CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 9TH, 1864.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
Sess. VII to XII
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, May 9th, 1864, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; the Hon. Sir EDWARD VAUGHAN WILLIAMS, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir FRANCIS GRAHAM MOON, Bart. F.S.A.; and Sir ROBERT WALTER CARDEN, Knt., Aldermen of the City of London; RUSSELL GURNEY, Esq., Q. C., Recorder of the said City; WILLIAM FERNELEY ALLEN, Esq.; JOHN JOSEPH MECHI, Esq.; JAMES ABBISS, Esq.; ROBERT BESLEY, Esq.; and SILLS JOHN GIBBONS, 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. SEVENTH 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, May 9th, 1864.
Before Mr. Recorder.
MR. LEWIS conducted the Prosecution, and MESSRS. METCALFE, POLAND, and BESLEY the Defence.
MARY ANN VICKERS . I am single, and live at 16, Lansdowne-road North, Dalston—I had a relation named Joseph Hankin—with the exception of my mother, I was his nearest relation, as far as I know—he used to live with me, but afterwards went to reside with the female prisoner, at 2, Union-court, Stoke Newington—she is a monthly nurse, and her husband is a road-scraper—he lived there eighteen or twenty months—the female prisoner told me that he paid her twelve shillings a week for his board—I was in the place very frequently, nearly every Sunday—before he went there, he had placed 560l. in my possession, which I returned to him, in November, 1859—I last saw it in March, 1862, the whole amount; it was in notes and gold—in July, 1862, be spoke to me about making a will, and I asked the prisoner and her husband to come up stairs and sign the will—this is it (Produced. This was dated 23d July, 1863; it left the whole of his property to Mary Ann Vickers, after payment of his debts and funeral expenses. Signed, "Joseph Hankin, in the presence of David Read and Maria Read")—I wrote this will in pencil from his dictation, and afterwards took it to Mr. Howarth, my brother-in-law, who copied it—Mrs. Read was not present when I had any conversation with the deceased about money—he died on 26th November last, and I went to the house about three or four hours afterwards—I went straight to the box where the deceased had told me that his money was, to take it, but only found about 12l.—I went down stairs, and said, "Mrs. Read, you must be aware that my cousin had money to live upon; all he possessed in the world was in this house. I cannot find it: do you know anything about it?"—I believe the male prisoner was present—she said, "I know nothing about it"—I said, "He had money to a large amount in this house; bank-notes to a large amount"—she said, "Bank-notes! I had no idea he had any money at all. I never saw any of his money, beyond what he paid me weekly for his board and lodging, you know Mrs. French has been to see him, and stayed with him till 7 o'clock in the evening, and left him in a
state of stupor, and so he remained for several days, and, perhaps, she may know something about the money; and an old gentleman has been to see him"—I left after that conversation, and went to seek out Mrs. French—I went to the prisoners' again a day or two afterwards, and saw the prisoners—the male prisoner asked me if I had found out Mrs. French—I said, "Yes, I have, and she will come here"—that was all the conversation of any importance—on the Monday or Tuesday following, I went again, with Mr. Howarth, and my mother settled with them—Mrs. Read said that all the deceased owed her was ten shillings, which my mother paid—Mrs. Read said that he paid her regularly twelve shillings a week from his bed—Mr. Howarth asked her if Mr. Hankin had, in his lifetime, made her a present of money, or clothing, or jewellery, or any of her family—she said, "No, Sir, never, to my knowledge"—Henry Read then said, "Mother, do not say another word; let them go to law with us"—Henry Read wrote this receipt, and his mother signed it—(Read: "Mrs. Read to Miss Vickers. Board and lodging for Mr. Hankin, up to the time of his death, 10s. Paid, Maria Read.")—on 8th January, I went again, with Inspector Langdon—I went in first, and said that I had brought a gentleman to question her about this money—I said, "Do you know him?"—she said, "No, I have not that pleasure"—he then asked her if she knew Mr. Hankin had any money—she said, No, he had not any money, that she knew of, and that Miss Vickers and her mother knew all that there was—Langdon then produced a piece of paper, and said, "This is some information from the Bank of England. You are the woman who has changed the 200l. note"—she said, "I know I did; he gave me the money"—Henry Read then came running down stairs, and said, "Charge us with robbery; charge us with robbery"—that was before he was accused—I then said, "You are the man that changed the 10l. notes"—Langdon said to Mrs. Read, "What witnesses have you?"—she said, "None, but my own children"—a Coroner's inquest was held in February, at which I heard Mrs. Read state that she changed a 100l. note in December, 1863—the deceased kept the 560l. in a box in his room by itself, and the other money he had he kept in a separate box—after his death, I found the box in which he had kept the 560l., but it was not there—the rest of the money which he paid his way with, was in a tea-caddy, which I found—he also had a little plate and jewellery, and his wife's clothing—I went with Inspector Langdon when the house was searched, and, in a room up stairs, which the deceased had occupied, was found a tea-caddy, a silk dress, and a hearthrug—the daughter found those things—when I asked about a brooch, she said that it was not in the house, but she sent for it—Mrs. Read was not there; but I heard her solicitor say, that he had the brooch—the deceased's habits were very reserved, very mean and close, and very quiet—he was paralyzed for some time before he died, but was better towards the last—he has been bed-ridden, but he could get up afterwards.
Cross-examined by MR. POLAND. Q. Had he lodged with you and your mother? A. Yes, at Stoke Newington, in the High-road, up to March, 1862—I gave him back the box in 1859, the same year in which he gave it to me—it was locked—I gave him the key with it, and never had it afterwards; but I saw the contents of the box afterwards, previous to his leaving me—that was in the same month of March—I did not see the contents of the box after he left me—when I saw it in March, 1862, I saw that the contents were just the same as when I had it in my possession—it would be quite wrong to say that I did not see the box since February, 1859—there were two or three letters of mine, which I had sent him, in the box when
I saw the contents—it is in March, 1862—it was not full of papers; it only had the notes and gold and my letters in it—the papers were on the top—I did not open them—the box was, to all appearance, the same in March, 1862, as when it left my custody—that was the date of my relative going to the Reads; he went straight to them when he left in March, 1862, without any interval between—three hours after the death, Henry Read came and fetched my mother in a cab—I was in London—he telegraphed for me on his way to their house, and I arrived about 2 o'clock—I have not got the telegram here—Henry Read was in and out the whole time, and I believe he was present the whole time I am speaking of—it was on the evening of the death that Mrs. French's name was mentioned, when I could not find the money—Henry Read wrote the account, I think, by his mother's dictation; she stood by his elbow—the interview of 8th January lasted about a quarter of an hour—I had been in the house about five minutes when Henry Read came running down stairs—it was not so long as ten minutes—he came down directly afterwards, and I said directly, "You are the young man that changed the 10l. note. "
Cross-examined by MR. METCALFE. Q. What relation are you to the deceased? A. Second cousin; my mother was first cousin—he ceased to live with me, as I went to live with my mother—I could not take him there, and he said, "Will you get me a lodging close by, where you can see to me?"—it was about a quarter of a mile from me—I happened to have the prisoner's younger son living with me as errand-boy—the deceased was putting his boxes to rights Just before he went, and he called me into the room, and said, "I am packing up my things; I am going to leave, and you must come and see me as often as you can—he was not rattier annoyed at going away; he was a very good-natured man—I never heard him speak ill of any one—he had lived with me from July, 1859—he had then just lost his wife, and he was very ill—he sent for me before he left his house, at Hornsey, and, putting the money into my hands, said that he wished to come and live with me—I fetched him a week afterwards; but I did not give it back to him till the November following—my mother was on very good terms with him—she was there on the Tuesday previous to his death, on Thursday—she was at the Coroner's inquest, but was not called—I summoned both the prisoners to the inquest as witnesses, but I left it entirely in the inspector's hands—they were present—I expressed a wish that they should be examined—I suggested that the old man met his death improperly, as he died so suddenly—I did not say, at the hands of these people—I was very dissatisfied—I did not cause questions to be put to them by the Coroner; but it came out—the Coroner asked the questions—Mr. Hunt and Mrs. Read admitted changing these notes—Henry Read was present, but was not examined—although Mr. Hankin was bed-ridden, I have seen him put his legs out of bed and sit on the side of it; and when he took his meals, he fed himself—I cannot say whether he could get about the room.
MR. LEWIS. Q. Was Mrs. Read represented by an attorney at the inquest? A. Yes; by Mr. Beard—I was not represented by an attorney—I heard Mrs. "Read decline to answer questions put to her—it was her duty to furnish the deceased with food—she said that he agreed to pay her ten shillings a week to board and attend to him.
CHARLES HOWARTH . I live at 16, Lansdowne-road North, Dalston, and am a commercial traveller—I am brother-in-law to the last witness—I went with her to the house of Mrs. Read—I said to her, in the presence of the male prisoner, that it was a very unpleasant thing both for her and Miss Vickers, but would she have any objection to answer the question, did Mr. Hankin, in his
lifetime, give her, or any of her family, a present of any money, or anything?—she said, never, to her knowledge; that her two sons had a new shilling each last Christmas time, and that was all the money she ever knew Mr. Hankin to give—Mrs. French's name was mentioned, and likewise an old gentleman who had been there—I copied the will that has been produced—it is not my composition; it is simply a copy.
JAMES CURWEN . I was the stock-broker to the deceased—I produce two cheques which I drew in his favour; one dated 26th March, 1858, for 291l., and one dated 13th October, 1858, for 207l., on the Bank of England.
ROBERT WILLIS . I am a clerk in the Bank of England—Mr. Curwen keeps an account there—both these cheques were cancelled by me—for that 291l. cheque, I gave one 200l. note, No. 69,306, dated 11th March, 1857, nine 10l. notes, Nos. 17,302 and onwards, dated 8th February, 1858, and one sovereign—for the 207l. cheque I gave two 100l. notes, Nos. 29,334 and 29,335, dated 5th June, 1858, one 5l. note, No. 44,818, dated 14th August, and two sovereigns.
MR. METCALFE. Q. How have you ascertained that? A. By examining the Bank-books, and I took the note off the file for that day—all notes changed on a particular day are kept on a particular file.
MR. LEWIS. Q. Is each note as it is cashed placed on a particular file? A. Yes—I have been in the Bank twenty-eight years; that has always been the custom—I took this note from the file of 29th June, 1863—I also produce two 100l. notes and seven tens—they are the notes spoken to by Mr. Willis—one of the 100l. notes I took from the file of 3d December, 1863, and the other from the file of 7th September, 1863—two of the 10l. notes I took from the file of 7th May, 1863; two from the file of 30th March, 1863, and two from files of December, 1863—the 200l. note was changed in the hall of the Bank, and the two 100l. notes also—there is an endorsement on the 200l. note: "Maria Reed, 2, Union-place, Dalston"—the 100l. note, No. 29,334, has on it "William Read, Hackney-road," and the other 100l. note has "Maria Read, 2, Union-place, Stoke Newington"—two of the 10l. notes changed on 7th May, 1863, have "H. Read, 2, Union-place, High-street, Stoke Newington," and No. 17,304 has" H. Read" on it and no address—none of the others have "Read" on them.
Cross-examined by MR. METCALFE. Q. Are not these endorsements very often made by the clerks? A. No; I don't think any clerk would dare to make an endorsement on a note—if a person could not write, he would be told to make a cross, and the clerk might then put So-and-so, his mark—they do not write the addresses; they tell every one to write their own address.
CHARLES HOWARTH (re-examined). I have seen Henry Read write; I believe the "H. Read" on this 10l. note to be his writing, and here is one other as to which I am of the same opinion—these are the only two I recognise.
GEORGE PEELING . My uncle keeps the Crown and Castle public-house, Kingsland-gate—I recollect Henry Read bringing a note some months ago; I do not recollect the amount of it—I got the change for it from my uncle, and gave it to him—I never changed any other note for him—I got him to put his name on it, but I should not like to swear to it—I did not take particular notice of it.
Cross-examined by MR. POLAND. Q. Had you known him before? A. Yes; for some years—I always believed him to be a respectable young man.
Cross-examined by MR. METCALFE. Q. Do you know anything of Mrs. Read? A. I have known her for some time as a customer—as far as I know she always bore a good character.
MR. LEWIS. Q. Do you know what Henry Read is? A. I understood he was a grocer's assistant—I don't know why he left his last situation.
DONALD CAMERON . I am a commercial traveller—I was formerly in business as a draper at Stoke Newington—I changed these three 10l. notes for Mrs. Read, one on 6th March, 1863, one on the 27th, and the other on 10th December.
Cross-examined by MR. METCALFE. Q. Did Mrs. Read change the third one? A. It was changed for Mrs. Read by the daughter; she came alone—the two first I changed for Mrs. Read—I put my name on them—Mrs. Read's name does not appear on either of them—I knew her for eight years previonsly; I should not have changed the notes for her if I had not known her to be a respectable woman—I don't know whether she can write.
COURT. Q. How near was your place to the prisoners? A. About 150 yards.
MARY ANN WOLLARD . I recollect laying out Mr. Hankin—I found his keys in a little bag under his head; there were two sovereigns in the bag with the keys—Mrs. Read told me that Miss Vickers had got to bury him—I gave the keys to Mrs. Read—I said to her a long time ago that I thought Mr. Hankin had money, and she said she did not think he had any—that may be sixteen or seventeen months ago.
Cross-examined by MR. METCALFE. Q. Did Mr. Hankin occasionally get out of bed? A. I never saw him: I never was in the house; I have seen him sitting at the window—I don't know that he was out of bed then—his bed was close to the window.
ADA SEWELL . I live at 10, Albion-terrace, Stoke Newington—I was a district-visitor in the place where the prisoners lived, for the purpose of giving charity to those who required it—during the last year I visited the house—I generally saw Mrs. Read once a week—she always told me she was very poor; she was a nurse—in February, 1863, I gave Mr. Hankin relief; that was from what Mrs. Read said—about three weeks before his death, I asked her how he paid her—she said she did not know anything at all about his means; he paid her from his bed every week—after his death Mrs. Read had some coals from me at Christmas, like other poor people, at a reduced price, she paid 1l. a ton, and we paid 1l. 6s.; and she received the Christmas gifts.
Cross-examined by MR. METCALFE. Q. I suppose you do not require persons to prove that they are poor before they receive coals? A. All the persons we visit are considered poor—they put by a few halfpence at a time, or what they like.
COURT. Q. You say you gave Mr. Hankin relief did you give it to him or to Mrs. Read? A. To Mrs. Read for him.
WILLIAM READ . I am a butcher's assistant in the Hackney-road, and am the son of the female prisoner—in December last I changed a 100l. note for my mother—this is my endorsement on it—this "Maria Read" on this 100l. note, No. 29,335, is my mother's writing—the endorsement on the 200l. note is not her writing—she spells her name "Read"—it came up in conversation that she was going to change a note, and I said, "I am going that way to-morrow; I will change it for you;" and she said, "Very well; take care of it"—I got gold for it, and handed it over to her—she did not tell me where she got the note from.
Cross-examined by MR. POLAND. Q. How old are you? A. Twenty-five—my brother is twenty-one.
COURT. Q. Do you know the writing on this note? A. It is Henry Read's—(the note not spoken to by Howarth).
GEORGE LANGDON (Police-inspector). On 8th January last, I went with Miss Vickers to the house of the female prisoner; I was in plain clothes—I told her I was a police-officer, and I had come to make some inquiries with reference to Mr. Hankin, the gentleman who died there a short time ago—I said, "I want to ask you a few questions with reference to his money; be careful how you answer them; did he previous to that give you any money, monies' worth, or property?"—she said, "Oh, dear, no; he had no money for himself; he would have died from want if it had not been for me"—at this time the male prisoner came down stairs—I then took a piece of paper from my pocket, and said, "How do you account, Mrs. Read, for the 200l. note you changed at the Bank of England for gold?"—the male prisoner said, "Mother, don't you answer another question; let them take you into custody"—I said, "I am not talking to you, I am talking to your mother"—the female prisoner paused for a second, and then said, "I did change the 200l. note; it was given to me by Mr. Hankin previous to his death; it was his wish that I should have all his property, as his friends had not behaved well to him"—some further conversation took place, but I have no recollection of what it was; I believe Miss Vickers accused the male prisoner of changing some of the notes.
Cross-examined by MR. METCALFE. Q. Did Mrs. Read also say that Mr. Hankin wished his relations not to know anything about it? A. Not to me—I did not hear her say so—I was before the coroner—I did not hear her say so there—she might have said so—I was at the further end of the room when she was examined.
SUSAN VICKERS . The late Mr. Joseph Hankin was my first cousin—I was on good terms with him up to the time of his death—I saw him on the Tuesday before he died—there is no pretence for saying we were not on friendly terms—we were always on very good terms.
Cross-examined by MR. METCALFE. Q. You did not go to see him very much, did you? A. Yes, we did; I saw him on the Tuesday, as he died on the Thursday morning—I could not say how often I had seen him during the time he was at Mrs. Read's—I saw him a great many times—I frequently used to go; he always wished us to go, and always was very glad to see us, and told us to come again as soon as we could.
MR. METCALFE to MISS VICKERS. Q. Do you remember hearing Mrs. Read say that Mr. Hankin did not wish his relations to know of his giving them money? A. No, I do not recollect it; not when Inspector Langdon was speaking to her—I was speaking to the son part of the time—I have no recollection of her saying so before the coroner; she might have said so—Mrs. Read did not hand the will to me—I had the will in my charge.
MARK BROOKER . I am a grocer's assistant—the prisoner, Henry Read, was fellow-assistant with me—(MR. LEWIS proposed to ask this witness as to character of Henry Read in reply to the cross-examinations of one of the witnesses as to the prisoner's good character. MR. POLAND objected to the inquiry. The RECORDER was of the opinion it was not admissible).
Witness for the Defence.
ELIZA HART . I am the prisoner's daughter—my husband is a signalman on the North London Railway—at the latter part of 1863 I was living at my mother's house; I was married at that time—I remember old Mr.
Hankin—I know he gave my mother money several times—I was not present at any money transactions, but I know he gave my mother money, because she told me so—I have been once or twice present in the bedroom—I have seen Mr. Hankin give my mother Bank of England notes, but I don't know of what amounts—I have seen notes afterwards; I can't say when it was—he said when he gave them that it was for mother's past kindness to him—that was more than once—I can't say for certainty how many times I have seen him give her money; it might be two or three times, or four times; I can't say—after I have seen him do that, I have seen my mother in possession of notes—I know there was one note for 200l.; that I saw her in possession of—I can't say how long that was after I had seen him give her money; it was shortly after—I have seen her in possession of other notes—I know she has had them—she kept it a secret—it was to be kept secret; I heard Mr. Hankin say so; I can't say why; he said she was not to tell any one—I have beard him say that his relations did not care anything at all about him; that they had turned him out of house and home—I have heard him say that more than once.
Cross-examined. Q. When did you see the first notes given? A. That I can't say; it might be in February, 1863—I can't say positively—I can't say how many notes were given then—I can't say when I first saw the 200l. note in my mother's possession—she did not often have 200l. notes—I can't say for certain when it was she had it—it was in the summer-time, I believe, but I could not say—I call the summer June, July, and August—it was in June or July, 1863, that I saw the 200l. note in her possession—I am quite certain of that—I only saw it once in her possession—that was immediately after Mr. Hankin had given it to her—I was not present when he gave it to her—I have been present when be has given her notes—I was present when the 100l. note was given—that was about September, 1863—he gave her that because she had been so kind to him; because she had stopped at home from her monthly nursing to attend upon him—he paid her 12s. a week for board and lodging—I saw him give her several notes—I can't say what notes they were; mother never told me what notes he gave her—my brother Henry was never present when he gave her the notes, nor my brother William either—I was the only person that was present, because I attended upon him with my mother—he never gave me a 10l. note, nor a 200l. note—I recollect the Coroner's Inquest—I was summoned, but was not called—I was before the Magistrate—I did not give evidence—I believe my mother was four times before the Magistrate—I have not written down for Mr. Beard, the solicitor, what I was to say to-day—I have not been examined, or made any statement of what I could prove—I have not communicated to Mr. Beard what I could prove—I saw the gold after the 200l. note was changed—it was spent—I can't say in what—I know my mother has spent it all—I have never seen any large sums of money in my brother's possession.
MR. METCALFE. Q. Did you go to the police-court? A. I was not able to attend the last time—I was there before, but was not called—I did not communicate with Mr. Beard before I went—I did not tell him anything about being present in the house when the money was given—he knew I was present—I have told him about being present, and seeing the money given—I can't say when it was—I did not tell him about the money—I was living at my mother's ail through 1863, and 1862 also.
HENRY READ.— NOT GUILTY .
MARIA READ.— GUILTY.— Judgment Respited.
MR. HORRY conducted the Prosecution and MR. LEWIS the Defence.
NOT GUILTY .
492. THOMAS GOUGH (16) , to stealing 2 baskets, the property of Joseph Golding Dunn; also, 1 decanter, and 1 wine-glass, the property of Henry Green.— Confined Eight Months. [Pleaded guilty: See original trial image.]
493. JOHN MURRAY (32) , to stealing 1 watch, the property of George Richard Smith, from his person, having been before convicted of felony.— Eight Years' Penal Servitude. [Pleaded guilty: See original trial image.]
496. RICHARD JOHN MALCOLM to stealing 18 shawls, and 2 shawls; also, three sums of 10l. of Stephen Evans, his master— [Pleaded guilty: See original trial image.] Recommended to Mercy by the Prosecutor, Confined Eighteen Months.
NEW COURT.—Monday, May 9th, 1864.
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
WILLIAM TATT . I am barman at the Rose and Crown, Lisson-grove—John-street is about a quarter of a mile from there—the prisoners lodged in our place fourteen or fifteen nights—Simmons lodged there three nights longer than Davis—they first came about six or seven weeks ago, between 8 and 9 at night—they came together—they bad one bed in a three-bedded room—they both went away one morning—after breakfast Simmons came back, stopped two nights, and he came to the bar the night he left and had some-thing to drink, stayed about ten minutes, and went out—I never saw him again till he was in custody—I saw Davis again on the Thursday following—he came for some collars he had left—he said he had come out of prison that same morning.
Simmons. Q. How many persons lodged in that place besides us two? A. Sometimes I have got thirty, and sometimes not above a dozen—I never took any money from either of you for lodging or eating and drinking—I have seen you in bed together.
RICHARD HART . On 9th April, I was barman at Baker's Coffee-house, Quebec-street—I recollect Davis coming into the house on that evening, at half-past 9—he asked for half a quartern of rum, which was threepence, and gave me a bad half-crown—I saw it was bad directly, and tried it—I said it was a very peculiar sort of coin and called my brother, and. gave the half-crown to him—I went for a policeman, and Davis was given in charge—my brother gave the half-crown to the policeman.
Simmons. Q. Did you see me with Davis at the time? A. No.
ROBERT HUMPHREYS (Policeman, D 167). I took Davis into custody, and received this half-crown (produced) from the last witness—I searched Davis, and found four half-crowns, two florins, three shillings, and five pence half-penny, in copper, all good money; a dead rabbit, a piece of bread, and some envelopes and paper, new—he was taken before the Magistrate, remanded till the 14th, and then discharged at 12 o'clock in the day—I saw him again that day about 1 o'clock, in the Edgeware-road with Simmons—they were walking together in conversation.
Simmons. Q. Did you see me with Davis at the time you took him into custody? A. No; after Davis was discharged.
HENRY JAMES KING . I am a beer-seller, and live at 7, Little Weston-street—on 14th April, about half-past 7 in the evening, the prisoners came into my shop, and Simmons asked for a pint of six ale—I drew it for him, and he gave me a bad florin—I gave him the change, held the two shilling-piece in my hand, and tried it with my teeth—I said, "This coin will not do for me"—Davis said, "Oh, never mind; I will pay for it;" which he did with a good sixpence, and I gave him 3d.; change—they drank their ale and left the house—I gave them back the bad florin—I followed them when they left—they went into a public-house near—I waited till they came out, and then followed them to Mrs. Ridley's—I met a constable, and gave him some information—I saw them go into Mrs. Ridley's together—I passed the shop when Davis came out—I stood about ten yards off, and saw him watch through the window till Simmons came out, and then they both went away together—they crossed the New-road, and turned into the Allsopp Arms public-house—I saw them taken into custody shortly afterwards—I was with the constable—there is a mark on this florin (produced) very much like the one I made.
Simmons. Q. Can you swear to that being the same as I gave you? A. No, I cannot say that.
LOUISA RIDLEY . I keep a chandler's shop in Little York-place—I saw the prisoners in my shop on 14th April, between 7 and 8 in the evening—Simmons spoke to me first—he asked me for half an ounce of tea, and a quarter of a pound of sixpenny sugar—while I was serving him the other one came in, and said, "I want half an ounce of tobacco, and I am in a hurry"—I said to Simmons, "You must wait; I believe you are first, but I will serve the other as he seems in a hurry"—Simmons turned round to Davis and said, "I think I am first"—Davis paid me three halfpence for the tobacco, and went out—I then served Simmons, and he gave me a two shilling piece in payment—threepence was the value of the tea and sugar—I gave him threepence, a sixpence, and a shilling in charge—he then went away, and I put the florin in the till—I had a threepenny piece and some coppers in the till; that was all—immediately after, a policeman came in, and in consequence of what he said I opened the till, and found the florin was bad—this is it—I can swear to it—I marked it with a knife, and gave it to the constable—he went out, and brought both the prisoners back—Simmons offered me the money back—I declined it, and gave them in charge.
Simmons. Q. How many persons serve in your shop besides yourself? A. At the time you were in no one else was serving—my daughter is there generally—there was a woman, a customer, in the shop when you were there.
MR. CRAUFURD. Q. Did any one go to the till between the time of your putting the florin into it, and the constable coming in? A. No, and no one else came into the shop.
THOMAS WINFIELD (Policeman, D 323). I saw the prisoners coming out of Mrs. Ridley's shop on the evening of 14th April—I went into the shop, and she gave me this florin—I saw the prisoners go into the Allsopp Arms—I followed them there, and took Simmons into custody—my brother constable took Davis—he was standing close by Simmons—I charged him with changing this bad florin—he said he knew nothing at all about it—shortly afterwards he said, "I remember going to the shop in the Mews, and buying half an ounce of tea and a quarter of a pound of sugar, and I gave that very florin"—at the station-house I found on him a half-crown, two shillings, three sixpences, and 9 3/4d. in copper, all good money.
LOUISA RIDLEY (re-examined). I was at the Police-court when the prisoners were taken in charge—there was no money picked up on the floor of the court—I did not pick up any off the floor—nothing of the kind occurred.
Simmons. Q. When you were at the Police-court did not the clerk ask you how you came in possession of the two-shilling piece? A. The police-man laid down this florin on the desk, and I picked it up, as he put it down.
JOHN PERRY (Policeman, D 242). I was on duty in Gloucester-place, on 14th April, and the prisoners were pointed out to me by King—they were walking together—I followed them, and saw Davis come out of Mrs. Ridley's shop, and stand outside till Simmons came out, and they then both came up together into Gloucester-place—I followed them to the Allsopp Arms public-house—we called them out, and I took Davis—I told him he was charged with being concerned with the other man in passing a bad two-shilling piece; he said he knew nothing of the other man—I took him to the station, searched him, and found three half-crowns, two florins, two shillings, a' four-penny piece, and 5 3/4 d. in copper, good money—I saw the constable lay the florin on the desk at the Police-court, and Mrs. Ridley picked it up.
The prisoner's statements before the Magistrate: Simmons says, "The piece of money was picked up on the floor in the Police-court; the Magistrate asked her how she came by it, and she said she had just picked it up." Davis says, "This day week Í met this man in the Edgeware-road, and asked him to tell me where I could get some lodgings; he went with me to a beer-shop in John-street; I went in and asked; they said they had room; I asked how much a week it would be, they said half a crown. I then called this man, and he asked me if I knew my way about London; I said, 'No'; he asked me to go with him, and he would show me about; we walked about a long time; I gave him a shilling; he asked me to have something to drink; he said he knew a place where there was a nice drop of ale; I went with him; he put his hand in his pocket to pay for it, and took out this two-shilling piece; the landlord said it was a bad one, and he asked me to pay for the ale; I gave a sixpence for it, and we went out to a little shop; I went in for some tobacco, and gave the woman two shillings; we went out, and this man said, 'Ain't you thirsty?' and we went into this public-house, and asked for a pint of six ale; the policeman came in there, and collared him, and they called me out and collared me."
Simmons' Defence. This man was an entire stranger to me before 14th April; I met him, and he asked me to get him some lodgings, and we went
to John-street to the beer shop. The woman finds this two-shilling piece in her till when the policeman asks her to look; she does not swear to it, or to the tea and sugar she served me with. I had no bad money found in my possession at this lodging house; there are about thirty or forty people, there is only one taproom, and we are obliged to associate together.
Davis's Defence. I came away from home eight weeks ago. I knew nothing about Loudon. I was at work lour weeks. I changed two half-sovereigns.
SIMMONS— GUILTY .
DAVIS— NOT GUILTY .
500. The said JOHN SIMMONS was again indicted for a like offence. ( The evidence of Henry James King, Louisa Ridley, and Thomas Winfield, given in the last case, was read over to them, to which they assented.
Prisoner's Defence. There was no money found in my possession, and this money was out of sight for five minutes, and then it went from the prosecutor's hand to the policeman.
He was further charged with having been before convicted at this Court in February, 1863, when he was sentenced to One Year's imprisonment; to this he
PLEADED GUILTY.— Eight Years' Penal Servitude.
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Prosecution.
CHARLOTTE CRAWFORD . My husband keeps the Britannia public-house, Hoxton—on 16th April I served the prisoner with a pint of beer, which came to 2d.;—he gave me a bad shilling, I broke it in half in his presence, and he gave me a good one—my husband gave him in charge with the shilling.
JOHN CARTER . I am check-taker at the Britannia Theatre—I went into the public-house when the policeman was sent for—I asked the prisoner if he had any more money about him—he made no reply, but handed me a fourpenny-piece, twopence, and a bad shilling, which I marked, and gave to the constable.
Prisoner's Defence. I found 5s. in a purse on the Saturday morning. I chucked the purse away, and put the money in my pocket.
GUILTY .— Confined Twelve Months.
MR. ROWDEN conducted the Prosecution.
CHARLES BAINES . I am a labourer—on 11th April I went to Hampstead—I got there about 3 o'clock—I tried to get a lodging, and looked all over Hampstead, but could not do so—about half-past 1 o'clock in the night, the prisoner and another man came behind me and hit me on the side of the head—I could not see whether it was with a stick or a fist, but I fell, and when I was down, the prisoner caught hold of my handkerchief, screwed it up, and put his knee into my breast—one of them, I cannot say which, put his hand into my pocket, and took away 5s. in a purse, and a knife—I have never seen them since—I was insensible from the blow, for a few minutes, and then the constable came and catched the prisoner on top of me.
Prisoner. Q. Where was I when I struck you? A. Behind me—I know it was you that hit me—you came in front of me, and I could swear to you from a thousand—I had not to pay 5s.—my fare when I came up from Kent was only 1s.—I had been into a public-house, and saw you there—I gave you some beer—I went in there to ask for a lodging—I am sure you struck me—I did not fall down.
WILLIAM GRAVILLE ((Policeman, S 445). On 12th April, at ten minutes to 1 in the morning, I was on duty near the top of Brewhouse-lane, and saw Baines go down the lane—the prisoner and a man named Grimm went down before him—after they had gone down some time I heard a disturbance, went down, and found the prosecutor lying on his back, and the prisoner holding him by the throat with his left hand, and kneeling on his chest, while Simms was rifling his trouser's pockets—he was stifled, and could not stand by himself—Crane got away, but I went after him, and took him—I had seen him a quarter of an hour before, and knew him by sight—Baines complained of being robbed, and I took the prisoner to the station, and charged him.
Prisoner. Q. Did you see me strike him? A. No—you used no violence to him while I was there—I was about twelve yards in front of him when I heard the scuffle.
Prisoner's Defence. He fell down, and knocked himself insensible—I was lifting him up to do him good, and the policeman came and took me in charge.
GUILTY .—He was further charged with having been convicted at Hampstead, in November, 1862; to which he
PLEADED GUILTY.**— Six Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution, and MR. METCALFE the Defence.
NOT GUILTY .
The following prisoners PLEADED GUILTY:—
OLD COURT.—Tuesday, May 10th, 1864.
Before Mr. Recorder.
Upon MR. ORRIDGE'S opening, the COURT was of opinion that it did not make out a case of larceny.
NOT GUILTY .
MR. ORRIDGE conducted the Prosecution, and MR. RIBTON the Defence.
JOHN MAUNSELL CHAMBERS . I am living at 51, Arundel-square, Islington—I am clerk to a publisher's, in King William-street, Strand—on Wednesday, 3d February, between half-past 12 and 1 o'clock, I was walking down Fleet-street—a young man accosted me—I went with him to a public-house in St. Clement's churchyard—Powell came in, and stood there with the
other—he dropped a sovereign near my toe in opening his pocket-book—he was looking about the place for it—he wore spectacles, and appeared short-sighted—I pointed to it—he picked it up, and thanked me, and entered into conversation with me—he said he expected to meet a young lady there, and had we seen her pass?—we said we had not—Powell and the other, the student as he represented himself from Cambridge, commenced talking on various matters, particularly about games—Powell said the young lady had told him there was to be a cricket match at Greenwich that day—I said there was no cricket at that time of year, she must be deceiving him, and the other seemed to think so too—they began talking about cricket, and throwing weights, and other games, and they made a bet about throwing a weight of fourteen pounds from twenty-five to thirty yards—Powell said he could throw the weight that distance—the other said he thought he could not, that he did not want to win his money, but he would make a bet for three new hats, and a bundle of cigars—they concluded the bet, and requested me to come and see fair between them as umpire—the student said he knew a place where the students of St. Bartholomew's often went—a cab was called, and we went—before that Powell opened his purse, and showed what appeared to be sovereigns, and a Bank note of Australia—he said he had come in for 6,000l. by the death of his uncle, and that he was staying at Morley's Hotel, Trafalgar-square; and as we were passing by the Temple he said, "There goes my lawyer!" and asked if I knew him—I said I did not—when we got into Smithfield, Powell said to the other, "There is Bartholomew's"—I said, "Oh yes, I know it, there is a friend of mine there" the other said, "Is there? what is his name?"—I told him the name, and he said, "Oh! I know him very well indeed; shake hands with me, we are better friends now, I hope, as we know each other's connexions"—we drove to the George the Fourth, in Cloth Fair, and got out there—Powell ordered three glasses of sherry—we then went into the back part where the skittle-alley is, and there I saw Finch playing a game of skittles with another—the student addressed him and said, "This place has been changed since I was here five years ago; you had a place twenty-five or thirty yards long"—Finch said, "Yes, sir, at that time we had such a place, but it has been changed; we were obliged to give it up"—the student said he used to come there with the gentlemen from St. Bartholomew's—Finch was dressed very like he is now—he and another were playing a game of skittles, and he requested Powell to stand out of the way while they finished the game—Powell stood out of the way—he threw the ball, and the game was finished—Powell and the student then played a game at skittles—Powell took up the ball, and said it was stone—Finch said it was not, and they made a small bet of sixpence about it, and Powell lost it—the student then came to me, and said, "Here is a man that has come in for a lot of money, I shall not get such a chance again, I am going to play a game with him, and you had better do the same"—I made no reply, so the student went over to Powell and said, "I will make you a bet for 5l. and my friend there will do the same"—Powell came over to me directly and said, "Will you?" and touched my hand, and I touched his hand—the student then asked me how much money: I had—I opened my purse, and found 3l. 5s. available for the purpose—there was more than that, but 3l. 5s. seemed available for the purpose—the student said, "The bet is for 5l.; I will lend you 1l. 15s. "so the game was played—I put the money into the hands of the man who I took to be a waiter in the place, and who was playing with Finch when we went in—I lost the money—I had no more except a few shillings—Powell and the student then made a bet for 2l., and
it seemed that I came in for 2l. though I had no money—I won that, and they handed me 5s. the balance of the 1l. 15s.—we then made a bet of 5s. which I lost—the student then came to me and said, "I have lost my money, and you have too"—he described it as a thing he did not anticipate, and said, "We will make a bet for 10l.; your watch will represent something; is it gold?"—I took it out, and he said, "Put that down to represent 10l."—Finch put down another watch which represented 10l. and 10l. was supposed to be from Powell, and 10l. from the student—the game was played, and I lost the bet—my watch went into Powell's possession—he gave it to the man I took to be the waiter to pledge—he brought back 6l. 10s. and the ticket—the student said to me, "Make an agreement to get your ticket so that you can release it"—they handed me the ticket with 6l. 10s. on it—Powell said, "You said your watch was worth 10l. I find it is only 6l. 10s.; you must give me an I O U for 3l. 10s."—he induced me to make out an I O U in favour of Frederick Pearce, payable in twelve months—he said his name was Frederick Pearce—Finch said to Powell, "The fact is, sir, you have won our money; you have won my watch and this gentleman's, and all our money; I have only a short distance to go and get 10l. and this gentleman (pointing to me) has only to do the same; if you will allow us to go for a few minutes we can get the 10l."—so Powell consented to make a bet of 10l. under the circumstances that we were to go and get the money if we lost it—the bet was made, and the game played, and we lost—Finch, when he saw that the game was going against me, said, "Put on your coat"—it was lying on the settle, and I put it on—he said, "Come away, come away; we are going to fetch the money"—I went outside the door, and he said, "We are not going to get any for that man; it won't do for us to be together; you go that way, and I will go this way," and he ran off—I went into Long-line, saw a policeman, and he told me something—after that I went to Morley's Hotel, Trafalgar-square, but could not find Powell—I next saw the prisoners that day seven weeks, 23d March, walking together on the Strand side of Temple-bar—I followed them into Fleet-street, and gave them in custody.
Cross-examined. Q. How old are you? A. Twenty-five—I was out on business on this day—I left my master's place at 10 o'clock, and met the prisoners about half-past 12—I had never played the game of skittles before, or seen it played—I know what it is—I have got all my money back again—the prisoners' wives came to me after they were in custody, and offered me 7l. 10s.; I declined to take that, and I got 9l. 10s.—that was not 5s. more than I lost—I lent Powell 1s. 6d.; he asked me to pay for the cab, as he had not change, which I did—he changed a half-sovereign of the landlord—I had to pay 1s. 7d.; for my watch—perhaps I have got back more than I lost—I do not believe I refused to take it of the women unless some male person was with me—I had a male person there—I did not prosecute him at the last Sessions; I was the principal witness—it was a Crown prosecution (See Vol. 59, page 532)—I employed an attorney, Mr. Allen—I did not see Mr. Allen himself; I saw somebody at the office, who represented him—he was recommended to me by a policeman—I have not paid anything yet—one of the policemen who introduced me to Allen told me that it would be no expense to me—I have not paid anything yet—I should not have advanced any money to him to conduct the prosecution—that is the person (Edwards, City-policeman, 343)—I gave no evidence here; I was not called upon; there was some informality, I believe—when I received the 10l., I said that I would stay away, and I did stay away; but I was obliged to go,
in obedience to a summons—it was not the gentleman I was introduced to who caused me to be summoned—that was at Guildhall—it was Alderman Copeland, I believe, who caused me to be summoned—I have not engaged an attorney in this case; at least, I gave instructions last week to Mr. Allen, the same person, and I was told, in reference to both, that it would not cost me anything—I believe the student bet Powell that I would not Knock the balls down in a certain time—the student bet on me that I Would do it—I tried to knock them down—I played with Powell, and the student backed me—I lost the same amount that the student bet—I did not bet with Powell, that he would not knock them down in three times, nor in four; I made no such proposition—I bet what the student bet, which was, I think, that Powell would not knock them down in seven times—Powell played very loosely, and he got a corresponding number of chalks, and therefore I thought I should win—I did not think I had caught a flat—I think Powell bet that he would knock the balls down in a certain number of times, and the student and I bet that he would not—I did not win at all on my playing, it was on the playing between the student and Powell—I knew very little about it—I had no money to bet upon it—I do now the bet was made at all—I did not offer to bet at all.
GEORGE EDWARDS City-policeman, 343). On 23d March, about half-past 1 o'clock—the prosecutor gave the prisoners into my custody, in Fleet-street—I took them to the Fleet-street station and then to the Smithfield station, as the charge belonged there—Finch said that he had two shillings, and would pay for a cab, as he did not want to go through the streets—a constable got in with the two prisoners, and I rode on the box and watched—when the prisoners got out, I looked in the cab, and found this pocket-book (produced), containing fifty-one medals to represent sovereigns, six cheques on the County Bank, and four Bank of Australia notes, genuine, which have been paid into the bank; also, a bill for thirty-seven green-backs, sold at 1s. 10d.; each in Fenchurch-street, on 4th February—Powell acknowledged that the book belonged to him—I found round Finch's neck this brass chain attached to this brass box to represent a watch, and a pair of spectacles—I went to the public-house on the 24th, and it was closed—there was no landlord.
JOHN ANDREWS (City-policeman, 333). I assisted in taking Powell to Smithfield station—after taking him from Guildhall, he escaped, but I ran after him and brought him back—I found on him this pocket-book, knife, and pair of spectacles.
ANN MARKHAM . I am the wife of Thomas Markham, a publican, of 253, Strand—one day in February, I saw the prosecutor and the prisoners there; Powell was talking with Mr. Chambers, and Finch stood at the top end of the bar—Powell went out with Mr. Chambers first, and Finch went out about a minute afterwards.
Powell's statement before the Magistrate: "I wish to say that I backed myself to knock the skittles down in a certain number of times, which I bet, and the bet was accepted by the prosecutor. I lost and won both, and what I won, I consider I won honourably and fairly, just as if I had backed myself to run a mile in a certain number of minutes; and, having run the mile in a certain number of minutes, I should consider I had won fairly, as at skittles. There is nothing false in it. Where there is nothing false, there is no cheating; and I consider that that is how this case is. That is all I have to say."
where the skittle-ground was, with a detective, and saw a man who said he was the landlord—he is not here—the detective knew the landlord—Powell said to Finch, "Are you the landlord of the public-house?" and Finch said, "I am not. "
NOT GUILTY .
MR. WARTON conducted the Prosecution. (The evidence was interpreted to the prisoner.)
ROBERT HUGHES . I am house-surgeon of the London Hospital—I have seen John Bryan this morning—he is in a very dangerous state, and never will be able to get out of bed again—I was present in the hospital when his depositions were taken by Mr. Partridge, the Magistrate, in the prisoner's presence—I have seen the same man this morning—the prisoner was asked whether he would like to ask any questions—there was an interpreter present, but I did not understand the language in which the prisoner was asked whether he would cross-examine. (THE COURT considered that the prosecutors deposition could not be given in evidence, until it was proved that the prisoner understood he could cross-examine him.)
ALFRED JOHNSON . On 7th February, I was in Cannon Street-road, St. George's, at a little after 12 o'clock, and saw the prosecutor and prisoner sparring together—I was on the opposite side of the way—I am sure the prisoner is the man—I saw him make a stroke at Bryan, towards his shoulder, but did not see whether he had anything in his hand—Bryan fell—I went across the road, and he said, "I am stabbed"—he got up, and the prisoner passed back among some more of his companions—I went with Bryan to the doctor.
JAMES SCUTTON . I am a seaman, and live at Perseverance-place, St. George's—on 7th February, about half-past 12 in the morning, I was passing the corner of Cannon-street—there was a crowd, and I saw the prisoner two yards from Bryan—I said, "What is the matter with you Bryan?"—he said, "I am stabbed"—I said, "Who has stabbed you?"—he had just time, with the loss of blood, to go and grab the prisoner, and say," This is the man that stabbed me"—he said that in English—the prisoner tried to get away, but a policeman came, and took him by his collar—I saw that Bryan was stabbed in the shoulder—there was a crowd of twenty or thirty Germans there.
SUSAN SAUNDERS . I am single, and live at 2, Perseverance-place, St. George's—I saw the prisoner put his arm up, and heard Bryan say, "I am stabbed"—I saw the policeman take him—he attempted to get away.
EDWARD MONAGHAN (Policeman, K 451). I was on duty in Cannon-street, about half-past 12 o'clock, and saw Bryan in the midst of a crowd—he said that he had been stabbed—he ran through a lot of people, and picked out the prisoner as the person who had stabbed him—I apprehended him; he tried to get away, and some other Germans tried to rescue him.
ROBERT HUGHES (re-examined). Bryan was brought to the hospital on the morning of 7th February, and I found a large incised wound on his right shoulder, which had been caused by some sharp instrument—a blow could not have caused it—he is not likely to recover.
COURT to ALFRED JOHNSON. Q. Were there many people about when you saw the sparring going on? A. About a dozen; but they were several yards from the persons sparring, until Bryan fell—I cannot be mistaken about the prisoner being the person—the only light was the lamp at the
corner behind them—the persons who were sparring immediately mixed with the others—the prisoner is the man who I saw strike the deceased.
Prisoner's Defence. On this night, I was along with another German; and as we were going along, this man was walking in front of us, and would not allow us to pass. He then caught hold of the man who was with me, and they two fought together. I endeavoured to pick my comrade up, and he came and struck me, and then I took my own part. That is all.
GUILTY of unlawfully wounding . Judgment respited.
MR. LILLEY conducted the Prosecution, and MR. O'CONNELL the Defence.
SARAH ANN GODLIMAN . I live with my mother, at Ickenham, Middlesex—on Friday evening, 29th April, some clothes which had been washed were hanging on our hedge to dry, between 7 and 8 o'clock—they belonged to my mother and myself—they were not near the highway—they were gone on Saturday morning, and on Sunday morning, between 12 and 1 o'clock, a policeman brought them back in a bundle, and the prisoner—they were then still wet—these are them (produced).
Cross-examined. Q. What is your mother? A. A person of private property—the prisoner said that he picked them up—I think he was sober.
THOMAS DAVY (Policeman, T 133). On Saturday morning, 30th April, I received information from Mr. Godliman, and on Sunday morning, about 1 o'clock, I saw the prisoner lying down, apparently asleep, in front of a public-house, about a quarter of a mile from Mr. Godliman's—he had a bundle of wet linen wrapped up in a horse-cloth—I awoke him, and asked him how he became possessed of it—he said, "I found it; I picked it up in Glebe-lane, in the parish of Ickenham"—I took him to Mrs. Godliman, who identified the articles.
Cross-examined. Q. Where is the public-house? A. It is a roadside house; the Coach and Horses—he was lying on the road, and the bundle was close to his head—he was not lying on it—he was not really in the public road, but in a public place by the side of the road, and in front of the public-house—there is no public highway there—he did not claim it as his, or attempt to escape—he had been drinking a little, but was not drunk—I knew him as a labouring man there—I have been nine years in that district, and never heard a charge against him before—he is in regular work, and was in work at that time—these are the articles; they were wrapped up in this horse-cloth—the head of Glebe-lane is about 300 yards from there—that would be in his way from his master's place going towards London.
NOT GUILTY .
MESSRS. GIFFARD and ORRIDGE conducted the Prosecution.
FREDERICK MARTIN (Policeman, H 135). On the morning of 6th May, about half-past 2 o'clock, I was on duty in King-street, Tower-hill, and saw the prisoner lying drunk on the pavement—I lifted him Up on his legs, and he asked me where Mr. Thompson's coffee-house was, No. 6, King-street—I took him to the door, left him there, and went round my beat—I came back in five or six minutes, and he was still knocking at the door—I said to him, "You have not got in," and at that time the door was opened by the landlord—the prisoner went in, threw his coat off, and then sprung out and
kicked me a violent blow at the bottom of my stomach, and almost at the same time he struck roe four or five times in the nice and knocked me down—while lying on the ground he kicked me several times on both sides, and on the chest—I got on my hands and knees, laid hold of one of his legs, and got up—he threw me from him, kicked me again on the stomach, and kicked my lantern off my belt—I got up, and attempted to take hold of him, but he seized me by the stock, and shook me violently, at the same time trying to kick me on the privates—I found I was being choked, and asked him to leave go of me—he said, "No, he would bite my b——nose off," and forced his face towards me to try to do so, but I took out my staff, and struck him across the wrist—I entreated him several times to leave go of my stock, as I was almost strangled, but he would not, and attempted again to bite my nose—I then struck him three or four times across the head with my staff—he wrestled with me, and after he released my stock, I pushed him up in a door way and held him there till Mr. Thompson picked up my hat, and gave it to me, and then I took the prisoner to the station—I went on duty from half-past 4 till 6, and then became so bad that I was not able to do duty, and have done none since, and yesterday and the day before I have been spitting blood—my head was very sore, but by bathing it I have got the swelling down—he made use of threats on the way to the station.
Prisoner. Q. It is false that you found me lying in the street; if you did why did not you take me to the station? A. Because you lived only six doors from the corner of the street.
FREDERICK THOMPSON . I keep a coffee-house in King-street, Tower-hill—the prisoner lodged there for seven or eight days—I was awakened about half-past 2 o'clock, by a violent knocking at the door, went down stairs and stood in the passage about half a minute—I opened the door, and the prisoner came in, took his coat off, threw it about two paces, and went out and pitched into the policeman—he first struck him with his hands, and then kicked him—his hat fell off, his lantern was knocked off, and they both fell to the ground—I picked up the hat and lantern, and gave the policeman his hat—the prisoner said, "I will bite your nose off," and his mouth was about three inches from the constable's nose, but the constable struck him over the wrist with his truncheon—he kicked violently, and the constable struck him over the shins—after that he was worse than ever; a few more cuts would have done him good.
Prisoner's Defence. I never obstructed him in any shape or form, but I received blows from him before I knocked at the door; I am as innocent as a child who was never born.
GUILTY .— Confined Nine Months.
JOSEPH WILLIAM YORKE (City-policeman, 112). About half-past 1 o'clock on Monday, 2d May, I was in Mr. Walter's, pawnbroker's shop, Aldersgate-street, and saw the prisoner in one of the lobbies—he saw me, and imme-diately started out of the shop—I followed him—he was stopped by a gentleman—I went up and asked him to give me the watch that he had been to the pawnbroker's shop with—he did not speak—I searched him, and found there was something in his mouth—I took this watch with some force from his throat—I took him to the station, the inspector read over to him the charge of unlawfully pawning the watch, and asked him to account for the possession of it—he said that he purchased it of a Jew in Petticoat-lane on Sunday morning, for 30s., and had kept it ever since.
WILLIAM JAMES MOONBRUM . I am a plasterer, of 28, Gravel-street—this is my watch—I lost it last Sunday week, May 1st, in the evening—it was taken from my pocket when I was passing from Snow-hill to go up Holbornhill—the ring was broken but a new one has been put on—I saw the prisoner on the opposite side of the crowd immediately after I lost it.
Prisoner. Q. Did you see me when you lost it? A. Yes, you were within three feet of me; you dodged round the crowd to the opposite side or I should have given you in custody—I followed you up Snow-hill, and gave information to the police.
Prisoner. Q. Did you see me pull it? A. No, but I saw your hand move from the chain directly you had pulled it—you then passed between the crowd and my husband—we followed you up, Snow-hill, but could not give you in charge, because we did not meet a policeman—there was one in the crowd, but he was engaged with some women.
Prisoners Defence. She gave quite a different description of me before; I plead guilty to having the watch, because a man asked me to pawn it for him, who I believe had stolen it, but I was not certain; I saw the policeman, and ran away.
GUILTY .—He was further charged with having been before convicted, of stealing a watch, in May, 1859, when he was sentenced to Four Years' Penal Servitude; to which he
PLEADED GUILTY.— Eight Years' Penal Servitude.
MR. THOMPSON conducted the Prosecution, and MR. PALMER the Defence.
JOHN BAPTISTE EWEN . I am an engraver, of 20, St. James-street—I was in Princes-street, near the Mansion-house, between half-past 2 and 3, on the day that Mr. Garibaldi went to Guildhall to lunch—a gentleman spoke to me, and then I missed my watch—it cost 47l. 4s., English money—the prisoner was close to me at the time.
Cross-examined. Q. Were there a great many people round you? A. Yes—I had not been in a crowd before that—I had come from the Union Bank, which is in Princes-street, and my watch was safe there, for I looked at it to see the time, having a packet to post—I did not feel anybody take it.
PHOEBE WESTON . I am a dressmaker, of 6, Richardson-street, Mile End-road—on 20th April, I was standing on the pavement in Princes-street, and saw the prosecutor coming through the crowd, and the prisoner, who was on my right side, took a gold watch out of the prosecutor's pocket, and broke off the ring which attached it by a silk ribbon round his neck—I told Blazey, and saw the prisoner given in custody—I did not lose sight of him—I turned round and said to him, "You have got that gentleman's watch"—he said, "No, that man along there has got it"
Cross-examined. Q. Were you talking to a man named Bryant? A. No; I only know him by his coming up to me—I never saw him till the Wednesday night before the prisoner was remanded—I was not talking to anybody—I said to Blazey," That gentleman has lost his watch," as the prosecutor had not missed it—I looked at the prisoner's face as well as at his hands—I watched him very carefully, but did not see him throw the watch to anybody.
WILLIAM BLAZEY . I live at 27, Hamilton-street, Brunswick-square, and am employed at the London Docks—I WAS in Prince'ss-street, and the last witness, who was standing on my right side within about a foot of me, made a communication to me, in consequence of which I spoke to the prosecutor, who pulled out a ribbon with only a broken ring on it—he seized the prisoner, and I held up my finger to a policeman.
Cross-examined. Q. Did the prisoner run away? A. No.
GUILTY .— Confined Six Months.
MR. SHARPE conducted the Prosecution, and MR. COOPER the Defence.
MINNIE ANNIE EHLERS . I am the wife of William Ehlers, of 14, Shipalley, a seaman—on 5th May, about half-past 3 o'clock, I went to Limehouse police-station to make an application, and met the prisoner and three women—he took me to a public-house, gave me a glass of beer, and put something in it which made me blind and crazed in my head—I had not been drinking before that—I never touch drink—the prisoner then told me to come with him and his wife, he said, "Come to the omnibus"—he talked to me about the case before the Magistrate that day—his face was scratched, and he told me the name of the woman who did it—I said, "I have only just taken a glass of beer, and I feel as if I should go crazed"—I said that I would go home—he said, "Never mind, we will see you home"—we all went to a coffee-house, and he asked me if I would have some gin, but I would not—we left that house, and he said, "Give me your cape and your bonnet"—I said, "No, I shall not"—he said, "Never mind, if this woman comes who has been before the Magistrate she will pull your bonnet to pieces," and he took off my bonnet, shawl, and cloak—I went down the street where he lives—he went into a third public-house—I followed him, and two or three women—he had a pot of beer there—he then had my bonnet, shawl, and cloak on his arm—he ran away with them, and I asked his wife for them—he also tore my frock to pieces in trying to get my watch and chain from me—a little boy told me that he had gone down a passage—I went there, and met him—he took hold of me, and took ray watch and chain—I saw him take them—I did not see him again till the policeman took him half an hour afterwards, and took my cloak from him—this is it (produced), but the watch and chain were not found.
Cross-examined. Q. Where do you come from? A. Germany—I had been with some German woman, who I knew, to make an application to a Magistrate in consequence of an assault by a woman—I did not give my hat and cloak to the prisoner to carry; he took them from me—he asked me to have a cup of tea with his old woman, but he did not say," If I take your cloak and bonnet you must come home"—how could he take a fancy to a married woman; nobody in Court can say anything against me—I walked with him longer than ten minutes, holding the cloak and hat.
MR. SHARPE. Q. Whether he asked you to tea or not, what did he do when he took your watch and chain? A. He ran off as fast as be could.
WILLIAM CROSSLEY . I am a seaman of 6, Johanna-place, Limehouse—on 5th May, between 2 and 3 o'clock, I was walking by Limehouse Church, and saw the prosecutrix coming across the street, having words with another woman—I stopped at the corner to see what might happen—she went to. wards the prisoner, who had got her cloak, bonnet, and basket in his hand—four or five women crossed towards them, and the prisoner and prosecutrix
walked down Three Colt-street—my companion and I walked down slowly after them—I thought they were friends, and did not follow them further—we went into a public-house to have a glass of ale, and when we came out we saw the prisoner running down the street with a basket in his hand, and the prosecutrix running after him, crying for her cloak and watch—he got round the corner of the passage, entered a doorway that goes from Three Colt-street to Limehouse station, and came out on the opposite side—that was all I saw of him—the woman brought a policeman to me, and I made a communication to him.
Cross-examined. Q. Could everybody see the prisoner with the cloak and basket? A. Yes; it was broad daylight—there were a good many people—the prosecutrix walked by the prisoner's side—she had not hold of his arm—I took them to be friends; they seemed friendly—she was fifteen or twenty feet behind him when he was running—she must have been seen by other people.
JAMES PONSFORD (Policeman, K 260). On the afternoon of 5th May, about 4 o'clock, I received information from some boys, went to Three Colt-street, Limehouse, and saw the prosecutrix crying, and several persons about her—I went in search of the prisoner, and found him half an hour afterwards carrying this cloak (produced) on his shoulder—he said, "Policeman,. are you looking for me?"—I said, "Yes," and told him he was charged with stealing a cloak, a silver watch, a gold guard, and a basket from a woman—he said, "I did not steal the cloak or the bonnet; she took them off to fight Boss Tiler, and I took them up, and, as for the gold chain, it is only an old brass one; it is not gold at all"—he said that he had been at a public-house the whole of the time, and had had three pots of beer—I asked him what house—he said he had been to the Lord Hood—I took him in custody and searched him, but found nothing except the cloak which he was carrying on his shoulder.
Cross-examined. Q. Have you got the watch or chain? A. No—I mentioned the watch to him, but he said he knew nothing about it—he was not the worse for liquor, but I think he had been drinking.
The prisoner's statement before the Magistrate." I am as innocent as you are. Mr. Wright, of the Five Bells, saw the chain; she pulled it out of her bosom and showed it to him; she was drunk, and wanted to fight one of the girls, Boss Tyler."
COURT to JAMES PONSFORD. Q. In what state was the prosecutrix? A. She seemed in a state of stupor; I thought she was drunk at first—she said to the prisoner at the station," You gave me something in the beer."—he said, "I have not done so."
GUILTY .— Five Years' Penal Servitude.
The following prisoners PLEADED GUILTY.—
515. WILLIAM MORGAN (32) , to embezzling the sums of 1l. 13s. 6d., 2l. 3s. 9d. and 3l. 15s.; also 4l. 14s. 10d., 2l. 15s. 6d. and 4l. 7s. 6d. the moneys of Henry Gebhardt, his master.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
516. JOHN ARCHER (61) to 3 indictments for stealing a quantity of silver plate, value 60l. the property of George Frederick Upton, Viscount Templetown, his master.— Confined Eighteen Months ; [Pleaded guilty: See original trial image.] and
NEW COURT—Tuesday, May 10th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. LANGFORD conducted the Prosecution.
ROBERT JOHN LODGE . I am secretary to the Marine Insurance Company, Old Broad-street—on 20th April I was in Cheapside with my brother Jeremiah, who is blind—there was a gathering at the corner of Queen-street as Garibaldi was coming, and I saw the prisoner draw his hand from under my brother's coat—I seized him, and said, "What a blackguard you are to rob a blind man"—I left my brother to the mercy of the crowd, and said to the prisoner, "Anybody will take care of a blind man, but there is only one man who would rob him"—a policeman then jumped through the crowd, and said, "I saw him take it, and there it is at his feet"—this is it (produced).
NEHEMIAH SHARPE (Policeman, H 185). I was in Cheapside about a quarter to 11 o'clock, and saw Mr. Lodge collar the prisoner saying, "Why do you rob a blind man?"—the prisoner had this watch in his hand when I seized him—he tried to get away—I did not see him throw it, but it was found in the road.
BENJAMIN STEBBINGS (Policeman, H 111). I was on duty at the corner of Queen-street, and saw the prisoner in the custody of Mr. Lodge and Sharpe—I went to take the watch from his hand, and he dropped it—I picked it up at his feet. Prisoner's Defence. I am innocent.
GUILTY .— Confined Twelve Months.
MR. THOMPSON conducted the Prosecution, and
MR. TAYLOR the Defence.
WILLIAM HENRY CROXON . I am a commercial traveller, and live at 123 Manor-street, Clapham—on the evening of 21st April I was directly oppo-site Fishmonger's-hall, while Garibaldi was there, I believe—the prisoner came up and asked me if I knew how long Garibaldi had been there—I told him that I was not aware that he was there at all, for I had not been standing there above two or three minutes—directly after he spoke to me I felt something at my pocket; I looked down, and saw the guard of my watch fall from the prisoner's hand—I had this kind of coat on, and the watch was attached in the manner it is now—I cannot remember whether my coat was unbuttoned or not; it was only the top button if it was buttoned at all—I felt directly in my pocket, and my watch was gone—the prisoner wheeled round to the right, and was joined by three or four others—I had not courage to take hold of him then, for I had a good bit of money about me; I had been collecting that day—the prisoner and the others went about thirty yards towards the city; I watched them very particularly—the prisoner turned round, left the others, and came back about three parts of the way from where he started, and got into a cab—I then took hold of him, and accused him of taking my watch—he said, "I have not got it, "and he put his hand in his pocket and threw something out of the opposite door of the cab—I could not see what it was, but I have no doubt it was my watch—I heard it fall on the stones—the prisoner got away from me, and got out at the other side of the cab—I called "Stop thief," and he was stopped by the people on the other side; there was a crowd there—I did not lose sight of him—I saw him stopped and given into custody—my watch has not been found.
Cross-examined. Q. The prisoner was close to the cab when the officer came up, was he not? A. About three yards from it—he told the officer that his watch had been attempted to be stolen—I don't think he was wearing a guard; I am not certain—I did not catch his hand when I saw my guard fall—perhaps I was not so quick as I ought to have been; I wanted to satisfy myself that my watch was gone—I did not say a word—there was not much of a crowd where we were standing; there were a good many in the road—I saw the prisoner speak to somebody; I did not see whether he passed anything—I have no doubt he had my watch when he got into the cab—I did not call out "Stop thief" before he got into the cab, but as soon as he got out—he was stopped instantly—there was a great crowd there; he could not get far.
GEORGE CLARK (City-policeman, 598). On the evening of 21st February, I was on duty in Adelaide-place, facing Fishmonger's-hall—I saw the prisoner going hurriedly through the mob, and heard a cry of" Stop thief"—I stopped him; he was almost breathless, and quite exhausted—I heard some one hallo out, "That is the man; he stole my watch"—at that moment the prisoner took this watch from his pocket, and said, "Look here, police-man, in coming through the crowd they have endeavoured to steal my watch, you see the bow is broken;" he had this guard round his neck, it was not attached to the watch—I took the watch from his hand, and asked the prosecutor if that was his watch; he said, "No"—I asked him if he was quite positive the prisoner had taken his watch, and he said, "Yes, quite positive"—I took him to the station and charged him.
Cross-examined. Q. Did you find upon him 1l. 9s. 6d. in money? A. I did, and a black guard—he gave me a correct address.
GUILTY .—He was further charged with having been before convicted of felony at this Court, in February, 1858, to which he
PLEADED GUILTY.**† Eight Years' Penal Servitude.
MR. BESLEY conducted the Prosecution.
EDWIN MANCER . I am a greengrocer of Leytonstone, Essex—on Tuesday, 12th April, at 8 in the morning, I was in Rood-lane, City, with my horse and cart, containing potatoes and greens, and all sorts of vegetables—I had occasion to go to Billingsgate-market—I saw the prisoner in Rood-lane, and he said, "I will look after your horse and cart"—I left him in charge of it—I was absent about ten minutes; when I came back the horse, cart, and man were gone—I gave information to the police; and I saw my horse and cart the next day in the green-yard at Clapham; it was empty then—the value of the property in the cart was between 4l and 5l., and the horse and cart 25l. at the lowest.
Prisoner. Q. You stated at the police-court that when you left me to mind the horse and cart you had suspicion of me, did you say so? A. Yes, and that was the reason I took such notice of you.
HENRY BOWEN . I am a fishmonger and fruiterer at High-street, Strat-ford—I was in Rood-lane between 8 and 9 on Tuesday morning, 12th April—I saw the prisoner leading the horse and cart away from the bottom of Rood-lane into Fenchurch-street; the cart was loaded with vegetables of some kind—I rode up to the Mansion-house from Kennington-oval on it the next day; it was the same horse and cart that I saw in Rood-lane.
about twenty minutes before 10, I passed him in a cart, coming along the Strand—I was riding on the roof of an omnibus coming to the Old Bailey sessions—he was going towards Westminster—he smiled and nodded as he passed—I afterwards saw the prosecutor's cart at the Mansion-house, and I believe it was the same the prisoner was riding in.
SAMUEL BROWNSON (Policeman, V 199). On Tuesday, 12th April, I found a horse and cart without any one attending to it, at Kennington-oval—there were five empty sacks, and about two pennyworth of greens left in it—I took the horse and cart to the green-yard at Clapham—it was afterwards shown to the prosecutor, and the other witnesses.
EDWARD FRIGHT (Policeman, B 314). I took the prisoner on 13th April, at 11 at night, in Great Chapel-street, Westminster—I told him I should take him on suspicion of stealing a horse and cart in the city, on Tuesday the 12th—he said, "Oh, for stealing a horse and cart"—I took him to the station; he there said he would produce witnesses to prove that he was in bed at the time—he had no money on him.
Prisoner's Defence. If I had taken the things what could I have done with the money? I could not have got rid of 4l. or 5l. in the day. I did not have a breakfast that morning. I went up to my master's to have my breakfast.
GUILTY .—He was further charged with having been before convicted of felony at Westminster, in August, 1854, when he was sentenced to Six Months; to this he
PLEADED GUILTY.**— Five Years' Penal Servitude.
The following prisoners PLEADED GUILTY:—
525. WILLIAM ROBINSON (36) , to unlawfully obtaining by false pretences, from James Gourley, 42 yards of alpaca, with intent to defraud.— Confined Two Years. There was another indictment against the Prisoner; [Pleaded guilty: See original trial image.]and
526. WILLIAM KNIGHT (19) , to unlawfully, on the high seas, assaulting Eliza Ann Jewett, a girl, under the age of 10 years, with intent,&c.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, May 11th, 1864.
Before Mr. Justice Williams.
MR. POLAND conducted the Prosecution, and MR. SERJEANT BALLANTINE with MR. SLEIGH the Defence.
ELLEN PROBY . I live at 14, Eastfield-street, Limehouse—I am the wife of Thomas Proby, a boiler-maker—I had a son, named William—he was fifteen years of age—on Sunday afternoon, 20th March, he was taken ill—he was playing in the yard for an hour or two in the afternoon; he then complained of pain in his side, in his hip—his father called him about half-past 5 on Monday morning—he said he could not get up, the pain in his
side was so great—his father went to work, leaving him in bed—when he came home at night he went to consult Mr. Stevens; he brought a small bottle of medicine, a box of pills, and about an ounce or two of powder—the boy took all the first bottle of medicine and the powder, on Monday night, and some pills, I think about eight—the powder was a yellow powder—my son was not better on the Tuesday; he raved very much—I got frightened, and went down to my husband where he was employed, and we went and got a powder from Mrs. Stevens; it was a greyish powder—on the Wednesday my son was worse, and my husband's mistress brought Dr. Monk to see him; that was on the Tuesday; I am positive of that—we were not at home when he came, we were up at Mr. Stevens at that time for the powder—after Dr. Monk had been there, some medicine came, from Mr. Cummings—it was not given to my son, because my husband had such faith in Mr. Stevens—the medicine that we got from him was given—Mr. Cummings came and examined my son on the Wednesday—I was present—I did not gire my son any of the medicine be sent—Mr. Stevens came to see my son about 9 o'clock on the Thursday night; that was the first time he had seen him—he examined him—I said to him, "My son's nose is very black;" he said, "Yes, it is;" and his eyes were very black all round—that was what made me so uneasy, I told him so—he asked if his eyes were usually dark; I said, "Yes, but not his nose"—he said he would rather see him in the morning—he came the following morning, that would be Friday—he examined my son, and said he was much better—he had been raving all night for cold water, and I did not like to give it him—he gave him the water—he said he was much better, and I might look up for the best—we still kept on with the medicine and the pills, but it was changed—I kept on giving it him on the Friday and on the Saturday; he was very low indeed on the Saturday—Mr. Stevens did not see him on the Saturday—my son died on Sunday morning, about a quarter to 1 in the middle of the day—the prisoner told me he was suffering from rheumatic fever—he brought up the medicine on the Thursday and Friday, almost immediately after he had taken it—after his death I gave three bottles of medicine to the Coroner's officer.
Cross-examined. Q. What doctor saw your boy between the Sunday when he was taken ill and the Sunday that he died? A. Mr. Monk and the two Mr. Cummings—old Mr. Cummings examined him, not the son—Mr. Monk examined him on the Tuesday and Mr. Cummings on the Wednesday—I did not tell Mr. Stevens that any other medical man had seen my son—Mr. Cummings said that it was a very serious case, and that my husband had done wrong in having such a man as Mr. Stevens—Mr. Monk did not say the same, because he did not know that we had Mr. Stevens—Mr. Cummings did not tell me what was the matter with him; he said he was very low, that it was a very serious case, and ordered his removal to the hospital—he was not feverish on the Monday, Tuesday, or Wednesday; he was after—he began to be feverish on the Thursday, not before—Mr. Cummings did not say anything about a diseased hip-joint; he examined the joint, but never mentioned that he had a diseased joint—he did not give any lotion or apply any local remedies; he was not sent for—Miss Hodge, my husband's employer, brought physician Monk to our house on the Tuesday; he prescribed, and Mr. Cummings sent the medicine—he sent the medicine before he saw the child; he saw him afterwards—Mr. Monk had seen him before that—Mr. Cummings came on the Wednesday—I made a mistake when I was examined before in saying that Mr. Stevens called on Friday; it was
Thursday; that was the only mistake I made—Mr. Stevens called on Thursday night; I told the Coroner it was Friday—that was a mistake; it was Wednesday night and Thursday morning—it was on Wednesday that Mr. Cummings saw my son—I have never said it was on Thursday—young Mr. Cummings said he was very low; he said it was a touch of rheumatics, and he would get well in a week or two—I will not swear that I did not tell the Coroner he said in a day or two—he did not say so, I swear that—he also said there was no need of a physician—I do not know whether young Mr. Cummings is here.
MR. POLAND. Q. Did Mr. Cummings, senior, see your son on the Thursday? A. No, on the Wednesday; they both came the same day, about two hours after each other; young Mr. Cummings came first.
THOMAS PROBY . I live in Eastfield-street, Limehouse—I have known the prisoner nine or ten years—when I first knew him he was in the same line that he is now; he kept a grocer's shop; he does not now—I believe my son was taken ill on Sunday, 20th March, and on Monday night I went to see Mr. Stevens—he has a shop in High-street, Whitechapel—I told him the boy was very ill, I believed he had got the fever; that was all I told him then—that was on the Tuesday—I did not tell him on the Monday that he had the fever—I went and got some powder and pills on the Monday—I got those from Mrs. Stevens—I did not see Mr. Stevens on the Monday evening—I had some composition powder and some pills from the prisoner's wife—I also brought him on Monday night a bottle of liniment to rub on his hip; I got that also from Mrs. Stevens—some of the powder and the pills were given to my son that night, and the liniment was rubbed on; he was no better on the Tuesday, and I went to Mr. Stevens and told him my boy was very bad, and I thought he had the fever—he gave me some powder and told me to give it to him freely—I went again that night a second time and got some more liniment, as my wife had used all that I took on Monday—part of that was used, but I think not all—I went to Mr. Stevens on Wednesday evening, and told him my boy was very bad—I asked him if he would come and see him, and he came and examined him in my presence—he said that he was very bad, and he would rather see him by daylight—he then left, and told me to come up in the course of half an hour; I suppose that was to enable him to make some medicine—I went, and he gave me a bottle of medicine—I gave my son some of it as directed, and altogether be took about half the bottle—I believe the prisoner came next day by daylight, but I was not there—it must have been on the Tuesday that lome other medicine was sent by Mr. Cummings or Dr. Monk, but my son had none of it—I had always been satisfied with Mr. Stevens' treatment before, and that was the reason I did not give it to him—until my son died he took no medicine, that I know of, except what I brought from Mr. Stevens; I brought the whole of it—these are the pills, medicine, and liniment (produced)—this is the last he swallowed; I got it from Mr. Stevens on the Sunday, the day my son died; he died as I was pouring that down his throat—the bottle was full, and he swallowed all except what you see left in the bottle—this other bottle, with "Gargle" on it, he gave him on the day he died, because he complained of sore throat—I do not think I have any of the liniment left; my wife used all of the first bottle; the second bottle was not all used, because he ceased complaining of his hip after Wednesday.
Cross-examined. Q. How long have you known Mr. Stevens? A. Nine or ten years—I know that he professes to sell medicines that are recommended
by Dr. Coffin—("Agent to Dr. Coffin" was printed on one of the bottles)—I went to the shop on the Monday evening without saying what was the matter with my boy—I have frequently taken these medicines during the ten years that I have known the defendant—I have taken cayenne pepper a tea-spoonful at a time, when I have had a slight touch of the cold shivers; when I have been poorly from a cold: it always took away the cold shivers; and I once had the ague, and it took that away—I had not anything the matter with my leg; that was my wife—she was treated by this medicine—both her legs were swelled—she did not have cayenne pepper administered to her; she took some medicine which she got from Mr. Stevens, and her leg got quite well—I am quite sure it was my wife's legs, and not my own; I never had a bad leg, or anything the matter with me externally, which he attended—I did not see either Mr. Cummings or Dr. Monk.
MR. POLAND (to ELLEN PROBT). Q. We have heard that there was some liniment to be rubbed on your son's hip; did you use that? A. Yes, the first bottle, and part of the second—I did not give him the liniment to drink.
MR. SERJEANT BALLANTINE. Q. We understand that you got your legs cured by this? A. No, never—I never had a bad leg; it was my husband—I am not so fond of cayenne pepper.
WILLIAM SPINK CUMMINGS , M. R. C. S. I am registered under the new Act of Parliament—Mr. Proby's sister came to me, and on 24th March I went and saw the boy at the request of the mother—it was a Thursday; they are quite wrong in their dates—I only saw him once—it was about the middle of the day—my son had seen him before for a moment, I believe, but I was not present—I examined the boy—he was suffering from inflammatory fever, the consequence of acute suffering of the hip-joint—his state was quite dangerous, and he was in great suffering—I said, "If you have no regular medical attendant you had better send the boy to the hospital or he will be lost"—not being called in I did not recommend any particular treatment, but I said what ought to be done—a prescription of Dr. Monk was made up on my counter—I read it, and was present when it was made up—I made up part of it—I am sure of that—after the boy died, Mr. Grant made a post mortem examination in my presence—I sealed up the stomach, and gave it to the Coroner's officer—the boy had been suffering from acute inflammation of the hip-joint, for which, in my opinion, Cayenne pepper would be very injurious.
Cross-examined. Q. You saw that the boy was very ill, did you not? A. Yes—if anybody who saw him, two hours before met, said that it was only a touch of the rheumatism, and that he would get better in a day or two, he would be a very ignorant person, and a very stupid person if it was said, but it was not said—my son is a certificated medical man, and very talented as a general practitioner—he only spoke a word of comfort, he never examined the case at all; he never interfered the least in the world; he merely looked in at the door—cayenne pepper is in the pharmacopœa, only we call it there capsicum, but there are two descriptions there—if I wanted to translate capsicum into English, I should call it cayenne—hip-joint disease is scrofulous in nine cases out of ten—capsicum or cayenne may be used in scrofulous disease where there is atony or want of power—we use it occasionally as a stimulant—I have never used it in low fever, but it is used occasionally—it is a recognised remedy among the class of stimulants, and it is in our pharmacopœa as a remedy for low fever, and it is optional for medical men to use it—I do not think I ever used it—I have it in my laboratory, but I use other stimulants—I prefer them—it may be
used with propriety in proper quantities where there is a weakness in the tone of the stomach, but I do not use it—of those proper quantities the medical man judges, and they may be increased or diminished according to circumstances—one of the curative processes that I recommended was that Dr. Coffin's prescriptions ought not to be used, as he was a mere unqualified man—I take it for granted that people who have not taken out a certificate are not very likely to know what is right.
MR. POLAND. Q. Was the disease scrofula? A. My opinion is that it was acute inflammation, and not scrofulous.
COURT. Q. I do not understand you to say that the disorder might not have had its origin in scrofula? A. It did not seem to me of that character—I will not undertake to say that it was not—there being aeute inflammation, cayenne pepper would certainly not be a proper thing to administer, nor in an inflammatory fever—in the state of this patient it was not a proper remedy.
FREDERICK JAMES GRANT , F. R. C. S. I am one of the surgeons of the Royal Free Hospital, and pathological anatomist to it—I was ordered by the Coroner to make a post mortem examination of this lad about a week or nine days after his death—I found all the organs essential to life, quite healthy—I examined the hip-joint by laying it open, and found a portion of the circumference of the cartilage of the head of the bone absorbed or removed by disease, or more correctly speaking, removed by inflammation, and another portion of cartilage, about the size and shape of a shilling, had also been removed from the ossitabulum or socket of the hip—it is a ball and socket joint—the bone itself was highly inflamed, and turgid with blood, highly vascular, and in the cavity of the joint was about two teaspoonsful of matter—I looked inside the abdomen, at the part corresponding to the hip-joint, and there I found that the disease, I have been speaking of, inflammation; had extended to the muscle leading down to the hip-joint, and also had extended to the peritoneum, covering the muscle and its sheath; there was peritonitis or inflammation of the peritoneum at that part—some lymph bad been thrown out by the peritoneum into the substance of the muscle, causing considerable tension of the muscle—in my judgment inflamatory fever was the cause of death, followed by exhaustion by peritonitis—there was no difficulty in a properly qualified medical man ascertaining in the boy's lifetime what he was suffering from—in the state in which I found the hip-joint, cayenne pepper would be a very improper thing indeed to administer, because it is a powerful stimulant, and would make the inflammatory fever inevitably fatal—I believe that the administration of the cayenne, in doses, in connection with the acute inflammation, and inflammatory fever would together be inevitably fatal—this was not a scrofulous disease at all; I can give you a very good reason for saying so: the usual manifestations of scrofula in the meserteric glands, and by tubercles in the lungs, were absent—there was no scrofulous disease, nor were there the usual characteristics of it—I took out the stomach, held it up to the light, and saw that it contained a quantity of dark fluid, and that it also had, when held up to the light, a crimson hue from inflammation.
Cross-examined. Disease of the hip-joint, I believe, is not uncommon with scrofulous patients? A. It is very ordinary, but it would depend upon its character whether it would be one of the matters which would indicate scrofula—hip-joint disease is a generic term; it is found in scrofulous patients, but not this kind—cayenne pepper is an improper remedy in acute inflammation—you may know, but I do not know, that there is scarcely a
medical opinion of the last age that has not been altered in the present—bleeding is not used as it was fifty or sixty years ago; it is not considered fatal now, but the treatment is very different—the doctors hardly ever carry a lancet now, because the state of the public constitution is so altered that people will not bear bleeding where they used before—I think that bleeding was all right fifty years ago—a great many medical men are not of an entirely different opinion—I never saw cayenne used for low fever, or heard of it—I am not acquainted with it from books—I do not say that the notion of using it for low fever is monstrous, because I have no experience of it, but capsicum or cayenne pepper is so powerful an irritant that we should not use it in fever—low fever and acute inflammation are not the same—I have had no experience of its effects in low fever; but as regards acute inflammation its effect in congested sore throat, for instance, would preclude our using it for inflammation—I can form a judgment of it in inflamination, but low fever is far more mysterious, and that is the reason I cannot give an opinion—the pathology of low fever is not by any means so well understood as inflammation—cayenne is never used for inflammatory sore throats.
GEORGE CUNNINGHAM . I am the Coroner's officer—I received these three bottles from Mr. Proby, and this box of pills; also this jar, containing the stomach, from Mr. Cummings—I took them all to Dr. Letheby.
DR. HENRY LETHEBY . I am professor of chemistry at the London Hospital—I received these bottles from Cunningham; this jar containing the stomach, and this box of pills—the stomach was unopened, but I observed marks of inflammation outside of it—I opened it, and found that the mucous coat was tinted generally of a yellow colour, but here and there there were patches of a red colour as if from the action of an irritant—it contained ten drachms of liquid, (one ounce and a quartere) of a yellowish, or yellowish brown colour, which I found was due to the prsence of bile in large quantities—there was no trace of food or of any solid matter—I examined it chemically, but found no trace of matters of a poisonous nature, but only bile and cayenne-pepper—that is called in Latin capsicum annium—it flowers annually, and is different from capsicum frutescent—several kinds are used for making cayenne-pepper—the cayenne-pepper I found would account for the red patches in the stomach, and also for the presence of the quantity of bile which there was there, and for the absence of food, because being a powerful irritant, I think it likely to have created very violent vomiting, which is accompanied by a regurgilation of bile into the stomach, bile not being naturally found there—I examined this large bottle, No. 1, labelled "The mixture, take a table-spoonful four times a day, and two pills night and morning"—it is a twelve ounce bottle—it contained six and a half ounces of a brownish liquid, which on standing, separated into two portions; a quantity of vegetable matter which subsided, and a clear liquid which was a solution of cayenne-pepper—the rest was powder which subsided to the bottom of the bottle—the vegetable matter was so broken up that I was unable to ascertain by microscopic examination what it was—the cayenne-pepper was rather a strong solution as was ascertained by its taste, and by proportion which I obtained by evaporation—I am a medical man, but not a member of the College of Physicians, at least I am qualified, but do not practise—I practised some fifteen years ago, but have ceased to do so—in my judgment that mixture would not be a proper medicine to give to a person suffering from acute inflammation of the hip-joint—it would be injurions—this six ounce bottle, No. 2, called" The gargle," contained four and a half ounces of a brownish liquid—it contains spirits of wine and cayennepepper
—bottle No. 3, which the boy's father gave him when he was dying is nothing but liquorice-water—the pill-box contained thirty-two pills, weighing two and a half grains each, consisting of assafortida, or galbula, a resinous matter like jalap, and a quarter of their weight of plaster of Paris and chalk—they would not have a tendency to increase inflammation. Cross-examined. Q. Do you not know that there is a prevailing opinion that cayeune or capsicum is a very useful remedy; I do not mean among graduates of the University, or the College of Physicians, but is it not among the masses very largely taken? A. I cannot say, I can only answer from my experience, and I have had four cases of Inquests in which I have had to inquire into it, therefore I speak from my experience, and say there may he among the masses a prevailing opinion that cayenne-pepper, and lobelia inflata, are good remedies for serious diseases, and I found my opinion upon the fact that I have had to investigate five cases of poisoning by lobelia and cayenne-pepper—I do not know that there have been cases in which my judgment has turned out to be very much at fault—I was not entirely in error in the case of Mr. Sheridan, the arsenic test; allow me to explain, in the case that we are referring to, there was evidence that a powder was taken out of a man's pocket and thrown into a fire, and that there was a blue flame, I thought it was therefore an important question whether the person had thrown in a paper containing arsenic; the experiment was made by me in the presence of a great number of chemists well qualified to form an opinion, and we found that it does burn with a blue flame, though a gentleman, who had perhaps never made an experiment before in his life, came into Court and gave evidence that he did not get the blue flame, but that does not prove that I was at fault—I am giving the absolutely right version—Sir Benjamin Brodie did not give a different opinion, nor was the man's life saved upon that; the man was acquitted—there was no medical opinion on the case or question of it—it is not the general opinion of the profession that I was wrong, and if you had that opinion before, let me disabuse your mind of it.
COURT. Q. What was the immediate cause of death? A. The pain and inflammation had created great exhaustion and, as I take it, the vomiting: he died of exhaustion, following on intense inflammation—the inflammation caused the exhaustion, and the exhaustion caused the death; the inflammation being partly natural and partly artificial; natural from the hip-joint, and artificial from the cayenne.
MR. SERJEANT BALLANTINE. Q. I find I am wrong about the name—it was Ann Merritt's case? A. Yes, I recollect that case.
Q. (Reading from the Sessions Paper, Vol. 44, p. 178)—"The sentence was not carried into effect in consequence of my having written a letter; I was the cause of her being respited; other scientific gentlemen interfered, and challenged the soundness of my conclusions before I wrote any letters at all." A. Yes, the impression was that my opinion was called in question; it was a case in which Ann Merritt was tried here for murder of her husband by arsenic, and she was convicted; one very important question put to me by the Judge was, whether I could form an opinion of how long the arsenic had been administered. I forget the proportions, but I think it was eight grains, contained in nearly a pint of gruel; the evidence of the medical man, Mr. Tolman, was that the person had vomited up to half an hour of death, taking that into consideration, and as I had found nearly a pint of gruel in his stomach, and eight grains of arsenic, my opinion was that it had been taken within three hours: upon that the Judge made
some powerful observations, that as nobody had had access to the man but the woman, it must have been administered by her, and whether I was right in saying that the gruel might not have been there more than three hours.
MR. POLAND to THOMAS PROBY. Q. Which was the mixture you gave your son just before his death? A. This smallest bottle (No. 3).
Prisoner. It is senna (tasting it).
NOT GUILTY .
MESSRS. METCALFE and PATTERSON conducted the Prosecution and
MR. COOPER THE Defence.
WILLIAM JONES (Policeman, B 63). On Thursday, 14th April, about half-past 1 in the morning, I was on duty, and saw the prisoners in front of Mr. Sherman's shop, who keeps a post-office at 32, Alexander-street, and deals in spirits—Warren was lighting his pipe with a piece of paper—they said something together which I could not hear, and then moved to the letter-box—Warren was about to put a piece of lighted paper in, when Albert said, "What the devil is the use of that? it is not half long enough"—Albert then lit a much longer piece from the piece held by Warren—then they dropped both pieces into the box—I then saw a flame come from the mouth of the letter-box, and the prisoners ran away—as soon as they had passed where I was standing, I jumped over a low wall, and ran down the middle of the road after them—I saw them turn into the gateway at the corner of Alexander-street and Alexander-terrace—immediately I saw them stop, I stopped running, and asked them if they could oblige me with a match—they felt in their pockets, and while so engaged I got close up to them—I laid hold of both of them and said, "I shall take you in custody for throwing lighted paper into a letter-box"—Albert said, "For God's sake do not look me up; I am only an errand. boy"—Warren said, "I was never near the spot"—I took him back to Mr. Sharman's, and rang him up—he opened the door, and we went into the shop—he took out the letter-box, and placed it on the counter—I then saw a number of letters more or less burnt, and on the top of the letters two pieces of paper, one burnt partly, and the other entirely (produced)—I searched the prisoners, and on Albert I found this piece of paper (produced) which exactly corresponds with the piece in the letter-box.
Cross-examined. Q. There are apparently three pieces of paper pasted here, what are they? A. This piece was found id the letter-box—this other is only one piece—they are just as they were found, with the exception of being pasted on this paper—I was in a garden at the corner of Durhamterrace, about thirty-five yards off—there was a gas-lamp opposite—after they had committed the act, they passed the place where I was—I do not know whose garden I was in, but I was there for the performance of certain matters connected with police duty—the gate is always left open from 10 till 6, when I leave the beat—I got over the wall scarcely a second after the prisoners passed, and took them in custody twelve or fourteen yards off—they told me that they could not give me a match, and I found no matches on them—I had never seen them before—I have since, found out that they are respectable youths in good situations—I have not found out that a young man named Halley accompanied them—they did not tell me that they had no matches, and had to light their pipes at a fishmonger's in Cireneester-street—they said that they were on their wav home to Bridge-lane—that is at Natting-hill—I took them to Mr. Sherman's shop—I did not tell them I
wanted to show them to my mate—it took us about five minutes to get to Sherman's shop.
MR. METCALFE. Q. How far had they got from the shop? A. About 100 yards—nobody was with them or in sight—the part of the newspaper found in Albert's pocket and the part found in the letter-box reads on continuously; it is about Garibaldi.
SAMUEL SHERMAN . I keep the post-office at 32, Alexander-street, Westbourne-park, in the parish of Paddington—I also deal in wines and spirits, which are stored in a cellar just below the letter-box—there were 300 gallons there at that time—on the constable calling me up, I got my key, went to the letter-box, and found that these twenty-one letters had been burned (produced)—the fire was just dying away—I found this newspaper on top of them just mouldering away, and there was a strong smell of smoke in the place.
The prisoner's statements before the Magistrate: Albert says, "I am quite innocent." Warren says, "The constable has told all false. We were not in Alexander-street; we were going home towards Notting-hill from St. Stephen's Church. I lit my pipe in Cirencester-street; that is all I have to say; I am quite innocent. "
THE COURT considered that if the prisoners only intended to set fire to the letters for a mere lark, they would be not guilty; that if they intended to let the fire do its worst, they would be guilty, but if they set fire to the letters, and it was contrary to their intention to burn the house, even if the house had been. burned, they would not be guilty. MR. METCALFE suggested that this was a state of things which the Act of Parliament under which the Indictment was framed, was especially intended to meet, but the COURT left the law to the Jury as above stated.
NOT GUILTY .
MR. BEST conducted the Prosecution, and MR. BARNARD the Defence.
JOHN KEEFE . I am a militia-man, and live at Parson's-green, Fulham—on Monday morning, 3d April, there was a row going on in the lane near my house—two or three persons were setting on my father; the prisoner was one of them—I went and pulled the prisoner off, and got my father away—the prisoner followed us, and said that as I pulled him off my father he would have it out of me—he said to my father, "I will not touch you, but I will catch hold of your bson"—he made a bounce at me, and I put up my leg to stop him—I was then at my own door, and he ran in at me, but I got away then—he did not hit me then, but he had a long thing in his hand about a foot long—my mother hallooed out, "He has got something in his hand"—he gave the long thing to another person, and then he put his hand in his pocket, making a noise in his pocket—he ran in at me in the passage, caught hold of me, and I thought he was punching me, but he was stabbing me all the time—he gave me five on the head, one on the ear, one on the neck, and one on the left side—I felt blood coming, and hallooed out, "Father, I am stabbed"—I had eight stabs altogether; seven of them after I was down, and when I hallooed "Murder!" he gave me another, and chucked the knife away—I was ill from the stabs, and was in the hospital nine days—the doctor attends me now.
Cross-examined. Q. At what time was this? A. About 1 o'clock in the morning—my father was at the top of the lane, about a hundred yards from where we live; he was about twenty yards from me when I was stabbed, and
my mother was outside my door, holding a candle about five yards off—it is a small street—I was in bed when account came that my father was in a row, and I got up, and put my working clothes on—I put up my foot, and ticked at the prisoner before I was stabbed, but I did not kick him—he swore by the cross that he would have my life that night, and heaved a stone at me—I do not know what it was he took out of his pocket, but I think it was a poker, he afterwards took out a penknife; I saw him pull it out—my father was quite sober—I heard that the people were punching him, and went and pulled the prisoner off him—this was Saturday night; my father is a labourer, and had received his wages—my mother had gone to bed, and so had I—the prisoner said that he would have my life, about the same time that he passed the poker to the other man—I was frightened of course—I swear that my father did not attack the prisoner; he never touched him—the prisoner left me because I hallooed out that I was stabbed; he got up, and ran out into the street, and said, "I am stabbed, I am stabbed," but he was not; it was me that was stabbed—he stabbed me with a pocket-knife—I struggled with him to try to get away from him—I had not the knife in my hand—I tried to get it away from him, but it was no use—he chucked away the knife, and my mother picked it up.
MARY KEEFE . I am the wife of James Keefe, of Crown-street, Parson's-green, and am the mother of the last witness—on Sunday morning, 3d April, between 12 and 1, I heard a noise in the road, and talking—I had not gone to bed—I took a candle out in my hand—my son and the prisoner met in the passage—Tracey went outside the door, and drew something out of his pocket which was very glazed, but what it was I could not see—I said, "Police! he will murder us all"—he then put his hand in his pocket, crossed to the door, and he and my boy met in the passage; the boy raised his leg to give him a kick, and said, "Father, father, I am stuck"—the father then came, and the knife flew across my face; I picked it up—I saw it cross my face from Tracey's hand, and afterwards gave it to the constable.
Cross-examined. Q. Where was your husband? A. Outside, talking to McRoach—I was not jealous of him—he very likely bad a drop taken, the same as the rest of them, but I do not know, for I was not with him—very likely there were plenty of other people in the street; I do not know—there was no moon and no lamps—my son had not been to bed that night.
COURT. Q. Before this happened, had your son been to bed? A. No, nor my husband either.
RICHARD RALPH (Policeman, V 212). On Sunday morning, 3d April, about 1 o'clock, I went to Crown-street, Parson's-green—there was a row going on, and the prisoner ran past me in Crown-street—I went to the house, and found the prosecutor bleeding very much from a stab in the side and some wounds on his head—a doctor was sent for—I saw Mrs. King pick up this knife (produced) and give it to me—it is a mistake if I said before the Magistrate that I saw the boy pick it up—I went after Tracey, and found him lying down at the bottom of Crown-street, kicking and making out as though he was dying—I got assistance, and took him to the station; we were obliged to carry him there, through his stubbornness—he was not drunk, but he had been drinking—next day, as I took him from the station to the Court, he said that he had done for a for a while; he used no other words.
COURT. Q. Had you told him what he was in custody for? A. Not before that—I have no knowledge of how he came to say it. Cross-examined. Q. What do you call stubbornness? A. Cross; he was
shamming it; he was sober enough when he got to the station—I did not make any charge against him—he did not take notice of what was said, and we could make nothing of him—I said that he had stabbed Keefe, and I was going to take him to the station; that was before I took him to the station.
WILLIAM EDWARD LEE . I am a surgeon, of Fulham—on 3d April I was sent for to attend the prosecutor in Crown-street—I found four distinct incised wounds on his head, made by cutting, one on his right ear, one on his neck, and one on his left side—he was weak and exhausted from loss of blood—the wounds were in dangerous places, and might have proved dangerous; for instance, the wound in his side might have penetrated his chest—I only saw him that once, and recommended his being removed to the hospital—the wounds might be caused by this knife—I went to the station-house the same night and examined the prisoner—he was not drunk; he had a slight wound on his face, and one on his hand—I do not think they were caused by any instrument.
Cross-examined. Q. Were the wounds in themselves dangerous? A. A punctured wound in the chest is always dangerous, because you cannot tell whether it has punctured the chest or not—I did not examine the wound in the side, because if it had nearly punctured the chest, I might have produced an injury by doing so—the wounds on the head went nearly to the bone, and were caused by a short instrument—there must have been a good deal of force used; the cartilage of the ear was divided in two. The prisoner received a good character.—
GUILTY of unlawfully wounding.
Confined Twelve Months.
Five Years' Penal Servitude.
THIRD COURT, Wednesday, May 11th, 1864.
Before Mr. Recorder.
ANSELL PLEADED GUILTY .
MESSRS. BEST and BESLEY conducted the Prosecution, and MR. ORRIDGE defended Beaumont.
WILLIAM SMITH . I am a City detective-officer—previous to Monday, 2d May, I received some directions from Mr. Sims, who is a looking-glass manufacturer; and on that morning I went to his premises, 150, Aldersgate-street, about 3 o'clock—I had the keys, and let myself into the counting-house, which runs by the side of the gateway—I then fastened up the premises; we had seen every window secure on the Sunday—I placed myself where I had a view of the roof of the premises at the back—I remained there till about 6 o'clock, when the gates were opened by Mr. Burton's foreman to let the men into some other premises adjoining—about ten minutes past 6 the prisoner Ansell came up to the gateway with his hat and coat on; he went down the gateway, and returned at about twenty minutes past 6, with a white cap and white apron on, and his shirt-sleeves turned up, without the hat and coat—he ascended a pair of steps on to a ladder that was placed against a wall at the back part of Mr. Sima's premises, got on to the roof,
and I could see him go along, through the skylight, till I lost sight of him—in about three or four minutes after that he came to the outer counting house door, with a key in his hand—I could see him through a glass panel; he apparently unlocked the door, entered, came towards me, and then turned to the private counting-house door, the first door up the gateway—he could not see me at all; I was in the inner counting-house—he went direct to the door and unbolted two bolts from the inside, he stood in the passage, and about three minutes afterwards Beaumont came by the window to the door; Ansell opened the door for him, closed it again, and they both went out through the outer counting-house into the warehouse—I saw them distinctly—they were then out of my sight about a quarter of an hour—I heard them coming very slowly, as if carrying something towards the outer counting-house door from the warehouse—I saw them again; Beaumont came into the door first, carrying one end of that load in that canvas bag; Ansell had hold of the other end—they came towards me, and then turned to the private counting-house door, which led to the gateway—I was still out of their sight, but could see them—when they got to the door one of Mr. Burton's men passed the window, which caused them to retreat to my hiding-place—they came to the door where I was, and tried to open it, and at last I was compelled to open the door upon them, and I caught hold of both by the shirt-sleeves, as well as I was able—Beaumont had no coat on—I had a very desperate struggle with them, and Ansell lifted up his fist as if to strike me—I said, "Mind what you are about, I have assistance here at hand"—after a struggle I got into the gateway with them, and called on some of Mr. Burton's men for assistance, but they thought I was the burglar at first, and not the prisoners—in struggling with Beaumont in the gateway I fell over; it was very slippery—Pavitt and Rowland were outside; they saw me pursuing the prisoners, and Pavitt went after Beaumont and I followed Ansell, through Bartholomew-close, through a coffee-shop, where I was stopped on the way, into Smithfield—I took him there, and handed him over to another officer—I went back to the prosecutor's premises, to see them safe, and put an officer in charge to protect them—I then, in company with Mr. Sims and Mr. Strickland, ascended to the upper part of the premises—we found a plank placed across at the back, from the roof to the wall, and above the plank was a step fastened by nails against the side of the wall, under the window—the slates were very much broken, and the upper part of the window in the joiner's shop was unfastened—I am quite sure that that window was closed and secured on the Sunday, and the doors also. Cross-examined. Q. What time was it that Beaumont came? A. Between twenty-three and twenty-four minutes past 6—the premises had been watched before, but not by me—Burton's men come to work at 6 o'clock—there are a great many men employed by him—they have to go through a different way to Mr. Burton's premises; one is a doorway, and the other a gateway—the door that Ansell unbolted was a private door which led into Mr. Sims's private counting house—I don't know how long Ansell has been employed by Mr. Sims—I said I was a police-officer in the first instance, but Beaumont knew me as an officer—when he turned to the door he had his back towards me, but in carrying the load he had his face towards me—I was at that time facing the door, and facing them as they came towards me.
MR. BEST. Q. Did the direction in which they were going lead them to go out of the premises? A. Yes, the way Beaumont entered.
Mr. Sims—I was in Aldersgate-street—I saw Ansell go in about twenty minutes past 6, and about five minutes afterwards Beaumont went in—about a quarter to 7 I saw the two prisoners running away from Mr. Sims's yard, pursued by Smith—I joined in the pursuit, and followed Beaumont—I caught him in Bartholomew-close—he gave me an address—I afterwards went there, and found a hat and a coat which I showed to Ansell in Beaumont's presence—Ansell told me they were there before I went there—when I saw Ansell go up the yard he was in his shirt sleeves, with a white cap and apron on.
GEORGE SIMS . I am a wholesale looking-glass manufacturer of Aldersgate-street—Ansell was in my service—it was usual for my men to come to work at 8 o'clock—no one has been to work before that time with my consent for some time past—Ansell had no right to be there on Monday, 2d May, at 6 in the morning—the keys are kept by my principal manager or salesman—on this occasion I had given the keys to Smith the detective—the value of the property removed is about 8l.—they were in the show rooms, where we keep finished goods.
Cross-examined. A. How long has Ansell been in your employment? A. About nine years, I think—the other prisoner has been in the employment of Ralph Brothers', who are my tenants—their premises form part of the same block of buildings—there is no access in or out.
532. JAMES ANSELL and WILLIAM BEAUMONT were again indicted for breaking and entering the warehouse of George Sims, and stealing four plates of glass, and GIOVANNI PEDROLLI (34) , for feloniously receiving the said plates, knowing them to have been stolen.
ANSELL PLEADED GUILTY. MESSRS. BEST and BESLEY conducted the Prosecution.
MR. F. H. LEWIS defended
PEDROLLI. WILLIAM ROWLAND (City-policeman 247). Previous to Saturday, 30th April, I had received instructions to watch Mr. Sims's premises in Aldersgate-street—I was in company with Pavitt on that morning, and saw Ansell and Beaumont—Ansell went to the premises about ten minutes past 6, and went up the yard adjoining—he had a white cap on, and was in his shirt sleeves—about five or ten minutes afterwards I saw Beaumont—he had his coat on and an apron—he went up the yard and I lost sight of him—about ten minutes after, perhaps, I saw him come out of the same yard, and go down Aldersgate-street—he had a load on his back, wrapped up in a blanket, and tied round with a rope—I followed him, and he went to Mr. Pedrolli's house in Red Lion-street, Clerkenwell, about ten minutes' walk from the prosecutor's place—he got there, as near as I can say, about half-past 6, or a little more—the shutters of Pedrolli's shop were down—I could not see whether the door was open—I saw Beaumont go to the door—I did not see that he knocked—he went apparently right in, with the glasses in his arms—he had them on his back first, but he lifted them off his back at the corner of Albion-place, and put them under his arm—I waited till he came out, which was in about three or four minutes—he then had only the covering of the things under his arm—he went up Albion-place, up St. John's-Iane, and into a public-house at the corner of Peter's-lane—I there lost sight of him—he was then in his shirt sleeves—when he went into the gateway he had his coat on.
Cross-examined. Q. Do you mean to say it was not later than half-past 6 when he got to the shop? A. It might be two or three minutes over the time—it was not much more.
WILLIAM SMITH . I am a City detective—about Half-past 5 on Monday, 2d May, I went with Rowland, Pavitt, and Mr. Sims, to Pedrolli's residence, 45, Red Lion-street, Clerkenwell—he is a looking-glass manufacturer in a small way—I saw Pedrolli there—I told him that I and Rowland were officers, and said, "You can please yourself whether you answer some ques-tions I am about to put to you"—I said, "You had some property brought here on Saturday-morning by a man named Beaumont, which was stolen from Mr. Sims's premises; this is Mr. Sims, and Beaumont and another man are now in custody for robbing him, and remanded"—he hesitated, seemed very much agitated, and trembled and said, 'No, I did not"—I said, "Be careful what you say, for this witness (pointing to Rowland) saw Beaumont come in about half-past 6 in the morning"—after another pause he said, "Well, yes I did, I bought four plates, and there they are at that end of the warehouse; I gave 25s. each for them"—we had examined the plates at that time—Mr. Sims turned to him and said, "You know you have not given half the price for them; you know they are worth more than double"—I said, "Did you question the person from whom you got them?"—he said, "No, I bought them as a job lot"—I said, "Have you any receipt of the transaction?"—he said, "No, I have not"—I said "Have you any book at all relating to it?"—he said, "No, I have not"—I said, "I shall be compelled to take you into custody for receiving property, knowing it to have been stolen"—he said, "Oh, don't do that; I will give the property up"—he said that several times—these are the plates (produced)—I searched the premises—I did not find any book.
Cross-examined. Q. The prisoner is an Italian, is he not? A. Yes—it is not a very large shop—the plates were not concealed—he pointed out to us where they were; this was two days after Rowland had seen them taken into the shop.
MR. BEST. Q. Did Pedrolli understand English? A. Yes.
FREDERICK CARLISLE . I superintend the silvering department of Mr. Sims's business—I have seen these plates, they are my employer's property—I stated that they were worth about 2l. 10s. each, but I think it is some-thing less than that—as far as I know that is the price in the trade; I don't know the exact price—they are perfect as regards the silvering, but two of them are wet, hardly in a fit state to send out—plates are never sent out from our establishment in that state; they are never sold in that state—my own handwriting is on them—that is what enables me to say they are my master's property—I examined the stock about three days before this; and examined the wet stock after I had been to Mr. Pedrolli's, and found a space where two had been taken from.
Cross-examined. Q. Just show us what you call wet silver? A. They are dry now—they were placed on the tip at the station-house—they have drained off now; the silver drains off of them for a certain time, till they get perfectly dry—they are first of all placed on an incline; they stand for a certain time, and then they are placed in a stack the other way up, and they have to be there for a week or a fortnight—these had only been put on three days—to any one who did not know anything about it, it would seem very nearly dry—an ordinary observer perhaps would not see it—any one who knew the trade would—they are as smooth then as they are when they are dry—I never heard of these sort of glasses being sold as job lots, not from our house at any rate.
manufacturing price—my contracts run from about 1,000l. to 5,000l.—I buy 500 at a time—I should like to get 3l. for them; they would be dirt cheap at 25s. or at 35s.; I should be glad to buy as many as I had money to pay for—the other two cost me about 2l. as near as possible, within a few pence, silvered—I was at Pedrolli's shop when these goods were pointed out to me—I went up to the place where they were standing—they were what we should call in a very wet condition; they had drained since they had been there—the mercury is worth about 2s. 6d. or 3s. a pound—we get back a certain quantity of the mercury which drains from them in the first instance, so that persons who are able to pay their way would not sell goods in that condition.
Cross-examined. Q. Do you not know of looking-glasses being sold at sales, at considerably reduced prices; I don't say anything about the undrained state? A. I don't know of it; I should be sorry to know it.
MR. BEST. Q. You have never heard of glasses being sold in that state? A. I have not; I have heard of persons selling goods in this state when they were not able to pay their way, and had their goods sold off to pay their debts.
PEDROLLI received a good character.—
GUILTY.—Recommended to mercy by the Jury on account of his character. — Confined Nine Months.
BEAUMONT.— GUILTY .— Confined Eighteen Months.
ANSELL.— Five Years' Penal Servitude.
MR. PATER conducted the Prosecution, and MR. SHARPE the Defence.
WILLIAM HUGHES . I am assistant to Arthur Kay, and others, ware-housemen, of Old Change—I saw the prisoner there on 4th May, about 1 o'clock in the day, he was soldering down cases; he was employed for that purpose—he did not belong to the establishment—he was at work in the same part of the warehouse that I was—there was some flannel kept there, in a fixture, a place reserved especially for piece goods—they are piled one on the other on the floor, in an aperture on purpose—he would have access to those goods—I cannot distinctly state the time he left the premises—I went to dinner about a quarter to 3—I was told he was there then—I did not see him.
Cross-examined. Q. There are three Mr. Kays in the firm, are there not? A. Yes, and Mr. Evans—I was not there with the prisoner all the time—there are several persons in the employment, all engaged in different parts of the warehouse—this is common flannel, which is used in the trade for shirting—I last saw the prisoner about 1; he might have left shortly after 1.
THOMAS SMART . I am a City detective officer—about twenty minutes past 3 on the afternoon of 4th May, I saw the prisoner in St. Mary Axe, with a dealer whom I knew—I saw them turn up a narrow court, called Brown's-buildings—at that time the prisoner was carrying a bundle—I fol-lowed just behind them up the court, and saw them turn into a recess, where the court suddenly gets wider—I stepped back into a doorway; just as I did so, two females, also dealers, went up to them, and the man dealer pushed them away, with an oath, and said, "You don't want to buy stolen goods"—the females thereupon left, and so did the prisoner—I was in private clothes at the time as I am now—the dealer followed the prisoner up the court through into Bury-street—I followed them up to the top of Bury-street,
when the dealer turned round and saw me coming—he immediately leant on a post as though nothing had occurred, and the prisoner went on into Castle-street, Houndsditch, still carrying the bundle—I followed and stopped him—I told him I was an officer, and said, "What have you in that bundle?" he said, "I do not know what it is"—I said, "Where did you get it?" he said, "I picked it up"—I said, "Where?" he said, "In Cannon-street"—I said, "How long since?" he said, "About a quarter of an hour"—I said, "Your explanation is unsatisfactory to me, you must come with me to the station"—on our way there I said, "When you picked it up, was it in the same state it is now?" he said, "This is my handkerchief that is round it, when I picked it up there was nothing round it"—on our arrival at the station I examined the contents of the bundle; it contained this piece of woollen cloth; this ticket was on it at the time; "191/2 cut "is written on it in pencil, and it bears the number "9998," and at the bottom "483/4 yards" in ink—I asked the prisoner where he worked, and he said he had been employed at Arthur Kay and Evans's, in Cannon-street, up to 3 o'clock that day.
Cross-examined. Q. When you were before the Magistrate did you remember that about his working till 3 o'clock, at Kay's? A. yes, and I spoke of it—Brown's-buildings leads from St. Mary Axe to Bury-street—I saw the dealer pull open the handkerchief, and look at part of this stuff—the prisoner gave me a correct address, and said also that he had been soldering cases for Arthur Kay and Evans, which I found was correct.
CLARKE SELLS . I am assistant to Mr. Arthur Kay, the prosecutor—these woolen goods correspond with goods we have in our establishment—I know the number of this ticket; that corresponds—I have the duplicate numbers entered in my stock book—I have the books here—I have it entered here in my own writing (Referring to the book.)—it is the manufacturer's number—the number on the ticket corresponds with that in the book—that enables me to say that this is the property of my employer, with the length that has been cut off—I have an order here from one of our travellers for part of this piece, and the portion sent to him added to this makes up the proper number of yards—this piece is worth about 30s or 32s.
Cross-examined. Q. Do you know of your own knowledge apart from that book, whether any goods were sent of this kind? A. I do; I was present when it was cut off, entered, and sent—191/2 yards were cut off—they were sent to a customer of ours—this is the order copied from the traveller's sheet—I saw 191/2 yards cut off, and sent out of our place—there are about 30 yards altogether—I have not measured it—probably any other tradesman who received goods of this character from the same manufacturer would have the same mark on his goods—the 191/2 was written by a young man named Cale, who has left us about ten days or a fortnight—the 483/4 is the manu-facturer's writing—I know nothing of the prisoner's character at all—I have no doubt whatever that this flannel is the property of Mr. Arthur Kay.
GUILTY .*— Confined Fifteen Months.
MR. PATER conducted the Prosecution, and MR. BEST the Defence.
9th April, and at the same time I received this card (produced)—it is Mr. Sylven's card—the order was not executed—on receiving this from the boy Moore, who is a shoeblack, I immediately went to the file, and referred to an order that I had received on March 15th—I compared them, and in conesquence of some suspicions we did not execute this order—Mr. Sylven is a customer of Mr. Adams—he carries on business as a gun maker in Leicester-square.
Cross-examined. Q. Did you give pistols for the former order? A. Yes—I gave them to a man who signed his name Smith—ho signed the book—we did not give information to the police about that man—a few days after the goods bad left our establishment, our accountant applied for the money—we took no trouble about that matter.
MR. PATER. Q. That was a forged order, was it not? A. Yes, it was supposed to be.
WILLIAM MOORE . I am a shoeblack, and belong to the red, the City brigade—I received this card and paper from the prisoner on 9th April—he came to me in Orange-street, and asked me if I would take a letter for Mr. Sylven, of 33, Leicester-square; as I was going with it he came with me to King William-street, and when we got to the shop he said, "Take the letter in there, and ask them to send the parcel as quick as ever they can, because a gentleman is waiting for it"—I have no doubt about his being the man; I remember him.
Cross-examined. Q. You see a great many persons in the course of the day? A. Yes—I can't say that I should remember them all—I next saw this man at the police-station; the officer took me there—he told me he had got the man in custody, and I went to see if it was the same person who gave me the letter; he had not a moustache on when I saw him first; he had the second time I saw him—they brought him out of the station with about six or seven more; some were rather tall and some short—I saw one short one—the inspector asked me whether I would go round and pick the one out, who gave me the letter; I went round and picked the prisoner out, the moustache made no difference—I never saw any one like him before, or since—I knew him by having a round hat on, and partly by his face—he had a round hat on when I picked him out—I should have known him if he had not had a round hat on—I am quite sure of that.
MR. PATER. Q. Have you any doubt about his being the man who gave you the papers? A. No.
THOMAS SYLVEN . I am a gun-maker. of Leicester-street—I am a customer of Mr. Adams—this is my business card—I believe this order is in the prisoner's writing—he was my book-keeper, and I know his writing—he was with me about twelve months altogether; but he had left my place five or six times on his own account—I did not authorize him to go to Mr. Adams with this order—he was not in my employ then.
Cross-examined. Q. He was a pretty good workman, was he not? A. I learnt him to be so, and I rather liked him in consequence of that—he worked after my own style—I was angry with him for going away from me—I believe this writing to be his—I have the books here—I have seen him write hundreds of times—I am confident it is his handwriting—I don't think there is any doubt, I have seen so much of it—I only employed the prisoner and a boy in my place—I employ about twenty out of doors—they work at piece-work—they come to my place, take work out, and bring it back again—I have receipts from them; but there is nothing written by
myself or the prisoner—I allowed the prisoner to give written orders to persons doing work for me, if he thought proper—he did give orders to workmen in his own handwriting—there was not a man named "Henry Smith" among those I employed.
MR. PATER. Q. How long before 9th April did the prisoner leave you? A. He left eight weeks last Monday—(Order read:" Messrs. Adams; Will you please oblige me by letting the bearer have two or three revolvers, different sizes, as samples? also the lowest price per dozen, as I have a gentleman here who I think will give a good order, if the prices suit. Yours, in haste, Stevens, for Thomas Sylven.")
COURT. Q. Had you a person named Stevens in your employment? A. No, never.
GUILTY of uttering. — Confined Eighteen Months.
MR. METCALFE conducted the Prosecution. JULIA CLANOEY. I am single, and live at Chapel-street, St. George's-in-the-East—on 15th April, I was coming up Wells-street with another young woman—a young man was standing at the corner, eating a saveloy—I said to him, "You might give me a bit;" and he said, "Yes;" and gave me a bit, and I gave a bit of it to the other young woman who was with me—the prisoner then came up and called me names; and I said, "What sort is your mother?"—he said, "I will break your jaw if you say that again"—I said, "Do it, then"—he said, "Yes, and I would do it to your brother-in-law too"—he then hit me across the small of the back, and then he kicked at me twice—the first time, he did not kick me; the second time, he kicked me in the private parts—it was a violent kick, and I fell down at once—I bled—there was a great pool of blood when I got up—I was taken to the station, and I gave the prisoner in charge—I was insensible—I was examined by a surgeon—I only knew the prisoner before by sight, by seeing him about the Sailors' Home—I believe he and my brother-in-law had some old disagreement.
Prisoner. Q. Was it before or behind that I kicked you? A. I received the kick behind, I believe; I don't know. I believe you were behind me when you kicked me.
DANIEL WITHERS . I am a stationer, at Wells-street, Whitechapel—on Friday, 15th April, shortly after 10, I was standing at my own door, and saw the prisoner come round the corner of the street and cross over to where these women were standing—he said something to a woman, not the prosecutrix, and struck her twice—she left him, and I afterwards saw him in altercation with the prosecutrix—I then saw him strike her with his fist—she was exasperated with him, and took off her bonnet, which she gave, with a basket which she had in her hand, to the other woman who was with her—she then followed the prisoner, and called him a very bad name—he struck her first, and then kicked her twice in the lower part of the person, and she sank at my feet—I called my young man, crossed over and told a policeman what had occurred—there was a pool of blood on the ground where she fell; the stain is there now—the prisoner seemed excited; he threw himself about as if he was in liquor—he kicked the woman before, twice; she makes a mistake, it was not behind—I was quite close to them—he kicked her twice in the fore part of the person, and stood before her.
inch in circumference; a lacerated torn wound, and she was bleeding very much—it was such a wound as might have been inflicted by a kick—it was a very severe wound—the boot is one with which you would not imagine it could have been done, but it is possible—it must have been a very severe kick indeed to do it—she has now recovered, but she was in the hospital for a fortnight—an artery was ruptured.
Prisoner. Q. Did not she come out of doors four days after she went in? A. She came out four days afterwards, and she was taken in again in a cab, bleeding—she told me at the station that she was kicked from before.
GEORGE FORSTER (Policeman, H 207). I was called by Mr. Withers, and took the prisoner into custody at the corner of Wells-street—I sent my brother-constable to bring the woman—I told the prisoner I should take him to the station for assaulting a woman, and kicking her in the private parts—the woman was brought to the station, and charged him—he said, "Yes, you called me the son of a cow; and I will die for my mother"—he was excited from drink, but was in a state to know what he was about.
Prisoner. Q. Did you not say to me, "How long is it since your mother died?" A. No—you did not say she died sixteen months ago.
Prisoners Defence. I was very drunk. Perhaps I might have done it accidentally; I did not mean to do it I don't believe the boots I have got on would cause such a wound; they are worn down; there is no sole to them. I don't know whether I did it or not.
MR. SLEIGH conducted the Prosecution, and MR. KEMP the Defence.
NOT GUILTY .
BENJAMIN GARDNER . I am a provision merchant and pork-pie maker, of 45, Lower Rosamond-street, Clerkenwell—in February last, the prisoner entered my employment as traveller, to serve the City houses—I was the first man who ever made pork-pies to serve London—I employed the prisoner to sell my goods on commission—soon after he entered my employment, a sum of 4l. was owing to me for some pork-pies that he had had—he paid me a cheque on the Dorking Bank—this is the cheque; it is for 6l. 7s.—I gave him 2l. 7s., the change that he ought to have received for the balance—I paid away this cheque to a salesman in Newgate Market, named" Masters," and it was returned to me dishonoured—the prisoner absented himself the next day, and it was three weeks before we could catch him—I cannot remember the day he gave me the cheque—I should say it was early in March—a publican in Warwick-lane offered me another cheque for 13l. 10s. which he got from the prisoner—when he gave me this cheque for 6l. 7s. I believed it to be a genuine instrument, and it was on that belief that I gave him the change, 2l. 7s.
Cross-examined. Q. Had the prisoner anything to do with making the pies.? A. No; I have been in Rosamond-street very nearly twelve months; at the time
the prisoner came into my employment the shutters of my pork-pie establishment were up—I am in the wholesale trade; I have served the Castle Tavern, Guildhall, for the last twenty years—I keep some books—if I trust people I put it down—I did not sell the pies to the prisoner—he took them to the taverns and delivered them, and had a penny a pie commission—I have no entry of this transaction between the prisoner and myself here; I have at home—I don't know a man named Gibbs, or Hiatt, of Packington-road, Islington—my boy, John Ashley, was present when the prisoner gave me this cheque, and I gave him the change—he is here—the prisoner asked me to give him the difference of the cheque, and he wanted six dozen more pies to send down to Warwick-lane—he did not say the cheque for 6l. 7s. had been given to him to get changed—I did not see at the time he gave it me, by whom it purported to be signed—I thought he was an honest man—Morgan was the man who recommended him to me, and Morgan found him for me, and said it should be settled the next day, and I never saw him till three weeks afterwards—I saw him the next day, and the day after—it might have been Saturday, the 16th, that he paid me this cheque—it was sent back to me wrong two days afterwards—I never saw the prisoner after the cheque came back till he was in custody—I know the Blue Anchor in Coleman-street, I serve them now—I was not in there with the prisoner about the 20th March, to my knowledge—I never set eyes on him after the cheque came back—I was not at that public-house with him the day before the cheque came back—I did not tell him the cheque was dishonoured—I did not hand him the cheque, and he did not say he would see what was the matter—I did not have the cheque in my possession, how could I?—I did not ask the prisoner to lend me a sovereign to pay my rent at the Blue Anchor—I have a lease of twenty-one years at 35l. a year—I pay my rent quarterly, or when it suits me—I say that I never saw the prisoner after that cheque was returned—I was examined twice in this matter before the Magistrates—I am now seventy years of age, and my recollection is not so good as it should be—I saw Morgan after the cheque came back, and asked him to go to Masters about it, but not the prisoner, and he ought to be here with the prisoner—(MR. SLEIGH put in the depositions, they contained the words, in cross-examination, " I did not go to the prisoner after I heard the cheque was dishonoured. I saw him, and asked him to go to Mr. Masters to settle it, otherwise I should give him into custody")—that is correct; that is what I said; it is correct that I saw the prisoner, and asked him to go to Mr. Masters, and settle it, otherwise I should give him into custody—if I have committed myself in any way, I am sorry.
COURT. Q. When was that? A. The day after the cheque was found to be wrong—I did see him again—I was wrong just now.
MR. SLEIGH. Q. Did you see the prisoner two or three times after the occasion you have just spoken to, at different places before you gave him into custody? A. No; I did not; I am positive I did not—I used every exertion to try to find him—I was not drinking with him afterwards; I was not drinking gin with him in my bakehouse two or three 'days afterwards—my boy did not go out for beer or gin for me and the prisoner some days after I spoke to him about the cheque—at the time I paid him the 2l. 7s. John Ashby fetched 8d. worth of gin for him, and me, and another, and that was the last time I drank with the prisoner—the 13l. 10s. cheque was left at a publican's in Warwick-lane, Newgate-street, and the prisoner told me to take six dozen pies there, and to give the difference of the 13l. 10s.—it was the pridoner's order—he ordered me to take them, and I was to have the cheque,
and give the difference—the prisoner did not show me the 13l. cheque—it is true, in one sense, that he offered me that cheque for 13l.; he did not actually show it to me—I made the remark that the signatures on the two cheques were the same, because he told me that it was on the same bank, and on the same person—I did not see the siguature—how could I see it?
MR. WILLIAMS. Q. That 4l. that the prisoner received was, I presume, for pies sold for you, and paid for by the publican? A. Yes; and two sides of pork—I never saw the prisoner on any other occasion except the one when Mr. Masters brought the cheque back.
ALBERT EDWARD MASTERS . I am clerk to my father, a meat salesman in Newgate-market—on 19th March I received this cheque for 6l. 7s. from Mr. Gardner, and paid it into the Metropolitan and Provincial Bank, Cornhill, and it was returned to me, "No account. "
RICHARD WIDEN CROUCH . I am clerk to Messrs. Beachings, bankers, of Tunbridge Wells—we have no customer named Henry Lawrence—I do not know this signature to this cheque at all—this is one of our blank forms.
GEORGE MOLLINEUX (City-policeman, 97). From information I received, I apprehended the prisoner in an omnibus in Bishopsgate-street—I told him he was charged concerning a cheque, and showed him the one for 6l. 7s.—he said to me, "There is others more implicated in the matter than what I am"—I took him to the station.
Cross-examined. Q. Did he tell you that he received the cheque from a person of the name of Gibbs? A. No; he did not say anything about a person named Hiatt at any time—I called it a forged cheque—he did not tell me that when he received it, he believed it to be a good one—I have mentioned all the conversation that we had.
GEORGE WHITAKER . I am a sheriffs-officer's assistant, and live at 8, Maid-square, Lower Whitecross-street—I know the prisoner well—I have seen him write, and know his writing—to the best of my belief the signature, "Henry Lawrence," at the bottom of this cheque is his writing—I have seen him write similar to this, and believe it to be his writing.
Cross-examined. Q. How long is it since you have seen him write? A. I saw him write five weeks ago, at the Bell in Basinghall-street—I don't know anything about the body of the cheque; it is only the signature I speak to—I won't have anything to do with the body of the cheque—I have no belief as to whether it is the same writing; I don't think the writing on the body of the cheque is the prisoner's—I believe the signature is the only part that is in the prisoner's writing—I think the body of it is written by somebody else.
MR. SLEIGH called
JOSEPH EADE . I am a miller at Dorking—I have know the prisoner ten years—I have not seen him write for this last year or two—I think I could speak as to his handwriting—I have seen him write very frequently—I do not believe that any part of this cheque is his handwriting—I never knew anything against him in my life—he was a man in a good position at one time.
Cross-examined. Q. Do you know what he has been doing for the last three years? A. I cannot speak to that—he has left our neighbourhood; I cannot tell what employment he was following—he has visited me within the last twelve months—perhaps it might be two years ago since I saw his writing—I cannot tell whether this" Henry Lawrence" is similar to his writing—I don't think it is; it is not bold enough—he generally wrote a larger hand.
MR. SLEIGH. Q. He used to live in the neighbourhood of Dorking I believe? A. Yes.
COURT. Q. When have you seen that cheque before? A. I saw it passed at the Mansion-house, but did not have it in my hand—I never examined it before to-day.
JOSEPH SCOTT . I represent a firm in the wine trade—I have known the prisoner three or four years; I have seen him write repeatedly within the last two months, and before that for two or three years—in my opinion not a letter in this cheque is Mr. Dibley's writing; the "Henry Lawrence" in the corner has not the slightest resemblance to his writing—I have always looked upon him as a highly respectable young man.
Cross-examined. Q. What firm do you represent? A. Read, of Bush-lane—I am not aware what business the prisoner has been following—I have had transactions with him in the wine trade, and he has always paid regularly—he was buying and selling drapery goods in London—I do not know what he has been doing since then—I know a man named Morgan by sight—I have met him frequently in different taverns, and the prisoner also; not together, separately—I have seen them occasionally together—I have been with them at different taverns.
MR. SLEIGH. Q. Do you know what has become of Morgan now? A. I do not; my visits to these taverns were in the way of my trade.
RICHARD DIBLEY . I am a farmer, of Berkshire—the prisoner is my brother—I know his writing; I have seen him write repeatedly—I should say that the writing on this cheque is decidely not my brother's; he has always borne the character of a respectable, honest man—I never heard of any imputation or charge against him-before this.
Cross-examined. Q. Do you know what he has been doing for the last three yean? A. No, I do not—this writing looks to me rather larger than my brother's, but it seems to me quite a different hand, as far as I can see it.
MARY DAXON . I am a teacher—I have known the prisoner nearly a year—I have seldom seen his writing—I don't think I have seen him write; I have seen one or two of his letters—during the period I have known him he has borne the character of a respectable, well-conducted man—I am acquainted with his wife—he has lived in my house, and always conducted himself as a gentleman.
Cross-examined. Q. What trade has he been following? A. I don't know anything about that.
HENRY HIATT . I live at 14, Packington-road, Islington, and am a general agent—to the best of my belief, I have seen this cheque before; I cannot tell you when—I know a person named Gibbs—if I ever saw this cheque at all, I saw it in Gibbs's possession—I refused to have anything to do with it—I have known the prisoner about twelve months; he has borne the character of an honest, respectable man, as far as I know.
Cross-examined. Q. I think your general employment is to serve processes? A. Yes; and make inquiries as to persons' respectability—I don't know about the signature on the cheque I saw in Gibbs's possession, but I think I can tell it by the "61" on the stamp—I cannot speak to the signature—the general appearance is the same—I believe it was for 6l. 7s.—I cannot swear to amounts at all.
COURT. Q. Who is this Gibbs? A. I know nothing of him—I have only seen him about half a dozen times in my life; I last saw him about a month ago—I have seen him with the prisoner.
GUILTY .*— Confined Twelve Months.
OLD COURT.—Thursday, May 12th, 1864.
Before Mr. Justice Williams.
MR. PHILIPPS conducted the Prosecution, and MR. COLLINS the Defence.
THOMAS BARRY . I am a master coach-builder, and live at Tollett-place, Brompton-road—on 9th November, Lord Mayor's Day, about a quarter-past 9 at night, I was standing in Tollett's-place, close to my own house, with my wife, a watchman named Nagle, who was watching some premises be-longing to Mr. Cowling a builder, and a young man named Yates—the prisoner was on the left of me—there was a quarrel in a public-house close by, and I said to Nagle, "What a pity it is that these Irish labourers will quarrel, and that the absence of brotherly-love prevails among them so much, whereas it is so prevalent among Englishmen"—the prisoner was close to me, and as soon as I said that, he leaned back and pulled out a small trowel, and said, "Here's brotherly-love for you," and, with an oath, he struck me with the trowel on the left side of the head—I was paralysed directly; I lost the use of my limbs there and then, and had no more recollection for some time afterwards—about half-past 3 or 4 o'clock that day the prisoner had shown me five different new tools, and wanted to sell me four or five—he had a glazier's putty-knife in his hand amongst them, but before this happened he had pawned those tools for 1s. 6d.
Cross-examined. Q. Did he show you a trowel in the afternoon? A. No—one of the tools was a new putty-knife—I am an Irishman, and have great brotherly-love to all Englishmen; I have good right to do so—the public-house was not more than two or three yards from me—I don't know what was going on there; there was some quarrelling amongst themselves—I was not there—I don't know whether they were fighting; they were at high words—I had been attending to my business all day—I left work at 7—I had been into that same public-house for a pint of half-and-half—the prisoner was standing not an arm's-length from me when he struck me; he had to move back when he stabbed me—we were about three or four yards from the corner of the bridge; there was no old gas-pipe near there—it was a new building—there were no bricks lying about—I don't know what the prisoner is, unless he is a bricklayer's labourer—I never knew him before; I had seen him scores of times, but did not know his name, or what he was.
MARY BARRY . I am the wife of the last witness—I was with him in the Fulham-bridge-road; he was speaking to a man named Nagle—I saw the prisoner take his hand out of his right-hand pocket, and, with a bitter oath, he said, "Here's brotherly love for you," and he rushed at my husband, with something in his right hand, and struck him on the temple—he bled profusely—I could not swear what it was that the prisoner had in his hand; it was something of that form. (Describing it with her hand)—it was rather dark; it appeared to be iron—the prisoner ran away immediately he had struck my husband—I ran after him, but, of course, he was out of my bands in a moment.
Cross-examined. Q. Are you an Irishwoman? A. No—I know Mrs. Fraser—I have not spoken to her about this affair since the prisoner was taken—she says she saw it done; whether she did or not I don't know—I did not offer her any money to come up here and say she saw the prisoner do it—I made an offer to any civilian that would give thorough information
to the police, and have him apprehended—I do not know a man named Smith, of Newman's-row—I never went to him and asked who did it—I do not know a man named Hearn—when the prisoner struck my husband I said, "My God! my God! why did you strike my husband; who is the man?" and they said, "Sullivan"—I did not know the man—I never charged any body but the prisoner with doing it—I heard no row or quarrel going on in the public-house—the prisoner had his hands in his pockets, and directly he heard the words "brotherly-love" he deliberately struck my hus-band; he was between two and three yards from him—Mary Quinlan was there—I have not made her presents since this—I gave her a bed and other things when she was married to a relative of my husband's on Low Sunday, not on account of this.
MARY QUINLAN . I was married on Low Sunday—on 9th November last I was in the Fulham-bridge-road—I saw the prosecutor and prisoner there, and Nagle and another man—my husband was not there—Barry and Nagle were speaking together; the prisoner was close to them—I did not hear him say anything to Barry, but I saw him take his hand out of his pocket, and strike Barry on the head—he fell to the ground—when he got up he was bleeding from the back of the head—he was carried in—since this I have married a cousin of Mrs. Barry's, and have received some presents from her.
Cross-examined. Q. Did Barry fall backwards? A. Yea, he fell on the back of his head—I was closer to them than Mrs. Barry was, and had a better opportunity of seeing everything.
ANDREW FIFE . I am a surgeon, of 112, Brompton-road—on the night of 9th November last I was called in to attend the prosecutor—I found a large semicircular wound on the upper part of his head, stretching from the crown round to the front and then backwards to the ear—it was about six or eight inches long, and extended quite to the bone—it was a clean cut, such as would be made by some sharpish metal—I do not think a fall on the hard ground would have produced it, or a fall against a stone—I attended him for about six weeks; the wound healed in about three weeks, it was a severe and dangerous wound.
Cross-examined. Q. How long have you been in practice? A. Three years—in my opinion, the wound must have been made by metal of some kind—I don't think a fall against a broken gas-pipe would have done it; it would not be sharp enough—it might be done by a blunt instrument, or by some sharpish metal.
COURT. Q. Could such a wound be inflicted without much force? A. There must have been considerable force applied.
SAMUEL BELLCHAMBERS (Police-sergeant, B 35). On 9th Nov., between 9 and 10 o'clock, I was in Queen's-buildings, Brompton, and saw a crowd of persons in Fulham-bridge-yard—I went up and saw the prosecutor in the middle of the road, in a sitting position, partly supported by his wife—I saw blood coming from the left side of his head—I took him home; I was obliged to carry him, with the assistance of a young man—I sent for Mr. Fife—I went in search of the prisoner, but could not at that time apprehend him.
Cross-examined. Q. He is a bricklayer's labourer, is he not? A. I believe so; he was not at work when I apprehended him—he was passing the Oratory at Brompton—I saw his foreman, who told me he had been working for him for two months.
The prisoner received a good character.
GUILTY of unlawfully wounding — Confined Six Months.
NEW COURT.—Thursday, May 12th, 1864.
Before Mr. Recorder.
MR. BEST conducted the Prosecution.
NICHOLAS COGHLAN . I am a seaman, of 2, Devonport-street, Commer-cial-road—on 23d April, I was coming along the Back-road, and the prisoner invited me to take some ale—I went out without waiting to drink it, and afterwards met the prisoner—he said, "You are a d——stinking liar"—I said I never was that in my life—he said—"You are, and I can prove it"—I had only had two or three words with him above an hour before, about drinking, when he told me that I would not pay my share—he offered to fight me—we had one or two rounds, and then he made one or two cuts at me—my coat was cut in several places—I had a cut on my left side, and a small cut here—I have been ill, and am still in the hospital—he cut me with a small spring-backed knife, which, I believe, he threw away—we had been drinking a drop, but neither of us was the worse for it.
Prisoner. We had been on drill, and he attacked me once before coming from drill, and tore the shirt off my back.
NATHANIEL HECKBRIDGE . I am house-surgeon to the hospital—I admitted the prosecutor, and found two stabs on the left side of his abdomen,—a large one and a small one—the larger was an inch and a half long, and penetrated into the abdominal cavity, and part of the contents pro-truded through the wound—it was very dangerous—he was in danger, and is not well yet—the smaller wound did not penetrate the abdominal cavity.
ROBERT MASTERS . I am a shoe-maker, of 58, Lucas-street—on 23d April, about 10 o'clock, I saw the prisoner with the prosecutor and another sailor in Back-lane—the three sailors came and stood before my door—a quarrel com-menced, and one called the other a liar—it lasted about a quarter of an hour—the prisoner was challenged by the prosecutor, and began to spar up to him to show fight, and the prosecutor put his hand on the prisoner's shoulder instead of fighting, and said something which I could not under-stand—while I was putting up my shutters I missed the prosecutor, but in a minute he came back in his shirt-sleeves—they sparred up to one another, and had one or two rouuds—the prisoner was underneath, and got up, walked across the road, and I distinctly saw him take a knife out of his pocket—he went to spar up to him again, and jobbed the knife two or three times into him—I hallooed out, "He has stabbed the man," because the prosecutor had said that he would give him a good biding, only he knew he had a knife—somebody caught the prosecutor in his arms, and I followed the prisoner a long distance before he was stopped—I was obliged to go back to my shop because it was unprotected.
THOMAS HARRISS (Policeman, K 383). I took the prisoner—he had been drinking, but was not drunk—I believe he knew what he was doing—I took him at the bottom of Brook-street—several persons had hold of him—his right hand was covered with blood—he said to me, "I never used a knife.
GUILTY .—The prosecutor stated that he had attempted to stab him on a former occasion for interfering to servent his cutting a woman's throat.— Five Years' Penal Servitude.
540. HENRY TURNER (19), WILLIAM TURNER (22), and WALTER EVANS (24) , Burglariously breaking and entering the dwelling-house of John Clacey, and stealing therein, 1 gun, 1 gun-rod, 1 coat, and other articles, his property.
MR. LILLEY conducted the Prosecution.
JOHN CLACET . I live at Ashford, Middlesex, and am a farmer—on the night of 28th December, I went to bed and left my house secure—I came down next morning, about a quarter to 4, and found the kitchen window open—I missed a variety of articles, value about 8l., and among them a double-barrelled gun and cleaning-rod, and a knife-steel—they had all been safe the night before—this (produced) is the cleaning-rod—the three appendages were left behind—these are them; they fit it—I know this steel by this mark, I have been in the habit of using it for the last two years—the maker's name, "Smith," was on each lock of the gun, and the right barrel had been more used than the other, and was loaded, but there was no cap on it—the stock was polished walnut, the graining on one side was different to the other.
William Turner. Q Did you not give evidence at Sunbury four times? A. Yes; I did not say that I had had the steel only seven months—I gave the same evidence at Waudsworth and at Sunbury.
JOHN SHIRLEY . I am in the employment of Robert Putney, of Ashford—on the night of 28th December, about 10 o'clock, I saw the two Turners and another, who I could not swear to, on the high-road to Staines—I walked half a mile with them, and left them about five minutes' walk from Mr. Clacey's—they talked about fighting and picking pockets at Windsor on Christmas-day, and I gave information to the police.
Henry Turner. Q. Did you come to Wandsworth twice? A. Yes; the first time was to own you—I said that you two brothers were two of the men—the policeman told me nothing—I looked at you through the bars—I did not see anybody else there.
William Turner. Q. Did not Mr. Bingham say that he would not take your evidence? A. No; you were sent to Kingston Assizes for trial, because there was more against you on the Surrey side than there was on the Middlesex—you are a stranger to me.
COURT. Q. Can you say that the third man was not Evans? A. Well, he might be the man, but I cannot swear to him.
MR. LILLEY. Q. Although you saw the Turners for the first time that night, did you walk with them sufficiently long to know them again? A. Yes; they are two of the men—my attention was drawn to them so that I gave information to the police that night.
THOMAS KEENAN (Policeman, V 41). On 11th January, I was with Inspector Lovelace, and apprehended William Turner, and the inspector apprehended Henry Turner—William lived at 2, Creek-street, Battersea, and Henry, at Garden-cottage, Battersea, a short distance from each other—Evans lived in the same house as Henry Turner—after taking Henry in custody I searched the house, and found this cleaning-rod in the room in which Henry Turner lived—it is a two-roomed cottage, and Henry Turner pointed out the bed he slept on—I also found this pistol, loaded with ball, and this steel in a table-drawer.
Henry Turner. Q. Did not I come there while you were searching my brother? A. Yes—we asked you if you were William Turner's brother—I believe you said that you lived at 4, Garden-cottages—when we got there you pointed out the room, and the bed you slept on, and I asked the woman to point out what belonged to you, and what to her—she did not say, "He
has got nothing here, but what he stands upright in"—she did not point out anything belonging to you—I inquired, and was told that nobody lodged there but you.
William Turner. Q. What day did you take that steel away, was it not on the 16th? A. No—I apprehended you on the 11th, and found the steel on the 12th.
WILLIAM LOVELACE (Police-inspector, V). I was with Keenan on 11th April, and saw him find this knife steel in a drawer at William Turner's house, 4, Garden-cottages—in the room Henry Turner slept in he found a gun cleaning-rod, and a number of other articles.
Henry Turner. Q. Did not you ask Mr. Evans to give you the things belonging to me? A. No—I asked you which was your room—you said, "This is," and the cleaning-rod was found there.
William Turner. Q. When did you search my house? A. On 11th and 12th—I took the steel on the 12th; not on the 16th.
THOMAS KEENAN (re-examined). I took Evans on 9th April, in High-street, Borough—I was in search of him before, but could not find him—I said, "Evans, I want you"—he said, "My name is not Evans; my name is Wesson; I live in Talbot-yard"—I said, "Your name is Evans, and I take you in custody for being concerned with the Turners, now in custody, in committing two burglaries. "
WILLIAM EVANS . I am a rough carpenter, of Union-road, Battersea—I received a double-barrelled gun from Henry Turner in January, with the right lock broken—he wanted me to repair it—the name of Smith was on the lock—the right-hand barrel was so worn, that if you did not mind when you were loading it, it would cut your fingers, but the left was not worn a quarter so much—it was on the Saturday fortnight after Christmas—I asked Henry where he got it, if it had come from the same place as another he had—he said, "No, that gun came from a little farm close to Ashford station"—I asked what farm; he said "A cow keeper's place"—William came in, and said that he soon whipped a pane of glass out while his brother was looking round, and got in and struck a match—late in the evening I saw Evans, but hardly had any conversation with him—the stock of the gun was walnut stained, and there were two V's which Henry pointed out to me that he had made into W's.
Henry Turner. Q. Did you mend the gun? A. I did part, and a black-smith did part—you fetched it away that night, Saturday—I have not come here for spite.
William Turner. Q. I never told you that I got in at the window. A. Yes, you did—I have not said ever since my wife ran away from my knock-ing her about, that I would get you here, or get you into a wood and shoot you—I have not been transported, or in the House of Correction nine times—I was convicted in 1839, and got seven year's transportation—I went to Chatham Docks—I suffered three years and nine months—I got a petition up—I have not been convicted since, except for an assault, biting a piece out of a man's cheek.
MR. LILLEY. Q. IS the case to which you have referred the only one in which you were convicted of dishonest practices? A. Yes—part of my sentence was remitted, because I got a petition up, and wrote a letter to my prosecutor, and told him the truth; he forwarded it, and I have got my certificate at home to show.
COURT. Q. Have you had any quarrel with any of the prisoners? A. No, but Henry threatened to spite me, and I told him to do it if he liked—
hat was because I went to one house, and he was not there—they sent me from one house to the other to find my brother, and made a fool of me—I am Evans's brother.
Henry Turner. Q. What did the row occur about? A. Because when you were coming out of Walter's door you said you would stab me—I have a witness to prove it—I do not know what rose your temper.
Henry Turner's Defence. There were two more lodgers, William Jones and the man's wife's brother; I went to Plaistow on 27th December, stopped there all the 28th, and came away on the 29th.
William Turner's Defence. Should any one of you, if you saw me to night, like to say I was the man you had seen this morning as a perfect stranger; if I had thought the steel was stolen, do you think I should not have got it put away that night? THE COURT considered that there was no evidence against
EVANS.— NOT GUILTY .
HENRY and WILLIAM TURNER— GUILTY .
MR. LILLEY conducted the Prosecution.
JERRY RINGER . I live at Ashford, and am shepherd to Mr. Freeman—on the night of 22d December, I locked up the door of the sheep house at half-past 4, and left there some leather gaiters, sheep shears, and bell straps—I missed them next morning at half-past 6, and saw them again at Wandsworth—these are them (produced)—this pig knife was there also.
THOMAS KEENAN (Policeman, V 41). I found these gaiters in a room occupied by Evans—I did not see him there, but he was represented as the landlord of the house, and Mrs. Evans pointed out the room to me—I saw a wooden box in the room, pointed out to me as Turner's—I afterwards saw that box at the Spur Inn, in the Borough, and found this knife in it—I apprehended Evans in the Borough—he was with his wife—I did not ask him, in her presence, where he lived, but I went part of the way to the station with him, and then gave him over to two constables, and went to look for his wife—I found her, and went with her to the room they occupied—I found these gaiters, these bell straps, and these shears in the room occupied by Turner.
Evans. Q. Did not you say at Han well Police-court that you found these things in Henry Turner's room, barring the knife? A. No—I am not positive whether the shears were in Henry Turner's room.
Henry Turner. Q. How do you know it? A. Because I brought my doe rabbit there to yours, and saw you in bed, and I saw you having your meals there.
WILLIAM LOVELACE (Police-inspector), I was present when the things were found—the leggings were pulled out from under a bed which was pointed out by a female as Evans's—the bell straps and shears were taken from a little square box, under the bed, in the same room.
Evans's Defence. I was not at home at the time; I was at work at
Sydenham, in the tunnel, and only came home on Sunday, that is the truth.
COURT to WILLIAM EVANS. Q. Do you know where your brother was at work on 28th December? A. No—he was never far from home when I went to see him—he had no other place to live at between Christmas-day and New Year's-day that I know of—they said that he had gone to work when I inquired—that was on the Sunday before the Turners were apprehended on the Monday—I think I was there one night between Christmas-day and New Year's-day—he was there then—I think I was there on Saturday night, and of course that was the time for a man to be at home as it was late.
THE COURT considered that there was no evidence against the
TURNERS.— NOT GUILTY .
EVANS— GUILTY of receiving . He was further charged with having been before convicted.
EDWARD KING (Surrey-constabulary, 52). I produce a certificate (Read: "Newington Quarter Sessions, September, 1856. Walter Evans, convicted of stealing a coat and two bottles of his master. Confined Six Months.")—I had him in custody—Evans is the man.
Evans. I think you make a great mistake; I never was in custody before in my life. Witness. I am quite positive of you—I knew you before—you lived within a dozen doors of me at Egham.
GUILTY.— Five Years' Penal Servitude.
There was another Indictment against the prisoners.
THIRD COURT.—Thursday, May 12th, 1864.
Before Mr. Common Sergeant.
542. FREDERICK TIPTAFF (29) , Unlawfully attempting and endea-vouring to compound a misdemeanour. Second Count, Attempting and endea-vouring to solicit, induce, and prevail upon a witness not to give evidence.
MR. METCALFE conducted the Prosecution, and MR. ORRIDGE the Defence.
MR. ORRIDGE. Q. Where was this made out? A. At the Marylebone police station, when Howard was brought in—it was afterwards taken to the police court and filled up—there are different handwritings on it—that under the head of "Decision" is the clerk's handwriting.
MR. METCALFE. Q. IS that charge sheet the original document, which is subsequently laid before the Magistrate? A. Yes (Read—"Thomas Howard, of 51, Haymarket, refreshment-house keeper, was charged for unlawfully taking Minnie Wilson out of the possession of her father, she being unmarried and under 16 years of age, in Westminster, in March, 1862."
JOHANNA FAGAN WILSON . I am called Minnie Wilson—a person called Thomas Howard was charged before the Magistrate, and I attended as a witness; not upon the first occasion. I am the person whom Howard was charged with taking away—in March, 1862 I was living with my father. I met How-ard at that time near St. Paul's Churchyard—I had been to an office to look for a situation—he ultimately induced me to go to the Haymarket, and told me that he would marry me. He said first that he knew a lady who wanted a young girl to serve in the shop—believing that, I went to the Haymarket, and I was there introduced to some lady—I stayed with Howard after that I had some cake and wine in the afternoon, and then I felt stupified and powerless, and in the morning, when I woke, I found myself in bed with Howard—my clothes were taken away—I remained with him some time
after that He afterwards charged me at the police court with robbing him—the Magistrates dismissed the charge, and directed a warrant to issue against Howard—he was taken into custody, and I was subpœnaed as a wit-ness—I was to appear on the Thursday following, and I did not. I had a summons—I have not got it now—I think it was on the 26th March—I first saw the prisoner while Howard was on remand—I first saw him on the Tuesday as Howard was remanded the Saturday before—I had never seen him before that—I saw him in Coventry Street, about three in the afternoon. He asked me if my name was Minnie Wilson—I said it was—he said, "I have come from Mr. Howard; do YOU intend appearing against him?"—I said, "Yes"—he said, "Oh I don't appear against him; you shall have as much money as you like, 50l. or 100l." and he put his hand in his pocket and pulled out some gold—I cannot say how much—I told him. again that I should appear, and he asked me if I would meet him that night about nine o'clock in the Haymarket, No. 51, where Howard lived, and I was to think whether I should appear against him—I did not go, but I saw the prisoner again the next day—he came along Coventry Street and met me—he asked me again if I intended appearing against Howard—I said, "Yes"—he said, "Let me beg of you again, with tears in my eyes, not to appear against him; you will blast his prospects for ever"—he said, if I would not, he would give me money to go down to Hereford that night, and he was sure Howard would marry me—he offered me 50l. or 100l—I was to go to Hereford to be a long way off, so that I should not go against Howard—he said Howard's, friends lived at Hereford—I knew that before—I did not agree to that—then he told me that Howard was almost dying, and that was the reason I did not appear against him on that Thursday, that was the day after the conversation—I did not appear because I believed Howard to be very ill—I saw the prisoner afterwards with Howard's friends, but I did not speak to him—he came up to me once and said I should have to give evidence against him, or something of that sort, but he would lick me—I saw him on the Thursday at Howard's place, but I had nothing to say to him then—I was going by, and was called in by a man in the shop—that was the day I ought to have appeared—I went down stain and saw the prisoner and some other gentleman, who said he had come there to take possession of the place—no conversation took place between me and the prisoner then—Sergeant Appleton came down stairs and saw the prisoner on that occasion—I appeared as a witness against Howard on the Thursday following—I don't know the day of the month.
Cross-examined. Q. When was it you heard he was dying and did not go? A. On the day before I ought to have gone up—it was the next day week, the Thursday week, that I gave evidence—it was in the street that he pulled out the money—it was about three o'clock in the afternoon that I saw him on the second occasion—he pulled out money then—I only went to Howard's house in the Haymarket once between the time he was taken into custody and my appearing against him—I am now living in Upper Char-lotte Street, Fitzroy Square, at the same place I was living when I was here before—I am pursuing the same course of life—I cannot tell exactly whether I intend to pursue it—some society prosecuted Howard for me—I don't know the name it; I think the Marquis of Townshend is the head gentle-man—nobody from the society has been to see me since—I never saw any of the society till I called upon the Marquis of Townshend one day—that was two or three days after Howard was convicted—I did not receive any-thing then—I went to ask him if he would do anything for me to get me
out of this life—he said he would see or send to me, but he did not—I don't know whether the same society is prosecuting the prisoner—Howard was convicted nearly a month back—I was not walking with any other young lady when Tiptaff met me—I always walk by myself.
GEORGE APPLETON . I am a sergeant of police—I was instructed in the case of Howard—he was taken into custody and brought before the Magis-trate—I forget the date—I think it was on the 26th—I did not take him myself—he was remanded by the Magistrate on that occasion for a week—the Magistrates make an entry of every remand on the charge sheet generally—(Mr. Orridge objected to any evidence being given from the charge sheet, and to oral evidence of a remand, and the Court took a note of the objection)—the case was remanded for a week, I think—he was first brought up on the 26th March—then he was remanded till the following Thursday, the 31st, and then again to 7th April. On 31st March, I went to Howard's house, between nine and ten in the evening, and saw the prisoner and the last witness, Wilson, in the kitchen of the house. I asked the prisoner who he was—he told me his name was Tiptaff—I told him I should take him to the station on a charge of tampering with the witness Wilson, and trying to persuade her not to appear against Howard—he said nothing then—when at the station he was asked his name and address, and the inspector on duty said to him, "I am sorry to see you here; I have cautioned you about this before; I have seen you in Howard's house"—the prisoner said, "I am very sorry; I have lost my place through it; I did it all out of kindness; the money I received from Howard was in order to get him out of trouble and arrange his affairs"—he said he was a warder at the House of Detention, and I found that to be so—he was a temporary warder there on approba-tion—I have seen him there in uniform—Howard was confined there.
Cross-examined. Q. The prisoner was taken into custody twice, was he not? A. He was—he was discharged on the occasion I have just spoken of—there was no warrant out against him then—his name and address were taken, and he was allowed to go home—that was about a week before Howard was committed for trial—the words the prisoner made use of were, "I have lost my place through it"—I am not aware that he resigned on that day; he did not say so—nothing passed between the prisoner and the girl when I went into the kitchen—I was not at that house more than that once—I did not go by it at all—when a remand takes place, it is sometimes entered on the charge-sheet by the Magistrate, and sometimes by the clerk—the charge-sheet is always signed by the Magistrate—the fect of the remand is not always entered by the Magistrate; sometimes by the clerk.
MR. METCALFE. Q. I suppose it is entered in a book also, is it not? A. Yes—the Magistrate speaks it out in open Court, "Remanded to such a day"—I subsequently obtained a warrant against the prisoner, and he was taken again, and not discharged.
COURT. Q. Had you instructions to go to this place in the Haymarket at this time? A. Yes, from the solicitor engaged in the case—not finding him at his house, I went to this house in the Haymarket.
EDWARD YEOMANS . I am door-keeper at 58, Haymarket—Philip Delfosse keeps the house—it is an hotel and night-refreshment house—the prisoner came to me on 26th March—I asked him first how he was getting on, knowing he was in charge of Howard's place—he said, "All right; I have squared the girl Minnie Wilson"—I said, "How?"—he said, "I have given her ten shillings, and have promised her more. If we can get your governor up in the morning, I think we can pull him through it"—my governor was to go up and bail him out.
Cross-examined. Q. What time in the day was this? A. Three o'clock in the morning—I am pretty well acquainted with that hour at our house—I saw Mr. Delfosse this morning at 58, Haymarket—he does not carry on Howard's business now—I think I have been with Mr. Delfosse about four months—our house is a regular Haymarket house, a night-house, no mistake about it—Mr. Delfosse was convicted of keeping a brothel, and sentenced to imprisonment—I am his servant—I keep a house in Gerrard-street, Soho—it is a lodging-house—I have young ladies there, and gentlemen too.
JOHN WILSON (Police-inspector, C). I took the charge against the prisoner—he said he had had a letter from Howard, and what he had done for him he had done out of kindness; that he was to see to his affairs, and to render an account to Howard's brother, Henry—he produced a paper—I did not read it—he held it in his hand, read it, and kept it himself.
GUILTY on the Second Count. — Confined One Month.
MESSRS. SLEIGH and ORRIDQE conducted the Prosecution.
MR. BEST appeared for Lofts; and MR. SHARPS for Russell.
THOMAS EDWARD BYRNE . I was second officer on board the ship Scawfell, bound from Japan to England—on Thursday, 21st April, I was residing at the Sailors' Home, in Wells-street; and on that day, I met the prisoner Russell on Tower-hill—I asked him the way to the shipping master's office, and he pointed me out the direction; and he said, "I am a stranger in London myself; I have been a farmer. I have sold my farm, and am going to Australia on the 30th"—he then asked me to take a glass of ale with him, and I went with him to a public-house, and had some ale—from there I went to the shipping office, leaving him at the corner of the public-house—having transacted my business at the shipping office, I came back, and found him where I had left him—I went back to the public-house again with him, and had some ale or wine; I believe it was ale—whilst we were drinking, Lofts came in—he spoke to Russell—I don't remember how he opened the conversation; but he said he had been a farmer, and had just come from the country to see London; and that he had given a man a sovereign to show him about, and he had robbed him of it—the prisoners talked together some time—I did not take notice what they said then—Lofts said he was the biggest man about his part of the country—he said, he could throw a weight of fourteen or eighteen pounds, I forget which, eighteen or twenty yards—Russell said he could not, and I said the same, I believe—he then offered to bet Russell 50l. that he would do so—they then asked me if I would go to see it done, and we all went in a cab together—after I got in the cab, I found I had a nasty headache, and seemed as if I had been drinking a great deal of spirits, which I had not done, and I could not account for it—after we had been driving about for a long while, they stopped at a beer-shop, or a public-house; where it was, I can't say—they took me to the rear of the house, where there was a skittle-alley—they then said they could not heave there, the place had been inclosed, or something like that—there was a third man there, who is at large—then skittles was proposed—I can't remember who proposed it—I refused to play—playing commenced between them, and they bet upon one another for a long while—after a time, I bet, and I lost 20l.—Lofts then proposed to play me at a game of skittles for 100l.—I said I had not enough money, but I would
draw the 100l.; I would get a bill and lay it on, or get the money from the bankers—I then went in a cab with the other man who is at large, to the Sailors' Home, in Wells street, and got a bill for 700l. out of my desk there—this was all on the Friday—I got my wages on the Friday morning I lost them—that was the 20l.; and it was after I had lost that that I went to Wells-street to get the 700l. bill—at this time, I was like a man half-drunk—I was stupid; neither drunk nor sober—I saw the principal things that went on, but I could not remember the different circumstances, or the places where I went to—when I got the 700l. bill, I took it back to Lofts—he would not take it; he said he wanted gold for gold, and notes for notes—it was payable at Robarts', who were agents for my bankers at Plymouth—the third man went with me to Robarts', but we could not get the money—Lofts then proposed that I should telegraph to my bankers at Plymouth, and all four of us went to the telegraph office together—Lofts went into the station with me, and I telegraphed to the bankers to send money to their agents to permit me to draw some money on the bill—I got an answer to that, stating, that they could not do any banking business by telegraph—then one or the other proposed that they should go down with me to Plymouth by express train that night, to draw the money—I think it was Russell proposed that—I went down to Plymouth that night with Russell, and on the Saturday morning I went to the bank, presented my bill, and got 350l. in 5l. Bank of England notes—Russell waited outside the bank—the notes were given to me in three bundles of 100l. each, and one bundle of 50l.; four parcels altogether—I only half cashed the 700l. bill—I put them in my trowsers pocket—I had 70l. in a sealed parcel in sovereigns, which I took down with me, and which I had had ever since I left Japan—I changed it out there—Russell and I then went back to Loudon—when we got to the Paddington station I saw the third man, who is not here—we went to an hotel where we found Lofts—I don't know what that place was—all four of us got into a cab to go and play this game of skittles—I had recovered from this stupefying effect—I was not drunk; it was forty-eight hours afterwards—I saw nothing wrong with them then; they behaved very properly—we went to the house where we had been before, and the landlord said the alley was engaged, and we could not play there—they then proposed betting, which I refused—at last we went to different places to look for an alley, and at each place they wanted me to play at pitch and toss, or bet, which I refused to do on all occasions—we then went to the "Prince Albert," Old Ford, which is near the police-station—they said they could get a skittle-alley there—after some time they proposed betting again, and a bottle of sherry was called for—I went out to see the landlord to show me the skittle-ground—I did not drink anything before I went out—when I came back I sat down again, and Lofts offered me a glass of sherry, which I drank part of—they were playing pitch and toss, and betting, and they wanted me to do so—I refused for a long while; ultimately I did bet—I can't remember what it was, but I know it was nothing over 5l.—I lost it, and in the play I saw that Lofts was cheating, and I made the remark that he was cheating—Lofts then said, I will give you the first toss for 100l."—I then put one of the four parcels of notes on the table (the remainder were in my pocket at the time), and he put this bag (produced) and said, "There is my hundred pounds"—the contents were not opened out—we tossed, and I won—I was going to take the bag when Lofts said, "Oh, no; I have two more chances for it"—directly I found him cheating again I immediately put my hand into my pocket, and found the remainder of the notes were all gone—
I then said, "You have robbed me, I will call the police"—Lofts then grabbed up his beg and my 100l. with one band, and knocked my wine-glass off the table with the other, and the other two men jumped out of the window—I collared Lofts by the throat; we had a very heavy struggle together, and I ultimately got him under me, and I sang out for the police; a fourth man then came in—I asked him to assist me, and he came over and pulled me off Lofts, and they both escaped out of the window together—looked on the ground directly, and saw my purse, which I had dropped in the struggle, with a 5l. note and some other money in it, and some papers—I then rushed to the door and can after them, singing out that I had been robbed—they got out of the window into a yard, and then over a gate eight feet high at the very lowest—I came out at the door——I next saw them at the police-station—directly after I reached there I saw them searched, and these parcels of notes were produced; they are the same as I received from my bankers at Plymouth—they were not tied up then; they were in parcels—there is 350l. here now—I felt the other notes safe at the moment—I took the 100l. out of my pocket to stake against Lofts 100l.
Cross-examined by MR. BEST. Q. You have been abroad some time, have you not? A. This last time, two years—I had been abroad before that—I have been in the Navy—I tarn an Englishman; I was born in Devonshire—I have not lived here much—I have been continually in the Navy for sixteen years—I have been to Japan for some time—I was there part of the time that I was in the Navy—I was chief of the naval police on board H. M. S. Euryalus—I never played on board ship or on land—I am not at all fond of it—I don't remember having gambled at all—I might have played at billiards and that, for small amounts, nothing in the skittle line—I never saw a skittle-ground abroad—I don't remember ever playing at skittles—I have played at American bowls a broad——I am set a good hand at that—I spoke to Russell first—I had never seen Lofts before—we did not play at the first public-house—we drank either two glasses of ale or one of ale and one of sherry; it was not more—I believe it was ale en both occasions—we stayed there ten or fifteen minutes—I thought these men behaved very well—I saw nothing wrong with them, and I thought the extraordinary effect the liquor had upon me might he owing to the change of climate—I went somewhere with Lofts to sleep that night; I can't say where it was—I was never in London before—I was not drunk—I was all right the next day when I got up—I went about with these men to different places that day, and went down with the third man to the shipping master's office to see about paying the men off, and getting a balance of wages due to me—I had coffee for breakfast—I believe I had a glass of sherry or half a glass, at different times that day, but no more—I declined to bet—they told me I should be sure to win.; but it is a sort of thing I never did—I did not care about doing it at that time—I did not bet at all the first day—we went to different places; at some I drank, and at some I did not—I objected to Lofts paying for drink on several occasions—I did not want to get the 20l. back again particularly; I believed they had won it fairly, and I did not wish to get it back, and thought no more of it at that time—I did not tell them I had 70l. in my pocket at the time we were going to play for the 100l.—100l. was the bet, and I said I had not got it—I was challenged for it, and accepted it—they advised me to go down to Plymouth—I paid the passage down and up; we took return ticket—I did
not object to Russell going with me, because before we went they proposed a stake should be made as a security that I should come back, and I left some jewellery and money, and Russell loft that bag of 100l.; the contents of the bag were counted by the landlord of the public-house, and he said there was one more than 100l., and he gave the one back to Lofts—when we tossed for the 100l. Lofts said, "I will give you the first toss for 100l.," and I won the first toss, and said, "I have won it,"—to the best of my recollection those were the words used—we were then in the room behind the bar—Lofts was sitting at the same table, opposite to me, within arm's length; it was a small narrow table, a common taproom table—I consider, by the headache I bad, and the state I was in, that it could not have happened from the drink I had had—my head was aching very heavily at that time, but I was in such a state as to know what was going on—I could distinctly see and understand what was doing, I had my senses about me—this public-house was not a great distance from the police-station.
Cross-examined by MR. SHARPE. Q. On the first occasion, when you said you saw Russell, was it not a glass of wine you had and not a glass of ale? A. No, it was ale the first time; to the best of my belief I did not say it was wine before the Magistrate—I thought the 20l. was fairly lost and won—I was not aware at that time that their money was spurious—we got to Ply-mouth at a little after 12 on the Saturday morning, and went to the bank at 9 or 10—I am not sure we arrived back in London at 6 in the afternoon—Russell was with me most of the time—he came up in the same carriage with me—he got out of the train once or twice, but he was in my com-pany—the first toss was with a halfpenny for 100l.—I had lost some 5l. notes before that, and paid them—of course I did not expect to see them again, unless I won them back—Lofts did not say, "I will give you the best out of three"—they had not been tossing in that way—there were some pipe stems on the table, and they tossed three out of five, or some-thing like that—it was not the first toss—I did not count the notes before I pat them down, because I knew they were in the same package that I had them from the bank—the instant the toss was over I pointed my finger to the halfpenny, and said, "I have won"—he said, "I have two more chances, "and I then put my hand in my pocket, and said, You have robbed me," or" I have been robbed," and then called out for police; and then it was they all levanted—it was when 1 was struggling with Lofts, that the fourth man came in, and in the struggle the 70l. in gold, which I had, was dropped, and also some papers and my purse—the fourth man got out at the window with Lofts—the fourth man was not the landlord—he stopped at the bar—I told him what had happened as I went out, but he did not take any notice; he must have heard this; he did not see it—I had nothing to do with him.
WILLIAM HUMMERTON . I am a porter, living at 27, Patriot-row, Bethnal-green—on Saturday, 23d April, about a quarter to 9, I was at the corner of Robinson's-row, a little further on than the" Prince Albert," the same side of the way, and saw the prisoners running without hats or caps; just after that I saw the prosecutor, and from what he said to me I ran in pursuit of the prisoners—when we got to the top of Robinson's-row we could not see them—I stood at the top of the road, talking to a man who keeps a shop there—the prosecutor left me in the interval, and as I was going home I met the prisoners about two hundred yards from where I live, in the Cambridge-road, rather more than a quarter of a mile from Robinson's-row—they were then in the same state, without their hats and caps, walking
—I looked at them, and one of them asked me if I knew him—I made no reply, but turned my back to them, intending to watch them—they turned up a little turning; called Paradise-row, which leads into Bethnal-green-road, and I ran along the Cambridge-road side, so that they could not see me, and made my way into Bethnal-green-road—I saw them coming np Palestine-place, and made my way to the station-house—I saw a constable on the steps, told him they were coming, and pointed them out—they were then taken into custody. Cross-examined by MR. SHARPE. Q. I think you saw them three times altogether? A. Yes, three times—they were without their hats each time—there were only these two.
JOHN PUTT (Policeman, K 197) On this Saturday night in question, I took Russell into custody in the Bethnal Green-road—I told him the charge, and he said, "I was a bfool to run into your hands; it serves me right, whatever I get"—I called my brother constable across the road and he took Lofts at the same time—I saw the two together, bat I thought I was not qualified to take two.
JOHN DRIERSON (Police-inspector, K). I was at the station on Saturday night, 23d April, when the two prisoners were brought in custody—I saw them searched—on Lofts wss found sixty-eight 5l. Bank of England notes one 10l. Bank of England note, three flash notes, one is" Bank of Engraved, "one is" Bank of Huddersfield," and the other" Grand Saltan Divan"—there was a bag containing 114 medals, imitating sovereigns, a pocket-book, and a telegram from Plymouth. (This was dated 23d April, 1860, forwarded from Plymouth to Shoreditch station, and contained the words, "We are coming by the express to Paddington.")—there was also on Lofts a metal watch, and eye glass, a knife, a key, a duplicate, a pin, and 4s. 111/2d.—on Russell was found two sovereigns, four half-crowns, nine of these medals, imitating sovereigns, of the same description as those in the bag, also six imitation cheques for the Royal Vauxhall Casino" Admit Lord Dundreary, Brother Sam, bearer or any other man, "on them; also some cards, a pocket-book, some playing cards, a watch and seal, and some other trifling articles—on the following morning they were searched again, and two sovereigns and a half-sovereign were found secreted in Russell's sleeve—on the Saturday night, Lofts said to me and the prosecutor," By my God there was no gold; those notes are all we had"—that packet of Bank of England notes were then on a shelf in front of him, and he pointed to them with his hand—on the Monday morning, when Russell was re-searched, he said, "He is a blucky fellow"—I understood him to mean the prosecutor—I said, "He has lost 70l."—he said, "No, no; nothing of the sort, "he saw that bag of ours, and be thought that contained gold"—I said, "Well, but he went to the bank and drew a lot of money; he did not draw it all in notes"—he said, "Yes, he did; 1 went with him; he drew 350l, all in notes. "
Cross-examined by MR. BEST. Q. The prosecutor was sober, I believe, was he not? A. Yes.
Cross-examined by MR. SHARPE. Q. He gave a very clear account of the whole matter, I suppose? A. Be gave a clear account of it—I found after-wards that the money was all in notes—I believe the cards are ordinary playing cards—I never saw these medals sold on race courses.
The prisoner's statement before the Magistrate, Lofts says:—"By God, he lost bis money by gambling. "Russell says, "What Lofts says is true.".
GUILTY .— JOHN HORNBLOW , B 24, stated that he had had Lofts in custody twice for a like offence to the present, and that the prisoners were what were called magsmen about town, getting their living by gambling and skittle-sharp-ing; other officers also deposed to their being known as sharpers. Seven Years' each in Penal Servitude.
1Before Mr. Justice Williams.
MR. HORRY conducted the Prosecution. ABEL HAMILTON. I am a pavior, and live at 1, Poplar-street, Plaistow, in the house of William Anderson—the prisoner lodged in the same room—we occupied separate beds—on Saturday evening, 14th April, I went to bed about 11 o'clock—I put my coat and waistcoat on the bed—I saw the prisoner come in about an hour and a quarter or an hour and a half after-wards—he sat down on his bedside, picked up my coat, and searched it—there was nothing in it—he then picked up my waistcoat, and searched that, and took threepence out—I got out of bed and went to him, and asked what he wanted with my clothes and taking my money—he said there was not so much in to take—I took hold of him and he of me, and we began fighting—as we were fighting he ran down stairs—I followed him into the street—I then came back, and went up stairs to put my trousers on—I then came down again—I saw Mrs. Anderson in the passage, and while I was talking to her the prisoner came in at the door—he rushed at me—I thought he was striking at me, and I stepped back from him, and he stabbed me in the left thigh—I did not see what he stabbed me with; it was darkish—he went out at the door—I found I was bleeding, and sat down—the landlady brought a policeman and the surgeon—I gave the prisoner in charge—I beard him tell the policeman that he wished he had done for me, or killed me, or something of the sort—that was when the doctor was sewing the wound up.
ANN ANDERSON . I am the wife of William Anderson, of 1, Poplar-street, Plaistow—the prisoner and prosecutor lodged at my house—on Saturday night, 14th April, between 12 and 1 o'clock, I heard a noise, and came into the passage—I saw the prisoner come down and go out at the front door—the prosecutor came down after him, without his trousers—he went back, and came down again with his trousers on—in about a quarter of an hour the prisoner came in from the street, with a knife in his hand, like this (produced)—it was open—he ran at the prosecutor, and stabbed him in the thigh, and went out again—I saw the blood run out of the leg of the prosecutor's trousers—I sent for a surgeon and the policeman, and the prisoner was given in charge—the policeman said he was going to take him, and he said he did not care; he hoped he had done for him.
COURT. Q. Did he stab him once or more? A. Only once—I don't know why he did not repeat the blow; there was no reason that I saw—he appeared a little under the influence of liquor, but nothing to speak of.
ROBERT HARRIS (Policeman, K 377). About 1 o'clock, on the Sunday morning, I was called to 1, Poplar-street—I found the prisoner standing outside the door—I asked him to come indoors—he went in with me—I saw the prosecutor sitting on a chair—he had a wound in his left thigh—
his trousers were down, and he had a shawl wrapped round it to step the bleeding—it was bleeding very much—a surgeon was sent for, and he came and dressed it—I took the prisoner into custody, and told him he was charged with cutting Hamilton in the thigh—he said, "I am only b——sorry I have not finished the boff"—I said, "Be careful what you say, it will be taken down, and given in evidence"—he said he would tell the Magistrate the same—I asked if he had a knife about him—he said, "Yes"—he took this knife from his pocket, and said, "That is what I done it with"—there is blood on the knife—he said he would murder his own father if he accused him of robbing him—he said he hoped they would hang him—he had been drinking, but was not drunk—he knew perfectly well what he was about; he was calm and collected.
THOMAS VANCE . I am a pupil of Dr. Morris, of Plaistow—I was called to the prosecutor—he was suffering from a severe incised wound on the left thigh—it was from two and a half to three inches long, and about an inch or an inch and a half deep—I put two stitches in the wound and stopped it—the prisoner was in the room at the time—he Said he wished he had done for the b——he appeared to be under the influence of liquor, but he knew very well what he was doing.
The prisoner's statement before the Magistrate:—"I should not have done it if he had not torn my trousers. "
Prisoner's Define. Hamilton tore my trousers, and I was obliged to have a piece from the governor of the prison, when I came here, to mend them with.
GUILTY of unlawfully wounding .— Confined Eighteen Months.
Before Robert Malcolm Kerr, Esq.
MR. DALEY conducted the Prosecution.
JAMES COWLES . I reside at Greenwich, and am carman to Thomas Abraham, a greengrocer there—on 22d April, between 8 and 9 in the evening, I was at Mr. Young's, High-street, Woolwich, with a van belonging to Mr. Abraham—there was a whip in the van—I turned the van round, and missed the whip directly—I saw the prisoner standing close by the van, before I missed it, and when I had finished turning the van round I missed him, and saw him going down the street—I followed, and came up to him in High-street—he had the whip standing in front of him, trying to conceal it—I took it from him—he said he had picked it up in Hare-street—I had not been in Hare-street—I then gave him into custody—the whip was underneath his coat.
Prisoner. I picked the whip up; I was not at the end of High-street that night.
GEORGE SALTER (Policeman, R 189). The prisoner was given into my custody by the last witness for stealing his whip—the prisoner Said he had picked it up in Hare-street—Hare-street is about 200 yards from where the van was standing—the prisoner was trying to get away from the prosecutor when I came up—the prosecutor had hold of him.
Prisoner. I was not trying to get away; I wanted the prosecutor to come up for me to show him where I picked the whip up.
The prisoner's statement before the Magistrate: "I did not steal the whip; I pickel it up. "
Prisoner's Defence. I was never locked up before in my life; I am innocent.
NOT GUILTY .
MESSRS. COOPER and LAWRENCE conducted the prosecution, and, MR. ORRIDGE the Defence.
SOPHIA TRAVIS . I am the wife of James Travis, and keep a hatter's shop at 24, Greenwich-road—on Saturday right, 9th April, about 11 o'clock the prisoner came to my shop, with a young man and a woman—they came in as a party, and the prisoner asked for a felt hat—he looked at several and tried them on, and then the young man said, "That would fit your brother Harry," and the woman said, "Have a good one, and don't stand for a sixpence"? they then pointed to one in the window, and pretended they wanted that one—I came to the window to get it—it is a small glass door which opens—when I put my head and arms through to reach the hat they were all three close to my right side—I took the hat out that they selected, and when it was tried on, they did not know what excuse to make to get out of the shop—I was quite sure that something was wrong, and I directly felt in my pocket, and my purse was gone—I said, "If the hat does not suit you I will change it in the morning"?I was standing by them, and I saw they were trying to get out of the shop—I had my purse safe not two minutes before they came into the shop—there was about 22s. in silver, in it, or a little more—I called to my sister, and said, "My purse is gone," and then I turned to the prisoner, and the one who was with him, and said, "You have stolen my purse, and you shall not leave this place," and I stood before the door to prevent their going out—the other man then pushed me by the shoulder, and they all three got out—a great number of people followed them from the street—I saw the pursuit, and saw the prisoner brought back to my shop—I told him he had robbed me, and he said he had not got it about him—no one had been in the shop between the time I saw my purse safe, and when these persons came in—they were all sober.
Cross-examined. Q. He said at once that he had not taken your purse? A. He said at once that they might examine him—the prisoner stood next to me, and the other man and the woman close behind me—they all tried to get out—I don't know which ran away first—I had never seen them before—my shop is lighted with gas.
THOMAS BOLTON . I live at Camomile-street, Greenwich—on Saturday, 9th April, about 11 o'clock, I was passing Mrs. Travis's shop—after I had passed I heard some one say, "I have lost my purse; they have got my purse," and after that I saw the prisoner running away, and another man in front of him—I pursued both, and called out—two young men stopped the prisoner; I did not lose sight of him—he said when he was stopped, "What do you stop me for?"?the young men said, "What are you running for?"? he said, "I am running after the other man"?he was taken back to Mrs. Travis's shop, and given in charge.
Cross-examined. Q. The other man was running first, was he not? A. Yes; a little in advance—I saw the prisoner and the other one come out of the shop—I did not see the woman.
JOHN QUINN (Policeman, R 296). On Saturday night, 9th April, about 11 o'clock I was called to Mrs. Travis's shop, and saw the prisoner there with the last witness; he said to the men who stopped him, "Why not stop anybody else as well as me?"?he was given into my custody on a charge of
stealing a purse from Mrs. Travis—he was taken to the station-house, searched, and 4d, found upon him; he refused his name and address.
PLEADED GUILTY.— Six Years' Penal Servitude.
MR. DALEY Conducted the Prosecution and MR. LAWRENCE the Defence.
THOMAS WATERER . I keep the Norwich Arms beer-shop, 1, Church-street, Greenwich—on 23d. April, the prisoner was standing in front of my, dressed as a marine—he said he had no money, and a man paid for some bread and cheese for him—while he was standing at the bar, I put two half-sovereigns and twenty-nine shillings in a vase on the mantel-piece in the bar-parlour, which is behind the counter—you can see into one part of the bar-parlour—the prisoner went backwards, as I thought, to go to the back place; but he was not gone a minute before he came back, and I saw him have the house suddenly—about two or three minutes after he was gone, I missed the money—I had not seen any one go into the bar-parlour—I went after the prisoner, and gave him in charge.
Cross-examined. Q. From where you stood at the bar, could you see into the bar-parlour? A. No; I believe the prisoner had been into my house once or twice before—I believe he is a marine; a good many marines come in there at times—no one came into the bar between the time the man went to the back, and when he went out—they might have gone into the parlour without my seeing—I can swear that no one passed the bar where I stood to go backwards from the time I put the money there till it was gone—I was standing at the end of the passage.
MR. DALEY. Q. Could any person get into the bar-parlour without your seeing them go in? A. I don't think, they could—there is a door leading from the passage into the bar-parlour, they could get in that way without my seeing them.
COURT. Q. Supposing some one had stooped down and gone in, could you Have seen them? A. No, I could not then.
EDWARD WELLMAN . I am potman and waiter to the prosecutor—on this Saturday, in consequence of something my master said to me, I went after the prisoner, and found him in a house at the back of the Beehive, between 5 and 6 o'clock drinking hot rum and water—there were three more marines with him, and three females—I spoke to the landlord, and he called the prisoner out, and said, "You shan't be taken in my house; go into the tap-room of the Beehive, and be taken there"?he did not go into the Beehive; he walked down the street? I overtook him, and said, "Don't go any further that way; you know what you have done, but if you give back the money, I will guarantee that you shall not be locked up"?he said, "All right, Ted." (MR. LAWRENCE objected to this evidence being given, upon the ground that an inducement was held out by the potman, whom the prisoner might fairly believe had his master's authority to forgive him. MR. DALEY referred to the once of Sarah Taylor in 6th Carrington and Payne, where the question was whether the inducement held out to the accused was calculated to make his statement an untrue one. THE COURT considered that the prisoner might reasonably suppose that the witness had his master's sanction and authority to forgive him, and therefore the evidence could not be received)?I sent a boy for my master? I
took the prisoner to the Ironfounder's Arms, and he tried to get away from me—he got on to the top of a wall in the hack yard.
Cross-examined. Q. When did you first say anything abont that? A. It was when I was sending the boy after ray master; the prisoner was sober at this time—he left the bar, and went through to the back yard—I missed him as I turned round—I asked where the marine was, and the potboy said, "Here he is, coming over the wall"—I have said that before.
WILLIAM MYSON (Policeman, R 238). I took the prisoner into custody on this Saturday night at quarter to 12—he was the worse for liquor; he was dressed in plain clothes as he is now—he gave his uniform to a boy who is a witness here; the boy took me to where the clothes were—I searched the prisoner at the station, and found 18s. 4d. on him; one half-sovereign, 8s. in silver, and 4d. in copper.
NOT GUILTY .
MR. COOPER conducted the Prosecution. MARGARET AHERN. I live at 2, Barnard's-alley, Deptford—on Friday afternoon, 17th April, between 5 and 6 o'clock, I was alone in Mrs. Brian's kitchen—I live up stairs in the same house; I had 5s. 6d. in silver, which I put on the window-ledge—about five or six minutes afterwards the prisoner came into the kitchen, and sat down at the side of where the money was on a stool—she did not belong to the house; she was a lodger opposite—after she had gone I missed my money; no one else had the chance of taking it but her—Mrs. Brian came in, and went to the back, but she did not go near the money—I went in search of the prisoner directly—I met her, and she smelt strongly of rum—I told her to give me the money she had taken from me—she said", "Give you your money"—I said, "Yes"—she said, "'Can you prove I took the money?"—I said, "Yes, I can), or else I should not accuse you of it"—she said, "If you wait till 7 o'clock, I will give it you"—I said, "Can't you give it me now?"—she said, "Wait till 7 o'clock, and I will see about it"—this was in the street; she then went up stairs to her own place, and put her bonnet and shawl on, aud then came into the kitchen, and began abusing me, till my husband came down, and told her to go.
MARGARET BRIAN . I am the wife of Thomas Brian, and am the landlady of 2, Barnard's-alley, where Mrs. Ahern lodges—I went into the kitchen about half-past 5 o'clock—the prisoner was sitting by the side of the window, and Mrs. Ahern was sitting by my fire—I saw the prisoner go out, and Mrs. Ahern said something to me—I saw her go to the window, and look—I could see nothing on the window—I know nothing about it.
Prisoner's Defence. I was in the habit of going to Mrs. Brian's place, and smoking a pipe. I was sitting down by the fire, and Mrs. Brian came in, and sat down, and had a pipe too.
COURT to MRS. BRIAN. Do you smoke a pipe, Mrs. Brian? A. Yes.
NOT GUILTY .
The following prisoners PLEADED GUILTY:—
549. ALFRED CLEVELAND (24) , to embezzling and stealing 14s. 10d. of Lancelot Croome, his master. [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecutor.— Confined Three Months.
Before Mr. Recorder.
EMILY MARIA MOORE . I am the daughter of James Walker Moore, who keeps the Lord Derby public-house at Plumstead—on 29th April, between 1 and 2 in the day, I was in a room adjoining the bar—I heard a noise in the bar, and went in; I found Geary there standing opposite the till—he asked me for a pipe—I gave him one—I then looked into the till, and found that it had been emptied—previous to that there had been some silver in it—my mother had been last at the till—I told Geary he had taken the money, and I called my mother—he ran out of the bar into the street, and my mother and I after him, shouting, "Stop thief!"—when he had got a little distance, my mother got hold of him—he dragged her on the ground—my uncle brought Geary back, and another man ran after the other prisoner.
Geary. Q. Did you see me do anything to the till? A. No; while we were in the bar a person was served, and went out directly.
VINCENT BEAUMONT . I am a wheeler in the carriage department of the Royal Arsenal at Woolwich—a little before 2 on the afternoon in question, I was coming past the Lord Derby, and saw Geary come out, and Klotz standing between the window and the door, with his back to the wall—I saw Geary hand something to Klotz, and Klotz placed his hand in his trousers-pocket—I distinctly heard money chink; I did not see it—Geary walked down towards the village—the landlady came out, and got hold of him—I can't say whether he knocked her on the ground, but I saw her on the ground—Geary was stopped, and I made a communication to the landlady about Klotz—he was then some distance off; he ran, and I ran after him—he got over a fence six or seven feet high—I got over after him—I called to a Mr. Roberts to come after me, and he did, and a Mr. Opperton, who was passing. on horseback, gallopped after him; and when he found he could not get away, he stopped, and was brought back.
MARY ELIZABETH THORNLEY . I am the wife of Mr. Thornley, who lives a short distance from this public-house—a little before 2 this afternoon, I was looking out of my window, and saw Klotz getting over the fence—he ran, and then stopped, and put his hand to the ground—some men were calling out and running after him—when he was taken into custody, I told the witness Stapley, as near as I could, where Klotz had stooped down, and I saw him go and pick something up just at that spot.
ALFRED STAPLEY . I am a carpenter, residing near the Lord Derby—I was in my house a little before 2 on this day—I saw some persons running after the prisoner—I followed—after they had been taken, Mrs. Thornley made a communication to me, and showed me a particular spot—I went there, and found 7s. 6d in silver, which I gave to the policeman.
EMMA MOORE . I am the wife of John Moore, who keeps the Lord Derby public-house—on 29th April, about quarter-past 2, I was sitting at dinner with my daughter—she heard something in the bar and went in—I had left about 16s. in the till, as near as I can guess—I had seen it there not a minute before my daughter went into the bar—no customer had come in in the meantime—I ran after Geary, and I think I fell.
JOSEPH Moss (Policeman, R 151). I was called to take the prisoners into custody—I searched them, and found on Klotz 3s. in silver and 11d. in copper, and on Geary 4s. in silver, and 23/4d. in copper—I told them the charge—Klotz said he was not guilty, the money he had was his own—Geary said he had not done it.
Geary's Defence. How do you know but somebody else might have been in the shop and taken the money before I entered it?
Klotz's Defence. I was standing outside the public-house with 5d. worth of coppers in my hand, and this man ran against me. I hurried off to get to London as quick as possible. A gentleman on horseback gallopped after me, and told me to stop, and I did so. I know nothing at all about the case.
GUILTY.— Judgment respited (for inquiry as to character).
MR. O'CONNELL conducted the Prosecution.
MARTHA PAYNE . I keep a public-house, 88, High-street, Woolwich—on Thursday night, 21st April, the prisoners came, with two other men and a woman—Baker called for some beer—I served him—it came to 4d.; he gave me 1s.—I put it in the till, and gave him 8d. change—there were two other shillings there—they took the beer into the tap-room and drank it there—a few minutes afterwards Johnson called for a pint of beer, and gave me half-a-crown—I thought it looked bad, put it in the tester, and bent it—I said, "This is a bad half-crown"—he said, "Is it? give it to me back"—I said, "No"—he said, "I have no more money," but afterwards he found a fourpenny-piece, which he paid me, and went into the room again—I then looked in the till and found this bad shilling; I could tell it from the other two which were there, as they were very much worn—I called a policeman, and gave the prisoners in custody, with the half-crown and shilling.
JOHN BURTON . I am potman to Mrs. Payne—I saw the prisoners there on Thursday, 21st April, with two men and a female—I was in the tap-room when the policeman was sent for—the female then went into the buckyard and remained there while the policeman took the prisoners in custody—that was between half-past 11 and 12 o'clock—next morning I went into the back yard and found two half-crowns in the water-closet, with some paper over them—I gave them to Mrs. Payne, and she gave them to the constable.
JAMES TUNGAY (Policeman, R 91). I took the prisoners—I searched them at the station, and found on Baker three sixpences and a halfpenny, and on Johnson 9d. in copper, in a tin box—I received a half-crown and a shilling from Mrs. Payne that night, and two half-crowns next morning.
GUILTY .— Confined Twelve Months each.
EDWARDS and JOHNSON PLEADED GUILTY .— Confined Twelve Months.
MR. WILLIAMS conducted the Prosecution.
GEORGE SHAW . I am nine years old, and live at Margaret's-place, Blackheath—on Friday afternoon, 29th April, between 3 and 4 o'clock, I was with my mamma, going into Greenwich-park—I had this bag (produced) in my hand—my mamma was a little distance before me—I saw the prisoners following me; Edwards snatched the bag out of my hand, and they all three ran away—I ran after them; they went over the pits towards the church—seven or eight people ran after them—I lost sight of them just as they turned the corner, but when I got round the corner I saw them again—I am sure Smith, the middle one, was one of the three—I saw the policeman take them in custody.
24th April I was going with him into Greenwich-park, between 3 and 4 o'clock—he was carrying my bag; there was only a small pencil-case in it—he was opening the gate for an invalid gentleman, and I walked on, a step or two—my boy told me something, and I saw the three prisoners running—I did not see their faces; I speak from their general appearance—I should say that Smith was one of them—I followed, and found the prisoners in custody.
Smith. I own that I was with the prisoners, but I knew nothing about what they were going to do.
JOSEPH MORRISON . I am a gardener—I was standing at the stables near the Westmoreland-public-house, and saw the prisoners coming from Woolwich on a brewer's dray—about twenty minuted afterwards I saw them runing in the direction of the church, and then I saw them come back the same way afterwards—after that Mrs. Shaw came up to me, and in conesquence of what she said I ran after them—Pinegar stopped them as I got up, and we kept them till a policeman came.
HENRY HIPPERTON (Policeman, R 241). In consequence of information I went in pursuit of the prisoners, and saw them in Mulberry-lane—I took them in custody, and received the bag from Pinegar—it was taken from a party whom Johnson passed it to.
Smiths Defence. It may teem strange to you that I ran when I was innocent. I will toil you why. I went with Edwards to see the soldiers exercise, and we went to the canteen and had some ale. We then went to Greenwich-park with Johnson. I saw Johnson and Edwards running; I got up to them and asked them what they were running for. They would not tell me, but said, "Come on. "A shoemaker stopped them, and he knows that I told them to stop, and if they had done anything wrong to bear it.
SMITH called JOHN WHITTLE. I assisted in stopping the prisoners—when I came up to them Smith told the others to stop, they wished to run on again; but Smith persuaded them to stop—he stopped first—I did not hear him say, "We may as well all be lagged together.
SMITH.— NOT GUILTY .
Before Mr. Justice Williams,
MR. RIBTON conducted the Prosecution, MR. WOOD the Defence,
THOMAS JONES . I keep the "Ship" public-house, Walcot-place, Kennington—the prisoner was in my service in November last, as potman—he remained about two months and was discharged by me—on 8th April, about twenty-five minutes past 12 o'clock at night, I was down in my cellar—as I
was coming up the kitchen stairs I met somebody on the top step, it proved to be the prisoner—the moment I put my foot on the top step he struck me with a life preserver; I could not see him, I had no light—he struck me four times with the life preserver on the top of the stairs, on the right eye, the left temple, and the side of the head—he then walked into the bar, I followed him, and saw him standing there—he immediately attacked me again—I closed with him, and took the life preserver away from him in the struggle—he immediately closed upon me by the throat, and tried to choke me—he put his hands just under my chin to choke me; he made the best endeavours to do so—I then threw him over; we both fell together—he got up first and kicked me twice on the head—he then picked up a small five-gallon cask that stood there and threw it on my head; the cask was broken by the fall on my head—I got up and closed with him again, and I threw or pushed him down the kitchen stairs, and I went down too into the kitchen—he got up and ran up the stairs, and I, from loss of blood, and being stupefied with the blows, got lost in the kitchen for some minutes—there was no light there, and I was confused, and could not find the way up again for some minutes—whilst the prisoner and I were struggling in the bar my wife came down—the police came some time afterwards; my wife called them; I had then come up into the bar—I found my wife there, and the policeman standing at the door—I did not see the prisoner found.
Cross-examined. Q. You could not see who the prisoner was at first? A. No; it was dark on the staircase where he attacked me—I know there was nobody in any of the rooms when the house was closed, for I went in and examined them, I always do—the gas was turned off, and the shutters up—I took a candle with me, and looked under the seats—there is a clubroom up stairs; there are tables and chairs in that room, and an old chair from the Speaker's, House of Commons—that room was not used on the night in question—I did not look in that room—I closed the back door at 12 o'clock—I did not go down into the cellar till about twenty-five minutes past 12; in the meantime I was collecting the money together, and standing about; the customers had not all gone out; there were two gentlemen there, I believe, till a quarter past—when I came up from the cellar I left the candle below, hearing somebody coming downstairs, and I unlocked the cellar door and went up, and the man attacked me on the top of the staircase in the darkness—I did not see him come in that night—I know his brother—I saw him the next morning after this affair, that was the first time that I had seen him to my knowledge—I do not know that the prisoner and his brother had been to the house on several Saturday nights previous; not at the bar—I had only seen the prisoner there once since he left my service—he did not leave my service on bad terms; I had no words with him—he did not leave because he would not fetch a bonnet for my wife, he left because I did not like him, he was a glumpy disagreeable man; be would not answer if he was called—I don't know that he had been suffering from a rupture; I believe he told me so—there was a window open at the back of the house, that was thirteen feet six inches high; there was nothing to climb up by; he could not have got up without a ladder—I never authorized any one to go to the "Clarence hotel" and ask them to give the prisoner a bad character—the prisoner's mother called on me soon after this—I did not say to her "Go out of my house, for I hate the breath coming out of the body of any one belonging to you; he is a vagabond, and if I can give him forty years I will," I ordered her out because I was suffering very much from my head—the prisoner hit me about the head with
the cask—I will swear I did not fall against it—it left a bruise on the top of my head.
MR. RIBTON. Q. Were you suffering from your head for a long time? A. For about a fortnight.
MARY ANN JONES . I am the prosecutor's wife—on the night in question I went to bed about 12—I had been in bed about a quarter of an hour when I was disturbed by a noise—I went downstairs and saw a man struggling with my husband—I ran upstairs again, and called the potman, and then rushed down again as soon as I could—they were still struggling together—I tried to get to the bar door to unfasten it, and while doing so, I saw the man in the act of striking my husband with the cask—my husband was down at the time—I got the door open, and called out for assistance, and for the police—it was three or four minutes before I could get one—when I looked in again the bar was empty—presently I saw the man come up the cellar stairs, and go up the front stairs—he had no shoes on, he made no noise whatever—according to my impression he had dark clothes on, and a light cap on his head—the police and other persons came in, and I saw them go upstairs after him; they searched the rooms but could not find him—they afterwards went up again and found him, and brought him down—I did not know him until he was about to be taken out of the house—when one of the gentlemen took his cap off, my husband reognised him first, and then I knew him as a man who had been in our service.
Cross-examined. Q. He had on a sailor's blue Guernsey, I think? A. Yes—I am not aware that he has a brother, a sailor, who was at home at that time—when they went upstairs to look after him they found the window open—I did not go with them—I judge that the prisoner had no shoes on, because he walked lightly—I believe he had shoes on when he went out.
CHARLES RILEY (Policeman, L 68). On this night I was in the Kennington-road—I went to the "Ship," in consequence of the cries I heard—I saw Mr. Jones standing in the bar, covered with blood—he told me that some man had been knocking him about with a life preserver—I got assistance, and went with Gosling, another constable, upstairs—I was present in the club-room when he found the prisoner under the table—he had a sailor's Guernsey on, a light cap drawn over his eyes, and a handkerchief round his chin—I took him down into the bar, and a gentleman standing there said, "Let us have a look at him so that we may know him again"—he took his cap off, and Mr. Jones said, "Why it is one of my potmen"—the prisoner never spoke—I took him to the station—the inspector told him he was charged with assaulting Mr. Jones with a life preserver, to do him grievous bodily harm, and also for being found concealed in the house at night for the purpose of committing a felony—he said, "It is no use denying it, I shall say no more"—he was perfectly sober.
Q. Did not he seem stupid? A. Not at all—I told the inspector what the case was, and he stated the charge to the prisoner.
GEORGE GOSLING (Policeman, L 41). I assisted Riley in searching the house—I found the bedroom window on the first-floor open, and a washstand or table set on one side, also some flower-pots—the window is about twelve feet from the ground—I found the prisoner in the club-room under a table—we had searched that room more than once—on the first occasion I did not find him there, and looked under the table very minutely—there was an interval of about half an hour between the first and second search—he was then under the centre of the table, partly covered up by the carpet
—he was taken to the station, the charge was read over to him, and he said he was guilty of the assault, but of the other he was not.
JOHN WADHAM ROBINSON , M. D. I am a surgeon of Kennington-road—I was called to Mr. Jones, and found him bleeding rather profusely from a wound on the right eye brow, and another on the left temple—there were other wounds which did not require attention—he seemed to suffer much—he complained of his throat, and of pain under the jaw, and spoke in a very muffled manner—I attended him about three weeks.
Cross-examined. Q. Is this a very deadly instrument? A. Not so deadly as some I have seen—if used with force it would produce the wounds I saw—it is not a regular life preserver—the wounds might have been produced by a barrel—his head was protected by his hair.
The prisoner's statement before the Magistrate: "Last November Mr. Jones engaged me as potman with two years' character; he discharged me in five weeks. I knew no reason for it. In consequence of such a snort character I have been unable to get a place. I felt it very hard to lose the two years' character for five weeks. I did not go to commit felony; I merely went to ask Jones the reason for discharging me. As he was coming upstairs I was going to ask, and because I could not get a word he seized me and we both fell. He fell on the barrel instead of my throwing it upon him. The handkerchiefs were then round my neck; he pulled both off. I wore the blue Guernsey all the time. "
MR. WOOD called the following witnesses for the Defence. SAMUEL COLE. I live at 28, New-street, Borough, and am a first-class ordinary seaman in the Royal Navy, where I have been for five years—I came home in February—since I hove been at home my brother (the prisoner) has been in the habit of wearing my clothes sometimes to make himself look like a sailor—I gave my brother a stick—this is it (the life preserver)—I made it myself—I considered it a curiosity, and gave it to him—he has been in the habit of taking it out with him—on the Thursday morning, the morning before this affair, I went oat with my brother to get a bed, which I had left at my chum's, in the Old Kent-road—we started between 9 and 10 in the morning—we then went to Cremorne, and then to call on a waiter at a public-house—we returned home about twenty minutes past 5—my brother was then a little groggy, the same as myself—I know a man named Wilkie, who owed my bruther 9s. while he was potman at mr. Jones's—I have been there with him several times to try and find him, but could not—I met him on the Friday, and he promised to pay on the Saturday—my brother has always borne a good character.
SARAH COLE . I am the prisoner's mother, and live at 28, New-street, Borough—he has always borne a good character—on the Thursday evening previous to this occurrence he and his brother came home to dinner and tea about twenty-five minutes past 5—the last I saw of the prisoner that night was between 7 and 8—he said he was going out—he was the worse for liquor—before this he was in the Charing Cross Hospital for a week—he fell down and ruptured himself—that was about October last, and he has always been affected by it, and his health has been very poor indeed—when he has had a little drop to drink he has sat down and fallen asleep—I know that he has dressed in his brother's clothes a great many times, and carried this stick about to show his brother's clever workmanship—on the day after this happened I called on the prosecutor—he asked what I wanted, and
when I said I was John's mother he said, "Get out of my house; I hate the breath of any one that breathes for him; he is a villain; he is a vagabond, and if I can give him forty years I will."
THOMAS SHREWSBURY . I am a porter in the Strand, and live at Beaufort Buildings—on Thursday evening, of 7th April, I met the prisoner between 8 and 9 o'clock in the Plough tavern, Beaufort Buildings—he was rather intoxicated—I had one game of bagatelle with him, and I gave up playing with him because he was too far gone in liquor—I left him between 9 and 10.
The prisoner received a good character.
GUILTY on the Third Count. — Four Years' Penal Servitude.
557. DENNIS FLYNN (19), JOSEPH SULLIVAN (17), and GEORGE THOMPSON (26) , Burglariously breaking and entering the dwelling-house of Joseph Corke, and stealing therein 1 jacket, 1 cloak, and other articles, his property; to which SULLIVAN and THOMPSON PLEADED GUILTY .— Confined Eighteen Months.
MR. PLAIT conducted the Prosecution, and
MR. LILLEY the Defence.
ELIZABETH CORKE . I am the wife of Joseph Corke, a butcher of Merton—on Friday Morning, the 8th of April, I heard a noise of someone jumping over our fence—I looked out at the window, and saw four men standing under the tree, directly under the window—the prisoners are three of them—after they passed the penthouse I saw one of them putting my baby's cap into his pocket—I called "Police" and called the servants—all the four men turned and looked at me—I went down, and found the parlour window open—I missed a scarlet jacket, a scarlet cloak, three anti-macassars, and a table cover, which were safe when I went to bed—the window was close down then, but I am not sure whether the catch was fastened—it had not been opened since Christmas—I did not know the prisoners before, but I am sure of them.
Cross-examined. Q. What time was it? A. About 5 o'clock, as near as I can tell—I have a clock in ray bed-room—the tree is about a yard and a half from my bed-room window.
ALFRED NEWBURY . I am a gardener, at Abbey-road, Merton—on 8th April, about a quarter before 5 in the morning, I saw the prisoner and another man running along by the Abbey-road, in a direction from Mr. Corke's, towards London—I afterwards saw a constable running in the same direction—I joined in the pursuit, and keeping my eye on Flynn, when he was three or four hundred yards down the Abbey-road—he pulled a scarlet jacket from his pocket, and an antimacassar, and dropped them over into a garden—after that the prisoners crossed the road, about fifty yards to a person's garden, named Middleton, where the cap was picked up—they ran to the Wandle-bridge—I apprehended Flynn about a dozen yards over the bridge—I brought him back, picked the things up, and gave them to the policeman—he said, "It was not me—I was thirty yards ahead of them—I never had the things. "
Cross-examined. Q. Was he thirty yards ahead? A. No; he was that much behind them—they all four ran together to the Wandle-bridge, and then they parted—the garden where I found the articles, is between Mr. Corke's, and the Wandle-bridge.
JAMES DAVIS (Police-sergeant, V 26). About half-past 5, on this morning, I received charge of Flynn—he said, "It was not me, I was thirty yards ahead of the others, I did not know what they were going to do; I did not come out with that intention"—I afterwards took Thompson—I
examined Mrs. Corke's window—no violence had been used—the catch had evidently not been fastened.
Cross-examined. Q. Did you make inquiries as to Flynn's character? A. I did—two of his employers gave him a good character for nine months ago, but since the last nine months I can ascertain nothing of him—I did not inquire of Mr. McVine—I saw Mr. Moggs and Mrs. Smith.
WILLIAM OSMOTHERLY (Policeman, V 421). On 8th April, about 5 o'clock in the morning, I saw the prisoners, and another man, coming in a direction from Epsom, towards Mr. Corke's house—I followed them—I had seen them before that, close upon 5 o'clock, in High-street, Merton, about two hundred yards from Mr. Corke's—I don't suppose that was five minutes before the robbery was committed; it was all at one time.
CAROLINE MIDDLETON . I am the wife of Benjamin Middleton—I live near the copper mills at Merton—on this morning I heard somebody running by my house, calling "Stop thief"—I went down about 6 o'clock, and found a baby's hat and cap in my neighbour's garden—I went and asked Mrs. Corke if she had lost such things—she said, "Yes. "
Flynn's statement before the Magistrate:—"I met these men; I know nothing of it; I have a good character; I am innocent of the charge."
FLYNN.— GUILTY .— Confined Six Months.
MR. KEMP conducted the Prosecution, and MR. COLLINS the Defence.
EDMUND MARTIN . I am a corn dealer—the prisoner entered my service about six months ago—the terms of his engagement were in writing—he brought me an order for hay—he said Mr. Miles, of Kingston, would like to have a load—I said, "Very well; I will send it"—the next morning I did so—it amounted to 4l. 10s.—the prisoner has never paid me that—it was his duty to hand it over immediately he got it.
Cross-examined. Q. Was he in the habit of buying hay and corn for you? A. No, never—there was an agreement that he was to have sixpence a quarter upon corn—the people at the railway would deliver the corn and hay to order—the prisoner would say that he had sold so much to Mr. Philips, and I would hand him an order to take to Mr. Philips with a contract note of the price—that would be entered in my day-book, which is here—it was not the prisoner's duty to cart it from the station—the purchaser would do that—there was no account with the prisoner for commission, it was paid when he asked for it—sometimes he had 1l., sometimes 2l., and he has had 3l. 14s—he took very good care to charge the commission directly he sold the corn—I have seen a Mr. Larter once—there is one entry in the ledger in his name, as being sold by me to Mr. Larter—I was not constantly in the habit of making out invoices to the prisoner—if there has been some surplus corn lying at the wharf, and he said he had a customer for it, probably an order might be made out in his name—I have not done that constantly—I might have done it once or twice; not more—I think (Looking at some papers) these two are for one, for the five quarters of oats that were lying at the wharf—the prisoner did not frequently buy
corn for me—I have had plenty of experience myself—I have been twelve years in the market—I know the names of all the customers he sold to—the hay is entered as sold to Mr. Miles on 16th November, for 4l. 10s.—I can't tell what amount of business the prisoner did while with me, probably about 1,000l.—I have three other travellers.
MR. KEMP. Q. Did you sell this hay to the prisoner? A. Never—in that instance the hay went direct from my premises, not from the wharf—I do not owe the prisoner anything for commission.
JAMES MILES . I am a dealer in horses at Kingston—in November last I ordered a load of hay from the prisoner, not from Mr. Martin—it was sent with an invoice—I have not got that—I don't know what has become of it—I don't know whether it was made out in Mr. Martin's name—I asked the boy if it came from Jones, and I paid him 4l. 10s. for it—I have the receipt for it—it is dated December 3d; it is in Jones's writing.
Gross-examined. Did you know Mr. Martin at all in the transaction? A. No.
RICHARD HENRY KIDNEY . I am in the prosecutor's employ—in November I went with a load of hay to Mr. Miles at Kingston—it was from Mr. Martin—I took an invoice with me like this—I left it with Mr. Miles; it was made out in Mr. Martin's name.
Cross-examined. Q. Was that the only load of hay you took? A. Yes; I and another man drove the cart—Jones did not go.
MR. COLLINS to EDMUND MARTIN. Q. In all these transactions who used to receive the money? A. I did, from Jones—when he received money it was his duty to bring it to me, and every account was booked regularly in the ledger, every party he sold to—we should make the entry of the payment in the day-book—I am a corn merchant—perhaps 1,000l. comes through my hands in a week, perhaps 500l.—I do not keep a cash-book—this day-book is not all in my writing, I have clerks—all the transactions with Jones are in my writing—whoever receives the money enters it.
The COURT considered that the charge of embezzlement was not made out, the money being paid by the purchaser to the prisoner on his own account, and not for his master.
NOT GUILTY .
MR. KEMP conducted the Prosecution, MR. COLLINS the Defence.
EDMUND MARTIN . Previous to 30th October last the prisoner told me he had sold fifteen quarters of oats to Mr. Crutcher, upon which I wrote him out this delivery order to give to Mr. Crutcher, with my contract note of the price—he never brought me any money for the payment of the oats—I applied to Crutcher for it—Jones told me he had been down to see, and Crutcher had promised to pay him if he could—this is his writing—I received it, (Read: " 29th November, 1863. Dear Sir, I have gone down to Lee, having heard Mr. Stewart has returned from Brighton. Crutcher promises to pay me if he possibly can.")—the prisoner lived at Peckham—in consequence of what Mr. Crutcher told me when I applied to him, I went to the prisoner's house—he was not at home—I went again the next evening, and found they had all gone away and taken the furniture—I never saw him again till he was in custody, about four months afterwards—we were continually day and night after him—he never came to my office during that time—he gave me no notice that he was going to leave—on 2d October, 1863, he had sold twelve quarters of oats to Mr. Stewart, upon which I gave
him this order with a contract note—I sent the invoice and applied to Mr. Stewart for payment—on 4th November the prisoner also gave me an order for forty-four quarters of oats from Mr. Phillips, and I gave him this delivery order to the Superintendent of the Great Northern Railway—I have applied to Mr. Phillips—the prisoner has not paid me a farthing for either of those orders—they would come to between 60l. and 0l.—there is another order from Mr. Phillips—it would be about 80l. altogether.
Cross-examined. Q. Don't you know that the prisoner met with an accident, and was laid up at the hospital? A. I heard of that at the Southwark police-court—I immediately went to the hospital, and he was not there—he had been there—he had sixpence on every quarter of oats he sold, and his expenses paid—all these items to Mr. Crutcher and the two other persons were entered in the day-book—the prisoner had his commission as he went on—I kept no commission account—the prisoner would take this order to the house he sold the corn to—it was deliverable to that person only—the proper course of business is that the corn ought not to be got away from where it is without an endorsement—I did not know Mr. Crutcher, Mr. Stewart, or Mr. Phillips before this, only by name, as being good men.
JOSIAH CRUTCHER . I am a cow keeper in the Old Kent-road—on 30th October last I did not buy any corn of Mr. Martin—this delivery order was never brought to me—I never gave an order for this amount of oats.
Cross-examined. Q. You do not know Mr. Martin? A. I never heard his name before this—I had seen the prisoner just before, and he left me a sample—I did not give him an order.
HENRY RICHARD PHILLIPS . I deal in horses—I did not give these two orders which are made out in my name—I never saw them before—I did not see the prisoner at all at that time—I gave him no order, either for himself or Mr. Martin, and never had the oats.
Cross-examined: Q. Did you know the prisoner some years ago? A. Yes, and always dealt with him for corn—he was a very respectable man, as far as I know.
HENRY DOWDERY . I am delivery-clerk on the Great Eastern Railway—this order, made out to Mr. Crutcher, was brought to our wharf on 30th October—I delivered corn in accordance with it—I can't say who brought it—I do not know the prisoner—I suppose I asked the person if he represented Mr. Crutcher—I don't generally ask for the endorsement of the person—we have the carman's signature for the goods—I could not swear to the carman.
MARTIN WARD . I am a clerk on the Great Northern Railway—these delivery-orders made out in the name of Mr. Phillips were brought to the office about 4th November, I don't know by whom; by a carman in the usual manner—I always honour such orders as these without an endorsement—I don't know the prisoner.
Cross-examined. Q. How many transactions of this sort in corn have you? A. We take from 100 to 150 orders; and we know nothing of them, except that they are on our file—we know the date, and we have the signatures of the carmen—I have the date entered in my book.
EDWARD ABBOTT . I am a carman—I do not know this order made out to Mr. Crutcher—on 30th October, I obtained some corn from the Great Eastern Railway, for which I pave this delivery-note—I received it from the prisoner—he told me to go to the Great Eastern Railway, and fetch fifteen quarters of corn—he did not tell me to say from whom I came—I was to take it to Peckham—I did so I saw the prisoner the following day, and he gave me
another order to fetch this other corn from the Great Northern Railway—this is the order, made out in the name of Phillips—I got that, and took it to Mr. May, of Piccadilly, by the prisoner's order—at the same time, he gave me a note to take five quarters more from Peckham to Piccadilly.
Cross-examined. Q. How many times have you taken corn for the prisoner? A. Five, I believe—I do not know Mr. Martin; I never saw him.
COURT. Q. What is Mr. May? A. A cab proprietor—that which I took to Peckham, I took to Mr. Jones's own house—I did not take them out of the van—I took fifteen quarters there from the Great Eastern, and then put five quarters more on my van to take to Piccadilly—I did not unload the van at his house—I delivered twenty quarters of those I got from the Great Northern to a Mr. Bacon, at New-cross, and four to Mr. Mills, a butcher—on the 14th November, I fetched twenty from the Great Northern, and took five to Mr. Larter, of Kent-street, and fifteen to a gentleman, whose name I forget, at Peckham, a cab-proprietor, and keeper of the Brown Cow public-house—on 19th November, I carted twenty-four quarters from the Great Northern to Mr. Bacon, of New-cross.
COURT (to EDWARD MARTIN). Q. Was it in consequence of the statement that the prisoner made to you, that you parted with your oats? A. Yes—Mr. Bacon and Mr. Larter were my customers—they had had goods from me.
GUILTY.— Judgment respited.
MR. H. LEWIS conducted the Prosecution, and
MESSRS. COOPER and WHARTON the Defence.
ALEXANDER RITCHIE . I am in the service of Mr. Augustus Tettgen, tea-merchant, of Bishopsgate-street—on 5th February last, the defendant came to my master's shop, and ordered tea, coffee, sugar and chicory, to the amount of 7l. 4s. 10d.—they were to be sent to 14, Duke-street, Borough, after 2 o'clock, and he said he would pay for them on delivery—I sent the goods by a person named Tatchell—he brought back no money—I went to the prisoner the same evening—I knew him perfectly well—I said to him, "I want payment of the account"—he said, "You shan't have it; you sent over a man to get payment of the account, and I gave him another order, and I will pay for both parcels when the other is delivered"—I said, "I will not go till I get payment of the first account"—he said, "You shan't have it to-night; call over to-morrow at 12, and you shall be paid"—I then went away—I went again the next day, at 12—I did not see the prisoner—I did not get any money at any time—I saw the prisoner once or twice after that, and asked him for the money; he refused it once, and the next time, he said he should not pay a farthing of it, if he could help it—I saw another man there sometimes, and rather a stout man, with a beard—I saw him three times with the prisoner, in his shop.
Cross-examined. Q. Are you the only man who serves in Mr. Tettgen's shop? A. No. I went to the prisoner's coffee-shop—I found his name above the door—he did not say," Don't bother me for money, it is all safe and right,"—nothing of the kind—the stout man was darkish—he had darkish hair and darkish whiskers—I spoke to him—I told, him I wanted either the goods or the money—the prisoner was not there then—I only gave evidence twice at the police-court—there was a week's interval between—I had 3l. 12s. 5d. paid to me by the prisoner on 29th March—I never sent an attorney to him—I dare say his shop is a mile from our's—I don't
know that he has been there eight years—people tell me so—I don't know how long he has been there—I inquired of two or three persons and they gave different accounts.
MR. LEWIS. Q. Did you receive any portion of the money until after the prisoner was in custody on a charge of conspiracy? A. No.
JOHN TATCHELL . I am a porter in the service of Augustus Tettgen—I received some goods from the last witness, and took them over to the prisoner's shop in Duke-street—I did not see the prisoner—I saw a tall stout man—I think he had a moustache—I gave him the bill, and he asked me what day our traveller called—I told him we did not keep a traveller, I was authorized to take the money when I delivered the goods—he told me that the money was right enough, but that Mr. Bristow was not in, he might be in in the course of an hour—he said, "As soon as he comes in I will give him the bill, and he shall call and pay you, and will also give you an order. "
Cross-examined. Q. You found him very civil? A. Yes; and I was very civil to him—the house is fitted up as a coffee-shop.
JAMES JOHN KING . I am salesman to Richard Loader and Company, cabinet-makers, of Finsbury—the defendant called at our warehouse on 16th February last, and ordered goods to the amount of 13l. 17s. 4d.—I stated to him that we were selling off, in consequence of the Metropolitan Railway coming there, and that of necessity all transactions must be for cash—he made no reply to that—he gave his address "Crown Coffee-house, Duke-street"—I sent the goods over by Sewell—he did not bring the money back or the goods—I afterwards saw the defendant, and said to him, "I have called relative to the account of the goods supplied to you"—he then said, "I can't pay you now, but if you call on Friday next, I will pay you all, or as much as I can"—he did not fix any hour of the day—I did not call, it was Good Friday—I called on the Saturday—I did not see him—I only saw him twice before he was charged with conspiracy—I did not get any money before or after he was charged—I got all the goods back—they were brought to my place on 8th April, and are now in the possession of the police—I saw a young man at the defendant's place—from the likeness I should think it was his son—when I first went in he said that Mr. Bristow was not in—I told him I had called relative to the account due to Richard Loader and Co. and he said he-was not at home.
Cross-examined. Q. I believe the things he bought were suited for a coffee-shop? A. Yes; they were—after he had the first bill of 13l. we let him have some other things, which swelled it into 17l. 5s. 7d.—the second lot, a rug and some chairs, were delivered on 22d, two days after the first lot, and some more on 25th—I do not know that "Selling off bankrupt stock" and "Selling under prime cost" is put up to draw people to buy.
JOSEPH SEWELL . I am in the employment of Messrs. Loader—I received some goods from Mr. Stoddart, the manager, and took them to Bristow's on 20th February—I saw a stout man with a moustache, about five feet six inches in height—he had an apron on and was in his shirt-sleeves—I delivered him the account, and asked for Mr. Bristow—he said Mr. Bristow was not in, he expected him in very shortly—I was going further on with other goods, and I left them, with the understanding that the money should be ready for me when I returned—he did not say anything about other goods then—when I went back I saw the same man, and he said that Mr. Bristow required further goods, six chairs and a rug, and I was to bring over several patterns of rugs for him to choose from—I took over those goods on 22d—
I saw the same man again—I told him I had brought the goods, and asked if there was any money left for them—he said that Mr. Bristow required further goods, and when the order was completed he would settle it up altogether—he wanted floor-cloth, and he asked me to have the pattern-book of floor-cloths sent over, and a man to take the order—I delivered my instructions to Mr. Stoddart, and did not go over any more myself.
Cross-examined. Q. I suppose very often when you have tried, you have found it difficult to get money for goods sent? A. Yes; sometimes, even from gentlemen—they sometimes say, "Call again next week"—I don't know that my master has brought any of those gentlemen to the bar for conspiracy—these were things just suited for the business of a coffee-shop, and the style of the house—I never was in there before—I don't know how long the defendant has been there.
JAMES NORRISH . I was assistant to Jesse Pimm, of Barbican, at the time of this transaction—the defendant came there in March, and bought sheeting and blankets to the amount of 7l. 10s. 4d.—he said they were to be sent on the following morning, and he would be at home to pay for them on delivery—he said that he had a coffee-house at Duke-street, London-bridge—I took them in a cab next morning—I did not see Bristow—I saw a stout man, about forty-five—I told him I had brought the goods from Mr. Pimm's—he said it was all right, and asked me to take them up stairs—I gave him the bill and asked him for payment as promised—he said that Mr. Bristow had gone to our establishment to pay for these goods, and order more—I said that I could not leave them—he said that it was very wrong of me to suspect a respectable man who had been a freeholder for the last twelve years—he said that Mr. Bristow would be there to dinner certain at 6 o'clock, and I told him that I would leave the goods conditionally, that if he had not been to the establishment I should have the money at 6 o'clock—I left and returned at 6—I saw the same man—he told me Mr. Bristow had been back, and had taken part of the goods to Brixton, but had forgotten to leave the money—I asked for the other portion of the goods—he said that I could have neither goods nor money—I asked him what time Mr. Bristow would return—he said that he might return in an hour, or he might return at 12—I called at 9 the same evening, and saw the same man—he said that Mr. Bristow had not returned—a man who represented himself to be his son stepped forward and asked me what I wanted, and told me to leave the house—I left, and we took out a warrant for conspiracy—we did not get our goods back till after that.
Cross-examined. Q. Were those goods fit for a coffee-shop? A. Yes.
NOT GUILTY .
NOT GUILTY .
562. GEORGE HARBERT (27), and JOHN SPANTON (29) , Burglariously breaking and entering the dwelling house of Albert Honeywill, and stealing therein 3 shirts, 2 pairs of stockings, and other articles, his property.
MR. R. N. PHILLIPS conducted the Prosecution. ALFRED HONEYWILL. I live at 9, Burlington-terrace, Hill-street, Peckham, and am in the Customs—on Monday, 19th April, I went to bed at about half-past 11—I went round the house, and saw that all the bolt and looks were secure—between 1 and 2 in the morning I heard a noise—I got out of bed, opened the bedroom door, and stood listening on the landing two or
three minutes—I did not go down—I went to bed again—I got up about a quarter to 6, and on going down stairs found that one of the iron bars had been removed from the washhouse window, which was unfastened, and the door open—I found the iron bar outside the washhouse door, in the garden—there is a direct communication from the washhouse into the dwelling-house; it forms part of it—I missed several shirts and socks, children's night-dresses, a flannel petticoat, and a jack towel—some clothes line and pegs, which had been in a large bag in the washhouse, had been thrown out, and the bag used to take away the things—they had attempted to get into the kitchen by using the iron bar as a lever, and had commenced cutting the panel—there is a garden at the back of my house.
Harbert. Q. Did not you say at the Lambeth police-court that it was on 19th April at half-past 1 in the morning? A. I think I said on the morning of the 20th—I went to bed at a quarter past 11 on the Monday, and was disturbed about a quarter past 1.
AUGUSTUS SHERRY . I live at 14, Marlborough-road, High-street, Peckham—on Tuesday-morning, 19th April, about 1 o'clock, I was going home with my brother over the canal bridge, close by the prosecutor's, and saw three men under the public house window, about one hundred and fifty yards from the prosecutor's—just as we came close to them they crossed over the road a little in advance of us, and stood all three together till we came up to them, when they turned in against the wall—we passed them—the prisoners are two of them—I made a remark to my brother as we passed.
Harbert. Q. Did you say I was the man before you came up to the police court? A. I picked you both out—as you were standing at the wall you looked round—I thought you were up to no good, and kept my eye on you.
MR. PHILLIPS. Q. Do you feel any doubt that these are the men you saw? A. No.
CHARLES SHERRY . I live with my brother, the last witness—on the Tuesday morning I was with him, going home, about ten minutes to one o'clock, and saw three men standing directly under the Langdale Arms, Hill Street, Peckham—there was a lamp very close, and it was a very light night—they crossed the road, and walked to a wall on the opposite side of the way, and turned their faces to the wall—I turned my head back till I got right out of their sight, and noticed their faces. Spanton was one—I identified him at the police court—he was the nearest to me—Harbert I should not like to swear to, his dress corresponds with that of the man I saw, but his face I did not see sufficiently to swear to.
Harbert. Q. You said nothing about my dress at the police court. A. I said that I could identify Spanton, and the dress of the other, but not his face, though I believed him to be the man—you were both dressed as you are now.
FREDERICK JOHNSON . I am a green-grocer, of 11, Earl Terrace, Upper Grange Road, Bermondsey—on Tuesday morning, 19th April, about a quarter to 6, I saw three men leaning over the rails of a ditch, nearly opposite my shop—I took down the shop shutters and watched them—I thought they were up to no good—I missed one very much like Harbert, and then I missed the others—I was looking through my window at them—they did not see me—I then saw Spanton come with a bundle, as if he came from the back of our houses—I shut the shop and went after them—I lost sight of the third man—this is the bundle (produced)—we went up to the Greyhound Bridge, which is about half a mile from the prosecutor's—I
did not lose sight of them—I walked past them, saw a policeman, and called after him—Spanton ran away as hard as he could with the bundle—I ran after him and called "Stop thief"—he chucked the bundle away and escaped—I picked it up and gave it to the prosecutor—the third man had a dark complexion and rather curly hair.
Harbert. Q. Did not you identify me at the police station? A. When, you were brought out all together, I said that I could swear to Spanton, but that I did not see your face, though your dress corresponded very much indeed—I thought you had a billy cock hat on, but you had your back towards me and were looking over the ditch—I could not identify you at the police court.
COURT. Q. And you cannot identify him now? A. No, only by his dress—I did not see his face.
Spanton. Q. Would it not take you half an hour to go to the Greyhound-bridge? A. I saw you very nearly half an hour before you made off with the bundle; all three hanging about our place.
JAMES DAGNELL (Policeman M 126). On Tuesday morning, 19th April, about half-past 6, I was in Grange-road, and heard Johnson shouting "Police"—I went up, and saw a man running along Gloucester Road, about 400 yards away—I followed him, but he got away—I returned to Johnson, who gave me this bag.
CHARLES HUNT (Policeman, P 442). On the evening of 21st April I saw the prisoners in Queen's-road, Peckham, and from a description I had received of certain parties I followed them to the corner of Pomeroy-street—I heard Harbert say," Straight on"—Spanton said, "No, down here," and they went down Pomeroy-road—another constable followed them down there—I got the assistance of two more, and apprehended them—I told them I should charge them with breaking into the dwelling-house of Mr. Honey will, in Burlington-terrace, and stealing a quantity of things; and also for breaking into a house in Wellbrook-terrace—they said nothing in my presence—I asked Harbert where he lived—he leant back against the palings when I told him the charge, as if he was fainting, and said, "Over here somewhere"—he did not give me any address—we took them to the station, and saw Mr. Sherry and Mr. Johnson, who identified Spanton immediately, and said they believed Harbert to be the man, but would not be positive—they said his dress corresponded—I did not notice the prisoners make any reply—I found a strong knife on each of them—they appeared to have been fresh ground (produced).
Harbert. Q. Did not I say that Spanton was outside his mother's door, and was going to get a clean shirt? A. You said that Spanton's mother lived there, but we did not know it till the next day.
WILLIAM ROWLAND (Policeman, P 421). I was with Hunt on the evening of 21st—I took Spanton and asked him his name—he said u Smith"—they made no answer to the charge—I examined Spanton's boots, and on the following morning I took them to the prosecutor's garden—I saw several footmarks there carefully covered up—in the right boot the fourth nail of the centre row was missing, and that could be distinctly seen in the marks—the size of the boots corresponded exactly—I traced them through several gardens, and at No. 4, Wellbrook-terrace, which is at the back of Hill-street, and up to the opposite side of the road, close to the Langdale Arms—they either came over the wall, or got out at the gate, I can't say which—at the police-station I heard Spanton say that he hoped he would keep out of the way—I could not catch the name.
ALBERT HONEYWILL (re-examined). This is the bag I lost—I identify the contents as mine—some of the things belong to a boy about fifteen, who is staying with me; some are my son's, and some my daughter's—I noticed that the latch of the window was marked apparently by a knife—it was turned back by putting a knife up through the aperture—a large clasp knife would be the sort of thing used to do that.
The prisoners' statements before the Magistrate: Harbert says: "I was put among policemen last night, for them to look at me; some of them had uniform on. One man came and said, 'I can identify one; I know Spanton. ' The other gentleman who came to identify me did not do so last night. I can prove that I have worked my way up from Bristol by chair-caning. I got to Hyde-park corner on the Monday at half-past 4." Spanton says: "I am not guilty of the crime. I can prove I was away."
Harbert's Defence. One gentleman says he can identify me at I in the morning, and the other one who sees me at 6 in broad daylight cannot identify me. One says I had got my face to the wall, and the other says I was leaning over a ditch.
HARBERT— NOT GUILTY .
SPANTON— GUILTY .**— Six Years' Penal Servitude.
NOT GUILTY .
MR. BROOKE conducted the Prosecution, and MR. LILLEY the Defence.
JOSEPH SMITH . I keep a coffee-stand in Blackman-street, Southwark—I have a residence in William-street, Newington-causeway—I left there at 12 on Monday night, 25th April—I left my family in bed—I pulled the door to; it closes with a spring lock—I was in the habit of doing that every night, at that time—I returned at half-past 4 on the morning of 26th—as I turned the corner of the street, which is about thirty yards from my door, I saw the prisoner standing with my door open, half way in and half way out—I went up to the door and asked him what he was doing—he rolled away shamming to be intoxicated, and made no reply—I then saw another man get out from my next door neighbour's—the prisoner then ran away; I ran after him nearly to London-bridge, but could get no tidings of him—I came back and went as far as the Rockingham Arms, when I saw him again—he ran away; I ran after him across the road, and gave him into the custody of a policeman—I am quite certain there was no key in my door, and am quite certain that I pulled it to, as I am in the habit of doing.
Cross-examined. Q. Are you quite certain as to the time this happened? A. Yes, half-past 4 in the morning—I was thirty yards off when I first saw the man, and he remained till I came up.
JOHN POMEROY (Policeman, M 130). I did not take the prisoner—I have seen Ann Flegg, who lives at 20, William-street, Newington-causeway, within the last hour—she is a witness in this case—she is not in a fit state to appear here as a witness, or to leave her home—she was not in bed when I saw her; she is very near her confinement—she fainted at the police-court, and was obliged to be taken away at once.
Cross-examined. Q. Is there any medical man here? A. No—I saw her within an hour, and she is not in bed.
MR. LILLEY submitted that the witness's depositions could not be read without the proof of a scientific witness as to her illness. The COURT considered that a policeman was not a credible witness on such a point; that, in the absence of a medical man, the depositions could not be read; and directed the Jury to find the prisoner
NOT GUILTY .
The prosecutor stated that the prisoner had been with him fourteen or fifteen years, and that he would take him back, as he had got into trouble through drink and bad company.— Judgment respited.
ADJOURNED TO MONDAY, JUNE 6TH, 1864.