CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 29TH, 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 29th, 1864, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; Sir WILLIAM FRY CHANNELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; DAVID SALOMONS, Esq., M.P.; WILLIAM ANDERSON ROSE, Esq., M.P.; Aldermen of the City of London, RUSSELL GURNEY, Esq., Q.C., Recorder of the said City; WARBEN STORMES HALE, Esq.; JOHN JOSEPH MECHI, Esq.; JAMES CLARKE LAWRENCE, Esq.; THOMAS DAKIN, Esq.; and ANDREW LUSK, Esq., Aldermen of the said City; THOMAS CHAMBERS, Esq. Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the 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.
THOMAS CAVE, Esq.
JOHN WILSON NICHOLSON, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
LAWRENCE, MAYOR. FIFTH 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 29th, 1864.
Before Robert Malcolm Kerr, Esq.
303. CHARLES BONNER (20), PLEADED GUILTY to feloniously forging and uttering 3 receipts for the payment of the sums of 10s. 1d., 16s. 6d., and 1l. 2s. 9d.; also, unlawfully obtaining the same sums of William Heath, by false pretences.— He received a good character— Confined Twelve Months.
304. GEORGE WARE (18) , to stealing a watch the property of Charles Southgate, his master; also, stealing 11s. 6d. the property of his said master.— [Pleaded guilty. See original trial image.] Confined Twelve Months.
306. LEONARD LATTEN (21) , to embezzling and stealing 4l. 13s. the money of George Webb, his master.— [Pleaded guilty. See original trial image.] Recommended to Mercy by the Prosecutor.— Confined Nine Months.
307. WILLIAM HILL (33) , to feloniously forging and uttering a receipt for 10l., with intent to defraud.— [Pleaded guilty. See original trial image.] Confined Eighteen Months.—There was another indictment against the prisoner.
308. WILLIAM GARDNER (54) , to stealing calico, and other goods, the property of Richard Munt, and others, his masters.— He received a good character.— [Pleaded guilty. See original trial image.] Confined Nine Months.
309. THOMAS GIBBONS (23) , to stealing a leg of mutton, a purse, and 3s. 4 1l 2d., the property of John Payne, in his dwelling-house, having been before convicted of felony.— [Pleaded guilty. See original trial image.] Three Years' Penal Servitude.
310. ANDREW McLEAN (53) , to unlawfully obtaining I sovereign, from Alexander Maine, by false pretences; also, to unlawfully endeavouring to obtain money from Henry Montague, Baron Templeton.— [Pleaded guilty. See original trial image.] Confined Eighteen Months on the second charge, and Three Years' Penal Servitude on the first.—The prisoner was stated to have been twelve times in custody.
311. WILLIAM GILES (20) , to embezzling the sums of 5s. 11d., 3s. 9d., and 3s. 8d., the moneys of Joseph Rummens, his master, having been before convicted of felony.— [Pleaded guilty. See original trial image.] Five Years' Penal Servitude.
314. GEORGE HARRISON (48), and PHœBE SMITH (38) to stealing 12 pewter-pots the property of Charles Mason; also, 4 pewterpots the property of Mary Weeks.— [Pleaded guilty. See original trial image.] Confined Twelve Months each.
NEW COURT.—Monday, February 29th, 1864.
Before Mr. Recorder.
MR. COLERIDGE conducted the Prosecution.
FREDERICK CUMMINGS . I keep a beer-shop in Ship-street, Tottenham-court-road—on 25th January, about half-past 8 in the evening, I served the prisoner with a pint of porter, which came to twopence—he gave me a florin—I gave him change, and laid it down to serve another customer—I then found it was bad—he had then left—I marked it, put it in paper, and put it on a shelf, in case he should come again—on 5th February, between 8 and 9 o'clock, he came in for a glass of sixpenny ale; I recognised him directly—he tendered a half-crown—I found it was bad, jumped over the counter, bolted the door, sent for an officer, and gave him in custody—he said, "Do not give me in custody; I have got a good half-crown here"—I said, "No; I shall not let you go"—I gave the coins to the constable—I knew the prisoner by sight before he came the first time.
Prisoner's Defence. I changed ten shillings in the morning, but did not know that I had a bad half-crown.
GUILTY .— Confined Nine Months.
MR. COLERIDGE conducted the Prosecution.
JOHN PIERPOINT . I assist Mrs. Vice, a tobacconist, of Orchard-street, Westminster—on 15th February, about 6 in the evening, the prisoner came for half an ounce of tobacco, which came to three-halfpence; I had not seen him before, but am certain he is the man—he gave me a half-crown—I put it in the till, where there was no other large money—I gave him the change, and he left—Mrs. Vice came in about half-past 8—I did not see her clear the till, but I saw her bring the money into the parlour, and put it on the mantel-piece—on the next afternoon, Tuesday, she gave me some money to buy some tobacco; I saw her take it off the mantelpiece—there was a half-crown among it, which I afterwards found was bad, and rolled it up in paper, and put it in my pocket—next day, Wednesday, I saw the prisoner looking into the shop—he afterwards came in and asked for half an ounce of tobacco—he gave me a half-crown—I bent it, and told him it was bad, and that I had the fellow one in my pocket, which he gave us on Monday—he said that he was not out of barracks on Monday, and he would take me to where he had it from—he took me as far as Queen-square, where I saw an officer, and gave him in charge—I marked the half-crowns, and gave them to the officer at the station—the prisoner was dressed in his red coat and foraging-cap on both occasions.
Prisoner. Q. Was there anything remarkable about the person? A. Yes, his likeness; his moustache being light—I do not suppose there is any one like you in the whole battalion—you did not take me straight towards the barracks; you were making your way towards York-street, and your way was through Queen-square Gate, and up Birdcage-walk, where the barracks are—you could have got away from me, but I could have sworn to you at the barracks.
MR. COLERIDGE. Q. Did he tell you where he was going to take you? A. No; he mentioned no name; no other soldier was in the shop that day.
MARY VICE . I keep a tobacconist's shop in Tothil-street—on 15th February, about half-past 10 or a quarter to to 11, I cleared out the till, and found a half-crown and some smaller silver, but no other large coin—I put it on the mantel-piece in the parlour; I sleep in the adjoining room—I saw the same money there on the following morning; it was never touched—in the course of that afternoon I gave that money to Pierpoint—I do not think I took any money on the Monday, because I was not home till half-past 8—that half-crown I afterwards found to be bad—I found no other half-crown in the till, till Wednesday evening, when the prisoner came and paid with one.
JOSEPH WARD (Policeman, B 38). On Wednesday, February 17th, about 9 o'clock, Pierpoint gave the prisoner into my custody with these two half-crowns—I searched him directly, and found three pence on him.
The prisoner's statement before the Magistrate:—"I reserve my defence; I am prepared to prove at the trial that I was not there at all on Monday.
Prisoner's Defence. I wish to call the sergeant.
SERGEANT—, (Examined by the prisoner) Q. Do you think it at all improbable that a person might make a mistake in the identification of a soldier, particularly in the dark? A. They might; it has happened that I have had the whole battalion brought on parade, and a person has been unable to identify one of them—I should not like to swear to any man by his moustache.
COURT. Q. Did you give any money to the prisoner that day? A. No—I am not the pay-sergeant—I do not know whether he was out of barracks on Monday—he has been in the service six months, and no report has been made against him.
GUILTY .— Confined Nine Months.
Before Mr. Common Sergeant.
RYAN PLEADED GUILTY.*†— Confined Nine Month.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
RICHARD HARRISS . I keep the Ship public-house, in Vine-street, Westminster—on 15th February, the prisoners, Gabe and Dorsey, came in at a, little after 10 o'clock—Gabe asked for half a quartern of rum, and tendered me a florin—it came to threepence—I gave him the change, and put it in the till; there was no other florin there—while they were drinking the rum, Ryan came in for threehalfpenny-worth of gin—he gave me a florin—I told him it was bad—he said he received it of his foreman at the gas factory, and said, "Give it me back again"—I said, "No; I shall lock you up"—Dorsey then took Gabe's arm, and hurried out—Ryan followed without paying for the gin, though he had drank it—I went round the bar, and looked into the street, but saw nothing of them—I went back, tried the florin Gabe gave me, and it was bad—I had no other florin in the till—I went to the station, gave it to the inspector,
and gave a description of the prisoners—Gabe appeared drunk, but I am sure he put it on, for I watched him narrowly; none of them were drunk—on the Thursday following, I picked out Dorsey from four of five other persons at the station, and on the Monday, I was asked to go into the yard and see if I could see Gabe, and I picked him out.
EMILY WATERFIELD . My father keeps the Rose, Midway-street, Westminster—on 15th January, at 8 o'clock, the prisoners all came in together, and drank together—Gabe left first; they went out one after the other, before 10 o'clock—they returned together at a little before 11; they were then sober—they stood loitering about the bar at first, and then Gabe called for a pint of ale, which came to threepence—he gave me a florin—I said that it was bad before I took it up—I then tried it—I had before that found a bad florin in each of the tills—that was after 8 o'clock—I threw them into the fire, and they melted in about five minutes—I had not taken them—Gabe said that he got the florin in change for a half-sovereign, and Dorsey put down a good sixpence—I kept the florin, and handed it to the constable—Gabe and Dorsey drank the ale, and they all left together—there was a little row, and a fight inside the bar after they came in the second time.
Gabe. You told the Magistrate you found one in each till, and now you say two. Witness. I said, "One in each till."
COURT. Q. You only mentioned one in your deposition, was it read over to you before you signed it? A. Yes; I also mentioned to the Magistrate that Gabe was there at 8 o'clock—I was not asked the question before the Magistrate—the potman will prove that Gabe was there at 8.
Dorsey. Q. Where was I at 8 o'clock? A. In the skittle-ground—I do not know whether you paid for anything—I only took a good sixpence from you.
EMMA HITCHCOX . I am the wife of Mr. Hitchcox, who keeps the Adam and Eve, Bowling-street, Westminster—on 13th February, between 11 and 12 o'clock, Gabe and Ryan came—Ryan asked for half a quartern of rum—I served him—it came to threepence—he tendered me a florin—I put it in the till—there was no other florin there—I gave him the change—they drank the rum together, and left—Ryan had been in the house at an earlier period, and had a pint of beer—he paid me with a florin, which I put in the till; but that was not in the till when I put the second florin in—I had cleaned the till and put the money under the counter—there was no other florin there—Gabe and Ryan left, and my husband went to the till, took out the florin, and found it was bad, and kept it—on the 15th, two days afterwards, Gabe and Ryan came again about 3 in the afternoon—Ryan asked for half a quartern of rum, and gave me a half-crown—I said to my husband, in their presence, "I think this is a bad one"—Ryan said nothing, and my husband went round the bar.
THOMAS HITCHCOX . I keep the Adam and Eve—on 13th February I was there when my wife served Ryan and Gabe—after they left, I took a bad florin out of the till, which I afterwards gave to the policeman—on the Monday following, I saw Ryan give my wife a half-crown; I asked her for it, found it was bad, walked outside the bar, fastened the door, fetched a constable, and gave them in charge, with the half-crown—I said, "I have been waiting for you ever since Saturday night, for you passed three bad two-shilling pieces here"—they made no reply—I found two of the florins in a pint-pot under the counter, where we put the money taken out of the till, and one my wife gave me.
GEORGE UPSON (Policeman, B 119), On 15th February, Ryan and Gabe Were given into my custody by Mr. Hitchcox, with these three bad florins—He afterwards gave me a bad half-crown—I found nothing on Ryan, but four Good shilling and Gabe—I received this other counterfeit florin from Miss Waterfield, and these two florins from Harris—on the 17th, I took Donsey, And told him it was for being concerned with two others in passing counterfeit Coin at the old Rose public-house—he said that he was so drunk he could not Stand on Saturday night, and had no recollection of being there—I found Three good shillings on him.
Dorsey. Q. While you were giving my description, did not Mr. Harris see me alone? A. No; he did not see you the night you were taken, not till the next morning—Miss Waterfield identified you when you stood with half a dozen strangers with their hats off.
WILLIAM WEBSTER . This half-crown and three florins from Mr. Hitchcox are bad; the three florins are from the same mould—these two florins from Mr. Harriss are bad, and from the same mould as the others; this one from Miss Waterfield is also bad.
Gabé's Defence. I went to the Rose on Saturday night, hearing there was a row. I put down a florin; they said it was bad; but I would not pay, because they would not give it back to me. I was not to know what this young man had in his pocket.
Dorsey's Defence. This man asked me to have something to drink. I was rather drunk. He called for half a quartern of rum, and they gave him his change. Some one asked me to have a glass of ale at the Old Rose, and put down a bad florin, so I paid for it with a sixpence. These men know that I did not know it was bad.
GABE— GUILTY .— Confined Six Months.
DORSEY— GUILTY .**†— Confined Twelve Months.
319. JOHN HARDING (26), JAMES CAMERON (15), WILLIAM ABBOTT (21), ANN EVESON (21), and HENRY BAKER (22), were indicted for unlawfully having counterfeit coin in their possession, with intent to utter it.
MR. CRAUFURD conducted the Prosecution.
JAMES BRENNAN . I was formerly an inspecter of the Metropolitan Police; I am now employed by the Mint in detecting persons passing counterfeit, coin—on 24th February, I went with other officers to Charles-square, Hoxton, in consequence of information, and met the five prisoners and another person, a female, walking together, and apparently talking—we went into a passage to conceal ourselves, and as they passed, Fife seized Harding, Webster seized Cameron, and Abbott attempted to seize Baker, who was outside the others; he ran away, and I saw his left hand go in this position, as if throwing something away—Baker and Eveson were walking close together; I heard something drop, and saw that it was a florin, but could not see who dropped it—I seized Eveson, and a gentleman picked up the florin and put it into my hand—I said to Eveson, "I believe you dropped that; is it bad?"—Harding said, "No, I dropped it"—I put my hand in her dresspocket, and found an empty purse with another bad florin in it—I said, "I have found a florin in her pocket"—she said, "It is a lie"—I put my hand in Harding's pocket, and found two paper packets containing two florins and a half-crown wrapped separately in paper—Baker ran away, and we took the others to the station, where Harding gave his address, 12, Hoxton-square, which was false, though I do not think it was intended to mislead me, as I knew he lived at 12, Hoxton-market—he said, "I will be on my oath this is
the first time I ever took her out with me to do any of these things"—I then got a lamp, and went to 12, Hoxton-market; but on opening the door, I saw Baker put the candle out with his finger and thumb—there were two other men with him—I said to the officer, "This is the man who got away"—he said, "No, I will be on my oath I have not been out from here since 4 o'clock"—we then went to the station—I then went to Hoxton-square, where I had seen Baker throw something, and at that very spot I saw Inspector Fife pick up a paper packet containing three bad half-crowns—I knew Baker, Abbott, and Cameron before, and have seen them go to Harding's house at different times, and I believe Eveson lives with Harding as his wife at the same place—I also knew them at their previous address—Cameron said the coin was given him by one of the others.
Cross-examined by MR. BEST. Q. I suppose as soon as you took them, you charged them with passing counterfeit coin? A. With possessing it.
JOHN FIFE (Police-inspector, G). I took Harding, and saw Brennan take a paper package from his waistcoat-pocket, and said, "This is counterfeit coin"—at that moment, Baker threw from his left hand a paper packet and ran away—I watched where it fell in the road, and afterwards went there, and found a packet containing three counterfeit half-crowns—I knew Baker by sight—the parcel fell in the snow, and it did not seem to have been disturbed when I went back.
Baker. Q. Why did you not pick them up at the time? A. Because I had Harding in custody.
ARTHUR ELLIOTT (Police-sergeant, G 13). I took Cameron, and Inspector Webster said, "Look out, Elliott, he wants to get his hand into his pocket." I then put my hand into his waistcoat-pocket, and found this bad florin wrapped in tissue paper—he said that he did not know it was there; and afterwards, he said that it was given him by one of the others.
WILLIAM WEBSTER . These coins are all bad; these found on Harding are five florins of 1858 from one mould, and two of 1862 from another mould—these two half-crowns of 1842 from Harding are from the same mould—this florin found on Eveson is from the same mould as Harding's—the florin of 1860, which was picked up, is counterfeit—the florin of 1858 found in Cameron's pocket is from the same mould as the three thrown away by Baker, among which are three counterfeit crowns of 1816, all from one mould.
The prisoners' statements before the Magistrate:—Harding says, "Abbott gave the coin to me." Cameron says, "I did not know it was bad; Abbott gave it to me." Abbott says, "It was me who gave this girl the piece; it was me that throw the three half-crowns away."
Harding's Defence. I had them given me to mind wrapped up in paper; I did not know they were coin. Two minutes afterwards, the police took us.
Baker's Defence. I did not throw the pieces away.
HARDING— GUILTY .*— Three Years' Penal Servitude.
CAMERON GUILTY.—Recommended to mercy by the Jury. — Confined Six Months. ABBOTT— GUILTY .**— Three Years' Penal Servitude.
EVESON— GUILTY .— Confined Nine Months.
BAKER— GUILTY .— Confined Eighteen Months.
He received a good character. Confined Twelve Months.
OLD COURT.—Tuesday, March 1st, 1864.
Before Mr. Recorder.
SUTTON PLEADED GUILTY .
MR. ORRIDGE conducted the Prosecution.
GEORGE BRAMLEY . I am manager to Mr. Alfred Mumford, who trades under the firm of Bartram and Co., copper-nail manufacturer, at 168, Upper Thames-street—Sutton was in our employment as packer—on the night of Friday, 12th February, I was shown a bag containing about half a cwt, of copper nails—they were the property of my employers, and worth about 3l. 10s.—I have seen Wetherall hanging about the place, I should think a dozen to twenty times, when I have been going to the office—he was not in our employment—I know nothing of him.
Cross-examined by MR. WARTOX. Q. What do you mean by "hanging" about the place? A. Standing about the place, as if he wanted work.
THOMAS FRESHWATER . I am manager of the machinery department at Messrs. Bartram's—on Friday night, 12th February, about half-past 5, I saw the prisoner Wetherall standing close to the step of our front entrance—Sutton came down to him while I was passing, with a bag on his shoulder, and put it on Wetherall's shoulder—I saw him take it and put it on a trolly, which is a low cart with four wheels, and pull a covering over it—I asked him what he had got there—he made me no answer, but went away—I put my hand on the bag, felt it was something weighty, and I took it up, put it on my shoulder, and took it up into the office to Mr. Bramley, our manager—I saw nothing more of Wetherall that night—I examined the nails before Mr. Bramley; they were the property of my employers—I had seen Wetherall before standing about outside our establishment.
Cross-examined. Q. As if he was in search of work? A. I don't know what he was in search of—I have seen other men standing about sometimes—Sutton was not a foreman, he was in the employment—I have never given anything to be carried by any man in the street; it is not my place to do so—parcels are sent away from our place; I believe Sutton was employed to send them away—I have seen things delivered by Sutton into different waggons and carts from our place.
MR. ORRIDGE. Q. Things that have been purchased at your warehouse? A. Yes—these nails were different sorts; some were called bolt-nails, not all one sort.
RORERT LEWIS SPRAKE . I am a constable—I took the prisoner Wetherall into custody, on the Monday following this robbery, in Cannon-street, Commercial-road—I told him the charge—he did not say anything at the time; at the station he said he was hired to take them.
MR. WARTON called EDWARD SUTTON (the prisoner). I gave him the bag of nails against the door, and he took them away—I did not tell him what to do with them, or what he was to have for taking them—it was Irkham's, the City carman's trolly. WETHERALL,— GUILTY .— Confined Nine Months. SUTTON,— Confined Twelve Months.
MR. PATER conducted the Prosecution.
The prisoner being a foreigner, the evidence was interpreted to him.
GEORGE ARRIDGE . I live at 58, Palace-road, Wells-street, Hackney, and am working at Mr. Gilbert's, bookseller and stationer, Gracechurch street—on 19th February I saw the prisoner in St. Paul's-churchyard, and he gave me this envelope (produced)—I did not open it—he made me understand I was to take it to Mr. Charles Thompson's, St. Paul's-churchyard, the address which it bears—he spoke broken English—I went there, gave it to one of the assistants, and received from him a parcel—I then left the warehouse—when I went out first I could not find the prisoner—I came back, and on going out a second time I saw him beckoning to me—I followed him and gave him the parcel at the corner of Newgate-street.
COURT. Q. Did he give you anything for doing this? A. He offered me 6d.—he promised to give me 6d.; he did not give it me.
HENRY TAYLOR . I manage the business of the prosecutor—on 19th February I received this envelope from the last witness—I opened it, and found it to contain this order for three pieces of black taffeta, of different qualities, for Peter Robinson—our firm have been in the habit of transacting business with Peter Robinson—I gave directions for the parcel to be made up, and I saw it delivered to the boy—he did not tell me where he was going to take it—I went out before him, and watched the door to see him come out—I kept him in sight till I saw him return to the warehouse, having previously spoken to a police-constable—I then returned to the warehouse, and the constable followed me in—we sent the boy out a second time; I followed him, lost sight of him for a moment, but saw him again going towards Cheapside—I ran after him, and opposite Peel's statue I saw him give the parcel into the prisoner's hands—I followed the prisoner to the corner of Newgate-street, brought him back, and gave him in charge to the constable—the parcel made up was worth about 16l.
Prisoner. I did not know what was in the letter.
Prisoner's Defence. On the day in question I was in Regent-street, near where the fountains play, and a young man accosted me, and asked me if I would take this letter to Mr. Charles Thompson, and promised me half-a-crown for doing so. He told me I should receive three pieces of silk, and I was to bring it to the Strand; I, not speaking English, asked the boy to go there with the letter, and told him I would give him 6d. I waited on the same spot, and he came back to me, and I was taken into custody. I afterwards went to the Strand with the policeman, but I could not find the young man. I am not guilty of writing that order. Out of the four months I have been in London, I have worked all the time, except nine days, at a confectioner's shop, and I then commenced buying small pieces from tailors for tailoring, in proof of which the scales which I used to weigh them were taken from me at the station. I come from Berlin, and came to London with the intention of afterwards going to America.
ROBERT STEER (City-policeman, 413). I took the prisoner to the station; two policemen in private clothes went with him to the Strand to find this gentleman—the prisoner went up the Strand, round Trafalgar-square, and back to the station, and never spoke to any one the whole way.— GUILTY on the Second Count — Confined Nine Months.
MR. KYDD conducted the Prosecution.
WILLIAM HEMS . I am an ironmonger at 23, Aldgate—these articles (produced) are my property—I last saw them on my premises on 2d February, about ten o'clock, they were in the counting-house, on the shelves.
JOHN LEONARD . I am a detective-officer—in consequence of information I received I went on 2d February to the prosecutor's premises—a few minutes after I saw the prisoner go into the counting-house and return almost immediately—the boy who was in the counting-house ran after him and caught him—I came down off the stairs, where I was standing—this parcel of knives had been dropped on the floor—I asked the prisoner if he had got anything more about him, and he pulled this other parcel out of his trowsers-pocket—I asked him where he lived—I could not find the address he gave.
CHARLES HAILES . I am in the employment of Mr. Hems—I first saw the prisoner on 28th January; I was in my master's counting-house, on 2d or 3d February, when the prisoner came in, snatched some knives from the shelf there, and was going to run out, and I stopped him—Mr. Leonard came down and took him into the counting-house—he asked him some questions, and he pulled one of the packets of knives out of his pocket, and the other was dropped on the floor in the counting-house.
Prisoner. He gave me the knives. Witness. I did not; I ran after him directly he snatched them—I saw him only once before, on 28th January, when he came in to pay for some tacks.
Prisoner's Defence. A boy told me to ask that boy for some things. I saw him on the Tuesday, and he told me to come in; he gave me a packet of knives, and I put them in my pocket. I was going to take the other packet. I heard some one coming, and I dropped them and ran out.
GUILTY .—Leonard stated that the prisoner had induced other boys in Mr. Hem's employment to commit robberies of the same kind.—† Confined Eighteen Months.
MR. LILLET conducted the Prosecution.
WILLIAM JOHN KIMPTON . I am a clerk in the Bank of England, and live at Pentonville—about half-past 6 on the evening of 17th February I was in Cheapside, looking in at a shop window—while there I felt some one endeavouring to take my watch from my pocket—it was in my left-band waistcoat-pocket—I saw my watch safe only a few minutes before—I put down my hand and felt a man's hand—I took hold of his wrist and then heard something fell on the ground—I looked down and saw my watch lying between my feet—it was tie prisoner I took hold of; he was close to me—as soon as I touched him I heard my watch drop—I collared him, and held him till a constable came up—I gave him into custody, with my watch and chain.
Cross-examined by MR. COLLINS. Q. How many people were there at the time? A. Eight or nine, perhaps, all looking into this shop; it was a valentine-shop—I did not notice the prisoner till I felt something at my watch—I had the same sort of coat on that I have now; I don't think it was the same—this is my watch and chain (produced)—I wore the chain through the button-hole; the hook is broken off—that had been broken about a couple of months—I don't think a little jerk would jerk it out; it passes through the button-hole—I did not see the man's hand at my pocket, but I
took hold of it; it was then just by my side, by the pocket—it all took place in a moment—he did not attempt to escape; I should not think any one else saw this—some one went to the police-court, but they said they only saw the watch on the ground—I saw a man at the police-station; I did not speak to him.
WILLIAM MALYON (City-policeman, 456). I was on duty in Cheapside on the evening of 17th about 7 o'clock—I there saw the last witness holding the prisoner; he gave him into my charge for stealing his watch and chain—the prisoner said he did not take it—this is the watch and chain which were delivered to me—I found 5 1/2d. on the prisoner.
Six Years' Penal Servitude.
325. SELBY LEWIS (20), PLEADED GUILTY to stealing a watch, the property of Alfred William Borley, in his dwelling-house, and to embezzling and stealing the-sums of 18s. and 16s., the moneys of Joseph William Hare.
MR. DALEY conducted the Prosecution.
WILLIAM AUBREY . I am a printer, residing at 26, Swan-place, Old Kent-road—I know the prisoner—about 14th October last he brought me this bill (produced) for 10l.—we agreed about certain printing materials, and he told me he could give me a bill for them—he tendered me that bill; I disapproved of it—I drew him one out, and I told him to take it to Mr. Hare and tell him to accept it—that is the second bill; be threw the first bill away—he afterwards brought the bill back, said he had been to Mr. Hare, and had got him to accept the bill—he endorsed the bill with his name, and I endorsed it with mine, and allowed 1l. for discount—(Read): "7th Oct, 1863, three months after date, pay to my order the sum of 10l. for value received. James Selby Lewis, 50, High-street, Bloomsbury, to Mr. Joseph William Hare, Printer, 6, Desboro'-place, Harrow-road. Accepted by Joseph William Hare. Payable at the National Bank, Bishop's-road, Bayswater."
Prisoner's Defence. Mr. Hare kept me out of work for six months, and I was so destitute I was obliged to get money the best way I could. I could not get work; no one would employ me.
Five Years' Penal Servitude.
MR. COOPER conducted the Prosecution.
WILLIAM FOSTER . I am a watchmaker, and live at Little Chesterfield-street—between 6 and 7 o'clock on Saturday evening, 23d January, I was coming through Percy-passage into Newman-street, and I received a blow on the back of my head—I did not see anybody then—I was thrown down, and then I saw the prisoner and had a struggle with him—he took my watch from my left-hand waistcoat pocket, and a portmonnaie and a purse from my right-hand trouser's pocket—I did not see any other man—to the best of my belief the prisoner is the man—I saw his face—the struggle lasted a minute or two—after I got up I called, "Police!"—my watch is worth about 10s., as it is now—the policeman has it.
Cross-examined by MR. BESLEY. Q. I believe you had been drinking? A. Yes, a little—the prisoner was brought back by the policeman about four or five minutes, I suppose, after the struggle—I did not see in what direction he went—it is a dark passage.
HENRY CHARLES GIBSON . I live at 17, Upper Rathbone-place—on this Saturday night, about half-past 7, I was two doors from the top of Percypassage—I saw the prosecutor on the ground and the prisoner running away—I did not see his face, I saw his coat and hat—his back was towards me—I afterwards saw that same coat and hat when he was brought back by the police—that was in Upper Rathbone-place—he was dressed in the same manner as he is now.
COURT. Q. Did you see in what direction that man ran? A. Right across into a little court opposite, right through Percy-passage—he came out of Newman-passage—it was at the top of Newman-passage that I saw the prosecutor lying down.
HENRY CHARLES GIBSON (continued). I only saw the prosecutor on the ground—I saw a person leave him and run away through Percy-passage—I could not see down Newman-passage from where I was standing—I was two doors from the passage—I saw the prosecutor on the ground just at the top of the passage.
JOSEPH WELLS . I live at 3, Grese-street—I was at the corner of Percy-street—on this evening I heard a cry of "Stop thief!"—I looked round and saw the prisoner running very fast about fifty yards in advance of a mob of people—I know Newman and Percy-passage—the prisoner came in the direction from Percy-passage, across to Percy-street—I ran after him—I should think he was about fifty yards in advance of me at first—I ran and got nearer to him—I did not lose sight of him once—while running along I heard a terrible smash in an area—it was a very dark street, it was impossible for me to see what it was, it sounded to me like a handful of money—that was in Percy-street—the prisoner then ran into a policeman's arms, and I told the policeman whatever he had taken he had thrown away, I could not say what it was—I did not point out the area; it was impossible for me to tell, it was a very dark street and we were running very fast at the time.
ALBERT KEYS (Policeman, E 44). On the night in question I was at the corner of Percy-street, Tottenham-court-road, and heard a cry of "Stop thief!"—I went towards the cry, and saw the prisoner running as fast as he could—I stopped him—he ran two or three yards till I stopped him—the last witness came up directly and told me whatever the prisoner had, he had thrown into an area—a witness in court found the watch.
Cross-examined. Q. Directly you stopped him did he not say he was going home to his tea? A. Yes; he first said, "What is the matter?"—I asked him what he was running for—he said he was hurrying home to have his tea, that he had been to Nassau-street, Middlesex Hospital, on an errand—he said he lived at 9, Hampshire-bog-yard—I went there and found he lived there—he was going in the direction of his home—Mr. White, the gentleman who was examined before the Magistrate, lives in Nassau-street, Middlesex Hospital—he was going in the direction from Mr. White's to his own home—he could get that way—I don't know whether there is a nearer way—I think there is—he could get from Nassau-street into Newman-street,
and up Rathbone-place to Oxford-street—I am not quite certain which is the nearest—I found 10s. 3d. in silver, and threepence in copper on him, a purse, a pocket-book, and a pencil—I found he had been working as an artificial flower maker—Hampshire-hog-yard is near to our police-station in George-street, St. Giles's.
COURT. Q. In what state was the prosecutor? A. He was drunk.
JAMES BLUNN . I am a traveller—in January I was lodging at 19, Percy-street, St. Pancras—on 23d January I was in a room there in the basement—the shutters were closed—a window was broken by something being thrown against it—I heard a cry of "Stop thief!"—I went out with a light and picked up on the steps a watch and chain, and part of the case of a watch—I have since seen the case in the policeman's possession—some one else picked up the debris of the watch and I took them both together to the station-house and gave them to the policeman—I believe these (produced) to be what I picked up.
Cross-examined. Q. You went out immediately you heard the glass broken? A. I did.
Cross-examined. Q. Were you struck on the back of your bead? A. I was—I could not swear whether one or two people struck me.
COURT to JOSEPH WELLS. Q. I understand you saw the prisoner running away when you heard this cry? A. Yes; there were other people behind him—when the watch was thrown down the area I was within three or four yards of the prisoner—the people were all behind us—the only man in front of me was the policeman—I outstripped the others because I bad a fresh start, und they had had a run—J did not see the prisoner do anything.
JURY. Q. Where did you first take up the chase? A. At the corner of Percy-street, and the run took place from the opposite side—I did not see the man come out of Percy-passage—there was no one else in the immediate neighbourhood besides the prisoner, who could have caused the smashing of the window, that I saw.
COURT. Q. Do you know now the area where the watch was found? A. No; I have never seen it since—I know 29, Percy-street—I live close handy—it was too dark to see whether the prisoner was near 29 at the time of the smash, and at the rate we were running at.
JURY. Q. Had you reached 29, Percy-street, when you heard it? A. I should say it was about close to the railings of 29, when I hoard the smash—the prisoner was three or four yards in advance of me then—he had passed 29 when I beard the crush—the other people were some distance behind at the time. Witness for the Defence.
WILLIAM WHITE . I live at 21, Nassau-street, Middlesex Hospital, and am an artificial florist—I have known the prisoner about four months, he has been in the same business during that time—on a Saturday evening he called at my place for an order—I heard afterwards of his being in custody—it was on the same day that he came to me, at twenty-five minutes to 7 in the evening—he came to bring two flowers to me, patterns which he had to make—I had been to his house at 6 o'clock and seen his wife, and he had not come home then—I gave him an order—I went to his wife in the morning—he came in consequence of some communication I had made to his wife—Í met him in Tottenham-court road, and gave him the order there—he had been out to nil his goods—I had a pattern in my hat, which I had brought from his wife—I said, "I am sorry you have been out to-day, for I
am Afraid we have lost an order for two vases of flowers"—he said, "I am sorry for it, I will go home and make the flowers and get back to Nassau-street nearly by the time you get back," and to my great surprise, he did so—he came there at twenty-five minutes to 7, two or three minutes after I had got back, with the flowers made, showing his anxiety to do business—he appeared to have hurried—when he went away I understood him to say that he was going home to his tea, as his wife expected him.
Cross-examined. Q. I believe he was in a great state of perspiration when be came in? A. Yes.
The prisoner received a good character.
NOT GUILTY .
The following prisoners PLEADED GUILTY.—
328. JOHN LANGWORTH (38) , to embezzling 1l. 8s. 9d., and other sums; also to stealing 47 albums, 37,000 envelopes, and 15 reams of paper, the property of John Thomas Johnson, his master.— [Pleaded guilty. See original trial image.] Five Years' Penal Servitude.
329. MICHAEL MALONY (23) , to stealing a coat and other articles, the property of Andrew Knox, his master, having been before convicted of felony.— [Pleaded guilty. See original trial image.] Six Years' Penal Servitude.
331. GEORGE SPENCER (23) , to stealing I sack, and 168lbs. of potatoes, 1 bag and 12 cabbages, the property of Samuel Barnard, having been before convicted of felony.— [Pleaded guilty. See original trial image.] Six Years' Penal Servitude.
332. WALTER LAMB (36) , to a burglary in the dwelling-house of Jane Maineie, and stealing 12 knives, and other goods, her property, having been before convicted of felony.— [Pleaded guilty. See original trial image.] Eight Years' Penal Servitude.
NEW COURT, Tuesday, March 1st, 1864.
Before Mr. Common Serjeant.
333. JULIA DONNANT alias McMILLAN (23), PLEADED GUILTY to stealing 46 yards of silk, 6 handkerchiefs, and other goods, value 6l. 12s., the property of Charles Nicholson and another, who strongly recommended her to mercy, believing her to bear a most exemplary character. Her father, a retired officer, gave her an excellent character, and engaged to take her with him to Ireland.— Confined One Week.
MESSRS. POLAND and BESLEY conducted the Prosecution.
EDWARD HUMPHREYSON . I am a carpenter, of Marlborough-road, Chelsea, I have known the defendants about four years and have had transactions with them—I have had receipts signed by both of them—to the best of my belief this "For brother and self, C. Dobbins, 12th November, 1849," is Charles Dobbins' writing—the "J. Dobbins" to the other document is the eldest prisoner's writing.
Cross-examined by MR. SLEIGH. Q. Have you seen either of them write? A. Yes; Charles Dobbins three or four weeks ago, and James twelve or thirteen months ago—those are not the only times—I went there three or four weeks ago for some articles for the purpose of getting a receipt, and seeing Charles write—I went on the request of a gentleman I have worked for these four years—he does not belong to the Company; he is a house agent—there was a constable there, and I had an interview with him on the sub-ject of going there to see Mr. Dobbins write I did not know at the time that Mr. Dobbins had been charged by the Gas Company Charles is the one
I call the eldest, the shorter one—it was about fifteen months ago that I saw the taller one write—I have not been there lately—I have no receipt in my possession in the writing of either of the defendants.
MR. POLAND. Q. Have you dealt with them on more than one occasion? A. On twenty or thirty occasions, and have seen them write over and over again—(The document being read, was an application from James and Charles Dobbins to the Imperial Gas Company, to lay on gas to their premises in Markham-street, Chelsea, for seven burners by meter, and signed "For brother and self, C. Dobbins, 12th November, 1849. The meter contract, signed J. and C. Dobbins, and Henry Thompson, inspector, was also put in, which stated "No person shall lay or cause to be laid, any pipe without the consent in writing of this Company.")
THOMAS DOMINIC TULLY . I am superintendent of the London Gas Light Company, and have been so nearly ton years—I know the defendants' premises, 1, Mark ham-street, Chelsea—they are smiths, bell-hangers, and gas-fitters—they were formerly in the Imperial Gas Company District, but since 1857 that district has been supplied exclusively by the London Gas Company—I walked past the premises twice to observe the gas burning, and on 18th January I went into the premises about 11 in the morning—this model (produced) was made by ray directions—it accurately describes the premises—there is an iron railing running along the entire front, a portion of which is open for the entrance—there is a sort of shop here for the exhibition of goods, and on the right are the work shops—I was accompanied by Mr. Pearce, the inspector, and I had workmen waiting outside—there were two lights burning in the show shop, but turned down to a blue flame, as low as they could be without going out, and in the smith's shop three burners were full on—I did not see either of the defendants then—I saw a brother, Frederick, I believe his name to be—I afterwards saw Charles—I asked to see Mr. Dobbins, and Frederick said that he was not in—I then asked to see the meter, and ho showed it to us—I turned on one of the lights in the show shop full, and desired the inspector to go to the meter—Mr. Frederick stood between the inspector and me—I directed the gas to be turned off at the meter, which was done, and the two burners in the shop went out as they should, but the three in the work shop continued to burn—in order that there should be no mistake I bad the meter disconnected from the pipes and shifted some yards from its position, but the gas still continued burning in the workshop—there wore two small pipes from the motor, and a third pipe going to a light in the kitchen, with a larger pipe going apparently to supply the workshops, which we disconnected, but no gas escaped, though the gas was at that time burning in the work shop—I judged from that that there was some stoppage in that pipe, and in addition to that the lights in the show shop would not have gone out—there were seven lights in the show shop supplied from the meter—I went round to every light in the workshop with the inspector and my assistant—we tried every light, and found we could got gas from fifteen lights, all of which had largo burners, some of which would consume seven or eight feet per hour—we got as much gas from them as we required—that was after the meter had been disconnected—when the workmen came in I directed them to dig up the ground inside the railings in the defendants' presence—while they were doing so I went away for a short time, und returned and found the ground laid open as far as it was possible, but they had not interfered with the private part—when I came I caused that to be opened, and found a three-quarter inch service pipe going into the premises, and up to the meter, and then a "T" piece—this model
accurately shows the position of the pipe—I had it made from what I saw—I directed the workmen to sever the pipe, and it is in Court—the meter was a ten light one—the pipe would probably have been an inch and a quarter one for twenty-two burners—if twenty-two burners were supplied through a three-quarter inch pipe you would get a light, but not a proper one if they were all lighted at once—the pipe was four or five inches underground, and there were iron plates and pieces of paving over it—the ground had not been recently disturbed—one of the pieces of plate went over an old drain, and herbage was growing there, showing that it had not been disturbed for a long time—my opinion is that the "T" was put into the ground at the same time, or thereabouts—I saw Charles Dobbins, but did not address him because he did not make himself known to me, and no explanation was given to me—I told Frederick Dobbins, as I could see nobody else, that they would have no gas that night, and had better provide themselves with other means, and appeal to the Board—he attended at the Board, and they declined to see him—I was not aware that they were burning gas in any other way than by meter.
Cross-examined. Q. I think you told Mr. Frederick that the Board would meet the next day? A. Yes, and told him there was no appeal except to the Board, and he could attend if he thought proper—James attended, and after I had reported the circumstances they directed me to tell him that they declined to see him, which I did.
RICHARD PEARCE . I have been an inspector of the Chelsea district about three years—I have heard Mr. Tully's evidence—he has correctly described what took place on 27th January—I was not aware that the prisoners were burning any gas, except by meter—I was present in the public part of the ground while the work people were digging, and after Mr. Tully had gone away—both the prisoners were there—they spoke to me, and I spoke to them, and to the younger brother as well—they gave no explanation whatever—I should not lay a three-quarter inch pipe for twenty-two lights—I have road the meter on some occasions—I read it on 23d June last, and it registered 35,700—the consumption was 1,700 feet—on 6th July we took down the meter and substituted a ten light dry meter for it, which then registered at 500—a new meter begins at 500—on 19th January, 1864, the dry meter registered 19,400.
THOMAS HUSEY . I am chief inspector of the Imperial Gas Light Company—I was in their employ in 1849—Henry Thompson was then the inspector of the Chelsea District—it would be his duty, on an application being made by any one in that district for service pipes to be laid on, to see that it was properly done, and he would have in the course of his duty to fill up the form I hold in my hand—he is dead—this form is filled up in his writing, and in the course of his duty—(This described the service pipe laid on to the defendants' premises on 13th November, 1849, and under the head of "Names of workmen" were the names, "W. Laber" and "J. Laber")
JAMES LABER . I am a gas-fitter of Chelsea—in 1849 I was in the employment of the Imperial Company—I assisted my father and Maloney in putting some service pipes from the main of the Imperial Gas Company into Messrs. Dobbins' premises, 1, Markham-street—my father is dead, and I believe Maloney is superannuated—it went about three feet six beyond the pavement into the premises, and I put a cap on the end of the pipe, which is the usual thing, leaving it for the fitters to carry on the gas—the defendants are smiths.
Light Company—I have been in the habit of lighting the lamps in Markham-street about eleven years, and used to keep my lamp inside the prisoners' railing—I have many times seen gas burning in the workshop up to 7 or 8 o'clock at night.
JAMES MARLEY (Policeman, V 347). I have been on duty at Markham-street, night as well as day during ten years—I know the prisoners—I have frequently seen gas burning in their large shop all night up to 6 in the morning, when I went off duty; and about four years ago I got over the railings, knocked at the door, and was answered from the window—the gas was then full on, and when I came back round my beat it was lowered to the the size of a candle.
JOHN POTTER (Policeman, V 174). I have been employed about nine years in the Chelsea district, and know the defendants' premises—I have seen gas burning in the workshops on the left as late as 12 or 1 o'clock, night after night, in winter—I am not on duty there in the summer.
MR. SLEIGH objected that nothing which was seen previous to the Indictment could be evidence against the prisoners.
THE COURT took a note of the objection, but received the evidence.
WILLIAM VILLIERS . I am a fitter, in the service of the Gas Company—I have known the defendants' premises ten years, and have often seen the gas burning as late as 2 o'clock in the morning—neither of the defendants live there, but one lives next door, in a cottage on the left—they both carry on the business.
THOMAS OLIVER . I am a hairdresser and musician, of Benham-terrace, which is close to Markham-street—about Christmas last, I joined the waits, and went round the neighbourhood—between 5 and 6 one morning, I was waiting at the Red House to get something to drink—I stood near the prisoners' workshop, because it blew so hard at the corner—there was a faint gleam of light in the workshop, enough for us to share the money by—it was a fortnight or three weeks before Christmas.
JAMES FRISLEY . I am a clerk to Mr. Price, the solicitor for the prosecution—on 10th February, I served this notice at the defendants' premises—(This was a notice to produce the receipts for gas given to the defendants, and the readings of the meter quarter by quarter. MR. SLEIGH produced the receipts from Christmas, 1859, to September, 1863, but objected to MR. POLAND giving secondary evidence of the readings of the meter. THE COURT over-ruled the objection).
HENRY WILLIAM EAGLE . I am a fitter in the service of the Gas Light Company, and have been so nine years—from time to time in the course of my duty, I have taken the readings of the defendants' meter—I have the book in which I made the entry—the gas consumed in the quarter ending October, 1857, was 1,800 cubic feet; in the quarter ending, 9th June, 1858, 7,500 feet; 29th March, 1858, 7,200 feet; 1st July, 1858, 2,300, feet; 29th September, 1858, 1,500 feet; 10th January, 1859, 7,300 feet; 2d July, 1859, 1,600 feet; 1st October, 1859, 2,200 feet; 2d April, 1861, 6,800 feet; 30th September, 1861, 2,000 feet; 31st December, 1861, 6900 feet; 28th June, 1862, 2,600 feet; 29th December, 1863, 9,000 feet—I make the readings in this book, and then a memorandum is made out before the money is asked for.
CHARLES PHILLIPS . I am foreman of the lighters in the employment the London Gas Light Company—I have from time to time taken the readings of the meter on these premises—this is my book—for the quarter ending 31st December, 1859, the entry is 7,600; 31st March, 1860, 6,700;
30th June, 1860, 2,500; 1st October, 1860, 1,500; 4th June, 1861, 10,500; 27th March, 1862, 8,000; 29th September, 1862, 1,900; 27th March, 1863, 6,900; and 28th September, 1863, 3,900.
THOMAS DOMINIC TULLEY (re-examined). During the last five or six years the price of gas has been 4s. 6d. per 1,000 cubic feet—the charge of the Gas Light Company would be in accordance with these readings—I have taken the average consumption of gas for the last six years and a-half, which is about 18,000 feet, which would be 4l. 1s. a year—I have made an estimate, a very light one, of the fifteen burners at 140,000 cubic feet per annum, or 31l. 10s. a year, and I think that is very much under the mark—the defendants must have been cognizant of the fact that they were not paying for the gas they consumed, for two reasons: first, from the amount, and, secondly, they must have known it every time they turned off the main tap at the meter.
COURT. Q. You know the twenty-two burners; how long would it take, supposing them to be burned fairly, to burn 18,000 feet? A. About 170 hours—they would burn about 110 feet in an hour.
The prisoners received excellent characters.
GUILTY .— Confined Twelve Months each.
MR. KYDD conducted the Prosecution.
WILLIAM WINES (City-policeman, 557). On 22d February, I was on duty, in plain clothes, in Leadenhall-street—about half-past 7 o'clock, I saw two ladies standing with their backs towards a shop, looking for an omnibus—the prisoner went to one lady, and as she moved away, he moved after her—one of the ladies attempted to get into an omnibus, and the prisoner got in front of her and obstructed her—I stepped across the road, took him in custody, and told the conductor to stop the omnibus—he stopped it until the lady got out—I then asked her to feel if she bad lost her purse; she felt in her pocket, and said that it was gone—the prisoner struggled with me for about five minutes; his cape tore, and I have no doubt he dropped the purse at that time.
Cross-examined by MR. PATER. Q. Did he ask you what you meant by seizing him? A. No; I told him I took him for picking a lady's pocket—he said nothing, but attempted to get away—he struggled very hard, and asked me what I wanted with him—I had watched him previous to that—I have been in the force about eight years—I had watched the prisoner one hour very attentively, and had not lost sight of him at all—the omnibus was not searched—I told the conductor to stop, but he drove away—I took the prisoner inside a shop and searched him, while Mrs. Leader remained outside with her daughter—the purse has not been found.
MR. KIDD. Q. How long elapsed between the time Mrs. Leader got into the omnibus and the time you searched the prisoner at the shop? A. Five or seven minutes—the omnibus was only one door off the shop when I searched the prisoner.
COURT. Q. Did you take the prisoner before the lady got in? A. As she got in, I saw his hand in her pocket, and took him—I have said that before—I mentioned it at the Mansion House—I took him after she got into the omnibus—he obstructed her as she got in—he slipped in front of
her as she was going to step up, and his hand was in her pocket—he went on the footway, and I took him in custody—it was in consequence of what I saw that I stopped the omnibus.
ANN LEADER . I am staying at present in Jubilee-street, Mile end—on 2d February, I was in Leadenhall-street soon after 7, waiting, for an omnibus—the prisoner kept at my side, close to me, and my daughter was on the other side—as I went across, he went before me and took hold of the omnibus—he kept staring in my face, and I said, "Are you going to get into the omnibus? because, if not, allow me to pass"—he caught round me in a strange way, and, of course, was at my pocket, but I did not think of that—he had hold of my clothes by my pocket, by my side—my purse was safe in my pocket when I was waiting for the 'bus on the pavement—I should say I waited ten minutes before the omnibus came up—when I searched my pocket my purse was gone.
Cross-examined. Q. Where had you been before you got into the omnibus? A. Into the Borough, to my grand-daughter's, and I called on a friend as I came home—I did not go into any shop—I do not keep my purse and handkerchief in the same pocket—my purse was in my petticoat-pocket, and my handkerchief in my dress-pocket—I have to put my hand right in front of my dress to get to my petticoat-pocket—that is the only access I have to it—I walked to my grand-daughter's—I left home about two o'clock, and got there about 3—I put my purse into my pocket when I left home, but had not had occasion to use it at all—I could not be deceived about it being in my pocket, because it had silver in it, which made it heavy, and I could not walk without feeling it—I am sure it was there when I stood on the pavement—I have earned it for years.
COURT. Q. And you would have missed it if it had been away? A. Yes, but I did not miss it, because there was a bustle in getting into the omnibus—I frequently felt to see if my purse was there.
MR. KEMP. Q. When you walk do you feel your purse, when there is anything in it, against your person? A. Yes; and I am sure I had it in my pocket when I was in Leadenhall-street.
The prisoner's statement before the Magistrate—"I was standing waiting for a friend, who I had promised to meet about 8 o'clock; I thought he was in the omnibus, and went to look for him; seeing he was not there I turned away, and the officer took me and forced me into a shop, and searched me, but no puree was found on me."
NOT GUILTY .
OLD COURT.—Wednesday, March 2nd, 1864.
Before Mr. Baron Channell.
MESSRS. SLEIGH and COLLINS conducted the Prosecution, MR. RIBTON the Defence.
GUILTY of endeavouring to conceal the birth. — Confined Nine Months.
MR. HAWTHORNE conducted the Prosecution.
HENRY WALLACE . I am deputy governor of Millbank Prison—I knew the deceased Cornelius Daley—he was received at Millbank Prison on 21st September, 1863, from Devonport—he was at that time under sentence of
seven years' penal servitude—he was seventeen years of age, and was a labourer.
WILLIAM HARDIMENT . I am a warder in Millbank Prison—on Saturday morning, 30th January, shortly after 6, I saw the deceased in one of the passages of the prison—he was getting a tub down with some cleaning flannels to clean the passage—shortly afterwards I saw him lying on the floor, with the prisoner standing over him—he had one knee on his body, about the middle of his stomach, and he struck him a severe blow in the body with his right hand at the same time—I ordered the prisoner to his cell—he went—I picked the deceased up, and called another person to support him—I locked the prisoner up, and then led the deceased to his cell—he was bleeding at the nose at the time I took him up—he was not bleeding more than usual after a blow—I left him in his cell—I saw him again about half an hour afterwards—he was bleeding from the nose then—it was nothing more than an ordinary bleeding—he took his breakfast after this—he drank his cocoa, and returned his loaf to the kitchen—I saw him again about half-past 7, when I gave him his breakfast—he made no complaint then—I asked him if he would go to the surgeon—he said, no, he would rather stop in his cell—I saw him again about twenty-five minutes' past 8 when I went to his cell—he then complained of pain across his to stomach—I brought him down to the principal officer to take him over to the surgeon—he was able to walk with assistance; I had hold of his arm.
ROBERT MUNDAY GOVER . I am resident surgeon at Millbank Prison—on Saturday, 30th January, I saw the deceased man Daley, a little after 9 in the morning—I found that he had had a severe contusion between the eyes, involving the upper part of the nose, and lower part of the forehead—I also found that he was very faint and exhausted from loss of blood—he was not bleeding then, but I saw that he had been bleeding—there was some coagulated blood upon the nostrils—I judged from that that he had been bleeding from the nose—he seemed to be suffering from a nervous shock—I saw him several times in the course of the evening—about 5 next morning I was sent for—I went immediately, and found that he was dead—I made a post-mortem examination on Monday morning, 1st February—I then found in addition to the contusion on the forehead, contusions on the fore-part of each thigh, contusions of both shins, and on the top of the left foot there was also an abrasion on the back of the right-hand, and a slight cut at the back of the right shoulder—there was also a contusion on or near the left temple—on opening the body I found there was blood effused into certain bony cavities at the back of the nose, at the lower part of the forehead—that was caused by the rupture of blood-vessels—that was one of the results of the blow on the nose and forehead—I also found a large quantity of blood in one of the intestines—he had swallowed that blood—it had passed through the oesophagus—it was not the result of any injury of the intestines—I carefully examined the intestines—my impression was that there being a discharge of blood from the nose, he swallowed it; there was no rupture of the intestines—the other parts of the body were healthy, but they were very pale throughout from loss of blood; in my opinion the cause of death was the loss of blood and the shock to the nervous system—the loss of blood arose from the injury to the upper part of the nose, and the lower part of the forehead—his brain was quite healthy.
COURT. Q. Have you been at the prison for some time? A. Yes, for several years—I see those prisoners who wish to see me, every day—I had not seen Daley very recently before the 30th—I am not prepared to say
how long before—he had applied to see me, I think, two or three weeks before—he was somewhat delicate—the coagulated blood was at the orifice of each nostril—that is not an unusual circumstance—there had been no disease in any of the parts; I consider that the effusion in the cavity of the nose, arose from a blow externally.
SAMUEL JOHN BROWN . I am a prisoner in Millbank Prison, and came from there this morning—I knew the deceased man, Daley—I remember the Saturday morning when this affair took place—about a quarter past 6 that morning, I was taking a table and bucket into my cell; at that time Daley passed behind me, carrying a tub—he was going towards the centre—just after he had passed, I heard a noise that attracted my attention—I turned round, and saw Hayes strike Daley first with his left fist, and afterwards knock him down with his right—Daley bled at the nose from the blow—I did not hear that he cried out—I ran up to Daley, and called out for Hardiment, the warder; he came up—I heard him ask Hayes what he had done this for, but I did not hear the answer; upon that the warder locked Hayes in his cell—I assisted the warder to take Daley to his cell—he was bleeding as a person ordinarily would from a blow—he was left in his cell at that time—I saw him again about an hour after—his nose was still bleeding—I saw him again at half-past 8 that same morning—I went to him then, as I thought I heard some one groaning—I told Hardiment, and we went into his cell and asked him if he was worse—he said, "Oh! I am fainting"—he was holding his handkerchief to his nose at the time—both the blows struck by Hayes were in the face.
JOSEPH CLARK . I am a prisoner in Millbank Prison—I saw Daley knocked down by Hayes on this Saturday morning—before Hayes struck him he said he would knock his head off—Daley said, "What for?" and Hayes said, "I will knock your head off for two pins; "in a threatening manner—Daley said, "I have done you no harm"—Hayes said something that I could not understand—he had a broom in his right-hand, and his left-hand was clenched, and at the same time he threw the broom away, and struck Daley a violent blow with his left-hand, and hit him again with his right; that caused him to stumble; as he was stumbling he caught against my foot—I was about a yard and a half from him—I don't know whether that caused him to fall or not, but at the same time, as he was falling, the prisoner struck him again in the face, and that increased the fall—he fell and bled a good deal—Brown called out to the officer.
COURT. Q. How old are you? A. Seventeen—I am at Millbank for picking pockets—my sentence is seven years—I was just coming from the centre of the ward when this happened; walking along the ward to my cell—I was under the charge of Mr. Hardiment—the ward holds thirty—there were several there besides me.
JOSEPH RANDALL . I am the infirmary officer at Millbank—the deceased was brought to the infirmary about a quarter to 9 on Saturday, 30th January—he seemed very faint—he vomited blood, and beef-tea and other things that he had drank—I should think he vomited about a pint of blood altogether during the time he was in the infirmary—I was there constantly with him—about five minutes past 5 in the morning, I was summoned by the night officer—I went into the ward and saw the deceased—he was dying—I immediately sent for the surgeon, and by the time the surgeon got there the man was dead.
Prisoner's Defence. I never meant to do the man an injury—I have been eleven and a half years in Her Majesty's army; I was in the
Crimea, and through the Indian mutiny, and never did any man any harm yet, save striking him with my hand.
GUILTY .— Confined Two Years, to commence at the expiration of the sentence he is at present undergoing.
MR. DALEY conducted the Prosecution.
JOHN ROBERTSON . I am a tailor, and live at 10, West-street, Upper-St. Martin's-lane—on 6th February, I was passing through Long-acre; just at the corner of Bow-street there was a crowd—I went off the flag-stones to go on the causeway to avoid them, and immediately I got off I received a stroke in the mouth, and one at the back of the left-ear, both at one instant—I did not see the person that struck me—my teeth were loosened—I became insensible, and know no more; when I recovered I saw the constable, Monckton—he was in plain clothes—I told him I was robbed of my pocket-book, money, and some keys.
WILLIAM MONCKTON (Policeman, F 165). About half-past 12 on the night of 6th February, I was on duty in plain clothes in Long-acre—I saw the prosecutor, and several men and women standing round him; the prisoner was among them, standing in front of him—she had his waistcoat-pocket in her hand—her baud was outside the pocket, holding the bottom part of the waistcoat—I went forward and asked the prosecutor if he had lost anything—the prisoner ran away directly—the prosecutor was bleeding from the mouth—he told me he had lost some money—I assisted him to the station, and then went in search of the prisoner; I arrested her two or three hours afterwards at a coffee-house in Great Queen-street, Lincoln's-inn-fields—she was searched in my presence.
NOT GUILTY .
MR. KYDD conducted the Prosecution.
CHARLES THOMAS GORDON . I live at 5 A. Bridge-street, Mile-end-road—on the evening of 26th December I was at Mr. John's, Mile-end-road, and saw the prisoner—he was racing; he was in a cart and horse—there was another cart alongside of him—this was in the Mile-end-road; Globe-road crosses the Mile-end-road—I saw an old gentleman knocked down in Globe-road by the horse the prisoner was driving—there is a crossing there across the road—there were not many persons about—the two horses and carts were racing together; one was trying to get before the other—it was pretty light; it was about 5 o'clock, between 5 and 6.
Cross-examined by MR. RIBTON. Q. Were you returning from your work? A. Yes—there was no one with me—I was at Mr. John's door when I saw the old gentleman knocked down—I was about five yards from the spot where he was knocked down, as far as from here to the end of the Court—I saw the cart go past Mr. John's door before the old gentleman was knocked down—the driver never hallooed for the old gentleman to get out of the way; he was hooting and hallooing—the prisoner was sitting down in the cart; he had a whip—I saw him hit the horse with it—I heard him halloo—I am not able to say what it was that he hallooed—the man in the other cart hallooed too—the old gentleman was crossing Globe-road; the cart was going to turn into Globe-lane from Mile-end-road—Globe-lane crosses Mile-end-road; this happened at the corner of Globe-road—the old gentleman was about two feet
from the kerb when the cart came on him—it was not a costermonger's barrow; it is what they call a half-cart—there was a woman in the cart with the prisoner.
COURT. Q. Is Mr. John's place in the Mile-end-road? A. No, in Globe-lane—the carts were going down Globe-road to go into Mile-end-road, and they passed me in Globe-road—the cart the prisoner was driving passed nearest to me.
JANE JONES . I reside at 4, Globe-road, Mile-end—Globe-road runs into Mile-end-road—my house is about fifty feet from the end of Globe-road; the distance of four houses and a wall—on the evening of 26th December between 5 and 6 o'clock, I was standing at my own door—I saw the prisoner driving at a very rapid rate—there were two vehicles—I knew the deceased, Williams, merely by passing the door—I never spoke to him, but I had frequently seen him—I did not see him that night until after he had been run over, when he was carried by my door by two men—I did not see him run over—I particularly noticed that the carts were going at a very rapid rate indeed; I should say they could not go faster—the prisoner was driving one of the carts; he was in about the middle of the road—the Globe-road is very narrow; it is sixteen feet wide within a few inches, under or over—there is a crossing at the end of the lane, where persons are in the habit of crossing over; that is along the Mile-end-road—I did not hear the prisoner or any other person hallooing or shouting; I consider they were all tipsy—they were singing and hallooing as they passed my door—I can't say how long it was after they passed my door that I saw the deceased carried by; he was taken to the doctor's.
Cross-examined. Q. Were the carts driving towards Mile-end-road or from it? A. Towards it, coming down the road from Globe-road into Mile-end-road—the accident must have occurred almost immediately after they passed my house.
WILLIAM BACON . I live at 1, Albany-street, Whitehorse-lane, close to Mile-end-road—I was in the neighbourhood of Mile-end-road on Boxing night—I was at that part of Mile-end-road where Globe-road comes into it—it was about half-past 5 o'clock—I saw the prisoner coming down Globe-lane driving a cart—I was standing right in the middle of the pavement, some distance from Mrs. Jones's house, nearer the Mile-end-road—I saw the deceased man, Williams, cross the crossing at the bottom of the road; he was just against the gutter at the end of the kerb—he was in the Mileend-road, going to cross to the other side—when he was crossing the prisoner sung out two or three times to get out of the way; he was then about fifteen or sixteen yards off—as far as I could see the prisoner tried to pull up as quickly as he could, but it is a great deal down hill there—when he got to the crossing the shaft of the cart knocked the old gentleman down—I saw that—I should say the horse was going from six to seven miles an hour, as near as I could say—I have not been accustomed to driving—I saw the shaft of the cart knock the old gentleman down.
Cross-examined. Q. Did not the prisoner call out to get out of the way several times? A. Yes, two or three times, while he was fifteen or sixteen yards away—I distinctly saw him try to pull the horse up as well as he could—it was a costermonger's cart; I did not see any other cart—it was not a heavy cart.
COURT. Q. Is Globe-lane on the descent? A. Yes—I was coming from Whitehorse-lane across Mile-end-road, going to Globe-lane, on the same side as Mrs. Jones's house—I had not got so far as Mrs. Jones's—I was a very
few yards from the corner of the Mile-end-road—I only saw one cart; I was coming in the same direction as the cart—I crossed Mile-end-road, and the cart was coming down Globe-lane, and met me.
SAMUEL WHITE (Policeman, K 471). On 26th December, about half-past 5 in the afternoon, I was standing in the Mile-end-road, not on duty—there is a smartish slope from Globe-road into Mile-end-road—I saw two carts coming down Globe-road one after another—the prisoner was with the first cart; they were coming at a pretty good pace—I was standing at the south side of Mile-end-road, about twenty yards from where the deceased was, exactly opposite the Globe-road—the carts were coming down on the north side; I might be about twenty yards from the crossing—I saw the cart the prisoner was driving; it might have been twenty or thirty yards before it reached the crossing—I took particular notice of the cart coming down; I was watching him when he came through the mob of people that were passing, and I saw the deceased fall—the prisoner pulled up directly the man was knocked down—there were a great number of persons about; it was on the Saturday night after Christmas, and a great number of persons were passing—I should not like to say any particular pace at which the prisoner was driving, because I am not much of a judge, but he was going at a pretty fast trot.
Cross-examined. Q. You would not say it was furious driving? A. No—the prisoner's cart was coming towards me—I heard him call out once or twice—I can't say what he called out; I heard him hallooing to get out of the way.
COURT. Q. Look at that paper and see if that sketch is at all like the position of the roads? A. Yes—the prisoner's cart was not much ahead; the other appeared to be close after it—I don't think they had got abreast of each other before I saw the man knocked down; the prisoner's cart was first then—he pulled up directly the man was knocked down—there were persons passing to and fro athwart the crossing, right across the road both ways—the prisoner kept on the outside of the crowd—Globe-lane ends at Mile-end-road.
EDWARD WILLIAMS . I am a cab-driver, and live at 3, East-street, Globe-fields, Mile-end-road—on the evening of 26th December my father was brought to my house—his clothes were covered with mud—with the assistance of two men I carried him upstairs and undressed him, and sent for a doctor—he had a wound on his left leg below the knee, and he complained of great pain in his right hip—he remained at my house till the 29th January, when he died—he was confined to his bed the whole of that time, except that for the first three weeks we got him out of bed every day to have his bed made, but after that time he gradually sank, and we could not get him out of bed—I had seen him about 12 o'clock on 26th December; he was then in perfect health.
Cross-examined. Q. You had one doctor to him for a fortnight, had you not? A. Yes—he was within a few days of seventy-three years of age—he had been a permit-writer in the Excise, and had been superannuated for thirteen years—he was in the habit of walking about every day—on this day he had a carpet-bag with him; he had been to market—Dr. Atkins attended him for the first fortnight—he took very little substance; he mostly subsisted on wine and brandy, and so forth—he took no sort of substance from the time of the accident—he did not swallow two mouthfuls of food; he lived on nothing else but wine and brandy—that was by the doctor's direction—he took but little brandy, but sometimes he would drink a pint
of wine or more during the twenty-four hours—the brandy was given to him diluted with cold water.
MR. KYDD. Q. Was he an active man? A. Wonderfully so; quite as capable of moving about as myself.
AARON ATKINS . I am a member of the Royal College of Surgeons, and practice in the east end of London—I was called in to see the deceased on 26th December, about 5 in the evening—he had a lacerated and contused wound of about three inches long on the front surface of the left leg just above the ancle—he complained of considerable pain over the right hip, but there was no external appearance of bruise—the injury to the leg was such as would be caused by being run over; it struck me from what I heard, that the shaft of the cart might have struck him in the hip—I continued to attend him for nearly a fortnight—during the first two or three days he progressed favourably—I had known him for some years—his health was good prior to the accident—he was an active healthy man for his age—after the lapse of two or three days the wound assumed a very unhealthy character—there was effusion under the skin, and sloughing; erysipelas set in which extended up the leg to the knee, and ultimately to the hip, and from that time he rapidly grew worse day by day—I did not order the stimulants until after he became exhausted from the sloughing—I don't know the date of my last visit to him, but I think it was one day within the fortnight.
Cross-examined. Q. Did you order him to take as much as a pint of wine or more a day? A. I did not order him any given quantity till he began to sink—that was after—the two or three days, when erysipetal inflammation set in, and when the sloughing and discharge were going on—I directed a wineglassful about every four hours—I attended him daily—I had an opportunity of seeing what effect the stimulants had upon him—they have a very different effect upon a man when he is in suffering than they have at other times—a pint of wine would not be too much for him—I have seen a man take a quart of brandy in a night—this man's friends complained that there was a difficulty in getting him to take anything, and I pressed it upon them—I don't think it would have a considerable effect upon the muscles of the brain—I don't think it would account for the effusion—it was serous effusion.
COURT. Q. Might that result from extreme debility? A. It might—I saw nothing about the tongue or the action of the pulse to show that the stimulant was producing any injurious effects.
HENRY CHARLES ROBINSON . I am a member of the College of Surgeons—I was called to see the deceased on 8th January—I found him in a very low state, with excessive sloughing of the left leg, and extended erysipelas as far as the upper part of the thigh—I continued to attend him till 29th January, the day of his death—he was very low, and required to be sustained by beef tea and wine, and those kind of things—I made a postmortem examination of his body—I found all the organs of the abdomen and chest in a healthy state, particularly so for a man of his age—there were some slight adhesions of the pleura, showing some former trifling mischief, but nothing of any consequence—upon examining the brain there was serous effusion to the extent of three ounces—I have heard the account of the accident from the witnesses—the wound and the subsequent consequences were such as I should have expected from such an accident—the effusion of blood on the brain, I consider, was the product of irritative fever, and mischief which he had been enduring for five weeks, as the result of the accident.
COURT. Q. Were you enabled to form an opinion whether what you saw
on the whole might be attributable to natural causes, or to some violence, however applied? A. It is impossible to say; effusion of the brain sometimes occurs from natural causes—I think what I saw was the result of irritation caused by violence.
Cross-examined. Q. Were you able to form an opinion as to the length of time this effusion had lasted? A. I should say it did not occur in the earlier part of his illness, because he was so extremely conscious of everything that was going on—he did not seem to labour under any bad effects—I should say it had been gradually coming on for three or four days perhaps—if I had not heard of any accident, I should have said it might or might not be attributable to natural causes—by serous effusion I mean watery effusion on the brain—that produces unconsciousness—for the last two or three days he required to be raised in order to understand, but at the first part of his illness he was clear and collected; the unconsciousness came on during the last day or two—I will not say that was entirely attributable to the accident; it might or might not be—under the circumstances, I consider the serous effusion was attributable to the accident—if I had not heard of the accident, I should have said it might have been entirely independent of any accident—I am not able positively to say that the one was a natural sequence of the other—in a person of his age it would be more likely to occur from natural causes—it arises from weakness of the vessels of the brain; they grow weak as we grow older—I desired beef tea to be given—I did not order so much as a pint of wine to be administered, but a large quantity was necessary to sustain life with his feeble powers—both beef tea and wine were necessary—I did not attend him at the same time as Mr. Atkins—I desired him to continue the wine-glass of wine every four hours—if they had given him a pint a day it would not have been too much—if they had told me they had given him a pint and more, besides brandy, I should perhaps have said it was too much: if it was much more than a pint, a glass or two more would not have been too much, or a glass or two of brandy besides; in fact, he required the stimulant to keep him in existence—latterly, for the last few days, I believe he rejected almost everything—I don't think too much was given to him—too much stimulant might, in certain cases, account for effusion on the brain.
COURT. Q. Would it account for serous effusion? A. It might—a patient suffering from sloughing might take with safety stimulants that would not be given to another patient—I had no reason to suppose, from the action of the pulse or the tongue, that he bad taken more than enough—the abdomen was in a healthy state, and also the chest—looking at that fact, and at the lacerated wound on the leg, I consider the serous effusion was the result of the accident—I should have said it arose from some accident even if I had never heard of this accident, and that the ordinary course of life had been interfered with by some calamity.
NOT GUILTY .
NEW COURT—Wednesday, March 7th, 1864.
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution.
last, I was with my son in Newgate-street—the shops were open and the street lamps alight—I heard money fall; two or three persons stopped to pick it up, and I paused so as not to interrupt their search—the prisoner was five or six yards in front of me, looking on when I found the search was not over, I started forward and went up against the prisoner, who, to my surprise, resisted my passing—I pressed against him, and as we brushed past each other, I saw my gold watch passing under his cape—I thought it was an accident, that the chain had caught in the button of his waistcoat, and passed my hand along the chain very quickly, to release it—while doing so, I felt a snap, and the prisoner started off; I started in pursuit—my watch was gone, and the chain was left in my hand—I did not speak to him—I heard nothing fall before he started—he was afterwards secured—I did not lose sight of him except the moment he turned the corner into Pannieralley—he was stopped by the people coming the other way, and I put my hand on him at once.
Cross-examined by MR. PATER. Q. Where had you come from? A. From London-bridge station, where I had been to see a son off for India—I had walked over the bridge—I looked at my watch in the station both before and after the train left—I passed my hand along the chain, and as it was approaching the end I felt it snap—when I accused him he said, "You accuse me of taking your watch, good God! I take your watch! the man who has taken it has gone on before, and I am running after him"—there was no one running before him so far as I could see—I did not hear anybody call out, "Stop thief!"—Newgate-street was rather clear; there were a few people.
MR. BESLEY. Q. When you looked at your watch at the London-bridge station, was it attached to your chain? A. Yes, and I saw my chain afterwards in its proper position—nobody was within reach of the utmost length of my chain—I am certain the prisoner is the person—it took longer than such things are said to do, because it was an old-fashioned watch with a swivel loop.
WILLIAM RIPPORTH CRAWFORD MERRINGTON . I am a son of the last witness, and am also a clerk in the Bank of England—I was with him in Newgate-street, and saw some men on the path looking for something—I heard the expression, "Oh, you have knocked a half-crown out of my hand"—the prisoner passed between us and the men who were looking for the money, and before he crossed I noticed that my father's watch chain was hooked into the prisoner's coat button, my father disengaging it, and the prisoner's hand disengaging it also, as I thought, and next I saw the chain hanging down without the watch—the prisoner ran away as fast as he could—I ran after him, and kept him in view, except for half a second, in turning the corner of Pannier-alley, and he was stopped in about ten seconds, and before he got out of the alley—he was then still running—he had on a cape—I am certain he is the person who ran against my father in Newgate-street.
Cross-examined. Q. How many persons were collected on the pavement where the money was lost? A. Four or five, but I did not notice them much—we and they had the pavement all to ourselves, I think—no person was nearer to my father than the prisoner, I believe.
GUILTY .—He was further charged with having been before convicted; to which he
PLEADED GUILTY.**— Confined Eighteen Months.
MR. LAWRENCE conducted the Prosecution.
WILLIAM GREENAWAY (Policeman, T 191). On 11th February, about 1 o'clock in the afternoon, I was on my beat at Notting-hill, and saw the two prisoners and another man, in Vicarage-gardens—they had nothing with them then, but they were looking down the areas—about half-past 2 I met them in conversation, and walking very fast—Day had a bundle under his arm—I went across the road, and said, "What is this?"—Day immediately threw down a tea-pot out of a handkerchief, and ran away with the handkerchief in his hand—the other two ran in different directions—I followed Day, calling "Stop thief!"—he was stopped by a young man, and I took him in custody—he said that he picked the tea-pot up in the road—I saw Lee at the station on the 24th with a man in plain clothes, whom I had not previously seen, and identified him immediately—I did not know him by sight.
Cross-examined by MR. WHARTON. Q. How many times did you see them together? A. Twice—I stated so at the Police-court, but I believe it is not in my deposition—the deposition was read over to me, and I did not object to its not being in—Day ran down a turning which was no thoroughfare, dodged me about, got past me, and ran a hundred yards—he ran about three hundred yards altogether.
Cross-examined by MR. WILLIAMS. Q. Who brought Lee to the station? A. There was a constable there in plain clothes—I was not aware he was a constable, but I found out afterwards that he was—I spoke to the man who brought Lee in first—he said that they had brought a man, and I met them at the door—I had never seen either of them before.
WILLIAM HARRISON . I am a cellarman of 45, New Compton-street, Soho—on 11th February, a little after 2 o'clock, I was on the Ladbrook-road, Notting-hill, and saw Greenaway cross to Day, who threw down a tea-pot, and ran away—I picked it up, and followed them—I stopped the prisoner after he had got away from the constable five or eight minutes after the teapot was dropped—I did not lose sight of him.
Cross-examined by MR. LAWRENCE. Q. Did you delay him till the constable came up? A. Yes—he said that he would hit me if I did not let him go—I saw two more men running at the time.
Cross-examined by MR. WHARTON. Q. How far did Day run? A. Between three and four hundred yards.
JULIA DYSON . I am in the service of Colonel Thomas Jamieson, of 30, Kensington-park-gardens—this tea-pot is his property—I saw it safe in the pantry between 10 and 11 o'clock on the morning of 11th February, and missed it between 3 and 4 in the afternoon—the pantry is close by the area—I saw that the area door had been opened between 1 and 2, which was not usual.
JAMES GATLAND (Policeman, B 322). On 23d February I saw Lee, about 10 o'clock at night, at the Gloucester Arms public-house, Chelsea—he turned his back to me—I took hold of him, and told him I should take him for being concerned in stealing a tea-pot with a man named Durkin, I said, but I meant to say Day—he said, "It is no more than I expected, but, so help me God, I am innocent.
LEE,— NOT GUILTY .
DAY— GUILTY .—Lockyer, a warder of the House of Correction, stated that he had been repeatedly convicted.— Confined Two Years.
MR. GRANTHAM conducted the Prosecution.
GEORGE PERRY . I am a tailor of 62, King's-cross-road, and have a shop at No. 4—on 16th February I locked up all the doors, and left for the night—about half-past 3 next morning, I was sent for, and found the shop in great confusion—eight umbrellas had been taken from the window, and laid on the counter for removal—this coat was taken out of the window, and another was lying on the floor—they are mine—the shop and gas-pipes were damaged, and the fan light over the door broken, which I had locked before leaving.
CHARLES KEMBER . I am an apprentice to the last witness—I sleep in the back shop—I heard a noise in the passage, but waited till the person got to the door of the back shop, thinking it was one of the men—I said, "Is that you, Charley?"—he did not answer—I said, "Is that you, Charley?" he said, "Yes"—it did not sound like the workman's voice, and I went out and found the prisoner in custody.
Cross-examined by MR. WHARTON. Q. Did you see the prisoner? A. No, it was dark—I guess that it was him.
JOSEPH BRICE (Policeman, G 87). I was on duty in King's-cross-road, and heard a noise at No. 4—I stopped a minute, heard the lock open, and the prisoner ran out—I asked him what he was doing—he said that he had just come home from a concert—I took him back to the shop, and found it open—I called the inmates up, and sent for Mr. Perry, who identified the clothes—the entrance had been made over the fan light.
Cross-examined. Q. Did he open the door and come out, or did you find him in the street? A. He was inside and came out—I was outside waiting for him—the door opens into the shop, and the hinges are on the right hand—I was standing against the door-post because I heard some one there—when the prisoner came out he tried to get away, but I stopped him at the door—he turned to his left, and ran into my arms—I asked him where the concert was, but ho did not tell me—there are concert rooms not a great way off—there was no concert that night—I said at the police-station that I saw the prisoner come out at the door, not that I met him in the street—there is no inspector or Serjeant here who was present when I mentioned it—Inspector Potter was there, and Mr. Perry.
COURT to GEORGE PERRY. Q. Did you hear what was stated by this witness at the station? A. Yes—he distinctly stated that he was standing at the door as the prisoner ran out.
GUILTY .—He was further charged with having been before convicted of burglary at this Court in March, 1856; to which he
PLEADED GUILTY.**— Confined Eighteen Months.
THIRD COURT—Wednesday, March 2nd, 1864.
Before Mr. Common Serjeant.
MR. COOPER conducted the Prosecution.
SUSAN SMITH . I am the wife of Charles Smith, and am housekeeper to Mr. Forbes, at 115, Rood-lane—on 1st February, a little before 8, two persons came to Mr. Forbes's office—the prisoner was one of them—they came to the street door and asked me what time Mr. Forbes came—I said, "About half-past 9"—they said, "We have come to examine the gas-burners, as they do not burn very bright"—I said it was very strange Mr. Forbs had not mentioned it to me when he went away on Saturday—the other man then aid, "Oh! we received a letter late on Saturday night, or else we ought to have been here before"—I went up stairs with them to the second floor, where Mr. Forbes's office is, and the other man took off his coat and put it on the desk—he then took a small instrument out of his pocket, and undid one of the gas burners, unscrewed it, and took it off—the prisoner stood by the iron safe, close to the door—whilst there my little girl came in and said the street door was not closed—I went down to shut it, and when I came up again the other man had the two burners in his hand—he said, "Tell Mr. Forbes the gas burners are only corroded, he won't require new ones; we will bring them back in an hour"—I then let them out of the street door—after that Mr. Ritchie, Mr. Forbes's clerk, came, and then it was discovered that two desks and a cabinet had been broken open—I next saw the prisoner at Seething-lane about two hours afterwards—I knew him to be the same man in an instant—I am positive now that he is the man—I knew him the moment I saw him.
Cross-examined by MR. HORRY. Q. I believe you were not always quite so certain? A. I don't know about that—I am positive in this case I always felt as certain—I was taken by the constable to Seething-lane to see this man—I gave him a description of the men first—the constable said, "Walk in; do you know that man?" and I said, "Yes"—he was then standing in the station by the policeman—I was not examined twice—the Lord Mayor called me back and asked me if I was certain that was the man, and I said I was—Ann Smith is my daughter—I know the man was a dark man, but I did not notice whether he had a moustache or not; he had dark whiskers, I know.
MR. COOPER. Q. Did you see his face? A. Yes—I saw sufficient of him to recognise him again—I am positive I am not wrong.
ANN SMITH . I live with my mother at 115, Rood lane, and am thirteen years old—I went into Mr. Forbes's office on this morning to tell her the door was open—I looked into the room and saw two gentlemen—the prisoner is one of them; I am quite sure he is the man—I did not notice whether he had any hair on his upper lip—I saw him take the burner off against the iron safe, and I then went up stairs.
Cross-examined. Q. Did a policeman take you anywhere to see the man? A. Yes, to the Mansion-house, and I saw the prisoner with a lot more men at the bar—I thought he was not the man then, but now I am sure he is the man—it was when he was put to the bar that I thought he was, because he had changed his coat.
MR. COOPER. Q. What kind of coat had he on when you first saw him? A. Something like the one he has now, but not that one—I am quite sure he is the man.
THOMAS JOHN HOOPER (City-policeman, 502). The prisoner was given into my custody by a Mr. Ellis, at No. 32, Gracechurch-street, on the groundfloor, for entering his house for an unlawful purpose—I searched the prisoner, and found on him a packet of pen holders, seventeen boxes of steel pens, some pencils, 8d. in money, and a screw-driver, which the other constable has.
Cross-examined. Q. Has he the coat on now which he had on when you took him in custody? A. I believe he has—I think he has been shaved—I did not take him to Newgate, I took him to the Mansion-house—he bears very much the same appearance as he did then—he had not a large moustache when I took him; it was about three days' growth—I took the screw-driver out of his coat-lining behind—there is a hole through the pocket of his coat—I did not notice any hole in the lining; the screw-driver was between the cloth and the lining—he has the same coat on now.
COURT. Q. What day did you take him? A. On 1st February, about 10 in the morning.
JOHN BANYARD (City-policeman, 562). I examined the desks at Mr. Forbes's office—I took this screw-driver with me, and examined some marks on the desk with the instrument—on three distinct places the indents were the same size as this screw-driver would make; it is a very sharp screw-driver—I tried the depth of the indents, and they tallied; it made exactly the same marks.
Cross-examined. Q. Any instrument of the same size would make the same marks, I suppose? A. Yes; I cannot say that this is the instrument that did it—there are plenty of this size.
MR. COOPER. Q. Is not this rather a singular tool? A. It is a very good one—I have had it examined by some makers, and they say it is a very good one.
THOMAS LAURENCE FORBES . I am an insurance-broker, 115, Rood-lane—I did not on 1st February, or before that, give any authority to any person to go to my office and remove gas-burners—on arriving there on the Monday morning, I found my housekeeper and clerk in my room—I found two desks and a cabinet had been broken open—five shillings'-worth of postage and receipt stamps had been taken out of one desk—I did not miss anything else that I am aware of—I have not seen anything of the stamps since.
Cross-examined. Q. Were you in your office at the time? A. Yes—he opened the door—I asked him what he wanted—he said, "Do you want any steel pens?" and as I have been robbed eight or nine times during the last two years, I gave him into custody—Rood-lane is two or three hundred yards from Gracechurch-street.
MR. HORRY called the following Witnesses for the Defence.
MARY ANN VICKERS . I am servant to Mr. Richards, who keeps the Garibaldi beer-shop, Old Nichol-street, Shoreditch—I heard of the prisoner's being taken into custody on Wednesday, 3d February, and went to the Mansion-house, on Monday the 8th, and was examined there—on the morning of the previous Monday, 1st February, I opened our premises between half-past 7 and a quarter to 8—at that time I saw the prisoner—I had seen him once or twice before; he had come in to have a glass of ale—I served him with a glass of ale on this occasion, and he went away—he said he was going to be shaved—he returned about ten minutes afterwards—he was the first customer that morning—I know Mrs. Phillips—I believe that is her name; I know her by that name—she did not come into the house that morning—the prisoner went away from about half-past 9 to 10; it was between half-past 9 and 10, as near as I can guess—I did not see Mrs. Phillips till the Wednesday following—I was in the bar till very nearly 12, when I went up stairs.
Cross-examined by MR. COOPER. Q. How long have you been at the Garibaldi?
A. About seven or eight months—I have not seen many policemen there—I have not seen people taken out of there by the police, not one—I remember that it was Monday the prisoner came in, because I have rather more work to do on a Monday than any other day—I saw the prisoner before that, about a fortnight back—I went before the Magistrate because his wife came and asked me—I have not spoken half-a-dozen words to her, but she knew he generally used the place, and she came and asked me if her husband had been in there—I had only seen her once before with the prisoner, and I said, "Who is your husband?"—she said, "A short, dark man; he was in here early in the morning," and then I knew who it was—she did not say it was about 8 o'clock; she told me all about it, and I told her about the time—she did not tell me the time he was taken—she asked me whether a dark man came in and had a glass of ale, and I said, "Yes"—she said, "My husband has got into trouble; he is innocent; will you be kind enough to come and say what you know?" and I said I would.
WILLIAM ROBERTS . I am a hair-dresser at 12, Charles-street, Shoreditch, which is near Nichol-street—I know the Garibaldi Arms, at the corner—on Monday, 8th February, I was at the Mansion-house—on the Monday before that, the 1st, I opened my shop at half-past 7 in the morning—I shaved the prisoner at a quarter to 8; he came in a quarter of an hour after I opened my shop—he was a regular customer, and had been so for ten months, on and off.
Cross-examined. Q. You shaved him that morning as you did every other? A. Yes—I have a great number of people to shave; it is impossible to say how many; I never count—the prisoner did not have his top lip shaved that day; he had three days' growth of hair on his top lip—I left it that morning.
MR. HORRY. Q. Was he the first, second, or third customer that morning? A. The first—his wife told me he was taken, on the Wednesday following—I went to the Mansion-house in consequence of that.
CATHERINE MACK . I have lived with the prisoner as his wife; I am not his wife—I have been in the habit of travelling about with him—on Monday, 1st February, we were going to Norwich—he went with me to the train close upon 10 o'clock—he was with me at 7 in the morning, and left me about half-past 7, and said he was going to get a glass of ale—he afterwards came back again and told me to get the things ready—we came from Southampton the day before, and we slept at a coffee-shop—I met him in Church-street to go to the Shoreditch-station—we missed the train and came back—I had a few words with him in the street about missing the train; it was to go at three minutes past 10—we were misguided—we got there about five minutes before 10—the train went much earlier than that; the man told us wrong—after that the prisoner took this paper parcel, and said he would go out and see if he could earn a few shillings—he did not come home, and the next morning I heard he was in custody, and I went and saw him—it was in consequence of something he said that I went to the person at the Garibaldi Arms and the barber.
GUILTY .— Confined Nine Months.
MR. LEWIS conducted the Prosecution.
SARAH FORD proved the nature of the assault upon her, which is unfit for publication. I live with John Pask as his wife, and have done so for the last twelve years—about four days after the assault the defendant called
upon me—he said, "Are you Mrs. Pask?"—I said, "Yes"—he said, "I have come concerning this disgusting case which happened to you the other evening"—I said, "Oh"—he said, "I have come to settle it if I can"—I said, "Come to settle it?"—he said, "Yes, it won't do you any good to give Mr. Anconi a heavy punishment, and a few pounds would do you more good"—I asked him which way he thought I could go into a police-station if Anconi was taken, and say that I did not know that man, when I had told everybody I could swear to him—he then said, "You can say, 'Very likely that is the man, and I dare it is, but still I can't swear to him"—I said, "That would bear very great consideration on my part, as I had been the sufferer every way"—he then said, "Won't you settle it? you can have some money if you like, "and he shook some money in a bag—he told me to speak to Mr. Pask concerning it—I told him I would do so, but I did not know his name—I handed him a pen and ink, and he wrote his name on this piece of paper (produced) in my presence—he told me to name a moderate sum of money, as Anconi was not a moneyed man—I saw him after that two or three times; I next saw him about two or three days afterwards, in the evening, about 9 o'clock—he came and rang the bell, and said, "Is Mr. Pask at home?"—I said, "No"—he said, "I shall go and wait at Griffin's till he comes"—about half-past 10 Mr. Pask had not been in, and I went to Griffin's public-house to see if he was there, to prevent him seeing the prisoner—the prisoner saw me push the door open, and he followed me out and said, "Is Mr. Pask come home?"—I said, "No"—he said, "Will you have a glass of brandy, or a glass of wine?"—I said, "Thank you, Sir, I don't drink anything"—he then pulled a bag from his pocket and said, "Here is a rare lump of gold for you, if you like to accept it: I will sacrifice my life before Anconi shall be taken; you had better accept it"—he shook the bag, and I heard the sound of gold—he came again that night at 12 and rang the bell, but he was told that Mr. Pask was gone out for the night—I saw him next one day at dinner-time, about half-past 12—I was ill, and had been in bed; I was not dressed, and I told him if he called again at 2 o'clock I should be able to speak to him—he came again at half-past 1, and rang the bell—at that time Sergeant Gee was inside the passage talking to me—the prisoner looked round, saw Gee, and said, "I will come again at 2 o'clock"—I said, "Very well," but he never came again.
Cross-examined by MR. SERJEANT ATKINSON (with MR. BESLEY). Q. You say he came to your house in the first instance, where you live? A. Yes, at 212, High-street, Shoreditch—we were alone together when this conversation took place—I told Mr. Pask about it—I told the prisoner it bore very great consideration on my part, as it was compounding a felony—I said that—I told him it was compounding a felony, and I was as likely to be punished as he was—I have mentioned that part of the conversation, about com-pounding a felony, two or three times—I told Gee of it, and I mentioned it to Romaine twice—I have been told it would be a very great crime to take money for this—my cousin, in the Borough, told me about compounding a felony—he lives at Hackney—he told me about it when I went to state the case, after I saw Romaine; that was the first time I had heard it—I saw my cousin before I saw Romaine—several persons came to me and offered me money—my cousin had seen me twice before I said anything to Romaine about compounding a felony—he had been to see me—my cousin said I must be very careful what I did, because it was a very great crime to take money after the case was in the hands of the law—if I said just now that the first time I heard of compounding a felony was when I went to my
cousin's in the Borough, it was a mistake—I went to him as soon as this happened, and he told me exactly how to act—I saw him on the Thursday, the day after this happened, at my own house.—I sent for him and his wife to come to me—I did go into the Borough to see him, but it was at my own house that he told me about compounding a felony—he also told me several times in the Borough; at my own house, and in the borough also—I am quite certain that on the first interview I told Romaine it was compounding a felony, and that he was quite as likely to be punished for offering money as I was for taking it—I told him that, when he was writing his name on the paper—I was anxious to get rid of him—I took his name, because he pressed me to; to give it to Mr. Pask—I could not recollect his name; it is rather a singular name—I had never heard it before—I should not have remembered it; I was too ill at the time—he did not tell me where he lived—I heard his name, but I told him I should not recollect it—he said, "If you will give me a pen and ink, I will write it down"—it was his own option whether he wrote it down or not; it was not my request—Mrs. Anconi came and offered me money, on 19th November, the day after the assault, no one else except her and Mr. Romaine—she came several times, and then she went to Mr. Romaine, as she could not make any impression on me—I am quite sure I saw the defendant at Griffin's public-house—there was no one else there—Mr. Griffin keeps the house—the bag of money was shown to me in the public street, at half-past 10 in the evening—there were people going backwards and forwards—it was in front of the public-house; close by the door—I was talking to him a few minutes there, about seeing Pask—he wanted to see Pask—the last time he came to my house was when Gee was there—that was before Christmas—he came pretty well every day—Gee had been there a great many times—he was there three or four times a day—no reward had been offered for Anconi at that time—all the interviews with Romaine were before the reward was offered.
MR. LEWIS. Q. You were very ill, arising from this treatment? A. Yes, I was very ill.
Mr. Prophet Dukes, a surgeon of 182, Brick-lane, proved the injuries received by the prosecutrix.
PORTER WILLIAM DUNNAWAY (Police-sergeant, H 11). On Wednesday, 6th January, I met Romaine in Lemon-street—he was walking along with two others, and he said to me, "You are a lucky fellow to get 2l. given you"—I said, "You look out or perhaps you will get two years given you"—he said, "What do you mean by that?"—I said, "You are interfering with business which does not concern you"—he said, "What do you mean?"—I said, "Going to that woman, who was assaulted up in later-street, a little while ago, and offering her money not to go against Anconi"—he said, "Well, I certainly did go and offer her money; the woman came to me, and I went to see her"—he did not say what woman; he said "the woman," and I took it he meant Anconi's wife—he said, "Sergeant Gee saw me there; I did not think the case was so serious as it was; when I found what it was I would have no more to do with it"—I said, "You had better be careful what you are doing, because I know they are thinking of doing something with you."
Cross-examined. Q. Do you know when the reward was offered? A. The reward did not come out until about a month after the offence was committed—I cannot say the date when I first heard of it or saw it—I think, on recollection, I was sent to a place in the country after Anconi, on 31st December, and the reward was out then—the defendant did not say
that Mrs. Anconi came to him—he said "the woman" came to him, but it conveyed the impression to me, that it was Mrs. Anconi who had come to him.
CHARLES GEE (Police-sergeant, H 14). I have a Judge's warrant in my possession which was granted on 9th January—the reward was offered some days before that—I recollect being at Mrs. Pask's house and seeing Romaine there—that was a few days after I had taken Hunt into custody—on 29th November he had had a hearing, and it was soon after that Romaine saw me, and said to Mrs. Pask, "I will call again at 2 o'clock"—she told me she had seen him before that morning.
Cross-examined. Q. I believe you saw Romaine after that, after the reward was offered? A. I saw him on the Wednesday before; the summons was for hearing on the Thursday—he then told me he would assist me all he could to get Anconi—he had a summons at that time against himself—I don't think I told him then that a reward was offered for Anconi's apprehension—there was something said about a reward—I believe I did tell him that the summons was adjourned from Thursday till Tuesday—he came several times to my house to see me, and said that he had been making in quiries about Anconi'—I was desirous, if I could, to secure Anconi—I should not get the reward myself; they would not allow me to have it.
NOT GUILTY .
MR. LILLEY C conducted the Prosecution
GEORGE MATTHEWS . I am a French polisher, and keep a shop in Charter house-street—the prisoner and his wife occupied my first-floor front room—he is a butcher's porter—on the evening of 27th January, between 6 and 7, I saw something come in collision with a chair, which was standing outside the door in front—I looked out and saw Mrs. Parker lying on the ground—I went and lifted her up, and put her against the window as well as I could—she was bleeding a little—she had a cut across her eye which was bleeding—I sent for a constable, who took her away—I had seen her in and out all the day—I saw her go in doors about half-past 4.
ANNIE GREEN . I am the wife of William Green, a police constable, and live in Long-lane, Smithfield—about twenty minutes to 7, on the evening of 27th January, I was passing along Charterhouse-street, and saw somebody fall from a first-floor window on to the pavement—she seemed to me to fall upon two chairs, and then to fall on to the pavement—I went up, and found a female lying against the chairs in the street, bleeding from the temple—I saw the last witness raise her up—the window of the first-floor was open, and I saw a man at the window.
WILLIAM POTTS (City-policeman, 135.) On the evening of 27th January, I was in Long-lane, Smithfield, and received some information, which induced me to go into Charterhouse-street—I there saw Mrs. Parker, sitting on the ground, with her back against the wall of the house, No. 21—I spoke to her, and in consequence of what she said, I sent for an officer—she made a complaint against some one, in answer to my questions—the other officer took her to St. Bartholomew's hospital, and I went up stairs into the front room of No. 21, and found the prisoner there—there was a chair thrown upside down, near the window, and a candlestick upside down on the table—the window was wide open—on a table, against a door leading to the bed-room,
I found this large chopper (produced)—I asked the prisoner where his wife was—he made me no answer—I asked him a second time, and said I should take him into custody on a charge of throwing his wife out at the window—he said, "And a b——y good job too"—on the way to the station he said that his wife had jumped out of window; that she did it herself—he did not state why she had done it herself.
Cross-examined by MR. COOPER. Q. The prisoner is a butcher, is he not? A. I believe he is—I have received information to the effect that he has been in the same employ for several years—he had evidently been drinking at this time, but he was not tipsy.
MARTHA PARKER . I am the prisoner's wife—I have been married to him twenty-five years next May—on the evening of 27th January, he and I were in our room at 21. Charterhouse-street, in the first-floor front room—between 6 and 7, some words took place between us—we were quarrelling, and he frightened me, and I opened the window and jumped out—he brought a hopper in with him, which he had just sharpened—I don't suppose he brought it in with the intention of hurting me, but he said he would not mind chopping me any more than he would chopping ten pigs down, and that frightened me—he had the chopper in his hand at the time—I was standing against the window, and I opened it momentarily and jumped out—he was standing near the table, close by the door—I could not get to the door without passing him, or I should have done so—I did not think of hurting myself when I opened the window, of course—the table is 4 feet 6 inches or 4 feet 8 inches long—one end of it was near the window—there was room for me to stand between the table and the window—he was standing up at the end of the table at the time he spoke to me about chopping the pigs down—I was taken to the hospital after I was picked up from the pavement, and have been there ever since; five weeks to day.
Cross-examined. Q. Your husband is a butcher, and worked for Mr. Benham? A. Yes—I don't know how long he has been with him—I had had a little ale on this day—I was excited; I will not say I was not—I had been drinking by myself.
COURT. Q. Did he say this as soon as he came in? A. Yes; as soon as he came in, we commenced having words—it might have been five or ten minutes after he came in that I jumped out at the window—we were quarrelling all that time.
MR. COOPER, for the prisoner, submitted that the injuries received by the prosecutrix were the consequences of her own act in jumping out at the window, and that the prisoner could not be found guilty on the Indictment.
THE COURT, having consulted MR. BARON CHANNELL, was of opinion that if the woman threw herself out at the window in the immediate apprehension if the violence of the prisoner, it was his act, and he was liable for the consequences; and that it was a question for the Jury whether she threw herself out by her own act, or in consequence of something which the prisoner send or did. The prisoner recevied a good character as a quiet inoffensive man.
MR. F. H. LEWIS conducted the Prosecution.
HENRY MASTERS . I am a tobacconist at Aldershot—on 22d December, I purchased some goods of the prosecutor's traveller, Mr. Worthy—I paid him for them—this is the receipt be gave me (Read:" Received of Mr.
Masters, the sum of 9l. 10s., 22d Dec., 1863, for A. Jones, J. H. Worthy"—the prisoner signed that in my presence.
HENRY GRAY . I am a tobacconist in High-street, Aldershot—I did not on 21st December, or at any other time, purchase goods to the amount of 9l. 6s. of the prisoner—I don't know him at all, and have had no business transactions with him.
Cross-examined by MR. NICHOLSON. Q. Are you the only Mr. Gray in Aldershot? A. There are other persons of the same name, but not in business—I am almost certain they are not.
MR. LEWIS. Q. How long have you lived in Aldershot? A. Ever since the camp was formed there, about eight or nine years ago—I am the only one in my own trade there of the name of Gray.
ALFRED ISAAC JONES . I am a tobacconist, at 132, Holborn-hill—the prisoner was employed by me as shopman, and occasionally went out, at his own request—he was employed as traveller by me on 22d December—he was to remit all moneys received by him by the evening post, if in time for it, with the exception of enough to carry him on to another town, enough for his expenses—on this occasion, he took goods with him I believe somewhere to the amount of 70l.—he did not pay over to me a sum of 9l. 10s. received from Mr. Masters, or account to me in any way for it—he did not tell me that he had sold him any goods—on the evening of 22d, I asked him if he had sold anything—he said, "Yes," and he took a little book out of his pocket, and called out various sums, which I can give you from my day-book—he represents, in this little book, having sold goods to the amount of 9l. 6s. to Mr. Gray—he has never accounted to me for that in any other way than saying that he sold them—I gave him into custody for these robberies, without saying anything to him—before that, I found out that he had been robbing me in other ways, and I forgave him—at the police-station, I asked him if those were all the accounts he had embezzled, speaking of the accounts at Aldershot, Gray's and Master's—he said,. "No, they are all wrong, except Nurse, of Lynn"—I had forgiven him for taking goods out of my place and making away with them—I had not forgiven him in respect of these particular sums.
Cross-examined. Q. Do you know Mr. Yardley? A. I saw him on two occasions—the first occasion was when I found out that the prisoner had been taking my goods away and selling them to Mrs. Yardley—he said he had booked them in the usual way, and sold them to her—I went down to the place, and while I was there he came in—I then saw Mr. Yardley for the first time—I took them up to my house to see if the prisoner could show me where he had booked the goods—my wife was expecting to be confined every hour, and I let him go then—a paper was written, in which he stated that he had robbed me, and I stated that I had forgiven him—I know Mr. Grace, from his coming to my house; he is the prisoner's brother-in-law—I have not done business with him—the prisoner asked me to let Mr. Grace have some cigars to sell to his fellow-clerks in the Brighton Railway office, to get a few shillings by, and I stated that I had no objection—I believe I have the agreement here by which the prisoner was to receive 1l. 5s. a month as salary when he first came—that was the amount he asked me for when he first came into my service—I don't think I had entered in my book it the Police-court, all the goods which the prisoner had previously sold—I entered them in the same way as I had done before, as sold to the customers on my account, and the moneys, in many instances, I had received myself—I gave the prisoner the goods as my property, to be sold to my customers—when
he confessed he bad stolen some goods, he said his brother owed him 1l. odd for cigars, and somebody else 10s., which he would pay me; but I never received that money—I used to enter the goods in a sort of rough order-book—he would take the goods away, and either send me up word by letter what he had sold, or give me an account of them when be came back—I looked over the stock when he came back; it was settled, and I gave him a little extra for remuneration for going the journey, which he was perfectly satisfied with.
GEORGE PAVETT (City-policeman, 227). I took the prisoner into custody—I told him I was a police-officer, and I was going to take him into custody for stealing and embezzling several sums of money, of Mr. Jones, of Holbornhill—he said his master had forgiven him—I found 2s. 6d. upon him.
GUILTY .—He was further charged with having been before convicted of felony at Chelmsford, in January, 1863, in the name of James Worthy; Sentence, Twenty-one Days; to which he
PLEADED GUILTY.** MR. LEWIS stated that he got into the employment of the prosecutor by a false character.— Six years' Penal Servitude. There was another Indictment against the prisoner.
Before Robert Malcolm Kerr, Esq.
MR. METCALFE conducted the Prosecution.
JOHN DAVY . I am a gardener, living at Stratford—I am a member of the Society of Progress in Unity, a branch of the Foresters—I pay a subscription of 7s. 3d. a quarter—I pay that to the prisoner—this is my subscription-book—I produce that to the prisoner when I pay him, and he enters the amount in a book—he writes his name opposite the amount—I find his name here—that is my receipt for the payment of the money—on 25th March, I find an entry of 7s. 6d., with the prisoner's name attached to it—I paid him the sum of 7s. 6d., on that day, at the Golden Horse, Forest-lane—that is where the Society meets, where the court is held—there were not many members there at the time, not enough to open the court—I paid it to him because there were not members enough to open the court—it was about a quarter past 8 in the evening—the court meets at 8—there were only three or four members there at the time—I am not aware that the sub-treasurer was there—I know the prisoner's book; but he had not his book there that evening, because the court was not opened.
COURT. Q. When the prisoner received the money, ought he to make an entry in a book of his own as well as in yours? A. Yes—the court was not opened, so that the books were not laid before us, and he could not enter it—he took it, and said he would enter it at the next courtnight—the books were not produced at all that evening.
Cross-examined by MR. F. H. LEWIS. Q. Do I understand you that there was no court that night? A. It was court-night, but there were not members enough to make a court—the book was kept at the court, at the public-house.
MR. METCALFE. Q. How long did you stay there after you paid the money? A. About twenty minutes or half an hour—I don't know whether the books were produced after that; I could not stop any longer—no book
was produced when I paid the money—7s. 3d. was the amount of my subscription, and threepence fine.
PHILIP WILLIAM CRICK . I work in the silk trade, and live at Norwich—I am a member of this Society at Norwich—I know John Swift; he is a member of this lodge—on 3d August, I forwarded an order for 6s. 3d. for Swift—this is the order—I forwarded it to Mr. Francis Jowers—his name is here as receiving the money—it is the same writing as I have received from him before—that was written since I sent up the order—I sent the amount by a post-office order, as the contribution of John Swift.
ALFRED MOSS . I am postmaster at Stratford—this order was presented and paid on 8th August—the name of Francis Jowers was then upon it I paid it to the prisoner—I know his handwriting—this is his writing.
BENJAMIN BRAYSHAW . I am a member of this Society—in March last I was acting as deputy-treasurer—on 25th March I acted so—I do not remember at what time I got to the meeting that evening—it was about 8 o'clock, I cannot say how soon after 8—the books were produced—I had my book, and the prisoner had his book—when a member pays in money I, acting as sub-treasurer, enter it in this book, and sign my name, and the prisoner also enters it in his book, and signs his name on the member's card—I receive the money, and hand it over to the treasurer at the close of the business—Davy should have paid his 7s. 3d. to me—I cannot say whether it is in accordance with the rules or practice of the Society to receive money before the meeting—if I was not there they would perhaps appoint another person to take my place until I came—I can't say whether the secretary ever received money—it was not his duty to receive money that I know of—the prisoner did not tell me of Davy coming on that night and paying 7s. 6d.—it was the prisoner's duty to enter the name in this book—I do not sign the contribution-cards—I receive the money, and the prisoner gives the voucher—we ought to have received it together—I am not an officer of the Society—it was the prisoner's duty to sign the contribution-card when the money was paid over in court—I know nothing of the sum received on 25th March—it was not paid over to me—if the prisoner had received it and signed Davy's book he ought to have handed the money over to me—it is not entered in either of our books—there are entries on that date in the prisoner's writing—they were made at that meeting—they correspond in all respects with the entries in my book—there are seven entries of moneys paid by members at that meeting.
Cross-examined. Q. I believe the court is held once a fortnight? A. Yes—if there was not a sufficient number of members to open a court I suppose the sums would be entered the next court-day, but I cannot say; I was not in the habit of attending the court regularly—there is a third book called a contribution-book—this is it (produced)—I have known the prisoner six or seven years—I always found him honest and respectable—I believe he has been in the same employment for the last seven years, besides this secretaryship—he has come from that employment to-day.
JAMES LOCK . I am master tailor of the industrial schools of the Whitechapel Union—I am one of the trustees of this Society—the other trustees are John Bass and George Mott—the prisoner has been secretary since the formation of the Society, about three years last September—it was his duty to receive money every court-night, and several of the members took money to his house—that was for the convenience of the members connected with the Great Eastern Railway factory—it was the prisoner's duty to enter it on the member's card, and bring the money to the court-house, hand it over to
the sub-treasurer, who would enter it in his book, and then hand it over to the treasurer at the close of the night's proceedings—the prisoner should make an entry in his own book, and sign the contribution-card—the two books ought to correspond together at the end of the evening's takings—the prisoner kept the book called the contribution-book—it was principally kept at his own house—he would enter the moneys in that book at the end of every quarter, and tally it with his other book—that was kept as a sort of ledger-account between the subscribers and the Society—the two principal books were the sub-treasurer's book and the secretary's book—he would enter in the contribution-book as he thought proper—it would make no difference to the society what he put in it—he had not to account from that book—that merely shows what was owing from each individual member—he would account for the money from what was entered in his own book and the sub-treasurer's book; he accounts for it on the card as well—the Society issues those cards—on the book produced for Davy be gives a receipt to Davy in his own name—he ought to have paid the money into the sub-treasurer's hands, and the sub-treasurer would pay it over to the treasurer—the contribution-book has nothing at all to do with it; the prisoner made that up himself, and brought it occasionally to the court when he thought proper—it was only wanted at the court once a quarter—these others are the two principal books, and these ought to tally one with the other.
COURT. Q. Then what was the use of the contribution book? A. To bring forward arrears and different things at the end of the quarter—it was a book furnished to him by the Society, and printed at their expense, and it was the means of their knowing what arrears each individual member had, that was the purpose of the book—it was a kind of ledger.
MR. METCALFE. Q. Just turn to it, and see whether this seven shillings and sixpence is entered in it to Davy's credit on 25th March. A. No, not at all—Davy's account is kept here in the prisoner's hand writing—there are other sums entered here by him.
COURT. Q. Is the June quarter entered? A. Yes, seven shillings and threepence—the August quarter is not entered, nor the November.
MR. METCALFE. Q. Look at Swift's account. A. Swift has no account in this book—he is secretary to a country court—country members pay through the prisoner by post-office orders sent to his own house—after some suspicion arose about these matters, I saw the prisoner; I met him at Ilford going to the Sessions house—he came up to me; I and the two other trustees were together, he asked if he could speak to me—I had not discussed this matter with him before that—he was not secretary then—he was suspended—he was suspended on 23d September.
COURT. Q. Then if he was suspended in September, he could not enter Davy's November contribution? A. No; the August quarter also is not entered—there was sure to have been a court-night in August, because the members came to pay their quarter's contribution.
MR. METCALFE. Q. State what conversation you had with the Prisoner at Ilford. A. He came up and asked if he could speak to me—I asked him if it was in reference to this case—he said, "Yes"—I said, "You had better speak to us all together; here are the other two trustees"—he said, "For God's sake don't go on any further in this matter, for if you do it will be my ruin; I have already lost my situation through it"—(that was not his situation as secretary, but his other situation)—"I will pay you the amount of all the defalcations, and any expense you have been at connected
with the case"—I told him I was extremely sorry for him, but I had nothing at all to do with the matter now, the court had placed it in the hands of Mr. Rawlins, the solicitor, and he had better see him on the matter—I believe the prisoner is clerk to a solicitor.
Cross-examined. Q. Did you go to Mr. Jower's house in company with your co-trustees, Mr. Bass and Mr. Mott? A. No; that is not the time I am speaking of—I think it was in December that I went to his house—it was on the 19th December that he made this statement to us—that was after the summons had been taken out—we did not give him into custody but took out a summons; we were going to the court-house about the summons when he met us at Ilford; previous to that I had been to his house and asked him to deliver over the different books—after two or three meetings there, he gave them over to us—I went there with my co-trustees, Bass and Mott—I showed the prisoner a paper with certain amounts upon it—he did not ask to be furnished with a list—he said, "Ask the secretary to give me an account of all the defalcations, that I may examine the books"—I believe he afterwards came and examined the books himself—we showed him the account—I did not give him a copy of it—this is the paper I showed him (looking at it) and he said to us at the same time, "I have received all these moneys; I must have received all this amount of moneys, or I should not have made entries on the cards for them," or "I should not have given a receipt on the card for them, and in the case of Davy, I remember quite well taking his money in the court-room"—I am certain about that last matter—I recollected it when I was at Ilford, and stated the same thing there, I think, or pretty nearly—I know this paper was put in evidence there—I will not swear that I mentioned about Davy's name in particular before the Magistrate—I will swear that the prisoner admitted the amounts of moneys he received—the accounts were audited every quarter—I never was an auditor myself—they were audited from these two books, and the contribution book; not from the members' cards—it is not the rule in Forestry to examine the members' cards, unless something is found out—the auditors signed the accounts as audited and correct, as far as regards these books; the contribution book would be there, but not the cards.
COURT. Q. Then, of course, the moment it appeared on the auditing that Davy had paid the June quarter and not the March, he would be pulled up for the March quarter? A. Yes; he would then produce his card, and we should have seen that Jowers had received it; we should not see that from the books—the arrear ought to have been discovered at the audit—some time before these defalcations were discovered, we caused an examination of the books; it might be a month or two before we suspended him that we first discovered these defalcations—he continued to act as secretary till we suspended him.
MR. LEWIS. Q. Did not he offer to pay to the Society any sum of money that was discovered not to have been paid over? A. No; the only time he offered to pay any sum of money was when we met him at Ilford, after the summons was taken out.
MR. METCALFE. Q. Was he asked to attend the court and explain? A. He was summoned to attend the court several times for the purpose of explaining the deficiencies, but he did not come at all—we might have summoned him two or three times—when we found he did not choose to explain it, we took out the summons; we consulted our solicitor—I cannot tell you when the audit was after the March quarter, unless I refer to the
books—it would be the next night after the quarterly night—the courts are held once a fortnight; the audit was always a week after the quarterly night—that audit would have been some time early in April—it was to suit the convenience of the secretary, he fixed the audit night, and went to the auditors and told them when they were to attend and examine the books, and they attended and audited for him when he was prepared with the books—he kept the contribution book at his own house—when the accounts were audited the contribution book was produced and compared with the other books—I cannot tell whether, at the time of the first audit up to 25th March, these items were entered in the contribution book; the book being in the prisoner's possession, it might have been made up after the audit—the auditors do not sign that book in any way—there is a balancesheet made out which they sign—if the contribution book was made up subsequent to the audit, we should have no check from that, but the secretary can explain more about these matters—this is the piece of paper that was produced to the prisoner by me—the name of Davy, and the amount 7s. 6d. is on that—he admitted receiving all this money, and Davy's amount he admitted receiving in the court-room—the amount of deficiency altogether may be about 8l. or 9l. not on this paper, we have not got all on this paper—the amount here may be about 3l. perhaps—I think there are 106 or 107 members altogether—the 8l. or 9l. consists of, perhaps, eight sums, of eight different members—Brayshaw's is the largest amount—I think that is 1l. 3s. 6d. in June, August, and November—they are three separate items—there is one amount of 16s.; 7s. 3d. is the amount of a quarter's subscription.
COURT. Q. Then it would take twenty-four of those to make 8l.? A. Yes—Brayshaw's is the first defalcation on this paper—that was in June, 1862—there are none in 1861 on this paper; in the course of the twelve months the amount of the blundering was about 3l.—the other deficiencies were before that—no; these are the first—I don't know of any item in 1861, I have not examined, or in 1860—the last date here is August—the prisoner was dismissed in September—the other items go on, perhaps, for three or four months after August—we did not go through the books, when we took out this summons—we suspended the prisoner in September, 1863—these amounts were all in 1862—we discovered the other sums between August, 1862, and September, 1863.
JOHN BASS . I am one of the trustees of this Society—I was with Mr. Lock when we met the prisoner at the Rabbits at Ilford—he asked if he could speak to us—we told him "Yes, if we are all three together"—he said, "Yes; all three"—we went into an adjoining room, and he there and then asked us not to press the charge—he said he was ruined; that he had lost his place, and that he was prepared with any money to pay whatever we wished—we referred him to our solicitor, and told him we had no power to do anything of the sort—I was present on a previous occasion when this paper was produced to the prisoner—we had the contibution-cards of the persons here referred to, with us at the time—I believe that was in December—my co-trustees, Mr. Lock and Mr. Mott, were there—I produced this paper to the prisoner, and likewise, I believe, a card of Brayshaw's, and said, "We have examined about this, and we find deficiencies; we find the sums on the cards, but not in the books; can you account for it?"—he said, "That is my signature, and I acknowledge the money, otherwise I should not have put my signature to it, but I can't account for the money." MICHAEL LYNCH. I am the present secretary of this Society—I was
before that an ordinary member—I am now acquainted with the course of business—it is the duty of the secretary to receive money for the Society, more especially from country members—when he receives money he gives these receipts on these cards—the money is received in favour of the Society—it is my duty to account to the sub-treasurer for that money—I enter it in the secretary's book, and hand the money to the sub-treasurer—the contribution book has always been the property of the society, but it is kept in possession of the secretary at all times—it was handed over to me on 23d of last September—being kept by the prisoner it might, of course, be posted up by him at any time—I have examined the items charged in this paper of deficiencies, with the contribution book, to see if they are entered—there are four which are entered—I cannot, of course, tell the time at which these were entered—there are no dates.
NOT GUILTY .
348. FRANCIS JOWERS was again indicted for embezzling and stealing the sum of 7s. 3d on 27th August, and two sums of 7s. 3d on 26th November, received on account of George Mott and others, his masters.
MR. METCALFE conducted the Prosecution.
JOHN JONES . I am a hammerman, living at Stratford—I was a member of the Forester's Society—this is my book—on 27th August I paid 7s. 3d to the prisoner in the court of the Golden Horse Mr. Johnson was present the prisoner entered his name in my book as receiving it—I always saw that the signature was put on my card when I paid my money—at the meeting in November I paid a further sum of 7s. 3d. to the prisoner—I find his signature for it in my book.
Cross-examined by MR. F. H. LEWIS. Q. Do you recollect whether you paid the prisoner or the sub-treasurer on 27th August? A. I always paid my money to the prisoner, and always saw him put his signature on my card—when the sub-treasurer was present the money was at once handed over to him—the sub-treasurer was always there when I paid my money.
ELIZABETH WEBB . I am the sister of Robert Webb of West Ham—he is a member of this Society—in November, 1862, I paid in 7s. 3d. for him to the prisoner—this is his card—I took the prisoner's signature for the money—I paid it at his house.
JOSEPH JOHNSON . I am an engine fitter on the Eastern Counties Railway in August, 1862, I was acting as sub-treasurer of this society—these entries on 27th August, 1862, are in my writing—the entry of John Jones, 7s.3d. is my writing—it was received on that day—the prisoner was present as secretary on that day, sitting close by me—I do not see any entry in the prisoner's book of John Jones—there is an entry of Jowers Francis—there is a something here that has been altered—there is no entry of Francis Jowers in the book that I keep—it stands in my book as John Jones, 7s. 3d.—there is no Jowers in my book, and in the prisoner's book there is Jowers and no Jones—the name is not distinct in the secretary's book—the sum total in the two books that day agree—the amount paid over to the treasurer would be the same—on 26th November I find an entry in my book of 7s. 3d. to John Jones, and in the prisoner's book there appears to be an alteration, something similar to the former one—the sum total in the two books is the same that day—that is the only difference between our books on that day—I do not think the prisoner paid in any money on his own
account on either of those days—there is no entry of his name in the sub-treasurer's book—Webb's item in November, 1862, has not been accounted for in my book—the prisoner ought to have accounted to me for that sum—Mr. Lock, Mr. Bass, and Mr. Mott, acted as trustees. Cross-examined. Q. I see the accounts of 27th August were audited and found correct on 8th September? A. Yes—for that purpose the sub-treasurer's book and the secretary's book would be compared—if the name of Jones had then been in one book and Jo were in the other it would have been discovered—it might have been altered since—at that audit it would have been discovered that Jowers was in arrears, supposing the name had not been altered before then, and if it had been altered the auditors would have found out that the names did not correspond—the other account was audited and found correct on 26th November, 1862—that is put at the bottom of the page.
MICHAEL LYNCH . I am the present secretary—I produce the contribution book—there appears to be two items of 7s. 3d. entered on 26th November in this book, one for J. Jones, and the other for F. Jowers—they are consecutive items—and in August, 1862, there is one item of 7s. 3d. for John Jones, and nothing for F. Jowers: he has brought himself forward 7s. 3d in arrears—7s. 3d. is entered to Robert Webb in November; that does not appear in the other books.
COURT. Q. Then he has debited himself in the ledger with a sum which does not appear in the other book? A. Yes.
MR. METCALFE. Q. He did not pay over any sum represented in the ledger, did he? A. Not on behalf of the Society—it would appear that this was done to deceive the auditors as to what parties were in arrears—if they had been seen to be in arrears the auditors might have made inquiries, and the fraud have been ascertained.
COURT. Q. But do not the auditors look at the contribution book when hey audit the accounts? A. They ought to do so.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
BENJAMIN BRATSHAW . I am a pawnbroker at Stratford, and am a member of this Society—I have my book here—in June, 1862, I paid 9s. to the prisoner, and in August and November, 1862, I paid him 7s. 3d each—they are entered in my book, with the prisoner's signature against them—they are three successive payments, made one after the other—the previous payment was 3s. 6d. in February, and the payment subsequent to November, 1862, was in February, 1863, 7s. 3d
Cross-examined by MR. F. H. LEWIS. Q. Have you seen a piece of paper which was produced on the trial of the first indictment, containing a list of what has been called the defalcations? A. No (looking at it)—my name appears in this list with those three sums.
COURT. Q. Referring to your book there appears to be 16s. 6d and 7s. 3d. also paid to the prisoner? A. Yes; I paid those sums to him.
JOSEPH JOHNSON . I was the sub-treasurer in June, August, and November, 1862—there is no entry in my book of Brayshaw's name for a payment of 9s. on 25th June, nor in the prisoner's book of that date—he did not account to me for that 9s. then, nor has he done so—there is no entry to Brayshaw of 7s. 3d on 27th August—the prisoner has not accounted to me for that—
there is no entry to Brayshaw on 26th November in my book, or the prisoner's—he has not paid me either of those sums.
Cross-examined. Q. I suppose there has been an audit in respect of those three different quarterly meetings? A. Yes—I can't say whether the contribution book would be present then.
COURT. Q. Do you mean that you cannot say whether the contribution book would be used at the audit or not? A. I cannot say—these subsequent sums of 16s. 6d. and 7s. 3d. have never been accounted for—I have examined the books.
MICHAEL LYNCH . I am the present secretary—I produce the contribution book—there is no entry for Brayshaw in June, 1862—on 27th August 7s. 3d. is entered to him—there is no entry in November—this book was always kept in the prisoner's possession—he had all the books of the Society except the sub-treasurer's book—he was allowed to keep them at his own house, and could deal with them as he pleased—I got them on 23d September—I had no trouble in getting them—he brought them to the court to conduct the ordinary business of the court, and we detained them that night—we did not ask him for them—he has never had them since—I had not applied to him at all about the accounts before that—I cannot say when the audit was after 25th June—I do not know whether this book was produced at the audit; I am not positive—the auditors were Richard Shortland, who is in India, George Mott, William Lewis, and William Noakes—there is no date to the audit.
COURT. Q. Did not some one say that the audit was made at the request of the secretary? A. Mr. Johnson said so—he was right—the auditors are appointed, but it rests with the secretary when they attend—he ought then to bring forward the contribution book to show who is in arrears.
GEORGE MOTT . I am one of the trustees—I was not one of the auditors immediately after 15th June—I was present at the audit, but I had nothing to do with it—the contribution book was not produced at the audit—I did not see it—do you mean this book? yes, that was there—I did not compare it with the other books—I did not go over the books—the other auditors did.
JOHN BASS . I am one of the trustees—I was not an auditor—it is the custom with the trustees to be present on some occasions—this contribution book has been usually kept at home by the secretary, upon this condition, when the book was supplied to him he said there were so many forms to go through that he could not possibly do it, we had an assistant secretary's book which had never been used, and we let him have that to go on with, and we got him this afterwards—the contribution book was not produced at all times—the prisoner had possession of it when it was not there.
NOT GUILTY .
MR. METCALFE offered no evidence.
NOT GUILTY .
Before Mr. Baron Channell.
MESSRS. POLAND and F. II. LEWIS conducted the Prosecution.
WILLIAM STANDING . I reside at Clapham, and am one of the firm of Standing and Martin, carrying on business at Nine Elms—I know the prisoner—before January, 1864, I supplied bricks to him—he said he had
taken a piece of ground in the Barking-road, and he was going to build a house there, and if we would supply him with bricks he would give us an assignment of the ground as security for the payment—we supplied him with two barge loads to the amount of about 100l.—we also made ourselves liable for building materials to the amount of about 60l.—I received an assignment of the land—it is of no value until the house is built—I afterwards went to see the land; there was no building on it, and everything was moved away that had been taken there—the prisoner wrote to me about December, and I went down to him—he wanted us to send some more bricks—I said, No, I should not send any more bricks till I saw the others put in position on the ground—he came to us again in about a week's time—my partner was present—he repeated his request, and said, "Will you let me have another barge-load of bricks?"—I said, "Mr. Lowndes, this is the first transaction, you have done nothing at the work yet; you may be an honest man, but until I see you begin building I will not allow you to have any more bricks; when we know you are building, we will send you some more bricks"—if he had gone on in a proper way we should, of course have been glad to send them—my partner was sitting on the opposite side of the table and heard this—we had a customer of the name of Champion of Mile-end, who was going to build at West Ham—I sold to him 30,000 bricks—I ordered those bricks from Messrs. Bazley White and Co. of Millbank and Erith—they were to be sent to Abbey Mills Wharf, West Ham—they were rough stocks, worth about 45l.; 30s. per thousand—the prisoner had no authority from us to receive those bricks; we informed him most distinctly that we would not let him have any more—shortly afterwards I received a complaint from Champion, in consequence of which I communicated with Bazley White and Co.—I then went to the ground in the Barking-road, where the prisoner was to have built—I did not then find that everything had been taken away; at my second visit I found all carted away except about 5,000 bricks; carts were then carting them away—the whole contents of the three barges had been carted away except about 5,000 stocks, and sold in various directions; I mean those that we had previously supplied as well as these—we have never been paid for the first lot.
Cross-examined by MR. COOPER. Q. What credit was given for the first bricks? A. There was no time mentioned; the credit is according to agreement; sometimes people give cash, sometimes it is three months—a three months' bill is not looked upon as cash in our line, nor in any line, I should think—he had the first lot of bricks early in December, I think—we had those of Bazley White and Co—this (produced) is the paper that was sent with the third load of bricks—the name of Standing and Martin is here as the persons to whom the bricks are to be sent at Abbey Mills Wharf; they were supplied to a Mr. Champion—his name is not on this paper; it would not be, as a matter of course—they were sent to our order—our contract was with Champion—this paper was sent by Bazley White and Co. to us—we sent no paper, we did not know the barge had arrived—I went down to the place where the prisoner was to have built, the last week in the year—I do not know Thomas Newman—I do not recollect seeing a man there and asking if his master was in and his saying "No," and my saying, "You have not started building yet," and his saying "No; we are waiting for rough hicks," and my replying, "There are 30,000 coming"—I will not swear that I did not see a man there, and ask where his master was, but as to supplying him with the bricks, I said nothing of the kind—I did not say there were 10,000 rough bricks coming, and 10,000 face bricks—I did not
say that 30,000 were coming—I could not have said so, because they had not been ordered—I swear most distinctly and emphatically, that I said nothing of the kind—when the land was made over to me, I knew who the landlord was—I gave him notice of the assignment—the prisoner represented himself as a chemist—I supposed he wanted to build this house—I never knew him before—I never saw him building—the only thing I know about him is that he served some one at old Ford the same as he did us—I am not aware that we wrote to the prisoner demanding payment for the bricks when we found that they had not gone to the party they were intended for—I am sure we never asked him for the payment of these bricks, the subject of this indictment—this paper (produced) is my partner's writing, and this other also—we did not at first treat this as a debt.
MR. POLAND. Q. The other two loads would amount to about 60,000, I suppose? A. Yes; invoices were delivered with those—no invoice was delivered with this lot—on the arrival of the other barges we sent invoices and letters to the prisoner, saying he was to take them—it is the practice for our firm, or some one authorised by us to sign the consignment note—we never authorised the prisoner to sign for them—we authorised Champion to sign, to take possession of the barge.
ARTHUR MARTIN . I am the partner of the last witness—I remember seeing the prisoner some time in January, during the first week as far as I can recollect, or the beginning of the second—he asked us to let him have some more bricks, specially mentioning rough stocks—we declined most distinctly to let him have any more bricks, because nothing had been done with the former bricks that we had supplied.
JAMES BEADLE . I am lighterman to John Bazley White and others, of Erith—on 11th January I had the command of a lighter called the Cottonham, with a cargo of 30,000 rough stock bricks—I brought them from Messrs. White's at Erith, and took them to Abbey Wharf, West Ham—I arrived there on the 12th—I saw a person named Bailey there that evening—he assisted in unloading the bricks—when they were partly unloaded I saw the prisoner—I asked him if he was the gentleman that belonged to the bricks—he said, "Yes"—my son produced this consignment note to the prisoner in my presence—I did not ask him who he was, or to what firm he belonged—he signed this note—I did not know but what he was Mr. Standing or Mr. Martin—I had no authority from Messrs. White to deliver to him.
Cross-examined. Q. You can read, I suppose? A. Yes—I was on the barge and he was on the wharf when he signed this—I looked at it after he had signed it—the foreman generally signs the name, not one master out of a thousand would sign—I had never heard his name before—I asked Bailey if he knew Standing and Martin—I did not ask him if he knew to whom the bricks belonged; I said we had got 30,000 for Standing and Martin—I did not say they were for the same person as had them before—I said they came from the same place as those he unloaded at Christmas—I had not taken any bricks there for the prisoner before—I did not know where Standing and Martin's wharf was—I knew nothing about them—I had never taken bricks to them before.
JAMES BEADLE. JUNR . I was with my father, with the barge Cottenham on the night of 12th January, I took this note from the barge on to the wharf—I there saw the prisoner, and asked him whether he belonged to the bricks—he said, "Yes"—I gave him the note, he signed it in my presence, and I took it back to my father—after that the rest of the bricks were unloaded
and put on to the wharf—we did not unload them all that night; part were unloaded the next day—we then went away with the barge.
Cross-examined. Q. I suppose anybody could see them when they were unloaded there? A. Yes; I don't know what height they reached from the ground.
GEORGE HARRIS . I am a carman and contractor in Chats worth-road, Forest-lane—I carted some bricks from Abbey Wharf to Barking-road for the prisoner about 14th January—he told me he wanted to unload and cart some bricks to the Barking-road—I was to cart them there and to sell some to pay the expenses of unloading and carting—I was to take them to where he was building, near the Northumberland Arms—I knew where to take them from, having drawn some before—I sold 8,100, I think it was—5,000 to Mr. Pearson, and 3,100 to Mr. Mansfield—the prisoner said I was to have them at 24s. a thousand if delivered, or 1l. a thousand to cart them myself—I paid him the money I received for them, after deducting my expenses—I think I paid him in all about 3l. 19s.—they were rough stock bricks.
Cross-examined. Q. Fit for foundations, I believe? A. Yes; I have had a goodish bit to do with bricks—that was, of course, rather under the value, but by my taking them in that way, I had a difficulty in selling them, so that I ought to have had them at a cheaper rate than if I had bought them in the brickfield—as far as I was concerned it was a fair price for them, as I had the trouble to dispose of them—at the time he asked me to cart them I was busy, and could not attend to it, and he said, "I am not in a hurry for a week or a fortnight," but in consequence of complaints of there being so long on the wharf, I had to put extra carts on and do it.
MR. POLAND. Q. What was the date of the sales to Mansfield and Pearson? A. I cannot remember exactly, but about 15th January.
GEORGE PARK . I am a licensed victualler at Aldersville, Canning-town—in February I purchased some bricks of the prisoner—they were rough stock, place, and bats—they were opposite the Northumberland Arms, in the Barking-road when I purchased them—I bought about 3,000 or 3,500 rough stocks, and paid 1l. per 1,000, that was including the bats and the place together, all at one price—they were all of the same sort—I bought all the bats and place that there were on the ground at the same price—they are not a better kind of brick, but a worse—the best had all been picked out, I bought those that were left.
COURT. Q. What quantity did you buy? A. I dare say 2,800 altogether.
JAMES WHITWORTH . I bought some bricks of the prisoner about 26th January—I saw him on the ground where he was going to build; it was on the Temperance ground, at Stratford—he said he had got a barge of 30,000 bricks coming up, and he should have 10,000 to dispose of, would I take a portion of them?—I bought 4,000 at 24s. a thousand, including cartage—they were rough stocks—I did not see them before I agreed for them—the prisoner said they were at the Abbey Wharf.
Cross-examined. Q. Have you sold bricks in your time? A. Yes; this was about the value of the bricks, I consider, out of the brickfield.
MR. POLAND. Q. You would not expect to get them from Erith at that price? A. I have not bought any from Erith, but I have an invoice in my pocket at a less price than I have mentioned.
CORNELIUS MANSFIELD . I am a builder, and live at Hayworth-cottage, Stratford—about 1st February, the prisoner spoke to me, and said that he had a quantity of rough stocks; more than he wanted; would I buy any?
—I said I could do with a few, and I had 3,000—they were at Abbey Wharf—I paid him 24s. a thousand, delivered free.
WILLIAM STANDING (re-examined). The price we were to pay for these bricks was 27s. or 28s. a thousand—I am not quite certain which, but we are paying 28s. now—that is the wholesale price—we pay our merchants from 500l. to 1,500l. a month, so that we get them at a cheaper rate—I had not sold rough stocks to the prisoner previously; only place, and a better sort of stock—place is an inferior brick—he paid 24s. for those, and 35s. for the stock—we cannot buy them for less now, buying them a 1,000l. worth at a time, at the water's edge; the cartage would make them all the dearer; that would make them 42s.—there is no discount in bricks.
Witnesses for the Defence.
WILLIAM BAILEY . I am a labourer—I have worked for Mr. Lowndes, unloading bricks—on 12th January, I recollect the captain of a barge coming to my house—he asked me whether I knew who these bricks belonged to—I told him I had been unloading bricks for Standing and Martin—I did not know Mr. Lowndes at the time—he showed me a paper—I told him I had unloaded some in that name—the captain said they were for the same party—after having this conversation I made a communication to the prisoner at his house, and told him about the captain coming to my house.
THOMAS NEWMAN . I live at 10, Fox-street, Aldersville—I went into the prisoner's employ on 31st December—on 4th January, Mr. Standing drove down to where I was at work, close against the Northumberland Arms, Barking-road—he told me his name was Standing, and said, "Is your master here?"—I said, "No, sir"—he said, "You will do as well, "and he beckoned me, and I went out to him—he said, "You have not begun building yet?"—I said, "No, sir, we are waiting for rough bricks; there are 20,000 rough bricks coming, and 10,000 face bricks"—he said, "I can't see that there is any necessity to put the gentleman to that expense; there are plenty of face bricks here out of this lot, and there is a full freight coming up of 30,000 rough stocks"—he gave me sixpence for a pot of ale or porter, and said, "The barge of bricks will soon be up; as water will bring them up quick"—I went to meet the barge—I asked the captain who the bricks were for—he mentioned some names, but I cannot tell whose—I did not tell the prisoner afterwards what passed—I told the prisoner that Mr. Standing had been down, and that he wanted to see him, and I believe he met him that same afternoon—I afterwards told the prisoner what had passed between me and the captain of the barge; that was before the bricks were received—I met the barge coming up the creek, and I said to the man, "Are these bricks for the same man as the stocks were delivered for that were finished unloading on the Christmas morning, "and he said "Yes"—I think it was on the 4th that I saw Mr. Standing, and I think the barge came up on the Tuesday week following—I did not see Mr. Standing after the bricks were landed—I am not in the prisoner's employ now.
Cross-examined by MR. POLAND. Q. He is not doing any work now, is he? A. Not that I am aware of—I was on the prisoner's laud when I saw Mr. Standing—I know it was in January; not in December—none of these bricks were used on the land—I was employed to get the foundation out—I did that, and finished it; I never laid a single brick—I am not a brick
layer; I am a labouring man—Beadle is the captain of the barge that brought up the 30,000 rough stocks—when I said to the captain, "Who are these bricks for?" I can't say what name be mentioned; I think it was Standing and Martin, or some name like that, and then I said, "Are they for the same man as had the barge delivered that was finished on Christmasday?" and he said "Yes," and his mate said so likewise—I was not examined before the Magistrate.
MR. COOPER. Q. You knew that Mr. Standing was to supply the bricks, did you not? A. I did not know who was the agent—there was no one with me when I had the conversation with Mr. Standing—there was a man just coming out of a water-closet, and he heard what Mr. Standing said to me.
COURT. Q. You say you were not in the prisoner's employment until 31st December? A. No—the prisoner told me about the barge finishing unloading on the Christmas morning—that was after I went to work for him.
JAMBS JACKSON . I recollect hearing a talk between Newman and a gentleman in January—I was listening to what they were talking about from where I was at work—Mr. Standing is the gentleman; he had a cigar in his mouth, and he was sorting the bricks, looking to see whether he could get any face-bricks out of the lot that was there—he said he did not think it was necessary for him to send any more bricks of that sort, for he thought there were face-bricks enow, if they could be sorted out—Newman, who I have known to work in a brick-yard, said there could be some face-bricks picked out of them—I heard Mr. Standing tell Newman that there might be a barge load of hard stocks on the road, and if there was not, he would forward them on, for he could see they were wanted—I don't know whether he mentioned the number—he said they would get up as soon as the tide was big enough to let them—he gave Newman sixpence, and I helped to drink part of the beer.
Cross-examined. Q. What was the date of this conversation? A. I don't know that; I could tell that it was not in December—it was either the 1st or 2d January that I went to work there, and I was at work there three weeks—I was listening to what they said, expecting to got some beer out of them.
GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
MR. WOOD conducted the Prosecution.
MARY LEWIS . I am the wife of Samuel Barrett Lewis, a draper of Woolwich—these trousers (produced) are his; they were hanging up in the shop at half-past 5, on Thursday, 18th January—they were afterwards brought to me by a policeman, in plain clothes, and I identified them.
SAMUEL LING (Policeman, R 159.) On 18th January, about ten minutes to 6, I was on duty in High-street, Woolwich, and stopped the prisoner, carrying these trousers on his right arm, about fifty yards from the prosecutor's shop—I asked him where he got them—he said that he bought them of a man name Williams—I asked him where Williams lived—he said that he did not know—I asked him what he gave for them—he said 1s. 6d.—I said are they new ones—he said nearly—he afterwards said that he
gave a shilling for them—they are marked 18s. 6d. in the private mark—I have since inquired about Williams, but could not find him.
Prisoner. I bought them for 1s. 6d.; it was about a quarter-past 6 when he stopped me; the Arsenal bell was not ringing. Witness. I am sure of the time; the Arsenal bell rang when we got to the station; it was 6 o'clock by the station clock when we got there.
GUILTY .*†— Confined Two Years.
MR. WHARTON conducted the Prosecution.
JOHN CROOKENDEN . I am a shipwright, of 13, Edward-street, Deptford—on Tuesday, 9th February, about half-past 2, I was at a ship launch in Deptford dockyard—I saw the prisoner standing on my left side for about half an hour, and while he was there I missed my watch, which I had seen safe about a quarter-past 2—this is it (produced)—the bow is broken; it was perfect before—I told a policeman.
Prisoner. I never was alongside the man; he is mistaken in the party.
JAMES WILLIAM CROUCH . I am a detective police-sergeant attached to Deptford dockyard—on 9th February, I was there at the launch, and about half-past 2, when the ship went off, I saw the prisoner and three others come from the bows—I watched them, and afterwards received information that a watch had been stolen—I watched them again, and saw the prisoner leave the three others and make his way towards the gate—I went to him, stopped him, and said, "Where is that watch you have got?"—he said, "I have got no watch"—I rubbed him down, but could not find it—I called Turner, a policeman—I watched the other three, and returned to the prisoner, seeing him put his hand to his left pocket—I said, "What, are you going to throw it away; I will walk with you," and took him to the room at the gate, and in his right trousers pocket, I found this watch, with the bow broken—he said nothing then, but an hour after, when I took him to the station, he said he had picked it up.
JOSIAH TURNER (Policeman, R 37). I assisted Crouch in taking the prisoner, and saw him take the watch from his trousers pocket in the road—I made further inquiries, and the bow was brought to me by a female.
The Prisoner's statement before the Magistrate:—"I was standing under the bows of the vessel, and that watch was lying before mo; how it came there I do not know; I picked it up, put it in my pocket, and was going out at the gate to go to Plumstead; the policeman took hold of me, and asked me for the watch; I made no resistance."
Prisoners Defence. The statement I have made there is perfectly true; I was to have been home by 4 o'clock; I never touched the man's chain or his watch.
GUILTY .**— Six Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
HARRIETTE HAMMOND . I am an unfortunate girl, and live at Harding's-lane, Woolwich—on 1st February, about half-past 11 at night, I met the prisoner, and asked him if he was coming home with me—he made no answer, but we went down Harding's-lane into my house—we sat on the side of my bed, and I said, "Well are you going to stop for the night?"—he said, "Yes"—I said, "What are you going to give me?"—he said, "Give
you?"—I said, "Yes, of course, I want some money"—he said, "Get into bed"—I said, "No, not till you pay me"—he knocked one of the glasses off the mantel-piece, but I took no notice of that, because I saw he was drunk—I laid my head on my bed, and saw him put his hand in his pocket—he then came over and stabbed me on the left side of my back—Mrs. Price said, "Harriette, open the door"—I said, "I cannot"—the prisoner heard me speak to her—I said, "Do not let that man go, he has stabbed me"—she said, "Nonsense"—I said, "Perhaps you will feel"—I became insensible, and was attended by Dr. Stewart.
Cross-examined by MR. SLEIGH. Q. How long was he in your room? A. About five minutes—I had not talked to him many minutes outside—I saw that he was the worse for liquor when I met him—I took him into a downstairs room—no other girls live in the house; I have it to myself—the other rooms were not taken—the landlady does not live in the house; she came in after he stabbed me—she was not there in the house when I took the prisoner in—I got in with a key—there was no light in the room, but the fire was alight—I saw the prisoner put his hand in his pocket and take out something—I have said that before, but I cannot say what it was; I thought he was putting his hand in his pocket to get me the money—I did not go to the station that night; I went a week afterwards, on the Monday morning week—I was not able to attend before—I opened the door for Mr. Price after I was stabbed—the street-door opens into my room—it is a two roomed house, one up and one down—the prisoner was not lying on the bed when I let Mr. Price in, he was standing in the room—he did not attempt to go away—I have been an unfortunate girl above three years—I did not hear afterwards that the prisoner's pocket, in which his money was, had been cut open.
DOROTHY PRICE . I am the wife of Joseph Price, and live in Harding's-lane, Woolwich—the last witness has been lodging at my house—I saw the prisoner coming out on this night between 11 and 12 o'clock, and heard the girl say that she was stabbed—I went to the door, and she opened it, and said, "I am stabbed"—I said, "I hope you are not"—she said, "I am"—she showed me where she was stabbed, and my hand was full of blood—she became insensible, and I gave her in charge to some people outside to put her indoors again—I sent for an officer.
Cross-examined. Q. Where were you? A. I was not a minute coming from my house; it is all in the lane—she is a lodger of mine—I do not know what caused me to go there—there were a deal of people up in High-street, and as I went up there, I heard the girl say that she was stabbed—I did not go into the house—I saw the prisoner come out, and he pushed me on one side—he was dressed—I said that the girl said that he had stabbed her, and he would have to be detained till the policeman came—he did not speak—he was very drunk—a policeman took him to the station—I did not know that the man's pocket had been cut.
JAMES BICKLE (Policeman, R 185). On Sunday night, 14th February, I was on duty in High-street, Woolwich, and about half-past 12 o'clock was called to Harding's-lane—I saw the prisoner in the hands of three or four persons who said that he had stabbed a woman in a house in Harding-lane—Mrs. Price came up, and said that he was the man—I took him back to the house—the prosecutrix identified him—I saw that she was stabbed in the back—I took him to the station—the knife was brought there by a man who I believe was Mr. Price—I showed it to the prisoner and asked him if it was his knife—he said, "Yes."
Cross-examined. Q. Was the prisoner in hearing of the person who gave you an account of it? A. Yes—he said, "Here is the knife"—it was picked up outside the door, by whom I do not know—the prisoner was not sober at that time—he had been drinking very much—he said nothing—I examined his clothes—I cannot say that one of his pockets had been cut; his righthand waistcoat-pocket was broken; it looked as if it was worn, not cut—I found no money on him—his waistcoat was on when I searched him—it was not a large hole; I do not think a half-crown would go through it—he gave me no explanation of the matter—he said before the Magistrate that he was drunk and could not account for it.
WILLIAM STEWART , M. R. C. S. I am in practice at Woolwich—on 14th February, about 12 o'clock, I examined the prosecutrix, and found a triangular superficial wound, about an inch in extent, on the left side of her back—it might be inflicted by this knife—it was not dangerous—I attended her that night and next day but not since, as divisional surgeon to the Police.
Cross-examined. Q. Was it a stab? A. It was done from above, downward, so as to form a little triangular flap; it was done by a thrust—there must have been some degree of force used—she could not have inflicted it upon herself in a struggle, with the knife in her hand: it was too far back.
The Prisoner's statement before the Magistrate: "I was robbed and ill-used."
He received a good character. Confined Six Months.
Before Mr. Common Serjeant.
MR. HORRY conducted the Prosecution.
GUILTY. Strongly recommended to mercy by the Jury. Confined six Weeks.
Before Robert Malcolm Kerr, Esq.
Before Mr. Recorder.
MESSRS. WOOD and HUDSON conducted the Prosecution.
ROBERT BRISCHLAYER (Policeman, M 167). On the night of 18th January I went to the house of Mr. Kerr, an upholsterer at 171, Waterloo-road, and saw the prisoner at the door talking to Mr. Kerr—there was a van there laden with goods, and a cab with a large box on top of it—Mrs. Burr, the prosecutor's wife, was in the cab—I am sure of that—I said to the prisoner, "You have got Burr's things here"—he said, "Oh, Jack, it is all right; me and you can settle this; come inside"—I said, "Well, I will go inside with you, but you will have to go to the station with me"—I took him there, and another policeman brought the woman—we found the prosecutor at the station, who identified the goods—I searched the prisoner, and found
this bunch of keys in his pocket, which the prosecutor claimed, also this inventory of the goods—the prisoner said nothing.
Cross-examined by MR. SLEIGH (With MR. F. H. LEWIS).Q. I believe he had money in his possession to the large amount of 5s. 6d.? A. He had a very small amount of money.
CHARLES KERR . I am an upholsterer, of 171, Waterloo-road—about a fortnight before 18th January, the prisoner came and asked me if I purchased second-hand furniture—I told him I did—he said, "I have my household furniture to sell; will you come, and look at it?"—I went to No. 2, Clarendon-place, St. Andrew's-road, Southwark, and looked at the furniture—the prisoner said it belonged to him, and I agreed to give him 6l. or 7l. for it—Mrs. Burr was in the room and heard him say that the furniture was his—she called the prisoner by some name, and deared him—she said he was her husband, and the prisoner said, "This is my wife"—he said that he should be compelled to leave London to go to Paris in about a fortnight, and I was to keep myself in readiness to move the goods at a moment's notice, and to pay the money—on 10th January, he called about 8 o'clock in the evening, and asked me whether I could come and remove his furniture—my shop was shut up, and I said, "I can't remove it to-night, it is too late"—he said, "My goods must be away to-night, as I must be at the station to take the 12 o'clock train to go to Paris"—I told him if he wanted me to buy the goods, he must bring them to my house—I showed him the way to Mr. Perry's to engage a van, and he and Perry went together to fetch the goods—I did not go with him—I saw the van start—the van arrived with the goods about 11 o'clock, and the prisoner afterwards came in a cab with Mr. Burr—there was a large box and a trunk on the cab—my suspicious were aroused after the "van had started, and I called in Brischlayer, and gave the prisoner in charge—I was talking to the prisoner when Brischlayer arrived in front of my door—he was waiting for the money for the goods, but I did not pay him.
Cross-examined. Q. Do you know Mr. Shadwell? A. I don't know him, but I know there was such a lodger in the house—he came with the prisoner at first about this furniture; but he took no part in it—he heard the conversation which I have detailed between the prisoner and me—he was at the prisoner's side—the prisoner called upon me twice before the 18th—I cannot swear to the man who was with Him on the first occasion—I went to the house to look at the goods, and the prisoner and the same man were both in the room—Mrs. Burr was present when the bargaining took place between the prisoner and me—she did not speak about the value of the goods, as to whether 7l. was enough; she took no part in it—I do not recollect anything that she stated—she did supply an omission of the prisoner's, as to what the articles consisted of, and the prisoner said that he would take an inventory of them, which he did, and he wrote this inventory in my presence—that was on the first occasion—she mentioned some articles which he had not put down, and then he wrote them down—on the night the goods were brought in the van, I went out to the cab and there saw Mrs. Burr—I did not see the prisoner get out of the cab or get into it—the constable took him to the station—the policeman arrived with me—the cab was then there, and Mrs. Burr too—as a broker, I should not have bought these things from her, unless I had inquired whether she was a married woman.
MR. WOOD. Q. Was there any one at your place who did see whether the prisoner came in a cab? A. Yes—my sister is here.
ELIZABETH KERR . I am the sister-in-law of the last witness—on 18th January, a little before eight, the prisoner called—I answered the door—there was no one at home—he said he came to ask Mr. Kerr to go back with him to take some furniture that was agreed upon, and bring the money with him to pay for it—Mr. Kerr was then out, inquiring whether all was right—I said that I would tell him—between 8 and 9, the prisoner returned in a great hurry—he came into the little parlour, and my brother-in-law told him he could not remove the goods so late; he must bring them himself, if he must have the money that night, which he agreed to do—he did not know where to get a van, and my brother-in-law went with him to Mr. Perry—while my brother-in-law had gone to the police-station, the van and the goods came, and the prisoner and Mrs. Burr came in a cab—they had two lamps with them—she got out, and gave me or Mr. Perry one of the lamps; she then went back into the cab, and I kept the prisoner waiting for the money—I went to the cab and spoke to Mrs. Burr, when the policeman came—I took hold of her arm at the cab, and asked her if all was right—she said, "Yes"—I said, "Is this foreigner your husband?"—she said, "Yes"—I spoke loud enough for the prisoner to hear that—I asked her if the goods were his—she said, "Yes"—somebody at the cab-door then said, "No, they belong to a police-constable," upon which she looked out of the cab, and told him to go anywhere, or go to the devil—she mentioned something about going to Paris, and said that that was why they were in such a hurry—they wanted me to pay them while the goods were at the door, that they might go there and then.
Cross-examined. Q. Have you ever been examined before? A. No—I I was at the police-court when the prisoner was brought up, but all the witnesses were ordered out of Court—I was not ordered in and examined—there was a policeman at the cab-door who heard what I said; I do not mean Brischlayer, who has been examined—there is no person here who was present when Mrs. Burr said anything about going to Paris—there were a great many people present, but I don't know who they were.
MR. SLEIGH (to Charles Kerr). Q. Did you not, in the first instance, make an inventory? A. Yes; I took it from seeing the goods—I made it myself—the prisoner pointed them out to me; the wife told me something which was omitted, and then the prisoner said he would make out the inventory—this inventory was written at Mr. Burr's.
WILLIAM PERRY . On 18th January, about 10 o'clock at night, I was at the Greyhound public-house, Webber-row, Waterloo-road—I live opposite Mr. Kerr, and he and the prisoner came there in search of me, and asked me to move some furniture—I said it was an insane time of night to do it, but I agreed—the prisoner went to the house with me, and put the furniture in the van—I objected to go with him on account of the time of night, and said that I would go in the morning, but he said he had to go to Paris at 12 o'clock that night, and must go—he helped me to load the goods, and I took them to Mr. Kerr's—the prisoner said several times that the goods were his own, and I said, "It is all right;" I said, "They will be stopped if the policeman sees them"—he said, "No, I do not owe any rent."
Cross-examined. Q. Did you see the last witness? A. Yes, at the door—I did not hear any conversation between her and Mrs. Burr—I did not see Mrs. Burr get out of the cab at all—I went to the cab to get a lamp and a carpet out—I was at the door talking to Mr. Kerr and the prisoner after the policeman came up—I could hear everything that passed.
wark—I have been residing at 2, Clarendon-place, St. Andrew's-road, Newington—about four years ago a female came and hired a room for the prisoner, for which she paid eighteen pence a week—she did not stop, but the prisoner did—after he had been there three months he left for a time, and came back about six months afterwards—he came to and fro several times, and I always treated him as a brother more than anything else—about six weeks before 18th January he came again and took a back sitting-room over the kitchen—on the two last occasions when he came he had the front parlour—having known him so long we were like brothers; he was like one of ourselves—he was very poor—he came there once with only a pair of old goloshes on—he had hardly anything to wear, and in consequence of that I was not very pressing about the rent—I left the management of that to my wife—about seven or eight days before the 18th January I was told something, in consequence of which I spoke to the prisoner about what he should have to say to another constable, and had some words with him about my wife, upon which he took out a large life-preserver from his pocket, which belonged to me, and I knocked him down to save myself, or else I think the blow would have killed me, in the way he came at me—on the evening of 18th January I was at home, I took some keys out of my pocket about six o'clock, unlocked a drawer, and gave my wife a bill to go and pay some money—I looked the drawer again and put the keys on the drawer—they were there at half-past 9, when I went out to duty—I was on duty at half-past 11, and was called to the police-station, where I found a van laden with my own goods—the prisoner and my wife were both sitting together—those are the goods which the prisoner was indicted for stealing—there was a box there containing my wife wearing-apparel,—I said nothing to the prisoner.
Cross-examined by MR. LEWIS. Q. How long have you been married to your present wife? A. Nine years next September—I have not during the whole of that time behaved to her in the most cruel manner; we never had a word until the last four years—she has often said in her temper that she would leave me on account of my cruelty, but it was not true, and I took no notice of it, and about five minutes afterwards she has been quite different—I once struck her when she gave me a black eye—I did not, upon that, take out a dagger; I have not one in the house—I may, in my temper, have threatened to kill her; I do not think I am anything rash in my temper—the furniture was bought with money which my wife and I both worked hard for—it was not with her money alone; she had a mangle eighteen months or two years, but we had all the furniture before that—she used to work at crochet-work, but the mangle was sold unknown to me altogether, and she had a portion of the money—there is only one of these keys which will fit the drawer; they will not fit the drawers in the prisoner's room, they are all odd keys—the prisoner did not use them—there was a bunch something similar to this, but he only had the privilege of using the bottom drawer—within three weeks of my wife leaving me she had not threatened to leave me in consequence of my threatening to take her life—I cannot say when she last threatened to leave me—I struck her three years ago—her none was not broken; that was when she gave me the black eye—she had a mark across her nose; I did not break the bridge of it—I have seen her here to-day.
MR. WOOD. Q. Previous to the disputes four years ago, did you live happily with your wife? A. Yes; it is only since the prisoner has been at my house that we have quarrelled—I have not treated her unkindly—I
always took her home 18s. 6d., and 18s. 7 1/2 d. was my money—I had no idea from what she said that she was going to leave me.
Witnesses for the Defence.
EMILY BURR . I am the prosecutor's wife, and have been married between eight and nine years—I have never committed adultery with the prisoner—I never intended to do so; he never proposed it to me nor I to him—I have known him for four years, and before I knew him my husband struck me and treated me very unkindly—he never struck me till four years ago, but we were not friendly with the prisoner then—he had ill-treated me before we knew the prisoner, and I had threatened to leave him; that was between four and five years ago—during the last four years his conduct has been very bad—he has struck me and broken my nose on one occasion—he gave me three black eyes, and has dragged me through the passage by my hair—he has several times said that he should like to see me dead, and would not mind being hung for me—three or four weeks before this furniture was removed I was in the Causeway with a female friend—we went to a concert for an hour and a half or two hours, at Winchester-hall—I left word with the prisoner to tell my husband that I had gone there—going home I went to a public-house which my husband used, and found him drinking with the prisoner—he came out and abused me, beat me, pulled my bonnet and shawl off and threw them at me—I went to a neighbour's house, and remained there till a neighbour came and told me that Mr. Burr was right again, and I could go home—I had purchased the whole of this furniture; I had worked very hard, and bought it myself—my husband did not purchase any portion of it; be could not—he gave me his wages, 18s. 6d a week; we paid 5s. out of it, and the rest went to the support of the house—he has said that I might go at any time, and take the furniture, and he would be glad to get rid of me—I told that to the prisoner—the furniture was moved by my authority; I suggested it to the prisoner—I had also spoken of it to other lodgers, Mr. and Mrs. Shadwell—I went to Mr. Kerr's with it the same morning—I did not intend to go to Paris; I intended to go to my mother's—I never saw Mrs. Kerr till she was pointed out to me here—I never said such a thing to her or anybody else; I never intended it, and I could not have said it—I did not sell the furniture myself because the lodgers said that if I did not represent him as my husband the broker would not buy it—it was the lodger who fetched the broker and Mr. Wiseman accompanied him—I have strongly objected to my husband to the prisoner living in the house.
Cross-examined by MR. WOOD. Q. Were you going to stay at your mother's house only for that evening? A. I had not made up my mind till I got to my mother's—she would have advised me what to have done; she knew that I was coming—I packed up all my clothes and put them into the box, and put it on the cab, because I did not know what I was going to do till I had seen my mother, and she had given me her advice—if I had left them behind, my husband would have sold them next day—I left my husband because he threatened my life, and he had threatened more than ever the last three or four weeks, because he had more drink lately than before—he attended to his duties as usual, but he drank when he was done—he went out to night-duty two months and day-duty one month generally—he was on night-duty when I left, and had been on night-duty not much more than a week, as far as I can remember—I remember a quarrel between my husband and the prisoner seven or eight days before this occurred, but they quarrelled so frequently that I took no notice; they would quarrel one night
and he would leave, and my husband would bring him back next day—the prisoner paid the rent to me and my husband, and a great deal more than the rent—I never noticed that he came in goloshes, and without shoes; I should not like to swear it—he took our room the second time he came, at half-a-crown a week—it was a very small bedroom; and he was almost a stranger to us—he stopped two days, or rather slept one sight, and the second day fetched his things away, and we never saw him for twelve or fifteen months—he came then, and Mr. Burr drank with him—he asked for a room again, but I declined—I did not decline when he came for the six weeks, because ray husband wished him—and he did not have a room to himself, he bad a sofa in the front parlour—he came from Paris on the last occasion to our house, or rather he wrote from the Half Moon hotel in the Borough—my husband wished me to answer the letter to say that he should come to our house, but I refused, and my husband met him the next day, and sent him to our house—I did not often go to concerts without ray husband—he frequently took me—he gave me full liberty to go wherever I pleased—he was not unkind to me in that respect—I do not know that Mr. and Mrs. Shadwell are here—I always had the whole of my husband's wages—we paid 5s. a week rent, and I leave you to judge whether we could have bought furniture with the remainder—I bought it myself, I did not put my earnings to what came from my husband—about a fortnight before this the broker was called by the prisoner to see the furniture—I spoke to Mr. Shadwell about my husband's unkindnees, and said that I should leave him—I did not object to the furniture being sold, because I wanted the money to get clothes to go to service with—I considered myself perfectly justified in taking away the furniture—my husband gave me full leave many times—I swear that most earnestly—I have seen Mr. Lewis, my attorney, every day this week.
MR. SLEIGH. Q. Is Shadwell a soldier with his regiment now? A. Yes; he is a militia-sergeant stationed at Richmond, and Mrs. Shadwell is there also—at the time the prisoner came in goloshes I believe he came from a lunatic asylum.
MR. WOOD. Q. Did you say that Wiseman was your uncle? A. Yes—my husband wished me to say so, and I introduced him as such.
COURT. Q. If your husband gave you leave, why did you do it at night when he was absent? A. Because he would have killed me if I had taken it away in the day, when it came to the last—he has many times tried to run knives into me.
ELIZABETH SPARKS . I am the wife of Mr. Sparks, and live at 38, Castle-street, Holborn—about three weeks before the prisoner was given into custody I went to Mr. Burr's house with Mrs. Burr—we had been at the music-hall for an hour or an hour and a half—we came back to the "Grapes," and Mr. Burr and the prisoner were drinking there together—Mrs. Burr spoke to him, and he abused her very much, and tore her clothes off in the street—he used very foul language to her and to me also—he pulled her shawl and things off her back, and threw them into the street—the words were too foul for me to repeat.
Cross-examined by MR. WOOD. Q. Have you a sister named Mrs. Barker? A. No—my husband has not gone for a soldier, he is in Wales—I am in service—I separated from my husband because we could not agree, and of course it was best to separate—he has not been making complaints about my conduct—he has not treated me kindly—he is too much given to
drink—I am not given to drink, or I could not keep my situations as I do—it was altogether his fault that I left him.
COURT. Q. Who are you in service with? A. With Mrs. Greely, a widow lady, of 31, Castle-street—I am a general servant.
ELIZA BARKER . I am the wife of James Wellington Barker, of 5, Jerusalem-square, Hackney—I am Mrs. Burr's sister—I have been in the habit of visiting her and her husband—when they have been quarrelling I have often heard him tell her to take the b——goods and go to b——I have not been there when he has ill-used her, but I went there a day or two afterwards once, when he had given her a black eye, which I saw, and I saw a mark across her nose—that is about four years since—I have heard him use gross language to her upon other occasions, and when he has told her to take the goods and go, she has said that some day perhaps he would be sorry for what he had said—I had no knowledge that she was about to leave him in consequence of those threats, until the evening that she removed the goods—I saw her the same evening, and the prisoner also, and Mr. Burr—I heard no conversation between them that I can call to mind—I knew that she was about to leave him that night.
Cross-examined. Q. When were you married? A. December 9th, 1861—something took place before that which I should not like to mention—I had a child born six weeks before I was married—my husband left me a year and a half ago—I have had a child lately; it is just turned two months old.
MARY LE GRANGE . I am the wife of Thomas Le Grange, of 22, Victoriaterrace, Bermondsey—I have visited at the prosecutor's house, and have known him and his wife—I knew the prisoner when he was living there—he was living at my house when this matter happened, at the time he was taken in custody, and had been lodging there very nearly a fortnight—I have never heard Mrs. Burr make any statement to the prisoner about the furniture, but she has made it to me, though not in his presence—I saw the prisoner using the bunch of keys at Mr. Burr's house several days—I cannot swear to them—the prisoner's wearing apparel and luggage was at my house at the very time he was taken in custody—I had no notion that he was going away—he was waiting for a situation in London.
Cross-examined. Q. Do you let lodgings? A. Yes; furnished lodgings—the prisoner slept at my house, close upon a fortnight—he missed one night, when he slept at the prosecutor's house—he had not given me notice to leave on 18th January, and his wearing apparel was there—I know nothing about expecting him back that night, but his clothes were in his room, and his boxes as usual—he took the lodgings—he was by himself, and he came to us more as a friend of my husband's than anything else—I was not a friend of the prosecutor's particularly, only through the prisoner being friendly with my good gentleman and Mr. Burr—I have been to Mr. Burr's house several times, because we were very friendly with them—I went to see Mrs. Burr—not Mr. Wiseman particular, but Mrs. Burr.
COURT to JAMES BURR Q. Was it by your desire that your wife called the prisoner her uncle? A. No—she proposed that herself—I was aware of it—the prisoner was living at my house about eight days before this, and he left for the purpose of going to Paris—I thought he was in Paris—I had not seen him for three days.
COURT to MARY LE GRANGE. Q. How long before 18th January was it that the prisoner slept away at the prosecutor's house, was it two or three days? A. I can't remember—it was at the first part of the fortnight, I believe—I can't tell how long it was before 18th January—I believe he would have been there a fortnight on Thursday—he came, I believe, on the
Tuesday-night—I cannot tell whether it was that week or the next that he slept at the prosecutor's—I know it because he told me that he slept there, as he was very poorly, and that Mr. Burr threw a bed down stain, and made him a bed.
COURT to EMILY BURR. Q. When was it that the prisoner slept at your house, the latter part of the time? A. Either two or three days after he left—he came partly intoxicated, and my husband would not allow him to go, and he fetched a bed down stairs, and made a bed for him—I think it was on the 12th they quarrelled, and on the 15th he came and stopped at our house—my husband was ill at the time, and on the sick list—he had been on night duty for a week before, but he was too ill to go, and I believe it was the first night that he had gone out that I removed the goods.
COURT to JAMES BURR. Q. Were you on night duty before 18th January? A. I was on the sick list for six or seven days—during that time the prisoner slept one night at my house; that was eight days before the 18th—I fetched the bed down myself, and made it up for him—he said he was very ill, and I laid, "You shall not go away to-night"—I made him up a bed, and he slept in the front parlour on a sofa bedstead—I slept up-stairs with my wife, and that was the last time I saw him—I thought he was in Paris from what he told me—he took his things away—he was very sick that night in the back yard.
GUILTY .— Confined Twelve Months.
MR. WOOD conducted the Prosecution.
GEORGE PITTS . I am a clerk in a Russian broker's house, and live at Fulham—on 13th February, I was passing down High-street, Southwark, with two friends, and when near a court opposite the church I heard cries of murder, and saw a crowd of people rushing out of a public-house—they went up a court, and I followed to see what was going on—the people directly all turned round upon us, and the prisoner struck me, and swore at me very much for interfering—I had not spoken a word to her—she canght hold of my coat, and held me at arms length, took my umbrella, and passed it to two men, who ran away with it—I did not lose sight of her—a policeman came and took her.
Cross-examined by MR. DALEY. Q. What object had you in going up the court? A. To see what was going on—I had a watch and chain exposed—the prisoner ran up to me and said, "You b——, why do you interfere?"—they appeared to be people living up the court—I do not know whether the prisoner was fighting, but her mouth was bleeding—I was about a yard from her when she said that—my umbrella was in my left hand, and she snatched it, caught hold of my collar, gave me a smack at the side of my head, and some one else bonneted me, and knocked my hat off—it was all done in two minutes—I did not lose my watch—my chain was hanging down, and another friend's watch was out of his pocket and dangling about, but it was not taken—I was struck by the prisoner both before and after the umbrella was taken.
MR. WOOD. Q. By "bonneted," do you mean that your hat was knocked over your eyes? A. No, it did not prevent me seeing what was going on.
ROBERT GUTHRIE . I am a student living in the Clapham-road—I was with the prosecutor, and heard cries of murder—the people seemed to be quarrelling among themselves, but immediately they saw us, they turned
on us—I saw the prisoner there—she fell on my friend and myself—I saw her snatch his umbrella from him—two or three policemen came, and she was taken in custody.
Cross-examined. Q. Was the umbrella open or shut? A. Shut.
JOHN GLASS (Policeman, M 178). I heard cries of murder, and saw the prosecutor and Mr. Guthrie in the crowd in the court—I received information, went to the bottom of the court, and the prosecutor gave the prisoner in charge for stealing his umbrella—as soon as she saw him point her out, she ran into a house, and I had great difficulty in securing her—I did not find the umbrella.
Cross-examined. Q. Did you say before the Magistrate that she made off, and I had great difficulty in securing her? A. Yes; I am sure of that—she called the person at the door of the house she ran to "granny."
NOT GUILTY .
MR. POLAND conducted the Prosecution.
MARY COOK . I am the wife of John Cook, who keeps a cornchandler's shop at Dock Head—on Saturday, 20th February, the prisoner came for half a quartern of flour, which came to threepence—she gave me a six-pence, which I put in a bowl in the till where there was no other money, as we had cleared the till for closing—I gave the prisoner threepence change, and she left—about ten minutes afterwards my husband took out the sixpence, showed it to me, and I found it was bad—I had put no money in the till in the meantime—she was the last customer—on the next Monday she came again for half a pound of oatmeal which came to a penny farthing—she gave me a bad sixpence—I called my husband, and told her in his presence that it was bad, and that she was the same person who gave the one on Saturday night—she said she was very sorry, she did not know it was bad—she knew she was in, and had half a quartern of flour.
JOHN COOK . On Saturday, 20th February, I saw the prisoner at my shop; about ten minutes after she had gone, I found a bad sixpence in the till—there was no other money in the bowl—I put it on one side, and afterwards gave it to the constable—on the Monday my wife called me, and gave me another bad sixpence, which I gave to the constable—the prisoner was there, and I gave her in custody.
Prisoner. When I came for the oatmeal I said, "I am very sorry it is bad, but I will tell you where I am living. Witness. Yes, you did; you said that you lived at Mr. Macintosh's, the police-inspector, 15, Brook-street—I followed you to see that you went to the spot, but I did not go to the house—I went there afterwards, and gave you in custody—you came from the back yard when I went in—I found the room you lodged in.
JOHN DALEY (Policeman, M 27). On 22d February, I took the prisoner at 15, Brook-street, where she lived—she said that she was very sorry, and hoped the prosecutor would not prosecute her—he gave me two sixpences, and she said that she did not know they were counterfeit.
Prisoners Defence. I had been out purchasing a few things, and took two sixpences in change; I took one to the grocers, and the other to the
corn-chandler's, but did not know they were bad; my daughter had only been confined a few days, and, of course, I ran home; I went to get the oatmeal on the Monday, and they said that it was bad, and that I was there on Saturday night; I said, "Yes," and that I lived in Brook-street; I went home, and about ten minutes afterwards the inspector came and charged me.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
JULIA MOSELEY . I am one of the assistant matrons of the Female Convict Prison, Brixton—the prisoner was one of the convicts in my charge—she was undergoing a sentence of four years' penal servitude, and had passed a great part of her sentence, and for good conduct she was what is called a first-class prisoner—she attended to the room of Mrs. Brown, one of the matrons—on Sunday, 24th January, about a quarter to 1, I went to her cell, and found it full of smoke—I asked her what was the matter—she said, "Nothing," and closed the door as quickly as possible—I re-opened it, smelling, as I thought, something burning, and I went in and asked her what it was—she said, "Nothing"—I discovered in one corner of the cell, two candles lighted—she said she was going to boil her cocoa—I asked her to give me the candles, which she did—I took them from her, and closed the cell—it was my duty to make a report of this to the authorities of the prison, which I did on the Sunday evening—on the Monday morning I went to the cell as usual, about half-past 7, when I went round to serve the bread—a prisoner of the name of Melvy carried the basket—when I came to the prisoner's cell I opened it, and was in the act of stooping down to take out a loaf from the basket, when I felt my bonnet pulled off my head, and I received a blow on the top of my head, a second blow at the side of my left ear, and a third on the left cheek—the prisoner's hands were then raised to give me a fourth blow, but I held her by the wrist—I had two prisoners, Collett and Melvy, assisting me with the breakfasts, and they raised their hands as though they were going to assist me—the prisoner said if any one assisted me, she would serve them as she had served me—she said that I had reported her, and it should be the last I should ever report—I saw something glittering in her hand at this time—I bled from the head and face, and felt very faint from loss of blood—I have since seen the bottle that was taken from her—I did not see it taken from her; I only saw something glittering—it was a small substance held in a handkerchief, which was rolled round her hand—I was taken to the infirmary, where I have been ever since—I was in bed for fifteen days—no one assisted me at all—I managed to get away somehow—Melvy went between me and the prisoner, so that I could manage to escape from her—she threw the loaves of bread that remained in the basket at me as I walked along the corridor.
Prisoner. Q. When did you enter the report? A. On the Sunday night—when I came to your cell I asked you what there was to cause the smoke
—you may have asked me to forgive you, but it was not in my power to forgive you; you knew that—I did not, that evening, take down the roll on which all the prisoners names are registered; I knew your register without that—it was my duty not to make any report without first consulting the principal matron who was in charge of the wing on the Sunday—when I came with your breakfast in the morning my left hand was towards you; Melvy, who was with the bread, was on my left; the woman with the cocoa on my right, and you were in your cell facing me—it is a very narrow ward—when I opened the door there was not sufficient room for you to come out; you remained at your cell door when you struck me—I was not aware at the moment who had given me the blow—your cell door was not open when I came up; I unlocked it myself—no one could give you the bread but myself—after you threw the loaves at me you threw the basket over into the lower part of the wing.
MARY ANN DONELLY I am principal matron of this division of the prison—on Monday, 25th January, about half-past 7, I heard a noise in the ward—I hastened to the spot, and was met by some of the prisoners, who wished me to go back, as they said there was danger, but I went forward, and met Miss Moseley bleeding from the head and face; she was covered with blood—I afterwards saw the prisoner running in the gallery, and throwing loaves in the direction of Miss Moseley, and, I think, one was intended for me.
Prisoner. Q. Did it hit you? A. No; you aimed at me, but I stooped my head.
Prisoner. If I had aimed at you I could have hit you, but I did not aim at you or at any one; I threw it anywhere.
MARY DEAVILLE . I am a matron in this prison—on the Monday morning, I met the prisoner being taken to her cell—I asked her how she could be so wicked—she said she wished she had given her more—she said that repeatedly.
Prisoner. Q. I did not threaten her life, did I, or say I would do for her yet, or anything of that sort? A. I don't clearly recollect what you said; you said a great deal more than I can remember—you said repeatedly that you wished you had given her more, both on the way to the refractory cell and in the cell.
CHARLES PURNELL . I am the engineer to the prison—I assisted in taking the prisoner to the refractory cell—on coming out of her cell she said, "I have not given her what I intended, but I will do for her yet"—she made the same statement several times going to the refractory cell. Prisoner. It is false, I never said so, but I need not be surprised at his telling a falsehood considering the language he used to me in taking me to the refractory ward; I know he would not be particular about telling a lie.
MARY ANN MURPHY . I am a prisoner in the Female Convict Prison at Brixton—on this Monday morning, I took a bottle from the prisoner's hand—it was like this produced, but deeper in the bottom—I gave it to Miss Fox, the matron.
Prisoner. Q. Was Miss Moseley gone when you took the part of the bottle from me? A. No, she was not.
EMMA FOX . I am one of the matrons of the prison—on this Monday morning, Murphy gave me this part of a bottle—there has been a small piece chipped off since I received it—I went to the prisoner's cell afterwards, and there found these broken pieces, and the neck of the bottle.
Prison at Brixton—on Monday morning, 25th January, about a quarter to 8, I saw Miss Moseley; she was bleeding profusely from three wounds, or four, in fact; one deep wound beneath the left eye, two smaller wounds in front of the left ear, and a scalp wound on the left side of the head—she was faint from the loss of blood—this bottle was brought to me about a quarter of an hour afterwards—the wounds might have been produced by such a bottle—she was confined to her bed for fifteen days, and she is still in the infirmary—she left the infirmary this morning to come and give evidence—the wounds were of a serious character, but not such as to endanger life, unless from subsequent consequences.
Prisoner's Defence. I acknowledge my fault as far as regards striking Miss Moseley, but I did not threaten her life or any one's else; what I did I did in a passion, and I am truly sorry for it, and I ask your mercy.
JURY to Miss Fox. Q. Can you tell how the prisoner became possessed of the bottle? A. No, I cannot, but I believe she prepared it the day before; it did not belong to her cell; there might be such a thing in Mrs. Brown's room, which the prisoner attended to—we have our beer in bottles—it is one of our beer bottles.
COURT to JULIA MOSELEY. Q. Had she the bottle there when you found the candles burning? A. No—I have no idea how she got the bottle, unless she got it from Mrs. Brown's room on the Monday morning. Prisoner. Mrs. Brown has no beer; she never takes it.
GUILTY .— Five Years' Penal Servitude.
Before Mr. Baron Channell.
MR. THOMPSON conducted the Prosecution.
ELIZA EDWARDS . I am the wife of William Edwards, of 4, Little Chatham-place. Locks-field's—the prosecutor and his wife were stopping at my house for a few days; they were going out of town—on Thursday, 4th February, about a quarter or half-past 5 in the evening, the prisoner came to the house—I was in the front parlour with my husband, the prosecutor, and his wife, and two friends—when the prisoner came in I said to him, "Now, I will have no row here; I don't wish you to come to my place"—I ordered Mrs. Harper up stairs, and she went—the prisoner said he bad come for no row—Harper said, "No, there is going to be no row in the house, but were we in the street or a public-house, we would see which was the best man"—the prisoner jumped up and said, "I am ready for you flow"—a scuffle took place; my table was over-turned, and the paraffin lamp knocked over, and I tried to pick it up, being afraid of an explosion—he scuffle did not last above three minutes—Harper cried out, "I am stabbed all over"—I saw no knife or anything, I was picking up my lamp—the prisoner was drunk—I found that Harper was stabbed all over.
Prisoner. I don't remember anything about it; I was very tipsy; what I went to the house for was a walking-stick which her husband had belonging me, and on which he had lent me s. Witness. We had his walkingstick, and it had been there three weeks—my husband had lent him some money on it—the prisoner had paid him back, and said he would call for the stick, but he did not.
HARRIET HARPER . I am the wife of Joseph Harper—my husband came out of prison on 30th January—he had been in prison three months—during his absence I had been cohabiting with the prisoner for nine weeks—
on Wednesday, 3d February, my husband met me in the street, and took me to Mrs. Edwards's—next day, while we were at Mrs. Edwards's, the prisoner came there—I was told to go up stairs—I did so—when I got on the stairs I heard Mrs. Edwards say, "I hope you have not come here for a row"—the prisoner said he had not come for a row—my husband said, "I wish it had been in a public-house instead of here, we would see which would be the best," or words to that effect—the prisoner replied that he was ready then—I then heard a scuffling, and came down the stairs, and saw both the men having hold of each other, and my husband cried out, "I am stabbed"—I rushed out and fetched the doctor.
JOSEPH HARPER . I am a general dealer, and live at 5, Little Chathamplace, Lock's-fields—I came out of prison on 30th January—on Wednesday night, 3d February, I found my wife in the street, and took her to Mrs. Edwards's—she was alone, just coming out of a public-house in Blackfriars-road—I afterwards went to a place where the prisoner had taken her to lodge and took some goods of mine away—that was on the Thursday, the day this happened—I removed the things to Mrs. Edwards's in a cab—I did not see the prisoner till he came to Mrs. Edwards's between 5 and 6—Mrs. Edwards ordered my wife up stairs, and told the prisoner she hoped he was not come there to have any disturbance—he said he was not—I said, "I suppose you have come after this woman (pointing towards my wife who was then on the stairs), if you are, I wish it was in a public-house or some other place, that we could see the result of it, for what you have done for me"—he jumped up off his seat, and said, "I am ready for you now, you b——,"—the table was in the middle of the room, and as he rushed towards me, my wife was on my left hand, and I met him, and he struck at me—I thought it was a blow from the hand, but I found it was a blow from a knife, through my lip—the next thing I found was a stab in the abdomen, and the next was across between the stomach and the heart—J cried out, "I am stabbed, I am stabbed the is letting my belly out"—I closed with him and took the knife from him, and it ran into my thumb—I saw the knife from the first time, after he drew his hand back, when he cut it through my lip; I saw the blade of the knife glitter in his hand—it was a small penknife—when I found I could not get the knife from him, I threw my arms round him, and threw him down, and held him there for half an hour, till the constable came and took him out of my hands—while I had him down on the floor, I saw him make an attempt to convey the knife away, by throwing his arms towards the grate—I called out to the doctor's son, young Mr. Dry, "He is conveying the knife away now; it is somewhere about the fire-place"—I was afterwards taken in a cab to St. Thomas's Hospital—I remained there nine days—I have no medical attendance now.
COURT. Q. Had you done anything to the prisoner before he struck you on the lip? A. No; after the second wound was inflicted I found the blood trickling down my trousers from the abdomen—I was not struck at all by the fist; it was by the knife each time; I am certain of that.
Prisoner. He knocked me down with the blow he gave me on the back of the head, and he hit me in the eye. Witness. I believe when I threw him down his head went against the wall—I had not done anything to him before he struck me on the lip—in the course of our struggle the table was upset and he might have caught his head against that or a chair; the table was knocked all to pieces.
when I got there I found him and the prisoner on the ground; the prisoner underneath—I asked the prosecutor who had done it—he said the prisoner—I asked him if he could rise up—he said, "No; I will not leave him until a constable comes and takes him into custody"—my son came in and I sent him for a constable—when the prosecutor got up, I gave the prisoner into custody, and then examined the prosecutor—I found three incised transverse wounds on his person, one in the lip, one over the region of the heart, and the other over the abdomen—the one on the lip was a simple incised wound; that over the heart was a transverse incised wound, the fourth rib had impeded the blow; the instrument that was used must have penetrated had it not been for the rib—the depth of that wound was about half an inch, through the skin and muscle; he was not a very fleshy man—the wound over the abdomen was about three inches in length; the superior and inferior oblique muscles were divided, but it had not gone into the substance of the peritoneum, or covering of the bowels—he had lost a great quantity of blood—I took him in a cab to St. Thomas's Hospital—this knife was brought to the station the same night by Neville, one of the witnesses, and shown to me—there was blood on the blade.
COURT. Q. Could you form any judgment whether the prisoner was drunk or sober? A. He was not sober, but I think he was capable of knowing what he was doing—he was taken by the police to the hospital that same night for the prosecutor to identify him—I think he was sobered by the event.
GEORGE WARMAK (Policeman, P 210). I received information about twenty-five minutes past 6, and went as fast as I could to the house, and took the prisoner into custody—as we were going to the station I asked him how he came to do it—he said he knew nothing about it—when we had got a short distance he began to sham being drunk—he appeared to, have had a drop, but acted more of it—I said to him, "It is no use putting that on, you stagger very well," and he walked better afterwards.
JOHN H. WORRELLS (Police-inspector). I was at the station when the prisoner was brought there—I took him to the hospital in company with two other constables, in plain clothes, and asked Harper, who was then lying in bed, whether he knew either of these men—he said, "Yes, I do; that is the one with the hat"—that was the prisoner—I asked Harper what he had done to him—he said, "Stabbed me in the stomach, side, face, and hands"—the prisoner said nothing; he merely leant forwards—I afterwards entered the charge, and read it over to him—he said, "I deny it; that is all I have to say"—both his hands were covered with dried blood, and the wrists also.
Prisoner. That blood came from my head and nose. Witness. I saw none coming from his head or nose; his eyes were contused, but there was no blood except on his hands and wrists—I saw no wound about him that could have caused that blood.
THOMAS NEVILLE (Policeman, P 363). I took the prisoner to the hospital—I produce Harper's clothes, which I received from the man who assisted co undress him at the hospital—I saw him undressed—there is one cut in the waistcoat and one in the trousers, one in the top shirt and two in the under shirt—the cuts between the outer and inner things correspond—I afterwards went back to 5, Chapel-place and examined the room, and in the centre of the fire I found the knife now produced—the fire was alight and very bright.
Prisoner's Defence. I was living with this woman for ten weeks. I went into the country for a couple of days, and when I came back the woman of
the house told me she was gone; that her husband had come and taken her away in a cab, and she had left the things with her for the rent. I went out and met some friends and got tipsy. I went to Mrs. Edwards's house, not knowing they were there. They were all sitting round the table, and I sat down, when he started upon me, and I got hit in the back of my head with something; I don't know what, and from that I don't remember anything that happened. She came to me afterwards in Horsemonger-lane, three times, and when she bad got all my money, I saw no more of her.
GUILTY .— Eight Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. POLAND conducted the Prosecution.
LOUISA COLE . I am barmaid at the Rising Sun, in the Kent-road—on Monday, 1st February, between 8 and 9, the prisoner came for some beer and gin, which came to 2 1/2d.—she paid me in copper, stood there some time, went out, came in again, and asked for some beer—she gave me a florin—I put it into the till, and gave her 1s. 11d. change—she then gave me three-halfpence for some gin to put into the beer—she then went out, came in again, and had some more beer, and gave me a penny—she went out again, and in five minutes came back for some more beer and gin, and gave me half-crown—we were rather slack then, and I looked at it and found that it was bad—I then went to the till and found the florin was bad—there was no other florin there—I had put no other florin in, or taken change out—I told her the half-crown was bad—she said that she got it at the baker's shop, and could go and change it—she was going to leave, but three or four people stopped her—I gave the half-crown and florin to my master.
Prisoner. I never changed a two-shilling piece in your house—I saw you take one from another woman; I changed a shilling. Witness. I am certain you gave me the florin.
JOHN WILLIAM HALL . My mother keeps the Rising Sun—on 1st February last witness gave me a florin and a half-crown—I gave them to the constable—the prisoner said she got the half-crown at a baker's shop.
CHARLES COX (Policeman, 346 P). I stopped the prisoner outside the door of the Rising Sun—she was running away; I took her back—her left hand was closed—I asked her what she had got—she said, "Nothing," and struggled violently, and bit my thumb—I took a good sixpence out of her hand—she was searched at the station by the female searcher—on the next day the prisoner gave me a good florin, which she said was in her petticoat-pocket, and that the female searcher had overlooked it—when I took her she had a basket with two loaves in it—she said that she lived at Oakleyterrace, Wandsworth; afterwards she said "Near Astley's theatre," but she did not know the street.
MARIA HILDAWAY . I am female searcher at the Peckham police-station—on 1st February I searched the prisoner—I stripped her, and then undid her hair, and found a bag in the knot behind, containing 2s. 6d. in silver and 4 3/4d. in copper, good money—she begged I would not mention it to the inspector, as she did not wish him to know how much she had about her—I found silver and halfpence in her pocket amounting to 2s. 7d.—I shook her clothes, and am certain I left nothing in her petticoat.
in the house three-quarters of an hour. I did not know the half-crown was bad. I put the money in my hair at the station because I wanted to give it to a person who minds my child. I did not tell the constable I lived at Wandsworth, I told him I lived near Astley's theatre, but I did not know the name of the street; I removed there only on Saturday. A woman gave the witness a 2s.-piece for half a pint of gin, and I saw her also give a gentleman change for a sovereign."
Prisoner's Defence. I did not know the half-crown was bad. I never changed a 2s. piece that day. The money found on me was what my husband gave me on Saturday night. He said that he would be here.
GUILTY .— Confined Four Months.
MESSRS. POLAND and LILLET conducted the Prosecution.
LUCY PILCHER . I am the wife of William Pilcher, of the Victory Inn, Merton-road—on Thursday, 18th February, about a quarter to 12 o'clock, the prisoner Claydon came for half a quartern of gin—she brought a bottle—she gave me a half-crown—I put it in the till, and gave her two shillings, a threepenny-piece and some halfpence—I was the only person serving in the bar—in about an hour and a half I received information from a policeman—I looked in the till and found the half-crown was bad—I am quite sure it was the same I had taken from the prisoner; I had taken no other in the mean time—I noticed the bottle I put the gin in; this is it (produced).
HARRIETTS SINNICK . I am the wife of John Sinnick, a grocer, of Merton-road—on 18th February, Claydon came in for a quarter of a pound of cheese, and gave me half-a-crown—I gave her 2s. and 3.1/2d. change, and she went away—she told me that she was lodging at Mrs. Saunder's—I rather doubted it, and watched, and she did not go there—I put the half-crown in the till; there was no other there—I looked at it after she left and found it was bad—I followed her into the King's Head, and found her in the tap-room with Murden—I said to her, "The half-crown you gave me was not good"—she looked at it, and said to Murden, "Give her good money and let her go"—he gave me 2s. and a 3d.-piece and threepennyworth of coppers—I went away, leaving the bad half-crown with them.
Claydon. I said, "Is it not?" I was not aware that it was bad.
WILLIAM GADD (Policeman, V 58). I received information, and went in search of the prisoners—I found them in company in the High-street, walking from Merton, about 3 o'clock—when they saw me they turned down Wimbledon-lane—Murden ran six or seven hundred yards, but stopped when we got to him—we had passed Claydon to overtake him—I told them the charge—Murden said, "I know nothing of her"—Claydon said, "I know nothing of him"—I took them to the station, and found on Murden two florins, two good shillings, a bad shilling, a 6d. and 4.1/2d. in coppers, and two children's belts perfectly new—I found no half-crown on either of them—Murden gave the name of John Fowler, but next day at the police-court he gave the name of John Murden, 18, St. Ann-street, Westminster—Claydon first told me her name was Sarah Claydon, 19, St. Ann-street, Westminster, and afterwards Sarah Jeffery, which I proved to be false—I went the same afternoon to Mrs. Pilcher, and received eight half-crowns and ft bad shilling, which was not discovered till we were at the police-court.
Murden. It went through six or seven persons' hands. Witness. It never was out of my possession.
WILLIAM OSMOTHERLEY (Policeman, V 24). I was with Gadd—I saw the prisoners in company in High-street, Merton—I followed Murden; he ran six or seven hundred yards, and just before I caught him he cast his right hand as if he threw something away—when I went up to him he asked what I wanted—I said I wanted him for being concerned with a woman in passing counterfeit coin—he said that he knew nothing about any woman, and had not been in the company of any woman—we had not time to look that night, and next day it snowed, and nothing was found.
Murden's Defence. I received the amount in change for a half-sovereign. When I was first taken, the sergeant looked over my money, and it was all correct. I was taken to Wandsworth, and two sergeants and an inspector looked over it for half an hour, and there was no bad money; and on the Friday, when I came up on remand, the policeman produced the money, and there was no bad money there. I was sent for trial, and when I had been locked up three or four hours they came and said, "There is another charge against you." I said, "What?" He said "There is a bad shilling among your good." I said, "Nonsense; why did you not find it out before?" Is it likely? It must have been put in. The Magistrate said, "Very likely you got it where you got change." I said, "I am sure the publican would not give me a bad shilling. I was not with this woman at all, I was with an Irishwoman.
Claydon's Defence. It was a female who was with me, not this man. She asked me to fetch her half a quartern of gin. She pointed to a public-house, and said, "Fetch it in this bottle." I did so, and gave her the change, She asked me to hold the basket and bottle till she came back from selling her tape. I stopped half an hour, and was tired of waiting. I went past the public-house and met the prisoner, who asked me to have a drop of beer. I went in, and they said it was bad. I know the woman, but have not seen her.
MURDEN— GUILTY .*†— Confined Eighteen Months.
CLAYDON.— GUILTY .— Confined Six Months.
MR. POLAND conducted the Prosecution.
MATILDA ELIZABETH CUTRESS . I am barmaid at the Quill, at Putney—on Wednesday, 27th January, between 11 and 12 in the morning, I served the prisoner with some ale, for which he paid me three halfpence, and then ordered bread and cheese, and gave me a shilling—while it was on the bar, I told him it was counterfeit, and then I bent it, and asked him how many he had—he said, "Not any"—he pulled out some more money, and gave me a good shilling—I gave him 101-2d. change, kept the bad shilling, and gave it to a policeman.
RICHARD CASE . My uncle, Mr. Wigley, keeps the Telegram Inn, Putneyheath—on 27th January, about a quarter past 1, the prisoner came for half a pint of ale, and gave me a shilling—I took it to my uncle, showed it to him, and he came and spoke to the prisoner—I saw the prisoner pay for the ale—he said that he got four shillings the day before from Mr. Ayling, of Wandsworth.
was bad, and it would not do here—he said that he was not aware of it; he did not know he had any bad money about him; if be bad, be took it of Mr. Ayling, boot and shoe maker, of Wandsworth, the day before—I tried it, and it broke—he picked it up, went to the door, threw it away, and paid me with a good shilling—it was quite soft, and bent easily—I gave him 10 1/2d. change, and he left—afterwards, a postman named Booth called, and I gave him some information—I saw Mr. Addison about an hour and a half afterwards—I saw the prisoner just afterwards, and be asked me if that was the man who bad been at my house—I said, "Yes"—I then told him he was not satisfied with passing bad money at our house, be bad been to the Bald-faced Stag—he said that he had not passed any money at the Baldfaced Stag—Addison said that he had, and that be saw him throw some money in the pond—the prisoner said it was a good shilling which he passed, and asked Addison to let him look at it—I told Addison not to do so, and he did not—the prisoner said that be would give five shillings to have the pond drawn—I know the pond; it is very large.
CORNELIA RUDDEN . I am the barmaid at the Bald-faced Stag, Putneyvale—on 27th January, about 3 o'clock, the prisoner came, and I served him with a pint of porter—he tendered me a shilling, and I gave him tenpence change, and put it into a bowl in the till—there were no other shillings there—there had been no shilling taken but that one—the prisoner stayed some tine, and had a second pint of beer—he paid with two penny pieces—before he left, the postman came in and spoke to me, but the prisoner could not hear—in consequence of what he said, I went to the bowl, took out the shilling, bit it, and found it was bad—I told the landlord that it was no use then, as I had not detected it at the time I said nothing to the prisoner, and he went away—I gave that shilling to Addison, who is a nephew of the landlady.
Prisoner. Q. Was I standing in front of the till? A. I cannot say—you could not see into the till when I opened it—I took two shillings out afterwards, not from the bowl, but from the back of the drawer—I beard you speak to the mistress about an ostler's situation, and that took me off my guard—I do not know why I took the other shillings out—I only carried this one into the other room—I only kept one out, and that was the one I took out of the bowl—I do not know you, if the landlady does—you have not worked there since this landlady has had the house.
MR. POLAND. Q. Had the landlady anything to do with serving the prisoner? A. No; but be asked her if she was in want of an ostler, and she said, "Yes."
WILLIAM ADDISON . I live at the Bald-faced Stag, and my aunt keeps it—on Wednesday, 27th January, the prisoner same and asked me if I knew where Bob Cocks was living—I told him in Battersea-fields somewhere—a postman came in in uniform, and gave me some information—after the prisoner had gone, the last witness gave me a bad shilling;—I went towards Putneyheath, where the prisoner was, and detained him—there is a large pond there, into which I saw him throw something, which he, seven or eight different times, sorted out of his pocket and threw in—Mr. Wigley came up, and he walked between Mr. Wigley and me, and I fetched a policeman, and gave him in charge, with the shilling—he said that he would not mind giving five shillings to have the pond searched, and offered to be searched himself; but I said, "It is not likely you have got any more bad money on you now."
these bad shillings from Addison and Cutress—I searched him, and found a florin, a shilling, two sixpences, and 1s. 0 1/2d. in copper.
Prisoner. Q. Did I tell you where I had received my money that week? A. Yes; you said that you had blistered Mr. Ayling's horse, and he paid you a half-crown, a sixpence, and a shilling.
Prisoner's Defence. I had a sovereign given me on Monday before I left Aldershot. On Tuesday, I worked for Mr. Ayling, of Wandsworth, and took four shillings of him: whether they were good or bad, I do not know. I took some money in the King's-road, and had half a sovereign of my own. I did not know I had any bad money; but people take advantage of a man who is near sighted, and give him bad money. I gave this woman a good shilling, and therefore had no occasion to hurry away, but had another pint of beer. I do not know where the pond is, I never noticed it, and never threw anything into it.
GUILTY .— Confined Nine Months.
MR. GENT conducted the Prosecution.
WILLIAM LENTON . I am a boot and shoe maker, of 8, Dockhead, Bermondsey—I have a branch shop in Brunswick-terrace, Lower-road, Rotherhithe, which the prisoner managed—he went there at the latter end of last August—he had 25s. a week, and apartments for his wife and family—he had a book for every week's account—he was to enter everybody's account separately in that book, and send it to me every week; then I would go there on the Monday, Tuesday, or Wednesday, to take the money, after he had deducted his own wages and paid the boy—I saw by what he had entered in the book that so much stock was gone—there was a ledger as well—I never looked at the ledger, unless I saw something entered in this book to call my attention to it—from information I received, I went to my shop at Rotherhithe on Wednesday, 30th December, at half-past 2 in the afternoon—the prisoner was not there—I saw there had been a fire in the cellar—the money he took was kept in a desk, locked up—the prisoner had the key for that purpose—the fire was on a top shelf in the cellar, nine inches from the ceiling, underneath where the desk and the books were—the fire had burnt through the ceiling and just scorched the floor—I went away, and came back again in the evening of the same day, and the prisoner had come back—I asked him where he had been—he said, "I have been out; I am that miserable, I can't stop in the house any longer"—he left the boy there and his wife—I stopped there till the shop was shut up in the evening—I told him he had not got anything to make him miserable that I knew of—he did not tell me what it arose from—when the shop was closed I asked him for the amount he had sent me up in the book, the balance of 11l. 2s. 10d. for the week's account, and also the money he had taken for the last three days, Monday, Tuesday, and Wednesday, 3l. 5s. 5d. which was entered on a slate—that showed altogether an amount of 14l. 8s. 3d.—that was after deducting his weekly wages—he said he would get the money—he went to the desk, and came back and said he could not find the key—I said, "We had better break the desk open, then"—he said, "It is a pity to break the desk open, you had better come to-morrow"—the boy was there at the time—I got a hammer to break open the desk—while I was breaking it open I said, "Here it comes, Henderson, here it comes"—I turned round to speak to him and he had slipped out of the shop into the passage—the street door was wide open—I called to his wife, but he was not to be found, he had gone
—I then called in a policeman—the desk was broken open, and the policeman and my lad found 8s. 9d. there—I did not take it out—I next saw the prisoner on 29th January at Stepney—I said to him, "Henderson, how came you to abscond in such a manner?"—he said, "I was trying to make it up"—he was taken to the station-house—there is no entry in this book (produced) of the receipt of 2l. 5s. 6d. from a Mrs. Crutch on 16th Decamber—there is no entry between 16th December and 26th December, when the books were made up—there is no entry of 13s. 3d paid by Mrs. Crutch at the same time—the 2l. 5s. 6d. is entered in the ledger as paid—the prisoner knew that my practice was not to look at the ledger, unless I saw the entry in this book—I have not received any of this money since from him.
Prisoner. If you refer to one of those books, on 9th, in your ledger, you will find two entries; you stated that for five weeks you had not seen the ledger, is it not the practice when you give credit to put the names of the persons in the ledger, and not the amount? A. There is nothing to call my attention to the ledger since 9th December, and what then called my attention was two items on credit, one to Mr. Harris, and one to Mr. Granville—I have not seen the ledger since that.
COURT. Q. Then supposing the prisoner sold any goods on credit, his duty would be to enter the name of the customer here, and not the money? A. Yes, and that would at once inform me that it was in the ledger; seeing the name and not the amount I should go to the ledger, to see what the account was—my complaint is, that Mrs. Crutch's name was not put down in this book—there were accounts from time to time which made it necessary for me to look at the ledger—Mrs. Crutch's account, 2l. 5s. 6d appears in the ledger to have been paid, and I say that under that date, December 16th, it should appear as paid in this book, otherwise I should not know it.
MR. GENT. Q. Is this bill (produced) in the prisoner's writing? A. Yes, and this is the receipt he gave to Mrs. Crutch—there is no entry of it in the book, and I have never received the money.
MARY CRUTCH . I deal with Mr. William Lenton, at his shop in Brunswickterrace, Lower-road, Rotherhithe, and have done so for some years—in December I owed him two accounts of 2l. 5s. 6d. and 13d. 3d.—I paid this bill of 2l. 5s. 6d. on December 16th, to the prisoner, and the 13s. 3d. on the same date, and at the same time—I saw him receipt the two bills.
Prisoner. Q. Was there not an error in the account? A. Yes—it was added up 6s. more than I owed.
JETHRO HUGHES . I am in the employment of Mr. Lenton at Rotherhithe—on 30th December Mr. Lenton came there and went away again—Mr. Henderson afterwards sent me out for a screw-driver to open the desk—he was not there when I came back—Mr. Lenton was opening the desk when I came hack, and he called a policeman in—we found 8s. 9d. in the desk.
Prisoner. Q. Was it not broken open before you came in? A. No—Mr. Lenton was doing it when I came in—he had not done it.
GEORGE STERS (Policeman, A 481). The prisoner was given into my charge on 29th January by his master—I charged him with absconding with his master's money—I did not state the amount—he said he intended to make the account up if the prosecutor would give him time to do so, and he intended to plead guilty to the charge.
COURT to WILLIAM LENTON. Q. Did you go to the prisoner to receive the money on any fixed day, or when you liked? A. Any day I liked.
The COURT considered that the sum of 3l. 5s. 3d. had been asked for before the time, and therefore there was no embezzlement as to that.
Prisoner's Defence. With regard to Mrs. Crutch's account I admit having the money, but it was paid on the Saturday-night, which is a busy time, and she paid it with a 5l. note, and having that to change, I may possibly have passed it over. I had no intention of defrauding the prosecutor in any way. It came to his knowledge that I had been offered a business which was to let in the neighbourhood of his own shop, and he was rather annoyed at it For the last three months it had been his practice to come down on the Thursday, and if he had done so on this occasion he would have had the money. I sent the boy for a screw-driver, gave Mr. Lenton the keys, said I would go through the accounts with him the next morning, and went out. If he had come on the Thursday I should have been prepared to have met him as I have always done. NOT GUILTY .
MR. WOOD conducted the Prosecution.
DAVID WARD . I am a corn-dealer, of 35, Jamaica-row, Bermondsey—on Sunday morning, 14th February, about a quarter to 3 o'clock, I was lying awake, and heard footsteps, and somebody trying to open the door which I had fastened on going to bed—my window was not fastened, and the prisoner knew that there was no fastening to it—somebody came to my bedside, and passed their band between the mattress and the bed, and tried to take a cash-box which was there from under my head—I have been in the habit of keeping it there for the last five or six years—the man struck a light, and lit the candle, and then I saw that it was the prisoner—I jumped out of bed, and took hold of him—he became very much excited, and was all in a tremble—I walked to the window, a man came from the opposite tide of the road, and said, "All right"—I said nothing when I seized the prisoner, nor had he said anything to me—he was standing still in the room while I was at the window—I returned to my bedside, and sat down and dressed, while the prisoner waited there—I had not said anything to him—I knew him; I might have been a little excited—I have not seen the man outside, since, but I know him, and have seen him and the prisoner together—after I was dressed, the prisoner opened the door and walked down stairs—I picked up the light, and followed him into my shop—I told him he could sit down, and make himself comfortable till the police came—he said, "Some man came across and called me up and said, 'Somebody is breaking into your master's house'—I asked him who his master was, but he made no reply—he was not my servant then—he ceased to be so in October—he had been in my service three months, and in my brother's a little over five years, at the same place—I had a habit of putting my money into a box, and putting it under the mattrass, and the prisoner knew that: he had fetched it from there several times—I had in the box that night 45l. 13s 6d.
Cross-examined by MR. WHARTON. Q. I suppose you felt excited? A. Yes; I did not see who it was till I was out of bed, and had hold of him—there was nothing spoken in the room by either of us—the window was shut down close, but there was no fastening to it—my bedroom is on the first floor—it is about twelve feet high from the ground—the shop window is beneath it—there is a ledge at the top of the street; a cornice runs along—the window was open when I got out of bed—I was sleeping alone.
BENJAMIN BADMAN (Policeman, M 40). About five minutes past 3, on Sunday morning, I saw the prosecutor standing at his shop door—he called me, and gave the prisoner into my charge—he said nothing then, but at
the station he said that some man had called him, and told him that some people were breaking into his master's house, that he could not make his master hear, so he got in at the window—the prisoner had no boots on—I went to his house, which is about eighty yards from the prosecutor's, and found his boots just inside his door, which was open—he put them on—he said that a man helped him up to the window.
Cross-examined. Q. Is it very easy to get up to the window? A. A man could not get up without assistance—it would not be difficult with assistance—I could get up, if a man gave me a leg up.
GUILTY .— Confined Nine Months.
Before Mr. Recorder.
MR. THOMPSON conducted the Prosecution.
JOSEPH CRYER . I am in partnership with Edward Parrett, a grocer, in the Blackfriars-road—we have a customer named Bilke; he is now indebted to us in three amounts; one is 9s. 1d.—part of this invoice (produced) was written at our shop; one of the assistants served the goods to which it relates—I do not know' the handwriting to the receipt; it is not the writing of myself or my partner, or of any one in our employment—we have never been paid the sum of 9s. 1d for which that purports to be a receipt.
FREDERICK SMITH . I was in the employment of Messrs. Parrett and Co., till 19th January—the signature to this invoice is not in my writing—I did not serve the goods—the receipt is not mine—the signature is, "Paid, F. Smith"—I always sign my name, "Frederick Smith"—I never put the simple initial, "F."
HENRY BILKE . I live at 12, Stamford-street, Blackfriars-road—the prisoner was in my service as cook and housekeeper—this is my housekeeping-book; it is in the prisoner's handwriting—it contains an entry for 9s. 1d—on 19th January I gave her the money to pay it, and she afterwards gave me this receipt—I believe the Signature, "Paid, F. Smith" to be the prisoner's handwriting, now my attention has been called to it—I passed it as a matter of course at the time without noticing it.
ISAAC SHEPHERD (Police-sergeant, L 2). I took the prisoner into custody—I showed her this receipt—she said the part, "Paid, F. Smith, "was in her handwriting—I told her she would be also charged with forgery, and she said, "I was not aware it was forgery."
Prisoner's Defence. I was not aware of the nature of the offence.
GUILTY.—Strongly recommended to mercy by the Jury, they believing that she was not aware of the gravity of the offence. — Confined Nine Months. There was another Indictment against the prisoner.
ADJOURNED TO MONDAY, APRIL 11TH, 1864.