get them from?"—he said, "It does not matter; they are all right; will you sell them for me?"—I said, "I don't know; I will try"—he said, "Will you go do down to-night?"—I said, "I can't to-night," and he left them with me till the next day—when I went down to Woolwich town, I tried to sell them, but I could not—I came back again the same evening about 9, returned the articles to Hewson, and told him I could not succeed in selling them—I heard nothing more about them till the following night, Saturday, when Hewson came to me, and said, "Evans I have succeeded in selling those articles, and I will give you two shillings for trying to sell them"—I asked him if they were his property; he said, "It is all right; they are my property"—I met him the next night, Sunday, and asked him again—I said, "You did not tell me where you got those from," and he then said, "Well, I promised I would tell you; I got them from Captain Fletcher's quarters"—he had told me before that he would tell me where he got them—it was the day previous to that that I had the two shillings—I was three hours absent on the Sunday night—I got forty-eight hours in the garrison cells and I was in prison at the time this took place—I was on churchparade in the morning, and had forty-eight hours in the garrison cells.
WILLIAM HELLYER . I am a marine-store dealer at Woolwich—on Saturday, 16th January, the prisoner Holding came to my shop with some rags, some old blue garments, which I purchased of him—as he was going out he returned, and showed me this revolver and knife, and asked me if I could buy them, or if they were any use to me—I told him I did not know what I could do with them, as ray place was a warehouse, I had no shop window—I asked him what he wanted for them—he said they were not his; a gentleman had sent him with them, and wanted 30s. for them—I said I would give him 1l. for them, as I thought I should like them for myself—after a little time he took my money—I entered it in the book, and had them in my possession till a constable came and inquired about them.
Holding. Q. Did I not give you my name and address? A. Yes, "William Holding, 1st Battalion of the Military Train," as you were going out of the door—I said, "I hope it is all right," and you said, "If it was not all right, I should not have brought them."
JOHN BRIAN . I am a private in the Military Train at Woolwich—on Saturday, 16th January, I went to see William Holding—he showed me this pistol and knife, and asked me to look at them—I told him I thought they were very nice things, and I thought they were worth 3l. or 4l—he told me he got them from Corporal Hewson to sell for him; that his friends had given them to him—he did not ask me to sell them for him.
Hewson. Q. Do you recollect coming to me, and asking me what I had sold Holding on the Sunday morning? A. No; I did not.
SAMUEL LING (Policeman, R 159). I apprehended Hewson on 25th January, and Holding on 26th—I told Hewson the charge—he said he knew nothing about it; he would mark the parties who had let on about him, and
when near the station, he said he would not be put in the hole for it alone—I saw Holding at his master's—I told him I was a constable, and he at once told me that he had mentioned it to his master—he said, "I got them from Hewson; I sold them, and received half the money"—I afterwards went to the marine-store shop, and got these things.
Holding. Q. When you came down to Captain Miller's house, I came out directly, and you asked me if I knew anything about a revolver and dagger belonging to Captain Fletcher—I said, "Yes;" you asked me whether I sold them; I said, "Yes;" you said, "Will you come down, and show me where it was?" I said, "Yes; I did not know they were stolen," and I took you down to the marine-store dealer's, and there they were? A. Yes.
Holding's Defence. On Friday, 14th January, Hewson came to me, and said, "I have got a pistol and dagger my friends have given me, thinking we were going out to New Zealand, will you sell them for me?" I said, "Let me look at them." He brought them to me, and I said I would try; he said, "Whatever you get for them, I will give you half." I was down in Woolwich, and having occasion to go into the marine-store dealer's shop, I showed the things to him, and sold them for a sovereign. I gave my right name and address. I heard nothing more about it till last Monday week, when I heard that Corporal Hewson had been locked up. I spoke about it to the men in the room at Captain Miller's, and told him how it had occurred. About an hour after that the constable came down; he asked me if I knew anything about a revolver and knife. I said I did, and I took him to the shop where I sold the things.
Hewson's Defence. On Thursday evening, 14th January, I saw Holding in his room; he pulled down a dagger first. I asked him what he had got there that he wished to sell. I said, "Are they yours or your master's?" he said, "They are my own. I have had them some time." He asked me to sell them for him, and he would give me half the money. I took them to Evans; he tried to sell them, and could not I got them of Evans again, and gave them back to Holding; he came to me on the Friday evening, and gave me eight shillings, and two or three days afterwards he said to me, "Do you think the person who I got these from will miss them?" I said, "I don't know; if you have not got them honestly, I would rather give you the money back again." Now, in the Court here, he has offered to give me money to say nothing about it.
Sergeant Major Meredith gave Holding an excellent character.
HOLDING.— NOT GUILTY .
HEWSON.— GUILTY Confined Six Months.
291. JAMES STRAHAN (34), PLEADED GUILTY before Mr. Common-Serjeant to stealing 4 hearth-rugs, two horse-cloths, and other articles, the property of Christopher Teesdale, his master. Recommended to mercy by the prosecutor. Confined Six Months.
Before Mr. Recorder.
JOHNSON— PLEADED GUILTY .— Confined Two Years.
MESSRS. CLARK and POLAND conducted the Prosecution.
JAMES BRANNAN . I live at 39, Redman-street, St. Luke's—before 9th January, I had been watching the New Half-way beer-house in Blackfriars-road—I have frequently seen the prisoner Smith go in there with Frederick Smith, who is since dead—in consequence of information, I went in on 9th June, accompanied by several officers—I entered by the door in Webber-street, and the other officers by another door in Gray-street—I then saw the prisoners and Frederick Smith in conversation—I pointed Frederick Smith out to the officers, and he disappeared into the back parlour—we went in, and saw him take two purses from his pocket, with a quantity of loose silver, and drop it on the ground—Fife picked up six florins and three half-crowns, all counterfeit—one purse contained 2l. 13s. 10d. in silver, and 5l. in gold—Frederick Smith said that it was his money—the female prisoner was exceedingly violent, and threw away a florin, which Shaw picked up, and handed to me—it was bad—Inspector Brannan brought Johnson into the room, and gave me these four bad florins—the female prisoner gave the name of Ellen Jones at first, and afterwards Ellen Smith.
Cross-examined by MR. COOPER. Q. Had you known her as Smith? A. I know her by the names of Doubs, Jones, Smith, and five or six other names—I know her living with Smith but not at their last address.
MR. CLARK. Q. Within what period? A. Three or four years, or it may be five—she has taken the name of Smith and Jones for the last three or four months—she has usually lived with Smith for the last four or five months, but part of that time she has gone by the name of Jones—I should have called her Jones.
JOHN FIFE (Police-inspector, G.). I went with Brannan to the Half-way house, and saw Frederick Smith and the prisoners—I picked up the packets that were thrown on the ground by Frederick Smith, and handed them to Brannan.
JOHN SHAW (Police-serjeant, F. 11) I saw the female prisoner at the end of the passage with Frederick Smith, and the man who has since died—I pushed her into the parlour where Frederick Smith was—she was very violent—she said, "What are you doing with my old man? oh, it is Brannan," at the same time rushing towards the fire, and throwing a florin from her hand—I picked it up; it was bad.
WILLIAM WEBSTER . This com, thrown away by the prisoner Smith, is bad, and of 1859, and in the packet, thrown away by Frederick Smith, are six florins, from the same mould as this—here are about 600 counterfeit coins altogether.
SMITH.— GUILTY .**— The Jury considered that she was acting entirely under the control of Frederick Smith.
Confined Two Years.
MESSRS. CLARK and POLAND conducted the Prosecution.
ELIZA WINTERSON . I am barmaid at the Crown and Cushion, Westminster-road—on Wednesday night, 6th January, the prisoners came; East-wood asked for half a quartern of gin, which came to 2 1/2d., and gave me a half-crown—there was not sufficient change in the till, and I took 2s. 6d. for it from a shelf where some glasses were standing—I placed the half-crown under some small silver there; there was no other there—I gave him the change, and they drank the gin and left—they came in again in two or three minutes with some other people—Eastwood asked for a pint of old
ale, and a glass of gin for the waterman outside—the ale came to 2d. and the gin to 3d.—he gave me a half-crown—I got change from the same shelf, placed the half-crown under the other one, and gave him the change—he went and sat down by the men who he had brought in, and the woman remained sitting by the bar—she said to me, "That is the way he always serves me when he comes out; give me half a quartern of hot gin"—I served her, and she gave me a half-crown, which she took from her muff—I put it on the shelf with the other two, and gave her 2s. 3 1/2d. change—Miss Hart, another barmaid, came to relieve me at 12 o'clock, and after I had gone away ten minutes she called me into the bar and gave me two bad half-crowns—the prisoners were still there, and I accused them of giving them to me—Eastwood said that he did not give them, and Smith said she had no idea it was bad—I gave those two coins to the prisoner, with the third, which Miss Hart afterwards gave me—I had not served any one after the prisoners gave me the half-crowns.
Cross-examined by MR. RIBTON. Q. How many were serving in the bar? A. Only myself; we were not busy—there were about three shillings worth of sixpences in the till, and some shillings; about ten shillings altogether, which had been put there during the evening—I cannot tell whether any change had been given from it—there was no one to give change but me—Miss Hart was very ill that night, and kept in the parlour till 12—I had been serving all day.
Smith. Q. Did you give the change for a sovereign or did Miss Hart? A. Miss Hart changed a sovereign for this young man, and she took one of the half-crowns which I had placed there.
MARIA HART . My brother keeps this public-house in the Westminster-road—I sometimes serve for him in the bar—on 6th January, I went into the bar between 11 and 12 at night, and a young man, named Wilks, came in for change for a sovereign, which I gave him all in silver—I had some change in a box, but it was not sufficient, and I took one half-crown from the shelf to make it up—there was no other half-crown there, but 7s. 6d. was left—I am in the habit of keeping 10s. there for change—there were some half-crowns among what I took from the box—I did not give change to anybody else, and a short time afterwards Mr. Wilks brought me a bad half-crown—I knew him well, and let the matter stand over till the morning—a customer afterwards gave me a half sovereign to change—I went to the shelf where the silver was, and found two half-crowns, which the barmaid had changed for small silver, and five shillings in small money—I found that the two half-crowns were bad—I left the potman in the bar, went to Miss Winterson's bed-room and told her—she came down directly and accused the prisoners—Smith said that she was not aware of it—I do not recollect what Eastwood said, I was so confused—I had left 10s. there in silver that evening, but there were no half-crowns, nor had I placed any on the shelf—Wilks came over with the half-crown next morning—I gave it to the barmaid, and she gave it to the constable—I do not think the woman knew that the money was bad.
Cross-examined. Q. Did you serve in the bar that evening? A. Not until half-past 11—I saw the prisoners there when I took the first half-crown from the shelf—Miss Winterson had not then left—she remained sufficient time to give change for the two half-crowns; half an hour I should think—she goes at 12 o'clock—neither the potman nor my brother serves in the bar—Miss Winterson was there by herself—I went in and out, but did not stay—my sister was there on a visit, but she did not serve.
THOMAS STOW (Policeman, L 190.) On Saturday night, 6th January, about half-past 1 o'clock, I was sent for to the Crown and Cushion, and the prisoners were given into my custody—Eastwood said he had paid a half-crown, but did not know it was bad, and Smith said the same—I received the two half-crowns—I searched Eastwood at the station, and found 7s., a sixpence, and three half-pence.
Smith's Defence. I was not aware the half-crown was bad; I heard the gentleman say, "I have taken a bad half-crown of you," and if I had been guilty I should have gone away then; we were there till half-past 1 in the morning,
NOT GUILTY .
Eastwood received a good character.
MESSRS. CLARK and POLAND conducted the Prosecution.
WILLIAM SMITH . I am landlord of the Colleen Bawn public-house, Blue Anchor-road, Bermondsey—on 18th January, a man, who I believe to be the prisoner came, and I served him with half a pint of porter—he gave me a half-crown—I put it in the till, gave him 2s. 5d. change, and he left—my servant was present—I then went to the till, and found it was bad—there was no other half-crown there—I put it on a shelf, and went in search of him, but could not find him—I gave the coin to the constable.
Prisoner. I did not give it.
FREDERICK HELLENDOAL . I am servant to Mr. Smith—I saw the prisoner there on 18th January, and can swear to him—I saw my master serve him, but did not see what coin he gave, as I Was on the other side of the bar—after he left my master spoke to me.
Prisoner. I cannot speak because I am tongue-tied.
KEZIAH SMITH . My brother-in-law keeps the Blue Anchor—on 21st January the prisoner came for half a pint of beer, and gave me a half-crown—I put it in the till, and gave him 2s. 5d. change—I had a little small change there, but no half-crown—the prisoner left, and returned in about an hour and a half (I had found out then that the half-crown was bad, and placed it on a shelf at the back of the bar)—he tendered a bad florin—I said, "This is bad"—he said, "I did not know it"—I said, "I have seen you before, this evening; you were here a little time back, and had half a pint of beer, and gave me a half-crown that was bad"—he said, "No it was not half a crown, it was a shilling I gave you"—I gave him in charge, with the half-crown and florin.
Prisoner. It was a shilling I gave you, and you gave me 11d. change.
Witness. No, it was a half-crown—you said afterwards, "If you think it was me who gave you the half-crown, I will give you another for it"
ROBERT GRIFFIN (Policeman, M 91.) The prisoner was given into my custody, with the half-crown and florin—I afterwards received another half-crown from William Smith—I found on the prisoner a good half-crown, 13d. and a ring.
Prisoner's Defence. I went in there on Thursday evening, with a shilling, about a quarter to 7, and the woman gave me 11d. change. I went in an hour afterwards, and she said that I had been there before, and gave her a half-crown. I said, "No, it was a shilling." The barmaid said, "That is
not the young man who gave the half-crown." The landlord said, "I think it is." She gave me in charge.
GUILTY .— Confined Nine Months.
MR. WOOD conducted the Prosecution.
HARRIETT SEERS . I am the widow of John Seers, and live at 6, Pleasant-row, Essex-street, Southwark—my brother, William M'Donald, was a labourer in the Borough-market—he had been earning his living that way on New Year's Day—I took a walk that day with my sister to see the new street which was opened, leading from London-bridge to Stamford-street—we went into the Southwark Arms tavern about 8 o'clock, and saw my brother there, and the prisoner—the prisoner put his arms round my sister's waist—my brother said, "Don't you take liberties with her, because she is a married woman"—the prisoner said, "You b——hoppy, I will give it you before the night is out"—I took my brother out, and my sister and I went home—I went round again between 10 and 11 o'clock, to get my brother to come home to his supper—I said, "It is very cold"—he said, "What will you have to drink?"—I said, "A little drop of gin and water"—he called for it, and I drank it—while I was drinking it my brother went out of the house—I went out to look after him, and found him insensible upon the ground—he never spoke to me afterwards—I saw the prisoner in the place the second time, but not a word was said by him to my brother—my brother was found to be dead, and was carried home—he used to support me and my four children.
Cross-examined by MR. LILLEY. Q. Did you remain in the house until you received some information which induced you to go outside? A. Nobody told me anything, but I went outside and found my brother insensible—I was examined before the Magistrate and the Coroner.
SARAH TAYLOR . I am single, and live at No. 4, Star-court, Mint-street, Borough—on 1st January, about a quarter to 12 o'clock, I was standing at the corner of the new street, opposite the Southwark Arms tavern, and heard a female call out, "Don't kill my brother, he is a cripple"—I went over to the place, and saw my brother fighting with the deceased, whom I knew by sight, but not personally—they were having a regular fight, and the prisoner knocked the deceased down—I saw them both come out; the prisoner hit the deceased first, and he fell down by the force of the blow—it was under the ear—I picked him up, and seated him against a door-post—the prisoner hit him twice on the mouth before he fell—while he was leaning up against the window I held him up, and the prisoner came and hit him again, and made a kick at him, and then went round the corner—it was not I who told him that the deceased was a cripple—I picked him up and found he was dead—the prisoner ran towards the Borough-market—the prisoner kicked him violently when he was down, towards the chest, and it was a very forcible blow that he struck him on the head.
Cross-examined. Q. What were you doing? A. Speaking to a gentleman—I am single—I suppose you know how I earn my living without my telling you—I was never in the Southwark. Arms, and I do not know what passed in the house—I saw the deceased come out—the prisoner came out immediately after him—after the prisoner had kicked the deceased he went round the corner—I had just picked him up, and stood him against the shutter, and be knocked him down again, and kicked him, while I was close to him—I observed that he was dying, and I put my hand on his eyes,
and he was dead—I am not an acquaintance of Mrs. Seers; I never saw her before—I had no connexion with the prisoner beyond telling him not to kick the deceased because he was a cripple—the deceased was alive when I picked him up.
MR. WOOD. Q. Did you know him before he was picked up? A. Yes, but not to speak to him—he was a cripple—I never saw a drunken man run away as the prisoner did.
JOHN TAPPERS . I am a smith's hammerman, of 9, Queen Charlotte-street, Bankside, Southwark—I knew the deceased, William M'Donald—on 1st January I went into the new tavern, the Southwark Arms, at the corner of the new street—I saw the deceased there—I called for a pint of beer, and asked him to drink out of it, which he did—the prisoner came in shortly afterwards, and they began to fall out about a half-crown that M'Donald had had given him for a Christmas-box—I finished my beer and walked out through the bar—I afterwards had half a quartern of gin and some water, and then went back—I returned in twenty minutes, and they were still falling out—I said to the landlady, "I am not accustomed to be where there is wrangling," and as I was going out the deceased's two sisters came in—I went to the side bar and heard them wrangling, but could not see them—I saw the barman jump over the bar and attempt to put the prisoner out, but there was no fighting then, because I went outside—I went in and came out again, and found them lying in the passage of the side bar fighting, sometimes one was uppermost and sometimes the other—I did not see who began it; they left off when I parted them, and went into the house again—I could not see who was the most violent—I had a pint of beer and a pipe—I went out—the place was all clear then; there was nobody there—I do not know whether the occurrence had taken place then or not.
Cross-examined. Q. Have you known the deceased before? A. Eight or ten years—I have seen the prisoner twice—I have seen him and the deceased on friendly terms twice before—it was 8 o'clock when I first went to the house, and nearly 9 when I went the second time—they were both very tipsy indeed when I saw them, at half-past 10.
ROBERT BROKER (Policeman, M 167). From information I received I looked after the prisoner, and met him in the Dover-road, about 3 o'clock in the afternoon of the 2nd January—I said, "You are the man I am looking for; you will have to go to the station with me, on the charge of causing the death of William M'Donald"—he said, "You have made a mistake"—I said, "I am sure I have not, and you will have to go with me"—he said, "Very well"—I said, "Be careful what you say to me; whatever you say I might use against you some other time as evidence"—he said, "I was fighting with a man last night; he struck me, and his sister scratched my face, as you can see, but I did not know the man was dead."
Cross-examined. Q. Was his face scratched? A. Yes—I did not know him before that time.
THOMAS WOOD . I am a surgeon, of 54, Union-street, Southwark—on Saturday morning, 2nd January, between 12 and 1 o'clock, I was called to 6, Pleasant-place, Essex-street, and found McDonald perfectly dead—I opened his body the same evening; the chest was perfectly healthy, but there were nine bruises on it outwardly—I do not know how blows could have made them, as it was on the part protected by the arm—I can only account for them by kicks—there was an abrasion of the cuticle on the right elbow and left knee, all the viscera were perfectly healthy—the face was very much bruised, the left eye was very much swollen, and the right very livid—on
opening the scalp the vessels behind each ear were congested with black blood, which I attribute either to a blow or some such violence—a blow would undoubtedly have caused it—it must have been by the fist or some blunt instrument—I cannot say that it would be likely to be occasioned by a fall, because there would have been more abrasions and cuts—the brain was perfectly healthy; there was no lesion and ho effusion, but the vessels at its base were very much congested with black blood—it is undoubtedly my opinion that death was not produced by natural causes.
Cross-examined. Q. Looking at the state of the brain and scalp externally, is it not consistent with your experience that he might have fallen on the kerb or some hard stony substance? A. Falling on some blunt instrument, such a thing is possible—I cannot for a moment conceive that a man's skull falling on a hard granite kerb would be sufficient to cause the appearances I saw, because you would have had it on the upper part of the head and not in the soft part of the neck—nothing would hinder a man falling on the soft part of the neck, but it would not produce such an effect—if he fell from intoxication heavily on the kerb, it is possible, but very improbable that it would have produced that injury—I have seen many blows, but I never saw an abrased skin on the chest from a fist—I have never examined a man after a prize fight—death was due to the injuries at the base of the brain—there was no extravasated blood on the brain; it was a congested state of the vessels.
MR. WOOD. Q. Suppose he had fallen with his neck on some kerbstone, would the effect produced on the neck extend to the brain? A. Such a thing might be possible, but we had it on both sides, so he would have to get up again and fall on the other side—there was no mark of his falling on the edge of the kerb—he was perfectly dead when I saw him, and his stomach was empty when I opened it—there was no effluvia of spirits from it, but it was some hours afterwards—if he had been drinking spirit to an 'excessive amount I should naturally expect to find an odour of it, but not of beer.
MR. LILLEY. Q. Suppose there was congestion, would not that extend over both sides? A. There was no rupture of any vessel—if congestion was occasioned by a blow on one side I should not expect to find the vessels on the opposite side congested.
JURY. Q. Were there outward marks? A. No; but the parts were livid and congested—there were no marks behind either ear—if there had been such a blow as to produce a congested state of the vessels, I should not expect to find the mark of it if done with the fist, but with any hard instrument I should.
GUILTY .—The police stated that he had been sentenced to a month's imprisonment at Southwark Police-court for kicking a woman.— Confined Twelve Months.
296. JOHN BROOKS (20), and ROBERT GRANT (16) , Burglariously, breaking and entering the dwelling-house of Rupert Ridgway, and stealing therein 19 petticoats, 9 pairs of drawers, 11 jackets, and other articles, his property.
MR. GENT conducted the Prosecution.
ELIZA RIDGWAY . I am the wife of Rupert Ridgway, at 350, Albany-road, Camberwell, and am a laundress—between 1 and 2 on the morning of 25th January—we were called up by two constables—I found the place had been entered by the window—I missed some body-linen, and a quantity of flannels, petticoats, and drawers—I went down to the station the same morning, and identified the things as the property I had to wash—they
belonged to persons for whom I washed—I had seen them safe about 11 on the same night in the laundry, which is part of the dwelling-house—there are two folding doors leading into the back parlour—the basket was taken—that was mine—I did not fasten up the place, only a door that leads to the kitchen, at 11 o'clock—the other doors were fastened up at half-past 10—I know nothing about the state of the windows.
JOHN SMITH (Policeman, P 261). On the night of 25th January, I was in the Camberwell-road, about half-past 12, and saw the prisoners there carrying a clothes-basket, and a bundle—I asked them where they were going—Brooks stated that he was going to take them to his mother in Brandon-street—I asked him where he got them from—he said he had been to get them from Prince's-street, Albany-road—knowing there was not such a street in the neighbourhood, I told him I should wish him to go back to Prince's-street—another constable came up, and we went 400 or 500 yards down the Albany-road, when Brooks dropped the basket and said, "We won't trouble you any further, it is all wrong; you have got us to rights"—we then took them to the station—Grant did not say anything—I showed the property to Mrs. Ridgway—I went back with another constable and examined Albany-road till I came to 350—I there found a side-gate leading to the rear, open—I made a further examination, and found the laundry window and door open—I aroused the inmates and Mr. Ridgway came down with his brother Mr. Little—the other constable saw some marks on the window.
COURT. Q. What was Grant doing when you saw them? A. Carrying the bundle over his shoulder—they were carrying the basket jointly.
Brooks. It is false. I had the bundle; the words I said to the constable were, "It is no good going any further, for I know nothing about them." I said nothing about it being all wrong.
JOHN COLE (Policeman, P 156). I was in the Camberwell-road on the night of 25th, and saw the prisoners in Smith's custody—he handed over Grant to me, and told me to go with him for he bad got a bundle—I said to Grant, "Where did you bring this from?"—he said, "From Prince's-street"—I said, "There is no such place"—he said, "Come and see, and I will satisfy you," and we went—we did not find Prince's-street—I asked him then where he was going to take the bundle to—he said, "To 18, Brandon-street"—I said, "There is no such number there"—we went about 300 or 400 yards—Brooks then stopped and said, "It is no good going any further, it is all wrong; you have got us to rights"—I then took Grant to the station—I afterwards went to the prosecutor's residence—I examined the premises, and found leading to a side court of the house a seven-foot wall where some persons had got up; there were marks—the laundry-door and window were open—I found some marks of a knife on the window, between the sashes—a knife was found on Brooks which corresponded with those marks—the window had been fastened—the house is in St. Giles's parish, Camberwell.
JAMES LITTLE . I live with Mr. Ridgway—I fastened up the house on 25th, between 10 and 11—I fastened the laundry door top and bottom—there was no fastening to the window—it was generally secured with a wedge—it was closed.
Brooks' Defence. I was going down the Albany-road on this night, and saw something white lying in the garden. Grant came up to me, and I spoke to him about it. I then went in and picked it up, and it was these
clothes. The two constable's came up and asked me where I was going with it, and I in the flurry of the moment told them the wrong direction.
Grant's Defence. I know nothing at all about it—he only asked me to help to carry it.
BROOKS was further charged with having been before convicted in March, 1838, at Newington, in the name of Edward White, and sentenced to four Year's Penal Servitude, to which he
PLEADED GUILTY.**— Six Years' Penal Servitude .
GRANT.— Confined Twelve Months.
Before Robert Malcolm Kerr, Esq.
MR. LEWIS conducted the Prosecution.
CHARLES NUGENT . I am box-keeper at Astley's Theatre—the prisoner has been my assistant since the middle of December—he received money and booked places, sold tickets, and took charge of money—on 2nd January, he ought to have had 60l.—about a quarter to 11 I went to the theatre and saw him there in tears—I asked, him what was the matter—he said that the money was all gone—I asked how—he said the cupboard had been broken open in which he had deposited the money the night before—I asked him how—he said that on coming to the office the look fell down at hid feet—I said that it was very strange, and took him into a private room—the cupboard was in the box-office—his father arrived at the moment—I took the prisoner into the room and spoke to him of the loss—I said that I was willing not to give him in charge if he thought fit to arrange it; but on his not doing so, I should proceed to the station—there were two keys to the cupboard, he had one and I had the other—he was bound to account for the money at any time he was applied to—ordinarily he cleared up every night—this was Saturday morning—he would have to account to me that morning—I mentioned that I had observed some words on hid blotting-paper beginning, "My dear Pet," and going on to say that he was minus 7l. 10s.—he made no answer—I examined the cupboard, the lock was off—I pointed out to the prisoner that there was no violence to the look—he said nothing.
Cross-examined by MR. COOPER. Q. Did the prisoner sign the tickets? A. Yes, and took the money—the tickets are taken by the check-taker—the prisoner would pay me according to the entries—sometimes double tickets are issued by mistake, and are so entered—there was some mistake about Christmas, amounting to 7l. 10s.; the prisoner was charged with that, and paid the money—he never complained of the cupboard being unsafe for money—he paid the money to me in the office; once be paid in a room up stairs, and once he paid me 2l. or so in the Haymarket—I had received for the Friday night's performance 60l.—there was a performance on Saturday morning, and an evening performance, and some nights on the following week—people had taken their places in advance.
MR. LEWIS. Q. At the time the prisoner settled the 7l. 10s., had be to account for a larger sum of money? A. Yes; I should have cleared him of his money on the Saturday, after or during the morning performance.
HENRY HEATH (Police-inspector, L). I went to the theatre on this morning—the prisoner handed me the lock and key; he was crying—he said that it had been wrenched off the cupboard during the night, and 60l. stolen—I asked him what time he left the theatre—he said he left about half past 11 with four of the box-keepers, after assisting them in covering up the seats and decorations—I was in uniform—I had been sent for—he said they went to
the Pheasant, having 3 1/2d. each to spend; that he found he was getting the worse for drink, and not having the key of his door, he walked the streets all night, and came to the theatre about 10 that morning, and when he put the key into the lock, the lock fell at his feet—I examined the lock, and saw marks on the top of it and on the bottom, and marks on the wood-work, corresponding more especially with the mark on the top of the lock—the bolt was out, as if it was locked—I asked the prisoner if he saw the screws—he said he only saw one, but he did not know where it had gone to—there should have been four—I found one small screw on the floor—that was the only one I found—I examined the hasp; it was perfect, and the bolt was perfect.
JAMES RANDALL (Policeman, L 119). I was on duty at Astley's Theatre from 10 o'clock on Friday till 6 on Saturday morning—during that time, no one came in except the sergeant to visit me, and Mrs. Pound, whom I let in at 5 o'clock in the morning—I went round about 10 minutes past 12—all the doors were bolted then—I found none of them afterwards unbolted.
EDWARD WADDINGHAM . I am sub-gasman—it is my duty to light and put out the gas in front of the house—on the night of 1st January, I went round at half-past 12 to put out the gas—there are eighteen burners—they were all out—I met the prisoner; he addressed me, and said he had put out the gas for me, which he would do every night to save me the trouble—I thanked him—he had never done so before—there is a corridor leading round the boxes, and then, from the corridor, a box-office at the foot of the stairs—he put out the gas-light in the balcony, and two burners at the top of the stairs—I met him at the top of the stairs—I had been gone up a back staircase out of the pit—no one has a right to touch the gas except myself.
Cross-examined. Q. How is the gas turned off? A. By hand—it takes me about four minutes—the chandeliers in the entrance-hall were burning when I came down stairs.
PETER RANDALL . I am employed at Astley's—I saw the prisoner on Saturday morning, 2d; he came to me at the stage-door entrance—he pretended to cry—I asked him what was the matter—he said some one had broken open his cupboard, and taken 60l. out—I said, "I will go with you and see"—I went with him, and examined the cupboard and lock—I said, "There has been no stranger here; whoever has done it has opened the cupboard with your key, or one similar to it."—he made no reply—I could see the lock bad not been forced, and I said so—I examined the screw-holes; they were not broken, they looked as if taken out by a knife—I asked him if any one was with him when he locked the money up—he said there were two or three with him—he did not name the parties—I asked him if he had returned after he had locked the money up—he said, "Yes"—I asked him what his object was in returning again—he said, "To see it all was secure"—I then asked him if he went direct home—he said he did—he appeared to be under the influence of liquor, and looked as if he had been out all night.
Cross-examined. Q. By what door do you leave when all is over? A. By the stage-door.
MARY ANN POUND . I am employed at Astley's—I went there on 2nd January, at 5 in the morning—I saw the constable, who let me in—I was there till half-past 8, when some other women came—the policeman went away at 6.
Cross-examined. Q. Was there any one else there? A. Not till the other women came at half past 8.
THOMAS HACK . I am treasurer of Astley's—on that morning, on hearing of the robbery, I went round to the box-office, and saw the prisoner—I asked him if it was true—he said, "Yes"—I asked, "How much?"—he said he did not know, but it was all the money up to next Saturday week, exactly a fortnight—I said, "Have you not any idea what it was?"—he said, "About 60l."—I asked where he put it—he begged me to forgive him—I then said something about being such a fool for putting money in such a place as that, and asked why he did not ask me to lock the money up for him—he put up his hand and rubbed his eyes, and said he did not like—he was half-crying. The prisoner received a good character.
— NOT GUILTY .
Before Mr. Recorder.
MR. ORRIDGE conducted the Prosecution, and MR. PATER the Defence.
GUILTY on the Second Count. — Confined Eighteen Months.
MR. LILLEY conducted the Prosecution.
BENJAMIN SMITH (Police-sergeant, P 5). About a quarter to 1, on the morning of 20th January, I saw at the back of the house No. 3, St. John's-road, Brixton, which is occupied by Mr. John Feltoe, a light at the back-kitchen window, outside; it flickered, then it disappeared, and then reappeared—I heard something like the breaking of glass, and then the light disappeared—I looked, and saw Hanson come on to the lawn at the back of the house, and I placed two constables, Rose and Phillips, at the back of the premises, and went for further assistance—on my return Rose and I dropped a fifteen-foot wall together—he took hold of Hanson, and I took up these two life-preservers at his feet—I did not hear Hanson say anything; he was on his knees—he had no shoes, stockings, coat, handkerchief, or cap on—I found two pairs of boots close behind where he was kneeling—I saw Manley about three minutes after that—he was taken from the back-kitchen window—the prisoners were taken to the station—I came back for the boots, took them to the station, and the prisoners owned them, and put them on—I examined the house—the kitchen window had been pushed up, and this iron bar (produced) forcibly pulled out.
Cross-examined by MR. WARTON. Q. How was it you took the prisoners to the station without their boots? A. We took them as we found them; we did not give them time to put on their boots—we had no time to think of it, and they did not ask for them—it had been raining.
RICHARD ROSE (Policeman, P 110). I was with Smith; I saw and took Hanson—I caught hold of him by the hair of his head—he said, "Don't hurt me; let me put my boots on"—I caught him by the hair of his head, because he had no hat on, and it was the best place to hold him by—he had no jacket or coat on—immediately afterwards I heard Manley call out, "Here is another one, sir," and he was apprehended by Phillips—I took Hanson to the station, and found on him these gloves, this knife, and some lucifer matches—he made no remark.
Cross-examined. Q. Was Smith with you at the time you took Hanson? A. Yes, he was close by me; we dropped off the wall together—Hanson was kneeling down under a porch which comes out from the drawing-room window—Hanson asked me for his boots—I do not think Smith heard that,
because the alarm was given for the men to look out in front—I think he was hallooing out to those in front—it would not have been impossible to have taken Hanson by the waistcoat, but I was anxious that he should not get away.
WILLIAM PHILLIPS (Policeman, P 228). I took Manley—he was lying behind a shrub, under the verandah, with no shoes or boots on—I searched him at the station, and found in his possession this chisel, a gimlet, a screwdriver, a knife, a centre-bit, a pair of gloves, a handkerchief, and some lucifers—these are instruments which are used in housebreaking—the knife had been recently used—the window-catch was examined by the inspector.
Cross-examined. Q. Is that centre-bit complete? A. No, but you can use it without the other part—it would go into a nine-inch wall, pretty well—I did not hear the prisoners ask leave to put their boots on.
MR. LILLEY. Q. Although that is not a complete instrument as it is used by carpenters, is it complete enough for the purpose? A. Yes, it is complete for practical purposes.
JOHN FELTOE . I reside at No. 3, St. John's-road, Brixton—on the morning of 20th January, about 1 o'clock, I was disturbed by hearing a noise—I came down stairs, and found the prisoners in custody—I found the back-kitchen window open, and this bar broken away—the window was closed when I went to bed, and the bar was there—this is one of the two bars which were outside the window—the ends were fixed in the wall by screws, and it was forced out without being unscrewed—there was a common hasp to the kitchen window—this knife is sufficiently thin to pass through the Bashes, and force back the hasp.
Cross-examined. Q. Would any other knife as thin as that go through your sashes? A. Of course.
GUILTY .—MANLEY was further charged with having been before convicted in February, 1863, at Hammersmith, in the name of George Williams; to which he
PLEADED GUILTY.*— Seven Years' Penal Servitude.
HANSON.— Confined Eighteen Months.
There was another indictment for burglary against the prisoners.
JOHN JOHNSON . I am assistant to Mr. Walters, a pawnbroker of Aldersgate-street—on 7th May last, the prisoner came about 3 o'clock, and gave a ticket up to redeem a ring—the shop was then full of people, and he said he would call for it in an hour's time, and went away—he called about 4 o'clock, and redeemed the ring—directly he went out a female came in, and offered to pledge a pair of ear-rings—after a conversation with her, I declined to take them, and got the assistance of two constables—the prisoner was not with her at that time—when I returned with the two policemen the prisoner was in conversation with the woman at the box-door, the side-door of the shop—the policeman, Hills, pushed them both into the box—I told him what the woman had stated, gave him the ear-rings, and told him to do as he thought proper—he took them into custody—on their leaving the box, I went round to see if they had dropped anything, and found three pairs of ear-rings on the floor, rolled up separately in paper—I took them down to the Moor-lane station, and gave them to Hills.
Prisoner. Q. Did you see the woman fumbling as if she was trying to pass something? A. Yes; I saw you fumbling together, as though you were
passing something from one to the other—I did not observe whether you took anything from her.
COURT. Q. Had you known the prisoner before? A. No—I did not take in the ring that he came to redeem—it was brought some months before by a woman.
WILLIAM HILLS (City-policeman, 150). On 7th May, about quarter-past 4 in the afternoon, I saw the prisoner talking to a woman outside Mr. Walter's shop-door—she was pointed out to me by the last witness—I put my arms round them both, and took them into the shop—the ear-rings were given to me by Johnson—the prisoner made a struggle inside the shop, and tried to get away—with the assistance of another constable I took the female and the prisoner to the station-house—the prisoner went quietly after I got him outside the shop—I found on him four pairs of ear-rings, 6l. 6s. 5d. in money, a knife, and a pencil-case—this is one of the four pairs of ear-rings (produced)—they were remanded, and then discharged by Alderman Humphery—no one appeared to claim the property—it was kept by the police, and I found the owner of it the day after—I did not see the prisoner again till 11th January, when he was in the custody of Sergeant White, who asked me if I knew him—he denied that he was the man who was in custody before; be gave the name of Arthur Gladsdale when I first took him—on the morning of 25th May, I received information that there were some boxes at 15, Lambeth-square—I went there, and found them—they contained jewellery and clothes—jewellery worth about 50l. was identified by Mr. Reuben; a small box contained it—that is here, locked up up stairs.
Prisoner. Q. Where did you derive your information as to those boxes being removed to Lambeth-square? A. I don't think I am obliged to answer that question—I received information from a sergeant of the L division—I found the ear-rings in your left-hand coat-pocket; each pair was done up in a separate piece of paper.
ELIZABETH HUTCHINSON . I live at 22, Ponsonby-terrace—in May last I was residing at 43, Ponsonby-place, Pimlico—I know the prisoner—about 25th or 26th April, as near as I can recollect, he came and took a furnished room of me—a woman came with him as his wife—they remained with me till 7th May, then left, and returned about the 19th, and stayed till the following Sunday, about four days—I did not see him bring any property there—he had some boxes—I saw a box here yesterday; that was the same box he took away from my place—I was not examined before the Magistrate on this charge.
Prisoner. Q. During the time that elapsed from my departure till the time of my re-appearance, did you have possession of the luggage found in the room? A. Yes, you left your goods behind—there was ladies' wearing-apparel, and a pair of trowsers, a waistcoat, and a pair of boots—those were the principal things—the large box that I saw yesterday was not there then; that was brought on 20th or 21st May empty—there were two brown leather portmanteaus and two bags there when you left; both the portmanteaus were unlocked—the key of the room was left in my possession—I just looked into the luggage; I did not see anything suspicious in it—I saw no jewellery—when you returned you brought a man, whom you introduced as the brother of the woman who is now undergoing twelve months' imprisonment—he brought the large box, and it was removed by him on Saturday evening.
MR. GREENOAK. Q. Was the prisoner there on the Saturday night when
the box was removed? A. Yes, he was there at the time, I believe; he was in and out all day Saturday, backwards and forwards.
Prisoner. Q. Can you say positively that I was there at the precise time the box was removed? A. I don't think you were in the house at the time the box was taken away—the other party took it away.
ELIZABETH PICKARD . I am the wife of Thomas Pickard, an engineer, of 15, Lambeth-square—I know the prisoner; he brought two or three boxes to my house on Whit Sunday of last year; two I have seen in the court—there was another man with him; he brought the boxes to a lodger of mine, named Weymouth, who told me he had met the prisoner on Westminster-bridge, and that he was going in the country the next morning—he took the boxes down stairs into the kitchen to the lodger, and stayed with him all the Sunday—the boxes remained in the kitchen until the policeman fetched them away at 3 o'clock on the Monday morning—the prisoner went away on the Sunday evening—I don't know what became of him—I heard the prisoner ask for Mr. Weymouth, and Mrs. Weymouth said, "It is all right," and they went down stairs—the cab was up at the top—they could not get in, because the gates leading into Lambeth-square are not open on a Sunday.
WILLIAM HILLS (re-examined). On Whit Monday, 25th May, about 3 in the morning, I went to 15, Lambeth-square, and saw the husband of the last witness—I asked him if he had some boxes, brought there the day before—he said, "Yes," and showed me down into the kitchen, where they were—I asked Weymouth if he had any objection to my taking them away—he said, "No, not in the least," and I took them to Tower-street police-station I left a constable at 15, Lambeth-square, and about half-past 9 in the morning, the woman who has been convicted, and who the prisoner represented as his wife, came there for the boxes—I afterwards assisted in searching the boxes, and found about 50l. worth of jewellery, rings of different descriptions, and other things, all in a small box together, inside the large leathern box which Mrs. Hutchinson spoke of—the woman was remanded three times, and then discharged because she was married—the prisoner was discharged on 19th May.
ROBERT HARDINGHAM (Policeman, L 163). On 25th May last I was left in charge of the house in Lambeth-square—I apprehended the woman, and took her to the station—she was the same woman who had been in custody on 7th—I had not seen her; it was proved at the trial—we opened the boxes—in the large box was a small one containing a quantity of jewellery, which was all identified by Mr. Reuben—he is here.
Prisoner. Q. Do you happen to know that this woman's brother, the man who removed that large box, is the very man who gave information at the police-court? A. He did not give the information to me; I got my information from a sergeant, L 1; he is hot here—I don't know where he obtained his information—I did not see you in the neighbourhood when I apprehended the female.
RICHARD WILLIAM WHITE (City-policeman, 59). On 11th January, about half-past 7, I went into the Surrey Coffee-house, near the Surrey Theatre, Blackfriars-road—I was in plain clothes—I passed into a box in rear of where the prisoner was sitting, waiting for refreshment—he then had a muffler round his mouth—an altercation ensued between him and the landlord respecting a man who came in there begging, and the moment the prisoner spoke I recognised his voice; he had been charged before me, as the station-sergeant before—I said to him, "I am an officer in the
City, do not you recognise me?"—he said, "No"—I then said to him, "I shall apprehend you, Arthur Gladsby" (I called him, having forgotten his name) "for having in your possession on 7th May last several gold ear-rings, out of the produce of a quantity of jewellery stolen from the South Eastern Railway-station on 4th May last"—he then pretended to be drunk, and attempted to escape out of the back of the coffee-house—I stopped him—he said, "You don't know me"—I said, "Yes, I do, and am going to take you to Moor-lane station, and I will indulge you with a cab if you are drunk"—I took him there and charged him, and he was recognised by several other officers—on the 19th May, when the prisoner and the woman were discharged, we detained the property—this brooch was taken away from the woman on the 7th May, and the ring was also found on her—the prisoner said, "That ring and brooch I purchased, and made her a present of; it is my property, and she ought to have it"—it is part of the jewellery stolen from the prosecutor.
Prisoner. Q. When did you make that statement, on the first examination or the last? A. On the last; I forgot it at the first, and my attention was called to it by Inspector Knight.
SOLOMON REUBEN . I am a travelling jeweller, and live in New North-road—on 4th May, I was going on my journey on the North Kent Line—I had my stock with me in a leather bag—I set it down to take my ticket in the ticket-office, and when I got my ticket, I came out to take my bag with me into the carriage, and it was gone—it contained jewellery and watches worth about 800l. or 900l.—I next saw some of the jewellery at Moor-lane Station, on Saturday, 22d May, about two or three weeks after I missed it—I have examined the things that are here; they are all my property—they were safe in my bag at the time, and stolen with it.
Prisoner. Q. Did you ever see me, before you saw me in custody at Guildhall? A. I cannot say that I did; I have sold some jewellery which was given up to me last June when the woman was convicted, but this produced now is part of the jewellery which was then given up to me.
The prisoner, in a long address, stated that he did not know anything about the property being stolen, or about the woman having stolen property in her possession; that he met her at the pawnbrokers, and she said she had been in to pledge a pair of ear-rings, which the pawnbroker said were stolen, and that he had gone for a policeman; that the policeman then came up, and pushed them into the shop, and while there, the woman put the ear-rings, found on him, into his coat-pocket, and threw the others on the floor, and that it was the woman's brother, who was very like him in appearance, who had been concerned in the transaction and who now gave information against him to clear himself; he solemnly denied any knowledge of the robbery.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
EDWARD GAGE (Policeman, M 11). On 12th January, shortly after 11 at night, I was temporarily employed in the service of the London and Brighton Railway, on their line in the neighbourhood of Rotherhithe, at the junction between the two lines—I was accompanied by a constable, named Thorne—about half-past 11, I saw two persons pass along the line from Whitepost-lane towards the junction—they stopped against a brick-pillar, and I lost sight of them, but could hear them whispering together—shortly afterwards one of the railway servants came along with a light,
they then went down the embankment till he had passed, and then returned to the back of the pillar—at that time I was close to the pillar, and within a yard or so of the prisoner—I said to him, "What do you do here?"—he mumbled something that I could not understand—I caught hold of him, and called out to my brother constable, "Come on"—the words were scarcely out of my mouth when the prisoner said, "You b——, I will give you 'come on;' " and stabbed me in the face several times—Thorne came up close, to us, and the prisoner struck him over my shoulder, saying, "You b——, I will let you have it"—Thorne did not come to my assistance, and I called out to him, "Stab him; what are you doing of?"—I struggled with the prisoner, and received eight wounds in the face, one on my finger, and one just through the front of my hat—Thorne got hold of the prisoner on the left side, struck him with his staff, and secured him—the other man ran away immediately—I secured the prisoner—as we passed along the line towards the station the prisoner said, "You cannot hang me tonight for this"—we took him to the station, and he was charged—I went to a surgeon, and had my wounds dressed—during the struggle with me, when Thorne had got hold of the prisoner, I heard him throw something away with his right-hand—after he was down the prisoner said, "Are you an Englishman?"—I said, "There is not much English about you"—he said, "No; I am Scotch"—I knew him before, but did not know it was him at the time I took him in custody, but knew him directly I got him to, the light at the station—Dr. Tilby, the divisional surgeon, dressed my wounds—I bled very much; my over-coat was covered with blood.
Cross-examined by MR. LANGFORD. Q. Were you on duty on a piece of land between the two lines? A. Yes; only persons belonging to the company use that embankment—I never saw any strangers there before—I watched perhaps twenty minutes that night—I had been watching for three weeks, and all that time I never saw anybody there, but the servants of the company—the prisoner was about ten minutes behind the pillar—I watched him to judge his conduct; to see whether he was right or not—I seized him round the waist—I have not recovered from the wounds—he was badly used certainly—I did not see that his head was cut, and bleeding very severely—I have no doubt he was struck several times with the staff—I had this felt hat on, and a dark over-coat.
MR. LILLEY. Q. How long were you watching the men? A. About twenty-five minutes—when I took hold of him he was behind a pillar on the embankment—the ground between the two lines is enclosed, and belongs to the railway company.
BENJAMIN THORNE (Policeman, N 245). I was with Gage on the night of 12th January, in plain clothes, on the embankment of the London and Brighton Railway, near Rotherhithe—I saw two persons go along the line from Whitepost-lane towards the junction; when they got there, I lost sight of them for a moment—I was creeping along in front of the sergeant—I heard them talking for some time, and I laid down; presently, I saw a servant coming along the line with a light; they then came down and concealed themselves behind a pillar till he went by; they then went from behind the pillar on to the line—the sergeant passed me and went up to them, and in about half a minute he called out, "Come on"—I went up to assist him, and found him and the prisoner struggling together—I did not see the other man after that: he was gone—directly I came within arm's length, I was struck with something on the nose (I did not know it was a
stab at first), which stunned me for about half a minute—it penetrated the side of the nostrils—when I recovered myself, I heard the sergeant say, "Why don't you stab him?"—before I got the first blow, the sergeant said, "He is stabbing me"—I took out my staff, got hold of the prisoner, struck him on the back of the head twice, and he fell down on his knees—he was resisting up to the time I struck him—on going to the station, I was nearly choked with blood; my mouth was full—I searched the prisoner at the station, and found a piece of candle, a small knife, and about thirteen pounce in money—about an hour afterward, I returned to the spot where the struggle took place, with a lamp, and found this screw-driver, and a cap, which the prisoner owned—going to the station, he said, "If you are Englishmen, behave as such: you can't hang me to-night for this"—he said that two or three times—the next morning, as I was taking him to the Police-court from the station-house, he asked me if my head was tore—he said, "If yours is not, mine is. I wished you had killed me; I am sick of this"—he then asked me if Wright had been hanged the morning before at Horsemonger-lane—I said, "Yes," and he said, "I wish it had been me, instead of him."
Cross-examined. Q. Was not the prisoner in a very bad shape? A. I believe his head was bleeding—I gave him two blows—he looked all right next morning; but he said his head was sore.
SAMUEL TILBY (M.R.C.S.). I am divisional-surgeon of the M Division of Police, at Rotherhithe—on the night of January 12th, the two constables came to me—I found a considerable quantity of coagulated blood upon Guge's clothes and face, and blood was copiously flowing from eight punctured wounds on his face—this screw-driver is an instrument such as may have made the wounds I saw—nearly all the wounds, which I probed at the time, went to the bone—all the wounds were on the face.
Cross-examined. Q. Were they serious wounds? A. They were severe wounds—they may possibly produce some stiffness and unpleasantness—I was called up about half an hour after this happened.
GUILTY of unlawfully wounding. — Confined Twelve Months.
ADJOURNED TO MONDAY, FEBRUARY 29TH, 1864.