CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD JUNE 6TH, 1864.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, June 6th, 1864, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; Sir CHARLES CROMPTON, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir GEORGE BRAMWELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JAMES DUKE , Bart, M.P.; 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.; SYDNEY HEDLEY WATERLOW, Esq.; ANDREW LUSK, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq. Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
HILARY NICHOLAS NISSEN, Esq.
THOMAS CAVE, Esq.
JOHN WILSON NICHOLSON, Esq.
CHARLES GAMMON, Esq.
CENTRAL CRIMINAL COURT.
LAWRENCE, MAYOR. EIGHTH 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, June 6th, 1864.
Before Mr. Common Serjeant
MR. CRAUFURD conducted the Prosecution and MR. COOPER the Defence.
SUSAN WILLIAMS . I am the wife of Isaac Williams, who keeps the Duke of Sussex, Clifton-street, Notting-hill—on 20th April, soon after 9 at night the prisoner came in there with two or three others—he asked for a pot of beer, and handed it round to those who were with him—he did not drink any himself—he gave me a shilling—I put it in the till—there was no other shilling there at that time—I gave him sixpence and twopence change—he then called for two pennyworth of gin, and gave me another shilling—I looked at it, tried it with my teeth, and found it was bad—I then took the other shilling from the till, and found that was bad too—I told him he had given me two bad shillings—he said he had not, and went out—his companions went out soon after—I called my husband and he followed the prisoner—after that some one came in and gave me a half-crown—that was not one of the men who had been in with the prisoner—he asked what was the matter—I told him, and he said, "I will pay for the beer and the change," and he gave me the money—I gave him eighteen pence out of the half-crown—I did not give him the bad shillings—he did not go away directly—he stopped some little time—I saw no more of the prisoner or his companions—I wrapped the two bad shillings in a paper, and gave them to the policeman a fortnight afterwards—I kept them in my desk, which was locked all that time.
Cross-examined. Q. Is your house frequented by working men chiefly? A. Yes; we very seldom hare much cash in the till—I generally keep it in my pocket—my husband attends to the business—we have no barmaid—it was not a minute after I took the first shilling that the second was given me—I did not put that in the till—I kept it in my hand—the bar was full of people at the time—I did not give any change for the second shilling—I gave the man eighteen pence change out of the half-crown.
MR. CRAUFURD. Q. Had you known the prisoner before? A. Yes; by name—I gave a description of his personal appearance to the policeman when he came, and I was afterwards fetched to identify him—I knew him
as using our house—I told him I should lock him up for the two bad shillings.
ELIZABETH HARRIS . My husband keeps the Boot and Slipper beer-shop, St. Ann's-road, Notting-hill—I remember seeing the prisoner and two other men at our house in the latter part of April—one of the other men called for a pot of beer, and gave me fourpence in coppers for it—then the prisoner called for another pot, and gave me a shilling—I said, "I have not change"—I looked at the shilling and found it was a bad one, and sent my little girl to get change—she came back in two or three minutes and said it was bad—I went and told my husband about it—he was ill at the time, and he said, "Don't say anything about it now, because he is a desperate character"—in consequence of that I gave the prisoner eightpence change—I kept the shilling about three weeks, and afterwards gave it to the constable.
Cross-examined. Q. Where did you keep it all that time? A. In my purse, and kept the purse in my pocket—I put no money into the purse, and took none out all that time; not out of that compartment—our place is frequented by poor working men—I don't often take bad money—I took a bad coin a few weeks before this—I did not see the prisoner in my house during the three weeks before he was taken—I saw him over the road opposite—I believe he is a hard-working man.
ELIZABETH PHCEBE HARRIS . I am the daughter of the last witness—I recollect somewhere about 20th April, seeing the prisoner in my mother's house—my mother gave me a shilling to change—I went next door—I did not get change—I brought it back, and gave it to my mother—I did not let the shilling go out of my hand—it was bad.
Cross-examined. Q. Your mother has coppers in the house generally, has she not? A. Yes; but she sent me out with it, because she had suspicion it was a bad shilling—it was a wardrobe shop that I went to—I took the same shilling back again; I am sure of that—my mother put it in her purse.
HENRY WOODBRIDGE (Policeman, T 237). I know the prisoner—on 10th May, I received a description of him from my sergeant—I found him that same night, and took him into custody—I told him it was for uttering counterfeit-coin at the Duke of Sussex public-house, Notting-hill—at first he said he knew nothing about it, and afterwards he said, "I remember one shilling; I know nothing of the other"—I told him there was also a charge against him for uttering a counterfeit coin at Chelsea—he said he knew nothing about it—I searched him, and found two good sixpences and a knife upon him—I produce two counterfeit shillings I received from Mr. Williams, and another which I received from Mrs. Harris.
Cross-examined. Q. Has the prisoner sometimes helped the police? A. He has rendered me assistance once—he works hard at times—the description I had of him was, "James Fits, the fighting man of Kensington" I knew him by that description—he has been a pugilist.
JAMES WATERS . I am barman at the King's Arms, Sloane-square, Chelsea—on Friday, 29th April, about 4 o'clock in the afternoon, the prisoner came in there, with three others—one of his companions called for a pot of six ale—they all drank some of it, but the prisoner, and then one of them called for two pennyworth of rum, some of which the prisoner drank—the man who called for the ale gave me a shilling—I put it in the till, and gave him sixpence change—the man who asked for the rum also gave me a shilling—I put that in the till, and gave him sixpence and four pence change—they then all went outside; one of them afterwards came back and
asked for a pot of six ale and a quartern of gin, and gave me half a crown—I gave him a shilling and seven pence out—he came in at a different door, and I put the half-crown in another till—after that they all came into the house again, and one of the prisoner's companions asked for a pot of six ale—I gave it to him—he gave me a shilling—I broke it in two, and told him it was a bad one—he put his hand in his pocket, shook it up and said, "I have got plenty of money"—he was the same man who gave me the first shilling—I then looked in the till where I had put the other two shillings, and found they were bad—I sent the pot-boy for my master who was down in the cellar—I told him what had occurred, and he sent for a constable—at that time one of their companions came in and told them a constable had been sent for, and they all went away together in a horse and cart.
Cross-examined. Q. How did you break the bad shilling? A. In the centre of the till—good shillings will break in that way, I believe—I received this other bad shilling on 29th April, from a woman who was with the prisoner and the others, when they carne in the last time—after they were gone, she came in and gave it to me, and said that they had given it to her—I broke it—that makes four.
PETER SMITH (Policeman, B 163). I produce four counterfeit shillings which I got from the barman of the King's Arms, on 29th April—there are two broken and two whole—I also received a description of the prisoner, and I circulated it in the force, as I did not know him myself.
WILLIAM WEBSTER . I am inspector of coin to the Mint—the two shillings, produced by Mr. Williams, are both bad, and from the same mould—the one from Mrs. Harris is bad—these other two, and the broken one are all bad, and two are from the same mould as the first I spoke to—the other is from the same mould as the one from Mrs. Harris—the other piece is from a different mould.
Cross-examined. Q. Do you think if Mr. Powell has said, that there is more than half a million of bad money about, that he is wrong? A. I should think not so much as that—there is a large quantity in circulation which does not get detected.
MR. COOPER called two witnesses who gave the prisoner a character of an honest, hard-working man. MR. CRAUFURD called Henry Woodbridge, (T 237,) who stated that, the prisoner had been convicted at Hammersmith, and had two months for stealing a pair of boots, but that he worked hard at times, and had once saved his (the witness's) life.
GUILTY .— Confined Nine Months.
MR. COLERIDGE conducted the Prosecution.
HARVEY BEST . I keep the General Elliott's Head, 1, Bedford bury, Chandos-street—about a quarter-past 2, on the afternoon of 11th May, the prisoner came to my house for a pint of beer, and he gave me a bad florin—I gave him a shilling, a sixpence, and halfpence change—he went away, and I put the florin in the till—there was no other florin there—I had just taken all the money out—after the prisoner had gone I took the florin out, tried it, and found it was a very bad one—I put it in my pocket, and afterwards gave it to the constable—next day the prisoner came again about the same time—I recognised him directly—he asked for half a pint of beer and a screw of tobacco, and gave me a bad shilling in payment—I tried it as soon as I took it off the counter—it bent double—I went round
the counter, took hold of him and said, "Do you know what you have given me?"—he said, "No"—I said he was in the day before, and had given me a bad two-shilling piece—he said he never was in the house—I gave him into custody, and gave both the coins to the constable—I had not known the prisoner before—I am quite certain he is the person who came in the first day.
Prisoner. Q. Had I not plenty of time to go out? A. Yes; when I took hold of you you said, "You have no occasion to hold me; I shan't run away"—you said a gentleman gave you the shilling for carrying a portmanteau.
ROBERT MILLER (Policeman, F 96). I took the prisoner into custody, and charged him with uttering a shilling and a florin, which I received from Mr. Best—I took the prisoner to the station—he said he had the shilling given to him by a gentleman for carrying a portmanteau—he said he was in Mr. Best's house on the Friday before—I found twopence and a purse on him.
Prisoner. Q. Have you seen me about the Strand getting my living? A. Yes; I have seen you about there; I don't know what you do for your living.
Prisoner's Defence. I know nothing at all about the two-shilling piece; the shilling was given me by a gentleman for carrying a portmanteau from Southampton-street, Strand; if I had known it was bad, I should have made my way out of the house.
The prisoner's statement before the Magistrate:—"I was not in Mr. Best's house on the Wednesday or Thursday; I received the shilling from a gentleman for carrying a portmanteau to King's-cross Railway-station."
GUILTY of a single uttering — Confined Six Months.
MR. COLERIDGE conducted the Prosecution.
SARAH JONES . I live at Mile-end-gate, and am the wife of Joseph Jones—we keep a fruiterer's shop—somewhere about the 'second or third week in March, the prisoner came into my shop, between 8 and 9 in the evening, and asked for a bottle of ginger-beer—the price was a penny—he first put down a halfpenny for it—I said, "That is not enough;" and he took a shilling out of his mouth, and gave me that—I went to the till to put the shilling in, and found it was bad—Ruth Phil brook was present at that time—I put it on the shelf—about a week after that the prisoner came in again about 10 o'clock, and asked for a bottle of ginger-beer—he threw down a five-shilling piece first, and then said, "I can give you smaller change than that;"—and he put down a two-shilling piece—I looked at it well—I thought I knew the man, but I could not recognise him—I thought the two-shilling piece looked a good one, and I gave him the change, and put it in the till—there was no other there—I examined it again after the prisoner was gone, and found it was a bad one—I took it out, and put it away along with the shilling—I took no other florin from the time I took that till I examined it; it was directly after the prisoner Was gone—on Thursday, 12th May, about 11 o'clock at night, the prisoner came again—I recognized him directly—he asked for a bottle of ginger-beer, and gave me a shilling—I took it up and saw it was a bad one—I went out, called in a policeman, and said to him, in the prisoner's hearing, "This is the third time this man
has been in my place passing bad money"—the prisoner said, "What do you mean? I was never in your shop before"—I said, "Oh, you wicked man; you know you were; it is the third time you have been in with bad money"—I gave him into custody—I had not known him before I saw him the first time.
RUTH PHILBROOK . I was in Mrs. Jones's shop when the prisoner came in—I saw her serve him with a bottle of ginger beer—he put down a halfpenny—she said, "This is not enough; I want another," and he put his hand to his mouth and gave her a shilling—I saw her put it in the till—I am sure the prisoner is the man.
RICHARD NEALE (Policeman, A 504). I took the prisoner, into custody on 12th May, at Mrs. Jones's shop—I produce some bad money which she gave me—I searched the prisoner, and found on him a florin and a shilling, good money.
Prisoner's Defence. I was never in the shop before in my life; I did not know it was bad; I waited there till she went for a policeman; I could have made my escape if I had liked.
GUILTY .— Confined Nine Months.
MR. M. J. O'CONNELL conducted the Prosecution.
LOUISA FROOME . I am the wife of George From, a chandler, of Doughtymews—the prisoner came to our shop between 8 and 9 in the evening, about three weeks before 6th May—I served her with an ounce of tea, for which she gave me a shilling, and I gave her sixpence and threepence change—I put the shilling in the till—there was another one there very much worn, and the one the prisoner gave me was a new one—my husband went to the till, took that shilling out, and in his passion he threw it in the fire, and it ran down like a bit of lead—on 6th May, between 9 and 10, I saw the prisoner again—I served her with a loaf of bread, which was 21l 2d. and she gave me a half-crown in payment—I gave her four sixpences, a threepenny piece, and a halfpenny—she was very polite—she went away—I put the half-crown in the till—there was no other money there at all—about an hour afterwards my husband took it out and said it was bad, and put it on the drawers in the bedroom—about 6 o'clock, on 21st, the prisoner came again, and asked for an ounce of tea and half a pound of sugar, which came to 51l 2d—I put them down to her—I knew her when she came in—she put down a half-crown—I took it up, went to the parlour door, and said to my husband, "Is not this a bad one?"—he said it was very rank, and went into the bedroom and said the other was like it—I went to the prisoner, and told her she had been there before—she trembled very much—she made no remark, but took the half-crown out of my hand and walked out—I followed her out, and said, "I shall lock you up"—she said, "Pray forgive me"—I said, "I shall not; if I walk after you all night, I shall wait till I meet a policeman"—we met a constable, and I gave her in charge—she put the halfcrown, she had given to me, in her purse, and I saw the policeman take the purse, and take the half-crown out of it—my husband gave the policeman the other half-crown.
GEORGE FROOME . I am the husband of the last witness—I remember, one Friday evening in April, finding two shillings in the till, one was bad—I threw it in the fire and it melted—on 6th May, about a quarter-past 10, I found a bad half-crown in the till—there was no other half-crown there,
only three shillings—I said something to my wife about it, and put it under the cloth of the drawers in the bedroom—on Saturday, 21st May, about 6 in the evening, I saw the prisoner in the shop, and my wife showed me a bad half-crown which she said she had taken from the prisoner—I said to her, "You have been in my shop before; I have got one in my bedroom just the same as that"—I brought the other one out and they appeared to be the same—the prisoner left the shop, and my wife followed her—a policeman afterwards came, and I gave him the half-crown which had been passed the Friday before—I had kept it by itself.
ELIZA WATTS . I am the wife of Charles Watts, and lodge at Mr. Froome's—on Friday evening, 6th May, I was in the shop—I saw the prisoner there then, and saw her give Mrs. Froome half a crown, and get the change—I am quite sure she is the person.
JOHN MILLER (Policeman, E 38). Mrs. Froome gave the prisoner in charge to me, on 21st last month, for uttering a bad half-crown—she said it was in the prisoner's purse—I took the purse out of her hand and found the half-crown, also a halfpenny, and two ear-drops—I received another halfcrown from Mr. Froome (produced)—the prisoner gave a correct address.
Prisoner's Defence. I hope you will be as lenient with me as you can, I have one child lying dead now, and two more to support; I did not know the money was bad; it was given to me by a gentleman; I have never been in custody before.
GUILTY.—Recommended to mercy by the Jury.
Confined Four Months.
MR. POLAND conducted the Prosecution,
The prisoner being a foreigner the evidence was interpreted.
JOHN GEORGE TIERNEY (Policeman, H 154). On 16th May, at half-past 11 at night, I was off duty, and standing at the corner of Johnson's-court, Leman-street, Whitechapel, in company with two other constables in plain clothes—the prisoner, with two other Germans, came through the court, and I received a blow from the prisoner on the left cheek bone—he hit me with his fist—I said to him, "What is that for?"—he said, "Yes, you b—, I will give you something else, raising his right hand—at the same time I saw the blade of a knife, apparently a penknife—I raised my left hand, and the blow struck me at the back of the hand—blood flowed from the wound—the prisoner then ran into a house close by—I followed with the other two constables to apprehend him, and we were surrounded by about twelve or fifteen Germans—the other constables having truncheons used them for the purpose of taking the prisoner—at last, after a struggle, we got the prisoner out of the passage of the house into the street, and conveyed him to the station, which was directly opposite—the doctor attended me—I never saw the prisoner before this—he had been drinking—he spoke broken English to me when I spoke to him.
Prisoner. Q. Was it not a stick I had in my hand and not a knife? A. No—I saw the blade of a knife—you were struck by the other constables—I had no stick.
HENRY DEVLIN (Policeman, H 81). I was with the last witness at the corner of Johnson's-court when this affair took place—the prisoner came through the court, and without speaking, deliberately lifted his hand and
struck the last witness in the face—he asked him what he did that for, and he said, "You b—, I will give you something else," at the same time he raised his right hand—I saw something glitter, and he struck the last witness with it on the hand—he then threw it away, and ran off—I heard it fall—I could not see what it was—I got a lamp to look for it, but could not find it—there were a number of people there—I went inside the house with the last witness, after the prisoner—he gave me a severe kick in the knee when we got indoors—I used my truncheon—the prisoner was taken to the station.
Prisoner. Q. Was it not a stick I had? A. No—I am certain it was not.
GRAINGER TANDY . I am a surgeon, of 2, Spital-square—on the morning of 17th May, I examined the hand of Tierney—I found an incised wound about three-quarters of an inch long at the back of the left hand; it extended nearly to the bone—it was such a wound as might have been inflicted with a penknife; a stick could not have done it—it was dangerous in consequence of its position—I saw the prisoner at the police-station, and dressed his head—he had some wounds on his head, such as might have been inflicted by a truncheon—I should think he had been drinking.
The prisoners statement before the Magistrate; "I don't know whether I was along with anybody, or how it was that I got into a row with the police; I have not carried a pocket knife for three years; the police say there' were" twelve of us there, that is not so; I have been told there were only three of us; they have knocked my head all to pieces; the doctor at the station-house strapped my head up.
GUILTY .— Confined Twelve Months.
The following prisoners PLEADED GUILTY:—
571. WILLIAM HEATH (38) , to embezzling and stealing 1l. 6s., 5l. 4s., and 3l. 5s. the property of John Passmore Edwards, his master.— To enter into his own recognizances in 20l. to appear and receive judgment when called upon. [Pleaded guilty: See original trial image.]
575. FREDERICK JOHN BUNNEY (26) , to embezzling 4d. and 6d.; also to five indictments for forging warrants for the receipt of money; also to obtaining the same by false pretences.— [Pleaded guilty: See original trial image.] Judgment Respited.
576. WILLIAM FRANCIS (18) , to four indictments for stealing 1 watch, 1 pair of boots, and other articles, the property of Edward Newling and others, his masters,— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
577. PATRICK DRISCOLL (23) , to stealing 1 purse, and 9s. 6d. the property of Emma Bennett, from her person.— He received a good character.— Confined Four Months. [Pleaded guilty: See original trial image.]
578. JOHN COATES (26) , to feloniously marrying Ada Young, his wife Elizabeth Ann being then alive.— The second wife stated that she "knew the prisoner was married when she married him, and that he had behaved well to her.— Confined-One Week. [Pleaded guilty: See original trial image.]
579. WILLIAM JONES (18) , to a robbery, with violence, on Mary Ann Bowers, and stealing from her 2 coats, 2 waistcoats, and 2 pairs of trowsers.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
NEW COURT.——Monday, June 6th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution, and MR. LEWIS the Defence.
ELIZABETH CHAPMAN . I serve at the Post-office, 7, St. James's-street; it is a baker's shop—on 25th May, the prisoner came and asked for seven shillings' worth of stamps—she gave me a florin, and a bad crown, which I passed to Edward Jobbins, and he broke it in two.
EDWARD JOBBINS . I saw the prisoner in my shop, and asked her what she wanted for the crown and florin which I held in my hand—she said, "Seven shillings' worth of stamps"—there had been an understanding at that time that the crown was bad, and the prisoner took me aside and whispered that she had received it from a gentleman—I gave her in custody—going to the station she said that a person met her and said, "There is 5s. to go to the Derby"—afterwards she said that somebody who keeps a betting-book at the bottom of Farringdon-street gave it to her, and that she afterwards thought it would be better to buy some postage stamps to send to her mother—I gave the crown to the constable.
Cross-examined. Q. Is this right, "A man who stands at the corner of Farringdon-street making bets gave it me to go to the Derby, but I thought it would be better to get five shillings' worth of stamps to send to my poor sick mother?" A. Well, the account is incorrect, but that is substantially what she said.
MORRIS PIKE (Policeman, C 51). The prisoner was given into my custody—I took her to the station—a purse and a penny were found on her—she said that she lived at 1, Leicester-buildings, Leicester-square—I received this crown from Mr. Jobbins.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
JAMES RUSSELL I am in the service of Mr. Bates, a hairdresser and perfumer, of 20, Glasshouse-street, Regent-street—on 19th May, the prisoner came for a packet of violet powder, which came to sixpence—she gave me a half-crown—I put it in a box by itself, gave her the change, she left, and I afterwards discovered that it was bad—on 25th May, she came again—I recognised her directly, and told Mr. Bates that she was the person who had passed the half-crown—she asked for a packet of crimping hair pins, which came to sixpence, and gave me a half-crown—I found it was bad, gave it to Mr. Bates, and sent for a policeman.
Prisoner. Q. You said that you put the half-crown in a box with two shillings? A. No, the two shillings were taken afterwards.
JAMES BATES . On 19th May, Russell gave me a half-crown, which I afterwards gave to the policeman—on 25th May, he gave me another halfcrown, which I gave to the constable, and gave the prisoner in custody—she said that she did not know it was bad.
JAMES ADAMS (Policeman, C 135.) On 25th May, the prisoner was given in my custody with these two half-crowns (produced)—a good half-crown was found on her—she gave her address at Bermondsey, which I found to be corrects.
GUILTY .— Confined Twelve Months.
The following prisoners PLEADED GUILTY.—
587. THOMAS CHAPMAN (20) , to three indictments for feloniously forging and uttering receipts for money, with intent to defraud, and to stealing 1l. the property of Charles Thurston.— Confined Eighteen Months; [Pleaded guilty: See original trial image.] and
588. JOHN WALTER SHEPARD (20) , to three indictments for unlawfully obtaining goods by false pretences.— He received a good character. [Pleaded guilty: See original trial image.] Recommended to mercy by the Prosecutor.— Confined Eighteen Months.
OLD COURT.——Tuesday, June 7th, 1864.
Before Mr. Common Serjeant.
MR. METCALFE conducted the Prosecution, MR. F.H. LEWIS the Defence.
MATTHEW HENRY HOARE . I am in the service of John Corby Thompson and others, warehousemen, 21, Bread-street—I am salesman in the silk department, which is on the first floor—there is a warehouse on the ground floor, with stairs leading up to the silk room—the prisoner was a porter in the house—on 16th May there were 10 pieces of silk that came in that morning left on the counter in the silk room—I opened them myself about 10 o'clock that morning, and placed them on the counter—this is one of the pieces—I was in the room all the morning till 2 o'clock—two or three buyers came in—I attended to them—they were respectable persons from the wholesale houses in the City, who I am accustomed to see there—I saw the silk safe after they had gone—I left it safe at 2 o'clock when I went out to my dinner—Mr. Court, the manager, then succeeded me—he came in before I went out, and I left him there—I left the silk safe at that time—I returned about half-past 3, and then missed one of the ten pieces.
Cross-examined. Q. Were the buyers there all at the same time? A. No, they came in at different times—I did not count the ten pieces of silk each time after one of the buyers left, but I know they did not take it; I was looking—I don't believe they could have taken it without my seeing it—I counted the pieces when they were brought in—I did not count them again till half-past 3—there were three or four buyers came in; I can't remember how many—no other persons came in—persons in the establishment may have gone through—there are about fourteen persons in the employ—it is not exclusively a silk house; we sell Bradford goods upstairs—I don't think half a dozen persons passed through—I should say about three or four—they were very likely going through to the other departments; they would have to pass through to the velvet department, and out again—when the porter goes out with goods he takes boards with him—we send out goods that way if there are several pieces—a single piece would be tied up in paper.
left I remained for about a quarter of an hour—no one was there when I was there—the lad Harrison came in about 2 o'clock, about a quarter of an hour after I entered—he remained when I left—he was the only person that came in while I was there—I had noticed the ten pieces of silk about half-past 11 that morning when I examined them—I did not notice them particularly before I went out when I left Harrison there—they were lying on the counter.
Cross-examined. Q. Have you ever missed silk before? A. We have—I can't say whether it was while somebody was looking on—we have never missed any after one of the buyers has been there to my knowledge.
MR. METCALFE. Q. Have there been pieces missing in rather a suspicious way lately? A. Yes, before this—my attention had been called to that, and in consequence of it we never suffered the department to be left.
FREDERICK ALFRED HARRISON . I am in the employ of Messrs. Thompson—I was left in the silk room when Mr. Court went out—while he was out the prisoner and another porter, named Wood, came into the room—they came in about the same time, but not together; one after the other—the prisoner came in first—he said it was very hot—it was hot—I was writing out an invoice at the time on the counter—I kept on writing—the prisoner came and leant on the counter about a yard from me—the silk was on the counter behind him, further from me—he was between it and me—I still continued writing all the time he was there—he remained about five minutes—he had nothing to do there; only to leave his boards—those are boards that he carries to put outside the silk to prevent its being crushed—he brought the boards in and left them—he said that he ought to have had a cart to take the goods out in—the load was too heavy for him—I did not give him anything to. take out—while I was there I did not remove the silk, or part with any of it.
Cross-examined. Q. Was it the prisoner's duty to bring back the boards after he had taken out silk? A. Yes, and to leave them where he did—no one was in the department with the silk while I was there—it was my duty to watch it—I did not look at it while the prisoner was there, he being one of the porters in the warehouse, I did not think he would touch it—I saw him go out—I did not see whether he had anything with him or not—I did not see him with anything—the piece of silk that was missed contained ninety yards—the prisoner was in his shirt sleeves, and had an apron on—he had no coat on—if he had had anything in his hand, or under his arm, I think I must have seen it—I did not see him with anything.
MR. METCALFE. Q. YOU say you were writing? A. Yes—I raised my head several times to answer his questions—when he left I did not look at him to see whether he had anything or not; I merely lifted up my head and looked at him—if he had had anything under his apron I should not have seen it—Wood only came just inside the room, and put his boards just inside the door—he did not come up to the counter; he merely put his boards inside, and went away—he put them against the wall, about two yards inside the door—he could not have taken the silk from where he stood.
COURT. Q. How far were you from the door? A. I should think it was about five yards—the counter extended from where I was writing in a direction towards the door—the prisoner was leaning on the counter between me and the door, and the silk was lying between the prisoner and the door—to go out at the door he would have to pass those pieces of silk—his back would be to me then—he was just turning out at the door when I saw him—I did not see his hands or his face.
ALFRED TOLLER BEDDALI . I am an entering clerk in the employment of Messrs. Thompson—I sit at a desk in the warehouse, which is on the ground floor—from my desk I can see every person who comes in and goes out of the house—they must come through the warehouse to go into the silk-room—I have instructions to notice people who come in and go out—I know the prisoner as under-porter there—on 16th May, about 2 o'clock, I saw him come into the warehouse and go straight up stairs to the first floor, towards the silk-room—he remained there about ten minutes, and then came down stairs with a piece of silk under his arm—he went straight out of the ware-house into the street—the silk was wrapped up in paper of this description, and the ends were open in this way—he was carrying it under his arm—I could Bee it distinctly—I told one of the porters, Wood, what I had seen—about a quarter of an hour afterwards I saw Graham, the head-porter, and told him—when the prisoner came down stairs, as he was passing out, I called him, and said there were some goods to take out—he did not stop; he went straight out—he must have heard me—it was his duty to take out the goods that I spoke of—when I spoke to Graham he looked to see whether the prisoner's book was in its place—his books are kept just by me—I could see that the book was there—it is a delivery-book which the prisoner took out to get the signature of the customer—he was not allowed to take out any goods without obtaining that signature—the prisoner returned about a quarter or twenty minutes past 3, and Graham asked him where he had been with that piece of silk—the prisoner said he had not taken anything out—I said, "I am certain you did; you had it under your arm"—he still denied having taken anything out.
Cross-examined. Q. Be careful if you please, do you mean to say that you saw him actually take a piece of silk? A. Yes; I am certain it was a piece of silk—I said on my first examination that I saw something under his arm—an attorney was not employed on that examination—one was employed afterwards, Mr. Wontner—he asked me one or two questions—I don't remember whether he asked me if it was silk or not—I did not hear that a piece of silk had been missed before the prisoner returned—I am certain of that—Mr. Hoare first told me of it—about 4 o'clock I saw the prisoner go up stairs with his boards—he had no coat on; he had an apron on—the warehouse door is about two yards from the bottom of the stairs, and the entering desk is opposite the door—there is another besides me sitting there, but he was out at that time.
HENRY GRAHAM . I am head-porter at Messrs. Thompson—the prisoner is under me—about 2 or 3 o'clock on 16th May the lad Beddall came to me—I asked him where the prisoner had gone—he said he had gone out with a piece of goods—I then went and looked in the rack to see if the books were there, and the prisoner's book was there—if he went out with goods for a customer, he ought to have taken his book with him—I took no more notice of it until I returned from dinner—I then asked the prisoner how it was he had taken a parcel out without having it signed for—he said he had not taken any parcel out; it was merely some pieces of paper which he had brought down, and thrown on the bales, which were downstairs—Beddall said that he was carrying a piece of silk goods in his hands or under his arm, I don't remember quite which—the prisoner said he had not taken any goods out—it was after Beddall said that he had seen him carrying a piece of silk goods down when he said that—it was perhaps two or three minutes after in the same conversation—the bales were in the warehouse on the ground-floor—a person coming down stairs and going out at the door would have to
pass the bales—the lad Beddall said he came down stairs and went direct out—he did not come the next day; he sent word that he was not well—he came on the Wednesday—this was on the Monday—when he came on Wednesday he was given into custody—he then said he had been ill—I heard him say he had had a fit.
EDWARD HANCOCK . I am a detective officer—I was called into the counting-house of Messrs. Thompson, on Wednesday, the 18th—the prisoner was called up, and Mr. Thompson said he wanted to speak to him respecting a piece of silk that he had taken away the day before yesterday—he said he had not taken anything out—Mr. Thompson said he should not accuse him unless he had good grounds for doing so—he was then given into custody—he denied two or three times having taken anything out—I heard nothing about a piece of paper.
Cross-examined. Q. He denied taking the goods? A. Yes; he said he had taken nothing out.
MR. H. HOARE (re-examined). I believe they have a list of the addresses of the servants in the counting-house.
NOT GUILTY .
MR. LEWIS conducted the Prosecution, and MR. KEMP the Defence.
HENRY EDWARD JONES . I am assistant to Messrs. Gass and Co., 166, Regent-street, jewelers—about six or seven weeks ago, I should think, the prisoner came and asked to look at some waistcoat chains—I showed him some, and then he asked to look at several other things—I showed him some charms at his request—I afterwards missed some—these are them (produced)—the value of them is about 2l.—I did not sell them to him—they are some of the same I showed to him.
Cross-examined. Q. Can you tell me the exact day the prisoner came? A. No; I saw him altogether about three times—he came twice before with some trivial excuse, and the third time I missed these things—they were made in Paris—they are not sent over in large quantities—they are not manufactured exactly for our shop, but you would have great difficulty in matching them in London, because there are so few of them made—all I can say is that I had in the shop at this time similar charms to these—I was not at the prisoner's premises when they were searched—he gave me no address—I did not ask for any—he said he had to purchase a chain for a friend, and he left the money on condition that I should return it to him if his friend did not like it—he paid me 16l. 10s. in gold, the value of the chain—he brought the chain back again the next day with some trivial excuse, and I missed the charms the morning after—I did not look at them when he brought the chain back—if those charms were taken at all by him they must have been taken when he bought the chain—we kept these charms in a tray, not in the window—there were not many of this description in the tray.
ROBERT LEWIS SPRAKE . I am a detective officer—on 11th May, I searched a box at the prisoner's lodgings and found these two charms in a secret place in the box; there were two secret places, and these were in one—I searched it twice before I found them.
Cross-examined. Q. The prisoner is a foreigner, is he not? A. Yes—
there were some other things in the. box, which are not identified—I found some razors which were identified.
NOT GUILTY .
MR. LEWIS conducted the Prosecution, and MR. KEMP the Defence. GEORGE PEGLER. I am manager to Mr. Joseph Eglise of Cornhill—the prisoner came on 2d April, and I showed him some diamond rings on a tray—there was one of the value of 45l.—I missed that while he was in the shop, and found another diamond ring there which I had not seen before, of the value of 5l. or 6l.—I took that ring from the tray, handed it to Mr. Eglise, and asked him if he knew the ring—the prisoner might have heard that—he said he did not—the prisoner took up another ring and asked the price of it—it was about 15l. or 16l,—he took up two or three others, one valued about 26l., and then he requested that we would send some one to the Queen's Hotel to get the size, as the lady was there for whom the ring was intended—I sent Mr. Eglise's son with him, and after he had left I made a communication to Mr. Eglise—I saw the prisoner pass the shop about a month after that, and I gave him into custody for stealing the ring—he was then dressed quite differently to what he was when he came to the shop—I am quite certain he is the same person.
Cross-examined. Q. Had you ever seen him before he came into your shop first) A. Never—the tray I showed him was full of rings—there was more than one ring there worth 45l.—there was one worth 60l. and one worth 200l.—I believe the detective has the ring that was put in the tray; I never saw the other ring again.
STEPHEN EGLISE . I am the prosecutor's son—I was sent to the Queen's Hotel with the prisoner—my father told me in the prisoner's presence to take a bill and receive 10l. on deposit, and get the size of a lady's finger—we went to the hotel, which is opposite the General Post-office—I went into the passage with the prisoner, and he went down another passage—I waited about two minutes, and he then came back and told me the lady was not in, and if I called at 12 to-morrow he would give me the size—I then went away—I asked him his name, and he said they had got it at the shop—I noticed that he had a club foot—I am quite certain that he ¿s the man—I did not call the next day at 12; my father discovered something in the meantime.
JOSEPH EGLISE . I am a jeweller of Cornhill—I do not live there—my housekeeper and two servants live on the premises—I recollect the prisoner coming to my shop, and Mr. Pegler showing him some rings—he handed me a ring and asked me the price of it—I had never seen that ring before—I knew of a 45l. ring being in the tray—I saw it there the day before.
Cross-examined. Q. Was that ring put in the window? A. Yes; it was always before me—I can see into the window from the counter—the rings are not taken out of the window at night—I serve in the shop myself.
WILLIAM HOCKLEY (City-policeman, 432). I took the prisoner on this charge—he said he knew nothing about it; he was a stranger, and on his way to Italy—he has a club foot—I found on him a gold watch and chain, 20l. in gold, a 5l. note, some greenbacks from America, and other coins, and some pencil-cases.
Cross-examined. Q. Were they silver coins? A. Yes; I do not know the value of them.
quantity of things—a large diamond ring, worth about 40l., which cannot be identified, six caps of different colours and shapes, six coats, six pairs of trousers, and seven vests.
Cross-examined. Q. Did you find any money? A. 50l. in gold.
COURT to GEORGE PEGLER, Q. Did you see the ring the day the prisoner I was there? A. I did; that morning.— GUILTY .— Seven Years' Penal Servitude.
CHARLES BRUFORD . I live at 8, Well close-square, and am an appraiser—I on 11th May, about 9 in the evening, I was at my door, and heard some one call "Police!" and" Murder!" and then saw the two prisoners closely followed by the prosecutor, running as fast as they could run—they ran into my side door—there is a fire engine station opposite—I was talking to the fireman, and we kept the door closed until the arrival of the police—it is an eight-roomed house—they could go all over it—we afterwards found one of them concealed up the chimney of the attic, and the other one behind the water-butt in the kitchen—I found a latch-key on the step of my door which the prosecutor afterwards identified at the station—I then went back with the police, and in the second-floor of my house we found the prosecutor's purse—it contained a penny, a halfpenny, and a farthing.
HENRY HUTHERSTAYE (through an interpreter). I live in Grove-street—I am a German—I don't understand much English—I am a sugar baker—on 11th May, about half-past 9 in the evening, I was walking along Ship-alley, three or four men came towards me; one laid hold of me from behind, and another one put his hand into my pocket—they then ran away, and I ran after them—they ran into a house—I called out for a policeman, and the police came—one of them struck me at the time they put their hands in my pocket—the tallest one had hold of me—I cannot say whether he struck me or not—I was struck one blow in the eye—I afterwards saw my purse and key; it was a box key—they had been quite safe in my pocket before.
Mann. He said at the other court it was Desmond struck him, and he said I caught hold of him.
PHILIP BRADLEY (Policeman, H 59), I received information, and went into Mr. Bruford's house—I found Desmond behind the water-butt, and my brother constable found the other one up the chimney—I asked Desmond what he was doing—he said, "All right; don't hurt me, I am only come to have a sleep"—I saw the last witness hand over the purse to the inspector—Mann was brought down from the upper part of the house.
Desmond's Defence. I was walking along on the pavement, and I heard some one call out, "Stop thief!" The prosecutor ran towards me, and I ran away into this house. I did not want to get into trouble.
Mann's Defence. I left off my work at 9 o'clock, I took a walk and saw some chaps in Well close-square. One of them spoke to me, and then there was a cry of "Police!" and then they all ran away, and being frightened, I ran too. DESMOND— GUILTY .†— Confined Twelve Months.
MANN— GUILTY .*— Confined Twelve Months.
MR. KEMP conducted the Prosecution, and MR. PATER the Defence.
villas, Hampstead—last Saturday week between 4 and 5 o'clock, I spoke to some one in the neighbourhood of Farringdon-station—I walked a short distance with the man I spoke to, and we met the prisoner—he joined the man who first spoke to me—I did not know either of them—I gave the first man a pint of ale; I went into a public-house with him—the prisoner was not with us then, that was before he came up—I afterwards treated the prisoner and the other man to a second pint between them—I did not leave the prisoner, I remained in his company about five hours altogether—I sat down in the second public-house I went to—I went to sleep, requesting the other man to wake me at a certain time, which he did—I awoke between 9 and 10—I found both of the men there—they came out with me, talking to me—when we got to Fleet-street, I asked them to have another pint of ale, and they did so—at that time I had my watch safe; it was at an oystershop, and the prisoner said he wished to have something to eat, as he was starving—I ordered him half a dozen oysters, and the other man the same—I ordered some for myself but did not eat them—we went out, and I hailed a Hammersmith omnibus—the prisoner then put his hand in my pocket and twitched my watch off the guard—I did not see the watch then—he ran away, and I found my watch was gone; the guard was round my neck; it was broken in two—I ran after the prisoner and followed him into Tanfield-court, and he was there stopped by the porter—I did not lose sight of him—I saw my watch the same day—the policeman produced it at the police-station in Fleet-street.
Cross-examined. Q. I believe you were very much the worse for liquor on this afternoon you speak off it I beg to refute it; I confess it was a foolish thing to go and treat two persons whom I had never seen before—I was very much excited—I had had two glasses of stout—I was not drunk—I had come from 8, Crossby-square, my-principal's office, when I met these men—I left there at 2 o'clock, I went into a public-house, and had a glass of stout, and then went with our head-clerk to Farringdon-station, and left him there—I was in his society at different places, on private business—we only visited one public-house—I only had one glass of stout from the time I left the office till I met the men—I meant I was excited after the robbery was committed on me—I was not excited by drink—I asked the man I spoke to direct me to Temple-bar, and to two or three places I wanted to call at—I have been in London seventeen months—I did not know my way from Farringdon-station to Temple-bar—we went by back streets, and I did not know where we were—my reason for remaining in their company and going to sleep was that I had been up all night writing, and I was very tired and I went to sleep—I saw my watch safe when I went to sleep—I did not ask the prisoner to assist me over the road in consequence of my being the worse for liquor—the inspector said I was the worse for liquor, when I made the charge, and I reported him to Mr. Alderman Salomons at Guildhall—it gave me great offence—we were all three close together when I felt the twitch at my pocket—the other man ran through Temple-bar—I did not get into any altercation with a woman who was selling winkles—she did not accuse me of taking her winkles—I did not tell anybody I had lost my watch before the prisoner ran away—after I had lost it I cried, "Stop thief!"—I did not lift my stick to strike the prisoner—I swear I did not say to either the prisoner or the other man, "I have lost my watch"—I never lost sight of the prisoner—supposing he had passed anything to the other man, I think I should have seen it—this is my watch (produced).
heard a cry of "Stop thief!"—I stopped the prisoner—the prosecutor was close to the prisoner's heels—I held the prisoner by the collar, and said, "What is the matter?"—the prosecutor said, "He has got my watch"—a person named Turner, who lives in Tanfield-court, was there—I was talking to him at the time.
Cross-examined. Q. Did you see anybody running in front of the prisoner? A. No; he was the first—there was a great mob after him—I am positive as to the time, as I was just going to shut the top gates, which I do at 10 o'clock—he ran through the Treasurer's-passage—the prisoner ran into my arms—this watch was found three or four yards from where I stopped the prisoner—he threw his coat open before I stopped him and then said, "Search me; I have no watch"—I would not say that he threw the watch away—I did not see it thrown away.
SARAH TURNER . I am the wife of James Turner, of Tanfield-court—I saw the prisoner there on 14th May, about 9, I think—the last witness had hold of him—I found this watch in the area of my house, about three or four yards from where the prisoner was standing—I found it about a quarter of an hour after he was there—it was open when I found it—the light shone on the inside, and that is how I saw it—I gave it to the constable at the police-station.
Cross-examined. Q. Who was the inspector on duty? A. Mr. Cale—I was at the station when the prosecutor was there—he was decidedly the worse for liquor, but not incapable—he was capable of understanding what passed—he was very much excited, and appeared very nervous, and in my opinion he had been drinking as well—he was at first out of breath through running, and very hasty in his talk—it is a hunting-watch—there is a small indentation in it—one of the hands is broken, and the works are stopped.
The prisoner received an excellent character.— GUILTY.—Recommended to Mercy by the Jury and Prosecutor. — Confined Three Months.
BINGLEY— PLEADED GUILTY .*†— Confined Fifteen Months.
MR. HORRY conducted the Prosecution.
WILLIAM CHARLES MONK . I live at 3, Bird's-cottages, Old-ford—on Friday, 27th May, I had a mare worth 10l. on a plot of ground—about mid-day on 27th, my son went to fetch her, and she was gone—I saw her the next day.
EDWIN YOUNG . I am a general dealer, of 22, Preston-street, Bethnalgreen—I know Bingley—on Friday afternoon, 27th May, I was at the Halfway public-house at Hoxton, between 2 and 3—I saw Harris there giving a horse some water—Bingley came up to me and said, "Ted. there is a cheap horse you can buy"—I said, "I have not got money to buy it"—Harris said, "I will make a chop with you"—he meant an exchange—I had a horse there, and Harris said he would take 2l. and my horse for his—I said, "I have only got twenty-four shillings;" and he said, "I will take thirty-shillings"—I said, "No; I will give you 1l. and give you five shillings the next time I see you"—he took the pound, and I told him I would give him five shillings the next time I saw him—
he wrote out the receipt for a pound, and I gave Bingham, a shilling—I then took my horse out of the cart and harness, put the other one in, and drove away—the horse went away too fast, and I had suspicion of it—I left word at the station-house about it, and got some one to follow the prisoners—I went to Smithfield to buy a collar for the new horse, and came back into Bethnal-green-road, and saw Harris there in custody at the station-house—I then gave up the mare I had bought to the police—(receipt read) "John Harris, No. 2, Montague-street, or Horner-street, Whitechapel; exchanged ponies with Edwin Young for 1l 5s. Shaw Cross, witness."
JOHN ROGERS (Policeman, K 59) About 4, on the afternoon of 27th May, I was at a horse-slaughterer's in Buck's-row, and there saw Harris with an old bone—I took him into custody, and some time after Young brought a horse to the station—I showed that horse to the prosecutor the next day, and he identified it as his—from information I received I took Bingley, and told him he was charged with stealing a pony at Old ford—he made no reply then.
Harris. I told him myself that I had suspicion the pony was stolen, Witness. He made several statements—he said that he bought it of a man at Romford—he said he was down on the previous Wednesday and saw the horse, and the next day he happened to meet the owner and the horse in London, and he bought it for 3l. 10s—at the station, after he was charged, he said the horse was given to him to sell.
Harris's statement before the Magistrate:—"I know nothing about it myself, beyond Bingley asking me to go with him to the market—I knew he was going to sell the horse, and he asked me to walk with him as far as the market; I said I did not mind as it was a walk, and I had nothing to do—he did not say where he had got the horse from, but after the horse Was sold I had suspicions; he said he had taken the other one to the knacker's, but he had sold it before he got there to a man named John Clark for a sovereign, and he took it to the knacker's and sold it for twenty-two shillings and sixpence; Clarke wanted to have the old horse killed and I said, 'No; let it stand alive then; if there is anything amiss the man can find it alive.'
Harris's Defence. I was standing outside my door on this Friday and Bingley saw me, and asked me to go with him to the market; I did not mind; he said he was going to sell the horse; he asked me to sell it for him, and I did, and then he sold the other horse for a sovereign; I went to the knacker's, and was taken there; I have witnesses here.
SUSANNAH HARRIS , I am the prisoner's sister—on 7th May, between 12 and 1, George Bingley came down the street on a horse—as he came I said, "Here comes George on a horse—my brother went outside the door and said, "May I go with you?"—Bingley said, "You may if you like;" and he went; that is all I know—the next I heard of it was that Bingley came and told me my brother was locked up for selling the horse.
HARRIS.— GUILTY on the Second Count — Confined Nine Months.
anything to say to her—I only knew her by sight—on 17th May, between 7 and 8 in the evening, I saw her in Victoria-street, Shadwell—she had a jug in her hand—there was a mob of boys after her, and she ran to me, drank the beer, and then struck me across the head and face with the jug—it smashed and cut me—this is one of the cuts—she had a knife in her left hand, and after she struck me with the jug I rolled, and she struck me and cut me under the eye with the knife—I could not help myself—I lost a deal of blood—she said, "I will have revenge"—she attempted to run away, but was stopped, and the police took her to the station—I had my wounds dressed at the station—I had not given the prisoner any provocation at all—I had not hooted her—she was going along like one crazed—she was very much the worse for liquor.
Prisoner. On 17th April, I was standing at her mother's door, which is a brothel, and she came and struck me three times with a key. Witness. I never struck you with a key, or anything—I had no key about me—I never exchanged a word with you.
SARAH TAYLOR . I was present when the prisoner struck the last witness, who is my sister, with the jug and the knife—I was standing near my door, about three doors off—my sister had not said anything to the prisoner before, that I am aware of—the prisoner only struck her once with the knife, that I saw—she might have done it twice—my sister became insensible from loss of blood, and a doctor came to her.
JAMES OWEN (Policeman, K 123). I was on duty in this street, and heard cries of "Murder," and" Police"—I went to the spot, and found the prosecutrix bleeding from several wounds on the head and face, and one on the breast—the prisoner was pointed out to me as the woman who did it, and I took her in custody—directly afterwards somebody from amongst the crowd handed me this sailor's sheath-knife—there was wet blood upon it—they were shouting, "Here is the knife she had"—she heard that and said, "Oh, revenge is sweet"—I took her to the station, and she was charged—she said next day, at the police-court, that the prosecutrix struck her—I was very near the spot when it done—I saw the jug broke, and saw the pieces on the footway.
DANIEL ROSS . I am a surgeon—I found the prosecutrix bleeding from a wound on the head, about an inch long, extending to the covering of the bone—a clean out, and another under the left eye, about an inch and a half long; an incised wound, and a superficial wound just through the skin, and another on the upper lip, also a superficial wound—there were two slight scratches on her bosom—they were all such wounds as might have been made by a jog being broken in the way described, and some of them might have been inflicted by such a knife as this—some of them may have been made with one and some with the other—they were not dangerous—she lost a good deal of blood from the wound in the head—I saw the prisoner, but did not take particular notice of her—I think the prosecutrix had been drinking.
Prisoner's Defence. She was drunk; worse than I was; the police know quite well that five of her family keep five brothels in one street; she said she was married; she is not.
Policeman, K 275, stated that the prisoner had been in custody many times before for violent conduct, and that the prosecutrix was nearly as bad.— Confined Twelve Months.
The following prisoners PLEADED GUILTY:—
596. MARY CULLEN (47) , to stealing 1 wooden block, a jacket, and other articles, the property of William Wade, and another, after a former conviction at Clerkenwell, in 1862.— Confined Fifteen Months. [Pleaded guilty: See original trial image.]
598. ALFRED MORING (16) , to stealing an order for the payment of money.— The prisoner's father stated that his friends would undertake to send him to Canada.— [Pleaded guilty: See original trial image.] Judgment Respited.
NEW COURT.—Tuesday, June 7th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. BEST conducted the Prosecution, and MR. WHARTON defended Wood.
JAMES COCK . I am a carpenter, of 13, Alfred-place—on Saturday night, 14th May, between 8 and 9 o'clock, I was coming out of the Sir Isaac Newton public-house, Kilburn, and just as I got off the step I received a blow—Wood seized my watch-guard and twisted it round his hand—I hallooed out, and Wornham came over and struck me, as did several others not in custody—I stuck to Wood and held him ten minutes, but he got away and ran about fifty yards, when I knocked him down, and kept him for half an hour before I gave him in custody—he had passed the watch away to somebody.
Cross-examined. Q. I believe you knew him by sight about the place? A. Not to my knowledge, and I have lived there three years—I had not been in this public-house for eight or ten months—he was very violent—I could not do a stroke of work for a fortnight afterwards—he was very violent and excited.
COURT. Q. How long had you been in the public-house? A. I had nothing there at all—I went to get a glass of rum for my wife—I am a teetotaller, but she is not.
Wornham. Q. As I was standing at the bar waiting to be served with a pot of beer, how could I be shoving you at the door? A. You never had any beer at all; there was an old gentleman dressed in blue there—somebody said to me, "Halloo, Jemmy, we do not often see you in a public-house"—he slewed me round, which knocked the old gentleman down, and I apologised—I neither shoved you nor interfered with you.
JAMES ELVEY . I am an errand-boy, and live at 13, Alfred-place, Kilburn—I was standing at the door of the Sir Isaac Newton public-house, and saw the prisoners there—Mr. Cock came out and Wood snatched at his watchchain twice, and then ran to the fence—they got Cock down, and Wornham kicked him—Mr. Cock then hit him, and Wornham said, "I will fight you"—he said, "No, I have got a case in hand"—he hit Mr. Cock, who let go of his prisoner, but caught him again—I saw the watch in his hand, but did not see him pass it.
FRANCIS ROGERS . I live at 17, Alfred-mews—I was outside the Sir Isaac Newton, and saw Wood snatch at the watch and take it away—they began punching Mr. Cock, who held them—one of them said, "I have not got the watch, I gave it to my mate," and he said to the policeman, "How long shall I get for thieving the watch?"—Cock had not done anything to them; it was just as he stepped out at the door.
Cross-examined. Q. Was there a sort of indiscriminate row and disturbance? A. Yes.
HENRY ALLEN (Policeman, D 80). On Saturday night week the prosecutor called me and charged Wood with robbing him of his watch—I told Wood the charge; he said, "It is a lie"—on the way to the station he said, "What do you think I shall get for this?"—I said, "I do not know"—I took Wornham on the next Monday, and charged him with being concerned in stealing the watch—he said that he did not know what watch, and then he said, "All right."
NOT GUILTY .
600. JOHN UPPEL, (27), and HENRY WATSON, (24) , Burglariously breaking and entering the dwelling-house of Nathaniel Liberty, and stealing therein 1 liqueur-stand, 1 sugar-basin, and other articles, his property; to which
UPPEL PLEADED GUILTY .†— Five Years' Penal Servitude.
MR. DALEY conducted the Prosecution, and MR. COLLINS defended Watson.
NATHANIEL LIBERTY . I am a clergyman, and live at 27, Hereford-square, Brompton—on 3d May, my house was broken into, and I missed various articles—these spoons, sugar-tongs, and coins (produced) are mine; these other articles are my mother-in-law's, who lives with me—I also lost 2l. 10s. 8d.—the spoons were safe in the dining-room the night before.
JOHN WATTS (Policeman, T 315). On Tuesday morning, 3d May, about a quarter-past 2 o'clock, I was in Attwood's-lane, Kensington, and heard a noise, as of glass breaking—I then heard footsteps, and saw the prisoners come out of a field into the lane—I stopped them, and asked what they were doing—Uppell said, "What odds is that to you?"—I was in plain clothes—Uppell had a bag on his back—I asked him what he had got; he refused to tell me—I told him that I would know—he asked me what I was; I told him I was a police-constable—he asked me where my authority was; I showed him my card, but he was not satisfied—I told him I should take him to the station—he said that if he went there he should be locked up, and refused to go—this was right under a gas-lamp—Watson stood at his side facing me—Uppell said, "Will you take a cab to go to the station?"—I said, "No, it is only three minutes' walk"—he wanted Watson to go with him, but Watson said, "I shall stop here till you come back"—I asked him what he had got in the bag—he said, "Some old plate"—I asked him where he got it—he said that some gentleman gave it to him down the road—I asked him where the gentleman lived—he said, "I do not know"—I said I should take him to the station—he refused to go, and asked me if I would allow him to speak to his friend for a moment—I said "Yes," and as he was speaking to him be put his hand into his pocket and pulled out this card-case (produced) with cards in it, and passed it to the other prisoner—I took it from him, upon which Uppell struck me on the mouth, took me by the hair of my head, and dashed my head against the post of a fence—I sprang my rattle, and Seymour, another constable, came and assisted me—I took Uppell to the station, and found some other property on him—he was taken before a Magistrate, and remanded—after that, on the 5th, I was at the House of Detention, and Watson came there to see Uppell—I knew him as soon as he put his head inside the door—I spoke to Sergeant Clark, and took Watson in custody—Hereford-square is forty or fifty yards from where I saw the prisoners, and they were coming from the square—Watson escaped over the fence, and went towards Hereford square again.
Cross-examined by MR. COLLINS. Q. Was it quite light? A. It was just daybreak—as soon as Uppell struck me on the mouth Watson ran away—
the conversation was four or five minutes taking place—Watson was dressed as he is now, and had a sort of Billy-cock hat, which concealed part of his face—Watson was taker, in custody as soon as he had seen Uppell in the prison—he asked at first for Uppell before I identified him; I heard him ask before I thought he was the man—he was about ten minutes with Uppell, and when he came out I told the sergeant to take him—I have been eleven months in the police—I have never had a case of identity before.
MR. DALEY. Q. Did he run away before or after the other constable came up? A. Before.
GEORGE SEYMOUR (Policeman, T 311). On Tuesday morning, 3d May, I was in Hereford-square, and heard a policeman's rattle—I saw Watson struggling with Uppell, and saw a man, about Watson's height, running away, about twenty yards from me, but I only saw his back.
GEORGE CLARK (Police-sergeant) On Thursday, 5th May, I was with Watts, the constable, at the House of Detention—Watts said something to me about a man who had just come in, in consequence of which I met Watson at the gate as he returned from visiting Uppell—I told him I was a policeman, and should apprehend him for a burglary on the morning of the 3d at Hereford-square, Kensington—he said, "You are quite mistaken, for I have not been in Kensington for years, and can prove that that night I was at home in bed with my wife—I asked him where—he said, "4, George-street, Hampstead-road"—I said, "Are you employed anywhere?"—he said, "Yes, I am a smith, and Work for Mr. Davis, of Marlborough-mews"—I Said, "Were you at work on Monday last?"—he said, "Yes, and on Tuesday, and up to to-day at 12 o'clock—I was about to search him—he put his hand in his pocket and pulled out this letter (produced), Which he put between his teeth, tore it, and threw it on the stones in the yard—I took him to the station—the pieces of the letter were picked up and given to me—(This was addressed, "Mr. Thornton, 24, Charles-street, Drury-lane" from John Uppell, in the House of Detention, requesting Thornton to come and see him on Thursday, and not to say where he was, as he did not wish it to be known that he was locked up, and stating that he was ill, having" got wet through that night")—I went to 4, Little George-street that day, but could hear nothing about the prisoner there—I inquired at Mr. Davis's.
COURT (to JOHN WATTS). What sort of à night Was Sunday night? A. A very wet night; I am sure of that.
MR. COLLINS. Q. Was it raining between 2 and 3? A. Yes, very fast indeed when I saw the prisoners.
WATSON.— NOT GUILTY .
601. JOHN UPPEL was again indicted, with MARY ANN WATT (21) , for burglariously breaking and entering the dwelling-house of Amelia Enderby, and stealing therein 1 clock and other articles, value 20l., her property.
MR. DALEY conducted the Prosecution, MR. HUDSON defended Uppell, and MR. WHARTON defended Watts.
AMELIA ENDERBY . I am single, and live at 12, Neville-terrace, Brompton—on Friday night, 8th April, about 11 o'clock, I fastened all my doors and windows, and next morning I missed a clock, a cameo, a tortoise-shell dressing-case, and other things, which were safe the evening before—another clock was removed from the dining-room into the kitchen, and put in a bag—these articles produced are mine.
I took a pair of boots from Uppell's feet, and gave them to Holden—I afterwards received them back from him.
Cross-examined by MR. HUDSON. Q. Did you notice anything particular about the boots? A. No, they are an ordinary pair.
WILLIAM JAMES HOLDEN (Police-inspector) On Saturday, 9th April, I went to Mrs. Enderby's house, and found that it had been broken into—on the 11th I saw Uppell at the police-court—I received a pair of boots from Booking, which I compared with the footmarks on the garden-bed by making an impression by the side, and they corresponded—I had them carefully preserved, and there was also a mark of a smaller foot—on Monday, the 16th I went to the house of Watts, in the Edge ware-road, and saw the prisoner, Mrs. Watts—I told her I had a search-warrant, and had come to search for stolen property—the man she lives with was not there—she went to a drawer and brought out a case, from which I took this tortoise-shell needle-case—I said, "This is very much like the one I am in search of, part of the proceeds of a burglary at 12, Neville-terrace"—she said, "That cannot be; it was given to me by my aunt at Dublin"—I said, "I must take you in custody, and make a further search"—I did so, and found in the drawer this cameo, these coins, some Roman pearls, and this pin-cushion—she said, "Do not take me, I will make a clean breast of it; they were given me by a man under remand at Hammersmith police-court; I do not know him by the name of Uppell; I believe his real name is Fletcher; I believe him to be a respectable man"—on a further search in the bedroom Seymour, in my presence, found this little silver seal; in a box in another drawer I found this looking-glass—I said, "I shall take this with me"—she said, "Do not, it is my property, it belongs to my work-box"—I said, "Where is the frame?"—she said, "It is broken up"—this chisel and other tools were found by Seymour, in my presence—I asked her about her husband; she said that he was at work—I sent for him and took them both in custody, but he was discharged on remand, having brought his master to prove he bore a good character—I received a pincushion from the female prisoner—when Uppell was brought up on remand, he said that he gave her the cameo and pincushion.
Cross-examined by MR. HUDSON. Q. What made you bring that little looking-glass here? A. Because it fits Mrs. Enderby's work-box.
Cross-examined by MR. WHARTON. Q. Did Watts willingly give you access to her drawers? A. She opened them—I said when I went in that I came to search for property, and that I had a search-warrant; I said that at the police-court—these are the articles which Uppell said she gave to Watts; they are little trinkets such as women like to have—she gave evidence at the police-court.
NOT GUILTY .
602. JOHN UPPEL and MARY ANN WATT were again indicted for burglariously breaking and entering the dwelling-house of Arabella Fennell, and stealing therein a silver ink-stand and other articles, her property, upon which MR. DALEY offered no evidence.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
GUILTY of the attempt. — Confined Twelve Months.
The following prisoners PLEADED GUILTY.—
606. MARK TIMON (26) , to feloniously forging and uttering a certificate of his character, with intent to obtain a situation as constable in the City police force.— Confined Six Months; [Pleaded guilty: See original trial image.] and
607. JOHN PALMER (32) , to three indictments for stealing 3s. from Robert Regg, 2s. 4d. from Edward Augustus Blyth, and 5s. from Alfred Jones. The officer stated that there were seven other cases against the prisoner, all for robbing little boys.— Six years Penal Servitude. [Pleaded guilty: See original trial image.]
OLD COURT—Wednesday, June 8th, 1864.
Before Mr. Justice Crompton.
The prisoner was stated not to be in a state of mind to plead to the indictment, and upon the evidence of Mr. John Rowland Gibson, surgeon, of Newgate, and Dr. Chapman Baggalay, of Hanwell Asylum, the Jury found him to be of unsound mind. Ordered to be detained till Her Majesty's pleasure be known.
MESSRS. GIFFARD and BEASLEY conducted the Prosecution; MR. RIBTON the Defence.
PATRICK SLATER . I am a labourer—I knew the deceased man Eames—on the evening of 19th April, between 9 and 10 o'clock, I was walking along Bell-street, Paddington—I came in front of the Brazen Head public-house—I looked in there, and saw two men named King and Donogan fighting—I saw the prisoner there—he was doing nothing, but sitting on a seat—he came out and went across the road—I saw Eames come out of the Brazen Head shortly after, almost directly—he said something—the prisoner was then on the opposite side of the road, I don't know whether he could bear it—Eames followed the prisoner right across the road, and they both apparently commenced fighting—they had scarcely commenced fighting when the prisoner hallooed "Police"—I saw them both in a fighting attitude, and saw them strike at each other—Eames returned back to where I was standing, and said he was stabbed—the prisoner went right away as soon as Eames returned back—I believe he went into the beer-shop—Eames did not show me anything—I did not see any wound or any blood—he fetched a policeman, and took him into the beer-shop where the prisoner had gone.
Cross-examined. Q. Before you went to the Brazen Head had you been at the Black Man? A. Yes—Eames had been there also, and the prisoner—I did not hear Eames say to the prisoner, "If you come into the public-house I will knock your lights out, you sod"—I don't know whether the prisoner went away—I did not follow him to the Brazen Head—I don't know whether Eames did—I dare say it was about twenty minutes afterwards when I got to the Brazen Head—Eames was then inside the house, and Murphy also—I did not notice whether he was smoking—I did not see any pipe or anything in his hand—I don't know whether he had anything in his hand or not—when Eames came out Murphy had got across the road—I can't say whether he ran across after him—he walked rather quick—he
crossed the road towards him—I can't say whether he struck Murphy before he turned round to look at him—Murphy was going right towards the opposite side, right away like—he had his back to him, and was going on at the time—I did not see Eames strike him in that position before be turned round—I could not see which struck first—apparently the front part of Murphy's body was turned towards him, but it was late at night, and I could not see very well—I did not see them on the ground—I could not say one way or the other whether they both fell—I am sure it was Murphy that called out "Police." as far as I could discern his voice—I could not say whether the voice came from a man who was on the ground—it was immediately after I heard Murphy call out "Police" that Eames came away from him and returned to me.
MR. GIFFARD. Q. Were you on one side of the road, and these men on the other? A. Yes—I did not see either of them down on the ground.
CHARLES LAWRENCE . I am a shoemaker of 52, Lisson-street—that is right opposite the Brazen Head—on the night in question I was at home looking out of my window—I saw the prisoner come out of the Brazen Head—he stood for a moment on the kerb, on the same side as the public-house—I saw Eames come out of the Brazen Head, I should think hardly a minute afterwards—he rushed at the prisoner in a fighting attitude—the prisoner ran backwards into the road, calling the aid of the police—I saw Eames strike at the prisoner, but I can't say whether he struck him—they closed after that in the middle of the road, and after they separated I thought Eames was stabbed—I saw him put his hand to his side as soon as they separated, and walk away—I had seen the prisoner make an attempt to strike the deceased an under-handed blow—I was not near enough to see whether it touched him—it was in the front part of his body—I never saw either of them on the ground—if they had been I think I should have seen them.
Cross-examined. Q. What distance were you from them? A. I can't say exactly—I was on the second floor—they were not right under me, but a little to the left; it might be the width of this court—there was no one with me except my wife—I never saw any blows exchanged—they were both in the attitude of fighting—I did not see Slater—blows might have been struck without my seeing them, as I was some distance from them—I am positive neither of them was knocked down—I did not see either of them on the ground or on their knees—if they had been I must have seen them—I was looking at them all the time—I saw them close, the same as if they were cuddling one another or wrestling—I did not know either of them—I believe the deceased was a younger and stronger looking man than the prisoner—I did not see the prisoner smoking—I did not notice—I did not watch him, not thinking that anything of this kind would occur.
ROBERT BROWN . (Policeman, D 259). I attended at St. Mary's Hospital when Mr. Yardley, the Magistrate, took the deposition of Eames—the prisoner was present and cross-examined him—I afterwards saw Eames dead. Cross-examined. Q. Was the deceased in bed? A. Yes—he was sworn—he was not very faint—it was about three weeks before his death—I was alongside of him—it was a very large room—Mr. Yardley was sitting beside him—the prisoner had no attorney there—he was close to the foot of the bed—he could hear what was said.
MR. GIFFARD. Q. I believe you witnessed the signature of the Magistrate and the deceased? A. Yes—the prisoner had the opportunity of crossexamining Eames as much as he liked—(Deposition read. "I am a shoe-maker,
living at 27, William-street, Lisson-grove. I was at a public-house called the Brazen Head in Lisson-street; the prisoner Murphy was in the public-house, but not in my company. I knew him before, but never had a quarrel with him. When in the public-house I saw him sharpening a knife with a white handle and small blade on his shoe. I heard him say, 'I will run it in,' but I did not hear him mention any name. He left the house, and I followed him outside the door. I said, "Do you mean the knife for me?" he said, 'Yes, or anybody who comes near me,' and he struck at me with the hand in which the knife was; he struck me about the ribs, but did not then wound me; I think the knife closed on his hand. I saw him open the knife. He then stabbed me where I am wounded. I can't say whether he said anything; he ran away. I found I was stabbed, and ran after him. He ran into a beer-shop in Harrow-street I saw a policeman opposite the Brazen Head; I took him into the beer-shop, and pointed out the prisoner. I am quite sure the prisoner is the man who stabbed me. I am sure the knife produced is the one the prisoner stabbed me with." Cross-examined by the Prisoner: "When I followed out of the Brazen Head he was not picking his pipe with his knife. After he made the first blow at me, and before he stabbed me, I hit him a blow on the ear; it was a blow with my fist. It did not knock him down. I met the prisoner at the Rose and Crown on Monday. I took 1s. from another man, but I did not know it belonged to the prisoner. I did not follow him from the Black Man to the Brazen Head, though I was at the Black Man when he was. I did not say I would pay him.")
WILLIAM RAYNER . I am house-surgeon at St. Mary's Hospital—on the night of 19th April the deceased was brought there between 9 and 10—he was in a state of collapse—his clothes were stripped from him, and there was a wound, and a large portion of intestine exposed through the wall of the abdomen—it was a small incised wound about three-quarters of an inch in breadth—the larger blade of this knife would produce such a wound—the direction of the wound was from below upwards, and a little inwards towards the centre of the belly, as if done by an under-handed blow—he was in considerable danger, so much so that I sent for the Magistrate to take his deposition—I was present when it was taken—he was then quite sensible—he was under my care until his death, which took place on 7th May—the death was caused by the absorption of matter from the wound—I have no doubt the wound was the cause of death.
Cross-examined. Q. Had he lost much blood? A. No—when he came in he was in a weak state from the shock, and continued so—he was a strong muscular man, but he had tubercles on the lungs—he was consumptive—that had nothing to do with his death—his examination was taken about threequarters of an hour or an hour after he came in—he was put under chloroform while the bowel was returned, but he had recovered from that and from the collapse when his examination was taken—we could not have replaced the bowel unless we had put him under chloroform, because we had to enlarge the opening to get it into the abdomen again—he lost a slight amount of blood at that time—he was perhaps a quarter of an hour under the chloroform—his examination was taken immediately afterwards—he had recovered from the effects about a quarter of an hour—I apprehended immediate danger—I don't recollect whether any stimulants were administered to him before he gave his evidence—it would not be the ordinary course—I can't say positively whether any were administered or not—I heard him give his
evidence—he was not sitting up in bed; he was lying down—he spoke in a moderately strong tone of voice.
MR. BESLEY. Q. Had he quite recovered from the effects of the chloroform before his deposition was taken? A. Yes—he was perfectly sensible, so as to know what he was saying.
The prisoner's statement before the Magistrate was read as follows:—"I met them on the Tuesday night at the Black Man. I was giving Eames and Slater into custody of the police; the police did not take the charge. He said, "You b—sod. if I get you inside the public-house I will put your lights out." There were three or four of them together, Slater, Tom O'Donnell, and the deceased. I did not go into the Black Man; I went to the Brazen Head, and loft them at the Black Man, and they followed me from the Black Man to the Brazen Head. I came out of the Brazen Head, and had my pipe in my hand, and was taking the stopper out with my knife. Eames followed me across the road, and hit me on the ear, and knocked me down; with that I had my knife in my hand, and my pipe in the other hand. He fell right over me when he knocked me down, and I believe that was the time he received the knife; I made no attempt to stab him.
GUILTY .— Seven Years' Penal Servitude.
MR. DALEY conducted the Prosecution, and MESSRS. SLEIGH and SHARPE the Defence.
THOMAS COGHLAN . I am a wire-rope maker, and live at Millwall—the deceased, John James Coghlan, was my brother—on Saturday night, 9th April, I was with him and another young man at the prisoner's coffee-shop, in Carr-street—it was past 12 when we went there—a man named French,—and another man were having a discussion about Garibaldi and the Pope. French made use of very strong language—he said, "B the Pope"—my brother said, "You ought to be ashamed of yourself; the man (meaning the Pope) never did you any harm"—my brother then said to French, "What good did ever Garibaldi do?"—French said, "You fool, what did ever you do?—my brother said, "How do you know that I am a fool?"—French said, "I am sure you are"—my brother said, "Can you make a fool of me?"—French said, "I will punch your head," and they stood up, and were going out to fight—the prisoner began to shove my brother about—my brother said to him, "Don't shove me about I can go out without being shoved out"—the prisoner said, "If you don't leave my house, I shall have you locked up"—my brother said, "I have done nothing, that I know of, that I should be locked up for"—the prisoner said, "If you don't leave my house, I shall do you an injury"—they got to the door, and he shoved my brother out on the pavement—my brother returned and opened the door with his left hand—he only looked in—he did not put his foot inside the door—he said to French, "Are you coming out to make a fool of me?"—the prisoner made a hit at him through the doorway; he then let the door shut, opened it again in a moment or so, and threw a chopper out at my brother—my brother called out, "Look out, here is something coming"—the chopper struck him on the knee—I saw it—he sat down on the pavement—he was afterwards carried back into the coffee-shop, and his leg was bound up—the policeman
was there then—the chopper was brought in by Betts—this is it (produced)—Betts handed it to me, and I laid it on the table under a young man's jacket—the prisoner came and took it away and put it behind the waterbutt, and I and the policeman found it there.
Cross-examined. Q. Were you the worse for liquor at this time? A. No—we had been to a public-house, and each had a pot of beer—that was about 10 o'clock—we had not been to any other public-house—we had no other drink—I left work at 4, and remained indoors till 9, and then went with my brother to see Betts, and we all three went to the public-house—my brother had only had what I state—he was not drunk—we only had some coffee in the prisoner's house—the prisoner did not interfere in the dispute till French was going to punch my brother's head—he then began to shove my brother about—that was in the endeavour to get him out of the house—French was then in the house—my brother did not go out directly the prisoner asked him to go, he was willing to go—after he was put out, he went back and opened the door—he did not put his head in nor his foot, he only called out to French—it was then the prisoner made a hit at him—it might have been an endeavour to push him out, but it did not look like it; it seemed as if he went to hit him—he did not put him out three different times—I did not hear him call "Police!"—I swear that he threw the chopper from the coffee-house at my brother in the street—my brother was on the pavement, about three or four feet from the door—I was standing close to him—I went out with him—it was a dark night—it was to me and Betts that my brother sung out something was coming, for us to get out of the way—I was looking—I will swear I saw the prisoner throw the chopper, for Betts picked it up and handed it tome—the prisoner was standing in the coffee-shop when he threw it—he opened the door and threw it.
NATHANIEL ECKFORD . I am house-surgeon at the London Hospital—the deceased was admitted there on 10th April—he had a wound on the outside of his left knee-joint—it might have been produced by this chopper—from the direct consequences of that wound he died a month afterwards—amputation was performed—he died of exhaustion.
Cross-examined. Q. I believe, when you first saw the deceased, it was obvious to you that he was under the effect of liquor? A. He was—I may also state that if the wound had been one-sixth of an inch less in depth, in all probability he would have recovered.
The deposition of the prisoner before the Coroner was read by consent: "It was quite accidental; I did not intend to hurt him. I did not throw it to injure him. I noticed they were intoxicated."
MR. SLEIGH (to THOMAS COGHLAN). Q. Did you see the deceased, previous to the accident, with the chopper in his hand, flourishing it about? A. No, certainly not—I am quite sure of that—I did not see the prisoner breaking coke with the chopper.
The prisoner received a good character.
GUILTY.—Strongly recommended to mercy by the Jury, on account of his previous good character. — Confined Four Months.
MR. SLEIGH conducted the Prosecution, and MR. SHARPE the Defence.,
deceased, but not the prisoner—on Saturday, 3d April, between 12 and 1 at night, I was in King-street, and saw the prisoner and deceased fighting—I saw the deceased fall—they were not fighting above two minutes before he fell—when Cahill fell, he said to the prisoner, "I cannot fight you no more, because you have got something sharp"—I saw a knife in the prisoner's hand as he made the blow—it was on giving him that blow that he fell down—I and some other woman ran to his assistance and picked him up, and I put my apron round his head—he was all over blood—the blood came from near the temple—some young man carried him to a doctor's—when he fell, the prisoner ran away—a policeman ran after him—the deceased was drunk.
Cross-examined. Q. You are Irish, are you not? A. Yes—the deceased was not—I know his father and mother—the blood came from the place where he was hit—there were not many persons in the street—not fifty nor twenty—the men were shuffling about, going round one another and sparring—I stood close by them to see the fight—there were other persons close to me—they were not pushing and shoving about, they all stood perfectly still—it was dark—I swear that I saw the knife in the prisoner's hand—I could see it glitter in his hand—I knew at the time that it was a knife.
JEREMIAH DACEY . I live at 21, Short's-gardens, Drury-lane—about midnight, when this occurred, I was at the corner of King-street, and saw the deceased and prisoner fighting a little way from a barrow, on which were some whelks—I did not see them lighting for above two minutes—when I got close to them, I heard the deceased say, "Take him away, I can't fight him any more, he has struck me with a key or something"'—he was lying on the ground—I did not see him fall—there was a lot of blood about him—the prisoner went away.
Cross-examined. Q. Are you an Irishman? A. Yes—I don't know whether Cahill was—I was examined before the Coroner, not before the Magistrate—I did not see anything in the prisoner's hand—I did not see the blow struck which knocked the deceased down.
FREDERICK HENRY FULLER (Policeman, F 134). I was on duty in Drury-lane on this night—my attention was called to a crowd, and I went, and saw the deceased lying on the footpath, bleeding from the right side of the head—I saw the prisoner about twenty yards off, running towards DruryJane—I followed, and took him—there was wet blood on his hands and clothes.
GEORGE MEAD (Police-sergeant, F 9). About half-past 12 on the morning of 3d April, I saw the prisoner and deceased at the corner of King-street, Drury-lane—they were in the middle of the street, and had both got their arms up in a fighting attitude—they were both laughing—I requested them to go away—the prisoner said, "All right, old fellow; good night," and they both walked away down King-street—about four or five minutes afterwards, I heard the cry of "Police!" in King-street—I immediately went up, and saw the deceased lying on the pavement, and the witness Crowley had got a cloth over his face—he was bleeding—he was assisted to a surgeon's, and from there to the Hospital—he was quite insensible.
WILLIAM FROST (Policeman, F 126). I was at the Police-court when the prisoner was examined on this charge before Mr. Vaughan—I heard the deceased examined, and saw the clerk take down his evidence—the prisoner was present, and had the opportunity of cross-examining him—he did not do so—I know the Magistrate's signature—this is it. (MR. SHARPE objected
to the deposition being read, the particular deposition of the deceased appearing not upon any portion of the sheet signed by the Magistrate, although stitched together with other papers, at the end of which the Magistrate's signature appeared; he submitted that there was no proof that, according to the wording of the Statute, this deposition purported to be taken before the Magistrate, and he supported his objection by "Queen v. Osborne," 8th "Car v. Payne," p. 113.
MR. JUSTICE CROMPTON was clearly of opinion that the deposition did purport to be signed by the Magistrate, Read. "I live at 16, King-street, Drury-lane. On Saturday night last, about 12, I was in King-street, Drury-lane, on my way home, The prisoner was there, and a barrow with some oysters on it, which he was eating. I wanted to pass by, but he prevented me. I said I had as much right to pass as any one else, and told him he had no business to stop me, and asked him why he did so. He replied, 'I will show you.' I said, 'Let me get out of the way first,' Then I went into the middle of the road first; he came after me, and we began fighting. I do not remember any blows being struck till I received a cut on the side of my cheek, and I was knocked down senseless; and on coming to myself I found I was in my bed, and my head, face, and arm, which were wounded, had been dressed.")
HENRY LORD KEMPTHORN . I am house-physician at King's College Hospital—the deceased was brought into the hospital about half-past 12 on 3d or 4th April—I found two wounds; one just behind the angle of the jaw, on the right side, and another on the back of the neck, on the same side—such a knife is this would produce such wounds—the first wound I spoke of penetrated in artery; it was a serious wound—I saw him every day till his death, on Saturday, 7th May—the hemorrhage recurred two or three times; the main artery of the neck was tied—the cause of death was the pressure of an abscess close to the entrance of the windpipe—the wound was the primary cause of that abscess—I made a post-mortem examination.
Cross-examined. Q. I believe you had to enlarge the wound? A. Yes, on the Friday, in order to tie the wounded vessel—I saw that done—the abscess was the immediate cause of death—an abscess may form in any part of the body—a great many causes will produce it; but there was an anatomical connation in this case, which placed it beyond a doubt that the abscess was caused by the wound—a fall against a sharp stone would not produce such a wound; it was a well-defined incised wound.
JAMES MENZIES . I live at 39, King-street, Drury-lane—on this night, about half-past 12, I had just left work, and was standing against my own door while this fight was going on—I saw the deceased on the ground—I saw nothing of the prisoner—I saw the deceased taken to the doctor's—about three quarters of an hour afterwards, I found this knife lying in a gutter, about eight or nine yards from where the deceased had been lying—it was shut, and was all full of blood.
Cross-examined. Q. Did you keep the knife that night? A. No, I gave to Frost, the constable, directly I picked it up—I did not know the deceased—I know the witness Crowley—she did not speak to me about a knife.
Cross-examined. Q. Did you take the prisoner into custody? A. I assisted in taking him—he did not say the wound was done in the fall—he made no such statement to me at any time.
COURT. Q. You said before the Magistrate that the prisoner stated they had been quarrelling, and it was done in a fall? A. I had forgotten that.
MR. SHARPE. Q. Did you afterwards look for a knife? A. I went back to the spot and searched for it, but did not find one—Menzies afterwards picked it up close to my feet—I had not told him I wanted to find a knife.
Witnesses for the Defence.
MARGARET BUSSEY . On the night of 2d April, about half-past 12, I was in King-street—I saw the fight between the prisoner and the deceased—the deceased struck the first blow—they then fought one another—I saw nothing in their hands—I was standing near them while the fight was going on—I saw the whole of the fight to the end of it—they both fell down together—the prisoner on the top of the deceased—I did not see a knife, or anything in either of their hands.
MARY WILSON . I saw the beginning of the fight—the prisoner was coming along with a cigar in his mouth—there was an oyster-barrow, kept by the last witness, standing at the corner, and he asked her for a light—he took one, and purchased a pennyworth of whelks, and as he was turning away from the barrow, the deceased came and struck him a blow on the side of his face, and ran behind the barrow to hide himself—the prisoner asked what he struck him for—they began to fight, and had one or two rounds, and at the third round the deceased said he would not fight him any more, for he believed that he had struck him with a key—they had been on the ground then both together—I saw no knife—I could not have been off seeing it if there had been one—they had nothing but their bare hands.
GUILTY .— Ten Years' Penal Servitude.
NEW COURT.—Wednesday, June 8th, 1864.
Before Mr. Baron Bramwell.
MR. SERJEANT BALLANTINE the Defence.
THOMAS BEAL CHRISTIE . I am a member of the College of Physicians, and have been for many years resident medical superintendent of Penley House, Hackney, which is a house for the reception and care of lunatics—I have from 140 to 150 lunatics under my charge there—on 19th April, I went to Sion House, Turnham-green, with Mr. Lutwidge, one of the Lunacy Commissioners—we saw Mrs. Leander there—we conversed with her on the subject of the establishment, and received information from her—we heard from her that she was keeping the establishment—there were about eighty persons in the house according to her statement—I examined several of them—one was Juliana Robinson, another was Sarah Medwin; also Susan Gladman, Elizabeth Stewart, and Mary Burgess; those I specially had conversation with, and the whole of them I found to be decidedly of unsound mind—Mr. Leander was present at the time I was having the conversation—I made myself conversant with the arrangements of the house, partly from inspection, and partly from information I derived from her.
Cross-examined. Q. Are you the proprietor of the lunatic asylum? A. I am the licensed superintendent—I am not the proprietor, and have no pecuniary interest in it—I am not paid by the number of patients who go there—I receive a salary—Mrs. Robinson was the first person I saw, and
then Mrs. Medwin—we went into a room and had a special conversation with her, from the way she was running on—I spoke to several patients, but did not make special notes—I should suppose Mrs. Robinson's age to be about fifty-three—she is subject to delusions—I call a person subject to delusions of unsound mind—in the ordinary acceptation of the word there is a very broad distinction between persons of weak intellect, and persons who are insane, but there are so many circumstances surrounding every case, that I cannot give you an answer.
COURT. Q. Persons of strong intellect may be insane, may they not? A. Yes.
MR. SERJEANT BALLANTINE. Q. Is there a difference between a person called insane, and a person of weak intellect? A. Yes; I should hardly like to affirm that there are a great number of persons whose intellect is so weak, though hardly insane, that they could be hardly trusted to take care of themselves—there are certainly a certain number of persons of weak mind who you would not leave to take care of themselves—it is a question of degree—you are to understand that I call persons who are too imbecile to take proper care of themselves, lunatics—I am not aware that there are a class of persons who would be received in a lunatic asylum, who are yet quite unfit to take care of themselves in ordinary life—one of Mrs. Robinson's delusions was, that she never slept at night, as by the will of God she was prevented from doing so—persons do sometimes sleep badly at night, but I am putting it as she put it to me—another of her delusions was that the people about the neighbourhood of Stratford insulted her, and that in consequence of their insults, she was locked up in the station-house—it is not probable that the whole neighbourhood would insult one individual—I have not taken the trouble to ascertain whether she was locked up to prevent her being insulted—the (act of her being locked up, may not be a delusion, but the course, must, I think, be a delusion—she was generally incoherent—she stated that it was intended that she should have been a governess; she was never educated for one, but by the will of God she was prevented from being a governess—I did not ask her what she was brought up to be, she stated it without—I have not ascertained whether she was brought up to be a governess—there was no other delusion that I took notice of—(MR. SERJEANT BALLANTIN passed over Mrs. Medwin's case, she being a person whose detention in this asylum would not be justified by law)—in Susan Gladman there was a total loss of memory—she could not answer me any questions I put to her—I asked her how long she had been in the house—she said she did not know—I asked her if she had been there a year, she did not know; if she had been there a week, she did not know—her memory was quite gone—it is impossible to say her age, but about thirty—I should add that she was subject to epileptic fits.
Q. That is not lunacy, is it? A. It assists—it very frequently assists in breaking down a person's memory—the next was Mary Burgess; she is idiotic, and totally incapable of understanding at all—she is in the ordinary term silly—she is subject to epileptic fits, and dribbling at the mouth—I am taking the statements from the patients themselves—she did not tell me that she was subject to epileptic fits, but those about her did—I do not take the statement of one lunatic as to another—a person told me she was Subject to epileptic fits, and I also took it from her appearance—the next person I found insane was Elizabeth Stewart—she was labouring under chronic mania with excitement—I do not by chronic, mean that she was never without a lucid interval—she became excited while I was talking to
her—she talked incoherently, and said that she was confined in consequence of falling in love with her brother's servant's brother—it was impossible for me to judge whether those persons were all of the poorest class, but I should think they were not the lowest class—I did not go on any other occasion, nor is there, to my knowledge, any other medical man who did—I was there between two and three hours.
MR. MONTAGUE SMITH . Q. Besides Mrs. Robinson's delusions, was there anything else which indicated to your mind that she was insane? A. The physiognomy—independently of her delusions, her conversation was generally incoherent—I have not the slightest doubt that she is of unsound mind—with regard to Gladman, there is a loss of memory, arising from unsoundness and disease of the mind—I spoke to her quite long enough to form an opinion—Mary Burgess was decidedly an idiot—she appeared to have a want of mind to comprehend any ordinary thing—she is a person requiring care and treatment as an idiot. (MR. SERJEANT BALLANTINE contended that the case must rest upon the three names mentioned in the Indictment, the other being described as persons to the Jurors unknown. THE COURT considered that there might be some evidence that the Grand Jurors knew the names.)
MR. SERJEANT BALLANTINE. Q. Did you know the names of those persons when your were before the Grand Jury? A. Yes; as far as I know them now.
COURT. Q. Did you mention them to the Grand Jury? A. I mentioned only a few—I think I mentioned those of Juliana Robinson, and of Mrs. Medwin—I did not take any note of it—(THE COURT considered that the prosecution was not precluded from going into the case of the other inmates).
MR. MONTAGUE SMITH . Q. Besides those you have named, did you observe other inmates in the house so as to form an opinion of their state? A. Yes; they were idiots, out of the many persons there I can say that there were several who were idiots.
COURT. Q. I suppose there is no possibility of drawing the line between the lowest of low intellects, and idiocy, is there any defined line when idiocy ends, and intelligence, not intellect, begins? A. They run so close together that I do not think you can draw a distinct line, and say, "There the idiotcy begins, and there the low intellect ends."
THOMAS. KING . I am a collector of rates and taxes at Chiswick—Mrs. Sophia Leander is rated for Sion-house, as the occupier; she pays the rates—I have collected six or seven years, and I believe site was there before that.
THOMAS MARTIN . I am chief clerk in the office of the Commissioners in Lunacy—all applications for registering asylums and hospitals pass through my hands—Sion-house is not registered either as an asylum or hospital—it has no licence.
GUILTY .— To enter into recognizances, to come up for judgment if the house be not closed.
MR. LANGFORD conducted the Prosecution.
JOHN BEATY . I am a labourer, of 3, Carr-street, Lime house—on 7th May, about a quarter to 7 in the evening, I was coming towards the Salisbury Arms, Limehouse, with my wife—a lad, who was sitting on the step and whose name, I believe, is Holmes, had insulted my wife, and out came Cave and the prisoner—they both struck me—my wife came up to see what they were doing and Bush gave her a severe blow on the nose—the prisoner Cave knocked me into a baker's shop—Bush then put his hand on my
shoulder, and Cave put his hand under Bush's arms and took 5s. out of my pocket—I told Cave to let go of my pocket, but he would not—by some means Cave and Holmes escaped—Bush went half-way up Eastfield-street, and put on a soldier's jacket to disguise himself—he was coming down the street when I met the policeman, Ringrose K 496, and gave him in custody—that was all I saw, but 200 or 300 people came up and he was rescued—I saw him again on 11th May—I saw him that same evening, 7th May, about half-past 9 o'clock, at the Stepney-station, and said to him, "Do you see that man over the way? he is a policeman"—I asked him where he was going—he said, "To town"—I said, "Come home with me to my wife and just apologise for what you have done, and make me up the 5s. which you and Mr. Cave rescued from me; if you do that I will forgive you"—he said that he would meet me on Monday night, and would make me up 5l.—we went to the Silver Trumpet, and I treated him with a pot of beer—while we were drinking it I said that I blamed Cave for the money—he then told me that if I would meet him on Monday night he would make it up 5l.—I told him I did not want the 5l., all I wanted was my own money, and we parted.
COURT. Q. Did you blame Cave? A. Yes, and I blame the prisoner, but only for the assault—he held me while the other man robbed me.
Prisoner. Q. When you came down to the Salisbury Arms with your wife, did not she make signs through the window of the side box? A. No—Holmes was sitting outside the door—he did not get up and ask her what she meant by pointing—she did not pick up something out of the gutter and strike Holmes on the teeth—I did not turn round to Holmes and come towards him after my wife struck him—it was when I was knocked down that you put your hand on my shoulder—Cave and I were struggling close against the door, and you put your hand on my shoulder and laid hold of my collar—I did not hear the man who keeps the public-house say, "Do not let them fight"—I was never in the beer-shop, nor was my wife—I was standing at the corner—my wife did not say that it was not Cave who had my money; that Bush had got it; nothing of the sort—we saw you between 3 and 4 o'clock on Sunday, and my wife said, "That is the man"—I did not give you in custody when I met you at Stepney station, because you promised to meet me on the Monday night—we went up the road together, and I took you into the Silver Trumpet, called for a pot of beer, asked you to drink, and drank myself—one man said he thought you were not the man, because you had a soldier's jacket on then—I did not say that I did not blame you for the money—it was not you I suspected; it was Cave—all I told your parents was that you were not the man that took the money out of my pocket.
MR. LANGFORD. Q. Is Mr. Butcher the landlord of the Salisbury Arms? A. I believe so; it is a house I never use—I saw him that night—my wife was insulted by the lad Holmes and by the prisoner—I wanted him to apologise for what he had done—he struck me as well as my wife—there was a very great row.
NOT GUILTY .
MR. LANGFORD conducted the Prosecution.
JOHN BEATY repeated his former evidence and added. My wife tried to get Bush away from me; to shove him on one side, and get hold of me, and he turned round from me and hit her a severe blow on the face—it bled
fearfully—we went to the station-house and then to the surgeon—she was under his care five or ten minutes.
Prisoner. Q. When Cave was fighting with you how many people were around your wife? A. I believe she was standing by herself—the 200 or 300 people were round you, not round her—the struggle was not over when you struck her—I was struggling with Cave after you struck her—I could see you strike her from the baker's shop window—I am positive it was you that struck her, not Holmes, and you owned it on the Sunday night—my wife's nose has not been very badly broken before; I have known her sixteen years, and never knew it was broken—there was no old wound; there is only one scar, and that you did—she was as sober as I am at the present time—she did not call me.
MR. LANGFORD. Q. Have you any doubt about his saying that he struck your wife? A. He said on Sunday night that he did it, and was sorry for what he had done—my wife had not a wound on the nose before this to my knowledge.
SARAH BEATY . I am the wife of the last witness—I was with him, and saw Holmes sitting on the step—he used some blackguard language—I turned my head and looked at him—he made a rush to hit me, and my husband came back—Bush and Cave then rushed out of the Salisbury public-house and knocked my husband partly into the baker's shop—they got him down—I screamed out, and Bush returned, and gave me an awful black eye with something he had in his hand, and smashed the side of my nose right in—it bled, and I lost above two quarts of blood—the prisoner is the man who struck me—I feel pain still, but not so much as I did—I had no old wound on my nose before.
Prisoner. Q. Did you see a fight by the Salisbury Arms on Saturday afternoon, between Cave and another man? A. No, but all you young men were fighting on Saturday afternoon, and on Friday also—I never saw you before, but I know your mother—it was you that called me names—you were inside the Salisbury Arms when I came down the street—I did not point to Holmes, but he was insulting everybody passing—not a respectable person can pass the place—I did not pick up something out of the gutter—I had not the chance—I did not strike Holmes—I was too frightened, and too much swamped in blood, and too weak—I was not intoxicated—your mother sent for me, and I went to her—she treated me, and then I treated her back—we had half a quartern of port wine—I said that I did not wish to hurt you if you would beg my pardon—I did not say that I would not prosecute you, and that I had burnt my summons paper directly I went home—I am sure it was you that struck me, and not Holmes—if you had not done it you would not have put on the militia clothes—you had not got them on when you struck me.
MR. LANGFORD. Q. Did Bush go away after he struck you? A. Yes, and I followed him to his mother's house when he went and put on the militia clothes and came out again: I was bleeding all that time.
COURT. Q. Do you live in the neighbourhood? A. Yes, in 3, Crane-street—my husband is a dock labourer—a good many of the same sort as the prisoner stand about there—I only know Holmes by sight—I do not know his father and mother—he makes a practice of insulting everybody; no respectable person can pass the Salisbury Arms for the gang that is outside, but I never saw the prisoner in their company before.
COURT to JOHN BEATY. Q. How was the prisoner dressed when he was
having this scuffle with you? A. In a pair of dirty white moleskin trousers and a jacket, but not a soldier's jacket—he was not in the militia dress.
JOSEPH RINGROSE (Policeman, K 496). On 7th May, I was on duty in the neighbourhood of the Salisbury Arms—the militia were not quartered there—I do not know whether Holmes is a militia man, but the prisoner is not, nor has be been that I know of—I met the prisoner about 7 or 8 o'clock close against the Salisbury Arms—he had a soldier's red jacket and moleskin trousers—I saw Mrs. Beaty bleeding from the nose very much, and her eye was blackened—she gave the prisoner into my custody—he said that he knew nothing about it—he said that he would not go—I told him he had better go quietly—he said, O God blind me, I won't go," and kicked me over the knees—I felt it severely—Nicholls and Tolman came up and he assaulted them—he resisted me about twenty minutes, and kept swearing—there were about 200 people, and he was rescued out of my custody.
Prisoner. Q. Did you see me at the corner a few hours before? A. I saw you about half-past 3—the disturbance was at half-past 7—when you came to the corner, the woman said, "That is the man; I give him in custody for assaulting me, Thomas Bush"—another policeman, named Blonder, and I, did not ask Mr. Butcher whether he saw you strike the woman, nor did be say that he did not see you do anything—you did not ask what the charge was, but I told you—I did not refuse to tell you—I seized you by the collar, but you were not black in the face or throttled; I never hurt you—I afterwards seized my staff and hit you on the arm, because you seized the other officer by the throat, and he called out that he was being choked—two men interfered with you, and said, "d. not go, Tom"—I did not hear one of them say, "Let him go quietly; do not choke him"—the mob did not cry "Shame"—they kept crying out, "Poor policeman!" and throwing stones at us—I did not beat you when I came to your father's house, nor did another officer manfully hit you on the side of the mouth—two officers did not rush in from the back place, and tell the other two to open the door from the front—your father went and opened it when he saw we had got hold of you.
MR. LANGFORD. Q. Was it his father who assisted to rescue him? A. Yes—Mr. and Mrs. Beaty was quite sober.
STEDMAN NICHOLLS (Policeman, K 433). On Saturday, 7th May, about a quarter-past 7 o'clock, there was a disturbance at the Salisbury Arms, and Ringrose and Mr. Beaty gave the prisoner into my custody—Mrs. Beaty said that he had assaulted her—he said he had not—her nose was bleeding—the prisoner had a militia coat on—he said, "God blind me, I shall not go"—I said that he should go—my brother constable had him on one side and I had him on the other—he pinned me by the throat, and tore two hooks off, and tore off a comforter which I had to keep my breast warm—we had an up and down, and he kicked me, and tried to bite me—I saw him kick Ringrose more than twice—he kept on kicking for twenty or twenty-five minutes before we got assistance—the struggle continued for a long time, and he was continually rescued by thieves and costermongers—Mr. and Mrs. Beaty were sober.
Prisoner. Q. When I said that I was innocent, did not you ask Mr. Butcher if he saw me do anything? A. No—I took hold of you by the arm and collar; that was my duty—you did not become black in the face—the men who interfered were convicted thieves and costermongers, whom I knew well, and you were one.
in the evening, I was near the Salisbury Arms, and saw a disturbance—Mrs. Beaty's nose was bleeding, her eye was black, and she was crying—she said that her husband had been robbed of five shillings—the prisoner then came down the street with a soldier's jacket on, and she said, "That is the man that did it"—I told him what he was charged with—he said, "God strike me blind, I will not go"—I took hold of him on one side, and Ringrose on the other—he kicked Ringrose on the leg, and threw me down; I was down about ten minutes, and received several kicks, but not all from the prisoner, some were from the bystanders—I saw him kick Ringrose—I had a hard struggle to keep him from biting Nicholls's hand—it continued twenty-five minutes—Mr. Beaty was sober—some people said that Mrs. Beaty had been drinking, but as she had been ill-used, it is impossible to say.
Prisoner. Q. Did I ask you what I was given in charge for? A. We told you more than once—Nicholls and I may have pulled you about a little, but it was your own fault; you would not go—the crowd were not strangers; one was your brother, who is now suffering four months—three men were apprehended for assaulting the police, two of whom were committed; one of them was acquitted, and one was your father—I was at Clerkenwell—we could not get you at that time, but I apprehended you at your fathers house; we were in search of you a long time—the two officers came to my assistance, and you got up and escaped—I followed you a quarter of a mile, but did not take you because I was very much exhausted and ill-used—I had lost my. hat, and there was a great crowd—I found my hat at the station half an hour afterwards—I believe Ringrose struck you when you were trying to escape, assisted by your father—a man hallooed out to burst the front door open.
The prisoner's statement before the Magistrate being read, asserted his innocence, and stated that Mrs. Beaty was drunk.
Prisoners Defence. I had come home from my work to my wife, and was standing at the Salisbury Arms when the row occurred. I was asked by the landlord not to let them row, and I have been brought into this three or four weeks' imprisonment. I knew I was innocent of it, and I did not like to go and suffer innocently. I have worked three years at Mr. Dudgeon's, the ironboat builder, of Mill wall, and I did not expect to get into any such trouble as this. This policeman said, "You must think yourself lucky that the police assault was not against me."
COURT (to S. NICHOLLS). Q. Did you tell the prisoner it was lucky that the police assault was not against him? A. No, he only told me through the wicket to tell his friends to bring him some dinner.
GUILTY** of a common assaul. — Confined One Year.
MR. HORRY conducted the Prosecution, and MR. PATER the Defence.
RICHARD SOUTH . I am a labourer at Potter's-bar—on Saturday, 7th May, a little after 12 at night, I was coming towards Mrs. Mann's house at Enfield—when I got there I saw some men whom I cannot swear to—they pulled me down—when I got up I called out—I felt hands in my righthand pocket when I was down—I had half-a-sovereign, a half-crown, and sixpence there, which I missed when I got up—I know the Windmill public-house—I saw somebody go to the gate of it.
Cross-examined. Q. Were there more than three persons near you? A. Only three, that I saw—no one came to my assistance till they had gone—
two young chaps then came and spoke to me—the three men all ran in the same direction—it was not moonlight, but it was not so very dark; it was not so dark but what I could see them go in at the gate, though it was not light enough for me to see their faces—I could not swear to them—I had come from Barnet; I had a little business to do—I had not had too much beer; I visited one public-house, and remained there very nearly half an hour—I met some friends there, or else I should have had no beer at all—I paid for two pints—I will swear I had my money when I left the public-house—I put it into my pocket at Barnet about 11 o'clock; I had been carrying it in my hand a good bit before that—from the time I put it in my pocket I never saw it again.
SARAH MANN . I keep a house at Enfield—on 7th May, a little past 12, I was expecting Richard South, but did not sit up for him; I heard his voice, got up, raised up my window, and saw two men in militia clothes—the tallest of them caught South by the shoulder and pulled him back, away from my door—a third man stood a little way off; they were all dressed in militia clothes—the tall man fell on him—I know the prisoner; I have seen him all the time he has been lodging at the public-house, which was two or three days—he knelt on South's throat, and kept him down for some time, put his hand in his right-hand pocket, and I heard money jingle—I went out in my night-gown, and followed the prisoners to the gate of the Windmill public-house and then to the door; it is close by my house—I called out to the pot-boy to open the door; he came as quick as he could, but the prisoner shoved against the door, burst it open, and the three of them went in.
Cross-examined. Q. How soon after they went through the gate did the policeman follow and take the prisoner out of his bed? was it not almost immediately? A. No, it was pretty well an hour afterwards; it might be a little less; I have no clear notion about the time—I looked out of my bedroom window, which is on the second floor—when I first saw the prisoner he was putting his hands on South's shoulder and pulling him backwards, and the moment he had done that he knelt upon him—South fell lengthways across the path—the prisoner was not facing the door when he pulled him down; he lay beside South, with his right hand in South's pocket—he was on South's left side; he lay on the ground till he had got the money—I called to my husband; South is not my husband, he is a lodger—I also called out to the men with whom South was struggling, "Oh, dear, there will be murder;" that was when I heard South squeak—I had spoken to the prisoner several times before this at the public-house, and he to me, during the training; not before—I knew him at the time he was training, and while he lodged there—I don't know how many days the training lasts; he was there long enough for me to know him—he was not billeted at my house, but he passed my door, and I have spoken to him several times—I knew him well, and have seen him three or four times a day—he had a cap on—it was not a dark night; I could see anybody as far off as this door—there was no moon, but it was very light.
MR. HORRY. Q. Did you communicate to the police what you had seen? A. Yes—my master had to go to Barnet to get a policeman; that took rather more than an hour—the third man only stood looking on—the prisoner's face was not towards me as he stood over South, but I saw him pull him down, and then saw his face—I have seen him more than twenty times before.
MR. PATER. Q. Did you call out sufficiently loud for the men to hear? A. Yes, and the neighbours round were out as well as me.
THOMAS JONES (Policeman, S 39). On the morning of the 8th May, between 1 and 2 o'clock, I went to the Windmill public-house, Enfield, with Mrs. Mann—I went into two bedrooms and found three men sleeping in each room—she pointed out the prisoner as the man she had seen put his hand in South's pocket—he was apparently asleep—I awoke him, and told him he was charged with stealing a half-sovereign, a half-crown, and a sixpence, from a person named South—he said, "Are not you going to take anybody else?"—I made no reply, but begged him to dress himself, and he took his military clothes from the top of the bed—he said that he was in bed at 11 o'clock—I searched his militia clothes and found fivepence in copper.
Cross-examined. Q. Can you tell me the exact time when you were called to interfere? A. I was first called at half-past 1; I took the prisoner at half past 2—I went to the Windmill and to Mrs. Hubert's house where South was—the militia were out for twenty-days' training, and the militia dress would be proper for the prisoner to wear—he was not allowed to wear his own dress, till the training was up—when I got him, I got his militia clothes—his private clothes were brought by order of his sergeant.
MR. HORRY. Q. Did you know where he lived? A. I knew the house but I did not know the man until I received information from Mrs. Mann—he would not have occasion to pass her house to go to the drilling ground.
The prisoner's statement before the Magistrate:—"I did not take the money. I was in bed. All the money found in my clothes was fivepence."
JURY to THOMAS JONES. Q. I it a one storey, or two storied house? A. From the window to where this happened was only four or five feet; not further than I am from the matting here—you go down a little at the entrance of the house, but not much; it is nearly level—I can touch the window where she looked out; it is about four or five feet from the ground outside.
COURT to SARAH MANN. Q. Did not you say you were looking from the second floor? A. Yes; I call the ground floor one—they are little low houses; a tall man standing on the ground could reach to the top of my bedroom window.
GUILTY .**— Four Years' Penal Servitude.
616. THOMAS EVANS (20), and JAMES CASTLE (19) , Burglariously breaking and entering the dwelling-house of Henry Lind, at Kensington, and stealing therein 1 coffee-pot, 2 tea-pots, and other articles, value 3l. 10s. his property; to which
CASTLE PLEADED GUILTY .*—He received a good character.
Confined Eighteen Months.
MR. BEST for the Prosecution offered no evidence against EVANS.
NOT GUILTY .
MR. BEST conducted the Prosecution, MR. TAYLOR defended Cousins, and MR. SHARPE defended Flynn.
JAMES POWELL . I am a traveller, and live at Cloudesley-terrace, Islington—on Saturday evening, 14th May, about half-past 8 o'clock, I was going down Commercial-street, Whitechapel, and saw the prisoners standing near the corner—they pressed upon me—Flynn was in front of me and Cousins in the rear—Flynn seized the brequet chain of my watch and I seized the guard chain, which I held fast, but the brequet chain being slight, it broke away—Cousins tried to knock my hat over my face, but knocked it off instead, and I believe I dealt him a heavy blow with my right hand on his cheek,
and he kicked me very severely in the groin—I had seized Flynn by the left tail of his coat, but in consequence of the kick was obliged to release my hold, and a large rent was made in the coat by a severe struggle between us—they both escaped.
COURT. Q. With which hand did you catch your watch? A. My left, but I let go of it to seize Flynn, and to my great surprise, I found it hanging in this position, but they carried away the brequet chain, seal, and key—I shouted for the police—they came up immediately, and I described the prisoners; they are the men.
Cross-examined by MR. SHARPE. Q. Was it dusk? A. Dusk was approaching, and the lamps were being lighted—I had never seen Flynn before to my recollection—the whole matter did not exceed a minute—I was a little disconcerted—Flynn smashed my hat and kicked me severely—I struggled with Flynn—I next saw him on 15th May, in custody at Spital-square station, standing with several other prisoners who were brought out and ranged in a row—I do not think he was the middle man—nobody said, "Is this the man who tried to take your chain?"
Cross-examined by MR. TAYLOR. Q. Your struggle was with Flynn, was Cousins behind you? A. Yes; but he passed on my right side, and I administered a right-hander to him while I was holding Flynn by the coat—Cousins then knocked my hat off, kicked me and went rapidly off—I went to the station about 1 o'clock on the morning of the 15th, or it might be later—I found three or four men there, and Cousins was one of them—he had, I believe, no coat on, and I believe the others had coats on—the constable said nothing to me about the man without a coat—I looked at them at a short distance—I did not point out Cousins as the man who snatched my chain, but as the man who kicked me in the groin, but he was one of the thieves—I had a doubt about another man, but did not charge him—I told the inspector I thought he had some participation in it—I believe there were more than two—I did not charge the other man with snatching the chain—I heard Cousins say something to the inspector on duty, but I paid very vague attention to it.
WILLIAM GULLETT (Policeman, H 97). From information I received I looked after Cousins and found him in Flower and Dean-street, just after 10 o'clock—I took him and charged him with assaulting this old gentleman and attempting to steal his watch—he said, "I do not know anything about it"—on the way to the station he said, "I know who it was done it; it was not me, it was Mikey Gray, who lives in Thomas-street, Backchurch-lane"—Flynn goes by that name—I took Cousins to the station—he was put with four others and identified by the prosecutor.
Cross-examined by MR. TAYLOR. Q. Were you present? A. Yes; he was the only man who had his coat off, and Powell said that is the man—Powell did not at first say that Cousins snatched his chain—I heard Cousins say," I will tell you who did it"—Cousins said that he did not know Mikey Gray's correct address but that it was in Thomas-street, Backchurch-lane, and went with me to find him—that was between 2 and 3 in the morning—he said that he knew Gray was the man because the chain was round his finger and cut his finger—I heard Mr. Powell say that Cousins was in the company of the man who snatched the chain.
JAMES EDWARDS (Policeman, H 16). I took Flynn at his mother's house Backchurch-road, at about half-past 3 on the morning of the 15th, and told him I should take him for stealing a gold chain, seal, and key—he said, "You are mistaken; it was not me"—there were two coats on the bed—I
took up one, and said, "Is this yours?"—he said, "Yes"—I said, "Is this yours?"—he said, "No; that is my father's"—he has one of them on now—this one is torn, and is the one I took up last, and which he said belonged to his father, but it is too small for his father, or rather his father-in-law but it fits the prisoner.
Cross-examined by MR. SHARPE. Q. Do you know where his father-in-law lives? A. Yes—I was present next day before the Magistrate, when Cousins required the production of the original charge-sheet—he did not ask for the inspector who took the original charge—the inspector is not here.
COURT. Q. Did you look at Flynn's hands? A. Yes, and saw that the skin of the forefinger of his right hand was grazed, as if by a sharp instrument, or a bit of string.
GUILTY .—They were both charged with having been before convicted, Flynn in October, 1862, and Cousins in January, 1861, to which they
PLEADED GUILTY.** FLYNN.— Six Years' Penal Servitude.
COUSINS.— Ten Years' Penal Servitude.
THIRD COURT.—Wednesday, June 8th, 1864.
Before Mr. Common Serjeant.
MR. HUDSON conducted the Prosecution.
KETURAH BROOM . I am the prisoner's wife, and live at 126, Eastfield-street, Limehouse—on the morning of 8th May, I was sitting peeling pota-toes with the prisoner and his son by a former wife—the prisoner asked him to read something out of the newspaper—he said that if he did read it, I would not explain the words to him—I said if I could see myself I could read it, without his reading of it—a few words then ensued between me and my husband, and he said if I said any more he would slap me in the face with a piece of bacon he had in his hand—I said that was more than he dared do—he then gave me a smack in the face with the back of his hand; it hit me on the ball of the eye, and I ran to the doctor's—I have not been able to see since.
Prisoner. It was quite an accident.
ABRAHAM BROOM . I am the prisoner's son—on 8th May, I was sitting with my father and Mrs. Broom—my father asked me to read something out of the paper, and I said, "What is the use of my reading if I cannot do hard words; mother won't tell me what it is"—then mother and father had a row, mother was calling father names—she called him a b—whore-monger—father was toasting a piece of bacon on a fork before the fire, and he said, "If you aggravate me, I will throw this in your face"—she got up and tried to scratch his face, and father hit her in the eye with the back of his hand.
Prisoner. Q. Had your mother something in her hand when I struck her? A. Yes; a knife—she was peeling potatoes.
JAMES HORTON . I am a surgeon, residing at 12, High-street, Stepney—Mrs. Broom was brought to my surgery by the policeman on Sunday, 8th May—her eye had been burst, the sight was quite gone, and there was a fissure of three-eighths
of an inch across the iris—the injury appeared to have been caused by a blow, she will never recover her sight.
COURT. Q. Was there any bruise round the eye? A. None—it is a very rare thing for such injury to be done in such a way—it has never before happened in my experience—the prosecutrix's eye was very prominent-in ninety-nine cases out of a hundred a blow would not injure the ball of the eve at all—I have known Mrs. Broom for some years—both her eyes were very prominent—she had lost the sight of the other eye some time before this, which had made the other more prominent—I was told that it was a blow that injured the sight of the other.
Prisoner's Defence. I was sitting on a very low seat—I could hardly reach her, and as I was going to hit her, she had a knife in her hand. She put it up and it went into her eye. She is a very bad wife.
JAMES HORTON (re-examined). There was a rupture of the ball of the eye—the aquis vitrius had escaped—it was a lacerated wound about three-eighths of an inch long, across the iris and pupil, a jagged wound, the edges of it were not smooth—a knife would certainly not produce such a wound—it was not an incised wound—it could not have been cut.
GUILTY .— Confined Six Months.
MR. DALEY conducted the Prosecution, and MR. METCALFE the Defence.
JOHN KEAR . I am a furrier, living at 4, Carlton Chambers, Regent-street—on the night of 22d May, about a quarter past 12, I was in Cranbourne-street, Leicester-square—I saw the prisoner there with another man—they came, one on each aide of me, and shoved me-one of them laid hold of my arms, and put his hands round my body—I cannot say which it was—the prisoner then struck me in the mouth, and knocked me down—I called out "Police!" and the officer came up and took him in charge directly—I had some money in my pockets, but I had hold of it, and they did not take say.
Cross-examined. Q. What part of Cranbourne-street was this? A. About the middle—there were a good many people about—I had come from Islington—I had been to a public-house there, Perhaps an hour, along with a friend or two—I had some porter to drink, nothing else—we had three or four pots—I left there about half-past 10 or a quarter to 11 and walked to Cranbourne-street—the other man was behind me, I could not see him well—the prisoner was in front of me when he struck me in the mouth.
WILLIAM GORDON (Police-sergeant, C 9). About quarter past 12 on the night of 22d May, I was on duty in Cranbourne-street, in plain clothes—I saw the prisoner there with two others—the other two parted from him and walked past the prosecutor—then Moran went in front of the prosecutor and rushed against him—the old man still continued going on, some three or four yards, and the prisoner and the other men parted again, and Moran went in front, turned back, and again knocked against the old man, who said something to him; I don't know what—they then did the same thing again after letting him go a few yards—they then came into Leicester-square—I got into Ryder's-court, and then the prisoner and the other two stopped together and talked—the old man was still going on—I heard one of the three say, He is right, come on"—the prisoner went in front of the other men, and the prosecutor, returned back again, and when he came to a hoarding in Leicester-square I saw him strike the prosecutor and knock him down—one of the other men then laid hold of his arms as he was down-Moran was in
a stooping attitude over him; what he was doing I don't know—I caught hold of him, and one of the others by the collar—the third one was behind—I continued to hold Moran by the clothes, and he put my hand in his mouth and bit me—I took him to the station—the other one got way—the prosecutor was not sober, but he was well able to go home by himself.
Cross-examined. Q. Where was it you first saw this? A. Coming from Long-acre into Cranbourne-street—I followed them all down the street—I have been in the force ten years—I allowed them to accomplish their object because I knew their object was to rob the man—I consider that my duty—I have not been found fault with for this kind of thing before—I have been tried myself once, and you were employed by the Commissioners of Police to defend me—the Judge and jury stopped the case—the thieves in the Dials got up the prosecution against me—it is not my practice to allow an old man to be knocked about in the street—I saw Moran knock against him three times—the prosecutor did not interfere with anybody as I saw—he was not very drunk—I should think he would know whether he was knocked four times or twice—he was knocked down just as you come into Leicester-square opposite the hoarding.
PLEADED GUILTY.**— Seven Years' Penal Servitude.
MR. KEMP conducted the Prosecution.
CHARLES STEER . I am shopman to Mr. Wade, a tailor, of Holborn-hill—on the evening of 17th May I was in the shop, and I received a communication from some men outside, in consequence of which I went out of the shop and saw the prisoner running towards Leather-lane, about ten yards from our shop—I ran after him, and stopped him in Charles-street, Hattongarden—he had this roll of cloth (produced) with him—it is my master's property—it has his private mark upon it—I saw it safe in the shop not a minute before—I did not see it taken—I had my back to the door—when I stopped the prisoner he said he was very sorry, would I let him go, as he was going to take his wife and two children to Greenwich.
Prisoner. Q. Did I not say a gentleman had given it to me to carry? A. No.
WILLIAM TAYLOR (Policeman, G 210). On 17th May I saw the last witness holding the prisoner in Charles-street, Hatton-garden—I went up to them—the prisoner had this roll of cloth under his arm—it was taken from him by the last witness, and I took him into custody—I did not hear him say anything about it—the prisoner became very violent, and kicked me on the leg three or four times—with the assistance of another constable I succeeded in getting him to the station—he gave a correct address.
GEORGE IZZARD (City-policeman, 251). I came up and assisted the last witness in taking the prisoner to the station—I searched him, and found a two-shilling piece on him—after the charge was read over to him by the inspector he said, "I am not guilty, the cloth was given to me by a man to carry into Hatton-garden"—I asked him by whom it was given to him—he said, "By a man I know very well"—I asked him if he could describe the man to me—he said no he should not do so.
Wade's and our shop, about six yards from Mr. Wade's—he stepped over the Kerb, with a piece of cloth under his arm, and ran across the road towards Leather-lane—there was a large ticket hanging down behind the cloth—I thought it must have been stolen, and I stepped outside and spoke to Steer.
Prisoner's Defence. A gentleman gave me the cloth, and I went across the road after him. When he saw me stopped in Charles-street he ran away. I was with my wife and children going off to Greenwich to enjoy the evening.
GUILTY .—He was further charged with having been before convicted of felony, at Clerkenwell, in March, 1854, and sentencd to Four Years' Penal Servitude; to which he
PLEADED GUILTY.**— Five Years' Penal Servitude.
621. GEORGE CURTIS (23), and SUSAN JENNINGS (23) , Stealing 2 boxes, 1 bracelet, 2 shawls, 1 girdle, and other articles, the property of Mary Fabyan Windeatt. Second Count, feloniously receiving the same.
MR. LEWIS conducted the Prosecution.
ELIZABETH LOVECRAFT . I am the wife of Mr. William Lovecraft of Scarsdale-villas, Kensington—he is a private gentleman—on 13th May my niece was on a visit to us—she was invited to Park-village East—we wished to send her box there, and for that purpose this card (produced) was put up in the window—that is the way we signal for the carrier—his name is Johnson, and there is W. J. on it in large letters—the prisoner called for the box—I saw him carrying it down stairs on his shoulder—I requested him to be sure and deliver it that evening, and he said, "Yes"—the box is here—it had a direction on it, "Miss Windeatt, 15, Park-village East," when it went away.
Prisoner. I am not the man who called for it. Witness. I could not swear to him, hut I believe him to be the man.
MARY FABYAN WINDEATT . I am the niece of the last witness—this box is mine—I packed it myself, with dresses, cloaks, shawls, underclothing, books, music, and jewellery—I said at the police-court that the contents were worth 25l. or 30l. but 40l. would not replace them—I locked the box—there is some jewellery produced by the officer—it is all mine, and was packed in my box—there is also a bonnet and hat, some books, a girdle, some stockings, and a petticoat (produced), which are also mine.
JOSEPH HENRY TAYLOR (Policeman, T 12). From information I received I went on 22d May to 10, Lavender-villas, Lavender-road, Clapham—I went about 3, and remained till half-past 10, when both the prisoners came in together—they went into the front room of the house—I told the male prisoner he was charged with obtaining a box from 10, Scarsdale-villas, Kensington, on Friday, the 20th, and that it was brought to his house in a cab on that day—he said he knew nothing about any box coming there—he brought no box—I then sent for Collins, the man who took the number of the cab, to identify him—at first Collins thought he was not the man—the prisoner then said, "You have no right to detain me, I want to go"—I told him he answered the description that I had, and I should detain him on my own account—I then sent for the cabman, and he identified him as the man he took in his cab with the box on the Friday—I then searched the room, and found the box, which has been produced, under the bedstead, and the cover—I found the different articles which have been produced in various parts of the room—the jewellery was found on the sofa where the female prisoner was sitting—before that I told her that before I parted with her I should like to have her searched by a female searcher—she rose, and I saw
on the sofa a gold chain, a locket, a ring, and a bracelet—I found 19s. 10d. on the male prisoner—my brother constable found a box containing a bonnet by the side of the bed—the male prisoner resisted, which caused some confusion, and I could not make a search at that time—on 26th I took the female into custody at 3, Hyde-villas, Battersea—I told her she was charged with receiving articles that were found at 12, Lavendervillas—she said she was very sorry for what she had done—I told her there were some articles still missing—she said she took a parcel out on the Saturday, and gave it to a man whom she did not know—I afterwards went to Lavender-villas, and found this gold watch (produced) at the bottom of a basin of water—I had said something to the female before that about missing a watch, and she said she knew nothing about it—the room had been locked up, and in my possession from the time I first went.
HENRY STERLING (Policeman, V 289). On 22d May I went with the last witness to Lavender-villas—the female prisoner asked me to allow her to take off her frock—I said, "Can't you leave it till we have gone?"—she said, "No, I should like to take it off now"—there being a single man in the room I ordered him to leave, telling her at the same time that I was a married man—she took off her dress, and then took off two petticoats—she then went and sat on the sofa—I saw her very fidgety, as if she wanted to put away something—I saw her hand go behind her—I took no notice of it at the time—she then pulled off a pair of stockings and a pair of boots—after she got up I went to the sofa, and in the presence of the last witness I found this girdle, this bracelet, a gold chain and pendants, and this ring, close behind where she sat—this brooch I saw her put on the mantel-piece—the stockings she took off were marked with Miss Windeatt's initials—the boots and petticoats have also been identified by Miss Windeatt, and are here today—I said to the male prisoner," Did you bring any box whatever here?" and he said, "No."
Curtis. The things I had on were brought home by him, and I put them on. I had no jewellery about me.
ROBERT KOMITZE . I am a cab-driver—on the morning of 20th May I was driving near the Fountain, Kensington-crescent, and saw the male prisoner there sitting on that box—it was wrapped up in that cover—he called me, put his box on the cab, got up on my box by my side, and told me to drive him to Clapham-junction—we were pretty nearly half an hour going there—I put him down at 10, Lavender-villas, Lavender-road—I took the box off the roof of the cab, put it on his shoulder, and he carried it into the house—I stayed there five or ten minutes, and he sent a little girl to borrow the money to pay me—after the girl came back he had some money—he asked me my fare—I told him my fare was half-a crown—he gave me 5s. a glass of ale, and a cigar, and told me if anybody should ask me I was to say that I set him down at Chelsea-bridge.
CHARLOTTE BREWER . I am servant to Mrs. Lovecraft—on 19th May this card was put in the window, and on the next day, about half-past 10, a man called—I believe it to be the male prisoner—he said he had called for what there was for Johnson the carrier—I told him there was a box—Rose Tuck, my fellow servant, was present—she gave him Miss Windeatt's box—there was a holland cover on it, and a direction.
Clapham—I know the prisoners; they lodged at my house, in the front room—they lived together there—I saw the policeman in that room after the male prisoner was in custody—the prisoners paid rent for that room.
Curtis's Defence. I was in Kensington, and met a man who I had been in the habit of buying things of, and he asked me to take this box down to my house in a cab, and I did so. I never knew it was stolen, no more did my wife, or she would never have put the things on.
Jennings's Defence. I was not aware the things were stolen. They were brought home by my husband.
CURTIS— GUILTY on the First Count.
JENNINGS— GUILTY on the Second Count.
CURTIS was further charged with having been before convicted of felony in October, 1861, at Newington, and sentenced to Twelve Month's Imprisonment; to which he
PLEADED GUILTY.— Five Years' Penal Servitude. JENNINGS—
Confined Three Months. There were three other indictments against the prisoners.
MR. WHARTON conducted the Prosecution.
CHARLES KETTLE . I live at 25, Bridge-street, Homerton, and am a shoe-maker—on the night of 9th May, between 9 and 10, I was at home, with my sister, mother, brother, the prisoner, and two more, next-door neighbours—the prisoner was causing a disturbance, I asked him to go to bed, and he would not—he was a lodger in our house—he swore at me, and said he would murder me; and he said, "I won't go to bed; I will stab you"—he then took this hook (produced) from his pocket—I ran round the table, and he reached over the table with it, and stuck it in the palm of my left hand—I caught hold of the hook with my right hand, and got it out of my hand—he then said, "I will stick it in you"—I said, "You have done it"—I asked my sister to catch hold of the hook; I let go of it, and fell to the ground—I was faint with pain and loss of blood—my hand was bleeding very much—I have had pain from it since—when I got to Worship-street, the doctor attended me—it was ten days before I could go to work.
COURT. Q. Tell me again the words that were used? A. I said to him," "Jem, go to bed"—he said, "I won't; I will murder you"—it was a mistake just now when I said that he said, "I'll stab you"—he had had a little to drink—he is my brother-in-law.
JAMES BRAY (Policeman, N 125). I took the prisoner into custody, and took this book from his right-hand pocket—he said the wound in the hand had been done in a struggle between himself and the last witness and another brother—he was in a very nervous state, and appeared to me as if he had been drinking very much; he was trembling very much—the prosecutor was quite sober—his hand was bound up—there was a quantity of blood about the house.
Prisoners Defence. I and my wife had been having some words about her being out so late. She had given me some cause for jealousy. The prosecutor and his brother were sent for to the public-house, and I had a struggle with them when they came back, and they gave me a wound on the face. It was in the course of the struggle that his hand was torn.
COURT (to JAMES BRAY). Q. Did you see anything on the prisoner's face? A. He had a fresh scratch on his face—it was bleeding then.
COURT (to CHARLES KETTLE). Q. Were you fetched home in consequence of some quarrel? A. Yes; the prisoner had gone to meet his wife, and he
was angry about her being out so late—they were not quarrelling when I got home, the row was over—my brother was fetched over first, and when I came in, he began to go on at me—I saw the blood running down my sister's face, and asked what was the matter—she said "He has struck me and your mother;" and that was how the disturbance began again—he said he was master there, and I said he was not—I did not assault him at all, nor did my brother—the prisoner had some scratches on his face—I saw no blood on his head—I did not know there was any hook in his pocket at the time.
NOT GUILTY .
MR. COLLINS conducted the Prosecution.
SOPHIA WATSON . I am a widow, and reside at 5, Mint-street, Southwark—on the Friday before 17th May, I met the prisoner in Great Earl-street—I asked him if he knew where my son was lodging at present, as he had taken my son, on a previous occasion, to lodge along with him—he said, "No, I do not; but if you will wait here, at Aldridge's, I will go round to Newport-market, and see if he is there"—I gave him threepence to buy some tobacco, and afterwards went with him to a public-house in Newton-street, Holborn—he asked me if I would treat him if he went to look for my son—I said, "I don't mind that, James;" and he said he had a young woman, and he asked me if I would treat her—he went and fetched her, and I treated them—a quartern of gin was called for, and I put down a half-crown—the barman gave me 1s. 11d. change, which the prisoner took up, and put in his pocket—when we came out of the public-house, I said to him, "James, you took that change out of that half-crown; give it to me, I want it"—he said, "Your change?"—I said, "Yes"—he said, "I don't believe you have the rest of the money now"—I had a half-sovereign and two shillings—he saw that when I gave him the threepence, because he asked me to lend him three or four shillings, as he was hard up—I then went across the street, and he said, "Show it me?"—I opened my hand—he snatched the money from my hand, and gave me a violent blow in the face with his fist—he injured the bone of my nose, and it is only getting well now; I could not see a bit afterwards—he ran across to the house where his young woman had come from, next door to the public-house, and ran up stairs—I saw no more of him that day—he left me without a penny, and I was obliged to go into the Workhouse—when he asked me to lend him four or five shillings, I said I could not, as my clothes were in pledge—this is the third time he has served me the same—I have a small income from Lincoln's-inn.
Prisoner. Q. Did you not call me down stairs? A. No; you were at the window, and you came down—you have threatened me on several occasions; you have said you will be hanged for me yet.
JOHN CORNALL (Policeman, C 109). About 8, on the night of 16th May, the last witness pointed out the prisoner to me; he was in Newport-market, driving some cattle—I took him into custody, and told him what he was charged with—he said, "I was with her, but I know nothing about the robbery"—I took him to the station, searched him, and found four shillings, and a duplicate relating to a ring.
Prisoner's Defence. She called me down stairs as I was looking out of the window, and asked me to go and get her son. I went to a public-house to see if I could see him, and I could not I came back, and she asked me to
have something to drink. I said I did not care about it; I saw she had been drinking herself. I afterwards had some gin with her, and then she said, "Ain't you going to give me something to drink?" and I took her in, and gave her some gin. I put down a two-shilling piece, and she took up the change, and said it was hers. I have a witness to prove that she had a half-sovereign in her mouth, and wanted her to go and drink.
COURT (to JOHN CORNALL). Q. Had the prosecutrix a mark on her eye? A. Yes; three days afterwards she had a black eye.
The Prisoner called.—
ANN OAKES . I am a married woman—my husband is a sweep, at 31, Charles-street, Drury-lane—I was coming home from work on a Friday afternoon at half-past 2, and I met this woman coming out of a public-house—she said she was going to have a cup of tea next door to the Windmill—as she was coming up, she made a run, and knocked her face against the lamp-post—I went and picked her up, and she asked me to show her where King-street was—I took her as far as Charles-street—she had some money in her mouth, and she put her finger in her mouth, and asked me to have something to drink—I said, "No, I do not require it"—her face was bleeding, and I asked her to allow me to wash it, and she would not let me do so—she was alone—I don't know what day this was—it is about three weeks ago now—I recollect it, because my brother-in-law came home from the Militia on the same day.
GUILTY .— Confined Nine Months.
MR. GOUGH conducted the Prosecution.
JAMES MCCORMACK . I live at 4, Stewart's-buildings, High Holborn—last Saturday, 14th May, about a quarter-past 10 in the evening, I was at the corner of Crown-street, Oxford-street, with the prisoner and a young man named Donovan—I was not sober—we had been together all day—I and Donovan were fighting, and while doing so, the prisoner stabbed me with a knife twice in my neck, once at the side of the jaw, close by my ear, and once on the back, just under the left shoulder—I saw the knife when I turned round, and tried to catch hold of her, but I could not—I fell, and she got away—I was bleeding and became insensible—I can give no reason why she stabbed me, except that I was fighting with the other man—I don't know whether he was a friend of hers—I did not hear her say anything when the stabbed me—I told Donovan that I was stabbed, and he left off fighting—I saw no more of him till I came out of the hospital—I was in there three days—the stabbing took place in Arthur-street, facing St. Giles's Church—I have now got well of all my wounds.
CHARLES WALKER (Policeman, E 62). At a quarter-past 10 on the evening of 14th May, I was at the comer of Crown-street—I saw the prisoner, the prosecutor, and Donovan—there was a mob of twenty of them—I could not see who was fighting—I separated them, and they went away towards Arthur-street—about twenty minutes to 11 the same evening, I saw the prosecutor again—he was bleeding very much indeed, and I took him to a doctor's, and afterwards to the hospital—I afterwards received some information, and went to a court at the back of Church-lane, and found the prisoner on the floor in a house there—this cloak was close by her head, and
there are marks on it of a knife having been wiped with blood on it—I told her the charge, and she made no answer.
DANIEL GAHAN . I am fourteen years old, and live at 3, Clark's-buildings, High-street, Bloomsbury, with my mother—on Saturday, 14th May, about 11 at night, I saw the prisoner run up Clark's-buildings, and try to throw a knife over the wall—I am sure it was a knife—she could not throw it high enough, so I picked it up and opened the blade—it was then stained with blood—the prisoner turned back the second time, and she heard the prosecutor coming up with two policemen, and she ran away somewhere towards St. Giles's Church—this is the knife I picked up (produced)—I took it to the inspector at the police-station—the blood was quite fresh and wet on it—I am sure the prisoner is the person I saw—she had a light dress on, and a cloak over her head.
Prisoner. I have no other clothes but these.
ALEXANDER BRUCE . I am house-surgeon at the University Hospital—on Saturday, 14th May, between 11 and 12 at night, the prosecutor was brought to the hospital—I found two punctured wounds on the back of the neck; one nearly in the middle line of the neck, about half an inch deep, and one on the right side, and a small cut on the lobe of the ear—next morning, I found a small wound on the shoulder-blade—the wound on the right side at the back of the neck was about an inch or an inch and a-half in depth, extending in a direction downwards, forwards, and to the right—it was bleeding freely; it was of a dangerous nature, and severe—it extended in the direction of some arteries—the wounds might have been caused by such a weapon as this—they are all well now—he was kept in the hospital about three days.
The prisoner's statement before the Magistrate: "I was perfectly intoxicated, and I don't know anything about it."
Prisoner's Defence. On the Saturday night, the inspector fetched the little boy, and asked him if he could identify me. He said, "No;" and on the Monday, when I was having a hearing at the Court, the boy came and swore that I was the woman. He said I had a light dress on. I have no dress but this. I am very sorry I have done such a thing. I never did such a thing before in my life.
GUILTY of unlawfully wounding. — Confined Six Months.
The following prisoners PLEADED GUILTY.—
MR. COOPER, for the prisoner, stated that the prisoner's father had paid the amount of the defalcations, and that he was on his death-bed.
MR. LEWIS, for the Prosecution, stated that he had a medical certificate of that fact, and that the Prosecutor would be quite satisfied if the prisoner was allowed to enter into recognizances. To enter into recognizances of 100l. each, and himself in 200l. to come up for judgment when called upon; [Pleaded guilty: See original trial image.]
626. JAMES DOUGLAS (20) , to feloniously receiving 1 coat, 4 pairs of trousers, 4 waistcoats, and 1 handkerchief, the property of Burwell Hunt.— Confined Six Months. [Pleaded guilty: See original trial image.]
FOURTH COURT.—Wednesday, June 8th, 1864.
Before Mr. Commissioner Kerr.
MR. ORRIDGE conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
JOHN DALE . I live at 23, Severn-street, St. George's-road, and am fore-man to Thomas Fairchild, of Christian-street—on 3d May, I was going across Tower-hill, about 4 in the afternoon, and saw the prisoner there—he had a pair-horse van, loaded with casks of butter—he was lying down in the front of the van with a cask of butter by his side—the head of the cask was out, and he was digging out the butter with a piece of stick—another man was standing behind the van, and directly he saw me he ran up to the prisoner—he got up on the wheel and hit the prisoner, who said something I could not hear—the other man then get down and walked away—I watched the prisoner—he got out of the van, and drove the horses across Tower-hill to George-street—he stopped there, a constable came up and I told him what I had seen, and I went and fetched the prisoner's master—he came, and I told him I had seen the prisoner taking some butter out of a cask, and the prisoner said he had not been doing it—I turned the cask over to the tail part of the van, and showed it to the prisoner, and he said it was so when he received it—I found the butter, which had been taken out of the cask, in the nose-bag under the van, wrapped up in a piece of linen rag—I gave him into custody—Mr. Priestley said he should leave it entirely to me.
Cross-examined. Q. Is Mr. Priestley here? A. He is not—I was formerly in the police, and left it six years ago—I left because I was convicted at this Court for an assault—I was discharged because of that conviction—I was in the force about two years—I could not find the stick with which the butter was taken out—a portion of the head of the cask was out—I know a man of the name of Webb—he said the casks were properly coopered up—I say one had been removed—I have been twice to Mr. Priestley to come here, but he could not leave his business—he did not say he did not want to prosecute—I do not know that the prisoner has been five or six years in his service, but I believe he has not—my duty is to go about looking after our own men—we have some forty or fifty—I am an "amateur detective," if you like to put it as such—men are not in the habit of waiting where I saw the prisoner's van—the prisoner loaded some hops after that—there were not a great number of other waggons there.
MR. ORRIDGE. Q. Do you know if the waggoners waiting for their turns, are in the habit of removing butter? A. I hare never seen that—the assault of which I was convicted was upon a cabman.
WILLIAM WEBB . I live in Manor-street, Old Kent-road, and am ware-houseman to Messrs. Joseph Barber and Co., of Lower Thames-street—Mr. Priestley is our head carman—he does most of the carrying work—on the afternoon of the 3d May, I delivered fifty-three casks of butter to the prisoner as carman—when they left the warehouse they were in good condition, and all sound—the heads were all nailed down, and all well coopered.
Cross-examined. Q. Have you seen the casks since? A. I saw one at the police-station—Mr. Priestley took me up to the station on the 4th, the
next day—I believe the prisoner has been two or three years in his employ.
MR. ORRIDGE. Q. In what state was the cask when you saw it at the police-station? A. There was a part of the head out, and a hole in it, and some of the butter out.
JURY. Q. Did it look like a fall? A. I did not take particular notice all I saw was the head was off, and a hole in the butter—it did not look as though it had fallen out.
CHARLES HOSKING (Policeman, H 107). On 3d of May, the prisoner was given into my custody by Dale—Mr. Priestley told him to give the prisoner in charge for stealing the butter—he said he knew nothing of it, and the butter was as he received it—he said nothing about the cask falling out.
Cross-examined. Q. Was the prisoner sober, or had he been drinking? A. He appeared to be quite sober.
The prisoner's statement before the Magistrate:—"I did not touch the butter at all."
NOT GUILTY .
OLD COURT.—Thursday, June 9th, 1864.
Before Mr. Baron Bramwel.
MR. WARTON conducted the Prosecution, and MR. COLLINS the Defence.
MARY ANN WALKER . I am the wife of Joseph Walker, a weaver, of 11, Cheshire-street—on Tuesday, 10th May, between 8 and 9 in the evening, I saw the deceased bleeding from the head, at her own door—I took her up-stairs and washed her head—I saw the prisoner in the passage—he said, "She struck me first, and I struck her back."
Cross-examined. Q. Was the deceased intoxicated? A. They were both a little so; they did not know what they were about at the time—when I went up stairs I found the prisoner there, sitting on a chair bleeding violently from the head—he was not stupid with drink—he was a little the worse for liquor—there was a good deal of blood from the deceased's head, and from the prisoner's also—she said, "It serves me right; for I struck him first"—she asked me to take her to the hospital, which I did—I have known them thirty years—the deceased was always a hard-working industrious person, and the prisoner the same—they led a very happy sober life—they never quarrelled—I never saw him strike her before.
ELIZABETH BLAKE . I am the wife of William Henry Blake, and live at 5, Ramsay-street, Bethnal-green—on the night of 19th May, I went to the deceased, and helped to bathe her temples—the prisoner was there—I asked what he had done to her—she said he had struck her, but she had struck him first—I don't know who said it, but I heard it said in the room that it was done with a broom—they were both a little under the influence of liquor—I met the prisoner next morning, and he told me to mind my own business.
Cross-examined. Q. How long were you in the room? A. About twenty minutes or half an hour—the deceased's head was bleeding at that time—she was taken to the hospital that night—she said she had struck him with a
broom—she did not seem at all faint then—she had been drinking—they occupied the first-floor—I had known them about thirteen years—generally speaking, they were happy and comfortable—he was the most indulgent husband.
SAMUEL GOODCHILD . I live at 7, Cheshire-street, Bethnal-green—I am the son of the deceased—I went to see her in the hospital on Sunday, the 19th—she made a statement to me—the prisoner is my step-father.
Cross-examined. Q. How long had they been married? A. About thirty-three years—they always lived very comfortable together—I never knew them quarrel—he was always good to her, and was like a father to me—she begged that he might not be hurt, because she struck him first.
NATHANIEL ECKFORD . I am house-surgeon at the London Hospital—I saw the deceased when she was admitted there on 19th May—she lived six days—she had a severe scalp-wound on the top of the head; that wound produced erysipelas, which caused her death—her internal organs were in a most diseased condition; that also caused erysipelas—the two causes combined, the condition of her body and the wound, caused the erysipelas, which ended in death—I made a post-mortem examination—there was extensive fatty degeneration about the heart, liver, and kidneys; the other organs were tolerably healthy.
Cross-examined. Q. Were the kidneys very much diseased? A. Yes; in a person who had diseased kidneys, any slight wound will cause erysipelas—the lungs were congested, but that was quite secondary—in almost every death the lungs are congested towards the last—erysipelas frequently comes on without any wound, but in this case the wound caused it; there would have been none without—she was somewhat advanced in life—in this case the erysipelas commenced around the wound; in common erysipelas it commences about the face—there are exceptions to that; it may occur in any part.
GUILTY.—Strongly recommended to mercy by the Jury. — Confined One Week.
Cross-examined. Q. What time did he go out that evening? A. About half-past 9—he was not accustomed to take too much; he would take a little porter, but never took spirits—he was perfectly sober when he went out that evening—he was tall and thin, not quite so tall as the prisoner.
JOHN FISHER . I reside at 2, Ranelagh-mews—on Saturday, 21st May, I went out with the deceased about half-past 9—we went to the Manor-house, and had a pot of porter there between four of us—after that we went down the mews to look at some cattle, and had one pint more beer between three of us—we then went to the Old England public-house, and had a pot of beer there between four—we then went back to the Manor-house, and there had two pints between three—we then came back outside the Old England public-house—there was an oyster-stall there; I and the deceased had some oysters, and a man named Bacon treated him to a shilling's worth—when he had had a few Healey asked the fishmonger how many he had had—he said 1s. 1 1/2d. worth, and we had only had 6d. worth—Healey said the fishmonger
wanted to cheat him—the prisoner was there, and he replied that the fish-monger would rather give him half a dozen than cheat him out of one—Healey said that he knew more about him than he did; he had known him longer—after that the prisoner and Healey commenced quarrelling about driving—Healey had a bottle in his hand; he handed it to me—I told him not to go and kick up a row—he said he was not going to, he was only going to shake hands with the prisoner—he went round to Bacon, and spoke to him, and while he was doing so the prisoner came up and hit him in the face—he fell backwards on the ground, and chucked out his arms—I went to him and found he was dead—Bacon and I picked him up and took him into the mews—he was perfectly sober.
Cross-examined. Q. As sober as you were, I suppose? A. Yes—I was perfectly sober; he was in a passion—I told him not to go and fight, and kick up a row—he called the prisoner some very filthy names—he said he was a b——y gardener, and only fit to drive pigs—after he gave me the bottle, he went as if he was going to the prisoner, and he met Bacon—he was on the pavement when he gave me the bottle, and the prisoner was in the road—the prisoner said, "I am going home; good night," and then Healey gave me the bottle, and said, "I am going to have a word with him first"—the prisoner was not in a passion; I did not see anything the matter with him.
MR. WILLIAMS. Q. Was it after he said, "I mean to have a word with him" that he said he was going to shake hands with him? A. Yes.
COURT. Q. Did he square at the prisoner at all? A. No; he had his hands down and his pipe in his mouth, and the pipe fell out of his mouth and was broken—he was speaking to Bacon at the time he was struck.
JOHN BACON . I reside at 36, Delamere-crescent—on this Saturday night, about twenty minutes past 12, I was standing at the oyster-stall outside the public-house with the prisoner—Healey came over to me; he was sober—through speaking to him the prisoner asked him to drink with him, which he did, and I asked him to have some oysters—I put down a shilling, and then left for about ten minutes—when I returned Healey came to me, touched me on the shoulder, and said, "What do you think of that man? he wants to fight me," and pointed to the prisoner—he had a pipe in his mouth—the prisoner pulled off his coat, threw it at my feet, and knocked him down there and then—I looked at him when he was on the ground; he never spoke or moved afterwards.
Cross-examined. Q. Did you say to the deceased, "Don't kick up a row? A. I said it to both of them, not to one more than the other—the deceased was perfectly sober—I knew him previously—I never saw him drunk; I only saw him once when he had had a drop too much, and then he was just married—I had not known him above three months.
GEORGE OLIVER DORWORTH . I am a fishmonger—I sell oysters at a stall outside the Old England public-house—on Saturday night, 27th May, about two minutes to 12, Bacon came to my stall, and while he and the prisoner were there Healey and Fisher came up—Bacon put down a shilling for Healey to have some oysters—I opened them—there were some words about there not being the proper number—the prisoner said, "I don't think George would wrong you of an oyster; I have known him for some time, and I think he would rather give you half a dozen than wrong you of one"—Healey sad, "I dare say you know a b——y lot about it"—after that they got into words about coachmanship—Healey look at the prisoner up and down, and said, "I dare say you are a b——y fine coachman; it would be about your style to be kept to feed the pigs"—he had put a bottle on my
board; he took it up and handed it to Fisher, and said, "Jack, take my bottle, I will see what he can do"—he then walked off the pavement into the road—Bacon came up at the same time, and he said, "Look here, Mr. Bacon"—in the meantime he was in the road in a fighting attitude—the prisoner said, "If that is what you mean, I will be with you," and he pulled off his livery-coat and threw it towards me—Healey was so close to him that it was more of a push than a blow; at the same time the man fell down, and never moved afterwards—I did not go up to him, I was so disgusted with the man and his language.
Cross-examined. Q. Was he sober? A. He was not drunk; he was the worse for liquor, and quarrelsome; he was quite white with passion, and foaming at the mouth—I cautioned him about swearing so, and told him to be quiet, and he told me to be d——d, he would swear there or anywhere else—Fisher also cautioned him, and said, "Don't have any row"—after about half an hour of the jangl. the prisoner was going, and he wished me good night, and Healey said, "Stop a moment, I want to have a word or two with you before you go"—it was then that he put the bottle down.
MR. WILLIAMS. Q. You say he put himself in a fighting attitude; must Bacon have seen that? A. I don't think Bacon was back in time to see anything—Fisher was standing at the barrow about two yards off.
COURT. Q. Had the deceased a pipe in his mouth when he was struck? A. Whether it was in his hand or his mouth I could not say, but I heard it fall when he was struck—he was in such a state of madness I believe he did not know whether the pipe was in his month or his hand—it was a very short pipe.
EDWARD PARKER YOUNG . I am a surgeon at 10, Delamerecrescent—on Sunday morning, 22d May, I was called in to see the deceased at 2, Rane-lagh-mews; he was dead—I made a post-mortem examination—on examining the mouth there was a bruise inside the upper jaw, just beneath the nose; it was about the size of a shilling, externally—there was no discolouration—on removing the scalp there was a quantity of effused blood, and there was a bruised spot, about the size of the palm of the hand, between the scalp and the bone at the back of the head—on removing the calvanium there was a quantity of dark venous blood, which, in my opinion, was the cause of death—the other arteries of the brain were healthy—I could discover no smell of alcohol in the stomach, nor any appearance as if the man had been drinking to excess—the cause of death was extravasations of blood on the brain—a fall would cause that; it was not done by the blow—the mark on the lip might have been caused by the knuckles of a man's hand; that blow must have been sufficient to knock a sober man over.
Cross-examined. Q. Supposing you had heard nothing of the circumstances of the case, were the post-mortem appearances such as would be found in a case of apoplexy without violence? A. Yes, taking the appearance of the bruise alone—the bruise at the back of the head might have been produced in a fall from apoplexy—it is probable, but not possible, that apoplexy might have arisen from passion, and from his having partaken too freely of porter—there was very little blood in the right cavity of the heart—in apoplexy you generally find the right cavity full and the left empty.
MR. WILLIAMS. Q. Taking the other internal appearances, did they exhibit any symptoms of apoplexy? A. Not the slightest—death must have been instantaneous.
The prisoner's statement before the Coroner being put in, alleged that, thinking the deceased was about to strike him, he put up his hand to stop him, and he fel.
GUILTY.—Strongly recommended to mercy by the Jury in consequence of the provocation he received. — Confined One Week.
NEW COURT.—Thursday, June 9th, 1864.
Before Mr. Recorder.
631. JOSEPH HARRIS (34), and JARVIS SNAPE (20) , Burglariously breaking and entering the dwelling-house of Henry Webb, and stealing therein 4 coats, 2 umbrellas, 1 book, and 72 postage stamps, his property.
MR. AMOS conducted the Prosecution, MR. BEST defended Harris, and MR. SHARPE defended Snape.
GEORGE BUTTON . I live at 62, Banner-square—on 8th May, about 3 o'clock in the morning, I was awoke by my dog barking in the passage, and on going to the window I saw Harris at the shutters of the parlour window of the Hope public-house, which is next door, and projects twenty feet in front of my house—the window is near a little wall, about three feet six inches high—I had a view of him—he had both his hands where the shutters meet—he then pulled with both hands, and with his left hand he pulled the left shutter open, and the right shutter with his right, making a noise—he then put his right hand to the centre window, just under the fastening, and then the glass fell, making a great noise—I did not see him strike it or see any instrument in his hand—I opened the window, and he turned his head up and looked me deliberately in the face—he then jumped over the wall into the garden of my house, and turned out at the gate, staggering us if he was drunk, and got out of my sight—Snape and a tall man were standing opposite me, rather to the left—there was a lamp opposite me—I saw the prisoner take both hands to the window to shove it up—he then entered the house—I threw up my window, making a great noise—I asked for my revolver, which my wife gave me, and fired four shots, while he was in the house—just as I had fired the fourth he came out at the window, placing two coats, one of which appeared very stiff, on the window cell, then he jumped over the wall into my garden, taking both coats under his left arm—he turned round the corner, and just as he got to the corner he made a run—there was a lapse of about a minute between each shot I fired—when I fired the first shot, the tall man, with Snape, walked about twenty yards, and came over by the window—I heard his footstep by the front of the door of the public-house, and then he went off—just as the fourth shot was fired, Harris was coming out at the window—Snape then moved from the tree where he was standing, and walked down directly opposite me under the light of the lamp, and then he went away as Harris went out of the garden with the coats—I then fired a fifth shot—Snape was talking with the tall man very loud, but I could not catch the words—just after the fifth shot was fired, 57G came up—I told him what had taken place—Harris was sixteen or seventeen feet from me; no further then he is now, only he was rather down—I am certain Snape is the same person.
Cross-examined by MR. BEST. Q. How many storeys is your house? A. Two—I sleep on the second-floor, which is from fifteen to seventeen feet from the ground—it was 3 o'clock in the morning—it was getting light, and there was a lamp about twenty yards off, and nearly opposite—I had never seen Harris before—I saw him again the same morning at the station-house—when the constables came for me, they said that they had got two men—I went to the station, Harris and two or three other men were there; the
prisoners were rather in front of the others—I rather took those in disguise to be policemen, or something of that sort.
Cross-examined by MR. SHARPE. Q. When you were examined before the Magistrate did not you think that at the station you only saw the two prisoners? A. Yes—I did not try to shoot Harris, if I had I should have hit him—the pistol was loaded with ball—the balls struck within four or five feet of him—I did not aim at him—I was a little excited—Snape was over twenty-five yards off—when he was at the tree the light of the lamp was on his side face, but afterwards his face was directly in front of me—it was rather dark—when I was at the station, I said "That is the principal, "Harris," and that is the other, "Snape—I saw Snape before I touched the revolver; just before I fired the first shot.
HENRY WEBB . I keep the Oak public house—on 8th May, I was disturbed about 3 o'clock in the morning, by a policeman, and Mr. Button—I found them in my public parlour—I missed four coats, three umbrellas, a pocket-book, and about six shillings' worth of postage stamps—I went to bed about 1 o'clock, leaving everything safe—I found the window open, and a pane broken.
WALTER PARSONS (Policeman, G 57.) On 8th May, about 3 o'clock in the morning, I was on duty in Bunhill-row, and heard the report of fire-arms—I ran into North-court, and met a man coming out of the court with a coat on his arm, about forty yards from the prosecutor's premises—I saw the prisoners standing at the end of Prince's-court, two houses from North-court on the same side of the way—I said, "Halloo, what do you do here at this time of the morning?"—Snape said that they were asleep in their sister's house, and were awoke by the sound of fire-arms—I said, "Do you know where the sound came from?"—Snape said, "Up at the top of the street"—that was past the prosecutor's premises—I ran up the street, and when I got opposite the Hope, Mr. Button looked out at the window and told me something—I ran back directly to see if I could see Snape and Harris and the other one, but they had all gone, though it was not half a minute before I returned—it was a tall man who I saw with the coat—I have known Snape several years.
Cross-examined by MR. BEST. Q. Does Harris live in the neighbourhood? A. Yes, in Prince's-court, against which he was standing.
Cross-examined by MR. SHARPE. Q. Is Snape a box maker? A. Yes—he told me that the shot had been fired a long distance beyond where it had been fired—I do not know his address, or that he lives with his brother-in-law in North-court, or that he goes there often to sleep—I never saw him there before.
HENRY SHAW (Policeman, G 77). On Sunday, 8th May, I met Harris in Old-street, with Jarvis—I told Harris I should take him in custody on suspicion of being concerned with two others in breaking into the Hope public-house, Banner-street—he said, "Well, I was there, and heard the man's dog bark in the corner, and I saw the man fire the pistol; it made enough noise to rouse the whole neighbourhood; I saw a man come out at the window with a coat on his arm and an umbrella, and if Parsons had not been asleep he might have caught him"—he said that Jarvis Snape was with him—I took him to the station, and fetched the prosecutor and Button—the two prisoners were placed with other persons, and Button picked out Harris as the man who got out at the window, and Jarvis as the man standing outside.
Cross-examined by MR. BEST. Q. Had the other parties all blue trousers
on? A. Not that I am aware of—it was then 12 o'clock in the day—they had not blue trousers; they had private clothes—they were policemen—we got three or four policemen in plain clothes—they all stood up together, and when we had got them all right. Button and the prosecutor, who were outside, walked in and pointed to them—there were not four or five behind, and the two prisoners in front; they all stood in a row—I believe Harris did not say, "I heard the shot fired," but "I saw the shots fired," though I will not be positive.
Cross-examined by MR. SHARPE. Q. At the station was there any third person between the prisoners? A. No, I believe not—I do not think they stood together; one was on the outside and the other in the centre—Snape was not present at the conversation with Harris—he was some yards ahead of me, and could not have heard any of it.
WILLIAM MILLER (Policeman, G 148). I took Snape—I said that I should take him in custody—he said, "What, again?"—I said, "Yes," and told him to be careful—he said, "What for?"—I said, "For being concerned with two others in committing a burglary at the Hope public-house, Banner-street"—he said, "I saw a man coming away with the coat and umbrella from the house, and I called Parsons"—I took him to the station—I fetched Button about two hours afterwards, and Snape said, "You are a d——d pretty fellow to say it was us when we were not near the place"—I was with Shaw when he took Harris. The prisoners received good characters.
HARRIS— GUILTY .†— Confined Nine Months.
SNAPE— GUILTY .**†— Confined Eighteen Months.
THIRD COURT, Thursday, June 9th, 1864.
For the case of Sarah Weston, tried this day, see Surrey Cases.
Before Mr. Common Sergeant.
CHARLES LANCASHIRE . I live at Angel-place, Stratford New Town—on the night of 19th May, I and my family retired to rest—I left all fast and went to bed about half-past 10—I got up about half-past 5 in the morning, and found the kitchen window open, and the curtain lifted down—I missed a top coat, a black frock coat, two bed-gowns, two shifts, and several other things—these boots (produced) are my own work—I put the soles on them—I had them on the night before, and I missed them in the morning—the policeman brought them to me on the following morning, about half-past 1—this knife is mine—I have had it some years—it was safe in my house the night before, on the sideboard—my house is in the parish of West Ham.
WILLIAM VOUSDEX . I live at Stratford New Town, within 100 or 200 yards of the last witness—about a quarter-past 1, on the morning of 21st May, I was in bed laid up—I had occasion to get out of bed at that time, and I saw the prisoner outside the window in the street—my shutters open inside—he stood there a few minutes, and then raised my window up—he
was coming in, and I called out "Stop thief!" and "Police!" and by that he ran away into the policeman's arms—the policeman came round at 5 o'clock, and asked me if I had given the alarm, and told me they had got the man in custody—I am sure the prisoner is the man I saw at the window; there is no mistake about it.
Prisoner. He is taking a false oath.
JOHN TAAFFE (Policeman, K 317). On the morning of 21st May, I was on duty in Stratford New Town—I heard a cry of "Stop thief!" and saw the prisoner running from the direction of the cry, with neither boots nor stockings on—I ran after him—as I came within about a yard of him he dropped this boot out of his hand—I stopped him, and asked him what he was about, and he made me no answer—I took him back and picked up the boot, in doing so he attempted to get away from me—I had a struggle with him for a few minutes, and then sprang my rattle—a brother constable came to my assistance, and we took him to Mr. Lancashire's house, called him up, showed him this boot which the prisoner had dropped, and he identified it—we then took the prisoner to the station, and the other constable found this knife upon him, which has been identified—we afterwards came back and found the fellow boot in the garden close by the house—some silent matches were also found on the prisoner.
Prisoner's Defence. I had a drop of drink; I had not the boots at all when he caught me; I bought the knife for fourpence; it is all false that is brought against me; I did not run.
GUILTY .— Confined Twelve Months.
Before Robert Malcolm Kerr, Esq.
MR. COOPER conducted the Prosecution.
JOSEPH BEARDMORE . I reside in the Stowage, Deptford, and am superintendent of the General Steam Navigation Company's works in the creek—James Wilkins is chairman of the Company—on 17th May my attention was called to footmarks in my garden, which adjoins the factory—I went round the garden and missed a large copper steam-pipe, weighing a hundredweight and a half or three-quarters, which had been lying in the yard close to the coppersmiths' shop—on looking about I found marks of the flange of a pipe, and sent for the police—I afterwards missed three pipes, which I saw at the police-station on the following Monday week—they were worth about 25l. as old copper—I have frequently seen Hill about my premises, and warned him off.
Hill. Q. You have seen me on the water, dredging? A. Yes, and on my premises.
JOSEPH TURNER (Policeman, R 237). On Sunday morning, 15th May, I went to Mr. Beardmore's premises, and traced footmarks from the factory road, across the kitchen garden, to a field adjoining—I saw the marks of the flange of a pipe, and traced them over a hedge to a lane, where I lost all traces of footmarks; but I traced the wheels apparently of a truck to Pope's-buildings
—on 16th May, between 2 and 3 in the morning, I concealed myself with other constables at Copperas-lane, and between 3 and 4 o'clock the shutters of 13, Copperas-lane, were opened, and somebody, who is not here, came out and walked up and down, where I could see him, till 5 o'clock, when O'Connor came from the railway arch and joined him—they walked on in conversation, occasionally going into Fish-street—about a quarter past 5 Hill joined them, and then the stranger went away, leaving the other two; and at a quarter to 6 the stranger came back with a van, which was dragged to the end of Fish-street, backed up to some posts, the tail-board was let down, and shortly afterwards the stranger and O'Connor came out with one of the large pipes on their shoulders, and placed it in the van, while Hill walked to and fro between the van and where I was concealed with the other two constables—O'Connor and the stranger went and fetched a second and a third pipe, and placed them in the van, which drove away with the three still talking together—we then made our appearance, and as soon as they saw us they made off—I passed Hill to take one of the others, but did not succeed—the van was stopped by a constable—I knew the prisoners well before, and the other man also—they all passed by where I was before the van came—I almost touched them.
Hil. I was going round the corner of the lane and met Mr. Turner. I stopped at my sister's door to get a clean slop and some money. One of the policemen said, "I shall have you." I said, "What for?" He said, "You know; come along," and then he accused me of stealing three copper pipes; that is all I know about it.
O'Connor. I got to the Oxford Arms about a quarter to 6, and met this stranger; Limerick they call him; the constable made a rush at us, and I ran away; that is how I got connected with the job.
SAMUEL PAYNE (Policeman, R 227). I was concealed with my brother constables on the 16th, and could see Copperas-lane and Pope's-buildings—I saw the prisoners bring the pipes and put them into the van—I first started after O'Connor, he got too far ahead of me—I overtook Hill as he was about to enter a house—he was running as fast as he could.
Hil. I was forty yards ahead of you when I stopped, and knocked at the door. I could have got away, for I passed all three of you.
GEORGE CALDWELL (Police-sergeant, R 36). I took O'Connor on 16th May—as soon as he saw me coming he ran away before I spoke to him—I followed him—he fell, and I took him—he resisted very much—I asked him why he resisted so—he said that he knew all about it; he was a fool for being there that morning—that was about a quarter to 9 in the evening—I took him to the station that night.
RICHARD WALFORD . I live in Hall-street, Deptford, and work for my father, who lets out vans—on 15th May he ordered me to have a van ready, and next morning, Boon after 5, a man came to the stable—I went with him and a van to Fish-street, backed to the posts, let the tail-board down, and the prisoners came up—O'Connor helped the stranger to fetch one pipe, and Hill was walking from the van to the bottom of Copperas-lane—he came and said, "All right," and then the stranger and O'Connor went and got another pipe, and then a third—the stranger helped me to put the tail-board up, told me to go on, and gave me 2d. to get a drop of beer at a house in the Kent-road, and told me to stop there till he came—I was afterwards stopped by the police.
Hill's Defence. I was not there. I walked straight round Pope's-buildings,
and never saw the last witness at all; if I had been guilty I should not have gone to my sister's; I should have got away.
O'Connor's Defence. It was half-past 5 on Monday morning when I was called out of bed. I got to the Oxford Arms at a quarter to 6, and met Limerick and two men not in custody. Two constables made a rush round the corner at me, and then I made away. I am innocent; the Magistrate let the other man off with 20l. bail, and he had as much to do with it as anybody else; if I bad been guilty I should never have gone into Deptford.
O'CONNOR— GUILTY .—He received a good character.— Confined Three Months.
HILL— GUILTY .—*†— Confined Twelve Months.
MR. WILLIAMS conducted the Prosecution.
MARTHA WHITE . I live at 2, Windsor-terrace, Sydenham—I shall be twelve years old on 8th July—I work for Mrs. Mary Ann Dean, a laundress—I take out the clothes—on 16th May I was sent to Mrs. Foster's to fetch some clothes, of Peak-hill, Sydenham—I had a wheelbarrow—before I went there I had received 3s. 9 1/2d. from Mrs. Charlotte—I tied it up in a corner of a towel—I received at Mrs. Foster's 9s. 4 1/2d.—I put that in the same towel in another corner, and placed it inside on the clothes in the barrow—on going down Peak-hill the barrow turned over—the prisoner with a man was there—she said, "Shall I help you to take it up, my dear?" and she came over and helped me up with the barrow—I went down Peak-hill, the prisoner was walking by my side, and I was in front—they passed, and then I missed the towel—that was only two minutes after they lifted the barrow—they left me together—I went after them—I said to the prisoner, "Please have you picked up a towel with some money in it?" and she said, "No, my dear, I will go back to your mother"—she said she had not seen it—there was then another man on the other side of the road—I did not say anything to him; but a man coming down the road took something from the hedge close by where I had overtaken the prisoner; the towel I had missed—the money was gone—it belonged to Mrs. Dean.
JONATHAN GIBSON . I live at Wells-road, Sydenham, and am a bricklayer and labourer—I was on the opposite side of Peak-hill, and saw the little girl with the barrow—I saw the prisoner go away from the barrow—the little girl I saw running after the prisoner and crying—I heard her say, "You have got my money and the towel; give it to me"—the prisoner said, I am sure I have not got it; I will go back, my dear, to your mother"—the girl then went back to the barrow—I then saw the prisoner chuck the towel out of her hand into a garden—a man coming alone picked the towel out of the hedge, and took it back to the little girl—I did not go across the road or say anything to the prisoner at that time—when I went across I said to her, "Give the little girl her money; you have got it; you took it"—I did not say anything about the towel—she said she had not got it, and I said that she had—the man went up the road—she said, "I will soon go and fetch my mother"—she went up the road, and I had got my little child and could not go after her.
CALVERT FORD . I am a porter—on the Monday in question I was passing down the bottom of Peak-hill—I saw the little girl at the corner of Peak-hill-road, standing by the barrow crying—in consequence of something
said to me, I went to the fence—I saw a towel which I pulled out, and gave to the girl.
JOHN HUTLEY (Policeman, R 297). I took the prisoner at Peak-hill, and told her she was charged with stealing 1s. 3 1/2d. from a little girl who had been sent for some linen—I told her she had stolen it from a towel—she said she had not seen the towel or the money—I took her to the station-house—she was asked if she had any money—she denied that there was any of any kind about her.
EMMA MITCHELL . I am the wife of a police-constable, and a searcher at the station—I was instructed to search the prisoner—she was unhooking her dress, and 2s. 1/2d. fell from the waist—I asked her what account she could give of it—she said she had denied it to the constable, but she had made the money by pledging some of her things.
Prisoner's Defence. I was coming over the hill; I saw the child running the barrow down; I ran across and asked her if I should help her up; when I was at the bottom I met a man and the child on the opposite side. I never said anything until the second witness came up, and he pulled a towel out of the hedge, but I never saw the towel.
COURT to WHITE. Q. Should you know the man again if you saw him? A. Yes.
GUILTY.— Judgment Respited.
The following prisoners PLEADED GUILTY:—
Before Mr. Common Serjeant.
MR. COOPER conducted the Prosecution.
GEORGE HAWKESLEY . I am a draper, of 22, Church-street, Greenwich—on Thursday afternoon, 5th May, the prisoners came, and Welland bought a bonnet for 1s. 11d.;, and other goods amounting to 3s. 6d.—there was a pile of goods lying across the counter—after they had left the shop, I walked round outside the counter where they had been standing—I am quite sure there were no linseys on the ground then—about two minutes after that, the prisoners were brought back by Mr. Nash's assistant and two police-men—whilst they stood in the shop together, I picked up a piece of linsey at Welland's feet, and immediately after they left I picked up two more pieces from where Gill was standing—the three pieces contained about forty yards altogether, and are worth about thirty shillings—they are my property—I am quite certain those pieces were not there when the prisoners left the shop—the floor of the shop was perfectly clear.
Welland. Q. Were there not other things all about the shop as well as on the counter? A. No; there was a chair about two or three yards distant with some goods on it—they were a class of linseys—they could not have fallen off the chair.
ANN COX . I am the wife of John Cox, of 3, London-court, Greenwich—on Thursday, 5th May, I was standing at the corner of the court, and saw the three prisoners go into this shop together—I am sure it was them—they
were followed by two constables and a young man—I went into the shop to buy a piece of tape—the prisoners were facing the door at that time—I saw Gill drop a piece of linsey from under her mantle, and when they moved away, I saw two pieces of print, both alike, one larger than the other, lying on the floor, and Mr. Hawkesley picked them up.
GEORGE BROWN (Policeman, R 249). I took the prisoners into Mr. Hawkesley's shop—I did not search them before I took them in—I was in the shop with them, with another constable—I never saw anything drop—we had our reasons for taking them into the shop—we took them direct from the shop to the station.
GUILTY .—WELLAND and GILL were further charged with having been before convicted of a like offence, Welland at Clerkenwell in September, 1862, sentence Eighteen Months' Imprisonment, and Gill at Westminster in Jul., 1859, in the name of Ann Flynn, sentence Four Years' Penal Servitude; to which they.
PLEADED GUILTY.**— Seven Years' Penal Servitude each.
BARRETT.— Confined Twelve Months.
Before Mr. Common Serjeant.
MR. BEST conducted the Prosecution.
GEORGE MESSENGER . I am a sawyer of 10, High-street, Vauxhall, between half-past 5 and 6 on the afternoon of 18th May, I was in Webber-street, Waterloo-road, and went up to the prisoner's oyster-stall—I had two-pennyworth of oysters, and I paid for them—there was nothing unpleasant between us then—I then went to a public-house, and had some refreshment with another young man—we then went back to the prisoner's stall, and there were some persons larking with the prisoner—I took up a penny worth of whelks with the intention of paying for them, and he said, "The first person who comes and takes up my goods I will stab him with a knife"—I had not said or done anything to him—I took the whelks up, and was taking them round to the back of the board to the prisoner for him to take them out of the shell, and as I was doing so he made use of that threat, and came round to the left side of the board and stabbed me in the back—the whelks fell out of my hands—I was in motion when I was stabbed—it was a violent blow—it went through the sixth and seventh ribs, and penetrated the lungs—it caused me to spit blood for ten days—I had not taken part in any of the chaffing that was going on.
WILLIAM GRAY . I was passing down Webber-street on the 18th, and saw a great number of young men round this oyster-stall—I stopped a few minutes, and while there I heard the prisoner say, "Is not this shameful?"—I went over and there were some of them upsetting his oysters; others were upsetting his dishes, and some with whelks in their hands—I said to them, "You ought to be ashamed of yourselves," and the prisoner then said, "The first man that comes round to me again, I will stab him"—immediately afterwards he ran after the prosecutor and stabbed him in the back—I do not think he intended to do him grievous bodily harm, but in his temper he stabbed him—I thought the prosecutor was larking with
him, as well as the others—the men who were with him were—I saw blood flowing from the wounded man, and I went back and said to the prisoner, "I shall detain you until the constable comes," and I did so.
THOMAS MALOOLMSON DONAHOO . I am a surgeon, of 19, Westminster-road, Southwark—on the afternoon of 18th May, the prosecutor was brought to my house in a fainting state—I had him unstripped, and found he had lost a large quantity of blood—his clothes were saturated with blood—he had a punctured wound on the back, between the sixth and seventh rib, rather behind, it had penetrated the lungs on the right side; such a wound could have been caused by this oyster-knife—at first I was very apprehensive of its being a serious wound, but he progressed favourably—considerable force must have been used—it penetrated all his clothing.
COURT. Q. Is he well now? A. Yes; he will entirely recover from the effect of it.
WILLIAM MULLINS (Policeman, H 126). On the evening of 18th May, I saw the prosecutor in the Waterloo-road, bleeding very much from the back—I then went to the oyster-stall, where I found the prisoner in Gray's custody—I took him—he told me that he was aggravated very much by the men round him—this oyster-knife was given to me, and I was told in the prisoner's presence that he had stabbed the man with that—he told me that he said the first man who took a whelk he would stab, and the prosecutor did so, and he stabbed him.
Prisoner's Defence. I keep a little oyster-stall in Webber-street—the prosecutor came and asked me for two pennyworth of whelks, and brought five or six more men with him—he would not pay me for them, and they kept taking them off the stall, and putting them in their pockets and eating them; then the prosecutor took up a handful of whelks and ran away with them, and I ran after him, intending to hit him with my fist; my oysterknife happened to be in my hand, and he was stabbed, but I did not intend to stab him.
GUILTY of unlawfully wounding.—Recommended to mercy by the Prosecutor. — Confined Four Months.
Before R. M. Kerr, Esq.
MESSRS. POLAND and O'CONNELL conducted the Prosecution.
HENRY BEVAN . I am landlord of the Admiral Tyrrell public-house, Bermondsey—the prisoner came in in April for a glass of sixpenny ale, which came to three-halfpence—he gave me a florin; I put it in the till, where there was no other florin, gave him the change, and he left—I went to the till about ten minutes afterwards; nobody else had been serving, and there was no other florin there—I found the florin was bad, and threw it on the fire; it melted immediately—on 26th April, which was about a fortnight afterwards, the prisoner came again for a glass of sixpenny ale—I recognised him as soon as he came to the door, but was serving other people at the time—he offered me a half-crown; I broke it in two in the detector, and said, "This is just what I expected of you; I thought I should see you again; you are the man that passed a bad two-shilling piece on me"—he said that he had never been in the house before—I said I was certain he was the man, and gave him in charge—he paid for the beer with a good half-crown while the officer was being sent for.
Prisoner. Q. Did you ever see me before the first time I came to your house, as you say? A. No, but I could pick you out from a hundred by your carroty hair and moustache.
JAMES BILLING (Policeman, M 116). On Tuesday, 30th April, I was sent for to Mr. Bevan's, and the prisoner was given into my custody—I searched him, and found on him a good half-crown, a florin, and fourpence-halfpenny—he said that he sometimes lived at Marylebone and sometimes at Paddington, and that he was a hawker of flash jewellery.
Prisoner's Defence. I never was in the man's house before.
GUILTY . He was further charged with having been before convicted of unlawfully having counterfeit coin in his possession; to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
MESSRS. POLAND and TAYLOR conducted the Prosecution.
HENRY PROCTOR . I am a beer-seller, of 17, High-street, Newington—on 27th April, about 9 o'clock in the evening, the prisoner came for half a pint of beer—he put down 6d., and I took it up and saw that it was bad—he said he had just received it from a gentleman for carrying his carpet-bag—I sent for a constable, who took him to the station—he was allowed to go, as no other coin was found—I marked the 6d. and gave it to the constable.
(P 461). On 27th April Mr. Proctor gave the prisoner into my custody—I found nothing on him—he gave the name of William Collis.
JOHN JOHNSON . I keep the Apollo beer shop, East-lane, Walworth—on 28th April the prisoner came for half a pint of beer—I saw my wife serve him; he gave her a bad sixpence—I told him it was bad—he said that he had taken it for holding a gentleman's horse—there are not many gentlemen's horses in East-lane, Walworth; you cannot see such a thing—he was taken to the station, and then allowed to go—I marked the sixpence and gave it to the constable.
PATRICK MARKHAM (Policeman, L 70). On 28th April the prisoner was given into my custody—I took him to the station—he gave his correct address, and his name William Bramey, and I allowed him to go—I afterwards received information, and on 8th May met him in Newington-butts—I was in uniform—he saw me and pretended to be drunk—I said, "Is that you?"—he said, "How do you know me?"—I said, "Come, let us have a look; are not you William Brainey, or Collis?"—he said, "No—I took him to the station, and he was locked up—I received sixpence from Mr. Proctor.
GUILTY .**— Confined Two Years.
MESSRS. POLAND and TAYLOR conducted the Prosecution.
ELIZA RIDWELL . My husband keeps a general shop in the Borough-road—on 10th May, about 9 in the morning, the prisoner came for a bottle of ginger beer, and gave me a florin—I went into the parlour, met my husband, and asked him to give change—he gave the prisoner eighteenpence and fivepence—it did not look a very good florin, and he ran after the prisoner, but could see nothing of him.
Prisoner. I was not there; I was never in the Borough-road till a
quarter to 11 that night. Witness. I have no doubt at all about you; you trembled very much, and that made me notice you particularly.
WILLIAM RIDWELL . My wife brought me a florin, and asked me to change it and take for a bottle of ginger-beer, which I did, and gave the man the change—I did not like the look of it, and went after him, but could see nothing of him—about ten minutes to 11 I went out for a pint of beer, and saw the prisoner at the street door—I said, "You are the man I have been looking for all day"—he ran away, and I ran after him, hallooing "Stop thief!"—I overtook him—Mr. Potts caught him, and he was given in custody—I put the florin in my pocket, marked it, and gave it to the policeman.
Prisoner. I am not the man. Witness. I have no doubt of you.
MARTHA POTTS . My husband keeps the Victoria beer-shop, Borough-road—on 15th May the prisoner came for a pint of beer, which came to twopence, and gave me a half-crown—I showed it to my husband, who threw it down, and said, This is a duffer"—he asked the prisoner for the money for the beer—he said that he had only three-halfpence, and was not aware the half-crown was bad—my husband allowed him to go.
ROBERT POTTS . My wife showed me a bad half-crown—I told the prisoner it was a duffer—he said that he did not exactly know that it was bad—I asked him to pay for the beer—he had only three-halfpence—he asked for the half-crown back, and I told him to come in the morning, as I was about shutting up—he waited at the door, and in a short time Mr. Ridwell came over and said, "You are the man I have been looking for all day; you passed a bad two-shilling-piece on my wife this morning; you ought to be locked up"—he instantly ran away—I caught him and gave him in custody with the half-crown.
Prisoner. Q. Did not I say that if you would give me the half-crown I would take it back to where I got it from? A. No.
JOHN WIDDOWSON (Policeman, M 256). On 15th May Potts and Ridwell brought the prisoner to the station—he was charged with passing a bad half-crown—he said that he was not aware it was bad—I searched him, and found on him three-halfpence in good money, four duplicates, and a pipe—Mr. Potts gave me this half-crown, and I received this florin next morning from Mr. Ridwell—the prisoner said that he lived at a beer-retailer's in York-street, but that it was of no use going there, for the party had gone away.
Prisoner. Q. Has the party gone away? A. Yes.
Prisoner's Defence. I did pay the half-crown, but was not aware it was bad—I can say, with a clear conscience, that I am not the man who passed the florin.
GUILTY .*— Confined Two Years.
MR. POLAND conducted the Prosecution.
MARTHA OVARY . I am the wife of Henry Ovary, a beer-shop keeper, of Deptford—on 16th May, about half-past 6 in the evening, the prisoner came, with another man, and called for half a pint of ale—I served him—he gave me a shilling; I gave him tenpence-halfpenny change, and put the shilling in the till—there was no other shilling there—he then asked for a pint of beer, and gave me a shilling—I put it in my mouth, and said, "This is a bad shilling"—he tried to bite it, but said that he could not—I bit it and bent it nearly double—I took the other from the till, and found that was
bad also—the other man ran away as soon as he had drank his ale—my husband detained the prisoner till a constable came—he threw the shilling over the people's heads outside the house; it fell just inside a ditch, and I went and picked it up and gave it to the constable, with the other.
CHARLOTTE OVARY . I am sister-in-law to the last witness—I live at 28, Smith's-row, Old Kent-road—I was at the door of my sister's house, and saw the prisoner and another man talking together—they went into the house—my sister served the first young man, and gave him his change—I heard a noise, and saw people running out of the house—I saw him throw the selling over the people's heads—my sister ran and picked it up.
JOSEPH FARDELL (Policeman, M 311). I took the prisoner, and received two shillings from Mr. Ovary—I searched him, and found one penny and a pawn-ticket—he said that he had not passed a bad shilling—I asked his address; he said that he had no settled place of abode.
GUILTY .— Confined Twelve Months.
MR. BEST conducted the Prosecution.
WILLIAM HARVEY . I am a starch-manufacturer at West Ham—on 13th May I received this letter—(Read: "Memorandum, March 12, 1864. From James Dickson, 2, Devonshire-square, Bishopsgate. To Messrs. Harvey and Nevill, Rice Starch Works, Stratford. All cheques crossed 'East London Bank. 'Gentlemen: Please favour, per return, prices of first and second cases of rice-starch per ton.")—we sent an answer to that letter—we then received this, dated March 17th—("Gentlemen: Will you oblige by forwarding on Thursday next, the 24th, without fail, half a ton of rice-starch, No. 1 Blue, in 561b. bags, prompt to date, please")—we did not execute that order—on the 8th April we received this document—("Gentlemen: Having several orders on my books for your starch, I should feel obliged if you could let me have half a ton, No. 1, to-day, as I am very much pressed for it. I am going to send to West Ham this afternoon. If you can oblige by sparing me some to go on with, please state how much, and I will forward cheque by carman. It does not matter about being in boxes, so long as the papers and labels are clean")—we replied to that—on the 9th April I received this—("Gentlemen: Please to deliver to bearer 5 cwt. of blue starch, and receipt invoice, and state when I can have some more, and oblige yours, J.D. ")—with that letter I also received this cheque—("No. 13,371, London, April 9th, 1864. East London Bank, Limited. Pay Harvey and Nevill, or order, seven pounds five: 7l. 5s. James Dickson. ")—the cheque was passed through our bank, the London and Westminster—it came back, and I afterwards made inquiries about it—upon receipt of the last memorandum we had delivered 5 cwt. of starch to the carman—I should not have delivered that had I not received the cheque—I had never had any transaction before with the prisoner—I would not have delivered the starch without money, or the expectation of money's worth.
some goods and to take them where I was ordered—I delivered the letter and got some starch—I took it where I was ordered, to Monk and Sewell's, by Mr. Dickson's orders—he paid for the carting—on 9th April his office was in Devonshire-square—I do not know where his residence was.
Prisoner. I did not hand him the letter, and he never received any instructions from me. Witness. The letter was given to me by a young man who I considered servant or clerk to Mr. Dickson—I have seen him with the prisoner in Devonshire-square—he was merely in the office; I never saw him doing any business.
HANNAH FERDINANDEZ . I am the wife of Michael Ferdinandez, and reside at No. 2, Devonshire-square, Bishopsgate—I remember the prisoner coming to take offices on 20th January last—he came on the Wednesday, and he occupied the apartments on the Monday following, the 25th of January—he stayed there about seven weeks and then left—I have not seen anything of him since—he did not pay his rent—he gave a deposit, but he owes something now—there was an agreement that he should pay in advance.
ALFRED MARKS . I am a clerk in the East London Bank—I know the prisoner, and am acquainted with his handwriting—the signature to these documents produced is all I can speak to positively—I mean the signature to the cheque, the others are not signed; they are only signed with initials—I was present when the prisoner signed his name at the bank—to the best of ray belief the documents are in his handwriting, the filling up of the cheque was always in his handwriting—I believe I know the writing sufficiently to swear to it; for the ordinary purposes of life, I could act upon my conviction—the prisoner first opened an account at the bank on the 22d of January with 50l.—the last cheque was drawn on the 30th of March for 1l. 2s. 6d., which left a balance of 1s. 10d. to his credit—it is impossible for the bank to spare the books, they are wanted every moment in the day—we had notice to bring the books, but I have not brought them.
(The Court was of opinion that in the absence of the books there was no legal evidence of the false pretence; they were sent for, but after some delay, as they were not forthcoming, the Jury were directed to acquit the prisoner.)
NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution, and MR. COOPER the Defence.
GEORGE EDGELEY . I live at Trafalgar-place, Wandsworth New-town—on 4th December, I went to a milk-shop in Snow-fields to find a person of the name of Smith—I was taken from there by two females to the Ship and Shovel—I saw the prisoner there—one female said to me, "Here is Mr. Smith"—I said to him, "Do you know Mr. Smith?"—he said, "I do not know such a name; catch hold, old fellow, and drink, what do you want with Mr. Smith?"—I said, "As you don't know the person, of course you don't want to know my business"—he said, "Never mind"—I said, "It is of no consequence; Mr. Smith obtained a van of me, and I hold a bill against him, but the party that he brought to put his name to the bill tells me that Smith gave him a sovereign to do it, and he would do it for any man every day in the week, as he had no money to lose"—the prisoner then said,. "Why the b——y old van that Smith had was not half so good as the cart he left behind"—I said directly, "You told me, just now, that you did not know a party of the name of Smith at all; I am aware that I fell into the hands of swindlers, and if I do not get the money for that bill I shall take
proceedings against you"—he beckoned me over the bar; I supposed he was going into the parlour to settle it, but at the moment a door was opened in the passage, and he gave me a blow—I fell down backwards and called" Murder!" and "Police!"—I was taken home; my doctor attended me from that time until the 12th—on that day I went with Sergeant Howe to a coffee-house in Duke-street—I went in and saw the two females that took me to the Ship and Shovel, and the prisoner was behind the bar—one said, "Here is the old man"—the prisoner got up and walked into a little room, and I followed in—he said to me, "What is your pleasure?"—I said, "I beg your pardon, do you not remember knocking me down at the Ship and Shovel?"—he said, "Is that all you require?"—I said, "That is all"—he then gave me a tremendous kick and blow in the back—his son came and "bonneted "my hat over my eyes, and then kicked me and shoved me bodily into the street—I was taken home by Sergeant Howe—he had remained outside while I went in; he could not see what was going on—I was attended by my medical man, Mr. William H. Day—it is not true that I had made use of bad language to the women; I am quite a different man—I am not capable of doing work now and never shall be any more, I am sorry to say—I have neither been able to dress myself or undress myself since—I went to my solicitor on the subject, and on driving home I ran against the long pole of a timber dray, and my cart turned over and I was upset.
Cross-examined. Q. Did you fall out of your pony-cart? A. I did—I was taken to St. Thomas's Hospital in my four-wheeled phaeton—I was not discharged on the 15th of May cured—no man had better health than I had before meeting with this assault—I was suffering from dislocation of the clavicle and injury to the back—when I went to the Ship and Shovel I found the prisoner, not Smith—I was not with the women all the time—they took me from 84, Snow-fields there—I did not behave rudely to them—I never behaved rudely to a lady in my life—I do not consider they are ladies—I did not have some gin and beer; I had some ale—I won't swear there was not some gin in it; I was as sober as I am now—I took a glass; I do not know that I took more than one glass—I did not begin to pull the women about—the prisoner did not take me by the collar, and did not threaten to turn me out if I persisted in such beastly behaviour to the women—I did not say I was not so when sober but that perhaps the liquor had made me forget myself.
Q. Did not Mrs. Smith say she would go and endeavour to find her husband, and did not you go to the door and say," I want to speak to you," and again act rudely? A. No; how could she go to find her husband when he was in quid at Maidstone?—I mean to say that is the truth—she told me her husband was in trouble—she made some remark to the prisoner about it—I had not a friend named Jeffries with me on the second occasion—he was with me the first time—I have not since this quarrelled with my own son—I have not threatened to sue my son; I did the prisoner's son—I charged him with assaulting me—that was done at the same time—they both pushed me and kicked me; he even took me up and chucked me into the street—there were only the two females present—there is no mistake about the kick; I shall never forget it as long as I draw breath—the female, Mrs. Smith, who represented to me that she did not know her husband came to me last Wednesday, and proposed to pay my bill for the cart, provided I did not come to this court—the injury of which I complain was not inflicted when I fell out of the cart.
Wandsworth—I was called in on 13th December, to examine the last witness's back—I found a great pain at the shoulder, over the blade-bone, and there was a great deal of swelling—when the tumefaction and the inflammation had subsided, I detected a transverse fracture of the scapula—I found also injury to, and inflammation of, the spine—that was about the 17th of December—I should say he will never be able to do another day's work—either a blow or a fall would break the scapula—it must have been violent.
Cross-examined. Q. Would a kick on the posteriors be likely to break the clavicle? A. Oh, no; not if the kick were ever so hard—the accident would be just as likely to occur from a fall from a gig—they were just the bruises and effects that a fall would produce—they might happen from a fall from a carriage or low cart—I do not know anything about what he suffered from when he went to the hospital; I only know from the 13th of December and following days—I am not speaking of a dislocation of the clavicle, but a fracture—there is a great difficulty in old age for it to unite, because there is not matter thrown out.
MR. LEWIS. Q. You saw the injury and swelling on the 13th? A. Yes—it was about a week after, I think, that he went to the hospital—I saw signs of external injuries from about the 13th to the 20th.
JEFFRIES. I went with the prosecutor on the 4th of December to the prisoner—when we got there, he was introduced as Mr. Day, the landlord—Mr. Edgeley said, "I am come concerning a van"—the prisoner said, "I know nothing about it myself; but never mind, old chap, we will have a drink of beer"—we had a drop of beer, and a drop of gin—then the prisoner called Mr. Edgeley, and beckoned to him—in less than half a second, I heard him call out "Murder!" and "Police! "—he was, I may say, sober—I picked him up—he seemed very bad indeed—I did not see the prisoner hit him.
Cross-examined. Q. How was it you found him on the ground? A. I am not aware—I did not see that at all—we were a little worse for beer—I only saw the two females besides there—the prisoner, when we went in, was in the parlour—the prosecutor fell outside the door.
SERGEANT HOWE. I went, on 12th December, to a coffee-house in Duke-street, and I saw the prosecutor go in—after he had gone in about three quarters of a minute, I saw two females sitting, and a man standing on the left-hand side—I saw the prisoner rise up from the right-hand side and motion to Edgeley to follow him, which he did—half a minute after, I saw him being pushed out by the prisoner—he was struck several times coming through the shop—one man had hold of his left arm; whether it was the prisoner's son or not, I cannot say, but I should know him again—Edgeley was crying "Murder!"—I ran across the road, and he wished to give the prisoner into custody—I did not take him—I thought it would be better to take other proceedings, than to take a man from his own house—I went home with Edgeley—he complained very much all the way home.
Cross-examined. Q. Did you see him struck? A. I did—I was then at the roadside—I saw the women there—I do not think they could see better than I could, because the window is right down to the street—they could see quite as well.
MR. LEWIS. Q. Was the door of the coffee-shop open to the street? A. Yes—I saw both through the door and the window—I was standing and looking in—as soon as the prosecutor gave me a description of the first assault, I suspected the prisoner, as I had been engaged tracing the van.
The prisoner's statement before the Magistrate put in and read, as follows:—"He used bad language in the presence of females. I struck him, and the neighbours said it served him right."
MR. COOPER called the following Witnesses for the Defence:—
LUCRETIA SMITH . I went with the prosecutor on the evening in question to the Ship and Shovel—it was in the middle of November—Mrs. Day took him there, and I went with her—we saw the prisoner there—he and the prosecutor had some gin and some beer together—after he had been there a quarter of an hour, I saw him produce a bill, which I knew belonged to my husband, and asked for him—he said if he told me his business, I will give him no bother with the bill—the prisoner called for some gin, and we had more to drink; and I suppose an hour elapsed, when the prosecutor said he had no money—the prisoner lent him one shilling—the prosecutor told me then I could come and not bring my husband, and work it out—the prisoner said he ought to be ashamed of himself to use such language to a female—he then put his hand and pushed the prosecutor aside—we then had more drink—afterwards, the prosecutor said he would have some more, but he had no money to pay for it—he was then going out—I went towards the door, but he stepped back, and said to me, "My dear, I want to speak to you before I go," and put his arm round my neck—I pushed him, and as he was drunk, he fell down—the prisoner never struck or kicked him—I did not see a policeman—Mrs. Day was there all the time.
Cross-examined. Q. Are you speaking of the 4th of December? A. No; I am speaking of November—I never went to that place with the prosecutor before, or any other time—I am only speaking of one occasion—I did not go to the Crown Coffee House in Duke-street—I did not hear a cry of" Police!" or "Murder!"—my husband is a clerk—he got a van of the prosecutor, and paid him 3l. on account, and exchanged a light cart—he owed the rest of the money—I did not hear Mrs. Day introduce the prisoner as "Day"—the prisoner is no relation of mine—I did not go before the Magistrate; I tried to do so, but they would not allow me—that was the last time, when the prisoner was committed—I did not go last Wednesday, and offer the prosecutor money not to come forward—I wanted to prevent my coming here for the defence—my husband got the van of the prosecutor last July—my husband was not in prison at this time; he was in prison in December—he is in prison for giving a cheque—it has nothing to do with this matter.
MARTHA DAY . I went to the Ship and Shovel on this night—it was the Monday after Lord Mayor's-day—when we got there, the prosecutor said he would have the house searched, as Mr. Smith resided there—I did not introduce the prisoner as Mr. Day—we had some gin and beer together—we were there two hours and more—the prosecutor was very much excited—I am positive the prisoner did not hit him—there was something improper, but I was sitting down, and did not see it—I heard the prisoner call the prosecutor a dirty old man—he followed Mrs. Smith—I afterwards saw him in the act of getting up—that is all that passed—I had never seen the prosecutor before—I was at the Crown Coffee House one evening just before Christmas—the prosecutor came—the prisoner was in the parlour—they had some conversation—I heard prisoner say, "Is that all you want? Get out of the shop"—the prosecutor said, "You are all a lot of swindlers"—the prisoner's son came to put him out of the shop, and hit the top of his hat, and pushed his hat down—I am positive the old man did not—my daughter was there also—she is not here.
Cross-examined. Q. What are you? A. I have some freehold property in the country to live upon—I live at 22, Charles-street, Black friars-road—I have not been acting as Bristow's housekeeper—he is a distant relation—my daughter married into the family—I do not live with my husband—he is at Winchester—he is in prison there—I will swear positively I did not introduce the prisoner as Day—my husband and Mr. Smith were convicted together, and they got eighteen months' imprisonment—I was not examined before the Magistrate.
CHARLES CLARKE . I am a labourer, and live at 106, Bennett-street—I remember the prosecutor driving a horse and cart about two days before Christmas—he appeared to be drunk—in turning a corner, he was upset, and was picked up insensible.
STEPHEN HIGHGATE . I live opposite the prosecutor's house—I recollect the 23d of December, and his being turned out of his cart—he appeared to be drunk—I saw him about in his yard between the 12th and the 23d of December.
JOSEPH BENTLEY . I live at the Paragon—I remember the 23d of December—the prosecutor was outside his door and I was outside mine, between 12 and 1 in the morning—the "waits" were playing—the prosecutor was dancing, and we all were—I never heard him speaking of having had a kick.
GUILTY .— Confined Four Months , and Fined 50l.
MR. F. H. LEWIS conducted the Prosecution, and MR. LILLEY (the Defence.
SAMUEL SAMUELS . I am a cooper, and live at 10, Borough-road—on the morning of 15th May, I heard a cry of "Murder!" at No. 1, Johanna-street, where the prisoner and the deceased lived—I climbed up on Mr. Turner's window-ledge—the little girl opened the window, and I saw the prisoner knocking Mr. Weston's head against the handle of the drawers and the drawers—he was lying on his belly, in his shirt—she was dressed—I hallooed out, "You beastly cow! if you don't let him alone, I will knock you down with this flower-pot"—she then let him go—I saw his head fall, and I called out, "He is dead"—she ran down the stairs, and the mother came up, and hallooed out," God Almighty, go and fetch my son; she will murder him! "I said, "He is already dead"—I was going to open the door, and as I was looking through the window, I saw the prisoner in the passage—she was drunk—she told me that I had got up there to rob the place; and if it had not been for me, she would have seen the last of her husband—I heard the the cry of "Murder" once or twice—it was the deceased's voice.
Cross-examined. Q. Was that what you first heard? A. Yes; this was between 1 and 2 in the morning—I was out like a great many more—I was along with two or three of my pal.—I had been drinking with them—I was not drunk—I had not been fighting—there was a fight in Johanna-street between two women, and that is how I came to be there—I was seven or eight minutes on the window-sill—I did not speak to the prisoner more than I have said—I only called her a beastly cow—it would have made anybody call her names—I knew the deceased before that day—I do not know that he was subject to fits; when I first looked through the window he was trembling.
and her mother in the prisoner's room on the morning in question—she was quarrelling with her mother, and trying to turn her out—she told me to mind my own business—I went home, and soon afterwards I heard the children's voices—I went out and saw Samuels on the window-ledge—I went into the house after the police-constable, and I there saw the prisoner's mother and the dead man, Stephen Weston—it was from five to ten minutes after I left their shop that I heard the children cry out—the dead man was lying on the bed, which was on the floor.
JOHN WILCOX WAKEM . I am a surgeon—I examined the body of Stephen Weston—I have heard the evidence—I think it is quite possible the prisoner might have killed her husband in the way described in two minutes, particularly if he was not well before—the injury to the head would be quite sufficient to cause death—effusion of blood on the brain was the cause of death—the whole of the back part and the side of the head was one mass of puffiness from recent blows.
COURT. Q. How recent? A. Apparently quite recent—it is quite possible that all that could have been done in five minutes—that puffiness would arise in a few minutes—the wounds were such as might be produced by the head being knocked up against drawers, or from any violence, either from direct blows, or from the head being knocked—effusion of blood on the brain would be produced by wounds of that description—there were three clots of blood on the brain—they could be produced in five minutes—a man might get a great many knocks on the head in one minute—there was no fracture of the skull.
MR. LEWIS. Q. I suppose a man suffering from delirium-tremens would be more easily affected by blows? A. Yes, he would be more easily affected by violence of any kind.
Cross-examined. Q. Supposing a man had been suffering from fits of delirium-tremens for weeks, would not that account for a number of the bruises that you saw, supposing he fell down in those fits? A. All except two or three bruises were perfectly recent—it was quite possible to inflict the injuries I saw, in from five to ten minutes—he might have been on his back when the injuries were effected—if a man was in a trembling state from delirium-tremens, the restraint of that would affect him unfavourably—very many men have died from delirium-tremens being restrained.
WILLIAM COTTERELL (Policeman, L 92). I was on duty in Johanna-street on this night, about 12 o'clock—I saw the prisoner and her mother in the shop—the mother said to me she wished I would go in as Sam and Sal. were having a row, and she thought there would be murder done—I had been called there previous to that—they were quiet then—I was fetched to the house again about 2 in the morning—I did not hear the screams at all—I went upstairs, and saw the man lying dead—the prisoner was crying, and holding his head up with her arm—she said it was a bad job, and if it had not been for Samuels she would have seen the last of her poor husband.
Cross-examined. Q. You heard no noise? A. No, and I heard no one crying out—I know very little of the mother; I should not like to say whether she was drunk or not.
ELIZABETH SWEATMAN . The prisoner is my daughter—I remember the morning of this sad occasion—Mr. Weston has been bad with delirium-tremens for several days—he tore the bed things to pieces, and everything; he must have been out of his mind—he got in and out of bed, and me and my son
had to get him in again, the best way we could, at half-past 1 in the morning.
COURT. Q. Did he fall at any time? A. Not then, but when he came out of the bed-room he fell down on his face on the bed—his head was never near the drawers—it was in a slanting position—I went round to his right-hand and laid hold of it, and his fingers were clenched and his arm was stiff—I said to my daughter, "Oh my God! he is dead"—she said, "Dead; don't tell me dead; and she said, "Steve, you are not dead; speak to me"—she then went and took hold of his head, and let it drop again—when I saw Samuels he was at the window, and I shut it down—he could not have been at the window when Mr. Weston got out of bed—he was there when he was lying down—he fell on his stomach across the bed.
JURY. Q. Were there any bruises on the deceased's head the day before? A. No, and there were none when he died—I don't know anything about the doctor's evidence.
ELIZABETH FRANCES WESTON . I am the prisoner's daughter—I recollect the day on which my father died—I recollect seeing my mother in his room—I don't recollect my brother opening the window or calling out anything.
COURT. Q. Did you say this before, "My father was very bad; he came into our room in the night; he fell down on grandmother's bed; mother came up soon afterwards, and tried to pick him up and she could not, and went down again—I did not see Samuels till after father fell; my mother only tried to pick my father up"? A. Yes; that is all true.
JOHN SWEATMAN . I was with the deceased on the 14th, and left him on 15th—he was violent in his bed, and as delirious as anybody could be—I was with him from 7 till 1, barring about five or ten minutes—I left him on Sunday, the 15th, at 1 o'clock, and he died between 1 and 2, I believe; I was called out of bed, and told he was dead.
Cross-examined. Q. Did the prisoner call your attention to him? A. She did at the fore-part of the evening.
MR. LEWIS. Q. Did you see him knock his head against the drawers? A. I was not there—I left him in his own bed—there were no drawers in his room—he had come out of his room into the other when I saw him lying dead.
NOT GUILTY .
ADJOURNED TO MONDAY, JULY 11TH, 1864.