CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 11TH, 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, April 11th, 1864, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; Sir JAMES SHAW WILLES. Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir GILLERY PIGOTT. Knt., one of the Barons of Her Majesty's Court of Exchequer; WILLIAM TAYLOR COPELAND. Esq., M.P.; THOMAS CHALLIS. Esq.; THOMAS SIDNEY. Esq., M.P.; and THOMAS QUESTED FINNIS. Esq., Aldermen of the City of London; RUSSELL GURNEY. Esq., Q.C., Recorder of the said City; BENJAMIN SAMUEL PHILLIPS . Esq.; ROBERT BESLEY. Esq.; and DAVID STONE. 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.
HILARY NICHOLAS NISSEN, Esq.
THOMAS CAVE, Esq.
JOHN WILSON NICHOLSON, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
LAWRENCE, MAYOR. SIXTH 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, April 11th, 1864.
Before Mr. Recorder.
MR. BES. conducted the Prosecution.
JOHN PULLEN . I am a solicitor, and have offices at 1, Cloister, Temple—I first became acquainted with the prisoner about the beginning of December, or latter end of November—he was brought to me by a Mr. Arundel, with reference to a bill for 300l. which I was applied to to have cashed—the prisoner said that he had the means of procuring the 300l, that he had bespoken 300l. for the purpose of discounting that 300l. bill—he said that in the presence of Arundel; they both said it in fact—that transaction went off, the money was not required—about 19th December, I was desirous of discounting a bill for 150l. for a client—the prisoner came to my office about that time to know whether I could give him the 300l. bill which had not then been disposed of—I told him the money was not required for the 300l. bill, and I asked whether he could apply the 300l. for the purpose of discounting the 150l. bill—he said he could, that it made no difference whether I gave the bill to him or Mr. Arundel; it was one and the same thing—he was Mr. Arundel's agent in the matter—I gave him the bill, and took this memorandum from him—Read: "23d December, 1863, I have this day received a bill of 150l. accepted by Mr. T. Pitcher, and drawn by Mr. Vizitelli, from Mr. Pullen to get cashed, and he has received no consideration for the same, and I undertake to return it on demand, George Bayfield. "On receiving that memorandum I gave him the bill—he called on me frequently respecting the bill within a few days from the time, and showed me the bill nearly every time he came—the last time he called upon me was on the Friday, I think, immediately after Christmas-day—he then told me that application had been made to the drawer to know if the handwriting of himself and the acceptor was correct, and the money would he handed over to me between 3 and 4 on the following day—he did not call on me on the following day—I never saw him afterwards till he was in custody—I did not get any of the money—I called on the following day, Sunday, at the place where he represented himself to live, 17, Munster-street, Regent's-park—I did not find him there—I next saw him when he was
brought to me by Mr. Arundel, in custody of an officer—I have no particular date of when that was; it was a month after this at least—I should not have parted with the possession of the bill if the prisoner had not represented himself as the agent of Mr. Arundel—he was an entire stranger to me.
Cross-examined by MR. PATER. Q. I believe you have carried on business as a discount agent for some time? A. Not at all; I never have been—when I had clients, whom I thought deserving of a matter of that sort to be attended to, I have got their bills discounted as I could; but I don't think I have discounted a dozen in my life—I have carried on business in the Temple since last Christmas twelve-months; before that I was in St. Swithin's-lane—if 23d December is the date on the memorandum, that was When I gave the prisoner the 150l. bill—I am quite sure it was on the day I took the memorandum—he was alone when he called on the 23d—on the first occasion Arundel introduced him to me—he stated that he wanted some information beyond what he already possessed respecting the bill for 300l. and he had brought Mr. Bayfield as he had the means of procuring the money, supposing the information was correct—Arundel had attempted to negotiate the 300l. bill—he did not have possession of the bill at all—I had instructed him to ascertain whether he could get it discounted—when I entrust anybody with a bill of exchange, as a rule I always take a receipt—I saw the prisoner five or six times after I entrusted him with the 150l. bill on 23d December; between that time and the Friday after Christmas-day—I had not seen Mr. Arundel at all between 23d December and that Friday—I cannot recollect the date when he brought the prisoner to me in custody—I met Arundel on 1st January, when I was going into the hotel at Temple-bar—I only saw him for a moment—the prisoner was then in possession of the bill—I did not say anything to Arundel then about having entrusted the prisoner with the 150l. bill as his agent—I had no suspicion on my mind—I thought he was his agent—I certainly had not seen Arundel several times between the time of the prisoner receiving the 150l. bill and 1st January—I saw him frequently after 1st January—on the Tuesday following the 3d or 4th January, I gave Arundel authority to take the prisoner up whenever he could find him, and told him the whole facts—immediately the prisoner stopped calling upon me, I went to Arundel—the prisoner came to me, I think, the day after Christmas-day—he appeared to have been drinking too much—he said he would like to lodge the bill with me till Monday for safe custody—I gave it to him again on the Monday following—I had not seen Arundel before that—I had no communication with Arundel after the prisoner received the bill from me before I gave him instructions to give the prisoner into custody—I have known Mr. Arundel, without speaking to him, with reference to other matters, perhaps for a year—I never had any transactions with him—I have known him, perhaps, three or four months—he had not discounted any bills for me; he had for friends of mine—he was recommended to me as a person who would discount—he was formerly clerk to a barrister—my knowledge of him, with regard to these matters, has been only a few mouths—I gave the prisoner a note to a Mr. Moore, of King William-street—it is very probable that I told him on that occasion if he obtained cash for a bill of exchange for 49l. 15s. he and I would divide the commission—I will not swear I did say so, very probably I did—I did not say to him on that occasion, that Arundel got so drunk that I could have no more to do with him—I did not say that he had been at my chambers in such a state of intoxication the day before, that I was ashamed anybody should see him—I don't think I told the prisoner that after he had seen Mr.
Moore, with reference to the hill of exchange for 49l. 15s., he was to return tome at my chambers; I introduced Mr. Moore to him, but I don't think I had anything further to do with it—he called and spoke to me about Mr. Moore's bill, as having appointments with Mr. Moore in reference to it, but I did not know what was going on about it—I don't know whether or not be told me he had not been successful in the matter—I can't tell at what time the bill was running; whether it was running at the time he had the other bill or not—I know that the bill was taken out of his hands; it was not cashed—I don't think I told the prisoner that if he obtained the discount for the 150l. bill, the commission would be 15l—I think it would be much less—I think it was to have been 10l—I did not tell him that Arundel was not to receive anything for that—I do not know that since I handed this bill to the prisoner Mr. Pitcher, the drawer, has compounded with his creditors; I know nothing whatever about it—I think the 150l. bill was entrusted to him before the introduction to Mr. Moore—I am not quite sure about that—he was to employ part of the 300l—I said I could give him an introduction to Mr. Moore, and if he could get the bill discounted, he could do it out of the 300l.—it was when he came for the 300l. bill that something was said about his being the agent of Arundel, when he was introduced by Arundel, and afterwards when he came by himself—I and Arundel did not have any private conversation when he introduced the prisoner to me—the conversation took place when they were together—he did not state in Arundel's presence that he was his agent—Arundel mentioned that the prisoner had the means of getting the 300l. that was required for the bill—he did not say he was his agent—I considered at the time he brought him to me in the first instance, to be the principal—on the two occasions when Arundel introduced the prisoner to me, I thought he was acting in concert with regard to getting the 300l. bill cashed—I have no reason to doubt Arundel's respectability—I believe him to be a perfectly trustworthy person—the address that the prisoner gave was not where he received his letters—he said it was his address, and he gave me his card—I considered it to be his residence—he said he resided there.
MR. BEST. Q. You have been asked about giving Arundel authority to have the prisoner apprehended; what did you say to him? A. I told him that Bayfield had represented to me that he was acting as Arundel's agent, and as I had found out that was not so, I thought it was his duty at once to take him into custody, and I directed him to do so; that he had misrepresented himself and he was to take him into custody whenever he could find him—when the prisoner was in custody with me and Mr. Arundel, I asked him where the bill was—he shuffled in his pocket-book for some letters, hut nothing passed—that impressed itself very strongly on my mind—he mentioned the name, I think, of a man named Dilnutt—I don't know whether he represented him to be in the possession of the bill—he appeared to be looking for a letter in a pocket-book, which had a number of loose papers in it, and something that he could not find seemed to be connected with Mr. Dilnutt's name.
CHARLES ARUNDEL . I live at 24, Ashford-street, Hoxton—I used to have an office at 10, Clifford's Inn; I have not now—I get bills discounted—I know Mr. Pullen, slightly—in consequence of something he applied to me about, I went with the prisoner to Mr. Pullen's office in December last—the prisoner asked me if I had any bills to discount—I gave him a copy of one for 300l. which I had from Mr. Pullen, and I made an engagement to meet him at 4 o'clock at the Temple—he was there—I asked him what he had
done about it—he told, me he would not tell me without my principal being there—we went to Mr. Pullen's office—the prisoner had the whole talk—he said he might get the bill discounted—he never had the bill in his possession but a copy of it—that transaction went off—the prisoner was never my agent—I had a very slight acquaintance with him—I never authorized him to obtain, as my agent, a bill for 150l. from Mr. Pullen, on 23d December—I knew nothing about it.
Cross-examined. Q. Did you tell Mr. Pullen that you had only a slight acquaintance with the prisoner; was he aware of that fact? A. Perfectly, I believe—I have no memorandum of when I saw Mr. Pullen—after 23d December I called on him; I can't say exactly the day, but I should say either on 1st or 2d January—I might have called before, but I can't take on myself to say—I think it was before then, because I remember I had to call again early in January, on the Monday—I think I called on him on the Saturday, the day after Christmas-day—I am quite confident it was 26th December—Mr. Pullen did not tell me on that occasion that he had entrusted Bayfield with a bill of exchange for 150l. nor did he say anything about Bayfield having represented himself as my agent—it was from 1 to 3 o'clock on the 26th December that I saw him—I saw Mr. Pullen again about a week afterwards—that was a month before Bayfield was taken into custody—I called on Mr. Pullen to make inquiries whether he had any bills for discount—he never said anything to me on any occasion about having entrusted Bayfield with a 150l. bill, or about his having stated he was my agent—I heard nothing of that before 6th January—I had a letter dated 6th January—I have not got that letter in my pocket, but I can produce it—I received it from Mr. Pullen, and I called on him at his chambers in consequence—about two hours afterwards I gave the prisoner into custody, on 30th or 31st January, or 1st February, I am not sure which—I think I called twice on Mr. Pullen previous to the receipt of the letter—I do not think he told me that he wanted a bill for 49l. odd, discounted for Mr. Moore—he did not tell me that he had entrusted Bayfield with a 49l. bill of Moore's—he said nothing at all about it—I know nothing about the prisoner receiving a warrant relating to some guano; from hearsay I do, but not of my own knowledge.
MR. BEST. Q. You say you had a letter from Mr. Pullen on 6th January and consequently attended at his office; was that the occasion when you received instructions to apprehend the prisoner? A. It was—I looked out for the prisoner for three weeks after that, and found him at the end of that time.
Cross-examined. Q. Did you hear the prisoner state that a Mr. Dilnutt had obtained the bill from him to get it discounted? A. I did not—I told him he was charged with obtaining a bill of exchange for 150l. by false pretences—Mr. Pullen was present—I did not hear him then state that Mr. Dilnutt had obtained the bill from him, having represented to him that he could get it discounted—I did not hear him say anything about Mr. Dilnutt having received the bill from him. Witness for the Defence.
ALEXANDER CLARK LEVING . I am a discount broker, and carry on business at 9, Fenchurch-street—I have received a bill of exchange for 150l. drawn by Mr. Vizitelli on Mr. Pitcher—it is the same bill which is the subject matter of this inquiry—I received it from Mr. Dilnutt—I have known Mr.
Dilnutt for some years—I believed him to be a respectable person—he calls himself a manure merchant I believe—I don't know that be is a commercial traveller—he is in the manure trade—I did not know him in any other capacity—I gave him 200 bags of guano for the bill—I received it in the way of business—Mr. Dilnutt received from me a warrant, No. 883, for 200 bags of guano in satisfaction of that bill, and he guaranteed to meet it at maturity—Mr. Brown a bill broker now holds it—I believe the guano was worth about 7l. a ton—it was not Peruvian guano—there were about fifteen or seventeen tons—besides the guano I gave a cheque for 5l. 15s.—I did not see the prisoner at all during the negotiation of this matter.
Cross-examined by MR. BEST. Q. Do you know the prisoner at all? A. No, I do not.
GUILTY .— Confined Nine Months.
MR. CRAUFURD. conducted the Prosecution.
SARAH TYRRELL . My husband keeps a chandler's shop at Sand's-end, Fulham—on 25th February I was serving in the shop when the prisoner came in and asked for some bread, bacon, and half an ounce of tobacco, which came to 7 1/2d.—I served him—he gave me a half-crown—I gave him change and he was about to leave when I saw the half-crown was bad, and called my husband who was in the parlour—the prisoner had then gone out of the shop—I gave my husband the half-crown and called the prisoner back—we told him it was a bad half-crown—he said so he had been told over the road, but he took it, and we had a right to have it as he had it—my husband sent for a policeman, and while he was gone the prisoner put the change and the goods on the counter—when he came back with the policeman the prisoner said he would have the bacon and he gave my husband a shilling and that was a bad one—we told him so, and he said he thought we were having a game with him—he was given into custody and the two coins handed to the policeman.
JONATHAN TYRRELL . I have heard what my wife has stated—it is correct, but the prisoner had more conversation with me—I heard my wife say, "This is surely a bad half-crown," and I came out of the parlour, took the half-crown in my hand, and she went out and fetched the prisoner—I asked him if he knew it was bad—he said, well, the person over the road told him it was bad and he paid them with a sixpence, but he could not see why I should not take it as well as him—I said it would be very bad for him to take the goods and the money too, and I asked him if he was going to pay for the goods with good money, or give them to us back with the change—he said he should not, and I went for a policeman—when he came in the prisoner gave the things back—he seemed to be a hard-working man, and I was inclined to forgive him—my wife said: "Let us take the tobacco back and he can pay for the bacon"—he then gave me a bad shilling—I said "This seems to me to be a great deal worse than the half-crown"—he said: "You are having a regular game with me"—he passed that in the policeman's presence, and I said he must be given into custody, and he was taken away—going to the station he threw something away but I could not find what it was—I found a piece of rag but could not find anything else, the mud was so deep—I heard something fall; that drew my attention to it—the road man scraped the road the next morning and found a penny-piece—that was all they could find there.
pint of beer—he gave me a half-crown—I picked it up and said "This is a bad one"—he said "No, it is not; I changed a half-sovereign this morning, and I don't think it is bad"—I made a little scratch on the half-crown and gave it him back—the date of it was 1846—this is it (produced)—he gave me a good sixpence, had his beer, and left.
WILLIAM BAKER . (Policeman, V 297). I took the prisoner in charge and received this bad half-crown and shilling from Mr. Tyrrell—as we were going to the station the prosecutor called out: "Baker, he has thrown something away"—I stopped him directly and I saw this piece of cloth fall—Tyrrell said: "I heard something fall," but it was such a dark place and so muddy that we could see nothing but the rag—it was eight o'clock in the evening.
Prisoner's Defence. I had been drinking, and I changed half a sovereign at Kingston, which I got for my work. I didn't know the money was bad. I took it for good, and worked hard for it.
NOT GUILTY .
MR. CRAUFUR. conducted the Prosecution.
ONESEPHORUS BALCH . I am a mason—on 27th February, between 8 and 9 in the evening, I was in the Queen's-road, Chelsea, looking in at a pie-shop window—the prisoner came upland said: "Go and get me a penny pie and one for yourself"—he put a half-crown into my hand—I went into the shop and asked the pieman to try the half-crown before I asked for the pies—Mr. Selwyn and a young woman were in the shop—I handed the half-crown to the young woman—the prisoner was outside at the time looking in at the window—the young woman gave the half-crown to Mr. Selwyn and he put it in the detector—I then saw the prisoner run away—Mr. Selwyn ran after him.
Prisoner. Q. Are you sure I am the person that gave you the half-crown? A. Yes.
JOHN SELWYN . I keep a pie-shop—Balch came in and gave a half-crown to Mary Ann Richards who serves in the shop—she handed it to me—I put it in the detector and bent it—it was bad—I saw the prisoner looking in at the window at the time—I watched him—as soon as he saw me put it in the detector he ran away—I followed him into the Prince Arthur's beer shop and gave him into custody—I heard the policeman tell him he was charged with passing bad money, and I heard something drop down the area just outside the beer shop—the prisoner was then on the area—it appeared to drop from his hand—I gave the half-crown to the constable at the station.
WILLIAM TAYLOR . (Policeman, B 200). I was fetched by Mr. Selwyn to the beer shop, and the prisoner was pointed out to me—I called him outside and told him he was charged with trying to pass a bad half-crown—I heard something fall—it sounded like a piece of coin—that was outside the beer shop—he was standing over the area grating—it was dark—there was only the light from the window—I could not see where it went to—it dropped from the prisoner's right hand—I took him to the station and sent another constable to search for the coin—on the way to the station the prisoner made his escape from me—he was stopped by another constable who assisted me with him to the station—I searched him and found on him one shilling; three sixpences, and 3 1/2d. in copper.
Prisoners Defence. I know nothing at all about it.
GUILTY .— Confined Nine Months.
MR. CRAUFURD. conducted the Prosecution.
JANE SMART . I am shopwoman to Francis Robinson, a cheesemonger, of Hinton-street, Pimlico—on 3d March, between 7 and 8 in the evening, the prisoner came and asked for half an ounce of tea which came to 1 1/2d.—she put down a shilling in payment—I put it in the till—I noticed that it was a bright-looking shilling—I gave her the tea and the change and she left—Mr. Robinson came in about half an hour afterwards—he looked at the till and called my attention to a shilling and said it was bad—it was a bright-looking shilling—there were other shillings in the till but no other bright one—they were quite old looking coins—I had not taken any shilling after the prisoner left before Mr. Robinson came in—I was the only person serving—next evening the prisoner came in again about the same time—I recognised her—she asked for a quarter of a pound of butter and gave me half a crown in payment—I tried it in the detector and found it was bad—I gave it to Mr. Robinson—he was not in the shop, he came out of the room.
Prisoner. I was not in the shop on the Thursday. Witness. She was, I recognised her and that made me try the coin.
FRANCIS ROBINSON . On Thursday evening, 3d March, I went to my till and found a bad shilling—it was a very bright-looking one—next evening, as I was in the parlour, Smart handed me a half-crown—I came into the shop and asked the prisoner if she had brought that half-crown—she said "Yes"—I said I thought it my duty to have her locked up—she said she was a respectable, hard-working woman, and lived at 6, Warwick-street—I said, "Well, I should be sorry to lock you up if I find you respectable; I will go with you to 6, Warwick-street"—when we got to Warwick-street she crossed over to Denbigh-street—I said "That is not the way"—she said, "I shall go this way"—I saw, a constable and gave her into custody and handed the half-crown and shilling to him—she then gave her address as 6, Regent-street, and when asked again, she said, "Find out."
EDWARD ELLIS . (Policeman, B 78). I took the prisoner into custody from Mr. Robinson, and produce the half-crown and shilling—she gave her address as 6, Regent-street—at the station she said she had no home—nothing was found on her.
Prisoner's Defence. I was not aware that the half-crown was bad.
GUILTY .— Confined Six Months.
MR. CRAUFURD. conducted the Prosecution.
WILLIAM JOHNSON . My uncle keeps the Stag public-house, Dorset-square, Marylebone—I serve in the house—on Friday evening, 4th March, the prisoner came and asked for half a pint of porter, and gave me half a crown in payment—I put it in the till; there was no other there—I gave him 2s. 5d. change—he drank his beer, and left—my uncle came in about five minutes afterwards—he went to the till, and pointed out the half-crown to me there—he found it was bad—it was the same I bad received from the prisoner—on Tuesday evening, about four days afterwards, the prisoner came again, and asked for a glass of sixpenny ale—I knew him again—he gave me a florin—I gave it to my uncle, who was standing near me, and he spoke to the prisoner.
Prisoner. It is quite wrong. I never had a glass of porter in that house.
Witness. I knew him previously; he had come in three days before.
GEORGE RADDITT . I am the landlord of the house—on Friday evening, 4th March, when I came in, I went to the till and found the bad half-crown—I broke it up and threw it in the fire—it melted directly—on the Tuesday, my nephew called my attention, and handed me a florin—I asked the prisoner where he got it—he said he swept a crossing in the Marylebone-road, and it was given to him by some person there; if I did not like it I could give it him back, and he would pay a penny for the ale—I said, No; he had been there on the previous Friday and passed a bad half-crown—he said he had not been in the house before—I sent for a constable, and gave him into custody.
GUILTY .— Confined Eight Months.
The following Prisoners PLEADED GUILTY.
375. RICHARD MITCHELL to unlawfully publishing a libel of and concerning John Birch Platts.— [Pleaded guilty: see original trial image.] To enter into his own recognizances to appear and receive Judgment when called upon.
376. CHARLES PITE (22) , to embezzling the sums of 27l. 5s., 18l. 16s. 11d., and 31l. 4s. 9d.; also, 38l. 0s. 5d., the moneys of Noel Whiting, his master.— He received a good character, and was recommended to mercy by the Prosecutor. [Pleaded guilty: see original trial image.]— Confined Eighteen Months.
377. ROBERT PARKER (42) , to embezzling 3l. 2s. and 1l. 1s., the moneys of Hugh Jones, his master; also, to stealing 5 neckties, 1 skirt, 36 yards of velvet trimming, 58 pieces of ribbon, and other goods, the property of his said master.— [Pleaded guilty: see original trial image.] Five Years' Penal Servitude.
378. WILLIAM MARTIN (21) , to stealing 50 yards of poplin, value 30l., the property of Aaron Ashford, his master,— Recommended to mercy by the Prosecutor.[Pleaded guilty: see original trial image.]— Confined Eighteen Months.
379. THOMAS OFFORD (21) , to embezzling 7l. 17s. 9d, 4l. 19s. 9d, and 7l. 16s. 2d., the moneys of Julius Baruch Holle.— Recommended to mercy by the Prosecutor.[Pleaded guilty: see original trial image.]- Confined Twelve Months.
380. ARTHUR JOHN COOKE (18) , to feloniously forging and uttering a request for the delivery of goods, having been before convicted of felony. (It appeared that the present charge was made previous to the conviction charged, and had been brought to the attention of the COURT. before his sentence.)— [Pleaded guilty: see original trial image.] Confined One Day.
NEW COURT, Monday, April 11th, 1864.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD. and COLERIDGE. conducted the Prosecution.
ELIZABETH GROOM . I serve at the Kingsland Bazaar—it is a private bazaar, like a shop—Elizabeth Tansley and Jane Luke are assistants there—in the first week in February, I saw the prisoner there—he asked for three
shillings' worth of postage stamps—he gave me a florin, a fourpenny-piece, a sixpence, and a threepenny-piece—I gave him a penny change and the stamps, and he left the shop—I gave the money to Jane Luke, the cashier, who was at the desk—she told me that the florin was bad, and gave it back to me—it was afterwards thrown away with some rubbish, I think—it was bent before that; it bent easily—I next saw the prisoner about a fortnight afterwards, on 16th February—I did not serve him then; I recognised him when he came in—he got some stamps from Miss Tansley.
Prisoner. Q. How can you swear that I was the person who came in and gave you the two-shilling piece? A. Because I knew you, and you appeared very deaf each time.
ELIZABETH TANSLEY . I assist at this bazaar—I saw the prisoner come in on the first occasion—he was served by Groom—about a fortnight after that he came in again—I knew him again, and went up purposely to serve him—he asked me for four shillings' worth of postage stamps—I said to Miss Groom, "This is the man who passed the two-shilling piece before"—he gave me a two-shilling piece and four sixpences—I took the money and held the stamps in my hand—I then asked him if he had not been there a fortnight before for three shillings' worth of stamps—he put his hand up to his ear, and said, "What?"—I then repeated the question louder, and he said, "No"—I passed the florin to Miss Luke, who was at the desk, and said, "Try that; I think it is a bad one"—the prisoner stood there, but did not make any observation—Miss Luke left her desk to go to a detector to try the money—the prisoner could see her, and he went quickly out of the shop, leaving the four sixpences and the stamps with me—I went to the door, but could see nothing of him.
JANE LUKE . I am cashier at this Bazaar—I remember the prisoner coming on both occasions, though I did not see him on the first occasion—Groom handed me a florin and some other small coin—the florin was bad—it bent very easily; it was very soft—it was afterwards destroyed—I saw the prisoner the second time, and saw what passed—what Miss Tansley has stated is correct—the detector is kept behind the counter in an old till, at the other end of the shop—the prisoner could see me get out of the desk and go round; he could guess what I was going to do—as I turned back, I saw him go out of the door very quickly indeed—this is the florin (produced)—Miss Tansley gave it to me—I broke it in two pieces, and afterwards gave it to the policeman—I have no doubt the prisoner is the man.
JOB PALMER . I keep the Earl Amherst, in the Amherst-road, Hackney—on 12th or 13th February, between 6 and 7 in the evening, just about dusk, the prisoner came for a glass of sixpenny ale—I served him—he gave me a shilling—I tried it between my finger and thumb, and it bent—I told him it was bad—he said, "Ay?" and he then pulled out a leather purse, and gave me a good one—I gave him the bad one back, and he then called for a screw of tobacco, and lit his pipe—after he drank his ale, he went away—I called some one to mind the bar and endeavoured to follow him, but could not see anything of him—I am quite certain he is the man.
JOHN GARDNER . (Policeman, N 498). In consequence of information, I watched the prisoner's house, 1, Hillfield-cottages, Homerton, on 12th March, from half-past 7 in the morning till 11—I then saw him come into the house, afterwards pack up some furniture, which he put into a cart, and go away with it—about five minutes previous to his going away, I saw a little girl, who I believe to be his daughter—she went in a different direction—I
followed the prisoner to the Black Boy public-house, Wells-street, Hackney—he went in, and stayed there about three or four minutes—he then came outside, and after looking round as if he was looking for somebody, he went on again—I stayed there two or three minutes, and then the same girl, who had come from his house, came up and looked about, evidently as if she was looking for somebody—I spoke to her; and from what I said, she gave me this bag (produced), containing five half-crowns, two florins, and thirty shillings, all counterfeit—she came from the direction that would lead from the house she had first started from—she did not come along the same street as the prisoner, but another street, which would take her to the same spot—I then went after the prisoner, overtook him, and told him I wanted him for having counterfeit coin in his possession—I was in plain clothes—I told him I was a constable—he heard me very plainly then—he was not deaf at that time—he said, "You have made a mistake this time"—I said, "Your name is Beale, is it not?"—he said, "What the b—h—is that to do with you?"—I took him to the station—he refused to give any information about himself—he was a little deaf at the station, but he heard what passed—he said he knew nothing about the bag—I left him at the station and went with another constable and searched his house—I found 12s. 6d. in good silver on him.
Prisoner. Q. Why did you not take the little girl into custody? A. Because, from information I had received, I believed that she knew nothing about what the bag contained.
Prisoner. My wife got this money into my possession to get me sent away. A week or two before this, she put two bad shillings in my purse to get me sent away.
RICHARD CLARK . (Policeman, N 223). I went with the last witness to watch the prisoner's house—I saw a woman and the little girl at the house—I saw the little girl before that at the Black Boy public-house, where the prisoner went in—I afterwards searched his house, and in the coal-cellar, underneath the staircase, I found a little hole had been cut out of the wood and into the wall, and the wood placed in again—on placing my fingers in there, I pulled out four packets; three of them contained ten counterfeit florins, all wrapped up separately in paper; the other packet contained ten bad shillings—they are all here (produced)—I went back to the station after that, saw the prisoner, and told him I had found thirty florins and ten shillings counterfeit, and told him where I had found them—he said he knew nothing about them—I had seen him about Homerton about three times before this, I believe.
JANE SCHOLES . I live at 1, Hillfield-cottages—they belong to my nephew—I have the letting of them—I let No. 2 to the prisoner a little while after Christmas; I don't know the day of the month—we received three months' rent, 4s. 6d. every week—he paid a deposit on the house when he took it, and then paid the rent weekly—the rent was sent by the prisoner's daughter, the little girl upon whom the bag was found—his wife kept the book—he gave the name of Thomas Neale.
Prisoner. My son took the house, and my wife paid the deposit.
MR. CRAUFURD. Q. Have you had any communication with the prisoner's wife? A. Only "Good morning," and passing compliments.
WILLIAM WEBSTER . This broken florin is a bad one—the two florins taken out of the bag are bad, and from the same mould as the broken one—these three packets of florins are all bad, and the shillings also.
Prisoner's Defence. I never uttered anything. I did not know what was
in the bag. My wife, conveys these things into my place, she told me long ago she would do it. I know nothing of them. Three weeks ago, she pat two bad shillings in my portmonnaie, and I went to a public-house and was going to pay for some drink, and found them. She has been living with another man, and wants to get rid of me.
GUILTY .—He was further charged with having been before convicted.
SIMON RALPH .(Policeman, K 244). I produce a certificate of the prisoner's conviction—I was present when he was tried at this Court—(Read: "Thomas Matthews convicted, October, 1861, of uttering counterfeit coin.—Imprisoned Eighteen Months. ")—I was present—the prisoner is the man.
GUILTY.*— Eight Years' Penal Servitude.
MESSRS. CRAUFURD. and COLERIDG. conducted the Prosecution.
JAMES BRANNAN . I am employed by the Mint to look after bad money—about half-past 11 on the morning of 26th March, I was watching in Dean-street, Westminster—I saw the two prisoners there; I knew them before—they came towards Parliament-street from Dean-street, across the Broad Sanctuary to King-street—I was not in King-street; I would rather decline saying where I was—I ran round Parliament-street and procured the assistance of McKay, who was on duty in that neighbourhood—at the corner of King-street and Downing-street we met the prisoners—Hines was carrying this black bag and Benson was walking close to her, apparently in close conversation—I had seen them before they came into that neighbourhood; I had not seen them together before that day—I endeavoured to take the bag from Hines; she resisted me—before that I said, "My name is Brannan," and that I was employed by the solicitor to the Mint to look after such as them, as extensive dealers in counterfeit coin—we pushed them into Downing-street, and I succeeded in taking the bag from Hines—I opened it, and found two paper packets; one contained ten half-crowns, and the other, six florins, separately wrapped up in paper, all counterfeit—there were also two half-crowns in the bag loose, one good and the other bad, also a 6d., and threepence in copper—McKay took Benson in custody, and we took them to the station—when there Hines put her hand into her dress pocket—I seized it; in doing so the pocket turned inside out, and from it dropped soother counterfeit half-crown—when the prisoners were in custody at the police-court, on Saturday, 20th March, Benson called me inside the prisoner's room and said, "Mr. Brannan, if I get over this I shall never touch one of these things again; I can't deny but she does these things"—I said, "Pray don't talk to me about the case, because what you say I shall have to repeat in evidence against you"—she said, "You found nothing on me; I am not a happy woman"—when I first saw them they were coming from a public-house—I would rather not say which.
Cross-examined by MR. SHARP.(for Benson).Q. Did you find any bad money on Benson? A. No—I believe she is married, and receiving a remittance—when she said she was an unhappy woman she did not mean that she was an "unfortunate woman;" you may construe it in that way if you like.
Hines. Nothing of that sort occurred; no statement was made—Benson never spoke a word to him in the Court—what was said was said going from Bow-street to King-street, in the cab.
on this morning, and Mr. Brannan asked me to come and assist him—I took charge of Benson—we took them into Downing street, and Brannan looked into the bag—he has given a correct account of it—we took them to the station—no bad money was found on Benson; she had one shilling and two-pence in coppers, good money—I was close by when she spoke to Brannan but I did not hear what passed; they were speaking very low—I had not seen the prisoners before that day.
The COURT. considered that there was not sufficient evidence against Benson, to go to the Jury.—
NOT GUILTY .
HINES.— GUILTY .
The evidence given in the last case was read over to the witnesses, to which they assented.—
The prisoner was further charged with having been convicted, in November, 1862, of a like offence, and imprisoned nine months; to which she
PLEADED GUILTY.— Seven Years' Penal Servitude.
MR. COLERIDGE. conducted the Prosecution.
ROBERT DAVIS . I keep a fishmonger's shop in Stanhope-street, Clare Market—on Friday, 11th March, the prisoner came in for a halfpennyworth of stewed eels—she gave me a bad shilling—I told her it was bad—she said, "Is it? here is another one," and gave me a second bad one—I gave her in charge with the two shillings—I saw another shilling and some coppers in her hand when she gave me the two shillings.
Cross-examined by MR. PATER. Q. I understand you to say you asked her if she had another one? A. No, I did not ask her; I said that it was bad—she said, "Oh, is it?" and gave me a second—in answer to her question, "Is it?" I said, "Have you another?"—it was after I put that question to her that she tendered the twopence.
ALFRED WINTER . (Policeman, 321, A). The prisoner was given into my custody with these two shillings—I told her the charge—she said that what she had got to say she would say to my superiors, and not to me—I did not search her, but she had a good shilling and four halfpence in her hand.
NOT GUILTY .
MR. COLERIDGE. conducted the Prosecution.
JANE HUDSON . I am the wife of James Hudson, who keeps a public-house in Little Newport-street—on 12th March, about half-past 12 in the day, the prisoners came in; Wilson called for a pint of porter—they drank it and went away together—Wilson, I think, paid for if with twopence—they came back again in half or three quarters of an hour for another pint of porter—Wilson, I think, paid for it with a shilling, which I put into the till and gave him tenpence change—there was no other shilling there—they returned in half or three-quarters of an hour, and Wilson said to Montgomery, "You had better have some brandy, as the beer made you feel strange—Montgomery gave me a shilling, which I put in the till, where there was no other shilling—shortly after they left a woman came in and I took the two shillings out of the till—I found they were bad—the woman told me something,
and I put them on the back of the counter, and they were in my sight till I gave them to the police—the prisoner came back at a quarter-part 5, and Wilson called for a quartern of gin—he gave me a shilling—I put it in my month, and it was bent—I said, "This is the third bad shilling you have given me to-day"—Wilson said, "I will soon fetch a policeman," and they both went out—I gave Montgomery in charge a quarter of an hour afterwards with the three shillings which I marked.
Cross-examined by MR. PALMER. Q. Is there a market near you? A. Our's is the market house, but there is very little business indeed—we keep no barman, potman, or waiter—no one served in the bar besides myself that morning—I have heard that Montgomery lives almost opposite me, but did not know it then—I believe they were a little the worse for liquor—two women were in the shop when Montgomery called for the brandy—the woman tendered me a shilling for some gin directly the prisoner left—Montgomery's shilling was given five or six minutes before that—when I put the woman's shilling in the till I took the others out, and looking at the three, I said, "I have taken two bad shillings"—I did not take other bad money that day—two men did not call in the afternoon in shiny ooats—I do not know Montgomery at all—the third man did not go away, and was not looked up; he came in with them—the policeman brought Montgomery back, and I said "That is one of them"—I have expressed a desire not to prosecute him as I feared he was made a dupe of the others—nobody urged me to prosecute him—Montgomery had a benefit at our house—my husband did not contribute; he gave the room for the meeting—the third man is not here; I saw him outside the Court today.
Cross-examined by MR. SHARP. (for Wilson). Q. What day of the month was this? A. 12th March, I think—I know that my niece was not serving that day, because she offended me, and I told her she should not go in the bar—we have very little custom in the middle of the day; it was ten minutes past 11 when the shutters were taken down—I think four persons came into my house from that time up to when the prisoners came; three or. four, not six—I can remember what they all had—the two women I spoke of must have been there about half-past 3; it was while they were there that I found the money was bad—one person came in nine times to the house, and had a great deal of drink, but did not pay for it; she was a servant from a house, and she had credit—the two women bad half a quartern of gin, and gave me a shilling—I did not put that in the till—Wilson was not in a state of intoxication when he came in, that I saw—I did not think he was the worse for liquor—I said before that he had had a little to drink, but could walk straight and speak sensibly—I next saw Wilson on Easter Monday, sixteen days afterwards—I had seen him once before, on the 12th, on the Thursday morning, three days before, and when I saw him on 28th I recognised him—I said to him, "I have got some porter now; I had none the other night when you were here"—I had never seen the prisoners together before.
MR. COLERIDGE. Q. Where is Newport-street? A. On a line with Lisle-street, Leicester-square—Wilson was taken at the White Hart public-house, Earl-street, Finsbury-market—I saw him taken—I emptied my till the night before—I have no doubt whatever about Montgomery being the man who came in—on the last occasion both the prisoners went ont, leaving what they had had, and the money as well.
MR. PALMER. Q. Did not Montgomery stay a little after the other man had gone away? A. Yes, about a minute.
CHARLES DENHAM LANGHAM . (Policeman, C 108). On Saturday, 12th March, in consequence of information I received, I took Montgomery at the White Bear public-house, corner of Bear-street and Castle-street, Leicester-square, at half-past 6 in the evening—he was a little the worse for drink—I told him that he was charged with being concerned, with another, in passing bad money at the Crown and Grapes, Little Newport-street, New-port-market—he said, "You have made a mistake, I was not there"—I took him back there, and the last witness identified him—I received three shillings (produced)—I searched Montgomery, and found sevenpence in copper—on Monday, 28th March, I took Wilson at the White Hart, Finsbury-market—I said to him, "Is your name Gleeson?"—he said, "No, my name is not Gleeson, you have the advantage of me"—I said, "l am a police-constable, and I take you into custody for passing, with another man, some counterfeit shillings at the Crown and Grapes, Little Newport-street"—he is well known by the name of Gleeson round about there, and Wilson also.
Cross-examined by MR. PALMER. Q. How far is the White Bear from the Crown and Grapes? A. A few hundred yards, close by; you go through several turnings to arrive at it—I have seen Montgomery, but I don't know him—I inquired about his character in the neighbourhood where he resides—I have heard that he is a respectable and hard-working man, but rather addicted to drink—he was having a share of a quartern of rum with another man when I took him—I asked the landlord what had been paid for it; it was paid for with a good sixpence—he made no resistance; he walked back with me to the place—we left the third man in the Crown and Grapes; he came with us from the White Bear—he was not charged—the landlady of the Crown and Grapes said Montgomery was the man, when we went back—she said before the Magistrate that she thought he had been made a dupe of—he was remanded till the 17th—Wilson was taken about three miles from the Crown and Grapes.
MR. COLERIDGE. Q. Were you in uniform when you took them? A. No, in plain clothes—I told them I was a constable.
Wilson's statement before the Magistrate;—"I only went into the public-house twice; the second time I borrowed a shilling of a shopmate. I had some porter, and gave her the shilling, and she gave me in charge. "
Montgomery received a good character.
Confined Nine Months' each.
The following prisoners PLEADED GUILTY. to like offences:—
389. MARY BARRAD (40).— [For unlawfully having counterfeit coin in her possession, with intent to utter it: see original trial image.] [Pleaded guilty: see original trial image.] Confined Nine Months.
390. JOSEPH LEWER (22).— [For unlawfully having counterfeit coin in her possession, with intent to utter it: see original trial image.] [Pleaded guilty: see original trial image.] Confined Nine Months. And,
OLD COURT.—Tuesday, April 12th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. KEMP. conducted the Prosecution.
—he had been there six or seven weeks—he was under servant to me—on the evening of 10th March I saw the prisoner Smith at the bar, when I came down—I watched both the prisoners—I had noticed that Smith always pot the money into Cust's hand when he served him, and that he threw it down on the counter to everybody else—Smith called for two pennyworth of gin and warm water, and he threw down a sixpence, which I saw distinctly—Cost took it up, went to the till, and took out the change and put it into Smith's hand, which I seized directly—after a struggle between us, I succeeded in opening his hand, and I there found a half-crown, a florin, a six-pence, and fourpence in coppers—Smith then said he gave Gust a five shilling piece—I directed Gust to search the till, but he could not And one—I also looked in the till myself, but could not see one—I called Mr. Gouldstone's attention to it, and stated the case to him before the prisoners—I had seen Smith in there before on several occasions, but not talking to Gust.
WILLIAM GOULDSTONE . I am a publican in Fore-street—Cust was in my service about seven weeks; his wages were 20l. a year, board, and lodging—he told me he had no money when he came, and asked me to pay for his washing, which I did—I saw him searched, 3l. 10s. in gold, and 10s. in silver was found on him—I had advanced him 10s. about three weeks before so that he should not be bothering me every time for a shilling for his washing—this brandy bottle (produced) is my property.
Cross-examined by MR. MONTAGUE WILLIAMS. (for Smith). Q. You do a large trade, I suppose? A. Yes; a good many of these kind of bottles go out of my place—if a customer comes we give the bottle with the brandy.
MR. KEMP. Q. Did you ever sell the prisoner Smith a bottle of brandy? A. No.
WILLIAM SHAW . (City-policeman, 40). I took the prisoners into custody, and searched them; I found on Gust 3l. 10s. in gold, and 10s. in silver, the gold was in a portmonnaie, and the silver was loose in his pocket; on Smith I found 6l. in gold, 5s. in silver, and ninepence in coppers—I did not find a crown piece on Gust—Smith gave me his address; I went there and found this bottle of brandy—on the way to the station Gust told me that he made a mistake in giving Smith a half-crown; he meant to have given him two two-shilling pieces and a sixpence. Smith received a good character.
GUILTY. of receiving. — Five Years' Penal Servitude.
CUST— GUILTY .— Five Years' Penal Servitude.
MR. NICHOLSON. conducted the Prosecution.
JAMES SHAMBROOK . I reside at Kingsbridge-place, Millwall—about half-past 4 on the afternoon of Saturday, 19th March, I was walking along Emmett's street—I had a piece of pork in my hand—Curley came up to me and found fault with the way I was carrying the pork, and told me to put it on my arm, and he moved it himself—he came close to me, and I saw him fumbling about my watch pocket, and I then saw my watch in one of his hands and the chain in the other, hanging down—I caught hold of him, we had a struggle, and we fell—as near as I can recollect, being rather excited with a fall or two, Gurley got away from me—I ran after him and saw him go down Bowley-street—I called out, "Stop thief!" as loud as I could, and I never lost sight of him till the witness Hanmore passed me and caught him—whilst struggling with Gurley I received a blow on the side of the head
from some one—I have no idea who it was—I saw my watch chain hanging down.
Curley. Q. Were you not drunk? A. Not so drunk but I knew what I was doing—I was a little excited—I don't remember you telling me to take care of the pork and get home.
COURT. Q. When had you seen your watch last? A. When I left home at 2 o'clock in the afternoon—I went to Stepney station and came back through Limehouse, and bought a piece of pork—I had been to a public-house; I did not notice the name of it, it was in Limehouse, in the market-street—I only went into that one—I had a glass of ale there, that was all—that did not make me excited—I had something to drink before that—we left work at 10 o'clock, and I went to the Ironmonger's Arms, Mill wall—I might have had three or four glasses there—I was excited when I left home—I did not notice whether there were many people about at the time Curley took my watch—I don't think there were—I was walking along very quietly.
SAMUEL HILL . I live at 15, Emmett's-street, Poplar—on the afternoon of Saturday; 19th March, I was standing at my door—I saw the two prisoners and another man about 2 o'clock loitering about there—about half-past 4 Curley came up to the prosecutor, just by my door and said, "You are not so drunk as you appear to be," or something like that, and he took a piece of pork, which the prosecutor had, and placed it under his arm again; at the same time I saw him feeling about the prosecutor's waistcoat pockets—he then took the prosecutor, placed him against the wall, put his hand into his pocket, took his watch out, and wrenched it off the ring—he made an attempt to run away, but the prosecutor caught hold of him, and they both fell down—Curley got up first, struck the prosecutor, and ran away—while he was running I saw him pass the watch to another man, not in custody—Curley ran down Bowley-street, and the one who had the watch ran up Trecoal-street—I ran after Curley and saw him caught by another witness—about a minute or two, or less than that, afterwards the prisoner McGinnis came up and tried to get Curley away—he tried to struggle with the party who was holding him, and made an attempt to strike him, but was stopped—as soon as the policeman came up he went away; he was out of sight in a very short time—he wanted the witness to let Curley go and come out and fight him.
Cross-examined by MR. RIBTON. (for McGinnis). Q. Was not that some distance from where the watch was stolen? A. No; not very far—as near as possible 200 feet—I know the length of the street—it was round the corner out of sight.
THOMAS HANMORE . I live in Tower-street—I was in Emmett's-street about 4 o'clock on 19th March, and saw Curley struggling with the prosecutor, and I saw a chain of a watch in Curley's hand—I saw him strike the prosecutor on his wrist, and run away—I ran after him and caught him in Bowley-street—he attempted to strike and kick me several times and wanted me to let him go—I held him till a constable came—McGinnis also came up and wanted me to let him go, and tried to kick me, and wanted me to fight him—he did not kick me.
Curley, Q. Did I kick you? A. Yes; several times—I have got no marks.
EDWARD HANMORE . I live in Robert-street, Millwall—I was with my brother, the last witness, in Emmett's-street, and saw Curley and the prosecutor struggling in the road—I then saw Curley pass something to another
man and run away—I ran after him and my brother caught him—McGinnis came up and said, "Let him go; come out and fight me," or words to that effect—I did not see him strike any one.
JOHN'KNOWLES.(Policeman, K 138). The prisoner Curley was given into my charge on 19th March for robbing the prosecutor of his watch—I told him the charge, and he said, "It is a very bad job"—this is the guard (produced) which was round the prosecutor's neck—the watch was wrenched from the guard.
Curley. Q. Was not the prosecutor very drunk? A. No; I passed him twenty yards from where the robbery occurred, and he wished me to go and have something to drink, and I refused—I saw he was in drink, and I saw his watch then—I said, "You had better go home, here comes the bus"—he was not so drunk but what he could go home—he had a loin of pork on his arm.
CHARLES ABBOTT . (Policeman, K 322). I took McGinnis into custody on 21st March—I told him the charge against him was for being concerned with another person in custody in highway robbery—he said he knew nothing about it—when he saw the prosecutor he said to him, "Oh, I know you"—at the station he said he only tried to get the man away.
THOMAS HANMORE . (re-examined) I saw Curley and the other man not in custody both run away—I saw Curley pass something to the other man and he ran up a street—I saw McGinnis in Bowley-street—I did not see him at the time of the struggle about the watch—I should have seen him if he had been there.
Curley's Defence. I am guilty of the robbery-of the watch,-but I am not guilty of any violence. As for this man (McGinnis), I never saw him before. I do not know him. The watch was hanging out of the prosecutor's pocket it would have tempted me, or any other man. I was out of work and—hard up.
The Court considered that there was not sufficient evidence against McGinnis.—
NOT GUILTY .
CURLEY.— GUILTY .—He was further charged with having been before convicted of felony, at the Thames Police-court, on 20th March, 1863, sentenced to Five Months; to which he
**† Seven Years' Penal Servitude.
MR. F. H. LEWIS. conducted the Prosecution.
AUGUSTA WRIGHT . I am the wife of the prosecutor, who is an attorney residing in Bloomsbury-square—on the evening of 24th March, between 9 and 10 I was leaving my dining room, and I saw the prisoner going up the stairs—I said nothing to him then—as soon as he saw me he returned and rent into the clerk's office—I then asked what he wanted—he said he came to see the servant—I called my husband, and he came into the hall—I then said, "This man says he has come to see the servant"—my husband told him to sit in the hall chair, and he did so; the servant was called up, and she said she did not know him—I asked him how he got into the house—he said he came in with the servant—I said, "That is not true, for I let her in myself"—I then observed that the clerk's room window had been pushed down to the farthest extent, and I said, "He is a thief; I shall send for a policeman," and I sent the cook for a policeman—when the servant came we called her Mary, because the last housemaid was Mary; her name is Amelia—when she came up, I said to her, "Do you know this man?"—she
said, "No"—he then said, "Oh yes, you do: you know me very well"—she said, "I never saw you before"—he then said, "Oh, Mary, you will get me into trouble"—my husband then took up the conversation, and I said nothing more—I had not been in the clerk's room for some time before—when I saw the room last one window was open and one closed; the window near the street door was closed—about half an hour after the prisoner had been taken away, I went into a little ante-room on the ground floor where there is a bed—I saw impressions of feet on the bed—I found a lucifer match which had been lighted, and a workbox which had been on a high shelf had been removed—it was a valueless box; it had not been used for a year or two.
Cross-examined by MR. PATER. Q. You had just come in as I understand? A. Yes; and I went into the dining-room first; both female servants were then in the house—we closed the door and sat down to supper; my husband and I—the servants were both in the kitchen, and I called Mary up and sent her for the beer—the cook has been in my service nine years; Mary had only been there a few days—I heard the prisoner say that he had spoken to Mary in the Oxford and Cambridge public-house; that is not far from where we live.
MR. LEWIS. Q. Who called up the servant when the prisoner was there? A. I did; I called her Mary—that was before he said, "Mary, you will get me into trouble"—I called my husband and the servant as quickly as possible together.
AMELIA COLLINS . I pass in my present situation in the name of Mary—I recollect this Thursday evening when I saw the prisoner—I had never spoken to him or seen him before—I gave him no invitation to come to Mr. Wright's house—I did not meet him in the public-house; there was not a creature there when I went in—it is not true that he came into the house with me.
Cross-examined. Q. What was the name of the public-house you went to? A. The Oxford and Cambridge—Mrs. Wright told me that She objected to followers.
NEWNHAM CHILDS WRIGHT . I examined the ground floor of my house after the prisoner was taken—it appeared to me that he got in at the window nearest the hall door; it is very near the hall door, you can reach it by standing on the scraper—I saw footmarks on the iron railings, on the windowsill, and on the window-frame—a man could step easily from the iron railings to the window, and could reach the sash easily.
Cross-examined. Q. Did not the prisoner say when the servant was called, "Oh, Mary, you will get me into trouble?"A. Not at first; after having a conversation with me he did—he addressed Mary when he said those words—I asked him, "When did you last see Mary?" and he said, "About a week ago"—I then replied, "She has not been a week in my employment"—I did not engage Mary—I came in with Mrs. Wright on this evening.
HECTOR MARTIN . I took the prisoner into custody at the prosecutor's house—when he got outside the house he began jumping and kicking, and he slipped my hold and ran away into Red Lion-yard, where I overtook him.
GUILTY .—He was further charged with having been before convicted at Westminster, in February, 1860, to which he
PLEADED GUILTY.— Ten Years' Penal Servitude.
MR. F. H. LEWIS. conducted the Prosecution.
ELIZABETH ASH . I am servant to Mr. Charles Bloxam, of Bedford-place, Russell-square—on Sunday-evening, 13th March, about half-past 7, I was coming out of the drawing-room with a candle in my hand, and saw the prisoner going up the stairs—directly he saw me he came back and shook hands with me, and asked how I did—I said I did not know him—he asked if I did not remember seeing him at the Casino the other night—I said no, I had never been to such a place in my life—he begged my pardon, and walked out of the house as fast as he could—I went into the dining-room and saw that the top sash was pulled down from the top to the bottom, as far as it would go—I had been in the dining-room about an hour before—the window had been open about a quarter of a yard from the top all the afternoon.
Cross-examined by MR. PATER. Q. Which window was this? A. The dining-room window nearest the front door—there are railings before the house—he must have got over the railings, and in at the window—I have two fellow-servants, but they were both in the kitchen at the time—I did not see the prisoner again till the 25th, when he was in custody—I have no hesitation about his identity—he was brought out by two policemen—nothing was taken from the house or removed.
NOT GUILTY .
MESSRS. SLEIGH. and POLAND. conducted the Prosecution.
THOMAS BATTY . I live at Attenby-fens, Lincolnshire—I assist my father, who is a farmer there—I know the defendant—he is a butcher—on 20th January I sold him a cow for 3l. 10s.—it remained on our farm until 25th January—I then drove it towards Pinchbeck by the defendant's request—I had to ferry it over a place, and on the other side it fell down—I then got a cart and took it to a slaughter house, near the "Horse and Jockey"—I there saw the defendant—the cow was delivered to him there—I saw him slaughter it and dress it—when he had dressed it he said he was going to send it to London—I did not see in what state it was—it was dark when I took it there—I did not authorize him to send it to London in my name—I said nothing to him about sending it to London—I always thought the cow to be in good health; she never ailed anything, only worn out with old age—I had had it about six weeks.
Cross-examined by MR. COLLINS. Q. You are not a butcher? A. No—I have not had any experience in cattle any further than seeing them—I have bought and sold very few, my father has—I bought this cow at Attenby, the same parish I live in—it stood me in 3l. 10s.—I drew a sovereign and the cow in exchange for two sheep—it was quite an old worn out cow—as far as I knew it was not diseased—she always ate and did very well while I had her—it appeared to be thin, as if fed poorly—I consider good food would have fattened it up—the prisoner told me he bought it for his father—I don't bow what his father is—I had only known the prisoner for a short time—he is a butcher—he deals principally in pork and mutton—I heard he had only been a butcher for a short time—I did not know that he was servant to a clergyman a few months before, or that he drove an omnibus—I live about six miles from him—I was to take the cow to the place where it was slaughtered, to meet him there, at the "Horse and Jockey," and if not to go on further, till I did meet him—I sent a boy named Lee, a servant of my fathers, with the cow—he is not here—I know that the cow met with an
accident on the way; as we were getting her over the ferry she fell on the bank—I thought it was through exhaustion—I was present—it was our ferry close to our premises—I fed the cow on oat cake every day, a little bit of hay, or anything of that description—I could not see that it was worth more when I sold it than when I bought it, about the same—after taking the cow to the defendant I went there again about an hour and a half afterwards—it was not slaughtered then—the defendant's father was not there; his cousin was—I don't know that the defendant complained of my not having delivered the cow in proper condition—I think it was as valuable after the accident as it was before—it fell on the bank—it was a steep bank—she fell apparently from weakness—I had no idea there was any disease—she was very poor and very old—the defendant made no complaint about the state it was in—he said he thought it would be the best way to slaughter her and send her to London—he-did not complain that I had not delivered her at the proper place—I thought when I sold her that she would have walked to his place—that is about six miles—the slaughter house where she was killed was not above half way—I told him if he considered the cow was not fit to send away when he saw it again I would return him half the value of it—I never saw the cow myself after it was slaughtered.
MR. SLEIGH. Q. The high feeding the cow had during the six weeks you had it did not seem to do it any good? A. It did not appear so—I was there when it was dressed, but it was dark then—there were candles there—I don't think I should like to have eaten any of it, on account of its being so thin.
JOHN HIND . I am a butcher at Pinchbeck, Lincolnshire—I know the defendant—he is a butcher—on the afternoon of 25th or 26th January he brought a cow to my slaughter-house in a cart—he asked me to let him slaughter it; I did so—I assisted him, and he and I dressed it—I helped to take the lungs out—they were heavy—the kidneys were left in it—the lungs had grown to the inside—the meat was not good—on its being dressed the prisoner talked about sending it away to London—I advised him not to do so—he took it away next morning—in my opinion it was not fit for human food.
Cross-examined. Q. It was not a fine fat cow? A. No, it was old—I had seen it before—I have known the prisoner about twelve months—I don't know what he was before he was a butcher.
MR. SLEIGH. Q. Had he helped you to slaughter beasts before? A. Yes.
GREENWOOD HOLT . I am a porter in the service of the Great Northern Railway Company at Spalding—I remember the prisoner coming to that station between 5 and 7 in the evening, with four quarters of beef—he borrowed a hamper, and I assisted to pack the meat in it—it seemed rather wet.
Cross-examined. Q. Did you know him before? A. Yes—about five years ago—he was then an agricultural labourer at Sutton-bridge—I think he went as a groom after that—I don't know how long he had been a butcher.
WILLIAM ELSOM . I am a clerk in the goods department of the Great Northern Railway station at Spalding—on 26th January the prisoner came to the office to make a consignment of meat—I was about to enter it in the book in his name, and he said it was not his meat, he had brought it for a friend of his named Batty—I then entered it in the name of Batty according to his instructions—he asked me if I had any of Jesse Lea's labels—I said, "No"—I wrote this label for the prisoner, "M. J. Lea and H. Multer from
F. Batty, paid, London, L. H."—L. H. means Leadenhall market—the prisoner placed that label on the hamper—it, went off that night—the carriage was not paid at the time—our head man afterwards received a communication from London about the carriage—I afterwards met the prisoner in the market, and asked him if Mr. Batty was in the town—he said, "I don't know; what do you want him for?"—I said,-"The meat that you sent for him is condemned, and I want the carriage for it"—he said, "I will go down and pay it myself," which he did.
Cross-examined. Q. Was the prisoner in the habit of sending up meat to Mr. Lea? A. Yes—this meat was sent in one of the Company's hampers—I knew the prisoner's father some years back, when he was a butcher at Spalding—I should think the prisoner has been a butcher about a year or a year and a half—I don't know what he was before that.
COURT. Q. In whose name, used he to send meat to Mr. Lea? A. I believe always in his own name till this time.
JAMES ROGERS . I am in the employment of Mr. Jesse Lea, meat salesman of Leadenhall market—on the morning of 27th January a hamper of meat was delivered at Mr. Lea's place of business with this label on it, and this note in it with four quarters of beef—I did not take it out—it was never moved from the hamper—I have been with Mr. Lea fourteen years—the meat appeared to be in very bad order, and that was the reason it was not offered for sale—I called Mr. Lea's attention to it, and he ordered it to remain in the hamper—I have received a great deal of meat from the defendant—he has sent it in the name of Teesdale.
Cross-examined. Q. I suppose this sort of meat rapidly gets moist? A. Yes—in another day it would be twice as bad as it was then—there is a great deal of difference in the meat when it starts from the country to when it comes to London—it gets muggy and altered—that remark would apply more especially to the meat of an old thin beast—it would show a greater change—the prisoner generally sent up hind quarters of mutton—that has been very good meat—we never received beef such as this from him before—Mr. Lea received meat from him before I went there—whether it was from him or his father I can't say, but it came in the name of Teesdale.
MR. SLEIGH. Q. I suppose hot weather has something to do with the alterations in the condition of meat? A. Yes, very much—this was in January.
WILLIAM WILD . I am one of the sanitary inspectors of, the City of London, and have been so for about two years—on the morning of 27th January I was on duty in Leadenhall market—I went to Mr. Lea's shop—my attention was directed to four quarters of a cow—it was in a very wet state, as if the animal had been diseased for some time—the kidneys were very much enlarged and heavy—when it was hung up the water oozed from every pore—that is a sign of disease—this meat was diseased to the bone—it was decidedly unfit for human food—on the same day I showed a portion of the meat to Dr. Letheby—afterwards on the 30th he examined the whole of it, and it was condemned—I afterwards went down into the country to make inquiries, taking this note with me—I saw the defendant at his shop in Pinchbeck—it is a butcher's shop—I told him I had been sent by the authorities to make inquiries concerning a cow that had been sent to London—I cautioned him in the usual way—he said he had been authorized by his father to purchase any old cow, no matter what description, so that it would walk to the railway station, as they were intended either for Leeds or Manchester—this one would not walk, and he had it dressed—I showed him
this note, and he said it was his writing—he said he had been a butcher about twelve months—it would be apparent to any person unacquainted with meat that this was bad—(note read)—"Dear Sir, I have sent one of my karkas of beef, which I hope you will do the best you can for me. You post to J. Batty, Post-office, Spalding."
Cross-examined. Q. I suppose you have had great experience with beef? A. Yes, I have had to do with it ever since I was twelve years of age—I was a butcher and sausage maker—the defendant kept a small country shop.
DR. HENRY LETHEBY . I am medical officer of the Corporation—on 27th January I was called on to inspect some meat which was shown to me by the last witness—it was what is commonly called wet, the flesh was infiliated with serum—it was very poor—the fat was quite like a jelly—it had every appearance of very much diseased meat—its appearance indicated febrile disease—the lungs adhering to the side was sufficient to account for the diseased state of the animal—it was not meat that was fit for human food—in my judgment its unfitness would be apparent immediately on its being slaughtered—the kidneys were very much diseased—that is an indication of an inflammatory condition of the lungs—an experienced person could not at all mistake the condition in which it was.
Cross-examined. Q. When did you see it? A. I saw a portion of it, fourteen or fifteen pounds, on the 27th, and the remainder on the 30th—meat of a poor thin description would rapidly become worse—the symptoms of disease would not become more apparent, but the condition of the flesh would become worse and worse every day.
GUILTY.—Recommended to mercy by the Jury on account of his youth. — Confined Four Months' and fined 50l
397. THOMAS FURY (19), and MARY GATHNEY (44) , Burglary in the dwelling-house of John Curtis, and stealing therein 2 pairs of boots and other articles, his property. GATHNEY also charged with feloniously receiving the same.
MR. GRANTHAM. conducted the Prosecution.
JOHN CURTIS . I am a publican and keep the Cooper's Arms in Middlesex-street—on 11th February I went to bed about 3 in the morning—I afterwards heard a noise like the slamming of a door—my wife noticed it also—we sat up in bed and talked rather loud and we heard no more—I got up at 8 o'clock in the morning and found the window on the staircase raised—it was not broken, the catch was bent a little—there is an open cupboard on the landing about three feet from that window—I missed two pairs of slippers and two pairs of boots from there—these are mine (produced).
SARAH EVANS . I am the wife of James Evans a marine store dealer—on Thursday morning, 11th February, the male prisoner brought me these two pairs of slippers to sell, he asked me 6d. for them and I gave him 4d.—that was about 10 in the morning as near as I can guess—I have no doubt about the young man.
JOHN CROOME . (Policeman, S 34). From information I received I went on 11th February to the male prisoner's lodgings—I found him at home and asked him where he got the pair of boots from that he gave a woman to pawn—he said he knew nothing about them—I asked him if he knew the woman—I had not then said who she was, and he said, "Yes, she is my mother"—I asked him who the room belonged to—he said it was occupied by him and his mother—I saw a sea mattress there with the name of Fury upon it—I said, "Is this your mattress?"—he said, "Yes"—I said "Then your name is Fury, is it?"—he said, "Yes"—I said, "How do you account for your mother's name being Gathney?"—he said, "oh
sometimes she goes by that name"—I searched him and found on him this rope which can be used as a ladder to get up a considerable height—there are knots in it, and the prisoner being a sailor could get up a good height with it—I found a crowbar up the chimney at their lodgings—it is commonly called a jemmy—it corresponds with the marks on the window sill at the Cooper's Arms—I had great difficulty in finding out where the prisoners lived—I watched the male prisoner for hours before I found out.
Fury. When we were going to the station he pulled that jemmy out of his pocket and asked me if I knew it. I told him, "No;" he said, "I thought you would know it"
Gathney. That piece of iron I used for a poker, being a poor woman.
Fury. He said he found it after we had been at the House of Detention.
Gathney. We were only five weeks in the room, it might have been there before we went there.
FREDERICK OHLSON . I am a pawnbroker at 2, Parker's-place, Somerstown—I remember Gathney coming to my shop on the 11th February and offering a pair of boots in pawn—I gave information to the police and she was taken at my place.
JOHN PRESCOTT . (Policeman, G 237). I was called to Mr. Ohlson's shop on the morning of 11th February, and took the female prisoner in custody—I asked her where she got the boots from—she said a gentleman outside gave her them to pawn—I went outside with her and asked her to point out the gentleman—she said she could not, he was gone.
JAMES PORTER . (Policeman, S 422). I saw the male prisoner on the 11th February, about 10 minutes to 3 in the morning, in Middlesex-street, standing against a lamp-poet, between forty and fifty yards from the Cooper's Arms—I asked him if he was locked out—he said, "All right, master, I am going in presently"—he turned away in a hurried manner and went towards the Cooper's Arms—I walked after him but lost sight of him and never saw him again till he was in custody.
Gathney's Defence. I had never been in the Cooper's Arms in my life. I have been laid up pretty well all the winter with rheumatics, and was never able to help myself; my son kept me.
Fury's Defence. The morning the policeman spoke to me was the 8th; I was lying asleep in a gateway and I told him I was locked out.
FURY— GUILTY . †— Five Years' Penal Servitude.
GATHNEY— GUILTY† of receiving. — Five Years' Penal Servitude.
The following prisoners PLEADED GUILTY.—
399. JOHN BULLEN (26) , to embezzling 10l. 17s, 1l 19s., and 4l. 2s.; also 1l. 15s,; also stealing 2 muffs and a victorine, the property of Myer Myers, his master.— [Pleaded guilty: see original trial image.] Confined Twelve Months.
402. JOSEPH WILLIAM HOWELL (38) , to feloniously forging and uttering 4 orders for 1l. 11s. 6d., having been before convicted of felony.— [Pleaded guilty: see original trial image.] Ten Years' Penal Servitude.
NEW COURT—Tuesday, April 12th, 1864.
Before Mr. Recorder.
MR. COLERIDGE. conducted the Prosecution.
WILLIAM JONES . I am manager to Mr. Smart of Fenchurch-street—on 2d April, shortly after 3 o'clock, I was serving in the shop with Mr. Smart and Francis Ormandy, when the prisoner came in and asked for two ounces of cannister tobacco, which came to one shilling—she tendered the lad a sovereign and Mr. Smart gave her change, a half-sovereign, three half-crowns, one shilling, and a sixpence, which he put on the glass counter by the prisoner, she having removed from one division to another—she had a child in her arms which she rested on the case while the change was being given—she then said to the other woman, "You wait, my dear, for the tobacco, and I will take the change and go on"—she then said, "Can you give me all silver?"—Mr. Smart said, "It is inconvenient on a Saturday, but I will try and oblige you"—she inquired the price of the tobacco, he said, "One shilling"—she turned round to her friend and said, "My dear, we only paid 9d. for it the other day here"—as she said that the change was by her side, and she placed her hand over it, took up a half-crown, and replaced it with a counterfeit one—I picked it up, saw that it was bad, and said, "This is what you came in here for and not for the tobacco"—I sent the lad for an officer, and then saw that the whole of the change was on the counter as before—I marked the bad half-crown at the station.
Cross-examined by MR. RIBTON. Q. What age was the child? A. Fifteen to eighteen months—it was by her side on the counter and she was leaning up against it—she covered the change with her right hand which had the half-crown in it—I saw her take one up and replace one—I took up the bad one immediately and challenged her with it.
MR. COLERIDGE. Q. When you saw the good half-crown on the counter again, was that after she was charged? A. Yes.
ALFRED SMART . I am a tobacconist of Fenchurch-street—on 2d April the prisoner came in with another woman and a child—the prisoner asked for some tobacco, and before it was delivered to her she put down a sovereign—I put the change on the glass portion of the counter, a half-sovereign, three half-crowns, and 1s. 6d.—they were all good—I had examined the money in the till a few minutes before, and I do not think any money had been put in since—I saw Jones go round the counter in front of the prisoner—she wished me to change the half-sovereign for silver, which I objected to do but afterwards consented—she then turned to her friend and said that she had purchased the tobacco before at a lower price—I saw her take up one coin and put down another, which Jones took away, and she immediately put down another, a good one—Jones then said that she came, not to purchase tobacco, but to ring the changes, and gave her in custody with the bad half-crown—she said, "Send to a silversmith and test it; I am quite certain it is good."
Cross-examined. Q. Where was the half-crown when Jones took it? A. On the glass portion of the counter—it had just left her hand and he took it immediately—she took up the three and had them and the counterfeit one in her hand at the same time—she then laid three down, and when Jones took away the counterfeit she put down the fourth half-crown—she first put down one, then two, and within 3 or 4 seconds the fourth—the
counterfeit was the third: it was the top half-crown of the centre parcel, and the moment it was there Mr. Jones took it up, after which she put down the fourth.
THOMAS SPURGIN . I am a clerk—I was at Mr. Smart's shop, and heard the prisoner ask for two ounces of canaster tobacco—she threw down a sovereign, and the change was placed before her, a half-sovereign, three half-crowns, and 1s. 6d.—she said that she had previously paid 4 1/2d. an ounce for it—I heard money move on the glass, but cannot say what she did with it, because the child was sitting on the counter between us—Jones then said "I know what your little game is; you are ringing the changes"—I then heard money move again as it was put down on the glass—Mr. Jones then took up a half-crown, which I noticed was of a different colour to those he put down—the prisoner was given in custody.
COURT. to WILLIAM JONES. Q. Before you agreed to give her the change had she taken up the whole? A. No, she had not removed the coins from the counter when I agreed to give her the silver.
The COURT. considered that this did not amount to an uttering.—
NOT GUILTY .
MR. COLERIDGE. conducted the Prosecution.
ELIZA MANSFIELD . I am the wife of Charles Mansfield, of the Blue Boar's Head, Long Acre—on 2d March, about 5 o'clock, the prisoner came in for a quartern of rum—she gave me 1s., which I put on the bar-parlour mantel-piece where I had just placed one pound's worth of silver, but this was put separate—the rum came to sixpence, and I gave him two threepenny-pieces in change—he poured out the rum, and gave the cabman, who was with him, part of it, but brought it back from the cab, and said, "Will you be kind enough to change this rum, my wife cannot drink it, and put some gin into it?" he then gave me another shilling, which I put in the detector, and bent it nearly double—I then looked at the first shilling, and found that was bad too—the prisoner was given in custody.
ALFRED WELL . (Policeman, T 133). The prisoner was given into my custody with these two shillings—I found on him two threepenny-pieces, and 4 1/2d. in copper—going to the station he said to Mr. Mansfield,"If you will give me the two shillings back again I will make it all right to you."
The prisoner produced a written defence, stating that he was drunk, and received the shillings in change for a half crown.
GUILTY .— Confined Twelve Months.
MR. COLERIDGE. conducted the Prosecution.
ELIZABETH JANE HALL . I am barmaid to Mr. Neckasoff, who kept a public-house at 112, Oxford-street—on Tuesday, 8th March, between 8 and 9 o'clock, the prisoners came, and White asked for a quartern of gin, which
came to 2 1/2d.—he gave me a half-crown—I tried it, and it broke easily—I gave it to my master, who gave it back to them, and told them to go—on the next Friday they came again for half a quartern of gin, and tendered a half-crown—I knew them Immediately, bent it, told them I knew they were the same parties who had come before, and they were given in custody—they each drank some of the gin—White afterwards gave me another half-crown and asked me if that was bad.
Cross-examined by MR. SHARPE. Q. Are you sure that on the second occasion Bertram drank any of the gin? A. Yes—I had never seen White before—on the first occasion Bertram remarked to White that he was a stranger; he had not seen him for a long time.
NICOLAS NECKASOFF . On 8th March I kept a public-house in Oxford-street—I received two pieces of a bad half-crown that evening from the last witness, which I returned to White—on the next Friday the barmaid gave me another half-crown—the prisoners were at the bar, and other persons—I am certain of them—I asked a gentleman to call the police, and said, "This is a bad half-crown, and for your impertinence I shall give you in charge; I warned you not to come into the place again"—I kept the doors till the policeman came, and gave him the half-crown.
Cross-examined. Q. I suppose you had not seen Bartram from the 8th? A. No—on the first occasion I threw the money back to them, and told them not to come near the place again.
JOHN WHELPDALE . (Policeman, D 69). On 11th March the prisoners were given into my custody at the Clarendon public-house, Oxford-street—Mr. Neckasoff gave me this half crown (produced)—I took the prisoners to the Station, and found on White four sixpences, two shillings, and 3 1/2d. in copper, and on Bartram three shillings, two Sixpences, and 3 1/2d. in copper—I asked their addresses, but they both refused to give them.
White's Defence. I changed a half-sovereign, and received this money in change. I was never there before; it is not likely I should go a second time after her breaking it, and giving it to me back. There were not four sixpences found on me; it was two shillings and 3 1/2d.
WHITE— GUILTY .— Confined Nine Months.
BARTRAM— GUILTY.—Recommended to mercy by the Jury. — Confined Six Months.
MR. COLERIDGE. conducted the Prosecution.
HARIETTE CASTELL . I am the wife of Joseph Castell, a milkman, of Peter-street, Hackney-road—on Tuesday, 18th March, early in the morning, the prisoner came for half a pint of milk—it came to three farthings—he gave me a half-crown—I gave him the change, put the half-crown between my teeth, and put it away in a drawer by itself, as I thought it was bad, but had not a tester—I marked it, and afterwards found it was bad, and gave it to a policeman.
Cross-examined by MR. SHARPE. Q. Were you Serving other persons about that time? A. Yes—I do not think I received any other half-crown that day—persons generally pay with threepenny and fourpenny pieces—there were other persons coming in and out when I put the half-crown in my
mouth—I did not talk to them—I did not put it any where else before I put it in the drawer, five minutes afterwards—there was no other money there—I saw it next on Friday, the 18th, and marked it—nobody had access to that drawer; it was locked, and I had the key.
COURT. Q. Had you ever seen the prisoner before 15th March? A. Yes, frequently, in the morning—I knew him by sight.
HARRIETTE BAKER . I am the wife of Frederick Baker, a baker, of King-street, Bethnal-green—on Saturday, 19th March, about 8 o'clock, the prisoner came for three half-quartern loaves, which came to 81/4d—I served him—he put down a five shilling piece—I rang it twice, as I did not like the look of it, and told him I had not got change, I would go and get it—I went next door with it, and saw it tried, but it was not out of my sight—I went back and told the prisoner he must leave the bread and the money till my husband came home—he left, and never came back—I gave the crown to the police the same night, after marking it.
Cross-examined. Q. Where did you put it? A. I kept it in my hand, and gave it to the police about half an hour afterwards—I took it to an oil-shop—there were not many persons there—I had never seen the prisoner before, and did not see him again till he was in custody—the policeman then said, "Is this the man who passed the bad five shillings?"
MR. COLERIDGE. Q. Was there a little girl in the shop at the time the five shilling piece was brought? A. Yes, Harriette Vidal.
JAMES OSBORN . (Police-inspector). On 19th March, in consequence of information, I went to the prisoner's house, 6, Walham-place, 'Bethnal-green—I was taken there by a little girl named Vidal from the baker's shop—I found the prisoner and his wife in the front-room first floor—I told him I had come there respecting some counterfeit coin, which he was accused of passing in King-street—he said that he knew nothing about it—the girl said "Yes, that is the man"—he appeared to recognise her, and said, "Yes, I did come into your shop for some bread, and I intended to come back again, but I did not do so"—I directed a constable, who was with me, to search him, and while he was doing so I heard something fall—the constable told me something, and I looked into a pan near the prisoner, which contained a small quantity of soap suds, and found a packet containing these three half-crowns, wrapped up separately in tissue-paper—I said, "Why did you throw these away, you might be sure we should find them, and any others which you may have in the room"—he said, "That is all I have; you will not find any more"—I took him in custody.
Cross-examined. Q. Did not he say, "I did not throw them away?" A. No—I did not see him throw anything away—there were other persons in the house—the girl is not here—I took her before the Magistrate.
CHARLES CASLIN . (Policeman, H 163). I went with Osborne—before I searched the prisoner I saw him put his left hand in his right breast pocket, take out a piece of paper, and throw it into a pan—I said, "Do not throw anything away; whatever you throw away we shall find"—he said, "It is only a piece of paper"—the inspector took it out of the pan, and showed it to him—he said, "It is the first time I ever had anything of that kind before—I searched him, and found 2s. 6d. on him—I received this half-crown from Mrs. Castell, and this crown from Mr. Baker.
Cross-examined. Q. Was Inspector Osborne there the whole of the time? A. Yes, the prisoner had his back to the fire-place fronting me—the pan was on his left side, and he throw with his left arm over his right hand—I saw
something white drop in the pan, which the inspector took out—I saw it was tissue paper.
MR. COLERIDGE. Q. Did you see the inspector find the coin in the paper? A. I did.
The prisoner received a good character.
GUILTY .— Confined Twelve Months.
MR. COLERIDGE. conducted the Prosecution.
FREDERICK BAKER . I keep a baker's shop in King-street, Bethnal-green—on Friday, 18th March, between 6 and 7 o'clock in the evening, the prisoner came for two half-quarten brick-loaves, which came to 5 1/2d.—she gave me a five shilling-piece—I put it in my pocket where there was no other, and gave her a half-crown, a florin, and a halfpenny—she came back in a quarter of an hour, and said that I had given her a bad half-crown, which she showed me—I took it back, and gave her 2s. 6d.—I put the half-crown in the same pocket with the crown—in about a quarter of an hour I tried it, and it tasted gritty—I gave them both to the constable, Benson, who was with me in the shop, he looked at the half-crown in the prisoner's presence, and gave it me back—on the Monday afterwards I pointed the prisoner out, and gave her in custody.
Cross-examined by MR. SHARP. Q. Are you in the habit of making your pocket a till? A. I put half-crowns and crowns in, and sometimes smaller change—I had got no five shilling-piece at this time, but if I had taken any I might have put them into my pocket—I had no suspicion of the prisoner when she brought the half-crown back, but I remembered that I had given her a half-crown, and I could not say whether I gave her a bad one—Benson is not here—I did not, in his presence, take out two or three half-crowns and ring them, but I showed him the crown when the prisoner came in the second time, and we were both of opinion that it was good—I restored it to my pocket—I marked it when I gave it to the constable on the 21st.
COURT. Q. When was it you found it to be gritty? A. The same evening—up to that time there was no other crown in my pocket—I kept it after the 18th up stairs on a shelf with the half-crown.
HARRIETTE CASTELL . I am the wife of Joseph Castell, who keeps a dairy in Hackney-road—on Friday, 18th March, between 6 and 7 in the evening, the prisoner came for six pennyworth of eggs—she gave me a crown—I gave her the change, and then tried it, and found it was bad—I said, "This is a bad one"—she said, "I did not know it"—she said that she had been to Mr. Calcraft's for half an ounce of tea and some sugar, and received it in change for a five shilling-piece, and that she would come back to-morrow for the eggs—I gave her back the half-crown, and sent my little girl after her.
Cross-examined. Q. Is the little girl here? A. Yes; her name in Ann Shufflebotham—the prisoner came back in a few minutes, and I said, "I have sent my little girl to watch you"—she then said she found she had made a mistake, it was the baker's she had been to and got the half-crown, and not Calcraft's—I did not hear her say anything to the little girl as she went away either time.
ANN SHUFFLEBOTHAM . I am servant to Mrs. Castell—I remember the prisoner being there on 18th March—I followed her into Mr. Baker's shop—she turned up Pollard's-row, and William-street—she did not go past
Calcraft's—on the following Monday I saw her in the street, and Mr. Baker caught her.
Cross-examined. Q. When you followed her to Baker's shop, do you think she saw you? A. I think not; but she met me as she came out of Mr. Baker's, and said, "I find I made a mistake, it was at this shop that I changed the five shillings.
The prisoner received a good character, and her former master engaged to employ her again.
NOT GUILTY .
Confined Nine Months.
MR. PALMER. conducted the Prosecution.
MICHAEL CONNOR . I am a labourer, of 12, Vincent-street, St. Lukes—on the evening of 1st March, about half-past 12 o'clock, the prisoner and two others met me in the street and collared me—I halloed "Police" as well as I could, but they got me down, took my coat right off, and my waistcoat went to pieces—I missed seven pence from my waistcoat, and have seen nothing of it since—the police came, and collared the prisoner while I was lying in the mud—I did not offer to fight the prisoner, I never saw him till he got hold of me.
Prisoner. You did not have your coat off at all; you were taking it off when I shoved you in the mud. Witness. I was not; I had had a little drop of drink, but I soon got sober when they knocked me about—I had been walking about, having half a pint here and half a pint there, but no spirits.
THOMAS FABHANCE . (Policeman, R 138). On 1st March, I heard a cry of "Murder and police," and found the prosecutor lying on his back, and the prisoner holding his coat, with two others, trying to pull it away from him, and kicking and ill-using him—his waistcoat was off—I stopped them from taking the coat away, but saw nothing of the seven pence—there was a great crowd round when I got there—there are lots of thieves about there.
Prisoner. You shoved me over. A. I did not, but you threw me down twice—I took you in custody because you had hold of the coat—you tried every means to get away.
MR. PALMER. Q. What state was the prosecutor in? A. He had been drinking, but appeared to know what he was about.
Prisoner's Defence. I had been to an Irish funeral in Long-alley; the prosecutor was there, and we went into the public-house together; we got rowing, and he took off his coat to fight me.
M. CONNOR. (re-examined). I had not been to any funeral or wake—I am sure I did not take my coat off, and I never saw the parties before.
NOT GUILTY .
MR. PALMER. conducted the Prosecution.
MARY ANN WOODS . I live at 2, Wardrobe terrace—on 11th March, I was on Ludgate-hill, looking into a shop-window—the prisoner stood at my right side, and I felt a sudden jerk at my pocket—I missed my purse, and said to the prisoner, "Little boy, you have got my purse"—he said, "What purse?"—I said, "The one you have taken from my pocket"—he took the purse out of his left trouser's pocket, and ran up Pilgrim-street with it in his hand—he threw it down on Ludgate-hill, and a gentleman stopped him in my sight, and gave him in charge with the purse—this is my purse—it contained 2l. 17s. 6d.
Prisoner's Defence. I did not do it; three boys were standing in a row and took it out of her pocket, and ran up the street; she took hold of me; they all clustered together, and one of them threw it over their heads into the road, and the gentleman caught hold of me.
GUILTY .†— Judgment Respited.
MR. PALMER. conducted the Prosecution.
JOHN BROOKS . (Policeman, D 50). On 14th March, about half-past 8 in the evening, the prisoner was given into my custody for stealing a coat, and assaulting the prosecutrix, who stated in his presence that he came into her shop to be fitted with a coat; that she showed him one which he said was too small, and another which was too large; that there were two other young men with him, one of whom ran away with the prisoner, and the other remained—the prisoner denied it—he was the worse for liquor.
Cross-examined by MR. SHARPE. Q. Is the owner of the shop a woman? A. Yes; the prisoner said that he was not the man.
HANNAH BEERING . I live at 19, Exeter-street, Lisson-grove—on 14th March, a young man came in and asked for a coat—I went round to serve him—he said that it was not for him, but for a sailor outside—he went to the door and called the prisoner in, who put the coat on, and the one who asked for it said that it fitted him—the prisoner said that it did not fit—he said, "There is a sailor outside who is worth hundreds"—he came in, and the other man said that he did not approve of the coat—the prisoner asked for another—I said, "I have only one, which is too large"—the prisoner then up with his fist, and knocked me backwards—I fell, and when I arose he was gone—presently he came up to the door without the coat, and said, "I am not the man who struck you"—I said, "You are, and you took my coat"—one sailor remained behind—he spoke to me, and called some one to fetch a constable—I have never seen the coat since—the prisoner smashed all my teeth—I have no doubt he is the man—I gave him in charge five or ten minutes afterwards.
Cross-examined by MR. SHARPE. Q. Will you swear he is the man? A. Yes—the policeman was behind him when he came to the door, and I said, "Policeman, that is the man that struck me"—the prisoner said, "I am not the man"—the first man who came in was not dressed as a sailor—the prisoner was dressed as he is now—the whole transaction only took four or five minutes.
MR. PALMER. Q. Was there any difference in the height of the two sailors? A. The last one was the tallest, and he was dressed more respectably
than this one—he had an overcoat and a clean white collar—he remained with me till the prisoner came back—the gas was burning in my shop—I particularly noticed the prisoner—I held his arm while he took his coat off.
GUILTY .*— Confined Eighteen Months.
MR. HUDSON. conducted the Prosecution.
DAVID MENDOZA . I am an outfitter of 84, Minories, on 29th March about twenty minutes to 6 in the evening, I saw a van passing by—a man not in custody, went to the tail of the van, and took a chest of tea off—I saw the prisoner following him very closely—I followed with my brother—they vent together to the Circus, but I was not near enough to hear their conversation—they went into Andover-passage and changed their hats, and changed with the chest of tea—the prisoner looked at me very hard, and said, "Does this chest of tea belong to you?"—I said, "No; but I know who it does belong to," and put my hand on his shoulder—he tried to throw my brother over his back, and then said that a man had offered him sixpence to carry the tea—I said, "It does not look like it"—he said, "It is no interest of yours to detain me"—I gave him in custody.
Cross-examined by MR. H. PALMER. Q. Were there many carts about? A. No—the street is very wide—the two men were between twenty and thirty yards from me—the chest was just on the back of the van, and the man was on the van driving—the man not in custody took the chest on his shoulder—his hat did not fall off—when I first saw them they were together behind the van—they walked for five or six minutes before the chest was shifted to the prisoner—I lost sight of them part of that time—it weighed about one Cwt.—I carried it further than they did, I carried it to the station—the prisoner told me that he was employed to carry it by the other man who was standing close to him—he attempted to throw it away—he dropped it at my feet, and tried to slip his coat.
MR. HUDSON. Q. When you first saw them were they in company? A. Yes—I did not threaten to give the prisoner in custody till after he spoke to me—I said nothing to induce him to ask me whether the tea was mine.
ABRAHAM MENDOZA . I am an outfitter, of 84, Minories—on 29th March, about a quarter to 6, I was at our door, and saw a van going slowly by—two men were behind it; the prisoner was one, and the one not in custody took the chest of tea—I noticed the prisoner by his coat—it was the same as he has now—they walked up the Circus with the tea—we followed, and my brother said, "Where are you going with that tea?"—he said, "Is it yours?"—my brother said, "No, but I know who it belongs to"—the prisoner dropped it, and tried to make off, but we both caught hold of him—he said, "Do let me go; it will be no interest to you to lock me up"—I said, David, hold him tight"—the prisoner said, "David, do let me go"—we gave him in charge.
Cross-examined. Q. Then the prisoner was not the first man to speak when you came up? A. No, my brother was, he said, "Where are you going with that chest of tea?"—my brother spoke rather excited, and the prisoner threw the chest down and tried to run away—he would have gone if we had let him—the other man made off another way—there was about three yards between them when they were behind the van—we did not stop the van.
JURY. Q. Did they walk side by side? A. Yes; close enough to talk,
but we were not near enough to hear what they said—they appeared to go up to the van in company, and they went away together.
CHARLES RIVERS . I am carman to Thomas Stone, of Wapping—on 29th March, between 5 and 6 o'clock, I was driving their van through the Minories at the rate of two or three miles an hour—there was a chest of tea in it weighing 82 lbs. and worth about 12l.—when I arrived at Irongate-wharf, the chest was missing—I had not given authority to any one to take it—it was tied to the side of the van, but the rope had been slipped up.
STEPHEN OXFORD . I am delivery-foreman at St. Catherine's warehouse, Cutler-street—on 29th March, about twenty minutes to 5 o'clock, I delivered a chest of tea for Messrs. Stone, to Rivers—this was the same chest—I checked it by the delivery-order at the Mansion-house.
HENRY RAWLINS . (City-policeman, 532). On 29th March, David Mendoza gave the prisoner into my custody, and charged him with being concerned with another man, in taking a chest of tea in the Minories—the prisoner said that a man was going to give him sixpence to take it, but he did not know where to—I took him to the station.
JURY. to CHARLES RIVERS. Q. What height was the bottom of the chest from the ground? A. I could just reach it with my hand—it was not on the tail of the van, but at the side.
MR. PALMER. Q. If the rope had given way, might it have fallen into the street? A. It might.
JURY. to DAVID MENDOZA. Q. Was the other man taller or shorter than the prisoner? A. He might have been a couple of inches taller—he slipped the chest on to his shoulder—I do not know whether he was a labouring man—he wore a wide awake—I do not think I could do it; it was as much as I could do to carry it.
GUILTY .— Confined Twelve Months.
The following prisoners PLEADED GUILTY.:—
414. CHARLES SAMUEL BENJAMIN (16) , to unlawfully obtaining 5l. from Philip Cantor, by false pretences. Recommended to mercy by the Prosecutor, who engaged to take him back.—[Pleaded guilty: see original trial image.] Confined Two Days.
415. JOSEPH GEORGE KING (44) , to stealing a post letter, containing 1 1/2 sovereigns and 24 postage stamps, the property of Her Majesty's Postmaster-General.— [Pleaded guilty: see original trial image.] Three Years' Penal Servitude.
OLD COURT.—Wednesday, April 13th, 1864.
Before Mr. Justice Willes.
MESSRS. GIFFARD. and BEASLEY. conducted the Prosecution.
JAMES CROWLEY . (Policeman, D 229). On Thursday night, 10th March, or Friday morning, I was on duty in Great Chesterfield-street, Marylebone about five minutes past 12: I saw the prisoner there, standing against the King's Head public-house, which stands at the corner of Great Chesterfield-street and Little Woodstock-street—it has doors entering into each of those streets—he was standing with his back against the wall, with his hands behind him, near the door in Little Woodstock-street—I did not speak to
him—I went round my beat, and came round again to the same spot, in about twenty or twenty-five minutes—the prisoner was there again, standing in the same position in the same place—I did not say anything to him at that time—I left him, and went round my beat again—it would take me about twenty minutes to walk round my beat; sometimes it may take twenty-five minutes—I returned to the same place a third time—that was about ten minutes or a quarter to 1—he was standing in the same place and in the same position—at that time the door of the public-house in Little Wood-stock-street was open—I spoke to him—I said, "Devine, how are you living now? what are you doing?" (I knew him—when I first knew him he was a shoeblack boy, several years back) he answered, "I have no settled place of residence at present, and nothing to do; but I expect to have something to do shortly"—that was all that passed—the door in Little Woodstock-street, belonging to the public-house, was then shut too, whilst I was talking to him—I then went round my beat again, leaving him standing in the same place and position—when I came back to the place he was gone, and the public-house was all closed; all the doors were closed, and the house was in darkness—that was about ten minutes past 1—I then went down Great Chesterfield-street to the right, and then into little Marylebone-street, and then to the left into Little Chesterfield-field, which is parallel with Great Chesterfield-street—in passing through that street I saw a man lying down on the pavement in front of No. 5, Little Chesterfield-street—that is about from seventy to eighty yards from the King's Head—he was lying partly on his right side; his head was towards the door of No. 5, and his feet towards a hoarding, which there was in the street, opposite No. 6—I went up to him and spoke to him—I said, "What are you doing here?"—he made an attempt to speak, but I could not understand him—his hat was against the hoarding, near his feet—he was bleeding from the back of the head—I took hold of him by the arms, and endeavoured to raise him up—there was a good deal of blood on the pavement—his right arm was saturated with blood flowing from the wound at the back of his head—when I took hold of him he caught hold of my cape, and got up partly on his knees—he tried to speak to me several times, but I could not make out what he said; he mattered something—another constable came to my assistance, and we took him to the station-house—he did not make himself intelligible to me—when we got to the station a surgeon was sent for, and his wounds were attended to, and I took him in a cab to the infirmary—when I first took him up I noticed that the fall of his trousers was undone—I did not observe the fob pocket or the trouser's pocket—he had no handkerchief on—I saw no watch, chain, or seal, or any money in his pockets—I did not search him—at the infirmary, as I was in the act of undoing his clothes, he resisted very forcibly, and said, "Let me have my property; I had two sovereigns"—I did not know him previously—at the time I saw the prisoner standing in the way I have stated, there was no one else in the street—when I found the deceased lying there was no one about.
FREDERICK FOX . I am the landlord of the King's Head—I knew the deceased, Joseph Duck; he was at my house on Thursday night, 10th March—he left the house about half-past 12, or a quarter to 1—a man named Hatley left the house with him—I saw the deceased take two sovereigns out of a bag and place them on the counter, and then put them back again in his right-hand pocket; that was between 12 and half-past, I should say—he had a black handkerchief, I think, round his neck that night—I saw the prisoner at my house that night; he was in and out several times—the last
time I saw him there was between 9 and 10—I was present when Duck asked for some gin; that was about 12 o'clock—he had it in a bottle in a basket, and took it away with him—he said he was going to take it home—he lived at No 2, Little Chesterfield-street.
Cross-examined by MR. SLEIGH. (with MR. MONTAGU WILLIAMS.). Q. How far is your house from No. 2, Little Chesterfield-street? A. From eighty to to one hundred yards—Hatley is a hawker of fish, Duck was a scaffolderector—I don't know whether he occupied the whole of the house where he lived, or whether he was merely a lodger—the prisoner was not present when Duck showed the two sovereigns—he had a black handkerchief on his neck—he was clean that night; he was not in his working dress—I said just now, "It was a black handkerchief, I think"—it was a plain, dark handkerchief, not a coloured one; there was no pattern on it—I do not pretend to say whether it was black, or dark brown, or dark blue.
FREDERICK HENRY CAIGER . I am engaged in the surveyor's office of the Metropolitan police—I have made a plan of Great and Little Chesterfield streets, and the streets adjoining—this (produced) is one of them; it is correct—it is on a scale of fifty feet to an inch.
GEORGE WEATHERLEY . I am potman at the King's Head public-house—I know the prisoner—I recollect his coming to the King's Head on Thursday evening, 10th March; he was in several times during the evening—he said he was hard up, that he had walked the streets on the Wednesday evening—I said to him, "Why did you not come to me? I would have given you the halfpence for the lodging"—he said, "To tell you the truth, I did not like to ask you"—I told him I had not got the halfpence at present, or I would have given them to him for his lodging that evening—several halfpence were made up for him in the tap-room during the evening—I saw Mr. Duck there while the prisoner was there—the question was put to Mr. Duck to know if he would give him a penny towards his lodging—he said no, he would not, he knowed him—he afterwards said he had got him a place of work, and he would not do it; afterwards, Mr. Duck made friends with him, and offered him a lodging—he said he would make him up a bed on the floor—the prisoner said he could do that, he had been used to lying about—that was all that passed—I think the prisoner left the house about 10, or it might have been a little after 10; he left before Mr. Duck—I saw no more of him that night.
Cross-examined. Q. I suppose you continued to serve at the bar until the house was closed? A. Yes—I don't know exactly at what time the people were turned out and the doors finally closed—I put the shutters up at 12 o'clock, and went to bed after that; I went to bed before the doors were finally closed—there were persons in and out the bar all the evening—it is a house of good trade—from 9 to 12 o'clock persons were continually coming in and going out, both before and after I saw the prisoner—I did not see Mr. Duck leave the house; he was in the tap-room after I put the shutters up at 12 o'clock—I was not present when he showed the two sovereigns—Hatley, the fishmonger, was also in the tap-room, and another young chap, a fishmonger, named John Sands—there was no one else, that I remember—I did not leave them in the tap-room; I turned them out of the tap-room, and they went to the bar, and I saw no more of them afterwards—I left them at the bar and went to bed.
MARY ADAMS . I knew the deceased, Joseph Duck—I saw him on Thursday evening, 10th March, in my shop, No. 5, Little Chesterfield-street; that was between 10 and 11 in the evening—he had got on a new suit of working
clothes—his seal was hanging down below his waistcoat; I told him to put it away out of sight, I can't say whether he did so or not—it was a large, old-fashioned seal with a red stone in it, deeply out in—to the best of my belief he had a black silk handkerchief on his neck—on the Friday after, the 11th, a boy named Dingle brought me an iron bar—I took it to the station about a quarter of an hour after I got it.
Cross-examined. Q. The deceased lived two Or three doors from you, I believe? A. Mr. Duck had No. 2, we have Nos. 3, 4, and 5—I saw him several times that day—I had the seal in my hand at 2 o'clock that day; be came into my shop—I believe the handkerchief he had round his neck was a black silk one—the last time I saw him was between 10 and 11 at night—I can't swear to the handkerchief, because I did not have it in my hand.
MR. GIFFARD. Q. You say, to the best of your belief, it was black? A. Yes—he had lost his wife three weeks before.
HENRY HARRIS . I live at 5, Circus-street; it is a common lodging-house—I look after the house for the landlord; I am the deputy, I reside there—I know the prisoner—he had been lodging at that house—he came there on the Saturday night previous to the murder; that would be the 5th—he slept there four nights, Saturday night, Sunday, Monday, and Tuesday—he was not there on the Wednesday night or Thursday night—I saw him there on the Friday about the middle of the day; that was the first I saw of him there—he was staying, about the house, sitting in the kitchen—I remember the landlord coming into the kitchen when he was there—the prisoner said, "I will pay you for a week's lodging in advance," and he paid him 2s. accodingly—I remember seeing him again on the Monday afterwards, the 14th, in the kitchen, and in my room—he asked me if I had found anything in his bed that morning—I said, "No, have you lost anything?"—he said, "Yes, I have lost half a sovereign; I thought, probably, I might have left it in the bed; I got it in change of a sovereign; it was the last money I had left"—I asked him where he got it—he said, "I got it from a laundress that I formerly worked for in Woodstock-mews"—he said he had the half-sovereign wrapped up in one corner of his shirt, and some silver in the other corner; that the shirt came untied in some way, and he had lost it out of his shirt, he supposed in the bed in some way—he was not doing anything in particular during the day from the Friday till the Monday; he was sitting in the kitchen, smoking and passing the time away, doing nothing.
Cross-examined. Q. How many persons usually lodge in the house of a night? A. It accommodates fifty-two—we charge fourpence a night—it was pretty full on the Monday night, nearly full—we make no inquiry as to who the persons are; they pay their money and are admitted.
FREDERICK HATLEY . I was at the King's Head public-house on Thursday evening, 10th March—I went there at half-past 10; I saw the late Mr. Duck there—I only saw him come in once; he did not go out and come in again to my knowledge—he and I both went out of the house together at closing time—he went to the left, and I went to the right, and I wished him good night—we both went out at one door, the one in Woodstock-street—he went along towards Westmoreland-street, towards his home.
Cross-examined. Q. What time was it that you left the public-house? A. About a few minutes past 12, I think—I did not see any one else go out at the same time—I had been in the tap-room from half-past 10 until a few minutes past 12—I stopped at the bar before I went out—I can't say how many persons there were at the bar at that time; I did not take any notice
—there might be one or two there, but they were perfect strangers to me—I do not know a man named Sands—I saw no one about when the deceased and I went out, not a soul—I did not see the deceased showing a couple of sovereigns—I did not see the prisoner there at all; I have no recollection of seeing him—he is a perfect stranger to me.
MR. GIFFRAD. Q. How long did you remain at the bar after you went out of the tap-room? A. I should say half an hour.
JOHN SANDS . I live at 24, Queen-street, Edge ware-road—I was at the King's Head public-house on Thursday evening, 10th March; I went in about a quarter to 12—I saw the deceased Mr. Duck there; I saw him betting with some cabmen—I saw him produce two sovereigns—that might have been about 12 o'clock—he put them on the counter—I did not see what he did with them afterwards; I turned round and laughed, and went to my barrel, that was standing in front of the bar.
Cross-examined. Q. Was this betting going on at the bar or in the tap-room? A. At the bar—I believe he had been drinking—he was showing his sovereigns while he was betting with the cabmen; I cannot say whether the betting was about horses or fighting—I can't say exactly how long he was engaged about it; it might have been a quarter of an hour—there was me and two cabmen at the bar at the time, Mr. Fox, Mr. Hatley, and, I believe, George, the barman—I did not see any persons coming in or going out—I went in for the purpose of selling oysters, that is when I go—I saw nothing of the prisoner.
THOMAS JAY . I am a carpenter—on Friday morning, the 11th, about half-past 1, I was doing some work in the house, No. 5, Circus-street, for the landlord; it was not carpenter's work, but some work that the deputy ought to have executed, only he was unwell that night, and I did some portion of it for him—I heard a knock at the door at half-past 1—I called out to know who was there—the answer was, "John Devine"—I then opened the door and saw the prisoner; he stepped in a little way, and applied for a lodging—I refused to let him come in, as the beds were all let—he went away, and I then shut the door—I next saw him in the middle of the day, on that same Friday, in the kitchen—I do not know of my own knowledge who let him in that morning; he remained in the house from that time till the following Tuesday, when he was taken into custody—on the Monday he told me that he had lost half a sovereign; he said that he had tied it up in the tail of his shirt, and by some means or other, the shirt came untied, and the consequence was the half-sovereign was lost—he told me that he had received 30s. that was due to him from a laundress in Wood-stock-street—he told me that on the Monday that the half-sovereign was lost—on the Saturday night before that I saw him pay for some beer, along with several others; I could not tell the exact quantity—I can safely say he paid for one pot; I won't exaggerate.
JAMES BARGENT . I am a labourer, living at 5, Circus-street—on Friday morning, 11th March, the prisoner came there, at 5 o'clock—he knocked at the railing and I let him in, and he began lighting the fire—he told me he had found a watch, chain, and seal in Regent-street—he said he had been out all night, that he had paid his lodging the night before, and if this turned out any good he would pay for a week's lodging.
Cross-examined. Q. Did you know the prisoner previously? A. No—I never had any conversation with him—I knew Emsley some years ago, when he was deputy there—I knew Hinds lodging there about a week or a
fortnight—I did not associate with him; I never associated with any of them—I go out of a morning, and do not come home until night.
JAMES EMSLEY . I lodge at 5, Circus-street—I was formerly deputy there—I got up at twenty minutes past 5 on Friday morning, 11th March—I found the prisoner in the kitchen—he said he had found a seal and chain, also a silk handkerchief, in Regent-street—he showed me the chain and seal in his, own hand—it was an old-fashioned seal; it had a red stone in it, with some sort of letters on it, but I could not make them out—the chain was a plain one, about five or six inches in length—he did not say anything about what he was going to do with it—I did not see the handkerchief—I saw him go to the washing-place and wash it, and he hung it on a line—he showed it to the coachman, and said, "I found this in Regent-street; do you think I could get half a crown or three shillings upon it?"—the coachman said, "If you don't wash it clean, you won't get that on it"—I did not hear him say why—it was a black handkerchief—I remember pledging a handkerchief at Mr. Platt's on Saturday, 12th March—I don't know whether that was the same handkerchief; I can't swear to it; it was the same sort of handkerchief—I got the handkerchief pledged for Hinds—he took it off his neck, and asked me to and pawn it for a shilling; and I pledged it, and gave Hinds the money and the ticket—I saw the prisoner pay for several dinners on the Friday, Saturday, and Sunday—I did not see him in possession of any particular coins, only I saw him tossing on the Saturday night for beer with half a crown—on the Saturday night, I saw him pull out a two-shilling piece and several shillings—I should say I saw him spend a pound or twenty-five shillings between the Friday and the Monday—he was out with two of the men when I came in on the Saturday evening—I came home to my dinner there—I found the prisoner there on the Saturday, Sunday, and Monday—I don't know of his being out any one of those days during the day, barring the Monday evening, I believe he went to Marylebone; not during the day—Hinds had grub with him—he treated three or four persons with dinners.
GEORGE HINDS . I am a carter—on 11th March last, I was lodging at 5, Circus-street—I did not know the prisoner before he came to lodge there—he came to me at half-past 6 on Friday morning, 11th March—I was in bed—he woke me up, and said, "George, I want you"—I came down directly and put on my boots, and as I was sitting by the fire, he gave me a sovereign—I said, "What is this for?"—he said, "Fetch me some breakfast "—there was a handkerchief hanging on the line, and he said to the coach-man, "What do you think this will fetch; half a crown, or three shillings?"—the coachman said, "No, you will have to wash it a little different to that before it will fetch that money"—it was a black silk handkerchief—I went out and fetched the prisoner some breakfast—the houses were not open then, and I went into the Red Lion public-house, in the Edgeware-road, and called for half a quartern of brandy, and sat there to drink it—I changed the sovereign there—before I went out, the prisoner said, "I have something else here for you," and he shook his hand against his pocket—I said, "What is that?"—he said, "I sha'n't tell you before you come in"—I fetched in a a pound of steak, which came to 8d., a half-quartern loaf for 2 1/4d., half an ounce of tea for three halfpence, a pennyworth of sugar, and a pennyworth of dripping; I think that was 1s. 2d, all but a farthing, that I laid out for the breakfast, barring the brandy—I brought the things in and 15s. change, which I gave to the prisoner—he said, "You can keep half a jane"—he told me that before I went out—half a jane would be a half-sovereign—I suppose
a jane is a sovereign—I did not keep a half-jane—I gave him back 15s. in half-crowns, two-shilling pieces, and halfpence—there was no half-sovereign amongst it—I had some breakfast with him, and I said to him, "You may as well give me that handkerchief, it is no use"—he said, "Well, you can have it," and he gave it me—I put it on my neck and wore it—when I came back, as we were sitting down to breakfast, the prisoner gave me a watch, a chain, and a seal, and told me to make away with it, to go and pawn it, or do anything I liked with it—it was an old-fashioned silver watch, with one, two, or three numbers on it—I could tell it again if I were to see it; it had got 1,2, or 3, for numbers, and it had a "T. H." or something at the back—I know one letter was a "T"; I don't know what the other letter was—the letters were outside the case, and inside as well—it was a a biggish watch, about as big as the palm of my hand—the chain was a brass one, something similar to the one that gentleman has got on; it was half a foot long—the seal was an old-fashioned one, with a red stone and some funny letters on it, which I could not understand, deeply cut into the stone—he gave these to me, and the handkerchief—I went out and met a friend, and started off to Woolwich, with the things with me—this was on 11th March, on the Friday—we went into a public-house at Woolwich—I don't know the sign of it, but I believe the person is here who it belongs to, and I offered the watch to him for sale, for 10s. or 12s.; I don't know what exactly, I had a little drop of beer in my head—I offered the watch, chain, and seal altogether—the man said I must take 6s. off—I would not take that, and I took the watch back again—before we got home, we had spent all our money, and I said to the young chap who was along with me, "Will, you go and sell this seal"—he said, "Yes," and he knocked the stone out and went and sold it, and gave me a shilling—I don't know the name of the person who keeps the shop he went to; I know the place—it was at a pawnbroker's, next to a churchyard, in Woolwich—the red stone was knocked out and chucked away—I told him to chuck it away—I came back from Woolwich on Saturday, between 3 and 4 o'clock—I have never seen anything of the young man since—I stayed in Woolwich on Friday night and came back on Saturday—I came back to Circus-street, and gave the prisoner the watch and chain—I told him what money I was offered for it—I think I said four shillings, and he said, "Why didn't you take it?"—I said I was afraid I should get myself into trouble, and I thought it best to bring the watch back to him—he said, "You have no call to fear getting into trouble, because I found this"—he went into the back-place and broke it up, and said, "Go and do as you like with this, and make away with it; it don't matter to me what you do"—I went out—this was between 5 and 6 o'clock on Saturday afternoon, 12th March—it was on the Friday that I offered it at Woolwich, and on Friday that the stone was knocked out of the seal—I stopped at a private lodging-house at Woolwich on the Friday night—it was between 3 and 4 in the afternoon of Saturday that I got back to Circus-street—I saw the prisoner at once—he was sitting down eating some fish and potatoes—when he went into the back-place and broke it up, he came back and gave me the case of the watch with no inside—I think there were two cases—they were completely broken up, just as if they had been smashed and run over—when he first gave me the watch it was in good order, from what I could see—it had a glass—he did not give me back anything more than the cases broken up—I never saw the chain again after I gave it to him—when he gave me these back, I said, "Where did you get these from?"—he said, "I found them"—I said, "Where?"—he said, "In
Regent-street"—he afterwards said he had them off Great Marylebone-street—I went out into the Edge ware-road and met a man named Francis, a carter, between 8 and 9 o'clock that same day—I said to him," I have had a watch given to me by a man who found it, do you mind selling it?"—he said, "No," and he went and sold one piece to a person for eighteen pence, and another piece to another person for sixpence—the first piece he sold at a broker's shop in the Edgeware-road—I don't know the person's name—he gave me the money, eighteen pence—the other piece was sold in the Harrow-road—there was another piece which I gave him, which I thought of no use, which he sold for eighteen pence—on the next day, Sunday, the prisoner gave me half a crown—I did not seem to agree with him, and a young man said to me, "What makes you look so cross?"—I said, "I don't know; I am not cross; but I don't like it somehow. I think I shall get myself into trouble"—that was after he had given me the half-crown—he gave me that to fetch dinner in—I went out and fetched a pound of meat in for seven pence, a pound for sixpence, and some potatoes, and brought him back 1s. 1d. out of the half-crown—I gave him that—it was before that that I said I did not very well like it, before he gave me the half-crown—he did not say anything in answer to it—on the Monday, a man in the house said he had lost sixpence; and he said, if he could catch the fellow going to his pockets, he would lay for him—the prisoner then said that he had half a sovereign in one corner of his shirt, and 3s. 6d. in the other corner; that he had carried this half-sovereign all night and the best part of the day, and did not miss it till the afternoon; and when he heard the man talk about the sixpence, he put his hand in his pocket and said he had lost his half-sovereign, and he was looking all about the room for it, and could not find it; the 3s. 6d. was left—I said to him," It is a funny thing for you to lose a half-sovereign from out of the tail of your shirt, and have 3s. 6d. left, if I wanted to rob a man of his money, I should not like a paltry thing like that; I should have the lot. I should not think a man would go and touch your shirt without taking all"—he could not find the half-sovereign—when he heard the paper being read about the man being killed on the Sunday, he said, "What villains they must be!"—when I came home on the Saturday, I said to him, "Have you spent all your money?"—he said, "Yes; I have paid a friend of mine 7s 6d. "
Cross-examined. Q. How long had you been living in these lodgings in Circus-street, when this matter occurred? A. I think I had been there about a fortnight before I saw the prisoner, or it might be a little more—the first time I saw him was on the Saturday, if I am not mistaken; I don't know the day of the month—I mean the Saturday about a week before he was taken into custody—I was out of work at this time, doing nothing—I had work to do after this murder, and Sergeant White came and fetched me away from it, to come here as a witness—I was not indoors all the day on the Thursday previous to this murder; I was in my bed between 9 and 10 o'clock, and was indoors all the evening—I won't be sure whether I saw the prisoner that evening, but I think he came in with some herrings, if I am not mistaken—I think that was on the Thursday evening, but I won't be sure—I believe be told me that he was going out to meet a friend of his, a costermonger, that he had lent some money to—I won't be sure what day it was he told me that—it was on the Friday morning that he called me up, and I think it was the day before that that the spoke about going to his friend the costermonger, who owed him some money—it was said in the kitchen, where we all stop; the place where we all dine—I don't think he stopped in
Circus-street that night—I won't be sure whether he did or not—I did not see him at all after that night till the Friday morning—I saw him other days before that, but he was a man who never used to sleep in his lodgings much of a night; if he did, it was unknown to me—I think he used to out of a night—he was in the same room with me, opposite me—I can read my own name and write my own name, but nothing else—I cannot tell you who the young chap was that went with me to Woolwich—I only knew him by seeing him in a different place, where I used to lodge in Playhouse-yard, when I was badly off in the winter; that was where I met him—I don't know his name—I met with him at the corner of Chapel-street—I parted with him in Woolwich on the Saturday, I think it was, I won't be sure—I have never seen him since—I don't know who he is, or where he is to be found—I don't know why I took the watch and chain to Woolwich; I think I was silly or ignorant, or something, to do it, and I am sorry to my heart I ever did do such a thing—it was the first time I ever did a thing wrong, and it will be the last.
MR. GIFFARD. Q. At what time in the day was it that you went down to Woolwich? A. I think about 8 or 9 in the morning—I don't know how I came to go there; that is the right down truth; I don't know what I was doing.
THOMAS JAY . (re-examined). Hinds slept in the house on the Thursday night—I don't know what time he was in—the house was closed at half-past 12—if Hinds had come in after that, I should have had to let him in that night.
HENRY WASPE . I am a barman—I know Hinds—I have known him about twelve months—I remember his coming to me one morning early in March, about half-past 6—he had a half-quartern of brandy and paid for it with a sovereign—I gave him 19s. 6d. change—I can't say exactly the date—I remember reading Hind's account in the paper when he was examined as a witness—I should say it was about four or five days before that that he changed the sovereign—I don't remember changing a sovereign for him except on that occasion.
WILLIAM FRANCIS . I am a carter—I know Hinds—I remember meeting him on Saturday night, 12th March, between 8 and 9 o'clock in the Edgware-road, near the Red Lion—he said a lodger of his had found an old case of a watch—he gave me an old case of a watch broken up—I sold one part of it in Edgware-road for 18d., and gave him the money.
WILLIAM JAMES MARSHALL . I am a silversmith in the Edgeware-road—on Saturday evening, 13th March, Francis came to my shop with part of a silver watch-case, for which I gave him 18d.—it had apparently been run over or smashed—it has since been melted, before I heard of this case.
THOMAS TAYLOR . I am a shoemaker, living at 5, Circus-street—I know the prisoner since he lodged there, that is all—about 8th March he told me he was going to buy a secondhand pair of boots, and I could have his old ones—I asked him for them—I got his old ones on 11th March; he left them in the kitchen for me.
JOHN MOORE . I am a pawnbroker in Church-street, Woolwich—my shop is close to the churchyard—I bought a seal of a man who offered it for sale at my shop, about Friday some time in March—I afterwards gave it up to the constable—this produced is it—I gave 18d. for it; it had no stone in it—it was just as it is now—I can't recollect whether it was on Friday or Saturday, but I think Friday—it was at the beginning of March; I can't
say the day exactly—I think it was a week before I gave the seal up to the policeman.
WILLIAM ANDERSON . I am assistant to Mr. Platts, a pawnbroker, in Upper York-street, Bryanston-square—a handkerchief was pledged at our shop on 12th March, in the name of Jones, but who I took it in of, I can't tell—I cannot identify the person.
THOMAS NORTH . I am a coachman and live at 5, Circus-street—on Friday morning, 11th March, I remember talking to the prisoner about a handkerchief—the prisoner washed the handkerchief, and, after he had washed it, he dried it and brought it to me, and said he was going to pawn it for half a crown or 3s.—I said it would not fetch 3s., it was too dirty—he said he could wash it again; I don't know whether he did; I did not see it—I believe this (produced) is the handkerchief.
JAMES BURGESS . I am potman at the Marquis of Granby public-house—that is about three minutes' walk from the King's Head—on Wednesday night, 9th March, I remember seeing the prisoner in the tap-room—he was there before 9 o'clock—I left him in the room when I left the tap-room—we had a piece of straight iron bent up at one end which we used as a poker in the tap-room—this (produced) is it—I used it before I left the room, and went up to supper—I poked the fire with it, and laid it down by the side of the fire—when I came back again, after supper, the prisoner was gone, and the poker too—I missed it, because I wanted to use it again—I saw the prisoner again that same evening; he came down about half an hour after I went down—that was about 10 o'clock at night—he asked me if I had got a leg of a chair or a piece of wood, that would do for a hammer handle—I said I did not know, perhaps I had—there were two broken chairs there—there was one leg there, the other was burnt—I left the prisoner there and came up, and when I went back again he was gone, and one of the legs of the chairs was gone; the only one that was left.
Cross-examined. Q. Who was in the tap-room when the prisoner came in? A. A cabman or two, and he was talking to them when I came down—when I went up stairs, after poking the fire, I left him and the cabmen there, and when I came down they were all gone, and the poker as well.
MOSES CHARLES DINGLE . I live with my father at 7, Paddington-street—I remember finding an iron bar—that is it—I gave it to Mrs. Adams almost directly after I found it—I found it about four feet from No. 5, Little Chesterfield-street.
COURT. Q. Was it on the footpath, or in the road? A. It was not on the footpath, it was against the hoarding.
EDWAR WHITE . (Police-sergeant, D 16). On Tuesday, 15th March, about half-past 12 in the day, I went to 5, Circus-street—I should say that from the previous Friday I had been looking in the neighbourhood where I had always known where to find the prisoner, and I could not find him—when I went to 5, Circus-street, the prisoner was brought to me by the witness Harris—I said to him, "Well, Arthur, I have come to apprehend you on suspicion of causing the death of Mr. Duck, last Thursday night, or Friday morning, and robbing him of some money, a watch, and some other articles; you must be very careful what you say to me, it is a very serious affair; whatever you do say I shall have to give in evidence—of course you have heard of the murder"—he said, "No, I have not"—I said, "Be very careful what you say; you knew Mr. Duck, of course?"—he said, "No, I do not," or "I did not"—I again said, "Be very cautious what you say, this is a very serious affair; you still wish to say that you have not heard of the
murder, or you did not know Mr. Duck?"—he said, "I have not heard of the murder, and I did not know Mr. Duck"—I said, "You have had some gold in your possession since last Thursday night; you need not give me any account of it without you like; whatever account you do give me I shall make every inquiry to ascertain the truth how you got it"—he said, "I have had no money"—I then said, "If any person states that you have had money in your possession since last Thursday night, they have been telling lies of you?"—he said, "Yes, for I have had none"—I then said, 11 How much money have you in your possession now?"—he said, "I have got fivepence farthing"—I took it from him and took him into custody—on the way to the station, he said, I certainly have heard of the murder, because it was read to me on Sunday in the kitchen, and I might have known Mr. Duck, but not by name"—I then said to him, "I don't wish you to answer what I am going to say to you, you can please yourself about it—I am in a position to prove that you purchased a new pair of boots on Friday, the 11th, and that you were without money on the Thursday night late"—he said, "No; I am sure, Mr. White, I did not buy them on Friday, for I bought them on Saturday evening"—I said, "Do you wish to tell me where you got the money from to buy these boots?"—he said, "I earned the money in carrying parcels"—I said, "If you will tell me where you have carried parcels to or from to earn that money I will make inquiry and see everything correct"—he said, "I can't tell you any particular place, it was in Regent-street and Bond-street," and other streets he mentioned, that he had carried parcels to and from for strangers—on the way to the station, I further said to him, "I have been looking for you since about Friday in the old neighbourhood, but have not been able to find you—he said, "Do you think if I had done that job, I should have remained so near and been about all the time—I said, "You have not been in the neighbourhood since that night, or else I should have found you"—he said, "Oh, yes, I have; I have been in Little Marylebone-street, Great Marylebone-street, Oxford-street, and Regent-street"—I then said, "It would have been impossible for you to have passed the old neighbourhood without seeing somebody that you knew, or that knew you, and, if you can tell me any person whom you might have met in the neighbourhood when you were there, I will bring them forward to prove what you say is correct"—he said he could not—he was charged at the station with causing the death of Mr. Duck, and robbing him of 2l. a watch, chain, and seal—he said he was innocent, he knew nothing of it—on Friday, 11th March, I was at the station-house, when Mrs. Adams brought this piece of iron in—I received it from her between 2 and 3 o'clock in the afternoon—at that time there were eight or nine grayish hairs adhering to it—the inspectors on duty witnessed it; but from a conversation I had with the doctor afterwards, no particular care was taken of the poker—this is the same piece of iron, I have taken care of it from that time.
Cross-examined. Q. Have those hairs you speak of been preserved? A. No—I am not in the habit of exacting any statement from a prisoner without he thinks proper—it is not my habit to put questions to prisoners—this was a serious case, and I allowed him to make any statement—I cautioned him two or three times.
THOMAS HINDS . (Police-inspector D). I was with Sergeant White when he took the prisoner into custody—I produce a duplicate which I received from Hinds—I produce the seal that came from the pawnbrokers at Woolwich; also a pair of boots which I received from Taylor—I saw the iron bar at the
time it was brought to the station—there were some hairs on it, apparently human hairs.
EDWARD ALFRED TYLER . I am a medical practitioner—I knew the deceased, Joseph Duck, well—his age was about sixty—I last saw him about a fortnight previous to the murder—he was in the habit of wearing a watch—I have seen it many times—it was a large, old-fashioned English watch, silver, double cased, with figures, not letters upon it—he also wore a chain and seal—it was a curb chain, about six or eight inches long, with a large seal with a red stone—it was a yellow metal chain; I can't say whether it was gold or not—the seal was a large, old-fashioned seal, with a red stone in it—I can't say whether there was anything on the stone—this is exactly the description of seal without the stone.
MARY ADAMS . (re-examined). I have seen this seal before—it is a part of Mr. Duck's seal—I had it in my hand at 2 o'clock, the very day on which he was killed—he had on a black silk handkerchief—I don't know whether this is the one or not—it is the same sort of handkerchief.
JAMES FARIS . I keep a laundry in Woodstock-mews—there is no other person of the same trade there that I am aware of—I know the prisoner—I have employed him, but not within the last thirteen or fourteen months—I have not paid him any money within that time.
FRANCIS FULLER . I am house-surgeon at the Infirmary—the deceased, Joseph Duck, was brought there by the police, on the morning of 11th March—he was suffering apparently from the effects of intoxication and concussion of the brain—he was not sufficiently sensible to know what he was about—he spoke; at first we could hardly understand what he said, but afterwards he asked for two sovereigns, which he said were in his pockets—I was there when they were searched for—they were not found—I can't say whether it was exactly at that time, but I remember seeing that the fob of his trousers had been out across—the bottom of the fob had been cut away, and the lining of the trowsers also—his head was already dressed when he came to the Infirmary—I had a history of its having been dressed by the divisional surgeon of police—next morning I took off the plasters and examined the head—I found three cuts at the back of the head, running transversely across the back of the head—two of them were somewhat in a line with each other, and the third about an inch below those two.
Q. Could you form any judgment from what direction the cuts had been inflicted? A. That would depend a good deal, I imagine, on the shape of the instrument—I could hardly judge from their appearance—I found there was a depressed fracture of the bone—he was trephined in my presence that same day—he died at 6 o'clock the same evening—I attribute his death to the injuries I observed—after death I examined the head and the injuries more carefully—I found one depression of the bone, and three fractures extending from that depression—one fracture was seven inches in length, running round the left side of the head; the second was about three inches in length, running upwards, and towards the right side of the head; and the third about two inches in length, running downwards, and to the right side of the head—there was a good deal of blood effused—that would be the effect of blows of that character, inflicted at that place—the immediate cause of death would be the effusion of blood, produced by the injuries on the skull.
Cross-examined. Q. These wounds were in the nature of incised wounds, were they not? A. They were—such an instrument as this poker, or iron bar, might have produced such wounds—I think so—that was not my
evidence at first—at first I was of a contrary opinion, but since this I have reason to believe that such an instrument would do so—at one time I said I did not think this iron bar would have caused the injuries, if used in any manner—that was my opinion once.
MR. GIFFARD. Q. Explain how you came to alter your opinion? A. I saw some experiments made by Dr. Randall, and I found that such an instrument would produce injuries of the kind—at first I did not think it possibly could do so.
DR. RANDALL. I am a graduate of the University of London—I saw the body of the deceased five or six times during the Friday—at first we were strongly under the impression that the injury was done with a cutting instrument, and I performed several experiments with an instrument like this, with a view to prove that it was not done by this instrument, but we produced three wounds of exactly the same character, on similar matter, not on a living subject.
COURT. Q. I suppose, when you saw the wound, you thought it must have been done by something of a more acute edge? A. Just so; a wedge with a more acute angle; but the result of my experiments has been to satisfy me that a wedge with an edge formed by a surface such as this would produce those wounds—this is a cylinder—I did not think that the edge of a cylinder would produce such appearances upon the human body, until I performed the experiments.
Cross-examined. Q. Was your impression originally that they had been produced by the edge of an axe or chisel? A. Or a lath hammer; that has a cutting edge—our first impression was a very strong one, that it was done by a cutting instrument—this instrument could not cut the pocket.
COURT. Q. Were you present at the post-mortem examination? A. I was at a portion of it—the fracture that has been described was underneath the top wound—that was a fracture that it would require considerable force to have made, very strong force.
CECIL HENNING . I am assistant to Mr. Clark, surgeon, of Henrietta-street—he is surgeon to the D division of police—I was sent for to the station to see the deceased—I looked at his head, and found three cuts—I should think they had been very recently done, from the manner in which they were bleeding—they were bleeding at the time—I strapped up the wounds, and he was moved to the Infirmary—I saw this iron bar at the police-court—I formed a judgment that such an instrument would produce the wounds, and I stated so at the police-court—I was always of that opinion since I saw it at the police-court—I believe at the time it was at the police-court there were two or three grey hairs on it—I saw them.
EDWARD WHITE . (re-examined). I saw the two water-closets at 5, Circus-street examined—there were pipes, but no trap to either—whatever went down the closet must run right into the sewer—being a lodging-house, a deal of water is thrown down there—it is not a model lodging-house, but a common lodging-house, or two houses knocked into one—I examined down as far as it was possible to get at it—I could find no trace of the inside of the watch or the chain—I searched the prisoner and found a knife on him—I have matched that knife with some cuts in the deceased's trousers—the trousers are here.
The prisoner's statement before the Magistrate was read as follows:—"I
never trusted the witness Hinds with any money of mine, because the people said he stole a pair of boots in Molyneaux-street from a young chap, and that was why he went to Circus-street to lodge—he said he was not going to get nailed by Teddy White, he heard that Teddy White was after him, and that was why he kept away from there. "
MARY ADAMS . (re-examined). When the bar was brought to me it was wet and muddy—it was picked up out of the wet—it was lying in a pool of water at the time—I did not observe any hairs on it—I did not look to see—I took it at once to the police—I never saw the deceased's watch, to take any particular notice of it.
E. A. TYLER. (re-examined). It was an old-fashioned English watch—I could not say whether there was any lettering on the back—I cannot say either way.
WILLIAM JAMES MARSHALL . (re-examined). It was the back part of the case that I bought, the disc—I did not observe whether there was any lettering upon it, it had been battered about—I did not examine it sufficiently to trace any initials—unfortunately it was melted with other old silver before any question arose.
GUILTY.—Strongly recommended to mercy by the Jury, they being of opinion that he did not premeditate the murder, but that he did it in the course of the robbery.
NEW COURT.—Wednesday, April 13th, 1864.
Before Mr. Baron Pigott.
No evidence was offered.— NOT GUILTY .
MR. PLATT. conducted the Prosecution, and MR. RIBTON. the Defence.
NOT GUILTY .
MR. CODD. conducted the Prosecution.
JOHN POTTER . I am a boot-closer—on 15th March I went to the St. Paul's public-house, about 1 o'clock, and remained till between 5 and 6 in the evening—there might be twenty persons in front of the bar—the prisoner was there, and a man named Morgan, whom I did not know was putting a pot of ale round to the company, but he denied the prisoner's drinking, and the prisoner struck him—Morgan then put the pot out of his hand, and stood up to light—they had one round, and Rogers struck Morgan in the right eye with his left fist, cut his eye across, and staggered him—he then closed with him, bent his knee, and pressed it into the lower part of Morgan's bowels—I mean that he knelt down upon him, when Morgan was on the ground on his back—two other shoemakers who were with us then lifted Rogers off and helped Morgan on his feet—he asked to be taken home, and when he went out at the door he complained of being very much hurt.
Cross-examined by MR. LEWIS. Q. Did you see the prisoner's mother there? A. No, and no female whatever—the deceased struck no blows—I saw the whole of the transaction.
COURT. Q. Who had paid for the beer? A. Morgan, he had been treating
all the afternoon—this was momentarily done—the prisoner certainly knelt intentionally on the man's bowels.
WILLIAM EDWARD GEORGE . I am the landlord of this public-house—on the evening of the 15th March, I came into the bar in the middle of the row, and saw the two men lying on the ground, Rogers on the top of Morgan with his left knee pressed on the lower part of Morgan's belly.
Cross-examined. Q. Were they drunk? A. Well, they were not sober—I saw two or three females—I did not see an elderly woman bleeding.
JOHN STONE . I am a boot-maker—on the afternoon of 15th March I saw the prisoner and Morgan at the St. Paul's public-house—Morgan refused to give him the beer, an altercation ensued, and they were going to fightRogers' mother stepped in to prevent them, and Morgan pushed her, and she fell, but he did not strike her—when she got up she was bleeding, and Rogers seemed very much exasperated, and said, "You have struck my mother"—Morgan said, "I have not"—Rogers said, "You did," and they commenced fighting—they had one round first, and Rogers had the best of it—Rogers then took off his coat and they sparred deliberately—Rogers cut Morgan on the left eye with his right hand, which staggered him—they then closed and fell, Morgan beneath, but I could not swear to their position.
Cross-examined. Q. How many people were there there? A. There might be a dozen—the two men appeared to me to fall together in the ordinary course of fighting.
BONATER JOHN VERNON . M. R. C. S. I am house-surgeon of St. Bartholomew's hospital—I admitted Morgan on the morning of the 16th March—he was in a state of great pain and very ill—he complained of intense pain in his belly—he remained in the hospital three days, and died on the morning of the 19th—I made a post-mortem examination, and found the lower part of his belly very much bruised—the inside and the bowels were very much inflamed, and the cavity was full of urine and blood, which had come from a rupture of his bladder—he was otherwise a healthy man—I attribute his death to the rupture of the bladder, which was caused by considerable external violence—I told him I thought be would die, and an Alderman attended at the hospital to take his deposition—the prisoner was not present then, but next day he was brought face to face with the deceased, and the deposition was read over to him, but not in my presence—I was not there the first moment—I told the deceased, when the evidence was taken, that he could not get over it, and he said that he thought he was dying.
Cross-examined. Q. Had much urine escaped? A. I cannot judge of the quantity, because it had been there some days—I do not think the bladder could be ruptured unless it was full—it has been done by a mere fall—a person who had been drinking would be more likely to have the bladder fuller, but I do not know that he would be likely to have it ruptured sooner; I know no reason for that—death was produced by the rupture, and the escape of the urine, which would inflame the surrounding parts.
GUILTY .— Confined Three Months.
MR. CODD. conducted the Prosecution.
the kitchen suckling my baby, when my husband came in, closed the kitchen door after him, and said, "Who is that ascending the stairs?"—I said, "That is Mr. Fitz"—my husband said, "There is somebody talking at the door"—I saw the prisoner that night in his room lying on the bed—he occupied the front-room, first floor—I saw him flourish a poker, and said, "Oh, my God, George, here is a poker," and then I saw him stand in the middle of the room and throw a pair of scissors, which struck Mr. Fitz's hand, and then fell from his hand and stuck in my baby's head, just above the ear—I was carried into the kitchen, with my baby in my arms covered with blood—I did not take her to a doctor till the next evening, as I did not think the wound was so serious as it was. (A heavy pair of tailor's scissors produced)—Jane Salmon took these scissors out of the child's head.
Cross-examined by MR. METCALFE. Q. What was the commencement of this? A. I understand a row at the beer-shop about two dogs—Fitz occupies the front-room up stairs—I have the back bed-room and the kitchen, one room up and one down—when Fitz came home he had to pass the prisoner's door—he did not try to break it in, it was open—there was a space that width—I entered the prisoner's room, because Mrs. Fitz said there had been a piece of work between my mother and him—I went in to see which of the dogs was lost, and the prisoner was lying on the bed, his little black dog with him, and at his head was a large poker—that was more than half an hour before Fitz came home—I do not know whether Fitz was very angry when he came in at being accused of stealing the dog, but he left two men at the door—the dog was never mentioned in the house—when Fitz came home, I followed my husband—he went to see who the two men at the door were, to see if he knew them—they did not speak till my husband went to the door, they then talked loud—Fitz had gone up to his own room, and was returning from his own room with a candle in his hand to give the two men a light for their pipes, and Mr. Hammond and Mr. Phillips were talking at the door—I then saw Murrell flourish a poker—there was not a word spoken of anger—not a word was said about the row in the public-house—I do not know what induced the man to get up and take the poker—no attempt was made to break in his door by anybody—it was a little after 11 the first time I entered the room, but it was half-past 12 when we were all in the passage—Fitz neither said or did anything when the prisoner brandished the poker—I saw nobody go into the prisoner's room—I left the passage immediately after the scissors were flung—this was entirely unprovoked—the prisoner paid 10s. about a month afterwards for the doctor's bill—he did not also pawn a waistcoat to raise money for that purpose—he told me he pledged it for drink—policeman, 177 K, came to me, and asked me who caused the injury to my child, and I said, "The prisoner, but he did not do it purposely, and I shall not have him locked up"—he came again a second time with another policeman, and asked me if I wished to give the prisoner in custody—I said, "No; he heaved the scissors at the man, and they hit him and flew off to my child's head, and he would not hurt my child"—I do not know whether I told the constable that he had a poker which he flourished—I first mentioned the prisoner on the morning of the Inquest—this was on Saturday, and on the Wednesday before, a bubble out of the kettle touched my child's head, but it was only skin deep—I know Mr. Jones, the doctor, by sight, but never went into his house—he never attended the child, only Dr. Mc Andrew, who also saw the scald—it did not cause a sore; a sloughing, there was only a red mark—it was only the steam.
MR. CODD. Q. Was the skin broken? A. No.
HENRY FITZ . On Saturday evening, 14th February, at 12 o'clock at night, I saw Mrs. Perry and her child in the passage of 4, Oak-lane—I did not see the prisoner, he was in his room; but I came down for a light for Hammond and Phillips from up stairs—the prisoner's door was open, and a pair of scissors hit me on the hand, and went from my hand unto Mrs. Perry's child—she called out, "Oh, my God, my child is murdered"—I saw the scissors pulled out.
Cross-examined. Q. Had you seen the prisoner that night at a public house? A. Yes—he said something about my stealing a dog, and I struck him, but he struck me first—I gave him a black eye in self-defence—I had been drinking very little when I went to the house, but was a long way from being intoxicated—I did not touch the door of his room as I went by, or burst it open—I got a light for Hammond and Phillips from my own room.
COURT. Q. What were Phillips and Hammond doing there? A. They merely came in for a light for their pipes, and he was the one who took Murrell away from me.
ROBERT JOSEPH McANDREW . M. R. C. S. I live at Limehouse—about the middle of November the child was brought to my surgery—I examined its head, and found a punctured wound penetrating to the left side of the skull, above the ear, through the membranes of the brain, and wounding the brain itself—the child survived longer than I expected it could have done, and I had it examined by a surgeon at one of the London hospitals—it died in March, and I made a post-mortem examination—after removing the top of the skull, I saw the wound in the brain, and pressing down upon it the brain collapsed, and nearly three-quarters of a pint of matter escaped—these scissors would be likely to produce the wound, and it could scarcely end otherwise than fatally—the child died from suppuration of the brain, caused by the wound.
Cross-examined. Q. Are you sure of that? A. Almost as sure as I can be of anything—matter formed in the brain—that might have been produced by other causes, but here was cause sufficient for it—a scald would do it if the scald was sufficient—if the scissors produced it, I should not have expected it to have occurred before, there is such wonderful tenacity of life in children—it was about a year and a half old—I examined the traces of scalding when I made the post-mortem examination—I saw a redness, but that had nothing to do with the suppuration—the whole hemisphere of the brain was one mass of matter—the wound was about an inch and a half in depth—I could see the wound in the brain by means of a candle—the depth they penetrated to would depend upon the force with which they were thrown, and the resistance of the bone of the skull; but they wounded another person first slightly, and glanced off—the skull is not quite bone.
MR. CODD. Q. Was the mark very strong in the head? A. Very slight externally—the matter was on the left side; the wounded side.
MR. METCALFE. called
JOSEPH LOCKHART . (Policeman, K 177). I went to Mrs. Perry's on the night the child was injured, between 12 and 1 o'clock, and saw her with her child in her arms—there were two other women there, and two men, one of whom, I believe, fetched me; his name is Phillips—I did not take particular notice of the other man—they all appeared to have been drinking, and I should say Mrs. Perry as well—I asked her who had done it—she said her lodger—I said, "Where is he?"—she said, "He is on the bed"—I said, "Do you wish to give him in custody?"—she said, "No, I will not; I am quite sure he never intended to hurt the child"—I saw my sergeant, and
told him that it was dangerous—I afterwards went and asked her again if she would give him in custody—she said, "No, she knew he did not intend to hurt her child"—I had seen Phillips several times before.
The prisoner received a good character.—
GUILTY.—Recommended to mercy by the Jury. — Confined Three Months.
MR. GENT conducted the Prosecution.
HENRY WOLF . I am a shipwright, of Church-court, High-street, Wapping—on 19th March I was in the Black Bull, Gravel-lane, and saw the prisoner there drinking—I was having something by myself—there was a bar full of people—I did not speak to anybody—at nearly 11 o'clock I went out the back way—the prisoner attacked me there, and tried to take the money out of my waistcoat pocket—I do not know whether he came out after me, or went there first—I had changed a half-sovereign at the public bar—he was then drinking with me—he did not get the money—I went through the public-house, left the house, and went towards home—he attacked me again in King-street, and tried to take the money from my waistcoat pocket, but I collared him, and sang out, "Police"—he bit my hand, but I told him I would not leave go—this was not two yards from Gravel-lane—we scuffled and fell, and I became insensible—I do not know whether I received a blow or a kick, but I found women washing my face, and found a scar—my money was gone, and I found my left hand waistcoat pocket turned inside out—I know it was the prisoner, because I was in company with him when he attacked me in Queen-street, and I collared him by the throat, and said, "You rascal, what do you mean?"—I had had a drop to drink, but knew perfectly well what I was doing up to the time I was attacked—the prisoner was taken four days afterwards—I have not the least doubt of him.
Prisoner. Q. Was it not in the White Hart that I met you and your mates? A. No—I know nothing about you and I coming down the lane arm in arm, or your mate falling down and my picking him up—it did not happen—I was not drinking in the Duke of York Stores with you; we went in there—I gave you the pint which I was drinking out of, to drink, and when you had drank I told you to give it to your mate—your mate then called for another pot, and you called for one—I did not have you by the arm in the lane—we went into White's and had some gin.
COURT. Q. What is your mate's name? A. Spalls—he left me at the corner of King-street—he knew nothing about the affair—he was not with me after the attempt to rob me in the yard—the drinking was before I was attacked.
MR. GENT. Q. Was the Duke of York the first place you saw him at? A. Yes—I went there about a quarter to 9—he drank with me there—we went into the Black Bull after that—it was about 9 when I saw him first—I was perfectly sober.
WILLIAM BENNETT . I am a butcher's assistant of 3, King-street, Shad-well—between 10 and 11 that night I saw the prisoner and Wolf on the ground scuffling together—Wolf called "Police," and I ran out from home and found them struggling on the ground, the prisoner uppermost—he struck the prosecutor about the face and body with his fists, and then got up and bit the prosecutor's hand—Wolf was holding him at that time—I did not see anything taken—I am sure the prisoner is the man; I saw him plainly—Wolf was sober.
—on Monday night, about a quarter to 11, I was going home with my washing, and saw Lyons and Wolf on the ground struggling—Wolf called for the police, and the prisoner hit him over the face and eyes, and took the money out of his right hand waistcoat pocket—a third man, standing on the other side, said that if I called the police he would knock my eyes out, but I called out "Police!"—the third man was not helping at all; he was only looking after him—the prisoner then took Wolf by the hair of his head and dashed him up and down on the stones—I called out "Police!" and the other man said that if I called again he would knock my eyes out—I called "Police!" again, and the other man struck me—Mr. Wolf was not the worse for liquor—I have spoken to him before.
Prisoner. Q. Did you say that I took the money out of his right waistcoat pocket? A. Yes.
COURT. Q. Was there a gas-light near? A. Only a small lamp; it is quite pitch dark at that corner, but there was light enough for me to see—I am sure the prisoner is the man—the two men ran away through the court directly they heard the policeman's step.
TIMOTHY COX (Policeman, K 45). From information I received I took the prisoner on Friday evening, the 18th, in New Gravel-lane—I had received a description of him—I told him he was charged with assaulting and robbing Mr. Wolf, on Monday, the 14th—he said that he knew nothing about it—I took him by the collar of his coat, and he began to kick and make a most violent resistance, but I threw him into a butcher's shop, where he kicked another constable violently in the privates, and he has been unable to do duty since, and Mr. Wolf has been under the doctor's hands ever since.
Prisoner's Defence. The woman swears I took the money out of his right hand waistcoat pocket, and he swears it was in his left. What was had in the Bull I paid for; we afterwards got quarrelling and fighting.
GUILTY .—The officer stated that he was acquitted of a similar robbery the week before at Clerkenwell.— Confined Twelve Months, and to receive twenty-five lashes with the cat.
424. PHILIP JAY (54), PLEADED GUILTY to stealing orders for the payment of 17l., 28l. 7s., and 48l. 19s., the moneys of Samuel Ward Tucker, his master,and MR. LEWIS, for the prosecution, staled that the prisoner was desirous of giving some information.— Judgment Respited.
THIRD COURT—Wednesday, April 13th, 1864.
Before Mr. Common Serjeant.
MARY BUNBURY . I am the wife of Joseph William Bunbury, a licensed victualler, of Great Tower-street—I know the prisoners—they were at my house last Tuesday week, 29th March, between 9 and 10 o'clock, as near as I can guess—they were in a side bar, in a small box, by themselves—Bone called for a pot of porter—the little girl served them, and took the money—I was just inside the bar parlour at that time, and I saw Holmes get up on the shelf over the bar, and take 1l. in silver off a shelf—he dropped some of it as he was getting away—1s. 6d. was found on the floor afterwards—he got down into the side box, and ran out into the street—I asked Bone twice
to stop him, and be would not do so—he stood and looked at him—Holmes must have had assistance to get where he did—he could not hare got up without help—they were both close together—Bone was in such a situation that he could have helped Holmes up, no one else could—there was not a soul there but Bone—I next saw Holmes at the station-house, about 12 o'clock the same night—I knew him again—I have known him two or three years—we kept Bone and gave him into custody—I said to my husband in his hearing, "Hold him there till we get the other man as he is as bad, because he must have assisted him up, and would not stop him when I asked him," and my husband kept him till the policeman came—he then said he was only lighting his pipe, and he did not see any man come in and take the money.
Bone. Q. Did you see me take any money? A. No; I saw your arms moving as if you were helping the other man up—you did not offer to run away, because I would not let you. Holmes. I deny being there at all.
SARAH JANE PEARSON , I saw the prisoners at the public-house on this night; I served them with a pot of porter—I afterwards saw Holmes's head and hands over the bar; that is a place where he ought not to have been—Boue was standing by the side of him at that time—I heard the money drop, and saw Holmes run away.
Bone. Q. Did you see me touch any money? A. No, not you—Holmes could not have got up without assistance; there was a chair there—he might have got up with the chair, but it was impossible, I think.
ELIZABETH MILES . I was in this public-house, and saw Holmes take the money from the bar—he went out at the side bar and went up Barking-churchyard steps—he came back in three or four minutes afterwards, and went towards the Tower-stairs, where he was taken—I saw Bone at the public-house; they were both standing and drinking together.
Bone. Q. Did you see me touch any money? A. No; I did not see you lift Holmes up.
JOSEPH WALL (City-policeman, 563). I took Holmes—he first stated that he had not been in the house for some time—a few minutes afterwards he and that he was in the house about 9 o'clock for a screw of tobacco—he had 1s. 4 1/2d. on him when he was taken.
Bone's Defence. I left off work about five minutes to 9 on 29th March, and was going home, when I met a man (not this man), who asked me to have some beer. We went into this lady's house, and he called for a pot of beer. I turned round to light my pipe; whether he was on the bar or not, I can't say. The landlady hallooed to me to stop him. I did not know what was the matter till I saw him outside the door.
Holmes's Defence. I have a witness here who can prove I was with him at the time this was done.
WILLIAM WALLAMERE . I am a waterman—I have known Holmes-for seven or eight years—at 9 o'clock, on the evening of the robbery, he was in a boat with me; I can't say the day of the month—it was on a Tuesday, because I was up at the Mansion-house for him on the Wednesday and Friday following—we were mooring a ship from off Brewer's-quay—just before 10 o'clock I got Holmes to row me over the river to Horseleydown Upper Stairs in my boat; that was to save time in walking home—Horseleydown is on the Surrey-side, where I live—he then went back to stow my boat on the Cityside, close to Great Tower-street—I know the time, because I heard the clock strike 10 when I landed—I lent him 4 1/2d. just before 9 o'clock to get
some bread and cheese—I know the other prisoner by sight and by name, nothing more—Holmes works on board a steamboat, at what we call lumping.
(Holmes received a good character).
Confined Twelve Months' each.
MR. LEWIS conducted the Prosecution.
ELUS COHEN . I am a cigar manufacturer, at 57 and 58, Crown-street, Finsbury—on the evening of 2d March, I left my premises about five minutes after 9, perfectly secured—from information I received I returned again at a little after 12 on the same evening—I found several police officers there, and a van standing in the street—I examined the van and found six sacks, representing coal sacks, made of black linen, full of cigars, which belonged to me—the sacks were not mine—I went into my warehouse by the side door with my own key—I found two more of these black sacks inside, full of cigars, one on the counter and one close to the door—some of the chests were empty; there were cigars in them when I left—I found nothing more removed—the value of the cigars in the van, and the sacks on my premises, was between 400l. and 500l.—I believe an entry was effected by a duplicate key at the private door—these are some of the cigars (produce a)—they are British—I found the prisoners in custody on the following Friday evening, when I preferred this charge against "them—I know nothing of them—in addition to the robbery the main water pipes were severed, so that the following morning the water came into the place like a fountain, and I should have lost 1,000l. worth of property, if my neighbours, had not kindly assisted me to take the goods away—there must have been several men engaged in it; one man could not have packed the cigars in the time—I had to cut the sacks to get them out, they were fastened up so very tightly.
WILLIAM STRANGE (Policeman, G 39). I was on duty on the evening of 2d March, about 10 o'clock, and saw a van at Mr. Cohen's premises—I crossed over to the van—I saw Coleman in it, and, as I was passing round, he stepped out at the tail of the van and ran away—I followed him a short distance, and fearing the van might be gone, I went back and examined it—I found six sacks of cigars in it—I tried the doors of Mr. Cohen's house, and found them all fast—I sent for him, and he came and identified the cigars—I afterwards found a coat lying at the end of the van—the cigars were taken to the station—I next saw Coleman on the following Friday evening at the police-station, Old-street; he was then dressed similar to what he was on the 2d—he came there himself—the coat was shown him and he owned it, and he said there was a valentine and a handkerchief in the pocket—I found them there—I was afterwards in charge of the prisoners, sitting between them, when Coleman said to Marshall, "It would have been a good job if we had had our legs broke before we went there"—Marshall made no answer to that—it was addressed to him, and quite loud enough for him to hear.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. How far were you off when you saw the man get out at the tail of the van? A. The length of the van—I was at the head of the van when he got out at the tail; he was dressed in a sleeve waistcoat and cord trousers, but no coat—I could not swear that Coleman had on the same dress as the man who got out of the van, when I saw him at the station; it was a similar dress—he did not say at the station,
"It would have been a good job if we had broken our legs before we went here"—it was, "Before we went there;" I am quite sure of that—they came down to the station two days afterwards to fetch the van away—I believe the coat I spoke of was lying over the head of the van, with the reins.
MR. LEWIS. Q. Did the coat cover the name? A. Partly.
MARY BRYANT . I am the wife of William Bryant, residing in Kent-road—Coleman's van stands at our premises; it has stood there six months—Coleman is a carman—I recollect Marshall coming to our house on the evening of 2d March—it might have been from 8 to 9 or from 9 to 10.; I don't know the time exactly—he said, "I want the van to remove some goods"—I think he said, "I have got a job to do;" I am not certain—he took Coleman's van away.
Cross-examined. Q. Do you know Coleman? A. Yes; I know that Marshall has worked for him.
JAMES HANN (Policeman, P 45). On the evening of the 2d March I saw Marshall in Coleman's van in the Old Kent-road, about 9 o'clock, coming from the direction of the tan-yard, where the van stands—I saw him stop, and saw Coleman walk up to the side of the van and speak to him—Coleman afterwards got into the van, and they both drove off at a slow pace—I had known them a long while before this evening—I saw them bear to the right before they got to the Dover-road; they were going towards London-bridge.
BENJAMIN BRYANT (Police-inspector, G). The prisoners came to the police-station where I was on 4th March, I had left a message for them to be sent—I asked Coleman what his business was—he said he had come about a horse and van we had got in the green-yard, which belonged to him—I asked him if there was any name on it—he said, "Yes, the name of Hunt, Haville, street, Southampton-square, Camberwell, on the side"—there was no such name there, and I told him so—the only writing on the side of the van is, "Camberwell, Surrey"—there has been something else, but it is entirely painted out—the name of "Coleman" is on the head of the van, but no address—I told him we had the van, and that he must consider himself in custody, and he was detained—I asked Marshall if he worked for Coleman—he said, "Yes"—I asked him what salary he had—he said he had no regular wages, he was paid by the job, he had worked for him for about three or four months.
THOMAS EVANS (Policeman, G 22). I examined the prosecutor's premises on the morning of 3d March—in my opinion, an entrance had been effected by a duplicate key at the side door—the front window had been broken, and the back window of the kitchen had been opened, and there were foot-marks which I could trace over the leads to a court, to Barford's-buildings, Earle-street—there were also marks down the face of the wall—the water-pipes in the kitchen were cut asunder—the shop was in great confusion, and some of the boxes emptied—I heard Marshall make a statement at the station; he said, "I was in East-lane, Walworth, about 8 o'clock; I met a man who asked me whether I knew anybody who had a horse and van to let. I said, 'I have got one.' He then went with me to the stables, and we got the horse in the yard, and then we got the van. I then went with him as far as London-bridge, when I got down to make water, and when I returned the horse and van were gone. The name on the van was 'George Hunt, Haville-street, Southampton-street, Camberwell.' "I examined the van; there was no such name on it; there was "Camberwell, Surrey," on the side, and "Coleman," on the front of it—there were marks of something having been nainted out—Marshall stated that ho had lost the van about 9 o'clock.
THOMAS CARDNER (Policeman, M 25). I first saw the prisoner at the Stone's-end-station at 1 o'clock in the morning of 3d March—Coleman then said, in the hearing of Marshall, that his man had let a horse and van to a man at 9 o'clock in the evening to remove some furniture from the East-road; that his man went with him as far as London-bridge, when he had occasion to get down to make water, and that after he came from the urinal to the bridge, the man was gone, with the horse and van—I asked Marshall to describe the man, and he described him as twenty-five years of age, five feet seven inches high, dark curly hair, dressed in a sleeve vest, cord trowsers and black hat—that was net the dress Coleman was wearing at that time; he had on a black coat—I said to him, "Had your man a right to let it?"—he said, "Oh, yes," and that he did not think his man wanted to act anything dishonest towards him—I asked him to describe the van—he said it had the name of Coleman on it, and another name, but he did not know what it was, as he had bought it of a man at Camberwell—they then said they would go home and go to bed, and come again in the morning, and they went away—I told them most likely they would find the van in the possession of the police.
COLEMAN— GUILTY .*— Ten Years' Penal Servitude.
MARSHALL— GUILTY .— Judgment Respited.
Coleman stated that lie was guilty, but that Marshall knew nothing whatever about the robbery.
WOOLF ISAACS . I am a general dealer, at 5, St. James's-place, Duke-street, Aldgate—on Sunday, 3d April, I was standing close by my master's stall, and saw the prisoner pick up a coat and walk away with it—I went to Mrs. Iredale, and asked her if the man paid her for it—she said, "No"—I ran after him, and caught him—he had the coat then in his possession.
Prisoner. Q. Was the coat at the shop or on the ground? A. On the stall—it was. you who picked the coat up.
Prisoner. Q. Did you see me take the coat? A. No.
SAMUEL HALFYARD (City-policeman, 513). I took the prisoner—he said he did not steal the coat; the man who stole it made his escape—Mrs. Iredale had the coat when I came up—the lad bad taken it from the prisoner.
Prisoner. Q. Did you see me with the coat? A. I did not—when you were searched, I asked you if you had got anything in your hat—you said, "No"—you would not take it off for some time—I took it off, and found this pair of drawers in it.
Prisoners Defence. My wife deals in clothes and does them up, and I was buying these things in the market. That coat is not worth a shilling. I picked it up and the lad ran after me, and said it belonged to the woman—I said, "Take it; it does not belong to me;" and I gave it up. I am innocent.
had it under his arm when I stopped him—he did not say, "Take it; it does not belong to me."
GUILTY .—He was further charged with having been before convicted at Westminster, in October, 1860, in the name of James Highly; Sentence, Two Years' Imprisonment; to which he
PLEADED GUILTY.**— Five Years' Penal Servitude.
MR. STARLING conducted the Prosecution.
JAMES HANN (City-policeman, 94). On 26th March, I was in St. Paul's Churchyard, and saw the prisoners there—I saw Sullivan speak to Ackerman, and point out an old lady—that lady went into Mr. Holt's, the pastrycook's shop; Ackerman followed her in, and Sullivan looked in at the window—Ackerman placed herself alongside of the lady, and came out again almost immediately—when she came out, Sullivan said, "Have you got anything?"—I was in plain clothes, standing alongside of Sullivan—Ackerman shook her head, and they then walked together down St. Paul's Churchyard towards Ludgate-hill—Sullivan there pointed out another female to Ackerman, who also went into a pastrycook's shop—Ackerman followed her in—I followed in behind her, and saw Ackerman put her hand in the lady's pocket, and then withdraw it—I asked the lady if she had lost anything—she said, "No"—the prisoners then went to Allan's, the draper's shop, where there was a sale on—I did not interfere at all then—they went to the side-entrance, where there were a great number of females standing—Ackerman went into the doorway and stood alongside of a young lady—she then left the lady, and she and Sullivan ran down St. Paul's Churchyard very quickly—I ran after them, stopped Ackerman, and out of her hand she dropped this purse, which I picked up—I said, "Where did you get that purse?"—she said, "I did not drop it"—I then took her back to the lady, and she identified the purse as being her property—another constable took Sullivan—at the station, Ackerman said that Sullivan called for her every morning to take her out picking pockets—Sullivan said that was false; she did not do so.
EMILY CULLEN . I live at 23, De Beauvoir-square, and was with my mother on 26th March, shopping in St. Paul's Churchyard, at Mr. Allan's shop—I saw the little girl (Ackerman) close by me—I did not miss my purse before the officer spoke to me—this is it (produced)—it was safe shortly before.
Sullivan's Defence. I asked her to come home, and she would not. She went up to this lady and took the purse, and then called me and ran away. I did not know that she had it till the policeman caught hold of me.
Ackerman's Defence. She used to come every morning and lead me out with some more girls.
SULLIVAN— GUILTY .— Confined One Month, and Four Years' in a Reformatory.
ACKERMAN— GUILTY .*— Confined One Month, and Five Years' in a Reformatory.
MR. DALEY conducted the Prosecution.
MARY ANN NIXON . I am the wife of Francis Nixon, of 5, St. Agnes'. villas, Paddington—on 4th February, I went to bed about 10 o'clock—the windows and doors were then shut, and safe—I came down at 8 o'clock next morning, and found the back drawing-room window open, and missed a time-piece from the mantelpiece—my husband's and son's cloaks were also missing—the whole of the things taken were worth about 5l.
JOHN PYM NIXON . I am the son of the last witness, this (produced) is the key of the time-piece which was missed—I afterwards saw it at Mr. Wells', the pawnbroker's—it was attached to the clock by a piece of twine—I also saw the time-piece at the pawnbroker's—this is it (produced), I believe—I could not swear to it—the key is exactly like the one lost, and that is like the time-piece—this is the stand of it—that was left behind.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. I suppose you have seen a good many time-pieces of that kind before? A. Yes—I have never seen a key of this sort before—it is not the same key that we had at first.
MR. DALEY. Q. Did you get it made? A. No; we bought it after we lost the other one—I have not seen many of this pattern.
SARAH BIBBOW . I am the prisoner's cousin, and live at 19, James-street—he has lodged at my house—he was there on 4th February—I don't know the day—he came home between 12 and 1 that night, and remained in doors the rest of the night—the next morning, he asked me to pledge a timepiece for him—I cannot swear to the one; it was like this one—I asked him where he got it from, and he said he bought it from a Jew, and gave 4s. or 4s. 6d. for it—he also asked me to pawn a cloak or cape for him—I pawned these articles at Mr. Wells', of High-street, Kensington.
Cross-examined. Q. What is the prisoner? A. He has been a carpenter, and was working at the Exhibition—I have known him from the hour of his birth—I never knew him to conduct himself otherwise than well—he never had a key turned on him before.
GEORGE WHITE . I am assistant to Mr. Wells, a pawnbroker, of High-street, Kensington—I produce this time-piece—it was pawned at our shop on 5th February for two shillings by the last witness—she also pawned an Inverness cape, which was taken out again the same day—there was a ticket attached to this time-piece—I am quite sure that is the same—this is a common kind of key.
JOHN ROUSE (Police-sergeant, D 17). I have compared this knife with the marks on the drawing-room window at 5, St. John's-villas, and they correspond with it—there is some paint on the knife, which is the same as that on the window.
SAMUEL EGERTON (Police-inspector, D). I saw the prisoner in the waiting-room at the Marylebone Police-court on Monday, 22d February—he was in custody—he said to me, "If I get over this, I will never give you any more trouble"—I said, "If you don't wish to give us any more trouble, you had better tell us where the property is"—I had previously cautioned him more than once—he also said, "The coat and cape that I sent her out to pledge I got out again, and I sold it to a Jew man; I know him very well by sight, but I don't know his name; as to the other property, I don't know what has become of it."
Cross-examined. Q. Did he speak to you first, or you to him? A. I spoke to him first—I said, "How is your foot?"—he had just come from
the hospital—he told me it was better, and then he said to me, "If I get over this, I will give you no more trouble"—I had cautioned him when he was first brought before me on this charge.
MR. DALEY. Q. Were you aware that he was going to say this before he said it? A. I was not—I did not ask him to make any statement.
NOT GUILTY .
MR. DALEY conducted the Prosecution.
JANE HUGHES . I am a servant in the employ of Mr. Weatherby, of 4, Orme-square, Bayswater—on the evening of Saturday, 13th February, a little after 11 o'clock, I went up stairs in the dark, and heard a sound like some one trying a window in the water-closet, and also heard a noise of glass breaking—there is a sky-light at the back of the house—I went down stairs, opened the door, and found the sky-light broken—I was going up stairs again, when a policeman rang the bell—the water-closet window was fastened with a clasp, and looks out over the skylight—I saw broken glass and drops of blood on the ground under the skylight.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. Where is this sky-light? A. Over the top of the back entrance—I found two panes of glass broken.
HENRY DRINKWATER (Policeman, D 291). At a quarter past 11, on the night of 13th February, I was in the gardens at the rear of Orme-square, and saw something at the back of No. 4 like the shadow of a man—I heard a noise like breaking of glass, and then saw a man run along on the partitionwall of the gardens leading from No. 4 into No. 3—I watched him until he dropped from the wall into No. 3, allowed him to come a few yards, and then I stepped out of my hiding-place, and seized him by the collar—it was the prisoner—he bad his boots in his hand—as soon as he stopped, I saw some blood on his feet—I said, "What are you doing here?"—he said he was going to Moscow-road—he said, "I have been to the Marylebone Theatre, and lost my road"—I then took him into the hall of No. 3, and afterwards to the station.
JOHN ROUSE (Police-sergeant, D 17). About half-past 11, on Saturday night, 13th February, I was called to 4, Orme-square—I saw the prisoner and the last witness—I examined the water-closet window at No. 4, and found marks apparently made with such a knife as this (produced)—it had been put between the two sashes to force the catch back—this knife was picked up by a female in the garden on the following day—the marks were quite fresh on the window—you could get on to the top of the party-wall and go along over the skylight to the water-closet window—the prisoner's foot was bleeding very much, as if he had been cut with glass—he lost a great deal of blood—I searched him, and found a quantity of matches, two pieces of candle, some dice, several letters, and eightpence in money.
Cross-examined. Q. Let me see what you call a quantity of matches? A. I think there are upwards of twenty—he had a pipe also.
SARAH RICHARDS . I found this knife in the garden of 3, Orme-square, close to where the prisoner was apprehended, on the morning of the 14th—I saw the constable take the prisoner at about a quarter past 11 the night before.
GUILTY .— Confined Twelve Months.
The following prisoners PLEADED GUILTY.—
432. ADOLPHE HECHT (19) , To three indictments for forging and uttering orders for the payment of 44l. 14s., 32l. 10s., and 27l.— [Pleaded guilty: see original trial image.] Ten Years' Penal Servitude; and
FOURTH COURT.—Wednesday, April 13th, 1864.
Before Robert Malcolm Kerr, Esq.
NOT GUILTY .
MR. KYDD conducted the Prosecution.
KEIMPEN VON KEIMPEMA . I saw the prisoner at the Mansion-house on the 11th—there was a ball there—I heard something drop on the pavement while looking at the visitors, and then I missed my watch—as I looked up the prisoner went away—I seized him, and he dropped the watch—a boy picked it up—I gave it to the policeman.
Cross-examined by MR. TAYLOR. Q. Was there a crowd? A. Yes—the prisoner was only a step or two off me—this was about dark—there was no one between the prisoner and me—I saw him drop it—he denied it.
JOHN BOTTING (City policeman, 660). A boy gave me the watch—I took the prisoner in custody, and then returned to the spot and found a broken watch guard, ring, and some keys—on going to Flower and Dean-street I could not find the boy, for he had moved.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
JAMBS CANFOR . I am waiter at the White Horse, Fetter-lane—I was drinking with the prisoner at 3 on Sunday afternoon—my brother asked me to tea—I went, and coming back missed two coats, which I have never since seen.
Prisoner. Q. Were there not plenty of other people besides me there? A. Yes—I left my coats in the kitchen.
WILLIAM GATHARD . I lodge at the White Horse—on Sunday, 6th March, I saw the prisoner with two coats on his arm—he asked me which was his room—I told him I didn't know—he said I sleep in the same room as yourself—I showed him up to it, and saw him take the coats off his arm—I did not notice the colour of them—the landlady and I went up to his room, having heard that two coats were missed—he was then gone.
Prisoner. Q. Did you see me take the coats? A. No—I didn't know that the prosecutor's coats were hanging up in the kitchen till he told me so, nor did I know their colour till he told me.
Prisoner. Q. Were you not drunk? A. No.
doubled up under his coat—it was not worn—the coat has not been found. The prisoner called
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
FREDERICK GONGE . I live at 26, Northampton-square, and am a clerk to Messrs. Challis—on March 1st this cheque was presented, and I paid it—in consequence of information I went to Messrs. Wright and Donkin, and saw the prisoner—he denied having been at Messrs. Challis, but afterwards produced from his pocket the whole 96l. which I had paid him.
Prisoner. Q. Did I not say that I met a man who gave me the cheque? A. Yes.
MR. DONKIN. I am a bookbinder—the business is carried on by myself and Mr. Wright—the prisoner was in my employ for some six weeks—when Mr. Challis's clerk came the prisoner went with me to ray country house—I asked him if he had been to Messrs. Challis—he denied it, but afterwards said, "Oh, yes, I did go; a young man gave me a cheque to cash there—the prisoner gave me back the money.
GUILTY .— Four Years' Penal Servitude. (There was another indictment against the prisoner.
439. CHARLES EVANS (20) , Breaking and entering the dwelling-house of Nathan Abrahams, and stealing therein 4 parchment scrolls, 6 pieces of silk, and other articles, value 59l. 10s. the property of James Lesser and others.
MR. TAYLOR conducted the Prosecution.
NATHAN ABRAHAMS . I live at Emanuel-buildings, and am a reader at the Synagogue in Prescott-street—on the evening in question I left the Synagogue at a quarter to 6 o'clock—I locked the door and kept the key—the parchment scrolls were then safe—they were in a case to keep them clean—this blue silk (produced) I can speak positively to—the pointer (produced) was on the premises also—I went to the building next morning at a quarter-past 6, unlocked the door, and when I got in I found the back window open, just enough for a man to get in or out—I saw the doors were open where these rolls stood, and they were all gone—I then gave information to the police—I had not known the prisoner before at all.
EMANUEL ABRAHAM . I am a general dealer of 31, Cable-street, Whitechapel—on Thursday morning, the 3d March, the prisoner came to my shop, and brought the piece of silk and pointer produced—the pointer was unscrewed—he asked me if I wanted to buy them, and I asked him to show me what there was—the silk was torn as it is now—I bought the things for 2s. 2d.—I afterwards received information about the Synagogue—I then went and looked after the prisoner—I went to a coffee-shop in a street out of Cable-street, and saw him there—I called to him, and told him I would give him a job—he asked me what it was—I told him to take some sailor's clothes—he was taken to the station-house.
Prisoner. Q. When you heard that the things had been stolen, why did you not make this known the first day? A. I did not know they were stolen—I go to the Synagogue—I did not know what these things were when
I bought them—if I had known what they belonged to I should have had you locked up directly—I could not find you until the Saturday—you did not, when you were told they were stolen, say, "I knew nothing about them"—you asked me why I did not say before that the things were stolen—you never gave me any explanation where you got them, except that you bought them—you said you would go and sell them in Petticoat-lane.
COURT. Q. Are not lots of these things sold in Petticoat-lane? A. I never go to Petticoat-lane.
HUGH ANDREWS (Policeman, C 62). I was sent for to 21, Prescott-street—I found the prisoner there with the last witness, who said, "This is the man I bought the stun of"—I then took him into custody—I asked him previously how he accounted for having these things in his possession, and he said he bought them from a man in Petticoat-lane, and gave 2s. for them, and sold them to the last witness for 2s. 2d.—he never said in my presence that if time were given he could find the man.
COURT. Q. Are there not a great many of these sort of things to be got iu Petticoat-lane? A. Not so much of these things, there is buying and selling of handkerchiefs and clothes.
Prisoner's Defence. These bands I bought with the intention of making a waist belt. I know nothing of the property. I am innocent. I bought them for my own use. If they had given me the opportunity I could have found the party I bought them of.
NOT GUILTY .
OLD COURT.—Thursday, April 14th, 1864.
Before Mr. Baron Pigott
MR. NICHOLSON conducted the Prosecution.
MARY ANN HARDCASTLE . I live at No. 5, Northampton-street, Lower-road, Islington—I have been residing with a person named Jones—on Saturday, the 9th of April, the prisoner came to me; she remained till about half-past 7 o'clock—about 7 o'clock Jones came in—he remained about half an hour and then left—after that a young man came in, and directly he left, the prisoner made a rush across the room at me, and stabbed me in the throat with a knife—no words had passed between us—I put up my hand to save myself, and she cut me across the back of the hand—she drew the knife from her pocket—Jones had spoken to her a few words—they were angry words rather—this (produced) is the knife—as I fell back on the ground I caught the blade of the knife in my hand—the knife does not belong to me—she must have brought it with her—the landlord and landlady came to my assistance—she had been with me ever since 3 o'clock—she lived at Hackney Wick—that is about two miles from me—we had taken tea together before Jones came in—it was merely a slight wound, about a quarter of an inch deep and two inches long—I had it sewn up.
Prisoner. Q. Did not we go out together? A. Yes; you went out with me to call upon a friend before tea—we were quite friendly together—you asked me if I knew Jones was a married man—I did not say that I bad more right to him than you had—I did not take up a chamberpot and threaten to break your head with it.
JOHN MILDRED . I am landlord of the house, No. 5, Northampton street—on Saturday evening, about half-past 7, I heard a cry of "Murder!"—I went to the prosecutrix's room and found the prisoner und prosecutrix on
the floor—the prisoner was on the top of the other—my wife went in with me—I pulled the prisoner off, and my wife got the prosecutrix downstairs—they were scrambling together on the floor—I did not see anything in the prisoner's hand—I saw no broken jug, or anything broken—the room was in disorder, and there was some blood on the floor and quilt—the prisoner was very much excited, she was not intoxicated.
GEORGE BERRISON (Policeman, N 221). I was on duty in the Lower-road, Islington—I was called to No. 5, Northampton-street, by the prosecutrix, who gave the prisoner in charge for cutting and wounding her—the prisoner made no remark then—on taking her to the station, she said, "I should be a happy woman if I had cut her throat"—I asked her where she got the knife from—she said, "I brought the knife with me with the intention of cutting her throat with it"—I asked what she wanted to cut her throat for—she said, "Because she is living with my husband"—she was very much excited—she seemed hardly to know what she was talking about.
Prisoner. Q. You did not find the knife on me? A. No; the prosecutrix gave it to me—she said she took it from you.
EDWARD WILLIAM JONES . I am a mechanic—I reside with the prosecutrix—on the evening of the 9th of April, I visited her at her room—the prisoner was there—I spoke to her—I merely asked her how she was, or something of that sort—I did not know her at first; I had had beer—I stayed there some time, and when I saw there was an ill-feeling manifested towards me, I went out to save having words—I saw nothing of the transaction.
COURT. Q. Have you lived with the prisoner for sometime? A. Yes—she had had no children by me—she was a very curious-tempered woman; always of a low, desponding state of mind—I don't think her mind is affected—she is easily excited—she did not use any violence towards me on this occasion, only by her looks.
Prisoner. He has been living with me for the last two years and more, and he promised to marry me as soon as he could get money enough to make it convenient—he brought me from a good home—I have had one child by him—I kept him all the summer while he was out of work.
Witness. We have been together about a year and five months—I did promise to marry her—he did not know I was living with the prosecutrix till this Saturday—my conduct, no doubt, has been reprehensible.
WILLIAM DASENT MILLER . I am a surgeon—the prosecutrix was brought to the station on the 9th of April—I found an incised wound at the back of her hand, between two and two and a half inches long, bleeding considerably—there was a great deal of hemorrhage from it—I staunched the bleeding and dressed it, and she went home—it was a superficial wound, not at all serious.
Prisoner's Defence. I hope you will have mercy on me. It was my first offence, and will be my last This will teach me a lesson I shall never forget.
GUILTY of unlawfully wounding.—Recommended to mercy by the jury, in consequence of the provocation. — Confined Six Months.
MESSRS. SLEIGH and GIFFARD conducted the Prosecution.
GEORGE SHEWARD . I am manager of the London and County Bank at Knightsbridge—the prisoner kept an account there—in November, 1862, he applied to me for au advance of money—I advanced him 1,200l. by discounting
two bills for 700l. and 500l. respectively—they were debited to his account; put with his vouchers and given up to him. (William Base, clerk to Messrs. Mullens, proved the service of a notice upon the prisoner and his solicitor, to produce the various bills alluded to in the evidence.) The bills were dated the 12th of November, 1862, drawn by the prisoner and accepted "William Neats"—the application was for a loan of 1,200l., and the bills were drawn in that way for 700l. and 500l., simply because we happened not to have a stamp for 1,200l.—they were four months' bills; they would become due about the 15th of March—on the 20th of March, a few days after they became due, I received 200l. from the prisoner—I carried on the loan by discounting a bill for 1,000l. drawn by him and purporting to be accepted by Mr. Neats, dated the 14th of March, 1863, at four months—that was done by agreement with the prisoner—on the 17th of July that 1,000l. bill was paid by 200l. in cash, and a renewal for 800l.—that was by agreement with the prisoner—that 800l. bill was drawn by the prisoner and purported to be accepted by William Neats—it was dated the 7th of July—on the 10th of November, the day on which that bill became due, we gave the usual notice to the prisoner, and we held the bill till the 14th of November, on which day he called and paid 100l., giving me this bill for 700l., dated November 12th, 1863, drawn by the prisoner upon, and accepted by William Neats and Son, at three months—that is the bill which is the subject of the present indictment—upon two previous occasions I had objected to Mr. Neats making his bills payable at our bank, as he had no account there—the prisoner said that Mr. Neats had no private account at Glyn's, and he did not wish to accept them for Neats and Son, as his son knew nothing about the transaction—the 700l. bill accepted by Neats and Son is made payable at Glyn's—I received it in that form—this conversation took place on the 18th of July, on the occasion of discounting the previous bill, and on an occasion subsequent to that—I did not require that it should be accepted by Neats and Son; I required that it should be payable at Glyn's—the prisoner called on me on the morning of the 16th February, 1864, and stated that two acceptances of Neats and Sons for 500l. and 700l. respectively, became due on that morning, and he proposed to pay 400l. off the 500l. bill, and to renew the 700l. bill—I suggested that it would be better to have one bill for 800l.—he then left, as I imagined, to get a new bill, to get Mr. Neats' acceptance or promissory note—this was about twenty minutes past 11 o'clock—he returned about 4, or a little after, and complained that I had not prevented these bills from being presented—I told him, in the first place, I had received no instructions from him to retire the bills, and secondly, that, even had I done so, it was too late, for the bills had been presented when he was with me in the morning—he wished to know if he should get them himself by going to the City—he said that Mr. Neats was very much annoyed—I noticed that the prisoner seemed a great deal agitated, but I attributed that to the bills having been presented contrary to his wish—he asked when we should have them back—I told him at half-past 10 the following morning—he then left, and agreed to come in the morning—he did so, and while he was with me the bills were brought back from the head office—Mr. Cutler, the accountant, in my presence, showed him this memorandum written on the 700l. bill, "orders not to pay this acceptance, being a forgery"—upon that the prisoner said that Mr. Neats had repudiated the bill because he imagined he had no bill becoming due for 700l. on that date, that Mr. Neats thought the 700l. bill was at six mouths, instead of three, and that he therefore denied its being genuine—I told
him if that were the case, he had better bring Mr. Neats to me, and he then left, as he said, for that purpose—Mr. Neats did call upon me some days afterwards; the prisoner was not present at that time; he called alone—I had seen the prisoner in the meanwhile.
Cross-examined by MR. SERJEANT BALLANTINE. Q. This 700l. bill was duly paid by the prisoner, was it not? A. Yes, it was—that is to say, we debited his current account so soon as we had funds to meet it—there were other money matters between us—it was debited to his account as an unpaid bill—I could not have given him that bill, it having been marked a forgery—I am not sure whether he applied for it—I don't know whether he did or not; but for its being so marked he could have had it—I don't recollect whether he applied for it; at all events he did not appear anxious about it—in the first instance there were two bills for 700l. and 500l.—they were reduced by the payment of 200l. and acceptances given for 1,000l,—the arrangement then made was, that there was to be a subsequent reduction of not less than 200l.—when the 1,000l. bill became due, Mr. Neats came with the prisoner; he was not a party to that arrangement—the prisoner and he came together—the prisoner came into my room—Mr. Neats remained at the counter, but seeing him at the counter, and Mr. Wykes handing me the 200l., and joining Mr. Neats, I imagined that Mr. Neats was cognizant of the transaction—Mr. Neats says that the 1,000l. hill was a forgery—there was no other bill at that time except the 1,0002. bill—Mr. Neats did not transact any business with me that day—he did not speak to me at all—he and the prisoner came together and left together—a new bill was given for 800l.—I cannot tell whether it was accepted then and there, without seeing the bill—I cannot speak from personal knowledge, whether I got the bill back again—in the usual routine it would be debited to his account, but we do not keep them, when the pass-book is made up the cheques are put into the pocket—I think that is done by all joint stock banks—I don't think Mr. Neats was present when the business respecting the 800l. bill was transacted—I should not like to say positively whether I got that 800l. bill at that interview, but my impression is that I did; in the absence of the bill I cannot recollect—it was alleged that the first two bills for 700l. and 500l. were forgeries—Mr. Neats' expression to me was that with the exception of the one for 500l., which came due on the 15th of February, that is the last 500l. bill, he had not given the prisoner an acceptance for eighteen months—the two first bills were not renewed by the 1,000l. bill, until four or five days after they were due—we had them for a few days until the prisoner called—they were presented, because they were due at our office, so that our having possession of them would be presenting them—they were not presented to Mr. Neats, nor was any notice given to him that they were due at our bank—the prisoner arranged to renew them, so that they were not dishonoured—Mr. Neats was not communicated with—the 400l., which the prisoner paid was upon the 500l. genuine bill.
MR. GIFFARD. Q. When the bill was renewed in November, 1863, was the renewed bill brought ready written, or was it drawn and accepted there? A. I cannot speak to that without seeing the bill—if I could see the bill, I could tell directly, because, if it were prepared in our office, it would be written by one of the clerks of our branch—Mr. Neats was in the office at the time the 800l. bill was given—he did not come into my room; the prisoner did.
prisoner for some years, and have been on terms of intimacy with him—we had business transactions together, and I gave him my acceptance for 1,000l, which I have got—that was in 1861—I have not got that bill here; it is at home—it came due somewhere about 17th February, 1862, and I gave a cheque for 500l., and my acceptance for 500l.—I paid that 500l. bill by a cheque when it came to maturity—that was not an accommodation matter; it was a matter of business—there were no other bill transactions between us at that date—the acceptance to this bill (looking at the one charged), dated November 12,1863, is not my writing—it was not signed by me, or by my authority—this bill for 1,000l., dated 14th March, 1863, I know nothing about—the acceptance is not my writing; it was not placed there by my authority—the acceptance to this other bill for 500l., dated August 12,1863, is my writing—I accepted that bill for the prisoner at his request—between November, 1862, and the present time, I never accepted or authorised a bill to be accepted for the prisoner, with the exception of that 500l. in August—I did not know that such bills as these were in circulation, or in existence—my attention was first called to the matter on or about 15th February last—I was telegraphed for, and came up.
Cross-examined. Q. You have known the prisoner for a long time, have you not? A. I have—he is a licensed victualler by business—I have always known him to be a very honourable man—I have had many money matters with him throughout the whole of my career, and always found him very straightforward and honest in his transactions—he rather over weighted himself with one of the houses which he took, which I was very sorry to see—that caused some monetary pressure, with which I was well acquainted.
Q. I believe you have said already, that if he had asked you to accept a bill for his accommodation, you would have done it? A. I might have done so; I have no doubt that I would have done so—if he had asked me to accept the 700l. bill, most likely I might have done it—there is one thing I should like to put to rights: the last witness made a mistake in saying that I was at the bank when the 1,000l. bill was renewed. I was not there; and I want to put that right, because it might bring my name into question—I was there on one occasion, but not at that time; it was a year and a half or two years previous—I am positive I was not there at that time, because I bad no occasion to be there—I was not at the bank in 1863; that I can declare on my oath—I was very sorry for the prisoner's position when I ascertained this was a forgery—it did not alter my friendship for him at all—I I was not dining with him when he was taken into custody; I was dining at the same table—he was not dining—he sent to say he wished to see me at the Bridge House Hotel, and I went there, and had dinner at the same table with him—I was exceedingly good friends with him—I am not the prosecutor—I am not opposed to the prisoner; quite the contrary—I have not said that he might have imagined he had authority to sign my name—I have never said that—I said at the Mansion House that he might think be could take a liberty with my name, but that he had not my authority to do it—if he had asked me to accept the bills, no doubt I would have done it, out of the respect I have for him—I did say at the Mansion House, that I thought he might have supposed he could take a liberty with my name, and I think so now, from the terms of intimacy upon which we were—he has paid this bill—I have not lost a sixpence, nor has any one else, that I know of.
COURT. Q. What made you suppose that he thought he could take a liberty with your name? A. From the long-continued friendship between us, and the business transactions we had were all so honourable on his part
—I should not trust a man to forge my name; still there was that good-feeling existing, I suppose he thought he could do so, from the honourable dealings and transactions I have had with him.
MR. SERJEANT BALLANTINE. Q. You had been in partnership together, had you not? A. There was a partnership business with us—no deed was signed—we merely bought a little property together five or six years ago—that was all conducted straightforward—that has been done with five years ago—he did not use my name then.
MR. SLEIGH. Q. Did he ever tell you that he had used your name? A. No.
MR. SERJEANT BALLANTINE. Q. Have you ever been called upon to pay anything on his account? A. No.
HENRY WEBB . I am one of the detective-officers of the City of London Police Force—I took the prisoner into custody on the afternoon of 1st March—I told him I had instructions to apprehend him for forging the signature of Mr. Neats to a bill for 700l.—he said, "I did not do it to defraud any one. I have paid the money, and having known Mr. Neats for so many years, I thought I might use his name. I have obliged Mr. Neats on many occasions, and I thought he would not mind obliging me."
Cross-examined. Q. That was said, was it not, in the presence of Mr. Neats? A. It was, and in presence of the prosecutor's son—they were together—Mr. Neats was having a chop, and the prisoner was drinking sherry—Mr. Neats heard all he said, and after hearing it, he begged me not to take him into custody; he said he would rather give anything than he should be taken into custody, and be and the prosecutor's son went to Glyn's Bank to see if they could settle the matter before I got to the station; at least, they said they would go to Glyn's to see whether they would withdraw from the charge.
MR. SLEIGH to WILLIAM NEATS. Q. Look at the acceptances to those three bills for 800l., 1,000l., and 700l., and say whether they are imitations or not of your handwriting? A. No—I mean they are not like my writing—of course they must be imitations—I should not take them for my own handwriting—they are, no doubt, intended to imitate my writing—I know the prisoner's handwriting—my name is not written in his usual handwriting.
The prisoner received an excellent character.
NOT GUILTY .
MR. TAYLOR conducted the Prosecution.
GEORGE MORING . I live in Galway-street, St. Luke's—I am the proprietor of 4, Lempster-terrace, James-street, Peter-street, Islington—on Friday night, 11th July last, Mrs. Harding, my tenant of that house, left—I was desirous of obtaining possession of the house, and went to it on the Saturday morning about 10 o'clock—I did not see the prisoner there when I first went—I saw a child about six months old in the back parlour, lying on the floor on a pillow or some rags, in a very filthy condition—it had some clothing on—it was unwashed, and had all manner of filth about it, face, hands, and everything, quite offensive—I did not see the prisoner until 5 in the afternoon—the child was left alone in the house four hours, to my knowledge, while I was in the
house—when I saw the prisoner at 5, she was somewhat in liquor—she was in the room when I returned, after having been home for some refreshment—I had been away about an hour—I found the child in the same condition in the same spot—it was not strong enough to cry; it was lying in an exhausted state; it was very emaciated—I was Dot there on the Sunday—I went again on the Monday morning, about 9 o'clock—the prisoner was there—she was quite sober then—I was there two or three times on the Monday for some hours—the prisoner bad one room—it was her own furniture, what there was—there was no bed, only a dirty mattress on the ground, and the child was lying on that—I was told that her husband is a labourer at the Docks—I saw the prisoner several times on the Monday—I did not see her intoxicated that day—the child was in the same condition that I saw it in on the Saturday—I was there again on the Tuesday, and towards evening I saw her some-what the worse for liquor—on the Wednesday, I had a request from some-body to come down to the house—I found a policeman there—the door was locked—I forced it open—I found the child still there—the police had sent for me—I had not made any complaint to anybody—I had spoken to the prisoner—I wished her to leave the house, that was all—I had not spoken to the police about getting me possession of the house; I was in hopes they would go away—Mr. Mather, the surgeon, was sent for—some milk was administered to the child, and Mrs. Molloy took it to the Workhouse.
COURT. Q. When you saw the child in this state, did you suppose it was from neglect and want of food? A. I did—I told the prisoner that she ought to take care of the child, and she said she should not leave the place, for her child was dying.
Prisoner. What he says is false, I was not intoxicated; the child had been ill ever since its birth. Witness. She was intoxicated on the Saturday, and on the Monday she was somewhat the worse for liquor.
FREDERICK WHITE (Policeman, N 333). I was sent for to the house, 4, Lempster-terrace, I believe by Mrs. Molloy—I was there when Mr. Moring opened the door—I saw the child in the right-hand corner, lying on a pillow made up of a bundle of rags—it appeared to be in a very emaciated condition—I sent for Mr. Mather; he ordered it to be taken to the workhouse, and it died two or three hours afterwards—an inquest was held three days after.
JOHN BUBBERS MATHER . I am a surgeon, of 53, Bunhill-row and Essex-street, Islington—on 15th July, I was called to the house in Lempsterterrace, and found the child in a dying condition—it was in a most filthy, offensive state, extremely emaciated, and all but dead—a bottle of medicine was standing near, of which a portion appeared to have been given, and had been ejected from the stomach, the child's linen was covered with it—I had a little warm milk given to it immediately, and then requested the persons in attendance to take it to the workhouse—it was suffering from diarrhoea—I think the death arose in part from the diarrhoea and the emaciation, in fact from inanition completely—I think the diarrhoea most likely arose from the debilitated condition into which the system was reduced—I apprehend that had been caused by want of food and care—I was not present at the post-mortem examination—assuming there was no internal disease, I do not think from the external symptoms that the child could have arrived at the state in which I saw it without great neglect.
Prisoner. Q. Do you know that the child was teething at the time? A. Yes; the diarrhoea was produced in part by that—the medicine that I saw was for diarrhoea—I cannot say whether it was a healthy-born baby or not; if the mother, during preguancy, had been in a starved condition,
that would have very great effect upon the child—the child could not possibly be nourished, if the mother was not.
JOHN ROBERT EDE , M. D. I am medical officer of the Islington workhouse—on 15th July, about half-past 1, the child was brought to the workhouse—I went there to attend it, and found it lying on a bundle of rags, in a very filthy, emaciated condition—it had evidently been suffering from diarrhoea with prolapsus ani, in consequence of the prolonged diarrhoea—I ordered it to be washed and attended to—it died about 4 o'clock that afternoon—I made a post-mortem examination next day—the brain was healthy and very little ensanguined, less than usual; the lungs were healthy, but not quite inflated, from want of power; the heart was also healthy; in the stomach we found a little food, which had been given according to my directions—that had not been ejected from the stomach after it was given; the whole intestines otherwise were entirely empty—I found no particular disease—I attribute the death to the continuance of the diarrhoea causing emaciation, and to apparent neglect.
COURT. Q. Would the diarrhoea have the effect of emptying the stomach? A. Yes—the child appeared to have been neglected—a little cold milk, and small doses of brandy and water were given to it in the workhouse—those would be proper things to give it—the dirty appearance of the child indicated neglect—that would not cause its death—the diarrhoea caused the death—I heard before the Coroner that the prisoner's husband was a labourer in the docks—I don't know what his wages are—if she had applied to the work-house, anything would have been given her—it is never refused there, even though the father was in work—I believe that is generally known.
Prisoner. Q. There were no sores about the baby, were there? A. No, nothing externally; the clothes were exceedingly dirty—it was brought to the workhouse on the bundle of rags, in order that I might see it in that state.
ARTHUR HENRY SANSON . I am a surgeon, of Angel-terrace—the deceased child was brought to me by one of the witnesses, I think, on 7th July—I was in the surgery at the time, my assistant saw it, and I concurred in what he gave it—it was medicine to check the diarrhoea—it was suffering from diarrhoea, that was caused probably in part by teething, but I judged it had chronic diarrhoea of long continuance—I could not form any positive inference as to the care that had been taken of the child—from what I saw, it seemed to be in a very exhausted condition, but I am bound to say, that a great many children have been brought to me in a state of as great apparent neglect as this child; that apparent neglect might have arisen from disease—I observed no neglect beyond emaciation and want of food—if a child is not nourished by its food, there would be emaciation; in that case, it would be attributable to disease and not to neglect—I observed nothing that I could truly call neglect.
Prisoner. Q. I believe it was your assistant who attended to my baby for a fortnight) A. Yes; I know he saw it more than once; he altered the medicine and lanced the child's gums, he also ordered a warm bath.
ANN MOLLOY . I now live in Grosvenor-street, Peter-street, Islington—in July last, I lived at 4, Lempster-terrace, in the same house with the prisoner—she had a little child about six months old—I left the house on 10th or 11th July—on Wednesday, 15th, my attention was called to the house by a number of persons being round it, I went in and found the child in a very dirty condition, lying on the floor, in the back parlour—there was no one but the child there—I took it to the workhouse—I had known the prisoner about
a fortnight, she bad not lived there much longer—she was in the habit of going out and leaving her baby, and neglecting it for several hours at a time—sometimes she would leave it alone, and sometimes with a person named Cooper, in the next room, and she very often came home the worse for liquor.
COURT. Q. How long have you known her leave the child by itself? A. I cannot say exactly; her neglect was leaving it and getting tipsy—I hardly ever saw her sober—I heard the child cry several times—I consider it was dreadfully neglected—I have known it left for two hours at a time, and then have known her come home the worse for drink—I never spoke to her about, her neglect—on one occasion, I asked her how the baby was.
Prisoner. Q. How many times did I see you while I lived there? A. I can't say—what I am stating is the truth; it was not my place to speak to you about neglecting your baby.
MARY ANN COOPER . I lodged in this house—I used to take the baby when I was at home—I am in the habit of going out to work—sometimes the prisoner would go out and leave the baby with me, perhaps half a day, and I saw to it, and fed it with milk and bread—I don't know where she went—sometimes she came home as any other person ought, and, at another time, she would come home a little the worse for liquor—I used to wash the child sometimes, and feed it, and take care of it—I have seen her wash it—I never saw her treat it unkindly—she was very poor—I believe her husband works in the docks—I don't know what he earns.
Prisoner. Q. Have you ever seen the baby dirty? A. No—I have known you some time—when you first came out of the "lying-in" hospital, the baby was a very little thing—I have never seen you so inebriated that you were not able to take charge of the baby—it was brought up by hand—I don't know why.
COURT. Q. Has the prisoner any other children? A. Yes, a daughter, seventeen years old.
MARIA HARDING . I was the tenant of this house under Mr. Moring—the prisoner was a lodger there about nine days—she neglected her baby—I have seen the child left from morning till night—I have gone in three or four times, I and my girls, and have fed it time after time—I have told her to take care of the child, and she has told me to mind my own business—I told her I was going to leave the house, and to get away as quick as she could—I have got milk and eggs for the child myself—I don't know anything about Mrs. Cooper—the child was left in the room alone when I fed it—I never saw the prisoner sober for the nine days she was there.
Prisoner. Q. Were you ever drunk? A. At the death of my husband, I could not take care of myself exactly; I don't know whether I was drunk or sober—I did not take off my wedding ring and pawn it for drink.
Prisoner. You did—I have seen your baby so dirty that I could not touch it.
WILLIAM GEORGE JUDGE (Police Inspector). I apprehended the prisoner on the 29th February—I had a warrant for her apprehension from the time of the inquest, but could not find her before then—I endeavoured to find her from 15th July.
COURT. Q. Where did you arrest her? A. As she was discharged from Worship-street police-court, that is about a mile and a half from this house—I don't know where she was living intermediately, she might have been living next door—I know her husband—she is not living with him—he works in the docks.
Prisoner's Defence. I never neglected my baby; it was a poor little thing,
and was ill from its birth. I could get nothing to eat myself. I drank no liquor, but if I took a glass of beer it overcame me; I never expected that I should bring the child out of the lying-in hospital alive.
JESSE ELIZA RORKE . I am the prisoner's daughter—I went to see her each day at the lying-in hospital—the baby was a very weakly-looking child from its birth—after she left the hospital, she used to come to see me with the baby sometimes where I was living, that was about twenty minutes walk from where she lived—I never saw the baby dirty, it always appeared to be clean—she never came to me inebriated—she has asked me for a few halfpence to get the baby food—she came one morning and said she was going to take it to the doctor's, and I gave her sixpence to pay for some medicine—I went with her to the surgeon's in Peter-street, and when we came from there, I assisted to put the child in a bath—the day before it died, I saw it put into a warm bath and its clothes washed—it used to sleep with mother and father I believe—they slept on the mattress—I have once or twice seen my mother the worse for drink—the child wore an old cotton frock, a petticoat, and a little shirt, I think that was all—it had been ill ever since its birth—it had diarrhoea—my mother used to feed it with beef-tea and milk—I have seen her give it that—I work at the mantle work, in Banner-street, Whitecross-street.
NOT GUILTY .
MR. WOOD conducted the Prosecution.
RICHARD STOUR . Until 20th February I was master of the barge "Acton," which was at Woolwich—on that day I received 42l. from Messrs. Sturman and Clerk of London—it was paid to me by John Anderson between 11 and 12—about half-past 2 I was in the George and Dragon public-house, in Ratcliffe high way—the money consisted of six 5l. notes, twelve sovereigns, and a few shillings in silver—it was in my left-hand pocket—I was passing along the Highway when O'Brien offered to give me a little dog—I told him I did not want the dog, and said, "Perhaps it does not belong to you"—he said, "Oh yes, it does," and he would give it to me—I said, "I will give you a pint of beer for it"—I did not want the dog—I took O'Brien to the George and Dragon public-house, and gave him a pint of beer for it—he did not tell me what public-house to go to—we went into the taproom—two coal heavers were there when we entered—I ordered a pint of beer with some gin in it, but I drank very little of it—I was quite sober—I was sitting alongside the table, and O'Brien was sitting near the two coal heavers, and when I got up to go aboard my ship he caught hold of me and choked me—I had paid for the gin and beer—I took the money out of my waistcoat-pocket—I had not said a word about having money—one of the others took the money out of my pocket, and they cut away and ran out of one door, and one out of the other—it was done in an instant—I hung by O'Brien, till I gave him in charge—I could not swear to the other two.
Cross-examined by MR. COLLINS. Q. Had you been anywhere after you got the money? A. Only in the public-house—I had a glass of ale there—I don't suppose I had had two glasses before that all day—I was sauntering about, but not drinking—I was not in this public-house above twenty minutes—I can't speak to the two coalheavers—I did not say a word to them—I did not rub my shoulders against either of them—as soon as I could speak I sung out that I was robbed, and the policeman and landlord came in—the money belonged to the owners.
Cross-examined by MR. LILLEY. Q. Did not one of the men sit on the other side of the table? A. Yes—I believe that was Pickett—I did not see him there when the policeman came.
MR. WOOD. Q. At the time you were choked could you see what took place? A. Yes—I saw my purse go out of my pocket, but I could not speak.
JAMES SMITH . I am potman at the George and Dragon, High-street, Shadwell—I saw O'Brien and the prosecutor come into the house between 3 and 4 o'clock in the afternoon—the prisoner called for a pint of beer and gin, and they had it at the bar—they went into the taproom—soon after the bell rang and I went in—O'Brien and the prosecutor were sitting together—another not in custody was standing up, and Pickett at another table on the opposite side of the room, about four or five yards from the prosecutor, having his pint of beer—he did not appear to have anything to do with the prosecutor—he had been there before the prosecutor and O'Brien came in—about ten minutes, or a quarter of an hour afterwards, I went in again to look round, and saw the man not in custody, O'Brien, and the prosecutor, as I thought larking or scuffling—Pickett was sitting down—I fancied something was not right, and went and spoke to my master, and we went in together—the prosecutor was then standing—the man not in custody was just coming out in a very great hurry—Pickett was in the act of coming out, coming from his seat—he was not coming very hurriedly—he said nothing to me about what had taken place—O'Brien was standing near the prosecutor—the prosecutor said he had been robbed of 50l.—my master said, "Then we must have a policeman and settle it"—O'Brien was not trying to escape—he and the prosecutor were standing close together—I went for a policeman.
Cross-examined by MR. COLLINS. Q. Did you see the two coalheavers come in? A. No, but they were in the taproom previous to the prosecutor and O'Brien's coming in—Pickett had been there some time, and was having his pint of beer and smoking his pipe—the bell was rung for a pint of gin and beer—they only had one pot—O'Brien was not struggling with the prosecutor when I went in the second time; he was standing near him—I have never seen the third man since.
Cross-examined by MR. LILLEY. Q. Did the prosecutor say he was robbed as soon as you went into the room? A. He did—Pickett was then coming out—the third man had gone in a great hurry—I saw Pickett afterwards, just outside, as I went for a policeman, and when I returned without one Pickett said to me, "There is one just gone inside," and I found one there—no charge was made against Pickett at that time—he came to the police-court to give evidence, and was then taken into custody.
MR. WOOD. Q. Which of the men was there first? A. Pickett—he is a coalheaver—the other was a coalheaver—I had often seen Pickett in the house before—he frequently uses the house, and the other men also—I have seen them all three there.
CHARLES WEBB (Policeman, A 508). I went to the house and found the prosecutor and O'Brien in front of the bar—the prosecutor said O'Brien had robbed him of 50l.—that he got him by the throat while some others took the money out of his pocket—I took him into custody—the prosecutor might have been drinking a little, or he was excited; I could not tell which; but when I saw him a little while after he appeared right enough.
Cross-examined by MR. COLLINS. Q. Who fetched you? A. The potman came and left word at the station, and I went a few minutes afterwards.
Cross-examined by MR. LILLEY. Q. Was Pickett there when you took O'Brien into custody? A. I did not see him—I was told so afterwards.
JOHN ANDERSON . I am in the employ of Sturman and Clark, of Lower Shadwell—on Saturday, 20th February, between 11 and 12 in the forenoon, I gave the prosecutor 42l. 5s. in six 5l. notes, 12l. in gold, and a 5s. piece.
PICKETT— NOT GUILTY .
O'BRIEN— GUILTY .*— Confined Eighteen Months.
NEW COURT.—Thursday, April 14th, 1864.
Before Mr. Recorder.
MESSRS. LEWIS and BESLEY, for the Prosecution, offered no evidence against WITTKOWER.
NOT GUILTY .
ALEXANDER GIBSON . I reside at Beresford-street, Woolwich—previous to January I carried on business as an antimony refiner at Commercial-wharf, Kingsland—about October, 1863, Hodson was in my service—I engaged him as the superintendent of my place at 4l. a week—that was a verbal agreement, and it was to last for six or seven weeks—that was determined by this written agreement—I told him I should give him 4l. a week, but it was not to be understood that there was to be any partnership at all—he said, "No, I do not want a partnership"—I said, "If you continue I shall give you an increased salary, or a share in the business—he was not to draw all his salary every week, but 2l. or 3l. as he wanted it—that continued for not quite three weeks, and about the middle of the third week I told him that I was not satisfied with the business; it was costing more to manufacture than what he told me—he said, "If you are not satisfied with it, and will allow me 3l. a week salary, I will manufacture 10l. per ton—I said "I have bought nearly 50l. worth of goods, what shall I do with them, if I make the agreement now?"—he said, "I will buy them of you and you can stop so much a week till it is paid, but I shall draw my salary every week"—on 6th December, we came to this agreement in writing—he received 24l. 10s. as his salary, and there was 21l. 9s. owing to me, which I have here a book to show, which was made up to him every week under the old agreement—I had a settlement with him, and he received the 24l. 10s. in satisfaction of his past services—(The Agreement, dated 6th December, 1863, was here read)—the agreement was determined on 27th January without notice—I made up the accounts, which Mr. Hudson signed—he accounted for 125l. and received 24l. in lieu of notice—I got the bills from his acceptances—up to 27th January I had a sign over the gateway, "A. Gibson and Co. antimony refiners"—it was a pretty large board; it covered the width of the gateway, so that carts could go in—there was no person in the firm besides me, but I intended to have taken in my son—Mr. Pratt succeeded me, and I left next day—I did not go to the works after that—the acceptance, Gibson and Co to this bill is not my writing—I first saw it, I think, on the Friday, and Ross and Wittkower were taken on Wednesday or Thursday—from the time I transferred the business to Mr. Pratt—I had seen nothing of Hodson—I had never given him any authority to sign my name to bills of Exchange—this acceptance is his writing; the acceptance only, I think—(Read; "January 26th, 1863, four months after date, pay to my order 100l. accepted payable at the London and
County Bank, A. Gibson and Co.")—I only know Ross, the drawer, by seeing him at the Mansion-house.
Cross-examined by MR. METCALFE. Q. Did not you answer an advertisement? A. Yes, and met the prisoner in consequence of that—I was not in business at that time—I asked him about the antimony business—I have not got the copy of my answer here—I did not discuss with him the question of a partnership; I told him I should not have a partner at all, but would give him 4l. a week salary.
Q. But the advertisement was not to find a master; you did not meet the prisoner in consequence of that advertisement, and expect to hire a servant? A. I went to see him about the nature of the business—he mentioned afterwards where there was a place in which I could carry on the antimony trade; that was the place where I have carried it on; I took it myself—we discussed the number of furnaces; he told me the number that would be required, and said that a person named Waite would put them up for 60l.—I gave him authority to have them put up, if he thought it was a reasonable price, but previous to that I had made my engagement with him—that was at the latter end of September, or the beginning of October—I met him in the Borough in the latter end of September first, and next day, I think, he took me to the place where I afterwards carried on the business—it was about two days afterwards that I gave him authority to see about the farnaces; they were begun on 3d or 5th October—they were between a fortnight and three weeks completing—I made the arrangement that I should take a place, being satisfied with the references he gave, and then I went to see the place, and gave him orders to make the contract, if it was a reasonable price—after the furnaces were put up I commenced business—I knew nothing about the business; I had been a draper in Woolwich, but gave it up to my son and son-in-law—that is the same son whom I intended to leave Woolwich afterwards, and to take into this business—on the third week after the furnaces were put up, I told Hodson that I was not satisfied with the business—that was near the latter end of October—I am looking at my own book which I kept—I have not a diary hero; this is my journal—I have no book in which I entered the first agreement with him—my solicitor drew up the second agreement—this written agreement is subsequent to the dates of all these bills—I had a dispute with him a week or ten days before this written agreement was drawn up; it was not about the part of the profits each was to take—I never heard of profits till it was set up at the Mansion-house—he was to draw 4l. a week prior to the agreement—here is an entry, at page 43, of 3l.; he drew it when he wanted it—I made this up on the day it is dated—I wrote this, "By salary 24l. 10s." on the same day the agreement was finished, after it was finished—I do not know whether I ever showed it to the prisoner—I put up "& Co." because I intended to take my son in, it meant nobody else—I have never given invoices in the name of Gibson and Hodson—this is my invoice (produced); I never sent any other out—I have had goods sent to me once or twice from two different parties, as Gibson, Hodson, and Co.; their names are Warr and Bachelor—Warr supplies me with iron, and Bachelor with potash, and he bought antimony of me—this is Mr. Warr's invoice; the "Hodson" is struck out—I compelled Mr. Warr to do that in Hudson's presence; I said, "Mr. Warr, you have put Hodson's name on this invoice"—he said, "If it is so it is a mistake of my people at home; I will scratch it out"—I said, "I shall not pay you unless you do, Hodson is not a partner of mine;" and then he scratched it out, and the next Saturday his people did the same thing, and
we went through the same form again; I should not have paid him without—I do not know whether Mr. Warr is here—on this cheque of Bachelor's here is "Hodson and Gibson, or order;" that is very like my writing, and this "A Gibson" underneath is written by me—I wrote that to send to my account kept in the name of Gibson, because I had no other account—the first transaction I had with Mr. Bachelor the invoice was "A. Gibson"—I paid him that by cheque—the next time I had goods from him to the amount of 3l. 5s.; Hodson's name was on that invoice, and I scratched it out—I told Hodson that Bachelor had sent an invoice with his name upon it—he said, "He has no right to do so"—I said, "You write to him about it"—I wrote to Bachelor and told him—I have not got Mr. Bachelor's letter with the invoice; all his invoices are different—here is one, "Gibson and Co."—I saw him afterwards and told him—this (produced) is another cheque of Bachelor's; this is "Gibson and Hodson," but I do not know anything of it—there is no writing of mine on it; I never saw it before to my knowledge—it was not paid to the firm for any goods: he did not owe me any money when that cheque was drawn—this is Hodson's writing, I believe, on the back of it—I never represented Hodson to anybody as a partner, and I told Bachelor personally that he was not a partner—I know Messrs. Jewin, of Miles-lane, City, and I do not know a person named Jacqueray, in their employ; nor did Hodson introduce me as his partner to any person in their employ, nor did we after that all three go across to a public-house together; nor did I say that I had joined Hodson, and I hoped the gentleman with us would do all he could for me—I bought plumbago from Jewin and Son, not from the party you are speaking of; he is only a porter—I do know him, I know the person I have seen here—I do not recollect going with any person in the employ of Jewin and Son, but will not swear I did not—no deposit was paid for the plumbago; what I bought I paid for in full—I do not remember anything being written on the paper when I bought the plumbago—I do not know a person named Brown, in the employ of the metal or metre manufacturers, in Kingsland-road, neither father nor son—I never dealt with the company—I have never said to Mr. Worsam, my landlord, that the prisoner was my partner—here is the receipt for my rent, made out to me simply—I dealt with Jewin and Co.—I have not told their foreman that Hodson was my partner—their bills were made out to Mr. Gibson—I only had one transaction with them—I have seen Mr. Evans, who keeps the Cheshire Arms; I have not told him that the prisoner was my partner—I know Mr. Mitlett, who applied to me for the situation of agent; the prisoner was present—I did not propose that he should act as traveller for myself and Hodson, but for me only—I have not the prisoner's book previous to 12th December; he had memorandums previous to that, and he complained that he sometimes lost them, so I gave him a book—I have none of the memorandums; he took them.
MR. LEWIS. Q. Who paid for the furnaces that were put up? A. I did—I forget the amount that was paid to me on leaving by Mr. Platt—no portion of that went to Hodson—he never claimed to have any title to any of the plant or property on the premises—he did not contribute a farthing of capital to my business—he had no authority to sign "Gibson and Hodson on the back of this cheque, and the money was not owing to me; Mr. Bachelor at that time only owed me about 13l.—Hodson has never mentioned to me that he has accepted bills in my name—the first time I ever heard they Were in existence was when Mr. Platt came, two or three days before Wittkower was taken in custody.
JURY. Q. Who ordered the goods, in the joint names? A. I did, and I told Warr I should not pay them unless he altered the invoice—the first order was given by Hodson by my authority; it was iron I wanted in the manufactory—Hodson told me that Warr was a dealer, and I said, "If it is goods we want, order them"—I think I ordered the goods in the second invoice, but I would not speak positively—I gave him authority to order iron that was wanted, because he knew the manufacturer, and I did not.
GUSTAVE LEON JARVAL . I am a bill-broker and discounter, of George-yard, Lombard-street—some time ago I was introduced to Wittkower, and had a conversation with him—I had at that time various wine warrants in my possession—Wittkower afterwards brought me this bill of exchange—I made inquiries about Mr. Gibson, and agreed to discount it in the beginning of February—I gave him the cheque for 70l. on the Imperial Bank, payable to Mr. Daniel Ross, who was present—I gave it to Ross, and two warrants, one for Geneva, and the other for sherry—it is payable to order; the word "Order" was put in by Mr. Ross the second day of the transaction—he said that if I was not satisfied with the representations he had made, he was willing to give me a new acceptance from Gibson and Co.—perhaps a fortnight afterwards Wittkower brought me two other bills of exchange to discount, which I declined to do, but put him in relation with Mr. Noakes—I made a communication to Mr. Wittkower, and went to Commercial-wharf, Kingsland, as I wished to show the alteration to Mr. Gibson; that was about 8th, 9th, or 10th February—I saw Hodson in the yard, and said, "Mr. Gibson, if you please"—Hodson said, "Yes"—I said, "Do you know this acceptance?"—he took it, looked at it, and said, "Yes, Sir, it is quite right, thank you;" I jumped into the cab and away I went—there were two or three people waiting in the yard, and as soon as he saw me he came in my way and met me two or three yards from the gate—I did not notice any sign board.
Cross-examined. Q. Did you notice any board at all? A. No.
WALTER NOAKES . I am a house and estate agent, of 3, George-yard, Lombard-street—on 10th March, Wittkower came to me with Mr. Jarval, and I went with Wittkower to Lake's Dining-rooms, Gracechurch-street—he pointed out Hodson standing at the bar on the other side, went up to him and addressed him in my hearing as Mr. Gibson—I said, "Are you Mr. Gibson of Commercial-wharf, Kingsland-road?"—he said, "Yes, I am"—I had these two bills with me; I produced them, and asked him if the acceptances were his—he said, "Yes, they are; there are bills for 500l. out, but I did not expect they would be hawked about in that manner"—I asked him to produce a card or an envelope with his name on it—he felt in his pocket and said that he had changed his coat before he left the office, and had not one with him, but if I would get on the omnibus and go with him to Kingsland, he would satisfy me—he mentioned two or three names of people in the City, who knew him, with whom he was doing business, but whose names I do not remember now—I asked him to be kind enough to write his name and address on an envelope which I produced, and he did so—this is it," A. Gibson and Co., Commercial Wharf, Kingsland-road"—nothing more passed, and I returned to my office with Wittkower—the bills were not endorsed by me then, but the endorsement, "Dl. Ross," was on them, and they were afterwards negotiated.
Cross-examined by MR. METCALFE. Q. Did not you want him to sign the same name as was on the bills to see if it corresponded? A. No; I asked him to write his name and address—he mentioned some names of gentlemen
to whom he was willing to refer, and I think I remember his mentioning Idol-lane—I do not remember the name of Mr. Blyth.
JOHN WITTKOWER . (The prisoner.) I have known Ross about three months up to this time, and Hodson six or seven weeks—Ross said that he was the holder of 500l. worth of bills drawn by himself, and accepted by Gibson and Co., and he wanted to discount them—he said that he had to receive money from the firm of Gibson and Co., and took this bill of exchange to Mr. Jarval—I recollect taking the other two bills to Mr. Jarval—I had seen Hodson in the interval, between discounting the first and taking the second, once or twice at the Hercules Tavern, Leadenhall-street—I had no conversation with him in reference to the bills—he was introduced to me as Mr. Gibson—I went out to recognize one of the papers, and saw Mr. Hodson—I said, "Are you Mr. Gibson?"—he said, "What is your pleasure?"—I showed him the two bills, and he said they were all right—I think Ross addressed him as Gibson—Mr. Jarval told me that he was going down to Commercial Wharf, Kingsland—I did not see Hodson about it before hand—I recollect going to Lake's dining-rooms with Mr. Noakes—I believe this endorsement, "Dl. Ross, "to be Mr. Ross's writing.
Cross-examined by MR. RIBTON. Q. How long have you known Ross? A. About three months—he is the son of a doctor who attended my family, and who I have known about a year and a half—I manage the discounting of bills—I am the medium to get them discounted, and sometimes I discount them myself—I first saw Ross six or seven weeks before I saw Mr. Jarval—he gave the first bill to Mr. Jarval, not to me—he gave this bill to Mr. Jarval—I had been trying about a fortnight to get these bills discounted before I went to Mr. Jarval—I went to three or four persons, and they were not inclined to discount them—I had not the bills, but I gave them the particulars, and they declined—I first saw Hodson when I came out to recognize one of the papers—Ross was not present—I know Mr. Gibson's premises—I have seen Ross and Hodson together once or twice, it may be twice, I cannot say quite positively—I saw them together at the Hercules Tavern—I believe they dined there—I was not long in their company—Hodson was there only a few minutes—he had just finished dining, and got up and went away—T heard no conversation between Ross and him—I had seen Hodson before at the wharf—I went to see Ross, and they were sitting down dining at the same table, and the moment I went in Hodson get up and left—no conversation passed—I saw him next in the same place—I have also seen him at a house I went to with Mr. Ross one evening, at the Agricultural Hall—he had to see a friend, and we went to a house in the Kingsland-road—I waited outside—he said, "My friend is not within, but he will be back in a few minutes' time"—we went in, and Hodson came in—they spoke together two or three minutes, and we went away—I did not hear a word of what he said, because they spoke in the lobby—I cannot recollect how long that was after the first time I saw them at the dining rooms—he did not call him by any name that I heard—when Hodson went away from the dining room, I said, "That is the gentleman I have seen at the Commercial Wharf," Ross said, "Yes. "
MR. LEWIS. Q. Did Ross say anything to you about Hodson dining every Saturday at Lake's? A. Yes; I told him I could do the bills at Mr. Jarval's, that he should bring them, and in case Mr. Jarval liked to recognize them I should have them till Monday, but if he liked to do them that day, to come to Lake's on Saturday, and he might meet him there by chance—I cannot recollect whether he saw the acceptance, or mentioned his name.
WILLIAM BEESON . I am a stationer, of 8, Maldon-place, Mile End-road—Ross lodged at my house up to the time of his being in custody, about a year and three months—I know Hodson by his calling to see Ross eight or ten times during the fifteen months—he may have been there perhaps a month before Ross's apprehension, but I took no notice.
JOHN MARK BULL . From information I received, I apprehended Ross on 24th February, in the water-closet in Wittkower' back yard—I said, "Come out Mr. Ross; what made you hide yourself there?"—he said, "Well, Mr. Bull, I heard you were in the house, and I did not want exactly to see you"—I told him that I was a detective officer, and charged him with being concerned, with a man named Wittkower, the landlord of that house, with giving two bills of exchange to Wittkower, one for 100l. and another for 98l. 14s. 6d. which he paid to Mr. Noakes, of George-yard, Lombard-street—he said, "That is correct," I did give him some notes, I had them from Mr. Hodson, who is a partner with Mr. Gibson, of Commercial Wharf, Kingsland road; they are right enough—I took him to Bow-lane Station—he there gave me these three warrants, one is for brandy, and another for Geneva—I asked him what he had done with the other warrants—he said that he gave them to a gentleman, named Vanburger, of Bond-court—on 5th March, I took Hodson at 4, Pownall-row, Dalston—I got into the house after some difficulty, having placed a metropolitan officer at the back, and another at the front—I went in—he was in a back sleeping-room, with his trousers on—I told him I charged him with forging the acceptance of "A. Gibson and Co. "to two bills of exchange, one for 100l. and one for 98l. 14s. 6d. and giving them to a person named Ross for negotiation—I asked him bow long he had known Ross—he said that he should answer no further questions till he consulted his legal adviser—he said, "I intended to give myself up to-day"—I said, "You, no doubt, intended to escape, only you saw that man in uniform in the back garden"—I then took him to the station, and charged him.
Cross-examined by MR. RIBTON. Q. Was there any gentleman there when you apprehended Ross? A. One or two, I believe Mr. Lewinster was there, in the front room of Mr. Wittkower's house—it is a small parlour—I did not see Ross go to the water-closet, but I searched the house—I do not think he was smoking a cigar—I will not swear.
G. L. JARVAL (re-examined). These are the warrants I gave for the sherry and geneva.
JAMES JILLAM PLATT . I succeeded Mr. Gibson—Hodson remained in my service after I took to the business, on similar terms—I paid him for work done—he passed by the name of Charles Hodson—I did not know him as "A. Gibson and Co.," nor did he tell me he used that name—Hodson was present in the office when I paid the money over to Mr. Gibson—I had the name, "A. Gibson and Co." erased, and my name put up—the board was done about February, when I went there, without my authority—I know no reason for it.
Cross-examined by MR. METCALFE. Q. Besides the board you speak of, were there not two boards up at the top gates? A. One or two—one was "Mr. Francis"—I do not remember the name on the other—there were none of mine—the gates of the works had not my name on them—there was "No admittance, except on business"—my name was over the signboard, entering the works—I had only one board—the old board was left, Mr. Gibson's name was erased, and mine was put up—I made inquiry the day afterwards, and was told that a waggon-load of coke had
shaken the board, and in consequence of hearing about some party coming the next day I made inquiry, and was told by Mr. Green that it was taken down—I did not see the prisoner after the 24th February—he absented himself from the works.
MR. LEWIS. Q. Did he leave you with notice? A. No; I did not know that he was going away—he absconded.
JOHN GREEN . I am a labourer, of Harford-street, Kingsland-road—I was employed at these Antimony Works—I entered on the work some time in October—there was a board over the gates with Mr. Gibson's name on it, and afterwards "J. J. Platt" was painted on it—it was there over night in February last, but was gone in the morning—next morning, Hodson said that a gentleman was coming—when the gentleman came, Mr. Pratt was in the office, and Hodson said he wished he could get him out—he tried all he could, but could not get him out—he said that he wished he could get him ont, so that he could take the gentleman in the office, but he did not, and the gentleman came down the yard—I could not recognise the gentleman, but he had a paper in his hand—some of this conversation was before and some after he saw the gentleman—I saw him meet the gentleman in the court-yard, and speak to him—he came back, and said that he had earned more money that morning than he could earn in the next twelve months—the board with Mr. Platt's name was put up again, but not on that day—there was no alteration in it when it was put up—I know of no damage to it before it was taken down—Hodson told me nothing about it.
Cross-examined by MR. METCALFE. Q. Did not you go on to ask him how he earned the money? A. No; that was nothing to do with me—I was not asked to repeat the conversation till I went to the Mansion House—I was working for Mr. Pratt—I begun when Mr. Gibson left—I came from South Staffordshire, not near Tamworth, but Wolverhampton—I have worked near Sir Robert Peel's—I defy any man to bring anything against me; no charge has ever been made against me, either of perjury or poaching—I have never been in custody, or hada month's imprisonment for beating a game-keeper, nor was I charged with it, nor for killing a dog—I left Staffordshire through my sister coming up here—I buried two children, and my wife was ill, and I wanted to get her into a London hospital.
FREDERICK ROBARD . I am a labourer at the Antimony Works—Mr. Hodson told me to take down the board, as be wanted it repaired and cleansed) and put in front of the gate, and I took it down—Mr. Pratt's name was on it—there had been a name painted out and another put in a few days before—Hodson said nothing about what answer I was to make if I was asked who took the board down.
Cross-examined by MR. METCALFE. Q. Did he tell you that a waggon had knocked against the post supporting the beam? A. No; but there had been several against it—it was at the entrance-gate to our factory—that is not the entrance into the premises—he said that he was going to remove it to the front of the road.
COURT. Q. Was it put up in the same place afterwards? A. Yes.
MR. METCALFE called
CHARLES WORSAM . I am the landlord of Commercial Wharf—I remember Mr. Gibson doing business there, and Hodson being there too—Hodson took the premises of me in his own name, before I knew Mr. Gibson—it was in September quarter—I wanted a deposit of 10l. of Mr. Hodson, and he said that he would bring a friend—about a week afterwards, Hodson introduced Mr. Gibson to me, as a gentleman who was going to join him in partnership his the antimony business—that was in Gibson's presence—they both went to
look over the premises, and said that they would call again in a few days—they called together a few days afterwards, and Hodson said that they had engaged together to enter into the antimony business—I wished them every success, and they said they had come to pay me the 10l. deposit—I am quite sure that Hudson spoke of Gibson joining him on both those days—they then went into the counting-house with me, and Mr. Gibson said, "There is only one thing I wish to do, Mr. Hodson, as partners do not always agree, I should not like to be bound to take these premises at six months' notice; if you will allow me to leave at three months' notice, in case I should not agree with Mr. Hodson, I should feel obliged"—I rather objected to that, and Mr. Hodson overruled him, and said, "I shall be able to get another gentleman to join me in case Mr. Gibson should not like it, and therefore, Mr. Worsam, I do not think you have any reason to trouble yourself; and in that case I agreed to three months' notice instead of six—on other occasions I have heard Gibson speak of Hodson as his partner.
Cross-examined by MR. LEWIS. Q. When did you first have any conversation with Gibson? A. When he first called and Hodson said he was about to join him—I did not make a note of it—it was a few days after quarter day; in September, I think—it was before I received the deposit.
Q. This receipt is 1st October, that is, only two days after quarter day, when you received the deposit; will you swear you never saw Gibson before he paid you the deposit? A. Yes—Hodson came first and looked at the premises—it must have been three or four days after quarter day that Hodson introduced Gibson as a gentleman about to join him in partnership—Mr. Gibson has not spoken to me about the partnership; but when I have asked him anything, he has said, "You go and ask my partner"—I mean to say that—that was several times—they were both there daily for four months—I do not think, but I am satisfied in my own mind, that Hodson was a partner—I did not think they were joint tenants of the premises, because Mr. Gibson asked me to give him the receipt in his own name; but I thought they were partners right up to the time of Mr. Gibson leaving—I did not call him his partner a few days before he sold the business to Mr. Pratt, as when they disputed together, Mr. Gibson said, "Mr. Hodson is no partner of mine," and I said, "Well, I did not know that before"—that was about a week before Mr. Platt came in, which was on January 9, 1864 (looking at the receipt)—up to that time, I believed Hodson was a partner, and I did not believe that he was not, even when he told me so—I never received a shilling for tenancy from Hodson.
MR. METCALFE. Q. Have you any interest in this matter? A. None—I have no claim against either party, and I knew nothing of either of them before—I have let the premises now to Mr. Platt—my name was always written on a board, "Worsam, Engineer," and both Gibson and Hodson asked my leave to strike my name out, and they wrote "Gibson and Co." on the board—I have also done work for Gibson and Hodson, and have sent in my bill in the name of Gibson and Co.
COURT. Q. YOU say that they began to dispute about a week before 29th January, how shortly before that did Gibson make use of the expression, "Go and ask my partner?" A. I should think a fortnight before, because I sent him in a bill, and there was a dispute about the account—Mr. Gibson said, "I will get my partner to look over it, and I will pay you"—I cannot tell dates, but it was about a fortnight before they left—the small bills I made out on Saturday night were taken into the counting-house, and Gibson said, "I will ask my partner if it is all right, and I will pay you."
SOLOMON LAZARUS . I am in partnership with Mr. Evans, as lead-smelters, at Queen-street, Bethnal-green—Mr. Hodson waited on me to sell a large parcel of antimony, and I had samples—I went to the factory, and saw Mr. Gibson; and on one occasion I went, and Hodson said, in Gibson's presence, "This is Mr. Gibson, my partner," and Gibson said that he should be very happy to do business with me—I told him his price was very high, but I would see what I could do with the parcel—if Hodson had come to me for five tons of goods, I should have let him have them, as a partner.
Cross-examined by MR. LEWIS. Q. When was that? A. Before Christmas, soon after they commenced business—I understood that it was their first parcel of metal—I had no book account—Gibson was quite close to Hodson and me when he said he should like to do business with me—I cannot recollect what time in December it was Mr. Hodson's mother came and spoke to me about it—she said that Mr. Hodson told her that I had been down there, and that I could prove a partnership—she did not remind me of the words—I have a recollection of them from that time.
JURY. Q. Was it the early part of the week, or the latter part? A. I should be very sorry to say exactly—it was not on a Sunday—I went several times to see Hodson, and saw Gibson; and on one occasion Hodson came out, and said, "This is Mr. Gibson, my partner"—I have not had business with them on several occasions—there was one little parcel of antimony bought, and the receipt given in the joint names—I did not pay it.
MR. LEWIS. Q. Have you got the receipt? A. No, nor have I ever seen it; it was not my transaction, it was Mr. Evans's.
FREDERICK DELACOTB BLYTH . I am a metal-broker, of Fenchurch-street—I did business with Hodson first, and he afterwards brought Mr. Gibson to my office and said, "This is Mr. Gibson"—he said nothing about his being his partner then, or why he introduced him, but he had told me so previously, though not in Gibson's presence—Mr. Gibson never said that he was a partner—I paid one amount to Hodson, which he signed for as "Gibson and Co."
ALFRED BACHELOR . I am a metal-refiner, and have had several dealings with Gibson and Hodson—Mr. Gibson has said that they were jointly together doing business transactions—I have called there, and he has said, "Mr. Hodson, my partner, is not within, and I cannot tell you the price of the metal you want to know"—on another occasion I called with a gentleman, and Mr. Hodson was not within, but Gibson said, "I am Mr. Hodson's partner"—this cheque (produced) is in my writing; it is not the only one; I have given twenty or thirty—this (another) was given on 18th December—it was not ready money, it would be some time before, I should imagine—it was for antimony supplied to Gibson and Hodson, or Hodson and Gibson.
Cross-examined by MR. LEWIS. Q. When did Mr. Gibson speak about his partner Hodson? A. About two months before Christmas; somewhere about November when I called—it was when they were just commencing work—I do not know when they commenced, but it was about three months before Christmas—this invoice (produced) is mine—I saw Hodson on 7th October, and he told me to make it out to Mr. A. Gibson only, as they had not yet commenced partnership—I sent in this invoice to Gibson and Hodson on 23d October—Mr. Gibson did not tell me to scratch out the word" Hodson, "or write to me to that effect"—the cheques that I was paid went through my bankers—I have no doubt this cheque signed "A. Gibson" is one I received, but it does not bear my endorsement; it does not require endorsing—I paid it through my bankers; it is for 3l. 5s., and bears the
same date as the invoice—here is a cheque for 38l. on 18th December—I cannot say to what amount I was indebted on that day to Messrs. Gibson and Co.—I think this is the balance of what I owed; I should not draw the cheque for more than I owed for—I dealt with the firm only—if I went to deal with Mr. Gibson, and he could not give me the price of the goods, it was necessary to see Mr. Hodson—I have not lately bought iron of Gibson which had no reference to the business with Hodson—I know Mininett; I always understood his name to be—that is him—I have not told him that I knew Hodson was not a partner.
MR. METCALFE. Q. Have you any claim against Gibson or Hodson? A. No, nor any interest in the matter.
LEWIS FRANKLYN . I am carman to Daniel Jutsum and Sons, of Dye Mills, Bermondsey—the firm have done business with Gibson and Co., of Commercial-wharf—when Mr. Gibson came to me he introduced a card to me with "A. Gibson and Co." on it, and said, "We have just commenced business, and shall very likely want a large quantity of your goods; here is the card—I filed it—I have sent a dozen bills to him in the name of "A. Gibson and Co."—I have my books here to prove it—I never saw Gibson but once; that was the first time he came—I have told you all that took place—I concluded he was a partner.
Cross-examined by MR. LEWIS. Q. Had you known Hodson before? A. Yes—he must have introduced Mr. Gibson to me, or I should not have known him—this receipt I produce is dated 27th October—that was, I believe, the first transaction.
ARTHUR SMITH . I am a machinery-broker and metal dealer—I know Mr. Bachelor—I went with him in my cart the round over London—we put in for shelter, and Mr. Bachelor said, "Let us go and see Hodson and his partner"—we saw a gentleman there who was represented as Mr. Gibson—I believe that is the gentleman (Mr. Gibson)—I dried myself in front of the fire, and Mr. Bachelor said, "Mr. Gibson, Mr. Hodson's partner," and then we all had some conversation about some railway shares—I do not think Gibson made any remark when Bachelor introduced him as Hodson's partner.
Cross-examined by MR. LEWIS. Q. Had you known Hodson before? A. Yes, five or six years—I sheltered myself underneath the furnace; Gibson and all of us ran in together out of the rain—there was no bowing.
EDWIN WARR . I am an iron-merchant, of Bethnal-green—I supplied Commercial-wharf and delivered forty or fifty parcels of goods there, and little papers with each, in the name of Gibson and Hodson; but the "Hodson" was scratched out; Gibson scratched it out before my face, or I might have scratched it out—he said that it was "Gibson"—these are dated the 26th and 28th, but it does not say of what—these others are October 19th, 23d and 24th—after five or Six weeks the name of Hodson was put on the others; that was while Mr. Gibson was there—I never saw Mr. Gibson, except on Saturdays, when I went for the money, and he sat there and paid it, both before the alteration of the name and afterwards.
COURT. Q. What is the amount? A. 3l. 11s. and 4l., and there are many others, 19l., 23l., and 24l.; they were delivered on an earlier date—the 4l. was on 31st October—it would be for these goods with no date except "26" and "28"—I cannot say whether those were the two first transactions; there might have been some before as well as after.
MR. LEWIS. Q. Did not Mr. Gibson tell you, when you produced those
two invoices for payment, that until you scratched out the name of Hodson be would not pay? A. Until I scratched it out, or until he did.
HODSON.— GUILTY .— Six Years' Penal Servitude.
ROSS.— NOT GUILTY .
445. JOHN WITTKOWER and DANIEL ROSS were again indicted for feloniously forging and uttering acceptances to 2 bills of exchange, for 98l. 14s. 6d. and 100l., with intent to defraud;upon which no evidence was offered.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution.
SARAH BLANKING . I am the wife of Henry Blanking, of 5, Philip-street, Back-church-lane—on 12th April, I was on Tower-hill, about half-past 11 at night—I had a brooch outside my shawl, in front; it went away in some way, and the shawl was torn slightly—I saw the prisoner there, but did not speak to him or he to me—I was flung into the road, but not down—I followed the prisoner, and never lost sight of him till I gave him in custody, as he had a smock on—I am sure he is the man—he appeared to be very drunk—he did not try to get away; there was no one there but ourselves—I asked him several times for the brooch, but he made no reply—he snatched it—it was not found; it was worth 2s.
The prisoner's statement before the Magistrate—"I was drunk. I do not know whether I ran, against the woman or not. I never made any attempt at the brooch or anything else."
SARAH BLANKING (re-examined). I cannot say whether he intended robbery, but he seized the brooch—I do not know whether he had it in his hand—I cannot say whether he did it with the intention of robbing me. Prisoner's Defence. I did not steal it; I was merely passing by.
NOT GUILTY .
THIRD COURT.—Thursday, March 14th, 1864.
Before Mr. Common Serjeant.
447. JOHN MAUGHAM (22), and ALEXANDER SMITH (19) , Burglariously breaking and entering the dwelling-house of Joseph Wells, and stealing therein 1 hydrometer, 2 pistols, and other articles, his property; to which
SMITH PLEADED GUILTY .— Four Years' Penal Servitude.
MR. COLLINS conducted the Prosecution.
JOSEPH WELLS . I keep the Coach and Horses public-house, High-street, Whitechapel—on 12th March I went to rest at 1 o'clock in the morning—I shut the house up myself, and saw it all safe—I had at that time in the bar an hydrometer, some pistols, a magnifying-glass, a watch, and some money—my brother called me at ten minutes to 4, and I went down stairs—I found the drawers and desks ransacked, and everything in disorder—I missed some cigars and other things—the parlour window was open; it had been fastened by two screws inside, which had been withdrawn and laid down inside—that window was screwed down when I went to bed—the prisoners were at my
house at the time I was closing—these things (produced) are mine; I saw them at the police-station on the same morning—the value of the things taken is about 16l.
GEORGE WELLS . I am the prosecutor's brother, and act as barman—on 12th March I went to bed before him—I was called about a quarter to 4 by the policeman—I came down stairs and saw some cigar-boxes on the desk, and a lot of burnt matches lying about—I did not see the window till my brother came down—I found the side street-door open; that could be opened easily from the inside, not from the outside—I know one of the prisoners very well; the other I have seen about three times before.
WALTER CORNWALL . I live at Wadbury, in Suffolk, and am a labourer—on the morning of 12th March, about half-past 3, I saw the prisoners about a hundred yards from the prosecutor's house—they were walking away from it—I knew them by seeing them at Mr. Well's—Smith had a bundle under his arm—I passed between them—I am quite sure they are the men—I afterwards went and informed the prosecutor what I had seen.
JOHN BAILEY (Police-sergeant, H 1). On the morning of 12th March, the prosecutor came to the police-station about half-past 5, and made a complaint, in consequence of which I went to the public-house—I found the bar all upset, pieces of burnt matches and boxes lying about, and the drawers forced—I afterwards found this screw-driver in one of the drawers, and it fitted the marks—the tap-room window was down, and the screws laid on the window-ledge—any person could get in there—from a description of the persons whom the prosecutor said were in the house the night before, I went to the Moon coffee house, and saw the prisoners in bed together; that was about half-past 6—I said to Maugham, "Where are your clothes; I want to look in your pockets?"—he said, "Oh, there they are"—I got his trousers on the foot of the bed, and in the right-hand pocket I found 14s. 1 1/2d., mostly in coppers—under the pillow, where he was lying, I found these pistols and magnifying-glass—I then searched Smith's trouser's pockets, and found 10s. 33/4d. in silver and copper; most of that was copper—he got out of bed and dressed himself, and then gave me these two handkerchiefs out of his coat pocket—under the bed I found the hydrometer and the cigars—I took the prisoners to the station—on the way there I said to Smith, "Well, I am surprised to see you in this position," having known him and his parents for some time—Maugham could hear what was said—Smith said, "Well, I can't help it, it's my parents' fault for letting me have too much money and time to get about; I hope they will give me ten years and send me out of the country"—when I first went into the room, I told them I wanted them for entering Mr. Well's public-house in Whitechapel, and stealing a quantity of property—I named most of the articles—they made no answer—all the property is recovered except a little of the money.
JOSEPH WELLS (re-examined). The money I lost on this night was in coppers and silver—there were three packets of coppers in a drawer, which was broken open, and also some coppers in the till, and on a shelf—I should think I lost about 25s. worth altogether.
ALEXANDER SMITH . (the prisoner). Maugham knew nothing whatever of this robbery—when I had done the robbery, I met him and another man up Whitechapel—they said they were going to have some coffee and rum; they
came down the road with me, and I paid Maugham 10s. which I owed him—I saw Cornwall, but I don't believe he knew either of us—there were three of us together—there was young Morris; he was before the Magistrate twice—the second day he had Beard, and then he was discharged—before I went out of the prosecutor's house at night, I unscrewed the two bolts, but did not take them out then—I afterwards pushed them out with a pipe, opened the door so as I could get away quick, and then done the robbery—that was somewhere about 3 o'clock—I then came out with the things and met John Maugham and John Morris about 100 yards from the place—I had not left Maugham above an hour before this—we had been together all the evening, and we went to bed together—Maugham was in front of the bar at the time I unscrewed—the bolts, with about fifteen or twenty more people—the gas was out in the tap-room.
MR. COLLINS. Q. How much did you pay him altogether? A. Ten shillings, 5s. in copper, done up in a packet—he took the paper off.
MAUGHAM— GUILTY .**— Four Years' Penal Servitude.
MR. LANGFORD conducted the Prosecution.
EDWARD NEEDHAM . I live at 3, Henry-street, Ratcliffe, and am a rigger in the prosecutor's service, Mr. Henry Vane—his premises are at the corner of Noah's Ark-alley—on Saturday, 27th February, I locked the warehouse up—I was the last person there—I am quite sure that I made everything safe, and I saw the property there then which we afterwards lost, two bolts of canvas and twelve brushes—I am foreman of the works—I was not there first on the Monday morning; it was one of the young masters—he is not here—I got there at half-past 6—they opened at 6—when I got in I found the place had been disturbed; nobody else had noticed it—no one else has anything to do with the business—I noticed that the canvas and brushes were gone—there is an alley runs down the side of the wall of the premises, and a timber-yard, and anybody could get up if they were lifted by another person, or could get over by getting on to the wood, and there is a dog-hole there which the dog used to go through, and any man can get through that—I can crawl through myself and open the premises easily—there was no breaking whatever—they withdrew the bolts and opened the doors—the door leading to the wall in Noah's Ark Alley was opposite the White Hart public-house—I know Price, the potman there—on the Monday morning he pointed out the prisoner to me in the street, near the White Swan—I never saw him before.
HENRY HARDY . I live at Union-street, Narrow-street, and am in the prosecutor's service—on Monday morning, 29th February, I was the first person who went to the warehouse after the front doors were unlocked—I got there between 6 and 7, before the last witness—young Mr. Vane was with me—the door which leads into Noah's Ark Alley was unbolted—I got to it from the inside—I communicated that fact when I came out to breakfast at 8 o'clock.
EMANUEL PRICE . I am potman at the White Hart public-house, Queen-street, Ratcliffe, which is opposite the back part of Mr. vane's warehouse—I first saw the prisoner between 9 and 10 on 27th February—I was standing outside our public-house, and my attention was called to some man dropping from the wall in Noah's Ark Alley, adjoining the prosecutor's premises—I looked up the alley, and I heard another man drop; it was dark and I could not see them then—I then saw four men come down the
alley—the first one bad nothing in his hand, the second had a bolt of canvas under his arm, and the third, who was the prisoner, also had a roll of canvas, the other one had some brushes—there is a gas-lamp outside our house—I went inside—the master and mistress were out, or I should have followed them—I told my young master and a young gentleman who was there—about half-past 11 on that same night I saw a policeman and spoke to him, and on the Monday morning about half-past 10 I told Needham, and pointed the prisoner out to him.
Prisoner. Q. On 29th February, when the policeman fetched you to recognise me, what did you say? A. I hesitated for a moment, because you were sitting down, and you had a large jacket on, which you did not have on the night I saw you, and I thought you were too short, but when you stood up I said it was you—I did not say I believed you were the man.
COURT. Q. Are you sure he is the man, or do you only believe it? A. I am sure of it—I have not the slightest doubt whatever in my own mind that he is the man.
JURY. Q. Did the men come over to your side of the way? A. No—the roadway is seven or eight yards across—they were exactly opposite—I did not see the faces of any of the other men, they turned round, I suppose, when they saw me—the prisoner did not see me, and did not turn his face—the alley is a thoroughfare—there is a good traffic there in the day, not at night.
DONALD MCKAY . On Wednesday, 2d March, about half-past 8 in the evening, I took the prisoner in Commercial-road, Ratcliffe—I told him I should charge him with being concerned with three others, not in custody, with breaking into Mr. Vane's warehouse, 12, Narrow-street, Ratcliffe, and stealing two bolts of canvas, and twelve brushes—he said, "I know nothing about it; if you wanted me, you could have had me before"—I said, "I have been looking for you since Monday"—I took him to the station—he was searched, and I found this knife and a key upon him—I examined the warehouse—there was room enough for a man to get through the dog-hole.
Prisoner. Q. On 29th you asked a man named Jack Hook, where I was, and he told you, did he not? A. Yes.
The prisoner's statement before the Magistrate: " All as I have got to say is, 'I am innocent. '"
Prisoner's Defence. I am entirely innocent of this affair. I know this policeman who was after me. If I bad done this crime I had an opportunity of going away.
NOT GUILTY .
JAMES TATTOO . I live at 6, North-street, Whitechapel, and am a carman—on Monday, 4th April, I went to bed between 11 and 12, I bolted the doors as usual—the back door was closed and bolted, but the window I am not certain about—it was closed, but it may not have been fastened—my property was all safe—at 4 o'clock on the next morning the policeman called me and told me the door was open—I went down and found the street door open, came up again and found the first floor back window also open—I came down again, called the policeman, and we both went up stairs together, looked out at the window, and found a ladder outside on the wall—we then went down into the shop and I missed the clock and several pounds of tea and sweet, a pair of small scales, and a weight—they had all been safe the night before—I next saw some of them at the station on the same morning—I knew the prisoner
by sight previously—a person getting up the ladder could open the window and get into the house—that window was shut the night before.
THOMAS HALL (Policeman, K 231). On Tuesday morning, 5th April, I was on duty in Little North-street, Whitechapel, about a quarter to 2—I saw the prisoner and another man, not in custody—the prisoner was carrying a bundle—I stood at the corner of a court—the prisoner dropped back against the wall, the other man passed me—I went after the prisoner; he went down a very dark court which leads into the Whitechapel-road—I went through the court and saw a bundle lying close to a public-house door—I then saw the prisoner creeping along by the shops—I went after him, and brought him back to the bundle—I asked him what he had in his bundle—he said, "A clock"—I asked him where he got it from—he said a man had given it him to carry through the court—he was eating something, and I asked him what he had there—he said a few sweets the man had given him who gave him the clock—I found a lot more sweets on him at the station—on the way there he dropped some tea for about 100 yards—I also found a pair of scales, a weight, and a knife on him, where I first saw him was about fifty yards from the prosecutor's house, I suppose.
Prisoner's Defence. I was coming down Whitechapel when I met this man, who said, "Don't you live down that lane." I said, "Yes." He said, "Will you carry this clock for me?" I said, "Yes." He said, "Will you have a few sweets?" I said, "I don't mind," and he gave me some. He said, "Put the clock down at the bottom of the court, and I will come down and fetch it" I did so, and the policeman took me into custody.
GUILTY .— Confined Twelve Months.
ROBERT BLACK . I am a draper and clothier of 36, Hill-street, Knightsbridge—I know the prisoner—he came to me several times, and wished me to become a subscriber to Stubb's Mercantile Institute—the last time he came was on 24th July—he said he was an agent and canvasser for Stubbs, and it would be very much to my advantage to become a subscriber—the two first times he came, I refused to become a subscriber, but the last time he came he presented the institution in such a form that I thought it would be to my advantage—he said for the accommodation which I could receive there, my annual subscription would be two guineas—he then said, "I can take the subscription"—I said, "No; I should prefer to pay it to Mr. Stubbs's personally, I must connect you with that institute"—he said, "Will you pay me the commission?"—I said, "Stubbs's people will, no doubt, pay you your commission"—he then said, "I shall take your name into the office, and in the course of a day or two, a collector will call from the office, no doubt, and receive the money"—he then went away—on the Thursday following the Friday that he called, a person came ; my brother was at home, but I was not—he called again the next day—I was at home, and he said, "I have come for the subscription to Stubbs's, according to your agreement, which you promised last week"—he presented me with this receipt—that person is not here—I paid him two guineas—he said that the papers would follow in the course of a day or two—the papers did not come in three weeks, and I then went to Stubb's Institute to inquire how it was they were not forthcoming, and on presenting them with the receipt, they said it was a forgery—I heard nothing more of the affair, till I saw the prisoner in the street about 26th or 27th February last—he was in a house and I was in the street—I called to him and mentioned the matter to him—I said, "You are
Stubbs's agent, are you not?"—he said, "Oh, no; I do not know anything at all of Stubbs"—I said, "Don't you remember calling on a person named Black, at 36, Hill-street, Knights bridge?"—he said, "No, I don't remember it at all"—I said, "I know you perfectly well, and you must come along with me to the police-station"—he said, "Where is the police-station?"—I pointed to where it was, and he said, "I am just going in the very opposite direction "—I caught him by the hand, and said, "I shall go with you wherever you go"—after walking a little way we met a policeman, and I gave him in charge upon a warrant, which I had received from Mr. Dayman, the Hammersmith police Magistrate, for obtaining money under false pretences.
Prisoner. Q. Did you see any remarkable difference in me at the time you saw me, after six months had expired? A. The last time that you called upon me for the subscription, was in August, and I saw you several times before that—I am not aware that there was any striking difference in your appearance—I can't remember whether you had a beard and moustache in August—you had none when you were taken.
COURT. Q. Are you sure he is the person? A. Perfectly sure—I bad long conversations with him—he ran away when he was taken by the policeman, and I recaptured him.
Prisoner. I ran away to get to my landlord's house for him to come and be bail for me.
Prisoner. Q. Do you see any change in me at all? A. No, not much difference.
GEORGE TILLYER (Policeman, V 429). The prisoner was given into my custody by Mr. Black—I told him he would have to go to the police-station—he said, "Very well, Mr. Black has made a mistake in the person this time"—he walked with me till he got to the top of the street, and then ran away, trying to escape—he jumped over a wall about five feet high, into a large garden—as he was coming over the opposite side Mr. Black caught him—I took him to the station—he said nothing more.
Prisoner. Q. Did I not state that I did not know Mr. Black? A. Yes, I have said that—on the day you went to the police-station I was going to put the handcuffs on you, and you said, "There is no occasion for that; I only ran away because I wanted to go to my landlord's house to get bail"—that was on the next day, not on the same day.
GEORGE FILDES . I live at 12, Gresham-street, and am manager of the canvasser's department at Stubb's—the prisoner was in our employ in 1861 and 1862, as an agent—I know him by the name of Maguire—the last time we paid him money for services rendered was in June, 1862—I don't remember seeing him after that till I saw him at the police-court—in the position he held, he was not authorized to receive moneys, or give receipts—his duty was to obtain the signatures of the parties upon whom he called, to an order, and to bring them to the office, and then he received his commission when the money was paid—in August, 1863, he had no authority to receive moneys for the Society—this receipt is not one of our forms—the name Charles E. Stubbs is not Mr. Stubb's writing—he was dead then, and there was no other C. E. Stubbs in the office—we never received the two guineas from Mr. Black.
Prisoner. Q. Had you ever any reason to complain of my conduct when I was with you? A. No—I believe all the other orders you brought in were satisfactory and bonafide.
Prisoner's Defence. The prosecutor has mistaken the party altogether. I have never seen Mr. Black or his brother before, nor do I even know the locality where they represent themselves to live. As regards the receipt I never received the money for it; he paid another person the money. If I had wanted to receive the money I should have given him a bonafide order to fill up from Mosers. Stubb's, and he says he never had that. I ran away from the policeman, as I stated before, to get bail. I was under the impression that if I was taken to the station I should not be able to do so.
GUILTY .— Confined Six Months.
MR. KYDD conducted the Prosecution.
HENRY SHIELD . I am a lighterman at 132, Long-alley—early on the morning of 9th March I was in Long-alley, outside the prosecutor's door—they shut at 12—it was after the time of shutting up, and I went up the court to the back yard door—I found it open—I could not get in and I went into the water closet—I then heard two men's voices, whispering—I did not hear what they said—I don't know what became of them—the closet is in he yard, and the men were in the yard—the doors of the house were all hut—I called out, "What are you doing there?" and the men ran away through the back yard door—the house had not been disturbed at all.
Cross-examined by MR. HORRY. (For Rushton). Q. The men got out of your sight? A. Yes—I met the constable Cook about two or three minutes after that, coming towards Long-alley from Liverpool-street—I told him what had happened—I did not see the men taken.
JOHN COOK (City-policeman, 125). I was on duty in Bloomfield-street, on 4th March, in the neighbourhood of Long-alley—I saw all three of the prisoners together, coming out of the end of Eldon-street, about a quarter past 2 in the morning—they were walking in a hurried manner—as soon as they had passed me, I saw the last witness, and from what he said I followed them up Liverpool-street, and took Rushton into custody—I halload out" Stop thief," which brought several other constables to the spot—Arnold and McDermott ran up towards Bishopsgate-street—Eldon-street is about twenty or thirty yards from Malpass's beershop—I pursued Rushton along New Broad-street, and while doing so I saw him throw something away—I apprehended him—I took him back to that place, and found this chisel (produced)—two other constables then brought up Arnold and Mc'Dermott—these galoshes were found in Rushton's pocket, with two knives, a door key, a watch and chain, and some silent matches.
Cross-examined. Q. Were not the prisoners remanded two or three times? A. Yes—I gave my evidence on the first occasion—the other officers were there, but did not give evidence—6 G was one of them—he was not examined till the last occasion—it was about two minutes after the prisoners passed me that I met Shield, not more—as soon as I raised the cry of "Stop thief," the prisoners ran—I was within a few yards of Rushton when this chisel was thrown down—they were not all running together at that time—Rushton was alone; the others had ran up Liverpool-street.
CHARLES KING (City-policeman, 673). I searched Arnold—as I was going into the station with him, he stooped down on his left side, and let this jemmy fall out of his left hand into mine—I said, "What is this?"—he said, "It is mine, and you would not have had it if I had got rid of it before"—I also found on him these galoshes and knives (produced).
GEORGE GOODYER (City-policeman, 639). I searched McDermott, and found on him a dark lanthern, a gouge, a case knife, a pair of galoshes, and some silent matches—as soon as I got him to the station he took all the things out of his pocket and said, it was no good his trying to conceal them; if he could have made away with them he would have done so; and that I was a better man than him, or I should not have caught him.
McDermott. Q. Did you give this evidence before the Magistrate? A. I was never asked any questions.
McDermott. Q. Did you go away directly you saw us? A. I passed on about two hundred yards, I believe, and saw you at the end of Long-alley, near the public-house—I told my brother officer about you, shortly afterwards—I do not know the time you were apprehended; it might have been 2—I did not give my evidence at the police-court, because there was quite enough without.
WILLIAM LARNEY (Police-sergeant, G 30). I was near the White Swan public-house in Long-alley, about twenty minutes past 12, and saw the prisoners together—I found this tin (produced) in the prosecutor's back yard—it was lying on the opposite side to where it had been removed—it had been taken from the kitchen window—the putty was all freshly cut from it—the tin had been put into the window instead of a pane of glass.
JOHN COOK (re-examined). There is putty on this jemmy—I fitted it with the marks on the window at the prosecutor's, and to the putty, and it corresponded exactly—there is also some putty on this knife.
McDermott. Q. Why did you not state that at the police-court? A. I was not asked.
RICHARD MALPASS . I keep a beer-shop in Long-alley—there is a kitchen at the back of the house, where an iron square had been put in in the place of glass—it had been in some months, and it was taken out between 1 and 3 on this morning—it was fitted in with putty—this is a part of it—it was found in the yard—I was called up by a lodger and a policeman—I came down and saw Shield and the policeman at the door, and I then examined the window—it was all right at 12 o'clock, when I shut up—the back shutters had been tried—the kitchen opens into the beer-cellar, not into the house—everything was secured when I went to bed.
Arnolds Defence. I picked the jemmy up. I don't know the use of it. I put it in my pocket. I could have put it away if I had liked.
McDERMOTT and RUSHTON— GUILTY .**— Confined Eighteen Months' each.
ARNOLD— GUILTY .— Confined Nine Months.
452. THOMAS HOWARD (30) , Unlawfully procuring Johanna Fagan, aged fifteen years and three months, to have carnal connexion with her. Second Count, for a like offence, by administering a certain drug; Third Count, for a common assault.
MESSRS. METCALFE and BASLEY conducted the Prosecution, and MESSRS. SLEIGH and ORRIDGE the Defence.— GUILTY on the First Count. — Confined Two Years.
OLD COURT—Friday, April 15th, 1864.
Before Mr. Recorder.
453. THOMAS McCARTHY (48), Was indicted for breaking and entering the warehouse of Richard Duke, and stealing 51 bolts of canvas, 1 coat, and 1 box, his property, and PETER TATTON (32), Feloniously receiving the same.
MR. LEWIS conducted the Prosecution.
JOHN PYER . I am clerk to the Magistrate of the Thames police-court—I produce my minute book of the evidence given by Tatton against McCarthy—McCarthy was at first charged with the unlawful possession of this property, and Tatton appeared as a witness, but who charged him I cannot say—Tatton was the only witness that day—this is my original minute of his examination—(Read: "I am a rick cloth manufacturer at 92, Leman-street, Whitechapel—on 10th December the prisoner called with a sample of canvas, representing fifty bolts—I declined dealing—he called again in the afternoon, and brought a sample at 1s. a yard—I gave him 10d. for the lot—he delivered them at my place next morning—I produce one of the bolts—the others are delivered back—I don't know how the prisoner got possession of the canvas.
Cross-examined by McCarthy: I never had any business transactions with you before—I have known you by sight for twelve or fourteen years—you did not ask 15d. a yard—I bought it at 10d. a yard, bating 1/2d. a number—you said you were selling for a party badly off, and must have cash—when I offered you 10d. per yard you said you would ask the party—I had no bolt as a sample—I had only a quarter of a yard—you called again and said the party would take my offer—I said you might send them in when you liked, to which warehouse you liked—you went with me to Christmas-street, Spitalfields—I did not tell you to bring them at 7 o'clock in the morning—I received forty-nine bolts at Christmas-street—I did not see them delivered myself—the money was paid by two cheques, one for 30l. and the other for 46l. 15s.—the 30l. cheque was cashed, not the other—I did not know the goods were stolen for fourteen or fifteen days after, when Mr. Dukes called—when I found the property was stolen I came to your house—I did not say I would lag you if I did not get the 15l. back—I did not bring the man in a cab to your house—I did not come drunk and insult your wife—I did not say I would lag you in a public-house if I did not get my money back—I told you to deliver the goods when you liked—you gave me two receipts for forty-nine bolts of canvas—your wife returned me the cheque—I paid the man 20l. the following Saturday evening—your wife had 3l. 10s. and 3l.—the last sum I paid you was 9l.—I did not say I had no objection to a 5l. note if I saw my way clear—I did not notice four or five men at your house—you gave your receipt in the name of E. Simons and Co.—I knew your name was McCarthy, but I understood you were a commission agent. By the Magistrate: I never had any caution that the canvas was stolen—Andrews spoke to me three weeks after the goods were returned—this was in the end of December or beginning of January. "It was not on that occasion that Tatton was removed from the witness-box, and put into the dock; it was at a subsequent day, the next week, I think.
Cross-examined by MR. PHILIPPS (with MESSRS. FRANCIS and MONTAGUE WILLIAMS for Tatton). Q. Can you charge your memory how long after? A. No, not definitely, it was on the remand; my book will show; he was remanded for eight days, from the 15th, I think, to the 23d, but I cannot speak positively.
GEORGE MCDONALD . I am warehouseman to Richard Duke, sail cloth maker, of Lower-east, Smithfield—I left the premises on the evening of 9th December, from half-past 6 to 7 o'clock—I left no one there, I was the last there—I closed the warehouse—I should think there were about 400 bolts of canvas on the premises when I left—I returned about half-past 7 next
morning—I undid the padlock, and then began to undo the warehouse-door; instead of turning it twice, as I usually do, I only had to turn the catch, and the door flew open; I had double-locked it the night before—when I got in I missed a quantity of canvas, which I had seen there the night before I left—I could not at that moment tell the amount; it was about fifty-one bolts—one of the desks in the counting-house had been forced open, the drawers were open, and papers lying about—no entrance could have been effected at the back—the padlock must have been taken off and put on again—I gave information to the police—on 29th December, I went to Messrs. Morrisons, of Norton Folgate, to make a purchase of some goods; I there accidently saw some bolts of canvas, and recognised them as belonging to my master, which I had left in the warehouse the night previous to the robbery; there were about twenty-seven or twenty-eight there—on the following day, the 30th, I went to Tatton, and there saw twenty-one more bolts, which I also recognised as my master's property—I told Tatton they were my master's property—he said, "As I hear they have been stolen, as a man of honour I shall give them up"—I took all the canvas home with me that evening, the twenty-seven bolts and the twenty-one—I afterwards took stock of the canvas—there were then about three bolts missing—I went to Tatton next day and told him so—he said he had cut them up for tarpaulins, but as a man of honour he would pay for them—the value of the whole of the canvas was about 130l.—the first quality is about 17d. per yard, the second quality about 14d., and there were two bolts of about 11d. per yard—the twenty-one that I saw at Tatton's were not in the same state as when they were on our premises, they had been undone and done up again—any one could tell they had been undone—there was no alteration in the numbers that I am aware of.
Cross-examined by MR. PHILIPPS. Q. How many qualities have you got in this canvas? A. There are generally about five qualities; we mostly have four or five qualities in our warehouse—they vary in price a good deal; No. 2 would be about 16 1/2. d., and No. 3, 16d.; it falls a half-penny a number up to 7 or 8—we are continually getting it in and out, sometimes we have a great quantity in the warehouse, and sometimes not so much—some of this canvas might have been in the warehouse two or three months, some a week, and some a fortnight—we are continually getting them in by railway and by steam-boat from the makers at Dundee—most of this canvas we had had about a fortnight—it was bought in different lots—we buy of the manufacturers—we have a stamp put upon our canvas from a tin plate, not our name—it is, "Extra twice-boiled Navy"—that is a stamp used in the trade—I put this on myself—different warehouses have different stamps—I never saw one like ours—I will not swear there is not any—it is for the purpose of denoting the quality—this is the stamp I identified it by—there is no ticket upon this—there were others with paper tickets on them—Mr. Duke's name was not on them, only the number of yards—the value of the canvas stolen was about 130l. to us as sellers—I can't tell what my master gave for it—this (produced) is a second quality canvas, worth about 14d. a yard; at the present time it would be worth more; three months ago, it might have been worth 1s.—we sell to the trade at a less price than to general dealers—I saw a book at Tatton's, he showed it to me, I saw an entry of the sale of three bolts—he said that he bought the canvas of a man named McCarthy, in Nightingale-lane—T was aware that Tatton had seen Mr. Duke before I saw him—canvas does not very often come to us in a dirty state, it comes in bales, with a wrapper over it to keep it clean—it may get dirty in the warehouse
—if I was going to buy canvas, I should examine it to see if it was injured—we should not open it, just look at it—if we did examine it, we should untie it and tie it up afresh—it is not usual to untie it, if it comes from a manufacturer—if a bolt of canvas like this was brought to me for sale, I don't think I should open it to look at it—if it was duty outside I should do so, and then I should relay it in the best way I could, for the purpose of sale afterwards—the twenty-one bolts I saw at Tatton's, had been undone and tied up again.
MR. LEWIS. Q. In what condition were the bolts of canvas when you last saw them at your warehouse? A. Quite clean—those I saw at Morrison's on the 29th December, were very dirty—those I saw at Tatton's, were clean outside, but dirty inside—that was twenty days after the robbery.
JURY. Q. At what per yard do you reckon the canvas to make 130l.? A. There were forty-two yards in a bolt, and we reckon a bolt to cost from 2l. 16s. to 3l., the average would be 16d. a yard to come to about 130l.—it was in consequence of something I heard at Morrison's, that I went to Tatton.
COURT. Q. Is it the practice to put those bolts in a press, and then have them tied? A. If they are going to be shipped abroad they are put in a press, but if they are for sale in London, they merely put a string round them—that would not alter the shape of them—these have not been put into a press—there were from thirty-five to forty bolts of the best quality.
McCarthy. Q. Did you look round the warehouse on 10th December, and see how many bolts you missed? A. We could not tell how many we missed till we took stock—on the Saturday, 11th or 12th, we had some bills printed previous to taking stock—we took a general average of what we missed—we advertised forty-seven bolts—the book Tatton showed me looked like a day-book, in it was an entry where he had sold three bolts of canvas, and got paid for them—that was all I saw in the book—the number on the bolt does not denote the quality, only the thickness of the canvas—we lost about seventeen of No. 1, about twenty-three of No. 2, of the best, and then some Nos. 5 and 6, I think—there were some No. 3, they were very common, two bolts at 11d.—Tatton told me he had paid you 75l. for the canvas—he said, "I paid 75l. for it to a man named McCarthy, in Nightingale-lane.
HUGH ANDREWS (Policeman, H 62). About 11th or 12th December, as I was coming out of a pawnbroker's shop, I met Tatton—I said, "lam glad I have seen you, it will save me the trouble of going to your shop; I suppose you have heard of the robbery of the canvas at Lower-east, Smithfíeld," pulling out a paper with a written description—there were no bills out then—he said, "Yes, I know all about it; one of your people called at my shop the night before about it"—I think the bills were printed two or three days after the robbery, I got part of them to circulate—I put one of them within fifty yards of Tatton's place, just on the opposite side of the street—there were two at the station-house, one on each side of the gate—that is about 150 yards from Tatton's house, and there was one in a baker's shop, on the opposite corner of Hooper-place, close to his place—about four or five weeks after the robbery, I met Tatton in High-street, Whitechapel—I told him I had heard the canvas was found—he said, "What will you have to drink? "—we went into the Angel public-house, and bad a glass of half and half with him.
Cross-examined by MR. FRANCIS. Q. The canvas had been given up at that time? A. I heard so—I am not sure whether it was the 11th or 12th that I first saw Tatton—I will not be certain as to whether or no the bills
had then been printed, I had not seen them—the paper I showed him was a written paper that I got from the inspector—I have known Tatton about six or seven years—I believe he is in a large way of business—I have known him pretty well all that time—I have often been in the habit of meeting him—I never knew anything against him before.
LEWIS RANDALL . I live in Bruton-street, Pimlico—I am salesman to Russell and Co., factors—on 14th December last, Tatton deposited twenty—on bolts of canvas with us, they came in his own van—they were re-delivered one the 29th—Tatton did not communicate with me before the re-delivery, he sent an order—I have not got it here—it has been mislaid—I have looked for it—he sent back part of some goods that he had bought of us, and requested the delivery of the twenty one bolts—he had deposited the bolts along with other goods in exchange for sacking for making corn and flour sacks—part of the bolts were numbered 3, part 4, and part five—they were in good order when deposited with us—we did not open them at all.
Cross-examined by MR. PHILIPPS. Q. What did you value the canvas at? A. We did not make any arbitrary value of it, because it was not sold, it was simply deposited as security—I have an invoice here of Tatton's, which says that they are on sale or return, also a letter stating that the canvas was not sent to us for sale, except at the prices that he placed upon them—it was simply sent as security for goods bought of us in the usual way of business with him—I have known him for some time—we have dealt very largely with him within the last three or four months.
COURT. Q. Were any prices named on the paper? A. Yes, and we were not to sell except at those prices—they are: "Four pieces, No. 3 canvas, 9l. 14s. 10d.; seven pieces ditto, No. 4, 16l. 16s. 4 1/2d. and ten pieces 23l. 5s. 10d.—that would be 14d. per yard for No 3, 13 1/2d. the next, and 13d. the third.
DAVID BARCLAY . I am salesman to Mr. Morrison, of Norton Folgate—on the morning of 11th December, Tatton came and said he had a lot of flax canvas for sale, which he had had in stock for three months, and which he offered at 14 1/2d.—he said he would take goods in barter for it—14 1/2d. for No. 1, 1s. 03/4d. for No. 2, and 11d. for No. 3—I remarked when he offered them at those prices that he had surely made a mistake, it being out of the regular course of selling flax canvas, that it was usual only to drop a half-penny per yard—he said that it cost him that price three months ago—I agreed to take the canvas at the price he offered upon seeing a sample—twenty-seven bolts were delivered at our warehouse the same afternoon by two of his men, with this invoice and note at the bottom: "My quotations for 2 and 3 were quite a mistake"—I received this note also: "I made a foolish mistake to Mr. Barclay in quoting the canvas 2 and 3; they cost me the price I charged you three months ago"—the invoice price is 14 1/2d., 14d., and 13 1/2d.—I remarked, on seeing the bolts, that it was Courser's make—he said, "I won't say whose make it is"—Courser is a well-known maker—it was the best canvas that was manufactured by them—this note is Tatton's writing (Read; "To Robert Parsons, 11-12, 1863. Sir,—He pleased to refold and mark lengths in Nos. on canvas: No. 6 mark No. 5, No. 5 mark No. 4, No. 4 mark No. 3, and deliver same to my order. Yours, &c, Peter Tatton. ")
Cross-examined by MR. FRANCIS. Q. YOU know nothing about that document, do you? A. No, I only speak to the handwriting—it was early in the morning of 11th December that Tatton came to me, somewhere between 9 and 10; in proper business hours, in the usual manner—it was I who told
him he bad made a mistake in the quotations—the twenty-seven bolts that I had had not been refolded; part of them had a mark and part were without mark, merely the manufacturer's ticket on it—it was rather dirty, or it would have been more valuable, because the price of canvas does not vary a good deal; it has within the last eighteen months, but it has been stationary for a long time—twelve months ago I bought the same canvas at 14 1/2d., and at that time the manufacturer's price was 16 1/2d.—we buy to sell again—a good deal depends upon the condition of the canvas—I gave up the canvas on 31st December, at Tatton's request—it was a barter transaction—he left the canvas on the agreement that he was to have goods, and that agreement was carried out—I have only been with Mr. Morrison two years and a half; during the whole of that time I have served Tatton—our transactions with him have not been very considerable; about 2,000l. in that time—we never bought of him previous to that date; he bought of us.
ROBERT PARSONS . I am in the employ of Mr. Allen, who carries on business at 15, Hill-street, Finsbury, as a calenderer and maker-up—I have seen Tatton two or three times—I received this document on 11th December—in consequence of that I refolded some canvas; it was afterwards fetched away, I suppose Tatton sent for it—it was what they call sail-canvas—I don't know the maker—I numbered and relapped twenty-one bolts—they left our place on the 14th.
Cross-examined by MR. FRANCIS. Q. Are you in the habit of relapping canvas? A. Yes, it is my business; I do it for tradesmen and persons dealing in canvas—we don't often do these things, it does occur sometimes—we do it for the most respectable houses in London—the outside being soiled would be a cause for its being relapped—I renumbered the canvas in accordance with the instructions—I cannot say whether or no I obliterated the old numbers.
COURT. Q. Do you generally renumber when you relap? A. Not at all times; we follow the instructions on the note—we put the same number on again—we do very little of these—I expect the number denotes the quality—the delivery-book was signed when they were delivered up.
RICHARD DUKE . I am a sailcloth-factor in Lower East, Smithfield—on 9th December my warehouse was broken into and some of my canvas stolen—I first heard of it again on 29th December, and I went to Mr. Morrison's—I there saw twenty-nine bolts of canvas—Mr. Morrison made a communication to me, in consequence of which I went to Tatton's, and saw him—his solicitor, Mr. Orchard, was present—I asked him whom he had got the goods from—he said from an agent who was selling them for a principal who wanted immediate money—I asked him the party's name—he said McCarthy—I asked what he gave for them—he said 75l.—he then asked what I wanted—I requested the restitution of my property—he referred to his lawyer, Mr. Orchard, who immediately said he had no alternative but to give it up to me—he complained of the probability of losing his 75l., but he consented at once to give them up on the following day—he said he had sent the other twenty or twenty-one to Messrs. Russell's, in Old Fish-street—he returned forty-eight bolts the following day—I immediately said there were three deficient, and wrote him the value of them—he made an appointment for me to go there the following day to receive a cheque for the amount of the three pieces—I calculated those three pieces, I think, at 16 1/2d. a yard—he paid me at that price 8l. 4s. 6d. for the three.
Cross-examined by MR. PHILIPPS. Q. You knew Tatton in the trade, did you not? A. No; I never saw or know him before—he told me at once
that he bought the canvas from an agent, whose principal wanted to realize immediately.
THOMAS BARNES (Policeman, H 10). Q. I was instructed to make inquiries about this canvas—in the course of those inquiries I called at Tatton's shop on the morning of 11th December; I did not see him there—I distributed bills of the description produced, headed "Burglary," in the neighbourhood—I think on the morning of the 12th I put them on the police-station, and at the baker's on the same side of the street as Tatton's, at a public-house just opposite, and also at a tobacconist's—the persons put the bills in the window—I saw them there, and I saw one at the public-house opposite for a week afterwards.
LUCY LARMAN . I live at 26, Nightingale-lane, Lower East Smithfield—I know M'Carthy—he lived in the same house; he had two rooms—he left on 2d January—I have seen Tatton there; the first time was, I believe, about 13th or 14th December, I can't exactly tell which—he was up stairs in M'Carthy's room; I saw him several times after that, at least two or three times—I saw him on the Thursday, the last day of December—the first time he was there there were two or three people there; I was not in the room—I heard something said about a crossed cheque that M'Carthy had crossed; the cheque that Tatton had given him—that was said by the men who were along with them in M'Carthy's room—I can't say whether M'Carthy was there then or in the bedroom adjoining.
Cross-examined by MR. FRANCIS. Q. Was the first time you saw Tatton at M'Carthy's place the 13th or 14th December? A. Yes; not before that I am aware of—it may have been the day before—it was on the Saturday morning, I am quite sure of that—it was about 8 o'clock—I am sure of it, because it was on the Friday night that the men were there—at the time they beat M'Carthy—it was there I heard something about a crossed cheque—Tatton was fetched on the Saturday morning; I had never, to my knowledge, seen him before that day, and I never saw him after the 31st December.
JOHN M'CARTHY . I live in Queen-street—the prisoner M'Carthy is my father—I recollect seeing Tatton at my father's rooms about 12th December—I have seen him there three or four times—I recollect my father being beaten by three men in his rooms—they asked him for the cheque; I think they said it was for 45l.—they said it was theirs; they did not say who had given the cheque—I should know the men if I saw them again—I have seen Tatton with those same men; that was the next morning at our house—I have seen him with them more than that time; I saw him there two or three time afterward—two men were present then; one of them was one of the men that beat my father—I can read—I do not know my father's hand-writing.
Cross-examined by MR. FRANCIS. Q. Tatton was not present when the men beat your father? A. No; I am quite sure of that; he came the next morning—he has been with his own men; I think that was about the 14th—I knew him; he was not the man that beat my father, and was not present—I am quite sure that after Tatton came with his own man I saw him with one of the men that had beaten my father—I think it was the next night after he came with his own man; I don't know his man's name—Tatton did not come alone afterwards—he came with two men, who beat my father—those men were not there before he came—I swear that—nobody was present then but Tatton and the two men; my father was out—that
was about the 14th—my mother was at home—she saw the two men and Tatton come. M'Carthy. Q. Have you ever seen any men come to our house before that? A. No—I have seen other men come; I can't say in what month or what day other men have come—these men came, I think, on the 12th December—I don't know what made me think it was 12th December; I made no entry of it—I don't know what day of the week it was—nobody has told me to say it was the 12th—I know what day of the month this is, April—I know Dunaway, the policeman; he has been to our house several times while you have been away—he does not come nearly every day—he has talked to me about this affair—he did not tell me it was on 11th or 12th December—he said I should have to go up to the court—he has been to our house about twice a week since you have been away; I was not there every time he came—my mother has not talked to me about this matter; she never told me what day of the month it was—she has spoken about you being in prison—I forget what she has told me; she told me something about the matter; I can't say what—I don't know whether the 12th December was on a Friday or Saturday, but I think it was Friday—you and Tatton have known each other for some years—I was in the habit of going to Tatton's house—I went to school with his son, and was in the habit of going to play with him—I can't mention any day or month that any other persons called besides Tatton and these men—I don't know what day of the month Christmas-day fell upon last year; I think it was the 25th—Dunaway never talked to me about this matter but once—I never heard him say anything to my brother about it—he asked my brother to write out some statement for him—I was there when my brother wrote it—Dunaway did not dictate to him what he was to write—he said he was to write out what he knew—Dunaway has given me some money more than once; he gave me about 2d., and he gave my mother 6s. in my presence—I don't know when that was.
WILLIAM M'CARTHY . I am the prisoner's son—I think this letter is in his writing; it looks like it—(Read: "23 March, 1864. To the Sitting Magistrate. Honourable Sir.—Please pardon me for addressing you. It is true I have sold this canvas with a knowledge of its being stolen, but had no hand or knowledge of the stealing it. If you pledge your word to give me my liberty, I will give information and prosecute the six men who stole this canvas, which are the greatest gang of burglars in London. Thomas M'Carthy.")—I am going on for twelve years of age—I recollect my father being beaten by some men; it was about 12th December—they struck him with a life-preserver, and wanted to search his pockets—they said he had got a cheque belonging to them, and they would not leave him till they had got it—I know Tatton—I have seen him at my father's house three or four times—he came there the next morning after my father was beaten—he came by himself—there were some men there before he came; there were four men there—I never saw them before—I and my brother did not remain in the room, we went down stairs—I recollect Tatton coming afterwards; he came two or three times afterwards—he came one night, and said Mr. Duke had got his canvas back, and the men had promised to pay him part of the money; and if my father would promise to give him 10l, he would square it up with him; and if he did not give him 10l., he would split—I don't know when that was; it was in the same month, in December—it was two or three weeks after.
Cross-examined by MR. WILLIAMS. Q. How do you know it was 12th December that the men came to your father's house? A. I think it was the 12th—Tatton came the next day—when Tatton said Mr. Duke had got his canvas, he said that it was a great loss to him; that he had lost 75l. by it.
McCarthy. Q. What day of the week was it that the men came to our house? A. I don't recollect the day—I don't know whether it was the 12th or not, I think it was; it was at night—Tatton was not there then; he came next morning—nobody told me this was on the 12th; Dunaway did not—I think it was the 12th, because it was two or three weeks before Christmas—I have seen gentlemen come to see you besides those men—I can't tell the day of the month that they came—Tatton came the next morning after the men had been—it was not on a Sunday—I have seen Dunaway at the house where I am now living five or six times—he has not talked to me about this affair—he has never said a word to me about it, nor has my mother—this is 15th April—my mother has told me about your being in prison, and what it was for—I am out from 7 or 8 in the morning till 7 or 8 at night—some-times I have seen Dunaway after I have come home at night—he has given me no money—he has given my brother money—I don't think he has given my mother any.
PORTER WILLIAM DUNNAWAY (Police-sergeant, H 11). I took McCarthy into custody on 14th March, at a public-house in Clerkenwell—I said to him, "You will be charged, with others, for stealing forty-seven bolts of canvas from No. 40, Lower East, Smithfield, on 9th December"—he said, "I shall say nothing; what I have got to say, I shall say before the Magistrate"—he afterwards said, "Dunaway, you need not take me if you don't like; I can tell you of two or three jobs that will pay you better than this"—I told him I should take him to the station—I called a cab up, and took him to Leman-street Station—I afterwards went and took Tatton—I told him he would be charged with receiving forty-seven bolts of canvas, well knowing the same to be stolen, from Mr. Duke's place, 31, Lower East, Smithfield—he said, "It is no use for you to take me; Mr. Duke won't prosecute. Come and have something to drink"—I said, "No, I shall take you to the station," and I did so—I then went and saw the prosecutor, came back to the station, and said to Tatton," I have seen Mr. Duke, and he states that at the time you gave the canvas up to him, you promised to find McCarthy. and that you would prosecute him"—McCarthy was then present—Tatton said, "So I will, and I will have my solicitor down at the Thames in the morning for that purpose"—he did charge McCarthy, and appeared at the Police-court on the following day, and gave evidence against him—on the 23d, I apprehended him again at the Thames Police-court, and told him again that he would be charged with stealing thirty-seven bolts of canvas from Mr. Duke's place, in Lower East, Smithfield—he said, "Who will charge me?"—I said, "I will" he said, "You had better let my solicitor know; I have a counsel inside"—I said, "Very well, I will let him know," and I did so.
Cross-examined by MR. PHILIPPS. Q. Have you the prisoner's books in your possession? A. A policeman has them in Court.
McCarthy. Q. Did you ask me to give information to you of six men? A. No; you said you wished to write a note to the Magistrate, and a sheet of paper was given to you by the gaoler for that purpose—I did not give you anything to drink on that occasion—I did not give you any brandy or beer—you had some beer, but I did not give it you—you had not any brandy to my knowledge—on my oath, I did not see you drink any—I positively deny
giving you any brandy or beer to drink—I brought you some bread arid meat—I saw you drink some beer, but not brandy—I will swear I did not bring the pot of beer to you from the public-house—I did not go out and get it; the potman came in with it—I did not get you to write that note—I did not come to you and say I would get you over this affair if you would tell about the other men—you said to me, "Will the Magistrate let me go?"—I said, "He will never do that; but it might be considered if you gave information about the six men"—as to saying I could get you off, I did not, because I could not—I have called at your house on several occasions while you have been away—I have not talked to your wife and the boys about this matter—I asked her to let the eldest boy come, by the Magistrates desire.
MR. LEWIS. Q. Was that in the presence of McCarthy? A. Yes—he asked me how it was I had not the elder boy, and I said the reason I did not order him to come was, that he was in a place earning a little a week, and it was all they had to depend upon; the family were starving, and I thought it was a pity to bring him away—the Magistrate then desired me to get a subpoena against him to have him at the Court, and I did so—I had not possession of the books until after the prisoners were committed for trial. (One book showed an entry of 49 bolts of canvas on 11th, for 76l. 15s., the figures 49 being written on an erasure.)
McCarthy's statement before the Magistrate: "I sold forty-nine bolts of canvas to Tatton. I acted as an agent in the matter."
MCDONALD (re-examined). The twenty-one bolts that I afterwards saw at Tatton's were numbered 3, 5, and 6—I can't say whether they had been renumbered.
RICHARD DUKE (re-examined). The lighter numbers had been relapped refolded, and remarked with different numbers—the original numbers were left inside—they had been relapped—the marks outside did not correspond with the marks inside—they varied a halfpenny a yard in greater value.
McCarthy (to MRS. LARMAN). Q. Was I confined to the house at all? A. Yes, for a week after the men beat you—I can't say how long exactly—you did not leave the house—one of the men brought Tatton to the house.
MR. LEWIS (to PORTER WILLIAM DUNAWAY). Q. Did you give any money to McCarthy's wife? A. I first advanced her two shillings—on one occasion she said she should have been starved if Mr. Duke had not been kind enough to send her four loaves—I advanced her six shillings afterwards, because she was so distressed.
McCarthy's Defence. I have no friends, or I could prove that Dunaway did bring me that beer and brandy. My family want to send me away. The two boys have been put up to swear against me. To speak to a certain day four months ago, it stands to reason that two boys of their age could not state any day without being put up to it, and told the day; but they are so well trained, that I believe they cannot be broken down. I believe my wife would be very glad if I was sent away for a little time. As to that letter, the policeman gave me brandy and beer, which, after three weeks' starvation in prison, had such an effect upon me, that I could not tell what I was doing. He said if I would write such a letter, it would be the means of my getting off better; but he only got me to write it that I might commit myself. He has been in the habit of coming to see my wife where she now lives, and giving her and the boys money. Young boys like those would not, perhaps, know why he came; but they want to send me away.
In like manner, the entry is made in my name us sold, some on the 11th, and some on the 14th. I was not out of doors, or able to get out, for ten days after, so that I could not have been at Taltors. I was in bed up stairs when the men were there, and don't know what took place.
TATTON received a good character.
McCARTHY— GUILTY .**— Judgment Respited.
TATTON— NOT GUILTY .
MR. DALEY conducted the Prosecution.
GEORGE MARTIN . I am clerk at the Justice-room, at Guildhall—the depositions taken on 24th March are here—two persons named Finch and Powell were brought there in custody—the charge would appear by the charge-sheet at the station-house—there was no charge-sheet signed at the Justice-room—Finch and Powell were examined on oath—the Magistrate or myself always have the charge-sheet on the desk—I do not write down the charge, merely the prisoner's name—I never write down what he is charged with, unless I have some special reason for doing so—I did not in this case, certainly—they were remanded—if I had the depositions before me, I could say to what day—(the depositions were ordered to be sent for)—there was no warrant in the case of Finch and Powell; they were brought in custody—I have not my original minutes here, but these depositions were copied from them, and I examined them myself, and know them to be a correct copy of my minutes—the entry of remand is in Mr. Davy's, the second clerk's, handwriting—the original minutes are at the Guildhall—I have not seen any attorney for the prosecution in this case; I only received my suboena at 1 o'clock to-day, without telling me what I was to prove or produce, or anything about it.
THE COURT considered that, in the absence of the proper documents, there was a failure in the evidence, and directed the JURY to find the prisoner
NOT GUILTY .
NEW COURT.—Friday, April 15th, 1864.
Before Mr. Common Serjeant.
MR. WOOD conducted the Prosecution.
CHARLES CATES , I am a lighterman, of 9, Thomas-place—on the afternoon of 2d March, about ten minutes to 6, I was in Ratcliff-highway, near Old Gravel-lane—the prisoner, Burgess, came behind me and put his hand in my right hand trousers' pocket—I looked over my shoulder, and said, "All right mate; I know you; you have picked my pocket"—I grasped his hand in my pocket, and tried to hold it—I lost that, and turned round and caught him by the collar—he up with his fist, and struck me on the right eye—I saw him when he struck me—it was this one with the light coat—he gives the name of Burgess—I called out, "Jack!" two or three times, and" Police!"—the other prisoner directly gave me a violent blow on the neck—that was the first time I had seen him—I was then surrounded by six or eight men
and women, and received several blows—Burgess turned down Little Gravel-lane, and I pursued him—John Platt was close to me—when it took place we were walking side by side—I was knocked down a second time in Old Gravel-lane by Buckley—Piatt came and released me when Buckley and another one had got me down in a corner close to the Dock-gates, and were ill using me—I got before them, and saw Burgess walking a little distance ahead, with his coat off and under his arm—I saw two policemen on the opposite side of the road—I then got close to Platt again, and saw Burgess walking on—we walked behind him—the police came up, and I gave him in custody—there is a bridge there—I lost sight of Buckley, but have no doubt of his identity—I was sober—I have been a teetotaller four years—I lost a half-crown and a florin.
Cross-examined by MR. SHARPE. Q. Were had you been? A. I had just left the office in Tower-street—I did not pay away anything after that—I had not looked at my money—the first thing that called my attention was the man jumping on my back—I should say that his legs must have been off the ground by the way he was on my back—he had one arm round me, and one in my pocket—his legs were not round my waist—I had never seen Burgess before to my knowledge—I had on a pair of mole skin trousers; the same as these—the flap was not turned down—the men did not tumble against me—when I was examined before, I did not think Buckley was the first who struck me, I said that he was the second who hit me—Ratcliff-highway is straight down, and Gravel-lane is perpendicular to it—I had passed a few yards beyond Gravel-lane—I lost sight of Burgess for a second or two—they did not detain me more than a moment in the Highway before I got into Gravel-lane—Platt followed me—Burgess was walking twenty yards ahead of me in Gravel-lane—after I had been knocked down a second time I went towards him with Platt—I was attacked in a corner, where Platt came and pulled Buckley off me—I was engaged a minute or two in that corner; it was not three or four minutes—when that was over I went on with Platt straight down Gravel-lane, and saw the man. I say was Burgess, about fourteen yards off, with his coat under his arm—Platt seized him, and took him in custody—it was then about ten minutes past 6—I saw the time coming down the Highway, and it was not ten minutes past then—at the time Burgess jumped on my back Platt, was side by side with me.
Cross-examined by MR. TAYLOR. Q. How many policemen have you seen in this case? A. Two of the K division, and a Thames policeman, who took Buckley—I have not spoken to any others—they said nothing about Mr. Smith, the solicitor—Mr. Smith did not take my evidence, but he came to my place, Thames-street, Poplar, a month ago, to ask me if I wanted a solicitor—I told him I would give him an answer up here on Monday—No. 303 K, brought a female to the Police-court next morning, but I could not identify her—she was dressed differently—I had not seen anybody before I was attacked from behind—I had this overcoat on—the man's left arm was round my neck—I cried out, Jack! Jack! on missing my money—up to that time I had neither seen nor heard anything of Buckley—Pratt then said, "What is the matter?"—when Burgess jumped on my back, he said, "I know you mate," as I looked over my shoulder—I was rather angry at his jumping on my back in that way—I did not fall down then—we had a little scuffling, and he escaped, and went down Gravel-lane—I then saw Buckley in the Highway—there was a little crowd at the beginning of Gravel-lane—there were two or three women—there was fighting down the lane—
when the police first appeared, the crowd halloed, "Down with them; keep them down," and" Boot them"—I do not think I heard the crowd cry, "Shame"—this happened on Wednesday evening, and I next saw Buckley on the following Monday night; five days afterwards—I believe I had seen him once before this night—when I spoke to the police about it, I did not hear them say, "Oh, we know the man"—as soon as I gave Burgess in charge, I made my way out of the crowd to avoid further violence, and walked to the station.
MR. WOOD. Q. Have you any desire to convict either of the prisoners if he is not the man? A. No—I believe I saw Buckley eighteen months or two years ago—I stayed about a minute in the Highway, during that time I saw both the prisoners, and that enables me to swear to them.
JOHN PLATT . I am a lighterman, of 17, New-street, Poplar—I was with Cates on 2d March, walking down the Highway in conversation—I missed him, and saw him some distance away, singing out, "Jack! Jack!"—I went back, and he pointed to Burgess, and said, "That man has picked my pocket my "—before he could say the words, one of the party struck him, and Burgess ran away—I went and caught him in the Highway—Cates came up, and we both caught hold of him—I saw Buckley in the Highway, and there were three women there—I cannot say where Buckley was then, because there were such a gang of them to get Burgess away, that we were overpowered—we then went down Old Gravel-lane—Burgess saw me following him, and turned round and made a strike at me, but I leaned on one side and struck at him—I looked round on my left, and saw Buckley and another of the gang with Cates down on the ground, in a corner, striking him—I pulled Buckley off him, and the other one got up and ran away—it was then a few minutes after 6—it was not dark; it was a little dusk—Buckley got away, but we pursued him, and just as we got to the bridge they made some bitter oaths how they would serve us if we pursued them over the bridge—the prisoners were among the gang—Burgess, hearing that there was a policeman over the bridge, pulled off his coat, put it under his arm, and walked steadily, like a man going home from his work—I ran after him, put my arms round his arms, and gave him in custody.
Cross-examined by MR. SHARPE. Q. At what time did you leave off work? A. We left the quarter to 6 train at Fenchurch-street—I might have had a pint of half-and-half—my friend was eight or ten yards off when he called Jack—we were not fighting in the Highway and in Old Gravel-lane; we did not fight, but we defended ourselves—I got as close to Cates as I could, and went with him in pursuit of Burgess, expecting to meet a policeman every moment—Cates was set upon by two other men in Gravel-lane—they got him down in the corner—that was before I got up to Burgess—when I took him, I ran ahead of Cates—Burgess did not strike at me when I took him, but he struck me about twenty yards down Gravel-lane, and the blow fortunately went over my shoulder; that was before or about the same time that Cates was knocked down—we were then within a few yards of each other, and I looked back and saw him lying in the corner—I turned from Burgess to rescue Cates, and lifted Buckley off him; that was scarcely a minute after Burgess struck me—I next went again in pursuit of Burgess, and Cates was close to me; I will not say how close, because my eyes were on Burgess, but I found him at my elbow when there was the call of "Police."
Cross-examined by MR. TAYLOR. Q. Was not Burgess drunk? A. In the
bustle we were in, I would not say—I did not see him jump on Cates's back—it was not dark.
WILLIAM GAYLOR (Policeman, K 303.) I saw Platt clasping Burgess in his arms—he called me across, and Cates said, "I give this man in custody for stealing 4s. 6d. from my pocket"—I caught him by his right arm, and charged him on the spot—he said, "Let go you b—"—one of the mob persuaded me to let him put his coat on—I let him do so, and he commenced kicking—Buckley assisted him to put it on, and a number of men and women—he kicked me—Catherine Bryant was there.
Cross-examined by MR. SHARPE. Q. Did not Burgess say that he was innocent? A. No.
COURT. Q. Did you see them come over the bridge? A. Yes, Buckley was with them, and I called him by name—they would not allow me to give evidence at the Police-court of the rescue of Burgess by Buckley—I heard cries of" Shame," when the mob were kicking me.
GEORGE ROLJEANT (Policeman, K 158). I was present when Burgess was taken—Buckley attempted to rescue him—I saw Burgess kick Gaylor, and he told Catherine Bryant, after he was taken in custody, that she was to square it with the bloke.
Cross-examined by MR. TAYLOR. Q. Where did you appear on the scene? A. In Old Gravel-lane, near Charles-street—I saw nothing of what occurred on the highway—there were a good many people—the only police-men were Gaylor and myself.
COURT to WILLIAM GAYLOR. Q. Did you search Burgess? A. Yes, but found nothing—I saw Catherine Bryant take something out of his pocket, and I told the Magistrate so.
GUILTY .—They were both charged with having been before convicted, to which they PLEADED GUILTY**†— Ten Years' each in Penal Servitude.
Before Mr. Common Serjeant.
MR. BEST conducted the Prosecution.
JOHN COLLIER . I am a carpenter of East Stratford, Stratford New Town—I attended some pleasure grounds in a field near the Eastern Counties Railway, on Easter Monday—I was standing close by the ropes, looking at a race—my watch was in my left-hand waistcoat-pocket, and I saw the prisoner Jacobs take it out, and pass it to Adams—they were almost close together—I seized them both—I did not say anything, that I am aware of—the chain was left, and it fell out of my pocket—I have the bow of the watch, which some one picked up from the ground and gave me.
Cross-examined by MR. COOPER (For Adams). Q. I suppose there were a great many people there, were there not? A. Yes; I did not notice a woman near Jacobs at the time I lost my watch—I believe they had then began a mile walking match—I have been told since that Adams is in the employ of the Eastern Counties Railway—I don't know that he was booked
for two races on this day—this is one of the cards (produced)—I see his name down here—I believe these races are patronised by the Eastern Counties Railway Company, for their men—this was between 3 and 4 in the afternoon—I went on to the ground about a quarter to 2, as near as I can recollect—I had a pint of ale before I went on the ground, and had a share of three pints on the ground, I should think—I know a gentleman named Gower—he did not object to my being on the ground in consequence of my being the worse for liquor, that I know of—I don't remember his saying anything to me about going off the ground, or that my company was anything but agreeable.
Jacobs. Q. What did I say when you took hold of me? A. I believe you said that you had not got it—I don't recollect whether I told the Magistrate that.
JURY. Q. Did you positively see the watch in his hand? A. I did, and he passed it to the other one very quickly.
JAMBS NEWTON . I am a labourer, and reside at 4, Angel-lane, Stratford—on Easter Monday I was at these pleasure grounds—I had a little girl with me, and I heard a man say, "You have robbed me of my watch"—I looked right round and saw the prosecutor holding the two prisoners, and I saw Jacobs spit the ring of the watch out of his mouth—this ring (produced) is the same shape—I cannot swear to it—I ran away for a policeman.
Jacobs. Q. Did you pick the ring up? A. No; I did not come to the station-house then, because I was not asked—the constable booked my name, and asked me where I lived; that is all—I never saw any cigar in your mouth—I only saw you spit the ring out.
THOMAS COLLINS (Policeman, K 74). Jacobs was given into my custody at these pleasure grounds, about 4 o'clock on Easter Monday, by the prosecutor, for stealing his watch—I could not find the watch—I did not see Adams then—he was given into custody at the police-station—he walked down there behind Jacobs, in company with others—the prosecutor charged Adams with receiving the watch—he said that Jacobs passed the watch to Adams—Adams said he assisted in taking Jacobs—on searching Jacobs I found a cap in his pocket, which was identified the following morning as belonging to another prisoner, who is charged with stealing a watch from some one else.
JOHN COLLIER (re-examined). I lost sight of the watch—I saw it pass from Jacobs to Adams, but I could not see where it went to afterwards—I saw Jacobs pass it, I will swear that—I cannot swear whose hand it was in—I was so excited at the time—if a person was behind Adams, and passed his hand to the front, he might have received it, but I did not see anything of that kind—they stood close together, and I saw it pass from one to the other, but I can't swear whose hand it was passed into.
Jacobs' Defence. I was out on a day's pleasure; I had to get out at this place to change trains, and went into this ground; I had not been there four minutes before the prosecutor charged me with stealing his watch; I know nothing at all about it.
MR. COOPER called
JOSEPH GOWER . I am a trimmer on the Eastern Counties Railway at Stratford—on Easter Monday I was at this race-ground—just prior to this robbery I saw the prosecutor—he came into the dressing-room where the men were preparing for the sports, and knowing him when he is sober and when he is not, I told him he had no business there—he was smoking, and half drunk—at that time his watch-chain was banging loose, and his waistcoat was all open—I have
known Adams ever since he has been at the works, about twelve months, I believe—he has been as he should be, honest and industrious—I believe that is the character he bears among his brother workmen—about 300 of them signed a memorial in his favour.
WILLIAM JONES . I am superintendent of the Fire Brigade, of the Local Board of Health at West Ham, Essex—I reside at 6, Langthorne-street, Stratford—on Easter Monday I went to the field where these sports were going on, soon after 2—I was in private clothes—I remained there over two hours—I saw Adams' name on the card of the races—I was about fifteen or twenty feet away from the little prisoner (Jacobs), and from his restless manner of going about the crowd I watched him—I saw the prosecutor come across with his waistcoat loose, and I saw Jacobs take something from his waistcoat-pocket, and then saw his chain hanging down—a woman was, at that time, behind the prosecutor, and Jacobs passed something, which glittered, over the side of the woman's shoulder to a man—that man wore a light moustache, and stood about five feet nine inches, as near as I can guess—I did not see Adams at all—I ran to take Jacobs into custody till a constable came up—I never saw Adams before—I am quite sure that I saw what I have now told you, on that day—the woman had a child in her arms.
Cross-examined by MR. BEST. Q. You say you were twenty feet away from Jacobs when this began? A. From fifteen to twenty feet—I was looking over the ropes, so that I had a full view in front of them.
ANN NOTMAN . I am the wife of John Notman, an engine fitter—I was in this field on Easter Monday—I stood exactly at the prosecutor's shoulder, and just as a man was jumping, and there was a good deal of clapping, the prosecutor turned round to the little man (Jacobs) and said, "You have taken my watch"—the other young man, Adams, said, "Collar him"—I never saw any watch pass—if the watch had passed to Adams I must have seen it, because I stood sideways—the crowd collected in a moment, and just then a man passed me very hurriedly, and I said directly I got out, "That is the man who has got the watch"—he was a tall, fair man—I did not see Adams make use of his hands in any way—when I got halfway up the field I said, "Why, they have got the wrong man."
Cross-examined. Q. Did you know Adams before? A. No; I never saw either of them before—I did not see Jacobs take the watch—it might have been passed behind me, I could not have seen it then.
Joseph Barrett, foreman of the Great Eastern Railway, and John Brigden, a gardener, of Stratford, gave Adams an excellent character. MR. BEST stated that, after the evidence which had been given on the part of Adams, he should certainly not press the charge against him, THE JURY were of opionion that he left the dock without a stain upon his character, in which
THE COURT concurred.
NOT GUILTY .
JACOBS— GUILTY .*— Confined Twelve Months.
Before Mr. Recorder.
MR. KEMP conducted the Prosecution.
EMMA SILLENCE . I am the wife of Francis Sillence, of Plaistow-road, Essex—last Wednesday week I was removing from one house to another, and the prisoner offered to assist me, which he did from 2 till 9 at night—a few days afterwards I went into the kitchen with a lighted candle in my hand, and saw the prisoner standing and staring me full in the face—I
screamed for my husband, and the prisoner jumped out at the window, which I had seen shut about 5 o'clock in the afternoon—I saw the prisoner next morning, and told him that I was so frightened at the man coming in at the window—he said, "Have you got your boots all right?"—I said, "I believe I have"—he said, "If you have not, they are not far away; what sort of a man was it that got in at your window?"—I said, "Just like you"—I had told him if he came early on the Saturday I would pay him, and he came early in the morning, and said he was surprised to see me down at the shop so soon—I told him the reason of my coming was that I was so frightened at the man who stood before me—he then said, "What sort of a man was it?"—I said, "Just like you," and I told him if he would come between 5 and 6 my husband would pay him—he came in a different dress, and I hardly knew him—he said, "I am the man who removed the goods"—the next morning I missed a pair of boots—these are them (produced), and this jacket is my husband's—it was found on the prisoner.
Prisoner. Q. What time did I leave your house on 18th March? A. About 9—I employed you rather before 2—I did not sell you the jacket for eighteenpence, nor were you to pay me for it when I paid you for removing the goods—I did not miss the boots till you told me, and then you said, "If you have lost them they are not far away"—I was not drunk all day.
THOMAS COLLINS (Policeman, K 74). The prisoner was given into my custody—I told him he was charged with entering the house at half-past 11 o'clock—he said that he knew nothing about it; he could prove where he was, in bed, and asleep at the time—he afterwards said that he slept in a shed—I searched him at the station, and found this jacket on him—the boots were taken to the station by a policeman—they were found by a woman on the back premises.
Prisoner. Q. Did not I tell you going along that I had bought the jacket of Mrs. Sillence. A. Yes.
ELIZABETH GARWOOD . I helped Mrs. Sillence to move some of her things—she was quite sober—the prisoner came on the 19th, and asked her whether she had got her boots all right, and she said that she did not know.
Prisoner. She told me that her house had been robbed, and that she had lost her husband's boots.
CATHERINE M. I found these boots lying in my yard, which is the second from Mr. Sillence's, at 7 o'clock in the morning—it is at the back of my house—a person getting out at the back window could get there if he climbed over the wall—I never saw the prisoner before.
ARTHUR GARWOOD . I am 11 years old—I was at Mrs. Sillence's when she was moving—I saw the prisoner go right straight through, uncatch the window, and set the boots against it—that was about half-past 4 o'clock he then opened some boxes—I asked him what he was opening them for, and he said, "Mind your own business"—I did not see him do any thing with the contents—these are the boots I saw.
Prisoner's Defence. I left Mrs. Sillence's house between 6 and 7 that night; she swore at Stratford that I left about half-past 9. I have witnesses here. Witnesses for the Defence.
JOHN BAKER . I removed these goods from one house to another with my horse and van—the prisoner was at work for Mrs. Sillence, and my boy saw her put the coat on the man's back and say he should have it for 2s.—I had done at 4, but the second lot was at 6.
will just fit you"—the prisoner said, "How much do you want for it?"—she said, "I will take 2s"—he said, "I cannot give you that"—she said, "I will take eighteenpence"—he said, "I will see you bye and bye," and she put the coat on his back—that was about half-past 4 in the afternoon.
Cross-examined by MR. KEMP. Q. Who asked you to come here? A. Mrs. Hayden, the prisoner's mother—she did not tell me what I was to say; I saw what I have said—I told her that Mrs. Sillence tried the coat on his back, and he offered her eighteenpence—Mrs. Sillence said that she saw him getting out at the window—she did not say that she had a coat stolen—I told her about that, and she said that she had forgotten all about it——that was in my father's shop—there was no one present when she offered him the coat; they were all up stairs—he had a coat on, and she put this coat over it.
MARIAN HAYDEN . I am the prisoner's mother—he came home between 5 and 6 o'clock to his tea, washed himself, and went out—he brought this jacket home with him when he came home to his tea—when he went out I went to Stratford—I saw him in Plaistow about 10 o'clock as I came home, and told him that his father had just gone to bed, and if he liked to come home I would let him in—I opened the street-door with my key, and let him through to go to the shed—the clock struck 10 as I was against the church—I let him get over the wall, and sleep in the shed, because his father does not allow him to sleep at home—he was in my house next morning at half-past 7 with me, and told me he was going to move this woman—he could get from the shed over a little wall, and in the back way—there is no way of getting through that shed except passing through my house.
Cross-examined. Q. Could not he get over the wall into the lane? A. No—one of my rooms is over the lane—he must have gone a long way if he got into the gentleman's grounds—my house is in Plaistow—it may be a mile or over from Mrs. Sillence's—my son has his board with me, and sleeps anywhere he can—sometimes I give him two or three sixpences in the week for lodgings—he is apt to get a little drop to drink; that is the reason his father will not let him sleep there.
COURT to EMMA SILLENCE. Q. The day after you were frightened, did you see Baker and his father? A. No; but he is the party who moved me—his father called and said that his son saw me put the coat on the prisoner's back, and I said that I had not.
Prisoner. She took the jacket off a basket, where a dog used to lie, and said that I could have it for 2s., and I went to her house with it on twice the next day. Witness. I did not give it to you.
Prisoner's Defence. Does it stand to reason that I should go to her house with it on if I had stolen it? She has not paid me for the moving.
NOT GUILTY .
RYAN PLEADED GUILTY .— Confined Nine Months.
No evidence was offered against
SMITH.— NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. COOPER conducted the Prosecution.
HENRY MANSFIELD . I am a labourer—in consequence of what case told me, I looked into the mud-house and saw that his coat was not there—I ran after the prisoner, and asked for the coat—I said, "You must go back to my mates," and when he had got back to them, I told him, if he didn't find the coat, I would lock him up—he said, "I don't know anything about it, but I'll go and look for it—I said, "I'll go with you"—he went on to the top of Feltham bed and then to the shaft, about fifty yards from the mud-house; and on going down some steps he picked up something which I afterwards found to be the coat.
Prisoner. Q. Didn't you say to me, "You have taken something from the hut. A. Yes—you said that you had not stolen it, but went with me willingly.
Prisoner's Defence. I did not steal it, but went willingly with Mansfield back to the hut. I know nothing about the theft.
GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
LUCY HANLEY . I am the wife of John Hanley—on Monday, 22d February, I went into Mr. Hart's shop, a stationer, of Lewisham—the prisoner followed me in, and asked for a penny valentine—Mr. Hart told him he had not one and he left—I changed 1s. and put my purse in my pocket—I went out of the shop and passed the prisoner—he repassed me, and followed me closely into Mr. Coleman's, the butcher's—he stood close to my right side, and I thought he stepped on my dress—I turned to tell him not to do so, and he was leaving the shop in great haste—I missed my puree, made it known to the butcher, and we went after him—about ten minutes elapsed before we got sight of him—I found him in the hands of the police, and gave him in custody—I asked him if he would give it up—he denied taking it, and said that he had not seen it—Mrs. Coleman asked him what he came into the shop for—he said, "For half a pound of steak"—she said, "Why did not you ask for it?"—he did not answer—there was a five pound note in my purse, six sovereigns, a half-sovereign, some silver, several little memorandums, and I think a florin—there had not been a creature near me from the time I put my purse into my pocket—I held my dress round me, it being a dirty morning, and it could not have been taken until I let my dress down in Mr. Coleman's shop.
EDWIN EARL (Policeman, R 177). On 22d February, about 2 o'clock, I saw a number of persons collected, and the prisoner in the hands of Mr. Swift, who said, "This boy has been picking a lady's pocket, in Mr. Covelle, the butcher's shop"—he said, "I have not had the purse"—Mrs. Hanley
came up and said, "That is the boy"—the prisoner said, "I have not seen it"—I took him into the shop, and he took four sovereigns from his waistcoat pocket—I asked him how he came by it—he said that he was going to pay a bill for his master—I asked his master's name—he said, "Mr. Neo"—I asked him where his master lived—he said that he should not tell me, I should find out—I asked his name—he said, "Thomas Wilson," and that he came from Gravesend—I asked him where—he said, "52, Queen's-square, Gravesend—I searched him and found four sovereigns and 5d.—I asked him how he came by it—he said that his mother gave it to him—I asked him what he came from Gravesend for—he said, "To have a game of cricket on Blackheath—I have not found the purse or the bank note—the prisoner was out of sight for ten minutes—I have not been to Gravesend, but the inspector wrote a letter there.
JAMES SWIFT . I was in Mr. Covelle's shop weighing some meat, and saw the prisoner close to Mrs. Hanley, on her right side—I did not see him leave, but she made a statement to me, and we went out different ways to search for the prisoner—I found him not above 200 yards off, he had turned round, and was coming back—I stopped him, and asked him what he came into the shop for—he said, "Half a pound of steak"—I asked him why he did not ask for it—he said he did not know, and that he had 4l. 10 s. in his pocket belong to his master, Mr. Neo—I asked him where he lived—he said he should not tell.
GUILTY .**— Confined One Month, and Three Years' in Rea Hill Reformatory.
The following prisoners PLEADED GUILTY.—
463. JOHN CHAPPELL (26) , to feloniously receiving 1 pair of boots, value 8s. 6d., the property of Charles Reddish, after a previous conviction of felony.— [Pleaded guilty: see original trial image.] Confined Twelve Months.
Before Mr. Common Serjeant.
MR. WOOD conducted the Prosecution.
CAROLINE TANNER . I am the prisoner's sister, and the wife of Joseph Tanner, of Carshalton, Surrey—my husband is a coachman—about twenty-three years ago I was living in the county of Cork, Ireland, and was present when the prisoner was married to James Haggerty, at the parish church of Kilmagron, by Mr. Townsend—I never saw them living together as man and wife, and it is ten or twelve years since I saw them together, if not more—I saw James Haggerty six years ago, if not more—no one was with him—I do not know where he has been living, or when they last lived together.
Cross-examined by MR. COLLINS. Of your own knowledge, they have not lived together for fourteen or fifteen years. A. Yes—the prisoner was only sixteen when she was married—it was entirely against her consent, so much so, that they had to drag her into church—she lived with Haggerty about two months, and was obliged to leave him, in consequence of his brutal ill-usage—he was a shoemaker—she afterwards came to England as a domestic servant, leaving her husband in Ireland—that was very shortly after the marriage—he afterwards found her out, brutally ill-used her again, and she was obliged to leave him again.
MR. WOOD. Q. How do you know he brutally ill-used her, when you do not know that they lived together? A. I have seen her come home to my mother's house with marks of violence, and I know that they were living
together then—I am sure I did not see them together five years ago—I do not know that they have been living together within about five years.
JOHN JENNINGS (Policeman, R 29). On 15th March, I received the prisoner in charge from Eli Nathaniel Dixon, who charged her with bigamy—I took her to the station, and asked her whether she was married before—she said, "Yes," and pointed out James Haggerty, and said, "That is my first husband"—I produced a certificate which I received from the first husband, after the examination at the police-court (There being no proof in whose writing this was, or where it came from. THE COURT considered it was inadmissible)—I also produce a certificate of the second marriage.
ELI NATHANIEL DIXON . I am the prosecutor, and live at 31, Darvelle-street, East Greenwich—I am a labourer—on 10th December, 1862, I was married to the prisoner at Woolwich old church—she represented herself to be a single woman.
Cross-examined. Q. You quarrelled with her, did not you a great deal? A. I had plenty of reason—I have beaten and struck her in self defence—I broke three of her ribs, but a constable was present—on 13th March, I made a charge against her of assaulting me, which was dismissed by the Magistrate, because she was beastly intoxicated—she told me that she had a better husband, a shoemaker, living in Deptford—I said, "I will go and make inquiries"—my brother married her step-sister.
MR. WOOD. Q. Did she say who the shoemaker living at Deptford was? A. She said it was James Haggerty—he was living at Deptford.
MR. COLLINS. Q. Did you go to the prisoner's sister, at Carshalton, after-wards? A. I went to my brother's and there I saw the sister.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. COOPER conducted the Prosecution.
THOMAS RICHARDS . I am private of Marines at Woolwich—at a quarter to 9 I was going along Greenwich-road to my barracks—the prisoners seized me, knocked me down, kicked my temple, and took my purse, containing 6s. 9d.—I tried to get up, but they knocked me down again, and then ran away—I was too exhausted to follow, but was perfectly sober—my chin and eye were principally hurt.
Smith. Q. Why did not you hold me yourself? A. Because I was so exhausted by your treatment.
Haynes. Q. Did not you come up to my comrade and strike him? A. ' No; certainly not—I did not say to the colonel that I couldn't swear to you.
GEORGE HANRALTY . I am a private of Marines—I was going towards Woolwich and heard cries of "Murder!" and saw the prisoners run past me, and then I saw the prosecutor in a sitting posture covered with blood—from what he said, I ran after the prisoners, collared Smith, and took him to the barracks to the sergeant of the guard.
Smith. Q. Why did you come and insult me? A. I didn't insult you—I only collared you and kept you.
Haynes's Defence. The policeman first said there was only one man did it, when he took me into custody at Woolwich, but afterwards said there were two.
GUILTY .— Confined Eighteen Months' each.
MR. WOOD conducted the Prosecution.
JAMES BEARD (Policeman, R 95). I produce a certificate (Read: "Marriage solemnized at St. Mary's, at Stratford, Bow, 19th December, 1842, between Joseph Outen, of full age, bachelor, and Rebecca Scarborough, of full age, spinster. Thomas Baker, Curate")—I have compared this with the original and it is correct—I found it in the prisoner's drawers wrapped up with some loose papers—I also produce another certificate of marriage, solemnized at a church at Poplar—I have compared that, and it is correct (Read; "Marriage solemnized at the Parish Church, Poplar, 29th May, 1856, between George James Wellington, bachelor, and Rebecca Scarborough, spinster, by Charles Frazer Litchfield")—I apprehended the prisoner on 8th February—she made no statement to me.
SARAH BROOKHOUSE . I am the wife of Frederick Brookhouse, and reside at Sun-street, East-lane, Walworth, and the sister of Joseph Outen—I am aware that he was married—I was not present—I can't call to mind the time he was married—I was not at his house then; I have been there—I saw his wife and himself—the prisoner was his wife—they lived together as man and wife—they were lawfully married—I know that by seeing the certificate—my brother told me they were married, and Mrs. Cox told me she was married to him—I visited them about the year 1843 as near as I can judge, and at that time I understood that they were man and wife—they were then at the Beehive at Ilford—she called on my brother some time ago, when he was living with me—they were not living together then—my brother is alive still—he is outside the Court now—I have seen him to-day.
COURT. Q. Was it before May, 1856, that she called when your brother was with you? A. I cannot call to mind when it was—I went to see them about the year 1843, and I believe they had been married about a twelvemonth, and they lived together, I should say, about two or three years after that, and then they separated—I did not hear what passed between them when she called—that might have been eight or nine years ago, or perhaps not quite so long as that—there seemed to be surprise expressed on both sides.
GUILTY .—There were two other similar indictments against the prisoner.
MR. WOOD conducted the Prosecution.
SAMUEL COX . I am a painter, and live at 8, Orchard-place, Plumstead—on 16th February last I resided at Burridge-road, Plumstead—I have been married to the female prisoner about four years and four months—we lived happily together till Christmas eve last—we had a few little quarrels, but nothing to signify—on Christmas eve my wife mentioned to me that she had a cousin coming to visit us, and asked if I had any objection—I said,
"No; of course not, if it is your cousin"—the prisoner, John Ogden came on Christmas eve, and spent the evening with us—I accompanied him to the barracks about tattoo time, 9 o'clock, and he said to me on the way there, "Mr. Cox, you are blessed with a good wife"—I said, "I have no reason to complain"—on Christmas day he came again in the afternoon—my wife invited him—he came about 2 o'clock, and I went with him to the barrack yard, about 4—I had a birdcage at that time, which I missed some time after that—I don't know exactly the day—I asked my wife where it was gone, and she said she had lent it to a friend, I should get it again—I said she had no business to do so, as it was my property—Ogden came to my house almost every day for a week after that, then he stopped away a few days, and then came again—he said he had volunteered to go with a detachment to Jersey, and he gave me a book which he said he did not want to carry with him, and said, "I dare say I shall not see you again"—that was about eight or nine days after Christmas—on 5th February I went to my work as usual shortly after 5, when I returned at night I missed my wife, and also some of the goods—a chest of drawers, a sofa bedstead, a bed and bedding; some chairs, two tables, two pictures, a stuffed bird, a set of tea-things, and a quantity of crockery—they were not all my property—the sofa bedstead was bought after our marriage; the pictures were my property, and part of the bedding, not the bed—the sofa bedstead was hers previously—the stuffed bird was not bought with my money, or the two tables, or the set of tea-trays—the birdcage was my property—the crockery was mostly bought after our marriage—I found all those things gone—from information I received, I went to the front parlour of the house 59, William-street, and found them there—the prisoners were in the room—I asked Ogden if he was comfortable there—he made me some sort of answer, which I could not understand—I said, "I shall make you uncomfortable directly"—he then began to dress himself, and said he had some duty to do at the barracks, and wished me to take no more notice of it—the birdcage was found in Ogden's quarters at the barracks—I did not take it there—I was with the policeman when he found it—I was never in those quarters before then.
Cross-examined by MR. DALEY. Q. Are you quite sure you lived happily with her, with the exception of a few quarrels? A. Yes; a little disturbance took place, but I did not leave her—she named it to me about leaving me, but I did not consent to that—that was a few days or a week previous to her going away—I can't say how many days before she left the goods were packed up—I had a bad foot at the time, and as soon as I arrived from work I was glad to sit down—I did not go about the house—some of the things were in the ordinary places and some were not—I think she had shifted a bedstead, saying that she took it down to clean it—she left some furniture behind—she bought the sofa bedstead with her money, but it was after our marriage—she received money from lodgers—she did not bring me any money when I married her—she had money of her own—I do not know whether the sofa bedstead was bought out of her money or not—I claim it because it was bought after our marriage—I made the frames for the pictures and framed them myself—they came out of the Illustrated London News, one was the Great Eastern, and the other a picture of the poultry-show—they were deal frames painted—the room in William-street is about three-quarters of a mile from where we lived—when I asked my wife for the cage, she did not tell me what she had lent it for, and who she had lent it to—she did not tell me that Ogden had promised her a bird.
MR. WOOD. Q. Were there other tea articles with the tea trays? A.
She took away a tea-caddy which belonged to my first wife—I found that with the other goods in William-street—I did not consent to her leaving me—I never told her she might take these things away—part of the bedding was mine—I was married to Cox.
JOHN LANGDON . I live at 116, Bridge-road, Plumstead—my father is the landlord of the house, 117, occupied by Mr. Cox—on Friday morning, 5th February, about 7 o'clock, I saw a van at Mr. Cox's door—another witness, Mrs. Cox, and a lad were in it—after the goods were loaded and ready to go away, I saw Ogden at the bottom of the road, waiting for the van—he joined them there—they were about an hour and a half loading the van—I saw the van go down Bridge-road, and Ogden accompanied Mrs. Cox till they got to the Armstrong Gun public-house—I watched the van to 59, William-street, and saw the goods unloaded—while I was waiting there I saw Mrs. Cox come along with a picture in her hand, and she told me, as I had come so far, I might as well assist in unloading the van—I saw her hand Ogden the picture as they were going into the Armstrong Gun—I left the van at 59, William-street, and at the bottom of the street I met Ogden with another picture under his arm—I watched him, and saw him go in to 59, and then come out and help to unload the van—I afterwards pointed out the house to the prosecutor.
OGDEN— NOT GUILTY .
COX— GUILTY .— Confined Seven Months.
Before Mr. Common Sergeant.
MR. KEMP conducted the Prosecution.
GEORGE HAWKSLEY . I am a draper at Greenwich—on 24th February Dash came into my shop to look at some cotton prints—I showed her some—she did not purchase any—she said they were not good enough for the money—she remained in the shop three or four minutes—while she was there I saw the other woman looking in at the window—before Dash left the shop I missed a piece of cotton print—I went outside, and came in again, said to Dash, "You had better get away from here"—she said, "You have made a mistake in the party, it was not me"—the print was hanging on an iron rail near the door—I did not accuse Dash of taking it—she went out and crossed over to the opposite side of the way—I saw her again about half an hour afterwards, about five minutes walk from my place, with the other prisoner—they were standing at a draper's shop door together, in front of some goods—I did not say anything to them—they endeavoured to take something from the pile of goods, and the goods fell down—I saw a black wrapper fall from one of them; I believe from Mead—this piece of cotton (produced) was inside it—it is my property and was stolen from my door—I had seen it safe ten minutes before Dash came in—I gave them in custody—I don't believe I said anything to either of them, or they to me.
Cross-examined by MR. HARRY PALMER. Q. What street is your shop in? A. Church-street, which is a continuation of the principal street—this was about 5 o'clock in the evening, dusk—I don't think the gas was lighted—mine is a small shop—the length of the cotton was about eight yards—it is my custom to put cotton that length outside my shop door—there is a mark on it in my handwriting—I did not see anybody else at the window except
Mead—there were about six pieces of cotton hanging on the iron bar—I did not speak to Mead—she was gone when I came out—the wrapper was dropped after I spoke to them—they were close together—Dash did not throw open her shawl and say, "I have not taken it—nothing of the sort.
Dash was farther charged with having been before convicted of felony, at Clerkenwell, in July, 1863.
CHARLES BLAKE (Policeman, T 34). I know the prisoner Dash—I was present when she was convicted—this is the certificate (read)—she is the person mentioned in it—she was charged with the other prisoner, in the name of Garrens, with stealing forty-two yards of alpaca, and had six months.
GUILTY.— Confined Eighteen Months' each.
SAMUEL PARTRIDGE . I keep a baker's shop at 36, Bridge-street, Greenwich—Collins was in my service from 12th January till 14th February—I do not know anything of the other prisoner—I once saw him on 23d February, when he came to fetch Collins's clothes—on Sunday afternoon, 28th February, I left my house between 3 and 4 o'clock—it was then properly secured and fastened in all respects—I returned at half-past 9—I unlocked the front door and went in to the parlour—I first noticed that a candlestick was not in the same place as it was when I went out—I got a light and went into my bed-room—I found the articles strewed about the room, and missed two watches, two seals, two keys, and a ring, from the bed room—I went down stairs again, and found that the parlour door had been forced open, the lock of the till in the shop was broken, and 5l. 10s. in gold, 2l. 10s. in silver, and 1l. in copper taken—I called in the police immediately—we examined the premises, and found that an entry had been made through the iron grating of the area, which leads from the street to the bakehouse—the locks were forced, and one iron was forced back and laid over on the top of the other, so that no suspicion should be raised from anyone passing by—there was room for a man to go down—the bakehouse window was not fastened—going in that way anyone could obtain access to all the rest of the house—the area grating was closed and fastened with a lock when I left home in the afternoon—I looked into the cupboard in the kitchen, and found between three and four pounds of beef gone, and the same quantity of pudding—the broken part of this watch (produced) I believe to be part of one of the watches that I lost—these two seals are also my property—I have had them in my possession these forty years—this watch key is also my property—I am quite certain of that—I saw the other watch that I missed at 120, Old Kent-road, a pawnbrokers shop—I identified that as my property.
SUSANNAH HODGE . I am the wife of Richard Hodge of 137, Bridge-street, Greenwich, and live next door to the prosecutor—on Sunday, 28th February, at half-past 7, I was standing at my door, and saw Collins come from the prosecutor's area gate with his boots in his hands—I saw him put his boots on and lace them up—he shut the gate after him, shook his trousers down over his boots, and said, "Now I am all right," and went away towards Deptford—I had seen him twice before—he had not got anything with him—this was from a quarter to twenty minutes past 7.
ELIZABETH TOMLING . I am a servant at Mr. Warner's, next door to the prosecutor's—I was standing by my master's door between 7 and 8 on this Sunday evening, and saw the two prisoners in the roadway right opposite the window which leads into Mr. Partridge's bakehouse, about a yard from the area grating—I knew Collins when he was in Mr. Partridge's employ—they walked up and down—a young lady was standing with me, and she went up and spoke to him, and said, "Holloa, baker," and hit him on the back—they stood there about five minutes.
THOMAS KITTMER (Police-sergeant, R 4). On Wednesday mornings 2d March, about 9 o'clock, I met Collins in the Lower-road, Deptford—I asked him what his name was—he said, "William Collins"—I told him I thought Mr. Partridge wanted to see him—he said, "What for? he can't want to see me for anything"—I said, "Yes, he does; he will tell you what he wants you for when he sees you"—I took him to Mr. Partridge's shop, and asked him if that was the man he suspected—he said, "Yes," and told Collins he suspected him of breaking into his shop—I asked Collins where he was, on the Sunday night of the robbery—he said he was not there; he walked from Deptford to Peckham, and back again, and then went to bed—I took him to the station-house—on the same evening I went to 31, Reginald-street, Deptford, and saw Billings—I asked him if he knew Collins—he said, "Yes"—I asked him whether he was with him on the Sunday night previous?—he said, "Yes"—I asked him where they went to?—he said they went to Peckham, and came home again, and went to bed—I told him I should take him for being concerned in a robbery at Mr. Partridge's—he said nothing in reply—I asked him for those things he had in his pocket, and he produced this watch, all broken up, and one of the seals which the prosecutor has spoken to—when we got to the station-house, he said he stood outside while Collins went inside—I searched him again at the station, and in his waistcoat pockets I found portions of the watch produced, this seal and key, and a pawnbroker's duplicate for a metal watch, pledged at Mr. Russell's in the Old Kent-road—that watch has been identified by the prosecutor.
ALFRED GIRDLESTONE . I am shopman to Mr. Jacob Russell, of 120, Old Kent-road, pawnbroker—I produce a watch pawned at our shop on 1st March for 4s. in the name of William Collins; this ticket is the one which was given to the person who pawned that watch—I can't remember who pawned it.
Billings' statement before the Magistrate:—"All the money I had was 10s. 4 1/2d., and the watch which Collins gave me, and the seals he gave me." Billings' Defence. Collins left Mr. Partridge's employ about a fortnight before this happened; he told me he was hard up, and he came and lived with my landlady. I went with him on this night to see Mr. Partridge. I waited outside for him about twenty minutes; he came out, and said, "Come on," and we went home to bed. On the day after he handed me 10s. 4 1/2d. and the watch without any hands. He did not tell me where he got it I did not know where he got it. We both lived in the same house.
GUILTY .— Confined Nine Months' each.
MR. COOPER conducted the Prosecution.
FREDERICK COWPERTHWAITE (Policeman, R 119). On Tuesday night, 23d February, I was on duty in Spray's-buildings, and about quarter to 11 I saw Davison there—she had something under her cape—I stopped her, and
asked her what she had got—she said, "Some wet linen," and pointing to the two male prisoners, who were near, said they had given it to her to carry they ran away, and left Davison when they saw me stop her—I took her to the station, and found on her two sheets and two table-covers, all wet and frozen—these are they (produced)—they have been since identified by Louisa Flood.
LOUISA FLOOD . I am the wife of Samuel Flood, and live in Paterson-road, Plumstead—these sheets are ray husband's property—I put them in the yard to dry at 2 o'clock—I went to take them in again at 6, but they were so stiff, I left them out and missed them at a little after 10—the yard is surrounded by a brick wall six feet six inches high—the linen is worth about 10s.—there is a door to the yard, but it cannot be opened from the outside.
SAMUEL LING (Policeman, R 159). I apprehended the male prisoners on 24th in the Standard public-house, Woolwich, and told them I should charge them with being concerned, with Elizabeth Davison in custody, with stealing some linen in the Paterson-road the night previous—Smith said, "Don't show us up; take us through the gardens"—going through the gardens Smith said, "I know we were with the girl when the policeman stopped her, and when we saw him speak to her we ran away; she came to us into the Standard in the evening, and gave us the linen, and we were with her. "
THOMAS PEARCE . I am a labourer at Woolwich—I was in the Star and Garter taproom on Tuesday evening, 23d February, at half-past 9—at that time I saw all the prisoners there—they all went out together—I never heard them talking—they came in singly—it was half-past 9 when they left—I do not know where Mrs. Flood's house is.
Davison's Defence. I am guilty of carrying the things, but not of stealing them.
Smith's Defence. About 10 on Monday night we were in the Standard, and the female came in, and said, "Will you carry some things for me?" we said, "Yes," and we all three went out together. When I saw what the things were, I would have nothing to do with them. Coming round the corner we met the policeman, who had been following the girl a long way, and when she saw him, she walked fast, and we ran away.
GUILTY .—DAVISON was further charged with having been before convicted of felony on 5th March, 1863, in the name of Mary Neale; to which she
PLEADED GUILTY.— Confined Fifteen Months.
SMITH.**— Confined Fifteen Months.
WHEELER.— Confined Nine Months.
MR. WOOD conducted the Prosecution.
BENJAMIN TIDY . I am an engineer at 1, Charles-street, Deptford—I was at Blackheath on Easter Monday afternoon looking at an electrifying machine; several persons were round it—the prisoner was near me—I went to take a walk round, and felt a pull at my chain—I turned round sharp, and saw my chain hanging down—I laid hold of the prisoner's coat, and saw my watch distinctly drop out of his right hand—I picked it up, and held him round the neck till a policeman came—the ring of the watch was broken, and the glass smashed—I gave him into custody.
Prisoner. Q. Did you see me take the watch from your pocket? A. No—I did not see you break the ring off—when I turned round you had not got it quite clear from my pocket—I saw it drop out of your hand.
nothing—afterwards, at the station-house, he said, "That there was a great crowd of persons, and that somebody must have dropped the watch at his feet—there were a great many people about.
Prisoner's Defence. I was standing looking at this galvanic battery as well as the prosecutor. He lost his watch, and caught hold of me. Somebody in front of me dropped it out of their hands, and I got blamed for it. He did not see me take it from his pocket.
GUILTY .—He was further charged with having been before convicted of felony in March, 1861, in the name of James Smith; to which he
PLEADED GUILTY.**— Six Years' Penal Servitude.
Before Mr. Recorder.
MESSRS. POLAND and UNDERDOWN conducted the Prosecution.
ANN THOMAS . I am the wife of Humphrey Thomas, No. 47, Weymouth street, Walworth—we keep a chandler's shop—on 27th February the prisoner came into my shop—he asked for half an ounce of tea, and he gave a bad shilling—after he was gone I found it was bad—I followed him and gave him in charge—I gave the shilling to the policeman—this is the shilling—I put a mark on it.
Cross-examined by MR. LILLEY. Q. Had you known him before? A. No, I don't recollect having seen him before.
JAMES PAY (Police-sergeant, P 44). On the 27th February Mrs. Thomas pointed out the prisoner to me—I took him into custody, and she gave me this bad shilling—when I took him he put his hand into his left-hand coat-pocket, and seemed to be fumbling with some papers—I said, "What have you there?"—he bummed and hawed something—I said, "Let me see what you have there," and I took out of his hand a piece of paper—I unfolded it, and found it contained two counterfeit shillings wrapped in paper, with paper between the shillings—I said, "0 here are two others wrapped up separately"—he said, "It is usual for me to wrap my money up separately"—I then took him back to Mrs. Thomas—I searched him, and saw he was very fidgetty to put his hand into his pocket—I did not search that pocket, for a moment, but finding he was so anxious I said, "Well, let me see what you have there," and I took this other counterfeit shilling from that pocket, that was the waistcoat pocket—I produce that shilling, as well—when I found that, I said, "0, here is another one"—he did not say anything to that—I found on him a small parcel of tea, about two ounces of butter, a cap, another besides the one he was wearing; it was not a new one, two sixpences, and sevenpence-halfpenny in copper, that was good money.
Cross-examined. Q. Have you made inquiries with regard to the prisoner? A. Yes—I have not ascertained that he works for Scott and Till—he had his hands in his pockets—this was on the 27th of February—the weather was not very warm—I had observed before that when I have taken persons in custody they have been rather fidgetty, not pleased to be taken by me—when I took him, he said, "I received this money for something that I pledged"—that was the two shillings—he afterwards said that he had had them from a man in exchange in reference to some coat—he did not say anything at the time I apprehended him—he did not say anything to me
about the man he had seen on Saturday morning in Suffolk-street—he said it at the police-court—I searched him very diligently—I believe he had no good money but the shilling and sevenpence-halfpenny in copper—the cap I found was an old one—he said it was an old working-cap—it was just about similar to the one he was wearing.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—this shilling produced by Mrs. Thomas is counterfeit, dated 1857—the other two found on the prisoner, wrapped separately, are dated 1856 and 1857—they are both bad, and the one dated 1857 is from the same mould as the one uttered to Mrs. Thomas—this other found in the waistcoat-pocket is counterfeit of the date 1858.
The prisoner's statement before the Magistrate:—"When I came out last Saturday morning I walked to the bottom of Suffolk-street. I met a man, and showed him a chain I had. He offered me 4s. for it, and I agreed for that and an old coat he gave me. The cap found on me is one I carried, to work in. I did not know I had bad money."
GUILTY .— Confined Three Months.
MESSRS. POLAND and UNDERDOWN conducted the Prosecution.
WILLIAM DIBLEY . I am a baker, at No. 49, Regent-street, Lambeth—on 2d March the prisoner came to my shop—I served him with a penny loaf—he gave me a bad half-crown—I gave him a two-shilling piece and five penny pieces in change besides the loaf—directly he got outside the shop he went away very quickly—I tried the money and found it to be bad—I put it on one side—the next evening he came in about half an hour later and asked for half a quartern loaf—I asked which sort he would take—he said he did not care which, he was not particular—I put the loaf on the scale—he tendered me a bad half-crown—I went round the counter, shut the doór, and detained him, and gave him in charge of the constable with the half-crown—he said he had just taken the half-crown—he said he was not there the night before, that he was at the play—I am certain he is the man.
JAMES MCGILLICADDY (Policeman, L 110). The prisoner was given into my custody on the night of the 3d of March—I received from Mr. Dibley these two half-crowns—I found on the prisoner one shilling and threepence—halfpenny in coppers, good money.
Prisoner's Defence. I was walking outside the gas factory: a man came up and asked me for change of a half-crown. I gave it him. He asked the way to Regent-street, Westminster. I told him. I placed the half-crown in my pocket, and did not take any more notice of it. I went to try and get a pair of boots. I could not I went to the baker's to buy a half-quartern loaf to take home to my mothers to tea. I did not know it was bad any more than the dirt under my feet.
GUILTY .— Confined Six Months.
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
FANNY MARY WILLSHER . I live with my father, who keeps the Queen's Head public-house in High-street, Southwark—on 18th March the prisoner came to our house—he asked for twopenny-worth of rum—he gave me a halfcrown in payment, and I put it in the till—I gave him his change, and he left—there was no other half-crown in the till—a few minutes afterwards
I gave that half-crown to Mr. Johns—he afterwards brought it back to me broken in half—I gave the pieces to my mother.
JOHN JOHNS . I am servant at the Queen's Head public-house—on 18th March the last witness gave me a half-crown—I took it to a neighbour, who broke it in half with a knife—I saw it broken—I afterwards gave the two pieces back to the last witness.
MARY WILLSHER . I live at the Queen's Head public-house—on Sunday, 20th March, the prisoner came there—I served him with a glass of ale—he gave me a half-crown in payment—I put it in the till—I noticed that there was no other half-crown in the till—I gave the prisoner change, and he left—in a short time after the prisoner had gone (in ten minutes perhaps) I saw my niece go to the till—I had been at the bar during that time, and no other half-crown had been taken—I saw my niece take out half a crown and bend it—I afterwards gave it up to the constable—I should know it again—on Monday, 21st March, the prisoner came again—I recognized him—he asked me for twopenny-worth of rum—he gave me a half-crown in payment—I looked at it and found it was bad—Mr. Willsher was there at that time, he took it out of my hand and said it was a bad one—the prisoner did not say anything to that—he was given into custody on that occasion—I am the aunt of the last witness—this is the half-crown that my niece bent that I took on the Sunday.
Prisoner. It is very strange that on two occasions there should be no half-crown in the till; how do you account for it? Witness. Because there was not any to put in.
WILLIAM WILLSHER . On Monday, 21st March, the last witness gave me this half-crown—it was a bad one—I sent for a constable and gave the prisoner in custody—here is a bent one, and two pieces of a half-crown, which I got from my mother—she had saved them on purpose, because we were sure the man would come again—my mother is not here.
JOHN JAMES WILLIAM WALKER (Policeman, 30 M) The prisoner was given into my custody—I received from the last witness two half-crowns; one was broken—I searched the prisoner, and found on him a sixpence, three three penny-pieces, and a halfpenny, in good money.
GUILTY .— Confined Nine Months.
MR. RIBTON conducted the Prosecution.
JOHN CHAMBERLAIN . I am a coach-painter, of 11, Cottage-lane, City-road—on 30th March I was outside the Southwark police-court, in consequence of a charge preferred against my son—it was remanded—the prisoner was a witness against my son on that day—she had not given evidence be-fore—after the case was over I was outside the Court—she came up to me and said, "You are the father of that young man"—I said, "Yes"—she said, "I should not have come at all if I had not been forced"—I said, "I think you have said a good deal more than you were warranted to say, or than you knew"—she said, "I will show you how the garotting is done"—she put one hand on my mouth and the other on my scarf—I said, "I don't want showing"—she said, "Will you have a glass of ale?"—I said, "No, I don't want any ale; you can have a glass if you think proper," and I gave
her a glass—she remained with me about three minutes, and about a quarter of an hour after I parted from her I missed my gold pin, which I had seen safe when I was in the Court five or ten minutes before—this is it (produced)—I called my friend.
Cross-examined by MR. LILLEY. Q. Had the Court been crowded? A. Yes—I had gone up Newington-causeway and spoken to my wife and friend—I went into a public-house next to the police-court for the purpose of treating the prisoner to a glass of ale—she had been drinking—Í was there about three minutes—I did not see her again that day—I did not carry a watch—I thought she had said more against my son than she was warranted—I did not give her the pin for any reason, or authorize her to pawn it—I know a neighbouring pawnbroker's now—I will pledge my oath that I did not accompany her there and stand outside while she went in, nor did she bring me out the money—I was not there.
MR. RIBTON. Q. Were you in want of 2 s. at the time? A. No—it was an old family pin; I had had it eleven months—it belonged to a brother-in-law of mine, deceased—I would not have parted with it for any money.
WILLIAM ELTON . I am assistant to Mr. Clothier, sen., a pawnbroker, of the Borough-road—on 30th March this pin was pledged with me by the prisoner for 2s.—I have got the duplicate—I had seen her before—I am sure it was her—a young man came to redeem it on the following Saturday, and did redeem it—there was nobody with the prisoner.
Cross-examined. Q. How many times had you seen the prisoner before? A. She had been in the habit of using my shop; she gave the name of Jaslop—it was not J. Haslop—there was no other customer in the shop—I did not notice whether there was anybody outside—she gave her address in William-street, but I don't know where she lived.
EDWIN HUSSEY . I am potman at the Skinner's Arms, Suffolk-street—I was at Reynold's-row on 2d April—I saw the prisoner—I knew her; she was a customer of our's—one of the women who was with her asked me if I would buy a ticket of a pin—I told her I did not care about it, but I eventually gave her a shilling for it—I went and fetched the pin out—I gave the money to the prisoner.
Cross-examined. Q. Were there three women present? A. Yes—one of the others gave me the ticket, but I gave the prisoner the shilling.
MR. RIBTON. Q. How came you to give her the shilling? A. Because she held out her hand for it—this is the pin which I redeemed.
THOMAS GARDNER (Policeman, M 25). I received information, and went to the pawnbroker's—I found that this pin had been pawned there—I saw it on 5th April—I saw the prisoner at the end of Friar-street; I told her I took her on suspicion of stealing a pin from Mr. Chamberlain—it was in a public-house close by—she pushed the doors open and called to two women, "I am copped" (which means caught); "look out for the pin"—I stopped her from going in, and took her to the station—after she was locked up she said that the prosecutor made her drunk at Mr. Fearn's, next door to the pawnbroker's, and gave her the pin, to go and pawn it, as he had no more money.
Cross-examined. Q. Was she intoxicated at that time? A. I believe she had been drinking a little—she was not drunk when brought to the station—she was charged at the police-station with being drank on the day the pin was stolen.
COURT. Q. Do you know where she lived? A. Yes, at 17, Ruddal's-row, at the back of the Queen's Bench-prison; that is within about 100
yards of the pawnbroker's.— GUILTY .—She was further charged with having been before convicted, at Newington, in 1856; to which the
PLEADED GUILTY.— Five Years' Penal Servitude.
MR. POLAND conducted the Prosecution,
JOHN TANNER . I am ostler at the Red Lion, Barnes—on Thursday evening, 17th March, between 7 and 8 o'clock, the prisoner came in and had a glass of stout—he went out, came in again, and had half-quartern of gin—I saw he was fresh, and watched him—I saw him shifting money from his pocket, put it in paper, and put it in his purse—nobody was with him—he stayed about ten minutes—he seemed the worse for liquor.
WALTER WHITEHEAD (Policeman, 372 N). On Thursday evening, 17th March, I saw the prisoner outside the Red Lion, rolling up some money in tissue paper—I was in uniform—he looked up, saw me, and then went round to the right-hand corner of the Red Lion—he was gone about a minute, and when he came back I asked him whether he was waiting for an omnibus—he said, "No"—he appeared sober—I was within a yard and a half or two yards of him; he was able to walk—I took him to the station half an hour afterwards—he gave his name "George Mark"—I asked him what he bad been drinking—he said, "Stout"—I asked him where he lived, but he was so stupid in his speech I could not make out what he said—I hired a horse and cart, and took him to Wandsworth station, where I found loose, in his right trousers'-pocket, 8s. 3d. in silver, and 3d. in copper—four of the shillings were bad—in the right-hand pocket of his Inverness-cape I found a purse containing seven shillings, two florins, and one half-crown, all counterfeit, and all wrapped separately in tissue paper—I gave it to Sergeant Keenan, and by his orders I searched the court, and found the bad shilling—the prisoner gave his name at the police-court, "George Smith, 244, Gray's-inn-road"—I went there and found that it was his right address.
Prisoner. Q. Did you search my lodging? A. Yes; I found no bad money—I saw no letters in your drawers, but between thirty and forty duplicates.
THOMAS KEENAN (Police-sergeant, V 41). On Thursday night, 17th March, the prisoner was brought to Southwark police-station by Whitehead—I searched him, and found four shillings, four sixpences, and a threepennypiece—I said, "Is that all the money you have got?"—he began to move himself about, and pulled out his purse, which he handed to me—the constable opened it—I saw the tissue-paper, looked at the money, and said, "This is all bad"—there were seven shillings, a florin, and a half-crown, all bad—on examining the other money I found four bad shillings—I directed the court to be examined, and the constable brought in a bad shilling—I asked the prisoner his name—he said, "Marsh," or "Mark"—he gave his right address—I showed him the purse next morning, and he said, "That is not my purse"—I said, What about this money?"—he said "I know nothing about it"—I said, "You had it last night"—he said, "I do not know what I had"—I said, "What money had you when you left home yesterday morning?"—he said, "A sovereign and some change," and that he went to Lambeth to see some friends, and went down by the train to Barnes with two friends, who gave him something to drink, and after he got out of the town he recollected nothing more.
Prisoner. Q. Did I say with two friends or two men? A. Friends.
1860, found in his pocket, two shillings in his purse, and the shilling found in the court, are all from the same mould.
The prisoner produced a written defence, stating that he went to Barnes with some friends who produced a bottle in the train, of which he drank freely, and knew nothing more till he awoke at the police-station, where the purse of bad money was found on him, and his purse containing 30s. in gold was missing; and that the two men were put upon him out of spite by some persons whom he had prevented selling some goods in Wigan.
NOT GUILTY .
MR. WHARTON conducted the Prosecution.
JAMES GATTEN . I am a labourer, of 2, Waterloo-place, Clapham—the prisoner is my son—I was present at his marriage with Phœbe Mitchell about twelve years ago—it may have been about 13th September, 1852—he was living with me at the time—he lived with her at Vauxhall—I do not know how many years they lived together—she went away from him—I saw her about four months ago.
MARY HAYNES TUCK . I live at 10, Chapel-street, Stock well—I was married to the prisoner in the name of Richard Terry Gatten, on 13th December, 1860, at St. George's, Camberwell—he was a brewer's man, and brought beer to my house.
Prisoner. You knew that I was a married man, and that my first wife was living. Witness. No; your mother came over and represented you as a widower, saying that your wife had been dead a year and seven months—I should not have brought you here, but you are cohabiting with another woman, and taking her to places of amusement, and spending my property.
MICHAEL BOVINIGER (Policeman, V 162). I produce certificates of both marriages—I have compared them with the registers at both churches—they are true copies. (The first certified the marriage of Richard Gotten and Phœbe Mitchell, at Clapham, on 13th September, 1852, and the second the marriage of Richard Gatten and Mary Haines Tuck, at St. George's, Camberwell, on 30th December,,1860)
The prisoner called
ELIZABETH GATTEN . This woman knew that the prisoner was a married man before she married him—her mother and I were going to the City before the marriage, and met her at the Elephant and Castle—she asked her mother, who was at home—she said her son Richard, and that his wife had left him—she said, "Send him to me, and we will make it all right between us"—that was in October—I was not present at the marriage, and did not know of her being married till after it was over.
Cross-examined by MR. WHARTON. Q. Do you remember the year of the second marriage? A. 1860—I do not remember the month—this interview was before the marriage—the marriage was in the later part of the year.
MRS. SPENCER. I know that Mary Haynes Tuck knew that the prisoner was married—he has told her so, but I was not present—her first husband was alive when she was married to him, and he died last October—he was my brother—he had not lived with her for the last nineteen or twenty years—I had it from him that she was married about six months before her last child, by my brother, was born.
GUILTY .— Confined Eighteen Months.
Before Robert Malcolm Kerr, Esq.
MR. WOOD conducted the Prosecution.
THOMAS KIRBY . I am a currier—on Tuesday night, about 7 o'clock, I was at a public-house with the prisoners—I had some words with Lane about a dog—about twenty minutes to 10, left the public rather fresh, when I was knocked down by Lane, and there was a scuffle on the ground—on getting up, I found my chain was broken, and my watch gone—I was some few minutes on the ground, as I was senseless, and on getting up I could not see the prisoners.
Cross-examined by MR. LILLY. Q. What time did you go to the Pitt's Head? A. About twenty minutes to 7—neither John nor Michael Mahoney were in the same compartment as myself—I had been speaking to Lane about the dog, some hour and a half before I was knocked down—I didn't speak to Lane outside the house—I was rather the worse for liquor.
Cross-examined by MR. TAYLOR. (For Lane.) Q. Had not you been sparring with Lane in the public-house some hour and a half before you were knocked down? A. Yes; for he said I had struck his dog, which I had not done.
ELIZABETH JUDGE . I live at 12, John's-place, Bermondsey, and am married—about 10 o'clock, I saw a tall man strike the prosecutor as I was standing near the Pitt's Head—a large crowd soon came round—the prosecutor was covered with mud—two of the prisoners ran off; I can't swear which.
Cross-examined by MR. LILLY. Q. Do you know a man named Plumb? A. No—I know very few people about that neighbourhood—the whole of this knocking down only occupied about a minute.
Cross-examined by MR. TAYLOR. Q. Was the prosecutor very much in liquor? A. Yes.
JOSEPH FRANCIS . I am landlord of the Pitt's Head, Bermondsey—on 15th March, the three prisoners were together in my house—the prosecutor hurt a dog by squeezing it in the door as it was going out, and Lane then threatened him—after which Lane returned to his friends, the prisoners—the prosecutor seemed rather fresh—as he came out of the house he spoke to me—Lane then came out, and I turned round for a moment, and in an instant all four, prisoners and the prosecutor, were on the ground.
NOT GUILTY .
MR. WOOD conducted the Prosecution.
JOHN WALKER . I am a carman, of Bermondsey—I was passing down Grange-road, about 12 o'clock, on March 19th—the prisoner appeared to tumble down close by me, and then a lot of women came round me—fearing some violence I ran off—the prisoner stopped me, knocked me down, and kicked my head—the women pulled my hair, surrounded and maltreated me, and I was insensible, and covered with blood—when I came to, I felt in my pocket, and missed my money, 2s. 1 1/2d.—I am sure the prisoner is the man.
NOT GUILTY .—THE COURT considering that a case of robbery could not be made out against the prisoner.
GUILTY .— Confined Twelve Months.
JOHN JACKSON (28) , Breaking and entering a certain building within the curtilage of the dwelling-house of Daniel Searle, and stealing therein 1 pair of trousers and other articles, the goods of Matthew Newham.
NOT GUILTY .
McKENNEY.— Ten Years' Penal Servitude.
THOMAS and JACKSON.— Three Years' each in Penal Servitude.
Before Mr. Baron Pigott.
MR. WHARTON conducted the Prosecution.
HANNAH HOLMES . I am the wife of Thomas Holmes, an engineer, of 14, Lambeth-walk—I know the prisoner—he is a carpenter, and had worked on the premises for about a week—we had only moved in on Monday; the day before this happened—on Tuesday we went to bed about 11—my husband and I fastened the doors and windows—on Wednesday morning I came down about twenty minutes to 6, and found the back windows open, which looks on a yard; the shutters had been forced open—three large clothes' chests, which had not been taken up stairs, and which when I went to bed were the largest at bottom and the smaller at the top, near the only window in the room—they had been moved, and prized open—we missed three shawls, three dresses, and some blankets and sheets, value 12l.—they had taken the best, and left the rest—in the yard we found the prisoner—my husband said, "What are you doing here?"—he said, "I am coming to my work"—my husband said, "Where are your tools I"—he said, "I do not know"—I said, "I saw last night, when we went to bed, they were behind this door"—it had been taken away—I had used a hammer out of the basket over night—another basket of tools belonging to another carpenter were safe—the prisoner, when told the place was robbed, said, "It is a bad job for a poor fellow to lose his tools, "but he seemed indifferent about it, and went to his work—I did not hear any one knock at the door for admission—the window is about sixty yards from the road, but there is a stable at the back.
Cross-examined by MR. LILLEY. Q. How many men were working there? A. I can scarcely tell—the boxes had been moved down—I lost a large number of articles, including sheets—there is a privy in the back yard—my husband goes to work at 6 o'clock—the Bed Lion is next door.
HENRY BURTON . I am agent to the Aerated Bread Company, and live at 64, Lambeth-walk—I know these premises—the prisoner works there—I remember the morning of 23d March—Mr. Holmes came to me about twenty minutes to 6—I found the prisoner in the shop—Mr. Holme said to him, "I found you in the yard at a quarter to 6, "which is decidedly before the time to come to work—the prisoner said, "I came early as I wanted to get my work finished"—Holmes said, "Why did you come in the back way"—he said, "I knocked for more than half an hour at the front, and could not make any one hear, so I came round to the back"—I went for a constable, and came back with him—I then said, "I have a good mind to give you in charge for being here at this time of morning"—he coloured up very much, and said that he came to get his work done early—he said, "I have lost nearly all my tools, and that is bad enough, without being accused of
This"—on the previous day I saw some one with the prisoner, called Mike—I said to the prisoner on 22d, "What does this fellow (Mike) want here?"—the prisoner said, "I suppose he came for a drop of beer with me next door"—the prisoner had worked there about a week—there was a dog there.
Cross-examined. Q. Do you employ the workmen? A. No—I know that the general time for bricklayers to go to work is 6 o'clock—my men never commence till 7; they are painters, and they had the keys—the tenants only came in the preceding day—this affair happened on 23d March—on that day, at 6 in the morning, it was light enough to do carpenter's or bricklayer's work—the prisoner was not a contractor, but worked by the piece.
JANE HAGGERTY . I am the wife of John Haggerty, who keeps the Red Lion, next door to Mr. Holmes—there is glass over our yard, but it is broken—there is no communication between our yard and their premises—on Tuesday morning, 22d March, about 11 o'clock, the prisoner and another young man came in, and drank three pints of beer at the bar—they both went to the back of the house, where there is a convenience—just before 11 in the evening, two young men came in very quick at the door, and passed through the passage—one of them was the man who was with the prisoner in the morning, but I do not remember the other—there is only a wall between the premises—it is not very high.
Cross-examined. Q. Is your's a beer-house? A. Yes—I do not know that I had ever seen the prisoner before.
COURT. Q. You cannot say whether the prisoner is one of the two who came in the evening? A. I cannot, but I think it was a much shorter man—those two men never returned to the best of my knowledge.
JOHN HAGGETT . I am the husband of the last witness, and keep the Red Lion—on Tuesday morning, 22d March, between 10 and 11, I saw the prisoner and another young man in front of my bar—they had two pints of beer, talked for half an hour, and went to my back place—about 11 o'clock at night, the one who was with the prisoner in the morning and another man, who I did not know, went through my place—it was not the prisoner—I had got up to go out, and heard a noise—I thought it was on my back premises—I looked out, but saw nothing—I thought I heard footsteps—my back yard is divided by a wail about eight feet high from the prosecutor's premises—there should be a skylight there, but a few of the windows were broken, and the men had got through there—I saw on a lead pipe, leading from the water-butt, marks of persons getting over to the next premises—the pipe was bent down by the weight—the water-butt is under the glass—the yard is very small.
Cross-examined. Q. Since you have been in the house have you had a tolerable amount of custom? A. Very fair—it is not unusual for workmen to come in and have their morning drink about 11.
COURT. Q. Can a person get out of your back-yard without coming back through the house? A. They can in the day time, but the door is locked at night—I did not think of their having gone through when I locked up—they might have come back without my seeing them, but I do not remember it.
ISAAC SHEPPARD (Policeman, L 2). I was fetched to the premises on the 23d, and found that the shutter had been forced—there were marks on the wall between Holmes's premises and the Red Lion, where some persons had got over—I found the thieves had made their retreat from the back-yard into Doughty-street—I saw the prisoner there, and asked him why he came so early that morning—he said that it was no earlier than usual—
I asked him why he came in the back way—he said that he had been knocking at the front, and was not able to get an answer.
COURT. Q. What way is there into Holmes's back-yard? A. By getting into Doughty-street—that is the way I say the people went who broke into the house, and he must have got over the same fence—a workman who wanted to get into Holmes's back-yard before it was light would do so by getting over a boarded fence six feet high, which divides Doughty-street from Holmes's back premises; he could step up where the boards are broken—the fence between Hughes's premises and Doughty-street lies back thirty or forty yards.
MR. LILLEY. Q. I believe you said that you should take him for committing the robbery? A. For being concerned with others—he said that he did not know anything about it.
CHARLES HUGHES . I live at 7, John-street, Kennington-road—on 22d March I saw the prisoner and a tallish man at the bakery in Lambeth-walk—the prisoner was showing him about the bakery—that is the place where Mr. Holmes lived—he pointed to three boxes that were standing in the room, and then he went and met another man and two women—he pointed to the room and said, "There are the boxes in front of the window"—they then went away and joined a shortish man and two women at the public-house on the other side of the road, and they all four went drinking in front of the bar—I saw the prisoner and the tall man again after 10 o'clock on that night, outside the Red Lion beer-shop, which is next door to the bakery, and heard the prisoner say to him that he and the shortest man were to push through the crowd in the beer-shop, and wait at the back till all was quiet, and he would go round to the back and wait—I was in the bakery, not a yard off—the two men then went away from the prisoner, and he walked round the house towards the back—I had to leave work at 4 o'clock next morning, and I spoke to the lad—the prisoner also said that he would walk in next morning at a quarter to 6 dirty, as if he had woke up and thought it was late.
Cross-examined. Q. What is your business? A. Drawing of the dough from the machine of the Aerated Bread Company's Borough establishment—that is not above seven or ten minutes walk from Kennington-road, and about ten minutes walk from Lambeth-walk to the corner of the Borough-road—this is the front shop round the corner, at the end of the Borough-road, next Blackman-street—I left off work at 2 o'clock, and went up to the Depot to have a look at the shop—I saw the other man at work—I went to the premises, and then came out and stood outside—I was on the premises about a quarter of an hour—the prisoner saw me, and the other man could see me—I could see the boxes, and that the people had come in; there were other things in the room—I walked through to the back-yard—I did not observe how many men were at work there—I was there after 10 the same evening, as I went home from the Foreign beast show at Vauxhall-gardens—that was my nearest way home—I slept at home—my father lives at 7, John-street, Kennington-road—he is foreman at a wine vault—I stopped about a quarter of an hour opposite the Red Lion, talking to a companion—I wished him good night, and went home—I did not go into the Red Lion—I only knew Mr. Holmes by seeing him in the street—I did not know that he was living on the premises—I knew that Mr. Holmes lived previously in Pratt-street, but I do not know the number, and did not know he was the person who was going to take the Depôt—I knew it was a depôt of ours, because I saw Mr. Burnham having the arrangement
of it—he is in the Aerated Bread Company—I was near enough for the prisoner to observe me, but in a different dress, in light clothes.
Cross-examined. Q. What is your business? A. A carpenter—I have been so about three years—carpenters usual time to go to work is 6 in the morning, but we were not allowed to go till 7, because the painters had the keys—that was before the tenants came in, but they had not been in long—I was working there the previous day, and knew that the tenants had come in—if the foreman likes to allow it, it is not an unusual thing for an acquaintance to come on the works, and have a drop of beer with a man when he goes for his morning drink at 11.
Witnesses for the Defence.
WILLIAM MATTERFACE . I am the prisoner's father, and am a carpenter, and so is he—he lives with me at 7, Harlowe-cottages, James-street, Lambeth—he sleeps in the same bed with me—on the night, between 2d and 3d March, he slept with me, and was in bed at half-past 10 when I came in—I called him at half-past 5, that he might go and get the job finished, because I wanted him to go and do some fencing at Stretham, and I heard Mandsley's bell and Big Ben go the quarter to 6—it would take him very near a quarter of an hour to go to Lambeth-walk—I am not a heavy sleeper—I am fifty-eight years old—I am certain he did not get out of bed from half-past 10, when I went to bed, till I called him at half-past 5—he had had a drop of drink in the afternoon, but nothing to speak of—he would not have got up so early if I had not called him—I had lent him some tools.
Cross-examined by MR. ABRAM. Q. Do you occupy a house by yourself? A. Yes, there are four rooms in it—I sleep in the back room, top floor, with the prisoner, and his sister sleeps with my wife in the other room, and has done so for about twelve months, because my wife is an invalid—I was out having a drop of beer that night—I had two pints, I suppose—I had not not been at work all day—I bad been about this job at Stretham—I did not go out that evening till 8 o'clock—the prisoner was then at home, lying on the sofa—he came in soon alter 6—I went down to the Waterloo-road, to Mr. Butcher's beer-shop to agree about the fencing—I only had two pints of beer—I know it was half-past 10, when I went home, because we have a clock in the house, and we can hear Ben every quarter—the prisoner was asleep when I went home—I am quite certain I am speaking of the same night, because I agreed for the job at Stretham—6 o'clock in the morning is our time to go to work—my son's master required him to go at 6—I am certain of that.
MR. LILLEY. Q. Was he taken in custody the same day? A. Yes; I was examined before the Magistrate.
MATILDA MATTERFACE . I am the last witness's daughter, and the prisoner's sister—I am blind—I live with my parents—I remember my brother being taken in custody—the night before that he came home at 6 to his tea, and did not go out afterwards—he went to bed at 10 o'clock—our family generally sit in the same room, and take our meals together—I usually sit with my mother, and did so that evening—we can hear Mandslay's bell ring from our house at twenty minutes to 6, and again at 6, morning and evening, and we can hear Big Ben, and have a clock which keeps time with it—I therefore know that my brother went to bed about the time I mention—I went and fetched his candle down, and bade him good-night—I am able to go about
the house without assistance—I do for my poor mother, who is an invalid—I said, "Good-night, Sam;" and he said, "Good-night, Till"—he was then in bed, judging from my hearing—I sleep with my mother, on the same floor as my brother and father—from the house being small we are able to hear any noise readily of persons moving—my mother frequently requires assistance in the course of the night, but I do not recollect whether she did on this night—she has been an invalid for years, and I have waited on her, and have become a very light sleeper—to the best of my knowledge, from the time my brother went to bed, there was no person moving in the house, till between 5 and 6, and next morning I heard him jump out of bed when my father called to him—I know my father's voice and my brother's distinctly—I heard my brother dressing himself, and heard him leave the house, but heard no conversation—that was about a quarter to 6—the bell was ringing when he was dressing—if he had got out of bed in the night he would have disturbed me, and he could not have got back again if he had gone out—I was examined before the police Magistrate.
Cross-examined. Q. Do I understand you to say that no one moved in the house between 10 and half-past 5? A. Not that I heard—my father was in bed—I heard him come home about half-past 10, and I called, and said, "Is that you, father?"—he said, "It is."
MR. LILLEY. Q. Might it have been later than half-past 10? A. Yes; but I cannot say to a few minutes—I hear the clock strike nearly every hour in the day—no imputation was ever cast upon my brother's character before, to my knowledge—he has always borne an honest character, as far as I know, and has always been in employment.
COURT (to WM. MATTERFACE). Has there ever been any imputation on your son's character before this? A. Not at all—I have two letters to his character.
COURT (to CHARLES HUGHES) Q. Had you known the prisoner before?
NOT GUILTY .
MR. WOOD conducted the Prosecution.
WILLIAM SHORT . I am foreman to a manure manufacturer, and live at 26, James-street, York-street, Walworth—on 19th February, about I or half-past in the morning, when I was in bed, I heard a noise, as if somebody was breaking into my premises—I got out of bed, opened the window, and saw that the parlour shutters were wide open—I had fastened them before going to bed—I called "Police!" as loud as I could—my housekeeper hearing the noise, came into my room—I told her to look out of the window while I put my trousers on—I put my hand out of the window and touched the top of the shutters and put them to—they were gently opened again, and a head came out—my housekeeper said, "Short, here they are"—I looked out, and saw the prisoner—he looked up at me, and said, "Short, Short, don't be frightened; it is only Dudley"—I had known him previously—I said, Oh, you vagabond!" and he got out of the window, made use of some filthy expressions, and went away—a policeman came, and I went down and looked about—a lot of my papers were spread over the floor, a tea-caddy that I used to keep my cash in was moved on to the carpet, and a window was broken, and next day I missed from a drawer a silk pocket-handkerchief, which I had
seen on the morning previous to the robbery—I could not say positively whether I had fastened the drawers the night before.
ANN BOLT . I am a widow, and act as housekeeper to the prosecutor—on the night of 19th February, I was disturbed by his getting out of bed and moving about his room—I went to his bedroom door, and asked what was the matter—he said, "Come in; somebody has broken into the house"—before I could get in, I heard him call "Police!" three times—he told me to watch the window while he put on his clothes—I did so, and I saw the parlour window gently open, and something come out—Short said, "I will have you, whoever you are"—the man carelessly put his hand on the window-cill, and said, "Don't be frightened, Short; it is only Harry Dudley;" and as he got out of the window, I distinctly saw his face—he said, "You vagabond, to break into the house"—he said, "Go to b—y," and ran from the window right round the corner—I have not the slightest doubt it was the prisoner—I had seen him once or twice before, coming backwards and forwards to Mr. Short's house to work—I had seen him about 4 o'clock that afternoon—I did not go into the parlour that night; but next morning I saw the papers all scattered about, and the box they had been in empty—the tea-caddy was broken open, and the middle pane of the window was broken close at the bottom bolt of the shutters—the shutters had been fastened the night before.
EDWARD WORRELL (Police-inspector). About half-past 1, on the morning of 19th February, from information I received, I went to the prosecutor's house—I found that an entry had been made by forcing open the shutters—they open outwards—there is a bolt to each shutter, and one of them had apparently been pulled away from the hole—the window was open—a square of glass was broken in the centre close, to one of the bolts—I examined the room—I found a number of papers scattered about, and marks of a dirty footmark on the table under the window—a drawer in a chest of drawers had been broken open, apparently by a chisel or jemmy.
JAMES HANS (Policeman, P 45). On Saturday night, 5th March, I met the prisoner in the Walworth-road—I stopped him, and said, "Dudley, I am going to take you into custody for burglary"—he said, "I don't know what you mean"—I said, "It is for breaking into Mr. Shorts house, your late master"—he said, "Very well"—I found on him a knife which is used by thieves who go out lifting windows—it appeared to have been used for the purpose of shoving back the hasp of the window and lifting it up.
COURT. Q. How does that appear? A. By the notches in the blade—I was instructed by the prosecutor to take the prisoner into custody—he mentioned some name.
GUILTY .—He was further charged with having been before convicted of felony at Newington, in January, 1860; to this he
PLEADED GUILTY.— Ten years' Penal Servitude.
Before. Mr. Common Serjeant.
The following prisoners PLEADED GUILTY to unlawfully uttering counterfeit coin.—
MR. WOOD conducted the Prosecution.
March I went to bed at a quarter to 1 o'clock—it was Easter Sunday morning—all my things were safe in the kitchen when I went to bed—there was my top coat, with the driver's badge on it, and a pair of gloves; also a pair of boots—I fastened up the house with a small bolt and a latch, and a mat was put against the door—I came down stairs about half-past 6 in the morning—the door was open, and the mat was thrown into the garden—the door must have been forced—I missed my coat, my boots, and my daughter's boots—I found the prisoner in custody at the station.
Cross—examined by MR. LILLEY. Q. Is not a quarter to I rather late for you to be out? A. No—I did not go to any public-house or place of refreshment—my daughter and myself went np stairs together—I shut up the back door, where the entrance was effected—I found it partly open when I came down—it was not broken, but forced.
WAITING MARCHANT (Policeman, P 194). On the morning of 27th March I was on duty in Richmond-street, Walworth, in plain clothes, about a quarter of a mile from the prosecutor's house, and met the prisoner about half-past 8 o'clock, currying a large carpenter's basket, which was very bulky, on his shoulder—I knew him to be a notorious thief, stopped him, and said, "Tommy, what have you got here?"—he said, "What I have got here is my own; it has nothing to do with anyone"—I said, "You must go to the station"—he said "All right, I will go with you quiet"—we walked a short distance together very quietly—I took hold of him and he all at once swung his basket over his shoulder on to my neck and said, "You you don't take me to the station—he closed with me, and threw me down—I fell under him—he placed both his knees on my chest, and his right hand on my necktie—with his left hand he took hold of my hair, and bumped my head on the ground—a man coming past at the time took my rattle from me, and sprang it—as he did so the prisoner left go of my neck, and tried to get away—I just managed to get hold of his right leg, and stopped him—he kicked me in the side—assistance came, and I took him to the station—another constable took the basket to the station—when we got to the station, I asked the prisoner what was in the basket—he refused to say, and refused to give any account of himself—Mr. Mills identified the things found in the basket—the prisoner was wearing this coat, in the pockets of which, were 11 keys, 1 pair of goloshes, and the prosecutor's badge—I went back to the prosecutor's place and found some footmarks, but there had been a slight frost, so they did not make much impression—there was just enough to see that somebody had been there.
Cross-examined. Q. Will you pledge your oath, that at the time you met him, you asked him that question; as to the contents of his basket? A. I will—before he was taken to the station, almost before I stopped him—the man who sprang my rattle is not here.
WILLIAM DIBBEN (Policeman, P 113). A little before 6, on the morning of 27th March, I saw the prisoner and the last witness on the ground, the prisoner used violence to him—I went up and assisted in taking him—the basket was on the ground, and the other constable picked it up.
The prisoner's statement before the Magistrate:—"I have nothing to say to the charge of burglary, but I did not kick the constable."
GUILTY .—He was further charged with having been before convicted of felony at Newington, in October, 1862, to which he
PLEADED GUILTY.**†— Ten Years' Penal Servitude.
There were two other indictments against the prisoner.
ADJOURNED TO MONDAY, MAY 9TH, 1864.
The following Prisoners, upon whom the Judgment of the Court was respited at the time of Trial, have since been sentenced as under:
Vol. lix. Page. Sentence.